Plaintiffs' Motion for Preliminary Injunction; Plaintiffs' Statement of Facts; Affidavits (Redacted)

    IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, Civil Action 
v. • No. 86-5075 

Section A 
EDWIN EDWARDS, et al., 

Defendants-Appellees. 

PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION 

Pursuant to Fed. R. Civ. P. 65(a), plaintiffs seek a 

preliminary injunction restraining defendants from conducting any 

elections to fill positions on the Louisiana Supreme -Court from 

the First Supreme Court Judicial District pending disposition of 

plaintiffs' claim that the present use of a multimember district 

containing Orleans Parish denies them an equal opportunity to 

elect the candidate of their choice in violation of section 2 of 

the Voting Rights Act of 1965 as amended, 42 U.S.C. § 1973. 

The grounds for this motion are set out in Plaintiffs' 

Statement of Facts as to Which They Contend There Is No Dispute 

and the affidavits attached to this Motion, and in the 

accompanying Brief in Support of Plaintiffs' Motion for a 

Preliminary Injunction. 

fully submitted, 



• 
WILLIAM P. QUIGLEY 

901 Convention Center Blvd. 
Fulton Place 
Suite 119 
New Orleans, LA 70130 
(504) 524-0016 

ROY RODNEY, JR. 
643 Magazine Street 
New Orleans, LA 70130 
(504) 586-1200 

Dated: June 14; 1988 

2 

JULIUS L. CHAMBERS 
CHARLES STEPHEN RALSTON 
C. LANI GUINIER 
JUDITH REED 
PAMELA S. KARLAN 

99 Hudson Street, 16th Floor 
New York, New York 10013 
(212) 219-1900 

RON WILSON 
Richards Building, Suite 310 
837 Gravier Street 
New Orleans, LA 70112 
(504) 525-4361 

Counsel for Plaintiffs 



CERTIFICATE OF SERVICE 

I hereby certify that on June 14, 1988, I served copies of 

the foregoing motion upon the attorneys listed below via United 

States mail, first class, postage prepaid: 

William J. Guste, Jr., Esq. 
Atty. General 
La. Dept. of Justice 
234 Loyola Ave., Suite 700 
New Orleans, LA 70112-2096 

M. Truman Woodward, Jr., Esq. 
1100 Whitney Building 
New Orleans, LA 70130 

Blake G. Arata, Esq. 
210 St. Charles Avenue 
Suite 4000 
New Orleans, LA 70170 

A. R. Christovich, Esq. 
1900 American Bank Building 
New Orleans, LA 70130 

Noise W. Dennery, Esq. 
21st Floor Pan American Life Center 
601 Poydras Street 
New Orleans, LA 70130 

Robert G. Pugh 
330 Marshall Street, Suite 1200 
Shreveport, LA 71101 

Robert Berman 
Civil Rights Division 
Department of Justice 
P.O. Box 66128 
Washington, D.C. 20035 

Michael H. Rubin, Esq. 
Rubin, Curry, Colvin & Joseph 
Suite 1400 
One American Place 
Baton Rouge, LA 70825 

3 



S 

Peter Butler 
Butler, Heebe & Hirsch 
712 American Bank Building 
New Orleans, LA 70130 

Charles A. Kronlage, Jr. 
717 St. Charles Avenue 
New Orleans, LA 70130 

Counsel for Plaintiffs 



IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, 
V . 

EDWIN EDWARDS, et al., 

Defendants-Appellees. 

Civil Action 
No. 86-5075 
Section A 

PLAINTIFFS' STATEMENT OF FACTS AS TO 
WHICH THEY CONTEND THERE IS NO DISPUTE  

Plaintiffs contend that the following facts relevant to 

their motion for a preliminary injunction are subject to judicial 

notice pursuant to Fed. R. Evid. 201. 

1. The Louisiana Supreme Court consists of seven justices. 

2. The justices are elected from six Supreme Court 

Districts. 

3. Five of the districts elect one justice each. 

4. One district--the First Supreme Court District--elects 

two justices. 

5. Pursuant to La. Rev. Stat. § 13:101, the First Supreme 

Court consists of the parishes of Orleans, St. Bernard, 

Plaquemines, and Jefferson. 

6. Justices serve for terms of ten years. 

7. The two judicial seats assigned to the First Supreme 

Court District are not filled in the same election year. 



8. One of the seats assigned to the First Supreme Court 

District is scheduled to be filled by election in the fall of 

1988. 

9. One of the seats assigned to the First Supreme Court 

District is scheduled to be filled by election in the fall of 

1990. 

10. According to the 1980 Census, the total population of 

Jefferson Parish was 454,592. Of this total population, 13.89 

percent was black. 

11. According to the 1980 Census, the total population of 

Orleans Parish was 557,515. Of this total, 55.25 percent were 

black. 

12. According to the 1980 Census, the total population of 

Plaquemines Parish was 26,049. Of this total population, 21.12' 

percent was black. 

13. According to the 1980 Census, the total population of 

St. Bernard Parish was 64,097. Of this total population, 3.73 

percent was black. 

14. According to the 1980 Census, the combined total 

populations of Jefferson, Orleans, Plaquemines, and St. Bernard 

Parishes was 1,102,253. Of this total, 379,101 persons (34.4 

percent) were black. 

15. According to the Louisiana Elections Commissioner, the 

following figures reflect the number of registered voters by race 

in the parishes comprising the First Supreme Court District as of 

March 31, 1987: 

2 



Parish Total White Black % Black 

Orleans 251,359 118,232 131,726 52.4 

Jefferson 199,534 174,742 23,825 11.9 

St. Bernard 40,086 38,508 1,577 03.9 

Plaquemines 15,198 11,376 2,825 18.6 

TOTAL 506,177 342,858 159,953 31.6 

16. According to the 1980 Census, these are the total 

populations and racial breakdowns of the 

Districts: 

District Total Pop. White 

1 1,102,253 
2 582,223 
3 692,974 
4 410,850 
5 861,217 
6 556,383 

4,205,900 

698,418 
386,283 
537,586 
274,007 
596,972 
418,906 

2,912,172 

six Supreme Court 

% White Black 

63.4 
66.3 
77.6 
66.7 
69.3 
75.3 
69.2 

379,101 
188,490 
150,036 
134,534 
256,523 
129,557 

1,238,241 

% Black 

34.4 
32.4 
21.7 
32.7 
29.8 
23.3 
29.4 

17. Louisiana has a history of official discrimination 

touching upon the right to vote and otherwise participate in the 

political process. 

18. Louisiana is covered by section 5 of the Voting Rights 

Act of 1965, 42 U.S.C. § 1973c, because it used a literacy test 

and has had a history of depressed political participation. 

19. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that in 1898, Louisiana 

imposed property and educational qualifications on the franchise 

in part for the purpose of reducing black voter registration. 

20. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that in 1898, Louisiana 

3 



adopted a "grandfather clause" for the purpose of allowing 

whites, but not blacks, to vote despite their failure to meet 

stringent registration qualifications. 

21. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that in 1923, Louisiana 

authorized the use of a white-only primary. The use of white 

primaries continued until it was struck down by the U.S. Supreme 

Court in 1944. 

22. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that Louisiana adopted 

citizenship tests and anti-single-shot provisions in the 1950's 

to diminish the political power of black voters. 

23. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that Louisiana established a 

majority-vote requirement for election to party committees in 

1959 to diminish the political power of black voters. 

24. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that voting in elections 

involving black candidates for political office in Orleans 

Parish, including elections involving black candidates seeking 

judicial office, was racially polarized in that such elections 

reflect a correlation between the race of voters and the 

selection of certain candidates. 

25. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that white voters within 

Orleans and the adjacent suburban parishes--which comprise the 

4 



• 
First Supreme Court District--generally do not support black 

candidates in elections involving both black and white 

candidates. 

26. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that Louisiana enforced a 

policy of racial segregation in public education, transportation, 

and accommodations until these practices were outlawed by the 

Supreme Court and Congress. 

27. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that Louisiana operated a 

dual university system until 1981. 

28. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that public facilities in 

Louisiana were segregated until the late 1960's. 

29. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found a substantial degree of 

racial polarization exhibited in the voting patterns of Orleans 

Parish. 

30. In Major v. Treen, 574 F. Supp. 325 (E.D. La. 1983) 

(three-judge court), the court found that the population growth 

of the suburban parishes adjacent to Orleans Parish was partially 

due to the exodus from New Orleans of white families seeking to 

avoid court-ordered desegregation of the city's public schools 

and that the white voters .of these suburdban parishes were not 

receptive to black candidates. 

31. In Citizens for a Better Gretna v. City of Gretna, 636 

5 



F. Supp. 1113 (E.D. La. 1986), aff'd, 834 F.2d 496 (5th Cir. 

1987), the district court found legally significant racial bloc 

voting in Jefferson Parish. 

32. According to the 1980 Census, in Orleans Parish, 70.8 

percent of white persons age 25 and over were high school 

graduates. 

33. According to the 1980 Census, in Orleans Parish, 46.9 

percent of black persons age 25 and over were high school 

graduates. 

34. According to the 1980 Census, in Orleans Parish, 11.16 

percent of white residents age 25 and over had completed fewer 

than eight years of school. 

35. According to the 1980 Census, in Orleans Parish, 21.78 

percent of black residents age 25 and over had completed fewer 

than eight years of school. 

36. According to the 1980 Census, per capita income for 

white residents of Orleans Parish was $9,781. 

37. According to the 1980 Census, per capita income for 

black residents of Orleans Parish was $3,985. 

38. According to the 1980 Census, the median household 

income for white households in Orleans Parish was $15,605. 

39. According to the 1980 Census, the mean household income 

for white households in Orleans Parish was $21,975. 

40. According to the 1980 Census, the median household 

income for black households in Orleans Parish was $8,847. 

41. According to the 1980 Census, the mean household income 

6 



for black households in Orleans Parish was $12,159. 

42. According to the 1980 Census, the median family income 

for white families in Orleans Parish was $21,544. 

43. According to the 1980 Census, the mean family income 

for white families in Orleans Parish was $28,496. 

44. According to the 1980 Census, the median family income 

for black families in Orleans Parish was $10,516. 

45. According to the 1980 Census, the mean family income 

for black families in Orleans Parish was $13,727. 

46. According to the 1980 Census, 7.4 percent of white 

families in Orleans Parish had incomes in 1979 below the poverty 

level. 

47. According to the 1980 Census, 11.5 percent of white 

persons in Orleans Parish had incomes in 1979 below the poverty 

level. 

48. According to the 1980 Census, 8.0 percent of white 

persons in Orleans Parish had incomes in 1979 that were below 75 

percent of the poverty level. 

49. According to the 1980 Census, 33.4 percent of black 

families in Orleans Parish had incomes in 1979 below the poverty 

level. 

50. According to the 1980 Census, 37.3 percent of black 

persons in Orleans Parish had incomes in 1979 below the poverty 

level. 

51. According to the 1980 Census, 29.1 percent of black 

persons in Orleans Parish had incomes in 1979 that were below 75 

7 



percent of the poverty level. 

52. According to the 1980 Census, 6.76 percent of white-

occupied housing units in Orleans Parish had no telephone. 

53. According to the 1980 Census, 20.78 percent of white-

occupied housing units in Orleans Parish had no vehicle 

available. 

54. According to the 1980 Census, 14.22 percent of black-

occupied housing units in Orleans Parish had no telephone. 

55. According to the 1980 Census, 42.39 percent of black-

occupied housing units in Orleans Parish had no vehicle 

available. 

56. The First Supreme Court District is the only 

multimember Supreme Court District. 

57. The First Supreme Court District is the largest Supreme 

Court District in population. 

58. Elections for the Louisiana Supreme Court are covered 

by Louisiana's majority-vote requirement. 

59. Because election terms for the two seats from the First 

Supreme Court District are staggered, it is impossible for voters 

within the First Supreme Court District to bullet or single-shot 

vote. 

60. In the twentieth century, no black person has served on 

the Louisiana Supreme Court. 

61. In the twentieth century, no black person has sought 

election to the Louisiana Supreme Court from the First Supreme 

Court District. 

8 



62. A Supreme Court District consisting of Orleans Parish 

only would be majority black in population, voting age 

population, and percentage of registered voters. 

63. Running an effective campaign for a seat on the Supreme 

Court from the First Supreme Court District would require raising 

over $100,000. 

64. Running an effective campaign for a seat on the Supreme 

Court from the First Supreme Court District requires significant 

lead time to obtain endorsements, raise funds, and set up an 

effective campaign organization to publicize one's candidacy and 

get out the vote. 

9 



IN THE 
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

No. 8773463 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, 
V. 

EDWIN EDWARDS, et al., 

Defendants-Appellees. 

AFFIDAVIT OF DR. RICHARD L. ENGSTROM 

Richard L. Engstrom, being sworn, deposes and says: 

1. I make this affidavit in support of Appellants' Motion 

for an Injunction Pending Appeals or, in the Alternative, for 

Issuance of the Mandate. 

2. I am currently Research Professor of Political Science 

at the University of New Orleans, in New Orleans, Louisiana. A 

copy of my current curriculum vitae is attached to this affidavit 

as Appendix A. 

3. I have done extensive research into the relationship 

between electoral structures and the ability of black voters to 

participate fully in the political process and to elect the 

candidates of their choice. Among my many publications are 

Engstrom & Wildgen, Pruning Thorns From the Thicket: An EmDirical  

Test of the Existence of Racial Gerrymandering, 2 Legis. Stud. Q. 

465 (1977); Engstrom & McDonald, Ouantitative Evidence in Vote  

Dilution Litigation: Political ParticiDation and Polarized  



Voting, 17 Urb. Law. 369 (1985); and Engstrom, The Reincarnation 

of the_Intent Standard: Federal Judges and At-Large Election  

Cases, 28 How. L.J. 495 (1985). Each of these was cited with 

approval in Thornburg v. Gingles, 478 U.S. , 92 L.Ed.2d 25 

(1986), the only Supreme Court decision interpreting amended 

section 2 of the Voting Rights Act. See. e.g., 92 L.Ed.2d at 48, 

n. 20, 50, 60. 

