Newspaper Articles (Jan 1984)
Press
January 31, 1984

Cite this item
-
Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Newspaper Articles (Jan 1984), 1984. 6b9a6ecc-d492-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d9479f7b-68b4-464d-b182-0e93260c71e8/newspaper-articles-jan-1984. Accessed August 30, 2025.
Copied!
'r".,,o. B P*$y:l',,tT,fll:ffi:Tuesday, January 31, Lawyer Gratified Lawyer Put 2y2 Years Into District Challenge By GAIL SJVIITH Lawyer Leslie Winner chal- lenged the system and won. It took 2/2 years and perhaps 2,000 hours of work, but she won. Winner questioned the legality of seven N.C. House and Senate districts, arguing they discrimi- nated against minorities. Three federal judges agreed with her in a Friday ruling. The judges want new districts drawn - including those in Mecklenburg and, Cabar- rus counties - to give minorities a better chance of getting elected. Winner didn't hide her delight at the decision. "Glee" was her first reaction, she said Monday. "I went out to dinner with some f riends. I laughed a lot." "We challenged the legalitY of the apportionment of seven differ- ent districts.... The court ruled with us on all of them." In her office at East Indepen- dence Plaza, 16 cardboard boxes marked "Gingles vs. Edmisten" line the walls, proof of her work on the case. The suit was filed in September 1981. "I do believe single-member districts would be better for the people of (Mecklenburg) county," she said. "Districts have worked well on city council. The voters Sgree with that." Winner,'33, said the case inter- ested her because she believes.in Sovernment being accessible to all people. A friend, Lark Hayes, a lawyer who worked with her for more than three years at Legal Services of Southern Piedmont Inc., said Winner is drawn to both law and politics. "Generally, one often sees law- yers that are either challenged by law or the political nature of law.... (Leslie) seems to be fueled by that dual motivation. She's a two-burner lawyer," Hayes said. Winner started working with lawyer Julius Chambers in 1981, when the redistricting case came up. She got the case because she See Next Page Contlnued From precedlng page had lobbied the General Assembly earlier that year when she wai working for Legal Servlces. She, was trying to salvage state Medic- aid benefits ordered cut by the I Reagan adtninistration. i "I yqs familiar with the legista- iture. I basically understood -what they were talking about," she said. She said she learned how to be an effective advocate under a mentor, U.S. District Judge James McMillan.,She was his law clerk in 1976-77. He taught her a pre- carious balance between making changes and making waves, shi said. t'I view him as a very wlse per- s-on, at once courageous enough to do what he thinks needs to be done, but not inclined to rock the boat any more than necessary todo what needs to be accbm- plished," she said. Judge McMillqn said he learned from Winner as much as she learned from him. "I'd claim her for a daughter," he said. ,,She's {o.ne s-9 many consistently.gooq ,things." , She has spoken out against cuts .in aid to the poor, lobbiJd for Eliz- , abeth neighborhood concerns and : last year was president of the N.C. Asso'ciation of Women Attorneys. An Asheville native, she in- nounced for a state House seat as a Democral. earlier this month. Her older brother, Dennis, is a statb senator f rom Buncombe County. @'lre @hurlotte @b server SatUrday, JanUary 28, 1984 o Home Detivery Assistance 379-6666,6:30 a.m.-11 a.m. Place A Classitied Ad 372-5555 Price:25G 71\.C. Legislative Districts Ruled Biased Judges: Black Yoting Strengrh Diluted If it stands, the order could lead to more black legislators, uncer- tain political futures for some in- cumbent legislators and confusion over the May 8 primary. Citing the I965 Voting Rights Act, the judges ruled that in Ois- tricts like Mecklenburg, where l6 candidates can run at-large for eight seats, "black registere-d vot- ers of that district (are) being sub- Mectrrlenhurg's At-Large System Faulted By KATHERINE WHITE, KEN ALLEN And KEN EUDY Statt Wrire6 RALEIGH - Three federal judges Friday ordered North Car- ollna to redraw seven state House and Senate districts, including Mecklenburg's, because the dis- tricts illegally dilute the strength of black voters. merged as a voting minority.,' The court said multlirember districts often,force blacks to vote for a single candidate to increase the impact of their vote, thus "forfeiting by practical necessity their right to vote for a full slati of candidates." The three-judge panel of 4th See 7 LEGISL.