Notice of Deposition on Written Questions; Plaintiffs' Answer to Defendant-Intervenor Wood's Second Amended Counterclaim

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LAW OFFICES OF 

TEXAS RURAL LEGAL AID, INC. 
201 NORTH ST. MARY'S ST.. SUITE 600 

SAN ANTONIO. TEXAS 78205 
(512) 222-2478 

  

/ TO: All counsel of record 
FROM: Susan Finkelstein ¢ 
RE: LULAC et al v Mattox et al 

Civil Action No. MO-88-CA-154 
DATE: June 1, 1989 

  

MEMORANDUM 

I am delivering to you by federal express copies of a Notice of Deposition on Written Questions (LULAC Statewide) and Plaintiffs’ Answer to Defendant Wood’s Second Amended Counterclaim. 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC, et al., 

Plaintiffs, 

MATTOX, et al., 

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Defendants. 

NOTICE OF DEPOSITION ON WRITTEN QUESTIONS 

TO: LULAC (Statewide), c/o John Garcia, President, 2226 Montana 
Avenue, El Paso, Texas 79903. 

Please take notice that Plaintiffs will take the deposition 

on written questions of LULAC (Statewide) pursuant to Fed. R. Civ. 

P. 26, 31 and 45. The deposition will take place at 2226 Montana, 

El Paso, Texas 79903, the offices of John Garcia, the President of 

LULAC (Statewide), before an officer authorized to administer oaths 

in the State of Texas. Your attorney is invited to present written 

questions in accordance with the provisions of F.R.Civ.P. 31(a). 

Unless otherwise stated, the terms "identify," "identity" or 

"identification" mean when used in reference to: 

A. A natural person, his or her: 

1. full name; 

2. present or last known home and business address, 

including street name and number, city or town and 

state; 

3. present or last known home and business telephone 

1 

 



  

number; and 

4. present or last known position, job title and job 

description. 

B. A company, corporation, association, partnership, joint 

venture, or any legal entity other than a natural person, its: 

1. full name and type of organization or entity; 

2. address of principal place of business; and 

3. business telephone number. 

A document, its: 

1. date and title; 

2. author; 

3. addressee; 

4. a precise description of the contents thereof; and 

5. the identity of the person having possession of the 

document. 

D. An election, the: 

l. date; 

2. type of election, specifically state, county, city, 

primary election, general election, or referendum: 

3. identity of the person having possession of the 

official returns by precinct. 

The terms, "document" or "documents" mean all writing of any 

kind (including the originals and all non-identical copies, whether 

different from the original by reason of any notation made on such 

copies or otherwise), regardless of their origin or location, 

including without limitation, correspondence, memoranda, notes, 

 



  

diaries, statistics, letters, telegrams, minutes, contracts, 

reports, studies, applications and proposals for federal and state 

financial assistance, checks, statements, receipts, returns, 

summaries, pamphlets, books, charts, maps, interoffice and 

intraoffice communications, notations of any sort of conversations, 

bulletins, printed matter, computer printouts, teletypes, telefax, 

worksheets and drafts, alterations, modifications, changes, and 

amendments of any of the foregoing, graphic or aural records or 

representations of any kind (including without limitation, 

photographs, charts, graphs, microfiche, videotapes, recordings, 

motion pictures) and electronic, mechanical or electric records or 

representations of any kind (including without limitation, tapes, 

cassettes, mag cards, disks, and recordings). 

The term "all documents" means every document as above defined 

known to you and every such document which can be located or 

discovered by reasonably diligent efforts. 

The term "person" means any natural person, corporation, 

partnership, proprietorship, association, organization or group of 

natural persons. 

The terms "you" or "your" means LULAC (Statewide) and all 

other persons acting or purporting to act on its behalf. 

If a request is made for the identification of documents which 

are no longer in your possession or subject to your control, state 

when and what disposition was made of them. 

For each question, or part of a question, which you refuse to 

answer on the grounds of privilege (the term "privilege" includes 

 



  

work product): 

a. state the nature of the privilege and the basis upon 

which the claim of privilege is made; and 

b. in addition, if the claim of privilege is asserted 

with regard to a document, a precise description of 

the contents of the documents. 

QUESTION 1 

Are you an officer of LULAC (Statewide)? If so, what office 

do you hold? 

QUESTION 2 

As an officer of LULAC (Statewide) are you familiar with the 

organization’s membership in the various counties in Texas? If s0, 

how have you become familiar with the membership statistics? 

