Would you rather live in Washington or New Jersey?

Have you ever heard someone in this state say, “I wish Washington were more like New Jersey?” You’re more likely to see Bigfoot. But the Washington State Supreme Court has left state government at a crossroads. Unless caution is observed, Washington will become more like New Jersey — when it comes to taxes.

At issue is basic education, the paramount duty of our state government. Public support for education is strong. Our aerospace and high-tech jobs depend on an educated workforce. Yet for decades, elected officials allowed an increasing share of what should have been the state’s financial burden to be covered by local levy dollars.

The state Supreme Court properly recognized this legislative neglect in the 2012 McCleary decision. The problem is the Court also decided to play a political role when it “retained jurisdiction” over McCleary rather than letting the Legislature solve the problem on its own.

So how could this make Washington more like New Jersey?

In the 1960s and 70s New Jersey faced lawsuits over funding equity for public schools. In 1976, their legislature refused to comply with their high court’s order for additional funding. The Court ordered schools be shut down until the Legislature agreed to a new tax to fund court-mandated spending levels. As the Manhattan Institute’s Steven Malanga detailed in “The Court That Broke Jersey,” New Jersey’s legislature caved to the Court’s demands.

Not surprisingly, the new levels of funding were also ruled inadequate. New Jersey passed historic increases in sales and income taxes. Again, it was not enough. The Court continued to dictate increased spending and new programs at tremendous costs. Yet the desired outcomes in student achievement never came, leaving justification for ever more court involvement.

The branches of government are co-equal. If one branch loses its independence and become subservient to another, the balance of power is compromised.

The Washington Supreme Court’s decision last year limiting Island County commissioners’ power offers a glimpse of why this is important. Justice Charles Higgins wrote, “When the voters choose an elected official, they necessarily choose who will be responsible for the duties of that office. It would be fruitless to delegate the selection of county officers to the voters if the duties of those officers could be freely delegated to officers appointed by other government branches.”

To translate from “lawyer-talk” into English, “Elected offices have specific spheres of duty that can’t be taken over by other elected officials.” This same principle must also apply to the elected judges of our state’s highest court.

Radical progressives and some over-zealous editorial writers that have been unable to achieve their policy objectives through the legislative process are openly encouraging the Court to take the New Jersey route and impose taxes, close schools or both. Many see it as their best chance for an income tax (beginning with an income tax on capital gains).

And so it is.

If it can be said that the Court “made them do it,” politicians will get the outcome they wanted while avoiding direct responsibility. This will be especially important when an inevitable economic downturn hits and the volatility of the capital gains income tax is exposed. Revenue from the tax dives during downturns and politicians have to find it elsewhere to sustain programs. Typically, taxes on the middle class increase and/or the “tax on the rich” capital gains income tax becomes a general income tax. We’ve seen scenarios like this play out recently in Connecticut and California.

The Senate Republicans and our coalition partners have already added more than $4.6 billion to the K-12 education system without a general tax increase. We also intend to be sure that it is the Legislature, not the Court, determining appropriate spending levels.

After all, Washington doesn’t need to be more like New Jersey — especially when it comes to income taxes.

State Sen. Phil Fortunato (R-Auburn) represents the 31st Legislative District, which includes portions of King and Pierce counties.