Hobbs Moves Forward with New Agency Directors After GOP Legislative Leaders’ Legal Setback

Democratic Governor Katie Hobbs has reached an agreement with Republican state legislative leaders following a legal dispute over her appointment of state agency directors. This conflict arose last year when Hobbs sought to bypass the Senate confirmation process, which resulted in a lawsuit led by Senate President Warren Petersen.

Hobbs faced significant challenges getting her director nominees approved through the newly formed Republican-controlled Senate approval committee. In response, she appointed deputy directors who effectively functioned as directors, circumventing the requirement for Senate approval of directors.

Petersen’s December lawsuit accused Hobbs of violating state law by sidestepping the legislative process for her appointees. The court was asked to restore the traditional requirement for Senate approval, a practice in place for decades. Hobbs’ attorney, Andy Gaona, argued that the Senate’s tactics forced the governor into bypassing the confirmation process, stating the committee was intentionally delaying nominations.

Gaona emphasized that this behavior hindered Hobbs’ constitutional responsibilities. He noted how the committee pressed nominees on contentious issues that were irrelevant to their qualifications.

In June, Maricopa County Superior Court Judge Scott Blaney ruled against Hobbs, stating she had unilaterally appointed de facto directors for 13 state agencies. He instructed Hobbs to reach an agreement with Petersen or return to court for a further hearing. Following this ruling, Hobbs requested a review from the state Court of Appeals, which declined to intervene.

On Monday, Blaney approved the settlement between Hobbs and Petersen, mandating Hobbs to submit director nominations to the Senate by early January, coinciding with the next regular legislative session. Blaney noted that Hobbs had not adhered to the legal requirements for these appointments. However, because the positions became vacant outside of a legislative session, immediate nominations were not necessary.

The agreement clarifies that it does not comment on the legality of the executive deputy directors already appointed. Additionally, the countdown for Senate approval of new directors will start only after Hobbs submits her nominations.

Christian Slater, a spokesman for Hobbs, stated that the governor prioritized stability for state services amid ongoing political disagreements. “While she disagrees with the Senate on the law,” Slater noted, “this agreement is in the best interest of Arizona, ensuring that crucial services continue for those who rely on them.”

Both parties have agreed to bear their own legal costs. Petersen reflected on the case, asserting that it highlighted the importance of legislative oversight and accountability in government actions. “No elected official is above the law,” he remarked, emphasizing the necessity of maintaining checks and balances within state governance.