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April 25, 2018
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April 26, 2018
A Louisiana House committee voted 5 to 3 Wednesday to kill a bill that would have likely ended litigation in federal court by ending at-large voting for judges in Terrebonne Parish.
The House and Governmental Affairs Committee heard testimony for more than 90 minutes from supporters of the bill, HB-861 by Rep. Randal Gaines, chairman of the Black Legislative Caucus.
Members of the Terrebonne delegation chose not to file such a bill, which addresses a federal judge’s finding that Louisiana, by mandating at-large voting for judges in Terrebonne, has violated the U.S. Voting Rights Act for 50 years and counting.
U.S. District Court Judge Shelly Dick, who now has the case, like the late Judge James Brady before her, allowed for a legislative solution.
Attorney General Jeff Landry, whose office took no position on the bill at the hearing, has hired out-of-state counsel at an as-yet undisclosed cost to the public to fight the ruling, presumably up to the U.S. Supreme Court. If Judge Dick, as she is expected to, imposes a ruling, the next stop for Landry would be the U.S. 5th Circuit Court of Appeals.
Terrebonne Parish President Gordon Dove, who testified at the hearing, said afterward that what he wishes to see is for the Court of Appeals to review Judge Brady’s decision, and any action taken by Judge Dick.
“I want to vacate that ruling that Terrebonne for forty or fifty years intentionally discriminated,” Dove said. “I believe that should be heard again.”
Asked if he thought Terrebonne Parish had discriminatory practices in 1968, Dove said that he was not around at that time, but that things were not as bad as people make them out to be, noting that he went to integrated schools.
“I was integrated into Southdown School,” he said. “Then to Terrebonne High. Did you have racial tensions over certain events? Yes. But today people still riot. It was no different back them.
He noted that there are two black members of the Terrebonne Parish Council and that there is a black School Board member, and expressed a belief that even if their districts were not specially-drawn minority districts all would win an election today.
Dove also bristled at the continued claim by the plaintiffs in the court case — and by the sponsor of the bill — that the election of Judge Juan Pickett, who is black, to the Terrebonne bench does not alter the circumstances.
Terrebonne NAACP President Jerome Boykin said he expected the bill to fail but that an attempt had to be made.
“Just like the courts had to integrate the council and the school board the 32nd Judicial District will be no different than that. The legislators are not willing to do the right thing. We knew the deck was stacked against us. And we still feel that are going to prevail in our fight to create a minority district in Terrebonne Parish. Gordon Dove and all the other ones are out to do everything they can to destroy the minority district for Terrebonne Parish. It’s a continued fight. We are going back to the court. They had an opportunity to make it right. They didn’t take advantage of it and now the court has to do so.”
Leah Aden, an attorney for the New York-based NAACP Legal Defense and Education Fund, which represents the plaintiffs in the case, said arguments brought up in the committee hearing by opponents of the bill were already decided by the court.
“This is a sheer act of defiance,” Aden said. “We sought an alternative that was endorsed by the court and even that is not enough to get enough people to represent the interests of Terrebonne’s black citizens. We are grateful to Rep. Gaines for doing what no member of the local delegation was willing to do, which was to represent Terrebonne’s black citizens.”
All sides are expected to return to Judge Dick’s courtroom in June.
BELOW IS THE TRANSCRIPT OF THE TIMES LIVE BLOG OF THE HEARING.
HOUSE HEARING ON BILL TO DIVIDE TERREBONNE INTO 5 JUDICIAL SUBDISTRICTS HR 861 filed by Rep. Randal Gaines has failed. A live blog of the hearing follow below. A full story will be filed later today.
THE BILL WAS KILLED BY A ROLL CALL VOTE OF THE COMMITTEE. THIS MEANS THE STATE OF LOUISIANA THROUGH ITS LEGISLATURE WILL NOT BE FORGING A REMEDY TO THE RULING OF JUDGE BRADY IN NAACP V. EDWARDS. A FEDERAL JUDGE WILL NOW IMPOSE HER REMEDY TO THE BILL.
Rep. Gary Carter moves to have the bill presented favorably.
