Correspondence from Pamela Karlan to Roy Rodney, Jr. Re Chisom v. Edwards; Affidavit of Silas Lee, III

    LesE,ED**H. NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC.
99 Hudson Street, NewYork, N.Y. 10013 o (2121219-1900

June 9, 1988

Roy RodD€y, Jr.
643 Magazine Street
New Orleans, LA 70130

Re: Chisom v. Edwards

Dear Roy:

I am enclosing a new draft of the affidavit for Silas Leerrr that incorlrorates r,ani Guinierrs suggested changes. couldyou please aee that Mr. Lee signs it?
r need for you to send back r€e's affidavit, a signed copyof Valteau's affid3vit (r mispraced mine), and the affidavit ylir

and Bill are getting for Reynaud Rochon, by Federar Express sothat- r get it on Tuesdav. That wdy, r cin prepare the finalversLon of the papers and Fed Ex it to Birr t-o be f ired on
Wednesday, as well as serve the defendants and the numerous
hangers-on on Wednesday from up here.

rf there are any probrems, prease carl De. r sharl be inthe New York office untir around 1:00 p.n. on lr[onday and then rhave a meeting in D.c. rf r haven't heard from yol, rrlr callyou li[onday afternoon.

I look fonrrard to seeing you on

S

29th.

eIY,

S. Karlan

PK/ s

enclosure

C@bihtdiorrs on dadwt:ibb lor U.S iruome ta., pur7orr-&

Th! il^ACP tilel thlcnsc t Edrrational Fund, lnc. (LDR ir not parl ol lhc il.0onsl &socladon tor lhc Mvlrcrmnt ol Colond Pcoplc ([{MCP) atilrouoh
1,.0f wesloundcdbyttr ilAACPand stuns lbcommitmcnttocqualrhhb. LOFhashrdlorowrXlycarca rparab Eoard,proeram,sbfi, ofiictand budqat.

June



IN THE
T'NITED STATES COI'RT OF APPEAI,S

FOR THE FIFTH CIRCT'IT

------:::-31:113:-------*
:

RONALD CHrSOIrt, et-al,-, :
:

Plaintlffs-Appe1lants, z

v.:
:

EDI{IN EDWARDS, ef=_-g}-, z

:
Defendants-Appellees. :

--------x

AFFfDAVIT OF SILAS LEE, IfI

STATE OF IOUISIN{A )
) ss:

PARTSH OF ORI,E,ANS )

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

1. f make this affidavit in support of Plaintiffs' llotion
for a Preliminary InJunction.

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

opinion, research and consulting fitm in New orleans, Louisiana,

and Richnond Virginia. Silas Lee and Associates engages in
consulting for numerous businesses, retail and fast food

corporations, government agencies, boardcasting stations,
nevrspapers, politiclans, and banks. It also publishes numerous

studies, polls, and comnentaries, nhich have appeared in the New

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

Nevada Journal, U.S. Neyrs and Wor1d Report, Ebony, and CBS



Evening News, amongt others.

3. I am a sociology LnetttuctLon tn the Loyola University
Upward Board Program and a nember of the National Association of
Political Consultants. I have been aenred as an exlrert on the

social and economic status of blacks Ln Anerica and on public

opinion research ln connection sith Judlctal proceedings.

4. The demographic character of the New Orleans

netropolitan 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, L98?, according to the Louisiana Elections

Commissioner, is as follows:

TOTAL 506,L77 342 rg5g 159 r 953 31.6

Thus, although the black conmunity in New orleans has an

opportunity to elect the candidate it prefers in an Orleans

Parish-only contest, the black cornrnunity foms only one-third of
the electorate in a four-parish race. The present configruration

of the First Supreme Court Dietrict makes it virtually impossible

for a black candidate to win.



5. JudlcLal conteete have tradltlonally Lnvolved e>qrensive

campaigns. A Euccessful caupalgn withln Orleans ParLsh alone may

cost more than $rooro00. In additlon, Judlclal races

traditionally have been low visibility races wLthout tremendous

voter interest.
6. In contrast to white candldates, noet black candidates

Iack the personal financial reeiources to underwrite a significant
portion of their campaign.

7. In my opinion as a political coneultant, I would not

advise a black candidate to file for a seat on the Louisiana

Supreme Court from the First Judicial District in its present

form.

8. It would be possible, however, for a black candidate to
win election from a district containLng only Orleans Parish.

Black candidates have achieved election to Parish-wide office
within Orleans Parish. The perception that black candidates have

a reasonable chance of success would make fundraising and

attracting nedia 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. fn my opinion, a black candidate would not be able to
compete effectively for a Supreme Court seat unless he or she

made the decision to run at least six months prior to the

election date.

10. Even if the First Supreme Court District were to be

redrawn later this year to contain a district conEisting of



orleane Parlsh only, lt rould be dttflcult, 1l not, lqrortble,
for a black candldate to uobl.llze flnanclal and polLtlcal tupport

ln the ehort tLme renalnl.ng before the OctobeE 1, 1988, clection.

sworn to and SubecrLbed
Before ue this 

- 

day
of June 1988.

4