Plaintiff-Intervenors' HLA Response to State Defendants' First Set of Interrogatories and First Request for Production of Documents

    National Office 

% Suite 1600 b 

NAACP LEGAL DEFENSE 99 Hudson Street 

AND EDUCATIONAL FUND, INC. New York, N.Y. 10013 (212) 219-1900 Fax: (212) 226-7592 

  

June ZF 1989 

Renea Hicks, Esq. 
Javier Guajardo, Esq. 
Attorney General’s Office 
P.O. Box 12548 

Austin, TX 78711 

Re: ILULAC, et al. Vv. Mattox, et al. 
  

Dear Counsel: 

Enclosed please find Plaintiff-Intervenors Houston Lawyers’ 
Association’s Response to State Defendants’ First Set of 
Interrogatories and First Request for Production of Documents to 
defendants in the above captioned case. All counsel of record 
have been served. 

   XIE 

for Plaintiff-Intervenors 

SAI /dm 
encls. 

LJ 

Regional Offices 

Contributions are The NAACP Legal Defense & Educational Fund, Inc. (LDF) is not part Suite 301 Suite 8% 

deductible for U.S. of the National Association for the Advancement of Colored People 1275 K Street, NW 634 S. Spring 5 get .: 
income tax purposes. (NAACP) although LDF was founded by the NAACP and shares its Washington, DC 20005 Los Aogeles © i4 

commitment to equal rights. LDF has had for over 30 years a separate (202) 682-1300 (213) 624-2405 

Board, program, staff, office and budget. Fax: (202) 682-1312 Fax: (213) £24-0075 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 
(LULAC) , 

PLAINTIFF, 

Houston Lawyers’ Association, Alice Bonner, 
Weldon Berry, Francis Williams, Rev. William 
Lawson, Deloyd T. Parker, Bennie McGinty, 

Plaintiff-Intervenors 

Vv. No. MO-88-CA-154 

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

DEFENDANTS. 

PLAINTIFF-INTERVENORS’ HOUSTON LAWYERS’ 
ASSOCIATION’S RESPONSE TO STATE DEFENDANTS’ 

FIRST SET OF INTERROGATORIES AND FIRST 
REQUEST FOR PRODUCTION OF DOCUMENTS 
  

Plaintiff-intervenors Houston Lawyers’ Association, et al., 

through undersigned counsel, submit the following responses to 

State Defendants’ First Set of Interrogatories and First Request 

for Production of Documents. In accordance with Rule 26 (e) of 

the Federal Rules of Civil Procedure, plaintiff-intervenors will 

supplement their responses as further relevant information 

becomes available. 

 



  

  

INTERROGATORIES 

Interrogatory No. 1: 
  

Identify every electoral contest which you have requested 

your expert witness to analyze for purposes of this litigation. 

Provide the candidate, year of election, and office sought in 

connection with your answer. 

Response to Interrogatory No. 1: 
  

Plaintiff-intervenors’ expert, Dr. Richard Engstrom, will 

analyze for purposes of this litigation, general elections for 

countywide judicial offices in Harris County from 1980 through 

1988. Dr. Engstrom will focus only on those elections in which a 

Black candidate ran in a contested election against a white 

candidate. See Thornburg v. Gingles, 92 L.Ed 25 (1986).   

Specifically, Dr. Engstrom’s analysis includes, but may not 

be limited to the following electoral contests: 

1988 

Bonnie Fitch - 152nd Civ. Dist. Court 

Sheila Jackson Lee ——— 295th Civ. Dist. Court 

Matthew Plummer -— 133rd Civ. Dist. Court 

Weldon Berry -— 80th Civ. Dist. Court 

Beverly Spencer -—— 333r4d Civ. Dist. Court 

Freddie Jackson - 215th Civ. Dist. Court 

 



Carl Walker Jr. 

Carolyn D. Hobson 

Matthew Plummer Sr. 

Bonnie Fitch 

Raymond Fisher 

Weldon Berry 

Francis Williams 

Sheila Jackson Lee 

Mamie Proctor 

Cheryl E. Irvin 

Weldon Berry 

Carolyn Day Hobson 

Freddie Jackson 

Sheila Jackson Lee 

John James 

James Muldrow 

John Peavey 

Thomas Routt 

Clark Gable Ward 

185th State Crin. Court 

County Civil Court 3 

133rd State Civil Court 

County Crim. 

County Crim. 

Court 13 

Court 14 

281st State Civil Court 

County Crim. Court 4 

Probate Court 4 

245 State Family Court 

County Crim. Court 3 

80th State Dist. Court 

County Civil Court at 

Law 3 

178th State 

215th State 

262nd State 

County Crim. 

246th State 

208th State 

281st State 

Dist. Court 

Dist. Court 

Dist. Court 

Court 6 

Dist. Court 

Dist. Court 

Dist. Court  



  

Alice Bonner me 80th State Dist. Court 

James Muldrow -—— County Crim. Court 6 

Interrogatory No. 2: 
  

Which of the Zimmer factors do you contend are present and 

support your claim of Section 2 violation? 

Response to Interrogatory No. 2: 
  

Plaintiff-intervenors have not completed their investigation 

of the existence of all Zimmer factors in Harris County, Texas. 

When plaintiff-intervenors have completed this investigation, 

defendants will be informed of the Zimmer factors present, in 

accordance with Fed.R.Civ.P. 26(e). 

Interrogatory No. 3: 
  

Do you contend that any aspect of the current Texas law 

governing voting registration operates to disadvantage minority 

voters? If so, describe precisely all such statutory provisions 

and/or practices which you assert so operate. 

Response to Interrogatory No. 3: 
  

Plaintiff-intervenors are not aware at this time of aspects 

of the current Texas law governing voting registration which may 

operate to disadvantage minority voters. If plaintiffs determine 

 



    

  

that aspects of the current law disadvantage minority voters, 

defendants will be informed in accordance with Fed.R.Civ.P. 

26 (e). 

Interrogatory No. 4: 
  

Do you contend that the state policy underlying use of the 

countywide election for district judges is tenuous? If so, 

please provide the historical, political, and legal basis for 

such claim. 

