Witherspoon v. Illinois Motion for Leave to Participate in Oral Argument as Amicus Curiae

    J 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 

und 99 Hudson Street, New York, N.Y. 10013#(212) 218-1900 

July 19, 1984 

Larry Menefee, Esq. 

Blacksher, Menefee & Stein, P.A. 

405 Van Antwerp Building 
P. O. Box 1051 
Mobile, Alabama 36601 

RE: MAJOR v. TREEN 
  

Dear larry: 

I enclose my attorney's fee affidavit at long last. 

I hope you and my co-counsel forgive my delay in 

getting this to you. Please let me know if you need 

any more information. For your records IDF has 

advanced to Bill Quigley $550.00 in fees and to 

Jim Kellogg $75.00 in fees and $10,051.46 in expenses 

for which they have agreed to reimburse LDF directly. 

Accordingly, I did not include these amounts in my 

proposed submission to the court. 

Sincerely, 

1G/xt 
Enclosures 

cc: Jim Kellogg 
Bill Quigley 
Stan Halpin 
Armand Derfner 

Contributions are deductible for U.S. income tax purposes 

The NAACP LEGAL DEFENSE & EDUCATIONAL FUND is not part of the National Association for the Advancement ot Colored People although it 

was founded by it and shares its commitment to equal rights. LDF has had for over 25 years a separate Board, program, staff, office and budget.  



MAJCR v. TREEN 
  

SUMMARY OF AFFIDAVIT AND APPENDICES SUBMITTED BY C. LANI GUINIER 
  

Total Fees and Expenses 
  

Total Fees (Base Rate) 

(1.5 Multiplier) 

  

  

$111,088.00 

2,817.50 

$113,905.50 
= 

$170,858.25 

§ 5,032.91 

'1.405.34 

166.78 

8,582.49 

§ 15,187.52 
  

  

 



IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

BARBARA MAJOR, et al., 

Plaintiffs, 

v. : Civil Action No. 82-1182 

Section C 

DAVID C. TREEN, etc., 

Defendants. 

STATE OF NEW YORK 

COUNTY OF NEW YORK 

C. LANI GUINIER, being duly sworn, deposes and says: 

1. I am one of the attorneys for the plaintiffs in this 

case, and I am employed as Assistant Counsel of the NAACP Legal 

Defense and Educational Fund, Inc. ("Legal Defense Pand"). I 

submit this affidavit in support of plaintiffs’ application 

for an award of attorneys' fees, costs and expenses. 

2. The Legal Defense Fund is a nonprofit corporation 

which was founded in 1940 and which has since furnished legal 

assistance in cases involving claims of racial discrimination 

and deprivation of constitutional rights before state and fed-  



eral courts throughout the nation. See NAACP v. Button, 371 
  

U.S. 415, 421 n. 511963). The Legal Defense Fund has been 

approved by the Appellate Division of the State of New York 

to function as a legal aid organization, and it has been cited 

by the United States Supreme Court as having "a corporate repu- 

tation for expertness in presenting and arguing the difficult 

questions of law that frequently arise in civil rights liti- 

gation." NAACP Vv. Button, supra, 371 U.S. at 422. Attorneys 
  

affiliated with the Legal Defense Fund have represented the 

plaintiffs in landmark cases involving constitutional and 

voting rights issues which have been decided by the Supreme 

1/ ; ay hy 
Court,~ the Fifth Circuit,” and other Circuilts. 

3. Neither I nor any other attorney on the staff of the 

Legal Defense Fund has accepted or expects to receive any 

compensation or reimbursement from the plaintiffs in this case. 

  

1/ Escambia County Vv. McMillan, 80 L.Ed.2d 36 (March 27, 1984); 

Bolden v. City of Mobile, Ala., 446 U.S. 55 (1980), remanded, 542 

F. Supp. 1050 (S.D. Ala. 1982); United Jewish Organizations V. 

Carey, 430 U.S. 144 (1977); East Carroll Parish School Bd. 

v. Marshall, 424 U.S. 636 (1976); Allen v. Board of Elections, 

393 U.S. 544 (1969); Anderson Vv. Martin, 375 U.S. 399 (1964); 

Terry v. Adams, 345 U.S. 261 (1953); Smith v. Allwright, 321 

U.S. 649 (1944); Lane v. Wilson, 307 U.S. 268 (1939); Nixon 

v. Condon, 286 U.S. 73 (1932). 

