Opposition to Motion for Leave to File Amicus Brief

    HUGHES & LUCE 

2800 MOMENTUM PLACE 

1717 MAIN STREET 
DALLAS, TEXAS 75201 900 FRANKLIN PLAZA 

II CONGRESS AVENUE 

(214) 239-5500 AUSTIN, TEXAS 7870! 

FAX (214) 939-6100 (512) 482-6800 

TELEX 730836 FAX (512) 482-6859 

Direct Dial Number 

(214) 939-5745 

March 13, 1990 

FEDERAL EXPRESS 

AIR BILL NO. 425531090 

Gilbert F. Gan eau, Clerk 

f Appeals, 5th Circuit 
treet 

eans, Louisiana 70130 

Re: League of United Latin American Citizens (LULAC), 
et al. v. F. Harold Entz, et al., Cause No. 90-8014 

Dear Mr. Ganucheau: 

Enclosed please find an original and two copies of 
Appellant Dallas County District Judge F. Harold Entz's 
Opposition to Motion for Leave to File Amicus Brief for filing 
in the above-referenced case. 

Please return a file-marked copy to me in the enclosed 
envelope. Please note that copies of the above document are 
being sent as indicated in the certificate of service to the 
other parties. 

Very truly yours, 

en 
David C. Godbey 

DCG/pai 

Enclosures  



    
HUGHES & LUCE 

Gilbert F. Ganucheau, Clerk 

Page 2 

March 13, 1990 

CC: (CERTIFIED MAIL RRR) 

William L. Garrett 

Rolando Rios 

Susan Finkelstein 

Sherrilyn A. Ifill 
Gabrielle K. McDonald 
Edward B. Cloutman, III 

E. Brice Cunningham 
Renea Hicks 

Ken Oden 

David R. Richards 
J. Eugene Clements 

Darrell Smith 

Michael J. Wood 
Joel H. Pullen 

Seagal V. Wheatley 
John L. Hil}, Jr. 

Michael Ramsey 
Hon. Richard Thornburgh 
Orlando Garcia 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR. THE FIFTH CIRCUIT 

LEAGUE OF UNITED LATIN AMERICAN 

CITIZENS (LULAC), et al., 

Plaintiffs-Appellees, 

Vv. NO. 90-8014 

F. HAROLD ENTZ, et al., 

Defendants-Appellants. 

OPPOSITION TO MOTION FOR LEAVE TQ FILE AMICUS BRIEF 
  

TO THE HONORABLE COURT OF APPEALS: 

Appellant Dallas County District Judge F. Harold Entz 

("Judge Entz") opposes the motion for leave to file amicus 

brief of the Mexican American Legislative Caucus ("MALC"), the 

Black Legislative Caucus ("BLC"), the Mexican American Bar 

Association ("MABA"), and the Mexican Briecican Legal Defense 

and Education Fund ("MALDEF") for the following reasons: 

l.” The proposed amicus brief is too long. At 34 pages, 

it exceeds this Court's 20 page limit on amicus briefs by 

almost 75%. See Loc. R. 29.3. 

2. The proposed brief is of an improper character. In 

lieu of legal argument, the amici seek through the guise of an 

amicus brief to supplement the factual record at trial with 

numerous "facts" that are nothing more than unsupported 

assertions. By introducing their "facts" in this manner, the 

amici avoid the awkward problem of having those "facts" tested 

by opposing counsel through trial and having a factual 

JUDGE ENTZ'S OPPOSITION TO MOTION 
FOR LEAVE TO FILE AMICUS BRIEF -- PAGE 1 

 



  

determination on their allegations made by the trial court. 

That is an improper use of an amicus brief. 