Response to Interrogatory No. 4: 
  

Plaintiff-intervenors continue to await defendant’s 

articulation of a non-tenous rationale or state policy underlying 

the use of countywide elections for district judge in Texas. When 

defendants have articulated the non-tenous rationale or policy 

for the adoption and maintenance of this method of electing 

district judges, plaintiff-intervenors will respond more 

specifically to this interrogatory, in accordance with 

Fed.R.Civ.P. 26(e). 

Interrogatory No. 5: 
  

To the extent that you claim that there is a history of 

“official discrimination” that touches the right of minority 

group member to register, to vote, or otherwise participate in 

the democratic process, please describe such discrimination and 

 



  

list all such “official discrimination” and the year or years in 

which such discriminatory practices were in effect. 

Response to Interrogatory No. 5: 
  

Texas’ history of official discrimination, touching on the 

right of minorities to vote and otherwise participate in the 

electoral process is well documented in a line of cases spanning 

fifty years, and has been judicially noticed. See e.q., LULAC v. 
  

Midland Independent School District, 648 F.Supp. 596 (W.D. Tex.   

1986) (J. Bunton), aff’d, 812 F.2d 1494 (5th Cir. 1987). See 

also, Campos v. City of Baytown, 840 F.2d 1240 (5th Cir. 1088);   

Upham v. Seamon, 456 U.S. 37 (1982); White v. Regester, 412 U.S.   

  

755. (1973): Smith v. Allwright, 321 U.S. 649 (1944). Defendants   

may also examine Tex. Civ. Code Ann., Art. 2959, which required 

that a poll tax be collected from all persons of voting age as a 

prerequisite to voting, as well as other statutes, available for 

inspection in public libraries and libraries throughout the State 

of Texas, which amply document Texas’ history of offical 

discrimination. 

Interrogatory No. 6: 
  

To the extent that you claim that there is in existence a 

candidate slating process, which has denied minority group 

members access to the process, list the name and/or identifying 

description of each such slating group and the years in which it 

has functioned. 

 



  

Response to Interrogatory No. 6: 
  

Plaintiff-intervenors are currently investigating whether a 

candidate slating process exists in Harris County, which has 

denied access to minority group members. Plaintiff-intervenors 

will share the results of this investigation with defendants, in 

accordance with Fed.R.Civ.P. 26 (e). 

Interrogatory No. 7: 
  

To the extent you claim that political campaigns have been 

characterized by overt or subtle racial appeals, 1list every 

election campaign in which you so contend and the candidates or 

candidate supporters guilty of utilizing such appeals. 

Response to Interrogatory No. 7: 
  

Plaintiff-intervenors are currently investigating the use of 

overt or subtle racial appeals in electoral contests in Harris 

County. Plaintife-intervenors will share the results of this 

investigation with defendants, in accordance with Fed.R.Civ.P 

26(e). 

Interrogatory No. 8: 
  

Identify every minority candidate for district judge in 

Harris County. 

 



Response to Interrogato No. 8: 

Plaintiff-intervenors object to Interrogatory No.8 on the 

grounds that it is framed with insufficient clarity to permit an 

answer. Defendants have provided no time frame for this request. 

Plaintiff-intervenors have identified Black judicial candidates 

in contested elections in Harris County from 1980 through 1988 in 

response to Interrogatory No. 1. 

Interrogatory No. 9:[to all non-HLA plaintiff-intervenors]   

Please identify by street address and voting precinct your 

residence. 

Response to Interrogatory No. 
  

Rev. Bill Lawson Mr. Deloyd 71. Parker, Jr. 
3857 Rosedale 3619 1/2 S. McGregor 
Houston, Texas 77004 Houston, Texas 77021 

Ms. Bennie L. McGinty 
7111 Kings Drive 

Baytown, Texas 77521 

Voting precints of these plaintiffs will provided to defendants 

shortly in accordance with Fed.R.Civ.P. 26 (e). 

Interrogatory No. 10: 
  

Please identify the voting precinct of the resident of each  



  

    

of your members. (The identity of your individual members is not 

sought through this interrogatory.) 

Response to Interrogatory No. 10: 
  

Plaintiff-intervenors object to Interrogatory No. 10 on the 

grounds that the information sought, despite defendants 

disclaimer, attempts to obtain the identity of all HLA members. 

Furthermore, the HLA is a professional organization of Black 

attorneys in Harris County. As such, the HLA does not insist 

that members provide residential addresses; in most cases, 

business addresses are used to contact members. 

Interrogatory No. 11: 
  

If you claim to represent the interests of Mexican-American 

voters in this lawsuit, please specify the factual basis for the 

claim. 

Response to Interrogatory No. 11: 
  

Plaintiff-intervenors do not claim to represent the 

interests of Mexican-American voters in this lawsuit. 

Interrogatory No. 12: 
  

Please identify each of the persons, other than already- 

identified expert witnesses, that you expect to call as a witness 

at the trial of this action, specifying the subject matter upon 

 



  

which each is expected to testify and the substance of the facts 

of which each has knowledge as they pertain to the allegations 

and claims against the State Defendants. 

Response to Interrogatory No. 12: 
  

Plaintiff-intervenors have not yet determined who will be 

called to testify at trial, besides Dr. Richard Engstrom. 

Defendants will be provided with plaintiff-intervenors "will call 

and may call” witness list at the appropriate time prior to 

trial. 

  

Interrogatory No. 13: [to plaintiff-intervenors Bonner, Berry & 

Williams] 

Please identify the organizations which endorsed you in your 

race or races for district judgeship in Harris County. 

Response to Interrogatory No.13: 
  

This information is currently being compiled and will be 

provided to defendants shortly, in accordance with Fed.R.Civ.P. 

26 (e). 

Interrogatory No. 14: 
  

Please explain why your charter to operate in Texas was 

forfeited in 1968. 

Response to Interrogatory No. 14: 
  

10 

 



  

The Houston Lawyers’ Association lacked to the necessary 

funds to maintain a charter to operate in 1968. 

Interrogatory No. 15: 
  

Please explain whether your current purpose differs in any 

respect from the purposes enumerated in your 1965 Articles of 

Incorporation and, if so, how. 

Response to Interrogatory No. 15: 
  

The Houston Lawyers’ Assocition current purpose does not 

differ from the purposes enumerated in the 1965 Articles of 

Incorporation. 

