Legislative Black Caucus of Texas' Answers to Interrogatories of Dallas County Judge Entz

    MATTHEWS & BRANSCOMB 
A PROFESSIONAL CORPORATION 

  

ATTORNEYS AT LAW 

BOI CONGRESS AVENUE, SUITE 2050 

os my i 

IBOO FIRST CITY BANK TOWER AUSTIN, TEXAS 7870I ONE ALAMO CENTER 

CORPUS CHRISTI, TEXAS 78477 TELEPHONE 512-320-5055 SAN ANTONIO, TEXAS 782058 

512-888-9261 TELECOPIER 512-320-5013 512-226-4211 

GABRIELLE K. MCDONALD 

April 28, 1989 

FEDERAL EXPRESSED   

¥r. Robert H. Mow, Jr. 

Hughes & Luce 
2800 Momentum Place 
1717 Main St. 

Dallas, ‘IX 75201 

RE: No. MO-88-CA-154; League of United Latin American 
Citizens (LULAC), et al. v. Jameg Mattox, Attorney 
General of Texas, et al.; In the United States. 
District Court for the Western District of Texas, 
Midland-Odessa Division 

Dear Bob: 

Please find enclosed herein The Legislative Black Caucus of 
Texas' Answers to Interrogatories of Dallas County District Judge 

F. Harold Entz. 

Sincerely yours, 

MATTHEWS & BRANSCOMB 

A Professigpal Corporation 

    

   
   

2 .: e 2A Ca 

abrielle XK. McDonald 

4GKMdr /kd 

cc: All Counsel of Record 

Rep. Larry Evans 

 



  

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

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), et al., 

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 
Francis Williams, Rev. William 
Lawson, Deloyd T. Parker, 
Bennie McGinty, 

PLAINTIFF-INTERVENORS, 

The Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENOR, 

VS. 

JIM MATTOX, 
ATTORNEY GENERAL OF THE STATE 
OF TEXAS: JACK RAINS, SECRETARY 
OF STATE OF THE STATE OF TEXAS, 
ALL IN THE OFFICIAL CAPACITIES; 
THOMAS R. PHILLIPS, JOHN F. 
ONION, JR.; RON CHAPMAN; THOMAS 
J. STOVALL, JR.; JAMES F. 
CLAWSON, JR.; JOE E. KELLY; JOE 
B. EVINS; SAM B. PAXSON; 
WELDON KIRK; CHARLES J. 
MURRAY; RAY D. ANDERSON; JOE 
SPURLOCK II, ALL IN THEIR 
OFFICIAL CAPACITIES AS MEMBERS 
OF THE JUDICIAL DISTRICTS BOARD 
OF THE STATE OF TEXAS, 

DEFENDANTS. 

CIVIL ACTION NO. MO-88-CA-154 
  

LEGISLATIVE BLACK CAUCUS OF TEXAS' ANSWERS TO 
  

INTERROGATORIES OF DALLAS COUNTY DISTRICT JUDGE F. HAROLD ENTZ 
  

TO: Dallas ‘County District Judge FF. Harold Entz, by and 
through his attorney of record, Robert H. Mow, Jr., 
Hughes & Luce, 2800 Momentum Place, 1717 Main Street, 
Dallas, TX 75201. 

 



  

COMES NOW Plaintiff-Intervenor, Legislative Black Caucus of 

Texas, and submits this their Answers to the Interrogatories 

propounded to it by Dallas County District Judge F. Harold Entz, 

in accordance with Rule 33 of the Federal Rules of Civil 

  

Procedure. 

Respectfully submitted, 

of : xy 7) ¢ 
5, Dromy Fo 4 A Lo / ’ 7 » Af er 4 

GABRIELLE K. McDONALD 

OF COUNSEL: State Bar I.D. # 13546000 

301 Congress Avenue, Suite 2050 
MATTHEWS & BRANSCOMB, Austin, Texas 78701 
A Professional Corporation Phone: (512) 320-5055 

Attorneys for Plaintiff-Intervenor, 
The Legislative Black Caucus 
Of Texas 

  

CERTIFICATE OF SERVICE 

I, Gabrielle XK. McDonald, by signing above, hereby certify 
that on this 28th day of april, 1989, a true and correct copy of 
these Answers to Interrogatories were duly mailed, correctly 
addressed and postage prepaid, and placed in an official 
depository of the U. S. Mail to all counsel of record, to-wit: 

