Judge Entz's Modification to Draft Pretrial Order

    HUGHES & LUCE 
2800 MOMENTUM PLACE 

1717 MAIN STREET 
DALLAS, TEXAS 75201 1500 FIRST STATE BANK BUILDING 

400 WEST 15TH STREET 

AUSTIN, TEXAS 78701 

(512) 482-6800 

TELECOPIER (512) 474-4258 

  

(214) 239-5500 

TELECOPIER (214) 939-6100 

TELEX 730836 

Direct Dial Number 

(214) 939-5581 

September 5, 1989 

HAND DELIVERED 

Edward B. Cledtman, 111, Esq. 
Mullinax, Wells, Baab & Cloutman, P.C. 
3301 m Street 

D as, TX 75226-1637 

Re: League of United Latin American Citizens (LULAC), 
et al. Vv. Jim Mattox, et al., Civil Action 
MO 88 CA 154 

Dear Ed: 

We will produce Judge John M. Marshall and Judge Carolyn 
Wright for deposition in their Chambers on Friday, September 
8, 1989 at 1:00 p.m. and 2:30 p.m., respectively. 

All other counsel are invited to attend and cross-examine. 

Very truly yours, 

Ald 
David C. Godbey 

DCG/pai 

ce? (VIA CERTIFIED MAIL RRR) 

William L. Garrett Ken Oden 

Rolando Rios David R. Richards 
Susan Finkelstein J. Eugene Clements 

Sherrill A. Ifill Darrell Smith 
Gabrielle K. McDonald Michael J. Wood 
E. Brice Cunningham Hon. Carolyn Wright 
Renea Hicks Hon. John Marshall 

 



HUGHES & LUCE 
2800 MOMENTUM PLACE 

1717 MAIN STREET 

DALLAS, TEXAS 75201 1500 FIRST STATE BANK BUILDING 

400 WEST 15TH STREET 

(214) 839-5500 AUSTIN, TEXAS 78701 

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

TELEX 730836 TELECOPIER (512) 474-4258 

Direct Dial Number 

(214) 939-5581 

September 5, 1989 

HAND DELIVERED 

Edward B. Cloutmarn; 111, Esq. 

Mullinax, | P.C. 

League of United Latin American Citizens (LULAC), 
et al. Vv. Jim Mattox, et al., Civil Action 
MO 88 CA 154 

Dear Ed: 

Enclosed please find copies of the following documents, 
which you requested in Dr. Champagne's deposition. 

Computer printout of survey results 
Script used for survey with annotations by Dr. 
Champagne 

Handwritten tabulation of selected survey results 
Results of Dallas Bar membership survey 
State Bar of Texas membership survey 
Notes by Dr. Champagne of conversation with State 
Bar personnel 

Very truly yours, 

David C. Godbey Ts 

DCG/pai 

Enclosures 

co (VIA CERTIFIED MAIL RRR w/0 ENCLOSURES) 

William L. Garrett Renea Hicks 
Rolando Rios 2, Ken Oden 
Susan Finkelstein / David R. Richards 
Sherrill A. 1£i11/ J. Eugene Clements 
Gabrielle K. McDonald Darrell Smith 
E. Brice Cunningham Michael J. Wood  



HUGHES & LUCE 
2800 MOMENTUM PLACE 

1717 MAIN STREET 

  

DALLAS, TEXAS 75201 1500 FIRST STATE BANK BUILDING 

400 WEST 15TH STREET 

(214) 939-5500 AUSTIN, TEXAS 78701 

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

TELEX 730836 TELECOPIER (512) 474-4258 

Direct Dial Number 
(214) 939-5581 

September 5, 1989 

BY TELECOPY 

Ms. Susan Einhkelstein 
Texas Ryral Legal Aid, Inc. 
201 N° St. Mary's, Suite 600 
Sam Antonio, Texas 78205 

” 
~~ 

” Re: League of United Latin American Citizens (LULAC), 
et al. Vv. Jim Mattox, et al.., Civil Action 

MO 88 CA 154 

Dear Susan: 

Enclosed please find our comments on the Draft Pre-Trial 

Order. Please call me with any questions. 

on truly yours, 

David C. Godbey 

DCG/pai 

Enclosures 

CC: (VIA CERTIFIED MAIL RRR) 

William L. Garrett Renea Hicks 
Rolando Rios Ken Oden 

Susan Finkelstein , David R. Richards 
Sherrill A. IfillV J. Eugene Clements 
Gabrielle K. McDonald Darrell Smith 
E. Brice Cunningham Michael J. Wood 

 



  

JUDGE ENTZ'S MODIFICATIONS TO DRAFT PRETRIAL ORDER 

(numbers correspond to numbered paragraphs in draft Pretrial 

Order) 

Introductory paragraph -- add David C. Godbey, Bobby M. 

