State trial court judge holds North Carolina House and Senate plans unconstitutional

Superior Court Judge Knox Jenkins today granted plaintiff's summary judgment motion that the North Carolina State House and State Senate plan unconstitutionally divides counties.

He did say he would NOT grant any injunctive relief, and that if his decision is upheld on appeal, a new plan would be drawn by the 2003 session to apply in 2004 and beyond.

He said he would not enjoin the 1992 elections, candidate filing for which is to begin Monday, February 18, 2002.

The State constitutional provisions, adopted in 1968 were denied preclarance under Section 5 in 1981, and a three judge federal court in 1982 said their inappliability in the 40 out of 100 North Carolina Counties covered by Section 5 was unseverable, and ruled that as a matter of STATE law the provisions were inapplicable in the entire state.

The state trial court judge today said that as the federal court in 1982 was ruling on a matter of state law, he was not bound by that determination.

No decision has been announced on whether the State will appeal the trial court ruling.