Correspondence from Blacksher to Turner with Proposed Settlement Papers

    wn ec) > (Y 

BLACKSHER, MENEFEE & STEIN, P.A. 

ATTORNEYS AT LAw 

405 VAN ANTWERP BUILDING 

P. O. BOX 1051 

MOBILE, ALABAMA 36633-1051 

JAMES U. BLACKSHER TELEPHONE 

LARRY T. MENEFEE February 25 y 1986 (205) 433-2000 
GREGORY B. STEIN 
WANDA J COCHRAN 

Alton L. Turner, Esq, 
Turner & Jones 

P. 0. Box 207 
Luverne, Alabama 36049 

Re: Dillard, ef al. v. Crenshaw County, Alabama, et al. 
C.A. No. 85-T-1332-N 
  

Dear Mr. Turner: 

Enclosed are the settlement papers, which I hope contain 
correctly the terms of the agreement we have made over the 
telephone. If there are some changes you think should be 
made, telephone me right away. I can make the changes in 
my word processor and send out corrected papers to you. 

I have signed the motion asking the Court to approve the 
settlement. When all the papers are in order, please add 
your signature and file everything with the Court. If you 
wish, my office can make the copies and mail them to the 
lawyers on the Certificate of Service. 

In any event, when you are ready to file the papers with the 
Court, telephone me so that we can make these plans. One of 
the things I think we ought to do is phone Judge Thompson 
together and inform him that the papers are coming, answering 
any questions he may have. 

Best regards. 

Sincerely, 

BLACKSHER, MENEFEE & STEIN, P.A. 
/ 

mes U. Blacksher       
JUB:pfm 

Encls. 

€Cc: Mr. Jerome Gray (w/encl.) Mr. John Dillard (w/encl.) 
Dr. Joe L. Reed (w/encl.) Mr. Havard Richburg (w/encl.) 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

JOINT MOTION FOR NOTICE AND APPROVAL 

QF PROPOSED COMPROMISE AND SETTLEMENT 

Plaintiffs John Dillard and Havard Richburg, on behalf of 

themselves and all other persons similarly situated and 

Defendants Crenshaw County, Alabama, a political subdivision of 

the State of Alabama, Thompson Harbin, in his official capacity 

as Probate Judge of Crenshaw County, Alabama; Ann Tate, in her 

official capacity as Circuit Clerk of Crenshaw County, Alabama; 

Frances A. Smith, in her official capacity as sheriff of Crenshaw 

County, Alabama; Ira Thompson Harbin, Jerry L. Register, Amos 

McGough, Emmett L. Speed, and Bill Colquett, in their official 

capacities as Members of the Crenshaw County Commission, through 

their undersigned attorney, jointly move the Court tentatively to 

 



  

approve the proposed consent decree and order notice to the class 

attached to this motion and, following notice to the plaintiff 

class and opportunity for the objections of class members to be 

heard by the Court, finally to approve thie proposed compromise 

and settlement proposed herein. 

Respectfully submitted this day of : 
  

108 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. O. Box 105} 
Mobile, Alabama 36633 
(205) 433-2000 

vil 134 ai 
LARRY 'T" MENEFEE 

\MES U. BLACKSHER 
WANDA J. COCHRAN 

  

TERRY G. DAVIS 
Seay & Davis 
732 Carter Hill Road 
P.O. Box 8135 
Montgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 
JULIUS IL. CHAMBERS 

NAACP Legal Defense Fund 
99 Hudson Street, 16th Floor 

New York, New York 10013 

(212) 219-1900 

Attorneys for Plaintiffs 

 



  

TURNER & JONES 
P. O. Box 207 
Luverne, Alabama 36049 

(205) 335-3302 
BY: 
  

ALTON L. TURNER 

Attorney for Defendant 
Crenshaw County 

CERTIFICATE QF SERVICE 
  

  

I do hereby certify that on this ___ day of , 1988, 

a copy of the foregoing JOINT MOTION FOR NOTICE AND APPROVAL OF 

PROPOSED COMPROMISE AND SETTLEMENT was served upon the following 

counsel of record: 

H. R. Burnham, Esq. 
Burnham, Klinefelter, Halsey, Jones & Carter 
P. 0. Box 1618 
Anniston, AL 36202 Attorney for Defendants Calhoun Co, et al. 

