Correspondence from Winner to Leonard; Plaintiffs' Motion for Permanent Relief

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FERGUSON, WATT, WALLAS & ADKINS, P.A.

ATTORNEYS AT LAW

SUITE 730 EAST INDEPENOENCE PLAZ,A

95I SOUTH INDEPENOENCE BOULEVARD

CHARLOTTE, NORTH CAROLINA 2A2O2
TELEPHONE (704) 375.846 r

October 21, L985

JAMES E, FERGUSON. II

MELVIN L. WATT

JONATHAN WALLAS

KARL ADKINS

YVONNE MIMS EVANS

JOHN W GRESHAM

LESLIE J, WINNER

JOHN T. NOCKLEBY

GERALDINE SUMTER

FRANK E, EMORY JR.

THOMAS M, STERN

The Honorable J. Rich treonard, Clerk
United States District Court
For the Eastern District of North CaroLina
Post Office Box 25670
Raleigh, North Carolina 276L1

Re: Gingles v. Thornburg
81.-803-CrV-3

Dear Mr. Leonard:

Please find enclosed five (5) copies of pLaintiffst Motion for
Permanent Relief in the above-referenced matter.

r would appreciate your returning a *filed* copy to me in the
enclosed envel-ope.

By copy of this letter, I am serving opposing counsel with a
copy of this document.

Thank you for your assj-stance.

Sincerely,

Wr;'
Winner

LJW: acw
Enclosures
ccs Mr. James Wa11ace, Jr.

Ms. Kath1een Heenan McGuan
Mr. C. Al1en Foster

boc'. fu,Lr, urr' $qr nr e fl-



UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA

RALEIGH DTVISION

NO. B1-803-CrV-5

RALPH GTNGLES, et aI.,

Plaintiffs,

V. ) PLATNTTFFS ' MOTION FOR
) pERMANENT RELIEF

LACY H. THORNBURG, et a1., )

)
Defendants. )

Praintiffs in the above captioned action request that the
Court enter an order establishing a permanent method of election
for the representatives to the North carorina House of
Representatives from wilson, Edgecomb and Nash counties.
Praintiffs specifically reguest that the court adopt the

temporary remedy contained in its october 30, r9g4 order as a

permanent injunction.
fn support of this Motion plaintiffs say:

1. On January 2'7, 1985, this Court entered an Order

enjoining defendants from conducting elections for former House

District #8 using the then existent at large method of election.
House District #B consisted of wilson, Edgecomb and Nash

Counties.

2. on March L2, 1983, defendants submitted to the court a

proposed remedy for these counties. See Defendants, Exhibits 73

end 77. As Wilson, Edgecomb and Nash Counties are jurisdictions
covered under section 5 of the voting Rights Act, 42 u.s.c.



S r973c, the court deferred ruring on the proposed remedy for
these counties pending preclearance by the Attorney General of
the United States. See Supplemental Opinion (April- 20, I9g3) at
7-8.

3- on september 21, 1984, praintiffs moved for further
relief reguesting that the Court order defendants to conduct the
1984 erection for representatives to the House from these

counties pursuant to a court-ordered singre member district
plan. As of that date, defendants' proposed plan had not been

precleared.

4. on october l, 1984, the Attorney Generar of the united
States, acting through the Assistant Attorney General for CiviI
Rights, entered an objectionr pursudnt to Section 5 of the

Voting Rights Act, 42 u.s.c. S 1973c, to the House Districts
which defendants had proposed for these counties. see

Plaintiffs' Exhibit 100.

5. Defendants have not sought a declaratory judgment from

the United States District Court for the District of Columbia

preclearing defendants' proposed remedy, nor has the Attorney
General withdrawn his objection.

6. On October 30, 1985, the Court entered an Order

establishing four single member election districts for use in
Wilson, Edgecomb, and Nash Counties and establishing an election
schedule for elections for a two year term of office.

7. Elections l^rere held as scheduled in these three

counties, with representatives erected from Districts 8, 70, 7L

and 72 as ordered by the Court.

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8. The North Carolina General Assembly convened in
February, 1985 and adjourned in July, r985, but did not adopt

any alternative proposed election method or districting of
WiIson, Edgecomb and Nash Counties. The North Carolina General

Assembly wiII not reconvene until June, 1986.

9. Elections are scheduled to be held for the North

carorina Generar Assembry in 1986 with candidate firing
scheduled in January, 1986 and a primary election scheduled for
May, I986. See N.C.c. S. SSf63-1 (b) and I63-I06 (c ).

IO. There currently exists no 1egally enforceable method of
electing representatives to the North carorina House of
Representatives from wilson, Edgecomb and Nash counties. The

method defendants enacted in LgB2 r^ras declared to be in
violation of Section 2 of the Voting Rights Act and defendants

have been enjoined from using it; the Attorney General objected

to the districting which defendants enacted in March, l9g4

pursuant to section 5 of the Voting Rights Act; praintiffs
interpret the court's order of october 30, r9B4 to appry only to
the elections for the 1985 Session of the North Carolina General

Assembry; and defendants have failed to enact or submit to the

court any alternative districting or method of erection for
Representatives from these counties.

1r. rn order for the citizens of these countries to have

representatives to the North Carolina Hourse of Representatives,

erected in a timely and orderly fashion, this court must enter

an order specifying election districts to be used in the I986

erections. As defendants have had ampre opportunity to propose

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an arternative remedy and have failed to do sor the court,s
order should reguire that these districts be used in subseguent

elections as weII.

For the reasons set out above, and for the reasons stated in
plaintiffs' Memorandum in Support of Motion for Further Relief
(fired september 21, 1984), praintiffs reguest that the court
enter an order enjoining defendants to use election districts
for Wilson, Edgecomb, and Nash Counties for the 19g6 and

subseguent elections as set out in praintiffs, Exhibit 93, as

modified in paragraph rr of praintiffs' Motion for Further
Relief (September 21, I9B4), and as adopted in the Order of this
Court dated October 30, I984.

This tfre 2L day of October, 1995.

Respectfully submitted,

Adkins, PA
Suite 730 East fndependence plaza
951 South Independence Boulevard
Charlotte, North Carolina 28202
704/375-846l.

J. LEVONNE CHAMBERS
LANI GUINER
99 Hudson Street
I6th Floor
New Yorkr New York 10013

Attorneys for Plaintiffs

I
LESI/TE J. WITNNER

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CERTTFTCAIE OF_SERVTCE

r certify that r have served the foregoing PLATNTTFFS '

MorroN FoR PERMANENT RELTEF on a1r parties by pracing a copy

thereof enclosed in a postage prepaid properry addressed wrapper

in a post office or office depository under the exclusive care

and custody of the United States postal Service, addressed to:
Mr. James WaIIace, Jr.
Deputy Attorney General for Legal

Affairs
North Carolina Department of Justice
Post Office Box 69
Ra'leigh, North Carolina 27602

Ms. Kathleen Heenan McGuan
Leonard & Mccuan, P.A.
900 ITth Street, N.W., Suite t02O
Washington, DC 20006

Mr. C. Allen Foster
Foster, Conner, Robson & Gumbiner, p.A.
104 North Elm Street
Greensboro, North Carolina 27401

This tne 2t day of __{o$ru. , 1985.

?Laa L 11,,,,,*.r
LESIIE J. UINNER

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