access to legal counsel

[Stephanie Swanson]

Hi everyone,

I am reviewing redistricting legislation this morning on the Brennen Center's bill tracker.  I am looking for legislation that allows for commissions (or legislative committees) to have equal access to legal counsel, and I haven't seen any.  I know the CA IRC legislation did explicitly state this (below).  I would recommend that everyone review your legislation, especially if you live in a state that has a history of racial gerrymandering or racially polarized voting.  

If anyone knows of such legislation, would you mind sharing it up to the listserv?

I think there is a need for such protections given the events that unfolded here in TX during the 2013 court-ordered redrawing of our maps. The Democratic Representatives in the State House testified that they were denied access to legal counsel during the process.  Those maps were later found by a federal district court to be racially gerrymandered.  SCOTUS is set to make a ruling in the case over the summer.  According to a former AG for the state, legal counsel is only guaranteed for the committee chair, so we would like to draft legislation that ensures access for the entire committee (especially if SCOTUS rules in the plaintiffs' favor for this case.)

From the CA IRC proposition:

(5) The commission shall hire commission staff, legal counsel, and consultants as needed. The commission shall establish clear criteria for the hiring and removal of these individuals, communication protocols, and a code of conduct. The commission shall apply the conflicts of interest listed in paragraph (2) of subdivision (a) of Section 8252 to the hiring of staff to the extent applicable. The Secretary of State shall provide support functions to the commission until its staff and office are fully functional. Any individual employed by the commission shall be exempt from the civil service requirements of Article VII of the California Constitution. The commission shall require that at least one of the legal counsel hired by the commission has demonstrated extensive experience and expertise in implementation and enforcement of the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 and following). The commission shall make hiring, removal, or contracting decisions on staff, legal counsel, and consultants by nine or more affirmative votes including at least three votes of members registered from each of the two largest parties and three votes from members who are not registered with either of the two largest political parties in California.

Thanks for everyone's time and help,

Stephanie Swanson

Issue Chair of Redistricting

League of Women Voters of Texas

[Jennifer Bremer]

This seems like a good idea. Here, we rely primarily on pro bono law services, which are fine for the League and other activist groups, but I don't think they work for the lege. Could be wrong, though! 

Jennifer