PHOENIX β The state attorney general's office won't step in to block Proposition 123.
In an informal opinion today, state Solicitor General John Lopez sidestepped questions posed by Treasurer Jeff DeWit in the wake of voter approval last month of the education funding measure. It will provide $3.5 billion to schools over the next decade, including $2.2 billion in extra withdrawals from the state's education trust account.
DeWit said he and other members of the state Board of Investment had questions about the legality of the move and wanted answers before releasing any dollars.
But Lopez pointed out there already is a case in federal court challenging the ability of the state to increase withdrawals from the education trust account to boost school funding.
"This office typically does not issue formal opinions regarding matters that are the subject of pending or impending litigation,β Lopez wrote. "Consistent with that practice, we decline to do so here.β
But Lopez did agree to tell DeWit and other board members that they face no personal liability for distributing the cash as voters mandated.
"Arizona's public officials have a duty to obey laws unless a court enjoins a law or declares it unconstitutional,β Lopez said.
And Lopez also said that, absent a court ruling to the contrary, charter schools are eligible for a share of Proposition 123 funds.
The informal opinion comes the same day that U.S. District Court Judge Neil Wake gave permission for Michael Pierce to amend his lawsuit challenging the voter-approved measure.
Pierce argues that simply amending the Arizona Constitution to boost trust fund withdrawals is legally insufficient. He contends that can happen only if Congress agrees to amend the enabling act.
That is one of the same questions that DeWit and the board asked Attorney General Mark Brnovich to answer.
No date has been set for a hearing, leaving the questions in limbo.
The plan is to start distributing the money by June 30 unless blocked by a court order.