REQUEST FOR PRODUCTION OF DOCUMENTS 
  

Request No. 1: 
  

Please provide a copy of all computer printouts and 

summaries of them, including preliminary or non-final ones, which 

any of your experts have reviewed or relied upon in connection 

with either of the following matters: (a) voter behavior, 

including matters of racially polarized voting; and (b) 

geographical compactness of an identifiable racial or ethnic 

group or groups. 

Response to Request No. 1: 
  

11 

 



  

Please see the attached ethnic data precinct estimates made 

available by Dr. Richard Murray of the University of Houston, 

Political Science Department. Election returns are public 

records available at the Secretary of State’s Offices or at the 

Harris County Clerk’s Office in Houston, Texas. 

Reguest No. 2: 
  

Please provide copies of any of your by-laws, charters, or 

operational rules. 

Response to Request No. 2: 
  

Please see attached. 

12 

 



  

  

  

I, Sherrilyn A. Ifill, attorney for plaintiff-intervenors 

Houston Lawyers’ Association, et al., declare that the foregoing 

is true and correct under penalty of perjury. 

JULIUS L//CHAMBERS U 
SHERRIL A. IFILL 

NAACP Legal Defense & Educational 
Fund, Inc. 
99 Hudson Street, 16th Floor 

New York, N.Y. 10013 
(212) 219-1900 

  

Of Counsel: GABRIELLE K. McDONALD 
Matthews & Branscomb 301 Congress Avenue, Suite 2050 
A Professional Corporation Austin, Texas 78701 

(512) 320-5055 

Attorneys for Plaintiff-Intervenors 
Houston Lawyers’ Association, 
et al. 

Dated: June 24, 1989 

13 

 



  

CERTIFICATE OF SERVICE 

I hereby certify that on this xn day of June, 1989, a true 

and correct copy of tlie foregoing Plaintiff-Intervenors Houston 

Lawyers’ Association’s Response to State Defendants’ First Set of 

Interrogatories and First Request for Production of Documents was 

mailed by Federal Express to: 

Renea Hicks, Esq., et al. 
Attorney General’s Office 
Supreme Court Building, 7th Floor 
1401 Colorado 
Austin, TX 78701 

and to other counsel of record in this case by first class United 

States mail, postage pre-paid, as follows: 

William L. Garrett J. Eugene Clements, Esq., et al. 
Brenda Hull Thompson Porter & Clements 
Garrett, Thompson & Chang 700 Louisiana, Suite 3500 
8300 Douglas, Suite 800 Houston, TX 77002-2730 
Dallas, TX 75225 

Michael J. Wood, Esq. 
Rolando L. Rios 440 Louisiana, Suite 200 
Southwest Voter Registration Houston, TX 77002 

Education Project 
201 N. st. Mary’s, Suite 521 Ken Oden 
San Antonio, TX 78205 Travis County Attorney 

P.O. Box 1748 
Susan Finkelstein Austin, TX 78767 
Texas Rural Legal Aid, Inc. 
201 N. St. Mary’s, Suite 521 David R. Richards 
San Antonio, TX 78205 Special Counsel 

600 W, 7th St. 
Edward B. Cloutman, III Austin, TX 78701 
Mullinax, Wells, Baab & 

Cloutman, P.C. Robert H. Mow, Jr. 
3301 Elm Hughes & Luce 
Dallas, TX 75226-9222 2800 Momentum Place 

1717 Main Street 

Dallas, TX 75201 

  

7 hy TELLY] 
Attor for Plaintiff-Intervenors 
Houston Lawyers’ Association 

 



  

1. 

BY-LAWS 

OF 

THE HOUSTON LAWYERS ASSOCIATION 

THE BOARD 

A. BOARD OF DIRECTORS AS GOVERNING BODY. The Association 
shall be governed by a Board of Directors of thirteen 
(13) members. 

  

COMPOSITION AND TERM OF OFFICE. The twelve members of 
the Board shall consists of three classes, two classes of 
three members each and one class of six members. The 
first class shall serve for two years, the second class 
for two alternate years, and the third class for one year 
from the effective date of election. Three members shall 
be elected to the Board by the Association each year to 
serve two years and to supply the places of the class 
retiring. Additionally, Association officers whom 
constitute the third class shall be newly elected each 
annual meeting. No member of the Board excepting 
officers of the association shall be eligible for re- 
election thereto until at least one year shall have 
expired after his last term of office. 

  

The third class shall always consists of the 
Association's President, President-Elect, Secretary, 
Correspondence Secretary, Treasurer, and Parliamentarian 
as duly elected by the membership. Additionally, the 
Association's President shall serve as Chairman of the 
Board. The seventh member of this class shall be the 
immediate past president. 

ELECTION TO BOARD. Election to the Board shall be by 
ballot of the members. A plurality of votes cast shall 
be required to elect. Members not present at the annual 
election may vote by letter addressed to the secretary. 
Vacancies occurring in the Board shall be filled, until 
the next annual election, by appointment of the Chairman 
of the Board. 

  

  

  

ATTENDANCE. Any member of the Board who shall absent 
himself or herself from three consecutive meetings 
thereof, unless he or she shall present ‘satisfactory 
excuses, shall cease to be a member thereof. He or she 
may however, be reinstated by a majority vote of the 
Board. 

  

NOMINATING COMMITTEE. In March of each year, the Board 
  

 



. ® 

  

shall appoint a nominating committee to consist of three 
members of the Association who are not members of the 
Board Once the committee has been appointed any currently 
financial member for consideration by the committee to be 
recommended to the regular membership as the member best 
qualified to serve the Association in a specific position 

  

  

up for election at the annual meeting. All nominations 
must be submitted at least three (3) weeks before the 
annual meeting. At the annual meeting such committee 
shall announce nominations for the vacancies in the Board 

to be filled at said annual meeting. 

At the annual meeting nominations may be made from the 
floor by any currently financial regular member of him or 
herself or of any other currently financial regular 
member present or not at the meeting. 

F. MANAGEMENT OF PROPERTY. Property of the Association may 
be used in accordance with the directions of the Board. 
The Board shall not incur any debt or liability, or any 
combination of debts or liabilities, exceeding the net 
assets of the Association. 

  

G. EXECUTIVE COMMITTEE. The Board shall elect annually, 
from among its members, an executive committee consisting 
of the Chairman and any other four (4) members, and any 
delegate to this committee, power to transact, when the 
Board is not in session, business not affecting the 
established policy or procedure of the association. The 
executive committee shall keep fully minutes of each of 
its meetings and report the same to the next meeting of 
the Board. 

