Affidavit

    IN TEE UNITED STATES DISTRICT COURT

FOR THE }IIDDLE DISTRICT OF AI'ABAMA

NORTBERN DIVISION

-x
MAGGIE S. BOZEMAN, ?

Petit,ioner, :

V. 3

TALON !{. I"AMBERT, €t al.r :

ReePondents, 3

3

JT'LIA P. WILDER,

says !

I. I
in these cases,

the NAACP Legal

Defense Fund" ).

civil Actlon No. 83-B-579-N

am one of the attorneys for the pctitioners

and I am employed as Alsistant Counsel of

Defense and Educational Fundr Inc' ("Legal

I submit this affidavit in suPport of

Petitioner,
v.

EALON },1. IAMBERT ,

ResPondents.

Civll Action No. 83-E-580-N

-x
AFFIDAVIT

SIATE OF NEW YORK )
: SS.:

COU}TTY OT NEI{ YORK )

C. IANI GUfNIER, being duly sv'orn' depoecs and



petitioners' aPPlication for appointment of counsel and an

interim award of attorneys' fees, costs and expenses '

2.TheLegalDefenseFundisanonprofitcor-

poration which was founded in 1940 and whiCh has since fur-

nished legal assistance in cases involving claims of racial

discrimination and deprivation of constitutional rights

before state and federar courts throughout the nation- see

NAACp v. Button, 37I U.S. 415, 42L n. 5 (1963). The tegal

DefenseFundhasbeenapprovedbytheAppe}IateDivisionof
the State of New York to function as a legal aid organization'

and it has been cited by the united states supreme court as

having,,acorporatereputationforexPertnessinpresenting
andarguingthedifficultquestionsoflawthatfrequently

arise in civil rights litigation." NAACP v. Button, s.W''

371 U.S. at 422. Attorneys affiliated with the Legal Defense

F.undhaverepresentedtheplaintiffsinmanylandmarkcases
involving constitutional law issues which have been decided

by the supreme court, the Fifth circuit, and other circuits'

3.Neitherlnoranyotherattorneyonthestaff

oftheLegalDefenseFundhasacceptedorexpectstoreceive
anycomPensationorreimbursementfromthepetitionersin
this case. No counsel fees, costs, oE exPenses will be

obtained for work done or money spent on this case by the

Legal Defense Fund or its staff attorneys unless the court

awards such fees, costs, and exPenses against the respondents '

AnysuchawardtoattorneysemployedbytheLegalDefense

FundwillbepaidovertotheLegalDefenseFund.

2-



4.Iamadmittedtopracticelawbeforethe

followingcourts:thesupremecourtoftheunitedstates'

the united states courts of Appeals for the Fifth, sixth,

and Eleventh circuits; the united states District courts

for the Eastern District of Michigan and the District of

Columbia; and the Supreme Court of Michigan'

5.AttachedasAppendixAtothisaffidavit

is a resume which correctly summarizes my biographical

data, educational background, employment history, and pro-

fessional exPerience.

6.SincemygraduationfromYaleLawSchool

inLgT4,:-haveSPecializedincivilrightsandconsti-

tutionallitigation.FromL}TAtoLgTslwasalawclerk
to a federal district court judge. During my clerkship,

IwasresPonsibleforreviewingmanyhabeascorpuspetitions
filedbystateandfederalprisoners.FromL?TTtol9El,

I was special Assistant to the head of the civil Rights

Division in the united states Department of Justice' During

thisperiod,Iworkedonanumberofcivilandcriminal
cases involving claims of deprivation of civil and consti-

tutional rights. Since April I981, I have worked primarily

onvotingrightscasesasastaffattorneyattheLegal
Defense Fund.

