Plaintiffs' Motion for Summary Judgment; Affidavits (Redacted)

    S. • 

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, 
V . 

BUDDY ROEMER, et al., 

Defendants-Appellees. 

Civil Action 
No. 86 '5=16 4-to0' 
Section A 

PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT 

• Pursuant to Fed. R. Civ. P. 56, plaintiffs seek summary 

judgment on their claim that the present method of electing 

,Louisiana Supreme Court Justices from the First Supreme Court 

District denies them an equal opportunity to elect the candidate 

of their choice in violation of section 2\ of the Voting Rights 

Act of 1965 as amended, 42 U.S.C. § 1973. 

The grounds for this motion are set out in Plaintiffs' 

Statement Pursuant to this Court's Rule 3.9; in the affidavits 

attached to this Motion; and in the accompanying Brief in Support 

of Plaintiffs' Motion for Summary Judgment. 

WILLIAM P. QUIGLEY 
901 Convention Center Blvd. 
Fulton Place 
Suite 119 
New Orleans, LA 70130 
(504) 524-0016 

Respectfully submitted, 

( -) 

4-uoJ 1: a  

JULIUS L. CHAMBERS 
CHARLES STEPHEN RALSTON 
C. LANI GUINIER 
JUDITH REED 

99 Hudson Street, 16th Floor 
New York, New York 10013 
(212) 219-1900 



PAMELA S. KARLAN 
University of Virginia 
School of Law 
Charlottesville, VA 22901 
(804) 924-7810 

ROY RODNEY, JR. 
643 Magazine Street 
New Orleans, LA 70130 
(504) 586-1200 

Dated: August 15, 1988 

2 

RON WILSON 
Richards Building, Suite 310 
837 Gravier Street 
New Orleans, LA 70112 
(504) 525-4361 

Counsel for Plaintiffs 



S 

CERTIFICATE OF SERVICE 

I hereby certify that on August , 1988, I served copies 

of the foregoing motion upon the attorneys listed below via 

United States mail, first class, postage prepaid: 

William J. Guste, Jr., Esq. 
Atty. General 
La. Dept. of Justice 
234 Loyola Ave., Suite 700 
New Orleans, LA 70112-2096 

M. Truman Woodward, Jr., Esq. 
1100 Whitney Building 
New Orleans, LA 70130 

Blake G. Arata, Esq. 
210 St. Charles Avenue 
Suite 4000 
New Orleans, LA 70170 

A. R. Christovich, Esq. , 
1900 American Bank Buildihg 
New Orleans, LA 70130 

Moise W. Dennery, Esq. 
21st Floor Pan American Life Center 
601 Poydras Street 
New Orleans, LA 70130 

Robert G. Pugh 
330 Marshall Street, Suite 1200 
Shreveport, LA 71101 

Robert Berman 
Civil Rights Division 
Department of Justice 
P.O. Box 66128 
Washington, D.C. 20035 

Peter Butler 
Butler, Heebe & Hirsch 
712 American Bank Building 
New Orleans, LA 70130 

3 



Charles A. Kronlage, Jr. 
717 St. Charles Avenue 
New Orleans, LA 70130 

Counsel for Plaintiffs 

4 



, 

IN THE 
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

No. 87-3463 

RONALD CHISOM, et a • 

Plaintiffs-Appellants, 
V. 

EDWIN EDWARDS, et al., 

Defendants-Appellees. 

• • 

• 

• • 

• • 
• 

AFFIDAVIT OF DR. RICHARD L. ENGSTROM 

Richard L. r.r.gztrom, being sworn, deposes and says: 

1. I make this affidavit in support of Appellants' Motion 

for an Injunction Pending Appeals or, in the Alternative, for 

Issuance of the Mandate. 

2. I am currently Research Professor of Political Science 

at the University of New Orleans, in New Orleans, Louisiana. A • 

copy of my current curriculum vitae is attached to this affidavit 

as Appendix A. 

3. I have done extensive research into the relationship 

between electoral structures and the ability of black voters to 

participate fully in the political process and to elect the 

candidates of their choiqe. Among my many publications are 

Engstrom & Wildgen, Pruning Thorns From the Thicket: An Empirical  

Test of the Existence of Racial Geriormanderinct, 2 Legis. Stud. Q. 

465 (1977); Engstrom & McDonald, Ouantitative Evidence in Vote  

Dilution Litigation: Political Participation and Polarized  



Voting, 17 Urb. Law. 369 (1985); and Engstrom, The Reincarnation  

of the Intent Standard: Federal Judges and At-Larae Election  

Cases, 28 How. L.J. 495 (1985). Each of these was cited with 

approval in Thornbura V. Gingles, 478 U.S. , 92 L.Ed.2d 25 

(1986), the only Supreme Court decision interpreting amended 

section 2 of the Voting Rights Act. See. e.g., 92 L.Ed.2d at 48, 

n. 20, 50, 60. 

4. I was retained by the plaintiffs in Clark v. Edwards, 

No. 86-435-A (M.D. La.), to analyze several issues with regard to 

the opportunities of black voters in Louisiana to participate in 

the judicial elections process and to elect the candidates of 

their choice. Among other things, I was asked to examine the 

results of judicial elections in which black candidates ran to 

determine whether such elections are racially pOlarized, that is, 

whether there is "a correlation between the race of voters and 

the selection of certain candidates." Thornburg V. Gingles, 92 

L.Ed.2d at 61. 

5. Appellants in this case have asked me to present my 

findings with regard to the presence of racial polarization in 

judicial elections conducted within Orleans Parish. 

6. I used two complementary methods for determining 

whether voting was racially polarized--extreme case (or 

homogeneous precinct) analysis and bivariate ecological 

regression. These are the methods approved by the Supreme Court 

in Gingles. 92 L.Ed.2d at 48. A brief summary of the 

methodology is contained in Appendix B. 

2 



7. There were 27 separate contests in which Black candidates 

ran against white opponents. ( In four of those contests, 

two black candidates competed.) Regression analyses of 

these elections show that black voters cast a majority of 

their votes for the black candidates in 24 of the 27 

elections. By contrast, white voters preferred white 

candidates in all 27 contests. The estimates based on extreme 

case analysis show the same pattern: in 24 of the 27 elections 

a majority of black voters voted for black candidates, while 

in all 27 elections a majority of white voters voted for 

white candidates. The estimated racial divisions in the 

vote revealed by the regression analyses of these elections, 

along with the correlation coefficient reflecting the 

consistency with which the race of the registered voters 

- in the various- precincts is associated with the vote for 

•the respective black candidates, are reported in Appendix 

C, Table 1 and Table 3. The estimated racial divisions 

in the vote revealed by the extreme case analyses are reported 

in Appendix C, Table 2 and Table 4. 

