Topeka ? Gov. Kathleen Sebelius defended a Supreme Court justice Friday after an anti-tax group said the justice should remove himself from hearing an education funding lawsuit because his wife is the governor’s chief of staff.

The Kansas Taxpayers Network noted that Sebelius has been critical of a plan approved by the Kansas Legislature that would increase state aid to schools by $142 million annually.

The Supreme Court heard arguments Wednesday over whether the plan met an order to provide additional money and distribute it more fairly. Justice Donald Allegrucci was a vocal skeptic of the plan.

His wife, Joyce, is a longtime friend of the Democratic governor’s and managed her successful 2002 campaign. The justice was a Democratic state senator who later became a district court judge and was appointed to the Supreme Court in 1986.

The network supports the Legislature’s plan because it relies on existing revenues and taps the state’s cash reserves, rather than raising taxes, which is something Sebelius advocated.

Executive Director Karl Peterjohn said the justice has a conflict of interest. He said Sebelius has a stake in the outcome of the lawsuit because if the Legislature’s plan is struck down, the governor can pursue her “tax-and-spend policy.”

Attorneys for the state haven’t asked the justice to step aside, but Republican legislators have grumbled privately for months about how he has a tie to the administration.

Sebelius told reporters she has never consulted with the justice, nor does she ever expect to do so.

“We believe very strongly in this administration in separate but equal branches of government,” she said. “We have two professionals who know the rules of government and the rules of law, and I’m very comfortable with the roles they play.”

The Supreme Court is considering a lawsuit filed in 1999 by parents and administrators in the Dodge City and Salina school districts.

In January, the court told legislators to increase funding and distribute the money more fairly. It now must decide whether the plan approved by legislators is adequate.