Court Finds Hobbs Violated Law By Dodging Senate Confirmation Process For Director Nominees

hobbs
Governor Katie Hobbs

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

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20 Comments

  1. Rudy Giuliani was served by two agents from Mays’ office last Friday at his 80 the birthday party. Mays wasting our taxpayer money again.

  2. Hobbs feels no responsibility to Arizonans and demonstrates a continuing contempt for the Arizona State Constitution. And Mayes as well as Fontes (working for the most part under the radar of scrutiny) are just as bad working against liberty and rights of Arizonans. We watched Biden brazenly admit that the SCOTUS ruled against his attempt to exercise authority he didn’t have and forgive federally funded student loans. He indicated the court ruled against him BUT IT DIDN’T STOP ME (feb 2024 SOU). Our founding fathers experienced tyranny and created our nation’s Constitution. But they never figured on elected leaders ignoring their Constitutional authority. Taking action without proper authority from WE citizens as defined in our state or national Constitution is a POWER GRAB more associated with authoritarian regimes and dictatorships. It is unAmerican. Watch what the left has these elected elites try to do next.

  3. I’m not that surprised. After all, Hobbs cheated her way into the Governor’s office in the first place. Once a cheat, always a cheat.
    So, NOW can we impeach/recall her??? 🤔

    • You’re kidding right? The no nads legislature won’t do anything and remember if the did Fontes would be Gov

  4. Thank you Judge Scott Blaney for being a good judge who follows the law.

    • Some did vote for this POS governor, but most did not – the 2020 AZ election was rigged just as the Federal election was. Backing the elctorate into a corner with Mays and Fontes, et al,as the fallbacks, was the Dem strategy and it worked.

  5. Needless to say, she needs to be removed from office, as does our attorney general and a few others.

  6. No one is above the law. Thank you Senate President Warren Petersen, we need more people who are not intimidated. The attorney general is asleep at the wheel somewhere.

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