  

H. SIGNATURE OF CONTRACTS AND FORMAL DOCUMENTS. All 

contracts and formal documents shall be signed by both 
the Chairman of the Board and Treasure. 

  

1. QUORUM. Any seven (7) members shall constitute a quorum 

at meetings of the board. 

II. OFFICERS AND COMMITTEES. 

A. OFFICERS. The officers of the Houston Lawyers 
Association shall be a President, President-Elect, 
Recording Secretary, Correspondence Secretary, Treasurer, 
and Parliamentarian. All officers shall be elected 
annually by the members of the Houston Lawyers 
Association and shall hold office until their successors 
shall have been duly elected. 

  

B. DUTIES OF PRESIDENT. 
  

1. PRESIDING OFFICER. The President, or in his or her 
  

absence the President-Elect, shall preside over all 
meetings of the Association. 

 



  

$ ® 

  

2. APPOINTING COMMITTEES. The President shall appoint 
+ all committees of the Association and of the Board 

unless it is specifically provided for otherwise in 

these bylaws. 

3. GENERAL SUPERVISION. The President shall exercise a 
general supervision over all of the affairs of the 
Association. 

  

4. EX-OFFICIO MEMBER OF COMMITTEES. The President shall 

be a member, ex-officio, of all committees, but he or 
she shall not be counted in determining a quorum. In 
the absence of the President, the President Elect 
shall serve in his or her stead. 

  

DUTIES OF THE PRESIDENT ELECT. The President Elect shall 
perform the duties of the President in the event he or 
she is absent or unable to perform his or her duties. 

  

DUTIES OF SECRETARY. The Secretary shall keep a complete 
record of all proceedings and correspondence of the 
Association, and shall perform all other duties usually 
appertaining to the office of Secretary. 

  

DUTIES OF CORRESPONDENCE SECRETARY. The Correspondence 
Secretary shall be responsible for the routing of all 
incoming correspondence to the proper officers of the 
Houston Lawyers Association. He or she shall send 
notices of meeting events by mail to members of the 
Association or Board. 

  

DUTIES OF TREASURER. The Treasurer shall keep the books 
and accounts of the Association, and shall perform any 
other duties assigned to this office, giving bond, if 

  

required by the Board. He or she shall make payments 
only for bills properly approved by the Board, and all 
checks shall bear the signature of the Treasurer. In the 
Absence or incapacity of the Treasurer, his or her power 
to sign checks may be delegated by the Board. 

DUTIES OF PARLIAMENTARIAN. The Parliamentarian shall 
serve in an advisory capacity to the Association's 
President, Chairman and its members at all Board of 
Directors, Executive Committee and regular meetings to 
insure that the conduct of the meetings is governed by 
the latest edition of ROBERT'S RULES OF ORDER, where such 
rules are not inconsistent with the By-Laws or special 
rules of this Association. the Board to one of its 

members. : 

  

 



  

H. 

® _. 

COMMITTEES. 
  

i. STANDING COMMITTEES. Standing committees of the 
  

Houston Lawyers Association shall be appointed by the 
Association's President as follows: 

ad. Budget and Finance Committee. This committee 
shall prepare an annual budget for the 
Association's activities and coordinate all 
financial planning with the Treasurer and the 
fund-raising committee. The Treasurer and 
Chairman and the fund-raising committee shall 
automatically be members of this committee. 

Issues Committee. This committee shall be 
responsible for drafting and promoting of the 
position(s) of the Association with regard to 
current events, trends or matters of interest to 
the legal and general community. 

Community Affairs Committee. This committee 
shall serve as the Association's liaison to 
Community based organizations and groups and 
coordinator of its responses to issues of current 
and long term concern to the community. 

Public Relations Committee. This committee shall 
be responsible for coordinating and generating 
media coverage of all programs and events of the 
Association. Additionally, the committee shall 
also be responsible for working with the 
Community Affairs Committee to promote 
Association programs and events in the general 
community. 

Speakers Committee. This committee shall be 
responsible for securing speakers as requested by 
the President for scheduled meetings of the 
Association. 

Judicial Oversight and Selection Committee. This 
committee shall be responsible for monitoring the 
Houston Judiciary on a regular and systematic 
basis on behalf of the Association. Addition- 
ally, during any and all judicial election(s), 
the committee shall interview judicial candidates 
and make recommendations to the Association for 
endorsements. 

 



° 
SPECIAL COMMITTEES AND TASK FORCE. Special 

committees may be appointed from time to time by the 
President or Board to consider and report to the 
Association on subjects requiring investigation. 

  

3. APPOINTMENT AND TENURE. Committee members are 
appointed to serve at the pleasure of the President. 
  

III. DIVISIONS AND SECTIONS 

A. DIVISIONS. There shall be eight (8) divisions organized 
within the Association whose structure shall be based 
upon the nature of their membership or the broad spectrum 
of interests they represent, rather than a substantive 
area of law. The divisions shall focus their activities 
upon those aspects of the practice of law which have an 
impact upon their members. The divisions shall be: 

  

Judicial 
Solo Practitioner Small Firm (Civil) 
Solo Practitioner/Small Firm (Criminal) 
Law Professors 

Law Students 

Prosecutor 

Large Firms/Corporations 
Governmental 

[J] 

4 
2 
3 
4 

5. 
6 
7 
8 

Each Division shall organize itself and elect officers at 
the regularly scheduled July meeting of the Association 
each year. 

' SECTIONS. There may be substantive law sections   
organized within the Association upon submission of a 
petition for the Board bearing the signatures of twelve 
(12) financial members of the Association. 

Each section shall organize itself and elect officers at 
the regularly scheduled July meeting of the Association 
each year. 

IV. MEMBERSHIP, ADMISSION AND VOTING. 

A. MEMBERSHIP. Membership in this Association shall be 
divided into three classes: 
  

1. Regular Members. A lawyer who's a member in good 
standing before the Bar of any state or territory of 
the United States or District of Columbia and who 
resides, practices law or is engaged in business in 
Harris County, Texas or surroundinc Countries may 
become a regular member of this Association upon 
application and approval of the Board of Directors 
and payment of the applicable membership fee. 
Associate Members. A person who has graduated from 

  

   



  

Vi. 