3. Had the proposed amici desired to make factual 

arguments of that nature, they should have moved for leave to 

intervene in the trial court. More disturbing, the BLC was 

actually an intervenor in the trial court. At the BLC's 
  

request, the trial court struck their intervention at the 

liability stage, while retaining their intervention for 

remedy. See "Exhibits "A" and "B." Having deliberately 

bypassed the appropriate mode for expressing their views 

below, the amici should not be able to inject extraneous 

factual claims at the appellate level in this inappropriate 

manner. 

4. At minimum, if leave to file the brief is granted, 

appellants should be given a reasonable opportunity to 

respond. This is especially true given that the amicus brief 

contains new matter outside the record and not raised by any 

other appellees; thus, appellants have never before had any 

opportunity to respond to the inaccurate and misleading 

assertions in the amicus brief. 

WHEREFORE, Judge Entz requests that leave to file amicus 

brief be denied. Alternatively, he requests that appellants 

be granted ten (10) days in which to file supplemental briefs 

responding to the amicus brief. 

JUDGE ENTZ'S OPPOSITION TO MOTION 
FOR LEAVE TO FILE AMICUS BRIEF -- PAGE 2 

 



Respectfully submitted, 

el 
Robert H./ Mow, 

David C. ly 

Bobby M. Rubarts 
Esther R. Rosenblum 

  

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 

Dallas, Texas 75201 

(214) 939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ 

CERTIFICATE OF SERVICE 
  

I certify that a true and correct copy of the foregoing 

instrument was served by certified mail, return receipt 

requested, on William L. Garrett, Rolando Rios, Susan 

Finkelstein, Sherrilyn A. Ifill, Gabrielle K. McDonald, Edward 

B. Cloutman, III, E. Brice Cunningham, Renea Hicks, Ken Oden, 

David R. Richards, J. Eugene Clements, Darrell Smith, Michael 

J. Wood, Joel H. Pullen, and Seagal V. Wheatley, John L. Hill, 

Jr, Michael Ramsey, R. James (George, the Hon. Richard 

Thornburgh, and Orlando Garcia in accordance with the Federal 

Rules of Appellate Procedure this 13th day of March, 1990. 

VIE {Lilly 
JUDGE ENTZ'S OPPOSITION TO MOTION 
FOR LEAVE TO FILE AMICUS BRIEF -- PAGE 3 

   



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

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

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 
Francis Williams, Rev. William 
-Lawson, Deloyd T. Parker, 
Bennie McGinty, 

PLAINTIFF-INTERVENORS, 

The Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENOR, 

VS. 
— - - - —— 

JIM MATTOX, 
ATTORNEY GENERAL OF THE STATE 
OF TEXAS: JACK RAINS, SECRETARY 
OF STATE OF THE STATE OF TEXAS, 
ALL IN THE OFFICIAL CAPACITIES; 
THOMAS R. PHILLIPS, JOHN F. 
ONION, JR.; RON CHAPMAN; THOMAS 
J. STOVALL, JR.; JAMES F. 
CLAWSON, JR.; JOE E. KELLY; JOE 
B. EVINS; SAM B. PAXSON; 
WELDON KIRK; CHARLES J. 
MURRAY; RAY D. ANDERSON; JOE 
SPURLOCK II, ALL IN THEIR 
OFFICIAL CAPACITIES AS MEMBERS 
OF THE JUDICIAL DISTRICTS BOARD 
OF THE STATE OF TEXAS, 

DEFENDANTS. 

MOTION TO STRIKE 

§ 

CIVIL ACTION NO. MO-88-CA-154 
  

INTERVENTION 
  

COME NOW The Legislative Black Caucus of Texas and 

respectfully move the Court to permit it to withdraw from this 

action in the liability phase and to remain available to the 

“Court, if a finding of liability against the Defendants is made, 

EXHIBIT 

4 A¥ 
14 
 



  

to participate in the remedy phase of this action and as grounds 

therefor state the following: 

I. 

