TOPEKA, Kan. (AP) — An attorney for four school districts suing Kansas over education funding says the state Supreme Court’s newest justice should remove himself from the case on appeal.

Attorney John Robb said Friday that Justice Caleb Stegall participated in two days of mediation over the lawsuit in 2013 and represented Republican Gov. Sam Brownback.

Stegall was sworn in as a justice Friday and declined to comment afterward. He is a former chief counsel for the governor.

Four school districts and the parents of more than 30 students filed the lawsuit in 2010. A three-judge Shawnee County District Court panel is considering whether the state is spending enough money on public schools to provide an adequate education for every child.

Attorneys expect an appeal to the Supreme Court regardless.