AG office acts to take heat off lawmakers on education funding

OLYMPIA — State lawmakers know they violated an order of the state Supreme Court earlier this year when they failed to turn in a “complete plan” for fully funding public schools by 2018.

But that failure was due to honest political disagreement not “deliberate disobedience” and lawmakers should not be found in contempt nor sanctioned, a state attorney argued in a legal brief filed Friday.

“The Legislature continues to make progress toward meeting the 2018 deadline this Court established,” wrote Assistant Attorney General Dave Stolier. “Neither contempt nor sanction is necessary to compel continued progress toward that goal.”

However, if the high court finds the state in contempt, it should not impose any sanctions until after seeing what actions lawmakers take next year, attorneys argue.

“No sanction issued will be more effective at producing legislative agreement on an appropriate plan than giving the Legislature a full and fair opportunity to act in 2015,” he wrote.

Justices are holding a show-cause hearing Sept. 3 to determine whether the state should be found in contempt for violating the court’s order.

If the court finds the state in contempt it is considering sanctions. These include fines, a ban on spending on services and programs not related to education, or a directive to lawmakers to pass bills to increase funding for schools. Justices might consider ordering the closing of public schools until the state lives up to its constitutional obligation.

The hearing is a result of the court’s frustration with how lawmakers are responding to the 2012 ruling in the so-called McCleary case.

In that decision, justices determined the state had failed its constitutional obligation to fully fund a program of basic education in elementary and secondary schools. The high court gave lawmakers until the 2017-18 school year to comply and required annual reports on their progress.

In January, justices demanded a “complete plan” for achieving compliance be included in this year’s update. But lawmakers didn’t turn one in.

Stolier, in his brief, contended philosophical and political differences prevented agreement in the 60-day legislative session and ground work for reaching a grand agreement in 2015 had been laid.

He also questioned the court’s authority to impose some of the sanctions under consideration, arguing such steps as requiring lawmakers to spend money would breach the separation of powers between the legislative and judicial branches.

An attorney representing the parents and educators who filed the original lawsuit insisted Friday that justices must exact some form of sanction.

“The McCleary plaintiffs believe Court Orders and Constitutional rights matter,” Attorney Thomas Ahearne wrote in an email. “That’s why we’re asking the Court to at least hold the Legislature in contempt, to prohibit any more unfunded or underfunded mandates on our schools, and to impose even more serious sanctions if the legislature does not reconvene and obey the court’s orders by December 31 of this year.”

Ahearne has until Aug. 11 to file a brief in response to the state’s filing.

Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Everett mall renderings from Brixton Capital. (Photo provided by the City of Everett)
Topgolf at the Everett Mall? Mayor’s hint still unconfirmed

After Cassie Franklin’s annual address, rumors circled about what “top” entertainment tenant could be landing at Everett Mall.

Everett
Everett man sentenced to 3 years of probation for mutilating animals

In 2022, neighbors reported Blayne Perez, 35, was shooting and torturing wildlife in north Everett.

Dorothy Crossman rides up on her bike to turn in her ballot  on Tuesday, Aug. 1, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett leaders plan to ask voters for property tax increase

City officials will spend weeks hammering out details of a ballot measure, as Everett faces a $12.6 million deficit.

Starbucks employee Zach Gabelein outside of the Mill Creek location where he works on Friday, Feb. 23, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
Mill Creek Starbucks votes 21-1 to form union

“We obviously are kind of on the high of that win,” store bargaining delegate Zach Gabelein said.

Lynnwood police respond to a collision on highway 99 at 176 street SW. (Photo provided by Lynnwood Police)
Police: Teen in stolen car flees cops, causes crash in Lynnwood

The crash blocked traffic for over an hour at 176th Street SW. The boy, 16, was arrested on felony warrants.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order to halt work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum in Everett to welcome new CEO

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.