Page 4
THE BLACK INK
March, 1973
Success vs. need
lawyers’ role
“You must leam to pull yourself up by
your bootstraps."
Expressions
White woman
Clear bitch
Transparent hussy
Emmett Till’s murderer
“Scottsboro Boys” tormentor
Lily light lying trick
Funky foolish freaky fool
Brother Emmett died because of you—because of
your "pure” square ass
Brother Haywood and the “Scottsboro Boys” suffered,
lived like animals, were treated like beasts
because of you—you stinking whore
Brother Haywood had to slip and slide, duck and
dodge—run from the racist white boy (the
impotent imp) because of you BITCH!
BULLSHIT BONY ASS BITCH!
Vanilla woman
Cherry face fool
Stinking slut
Dig, Dig me, Dig me-e-e-e-e!
I am going to put my Black hand down your
slimy throat and snatch your perverted
ass out of your “I just love nigger
boys” mouth!
Liberal Light Lady beware:
I am personally going to crucify you and blow your
little “gingerbread” ass off the pedestal!
Your time has expired Vanilla Extract (woman)
Get down Rabbit!
The pedestal belongs to the BLACK WOMAN—
Dig me?
Lucas
Student aid
Black
by Pamela Williamson
Staff Writer
In the United States today,
there is one lawyer for every 637
persons. However, there is only
one Black lawyer for every 7000
Black citizens. While one half of
America’s Black population
resided in the South, only 15 per
cent of the Black lawyers
practice here. It is not surprising
then that in the South, every
Black lawyer must serve 28,500
Blacks. Generally, in North
Carolina, there is one Black
lawyer per 13,000 Black
citizens.
In the past, most Blacks were
excluded from the best law
schools. Their Black identity was
easily maintained on a Black
campus, primarily because
everyone experienced the same
amount of white racism. The
Blacks who became lawyers
worked in the areas of civil
rights or civil liberties. These
were the only levels of the legal
system on which they had a
direct impact.
However, since the mid
1960’s, there has been a
concentrated effort by law
schools and bar associations to
correct the shortage of Black
attorneys. As a result, more and
more Black college graduates are
overcoming the institutional
racism of the Law School
Admissions Test and the
expensive cost of three years in
law school. They are taking on
the rigorous study schedule and,
in predominately white law
schools, the exhausting
psychological pressures.
But what are they doing this
for? Do they feel a moral
committment to return to the
Black community where they
are sorely needed, but where
financial reVvards are nominal?
Or do they owe it to themselves
to join the “American Corporate
Establishment” where financial
success is almost guaranteed?
This same dilemma was
brought up in a panel discussion
during the Minority Law
Weekend, held February 10,
1973. The special program,
sponsored by the UNC Student
Bar Association, was designed
for Black students from all over
North Carolina interested in the
study of law. Practical aspects of
gaining admission to law school
were discussed, such as Law
School Admission Test scores,
scholarships, and special
financial programs available.
The role of the Black lawyer
in the community was discussed
by a distinguished panel of Black
attorneys and leaders, including
attorneys Frank Ballance of
Warrenton, Charles Beckton of
Chapel Hill, Professor Charles
Daye of the UNC Law School,
and UNC Student Body
President, Richard Epps.
It seemed to be the consensus
of the panel thit the first duty
of the black lawyer is to ensure
justice for all. Yet, he definitely
has a primary committment to
his native community. It is
common knowledge that Blacks
are tremendously
overrepresented as defendants in
the criminal courts. Therefore,
the Black lawyer can serve as a
valuable link between the
community and the criminal
justice system.
One of the major concerns
among the students attending
the panel discussion was that
many Blacks become lawyers
only to further their ambitions
of financial success. Once they
have accomplished this, they do
not concern themselves with the
lower class of the Black
community who constantly
appear in court as defendants or
complainants.
However, the members of the
panel agreed that it is possible
for Black lawyers to live
comfortably and still serve the
Black community. Attorneys
Beckton and Ballance asserted
that Black lawyers do have a
rather precarious financial
situation. First, their clientele is
predominantly poor. Secondly,
many Blacks will not patronize
Black lawyers when white
lawyers are available.
Mr. Ballance expressed his
practice of representing any
client that could pay his fee.
However, there was no one plan
agreed upon that would lead
Black lawyers to financial
security, while serving the Black
community. The general strategy
seemed to be one of hard work,
deferred gratification, and
patience.
The lawyer must first
establish himself as a competent
professional in order to secure a
clientele. This cannot be
accomplished easily or in a short
time. Due to the low-income
status of the majority of Blacks,
he must handle a large number
of cases, quickly, so the nominal
fees will add up to provide him a
liveable income.
Another issue which
concerned many of the students
attending the panel discussion
was whether the Black lawyer
had to “eat cheese” or assume
an inferior stance in order to
secure favorable treatment for
his client in court. The lawyers
on the panel agreed that they
would never lower themselves
below their requirements for
manhood to please court
officials.
