Concerned Citizens for Equality v. McDonald

• Decision Date: 29 September 1994
• Docket Number: No. 92-CV-241.,92-CV-241.
• Citation: 863 F. Supp. 393
• Parties: CONCERNED CITIZENS FOR EQUALITY, v. John McDONALD, et al.
• Court: U.S. District Court — Eastern District of Texas

863 F. Supp. 393

CONCERNED CITIZENS FOR EQUALITY, v. John McDONALD, et al.

No. 92-CV-241.

United States District Court, E.D. Texas, Beaumont Division.

September 29, 1994.

Louis Dugas Jr., Orange, TX, H.D. Pate, Bridge City, TX, for plaintiff.

John P. Kimbrough, Donald B. Kelley, Orange, TX, for defendant.

OPINION ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT

HINES, United States Magistrate Judge.

This civil action for declaratory and injunctive relief challenges Orange County, Texas's procedures for electing justices of the peace and constables. The four-precinct, single member structure is alleged to violate federal constitutional and statutory requirements prohibiting discrimination on account of race. The principal remedy sought is an injunction that requires creation of a fifth justice precinct in a portion of the county where black citizens are concentrated.

Cross motions for summary judgment are pending.

I. NATURE OF THE CASE; PROCEEDINGS TO DATE

This lawsuit was filed on June 16, 1992. Plaintiff is an unincorporated association consisting of a group of adult black citizens and qualified voters in Orange County, Texas.¹ Plaintiff invokes federal question jurisdiction under the Fourteenth and Fifteenth Amendments to the United States Constitution, and under the Voting Rights Act 42 U.S.C. §§ 1971-1975d and the Civil Rights Act of 1871 42 U.S.C. § 1983.

Defendants are John McDonald, Ron Sigler, Marcelle Adams, Donald Cole, and Kell Bradford. These persons, respectively, are the county judge and incumbent commissioners of Orange County, Texas.²

For nine months after filing, the case gestated through routine pre-trial proceedings. A management conference was convened on September 30, 1992. Following the management conference, a docket control order was entered which called for case preparation to be completed by March 1, 1993. A non-jury trial was scheduled for April 1, 1993.

Two days before trial, defendants moved for a continuance. Before action on the motion was taken, plaintiff and defendants consented for this action to be tried and for judgment to be entered by a United States magistrate judge.³

From April, 1993 to date, the court has convened regular status conferences and ruled upon pending motions. The conferences and rulings helped the parties identify a pivotal issue of law affecting the primary Voting Rights Act claim.⁴

The pivotal issue is whether plaintiff can maintain a challenge to the size of a government body, such as the Orange County fourprecinct procedure for justices of the peace and constables. The parties have entered relevant stipulations of fact. The issue has been put to the court on cross-motions for summary judgment.

While the cross-motions were under active consideration, the court learned that this issue was pending before the United States Supreme Court. By order dated October 4, 1993, further action was stayed pending the Supreme Court's disposition of Hall v. Holder, 955 F.2d 1563 (11th Cir.1992), cert. granted, ___ U.S. ___, 113 S.Ct. 1382, 122 L.Ed.2d 758 (1993). Pursuant to the Court's decision in Holder v. Hall, ___ U.S. ___, 114 S.Ct. 2581, 129 L.Ed.2d 687 (1994), this case is ripe for disposition.

II. FACTUAL BACKGROUND

This controversy arises from unique facts. They are not essential to disposition of pending motions, but are appropriately included to enable consideration of legal issues in historical perspective.

Most of the recited "facts" are gleaned from newspaper articles. On March 29, 1993, plaintiff moved for judicial notice of facts reported in the articles. See Plaintiff's First Request for Judicial Notice as to Law and Judicial Decisions 6-9. Defendants do not oppose the motion, and the court therefore assumes there is no significant controversy about historical accuracy of the newspaper accounts. For summary judgment purposes only, the court views the newspaper articles as substantially correct.

A. Redistricting the Commissioners Precincts

In Texas, legislative functions at the county level are performed by a "commissioners court," which consists of the county judge and four county commissioners.⁵ Completion of the 1990 decennial census resulted in an effort of Orange County, Texas to redistrict its four commissioners precincts.⁶

In July, 1991, Orange County had one black commissioner, Joe Ware, Jr., of Precinct 1. Commissioner Ware was working with a group then called Concerned Citizens Committee ("Concerned Citizens") to redistrict Precinct 1. The avowed purpose of this committee was to give minorities a greater chance of victory should they run for posts in Precinct 1 at any time in the next ten years, not to help Ware get re-elected. Ware cited the elected positions of justice of the peace and constable as examples. Debi D. Butler, Redistricting Help Rejected, ORANGE LEADER, July 1, 1991, at 1A, 2A.

