Court Funding Suit Cost $1.8 Million

The legal battle between county supervisors and local judges, which was settled last week after nearly a year of rancor, cost taxpayers more than $1.8 million in attorneys bills, officials said Monday.

The final tab for the funding dispute could rise when lawyers submit their bills covering January and February. In addition, judges are threatening to file another lawsuit against the county over stalled plans to build a courthouse in South County.

Both sides used top law firms to represent them in the just-settled case. The courts paid Morrison & Foerster $1,168,746 through Dec. 22, while the county paid Hennigan Mercer & Bennett $663,000 through Nov. 30, according to the county counsel’s office.

In June, the presiding judges of superior and municipal courts filed a lawsuit charging that the county was not providing enough money for basic court operations. It centered on an obscure state law requiring counties to provide “adequate” facilities for courts.

The two sides reached a tentative settlement in December. Under the deal, the county agreed to allocate an additional $2.95 million and approve 49 new court and marshal positions. The county also agreed to pay the courts’ legal expenses. The final deal was approved last week.

Marlene Nelson, assistant executive officer of Orange County Superior Court, said the bills for Morrison & Foerster date back to November 1995 and cover preparations for the lawsuit as well as court time.

“It’s incomparable to the [county’s bills] because we have been using [the law firm] for a much longer period of time,” Nelson said.

Superior Court staffers reviewed all bills submitted by outside lawyers to make sure the county was not overcharged, she added.

County Counsel Laurence M. Watson said that while the judges’ attorneys already have received payment, the county’s risk management office will review each bill for the county’s lawyers to make sure it complies with county policies.

Just as the county is paying these bills, it is faced with a new lawsuit. Judge Pamela L. Iles, assistant presiding judge of Municipal Court in Laguna Niguel, sent a letter to the Board of Supervisors last week, threatening to sue if the county does not move forward with long-stalled plans to replace the overcrowded Laguna Niguel courthouse.