During the trial, a new state superintendent was elected. The new superintendent, John Brock, announced that his office would drop its defense and side with the Council, a major blow to the defense. On May 31, 1988, Judge Ray Corns found in favor of the plaintiffs, declaring that the school finance system was "unconstitutional and discriminatory".[70] Two days later, the defense announced that it would appeal the ruling to the Kentucky Supreme Court, but recently elected governor Wallace G. Wilkinson refused to join the appeal and supported Judge Corns' ruling.[71]