The Arizona State Senate, represented by Senate President Warren Petersen, has filed a lawsuit against Gov. Katie Hobbs over her refusal to submit agency director nominations for Senate confirmation.
Following the filing, Sen. Wendy Rogers (R-Flagstaff) expressed pride in the commitment of the Arizona Senate GOP to uphold the law.
“Arizona Senate SUING HOBBS over her refusal to submit agency director nominations for Senate confirmation. AZ law REQUIRES agencies be led by Senate-confirmed directors. Proud my @AZSenateGOP is committed to upholding the law to protect Arizonans’ liberty,” Rogers said on X.
Filed on Dec. 20 in the Superior Court for the State of Arizona in Maricopa County, the legal action centers on Arizona's longstanding tradition, dating back to statehood.
According to this practice, the governor's authority to nominate agency directors is subject to the advice and consent of the Arizona Senate.
The lawsuit contends that Governor Hobbs openly violated this requirement for Senate confirmation.
“In a fit of political pique, the Governor withdrew her nominations for the directorships of thirteen agencies that, by law, must be administered by Senate-confirmed appointees,” the lawsuit alleges.
“The Governor then arranged for the installation of these same individuals as ‘Executive Deputy Directors’ of their respective agencies. These putative ‘Executive Deputy Directors’ purport to indefinitely exercise all the powers of the agency director but have never been confirmed by the Senate.”
Highlighting the unfilled agency director positions, the legal action underscores Governor Hobbs' statement that she will refrain from nominating individuals unless the Senate adjusts its internal confirmation procedures to her satisfaction.
The lawsuit contends that the Governor's conduct breaches a statutory directive, surpasses her legal authority, and neglects a mandatory duty imposed by state law.
The Arizona Senate is pursuing declaratory and mandamus remedies, asserting the court's jurisdiction aligned with the Arizona Constitution and relevant statutes.
Maricopa County is specified as the venue for the proceedings due to Governor Hobbs holding office in this jurisdiction. The legal action highlights the Senate's commitment to enforcing the law and protecting the liberty of Arizonans.
The case has been assigned to the court of Judge Joseph Mikitish.
The plaintiffs are being represented by attorney Kory Langhofer, managing director of Statecraft Law.
In 2016, Langhofer served on the presidential campaign and transition team as counsel for former president Donald Trump.