Supplemental Joint Appendix

    Nos. 90-813, 90-974 

  
  

  

Ix Tus [| RECEIVE D 

Supreme Court of the ante SS tateBELIVE ERED 

OCTOBER TERM, 1990 | APR 151991 

| OFFICE OF THE CLERK 
HOUSTON LAWYERS’ ASSOCIATION, et abt" REME "COURT LS.     

Petitioners, 

V. 

ATTORNEY GENERAL OF TEXAS, et al., 

Respondents. 

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, et al., 

Petitioners, 

V. 

ATTORNEY GENERAL OF TEXAS, et al., 

Respondents. 

On Writs of Certiorari to the United States 

Court of Appeals for the Fifth Circuit 

SUPPLEMENTAL JOINT APPENDIX 

JuLius LEVONNE CHAMBERS GABRIELLE K. MCDONALD 
*CHARLES STEPHEN RALSTON 301 Congress Avenue 
SHERRILYN A. IFILL Suite 2050 

99 Hudson Street Austin, Texas 78701 

Sixteenth Floor (5612) 320-5055 
New York, N.Y. 10013 

(212) 219-1900 Of Counsel: 
MATTHEW & BRANSCOMB 

*Counsel of Record for A Professional Corporation 
Petitvoners Houston Lawyers’ 
Association, et al. Attorneys for Houston 

Lawyers’ Association, et al. 

[Additional Counsel Listed on Inside Front Cover] 

  

  

PETITIONS FOR WRITS OF CERTIORARI FILED 
NOVEMBER 11, 1990 IN NO. 90-813, DECEMBER 14, 1990 IN NO. 90-974 

CERTIORARI GRANTED JANUARY 18, 1991  



    

*WiLLIAM L. GARRETT RoLANDO L. RiIOS 

BRENDA HULL THOMPSON 201 N. St. Mary's, #521 
8300 Douglas, Suite 800 San Antonio, TX 78205 
Dallas, TX 75225 (512) 222-2102 
(214) 369-1952 

*Counsel of Record for Attorneys for LULAC, et al. 
Petitioners LULAC, et al. 

TEXAS RURAL LEGAL AID, SUSAN FINKELSTEIN 
INC. 201 N. St. Mary’s, #624 

DAvID HALL San Antonio, TX 78205 
259 S. Texas (5612) 222-2478 
Weslaco, TX 78596 
(512) 968-6574 

Attorneys for Petitioner Christina Moreno 

**EDWARD B. CLOUTMAN III E. BRICE CUNNINGHAM 
3301 Elm St. 777 S. R. L. Thorton 

Dallas, TX 75226 Dallas, TX 75203 
(214) 939-9222 (214) 428-3793 

**Counsel of Record for Attorneys for Jesse Oliver, et al. 
Petitioners Jesse Oliver, et al. 

DAN MORALES J. EUGENE CLEMENTS 

MARY F. KELLER (Counsel of Record) 
RENEA HICKS EVELYN V. KEYS 

(Counsel of Record) PORTER & CLEMENTS 
JAVIER GUAJARO 700 Louisiana Street 

Office of the Attorney Suite 3500 
General Houston, TX 77002-2730 

Supreme Court Building (713) 226-0600 
1401 Colorado Street 
Austin, TX 78701-2548 Attorneys for Respondent 

(512) 463-2085 : Judge Sharolyn Wood 
Attorneys for Respondent 
Attorney General of Texas 

SEAGAL V. WHEATLEY ROBERT H. Mow, JR. 

(Counsel of Record) (Counsel of Record) 

DoNALD R. PHILBIN, JR. HUGHES & LUCE 
OPPENHEIMER, ROSENBERG 2800 Momentum Place 
KELLEHER & WHEATLEY, 1717 Main Street 
INC. Dallas, TX 75201 
711 Navarro, Sixth Floor (214) 939-5500 
San Antonio, TX 78205 Attorneys for Dallas County 

(512) 224-2000 Respondents 
Attorneys for Bexar County 
Respondents 

 



TABLE OF CONTENTS 

1. Plaintiffs’ Second Amended Complaint 

 



  
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2a 

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, et al., 

Plaintiff-Intervenors 

VS. 

