Plaintiffs' Response to the Court's Order to Show Cause

    UNITED STATES DISTRICT COURT 

ufr 
EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, MARIE BOOKMAN, 
WALTER WILLARD, MARC MORIAL, 
LOUISIANA VOTER REGISTRATION/ 
EDUCATION CRUSADE, AND HENRY A. 
DILLON, III 
Plaintiffs 

VERSUS 

EDWIN EDWARDS, in his capacity 
as Governor of the State of 
Louisiana; JAMES H. BROWN, in his 
capacity as Secretary of the State 
of Louisiana; and JERRY M. FOWLER, 
in his capacity as Commissioner of 
Elections of the State of Louisiana 
Defendants 

ci* CIVIL ACTION e 

NUMBER 86-4075 

SECTION A 

MAGISTRATE 6 

CLASS ACTION 

THREE JUDGE COURT 

NOTICE OF AMENDED COMPLAINT 

PLEASE TAKE NOTICE, that the attached is a copy of the 

Amended Complaint filed in this action as a matter of course 

pursuant to Rule 15(a) of the Federal Rules of Civil Procedure 

which permits plaintiff to file an amended complaint within 20 

days after the complaint is served. The amended complaint differs 

• from the original complaint in that all citations to 42 U.S.C. 

Section 1973 c are deleted and replaced by citation to 42 U:S.C. 

Section 1973. These 

of the complaint. 

. • : 

L' St tr , ri'! COO; 

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on 

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deletions occur in sections I, II, and VIII 

Respectfully submitted, 

Willi m P. Qfrtligley 
63 Sz.—Chafles Ave. 
N Orleans, La. 70130 
504-524-0016 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, MARIE BOOKMAN, 
WALTER WILLARD, MARC MORIAL, 
LOUISIANA VOTER REGISTRATION/ 
EDUCATION CRUSADE, AND HENRY A. 
DILLON, III 
Plaintiffs 

VERSUS 

EDWIN EDWARDS, in his capacity 
as Governor of the State of 
Louisiana; JAMES H. BROWN, in his 
capacity as Secretary of the State 
of Louisiana; and JERRY M. FOWLER, 
in his capacity as Commissioner of 
Elections of the State of Louisiana 
Defendants 

CIVIL ACTION 

NUMBER 86-4075 

SECTION A 

MAGISTRATE 6 

CLASS ACTION 

THREE JUDGE COURT 

AMENDED COMPLAINT  

I. PRELIMINARY STATEMENT 

This action i,s brought by the plaintiffs on behalf of all 

black registered voters in Orleans parish to challenge the 

election of Justices to the Louisiana Supreme Court from the New 

Orleans area. Plaintiffs contend that the present system of 

electing judges, whereby the parish of Orleans, St. Bernard, 

Plaquemines, and Jefferson elect two Justices to the Louisiana 

Supreme Court at-large, is a violation of the 1965 Voting Rights 

Act, as amended, 42 U.S.C. Section 1973 because it dilutes the 

voting strength of plaintiffs. 

II. JURISDICTION 

This is an action for declaratory and injunctive relief 

brought pursuant to 42 U.S.C. Section 1973 and 42 U.S.C. Section 

1983. This Court has jurisdiction pursuant to 28 U.S.C. Section 

1331 and Section 1343 as well as 42 U.S.C. Section 1973. 



Plaintiffs also seek declaratory and other appropriate 

relief pursuant to 28 U.S.C. Sections 2201 and 2202. 

Plaintiffs' claims under the Voting Rights Act and under the 

Fourteenth and Fifteenth Amendments to the U.S. Constitution must 

be determined by a district court of three judges pursuant to 28 

,U.S.C. Sect. 2284 (a). 

III. PARTIES 

The individual plaintiffs are all black registered voters in 

Orleans parish. The organizational plaintiff is a non-profit 

corporation comprised of Orleans Parish black registered voters 

active in voting rights issues. The plaintiffs sue on behalf of 

themselves and all other black registered voters in Orleans 

parish. 

Edwin Edwards is Governor of the State of Louisiana. He is 

sued in his official capacity as Governor. Mr. Edwards has the 

duty to support the Constitution and laws of the State of 

Louisiana and of the United States and to see that these laws are 

faithfully executed. 

James H. Browns is Secretary of the State of Louisiana. He 

is sued in that official capacity. As Secretary of State, Mr. 

Brown has the duty to prepare and certify the ballots for all 

elections, promulgate all election returns and administer the 

election laws of Louisiana. 

Jerry M. Fowler is Commissioner of Elections of the State of 

Louisiana. He is sued in that official capacity. As 

Commissioner of Elections, he has the duty to work closely with 

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the office of the Secretary of State to prepare and certify the 

ballots for all elections held in Louisiana. 

IV. CLASS ACTION ALLEGATIONS 

This matter is brought as a class action pursuant to Rule 

23(b)(2) of the Federal Rules of Civil Procedure, on behalf of 

all black persons who are residents and registered voters of 

Orleans parish, State of Louisiana. 

The number of persons who would be included in the above-

defined class would be approximately 135,000. 

Plaintiffs are adequate representatives of the class in that 

they are similarly situated with the rest of the members of the 

class. There are no actual or potential conflicts of interest 

and the attorneys for plaintiffs are competent and able to handle 

the litigation. 

