Racial prejudice can be as brutal as a lynching or as subtle as the use of a first name.
The author of this
cuticle
believes
that
even subtle racial discrimination has no place
in the courtroom, no matter what crime a person is charged
with.
Here is the story of a
civil rights lawyer who ended up
in
jail because he insisted that
a
judge treat his client
with
respect.
WORTHY OF CONTEMPT
By TOM WICKER
In the New York Times roundup of
Supreme Court decisions, the story
made one paragraph: "The court also
declined to hear an appeal by
Millard
5 C.
Farmer...
from two convictions for
criminal contempt of
court....
Mr.
Farmer had accused the judge of
'cov-
ering
up'
racism in the courtroom."
The rest of the story needs to be
10 told. It began in 1974 when a black
man named George Street took his 16-
year-old common-law wife to the
hos-
pital in
Blackshear,
Georgia to deliver
a baby. The hospital demanded more
15 advance payment than Mr. Street
could
make,
hi
a taxi he drove around
town trying to borrow the money;
when
he had run up a $30 cab fare, the
driver demanded payment and
bran-
20 dished a blackjack. George Street
stabbed and killed him.
He was convicted and sentenced
to death. But on appeal, the Supreme
Court ruled that his jurors had not
25 been properly questioned about their
views on capital punishment. The
Court ordered the case returned to
Pierce County Superior Court, not for
retrial but solely to determine before
30 another jury whether the death pen-
alty had been properly imposed.
Millard Farmer, a civil rights law-
yer who heads a group called Team
Defense, at that point entered the
35 case as counsel for George Street. In
seven weeks of rigorous selection, Mr.
Farmer put together a jury of ten
blacks and two whites, although
Pierce County is only 16 percent
black. Ultimately, it took only 20
min-
40
utes
to
sentence
George
Street
to
life
imprisonment instead of electrocu-
tion.
Mr. Farmer and Team Defense
operate on the theory that the
crimi-
45
nal
justice system in the South is
heavily tainted with racism both
latent and overt. Their tactic is to
challenge that racism
frontaUy.
In the
George Street case, as a consequence,
so
Mr. Farmer was sentenced to a total of
four
days
in
jail
for
instances
of
what
Judge
Elie
Holton called contempt of
court.
J
One
suchinstaace
occurred when 55
George Street took the stand and the
prosecutor, M. C.
Pritchett,
consis-
tently referred to him by his first
name. As a tape recording demon-
strates, Mr. Farmer politely objected 60
that his client should be called "mis-
ter" like any other witness. Judge Hol-
ton declined to so order and Mr.
Farmer responded:
"Your honor
...
it's a mean thing 65
for you to call black people by their
first name and to call white people
'mister.'
We're not going to have a
double standard, we're not going to be
a part of it, and we're not going to have
70
it."
Judge
Holton:
"Objection
overruled."
Mr.
Farmer.
"Your
honor,
it's
a
form
of
discrimination
..."
Judge
Holton:
"Objection's
overruled."
75
Prosecutor:
"George
..."
22