The state of Arizona has filed a lawsuit against a formerly licensed midwife in an effort to prevent her from continuing to provide care to pregnant women and newborns.

Sarah Kankiewicz agreed not to practice midwifery in the state for at least 15 years in a settlement agreement, dated June 13, with the Arizona Department of Health Services. She surrendered her license to avoid revocation after complaints about her care of clients, including a Safford mom and baby who died after complications during a home birth.

ABC15 creates searchable database to help moms choose quality Arizona midwives

In a civil complaint, filed on July 30, the Arizona Department of Health Services said regulators received information in July that Kankiewicz was continuing to act as a midwife. The complaint said she had announced on her Wild Birth Services social media account, “Ever wonder what happens in the state of Arizona when an unlicensed midwife continues to practice? Let’s find out together.”

ADHS regulators accused Kankiewicz of acting as a midwife without a proper license when she sent a compensation agreement to a client and submitted prenatal lab orders for a client after June 13.

The state is asking a Maricopa County judge to issue an injunction preventing Kankiewicz from “delivering a baby or providing health care related to pregnancy, labor, delivery and postpartum care of a mother or an infant.” In addition, the state is requesting she be barred from using any “words, letters, signs, or figures to indicate that the person is a licensed midwife.” A hearing is set for August 16.

Kankiewicz filed an answer to the lawsuit saying she “intend[s] to defend these allegations.” She did not respond to a phone call and text from ABC15 seeking comment.

ADHS initially licensed Kankiewicz in 2020 as a certified professional midwife.

The state moved to revoke Kankiewicz’s license after her client Jordan Terry died and Jordan’s son Mack was stillborn in December. Jordan had planned to have a VBAC, vaginal birth after cesarean delivery, at home. After hours of labor, the mom lost consciousness.

Jordan was taken to a Safford hospital but neither she nor her baby survived. Her cause of death was uterine rupture.

State regulators later found Kankiewicz should never have taken Jordan as a client because her prior C-section had complications. Regulators also found the midwife failed to properly monitor vital signs and dilation and waited too long to call EMS.

The home birth tragedy raised questions about oversight of Arizona midwives and enforcement actions.

Jordan’s family told ABC15 they didn’t know state regulators had found deficiencies in the care Kankiewicz provided during two previous births, and the midwife had been fined five times for failing to turn in reports on time.

Got a news tip? You can reach Melissa by email at melissa.blasius@abc15.com or call 602-803-2506. Follow her on X (formerly Twitter) @MelissaBlasius or Facebook.

An anti-abortion group is hoping the Arizona Supreme Court will step in and block voters in November from deciding whether to amend the state constitution to include a right to abortion.

Arizona Right to Life failed to convince a trial court judge that the campaign for the Arizona Abortion Access Act misled voters who signed their petition to make it on the ballot. After their lawsuit was dismissed on Aug. 6, the group immediately appealed the decision to the high court, asking the justices to overturn the trial judge’s decision and block the measure from being put to voters. 

In both the initial lawsuit and the appeal, attorneys for Arizona Right to Life claim that the 200-word summary shown to Arizonans who signed petition sheets to help the act qualify for the ballot was so unlawfully misleading that it puts all of the signatures into question.

The Arizona Secretary of State’s Office confirmed Monday that the Abortion Access Act had collected enough voter signatures to make it on the ballot. The campaign behind the act, Arizona for Abortion Access, gathered a total of more than 820,000 signatures, and approximately 578,000 were confirmed to be valid, significantly more than the nearly 384,000 it needed to qualify. 

If voters favor the Abortion Access Act, it would guarantee a woman’s right to an abortion up to the point of fetal viability, around 24 weeks of pregnancy. Exceptions to that limit would be allowed if a health care provider determined it was necessary to preserve a patient’s life, physical or mental health.

Jennifer Wright, an attorney for Arizona Right to Life, wrote in the appeal that the summary shown to those who signed the petition was misleading because it contained the phrase “health care provider” while the full text of the act refers to the “treating health care provider” when describing who has the authority to determine that an abortion is necessary beyond fetal viability.

Wright is a former assistant Arizona attorney general who is representing Republican U.S. Senate hopeful Kari Lake in a defamation suit filed against her by Republican Maricopa County Recorder Stephen Richer. She also recently began representing Lake in her suit to overturn the results of the 2022 gubernatorial race that she lost to Democratic Gov. Katie Hobbs. 

Attorneys for the anti-abortion organization claimed that omitting the word “treating” in the summary misled those who signed the Abortion Access petition into thinking that someone other than an abortion provider would decide whether an abortion past the point of fetal viability was warranted. But trial court Judge Melissa Iyer Julian disagreed.

“Reasonable people understand that medical diagnoses and treatment plans are typically determined by the medical provider who is actively treating a patient whose health is at issue,” Julian wrote. “For pregnant patients, this could include the patient’s primary care, obstetrical, or other medical providers, including one who provides abortions.” 

Wright went on to argue that the exception for the mental or physical health of the mother would essentially give a green flag to any abortion, up until birth — an inflammatory and inaccurate claim frequently advanced by abortion foes. 

Wright argued that the summary should include a description of how the Abortion Access Act would impact existing abortion legislation, but Julian disagreed on that point, as well. 

“Concern about the impact this initiative may have on existing abortion regulations is not a ground to compel the initiative’s removal from the ballot. ‘The proper place to argue about the potential impact of an initiative is in the political arena, in speeches, newspaper articles, advertisements and other forums,’” Julian wrote, referencing previous rulings. 

At present, Arizona is under a 15-week gestational ban that will likely be nullified if the act is passed. 

