After nominating individuals for her top administration spots who could not win Senate approval, Governor Katie Hobbs cooked up a work-around. Republican lawmakers sued in response and on Wednesday, a Maricopa County Superior Court judge ruled that Hobbs’ scheme to circumvent the Senate confirmation process for director nominations was unlawful and must be immediately reversed.
Consistent with the United States Constitution and the laws of states across this nation, Arizona law requires its agencies to be led by Senate-confirmed directors, under A.R.S. § 38-211. This requirement exists to preserve the liberties of Arizona’s citizens. Just as the Governor’s veto serves as a check on legislative power, Senate confirmation of agency directors serves as a necessary check on the Governor’s power.
In September of 2023, after a Senate committee recommended a nominee accused of plagiarism not be confirmed, Hobbs sent a letter to Senate President Warren Petersen notifying him that she was going to evade the Senate confirmation process for agency directors, mandated by A.R.S. § 38-211. Under her ill-advised plan, and blessed by Attorney General Mayes, Hobbs withdrew 13 director nominations still pending before the Senate. She then re-installed these same individuals with a fake title of “Executive Deputy Directors.” Based on flimsy legal reasoning, which Hobbs’ own attorney later described as “strange,” Hobbs claimed these fake directors had the same power and authority as Senate-confirmed directors. Hobbs’ antics left Arizona’s critical state agencies in chaos and subject to a host of potential legal challenges, while also creating confusion for the citizens of Arizona, so after months of discussions and Hobbs insisting she was above the law, Senate President Petersen sued Hobbs.
Judge Scott Blaney confirmed Governor Hobbs violated state law with her illegal scheme. Under Judge Blaney’s order, Hobbs must submit nominees to fill the vacancies created by her now-debunked strategy. The court rightly recognized that “the Governor willfully circumvented th[e] statutory process and eliminated the Legislative branch from its oversight role.”
“We’re witnessing a very disturbing trend of our Governor breaking our laws,” said Senate President Warren Petersen. “Contrary to what she may believe, she is not above the law, and the Legislature is fulfilling its role in serving as the constitutional check and balance against her abuse of power. This case is a prime example of Democrats weaponizing Arizona’s government for their own political gain and to implement their radical left agenda. Unfortunately, every decision made by these fake directors on behalf of our state agencies will be under a microscope, opening the door for a myriad of lawsuits. I’m disappointed with our attorney general once again supporting another unlawful order by the Governor, but I’m very pleased with the court’s rightful interpretation of our statutes. I look forward to the Governor’s cooperation so that we may reinstate sanity after this chaotic period she created for the entire state of Arizona.”
RELATED ARTICLES:
Arizona Senate Committee Rejects Hobbs’ Nominee Cullen To Lead Health Department
Petersen Creates Senate Committee To Review Hobbs’ Director Nominations