Tom Horne

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For other people named Thomas Horne, see Thomas Horne (disambiguation).
Tom Horne
Tom Horne by Gage Skidmore.jpg
25th Arizona Attorney General
Incumbent
Assumed office
January 3, 2011
Preceded by Terry Goddard
Arizona Superintendent of Public Instruction
In office
January 1, 2003 – January 1, 2011
Preceded by Jaime Molera
Succeeded by John Huppenthal
Personal details
Born (1945-03-28) March 28, 1945 (age 69)
Montreal, Quebec, Canada
Political party Republican
Spouse(s) Marty[1]
Children Susan, Mary, David, and Mark[1]
Residence Arizona
Religion Jewish[citation needed]

Thomas Charles "Tom" Horne (born March 28, 1945)[1] is the current Arizona Attorney General ("AG"). He served as the Arizona Department of Education Superintendent of Public Instruction from 2003 to 2011.[2]

Early Life and Education[edit]

Horne is a graduate of Harvard College (1967) and Harvard Law School (1970).[2][3]

During his 30 years of law practice, Horne served as Special Assistant Attorney General and a Judge Pro Tem in Maricopa County Superior Court and Arizona Court of Appeals.[4] Horne served as a teacher of Legal Writing at Sandra Day O'Connor College of Law and is the author a legal text on construction law published by the State Bar of Arizona.[5] He is peer-rated 5/5.0 (AV Preeminent) by Martindale-Hubbell.[6]

Arizona House of Representatives[edit]

Horne served in the Arizona House of Representatives from 1997 until 2001.[7] He chaired the Academic Accountability Committee and served as vice-chair of the Education Committee.[8]

State Superintendent of Public Instruction[edit]

Horne served as the elected Superintendent of Public Instruction from 2003-2011.[citation needed]

Among his earliest acts in office was to push for a strengthening of Arizona’s social studies standards so that instruction on topics such as the United States Constitution, Declaration of Independence, and the Greco-Roman basis of western civilization would be emphasized not only in elementary grades, but reiterated at later grade levels.[citation needed][9]

Horne also made a priority of enforcement of Arizona’s voter-approved law mandating that English be the language of classroom instruction (with the exception of foreign language classes).[10][unreliable source?]

He also pushed for nutritional standards that removed junk food from schools in the elementary grades and created incentives for secondary schools to do so on a voluntary basis.[citation needed][11]

Testing protocols were also significantly changed during Horne’s administration. He oversaw the development of a dual-purpose assessment that was unique in combining assessments on both state and nationally-defined standards. This cut standardized testing time in half, restoring that time to classroom instruction.[citation needed][12]

Controversy arose when Horne sought to address curriculum matters as they related to racially-based studies.[citation needed] Horne was alerted to a race-based program in the Tucson Unified School District and, based on a review of the curriculum, championed a law to address the problems these materials presented.[citation needed] A state law was passed that prohibited curricula that either: 1) Promote the overthrow of the United States government. 2) Promote resentment toward a race or class of people. 3) Are designed primarily for pupils of a particular ethnic group. 4) Advocate ethnic solidarity instead of the treatment of pupils as individuals.[13]

In his final act as Superintendent Horne found the Tucson district’s Ethnic Studies program, specifically the Mexican American (Raza) Studies component, to be out of compliance with this law.[14]

Horne was also successful in implementing the Arizona Instrument to Measure Success (AIMS) test, which was approved by the legislature in the 1990s, but did not go into effect until 2006.[citation needed] Despite some controversy over the requirement that students pass the test before graduating high school, the test is now an accepted part of the state education system.[citation needed] Horne created an incentive program whereby students who exceed standards on the AIMS test and meet other criteria receive tuition scholarships to Arizona’s public universities.[15]

Attorney General[edit]

On November 2, 2010, Horne defeated Felecia Rotellini in the race for Arizona Attorney General in the 2010 elections.

Controversies[edit]

Securities Law Violations[edit]

Horne was the president of T.C. Horne & Co., an investment firm he founded in the late 1960s. After the firm went bankrupt in 1970, Horne received a lifetime trading ban from the Securities and Exchange Commission.[16] The 1973 SEC report alleged that as president of T.C. Horne & Co, Horne "among other things, violated the record-keeping, anti-fraud, and broker-dealer net capital provisions of the federal securities laws and filed false financial reports with the commission." Horne stipulated to an SEC finding that he and his firm "willfully aided and abetted" in violations of securities laws.[16]

Office Affair and Whistleblower Investigation[edit]