All commissioners were involved in the redistricting project. County Judge McDonald twice proposed to hire an outside consultant to help with precinct redistricting. The motion failed once, and on the second attempt died for lack of a second. Id. at 1A.

At the same meeting, the commissioners voted unanimously to bring the redistricting plan proposed by Concerned Citizens to a public hearing. Commissioner Burns expressed no opposition to proposed changes in Precinct 1, but was angered by Concerned Citizens' proposal to take voting box 29 from Precinct 2 to Precinct 3. McDonald, meanwhile, had his own plan. McDonald's plan would result in all precinct lines staying the same, except that Rose City would return to Precinct 4. Id.

For a while, members of the commissioners court were able to agree upon changes generally satisfactory to all concerns. On September 27, 1991, the commissioners court unanimously approved a compromise commissioners precinct redistricting plan framed by Precinct 3 commissioner Burns. Under the plan, Precinct 1 acquired more than 400 minority residents, resulting in 91.16% of Orange County's black residents being in Precinct 1. Burns commented, "It's been a give and take on all our parts." Ware stated, "The plan may not be the best, but it's a good plan." Orange County Redistricting Plan Packs Blacks into Precinct 1, OPPORTUNITY VALLEY NEWS, Oct. 2, 1991, at 1.

Essie Bellfield, a Concerned Citizens member, congratulated the commissioners court, "We've always come up to tell you negative things or to fuss at you. I do want to say to Judge McDonald, Commissioner Burns and Commissioner Ware that you've really worked together." Debi D. Butler, New Precinct Lines Approved, ORANGE LEADER, Sept. 27, 1991, at 1A, 2A.

B. The Call for a Place 2 Justice and Constable

At that harmonious event, Velma Jeter, a Concerned Citizens member and president emeritus of the Orange chapter of NAACP, stated that Concerned Citizens had one more request, that another line be drawn within Precinct 1 for a Place 2 justice of the peace and constable. She contended that subdivision of the commissioner precinct into two justice/constable places would enable black citizens to elect a black justice and constable. She also suggested, "It won't cost one more penny." Committee Wants Another Precinct, OPPORTUNITY VALLEY NEWS, Oct. 2, 1991, at 1.

McDonald and Commissioner Bradford expressed doubts about the no-cost financial projections. Bradford estimated initial costs at $150,000 for the first year. Ware estimated $120,000, but contended that revenue received would offset the costs. Indeed, Ware stated that he would not support the proposal were it to cost the county.

Jeter and Bellfield, who was a prospective candidate for justice of the peace in the proposed Place 2 position, asked that a statement be included in the county's application for United States Justice Department preclearance of the commissioners' precinct redistricting plan that the Place 2 justice/constable positions would be created if legal. McDonald was unwilling to give such a guarantee, but committed himself to work with Ware to inquire about legalities and realistic costs of the proposal.⁷

The issue was revisited at a commissioners court workshop on Friday, October 25, 1991. McDonald, who stated that he still was not taking a position for or against the proposal, produced information about substantial operational deficits incurred in the existing Precinct 1 justice and constable offices. He also reported that Precinct 1 appeared not to qualify under state law for a Place 2 justice position.⁸ Ware disputed McDonald's figures, and Louis Dugas, an attorney for Concerned Citizens, argued against putting a price on justice. Rebecca Shockley, Precinct Plan Criticized, BEAUMONT ENTER., Oct. 26, 1991, at 1B.

C. Revised Request: A Fifth Justice Precinct

The commissioners court convened another public hearing on October 30, 1991. A Concerned Citizens spokesperson announced that the request for a Place 2 justice and constable was being revised so that the group now requested creation of a fifth justice precinct. The fifth justice precinct would be created entirely from within Commissioner Precinct 1, and would be bounded on the north by Interstate Highway 10, on the east by the Sabine River, on the south by Alabama Street, and on the west by Adams Bayou. Rebecca Shockley, Group Turns up Pressure on County, BEAUMONT ENTER., Oct. 31, 1991, at 1B hereinafter Group Turns up Pressure. Ware stated the reason for the revision was that creation of a Place 2 justice position would not allow more than one constable.⁹

Discussion ensued. Issues of cost and legality were revisited. Reverend Robert Gipson, however, introduced a new reason for the minority community's demands, viz., the need for crime control.¹⁰ McDonald contended that an additional constable precinct would not lower crime in Orange County, as such is the province of the Orange County Police Department.¹¹

D. An Illusory Solution

A breakthrough occurred on November 1. McDonald, after additional discussions with Ware and further...