PHOENIX - The Arizona Supreme Court ruled late Thursday that Gov. Jan Brewer illegally fired Colleen Mathis from the Independent Redistricting Commission.
In a brief order, the justices rejected arguments by Lisa Hauser, the governor's attorney, that Brewer's decision was not subject to court review. They said Brewer can oust a commissioner only for substantial neglect of duty or gross misconduct, and nothing the governor alleged in her letter firing Mathis rises to that level.
Commission spokesman Stuart Robinson said the order means Mathis is once again chairing the five-member panel. Thus, she can call a meeting to decide what to do next with the draft congressional and legislative maps the commission had approved before her firing - maps that Brewer and Republicans want changed.
Gubernatorial spokesman Matthew Benson said the state constitution empowers his boss to remove any member who "in the governor's judgment" had committed gross misconduct or substantial neglect of duty.
He left the door open to the possibility Brewer will respond by firing Mathis again.
"Knowing that redistricting is a once-a-decade process, it is critical that Arizona get it right," Brewer said in a prepared statement. "With its reinstatement of the IRC chairwoman, the Supreme Court has averted its eyes from the commission's misdeeds. The chairwoman's actions to meet in secret, arrange critical votes in advance of meetings and twist the words and spirit of the Constitution have been forgiven - if not endorsed outright."
In their order, the justices said the letter Brewer sent to Mathis on Nov. 1 does not demonstrate Mathis was guilty of gross misconduct or substantial neglect of duty. That could mean the governor just needs to be more specific in her allegations against Mathis: that she violated the Open Meeting Law and prepared congressional district maps that did not meet constitutional requirements.
But it also could mean the justices do not believe Mathis can be fired for either offense, even if she did what the governor claims.
Retired Justice Michael Ryan, sitting in for the hearing, said another court is still considering whether the commission is subject to the Open Meeting Law. He also noted that the maps Brewer contends are unconstitutional are simply drafts. Hauser responded that Brewer was entitled to protect the integrity of the process.
Hauser told the justices the governor alone gets to decide what constitutes a firing offense, subject only to her getting consent of two-thirds of the Senate.
That claim brought raised eyebrows from the justices.
Acting Chief Justice Andrew Hurwitz asked Hauser if that means Brewer could remove a commission member solely because the governor did not like that person's hairstyle. Hauser said she could - and the decision could not be appealed to the court.
Ryan, however, said he's not convinced the involvement of the Senate, where Republicans control 21 of the 30 seats, is a meaningful check. He said Hauser's arguments seem to run afoul of the concept of voters creating an Independent Redistricting Commission.
"How can this commission ever be considered independent?" he asked.
Thomas Zlaket, Mathis' attorney, reminded the justices one of the reasons Brewer gave for ousting Mathis was the governor's conclusion the draft congressional maps do not meet the legal requirement to consider "communities of interest."
He said if Mathis can be fired over that, it means Brewer could fire whomever replaces her if the governor is unhappy with those maps. And that process, he said, could be repeated again and again until the governor gets the kind of maps she wants.
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