Motion for Leave of Court to Appear Herein as Amicus Curiae; Memorandum in Support of Motion for Leave of Court to Appear Herein as Amicus Curiae; Order to File Amicus Curiae

    UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, ET AL CIVIL ACTION 

versus NO. 86-4075 

EDWIN EIAVARDS, ET AL SECTION "A" 

* * * * * * * * * * * * * * * * * * * * * 

MOTION FOR LEAVE OF COURT TO 
APPEAR HEREIN AS AMICUS CURIAE  

NOW INTO COURT comes Walter F. Marcus, Jr., appearing herein through his 

undersigned counsel, who requests leave to appear herein as amicus curiae- in this 

proceeding with respect to the limited issue as to whether or not this Court 

should enjoin an election presently scheduled for October 1, 1988, with reference 

to a seat on the Louisiana State Supreme Court. 

Mover is presently serving as an Associate Justice of the Louisiana State Supreme 

Court, having been elected from the First Supreme Court District of the State of 

Louisiana. Also presently serving as an Associate Justice of the Louisiana State 

Supreme Court, having been elected from the same First Supreme Court District 

of the State of Louisiana, is Pascal F. Calogero, Jr. 

2. 

Mover avers that an election is presently scheduled for October 1, 1988 with 

reference to the seat on the Louisiana State Supreme Court presently occupied by 

Justice Calogero. Any party desiring to qualify as a candidate in said election 

must formally indicate his desire by filing the necessary qualification 



documentation with the Office of the Secretary of State, State of Louisiana, in 

July of 1988. 

3. 

Mover further avers that an election is presently scheduled for the Fall of 1990 

with reference to the seat on the Louisiana State Supreme Court presently 

occupied by Mover. Any party desiring to qualify as a candidate in said election 

must formally indicate his desire by filing the necessary qualification 

documentation with the Office of the Secretary of State, State of Louisiana, in 

the Summer of 1990. 

4. 

In the event that plaintiffs are successful in their challenge to the current use of 

a multi-member election district as set forth above, it is not likely that a final 

judicial determination with reference to said challenge will be forthcoming prior 

to October 1, 1988. However, it appears likely that a final judicial determination 

with reference to the issues raised in the instant suit would be forthcoming prior 

to the Fall of 1990. 

5. 

Under the existing jurisprudence, in the event that the First Supreme Court 

District were to be redistricted into two (2) separate judicial districts, Mover, 

normally, would have the opportunity to qualify as a candidate for reelection as 

an Associate Justice of the Louisiana State Supreme Court from either of the two 

newly created districts; however, if the presently scheduled election for October 

1, 1988 occurs as scheduled, the party who is elected to that seat could 

2 



conceivably serve as a Justice of the Supreme Court for a period of ten (10) 

years, having been duly elected from the presently existing First Supreme Court 

District. 

6. 

Assuming that (a) plaintiffs are successful in their challenge to the current use of 

a multi-member election district as set forth above, and (b) further assuming that 

a final judicial determination with reference thereto would be forthcoming after 

the presently scheduled election on October 1, 1988, but prior to the presently 

scheduled election for the Fall of 1990, then it would be uncertain as to which 

electorate would select the candidate seeking election to the State Supreme Court 

in the election scheduled in the Fall of 1990. 

7. 

Mover avers that it would serve the interests of justice and that it would be fair 

to any candidate who wishes to qualify for election as a justice to the Louisiana 

State Supreme Court from the presently constituted First Supreme Court District, 

if this Court would enjoin the presently scheduled election for October 1, 1988 

with reference to said seat. 

8. 

It is suggested that Mover, who is now serving as an Associate Justice of the 

Louisiana State Supreme Court, having been elected from the First Supreme Court 

District of the State of Louisiana, has an interest in this proceeding except his 

Motion to appear in this matter as amicus curiae. 

3 



WHEREFORE, Mover, Walter F. Marcus, Jr., requests this Court for leave to 

appear herein as amicus curiae in this proceeding with respect to the limited issue 

as to whether or not this Court should enjoin an election presently scheduled for 

October 1, 1988, with reference to a seat on the Louisiana State Supreme Court. 