B. 

® ® 

an accredited law school of any state or territory of 
the United States or District of Columbia and who has 
not yet passed the Bar and who resides, practices law 
or is engaged in business in Harris County, Texas or 
surrounding Countries may become an Associate Member 
of this Association upon application and approval of 
the Board of Directors and payment of the applicable 
membership fee. 

3. Student Members. A student matriculating at any 
accredited school of law in Harris County, Texas may 
become a Student Member of this Association upon 
application and approval of the Board of Directors 
and payment applicable membership fee. Membership in 
this Association shall not be restricted by reason of 
race, creed, color, sex, religion or national origin. 

  

VOTING. Voting privileges will be limited to regular 
members only. 

MEETINGS OF ASSOCIATION - - QUORUM 
  

A. 

D. 

GENERAL MEETINGS. The general meetings of the 
Association for transaction of the general business of 
the Association, shall be held on the second Tuesday of 
each month. 

  

ANNUAL MEETING. The annual meeting of the Association at 
which members of the Board of Directors and officers, 
except President,are to be elected shall be the second 
Tuesday in May. 

  

SPECIAL MEETING. Special meeting of the Association may 
be called at any time by the President or in his or her 
absence by the President-Elect or Secretary, on the 
written request of not less than twenty-five (25) percent 
of the regular members of the Association. Five (5) 
business days' notice by mail of any special meeting must 
be given to all regular members of the Association, and 

the notice must state the subject of the meeting and is 
limited to said subject. 

  

QUORUM. Twenty-five (25) percent of each regular members 
shall constitute a quorum at meetings of the Association. 

MEETINGS OF THE BOARD -- QUORUM 

As 

B. 

REGULAR MEETINGS. The regular meeting of the Board shall 
be held on the first Monday of every month. 
  

SPECIAL MEETINGS. The Chairman may call a special 
  

meeting of the Board at any time, and a special meeting 
must be called on the written request of any five members 
of the Board. 

 



  

Vil. 

. ® 

Cle QUORUM. Five members shall constitute a quorum at 

meetings of the Board. 

AMENDMENTS. 

These By-laws may be amended by the affirmative vote of 
two-thirds of the regular members of the Association at any 
regular or special meeting, provided notice of such amendment 
or amendments and the nature thereof, shall be given to the 
members of the Association at least thirty (30) days prior to 
the date of the meeting at which said amendment or amendments 
to the BY-LAWS shall be binding on all members. 

  

Members not present at such meeting may vote by letter 
addressed to the Secretary. 

These BY-LAWS shall go into effect and become law immediately 
upon adjournment of the meeting at which they are adopted. 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 
(LULAC) , 

PLAINTIFF, 

Houston Lawyers’ Association, Alice Bonner, 
Weldon Berry, Francis Williams, Rev. William 
Lawson, Deloyd T. Parker, Bennie McGinty, 

Plaintiff-Intervenors 

Ve. No. MO-88-~CA-154 

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

DEFENDANTS. 

PLAINTIFF-INTERVENORS’ HOUSTON LAWYERS’ 
ASSOCIATION’S RESPONSE TO STATE DEFENDANTS’ 

FIRST SET OF INTERROGATORIES AND FIRST 
REQUEST FOR PRODUCTION OF DOCUMENTS 
  

Plaintiff-intervenors Houston Lawyers’ Association, et al., 

through undersigned counsel, submit the following responses to 

State Defendants’ First Set of Interrogatories and First Request 

for Production of Documents. In accordance with Rule 26 (e) of 

the Federal Rules of Civil Procedure, plaintiff-intervenors will 

supplement their responses as further relevant information 

becomes available. 

 



  

INTERROGATORIES 

Interrogatory No. 1: 
  

Identify every electoral contest which you have requested 

your expert witness to analyze for purposes of this litigation. 

Provide the candidate, year of election, and office sought in 

connection with your answer. 

Response to Interrogatory No. 1: 
  

Plaintiff-intervenors’ expert, Dr. Richard Engstrom, will 

analyze for purposes of this litigation, general elections for 

countywide judicial offices in Harris County from 1980 through 

1988. Dr. Engstrom will focus only on those elections in which a 

Black candidate ran in a contested election against a white 

candidate. See Thornburg v. Gingles, 92 L.Ed 25 (1986).   

Specifically, Dr. Engstrom’s analysis includes, but may not 

be limited to the following electoral contests: 

  

1988 

Bonnie Fitch — 152nd Civ. Dist. Court 

Sheila Jackson Lee - 295th Civ. Dist. Court 

Matthew Plummer -— 133rd Civ. Dist. Court 

Weldon Berry —-—— 80th Civ. Dist. Court 

Beverly Spencer -— 333x4d Civ. Dist. Court 

Freddie Jackson —— 215th Civ, Dist. Court 

 



Carl Walker Jr. 

Carolyn D. Hobson 

Matthew Plummer Sr. 

Bonnie Fitch 

Raymond Fisher 

Weldon Berry 

Francis Williams 

Sheila Jackson Lee 

Mamie Proctor 

Cheryl E. Irvin 

Weldon Berry 

Carolyn Day Hobson 

Freddie Jackson 

Sheila Jackson Lee 

John James 

James Muldrow 

John Peavey 

Thomas Routt 

Clark Gable Ward 

185th State Crim. Court 

County Civil Court 3 

133rd State Civil Court 

County Crim. 

County Crim. 

Court 13 

Court 14 

281st State Civil Court 

County Crim. Court 4 

Probate Court 4 

245 State Family Court 

County Crim. Court 3 

80th State Dist. Court 

County Civil Court at 

Law 3 

178th State 

215th State 

262nd State 

County Crim. 

246th State 

208th State 

281st State 

Dist. Court 

Dist. Court 

Dist. Court 

Court 6 

Dist. Court 

Dist. Court 

Dist. Court  



Alice Bonner 80th State Dist. Court 

James Muldrow County Crim. Court 6 

Interrogatory No. 2: 
  

LJ 

Which of the Zimmer factors do you contend are present and 

support your claim of Section 2 violation? 

Response to Interrogatory No. 2: 
  

Plaintiff-intervenors have not completed their investigation 

of the existence of all Zimmer factors in Harris County, Texas. 

When plaintiff-intervenors have completed this investigation, 

defendants will be informed of the Zimmer factors present, in 

accordance with Fed.R.Civ.P. 26(e). 

