By Daniel Stefanski |

A state court delivered a harsh legal reality to the Governor’s Office over a controversial decision to withdraw nominations from Senate consideration.

Maricopa County Superior Court Judge Scott A. Blaney issued a ruling in a lawsuit brought by the Arizona State Senate over Governor Katie Hobbs’ action late last year to withdraw 13 nominees for agency directorships from legislative consideration due to the scrutiny many of her appointees were receiving from Republican lawmakers. Those nominees remained at the head of their respective agencies with the titles of “Executive Deputy Director.”

Judge Blaney concluded that the Governor “has improperly, unilaterally appointed de facto directors for these 13 agencies, [and] must comply with the procedures and deadlines in ARS 38-211 (B) & (C) for appointment of the agency directors.”

In his ruling, Judge Blaney wrote, “It is also not lost on the Court that the Executive Deputy Directors are the same individuals that the Governor previously nominated and forwarded to the Senate for review, but withdrew when she grew frustrated with the Senate…Under Arizona law, directors run the respective administrative agencies and are appointed to their important positions through a statutorily defined process. That process requires oversight by the legislative branch. Here the Governor willfully circumvented that statutory process and eliminated the Legislative branch from its oversight role.”

Judge Blaney also asserted that “if the Court were to agree that the Governor can side-step applicable statutes in this manner to arrive at her desired end state, it would render meaningless [all statutes governing this process].” The judge stated that “the Court therefore cannot arrive at any statutory interpretation that results in elimination of the Senate’s consent role from the statutory scheme.”

Senate President Warren Petersen reacted to the legal news, saying, “We’re witnessing a very disturbing trend of our Governor breaking our laws. 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.”

Petersen added, “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.”

Other Republican Senators chimed in to mark the ruling from the state court. Senator Wendy Rogers wrote, “Do not mess with the Arizona Senate’s role of ADVICE & CONSENT!”

Senator Sine Kerr posted, “Enormous win for the people of Arizona!!”

Judge Blaney ended his ruling by expressing his desire for both the Governor’s Office and Senate Republicans to come together to resolve the matter between them. He wrote, “The Court will set a separate evidentiary hearing or oral argument for a date in late July or early August 2024. This will give these co-equal branches of government an opportunity to meet and confer in an attempt to reach a mutually agreeable resolution of this dispute.”

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