William L. Garrett Rolanda L. Rios 
Brena Hull Thompson 201 NN. St. Mary's #521 
8300 Douglas, #800 San Antonio, TX. 78205 
Pallas, TX 75225 

Susan Finkelstein Edward B. Cloutman, III 
201 XN St. Mary's #521 3301 Elm 
San Antonio, TX 78205 Pallas, TX 75226-9222 

E. Bruce Cunningham Julius Levonne Chambers 
777 8S. R.L. Thornton Fwy #121 Sherrilyn A. Ifill 
Dallas, TX 75203 ; 89 Hudson St., 16th Floor 

New York, N.Y. 10013 

 



  

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General's Office 
P. 0. Box 12548 
Austin, TX 78711 

Darrell Smith 
10999 Interstate Hwy 10, 
San Antonio, TX 78230 

Mark H. Dettman 

Midland County Attorney 
P. 0. Box 2559 
Midland, TX 79702 

David R. Richards 

600 Ww 7th _ St. 
Austin, TX 78701 

5GKMaa; kd (2) 
04-28-89 

#905 

J. Eugene Clements 
John E. O'Neill 
Evelyn V. Keyes 
Porter & Clements 
700 Louisiana #3500 
Houston, TX 77002-2730 

Michael J. Wood 

440 Louisiana #200 
Houston, TX 77002 

Ken Oden 
Travis County Attorney 
P. O..Box:1748 
Austin, TX 78767 

Robert H. Mow, Jr. 
2800 Momentum Place 

1717 Main st, 

Dallas, TX 75201 

 



    

INTERROGATORY NO. 1:   

Identify each person you expect to call as an expert witness 
at trial and state the subject matter on which the expert is 
expected to testify. Include within your answer the substance of 
the facts and opinions to which the expert is expected to testify 
and a summary of the grounds for each such opinion. 

RESPONSE TO INTERROGATORY NO. 1: 
  

At this time, Plaintiff-Intervenor is unable to respond to 
this Interrogatory. A full response will be submitted, when 
available, in accordance with Fed. R. Civ. P. 33. 

INTERROGATORY NO. 2:   

Iz you claim that Blacks and Hispanics are politically 
cohesive in Dallas County, please state the factual basis for 
such a claim. 

RESPONSE TO INTERROGATORY NO. 2: 
  

Plaintiff-Intervenor does not have sufficient information at 
this time to claim that Black and Hispanics are politically 
cohesive with each other in Dallas County. Plaintiff-Intervenor 
does claim that Black voters generally support Black candidates 
in higher percentages than do white voters and that Black 
candidates receive their strongest support in Black precincts. 

INTERROGATORY NO. 3: 
  

Tf syou claim that voting in%pDallas County “is racially 
polarized, please state the factual basis for such a claim. 

RESPONSE TO INTERROGATORY NO. 3: 
  

All facts supporting this claim have not been complied. 
Racially polarized voting, in part, can be demonstrated from an 
examination of the election returns that are available at the 
Secretary of State's offices in Austin, Texas; at the Dallas 
County Clerk's offices in Dallas, Texas; Dallas County Census 
Tract maps; records from the Texas Department of Commerce, Data 
Center in Austin, Texas; and public records from the Association 
Oof Secretaries of State in Washington, D.C.. Upon completion of 
the compilation of all facts supporting this claim, 
Plaintiff-Intervenor will inform Defendant-Intervenor Entz in 
accordance with Ped. R. Civ. P. 33. 

INTERROGATORY NO. 4: 
  

Identify every Dallas County election you have analyzed, 
describing fully your method of analysis, and the results of such 
analysis. 

 



  

RESPONSE TO INTERROGATORY NO. 4: 
  

Plaintiff-Intervenor has not completed its analysis. When 
the analysis is completed, Plaintiff-Intervenor will respond in 
accordance withifFed. R. Clv. P., 33, 

INTERROGATORY NO. 5: 
  

Identify every candidate for public office in Dallas County 
whom you have sponsored or preferred in the last twenty years. 
Include within your answer the date of the race, the position the 
race was intended to fill, the identity of the winner of the 
race, and the percentage of Blacks, Whites, and Hispanics 
respectively voting for your sponsored or preferred candidate. 

RESPONSE TO INTERROGATORY NO. 5: 
  

Plaintiff-Intervenor does not have this information 
available at the present time. Typically The Legislative Black 
Caucus does not "sponsor" a candidate as an organization. 
Members of the organization have sponsored and preferred Black 
candidates. This information, to the "extent that it 2 is 
available, will be provided in accordance with Fed. R. Civ. P. 
33. 