  

  

  

  

  

  

  

  

  

2/ Wallace v. House, 377 F. Supp. 1192 (W.D. La. 1974), 

SEf'd 515 F.0d 610 (5th Cir. 1975) rev'd, 425 U.S. 947 

(1976), remanded, 538 F.2d 1138 (5th Cir. 1976); Bond Vv. 

White, 508 F.2d 1397 (1975); Gilmore v. Greene County Democra- 

tic Party Exec. Com., 435 F.2d 287 (1970); Bell v. Southwell, 

376 F.2d 659 (1967); Smith v. Paris, 386 F.2d 979 (1967); 

Hall v. Nagel, 154 F.2d 931 (1946); Mitchell v. Wright, 154 

F.2d 924 (1946), cert. denied, 329 U.S. 733 (1946). 

  

  

  

  

  

  

  

  

3/ Brown v. Bd. of Sch. Com'rs of Mobile County, Ala., 706 

F.2d 1103 (llth Cir. 1983); Coalition For FG. in Dist. 1 v. 

Board of Elec., City of N.Y., 495 F.2d 1090 (2nd Cir. 1974); 

Baskin v. Brown, 174 F.2d 391 (4th Cir. 1949); Rice v. Elmore, 

165 F.2d 387 (4th Cir. 1947), cert. denied, 333 U.S. 875 

(1948). 

  

  

  

  

  

   



No counsel fees, costs, or expenses will be obtained for work 

done or money spent on this case by the Legal Defense Fund or 

its staff attorneys unless the Court awards such fees, costs, 

and expenses against the defendants. Any such award to attor- 

neys employed by the Legal Defense Fund will be paid over to 

the Legal Defense Fund. 

4. I am admitted to practice law before the following 

courts: The Supreme Court of the United States, the United 

States Courts of Appeals for the Fifth, Sixth and Eleventh 

Circuits; the United States District Courts for the Eastern 

District of Michigan and the District of Columbia; the District 

of Columbia Court of Appeals; and the Supreme Court of Michigan. 

5. Attached as Appendix A to this affidavit is a resume 

which correctly summarizes my biographical data, educational 

background, employment history, and professional experience. 

6. Since my graduation from Yale Law School in 1974, I 

have specialized in civil rights and constitutional litiga- 

tion. From 1974 to 1976 I was a law clerk to a federal dis- 

trict court judge. During my clerkship, I was responsible for 

reviewing many cases involving constitutional law issues. 

From 1977 to 1981, I was Special Assistant to the head of the 

Civil Rights Division in the United States Department of Jus- 

tice. During this period, I worked on a number of civil and 

criminal cases involving claims of deprivation of civil and 

constitutional rights. For example, I had major responsi- 

bility for drafting the amicus brief filed in the district  



court by the United States in Chavis v. State of North Carolina, 
  

637 F.2d 213 (4th Cir. 1980). 1 was one of two trial attorneys 

representing the United States in the civil rights prosecution 

in Booker v. United States, 655 F.2d 562 (4th Cir. 1981). I 
  

also helped reorganize the Voting Rights Section Five Unit, and 

consulted with the Assistant Attorney General on Section Five 

submissions. Since April 1981, I have worked primarily on 

voting rights cases as a staff attorney at the Legal Defense 

Fund. I was the Fund's principal representative in the success- 

ful 1982 legislative effort to extend and amend the Voting 

Rights Act of 1965. 

7. I have broad experience in the litigation of voting 

rights cases under the Voting Rights Act and the Constitution. 

In addition to the case at bar, I have had substantial respon- 

sibility for representing prevailing parties in Gingles Vv. 

Edmisten, No. 81-803 (E.D.N.C. Jan. 27, 1984) (three judge 

court), stay denied, No. A-653 (Feb. 27, 1984) (Burger, 

C.J.) ,reapplication for stay denied, No. A-653 (March 5, 

1984) (By the Court), and Valteau v. Edwards, No. 84-1293 
  

(E.D. La. March 21, 1984), stay denied, No. A-770 (March 28, 

1984) (By the Court). I represented successful habeas corpus 

petitioners in Bozeman V. Lambert, C.A. 83-H-579-N (M.D. 
  

