Arizona AG steps aside from abortion law cases

Court filings by Goddard's office say he recused himself, and that Chief Deputy Tim Nelson is acting attorney general on cases pending in state and federal courts.

Goddard stepped aside because of the possible appearance of a conflict of interest, his spokeswoman Anne Hilby said.

Goddard considered recusing himself even before his public support for abortion rights was cited in a court filing by supporters of the new law, Hilby said.

"While our office does not feel that a conflict of interest exists, in an abundance of caution we have decided to screen the attorney general from decision-making in these matters," she said.

Court hearings are set next week on motions by abortion providers and abortion-rights supporters to block implementation of parts of the law, set to take effect Wednesday. It was passed by the Legislature in June.

The new law requires women getting abortions to be briefed at least 24 hours in advance by a physician about the procedure, health risks and other specific matters. It also imposes restrictions or mandates on the rights of health care workers, timing of payment for services, and who can perform surgical abortions.

The attorney general's office is responsible for defending state laws from legal challenges. Supporters of the abortion law also asked for permission to intervene in a pending federal case.

Citing time constraints, U.S. District Judge David Campbell denied that request but allowed the supporters to file a friend-of-the-court brief.

The supporters, who included legislative sponsors and groups of health-care providers, said they didn't think their interests would be adequately championed by the state.

In their motion, they cited Goddard's past statements and positions "against government regulation of abortion and protection for health care workers' right of conscience."

The supporters noted that Goddard delivered a keynote address at an event partially sponsored by Planned Parenthood, an abortion provider.

"Because of this open association between Attorney General Goddard and abortion advocates, there is a strong likelihood that defendant-intervenors' interest will not be adequately represented," the motion said.

Hilby said Nelson has no conflict of interest in the cases.

Nelson was an attorney in the Attorney General's Office from 2000 to 2003 during the administration of fellow Democrat Janet Napolitano. He served as Napolitano's general counsel in the governor's office before leaving to run unsuccessfully for Maricopa County attorney in 2006.

Deborah Sheasby, a Center for Arizona Policy lawyer helping represent supporters of the law, said they were "pleased with the state's briefs so far" but still contend the supporters' own interests deserve separate representation.

Hilby said Goddard, first elected attorney general in 2002 and regarded as the favorite for the 2010 Democratic nomination for governor, had not previously recused himself from an abortion matter.