CIVIL. ACTION # 

MO 88-CA-154 

JIM MATTOX, Attorney General of the State 
of Texas, et al., 

Defendants 

SHAROLYN WOOD, and F. HAROLD ENTZ, 

Defendant-Intervenors 

PLAINTIFFS’ SECOND AMENDED COMPLAINT 

I. INTRODUCTION 

I. The members of Plaintiffs LULAC, LULAC 

COUNCIL #4434 and LULAC COUNCIL #4451 and the 

named individual Plaintiffs are Mexican-American and Black 

citizens of the State of Texas. They bring this action 

pursuant to 42 U.S.C. 1971, 1973, 1983, 1988 to redress a  



  

3a 

denial, under color of state law, of rights, privileges or 

immunities secured to Plaintiffs by the said laws and by the 

Fourteenth and Fifteenth Amendments to the Constitution of 

the United States. 

2.5 Plaintiffs seek a declaratory judgment that the 

existing at large scheme of electing district judges in the 

target areas of the State of Texas violates Plaintiffs’ civil 

rights in that such method illegally and/or unconstitutionally 

dilutes the voting strength of Mexican-American and Black 

electors; Plaintiffs seek a permanent injunction prohibiting 

the calling, holding, supervising or certifying of any future 

elections for district judges under the present at large scheme 

in the target areas; Plaintiffs seek the formation of a judicial 

districting scheme by which district judges in the target areas 

are elected from districts which include single member 

districts; Plaintiffs seek costs and attorneys’ fees. 

II. JURISDICTION 

3 Jurisdiction is based upon 28 U.S.C. 1343 (3) & 

(4), upon causes of action arising from 42 U.S.C. 1971, 

1973, 1983, & 1988, and under the Fourteenth and Fifteenth 

   



4a 

Amendments to the U.S. Constitution. Declaratory relief is 

authorized by 28 U.S.C. 2201 & 2202 and by Rule 57, 

F.R.C.P. 

III. PLAINTIFFS 

4, Plaintiff LEAGUE OF UNITED LATIN 

AMERICAN CITIZENS (LULAC) is a statewide 

organization whose members are United States Citizens of 

Mexican American and black descent, and are resident 

taxpayers of the State of Texas, and are qualified to vote for 

district judges in the various counties. 

S. LULAC Council No. 4434 is a local organization 

whose membership is composed of United States Citizens 

most of whom are of Mexican-American and Black descent, 

and are resident taxpayers of the State of Texas, and are 

qualified to vote for district judges in Midland County. 

LULAC Council No. 4451 is a local organization whose 

membership is composed of United States Citizens most of 

whom are of Mexican-American or Black descent, and are 

resident taxpayers of the State of Texas, and are qualified to 

vote for district judges in Ector County.  



  

5a 

6. Plaintiff CHRISTINA MORENO is a United 

States Citizen of Mexican-American descent and is a resident 

taxpayer of the State of Texas, and is qualified to vote for 

district judges in Midland County. 

7 Plaintiff AQUILLA WATSON is a Black United 

States Citizen and is a resident taxpayer of the State of 

Texas, and is qualified to vote for district judges in Midland 

County. 

8. Plaintiff MATTHEW W. PLUMMER, Sr. is a 

Black United States Citizen and is a resident taxpayer of the 

State of Texas; he is qualified to vote for district judges in 

Harris County. 

9. Plaintiff JIM CONLEY is a Black United States 

Citizen and is a resident taxpayer of the State of Texas; he 

is qualified to vote for district judges in Bexar County. 

10. Plaintiff VOLMA OVERTON is a Black United 

States Citizen and is a resident taxpayer of the State of 

Texas; he is qualified to vote for district judges in Travis 

County. 

11. Plaintiff WILLARD PEN CONAT is a Black 

   



6a 

United States Citizen and is a resident taxpayer of the State 

of Texas; he is qualified to vote for district judges in Fort 

Bend County. 

