An attorney for Gov. Katie Hobbs is seeking special action from the state Court of Appeals to consider whether Hobbs acted illegally when she sidestepped Senate confirmations for her director appointees.
Attorney Andrew Gaona says a ruling would set the precedent for future governors.
Last year, Hobbs’s nominations for agency directors were stalled as the Senate created a new process for their confirmations.
Hobbs then attempted to use a loophole by installing them under “executive deputy director” titles. A Maricopa County Superior Court judge ruled that move was illegal.
In Gaona’s filing, he said the judge created confusion about whether those appointees have any authority under their titles, and now requires immediate action from the Court of Appeals.
An attorney for Senate President Warren Petersen argues there should be no immediate move, as the Superior Court judge has not yet ordered Hobbs to do anything.