(Source: MIRS.news, Published 12/28/2023) The Michigan Independent Citizens Redistricting Commission (MICRC) did not vote, due to lack of quorum, on whether to appeal the ruling in Agee v. Benson that found the state's legislative district maps violate the U.S. Voting Rights Act.
The case’s discussion was on the agenda Thursday, but after Commissioner Steven Lett made a motion to file a notice of appeal with the United States Supreme Court, a motion for an immediate stay of the injunction in local district court, attorney David Fink suggested that the Commission discuss the route they’d like to take in a closed meeting.
Fink said without a closed session, it would become virtually impossible for counsel to provide accurate, candid confidential advice, and that anything said in an open session can become an admission that could be used against the Commission in future litigation.
“To unilaterally hamper yourself in this way, to put this constraint on you, puts you at a tremendous disadvantage in litigation, I would compare it to being in a poker game and being the only person in the poker game whose cards are dealt up while everyone else’s cards are held privately,” Fink said.
Commissioner Rhonda Lange said she was against filing for an appeal because she said she thinks the court got it right.
Commissioner Rebecca Szetela said the money spent in further litigation would be a waste of taxpayers’ money instead of redrawing the maps.
“I think it’s kind of an insult to the Black voters in Detroit who’ve spent a lot of time trying to get relief from us,” Szetela said.
The commission voted 8-3 to meet with lawyers in a closed session. After about two hours, they returned to the open session to conduct their final business: bidding farewell to resigning Democratic Commissioners Dustin Witjes and MC Rothhorn and Republican Commissioner Douglas Clark.
Upon returning from the closed session, Commissioners Erin Wagner and Lange did not join due to personal emergencies, and Szetela did not join because of professional obligations. Because of their absences, the Commission could not establish a quorum, so a vote to file an appeal could not be held.
Commissioner Richard Weiss said he thought the absent commissioners were sabotaging the meeting on purpose.
“I guess (Szetela) didn’t have time to come back. I found that quite interesting since the state and the public is paying us to do this job,” Weiss said.
Executive Director Edward Woods III (whose contract was scheduled for discussion on the agenda but removed in an 8-2 vote) presented a video commemorating the time Clark, Rothhorn and Witjes spent on the Commission with photos and music.
Lett said Rothhorn resigning was his attempt to get out of bringing the Commission his sourdough bread, and Witjes resigning would alleviate strain on Lett’s wallet because he wouldn’t have to cover his hotel bills.
“That was only once,” Witjes said with a laugh.
Commissioner Anthony Eid said he’d miss bike rides with Rothhorn, who got him into the sport.
“All three of you were able to put partisanship aside time and time again and do what you thought was right, and I’m gonna miss y’all. I’m gonna miss you all and I hope that your replacements are half the men that you three are,” Eid said.
Witjes, who moved to Illinois and had received an Illinois driver’s license, said that if anyone questioned his connections to Michigan, they are mistaken.
Rothhorn said he wasn’t asked to resign, but that it feels right to resign since there are people out there who want the position.
Eid asked if there was any way to compel the three absent commissioners to join the meeting again to conduct further business, but the Commission didn’t explore the option, adjourning the meeting at 4:17 p.m.
During the meeting, Woods also told the Commission that attorney Bruce Adelson has tendered his resignation via email effective Dec. 29.
“My thoughts are he should’ve been gone. It was under his leadership that Commission members were misguided and coerced during the mapping process to continue lowering the Black Voting Aging Population (BVAP), significantly lower than required by the voting Rights Act,” said Sherry Gay-Dagnogo, spokesperson and plaintiff agent in Agee v. Benson.
Gay-Dagnogo called the closed session a secret meeting in the subject line of the email.
It’s worth noting that when discussing the closed session, Fink said there’s nothing wrong with taking advice on a confidential basis in a closed session.
A hearing on remedies in the Agee v. Benson case will be held on Friday, Jan. 5, 2024 at 1:30 p.m. in a Kalamazoo federal court.
MICRC’s next meeting is scheduled for Thursday, Jan. 11, 2024.
