Plaintiff-Intervenors Oliver, Tinsley and White's Answers to State Defendants' First Set of Interrogatories and First Request for Production

    MuLLiNAX, WELLS, BaAaB & CLouTMAaN, P.C. 

ATTORNEYS AT LAW 

3301 ELM STREET/DALLAS TEXAS 75226-1637 

  

EDWARD B. CLOUTMAN, II PHONE (214) 939-9222 
Board Certified-Labor Law September 7, 1989 METRO 263-1547 

Texas Board of Legal Specialization 
TELECOPIER (214) 939-9229 

Mr. Renea Hicks 

Special Assistant Attorney General 
Mr. Javier Guajardo 
Assistant Attorney General 
P.O. Box 12548 
Capitol Station 
Austin, Texas 78711-2548 

RE:. LULAC, et al. vs. Mattox, et al. 

Dear Mr. Hicks: 

Enclosed please find Plaintiff-Intervenors Jesse 
Oliver's, Fred Tinsley's and Joan Winn White's Answers to State 
Defendants' First Set of Interrogatories and First Request for 
Production which have not previously been served by mail (but 
were by hand) regarding the above referenced matter. 

Should there be any questions, please do not hesitate 

  

  

to call. 

Very truly yours, 

MULLINAX, WELLS, BAAB 

& CLOUTMAN, P.C. 

By: .. ML 
Edward B. Cloutman, III 

/klp 
Encl. 

cc: Ms. Susan Finkelstein 
Ms. Gabrielle K. McDonald 
Mr. J. Eugene Clements 
Mr. Robert H. Mow, Jr. 

Mr. Rolando L. Rios 
Mr. William L. Garrett 
Ms. Sherrilyn A. Ifill 

 



  

LULAC COUNCIL #4434, ET AL. 

VS. 

JIM MATTOX, ET AL. 

TO: 

IN THE UNITED STATES DISTRICT COURT 
~ WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

CIVIL ACTION NO. 
S 
§ 
§ 
§ MO-88-CA-154 
§ 

PLAINTIFF-INTERVENORS JESSE OLIVER'S, FRED TINSLEY'S AND 
JOAN WINN WHITE'S ANSWERS TO STATE DEFENDANTS' FIRST SET 
OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION TO 

JESSE OLIVER, FRED TINSLEY AND JOAN WINN WHITE 
  

State Defendants, by and through their attorneys of record, 
Ms. Renea Hicks, Special Assistant Attorney General, Mr. 
Javier Guajardo, Assistant Attorney General, P.O. Box 
12548, Capitol Station, Austin, Texas 78711-2548. 

Plaintiff-Intervenors Jesse Oliver, Fred Tinsley and 

Joan Winn White submit the following answers to State Defen- 

dants' First Set of Interrogatories and First Request for 

Production of Documents: 

INTERROGATORY NO. 1: 
  

Identify every electoral contest which you have 

requested your expert witnesses to analyze for purposes of this 

litigation. Provide the candidate, year of election, and office 

sought in connection with your answer. 

ANSWER: 

All elections in Dallas City or Dallas County 

precincts involving at large contests since 1976. 

INTERROGATORY NO. 2: 
  

Which of the Zimmer factors do you contend are present 

 



  

and support your claim of Section 2 violation? 

ANSWER: 

If by "Zimmer factors", the question pertains to the 

factors ennumerated in Zimmer v. McKeithen, 485 F.2d 1297 (5th 
  

Cir. 1973) (en banc), at 1305, the "factors" in Dallas County 

regarding: 

a. lack of access to the slating process; 

bs tenuous state policy underlying preference 

for multi-member/at-large districts; and 

Ce existence of past discrimination in general 

which precludes effective participation in 

the election system. 

However, Plaintiff-Intervenors assert that the factors 

ennumerated in Thornburg v. Gingles, 478 U.S. 30 (1985) at 36- 
  

37, 44-45 are those applicable to this matter and will guide 

plaintiff-intervenors' proof. 

INTERROGATORY NO. 3: 
  

Do you contend that any aspect of the current Texas 

law governing voting registration operates to disadvantage 

minority voters? If so, describe precisely all such statutory 

provisions and/or practices which you assert so operate. 

