Partial credit
The Arkansas Supreme Court made a couple of large decisions recently. It got one right. The judges were unanimously correct in reversing a circuit court ruling that the state Freedom of Information Act is unconstitutional. The lower court said in a public-meeting case that the Act was too vague and overbroad. The Supreme Court said that any changes needed in the law could be made by the legislature. "The FOIA does not attempt to give an exact description of every conceivable fact situation that might give rise to the application of the FOIA," the court said. "It is left to the judiciary to give effect to the intent of the legislature ... This court liberally construes the FOIA to accomplish its broad and laudable purpose that public business be performed in an open and public manner."
The Court erred in holding that the state cannot take excess property-tax revenue from wealthy school districts and use it to subsidize poorer districts. The state requires a minimum 25-mill property tax for every district, but because of varying property values, the tax produces more revenue in some districts than others. The state also requires a minimum expenditure for each pupil. If the 25-mill tax doesn't raise enough money to reach that figure, the state makes up the difference. If the tax produces more than enough, the state wants to send that excess to poorer districts.
The thrust of the education-reform movement in Arkansas over the last decade has been to equalize opportunity for all students. Nonetheless, a four-member court majority held that rich districts can keep their excess revenue. In a dissent joined by two others, Chief Justice Jim Hannah wrote:
"The majority nullifies ten years of difficult and painstaking work diligently undertaken by the General Assembly, the Department of Education, the Attorney General, and the Governor, to provide this state with a constitutional school-funding system. ... The majority leaves us with a public-school-funding system dependent upon the wealth of the district, which this court has declared to be unconstitutional."
Speaking of Arkansas Supreme Court
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Supreme Court says 1979 Cornish hen theft makes sheriff ineligible to serve
May 23, 2013The Arkansas Supreme Court today reversed a lower court and said Searcy County Sheriff and Collector Kenny Cassell's 1979 conviction on a federal misdemeanor theft charge for stealing Cornish hens from a Tyson's interstate shipment made him ineligible to hold office. /more/
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Career Education whistleblower's judgment affirmed by Supreme Court
April 25, 2013The Blog reported last year on the case of Bob Means, who sued over his firing from counseling work at the Hot Springs Rehabilitation Center on the order of state Career Education Department Director Bill Walker, communicated though Robert Trevino, then head of state Rehabilitation Services. /more/
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Supreme Court orders new sentencing for juvenile sentenced to life without parole
April 25, 2013The Arkansas Supreme Court today did as a U.S. Supreme Court ruling required and ordered a new sentencing hearing in Mississippi county for Kuntrell Jackson, sentenced to life in prison without parole when he was 14 as an accomplice to a cousin who killed a store attendant. /more/
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Former Justice Bob Brown to associate with Friday firm
April 22, 2013Talk Business reports that retired Arkansas Supreme Court Justice Robert Brown is taking an "of counsel" role with the powerful Friday Law Firm. /more/
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Latest in Editorials
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Misquoted
There's embarrassment in the young gubernatorial campaign of state Rep. Debra Hobbs of Rogers. Announcing her candidacy last week, Representative Hobbs said "I feel like this is what God wants me to do." But sources close to God say that He gave her no encouragement and was at most indifferent to her campaign.
- May 23, 2013
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Say goodbye
It's kind of piling on, admittedly, but we feel compelled to join the call for state Treasurer Martha Shoffner to resign. Awkwardly compelled, that is. She has not yet been convicted of the criminal charges filed against her, and that's an important point. The presumption of innocence has not been repealed.
- May 23, 2013
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Listen, UA
Any public-university trustees considering merger of their tax-supported teaching hospital with a Catholic hospital should ponder these wise words from Americans United for Separation of Church and State.
- May 16, 2013
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Event Calendar
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Re: The crash of Martha Shoffner
Now, Maxine, if Martha Shoffner were a Republican, you know you wouldn't be sad about…
- on May 24, 2013
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Re: Say goodbye
Because Dustin McDaniel is a law abiding SOS? How dare he speak out after his…
- on May 24, 2013
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Re: The crash of Martha Shoffner
I don't see sadness either. Every day the Lord sends the criminal justice incarcerates a…
- on May 23, 2013
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