4. I was retained by the plaintiffs in Clark v. Edwards, 

No. 86-435-A (M. D.. La.), to analyze several issues with regard to 

the opportunities of black voters in Louisiana to participate in 

the judicial elections process and to elect the candidates of 

their choice. Among other things, I was asked to examine the 

results of judicial elections in which black candidates ran to 

determine whether such elections are racially polarized, that is, 

whether there is "a correlation between the race of voters and 

the selection of certain candidates." Thornburg v. Gingles, 92 

L.Ed.2d at 61. 

5. Appellants in this case have asked me to. present my 

findings with regard to the presence of racial polarization in 

judicial elections conducted within Orleans Parish. 

6. I used two complementary methods for determining 

whether voting was racially polarized--extreme case (or 

homogeneous precinct) analysis and bivariate ecological 

regression. These are the methods approved by the Supreme Court 

in Gingles. 92 L.Ed.2d at 48. A brief summary of the 

tethodology is contained in Appendix B. 

2 



7. There were 27 separate contests in which Black candidates 

ran against white opponents. ( In four of those contests, 

two black candidates competed.) Regression analyses of 

these elections show that black voters cast a majority of 

their votes for the black candidates in 24 of the 27 

elections. By contrast, white voters preferred white 

candidates in all 27 contests. The estimates based on extreme 

case analysis show the same pattern: in 24 of the 27 elections 

a majority of black voters voted for black candidates, while 

in all 27 elections a majority of white voters voted for 

white candidates. The estimated racial divisions in the 

vote revealed by the regression analyses of these elections, 

along with the correlation coefficient reflecting the 

consistency with which the race of the registered voters 

in the various precincts is associated with the vote for 

the respective black candidates, are reported in Appendix 

C, Table 1 and Table 3. The estimated racial divisions 

in the vote revealed by the extreme case analyses are reported 

in Appendix C, Table 2 and Table 4. 

8. I conclude from my analysis that voting within Orleans 

Parish in judicial elections reflects racial polarization., 

as that term is defined in - n:les. 

Sworn to and subscribed 
before me this  4iir  th 
day of May 1988 

3 



APPENDIX A 



VITA 

•••... March 1988. 

RICHARD L. ENGSTROM, Research Professor of Political Science 
University of New Orleans 

OFFICE  

Department of Political Science 
University of New Orleans 
Lakefront 
New _Orleans, LA 70148 

HOME 

  
  

Phone: (504) 245-3447 

PERSONAL AND EMPLOYMENT INFORMATION  

Born May 23, 1946. Married to former Carol L. Verheek. Four 
children: Richard Neal, born 3/10/70; Mark Andrew, born 1/14/73;. 
Brad Alan, born 3/31/77; and Amy Min, born 8/18/84. 

Assistant Professor of Political Science, University of New Orleans 
(formerly Louisiana State University in New Orleans), 1971-1974. 

Associate Professor of Political Science, University of New-Orleans, 
1974-1979. _ 

Chairperson, Department of Political Science, University of New 
Orleans, 1976-1979. 

Professor of Political Science, University of New Orleans, 1979-
present. 

Research Professor of Political Science, 1987-present. 

Fulbright-Hays Professor, National Taiwan University and National 
Chengchi University, and Visiting Research Fellow, Institute of 
American Culture, Academic Sinica, Taipei, Taiwan, R.O.C., 1981-82. 

Fulbright-Hays Professor, University College, Galway, Ireland, 1985-
86. 

Recipient, UNO Alumni Association's Career Distinction Award for 
Excellence in Research, December 1985. 

FORMAL EDUCATION  

Ph.D., University of Kentucky, 1971 

M.A., University of Kentucky, 1969 

A.B., Hope College (Holland, Michigan), 1968. 
(recipient of Class of '65 Political Science Award, 1968. 



Dr. Richard L. Engstrom 
Page 2 

PRIMARY TEACHING FIELDS  

Urban Goveinment and Politics, Black Politics, Legislative Process, 
American Politics. 

PROFESSIONAL ACTIVITIES  

Associate Member, Centre for the Study of Irish Elections, University 
College Galway. 

Member, Board of Editors,Public Administration Quarterly 1977-
present. 

Member, Editorial Board, 'Journal of Politics, 1988-present. 

Member, Board of Editors, State and Local Government Review, 1988-
1990. 

Treasurer, Southwestern Political Science Association, 1981 
(position resigned during tekm due to Fulbright Lectureship). 

Member, Nominating Committees, Southern Political Science 
Association, 1980; Louisiana Political Science Association, 1981. 

Member, Chastain Award Committee, Southern Political Science 
Association, 1978. 

Member, Program Committee (Urban Politics .Section), 1976 Annual 
Meeting of the Southern Political Science Association, Atlanta, 
Georgia. 

Member, Membership Committee, Southwestern Social Science 
Association, 1973-74. 

Presented papers at meetings of the American Political Science 
Association, International Political Science Association, Midwest 
Political Science Association, Southern Political Science 
Association, Louisiana Political Science Association, Citadel 
Symposium on Southern Politics, International Society of Political 
Psychology, and Harvard University Computer Graphics Week. 

Chaired panels at meetings of the Southern Political Science 
Association and American Political Science Association. 

Served as discussant for panels at meetings of Southwestern Social 
Science Association; Louisiana Political Science Association; 
Institute of American Culture, Academic Sinica (Taiwan). 



Dr. Richard L. Engstrom 
Page 3 

PROFESSIONAL ACTIVITIES - cont'd 

Reviewed manuscripts for the American Political Science Review, 
American Journal of Political Science, Journal of Politics, Western 
Political Quarterly, Polity, Social Science Quarter y, Legislative  
Studies Quarterly, American Politics Quarterly, Public  
Administration Quarterly, National Political Science Review, State 
and Local Government Review, and Howard University Press. 

Recipient of grant from Pacific Cultural Foundation, Taipei, Taiwan 
to support project entitled "The Legislative Yuan: A Study of 
Legislative Adaptation", (1982). 

Recipient of grant from private sources, New Orleans, to support a 
study of mayoral tenure in large American cities (1983). 

Reviewed grant proposals for National Science Foundation programs in 
Political Science and Law and Social Sciences, and National Science 
Foundation graduate fellowship applications for the National 

Research Council. 

COMMUNITY AND UNIVERSITY SERVICE  

Chairperson, Taskforce on Civil Service, Mayor-Elect Ernest Morial's 
Transition Office (New Orleans), 1977-78. 

Chairperson, Search Committee for Vice Chancellor for Research and 
Graduate Studies and Dean of the Graduate School, 1987-88. 

Chairperson, Search Committee for Graduate Dean, UNO, 1978-79. 

Member, 

Member, 

Member, 

Member, 

Member, 

Member, 

University Budget Committee, UNO, 1983-84. 

Graduate Council, UNO, 1975-76. 

Liberal Arts Advisory Committee, UNO, 1975-76, 1982-84. 

Academic Planning Committee, UNO, 1982-1988. 

Faculty Council Committee on Faculty Honors, UNO, 1985-1990. 

Committee on Research, UNO Self-Study, 1972-73; 1982-83. 

