Attorney Fees in Courts Battle Raise Concerns

SANTA ANA — Attorneys representing Orange County in its battle with Superior Court judges have submitted nearly $400,000 in legal bills for the first half of 1997, a sign that the dispute over funding the court system could prove costly for taxpayers.

Some county officials expressed concern about the expense, given that the case is still months from being resolved and does not include any of the legal bills from attorneys representing the judges. Still, they said the costs do not appear unreasonable considering the complexity of the case.

“It’s a lot of money,” said Board of Supervisors Chairman William G. Steiner. “But remember that this case could establish precedent on the issue of how courts are funded. It goes beyond the dollars that are being spent.”

The bills were submitted by Hennigan Mercer & Bennett, the same law firm that is representing the county in bankruptcy-related litigation. Attorneys, paralegals and others working for the law firm charged anywhere from $33 to $43,000 a month for their work on the courts case, according to data obtained under the California Public Records Act.

The judges are being represented by another high-powered law firm, Morrison & Foerster of Irvine. But the judges have yet to submit any bills to the county’s risk management office, where they are reviewed before payment is made.

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The case, now being heard in Los Angeles County Superior Court, stems from complaints by judges that Orange County is not providing enough money for basic court operations--a contention that county supervisors strongly deny.

In a civil complaint filed this spring, the presiding judges of the county’s six courts said they needed an additional $13 million to continue operating through the end of the fiscal year and an additional $10 million for various capital projects and technology upgrades.

A state law requires counties to provide the courts with “suitable” and “sufficient” facilities and personnel to operate, and the legal battle centers on what constitutes sufficient funding.

Pretrial motions in the case are being made, and an actually trial probably won’t get underway until at least the end of the year.

Dennis Bunker, the county’s risk management claims manager, said his office has scrutinized all bills submitted by Hennigan Mercer & Bennett in much the way it reviewed bills from consultants during the bankruptcy.

The county has strict rules regarding the price of copies and faxes, and generally pays the fees of one attorney even when several attend a meeting or court hearing.

So far, the county has reviewed the law firm’s bills for January and February. Officials shaved the January bill from $27,198 to $26,701, and the February bill from $54,506 to $51,847. It is unclear what specific charges the county disallowed.

Through June, the county has been billed about $380,000. The risk management office has not received bills covering July and August.

Bunker said it remains unclear whether the county will pay for the judges’ legal bill from its risk management fund or whether the money will eventually be deducted from the courts’ budget. “We’ve never had a case like this, so it’s hard to tell,” he added.

Other county officials and legal experts said the hefty bills should come as no surprise.

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“It always concerns me when we are spending this kind of money,” said Gary Burton, the county’s chief financial officer. “I would love for this situation to be resolved. But remember, we are defending ourselves. We aren’t the ones who filed this suit.”

Franz Miller, president of the Orange County Bar Assn., said the courts case poses special challenges to attorneys on both sides.

“The issues in this case are so unique, and the attorneys are toiling in an area where there is much law,” Miller said. “That means the case is going to be more expensive.”

It remains unclear exactly how the case will be affected by the state Legislature’s approval last week of a bill that would shift a portion of the responsibility for court funding from counties to the state. The bill, which Gov. Pete Wilson is expected to sign, may reduce the county’s funding burden by as much as 30%.

Bill Grenner, an attorney representing the judges, said he is still reviewing the bill. “We believe the matter currently in dispute is not resolved,” he said. “But we still need to read the fine print.”

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Legal Tender

Outside attorneys representing the county in its legal battle with Orange County Superior Court judges have submitted bills through June totaling nearly $400,000. The sum does not include the amount attorneys representing the judges are seeking. Billing totals:

January: $26,701*

February: $ 51,847*

March: $66,563

April: $86,632

May: $103,402

June: $45,211

* Amount county officials have recommended be paid

Source: Orange County Risk Management office; Researched by SHELBY GRAD/Los Angeles Times