The Legislative Black Caucus of Texas (hereinafter "Caucus") 

filed its Complaint in Intervention on April 5, 1589. On April 

20, 1989, the Caucus filed its First Amended Complaint in 

Intervention deleting its members as named plaintiffs although 

its Chairman, Larry Evans, has signed interrogatories submitted 

by Judge Wood to the Caucus. 

Lo Taatiyg, | 

On Vay 1%, 1986, 'Piaineitre filed their Second Amended 

Complaint. A comparison of the First Amended Conplaint and the 

Second Amended Complaint indicates that there is no longer a need 

for the Caucus, as an en participate in the 

liability phase. For example, in their Second Amended Complaint, 

the Plaintiffs added Bexar County as one of the counties it 

challenges. Because no challenge was made to the election of 

district court judges from that county in the First Amended 

Complaint, the duly elected state representative from the 120th 

Legislative District of the State of Texas, located in San 

Antonio, Bexar County, Texas, Karyne Conley, who is a member of 

the Caucus would challenge the method of electing district court 

judges in that county. Jim Conley is now a named plaintiff in 

the Plaintiff's Second Amended Complaint. Al Price, the duly 

elected state representative from the 22nd Legislative District 

of the State of Texas, located in Beaumont, Jefferson County, 

 



  

Texas, and who is a member of the Caucus, has been added as a 

named plaintiff in the Second Amended Complaint of the Plaintiffs. 

111. 

The Caucus submits that it has standing to maintain their 

Complaint in Intervention, However, because the trial is set in 

this action for July 11, 1589, Plaintiffs' addition in the Second 

Amended Complaint of parties; and the addition of a challenge to 

district court judicial elections in Bexar County, the Caucus’ 

presence on the liability phase may unnecessarily increase the 

time needed to try this case and the expenses of all parties. 

Wi TV. ..- - a et 
5 

i Mou ik : Although ‘the caucus considers that it is prudent in the 3 Ne 

interests of justice to withdraw as Plaintiff- =Intervenor, it does 

WG So only in so far as it will not offer evidence, as an 

organization, during the liability phase of the trial. Some of 

its members will testify Yeosuss of the extensive information 

they have regarding election practices in the counties from which 

they are elected. If the Court finds that the Plaintiffs and 

Plaintiff-Intervenor are the prevailing parties, the Caucus will 

provide invaluable information as to the appropriate relief to be 

fashioned. 

- WHEREFORE, for all the foregoing reasons, 

Plaintiff-Intervenor, The Legislative Black Caucus of Texas, 

prays that this Court grant their Motion to Strike Intervention 

on the liability phase only and allow them to be available to 

 



  

‘addressed 

participate at the remedy phase if liability is found and the 

Plaintiffs and Plaintiff-Intervenor are the prevailing parties. 

Res fully submitted, 

hia Ul HlQecry 
ee 

OF COUNSEL: 

MATTHEWS & BRANSCOMB, 

A Professional Corporation 

  

~~ Phone: 

{GABRIELLE K. McDONALD 
State Bar I.D. # 13546000 
301 Congress Avenue, Suite 2050 
Austin, Texas 78701 

(512) 320-5055 

“Attorney for... 
Plaintiff-Intervenor, 
The Legislative Bi Lack Caucus of 
Texas 

  

STU CPRTTRIORTE or SERVICE 

' 1,- Gabrielle EK. 
that on this 17th day of May, 

- this Motion to .Strike Intervention was duly mailed, 
“and ‘postage “prepaid, 

McDonald, by signing Shove. hereby certify 
1989, a true and correct copy of 

correctly 

depository of the JU. Ss. Mail to all counsel of record, to-wit: 
. —— - a a— 

William L. Garrett” i Es 
Brena Bull Thompson  '-- = .. 
8300 Douglas, #800 .. 07 7: 
Dallas, TX 75225. a 

Susan Finkelstein 
201 N St. Mary's #521 
San Antonio, TX 78205 

E. Bruce Cunningham 
777 S. R.L. Thornton Fwy #121 
Dallas, TX 175203 

Jim Mattox 
Mary F. Keller 
Renea Hicks - 
Javier Guajardo 
Attorney General's Office 
P. O. Box 12548 
Austin, TX 78711 