Interrogatory No. 3: 
  

Do you contend that any aspect of the current Texas law 

governing voting registration operates to disadvantage minority 

voters? If so, describe precisely all such statutory provisions 

and/or practices which you assert so operate. 

Response to Interrogatory No. 3: 
  

Plaintiff-intervenors are not aware at this time of aspects 

of the current Texas law governing voting registration which may 

operate to disadvantage minority voters. If plaintiffs determine  



  

“r 

that aspects of the current law disadvantage minority voters, 

defendants will be informed in accordance with Fed.R.Civ.P. 

26 (ee). 

Interrogatory No. 4: 
  

Do you contend that the state policy underlying use of the 

countywide election for district judges is tenuous? If ‘so, 

please provide the historical, political, and legal basis for 

such claim. 

Response to Interrogatory No. 4: 
  

Plaintiff-intervenors continue to await defendant’s 

articulation of a non-tenous rationale or state policy underlying 

the use of countywide elections for district judge in Texas. When 

defendants have articulated the non-tenous rationale or policy 

for the adoption and maintenance of this method of electing 

district judges, plaintiff-intervenors will respond more 

specifically to this interrogatory, in accordance with 

Fed.R.Civ.P. 26(e). 

Interrogatory No. 5: 
  

To the extent that you claim that there is a history of 

"official discrimination” that touches the right of minority 

group member to register, to vote, or otherwise participate in 

the democratic process, please describe such discrimination and 

 



  

ig 

list all such “official discrimination” and the year or years in 

which such discriminatory practices were in effect. 

Response to Interrogatory No. 5: 
  

Texas’ history of official discrimination, touching on the 

right of minorities to vote and otherwise participate in the 

electoral process is well documented in a line of cases spanning 

fifty years, and has been judicially noticed. See e.qg., LULAC v. 
  

Midland Independent School District, 648 F.Supp. 596 (W.D. Tex.   

1986) (J. Bunton), aff’d, 812 F.2d 1494 (5th Cir. 1987). See 

also, Campos v. City of Baytown, 840 F.2d 1240 (5th Cir. 1988);     

  

Upham v. Seamon, 456 U.S. 37 (1982); White v. Regester, 412 U.S. 
  

755 (1973); Smith v. Allwright, 321 U.S. 649 (1944). Defendants   

may also examine Tex. Civ. Code Ann., Art. 2959, which required 

that a poll tax be collected from all persons of voting age as a 

prerequisite to voting, as well as other statutes, available for 

inspection in public libraries and libraries throughout the State 

of Texas, which amply document Texas’ history of offical 

discrimination. 

Interrogatory No. 6: 
  

To the extent that you claim that there is in existence a 

candidate slating process, which has denied minority group 

members access to the process, list the name and/or identifying 

description of each such slating group and the years in which it 

has functioned. 

 



Te 

Response to Interrogatory No. 6: 
  

Plaintiff-intervenors are currently investigating whether a 

candidate slating process exists in Harris County, which has 

denied access to minority group members. Plaintiff-intervenors 

will share the results of this investigation with defendants, in 

[4 
accordance with Fed.R.Civ.P. 26 (e). 

Interrogatory No. 7: 
  

To the extent you claim that political campaigns have been 

characterized by overt or subtle racial appeals, list every 

election campaign in which you so contend and the candidates or 

candidate supporters guilty of utilizing such appeals. 

Response to Interrogatory No. 7: 
  

Plaintiff-intervenors are currently investigating the use of 

overt or subtle racial appeals in electoral contests in Harris 

County. Plaintiff-intervenors will share the results of this 

investigation with defendants, in accordance with Fed.R.Civ.P 

26(e). 

Interrogatory No. 8: 
  

Identify every minority candidate for district judge in 

Harris County.  



“ 

Response to Interrogatory No. 8: 
  

Plaintiff-intervenors object to Interrogatory No.8 on the 

grounds that it is framed with insufficient clarity to permit an 

answer. Defendants have provided no time frame for this request. 

Plaintiff-intervenors have identified Black judicial candidates 
’ 

in contested elections in Harris County from 1980 through 1988 in 

response to Interrogatory No. 1. 

Interrogatory No. 9:[to all non-HILA plaintiff-intervenors]   

Please identify by street address and voting precinct your 

residence. 

Response to Interrogatory No. 9: 
  

Rev. Bill Lawson Mr. Deloyd T. Parker, Jr. 
3857 Rosedale 3619 1/2 S. McGregor 
Houston, Texas 77004 Houston, Texas 77021 

Ms. Bennie L. McGinty 
7111 Kings Drive 

Baytown, Texas 77521 

Voting precints of these plaintiffs will provided to defendants 

shortly in accordance with Fed.R.Civ.P. 26 (e). 

Interrogatory No. 10: 
  

Please identify the voting precinct of the resident of each  



  

Tr 

of your members. (The identity of your individual members is not 

sought through this interrogatory.) 

Response to Interrogatory No. 10: 
  

Plaintiff-intervenors object to Interrogatory No. 10 on the 

grounds that the information sought, despite defendants 

disclaimer, attempts to obtain the identity of all HLA members. 

Furthermore, the HLA is a professional organization of Black 

attorneys in Harris County. As such, the HLA does not insist 

that members provide residential addresses; in most cases, 

business addresses are used to contact members. 

Interrogatory No. 11: 
  

If you claim to represent the interests of Mexican-American 

voters in this lawsuit, please specify the factual basis for the 

claim. 

Response to Interrogatory No. 11: 
  

Plaintiff-intervenors do not claim to represent the 

interests of Mexican-American voters in this lawsuit. 

Interrogatory No. 12: 
  

Please identify each of the persons, other than already- 

identified expert witnesses, that you expect to call as a witness 

at the trial of this action, specifying the subject matter upon 

 



  

“e 

which each is expected to testify and the substance of the facts 

of which each has knowledge as they pertain to the allegations 

and claims against the State Defendants. 

Response to Interrogatory No. 12: 
  

Plaintiff-intervenors have not yet determined who will be 

called to testify at trial, besides Dr. Richard Engstronmn. 

Defendants will be provided with plaintiff-intervenors ”will call 

and may call” witness list at the appropriate time prior to 

trial. 

