PHOENIX - Arizona taxpayers have spent nearly $1.3 million on attorneys fighting court orders to do more to help students learn English.
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But that's only part of the cost. State School Superintendent Tom Horne decided to intervene in August 2005, hiring Eric Bistrow, his former legal partner.
And Republican legislative leaders hired their own law firm in January 2006.
Horne said hiring Bistrow was necessary because Lewis & Roca, as directed by Attorney General Terry Goddard, is not fighting efforts by attorney Tim Hogan to force the state to provide more money to teach English to students who come to school speaking other languages.
In fact the state sometimes finds itself on the same side of the legal arguments as Hogan.
For example, Jose Cardenas, managing partner of Lewis & Roca, noted the legislative plan includes a provision which requires schools seeking extra state funds to teach English to first use federal dollars they are getting from other programs. He, like Hogan, said that violates federal law.
And Cardenas agreed with Hogan there is "no justification'' for another provision limiting extra aid for students to two years. "My job is to defend the state law,'' Goddard said. But he said that exists only "to the degree it comports with federal law and the constitution.''
Goddard said he cannot direct Cardenas to defend what he believes is an illegal provision in the law. Horne said Goddard is wrong, which is why it up to Bistrow, whose firm of Burch & Cracchiolo, has been paid more than $415,000 in legal fees since August 2005, to defend the law.
Bistrow's arguments, however, failed to sway Collins earlier this year. The case is now before the 9th U.S. Circuit Court of Appeals.
Senate President Tim Bee said legislative leaders hired their own lawyer last year because their interests are not necessarily aligned with Horne.
House Speaker Jim Weiers said he and Bee also need their own counsel because Hogan is asking Collins to impose new fines. And Weiers said these might be levied personally against the pair.
The legal fees paid so far to Cantelme & Brown since being hired total more than $382,000. But actual costs to date are higher as the last payment was in May.
Legal fees continue to accumulate as the lawsuit, first filed in 1992, remains unresolved.
Federal law requires states to provide an opportunity for all students to learn English. The 2000 court ruling concluded an extra $155 per student in state aid was both insufficient and "arbitrary and capricious.''
Lawmakers have since raised that to $365, a figure that computes to nearly $50 million for the approximately 135,000 students classified as English learners.
Last year they approved a measure to bump that higher, at least temporarily, but then require schools to follow certain pre-approved methods of teaching and charge the state only what those cost. Collins ruled earlier this year that still doesn't comply with the original 2000 order.
He also concluded the requirement to force districts to first use federal funds is illegal, as is the provision limiting the additional aid to just two years per student.
Lewis & Roca
Represents: state and Arizona Board of Education
Retained: September 2001
Paid so far: $491,103
Rates: $175/hour partners; $130/hour associates
Burch & Cracchiolo
Represents: state school superintendent
Retained: August 2005
Paid so far: $415,870
Rates: $210/hour partners; $160/hour associates
Cantelme & Brown
Represents: speaker of House and president of Senate
Retained: January 2006
Paid so far: $382,578
Rates: $325/hour partners; $185/hour associates
- Sources: Arizona Department of Administration,
Arizona Attorney General's Office
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