The proposed constitutional amendment also includes a provision stating that “no law, regulation, policy or practice shall be enacted or enforced” that restricts, denies or interferes with the right to receive an abortion either before or after fetal viability. 

Arizona Right to Life claims that this provision, which says that any restrictions put on the procedure should “not infringe on that person’s autonomous decision-making,” essentially bans all regulations on the procedure, including that it be performed by a licensed medical professional. 

“For example, if a woman wants an unlicensed abortion provider to perform an abortion, even someone without medical training, her desire for autonomous decision-making would appear to trump any state interest,” Wright wrote. 

The group also alleged that it would allow abortions to be performed for egregious reasons. 

“At a minimum, this means the State can do nothing to stop the abortion, even if it is being done for the worst eugenic or racist reasons, is being done in a horrific manner that is particularly painful to the prenatal human or is being done at any time up to birth,” Wright wrote. 

Arizona Right to Life was one of several organizations behind the “Decline to Sign” campaign that unsuccessfully sought to persuade voters not to support the Abortion Access Act’s effort to qualify for the November election. 

Dawn Penich, a spokeswoman for the abortion rights initiative’s campaign, told the Arizona Mirror that no one was available Tuesday to comment on the appeal to the Supreme Court. 

But Penich previously criticized Arizona Right to Life for continuing to pursue arguments already rejected by the trial court. 

“This appeal shows yet again that they are willing to do and say anything — no matter how desperate or dishonest — to deprive Arizonans of their right to direct democracy,” she said in an emailed statement after the anti-abortion group said it would appeal the trial court ruling. “We’re hopeful the Arizona Supreme Court will grant us a fair and unbiased review and allow Arizona voters to have their say at the ballot box. Arizona for Abortion Access remains committed to giving Arizona voters the chance to restore and protect our right to access abortion free from government overreach, once and for all.”

Arizona Supreme Court Justice Bill Montgomery, who once accused Planned Parenthood of committing genocide, said he wouldn’t recuse himself from a previous case to decide whether “unborn human being” could be used to describe the abortion rights initiative in an election information pamphlet sent to every voter in the state. 

Arizona for Abortion Access has argued that, because of his opposition to Planned Parenthood and history of using anti-abortion language, he cannot be impartial in rulings regarding the abortion rights measure. 

Montgomery adamantly disagreed, saying that his strong feelings regarding abortion don’t make him biased. 

The Arizona Wildcats football team on Monday was ranked No. 21 in The Associated Press top 25 preseason poll despite entering a new conference with a new head coach. Expectations are high because the roster is led by a foursome of players with NFL-level talent.

ESPN NFL draft analyst Jordan Reid pinned Arizona as an “under-the-radar team to watch” in reference to their potential for prospects taken in the 2025 NFL Draft.

Of the 10 teams featured, Oregon was the only other former Pac-12 member to make the cut.

Reid split the prospect-heavy programs into three tiers based on predicted first-rounders and total draftees expected to enter next year’s draft.

Powerhouses Georgia and Ohio State occupied the top two spots in Tier 1, unsurprising as No. 1 and No. 2 in AP’s preseason poll. They’re expected to produce 16 and 14 projected draft picks, respectively.

In total, Reid expects Arizona to produce two first-round players and four overall picks in 2025.

‘Top prospect to know:’ WR Tetairoa McMillan

McMillan, the 6-foot-5 rising junior, has already been graded with great stock this preseason as a fixture of three All-American teams and a candidate for the Biletnikoff and Maxwell awards.

He capped last season with 90 catches and 1,402 receiving yards while finding the end zone 10 times. The projected 2025 first-rounder also averaged 107.8 yards per game, placing fifth in all the FBS.

Reid compared the Wildcat’s wideout to the Drake London of the Atlanta Falcons due to his overall size and versatility. Though the NFL draft expert currently has McMillan as the second wide receiver going off his board to Luther Burden III of Missouri, Reid said he would not be shocked if the Arizona product went No. 1 like London did just two years ago.

‘Sleeper prospect to watch:’ OL Jonah Savaiinaea

Fellow rising junior Savaiinaea was not a recipient of as much preseason attention as McMillan, but the 2023 All-Pac-12 Honorable Mention has proven enough at such a valuable position.

Reid said pro scouts are torn on whether the 330-pounder projects as a guard or tackle, but the consensus is he will be a top-40 pick.

Savaiinaea started all 13 games for Arizona last season while only allowing two sacks in 889 snaps. He has played both tackle and guard for the Wildcats and Reid said that type of versatility could significantly increase his draft capital.

Other Wildcat standouts

Quarterback Noah Fifita made huge strides in his first season as a starter for Arizona, collecting 2023 Pac-12 Freshman Offensive Player of the Year.

He posted 2,869 passing yards and 25 touchdowns through the air up against only six interceptions. Despite his ability to produce magical plays, Reid said that his smaller size (5-foot-10, 194 pounds) and lack of production in the pocket will limit his ceiling.

Fifita’s 72.4% completion rate in 2023 was the highest in program history, highlighted by a 30-for-41 performance in the Territorial Cup against rival Arizona State in which he tossed for a single-game record 527 yards.

Cornerback Tacario Davis was Reid’s final Wildcat with professional upside. He’s a rising junior who was an 2023 All-Pac-12 Honorable Mention.

Like McMillan, he achieved national notoriety thanks to last year’s campaign, as he finished tied for fourth in pass breakups with 14. Reid credited Davis’ “lanky body structure” for his success and projection as a late first or early second-round pick.

Davis also closed out his sophomore season with a career-high 25 total tackles and appeared in all 13 games.

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