LAST year, a federal district judge in Texas ruled that Texas'
system of electing state district court judges dilutes the voting
strength of minorities. The judge ruled the Texas system, first
established in 1861, was not intentionally discriminatory but has
the effect of being discriminatory, putting the state in unknowing
violation of the federal Voting Rights Act.
The federal district judge's contention that elected judges are
covered by the Voting Rights Act was later overturned by the federal
circuit court in New Orleans. But last week the US Supreme Court
agreed with the district judge, reversing the Fifth Circuit Court.
The Supreme Court ruled 6 to 3 that if a state elects its trial
judges, as Texas and seven other states do, such elections must be
in compliance with the federal Voting Rights Act, passed by Congress
in 1965 and intended to end racial discrimination in voting.
"Judicial elections are not categorically excluded" from the act,
wrote Justice John Paul Stevens in the court's majority opinion.
The voting act
The court did not declare Texas' judicial election system to be
in violation of the act; it simply said that any judicial elections
are covered by the voting act. Therefore, if the case returns to the
Fifth Circuit Court or the federal district court and is again found
in violation of the act, the state's judiciary branch could find
itself under federal court control.
The court's decision has the plaintiffs hoping the state will
soon elect judges from single-member districts, with some district
lines specially drawn to ensure a minority candidate's success.
Others are hoping the decision will move the state away from
costly judicial campaigns toward judges appointed by the governor.
Dispute over lack of minority representation among the state's
district judges began in 1988, when the League of United Latin
American Citizens (LULAC), representing both Hispanic and
African-American plaintiffs, took the state to court. The case
focused on state district judge elections in 10 of Texas' most
LULAC alleged Texas' method of electing many judges from at-large
districts prevents minority candidates from winning elections
against white candidates, says Rolando Rios, lead attorney for the
In Bexar County, the minority population of the city of San
Antonio is more than 60 percent, and Hispanics account for most of
that. There are 19 judges elected on a countywide basis. At the
time of the trial, five judges were Hispanic, none were black. …