Thursday, March 11, 1999
Court urged to alter judicial voting
Black judges kept out, appeal says
BY BEN L. KAUFMAN
The Cincinnati Enquirer
White bloc voting prevents blacks from electing judges of their choice in urban Ohio counties, attorney James L. Hardiman told a federal appellate panel Wednesday.
White votes not only overwhelm black votes, he said, but this history of defeats has a “chilling effect” on the willingness of African-Americans to run for judgeships and voter choices.
As a result, blacks are “woefully” underrepresented on ur ban Ohio municipal, common pleas and appellate courts, Mr. Hardiman said, and this reality violates the Voting Rights Act.
Mr. Hardiman represents black voters challenging countywide ballots in Hamilton and other urban counties.
None of that is true, countered N. Victor Goodman, who represents the state, but even if it were, there is no court-approved remedy.
The two lawyers were making their best case during oral arguments before the U.S. Court of Appeals for the 6th Circuit in Cincinnati.
They were there because U.S. District Judge George Smith in Columbus rejected the black voters' complaint and Mr. Hardiman's clients wouldn't accept defeat.
Mr. Hardiman asked 6th Cir cuit Judges Eugene E. Siler Jr., Martha Craig Daughtrey and Ronald Lee Gilman to overturn that verdict and return the case to Judge Smith to craft an alternative electoral system.
Mr. Goodman urged the 6th Circuit to affirm Judge Smith, saying “minority preferred” candidates frequently are elected when they are backed by the dominant party.
The law, he added, does not require the minority preferred candidate to be black.
It could be months before the panel hands down its ruling.
In Hamilton County, the statewide case includes the 20-judge common pleas court and the six-judge 1st District Court of Appeals. No black judge sits on the appellate court and one holds a common pleas judgeship.
In other urban counties, the suit includes municipal courts. Not in Hamilton County where the municipal court is unique.
Earlier, similar litigation led to creation of seven judicial districts, including two with enough black voters to assure the election of black municipal court judges.
That contradicts Mr. Goodman's claim there is no workable remedy to Ohio's “long and rich history of racism,” Mr. Hardiman said.
But Mr. Goodman said courts steadfastly have refused to order redistricting to resolve black complaints of vote dilution in judicial elections in predominantly white urban counties.
Only a politically dictated settlement led to the municipal court deal and no other Ohio urban county has emulated Hamilton County, Mr. Goodman responded.
Finally, Mr. Goodman said, there is no proof that countywide voting has a “chilling effect” on black judicial aspirations or voters.
He said Mr. Hardiman is seeking judges in numbers proportional to African-Americans in the voting population and that's not allowed by the Voting Rights Act.
The act assures African-Americans the right to register, vote, run and otherwise participate in elections, but it does not guarantee them a certain number of black judges, Mr. Goodman said.
White bloc voting dilutes that right, Mr. Hardiman countered. “In order to win, you've got to be an exception,” and that's not good enough.
Recycle plan: Old clothes make new life
VD rate for teens soars in Tristate
Q & A about sex and risks
Most local school districts too 'rich' for funds
School officials find funding formula complicated
Charges toughened against driver
Driver pleads not guilty in 3 deaths
Jail officer facing sex charges was a felon
Mother sues city after cruiser hit, killed son during chase
National chain plans antiques mall in Tricounty
The meaning of Mecca
Caregivers send cry for help
Sabin Center expansion foes get hearing
Where to build jail? How about 100 miles away?
Actress proves show must go on
Chaim Soutine painting given to Cincinnati Art Museum
Technology makes cleanup of Fernald 'can't-miss' project
Tylenol overdose ends trial
Young star adapts to 'Tavern'
GOP in search mode for Lucas challenger
Church fights zoning ruling
City pushed to add snow equipment
City wants help fixing rail tracks
Cold Spring planners reject development
Court hears accounts of sex abuse of children
Court urged to alter judicial voting
Firemen's discipline undecided
Kenton Co. officials still face liability in inmate's death
Kidnap suspect charged
Lincoln Heights loses manager
Ludlow police, city battle over check
Neighbors don't want Butler jail
New charges in Covington bank robbery
'Read With Me' drive helps kids
Shirey, FOP want to keep target range
TRISTATE DIGEST
