Judge Leandra amends the decision of the former judge


Judge Michael Robinson found that the state budget, adopted last year, underfunded the comprehensive remedy plan (CRP) in Leandro’s long-term case by about $ 785 million – or about half of what was needed to enforce the judgment.

Robinson amended Judge David Lee Order of November 10, 2021 – which states that North Carolina leaders must transfer about $ 1.7 billion to fund the CRP – to reflect the money credited to the CRP from the budget that was adopted after Lee’s order. He also amended the order to reflect the appellate court’s ruling that Lee could not order North Carolina Controller Linda Combs transfer $ 1.7 billion from the state’s general fund.

Lee order instructed the director of the state budget, the controller and the treasurer to transfer the money. Robinson’s amended order removes this directive.

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“The Court of Appeal found that the court of first instance did not have a proper legal basis to direct the transfer by public officials or departments of funds to DHHS, DPIand UNC system“- said in the order of Robinson. “Therefore, this court concludes that the November 10 order should be amended to remove the directive that officials or state employees transfer funds from the state treasury to fully fund the CRP, but should amend the November 10 order. to determine that the State of North Carolina has not complied with a preliminary order of the Court of First Instance to fully fund 2 and 3 years of CRP ”.

Read the order here.

The Leandra The case began nearly 30 years ago when families from five poor counties sued the state, saying it was failing to meet its obligations of equal education for all students. The state’s Supreme Court has previously ruled in the case that North Carolina children have a fundamental right to “the opportunity to receive a reliable basic education” and that the state has not complied with this constitutional requirement.

The CRP was an attempt by plaintiffs and defendants in the case to agree on how to provide this “opportunity”.

Back in March, the state Supreme Court agreed to open Leandra’s case for the third time since the case began in 1994. But first he sent the case back to the Supreme Court for 30 days, asking the judge to check whether the passage of the budget should affect Lee’s order. However, instead of returning to Lee’s court, the case came to Robinson after Supreme Court Justice Paul Newby, a Republican, ordered her redirected. Lee is a registered Democrat and Robinson is a Republican.

Robinson was tasked with investigating the case, citing lawyers’ arguments as to what the Supreme Court wanted him to do. Lawyers for state lawmakers argued that its scope was very broad and that the viability of a comprehensive adjustment plan should be considered. Meanwhile, attorneys for the plaintiffs and defendants (staffed by the Attorney General’s Office and the State Board of Education) argued that Robinson’s problem was a mathematical problem: they said he should simply deduct from the CRP the amount of money allocated to his budget items 2o21.

The parties did not necessarily agree on what part of the CRP was financed from the budget.

After all, Robinson did not quite follow the arguments of either party, deciding to find out the mathematical problem and change the order to reflect his belief that the Court of Appeal ruling is valid until the other court says otherwise.

The case is now being returned to the North Carolina Supreme Court.

To learn more about the history of the case, go here.

Judge Leandra amends the decision of the former judge

Source link Judge Leandra amends the decision of the former judge