Correspondence from Rodney to Karlan; Affidavit of Revius O. Ortique, Jr.; of Paul R. Valteau, Jr.; of Israel M. Augustine, Jr.; of Silas Lee, III

    • 

MCGLINCHEY, STAFFORD, MINTZ, CELLINI 8c LANG, PC 

GRAHAM STAFFORD 0940-19871 

DERMOT S. McGLINCHEY. 
SAMUEL LANG 
DONALD R. MINTZ m 
DANDO B. CELLINI. 
D. ANDREW LANG 
COLVIN G. NORWOOD, JR.. 
DAVID S. WILLENZIK. 
FRANK VOELKER, JR. 
FREDERICK R. CAMPBELL. 
B. FRANKLIN MARTIN, III. 
E. FREDRICK PREIS, JR. 
HENRI WOLBRETTE, III. 
LEOPOLD Z. SHER 
WILLIAM V. DALFERES, JR. 111 
MICHAEL J. MAGINNIS III 

MICHAEL T. PULASKI. 
PETER L. HILBERT, JR. m 
CONSTANCE CHARLES WILLEMS 
ERNEST P. GIEGER, JR. 
PAUL M. BATIZA 111 
MICHAEL R. SISTRUNK. 
THOMAS P. ANZELMOm 
STEVEN I. KLEIN M (2, 
SANDRA MILLS FEINGERTS. 
BENNET S. KOREN 
RALPH J. ZATZKIS 
JAMES M. FANTACI 
GARY E. MERINGER 
KENNETH H. LABORDE 
MAUREEN O'CONNOR SULLIVAN 
SUSAN wHITTINGTON LEIDNER (2, 

KATHLEEN A. MANNING 
J. FORREST HINTON 
KENNETH A. WEISS 121 
JOHN GREGORY ODOM 
JAMES D. MORGAN 
MICHAEL S. MITCHELL 
ELWOOD F. CAHILL, JR. 
MICHAEL S. GUILLORY 
LANCE S. OSTENDORF 
JAMES C. CRIGLER, JR. 
SIDNEY J. HARDY 
MICHAEL M. NOONAN 
RICHARD P. RICHTER 
MARIE A. MOORE 
VICTORIA KNIGHT McHENRY 
RUDY J. CERONE 
DEBRA FISCHMAN COTTRELL 
ANTHONY ROLLO 
EVE B. MASINTER 
TIMOTHY P. HURLEY 
GENE W. LAFITTE, JR. 
STEPHEN W. RIDER 
ROY J. RODNEY, JR. 
ERIC SHUMAN 
ARTHUR H. LEITH 
DAVID L. BARNETT 
STEPHEN P. BEISER 
LAURA HOBSON BROWN 
STEPHANIE M.. LAWRENCE 
LISA J. MILEY 
CHRISTOPHER J. AUBERT 
KATHLEEN K. CHARVET 
PATRICIA A. CARTEAUX 

RICHARD B. EHRET 
MARK M. GLOVEN 
MAUREEN L. HOGEL 
ALEXANDER M. McINTYRE, JR. 
RICHARD M. MOYED 
LAUREN A. WELCH 
CARL A. BUTLER 
SHARON L. GROSS 
THOMAS P. McALISTER 
TRUDY RODNEY BENNETTE 
SUSAN T. BROUSSARD 
CYNTHIA M. CANADA 
ROBERT W. MAXWELL 
KRISTINA B. WEBB 
FABIO M. FAGGI 131 
PAUL A. OBERER 13, 
PATRICIA L. MANSON 
CHRISTOPHER C. JOHNSTON 
DAVID P. BUEHLER 
MICHAEL J. DE BLANC, JR. 
BROOKE DUNCAN III 
KEITH W. McDANIEL 
CHARLOTTE G. BORDENAVE 
GERARD J. SONNIER 
ELISE M. BEAUCHAMP 
MARJORIE R. ESMAN 
N. VICTORIA HOLLADAY 
ANITA T. LECHNER 
LAWRENCE B. MANDALA 
SHARON D. SMITH 
ROY C. BEARD 
JOE GIARRUSSO, JR. 
JONATHAN YOUNG 

