Defendant Judge Wood's First Set of Interrogatories to Plummer and Parker

    THE UNITED STATES DISTRICT COURT 

THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), et al., 

Plaintiffs, 

JIM MATTOX, Attorney General 

S 

S 

S 

S 

S 
¥Y. § NO. MO-88-CA-154 

S 

S 
of the State of Texas, et al., § 

S 

S Defendants. 

DEFENDANT HARRIS COUNTY DISTRICT JUDGE 

SHAROLYN WOOD'S FIRST SET OF INTERROGATORIES 
  

  

TO: Plaintiff Matthew W. Plummer, by and through his attorney of 
record, Rolando L. Rios, Esqg., Southwest Voter Registration 
5 Education Project, 201 N. St. Mary's, Suite 521, San 
Antonio, Texas 78205; and 

Plaintiff-Intervenors Deloyd T. Parker and Bennie McGinty, 
by and through their attorney of record, Sherrilyn A. Ifill, 
Esq., NAACP Legal Defense and Education Pund, Inc., 99 
Hudson Street, 16th Floor, New York, New York 10013. 

In accordance with the provisions of Rules 33 and 34 of the 

Federal Rules of Civil Procedure, Intervenor-Defendant Harris 

County District Judge Sharolyn Wood ("Wood") submits these 

Interrogatories and Requests for Production of Documents to 

Plaintiff James Fuller and Plaintiff-Intervenors Deloyd T. Parker 

and Bennie McGinty in the above-captioned cause of action. 

You are each to answer the Interrogatories within 15 days of 

service, but you may collectively produce all items responsive to 

these requests at the offices of Porter & . Clements, 700 

 



  

Louisiana, Suite 3500, Houston, Texas, on or before 10:00 a.m. on 

July 24, 1989. 

DEFINITIONS AND INSTRUCTIONS 
  

DEFINITIONS:   

(a) Definition of "request": request shall mean these 

Interrogatories and Requests for Production of Documents. 
  

{b) Definition of "document": for purposes of this   

request, a document shall include any method of reducing and 
  

recording information in written form, whether a memorandum, a 

letter, a note, etc, including without limitation papers, books, 

accounts, drawings, graphs, charts, photographs, electronic or 

videotape recordings, computer disks or tapes or other forms of 

computer memory storage, and other data compilations from which 

information can be obtained and translated, if necessary, by you, 

into reasonably usable form. The term document shall also be 
  

understood to include any other tangible thing which constitutes 

or contains matter relevant to the subject matter of this suit. 

  {c). Definition’ of: "identify": for purposes of this 

request, (i) when used with reference to a person or entity, the 

term "identify", shall mean to state the full name of such person   

or entity and his/her/its last known address and telephone 

number; (ii) when used with reference to a document, the term   

"identify" shall mean to describe the document, its date of   
  

creation and the name of its author. 

{d) Definition of "or": for purposes of this request, "or" 

shall mean and/or. 

 



  

INSTRUCTIONS: 
  

(a) The Interrogatories which follow are to be answered 

separately and fully, in writing and under oath, signed by the 

person making said answers. 

(b) This request applies to all documents and information 
  

within your possession, custody or control. 

(c) Documents produced in response hereto shall be organiz- 
  

ed and designated to correspond to the categories in this request 

or produced as thev are kept in the usual course of business. 

(d) A copy of your response to each Request for Production 

should be served on the undersigned attorneys within thirty (30) 

days after service of this request. 

(e) If privilege or work product protection is claimed as a 

ground for withholding production of one or more documents in 
  

whole or in part, the response hereto shall identify the date of 

the document, its author, its subject matter, its length, its 
  

attachments, if any, its present custodian and all recipients 

thereof, whether indicated on the document or otherwise, and 
  

shall describe the factual basis for the claim of privilege or 

work product protection in sufficient detail to permit the Court 

to adjudicate the validity of the claim of privilege or protec- 

tion. 

