The Republican Party expressed concern As it became clear that Arizona Gov. Katie Hobbs was “attempting to circumvent the laws of this state,” the Democratic governor made their concerns a reality, violating the law and unilaterally appointing 13 of her aides to head state agencies.
The judge said so in his ruling Wednesday, suggesting that Hobbs chose to ignore Arizona law because he couldn’t get his way legally.
Unhappy with checks and balances
By lawThe governor’s Cabinet appointees may be appointed only with the consent of the Republican-controlled Arizona Senate.
The Senate Board Nominating Committee, led by state Sen. Jake Hoffman (R) and created last year to “evaluate executive nominations,” rigorously vetted 11 of Hobbs’ 22 nominees, approving seven and rejecting a handful.
Theresa Cullen, a champion of pandemic shutdowns.
“Make no mistake, this is a check on executive power, but that’s exactly what Congress does,” Hoffman said in February 2023.
report Arizona Miller.
“Hobbs is the only person to blame for candidates’ struggle to succeed under actual due diligence.”
Unwilling to endure scrutiny from peer government agencies, Governor Hobbs withdrew his nominations for agency directors last fall, including partisan candidates for the Arizona Department of Economic Security, Department of Child Safety, Department of Housing, Department of Gaming and Department of Administration.
Hoffman called the move a “tantrum” and suggested in a statement that “Hobbs has only one person to blame for candidates’ struggles to succeed under actual due diligence.”
Hobbes
Said “The past nine months have made it clear that the Senate’s process for vetting and confirming agency head nominees has degenerated into a sad display of partisan obstruction,” Arizona Senate President Warren Petersen (R-Ariz.) said in a Sept. 25, 2023 letter.
Hobbs accused Petersen and his colleagues of participating in a “political circus” and demonstrating a lack of willingness to “exercise effective process.”
Democrats then pursued their own invalid proceedings.
Avoiding the law
When Hobbs withdrew his 13 nominees, he denounced the lawmakers who were evaluating his candidates as “extremists.”
I got it. X said he aims to “pursue other lawful means to ensure state government works for the people of Arizona.”
“This move by the executive branch represents another classic example of elected officials believing they are above the law.”
The Democratic governor appointed Ben Henderson as interim head of 12 of the 13 agencies in question, allowing him to appoint the withdrawn candidates as executive deputy heads of each agency, after which Governor Hobbs instructed Henderson to “confirm and approve” the deputies before stepping down as interim heads of each agency.
Hobbs appointed 13 people, all of whom will serve as de facto heads of the agencies on September 25, 2023.
“This executive branch move represents another classic example of elected officials who believe they are above the law and go to extreme measures to ignore legal requirements when they don’t get their way,” Petersen, who ultimately sued Hobbs over the plan, said in a statement. report Arizona Miller.
“The governor deliberately circumvented that legal process.”
Meanwhile, Arizona Attorney General Chris Mays (Democrat) defended Hobbs’ play, saying:
state She said she was “fully within her rights to pursue other legal steps to keep state government functioning and working for the people of Arizona.”
“There is no law that prohibits a governor from withdrawing a nominee for agency head and then reappointing him or her as deputy head of that agency,” Mays added.
Maricopa County Superior Court Judge Scott A. Blaney apparently thought differently.
Hobbs violated Arizona law.
his
Wednesday’s rulingJudge Blaney reiterated that the law requires the consent of the state Senate to appoint a director to each of the 13 agencies, but Hobbs was not interested in that.
“The Governor has deliberately circumvented that statutory process and removed the Legislature from its oversight role,” Blaney wrote.
Blaney ruled that “these ‘executive deputy directors’ are de facto directors who were unilaterally appointed to leadership positions without Senate oversight in violation of Arizona law.”
The court found that the deputy directors enjoy “all the powers and authority of the duly appointed director of their respective agencies,” have the same reporting lines, and “serve as heads of their respective agencies indefinitely at the pleasure of the Governor.”
While acknowledging that the Democratic governor had ignored the law, Blaney declared that state law still requires the governor to legally fill the position, meaning it will go back to the Senate confirmation process.
Another evidentiary hearing is scheduled for next month or August to further consider the issue of Hobbs’ unlawful agency directorship.
State Senator Hoffman
Said “Today, Judge Blaney justly punished Katie Hobbs for her unlawful attempt to circumvent the constitutional checks and balances of the Senate confirmation process,” the Senate said in a statement following Hobbs’ judicial reprimand.
“Now that the court has provided Mr. Hobbs and his staff with some much-needed clarity on the law, I look forward to continuing my confirmation hearings in the near future,” Hoffman continued. “If Katie wants to continue her petty insults against me and play petty political games, that’s fine, but I intend to remain faithful to my obligations to the residents of this great state to ensure we have a sound government that works for all Arizonans.”
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