  

Interrogatory No. 13: [to plaintiff-intervenors Bonner, Berry & 

Williams] 

Please identify the organizations which endorsed you in your 

race or races for district judgeship in Harris County. 

Response to Interrogatory No.13: 
  

This information is currently being compiled and will be 

provided to defendants shortly, in accordance with Fed.R.Civ.DpP. 

26(e). 

Interrogatory No. 14: 
  

Please explain why your charter to operate in Texas was 

forfeited in 1968. 

Response to Interrogatory No. 14: 
  

10 

 



  

“ 

The Houston Lawyers’ Association lacked to the necessary 

funds to maintain a charter to operate in 1968. 

Interrogatory No. 15: 
  

Please explain whether your current purpose differs in any 

respect from the purposes enumerated in your 1965 Articles of 

Incorporation and, if so, how. 

Response to Interrogatory No. 15: 
  

The Houston Lawyers’ Assocition current purpose does not 

differ from the purposes enumerated in the 1965 Articles of 

Incorporation. 

REQUEST FOR PRODUCTION OF DOCUMENTS 
  

Request No. 1: 
  

Please provide a copy of all computer printouts and 

summaries of them, including preliminary or non-final ones, which 

any of your experts have reviewed or relied upon in connection 

with either of the following matters: (a) voter behavior, 

including matters of racially polarized voting; and (b) 

geographical compactness of an identifiable racial or ethnic 

group or groups. 

Response to Request No. 1: 
  

11 

 



  

rs 

Please see the attached ethnic data precinct estimates made 

available by Dr. Richard Murray of the University of Houston, 

Political Science Department. Election returns are public 

records available at the Secretary of State’s Offices or at the 

Harris County Clerk’s Office in Houston, Texas. 

’ 

Request No. 2: 
  

Please provide copies of any of your by-laws, charters, or 

operational rules. 

Response to Request No. 2: 
  

Please see attached. 

12 

 



Te 

I, Sherrilyn A. Ifill, attorney for plaintiff-intervenors 

Houston Lawyers’ Association, et al., declare that the foregoing 

is true and correct under penalty of perjury. 

Sod A 9 
JULIUS L//CHAMBERS U 
SHERRIL A. IFILL 

NAACP Legal Defense & Educational 
Pand, ‘Inc. 

99 Hudson Street, 16th Floor 
New York, N.Y. 10013 
(212) 219-1900 

  

Of Counsel: GABRIELLE K. McDONALD 
Matthews & Branscomb 301 Congress Avenue, Suite 2050 
A Professional Corporation Austin, Texas 78701 

(512) 320-5055 

Attorneys for Plaintiff-Intervenors 
Houston Lawyers’ Association, 
et al. 

Dated: June 24, 1989 

 



  

CERTIFICATE OF SERVICE 

I hereby certify that on this Aen day of June, 1989, a true 

and correct copy of the foregoing Plaintiff-Intervenors Houston 

Lawyers’ Association’s Response to State Defendants’ First Set of 

Interrogatories and First Requgst for Production of Documents was 

mailed by Federal Express to: 

Renea Hicks, Esq., et al. 
Attorney General’s Office 
Supreme Court Building, 7th Floor 
1401 Colorado 

Austin, TX 78701 

and to other counsel of record in this case by first class United 

States mail, postage pre-paid, as follows: 

William L. Garrett 
Brenda Hull Thompson 
Garrett, Thompson & Chang 
8300 Douglas, Suite 800 
Dallas, TX 75225 

Rolando L. Rios 
Southwest Voter Registration 

Education Project 
201 N. St. Mary’s, Suite 521 
San Antonio, TX 78205 

Susan Finkelstein 
Texas Rural Legal Aid, Inc. 
201 N. St. Mary’s, Suite 521 
San Antonio, TX 78205 

Edward B. Cloutman, III 
Mullinax, Wells, Baab & 

Cloutman, P.C. 
3301 Elm 
Dallas, TX 75226-9222 

J. Eugene Clements, Esqg., et al. 
Porter & Clements 
700 Louisiana, Suite 3500 
Houston, TX 77002-2730 

Michael J. Wood, Esq. 
440 Louisiana, Suite 200 
Houston, TX 77002 

Ken Oden 
Travis County Attorney 
P.O. Box 1748 
Austin, TX 78767 

David R. Richards 
Special Counsel 
600 W. 7th St. 

Austin, TX 78701 

Robert H. Mow, Jr. 
Hughes & Luce 
2800 Momentum Place 
1717 Main Street 
Dallas, TX 75201 

- 

  

/ SherriYyn A. Ifil 
Attor for Plaintiff-Intervenors 
Houston Lawyers’ Association 

 



  

ARTICLES OF INCORPORATION 
    

HOUSTON LAWYERS ASSOCIATION 
  

We, the undersigned natural persons of the age of 

twenty-one years or more, at least two of whom are citizens of 

the State of Texas, acting as incorporators of a corporation 

under the Texas Non-Profit Corporation Act, do hereby adopt 

the following Articles of Incorporation for such corporation: 

Article One 

The name of the corporation is HOUSTON LAWYERS 

ASSOCIATION. 

Article Two 

The corporation is a non-profit corporation. 

Article Three 

The period of its duration is perpetual. 

Article Four 

The purpose or purposes for which the corporation is 

organized are: to unite attorneys and counselors at law 

practicing in and around the area of Houston, Texas, and other 

areas of the State of Texas in a professional and social 

organization dedicated to community service, intellectual and 

professional interchange, and advancement of the legal profes- 

sion generally; to foster better relationships between its 

members and other Bar groups, between its members and the 

judiciary of the State of Texas; to sponsor programs of 

continuing legal education for members of the Bar; to uphold 

 



  

and foster the honor and dignity of the legal profession; to 

preserve the independence of the judiciary; and to engage in 

all activities necessary, useful or expedient to promote and 

further the interests of law and the legal profession. 

Article Five 

The street address of the initial registered office 

of the corporation is 3340 S. MacGregor Way, Houston, Texas 

77021, and the name of its initial registered agent at such 

address is ALGENITA SCOTT DAVIS, ESQUIRE. 

