Posted by AzBlueMeanie:
Many thanks to Steve Muratore for staying on top of breaking news in this matter today.
Muratore has posted the Amended Petition for Special Action filed on Friday by the Arizona Independent Redistricting Commission, i.e., the Alice in Wonderland pleading.
In his post today, Muratore has the other breaking news on Monday. The Arizona Eagletarian: Redistricting — Arizona Supreme Court says:
From Jennifer Liewer, chief communications officer for the Arizona Supreme Court:
The attached documents were filed this weekend regarding the Independent Redistricting Commission. [linked in text below]
An order is forthcoming that reflects the briefing schedule for the special action as discussed in today’ telephonic conference.
As outlined in the order I sent out on Friday, Responses to the Motion to Stay Removal are due by 5 pm today and a reply to that response is due by noon tomorrow. The Court granted the Motion for Expedited Review, so they should have a decision about the Motion to Stay Removal tomorrow afternoon. I will send that out once it has been filed.
Summary of Critical Dates:
Monday, 11/7 at 5 pm – Responses due for Motion to Stay Removal and Motion to Intervene.
Tuesday, 11/8 at Noon – Reply to responses for Motion to Stay Removal and Motion to Intervene.
Tuesday, 11/8 in the afternoon – Court will consider Motion to Stay Removal (no hearing) and a decision expected in Motion to Stay Removal.
Friday, 11/11 at 5 pm – Responses to petition for special action and any amicus briefs due.
Monday, 11/14 at 5 pm – Reply to responses to petition for special action and amicus briefs.
Thursday, 11/17 at 2 pm – Potential Oral Arguments on merits of petition for special action (25 mins per side.)
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AIRC CHAIR Colleen Mathis filed a motion to intervene this morning (represented by former Arizona Chief Justice Thomas Zlaket). The 24-page document indicates Mathis has a right to defend her position on the AIRC.
AIRC Commissioners McNulty and Herrera also filed a motion to intervene (represented respectively by Andrew Gordon and Tim Nelson). Their 9-page motion indicates those two commissioners continue to be the target of the same action by the governor.
McNulty and Herrera additionally filed a Memo in Support of Mathis. It concludes:
Of course, this is not really about the openness of AIRC meetings. The judiciary can appropriately deal with that. It is about whether the Governor and her partisan legislative supporters can regain control over the redistricting process.
Only this Court can save the independence and impartiality of the AIRC.
Mathis is now represented by attorney Thomas Zlaket, the former chief justice of the Arizona Supreme Court. She had been represented by former U.S. Attorney Paul Charlton, but state Comptroller Clark Partridge on Friday announced that the state would no longer pay the bill for Mathis’ attorneys.
I am a bit surprised there is not (yet) a motion to disqualify the Red Queen's, er, Governor's lawyer, Lisa Hauser, for a conflict of interest. Hauser represented the AIRC for the past decade and provided legal advice to the current AIRC during the transition. She was also an applicant to provide legal services to the current AIRC and had a pecuniary interest in representing Republicans. She was not retained, one of the "facts" alleged by Republicans for Mathis' removal. That may make her a factual witness.
Switching sides to take an adversarial position against a former client invokes the rules of professional conduct and the same ethical considerations that led the court to disqualify Tom "banned for life by the SEC" Horne for his conflict of interest in his Open Meeting law case, and Republican AIRC lawyer Joe Kanefield to recuse himself in this matter. The Arizona Capitol Times (subscription required) published a profile of Lisa Hauser today that is an outline for a motion to disqualify her for conflict of interest. ‘Baggage’ in hand, former IRC attorney takes on commission – Arizona Capitol Times.
I don't make predictions. But the Arizona Supreme Court should grant injunctive relief, keeping Colleen Mathis on the Commission, to preserve the status quo of the parties until there has been a full briefing and oral arguments on this issue of first impression. This is the fair thing to do under the court's equitable powers. But I will be waiting just like you to see what the court rules on Tuesday.
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