University of Washington School of Law UW Law Digital Commons School Finance Litigation: McCleary v. State of Washington Supreme Court Documents Washington 8-12-2014 Brief of Amici Curiae, the Honorable Danial J. Evans, Washington Governor, 1965-1977, the Honorable John Spellman, Washington Governor, 1981-1985, the Honorable Mike Lowry, Washington Governor, 1993-1997, the Honorable Gary Locke, Washington Governor, 1997-2005, and the Honorable Christine Gregoire, Washington Governor, 2005-2013 Follow this and additional works at: https://digitalcommons.law.uw.edu/wasupreme Recommended Citation Brief of Amici Curiae, the Honorable Danial J. Evans, Washington Governor, 1965-1977, the Honorable John Spellman, Washington Governor, 1981-1985, the Honorable Mike Lowry, Washington Governor, 1993-1997, the Honorable Gary Locke, Washington Governor, 1997-2005, and the Honorable Christine Gregoire, Washington Governor, 2005-2013 (2014), https://digitalcommons.law.uw.edu/wasupreme/86 This Amicus Brief is brought to you for free and open access by the School Finance Litigation: McCleary v. State of Washington at UW Law Digital Commons. It has been accepted for inclusion in Washington Supreme Court Documents by an authorized administrator of UW Law Digital Commons. For more information, please contact [email protected]. Received Walhington State Suprema Court AUG - ~ 2014 NO. 84362-7 Ronald R. Carpenter Clerk SUPREME COURT . OF THE STATE OF W ASHlNOTON MATTHEW and STEPHANIE McCLEARY, et al., Respondents, Vva$hfngton ~/led C State Sun c__.., v. ,..,rerne C 0Urt STATE OF WASHINGTON, AUG 12 20!~ Appellant. Ronaldf? ~) ___Q~arP_enter ") ···---·····----··········-···----BR_I_E--F--:::o=F-A_M_Ic='!---.CURTA£:· THE HONORABLE DANIEL J. EVANS, WASHINGTON GOVERNOR, 1965-1977, THE HONORABLE JOHN SPELLMAN, WASHINGTON GOVERNOR, 1981~1985, THE HONORABLE MIKE LOWRY, WASHINGTON GOVERNOR, 1993"1997, THE HONORABLE GARY LOCKE, WASHINGTON GOVERNOR, 1997-2005, AND THE HONORABLE CHRISTINE GREGOIRE, WASHINGTON GOVERNOR, 2005"2013 ~-------~~-1~11--""""""'~=====-- ORRICK, HERRINGTON & SUTCLIFFE LLP Robert M. McKenna (WSBA No. 18327) Robert Loeb DavidS. Keenan (WSBA No. 41359) (D.C. Bar No. 997838) 701 Fifth Avenue, Suite 560 Andrew Silvennan Seattle, W A 98104-7097 (N.Y. BarNo. 5181052) Tel: (206) 839-4300 1152 15th Street, N.W. Washington, D.C. 2005-1706 Tel: (202) 339-8400 Attorneys for Amici Curiae FILED AS ATTACHMENT TO EMAtl QORIGINAL TABLE OF CONTENTS Page I. INTRODUCTION ......................................................................... 1 H. INTEREST OF AMICI .................................................................. 2 Ill. ARGUMENT ................................................................................. 3 A. The Legislature Can and Must Make Real and Measurable Progress in the 2015 Budget Session ............. 4 B. The 2014 Short Session Is the Wrong Measure of Contetnpt ............................................................................ 6 I . These proceedings run the risk of constitutionalizing the evolving products of the legislative process ............................................ 6 2. The 2014 Short Session could not do justice to Washington's children ..................................... 10 C. The Court's Actions as a Trusted Partner Can Help Ensure the Legitimacy of the Result ................................ 15 IV. CONCLUSION ............................................................................ 18 TABLE OF AUTHORITIES Page(s) Federal Cases Thigpen v. Meyers, 211 F. Supp. 826(W.D. Wash. 1962) .................................................. 18 Thigpen v. Meyers, 231 F. Supp. 938 (W.D. Wash. 1964) ...................................... 18, 19,20 State Cases McClemy v. State, 173 Wn.2d 477,269 P.3d 227 (2012) .......................................... passim Seattle Sch. Dist. No. 1 v. State, 90 Wn.2d 476, 585 P.2d 71 (1978) .............................................. 7, 8, 13 Session Laws Laws of 1965, ch. 6 .................................................................................... 19 Laws of 1973, lst Spec. Sess., H.J.R. 37 ................................................... 16 Laws of 1993, ch. 336 .................................................................................. 7 Laws of2009, ch. 548 ("ESHB 2261") ............................................ .4, 9, 10 Other Materials 2014 Report to the Washington Supreme Court by the Joint Select Committee on Article IX Litigation, McClearyv. State, No. 84362-7 (May l, 2014) .................................. 13 Mike Baker, Senate Budget Writers Agree: No Education Cuts, Seattle Times (May 15, 2012), http://seattletimes.com/htrnl/localnews/20 177613 94 _ ap waxgrbudgetrepublicans4thldwritethru.html. ........................................ 