• Setting the Record Straight – Award of legal fees to Fort Bend ISD

    January 2019

    The Houston Chronicle recently published a story about the status of a 2015 lawsuit against Fort Bend ISD, the Fort Bend County Juvenile Board, Fort Bend County truancy judges, and other county and district employees brought by a local attorney and other lawyers working with him on behalf of three students who claimed procedural defects in the district and county’s handling of truancy cases.

     

    Here are the facts about the litigation:

     

    • The trial court dismissed the lawsuit in September 2017 after the attorney ultimately admitted he had no evidence to support claims against the district and county despite his having litigated the case for more than a year.

     

    • The trial court determined that the lawsuit was frivolous and ordered the parties to pay the district and the county a combined total of approximately $500,000 in attorneys’ fees and sanctions. The lead attorney was also ordered to take 22.5 hours of continuing legal education classes on topics relevant to the lawsuit. 

     

    • The court of appeals issued an opinion in February 2019 in which it found that that there was sufficient evidence to support the trial court’s findings that the lawsuit was frivolous, lacking in evidentiary support, unreasonable, without foundation, brought for an improper purpose, and not warranted by law. The court also considered that Harrington pushed the litigation after he had been warned that the lawsuit was frivolous and sanctionable:

     

    • The Texas Supreme Court denied the attorney’s request that it review the case, letting the court of appeals’ decision stand. At this point, all appeals have been exhausted and the district is taking legal steps to collect the judgment against the attorney and his co-counsel.

     

    • January 29, 2020 Update: During a hearing in the 268th District court, the court granted the District’s request for the appointment of a receiver to move forward in the collection of the judgement. Full statement from Jason Burdine, FBISD Board President: “Fort Bend ISD is thankful that the court recognized the District has a legitimate interest in collecting the legal fees and sanctions that were awarded to the District following this baseless lawsuit.  We agree with the judge’s actions, and it is our hope to recoup some of the taxpayer funds expended in response to this litigation.”

     

     

    Read more about the litigation, including the court of appeals decision:

     

    Court of Appeals Opinion (Affirmed and filed June 5, 2018)

     

    FORT BEND ISD TO RECEIVE NEARLY $200,000 IN LEGAL FEES AND SANCTIONS (9/26/2016)

    https://www.fortbendisd.com/site/Default.aspx?PageType=3&DomainID=4&PageID=1&ViewID=6446ee88-d30c-497e-9316-3f8874b3e108&FlexDataID=68805

     

    COURT OF APPEALS AFFIRMS AWARD OF $200,000 IN LEGAL FEES AND SANCTIONS TO FORT BEND ISD (6/11/2018)

     https://www.fortbendisd.com/site/Default.aspx?PageType=3&DomainID=51&PageID=128&ViewID=6446ee88-d30c-497e-9316-3f8874b3e108&FlexDataID=125199