Post by pelicanguy on Apr 3, 2007 9:38:43 GMT -5
New Orleans Times-Picayune
Orleans DA is contesting bias verdict
Jordan's firings of white workers not based on race, judges told
Tuesday, April 03, 2007
By Gwen Filosa
Orleans Parish District Attorney Eddie Jordan appeared in a federal appeals court Monday, fighting to overturn the 2005 jury verdict that he violated labor discrimination laws by firing dozens of white employees after taking office.
The interest on the $3.4 million jury award, including back pay and fees, is accumulating during the appeals process.
"This case is unique because it's about the patronage decisions of a newly elected official in staffing his office staff," Assistant District Attorney Donna Andrieu told a three-judge panel at the 5th U.S. Circuit Court of Appeals. "Mr. Jordan had a nondiscriminatory reason for staffing his office the way he did."
Days after becoming the city's first black district attorney, stepping into the office that Harry Connick ran for 29 years, Jordan fired dozens of longtime employees.
A lawsuit by 43 fired workers quickly followed, and on March 30, 2005, a federal jury found Jordan liable for discriminating on the basis of race. Of the 43 employees who sued, 35 won money in damages at trial.
Andrieu, who did not represent Jordan at the jury trial and handles criminal appeals for his office, told the court that her boss wanted a loyal staff so he hired people who had either worked on his campaign or whom he knew before becoming district attorney.
"That's for the jury to decide," Judge Rhesa Barksdale interjected. "That is a classic jury issue. The jury just didn't believe it."
Judges Will Garwood, Emilio Garza and Barksdale will rule on the appeal at a later date.
Jordan attended the hourlong hearing with First Assistant District Attorney Gaynell Williams and spokesman Dalton Savwoir. After the hearing, Jordan spoke briefly to reporters, saying his staff argued the appeal correctly.
Racial statistics presented
The jury that decided the case after the trial at U.S. District Court found that statistics presented by the plaintiffs proved employment discrimination based on race. Jordan fired 53 of the 77 white workers on staff, and two of the 56 black workers on the payroll.
Of the 10 highest-paid black employees, Jordan kept nine. The district attorney's office went from 57 percent white under Connick to 17 percent white under Jordan, and from 41 percent black under Connick to 82 percent black under Jordan. The changes occurred within 72 days of Jordan taking office.
At the 2005 trial the jury decided those figures showed racial discrimination in play. Patronage is legal under Louisiana law when hiring and firing, but Jordan's pledge to have his office "reflect" the demographics of New Orleans haunted him when brought to federal court for trial.
"Something had to have happened to have that dramatic turnaround," plaintiffs' attorney Clement Donelon told the judges Monday. "You can't just fire the Caucasians and then hire your buddies because you made a campaign promise that is illegal."
None of the plaintiffs in the discrimination lawsuit were attorneys, but rather legal assistants, clerical workers and investigators with decades of experience. As for the assistant district attorneys, Donelon said that under Connick, 10 percent were black and that 1 1/2 years later Jordan's attorney roster was 37 percent black.
Connick's percentage of black lawyers reflected the city's labor market at the time, Donelon said.
Turnover process disputed
Each judge Monday had many questions for Jordan's lawyers, who rehashed Jordan's trial argument that he could hire and fire whomever he wanted once in office and that the racial makeup of his new administration was by coincidence only.
Jordan's political mentor, U.S. Rep. William Jefferson, D-New Orleans, loaned his aides to sift through applicants and install a new administration in January 2003.
One Jefferson aide, Stephanie Butler, led the hiring and firing effort and gave the Connick holdovers a chance to interview and apply for positions under the new DA, Jordan's attorneys said. Those workers who were fired called the application process a joke.
Andrieu said Monday that Butler gave the Connick employees an opportunity to interview for jobs.
"They didn't do that," Garwood said. Butler "wasn't being candid with people at the beginning and then she came up with another story for trial."
Andrieu replied, "She was clumsy in her approach."
The panel repeatedly instructed Jordan's attorneys that their arguments on appeal were issues that the jury had already weighed and decided upon.
Assistant District Attorney Graham Bosworth, another criminal appellate lawyer on Jordan's staff, was sharply interrupted during his rebuttal argument.
"Mr. Jordan beat a 30-year incumbent and he was concerned that the changes he wanted to . . ." Bosworth began.
"You're giving us the jury argument," Barksdale said, stopping him for a moment.
Bosworth then said he had a new chart to enter into the appellate record that shows the racial makeup of Jordan's administration.
"It's unusual for you to be giving us a chart you didn't give the jury," Barksdale said.
Garwood was appointed by President Reagan, while Barksdale and Garza were appointed by the first President Bush.
. . . . . . .
