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Judge Robert H. Hobgood deferred one relevant question when he ruled last week in June Atkinson's case:

"The wisdom of having a 'Chief Executive Officer' appointed by the State Board of Education at a salary of $265,000 per year is not for this court to decide," Hobgood wrote.

He was referring to Bill Harrison, hired by the State Board of Education at that high pay grade to run the Department of Public Instruction.

Once the judge ruled that Harrison could not supplant the administrative authority of Atkinson, the elected state superintendent, Hobgood didn't have to decide the question. It was obvious there was no wisdom whatsoever in Harrison remaining in that position. Prudently, he agreed Wednesday to step down.

Atkinson had challenged Harrison's appointment, which the board made at the urging of Gov. Bev Perdue. The governor also placed Harrison on the State Board of Education as its chairman. The moves ensured a straight line of accountability from DPI to the board to the governor. For a while.

Hobgood tied that in a knot with his ruling that the state constitution empowers the superintendent to act as DPI's top administrator with the job of carrying out policies set by the board. The judge added that "any employee" of the department -- meaning Harrison -- "must be accountable and responsible to the State Superintendent."

Atkinson happens to be paid $123,198, less than half as much as Harrison, her subordinate.

But, in his other position as board chairman, Harrison would supervise Atkinson. Hobgood's decision left him as both her superior and subordinate, an impossible situation.

The state can appeal Hobgood's ruling, perhaps directly to the N.C. Supreme Court. But that could prolong the uncertainty for months. Meanwhile, Harrison and Atkinson likely would pull their complicated relationship into an even tighter knot and entangle other DPI employees in the conflict. Harrison's retirement -- Atkinson probably could have fired him, if she dared -- solves that problem. The issue now should be considered settled.

Perhaps later in her term, the governor can attempt another restructuring by legal means. The state constitution can be amended to delete the office of elected superintendent and allow the State Board of Education to appoint a CEO. But that won't be an easy sell. Public Policy Polling found that two-thirds of voters asked earlier this year favor an elected superintendent.

Now they have one who actually can wield the authority granted by the constitution. Perdue sought to make Atkinson merely an "ambassador" for education and to put the real responsibility, and bigger salary, in the office of an appointed CEO.

That job effectively belongs to Atkinson now. The only difference: She'll continue to receive the same $123,198 salary she's been paid, and not the $265,000 Harrison was getting. So it turns out taxpayers come out ahead, too.