FRANKFORT — A Franklin Circuit judge has ordered the Legislative Research Commission to pay the attorney fees for three Republican House members and two private citizens who successfully challenged the constitutionality of a legislative state redistricting plan.

Judge Phillip Shepherd on Tuesday entered an order granting the plaintiffs’ request for attorney fees, saying they are entitled to those fees because they presented “a substantial” federal constitutional claim their constitutional rights had been violated by the redistricting plan and those claims were based on the same facts as their challenge under state law, a requirement to seek compensation for legal costs. Shepherd ordered attorneys for the LRC and the plaintiffs to negotiate a settlement by Aug. 30.

“I’m very pleased,” said Jeff Hoover, the Republican House Minority Leader and one of the plaintiffs in the case. “Hopefully, this will send a message to the legislature and the leadership who in the future should think twice before passing legislation that is clearly unconstitutional. Or if they do, they’ll have to pay for it.”

The redistricting plan was drawn by majorities in both chambers of the General Assembly — Democrats in the House and Republicans in the Senate — to benefit the electoral interests of their own incumbents. It placed several House Republicans in the same districts and split 28 counties. The Senate map put two Democrats in the same district and re-numbered another to make incumbent Democratic Sen. Kathy Stein ineligible to run for re-election this year. Both plans deviated from a standard established by previous court rulings that no district vary by more than plus or minus 5 percent from the ideal population size for districts.

Hoover, Rep. Joe Fischer, Rep. Kim King and two private citizens, Anthony Gados of Vanceburg and Frey Todd of Eubank, challenged the constitutionality of the plan. Later, Stein was allowed to intervene in the case. Shepherd ruled in favor of the plaintiffs, including Stein, and his ruling was later upheld by the Kentucky Supreme Court.

The LRC is made up of legislative leaders from both parties and both chambers and is co-chaired by Senate President David Williams, R-Burkesville, and House Speaker Greg Stumbo, D-Prestonsburg. Both Williams and Stumbo were in Chicago for the National Conference of State Legislators and Stumbo couldn’t be reached. But Williams’ spokeswoman, Lourdes Baez-Schrader, contacted Williams and relayed the following statement.

“It does not surprise me when Judge Shepherd takes a swipe at the General Assembly,” Williams said. “But I am more interested in issues such as pension reform and tax reform.”

LRC Director Bobby Sherman said he’d just received the order late Tuesday and really hadn’t had time to review it.

“I’ll be looking at it and the legislative leaders will be looking at it as well,” Sherman said. “We’ll see where we go from there.”

When the suit was filed in January, Hoover said he wanted to pay legal fees through private contributions. But after the courts ruled in their favor, the plaintiffs’ attorneys advised them they were entitled to seek attorney fees from the defendants and they filed a motion to do that in Franklin Circuit Court.

At the time the plaintiffs filed the motion to recover attorney fees, Hoover said private contributions had produced “just shy of $30,000” toward paying attorney fees which were expected to exceed $90,000.

The LRC paid Louisville attorney Sheryl Snyder $95,000 to defend the case on its behalf.

Hoover said Tuesday that when he made the statement about paying legal fees from private contributions the plaintiffs anticipated a quick resolution in their suit which named only the Secretary of State as defendant.

“But then the President of the Senate and Speaker of the House chose to intervene,” Hoover said. “Our attorneys maintained from day one at that point that we were entitled to attorney fees. For (the LRC) to use taxpayer dollars to defend their totally asinine, unconstitutional redistricting plan in an arrogant display of power and then to turn around and criticize us is ridiculous.”

Plaintiffs can sue for attorney fees under federal civil rights claims an in this case, Shepherd ruled the facts of the plaintiffs’ state claim were the same as those relating to violation of federal rights.

“The movants (plaintiffs) presented a substantial question related to the violation of their rights under the due process and equal protection clauses of the 14th Amendment,” Shepherd wrote in his ruling. “Their federal constitutional claims arise out of the same facts as the state law claim.”

If the two sides agree on a settlement by Aug. 30 they are to submit to Shepherd an agreed order by Sept. 7. If not, Shepherd ordered the plaintiffs to file arguments in support of their request for costs, supported by copies of time and expense reports of their attorneys, by Sept. 14. The LRC would be granted time to oppose that request.

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.