The next regular election for state judges will be in 2014.
The lawyers said that only five of the 178 state judges are black.
The civil suit is before the state judge, who can order a new election.
He later briefly served as a state judge from 1850 to 1851.
All other state judges, however, must step down at 70.
The case was argued last week before a state judge, who has yet to issue a decision.
Then, a state judge refused to hold him on a murder investigation.
In other words, whatever state judges did would not matter.
A state judge and three others were killed in the incident.
Last month a state judge ruled in favor of the board.