By Daniel Stefanski |
Arizona Republicans won a significant victory over the state’s Democrat attorney general in state court over a funding dispute for the recently approved budget.
Earlier this week, a Maricopa County Superior Court Judge ruled in favor of Republicans’ arguments after Attorney General Kris Mayes sued over a funding mechanism set in motion by the new budget that was negotiated by the state legislature and Governor Katie Hobbs.
Attorney General Mayes had filed suit after officials transferred $115 million in opioid settlement dollars to close funding shortfalls in the state’s appropriations.
“This was a frivolous case brought by the Attorney General,” said Arizona Senate President Warren Petersen. “Facts matter. Laws matter. And our taxpayers are best served when our elected officials uphold the rule of law. Once again, I’m grateful we have checks and balances in place to ensure this principle is followed.”
House Speaker Ben Toma said, “I’m pleased with the judge’s decision to dissolve the temporary restraining order, which AG Mayes wrongly sought. Now the funds will be lawfully spent by the Department of Corrections, as intended in the budget and to help individuals impacted by opioids.”
Previously, Petersen and Toma submitted a brief to the court, where they wrote, “Plaintiff Kris Mayes has no constitutional or statutory authority to unilaterally deploy attorneys to disrupt Arizona’s constitutionally mandated budgetary and legislative process – pursuant to which the Legislature and Governor develop public policy and institute a fiscal scheme to ensure those policies are carried out. Yet here, the Attorney General improperly seeks to use the judiciary as a tool to effectuate her unilateral dissatisfaction with the public policy decision made by the Legislature and Governor in the most recent general appropriations act, HB 2897 and the carrying out of other statutorily authorized duties.”
The Republicans explained that the opioid funds under dispute “are only to be transferred from one governmental account to another,” and that “the bill expressly limits the appropriated funds to Approved Purposes.”
The ruling from Judge Hannah overturned a temporary victory for Mayes last week, when a court commissioner had granted her office a temporary restraining order over the actions from the legislature and governor. In reacting to the previous decision, Mayes said, “The decision by the Governor and the Legislature to sweep opioid settlement funds to backfill budget deficits is illegal, and today I asked the court for an injunction to stop the transfer of these funds. In their rush to end the session, GOP leaders and the Governor ignored other viable options to balance the budget, such as utilizing the rainy-day fund, which has now reached approximately $1.4 billion. This is outrageous.”
Mayes added, “Every Arizonan should ask why the opioid funds were not protected and used to support our communities and prevent opioid use as intended. This decision violates the settlement agreements, and I am determined to stop it. That’s why I made the difficult decision to sue over this issue. This is too important, with too many lives at risk, to get wrong.”
This is the second year in a row that Mayes has been on the losing end of the state’s budget process. Last year, the second-year attorney general sent a letter to Governor Hobbs and the Arizona Legislature, expressing her alarm for the “Legislature sweeping the authority of the Attorney General to direct funds received through consent judgments against several pharmaceutical companies for their roles in the opioid crisis.”
She warned, “Sweeping this authority from the Attorney General would be a breach of the consent judgments, and as Attorney General I will not stand by and allow this to happen. I fully intend to consult with the Legislature as the judgments dictate. Any proposal that contradicts this provision by having the Legislature instead direct how the state funds will be used is not acceptable, and I am prepared to go to court to ensure that the State is able to obtain and properly direct those funds for opioid treatment, prevention and education if warranted.”
Republican State Representative David Livingston sent Mayes a letter in response to her 2023 threat, pointing out that the Legislature does, in fact, have a say in how the funds are used. He wrote, “Attorney General Mayes should learn the facts first, and accurately convey those facts in committee hearings, before making demands and threats to sue the Legislature and the Governor over the budget.”
Both the governor and Republicans in the Arizona Legislature have additional history with Mayes than at the point of last year’s episode, that may lend more toxicity to actions by all the parties involved in this political battle. Earlier this spring, Mayes secured indictments of two Republican State Senators over certain efforts undertaken in the aftermath of the 2020 General Election. Also, Mayes has been extremely vocal in attempting to lead an investigation of the Governor’s Office over allegations of impropriety and / or unlawful behavior from one of her state agencies.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
