Correspondence from Butler to Karlan; Motion for Leave of Court to File Brief as Amicus Curiae; Memorandum in Support of Motion for Leave of Court to File Brief as Amicus Curiae

    BUTLER, HEEBE & HIRSCH 
(A PROFESSIONAL CORPORATION) 

ATTORNEYS AND COUNSELORS AT LAW 

712 AM ERICAN BANK BUILDIN G 

NEW ORLEANS, LOUISIANA 70130 
PETER J. BUTLER 

AUBREY B.HIRSCFI, JR. 

RICHARD M . IRELAND, JR. 

May 24, 1988 

Pam Karlan, Esquire 
99 Hudson Street 
16th floor 
New York, New York 10013 

RE: Ronald Chisom, et al 
v. Edwin Edwards, et al 
No. 87-3463 
United States Court of Appeals 
Fifth Circuit 

Dear Pam: 

OF COU NSEL 

FREDERICK R. HEEBE 

(504) 524-3731 

Pursuant to our telephone conversation of this day, I am enclosing a copy of the 
Motion for Leave of Court to File an Amicus Curiae Brief which I filed in the 
captioned matter on behalf of Judge Marcus. By carbon copy of this letter 
addressed to Bill Quigley, I am also forwarding to him a copy of these pleadings. 

As I explained to you on the telephone, my secretary copied the service list 
attached to your pleadings in the Fifth Circuit; thus, counsel for the appellees 
received a copy of the pleadings, but counsel for the appellants did not. Please 
excuse the error. 

With kindest personal regards, I remain, 

Yours truly, 

PETER J. IsC3L'ER 

PJB/kmg 
Enclosures 

cc: William P. Quigley, Esquire 



IN THE 

UNITED STATES COURT OF APPEAL 

FOR THE FIFTH CIRCUIT 

NO. 87-3463 

RONALD.CHISOM, et at 
Plaintiffs-Appellants 

versus 

EDWIN EDWARDS, et at 
Defendants-Appellees 

MOTION FOR LEAVE OF COURT TO 
FILE BRIEF AS AMICUS CURIAE  

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ict 

MAil 1 b 1989 
Ate. 

4,tv ORLEANS,  
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NOW INTO COURT comes Walter F. Marcus, Jr., appearing herein through his 

undersigned counsel, who requests leave to file a brief as amicus curiae with this 

Court with respect to the limited issue as to whether or not this Court should 

grant Plaintiffs-Appellants' Motion for an Injunction pending appeal or, in the 

alternative, for issuance of the Mandate, and in support thereof, alleges as 

follows: 

1. 

Mover is presently serving as an Associate Justice of the Louisiana State Supreme 

Court, having been elected from the First Supreme Court District of the State of 

Louisiana. Also presently serving as an Associate Justice of the Louisiana State 

Supreme Court, having been elected from the same First Supreme Court District 

of the State of Louisiana, is Pascal F. Calogero, Jr. 



• 

2. 

Mover avers that an election is presently scheduled for October 1, 1988 with 

reference to the seat on the Louisiana State Supreme Court presently occupied by 

Justice Calogero. Any party desiring to qualify as a candidate in said election 

must formally indicate his desire by filing the necessary qualification 

documentation with the Office of the Secretary of State, State of Louisiana, in 

July of 1988. 

3. 

Mover further avers that an election is presently scheduled for the Fall of 1990 

with reference to the seat on the Louisiana State Supreme Court presently 

occupied by Mover. Any party desiring to qualify as a candidate in said election 

must formally indicate his desire by filing the necessary qualification 

documentation with the Office of the Secretary of State, State of Louisiana, in 

the Summer of 1990. 

4. 

In the event that Plaintiffs-Appellants are successful in their challenge to the 

current use of a multi-member election district as set forth above, it is not likely 

that a final judicial determination with reference to said challenge will be 

forthcoming prior to October I, 1988. However, it appears likely that a final 

judicial determination with reference to the issues raised in the instant suit would 

be forthcoming prior to the Fall of 1990. 

2 



S. 

Under the existing jurisprudence, in the event that the First Supreme Court 

District were to be redistricted into two (2) separate judicial districts, Mover, 

normally, would have the opportunity to qualify as a candidate for reelection as 

an Associate Justice of the Louisiana State Supreme Court from either of the two 

newly created districts; however, if the presently scheduled election for October 

1, 1988 occurs as scheduled, the party who is elected to that seat could 

conceivably serve as a Justice of the Supreme Court for a period of ten (10) 

years, having been duly elected from the presently existing First Supreme Court 

District. 

6. 

Assuming that (a) Plaintiffs-Appellants are successful in their challenge to the 

current use of a multi-member election district as set forth above, and (b) further 

assuming that a final judicial determination with reference thereto would be 

forthcoming after the presently scheduled election on October 1, 1988, but prior 

to the presently scheduled election for the Fall .of 1990, then it would be 

uncertain as to which electorate would select the candidate seeking election to 

the State Supreme Court in the election scheduled in the Fall of 1990. 

7. 

Mover avers that it would serve the interests of justice and that it would be fair 

to any candidate who wishes to qualify for election as a justice to the Louisiana 

State Supreme Court from the presently constituted First Supreme Court District, 

if this Court would grant Plaintiffs-Appellants' Motion to enjoin the presently 

3 



• 

scheduled election for October 1, 1988 with reference to said seat or, 

alternatively, to immediately issue its Mandate. 

