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Districts withdraw education lawsuit


by Brandon Larrabee, Morris News Service

September 17, 2008

The long-running lawsuit accusing state officials of skimping on education spending took another twist Tuesday, as the more than 50 school districts behind the case decided to withdraw the suit and start over.

The decision was prompted by the loss of Fulton County Senior Judge Elizabeth Long, removed from the case as part of a state cost-cutting strategy to stop using semi-retired judges in the face of a looming budget crisis.

That and the assignment of the case to a judge who once served as the chairman of the Fulton County Republican Party caused the Consortium on Adequate School Funding in Georgia to withdraw the case, saying they weren't confident Judge Craig Schwall would give them a fair hearing.

"His political philosophy is well known, and it's a political philosophy that's not conducive to a fair hearing," said Joe Martin, executive director of the consortium.

Martin's group argues that the state hasn't spent enough to ensure all children can get a quality education. State officials counter that the state does enough and that a victory for the consortium would spark a tax increase.

Gov. Sonny Perdue said the move marked a win for the state after both sides have spent millions of dollars in legal fees.

"The plaintiffs' decision to withdraw this case is a victory for Georgia citizens who have been paying both sides of this lawsuit. ... And millions of dollars later, the Consortium failed to demonstrate the central premise of its flawed argument: that increased funds always increase student achievement," he said in a statement issued by his office late Tuesday.

The governor also blasted the consortium for its criticism of Schwall, a Perdue appointee.

"Before Judge Schwall could even make a ruling, the Consortium baselessly accused him of not being impartial, retreated and expressed plans to file again in a transparent attempt at forum shopping that undermines the most basic principles of this country's legal system and the rule of law," Perdue said.

He said the group reserves the right to file a new lawsuit later, addressing some of the concerns of larger, urban school districts that have been leery of the case, in a different county.

"To continue along a course that is unlikely to succeed wouldn't be good for the case," said Joe Martin, executive director of the consortium.

Schwall is known for being outspoken; he wrote a harsh letter blasting the first judge in the case of accused Fulton County Courthouse killer Brian Nichols. Schwall actually succeeded Rowland Barnes, who was allegedly killed by Nichols and who was scheduled to preside over the school funding case before his slaying.

And the Georgia Supreme Court once unanimously rebuked Schwall for his actions in a court case he heard involving a church dispute.

Schwall did not return a message Tuesday seeking a response.

Oglethorpe County Superintendent Jeffery Welch, president of the consortium, said the group could take advantage of the delay to again negotiate with the state and try to reach a settlement, particularly in light of the tough budget situation.

"It all depends, I think, on what the state wants to do," Welch said.

Tom Eaton, a law professor at the University of Georgia, said it sounded like the school districts were engaging in a common legal maneuver to find a more sympathetic judge for their case.

"This sort of thing sort of qualifies as 'forum-shopping,'" he said.

But Martin said there was nothing requiring the lawsuit to be filed in Fulton County. He noted that a similar case in the 1980s was heard in Polk County.

"We know that we've run into a roadblock in Fulton County," he said. "We'll look for the best place."


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