Ala. April 13, 1984) and Wilder v. Lambert, C.A. 83-H-580-N 
  

(M.D. Ala. April 13, 1984) wherein the court termed my repre- 

sentation "highly effective and competent." Memorandum 

Opinion and Order at 4, filed June 29, 1984. I had a sub- 

stantial role in preparing the amicus brief filed by the Legal Defense 

Fund in Rogers v. Lodge, 458 U.S. 613 (1982), and Flateau Vv. 
  

Anderson, 537 F. Supp. 257 (S.D.N.Y. 1982), (three judge court), 

appeal dismissed, 458 U.S. 1123 (1982).  



8. I have made a number of presentations and lectures to 

conference and training programs on voting rights litigation and 

related topics. The most recent of these conferences and pro- 

grams include the following: 

Boston Lawyers Committee for Civil Rights Under Law 

Symposium on the 1964 Civil Rights Act, Seminar on 

Political Participation, Boston, Massachusetts, 

June 1984 

Thirtieth Anniversary of Brown v. Board of 

Education, "With All Deliberate Speed," 

Yale Law School, April 1984 

  

Fourth National Policy Institute for Black 

Elected Officials, a nonpartisan and educational 

conference, sponsored by the Joint Center for 

Political Studies, 

Seminar on The Voting Rights Act, 

washington, D.C., March 1984 

Lawyers Conference on "Enforcing Section 2 of 

the Voting Rights Act," Seminar on proving a 

Section 2 violation in redistricting cases, 

Lawyers Committee for Civil Rights Under Law, 

New Orleans, Louisiana, March 1984 

Association of Southern Political Scientists, 

Seminar on Minority Vote Dilution 

Birmingham, Alabama, November 1983 

Consultation on Citizen Responsibility, 

Political Participation, and Government 

Accountability, The New World Foundation, 

New York, N. Y., September 1983 

Lecture to graduate seminar on Local Government 

Election Systems, 

The University of Texas at Austin, 

Lyndon B. Johnson School of Public Affairs 

Professors Barbara Jordan and Terrell Blodgett 

September 1983 

Keynote speaker, University of Michigan, 

Journal of Law Reform, "Enforcement of the 

Voting Rights Act" 
March 1983 

9. I am co-author with Drew S. Days, III, of a chapter 

entitled "Enforcement of Section 5 of the Voting Rights Act" 

in Cc. Davidson (ed.), Minority Vote Dilution (Howard Univer- 
  

sity Press 1984).  



10. My hourly rate is $160.00 per hour. Attached as 

Appendix B to this affidavit is a schedule ot the hours 

which I have spent on tnis case rrom my 1lnitial involvement 

in 1981 through July 17, 1984. These hours were compiled 

from contemporaneous time records which I have maintained 

throughout this period. 

11. In addition to the hours listed in Appendix B, 

other attorneys employed by the Legal Defense Fund, or coop- 

erating with the Fund, have reviewed documents filed in this 

case and have conferred with me from time to time concerning 

this case. These attorneys include Director-Counsel Jack 

Greenberg, First Assistant Counsel Lowell Johnston and 

Charles Stephen Ralston, and Assistant Counsel Napoleon B. 

Williams. In addition, Janice McCaughan, a law student em- 

ployed at the Legal Defense Fund from May 1984 through 

August 1984 worked a total of 80.5 hours devoted to 

assisting counsel in the preparation of plaintiffs' post- 

trial memoranda of law and preparation for oral argument. 

In order to provide a conservative statement of the time 

spent on this case and to eliminate any hours which might 

conceivably constitute a duplication of effort, the Legal 

Defense Fund is not requesting fees for the services of 

attorneys Jack Greenberg, Johnson, Ralston or Williams. 

12. Attached as Appendix C is the Statement of Time of 

Janice McCaughan. 

13. Attached to this affidavit are the following 

appendices reflecting expenses paid or incurred by the Legal 

Defense Fund in this case from 1981 through July 17, 1984:  



Appendix D: A summary of expenses for travel, 

food, and lodging. 

Appendix E: A summary of expenses for photocopy- 

ing and postage. 

Appendix F: A summary of long distance telephone 

calls. 

Appendix G: A summary of Court and Court Reporter 

Costs, Witness Fees and other miscellaneous cos paid by LDF. 

poli 
C. LANT GUINIER 
  

Subscribed and sworn to before 

me this /9" aay of July, 1984. 

PS (Fer 
otarv_ Pu HERS 
Notary Ful State cof New York 

spr 
No. 67-464C8490 

Quelified in Westchester Son. 

