by Daniel Stefanski | Jun 7, 2024 | News
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.
by Daniel Stefanski | Jun 7, 2024 | News
By Daniel Stefanski |
Arizona legislative Republicans are readying the wheels of accountability and oversight after a bombshell report concerning a state department under the governor’s purview.
This week, the Arizona Republic reported on the Arizona Department of Child Safety “approv[ing] what amounts to a nearly 60% increase in the rate that Sunshine Residential Homes Inc. charges to care for a child for a day, meaning potentially millions of dollars more going to the company at taxpayers’ expense.” This action was taken as “DCS has denied pay increases to home operators and cut loose 16 providers during the contract renewal process.” The Republic asserted that “no other standard group home provider was approved for any rate increase during Hobbs’ tenure.”
The report highlighted that this organization “has undertaken a new six-figure spending campaign benefiting Hobbs and Democratic politics in Arizona.” According to a release issued by Senate Republicans, the donations from Sunshine Residential Homes totaled “approximately $400,000, going towards the Arizona Democratic Party, Hobbs gubernatorial campaign, as well as her inauguration fund.” The Republic also stated that Sunshine’s CEO “was on Hobbs’ inaugural committee.”
Senate President Warren Petersen vowed to hold the Governor’s Office accountable for this action from DCS. He wrote, “Arizonans deserve to know how their elected officials are spending their money, and this case raises a major red flag with what’s happening behind closed doors on the ninth floor. With the state in the middle of a budget shortfall, and with what appears to be a pay-for-play scheme now exposed, the Legislature has a lot of questions we will be seeking answers to from both the Governor’s office and DCS. Our citizens deserve better. Rest assured, we will continue to serve Arizonans as the check and balance against any abuse of power displayed by our Executive and the agencies under her administration.”
Former State Legislator David Lujan serves as the Cabinet Executive Officer of DCS. He was not confirmed by the Arizona Senate to serve as a “director” after Hobbs pulled his name – and many others – from the nomination process after several of her appointments faced intense scrutiny by Republicans in that legislative body.
“This is a disgusting abuse of taxpayer dollars to further her political career, and our hardworking citizens deserve answers as to how she got away with this,” said Senate President Pro Tempore T.J. Shope, Chairman of the Senate Committee on Health & Human Services. “Knowing Arizona’s Governor and the Arizona Democratic Party are providing preferential treatment to a facility alleged to have engaged in negligence leading to the death of a child is unconscionable. Our children are our most precious population, and the state should be doing everything in its power to discourage abuse and neglect, not reward it. How can we trust Hobbs, Democrats, and DCS after these disgraceful transactions that wreak of corruption? This is a prime example of why I sponsored SB 1571. The public has a right to know who is donating to Hobbs, and what favors those entities are receiving in return.”
SB 1571 “instructs candidate committees for statewide candidates to file campaign finance reports during each calendar quarter comprising the forty-eight-month period before the general election,” according to the overview from the Arizona House of Representatives. After receiving overwhelmingly bipartisan support in both the state House and Senate, it was signed into law by Hobbs in April.
Arizona State Treasurer Kimberly Yee weighed in on the shocking news from the Hobbs’ administration, saying, “This is highly concerning and raises more questions than it answers. ‘Pay to Play’ and special favors have no place in state government.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 6, 2024 | News
By Daniel Stefanski |
Arizona Republican legislators continue to stand up in defense of the rule of law in the absence of the Democrat attorney general.
Late last month, the Arizona Legislature, led by Senate President Warren Petersen and House Speaker Ben Toma, signed onto a petition to the U.S. Supreme Court in Smith & Wesson Brand, Inc. v. Mexico. The Second Amendment-related petition was led by the State of Montana and joined by a number of other states from around the country.
In a statement for the Arizona Senate Republicans weekly newsletter, Senator Frank Carroll addressed the latest action in federal court for state legislators, writing, “In a federal lawsuit, Mexico is trying to blame American gun manufacturers for cartel violence, instead of their own government’s negligent policies. California and other blue states, along with anti-gun activists, are working to support Mexico’s efforts in an attempt to put gun manufacturers out of business. We recently joined 26 states to urge the U.S. Supreme Court to weigh in on this case.
Carroll added, “A foreign nation has no business using our court system to try to limit the rights of our citizens, yet that’s exactly what’s occurring with this $10 billion lawsuit. The bipartisan Protection of Lawful Commerce in Arms Act (PLCAA) prohibits civil liability actions from being brought against manufacturers for damages resulting from the misuse of their products. It was enacted nearly a decade ago for a reason. The fact that this case was revived after being previously dismissed is a threat to our Second Amendment rights, and has the potential to set a dangerous precedent moving forward, which is why we’re fighting for the highest court to weigh in.”
The coalition of states argue in the brief that the “PLCAA is part of a carefully calibrated regulatory scheme in which Congress – not just the judiciary – regulates the firearms industry, [that] the Court should grant the petition to enforce PLCAA and definitely address the scope of its exceptions, [and that] Mexico’s sovereign power undercuts any claim of proximate causation.”
This action from the Petersen and Toma-led Arizona Legislature is one of a growing number of instances where the Republican lawmakers have led their own challenges or joined other attorneys general in legal filings in federal court. Both the Arizona Senate and House have prioritized these actions over the past year with Democrats in the Governor’s and Attorney General’s Offices.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 5, 2024 | News
By Daniel Stefanski |
Arizona voters will have the opportunity to empower local law enforcement to better secure their communities after the state legislature sent a measure to the November ballot.
On Tuesday, the Arizona House of Representatives passed HCR 2060, the Secure the Border Act, sending the proposal to the November General Election ballot. The vote was entirely along party lines.