‘Rol anda Li: Rios 
201 N. St. Mary's #521 
San Antonio, TX J78205 

Edward B. Cloutman, III 
3301 Elm 
Dallas, TX 75226-9222 

Julius Levonne Chambers 
Sherrilyn A. Ifill 
99 Hudson S§t., 16th Floor 
New York, N.Y. 10013 

J. Eugene Clements 
John E. O'Neill 
Evelyn V. Keyes 
Porter & Clements 
700 Louisiana #3500 
Houston, TX 77002-2730 

"and ° “placed in" an “official . 

 



    

Darrell Smith 
10999 Interstate Hwy 10, 
San Antonio, TX 78230 

Mark H. Dettman 
Midland County Attorney 
P. O. Box 285% : 
Midland, TX 759702 

David R. Richards 
600 W 7th St. 
Austin, TX 78701 

5GEKMbf; kd 
05-17-89 

#905 
Michael J. Wood ; 

440 Louisiana #200 

Houston, TX 77002 

Ken Oden 
Travis County Attorney 
P. O. Box 1748 
Austin, TX 787687 

Robert H. Mow, Jr. 
2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201



  

FLUE D 
IN THE UNITED STATES DISTRICT COURT JUN ¢ 
FOR THE WESTERN DISTRICT OF TEXAS 1389 

MIDLAND-ODESSA DIVISION U.S. £:2ve 27 orm 
Cel OFFI E 

LEAGUE OF UNITED LATIN AMERICAN B..... 

CITIZENS (LULAC), et al., 
~{1..DEPUTY 

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 
Francis Williams, Rev. William 
Lawson, Deloyd T. Parker, 
Bennie McGinty, 

PLAINTIFF-INTERVENORS, 

The Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENOR, 

VS. 

JIM MATTOX, 
ATTORNEY GENERAL OF THE STATE 
OF TEXAS: JACK RAINS, SECRETARY 
OF STATE OF THE STATE OF TEXAS, 
ALL IN THE OFFICIAL CAPACITIES; 
THOMAS R. PHILLIPS, JOHN F. 
ONION, JR.; RON CHAPMAN: THOMAS 
J. STOVALL, JR.; JAMES F. 
CLAWSON, JR.; JOE E. KELLY; JOE 
B. EVINS; SAM B. PAXSON; 
WELDON KIRK; CHARLES J. 
MURRAY; RAY D. ANDERSON; JOE 
SPURLOCK II, ALL IN THEIR 
OFFICIAL CAPACITIES AS MEMBERS 
OF THE JUDICIAL DISTRICTS BOARD 
OF THE STATE OF TEXAS, 

CIVIL ACTION NO. MO-88-CA-154 
  

O
D
D
 
D
D
D
 

D
D
D
 

D
N
D
N
 

D
D
D
 

D
O
D
D
 

N
D
 

D
O
D
O
»
 

DEFENDANTS. 

ORDER GRANTING MOTION TO STRIKE INTERVENTION 
  

BE IT REMEMBERED that on this day came on to be considered 

the Motion to Strike Intervention of The Legislative Black Caucus 

of Texas and the Court having considered same finds that said 

i Motion should be granted; 

A) EXHIBIT N 
  

 



  

It is, therefore, ORDERED, ADJUDGED and DECREED that 

the Plaintiff-Intervenor, The Legislative Black Caucus of Texas" 

Intervention is hereby struck on the liability phase only and 

said Plaintiff-Intervenor is hereby allowed to be available to 

participate at the remedy phase if liability is found and the 

Plaintiffs and Plaintiff-Intervenor are t | prevailing parties. 

SIGNED and ENTERED this day of f\-C2~R__—- 1989. 
  

   

  

5GKMbg; kd