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FOR IMMEDIATE RELEASE
September 20, 2002

News Release

Thurston County, Washington, Judge Imposes Sanctions On Evergreen Freedom Foundation

Washington, D.C. - A Thurston County, Washington, judge imposed sanctions on the Evergreen Freedom Foundation (EFF) for its bad faith in using the judicial process for an improper purpose. The National Education Association (NEA) brought the motion against EFF after the organization obtained a default judgment against NEA, despite NEA's active participation in defense of an EFF lawsuit. The default judgment was overturned in mid-July and the lawsuit dismissed in August.

"Our purpose in bringing this action was to see that the Evergreen Freedom Foundation acts responsibly," said NEA President Reg Weaver. "All we ask of others - even our opponents - is that they are honest and respectful to us, to our members, to the public, and to others, including the court."

Thurston County Superior Court Judge Daniel Berschauer agreed that EFF should compensate NEA for the costs of representing itself in overturning the default judgment, issued in July. Normally, a default judgment is issued when a party to a lawsuit has been unresponsive.

"This view of litigation as a game in which whatever one can get past the Court is permissible is at war with the fundamental principle that attorneys are officers of the Court and have a responsibility not just to their clients but also to the Court and to the system of justice," NEA contended in a brief on the motion for sanctions.

In ruling on the motion, Berschauer stated that "the courtroom is not a ballpark" and "a trial is not a ballgame." He said that in 18 years on the bench, he only used such strong language two or three times. Berschauer paraphrased Justice Potter Stewart, saying he knew bad faith when he saw it.

NEA President Weaver said he was pleased with the ruling. "As the judge said, this is not a ballgame. Let's get on with the business of educating children and working for what is right for them and for our schools."

On July 1, EFF obtained a default judgment of $800,000 and a "permanent" injunction prohibiting the NEA from collecting agency fees from education employees who are represented by local affiliates of the Washington Education Association (WEA) but are not members of the local, WEA and NEA. On the same day the default judgment was entered, EFF informed all Washington state school districts they were prohibited from collecting agency fees, and it launched a public relations campaign, which portrayed the NEA as having "been found guilty of intentionally violating Washington law."

On July 12, Judge Berschauer vacated the judgment he had granted 11 days earlier.

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 reduce class size - issues that are among the highest priorities for teachers and parents among education reform efforts. 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.