LDF Attorneys Argue 11 Cases in 10 Days
Press Release
June 4, 1966

Cite this item
-
Case Files, Bolden v. Mobile Hardbacks and Appendices. Brown v. Moore Contingent Motion of Defendants-Appellants for Extraordinary Relief Pending Decision of the Remand; Memorandum in Support of Motion; Affidavit of John Moore; Order, 1980. fee7f4ca-cdcd-ef11-b8e8-7c1e520b5bae. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5e08b4a7-de2c-4306-af96-344a03f135c7/brown-v-moore-contingent-motion-of-defendants-appellants-for-extraordinary-relief-pending-decision-of-the-remand-memorandum-in-support-of-motion-affidavit-of-john-moore-order. Accessed August 19, 2025.
Copied!
IN -THE UNITED STATES COURT OF APPEALS FOR THE ‘FIFTH CIRCUIT NO. 77-1583 LEILA G. BROWN, et al., Plaintiffs—-Appellees Cross- -Appellants, JOHN L. MOORE, et al., ROBERT 1 ILLIAMS, et al., Zu ) & Defendants—-Appellants Cross—-Appellees On Remand From the Supreme Court Of The United States NDANTS-APPELLANTS ELIEF PENDING E REMAND CONTINGENT MOTION OF DESE FOR EXTRAORDINARY Fk ECISION OF TH + es HE x Defendants—-Appellants respectfully move for the entry of an order -- contingent upon a determination by this Court that such action is necessary to preserve the freedom of this Court or the District Court on remand from this Court to effect or begin the dismantlement of the district elec- toral system created by the District Court's judgment and the reinstitution of an-at-large electoral system with this year's election -- directing that the primary elections to select candidates of the Democratic and Republican parties for Mobile County School Commissioner representing District 5, now scheduled for September 2, 1980, be postponed pending further order of this Court or the District Court. A pro- posed form of order is attached The factual basis for our request is stated in the vy do dn wy) actcact 1ed affidavit of John L. Moore and the considerations that we believe sup; pport the motion are stated in an attached memorandum. oy P| oF // { { 7 / p A i a. # v ) \ A : { ’ if = / L i on \ WILL¥YAM H. ALLEN Covington & Bur: : 888 Sixteenth Street, N.W. Washington,. D.C. 20006 Ni? , CAMPBELL} Bh | Sintz, Pike, Camphell & Duke 3763 Professiona¥ Parkway Mobile, Alabama 36609 Attorneys for Appellants CERTIFICATE OF SERVICE I certify that a copy of the foregoing Contingent Motion to the United States Court of Appeals for the Fifth Circuit has been served by placing the same in the United States mail with proper postage prepaid, addressed to all opposing Honorable Wade H. McCree, Jr. Solicitor General of the United States Department of Justice Washington, D. C. 20530 Edward Still, Esquire Suite 400 Commerce Center 2027 First Avenue North Birmingham, Alabama 35203 sreenberg, Esquire LC hiaenty Esquire lumbus Circle New York, New York 10019 Armand Derfner, Esquire Post Office Box 608 Charleston, South Carolina 29 402 J. U. Blacksher, Esc Larry T. Menefee, E P. OO. Box 1051 Mobile, Alabama 36601 gu lire Su ire T I N RT C. bei 1h i}, TTT AR) for Appl lants DEFENDANTS~-APPELLANTS' EXTRAORDINARY UNITED STATES COURT OF APPEALS FOR THE FIPTH CIRCUIT NO. 77-1583 LEILA G. BROWN, et al., Plaintiffs-Appellees Cross-Appellants, JOHN L. MOOI ROBERT R. WILLIAMS, et al., fendants-Appe e ross—Appellees O 1 Remand From the Of The | On Supreme Court C3 de oy States 3 (@! A Unite MEMORANDUM IN SUPPORT OF CONTINGENT PENDING MOTION FOR RELIEF DECISION ON REMAND The mitted was caution. Court act assume tha deliberate parties on However , Season realize. motion in whatever t they support of which this memorandum is sub- by us out of what we hope is abundance of Both we and t ve urged that this expeditiously on the remand from the Supreme Court - 4 — disposition it makes of the case —-— and we th will act as promptly as mature and consideration of the arguments offered by the the Se remand permit days slip by, and especially in the summer have a way of slipping by faster than any of us i 4 x ond - : Alabama's primary elections will be held this year on September 2, 1980. As the accompanying affidavit of John L. Moore indicates, primary elections in Mobile County this vear will include elections to select candidates of the two major parties for School Commissioner from District 5. As the Court is aware, we have urged that the Court on the remand should reverse the judgment of the District Court and remand the case to it with instructions to dismantle the single-member electoral district system established by its judgment and provide for an orderly and expeditious return to an at-large electoral system. We recognize that the Court may disagree with us that this is the proper disposi=- tion of the case. However, even 1f the case were to be returned to the District Court for further substantive proceedings, one of the possible outcomes of those pro- ceedings would be a decision that the court's original judgment should be set aside and an at-large electoral system re-established. We are concerned by the possibility that the problem of OO ) dismantling the district electoral system created under the District Court's judgment and returning to an at-large elecC- toral system may be complicated if, because of the passage of time, an election of a single school commissioner from District 5 this year becomes a fait accompli as a result of the holding of the primary elections. If that were to hap- pen and if the final judgment on remand were that the at- large electoral system should be restored, there would be at least room for argument that full restoration would have to We realize that, even if the scheduled District 5 elec- tion were held, steps, such as a special election, could be ordered to effect an expeditious return to an at-large system. If the occasion arises, we shall urge such steps. The premise of our motion, however, is the belief that this : ! 