Motion for Leave to File Brief of Amicus Curiae (FRAP 29) on the Issue of Emergency Stay

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IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT Sy ~~ 

  

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// "12 100n // NO. 90-8014 UL Pi S10 //] 

  

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

Plaintiffs—Appellees, 

versus 

JIM MATTOX, Attorney General of the State of Texas, et al., 

Defendants, 

and HARRIS COUNTY DISTRICT JUDGE SHAROLYN WOOD, 

Intervenor-Defendant-Appellant. 

  

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE 
(FRAP 29) ON THE ISSUE OF EMERGENCY STAY 

Interest of the Applicants: We the Petitioners, in our 

individual capacities, are twenty-seven of the thirty-six 

incumbent Judges of Houston, Harris County, Texas, who are 

standing for re-election in 1990.1 we are presently involved in 

an election in progress. Our professional careers and such 
    

  

1 patricia R. Lykos, 180th District Court (Criminal); Donald K. 
Shipley, 182nd District Court (Criminal); Jay W. Burnett, 183rd 
District Court (Criminal); Bob Burdette, 184th District Court 
(Criminal): Richard W. Millard, 189%h District Court (Civil): 
Wyatt W. Heard, 190th. District Court. (Civil):  Hichael T. 
McSpadden, 209th District Court (Criminal); : Ted Poe, 228th 

District Court (Criminal); Joe Kegans, 230th District Court 
(Criminal); Scott Brister, 234th District Court (Civil); Henry G. 
Schuble . 1171, 245th District Court (Family); Charles Dean 
Huckabee, 247th District Court (Family); Woody R. Densen, 248th 
District Court (Criminal); Norman R. Lee, 257th District Court 
(Family); Doug Shaver, 262nd District Court (Criminal); Charles 
J. Hearn, 263rd District Court (Criminal); 

 



  

individual rights as we may possess as incumbent candidates are 

affected directly by whether the Order below is stayed. Ve have 

a clear, present and immediate interest in such rules as may 

apply to the on-going election process of 1990. 

Why a Brief of Amicus Curiae is Desirable: Being directly 

involved in the mechanics of the election process of 1990, we 

stand in a unique position shared by none of the litigants below. 

le seek to take no position on the merits of the decision 

below, but can provide direct insight into the immediate effect 

of the "interim" remedy which we believe creates an emergency. 

It is our belief that the shape and timing of the remedy imposed 

below has more significance to Plaintiffs, Defendants, 

Interveners and to the Commonweal than does the decision on the 

merits. To this immediate, emergency problem we may provide 

insight. 

  

David West, 269th District Court (Civil); Tony Lindsay, 280th 
District’ Court (Civil): Louis MM. Moore, 281st District« Court 
(Civil); Dan Downey, 295th District Court (Civil); Bob Robertson, 
303th. District Court (Family); John :D. Montogomery, ' 309th 
District Court (Family); Allen J. Daggett, 310th District Court 
(Family); Robert S. Webb I1I, 312th District Court (Family): 
Robert L. Lowry, 313th District Court (Juvenile); Robert B. Baun, 
314th District Court (Juvenile); Eric G. Andell, 315th District 
Court (Juvenile). 

 



  

WHEREFORE, Petitioners pray they be permitted to file an 

Amicus Curiae Brief on the limited issue of whether an emergency 

stay should be granted. 

Respectfully submitted, 

MICHAEL RAMSEY 

Ramsey & Tyson 
2120 Welch 
Houston, Texas 77019 

  

713-523-7878 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that on the day of January, 1990, a 
true and correct copy of the above and foregoing document was 
mailed to counsel of record in this case by first class United 
States mail, postage prepaid, addressed as follows: 

Mr. J. Euguene Clements 
Evelyn V. Keyes 
Porter & Clements 

3500 NCNB Center 
P.O. Box 4744 

Houston, Texas 77210-4744 

Darrell Smith 
Attorney at Law 

10999 Interstate Hwy. 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 

Ms. Susan Finkelstein 
Texas Rural Legal Aid, Inc. 
201 N., St, Mary's, Suite 600 
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. Javiar 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 Nain Street 
Dallas, Texas 75210 

  

MICHAEL RAMSEY 
Ramsey & Tyson 

2120 Welch 
Houston, Texas 
713-523-7878 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

NO. 90-8014 

  

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

Plaintiffs—-Appellees, 

versus 

JIM MATTOX, Attorney General of the State of Texas, et al., 

Defendants, 

and HARRIS COUNTY DISTRICT JUDGE SHAROLYN WOOD, 

Intervenor-Defendant-Appellant. 

  

BRIEF OF AMICUS CURIAE (27 INCUMBENT HARRIS COUNTY JUDGES) 
ON THE QUESTION OF EMERGENCY STAY 

(CONDITIONALLY FILED, FRAP 29) 

  

RAMSEY AND TYSON 

Michael Ramsey 
2120 Welch 
Houston, Texas 77019 

(713) 523-7878 

ATTORNEY FOR AMICUS CURIAE 
(27 DISTRICT JUDGES OF 
HARRIS COUNTY, TEXAS)