Court Clears Start of Mecham Impeachment Trial

Arizona’s Supreme Court refused Friday to delay the start of Gov. Evan Mecham’s impeachment trial on Monday but said it would consider blocking the proceeding once it is under way.

The ruling came in an emergency session during which the governor’s lawyers cited danger to his constitutional rights and the justices expressed concern about breaching the separation of judicial and legislative powers.

The high court said that it would decide Tuesday--one day after the Senate trial is to begin--whether to issue an injunction.

Thomas Crowe, an attorney for the first-term Republican governor, had told the high court that Mecham’s rights would be violated if an impeachment trial were held before related criminal charges were heard in court.

Urges Hands-Off Policy

John Ludin, representing the Senate, told the justices they were “being asked to enter an arena that has never been entered into by any court in this nation,” and he suggested that they refrain from breaking such new ground.

The justices indicated by questions that they were reluctant to interfere with legislative matters in light of the state constitution’s separation of powers.

Senators, who had previously delayed the start of the trial by a week, refused earlier this week to give Crowe and Washington attorney Jerris Leonard more time to prepare the governor’s defense.

Mecham was impeached Feb. 5 on a 46-14 House vote. Several days later, the House approved 23 impeachment articles, the equivalent of an indictment in a criminal case. They outlined three broad charges against Mecham: That he concealed a $350,000 loan to his 1986 campaign, misused $80,000 from the governor’s protocol fund by lending it to his auto dealership and tried to thwart an investigation of an alleged death threat by a state official.

In a related development, Murray Miller, who has represented Mecham since October, withdrew from the case abruptly, saying Friday that he decided late Thursday to drop out.

Uncertain on Preparation

He said that Leonard was now in charge of the defense. But he expressed uncertainty as to whether Leonard, who was hired by the governor on Tuesday, could be prepared to proceed Monday.

Miller refused to disclose his reasons for bowing out, but he said that he hoped senators would not suspect that he had deceived them about his role in the case. As late as Wednesday night, he said: “I was fully in charge of the case and defending the governor.”

Senate Majority Leader Robert Usdane, a Republican, said he suspected the change of lawyers was planned and was a delaying tactic.

“Anything to try and tie this thing up until May 17,” he said, referring to the date when Mecham faces a recall election. “We are not going to do that.”