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Resolution 2002-04: Redistricting appeal Whereas, The Virginia General Assembly in 2001 adopted its legislative redistricting plan in careful conformance with constitutional standards, Governor Jim Gilmore signed that plan into law, and the U.S. Department of Justice precleared the plan pursuant to the Voting Rights Act; and, Whereas, Virginia Democrat legislators, seeking to overturn the legislative redistricting plan, chose to file a lawsuit in June 2001, not in the state capital of Richmond which would be the appropriate venue for such a dispute of statewide significance, but rather in Salem Circuit Court in a transparent attempt to find a sympathetic judge; and Whereas, Salem Circuit Court Judge Richard Pattisall, who was previously a Roanoke County Democrat Party Chairman and once ran unsuccessfully as a Democrat candidate for the State Senate, assigned himself to preside over the Democrat legislators' case; and Whereas, Judge Pattisall, whose past partisan activities should have given him enough cause to recuse himself from this case in the interest of preserving public confidence in the judiciary's impartiality, rejected motions seeking his recusal and a change of venue to Richmond made by the Attorney General on behalf of the named defendants; and Whereas, Judge Pattisall at first promised not to seek reappointment to the bench to show he had no interest to protect by considering the case, but reversed himself in December by making an unsuccessful attempt to convince legislators to reappoint him to the bench before his current term expires on June 30, 2002; and Whereas, Judge Pattisall waited until March 11, 2002, two days after the adjournment of the General Assembly, to release his decision, even though the trial of the case occurred nearly six months before and news reports suggest that the judge may have reached his decision in January 2002; and Whereas, The questionable circumstances surrounding this decision demand review by a higher court, and Attorney General Jerry Kilgore is right to seek such an appeal through the authority vested in his office to defend the laws of the Commonwealth of Virginia; and Whereas, Governor Warner and General Kilgore have jointly agreed to petition the Supreme Court of Virginia to expedite the appeal in this matter; now therefore be it Now, therefore, the Arlington County Republican Committee resolves: That we commend Attorney General Jerry Kilgore for his decision to appeal Circuit Judge Pattisall's decision on behalf of the named defendants; and, be it That a copy of this resolution be sent to Attorney General Kilgore to show this Committee's support for and encouragement of the appeal of this matter. Considered and adopted by the Arlington County Republican Committee
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6.12.2002 |