{TM page 7,{ By KEN ALLEN, KEN EUDY . And KATIIERINE WHITE Staff Writers Ambition and determination -qualities needed by successful pol- iticians - haven't been enough for I\{ecklenburg County blacks who aspire to the legislature from the state's most populous and ur- banized county, according to a de- cision filed Friday by a three- judge federal panel. The'problem, the judges said, is that discrimination makes it too difficult for blacks to win legisla- tive seats under the current at- large system. - The solution, they said, might be single.member districts -- a form of district representatior,r similar'to that used to elect Char- lotte City Council members. Under the plan now used to se- lect Gerleral Assembly members, candidates for the eight-seai Meckleqburg House distiict run at-large'and voters may vote for all eight. The four state senators who represent the Mecklenburg- Cabarrus Senate district also aie selected at-large. I See MECKLENBURG pase 7A 7 I\.C. Legislative Districts Contlnued From Page lA Circuit Court of ApPeals Judge Dickson Phillips Jr. and District Judges Earl Britt Jr. and Franklin Dupree Jr. did not order legisla' tors to create smaller districts iepresented by one Person, often called single-member districts. Such districts would be similar to the Charlotte City Council dis' trlcts, where seven council mem' bers represent seven areas of the city. Instead, the judges Save the state seven weeks to come uP with its solution. If the General Assembly fails to act bY March 16, the court warned, the judges will redistrict the areas. The court ruling also could have national civil rights implica- tions, said Lani Guinier, a lawYer with the NAACP Legal Defense and Education Fund Inc. For the second time, a court al' lowed a challenge to two election districts that the U.S. Justice De' partment had concluded were nondiscrimlnatory under Provi' sions of the Voting Rights Act. Under the act, the Justice De' partment, in a process called "pre' clearance," must review redis- tricting plans in areas where, as of November 1964, a literacY test was required and less than half the voting age population was registered to vote. In 1976, the U.S. SuPreme Court said that such Preclearance prevented minorities from inde- penderrtly challenging redistrict' ing plans, Guinier said."''d;i'r;"t in Louisiana, a court similarly ruled that blacks could independentlY challenge redis- tricting in court even though the Justice Department had ruled the redistricting nondiscriminatory. Friday's ruling, Guinier said' "establishes a track record for the Reagan Justice DePartment and it ls a negative track record as far as vigorous enforcement in discriml' nation cases." In Friday's ruling, Cabarrus Countv is affected because it is in the sa-me Senate district as Meck' lenburg. Also affected is the 2nd Senato' rial district made uP of Bertie' Chowan, Gates, Hertford, North' ampton and Parts of Martin' Hali' fax, Edgecombe and Washjngton counties. The court invalidated that single-member Senate district in northeastern North Carolina because the legislature split coun- ties to avoid creating "an effective black majority." That seat is held bv ll-term Democratic Sen. J.J. "-Monk" Hairington, who is white. In addition to Mecklenburg' separate House districts in Wake, Forsyth and Durham counties are affected bY the rulinS' as well as the joint House district made uP of Edglcombe, Wilson and Nash countles. The case was filed two Years ago on behalf of RalPh 9ingles Jr. oi Gastonia and other N.C. black voters. The NAACP Legal Defense and Education Fund represented the black voters. Leslie Winner' an attorney for the plaintiffs' has filed as a candidate for a Mecklen' burg House seat. "It's music to mY ears," Winner said of Friday's ruling. "It's a sub- stantial