The New Hanover school board is at odds over its law firm again. Here's why.

The New Hanover Board of Education is looking into other law firms to help with special education matters, as there is concern over their current firm.

This is not the first time the board has had concerns over their legal representation.

The school board previously fired Tharrington Smith after concerns they had when dealing with the settlement of the victims of Michael Kelly, a former teacher who pleaded guilty to 59 counts of child sex crimes.

The concerns stemmed from what the school board believed was a conflict of interest between the law firm and its insurance provider, Liberty Mutual. In May 2023, the school board ultimately decided to replace Tharrington Smith with the Vogel Law Firm.

More: Conflict of interest: New Hanover school board hires new attorney in Michael Kelly lawsuit

At the time, three board members opposed hiring the Vogel Law Firm, which is based out of Charlotte. A committee reviewing law firms had ranked Vogel as their last choice. That committee included board members Stephanie Walker and Pat Bradford and Superintendent Charles Foust.

Walker and fellow board member Stephanie Kraybill were both outspoken about their belief that the Vogel Law Firm was not qualified for the position based on the firm’s resume and application alone. Board member Hugh McManus also voted against hiring the firm.

Kraybill acknowledged that there was pressure from the local Republican Party to select Vogel over the other higher-ranking applicants, which were former Tharrington Smith and Poyner Spruill.

Bradford has been a strong supporter of the Vogel Law Firm from the beginning, along with Melissa Mason, Josie Barnhart and Pete Wildeboer -- who all voted to hire the Vogel Law Firm.

After a few months of working for the board, members voted on Oct. 3, to extend their contract with the Vogel Law Firm, despite the same concerns.

Since then, however, original partners of the Vogel Law Firm -- Leigha and Jonathan Sink -- are now suing the Vogel Law Firm for a breach of contract.

Because of this news that came at the beginning of January, some board members are concerned about the ability of the Vogel Law Firm to handle all the needs that the school board has, specifically matters relating to special education.

Kraybill said the Sinks made up 25% of the work for New Hanover Board of Education, with special education making up most of their work.

The Vogel Law Firm’s contract lasts through June.

Jonathan Vogel has disputed the notion that his firm is unfit to work New Hanover County Schools.

“Out of left field we’re hearing a concern about our law firm’s ability to support the school board and the school district in the area of EC, special education,” he said. “It’s a very strange point to make.”

Vogel said the lawyers who used to work for his firm didn't do much work in the area of exceptional children, but that he is currently working on an EC case. He did not say the names of those lawyers he was referring to.

Vogel also questioned why the school board continues to discuss its legal representation.

“There are 115 school districts and school boards across the state. They’re all meeting this week and next week, and they’re talking about really important issues of academic achievement, fiscal responsibility, and student safety,” Vogel said. “And they’re not talking about their law firm months after months after months.”

Nonetheless, the school board has decided to create a committee to again look at its legal counsel options. McManus, Mason and Barnhart will serve on the committee and report back in May.

Bradford was the only board member to vote no to putting a committee together to look into other options for legal counsel.

The Vogel Law Firm will still be able to apply to work for the board for another term.

This article originally appeared on Wilmington StarNews: New Hanover Board of Education has concerns over legal counsel