(f) In the event that a document called for by this request 
  

has been destroyed, the response hereto shall identify the 

preparer of the document, its addressor (if different), address- 
  

ee, each recipient thereof, each person to whom distributed or 

 



  

shown, date prepared, date transmitted (if different), date 

received, a description of its contents and subject matter, the 

date of its destruction, the manner of its destruction, the name, 

title and address of the person authorizing its destruction, and 

the reason(s) for its destruction, the name, title and address of 

the person destroying the document and a description of efforts 
  

to locate the document or recording and copies of it, 

(g) This request shall be deemed to be continuing so as to 

require supplemental response in accordance with Rule 26(e) of 

the Federal Rules of Civil Procedure. 

INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS 
  

Interrogatory No. 1: 
  

State whether or not you contend that art. 5 §§ 7 and/or 7a 

Cf the Texas Constitution of 1876 and/or Chapter 24 of the Texas 

Government Code, or any part thereof, were adopted or have been 

maintained with a ‘discriminatory intent, and, if so, fully 

describe the factual bases for your contention. 

Answer: 

Request for Production No. 1: 
  

Produce for inspection and copying all documents that refer, 
  

relate or pertain to your answer to Interrogatory No. 1. Include 

all documents that indicate any racially discriminatory intent in 
  

the adoption, passage or maintenance of any of the above-listed 

 



provisions or acts, including without limitation all relevant 

legislative history. 

Interrogatory No. 2: 
  

State whether or not you claim that minorities in Harris 

County, Texas have experienced or do presently experience any 

roadblocks to their election as state district judges such as the 

creation of a package or slate of candidates by an organization 

with the strength to make the election merely a stamp of approval 

of a pre-ordained group of candidates. If so, explain what 

roadblocks you contend exist and describe fully how they work to 

prevent or impede election of minority candidates. 

Answer: 

Request for Production No. 2: 
  

Produce for inspection and copying all documents that refer, 
  

relate or pertain to your answer to Interrogatory No. 2. 

Interrogatoryv No. 3: 
  

State whether or not you contend that any race in Harris 

County, Texas has included issues of race or ethnicity and, if 

your answer is affirmative, identify each such race and fully 
  

describe the factual basis for your claim that each race iden- 

tified included such issues. 

Answer:  



  

Request for Production No. 3: 
  

Produce for inspection and copying all documents that refer, 
  

relate or pertain to you answer to interrogatory No. 3. 

Interrogatory No. 4: 
  

State whether or not you contend that the present system of 

electing state district judges in Harris County, Texas is 

unresponsive to minority needs and, if you do so contend, fully 

describe how the system is unresponsive to the needs of blacks 

and/or Hispanics. 

Answer: 

Request for Production No. 4: 
  

Produce for inspection and copying all documents that refer, 
  

relate or pertain to your answer to Interrogatory No. 4. 

Interrogatory No. 5: 
  

State whether or not you contend that the reasons for the 

State of Texas' maintenance of county-wide judicial districts in 

Harris County are tenuous and/or a pretext for discrimination 

against minority voters and give the factual basis for your 

answer, 

Answer: 

 



  

Request for Production No. 

  
53 

Produce for inspection and copying all documents that 

support or otherwise 

  

relate to your answer tO Interrogatory 

No. 5. 

Interrogatory No. 6: 
  

  

Identify all races in Harris County, Texas which you claim 

have been racially polarized and fully describe the factual basis 

for your claim that these races were racially polarized. 

Answer: 

Request for Production No. 

  
6: 

  

Produce for inspection and copy all documents that support 

or otherwise relate to your answer to Interrogatory No. 6 

Interrogatory No. 7: 
  

  

Identify each judicial district that you propose to create 

or maintain under a plan designed to remedy alleged vote dilution 

in"'Harris County. 