Rep. Jenkins asks if Rep. Gaines will allow amendments to be made between passage out of committee. Rep. Gaines says he is open to discussing a model acceptable to both sides, so long as it is acceptable to the court.
Rep. Gaines says the defendants have a right to appeal even if the legisation passes. The judge found there was discriminatory intent and discriminatory impact. He wanted the legislature to create a ruling. The legislature, the judge found, has a duty to redistrict state courts and it is their job. Two federal judges said they want the legislature to forge a remedy. There has been an opportunity … there has been an opportunity for the Terrebonne leadership to come to the table. It is not surprising that no effort has been made. It is a matter of defiance against creating a black district, Rep. Gaines said. It took 12 years for schools to be segregated after Brown vs. Board of Education.
Parish President Gordon Dove and Parish Attorney Julius Hebert sit at the witness table.
Mr. Hebert says this is a hard decision for Terrebonne Parish. The judge’s finding of intentional discrimination, he says, casts a stone on the entire parish. “It is our position that the case should go to the appellate court, which is a right that should be honored, to go to the appellate court which will be more scholastic and which will have six pairs of eyes.”
President Dove says there is a minority judge in Terrebonne Parish, Juan Pickett.
Judge Pickett said this was not conveniently done, as alleged.
Let us go to the appeals court and we want the ruling vacated that says Terrebonne Parish intentionally discriminated. The parish has minority council members and school board members.
“Kill this bill and let us go to the appeals court.”
This, he says, is how the system works.
Rep. Morris Jay asks why this is needed since Terrebonne has a black judge, the Hon. Juan Pickett. Rep. Gaines notes that Pickett was elected in an unopposed election, that it was an isolated situation that does not remedy what was presented to the court. There is a mindset against the system being a fair system. Judge Pickett’s unopposed election, he says, is not a fair test. Rep. Jay says he has found that if someone runs unopposed it is because they are a strong candidate.
Rep. Danahay notes that there are split precincts in the proposed map of subdistricts. Rep. Gaines says that if the Terrebonne delegations wishes to put together a more workable plan it can be done, if the bill comes out of committee.
This has been opposed for 20 years by leadership in Terrebonne Parish, Gaines notes, which is why nobody from the local delegation has given support to this bill.
Ernest Johnson, former Louisiana NAACP head who is also on the national committee of the NAACP speaks to prior, similar cases that resulted in creation of minority judicial subdistricts.
“The fight continues in areas such as Terrebonne Parish,” he said. “The Voting Rights Act was set up for voters, not necessarily the elected officials.
The courts don’t like to impose the court’s will on the people … the courts give the legislative body the right to speak. The court has spoken and found liability and this is the will of the people before you today. If the will of the people is not followed the court will impose a remedy, he explains.
The African-American voters would like to participate in voting in a subdistrict … “I pray that you would do the right thing and support Rep. Gaines’ bill.”
Rep. Jenkins notes that the committee may go ahead and act without a judgement being entered by the judge. He asks if there has been an effort to forge a remedy. Asst. AG Whale says he is not certain.
Jeffrey Wale, Assistant Attorney General, gives committee a run-down on the case. Because there has been no final judgement in the case it cannot be appealed. It is the attorney general’s desire to appeal to the 5th Circuit US Court of Appeals. Since it involves pending litigation Wale refuses to discuss more details.
Asst. Attorney General does not have the date of a scheduled status conference.
Rep. Jenkins asks how closely the proposed district would track districts now held by minority school board members and council members. Rep. Gaines says it does, noting that the issue was brought up in the trial, at which the judge said a compact district could be formed,
Lewis says opposition to judge’s finding in Terrebonne case is laying the groundwork to destroy the Voting Rights Act in the courts. He appeals to legislators sitting on panel to relate that to their own experience. He notes a valiant attempt by former House Speaker Hunt Downer to craft a solution to the problem, which was also ignored.