In July, 2011, the Phoenix New Times broke a story about a woman who had been hired by Horne to a senior position at the Arizona Attorney General's office, despite her not having a license to practice law, and alleging that Horne and the woman were carrying on an affair.[17] When the New Times reporter filed a Freedom of Information Act request for public records regarding the woman's hiring, Horne launched a confidential internal investigation to find the whistleblower who had leaked information regarding the woman to the media.[18]

As part of that investigation, Horne assigned members of his staff to spend months looking into the matter, and spoke about having his employees' phone conversations eavesdropped upon—something which, records show, he knew was illegal. During the investigation, the staff member in charge found evidence of illegal campaign activity by Horne and other members of the Attorney General's office, and forwarded that information to the Federal Bureau of Investigation (FBI).[19]

In October, 2012, other local media outlets in Phoenix published articles citing public records, sources in the Attorney General's office, and FBI records supporting the allegations of an affair made by the Phoenix New Times over a year earlier.[19][20][21]

Campaign Finance Law Violations[edit]

In October, 2012, after an FBI investigation, Maricopa County Attorney Bill Montgomery concluded that Horne deliberately broke campaign finance laws during his 2010 election campaign by coordinating with an independent expenditure committee run by Kathleen Winn.[22] Montgomery has chosen not to file criminal charges in the matter, and has ordered Horne and Winn to report and refund hundreds of thousands of dollars of allegedly illegal campaign contributions benefiting Horne's 2010 election campaign.[23]

Montgomery did not file charges of obstruction of justice in these matters, noting that although there is a Federal statute involving lying to an investigator, there is no similar Arizona statute.[24]

In April, 2014, an Administrative Law Judge concluded that the prosecution in the case "failed to establish by a preponderance of the evidence" that Horne illegally coordinated with the independent expenditure committee during the 2010 general election campaign for attorney general.[25] In May, 2014, Yavapai County Attorney Sheila Polk, to whom that matter has been referred, rejected the administrative judge's recommendation, and issued a final administive decision concluding that Horne illegally coordinated with the independent expenditure committee during his 2010 campaign, and ordering Horne and Winn to reimburse campaign donors $400,000. A spokesperson for Horne has stated that he will appeal the ruling.[26][27]

Allegations of Campaign Law Violations[edit]

On May 5, 2014, an attorney representing a former AG staff member and ex-Horne campaign volunteer, filed a litigation hold letter with the Arizona Attorney General's office, alleging that much of Horne's executive office staff is involved in "substantial campaigning" for his 2014 re-election, "while on state time and utilizing State resources," which, if proven true, could "represent a substantial violation of State and Federal laws which prohibit such conduct"[28]

The allegations first arose in the AG staffer's letter of resignation, which claimed that the office is "not following campaign laws or finance laws," imperiling her "legal well-being." Horne has denied the allegations, calling them a "complete fabrication." [29][30]

On July 7, 2014, the Arizona Secretary of State's Office released a memo, finding probable cause that Horne violated several campaign-finance laws related to allegations that Horne had employees doing his campaign work on state time, at the AG's office.[31][32]

Traffic Violations[edit]

In October, 2007, while State Superintendent of Public Instruction, Horne was cited for criminal speeding in Scottsdale, Arizona. During a subsequent year-and-a-half period, Horne was cited for speeding six additional times, including once in a school zone.[33][34][35]

In March, 2012, while tailing Horne as part of an investigation into campaign finance law violations, FBI agents observed Horne leaving the scene of an accident, after backing his borrowed car into a parked car, and causing approximately $1,000 damage. The FBI agents turned their notes on the matter over to the Phoenix Police Department, noting that Horne's hit-and-run was likely an attempt to hide an affair with a subordinate in his office.[36][37]

Horne said that he did not think he had done any damage to the other vehicle, although he had the damage to the vehicle he was driving repaired. The Phoenix Police report shows that Horne stopped for an estimated 10 to 20 seconds. FBI records say that neither Horne nor his female passenger "made any attempt to check for damage or make any kind of notification to the vehicle owner." Horne declined to cooperate in the police investigation of the incident. Following the investigation, Phoenix Police cited Horne for one count of leaving the scene of a collision with an unattended vehicle, a Class 3 misdemeanor.[38][36][37] He entered a no contest plea in phoenix municipal court docket#M-0741-4596841.

