Arkansas Blog

It's times like this where I don't regret my decision to forgo the next 3 years of my life in lieu of Law School.

God bless America.

Max, I agree with almost all of this post, but I'm flabbergasted by the first paragraph. Do you think we're all so stupid as to not know that thousands are spent by the District defending itself from John Walker's frivolous, idiotic suits? The man is supporting himself into his old age on federal subsidies. It's so much easier than making an honest living.

ARK. BLOG: The pending desegregation lawsuit is the continuation of a lawsuit brought by the district itself, not Walker, though he indeed is an intervenor and, in that role, undoubtedly the "cause" of some of the legal bills. (Unless you believe the cause are unconstitutional practices and the district's sometimes halting efforts to right them.) But my reference is only to payments to John Walker's firm (not just Walker himself) BY the school district. The last payment, of $12,000, was in 2003. $28,000 in 2002. $32,000 in 2001. $46,000 in 2000. $616,000 in 1999. If your reference is to the possibility that Walker and his firm have won fees in, for example, employment actions, I don't have those figures handy. I presume the School District's able counsel, the Friday Firm, which has taken in millions in district representation wouldn't go along with payment of frivolous claims But federal subsidies? I don't know what you mean there.

I thought the federal government payed Walker for his role in the suit? If I'm wrong, then I'll admit ignorance.

There's no question he's dragged it on forever. Whoever is paying his legal fees is certainly sapping the school district in that they have defend against this. You've written extensively about his demand to "settle" a case he lost.

ARK. BLOG: Nope, no federal money. They were never a defendant. State put up most of the money in his one big payday. He works without fees for years on end. He undoubtedly will seek some fees in the pending case. And, yes, I still can't see the wisdom of settling a case that LRSD won. Walker's argument is that there needs to be a mechanism in place to make sure the district doesn't backslide on its commitments. I think that's the board and administration's job. But, given the history, you can't dismiss his argument out of hand.

I'm amazed that you're complaining about the rates attorney's charge. Do you have any clue about how these rates compare to other firms? First, I'm certain that in any big city, these partner's rates are much more comparable to young associates rates. Second, even among Little Rock firms worth their salt, these rates are relatively low. See if you can hire Byron Eiseman, Steve Quattlebaum or Allan Gates for $275 an hour.

ARK. BLOG: I'm complaining more about plaintiffs' lawyers billing for a ridiculous number of hours in a case they essentially lost.

"I thought the federal government payed Walker for his role in the suit? If I'm wrong, then I'll admit ignorance."---Prouster

As Max has pointed out, the funds for all of this comes out of the general funds the Arkansas General Assembly disperses. It has been iksome to state lawmakers, to other school districts, to school administrators, that for the past 50 years there has been a different yardstick to measure what the LRSD receives per student in tax money and what the other state's school districts receive in state money per student. 50 years of it. All because of the suits, tied up in federal court, federal mandates, lawyer fees, etc. The LRSD has been a "special" recepient of school funds far and beyond the rest of the state's schools. Hopefully that is coming to an end ----or has ended. We will see.

It doesn't matter to some people how many times they find out they are wrong about the same thing, it's always the first time. The reason the LRSD has been in court so long is that they followed the Bush method, which is to claim to be negotiating in good faith while in fact intentionally attempting to run out the clock. Go back and review the segregationists actions and you'll see a winning pattern. Please note, by LRSD I refer to the administration and its friends. Thus we have a land not of law but of subterfuge and tyranny. And all of those lies "for the children".

"God made everything out of nothing, but the nothingness shows through." Paul Valery

"I'm complaining more about plaintiffs' lawyers billing for a ridiculous number of hours in a case they essentially lost."

Maybe they should just petition the school board to seek mediation like Walker did for the case he lost.

ARK. BLOG: Make about as much sense as other things they've done so far.

Source: Letter from Chris Heller of the Friday Law Firm to LRSD and Dr. Roy Brooks, posted at http://www.lrsdparents.org/Docs/LRSD-vs-Walker_Unitary-Status.pdf

"history about this case and some
recommendations concerning Mr. Walker's proposal that we negotiate or mediate
with Joshua Intervenors.
· This lawsuit was filed by LRSD in 1982. Joshua intervened several years
later, after LRSD had established the liability of the defendants.
· In 1989, the parties (LRSD, NLRSD, PCSSD, the State, the Joshua
Intervenors and the Knight Intervenors) reached a comprehensive agreement
which included desegregation plans and a financial settlement. The Joshua
Intervenors were paid attorneys' fees of $3,150,000, of which LRSD paid
two million dollars ($2,000,000).
· LRSD's payment of two million dollars was based on an agreement that
Joshua would not seek future fees from LRSD for monitoring activities
during the life of the settlement plans.
· In spite of the agreement not to seek more fees, Joshua asked the district
court in 1995 for an interim award of attorney's fees in the amount of
$850,000 for monitoring work performed after the Eighth Circuit approved
the 1989 settlement agreement. Joshua later reduced its fee request to
$795,000, and claimed that LRSD should be responsible for seventy-five to
eighty percent of that payment ($596,250-$636,000)."

Obviously the LRSD with John Walker's flunkies in charge had to quit using the Friday firm because they had been successful in thwarting John Walker's extortion plans. I only hope some day to open my copy of the Arkansas Democrat Gazette to read about an investigation of John Walker for racketeering and extortion.

The Arkansas Times likes to make it sound like poor Mr. Walker hasn't gotten anything. Yet: "the Joshua Intervenors were paid attorneys' fees of $3,150,000, of which LRSD paid
two million dollars ($2,000,000)."

