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TRLA-SAN_ANTONIO TEL No.2229408    
IN THE UNITED STATES COURT OF APPEAIY S CURT OF APPEALS FOR THE FIFTH CIRCUIT ILED 

Co ne gi JAN 11 1890 

LRN, SR CLER 
LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 

COUNCIL NO. 4434, 

> Plaintiffs-Appallees, 

vs, 

WILLIAM P. CLEMENTS, ETC., ET AL., 

Dafendants, 

JIM MATTOX, 

Defendants-Appellants. 

Appeals from the United States District Court for the 
Northern District of Texas 

Before GEL, DAVIS and JONES, Circuit Judges. 

PER CURIAM: 

IT IS ORDERED that appellants’ motions for stay pending 

appeal are GRANTED. We do so in order that the State of Texas 

may be allowed a reasonable opportunity to addrese the problem 

Presented by the holding of the district court entered November 

8, 1989, that tlhe state system of selecting judges is invalid a= 

violating Section 2 of the Voting Rights Act, Sge Chisom v. 

Roemer, 853 F.2d 1186 (5th cir. 1988), 

That helding, if sustains on appeal, will require an 

organic and wholesale review and reconstitution of the Texas 

judicial selection system, a task which should be addressed and 

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TELA-SAN_ANTONIO 

  

IN THE UNITED STATES COURT OF AFPEALS 

  

  

FOR THE FIFTH CIRCUIT U.S. CLURT OF APPFALS 
LED 

No. 80-9003 JAN 11 1330 

— X arm GILBERT F. GANUCHEAU 
CLERK 

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 
COUNCIL No. 4434, ET AL., 

- Plaintiffs-Respondents, 

versus 

WILLIAM DP. CLEMENTS, COVERNOR OF THE STATE 
OF TFXAS, ET AL., 

Dafendants, 

JUDGE SHAROLYN wOOD, B1'C., 

Defendant-Petitioner. 

 - A ww = 

On Application for Leave to Appeal 
from an Interlocutory Order 

lt ph Am as == 

Before GEE, DAVIS and JONES, Circuit Judges 

BY THE COURT: 

IT IS ORDERED that lcave to appeal from the interlocutory 

order of the United States District Court for the Western District 

of Texas entered on January 2, 1990, is (ARAN TED. 

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carried out by the atate’s elected representatives, rather than 

by the federal courts. Only if it becomes apparent that the 

state is unwilling to act with measured and appropriate speed in 

this regard should our courts intervene. When the State has had 

a reasonable period within which to address the problem presented 

in a special session of the Legislature, the Court will entertain 

a motion to dissolve. That has not yet ocurred: when it does, 

ve will be amenable to a motion to dissolve the stay which we 

enter today. In the meantime, on our own motion, we EXPEDITE and 

consul inte the appeale from the district court’c orders of 

November 8, 1989, and January 2, 1990.1 

It is further ORDERED that the motion of appellant Judge 

Sharolyn Wood, etc., for leave to consolidate this appeal with 

case number 89-6226 is DENIED. Tnatend, on its own motion the 

court consolidates this appeal with case number 90-9003, 

rt is further ORDERED that the motion of appellee Jin 

Mattox, etc.,, for leave to strike the notice of designation of 

independent counsel and the emergency application for stay filed 

on behalf of George S. Bayoud, Jr. is DENIED. 

  

) rhis appeal being founded on 28 U.S.C. §§ 1292(a)(1) and 
1282 (hb), we need not concern ourselves about the motion pending 

before the trial court (denominated a "Rule 59(e)" motion in 

certain of the filings) to modify that court’s interlocutory 

injunctive order. Rule 59(e) has no application to interlocutory 

orders, and the notice of appeal vests jurisdiction over this 

order in our court. See Coastal Corp. Vv. Texas Eastern Corp., 

869 F.2d 817 (5th Cir. 1989).  



    

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U.8. CLURT OF APPEALS $ : IN THE UNITED STATES COURT oF arrears FILED FOR THE FIFTH CIRCUIT i od JAN 17 1390 
NO, 90-8014 GILBERT, F. GANUCHEAU Lr rt AR SN 

CLERK 
LEAGUE OF UNITED LATIN AMERICAN CITIZENS COUNCIL NO. 4434, 

f 

Plaintiffs-Bppellees, 
vs, | 

WILLIAM P. CLEMENTS, ETC., ET aAL., 
Defendants, 

JIM MATTOX 
: 

Detendants-Appellantsg, 
and 

HARRIS COUNTY DISTRICT JUDGE SHAROLYN WOOD, : ; Intervenor-Defendant~Appel lant. 
THA 4 wa ———— 

Appeale from the United states Distriet Court for the Northern District of Texas 

Wh deer Yup ie se mi or i ee 

Before GEE, DAVIS and JONES, Circuit Judges. 
PER CURIAM: 

It is ORDERED that Motion for Leave to File Brief of Ani cus 
Curiae on the Issue of Emergency Stay (27 District Judges of 
Harris County, Texas) is, hereby 

GRANTED. 

A in 
  

      A THOMAS CTYES GEE 
United States Circuit udge