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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 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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