Supreme Court throws out new districts, Clinton stays in 83rd

Posted March 1, 2012 at 5:34 pm

For the first time in more than a month, Clinton County residents now know which Kentucky House district they belong in.

The Kentucky Supreme Court, in a unanimous decision issued Friday afternoon, ruled that the redistricting that was passed earlier in the year and signed into law by Kentucky Governor Steve Beshear, was in fact unconstitutional.

Friday’s ruling means that Clinton County will continue to be in the 83rd House district that is represented by Clinton County native Jeff Hoover.

Hoover (R-Jamestown), is the Minority Leader in the Kentucky House of Representatives.

The Supreme Court’s ruling upheld an earlier ruling by Franklin Circuit Court Judge Philip Shepherd that the redistricting boundaries were unconstitutional.

Hoover’s 83rd District includes Clinton County, as well as his current home county of Russell and a portion of Pulaski County.

Just hours after Friday’s Supreme Court ruling, Hoover told the Clinton County News about the court’s decision when asked about it prior to Friday night’s 16th District boys’ varsity basketball game between Clinton County and Russell County.

“The Supreme Court ruled unanimously that the redistricting plan was unconstitutional, so I guess Clinton County will just have to put up with me for at least two more years,” Hoover joked, obviously pleased with the outcome of Friday’s ruling.

On Monday, Hoover issued an official statement to the Clinton County News from his Frankfort, Kentucky legislative office, reiterating his pleasure in how the controversy has ended.

“Obviously I was very pleased with the unanimous decision of the Kentucky Supreme Court, which agreed with us that the redistricting plan passed in the House was unconstitutional, Hoover said. “That has been our position since day one, and the Supreme Court’s unanimous agreement has certainly made the fight worthwhile.”

Hoover went on Monday to express not only his pleasure in getting to continue to represent Clinton County, but his gratitude for the support he has received from his Clinton County constituency.

“Personally, the result is that I continue to have the honor and privilege to represent Clinton County in the Kentucky General Assembly,” Hoover said. “I appreciate all the calls and support from so many people in Clinton County over the past month or so, and I look forward to continuing to serve as your State Representative.”

Redistricting is completed every 10 years in order to bring districts in line with population changes as reflected by each U.S. Census.

The redistricting controversy began in January when the Kentucky House released and passed a plan that saw Clinton County being moved out Hoover’s 83rd District and into the 52nd District with Wayne County.

That plan placed Clinton County under the representation of Monticello attorney Sara Beth Gregory.

The new boundary plan was quickly passed by the Kentucky Senate and immediately signed into law by Gov. Beshear.

Republican House leaders began a move to block the new boundaries, under the accusation that the plan was unconstitutional in that it split more counties and precincts than was absolutely necessary.

Last week, Circuit Judge Shepherd agreed with the unconstitutionality of the new plan, and ordered that the former boundaries be used until the next round of elections in 2012.

Legislative leaders appealed Shepherd’s ruling to the Kentucky Court of Appeals, which in turn sent the issue directly to the Kentucky Supreme Court.

In Friday’s ruling, the Supreme Court issued a two-page order after hearing oral arguments earlier in the day.

The unanimous ruling came from six of the seven justices on the state’s highest court, as Justice Will T. Scott had recused himself from hearing the case because he is currently seeking re-election from one of the districts that was redrawn in the bill under attack.

The ruling also noted that in addition to the boundaries remaining the same as enacted in 2002, the filing deadline for candidates to run for those offices had ended on February 10.