See also[edit]

References[edit]

  1. ^ a b c "Candidate Q & A: Tom Horne (REP) - Attorney General Candidate". Arizona Republic. 2010. Retrieved 2011-01-12. 
  2. ^ a b "Meet the Attorney General". Arizona Attorney General. Retrieved 2011-01-12. 
  3. ^ "Attorney General Tom Horne Biography - Project Vote Smart". Votesmart.org. 1945-03-28. Retrieved 2013-04-30. 
  4. ^ "Tom Horne". NAAG. Retrieved 2013-04-30. 
  5. ^ "Arizona Construction Law: Thomas C. Horne: 9780887260032: Amazon.com: Books". Amazon.com. Retrieved 2013-04-30. 
  6. ^ "Thomas C. Horne Lawyer Profile on". Martindale.com. 2010-08-10. Retrieved 2013-04-30. 
  7. ^ "Tom Horne touts his legal background, success as superintendent". Arizona Republic. 2010-07-11. Retrieved 2011-01-12. 
  8. ^ "Phoenix School of Law: News & Events". Phoenixlaw.edu. Retrieved 2013-04-30. 
  9. ^ Arizona Department of Education 26 September 2005.
  10. ^ Arizona Monitors Schools for English Immersion Law
  11. ^ AZ Department of Education The Arizona Nutrition Standards September 2010.[dead link]
  12. ^ The Arizona Republic Getting Kids, Teachers Ready for 'new' AIMS 7 April 2005.[dead link]
  13. ^ Arizona Legislature; Arizona Revised Statue 15-112
  14. ^ AZ Capitol Times Horne: Tucson District Violates Ethnic Studies Ban 3 January 2011.
  15. ^ East Valley Tribune; More students hit mark for AIMS High Honors Tuition Scholarships 22 January 2009.
  16. ^ a b "Attorney-general candidate Tom Horne denied 1970 bankruptcy". arizonacental.com. 2010-06-20. Retrieved 2010-06-20. 
  17. ^ Stephen Lemons (2011-07-14). "Attorney General Horne Hired Carmen Chenal to a Highly Paid Top Post - 'Cause She's His Goomba - Page 1 - News - Phoenix". Phoenix New Times. Retrieved 2013-04-30. 
  18. ^ "Investigation of Tom Horne detailed in hundreds of pages of documents". Abc15.com. 2010-08-23. Retrieved 2013-04-30. 
  19. ^ a b Dave Biscobing, Mark LaMet, and Lauren Gilger. "Documents: Attorney General Tom Horne launched investigation to keep relationship quiet". Oct. 8, 2012. ABC15.com
  20. ^ [1][dead link]
  21. ^ Laurie Roberts, columnist - Oct. 23, 2012 . Horne's office fit for a soap opera.
  22. ^ Yvonne Wingett Sanchez and Craig Harris - Oct. 1, 2012. County Attorney: AG Tom Horne broke law.
  23. ^ The Associated Press. "Order issued in Tom Horne campaign finance case | Arizona Capitol Times". Azcapitoltimes.com. Retrieved 2013-04-30. 
  24. ^ "FBI: Arizona Attorney General's office coached employees in Tom Horne case". Abc15.com. 2010-08-23. Retrieved 2013-04-30. 
  25. ^ http://blogs.phoenixnewtimes.com/valleyfever/2014/04/tom_horne_beats_rap_on_campaig.php
  26. ^ http://azcapitoltimes.com/news/2014/05/14/az-attorney-general-tom-horne-campaign-finance-case-to-move-forward-yavapai-county-attorney-sheila-polk/
  27. ^ http://blogs.phoenixnewtimes.com/valleyfever/2014/05/tom_hornes_nightmare_sheila_po.php
  28. ^ http://blogs.phoenixnewtimes.com/valleyfever/2014/05/tom_horne_accused_of_possible.php
  29. ^ http://www.azcentral.com/story/news/arizona/politics/2014/04/28/horne-staffer-office-not-following-campaign-laws/8424251/
  30. ^ http://www.azcentral.com/story/ejmontini/2014/05/07/tom-horne-attorney-general-campaign-violations-complaint-clean-elections-commission-arizona/8821331/
  31. ^ http://blogs.phoenixnewtimes.com/valleyfever/2014/07/tom_horne_elections_investigators_find_reasonable_cause_violated_campaign_laws.php
  32. ^ http://www.nytimes.com/2014/07/12/us/legal-woes-pose-hurdles-for-arizona-attorney-general-tom-horne-in-campaign-.html
  33. ^ Horne has gotten 6 speeding tickets in past 1 1/2 years The Arizona Republic 21 August 2009.
  34. ^ "Tom Horne Court Records". Smugmug.com. 2012-10-24. Retrieved 2013-04-30. 
  35. ^ Who said it: Felecia Rotellini. "AZ Fact Check". Azcentral.com. Retrieved 2013-04-30. 
  36. ^ a b "FBI Agent Says AG Horne's Hit and Run Was Attempt to Hide Affair | KNAU Arizona Public Radio". Knau.org. 2012-10-31. Retrieved 2013-04-30. 
  37. ^ a b Yvonne Wingett Sanchez.Horne hit-and-run caused more than $1,000 in damage, records show
  38. ^ ARS 28-664

Further reading[edit]

External links[edit]