Prop 123 Verdict: Senior Judge of The Arizona Federal Court Says It Violates Federal Law

Judge Neil Wake – the senior judge of the Arizona federal court – wrote in his Order  that Ducey was unapologetic about violating a federal law requiring Congress to approve any changes to how money from the State Land Trust is disbursed.

Patrick Ptak, a spokesman for Ducey, attacked Judge Wake, calling him a “biased, activist judge.”
Sounds way too familiar: Ducey is using the Trump Playbook!
A federal judge ruled yesterday that the AZ Governor's dicey funding plan to increase money thrown at poor-performance public education in  the voter-approved Arizona's Prop. 123 education funding plan is illegal.
Here's some background going back to 1912 from Howie Fischer in the Arizona Capitol Times:
"In a 35-page order, Judge Neil Wake said the federal Enabling Act that made Arizona (and New Mexico) a state in 1912 and gave it lands to hold in trust for schools allows the state to use only the interest off the money earned. 
The idea, Wake explained, was to preserve the body of the trust — and the interest it would earn — for future generations.

But Wake said Proposition 123, crafted by the governor as a method to settle a lengthy lawsuit over school funding, clearly ran afoul of that federal law. . .
But Wake isn’t the first one to raise the question. In fact, state Treasurer Jeff DeWit told lawmakers in 2016 — before the measure went to voters — that they can’t do what the governor was proposing. . .

The federal government gave Arizona 10 million acres when it became a state in 1912 with the restriction that it be held for certain beneficiaries, mostly public schools. About 9.2 million acres remain in the trust.

There also is about $4.8 billion in the trust made up of the proceeds from sales and leases of the land.

Legislative budget staffers said at the time that, at current withdrawals, the fund would grow to about $9 billion by 2025. But with the additional funds taken out, the account is projected to be $6.2 billion instead.

What made that significant not only for DeWit but also Michael Pierce, who filed the federal court lawsuit, is their contention that such a radical change can be made only by amending the Enabling Act, something that was not done.

In agreeing with Pierce, Wake said it does not matter that the Arizona Education Association, the Arizona School Boards Association and the Arizona Association of School Business Officials supported Prop. 123.
Reference: click or tap here

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Ryan Randazzo writing in AZ Central had this to say last year

DeWit: Arizona education funding plan a 'burning, heaping mess' after judge's ruling

"Treasurer Jeff DeWit said Tuesday that a federal judge's decision that Proposition 123 violates the law is a sad situation that leaves a "burning, heaping pile of trash" for the state to sort out.

DeWit lamented that the 2016 settlement approved by voters to deal with a school funding lawsuit won't be resolved before he leaves April 3 to become the chief financial officer for NASA.

Reference: https://www.azcentral.com/story/news/politics//dewit-takes-parting-shot-ducey-prop-123-before-leaving-arizona/462470002/
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Judge rebukes Ducey as ‘defiant,’ says Prop 123 education funding is ‘illegal’

By Jim Small October 1, 2019

"In an order published early Oct. 1, Judge Neil Wake – the senior judge of the Arizona federal court – wrote that Ducey was unapologetic about violating a federal law requiring Congress to approve any changes to how money from the State Land Trust is disbursed.

The order follows an earlier ruling in March 2018 in which Wake found that Proposition 123, which voters passed in a 2016 special election, violated federal law because it was enacted and payments from the State Land Trust were significantly increased without congressional approval.

Wake took aim at Ducey in his order Tuesday, writing that Ducey eventually sought congressional approval for increasing the disbursements only days before the judge was set to rule in 2018.

“The Governor’s assertion that he somehow was not involved is disingenuous. The Court is not fooled,” Wake wrote. . . .
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Maggie Smith put the word boobs in this image so her article in PHXSUKS get your attention 
Why Arizona Prop 123 Is Really Friggin Important
by Maggie Spear on Apr 9, 2016 • 2:04 "Hello friends! I am here to educate you about Prop 123, or the Arizona Education Finance Amendment, which will be up for a vote in a special election on May 17. It’s really important that you vote in the election, as this prop (whether it succeeds or fails) will have a tremendous effect on the next batch of young Arizona students.

For all ya short attention span suckers, I’ve added a pro/con list at the very bottom of this post.
The proposition is really complex and intricate — . . . 
READ MORE > https://phxsux.com/2016