Warren Rowe, Esq. 
Rowe & Sawyer 
P. O. Box 150 
Enterprise, AL 36331 Attorney for Defendants Coffee Co, et al. 

James W. Webb, Esq. 
Webb, Crumpton, McGregor, Schmaeling & Wilson 
P. O. Box 238 
Montgomery, AL 36101 

Lee M. Otts, Esq. 
Otts & Moore 
P. O. Box 48% 
Brewton, AL 36427 Attorneys for Defendants Escambia Co., et al.; 

Jack Floyd, Esq. 
Floyd, Keener & Cusimano 
816 Chestnut Street 
Gadsden, AL 35999 Attorney for Defendants Etowah Co., et al. 

 



  

D. L. Martin, Esq. 
215 South Main Street 
Moulton, AL 35650 

David R. Boyd, Esq. 
Balch and Bingham 
P.O. Box 78 Attorneys for Defendants Lawrence Co., 
Montgomery, AL 36101 Larry Smith & Dan Ligon 

James G. Speake, Esq. 
Speake, Speake & Reich 
P.O. Box 5 Attorney for Richard I. Proctor of 
Moulton, AL 35650 Lawrence Co. 

¥. 0. Rirk, Jr., Esg. 
Curry & Kirk 
P. O. Box A-B 
Carrollton, AL 35447 Attorney for Defendants Pickens Co., et al. 

Barry D. Vaughn, Esq. 
Proctor & Vaughn 

121 North Norton Avenue 
Sylacauga, AL 35150 Attorney for Defendants Talladega Co., et al. 

Yétta G. Samford, Jr., Esq. 
Samford, Denson, Horsley, Pettey, Martin & Barrett 
P. O. Box 23345 
Opelika, AL 36801 Attorney for Defendants Lee Co., et al. 

by depositing same in the United States Mail, postage prepaid. 

  

ATTORNEY FOR PLAINTIFFS 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

NOTICE OF PROPOSED SETTLEMENT 

TO: ALL BLACK CITIZENS OF CRENSHAW COUNTY, ALABAMA: 

In this class action brought by John Dillard and Havard 

Richburg, on behalf of themselves and all black citizens of 

Crenshaw County, Alabama, challenging the election system for the 

Crenshaw County Commission, the named plaintiffs and the 

Defendant Crenshaw County, Alabama, and its officers have 

informed this Court that they wish to compromise and finally 

resolve this lawsuit on the following basis: 

1. A final injunction would be issued against the conduct of 

further elections of Crenshaw County Commission under the 

 



  

at-large election scheme provided by state law. 

2. Pursuant to the terms of the proposed settlement 

agreement, the Crenshaw County Commission will be expanded from 

the present four at-large commissioners plus the Probate Judge to 

five commissioners elected from single-member districts, with the 

Probate Judge no longer serving as a member of the county 

commission. However, under the proposed settlement these changes 

would not all occur immediately. The election of county 

commissioners from single-member districts would not be held 

until the regularly scheduled primary and general elections of 

1988. In the meantime, the present county commission shall 

appoint an additional at-large county commissioner from a list of 

nominees to be provided by the named plaintiffs, who shall serve 

until the single-member district commissioners take office in 

January, 1989. The appointed at-large commissioner shall have all 

of the powers, duties and privileges possessed by other at-large 

Crenshaw County Commissioners. The Probate Judge shall 

immediately become a non-voting chair of the Crenshaw County 

Commission, retaining his present duties as the chief executive 

officer of the county. However, when the county commissioners 

elected in 1992 take office, the Probate Judge will no longer be 

a member of the county commission, although the person elected as 

Probate Judge shall continue to perform the duties of chief 

executive officer of the county. 

