breaking news
The state Supreme Court order in which
justices reclaimed control over the Lake View school funding case.
PER CURIAM
Because of noncompliance with our November 21, 2002, opinion of
this court, we recall our mandate in this case forthwith. This
court will appoint a master, whom we will name, and we will
delineate his or her responsibilities by per curiam.
Under Amendment 80, Section 2(E), this court has the power to
issue and determine any and all writs necessary in aid of its
jurisdiction and to delegate to its several justices the power to
issue such writs. This court will consider and decide what remedy
or writ is proper to assure compliance.
Special Justice Carol Dalby joins.
Justice Hanna concurs.
Justice Imber not participating.
CONCURRING OPINION
Jim Hannah, Associate Justice
Because this court certainly has jurisdiction to recall its
mandate, and because it is apparent that a noncompliance hearing is
going to be held, I concur. However, I do not see that it matters
whether that hearing occurs at the circuit court level where the
new action is currently pending or as a result of recalling the
mandate. I am concerned about the precedent we may be setting.
Posted by Mike Hellgren
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