On Monday, Governor Katie Hobbs essentially admitted that she violated state law when she entered into a consent agreement in a case involving her “scheme to circumvent the Senate confirmation process for director nominations,” according to Senate President Warren Petersen.
Hobbs has agreed to submit new candidates for consideration, as required by law.
Petersen says he spent the last several months working to hold the Governor accountable in the case, Arizona State Senate v. Katie Hobbs.
In September of 2023, after a Senate committee recommended a nominee accused of plagiarism not be confirmed, Hobbs sent a letter to Petersen notifying him that she was going to evade the Senate confirmation process for agency directors, mandated by A.R.S. § 38-211. Under her plan, approved by Attorney General Mayes, Hobbs withdrew 13 director nominations still pending before the Senate. She then re-installed these same individuals with a fake title of “Executive Deputy Directors.”
Hobbs offered what Petersen called “flimsy legal reasoning,” which her own attorney later described as “strange.” Hobbs claimed these fake directors had the same power and authority as Senate-confirmed directors.
After months of discussions, the Governor continued with her plan.
In June of this year, a Superior Court judge confirmed Governor Hobbs violated state law with her illegal scheme and affirmed that state law requires her to submit nominees to fill the supposed “vacancies” created by her now-debunked strategy.
The court recognized that “the Governor willfully circumvented th[e] statutory process and eliminated the Legislative branch from its oversight role.”
Consistent with the United States Constitution and the laws of states across this nation, Arizona law requires its agencies to be led by Senate-confirmed directors, under A.R.S. § 38-211. This requirement exists to preserve the liberties of Arizona’s citizens. Just as the Governor’s veto serves as a check on legislative power, Senate confirmation of agency directors serves as a necessary check on the Governor’s power.
“We continue to see a disturbing trend unfolding, where Democrats are weaponizing the government in an attempt to force unlawful and extreme agendas upon our citizens,” said Petersen. “No elected official is above the law, and the Governor’s manipulative scheme to circumvent Senate confirmation demonstrates the crucial role the Legislature serves in holding the executive accountable against abuses of power. I’m grateful we can move forward from the insanity and chaos our state agencies and our citizens have been experiencing due to the Governor’s actions, and I look forward to reinstating the confirmation process so that we can properly vet director nominations in an effort to ensure only the most qualified candidates are serving in these critical roles.”
