Affidavit of Israel M. Augustine; of Revius O. Ortique, Jr.; of Silas Lee, III

    5//A19-

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 

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I . I 
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 government4\ 

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position. 

Sworn to andiSub2fribed 
Before me this   day. 
of May 198$ 

.2X-26r.w  

3 



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 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 financial 

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 

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4' 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 contributors 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 



• 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  Al  day 
of May 1988 

Notary Public 



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 SILAS LEE. III  

STATE OF LOUISIANA ) 

PARISH OF ORLEANS ) 
SS: 

SILAS LEE, III, being duly sworn, deposes and says: 

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

for a Preliminary Injunction or, in the Alternative, for Issuance 

of the Mandate. 

2. I am president of Silas Lee and Associates, a public 

opinion, research and consulting firm in New Orleans, Louisiana, 

and Richmond Virginia. Silas Lee and Associates engages in 

consulting for numerous businesses, retail and fast food 

corporations, government agencies, broadcasting stations, 

newspapers, politicians, and banks. It also publishes numerous 

studies, polls, and commentaries, which have appeared in the New 

Orleans Times-Picayune, USA Today, the Louisiana Weekly, the 



• Nevada Journa U.S. News and World Report, Ebony, and CBS 

Evening News, among others. 

3. I am a sociology instruction in the Loyola University 

Upward Board Program and a member of the National Association of 

Political Consultants. I have been served as an expert on the 

social and economic status of blacks in America and on public 

opinion research in connection with judicial proceedings. 

4. The demographic character of the New Orleans 

metropolitan area means that a district that includes both the 

city and suburban parishes submerges the city's predominantly 

black electorate within a larger group of white voters. The 

racial breakdown of voters within the four-parish area as of 

March 31, 1987, according to the Louisiana Elections 

Commissioner, is as follows: 

Parish Total White Black % Black Voters 

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 

Thus, although the black community in New Orleans has an 

excellent opportunity to elect the candidate it prefers in an 

Orleans Parish-only contest, the black community forms only one-

third of the electorate in a four-parish race. The prevalence of 

racial bloc voting, and the overwhelming refusal of white 

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suburban voters to support black candidates makes it virtually 

impossible for a black candidate to win in the present First 

Supreme Court District. 

5. Judicial contests have traditionally involved expensive 

campaigns. A successful campaign within Orleans Parish alone may 

cost more than $100,000. In addition, judicial races 

traditionally have been low visibility races without tremendous 

voter interest. 

6. In contrast to white candidates, most black candidates 

lack the personal financial resources to underwrite a 

significant portion of their campaign. 

7. In my opinion as a political consultant, I believe that 

the chance that a black candidate could win a seat on the 

Louisiana Supreme Court from the First Judicial District in its 

present form is nonexistent. 

8. It would be possible, however, for a black candidate to 

win election from a district containing only Orleans Parish. 

Black candidates have consistently achieved election to Parish-

wide office within Orleans Parish. This reasonable chance of 

success would make fundraising and attracting media exposure and 

support substantially easier. 

9. The logistics of a judicial race require that a 

candidate begin the planning process long before the actual 

election. In my opinion, a black candidate would not be able to 

compete effectively for a Supreme Court seat unless he made the 

decision to run at least six months prior to the election date. 

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• 
10. I therefore believe that the scheduled election for a 

seat from the First Supreme Court District should be enjoined 

because, even if the district were to be redrawn later this 

spring to include only Orleans Parish, it would be difficult, if 

not impossible, for a black candidate to mobilize financial and 

political support in the short time remaining before the October 

1, 1988, election. 

Sworn to and Subs tbed 
Before me this  -i/v  day 
of May 1988. 

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