12. Plaintiff GENE COLINS is a Black United States 

Citizen and is a resident taxpayer of the State of Texas; he 

is qualified to vote for district judges in Ector County. 

13. Plaintiff AL PRICE is a Black United States 

Citizen and is a resident taxpayer of the State of Texas; he 

is qualified to vote for district judges in Jefferson County. 

14. Plaintiff THEODORE HOGROBROOKS is a 

Black United States Citizen and is a resident taxpayer of the 

State of Texas; he is qualified to vote for district judges in 

Smith County. 

15. Plaintiff ERNEST M. DECKARD is a Black 

United States Citizen and is a resident taxpayer of the State 

of Texas; he is qualified to vote for district judges in Smith 

County. 

16. Plaintiff MARY ELLEN HICKS is a Black 

United States Citizen and is a resident taxpayer of the State 

of Texas; she is qualified to vote for district judges in  



  

Ta 

Tarrant County. 

16a. Plaintiff REV. JAMES THOMAS is a Black 

United States Citizen and is a resident taxpayer of the State 

of Texas; he is qualified to vote for district judges in 

Galveston County. 

IV. PLAINTIFF INTERVENORS 

17.27 sMembers < of “the - HOUSTON: LAWYERS’ 

ASSOCIATION, ALICE BONNER, WELDON BERRY, 

FRANCIS WILLIAMS, REV. WILLIAM LAWSON, 

DELOYD T. PARKER, BENNIE McGINTY, JESSE 

OLIVER, FRED TINSLEY, JOAN WINN WHITE, and 

Members of THE BLACK LEGISLATIVE CAUCUS are 

Black United States Citizens and are resident taxpayers of 

the State of Texas; they are qualified to vote for district 

judges in Texas. 

V. DEFENDANTS 

18. Defendant JIM MATTOX is the Attorney- 

General of the State of Texas, and is the chief law 

enforcement officer of the state and as such, is charged with 

the responsibility to enforce the laws of the state. Defendant 

   



8a 

JACK RAINS is the Secretary of State of the State of Texas, 

and 1s the chief elections officer of the state and as such, is 

charged with the responsibility of administering the election 

laws of the state. Defendants THOMAS R. PHILLIPS, 

JOHN F. ONION, RON CHAPMAN, THOMAS J. 

STOVALL, JAMES F. CLAWSON, JR., JOE E KELLY, 

JOE B. EVINS, SAM M. PAXSON, WELDON KIRK, 

CHARLES Jai MURRAY, RAY DD." ANDERSON, 

LEONARD DAVIS and JOE SPURLOCK, II are members 

of the JUDICIAL DISTRICTS BOARD created by Art. V. 

Sec. 7a of the Texas Constitution, and pursuant to Art. 

24.941 et. seq. Texas Government Code. They have the 

duty to reapportion judicial districts within the State of 

Texas, 

VI. FACTUAL ALLEGATIONS 

19. District judges are elected either from judicial 

districts which are coterminous with and wholly contained 

within a county, or from judicial districts which are 

composed of several entire counties. 

20. In those counties which contain more than one  



  

Oa 

judicial district, the present election system is an at large 

scheme with the equivalent of numbered places, the majority 

rule requirement, and staggered terms. 

21. The following counties, which are being 

challenged in this lawsuit, elect the following number of 

district judges and, according to the 1980 U.S. Census, 

contain the following population: 

# OF JUDGES TOTAL 

COUNTY ELECTED POP, 

8.8. 

FOP. (%) 

BLK 

POP. (%) CM.%* 
  

Harris 

Dallas 

Bexar 

Tarrant 

Travis 

Jefferson 

Lubbock 

Galveston 

McLennan 

Fort Bend 

Smith 

59 2,409,544 

36 1,556,549 

19 988,800 

23 860,880 

13 419,333 

8 250,938 

5 211,65) 

S 193,940 

4 170,755 

3 130,846 

4 128,366 

369,075(15.3) 

154,560( 9.9) 

460,911(46.6) 

67,632( 7.9) 

92.2717.) 

