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PARTICIPATE,IN ESCAMBIA COUNTY VS. MC MILIAN CASE <br />Attorney Brandenburg reviewed the following memo, <br />noting that this participation would merely list Indian <br />River County's name before the Supreme Court and help to <br />impress them with the importance of this case. <br />TO: Members of the DATE:FILE: <br />March 8,'1983 <br />Board of County Commissioners <br />SUBJECT: Participation as <br />Amicus Curiae in the <br />Escambia County, Florida <br />v. Henry T. McMillan Case <br />Pending Before the U. S. <br />Supreme Court <br />FROM: Gary M. Brandenburg REFERENCES: <br />County Attorney <br />This office has received a request from Escambia County to place <br />Indian River County's name and my name as County Attorney on a list <br />of Florida cpunties submitting briefs as amicus curiae in the U. S. <br />Supreme Court. <br />This case involves very important points for non -chartered counties <br />such as Indian River County; the constitutionality of the at -large <br />method of electing County Commissioners as provided by the Florida <br />Constitution',and the ability of a county to establish a new <br />election syst" once the previous system is held to be <br />unconstitutional. <br />The Federal District Court held the at -large method of electing <br />County Commissioners as <br />rprovided by the Florida Constitution and <br />applied in Escambia County invalid. The court then held the County <br />Commission's attempt to.adopt by ordinance a remedial means of <br />electing County Commissioners to be invalid.- The Federal Court of <br />Appeals upon rehearing agreed with the District Court. <br />Because the Supreme Court of the United States hears only a very <br />small percentage (i.e. 150 cases per year) of the cases submitted <br />for consideration, it is necessary to stress the wide-ranging <br />effect of such decisions when requesting a review -by the Supreme <br />Court. Consequently, Escambia County has requested the support of <br />the 61 other non -charter counties. To date the following counties <br />have agreed to act as amicus curiae: Lee County, Jefferson County, <br />Seminole County, Orange County, Manatee County, Jacksoii County, <br />Citrus County, Suwannee County, Alachua County, Hendry County; <br />Wakulla County, Brevard County, Martin County, Palm Beach Counj;y, <br />Taylor County, Franklin County, St. Johns County, Leon County,, <br />Charlotte County, Sumter County as well as the State Association of <br />County Commissioners for the State of Florida. <br />To participate will not require the expenditure of funds by Indian <br />River County and might aid in the clarification of very important <br />issues that will eventually affect this County. I recommend that <br />Indian River County participate as amicus curiae. <br />52 x3 pnt <br />