The federal appeals court in Atlanta has sent the legal fight over Fayette’s at-large voting system back to a lower court for a possible trial.
In a 26-page decision handed down late Wednesday afternoon, the U.S. 11th Circuit Court of Appeals did not overturn U.S. District Judge Timothy Batten’s prior finding that the county’s at-large election system for both the Board of Commissioners and the Board of Education impermissibly dilutes the voting strength of African-Americans.
But the three-judge panel noted that Batten arrived at his conclusion against the Board of Commissioners based on court filings and witness statements given in pre-trial deposition testimony. Normally, voting rights claims like those brought against Fayette are resolved by a bench trial, in which a federal judge presides as the jury and hears live testimony to discern the credibility of the witnesses, the 11th Circuit’s ruling said.
“(A) bench trial, with the benefit of live testimony and cross examination, offers more than can be elucidated simply from discovery in the form of deposition testimony,” the ruling said. For this reason, the ruling said, Batten may conduct a trial if he so desires.
The 11th Circuit also found that Batten failed to provide sufficient notice to the county’s Board of Education before issuing his opinion against it. Because Batten’s ruling against the Board of Commissioners was arrived at improperly, “we see no reason why the BOE’s case cannot be heard along with that of the BOC,” the 11th Circuit said.
The appeals court ruling is the latest chapter in the three-and-half-year old legal fight. In 2011, The NAACP, on behalf of a group of black Fayette residents, sued Fayette county, saying its at-large voting system kept blacks from being elected to the commission and school board.Batten ultimately ruled in favor of the plaintiffs and ordered the county move to district voting. That plan created five districts, one of which was mostly minority.
The first test of the new voting system took place this past November. Voters elected the first black to the commission. Pota Coston was sworn as commissioner of District 5 earlier this week.
Ryan Haygood, the lead attorney in the NAACP suit, said Wednesday that he welcomed a trial.
“We think a trial actually will strengthen the likelihood of success on appeal,” Haygood said.
So far, the dispute has proved rather costly. To date, legal fees for both sides combined have exceeded more than $1 million. The NAACP Legal Defense Fund’s fees have totaled $850,000. The NAACP is seeking payment from Fayette taxpayers. Meanwhile the price tag for the county exceeds $600,000.
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