Kline, conservatives take aim at Kansas Supreme Court

Topeka ? Urged on by the state’s top lawyer, some lawmakers are taking aim at the Kansas Supreme Court because of its order in the school finance case.

The June 3 court order to increase funding by $143 million, and possibly another $568 million next year, is a “backdoor way of invalidating the legislative process,” Atty. Gen. Phill Kline said Thursday.

Kline’s comments came during a caucus of Senate Republicans.

He described the court’s decision as radical and an improper move by the court into legislative decision-making.

The court has ruled that the school finance system is unconstitutional because it underfunds all students, especially minority and disabled students.

Specifically, the court has said the Legislature has failed to abide by the Kansas Constitution’s mandate to “make suitable provision for the finance” of schools.

Lawmakers are considering a number of proposed constitutional amendments and state laws that would limit the court’s power.

Kansas Atty. Gen. Phill Kline, sitting at table, back to camera, speaks to the Senate Republican Caucus on Thursday about school finance at the Statehouse in Topeka. Three reporters can be seen in foreground.

The Senate Judiciary Committee today will hold public hearings on a constitutional amendment that would change the language of the Constitution.

Instead of requiring the Legislature to “make suitable provision,” the amendment would say the amount of money for schools would be determined solely by the Legislature.

Another proposed amendment would prohibit the courts from directing the Legislature to appropriate money.

And another proposed amendment would require that justices be elected rather than the current appointed process. But that measure was pulled down from House debate because leaders said there was not enough support for it.

How they voted

The 25-14 vote Thursday by which the Senate approved a $161 million school finance plan.

Of the 30 Republicans, 15 voted “yes,” 14 voted “no” and one was absent.

Lawrence’s delegation in the Senate, Republican Roger Pine and Democrat Marci Francisco, both voted yes on the $161 million school finance plan.

Constitutional amendments require a two-thirds vote in the House and Senate, before being placed on the ballot for voter consideration.

Alan Rupe, the Wichita attorney who represented the plaintiff school districts that successfully sued the state, said the proposals were “silly.”

“If the Legislature would simply focus on the fix and figure out a way to raise and appropriate the money, all the lawyers would go home,” Rupe said.