Senator Judy Burges

​Republican state Representative Judy Burges has a new title: state Senator Judy Burges.

Burges was chosen this morning by the Maricopa County Board of Supervisors to fill the state Senate seat made vacant when former Senator Scott Bundgaard.

Bundgaard, as you know, called it quits just minutes before he was scheduled to testify in front of a Senate ethics committee about a fight he got into with a former girlfriend on the side of a Valley freeway last year.

Burges was one of three possible replacements for Bundgaard -- attorney Eric Spencer, and former Maricopa County GOP chairman Lyle Tuttle also were considered.

The vote for Burges was unanimous.

Burges, you may recall, is the original sponsor of the 2010 "Birther Bill," which never made it out of committee. However, last year, a similar bill found it's way to the desk of Governor Jan Brewer, where it was vetoed.

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www.teapartytribune.com

Representative Judy Burges wants to be Senator Judy Burges.

​There's good news and bad news...

The good news: the Scott Bundgaard freeway fight fiasco is finally over. The bad news: he might be replaced by state Representative Judy Burges -- one of the first sponsors of Arizona's humiliating "Birther Bill," and the author of the "I didn't pay enough fund" bill.

Bundgaard resigned from his seat in the state Senate earlier this year, just moments before he was supposed to testify in front of an ethics committee looking into a fight he got into with his now-former girlfriend.

Last night, GOP precinct leaders pegged with the task of finding possible replacement for Bundgaard submitted a list of three names to the Maricopa County Board of Supervisors, which will select Bundgaard's replacement.

On the list is Burgess, attorney Eric Spencer, and former Maricopa County GOP chairman Lyle Tuttle.

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America's Most Wanted

Convicted sex offender Arthur Vitasek and state Representative Jim Weiers were besties for more than 20 years. One of Vitasek's many victims said Weiers encouraged him to not tell police about the abuse.

​A convicted child molester -- who once was "mentored" by Republican state Representative Jim Weiers -- was in Maricopa County Superior Court this morning, where he was sentenced to some pretty serious prison time.

Judge Peter Reinstein sentenced Arthur Vitasek to 559 years in prison after he was convicted of multiple counts of sex-with-a-kid related crimes.

According to various news reports from the time of Vitasek's 2006 arrest, from 1990 until 2005, Vitasek molested several young boys -- ranging in age from 7-15 -- in Mesa, Paradise Valley, and Phoenix.

An Amber Alert was issued for Vitasek in January 2005 when he was on the run with an 11-year-old traveling companion. The boy was later found at an apartment in Tempe, but Vitasek was long gone.

Vitasek remained one of Arizona's most-wanted fugitives for nearly a year. He was arrested in Texas on sexual assault charges in September of 2006. When he was arrested, Vitasek was using the alias "Rich Loper."

Authorities in Texas determined that "Loper" was actually Vitasek, and that he was wanted in Arizona on dozens of child molestation charges.

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James King

Legislative immunity is likely why Governor Glug-Glug doesn't have a DUI on her record.

​Following the resignation of former state Senator Scott Bundgaard over the scuffle he got into with his former girlfriend on the side of a Valley freeway -- and the legislative fiasco that followed -- Democratic state Senator Steve Gallardo says he plans to introduce a bill that would do away with legislative immunity for state lawmakers.

The Arizona constitution defines legislative immunity as follows: "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, nor for fifteen days next before the commencement of each session. (Article IV, part 2, section 6.)."

The idea is derived from centuries-old English common law designed to keep the British king from locking up members of Parliament who disagreed with him (sound like anyone you know?).

In its contemporary application, as explained in Arizona's Legislative Manual, "Legislative immunity not only protects a legislator from liability but also from having to testify or produce documents in court proceedings relating to legislative activity and prohibits actions seeking declaratory judgments, injunctions and other legal actions against legislators acting in the scope of their official duties."

According to Phoenix police, Bundgaard claimed legislative immunity the night of the fight, which is why he wasn't arrested. His former flame, Aubry Ballard, however, wasn't so lucky -- she spent that night in the slammer as Bundgaard was allowed to go home.

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Scott Bundgaard's attorney: "After a day and a half of the hearing, it became clear from the way in which the hearing proceeded and was presided over that the presentation of Senator Bundgaard's case would be pointless."

​State Senator Scott Bundgaard resigned from the Senate this afternoon just minutes before he was supposed to testify in front of the Senate Ethics Committee regarding a scuffle he got into with his former girlfriend on the side of a Valley freeway.

