Corrections to and Harris County Judge Proposed Interim Plan;

    i DON E. WITTIG 
— }, WA JUDGE, 125TH DISTRICT COURT 

EY CiviL COURTS BUILDING 
Wh HOUSTON, TEXAS 77002 (713) 221.5577 

December 27, 1989 

Deputy Clerk John D. Neil 
U. 8. Courthouse 

P. O. Box 10708 

Midland, Texas 79702 

Re: LULAC v. Mattox; MO-88-CA-154 
  

Dear Sir: 

There are three typographical errors on page 7 of 
the "Harris County District Judge Proposed Interim Plan." 
At the top of page 7 the 142nd Legislative District should 
read the 148th Legislative District. In the middle of the 
page under Harris County District C, the 189th appears both 
as a civil court and as a criminal court. It should be 
deleted as a criminal court. Under the asterisk at the bottom 
of the page the 189th once again appears as both a civil court 
and criminal court. It should be deleted as a criminal court. 

Enclosed you will find a corrected page 7 which I 
would request you present to the Court, together with this 
letter explaining the typographical errors. 

With kindest regards, I remain, 

CATH >) 
Don E. Wittig 

DEW : mm 

Enc. 

 



HARRIS COUNTY DISTRICT B 

  

  
  

LEGISLATIVE 

DISTRICT DISTRICT COURT TYPE 

148, 143 157th Civil 

232nd Criminal 

HARRIS COUNTY DISTRICT C 

This will consist of all remaining courts listed under the headings 
of Civil, Criminal, Juvenile, and Family Law except the two courts 
randomly selected for inclusion in District A. District C will 
geographically include all legislative districts not listed in 
Districts A and B. 

  
  

LEGISLATIVE 

DISTRICT DISTRICT COURT TYPE 

125,126,127, 128, 313th, 314ih, and 315th Juvenile 
129, 130, "132,.-133, 113th, :189ch, 190th, 234th, 
134,135, 136, 137, 269th, 270th,. 280th,  281st, 
138, 140,144, 145, and 295th Civil 
149, 150 180th, 182nd, 183rd, 184th, 

209th, 228th, 230th, 

248th, 262nd, and 263rd Criminal 

245th, 247th, 257th, 303th, 
309th, 310th, 3lith, and 
312th Family 

*The Additional Courts 1 and 2 will be randomly selected from the 
following list by types of court: 

Juvenile - 313th, 314th, and 315th   

Civil - 113th, 189th, 190th, 234th, 269th, 270th, 230th, 

281s, and :295th 
  

Criminal - 180th, 182nd, 183rd, 184th, 209th, 228th, 

230th, 248th,. 262nd, and 263xd 
  

Pamily - 245th, 247th, 257th, 308th, 309th, 310th, 311th, 

and 312th 

(Corrected) 

 



CERTIFICATE OF SERVICE 

I certify that on the 27th day of December, 1989, I sent 
a copy of the foregoing document by first class mail to each of 
the following: William L. Garrett, Garrett, Thompson & Chang, 
8300 Douglas, Suite 800, Dallas, Texas 75225; Rolando Rios, Southwest 
Voter Registration & Education Project, 201 N. St. Mary's, Suite 521, 
San Antonio, Texas 78205; Sherrilyn A. Ifill, NAACP Legal Defense 
and Educational Fund, Inc., 99 Hudson Street, 16th Floor, New York, 
New York 10013; Gabrielle K. McDonald, 301 Congress Avenue, Suite 2050, 
Austin, Texas 78701; Edward B. Cloutman, III, Mullinax, Wells, Baab & 
Cloutman, P.C., 3301 Elm Street, Dallas, Texas 75226-1637; J. Eugene 
Clements, Porter & Clements, 700 Louisiana, Suite 3500, Houston, 
Texas 77002-2730; Robert H. Mow, Jr., Hughes & Luce, 2800 Momentum 
Place, 1717 Main Street, Dallas, Texas 75201, and Renea Hicks, 
P. O. Box 12548, Capitol Station, Austin, Texas 78711-2548. 