10,279( 4.1) 

41,428(19.6) 

23,557(12.0) 

14,988(8.8) 

26,656(20.4) 

4,037(3.1) 

473,698(19.7) 35.0 

287,613(18.5) 28.4 

69,201(7.0) 53.6 

101,183(11.8) 19.7 

44,988(10.7) 27.9 

70,810(28.2) 32.3 

15,780 (7.5) 27.0 

36,328(18.5) 30.6 

27,254(16.0) 24.7 

20,420(15.6) 36.0 

28,215(22.0) 25.1 

   



10a 

Ector 4: 115,374 24,831(21.5) 5,154 (4.3): 26.0 

Midland 3 82,636 12,323(14.9) 7.119.(8.6): 23.35 

El Paso, 

Hudspeth, 

and 

Culberson** 11 485,942 282,691(58.2) 18,162 (3.7) 61.9 

% Combined Minority 

** Eight district judges are elected at large within El Paso County; the 

other three are elected at large within the three county area of El Paso, 

Hudspeth, and Culberson Counties. 

22. The following counties comprise a judicial area 

that elects three (3) judges at large: EL: PASO, 

CULBERSON, and HUDSPETH. This area contains enough 

minorities that are sufficiently geographically concentrated 

that if single member districts were created, at least one of 

those districts would be able to elect a minority. 

23. The above areas elect 197 district judges. Each 

area contains enough minorities that are sufficiently 

geographically concentrated so that if single member districts 

were created, at least one of those districts in each area 

would be able to elect a minority. 

24. Upon information and belief, in the above named 

areas minorities are politically cohesive.  



  

lla 

25. Upon information and believe in the above cited 

areas, the white majority votes sufficiently as a block to 

enable it--in the absence of special circumstances, such as the 

minority candidate running unopposed--usually to defeat the 

minority’s preferred candidate. 

26. Upon information and belief, in the above 

challenged areas, the at large election scheme interacts with 

social and historical conditions to cause an inequality in the 

opportunity of hispanic and/or black voters to elect 

representatives of their choice as compared to white voters. 

27. Upon information and belief, the following are 

the names of the presently sitting judges’ elected from the 

above counties: 

VOTING RACE/ 

    

COURT INIDGE COUNTY PRECINCT ETHNIC 
11th Mark Davidson Harris 224° Ww 
55th Reagan Cartwright Harris 173 i: 
61st Shearn Smith Harris se \% 
80th William R. "Bill 

Powel Harris 040 WwW 

113th Geraldine B. 

Tennant Harris 227 WwW 

125th Don E. Wittig Harris 118 ¥ W 
127th Sharolyn P. Wood Harris 232m yy 
129th Hugo A. Touchy Harris 333 WwW 
133rd Lamar McCorkle Harris ev Ww 

   



151st 

152nd 

157th 
164th 
165th 
174th 
176th 
177th 
178th 

179th 
180th 
182th 
183th 
184th 
185th 
189th 
190th 
208th 
209th 

215th 
228th 
230th 
232rd 
234th 
245th 
246th 
247th 

248th 
257th 
262nd 
263rd 

269th 
270th 

12a 

Alice Oliver 

Trevathan 

Jack O’Neill 

Felix Salazar, Jr. 
Pete Solito 

Ken Harrison 

George H. Godwin 
James Brian Rains 

Miron A. Love 

William T. "Bill" 

Harmon 

J. Mike Wilkinson 

Patricia R. Lykos 
Donald K. Shipley 
Jay W. Burnett 
Robert N. Burdette 

Carl Walker, Jr. 
Richard W. Millard 

Wyatt H. Heard 
Thomas H. Routt 

Michael T. 

