NAACP Legal Defense Fund Asks Supreme Court to Insure Courtesy for Negroes in Southern Courtrooms
Press Release
January 29, 1964

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Press Releases, Loose Pages. NAACP Legal Defense Fund Asks Supreme Court to Insure Courtesy for Negroes in Southern Courtrooms, 1964. 06740cae-bd92-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/46bf8fa0-b9b5-4f60-a6ad-a99327bde0da/naacp-legal-defense-fund-asks-supreme-court-to-insure-courtesy-for-negroes-in-southern-courtrooms. Accessed July 13, 2025.
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PRESS RELEASE NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 10 COLUMBUS CIRCLE * NEW YORK, N. Y. 10019 © JUdson 6-8397 DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY President Director-Counsel Associate Counsel Sse FOR RELEASE WEDNESDAY, JANUARY 29th, 196 NAACP LEGAL DEFENSE FUND ESKS SUPREME COURT TO INSURE COURTESY FOR NEGROES IN SOUTHERN COURTROOMS Works of Baldwin, Myrdal and Wright Cited WASHINGTON---The U.S, Supreme Court was asked to strike down an his- toric southern tradition today: the practice of addressing Negroes by their first names during court proceedings. A favorable ruling would have far reaching effects toward better treatment and respect for Negroes in pursuit of justice through southern courts, Attorneys for the NAACP Legal Defense Fund asked the high court to overrule an Alabama court decision holding a Negro woman in con- tempt for objecting to being called by her first name by an Etowah County Circuit Solicitor. Miss Mary Hamilton, a field secretary for the Congress of Racial Equality, was included in a large number of Negroes tried in an Ala- bama court last June 25th, on charges growing out of anti segregation demonstrations, The southern white solicitor, William Rayburn, addressed all Negro petitioners by their first names, Courtesy titles, such as "Miss", "Mrs.", "Mr." were used for white persons. The incident erupted when the solicitor began cross-examining Miss Hamilton and asked her name, "Miss Mary Hamilton", she replied. The solicitor then addressed her as "Mary", "Please address me correctly", Miss Hamilton answered. The white lawyer ignored this request, and pressed his questicn, ending with "Mary", Miss Hamilton repeated her refusal to answer ‘until I am addressed correctly". At this point, Norman Amaker, NAACP Legal Defense Fund assistant counsel raised objections, pointing out that "her name is Miss Hamil-. ton", The judge overruled Mr, Amaker saying, "I'm not going to tell a lawyer how to address a witness", He then held Miss Hamilton in contempt of court, She was instantly sentenced to five days in jail plus a fifty dollar fine. Legal Defense Fund attorneys appealed the decision to the Alabama Supreme Court which upheld the lower court. In their petition for writ of certiorari to the high court, Legal Defense attorneys point out that "failure to afford petitioner (Miss Hamilton) notice and a hearing before punishing her for con- tempt, was a denial of due process of law", They also stress that the prosecutor, or solicitor, "has a re- sponsibility not to detract from the impartiality of the courtroom atmosphere", (more) January 29th, 1964 -2-e. NAACP Legal Defense Fund Asks Supreme Court to Insure Courtesy for Negroes in Southern Courtrooms Authors James Baldwin, Gunnar Myrdal, John Dollard, Richard Wright, Ralph Ellison, Charles S$. Johnson and Lillian Smith are among those cited in the petition for their interpretations of what this practice means to Negro citizens, The attorneys added that Alabama courts have no legitimate business "to maintain tne racial caste system by using the contempt power in support of racially demeaning forms of addressing Negroes....". Mr. Amaker was joined in preparation of the petition to the Supreme Court by Jack Greenberg, director counsel, James M. Nabrit,III and Charles H, Jones, all of the Fund's New York City headquarters, Oscar Adams, Defense Fund cooperating attorney of Birmingham, also represented Miss Hamilton in the state courts, = 30 «