Commission Expires March 30, 18 

  

 



APPENDIX A 

CAROL LANI GUINIER 

Date of Birth: 

April 19, 1950 

(212) 662-1171 

Education 

Preparatory: Andrew Jackson High School 

st. Albans, New York, graduated June, 

1967 

Honors: Graduated 3rd in Class of 

1,447 

Undergraduate: Radcliffe College (Harvard University) 

Cambridge, Massachusetts 

B. A. Cum laude, June 1971 

Honors: Dean's List, 1967-1971 

Honors Major (Social Studies) 

National Achievement Scholarship 

for Outstanding Negro Students, 

sponsored by the National Merit 

Corporation and The New York 

Times, 1967-1971 
  

Professional: Yale Law School 

New Haven, Connecticut 

J.D., June 1974 

Honors: Finalist, John Fletcher Caskey 

Prize Trial, 1973 

Director, Barristers Union Board, 

1973-1974 

Legal Experience: 
  

Assistant NAACP Legal Defense & Educational Pund, Inc. 

Counsel: 99 Hudson Street, l6th Floor 

New York, N. Y. 10013 

APPENDIX A  



Special 
Assistant: 

APPENDIX A 

I litigate in all areas of civil rights 

law, although I work primarily on voting 

rights cases. I also work on our legisla- 

tive docket. For example, I was the LDF 

representative in Washington providing 

technical assistance to the effort to 

extend and strengthen the Voting Rights 

Act Of 1965. 

Drew S. Days, III, Assistant Attorney 

General, Civil Rights Division, United 

States Department of Justice, Washington, 

D. C. 20530, October 1977 to February 1981. 

I consulted and advised the Assistant 

Attorney General and other staff members 

in the development and implementation of 

Division policies involving enforcement of 

all civil rights statutes and laws admin- 

istered by the Department of Justice. I 

also litigated cases with the Division's 

Appellate, Criminal and General Litigation 

Sections. I was responsible for Human 

Rights Liaison with the State Department 

and the United States Congress Commission 

on Security and Cooperation in Europe. I 

coordinated and supervised Department-wide 

investigations into complaints of domestic 

human rights violations. I acted as a 

deputy for the Civil Rights Division for 

legislation. I received a Special 

Commendation Award for my work on the amicus 

brief that the Department filed in the 

Wilmington Ten case; I also received two 

Outstanding Performance Ratings. 

Wayne County Juvenile Court 

1025 E. Forest, Detroit, Michigan 48207 

September 1976 - September 1977 

Presided over all juvenile court proceedings 

except waiver cases and jury trials. Con- 

ducted pre-trial conferences with attorneys, 

took testimony, ruled on motions and objections 

of attorneys, made findings of fact and 

recommended dispositions to the Probate Court 

Judge. Adjudicated delinquency as well as 

dependency/neglect cases where court had 

jurisdiction. Set bond and authorized the 

filing of petitions at Preliminary Hearings. 

APPENDIX A  



APPENDIX A 

Law Clerk: The Honorable Damon J. Keith, Chief Judge, 

United States District Court, Eastern 

District of Michigan (Now Judge, United 

gtates Court of Appeals, Sixth Circuit) 

August 1974 - August 1976. 

Was responsible for researching the law 

and preparing memoranda, recommendations, 

and orders on all motions; researching 

and preparing drafts of opinions to be 

entered by the court; handling all prisoner 

correspondence and supervising Writ Clerk 

with habeas corpus and civil rights cases 

filed by prisoners; preparing jury 

instructions. 

  

Bar Associations 
  

Admitted to: District of Columbia Bar = March 1980 

State Bar of Michigan - April 1975 

United States Supreme Court 

United States Court of Appeals 

Fifth, Sixth and Eleventh 

Circuits 

United States District Courts 

Eastern District of Michigan 

District of Columbia 

Professional Member of Board of Directors: 

Associations Lawyers Committee for International 

Human Rights 

Public Interest Law Foundation of 

New York University School of Law 

  

National Conference of Black Lawyers 

APPENDIX A  



    

APPENDIX B 

MAJOR v. TREEN 
  

STATEMENT OF TIME 
QF 

C. LANI GUINIER 
  

Services Rendered 
  

Initial Conference with Halpin, Kellogg and Quigley in 

New Orleans. 