T.AttachedasAppendixBtothisaffidavit

is a schedure of the hours which r have spent on this case

from rry initial involvement in Lg82 through April 25, 1984'

3-



Thesehourswerecompiledfromconternporaneoustimerecords

which I have maintained throughout this period'

S.InadditiontothehourslistedinAppendixB

andinthescheduleofhourssubmittedbyVanzettaDurant,
other attorneys employed by the Legal Defense Fund' of,

cooperatingwiththeFund,haverevieweddocumentsfiledin

thiscaseandhaveconferredwithmefromtimetotimecon-
cerningthiscase.TheseattorneysincludeDirector-Counsel

Jack Greenberg, Assistant Counsel James Liebman and John

Boger, and Professor Anthony Amsterdam' In addition'

SiegfriedKnopf,alawclerkemployedattheLegalDefense

FundfromoctoberLgszthroughAugustlgE3workedatotalof
approximately5oohoursdevotedtoassistingcounselinthe
preparation of petitioners' motions' petitions and memoranda

oflaw.Inordertoprovideaconservativestatementofthe
timeSPentonthiscaseandtoeliminateanyhourswhich
mightconceivablyconstituteaduplicationofeffort,the
Legal Defense Fund is not requesting fees for the services

of attorneys Jack Greenberg' Liebman' Boger or Amsterdam or

for the services of the law clerk'

g.Attachedtothisaffidavitarethefollowing

appendicesreflectingexpensespaidorincurredbytheLega}
DefenseF.undinthiscasefromlgE2throughApriL25,l9S4:

4-



APPendix C: A summary

food, and lodging.

APPendix D: A suuunarY

eopying and postage.

APPendix E: A sutmtary

cal Is .

of expenses for travel,

of expenses for Photo-

of long distance telePhone

Appendix F: A summary of witness travel, expert

research and other costs.

sworn to

Ist day of
Subscribed and

before me this



CAROL LANI GUINIER

lOO LaSalIe Street, *zLG
New York, N. Y. 1A027
TeI. l2L2) 219-1900

(2L2) 662-Ll7l

Education

- PreParatory:

Undergraduate:

Professional:

Leqa1 ExPerience:

Assistant
Counsel:

APPENDIX A

RESUI'IE

Date of Birth:
April 19, 1950

Andrew Jackson High School
St. Albansr New York, graduated June'
1967

Honors: Graduated 3rd in Class of
L,447

Radcliffe @Ilege (Harvard University)
Carnbridge, Massachusetts
B. A. Cum laude, June 1971

Honors: Dean's List, L967-L97L
Honors Major (Social Studies)
National Achievement Scholarship

for Outstanding Negro Students 'sPonsored bY the National !{erit
CorPoration and lhe New York
Times, L967-L97L

YaIe Law School
New Haven, Connecticut
t.D. r June 19'74

Honors: Fina1ist, John Fletcher Caskey
Prize Trial, L973

Director, Barristers Union Board'
L973-L97 4

NAACP Legal Defense & Educational Fund' Inc'
9, Hudson Street, 15th Floor
New York, N. Y. 10013

APPENDIX A



Special
Assistant:

Ref eree:

I litigate in aII areas of civil rights
iu*, aittrougn r work primarily on voting
rights cases. I also work on our legisla-
tive docket. For examP1e, I v'as the LDF

i"pt.=.t tat.ive in Washington Providing
teihnical assistance to the effort to
extend and strengthen the Voting Rights
Acr of 1965.

Drew S. Days, III, Assistant Attorney
Gn.raf , Civil Rights Division, United
States DePartment of Justice, washingtgl'
D. C. 20530, October L977 to February 1981'

I consulted and advised the Assistant
Attorney General and other staff members
in the -development and implementation of
oi.ri=i.o" polilies involving enforcement of

"ff-.i"i1 
rights statutes and laws admin-

iitered by the Department of Justice' I
if=o liti-gated cales with the Division's
app"fiute, Criminal and General Litigation
slltions. I was responsible for Human

Rights Liaison with the State DePartment

""6 tir" United states Congress Cormnission
on security and Cooperation in Europe' I
coordinated and supervised Department-wide
i"""=tigations into complaints of domestic
human rights violations' I acted as a

a"p"iy f6r the Civil Rights Division for
feiisiation. I received a SPeciaI
Cof;menaation Award for my work on t5e anuicus
brief that the DePartment filed in the
Witmington Ten casei I also received two
Outstaiding Performance Ratings'

Wayne CountY Juvenile Court
1025 E. Porest, Detroit, Michigan 48207
September 1976 SePtember L977

