Davis v. Chiles

139 F.3d 1414, 1998 U.S. App. LEXIS 8339, 1998 WL 210571
Court of Appeals for the Eleventh Circuit·Decided April 30, 1998·No. 96-3547·Published·Cited by 37 cases

Opinions

BIRCH, Circuit Judge:

In this case we review plaintiff-appellants’ challenge to two at-large judicial election districts in Florida under Section Two of the Voting Rights Act, 42 U.S.C. § 1973 (“Section Two”). Although the district court found that racially polarized voting plagued the electoral systems at issue, it granted judgment to the defendant-appellees- on the ground that Florida’s interest in maintaining its current system of selecting judges outweighs the plaintiff-appellants’ interest in their proposed remedy. In addition, the district court ruled that it could not accept plaintiff-appellants’ remedial plan because it would involve racially-eonscious redistricting without a compelling state purpose. Because we believe that our Section Two precedents foreclose any significant restructuring of a state’s judicial election system, we affirm.

I. BACKGROUND

In this class action, plaintiff-appellants Anita Davis, et al. (“Davis”) attack two at-large judicial election systems in Florida on the grounds that black voters within these systems suffer from illegal vote dilution. Although the two districts at issue differ in size and jurisdiction, they share similar electoral systems and demographies. First, the Second Judicial Circuit (“Second Circuit”) comprises the six counties of Franklin, Gadsen, Jefferson, Leon, Liberty, and Wakulla. All eleven judges on the Second Circuit are [1417] elected in at-large, circuit-wide voting for six-year terms. Within the Second Circuit, blacks constitute 28.9% of the overall population, 26.1% of the voting age population, and 26.1% of registered voters. Much like the judges on the Second Circuit, the four judges on the Leon County Court are elected in at-large, countywide voting for four-year terms. In Leon County, blacks make up 24.2% of the overall population, 22.2% of the voting age population, and 21.8% of registered voters. In both election districts, the black population is concentrated in a few areas, with many black voters residing either within Gadsen County or a few precincts of Tallahassee. Further, the non-partisan election systems in both the Second Circuit and Leon County include majority vote requirements, post-numbered systems,1 and staggered terms. In both circuits, the Governor may fill any mid-term vacancies through appointment of candidates recommended by a Judicial Nominating Commission. Finally, the Second Circuit Court is a trial court of general jurisdiction, see Fla. Const, art. V § 6; Fla. Stat. § 26.012, while the Leon County Court is a trial court of limited jurisdiction, see Fla. Const, art. V § 5; Fla. Stat. § 34.01.

Beyond these structural similarities, the two judicial districts also share a history of racially polarized voting. In the few elections in which black candidates have competed against white candidates (prior to Davis’s initiation of this litigation), no black lawyer has ever won election to either the Second Circuit or Leon County Courts.2 In each of these black-versus-white elections, the overwhelming majority of black voters supported the black candidates.3 Notwithstanding this political cohesion among black voters, however, white voters did not supply enough crossover votes for the black candidates to prevail, but instead provided overwhelming support to the white candidates.4 In 1992, for example, black voters in Leon County gave approximately 98% of their support to a black candidate, but a white candidate who received 68% of the white vote still won the election. As a result of this dynamic, racial block voting has become “a well-known political reality” in elections between black and white candidates for the Second Circuit and Leon County Courts. R5r-146 at 18.

This description of the voting patterns in the Second Circuit and Leon County receives further support from a review of “split-preference” elections, in which black and white voters have preferred different white candidates.5 In the eleven split-preference elections in the record involving either the Second Circuit or Leon County Courts, black voters have never succeeded in electing their first choice candidate. In nine of the split-preference elections, the black-preferred candidate lost outright to the white-[1418] preferred candidate. In the tenth split-preference election, the black-preferred candidate won a primary election over the white-preferred candidate, but the black-preferred candidate then lost the general election to a white-preferred candidate. In the eleventh case, black voters’ first choice was a black candidate who lost to a white candidate in the primary election; only after this defeat did a majority of black voters settle on the white candidate who ultimately defeated the white-preferred candidate in the general election. Thus, black voters lack the ability to play even a “swing” role within the two election districts, whatever the race of the candidates.

At the same time, black voters cannot rely on the appointment process to offset the effects of racially polarized voting. Prior to 1992, when the district court first ruled that racial polarization existed in the districts at issue, no black person had ever received an appointment to either the Second Circuit or the Leon County Court.6 Moreover, while the appointment process has been a significant route to the bench in Leon County, election rather than appointment has been the primary path to judicial office for the Second Circuit.

On June 5, 1990, Davis brought a Section Two suit in the district court against defendant-appellees Chiles, et al. (“Chiles”) to challenge the legality of the at-large election systems for the Second Circuit and Leon County Courts. Specifically, Davis alleged that illegal vote dilution tainted elections for judgeships on the two courts. As her proposed remedy, Davis asked the court to impose a modified subdistricting plan.7 Under this proposed system, the two current at-large districts would be split into a combination of single- and multi-member subdistricts. In each of the new, smaller districts, voters would choose individual judges in competitive, post-numbered elections.8 Then, each successful subdistrict candidate would face a circuit- or county-wide retention vote by all of the citizens over whom they would exercise jurisdiction.9 Should any candidate chosen by a subdistrict fail to receive majority support in a retention vote, the Governor would have the power to fill the empty judgeship as he would any mid-term vacancy.

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Davis v. Chiles, 139 F.3d 1414, 1998 U.S. App. LEXIS 8339, 1998 WL 210571 (11th Cir. 1998).

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