Legal Analysis: Constitutional Implications of Washington Supreme Court's Remedy in McCleary vs. State
by Phil Talmadge
Washington Policy Center
May 01, 2014
Washington Policy Center recently asked Judge Phil Talmadge to review the state supreme court’s January 2012 decision in McCleary v. State of Washington. The Court determined that the State has not met its constitutional obligation under the Washington Constitution to adequately fund K-12 education. Judge Talmadge served as a supreme court justice from 1995 to 2001 and was a state senator representing West Seattle from 1979 to 1995. In this analysis Judge Talmadge looks at the court’s role in interpreting our constitution in the area of funding public education and in finding the legislature had failed to fulfill its constitutional duty. He notes that while the court certainly has the authority to compel compliance with its decisions, no one wants the case to provoke a crisis between the judicial and legislative branches of our state government.