$1.3 million paid to attorneys to fight English-learners case

Arizona taxpayers have spent nearly $1.3 million on attorneys fighting court orders to do more to help students learn English.

And in some cases, the attorneys being paid with state funds are not even on the same side of the legal arguments.

Figures provided by the state Department of Administration show the Attorney General’s Office, which is representing the interests of the state in the legal battle, has paid $491,103 to the firm of Lewis & Roca since September 2001. The state began working with Lewis and Roca one year after a federal judge first ruled that the state was not spending enough money to teach students classified as “English-language learners.”

But that’s only part of the cost of the lengthy court battle.

State School Superintendent Tom Horne decided to intervene in August 2005, hiring Eric Bistrow, his former legal partner. Bistrow works for the law firm Burch & Cracchiolo, which has been paid more than $415,000 in legal fees since August 2005.

Horne said hiring Bistrow was necessary because Lewis & Roca was 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.

And Republican legislative leaders hired their own law firm in January 2006.

Senate President Tim Bee said legislative leaders hired their own lawyer last year because their interests are not necessarily aligned with Horne's.

House Speaker Jim Weiers said he and Bee also need their own counsel because Hogan is asking the judge to impose new fines. And Weiers said these might be levied personally against the pair.

They hired the firm Cantelme & Brown, which has been paid more than $382,000.

Legal fees continue to accumulate as the lawsuit, first filed in 1992, remains unresolved. The case is now before the 9th U.S. Circuit Court of Appeals.

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 insufficient.

Lawmakers have since raised that per-student amount to $365, which comes to nearly $50 million for the approximately 135,000 students classified as English learners.

Last year, they approved a measure to bump that even higher, at least temporarily, but then required schools to follow certain pre-approved methods of teaching and charge the state only what those cost. But the judge 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 only two years per student.

LAW FIRMS HIRED BY THE STATE

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