Retired New Jersey Supreme Court Justice Gary Stein Presents His “View from the Bench” on School Funding Litigation

On June 5, 2006, retired New Jersey Supreme Court Justice Gary S. Stein gave his personal and insightful perspective on over thirty years of school funding litigation in New Jersey, ranging from an anecdotal account of the events leading up to Robinson v. Cahill in 1973 to a critical discussion of the latest developments in Abbott v. Burke.

His speech was presented as the luncheon address on the first day of the National Access Network’s 2006 Quality Education Conference in Washington, D.C. Justice Stein was introduced by David Sciarra, counsel for plaintiffs in the Abbott case and executive director of the Education Law Center of Newark, New Jersey, a co-sponsor of the conference. The Public Education Network and the Rural School and Community Trust also co-sponsored the conference.

As an Associate Justice, Justice Stein participated in the Abbott v. Burke case in New Jersey for thirteen years, beginning in 1989 with oral arguments in Abbott II and ending shortly before his retirement in 2002 with Abbott IX.

With great pride, Justice Stein observed that “we’ve done wonders in New Jersey.” He highlighted the establishment of the high-quality pre-kindergarten program ordered by the Court for all three- and four-year-olds in the state’s urban districts, calling it “a great success story.” In the K-12 Abbott schools, he credited “great leadership” for the school districts that are excelling, while admitting that some districts lack leadership and are doing less well. He urged school funding advocates to “stand guard” and “organize communities” to assure increased funding leads to better schools.

He expressed frustration at New Jersey’s recent problems with managing the $8.6 billion school construction program, declaring that the state “made a mess of it” through “waste, corruption, and tragic misjudgments.” The program was established to implement the 1998 Abbott V order that the State address unsafe, obsolete, and overcrowded school buildings in the Abbott districts.

He cautioned all school attorneys and advocates to follow through and keep on their toes, even after a court rules in their favor. “When you get the relief that your suit seeks, your work isn’t done.” There is a continuing duty to make sure people do the required work and are held accountable, he said.

Justice Stein is currently Special Council to Pashman Stein, P.C., a law firm in Hackensack, New Jersey.

For more information on the Abbott rulings and ongoing implementation efforts in New Jersey, visit the ELC website.

Prepared by Dan Goldman: June 15, 2006