Arlington Central School Dist. Bd. of Ed. v. Murphy
Encyclopedia
Arlington Central School District Board of Education v. Murphy, 548 U.S. 291 (2006), was a United States Supreme Court
case about experts' fees in cases commenced under the Individuals with Disabilities Education Act
(IDEA). Justice Samuel Alito
, writing for the majority, ruled that IDEA does not authorize the payment of the experts' fees of the prevailing parents. Justice Ruth Bader Ginsburg
concurred in part, and in the judgment. Justices David Souter
and Stephen Breyer
filed dissents.
, New York
, sued the petitioner, Arlington Central School District
, seeking to require them to pay for their child's private school
tuition
under IDEA. The Murphys were successful, and the decision in their favor was upheld on appeal. The Murphys and their attorney, David Vladeck
, then sued to require that the School District pay for the experts' fees incurred in the course of the trial.
held that part of the fees were covered under the law, and required the School District to pay them. The Second Circuit Court of Appeals
affirmed, but acknowledged that other Circuits had ruled differently. The Supreme Court granted certiorari
to resolve the differences between the circuits.
as a part of the costs." The issue to be decided was whether this includes experts' fees.
of the statute should govern, i.e. that "attorneys' fees" means only those fees paid for an attorney's services. The Murphys argued that the word "costs" is more important, and that the plain meaning of "costs" includes the cost of hiring an expert witness.
, which is why it was written into the statute. That change of the court's power does not affect its power over experts' fees.
Furthermore, relying on previous cases
, the Court said that without clear notice to the states, a statute cannot require that a certain fee shall be assessed against the state. In response to the Murphys' contention that the legislative history
suggests that experts' fees should be included, the Court stated that because the statute's actual wording is unambiguous, there is no need to consult outside sources. In addition, the fact that the Act authorized a GAO
study of the effect of awarding costs does not change the actual wording of the Act, which does not so award them.
, Breyer wrote that the term "costs" was intended by Congress to include the cost of hiring expert witnesses. He also wrote that the "Act's basic purpose" dictates that the award of all costs, including experts' fees, be allowed. He rejected the application of the "clear notice" rule.
studies authorized by IDEA give weight to Breyer's arguments and distinguish this case from those the majority cites.
and Pete Sessions
introduced the IDEA Fairness Restoration Act
, to override Murphy and enable parents to recover their expert fees. The bill was reintroduced in 2011 by Senator Tom Harkin, Chair, Senate Health Education and Labor Committee, and Congressman Chris Van Hollen and Congressman Peter Sessions.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case about experts' fees in cases commenced under the Individuals with Disabilities Education Act
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities...
(IDEA). Justice Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
, writing for the majority, ruled that IDEA does not authorize the payment of the experts' fees of the prevailing parents. Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
concurred in part, and in the judgment. Justices David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
and Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
filed dissents.
Overview
The respondents, Pearl and Theodore Murphy of LaGrangeLaGrange, New York
LaGrange is a town in Dutchess County, New York, United States. The population was 14,928 at the 2000 census. The town was named after the ancestral estate of the Marquis de Lafayette.-History:...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, sued the petitioner, Arlington Central School District
Arlington Central School District
The Arlington Central School District is one of thirteen public school districts serving residents of Dutchess County, New York. It has eight elementary schools, three middle schools, one comprehensive high school, and other institutions of various types. As of 2007, it had nearly 11,500 students...
, seeking to require them to pay for their child's private school
Private school
Private schools, also known as independent schools or nonstate schools, are not administered by local, state or national governments; thus, they retain the right to select their students and are funded in whole or in part by charging their students' tuition, rather than relying on mandatory...
tuition
Tuition
Tuition payments, known primarily as tuition in American English and as tuition fees in British English, Canadian English, Australian English, New Zealand English and Indian English, refers to a fee charged for educational instruction during higher education.Tuition payments are charged by...
under IDEA. The Murphys were successful, and the decision in their favor was upheld on appeal. The Murphys and their attorney, David Vladeck
David Vladeck
David C. Vladeck is the current Director of the Bureau of Consumer Protection of the Federal Trade Commission, an independent agency of the United States government...