8. I conclude from my analysis that voting within Orleans 

Parish in judicial elections reflects racial polarization, 

as that term is defined in les. 

Sworn to and subs,cr4bed 
before me this  4Ir  th 
day of May 1988 

3 



APPENDIX A 



VITA 

March, 1988 

RICHARD L. ENGSTROM, Research Professor of Political Science 
University of New Orleans 

OFFICE  

Department of Political Science 
University of New Orleans 
Lakefront 
New .Orleans, LA 70148 

HOME 

  
  

Phone: (504) 245-3447 

• PERSONAL AND EMPLOYMENT INFORMATION  

Born May 23, 1946. Married to former Carol L. Verheek. -Four 
children: Richard Neal, born 3/10/70; Mark Andrew, born 1/14/73; 
Brad Alan, born 3/31/77; and Amy Min, born 8/18/84. 

Assistant Professor of Political Science, University of New .Orlaans 
(formerly Louisiana State University in New Orleans), 1971-1974. 

Associate Professor of Political Science, University of New Orleans, 
1974-1979. 

Chaiiperson, Department of Political Science, University of New 
Orleans, 1976-1979. 

Professor of Political Science, University of New Orleans, 1979-
present. 

Research Professor of Political Science, 1987-present. 

Fulbright-Hays Professor, National Taiwan University and National 
Chengchi University, and Visiting Research Fellow, Institute of 
American Culture, Academic Sinica, Taipei, Taiwan, R.O.C., 1981-82. 

Fulbright-Hays Professor, University College, Galway, Ireland, 1985-
86. 

Recipient, UNO Alumni Association's Career Distinction Award for 
Excellence in Research, December 1985. 

FORMAL EDUCATION  

Ph.D., University of Kentucky, 1971 

M.A., University of Kentucky, 1969 

A.B., Hope College (Holland, Michigan), 1968. 
(recipient of Class of '65 Political Science Award, 1968. 



Dr. Richard L. Engstrom 
Page 2 

PRIMARY TEACHING FIELDS  

Urban Government and Politics, Black Politics, Legislative Process, 
American Politics. 

PROFESSIONAL ACTIVITIES  

Associate Member, Centre for the Study of Irish Elections, University 
College Galway. 

Member, Board of Editors /Public Administration Quarterly .1977-
present. 

Member, Editorial Board, Journal of Politics, 1988-present. 

Member, Board of Editors, State and Local Government Review .1988-
1990. 

Treasurer, Southwestern Political Science . Association, 1981 
(position resigned during term due to Fulbright Lectureship). 

Member, Nominating Committees / Southern Political Science 
Association, 1980; Louisiana Political Science Association, 1981. 

Member /. Chastain Award Committee, Southern Political Science 
Association, 1978. 

Member, Program Committee (Urban Politics Section), 1976 Annual 
Meeting of the Southern Political Science Association, Atlanta, 
Georgia. 

Member, Membership Committee, Southwestern Social Science 
Association, 1973-74. 

Presented papers at meetings of the American Political Science 
Association, International Political Science Association, Midwest 
Political Science Association, Southern Political Science 
Association, Louisiana Political Science Association, Citadel 
Symposium on Southern Politics, International Society of Political 
Psychology, and Harvard University Computer Graphics Week. 

Chaired panels at meetings of the Southern Political Science 
Association and American Political Science Association. 

Served as discussant for panels at meetings of Southwestern Social 
Science Association; Louisiana Political Science Association; 
Institute of American Culture, Academic Sinica (Taiwan). 



Dr. Richard L. Engstrom 
Page 3 

PROFESSIONAL ACTIVITIES - cont'd 

Reviewed manuscripts for the American Political Science Review, 
American Journal of Political Science, Journal of ISITEITi, Western 
Political QuarteiT7,-TUTIFF7SOZITI-Ncience Quarterly, Legislative  
Studies Quarterly, • American Politics Quarterly, Public  
Administration Quarterly, National Political Science Review, State 
and Local Government Review, and Howard University Press. 

Recipient of grant from Pacific Cultural Foundation, Taipei, Taiwan 
to support project entitled "The Legislative Yuan: A Study of 
Legislative Adaptation", (1982). 

Recipient of grant from private sources, New Orleans, to support a 
study of mayoral tenure in large American cities (1983). 

Reviewed grant proposals for National Science Foundation programs in 
Political Science and Law and Social Sciences, and National,Science 
Foundation graduate fellowship applications for the. National 
Research Council. 

COMMUNITY AND UNIVERSITY SERVICE  

Chairperson, Taskforce'on Civil Service, Mayor-Elect Ernest Morial's 
Transition Office (New Orleans), 1977-78. 

Chairperson, Search Committee for Vice Chancellor for Research and 
Graduate Studies and Dean of the Graduate School, 1987-88. 

Chairperson, Search Committee for Graduate Dean, UNO, 1978-79. 

Member, University Budget Committee, UNO, 1983-84. 

Member, Graduate Council', UNO, 1975-76. 

• Member, Liberal Arts Advisory Committee, UNO, 1975-76, 1982-84. 

Member, Academic Planning Committee, UNO, 1982-1988. 

Member, Faculty Council Committee on Faculty Honors, UNO, 1985-1990. 

Member, Committee on Research, UNO Self-Study, 1972-73; 1982-83. 

Member, Dean's Advisory Committee on Academic Planning, College of 
Liberal Arts, UNO, 1983-84. 

Member, University Senate, UNO, 1975-77; 1980-81; 1983-85. 



Dr. Richard L. Engstrom 
Page 4 

UNIVERSITY AND UNIVERSITY SERVICE - cont'd 

Member, •Steering Committee, Legal Division, New Orleans Chapter, 
American Foundation for Negro Affairs, 1977-79. 

Vice President, 1975-76, and Member of the Board, 1976-77 and 1977-
78, Diversity's Gallery: A Foundation for the Arts (New Orleans). 

Service as expert witness in numerous vote dilution cases in federal 
courts. Employed by the United States Department of Justice, 
Lawyers' Committee for Civil Rights Under Law, NAACP Legal Defense 
Fund, Center for Constitutional Rights, and other organizations and 
plaintiffs. 