INTERROGATORY NO. 6: 
  

Identify every factor and circumstance present in Dallas 
County with respect to the political processes leading to the 
nomination or election of candidates to public office in Dallas 
County that you claim is not equally open to participation by 
Blacks and that you claim gives Blacks less opportunity than 
other members of the electorate to participate in the political 
process and to elect representatives of their choice. 

RESPONSE TO INTERROGATORY NO. 6: 
  

Plaintiff-Intervenor is not at this time prepared 
identify every factor and circumstance with respect to the 
political process leading to the nomination or election of 
candidates to public office which give Blacks less opportunity to 
participate in the electoral process and elect their preferred 
candidates. Plaintiff-Intervenor can identify, however, the 
interaction of the current at large system of electing district 
judges coupled with the history of discrimination in Dallas 
County touching on the right to vote as one factor which has 
resulted in the inability of Blacks to participate equally in the 
electoral process. Plaintiff-Intervenor will identify additional 
factors and circumstances in accordance with Ped. R. Civ. P. 33. 

 



    

INTERROGATORY NO. 7: 
  

If you claim that any part of the established system in 
Dallas County for electing state district judges dilutes Black 
voting strength, state the factual basis for your claim, if any, 
that the reasons for adopting such a system are tenuous. 

RESPONSE TO INTERROGATORY NO. 7: 
  

Plaintiff-Intervenor is not aware of the State's articulated 
non-tenuous reasons for adopting the current at large system for 
electing district judges. When the reasons are stated, 
Plaintiff-Intervenor will respond in accordance with Fed. R. Civ. 
P..33. 

INTERROGATORY NO. 8: 
  

If you claim that the system of electing state district 
judges in Dallas County is intentionally designed to 
discriminate against minorities, please state the factual basis 
for such a claim. 

RESPONSE TO INTERROGATORY NO. 8: 
  

Plaintiff-Intervenor claims that the current system of 
electing state district judges at large in Texas was adopted with 
the intention of and/or has been maintained for the purpose of 
minimizing the political strength of Black voters. 
Plaintiff-Intervenor has not completed discovery of all of the 
factual bases. Plaintiff-Intervenor refers Defendant-Intervenor 
Entz to the legislative history accompanying the passage of Art. 
5, Sec. 7: 0of the Texas Constitution and legislative history 
relating to the repeated defeat of legislative bills proposing 
the creation of single-member judicial districts. These bills 
are a matter of public record, available for inspection at the 
Legislative Reference Library in the State Capitol in Austin, 
Texas. Tapes of House debates are available in the House 
Committee Coordinator's Offices in Austin, Texas. Tapes of 
Senate debates and bill discussions are available for public 
examination in the Senate Staff Services Offices in Austin, 
Texas. Plaintiff-Intervenor will identify additional factual 
bases in accordance with Fed. R. Civ. P. 33. 

INTERROGATORY NO. 9: 
  

If you claim that Blacks in Dallas County have been denied 
access to a candidate slating process, please state the factual 
basis for such a claim. 

RESPONSE TO INTERROGATORY NO. 9: 
  

Plaintiff-Intervenor has no knowledge of a slating 
process. Any further response will be provided when available in 
accordance with Fed. R. Civ. P. 33. 

6 

 



  

INTERROGATORY NO. 10: 
  

If you claim that Blacks in Dallas County are hindered in 
thailr ability +0 participate effectively" in the political 
process, state your factual basis for such a claim. 

RESPONSE TO INTERROGATORY NO. 10: 
  

See responses to Interrogatories Nos. 2, 3, 6, and 8. In 
further support, see White v. Regester, 412 U.S. 755 (1973), 
where the Supreme Court held the 1970 Texas Reapportionment Plan 
in which multimember legislative districts planned in Bexar and 
Dallas counties violated the rights of Blacks and Hispanics. 
Texas' history Of official discrimination, yestricting the 
ability of Blacks to participate in the electoral processes is 
well documented in a line of cases spanning fifty (50) years. 
See e.g., Smith v, Allwright, 321 U.S. 649 (1944) (challenge to 
use of white primary by Texas Democratic party); Upham v. Seamon, 
456 U.B8..237 (1982); white v. Regester, ‘412 U.S. 755 (1873); 
campos v.. City of ‘Baytown, 840 P.24 1240 (5th Cir. 1988) (at 
large system of electing city council members impermissibly 
dilutes the voting strength of Black and Hispanic voters). 
Plaintiff-Intervenor will identify additional factual bases in 
accordance with Fed. R. Civ. P. 33. 

