Mandel v. Myers

BIRD, C. J., Dissenting.

I write separately because I join in part" the reasoning, if not the rhetoric, of my dissenting colleague.

The facts are clear. The Legislature has never appropriated funds to pay for the attorney fees requested in this case. In fact, the Legislature has specifically refused to appropriate funds for this purpose.

I am sympathetic with the majority’s desire to see this legally valid judgment honored. However, I am disturbed by the majority’s avoidance of the real issues by finding that the legal fees were authorized by the Legislature. All the objective facts point to a…