Met again with Quigley and Kellogg 

Conference call with Napoleon Williams and Kellogg 

Telephone conversation with Kellogg 

Conversation with Quigley 

Conversations with Quigley and Kwan 

Travelled to DC to meet with Robert Kwan, U.S. Dept. of 

Justice, to review file of Louisiana Congressional sub- 

mission to see State's Response to Request for more 

information 

Met with attorneys from Davis, Polk re research for brief 

on applicability of §2, legislative history and standards 

of new Act 
Met with Kellogg, Quigley and Scheckman 

Met with Kellogg, Quigley and Scheckman to discuss litiga- 

tion strategy re: Nov. election as/as necessity for hiring 

expert, etc. 

Called Kellogg; also talked to Bernie Grofman re our proof 

Met with Davis,Polk re: research/brief on §2 as amended 

Prepared amended complaint and discussed depositions with 

Department of Justice staff 

Conference with co—-counsel 

Telephone call to Department of Justice and Kellogg 

Researched law of executive privilege to anticipate 

M/Quash Subpoena on Reynolds, Kwan, Jones and Hebert; 

FOIA request, convinced Kellogg to depose legislators 

APPENDIX B    



    

Services Performed 
  

Spoke to DC clerk re: subpoena 

Spoke to Kellogg re: depositions 

Telephone conversations with Iowell & Armand 

re: DOJ response to Notice of Depositions; 

conversations with staff lawyer re: DOJ offer; 

conversation with Kellogg re: depositions 

Spoke to Quigley, Hebert. 

Reviewed DOJ file on Congressional Submission 

Reviewed DOJ file on Congressional Submission 

pursuant to agreement not to enforce subpoena, 

call to Kellogg and Quigley from D.C. 

Researched law for enforcement of subpoena of 

non-party deponent & questions of evidence for 

Motion in Limine 

Spoke for 1 hour to Armand Derfner on telephone 

re: Motion in Limine; also consulted Nabrit, 

Schnapper & Kellogg 

Research & drafted Motion in Limine & Brief and 

Offer of Proof 

Researched law on Motion in Limine & began drafting 

brief to exclude evidence of Justice preclearance 

Drafted brief and affidavit after reviewing infor- 

mation received from Justice; edited and mailed 

to Louisiana for filing 

Drafted Supplemental Affidavit; consulted Nabrit, 

Iowell & Ron Ellis; mailed Federal Express to 

Kellogg for filing 

Telephone call with Stan Halpin re: strategy and 

funding of his court time; also spoke to Kellogg 

re: expert testimony; organized files in preparation 

for trial 

Organized files for trial; reviewed documents 

Preparation for argument in Motion in Limine; 

researched law in response to defendant's Motion 

to Disqualify    



    

APPENDIX B 

Services Performed 
  

Researched law re: Def's Motion to Disqualify; 

conferred with Iowell & Clyde re: strategy; 

travelled to New Orleans; conferred w/Kellogg 

and prepared for argument 

Argued Motion in Limine; conferred with Kellogg, 

Quigley & Halpin at breakfast and that after- 

noon; called DCI and arranged to have documents 

authenticated; prepared the documents 

Attended pre-trial conference; interviewed Logsden 

Cassimere and Engstrom (expert witnesses); talked 

with Henderson re: deposition 

Attended deposition of Henderson; conferred with 

Halpin and Kellogg re: trial strategy in view 

of ruling on Motion in Limine; travelled back to 

New York arrived home at 11:30 P.M., because flight 

cancelled 

Re-organized files; wrote to DOJ re: authenticating 

documents and attached 19 exhibits 

Discussed conclusions of law with Kellogg for pre- 

trial brief 

Reviewed Dave Treen's deposition 

Discussion with Jim Kellogg in preparation to defend 

depositions of 3 experts 

Forty-five minute telephone call w/ Engstrom and 

Kellogg to prepare for Engstrom's deposition, 8 hours 

researching and drafting Proposed Conclusions of Law 

Drafted and edited Proposed Conclusions of Law; dis- 

cussed findings of fact with Kellogg and sent him 

my comments 

Redrafted Conclusions of Law after discussing them 

with Kellogg; also drafted on 2/23/83 Motion to 

enroll as attorney; discussed Clehardy's deposition 

Shipped files to New Orleans in preparation for trial; 

reviewed and collected cases 

Trial preparation; completed Conclusions of Law 

Travelled to New Orleans; met with co-counsel; divided up 

trial assignments    



    