Member, Dean's Advisory Committee on Academic Planning, College of 
Liberal Arts, UNO, 1983-84. 

Member, University Senate, UNO, 1975-77; 1980-81; 1983-85. 



Dr. Richard L. Engstrom 
Page 4 

UNIVERSITY AND UNIVERSITY SERVICE - cont'd 

Member, Steering Committee, Legal Division, New Orleans Chapter, 
American Foundation for Negro Affairs, 1977-79. 

Vice President, 1975-76, and Member of the Board, 1976-77 and 1977-
78, Diversity's Gallery: A Foundation for the Arts (New Orleans). 

Service as expert witness in numerous vote dilution cases in federal 
courts. Employed by the United States Department of Justice, 
Lawyers' Committee for Civil Rights Under Law, NAACP Legal Defense 
Fund, Center for Constitutional Rights, and other organizations and 
plaintiffs. 

Numerous presentations before groups such as the Louisiana Municipal 
Association; League of Women Voters; Public Policy Forums at 
Southern University in Baton Rouge; Louisiana Municipal Clerks 
Institute; (La.) Black Legislative Caucus Institute; Robert A. Taft 
Institute of Government Seminars, Southern University; Special 
Committee on Elective Law and Voter Participation, American Bar 
Association; Subcommittee on Civil and Constitutional Law, United 
States House of Representatives Committee on the Judiciary; 
Institute of American Culture, Academic Sinica (Taiwan); Foundation 
for Scholarly Exchange (Taiwan), University -College Galway, 
University College Dublin, Queen's University of Belfast, 
University of Keele, APSA Summer Institute for Black Students, 
College of William and Mary, and Sangamon State University. 

REFERENCES  

Dr. Robert E. Darcy, Department of Political Science, Oklahoma State 
University Stillwater, Oklahoma 74074 

Dr. Michael D. McDonald, Department of Political Science, State 
University of New York at Binghamton, Binghamton, NY 13901 

Dr. Robert B. Thigpen, Department of Political Science, University 
of New Orleans, New Orleans, LA 70148 

Dr. Jewel Prestage, Department of Political Science, Southern 
University, Baton Rouge, LA 70813 

Dr. David W. Neubauer, Department of Political Science, University 

of New Orleans, New Orleans, LA 70148 



Dr. Richard L. Engstrom 
Page 5 

CURRENT RESEARCH 

"Council Size and the Election of Blacks from Single-Member 
Districts: Clarifying an Apparent Inconsistency Between Theory and 
Data" (witia-Michael D. McDonald). Initial draft presented at the 

XIIIth World Congress of the International Political Science 
Association, Paris, France, 1985. 

"At-Large Plus: The Impact of Anti-Single Shot Voting Rules and 
Staggered Terms on Black Councilmanic Representation" (with Michael 
D. McDonald). 

"The Politics of PR: Electoral Manipulation and Reform in Ireland" 
(in progress). 

"Cumulative Voting as a Remedy for Minority Vote Dilution: The 
Case of Alamogardo, New Mexico." 

"Minority Representation and Councilmanic Election Systems: A Black 
and Hispanic Comparison," for inclusion in volume edited by Anthony 
Messina, Laurie Rhodebeck, Frederick Wright, and Luis R. Fraga. 



Dr. Richard L. Engstrom 
Page 1 

PUBLICATIONS 

MONOGRAPHS  

Home Rule .for Louisiana Parishes (Baton Rouge: Police Jury 
Association of Louisiana and Governmental Services Institute, 
Louisiana State University, 1974). 

Municipal Home Rule in Louisiana (Baton Rouge: Louisiana Municipal 
Association and Governmental Services Institute, Louisiana State 
University, 1974). 

Municipal Government Within the 1974 Louisiana Constitution: A 
Reference Guide for MUEIFTFir-05ffragls Baton Rouge: Louisiana 
Municipal Association and Governmental Services Institute, Louisiana 
State University, 1975). 

Louisiana Mayor's Handbook (Baton Rouge: Louisiana Municipal 
Association and Governmental Services Institute, Louisiana State 
University, 1977), (with Edward Clynch and Konrad Kressley). 

Mayoral Tenure in ,Large American Cities (New Orleans: School of 
Urban and Regional Studies, University of New Orleans, 1983). 

ARTICLES, RESEARCH NOTES, AND BOOK CHAPTERS  

"Statutory Restraints on Administrative Lobbying -- 'Legal 
Fiction'", Journal of Public Law, Vol. 19, No. 1 (1970), 90-103 
(with Thomas G. WalkeT)7---Reprinted in Dennis Ippolito and Thomas 
Walker (eds.), Reform and Responsiveness: Readings in American  
Politics (New York: St. Martin's Press, Inc., 1972), pp. 428-438. 

"Race and Compliance: Differential Political Socialization," Polity, 
3 (Fall 1970), 100-111. Reprinted in Charles S. Bullock, III, and 
Harrell Rogers, Jr. (eds.), Black Political Attitudes: Implications 
for Political Support (Chicago: Markham Publishing Co., 1972), pp. 
33-44. 

"Political Ambitions and the Prosecutorial Office," Journal of 
Politics, 33 (February 1971), 190-194. 

"Life-Style and Fringe Attitudes Toward the Political Integration of 
Urban Governments," Midwest Journal of Political Science 15 (August 
1971), 475-494 (with W.E. Lyons 

"Expectations and Images: A Note on Diffuse Support for Legal 
Institutions," Law and Society Review, 6 (May 1972), 631-636 (with 
Michael W. Giles). 



Dr. Richard L. Engstrom 
Page 2 

ARTICLES, RESEARCH NOTES, AND BOOK CHAPTERS - cont'd 

"Black Control or Consolidation: The Fringe Response," Social Science 
Quarterly, 53 (June 1972), 161-167 (with W.E. Lyons). 

"Life-Style and Fringe Attitudes Toward the Political Integration of 
Urban Governments: A Comparison of Survey Findings," American 
Journal of Political Science, 17 (February 1973), 182-188 (with W.E. 
Lyons). 

"Racial Gerrymandering and Southern State Legislative Redistricting: 
Attorney General Determinations Under the Voting Rights Act," 
Journal of Public Law, Vol. 22, No. 1 (1973), 37-66 (with Stanley A. 
Halpin, Jr.). 

"Socio-Political Cross Pressures and Attitudes Toward Political 
Integration of Urban Governments," Journal of Politics, 35 (August 
1973), 682-711 (with W.E. Lyons). 

"Candidate Attraction to the Politicized Councilmanic Office: A Note 
on New Orleans," Social Science Quarterly, 55 (March 1975), 975-982 
(with James N. Pezant). 

"Home- Rule in Louisiana -- Could This Be The Promised Land?," 
Louisiana History, 17 (Fall 1976), 431-455. 

"Judicial Activism and the Problem of Gerrymandering," in Randall B. 
Ripley and Grace A. Franklin (eds.), National Government and Public  
Policy in the United States (Itasca, IL: Peacock Publishers, Inc., 
1977, pp. 239-244. 

"The Supreme Court and Equi-Populous Gerrymandering: A Remaining 
Obstacle in the Quest for Fair and Effective Representation," 
Arizona State Law Journal, Vol. 1976, No. 2 (1977), 277-319. Cited 
extensively in Karcher v. Daggett,   U.S. (1983) 
(by J. Stevens, concurring, and J. White, dissenting. 

