Joint Motion to Amend Consent Judgment

    RICHARD P. iEYOUB 
ATTORNEY GENERAL 

tat uf Pruisiarta 
DEPARTMENT OF JUSTICE 

paten gouge 

70804-9005 

December 17, 1999 

Hon. Loretta G. Whyte 
Clerk of Court 
U.S. District Court, Eastern District 
500 Camp Street 
New Orleans, LA 70130 

Dear Ms. Whyte: 

ifWINEC 2 7 1999 

P.O. Box 94005 
TEL: (504) 342-7013 
FAX: (504) 342-7335 

RE: Ronald Chisom, et al, and 
United States v. Edwin W. 
Edwards, et at., and 
Pascal F. Calogero, et at. 
(Civil No. 86-4075 "A", 
United States District 
Court, Eastern District of 
Louisiana) 

Enclosed for filing please find the original and copy of the Joint Motion to Amend 
Consent Judgment, Order and Attachments of all of the parties to the above 
referenced matter. 

I enclose an additional copy which I ask that you stamp with date of receipt in 
your office and return to me in the enclosed, self-addressed, stamped envelope. 

The usual courtesies and cooperation of your office in this matter are sincerely 
appreciated. 

RPI/ARL;cwr 
Enclosures 
Cc: all counsel of record 

Yours very truly, 

RICHARD P. IEYOUB 
ATTORNEY GENERAL 

9 
AN IRO S LAPLACE 
Assis nt Attorney General 



IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

RONALD CHISOM, et al., 
Plaintiffs, 

UNITED STATES OF AMERICA, 

Plaintiff-intervenor, 

V. 

EDWIN W. EDWARDS, et al., 

Defendants, 

PASCAL F. CALOGERO, JR., et al. 

Intervenors. 

CIVIL ACTION NO. 
86-4075 

Section A 

JOINT MOTION TO AMEND  
CONSENT JUDGMENT  

NOW INTO COURT, through undersigned counsel, come RONALD CHISOM, 

et al., Plaintiffs, the UNITED STATES OF AMERICA, Plaintiff-intervenor, M.J. 

"MIKE" FOSTER, JR., Governor of the State of Louisiana, et.al., Defendants 

[substituted for former Governor, Edwin W. Edwards], and PASCAL F. CALOGERO, 

JR., et al, Intervenors, who move this Court for an Order to Amend the Consent Judgment 

of August 21, 1992, as follows: 



1. 

On August 21, 1992, the parties to this matter effected a settlement of the issues 

raised by the complaint and consented to the entry of a Consent Judgment in Civil Action 

No. 86-4075, Chisom, et al. v. Edwards, et al. [Exhibit A]. 

2. 

Paragraph (C)(8) of the Consent Judgment reads: 

8. Legislation will be enacted in the 1998 regular session of the 
Louisiana Legislature which provides for the reapportionment of the seven 
districts of the Louisiana Supreme Court in a manner that complies with 
the applicable federal voting law, taking into account the most recent 
census data available. The reapportionment will provide for a single-
member district that is majority black in voting age population that 
includes Orleans Parish in its entirety. The reapportionment shall be 
effective on January 1, 2000, and future Supreme Court elections after the 
effective date shall take place in the newly reapportioned districts. 

3. 

Amendment of LSA-Const. Art. III, § 2 (1974), providing for regular sessions 

convening in even-numbered years to be restricted to the consideration of legislation 

which provides for fiscal matters, forced the legislature to reapportion the Louisiana 

Supreme Court in 1997, rather than 1998. 

4. 

Louisiana Acts 1997, No. 776 amends R.S. 13:101, 101.1 and 312.4(D), to 

redistrict the Supreme Court. [Exhibit 13]. Section 4 provides for the act to become 

effective on January 1, 1999. Orleans Parish was split between District 1 and District 7 in 

Act 776 (1997), which is not in strict conformity with the Consent Judgment, but which 

meets the intent of all parties to this litigation for final resolution of the matter. 

2 



S 

5. 

The Louisiana Attorney General's office, on behalf of the State, submitted Act 

776 (1997) to the United States Attorney General for approval under Section 5 of the 

Voting Rights Act. This approval, dated October 17, 1997, was conditioned upon the 

modification of the' Consent Judgment. [Exhibit C]. 

