TOPEKA -- (June 29, 2015) -- Kansas Attorney General Derek Schmidt today asked the Kansas Supreme Court to put on hold a lower court's order to increase school funding while the Supreme Court considers the state's appeal.
In a motion requesting a "stay" of the lower court decision, which was issued Friday, Schmidt noted that the lower court's order breaks new legal ground in several regards, including attempting to reinstate laws that the Legislature repealed months ago. He also noted that the lower court went so far as to declare unconstitutional provisions in two laws that had not yet been enacted when the court conducted its most recent hearing in the case.
“The Court stayed the Panel’s judgment for the duration of the last appeal, with good reason. There is even more reason to stay the Panel’s decision pending this appeal,” Schmidt wrote in the motion.
The three-judge panel issued its ruling last Friday about one hour after the Legislature adjourned for the year. Schmidt immediately filed a Notice of Appeal declaring the State's intention to appeal the ruling.
A copy of the state’s motion requesting a stay can be found here: