Hobbs Compromises: New Agency Directors on the Horizon After GOP Legal Defeat

Democratic Governor Katie Hobbs has reached a resolution with Republican legislative leaders who previously contested her oversight of state agency appointments. This agreement follows a legal dispute initiated when Hobbs sought to sidestep Senate approval for her director nominations.

Last year, after encountering challenges with a new Republican-led Senate approval committee, Hobbs appointed deputy directors who effectively managed the agencies despite lacking formal Senate confirmation. This move sparked controversy since agency directors typically require Senate approval, while deputy directors do not.

Senate President Warren Petersen filed a lawsuit in December, claiming that Hobbs violated state law by bypassing legislative hearings for her appointees. He sought court intervention to restore the traditional requirement for Senate approval of agency directors.

In defense, Hobbs’ attorney, Andy Gaona, requested dismissal of the case, accusing the Senate of fostering an environment that forced the governor to take alternate actions. He criticized the committee for what he termed “bad faith conduct” that obstructed Hobbs’ constitutional responsibilities.

Judge Scott Blaney ruled in June that Hobbs had improperly appointed acting directors for 13 state agencies. He mandated the governor to negotiate with Petersen regarding new nominations or to face a court hearing.

Following the judge’s ruling, Hobbs appealed to the state Court of Appeals, which declined to hear the case. Subsequently, the agreement between Hobbs and Petersen was formalized and approved by Judge Blaney.

Under the new agreement, Hobbs is required to submit nominations for vacant director positions to the Senate by the first week of the upcoming legislative session in January. The ruling acknowledged that these positions didn’t necessitate immediate nominations due to being vacated outside of the legislative session.

The court noted that the agreement should not imply any judgment on the legality of the interim appointments made by deputy directors. Both Hobbs and Petersen agreed that a one-year timeline for Senate approval of the new nominations will begin upon their submission.

Christian Slater, a representative for Hobbs, stated that the governor prioritized stability and service continuity for Arizonans over ongoing litigation, acknowledging her disagreement with the Senate’s earlier stance.

Petersen criticized the governor’s past actions, emphasizing that no official is above the law, and underscoring the legislative branch’s essential role in overseeing the executive branch.

Both parties agreed to bear their own legal costs following the resolution.