Huckabee slams masters

Court overstepping in school-funding case, he says

by Seth Blomeley

Arkansas Democrat-Gazette

Thursday, October 6, 2005

Gov. Mike Huckabee on Wednesday lashed into the masters and the Supreme Court that appointed them, saying he made a mistake to trust the court and feared the court would exercise too much power on behalf of schools. 

"It’s as if the masters took everything the superintendents said, hook, line and sinker, and swallowed it all," Huckabee said on his monthly radio callin show. 

The governor was referring to former Supreme Court Justices Brad Jesson of Fort Smith and David Newbern of Little Rock, the masters appointed by the Supreme Court as fact-finders in the Lake View school-funding case. Newbern and Jesson issued a report Monday saying Huckabee and the Legislature had failed to live up to their promise to make education the state’s top priority. 

David Matthews of Lowell, the lead attorney for the 49 school districts that filed the legal challenge on school funding, said later that Huckabee’s response was understandable. 

"I’ve been practicing law for 30 years, and I haven’t been involved in very many cases where the defendants got hammered [and] they didn’t want to blame the judges," said Matthews, who also is a former legislator. 

Newbern declined to comment. Jesson didn’t return a telephone message left at his law office. 

Huckabee spent the first seven minutes of his radio show complaining about the masters’ report. 

"I was amazed and appalled," Huckabee said. "It’s as if they have ignored your tax money. When I read that they think the governor has not been involved — excuse me? Where have they been?" 

He said he couldn’t understand the report questioning the lack of additional consolidation. He said he pushed for that before the Supreme Court last year. 

"You know what the Supreme Court told me? ‘Nope. Not necessary. We’re satisfied. The case is over.’ We trusted the court. Big mistake. I thought they were telling the truth. If they were to follow the masters’ recommendation, and they have not done so yet, I would hope the court would exercise better command of the facts and exercise better judgment than the masters’ report, which appears as if it was written by the plaintiffs’ attorney." 

The Supreme Court complimented state action for public schools last year and exited the school-funding case but reopened it in June of this year after school districts alleged that the state retreated on improving education. 

Huckabee said he met Tuesday night with House Speaker Bill Stovall, D-Quitman, and Senate President Pro Tempore Jim Argue, D-Little Rock. 

"I’m confident there will be a united effort in the two branches of government to say to the third that there are three equal branches of government and one does not supersede the other," Huckabee said. Under the constitutional doctrine of the separation of powers, none of the three branches of government — executive, legislative and judicial — may usurp the power of the others. 

Huckabee didn’t give details about what form that statement to the court would take. 

"I’m not looking for a constitutional showdown," Argue said, regarding Huckabee’s remark about making a statement to the court. "In the past the court has been respectful of separation of powers, and I expect them to continue to do so." 

Stovall said he has "always been concerned about judicial encroachment" during the Lake View case but would wait for the court to issue a ruling to offer an opinion about what course to take. 

Attorney General Mike Beebe represents the Legislature and the governor in the case. 

Matthews said Huckabee’s "saber rattling" frustrates him but it’s too early to worry about the potential for the governor blocking more money for schools. He noted that Huckabee during previous stages in the case made "incendiary" comments about the court’s role but later reversed course and embraced the ruling. 

"He reflected on it, and he realized how right the court was and took some bold and courageous steps," Matthews said. 

Key to the school districts’ case is the decision by the governor and the Legislature to freeze per-student "foundation" money at $5,400 in the current school year, despite major state agencies getting increases and $52 million being set aside for capital improvements that included many pet legislative projects. 

Huckabee on Wednesday argued that the state has "poured $750 million" into public schools but hasn’t had a chance to evaluate what it has accomplished. He also said teacher salaries have increased. 

"Some of the masters’ report indicates that the Legislature has done nothing, and I wonder were they really paying attention?" Huckabee said. "Have they really read the bills?" 

He said many items in the masters’ report were "factually wrong." He gave one example. The masters pointed out that the state didn’t provide more money for districts to have the required additional art and music teachers. He said that was already calculated within the $5,400. 

"It’s been frustrating, maddening," Huckabee said. "Some have said, ‘Let’s have a special session.’ To do what? To spend more of your tax money only to find out that the court is still not satisfied?" 

Matthews said Huckabee and legislators want to "pat themselves on the back, but for what?" 

Matthews said consultants in 2003 recommended an $800 million annual increase in school spending. He noted that the $750 million Huckabee is talking about is over three years — fiscal 2004 levels to fiscal 2007 levels. 

According to the Bureau of Legislative Research, the additional money for schools during fiscal 2004-07 includes increased local property tax collections, federal court-ordered desegregation payments, money for additional students, and money for school facilities, which the districts have argued isn’t enough. 

"It isn’t like all of a sudden we’ve got this $750 million infusion," Matthews said. 

None of the callers to Huckabee’s show, which lasted about 40 minutes on the Arkansas Radio Network, excluding commercials, criticized the masters. The first caller wanted to talk about a ruling regarding eminent domain by the U.S. Supreme Court. The second was tired of high gasoline prices. 

Before taking another call, Huckabee asked, "Would you like to see more taxes? Would you like to reach a little deeper? Let us know what you think." 

The next caller said he wanted to make sure "them kids" received a good education and asked if the state could simply divert money from "all this pork" to the schools. 

Huckabee, who has previously fought legislative pet projects, didn’t warm up to the idea. 

"Here’s the deal," Huckabee said. "We have spent a lot more money ... $750 million. I keep using that figure because I want the taxpayers to think about how much more money has been poured into the system." 

He said he wanted to "revisit" his failed 2003 push to make superintendents state employees. 

The next caller had a question about a minister at a state prison. The one after that asked a school question unrelated to the masters’ report. 

The following caller wanted to know if the masters’ report would affect college students. 

Huckabee said if the Supreme Court accepts the masters’ report and orders more money for public schools, "You know where it’s going to have to come from? Medicaid and yes, from higher education. It could impact your tuition and that of every other college student in the state." 

During the 2005 legislative session, Huckabee placed a higher priority on getting more money to colleges than increasing the perstudent public school amount. The Legislature obliged and passed a $76 million increase for public colleges from fiscal 2005 to fiscal 2007. 

The Legislature and the governor initially proposed a $100 per-student increase in foundation funds for public schools that would have cost about $45 million. That plan was abandoned. 

The masters have said the expected state surplus of more than $300 million by the end of fiscal 2007 could solve the public school-funding issue. 

Another caller said there are too many superintendents in Arkansas. Huckabee agreed. 

Lee Vent, superintendent of the Forrest City district, which was among the districts that sued the state, said in an interview that he opposed making superintendents state employees. 

"Who’s going to cancel school on a snowy day? Someone in Little Rock?" Vent asked. 

He said he wished he didn’t have to go to court over education dollars. 

"We were left with no recourse but to pursue this through legal channels," Vent said. "We presented evidence that very well articulated our plight. We were impressed with the [masters’] insight." 

The Lake View school-funding case has been winding through the courts for 13 years. 

The Supreme Court has gotten involved in the Lake View case several times, chiefly because of a provision in the Arkansas Constitution that requires the state to provide a "general, suitable, and efficient system of free public schools." The court has declared this to mean that the system must be adequate and equitable, and ruled in 2002 that state funding didn’t meet that standard. 

The Supreme Court issued an order Tuesday saying that all parties in the case have 20 days to file written objections and to seek court action. After that, the court will take the matter under advisement.