(Mow & [Til 
Don E. Wittig 

  

  

 



DON E. WITTIG 
JUDGE, 125TH DISTRICT COURT 

CiviL. COURTS BUILDING 

HouUsTON, Texas 77002 

TST TS 
— NTH TT J 

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

Hudson Street, 16th Floor 

w York, New York 10013 

i 3 4311 
§ whe ih FREE 

Yosthite © RA 

Inc. 

 



UNITED STATES DISTRICT COURT 

FOR ‘THE WESTERN. DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

  

LEAGUE OF UNITED LATIN AMERICAN ) 

CITIZENS (LULAC).,: COUNCIL #4434 ) 

et al. ) 

Plaintiffs, ) 
AND Ey ) 

HOUSTON LAWYERS ASSOCIATION ) 

et al. ) 

Plaintiff-Intervenors ) 

) 
Vv. ) MO-88-CA-154 

) 
JIM MATIOY, et al. ) 

ML he State Defendants" ) 
AND : ) 

JUDGE SHAROLYN WOOD AND ) 

JUDGE F. HAROLD ENTZ ) 

HARRIS COUNTY DISTRICT JUDGE 

PROPOSED. INTERIM PLAN 
  

The Harris County District Judge plan Lo propoied based 

‘upon the invitation of the Court for plans from interested persons. 

The proposed plan pertains to Harris County District Courts only 

and encompasses all courts now scheduled for election in 1990.. The 

interim remedy addresses the alleged Voting Rights Act violations. 

GUIDING PRINCIPLES 

The following stated rationale were used: 

1) Effectuate full and effective voting franchise for minorities 

‘whi ls metneatning full and effective Sot ing franchise or the 

majority. ‘The Harris County District Judge plan, referred hereafter 

as the "Harris County plan," does not itself violate the Voting 

Rights Act and Baker v. Carr as does the LULAC/Mattox plan.” Nor   

does the plan force upon the vast majority of Harris County 

 



  

citizens/voters who do not seek relief a plan that disenfranchises 

‘them from voting for 98%:of their district judges." (One state: - 

representative district divided by 36 district judge. slots, .including 

Adi nmnt of two district judges to soe districes, equals 27 

chk dt one 26 Taribtons | | 

The Harris County plan promotes the sreatest stability of 

the judiciary and preserves integrity by application to the broadest 

base of citizens/voters possible while at the same tine 2ddtessing’ 

ZEACHBOTIRL Tr CORT Renn RR Re ER SRE SRA 

Penaus 1a or more sitting medium-to-senior tenure judges with over 100 

years experience, the Harris County plan would allow for necessary 

"changes without hou out the baby with the bath." 

2.2). + .The 139390 primary. and. general elections. may go. Forward, minimizing 

“he ataripr ion to Te tt to the 1997 Serie 

3) The plan may be implemented on a partisan or nonpartisan basis. 

4) The plan does not include highly disruptive features of the 

LAC i al ey to-wit: (5) i Saar elections requiring 211.39 

district judges to run en masse in 1992, eliminating staggered terms 

and increasing stability: (b) goes ok reguive Me total revamping. 

Sain ne Salva PI Eb ieihany Tides punning Co 

in 1990;. (4d) does not violate the basic constitutional premise of 

- one man, one: Yous, or the Voting fleas Act; (e) does N00 deprive 

| the majority of Harris PEL, voters he thels voice in the Se tediion 

of all the judges who affect their lives. 

 



DESIGN OF THE Pl.AN 

  

~The. plan will use existing state representative districts =... 

and provide "safe seats’ for the Black and Hispanic minorities. 

The remainder of the county will vote "at larvae,” 

~ELECTTON METHOD‘ AND RESIDENCY REQUIREMENT = 

Each: candidate for district judge shall .run at-large .or in. 

one of the two minority subdistricts. Each candidate must be a 

resident of the: county but need rot be. a igsident of tlie election... 

dL EER fp Tv a Ji 

COURT DESIGNATION 

Each candidate shall select to run at large: or in one of 

the two minority subdistricts by designated court number. 