step forward in the ability of black peoPle to ParticiPate meaningfully in the political pro'. cess."' Jim Wallace, special dePuty state attorneY general who argued the case, said no decision has been made about an aPPeal, but some paperwork has begun. "I did some PrecautionarY re' search earlY this week," Wallace said. "The rug began to sliP out from under us," he said, when Section 2 of the federal Voting Rights Act was amended to take out the "smoking gun" Provision. The judges'ruling focused on that por- tion of the act: that the Plaintiffs do not have to show the state in- tended.to discriminate, only that the effect of the state's redistrict- ing was discriminatory. The federal Panel said that the state recentlY had made greater efforts to involve blacks in the election process but that the effort was not enough. But "the gaP has not been closed, and there is of course no guarantee that the effort will be continued past the end of the Pre' sent state administration," the judges said.- Some legislators contacted late The shaded areas in the maP show the House districts and the Friday said an aPPeal might not be worthwhile. striped areas THE CHARLOTTE OBSERVER Saturday, January ?8, 1984 7A "At this Point I'm inclined to abide by the court's decision and redistrict (rather than appeal)' but that is subject to further consul- tation with the staff," said Sen. Marshall Rauch, D-Gaston' co' chairman of the Legislative Redis' tricting Committee' Rep. Louise Brennan, D'Meck' lenburg and a member of the re- districting panel, said, "I think an appeal would just be PostPoning the inevitable." House SPeaker Liston Ramsey' D-Madison, said he has asked the attorney general's office and the legislative counsel to draw uP al- teinatives bY early next week. "The first two Pages (of a 73' pag,e decision) tell us what we have done in the seven counties we haven't done right," RamseY said. "But theY haven't told us how to do it." In addition to creating single- member districts, the legislators coutcl also make snlaller m'rlti' meinber districts in which one district is PredominantlY black and the other is PredominantlY white, RamseY said. The decision's immediate im' Dact on the MaY 8 Primary is un' i<nown, said state Elections Direc' tor Alex Brock. There can be no House or Sen' ate elections f or Mecklenburg seats and the other districts under the current district lines, the court sai0. Mecklenburg Elections SuPervi' sor Bill Culp said it would be diffi' cult to trola the MaY 8 PrimarY unless districts could be drawn bY March l. "We have to have time for ab' sentee ballots, which are required bv law. and we have to have time f6r programming voting ma' . chinei, wtrictr is verY comPli' cated.'; Culp sald. "We maY end up with a nrimarY in MaY for ev' eivthine Uirt ttre House and Sen' ati, and'then hold the legislative primary in August or SePtember' ithat rvoul<l he inl'8uess," show Senate districts that federal judges ordered rbdrawn. In Mecklenburg, the onlY courity where House and Senate districts were overturned, incum' ben! legislators reacted to the rul' ine with uncertainty. btennan said r'edrawing dls' trictb could throw RePs. Ruth Easterling and Jo Graham Foster into the iame district. Easterllng liveJ in Myers Park, within a mile of Foster, who lives near Freedom Park. Brennan lives nearby in Dll' worth. "I have no ldea how the dls' tricds will be drawn; we'll Just have to sit tight," said Easterllng' whd added that even if the courtt order single-member districts' she would run for a flfth term. Fbster said she had no obJectlon to the court ruling, and that lt would not change her Plans. Jim Richardson, a black Demo' crat who lost the House seat bY about 200 votes in 1982' aP plauded the ruling. "Mecklenburg has been Pretty fair," said Richardson, who is has filed for the House agaln. Statf Mao BY JOAN BALOWIN Mecklenburg County's SYstem Of At-Large Yoting Is Faulted' continued From Page lA elected to the city council of char' have run unsuccessfullv and no The differences between the lotte, but nir.i in numbers ie' black now serves on tire Senate I *.tiioAr oi selecting ia*mat<Jrs motely proportional to their.per' delegation"' - I and city council members is that, centage'oiifti iiiyt population," Aicording t.o court papers and I under the council district plan, the judges wrote. interviews ivith lawyers and leg- I two districts have a majority of .,ouri"ni iie*perioa lg45 to islators, there are at reast three I black voters 1975, wien trr'e council *ii bnti"1''rdiuecklenburg: l The judges pointed out that elected "ii-"i'fJg., tfacf.s .on.ti' ' o Eight House districts that I lines coutd be drawn to create at tuted sli'!o'-;i-'i*-;;;b;;ril6. *oura-i.