The controversy surrounding Gov. Nathan Deal’s removal of six DeKalb Board of Education members has been distilled down to two constitutional questions and presented to the state Supreme Court.
I hate to think of the chaos if the state’s highest court, which has six months to rule, invalidates the governor’s appointment of six new members.
The court sent out this notice today:
The DeKalb County school board case, in which many media have expressed an interest, has just been docketed in our court. Please see the attached order certifying the questions the federal judge is asking this court to answer.
This case will be handled by the Supreme Court of Georgia like any other. The court has up to two court terms from the time it’s filed here – which is about six months – to make a decision. If the parties request oral argument, this Court will hear the case, as opposed to considering the case based purely on the briefs.
The brief from the “appellant” – the DeKalb County School District and Dr. Eugene Walker – is due within 20 days; the “appellee” – the Georgia State Board of Education and Gov. Nathan Deal – has up to 40 days to file its brief. Thanks.
Here are the questions being presented to the Georgia Supreme Court. The code cited in the the first question refers to the state law allowing the governor to remove school board members:
DOES O.C.G.A. § 20-2-73 VIOLATE THE GEORGIA CONSTITUTIONAL DOCTRINE THAT EACH SCHOOL SYSTEM SHALL BE UNDER THE MANAGEMENT AND CONTROL OF A BOARD OF EDUCATION, THE MEMBERS OF WHICH SHALL BE ELECTED AS PROVIDED BY LAW? OR
DOES THE POTENTIAL REMOVAL OF SCHOOL BOARD MEMBERS, AS PROVIDED FOR BY O.C.G.A. § 20-2-73, I EXCEED THE GENERAL ASSEMBLY’S AUTHORITY TO ENACT GENERAL LAWS REGARDING LOCAL BOARDS OF EDUCATION UNDER ARTICLE VIII, SECTION V?
–From Maureen Downey, for the AJC Get Schooled blog