Thursday, January 05, 2006

11th Circuit Issues Unusual Order Clearing Attorney In Textbook-Sticker Case

The U.S. 11th Circuit Court of Appeals yesterday issued an unusual order clearing Atlanta attorney Jeff Bramlett of charges that he purposely misrepresented the timing of events in his brief and oral argument last month in the case of Selman v. Cobb County School District. The Associated Press reported on the order. During oral argument, the 3-judge panel had sharply questioned Bramlett about whether a petition from religious supporters of intelligent design preceded or followed the Cobb County School Board's decision to place stickers on biology books questioning the theory of evolution. (See prior posting.)

Earlier this week, the Fulton County Daily Report said that 11th Circuit Judge Edward E. Carnes had demanded that Bramlett provide a written explanation of his assertions about timing. On Dec. 22, a week after the argument, Bramlett filed a 127-page response saying that there were two petitions -- one with more than 2,300 signatures delivered to the school board before the books were purchased, and a smaller petition delivered after the sticker plan was implemented. Upon receiving that explanation, the Court of Appeals instructed the school board's attorney to provide "any evidence regarding the timing of any petitions that may have been filed with the School Board."

After yesterday's order, attorney Bramlett said: "I appreciate the court going to the trouble of putting out that order and, as they say, removing implications."