3 Plaintiff/Respondents' 2014 Post-Budget Filing, McCleary v. State, No. 84362-7 (May 21, 20 14) ................................. 11 Repoti to the Washington State Supreme Court by the Joint Select Committee on Article IX Litigation, McC!emy v. State, No. 84362-7 (Sept. 17, 2012) ............................... 16 State ofWashington's Response to the Court's Orders Dated July 28, 2012, and December 20, 2012: The Legislature's 2013 Post-Budget Report, McClem:v v. State, No. 84362-7 (Aug. 29, 2013) .................................. ? Washington Sec'y of State, Official Voters Pamphlet, General Election Tuesday, November 6, 1973, available at http://www.sos.wa.gov/legacy/images/publications/SL_ voterspamphlet_l973/SL_ voterspamphlet_1973 .pdf.......................... 16 Washington Sec'y of State, Election Search Results, November 1973 General, http://www .sos. wa.govI elections/results_report. aspx? e= 40&c=&c2=&t=&t2=5&p=&p2=&y= ................................................ 17 Washingon Sec'y of State, Sh{/Ung Boundaries: Redistricting in Wash. State, http://www.sos.wa.gov/legacyproject/ShiftingBoundari es/1960sll965/ (last visited July 29, 2014) .......................................... 19 I. INTRODUCTION Amici Curiae Daniel J. Evans, John Spellman, Mike Lowry, Gary Locke, and Christine Gregoire ("the Governors")-every living fonner Washington governor, submit this brief at what the Governors believe is a moment of extraordinary constitutional impotiance and consequence for our three coequal branches of government and the people of this great State. Though labeled a show-cause hearing, the Court's September 3rd proceeding presents an impmiant opportunity-perhaps the last, best opportunity before the Legislature's crucial 2015 Budget Session-to restore focus on the Court's, the parties', and the Govemors' shared goal of providing the best education to all ofWashington's children. The Court's original decision rightly emphasized Washington's paramount constitutional duty to make ample provision for the education of all children residing within the State as well as the State's failings in this regard. That is where the focus must remain. To maintain that focus, the Govemors urge the Court to delay further consideration of the Court's Show-Cause Order until after the 2015 Budget Session for three reasons. First, the Governors believe that the Legislature can and indeed must make real progress in the 2015 Budget Session towards fulfilling its constitutional mandate. Second, because the Govemors believe that the 2015 Budget Session presents the best opportunity for the Legislature to make meaningful progress towards its 2018 deadline to make ample provision for K-12 education, the Governors also believe that the 2014 Short Session is not a sufficient benchmark from which to measure contempt, and that the ongoing legislative process affecting this critical issue is too important and too fluid to address with sanctions at this juncture. Finally, the Governors fully support this CoUit's role as not only the State's constitutional arbiter but as a trusted partner in providing for our children's education, and urge the Court to help ensure the legitimacy of the process and the result by continuing to exercise both vigilance and restraint. II. INTEREST OF AMICI The Governors presided over the State's Executive Branch for most of the last fifty years, serving during much of the period recounted by the Court in the decades leading to its historic 2012 decision. The Governors are thus not only well acquainted with the State's longstanding education funding issues but are also thoroughly invested in the State achieving its paramount and constitutional duty to the State's children. Having governed in different decades and political pmties, the Governors stand united in their conviction that the Legislature must be given the space and opportunity in the 2015 Budget Session to work towards fulfilling its constitutional mandate under the watchful eye of this Court. III. ARGUMENT I have been restrained. I have been complimentmy. I have negotiated in good.faith. Time's up. Time is up. My frustration level is as high as it gets. Time for us to get a budget to the table, bring me a budget. Governor Christine Gregoire, 1st Special Legislative Session, 20121 The Governors understand what it is like to be :frustrated with the Legislature, and they fully suppott the Court's conclusion that the Legislature has not fulfilled its duties with respect to funding K~ 12 education. The Comt was correct to give the Legislature until 2018 to meet its constitutional obligation, while also rightly refusing to "abdicate [its] judicial role" in enforcing this duty.2 Though the Governors recognize that this case "test[s] the limits of