State Sen. John Huppenthal, (R-Dist.20), is requesting a postponement of court proceedings in the theft case against him based on a provision of the Arizona Constitution granting lawmakers “privilege from arrest and any civil process during the legislative session,” according to a motion filed in Chandler San Marcos Justice Court.
The provision reads: “Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process during the session of the legislature.”
Huppenthal’s defense attorney, Booker T. Evans, said he did not file the motion to delay the case, but so Huppenthal could carry out his duties in the legislature. “We’ll be prepared to go forward when the session ends,” Evans said.
Huppenthal is charged with misdemeanor counts of theft and tampering with a political sign in connection with a November 4, 2008 incident in which he yanked a sign critical of him from the hands of a 78-year-old feisty grandmother/Democrat activist, in front of a polling place.
Huppenthal has contended that he had permission to remove the sign.
The East Valley Tribune carries a report here.