Representative Evan's Answers to Interrogatories and Response to Request for Production of Documents of Judge Wood

    MATTHEWS & BRANSCOMB 
A PROFESSIONAL CORPORATION 

  

bos ATTORNEYS AT LAW 

SCILLCONGRESSE AVENUE, SUITE 2080 

I8OO FIRST CITY BANK TOWER AUSTIN, TEXAS 7870 ONE ALAMO CENTER 

CORPUS CHRISTI, TEXAS 78477 TELEPHONE 852-320-5055 SA ANTONIO, TEXAS 78205 

512-888-9261 TELECOPIER 512-320-5013 512-226-4211 

GABRIELLE K. MCDONALD 

April 27, 1989 

FEDERAL EXPRESSED   

Mr. J. Eugene Clements 
Porter & Clements 

700 Louisiana #3500 
Houston, TX 77002-2730 

RE: Civil Action No. MO-88-CA-154; LULAC, et al vs. 

Jim Mattox, et al 

Dear Mr. Clements: 

Please find enclosed Representative Larry Q. Evan's Answers 
to Interrogatories and Response to Request for Production of 
Documents of Harris County District Judge Sharolyn Wood. 

This letter will also serve as confirmation that you have 
agreed to strike your Interrogatories and Request for Production 
of Documents to Representative Sefronia Thompson as she is no 

longer a party in this cause of action. 

Sincerely yours, 

MATTHEWS & BRANSCOMB 

A Professional Corporation 

2 

Hily /C dot 
- Os 8 L, ( 

Gabrielle K. McDonald 

4GKMeb; kd 

enc. 

cc: All Counsel of Record 

Rep. Larry Evans 

 



  

STATES DISTRICT COURT 

ERN DISTRICT OF TEXAS 

LEAGUE OF UNIT 

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D LATIN AMERICAN 

CITIZENS (LULAC), et al., 

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PLAINTIFFS, 

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

PLAINTIFF-INTERVENORS, 

The Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENOR, 

VS. 

JIM NATTOX, 
ATTORNEY GENERAL OF THE STATE 
OF TEXAS: JACK RAINS, SECRETA 
OF STATE OF THE STATE OF TEXAS 
ALL IN THE OFFICIAL CAPACITIES 
THOMAS R. PHILLIPS, JOHN F. 
ONION, JR.; RON CHAPMAN; THOMAS 
J. STOVALL, JR.; JAYES Fr. 
CLAWSON, JR.; JOE E. KELLY; JOE 
B. EVINS; SAM B. PAXSON; 
WELDON KIRK; CHARLES J. 
MURRAY; RAY D. ANDERSON; JOE 
SPURLOCK II, ALL IN THEIR 
OFFICIAL CAPACITIES AS MEMBERS 
OF THE JUDICIAL DISTRICTS BOARD 
OF THE STATE (OF TEIAS, 

CIVIL ACTION NO. MO-88-CA-154 
  

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DEFENDANTS. 

REPRESENTATIVE LARRY (). EVAN'S ANSWERS TO 
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF 

DOCUMENTS OF HARRIS COUNTY DISTRICT JUDGE SHAROLYN WOOD 

  

  

  

TO: Harris County District Judge Sharolyn Wood, by and 
through her attorney of record, J. Eugene Clements, 
Porter & Clements, 700 Louisiana, Suite 3500, 
Houston, TX 77002-2730. 

 



  

COMES NOW Larry Q. Evans, as Chairman of The Legislative 

Black Caucus of Texas, and submits this his Answers to the 

Interrogatories and Response to Requests for Production of 

Documents propounded to him by Harris County District Judge 

Sharolyn Wood in accordance with Rules 33 and 34 of the Federal 

Rules of Civil Procedure. 

Respectfully submitted, 

23 oh ng ET 
GABRIELLE K. McDONALD 

  

— a   

OF COUNSEL: tate Bar I.D. # 13546000 
301 Congress Avenue, Suite 2050 

MATTHEWS & BRANSCOMB, Austin, Texas 78701 
A Professional Corporation Phone: (512) 320-5055 

Attorneys for Plaintiff-Intervenor, 
The Legislative Black Caucus 
of Texas 

CERTIFICATE OF SERVICE   

I, Gabrielle K. McDonald, by signing above, hereby certify 
that on this (7 day of ‘April, 1988, a true and correct copy of 
these Answers to Interrogatories were duly mailed, correctly 
addressed and postage prepald, and placed in an official 
depository of the U. S. Mail to all counsel of record, to-wit: 

