Motion for Leave to File Amicus Brief (FRAP 29) on the Issue of Emergency Stay; Brief of Amicus Curiae of Jefferson County Judges

    IN THE UNITED STATES COURT OF APPEALS), 4, 

FOR THE FIFTH CIRCUIT Ty NF 

  

NO. 90-8014 

  

LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) et al 

Plaintiffs-Appellees, 

versus 

JIM MATTOX, Attorney General of the State of Texas et al 

Defendants, 

and HARRIS COUNTY DISTRICT JUDGE SHAROLYN WOOD, 

Intervenor-Defendant-Appellant 

  

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE 

(FRAP 29) ON THE ISSUE OF EMERGENCY STAY 

  

Interest of the Applicants: We, the Petitioners, in our individual 
  

capacities, are incumbent Judges of Jefferson County, Texas. Most of 

us are presently involved in an election in progress. Our professional 
  

careers and such individual rights as we may possess as incumbent 

candidates are affected directly by whether the Order below is 

stayed. We have a clear, present and immediate interest in such 

rules as may apply to the on-going election process of 1990. 

 



  

Why a Brief of Amicus Curiae is Desirable: Being directly 
  

involved in the mechanics of the election process of 1990, we stand in 

a unique position shared by none of the litigants below. 

We seek to take no position on the merits of the decision 

below, but can provide direct insight into the immediate effect of the 

"interim" remedy which we believe creates an emergency. It is our 

belief that the shape and timing of the remedy imposed below has 

more significance to Plaintiffs, Defendants, Interveners and to the 

State of Texas than does the decision on the merits. To this 

immediate, emergency problem, we may provide insight. 

The judges seeking leave to file a amicus curiae brief are; 

Larry Gist, Criminal District Judge of Jefferson County, 

Texas, and Presiding Administrative Judge of the Courts of Jefferson 

County, Texas. 

Leonard J. Giblin, Jr., 252nd District Judge of Jefferson 

County, Texas. 

Robert P. Walker, 279th District Judge of Jefferson 

County, Texas. 

Jack R. King, 136th District Judge of Jefferson County, 

Texas. 

James M. Farris, 317th District Judge of Jefferson 

County, Texas. 

Gary Sanderson, 60th District Judge of Jefferson 

County, Texas. 

Mike Bradford, 58th District Judge of Jefferson County, 

Texas. 

 



  

WHEREFORE, Petitioners pray that they permitted to file 

an Amicus Curiae Brief on the limited issue of whether an emergency 

stay should be granted. 

Respectfully submitted, 

Rd 

  

yo” a 4 
yr” : az = : 7 

sr = “” = oe per 
Bi cco ET nig RR TT 

Tom Maness, District Attorney / j¥ : 

Jefferson County, Texas, se / 

Tom Rugg, Assistant District 

Attorney 

Jefferson County Courthouse 

Beaumont, TX 77701 

409-835-8550 

 



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

NO. 90-8014 

  

LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) et al 

Plaintiffs-Appellees, 

versus 

JIM MATTOX, Attorney General of the State of Texas et al 

Defendants, 

and HARRIS COUNTY DISTRICT JUDGE SHAROLYN WOOD, 

Intervenor-Defendant-Appellant 

  

BRIEF OF AMICUS CURIAE 

DISTRICT JUDGES OF JEFFERSON COUNTY, TEXAS 

ON THE QUESTION OF EMERGENCY STAY 

(CONDITIONALLY FILED, FRAP 29) 

  

Defendant-Intervenor Judge Sharolyn Wood's Emergency 

Application For Stay should be granted. 

Petitioners adopt and include herein, the BRIEF OF 

AMICUS CURIAE ON THE QUESTION OF EMERGENCY STAY, filed with 

the Court by 27 Incumbent Harris County Judges. 

In the instant case, the remedy (if any be needed) should 

require more time, thought and deliberation that did the decision on 

the merits. The remedy, if any, is in fact the recreation of one of the 

 



  

independent branches of State government for the nine most 

populous counties in Texas. It should be as well designed and 

permanent and as deliberate and thoughtful as craftsmanship can 

produce. It should be shaped not only to meet the perceived 

infirmities on the present system, but also to create a fair, flexible 

and permanent structure for the future. 

The present "Interim" Order accomplishes none of these 

goals and should be stayed. The Governor of Texas will shortly call 

the Texas Legislature into Special Session to consider the Texas 

method of judicial selection. 

This Honorable Court should provide the State Legislature 

of Texas as well as the people of Texas pursuant to its Constitution a 

reasonable opportunity to determine the method of judicial selection 

in conformity with the law. 

To permit that to occur, the Order below must be stayed. 

Respectfully submitted, 

- - ——— " ~~ a - 

— _— i A 

[ 

  

Al Lal C0 WE 

Tom Maness, District Attorney 8 

Jefferson county, Texas, by; 1 
Tom Rugg, Assistant District 

Attorney 

Jefferson County Courthouse 

Beaumont, TX 77701 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that on the 10th day of January 1990, a true 

and correct copy of the above and foregoing instrument was mailed 

to counsel of record in this case by first class United States mail, 
postage prepaid, addressed as follows: 

Mr. J. Eugene Clements 

Evelyn V. Keys 
Porter & Clements 

3500 NCNB Center 

P. O. Box 4744 

Houston, TX 77210-4744 

Darrell Smith 

10999 Interstate Hwy. 10, No. 905 

San Antonio, TX 78230 

Michael J. Wood 

440 Louisiana, Suite 200 

Houston, TX 77002 

William L. Garrett 

Brenda Hall Thompson 

Garrett, Thompson & Chang 

8300 Douglas, Suite 800 

Dallas, TX 75225 

Rolando L. Rios 

201 N. St. Mary's, Suite 521 

San Antonio, TX 78205 

Susan Finkelstein 

201 N. St. Mary's, Suite 600 

San Antonio, TX 78205 

Julius Levonne Chambers 

Sherrilyn A. Ifill 

99 Hudson Street, 16th Floor 

New York, N. Y. 10013 

 



  

Gabrielle K. McDonald 

Matthews & Branscomb 

301 Congress Avenue, Suite 2050 
Austin, TX 78701 

Attorney General Jim Mattox 
Mary F. Keller 

Renea Hicks 
Javiar Guajardo 

P. O. Box 12548 
Austin, TX 78701 

Edward B. Cloutman, III 

Mullinax, Wells, Baab & Cloutman 

3301 Elm Street 

Dallas, TX 75203 

E. Brice Cunningham 

777 South R. L. Thornton Freeway, No. 121 

Dallas, TX 75203 

Robert H. Mow, Jr. 

Hughes & Luce 

2800 Momentum Place 

1717 Main Street 

Dallas, TX 75201 

Mike Ramsey 

2120 Welch 

Houston, TX 77019