Thursday, November 17, 2011

ASU Law Prof: Redistricting Commission Cannot Freely Operate "If the Governor and the Senate Can Remove Commissioners Simply Because They Have Enough Votes To Do So"

Posted By on Thu, Nov 17, 2011 at 10:00 AM

ASU law professor Paul Bender, who applied for the independent chair position on the Independent Redistricting Commission but didn't win the spot, turns to the Arizona Republic to lay down the fundamental issue at stake in today's Arizona Supreme Court hearing on the removal of chair Colleen Mathis:

The primary purpose of the 2000 amendment was unquestionably to preclude the Legislature, the governor, and partisan politics generally, from making or influencing redistricting decisions. What then is the basis for the governor's and the Senate's heavy-handed intrusion into the process?

They purport to rely on a provision of the amendment providing that a commission member may be removed by the governor, with the concurrence of two-thirds of the Senate, for "substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office."

Those are, on their face, quite strict limits on the governor's removal power. The question is whether the Supreme Court will enforce these strict limits or permit the governor and Senate to force members of the commission to choose between complying with their wishes and being removed.

The question, I think, answers itself. The commission cannot possibly be free to redistrict independently, as the voters intended, if the governor and the Senate can remove commissioners simply because they have enough votes to do so.

More on the legal fight in this week's TW.

Tags: , , , , ,

Comments

Subscribe to this thread:

Add a comment

Previously in the Range

Staff Pick

Biodiversity PEEK Photo Exhibition

Living on the Edge is an unusual exhibition of wildlife photographs taken by Biodiversity PEEK youths from… More

@ Joel D. Valdez Main Library Wed., Aug. 3, 9 a.m.-5 p.m. and Wed., Aug. 31, 9 a.m.-5 p.m. 101 N. Stone Ave.

» More Picks

Submit an Event Listing

Popular Content

  1. Lisaius Couple Pleads Guilty To Child Endangerment (The Range: The Tucson Weekly's Daily Dispatch)
  2. What's the Scoop? (The Range: The Tucson Weekly's Daily Dispatch)
  3. Taste the Sonoran Desert in Your Beer at Terroir on Tap (The Range: The Tucson Weekly's Daily Dispatch)
  4. McCain vs. Kirkpatrick: It's On Like Donkey Kong! (The Range: The Tucson Weekly's Daily Dispatch)
  5. Go See Flandrau's New Dome Digital Projection System (The Range: The Tucson Weekly's Daily Dispatch)

© 2016 Tucson Weekly | 7225 Mona Lisa Rd. Ste. 125, Tucson AZ 85741 | (520) 797-4384 | Powered by Foundation