William L. Garrett Rolanda L. Rios 
Brena Hull Thompson 201 HN. St. Mary's #52] 
8300 Douglas, #800 San antonio, TX + 78205 
Dallas, TX 35225 

Susan Finkelstein Fdward B. Cloutman, 1171 
201 R St. Mary's #521 3301 Elm 
San Antonio, ‘TX 78205 Dallas, TX 75226-9222 

E. Bruce Cunningham Julius Levonne Chambers 
7277 ‘8S. RL... Thornton Fwy #121 Sherrilyn A. Ifill 
Dallas, TX 75203 899 Hudson St., 16th Floor 

New York, N.Y. 10013 

 



  

A 

¥
N
 Jim Mattox 

Mary F. Keller 
Renea Hicks 

Javier Guajardo 
Attorney General's Office 
P. 0. Box 12548 
Austin, TX 728711 

Darrell Smith 
10999 Interstate Hwy 10, #905 
gan Antonio, TX 78230 

Mark H. Dettman 
Midland County Attorney 
P, 0. Box 2559 
Midland, TX 787082 

David R. Richards 

600 W 7h St. 

Austin, TX 78701 

J. Eugene Clements 
John PZ. O'Neill 

Evelyn V. Keys 
Porter & Clements 

700 Louisiana #3500 

I Nn, TX 77002-2730 

Michael J. Wood 

440 Louisiana #200 

Houston, TX 77002 

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

Robert H.: Now,” Jr. 
2800 Momentum Place 

1717-Main-St. 

Dallas, TX 75201 

 



  

INTERROGATORY NO. 1 L 1
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i. If vou claim that Blacks and faa 
cohesive in Harris County, please state the 
such a claim. 

RESPONSE TO INTERROGATORY NO. 1: 
  

Plaintiff-Intervenor does not at this time claim that Blacks 
and Hispanics are politically cohesive in Harris County. 

REQUEST POR PRODUCTION NO, 1: 
  

Produce for inspection and copying all documents that 
support or otherwise relate or pertain toc your answer to 
Interxrogatory No. ‘1. 

  

RESPONSE TO REQUEST FOR PRODUCTION NO. 1: 
  

See answer to Intervogatory No.l. 

INTERROGATORY NO. 2:   

If you claim that voting in Harris County is racially 
+L polarized, please state the factual basis for such a claim. 

RESPONSE TO INTERROGATORY NO. 2: 
  

3ry 1 | 
Election returns for the 1988 general election for district 

judges in Harris County reveal that in races. in"which a Black 
candidate ran against a white candidate, Black voters 
overwhelmingly supported the Black candidates and white voters 
overwhelmingly supported white candidates. Plaintiff-Intervenor 
will examine additional elections to support this claim and will 
furnish Defendant-Intervenor Wood with further information 

yy 

supporting:.this claim in accordance with Fed. R. Civ. P. 33. 

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Produce for inspection and copyi 
support or otherwise relate or pe 
Interrogatory No. 2. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 2: 
  

Election returns for general elections in November of 1988 
are avallable for inspection and copying at the Harris County 
Clerk's office at 1001 Preston Street, Houston, Texas. Further 
information can be secured from a review of the Harris County 
census tract maps; records from the Texas Department of Commerce, 
Data Center in ‘Austin, Texas; and public records from the 
Association of Secretaries of State in Washington, D.C. Such 
documents are a matter of public record and may be secured by 
Defendant-Intervenor Wood. 

 



  

INTERROGATORY NO. 3:   

Identify every Harris County election you have analyzed, 
describing fully your method of analysis, and the results of such 
analysis 

RESPONSE TO INTERROGATORY NO. 3: 
  

See answer to Interrogatory No. 2. 

REQUEST FOR PRODUCTION NO. 3: 
  

Produce for inspection and copying all documents that 
support or otherwise relate or pertain to your answer to 
Interrogatory No. 3. 

  

RESPONSE REQUEST FOR PRODUCTION NO, 3: 
  

See answer to Request for Production No. 2. 

INTERROGATORY NO. 4:   

Identify every candidate for public office in Harris County 
whom you have preferred in the last twenty years. Include within 
your. answer the date of the race, the position the race was 
intended to fill, the identity o winner of the race, and th 
percentage of Blacks, Whites, and Hig oani te respectively voting 
for your preferred candidate. 

RESPONSE TC INTERROGATORY NO. 4: 
  

This information is not currently available. 
Defendant-Intervenor Wood will be furnished this information by 
Plaintiff-Intervenor in accordance with Fed. R. Civ. P. 33. 

