In response to Arizona Senate Republicans rejecting one of Democrat Governor Katie Hobbs’ agency candidates last year, the Governor circumvented state law by creating “Executive Deputy Directors” to act as agency heads. She effectively denied the Senate’s constitutional oversight role by creating temporary positions. At least that is the opinion of Maricopa County Superior Court Judge Scott Blaney, who ruled that Hobbs violated state law.

Senate President Warren Petersen (R-LD14), along with Senate Majority Leader Sonny Borelli (R-LD30),  Senate Majority Whip Sine Kerr (R-LD25), and Senate President Pro-Tempore T.J. Shope (R-ld16), filed a suit against Hobbs (Arizona State Senate v. Katie Hobbs), seeking an injunction against the Governor for the practice. On June 5, 2024, Judge Blaney upheld the Senate’s position.

Blaney’s judgment read, “Their indefinite tenure without Senate consent directly violates (Arizona Revised Statutes) which states: ‘In no event shall a nominee serve longer than one year after nomination without consent.” The ruling would force Hobbs to follow the Arizona Constitution, mandating Senate oversight of selecting agency heads.

Hobbs appealed the ruling. Her attorney, Austin Yost, wrote in the appeal, “The superior court’s decision is wrong. Substantively, the superior court’s decision conflates separate statutory schemes governing agency director and deputy director appointments, disregards and makes superfluous the statutes authorizing these deputy director appointments, and ignores the stipulated (and thus undisputed) facts.”

The appeal was denied, with Judge Blaney stipulating that Hobbs and Petersen agree on new agency director appointments. Blaney rejected the initial agreement that Hobbs submitted due to his disagreement with language that “superseded his June 5 ruling.” He then ordered the two parties to submit a modified agreement by August 23, 2024, or face an additional hearing on the matter.

It’s unclear whether the new agreement will be acceptable to the Judge, but Republicans expect that Hobbs will ultimately comply.