Arizona high court will let judge decide Prop 208 case
PHOENIX (AP) — The Arizona Supreme Court on Friday rejected a request from Republican lawmakers who asked it to bypass a lower court judge and immediately rule that a tax on the wealthy to fund education that was approved by the state’s voters in 2020 can’t be enforced.
The ruling from the high court said it would not interfere with Maricopa County Superior Court Judge John Hannah’s handling of the case. Hannah has been considering how to rule since early January, and GOP lawmakers contend that he’s stalling. He has until March 11 to issue a decision.
The Supreme Court’s order Friday rejected that definition of Hannah’s job and said said it will not deny the proponents of the new tax the opportunity to contest the legal conclusion drawn from the facts Hannah is weighing.
The spending cap passed by voters in 1980 has been a major issue this legislative session, and the House and Senate waived its provisions for this budget year on Monday. Schools were going to hit their limit by March 1 and would have been forced to enact major spending cuts because they can’t legally spend more than the $1 billion the Legislature has already appropriated for the current school year.
Proposition 208 imposes a 3.5% tax surcharge on income above $250,000 for individuals or above $500,000 for couples.
The Invest in Education Act was backed by education advocates across Arizona and was an outgrowth of a 2018 teacher strike that resulted in educators getting a 20% pay raise but fell short of other major school funding boosts.