APPENDIX B 

Services Performed 
  

Met with expert witnesses; prepared direct exam 

Travelled to Baton Rouge to meet Turnley (6 hour 

trip and meeting) ; met with Engstrom; worked with 

Kellogg on opening; reviewed exhibits 

Drafted Trial Memorandum 

Finished drafting memo; met with Cassimere and 

prepared direct examination 

Trial in court from 9 - 7:00; prepared direct exam 

from 8 - 1:00 AM 

In court from 9 A.M. until 6:30 P.M.; prepared Cross 

~ of defendant Treen 

In court from 9 A.M. until 1:00; preparation of cross 

from 2 P.M., until 2 A.M. 

In court from 9 A.M., until 10:30 P.M. 

Conferred with co-counsel re: post-trial briefing; 

packed and shipped files back to New York; arrived 

home at 10:30 p.m. 

Conference Derfner 

Conferred with Kellogg re: budget and expenses; 

drafted memo to Jack Greenberg re: new budget 

Reviewed requests for payment and requisitioned expense 

money for Gordon, Shirley Lasker and Kellogg 

Draft Post-trial findings 

Reviewed transcript; summarized 

Drafted post-trial findings 

Post trial findings; conferred with Halpin 

(co=counsel) 

Edited findings (draft I) 

Rewrote findings 

Findings of fact post-trial 

Conferred with co-counsel in New Orleans; 

reviewed exhibits 

Reviewed exhibits and draft findings with co-counsel    



    

APPENDIX B Ww 

Services Performed 
  

Met with Kellogg from 9:30 - 12:30 A.M., re: 

findings 

left New Orleans at 9:45 A.M.; arrived hame at 

4:30 P.M. 

Conferred with Kellogg on phone re: review of 

exhibits 

Began revising post-trial findings 

Worked from 4:30 P.M., until 11:00 P.M., on findings; 

taxi home 

Findings of fact post-trial (6 hrs.). Conversation 

with Halpin re: findings (1 hr.) 

Findings post-trial-proofed 2nd draft; revised, 

researched law; reviewed exhibits (8 hours) talked 

with Kellog (10 min.) and Halpin (20 min.) re: evidence 

Re—wrote findings to incorporate trial exhibits and 

evidence; researched law for proposed conclusions 

Edited findings 

Revised findings 

Edited and proofed findings (9 hours). Researched 

law for Conclusions of Law (3 hours). Left work 

at 12:30 A.M., and took cab home 

Wrote Conclusions of Law; proofed and edited findings; 

consulted with Stanley Halpin and Jim Kellogg about 

inserts and transcript references -- took taxi 

home at 10:00 P.M. 

Final revision of findings 

Researched law for post-trial brief 
Researched law for post-trial brief; reviewed briefs 

filed in other Section 2 cases; drafted first 6 pages 
of Statement of Facts 

Researched law; drafted pages 8-13 of Statement of 
Facts for Trial Brief and Response 

Worked from 10:00 A.M., until Noon and from 7:30 P.M., 

until 9:30 P.M., on brief. Took taxi hame 

Wrote a draft brief in response to 

defendant's post-trial memorandum 

Fe 

APPENDIX B    



  29 

Sept.29 

30 

Nov. 21   

APPENDIX B 

Services Performed 
  

Reviewed defendant's memorandum again; continued 

writing plaintiff's post-trial brief 

Post-trial brief; reviewed cases cited by defendants; 

finished drafting Statement of Facts; proofread second 

draft 

Worked from 6:00 P.M., until 2:00 A.M., on post-trial 
brief 

Finished 2nd draft of facts portion of brief; finished 

1st draft of legal argument. Worked until 2:00 A.M. 

Conferred with Armand Derfner about remedy portion of 

brief 

Spoke with Stanley Halpin about remedy portion of 

brief; finished writing 2nd draft; proofread portion 

that was typed 

Reviewed and appended recent 6th Circuit case; proof- 

read brief; prepared it for filing; discussed remedies 

with Jim Kellogg 

Worked on argument for court hearing on 6/29; reviewed 

Supreme Court case and collected slip opinions at 

request of Politz's law clerk 

Prepared for oral argument on 6/29/83 

Preparation for oral argument on 6/29 

Moot court from 4:00 - 7:30. Prepared before and 

after, reviewing cases cited in brief and supervising 

law student research on incumbency, constitutional 

issues and hearsay 

Researched in office for 4 hours; travelled from 3:30 

- 8:30 P.M., with Napoleon Williams discussing argu- 

ment and strategy; reviewed Supreme Court opinion on 

plane; prepared from 9:00 - 3:00 A.M. 