6. 

All parties to this matter agree to modify the Consent Judgment so that it reflects 

the intent of the parties to accept Act 776 (1997) as an addendum to the Consent 

Judgment, and present an Order for the court's approval. 

WHEREFORE, on joint motion herein, all parties pray for an Order allowing the 

Consent Judgment of August 21, 1992 to be amended to adopt Act 776 (1997) as an 

addendum to the Consent Judgment, and for the court's approval of same. 

Respectfully submitted: 

RICHARD P. IEYOUB 
ATTORNEY GENERAL 

ROY& MON UE, JR., 9549 
ANGIE ROGERS LAPLACE, 19669 
Assistant Attorneys General 
P. 0. Box 94005 
Baton Rouge, LA 70804-9005 
Telephone: (225) 342-1111 
Fax: (225) 342-2090 

3 



S 

P. Quigley 
la University SOool o Law 

  7214 St. Charles Averfue 
New Orleans, LA 70118 
(504) 861-5590 

Elaine R. Jones 
Director-Counsel 

Norman J. Chachkin 
Charles Stephen Ralston 
Victor A. Bolden 
Jacqueline A. Berrien 
NAACP Legal Defense & Educational Fund, Inc. 
99 Hudson Street 
Suite 1600 
New York, New York 10013 
(212) 219-1900 

Ronald L. Wilson 
837 Gravier Street 
New Orleans, LA 70113 
(504) 586-1241 

Attorneys for Ronald Chisom et al. 



• • 

Anita Hodgkiss 
Deputy Assistant Attorney General 
Joseph D. Rich 
ROBERT A. KENGLE 
Attorneys, Voting Section 
Civil Rights Division 
United States Department of Justice 
P. 0. Box 66128 
Washington, D.C. 20035-6128 
(202) 514-6196 

Counsel for Plaintiff-Intervenor-Appellant 
United States of Amer a)1 

( 

M. J "MIKE" FOSTER, J 
Governor of Louisiana 
P. 0. Box 94004 
Baton Rouge, Louisiana 70804-9004 
(225) 342-0955 

CHEN PH, JR. 
Executiv ounsel 
Honorable M. J. "Mike" Fost 
Governor of Louisiana 
Office of the Governor 
P. 0. Box 94004 
Baton Rouge, LA 70804-9004 
(225) 342-0955 

ALLEN KANER 
Allan Kaner & Associates 
701 Camp Street 
New Orleans, LA 70163 
(504) 582-2320 

Counsel for Intervenor 
Honorable Pascal F. Calogero, Jr. 
Chief Justice, Supreme Court of Louisiana 

5 



PETER J. BU LEk, SR. 
909 Poydras Street, Suite 1500 
New Orleans, Louisiana 70112 
(504) 584-5454 
Counsel for Intervenor 
onorabl Walter F. Marcus 
ssociate Wstic Su ourt of Louisiana 

. FOX MCKEITHEN 
in his Ministerial Capacity as 
Secretary of State 

1/1 

Y FOWLER 
94 his Ministerial Capacity as 
Commissioner of Elections 

6 



• 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

RONALD CHISOM, et al., 
Plaintiffs, 

UNITED STATES OF AMERICA, 

Plaintiff-intervenor, 

V. 

EDWIN W. EDWARDS, et al., 

Defendants, 

PASCAL F. CALOGERO, JR., et al. 

Intervenors. 

ORDER 

CIVIL ACTION NO. 
86-4075 

Section A 

Considering the consent of all parties herein to amend the Consent Judgment of 

August 21, 1992 to reflect the intent of the parties to accept Louisiana Acts 1997, No. 776 

as compliance with the mandates of said consent judgment; 

IT IS HEREBY ORDERED that Louisiana Acts 1997, No. 776 be and is hereby 

added as an addendum to the Consent Judgment in Civil Action No. 86-4075, Chisom, et 

al. v. Edwards, et al. 

Thus approved this day of , 1999. 