Rubarts and Esther R. Rosenblum as counsel for Judge Entz and 

revise identification of Judge Entz to "Defendant-Intervenor 

Judge F. Harold Entz." 

1. add: Defendant-Intervenor Judge Entz claims that 

Plaintiffs do not have standing to challenge the electoral 

system in Dallas County on behalf of black voters. 

q. add: In general Defendant-Intervenor Judge Entz 

claims (1) the present system of electing state district court 

judges in Dallas County does not violate section 2 of the 

Voting Rights Act or the United States Constitution because, 

among other things, the political processes relating to that 

system are equally open to blacks, who in fact have achieved 

electoral success in excess of their proportion in the pool of 

legally qualified candidates, and because electoral success in 

Dallas County judicial races depends upon nartisan affiliation 

rather than any racial factors; and (2) alternatively, if the 

current system does violate the Voting Rights Act, that act is 

unconstitutional both facially and as applied. 

5. Judge Entz does not agree that district court judges 

are elected at large from Dallas County (third proposed 

undisputed fact). 

 



  

6. (a) generally, replace each individual issue 

referring to "minority" with two issues for "black" and 

"Hispanic." 

(b) amend first contested fact issue by adding, 

"assuming that each district court is not presently a single 

member district." 

(c) add the following (unless plaintiffs agree with 

Judge Entz's position): 

Is voting in Dallas County polarized along partisan lines? 

Does racially polarized block voting in Dallas County, if 

any, in conjunction with the present system of electing judges 

from county-wide districts cause the lesser percentage of 

black judges than black voters? 

Are there significant reasons supporting the use of the 

present system of electing district court judges? 

Would alteration of the current system of venue and jury 

selection significantly disrupt the administration of justice 

in the State of Texas? 

Does the 1980 census accurately reflect the racial 

composition and distribution of populaticn in Dallas County 

either presently or during the time period pertinent to 

determining whether there is racially polarized block voting 

in Dallas County? 

Are voters in Dallas County generally unaware of the 

identity and race of judicial candidates? 

 



  

7. add the following: 

Does the Voting Rights Act apply to state district judge 

elections? If so, is it constitutional? 

If the Voting Rights Act is violated by Texas' present 

system of electing state court district judges on these facts, 

is it constitutional? 

Is section 2 of the Voting Rights Act a proper exercise 

of constitutional authority in light of the requirement of 

discriminatory intent in constitutional claims and in City of 

Mobile v. Bolden?   

Can a violation of the Voting Rights Act be established 

when there is no constitutionally permissible remedy? 

Would providing non-overlapping single member districts 

without altering judicial specialization, jury selection or 

venue be constitutional? 

Would alteration of judicial specialization, jury 

selection and venue under the authority of the Voting Rights 

Act be constitutional? 

Can a violation of the Voting Rights Act be shown when 

the challenged act or practice is not the cause of the lesser 

percentage of black judges than black voters? I1£:'80, 1s 4¢t 

constitutional? 

Can a violation of the Voting Rights Act be shown when 

electoral success depends on partisan affiliation of the 

candidate rather than the race of the candidate? If so, is it 

constitutional? 

 



  

Can a violation of the Voting Rights Act be shown in 1989 

based on 1980 census data? 

Are the current judicial districts already single member 

districts? 

Is a determination of proportional representation within 

the confines of the Voting Rights Act and/or plaintiffs’ 

constitutional claims made relative to the population as a 

whole or relative to the pool of legally qualified candidates? 

What is the applicable standard of proof required of 

plaintiffs? 

Can plaintiffs validly urge a claim for relief without 

joining as parties all state district judges in the districts 

subject to the suit? 

Do plaintiffs have standing to represent the interests of 

black voters in Dallas County? 

8. Judge Entz will provide a list of exhibits before the 

time for filing the pretrial order. 

31... add: 

No plaintiff or plaintiff-intervenor is attempting to 

establish liability on behalf of Hispanic voters in either 

Harris County or Dallas County. 

13. Judge Entz will provide his proposed findings of 

fact and conclusions of law before the time for filing the 

pretrial order. 

14. Judge Entz will provide a list of witnesses together 

with a brief statement of what their testimony will be before 

the time for filing the pretrial order. 

-d Te 

 



  

18. Judge Entz will provide a trial brief before trial. 

It may not be completed before the time for filing the 

pretrial order.