Attorney General Kris Mayes has refused to comment about oversight concerns with hiring private law firms to represent the State of Arizona, a timely issue given that one firm has been paid $4 million and counting to defend lawsuits involving children placed as wards of the state with a foster father convicted of child molestation.
Mayes has been very vocal since taking office in January about reversing course on many of her predecessor’s litigation positions. This includes interviews and press releases highlighting Mayes’ motivation of “protecting the people” of Arizona.
But Mayes declined last week to comment on a decision by former Attorney General Mark Brnovich to hire a private law firm to represent the State of Arizona in four lawsuits brought by children victimized by David Frodsham of Sierra Vista.
Public record show Rusing, Lopez & Lizardi has billed $4 million since 2017, with the cost rising every month. The victims, in turn, have received nothing except claims by the state that there was no way to know the children would be or were being abused in the Frodsham home.
Under Arizona law, the attorney general is responsible for bringing and defending lawsuits on behalf of the State, as well as providing legal advice to various state agencies.
This is done through a staff of about 400 attorneys and 100 other employees. However, the attorney general’s office has authority to enter into legal services contracts with private law firms, to be paid by taxpayers.
Which is what Brnovich did with Rusing, Lopez & Lizardi in 2017 – and again in 2018, 2020, and 2021 – when the State of Arizona was sued for negligence in placing four children under David Frodsham’s care over several years.
Such legal services contracts raise concerns of how to ensure a private law firm is not incentivized to allow litigation to drag on unnecessarily.
Arizona Daily Independent recently inquired as to what review Mayes’ office has conducted of the four lawsuits, one of which is in U.S. District Court and the others at the Arizona Court of Appeals.
“Our office cannot comment on ongoing litigation,” Communications Director Richie Taylor replied via email.
But Mayes’ office was also asked to address the attorney general’s position on the use of outside counsel and of the public concern that private law firms may not be motivated to settle cases when taxpayers are footing the bill.
The email response from Taylor ignored those general questions.
David Frodsham is serving a 17-year prison sentence as part of a plea deal to resolve criminal charges filed in 2016 involving the abuse of Ryan Frodsham. Two other men, including a then-active duty soldier, were also sent to prison for molesting the boy with the knowledge of the father.
A Cochise County judge ruled last year there was no liability on the part of the State of Arizona for the abuse suffered by Ryan Frodsham, despite more than 36 police reports about various abuse and misconduct in the household prior to 2016. Rusing, Lopez & Lizardi has billed taxpayers more than $2.4 million through the end of March in the case.
A Pima County judge made a similar immunity ruling in a lawsuit filed in 2017 involving horrific abuse suffered by a young girl referred to in court documents as Jane “Devani” Doe. Rusing, Lopez & Lizardi has billed more than $975,000 to defend the State in that case.
There has also been more than $290,000 paid to the law firm to defend against claims made by Neal Taylor, another Frodsham foster child. The Arizona Court of Appeals ruled last week that Taylor waited too long to file his lawsuit, but the decision does not address the merits of the claims against state employees.
Trever Frodsham, Ryan’s younger brother, sued the State in 2021 after turning 18. His case, which alleges many of the same facts as Ryan’s case, has netted Rusing, Lopez & Lizardi fees of nearly $200,000 through the end of April.
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