UNITED STATES DISTRICT JUDGE 



• 
CERTIFICATE OF SERVICE 

I certify that a copy of the foregoing has been served upon all counsel of record, 

as follows: 

Mr. William P. Quigley 
16 Wren Street 
New Orleans, Louisiana 70124 

Mr. Cheney Joseph 
Executive Counsel 
Office of the Governor 
Post Office Box 94004 
Baton Rouge, Louisiana 70804-9004 

Mr. Peter J. Butler, Sr. 
909 Poydras Street, Suite 1500 
New Orleans, Louisiana 70112 

Ms. Donna M. Murphy 
United States Department of Justice 
Civil Rights Division 
Post Office Box 66128 
Washington, D.C. 20035-6128 

Ms. Celia Cangelosi 
Post Office Box 3036 
Baton Rouge, Louisiana 70821-3036 

Mr. Allen Kaner 
Allan Kaner & Associates 
701 Camp Street 
New Orleans, LA 70163 

Ms. Sheri Morris 
Office of the Secretary of State 

. Post Office Box 94125 
Baton Rouge, Louisiana 70804-9125 

by first class United States mail, properly addressed and postage prepaid on this Lt day of 

)-tA  , 1999. 



p• 2 Apr 99 02: 11p4111 

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Am 11 I za f iSZ 

L 'rL ; . .-, • 

EXHIBIT 

1 

50456E355150 

IN THE UNITED STATES DISTRICT COURT - 

FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

RONALD CHISOM, et al., ) 
) 

Plaintiffs, ) 
) 

UNITED STATES OF AMERICA, ) 
) 

Plaintiff-intervenor, ) 
) 

v. ) 
) 

EDWIN W. EDWARDS, sI ) 
) 

Defendants, ) 
) 

PASCAL F. CALOGERO, JR., et al. ) 
) 

Intervenors. ) 
 ) 

Civil Action No. 
86-4075 

Section A 

CONSENT JUDGMENT 

The current apportionment of the Louisiana Supreme Court is 

governed by La. Const. Art. V, Section 4 and La. Rev. Stat. 

Section 13:101. Under Section 13:101, Orleans Parish is 

contained within the multimember First Supreme Court district 

along with Jefferson, Plaquemines, and St. Bernard Parishes. 

The Chisom plaintiffs and the United States claim that the 

multimember district system for electing justices of the 

Louisiana Supreme Court in the First Supreme Court District 

[first district] dilutes black voting strength in violation of 

Section 2 of the Voting Rights Act of 1965 as amended, 42 U.S.C. 

1973 [Section 2], because black citizens have less opportunity 

than other members of the electorate to participate in the 

political process and elect justices of their choice.- June • 

AUG 21 7992 
DATE OF ENTRY____T•t---. 

• - • / Al • • 



.19pr 15 99 02: 1 5045685515111 p.3 

1992, the Louisiana Legislature passed and the Governor signed 

Act No. 512 (S.B. 1255) (1992), which provides, inter AliA, for a 

change in the method of electing the Louisiana Supreme Court; for 

the assignment of the judge elected to the newly-created position 

from the first district (Orleans Parish) of the Fourth Circuit 

Court of Appeal to the Louisiana Supreme Court; and for the 

assigned judge to participate and share equally in the cases and 

duties of the justices of the Supreme Court during this period of 

assignment. The Chisom plaintiffs and the United States contend 

that the provisions contained in Act No. 512 (1992) and in this 

Consent Judgment are necessary to bring the system for electing 

the Louisiana Supreme Court into compliance with Section 2. 

While the defendants do not agree with this contention and only 

enter into this compromise agreement to resolve extensive and 

costly litigation, they believe that the relief contained in this 

consent judgment will ensure that the system for electing the 

Louisiana Supreme Court is in compliance with Section 2 of the 

Voting Rights Act. 

Accordingly, the parties to this litigation desire to effect 

a settlement of the issues raised by the complaint and subsequent 

proceedings without the necessity of further litigation, and 

therefore consent to entry of the following final and binding 

judgment as diapositive of all issues raised in this case: 

2 



Apr 1,5 99 02: 1 1p • 5045685515 0 p.4 

"IN.6 

It is hereby ORDERED, ADJUDGED, & DECREED: 

A. The Court has jurisdiction over the parties and claims 

in the complaint, under 28 U.S.C. 1331, 1343(3), and 1343(4). 

