The Virginia House of Delegates stirred with debate last week after a Roanoke County Circuit Judge ruled that state congressional district lines were unconstitutionally drawn.
Judge Richard C. Pattisall issued a 51-page decision last Monday accusing the Republican-controlled legislature that drew the lines last year of "racial gerrymandering" in southeastern Virginia.
Pattisall said the district lines, which Democrats formally challenged last June, unfairly condensed black voters into the fewest number of districts.
The decision ordered the House of Delegates to hold new elections this November, a year before the next scheduled elections.
Pattisall could not comment on the case because an order of implementation still is pending.
Immediately following the decision, Virginia Attorney General Jerry W. Kilgore announced that he would appeal the decision.
The district lines "were drawn properly with respect to new population data and are constitutionally compact and contiguous," Kilgore said in a press release issued the day of the decision.
Kilgore's choice to issue his intent to appeal before notifying Gov. Mark R. Warner of the judge's ruling sparked controversy over the legal powers of the attorney general in the Virginia Constitution.
"At every twist and turn so far, the attorney general has neglected to involve the governor" in his actions, Warner spokeswoman Ellen Qualls said. "The attorney general is the lawyer for the governor, so it's odd that he hasn't contacted his client."
The original case listed then-Gov. James S. Gilmore III and Cameron Quinn, the secretary of the State Board of Elections, as defendants in the case. In addition, several delegates were listed as defendants, though it is unclear whether they remain involved in the case. The delegates did not receive paperwork for the case because of legislative immunity while the House was still in session designing the budget.
According to Kilgore spokesman Tim Murtaugh, Kilgore still represents these delegates. He thus cannot also represent Warner at this time because Warner's opinion could differ from that of the delegates.
"The attorney general realized that if he went and advised [Warner] on this case and exchanged confidential information, he'd automatically be in an attorney-client relationship," Murtaugh said. Such a conflict of interest would force Kilgore to excuse himself from the case, he added.
Kilgore currently is the only statewide elected Republican in Virginia, though both legislative houses are dominated by Republicans.
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