.LAW CORPORATION .,BOARD CERTIFIED TAX ATTORNEY .NOT ADMITTED IN LOUISIANA 

April 26, 1988 

FEDERAL EXPRESS  

Ms. Pamela S. Karlan 
Legal Defense Fund 
99 Hudson Street 
New York, New York 10013 

Re: Ronald Chisom, et al. 
-vs- Edwin Edwards et al. 
United States Court of Appeals 
Fifth Circuit - No. 87-3463 
Our Ref: 9931-54-7 

Dear Pam: 

643 MAGAZINE STREET 

NEW ORLEANS, LA. 70130-3477 

MAILING ADDRESS: 

POST OFFICE BOX 6 0 643 
NEW ORLEANS, LA. 70160-0643 

(5 04) 586-1200 

FAX 

(5 04) 596-2800 

TELEX 

584327 

CABLE 

MACSTAM 

LAKE PROVIDENCE, LA. OFFICE: 

405 MORGAN STREET 

LAKE PROVIDENCE, LA. 71254 

(318) 559-1200 
FAX (318) 559-0609 

WRITER'S DIRECT DIAL NUMBER: 

(504) 596-2766 

Enclosed plese find affidavits of Silas Lee, III, Civil 
Sheriff, Paul Valteau, and former Louisiana 4th Circuit Court of 
Appeal judge, Israel M. Augustine, Jr.. I understand that you 
have also received the affidavit of Judge Revious Ortiqe from 
Marc Morial. Although signed, each affidavit is subject to your 
editing, suggestions and amendment. I will be happy to file the 
intervention and hope that we can do so before May 1, 1988. 

Should you have any questions, please do not hesitate 
to contact me. 

RJR/jh 
Encl. 

Very t uly ou S r 

Roy Rodney, Jr. 



AFFIDAVIT 

BEFORE ME, the undersigned Notary, personally came 

and appeared Revius O. Ortique, Jr. who after being deposed 

did state the following: 

1) I am a member of the Black race. 

2) I am and have been, since 1956, a member of the LA 

State Bar Association, having been admitted to practice 

in June of that year. Subsequently, I was admitted to 

practice before the U.S. District Court for the Eastern 

District of LA, and U.S. Court of Appeals for the 5th Circuit. 

In 1964, I was admitted to practice before the United States 

Supreme Court. I attach a copy of my biographical sketch 

and mark it Exhibit A for identification.. 

3) In 1979, I was selected by the Supreme Court of LA 

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

the Parish of Orleans. After serving in that position 

for 6 months, I was subsequently elected in a city-wide 

election for Judge, Div. H, of the Civil District Court 

for the Parish of Orleans. Div. H of the Civil District 

Court is the trial court of general jurisdiction in Orleans 

Parish, Louisiana. In 1984 I was re-elected Judge,without 

opposition to a 6 year term ending December 31, 1990. 

4) For many months, I have seriously considered running 

for a position on the Supreme Court of the State of Louisiana, 

I have sought that office in the past, without success. 

I wish to run again. I will run, should the Districts 

of the State Supreme Court be redrawn in accordance with 

the desires of the plaintiffs in the case of Ronald Chisom,  

et. al. v. Edwin W. Edwards, et. al., (currently pending 

in the U.S. Court of Appeals for the 5th Circuit.) 

I believe that the current composition of the La. 

Supreme Court district's , effectively prevents any Black 

candidate from being successful. The district as presently 

initiated, i.e. the entire metropolitan area of New Orleans, 

the Parishes of Jefferson, Plaquemines and St. Bernard-



is an almost insurmountable barrier to any Black person 

being elected.The current La. Supreme Court district lines 

substantially and materially dilute the voting strength 

of Black Voters in Orleans Parish. The current racial 

patterns of parishes of Jefferson, St. Bernard, Plaquemines 

and St. Tammany, when compared with the racial pattern 

of Orleans Parish, are obviously different. The difference 

is so disparate, it is virtuallyimpossible for Black citizens 

of Orleans Parish to have nay viable representation on 

the highest court of our State. 