B. The relief contained in this consent judgment will 

ensure that the system for electing the Louisiana Supreme Court 

is in compliance with Section 2 of the Voting Rights Act. 

C. Consistent with Louisiana Act No. 512 (1992) and the 

remedial objectives of the Voting Rights Act, the defendants 

shall take the following actions: 

1. There shall be a Supreme Court district comprised 

solely of Orleans Parish, for the purpose of electing a 

Supreme Court justice from that district when and if a 

vacancy occurs in the present First Supreme Court District 

prior to January 1, 2000. 

2. There shall be one new Fourth Circuit Court of 

Appeal judicial position. This additional judge shall be 

elected from the first district of the Fourth Circuit, which 

is comprised of Orleans Parish. The initial election to 

fill this position will be held on the congressional primary 

election date of October 3, 1992, and, if necessary, a 

runoff election shall be held on November 3, 1992. The 

candidate filing period for this election shall be set by 

the Governor of Louisiana. The term of office shall 

commence on January 1, 1993. The Louisiana Supreme Court 

shall assign the judge elected to fill this new position 

3 



.19pr 15 99 02:12p411 5045685515 p.5 

immediately to the Louisiana Supreme Court pursuant to its 

authority under La. Const. Art. V, Section 5(A). 

3. The Fourth Circuit Court of Appeal judge assigned 

to serve on the Supreme Court shall receive the same 

compensation, benefits, expenses, and emoluments of offices 

as now or hereafter are provided by law for a justice of the 

Louisiana Supreme Court. 

4. The Fourth Circuit Court of Appeal judge assigned 

to serve on the Supreme Court shall participate and share 

equally in the cases, duties, and powers of the Louisiana 

Supreme Court. Specifically, the assigned judge and the 

seven Supreme Court justices shall be assigned on a rotating 

basis to panels of seven judges, and the Court's cases shall 

be assigned randomly to the seven-judge panels for decision. 

The assigned judge and the seven Supreme Court justices 

shall participate fully and share equally in all other 

duties and powers of the Supreme Court, including, but not 

limited to, those powers set forth by the Louisiana 

Constitution, the laws of Louisiana, and the Louisiana Rules 

of Court. 

5. The additional judicial position for the Fourth 

Circuit Court of Appeal described in paragraphs C.2.-C.4, of 

this Consent Judgment shall expire automatically on the date 

that a justice takes office subsequent to being elected in 

any election called from a Supreme Court district composed 

4 



Apr J5 99 02:12p. 50456855150 P• 6 

.1. 

of Orleans Parish in accordance with paragraphs C.1. and 

C.7. of this Consent Judgment. 

6. /f the additional judicial position for the Fourth 

Circuit Court of Appeal described in paragraphs C.2.-C.4. of 

this Consent Judgment becomes vacant for any reasons prior 

to the expiration of that seat in accordance with paragraph 

C.5. of this judgment, the Governor shall call a special 

election to fill that position so that the special election 

coincides with the next regularly scheduled presidential, 

gubernatorial, congressional, New Orleans mayoral, state 

legislative, New Orleans city council, or Orleans Parish 

school board election that occurs within 12 months following 

the date on which the vacancy occurs, provided that there 

shall be a minimum of 60 days between the call of the 

election and the election date. The Louisiana Supreme Court 

shall assign the judge elected to fill a vacancy in this 

judicial position immediately to the Louisiana Supreme Court 

pursuant to its authority under La. Const. Art. V, Section 

5(A), and the provisions of paragraphs C.3.-C.5. of this 

Consent Judgment shall govern the judge's tenure on the 

Louisiana Supreme Court. 

7. If a vacancy occurs in the presently existing 

First Supreme Court District for any reason prior to January 

1, 2000, the vacant first district Supreme Court position 

shall be assigned immediately to the Supreme Court district 

described in paragraph C.1. of this Consent Judgment that is 



Apr.. 15 99 02: 1210 50456E35515111 p• 7 

bob 

composed solely of Orleans Parish. The Governor shall call 

a special election to fill the vacant position to coincide 

with the next regularly scheduled presidential, 

gubernatorial, congressional, New Orleans mayoral, state 

legislative, New Orleans city council, or Orleans Parish 

school board election that occurs within 12 months following 

the date on which the vacancy occurs, provided that there 

shall be a minimum of 60 days between the call of the 

election and the election date. 

