I regret to inform you that at the present time we do not have a sufficient appropriation to pay for additional legal services. Please stop all work as of September 30, 2013. If you continue to work on items in your approved contract agreement, you will be assuming the risk that in the future the Legislature will provide an appropriation to fund additional legal services. [...]
Arizona law is clear that a state employee cannot authorize payments for which there is not an appropriation. (A.R.S. §1-254)By the way, on the subject of Andy Tobin's hubris, it's SO nice to know that the Capitol Times/Yellow Sheet Report(ers) read the Arizona Eagletarian. Of course, when I get insight from them, I tell you that is where I got it (provide the citation).
Nevertheless, after reading on this website that Tobin's intent in the lawsuit seeking to have the AIRC declared unconstitutional could only be to get the issue considered by the Supreme Court (the US Supreme Court that is), they called my source, Loyola law Prof. Justin Leavitt. Of course, I'm thankful that they validated exactly what I posted last week.
I'm still waiting for the Arizona Republic to publish numbers on how much money the legislature has wasted (spent) on litigation challenging the Will of the People of Arizona on redistricting in this cycle (since 2010).
In the meantime, since the state constitution demands the legislature fund the AIRC, including when it must defend its work in court, one might wonder how this particular conundrum might blow up on Tobin, Senate Pres. Andy Biggs and their Appropriations chairs (Sen. Don "shoot 'em up" Shooter and Rep. John Kavanagh).
Since John reads this blog, maybe he'll comment.