North Carolina Superintendent of Public Instruction June Atkinson had her day in court as she tries to force the Governor to put her back in charge of running the state's public education initiatives.

Dr. Atkinson sued Governor Bev Perdue and the State Board of Education in April after former Cumberland County Superintendent Dr. Bill Harrison was appointed Chief Operating Officer of the Department of Public Instruction and Chairman of the State Board. 

Judge Robert Hobgood heard arguments in Wake County Superior Court Wednesday morning.

"This case is about whether the State Board of Education has authority to strip the Superintendent of Public Instruction of her duties and transfer those duties to sanother person," said Bob Orr, the plaintiff's attorney.

Atkinson's lawsuit asks the judge to declare the scope of the state schools superintendent's constitutional powers.

"Her position hasn't been taken away from her.  She woke up today as superintendent," said the state's counsel Mark Davis, "the duties are just not the ones she wants."

A 1995 law gave the state school board flexibility to shape the superintendent's job, and the power of the post since then has depended on who held the job.

Perdue selected Harrison to run the day to day operations of the Department of Public Instruction and sit on the board as one of 13 voting members.

"There can only be one boss," said Daivs.

The state's position is that Atkinson can manage whatever the state board delegates.

Atkinson's attorneys argue,the Governor with Harrison's appointment eliminated the superintendent from any meaningful role.

Orr said the state must pass a constitutional amendment for that to happen and until then, Atkinson wants the job nearly 2.2 million voters selected her to do.

"I believe that I need to be intergral to the decision making process to carry out state board policies. And as it exists today, that is not clear and that brings me heartburn," said Dr. Atkinson. 

Judge Hobgood will rule on the matter Friday at noon.