8. Legislation will be enacted in the 1998 regular 

session of the Louisiana Legislature which provides for the 

reapportionment of the seven districts of the Louisiana 

Supreme Court in a manner that complies with the applicable 

federal voting law, taking into account the most recent 

census data available. The reapportionment will provide for 

a single-member district that is majority black in voting 

age population that includes Orleans Parish in its entirety. 

The reapportionment shall be effective on January 1, 2000, 

and future Supreme Court elections after the effective date 

shall take place in the newly reapportioned districts. 

D. The State of Louisiana agrees to seek preclearance from 

the Attorney General, pursuant to Section 5 of the Voting Rights 

Act of 1965, 42 U.S.C. 1973c, in a timely manner for all changes 

affecting voting covered by Section 5 that are necessary to 

effectuate a full remedy and comply with this consent judgment. 

6 



Ppr. 1'5 99 02:12p • 5045685515 P • 8 

z 

E. Defendants agree that, in order to comply with the 

Voting Rights Act, and in order to ensure black voters in the 

Parish of Orleans have an equal opportunity to participate in the 

political process and to elect candidates of their choice, the 

Chisom -plaintiffs and the United States are to be considered the 

prevailing parties in this litigation. However, attorneys fees 

and costs of litigation shall not be awarded in this matter 

against parties who have intervened at any point in the 

litigation. 

F. This judgment is a restructuring of the Supreme Court 

of Louisiana by federal court order within the meaning of Act No. 

1063 of 1991 (R.S. 11:558(A)(5)), and the benefits of R.S. 

11:558(A)(5)(a)(ii) shall be available to the current members of 

the Court. 

G. The Chisom plaintiffs' constitutional claims under the 

Fourteenth and Fifteenth Amendments, as well as their statutory 

claim alleging that the present electoral system violates Section 

2 because it was intentionally enacted or maintained for 

discriminatory reasons, are hereby dismissed with prejudice. 

H. This consent judgment constitutes a final judgment of 

all claims raised in this action by the Chisom plaintiffs and the 

United States, and is binding on all parties and their successors 

in office. 

I. This consent judgment shall not take effect unless and 

until all changes affecting voting contained in Act No. 512 

7 



Apr. 15 99 02:13p. 5045685515 0 p.9 

(1992) receive the requisite preclearance, pursuant to Section 5 

of the Voting Rights Act. 

J. The parties agree to take all steps necessary to 

effectuate this decree. 

K. The Court shall retain jurisdiction over this case until 

the complete implementation of the final remedy has been 

accomplished. 

day o 

This Consent Judgment is approved and entered thisPil 

1992. 

UNITED STATES DISTRI 



1 

UNITED STATES DISTRICT COURT_ j'61 
FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION i 

RONALD CHISOM, et al., 

Plaintiffs, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor, 

vs. 

CHARLES E ROEMER, et al., 

• 
Defendants. 

Civil Action 
No. 86-4075-A 

CONSENT JUDGMENT 

; 33 

On August 21, 1992, this Court entered an Order approving the Consent Judgment 

settling the matters at issue in this action. This Court retained jurisdiction until 

4 implementation of the final remedy set forth in that judgnent. 

In August 21st judgment, the plaintiffs and the United States were designated 

prevailing parties in this litigation. As Chisom prevailing parties, the Chisom plaintiffs are 

entitled to attorneys' fees. The parties have now settled the attorneys' fees, and the Chisom 

plaintiffs, by their undersigned attorneys, have executed a release of all claims to fees for all 

time reasonably expended in this litigation. Thus, all plaintiffs entitled to attorneys' fees in 

this matter have no further claim to any fees, costs or expenses. 

'-
This Consent Judgment is approved and entered this day of _11,11_01993. 