McSpadden 
Eugene Chambers 
Ted Poe 

Joe Kegans 
A.D. Azios 
Ruby K. Sondock 
Henry G. Schuble 
John W. Peavy, Jr. 
Charles Dean 

Huckabee 

Woody R. Densen 
Norman R. Lee 

Doug Shaver 
Charles J. Hearn 

W. David West 

Ann Tyrrell 
Cochran 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 
Harris 
Harris 
Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

Harris 

441 
493 
134 
217 
413 
015 
116 
034 

129 
456 
626 
261 
567 
356 
138 
056 
227 
136 

148 
663 
658 
222 
178 
434 
305 
228 

628 
034 
628 
200 
351 
219 

217 Fl 
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280th 

281st 

295th 
308th 
309th 
310th 
311th 
312th 

313th 

314th 

315th 

333rd 
334th 

337th 

338th 

339th 

351st 

14th 

44th 

68th 

95th 

101st 

116th 

134th 

160th 

162nd 

191st 

192nd 

193rd 

194th 

195th 

203rd 

204th 

254th 

255th 

256th 

265th 

13a 

Melinda Furche 

Harmon Harris 

Louis M. Moore Harris 

Dan Downey Harris 
Bob W. Robertson Harris 
John D. Montgomery Harris 
Allen J. Daggett Harris 
Bill Elliott Harris 
Robert S. 

Webb, III Harris 
Robert L. Lowery Harris 
Robert R. Baum Harris 
Eric G. Andell Harris 
Davie L. Wilson Harris 
Russel T. Lloyd Harris 
Jim Barr Harris 
Mary Bacon Harris 
Norman E. Lanford Harris 
Lupe Salinas Harris 
John M. Marshall Dallas 
Candace Tyson Dallas 
Gary B. Hall Dallas 
Joe B. Brown Dallas 
Joseph B. Morris ~~ Dallas 
Frank Andrews Dallas 

Anne A. Packer Dallas 

Mark Whittington Dallas 
Catherine J. Crier Dallas 

David Brooks Dallas 

Merrill L. Hartman Dallas 

Michael J. O’Neill Dallas 

Harold Entz, Jr. Dallas 
Joe Kendall Dallas 

Thomas B. Thorpe Dallas 
Richard D. Mays Dallas 
Dee Miller Dallas 

Don D. Koons Dallas 

Carolyn Wright Dallas 
Keith T. Dean Dallas 

129 
297 
441 
430 
518 
577 
221 

200 
371 
296 
183 
466 
316 
432 
344 
050 
113 
1174 
1203 
1123 
4418 
1227 
1129 
1176 
4418 
2277 
2242 
2266 
2260 
1185 
1171 
1103 
1148 
1176 
1227 
3302 
1122 E

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14a 

282nd Tom Price Dallas 1202 W 
283rd Jack Hampton Dallas N71 WwW 
291st Gerry Meier Dallas 1209 SW 
292nd Michael E. Keasler Dallas 4406 W 
298th Adolph Canales Dallas 1216 ¢H 
301st Robert O’Donnell ~~ Dallas 2203 iW 
302nd Frances A. Harris Dallas 2222 iW 
303rd N. Sue Lykes Dallas 4437 W 
304th Harold C. 

Gaither, Jr. Dallas 4516 W 
305th Catherine J. 

Stayman Dallas 22353 iW 
330th Theo Bedard Dallas 1185 iW 
Crim 
Dist. 1 Ron Chapman Dallas 2241 W 
Crim 
Dist.2 Larry W. Baraka Dallas 4453 B 
Crim 
Dist.3 Mark Tolle Dallas 1187 W 
Crim 
Dist.4 Frances J. Maloney Dallas 1145 W 
Crim 
Dist.5 Pat McDowell Dallas 1162 = WW 
70th Gene Ater Ector x w 
161st Tryon D. Lewis Ector he Ww 
244th Joseph Connally Ector %% Ww 
358th Bill McCoy Ector ke Ww 
19th Bill Logue McLennan  ** Ww 
54th George H. Allen McLennanis ¥ ** \%Y 
74th Derwood Johnson = McLennan  ** w 
170th Joe Johnson McLennansii ** Ww 
17th Fred W. Davis Tarrant 2052 W 
48th William L. 

