Response for the United States to Motion for Leave to Intervene

    Ii 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, et al., ) 

) 
Plaintiffs, ) 

) 
) 

UNITED STATES OF AMERICA, ) 

) 
Plaintiff-intervenor, ) 

) 
) 

V. ) 
) 

CHARLES E. ROEMER, et al., ) 

) 
Defendants. ) 

) 

 ) 

Civil Action No. 
86-4075 

Section A 

RESPONSE FOR THE UNITED STATES 
TO MOTION FOR LEAVE TO INTERVENE 

This action involves a challenge under Section 2 of the 

Voting Rights Act, 42 U.S.C. 1973, to the multi-judge district 

used to elect two of the seven members of the Louisiana Supreme 

Court. Pascal F. Calogero, Jr., one of the two members of the 

court elected from that district, seeks to intervene as a defen-

dant "in order to participate in litigation concerning the 

appropriate remedy in the event there is such litigation." Memo-

randum In Support of Intervention, at 5. He states that he will 

'not seek to contest the plaintiffs' effort to have the current 

Supreme Court district declared in violation of the Voting Rights 

Act." Id. 

The United States does not oppose Justice Calogero's per-

missive intervention pursuant to Rule 24(b), Fed. R. Civ. P., 

for the limited purpose of participating in any remedial pro-



ceedings. 2/ We note, however, that Justice Calogero has not filed 

a responsive pleading to our complaint and any order allowing him 

to intervene should require him to do so. Rule 24(c), Fed. R. 

Civ. P. 

Respectfully submitted, 

JOHN VOLZ 
United States Attorney 

JANE P. TURNER 
Ac Assistant Attorney General 

GERALD W. JONES 
STEVEN H. ROSENBAUM 
ROBERT S. BERMAN 
Attorneys, Voting Section 
Civil Rights Division 
Department of Justice 
P.O. Box 66128 
Washington, D. C. 20035-6128 
(202) 724-3100 

I/ We do not believe that Justice Calogero is entitled to inter-
vene as of right pursuant to Rule 24(a), Fed. R. Civ. P., pri-
marily because whatever interest he has in the election system at 
issue is represented adequately by the existing defendants: the 
Governor, the Secretary of State, and the Commissioner of Elec-
tions. "A presumption of adequate representation generally 
arises when the representative is a governmental body or officer 
charged with representing the interests of the absentee." Com-
monwealth of Pennsylvania v. Risso, 530 F.2d 531 (3rd Cir.), 
cert. denied sub nom., Fire Officers Union V. Pennsylvania, 426 
U.S. 921 (1976). 



CERTIFICATE OF SERVICE 

I hereby certify that on this/rt4 day of December 1988, 

served a copy of the foregoing Response for the United States to 

Motion for Leave to Intervene by mailing a copy, by overnight 

express mail, to the following persons: 

William P. Quigley 
901 Convention Center Blvd. 
Fulton Place 
Suite 901 
New Orleans, LA 70130 

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

Julius L. Chambers 
Charles Stephen Ralston 
Judith Reed 
99 Hudson Street, 16th Floor 
New York, New York 10013 

Pamela S. Karlan 
University of Virginia Law School 
Charlottesville, VA 22901 

Ron Wilson 
Richards Building, Suite 310 
837 Gravier Street 
New Orleans, LA 70112 

William J. Guste, Jr. 
Attorney General 
Louisiana Department of Justice 
234 Loyola Avenue, 7th Floor 
New Orleans, LA 70112 

M. Truman Woodward, Jr. 
909 Poydras Street, Suite 2300 
New Orleans, LA 70130 

Blake G. Arata 
201 St. Charles Avenue 
New Orleans, LA 70130 



• 

George Strickler, Jr. 
639 Loyola Street 
Suite 1075 
New Orleans LA 10113 

A. R. Christovich 
1900 American Bank Bldg. 
New Orleans, LA 70130 

Moise W. Dennery 
601 Poydras Street 
New Orleans, LA 70130 

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

ROBERT S.BERMAN 
Attorney, Voting Section 
Civil Rights Division 
Department of Justice 
P.O. Box 66128 
Washington D. C. 20035-6128 
202-724-3100