; 

z 
UNITED STATES DISTRICT JUDGE 

DATE OF ENTRY 41 V 



• 
Act 776 

ACT No. 776 

HOUSE BILL NO. 581 
BY REPRESENTATIVES BRUNEAU, COPELIN, HUNTER, AND 
MURRAY AND SENATOR DARDENNE 

AN ACT 
To amend and reenact RS. 13:101, 101.1, and 312.4(D), relative to the 

supreme court; to provide relative to redistricting the six supreme 
court districts into seven single member districts; to provide for the 
terms and assignment of the justices presently serving; to provide 
for the filling of vacancies; to remove provisions for a specific reap-
portionment of the supreme court; to provide with respect to the 
provisions for a temporary additional judgeship for the Court of 
Appeal for the Fourth Circuit and such judge's appointment to the 
supreme court; to provide for the term of office and compensation 
of such temporary judgeship; and to provide for related matters. 

Be it enacted by the Legislature of Louisiana: 
Section 1. RS: 13:101, 101.1, and 312.4(D) are hereby amended and 

reenacted to read as follows: 
§101. Supreme court districts; justices 
The state shall be divided into seven supreme court districts. The 

supreme court shall be composed of one justice elected from each of 
the seven districts as set forth below: 

District 1 is composed of Precincts 1-H, 2-H, 3-H, 4-H, 5-H, 6-H, 7-H, 
8-H, 9-H, 1-K, 2-K 3-K, 4-K, 5-K, 6-K, 7-K, 8-K, 9-K, 10-K 11-K 12-K, 
13-KA, 13-KB,14-K, 15-K, 16-K, 17-K, 18-K, 19-K, 20-K, 21-K, 22-K, 23-K, 
24-K, 25-K 26-K, 27-K, 28-K, 29-K, 30-K, 31-K, 32-K, 33-K, 34-K, 35-K, 1, 
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 
24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 
44, 45, 46, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 
68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 
88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 
106, 107, 108, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 
127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 150, 151, 152, 
153, 154, 155, 157A, 157B, 158, 170, 186, 198, and 199 of Jefferson 
Parish; Precincts 3-20, 4-8, 4-9, 4-10, 4-10A, 4-11, 4-14, 4-14A, 4-15, 4-16, 
4-16A, 4-17, 4-17A, 4-18, 4-18A, 4-19, 4-20, 4-20A, 4-21, 4-21A, 4-22, 4-23, 
5-13, 5-14, 5-15, 5-16, 5-17, 5-18, 17-17, 17-18, 17-18A, 17-18B, 17-19, 
17-19A, 17-20, and 17-21 of Orleans Parish; St Helena Parish; St 
Tammany Parish; Tangipahoa Parish; and Washington Parish. 

District 2 is composed of Allen Parish; Beauregard Parish; Bossier 
Parish; Caddo Parish; DeSoto Parish; Evangeline Parish; 
Natchitoches Parish; Red River Parish; Sabine Parish; Vernon Parish; 

1265 



• • 
Act 776 

9-43G, 943H, 9431, 943J, 943K, 9-434 943M, 9-43N, 9-44, 9-44A, 
9-44B, 9-44D, 9-44E, 9-44F, 9-44G, 9441, 9-44J, 9-444 9-44M, 9-44N, 
9-440, 9-44P, 9-44Q, 9-45, 9-45A, 10-3, 10-5, 10-6, 10-7, 10-8, 10-9, 10-11, 
10-12, 10-13, 10-14, 11-2, 11-3, 114, 11-5, 11-8, 11-9, 11-10, 11-11, 11-12, 
11-13, 11-14, 11-15, 11-16, 11-17, 11-18, 11-19, 12-1, 12-2, 12-3, 12-4, 12-5, 
12-6, 12-7, 12-8, 12-9, 12-10, 12-11, 12-12, 12-13, 12-14, 12-15, 12-16, 
12-17, 12-18, 12-19, 12-20, 13-1, 13-2, 13-3, 13-4, 13-5, 13-6, 13-7, 13-8, 
13-9, 13-10, 13-11, 13-12, 13-13, 13-14, 13-14A, 13-15, 13-16, 14-1, 14-2, 
14-3, 14-4, 14-5, 14-6, 14-7, 14-8, 14-9, 14-10, 14-11, 14-12, 14-13, 14-13A, 
14-14, 14-15, 14-16, 14-17, 14-18A, 14-19, 14-20, 14-21, 14-22, 14-23, 
14-24A, 14-25, 14-26, 15-1, 15-2, 15-3, 15-5, 15-6, 15-8, 15-9, 15-10, 15-11, 
15-12, 15-12A, 15-13, 15-13A, 15-13B, 15-14, 15-14A, 15-14B, 15-14C, 
15-14D, 15-14E, 15-14F, 15-14G, 15-15, 15-15A, 15-15B, 15-16, 15-17, 
15-17A 15-17B, 15-18, 15-18A, 15-18B, 15-18C, 15-18D, 15-18E, 15-18F, 
15-19, 15-19A, 15-19B, 15-19C, 16-1, 16-1A, 16-2, 16-3, 16-4, 16-5, 16-6, 
16-7, 16-8, 16-9, 17-1, 17-2, 17-3, 17-4, 17-5, 17-6, 17-7, 17-8, 17-9, 17-10, 
17-11, 17-12, 17-13, 17-13A, 17-14, 17-15, and 17-16 of Orleans Parish. 

