Motion for Leave to File Brief as Amicus Curiae

    , 

IN THE UNITED STATES COURT OF APPEA 

FOR THE FIFTH CIRCUIT 

No. 87-3463 

RONALD CHISOM, et al 
Plaintiffs-Appellants 

versus 

EDWIN EDWARDS, et al 
Defendants-Appelles 

MOTION FOR LEAVE TO FILE 
BRIEF AS AMICUS CURIAE  

NOW INTO COURT, through undersigned counsel, comes 

Pascal F. Calogero, Jr., who respectfully requests leave to 

file a brief as amicus curiae with this Court in connection 

with Plaintiffs-Appellants Motion for an Injunction, or, in the 

Alternative, for Issuance of the Mandate, said brief to address 

the limited issues raised by.that motion. In support of this 

request, mover avers that: 

1. 

He is currently serving as an Associate Justice of the 

Louisiana Supreme Court. He began his service on the Louisiana 

Supreme Court after he was elected in 1972 to fill a two year 



unexpired term from the First Supreme Court District (Parishes 

of Orleans, Jefferson, St. Bernard and Plaquemines). In 1974, 

he was reelected by the voters of the First Supreme Court 

District to serve a full fourteen year term. 

2. 

Justice Calogero intends to seek reelection to the 

First District seat in 1988. Over the past year, he has been 

preparing for the upcoming election and going forward with 

plans to qualify for the race in July, 1988. 

3. 

Justice Calogero is a lifelong resident of the First 

Supreme Court District. He now resides in the 10th Ward of 

Jefferson Parish. 

4. 

Justice Calogero has not been made a party to this 

proceeding, and indeed has not appeared herein as an 

intervenor. With respect to the merits of plaintiffs' claims 

in this litigation, he supports the legal position taken by 

defendants, but he is, of course, prepared to accept whatever 

is the resolution by the courts. 

5. 

On the other hand, plaintiffs' motion to enjoin the 

1988 election is of direct concern to Justice Calogero, who has 

invested time, effort and resources in preparing to qualify for 



the 1988 race. He opposes plaintiffs' motion and respectfully 

requests leave of this Court to file a brief as amicus curiae, 

which sets forth the grounds for his opposition to the motion. 

6. 

For the foregoing reasons, it is submitted that 

Justice Calogero has an interest in this proceeding which 

should allow him to file a brief as amicus curiae pursuant to 

Rule 29 of the Federal Rules of Appellate Procedure, and in 

accordance with Rule 29, the brief which he proposes to file in 

this matter is attached hereto and conditionally submitted to 

this Court. 

WHEREFORE, Pascal F. Calogero, Jr., requests leave of 

court to file the attached amicus curiae brief herein. 

Charles A. Kronlage, Jr. 
717 St. Charles Avenue 
New Orleans, Louisiana 70130 
(504) 581-2400 

Charles A. Kronlage, Jr. 
Attorney for Mover, 
Pascal F. Calogero, Jr. 
Associate Justice, 
Louisiana Supreme Court