The questions of law and fact common to the class are those 

implicit in this complaint including whether the defendants 

should be ordered to comply with the Voting Rights Act in the 

election of Justices to the Louisiana Supreme Court from the New 

Orleans area. 

V. FACTS 

The State of Louisiana elects seven Justices to the 

Louisiana Supreme Court. 

The method of electing Justices to the Louisiana Supreme 

Court is set out at Louisiana Revised Statute 13:101. This 

statute orders that the state be divided into six Supreme Court 

districts which elect seven Justices. Each of the Supreme Court 

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districts elects one Justice, except for the First Supreme Court 

district which elects two Justices at-large. 

The First Supreme Court district is made up of the parishes 

of Orleans, St. Bernard, Plaquemines, and Jefferson, from which 

two Justices are elected at-large. 

The First District is the only Supreme Court district in 

Louisiana that is not a single member district. 

The First Supreme Court District of Louisiana contains 

approximately 1,102,253 residents of which 63.”% or 698,418 are 

white and 379,101 or 34.4% are black. The voter registration 

data for the First Supreme Court District of Louisiana indicates 

a total registered voter population of 515,103. Of this total, 

350,213 or 68% are white and 162,810 or 31.61% are black. 

If the First Supreme Court District of Louisiana were 

divided into two single member districts, the average population 

would be approximately 551,126 persons in each district. Because 

Orleans parish's present population is 555,515, the most logical 

division of the district into two single member districts would 

have Orleans parish electing one Supreme Court Justice and the 

parishes of Jefferson, St. Bernard, and Plaquemines together 

electing the other Supreme Court Justice. 

If the present First Supreme Court District was divided as 

indicated in the preceding paragraph, the Orleans parish district 

would have a black population and voter registration majority. 

The Orleans parish district would have 236,987 white residents or 

42.5% and 308,149 black residents or 55.3%. The voter 

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registration figures indicate that the district would have 

124,881 white voters or 47.9% and 134,492 black voters or 51.6%. 

The Supreme Court district which would be comprised of 

Jefferson, Plaquemines, and St. Bernard would have a total 

population of 544,738 of which 461,431 or 84.7% would be white 

and 70,952 black residents or 13.0%. The voter registration data 

indicates that 225,332 registered voters are white or 88.5% while 

28,318 black voters are also registered or 11.1% 

Because of the official history of racial discrimination in 

Louisiana's First Supreme Court District, the wide spread 

prevalence of racially polarized voting in the district, the 

continuing effects of past discrimination on the plaintiffs, the 

small percentage of minorities 

area, the absence of any blacks 

Court from the First District, 

elected to public office in the 

elected to the Louisiana Supreme 

and the lack of any justifiable 

reason to continue the practice of electing two Justices at-large 

from the New Orleans area only, plaintiffs contend that the 

current election procedures for selecting Supreme Court Justices 

from the New Orleans area dilutes minority voting strength and 

therefore violates the 1965 Voting Rights Act, as amended. 

VI. CAUSES OF ACTION 

The defendants are in violation of Section 2 of the 1965 

Voting Rights Act, as amended, 42 USC Section 1973 because the 

present method of electing two Justices to the Louisiana Supreme 

Court at-large from the New Orleans area impermissibly dilutes 

minority voting strength. 

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The defendant's actions are in violation of the Fourteenth 

and Fifteenth Amendments to the United States Constitution and 42 

USC Section 1983 in that the purpose and effect of their actions 

is to dilute, minimize, and cancel the voting strength of 

plaintiffs. 

VII. EQUITY 

This action is an actual controversy between parties having 

adverse legal interests of such immediacy and reality as to 

warrant a declaratory judgment. 

Plaintiffs have no adequate remedy at law and will suffer 

irreparable injury unless injunctive relief is issued. 

VIII. PRAYER 

WHEREFORE, plaintiffs pray for relief as follows: 

1. That a District Court of three judges be convened _ 

pursuant to 28 U.S.C. Sect. 2284 and 42 U.S.C. Sect. 1973 to 

adjudicate this matter; 

2. That this matter be certified as a class action; 

3. That a preliminary and permanent injunction issue 

against the defendants as follows: 

a. Restraining defendants from allowing any 

further elections of Justices from the First Supreme Court 

District in accordance with Louisiana Revised Statute 13:101 Sub-

section 1 until this court makes a decision on the merits of 

plaintiff's challenge; 

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b. Ordering the defendants to reapportion the 

First Louisiana Supreme Court District in a way that fairly 

recognizes the voting strength of minorities in the New Orleans 

area and completely remedies the present dilution of minority. 

voting strength. 

c. Ordering the defendants to comply with the 

1965 Voting Rights Act, as amended, 42 USC Section 1973; 

4. That this court declare and determine that the 

present system of electing two Justices at-large from the 

parishes of Orleans, St. Bernard, Plaquemines, and Jefferson 

pursuant to Louisiana Revised Statute 13:101 Sub-section 1 

impermissibly dilutes minority voting strength and violates the 

1965 Voting Rights Act, as amended, and also violates the 

Fourteenth and Fifthteenth Amendments to the United States 

Constitution. 

5. That attorney fees be awarded to plaintiff; 

6. That there be other such relief as may be necessary 

and proper. 

Respectfully submitted, 

P Quigle 
6 -1 arles A 
w Orleans, LA 70130 

(504) 524-0016 

Ron Wilson 
Richards Building 
Suite 310 
837 Gravier St. 
New Orleans, LA 70112 
(504) 525-4361 

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