Plaintiff Victory in Montana, “In the Public
Interest,” Court Issues Order in Time for Legislative
Session
On November 9, 2004, the Montana Supreme Court issued
an Order
affirming a lower court’s decision holding that
the state’s “school funding system . . .
fails to adequately fund Montana’s public schools.”
In a rare preliminary ruling, the court declared that
“it is in the public interest” that the
other branches of state government be advised of the
court’s conclusions before the 2005 legislative
session convenes “so they will have sufficient
time” to fashion a remedy.
The court concluded that:
 “the
funding system is not based on educationally relevant
factors;”
the
legislature has not yet determined what constitutes
“quality” schools, which are required
by the state constitution; and
the
state has violated the constitutional provision on
American Indian education because it “has shown
no commitment to the preservation of Indian cultural
identity.”
Appeal and Oral Argument
After Judge Jeffrey M. Sherlock, of Montana District
Court, declared
the state’s school funding system unconstitutional
in April 2004, the state appealed in June and plaintiffs
immediately filed a motion for expedited proceedings
“in the public interest” so that the matter
could be resolved before the 2005 legislative session,
which begins in January. The court agreed and has now
added an exclamation point to the imperative for action
with its special preliminary order.
In oral argument before the supreme court on October
20, the state had characterized the issue as “political”
and urged the court to defer to the legislature. Lead
counsel for the Columbia
Falls v. State plaintiffs, James Molloy, argued
that it was the court’s role and duty to evaluate
the constitutionality of the school funding statutes.
Remedial Prospects
In response to the court’s decision, the Governor
Judy Martz said, “This is a good ruling for Montana’s
public school children.” In a fortunate turnaround
from last year, when the state had to deal with a large
deficit, this fiscal year there appears to be a surplus
of state revenue.
Prepared by Molly Hunter, November 10, 2004
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