Hughes, Jr. Tarrant 2143 W 
67th George Allen 

Crowley Tarrant 4095 WwW 
96th Jeff Walker Tarrant 3101 WwW 
141st Dixon W. Holman Tarrant 2266 WW  



  

153rd 

213rd 

231st 

233rd 

236th 

297th 

322nd 

323rd 
324th 
325th 
342nd 

348th 

352nd 

360th 

Crim 

Dist. 1 

Crim 

Dist.2 

Crim 

Dist.3 

Crim 

Dist.4 

142nd 

238th 

318th 

53rd 

98th 
126th 
147th 

167th 
200th 
201st 

Sidney C. 

15a 

Farrar, Ir. 

George S. Kredell 
Maryellen W. Hicks 
William H. Brigham 
Albert L. White,Jr. 
Everett Young, Jr. 
Frank W. 

Sullivan, III 

Scott D. Moore 

Brian A. Carper 
Robert L. Wright 
Joe Bruce 

Cunningham 
Michael D. 

Schattman 

Bruce Auld 
V. Sue Koenig 

Stephenson 

Louis E. Sturns 

Lee Ann Dauphinot 

Don Leonard 

Joe Drago, III. 
Pat M. Baskin 

Van Culp 
Dean Rucker 

Mary Pearl 
Williams 

Jeanne Mourer 

Joe Hart 

Mace B. 

Thurman, Jr. 

Bob Jones 

Paul R. Davis Jr. 

Jerry Dellana 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Tarrant 

Midland 

Midland 

Midland 

Travis 

Travis 

Travis 

Travis 

Travis 

Travis 

Travis 

4130 
2352 
1104 
3151 
1004 
1004 

3151 
4343 
2012 
1081 

1081 

3151 
3286 

3289 

4203 

1189 

1004 

1022 
205 
307 
212 

237 
207 
320 

256 
328 
320 
324 E

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250th 

261st 

299th 

331st 

345th 

353rd 

58th 

60th 

136th 

172nd 

252nd 

279th 

317th 

Cirm. 

Dis. Ct. 

10th 

56th 

122nd 

212th 

306th 

72nd 

99th 

137th 

140th 

237th 
240th 

268th 
328th 

7th 
114th 

24 1st 

321st 

37th 

45th 

16a 

Harley Clark 
Peter M. Lowry 
Jon N. Wisser 

Robert A. Perkins 

Scott McCown 

Joe Dihrell 

Ronald L. Walker 

Gary Sanderson 
Jack R. King 
Thomas A. Thomas 

Leonard L. 

Giblin, Jr. 

Robert P. Walker 

James M. Farris 

Lawrence Gist 

Ed. Harris 

Allan Lerner 

Henry G. Delchite 
Roy C. Engelke 
Andrew Z. Baker 

Blair Cherry 
Thomas L. Olinlye 
Cecil G. Puryear 
William R. 

"Bill" Shaver 

John R. McFall 

Charles A. 

Dickerson 

Brady G. Elliott 
Thomas O. 

Stansbury 
W.E."Bill" Coats 

Cynthia Stevens 
Kent 

Joe Tunnell 

Ruth Jackson Blake 

John Cornyn, III 
Carol R. Haberman 

Travis 

Travis 

Travis 

Travis 

Travis 

Travis 

Jefferson 

Jefferson 

Jefferson 

Jefferson 

Jefferson 

Jefferson 

Jefferson 

Jefferson 

Galveston 

Galveston 

Galveston 

Galveston 

Galveston 

Lubbock 

Lubbock 

Lubbock 

Lubbock 

Lubbock 

Fort Bend 

Fort Bend 

Fort Bend 

Smith 

Smith 

Smith 

Smith 

Bexar 

Bexar 

3020 
3079 J

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57th 

73rd 

131st 

144th 

166th 

175th 

186th 
187th 
224th 
225th 
226th 
227th 
285th 
288th 
289th 
150th 
290th 

41st 

65th 

120th 

168th 

171st 

243d 

17a 

Charles Gonzales Bexar 

Paul Andrew Mireles Bexar 

Rose Spector Bexar 
Susan Reed Bexar 

Peter Michael Curry Bexar 
Phil G. 

