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ARIZONA IRC v. FIELDS

No. 1CA-SA 03-0085.

75 P.3d 1088 (2003)

206 Ariz. 130

THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION, Petitioner, v. The Honorable Kenneth W. FIELDS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Arizona Minority Coalition for Fair Redistricting; The Navajo Nation, the Hopi Tribe; The San Carlos Apache Tribe; The Arizona Secretary of State; The City of Flagstaff; The City of Prescott; The Town of Prescott Valley; The Town of Chino Valley; The City of Kingman; The City of Lake Havasu City; Mohave County; Apache County; Greenlee County; Graham County; Santa Cruz County; Arnold Estrada, et al.; Joseph Ricarte, et al.; Jaime Abeytia, et al.; and Arizonans for Fair and Legal Redistricting, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

September 16, 2003.

Attorney(s) appearing for the Case

Gammage & Burnham, P.L.C., By Lisa T. Hauser, Cameron C. Artigue, Leonard W. Aragon, Phoenix, for Petitioner.

Haralson Miller Pitt & McAnally, PC, By Jose De Jesus Rivera, Phoenix, Co-Counsel for Petitioner.

Brown & Bain, P.A., By Paul F. Eckstein, Michael S. Mandell, Phoenix, for Real Party in Interest Arizona Minority Coalition.

Lewis and Roca, LLP, By Richard A. Halloran, James A. Martin, Joshua Grabel, Phoenix, for Real Party in Interest Arizona Minority Coalition.

Law Office of Aaron Kizer, PLC, By Aaron Kizer, Phoenix, Co-Counsel for Real Party in Interest Arizona Minority Coalition.

Law Offices of Neil Vincent Wake, By Neil Vincent Wake, Phoenix, for Real Party in Interest Arizonans for Fair/Legal Redistricting.

Joseph Bertoldo, Flagstaff City Attorney, By Joseph Bertoldo, Flagstaff, for Real Party in Interest City of Flagstaff.

Jennings, Strouss & Salmon, P.L.C., By David B. Earl, Ernest Calderon, David J. Cantelme, Phoenix, for Real Party in Interest City of Flagstaff.

Arizona State Legislature, By Donald W. Jansen, Greg Jernigan, Glenn Davis, Phoenix, for Arizona State Legislature.

OPINION

TIMMER, Presiding Judge.

¶ 1 In this special action, the Arizona Independent Redistricting Commission ("IRC") challenges the trial court's order granting a motion by the Arizona Minority Coalition for Fair Redistricting ("Coalition") to compel the IRC to produce documents exchanged between the IRC, its consultants, and expert witnesses. The IRC claims that the requested documents are protected from disclosure by legislative, deliberative process...

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