Amended Notice of Deposition on Written Questions and Subpoena Duces Tecum to Murray

    THE UNITED STATES DISTRICT COURT 
THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

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

: Plaintiffs, : 

Vv. : NO. MO-88-CA-154 

JIM MATTOX, et al., 5 

Defendants. : 

AMENDED NOTICE OF DEPOSITION ON WRITTEN 
QUESTIONS AND SUBPOENA DUCES TECUM 
  

  

TO: Prof. Richard Murray, Department of Political Science, University of Houston, Houston, Texas 77209-3474 

Please take notice that, pursuant to Fed. R. Civ. P. 26,31, 

and 45, Defendant-Intervenor Harris County District Judge 

Sharolyn Wood will take the deposition on written questions of 

Richard Murray before an officer authorized to administer oaths 

at such time and place as shall be designated by the court 

reporter, Allied Court Reporters, Esperson Building, Houston, 

Texas 77002. On or before the time of the taking : of his 

deposition, the witness shall produce for inspection and copying 

by Defendant Wood or her counsel the documents designated in 

Exhibit 1 attached hereto and shall answer the questions. 

Parties are invited to submit cross questions pursuant to Fed. R. 

Civ, P. 31a). 

 



  

DEFINITION OF DOCUMENTS 
  

The term "document" means every writing or record of any 

type and description that is in your possession, control, or 

custody, including without limitation, checks, correspondence, 

memoranda, stenographic or handwritten notes, drafts, accounts, 

voice recordings, reports, statistical compilations, work papers, 

data processing cards, computer tapes or printouts, or any other 

writing or recordings of any kind. The term "document" also 

includes every copy of a writing or record which contains any 

commentary or notation of any kind which does not appear on the 

original or any other copy. A document is deemed to be within 

your "control" if you have ownership, possession, or custody of 

the document or a copy thereof, or the right to secure the 

document or a copy thereof from any other person or public or 

private entity having physical possession thereof. 

Direct questions to be propounded to the witness are: 

l. State your name, address and occupation. 

2. State whether or not You have in your custody or 
subject to your control any and all documents as 
defined in Exhibit 1 attached hereto. 

3. Hand to the notary public taking this deposition the 
originals of all such documents. 

4. State whether or not the records you have furnished to the notary public in response to the foregoing question are a complete and accurate copy of the documents in your possession pertaining to the above mentioned 
request categories. 

5. State whether or not the records you have furnished to 
the notary public in response to Interrogatory No. 3 
were kept in your regular course of business. 

 



  

10. 

1. 

12, 

13. 

14, 

15, 

State whether or not it was in your regular course of business for you or one of your employees with personal knowledge of the acts recorded to make these records or to transmit the information which is included in this 
record. 

State whether or not the records you have furnished to the notary public in response to the foregoing inquiries were made at or near the time of the acts which are recorded, or reasonably soon thereafter. 

State your occupation, giving: title, institution, and length of time you have held that position. 

Describe your preparation for the professional position you currently hold. Include your academic and honorary degrees; your principal fields of study; your membership and any offices you have held in any honorary and professional societies; all previous professional positions you have held; all courses you have taught that are related to demographics or politics; all of your publications in the fields of demographics and politics, with a brief description of their contents; all of your academic, professional, and political honors; and all employment you have had in the fields of politics or demographics, including all special projects you have been employed to undertake. 

Describe all affiliations you have had of any type with any political party. 

Describe all affiliations you have had with any minority or civil rights group and all commissions or employment you have received regarding minority political interests or civil rights. 

Have ever been employed to testify as an expert in court; and, if so how many times have you so testified, what subjects did you testify about, and for whom did 
you testify? 

Have you ever been employed as a political consultant in a judicial race? 

If so, who employed you and for which race(s) in which year(s)? 

State whether or not you are producing each of the following documents: 

(1) Untitled report "in four parts" marked Murray 
Exhibjit."1"; 

 



    

16. 

17. 

18. 

19, 

20. 

  

(2) "Election Prospectus for the Houston Area 
Appellate Courts, November, 1982," marked Murray 
Exhibit "2"; 

(3) "Judicial Courts in Harris County, 1982," marked 
Murray Exhibit "3"; 

(4) "Judicial Elections in Harris County: A Review of 
the Judges Committee Compaign Effort," marked 
Murray Exhibit "4"; 

(5) "Partisan Judicial Elections in Harris County, 
Texas," marked Murray Exhibit "5"; and 

(6) "The Selection of Judges in Texas" marked Murray 
Exhibit "6", 

State whether or not your answers to questions 1 
through 7 are affirmative for each of the documents 
marked Murray Exhibit 1 through Murray Exhibit 6 and, 
if not, why not. 

Have the court reporter mark as exhibits each of the 
documents you have produced other than Murray Exhibits 
1 through 6. 

Identify each of the documents marked as exhibits by 
the court reporter in response to question number 17. 

State whether or not your answers to questions 1 
through 7 are affirmative for each of the documents 
marked as exhibits in response to questions 17 and 18; 
and if not, why not. 

