State Seizure of Asheville's Water Struck Down by Judge

Yesterday Wake County Superior Court Judge Howard Manning Jr. struck down the 2013 General Assembly law that would have transferred Asheville's water system to a county authority.

Judge Manning found the law in violation of the state's constitution specifying what "local bills" are allowed to accomplish (Senator Dan Soucek ... your day is coming!). Judge Manning also ruled the bill an "unlawful taking," and -- the best part -- the judge said the law had no "rational basis."

When a court of law rules officially that the ruling party is in fact irrational, we find some reason to hope for the future of North Carolina.

Asheville Mayor Esther Manheimer said Manning's decision is "a huge victory for cities. When you initiate a lawsuit of this magnitude, you need to do so responsibly because it has broad implications across the state."

As Boone voters know, Republicans in the General Assembly are pretty much willing to do anything to hurt, hobble, and high-jack the ability of North Carolina's towns and cities to determine their own futures.

Dealing With "At Risk" Kids in NC: Define Them Out of Existence

Justin Burr

In 2011 Wake County Superior Court Judge Howard Manning ruled that the state of North Carolina has a constitutional duty to provide free pre-kindergarten to all at-risk four-year-olds. The state defined "at risk" as children from families of four making less than $51,000 a year. Last year, under that definition, the number of at-risk four-year-olds in the state was estimated at 67,000. But under the first Republican budget, the one that Governor Perdue vetoed and the Republicans in the General Assembly (with the help of five dim Democrats) over-rode, the state allotted funding for only about 26,000 seats.

That's when Judge Manning got involved and said, "You can't do that, you poltroons."

In 2012, the state Court of Appeals unanimously upheld Manning's ruling. The State Supreme Court agreed last month to also hear the case.

In the meantime, Republican Appropriations Committee chair Justin Burr came up with the perfect Republican solution: "up" is no longer up, and "down" is no longer down, and his bill would change the definition of an "at-risk child." Under Mr. Burr's bill, an at-risk child would have to be at 100% of poverty, which is about $22,000 for a family of four.

Fun with definitions!

WWMD?

What Will Manning Do?

Judge Howard Manning's recent court ruling on the Republican's NC budget has been flagrantly and stupendously ignored.

What usually flows from defying a judge's order?

Judge Manning: Not So Fast There, NC Gop

Judge Howard Manning issued a ruling this afternoon that sez the Republican majority in the NC General Assembly can't just arbitrarily cut at-risk children out of More at Four and other pre-K programs.

Their precious budget is no longer balanced.

How Do You Handle a Problem Like Judge Manning?

With scorn and pre-emptive defiance, apparently.

Previously.

GOP Wrecking Crew: Better Get Ready for Judge Manning

According to reporting by Jane Stancill for the News&Observer, the top 10 richest counties in North Carolina spent an average of $2,654 per student to supplement state funding for public education, compared to $598 per student in the poorest 10 counties. The state's 10 richest counties had seven times more taxable property value per child than the 10 poorest counties in 2008-09.

The 2011 General Assembly steamroller conducted by the new Republican majority (now adjourned, thank God, until the middle of July), has, by acts of commission and acts of omission, added to the disparity between rich and poor counties in the state, so far as the education of all our children is concerned.

Republicans cut spending on education by another $124 million. "Another"? Yes, because the two previous state legislatures, led by Democrats, had already cut education spending a total of $305 million.

Here's a key paragraph in Stancill's article:

Forcing the counties to make cuts began as a stopgap measure by the [Democratic] legislature to deal with the economic crisis. But it has become a new way of doing business, and it's looking more like a fundamental shift in the way North Carolina pays for public schools. The reduction is projected to grow to about $500 million in 2012-13, at the same time the federal Education Jobs Fund runs out of money.

One of the rich counties, Mecklenburg, managed to find an additional $26 million for the Charlotte-Meck school system, saving the jobs of over a thousand teachers. But poorer counties, like Lincoln, have been forced to send lay-off notices to scores of employees (190 teacher assistants and 38 teachers in Lincoln County alone, a devastating blow).

This is where Wake County Judge Howard Manning comes in. He's the tough-as-nails jurist (pictured above) who has presided over the long-running Leandro case since 1994. In Leandro, the state's Supreme Court ruled in 1997 that every child has a constitutional right to a "sound, basic education." In the court trial that ensued in 1999 -- and since -- Judge Manning has issued a number of orders, including in 2002 when he ruled that the responsibility of providing equal education to all students lies with the state. He ordered the state to "remedy the Constitutional deficiency for those children who are not being provided the basic educational services" of competent, well-trained teachers, good principals and sufficient funding.

Judge Manning has said he's not afraid to lock up politicians if they don't do what's right and required by law, and he seems poised this week to declare the entire Republican state budget unconstitutional.

Stand by, as this is a developing story.

Judge Manning Wants to Know What the Hell Is Going On

RALEIGH (MCT) -- In a move that could complicate the already tense state budget negotiations in Raleigh, a judge has ordered a court hearing about whether proposed school cuts would compromise children's constitutional right to a quality education.

Wake County Superior Court Judge Howard E. Manning Jr. issued an order for a hearing June 22 at the Wake County Courthouse.

In the order, Manning wrote that despite the difficult economic environment, the state still has to meet the needs of all children.

"The financial crisis notwithstanding, the basic educational assets guaranteed to each and every child in the North Carolina Public Schools must remain in place in every school and classroom in the State of North Carolina," Manning wrote in his May 20 order.

The order is a response to a May 10 motion filed by plaintiffs, the Hoke County Board of Education and the Asheville City Board of Education, against the state and the State Board of Education. Cited in the motion is the state's move to curtail preschool programs for at-risk children and eliminate end-of-course tests for high school students.

The hearing is the latest development related to a landmark school finance lawsuit known as Leandro. The suit, brought by plaintiffs in low-wealth rural counties, led to two Supreme Court rulings that the state constitution guarantees every child in North Carolina an opportunity to "a sound basic education" in public schools. The decision was interpreted to mean that all children have a right to a certified, well-trained teacher in a school with a competent principal and the resources to meet their educational needs.

Manning, who has presided over the case that dates to the 1990s, could not be reached.

The order puts the judge at odds with his fellow Republicans, who control the legislature and who propose sizable cuts to education as the state grapples with a $2.5 billion budget shortfall....

More at the News&Observer.