Numerous presentations before groups such as the Louisiana Municipal 
Association; League of Women Voters; Public Policy Forums at 
Southern University in Baton Rouge; Louisiana Municipal Clerks 
Institute; (La.) Black Legislative Caucus Institute; Robert A. Taft 
Institute of Government Seminars, Southern University; Special 
Committee on . Elective Law and Voter Participation, American .par 
Association; .Subcommittee on Civil and Constitutional Law, United 
States House of Representatives Committee on the Judiciary; 
Institute of American Culture, Academic Sinica. (Taiwan); Foundation 
for Scholarly Exchange (Taiwan), University College Galway, 
University College Dublin, Queen's university of Belfast, 
University of Keele, APSA Summer Institute for Black Students, 
College of William and Mary, and Sangamon State University. 

REFERENCES  

Dr. Robert E. Darcy, Department of Political Science, Oklahoma State 
University, Stillwater, Oklahoma 74074 

Dr. Michael D. McDonald, Department of Political Science, State 
University of New York at Binghamton, Binghamton, NY 13901 

Dr. Robert B. Thigpen, Department of Political Science, University 
of New Orleans, New Orleans, LA 70148 

Dr. Jewel Prestage, Department of Political Science, Southern 
University, Baton Rouge, LA 70813 

Dr. David W. Neubauer, Department of Political Science, University 
of New Orleans, New Orleans, LA 70148 



Dr. Richard L. Engstrom 
Page 5 

CURRENT RESEARCH ' 

"Council Size and the Election of Blacks from Single-Member 
Districts: Clarifying an Apparent Inconsistency Between Theory and 
Data" (with Michael D. McDonald). Initial draft presented at the 

XIIIth World Congress of the International Political Science 
Association, Paris, France, 1985. 

"At-Large Plus: The Impact of Anti-Single Shot Voting Rules and 
Staggered Terms on Black Councilmanic Representation" (with Michael 
D. McDonald). 

"The Politics of PR: Electoral Manipulation and Reform in Ireland" 
(in progress). 

"Cumulative Voting as a Remedy for Minority Vote Dilution: The 
Case of Alamogardo, New Mexico." 

"Minority Representation and Councilmanic Election Systems A Bleck 
and Hispanic Comparison," for inclusion in volume edited by Anthony 
Messina, Laurie Rhodebeck, Frederick Wright, and Luis R. Fraga. 



Dr.* Richard L. Engstrom — ' 
Page 1 

PUBLICATIONS 

MONOGRAPHS  

Home Rule for Louisiana Parishes (Baton Rouge: Police Jury 
Association of Louisiana and Governmental Services Institute, 
Louisiana State University, 1974). 

Municipal Home. Rule in Louisiana (Baton Rouge: Louisiana Municipal 
Association and Governmental Services Institute, Louisiana State 
University, 1974). 

Municipal Government Within the 1974 Louisiana Constitution: A 
Reference .Guide for MUEIETTir75ffiFigls Baton. Rouge: Louisiana 
Municipal Associati3E and Governmental Services Institute, Louisiana 
State University, 1975). 

Louisiana Mayor's Handbook (Baton Rouge: Louisiana Municipal 
Association and Governmental  Services Institute, Louisiana State 
University, 1977), (with Edward Clynch and Konrad Kressley1„. 

Mayoral Tenure in Large American Cities (New Orleans: School of 
Urban and Regional Studies, University of New Orleans-, 1983). 

ARTICLES, RESEARCH NOTES AND BOOK CHAPTERS  

"Statutory Restraints on Administrative Lobbying -- 'Legal 
Fiction', Journal of Public Law, Vol. 19, No. 1 (1970), 90-103 
(with Thomas G. WaiRe1)7---Reprinted in Dennis Ippolito and Thomas 
Walker (eds.), Reform and Responsiveness: Readings in American  
Politics (New York: St. Martin's Press, Inc., 1972), pp. 428-438. 

"Race and Compliance: Differential Political Socialization," Polity, 
3 (Fall 1970), 100-111. Reprinted in Charles S. Bullock, III, and 
Harrell Rogers, Jr. (eds.), Black Political Attitudes: Implications 
for Political Support (Chicago: Markham PubilTEIET53., 1972), pp. 
33-44. 

"Political Ambitions and the Prosecutorial Office," Journal of 
Politics, 33 (February 1971), 190-194. 

"Life-Style and Fringe Attitudes Toward the Political Integration of 
Urban Governments," Midwest Journal of Political Science 15 (August 
1971), 475-494 (with W.E. Lyons 

"Expectations and Images: A Note on Diffuse Support for Legal 
Institutions," Law and Society Review, 6 (May 1972), 631-636 (with 
Michael W. Giles). 



Dr. Richard L. Engstrom 
Page 2 

ARTICLES, RESEARCH NOTES, AND BOOK CHAPTERS - cont'd 

"Black Control or Consolidation:The Fringe Response," Social Science' 
Quarterly, 53 (June 1972), 161-167 (with W.E. Lyons). 

"Life-Style and Fringe Attitudes Toward the Political Integration of 
Urban Governments: A Comparison of Survey Findings," American 
Journal of Political Science, 17 (February 1973), 182-188 (with W.E. 
Lyons 

"Racial Gerrymandering and Southern State Legislative Redistricting: 
Attorney General Determinations Under the Voting Rights Act," 
Journal of Public Law, Vol. 22, No. 1 (1973), 37-66 (with Stanley A. 
UTTFIR7 . )7----

"Socio-Political Cross Pressures and Attitudes Toward Political 
Integration of Urban Governments," Journal of Politics, 35 (August 
1973), 682-711 (with W.E. Lyons). 

"Candidate Attraction to the Politicized Councilmanic Office: A Note 
on New Orleans," Social Science Quarterly, 55 (March 1975), 975-982 
(with James N. Pezant). 

"Home Rule in Louisiana -- Could This Be The Promised Land?," 
Louisiana History, 17 (Fall 1976), 431-45. 

"Judicial Activism and the Problem of Gerrymandering," in Randall B. 
Ripley and Grace A. Franklin (eds.), National Government and Public  
Policy in the United States (Itasca, Peacock Publishers, Inc., 
1977) , pp. 239-244. 

"The Supreme Court and Equi-Populous Gerrymandering: A Remaining 
Obstacle in the Quest for Fair and Effective Representation," 
Arizona State Law Journal, Vol. 1976, No. 2 (1977), 277-319. Cited 
extensively in Karcher v. Daggett,   U.S. (1983) 
(by J. Stevens, concurring, and J. White, dissenting 

"State Centralization Versus Home Rule: A Note on Ambition Theory's 
Powers Proposition," Western Political Quarterly 30 (June 1977), 
288-294 (with Patrick F. O'Connor). 

