Plaintiff-Appellees' Response to Bayoud and Wood's Motions to Establish Expedited Briefing Schedule

Public Court Documents
January 29, 1990

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Plaintiff-Appellees' Response to Bayoud and Wood's Motions to Establish Expedited Briefing Schedule preview

12 pages

Includes Correspondence from Finkelstein to Clerk.

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  • Case Files, LULAC and Houston Lawyers Association v. Attorney General of Texas Hardbacks, Briefs, and Trial Transcript. Plaintiff-Appellees' Response to Bayoud and Wood's Motions to Establish Expedited Briefing Schedule, 1990. 49ea7e33-257c-f011-b4cc-6045bdffa665. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/6a044cef-94b2-4a50-8ab4-ac4208c13c00/plaintiff-appellees-response-to-bayoud-and-woods-motions-to-establish-expedited-briefing-schedule. Accessed December 24, 2025.

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LAW OFFICES OF 

TEXAS RURAL LEGAL AID. INC. 
201 NORTH ST. MARY'S ST.. SUITE 600 

SAN ANTONIO. TEXAS 78205 

(512) 222-2478 

January 29, 1990 

Gilbert F. Ganacheau, Clerk 
United States Court of Appeals 
for the Fifth Circuit 
600 Camp Street 
New Orleans, Louisiana 70130 

Re: LULAC et al v Mattox et al 
No. 90-8014 
  

Dear Mr. Ganacheau: 

I am enclosing an original and four copies of the Plaintiff- Appellees’ Response to Bayoud and Wood's Motion to Establish Expedited Briefing Schedule. Could you kindly file them at your convenience and bring them to the attention of the panel that will hear this matter? 

In addition, I am enclosing a stamped return envelope. Could you kindly mark one of the copies with your filemark and return it to me? 

In advance, thank you for your attention to this matter, 

Singerely yours, 

Susan Finkelstein 
Staff Attorney 

federal express 

xc: all counsel of record (certified) 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

LULAC, et al., 

Plaintiff-Appellees, 

NO. 90-8014 vs. 

MATTOX, et al., 

* 
% 

%* 
%*
 

* 
* 

* 
* 

* 

Defendant-Appellants. 

PLAINTIFF-APPELLEES’ RESPONSE TO BAYOUD AND WOOD'S MOTIONS 
TO ESTABLISH EXPEDITED BRIEFING SCHEDULE 

TO THE HONORABLE COURT: 

1. Defendant-appellant Bayoud and Defendant-intervenor- 

appellant Wood have requested that this Court establish an 

expedited schedule for the consideration of this appeal. 

Plaintiff-appellees oppose these requests. 

2. As this Court noted in its Order filed on January 11, 

1990, "[o]lnly if it becomes apparent that the state is unwilling 

to act with measured and appropriate speed ... should our courts 

intervene" in this important voting rights issue. Slip Opinion 

at 2. In this vein, "the Court’s order authorizes expedition of 

these consolidated appeal, should the Texas Legislature fail to 

resolve the issues on appeal." Letter of January 11, 1990 to 

Counsel from Chief Deputy Clerk Windhorst, Jr. Exhibit A. 

3. This action by the Court is totally appropriate. The 

Texas Legislature may eliminate the need for this Court’s 

intervention in this case if the legislature appropriately revamps 

 



  

® 
4 

the judicial election system in the special session due to start 

on February 27, 1990!. Out of respect for the legislature and in 

the interest of avoiding unnecessary judicial review in this 

sensitive area, this Court should not act now. 

4. Further, if the legislature acts in an inappropriate 

manner, there may be new issues for this Court to address. In the 

interests of judicial economy, it makes sense for this Court to 

resolve those potential new issues at the same time as the issues 

now pending before the Court. 

5. Alternatively, the schedule proposed by Bayoud and Wood 

is too strict. This case poses significant issues that require 

full exploration by this Court after full briefing by the parties. 

If the Court sets a briefing schedule while the Texas legislature 

is still in session, Plaintiff-appellees suggest that the Court use 

its normal rules for briefing of issues in this case. 

Respectfully submitted: 

GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

William L. Garrett 
Brenda Hull Thompson 
8300 Douglas #800 
Dallas, Texas 75225 
(214)369-1952 
LEAD COUNSEL 

  

The Governor has placed the system of electing judges on the call for this session. 

