DeSoto Parish Police Jury votes to pay $46,000 for election redistricting

MANSFIELD, La. — The DeSoto Parish Police Jury voted Monday night to pay $46,000 to hire a court-appointed demographer to redraw the parish's election districts, while plaintiffs in the federal lawsuit that led to the redistricting process are seeking another $639,482 in attorneys' fees and expenses.

The payment for professional demographer services became the subject of a contentious discussion Monday, with one juror questioning why parish taxpayers should pay costs associated with litigation she said the Police Jury did not initiate.

Police Juror Jeri Burrell was reminded the Police Jury is obligated to pay for the demographer under a court order agreed to in settlement of the federal lawsuit. U.S. District Judge Jerry Edwards Jr. selected Thomas A. Bryan of Montpelier, Va., as a special master to draw the new election lines.

The vote Monday night was to amend the budget to pay his fee.

Burrell said up front, “I’m not happy with it,” then incorrectly stated the money was to pay for the lawsuit the plaintiffs filed.

“We didn’t file a lawsuit and the taxpayers shouldn’t have to foot the bill,” she said.

Police Juror Ernel Jones agreed, too, saying the move might incentivize others to file a lawsuit against the government agency with the hope of recouping attorneys’ fees in the end.

But Police Juror Stacey Justice pointed out that's not the case with this payment. The Police Jury is only paying the demographer and that's not related to any attorneys fees incurred in the litigation.

“This is the agreement that we made for the federal judge to appoint a demographer. This is for the demographer services,” Justice said.

Jones acknowledged the confusion; Burrell did, but didn't.

“Either way, I mean, I understand that perfectly, but either way, I don't feel like we filed a lawsuit. I don't feel like we should, should have had to change it. I mean, because  ain't no judge never said the, the lines we had at first illegal, was illegal. A judge said that was nothing wrong with, but that y'all chose not to do it that way. But I that's my feeling about it. I don't feel like we need to be paying for none of it,” Burrell said.

Burrell's statement was, in part, incorrect. A judge has said the Police Jury’s lines are illegal.

Judge Edwards last month ruled the Police Jury can no longer use its current election district lines. He set up the process to select the demographer to draw new lines, hand-picked one of the three candidates to do the job and set a tight timeline to have a new map approved before year’s end.

The whole process stems from a lawsuit a handful of DeSoto Parish voters filed three years ago, contending police jurors used racial gerrymander when they drew new election district lines following the 2020 Census. The plaintiffs alleged race was the predominant factor when the lines were drawn.

The plaintiffs and the Police Jury two months ago agreed to pursue a settlement after the U.S. Supreme Court ruled in a Louisiana congressional redistricting case involving similar allegations.

Bryan is scheduled to submit a proposed map by Sept. 15, followed by a response period through Sept. 30. His final plan and report are due Oct. 15, with responses due by Oct. 30.

Edwards has said he expects to issue an order adopting Bryan's recommendations, or a modified version, by Dec. 15.

The judge’s order requires the Police Jury to bear all reasonable fees and expenses of the special master.

The Police Jury has already paid north of $340,000 to its own legal defense team. 

As for the attorneys fees and expenses the plaintiffs have incurred with the lawsuit itself, Edwards’ consent order reserves action on their claims for future proceedings.

Police jurors were likely unaware at Monday’s meeting that the plaintiffs had submitted the motion for attorneys fees and expenses that had been filed earlier that day in federal court. The filing met a deadline Edwards had previously set.

The motion breaks down the plaintiffs’ costs as follows:

• $589,703 in attorneys fees:

$546,863 incurred by Holtzman Vogel Baran Torchinsky & Josefiak PPLCC

$52,840 incurred by Wiener, Weiss & Madison APC

• $49,778 in non-taxable expenses incurred by Holtzman Vogel.

On Tuesday, a notice of motion setting was filed into the record stating that attorneys fees issue has been referred to U.S. Magistrate Judge Mark Hornsby, who will follow with a written ruling or recommendation. Those who oppose the motion have 14 days to respond.