Judge Tells Honig to Stop Using Public Funds to Push Initiatives

SACRAMENTO — Superior Court Judge Joseph DeCristoforo on Friday ordered state schools chief Bill Honig and the Department of Education to stop using public funds to support ballot initiatives.

At issue was an allegation by Proposition 71 opponents that Honig and the department promoted the June 7 initiative in a study published in November, 1987, and in materials sent home with children to voters.

“The judge indicated there was no question that public funds were being used for advocacy purposes,” said Jonathan Coupal, an attorney for Pacific Legal Foundation, which filed the suit.

Although the court’s temporary restraining order applied to all ballot measures, it was sought for Proposition 71, which would allot more state money to schools by revising the 1979 Gann spending limit. Honig is the measure’s sponsor.

The Department of Education said it intends to appeal the court’s order on grounds that the brief policy statement at issue “was entirely proper and in keeping with the department’s official functions.”