8. 

It is suggested that Mover, who is now serving as an Associate Justice of the 

Louisiana State Supreme Court, having been elected from the First Supreme Court 

District of the State of Louisiana, .has an interest in this proceeding which would 

permit him to file a brief as amicus curiae pursuant to Rule 29 of the Federal 

Rules of Appellate Procedure; in accordance with said Appellate Rule, Mover 

conditionally attaches hereto the proposed brief which he wishes to file with the 

Court in this matter. 

WHEREFORE, Mover, Walter F. Marcus, Jr., requests this Court for leave to file a 

brief as amicus curiae in this matter, which brief is conditionally attached to this 

Motion in accordance with Rule 29 of the Federal Rules of Appellate Procedure. 

BUTLER, HEEBE & HIRSCH 
712 American Bank Building 
New Orleans, Louisiana 70130 
*Telephone (504) 524-3731 

BY:  
PETER J. BUTLER 

Counsel for MOVER, 
WALTER F. MARCUS, JR., 
ASSOCIATE JUSTICE, 
LOUISIANA STATE SUPREME COURT 

4 



• 

IN THE 

UNITED STATES COURT OF APPEAL 

FOR THE FIFTH CIRCUIT 

NO. 87-3463 

RONALD CHISOM, et al 
Plaintiffs-Appellants 

versus 

EDWIN EDWARDS, et al 
Defendants-Appellees 

MEMORANDUM IN SUPPORT OF MOTION FOR 
WAVE OF COURT TO FILE BRIEF AS AMICUS CURIAE  

Mover, together with Justice Pascal F. Calogero, Jr., is presently serving as an 

Associate Justice of the Louisiana State Supreme Court from the First Supreme 

Court District. This district comprises the Parishes of Orleans, Jefferson, St. 

Bernard and Plaquemines. An election is presently scheduled for Justice 

Calogero's seat for October 1, 1988, whereas Mover's election is not until two (2) 

years later (1990). 

In the event the election presently scheduled for October 1, 1988 is permitted to 

proceed, it will result in Justice Calogero, or another party, being elected for a 

term of ten (10) years from the entire district. If Plaintiffs-Appellants are 

successful and the district is divided into two districts as requested, it would be 

difficult, if not impossible, to designate which of the two districts would be 

selected for the 1990 election. If one of the districts were designated, the 

electorate of the other district would be deprived of its right to elect a Justice 

from that district for a period of ten (10) years. Moreover, Mover would be 

deprived of the opportunity usually afforded a public official, whose district has 



been divided, to run for election in either of the two newly created districts. 

This would be patently unfair. 

While one could argue that if the presently scheduled election for October 1, 1988 

were held, and if thereafter the instant challenge to the existing First Supreme 

Court District were successful, then the successful candidate in the October 1, 

1988 election should be unseated and new elections held with respect to both of 

the newly created judicial districts. However, that Justice could then argue that 

since he was elected for a ten year term to the Louisiana State Supreme Court 

from a then validly existing district, any attempt to later unseat him as a Justice 

of the State Supreme Court would be unjustified and unfair. This argument would 

be considerably enhanced if this Court, having been requested to enjoin said 

election, chose not to so do. 

Accordingly, Mover respectfully requests that this Court grant Plaintiffs-

Appellants' Motion to Enjoin the election presently scheduled for October 1, 1988 

with reference to the First Supreme Court District of the State of Louisiana or, 

alternatively, to immediately issue its mandate. 

Respectfully submitted, 

BUTLER, HEEBE & HIRSCH 
712 American Bank Building 
New Orleans, Louisiana 70130 
Telephone (504) 524-3731 

BY:  
PETER J. BUTLER 

Counsel for MOVER, 
WALTER F. MARCUS, JR., 
ASSOCIATE JUSTICE, 
LOUISIANA STATE SUPREME COURT 



CERTIFICATE  

I, PETER J. BUTLER, hereby certify that on May 16, 1988, I served. 

copies of the foregoing Motion and attached Brief upon the parties listed below 

by depositing same in the U. S. mail, postage pre-paid, first class, addressed to 

them at their respective offices: 

William J. Guste, Jr., Esq. 
Attorney General 
Louisiana Department of Justice 
234 Loyola Avenue, Suite 700 
New Orleans, LA 70112-2096 

M. Truman Woodward, Jr., Esq. 
1100 Whitney Building 
New Orleans, LA 70130 

Blake G. Arata, Esq. 
210 St. Charles Avenue 
Suite 4000 
New Orleans, LA 70170 

A. R. Christovich, Esq. 
Suite 2300, Pan-American Life Center 
601 Poydras Street 
New Orleans, LA 70130 

Moise W. Dennery, Esq. 
Suite 2100, Pan-American Life Center 
601 Poydras Street 
New Orleans, LA 70130 

Robert G. Pugh 
330 Marshall Street, Suite 1200 
Shreveport, LA 71101 

Mark Gross, Esq. 
Civil Rights Division 
Department of Justice 
Washington, D. C. 20035 

Paul D. Kamener, Esq. 
Washington Legal Foundation 
1705 N Street, N.W. 
Washington, D. C. 20036