The Arizona Independent Redistricting Commission (IRC) did not violate the state constitution in putting the Hopis and Navajos in different congressional districts, a judge has ruled.

Judge Kenneth Fields of the Maricopa County Superior Court in a ruling filed Nov. 6 stated: “The Hopi Tribe is a distinct Native American community within its own geographic boundaries, the Hopi federal reservation, separate and apart from the Navajo Nation which is its own community of interest. The two communities of interests have a history of disagreement on many different issues. The IRC recognized the two separate and distinct communities of interest and to the extent practicable under circumstances, created geographically compact and contiguous districts.”

Under boundaries adopted for the 2002 elections, the Independent Redistricting Commission, which is charged with drawing legislative and congressional district lines following the census, included the Hopi reservation in northeastern Arizona with Congressional District 2, most of the population for which is in central Arizona.

The Navajo Nation, which was placed in Congressional District 1, sued the Independent Redistricting Commission last year, arguing that the Hopis and Navajos should be together in the same congressional district, much as the two were included in state legislative District 2.

Attorneys for the Navajos and the Independent Redistricting Commission filed respective motions seeking a summary judgment on the matter, since no facts were in dispute regarding the boundaries and the populations of each district.

Lisa Hauser, attorney for the Independent Redistricting Commission, said Nov. 6 that we are “very happy with the ultimate decision to grant our summary judgment motion against the Navajo Nation and believe it bodes well for the Commission in the rest of the cases that will be going to trial.”

Judith Dworkin, an attorney for the Navajo Nation, said that even though Judge Fields’s ruling takes the Navajos out of the lawsuit at the trial court level, her clients might want to seek an appeal of the decision. Ms. Dworkin said Nov. 6 that she anticipates meeting with her clients the week of Nov. 10 to discuss whether to appeal.

Trial Begins Nov. 12

Still to be decided in the trial that begins at 9 a.m. Nov. 12 in Superior Court is a group’s complaint that the legislative boundaries weren’t drawn to create more districts in which members of minority groups would have more influence in electing state lawmakers. —