Answer: 

Request for Production No. 7: 

  
Produce for inspection and copying all documents that refer, 

  

relate or pertain to your answer to Interrogatory No. 7. 

 



  

Request for Production No. 8: 
  

Produce for inspection and copy all documents that indicate 
  

the approximate size of the black and Hispanic populations, the 

black and Hispanic citizenry, the black and Hispanic voting age 

populations and voting age citizenry, and the black and Hispanic 

registered voters in each judicial district that you propose to 

create or maintain in Harris County under a plan designed to 

remedy alleged vote dilution. 

Interrogatory No. 8: 
  

State whether or not your contend that either blacks or 

Hispanics singly or black and Hispanics together would constitute 

a politically cohesive minority group in each judicial district 

that you propose to drawn in Harris County and fully describe the 

factual basis for your answer. 

Answer: 

Request for Production No. 9: 
  

Produce for inspection and copying all documents that 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory No. 8, including all documents that indicate that blacks 

and Hispanics support the same candidate in races in which either 

a black or a Hispanic runs and all documents that indicate that 

anglos support candidates other than those supported by blacks 

and/or Hispanics in races in which a black and/or a Hispanic 

runs. 

 



  

interrogatory No. 9: 
  

Identify each judicial race in Harris County in which you 
  

contend that whites voted as a bloc and describe fully the 

factual basis for your claim. 

Answer: 

Request for Production No. 10: 
  

Produce for inspection and copying all documents that 
  

support or otherwise relate to your answer to Interrogatory No. 

j0. 

Interrogatory No. 10: 
  

Identify the type of statistical or demographic analysis 
  

upon which your experts will rely at trial. 

Answer: 

Request for Production No. ll: 
  

Produce for inspection and copying each and every document, 
  

including, without limitation, each and every demographic report 

or study or compilation of demographic data, that has been 

submitted to, prepared by, or used by each person you expect to 

call as an expert witness, including his associates, with regard 

to the subject matter of this litigation and all documents 

furnished to any such persons.  



  

Interrogatory No. ll: 
  

If you intend to rely upon bivariate ecological regression 

analysis at trial, identify the "vr" and npn values which you 
  

contend apply to the races in question and explain why the values 

you have identified support a finding that the state district 
  

judge election system discriminates against black and/or Hispanic 

voters in Harris County. 

Answer: 

Reguest for Production No. 12: 
  

Produce for inspection and copying all documents that 
  

support or other relate to your answer to Interrogatory No. 11, 

including without limitation all documents which support your 

2 
rr? and "ro" values, 

" determination of the relevant 

Interrogatory No, 12: 
  

State whether or not you contend that the Harris County 

state district judge election system is or has ever been manip- 

ulated by any group for purposes of vote dilution or discrimina- 

tion against minorities and, if so, fully describe the factual 

basis for your contention. 

Answer:  



  

Reguest for Production No. 13: 
  

Produce for inspection and copying all documents that 
  

indicate that the Harris County judicial election system is or 

has ever been manipulated by any one group for purposes of vote 

dilution or discrimination against minorities. 

Reguest for Production No. 14: 
  

Produce for inspection and copying all documents that refer, 
  

relate or pertain to each of the constitutional and statutory 

provisions regarding the Texas district judge election system 

which you contend reflects a discriminatory intention or purpose. 

Include all documents that relate to the historical background of 

the Texas system; the specific sequence of events leading up to 

the decision(s) to implement that system; any departures from the 

normal procedural sequence in the passage or enactment of any 

part of the present judicial election system as opposed to the 

passage or enactment of any other Texas laws; any substantive 

departures that indicate intent to discriminate against minor- 

ities in the promulgation of any of those laws; and all contempo- 

rary statements you possess made by members of the decision- 

making body. 

Interrogatory No. 13: 
  

State the number of minority black and Hispanic attorneys in 

Harris County that you contend are qualified to run for the 

position of State District Judge and fully describe the factual 

basis for your contention. 