Attorney Anthony Lewis now testifies, detailing his experience with past attempts of adding judges or in other ways creating a minority district for electing one judge. He notes that in 1968 the district was created in a way that he alleges purposely diluted voter strength
Boykin notes former Judge Timothy Ellender’s appearance in blackface and subsequent re-election. Although Boykin mentions pig feet being thrown to black spectators during a Carnival parade, The Times notes that we found they were thrown at various locations
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Jerome Boykin testifies. Instead of locals wanting to do the right thing after the judge’s decision and spending taxpayer dollars to fund the fight against it is described as folly by Boykin. He says he is asking the committee do the right thing for back residents of Terrebonne. The state has been creating minority districts for over 35 years. Just because the local judges have said that it’s okay to keep things the way they are, Boykin maintains, is not reason enough for the committee to reject the bill.
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Wayne Thibodeaux says local legislators failing to respond to the judge’s order is shameful.
Black people do not have effective representation, said Thibodeaux. The steadfast refusal to acknowledge institutional disenfranchisement circumvents the voting rights act and the voting rights of black people in Terrebonne Parish.
Attorney Anthony Lewis coming to the table now
Rep. Gaines says there were six legislative attempts overall since 1997 and it was opposed by leadership six times. This is the seventh attempt to present a remedy. The judge said a legislative remedy is preferable. “It is our responsibility to create a remedy”
REP GAINES IS COMING TO THE TABLE NOW TO SPEAK TO HIS BILL. IT BEGINS
Committee still hearing some other matters. Please be patient. Anyone present in the committee room wishing to share a thought or two feel free to text me’ at 9854139889
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Among supporters of the bill in attendance are Leah Aden of the NAACP Legal Defense & Education Fund, who successfully led the case decided by the late Judge Brady … Houma attorneys Anthony Lewis and Kevin Thompson, former councilman and Houma Housing Authority director Wayne Thibodaux, all present, as well as NAACP President Jerome Boykin, and former state NAACP Director Ernest Johnson. Former Terrebonne Councilman Alvin Tillman is present as are several members of the Terrebonne NAACP.
Members of Attorney General Jeff Landry’s staff are present in the committee room. The attorney general was a defendant in the case. Counsel for Gov. Jon Bel Edwards is not present.
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Update 10:25 a.m. Parish President Dove and some staff members sitting right up front – I sent them a hello via text and Gordie waved. The parish was NOT a party to the litigation although Dove wanted us to be. He maintains that he wants a seat at the table and he certainly will have one today.
Update: 9:58 a.m.
The committee session started a little before 10 a.m. Among those present in the committee room is Parish President Gordon Dove. When he was a state representative Dove gave passionate opposition to similar bill, in 2011. That bill provided for only one subdistrict.
The Terrebonne NAACP and its leaders, plaintiffs in the federal case, maintain that for years even before that every attempt to create a minority judgeship provision in the parish has been shot down, whether by local judges, legislators or others in power.
Parish President Dove testified at the trial as a witness for the state and the attorney general, as did several parish judges and lawyers.
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Update: 9:45 a.m.
In just few minutes the House and Governmental Affairs Committee of the Louisiana House of Representatives will begin its morning meeting. HB861, what some call the “Minority Judgeship” bill, will be discussed by the committee.
Supporters of the bill say it will bring Terrebonne Parish into compliance with the U.S. Voting Rights Act by seeing to it that black voices count in the area of judicial selection. Currently all five of the parish’s judges are elected at large — by the entire parish — rather than by districts.
The late U.S. District Judge James Brady found that the at-large scheme as used in Terrebonne for judges violates the law, and that it was intentionally engineered that way.
Brady’s successor, Judge Shelly Dick, has told the litigants to fix it. Passage of HB 861 could be that fix, in which case the litigation could be completed. If the state does not find a way to comply with the law, Judge Dick can choose a plan for judicial elections in Terrebonne according to her own reasoning.
Opponents of HB 861 say it “balkanizes” the parish, splitting it up unrealistically into subdistricts, creating a situation that will be racially divisive, and that will cause Terrebonne Parish and the state needless cost.
Supporter say high cost is the result of the state fighting a solution — in particular they point to Attorney General Jeff Landry.
No one in the Terrebonne delegation has indicated support of the bill. It was filed by Rep. Gaines because he is the chairman of the Black Legislative Caucus.
Stay close to The Times this morning. I shall be filing short takes on the committee meeting once it has begun. If you have any questions email john@rushing-meda.com