 



: 4 

  

ROLANDO L. RIOS 

ATTORNEY AT LAW 
201 N. St. Mary’s #521 
San Antonio, Texas 78205 
(512)222-2102 

SUSAN FINKELSTEIN 
STAFF ATTORNEY 
TEXAS RURAL LEGAL AID, INC. 
201 N. St. Mary's #600 
San Antonio, Texas 78205 
(512)222-2478 

  

BY: ford. 
TTORNEY FOR PLAINTIFF-APPELLEES 

CERTIFICATE OF SERVICE 
  

I, Susan Finkelstein, do hereby certify that a true and 

correct copy of Plaintiff-appellees’ Response to Bayoud and Wood's 

Motion to Establish Expedited Briefing Schedule has been mailed via 

certified mail to: 

ATTORNEY REPRESENTING 
  

  

Plaintiff - Intervenors 
  

Edward B. Cloutman, III Joan Winn White, MULLINAX, WELLS, BAAB & Jesse Oliver & Fred CLOUTMAN, P. C. Tinsley 
3301 Elm 
Dallas, TX 75226-9222 
(214)939-9222 

E. Brice Cunningham Joan Winn White, ATTORNEY AT LAW Jesse Oliver & Fred 777 S. R. L. Thornton Fwy, Tinsley 
Suite 121 
Dallas, TX 75203 
214/428-3793 

 



    

-. ape RRA la Re ¥ : di es Et ss he “ le Ml as 
Gl . WE ina : TENE tl itm FEET a 

Sherrilyn A. Ifill 
NAACP Legal Defense & Educational 

Fund, Inc. 
99 Hudson St., 16th floor 
New York, NY 10013 
212/219-1900 

    

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB 
301 Congress Ave., Suite 2050 
Austin, TX 78701 
512/320-5055 

Defendants 
  

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General’s Office 
P. O. Box 12548 
Austin, TX 78711 
512/463-2085 

Defendant-Intervenors 
  

J. Eugene Clements 
E. O'Neill 
Evelyn V. Keys 
PORTER & CLEMENTS 
700 Louisiana, Suite 3500 
Houston, TX 77002-2730 
713/226-0600 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, TX 78230 
512/641-9944 

Michael J. Wood 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, TX 77002 
713/228-5105 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 
Texas Legislative 

Black Caucus 

All Defendants 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

 



  

Mark H. Dettman 
County Attorney 
P. O. Box 2559 
Midland, TX 79702 
915/688-1084 

Ken Oden 
Travis County Attorney 
P. O. Box 1748 
Austin, TX 78767 
512/473-9415 

David R. Richards 
Special Counsel 
600 Ww. 7th st. 
Austin, TX 78701 

Robert H. Mow, Jr. 
HUGHES & LUCE 
2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201 
214/939-5500 

Seagal V. Wheatley 
Oppenheimer, Rosenberg, Kelleher 
& Wheatley, Inc. 
711 Navarro, 6th Floor 
San Antonio, Texas 78205 
512-224-2000 
FAX 512-224-7540 

John 1... Hill, Jr. 
Liddell, Sapp, Zivley, Hill & LaBoon 
Texas Commerce Tower 
Houston, Texas 77002 
713-226-1200 
FAX 713-223-3717 

Midland County & 
District Judges 

Travis County District 
Judges 

Travis County District 
Judges 

Judge Harold Entz 
of Dallas County 

Bexar County District 
Judges 

George Bayoud 

Tom Rugg Jefferson County Assistant District Attorney District Judges Jefferson County Courthouse 
Beaumont, Texas 77701 

each at the correct address on this 29th day of January, 1990. 

  / ATTORNEY FOR PLAINTIFF-APPELLEES 

 



  

(J » 
LAW OFFICES OF 

TEXAS RURAL LEGAL AID. INC. 
201 NORTH ST. MARY'S ST.. SUITE 600 

SAN ANTONIO, TEXAS 78205 

(512) 222-2478 

| 

| [REC 

January 29, 1990 
YY —— 

{ Bi 

Gilbert F. Ganacheau, Clerk tes WE United States Court of Appeals 
for the Fifth Circuit 
600 Camp Street 
New Orleans, Louisiana 70130 

Re: LULAC et al v Mattox et al 
No. 90-8014 
  

Dear Mr. Ganacheau: 

I am enclosing an original and four copies of the Plaintiff- Appellees’ Response to Bayoud and Wood’s Motion to Establish Expedited Briefing Schedule. Could you kindly file them at your convenience and bring them to the attention of the panel that will hear this matter? 

In addition, I am enclosing a stamped return envelope. Could you kindly mark one of the copies with your filemark and return it to me? 

In advance, thank you for your attention to this matter, 

Singerely yours, 

Susan Finkelstein 
Staff Attorney 

federal express 

xc: all counsel of record (certified) 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

LULAC, et al., 

Plaintiff-Appellees, 

NO. 90-8014 vs. 

MATTOX, et al., 

* 
* 

% 
% 

¥ 
% 

* 
* 

* 

Defendant-Appellants. 

PLAINTIFF-APPELLEES’ RESPONSE TO BAYOUD AND WOOD'S MOTIONS 
TO ESTABLISH EXPEDITED BRIEFING SCHEDULE 

TO THE HONORABLE COURT: 

1. Defendant-appellant Bayoud and Defendant-intervenor- 

appellant Wood have requested that this Court establish an 

expedited schedule for the consideration of this appeal. 

Plaintiff-appellees oppose these requests. 