"State Centralization Versus Home Rule: A Note on Ambition Theory's 
Powers Proposition," Western Political Quarterly 30 (June 1977), 
288-294 (with Patrick F. O'Connor). 

"Pruning Thorns from the Thicket: An Empirical Test of the Existence 
of Racial Gerrymandering," Legislative Studies Quarterly, 2 
(November 1977) 465-479 (with John K. Wildgen. ' Cited extensively 
in Thornburg v. Gingles,   U.S.   (1986) (by J. 
Brennan). 

"Racial Vote Dilution: Supreme Court Interpretations of Section 5 of 
the Voting Rights Act," Southern University Law Review, 4 (Spring 
1978), 139-164. 



Dr. Richard L. Engstrom 
Page 3 

ARTICLES, RESEARCH NOTES, AND BOOK CHAPTERS - cont'd 

"The Political Behavior of Lawyers in the Louisiana House of 
Representatives," Louisiana Law Review 39 (Fall 1978), 43-79 (with 
Patrick F. O'Connor, Justin J. Green, and Chong Lim Kim). 

"Restructuring the Regime: Support for Change Within the Louisiana 
Constitutional Convention," Polity 11 (Spring 1979), 440-451 with 
Patrick F. O'Connor). 

"The Hale Boggs Gerrymander: Congressional Redistricting, 1969," 
Louisiana History, 21 Winter 1980), 59-66. 

"Lawyer-Legislators and Support for State Legislative Reform," 
Journal of Politics, 42 (February 1980), 267-276 (with Patrick F. 

O'Connor). 

"Racial Discrimination in the Electoral Process: The Voting Rights 
Act and the Vote Dilution Issue," in Robert P. Steed, Lawrence W. 
Moreland, and Tod A. Baker, (eds.), ?arty Politics in the South (New 
York: Praeger Publishing, 1980), pp. 197-213. 

"Spatial Distribution of Partisan Support and the Seats/Votes 
Relationship," Legislative Studies Quarterly, 5 (August 1980), 423-
435 (with John K. Wildgen). 

"Computer Graphics and Political Cartography: ASPEX of 
Gerrymandering," in Computer, Mapping Applications in Urban, State,  
and Federal Government, Plus Computer Graphics in Education, Vol. 
16, Harvard Library of Computer Graphics, 1981 Mapping Collection 
(Cambridge, Mass.: Laboratory for Computer Graphics and Spatial 
Analysis, Harvard University, 1981), pp. 51-57 (with John K. Wildgen). 

"The Election of Blacks to City Councils: Clarifying the Impact of 
Electoral Arrangements on the Seats/Population Relationship," 
American Political Science Review, 75 (June 1981), 344-354 (with 

Michael D. McDonald). 

"Post-Census Representational Districting: The Supreme Court, 'One 
Person, One Vote,' and the Gerrymandering Issue," Southern  
University Law Review, 7 (Spring 1981), 173-226. 

"Municipal Government," in James Bolner (ed.), Louisiana Politics: 
Festival in a ,Labyrinth (Baton Rouge: Louisiana State University 
Press, 1982), pp. 181-219. 

"The 1980 Election and the Realignment Thesis: A Note of Caution," 
American Studies (Mei-kuo-Yen-chiu), 12 (June 1982), 107-132. 



Dr. Richard L. Engstrom 
Page 4 

ARTICLES, RESEARCH NOTES, AND BOOK CHAPTERS - cont'd 

"Racial Vote Dilution and the 'New' Equal Protection Clause: City of 
Mobile v. Bolden," American Studies (Mei-kuo-Yen-chiu) 12 
September 1982), 25-72. 

"The Underrepresentation of Blacks on City Councils: Comparing the 
Structural and Socioeconomic Explanations for South/Non-South 
Differences," Journal of Politics, 44 (November 1982), 1088-1099 
(with Michael D. McDonald). 

"The Impact of the 1980 Supplementary Election on Nationalist 
China's Legislative Yuan," Asian Survey, 24 (April 1984), 447-458 
(with Chu Chi-hung). 

"The Marginality Hypothesis and the State Legislative Salary Issue," 
Southeastern Political Review, 13 (Spring 1985), 169-182 (with 
Patrick F. O'Connor). 

"Racial Vote Dilution: The Concept and the Court," in Lorn Foster 
(ed.), The Voting ,Rights Act: Consequences and Implications (New 
York: Praeger Publishers, 1985), pp. 13-43. 

"Quantitative Evidence in Vote Dilution Litigation: Political 
Participation and Polarized Voting," Urban Lawyer, 17 (Summer 
1985), 369-377 (with Michael D. McDonald). Cited in Thornburg v. 
Gingles,   U.S.   (1986) (by J. Brennan).. 

"The Reincarnation of the Intent Standard: Federal Judges and At-
Large Election Cases," Howard Law Journal 28 (No 2, 1985), 495-513. 
Cited in !Thornburg v. Gingles,   U.S. • (1986) (by 
J. Brennan). Abbreviated version appeared in Focl- M-Tru.ne, 1985). 
(Focus is a monthly publication of the Joint Center for Political 
Studies in Washington, D.C.). 

"The Effect of At-Large Versus District Elections on Racial 
Representation in U.S. Municipalities," in Bernard Grofman and Arend 
Lijphart (eds.), Electoral Laws and Their Political Consequences  
(New York: Agathon Press, Inc., 1986), pp. 203-225 (with Michael D. 
McDonald). 

"Repairing the Crack in -i-siew Orleans' Black Vote: VRA's Results Test 
Nullifies 'Gerryduck'," Publius 16(Fall 1986), 109-121. 

"Quantitative Evidence in Vote Dilution Litigation, Part II: 
Minority Coalitions and Multivariate Analysis," Urban Lawyer, 
19(Winter 1987), 65-75 (with Michael D. McDonald). 

"District Magnitudes and the Election of Women to the Irish Dail," 
Electoral Studies, 6 (August 1987), 123-132. 



S 

Dr. Richard L. Engstrom 
Page 5 

ARTICLES RESEARCH NOTES AND BOOK CHAPTERS - cont'd 

"The Election of Blacks to Southern City Councils: The Dominant 
Impact of Electoral Arrangements," in Laurence W. Moreland, Robert 
P. Steed,..and Tod A. Baker (eds.) Black Politics in the South (New 
York: Praeger Publishers, 1987), pp. 245-258 (with Michael D. 
McDonald). 

"Race, Referendums, and Rolloff" Journal of Politics 49 (November 
1987), 1081-1092 (with Jim M. Vanderleeuw 

"Definitions, Measurements, and Statistics: Weeding Wildgen's 
Thicket," Urban Lawyer 20(Winter 1988), 175-191 (with Michael D. 
McDonald). 

"The Desirability Hypothesis and the Election of Women to City 
Councils," State and Local Government Review 20 (Winter 1988), 38-40 
(with Michael D. McDonald and Bih-Er Chou). 

