BREAKING: Governor Appeals Judge's Upsetting Education Funding Ruling To 9th Circuit, Opposes $45k Attorney's Fees

Last month's ruling that caused Arizona Governor Doug Ducey to call for the judge an "embarrassment" and call for him to retire from the federal bench has now been appealed to the Ninth Circuit. The ruling stated that the Governor had acted illegally in implementing the Prop. 123 education funding scheme.

The Governor's attorneys are also opposing the plaintiff's attorney's application for $45,000 for fees. Attorney Andrew Jacob was asked by U.S. District Court Judge Neil Wake to represent plaintiff Michael Pierce pro bono (without fees); however, Jacob notes in his application that previous Ninth Circuit opinions make it clear that that does not disqualify a successful litigant from being awarded fees, anyway.

The Governor makes the argument that the state's sovereign immunity prevents Pierce from obtaining the fees award, and that the nature of this action does not provide for the successful party from receiving its attorneys fees. The Reply - filed today - argues that the Eleventh Amendment of the U.S. Constitution permits an award in the case of "bad faith litigation tactics." In its harshest language:

Governor Ducey violated the Enabling Act in bad faith because the language in the
Act requiring prior Congressional approval was clear and because the Governor’s
argument that this language was no longer in effect bordered on frivolous. Governor
Ducey’s vigorous defense of his actions was improperly oppressive because he intended to exhaust the efforts of pro bono counsel rather than to prevail on the merits. This is sufficient bad faith to award fees as a sanction without violating the Eleventh Amendment.

The Plaintiff's argument reflects the Court's September 30 Order that so enraged the Governor. Ducey and his staff then mercilessly blasted Judge Wake, calling him an "embarrassment", and that the decision was "incoherent", "biased", and "terrible".

While the Court found that Prop. 123 was illegal, it did not order a halt to the funding method that remains in place until it expires in 2025.

The Ninth Circuit has set January 27 as the deadline for the Governor's Office to file its Opening Brief.

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