Memo from Kellogg to Major v. Treen File Re Conversation with Fritz Windhorst; Louisiana Senate Resolution No. 14

    MIMORANDUNM 

Major v. Treen File 

Jim Kellogg 

June 16, 1982 

Conversation with Fritz Windhorst 

I received a telephone call today from State Senator Fritz Windhorst. 

Mr. Windhorst advised me that the Senate wished to cooperate fully 

in our litigation of the above captioned matter and, to that end, the 

Senate last week has passed a resolution to waive legislative immunity 

and allow Senate Staffers and Senate Members to testify, té give 

depositions, and to cooperate fully with us for discovery purposes 

and for trial. In return he asked that we jointly approach Judge 

Collins with a Protective Order limiting such inquiry to the pendiny 

litigation, and the intent of the Legislature. 

What he apparently wants from this is wording in the order recognizing 

Legislative immunity from testifying in Federal Court. He has ask 
lot 

Ww ad ‘ his assistant, Paul Smith, to cet in touch with me so that. the 

can be signed by us and by him and Matt Kiefer {another Ne® Orleans 

area Senator), as Attorneys for the Senate. 

can be worked out. He says that the Motion for Protective Order 

From my reading of the memo that Napoleon sent us in the North 

Carolina case, a Federal Court would probably not recongize a 

claim of Legislative immunity, even if it were raised, but we would 

undoubtly have to brief the issue and get a ruling from the Court 

on the issue, absent in the agreement Senator Windhorst proposes. 

My suggestion is that we should discuss this matter once we re- 

ceive the Justice Department's decision on the Congressional 

Reapportionment. 

 



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Regular Session, 1982 

SENATE RESOLUTION NO. 14 

BY MESSRS. WINDHORST AND KIEFER 

A RESOLUTION 

To waive the privilege granted to the Senate of the Louisiana Legislature and to its ¢ 

members under Article III, Section 8 of the Constitution of Louisiana and 

under the federal common law to the extent and only to the extent necessary 

to authorize any member of the staff of the Senate and any member of the 

Senate to answer any question propounded by the court or the parties or to 

produce any evidence required by either of them in discovery or trial 

proceedings which would provide information of probative value to indicate 

intent or lack of intent to discriminate against the voting rights of any 

Louisiana citizen by the legislature or the executive branch in the matter 

entitled "Barbara Major, et al v. David C. Treen, et al, Civil Action No. 82- 

1192, United States District Court, Eastern District of Louisiana." 

WHEREAS, the Louisiana Legislature enacted Act No. 20 of the 1981 First 

Extraordinary Session of the Louisiana Legislature to redistrict the eight 

congressional districts of the State of Louisiana; and 

WHEREAS, suit has been initiated in the United States District Court, 

Eastern District of Louisiana, in the matter entitled "Barbara Major, et al v. David 

C. Treen, et al, Civil Action No. 82-1 192", challenging the legality of Act No. 20 of 

the 1981 First Extraordinary Session of the Louisiana Legislature; and 

WHEREAS, depositions have been requested of members of the Senate staff 

and of at least one senator in the above referenced matter; and 

WHEREAS, the Senate desires to cooperate with the parties involved and 

with the federal judicial system in order to obtain an expeditious ruling concerning 

the legality of the congressional districts created by Act No. 20 of the 1981 First 

Extraordinary Session of the Louisiana Legislature; and 

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WHEREAS, the Senate also recognizes its privilege as a legislative body and 

the privilege of each member of the Senate from being questioned concerning 

legislative matters pursuant to Article III, Section 8 of the Constitution of 

Louisiana and the federal common law; and 

WHEREAS, the Senate recognizes and jurisprudence has held that the 

privilege granted to a legislative body and to the members thereof extends to their 

legislative staff to the same extent as to the body and the members themselves; 

and 

WHEREAS, the Senate seeks to clarify and provide direction to its members 

and to the Senate staff concerning any requests or court orders seeking or requiring 

testimony or other evidence from any member of the Senate or its staff. 

THEREFORE BE IT RESOLVED by the Senate of the Legislature of Louisiana 
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that the Senate does hereby waive the privilege granted to the Senate and to its 

members and staff by Article III, Section 8 of the Constitution of Louisiana and by 

the federal common law to the extent necessary to authorize its members and the 

members of its staff to answer any question propounded by the court or the parties 

or to produce any evidence required by either of them in discovery or trial 

prareenings which would provide information of probative value to indicate intent 

or lack of intent to discriminate against the voting rights of any Louisiana citizen 

by the Louisiana Legislature or the executive branch arising in the matter entitled 

"Barbara Major, et al v. David C. Treen, et al, Civil Action No. 82-1192, United 

States District Court, Eastern District of Louisiana." 

BE IT FURTHER RESOLVED that a copy of this Resolution shall be 

transmitted to the clerk of court of the United States District Court for the 

Eastern District of Louisiana with a request that the Resolution be filed in the 

herein referenced matter. 

BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to 

counsel of record of each of the parties in the herein named suit, and to Governor 

David C. Treen and Secretary of State James H. Brown. 

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