A Superior Court judge Thursday ordered public depositions of the five San Diego City Council members who approved last year's reapportionment plan, but he sharply limited the kinds of questions they may be asked.
Superior Court Judge William Pate, ruling on a motion in a lawsuit challenging the redistricting plan, also gave the plaintiffs access to draft maps, population calculations and other documents generated as part of the redistricting process. He approved their request to question council members' aides and advisers but rejected a demand to examine the council members' personal calendars.
"We won, hands down," said Patrick McCormick, the attorney for four city residents with close ties to Councilman Bruce Henderson who filed the politically charged lawsuit over the council's September reapportionment. The legal action contends that the redistricting plan violates state and local law by gerrymandering certain areas, including Henderson's new district.
At the request of city attorneys representing the council's majority bloc, Pate put off depositions until after the April 9 recall election of Councilwoman Linda Bernhardt in an effort to avoid turning information from the depositions into a campaign issue.
McCormick plans to question Bernhardt and council members Abbe Wolfsheimer, John Hartley, Wes Pratt and Bob Filner, who voted for the reapportionment in September over the objections of the council minority of Henderson, Councilman Ron Roberts, Councilwoman Judy McCarty and Mayor Maureen O'Connor. McCormick promised to question Bernhardt even if she is recalled.
Also on McCormick's list are former Bernhardt aides Chris Crotty and Aurie Kryzuda, former Bernhardt political consultant Rick Taylor, Filner aide Vince Hall, Pratt aide Daniel Morales and political consultant Bob Glaser.
Majority bloc members dismissed the suit and Thursday's legal maneuver as politically motivated attempts by Henderson and his allies to overturn the redistricting and hurt Bernhardt's chances of defeating the recall.
"Obviously, all this is is a continuation of Mr. Henderson's plan to . . . hurt Linda," said Heide Bunkowske, Bernhardt's top aide. "She's more than happy to answer any question and have an opportunity to set the record straight."
"It's all a political game," Pratt said. "I don't have anything to hide. (McCormick) can ask me what he will."