, then sued to require that the School District pay for the experts' fees incurred in the course of the trial.
Procedural history
The District CourtUnited States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
held that part of the fees were covered under the law, and required the School District to pay them. The Second Circuit Court of Appeals
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
affirmed, but acknowledged that other Circuits had ruled differently. The Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to resolve the differences between the circuits.
Issue
IDEA allows a court to "award reasonable attorneys' feesAttorney's fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Attorney fees are separate from fines, compensatory and punitive damages, and from court costs in a...
as a part of the costs." The issue to be decided was whether this includes experts' fees.
Parties' arguments
The School District said that the plain languagePlain language
Plain language is clear, succinct writing designed to ensure the reader understands as quickly and completely as possible.Plain language strives to be easy to read, understand, and use. It avoids verbose, convoluted language and jargon...
of the statute should govern, i.e. that "attorneys' fees" means only those fees paid for an attorney's services. The Murphys argued that the word "costs" is more important, and that the plain meaning of "costs" includes the cost of hiring an expert witness.
Opinion of the Court
Justice Alito, writing for the majority, ruled that the ability to award attorneys' fees does not include the ability to award experts' fees. "Costs," the Court wrote, is a term of art that generally does not include either type of fees. To add attorney's fees to costs is exceptional under American lawAmerican rule (legal term)
In the field of law and economics, the American rule is a rule controlling assessment of attorneys' fees arising out of litigation...
, which is why it was written into the statute. That change of the court's power does not affect its power over experts' fees.
Furthermore, relying on previous cases
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
, the Court said that without clear notice to the states, a statute cannot require that a certain fee shall be assessed against the state. In response to the Murphys' contention that the legislative history
Legislative history
Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken...
suggests that experts' fees should be included, the Court stated that because the statute's actual wording is unambiguous, there is no need to consult outside sources. In addition, the fact that the Act authorized a GAO
Government Accountability Office
The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
study of the effect of awarding costs does not change the actual wording of the Act, which does not so award them.
Concurrence
Justice Ginsberg concurred in part with the decision, and concurred in the judgment. She disagreed with the way the Court applied the "clear notice" requirement, but found the rest of the ruling to be correct.Breyer's dissent
Justice Breyer dissented from the Court's ruling, and was joined by Justices Stevens and Souter. Stating that the statute is not unambiguous, and relying on the legislative historyLegislative history
Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken...
, Breyer wrote that the term "costs" was intended by Congress to include the cost of hiring expert witnesses. He also wrote that the "Act's basic purpose" dictates that the award of all costs, including experts' fees, be allowed. He rejected the application of the "clear notice" rule.
Souter's dissent
Although he had also joined Justice Breyer's dissent, Justice Souter dissented separately to write that certain GAOGovernment Accountability Office
The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
studies authorized by IDEA give weight to Breyer's arguments and distinguish this case from those the majority cites.
Aftermath
In 2009, Congressmen Chris Van HollenChris Van Hollen
Christopher "Chris" Van Hollen, Jr. is the U.S. Representative for , serving since 2003. He is a member of the Democratic Party...
and Pete Sessions
Pete Sessions
Peter Anderson Sessions is a politician from the state of Texas. He is a Republican, and currently represents the 32nd congressional district in the U.S. House of Representatives. He is the current Chairman of the National Republican Congressional Committee-Personal:Sessions was born in Waco,...
introduced the IDEA Fairness Restoration Act
IDEA Fairness Restoration Act
The IDEA Fairness Restoration Act is an American legislative proposal first introduced in the United States House of Representatives on November 14, 2007 as H.R.4188. The bill was most recently reintroduced on March 17, 2011 in the Senate as S.613 and in the House as H.R...
, to override Murphy and enable parents to recover their expert fees. The bill was reintroduced in 2011 by Senator Tom Harkin, Chair, Senate Health Education and Labor Committee, and Congressman Chris Van Hollen and Congressman Peter Sessions.
See also
External links
- Arlington Central v. Murphy at supremecourt.gov (docket information)
- full text (HTML with links to precedent, statutes, and U.S. Constitution)