By Howard Fischer | Capitol Media Services via Pinal Central
Attorney General Mark Brnovich made a last-ditch effort Thursday to get the legal go-ahead to sue the Arizona Board of Regents over what he claims is its illegal methods of setting tuition at the state’s three universities.
Assistant Attorney General Beau Roysden told the Arizona Supreme Court that his boss has an inherent right to sue and go to court “on behalf of the public interest.” And in this case, that involves Brnovich’s contention that the board is ignoring the constitutional requirement that tuition be set based on the actual cost of providing instruction.
But Brnovich has so far been thwarted in his attempt to make that argument after both a trial judge and the state Court of Appeals ruled he needs either specific statutory authority to sue the regents, which he does not have, or permission of Gov. Doug Ducey, who will not grant it.
So Roysden wants the justices to conclude that the lower courts were wrong and that Brnovich does, in fact, have such inherent power.