REQUEST FOR PRODUCTION NO. 4: 
  

  

2 ~ 
3 *3 3 - - —— 4 Por Produce for inspection and copying all documents that 

x ~ 7 i 3 3 ~ny - po — 
rt or otherwise rTeiace ox Pen ain £0 Your answer = 

RESPONSE TO REQUEST FOR PRODUCTION NO. 4: 
  

See answer to Interrogatory No. 4. 

INTERROGATORY NO. 5:   

Identify every factor and circumstance present in Harris 
County with respect to the political processes leading to the 
nomination or election of candidates to public office in Harris 
County that you claim is not equally open to participation by 
minorities and that you claim gives minorities less opportunity 
than other members of the electorate to participate in the 
political process and to elect representatives of their choice. 

5 

 



  

RESPONSE TO INTERROGATORY NO. 5: 
  

Plaintiff-~-Intervenor is not prepared at this time to 
enumerate every factor and circumstance leading to the nomination 

r election of candidates to public office in Harris Sa which 
gives minorities less opportunity than other member of the 
electorate to participate in the political process aid elect 
their preferred candidates. Plaintiff-Intervenor does, however, 
identify the currently constituted at-large method of electing 
district judges in BHRarris County and the history of officlal 
dis crimination touching on the ability of Blacks. in Texas to 
register, vote, and otherwise participate in the electoral 
process. Texas' history of official discrimination, restr ricting 
the ability of Blacks to participate in the electoral process is 
well documented in a line of cases spanning fifty years. See, 
White v. Reqester, 412 0U.8..755 (1873) {taking notice of Texas’ 
history of official discrimination against Blacks and Mex , 
Americans). See e.g., Smith v. Allwright, 321 T.S.. 648 
(challenge to use of white primary by Texas Democratic pe 
Upham v. Seamon, 456 U.S. 37 (1982); White v. Regester, 41 
755 (1973); (the 1870 reapportionment plan in which multime 
districts planned in Bexar and Dallas counties violated t 

  

    

    

  

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rights of Blacks and hispanics): Campos v. City of Baytown, 840 
F.24 1240 (5th Ciy. 1988). (at-large system of electing city 
20 incil members impermissibly dilutes the voting strength of 
lack and Hispanic voters). Plaintiff-Intervenor will identify 

additional factual base in accordance with Fed. R. Civ. P. 33. 

  

If you claim that any part of the established system in 
Harris County for electing state district judges dilutes minority 
voting strength, state the factual basis for your claim, if any, 
that the reasons for adopting such a system are tenuous. 

RESPONSE TO INTERROGATORY NO. 6: 
  

  

~~ 
if 4 

- evitionic ted 

cordance with Fed. 

  

REQUEST FOR PRODUCTION NO. 51   

  

Produce for inspection and copying all documents that 
support or otherwise relate or pertain to your answer to 
Interrogatory No. 6. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 5:   

See response to Interrogatory No. 6. 

 



  

  

If you claim that the system of electing state district 
judges in Harris County 1s intentionally oh to discriminate 
against minorities, please state the factual basis for such a 
claim. 

RESPONSE TO INTERROGATORY NO. 7: 
  

Plaintiff-Intervenor states that the current system of 
electing district judges at large in Texas, including Harris 
County, was adopted with the intention of, and/or has been 
maintained for the purpose of minimizing the political strength 
of Black voters. 

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REQUEST FOR -PRODUCTION NO, 6: 
  

Produce ‘for Iunspection and copying all documents that 
support or otherwise relate or pertain to your . answer to 

Interrogatory No.>7. 

  

RESPONSE TO REQUEST FOR PRODUCTION BO, 6: 
  

Plaintiff-Intervenor refers Defendant-Intervenor to 
legislative history accompanying the passage of Art. 5, Sec. 7 of 
the Texas Constitution and legislative history relating to the 
repeated defeat of legislative bills proposing the creation of 
single member judicial districts. These bills are a matter of 
public record, available for inspection at he Legislative 
Reference Library in the State Cap pitol in Austin, Texas. Tapes 
of House debates are zvallabie in the House Committee 
Coordinator's offices in Austin, Texas. Tapes of Senate debates 
and bill discussions are available for public examination in the 

Senate Staff Services' Office in Austin, Texas. 

INTERROGATORY NO. 8: 
  

  

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ym FN 7 = 1 th TINT TT oo TT TT 2 ve o 3 bd | SY Yat al A You alk 0 0 that Binoritlies Il. nar TLE nave ae 

3 3 “I  } Nont1od pe occ +4- - + ye = i= ating nrc as gx d= oy tv po +h denied access to a candidate slating process state the 
or 7 

£ a - Pd 4 ~~ 1 T=21m factual basis for such a claim. 

