Edit~ Breaking News Update: "The black school children of Huntsville effectively swapped lawyers and changed sides today."

Sonnie Hereford IV, 6, holds his father's hand as he arrives for his second day of integrated classes at Fifth Avenue Elementary School in Huntsville, Ala., Sept. 10, 1963. There were no incidents. Sonnie was turned away from the same school Friday by Alabama state troopers. (AP Photo)

It's about time.  So, the longtime NAACP attorney who sided with the Huntsville City School Board, the Mayor,  The Huntsville/Madison  Chamber of Commerce, and some PTA officers, against the black school children of Huntsville, was informed his services would no longer be needed on Monday.  In his place, retired federal judge, and longtime Civil Rights attorney, U.W. Clemons.

"As a practical matter, there is an irreconcilable conflict between the position that Mr. Clemon intends to pursue in the litigation and the positions that undersigned counsel has taken with respect to the pending motion," wrote Chachkin to the judge today, "a conflict that can only be a distraction as the Court seeks to address the issues in the case."

The black school children of Huntsville can once again thank Dr. Sonnie Wellington Hereford IV, who integrated Huntsville schools back in 1963, for coming to their rescue.

"I was concerned the document implied I had given a thumbs up to the plan, by what's on the very first page. When I contacted Huntsville City Schools with this question, the answer was this was now a class-action lawsuit, and the plaintiffs are represented by the NAACP Legal Defense Fund, who apparently had not expressed any opposition."  Read the full statement (PDF) here.

When I first read the brief filed  by the NAACP Legal Defense Fund on behalf of the Plaintiffs in the HCS desegregation lawsuit, I wondered how an organization steeped in civil rights law could be so out of step with the Plaintiffs, as outlined by the United States Department of Justice,  in their motion opposing the school districts rezoning plan?

Huntsville officials filed their plan in court on Feb. 7, despite federal opposition,. They say their plan guarantees better magnet schools, more advanced classes and bus transportation, while federal suggestions don't mention these areas. Chachkin had indicated that's why he supported the city plan.
But the Justice Department has contended Huntsville zone lines do little to increase desegregation within neighborhood schools.

The NAACP Legal Defense Fund Attorney was not opposed to the school construction plan (which was his first mistake), because of penalties the BOE would incur if they didn't start construction of the new Grissom and the new Johnson High Schools by a certain date due to Arbitrage (Page 6-7 and footnotes page 6). 

Counsel spoke for the Plaintiffs without speaking to the Plaintiffs, and therein lies the problem. Chachkin justifies his actions by noting  he has a special obligation granted to him by the court in rule 203, as amended in 2003, to protect the rights of the class.  The class needs to know if he is with the class or, with the school district.  Should the court revisit the decision to name a specific counsel/ firm as special counsel for the Plaintiffs?   

Huntsville City School Board Attorney J.R. Brooks responded to the sea change by spending more of our tax dollars, quickly filling a motion trying to keep Chachkin on the case and asking for a hearing. I wonder what part of he was fired didn't he understand?

"The legal issues in the case are what they are," said Brooks, "so we're going to present them."

I'm not a lawyer, but these are the legal issues in the case they will present:

May 17, 1954, marks a defining moment in the history of the United States.  On that day, the Supreme Court declared the doctrine of  “separate but equal” unconstitutional.

Huntsville City Schools continues to ignore the Supreme Court.

The Huntsville City School rezoning plan includes combining predominately black/brown/poor, Ed White Middle School and Davis Hills Middle school, and busing them to a predominately black school named after a black male astronaut, located less than half a mile from an active rock quarry, without involving the public.

The HCS rezoning plan includes combining predominately black/brown/poor Butler High School and J.O.Johnson High Schoo, busing them to a predominately black school named after a black female astronaut, located less than half a mile from an active rock quarry,   without involving the public.

The HCS rezoning plan promises to "look at" and "study" policies concerning academics and discipline, among other things,  without involving the public. 

North Huntsville Students are required to wear school uniforms, south Huntsville students are not required to wear school uniforms. " it's hard to see how different policies for majority black and for majority white schools will help dispel the vestiges of a dual system."

North Huntsville schools are staffed with Teach for America teachers, south Huntsville Teachers are staffed with certified educators.

J.O. Johnson High School is the only school being forced to change its name, and lose its legacy.

I wonder if Dr. Wardynski wishes any number of councilmen and officials had warned him it would be a gargantuan mistake to change the name of J.O. Johnson?

 Update: The attorney that is with Huntsville City Schools, the Mayor, the Chamber of Commerce, and some PTA officers, and against the black children of Huntsville is back on the case, and the attorney who is with the black children of Huntsville and against Huntsville City Schools, the Mayor, the Chamber of Commerce and some PTA officers is off the case.