Historic lawsuit payments begin
Published 9:59 pm Wednesday, September 25, 2013
As the five-year anniversary of civil rights figure and legendary lawyer J.L. Chestnut’s death approaches, some of his most important work is paying off for Dallas County residents.
Award letters have started rolling in from a $1.2 billion black farmers discrimination suit, Probate Judge Kim Ballard said.
The suit, also known as the Pigford case, alleged African-American farmers were being denied loans because of their race. Congress officially approved the settlement in 2010.
J.L. Chestnut was the lead lawyer in the case, which was one of his largest and most important, municipal court judge and J.L. Chestnut’s cousin Prince Chestnut said.
“He wasn’t the lead lawyer at first, a lawyer in Washington D.C. actually started the case, but once he got involved he became the lead lawyer,” Prince Chestnut said. “He captured the passion of the farmers.”
The case went so well for J.L. Chestnut, he was quoted by the judge seven times in the 67-page court degree approving the settlement. Prince Chestnut equated being quoted in a decision to being named the most valuable player in the super bowl.
“Typically the judge just talks about the law, but when you individually name an attorney and talk about how important his contributions are, it’s really a big deal.”
Chestnut died Sept. 30, 2008. Nearly three years after the settlement was approved, farmers may finally begin to receive a payout.
Ballard said his office has received more than a dozen letters, awarding money to farmers.
The maximum payment is $62,500, but $12,500 is taken out for taxes, leaving farmers with a total of $50,000, Ballard said.
Awarding the money won’t be simple. Many of the farmers who originally filed the suit are deceased, he said. As a result Ballard has to set up estates for each farmer to distribute the money to descendants.
“It’s going to be a process, at best six months before the money is awarded,” Ballard said. “If there is unknown heirs, like an illegitimate child, that could complicate things further.”
Before farmers can begin receiving money, Ballard said any creditors will have a period to file a claim. After any creditors, Ballard said the case will finally be put to rest.
“I wish J.L. could have been here to see this,” Ballard said. “It’s certainly coincidental that it’s so close to the five-year anniversary of his death.”