Honorable Michael J Dunleavy

Summary

The court held that Alaska's Constitution implicitly requires annual appropriations and therefore prohibits the legislature from forward-funding public education with revenues from a future fiscal year. Because the challenged education appropriations were unconstitutional, the governor had no duty to disburse them, and the superior court's summary judgment, final judgment, and attorney's-fee awards were vacated or reversed. The court also concluded that any failure to faithfully execute the appropriations was de minimis under the circumstances.