TERMS OF OFFICE 
ALL terms’ of office under the interim plan shall continue. 

under the existing statutes and constitution of the state Seine 

for full four-year terms where applicable under the present laws 

and two-year térms where candidates seek to fill unexpired existing 

terms. This will provide the greatest stability and the least 

amount of disruption vis-a-vis the LULAC/Mattox plan which is in 

“direct vielation of mimercus staté statutes ds well as the Texds 
Cihotbhrrn. CG Re a 

OTHER MATTERS OF ELECTION AND COURT ADMINISTRATION 

‘Jurisdiction and venue are unaffected. No special recusal 

riles would be allowed ‘on thé interim plan’ bit could rightfully be 

 



    

considered by the Legislature, if after study and proper legislative 

.. process they were deemed appropriate: 

Upon filing, each candidate shall designate the place for 

lickin or she ‘is running. 

The right to file ds a’ éandidate for office by petition 

based upon countywide signatures:is retained, but under the. interim. 

plan only 50 signatures would be required for the 1990 elections. 

(The proponents do not object to Ga a 

eR Pe TRE 1990 Sect ionEy bist a a minimum number such as 50° would “*" © 

help promote more qualified candidates who might otherwise simply 

place their names on the ballot and be truly unknown to any of the 

citizens of Harris County.) Any candidate who has previously filed 

Tey. do - the following: (a) withdraw the fee and withdraw from the 

“race; (by Lh, Fle 1 in i peta 2 suet wy PHIRI 

tion. 

The filing period or withdrawal period shall be extended 

until January 12, 1994 or such SEHLY date as the Court may choose 

to implement. Party chairs shall deliver the list of candidates to 

‘the Secretary. of State by the. later of. February 1, 1990. or 238... 

days after the dave of ing Aran implementing. wo yt 
A in RR CER - a 

PARTISAN ELECTIONS 

. Partisan elections. shall continue in force. and effect. 

This is necessary because only the respective parties have the 

iil) = 

 



  

® 

  

machinery to run primary elections. This plan would be again the 

“least disruptive and promote the greatest stability. However, the Sa 

proponents do not oppose the nonpartisan application of this plan. 

SPECIALIZED COURTS | 

‘The proponents would leave specialized courts, alse called" 

specialty courts, in place in the interim, once -again. to promote 

the greatest stability and to decrease disruption. Because the 

‘metropolitan areas:-of Texas have highly specialized attorneys, 

pie and practices. the specidlization by the colirts incredses” 

the efficiency and predictability of the courts. However, the plan 

could be implemented with the elimination of specialties, which 

designation, the proponents feel, is more appropriately left with 

the Texas Legislature. = 

on TE rh Ty gt 
For the 1990 elections, Harris Coaliey hag 36 district 

courts up for election. Under the Harris County plan, those courts 

should ba elected per the following attachment, Exhibit "A." 

  

        
    To hg ge SE a A 

 125¢h DIstElck Coit iis mrs) 
Civil Courts Building 
Houston, Texas 77002 

 



    

HARRIS COUNTY PLAN OVERVIEW 

District A shall consist of six existing district courts   

geographically saniing in six currently existing legislative 

diaLitots) Commie: MBL 000 Cyn 140 146 and 1IT Waot thie 

same as ‘the DULAC/Mattox plan. The courts assigned ro'thar district 

by number will be open courts, courts presently occupied by a member 

of the affected minority, and two selected at random either by this 

ionant or bY Tose om DEOL, dnintetrabive Buise of. the Socom: 

Judicial Administrative Region. 

District B shall consist of two emisting district courts   

geographically running in two existing state representative districts, 

143 and 148. 

