Motion for Approval of the Etowah County Settlement; Correspondence from Jones to Floyd

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

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et als, 

* 

DEFENDANTS 

  

Come now the Etowah County Defendants and say: 

l. That an Order was entered by this Court on October 14, 

1986, approving the Etowah County Settlement in this cause on an 

Interim Basis. 

2. In that Order the Court directed that the Etowah County 

Defendants were to promptly notify the Court of the 

determination of the Justice Department preclearing and 

approving the Plan. 

3. Written confirmation was received from the Justice 

Department by letter dated October 27, 1986, stating that the 

Attorney General did not interpose any objections to the Plan 

and has approved the Plan. The letter from the United States 

Department of Justice is attached hereto and made a part of this 

Motion. 

 



  

WHEREFORE, PREMISES CONSIDERED, that Etowah County 

Defendants ask the Court to issue an Order approving the Etowah 

County settlement, heretofore approved on an Interim Basis by 

of this Court on October 14, 1986, on a Final Basis. 

FLOYD, KEENER & CUSIMANO 
Attorneys for~Defendant 
Etowah Sony 

eS 
816 Chestnut = 

Gadsden, AL 35999 

  

CERTIFICATION 

I hereby certify that a copy of the foregoing has been 
mailed to James Blacksher, Attorney, P. O. Box 1051, Mobile, AL 

36633; Larry T. Menefee, Attorney, 300 21st Avenue, North, Title 

Building, 5th Floor, Birmingham, Alabama 35203; Terry G. Davis, 
P. O. Box 6215, Montgomery, Alabama 36104; Deborah Fins, Julius 
L. Chambers, 99 Hudson Street, 16th Floor, New York, New York 

10013; Edward Still, 714 South 29th Street, Birmingham, AL 
35233; Dave Martin, Lawrence County Attorney, 215 S. Main 

Street, Moulton, AL 35650, H. R. Burnham, Calhoun County 
Attorney, P. O. Box 1618, Anniston, AL 36202, Buddy Kirk, 

Pickens County Attorney, P. O. Drawer AB, Carrollton, AL 35447, 
David R. Boyd, P. O. Box 78, Montgomery, A 36104, this the 3 
day of October, 1986. Sy 

RS uy) 
  

OF COUNS, 

 



p U.S. Dement of Justice 

  

  
WBR:SSC:PKH:gmh:dvs 

DJ 166-012-3 Washington, D.C. 20530 
RO003-0004 
R2528-2535 

October 27, 1986 
Jack Floyd, Esq. 
Floyd, Keener & Cusimano 
816 Chestnut Street 
Gadsden, Alabama 35999-2701 

Dear Mr. Floyd: 

This refers to the increase in the number of county 
commissioners from four to six; the elimination of the county 
chairperson's position in 1993; the change in the method of 
electing commissioners from at large to single-member districts; 
the districting plan and implementation schedule therefor; the 
elimination of the county chairperson's voting authority on 
commission matters; the permanent yearly rotation of the 
presiding office position among the commissioners in a manner 
to be determined by lot beginning in 1993; and the procedures 
for conducting the November 4, 1986, special primary, the 
November 25, 1986, special primary runoff, and the December 16, 
1986, special general election for Commissioner Districts 5 
and 6 in Etowah County, Alabama, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, 
as amended, 42 U.S.C. 1973c. We received your initial submission 
on August 27, 1986; supplemental information was received on 
September 15, 1986. In accordance with your request, expedited 
consideration has been given this submission pursuant to the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.32). 

The Attorney General does not interpose any objections 
to the changes in question. However, we feel a responsibility 
to point out that Section 5 of the Voting Rights Act expressly 
provides that the failure of the Attorney General to object 
does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by 
Section 5, the Attorney General reserves the right to reexamine 

 



  

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this submission if additional information that would otherwise 
require an objection comes to his attention during the remainder 
of the sixty-day review period. See also 28 C.F.R. 51.42 and 
51.48. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 

Civil Rights Division 

By: 4 7 cl 

ol of ) 

“Gerald W. Jones 

Lhief, Voting Section