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New lawsuit keeps debate over congressional redistricting alive

December 4, 2003

Rocky Mountain News

The fight over a Republican plan to redraw Colorado 's congressional district boundaries was expanded Wednesday when a Denver lawyer announced he is filing still another lawsuit in the case.

Attorney John Zakhem said the federal suit claims that the Colorado Supreme Court's ruling on Monday was a "breach of the separation of powers" and an assumption of "impermissible legislative responsibility" by the high court.

 

 

 

"Basically we're saying that the legislature is responsible for redistricting and it can't be delegated," Zakhem said.

Zakhem, the son of former Republican state lawmaker Sam Zakhem, said he is filing the suit on behalf of four plaintiffs.

He identified them as Rep. Carl Miller, D-Leadville; Keith Lance of Otero County ; Renee Nelson of Arvada ; and Nancy O'Connor of Chaffee County .

He said they all asked him to intervene on their behalf. He said he didn't ask them their party affiliation but conceded it is likely all are Republicans with the exception of Miller.

Last year, the courts drew a congressional map when the legislature couldn't agree on one. Republicans redrew it in May, Democrats sued them and the high court struck down the map Monday.

There is a case pending in federal court that was initially filed by Colorado Democrats, but they are expected to announce today that they will ask that their case be dismissed.

If that should occur, Zakhem said the lawsuit he is filing would continue to keep the case alive. Republicans also are expected to appeal the Colorado Supreme Court ruling to the U.S. Supreme Court.

Zakhem said the case he's filing agrees with claims by Gov. Bill Owens, the GOP-dominated legislature and Secretary of State Donetta Davidson that lawmakers, not the courts, have the responsibility of redistricting.

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