"Black Politics and the Voting Rights Act(s): 1965-1982," in James 
Lea (ed.), Contemporary Southern Politics: Continuity and Change  
(Baton Rouge: Louisiana State University Press, (forthcoming). 

"Detecting Gerrymandering," in Bernard Grofman (ed.), Toward Fair 
and Effective Representation: Political Gerrymandering and the 
Courts (forthcoming) (with Michael D. McDonald). 

"Race and Representational Districting: Protections Against 
Delineational and Institutional Gerrymandering" Comparative State 
Politics Newsletter (forthcoming, special issue). 

BOOK REVIEWS  

Review of John Wilson Lewis (ed.), THE CITY IN COMMUNIST CHINA, in 
Journal of Politics, 34 (February 1972), 310-311. 

Review of Arthur I. Blaustein and Geoffrey Faux, THE STAR-SPANGLED 
HUSTLE: WHITE POWER AND BLACK CAPITALISM in Wall Street Review of 
Books, 1 (June 1973) 1 215-229. 

Review of Carroll Smith Rosenberg, RELIGION AND THE RISE OF THE 
AMERICAN CITY: THE NEW YORK CITY MISSION MOVEMENT, 1812-1870, in 
Christian Scholar's Review, Vol. 4, No. 1 (1974), 73-75. 

Review of Charlie Brower, ME, AND OTHER ADVERTISING GENIUSES, in 
Wall Street Review of Books, 2 (September 1974), 226-227. 



Dr. Richard L. Engstrom 
Page 6 

BOOK REVIEWS - cont'd 

Review of Robert Higgs, COMPETITION AND COERCION, 
AMERICAN ECONOMY, 1865-1914, in Wall Street Review  
(Spring 197.8) 1 117-119. 

Review of Herbert E. Alexander, 
Alexander, FINANCING POLITICS: 
REFORM, in Wall Street Review of 

BLACKS IN THE 
of Books, 6 

MONEY IN POLITICS, and Herbert E. 
MONEY, ELECTIONS, AND POLITICAL 
Books, 6 (Summer 1978), 209-211. 

Review of James M. Buchanan and 
DEFICIT: THE POLITICAL LEGACY OF 
of Books, 6 (Fall 1978), 319-320. 

Richard E. Wagner, DEMOCRACY IN 
LORD KEYNES, in Wall Street Review  

Review of American Enterprise Institute for Public Policy Research, 
ZERO-BASE BUDGETING AND SUNSET LEGISLATION, in Wall Street Review of 
Books, 7 (Winter 1979), 53-55. 

Review of David Rogers, CAN BUSINESS MANAGEMENT SAVE THE CITIES? THE 
CASE OF NEW YORK, in Wall Street Review of Books, 7 (Spring 1979), 
75-77. 

Review of Kevin R. Cox and R. J. Johnston (eds.), CONFLICT, POLITICS 
AND THE URBAN SCENE, in American Political Science Review, 78 (June 
1984), 531-532. 

Review of Manuel Carballo and Mary Jo Bane (eds.), THE STATE AND THE 
POOR IN THE 1980s, in American Political Science Review, 79 (June 

1985), 523-524. 

Review of Terry Sanford, A DANGER TO DEMOCRACY: THE PRESIDENTIAL 
M IX:TIn-1P5 t10.CESS, in Presidential Studies Quarterly, 16 (Winter 

IIIg iewNY Or I  CONGRESSIONALI=   PL )Itaeg;, TN  
(Spring 1986), 369-371. 

Review of Arend Lijphart and Bernard Grofman 
ELECTORAL SYSTEM: ISSUES AND ALTERNATIVES, in 
(1986), 125-127. 

POLITICSReview of David McKay, 4f AND 
Studies Quarterly 17 (Fall 

(eds.), CHOOSING AN 
Irish Political Studies, 

SOCIETY, in Presidential 

:::::: s of Sheila D. Collins,  .THE RAINBOW • CHALLENGE: THE JACKSON 
CAMPAIGN AND THE FUTURE OF AMERICAN POLITICS, in Presidential  



APPENDIX B 



METHODOLOGY 

Extreme Case Analysis  

Extreme case analysis is based on racially "homogeneous" 

precincts (in this analysis, precincts in which at least 90% of 

the registered voters are of one racial group or the other). 

Reported in the tables are simply the percentage of the votes 

cast within each group of homogeneous precincts (black or white) 

that were cast in support of the black candidate. 

Bivariate Ecological Regression  

Bivariate ecological regression provides estimates of the 

same behavior, but employs data for all precincts, not just those 

that -are racially homogeneous. The figures reported in the 

tables are based on the empirical relationship between the 

percentage of registered voters in every precinct and (1) the 

percentage of registered voters in every precinct voting for the 

black candidate(s) and (2) the percentage voting for white 

candidate(s). By examining two summary statistics through which 

these empirical relationships are expressed -- the intercept and 

the regression coefficient -- it is possible to estimate the 

percentage of both white and black registered voters who voted in 

a particular election, and also the percentage of the votes cast 

by each racial group that were cast in favor of a particular 

candidate. Each analysis has been weighted to reflect the 

different number of registered voters within each precinct. For 

a more detailed explanation of this estimation procedure (which 



was employed by the plaintiffs' expert witness in the Gingles  

case), see Grofman,. Migalski, and Noviello, "The Totality of 

Circumstances Test" in Section 2 of the 1982 Extension of the 

Voting Rights Act: A Social Science Perspective, 7 Law and Policy 

119, 2o2-2o5 (1985) (cited in Thornburg v. Gingles, 106 S.Ct. 

2752, 2768 (1986)), or Grofman, An Outline for Racial Bloc Voting 

Analysis, Plaintiffs' Exhibit 12, at 1-5, Gingles v. Edmisten, 

590 F. Supp. 345 (E.D.N.C. 1984) (three-judge court). 



S 

APPENDIX C 



' • 
TABLE 1 

Date. of 
Election 

9/16/78 

3/3/79 

4/7/79 
(runoff) 

2/6/82 

3/20/82 
(runoff) 

6/18/83 

9/29/84 

11/6/84 
(runoff) 

2/1/86 

3/1/86 

10/24/87 

Correlation Coefficients and Regression Estimate3 
of Racial Divisions in the Votes for Black Candidates 

District Black 
(Parishes) Cand.  

Orleans Wilson 
Crim. Magistr. 

Orleans Ortique 
Civil H 

Orleans Ortique* 
Civil H 

Orleans Julien 
Criminal I Wilson 

Orleans Julien 
Criminal I 

Orleans Davis 
Civil D 

Orleans Dorsey 
Civil F 

Orleans 
Civil I 

Johnson* 

Orleans Douglas 
Criminal B 

Orleans Douglas 
Criminal B 

Orleans 
Civil F 

Correlation % of Blacks' % of Whites' 
Coefficient]. Votes 

.883 32.0 

.829 96.7 

.871 98.8 

.834 

.866 

.962 

' .865 

.686 

.858 

.887 

.959 

Magee . .930 
Wilkerson -.534 

Orleans Blanchard 
Criminal J 

Orleans Magee* 
Civil F 

4th Cir. Ct. Douglas 
App., Orleans 

41.02 
31.3 

88.1 

97.0 

51.6 

85.2 

Votes - 

2.0 

13.8 

13.0 

5.0 
3.2 

• 16.3 

6.6 

23.2 

30.1 

74.2 7.2 

88.3 10.9 

75.3 9.3 
21.8 34.6 

.855 74.7 15.0 

.953 92.3 12.8 

.672 54.0 22.2 

Indicates candidates who were elected. 

