Page 8/The Battalion/Friday July 12, 1985
Increasing number of blacks
serving on state high courts
Associated Press
COLUMBIA, S.C. — When
Ernest Finney, a 54-year-old for
mer state legislator, formally be
gins a 10-year term today, he’ll be
the first black to sit on South Car
olina’s Supreme Court since Re
construction 115 years ago.
And South Carolina will be
come the second Southern state
this year — Mississippi was the
first — to place a black on its su
preme court.
In the last five years, the South
has led a trend which has seen the
doubling of the number of states
with blacks seated on courts of
last resort.
Besides South Carolina, other
states that have a black supreme
court member are Florida,
Maryland, California, Pennsylva
nia, Virginia, North Carolina, Al
abama, Mississippi and New
York. In 1980, only five states
had blacks on their high courts.
Black judges express different
theories for the increase and why
the South is, as Howard Univer
sity law professor J. Clay Smith
says with a laugh, “rising again.”
Otis Smith, who became the
second black on a state supreme
court when he was appointed in
Michigan in 1961 to fill an unex
pired term, credits both the Vot
ing Rights Act and a general lib
eralization of racial attitudes.
Smith lost his bid for election
to a full term in 1967.
About 300 blacks were serving
in elected office at the local, state
In the last Bye yearsythe
South has Jed alitrehd
which has seen- the doi$~
blihg dt-the : nuhhheh§df
states with bi&cks seated
on courts of last resort.
and federal level in 1964, the year
Congress approved the Voting
Rights Act, the Joint Center for
Political Studies in Washington
estimated.
In January 1985, there were
6,056 black elected officials across
the country, about 3,233 in the
South, the center said.
Until Finney’s election in April,
the only other black justice in
South Carolina’s history was Jon
athan Jaspers Wright, a Pennsyl
vania native.
Described in an, 1867 newspa
per article as “a very intelligent,
well-spoken colored attorney,”
Wright ran against another black
and was elected by a legislature
that included blacks, J. Clay
Smith said. Wright served seven
years until whites regained politi
cal control of the state.
Finney’s unanimous election by
the South Carolina General As
sembly 115 years later is “extraor
dinary” ana has national signifi
cance, he said.
Blacks are not represented in
large numbers among lower
court judges and in large law
firms, two sources from which
justices of the states’ high courts
are traditionally drawn, said Ed
ward Toles, a Chicago bank
ruptcy judge and historian for
the judicial council of the Na
tional Bar Association, a predom
inantly black organization.
According to the 1980 Census,
there are about 15,000 black law
yers and judges of a nationwide
total of 500,000 lawyers and
judges, he said.
The justices themselves are
matter-of-fact about reaching the
elite of the state judiciary. Most
have been breaking color barriers
all their lives.
“The South today is not at all
the South I knew when I arrived
here in 1946,” said Finney, who
was, a state legislator for four
years in the 1970s.
“When I was admitted to the
bar in 1954 I was one of only five
black lawyers in the state.”
Black representation on state
supreme courts gives people faith
and confidence m the institution
and it’s an important symbol to
black youth, the justices said.
But the justices say black rep
resentation makes no significant
difference in how the court rules.
Finney said: “We have a ded
ication and a responsibility to be
the very best that we can be in
whatever we do, and by and large
if you do that the color of your
skin becomes less and less impor
tant.”
Compliance rate
rises for payment
of child support
Associated Press
WASHINGTON — More than
three-quarters of the women who
were supposed to receive child sup
port payments got at least part of the
amount due, the Census Bureau re
ported Thursday.
The slight increase was wel
comed by federal officials who have
been striving to get fathers to meet
their obligations.
Of the women who were due child
support, 76 percent received at least
some of amount Scheduled in 1983,
up from 71.8 percent in 1981, the
Census Bureau reported.
And the share of women who re
ceived the full amount they had
been awarded, either in a voluntary
agreement or a court order, rose
from 46.7 percent to 50.5 percent in
the same period. Census officials
said.
“We are moving in the right direc
tion, but still there are too many
American children who do not re
ceive the support they need,” said
Health and Human Services Secre
tary Margaret Heckler, whose de
partment has been leading an effort
to get fathers to fulfill their Financial
obligations to offspring.
There were 8.7 million women in
America living with children but no
husband present in 1983, the Census
Bureau reported, up from 8.4 mil
lion in 1981. Of the total, 3.9 million
were scheduled to receive child sup-
f iort payments, down from 4.0 mil-
ion in the earlier study.
Gordon Green, the bureau’s assis
tant director of the population divi
sion, said there are a variety of rea
sons why women with children may
not be due any payment.
These range from delays in court
proceedings to acceptance of prop
erty settlements instead of child sup
port, inability to find the father or to
establish paternity and situations
where the mother and father have
joint custody or in which the mother
does not want assistance.
The increase in the number of
women who received at least some
payment was slight, but statistically
significant, Green said, representing
an increase from 2,902,000 to
3,037,000.
Average child support payments
were $2,341 in 1983, up from
$2,307 in 1981 but below the aver
age of $2,746 reported in 1978, in
dollars adjusted for inflation.
Turning to alimony, the Census
Bureau reported that of 17.1 million
divorced, women only 14 percent
had been awarded alimony in their
settlement.
Of the 791,000 divorced women
who were scheduled to receive al
imony in 1983, 76.9 percent did so,
up from 67.4 percent in 1981, the
bureau said.
Average alimony in 1983 was
$3,976, up from $3,286 in 1981 but
a drop from the $4,352 of 1978,
measured in dollars adjusted for in
flation.
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