HAHN SAYS MAYOR'S LAWSUIT PREMATURE : JUDGE ASKED TO BLOCK EFFORT TO CREATE ELECTED CHARTER REFORM PANEL.Byline: Patrick McGreevy Daily News Staff Writer City Attorney James Hahn For the Iowa politician, see . James Kenneth "Jim" Hahn (born July 3, 1950) is an American politician from the Democratic Party. He was the Deputy City Attorney (1975-1979), City Controller (1981-1985), City Attorney (1985-2001) and Mayor of Los Angeles, California asked a federal judge Wednesday to dismiss a lawsuit by Mayor Richard Riordan Richard J. Riordan (born May 1, 1930) is a Republican politician from California, U.S. who served as the California Secretary of Education from 2003–2005 and as Mayor of Los Angeles from 1993–2001. Riordan ran for Governor of California unsuccessfully in 2002. and others seeking approval of electing a charter reform commission by council district instead of at-large. Hahn's brief argues that the mayor's class-action lawsuit - which also asks the court to force the City Council to put a charter reform initiative on the April 1997 ballot - is premature because the initiative hasn't qualified officially for the ballot. ``The court should dismiss the complaint because there is no present, justiciable Capable of being decided by a court. Not all cases brought before courts are accepted for their review. The U.S. Constitution limits the federal courts to hearing nine classes of cases or controversies, and, in the twentieth century, the Supreme Court has added further case or controversy for resolution by the court,'' says the motion. ``Although the initiative petition has been filed, it has not been certified as sufficient, and, therefore, the council is under no present obligation to call an election at all,'' the motion added. ``Indeed, it is not certain at all that the petition will qualify.'' A group headed by Riordan and Studio City attorney David Fleming
David Fleming has filed petitions with 304,000 signatures to qualify the initiative that would create an elected charter reform commission with power to put charter changes directly on the ballot. Only 197,000 signatures are needed to qualify. But the county Registrar of Voters Office hasn't finished checking to see if a sufficient number of qualified signatures were submitted. The 13-page motion filed by Hahn also argues that the request to allow an election by council district seeks to overrule The refusal by a judge to sustain an objection set forth by an attorney during a trial, such as an objection to a particular question posed to a witness. To make void, annul, supersede, or reject through a subsequent decision or action. state law that requires at-large elections. Therefore, the case shouldn't be heard in a federal court, it argued. ``Interpreting the state's applicable election laws should be left to the state courts,'' said the brief, which was submitted with Hahn's name on it, but was signed by Assistant City Attorney Tony Alperin. Neither Hahn nor Alperin returned calls for comment. Dan Garcia, one of Riordan's co-plaintiffs, said Hahn's argument that the issue of district elections is one for state courts is ``silly, since he has said previously he felt the federal Voting Rights Act Voting Rights Act Act passed by the U.S. Congress in 1965 to ensure the voting rights of African Americans. Though the Constitution's 15th Amendment (passed 1870) had guaranteed the right to vote regardless of “race, color, or previous condition of servitude,” would apply.'' ``I was underwhelmed by his response,'' Garcia said. U.S. District Court Judge Mariana Pfaelzer Mariana Pfaelzer is a U.S. District Court Judge in the Ninth Circuit. She is probably best remembered for her role in striking down California's Proposition 187, which would have denied services to illegal aliens. has set a Dec. 16 hearing on the motions by Hahn and Riordan. Backers of the initiative note that the county registrar expects to have determined by Dec. 16 whether there are sufficient signatures to qualify the initiative. Fleming said Hahn's argument of prematurity is ``moot An issue presenting no real controversy. Moot refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights. .'' ``We expect to be able to tell the court we have qualified,'' said Fleming, who is president of the city Fire Commission. Fleming noted that the requirement in state law for at-large elections conflicts with the federal Voting Rights Act, which appears to require election of the 15 charter reform commissioners by council district. ``We think this presents an obvious related issue that ought to be addressed by the court,'' said Lawrence Barth, an attorney representing the group of plaintiffs that includes Riordan; Garcia, president of the Airport Commission; and redevelopment commissioner Chris Robert. The city's motion argues that state law requires the election of charter commissioners to be done citywide and gives the City Council discretion to decide when to place the initiative on the ballot. ``Plaintiffs have not alleged that the City Council has either taken any action or expressed any intention with regard to those issues,'' Hahn's motion said in arguing that there is no controversy for the court to resolve. Initiative backers said they filed the suit fearing that the council would attempt to delay an election on the charter reform initiative until after the April municipal vote when the mayor and several council members will be up for re-election. The city attorney's motion to dismiss was authorized by the Los Angeles City Council  The Los Angeles City Council is the governing body of the City of Los Angeles, California, United States. , which is named as a defendant and which has created its own advisory commission on charter reform. Fleming said an elected commission would be more independent and would have power to put reforms to voters without revision by the council. He questioned the decision by Hahn and the council to try to block the election of a charter reform commission by council district in April, saying they are thwarting thwart tr.v. thwart·ed, thwart·ing, thwarts 1. To prevent the occurrence, realization, or attainment of: They thwarted her plans. 2. the wishes of 304,000 voters who signed the initiative. ``It seems incumbent on elected officials to try to allow the will of the people to be carried, rather than fighting it,'' Fleming said. However, Councilman Mark Ridley-Thomas Mark Ridley-Thomas (born 1954) is currently a California State Senate where he chairs the Business, Professions and Economic Development Committee]]. He represents the 26th district which includes the communities of Vermont Knolls, Jefferson Park, Leimert Park, Hancock Park, Korean said the mayor's initiative was badly written and it is not constructive for the mayor to have taken the issue to court. ``I think that action is both gratuitous Bestowed or granted without consideration or exchange for something of value. The term gratuitous is applied to deeds, bailments, and other contractual agreements. and precipitous,'' Ridley-Thomas said. ``The issue is whether the whole charter reform initiative has been sadly muddled mud·dle v. mud·dled, mud·dling, mud·dles v.tr. 1. To make turbid or muddy. 2. To mix confusedly; jumble. 3. To confuse or befuddle (the mind), as with alcohol. and whether the mayor is doing anything to help it or is he further hurting the situation.'' |
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