  

Plaintiff-Intervenor has no knowledge of a slating proces 
Any further response will be provided when a L & i 
accordance with Fed. R. Civ. P. 33. 

REQUEST FOR PRODUCTION NO. 7: 
  

  Produce for ‘inspection and copying all ‘documents that 
support or otherwise relate or pertain to your answer to 
Interrogatory No. 8. 

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INTERROGATORY NO. S LL
] 

  

If you claim that Blacks and Hispanics in Harris County are 
hindered in their ability to. participate effectively in the 
olitica rocess, state your factual basis for such a claim. ! 

RESPONSE TO INTERROGATORY NO. 9: 
  

See response to -Interrogatory Bo. 5. 

REQUEST FOR PRODUCTION NO, 8B: 
  

Produce for. in 
support or othervis 
Interrogatory No. 9. 

  

\spection and copying all documents that 
sg relate or pertaln [o. your answer Io 

RESPONSE TO REQUEST FOR PRODUCTION NO. 8: 
  

See a 55
 

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INTERROGATORY NO. 10:   

If you claim that political campaigns in Harris County have 
been characterized by overt or subtle racial appeals, state your 
Farm 

er 

- 3 b Liv : ed yr -— T - factual basis for such a claim. _— 

RESPONSE TO INTERROGATORY NO. 10: 
  

Plaintiff-Intervenor does not at this time claim that 
campaigns in Harris County have been generally characterized by 
overt or subtle racial appeals. 

  

  

) 3 e 3 ~3 Tra Tor - 11 A rrirraos my oo Proqquce. Tor ingpection and copying all documents that 
Support Or otherwise relate or pertain to your answer Lo 
Tr+ - ; Ni 1 Interrogatory No. 10. 

RESPONSE TO REQUEST FOR PRODUCTION NO. G&G: 
  

INTERROGATORY NO. 11:   

If “yon claim “thet there is .a ‘significant lack: of 
responsiveness on the part of the elected judges in Harris County 
to the particularized needs of Blacks and Hispanics, state your 

factual basis for such a claim. 

 



  

RESPONSE TO INTERROGATORY NO. 11:   

Plaintiff-Intervenor doe: i 
is =a signif ficant lack of responsiveness on the part of the 

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ed dges in ig wy Con: 4 ~y - + Ty nartriconniari: ged Nea NF a Ju ies an Niarras ounty OE Ne DAY LIC MaYI Zed Needs OT 

REQUEST POR PRODUCTION NO, 10:   

Produce For inspection and copying all’ ‘documents “that 
support or otherwise relate or pertain to your answer to 
Interrogatory No. 11. : 

  

RESPONSE TO REQUEST FOR PRODUCTION NO. 10: 
  

See answer to Interrogatory No. 11. 

  

Describe "the location and” vopulation of 

you claim could and/or should be dra 
: : oy 

  

: Wa 
single member district rawn in 

I~ v ~ > -— SE i 3 4 - 4- Harris County with respect to electing state district judges. 

™i mm RYT Tr YR MO xy wpe - 

RESPONSE TO INTERROGATORY NO. 12: 

4 i ~ vx r31 313} + marco TA + = ~ wri - ~ 
Plaintiff-Intervenor will supply Raps 1igliCacing waers each 

. en sh trent Tar - ori LE CE 3 13 1 single member geographically compact distric with Black 
-— i 4 > ‘ a HI ; gen 3 —— AE, v Ln Wp a ES Vit, Bn Ae  o majorities could be drawn in accordance with Fed. B. iv. P. 

yi 5 i \ ya He ~~ Te 4 = mm - th xr - ~ -—y — r= TR 4Z0(€). At the present time, they are not available. 

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REQUEST FOR PRODUCTION NO, 11: 
  

  

  

Produce for inspection and copying all documents that 
support or otherwise relate or pertain to your answer to 
Interrogatory No. 12. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 11: 

See answer to Interxogatory Ro. 12. 

INTERROGATORY NO, 13:   

Le wh Nu = TONY += T 
coLO Our ansver wo iL x 

4 oe ? T am~1- — vm IT or = - the percentage of Anglo, Black, and Hispanic 
ES - 

3 ting age population in each Cy
 

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RESPONSE TO INTERROGATORY NO. 13:   

See answer to Interrogatory No. 12. 

 



  

  

  Produce for inspection and copying all documents . tha 
] t r otherwise relate or. pertain to your answer tL 

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F.70 RIFQUEST POR PRODUCTION NO, 12: 
  

See answers: to Interrogatory Ro. 12 and Request for 
Production No. 11. 

