hobbs
Arizona Senate Sues Hobbs Over Her Refusal To Nominate Agency Directors

December 22, 2023

By Daniel Stefanski |

On Tuesday night, it was revealed that the Arizona State Senate had filed a lawsuit in the Maricopa County Superior Court against Governor Katie Hobbs over her refusal “to nominate agency directors, bypassing the Senate’s advice and consent processes.”

The lawsuit asks the Court to declare that the Governor has violated state law and to require her to nominate directors to any of the agencies missing Senate-confirmed heads.

This legal action from Senate Republicans, led by President Warren Petersen, promises to reignite a fiery political saga just weeks from the start of business for the Arizona Legislature.

Senator Wendy Rogers, who appeared to break the news of the lawsuit on “X,” celebrated the filing, highlighting her pride that her Senate Republican colleagues are “committed to upholding the law to protect Arizonans’ liberty.”

In September, Hobbs sent a letter to Petersen, informing him that she would “withdraw all director nominations that remain pending before the Senate and pursue other lawful avenues of ensuring State government can continue to function for Arizonans.” The governor blamed Senate Republicans for not “fulfilling (their) statutory obligations in good faith.”

After receiving Hobbs’ correspondence, Petersen stated that “This move by the Executive Branch showcases another prime example of an elected official who believes they’re already above the law and will go to extreme measures to bypass the requirements of the law when they don’t get their way.” Petersen also warned of the consequences of Hobbs’ unprecedented actions, saying, “Without directors fulfilling these obligations, the legality of every decision made by these state agencies is dubious, and litigation against the state would surely prevail.”

It didn’t take long for Petersen’s warning to come to fruition. One day after his statement, Arizona State Treasurer Kimberly Yee held a Board of Investment Meeting and refused to recognize “employees from the Department of Administration or the Department of Insurance and Financial Institutions as legally participating members.”

Senator Jake Hoffman, the chairman of the committee that was tasked with vetting Hobbs’ nominees, reacted to his chamber’s breaking lawsuit against the governor, telling AZ Free News that the state’s chief executive has “made it abundantly clear to voters that Democrats care more about playing petulant political games and throwing temper tantrums than actually governing.” Hoffman contrasted Hobbs’ efforts with those of his colleagues, noting, “Republicans are committed to creating a government that works for every Arizonan.”

On February 2, Petersen announced the formation of the Senate Committee on Director Nominations, tasking this panel “with gathering information and evaluating qualifications on the governor’s executive appointments in order to recommend a course of action for the Senate to take on each individual.” The Senate President appointed five members to serve on the committee – three Republicans and two Democrats.

Over the next several months, the committee held multiple hearings for Hobbs’ nominees. Although Hobbs was upset that not everyone of her nominees received a passing grade, Petersen reminded observers that the process chosen by the Senate had “approved 70 percent of her nominees,” adding that “we are not a rubber stamp.”

The lawsuit follows increased efforts from Senate Republicans to set the agenda for 2024 in a critical election year for both political parties. The Senate Republicans recently released their Majority Plan, laying out their caucus’s priorities on eleven major categories. Republicans in both chambers also held a press conference this month to announce a plan to “ease the financial burden hitting hardworking Arizonans when they fill their gas tanks…by addressing fuel blend requirements in Arizona.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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