Initial reports of a scramble for appointment to replace Jim Irvin on the Corporation Commission cooled considerably after several individuals said they weren’t interested, and Capitol speculation turned to the possibility of criminal charges being filed against the resigned commissioner.

Mr. Irvin’s letter of resignation was turned in at the Secretary of State’s Office at 4:54 p.m. on Sept. 23.

Kris Mayes, the governor’s spokeswoman, implied that Governor Napolitano may name the replacement early next week but said she is taking her time deciding who she will choose. The state Constitution, which creates the commission, does not specifically require the replacement to be a member of the same party, but state law does, and the governor indicated earlier that she intends to name another Republican.

Speculation focused on Roberta Voss, a former House member who lost to Mr. Irvin in the 2002 Republican primary, and Tom Freestone, a Republican former senator and Maricopa County supervisor who has expressed interest in the appointment.

Others initially mentioned were Tempe Mayor Neil Giuliano, Jack Jewett, a former legislator and member of the Board of Regents, and Peggy Bilsten, a member of the Phoenix City Council. All three told reporters they have no interest in the position.

The resignation ends all work toward a House impeachment of the commissioner, but Special House counsel Melvin McDonald said his investigation of Mr. Irvin has turned up new evidence of possible lawbreaking and he intends to complete his work and issue a report.

Meantime Mr. Irvin, who initially was elected to the commission in 1996 and was re-elected in 2002, said he intends to sue the state to recover his legal costs and to require the state to pay a judgment against him by a federal jury in a civil case.

At the time of his re-election last year, he was in the midst of a federal court trial on a lawsuit brought by Southern Union Co. that charged he had interfered in Southern Union’s proposed purchase of Southwest Gas Co.

In December, shortly after the election, the jury in that federal case decided Mr. Irvin had indeed interfered and ordered him to pay $390,072 in compensatory damages and $60 million in punitive damages.

That’s when the calls for Mr. Irvin’s resignation started, and the chorus grew as time went on.

Commissioners Ask For Resignation In March

Last March, his four fellow commissioners held a press conference at which they revealed they had met with him and asked him to resign and he had refused. The four, all of them former legislators, called on the Legislature to initiate impeachment proceedings.

Mr. McDonald was named special counsel June 27 and launched his investigation into whether Mr. Irvin should be impeached.

As part of his probe, Mr. McDonald secured immunity for Jack Rose, a former executive secretary of the Corporation Commission and a co-defendant in the Southern Union lawsuit, as well as an order compelling Michael Anthony, a lawyer, to answer questions about discussions Mr. Anthony had with Carol Irvin, Mr. Irvin’s wife, regarding documents presented during the Southern Union trial.

Mr. Rose had invoked the Fifth Amendment during the Southern Union trial, and Mr. Anthony had invoked attorney/client privilege. Later Mr. Rose agreed to an out-of-court settlement with Southern Union.

In his pursuit of answers from Mr. Anthony, Mr. McDonald acknowledged that he was looking into the possibility that fraudulent documents had been presented as evidence in the Southern Union trial.

During a Sept. 12 House Judiciary Committee meeting at which the order concerning Mr. Anthony was approved, Rep. Ben Miranda, D-Dist. 16, asked if the order was intended to “force the hand of Irvin to resign.”

Mr. McDonald said no, but in retrospect it seemed to some to have had that effect.

Within a week of the Sept. 12 meeting, there were reports Mr. Irvin was trying to make a deal with House leadership by which he would resign if Mr. McDonald’s report were kept secret.

Flake: No Comment On Settlement Possibilities

Just hours before Mr. Irvin’s letter of resignation was turned in at the Secretary of State’s Office, a House news release quoting Speaker Jake Flake, R-Dist. 5, was distributed to the media.

“There has been a lot of speculation and rumors about a possible settlement with Commissioner Irvin,” Mr. Flake says in the release. “I will not comment or even acknowledge any settlement possibilities. However, I want to be clear with the public on my expectations and principles for the rest of the investigation. The final report produced by our investigator, Judge Melvin McDonald, will be made public. I expect Judge McDonald to complete his report shortly.”

In his letter of resignation, Mr. Irvin said the furor of the past few months had taken its toll.

“The pressure of these last few months has been very difficult for my wife and family,” he said in the letter. “I have remained in office despite this pressure because I believed that to be the will of the people. I cannot continue to hold public office, expend my personal funds in defense of my actions in office, and pursue my claim against the state.”

As his letter was being turned in, Mr. Irvin’s attorneys filed a claim with the state demanding nearly $61 million, including $580,000 in legal fees. Ms. Napolitano had ordered a halt to state payment of Mr. Irvin’s legal fees in March. At that time, the expenses totaled $4.6 million. —