Judge Kelley: Donation from state lawyer in voucher case won’t affect ruling

In July, District Judge Tim Kelley rejected an injunction that sought to stop the state’s new and controversial school voucher program from taking effect, saying he did not have the jurisdiction to rule because doing so would have created a budget deficit. Kelley is expected today to rule on the constitutionality of the program, after repeatedly saying during the trial this week that he doesn’t think lawyers’ testimony is needed in the Baton Rouge lawsuit challenging Gov. Bobby Jindal’s statewide voucher program. On Thursday, Kelley told Daily Report he was unaware that an attorney for the state Department of Education in the voucher trial, Jimmy Faircloth, had donated $1,000 on Oct. 24 to his recent, failed campaign for the District 5 seat on the Louisiana Supreme Court. Faircloth, a former member of Jindal’s executive counsel, is representing the state as a private attorney. “It doesn’t affect how I decide things,” Kelley says of his campaign contributions. “Bottom line: We’re not supposed to look at those things. That’s why we have campaign committees.” Faircloth’s contribution to Kelley’s campaign came from his Alexandria law firm, The Faircloth Law Group. Both Faircloth and John White, state education superintendent, argued in July that an injunction would lead to a $3.4 billion hole in the state’s education budget, stemming from the money Louisiana currently spends on state aid for school operations via the Minimum Foundation Program. —Adam Pearson