Huntsman, Valentine hope top court will act on vouchers

While Utah GOP House leaders are ready to move into a special legislative session looking to solve the private school voucher mess before a Nov. 6 public vote, Gov. Jon Huntsman Jr. and Senate Republicans want to wait to see if the Utah Supreme Court will bail out the other two branches of government.

"It's premature" for Huntsman to call a special session, said Senate President John Valentine, R-Orem. "Let the courts have their constitutional responsibilities fulfilled first."

"In the short term, the governor wants to wait for the courts," said Lisa Roskelley, spokeswoman for Huntsman. Thus, Huntsman's consideration for a special session "is not imminent."

However, if the high court doesn't soon provide "clarity" on the voucher referendum vote, both the governor and Valentine say the executive and legislative branches will have to act.

"We believe the (Supreme Court) is on the fast track" to make a decision, said Roskelley.

But, actually, it may not be on the "fast track" to make a broad voucher decision that adds "clarity."

That's because to get before the high court the question of whether the Nov. 6 referendum would really install or repeal vouchers in Utah, a State Board of Education decision last week not to implement vouchers via HB174 must be appealed.

And while the pro-vouchers groups — the logical plaintiff in such a suit — has 30 days to appeal the state board's action, in fact for political and public relation reasons they may not want to.

And so far leaders on the pro-voucher side say there has been no movement to challenge the board.

That leaves the high court to just decide whether the ballot language written for Nov. 6. is proper or not — a separate suit that has nothing to do with the state board's refusal to implement vouchers now.

Ultimately, that very limited issue of proper ballot language may not be broad enough for the Supreme Court to rule on whether the Nov. 6 vote is a clear up-or-down decision by citizens on vouchers — something Huntsman and GOP legislative leaders all say they want.

The high court will hear oral arguments Friday on the ballot language question. There is no scheduled hearing on the issue of whether HB174 would implement voucher law if voters repeal the original voucher bill — HB148 — on Nov. 6.

"I would be very antsy if we don't have" a broad voucher clarity decision from the high court by September, said Valentine.