2 Sides in Voting-Rights Case Cautioned

A federal judge Friday cautioned attorneys for the Chicano Federation and the city of San Diego not to allow the two sides’ differences over attorneys’ fees to scuttle a tentative settlement in a minority voting rights lawsuit.

In a hastily called hearing, U. S. District Judge John S. Rhoades told the lawyers that case law gives him the power to set fees using certain formulas if the two sides cannot agree, a statement that mirrors the Chicano Federation’s position.

“What I’m saying, basically is, if you can’t agree, if the council particularly won’t agree to the fee question, that you let me do it,” Rhoades said from the bench.

The two sides announced a tentative settlement of the 20-month-old lawsuit in Rhoades’ courtroom Wednesday. The agreement calls for voters to decide a June, 1990, ballot measure on whether to expand the council from its current eight seats to 10 and mandates a redrawing of district boundaries by Oct. 1, 1990.

Preliminary Census Data

The reapportionment will use preliminary U. S. Census data that Chicano Federation lawyers contend will most accurately reflect the growth in the city’s Latino population. The final decision on redistricting will belong to the council, however, and not the independent commission originally sought by the federation.

The federation achieved one major goal of its lawsuit last November, when voters approved a ballot measure changing the city’s electoral system so that council members are elected only by members of their districts. Previously, council candidates ran in primaries within their districts, followed by citywide runoffs between the two top vote-getters.

The deal will not be final until the council votes to approve it Monday. At least one council member has expressed reservations over a provision that calls for the city to pay $20,000 in fees to federation attorneys Patricia Meyer and Mike Aguirre.

Attorneys for the two sides huddled in a lengthy closed-door session after Friday’s hearing. They said later that they were negotiating language of the settlement agreement.