The Attorney General's office filed the appeal of the decision on Monday.
On Dec. 9, Judge Sheila Rappaport ruled against the state in the case that was brought by a family from rural Colorado. Anthony Lobato felt the education available to his daughters in Center, Colo. was not equal to other districts.
In her ruling, Judge Rappaport said, "The public school finance system is irrational, arbitrary, and severely underfunded."
In the appeal, Suthers' office says Colorado's Taxpayer's Bill of Rights (TABOR) should not be considered in the decision.
TABOR limits state funding and requires a public vote for tax hikes.
Suthers' office also claimed the judge should not have tossed out some testimony.
The case, Lobato vs. State of Colorado, was filed in 2005.
In November, Colorado voters overwhelmingly turned down a new tax to fund public education.
Click here to read the entire court filing.
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