QUESTION 3 

Does LULAC (Statewide) have members in Harris County? 

QUESTION 4 

Does LULAC (Statewide) have members in Dallas County? 

QUESTION 5 

Does LULAC (Statewide) have members in Tarrant County? 

QUESTION 6 

Does LULAC (Statewide) have members in Bexar County? 

QUESTION 7 

Does LULAC (Statewide) have members in Travis County? 

QUESTION 8 

Does LULAC (Statewide) have members in Jefferson County? 

QUESTION 9 

 



  

Does LULAC (Statewide) have members in Lubbock County? 

QUESTION 10 

Does LULAC (Statewide) have members in Galveston County? 

QUESTION 11 

Does LULAC (Statewide) have members in McLennan County? 

QUESTION 12 

Does LULAC (Statewide) have members in Fort Bend County? 

QUESTION 13 

Does LULAC (Statewide) have members in Smith County? 

QUESTION 14 | 

Does LULAC (Statewide) have members in Ector County? 

QUESTION 15 

Does LULAC (Statewide) have members in Midland County? 

QUESTION 16 

Does LULAC (Statewide) have members in El Paso, Culberson 

and/or Hudspeth Counties? 

QUESTION 17 

Does LULAC (Statewide) have members who are Hispanic? 

QUESTION 18 

Does LULAC (Statewide) have members who are Black? 

QUESTION 19 

As an officer of LULAC (Statewide) are you familiar with the 

concerns of your members? If so, how have you become familiar with 

their concerns? 

QUESTION 20 

Are you familiar with this lawsuit? 

 



  

UESTION 21 

What is the interest of your members in this lawsuit? 

Dated: June 1, 1989 

Respectfully submitted: 

GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

William L. Garrett 
Brenda Hull Thompson 
8300 Douglas #800 
Dallas, Texas 75225 
(214)369-1952 
LEAD COUNSEL 

ROLANDO L. RIOS 
ATTORNEY AT LAW 

201 N. St. Mary’s #521 
San Antonio, Texas 78205 
(512)222-2102 

SUSAN FINKELSTEIN 

STAFF ATTORNEY 

TEXAS RURAL LEGAL AID, INC. 
201 N. St. Mary's #600 
San Antonio, Texas 78205 
(512)222-2478 

  

BY: 4 ra fot 20 
ATTORNEY FOR PLAINTIFFS 

CERTIFICATE OF SERVICE 
  

I, Susan Finkelstein, do hereby certify that a true and 

correct copy of Notice of Deposition on Written Questions (LULAC 

Statewide) has been mailed via certified mail with correct postage 

 



ATTORNEY 

Plaintiff - Intervenors 
  

Edward B. Cloutman, III 
MULLINAX, WELLS, BAAB & 

CLOUTMAN, P. C. 
3301 Elm 

Dallas, TX 75226-9222 
214/939-9222 FAX: 214/939-9229 

E. Brice Cunningham 
Attorney at Law 
777 S. R. L. Thornton Fwy, Suite 121 
Dallas, TX 75203 
214/428-3793 

Julius Levonne Chambers 
Sherrilyn A. Ifill 
NAACP Legal Defense & Educational 

Fund, Inc. 

99 Hudson St., 16th floor 
New York, NY 10013 
212/219-1900 

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB 
301 Congress Ave., Suite 2050 
Austin, TX 78701 
512/320-5055 

Defendants 

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General’s Office 
P. O. Box 12548 
Austin, TX 78711 
512/463-2085 

Defendant-Intervenors 

J. Eugene Clements 
E. O'Neill 
Evelyn V. Keys 
PORTER & CLEMENTS 

REPRESENTING 

Jesse Oliver 

Joan Winn White 

Fred Tinsley 

Jesse Oliver 

Joan Winn White 

Fred Tinsley 

Houston Lawyers Assn. 
Francis Williams 

Rev. William Lawson 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 
Texas Legislative 

Black Caucus 

All Defendants 

Judge Sharolyn Wood 
of Harris County  



  

700 Louisiana, Suite 3500 
Houston, TX 77002-2730 
713/226-0600 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, TX 78230 
512/641-9944 

Michael J. Wood 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, TX 77002 
713/228-5105 

Mark H. Dettman 
County Attorney 
P. O. Box 2559 
Midland, TX 79702 
915/688-1084 

Ken Oden 
Travis County Attorney 
P. O. Box 1748 
Austin, TX 78767 
512/473-9415 

David R. Richards 
Special Counsel 
600 W. 7th St. 
Austin, TX 78701 

Robert H. Mow, Jr. 
HUGHES & LUCE 

2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201 
214/939-5500 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Midland County & 
District Judges 

Travis County District 
Judges 

Travis County District 
Judges 

Judge Harold Entz 
of Dallas County 

each at the correct address on this 1st day of June, 1989. 