§101.1. Assignment of districts, vacancies, elections; redistricting 
A Except as otherwise provided in Subsection D, each office of the 

justices serving on the supreme court on January 1, 1999, is assigned 
to the supreme court district provided for in RS. 13:101 as follows: 

(1) The office of the justice elected from the first supreme court 
district in 1998 is assigned to District 1. 

(2) The office of the justice elected from the second supreme court 
district is assigned to District 2. 

(3) The office of the justice elected from the third supreme court 
district is assigned to District 3. 

(4) The office of the justice elected from the fourth supreme court 
district is assigned to District 4. 

(5) The office of the justice elected from the fifth supreme court 
district is assigned to District 5. 

(6) The office of the justice elected from the sixth supreme court 
district is assigned to District 6. 

(7) The office of the justice elected from the first supreme court 
district in 1990 is assigned to District 7. 

B. Except as provided in Subsection D, a vacancy in the office of a 
justice of the supreme court shall be filled for the remainder of the 
unexpired term from the district for which the vacancy occurs. 

C. The successor to the office of justice of the supreme court shall 
be elected from the district assigned to that office in Subsection A. 
The election shall be from the district provided in RS. 13:101. 

D. When and if a vacancy occurs in the office of either justice of the 
first supreme court district prior to January 1, 1999, the special elec-

1267 



Act 776 

tion to fill the vacancy shall be held in District 7. The successor to that 
office shall be elected from District 7 as provided in RS. 13:101. The 
successor to the office of the other justice elected from the first 
supreme court district shall be elected from District 1. 

E. The legislature may redistrict the supreme court following the 
year in which the population of this state is reported to the president 
of the United States for each decennial federal census. 

§312.4. Fourth circuit; temporary additional judgeship; election; 
composition 

D. The judgeship provided for in Subsection A shall expire auto-
matically on the date that a justice of the supreme court takes office 
after being elected in a special election called for the office of justice 
of the supreme court which is held in District 7, as provided in R.S. 
13:101.1(D) or from the date that a justice takes office after being 
elected in the regular supreme court election held in the year 2000 
from District 7, whichever occurs first. 

Section 2.(A) The judge elected to the temporary additional judge-
ship established by the provisions of RS. 13:312.4 shall continue to 
receive the same compensation and benefits as provided in RS. 
13:312.4(C) until the judgeship expires. 

(B) The temporary additional judgeship established by the provi-
sions of RS. 13:312.4 shall be abolished when the term of office of the 
judge elected to such temporary additional judgeship expires as pro-
vided in RS. 13:312.4(D). Any tenure on the supreme court gained by 
such judge while so assigned to the supreme court shall be credited 
to such judge. 

Section 3. (A) The precincts enumerated in Section 1 of this Act are 
the precincts existing as of April 1, 1997, established by the governing 
authority of each parish in conformity with RS. 18:532 which requires 
their establishment; however, in cases in which a precinct established 
by the parish governing authority includes a discontiguous geograph-
ical area which has been given an alphabetical designation in addition 
to the numerical designation for the purpose of convenience and clar-
ity in taking and reporting the census counts by the United States 
Bureau of the Census, these designations are also enumerated in this 
Act for the purpose of clarity. The assignment of a precinct in this Act 
shall include all discontiguous alphabetical portions of the precinct 
regardless of where the enumeration of that discontiguous portion is 
listed unless otherwise specifically provided in this Act. 

