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24 U. Rich. L. Rev. 361 (1989-1990)
Race, Trial Strategy and Legal Ethics

handle is hein.journals/urich24 and id is 377 raw text is: RACE, TRIAL STRATEGY AND LEGAL ETHICS Timothy Kaine* I. INTRODUCTION I recently tried a housing discrimination suit in the United States District Court for the Eastern District of Virginia. I repre- sented a black plaintiff suing a white defendant for refusing to rent her an apartment. The defendant tol a third party that her deci- sion was racially motivated. While the defendant planned to deny any impropriety, liability was likely and the real issue in the case was the appropriate remedy. The first step in the trial process was the selection of the jury. The clerk's office provided me with a master list of venire mem- bers, showing approximately thirty individuals who might be pre- sent from whom to choose the six-person jury used in civil trials. Through jury profiles kept in the clerk's office and made available to lawyers, I knew each potential juror's age, sex, residence, em- ployment status, marital status, educational level and race. From the list of thirty potential jurors, eighteen appeared in court. Fourteen were white and four were black. After establishing that none could be challenged for cause, the judge called six mem- bers forward. I exercised two peremptory challenges to strike white veniremen; defense counsel struck the sole black venireman. Three new panel members were called. I used my final peremptory chal- lenge to strike another white venireman. Defense counsel used his second challenge to strike a new black venireman. The court called two new members, one of whom was black. Defense counsel used his final peremptory challenge to strike this black venireman. The jury was now five-sixths complete. Each of the five selected members were white. Still waiting to be called were six white panel members and one black panel member. I seethed inside at my op- ponent's successful use of peremptory strikes to eliminate black ju- rors. The judge called the final venireman's name and she stepped * Director, Mezzullo & McCandlish, Richmond, Virginia; Adjunct Associate Professor of Law, T.C. Williams School of Law, University of Richmond; J.D., Harvard Law School; A.B., University of Missouri.

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