1 All correlation coefficients reflect a statistically significant 
relationship between the racial composition of precincts and the vote for 
the black candidate. 

2 The black candidate received a plurality of the votes cast by 
black voters. 



S 
TABLE 2 

Extreme Case Estimates of Racial Divisions 
in the Vote for Black Candidates 

Date of 
Election 

9/16/78 

3/3/79 

4/7/79 
(runoff) 

2/6/82 

3/20/82 
(runoff) 

6/18/83 

9/29/84 

11/6/84 
(runoff) 

2/1/86 

3/1/86 

10/24/87 

District 
(Parishes)  

Orleans 
Crim. Magistr. 

Orleans 
Civil H 

Orleans 
Civil H 

Black 
Cand. 

Wilson 

Ortique 

Ortique* 

Orleans Julien 
Criminal I Wilson 

Orleans 
Criminal I 

Orleans 
Civil D 

Orleans 
Civil F 

Orleans 
Civil I 

Orleans 
Criminal B 

Orleans 
Criminal B 

Orleans 
Civil F 

Orleans 
Criminal J 

Orleans 
Civil F 

4th Cir. Ct. 
App., Orleans 

Julien 

Davis 

Dorsey 

Johnson* 

Douglas 

Douglas 

Magee 
Wilkerson 

Blanchard 

Magee* 

Douglas 

% of Blacks' % of Whites' 
Votes Votes 

30.1 

89.2 

95.5 

39.7 
29.5 

86.2 

93.0 

51.4 

84.6 

71.9 

85.7 

72.8 
21.3 

73.5 

88.8 

50.9 

Indicates candidates who were elected. 

2.4 

15.2 

15.9 

5.9 
3.6 

18.2 

9.1 

23.3 

31.8 

7.4 

11.5 

9.8 
32.7 

16.1 

12.6 

20.8 



• 

Table. 3. 

Correlation Coefficients and Regression Estimates 
of Racial Divisions in the Vote for Black Candidates' 

Parish and Municipal-Level Courts 

Date of Black Correlation % of Blacks' % of Whites' 
Election Court Candidate Coefficient • Votes Votes 

9/16/78 Juvenile Court B, 
Orleans Parish • Douglas .911 57.1 3.0 

Young .799 23.8 1.7 

10/27/79 Juvenile Court E, 
Orleans Parish Young .933 64.7 4.5 

-First City Court C, • 
New Orleans Pharr .525 6.1 1.6 . 

12/8/79 
(Runoff) Juvenile Court E, 

Orleans Parish Young .863 79.5 25.3 . 

9/13/80 First City Court A, 
New Orleans Young .894 72.2 3.9 

11/4/80 
(Runoff) First City Court A, 

New Orleans Young_ .974 91.7 15.1 

.10/17/81-7 First City Court C, 
New prleans Thomas .823 93.5 16.8 - 

9/29/84 Juvenile Court A, 
Orleans Parish Gray .916 68.9 9.8 

Dannel .052 19.7 18.7 

Juvenile Court C, 
Orleans Parish Young .884 46.22 4.7 

11/6/84 
(Runoff) Juvenile Court A, 

Orleans Parish Gray* .961 95.7 16.2 

9/27/86 Juvenile Court D, 
Orleans Parish .Dannel .831 84.1 21.0 

Municipal Court, 
New Orleans McConduit .859 71,2 11.9 

11/4/86 Municipal Court, 
New Orleans McConduit* .898 84.4 26.5 

*Indicates candidates who were elected. 

1. All correlation coefficients reflect a St atistically significant relationship between the 
racial composition of precincts and the vote for the black candidate except that for Dannel in 
the 1984 Juvenile Court, Division A election in Orleans Parish. 

2. The black candidates received a plurality of the votes cast by black voters. 



Table 4• 

Extreme Case Estimates of 
Racial Divisions in the vote for Black Candidates 

Parish and Municipal-Level Courts 

Date of Black % of Blacks' % of Whites' 
Election Court Candidate Votes Votes 

9/16/78 Juvenile Court B, 
Orleans Parish Douglas 53.8 3.8 

Young 21.8 2.0 

10/27/79 Juvenile Court E, 
Orleans Parish Young 61.8 5.3 

First City Court C, 
New Orleans Pharr 5.6 1.6 

12/8/79 
(Runoff) Juvenile Court E, 

Orleans Parish Young 77.5 26.4 

9/13/80 First City Court. A, 
New Orleans Young 67.6 5.1 

11/4/80 
(Runoff) First City Court A, 

New Orleans Young 89.0 17.2 

10/17/81 First City Court C, 
New Orleans Thomas 86.6 17.9 

9/29/84 Juvenile Court A, 
Orleans Parish Gray 67.3 10.6 

Dannel 19.8 19.1 

Juvenile Court C, • 1 
Orleans Parish Young 44.8 4.6 

11/6/84 
(Runoff) Juvenile Court A, 

Orleans Parish Gray* 92.9 17.7 

9/27/86 Juvenile Court D, 
Orleans Parish Dannel 80.5 20.0 

Municipal Court, 

11/4/86 
New Orleans McConduit 67.2 11. 2 

- i 
(Runoff) Municipal Court, 

New Orleans McConduit* 81.7 27.5 

*Indicates candidates who were elected. 

1. The black candidates received a plurality of the votes cast by black voters. 



IN THE 
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

No. 87-3463 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, 
V. 

EDWIN EDWARDS, et al., 

Defendants-Appellees. 

AFFIDAVIT OF REVIUS 0. ORTIOUE, JR.  

STATE OF LOUISIANA ) 

PARISH OF ORLEANS ) 
SS: 

REVIUS O. ORTIQUE, JR., being duly sworn, deposes and says: 

1. I make this affidavit in support of appellants' Motion 

for an Injunction Pending Appeal or, in the Alternative, for 

Issuance of the Mandate. 

2. I am a black citizen of the United States and a 

resident of New Orleans, Louisiana. 

3. I am registered to vote in Orleans Parish, Louisiana. 

4. I was admitted to the bar of Louisiana in 1956. I am 

also admitted to practice in the United States Supreme Court, the 

United States Court of Appeals for the Fifth Circuit, and the 

United States District Court for the Eastern District of 

Louisiana. 



5. In 1979, I was selected by the Louisiana Supreme Court 

to serve as Judge Ad Hoc for the Civil District Court for Orleans 

Parish. Six months later, I was elected, in a city-wide 

election, to the position of Judge, Division H of the Civil 

District Court for Orleans Parish. In 1984, I was re-elected 

without opposition to a six-year term. The court on which I 

presently sit is the trial court of general jurisdiction in 

Orleans Parish. 

6. In my contested race, the vast bulk of my fifiAncial 

support, as well as the majority of the votes I received, came 

from the black community. 

7. I have seriously considered running for the Louisiana 

Supreme Court from the First Supreme Court District. I believe, 

however, that the current configuration of the district 

effectively prevents any black candidate from being successful. 