-..equivalent to district I i;; ffi;ruiority uii.[-Hor.. From lgTi]t981, when the coun- representatio-n I districts in Mecklenburg County cit was'eiect-eO-bqlliiilV at-large 'o Three.tfo.use districts' two of I and one majority btack senate dis- ana partiait!*uv'aiiiiiilr, uracfs which would be made un of rre- |trict. iod zs"d%-'oi tt'" oistrici dominantlv u'tac.x^11i9!!9:l:".i: I The votes of black people living seats . . . . " '- that would elect one representa' I in those potential districts have - Tl.r. iuAges compared thlt,iumR tive each' The third district would ] been diluted, according to the in utact< iity iruri.ir ,eru"iiiiii be. .made. .r.p 9f pred.ominahtly I judges, because $re poie'ntiat ais. with blaJk "re-presentation in -inl white neighborhoods that would ' tricts have Ueen su6meig.a--it legiilative delegation. elect six reprsentatives' larger multimember, predomi- "ln-tf,ii ..ir-,irty, o". black-citi' ---J t*o House districts' onb of nsntlywhltedistricts.zentptrii"rieii];'".t*i.o.inrsez)predominantlyblackneighbor- The f ederal judges Friday tras 'Ueen -eieiieO to the State hoods that would elect two rqpre' stopped short of ordering district House J-nipiii.rtuiiu"t and one sentatives at'large' The other dis' representation tor rvrec[ienuuie;s ur"ir. ciiiieri has been elected to trict would be predominantly House and senare olstriCt.. the staie-i"n"ii irom trleckten- white and elect six represdnta' 1" dil tiiJv i6"f,Lo wit-h-pleasure uurg County . . . . 'l tiv-e-s-at'large' . on the effects that dtstrlct rcpre- "s.r#'l'tn.r'black citlzens had' : 'wttaterit ls 'done, the ,plan I sentation has had on the Charlotte previously run unsuccesstuttv ioi ITl.Cl::t^ bl1:It^,::.:q:,Xt-:.?t:'1; ' fiUffi.n:ii,'1u u' r,E v,q^rv!!w ;';l^ffiJ.;;j;; s.;;6 *einu., tunity "to. participate effectivelv ,,since world war II, blacks, (the tati rieo Alexander) in the political- processes and to who now constitute 3l% of the served...- r*in -1g75 to 1980: elect candidates of their choice"' ;'#,i'";o;;i;;i;;: l;i."e -L;;; si;aa then, two black citizens the judses said. I t_ =..-.---._ ffiIt C. Con sid,ers AppeoL In: Red,istricriif'C,ase Lo.sirrg Oneself BY KEN ALLEN Rahigh luralu RALEIGH - Support Srew among N.C. legislative lead' ers Monday to appeal a federal court's decision that seven legislatlve districts violate federal voting rights law and mu6t be redrawn. The nearness of the May 8 primary elections and the compllcations of redistricting contributed to the mood. Alsoin evidence was resistance on the part of some legisla- tors at the thouSht of being pushed around by the federal courts. "l'm gettinS tlred of the court system running the coun- try," sald state Sen. Ken Royall, D-Durham, a member ol the leglslrtlve leadership that will decide this week whether to app€al. In an oplnion issued Friday, a three-judge panel in the U.S. 4th Judicial Circuit concluded that five House districts and two Senate districts were drawn in such a way thal "black registered voters (are) being submerged as a votinS' minority." The iudges gave the General Assembly untit March 16 to draw new districts that concentrate the black vote and allow black voters to "elect the candidate of their choice." Mecklenburg's eight-seat House district and the four- seat Senate district that includes MecklenburS and Cabar- rus counties are among the districts the court said were unfairly drawn. The others are four House districts that represent For- syth County (Winston-Salem), Wake County (Ralei8h), Durham County (Durham) and Nash, Edgecombe and Wil- son counties east of Raleigh, and a Senate district covering all or part of nine counties in the northeast. All but the northeasl