House Speaker Ben Toma, who sponsored the original version of the ballot referral earlier this year, lauded the progress of the measure. Toma said, “Arizonans have had enough and want change. They want safe communities and a secure border. House Republicans do too. That’s why we crafted HCR 2060, the Secure the Border Act, a ballot referral with meaningful reforms to protect the integrity of Arizona’s workforce, strengthen criminal laws, and reinforce the rule of law in this state. Today’s final passage sends this Act to the ballot this November, so the will of Arizona voters is heard.”
The state House gallery was closed during the debate and subsequent vote for the bill, and Democrats made sure their displeasure was known. State Representative Alma Hernandez said, “Shameful. This is the people’s house. The public should have the right to be there. I don’t remember the last time I was here in the past six years when the gallery was closed to the public. They do not want the public watching. If they were so proud of the bill we are going to vote on today, there would be no reason to close down the gallery.”
The Arizona House Republicans Caucus “X” account responded to the accusations, writing, “Due to security concerns prompted by the shameful and illegally disruptive conduct by Democrats and their leftist allies, the House gallery is not open today. However, anyone who wants to come down to the House of Representatives and watch democracy live in action is welcome and the lights are on.”
During final consideration of HCR 2060 in the Arizona Senate last month, a group of protestors disrupted the legislative process with their shouting against the measure, forcing security to remove them from the gallery.
Arizona Senate Republicans also cheered on their colleagues in the other chamber for approving of this border-related ballot measure. After the vote, Senate President Warren Petersen and other Senators issued statements of support for the House’s action to send HCR 2060 to Arizona voters in November. Petersen said, “In the 12 years I’ve served here at the Arizona Legislature, never has the border crisis been as dangerously severe as it is now, costing Arizona taxpayers more than $3 billion in 2023 alone. As soon as Joe Biden took office, he rolled out the welcome mat for illegal crossings and criminal activity. Now, just months away from an election, he issues yet another executive order so that we’ll all of a sudden believe he cares about the chaos he’s constructed. The citizens of this state aren’t buying it, and they will take border security matters into their own hands this November.”
Democrat Governor Katie Hobbs, however, was not pleased with the result. In a series of posts on her official “X” account, Hobbs said, “As I’ve said time and time again: HCR 2060 will hurt Arizona businesses, send jobs out of state, make it more difficult for law enforcement to do their jobs, and bust the state’s budget. It will not secure our border. I have listened to the needs of border law enforcement and have done everything in my power to support their efforts to maintain a safe, secure, and humane border. What’s clear from my conversations with law enforcement on the ground is that HCR 2060 is not the answer.”
Attorney General Kris Mayes, also a Democrat, echoed Hobbs’ sentiments about the measure, stating, “Further straining law enforcement resources while implementing a measure that could lead to racial profiling is not the answer to creating safer communities. HCR 2060 is a political distraction that will sow seeds of bias and fear without fixing the issues it claims to address.”
The top political party organizations in Arizona also took opposing sides on HCR 2060. The Republican Party of Arizona posted, “It’s long past time to protect our communities, secure our borders, and give Arizonans a voice.”
The Arizona Democratic Party countered with their own reaction to the passage of the measure, writing, “Today, Republicans again voted to bring back SB 1070 era immigration politics by introducing a ballot referral that mirrors a Texas Law allowing local law enforcement to racially profile people.”
The efforts from Arizona legislators to send this referral to state voters comes months after Governor Katie Hobbs vetoed SB 1231, the Arizona Border Invasion Act, which would have “ma[de] it unlawful for a person who is an alien (unlawful immigrant) to enter Arizona from a foreign nation at any location other than a lawful port of entry and outline[d] penalties for violations of illegally entering Arizona and provide[d] immunity from civil liability and indemnification for state and local government officials, employees and contractors who enforce this prohibition” – according to the purpose from the state Senate.
Senator Janae Shamp, the sponsor of SB 1231, had vowed in the aftermath of the governor’s veto that members of her party would continue to push forward solutions to combat the border crisis. This week, Shamp took a victory lap after the state House gave the green light to HCR 2060, stating, “The time has come to empower Arizonans to fight back against the tyranny. I wholeheartedly believe the Secure the Border Act will save countless lives, save billions in taxpayer dollars, and strengthen our national security. We must stop the invasion now, otherwise, our beloved Arizona as we know it will be no more.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 5, 2024 | Economy, News
By Daniel Stefanski |
Arizona legislative Republicans are seeking to bring economic relief to many of their constituents who are struggling to make ends meet.
Over the weekend, Arizona Senate President Warren Petersen issued a statement about the harsh economic circumstances faced by thousands of Arizonans – and countless more around the nation. Petersen said, “Crippling prices on basic necessities continue to wreak havoc on hardworking Arizonans. Sadly, this will remain the case while the Biden Administration continues to enact costly policies, and while Washington D.C. continues its out of control spending spree.”
The Republican Senate President pointed to a study from a local thinktank, which proved his point about the current state of the economy, as compared to years earlier, writing, “According to a recent report from the Common Sense Institute, the average family would have saved approximately $8,400 annually over the past three years, if inflation remained at the Federal Reserve’s 2% goal. In comparison to 2020, rent for a two-bedroom apartment is now 30% higher, a tank of gas is $24 dollars more, and a month’s worth of groceries for a family of four is $302 higher!”
The report also showed that “real wages in Arizona have fallen 1% since peaking in April 2020.”
As he ended his statement about the economic woes across the state and country, Petersen said, “Senate Republicans provided families some relief with a tax rebate last year, and by also eliminating the tax renters pay on their monthly bill. We are committed to doing more to ease these burdens, while Democrats, unfortunately, ignore the problem.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
