A judge who previously ruled that the state’s current map of legislative districts was unconstitutional issued a new ruling Nov. 7 that again overturned the map as not providing enough competition between Democrats and Republicans.
Judge Kenneth Fields of Maricopa County Superior Court had ruled in 2004 that the 30 districts drawn by a state commission did not include enough districts winnable by either major party. But the state Court of Appeals in 2005 reversed that ruling, saying that the commission was entitled to more discretion.
The Court of Appeals sent the case back to trial court for reconsideration under different legal criteria.
Judge Fields reconsidered the issue under that ruling and again concluded that the Independent Redistricting Commission did not, as required by the Constitution, “favor competitiveness and never found that competitive districts were not practicable and-or would cause significant determent to the other constitutional goals.”
The commission gave short shrift to evidence and recommendations that could have produced additional competitive districts, instead making “ad hoc” decisions based on informal findings or no findings at all on other criteria used to decide where to draw district lines, Judge Fields wrote.
The districts drawn by the commission were first used in 2002, and a virtually identical map was used in 2004 and this year’s elections.
What about 2008≠
It wasn’t immediately clear what happens next.
Judge Fields said his order takes effect in 120 days. He also said the Court of Appeals ruling in 2005 said he could only judge whether the districts are constitutional. “This commission cannot direct the change or improve the plan,” Judge Fields added.
The eventual outcome to the current case will determine which districts are used in 2008 and 2010. After that, new census results will be used to draw new districts.
Arguing that it couldn’t get a fair shake from Judge Fields, the commission tried but failed earlier this year to have the case reassigned to a new judge.
The current map favors Republicans, and the high stakes involved in controlling the Legislature prompted Democrats to sue in 2002. Several cities in Coconino and Mohave counties also are involved in the case, concerned over how the lines affect their communities’ representation at the state level.
Enjoying a six-point lead over Democrats in statewide voter registration, Republicans entered the Nov. 7 general election with an 18-12 edge in the state Senate and a 39-21 margin in the state House.
A 2000 ballot measure approved by voters mandated creation of the five-member commission to take redistricting out of the hands of the Legislature.
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