Dallas County District Judge Entz' Motion for Establishment of Expedited Briefing Schedule

    HUGHES & LUCE 

3 2800 MOMENTUM PLACE 

  

1717 MAIN STREET 

DALLAS, TEXAS 25201 S00 ONE CONGRESS PLAZA 

I CONGRESS 

(214) 939-5500 AUSTIN, TEXAS 78701 

FAX (214) 939-6100 (512) 482-6800 

TELEX 730836 FAX (512) a82-6859 

Direct Dial Number 

(214) 939-5581 

January 16, 1990 

CERTIFIED MAIL RRR i’ 
RECEIPT NO. P 547 194 338 

wd 

Gilbert F. Ganucheau, Clerk 

U. 8S. Court 6f Appeals, 5th Circuit 
600 Camp-Street 
New Orleans, Louisiana 70130 
_ 

Re: League of United Latin American Citizens (LULAC), 
et al. v. Jim Mattox, et al., Cause No. 90-8014 

Dear Mr. Ganucheau: 

Enclosed please find an original and four copies of 
Defendant-Intervenor-Appellant Dallas County District Judge F. 

Harold Entz's Motion for Establishment of Expedited Briefing 
Schedule for filing in the above-referenced case. 

Please return a file-marked copy to me in the enclosed 
envelope. Please note that copies of the above document are 

being sent by certified mail to the other parties. 

Very truly yours, 

DCG/pai 

Enclosures 

 



   
HUGHES & LUCE 

Gilbert F. Canucheau, Clerk 
Page 2 

January 16, 1990 

cC: (CERTIFIED MAIL RRR w/enclosures) 
William L. Garrett 
Rolando Rios 
Spun Finkelstein 

errilyn A. Ifill 
Gabrielle K. McDonald 
Edward B. Cloutman, III 

E. Brice Cunningham 
Renea Hicks 
Ken Oden 

David R. Richards 
J. Eugene Clements 
Darrell Smith 

Michael J. Wood 
Joel H. Pullen 
Seagal V. Wheatley 
John. L., Hill, Jr. 
Michael Ramsey 

  

 



IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

LEAGUE OF UNITED LATIN AMERICAN 

CITIZENS (LULAC), et al., 

Plaintiffs-Appellees, 

Vv. NO. 90-8014 

F. HAROLD ENTZ, et al., 

Defendants-Appellants. 

DALLAS COUNTY DISTRICT JUDGE F. HAROLD ENTZ' 

MOTION FOR ESTABLISHMENT OF EXPEDITED BRIEFING SCHEDULE 
  

TO THE HONORABLE COURT OF APPEALS: 

Defendant-Intervenor-Appellant Dallas County District 

Judge F. Harold Entz ("Judge Entz") moves the Court to 

establish an expedited briefing schedule for the following 

reasons: 

1. In accordance with the Court's January 11, 1990 

order, which, among other things, expedited this appeal, Judge 

Entz requests that a briefing schedule be established, and 

proposes the following: 

A. Appellants’ briefs to be filed no later than 
February 13, 1990; 

B. Amici Curiae briefs in support of appellants to be 
filed no later than February 20, 1990; 
Appellee's briefs to be filed no later than February 
27, ‘1990; and 

Appellants' reply briefs and briefs of Amici Curiae 
in support of appellees to be filed no later than 
March 6, 1990. 

E. Oral argument, if needed, the week of March 12, 1990. 

In view of this compressed schedule, Judge Entz suggests 

that the Court require the parties serve their briefs on at 

MOTION FOR BRIEFING SCHEDULE 

Page - 1  



  

least one counsel for all parties by hand delivery or 

overnight delivery. 

2. This schedule is necessary in light of the special 

session of the Texas legislature that Governor Clements has 

called for February 27, 1990 to consider public school 

financing and judicial election systems in Texas. As this 

Court is aware, revamping Texas' system for electing state 

district judges is a significant task, involving action by not 

only the legislature, but also requiring the approval of the 

voters in Texas of any proposed state constitutional 

amendment. After those two steps, any proposed new plan would 

require Department of Justice approval. The time, expense, 

effort, and potential loss of judicial stability and expertise 

in the event such changes prove unnecessary cannot be 

overstated. The Texas Legislature is entitled to know if that 

effort is truly required before beginning such a massive 

undertaking. 

3. The proposed briefing schedule would allow this 

Court to review the district court's decision, which Judge 

Entz believes will result in reversal, before the legislature 

begins a potentially damaging and useless dismantling of 

Texas' current system. It absolutely 1s senseless for the 

Texas legislature to debate and put into effect a new election 

system for judges before it even is determined if the present 

system truly violates the Voting Rights Act. Moreover, if the 

Legislature were to act and the voters approve a 

MOTION FOR BRIEFING SCHEDULE 

Page —- 2 

 



  

constitutional amendment before this Court acts, it could 

conceivably moot the appeal. 

4. The proposed schedule is reasonable, given that all 

of the parties have already briefed the issues presented at 

least once in the trial court. 

5 Judge Entz understands that the court reporter is 

nearing completion of the transcript. Accordingly, Judge Entz 

requests the Court to instruct the district clerk and reporter 

to file the record no later than January 31, 1990. Judge Entz 

recognizes that this is an unusual request, but believes the 

gravity of this appeal and the related legislative events 

justify the request. 

WHEREFORE, Judge Entz requests this court to grant his 

motion for establishment of an expedited briefing schedule and 

issue instructions to the district clerk, as requested. 

Respectfully submitted, 

1 
ri 7 

/ Z| fi 

/ i = A A / 
ra 71 — 3 ket, 14 

: t- 2/4 \ *7 

Robert H. Mow, Jr. / 
David C. Godbey 
Bobby M. Rubarts 
Esther R. Rosenblum 

  

of HUGHES & LUCE 

2800 Momentum Place 

“™ ; 1717 Main Street 
: Dallas, Texas 75201 

(214) 939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ 

MOTION FOR BRIEFING SCHEDULE 

Page - 3 

 



    

CERTIFICATE OF SERVICE 
  

I certify that a true and correct copy of the foregoing 
instrument was served by certified mail, return receipt 
requested on William L. Garrett, Rolando Rios, Susan 
Finkelstein, Sehrrilyn A. Ifill, Gabrielle K. McDonald, Edward 
B. Cloutman, III, E. Brice Cunningham, Renea Hicks, Ken Oden, 
David R. Richards, J. Eugene Clements, Darrell Smith, Michael 
J. Wood, Joel H. Pullen, Seagal V. Wheatley, John L. Hill, 
Jr., and Michael Ramsey in accordance with the Federal Rules 
of Appellate Procedure this [6th day of January, 1990. 

Vk 
  

52800010:186 

MOTION FOR BRIEFING SCHEDULE 

Page - 4