ARK. BLOG: We've written it repeatedly. It represented their first payment after more than a quarter-century of work. All the money didn't go to Walker. Over time, the Friday firm has been paid more than the Walker firm. The settlement was precisely because the argument of state-sponsored segregation prevailed. That's how lawsuits are supposed to work, not inflated payments for losing. Also, that was 18 years ago. During the interim, there's been the one additional payment, which the court approved. Also, last I checked, the Friday firm was still representing the LRSD. As I said, Walker, who's gotten not a dime in four years, remains the object of hatred, never mind the current run on the treasury by other lawyers.

Max writes...."So, yes, please. Get us out of court!" Ha ha ha. THAT one is funny! What have you been smoking, Max?????? These people specialize in not following district policy and breaking the law. They will NEVER be out of court!!!!!!!!!!!

Max also writes........."I presume the School District's able counsel, the Friday Firm, which has taken in millions in district representation wouldn't go along with payment of frivolous claims." Of course not......especially since the Friday Firm's notorious and "able" Chris Heller actually advises and assists LRSD/LRSB in breaking the law and violating people's civil rights. On a good day he turns his head and just looks the other way while they do it. On a bad day he tells them to go ahead with whatever illegal, disastrous, costly, unethical scheme they can cook up.....and on a REALLY bad day (for the taxpayer)....he helps them create their pandemic of civil rights violations and law-breaking.

But for Christ Heller and the Friday Firm, it is always a GREAT day when LRSD screws up (which occurs 365 days a year)......the cash register rings and the taxpayer foots bill. This corrupt oligarchy and its incompetent minions bulldoze ahead in utter boldness and confidence that no matter how badly they F*** up, that the magnificent Christ Heller will save their sorry asses (and he usually does). That's why unless the public demands accountability (which often unfortunately involves the courtroom as well as the ballot box), it will only get worse. These people are NEVER held accountable for their actions. In this respect they are similar to serial killers. The more they do it and get away with it the bolder, more brazen, more outrageous, and more destructive their crimes against education, against the kids, against their employees, against the public, against the law, and against the public treasury become.

So, Max, you are unfortunately right when you say that LRSD's "able counsel wouldn't go along with payment of frivolous claims." There AREN'T any "frivolous" claims against LRSD. Does anyone have any idea (other than the Heller-Man) jsut how much money LRSD pays out annually in damages to people whose civil rights they have violated? (excluding the deseg case and Joshua Intervenors). John Walker is a neophyte when it comes to milking the cash cow that is the LRSD. If they would just follow the damn law.....there wouldn't be all these outrageous legal fees, would there????

Max, what's the problem with plaintiff's lawyers getting their fees paid? You don't seem to have a problem with the defense getting theirs paid. You say that Eisle threw Brooks' case out of court. That is only partly true. That was AFTER he ordered LRSB to follow the damn law and policy and give the man his due process.

There is a legal and an illegal way to terminate an educator. If LRSD/LRSB had just followed district policy and the law, then all these fees and all this bullshit would not have been necessary. But then, LRSD/LRSB believe that policies and laws are meant to be broken. I don't think they can either define or even spell the word "legal." Unfornately for the rest of us....LRSD's "able counsel" isn't very interested in enlightening them, either.

So....I say, bring on the lawsuits. Let's keep them in court.......but lets keep it open and in the public eye......and maybe when the public finally gets sick of paying out money to the people they screw.......they will rise up and demand accounatability. (Does anyone hear hell freezing over???)

Following the law regarding termination no more means that you won't be sued than giving appropriate warnings as to hot beverages, or building reasonably safe products or not discriminating based on race or gender means you won't be sued. Dotting "i"s and crossing "t"s only means that you have a good chance of winning if/when you *are* sued. And if you can chart a course to settlement that takes away even a minimal chance of losing, as well as a virtual certainty of spending huge amounts and delaying resolution for years, it's not a bad thing to do.

Tap,

You write, "Following the law regarding termination no more means that you won't be sued than giving appropriate warnings as to hot beverages, or building reasonably safe products or not discriminating based on race or gender means you won't be sued."

You are right about that. But it does make a difference in the outcome of the case if the employer is acting within the guidelines of the law. If they follow the law and terminate someone "right," that person may sue, but if the employer followed the law, the odds are in the favor of the defendent (in this case, LRSD). If they follow the law, there is little need for huge settlements.

You also write..."Dotting "i"s and crossing "t"s only means that you have a good chance of winning if/when you *are* sued. And if you can chart a course to settlement that takes away even a minimal chance of losing, as well as a virtual certainty of spending huge amounts and delaying resolution for years, it's not a bad thing to do."

You must be a lawyer, Tap. Check out the federal cases against LRSD on PACER (it's also available at the federal courthouse). Look at the cases from the last 20 years, you will find that there are cases that DID and HAVE dragged on for years and years, only to end in settlement. In the case of LRSD settlements are NOT made to save money in legal fees, but rather to keep their misdeeds out of the public eye, to avoid hanging out their dirty laundry on how they break the law and violate students, parents, and employees civil rights.

The public might not want to vote on millage increases if they knew where their tax dollars really went. Do your research, Tap, and then I will be happy to debate with you. Also, for the record, what you call "dotting i's and crossing t's" is the difference between a person's civil rights being vilolated or not violated. Please don't make it sound so trivial. LRSD has a 50 year history of violating people's rights........and each violation represents a human being (or many) who's lives were sometimes irreparably harmed. The court records bear this out.