Presidedoveralljuvenilecourtproceedings
except waiver cases and jury trials' Con-
ductld pre-triaI conferences with attorneys '
took teitimony, ruled on motions and objections
of attorneys, made findings of fact and
reconmenaea aispositions to the Probate cour"
iudge. Adjudiclted delinquency as well as
aep5naency-/negLect cases where court had

3uiisa:.ct-ion. 
- Set bond and authorized the

iif:-"e of Petitions at Preliminary Hearings '

-2-



Law Clerk:

Bar Associations

A&nitted to:

Professional
Associations

The ilonorable Damon J' Keith, Chief Judge'
united states District court' Eastern
Oiitri"t of I'[chigan (Now Judge, . United
States Court of elpeals, Sixth Circuit)
August Lg74 August L976'

Was resPonsible for researching tl" lt'
;a ;;;;aring-memoranda, recommendat'ions'
and orders on all' motions; researching
;[ pieeiring d'rafts of opinions to be

""i.i"a- 
uV the court; handling "Il 

prisoner

"oii."pot-a"t"" 
and supervising.writ clerk

withh.xeascorpusandcivilrightscases
iii.a-l' EiEa;-ers ; PreParing jury
instructions.

District of CoLumbia Bar Dlarch 1980

;t;a; Bar of ltichisan APril 1e7s

United States SuPreme Court
United States Court of APPeaIs

Fifth, Sixth and Eleventh
Circuits

United States District Courts---ii"t"tt, Distr:-ct of Michigan
District of Columbia

Member of Board of Directors:---l,u*y"t" Conurittee for International
llr.rman Rights

Pr:blic Int6rest Law Foundation of- ti", York University School of Law

National Conference of Black Lawyers

-3-



Date

January 29, L982

February 15, Lg82 4

February 19, L982 4

March 23, L982

ApriL L-2, 1982

ApriL L-2, L982

May 3, L982

BOZBI.UI \, I.AI{BER3

wItDB v- LAITBERT

Schedule of Eours: C. Lani Guinier

Appendix B

Work Performed

Conv. with Solomon SeaY

Reviewed trial transcriPt

Reviewed trial transcriPts
and appellate Proceedings

Leqal research on use of
ot ior i ncons i stent s-r-a-te-
'ments as imPeachnrent

Travel to t'lontgomerY to
meet with S.S.,

Reviewed attorney files,
met with Petitioners for
5 hours

Reviewed trial transcriPt
in Iight of interview
with petitioners and
meeting with attorneY

Legal research

Wrote three letters in
preparation for next triP
to Montgomery

TraveI to Montgomery to
meet with loca} counsel &

to Tuskegee

t'tet wi th local counse I ,
interviewed clients and
travelled to Pickens
CountY to interview
wi tnesses

Hours

z

1.3

13

May 4, 1982

June 7, L982

August 23-26, 1982 9'5

August 23-25, 1982 LG

Appendix B



Date

September 9, L982

October 18-20, L982

october 18-20, L982

November 15, L982

November 16, L982

December 2, 1982

December 28, 1982

January 31, 1983

FebruarY 1, 1983

FebruarY 9, 1983

FebruarY 27, 1983

llarch 24 , 1913

April 5, I983

L2

I4

Hours

1.3

3.3

3

4.5

.4

5

Appendix B
( Cont i nued )

Work Performed

Wrote to petitioners
answering Iegal questions

Travel to Birmingham,
Tuscaloosa and Pickens
CountY

Reviewed court files,
interviewed witnesses and
obtained affioavits

ltet with exPert to review
results of investigation

Legal research on confron-
tation and due Process
issue; met w. S.K. ano
Sabel; wrote letter to
c I ient
Wrote to Harvard Profes-
sor re: legal issues;
wrote client; conferred
with S.K. and law students
about research

LegaI research, consulted
w/ Liebman

Legal research; outlined
i ssues

Conv. with M.B

Legal research; reviewed
documents obtained bY
hi stor i an

l"[et with clients, reviewed
draft petition

Revised Petition; conferred
with Liebman and KnoPf

Conv. w/ v. Durant.I

Appendix

2-



Date

April 6, 1983

ApriL 25, I983

May 5, 1983

ltay 16, I983

!4ay L1 , I983

ttay 23, 1983

May 21, 1983

June 3, 1983

JuIy I, 1983

JuIy 22, 1983

August 3, l-983

August 4, 1983

August 8, 1983

August L2, 1983

August I5, 1983

September 6, 1983

September 19, 1983

Hours

.I

.2

.2

r.9

2.2

1.0

2

4

3

2

I
.5

.4

.2

5

2

APPendix B
( Continued )

Work Performed

TCI. VD

VD conv.

