State Defendants' Response to Motion to Intervene by Judges Rickhoff, Reed, Specia, Harle, Macrae, and Peden

Public Court Documents
December 28, 1989

State Defendants' Response to Motion to Intervene by Judges Rickhoff, Reed, Specia, Harle, Macrae, and Peden preview

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  • Case Files, LULAC and Houston Lawyers Association v. Attorney General of Texas Hardbacks, Briefs, and Trial Transcript. State Defendants' Response to Motion to Intervene by Judges Rickhoff, Reed, Specia, Harle, Macrae, and Peden, 1989. 4497f899-247c-f011-b4cc-6045bdd81421. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/89033d15-96f5-4123-9375-09b9d423a8c6/state-defendants-response-to-motion-to-intervene-by-judges-rickhoff-reed-specia-harle-macrae-and-peden. Accessed November 07, 2025.

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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

MIDLAND/ODESSA DIVISION 

LULAC COUNCIL #4434, et al., 

Plaintiffs, 

Civil Action No. 

MO 88 CA 154 

VS. 

JIM MATTOX, et al., 

Defendants, C
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STATE DEFENDANTS' RESPONSE TO MOTION 
TO INTERVENE BY JUDGES RICKHOFF, REED, 

SPECIA, HARLE, MACRAE, AND PEDEN 

The State Defendants reply as follows to the motion to intervene filed 

by six state district judges sitting in Bexar County ("Bexar County judge- 

intervenors"): 

Without conceding the validity of the assertions made in the 

intervention motion and supporting documents, the State Defendants do 

not oppose the motion insofar as the Bexar County judge-intervenors seek 

to intervene in their individual, or personal, capacities. In its rulings 

concerning the attempted intervention of thirteen Travis County judges, 

this Court has held that personal capacity intervention by sitting judges 

may be appropriate whereas official capacity intervention is not. In an 

appeal arising out of this case, the Fifth Circuit has agreed, by holding that 

sitting district judges have no legally cognizable interest in this case in 

their official capacity. See LULAC v. Clements, 884 F.2d 185, 188 (5th Cir. 

19389), 

 



  

Respectfully submitted, 

JIM MATTOX 

Attorney General of Texas 

MARY F. KELLER 
— Attorney General 

[7 VAY ya 5H and car Fo = 

RENEAHICKS NJ 
Special Assistant Attorney General 

    

JAVIER GUAJARDO 

Assistant Attorney General 

P. O. Box 12548, Capitol Station 

Austin, Texas 78711-2548 
(512) 463-2085 

ATTORNEYS FOR STATE DEFENDANTS 

CERTIFICATE OF SERVICE 

I certify that on this 28th day of December, 1989, I sent a copy of 
the foregoing document by overnight courier to each of the following: 
William L. Garrett, Garrett, Thompson & Chang, 8300 Douglas. Suite 800, 
Dallas, Texas 75225; Rolando Rios, Southwest Voter Registration & 
Education Project, 201 N. St. Mary's, Suite 521, San Antonio, Texas 78205: 
Sherrilyn A. Ifill, NAACP Legal Defense and Educational Fund, Inc., 99 
Hudson Street, 16th Floor, New York, New York 10013: Gabrielle K. 
McDonald, 301 Congress Avenue, Suite 2050, Austin, Texas 78701: Edward 
B. Cloutman, III, Mullinax, Wells, Baab & Cloutman, P.C., 3301 Elm Street. 
Dallas, Texas 75226-1637; J. Eugene Clements, Porter & Clements, 700 
Louisiana, Suite 3500, Houston, Texas 77002-2730: Robert H. Mow, Jr., 
Hughes & Luce, 2800 Momentum Place, 1717 Main Street, Dallas, Texas 
75201; and Seagal V. Wheatley, Oppenheimer, Rosenberg, Kelleher & 
Wheatley, Inc., 711 Navarro, Sixth Flo Antonio, Texas 78205. 

New hick 
    

   
  

Renea Hicks 

 



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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND/ODESSA DIVISION 

Civil Action No. 

MO BB CA 154 

SE TO MOTION 

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Respectfully submitted, 

JIM MATTOX 

Attorney General of Texas 

MARY F. KELLER 
First -Agsistant Attorney General 

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