On Friday, September 5, 2025, Arizona Mirror reported that Tom Horne, the Superintendent of Public Instruction, is seeking the recusal of Arizona Supreme Court Justice Bill Montgomery from a legal challenge involving dual language instruction in schools. The request stems from Montgomery’s past accusations against Horne regarding violations of state campaign finance laws over a decade ago.
Horne’s motion, filed on Wednesday, argues that Montgomery’s previous role as Maricopa County Attorney, where he accused Horne of campaign finance violations, creates a conflict of interest in the current case. Horne aims to enforce stricter regulations on the teaching methods for English Language Learner (ELL) students, specifically those involving parental permission for the use of native languages in classrooms.
The controversy traces back to 2012 when Montgomery’s office received a report from the FBI alleging that Horne, who had recently been elected as Arizona’s Attorney General, had broken campaign finance laws. The investigation revealed that Horne’s aide established an independent committee that spent over $500,000 on an attack advertisement against his political opponent. Following the investigation’s findings, Montgomery publicly accused Horne of illegal coordination with the committee and pursued legal action against him.
Although Montgomery later transferred the case to Yavapai County Attorney Sheila Polk, the Arizona Supreme Court ultimately ruled that Polk had violated Horne’s due process rights. This history has prompted Horne’s legal team to argue that Montgomery should not participate in any decisions regarding Horne’s ongoing lawsuit related to dual language education.
Since taking office in 2023, Horne has been vocal about his opposition to bilingual education and has been working to eliminate programs that allow ELL students to learn in their native languages. The Arizona State Board of Education currently endorses several instructional methods, including a model where students are taught for half the day in their native language and the other half in English. Horne contends that this dual language immersion model violates Proposition 203, a voter-approved initiative mandating English-only instruction.
In response to Horne’s efforts, the Arizona State Board of Education has maintained that it will not alter its approved teaching methods. Following Horne’s threats to defund schools utilizing the dual language model, Attorney General Kris Mayes issued a legal opinion asserting that Horne lacks the authority to take such actions.
Horne’s legal strategy includes suing Mayes, Governor Katie Hobbs, and ten school districts that employ the 50-50 dual language immersion model. However, both a Maricopa County Superior Court judge and an appellate court have ruled against Horne, stating that he does not possess the authority to initiate lawsuits. The courts clarified that the Superintendent’s role involves reporting potential noncompliance with state laws to the Board of Education, which has the power to pursue legal challenges.
Recently, Horne appealed to the Arizona Supreme Court, arguing that the lower courts misinterpreted his authority. The court has yet to decide whether it will hear Horne’s appeal, and Montgomery has not publicly stated whether he will recuse himself from the case, indicating that he will address the motion through the court’s established procedures.
Source: Arizona Mirror