"Pruning Thorns from the Thicket:- An Empirical Test of the Existence 
of Racial Gerrymandering," Legislative Studies Quarterly, 2 
(November 1977) 465-479 (with John K. Wildgen). Cited extensively 
in Thornburg v. pingles,,   U.S.   (1986) (by J. 
Brennan). 

"Racial Vote Dilution: Supreme Court Interpretations of Section 5 of 
the Voting Rights Act," Southern University Law Review, 4 (Spring 
1978), 139-164. 



• 
Dr. Richard L. Engstrom 
Page 3 

ARTICLES, RESEARCH NOTES, AND BOOK CHAPTERS - cont'd 

"The Political Behavior of Lawyers in the. Louisiana House of 
Representatives," Louisiana Law Review 39 (Fall 1978), 43-79 (with 
Patrick F. O'Connor, Justin J. Green, and Chong Lim Kim). 

"Restructuring the Regime: Support for Change Within the Louisiana 
Constitutional Convention," Polity 11 (Spring 1979), 440-451 with 
Patrick F. O'Connor). 

"The Hale Boggs Gerrymander: Congressional Redistricting, 1969," 
Louisiana History, 21 (Winter 1980), 59-66. 

"Lawyer-Legislators and Support for State Legislative Reform," 
Journal of Politics, 42 (February 1980), 267-276 (with Patrick F. 
O'Connor). 

"Racial Discrimination in the Electoral Process: The Voting Rights 
Act and the Vote Dilution Issue," in Robert P. Steed, Lawrence.W. 
Moreland, and Tod A. Baker, (eds.), Party Politics in the South (New 
York: Praeger Publishing, 1980),. pp. 197-213. 

"Spatial Distribution of Partisan Support and the Seats/Votes 
Relationship," Legislative Studies Quarterly, 5 (August 1980), 423-
435 (with John K. Wildgen). 1 

"Computer Graphics and Political Cartography: ASPEX of 
Gerrymandering," in Computer Mapping 'Applications in Urban, State,  
and Federal Government, Plus Computer Graphics in Education, Vol. 
16, Harvard Library of Computer Graphics, 198T—Mapping Collection 
(Cambridge, Mass.: Laboratory for Computer Graphics and Spatial 
Analysis, Harvard University, 1981), pp. 51-57 (with John K. Wildgen). 

"The Election of Blacks to City Councils: Clarifying the Impact of 
Electoral Arrangements on the Seats/Population Relationship," 
American Political Science Review, 75 (June 1981), 344-354 (with 
Michael D. McDonald). 

"Post-Census Representational Districting: The Supreme Court, 'One 
Person, One Vote,' and the Gerrymandering Issue," Southern  
University Law Review, 7 (Spring .1981), 173-226. 

"Municipal Government," in James Bolner (ed.), Louisiana Politics: 
Festival in a Labyrinth (Baton Rouge: Louisiana State University 
Press, 1982), pp. 181-219. 

"The 1980 Election and the Realignment Thesis: A Note of Caution," 
American Studies (Mei-kuo-Yen-chiu), 12 (June 1982), 107-132. 



Dr. Richard L. Engstrom' 
Page 4 

ARTICLES, RESEARCH NOTES, AND BOOK CHAPTERS - cont'd 

"Racial Vote Dilution and the 'New' Equal Protection Clause: City of 
Mobile V. Bolden," American Studies (Mei-kuo-Yen-chiu) 12 
September 1982), 25-72. 

"The Underrepresentation of Blacks on City Councils: Comparing the 
Structural and Socioeconomic Explanations. for South/Non-South 
Differences," Journal of Politics, 44 (November 1982), 1088-1099 
(with Michael D. McDonald). 

"The Impact of the 1980 Supplementary Election on Nationalist 
China's Legislative Yuan," Asian Survey, 24 (April 1984), 447-458 
(with Chu Chi-hung). 

"The Marginality Hypothesis and the State Legislative Salary Issue," 
Southeastern Political Review, 13 (Spring 1985), 169-182 (with 
Patrick F. O'Connor 

"Racial Vote Dilution: The Concept and the court," in Lorn Foster 
(ed.), The Voting Rights Act: Consequences and Implications (New 
York: Praeger Publishers, 1985), pp. 13-43. 

"Quantitative Evidence in Vote - Diluticon Litigation: Political 
Participation and Polarized Voting," Urban Lawyer, 17 (Summer 
1985), 369-377 (with Michael D. McDonald). Cited in Thornburg V. 
Gingles,   U.S.   (1986) (by J. Brennan). 

• "The Reincarnation of the Intent Standard: Federal Judges and At-
Large Election Cases," Howard Law Journal 28 (No 2, 1985), 495-513. 
Cited in Thornburg v. Tiirg-rgs,   U.S. (1986) (by 
J. Brennan). Abbreviated version appeared in iFocri— riiine, 1985). 
(Focus is a monthly publication of the Joint Center for Political 
Studies in Washington, D.C.). 

"The Effect of At-Large Versus District Elections on Racial 
Representation in U.S. Municipalities," in Bernard Grofman and Arend 
Lijphart (eds.), Electoral Laws and Their Political Consequences 
(New York: Agathon Press, Inc., 1986), pp. 203-225 (with Michael D. 
McDonald). 

"Repairing the Crack in liew Orleans' Black Vote: VRA's Results Test 
Nullifies 1Gerryduck'," Publius 16(Fall 1986), 109-121. 

"Quantitative Evidence in Vote Dilution Litigation, Part II: 
Minority Coalitions and Multivariate Analysis," Urban Lawyer  
19(Winter 1987), 65-75 (with Michael D. McDonald). 

"District Magnitudes and the Election of Women to the Irish Dail," 
Electoral Studies, 6 (August 1987), 123-132. 



• 
Dr. Richard L. Engstrom 
Page 5 

ARTICLES3 RESEARCH NOTES L AND BOOK CHAPTERS - cont'd 

"The .Election of Blacks to Southern City. Councils: The Dominant 
Impact of Electoral Arrangements," in Laurence W. Moreland,. Robert 
P. Steed, and Tod A. Baker (eds.) Black Politics in the South (New 
York: Praeger Publishers, 1987), pp. 245-258 (with Michael D. 
McDonald). 

• 

"Race, Referendums, and Rolloff" Journal of Politics 49 -(November 
1987), 1081-1092 (with Jim M. Vande-aggUW. 

"Definitions, Measurements, and Statistics: Weeding Wildgen's 
Thicket," Urban Lawyer 20(Winter 1988), 175-191 (with Michael D. 
McDonald). 