2. As this Court noted in its Order filed on January 11, 

1990, "[o]nly if it becomes apparent that the state is unwilling 

to act with measured and appropriate speed ... should our courts 

intervene" in this important voting rights issue. Slip Opinion 

at 2. In this vein, "the Court’s order authorizes expedition of 

these consolidated appeal, should the Texas Legislature fail to 

resolve the issues on appeal." Letter of January 11, 1990 to 

Counsel from Chief Deputy Clerk Windhorst, Jr. Exhibit A. 

3. This action by the Court is totally appropriate. The 

Texas Legislature may eliminate the need for this Court’s 

intervention in this case if the legislature appropriately revamps 

 



    

he judicial election system in the special session due to start 

on February 27, 1990'. Out of respect for the legislature and in 

the interest of avoiding unnecessary judicial review in this 

sensitive area, this Court should not act now. 

4. Further, if the legislature acts in an inappropriate 

manner, there may be new issues for this Court to address. In the 

interests of judicial economy, it makes sense for this Court to 

resolve those potential new issues at the same time as the issues 

now pending before the Court. 

5. Alternatively, the schedule proposed by Bayoud and Wood 

is too strict. This case poses significant issues that require 

full exploration by this Court after full briefing by the parties. 

If the Court sets a briefing schedule while the Texas legislature 

is still in session, Plaintiff-appellees suggest that the Court use 

its normal rules for briefing of issues in this case. 

Respectfully submitted: 

GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

William L. Garrett 
Brenda Hull Thompson 
8300 Douglas #800 
Dallas, Texas 75225 
(214)369-1952 
LEAD COUNSEL 

  

The Governor has placed the system of electing judges on the 
call for this session. 

 



® 

ROLANDO L. RIOS 

ATTORNEY AT LAW 

201 N. St. Mary's #521 

San Antonio, Texas 78205 
(512)222-2102 

SUSAN FINKELSTEIN 

STAFF ATTORNEY 

TEXAS RURAL LEGAL AID, INC. 

201 N. St. Mary's #600 
San Antonio, Texas 78205 
(512)222-2478 

/ £ 

ATTORNEY FOR PLAINTIFF-APPELLEES 

CERTIFICATE OF SERVICE 

  

  

I, Susan Finkelstein, do hereby certify that a true and 

correct copy of Plaintiff-appellees’ Response to Bayoud and Wood's 

Motion to Establish Expedited Briefing Schedule has been mailed via 

certified mail to: 

ATTORNEY REPRESENTING 
  

  

Plaintiff - Intervenors 

Edward B. Cloutman, III Joan Winn White, 
MULLINAX, WELLS, BAAB & Jesse Oliver & Fred 
CLOUTMAN, P. C. Tinsley 

3301 Elm 
Dallas, TX 75226-9222 
(214)939-9222 

E. Brice Cunningham Joan Winn White, 
ATTORNEY AT LAW Jesse Oliver & Fred 
777 S. R. L. Thornton Fwy, Tinsley 
Suite 121 
Dallas, TX 75203 
214/428-3793  



    

   
NAACP Legal Defense & Educational 

Fund, Inc. 
99 Hudson St., 16th floor 
New York, NY 10013 
212/219-1900 

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB 
301 Congress Ave., Suite 2050 
Austin, TX 78701 
512/320-5055 

Defendants 
  

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General's Office 
P. O. Box 12548 
Austin, TX 78711 
512/463-2085 

Defendant-Intervenors 
  

J. Eugene Clements 
E. O'Neill 
Evelyn V. Keys 
PORTER & CLEMENTS 

700 Louisiana, Suite 3500 
Houston, TX 77002-2730 
713/226-0600 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, TX 78230 
512/641-9944 

Michael J. Wood 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, TX 77002 
713/228-5105 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 
Texas Legislative 

Black Caucus 

All Defendants 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

 



Mark H. Dettman Midland County & 
County Attorney District Judges 
P. O. Box 2559 
Midland, TX 79702 
915/688-1084 

Ken Oden Travis County District 
Travis County Attorney Judges 
P. O. Box 1748 
Austin, TX 78767 
512/473-9415 

David R. Richards Travis County District 
Special Counsel Judges 
600 W. 7th St. 
Austin, TX 78701 

Robert H. Mow, Jr. Judge Harold Entz 
HUGHES & LUCE of Dallas County 
2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201 
214/939-5500 

Seagal V. Wheatley Bexar County District 
Oppenheimer, Rosenberg, Kelleher Judges 
& Wheatley, Inc. 
711 Navarro, 6th Floor 
San Antonio, Texas 78205 
512-224-2000 
FAX 512-224-7540 

John L. Hill, Jr. George Bayoud 
Liddell, Sapp, Zivley, Hill & LaBoon 
Texas Commerce Tower 
Houston, Texas 77002 
713-226-1200 
FAX 713-223-3717 

Tom Rugg Jefferson County 
Assistant District Attorney District Judges 
Jefferson County Courthouse 
Beaumont, Texas 77701 

each at the correct address on this 29th day of January, 1990. 

Sf ATTORNEY FOR PLAINTIFF-APPELLEES

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