Apparently, the good folks who run this county don’t have a set of Arizona Revised Statutes.

If they did, Andy Thomas and his top aides wouldn’t be wheeling around town in cars paid for with the public dime.  But that outrageous transgression pales in comparison to what it appears the Maricopa County Board of Supervisors may be contemplating.

As everybody on the planet knows by now, Thomas is making plans to abandon his office in order to seek better digs over at the state AG’s office. To do that, he’ll have to resign by May.

State law allows the Board of Supervisors to then appoint another Republican to replace him.Of course, there is no way the Sups should touch that job, given that two of its five members are under indictment and would essentially be selecting their own prosecutor. Thomas is correct to assert that neutral party (retired Supreme Court Chief Justice Ruth McGregor maybe?) should take over that job.

But even if the supervisors do go against good sense and appearances of a conflict, it seems there may be some private talk under way about how to get around state law – and those pesky people who might want a say in who will run prosecutions in this state for the next two years. Voters, I mean.

In a story this morning, Wade Swanson, the county’s director of general-litigation services, hinted that the supervisors may not be putting Thomas’ job up to a public vote this fall. Here’s an excerpt from the story, by Republic reporters Mike Kiefer and Yvonne Wingett:

“Swanson said county officials are concerned Thomas’ successor would not have enough time to gather thousands of signatures necessary to appear on a ballot. Swanson also confirmed that attorneys are looking at the succession matter but would not release related documents to The Arizona Republic, citing attorney-client privilege. Swanson said contract attorney Tom Irvine has been asked “to find an appropriate expert in this area.”

I don’t know what “an appropriate expert is”.  I do, however, know what the law says.

ARS 16-230. Vacancy in certain state or county offices; election
If a county office becomes vacant, the board of supervisors shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16-311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.

It doesn’t say if a vacancy occurs within the first two years of the term, a primary election can be held.  It says it shall be held.  If Thomas resigns before the date on which nomination petitions must be filed, the supervisors must let voters have their say.

If Swanson believes Thomas is gaming the system to get his own guy in there, well I’m pretty sure the county sups know how to play games, too, with their own guys.

Or, they can do the sane thing and turn this particular appointment over to someone who doesn’t have a dog in this fight.

Now, can I send the county a bill for this studied legal opinion?

Laurie Roberts is a columnist for The Arizona Republic.