Motion for Leave to File a Brief Amicus Curiae

    LAW OFFICES 

(214) 330-1100 WALTER L. IRVIN TELECOPY: 

(214) 299-7042 ONE WEST HILLS (214) 331-2595 

5787 SOUTH HAMPTON ROAD 

SUITE 210 

DALLAS, TEXAS 75232-2255 

January 31, 1990 

United States Court of Appeals 
Fifth Circuit 
Office of the Clerk 
600 Camp Street 
New Orleans, LA 70130 

Re: LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 
COUNSIL NO. 4434, 

PLAINTIFFS-APPELLEES, 
VS. 
WILLIAM P CLEMENTS, ETC., ET AL, 

DEFENDANTS, 
JIM MATTOX, . 

DEFENDANT-APPELLANTS. 
  

No. 90-8014 

Dear Clerk: 

Enclosed please find an original and three (3) copies of 

a Motion for Leave to File a Brief Amicus Curiae in the 

above entitled and numbered cause. Please return the file 

marked copies to my office in the enclosed self addressed 

postage pre-paid envelope, which I have provided for your 

convenience. 

Very truly yours, 

DSA 
Walter L. Irvin 

WLI/bb 
cc: with enclosures to the following: 

J. Euguene Clements, Esq., Evelyn Keys, Esq., 

Darrell Smith, Esq., Michael J. Wood, Esq., 

Michael J. Wood, Esq., Mr. William Garrett, Esq., 

Brenda Hall Thompson, Esq., Rolando L. Rios, Esq., 

Julius Chambers, Esq., Sherrilyn Ifill, Esq., 

Gabrielle K. McDonald, Esqg., Edward Cloutman, III., 

Esq., E. Brice Cunningham, Esq., Robert Mow, Jr., 

Esqg., and Jim Mattox, Attorney General of Texas, 

et al. 

 



  

|] » 

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

- NO. 90-8014 

  

LEAGUE OF UNITED LATIN AMERICANS CITIZENS, 

COUNCIL NO. 4434, 

PLAINTIFFS-APPELLEES, 

VS. 

WILLIAM P. CLEMENTS, ETC., ET AL, 

DEFENDANTS, 

JIM MATTOX, 

DEFENDANT-APPELLANTS. 

  

MOTION FOR LEAVE TO FILE A BRIEF AMICUS CURIAE 

  

TO THE HONORABLE JUSTICES OF SAID COURT: 

COMES NOW BERLAIND BRASHEAR, Judge, County Criminal 

Court No. 6, Dallas, Dallas County, Texas, E. BRICE CUNNING- 

HAM, LORENZO BROWN, R.D. RUCKER, attorneys, Dallas, Dallas 

County, Texas, ALICE BONNER, LARRY EVANS, attorneys, 

Houston, Harris County, Texas, JESSE GAINES, PAM DUNLAP, 

J.R. MOLINA, LEON HALEY, attorneys, Fort Worth, Tarrant 

County, Texas, L. CLIFFORD DAVIS, Judge, MARILYN HICKS, 

231st District Court, Fort Worth, Tarrant County, Texas, by 

and through their attorney of record, and moves this Court 

to grant them leave to file a brief in support of the 

affirmance of the judgment appealed from herein, and in 

-] 

 



  

support of the Motion shows as follows: 

1. Applicants' have ‘an interest in the issues and the 

outcome of this appeal. This interest arise from the fact 

that the applicants' are Afro-American and Mexican-American 

attorneys and Judges who filed for positions as 

candidates for various State Judges in the non-partisan 

elections scheduled by the District Court's Order for 

May 6, 1990. This order concerning non-partisan 

elections is among the issues presented on Appeal. 

(2) Applicants believe that a brief of Amicus Curiae 

submitted by applicants, will be desirable in that: 

(a) Applicants are all Afro-American and Mexican- 

American attorneys and are vitally interested in the 

outcome of the litigation herein. They are unique in that 

they represent candidates who have filed for non-partisan 

elections from all the major urban counties involved by the 

District Court's Order, and as such provide a unique 

prospective in this litigation. Applicants believe that 

their position should be made known to the Court and 

that their position will be valuable assistance to the 

Court, in providing the Court with virtually all the 

available authorities on the issues at hand. 

(b) Applicants' contend that although some of their 

positions are being represented and presented to the Court 

by the original Appellees in this case, that the unique 

perspective that they may provide as Afro-American and 

Mexican-American attorneys and prospective candidates may be 

of some aid and assistance to the Court and may address 

-— = 

 



  

some issues that will not be adequately presented to this 

Court by other parties. 

({c) The issues involved in this appeal concern not 

only the parties and applicants, but also of Afro- 

American and Mexican-American attorneys that seek to 

serve their community, County and State. It is therefore 

highly important that Appellees' position be developed and 

presented fully. . 

Dated: January 31, 1990. 

Respectfully submitted, 

Wat We 
WALTER L. IRVIN 
STATE BAR NO. 10423000 
5787 SOUTH HAMPTON ROAD 
SUITE 210, LOCK BOX 122 
DALLAS, TEXAS 75232-2255 
214/330-1100 

  

ATTORNEY FOR APPLICANTS 

CERTIFICATE OF CONFERENCE 
  

I, Walter L. Irvin, talked to William Garret, lead 

attorney for the Plaintiffs-Appellees, via telephone, and he 

informed that he have no objections to the filing of this 

Motion. 

I have not talked to the attorney for the Defendants- 

Appellants as of the date of the filing of this Motion. 

TT AN a 
  

aR « IRVIN 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that on the 31st day of January, 1990, 

a true and correct copy of the above and foregoing document 

was mailed to counsel of record in this cause by first class 

United States mail, postage prepaid, addressed as follows: 

Mr. J. Euguene Clements 
Evelyn Keys 
Porter & Clements 
3500 NCNB Center p 
P.O. Box 4744 
Houston, Texas 77210-4744 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10., #905 
San Antonio, Texas 78230 

Michael J. Wood 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, Texas 77002 

Mr. William L. Garrett 
Ms. Brenda Hall Thompson 
Garrett, Thompson & Chang 
Attorneys at Law 
8300 Douglas, Suite 800 
Dallas, Texas 75225 

Mr. Rolando L. Rios 
Southwest Voter Registration & 
Education Project 
201 N. St. Mary's, Suite 521 
San Antonio, Texas 78205 

Mr. Julius Levonne Chambers 
Ms. Sherrilyn A. Ifill 
NAACP Legal Defense and Educational Fund, Inc. 
99 Hudson Street, 16th Floor 
New York, New York 10013 

Ms. Gabrielle K. McDonald 
Matthews & Branscomb 
301 Congress Ave., Suite 2050 
Austin, Texas 78701 

 



  

Mr. Jim Mattox, Attorney General of Texas 

Ms. Mary F. Keller, First Assistant Attorney General 

Mr. Renea Hicks, Spec. Assistant Attorney General 

Mr. Javier Guajardo, Spec. Assistant Attorney General 

P.O. Box 12548 
Capitol Station 
Austin, Texas 78701 

Mr. Edward B. Cloutman, III 

Mullinax, Wells, Baab & Cloutman, P.C. 
3301 Elm Street 
Dallas, Texas 75203 

Mr. E. Brice Cunningham 
777 So. R.L. Thornton Freeway, Suite 121 
Dallas, Texas 75203 

Mr. Robert H. Mow, Jr. 
Hughes & Luce 
2800 Momentum Place 
1717 Main Street 
Dallas, Texas 75210 

We eso A an~— 
  

WALTER L. IRVIN