No other district of our Suprem Court requires an 

election from a constituency nearly as large. 

On the other hand, I believe that if I am afforded 

an opportunity to seek this office from a district appropriately 

and constitutionally drawn, I would be able to raise funds, 

win endorsements, and secure financial backing, so vital 

to a successful candidacy. 

Obviously I would find it much more advantageous to 

seekoffice from Orleans Parish, serve Orleans Parish voters 

and successful candidates who happen to be Black. 

If the lines are constitutionally redrawn, my chances 

of winning an election would be substantially enhanced. 

This conviction is based upon my two successful elections 

as well as my broad endeavors in the New Orleans community. 

The current district lines substantially and materially 

dilute the voting strength of the black voters of Orleans 

Parish. Based on my experience with various city-wide 

elections in New Orleans before assuming the bench, and 

in my own three races for election to the bench, that there 

will be substantially greater difficulties for a candidate 

of the Black race to secure the financial and political 

support vital to a successful candidacy. 



Further, I believe that I will be irreparably harmed 

if the election for the State Supreme Court now scheduled 

for Fall 1988 are not postponed until the ultimate disposition 

of the case of Chisom et. al. v. Edwards et. al. This 

is because the effective organization of a successful citywide 

campaign takes at least 9 to 18, months and without adequate 

time and opportunity to develop and obtain endorsements 

from political organizations, elected officials, newspapers 

and other political actors, as well as to raise money, 

a campaign is not likely to be successful. This is especially 

so in the case of a non-incumbent. 

I believe that I am irreparably harmed because the 

current district lines prevent me from mounting an effective 

campaign and representing all the people of Orleans Parish. 

JUDGE REVIUS 0. ORTIQUE, JR. 



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 th,;.t it is virtually impossible to elect a 

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



I 

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. 

GtALGR  
PAUL R. VALTEAU, JR. 

SWORN TO AND SUBSCRIBED BEFORE ME 

THIS 26TH DAY OF APRIL, 1988. 

ftdn a'"W NOTAR PUBLIC 



United States of America 

State of Louisiana 

Parish of Orleans 

AFFIDAVIT 

BEFORE  ME the undersigned authority, personally came and 

offered: 

ISRAEL M. AUGUSTINEL_JR. of the full age, who after being 

first duly sworn, did depose and say: 

I am a life-long resident of New Orleans, Orleans 
Parish, Louisiana." 

I was admitted to the practice of Law in 1952." 

I was appointed Judge to the Criminal District 
Court for Orleans Parish; in 1969." 

I served continuously and uninterruptedly until 
1981, when I offered myself for election to the Fourth 
Circuit Court of Appeal, where I remained on the Court 
until my voluntary retirement in 1984." 

I stood for election to the Criminal Court (as an 
encumbent) in 1970. I was opposed by two (2) persons 
who were white. At that time the voting population was 
about evenly split among the races. I was able to 
capture sixty (60%) percent of the vote. However, it 
was necessary for me to raise what was for me a large 
sum of money and I had to campaign vigorously. In 1981 
I sought election to the 4th Circuit Court of Appeal. 
Again it was necessary to organize a major campaign 
effort. 

I am able to state unequivocably that but for my 
election being confined to Orleans Parish, I would not 
have been successful, solely because of my race. 

Further, I am convinced that unless a Louisiana 
Supreme Court District is created for Orleans Parish, 
it will be impossible for a person of the black race to 
successfully seek that position. 

So long as the Supreme Court District in which a 
black candidate must run, includes Parishes which an 
overwhelmingly populated by white voters, it is 



• 

NOTARY PUBLIC 

impossible for the black candidate to serve the 
necessary funding/backing to be elected. 

Finally, I am conviced that young people, who 
happen to belong to a minority group should be 
permitted a "role model", who has successfully aspired 
to the highest Court of our State. This is impossible, 
so long as a candidate from Orleans Parish must suffer 
the consequences of being black and seeking public 
office in parishes other than Or ans Parish. 

