Motion and Supporting Brief for Permission to Appear, File Brief, and Make Argument as Amicus Curiae

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 
WESTERN DIVISION 

Civil Action No. 4-96-CV-104-BO(3) 

MARTIN CROMARTIE, et. al., 

Plaintiffs, 

v. MOTION FOR PERMISSION 

TO APPEAR, FILE BRIEF, AND 

JAMES B. HUNT, JR., in his official MAKE ARGUMENT AS 

AMICUS CURIAE 
Rule 24(b), F.R. Civ. P. 

capacity as Governor of the State of 
North Carolina, et. al., 

Defendants, 

and 

ALFRED SMALLWOOD, et. al., 

Defendant, Intervenors 

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Movants, CASS BALLENGER, HOWARD COBLE, RICHARD BURR, SUE 

MYRICK, WALTER JONES, ROBIN HAYES, and CHARLES TAYLOR, by and through 

their counsel, pursuant to Rule 24(b) of the Federal Rules of Civil Procedure request 

permission from the court to appear, file a brief, and make oral argument as amicus 

curiae in the above-captioned action, and as reasons therefor would show: 

1. Movants are incumbent Congressmen from the Tenth, Sixth, Fifth, Ninth, 

Third, Eighth, and Eleventh Congressional district in North Carolinas, respectively, all 

 



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of whom presently intend to file for re-election in the year 2000. The movants affiliate 

with the Republican party. 

2. Movant's attorney is duly licensed to practice law in the State of North 

Carolina and has practiced law in that state since 1973. During that period, much of 

counsel’s practice has been involved in election law and redistricting matters and he has 

become recognized as experienced in that area of the law. 

3. The question at issue in this case is one that is of vital interest to the movants 

and the public in that the outcome of this case will significantly affect their candidacies 

and their constituents in the elections for Congress in 2000, and counsel's specialized 

knowledge in this area of the law would be of value to the court. 

4. Movant's counsel has conferred with counsel for the Attorney General, 

Plaintiff's counsel, and defendant interveners’ counsel, and all have consented to this 

permissive intervention as amicus curiae counsel. Movants are content to appear as the 

issues have been developed and know of no reason why their participation as amicus 

curiae should delay the trial of this matter 

Wherefore, movants request that movants’ counsel be permitted to appear as 

amicus curiae in this action, participate in the trial as requested by the court, to file a 

brief and make oral argument therein relevant to the issues currently before the court  



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and, if needed, assist in formulating, submitting, or commenting on a remedy should a 

This /O day of November 1999. 

Ls 
ROBERT N. HUNTER, JR. 
Attorney for Movants 

Hunter, Johnston, Elam & Benjamin, PLLC 

822 North Elm Street, Suite 200 

Greensboro, North Carolina 27401 

Phone: 336-273-1600 

  

violation of law be established. 

  

  

Fax: 336-274-4650 

State Bar No. 05314 

 



  

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 
WESTERN DIVISION 

Civil Action No. 4-96-CV-104-BO(3) 

MARTIN CROMARTIE, et. al.,, 

Plaintiffs, 

v. 

JAMES B. HUNT, JR., in his official 

capacity as Governor of the State of 
North Carolina, et. al., 

Defendants, 

and 

ALFRED SMALLWOOQD, et. al., 

Defendant, Intervenors 

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BRIEF IN SUPPORT OF MOTION 
FOR PERMISSION TO APPEAR, 

FILE BRIEF, AND MAKE ARGUMENT 
AS AMICUS CURIAE 

THE HONORABLE Cass Ballenger, Howard Coble, Richard Burr, Sue Myrick, 

Walter Jones, Robin Hayes, and Charles Taylor (hereinafter referred to as “the 

Representatives”), move the Court for leave to participate in the above-styled action as 

  amici curiae and to enter a brief. The Representatives are the incumbent Congressmen 

and Congresswoman for seven districts in North Carolina which surround the two 

challenged districts. Collectively these Congressmen and Congresswoman represent 

over one half (*2) of the citizens of the State of North Carolina. The question at issue in 

this case is one that is of vital interest to the Representatives and their constituents in 

 



  

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that the outcome of this case will significantly affect their candidacies and their 

constituents in the elections for Congress in 2000. 

