ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, March 30, 1993                   TAG: 9303300185
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: PAUL DELLINGER SOUTHWEST BUREAU
DATELINE: MARION                                LENGTH: Medium


BLACK RESIDENTS SEEK DISMISSAL OF MAGISTRATE

A group of black Smyth County residents said Monday they were not satisfied with a public apology from a magistrate who listed an address on a subpoena last month as "Nigger Hollow."

Seven representatives of the black community came away from a private meeting with court officials Monday afternoon wanting more.

"We asked for her immediate dismissal, and nothing was said," Nancy Purefoy said after the meeting.

Magistrate Carolyn Thomas apologized during the meeting and also in writing.

"I want it to be known that on my part there are not and were not any racial slurs being made by putting this address on the subpoenas," she said. "I am not a racial person. I never have been and I never will be."

She had issued three warrants and three subpoenas on the night of Feb. 9 at the request of Bain Johnson, who insisted that "Nigger Hollow, Route 1" was the only address he had for some witnesses in the Sugar Grove area. It was unknown why Johnson requested the warrants.

She said she asked a member of the county Sheriff's Department if there was such an address, and was told it had been written on a wall map in the department. She then used the address supplied by Johnson.

"She did not realize, she said, that `nigger' was being used as a racial slur," said Lorraine Jackson, one of the six county residents meeting with the court officials.

"It was totally unprofessional," Jackson said. "We don't want this to be a trouble-causing thing. We just want something done. We don't want anything like this to happen again."

"Our office agrees that the best judgment was not used in this instance. The Smyth County judges and the chief magistrate have met to ensure that similar incidences do not occur in the future," Robert N. Baldwin, executive secretary with the Supreme Court of Virginia, wrote Becky P. Antone, another resident at the meeting.

George VanHoy, chief magistrate for the 28th Judicial District, issued a policy statement ordering magistrates not to use any address or description "which could be perceived as derogatory, offensive, demeaning, or discriminatory in preparing court documents," Baldwin said.

Antone showed a 1954 deed describing that part of Virginia 745 as Chisenhall Branch Road, which she said is the correct designation.

"I just feel like that meeting was useless," she said. "We're not going to let it end with this, a public apology. I'm not."

Marian Hayes, who sent letters of complaint about the address wording to officials including President Clinton, U.S. Sen. Charles Robb and Gov. Douglas Wilder, said any disciplinary action against Thomas in addition to the apology was not disclosed. "They said the rest of it was between her and her supervisors," Hayes said.

Also attending the meeting were Thomas, VanHoy, Circuit Judge C.H. Smith Jr., General District Judge Thomas L. Hutton Jr., Chief Smyth County Deputy Buddy Farris and Smyth County Commonwealth's Attorney Roy Evans Jr.

Members of the group from Sugar Grove said Farris told them the map with the reference on it had been removed.



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