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- Subject: HOUSTON LAWYERS' ASSN. v. TEXAS ATTORNEY GEN., Syllabus
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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- HOUSTON LAWYERS' ASSOCIATION et al. v. ATTORNEY GENERAL OF TEXAS et al.
-
- certiorari to the united states court of appeals for the fifth circuit
-
- No. 90-813. Argued April 22, 1991 -- Decided June 20, 1991 {1}
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- Texas district courts are the State's trial courts of general jurisdiction.
- Their judges are elected from electoral districts consisting of one or more
- entire counties. The number of judges in each district varies, but each is
- elected by voters in the district in which he or she sits, pursuant to an
- at-large, district-wide scheme, and must be a resident of that district.
- Although several judicial candidates in the same district may be running in
- the same election, each runs for a separately numbered position. In the
- primary, the winner must receive a majority of votes, but in the general
- election the candidate with the highest number of votes for a particular
- numbered position is elected. Petitioners in No. 90-974, local chapters of
- the League of United Latin American Citizens -- an organization composed of
- Mexican-American and African-American Texas residents and others -- filed
- suit in the District Court against respondents, the State Attorney General
- and other officials, alleging that the electoral scheme in 10 counties
- diluted the voting strength of African-American and Hispanic voters in
- violation of, inter alia, MDRV 2 of the Voting Rights Act of 1965.
- Petitioners in No. 90-813 -- the Houston Lawyers' Association, an
- organization of African-American attorneys registered to vote in one of the
- 10 counties, and others -- intervened in support of the original
- plaintiffs. The District Court ruled in petitioners' favor and granted
- interim relief for the 1990 election. The Court of Appeals reversed,
- holding that judicial elections are not covered by MDRV 2. A separate
- opinion concurring in the judgment agreed that elections for single-member
- offices, such as the district judgeships, are exempt from MDRV 2.
- According to that opinion, a district court judge, unlike an appellate
- judge who acts as a member of a collegial body, is a single-office holder
- who has jurisdiction that is coextensive with the geographic area from
- which he or she is elected and has authority to render final decisions
- independently of other judges serving in the same area or on the same
- court. The concurrence concluded that exemption from MDRV 2 of elections
- for district judges is justified, given the State's compelling interest in
- linking jurisdiction and elective base for judges acting alone, and given
- the risk that attempting to break that linkage might lessen minority
- influence by making only a few judges principally accountable to the
- minority electorate rather than making all of them partly accountable to
- minority voters.
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- Held: The Act's coverage encompasses the election of executive officers and
- trial judges whose responsibilities are exercised independently in an area
- coextensive with the districts from which they are elected. Once a State
- decides to elect its trial judges, those elections must be conducted in
- compliance with the Act, since judicial elections are not categorically
- excluded from coverage. Chisom v. Roemer, ante, p. ---. The state
- interest expressed in the concurring opinion below does not justify
- excluding single-member offices from MDRV 2's coverage. Rather, it is a
- legitimate factor to be considered by courts in determining whether, based
- on the "totality of circumstances," a vote dilution violation has occurred
- or may be remedied. Pp. 5-8.
-
- 914 F. 2d 620, reversed and remanded.
-
- Stevens, J., delivered the opinion of the Court, in which White, Marshall,
- Blackmun, O'Connor, and Souter, JJ., joined. Scalia, J., filed a
- dissenting opinion, in which Rehnquist, C. J., and Kennedy, J., joined.
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- 1
- Together with No. 90-974, League of United Latin American Citizens et
- al. v. Attorney General of Texas et al., also on certiorari to the same
- court.
-