SOTOMAYOR v. BURNS

No. CV-00-0305-SA.

13 P.3d 1198 (2000)

199 Ariz. 81

Alejandra SOTOMAYOR and Salvador Gabaldon, Petitioners, v. Brenda BURNS, President of the Arizona Senate and Co-Chair of the Legislative Council; Jeff Groscost, Speaker of the Arizona House of Representatives and Chair of the Legislative Council; Representative Lori Daniels, member of the Legislative Council; Representative Herschella Horton, member of the Legislative Council; Representative Marilyn Jarrett, member of the Legislative Council; Representative John Loredo, member of the Legislative Council; Representative Robert McLendon, member of the Legislative Council; Representative Jim Weiers, member of the Legislative Council; Senator Russell Bowers, member of the Legislative Council; Senator Jack Brown, member of the Legislative Council; Senator Chris Cummiskey, member of the Legislative Council; Senator Ann Day, member of the Legislative Council; Senator Darden Hamilton, member of the Legislative Council; Senator Peter Rios, member of the Legislative Council; Betsey Bayless, Secretary of State; all in their official capacities, Respondents-Real Parties in Interest.

Supreme Court of Arizona, In Division.

December 8, 2000.


Attorney(s) appearing for the Case

Mexican American Legal Defense and Educational Fund by Vibiana Andrade, Thomas A. Saenz, Hector O. Villagra, Los Angeles, Attorneys for Petitioners.

Janet A. Napolitano, Attorney General by W. Scott Bales, Joseph A. Kanefield, Phoenix, Attorneys for Respondent Bayless.

Gallagher & Kennedy by John E. Lundin, Jeffrey D. Gross, Phoenix, Attorneys for Respondents Burns and Groscost.

Arizona State Senate by Glenn M. Davis, Phoenix, Attorney for Respondents Rios, Cummiskey, Loredo, and Horton.


OPINION

ZLAKET, Chief Justice.

¶ 1 This special action challenges the Arizona Legislative Council's written analysis of Proposition 203, "English Language Education for Children in Public Schools," for inclusion in the state's voter information pamphlet. Petitioners claim that the Council violated the impartiality requirement of Ariz. Rev.Stat. § 19-124(B) (West Supp.1999) by misstating current bilingual education law; overstating parental rights...

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