Report to Court and Motion for Final Order; Correspondence from Reynolds to Samford

    IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

  

JOHN DILLARD, et al., 

Plaintiffs, 

VS. CA. NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et al., 

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Defendants. 

REPORT TO COURT AND MOTION FOR FINAL ORDER 
  

Defendants, Lee County, Alabama, a Political Subdivision of 

the State of Alabama; Hal Smith, in his official capacity as 

Probate Judge of Lee County, Alabama; Annette Hardy in her official 

capacity as Circuit Clerk of Lee County, Alabama and Herman Chapman 

in official capacity as Sheriff of Lee County, Alabama show unto 

Your Honor as follows: 

By Order dated April 14, 1986, this Court approved on an 

interim basis the settlement plan jointly offered to the Court by 

these Defendants and the Plaintiffs in this cause, subject to pre- 

clearance by the Department of Justice, pursuant to the provisions 

of Section 5 of the Voting Rights Act of 1965 and directed these 

Defendants to notify the Court promptly of the determination of 

the Department of Justice. 

By Order dated April 30, 1986, this Court approved on an interim 

basis the changes in precincts, election districts and polling places 

in Lee County, Alabama presented to the Court by Joint Motion of 

these Defendants and the Plaintiffs herein, subject to pre-clearance 

by the Department of Justice pursuant to the provisions of Section 5 

of the Voting Rights Act of 1965 and directed the Defendants to inform 

 



the Court immediately upon determination by the Justice Department. 

These Defendants show unto Your Honor that by letter dated 

May 28, 1986, received by these Defendants on May 30, 1986, the 

United States Department of Justice through its Assistant Attorney 

General in the Civil Rights Division notified these Defendants that 

the Attorney General does not interpose any objections to the change 

in the method of electing County Commissioners from at large to 

single-member districts; the districting plan; the increase from 

four to five Commissioners; the removal of the Probate Judge's 

authority to vote on matters before the Commission; the re-alignment 

of voting precincts and the additional polling place in Lee County, 

Alabama all as approved by Your Honor in the above-described Orders 

and submitted to the Department of Justice on April 21, 1986 and 

April 28, 1986. 

The said letter of May 28, 1986 is marked Exhibit "A", attached 

to this Motion and made a part hereof. 

WHEREFORE, these Defendants move that Your Honor enter an 

Order finally approving the settlement and the changes in precincts, 

election districts and polling places, all as heretofore approved 

on an interim basis by the above described Orders of April 14, 1986 

and April 30, 1986. 

Respectfully submitted this XK r- day of 
  

SAMFORD, DENSON, HORSLEY, 

PETTEY, MARTIN & BARRETT 

P.O. Box 2345 
Opelika, AL 36803-2345 
(205). 745-3504 

i 

BY: ol ELA + lin df L 
YETTA G. SAMFORD, JR. 
Attorneys for Defendants, 
Lge County, Alabama and 
Hal Smith, Annette Hardy and 
Herman Chapman in their Official 
capacities as above stated. 

   



  

CERTIFICATE OF SERVICE 
  

I do hereby certify that on this old day of IIE 
1986 a copy of the foregoing report to Court and Motion for Final 
Order was served upon the following counsel of record: 

r 
  

BLACKSHER, MENEFEE & STEIN, P.A. 

405 Van Antwerp Bldg. 
P.O. Box 1051 

Mobile, Alabama 36633 

(205) 433-2000 

TERRY G. DAVIS 

SEAY & DAV1S 

732 Carter Hill Road 
P.O. Box 6215 
Montgomery, Alabama 36106 
(205) 834-2000 

¥" DEBORAH FINS 
JULIUS L. CHAMBERS 

NAACP Legal Defense Fund 
99 Hudson Street, 16th Floor 

New York, New York 10013 

(212) 219-1900 

EDWARD STILL 

REEVES & STILL 

714 South 29th Street 
Birmingham, Alabama 35233-2810 
(205) 322-6631 

REO KIRKLAND, JR. 
307 Evergreen Avenue 
P.O. Box 646 
Brewton, Alabama 36427 

(205) 867-5711 

by depositing same in the United States Mail, postage prepaid. 

/ 
  

ATTORNEY FOR ABOVE NAMED DEFENDANTS 

 



pe U.S. Depar:nt of Justice 

  

  

WBR : PAM: JKT :gmh 
DJ 166-012-3 Washington, D.C. 20530 
P0640-0642 
P0858 
P3675-3676 

MAY 2 B 198 
Yetta G. Samford, Jr., Esq. 3 
Samford, Denson, Horsley, Pettey, 

Martin & Barrett 

Pe O. Box 2345 
Opelika, Alabama 36803-2345 

Dear Ms. Samford: 

This refers to the change in the method of electing 
county commissioners from at large to single-member districts; 
the districting plan; the increase from four to five commis- 
sioners; the removal of the probate judge's authority to vote 
on matters before the commission; the realignment of voting 
precincts; and the additional polling place in Lee County, 
Alabama, submitted to the Attorney General pursuant to Section 5 
of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c. We received your initial submission on April 21, 
1986; supplemental information was received on April 28, 
1986. 

The Attorney General does not interpose any objections 
to the changes in question. However, we feel a responsibility 

to point out that Section 5 of the Voting Rights Act expressly 
provides that the failure of the Attorney General to object 
does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by 
Section 5, the Attorney General reserves the right to reexamine 
this submission if additional information that would otherwise 
require an objection comes to his attention during the remainder 
of the sixty-day review period. See the Procedures for the 
Administration ofiSection 5 (28 C.F.R. 51.42 and 51.48). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 

Civil Rights Division 

By: 

  

      

    

Gerald W. Jefies 

Chief, Voti i 

 



SAMFORD, DENSON, HORSLEY, PETTEY, MARTIN & BARRETT 

ATTORNEYS AT LAW 

709 AVENUE A 

P. O. BOX 2345 

OPELIKA, ALABAMA 36803-2345 

DEBORAH FINS 

JULIUS L. CHAMBERS 

NAACP Legal Defense Fund 
99 Hudson Street, 16th Floor 

New York, New York 10013