Sonics case moved to federal court

By Darnell Mayberry
Staff Writer
The court case between the city of Seattle and the Sonics has been removed from Washington state’s King County Superior Court, and the future of the franchise is now in the hands of a federal court judge. Judge Ricardo Martinez of the U.S. District Court for the Western District of Washington, has been appointed to the case. He replaces King County Superior Court Judge Harry McCarthy, who was scheduled to begin hearings for the case on Wednesday without oral arguments. Late Tuesday afternoon, however, McCarthy signed off on the case’s transferal, according to his assistant Judy Hansen.

Under federal law, the Sonics had the right to move the case to federal court based on “diversity jurisdiction,” which allows any dispute between parties from different states to be heard in federal court rather than state court. The Sonics ownership group is from Oklahoma, and the city of Seattle is fighting to keep the team in Washington. The Sonics had 30 days to move the case to federal court from the time Seattle officials filed its lawsuit on Sept. 24.

Seattle officials are arguing that the Sonics should not be allowed to vacate KeyArena until their arena contract agreement expires in 2010. The city also is arguing that the matter can’t be decided by arbitration and must be resolved in court. Attorneys for the Sonics contend the city should not be able to force the franchise to remain at KeyArena if the team fulfills its financial payments for the remaining years of the arena contract. The Sonics also wanted the matter settled through arbitration rather than in court, although it’s unclear whether that still is the team’s preference with the case now in federal court.

The move to federal court might be a small victory for the Sonics, legal experts say. Out-of-state parties often attempt to receive a more impartial judge and jury in federal court than in state court. Since federal court judges are appointed by presidents and are granted life tenure, and state court judges are elected by the general public, federal court judges could be less influenced by voters. Martinez was nominated by President George Bush in October of 2003 and confirmed by the U.S. Senate in June of 2004. A native of Mercedes, Texas and a 1975 graduate of the University of Washington, Martinez had previously served as a U.S. Magistrate Judge for the Western District of Washington for six years and as a King County Superior Court Judge for nine years.

Sonics chairman Clay Bennett has said that he would apply with the NBA for relocation to Oklahoma City if an agreement for a new publicly-funded arena was not reached by Oct. 31. Bennett recently maintained that no progress has been towards a new arena, as he still hasn’t seen any concrete plans that include feasible funding. Although Bennett recently said he would refrain from applying for relocation on Nov. 1 to avoid overshadowing the Sonics’ home opener, he said it would only be a matter of time before he files an application.