2. fob lotion 
  

ATTORNEY FOR PLAINTIFF 

 



LAW OFFICES OF 

TEXAS RURAL LEGAL AID, INC. 
201 NORTH ST. MARY'S ST.. SUITE 600 

SAN ANTONIO. TEXAS 78205 

(512) 222-2478 

  

April 20, 1989 

John D. Neil 
Deputy Clerk 
200 East Wall Street 
Midland, Texas 79702 

Re: LULAC et al v Mattox et al 
Civil Action No. MO-88-CA-154 

Dear Mr. Neil: 

I am enclosing an original and two copies of Plaintiffs’ Answer to 
Defendant-Intervenor Wood’s Second Amended Counterclaim. Could you 
please file them at your convenience? 

Also, I am enclosing a stamped, self-addressed envelope. Could you 
please mark one of the copies with your filemark and return it to 
me? 

In advance, thank you for your help. 

Sincerely yours, 
/ wo 

AC 0k 
Susan Finkelstein 
Staff Attorney 

RRR P 759 526 212 

xc: all counsel of record 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC, et al., 

Plaintiffs, 

vs. NO. MO-88-CA-154 

MATTOX, et al., 

* 
% 

oF
 

¥ 
% 

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¥ 
* 

* 

Defendants. 

PLAINTIFFS’ ANSWER TO DEFENDANT-INTERVENOR 
WOOD'S SECOND AMENDED COUNTERCLAIM 

TO THE HONORABLE COURT: 

1, This litigation concerns claims that the existing system 

of electing district court judges in various Texas counties 

violates the United States constitution and Section 2 of the Voting 

Rights Act, as amended. As part of her Second Amended Answer, 

Defendant-Intervenor Wood has filed a Second Amended Counterclaim. 

Plaintiffs answer Defendant-Intervenor Wood's Second Amended 

Counterclaim as follows': 

2. Plaintiffs admit the allegations included in Paragraphs 

1.1 through 1.3. 

3. Plaintiffs admit that Paragraphs 1.4 through 1.6 

accurately restate the statutes cited. 

4. Plaintiffs deny the allegations included in Paragraph 1.7 
  

'Wood'’s counterclaim begins with Paragraph 7.1 of her Answer and Counterclaim. Paragraph 7.1 incorporates by reference Paragraphs 1.1 through 6.8. Plaintiffs refer to each Paragraph by its original numbering, ie, 1.1, 1.2 etc., to avoid confusion. 

1 

 



  

except to the extant that it 1l)states that the State of Texas seeks 

an efficient, prompt and fundamentally fair system of 

administration of justice and 2) quotes accurately from Plaintiffs’ 

pleadings. 

5. In response to Paragraph 1.8, Plaintiffs admit that they 

claim that the election system for district court judges in various 

counties in Texas violates the United States constitution and 

Section 2 of the Voting Rights Act. They further admit that the 

target counties are widely spread over the State of Texas. They 

deny, however, that their complaint "is essentially that when the 

target counties ... are considered as an aggregate, the 

proportional representation of black and/or Hispanic judges in 

those counties is less than the proportion of minorities in the 

gross population of those aggregated counties." 

6. Plaintiffs admit the allegations of Paragraph 1.9. 

7. Paragraphs 2.1 and 2.2 do not require a responsive 

pleading. 

8. Plaintiffs admit that the Court has jurisdiction over 

this dispute, as alleged in Paragraph 2.3. 

9. Paragraphs 2.4 through 2.6 do not require a responsive 

pleading. 

10. Plaintiffs deny the allegations contained in Paragraphs 

2.7 through 2.9. 

11. Paragraph 3.1 does not require a responsive pleading. 

12. Plaintiffs deny the allegations contained in Paragraphs 

3.2 and 3.3. Further, they claim that Defendant-Intervenor Wood 

 



  

does not have standing to raise these issues because Plaintiffs 

reside in Harris County, where she resides and presides. 

13. Paragraph 4.1 does not require a responsive pleading. 

14. Plaintiffs deny the allegations included in Paragraph 

4.2 except that they admit that district court judges do not decide 

cases "as members of a collegial decision making body." 