BUTLER, HEEBE & HIRSCH 
712 American Bank Building 
New Orleans, Louisiana 70130 
Telephone (504) 524-3731 

Pb:1" ER J. Bg BY:  • _LA-02--  

•  Counsel for MOVER, 
WALTER F. MARCUS, JR., 
ASSOCIATE JUSTICE, 
LOUISIANA STATE SUPREME COURT 

4 



CERTIFICATE  

I, PETER J. BUTLER, hereby certify that I served copies of the 

foregoing Motion upon the parties listed below by depositing same in the U. S. 

mail, postage pre-paid, first class, addressed to them at their respective offices: 

William J. Guste, Jr., Esq. 
Attorney General 
Louisiana Department of Justice 
234 Loyola Avenue, Suite 700 
New Orleans, LA 70112-2096 

M. Truman Woodward, Jr., Esq. 
1100 Whitney Building 
New Orleans, LA 70130 

Blake G. Arata, Esq. 
210 St. Charles Avenue 
Suite 4000 
New Orleans, LA 70170 

A. R. Christovich, Esq. 
Suite 2300, Pan-American Life 
Center 

601 Poydras Street 
New Orleans, LA 70130 

Moise W. Dennery, Esq. 
Suite 2100, Pan-American Life 
Center 

601 Poydras Street 
New Orleans, LA 70130 

Robert G. Pugh 
330 Marshall Street, Suite 1200 
Shreveport, LA 71101 

Mark Gross, Esq. 
Civil Rights Division 
Department of Justice 
Washington, D. C. 20035 

Paul D. Karnener, Esq. 
Washington Legal Foundation 
1705 N Street, N.W. 
Washington, D. C. 20036 

Michael H. Rubin, Esq. 
Rubin, Curry, Colvin & Joseph 
Suite 1400 
One American Place 
Baton Rouge, LA 70825 

John L Maxey, II 
P. 0. Box 22666 
Jackson, MS 39205 

Roy J. Rodney, Jr. 
643 Magazine Street 
New Orleans, LA 70130-3477 

Pam Karlan, Esquire 
99 Hudson Street 
16th floor 
New York, New York 10013 

Mr. William P. Quigley 
631 St. Charles Avenue 
New Orleans, Louisiana 70130 

NEW ORLEANS, LOUISIANA, on this  7  day of 1988. 

PE R J. U 'R 
Counsel for WALTER F. MARCUS, JR. 

5 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

RONALD CH1SOM, ET AL • 

versus 

EDWIN EDV/ARDS, ET AL 

* * * * * * * * * * * * * * * * * * * * * 

CIVIL ACTION 

NO. 86-4075 

SECTION "A" 

MEMORAMUM IN SUPPORT OF 
MOTION FOR LEAVE OF COURT TO 
APPEAR HEREIN AS AMICUS CURIAE  

Mover, together with Justice Pascal F. Calogero, Jr., is presently serving as an 

Associate Justice of the Louisiana State Supreme Court from the First Supreme 

Court District. This district comprises the Parishes of Orleans, Jefferson, St. 

Bernard and Plaquemines. An election is presently scheduled for Justice 

Calogero's seat for October 1, 1988, whereas Mover's election is not until two (2) 

years later (1990). 

In the event the election presently scheduled for October 1, 1988 is permitted to 

proceed, it will result in Justice Calogero, or another party, being elected for a 

term of ten (10) years from the entire district. If plaintiffs are successful and 

the district is divided into two districts as requested, it would be difficult, if not 

impossible, to designate which of the two districts would be selected for the 1990 

election. If one of the districts were designated, the electorate of the other 

district would be deprived of its right to elect a Justice from that district for a 

period of ten (10) years. Moreover, Mover would be deprived of the opportunity 

usually afforded a public official, whose district has been divided, to run for 



election in either of the two newly created districts. This would be patently 

unfair. 

As the record in this matter will reflect, the United States Court of Appeal for 

the Fifth Circuit on May 27, 1988, issued an order pursuant to which it denied a 

request for an injunction of the subject election which was filed in the Appellate 

Court by plaintiffs, noting that such an injunction request must ordinarily be 

made in the District Court on first instance. In said order, the Court stated: 

"In the event the plaintiffs assert their injunction request to 
the district court, whichever way the district court rules, 
this Court notes that any election held under an election 
scheme which this Court later finds to be unconstitutional or 
in violation of the voting Rights Act is subject to being set 
aside and the office declared to be vacant. ..." 

