Editorial: Do the right thing

Thursday, Nov. 2, 2006 | 7:18 a.m.

It only takes a modicum of common sense to know that having the state Tax Commission hand out refunds behind closed doors without ever having to explain a decision in public is bad for the state and the taxpayers.

The attorney general's office this week rightfully asked the state Supreme Court to hear its appeal of an inexplicable ruling by a District Court judge in Carson City that the commission was within its rights to give Southern California Edison $40 million without having a public debate or a public vote.

The attorney general, trying to save the taxpayers money, said he would wait until after next year's legislative session to appeal if the commission would agree. (The commission's legal bills are already more than $400,000 and the attorney general's office figured if the Legislature changes the law, the state would save the cost of the appeal.)

The commission demurred, saying the Legislature can't go back and solve the matter at hand. That means a court has to settle it and that means more money for the Tax Commission's attorneys, who are, ironically, using tax dollars to fight to keep the public from seeing how and why tax dollars are being refunded.

Of course it doesn't make sense, and that's why we commend the attorney general's office for pressing for an expedited hearing. While we've never been ones to guess on what the justices will do, we hope they can find the common sense to do the right thing.