School finance to be independent, justice says

HoustonChronicle : Perry Facing Criticism over Texas Supreme Court Prediction

If Gov. Rick Perry thinks he knows how the Texas Supreme Court will rule on a school finance lawsuit, he didn't pick up any insider information from court members, Justice Wallace Jefferson said Wednesday.

Jefferson, one of three Perry appointees on the high court, said he has never discussed school finance or any other issue with the governor. He said he doubted that any justice had, although people often try to guess how the court will rule on pending litigation.

"This court is independent, vigorously independent. We consider the facts and the law when they're presented," Jefferson said in an interview.

A lawsuit brought by a number of school districts, rich and poor alike, seeking to overturn the current school law is scheduled to go to trial Aug. 9 in state district court in Austin. Among other issues, the plaintiffs are seeking more state funding for public education.

A likely appeal of the district court's ruling will be decided by the nine-member Supreme Court, perhaps as early as next year.

Perry, in a private meeting in Dallas on May 13, predicted the lawsuit will fail because his appointees to the high court won't force the Legislature to make changes in the school law, one participant in the meeting said this week.

The governor said he knew where his appointees "stand on this," recalled John Carpenter, who then was president of the Highland Park school board. Highland Park, one of the state's wealthiest districts, is a plaintiff in the lawsuit.

Perry spokeswoman Kathy Walt said he has not discussed the school lawsuit with the justices but does believe the state ultimately will win the case.

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Carpenter said Perry's comments were made in a meeting with about 25 to 30 Highland Park school officials and residents of the heavily Republican district.

They were made a few days before a special session on school finance ended with no agreement on how to cut local school property taxes. Perry has indicated he may call another session later this summer.

Austin lawyer Buck Wood, who represents more than 250 property-poor districts in the suit, said plaintiffs have a strong case and that it is "incredible" for Perry to suggest otherwise.

The Supreme Court reversed two lower courts last year and reinstated the suit, clearing the way for the upcoming trial.

Texas Democratic Chairman Charles Soechting said Perry's "arrogant remarks say more about him than about the professionalism of the justices who serve on our state's highest (civil) court."