theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

Inspiration

After spat, Louisiana to have 1st black chief justice Bernette Johnson

by Michael Kunzelman, Associated Press | October 17, 2012 at 9:24 AM
Comments
Print
gavel 16x9

Related Posts

  • Gov. Patrick picks 1st black Mass. Chief Justice
  • Backers take another swing at Jack Johnson pardon
  • Gov. Patrick swears in 1st black chief justice in Mass.
  • Is Chief Justice John Roberts turning over a new leaf?
  • Barrier breaker: Va.'s first black chief justice dies

 

NEW ORLEANS (AP) — The Louisiana Supreme Court resolved a racially tinged power struggle inside its own ranks, ruling Tuesday that Bernette Johnson should be the state’s first black chief justice.

Johnson’s years of appointed and elected service on the high court give her the seniority to succeed Chief Justice Catherine “Kitty” Kimball early next year, the court said in a unanimous ruling. Justice Jeffrey Victory, who is white, argued Johnson’s appointed service shouldn’t count and he deserved to be chief justice.

Voters elected Johnson in 1994 to the state appeals court, and she was assigned to the Supreme Court as part of settlement of an earlier lawsuit that claimed the system for electing justices diluted black voting strength and violated the Voting Rights Act of 1965.

She served an eighth Supreme Court district centered in New Orleans until the court reverted back to seven districts in 2000, when she was elected to the high court.

The racial dynamics of the case reverberated outside Louisiana. A long list of elected officials and civil rights advocates, including the NAACP Legal Defense Fund, called for Johnson to get the position. The New York Times published two editorials supporting her, one of which called the dispute an “unsettling example of how power can trample voting rights even where they should be sacrosanct.”

The court said its ruling was based strictly on the law.

“Although commentators have loudly emphasized them, factors which we do not ascribe any importance to in answering the constitutional question before us include issues of gender, geography, personality, philosophy, political affiliation, and race — all of which have the potential to inflame passion,” the court said.

James Williams, one of Johnson’s attorneys, said his client was thrilled.

“It means she can put this bitter fight behind her and begin to unify the judiciary,” he said. “This is not a fight that Justice Johnson went looking for. We all wish this result could have happened without the fighting.”

Any requests for the court to reconsider must be filed within five days. An attorney for Victory didn’t immediately return a call seeking comment.

Victory joined the court in 1995, a year after Johnson, but said her years of appointed service shouldn’t count when deciding which justice is “oldest in point of service” under the state constitution. The court disagreed.

“Both election and appointment are described by the constitution as legitimate methods to commence service on this court,” its opinion said.

“We’re glad that the Louisiana Supreme Court was able to resolve this important issue and look forward to working with Bernette Johnson as Louisiana’s next chief justice,” said Shannon Bates, a spokeswoman for Gov. Bobby Jindal’s office.

Johnson, Victory and a third judge who stood to be second-in-line if Victory’s argument prevailed were recused from the dispute. Three state appeals court judges sat in their place and made the ruling along with four other justices.

In July, Johnson filed a federal lawsuit after her colleagues said they would debate the matter. U.S. District Judge Susie Morgan ruled Johnson had more seniority, but stopped short of ordering the state’s highest court to name Johnson as Kimball’s successor.

Lawyers for Gov. Bobby Jindal’s office have asked the 5th U.S. Circuit Court of Appeals to review Morgan’s Sept. 1 ruling. A lawyer for Jindal has said the governor wasn’t taking a position on which justice should succeed Kimball but believed the state Supreme Court should decide the matter.

“As we’ve said all along, this was an issue for Louisiana courts to decide and we’re glad this important issue was decided by the Louisiana Supreme Court. We won’t be moving forward with an appeal,” said attorney Kevin R. Tully, in a statement emailed late Tuesday.

 

Copyright 2012 The Associated Press.

