Redistricting, Agee plaintiffs settle fees to the tune of $1.7M

By Ben Solis
Gongwer News Service

The Independent Citizens Redistricting Commission and the plaintiffs who sued them to redraw Detroit’s House and Senate seats have agreed to terms on a settlement over court fees and expenses.

The parties in Agee v. Benson (USWDM Docket No. 22-00272) filed a stipulated and proposed consent order on Wednesday before the federal three-judge panel that threw out portions of its 2021 House and Senate maps because the commission drew Detroit’s political lines with race primarily in mind.

Commissioners have since remedied the 14th Amendment Equal Protection Clause violations by crafting the Motown Sound House and Crane A1 Senate configurations approved by the court this year.

Although the case has been generally closed, the matter of attorney’s fees and court expenses is still pending, with the commission liable to pay the plaintiffs’ fees because the latter was successful in challenging the maps.

The fee settlement agreement filed Wednesday shows the commission agreed to pay $1.71 million for fees and expenses from the date the litigation began to April 1.

Clark Hill, the primary firm representing the plaintiffs, are to be paid $1.14 million in attorneys’ fees and $45,202 in litigation expenses.

Bursch Law, which aided the plaintiffs in the litigation, are to be paid $381,785 in attorneys’ fees and $2,479 in litigation expenses.

Sean Trende and Brad Lockerbie, who were hired as expert consultants for the plaintiffs to analyze the commission’s maps once submitted to the court, will be paid $110,300 and $37,190, respectively.

Payment must be made no later than 90 days after the panel signs the order. Court records show that the panel has yet to sign off on the agreement

The commission must also pay $100,000 of the plaintiffs’ fees and expenses related to the Senate remedial mapping phase the occurred after April 1 and ending June 28.

Settling those fees, however, will come at a cost to taxpayers and will require additional funding from the Legislature.

In the 2024-25 budget, the commission received $2.99 million along with $3.33 million in supplemental funding for the current year.

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