February 12, 2012

Court says Congressional district map will stand as is

The Cole County Circuit Court in Jefferson City has sided with the defendants in a case that challenges the newly drawn Congressional districts.

Judge Dan Green in his ruling states, “The court declines the plaintiff’s request to engage in a never-ending game of one-upsmanship in a constant search for the ultimate map.” The ruling also says the defendants’ reading of the phrase “as compact as may be” follows the Supreme Court’s instructin that ‘compactness’ is ‘mandatory,’ while allowing for the fact that perfection is unattainable.”

The plaintiff’s attorneys can appeal to the State Supreme Court — no word yet on whether they intend to do so.

Secretary of State Robin Carnahan says its important to get a final decision on the process since the filing deadline is Feb. 28.

If the court or the legislature decides to push back the deadline, we’ll push that back, but if they don’t, filing will begin on the 28th of February.

Carnahan calls the legal melee surrounding the maps — Congressional, State Senate and State House — “a mess” and says it’s unfortunate it’s come to this.

House district map challenge won’t get a hearing

A lawsuit challenging Missouri’s newly drawn House districts is being challenged in Cole County Circuit Court today, but a hearing was curtailed last minute as Judge Pat Joyce told litigants she’d make a decision based on briefs filed in the case.

The suit is being filed on behalf of six republicans and six democrats throughout the state, former lawmaker Joan Bray of St. Louis among them.

Attorney Harvey Tettlebaum filed to intervene today on behalf of three current lawmakers, all republicans.

Tettlebaum says he represents Representatives Jay Barnes of Jefferson City, Stanley Cox of Sedalia, and Don Gosen of Chesterfield.

Judge Joyce says she’ll decide on the case by Feb. 14.

Meanwhile, in a separate case challenging the constitutionality of Missouri’s Congressional district boundaries is in the court’s hands.

Cole County Circuit Judge Dan Green has been ordered by the State Supreme Court to rule on that case by the end of today … we’re still waiting for that decision to to be handed down.

Judge to rule on Congressional map dispute today

A series of arguments in two courts has ended in the disputes over Missouri’s Congressional districts. A decision will be handed down today.

Attorneys Greiman (left) and Layton listen while Greim presents closing arguements to Judge Dan Green in Cole County Circuit Court, Jefferson City.

Cole County Circuit Court heard final arguments for and against the newly drawn Congressional district boundaries. Both sides agree it comes down to semantics. The constitution requires the discricts be drawn “as compact as may be.” What “may be” requires is up to the interpretation of the courts.

Attorney Gerry Greiman says the current map is a clear case of gerrymandering. Defendant Eddie Greim says the constitution requires districts to be as compact as may be, not as compact as can be. And he says political interests are not disallowed. He points to the process by which legislators are elected by constituents to make these decisions for them, not the courts.

Circuit Court Judge Dan Green has been ordered by the State Supreme Court to hand down a ruling by today. He could say the current map is constitutionally legal, or order it back to the legislature for a second rendition.

Either way, the opposing litigants can appeal to the Supreme Court.

 

Bill would require ‘pings’ of missing persons’ cell phones

A House Committee has heard testimony on a bill that would clear the way for cell phone companies to provide cell phone location information to law enforcement in certain missing persons cases.

Greg and Missey Smith call the bill "Kelsey Smith's law," for their daughter (pictured).

The language of House Bill 1108 has been introduced three previous times in Missouri, and has been passed out of the House but never out of the Senate. It would require companies to locate, or “ping” a cell phone, when law enforcement requests that information in emergencies in which a missing person is in danger of serious physical injury or death. It also protects cell phone companies from being sued for providing that information under the guidelines of the bill.

Missey Smith has advocated for the bill each time. “It’s time that this gets changed.”

Missey and her husband, Greg Smith, are proponents of the bill commonly named for their daughter Kelsey, who was kidnapped from Overland Park, Kansas and found murdered in southern Jackson County in 2007.

Greg, now a legislator in Kansas, says if such language had been law then Kelsey might have been saved. “June 2, 2007 was the night she went missing and she was found four days later … Once that information was released by the cell phone company it only took forty-five minutes to recover her body.” A former police officer, he adds, “If you can get that kind of response in a missing person case, that’s just absolutely light years ahead of what we’re doing right now.”

