Senate Bill sb2316

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    Florida Senate - 2002        (NP)                      SR 2316

    By Senator Garcia





    39-1697-02

  1                    Senate Resolution No. ____

  2         A resolution commending Max Swann and other

  3         lawyers for their work in protecting the

  4         principle of one person, one vote in

  5         apportionment of legislative districts.

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  7         WHEREAS, as of 1962, Florida's legislative districts

  8  had been apportioned in a manner such that a small minority of

  9  Florida's population could elect a majority of both houses of

10  the Legislature, and

11         WHEREAS, this apportionment was contrary to the U.S.

12  Constitution's equal protection requirements and its demand

13  that apportionment adhere to the principle of one person, one

14  vote, and

15         WHEREAS, for years the Florida Legislature had been

16  unable to break a deadlock keeping it from reapportioning

17  Florida's legislative districts based substantially on

18  population and consistent with the U.S. Constitution's

19  dictates, and

20         WHEREAS, Richard H.M. ("Max") Swann, a lawyer, came

21  forward and filed a lawsuit challenging the constitutionality

22  of Florida's apportionment of its legislative districts, and

23         WHEREAS, because Max Swann was about to become judge,

24  he recruited Dan Paul of Miami, Florida, to serve as lead

25  counsel in the lawsuit, and to do so pro bono, and

26         WHEREAS, Dan Paul agreed to prosecute the lawsuit and

27  serve as lead counsel entirely at his own expense and the

28  expense of his firm, while also recruiting four other lawyers

29  to work on the case pro bono:  Tom Britton, Richard Wolfson,

30  Neal Rutledge, and Stuart Simon, and

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    Florida Senate - 2002        (NP)                      SR 2316
    39-1697-02




  1         WHEREAS, these lawyers successfully litigated Max

  2  Swann's challenge to Florida's apportionment, which was tried

  3  before a three-judge federal panel on more than one occasion

  4  and which was reviewed by the United States Supreme Court no

  5  less than three times, and

  6         WHEREAS, as a direct result of these lawyers' efforts,

  7  Florida's legislative districts were ordered by the federal

  8  courts to be reapportioned in accordance with the U.S.

  9  Constitution's equal protection requirements and its demand

10  for one person, one vote, and

11         WHEREAS, the U.S. Supreme Court's opinions stemming

12  from Max Swann's lawsuit to this day are looked to as

13  precedent protecting the principle of one person, one vote in

14  apportionment of legislative districts, and

15         WHEREAS, these lawyers have rendered a great service to

16  the citizens of the State of Florida and of the United States

17  at large, doing so entirely at their own expense, and

18         WHEREAS, the significant pro bono service of these

19  lawyers has not been recognized properly, NOW, THEREFORE,

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21  Be It Resolved by the Senate of the State of Florida:

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23         That Max Swann, Dan Paul, Neal Rutledge, Tom Britton,

24  Richard Wolfson, and Stuart Simon be recognized and honored

25  for the great public service they rendered to the people of

26  this state, and the Senate further expresses the gratitude of

27  the people of the state of Florida for the pro bono legal work

28  performed by these lawyers to ensure that the apportionment of

29  Florida's legislative districts adhered to the principle of

30  one person, one vote.

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    Florida Senate - 2002        (NP)                      SR 2316
    39-1697-02




  1         BE IT FURTHER RESOLVED that a copy of this resolution,

  2  with the seal of the Senate affixed, be presented to each of

  3  the lawyers recognized in this resolution, or the respective

  4  families of each deceased lawyer.

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