ANSWER: i 

The requirement of Texas law dictating election of 

Dallas County district judges from a district no smaller than 

 



  

the county. 

INTERROGATORY NO. 4: 
  

Do you contend that the state policy underlying use 

of the county-wide election for district judges is tenuous? If 

so, please provide the historical, political, and legal basis 

for such claim. 

ANSWER: 

Yes. There is no relationship between the county 

lines for Dallas County and election of officials, judges or 

otherwise. If judges may be elected from one county to serve 

several, so may a judge be elected from part of a county to 

serve all the: county. 

INTERROGATORY NO. 5: 
  

To the extent that you claim that there is a history 

of "official discrimination" that touches the right of minority 

group member to register, to vote, or otherwise participate in 

the democratic process, please describe such discrimination and 

list all such "official discrimination" and the year or years 

in which such discriminatory practices were in effect. 

ANSWER: 

Plaintiff-Intervenors will rely in part on the 

findings in Graves v. Barnes, 343 F.Supp. 704 (W.D. Tex., 1972),   

aff'd, sub nom, White v. Regester, 412 U.S. 755 (1973); Lipscomb   

  

V. Wise, 399 F.Supp. 782 (N.D. 7Tex., 1975), rev'd. on other 

 



  

grounds, 551 F.2d 1043 (5th Cir. 1977), rev'd. on other grounds, 

437 U.S. 535 (1978), concerning Dallas' voting history. In 

addition, the judicial election efforts of Joan Winn White, Fred 

Tinsley, H. Ron White and Jesse Oliver in 1980, 1984, 1986 and 

1988 are illustrative. The recent (1986) county-wide election 

efforts of Royce West for district attorney is further evidence 

of the effect of racial appeals in campaigns and at-large 

elections on black voters as well as candidates' inability to 

participate in the electorial process. 

INTERROGATORY NO. 6: 
  

To the extent that you claim that there is in 

existence a candidate slating process, which has denied minority 

group members access to the process, list the name and/or 

identifying description of each such slating group and the years 

in which it has functioned. 

ANSWER: | 

The Dallas County Republican Party. At least from 

1976 forward. 

INTERROGATORY NO. 7: 
  

To the extent you claim that political campaigns have 

been characterized by overt or subtle racial appeals, list every 

election campaign in which you so contend and the candidates or 

candidate supporters guilty of utilizing such appeals. 

 



ANSWER: 

The two recent Joan Winn White and Royce West 

campaigns, as well as those cited in Graves and Lipscomb 
  

opinions cited in answer 5 above. 

INTERROGATORY NO. 8: 
  

Identify every minority candidate for district judge 

in Dallas County. 

ANSWER: 

To the best of my knowledge, the black candidates for 

district judge have been: Joan Winn White, H. Ron White, Fred 

Tinsley, Jesse Oliver, Carolyn Wright and: Larry Baraka. 

Plaintiff-Intervenors have not surveyed Hispanic candidates for 

district judge. 

INTERROGATORY NO. 9: 
  

Please identify by street address and voting precinct 

your residence. 

ANSWER: 

Tinsley: 6770 Keswick, Dallas, Texas 75232; precinct #4456. 

INTERROGATORY NO. 10: 
  

If you claim that Black and Mexican-American voters 

in Dallas County are politically cohesive with each other, 
- 

please specify the factual basis for the claim.  



  

ANSWER: 

The two recent Joan Winn White and Royce West 

campaigns, as well as those cited in Graves and Lipscomb 
  

opinions cited in answer 5 above. 

INTERROGATORY NO. 8: 
  

Identify every minority candidate for district judge 

in Dallas County. 

ANSWER: 

To the best of my knowledge, the black candidates for 

district judge have been: Joan Winn White, H. Ron White, Fred 

Tinsley, Jesse Oliver, Carolyn Wright and Larry Baraka. 

Plaintiff-Intervenors have not surveyed Hispanic candidates for 

district judge. 

INTERROGATORY NO. 9: 
  

Please identify by street address and voting precinct 

your residence. 

