UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ANGELA PRICE et al., )
)
Plaintiffs, )
)
v ) Civil Case N0. 13-1069 (RJL)
)
DISTRICT OF COLUMBIA, ) E D
) FIL
Def`endant. ) .’UL 3 l mill
M
Clerk, U.S. District & BankruDfCY
MEMORANDUM OPINION Courts for the Disffi€i 07 C@l“mb'@
(July Z@ , 2014) [Dkts. ##8, 12]
This case arises out of the Individuals with Disabilities Education Act ("IDEA").
Plaintiffs seek attorneys’ fees as prevailing parties under the IDEA’s fee shifting
provisions, codified at 20 U.S.C. § l415(i)(3)(B)-(G). Compl. [Dkt. #l]. Defendant
District of Columbia contends that plaintiffs’ counsel already has been compensated at
$90/hour for his work, which is the rate set by the statute under which he was appointed.
Plaintiffs ask the Court to enter summary judgment in their favor awarding over
$10(),000, such that counsel’s total compensation would equal $505/h0ur. Pls.’ Mot. for
Summ. J. at ll [Dkt. #8]; Compl. The District of Columbia cross-1noves for summary
judgment denying plaintiffs further fees. Def.’s Cross-Mot. for Summ. J. and Opp’n to
Pls.’ Mot. for Summ. J. ("Def.’s Cross-Mot.") [Dkt. #12]. Because the statute under
which counsel was appointed sets a mandatory compensation rate, defendant’s motion is
GRANTED and plaintiffs’ motion is DENIED.
BACKGROUND
Plaintiff Ange1a Price is the mother of plaintiff Jerome Parker. Pls.’ Statement of
Mat. Facts Not in Dispute ("Pls.’ Statement of Mat. Facts") ll 1 [Dkt. # lOl. Plaintiff
Lashawn Weems is the parent of D.W. Id. ll 2. Jerome Parker and D.W. were deemed
eligible to receive special education services and related services from the District of
Columbia. Id. ‘ll‘ll 1-2.
l\/ls. Price and l\/Is. Weems each filed an administrative due process complaint
under the IDEA. See 28 U.S.C. § 1415. Pls.’ Statement ofMat. Facts ll 4; Pls.’ Mot. for
Summ. J. at 2. At the time the complaints were filed, Mr. Parker and D.W. were minor
children. Pls.’ Statement of Mat. F acts llll l-2. Mr. Parker reached the age of majority
during the course of his administrative proceeding, but remained eligible for special
education services. Id. ll l.
The Criminal Justice Act ("CJA") authorizes the District of Columbia Superior
Court to appoint counsel in certain cases when a party is financially unable to obtain
adequate representation. D.C. Code §§ 11-26()1 to 2608. Although, as the name
suggests, most of the relevant cases are criminal proceedings, the Act also provides for
representation of any person "who is a juvenile and alleged to be delinquent or in need of
supervision.” D.C. Code § ll-2601. To implement the Act’s directive, the Family Court
Division may appoint attorneys to represent the interests of juveniles in a variety of
proceedings, including in special education proceedings. See, e.g., D.C. Sup, Ct. Admin.
Order 02-15. The CJA further provides, "Any attorney appointed pursuant to this chapter
shall, at the conclusion of the representation or any segment thereof, be compensated at a
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fixed rate of 390 per hour. Such attorney shall be reimbursed for expenses reasonably
incurred." D.C. Code § ll-2604(a).
The District of Columbia Superior Court appointed Pierre Bergeron to serve as
counsel for Ms. Price, Mr. Parker,l and Ms. Weems in the administrative cases regarding
the Mr. Parker and D.W.’s special education needs. Def.’s Statement of Mat. F acts Not
in Dispute ("Def.’s Statement of Mat. Facts") llll 1-3 [Dkt. #12-3]; Def.’s Cross-Mot.,
Exs. 2, 7 [Dkt. #12-2]. Both proceedings culminated in hearings on the due process
complaints, and in each case, the hearing officer determined that the District of Columbia
Public School System ("DCPS") had denied the child at issue a free and appropriate
public education ("FAPE") as required by the IDEA. Parker Hearing Officer
Determination [Dkt. #8-2]; D.W. Hearing Officer Deter1nination [Dkt. #8-3].
Mr. Bergeron submitted invoices to the DCPS requesting payment of $55,027.94
for Mr. Parker’s case (219.5 hours at $250/hour, Pls.’ Mot. for Summ. J., Ex. 4 [Dkt. #8-
4]) and $15,403.40 for D.W.’s case (61.5 hours at SZSO/hour, plus expenses, Pls.’ Mot.
for Summ. J., Ex. 5 [Dkt. #8-5]). In connection with Mr. Parl