Posted on 01/06/2006 8:07:53 AM PST by MRMEAN
The Dover Area School District might learn as early as next week how much it owes in legal fees for its losing court battle over intelligent design.
Those fees will exceed $1 million, said Witold Walczak, a lawyer with the American Civil Liberties Union, one of the organizations that represented 11 Dover parents who successfully sued the district to have the intelligent design policy rescinded.
Walczak and another lawyer involved in the case said they were uncertain whether the fees would approach $2 million. He said the total could be known as early as next week or by the end of the month.
A federal judge last month ruled that Dover's policy on intelligent design was religiously motivated and in violation of the First Amendment's establishment clause, which bars government from forming or endorsing a religion. In his ruling, U.S. Middle District Judge John E. Jones III held the district liable for legal fees.
The Dover policy required that ninth-grade students be told that evolution is "not a fact" and that intelligent design is an alternative explanation to the origin of life. Proponents of intelligent design say that some aspects of the universe and life are so complex that they might be the work of an unspecified intelligent designer.
In related news, the district formally discharged the law firm that represented it in the intelligent design trial and will refer all legal issues on the matter to its solicitor -- who warned the school board more than a year ago against adopting the intelligent design policy.
The solicitor, Stephen Russell, said in an interview that he will recommend that the school board not try to seek reimbursement of legal fees from former board members who advocated adoption of the intelligent design policy.
"I have a problem with board members being sued for taking actions that are later found to be wrong," Russell said. "Nobody would run for office."
Nor should the district try to recover legal fees from the Thomas More Law Center, the Christian law firm that represented the district in the case, Russell said.
The district's insurance carrier probably won't pay anything toward legal fees, in part because the school board last year rebuffed the insurer's offer to provide lawyers to represent the district in the intelligent design case, Russell said. The district instead retained the Thomas More Law Center, which represented the district at no charge.
"I'd be surprised if the insurance company would help the district," Russell said.
The insurer also might be dissuaded from making a payout based on the written warning Russell gave to district Superintendent Richard Nilsen on the subject of intelligent design on Aug. 27, 2004, two months before the school board adopted the policy.
In the e-mail to Nilsen, unveiled during the trial in Harrisburg, Russell said, "It may be very difficult to win the case" because it would be perceived that the intelligent design policy "was initiated for religious reasons."
Russell said yesterday he was pleased that Jones agreed with him but not surprised. He said several school board members "were hell-bent on getting what they wanted."
Russell informed the Thomas More Law Center on Wednesday that its services were no longer needed by the board, which on Tuesday voted to rescind the intelligent design policy and not appeal Jones' ruling.
"We're officially done," said Richard Thompson, president of the law center. "This case cried out for an appeal, and it was developed for an appeal. But basically, there are no options at this point."
Seven school board candidates opposed to the intelligent design policy were swept into office by Dover voters in November, four days after the six-week trial ended. An eighth candidate, also opposed to the policy, was elected this week in a re-election held in one precinct because of an apparent voting-machine malfunction.
After the lawyers who represented parents opposed to the Dover policy tabulate their legal fees, they will present them to Russell. If the two sides can negotiate an agreement, the case will end.
Parents in the district were represented by the ACLU, Americans United for the Separation of Church and State, and the Pepper Hamilton law firm in Philadelphia. As many as six Pepper Hamilton lawyers -- including one whose hourly rate is $400 -- were in the courtroom during parts of the trial.
If the two sides can't agree on legal fees, the district could take the issue to court, before Jones. If he were to rule against the district, it would be responsible for paying any additional fees incurred by the plaintiffs to address the fee issue in court.
"This is not about skewering the school district," Walczak said. "This is about recovering our fees."
At the ACLU, "We don't charge our clients," Walczak added. "Very few people can afford to fight in court on matters of principle. The fact we are willing to do cases at no cost to our clients is an important guarantee of constitutional rights."
In December 2004, Pepper Hamilton, the ACLU and Americans United offered not to seek legal fees if the district dropped its intelligent design policy. The district refused.
Russell said a budget surplus and shifting of spending priorities could help defray some of the legal fees. He said some people have inquired about making donations to help cover the costs.
BILL SULON: 255-8144 or bsulon@patriot-news.com.
Congratulations lefties, Commies, and God haters. You have just contrubuted to even worse education for these children, now due to lack of funds. Pat yourself on the back, you have retained your dictatorship.
It's not "lefties, commies, and God haters" who incurred all of this useless expense. It's the former school board that rightfully got turned out of office, and LOST their dictatorship. It's a shame they decided to waste all that money this way, but they did.
Why didn't they ACLU represent these parents pro-bono. Just curious.
The solicitor, Stephen Russell, said in an interview that he will recommend that the school board not try to seek reimbursement of legal fees from former board members who advocated adoption of the intelligent design policy.
"I have a problem with board members being sued for taking actions that are later found to be wrong," Russell said. "Nobody would run for office."
That's disappointing. The only people who should have to pay for the inanity of the board members are those board members.
It's about accountability. If you promote an agenda that's so flagrantly un-Constitutional that you have to hide it, and lie about it on the stand, then you don't deserve to be shielded from the consequences.
Actions taken in good faith are one thing. But actions taken in bad faith? They should pay the bills.
"Nobody would run for office"? We don't need more people like that running for office.
Why didn't they ACLU represent these parents pro-bono. Just curious.
They did
Parents in the district were represented by the ACLU, Americans United for the Separation of Church and State, and the Pepper Hamilton law firm in Philadelphia. As many as six Pepper Hamilton lawyers -- including one whose hourly rate is $400 -- were in the courtroom during parts of the trial.
Yeah, but that's just saying their normal rate was $400/hr. They did this work for the ACLU pro bono.
My point is the fees aren't free someone is going to pay the ACLU.
You are wrong. ACLU lawyers are mostly private lawyers (sometimes lawschool professors) who do part time work for the ACLU pro bono.
Whatever, enjoy your time on this earth.
Oh, you're sending me to hell for disagreeing with the "God" position? Well, judging by the other responses on this thread, I'll have a lot of good company. I don't think you got the agreement here you were expecting. :)
So we don't support "loser pays" anymore?
Again. Whatever, enjoy your time on earth.
ACLU attorneys risk not being paid only in cases they lose. In cases where a citizen establishes that government action infringed upon a protected right, his attorney fees and court costs are assessed against the losing government unit.
Is that your response to anyone who disagrees with you?
You must have an exceptionally weak position, if you can't defend it.
Blowfish, highball, you can have seats next to me! I'm going there too! :)
I'm not mistaken.
The original question was why did the ACLU charge the parents to take the case. The ACLU did not charge the parents to take the case. They did it pro bono. Now if they can get paid by the losers after the case that's their business. But the the ACLU lawyers worked pro bono in the first place.
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