 



  

3. The parties are still in the process of constructing 

proposed single-member district boundaries. If and when the 

parties agree on the single-member district boundaries, maps 

showing the boundaries of the five districts will be available 

for you to view during normal business hours at the Crenshaw 

County Courthouse in Luverne. If the parties are unable to 

negotiate an agreed upon boundary plan, the Court will schedule a 

hearing, following which the Court will determine how the 

district boundaries should be drawn to comply with the Voting 

Rights Act. 

4. Plaintiffs are the prevailing parties in this action and 

are entitled to recover reasonable attorneys’ fees and expenses. 

The amount of such attorneys’ fees and expenses will be 

determined by the Court following final approval of the proposed 

compromise. Fees and expenses have not been part of the 

negotiations leading to this proposed settlement. 

5. The Court has tentatively approved the settlement of this 

case on the basis stated above. However, because this lawsuit is 

a class action, this Court has the responsibility of insuring 

that the interests of the entire class of black citizens are 

adequately protected in any proposed compromise or settlement 

before giving its final approval to the settlement. Accordingly, 

if any black citizen of Crenshaw County, Alabama, objects to the 

above proposed compromise and final resolution of this lawsuit, 

 



  

he or she should set out the objection in writing, identifying 

this case by its name and number, and by mailing the written 

objection to Mr. Thomas C. Caver, Clerk of the United States 

District Court, Middle District of Alabama, P. 0. Box 711, 

Montgomery, Alabama 36108, or by delivering each objection to the 

Office of the Clerk, Second Floor, U. S. Courthouse, Montgomery, 

  

Alabama, on or before day of y 198 

In addition, this Court will conduct a public hearing on____ day 

of , 1986, at o'clock ___.m., at   
  

which time it will consider all objection from members of the 

Plaintiff class to the proposed settlement, whether made in 

writing or in person with such to be held in the courtroom on the 

second floor of the aformentioned U.S. Courthouse. 

DATED this day of , 19886.   

  

UNITED STATES DISTRICT JUDGE 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

ORDER TENTATIVELY APPROVING COMPROMISE 

AND REQUIRING NOTICE TO THE CLASS 

At a conference in chambers on . 
  

counsel for all of the parties informed the Court that they had 

reached a final compromise and settlement of this action and 

sought this Court's tentative approval of its terms. Under the 

terms of the proposed settlement the parties have agreed to the 

entry of an injunction requiring that elections for the Crenshaw 

County Commission be conducted from single-member districts while 

allowing the incumbents to serve their full terms of office. 

The Court is of the opinion that the proposed Consent Decree 

filed with said Motion is due to be and hereby is approved 

tentatively, subject to any objections by members of the class, 

and that pursuant to Rule 23(e) Fed.R.Civ.P., notice of this 

 



  

proposed compromise should be given to the members of the class 

of black citizens in Crenshaw County, Alabama. 

Accordingly, it is hereby ORDERED that the Defendant 

Crenshaw County, Alabama, cause the attached notice to this order 

to be published in the Luverne Journal once a week for three 

successive weeks prior to , 1986. 
  

It 1s further ORDERED that copies of the attached notice 

shall be provided by the Defendant Crenshaw County, Alabama, to 

representatives of all local radio and television stations and 

all representatives of media and black community organizations in 

Crenshaw County who may request a copy thereof. 

Thereafter on , 1986, at 
  

o‘clock .l. this Court shall conduct a hearing in 
  

the federal courthouse of Montgomery, Alabama, to consider 

objections by members of the class to the proposed compromise and 

settlement. 

DONE this day of 198... 
  

  

UNITED STATES DISTRICT JUDGE 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., ) 

Plaintiffs, ) 

vs. ) CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, ) 
et al., 

Defendants. ) 

PROPOSED CONSENT DECREE BETWEEN PLAINTIFFS AND 

CRENSHAY COUNTY DEFENDANTS 
  

This lawsuit was brought by Plaintiffs John Dillard and 

Havard Richburg, individually and on behalf of all other black 

persons similarly situated in Crenshaw County, Alabama. 