It is suggested that the Appellate Court clearly recognized that this Court may 

now entertain a Motion for injunction to enjoin the October 1, 1988 election. It 

is further suggested that the Appellate Court implied that the issuance of such an 

injunction may be the most efficient manner in which to manage this proceeding 

in that if the scheduled election were held as scheduled and if the Court later 

finds that the existing First Supreme Court District should have been redistricted, 

then said election may then have to be set aside. 

Accordingly, mover respectfully requests that this Court grant plaintiffs Motion to 

appear herein as amicus curiae in this proceeding with respect to the limited issue 

as to whether or not to enjoin an election presently scheduled for October 1, 

1988, with reference to a seat on the Louisiana State Supreme Court. 

2 



• 

Respectfully submitted, 

BUTLER, HEEBE & HTRSCH 
712 American Bank Building 
New Orleans, Louisiana 70130 
Telephone (504) 524-3731 

BY: 
P ER J. 2(Tibli34-122—* 

Counsel for MOVER, 
WALTER F. MARCUS, JR., 
ASSOCIATE JUSTICE, 
LOUISIANA STATE SUPREME COURT 



CERTIFICATE  

I, PETER J. BUTLER, hereby certify that I served copies of the 

foregoing Memorandum upon the parties listed below by depositing same in the U. 

S. mail, postage. pre-paid, first class, addressed 

offices: 

William J. Guste, Jr., Esq. 
Attorney General 
Louisiana Department of Justice 
234 Loyola Avenue, Suite 700 
New Orleans, LA 70112-2096 

M. Truman Woodward, Jr., Esq. 
1100 Whitney Building 
New Orleans, LA 70130 

Blake G. Arata, Esq. 
210 St. Charles Avenue 
Suite 4000 
New Orleans, LA 70170 

A. R. Christovich, Esq. 
Suite 2300, Pan-American Life 
Center 

601 Poydras Street 
New Orleans, LA 70130 

Moise W. Dennery, Esq. 
Suite 2100, Pan-American Life 
Center 

601 Poydras Street 
New Orleans, LA 70130 

Robert G. Pugh 
330 Marshall Street, Suite 1200 
Shreveport, LA 71101 

to them at their respective 

Mark Gross, Esq. 
Civil Rights Division 
Department of Justice 
Washington, D. C. 20035 

Paul D. Kamener, Esq. 
Washington Legal Foundation 
1705 N Street, N.W. 
Washington, D. C. 20036 

Michael H. Rubin, Esq. 
Rubin, Curry, Colvin & Joseph 
Suite 1400 
One American Place 
Baton Rouge, LA 70825 

John L. Maxey, II 
P. 0. Box 22666 
Jackson, MS 39205 

Roy J. Rodney, Jr. 
643 Magazine Street 
New Orleans, LA 70130-3477 

Pam Karlan, Esquire 
99 Hudson Street 
16th floor 
New York, New York 10013 

Mr. William P. Quigley 
631 St. Charles Avenue 
New Orleans, Louisiana 70130 

NEW ORLEANS, LOUISIANA, on this   day of 1988. 

ik  
PETER J. Bk-----3 -44---Er 

4 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, ET AL CIVIL ACTION 

versus NO. 86-4075 

EDWIN EDWARDS, ET AL SECTION "A" 

* * * * * * * * * * * * * * * * * * * * * 

ORDER 

CONSIDERING the foregoing Motion filed on behalf of Walter F. Marcus, Jr., and 

the entire record in this matter: 

IT IS ORDERED that Walter F. Marcus, Jr., be and he is hereby authorized to 

appear herein as Amicus curiae with respect to the limited issue as to whether or 

not this Court should enjoin an election presently scheduled for October 1, 1988, 

with reference to a seat on the Louisiana State Supreme Court. 

NEW ORLEANS, LOUISIANA, this day of , 1988. 

Charles Schwartz, Jr., Judge 
United States District Court