Monday, November 04, 2013

Alaska Redistricting Board Withdraws Motion To Delay Trial

Last week the Alaska Redistricting Board filed a motion to delay the potential* trial scheduled for December 2013.  The lead attorney's radiation treatments are going to take longer than anticipated and he would not be able to attend.

The Alaska Democratic Party filed a motion opposing the Board's motion.  While they had immediately agreed to the first postponement, they wrote, there was too much riding on this to delay further.  It would put them in the same position as last time when there was not enough time to complete the process and an imperfect interim plan was put in place which the Supreme Court later determined had to be revised.  Thus the current proposed plan.

The Board's motion says:
COMES NOW, the Alaska Redistricting Board ("Board"), by and through counsel, and hereby withdraws its Second Motion to Continue Trial filed on October 39, 2013.  Given that there is no medical guarantee regarding Mr. White's ability to participate in any necessary hearing or trial should this court grant the Board's request to reschedule such hearing until January 2014, the Board and its legal counsel believe it best to move forward.  In this regard, the Board and its legal counsel recognize the importance of the issues involved as well as the need to have a redistricting plan in place without delay.  Accordingly, in the interest of the Alaskan voters, the Board withdraws its motion to further continue any necessary hearing or trial.

This is a markedly different tone from the Board, which in the past has tended to be aggressive in defense of its actions.  

*I write 'potential' trial, because the judge still has not released his omnibus order in which he spells out which issues he will make summary judgment on and which will require trial to resolve.  Potentially, all could be resolved by summary judgment, making a trial unnecessary, though I doubt that will be the case. 

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