Deadline set in redistricting suit

Deadline set in redistricting suit

May 16, 2003

Rocky Mountain News

The Colorado Supreme Court Thursday gave Secretary of State Donetta Davidson a June 16 deadline to respond to a lawsuit seeking to strike down a Republican-drawn congressional redistricting map.

The order for the state's top election official was issued less than 24 hours after Attorney General Ken Salazar, the state's leading Democratic officeholder, filed suit.

Davidson said she has hired attorney Richard Kaufman from Friedlob, Sanderson, Paulson & Tourtillott to represent her. Since Salazar would normally represent Davidson in any legal action, his office must pay her attorney's fees.

According to a news release from Davidson's office Thursday, she wrote to Salazar, stating: "It seems to be a conflict of interest for the Attorney General to sue the Secretary of State," and asking him to withdraw the lawsuit.

Salazar claims the state already has a congressional map, which was approved last year by a Denver court after Democratic and Republican lawmakers failed to reach a compromise on the issue.

Now that Republicans control both legislative houses, they cannot come back and draw a new map, he argued in his suit.

"It's a big victory for Salazar just getting his foot in the door (to the Supreme Court), but he still has a long way to go," said Assistant Denver City Attorney David Broadwell when he heard the news.

Rep. Shawn Mitchell, R-Broomfield, was equally surprised at the speed with which the court issued its decision, but was highly critical of Salazar for suing Davidson, who normally would be his client.

"I don't see how he can fulfill his legal and ethical duties to his state clients while he's suing them," said Mitchell, a lawyer.

In the suit, Salazar asked for a writ of injunction barring Davidson from enforcing the GOP plan and for an order requiring her to adhere to the current map.

The new map, which was jammed through the General Assembly last week in its final three days, increases GOP numbers in two swing districts - the new suburban 7th District and the Western Slope 3rd District - and would solidify Republican control of five of Colorado 's seven congressional seats.

The court gave Salazar 30 days from receipt of Davidson's response to file a reply. It also invited Gov. Bill Owens, the General Assembly and other interested parties to file briefs.

"I think it's a positive development in the public interest (that the Supreme Court has taken the case)," said State Republican Party Chairman Ted Halaby.

Legislative leaders plan to meet at the Capitol Tuesday to decide how they will respond.

Colorado Democrats have filed a separate suit of their own in Denver District Court against the redistricting, and Democratic State Party Chairman Chris Gates said that case would proceed.

Gates praised the court's action in accepting jurisdiction over Salazar's suit. In taking the action, the attorney general noted the last time a similar suit was brought on behalf of voters by an attorney general was in 1905.

"I think it's a reflection on how out of bounds the Republican Party was when it rammed this bill through in the last three days of the legislature," Gates said.

Mitchell, who chairs the House Information and Technology Committee, said Salazar was the one who was out of bounds in the first place in filing suit.

SankoJ@RockyMountainNews.com or (303) 892-5404