Judge rules former Arizona lawmaker David Marshall can remain Navajo County recorder

A judge ruled that former state lawmaker David Marshall can continue to serve as the Navajo County recorder, finding his appointment to the job did not violate the Arizona Constitution.

Marshall, a Republican, resigned from the Arizona House of Representatives in April shortly before the Navajo County Board of Supervisors picked him to replace former Recorder Timothy Jordan, who resigned after pleading guilty to charges stemming from a road rage incident.

The appointment drew rebukes from critics on both sides of the aisle, who argued it violated a state constitutional provision barring lawmakers from holding other state or county offices “during the term for which he shall have been elected.”

In May, Democratic Attorney General Kris Mayes asked a judge to remove Marshall from office.

The Attorney General’s Office argued that the constitutional ban against holding other positions applies to Marshall and other lawmakers elected in 2024, even if they resign.

That’s because the phrase “during the term for which he shall have been elected” applies to the entire term Marshall was elected to serve, according to the attorney general’s quo warranto action.

In other words, the Attorney General’s Office argued Marshall shouldn’t be allowed to hold other offices until that term ends in January 2027.

But Maricopa County Superior Court Judge David McDowell disagreed.

McDowell, citing Arizona Supreme Court precedent, said the constitutional rule was created to make sure that lawmakers don’t influence legislation that could affect another office they hope to hold during their legislative term, such as the county recorder’s position.

In a seven-page ruling, McDowell said that potential harm ceases to exist the moment a lawmaker, like Marshall, resigns from office.

“He is certainly not able to sit in his former legislative seat, participate in committee meetings, submit proposed bills or resolutions, or do any of the other legislative acts that influence the course or legislation or participate in such deliberations or enactments,” McDowell wrote.

Linley Wilson, Marshall’s attorney, praised the ruling.

“This ruling also protects the constitutional rights of all legislators in Arizona and sets judicial precedent going forward,” she said in a statement. “Instead of conflicting attorney general opinions with little analysis, we now have a clear, judicial ruling establishing that legislators who lawfully resign from their legislative positions to accept appointments to other public offices have not violated (the state constitution), and will not face similar threats of quo warranto lawsuits from private actors or the Attorney General.”

A spokesman for the Attorney General’s Office said it is still reviewing the ruling and declined to comment on whether Mayes plans to appeal.