Plaintiffs alleged that the at-large election system utilized by 

the Crenshaw County Commission denied, abridged and diluted their 

right to vote pursuant to the Fourteenth and Fifteenth 

Amendments, and 42 U.S.C. sections 1973, 1983 and 1988. Pursuant 

to 23(b)(2), F.R.C.P., the Court certifies the plaintiffs as 

representatives of the class of all black citizens of Crenshaw 

County. 

The defendants are Crenshaw County, Alabama, gua County; Ira 

Thompson Harbin, Jerry L. Register, Amos McGough, Emmett L. Speed 

 



  

and B1lll Colquett, in their official capacities as members of the 

Crenshaw County Commission; Ira Thompson Harbin, in his official 

capacity as Probate Judge; Ann Tate, in her official capacity as 

Circuit Clerk; and, Frances A. Smith, in her official capacity as 

Sheriff of Crenshaw County, Alabama. 

The defendants denied the allegations of the complaint. 

Prior to trial on the merits of this case, the parties met and 

discussed settlement, and they entered into a mutually 

satisfactory settlement of all claims and have consented to the 

issuance of this decree, order and judgment (hereinafter "this 

Decree"). 

The Court has fully examined this settlement and finds that 

it is fair, reasonable and adequate, that the rights of the Class 

represented by the named plaintiffs, and each member thereof, are 

and will be fully protected by the settlement, and that it is in 

accordance with the Federal Rules of Civil Procedure, the Voting 

Rights Act of 1965, as amended, and follows the applicable rules 

and principles of law. 

THEREFORE, upon due consideration by the Court of the record 

herein, it is ORDERED, ADJUDGED and DECREED as follows: 

I. Jurisdiction. 
  

This Court has jurisdiction of the parties and the subject 

Of this action. 

 



  

II. Notice. 

The Court has heretofore approved by order a form and mode 

of Notice to Class concerning the settlement. This order has 

been compiled with and the Court finds that adequate notice has 

been given to the Class. 

II1. The Election Process.   

It is HEREBY ORDERED that Defendants Crenshaw County, gua 

County; Ira Thompson Harbin, Jerry L. Register, Amos McGough, 

Emmett L. Speed and Bill Colquett, in their official capacities 

as members of the Crenshaw County Commission; Ira Thompson 

Harbin, in his official capacity as Probate Judge; Ann Tate, in 

her official capacity as Circuit Clerk; and, Frances A. Smith, in 

her official capacity as Sheriff of Crenshaw County, their 

agents, attorneys, employees and those acting in concert with 

them or at their dbreotion are ENJOINED from conducting the 

elections for the Crenshaw County Commission under the present 

at-large election system, and are FURTHER ENJOINED as follows: 

1. Vlthin five days following the final approval of this 

Consent Decree, the named plaintiffs from Crenshaw County will 

nominate at least two persons for the position of at-large county 

commissioner of Crenshaw County. Within five days thereafter, the 

Crenshaw County Commission shall elect from the said nominees one 

 



  

person to act as an at-large Crenshaw County Commissioner and to 

serve in that capacity until county commissioners elected from 

single-member districts take office. The person so appointed as 

an at-large Crenshaw County Commissioner shall have all of the 

powers, duties and privileges possessed by the other at-large 

county commissioners. 

2. Beginning on January 10, 1989, the Crenshaw County 

Commission shall consist of five commissioners elected for 

four-year terms from single-member districts. The five 

single-member district commissioners shall be elected at the 

regularly scheduled primary and general elections in 19088. 

3. The Crenshaw County Defendants admit that the present 

at-large method of election for the Crenshaw County Commission is 

a violation of Section 2 of the Voting Rights Act, as amended, 

and that the Court must enter relief in the form of single-member 

districts. 

