Judge rejects delay request in redistricting panel selection
PHOENIX – A judge refused Thursday to delay appointment of more members for the Independent Redistricting Commission while she hears arguments about whether two of the nominees are legally qualified to serve.
Maricopa County Superior Court Judge Janice Crawford said that the Commission on Appellate Court Appointments, which made the nominations, had a chance to investigate the backgrounds of all the applicants, including the two that top Democratic lawmakers contend are ineligible. And she said the nominating commission even took public testimony, potentially providing an opportunity at that time for anyone to raise objections.
Crawford said the Democrats did not file suit until Oct. 22. Worse yet, the judge said, is they are asking her to bring the process to a temporary halt and set aside constitutionally set deadline for making appointments.
And that, said Crawford, is something she is unwilling to do.
That, however, does not end the matter. Attorney Jim Barton who represents the Democratic lawmakers said he still will pursue his claim that the two are not qualified to serve.
In the meantime, however, the decision by Crawford not to stop the clock forced House Minority Leader Charlene Fernandez, D-Yuma, to meet the Thursday afternoon deadline of making her appointment to the panel that will draw the lines for the congressional and legislative districts for the coming decade. She tapped Tempe resident Shereen Lerner, who Fernandez described as an award-winning anthropology and archaeology professor at Mesa Community College “as well as a deeply committed community leader and volunteer.’’
And with no further delay in the process, the next pick goes to Senate President Karen Fann, R-Prescott. She has to make her choice by this coming Thursday.
Then, within seven days of Fann’s action, Senate Minority Leader David Bradley, D-Tucson, needs to make his choice.
These three will join with Tucson developer David Mehl, tapped last week by House Speaker Rusty Bowers, R-Mesa, to choose a fifth member from the five politically independent nominees who then will chair the panel.
It was the fight over the qualifications of two of those five independents that sent the case to court.
Fernandez and Bradley pointed out that the 2000 voter-approved law creating the Independent Redistricting Commission prohibits anyone from serving who is a “registered paid lobbyist.’’ And Thomas Loquvam is a registered lobbyist for his employer, utility company EPCOR, at the Arizona Corporation Commission.
But Crawford said Loquvam disclosed that fact to the screening panel. And that panel apparently adopted the interpretation that it is only those who lobby the legislature who are barred from serving on the redistricting commission.
Then there’s Flagstaff gun shop owner Robert Wilson, He meets the minimum constitutional requirement of having been a registered political independent for at least three years, having not bee affiliated with a party since 2005.
But attorney Jim Barton told Crawford she needs to determine if there was an effort to “perpetrate a fraud’’ on the system.
That includes Wilson hosting at least one political rally in his parking lot for the Trump campaign and, as political independents are entitled to do, choosing to vote in the Republican primary in several elections. Barton argued that he should be given time to pursue the issue further.
“This issue of you being registered as an independent but behaving in every way as a Republican partisan, I will admit it is a more subtle question,’’ he said. “But frankly I think it’s very important.’’
But here, too, Crawford said she won’t substitute her judgment for that of the nominating panel.
“It is unlikely that the Commission on Appellate Court Appointments was not fully apprised on the facts under which plaintiffs contend Mr. Wilson is not unbiased,’’ the judge wrote.
While refusing to put the process on hold, Thursday’s ruling does not end the lawsuit. It still allows Barton to pursue claims on behalf of Fernandez and Bradley that one or both of the challenged nominees cannot be considered for the independent slot on the commission.
“Basically, two of the five independents are not qualified for the job,’’ he told Capitol Media Services after the ruling. Barton said he wants to pursue the matter and be given a chance to convince Crawford, after a fullblown hearing, that neither Wilson nor Loquvam is entitled to serve..
“We haven’t given up,’’ he said.
Such a ruling, however, would require Crawford to force the nominating panel to go back and submit one or two new names for the list the other four selected redistricting commission members must use to find someone to chair the panel.
No date has been set for future hearings.