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Latino Voters File Lawsuit Challenging Discriminatory Method of Electing Texas’s High Court Judges

For Immediate Release July 20, 2016

Contacts:

Lawyers' Committee for Civil Rights Under Law

CORPUS CHRISTI, Texas and WASHINGTON, D.C. – Today, the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), Garza Golando Moran, PLLC, and Dechert LLP filed a lawsuit in the U.S. District Court for the Southern District of Texas on behalf of individual Latino voters alleging that the method of electing Texas’s Supreme Court and Court of Criminal Appeals judges violates the Voting Rights Act. The Texas Supreme Court and Court of Criminal Appeals are the two highest courts in the state and decide critical issues of state civil and criminal law, respectively.

“Courts in the state of Texas should reflect the diversity of the communities they serve,” said Kristen Clarke, president and executive director of the Lawyers’ Committee. “Instead, the way in which Texas elects judges to two of the state’s highest courts denies Latino voters an equal opportunity to elect judges of their choice. Bringing Texas state courts into compliance with the Voting Rights Act can help instill greater public confidence in the state’s justice system.”

All 18 high court judges in Texas, nine for each court, are elected statewide. Because White Texans comprise the majority of the citizen voting age population in the state, and because Latinos consistently prefer different candidates than do Whites, Latino-preferred candidates are almost never elected to the highest levels of the state’s judiciary. Such vote dilution is prohibited by the Voting Rights Act and the state could develop and implement a more representational electoral method.

Texas’s Latino citizen voting age population (CVAP) comprises 26.5 percent of the state’s CVAP while White Texans comprise 56.4 percent. With Latinos in the minority and voting polarized along racial lines, Latinos have been significantly underrepresented on both courts for decades. Since 1945, only two of the 48 judges to serve on the Court of Criminal Appeals, a mere 4.2 percent, were Latino. Over the same time period, only five of the 77 justices to serve on the Supreme Court, or 6.5 percent, were Latino.

Plaintiffs in the case include six individual voters from Nueces County and an individual voter from El Paso County.

“For too long the voice of the Latino community has been missing from the critical secret conference rooms of the Texas Supreme Court and the Texas Court of Criminal Appeals,” said Carmen Rodriguez, plaintiff in this case and longtime civil rights attorney and activist from El Paso. “It is vital that we bring the promise of the Voting Rights Act to the selection process of the members of these august judicial bodies.”

Because Texas’s judges largely represent only one subset of Texas voters, there are serious questions as to whether all of the circumstances of a diverse population are fully considered.  The Texas Court of Criminal Appeals hears all death penalty cases in the state. From 1977 to 2010, of the 92 executions of Latinos nationwide, 78 were executed in Texas. Recent Supreme Court decisions of critical importance to racial minorities, including a May 2016 ruling limiting school funding for English language learners and economically disadvantaged students, were issued without so much as a dissent.

“All Texas citizens should have the right to cast a meaningful, undiluted vote for their most important courts,” said Ezra Rosenberg, co-director of the Voting Rights Project at the Lawyers’ Committee. “For decades, that right has been denied to Latinos in Texas. Section 2 of the Voting Rights Act was designed precisely to deal with this circumstance.”

“For too long, the Latino community in Texas has had no say in who represents them on the highest courts in the state,” said Jose Garza, a civil rights attorney and partner at Garza Golando Moran, PLLC. “The recent school finance ruling is a clarion call to every minority in Texas: Your voice will not be heard by these courts. Now is the time to listen to the millions of Texas minorities who want a seat at the table to help decide the matters important to our community. I am proud to represent these brave clients and work with some of the best legal minds in voting rights to fight for my state and my community.”

“Being able to participate fully in our electoral system is a fundamental right of all citizens,” said Neil Steiner, a partner at Dechert LLP, which is representing the plaintiffs pro bono. “We look forward to vindicating those rights for Texas’s Latino population.”

To read the full complaint, click here.

About the Lawyers’ Committee:
The Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. Formed over 50 years ago, we continue our quest of “Moving America Toward Justice.” The principal mission of the Lawyers’ Committee is to secure, through the rule of law, equal justice under law, particularly in the areas of fair housing and community development; employment; voting; education; environmental justice; and criminal justice.  For more information about the Lawyers’ Committee, visit
www.lawyerscommittee.org.

About Garza Golando Moran, PLLC:

Garza Golando Moran, PLLC is a general practice law firm based in San Antonio that predominately serves clients in central and south Texas. The firm specializes in several different areas of law including voting and civil rights, state and local government, and legislative procedure. For more information about Garza Golando Moran, PLLC, visit http://www.ggmtx.com/.

About Dechert LLP:

Dechert LLP is a global specialist law firm focused on sectors with the greatest complexities and highest regulatory demands. We deliver practical commercial insight and judgment to our clients’ most important matters. Nothing stands in the way of giving clients the best of the firm’s entrepreneurial energy and seamless collaboration in a way that is distinctively Dechert. For more information about Dechert LLP, visit https://www.dechert.com/

 

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