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FOR IMMEDIATE RELEASE
August 22, 2002

News Release

NEA Asks Court to Impose Sanctions On the Evergreen Freedom Foundation

Washington, D.C. ? The National Education Association (NEA) today asked a Washington State court for an order imposing sanctions on the Evergreen Freedom Foundation (EFF) for the Foundation's bad faith conduct in using the judicial process for an improper purpose. NEA filed its request in Thurston County Superior Court.

NEA?s action stems from assertions by EFF to the court that NEA had failed to respond to a lawsuit filed by the Foundation. EFF wrongly represented to the court that its agent had delivered the appropriate legal papers to NEA on April 23. Under Washington State law, NEA has 60 days in which to respond to a lawsuit. On the sixty-first day, two minutes after the court convened, EFF requested and obtained an order declaring NEA in default for failure to respond to the lawsuit.

Several days later, Judge Daniel J. Berschauer issued a default judgment that had been prepared by EFF, in which NEA was fined $800,000 and held to have ?intentionally? violated Washington State law. Immediately after the issuance of the default judgment, EFF issued a press release chiding NEA for having such little regard for the laws of the state that it did not even show up in court. Also, EFF attempted to coerce Washington State school districts into not collecting fees from their employees to which NEA would still have been legally entitled, and in a public relations campaign to damage NEA?s reputation.

In reality, NEA did not receive the papers from EFF?s lawsuit until May 3. NEA submitted a response to the lawsuit within the sixty-day period that began on that date, but by the time the court received NEA?s response, it already had issued the default order and judgment on the basis of EFF?s misrepresentations.

As soon as NEA learned of the default judgment, it quickly asked the court to vacate it, and Judge Berschauer did so after reviewing evidence showing that the agent had indeed made his delivery to NEA on May 3, not April 23. NEA is investigating whether EFF knowingly perpetrated a fraud on the Court.

According to NEA, ?EFF?s manipulation of the judicial process to ambush its opponent for political gain without any opportunity for NEA to respond to the charges against it? has harmed NEA?s reputation and the judicial system itself. NEA asserts that EFF used the default judgment as an opportunity to mount a public relations campaign against NEA and to harm NEA financially. Moreover, NEA charges that EFF exhibited reckless disregard for the court?s procedures by failing to notify NEA of its motion for an order of default or its intention to obtain a default judgment, even though EFF clearly was aware of NEA?s intention to contest the charges filed against it.

The lawsuit filed by EFF stemmed from NEA?s efforts to support its affiliate, the Washington Education Association, in ballot initiative campaigns to increase compensation for teachers and to reduce class size -- issues that are among the highest priorities for teachers and parents among education reform activities. EFF, which claims to represent ?public interests,? opposed the initiatives.

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The National Education Association is the nation’s largest professional employee organization, representing 2.7 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators, and students preparing to become teachers.