Chavarria, Jr. Bexar 
James E. Barlow Bexar 

Pat Priest Bexar 

Carolyn H. Spears Bexar 
John J. Specia, Jr. Bexar 
Sid L. Harle Bexar 

Mike Machado Bexar 

Michael Peden Bexar 

Raul Rivera Bexar 

Tom Rickoff Bexar 

Carleton Spears Bexar 
Sharon Sands 

Mac Rea Bexar 

Mary Ann Bramblett El Paso 
Eduardo S. Marquez El Paso 
Brunson D. Moore El Paso 
Jose Troche El Paso 

Peter S. Pecas El Paso 

Herbert E. 

Marsh, Jr. El Paso 

3019 
3011 
3018 
3018 
3025 

3019 
2009 
3063 
3104 
3048 
3102 
3038 
3074 
3012 
3089 
3108 

3090 
088 
kk 

013 
005 
006 

093 £f 
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18a 

346th Jose J. Baca El Paso 01H 
327th Enrigue H. Pena El Paso 012 H 
34th William E. Moody Hudspeth, 

Culberson, 
El Paso 007: +W 

(El Paso County) 
205th Sam W. Callan Hudspeth, 

Culberson, 
El Paso 074 WwW 

(El Paso County) 
210th Sam M. Paxson Hudspeth, 

Culberson, 

El Paso 011 LW 
(El Paso County) 

*W-White **This information is being gathered 
B-Black 
H-Hispanic 

VII. CAUSES OF ACTION 

28. The present at large scheme of electing district 

judges, in the targeted areas, intentionally created and/or 

maintained with a discriminatory purpose, violates the civil 

rights of Plaintiffs by diluting their votes, in violation of the 

United States Constitution and/or, 

29. The present at large scheme of electing district 

judges, in the targeted areas, results in a denial or 

abridgement of the right to vote of the Plaintiffs on account 

of their race or color in that the political processes leading  



  

19a 

to nomination or election of district judges are not equally 

open to participation by Plaintiffs in that they have less 

opportunity than other members of the electorate to elect 

candidates of their choice, in violation of Section 2 of the 

Voting Rights Act. 

VIII. IMMUNITIES 

30. Qualified and absolute immunity do not protect 

the Defendants because Plaintiffs seek only injunctive and 

declaratory relief and attorneys’ fees. Furthermore, absolute 

immunity does not protect Defendants because they do not 

act in any of the capacities which receive immunity at 

common law. The Defendants are not entitled to Eleventh 

Amendment immunity because Plaintiffs seek only injunctive 

and declaratory relief and attorneys’ fees. 

IX. EQUITIES 

31. Plaintiffs have no adequate remedy at law other 

than the judicial relief sought herein, and unless the 

Defendants are enjoined from continuing the present at large 

scheme, Plaintiffs will be irreparably harmed by the 

continuing violation of their statutory and constitutional 

    

 



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rights. The illegal and unconstitutional conditions 

complained of preclude the adoption of remedial provisions 

by the electorate. The present electoral scheme is without 

any legitimate or compelling governmental interest and it 

arbitrarily and capriciously cancels, dilutes and minimizes the 

force and effect of the Plaintiffs’ voting strength. 

XX. ATTORNEYS FEES 

32. In accordance with 42 U.S.C. 1973-l(e) and 

1988, Plaintiffs are entitled to recover reasonable attorneys’ 

fees as part of their costs. 

XI. PRAYER 

33, WHEREFORE, PREMISES CONSIDERED, 

Plaintiffs pray that Defendants be cited to appear and answer 

herein; that a declaratory judgment be issued finding that the 

existing method of electing district judges is unconstitutional 

and/or illegal, null and void; that the Defendants be 

permanently enjoined from calling, holding, supervising or 

certifying any further elections for district judges under the 

present at large scheme; that the Court order that district 

judges in the targeted counties be elected in a system which  



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contains single member districts; adjudge all costs against 

Defendants, including reasonable attorneys’ fees; retain 

jurisdiction to render any and all further orders that this 

Court may from time to time deem appropriate; and grant 

any and all further relief both at law and in equity to which 

these Plaintiffs may show themselves to be entitled. 

Respectfully submitted,