PHOENIX — Attorney General Kris Mayes won’t fight a request by the governor and lawmakers to have her office pay their legal fees in her unsuccessful fight over opioid funds.
Mayes expected Democratic Gov. Katie Hobbs and Republican legislative leaders to seek reimbursement after she failed to convince a judge to halt the transfer of $115 million from a court settlement, AG spokesman Richie Taylor said Monday. Mayes, rather than pursue the matter further, chose to dismiss her lawsuit.
But Taylor noted that while the attorneys involved have requested fees, they haven’t said so far how much they believe their time and effort is worth. Only if the amount sought is “exorbitant” will Mayes object, he said.
The legal fees are the lone issue remaining in Mayes’ contention that the money, part of $1.14 billion the state and local governments will receive over 18 years, are off-limits to legislators. She claimed the governor and lawmakers are simply using the dollars to plug a hole in the state budget.
That argument was rejected last week by Maricopa County Superior Court Judge John Hannah, who questioned whether the attorney general has the power to ignore the budgetary mandate in state law.
Anyway, he said, there is no evidence at this point that the plan to give the money to the Department of Corrections, Rehabilitation and Reentry violates terms of the settlement with opioid manufacturers, distributors and pharmacies that the funds must be used to deal with damages caused by drug addiction.
It isn’t simply that the governor and legislative leaders won, and Mayes lost, that entitles their attorneys to legal fees. They take the position that Mayes’ claims were “without substantial justification.” They said that’s a separate justification for costs and fees.
The judge has not yet set a date to hear arguments on how much Mayes’ office will have to pay.
Get your morning recap of today's local news and read the full stories here: tucne.ws/morning