4. The plaintiffs from Crenshaw County and the Crenshaw 

County Defendants shall submit no later than April 1, 1986, a 

plan for the boundaries of the single-member districts from which 

county commissioners shall be elected in 1988. If by April 1, 

1986, a single-member district plan for Crenshaw County has not 

been agreed upon, the parties shall on that date submit their 

proposed plans to the Court, and the Court shall adopt a 

single-member district plan for Crenshaw County that complies 

 



  

with the Voting Rights Act. 

5. Upon the appointment of an at-large commissioner, as 

provided in paragraph 1, above, the Probate Judge will become a 

non-voting chair of the Crenshaw County Commission. He shall also 

continue with his duties as the chief executive officer of 

Crenshaw County. However, when the single-member district 

commissioners regularly elected in 1992 take office, at the time 

provided by law, the Probate Judge shall no longer be a member of 

the Crenshaw County Commission, although he shall continue to 

function as the chief executive officer of the County. When the 

single-member district commissioners are elected in 1992, they 

Shall elect one of their number to be President of the 

Commission. The President of the Commission shall preside at 

meetings of the county commission and shall set the agenda, but 

the president shall receive no more compensation than does any 

other commissioner. 

6. The plaintiffs are prevailing parties for the purpose of 

the award of attorneys’ fees and expenses. Following final 

approval by the Court of a single-member district plan, the 

parties shall attempt to negotiate and settle the amount of 

attorneys’ fees and expenses, but if no agreement can be reached 

after 45 days from the date of final approval of the plan, the 

plalntliffs may file a motion for attorneys’ fees and expenses and 

supporting documentation. Defendants shall file a response to 

n 
J 

 



  

said motion, identifying those portions of the fees to which they 

object and admit to. The parties may conduct such discovery as 

may be indicated. Thereafter, the Court will schedule a hearing 

on the motion at the earliest practicable date. 

7. Within 14 days from the date the plaintiffs and the 

Crenshaw County Defendants submit an agreed upon single-member 

district plan to the Court for approval, Crenshaw County shall 

submit the agreed upon plan for preclearance under Section 5 of 

the Voting Rights Act. The Court will defer consideration of the 

agreed upon plan until the preclearance process is completed. In 

the event that preclearance is denied, the Court shall give the 

plaintiffs and the Crenshaw County Defendants a reasonable 

opportunity to cure the objections and to obtain preclearance of 

another agreed upon plan. However, should preclearance not be 

obtained in a timely manner, the Court shall enter its own 

single-member district plan in time for its use in the 1988 

primary elections. 

8. If and when an agreed upon single-member district plan is 

precleared under Section 5 of the Voting Rights Act, the Court 

will consider whether it should be approved under the terms of 

this consent decree and as complying with the Voting Rights Act. 

8. Following final approval of a single-member district plan 

by this Court, the Crenshaw County Commission shall request the 

Legislature of Alabama, through the Crenshaw County local 

Bre 

 



  

delegation, to enact the finally approved single-district plan as 

state law. The finally approved court-ordered plan shall remain 

in effect only until the Legislature of Alabama shall adopt a 

plan which meets the requirements of the laws and Constitution of 

the United States. 

DONE this day of , 1986. 
  

  

UNITED STATES DISTRICT JUDGE 

Agreed to: 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Bldg. 
P. QO. Box 1051 
Mobile, Alabama 36633 
(205) 433-2000 

BY: 
  

LARRY T. MENEFEE 
JAMES U. BLACKSHER 
WANDA J. COCHRAN 

TERRY G. DAVIS 

SEAY & DAVIS 

732 Carter Hill Road 

P. 0. Box 8125 

Montgomery, Alabama 36106 

(205) 834-2000 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP LEGAL DEFENSE FUND 
99 Hudson Street, 16th Floor 

New York, New York 10013 

(212) 219-1900 

 



  

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, Jr. 
307 Evergreen Avenue 
P. O. Box 646 
Brewton, Alabama 36427 

(205) 887-5711 

Attorneys for Plaintiffs 

TURNER & JONES 
P. O. Box 207 
Luverne, AL 36049 

(205) 335-3302 

BY: 
ALTON L. TURNER 
  

Attorney for Defendant Crenshaw County