"The Desirability Hypothesis and the Election of Women to City 
Councils," State and Local Government Review 20 (Winter 1988), 38-40 
(with Michael D. McDonald and Bih-Er dHEU)7-

"nack Politics and the Voting Rights Act(s): 1965-1982,"_in,James, 
Lea (ed.), Contemporary Southern Politics: Continuity and Change  
(Baton Rouge: Louisiana State UniveMITTiess, (forthcoming). 

"Detecting Gerrymandering," in Bernard Grofman (ed.), Toward Fair 
and Effective Representation: Political Gerrymandering and -EF-e-

• Courts forthcomillg) (with Michael D. McDonald). 
• 

"Race and Representational Districting: Protections Against 
Delineational and Institutional Gerrymandering" Comparative State 
Politics Newsletter (forthcoming, special issue). 

BOOK REVIEWS  

Review of John Wilson Lewis (ed.), THE CITY IN COMMUNIST CHINA, in 
Journal of Politics, 34 (February 1972), 310-311. 

Review of Arthur I. Blaustein and Geoffrey Faux, THE STAR-SPANGLED 
HUSTLE: WHITE POWER AND BLACK CAPITALISM in Wall Street Review of 
Books, 1 (June 1973), 215-229. 

Review of Carroll Smith Rosenberg, RELIGION AND THE RISE OF THE 
AMERICAN CITY: THE NEW YORK CITY MISSION MOVEMENT, 1812-1870, in 
Christian Scholar's Review, Vol. 4, No. 1 (1974), 73-75. 

Review of Charlie Brower, ME, AND OTHER ADVERTISING GENIUSES, in 
Wall Street Review of Books, 2 (September 1974), 226-227. 



Dr. Richard L. Engstrom 
Page 6 

BOOK REVIEWS - cont'd 

Review of Robert Higgs, COMPETITION AND COERCION, BLACKS IN THE 
AMERICAN ECONOMY, 1865-1914, in Wall Street Review of Books,- -6 
(Spring 1978), 117-119. 

Review of Herbert E. Alexander, 
Alexander, FINANCING POLITICS: 
REFORM, in Wall Street Review 91 

Review of James M. Buchanan and 
DEFICIT: THE POLITICAL LEGACY OF 
of Books, 6 (Fall 1978), 319-320. 

Review of American Enterprise Institute for Public Policy Research, 
ZERO-BASE BUDGETING AND SUNSET LEGISLATION, in Wall Street Review of 
Books, 7 (Winter 1979), 53-55. 

Review of David Rogers, CAN BUSINESS MANAGEMENT SAVE THE CITIES? THE 
CASE OF NEW YORK, in Wall Street Review 91 Books, 7 (Spring 1979), 

75-77. 

MONEY IN POLITICS, and Herbert E. 
MONEY, ELECTIONS, AND POLITICAL 
Books, 6 (Summer . 1978), 209-211. . 

Richard E. Wagner, DEMOCRACY IN 
LORD KEYNES, in Wall Street Review 

Review of Kevin R. Cox and R.. J. Johnston.(eds.), CONFLICT, 
AND THE URBAN SCENE, in American Political Science Review, 
1984), 531-532. 

Review of Manuel Carballo and Mary Jo Bane 
POOR IN THE 1980s, in American Political Science Review, 79 (June 

1985), 523-524. 

Review of Terry Sanford, A DANGER TO DEMOCRACY: THE PRESIDENTIAL 
NOMINATING PROCESS, in Presidential Studies Quarterly, 16 (Winter 
1986), 153-155. 

Review of Charles W. 'Whalen, Jr., THE HOUSE AND FOREIGN POLICY: THE 
IRONY OF CONGRESSIONAL REFORM, in Presidential Studies Quarterly, 16 
(Spring 1986), 369-371. 

Review of Arend Lijphart and Bernard Grofman 
ELECTORAL SYSTEM: ISSUES AND ALTERNATIVES, in 
(1986), 125-127. 

POLITICS 
78 (June 

(eds.), THE STATE AND THE 

Review of David McKay, AMERICAN POLITICS AND 
Studies Quarterly 17(Fall 1987), 784-785. 

Review of Sheila D. Collins, THE RAINBOW CHALLENGE: THE JACKSON 
CAMPAIGN AND THE FUTURE OF AMERICAN POLITICS, in Presidential  
Studies Quarterly (forthcoming). 

(eds.), -CHOOSING AN 
Irish Political Studies, 

SOCIETY, in Presidential 



• 

APPENDIX B 



• :.•••• 

METHODOLOGY 

Extreme Case Analysis  

Extreme case analysis is based on racially "homogeneous" 

precincts (in this analysis, precincts in which at least 90% of 

the registered voters are of one racial group or the other). 

Reported in the tables are simply the percentage of the votes 

cast within each group of homogeneous precincts (black or white) 

that were cast in support of the black candidate. 

Bivariate Ecological Regression 

Bivariate ecological regression provides estimates of the 

same behavior, but employs data for all precincts, not just those 

that are racially homogeneous. The figures reported in the 

tables are based on the empirical reationship between the 

percentage of registered voters in every precinct and .(1) the 

percentage of registered voters in every precinct voting for the 

black candidate(s) and (2) the percentage voting for white 

candidate(s). By examining two summary statistics through which 

these empirical relationships are expressed -- the intercept and 

the regression coefficient -- it is possible to estimate the 

percentage of both white and black registered voters who voted in 

a particular election, and also the percentage of the votes cast 

by each racial group that were cast in favor of a particular 

candidate. Each analysis has been weighted to reflect the 

different number of registered voters within each precinct. For 

a more detailed explanation of this estimation procedure (which 



was employed by the plaintiffs! *expert witness in the Gingles  

case), see Grofman, Migalski, and Noviello, "The Totality of 

Circumstances Test" in Section 2 of the 1982 Extension of the 

Voting Rights Act: A Social Science Perspective, 7 Law and Policy  

119, 202-205 (1985) (cited in Thornburg V. Gingles, 106 S.Ct. 

2752 2768 (1986)), or Grofman, An Outline for Racial Bloc Voting 

, . 
Analysis, Plaintiffs Exhibit 12, at 1-5, Gingles v. Edniisten, 

590 F. Supp. 345 (E.D.N.C. 1984) (three-judge court). 



APPENDIX C 



TABLE. 1 

Correlation Coefficients and Regression Estimate; 
of Racial Divisions in the Votes for Black Candidates 

Date of 
Election 

9/16/78 

3/3/79 

4/7/79 
(runoff) 

.'2/6/82 

3/20/82 
(runoff) 

6/18/83 

9/29/84 

11/6/84 
(runoff) 

2/1/86 

3/1/86 

10/24/87 

District 
(Parishes)  

Orleans 
Crim. Magistr. 