INTERROGATORY NO. 14 o
e
 

  

If you claim that Hispanics in Harris County are politically 
cohesive, state the factual basis for such a claim. 

RESPONSE TO INTERROGATORY NO. 14: 
  

Plaintiff-Intervenor does not «claim in this action that 

Hispanics in Harris County are politically cohesive. 

INTERROGATORY NO, 15: 
  

If you claim that white voters in Harris County vote as a 
bloc usually to defeat your preferred candidates, state the 
factual basis for such a clain, 

  

IT ~ Plaintiff-Intervenor claims that elections in Harris County 
ave characterized by racial bloc voting, #in_ that Black voters 
overwhelming support Black candidates and white voters 
overwhelmingly support white candidates in elections in which a 
Black candidate is running against a white candidate. 

REQUEST POR TRODUCTION NO, 13: 
  

  
I + dS - ~ TT ~ - 1 ~~ —~ ~~ +H = Produce "for inspection sand copying all “documents that 

— NY - te oy 3; ~ 7 yd oy ny A op ys - ~ de Support ‘or otherwise relate or pertain to your answer to 
WG " : 
Interrogatory No. 15. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 13: 
  

See response to Request for Production No. 2. 

INTERROGATORY NO. 16: 
  

Describe with specificity the method you believe should be 
used to determine the size and location of state judicial 
election districts in Harris County, including the limits of any 
acceptable deviations from the ideal. 

10 

 



  

RESPONSE TO INTERROGATORY NO. 16: 
  

Plaintiff-Intervenor objects to Interrogatory No. 16 on the 
grounds that it is framed with insufficient clarity to permit an 
answer However, without waiving that cbjection, 
Peni CE=Tnlareencs does not allege or state that the size and o | 2 
location of state judicial election Ssatrions is or should be 
made solely on the basis of population numbers, since judicial 
districts are not bound y the ras one-vote" 
apportionment principle. Wells v. Edwards, 409 U.S. 1095 (1973), 
summaxrlly aff'g 347 P.r Supp. 453. 4M.D,. Ta. 1872), 

  

INTERROGATORY NO. 17: 
  

Describe with specificity how, under the system vou 
envision, specialized courts would continue to coexis 

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concurrently with single member districts drawn on ra Q pi
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RESPONSE TO INTERROGATORY NO. 17: 
  

Plaintiff-Intervenor does not at this time challenge that 
aspect of the current system in Harris County, Texas of electing 
district judges at large to serve on the bench of specialized 

i 

is i 

courts. 

4
 ERROGATORY NO, 18: 

  

  Identify every report or study regarding election results or 
voiing patterns in Texas or Harris County which vou or any 
plaintiff or plaintiff-intervenor in this case have con sioned 
or received at any time. 

RESPONSE TO INTERROGATORY NO. 18: 
  

Plaintiff-Intervenor does not have any report or study in 

  

response to this interrogatory. Plaintiff-Intervenor objects to 
that portioneof this re el that calls for a response, 
under oath, as to what the ther 
Plaintiff-Intervenors have in response y & 4 
such an inguiry is properly directed to that person or entity. 
Plaintiff-Intervenor will further respond when such information 
is received in accordance with Fed. R. Civ. P. 33. 

  

jo)
 

- Q Produce for Lspection C all documents that 
support Or otherwise relate or pertain to your answer to 
Intexyrogatory No. 18, 

  

RESPONSE TO REQUEST FOR PRODUCTION NO. 14: 
  

See response to Interrogatory No. 18. 

5GKMab; kd 

1-11 

11 

 



  

BEFORE ME, the undersigned authority, on this day personally 
: fu yresed + i= 23 yar TO = Wy = vs TERR ade he appeared Representative Larry Evans, who being first duly sworn, i i 7 

on his oath, states: 

"1 am Representative larry Evans and have the. capacity to 
make this Affidavit be ping over the age of eighteen, having never 
been convicted of a crime, and having persons al knowledge of the 
matters herein GOMEoingd, I have read the above Answers to 
Interrogatories of Legislative Black Canons of Texas and the same 
are true and correct, to the best of : : ge and belief." 

  

  

  

Le { Wer an 

REPRESENTATI EVANS 

SWORN TO AND SUBSCRIBED BEFORE ME by the said Representative 

Larry 

this of 

rd 

L (ZAC So 
    

  

ted Name of Notary: 

  

MY ‘COMMISSION EXPIRES: 
= A Nr TI I Ee To LT SN ET Sy       

  

Ls 7 TIC TAN 
KAY DISTEFAND 

    

    
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