Prepared from 8:00 A.M. - 11:30 A.M. Moot court 

from 12:00 - 1:00 P.M. In court from 1:15 - 3:30 P.M. 

Travelled from New Orleans to Birmingham - 6:00 - 9:30 P.M. 

Preparation of judgment per order of coutt 
Prepared judgment; proofed 

Telephone conversation with co-counsel re: notice of 
appeal - .2. Research/conversation with Stephen 
Ralston about Supreme Court procedure .4 

Bi 

APPENDIX B    



    

APPENDIX B 

Services Performed 
  

Reviewed notice of appeal and motion to intervene .3 

Discussed with Quigley ol 

Discussed with Napoleon Williams .4 

Discussed strategy with Stanley Halpin for 

approaching motion to intervene and notice 

of appeal 
Met with Kellogg re intervention of Bruneau in light 

of defendant's notice of appeal, called Quigley 

Researched law on intervention 

Research on intervention 

Intervention research 

Three hours Sunday writing Response to Intervention 

Seven hours jonisy re=writing 
Called co—counsel 

Preparation of attorney fee statement 

Draft attorney fee affidavit 

Conference call re attorney's fees 

Preparation affidavit and exhibits, 8:00 - 10:25 PM, 

taxi home 

Affidavit revision 

Conversation with Larry Menefee 

Preparation of affidavit and exhibits 

Affidavit & exhibits 

Total 

or 

APPENDIX B    



®. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

Plaintiffs, 

CIVIL ACTION 

NO. 82-1192 

Defendants. 

AFFIDAVIT 

STATE OF NEW YORK 

COUNTY OF NEW YORK 

Janice McCaughan being duly sworn, deposes and says as follows: 

1. I am a student at Columbia Law School. I will be graduating 

in June, 1984. 

2. I was employed as a legal intern at the NAACP Legal Defense 

and Educational Fund, Inc. during the summer of 1983. 

3. Under the direct supervision of Lani Guinier, Esq., 

I performed the various tasks in this case listed on the Statement 

of Time which is attached hereto as Exhibit A. Exhibit A is an 

accurate statement of the time spent and was prepared by me from 

individual time sheets I prepared contemporaneously with the task 

described. Additional time spent in discussions, conferences and 

travel which was not recorded is not included. 

APPENDIX C   
 



  

APPENDIX C 

4. This affidavit has ben prepared for use in connec- 

tion with plaintiffs' application for fees and costs. I have no 

personal interest in any fees or costs recovered in connection 

with my work in this case, such sums being payable to the NAACP 

Legal and Educational Defense Fund, Inc. 

  

WY CCperho 
> ad 

Sworn to before me 

this _ s4 day of lov. 

¥ hot 
Notary Public // , 

FLORENCE J. GRANT 
Notary Publis, State of New York 

Qualified or Ne York Coun 
Comision CR March mr 

  

     



Exhibit "A" To Appendix C 

  

Statement of Time 

of 

JANICE McCAUGHAN 

Services Rendered 
  

Researching for memo - evidence issue of admissibility 

of hearsay statements introduced not for proving their 

truth 

Case table, checking cites 

Researching cases for memorandum and taking notes 

Writing draft of memorandum 

Writing memorandum on hearsay issue 

Finishing memorandum on hearsay issue   
Rechecking memorandum on hearsay issue. Adding cases 

and emphasizing fact patterns 

Researching cases on incumbency protection and 

reapportionment 

Working on memorandum on validity of incumbency 

protection in Congressional apportionment cases 

(voting rights) 

Writing memorandum on incumbency protection - 

voting rights. Turned in. 