Bundgaard's attorney, Andre Merrett, tells New Times that the now-former senator didn't resign because he didn't want to testify, but because it became clear that Bundgaard wasn't going to get a fair shake from the committee.

See the email we received from Merrett below.

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Former state Senator Scott Bundgaard

​*UPDATE* Bundgaard confirms to New Times that he has resigned. He says he'll speak with us about it later today.

State Senator Scott Bundgaard was scheduled to testify this afternoon during the Senate ethics hearing over the freeway fight he got into with his former flame Aubry Ballard. That didn't happen, though -- minutes before he was scheduled to testify, Bundgaard quit his job.

We corresponded with Bundgaard as recently as this morning. He made no mention of any plans to resign.

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Senator Scott Bundgaard thinks members of the Senate Ethics Committee are out to get him. Maybe they are, but that's a Legislative issue, not a Judicial issue, a judge ruled this morning.

​A Maricopa County Superior Court judge has denied state Senator Scott Bundgaard's request to put a stop to the State Senate ethics hearing over the fight the senator got into with his former gal-pal on the side of a Valley highway last year.

See our coverage of the scuffle the senator had with former flame Aubry Ballard here.

In his ruling, Judge John Buttrick explains that -- among other reasons for denying Bundgaard's request -- the court has no authority over how the Legislature polices itself.

"The doctrine of separation of powers is rooted in the Arizona Constitution which directly prohibits the judicial branch from 'exercise[ing] the powers properly belonging to either' the legislative or executive branches. Ariz. Const. art. III. Among those powers granted to the legislative branch is that of judging the 'qualification of its own members' and determining "its own rules of procedure,'" Buttrick writes, citing Arizona's constitution.

Bundgaard and his attorneys have argued that the hearing is unfair to the senator because members of the Ethics Committee have a bias against him -- which, he claims, is evident in comments certain members have made to the media about the February scuffle.

The senator's attorneys say the committee is "determined to convene a kangaroo court to expel Senator Bundgaard from the Senate."

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Senator Scott Bundgaard sporting a nice shiner after he and his former girlfriend got into a brief brouhaha on the side of a Valley freeway.

​A Maricopa County Superior Court judge today will consider whether to put a stop to the State Senate ethics hearing over the fight Senator Scott Bundgaard got into with his former gal-pal on the side of a Valley highway last year.

Bundgaard's attorneys have requested that Judge John Buttrick issue a temporary restraining order that would prevent the committee from holding a hearing scheduled for Thursday -- according to the Bundgaard camp, members of the committee have a bias against the senator, and the committee failed to meet a deadline to act on the complaint filed by Bundgaard's Democratic Senate colleague Steve Gallardo.

Bundgaard pleaded no contest in August to a misdemeanor endangerment charge stemming from the February scuffle on the side of State Route 51 with his now ex-girlfriend Aubry Ballard

Initially, Bundgaard was charged with one count each of reckless assault and endangerment for the freeway fracas that resulted in a night in the slammer for Ballard and a shiner for Bundgaard.

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State Senator Scott Bundgaard -- and the shiner he got from his former flame during a February brouhaha on the side of a Valley freeway.

​State Senator Scott Bundgaard probably will avoid jail time for a scuffle he had with his ex-girlfriend earlier this year, but chances are he'll face a Senate ethics probe.

Fellow state Senator Steve Gallardo, a Phoenix Democrat, has filed an ethics complaint against Bundgaard, which should come as a surprise to nobody -- legislators have been discussing putting Bundgaard through the ringer in an ethics investigation for months.

Gallardo's complaint is just that: a complaint. It could potentially (likely) lead to a full investigation of the February 15 freeway fracas.

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Senator Scott Bundgaard -- and the shiner he received during a February scuffle with his now ex-girlfriend Aubry Ballard on the side of a Valley freeway.

​State Senator Scott Bundgaard pleaded no contest this morning to a misdemeanor endangerment charge stemming from a February scuffle on the side of a Valley freeway with his now ex-girlfriend Aubry Ballard

Initially, Bundgaard was charged with one count each of reckless assault and endangerment for the freeway fracas that resulted in a night in the slammer for Ballard and a shiner for Bundgaard.

Bundgaard faced up to 10 months in jail and $3,250 in fines if convicted of the aforementioned charges. However, thanks to the plea deal, the charges were dismissed, and Bundgaard will avoid any jail time if he completes a diversion program within the next 12 months. If he fails to complete the program, he faces five days in jail and 36 months of probation.

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