4 . Court (Or the District Court) should be free to act this year in the most orderly way to begin and perhaps complete the return to at-large elections if the decision on the merits 1s that the at-large electoral system should be restored. Our motion is styled as contingent. The contingency is this Court's understanding of whether it or the District Court will have completed action on the remand before the date for the primary election has arrived and Mobile County may have been committed by the mere passage of time to a nn ingle~-member district election for school commissioner this year. The order would be addressed to three County officials who were named as defendants by the plaintiffs because they compose the County's election boards. Though they were not active in defense of the suit and did not join in the School Commissioners' appeal, they are parties in this Court and F Y E subject to this Court's process if for no other reason than their being appellees on plaintiffs' cross-appeal. Our proposed order would postpone the primary elections pending further order of this Court or the District Court. If that further order reflected a judgment that one or more school commissioners should be elected at-large this year, it would of course have to include provisions for allowing candidates to qualify and the like. The deadline for qualifying for the District 5 primaries is July 3, 1980. Our motion is filed before that date. We recognize that the Court cannot reasonably be expected to act by that date. For that reason, we have not asked for an order extending the deadline. We submit, however, that no inequity would result from a subsequent enlargement of the deadline as a part of an order directing that the school commissioner Fe é » election this year not be restricted to Distric 13 oT od 3 <r “v1 Fm $e Respectfully submitted, fC AAA / ik WILLIAM H. ALLEN Covington & Burling 888 Sixteenth Street, N.W. Washington, D.C. 20006 ROBERT C. CAMPBELL Sintz, Pike, Campbg 3763 Professional” Pa Mobile, Alabama 366( Attorneys for Appellants IN THE QMPMATRQ LA 1 E UNITED NS) 1 FOR “THE PIF VS. JOHN L. MOORE, et al., * Defendants * ROBERT R. WILLIAMS, et al., - Defendants—Appellants STATE OF ALABAMA) COUNTY OF AFF1D COURT OF APPEALS PTH CIRCUIT NO. 77-1583 AVIT MOORE, being duly Judge SF I am one of three appointing board for election election supervisors Count The | 98 L. Y LJ 4 fd other members are of Mobile County. Our under the laws of Alabama to tions in Mobile County extends Democratic and Republican part Under Alabama law and District for case entitled Leila G. official to certify election res a sworn, deposes Mobile ~~ 3 Ss who serve the : as Officials and as the board of xlts for Mobile the Circuit Clerk and the authority and responsibility supervise the conduct of elec- to primary elections of the ies. the judgment of the United Southern District of Alabama Brown, et al. vs. John L. Civil al., primary elections of iL Action No. 75-298-P, entered on January the Sed d No Democratic and Republican parties to select Commissioner from wherein it declaration of before the date of as a candidate in 1980. My commission 17 Chapter 16 Section states candidacy candidates for Mobile County School District 5 will be conducted in accordance 11 of the Code Alabama that candidate: st file their 0) 5 oc no later 60 days primary. The last day for qualifying the primary elections is on or about i \ { \ { | A 1 J / \ | a Ii i tet <i | 1 /1 A bh a § £1 or) - i \/ | f Fy a a ’ { (2 YY en hee} LW, Nn J J a JOHN L. MOORE Pe E.~ { | oO / . SUBSCRIBED AND SWORN TO before me this LT Bay Of 980. { A \../ 7) ( tL i ! | L CAs ~ A A AN Crd VC fT NOTARY PUBLIC IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT LEILA G. BROWN, et al., * Plaintiffs—-Appellees * JOHN L. MOORE, et al., * Case No. 77-1583 Defendants * Defendants—~Appellants * A John L. Moore, Probate Judge of Mobile County; Maurice W. Castle, Circuit Clerk of Mobile County; and Thomas J. Purvis, Sheriff of Mobile County, who together serve as the O O Oo = pt ting board for election officials and as the board of election supervisors for Mobile County and who were named a he t efendants in the proceeding below and as such are parties to the appeal and cross-appeal in this Court, are hereby ordered, pending further order of this Court or of the District Court on remand from this Court, not to proceed with the conduct of primary elections to select candidates of the Democratic Party and the Republican Party for School Commissioner of Mobile County from District 5.