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Capitol Media Services
01.26.2006
by Howard Fischer Tucson, Arizona | Published: http://www.azstarnet.com/allheadlines/113104
PHOENIX — The stalemate over funding for English-instruction programs means
the state missed its court-ordered midnight Tuesday deadline to avoid fines
of $500,000 a day.
But no one is sure when the state needs to start paying, who can authorize
the payments and where the money will go.
Attorney Tim Hogan, who represents parents of English learners and got the
judge to set the deadline, said he believes the fines are "self-executing,"
meaning they began automatically once the deadline passed.
State Treasurer David Petersen is responsible for writing out checks. But
Petersen said he won't do that until he gets the OK from the Legislature.
House Speaker Jim Weiers said there will be no such legislative directive
until he sees a new court order.
Meanwhile, an aide to Attorney General Terry Goddard said he doesn't think
the state actually has to start writing checks, at least not just yet.
Andrea Esquer said Goddard compares the $500,000 daily penalties with
overdue fines for not returning a library book, albeit on a larger scale.
The fine becomes due when the total is known, meaning when the book is
returned.
Esquer said Goddard believes the state will have to write one big check for
the accumulated amount, if and when it finally complies with the judge's
order.
Goddard argued a different approach Wednesday, however. At the behest of
Gov. Janet Napolitano, he asked U.S. District Court Judge Raner Collins to
direct the treasurer to cut daily checks, payable not to the court but to
the Department of Education, which would divide the cash among districts
based on their English-language learner students.
Weiers responded angrily that would amount to the governor, with the help of
a federal judge, illegally directing the state how to spend its money, the
purview of the Legislature. He said lawmakers may hire their own attorney.
But Napolitano said it's only right that children should benefit from the
failure to comply.
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