However, as Mr. Beckton
stated, there are tactics a lawyer
can employ to win his case, such
as feigning a lack of
understanding of legal points in
order to catch his opponents off
guard. Moreover, as Beckton
added, there is no shame in
telling the court that a man has a
wife and children to support, or
any other circumstances which
individualize defendants. This is
one reason why judges have
sentencing discretion.
One point of disagreement
between the two Black lawyers
on the panel was who decides on
the lawyer’s demeanor in
court-he or his client. Mr.
Ballance stated that he would
handle the case anyway his
client directed. If his client
wanted him to make it a
political trial, he would make it
a political trial.
However, Mr. Beckton felt
that it was his place as the
trained professional to decide
what is best for his client inside
the courtroom. He made it clear
that a lawyer is not representing
“the people” when he defends a
Black person. He is ethically
obligated to act in the best
interest of his client, only
(unless the case is a “class
action,” a strategy successfully
applied by the NAACP in
breaking down segregation in
public schools).
Most of the students at the
panel discussion were mainly
concerned with the trial stage of
the legal process. However, 90
percent of all cases never reach
this formal adversary procedure.
The majority of cases which
come to the attention of law
enforcement authorities are
handled by plea-bargaining
between the prosecutor and the
defendant or his attorney behind
closed doors. This fact makes
the Black attorney even more
important to the Black
community.
At a time when the
defendant’s rights must take
second place to the efficient
administration of overloaded
court dockets and the career
ambitions and reputations of
judges, prosecutors, and defense
attorneys. Blacks need attorneys
who will take a personal interest
in their cases. They need
attorneys who will act in their
best interest instead of the
court’s.
Therefore, what is the role of
the Black lawyer in the
community? First, he serves
justice. He does not defend
Blacks only because they are
Black. Granted, that the legal
system in America still has some
elements of racism, all Blacks
suspected or convited of crimes
are not innocent. The Black
lawyer, judge, or prosecutor
should not feel bound by any
misplaced loyalty to
discriminate racially in the name
of Black unity or he will begin
to resemble white legal officers
who discriminate in the name of
white supremacy.
In serving the cause of justice.
Black lawyers should assist the
community in every way
possible. Their function as
defense attorneys is obvious.
But, they can also be valuable as
prosecuting attorneys and
judges. Our first thought is to
call Blacks in these roles of
authority, “Tom” or traitors
because they are accessories to
the unequal distribution of legal
justice.
Yet, it is in positions of
authority, that Blacks can be
more helpful than as defense
lawyers. A Black judge can
refuse to issue an arrest warrant
when police do not have
sufficient grounds. A Black
prosecutor can dismiss charges
against a defendant when the
evidence is not conclusive. These
.people can keep innocent Blacks
from ever going to court.
One activist Black lawyer
recently called the lawyer “a
double agent.” Haywood Burns
of the National Conference of
Black Lawyers uses this
interpretation of the Black
lawyer’s role in the following
observation: “He participates in
the process, but he can do so in
such a way as to maximize the
protection and the gains that are
possible for oppressed persons
under the existing order. He can
use the rules of the very system
that many of the oppressed are
challenging to insulate them so
that they can continue to go
about the business of
c h a 11 e n g e . ’ ’
(Continued from page 1)
How will these Black schools
survive? Is this another means of
rubbing out the predominately
Black institution in the South?
The GLS which replaces the
NDSL will benefit the banks
more than the students. The
loan from the banks would be
repaid at a 7.5 per cent interest,
instead of the 3 per cent rate of
the NDSL. In addition, the
banks will receive a subsidy from
the government that would add
up to a total of nine per cent on
each loan.
Students with
University-based aid, Johnston
Awards, Youth Fund Grants,
etc., are not in much better
■ condition. These grants may
have to be reduced in order to
cover more students.
Congress has not approved
Nixon’s new propo.sal, but
neither has it appropriated any
funds for the HOG or the NDSL
for the fiscal year of I 973.
So, UNC and other public
institutions of higher learning
are currently in a dilemma. They
cannot notify present students
and incoming freshmen of the
amount of money they are
eligible to receive next semester,
•because they themselves do not
know if there will be any
money.
According to H. Bentley
Renwich, assistant director of
admissions, this uncertainty plus
the fact that UNC did not waiver
the $10 admission fee this year
is a good indication that the
Black freshman class will be
smaller next year.
The increase funding for
Work Study means that more
students will have jobs next
semester. For an entering
freshman it is hard enough to
adapt to college life/studies
without the added burden of
working, too. And, for a
border-line student, fewer hours
for study would cause him to
flunk out.
Congress has until May I,
1973 to decide on the new
program. Now is the time to
write your Congressmen and
urge them to gel on the stick so
you will at least know if you can
afford to be in school next year.