(Source: MIRS.news, Published 01/05/2024) (KALAMAZOO) - The Michigan Independent Citizens Redistricting Commission (MICRC) and a special master may both be redrawing legislative districts in Metro Detroit, based on a hearing Friday in a federal courtroom.
While no dates or names were set in stone, MICRC attorneys, attorneys representing Donald Agee Jr., and the three federal justices worked toward how the 13 Detroit districts that were ruled unconstitutional would be redrawn. Much of the discussion centered around the use of having a third-party expert draw a parallel set of maps at the same time as the MICRC.
"It might create some accountability for the commission. And what's wrong with that? It might make the commission be pretty careful. That's a good thing," said Sixth Circuit Appellate Judge Raymond Kethledge.
The three-judge panel called the third-party person a "special master," which was confusing to the MICRC attorney who assumed the "special master" would be an advisor to the commission that would inform them about how they should or should not draw the maps.
"It's like two students writing an essay. You just go off and do your own thing and then, at least I'm contemplating this idea that we're just discussing, the special master goes off and lawfully applies the Michigan criteria, consistent with federal law," Kethledge said.
He said the MICRC could then propose a map plan, and the special master would present a map plan. Whatever happened, those plans would need to be approved by the federal three-judge panel before being implemented.
This brought up the issue that it was not possible for the maps to be redrawn in time to be set for the special House elections on Jan. 30 and April 16, because redrawing the lines was bound to impact at least one of the districts where it would be held.
Agee attorney Jennifer Green had also suggested a second set of special elections in 2024 that would allow those districts to rerun those districts as soon as the lines were redrawn.
Kethledge told Green that there could be some disenfranchisement of voters because of the special elections which would end up letting some voters vote twice for a state Senator, while others would not vote at all and end up with an open seat or no vote at all because it would impact areas that were not deemed unconstitutional.
"We don't have the power to shorten the terms of senators whose districts we have not adjudicated," he said.
There were several dates talked about, including April 1, as to when the three-judge panel could meet again to approve the maps or possibly choose the district maps that would be drawn by the special master.
The Judge told the Baker-Hostetler lawyers and Green that they would have to get together and select three names that are agreeable to both sides that would be suitably non-partisan to draw a parallel set of maps, which could become the new districts for Detroit.
"That's the whole spirit of the ballot initiative," he said.
The names would have to be submitted Monday. One name that came up from both sides was Michael Barber, of Brigham Young University.
The reason for the special master was expressed repeatedly by Kethledge.
"I think it's fair to say that the recent posture of the commission has been of defiance and disarray in the last week or so," he said.
He pointed to the swearing in last night of three new commissioners and other in-fighting that has been happening.
"There's internal division on the commission, it would seem foolhardy, on our part, to put all our chips on this citizen commission at this point in time for a short-term redistricting," he said.
Western Michigan U.S. District Court Judge Paul Malony also expressed concern that the MICRC would be able to get the districts redrawn before spring, because of the in-fighting and complaints filed to the Secretary of State by Rebecca Szetela to try to have Anthony EID removed, and Dustin Witjes asking for Szetela's removal.
MICRC Executive Director Edward Woods III repeated in an interview with media after the hearing that he was confident the commission would be able to meet the deadlines and that the meeting set for Thursday was scheduled for at least four hours so they could get a jump on the process.
"I believe the commission, even though it has been in-fighting, is mature enough to move past some of these issues," Woods said.
To get the three new commissioners up to speed, Woods said there was a plan in place that would involve training starting on Tuesday and prepared briefings regarding the legal challenges.
"This is what we do. We need to buckle up, get along and get it done. And that will happen," he said.
Green remained skeptical that it could be done, but also was concerned about possible partisanship of the special master.
"I've said 100 times, I don't think the plaintiff started this lawsuit with an eye toward commandeering the process, supplanting the commission, it was never intended to be an indictment or condemnation of the citizen-led redistricting effort," Green said. "But at the same time, the reality has set in and so that is just a concern."
Woods said even though they would be "aggressively" seeking to meet the court orders, they had still filed an appeal with the U.S. Supreme Court.
Lawyers representing the MICRC filed an appeal and a request to put everything on pause with the three-judge panel last night.
The only order issued by the three-judge panel was to deny the motion to postpone the proceedings until the Supreme Court indicated they would proceed, but Woods said the denial allowed them to file a motion to stay with the high court.
"This is a bump along the log," Woods said.
