State Agencies in Limbo: Judge’s Ruling on Hobbs Sparks Leadership Shuffle

Arizona currently lacks permanent directors for 13 state agencies, including the Department of Child Safety and the Department of Gaming, due to an ongoing political feud between Governor Katie Hobbs and Senate Republicans. The situation arose during the 2023 legislative session, where GOP lawmakers alleged that Hobbs’s nominees were overly partisan.

According to Arizona law, the governor must nominate candidates for agency positions, which are then subject to Senate confirmation. However, a committee formed to examine these nominations rejected most of Hobbs’s picks. In response, Hobbs withdrew her nominations, emphasizing her intention to “pursue other lawful avenues for ensuring State government can continue to function,” as stated in her letter to Senate President Warren Peterson.

To navigate this challenge, Hobbs appointed her director of operations as interim head for 12 agencies in need of directors. This move effectively allowed her to sidestep the Senate confirmation requirement by appointing “executive directors.” Subsequently, Peterson and the Senate Republicans responded by filing a lawsuit, citing that Hobbs was not adhering to the law.

In June 2024, a Maricopa County Judge ruled in favor of the Republicans, concluding that the Governor’s actions contravened state laws. Peterson criticized Hobbs for setting a poor example and not following the law, adding that compliance is essential for leadership.

Despite the controversy, political analyst Tom Coughlin noted that essential functions of state agencies have continued under the leadership of deputy directors. However, he emphasized the lack of public accountability that comes with not having established agency directors in place.

Democrats, meanwhile, argue that ongoing services remain intact. Senate Minority Leader Mitzi Epstein asserted that the critical work is being accomplished, emphasizing the importance of outcomes over bureaucratic titles.

On the other hand, Republican lawmakers warn that Hobbs’s actions may open the door to legal challenges against those agency decisions, particularly if disputes arise with private entities regarding the legitimacy of executive actions.

After several months of legal contention, Hobbs has now agreed to revert to legal protocol by seeking Senate confirmations for her nominees. Both political factions recognize the need for a resolution to this deadlock, with Peterson suggesting that competent and bipartisan nominees would facilitate a smoother approval process.

Governor Hobbs did not provide an interview, but her office articulated a commitment to prioritizing the interests of Arizonans over political disputes. The statement indicated that Hobbs aims to restore stability and continuity for vulnerable citizens relying on state services.

As the January 2025 legislative session approaches, Hobbs plans to resubmit her nominations, marking a return to the beginning of the confirmation process.