Answer:  



  

Request for Production No. 15: 
  

Produce for inspection and copying all documents that 
  

reflect the size of the pool of blacks and/or Hispanics qualified 

to run for the office of State District Judge in Harris County, 

Texas. 

Request for Production No. 16: 
  

Produce for inspection and copying all documents that relate 

to your campaign contributions or expenses in each race in which 

you have been a candidate for public office. 

PORTER & CLEMENTS (ln et 

By: In Zyban V. [Cores “v / 
J.( Eugene Clements 
700 Louisiana, Suite 3500 
Houston, Texas 77002-2730 

(713) 226-0600 ; 

By: 7 PIN V. [Cog ues wi 

Darrell Smith he 
Attorney at Law 

10999 Interstate Hwy. 10, #905 
San Antonio, Texas 78230 

(512) 641-9944 

  

  

ATTORNEYS FOR HARRIS COUNTY 

DISTRICT JUDGE SHAROLYN WOOD 

OF COUNSEL: 

PORTER & CLEMENTS 

John E. O'Neill 
Evelyn V. Keyes 
700 Louisiana, Suite 3500 
Houston, Texas 77002-2730 

(713) 226-0600 

Michael J. Wood 

Attorney at Law 

440 Louisiana, Suite 200 

Houston, Texas 77002 

(713) 228-5105 

 



4 » 

  

CEDPTIPICATE OF SERVICE 
  

I hereby certify that on shed Duley of June, 1989, a true 
and correct copy of the above and foregoing Defendant Harris 
County District Judge Sharolyn Wood's First Set of Interroga- 
tories was served upon counsel of record in this case by first 
class United States mail, postage prepaid, addressed as follows: 

Mr. William L. Garrett 
Ms. Brenda Hall Thompson 
Garrett, Thompson & Chang 
Attorneys at Law 

8300 Douglas, Suite 800 
Dallas, Texas 75225 

Mr. Rolando L. Rios 
Southwest Voter Registration & 

Education Project 
201 XN. St. Mary's, Suite 521 
San Antonio, Texas 78205 

Ms. Susan Finkelstein 

Texas Rural legal Aid, Inc. 
201 N. St. Mary's, Suite 600 
San Antonio, Texas 78205 

Mr. Julius Levonne Chambers 

Ms. Sherrilyn A. Ifill 
NAACP Legal Defense and Educational Fund, Inc. 

99 Hudson Street 

l6th Floor 

New York, New York 10013 

Ms. Gabrielle K. McDonald 

Matthews & Branscomb 

301 Congress Ave., Suite 2050 
Austin, Texas 78701 

Mr. Jim Mattox, Attorney General of Texas 
Ms. Mary F. Keller, First Assistant Attorney General 
Ms. Renea Hicks, Spec. Assistant Attorney General 
Mr. Javier Guajardo, Spec. Assistant Attorney General 

P. O.. Box 12543 
Capitol Station 
Austin, Texas 78701 

Mr. Fdward B. Cloutman, III 

Mullinax, Wells, Baab & Cloutman, P.C. 

3301 Elm Street 

Dallas, Texas 75226-1637 

 



® ® 

  

Mr. E. Brice Cunningham 
777 So. R.L. Thornton Freeway 
Suite 121 
Dallas, Texas 75203 

Mr. Ken Oden 

Travis County Attorney 
P. 0. Box 1748 
Austin, Texas 78767 

Mr. David R. Richards 
Special Counsel 
600 W. 7th Street 

Austin, Texas 78701 

Mr. Mark H. Dettman 
Attorney at Law 

P. O. Box 2550 

Midland, Texas 79702 

Mr. Robert H. Mow, Jr. 

Hughes & Luce 
2800 Momentum Place 

1717 Main Street 

Dallas, Texas 75201 

  

% fey 
Evelyn V. Kéyes 

WO002/21/cdf