PHOENIX (AZ Family) — A Maricopa County Superior Court judge says Gov. Katie Hobbs violated Arizona law when she appointed “de facto directors” to run state agencies without Senate consent. However, the court will not issue an injunction at this time.
At stake is the governor’s battle with the Republican-controlled legislature over her nominees to lead several state departments.
In February 2023, a month after Governor Hobbs was sworn in, the state Senate broke tradition by creating a new committee to vet and confirm her nominees. Several Democrats criticized the move, calling the Senate Director Nominations Committee (DINO) a blatant attempt to paralyze or completely block nominations.
In the days and months that followed, the governor submitted 22 nominations for leadership positions. According to court documents, only 11 nominees received a hearing before the new panel.
Records show one was approved in the DINO committee, but did not receive a vote on the Senate floor. Another candidate was not voted on by the committee or by the full Senate.
Three other candidates were rejected, while the other six were approved by the committee and later confirmed by the full Senate.
Last September, the governor announced that she would withdraw 13 candidates and instead appoint them “deputy executive directors” of various state agencies. Hobbs blamed DINO committee chairman Sen. Jake Hoffman for forcing the decision on him by creating a panel “designed to slow down the nominees.”
Senate President Warren Petersen sued the governor in December, asking the court to declare that she violated state law when she “unilaterally appointed de facto directors” without the consent of the Senate. The Senate also asked the court to declare that the governor must nominate a candidate “in accordance with the procedures” of Senate confirmation and cannot leave a position vacant.
On Wednesday, Judge Scott Blaney issued an “advised ruling,” siding with the state Senate.
“The Governor took a series of actions that, viewed in isolation, arguably complied with certain applicable statutes, but he took those actions for an improper purpose, culminating in an improper result, one that violates Arizona law,” the court wrote. .
The court declined to issue an injunction and will instead schedule a separate evidentiary hearing or oral argument in late July or early August.
“This will give these equal branches of government the opportunity to meet and confer in an attempt to reach a mutually acceptable resolution of this dispute,” the court wrote. “If they are unsuccessful, the Court will hold a brief hearing to consider the evidence and arguments related to the injunction and injunctive relief, including the Governor’s accusations of ‘unclean hands.’”
See the full ruling at the end of this report.
Both sides also issued statements regarding the court’s decision:
“We are witnessing a very worrying trend in which our Governor violates our laws. Contrary to what she may believe, he is not above the law, and the Legislature is fulfilling its role in serving as a constitutional check and balance against his abuse of power. This case is a prime example of how Democrats are weaponizing the Arizona government for their own political gain and to implement their radical left agenda. Unfortunately, every decision these bogus directors make on behalf of our state agencies will be under a microscope, opening the door to countless lawsuits. I am disappointed that our attorney general has once again supported another illegal order from the Governor, but I am very pleased with the court’s correct interpretation of our statutes. “I look forward to the Governor’s cooperation so we can restore sanity after this chaotic period she created for the entire state of Arizona.”
“Arizonans want sanity, not the chaos of accused elector Jake Hoffman’s bogus committee, which he abuses to impose his radical political agenda on Arizonans. Governor Hobbs is ready to work with anyone in the Senate who truly wants to put political games aside and deliver for ordinary Arizonans, and as she has said from day one, she remains open to a fair and timely process for the confirmation of the nominees.
“We believe the ruling is legally incorrect and will appeal it. “As long as the case remains pending, we will continue to ensure that state agencies can perform their vital functions and serve Arizonans.”
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