Tel. vD

Conference calI with
historian & Iaw students
re: factual investiga-
tion
Revised Petition, PrePared
motion and affidavits;
called clients

Revised Petition, legal
research

Reviseo Petition
Prepared final Petition
and motion

Reviewed Order, conferred
ut/ w

Reviewed ResPondents'
Motion and Exhibits

PreP. ResPonse to l'{otion
to Dismiss

Legal research; conferred
with SK and TA

Conv. w/ vD, Ietter to
clerk
Letter to TA

Conv. w/ l'1B

Reviewed Ct. Order

TCI. VD

BAppendix

3-



Date

September 30, 1983

October 26, 1983

December 7, 1983

December 8, 1983

December 9 | 1983

December 29, 1983

January 4, 1984

January 5, 1984

JanuarY 6, 1984

January 9, 1984

January I0, 1984

JanuarY 13, 1984

January L7, 1984

January 27, 1984

January 30, 1984

February 6, 1984

Hours

2.L

8

r.8
2.1

1

3

6

tPPcndix B
( Continued )

Work Performed

Conv. VD re: Staters
failure to resPond to
Ir{otion to Produce

Reviewed cases cited bY
State

Reviewed Ct. Order;
Drafted motion for
summary judgment;
research law

Conf. caIL w/ TA & SK re:
response to Ct. Order

Revised t'l f or S/J i legal
research

Legal researchi mel w/ SK

Drafted brief in suPPort
of S/J

Brief S/J

Conv. with TA & SK re3
S/J brief

TeI. VD, SK

Conv. w/ TA & SK re:
legal issues

S/J brief; conferred w/
SK re: Wilder transcriPt;
reviewed rePIY of resPondents

S/J brief

VD conv.

Conv. w/ YD re:
i s sues

Conv. w/ tA

Wainwright

5

2

.5

.1

.3

.3

Appendix B

4-



Date HOUTS

FebruarY g, 1984 3'L

FebruarY I0, 1984 I'0

FebruarY L7, 1984 I'5

FebruarY 23, 1984 3'4

FebruarY 24, 1984 2'9

FebruarY 27, 1984 I'8

March I, 1984

March 1, 1984

APPendix B
( Continued )

Work Performed

Conv. w/ TAi legal
research

Conv. w/ !,1B & SK

Conv. w/ YD, draft
amendment to Motion

Legal research to PrePare
foi hearing; called l'18 &

JW

Preparation for argument

Conv. w/ SK re: hrg.;
reviewed file

TraveI to ltontgomerY for
hearing

Review casesi conferred
w/ SK for I hour bY
phone, outlined argument
w/ YD

Preparation for hearing
and conference w/ vD & MB

Court hearing

Travel from MontgomerY

Conf. w/ YD

Conv. w/ W

March 2, 1984

ApriI 13, 1984

ApriI 19, 1984

3

L.2

3

.3

.1

Total fees = $4708.00

Total time out of court = 233'6 at S20 per hour = $4'672'
Total time in court = L'2 at S30 per hour = $ 36'

Appendix B

5-



APPENDIX C

!j}!!!}[, v. IAI-{BER3

Surnnary of Expenses Paid by LDF for
travel, Food and lodging

Dates Paid Amount PurPose

April 19, 1982 9586.99 Attorney travel to neet
cllents and to confer
witlr Prior counsel

septembex 2, 1982 711.58 Attorney travel to intenriew
wltnessee and EPtitLoners

october 29, 1982 474.75 Attorney-travel to revl'ew
court fites, counsel fiLeg and
conduct Pre-flllng factuaL in-
vestiEation