(B) With respect to any precinct referenced in this Act that has 
been subdivided by action of any parish governing authority or regis-

1268 



Act 777 

trar of voters on a nongeographic basis, the reference in this Act to a 
precinct shall be construed to include all polling subdivisions thereof 
irrespective of the creation of such subdivision by a parish governing 
authority or registrar of voters. 

Section 4. This Act shall become effective on January 1, 1999, and 
shall not affect any election held prior to that date, except that if and 
when a vacancy occurs prior to January 1, 1999, in the office of either 
justice of the first supreme court district as now constituted, the pro-
visions of RS. 13:101 (District 1) and (District 7) and 101.1(D) shall 
become effective immediately upon the occurrence of the vacancy. 

Approved by the Governor, July 10, 1997. 
Published in the Official Journal of the State: July 24, 1997 

A true copy: 
W. Fox McKeithen 

Secretary of State 



U.S. Departmi 3f Justice_ 

Civil Rights Division 

OCT 21 1997 

IKP:CKD:TFM:emr 
DJ 166-012-3 
97-2518 

Angie Rogers LaPlace, Esq. 
Assistant Attorney General 
Post Office Box 94005 
Baton Rouge, Louisiana 70804-9005 

Dear Ms. LaPlace: 

Secrion 
P.O. Bat 65128 
fiashington. D.0 20035-6128 

October 17, 1997 

i 

This refers to Act No. 776 (1997), which provides for a 
reapportionment plan for seven single-judge supreme court 
districts, authorizes the legislature to reapportion those 
districts after each federal decennial census, designates to 
particular districts the justices serving on the supreme court as 
of January 1, 1999, modifies the procedures for reapportionment 
and for filling vacancies, and provides for revised 
implementation schedules for reapportionment of supreme court 
districts, the reapportionment plan and the vacancy procedures 
for the Supreme Court of the State of Louisiana, submitted to the 
Attorney General pursuant to Section 5 of the Voting Rights Act, 
42 U.S.C. 1973c. We received your submission of Act No. 776 
(1997) on August 19, 1997; supplemental information was received 
on October 8, 1997. 

Your submission does not request review for, nor does 
Act No. 776 make, any changes with regard to the continued 
existence of the thirteenth judicial position for the Fourth 
Circuit Court of Appeal or the assignment of that position to the 
Louisiana Supreme Court. You confirmed this in an October 16, 
1997 telephone conversation with Timothy Mellett, an attorney. in 
the Voting Section. 

The Attorney General does not interpose any objection to the 
changes specified in the first paragraph, above. However, we 
note that Section 5 expressly provides that the failure of the 
Attorney General to object does not bar subsequent litigation to 
enjoin the enforcement of the changes. See the Procedures for 
the Administration of Section 5 (28 C.F.R. 51.41). 



- 2 - 

We note that Act No. 776 includes voting changes that are 
enabling in nature. Therefore, any changes affecting voting that 
are adopted pursuant to this legislation will be subject to 
Section 5 review (e.g., the date of and any changes in procedures 
for conducting special vacancy elections, and any future 
reapportionment of the seven single-judge supreme court 
districts). See 28 C.F.R. 51.15. 

Finally, to the extent that the provisions of Act No. 776 
concerning the procedures for reapportionment and for filling 
vacancies, and the implementation schedules for 
reapportionment, the reapportionment plan and the vacancy 
procedures differ from the provisions of the August 21, 1992 
consent judgment in Chisom v. Edwards, Civil Action No. 86-4075 
(E.D. La.), the Attorney General's preclearance of those 
provisions is based upon the understanding that implementation of 
those portions of Act No. 776 will require technical 
modifications to the Chisom consent judgment. See 28 C.F.R. 
51.22. Accordingly, we are providing a copy of this letter to 
the Court and to counsel for the parties to the cilia= judgment. 

Sincerely, 

Isabelle Katz Pinzler 
Acting Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 

cc: The Honorable Charles Schwartz, Jr. 
United States District Court Judge 

Counsel for the Parties to the Chia= Judgment