Arizona AG Office Sought Recruitment Help From Groups That Sued Prisons

Internal emails show that the Arizona Attorney General's office, under Attorney General Kris Mayes, sought recruiting assistance from two prominent left-wing legal organizations that have a history of suing the state's corrections department. Chief Deputy Attorney General Daniel Barr solicited recommendations for attorneys to handle work for the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) and for candidates to serve as ADCRR's general counsel.

Barr had prior connections with both the American Civil Liberties Union (ACLU) and the Berkeley-based Prison Law Office (PLO). Before joining Mayes' office, he was a partner at Perkins Coie, where he worked alongside the ACLU and PLO on a federal case concerning constitutionally inadequate prison conditions in Arizona. Both the ACLU and PLO advocate for significant changes in incarceration policies, including reducing prison populations and improving prison conditions.

Mayes, who has described herself as a "moderate" and is running for re-election, is facing Republican state Sen. Warren Petersen. Her campaign stated that Mayes has consistently supported funding for Arizona police and cartel task forces and has worked with law enforcement to seize millions of fentanyl pills. The campaign also noted that Mayes has defended Arizona against lawsuits from the ACLU challenging laws related to border crossings and police recording.

Despite Mayes' public stance on law enforcement, emails from February and April 2023 indicate Barr reaching out to the ACLU and PLO for assistance in filling legal positions within the ADCRR. In one email, Barr stated he was looking to bring ADCRR work in-house and needed to hire attorneys for various capacities. Later, he sought suggestions for ADCRR's general counsel position.

David Fathi, director of the ACLU National Prison Project, responded to Barr's requests, promising to increase efforts to find a candidate. The ACLU's priorities include substantially reducing the incarcerated population and using incarceration as a last resort. Corene Kendrick, deputy director of the National Prison Project, mentioned a potential candidate who was actively involved in suing ADCRR in civil rights cases.

The PLO, according to its public statements, works to reduce incarceration and litigates on issues related to prison conditions and medical care. The organization has been involved in litigation that led to court-ordered reductions in California's prison population and supports reentry programs.

The positions advocated by the ACLU and PLO, such as divestment from police departments and reducing law enforcement spending, stand in contrast to Mayes' stated commitment to supporting police funding. During her 2022 campaign, Mayes explicitly rejected the idea of defunding the police.

Ashley Oddo was eventually hired as ADCRR's general counsel. Prior to this role, Oddo led Arizona State University's Academy for Justice and supported criminal justice reforms. Oddo was not affiliated with the ACLU or PLO, and her name did not appear in the email communications between Barr and the organizations.

While the extent of further assistance provided by the ACLU and PLO remains unclear based on the obtained emails, communications suggest a cordial relationship between Barr and staff from these groups. A representative from the PLO also reported a meeting with the head of ADCRR to discuss working together on ADCRR issues.