Pueblo 70 School District Considers Dropping Lawyer Linked to Christian School Launch

A school district in southern Colorado is considering a change in legal representation, potentially ending its relationship with a law firm led by an attorney involved in the launch of what has been described as the state’s “first public Christian school.” The Pueblo 70 school board is scheduled to vote Tuesday on whether to initiate a request for proposals for attorney services, a move that could lead to the replacement of Brad Miller and his firm, Miller Farmer Carlson Law.

Concerns Over Potential Conflicts of Interest

The move comes after two of the four Pueblo 70 school board members voiced concerns earlier this month regarding Miller’s involvement with the district. Board member Mark Emery suggested Miller’s religious and political leanings may have created difficulties for the district. He advocated for a “clean slate,” free from any perceived impropriety or conflict of interest.

Did You Know? Brad Miller described himself as a “board whisperer” in a video posted in November, stating he helps boards navigate public scrutiny and transparency requirements.

Board member Michelle Erickson echoed Emery’s proposal, suggesting a switch to a local firm could result in cost savings for the district. However, board President Ann Bennett and Vice President A.J. Wilson expressed opposition. Bennett stated Miller had been “knowledgeable, very thorough, and careful” in his interactions with the board, while Wilson cited a previous instance where Miller’s advice on a bond issue saved the district money.

The Riverstone Academy Connection

Emails obtained by Chalkbeat reveal Miller actively sought to establish Riverstone Academy last summer, with the intention of initiating a legal challenge to the question of public funding for religious schools – a practice prohibited by the Colorado constitution. According to a June 4 email, the conservative law firm Alliance Defending Freedom approached Miller following a Supreme Court deadlock on a similar case in Oklahoma, requesting his assistance in initiating a parallel case in Colorado.

Miller proposed that Education reEnvisioned Board of Cooperative Educational Services (ER BOCES), an organization he also represents, would create the school, and the Pueblo 70 school board would grant the BOCES the right to operate it within the district’s boundaries as a “test case.” Riverstone Academy was initially established with key documents omitting any mention of its religious affiliation.

Expert Insight: The situation highlights the potential complexities arising when legal counsel has affiliations with multiple entities involved in a single issue, raising questions about divided loyalties and potential conflicts of interest.

Former board president Ochs quickly added a vote on locating Riverstone in District 70 to the board’s agenda after receiving Miller’s email. Ochs later accepted a job with ER BOCES without disclosing this during the vote. A district parent, Hannah McDowell, publicly questioned Miller’s potential conflict of interest stemming from his representation of both ER BOCES and the Pueblo 70 district.

What Happens Next?

The Pueblo 70 school board’s vote on Tuesday will determine whether the district moves forward with a request for proposals. If approved, the district will solicit bids from other law firms. A fifth board member is expected to be appointed in February, after the vote but before any final decision regarding Miller’s firm. It is possible that Miller’s firm could still be selected if it submits the most competitive proposal. Alternatively, the board could choose a different firm, potentially signaling a shift in the district’s legal strategy.

Frequently Asked Questions

What prompted the Pueblo 70 school board to consider changing legal counsel?

Concerns raised by two board members, Mark Emery and Michelle Erickson, regarding potential conflicts of interest stemming from attorney Brad Miller’s involvement with the launch of Riverstone Academy and his representation of multiple entities.

What role did Brad Miller play in the creation of Riverstone Academy?

According to emails, Miller actively sought to launch Riverstone Academy to initiate a legal challenge regarding public funding for religious schools, collaborating with the Alliance Defending Freedom and Education reEnvisioned BOCES.

What is the current status of Riverstone Academy?

Riverstone Academy is currently receiving public funding, but state officials have indicated that funding could be revoked pending an audit to determine its eligibility.

As the Pueblo 70 school board weighs its options, what factors will ultimately determine the future of its legal representation and its approach to navigating complex educational and legal challenges?