Arizona Attorney General Mark Brnovich isn’t done with his investigation into the rising costs of college tuition in the state. He is continuing the fight he started in 2017 to get the Arizona Supreme Court to review the Arizona Board of Regents.
Brnovich particularly wants to have a court review of the Board of Regents policies regarding tuition and fees. He recently asked the state Supreme Court to reconsider the dismissal of a lawsuit against the Board of Regents.
“I am committed to fighting for hard-working taxpayers and those seeking higher education," Brnovich said. "It’s a compelling case that could positively impact the lives of so many Arizonans. I hope the Arizona Supreme Court will confirm that the merits of this case should be heard.”
According to language in the Arizona constitution, college tuition in the state for residents should be “as free as possible.” Brnovich says the Board of Regents have increased tuition costs by 300 percent since 2003.
Within the petition, the Attorney General’s Office argues that the state Supreme Court has to bring clarity to whether the office has the ability to file and pursue legal action on behalf of residents of the state. The petition cites a 1956 case, Morrison v. Thomas, where the court ruled that the attorney general may “go to the courts for protection of the rights of the people.”
In 1960, in State Land Dept v. McFate, the court ruled differently. Brnovich, in questioning why his initial lawsuit was dropped, brings up these precedents and the ensuing legal fights for and against both positions.
The court has received the petition but no action has been taken on setting a timetable for a potential hearing over the request.