The Arizona Attorney General, Terry Goddard, who is running for Governor, announced today that he feels compelled to defend Arizona even though he’s against the bill. But he didn’t lift a hand to defend the constitutionality of the OAH bill back in 2008-9, even after having submitted a brief in defense of the statute in an exactly the same prior case. I guess he didn’t believe in an independent tribunal to hear HOA complaints. HB 2428 gave homeowners a more level playing field for adjudication of HOA disputes, without a lawyer, and without having to know the Rules of Civil Procedure, which favored teh experienced attorneys. Perhaps it was the 42% victorieswon by homeowners that was disturbing to the powers that be.
Furthermore, just this past session, the legislature passed HB 2774 which declared that the Attorney General or legislative leaders cannot be compelled to defend the constitutionality of statutes. So why is he now finding it his duty to defend a statute he doesn’t believe in? Oh, he stated today that “It’s his duty.”
I guess Arizona believes in “equal justice under the law” for those the AG chooses. Arizona demonstrates that it is under the rule of man, not law.
See The State of Arizona will not protect buyers of HOA homes! and
Arizona’s new “Take That George!” law: officials don’t have to defend HOA statutes
HOA Constitutional Government 