Motion by Defendant Requesting to be Excused from Proceedings

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

NORTHERN DIVISION 

JOHN DILLARD, et als, 

Plaintiffs, 

CIVIL ACTION NO. 85-T-1332-N VS. 

CRENSHAW COUNTY, etc., et als, 

Defendants. 

MOT 10N 
  

Defendant RICHARD I. PROCTOR, in his official capacity as 

Probate Judge of Lawrence County, Alabama, respectfully shows 

unto the Court as follows: 

1. Movant has heretofore filed pleadings responsive to the 

complaint in this cause and has appeared by counsel upon Motion 

Docket and Settlement Conference in Montgomery, Alabama, on the 

7th day of February, 1986. 

2. Defendant, as Probate Judge of Lawrence County, Alabama, 

exercises an administrative function in connection with elections 

in Lawrence County, Alabama as mandated by Title 17-6-1, Code of 

Alabama, 1975, as amended. Defendant exercises no other function 

relative to the issues in this cause and as set forth in the 

plaintiffs' complaint with respect to voting districts in 

Lawrence County, Alabama. 

3. In such capacity and as previously communicated by 

defendant through his pleadings and by consultation through 

counsel with the Court, defendant occupies a nonadversarial 

position with respect to the relief or reliefs sought in the 

 



plaintiffs' complaint and the positions of the respective 

defendants in these proceedings. 

4, Defendant contemplates no contributive participation in 

subsequent proceedings or evidentiary hearings which may be 

conducted in this cause and seeks to incur a minimum of expense 

and time in such proceedings unless his active participation is 

necessary and deemed appropriate by the Court and counsel. 

WHEREFORE, defendant respectfully requests to be excused 

from further active participation in these proceedings upon 

evidentiary hearings or otherwise subject to the call of the 

Court or the parties as may be deemed appropriate and proper upon 

the progress of these proceedings. 

Movant requests such other relief as may be appropriate and 

proper. 

SPEAKE, SPEAKE & REICH 

Attorneys for the Defendant, 
RICHARD I. PROCTOR, Probate Judge 
of Lawrence County, Alabama 

ORIGINAL SIGNED BY 

J. G. SPEAKE 
  

J. G. Speake 
Post Office Box 5 
Moulton, Alabama 35650 

Telephone: (205) 974-1171 

CERTIFICATE OF SERVICE 
  

I hereby certify that a copy of the above Motion has been 

served on all counsel of record in these proceedings by placing a 

copy of same in the United States mail properly addressed and 

first class postage prepaid this the 14D day of February, 1986. 

TATA FARMER ORIGINAL SIGNED BY [9 

J. G. SPEAKE 
  

J. G. Speake, Of Counsel