  • Recipient of the Sportswoman of the Year Award for an individual sport Gabrielle Douglas (C) speaks onstage with Anastasia 'Nastia' Liukin (L) and Jeanette Jenkins (R) at the 33rd annual Salute To Women In Sports Gala at Cipriani Wall Street on October 17, 2012 in New York City. (Photo by Mike Coppola/Getty Images)
    Next Story:

    Gabby Douglas wins Sportswoman of Year award

  • NEW YORK - SEPTEMBER 29: South African minister of foreign affairs Nkosazana Dlamini-Zuma addresses the UN General Assembly at the United Nations September 29, 2008 in New York. (Photo by Chris Hondros/Getty Images)
    Previous Story:

    South Africa’s Dlamini-Zuma, 1st female African Union chief

Filed in: Inspiration | Related Topics: Bernette Johnson, Judge, Justice, Law, Louisiana Supreme Court, State Supreme Court
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Chicago Board of Ed votes to close 50 schools Chicago Board of Ed votes to close 50 schools
    • Cash Money Records signs Paris Hilton? Cash Money Records signs Paris Hilton?
    • First lady makes Forbes’ ‘Most Powerful Women’ First lady makes Forbes’ ‘Most Powerful Women’
    • Comedians pay tribute to ‘Bill Cosby: Himself’ 30 years later Comedians pay tribute to ‘Bill Cosby: Himself’ 30 years later
    • Ray J a ‘huge fan’ of Kanye West
    • Funeral program for Malcolm Shabazz released
    • Darius Rucker responds to racist tweet from country fan
    • Is Beyoncé really a feminist?
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • U.S. Sen. Rand Paul, R-Ky., speaks at the New Hampshire Republican State Committee Liberty Dinner, Monday, May 20, 2013 in Concord , N.H. (AP Photo/Jim Cole)

    GOP leaders say Obama impeachment talk premature

  • Desiree Rogers appointed to Choose Chicago Board

  • Obama pledges urgent aid to Oklahoma town

  • South Africa: Mandela name becomes political football

» Read More in Politics

Business

  • cash-16x9.jpg

    Payday loans: A debt trap in disguise

  • Tiger Woods makes a comeback on the course, and in video game sales

  • A timeless classic: Top career lessons from ‘The Great Gatsby’

  • Boyz II Men appear in new Old Navy commercial

» Read More in Business

Living

  • Using a cheek sample or blood sample, Myriad’s laboratory delivers a report to the person’s physician, outlining the person’s risk.

    The breast cancer genetic test folks are talking about

  • Young black producer shakes up Great White Way

  • Essence, MSNBC unite for live coverage of the 2013 Essence Fest

  • Black anti-abortion activists see 'houses of horror' everywhere

» Read More in Living

Inspiration

  • Abdulah Salim, Jr. hold the photograph of his father Dr. Reginald A. Hawkins who was a prominent Charlotte civil rights leader, in Silver Spring, Md. In the spring of 1963, a Hawkins led 65 people on a four-mile march from an African American college to the center of Charlotte’s downtown. ( AP Photo/Jose Luis Magana)

    Charlotte remembers 1963 desegregation 'eat-in'

  • Tornado survivor saved by teacher

  • Obama speech makes Morehouse grads 'proud'

  • Twins named Spelman valedictorians

» Read More in Inspiration

Entertainment

  • Dr. Conrad Murray sits in court after he was sentenced for the involuntary manslaughter of singer Michael Jackson at the Los Angeles Superior Court on November 29, 2011 in Los Angeles, California. (Photo by Mario Anzuoni-Pool/Getty Images)

    Lawyer: No background check done on Michael Jackson doctor

  • Holy hologram! RIP rappers making a comeback

  • Hulk Hogan ♥'s Miguel's 'leg drop'

  • Eminem's publisher sues Facebook over song usage

» Read More in Entertainment

News

  • Gywan Levine Jr., 12, was fatally shot during a robbery. (Courtesy NBC New York)

    Boy, 12, killed in robbery attempt

  • Durant makes $1M pledge for tornado victims

  • Court decision pending in NYPD stop-and-frisk case

  • Farai Chideya: Journalism is heading for ‘GOP-style problems'

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP