Redistricting: Who pays for the attorneys?
The attorneys outnumber their clients as the seven-member Ohio Redistricting Commission defends its state House and Senate maps against accusations of unconstitutional gerrymandering.
Four law firms and the Ohio attorney general's office are representing the Ohio Redistricting Commission and its various members as the Ohio Supreme Court reviews whether maps pass constitutional muster. The bill could be costly, and lawmakers haven't yet decided how they'll pay it.
Last month, the commission's five Republicans approved four-year maps over Democratic objections. Three lawsuits have been filed challenging the maps.
The attorney general's office, as the state's attorneys, is representing the commission's three statewide officeholders, all Republicans: Gov. Mike Dewine, Ohio Secretary of State Frank Larose
and Ohio Auditor Keith Faber.
But lawmakers asked the attorney general's office to appoint “special counsel” to represent them instead. They include:
h Columbia, South Carolina-based Nelson Mullins was appointed in mid-august to “provide the Ohio General Assembly with redistricting advice.” Its budget is $125,000 with an hourly rate of $375. Democrats say they had no access to these attorneys during the redistricting process.
h Columbus-based Organ Law was appointed to represent the Ohio Redistricting Commission in litigation. Its budget is $49,000 and the hourly rate is $250.
h Cincinnati's Taft, Stettinius & Hollister was appointed to represent the Ohio General Assembly in litigation. Its budget is $10,000 with an hourly rate of $250.
h Columbus' Ice Miller was appointed to represent Sen. Vernon Sykes and House Minority Leader Emilia Sykes, Democrats who voted against the maps, in litigation. Its budget is $45,000 with an hourly rate of $325.
Those budgets total $229,000, but the final total could be higher. The Ohio General Assembly must foot that bill, but Senate GOP spokesman John Fortney said lawmakers hadn't decided how to pay it.
“That's a decision that would be made at a later date,” said Fortney, adding that he didn't know if taxpayer money would be used.
Lawmakers sought outside counsel because redistricting is a complicated topic and few attorneys have the needed expertise, Fortney said. “You're talking about a highly specialized area of the law.”
Lawmakers are bringing out the big guns. Taft partner Stuart Dornette, who has represented the Cincinnati Bengals, is one of the attorneys listed for Senate President Matt Huffman and House Speaker Bob Cupp, both Lima Republicans. Democrats requested Ice Miller attorney Michael B. Coleman, who served as Columbus' mayor for 16 years.
In a letter to the attorney general's office, Democrats explained that attorneys for the Ohio Redistricting Commission expected them to have their own counsel as well.
“They have relayed their expectations that we would have our own representation since we have been named individually in our official capacity and because our interests deviate from those of the majority members of the Commission,” according to their letter requesting Ice Miller.
Lawsuits over the maps will take months with oral arguments set for Dec. 8. If the Ohio Supreme Court finds the maps violated voter-approved changes to the Ohio Constitution, the commission will need to draw new maps.
Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Akron Beacon Journal, Cincinnati Enquirer, Columbus Dispatch and 18 other affiliated news organizations across Ohio.