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that represented 11 Dover parents who successfully sued the district to have the intelligent design policy rescinded.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.
An excellent point. Unfortunately, for too many "conservatives," judicial activism is okay so long as the new laws made up fit their political agenda.
The only "activists" in this case were the nutballs on the school board who lied and connived to change the science curriculum to suit their personal religious beliefs and preferences, and the fanatical zealots in the anti-Evo PR organizations and the law firm who egged them on.
We have a winnah, folks....
Actually, I know someone that the AG did file against to recover for his school debts. They don't break legs; they use process servers and lawyers. It tends to be more effective.
True story. A couple of years ago, I consolidated what I had left of some student loans, but one of them didn't make it onto the stack for some reason. In the interim, after consolidating, I moved and pretty much forgot about it in all the shuffle and haste of moving. Until one day Elliot's boys delivered some registered mail to me, that is. Never wrote a check so fast in me life ;)
And even more frequently, "judicial activism" is nothing more than a buzzword used to describe an opinion someone doesn't like and doesn't understand the law behind.
There are actual judicial activists, but they are nowhere nearly as common as some would have you believe.
LOL -maybe they should -I mean when they took the oath what did they pledge and to who did they pledge? Did the pledge to God or to the moral relative secular humanist deity of self, feelings and situational ethics that leftists worship - really why pledge upon absolute truth if not pledging to the one true God that establishes such truth absolutely?
If truth is absolutely and objectively based then NO they should not lie regardless of any oath or pledge; however, IF truth is moral relatively based and subjectively determined how can one determine WHO lies or if any lie -WHO is to judge objectively what is absolutely premised when even God who establishes such absolute premise is not considered real?
Absolute and basic human inalienable rights derive from our Creator as do responsibilities, moral laws etcetera... Take away the Creator -take away what He created...
Are they going to Hell for that?
If they lied -they may be going to hell -who knows -only God... They of course can repent and be forgiven etcetera...
Deterioration Placemarker.
"repent and be forgiven etcetera" placemark
Laugh-a-minute Christians lying under oath placemarker.
When you are willing to actually listen, and not just blindly rant, then get back to me.
Thanks but NO THANKS! Keep the hatred all to yourself in the future...
LOL
Ah, that's rich. The "there is no morality if you don't subscribe to my religion" ploy.
As though the only reason adults do the right thing is because we might get punished if we don't.
And my pointing that out is "hate."
Are fires caused by firemen?
It's hardly "hatred" to point out that these "good Christian" school board members lied and lied and lied and lied and when they got caught they lied some more....
Simply pointing out the absurdity... LOL
Did they pledge to tell the truth so help them God or not? Simple observation that objectively say quite much regrding that which underlies the controversy that this case just touches the tip of... In my opinion the real issue is WHY is the state eradicating God from public institutions?
Are lies caused by Christians? LOL you make your own hole and fall into it...
Conflating "good Christian" with lying lying lying is nothing more that anti-Christian bigotry bigotry bigotry... Really simple concept...
They might have, they might not have. It's not required in most courts - in most jurisdictions one may simply "affirm" when they're sworn in.
n my opinion the real issue is WHY is the state eradicating God from public institutions?
False question. This isn't about "removing" anything - it's about the school board trying to insert their personal religion into science classes to the exclusion of all others in what they knew was a clear violation of the Constitution (or they wouldn't have tried so desperately to hide it).
I never said they were. I said Christians lied, and under oath, at that.
Ever read for comprehension?
LOL you make your own hole and fall into it...
Speak for yourself.
You want a piece of me? LOL
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.