JACKSON - The Mississippi Supreme Court could be without a black judge for the first time since 1985 if Justice James Graves comes up short in a runoff this month against Rankin County Circuit Judge Samac Richardson.
Graves has been on the court since 2001, when he was appointed by then-Gov. Ronnie Musgrove, a Democrat. Graves won 48 percent of Tuesday's vote in unofficial election returns, forcing a Nov. 16 runoff with Richardson.
Of the four justices trying to keep seats Tuesday, Graves is the only one who didn't win outright.
The issue of race crept into the campaign when a newspaper columnist and others questioned Richardson's slogan, "One of Us." Richardson, who is white, said the slogan had no racial connotation.
If Richardson wins, he would join seven other white, male justices. Justice Kay Cobb is the only woman on the court.
Observers say it's important for the state Supreme Court to reflect the diversity of the Mississippi's population, which is 33 percent black.
Mario Mandina, chief executive officer of the National Lawyers Association, said diversity helps balance the court. Mandina's association is based in Missouri, where the Supreme Court's chief justice, Ronnie White, is black.
However, Missouri's governor appoints judges, and after a few years, the judges run in retention elections in which voters decide whether to keep them on the court.
"I don't think anybody can remember when a judge is not retained," Mandina said.
Mississippi's justices are elected in what are supposed to be nonpartisan races, but the state Republican Party endorsed some of the Supreme Court candidates this year.
John Winkle, a political science professor at the University of Mississippi, said diversity on the bench is a political trend that began when President Lyndon Johnson appointed Thurgood Marshall to the U.S. Supreme Court in 1967.
"Because of this growing political notion of group representation on the court, it has become important not only to nominating presidents, but to citizens nationwide that their courts reflect, to some degree, the demographics of their state and nation," Winkle said.
Reuben Anderson became the first black member of the Mississippi Supreme Court after being appointed by Gov. Bill Allain in 1985. Anderson held the same post Graves is fighting to keep.
Graves was a Hinds County circuit judge when he was appointed to fill the vacancy left by Fred Banks. Banks had succeeded Anderson in 1991.
On Wednesday, Graves downplayed the role of race in the election.
"Democracy demands we respect diversity and differences of opinions," said Graves, adding that he would spend the next few days trying to educate the public about the importance of the election.
Richardson said he expected the election to result in the runoff since there were four candidates vying for the post. The other two were Hinds County Justice Court Judge Bill Skinner and Ceola James, a former chancery judge.
"We're going to be making phone calls and contacting supporters, doing radio and TV. and the traditional things you need to do to get voters back out for you," Richardson said.
Winkle said the odds favor Graves in the Nov. 16 runoff.
"Runoff elections tend to have lower voter turnout, but seldom does the candidate in the general election who has a large lead lose," Winkle said.
Graves out-raised his challengers in campaign contributions, collecting $484,465, according to finance reports. Most of his funds were generated by attorneys.
Richardson raised $257,740, with much of it coming from business, doctors and lawyers. Richardson also received campaign support from Improve Mississippi, a political action committee heavily funded by the American Tort Reform Association, which advocates limits on awards in civil justice lawsuits.
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