Attorney General's News Release

November 10, 2004

Nixon says solution to education funding issue should come now from new governor and legislature, not courts

Jefferson City, Mo. —Attorney General Jay Nixon today asked the Cole County Circuit Court to put on hold the education funding lawsuit so that the new governor and legislature can address and resolve the issue during the General Assembly that convenes in January.

"We have a new governor-elect and new legislative leaders who have stated their commitment to finding a solution to this public policy challenge," Nixon says. "Let's give the new leadership an opportunity to avoid this costly litigation and use the money saved to help fund education. To that end, I have asked the court to postpone any action on this case while the governor and the legislature craft a new formula that assures adequate and equitable funding."

Nixon says his decision last month to no longer use out-of-state legal counsel to defend the state against the lawsuit was made in anticipation of a legislative solution. He also said he hoped the local school districts that are plaintiffs in the lawsuit against the state would quit spending public resources on expensive outside counsel.

The state of Missouri has considerable experience in court control over the schools, Nixon says.

"We have seen other judges making decisions that should rest with educators, and we have seen millions of dollars that could have gone to education going instead to pay attorneys," Nixon says.

Nixon says Governor-elect Blunt and the new legislative leaders have stated their desire to avoid a similar situation.

"They have said they support finding a solution inside the Capitol, not inside the courthouse," Nixon says. "I could not agree more and pledge to be as helpful to this process as possible."

The motion was filed with Circuit Judge Richard Callahan, who is presiding over the education funding lawsuit.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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