  HE Ce RL ORE CI IG ate 

Sona Lehi of the remaining 18 axiat ig state representative districts 

and electing the remaining 28 judges. Voters in each respective 

district wold Ghd for ‘the Sada in thelr district oily and would 

not be given a double vote in any other district. 

i HARRIS COUNTY DISTRICT A- 
LEGISLATIVE ah ST : 

    
DISTRICT a  TTRIOL COURT PE 

131, 139, 14%, 55¢h Civil 
Y42, 146, 147. 185ch Criminal 

208th : Criminal 

Tr i iE A CSE ER YC 
eR Add L.. Court Lon vin ao CEVEL 
*Adé'1l. Court 2 Juvenile 

 



¢ 

HARRIS COUNTY DISTRICT B 
LEGISLATIVE 

DISTRICT oor ie iia. DISTRICT COURT. Lo nto TYPES,     

142, 143 ke 157th. A Mi Ede pr RS | 
ee 28200 Shr rT Criminal 

HARRIS COUNTY. DISTRICT C : 

This will consist of all remaining courts listed under the headings 
of Civil, Criminal, Juvenile, and Family Law except the two courts 

randomly selected for inclusion in District A. District C will 
geographically include all logisiacive districts not listed in 
Districts A and B. : ‘ | | 

DISTRICT DISTRICT COURT TYPE     

125, 126, 127, : 313ch, 314th, and 315ch Juvenile 
129,330, 132 3, 113ch, 189ch, 196th, 234th, ae 
134, 133,..136, : 269th, 270th, 280th, 281lst, 
138, 140, 144, . and 295th Civil 
149, 150 -130ch, 182nd, 183rd, 134th, 

189th, 209th, 228th, 230:¢h, | 
+ 248th, 262nd, and 263rd -.-€riminal 
245th; 247th, 257th, 308¢h,. TL SL 

CT 300¢h, 310ch, Tleh; and 
312th Family 

¥ The Additional. Courts ‘1 and 2: will be randomly selected from the 

following list by types of court: 

Juvenile - 313th, 314th, and 315th   

Civil - 113th, 189th, 190th, 234th, 269th, 270th, 280th, - 
Ga: 281st, and 295th’ Cl ELE en RR Shalt 

Criminal’ ~ 180, 182nd, 18374; 184th, 189th. 209eK; 
228th, 230th, 248th, 262nd, and 263rd 

  

Family =~ 245th, 247th, 257th, 308th, 30%9ch, 310th, 311th, 

and 312¢h  



  

¢ Lod 

CERTIFICATE OF SERVICE 

  

sie ‘I .certify that.on the 22nd day of. December; 1989, I.sent 
a ‘copy of the foregoing document by first class mail to each of 

1 the, following: .. William L. .Garrett, ‘Garrett, Thompson & Chang, 

'8300 Douglas, Suite 800, Dallas, Texas 75225; Rolando Rios, Southwest 
Voter Registration & Education Project, 201.N. St. Mary's, Suite 521, 

. San Antonio, Texas 78205; 1Sherellyn A: AfilY, NAACP Legal Defense 
‘and Educational Fund, Inc., 99 Hudson Street, 16th Floor; ‘New York) 

New York 10013; Gabrielle K. McDénald, 301 Congress Avenue, Suite 2050, 
Austin, Texas 78701; Edward B:."Cloutman, III, Mullinax, Wells, Baab & = 
Cloutman, P.C., 3301 Elm Street, Dallas, Texas 75226-1637; J. Eugene 

Clements, Porter & Clements, 700 Louisiana, Suite 3500, Houston, 

Texas 77002-2730; Robert H. Mow,  Jr.,. Hughes & Luce, 2800 Momentum 
Siu Plade, 1717 Main Street, Dallas, Texas - 75201, -and- Renea. Hicks, = 

ig BP. 0 Box, 12545: Lapigol Station, Austin, Texas. 78711- 2548, 

21d 
     

  

  

Don E. Wittig 

 



DON E. WITTIG 
JUDGE, 125TH DISTRICT COURT 

CiviL. COURTS BUILDING 

HOUSTON, TEXAas 77002 

  
Ms. Sherrilyn A. Ifill 

NAACP Legal Defense and Educational Fund, Inc. 
99 Hudson Street, 16th Floor 

New York, New York 10013 
# 3 

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