A bill that would make it more difficult for prosecutors to seize cash or property is making its way to Gov. Doug Ducey’s desk.
Prosecutors across the state want the governor to veto the measure, while proponents say establishing a higher standard is appropriate.
"I've heard from people I respect on both sides who I think are making very significant points," Ducey said. "I think this is often in legislation when you're making big reforms you have people who can argue both sides of the issue. And this is one I want to get deeper into the weeds on."
Ducey said some reform is needed, but he is being lobbied by prosecutors to quash the bill if it arrives on his desk in its current form.
Maricopa County Attorney Bill Montgomery is one of those prosecutors.
"There was never an objective case made for increasing the standard, other than those who were making money over creating an issue over saying that preponderance of the evidence was incorrect because this was somehow a quasi-criminal matter," Montgomery said.
If the measure is signed, a judge would have to find “clear and convincing evidence” that the cash or property a prosecutor wants to seize is linked to a crime.
Currently, prosecutors are not required to charge anyone with a crime even if they seize that person’s assets.
The House bill is supposed to create more transparency.