Arizona Senate president sues Gov. Katie Hobbs over bypassing agency director confirmations

Arizona Senate President Warren Petersen has followed through on his threat to sue Gov. Katie Hobbs over her bypass of a confirmation process for agency directors.

Petersen and the Republican-led state Senate filed a lawsuit in Maricopa County Superior Court on Tuesday against the Democratic governor. The move helps set a tone of divisiveness among state leaders before the new legislative session begins Jan. 8.

The lawsuit alleges Hobbs unlawfully withdrew her picks for 13 agency directors from the Senate's new Committee on Director Nominations "in a fit of political pique." It attacks Hobbs' attempted workaround that redesignated nominated agency heads as "executive deputy directors" who aren't subject to Senate confirmation.

The state Senate wants the court to order Hobbs to comply with the law on confirmations and pay any legal fees the Senate incurs. State law requires that agency directors must be confirmed by the Senate within one year of a governor's appointment.

"Because the Senate is entitled by law to confirm or reject gubernatorial nominees for Agency directorships, the Governor’s refusal to transmit nominations irreparably injures the Senate as a constitutional body," wrote private lawyers Thomas Basile and Kory Langhofer of Statecraft PLLC.

Petersen said two weeks ago he would soon file the suit if negotiations with Hobbs' office didn't lead to a resolution of their dispute. Neither side would say Wednesday why their talks didn't work out.

Petersen said he has no further comments with the lawsuit filed.

Hobbs' spokesman, Christian Slater, released a written statement after the filing that mentioned one of Hobbs' main problems with the confirmation committee: its chair, Sen. Jake Hoffman, R-Queen Creek.

The governor had to change the system for Arizonans, who "want sanity, not chaos caused by radical obstructionists," the statement said. "After Jake Hoffman and the Senate's refusal to meaningfully do their job, Gov. Hobbs took lawful action to fulfill her duties and ensure Arizonans can continue to rely on critical services from state agencies."

Petersen and allied Republican state Treasurer Kimberly Yee, for their part, have said that Hobbs' action is putting the same state services at legal risk by not having lawfully created agency heads.

Petersen created the Committee on Director Nominees this year, naming Hoffman as its leader. Hobbs has demanded that the state Senate go back to the previous system of confirmations using standing committees with institutional knowledge of state agencies.

Hoffman said in his own statement on Wednesday that Hobbs' obstinance on the issue has "made it abundantly clear to voters that Democrats care more about playing petulant political games and throwing temper tantrums than actually governing. Republicans, on the other hand, are committed to creating a government that works for every Arizonan."

'Dropping it pretty soon': Arizona GOP leader poised to sue Hobbs on agency confirmations

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This article originally appeared on Arizona Republic: AZ Senate leader sues governor for bypassing agency head confirmations