Some in redistricting suit seek to withdraw
The lawyers helped GOP win similar suit in Georgia
Thursday, January 05, 2006
By GARRY MITCHELL
Associated Press Writer
Within weeks of a pivotal hearing, three of the four lawyers seeking Republican gains in their legislative redistricting suit in Mobile federal court have asked to withdraw.
Atlanta lawyers Frank B. Strickland, Anne W. Lewis and Luanne M. Bonnie, who helped the GOP win a similar redistricting suit in Georgia, have asked U.S. District Judge Ginny Granade to allow them to leave the Alabama case, citing "professional considerations," without elaborating.
In a Dec. 30 court filing, the attorneys in the firm of Strickland Brockington Lewis LLP said they could not reveal "client confidences" that led to the pullout. Granade did not immediately rule on the request.
Contacted by telephone, Bonnie said Wednesday she could not comment.
Their absence would leave Montgomery attorney Mark G. Montiel as the sole attorney for the Republican plaintiffs who filed suit last June, challenging the constitutionality of the current district boundaries for the Alabama Legislature.
Granade, U.S. District Judge Mark Fuller of Montgomery and 11th U.S. Circuit Court of Appeals Judge R. Lanier Anderson have scheduled a Jan. 25 hearing to determine if the case goes forward to trial.
"We filed a motion to dismiss," said Montgomery lawyer Larry Menefee, who is among attorneys representing Democrats opposing the suit. House Speaker Seth Hammett, D-Andalusia, state Sen. Hank Sanders, D-Selma, and Sen. Lowell Barron, D-Fyffe, have intervened in the case.
Attorneys for the Democrats claim the withdrawal of the Atlanta lawyers on the eve of taking 38 depositions would prejudice their case before the key Jan. 25 hearing.
It could also be a problem if Montiel is called as a witness, they contend. Montiel has knowledge of the issue from his involvement in several prior redistricting suits. Montiel did not immediately return a message for comment Wednesday.
The Atlanta lawyers brought experience from a successful redistricting suit in Georgia that helped Republicans take control of both houses of the Legislature.
The lawyers, in a motion, said the plaintiffs they represent gave them permission to withdraw and Hammett has no standing to object.
Hammett claims that the public interest will be prejudiced by any delay in this case because there will be "hard feelings" between the political parties during the Jan. 10 legislative session and upcoming elections.
But any "hard feelings" between the political parties existed prior to filing this case, the withdrawal motion says, accusing Hammett of injecting "partisan rhetoric" into the case.
It also says it's doubtful Montiel would be called as a witness "as he will undoubtedly raise obvious privilege ... and other valid objections."
The plaintiffs in the Mobile suit seek a court order saying the current legislative districts are unconstitutional, failing to meet court standards on the population of districts being similar. They contend the districts drawn by the Democratic-controlled Legislature penalize Republican voters "solely because of their party affiliation and political beliefs."
The suit asks the court to prohibit further election activities using the current district maps and devise an interim redistricting plan in time for the 2006 vote.
