Will teacher Randy Green be able to take his seat on the Douglas County School Board in January?
The answer may be up to a Douglas County District Court judge.
Green said he isn't worried about being ordered to pay attorney's fees at this point.
"I don't think realistically they can charge me for their legal fees in an action they initiated. Their perception is I've done something to them. I haven't violated the law, and I'm not seeking financial compensation," Green said.
He said he has had many offers to start a legal defense fund, but Green has turned them down.
"I don't want to organize a big effort. If I was wrong, then there is a possibility I would not be negative about taking money, but I don't want to take a lot of money right now and then have to give it back," he said.
Green said his attorney George Keele has agreed to do his legal work for free. So all he has paid into this effort so far is $376 for campaign signs and $40 to publish a Web page.
Green said he looks forward to the court hearing.
"We've never really presented our case. Everything up to now has been the district's position. I'm just glad we get to go before a third party that can take an honest look at the issue," Green said.
School board members on Tuesday voted to file for declaratory relief and ask for a temporary restraining order to keep Green from taking the seat until there is a decision.
School district special counsel Bob Cox, who also serves as attorney for the Lyon County School District, said he intended to file the lawsuit in district court after the Nevada State School Boards Association decided whether it would join with the school district in the lawsuit. The association met in Pahrump Friday.
On Cox's advice, the board rejected an alternative suggestion from Keele.
Keele said Douglas County District Attorney Scott Doyle had suggested asking the Legislature to consider the issue would be quicker than what could be a long and expensive process of court appeals. Keele suggested if both sides agree to abide by whatever decision the Legislature makes, it would save money.
Keele also suggested that a district judge could install Green while waiting for the Legislature to hear the item. Keele said a court order installing Green would protect the district against any claims that the board was setting policy with an illegal board member.
School board President Don Forrester said Wednesday the district's requests for legal fees is a normal procedure.
"I was an attorney for 20 years. Every lawsuit I put in, it was automatic (to ask for attorney's fees). In a case like this, it is probably not going to be awarded. But, if Green gets the state teacher's association behind him, they have more money than God. We'd get run ragged," Forrester said.