Please answer each of the following subquestions with 
respect to Murray Exhibit 1: 

(a) are you the author of the document identified in 
this question? 

(b) for whom was the document prepared? 

(c) for what purpose was the document prepared? 

(d) what topics does the document address? 

(e) are those topics ordinarily addressed by persons 
in your profession? 

(f) what inferences, conclusions and opinions did you 
draw in the document? 

 



  

(9) 

(h) 

(1) 

(3) 

on what facts, data, or opinions did you base 
those inferences, conclusions, and opinions? 

are the facts, data, or opinions on which you 
relied in drawing your inferences or conclusions 
and forming your opinions of a type reasonably 
relied on by persons in your profession? 

in your opinion are the conclusions and inferences 
you drew and the opinions you formed correct? 

what is the basis for your answer to the preceding 
subquestion, 20(i)? 

21. Please answer each of the following subquestions with 
respect to Murray Exhibit 2: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(9) 

(h) 

(1) 

(3) 

are you the author of the document identified in 
this question? 

for whom was the document prepared? 

for what purpose was the document prepared? 

what topics does the document address? 

are those topics ordinarily addressed by persons 
in your profession? . 

what inferences, conclusions and opinions did you 
draw in the document? 

on what facts, data, or opinions did you base 
those inferences, conclusions, and opinions? 

are the facts, data, or opinions on which you 
relied in drawing your inferences or conclusions 
and forming your opinions of a type reasonably 
relied on by persons in your profession? 

in your opinion are the conclusions and inferences 
you drew and the opinions you formed correct? 

what is the basis for your answer to the preceding 
subquestion, 21 (i)? 

22. Please answer each of the following subgquestions with 
respect to Murray Exhibit 3: 

(a) are you the author of the document identified in 
this question? 

 



    

23, 

(9) 

(h) 

(1) 

(3) 

  

for whom was the document prepared? 

for what purpose was the document prepared? 

what topics does the document address? 

are those topics ordinarily addressed by persons 
in your profession? 

what inferences, conclusions and opinions did you 
draw in the document? 

on what facts, data, or opinions did you base 
those inferences, conclusions, and opinions? 

are the facts, data, or opinions on which you 
relied in drawing your inferences or conclusions 
and forming your opinions of a type reasonably 
relied on by persons in your profession? 

in your opinion are the conclusions and inferences 
you drew and the opinions you formed correct? 

what is the basis for your answer to the preceding 
subquestion, 22 (i)? 

Please answer each of the following subquestions with 
respect to Murray Exhibit 4: . 

(a) 

(b) 

(c) 

(d) 

(e) 

(£) 

(g) 

(h) 

are you the author of the document identified in 
this question? 

for whom was the document prepared? 

for what purpose was the document prepared? 

what topics does the document address? 

are those topics ordinarily addressed by persons 
in your profession? 

what inferences, conclusions and opinions did you 
draw in the document? 

on what facts, data, or opinions did you base 
those inferences, conclusions, and opinions? 

are the facts, data, or opinions on which you 
relied in drawing your inferences or conclusions 
and forming your opinions of a type reasonably 
relied on by persons in your profession? 

 



(3) 

in your opinion are the conclusions and inferences 
you draw drew and the opinion you formed correct? 

what is the basis for your answer to the preceding 
subquestion, 23(i)? 

24. Please answer each of the following subquestions with 
respect to Murray Exhibit 5: 

(a) 

(1) 

(J) 

are you the author of the document identified in 
this question? 

for whom was the document prepared? 

for what purpose was the document prepared? 

what topics does the document address? 

are those topics ordinarily addressed by persons 
in your profession? 

what inferences, conclusions and opinions 4d 
id you 

draw in the document? 

on what facts, data, or opinions did you base 
those inferences, conclusions, and opinions? 

are the facts, data, or opinions on which you 
relied in drawing your inferences or conclusions 
and forming your opinions of a type reasonably 
relied on by persons in your profession? 

in your opinion are the conclusions and inferences 
you drew and the opinions you formed correct? 

what is the basis for your answer to the preceding 
subquestion, 24 (i)? 

Please answer each of the following subquestions with 
respect to Murray Exhibit 6: 

(a) are you the author of the document identified in 
this question? 

for whom was the document prepared? 

for what purpose was the document prepared? 

what topics does the document address?  



  

(£) 

(9) 

(h) 

(1) 

(7) 

are those topics ordinarily addressed by persons 
in your profession? 

what inferences, conclusions and opinions did you 
draw in the document? 

on what facts, data, or opinions did you base 
those inferences, conclusions, and opinions? 

are the facts, data, or opinions on which you 
relied in drawing your inferences or conclusions 
and forming your opinions of a type reasonably 
relied on by persons in your profession? 

in your opinion are the conclusions and inferences 
you drew and the opinions you formed correct? 

what is the basis for your answer to the preceding 
subquestion, 25(i)? 

