Little Rock – Arkansas Attorney General Tim Griffin moved Thursday to terminate the consent decree that has governed the state’s judicial districts since 1991. The decree, entered after a 1989 lawsuit, required the creation of Black‑majority sub‑districts in 21 counties, a structure that currently seats 14 Black circuit judges and one Black appellate judge.
Legal basis for the request
Griffin’s motion argues that the decree “divides voters based on race,” a practice he says is both wrong and unconstitutional under the Equal Protection Clause. He points to a recent U.S. Supreme Court decision involving Louisiana, which held that creating a second Black‑majority congressional district violated the Constitution because challengers must prove intentional racial discrimination and propose a race‑neutral alternative.
“Much has changed since the consent decree was entered, including significant changes to the law,” Griffin said in a statement. He added that the Supreme Court’s ruling on Louisiana’s congressional map underscores that race‑conscious districting is no longer permissible.
Demographic and political shifts
The attorney general attached data showing Arkansas’s voting patterns have moved decisively toward Republican candidates over the past three decades. He also cited demographic changes in Pulaski County, where the white population fell from 72.2% at the time of the decree to 54.2% today, while the Black share rose from 26.4% to 37.1%.
Griffin argues that these shifts, combined with the state’s long‑standing compliance with the decree, eliminate any lingering vestiges of past discrimination. He notes that the decree has no set expiration date, leaving Arkansas under judicial supervision indefinitely, and that the earliest the state could have sought termination was January 2, 2001.
Response from plaintiffs
Arkansas’s plaintiffs, represented by attorney Arkie Byrd of Little Rock firm Mays Byrd O'Guinn, have not yet responded to the filing. The original 1991 consent decree was signed by U.S. District Judge Henry Woods after a lawsuit claimed that at‑large judicial elections diluted Black voting strength.
Under the decree, Black‑majority sub‑districts elected judges who then exercised jurisdiction throughout their entire judicial circuit. Prior to the decree, Arkansas’s 24 judicial districts were predominantly white, with judges elected at large.
Historical context
The consent decree emerged from a 1989 effort that created 17 new judgeships, prompting a lawsuit alleging that at‑large districts harmed Black and minority voting power. The first Black‑majority sub‑districts appeared on the ballot in 1992, marking a historic step for representation in the state’s courts.
Since then, the state has maintained the required judicial composition, and Griffin contends that “no one has contended otherwise in 35 years and, in any event, only substantial compliance is required.” He concluded that dissolving the racially sorted sub‑districts serves the public interest.
What’s next?
The motion now awaits a ruling from the federal court that oversees the decree. If the court grants the request, Arkansas will no longer be bound by the race‑based judicial map, aligning its judicial districting with the Supreme Court’s recent guidance on equal protection.
Original reporting: Texarkana Gazette — read the source article.