Reworking memorandum on incumbency protection 

Reworking memorandum (emphasing other issue) state 

legislative apportionment and standard constitutional 

review under equal protection clause 

Reading latest USSC cases taking notes for argument 

on Wednesday 

Reading latest USSC cases on voting rights and 

compiling notes 

Total 
a —— 

Exhibit A to Appendix C        



SUMMARY OF EXPENSES PAID BY LDF FOR TRAVEL, FOOD AND LODGING 

Amount 

626.00 

92.25 

146.00 

703.95 

1896.67 

508.05 

35.65 

478.59 

535.75 

10.00 

$ 5,032.91 

Conference with co-counsel and plaintiffs in 

New Orleans (LG) 

Travel to D.C. to review Justice Dept. files 

(IG) 

Travel to DC to review DOJ files (IG) 

Hearing on Pre-trial Motions, Depositions, 

Trial prep. (LG) 

Trial prep. and Trial (LG) 

Post-trial brief, Review exhibits, confer 

with co-counsel New Orleans (LG) 

Local taxis (LG) 

Hearing, New Orleans (LG) 

Hearing, New Orleans (NEW) 

Local taxis (LG) 

  

 



APPENDIX E 

SUMMARY OF IDF EXPENSES FOR MAJOR v. TREEN 

(Photocopying at .15 per page and postage) 
  

Photocopying: 

Date Amount 

1/10/83 $ 30.45 Section 5 Submission & WER Itinerary (203 pp) 

1/12/83 17.10 Work copy (114 pp) 

1/17/83 105.00 Brief, Motion, affidavits (700 pp) 

1/24/83 8. 40 work Copy (56 pp) 

1/24/83 73.50 Work Copy (490 pp) 

2/25/83 6.00 Conclusions of Law (40 pp) 

3/25/83 5.10 Bills & Receipts (34 pp) 

3/27/83 20.52 Color xeroxing 

5/3/83 21.75 Findings of Fact (145 pp) 

6/15/83 149.55 Post-trial brief (997 pp) 

6/20/83 48.75 Memorandum (325 pp) 
6/23/83 24.75 Brief (165 pp) 

6/27/83 36.00 Cases requested by court 

9/26/83 364.50 Memorandum Opinion (2430 pp) 

9/26/83 121.50 Memorandum Opinion (818 pp) 

9/28/83 3.00 News clipping (20 pp) 

9/29/83 182.25 work copy (1215 pp) 

10/24/83 60.75 Opinions (405 pp) 

1/24/83 10.20 Various legal papers (68 pp) 

Total $ 1289.07 
  

APPENDIX E  



POSTAGE 

Date Item 

1/10/83 Motion and Brief to Kellogg by 
Federal Express 

1/12/83 Supplementary affidavit to James 
Kellogg, Esq., by Federal Express 

3/11/83 Trial material to Lani Guinier 

by UPS 

6/9/83 Findings of Fact & Conclusions of 
Law, Purolator, to James R. 

Rellogg, Esq. 

12/12/83 Opposition to intervention sent to 

William Quigley 

$ 116.27 

Photocopying $ 1289.07 

Postage 116,27 
Total S$ 1405.34 
  

  

 



MAJOR V. TREEN 
  

Summary of LDF long distance telephone records 

Date 

¥l-12-82 

11-23-82 

11-30-82 

11-30-82 

12-9-82 

12-12-82 

12-15-82 

12-16-82 

12-17-82 

12-17-82 

12-17-82 

1-6-83 

1-7-83 

1-19-83 

1-19-83 

1-19-83 

1-19-83 

1-21-83 

Appendix F 

 



Appendix F 

MAJOR v.TREEN 
  

Summary of LDF long distance telephone records (Cont'd) 

Appendix F  



Appendix F 

MAJOR v.TREEN 
  

$166.78 

Appendix F 

-3-.  



APPENDIX G 

SUMMARY OF COURT AND COURT REPORTER QOSTS, WITNESS FEES, 

AND MISCELLANEOUS COSTS PAID BY IDF 

Date Paid 

March 11, 1982 

July 14, 1983 

February 16, 1983 

March 28, 1983 

April 8, 1983 

May 26, 1983 

May 31, 1983 

Total 
——— 
—— 

Amount 

$ 3,558.28 

60.00 

53.50 

86.65 

381.49 

1,654.90 

1,126.85 

658.63 

1,002.19 

$ 8,582.49 

Description 

Campensation to G. Henderson for analysis 

of data 

Court cost 

Legal printing 

Associated Investigators for service of 

subpoenas 

Shirley Laska, expert witness fee 

Gordon Henderson, expenses only for deposition 

J.H. Echezabal, trial transcript 

Trial transcript 

G. Henderson, trial expenses