Please answer each of the following subquestions with 
respect to Murray Exhibit 7: 

(a) 

(b) 

(c) 

(d) 

(e) 

(£) 

(9) 

(h) 

(1) 

are you the author of the document identified in 
this question? 

for whom was the document prepared? 

for what purpose was the document prepared? 

what topics does the document address? 

are those topics ordinarily addressed by persons 
in your profession? 

what inferences, conclusions and opinions did you 
draw in the document? 

on what facts, data, or opinions did you base 
those inferences, conclusions, and opinions? 

are the facts, data, or opinions on which you 
relied in drawing your inferences or conclusions 
and forming your opinions of a type reasonably 
relied on by persons in your profession? 

in your opinion are the conclusions and inferences 
you drew and the opinions you formed correct? 

 



      

(Jj) what is the bases for your answer to the preceding 
subquestion, 26 (i)? 

Wy Suelo Vir W[ pen J. Eugene (lementk ( 5. 
Attorney in Charge for Defendant 
Harris County District Judge 
Sharolyn Wood 
700 Louisiana, Suite 3500 
Houston, Texas 77002-2730 
(713) 226-0600 

  

OF COUNSEL: 

PORTER & CLEMENTS 

John E. O'Neill 
Evelyn V. Keyes 
700 Louisiana, Suite 3500 
Houston, Texas 77002-2730 
(713) 226-0600 

CERTIFICATE OF SERVICE 
  

I hereby certify that on the 8H aay of August, 1989, a true and correct copy of the above and foregoing Amended Notice of Deposition on Written Questions and Subpoena Duces Tecum was served upon counsel of record in this case by first class United States mail, postage prepaid, addressed as follows: 

—— L. Garrett, Esq. 
Brenda Hall Thompson, Esq. 

PW Garrett, Thompson & Chang 
Attorneys at Law 
8300 Douglas, Suite 800 
Dallas, Texas 75225 

Rolando L. Rios, Esq. 
Southwest Voter Registration & 

Education Project 
201 N. St. Mary's, Suite 221 
San Antonio, Texas 78205 

Susan Finkelstein, Esq. 
Texas Rural Legal Aid, Inc. 
201 N. St. Mary's, Suite 600 
San Antonio, Texas 78205 

 



  

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

Gabrielle K. McDonald, Esq. 
Matthews & Branscomb 
301 Congress, Avenue 
Suite 2050 
Austin, Texas 78701 

Jim Mattox, Attorney General of Texas 
Mary F. Keller, First Assistant Attorney General 
Renea Hicks, Spec. Assistant Attorney General 
Javier Guajardo, Spec. Assistant Attorney General 
P. O. Box 125483 
Capitol Station 
Austin, Texas 78701 

Edward B. Cloutman, III, Esq. 
Mullinax, Wells, Baab & Cloutman, P.C. 
3301 Elm Street 
Dallas, Texas 75226-1637 

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

Robert H. Mow, Jr. 
Hughes & Luce 
2800 Momentum Place 
1717 Main Street 
Dallas, Texas 75201 

Am 
  Evelyn V. Keyes / 

WO001/23/cdf 

 



  

The 
produced: 

1. 

2. 

EXHIBIT 1 
  

DOCUMENTS, FILES AND THINGS TO 
BE PRODUCED BY RICHARD MURRAY 

following documents, files and things are to be 

All documents relating to the 1986 campaign for 
judicial positions in Harris County, Texas. 
  

All documents prepared for the Judges Committee 
including, but not limited to, reports generated 
pre-campaign, during the campaign, and post-campaign in 
1986-1987. 

  

All documents relating to the role of race and/or 
ethnic background in Harris County primary and general 
elections for judicial office since 1980. 

  

All documents provided since January 1, 1984, to any of 
the following regarding elections or election returns, 
voting districts, or demographics that relate in any 
way to racial or minority language (a) discrimination 
and/or (b) voting patterns and results in Harris 
County. 

  

League of United Latin American Citizens ("LULAC") 
LULAC Council No. 4434 
LULAC Council No. 4451 
Aquilla Watson 
Christina Moreno 
Matthew W. Plummer 
Houston Lawyers' Association 
Alice Bonner 
Weldon Berry 
Francis Williams 
Rev. William Lawson 
Deloyd T. Parker 
Bennie McGinty 
Jesse Oliver 
Fred Tinsley 
Joan Winn White 
Legislative Black Caucus 
Larry Evans 

Albert Price 
Harold Dutton Jr. 
Senfronia Thompson 
Fred Blair 
Karyne Conley 

 



  

5. 

Wilhelmina Delco 
Al Edwards 
Samuel Hudson 
Eddie Bernice Johnson 
Jerald Larry 
Garfield Thompson 
Sylvester Turner 
Craig Washington 
Ron Wilson 

Algenita Scott Davis 
Benjamin Pigott 
Peggy Foreman 
McKen Carrington 
Willie Rhodes 
The Judges Committee 
Gabrielle K. McDonald 
Southwest Voter Registration & 

Education Project 
Texas Rural Legal Aid, Inc. 
NAACP Legal Defense and Educational Fund, Inc. 

The witness’ resume, including academic degrees, 
publications, professional honors, and professional 
employment.