BAND OF BROTHERS: Fmr AZ AG's Side With Brnovich In (Part Of) His Battle With Board of Regents

Four of Arizona's former Attorneys General have banded together to support current AG Mark Brnovich in part of his battle with the state's public universities; they have urged the Arizona Supreme Court to allow the AG to challenge the constitutionality of tuition increases over the past several years.

The Supreme Court is trying to decide whether to accept the AG's appeal, and last week continued its deliberations.

Initiated by former AG Terry Goddard, the amicus brief (posted below) argues that if the Justices do not overrule a 60-year old precedent (McFate) and permit the AG to challenge the Arizona Board of Regents, then the state constitution's "requirement that public university education 'shall be as nearly free as possible' could be rendered meaningless, or, at the least, unenforced and ignored."

In addition to Goddard, the brief is signed by former AG's Tom Horne, Bob Corbin and Jack LaSota. The only two living Arizona AG's who did not sign on are Grant Woods and Janet Napolitano.

The unprecedented effort came about after Goddard spoke about the challenge on KJZZ last August, and then published an opinion piece in the Arizona Republic. According to Brnovich spokesman Ryan Anderson, "it all just kind of came together." He added that "people know each other socially and after the Goddard/KJZZ appearance and the follow up op-ed, former AG's started talking about lending their public support to the effort to overturn McFate. When we first came into office, I recall speaking with former staff that this was something Horne thought needed to be addressed."

Under Arizona's Constitution, the Governor appoints the members of the Board of Regents. Current Governor Doug Ducey declined to support this current action against the Board. Anderson noted that former Governor Jan Brewer agreed to become the plaintiff in a Horne-brought suit against the Maricopa Community College District (regarding in-state tuition for DACA students), which removed the district's argument that the AG could not bring the suit.

It was in 1960 that the Arizona Supreme Court decided that the Attorney General could not challenge the State Land Commissioner (while commending the AG for "his vigilance and public spiritedness".

The current Arizona Supreme Court will again consider the former Attorneys General support of their current brother on February 11.

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