PHOENIX β The state's high court is not going to decide what is and is not a conflict of interest for members of the Arizona Corporation Commission, at least not now.
Without comment, the justices threw out the petition filed in November by Attorney General Mark Brnovich to have Susan Bitter Smith removed from office. He charged she was ineligible to be elected in 2012 and continued to violate the law because of her outside employment.
But today's action actually is a victory for Brnovich.
While Bitter Smith resigned effective Monday, her attorney actually wanted the court to take up the question and clarify the law. Ed Novak said the fact that nothing would restore his client to the commission is irrelevant.
But Brnovich argued that her resignation made the issue legally moot, meaning there was no reason for the justices to pursue the matter.
Gov. Doug Ducey named former state House Speaker Andy Tobin to serve the balance of Bitter Smith's term which runs through the end of the year. Tobin, who is currently director of the state Department of Insurance and acting director of the Department of Financial Institutions, said he wants a few weeks to finish work at those agencies before being sworn in.
