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Arizona Courts Face Scrutiny Over Juryless Trials
Liberty Check
Arizona’s courts are under renewed scrutiny as constitutional advocates sound the alarm over agency-run securities prosecutions that bypass jury trials. Calls for fair-trial protections are mounting after recent decisions kept these administrative proceedings intact, despite new precedent from the U.S. Supreme Court.
The Arizona Corporation Commission (ACC) has long held the authority to prosecute securities violations without juries, drawing criticism for limiting defendants’ constitutional rights. The state’s constitution does not require jury trials for these kinds of cases, diverging from federal standards and enabling the ACC to control investigations, prosecutions, and verdicts internally.
- The ACC’s internal process relies on agency-employed judges and lacks standard court protections.
- Supreme Court precedent in SEC v. Jarkesy affirmed jury trial rights for fraud penalties, but Arizona courts declined to apply it.
- Recent moves by ACC leadership to request a formal legal opinion signal growing internal and public pressure for reform.
The fight centers on whether state agencies can sidestep constitutional jury-trial rights when hitting citizens with severe penalties. Liberty-minded Arizonans are demanding transparency, accountability, and an end to unchecked administrative power.
Our freedoms depend on staying vigilant.
