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Tuesday, March 17, 2009

Courts - Federal Judge awards attorneys fees in Kentucky ten commandments case

From the AP, a story in the Lexington Herald-Leader that begins:

A federal judge has ordered a pair of southern Kentucky counties to pay $393,798 in attorneys fees stemming from their defense of posting the Ten Commandments in courthouses.

The Lexington Herald-Leader reported that U.S. District Judge Jennifer B. Coffman ruled that Pulaski and McCreary counties must pay the funds to two attorneys from the American Civil Liberties Union of Kentucky.

The ACLU of Kentucky successfully challenged the displays in federal court in a legal battle that started a decade ago. But the attorney for the counties, two of the poorest in Kentucky, says they don't have to pay yet because parts of the case remain unsettled on appeal.

Mathew Staver, who represents both counties, said insurance companies may cover the legal bill if the counties ultimately have to pay.

Staver, founder and chairman of the Christian legal group Liberty Counsel, said if the counties win the case on appeal, they wouldn't have to pay the ACLU.

McCreary County Judge-Executive Blaine Phillips said he doesn't think the county's insurance policy would cover its share of the payment.

Phillips said McCreary County might seek donations if it has to split the cost of the Ten Commandments fight with Pulaski County.

"That'll be a hard pill to swallow" if the county has to pay the judgment, Phillips said.

The counties disputed the fee request, calling it unreasonable and claiming the attorneys spent too much time on tasks like legal research and sought fees that were too high.

Coffman noted that the case consumed 1,300 work hours over 10 years by lead ACLU attorney David A. Friedman, with assistance from William E. Sharp.

Coffman also noted that the counties' own actions ran up the legal bill in the case.

The counties took the case to the U.S. Supreme Court in 2005, rather than settling, and lost.

Posted by Marcia Oddi on March 17, 2009 03:30 PM
Posted to Courts in general