Friday, January 15, 2016

From Quorum Report: Veteran school finance lawyer casts doubts on constitutionality of new school finance court

Texas has struggled to justify it cuts to K-12 funding back in the 82nd session. It has been argued to violate the Texas Constitution's mandate that education be adequately funded. Their scheme to determine this itself might be unconstitutional according to this story: 

- Click here for Quorum Report:

Buck Wood, who has had a hand in school finance and elections cases for decades, dismisses the idea and says the only legitimate way to create such a court would be through a constitutional amendment approved by voters
Veteran Austin lawyer Buck Wood is convinced the newly created three-judge panel for school finance cases is unconstitutional and would be struck down if the Texas Supreme Court remanded the school finance case back to the lower courts.
Texas lawmakers passed Senate 455 last session, intended to create a three-judge panel to hear school finance cases. Sponsor Rep. Mike Schofield, R-Katy, said the bill was modeled on the federal three-judge panel in redistricting cases: Balancing a Travis County judge with jurists from around the state is more fair and balanced than limiting the findings of fact to a single Austin-centric court, he argued.
Wood, who has had a hand in school finance and elections cases for decades, dismisses the idea that such a strategy is done for anything other than partisan reasons. Lawmakers can create a court – and the state constitution blesses the creation of certain courts – but not a newly constituted court with a three-judge panel, especially one that includes an appellate judge.

Who is Buck Wood - apart from the guy who has one of the most Texas names ever?

- Profile: Randall Buck Wood.
- Texas Monthly: The Devil and Bob Bullock.
- C-Span video with Wood and a few others.