Vol. 75, No. 9, September
2002
Supreme Court Orders
The court will hold a public hearing on Oct. 14
regarding procedures for original action cases involving state
legislative redistricting. Written comments are due Oct. 7.
Legislative Redistricting
In the matter of the adoption of procedures for original
action cases involving state legislative redistricting
Amended Order 02-03
This matter comes before the court on its own motion. On Feb. 12,
2002, the court issued an opinion in an original action case, number
02-0057-OA, Jensen et al. v. Wisconsin Elections Bd. et al.,
which involved state legislative redistricting. The court stated that
"to assure the availability of a forum in this court for future
redistricting disputes, we will initiate rulemaking proceedings
regarding procedures for original jurisdiction in redistricting cases."
The court indicated new procedures could include "provisions governing
factfinding (by a commission or panel of special masters or otherwise);
opportunity for public hearing and comment on proposed redistricting
plans; established timetables for the factfinder, the public and the
court to act; and if possible, measures by which to avoid the sort of
federal-state court 'forum shopping' conflict presented [in this case]."
Jensen et al. v. Wisconsin Elections Bd. et al., 2002 WI 13,
¶24, 249 Wis. 2d 706, 639 N.W.2d 537. The court noted the
procedures for addressing redistricting disputes implemented by the
California Supreme Court. Id. at ¶24 & n.8 (citing
Wilson v. Eu, 816 P.2d 1306, 1307 (Cal. 1991)); see also
Legislature v. Reinecke, 507 P.2d 626 (Cal. 1973). The court
emphasized that "redistricting remains an inherently political and
legislative - not judicial - task." Jensen, 2002 WI 13, at
¶10.
IT IS ORDERED that a public hearing on this matter shall be held in
the Supreme Court Room in the State Capitol, Madison, Wis., on Monday,
Oct. 14, 2002, at 9:30 a.m.
IT IS FURTHER ORDERED that comments on the matters set forth herein
be filed in writing, with eight copies, with the Clerk of the Supreme
Court, 110 E. Main St., Suite 215, Madison, WI 53703, on or before
Monday, Oct. 7, 2002.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing. Following the court's
conference, the court intends that a draft of proposed procedures for
original jurisdiction in redistricting cases be prepared. The draft of
proposed procedures will be based on the comments made at the hearing on
Oct. 14, the written submissions, and other material on the subject
available to the court. The court plans to then circulate the draft and
invite persons and organizations having interest and experience in the
matter to comment on the draft. The court will consider comments filed
in response to the publication of the draft of proposed procedures and
plans to hold a public hearing on the draft (and any revisions thereto)
in the winter of 2002-2003.
IT IS FURTHER ORDERED that notice of the hearing be given by
publication of a copy of this order and of the petition in the official
state newspaper once each week for three consecutive weeks and in an
official publication of the State Bar of Wisconsin not more than 60 days
nor less than 30 days before the date of the hearing.
Dated at Madison, Wis., this 30th day of July, 2002.
By the court:
Cornelia G. Clark, Clerk of Supreme Court
Wisconsin
Lawyer
