Arizonans should be asking the question “Why does Arizona Attorney General Terry Goddard refuse to do his job and represent the State of Arizona in major litigation?” A story in the Arizona Republic, says:
“Officials with Attorney General Terry Goddard’s office said Goddard, the state’s chief lawyer, likely would not defend the state in any lawsuits related to the law. . . .’(Goddard) will likely not be involved in the litigation because of his position in opposition to the bill,’ said Deputy Attorney General Greg Stanton.”
Recognizing that Terry Goddard will represent the State of Arizona only if he agrees with the politics of an issue, the Arizona Legislature passed House Bill 2162 on April 29, 2010, to solve the problem. HB 2162 contains the following provisions:
A. Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law, through December 31, 2010, the attorney general shall act at the direction of the governor in any challenge in a state or federal court to Laws 2010, chapter 113 and any amendments to that law.
B. Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law, through December 31, 2010, the governor may direct counsel other than the attorney general to appear on behalf of this state to defend any challenge to Laws 2010, chapter 113 and any amendments to that law.
If HB 2162 is signed by Arizona Governor Jan Brewer, it will constitute an order from the Arizona legislature that Terry Goddard do his job. Goddard recently refused to represent Arizona in a lawsuit to overturn Obamacare and the legislature passed a law allowing the Governor to hire other legal counsel to represent the state in the lawsuit.
See “Arizona Legislature Passes Bill Authorizing Governor Brewer to Hire Outside Legal Counsel to Do Job Arizona’s Attorney General Will Not Do – Sue to Overturn Obamacare” and “Arizona Attorney General Won’t Challenge Obamacare.”