ANSWER: 

White: 3912 Weeburn Drive 
Dallas, Texas 75229 

Voting Precinct: 1130 

INTERROGATORY NO. 10: 
  

If you claim that Black and Mexican-American voters 

in Dallas County are politically cohesive with each other, 

please specify the factual basis for the claim. 

 



  

ANSWER: 

No such claim is advanced; whether same is true, 

plaintiff-intervenors do not know. 

INTERROGATORY NO. 11: 
  

If you claim to represent the interests of Mexican- 

American voters in this lawsuit, please specify the factual 

basis for the claim. 

ANSWER: 

Not applicable. 

INTERROGATORY NO. 12: 
  

Please identify each of the persons, other than 

already-identified expert witnesses, that you expect to call as 

a witness at the trial of this action, specifying the subject 

matter upon which each is expected to testify and the substance 

of the facts of which each has knowledge as they pertain to the 

allegations and claims against the State Defendants. 

ANSWER: 

H. Ron White - unsuccessful black candidate for 

district judge in Dallas. Will testify as to his campaign and 

results. 

Royce West - unsuccessful black candidate for district 

attorney in Dallas County. 

 



  

INTERROGATCRY NO. 13: 
  

Please identify the organizations which endorsed you 

in your race or races for district judgeship in Dallas County. 

ANSWER: 

Tinsley: Committee for Qualified Judiciary, Dallas Morning 

News, Dallas Times Herald, Democratic Progressive Voters 

League, Oak Cliff Democrats and Oak Lawn Democrats. 

 



  

INTERROGATORY NO. 13: 
  

Please identify the organizations which endorsed you 

in your race or races for district judgeship in Dallas County. 

ANSWER: 

White: Dallas Bar Association Preference Poll 
Irving Bar Association Preference Poll 
Mesquite Bar Association Preference Poll 
Dallas Morning News 

Dallas Times Herald 

Progressive Voter's League 

 



  

REQUEST FOR PRODUCTION OF DOCUMENTS 
  

REQUEST NO. 1: 
  

Please provide a copy of all computer printouts and 

summaries of them, including preliminary or non-final ones, 

which any of your experts have reviewed or relied upon in 

connection with either of the following matters: (a) voter 

behavior, including matters of racially polarized voting; and 

(b) geographical compactness of an identifiable racial or ethnic 

group or groups. 

RESPONSE TO REQUEST NO. 1: 
  

Still in process; will furnish when completed. 

 



STATE OF TEXAS § 

COUNTY OF DALLAS § 

BEFORE ME, personally appeared Fred Tinsley, who after 

being duly sworn, did state under oath, that he is one of the 

plaintiff-intervenors in the above and foregoing cause of action 

and that the allegations set forth hereinabove, are true and 

correct. 

/ Lr 7 

77 
Fred Tinsley 
  

pr 

SUBSCRIBED AND SWORN TO before me, on this the ir 

day of July, 1989. 

a 

. 

Ny. eccommieremmmm as — 

2d LA J 

NOTARY PUBLIC, in and for 
the State of Texas 

  

 



  

STATE OF TEXAS § 

COUNTY OF DALLAS § 

BEFORE ME, personally appeared Joan Winn White, who 

after being duly sworn, did state under oath, that she is one 

of the plaintiff-intervenors in the above and foregoing cause 

of action and that the allegations set forth hereinabove, are 

true and correct. 

Joan Winn White 
  

/ SUBSCRIBED AND SWORN TO before me, on this the Gib 

ugesst 
day Wy 19889. 

  

        

= pvreetae, 7 

Sef fH one NOTARY PUBLIC, in afd 
: Rdg TE the State of Texas 
3 Earns Mu8sirre Cypiie 3/0 ~7f 

11 

 



  

Respectfully submitted, 

MULLINAX, WELLS, BAAB 

& CLOUTMAN, P.C. 

3301 Elm Street 

Dallas, Texas 75226-1637 

(214) 939-922 

fl 
Edward PF. Cloutman, III 
  

COUNSEL FOR PLAINTIFF-INTERVENORS 

CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the 

foregoing instrument has been served upon counsel of record, by 

placing same in the United States Mail, postage prepaid, on this 

SEPTEMBER 
the 7 day of July; 1989. 

Ar. , 5 

Edward B. Cloutman, III 

  

  

12