White voters outnumber black voters by a substantial margin due 

to the inclusion of the suburbs and Orleans Parish in one multi-

member district. Moreover, suburban white voters simply will 

not support a black candidate. Thus, under the present scheme, I 

will not run. Nor do I know of any other black candidate with a 

broad base of support in the black community who would undertake 

the clearly futile attempt to achieve election from the First 

Supreme Court District. 

8. I am deterred from running by the current configuration 

of the First Supreme Court District. If, however, a Supreme 

Court district were to be created that contained only Orleans 

2 



Parish, I would run. Such a district would offer the black 

community an excellent opportunity , to elect the candidate of its,. 

choice, because blacks constitute a majority of the registered 

voters in Orleans Parish. Indeed, I myself have already 

successfully sought election to a judicial position from an 

Orleans Parish jurisdiction. 

9. My substantial experience as a successful candidate for 

judicial elections within Orleans Parish and my knowledge of 

judicial election campaigns generally has shown me that 

fundraising by judicial candidates is heavily dependent on the 

perceptions of potential cofitributors regarding the likelihood of 

success. Thus, just as the present district configuration 

dampens campaign contributions to black candidates, an Orleans 

Parish-only district -would encourage such contributions. The 

same is true of political support and endorsements: now, such 

support or endorsements are rendered futile by the demographic 

characteristics of the First Supreme Court District, but in a 

racially fair plan, such support would be forthcoming for black 

candidates. 

10. An effective campaign for judicial office requires 

longer "lead time" than effective campaigns for many other 

offices. Based on my experience and personal knowledge, I think 

an effective campaign for the Supreme Court requires nine to 

eighteen months. This time is necessary to develop and obtain 

endorsements from organizations, elected officials, and the 

media; raise funds; and reach the public. Thus, if the upcoming 

3 



election were to go forward, it -would be impossible for a black 

candidate to mount, an effective campaign. 

11. My experience as a candidate for judicial office has 

shown me that incumbency is a tremendous advantage. Thus, in my 

opinion, allowing the election to go forward as scheduled and 

then scheduling a special election would disdvantage a black 

candidate who chose to contest a fairly districted seat at such a 

special election. 

Sworn to and Subscribed 
Before me this  4  day 
of May 1988 

Notary Public 

4 



IN THE 
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

No. 87-3463 

RONALD CHISOM, et al., 

Plaintiffs-Appellants, 
V. 

EDWIN EDWARDS, et al., 

Defendants-Appellees. 

AFFIDAVIT OF ISRAEL M. AUGUSTINE, JR.  

STATE OF LOUISIANA ) 

PARISH OF ORLEANS ) 

says: 

SS: 

ISRAEL M. AUGUSTINE, JR., being duly sworn, deposes and 

1. I make this affidavit in support of appellants' Motion 

for an Injunction Pending Appeal or, in the Alternative, for 

Issuance of the Mandate. 

2. I am a black citizen of the United States and a 

lifelong resident of New Orleans, Louisiana. 

3. I am registered to vote in Orleans Parish, Louisiana. 

4. I was admitted to the bar in 1952. 

5. In 1969, I was appointed a judge of the Criminal 

Distict Court for Orleans Parish. 

6. In 1970, I successfully sought reelection, as an 



incumbent, to that position. I continued to serve as a judge on 

the Criminal District Court until 1981. - - 

7. In running for reelection, it was necessary for me to 

raise significant campaign contributions. Moreover, due to the 

refusal of 'a significant number of white voters to support any 

black candidates, I was able to win solely because I was seeking 

election from a district which was predominantly black. 

8. In 1981, I was elected to the Fourth Circuit Court of 

Appeal, on which I served until my voluntary retirement in 1984. 

Again, it was necessary for me to raise substantial campaign 

funds. Again, I believe I was able to win solely because the 

district in which I ran was predominantly black. 

9. In both of my contested races, I received most of my 

financial and political support from the black community. 

10. Based on my substantial experience as a successful 

candidate for judicial elections within Orleans Parish and my 

knowledge of voting patterns in Orleans Parish and its 

surrounding suburbs, I do not believe that a black.candidate has 

any chance of winning election from the First Supreme Court 

District as it is now constituted. Moreover, I believe that the 

virtually impossibility of success prevents black candidates from 

attracting the kind of financial support and political backing 

necessary for running a serious campaign. 

11. On the other hand, I believe a black candidate would 

stand an excellent chance of being elected to the Supreme Court 

from a district entirely within Orleans Parish if that candidate 

2 



_ 

• 
was the choice of the black community. And the possibility of 

success would both attract highly qualified candidates to run and. 

galvanize financial and political support behind such a 

candidate. 

• 12. Based on my experience as a candidate for judicial 

office and my general knowledge of campaign logistics in Orleans 

Parish, I do not think, however, that such a campaign can be 

mounted in time to contest seriously the seat now scheduled to be 

filled in the October 1, 1988, election. More time would be 

• needed to do the financial and political groundwork necessary for 

a viable campaign. 

13. Finally, I believe that providing black voters with an 

equal opportunity to elect the candidate of their choice to the 

Supreme Court would serve two critical interests.- First, it 

would reinforce public confidence in the commitment of the Court 

to provide equal justice for all citizens. Second, it would send 

a powerful message to all citizens, particularly minority youths, 

that they can participate effectively in every aspect of the 

electoral system and can aspire to service in every governmenta 

position. 

Sworn to and Subvribed 
Before me this  at  day 
of May 1988 

7Y2a.t,e, 77'7 

3 

c 

, 



Notary Public 

4 



A -.- 60.4 

United States of America 
State of Louisiana 
Parish of Orleans 

AFFIDAVIT 

BEFORE ME, personally came and appeared: 

PAUL R, VALTEAU, JR. 

who, after being by me first duly sworn, did depose and say: 

I am a lifelong resident of New Orleans, Louisiana. I attended 

Dillard University in pursuit of my undergraduate degree and did 

graduate In 1969. Subsequently I enrolled at the Loyola University 

School of Law and received my Juris Doctor in 1972. 

In 1982 I sought the office of Civil Sheriff for the Parish of 

Orleans and was successful. However, this was not my earliest, nor 

only experience with the election process in this part of our state. 

I am convinced that the only place that a Black candidate 

has a "fair opportunity" to be elected to public office is in Orleans 

Parish. I say only "fair" opportunity because I know that it Is very 

difficult for a candidate who happens to be Black• to raise money and 

to secure a broad base of support, even in this parish. 

I further declare that it Is virtually impossible to elect a 

Black person who is required to seek office from a multi-parish district. 



I am advised that a bill has been introduced in the current 

session of the Louisiana Legislature which, would create a separate 

Orleans Parish Supreme Court District. 

In view of all of the above, I respectfully urge the Court 

to enjoin the upcoming Supreme Court election until this Court can act 

or our Louisiana Legislature has acted in keeping with current federal 

jurisprudence. 

C2 
AUL R. VA 

SWORN TO AND SUBSCRIBED BEFORE ME 

THIS 26TH DAY OF APRIL, 1988. 

TAR 'PUBLIC