Lawrence County Defendants' Notice of Proposed Schedule for Complying with Preliminary Injunction

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

NORTHERN DIVISION 

JOHN DILLARD, et al., 

Plaintiffs, 

Vv, CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et al., 

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Defendants. 

LAWRENCE COUNTY DEFENDANTS' NOTICE OF PROPOSED 
SCHEDULE FOR COMPLYING WITH PRELIMINARY INJUNCTION 
  

In accordance with the Court's order and injunction dated 

May 28, 1986, which required the Lawrence County Defendants "to 

submit to the Court within 21 days . . . their time schedules 

for the development, approval, and implementation by January 1, 

1987, of new commission election plans that comply with Section 

2 of the Voting Rights Act of 1965 . . .", said Defendants 

submit the following proposed schedule: 

1. Not later than August 15, 1986 (and earlier if possi- 

ble), these Defendants shall have developed and submitted to 

the Court and opposing counsel a proposed single-member dist- 

rict Commission plan, along with appropriate descriptive mater- 

ial such as maps and population figures, by race. Contemporan- 

eously, these Defendants shall submit their proposed plan to 

the Attorney General of the United States for preclearance, 

with a request for expedited consideration, pursuant to the 

provisions of 42 U.S.C. §1973(c), Section 5 of the Voting 

 



  

Rights Act of 1965. It is the understanding of these Defen- 

dants that the Attorney General may, but does not have the 

obligation to, review such a plan submitted by an agency that 

is without the state law authority to adopt such a plan. 

2. Consistent with these Defendants' letter to the Court 

dated June 11, 1986, it is currently contemplated that the 

proposed plan will include a Commission Chairman (or County 

Executive) elected at-large. Further, the plan may include 

provisions (not yet developed) for phasing in the plan over a 

reasonable time period, with the possibility of incumbents 

remaining in office during all or a portion of their unexpired 

terms. It is the view of these Defendants that, under the 

circumstances of this case (particularly the time constraints), 

it would not necessarily be appropriate for this Court to with- 

hold its review of the plan pending Section 5 review, although 

such a procedure might be appropriate in other circumstances. 

3. Assuming the plan submitted by these Defendants is 

approved by the Court and, if reviewed by the Attorney General, 

approved under Section 5, it is proposed that the details of 

the plan be adequately publicized to advise the citizens of 

Lawrence County of the change in the form of government and the 

special election to be held under the plan. 

4. The special election will be held under the new plan 

at some appropriate date in late 1986 (probably December), on a 

date to be selected taking into account various factors such as 

 



  

polling place availability, the desire to maximize voter parti- 

cipation, the desire to avoid unnecessary conflict with holiday 

season activities, and the like. 

It should be recognized that there are many factors which 

could affect this proposed schedule and which are largely not 

within the control of the Lawrence County Defendants. This 

schedule does, however, represent what these Defendants, after 

consultation with their counsel and consultants, believe to be 

a reasonable schedule for compliance with the preliminary 

injunction. 

Respectfully submitted, 

AK Thabo og 
D. L. Martin 
  

  

215 South Main Street 
Moulton, Alabama 35650 

(205) 974-9200 

viel 7 Bnle— 
David R. Boyd 

Attorneys for Bey dant. 
Lawrence County, Alabama, 
Larry Smith and Dan Ligon 

  

BALCH & BINGHAM 

P. DO. Box 78 

Montgomery, Alabama 36101 
(205) 834-6500 

 



CERTIFICATE OF SERVICE 

  

  

I hereby certify that I have served the foregoing Lawrence 

County Defendants' Notice of Proposed Schedule For Complying 

With Preliminary Injunction, upon all counsel of record listed 

below by placing copies of same in the United States Mail, 

properly addressed and postage paid this is day of June, 

1986. 

  

Sem Ep 
OF COUNSEL 

 



  

Larry T. Menefee, Esq. 
James U. Blacksher, Esq. 
Wanda J. Cochran, Esq. 

Blacksher, Menefee & Stein 
405 Van Antwerp Building 
P. 0. Box 1051 
Mobile, Alabama 36633 

Terry G. Davis, Esq. 
Seay & Davis 
732 Carter Hill Road 
P. O. ‘Box 6125 
Montgomery, Alabama 36106 

Deborah Fins, Esq. 
Julius L. Chambers, Esq. 
NAACP Legal Defense Fund 
1900 Hudson Street 
16th Floor 
New York, New York 10013 

Jack Floyd, Esq. 
Floyd, Kenner & Cusimano 
816 Chestnut Street 

Gadsden, Alabama 35999 

H. R. Burnham, Esq. 
Burnham, Klinefelter, Halsey, 
Jones & Cater 

401 SouthTrust Bank Building 
P. O. Box 1618 
Anniston, Alabama 36202 

Warren Rowe, Esq. 
Rowe & Sawyer 
P. O. Box 150 
Enterprise, Alabama 36331 

Reo Kirkland, Jr., Esq. 

P. O. Box 646 

James W. Webb, Esq. 
Webb, Crumpton, McGregor, 

Schmaeling & Wilson 
166 Commerce Street 
P. O. Box 238 
Montgomery, Alabama 36101 

Lee Otts, Esq. 

Otts & Moore 

P., OO. Box 467 
Brewton, Alabama 36427 

W. O. Rirk, Jr., Bsqg. 

Curry & Kirk 
Phoenix Avenue 
Carrollton, Alabama 35447 

Barry D. Vaughn, Esq. 
Proctor & Vaughn 
121 N. Norton Avenue 
Sylacauga, Alabama 35150 

Alton Turner, Esq. 
Turner & Jones 

P. O Box 207 
Luverne, Alabama 36049 

D. L. Martin, Esq. 
215 S. Main Street 

Moulton, Alabama 35650 

Edward Still, Esq. 
714 South 29th Street 

Brewton, Alabama 36427 Birmingham, Alabama 35233-2810