the merits, Mr. Colman began to prepare a supplemental fee petition.)
Between January 20 and April 14, counsel for the Crosby plaintiffs and
for the Commission worked on various alternative map proposals, met with
and communicated with their clients, and participated in numerous
conversations with opposing counsel with regard to the settlement of the
merits of this case. At no time prior to April 20, 1983, did counsel for
these parties discuss with one another any proposal relating to the
settlement of the attorneys' fees issues. Prior to April 20, 1983, the
only discussion between opposing counsel relating to attorneys' fees was
that that question would be taken up only if and only after an agreement
was reached on a new map.
(g) The new map, which was ultimately approved by the Court, was agreed
to at Springfield, Illinois on April 14, 1983, by Speaker Madigan, Mr.
Newhouse, Ms. Braun, Mr. Colman and Mr. Harte. Prior to agreeing to this
map, counsel for the Crosby plaintiffs consulted with every black
legislator from Chicago and each legislator — be they "independent"
or "machine" — vehemently objected to alternative proposals and
endorsed the map which was subsequently presented to this Court. Ms.
Braun and Mr. Newbouse conditioned their approval of the map on the
concurrence of Mayor-elect Harold Washington.
(h) On Sunday, April 17, 1983, Mr. Colman, Ms. Braun and Mr. Newhouse
met with Mayor-elect Harold Washington. The map ultimately approved by
the Court, as well as various alternatives, were shown to and discussed
with Mayor-elect Washington, who approved the map ultimately approved by
(i) The next day, April 18, 1983, Mr. Colman, Ms. Braun, Mr. Harte,
Mayor-elect Washington and Speaker Madigan met in Mayor-elect
Washington's congressional office in Chicago. At this meeting, the map
ultimately approved by this Court was discussed and approved by all
present. The only issue relating to the map that was left unresolved as of
this meeting related to the proposed changes on the West Side of the City
of Chicago that would have placed Senator Earleen Collins back into her
existing senatorial district. It was agreed that the attorneys would make
every effort to accommodate Senator Collins and that they would go to
Court, if necessary, to seek the Court's approval for that change in the
(j) From April 18 until May 27, 1983, the day the settlement agreement
and proposed consent decree were presented to this Court, the parties
discussed (i) how to facilitate the Collins change, (ii) whether the
defendants would agree to the publication of the Court's earlier
decisions, and (iii) whether the defendants were going to seek certain
changes in the Court's findings relating to intentional discrimination.
The Collins issue was presented to this Court during the Seventh
Circuit Judicial Conference in a court reported session at the Ambassador
West Hotel on May 2, 1983, and was subsequently resolved in a manner
satisfactory to the Crosby plaintiffs. With regard to the remaining two
"substantive issues," the Crosby plaintiffs withdrew one paragraph from
the settlement agreement which stated that the Commission agreed to the
publication of this Court's opinions and the Commission's counsel decided
not to seek any revisions of those opinions. (See Exhibit 2.)
(k) Plaintiffs finalized a draft of their Consolidated Fee Petition on
April 23, 1983 (see Exhibit 3). At that time, discussions between counsel
for the parties with regard to fees commenced — this was after
agreement was reached on the new map.
On April 26, 1983, plaintiffs' counsel sent drafts of the consolidated
petition to First Assistant Attorney General Paul Biebel and William J.
Harte in order to facilitate a possible resolution of the attorneys' fees
issues. (See Exhibit 4.) As noted in the April 26 letter, it was the
position of plaintiffs' counsel that if there were a settlement of the fee
issues (i) plaintiffs' counsel would forego petitioning for a multiplier
greater than 20% and (ii) Mr. Newhouse and Ms. Braun would waive their
request for fees for the period of time subsequent
to the filing of their interim petitions in February, 1982. [In April,
1983; the Seventh Circuit returned its decision on the attorneys' fees
issue n the Congressional redistricting case. In that decision, a copy of
which is attached hereto as Exhibit 5, the Seventh Circuit acknowledged
the great import of redistricting cases and awarded a multiplier of 20%
to the prevailing attorney, who also happened to be the attorney for the
Commission in this case.] Several other dissuasions and meetings ensued
between the parties relative to the attorneys' fees issues prior to the
hearing before the Court on May 27, 1983.
5. The chronology outlined above summarizes the marizes in which the
issues in this case were settled. At no time were the attorneys' fees
issues linked to the settlement of the substantive issues in this case.
The settlement was negotiated at a time when blacks and whites in this
City were greatly divided over the personalities involved in a heated
mayoral election. Counsel dealt with their clients, incumbent politicians
and each other in an effort to resolve this case in a manner that was
fair and just and that would bring people together — not divide
them. With the sole exception of Judge Grady, everyone with whom we have
dealt — regardless of race — has expressed their gratitude
for the efforts expended and the results achieved under extremely trying
The settlement of this litigation should not be enveloped in the cloud
of Judge Grady's charges. If he is correct, this Court has an obligation
to set aside the Consent Decree. If he is wrong, as we know he is, both
Judge Grady and this Court's majority should acknowledge that the
settlement was negotiated in accordance with the law and the ethical
standards of our profession.
/s/ Jeffery D. Coleman
Thomas P. Sullivan One of the attorneys for the
Jeffrey D. Colman Cosby Plaintiffs
JENNER & BLOCK
One IBM Plaza
Chicago, IL 60611
Carol Moseley Braun
5434 South Hyde Park Blvd.
Chicago, IL 60615
Richard H. Newbouse, Jr.
5533 South Cornell
Chicago. IL 60615
/s/William J. Harte
William J. Harte One of the attorneys for the
111 West Washington St. Defendants
Chicago, IL 80602