Missey says the bill changes one component of current law. “They may turn this information over already. So, they’ve already got all of this in place. The Kelsey Smith Act, or this legislation, states they will. That’s the difference. It goes from ‘may’ to ‘shall.’”

No one testified against the bill in the hearing of the House Committee on Utilities.

Learn more about the effort to remember Kelsey, and pass the law named for her.

Missey says it is frustrating the bill has not become law yet, and its sponsor agrees.

This is the first year Representative Jeanie Lauer (R-Blue Springs) has carried the language. “We have history and tracking that shows that this legislation is great, it’s in other states and it is time for Missouri to step up to the plate.”

The bill is currently law in Kansas, Nebraska, Minnesota, New Hampshire and North Dakota. It is being considered this year in Hawaii and the Smiths say it could be taken up later this year in Massachusetts and Illinois. The Smiths says they know of two cases in the states where the law has passed in which cell phone location information has led to the safe recovery of a missing person.

Missy says she will be back in Missouri as needed to push for the bill to become law this year. “Whatever it takes to get it done.”

Constutionality of new congressional district map determined in court this week (AUDIO)

The Congressional redistricting lawsuit is back in Cole County Circuit court. Circuit Judge Dan Green sent the case to the Supreme Court, which sent it back.

Attorney Gerry Greiman presents his case to the court, challenging Missouri's new Congressional district map.

Green asked political science professor David Kimball if the new map gerrymandered.

Kimball said by the standard that six Republicans and two Democrats would likely hold office under the the newly drawn U.S. House districts … yes.

Donna Turk, a Lee’s Summit resident whose husband is running for Congress on the Republican ticket in that area says the district boundaries don’t need to be so convoluted. And she says there’s no way urban and rural areas can be fairly combined in representation, referring She’s to a portion of suburban Jackson County that has been added to the 6th District, which encompasses nearly all of northern Missouri, which comprises sparsely populated farming communities, not urban and suburban areas.

At issue is whether the newly drawn districts are “as compact as may be” — a constitutional requirement.

“I am a disenfranchised voter now,” Turk says, telling the court she has urban issues and works for urban companies but is now thrown into an agricultural district.

Both urban and rural voters in West Central and Northern Missouri, as well as in Jackson County say their votes are going to be ignored under the new U.S. House map.

Norma Gene Connor, Saline County resident, another plaintiff in the case admits she’s a longtime politically active Democrat in that area.

“I’m a farmer, own farmland.” Lawyer Gerry Greiman asks her to describe nature of that county and she says, “It’s mostly rural, it’s farm land, animals, hogs and cattle. We have an ethanol plant in our county.”

Connor tells the court she’s concerned that an urban Congressman based in Kansas City would not be familiar with rural issues and properly represent her interests in the U.S. House. She says the same is true for nearby Lafayette and Ray counties.

Endsley Jones, another witness brought forward by the plaintiff, is a professor at the University of Missouri-St. Louis and resident of University City. He says the map inhibits the ability of Jefferson Co. to have an even economic development approach, particularly important for St. Charles area and other outlying areas.

Another concern brought forward to the court was that the new map mixes media markets, specifically that of Central Missouri and the St. Louis area. Gasconade County was said to be “on the fringe” that gets its news from both places.

Defending the new map include state Solicitor General James Layton and Eddie Greim, a private attorney.

On this second day of testimony, Greim pulled up maps of various districts in California, Arizona, Washington, Colorado, Maryland, Virginia — asking whether they are “compact” by definition.

Thomas Hofeller, a longtime redistricting expert who typically works for GOP operatives, says Missouri is more compact than all of them, many of which were deemed appropriate by the court.

The state Supreme Court has set a Friday deadline for Judge Green to make a decision.

The Cole County Circuit Court will have to issue a ruling on this case as the state senate maps go through a second reapportionment process. The state house district maps will have their day in court Friday, also in Cole County.

Meanwhile, the State House districts will be challenged in Cole Co. Circuit Court Friday and the Supreme Court has ordered that the State Senate maps again go through the reapportionment process.

Congressional districts are redrawn every ten years based on population shifts documented by the U.S. Census. The 2010 Census numbers resulted in the loss of one Congressional seat in Missouri, so the new map draws boundaries for eight districts as opposed to the previous nine.

The current map was approved by the Republican-controlled Legislature. Democratic Gov. Jay Nixon vetoed the map but the legislature overrode the veto.

AUDIO: Jessica Machetta reports (1:22)