The Representatives’ attorney is recognized as an expert in the field of election 

law and more specifically redistricting. In addition, the Representatives are the 

incumbent Republicans for the districts that are directly effected by the proposed 

redistricting plan. 

Because of the Representatives’ unique position they clearly meet the standard 

established for amicus participation. See United States v. State of Louisiana, 751 F. Supp.   
  

608, 620 (E.D. La. 1990) (a party “seeking to appear as amicus must merely make a 

showing that his participation is useful to or otherwise desirable by the court.”) Should 

a constitutional violation be found, the effect of a remedy on these districts could be 

dramatic. Their comments on any remedy proposed should be useful to or otherwise 

desirable by the Court. Based upon the foregoing, and for other good cause, they seek 

  leave to participate as amici curiae to address issues raised by the pending constitutional 

challenge to the State of North Carolina's 1998 congressional redistricting plan. The 

Representatives’ participation as amici would not delay the adjudication of this case or 

otherwise prejudice the parties, all of whom have consented to this motion. 

WHEREFORE, the Representatives respectfully moves this Court to allow it to 

participate as amici curiae and to file a brief addressing the issues now before this Court,   

and if needed to supply remedial plans or comments thereon. 

 



    

Respectfully gubmitted, 

  

  

ROBERT N. HUNTER, JR. 
Attorney for Movants 

Hunter, Johnston, Elam & Benjamin, PLLC 

822 North Elm Street, Suite 200 

Greensboro, North Carolina 27401 

Phone: 336-273-1600 

Fax: 336-274-4650 

State Bar No: 05314 

 



    

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

WESTERN DIVISION 

Civil Action No. 4-96-CV-104-BO(3) 

MARTIN CROMARTIE, et. al, 

Plaintiffs, 

Vv. 

JAMES B. HUNT, JR., in his official 

capacity as Governor of the State of 
North Carolina, et. al., 

Defendants, 

and 

ALFRED SMALLWOOD, et. al., 

Defendant, Intervenors 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that he has served a copy of the foregoing MOTION 

FOR PERMISSION TO APPEAR, FILE BRIEF, AND MAKE ARGUMENT AS AMICUS 

CURIAE and BRIEF IN SUPPORT OF MOTION FOR PERMISSION TO APPEAR, FILE 

BRIEF, AND MAKE ARGUMENT AS AMICUS CURIAE on the following parties in interest 

by depositing a copy thereof in the care and custody of the United States Postal Service, first- 

class postage prepaid, addressed to said parties at their last known address as listed below in the 

manner prescribed by law: 

Tiare B. Smiley, 
Special Deputy Attorney General 
Attorney for Defendants 

North Carolina Department of Justice 
Post Office Box 629 
Raleigh, North Carolina, 27602 

 



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Robinson O. Everett 

Attorney for Plaintiffs 
Suite 300, First Union National Bank Building 

301 West Main Street 

Durham, North Carolina 27702 

Adam Stein 

Attorney for Defendant-Intervenors 

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. 

Suite 2, 312 West Franklin Street 

Chapel Hill, North Carolina 27516 

Todd A. Cox 
Attorney for Defendant-Intervenors 
NAACP Legal Defense & Educational Fund, Inc. 
1444 1 Street NW, 10™ Floor 
Washington, DC 20005 

This the / 4 day of November, 1999 / 

  

ROBERT N. HUNTER, JR. 
Attorney for Movants 

Hunter, Johnston, Elam & Benjamin, PLLC 

822 North Elm Street, Suite 200 

Greensboro, North Carolina 27401 

Phone: 336-273-1600 

Fax: 336-274-4650 

State Bar No. 05314