Senate limits fees D.C. taxpayers have to shell out

Human Events, Nov 19, 2001

On November 7, by a 51-to-49 vote, the Senate passed an amendment limiting the attorney fees the District of Columbia can award in certain lawsuits brought against the D.C. school board.

Federal law requires school districts to provide special accommodation for students with learning disabilities or other disadvantages. Parents can sue school districts if they disagree with the district's finding that a student does not need special treatment. In addition to ordering the school to accommodate students, courts also order the school board to use tax dollars to pay for the plaintiff's attorney fees.

Sen. Kay Bailey Hutchison (R.-Tex.) proposed an amendment to the D.C. appropriations bill (HR 2944) that would have, in D.C., prevented the awarding of attorney fees in cases where the attorney charged over $150 per hour or $3,000 in total. The measure would also allow the superintendent of schools, together with the mayor to waive the limitations.

Hutchison argued, "We want to improve the quality of education for the District of Columbia. Our amendment will preserve an estimated $44 million for special education funding in the District."

Democrats have long been loathe to put any restrictions on trial lawyers, and Sen. Richard Durbin (D.-III.) led their opposition to Hutchison's amendment. "What the Hutchison amendment does is to close the courthouse door, close the opportunity for administrative hearings for children who are seeking special education in the District of Columbia."

After passing Hutchison's amendment, the Senate approved 73 to 26 an amendment by Durbin exempting from the limitations suits involving children from poor families, children with a disabled veteran as a parent, or neglected or abused children.

A "yes" vote was a vote to limit taxpayer liability for attorney fees in cases against the D.C. school board. A "no" vote was a vote against the measure.

FOR THE AMENDMENT (51)

DEMOCRATS FOR (3): Byrd, Feinstein and Miller.

REPUBLICANS FOR (47): Allard, Allen, Bennett, Bond, Brownback, Bunning, Burns, Campbell, Chafee, Cochran, Collins, Craig, DeWine, Domenici, Ensign, Enzi, Fitzgerald, Frist, Gramm (Tex.), Grassley, Gregg, Hagel, Hatch, Helms, Hutchinson (Ark.), Hutchison (Tex.), Inhofe, Kyl, Lott, Lugar, McCain, McConnell, Murkowski, Nickles, Roberts, Santorum, Sessions, Shelby, Smith (N.H.), Smith (Ore.), Snowe, Stevens, Thomas, Thompson, Thurmond, Voinovich and Warner.

INDEPENDENTS FOR (1): Jeffords.

AGAINST THE AMENDMENT (49)

DEMOCRATS AGAINST (47): Akaka, Baucus, Bayh, Biden, Bingaman, Boxer, Breaux, Cantwell, Carnahan, Carper, Cleland, Clinton, Conrad, Corzine, Daschle, Dayton, Dodd, Dorgan, Durbin, Edwards, Feingold, Graham (Fla.), Harkin, Hollings, Inouye, Johnson, Kennedy, Kerry, Kohl, Landrieu, Leahy, Levin, Lieberman, Lincoln, Mikulski, Murray, Nelson (Fla.), Nelson (Neb.), Reed (R.1.), Reid (Nev.), Rockefeller, Sarbanes, Schumer, Stabenow, Torricelli, Wellstone and Wyden.

REPUBLICANS AGAINST (2): Crapo and Specter.