Florida Lawmakers Seek Shield in Redistricting Fight
The motion contends, in part, that the lawmakers and staff members are shielded by "legislative privilege."
October 12, 2022 at 10:14 AM
4 minute read
Election and Political Law
Six lawmakers, including House Speaker Chris Sprowls, and legislative staff members have asked a judge for a protective order that would shield them from testifying in a lawsuit about the constitutionality of a new congressional redistricting plan.
Attorneys for the House and Senate late Monday filed a motion in Leon County circuit court seeking to block depositions of the lawmakers and five current and former staff members.
Along with Sprowls, R-Palm Harbor, the lawmakers are Sen. Aaron Bean, a Fernandina Beach Republican who is a top lieutenant to Senate President Wilton Simpson; Senate Reapportionment Chairman Ray Rodrigues, R-Estero; Senate Congressional Reapportionment Chairwoman Jennifer Bradley, R-Fleming Island; House Redistricting Chairman Tom Leek, R-Ormond Beach; and House Congressional Redistricting Chairman Tyler Sirois, R-Merritt Island. The staff members include House Chief of Staff Mat Bahl.
The motion contends, in part, that the lawmakers and staff members are shielded by "legislative privilege."
"The legislative privilege — rooted in the Florida Constitution's separation of powers — protects the legislative process from inhibition and interference and yields only in the most exceptional circumstances," said the motion filed by attorneys from the Shutts & Bowen and GrayRobinson law firms. "The facts presented in this case do not support the extraordinary intrusion that plaintiffs propose to make upon a co-equal branch of government."
The attorneys also cited what is known as the "apex doctrine," which generally prevents depositions of high-ranking officials if information can be obtained in other ways. The motion said the doctrine applies to the lawmakers and Bahl.
Judge J. Lee Marsh on Tuesday scheduled an Oct. 20 hearing to consider the arguments.
Monday's motion came amid similar efforts by Gov. Ron DeSantis' administration to prevent the release of a wide range of documents to plaintiffs in the case. The administration in September sought a protective order, contending that the documents are shielded by legislative and "executive" privilege — a contention that the plaintiffs dispute.
The plaintiffs, including groups such as the League of Women Voters of Florida and individual voters, filed the lawsuit in April after DeSantis pushed a congressional redistricting plan through the Republican-controlled Legislature during a special session. The plan is expected to add as many as four Republicans to the state's congressional delegation in the November elections.
The lawsuit alleges that the redistricting plan violates a 2010 "Fair Districts" constitutional amendment, which set standards for the once-a-decade reapportionment process. The lawsuit names as defendants Secretary of State Cord Byrd, the Senate and the House, though individual legislators have been dismissed as defendants.
DeSantis contended the redistricting plan would prevent racial gerrymandering. But opponents argued it would diminish the chances of electing Black candidates by making changes such as overhauling a North Florida district that in recent years elected Al Lawson, a Black Democrat.
Attorneys for the plaintiffs filed notices last week that they planned to conduct depositions of the lawmakers and staff members.
Shadowing the disputes about depositions and DeSantis administration documents are court rulings issued after the 2012 reapportionment process. During litigation about 2012 redistricting plans, information emerged about behind-the-scenes roles that Republican political operatives played in helping draw maps.
Monday's motion for a protective order said depositions of lawmakers and legislative staff were allowed about the 2012 maps — but only after plaintiffs had taken testimony from "third parties" about involvement in drawing the plans. It said plaintiffs this year have not taken such testimony.
The motion said the Florida Supreme Court adopted a "balancing approach" in dealing with the issue of legislative privilege in the 2012 legal fights.
"At this stage of the litigation, and absent any third-party discovery … plaintiffs cannot justify their demands for a substantial intrusion into the affairs of a co-equal branch of government," the motion said.
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 AllBig Law Lawyers Fan Out for Election Day Volunteering in Call Centers and Litigation
7 minute readFlorida-Based Big Law Donations to Harris Eclipse Trump's Haul in Key Pre-Election Stretch
7 minute readLaw Firms Mentioned
Trending Stories
- 1Will the 9th Circuit Still be Center Stage in Trump Policy Challenges?
- 2Obtaining Reimbursement from Medicaid
- 3NY Requiring Lawyers to Report Out-of-State Admissions, Public Discipline
- 4Man Hits Cow in Case That Tests 'Unrealistic Delivery Times'
- 5DC Judge, Applying 'Loper Bright,' Dismisses Complaint in Medicare Drug-Classification Dispute
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