Senate district are multimember districts in which voters get to elect mOre than one person. The northeast Senate district has only one senator, but the judges found that the district line cuts through a large, predominantly black area, minimizing the black majorlty. If the state doesn't meet the judges'deadline in redraw- ing district lines, the federal courts could do so, Redistrlct- ing now would require a'special session oI the General Assembly, which several members ssld Monday they aren't eager to do with elections approaching and a one-month budget session scheduled to begin in mid-June. Attorneys for the General Assembly and the N.C. Justlce Department spent Monday preparing for both an app€al and a redistricting session. Mecklenburg Elections SupeM. sor Bill Culp sent new precinct material to Raleigh to be used in redistricting, , The lawyers are expected to meet today with Lt. Gov, Jimmy Green; House Speaker Liston Ramsey,, D.Madison; See STATE Next Page , .E p c C, @ o, tr) \l(o O) N (f) .t o F. (! (J (\. (o op q) .o !$trFo oF5(DS> g. (g -= E5 fit -- 5€ uRs5 .JF \ Move Ahead? The steepte terian Church in Charlotte, Alan Schafer ilIight Return To Prison By JIM WALSER i c&lil luau COLUMBIA - Former Dlllon County polltlcal boss Alan Schafer, the'milllonsire owner ol the South of the Border tourist complex who ple8ded Sullty ln l98l to vote-buying,.might return to prlson after 13 months of freedom.' The ,tth U.S. Circuit Court oI Appeals h8s set sslde a federal dlstrlct jud8e's rullnt that exempted Schafcr, 70, from servlnS the lost slx month6 ol an l8-month sentence for conspirecy and mail fraud ln rigglng the Jrine 1980 Dillon County Derhocratlc pri- mary. Schaler served a year in pdsbn. He left oh Dec. l{, IudSe Wslter Hoffman iuled the U.S. '"n had set an_ lmproper-parole dat€.Li..d rhe fsulty parole telephoto lens, appesrs to be State Considers , Contlnued From preeedlng page Royall and other legislatiie le-ad- ers to decide which course to fol.: low. . But either cours€ will probablv '.include a request ttrat ttri iuoo"J. 9.r thg- U.S. -supreme Court, s-tay. the effect of the order and alloi the prlmary to be held uuOei tf,"urrentdistrictplan. -? f,."i r.. "I think we'll move to stay the order as- regards the pri;rary, slnce -we're so close to -the pit- rilBt]," said Terry Sullivan, hiad oJ the general research section of the Legislatlve Services Dlvislon. - Accordlng to several offlcials lnvolved, appealing the case could lul th.e sllte enough time to get through this election year. Tliey would have reason to aigue for n'o clange tn the Novembei ceniiii Election if candldates naa been ie. le_cted by current districts in the May primary. _ Redist{ctlng in Mecklenburg, Forsyth, Durham and Wake coufr- ties could be accomptished with- out affectlng other parts of the state. But leglslative staffers are concerned about complications ln redrawing the northeastern senate district. Any changes would affect other districts and lnvolve most of the counties east of Raleigh. - The plan struck down by the three-judge federal panel wis the product of the regular General As- sembly session of lg8l and five special sessions. Apprqlff Court's Ruling If the-state elects to appeal the case and the U.S. Suprem-e Court 38rees t9 lr-ear it, an opinion could De months in coming. The General Assembty will return to Raleishfor its regutar sesston in ra-nriifij. when redistrtcting coutd b; E#; yp as part of the regular course of Iousrness. I -€ .'- * .^..q, i *J-!ta-- - Th.e. judges made thelr ruling ln a sujt brought by Ratph ci;gb: ;i .u.asmn-ia and argued by attornevs Iryeo by. the NAACp Legal Di- Iense and Education Fund,-includ- rng l:estie Winner of Charlotte, a candidate for the House. P A federal judge in Asheville is 'considering a motlon from the N.C. attorney general to refuse a request to over- turn the murder convictlon of J ames Hut. chlns. The state flled lts request Thursday in Ashevllle for conslderatlon by U.S. District' Judge Wood- row Jones. Hutchins, darG or its case probably wtll be sent to the Justice And in^ a cltv 9f 8,774 residents that is derinitery "nr,inil'-il,. ;;i;.iir;iry'f;;;il nearly-50/s-black but has no black clty neighboihoods to be represented and not council members, the issue is sure to be hoi. lusithe black neiehbofli6od.s.;; '-- Already, proponents are gath-ering stesm .Th._ fe$eral-fovernment would agreefor what could be a drawn-out fight.