Total: $1773.32

APPENDTX C



APPENDIX D

Date Paid

Postaqe:WT rea3
June 2L, 1983

December 8, 1983

December 12, 1983

January 3, 1984

January 5, 1984

January L2, 1984

January 31, 1984

February 2L, 1984

February 27, 1984

Photocopvinq:
T$-fTS pea pase)

llarch 10, 1983

April 18, 1983

April 28, 1983

May 6, 1983

May 24, 1983

!{ay 2-7 , 1983

June 3, 1983

June 28, 1983

August 9, 1983

October 13, 1983

Decembex 6 t 1983

BOZE!'LNiI v. LAMBERT

Anount
STE7T"

19.00
9. 35

9.35

9.3s

9. 35

48.00

20.2s

9. 35

9. 3s

31. 50

6.00

12.00

51.00

65.25

52.65

1.50

7 .55

23.10

11.40

32.55

Designation
F e d e r a I e r-e s s t o-P e t i t i o ne r s

Federal Express to Vanzetta Dlrrant
Federal Express to Siegfried Knopf

Federal Express to Siegfried Knopf

Federal Express to Siegfried Knopf

Federat Express to Siegfried Ihopf

Federal Express to Siegfried Knopf

Federal ExPress to Clerk

Federal Express to Vanzetta Durant

Federal Express to Siegfried Knopf

Draft Petitions

Draft Petitions

Draft Petitions

Draft Petitions

Petitions, Affidavits and Motions

Motions,

Motion and Affidavit

Legal Memorandum

Response to llotion to Dismiss

Lega1 Cases cited bY ResPondents

Transcript of Closing Argument

Appendix D



APPENDIX D (Contrd)

Date Paid Amount Designation

December 6, 1983 $ 5'10 Court Order

January 5, 1984 76.50 Motion for sununary Judgroent

January 7 , 19 84 15. 30 lrlemorandum Of Law

January 11, 1984 8.10 Menp and Motion for Summary
Judgrment

January 13, 1984 10.50 Respond,ents t Brief

January 18, 1983 94.05 t'lemo and Motion for Surmary
Judgrment

February 22, 1983 2.55 Legal cases fOr Eearing

February 23, 1984 19-80 Legal Cases

Febrrrary 2'1 , 1984 21.00 Respondents' Brief

Totalr $ 709.55

APPENDIX D

-2-



APPENDIX E

BOZEIfAN V. I.AII{BERT

Sr:muary of LDF Long Distance Telephone Records

Amount DescriPtion
Dates
of

Calls

June L982-
Decenrber 1983

March I, 1984

Total $180.17

$130.17 Se1ephone calls to Vanzetta Dtrrant
and Petitioners

50.OO Telephone conference wittr Siegfried
KnoPf

APPENDIX E



APPENDIX F

BOZEI{AN v. LAI.TBERT

Surunary of Witness Expenses, Special Research
and ltiscellaneous Costs Paid by LDF

Date Paid Amount Designation

June 15, Lg82 $12.98 Purchase of legal research materials

October 29, 1982 350.00 Paj.d to expert to assist in pre-
filing factual investigation

January 31, 1983 307.79 Paid to graduate student for
historical research into origin
of statute

June 2L, 1983 977.L8 Paid to history professor for
research

JuIy 2L, 1983 144.90 Graduate student research

September L9, 1983 226.00 Graduate student research

october 29r 1983 75.00 l{iscellaneous exPenses

December 1983-
January 1984 54.90 lccal taxis

March 31, 1984 67.20 Petitioner Bozeman travel &

expenses to attend March 2 hearing

April 15, 1984 52.44 Petitioner Wilder travel &

expenses to attend Irlarch 2 hearing

Toral $2268.39

APPENDIX T



I,EGAL DEFENSE & EDUCATIONAI, F[JI\I), ING

3
*;l.t

,ar q !

i( '{
.ll.r$

. ,'i

01 ,3t rt 000 4L6ITNilE THOTPSOil

?07. ?9
TOTAT

307o79
307.79

G ROTFiAN V ITTLACE A13900 o852-07 ot l2dl d3