SWORN TO AND SUBSCRIBED BEFORE ME 

THISQ6OLDAY OF APRIL, 1988. 



AFFIDAVIT 

STATE OF LOUISIANA 

PARISH OF ORLEANS 

BEFORE ME, the undersigned notary, personally came and 

appeared: 

SILAS LEE, III 

who, after being deposed did state the following: 

1. 

I am president of Silas Lee and Associates, a public 

opinion, research and consulting company in New Orleans, 

Louisiana, and Richmond, Virginia. Silas Lee and Associated are 

consultants to numerous business, retail and fast food 

corporations, government agencies, broadcasting stations, 

newspapers, politicians and banks. The company also publishes 

numerous studies, polls and commentaries yearly which have 

appeared in the Times-Picayune, USA Today, The Louisiana Weekly, 

the Nevada Journal, U.S. News and World Report, Ebony Magazine, 

CBS Evening News and a host of other publications. 

2. 

I am also a sociology instructor for the Loyola University 

Upward Bound Program-New Orleans, Louisiana, a member of the 

National Business League, the National Association of Political 

Consultants and a court certified expert on the social and 

economic status of blacks in America and public opinion research. 

3. 

I received my Bachelor of Arts in Political 

Science/Sociology from Loyola University in New Orleans, and a 

Master of Science in Urban Studies from' the University of New 

Orleans. I have published extensive research in Social 

Stratification and Public Opinion Polls. One of my several 

associates is Dr. Daniel C. Thompson, Professor Emeritus of 

Sociology and former Vice-President of Academic Affairs of 

Dillard University in New Orleans. Dr. Thompson is the author of 

over 200 articles and six books on various subjects in sociology, 

economic development and social stratification. 



4. 

The current at large system of electing Louisiana Supreme 

Court judges dilutes and minimizes the opportunities for blacks 

to be elected to the Louisiana Supreme Court. The following data 

is offered in support of this theory. 

VOTER REGISTRATION BREAKDOWN 

MARCH 31, 1987 

TOTAL WHITE BLACK 

Orleans 251,359 118,232 131,726 

Jefferson 199,534 174,742 23,825 

St. Tammany A , 69,965 63,197 23,825 

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

Plaquemines 15,198 11,376 2,825 

SOURCE: LOUISIANA ELECTIONS COMMISSIONER 

The above statistics clearly show that as we move outside of 

the city of New Orleans, black voter strength is diluted. The 

rate of black voter participation decreases from 52% in Orleans 

Parish to 12% in Jefferson, 9% in St. Tammany and 4% in St. 

Bernard, thus handicapping the possibility for a black candidate 

to run successfully in the present district. 

Judicial races are expensive traditionally and have low 

visibility and low voter interest. Although blacks have run 

successfully in judicial elections in New Orleans, they continue 

to encounter financial restraints and low voter interest. A 

successful judicial campaign in New Orleans may cost more than 

$100,000. Since most black candidates for judgeship lack the 

financial resources to underwrite their own campaign, fund 

raising often becomes an insurmountable obstacle. Also, due to 

the fact that judicial races receive low media coverage, black 

candidates with low name recognition have to spend more money for 

advertising and organization than in other races. Considering 

the upcoming Louisiana Supreme Court election as an example, a 

potential black candidate will be faced with the racially skewed 

voter registration statistics for Metro New Orleans, the need for 

a estimated campaign budget in excess of $100,000, and realize 

that their chances for winning is nonexistent. 



• 
For all the reasons set forth above and more, I believe that 

the chances for a black to be elected to the Louisiana Supreme 

Court under the present district are diluted and minimal at best. 

5. 

The scheduled election for the State Supreme Court in the 

fall of 1988, will not provide a black candidate adequate 

opportunities to organize and fund a competitive campaign in this 

election, and as a result, a black candidate will be denied an 

opportunity to be elected to this judicial opening for at least 

ten years. 

SWORN TO AND SUBSCRIBED 

BEFORE ME, THIS v0-07) 

DAY OF 

1988. 

NOTARY PUBLIC 

SILAS LEE, III