Here is the text of Corporation Commissioner Jim Irvin’s resignation letter to Secretary of State Jan Brewer. Copies went to Governor Napolitano, House Speaker Jake Flake, Senate President Ken Bennett and Commission Chairman Marc Spitzer.

Dear Secretary Brewer:

I hereby resign my office, effective today, Sept. 23, 2003. In over six years as a Corporation Commissioner, my goal has always been to serve the citizens who elected me. I am proud of my record of protecting the ratepayers. During my tenure, utility costs have remained stable and I have taken very seriously my duty to investigate the companies and people who are given the privilege of participating in a regulated industry. Most recently, I was vocal in my opposition to Qwest’s request to provide long-distance service because of the company’s violations and consumer complaints. I have also called repeated attention to our inadequate utility infrastructure, a weakness highlighted by the recent gasoline crisis. I have, in all circumstances, voted my conscience and I have never put my personal interests before those of my constituents.

The pressure of these last few months has been very difficult for my wife and family. I have remained in office, despite this pressure, because I believed that to be the will of the people.

On March 29, the state abandoned my defense and has wrongfully withheld indemnity. I have been left to defend myself in the appeal of the $60 million judgment in the Southern Union litigation, a judgment that I cannot pay and that the citizens of the State may be forced to pay should Southern Union prevail. Meanwhile, the legislature is helping Southern Union build its case against me. While it seems clear to me that the state has much at risk in this litigation, the state has been blind to this risk. Today, my attorneys will be filing a claim against the state to demand repayment of legal fees and indemnity for acts I undertook while performing my duties as a commissioner, all of which the state should pay.

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. It is with great regret that I resign my office and I wish my constituents the best in the difficult coming months. I will fight my battle and, inevitably, the state’s battle against Southern Union in the courts and allow the legislature to devote their undivided attention to the needs of the people of Arizona. I am confident I will prevail in my fight, protecting myself, my family and the citizens of Arizona against the unreasonable charges brought against me. Most importantly, I hope that the state’s actions in this matter will not discourage other capable candidates from pursuing public office due to fear of betrayal by the state.

Let me reiterate that I have always acted in the best interests of my state and its people. It has been my honor to serve.

Sincerely,

Jim Irvin