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Tuesday, 08 December 2015 15:13

One outside attorney allowed in on school district lawsuit

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As Halifax County Commissioners wait for a December 22 hearing in which it will ask to dismiss a lawsuit filed challenging the three-district school system, the judge presiding over the case has made a decision on whether to allow outside attorneys to practice the case.

Superior Court Judge W. Russell Duke Jr. ruled late last month he will allow one outside attorney to practice with the plaintiffs in the case, which is related to a lawsuit filed by the University of North Carolina Center for Civil Rights on behalf of several guardians of children within the county school system as well as the county chapter of the NAACP and Coalition for Education and Economic Security.

Plaintiffs in the case sought nine attorneys from outside the state and in the District of Columbia to participate in the civil court case.

“ … the court has determined that each of the applications meet the requirements … for pro hac vice admission before this court,” Duke wrote in the November 23 order. “ … the court, in the exercise of its sound discretion, allows the plaintiffs' motion and application for admission to practice of Maura Eileen O'Connor …”

O'Connor is an attorney who practices for the Lawyers' Committee for Civil Rights Under Law, which, according to its website, has the mission to secure equal justice for all through the rule of law, targeting in particular the inequities confronting African-Americans and other racial and ethnic minorities.

Duke noted in his order, however, “ … the court, in the exercise of its sound discretion, denies the plaintiffs' and applications for admission to practice,” the remaining eight attorneys the civil rights center sought to have in on the case.

The judge's order does not go into detail on why he allowed one attorney and denied the rest.

Meanwhile, attorneys for the county — Garris Neil Yarborough of Fayetteville and County Attorney Glynn Rollins — filed a notice of hearing for December 22 at 10 a.m.

In that hearing, according to the notice, they will bring the following motions:

A motion to dismiss the action

A motion to dismiss as to claim for attorney fees

A motion to dismiss as to certain plaintiffs

A motion to dismiss for failure to join necessary parties

A motion to strike

The county laid out its arguments against the lawsuit in a motion to dismiss filed early last month.

The hearing will be held in the superior courtroom at the Halifax County Courthouse on Ferrell Lane.

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