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BOKULICH v. JURY COMMISSION OF GREENE COUNTY, ALABAMA

Civ. A. No. 66-562.

298 F.Supp. 181 (1968)

Paul M. BOKULICH, Willie Carter, Sr., John Head, Rev. Percy McShan, on their own behalf and on behalf of all others similarly situated, Plaintiffs, and George Greene and Hubert G. Brown, Intervenors-Plaintiffs, v. JURY COMMISSION OF GREENE COUNTY, ALABAMA, Walter Morrow, Albert Gray, and Melvin Durrette, as members of the Jury Commission of Greene County, Alabama, Mary C. Yarborough, as Clerk of the Jury Commission of Greene County, Alabama, E. F. Hildreth, as Circuit Judge for the 17th Judicial District of Alabama, T. H. Boggs, as District Attorney for Greene County, Alabama, Ralph Banks, Jr., as County Attorney for Greene County, Alabama, and Lurlene B. Wallace, as Governor of the State of Alabama, Defendants.

United States District Court N. D. Alabama, W. D.

September 13, 1968.

Attorney(s) appearing for the Case

Donald A. Jelinek, Lawyers Constitutional Defense Committee, Selma, Ala., Alvin J. Bronstein, Lawyers Constitutional Defense Committee, Jackson, Miss., Arthur Kinoy, William M. Kunstler, New York City, Morton Stavis, Harriet S. Van Tassel, Dennis J. Roberts, Newark, N. J., Orzell Billingsley, Jr., Birmingham, Ala., Norman Amaker, New York City, for plaintiffs.

Richmond M. Flowers, Atty. Gen., MacDonald Gallion, Atty. Gen., Robert P. Bradley, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., Thomas H. Boggs, Solicitor 17th Judicial Circuit of Alabama, Linden, Ala., Ralph Banks, Jr., County Atty., for Greene County, Alabama, Eutaw, Ala., for defendants.

Before GODBOLD, Circuit Judge, and GROOMS and ALLGOOD, District Judges.

GODBOLD, Circuit Judge:

This suit is an attack on the jury system of Greene County, Alabama. The plaintiffs charge that there is systematic exclusion of Negroes from grand and petit juries by reason of purposeful discrimination, in violation of the Constitution of the United States and the Constitution of the State of Alabama. They charge that Tit. 30, §§ 4 and 21 of the Code of Alabama (1958) establishing qualifications for jurors are, on their face and...

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