Orleans 
Civil H 

Orleans 
Civil H 

Orleans 
Criminal 

Orleans 
Criminal I 

Orleans 
Civil D 

Orleans 
Civil F 

Orleans 
Civil I 

Orleans 
Criminal B 

Orleans 
Criminal B 

Orleans 
Civil F 

Orleans 
Criminal 

Orleans 
Civil F 

Black 
Cand. 

Wilson 

Ortique 

Correlation % of Blacks' % of Whites' 
Votes Coefficientl Votes  

.883 32.0 2.0 

.829 96.7 

Ortique* .8'71 98.8 
• • • .•'•••••-•••••••••••••.... • ...•. • t. ••; 

Julien 
Wilson 

.834 
-.866 

41.02 
31.3 

Julien .962 88.1 

Davis 

Dorsey 

Johnson* 

Douglas. 

Douglas 

Magee 
Wilkerson 

.865 . 97.0 

.686 51.6 

.858 85.2 

.887 74.2 • 

.959 88.3 

.930 
-.534 

75.3 
21.8 

Blanchard .855 74.7 

Magee* .953 92.3 

4th Cir. Ct. Douglas .672 54.0 

App., Orleans 

Indicates candidates who were elected. 

13.8 

13.0 

5.0 
3,2 

16.3 

6.6 

23.2 

30.1 

7.2 

10.9 

9.3 
34.6 

15.0 

12.8 

22.2 

1 All correlation coefficients reflect a statistically significant 
relationship between the racial composition of precincts and the vote for 

the black candidate. 

2 The black candidate received a plurality of the votes cast by 

black voters. 



• TABLE 2 
. • •• ' • 

Date of 
Election 

.9/16/78 

3/3/79 

4/7/79 
(runoff) 

2/6/82 

3/20/82 
(runoff) 

6/18/83 

9/29/84 

11/6/84 
(runoff) 

2/1/86 

3/1/86 

10/24/87 

Extreme Case Estimates of Racial Divisions 
in the Vote for Black Candidates 

District 
(Parishes)  

Orleans 
Crim. Magistr. 

Orleans 
Civil H 

Orleans 
Civil H • 

Orleans 
Criminal 

Orleans 
Criminal I 

Orleans 
Civil D 

Orleans 
Civil F 

Orleans 
_Civil I 

Orleans 
Criminal B 

Orleans 
Criminal B 

Orleans 
Civil F 

Orleans 
Criminal J1/2 

Orleans 
Civil F 

4th Cir. Ct. 
App., Orleans 

Black 
Cand.  
• 
Wilson 

Ortique 

•Ort4AVe 

Julien 
Wilson 

Julien 

Davis 

Dorsey 

Johnson* 

Douglas 

Douglas 

Magee 
Wilkerson 

•% of Blacks' % of Whites' 
Votes Votes  

30.1 
• . 

89.2 

5.5 

39.7 
29.5 

86.2 

93.0 

51.4 

84.6 

71.9 

85.7 

72.8 
21.3 

Blanchard 73.5 

Magee* 88.8 

50.9 Douglas 

Indicates candidates who were elected. 

2.4 

5.9 
3.6 

18.2 

9.1 

23.3 

31.8 

7.4 

11.5 

9.8 
32.7 

16.1 

12.6 

20.8 



Table 3 

'Correlation Coefficients and Regression Estimates . 
of Racial Divisions in the Vote for Black Candidates i 

'Parish.and'Municipal;-Level.:Courts . • 

Date of 
Election  

.9/16/78 

Court 
Black Correlation % of Blacks' % of Whites' 

Candidate Coefficient Votes Votes 

• juvenile Court B, 
Or4eans: Parish, —Douglw 

Young 

10/27/79 Juvenile Court E, 
Orleans. Parish Young 

-First City Court Ci 
New Orleans Pharr 

12/8/79 
(Runoff) Juvenile Court E, 

Orleans Parish Young 

9/13/80 First City Court A, 
New Orleans Young 

11/4/80 
(Runoff) First City Court A, 

New Orleans Young 

10/17/81 First City Court C, 
New Orleans Thomas 

9/29/84 Juvenile Court A, 
Orleans Parish Gray 

Dannel 

Juvenile Court C, 
Orleans Parish Young 

11/6/84 
(Runoff) Juvenile Court A, 

Orleans Parish Gray* 

9/27/86 Juvenile Court D, 
Orleans Parish Dannel 

Municipal Court, 
New Orleans McConduit 

11/4/86 Municipal Court, 
New Orleans McConduit* 

• 
.911 ...... 574 
.799 

.933 64.7 

• • *: : 

3.0 
1.7 

4.5 

.525 6.1 1.6 

.863 79.5 25.3 

.894 72.2 • 3.9 

.974 91.7' 151 

.823 93.5 '16. 

.916 

.052 

.884 

68.9 
19.7 

46.22 

9.8 
18.7 

4:7 

.961 95.7 16.2 

.831 84.1 21.0 

.859 71,2 11.9 

.898 . 84.4 26.5 

*Indicates candidates who were elected. 

1. All correlation coefficients reflect a st atistically significant relationship between the 
racial composition of precincts and the vote for the black candidate except that for Dannel in 
the 1984 Juvenile Court, Division A election in Orleans Parish. 

2. The black candidates received a plurality of the votes cast by black voters. 



• 

Table 4 

Extreme Case Estimates of 
.Racial Divisions in the Vote for Black Candidates . . 

Parish and Municipal-Level Courts 

Date of Black % of Blacks' % of Whites' 
Election Court Candidate Votes Votes 

9116/72 • • :Juvenile Court . B,. 
Orleans Parish Douglas - 53.8 . 

Young 21.8 2.0 

10/27/79 Juvenile-Court E, 
. Orleans Parish Young 61.8 . • 

First City Court C, 
New Orleans Pharr 5.6 1.6 . 

12/8/79 
(Runoff) Juvenile Court E, 

Orleans Parish Young 77.5 26.4 

9/13/80 First City Court A, 
New Orleans Young 67.6 5.1 

11/4/80 
(Runoff) First City Court A, 

New Orleans . Young 89.0 17.2 

10/17/81 First City Court C, '\ 
New Orleans Thomas ' 86.6 17 .9 

9/29/84 Juvenile Court A, 
Orleans Parish Gray 67.3 10 .6 

Dannel 19.8 19.1 

Juvenile Court C, 
Orleans Parish Young 44.81 

11/6/84 
(Runoff) Juvenile Court A, 

Orleans Parish 

9/27/86 Juvenile Court D, 
Orleans Parish 

Municipal Court, 
New Orleans 

11/4/86 - 
(Runoff) Municipal Court, 

New Orleans 

4.6 

Gray* 92.9 17.7 

Dannel 80.5 20.0 

McConduit 67.2 11.2 

McConduit* 81.7 27.5 

*Indicates candidates who were elected. 

1. The black candidates received a plurality of the votes cast by black voters. 



United States of America 
State of Louisiana 
Parish of Orleans 

AFFIDAVIT 

BEFORE ME, personally came and appeared: 

PAUL R, VALTEAU, JR. 

who, after being by me first duly sworn, did depose and say: 

I am a lifelong resident of New Orleans, Louisiana. I attended 

Dillard University in pursuit of my undergraduate degree and did 

graduate-in 1969. Subsequently I enrolled at the Loris University 

School of Law and received my Juris Doctor in 1972. 

In 1982 I sought the office of Civil Sheriff for the Parish of 

Orleans and was successful. However, this was not my earnest, nor 

only experience with the election process in this part of our state. 

I am convinced that the only place that a Black candidate 

has a "fair opportunity" to be elected to public office is In Orleans 

Parish. I say only "fair" opportunity because I know that it is very 

difficult for a candidate who happens to be Black to raise money and 

to secure a broad base of support, even in this parish. 

I further declare that it is virtually impossible to elect a 

Black person who is required to seek office from a multi-parish district. 



S • 
I am advised that a bill has been introduced in the current 

session of the Louisiana Legislature which, would create a separate 

Orleans Parish Supreme Court District. 

In view of all of the above, I respectfully urge the Court 

to enjoin the upcoming Supreme Court election until this Court can act 

or our Louisiana Legislature has acted in keeping with current federal 

jurisprudence. 

SWORN TO AND SUBSCRIBED BEFORE ME 

THIS 26TH DAY OF APRIL, 1988. 



IN THE 
. UNITED STATES COURT OF APPEALS. 

FOR THE FIFTH CIRCUIT 

No. 87-3463 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, 
V. 

EDWIN EDWARDS, et al., 

Defendants-Appellees. 

AFFIDAVIT OF SILAS LEE. III . 

STATE OF LOUISIANA ) 

PARISH OF ORLEANS ) 
SS: 

SILAS LEE, III, being duly sworn,, deposes and says: 

1. I make this affidavit in support of appellants' Motion 

for a Preliminary Injunction or, in the Alternative, for Issuance 

of the Mandate. 

2. I am president of Silas Lee and Associates, a public 

opinion, research and consulting firm in New Orleans, Louisiana, 

and Richmond Virginia. Silas Lee and Associates engages in 

consulting for numerous businesses, retail and fast food 

corporations, government agencies, broadcasting stations, 

newspapers, politicians, and banks. It also publishes numerous 

studies, polls, and commentaries, which have appeared in the New 

Orleans Times-Picayune, USA Today, the Louisiana Weekly, the 



Nevada .Journ 1, U.S*.- News :and World Repot, Ebony,. .and CBS.. 

Evening News, among others. 

3. I am a sociology instruction in the Loyola University 

Upward Board Program and a member of the National Association of 

Political Consultants. I have been served as an expert on the 

social and economic status of blacks in America and on public 

opinion research in connection with judicial proceedings. 

4. The demographic character of the New Orleans 

metropolitan area means that a district that includes both the 

city and suburban parishes submerges the city's predominantly 

black electorate within a larger group of white voters. The 

racial breakdown of voters within the four-parish area as of 

March 31, 1987, according to the Louisiana Elections 

Commissioner, is as follows: . 

Parish Total White Black % Black Voters 

Orleans 

_. 

251.359 118.232 131.726 52.4 
• 

Jefferson 199.534 174,742 

, 
i 
23,825 11.9 

St. Bernard 40,086 38.508 1.577 03.9 

Plaquemines 15.198 11,376 2,825 18.6 

TOTAL 506,177 342,858 159,953 31.6 

Thus, although the black community in New Orleans has an 

excellent opportunity to elect the candidate it prefers in an 

Orleans Parish-only contest, the black community forms only one-

third of the electorate in a four-parish race. The prevalence of 

racial bloc voting, and the overwhelming refusal of white 

2 



, 

suburban voters to support black candidates makes• it Virtually 

impossible for a black candidate to win in the present First 

Supreme Court District. 

5. Judicial contests have traditionally involved expensive 

campaigns. A successful campaign within Orleans Parish alone may 

cost more than $100,000. In addition, judicial races • 

traditionally have been low visibility races without tremendous 

voter interest. 

6. In contrast to white candidates, most black candidates • 

lack the personal financial resources to underwrite a 

significant portion of their campaign. 

7. In my opinion as a political consultant, I believe that 

the chance that a black candidate could win a seat on the 

Louisiana Supreme Court from the First Judicial .District in its 

present form is nonexistent. 
1/4\ 

8. It would be possible, however, for a black candidate to 

win election from a district containing only Orleans Parish. 

Black candidates have consistently achieved election to Parish-

wide office within Orleans Parish. This reasonable chance of 

success would make fundraising and attracting media exposure and 

support substantially easier. 

9. The logistics of a judicial race require that a 

candidate begin the planning process long before the actual 

election. In my opinion, a black candidate would not be able to 

compete effectively for a Supreme Court seat unless he made the 

decision to run at least six months prior to the election date. 

3 



to... I therefore believe that ,the scheduled election for a - 

seat from the First Supreme Court District should be enjoined 

because, even if the district were to be redrawn later this 

spring to include only Orleans Parish, it would be difficult, if 

not impossible, for a black candidate to mobilize financial and 

political support in the short time remaining before the October. 

1, 1988, election. 

Sworn to and SubscAbed 
Before me this  ,7"  day 
of May 1988. 

"IP 

4 



IN THE 
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

No. 87-3463 

RONALD CHISOM, et a .1 

Plaintiffs-Appellants, 
V. 

EDWIN EDWARDS, et a./ 

Defendants-Appellees. 

X 

• • 

X 

AFFIDAVIT OF REVIUS 0. ORTIOUE, JR.  

STATE OF LOUISIANA ) 

'PARISH OF ORLEANS ) 
SS: 

REVIUS O. ORTIQUE, JR.; being duly Sworn, deposes and says.: 

1. I make this affidavit in support of appellants' Motion 

for an Injunction Pending Appeal or, in the Alternative, for 

Issuance of the Mandate. 

2. I am a black citizen of the United States and a 

resident of New Orleans, Louisiana. 