15. Plaintiffs deny the allegations contained in Paragraph 

4.3 except that they admit that district courts in Harris County 

specialize in the areas of general, civil, criminal and family law. 

16. Paragraph 5.1 does not require a responsive pleading. 

17. Plaintiffs deny the allegations included in Paragraph 

5.2, 

18. No response to Paragraph 6.1 is necessary. 

19. Plaintiffs deny the allegations included in Paragraph 

6.2. 

20. Paragraphs 6.3 - 6.7 contain legal conclusions for which 

no responsive pleading is required. 

21. Paragraph 6.8 includes legal conclusions for which no 

response is requried. To the extent that a response is required, 

Plaintiffs deny the allegations included in Paragraph 6.8. 

22. Paragraph 7.1 does not require a responsive pleading. 

23. Paragraphs 7.2 - 7.3 contain legal conclusions for which 

no responsive pleading is required. 

24. Plaintiffs deny Paragraph 7.5. 

THEREFORE, Plaintiffs request that the Court deny all of the 

relief that Defendant-Intervenor Wood requests. 

 



  

Dated: June 1, 1989 

Respectfully submitted: 

GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

William L. Garrett 
Brenda Hull Thompson 
8300 Douglas #800 
Dallas, Texas 75225 
(214)369-1952 
LEAD COUNSEL 

ROLANDO L. RIOS 

ATTORNEY AT LAW 

201 N. St. Mary's #521 
San Antonio, Texas 78205 
(512)222-2102 

SUSAN FINKELSTEIN 

STAFF ATTORNEY 

TEXAS RURAL LEGAL AID, INC. 

201 N. St. Mary’s #600 
San Antonio, Texas 78205 
(512)222-2478 

pe 

BY: (AAI ~~ AIR a 

ATTORNEY FOR PLAINTIFFS 
  

CERTIFICATE OF SERVICE 
  

I, Susan Finkelstein, do hereby certify that a true and 

correct copy of Plaintiffs’ Answer to Defendant-Intervenor Wood's 

Second Counterclaim has been sent via federal express to: 

 



  

ATTORNEY 

Plaintiff - Intervenors 

  

Edward B. Cloutman, III 
MULLINAX, WELLS, BAAB & 

CLOUTMAN, P. C. 
3301 Elm 
Dallas, TX 75226-9222 
214/939-9222 FAX: 214/939-9229 

E. Brice Cunningham 
Attorney at Law 
777 S. R. L. Thornton Fwy, Suite 121 
Dallas, TX 75203 
214/428-3793 

Julius Levonne Chambers 
Sherrilyn A. Ifill 
NAACP Legal Defense & Educational 

Fund, Inc. 
99 Hudson St., 16th floor 
New York, NY 10013 
212/219-1900 

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB 
301 Congress Ave., Suite 2050 
Austin, TX 78701 
512/320-5055 

Defendants 

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General’s Office 
P. O. Box 12548 
Austin, TX 78711 
512/463-2085 

REPRESENTING 

Jesse Oliver 

Joan Winn White 

Fred Tinsley 

Jesse Oliver 

Joan Winn White 

Fred Tinsley 

Houston Lawyers Assn. 
Francis Williams 

Rev. William Lawson 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 
Texas Legislative 

Black Caucus 

All Defendants 

 



  

Defendant-Intervenors 

  

J. Eugene Clements 
E. O'Neill 
Evelyn V. Keys 
PORTER & CLEMENTS 
700 Louisiana, Suite 3500 
Houston, TX 77002-2730 
713/226-0600 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, TX 78230 
512/641-9944 

Michael J. Wood 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, TX 77002 
713/228-5105 

Mark H. Dettman 
County Attorney 
P. O. Box 2559 
Midland, TX 79702 
915/688-1084 

Ken Oden 
Travis County Attorney 
P. O. Box 1748 
Austin, TX 78767 
512/473-9415 

David R. Richards 
Special Counsel 
600 W. 7th St. 
Austin, TX 78701 

Robert H. Mow, Jr. 
HUGHES & LUCE 
2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201 
214/939-5500 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Midland County & 
District Judges 

Travis County District 
Judges 

Travis County District 
Judges 

Judge Harold Entz 
of Dallas County 

 



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each at the correct address on this 1st day of June, 1989. 

J om 
  

ATTORNEY FOR PLAINTIFF 
Fd