Judge Faces Call to Step Aside from Redistricting Case
The plaintiffs filed the lawsuit March 11 in Tallahassee after Gov. Ron DeSantis said he would veto a congressional redistricting plan passed by the Legislature.
March 31, 2022 at 09:54 AM
3 minute read
The plaintiffs in a lawsuit about drawing new congressional districts are asking a federal judge to remove himself from the case because of his past representation of the Florida House in redistricting issues.
The groups Common Cause Florida and FairDistricts Now and five voters filed a motion Tuesday seeking recusal of U.S. District Judge Allen Winsor from the lawsuit, which argues that a federal court should set Florida's new congressional districts.
Winsor is one of three judges appointed to a panel to handle the case. The motion said Winsor, while a lawyer in private practice, represented the Florida House on a series of redistricting issues from 2005 to 2013.
"Irrespective of his ability to remain evenhanded, Judge Winsor's previous efforts in this state's redistricting processes raise legitimate questions about his role in this case," attorneys for the plaintiffs wrote in a memorandum accompanying the motion. "To avoid any doubt, and to preserve the perception of impartiality, plaintiffs respectfully request that Judge Winsor consider that reasonable citizens might question his impartiality in this case and recuse himself on that ground."
The plaintiffs filed the lawsuit March 11 in Tallahassee after Gov. Ron DeSantis said he would veto a congressional redistricting plan passed by the Legislature. The lawsuit argued that an impasse between DeSantis and lawmakers jeopardized the chances of reaching agreement on a map — and that judges should step in to make sure revamped districts are set before this year's elections.
DeSantis vetoed the legislative plan Tuesday and called a special session from April 19 to April 22 to approve a map as part of the once-a-decade reapportionment process.
In another development Wednesday, the plaintiffs dismissed Senate and House leaders as defendants in the lawsuit. That came after attorneys for the legislative leaders filed a motion Tuesday seeking such a dismissal. DeSantis and Secretary of State Laurel Lee remain as defendants.
On March 14, William Pryor, chief judge of the 11th U.S. Circuit Court of Appeals, designated Winsor, U.S. District Judge M. Casey Rodgers and appellate Judge Adalberto Jordan to handle the lawsuit. Pryor wrote that federal law requires a three-judge panel in such situations, though the panel can subsequently decide that it should not have been formed.
Winsor became a federal judge in 2019 after an appointment by then-President Donald Trump. Earlier, he served on the state's 1st District Court of Appeal and as state solicitor general and worked in private practice for the GrayRobinson law firm.
During his time at GrayRobinson, Winsor represented the House on issues in the 2012 reapportionment process and also in opposing 2010 constitutional amendments known as the "Fair Districts" amendments, according to the plaintiffs' memorandum filed Tuesday. Voters approved the Fair Districts amendments, which were aimed at reducing partisanship and gerrymandering in the redistricting process.
The Fair Districts amendments are part of the ongoing debate about new congressional lines, with DeSantis contending that lawmakers have interpreted the amendments in a way that doesn't comply with the U.S. Constitution.
An online docket early Wednesday afternoon did not indicate whether Winsor would step aside from the lawsuit.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDeSantis Appoints Assistant US Attorney to Broward Circuit Court Bench
2 minute read2 Federal Judges Rescind Senior Status After Trump Win. Might More Follow?
What Went Wrong With Adeel Mangi's Long, Strange Trip Through the Judicial Nomination Process?
6 minute readLaw Firms Mentioned
Trending Stories
- 1Global Lawyer: Big Law Walks a Tightrope But Herbert Smith Freehills Refuses to Lose Its Footing
- 2US Judge Dismisses Securities Litigation Against Insurance Underwriter
- 3Keller Postman and Jenner & Block Accuse Each Other of Unethical Actions in Tubi Settlement
- 4Lateral Attorney Transitions Under the Ethics Rules
- 5Newsom Appoints 11 Superior Court Judges
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250