Article Six 

The number of directors constituting the initial 

board of directors of the corporation is seven (7) and the 

names and addresses of the persons who are to serve as the 

initial directors are: 

  

NAME ADDRESS 

Jerry G. Bradford, Esq. 1346 Blue Diamond 
Missouri City, Texas 
77489 

Honorable Benjamin Durant 4810 Caroline 
Houston, Texas 77004 

Honorable Shelia Jackson Lee 4428 North Roseneath 

Houston, Texas 77021 

Cheryl Elliott, Esq. 3220 Louisiana, 
Suite 223 
Houston, Texas 77006 

Cynthia Gaskin Mulkey, Esq. 600 West Gray, 
Suite 126 
Houston, Texas 77019 

Honorable William J. Rice, Jr. 2100 Travis, Suite 707 
Houston, Texas 77002 

Prince Cartwright, Esq. 2208 Blodgett 
Houston, Texas 77004 

 



  

ticle Seven 

reet address of each incorporator 

ADDRESS 

3340 S. MacGregory Way 

Houston, Texas 77021 

3215 Oakmont 

Houston, Texas 77021 

2208 Blodgett 
Houston, Texas 77004 

rticle Eight 

be admitted into, or retained in, 

this corporation who is not a member 

bar of the State of Texas. Persons 

bmpleted law school may qualify as 

brship. 

OF, we have hereunto set our hands, 

,. 1983. 

  

ALGENITA SCOTT DAVIS 

  

BENJAMIN PIGOTT 

  

PRINCE CARTWRIGHT 

  

ra Notary Public, do 

ay of , 1988, 
  

ta Scott Davis, Benjamin 

ch being by me first duly 

re the persons who signed 

ors, and that the state- 

set my hand and seal the 

  

ary Public in and for 
ris, County, Texas 

Commission expires, 

 



  

* » 
Lawyer Referral Service 
Houston Bar Association 
1350 Texas Commerce Bldg ok 707 Travis Street ok Houston, TX 77002 hk (713) 237-9429 

  

June 30, 1988 

Mrs. Algenita Scott Davis 
President 
Houston Lawyers Association 
P. 0. Box 8462 
Houston, Texas 77288-8462 

Dear Mrs. Davis: 

Your letter of June 21, 1988 requested that this 
organization advise you of any objections we may have 
to your use of the name "Houston Lawyers Association" 
in the recently undertaken reincorporation of your 
organization. 

This matter has been brought before the Board of 
Trustees of the Houston Lawyer Referral Service, Inc., 
and I wish to advise you that no objection was brought 
forth to your use of the above quoted name. 

I take this opportunity to once again welcome the 
Houston Lawyers Association as a sponsor of Houston Lawyer 

Referral Service and look forward to many years of the 
continued association of our two organizations. 

Sincerely, 

   
LK:mfd 

 



  

Filed in Office of the 
Becretary off Bt of Texan 

ap ray THeORPOIATIC 65] 

ATLCIES AUCORPORATICH | The go? of 122 \ J 
. 

Dirsctor, Charter Division     
  

HOUSTO!  LAWATHS Loo CDTATION 
  

We, the undersigned natural yperions of Lhe age of Lwenly-one years 

or more, at least two of whom are citizens of tie Slateinf Texas, acling 

15 incorporators of a corporation rnder Lhe Texas Hon=Profit foo 

Act, do hereby adopt the follm 

corporation: 

name of Lhe eocpavation in DOUSTH LAIERS AsO LATICH 

corporation 

Artlele ‘thy 

period of ilu duration is perpetual, 

article rows 

The purpose or purposes for wnicn ihc corporalion is organized are: 

to unite attorneys and counselors ab law practicing ln and around tne area 

of Houston, Texas, aml olher-areas of Lhe State of Tens in a profess onal 

and social organizalion dedicabed Lo commun ity serviee, intellectual and 

PRE 
C
a
 
o
e
 

Tr
 

professional interchange, ard advancement of the legal profession generally; i 

to foster better relationships between its members amd other far groups, 

between its rembters and the judiciary of the State of Texas; Le sponsor 

programs of continuing legal cducal.lon Tor menbers of to nrhols 

and foster the honor and dig:it; 1 profession Le prased 

independence of the judiciary; ! wi Lo engage in axl activities recessary, 

useful or expedient Ln promote ant fmirther the interests of law and the 

legal profession, 

   



The street address of the inilial registered sffice of the ecorpo- 

ration is 4902 Scott, Houston, Texas 77004, and ne rame of its initial 

registered agent at such address is ArTORMINY RFIHBTH 5, TOLIXTT. 

The number of directors constituting the Lod of director; 

of the corporation iu seven (7) and Lhe name addresses nf Lhe 

who are Lo serve as the initlal direclass are 

NAVE ADDIESS 

Attorney Kenneth lle L9G Scoll, liouston, Texas 77004 

Attorney Francis L. Williams Prairie, Houston, Texas 77002 

Attorney ! Plunacr 500 SU: oat. onal 
L112 HE H wston, Te . 77002 

Attorney Huey FP. Mitchell 3004 leer, Houston, Texas T7COL 

Attorney Surrey E, Davis 2510 Lyons, Housto:n, 

Attorney Ramon A, Klituke 10513 Aatursen, Houctor, Texas 77034 

Attorney Thomas A. Routt Je Betton Bullding 
iain at Frankiln, Ho 

Article Seven 

name ard street address of cach ilncorporator re: 

NATE ADRESS 

AtLorney Kermeth 5, Tollett B90 Beall, Houston, Tegan 17004 

Attorney Francis L. Willi B Prairie, Houston, Texas 77002 

{ational Building 
jouston, Texas 77002 

Attorney HM, W., Plummer Stale | 
Hall, 

Article Eight 

No persor. shall be admitted into, or retained in, the membership 

of this corporalicn who is not a member In good standing of the Bar of 

the State of Texas.  



we have hereunls sol our vatieds, Ahn 

day of June, 1965,   
  

rman ToL Ti rT 

Rv Sins 
pil Cls Le VILLI 

on 

deat hi 

  

    
STATE OF TEXAS 

CounlY or 

  wy Publie, do hereby 

certify 

before me, Kenneth 3. Tolleit, Francis L. Hi lian, ane he W, 

who cach being by me first ly swom, severatly declared thal, Lhey aro 

the persons who signed the ‘oregoing doewnent as ineorperators, 

vhat the statements therein contained arc trac. 

IN WITNESS YHEIEOF, I have hercurnto set my hand a:d seal the day 

and rear above written,