Opinion
CIVIL ACTION NO. 1:03-CV-693-CAP
June 3, 2004
Order
In an order dated March 1, 2004, the court appointed Mr. Joseph Hatchett to serve as Special Master in this action pursuant to Federal Rule of Civil Procedure 53. As Special Master, Mr. Hatchett was charged with the duty to prepare and submit to the court a report and recommendation, including proposed redistricting plans for the Georgia House and Senate, as the Georgia General Assembly had failed to submit enacted reapportionment plans in the time allotted. The Special Master was authorized to retain appropriate experts and assistants as were reasonably necessary in order to accomplish his task within the time constraints imposed by the court. To that end, the court directed that all reasonable costs and expenses of the Special Master, including reasonable compensation to himself, his law firm, and any expert advisers and assistants he retained, would be paid by the State of Georgia, subject to approval by the court.
On March 15, 2004, the Special Master filed with the Court a Report and Recommendation proposing the adoption of new plans for the Georgia House and Senate. After the filing of comments and objections, the Special Master submitted a second and then a third set of plans for the Georgia House and Senate. In drafting each set of plans, the Special Master received substantial assistance from personnel at the Georgia Legislative Reapportionment Office, as well as from Dr. Nathaniel Persily, a nationally-recognized expert in developing redistricting maps, and other experts and assistants. In an order dated March 25, 2004, the court adopted the Special Master's third set of plans ("the 1-B Plans").
The Special Master has now submitted statements of the fees and expenses relating to this matter. These statements are attached as Exhibit 1. However, certain billing information, such as social security numbers, e-mail addresses, credit card numbers, and similar information, has been redacted; this information will be supplied on a restricted and confidential basis upon request of the parties and will be made available at the time of payment by the State of Georgia for proper accounting and reporting. Additionally, copies of the receipts for hotel, airline, car rental, and similar expenses for the Akerman Senterfitt law firm have been requested and will be provided to the parties.
The parties should note that while the billing statement of the Special Master and members of his law firm, Akerman Senterfitt, reflects the firm's usual per hour billing rate, page 2 of the Special Master's letter dated May 26, 2004, states:
The usual hourly rates do not apply in this case, The Court and the Special Master reached an understanding that the Court would award to the Special Master and aides' law firm a reasonable fee for services rendered.
The parties should also note that while certain extraordinary expenses were incurred by this court in connection with providing office space, equipment, copies, and after hours utilities for the Special Master, the court does not intend, at this time, to impose those costs on any party.
The court furnishes the Special Master's statements of fees and expenses to the parties pursuant to Rule 53(h)(1). The parties are directed to file, in writing, any objections or comments to these statements by June 17, 2004.