  

  

  

  

  

INTERROGATORY NO. 11:   

If you claim that political campaigns in Dallas County have 
been characterized by overt or subtle racial appeals, state your 

factual basis for such a claim. 

RESPONSE TO INTERROGATORY NO. 11: 
  

White judicial candidate, Charles Ben Howell ran a racist 
campaign against Black judicial candidate, Joan Winn-White. 
Plaintiff-Intervenor will supplement when this information 
becomes available in accordance with Fed. R. Civ. P. 33. 

INTERROGATCRY NO. 12: 
  

If “you claim that «there is a significant lack of 
responsiveness on the part of the elected judges in Dallas County 
to the particularized needs of Blacks, state your factual basis 

for such a clain. 

RESPONSE TO INTERROGATORY NO. 12: 
  

Plaintiff-Intervenor does not claim at this time that there 
is a significant lack of responsiveness on the part of elected 
judges in Dallas County to the needs of Blacks. 

 



  

INTERROGATORY NO. 13:   

Describe the location and population of each and every 
single member district you claim could and/or should be drawn in 
Dallas County with respect to electing state district judges. 

RESPONSE TO INTERROGATORY NO. 13: 
  

Plaintiff-Intervenor does not have this information at the 
present time. When Plaintiff-Intervenor has determined where 
each and every single member judicial district in Dallas County 
could and/or should be drawn, they will furnish information in 
accordance yith Fed. R. Civ. P. 33. 

INTERROGATORY NO. 14: 
  

With respect to your answer to Interrogatory No. 14, state 
the percentage of Anglo, Black, and Hispanic members of the 
voting age population in each such district. 

RESPONSE TO INTERROGATORY NO. 14: 
  

Defendant-Intervenor Entz must be referring to Interragatony 
No. 13. See response to Interrogatory No. 13. 

INTERROGATORY NO. 15: 
  

For each person identified in response to Interrogatory No. 
1, please list every engagement of the expert in which the expert 
was hired potentially to testify and in which Section 2 of the 
Voting Rights Act was involved. Include within your answer the 
person or group by whom the expert was retained. 

RESPONSE TO INTERROGATORY NO. 15: 
  

See answer to Interrogatory No. 1. 

INTERROGATORY NO. 16: 
  

If you. claim that Blacks in Dallas County are politically 
cohesive, state the factual basis for such a claim. 

RESPONSE TO INTERROGATORY NO. 16: 
  

See response to Interrogatory No. 3. 

INTERROGATORY NO. 17: 
  

If you claim that white voters in Dallas County votes as a 
bloc usually to defeat your preferred candidates, state the 
factual basis for such a claim. 

 



  

RESPONSE TO INTERROGATORY NO. 17:   

See response to Interrogatory No. 3. 

INTERROGATORY NO. 18:   

Identify all documents relating to your answers to 
Interrogatories 1-17. 

RESPONSE TO INTERROGATORY NO. 18:   

See response to Interrogatory No. 3. 

INTERROGATORY NO. 19:   

Identify by name, address, and telephone number each person 
assisting in the preparation of the answers to Interrogatories 
1-18 above. 

RESPONSE TO INTERROGATORY NO. 19:   

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB, P.C. 

301 Congress Avenue, Suite 2050 
Austin, TX 78701 
Phones (512) 1320-5055 

Representative Larry Evans 
P. O. Box.2910 
Austin, TX 78769 
Phone: (512) 463-0524 

5GKMaa; kd 
Pgs. 1-9 
04-28-89 

 



  

STATE OF TEXAS S 

COUNTY OF TRAVIS S 

BEFORE ME, the undersigned authority, on this day personally 
sworn appeared Representative Larry Evans, who being first duly 

on his oath, states: 

"I am Representative Larry Evans and have the capacity to 
make this Affidavit being over the age of eighteen, having never 
been convicted of a crime, and having personal knowledge of the 
matters herein contained. I have read the above Answers to 
Interrogatories of Legislative Black Caucus of Texas and the same 
are true and correct, to the best of Dyisnrow edge and belief." 

    

   Cr CL AAA 
Ty TT LARRY EVANS 

  

  

SWORN TO AND SUBSCRIBED BEFORE ME by the said Representative 

Larry Evans on behalf of Legislative Black Caucus of Texas on 

this tll ay of April, 1989. or 

NOTARY FORLIC IN Li az 
STATE F TEXAS 

Printed Name of Notary: 

  

  

  

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