Politics trumped
race in latest effort to elect a black judge
By CINDI ROSS
SCOPPE Associate
Editor
BLACK lawmakers made a point of saying they wouldn’t stage
another walkout last month if the Legislature failed to elect Debra
Gammons to the Circuit Court.
Little wonder.
They didn’t support her.
Only two of seven black senators and seven of 24 black
representatives voted for the only African-American candidate in the
three-way race. She lost.
Rep. Leon Howard said he and other black legislators concluded
that Ms. Gammons, an assistant city attorney in Greenville, “was not
one who shared our views and philosophies.”
Mr. Howard said he was first concerned when he saw a quote from
Ms. Gammons criticizing the caucus’ “narrow-minded” walkout in
February when the Legislature rejected the black candidate in
another judicial race. He came away from her subsequent meeting with
the caucus unconvinced that she “really sees the things we see in
terms of disparity and lack of respect for African-Americans in the
judicial system.”
Rep. Todd Rutherford, one of Ms. Gammons’ nine African-American
supporters, said he thought most of his colleagues voted for other
candidates because they knew she couldn’t win and wanted “to still
be a player in the race.” But he said she was hurt by the fact that
she ran in the 2000 and 2004 Democratic primaries against Ralph
Anderson, a popular black senator.
That didn’t keep Sen. Anderson from voting for Ms. Gammons. But
it’s not hard to see why members of the Black Caucus, who are all
Democrats and include some of the most liberal legislators, wouldn’t
be comfortable with her.
Earlier this year, Ms. Gammons said our state’s lack of female
judges was a bigger problem than the lack of black judges. That’s
numerically indisputable, but her comments seemed to downplay the
racial disparity.
Likewise, it’s hard to argue with the point of a 2003 op-ed she
penned for The State, “We must teach our girls not to be victimized
women.” But many saw it as an Altmanesque attack on victims and were
outraged by her suggestion that women should “learn how to fight and
how to accurately shoot a gun” to prevent domestic violence.
Back-to-back columns in The State in 1996 sounded even more like
something you’d hear on Fox News. After my predecessors on the
editorial page changed her reference to “Negros” to
“African-Americans” in a column saying high black incarceration
rates were the result of guilt, not racism, she wrote a column
attacking the term “African-American.”
Mr. Howard said some members of the Black Caucus worried that
declining to support Ms. Gammons would hurt the effort to put more
black judges on the bench, but he thinks it does just the
opposite.
“I think the credibility of the Black Caucus increased by not
jumping on board with Miss Debra,” he told me. “I think we sent the
message to the public that we’re not just looking for black judges;
were looking for judges who are qualified and whose philosophy we
can support.”
The vote does make an important point at a time when some
lawmakers and many members of the public believe that those of us
who want to see more African-American judges value skin color over
competency. As Mr. Howard explains it, the caucus is not out “to put
people on the bench just because they’re black; we want the best
individual whether they’re black or white.” The problem is when the
best person — or even an equally good person — is black, and the
white candidate still wins.
But the vote also raises important questions that have not been
part of the public debate: If black legislators oppose a black
candidate because of her politics, isn’t it possible that some white
legislators oppose black candidates because of their politics, and
not their skin color? And if it’s OK for black legislators to oppose
a black candidate who’s too “conservative,” isn’t it OK for white
legislators to oppose a black candidate who’s too “liberal”?
Mr. Rutherford dismisses the idea that political philosophy plays
a role in judicial races. He says it’s impossible to guess whether a
candidate will be a “liberal” or “conservative” judge. “I’m a former
prosecutor,” he says, “but I don’t know what that makes me.”
I believe more strongly than most Americans that judges should
leave their personal views outside the courtroom and apply the law
even when they disagree with it. But especially at the trial court
level, our system of justice allows room for discretion, and
actually forces judges to draw on their personal philosophy. A judge
who always saw himself as a Republican, for example, is more likely
to throw the book at a criminal defendant than one who always saw
himself as a Democrat — and that’s the decision that makes far too
many of our legislators comfortable.
This political problem is compounded by the way we judge people
we don’t know. If the most liberal legislators are campaigning for a
candidate, it’s human nature to assume that candidate is a liberal.
And for many white legislators, Mr. Howard’s explanation of why he
and other black legislators didn’t support Ms. Gammons will validate
that assumption.
Mr. Howard started our conversation by dismissing House Judiciary
Chairman Jim Harrison’s offer to help elect black judges whom “he
deems to be good black judges,” saying that “we’re not looking for
him to select Clarence Thomas and shove him down our throats.”
I sympathize. But the fact is that the voters have given
Republicans a commanding majority in the State House. It is
absolutely appropriate to demand that they do a better job electing
black judges. But I’m not sure they have any more obligation than
the Black Caucus to support candidates whose political philosophy
they find anathema.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |