Memorandum and Order on Plaintiffs' Motion for the Entry of Declaratory Judgement and Injunctive Relief

    TONYHAFnISON, Prcair.nt . JULIUSL. CHAMBERS. P.sr Pr.sir.flr

MARY FnANCES OERFNER. VlclPGli,.nl a SIEVE SUIITS. Er.culi\'. Oir.clor a JOSEPH HAAS. CqIrB.l

75 MARIETTA STREET, N.W. ATLANTA, GEORGIA 30303 (.04) 522-E7Ca

IvIEMORANDUM

TO:

FROM:

RE:

The N. C. Reapportionment Working Group

Steve Suitts

Work to be Done Since Our Meeting of
Wednesday, February L7

DATE: February 23, 1982

For perhaps understandable reasons I have resisted over the
last few days the duty of reviewing our conversations of the last
neeting. Yet, today I fully reaLize that, were he still with us,
Raymond would have already ca11ed to ask about the latest word and
work in our efforts. So, If11 try to recollect here what we intend
to accomplish or set in notion before our next meeting on Tuesday,
March 9, at 10:00 A.M. in Charlotte or Raleigh. (Leslie or Julius
will let us know in the next few days where we will be traveling.)

1. Julius and Leslie will initiate meetings and contacts
with folks in Durham to understand their perspectives, suggestions,
and.evidence in objection to the congressional p1an. With that infor-
nation and understanding, wet11 act accordingJ-y.

Z. Leslie will distribute to everyone a surmary of the
alternative house and senate plans that were produced by Harkins.

5. In keeping with the thrust of our initial examination
of the house plan, Steve will see to it that we have analyses and
model single-member district plans that are designed so that they:

a. Improve Cumberland County by creating a single-
member district with a majority black population
within the proposed multi-member district number 18;

b. Attempt to create a majority black district and
a majority Indian district in Hoke, Roberson, and
Scotland Counties;

c. Create a majority
and Wilson Counties;

d. Improve the voting
with covered counties
member districts;

black district in Nash, Edgecombe,

strength of blacks in all districts
now proposed as pert of nulti-

e. Atternpt to create a majority black single-member



MEMORANDUM
Fe6T-ua'ry -23 , 19 8 2
The N.C. Reapportionment Working Group Page Two

district between major metropolitan areas
and surrounding covered jurisdictions.

4. In keeping with our initial examination of the
state senate p1an, Steve will see that analyses and model plans
are drafted so, that they:

a. Demonstrate the insufficiency of the 5L.7%
najority black district in the blackbelt and
that other non-diluting options were available
to the legislature;

b. Attempt to create a majority black district
in the same area which the legislature could have
adopted;

c. Attempt to create a single-member majority,
non-white district in Hoke, Roberson, and Scotland
Counties;

d. Improve on the voting strength of blacks
in all covered counties proposed as a part of
urulti-menber districts ;

e. Attempt to create majority black single-
member districts between major metropolitan
counties and surrounding covered jurisdictions.

5. Leslie will be responsible for drafting the final letter
to the Justice Department, asking that it object to the state plans
on behalf of the clients in light of these analyses.

6. Leslie will take comments from each of us about further
inquiries and research needed surrounding the 1965-1966 reapportionment
of the legislature relating to the work of Harry Watson. It would be
helpful if everyone provided copies of these suggestions to everyone
else, So we'd all keep up with the direction of the inquiry.

7. Leslie will have Watson investigate the "open" papers
for Hugh White to gauge the utility of those papers and others and
will file a motion for the state to produce the archives of the other
relevant politicians where the custody of those papers are now in the
'hands of the state.

8. Steve will continue to supervise the research of the SRC
clippings files into the patterns, themes, and techniques of racial
discrimination in North Carolina, especially relating to voting, in
keeping with the report di.stributed at our last meet ing.

9. Julius will secure a final rvord for Nell Painter for her
involvement in deve loping the f inal historv of discrirnination in



IIIEM0RAIIDUM

The N.C. Reapportionment Working Group Page Three

the state and will organize a neeting of the principals including
Dr. Painter, to review the special needs relating to scholarship in
the context of this lawsuit.

10. Lani and Steve will contact Gordon Henderson to find out
if he can help develop a statewide plan based upon what has been done
heretofore. Steve will contact Pete Harkins to make arrangements,
one way or the other, for an improved plan. Our needs here are for
a revibed plan that avoids more diligently diluting the voting strength
of ninorities and observes 1ocal political factors.

11. Napoleon will prepare a draft of a brief that casts
the argument by which our case for a purposeful discrirnination can be
proven and won.

LZ. Leslie and Julius will speak with new clients from
non-covered counties and Leslie will prepare papers for their inter-
vent ion.

15. Leslie will amend and supplement our existing complaint
in light of the new plans which the state has adopted and with the.theory of affirmative duty."

14. Les1ie will file a motion for the certification of our
class in the lawsuit.

15. Each of us will submit to Leslie a list of who we believe
should be deposed in the lawsuit in the areas of discovery in which we
are interested.

16. All of us will submit to Leslie a list of the documents
that we think defendants should produce in this case.

17. Steve is setting up a file of the relevant clippings from
the Raleigh News and Observer and the few other clips that we have from
othe ought to the meeting last time.

I think that's the sumnary for now.
should keep some folks busy.

S. T. S.

UntiMarch the 9th, it