Gwen Filosa can be reached at gfilosa@timespicayune.com or (504) 826-3304.
Orleans DA is contesting bias verdict
Jordan's firings of white workers not based on race, judges told
Tuesday, April 03, 2007
By Gwen Filosa
Orleans Parish District Attorney Eddie Jordan appeared in a federal appeals court Monday, fighting to overturn the 2005 jury verdict that he violated labor discrimination laws by firing dozens of white employees after taking office.
The interest on the $3.4 million jury award, including back pay and fees, is accumulating during the appeals process.
"This case is unique because it's about the patronage decisions of a newly elected official in staffing his office staff," Assistant District Attorney Donna Andrieu told a three-judge panel at the 5th U.S. Circuit Court of Appeals. "Mr. Jordan had a nondiscriminatory reason for staffing his office the way he did."
Days after becoming the city's first black district attorney, stepping into the office that Harry Connick ran for 29 years, Jordan fired dozens of longtime employees.
A lawsuit by 43 fired workers quickly followed, and on March 30, 2005, a federal jury found Jordan liable for discriminating on the basis of race. Of the 43 employees who sued, 35 won money in damages at trial.
Andrieu, who did not represent Jordan at the jury trial and handles criminal appeals for his office, told the court that her boss wanted a loyal staff so he hired people who had either worked on his campaign or whom he knew before becoming district attorney.
"That's for the jury to decide," Judge Rhesa Barksdale interjected. "That is a classic jury issue. The jury just didn't believe it."
Judges Will Garwood, Emilio Garza and Barksdale will rule on the appeal at a later date.
Jordan attended the hourlong hearing with First Assistant District Attorney Gaynell Williams and spokesman Dalton Savwoir. After the hearing, Jordan spoke briefly to reporters, saying his staff argued the appeal correctly.
Racial statistics presented
The jury that decided the case after the trial at U.S. District Court found that statistics presented by the plaintiffs proved employment discrimination based on race. Jordan fired 53 of the 77 white workers on staff, and two of the 56 black workers on the payroll.
Of the 10 highest-paid black employees, Jordan kept nine. The district attorney's office went from 57 percent white under Connick to 17 percent white under Jordan, and from 41 percent black under Connick to 82 percent black under Jordan. The changes occurred within 72 days of Jordan taking office.
At the 2005 trial the jury decided those figures showed racial discrimination in play. Patronage is legal under Louisiana law when hiring and firing, but Jordan's pledge to have his office "reflect" the demographics of New Orleans haunted him when brought to federal court for trial.
"Something had to have happened to have that dramatic turnaround," plaintiffs' attorney Clement Donelon told the judges Monday. "You can't just fire the Caucasians and then hire your buddies because you made a campaign promise that is illegal."
None of the plaintiffs in the discrimination lawsuit were attorneys, but rather legal assistants, clerical workers and investigators with decades of experience. As for the assistant district attorneys, Donelon said that under Connick, 10 percent were black and that 1 1/2 years later Jordan's attorney roster was 37 percent black.
Connick's percentage of black lawyers reflected the city's labor market at the time, Donelon said.
Turnover process disputed
Each judge Monday had many questions for Jordan's lawyers, who rehashed Jordan's trial argument that he could hire and fire whomever he wanted once in office and that the racial makeup of his new administration was by coincidence only.
Jordan's political mentor, U.S. Rep. William Jefferson, D-New Orleans, loaned his aides to sift through applicants and install a new administration in January 2003.
One Jefferson aide, Stephanie Butler, led the hiring and firing effort and gave the Connick holdovers a chance to interview and apply for positions under the new DA, Jordan's attorneys said. Those workers who were fired called the application process a joke.
Andrieu said Monday that Butler gave the Connick employees an opportunity to interview for jobs.
"They didn't do that," Garwood said. Butler "wasn't being candid with people at the beginning and then she came up with another story for trial."
Andrieu replied, "She was clumsy in her approach."
The panel repeatedly instructed Jordan's attorneys that their arguments on appeal were issues that the jury had already weighed and decided upon.
Assistant District Attorney Graham Bosworth, another criminal appellate lawyer on Jordan's staff, was sharply interrupted during his rebuttal argument.
"Mr. Jordan beat a 30-year incumbent and he was concerned that the changes he wanted to . . ." Bosworth began.
"You're giving us the jury argument," Barksdale said, stopping him for a moment.
Bosworth then said he had a new chart to enter into the appellate record that shows the racial makeup of Jordan's administration.
"It's unusual for you to be giving us a chart you didn't give the jury," Barksdale said.
Garwood was appointed by President Reagan, while Barksdale and Garza were appointed by the first President Bush.
. . . . . . .
Gwen Filosa can be reached at gfilosa@timespicayune.com or (504) 826-3304.