Court Orders Hike in NYC School Funds
New York Lawyer
November 21, 2006
Reprints & Permissions
By John Caher
New York Law Journal
ALBANY - A Court of Appeals sharply divided over the degree of deference owed Governor George E. Pataki and the Legislature yesterday ordered the state to allocate $1.93 billion more to New York City schools, the lowest of the various estimates of how much it will cost to provide the constitutionally mandated sound basic education.
With four judges appointed by Mr. Pataki forming the majority, and two appointed by his predecessor in dissent, the Court said the state Constitution requires no more than the least justifiable sum suggested by a panel appointed by the governor.
The 4-2 decision in Campaign for Fiscal Equity v. State, 136, was the first opinion written by the Court's newest judge, Eugene F. Pigott Jr., and powerfully articulates a deferential posture and keen respect for the separation of powers.
"n fashioning specific remedies for constitutional violations, we must avoid intrusion on the primary domain of another branch of government," wrote Judge Pigott.
CFE v. State, argued Oct. 10, was the first case he heard as a Court of Appeals judge. Judge Pigott said deference is "especially necessary" when the dispute centers on the state budget.
"Devising a state budget is a prerogative of the Legislature and Executive; the Judiciary should not usurp this power," he wrote. "The Legislature and Executive branches of government are in a far better position than the Judiciary to determine funding needs throughout the state and priorities for the allocation of the State's resources."
But Chief Judge Judith S. Kaye, who swore in Judge Pigott two hours before the case was argued, dissented strongly.
While agreeing "wholeheartedly" that the Court should generally defer to the political branches, especially on budgetary and policy-making matters, the chief judge suggested that deference by the judiciary in this case amounts to abdication.
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The NYS Constitution also has that seperation of powers thing... well, it used to...