3. I am registered to vote in Orleans Parish, Louisiana. 

4. I was admitted to the bar of Louisiana in 1956. I am 

also admitted to practice in the United States Supreme Court, the 

United States Court of Appeals for the Fifth Circuit, and the 

United States District Court for the Eastern District of 

Louisiana. 



5. In 1979, I was selected by the Louisiana Supreme•Court 

to serve as Judge Ad Hoc• for the Civil District Court for Orleans 

Parish. Six months later, I was elected, in a city-wide 

election, to the position of Judge, Division H of the Civil 

District Court for Orleans Parish. In 1984, I was re-elected 

without opposition to a six-year term. The court on which I 

presently sit is the trial court of general jurisdiction in 

Orleans Parish. 

6. In my contested race, the vast bulk of my financial 

support, as well as the majority of the votes I received, came 

from the black community. 

7. I have seriously considered running for the Louisiana 

Supreme Court from the First Supreme Court District. I believe, 

however, that the current configuration of the district 

effectively prevents any black candidate trom being successful. 

White voters outnumber black voters by a substantial margin due 

to the inclusion of the suburbs and Orleans Parish in one multi-

member district. Moreover; suburban white voters simply will 

not support a black candidate. Thus, under the present scheme, I 

will not run. Nor do I know of any other black candidate with a 

broad base of support in the black community who would undertake 

the clearly futile attempt to achieve election from the First 

Supreme Court District. 

8. I am deterred' from running by the current configuration 

of the First Supreme Court District. If, however, a Supreme 

Court district were to be created that contained only Orleans 

2 



•• 

Parish, I would run.. Such a district would offer the black 

community an excellent opportunity to elect the candidate of its 

• choice, because blacks constitute a majority of the registered 

voters in Orleans Parish. Indeed, I myself have already' 

successfully sought election to a judicial position from an 

Orleans Parish jurisdiction. • •. 

9. My substantial experience as a successful candidate for 

judicial elections within Orleans Parish and my knowledge of 

judicial election campaigns generally has shown me that 

fundraising by judicial candidates is heavily , dependent on the - 

perceptions of potential contributors regarding the likelihood of 

success. Thus, just as the present district configuration 

• dampens campaign contributions to black candidates, an Orleans 

Parish-only district would encourage such contributions. The 

same is true of political stpport and end9rsements: now, such 

support or indorsements are rendered futile by the demographic 

characteristics of the First Supreme Court District, but in a 

racially fair plan, such support would be forthcoming for black 

candidates. 

10. An effective campaign for judicial office requires 

longer "lead time" than effective campaigns for many other 

offices. Based on my experience and personal knowledge, I think 

an effective campaign for the Supreme Court requires nine to 

eighteen months. This time is necessary to develop and obtain 

endorsements from organizations, elected officials, and the 

media; raise funds; and reach the public. Thus, if the upcoming 

3 

: 



• election were to go forward, it .would be impossible for a black *. 

candidate to mount an effective campaign. 

11. My experience as a candidate for judicial office has 

shown me that incumbency is a tremendous advantage. Thus, in my 

opinion, allowing the election to go forward as scheduled and 

then scheduling a special election.would, disdvantage a black. 

candidate who chose to contest a fairly districted seat at such a 

special election. 

Sworn to and Subscribed 
Before me this  A;  day 
of May 1988 

• 

Notary Public . 

4 



IN THE 
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

No. 87-3463 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, 
V. 

EDWIN EDWARDS, et al., 

Defendants-Appellees. 

• 
f 

• 
• 

AFFIDAVIT OF ISRAEL M. AUGUSTINE, JR.  

STATE OF LOUISIANA ) 

PARISH OF ORLEANS ) 

says: 

SS: 

ISRAEL M. AUGUSTINE, JR., being duly sworn, deposes and 

1. I make this affidavit in support of appellants' Motion 

for an Injunction Pending Appeal or, in the Alternative, for 

Issuance of the Mandate. 

2. I am a black citizen of the United States and a 

lifelong resident of New Orleans, Louisiana. 

3. I am registered to vote in Orleans Parish, Louisiana. 

4. I was admitted to the bar in 1952. 

5. In 1969, I was appointed a judge of the Criminal 

Distict Court for Orleans Parish. 

6. In 1970, I successfully sought reelection, as an 



incumbent, to that position. I continued to serve as a judge on - 

the Criminal District Court until 1981. 

7. In running for reelection, it was necessary for me to 

raise significant campaign contributions. Moreover, due to the 

refusal of a significant number of white voters to support any 

black candidates, I was able to win solely because I was seeking 

election from a district which was predominantly black. 

8. In 1981, I was elected to the Fourth Circuit Court of 

Appeal, on which I served until my voluntary retirement in 1984. 

Again, it was necessary for me to raise substantial campaign 

funds. Again, I believe I was able to win solely because the 

district in which I ran was predominantly black. 

9. In both of my contested races, I received most of my 

financial and political support from the black community. 

10. Based on my substantial experienFe as a successful 

candidate for judicial elections within Orleans Parish and my 

knowledge of voting patterns in Orleans Parish and its 

surrounding suburbs, I do not believe that a black candidate has 

any chance of winning election from the First Supreme Court 

District as it is now constituted. Moreover, I believe that the 

virtually impossibility of success prevents black candidates from 

attracting the kind of financial support and political backing 

necessary for running a serious campaign. 

11. On the other hand, I believe a black candidate would 

stand an excellent chance of being elected to the Supreme Court 

from a district entirely within Orleans Parish if that candidate 

2 



was the choice of the black .community. :And the. possibility. of 

success would both attract highly qualified candidates to run and 

galvanize financial and, political support behind such a 

candidate. • 

12. Based on my experience as a candidate for judicial 

office and my general knowledge of campaign logistics in Orleans 

Parish, I do not think, however, that such a-campaign can be 

mounted in time to contest seriously the seat now scheduled to be 

filled in the October 1, 1988, election. More time would be 

needed to do the financial and political groundwork necessary for 

a viable campaign. 

13. Finally, I believe that providing black voters with an 

equal opportunity to elect the candidate of their choice to the 

Supreme Court would serve two critical interests. First, it 

would reinforce public confidence in the 9mmitment of the Court 

to provide equal justice .for all citizens. Second, it would send 

a powerful message to all citizens, particularly minority youths, 

that they can participate effectively in every aspect of the 

electoral system and can aspire to service in every governmenta 

position. 

Sworn to and Suqpribed 
Before me this  at  day 
of May 1988 . 

3 



..• 

Notary Public 

4