- - lvit!,-.!ou!nson i'no triJ aiiies. Hiii".i.iirv, But.some say- lt isrot a black-white is- -Jhet.S. Justice Department, wtrictr uno6is3g.fltey say the fighl.for.singte-melpbef the federat votlrig-hights Act i.;i;fi;ll districts is being waged by those w)*r-polit-. changes in voung'iretfr'oas, trai f;"d;;i.i;: lcal self-lnterest. / gte-member oistiicts. Th;' sfiffi;'r,,ii.iir But opponents like city council member' Tim Brown say city officials have never consciously discriminated against blacks and didn't in the recent hirings. _ "Nobody is opposed to hiring blacks," Brown said. "But the city is a business, and it," he said. "lt really showed that the prob- lem exists. That wouldn't have happened Ili., Lal mittc, to stu omme Mei cussec gle-mi tricts. with better representatlon.ll. *. fftll;?;:dfffiffi ffiilt ru*;l*fgr:iffi; Clwilengd Stalte,s lrist 'tats Lawyer Gratified By f)ecision - who kllled three law enlorcement'' offtceri tn Rutherford. county in ', q#t:#ITH gffi,*'*,ffi:i:rr**gfiffi murders. I'1"tffi1;,1=;g'l$:T1f ffiffi:i$**court. schools under orders ff#fi,t #lir",'.',t#'erl*i jJiff: Federal civil rlghts offlclals mlnorltles a better chance of get' have ordered tt"o sii.'"r"iJii"ifril t'T#t$ff;, was h coup ror the H.ff t#ffiif 'ffI"T,xi,f,?i:t' fii1lfii,fi,ffi,f'fu #fiT;tifiable classrooms r [:i,-ti*#j$;riitg-:tr 91 rfii,#Fdl#]'ffi;:: h$""';*,gt[f *X,l+li3}'Hi,},fl 3'Y:tr'?".x,?i'[:"J she said. "Districts have worked well on city council. The voters agree with that." Winner often mingles her polit lcal philosophy with her legal judgment, friends and colleagues say. Her friend Lark Hayes, a law- yer who worked with her for more than three years at Legal Servlces of Southern Piedmont Inc., sald Winner ls drawn to both law and politics. "Generally, one often sees law. yers that are elther challenged by law or the political nature of law. (Leslie). . . seems to be fueled by that dual motlvatlon. She's a two- burner lawyer," Hayes said. In the redistrictlng suit and her other work, ]Vinner said, she wants to make the politlcal sys. tem as open as lt can be for all citizens. "The best kind of gov. ernment ls the open kind of gov. ernment, wlth the broadest spec. trum of voices," Wlnner said. When the redlstrlctlng csse came to lawyer Julius Chambers, for whom Winner started work. ing in 1981, it was a natural that it went to her desk. She had lob- bied the General Assembly ln 1981, trying to salvage state Med- icaid benefits ordered cut by the Reagan administration. "I had worked on tegislative matters with Legal Services of North Carolina. I was familiar with the legislature. I basically understood what they were talk- ing about," she said. With her work on Medicaid, and for the plaintiffs of the redis- tricting suit, she said she is trying to help people, especially the dis- advantaged, articulate their needs and opinions. "The court system Is an exam. ple. People can't just get off the street and make effective kinds of arguments," she said. She said she learned how to be an effective advocate under one of her mentors, U.S. District Judge James McMillan. She was his law clerk in 1976-77. He taught her a precarious balance between mak. Leslie Winner lng changes and making waves, she said. "I view him as a very wise per. sgn, at once courageous enough to do what he thinks needs t6 be done, but not inclined to rock the !roa! a.nX more than necessary todo what needs to be accbm- plished," she said. Judge McMillan said he learned from Winner as much as she learned from him. "I'd claim her for a daughter," he said. .,She's done so many consistently good things." ih An Abh'eviile'natlve, she is an ..lmmediate past president of the "N.C. Association of -Women Attor-'lgys: Earlier this month, she an- nounced for a state House seat as "g.Democrat. There's atreaoi -i {eEber named Winner ln the GcrctAl..:Assembly; her olaei trotlar,Dennls,. is i senatu,from BttnOomhe l.arrnrr ffiffiflg;i4,#'*i fri,4 .1..i. ,1i,.i Hutchlns