An Arizona regulator will need the help of his fellow commissioners if he wants representation in a lawsuit filed by the state’s largest utility against him.
Last week, Arizona Public Service sued Corporation Commissioner Bob Burns for what it calls his "unlawful subpoena" of financial records.
Commissioner Burns had initially tried to hire an outside attorney to conduct his investigation into the $3 million dollars in dark money spending on 2014 commission races. It is widely believed that APS and its parent company Pinnacle West were behind the independent expenditures, although the company will neither confirm nor deny that.
The commission voted down the proposed contract last month, calling it, among other things, a "fishing expedition."
So Burns filed the subpoena himself against APS, which in turn sued him alleging it was harassment and a violation of free speech. Now Burns will need the commission to approve the hiring of another attorney to represent him in the suit. According to documents filed by Burns, commission rules prohibit the agency's in-house counsel from representing him.
On Tuesday, Burns told KJZZ he’s "hopeful" to have their support since he came by this lawsuit "in the process of doing his constitutional duty." Chairman Doug Little and others on the commission have not been supportive of the investigation.
Burns has requested a meeting as soon as possible for a vote on the matter. If Burns doesn’t get the approval, he said he may have to look for a lawyer to do it pro bono or another source of funds.
