Response to Motion by District Judges of Jefferson County for ate Filing of Amicus Curiae Brief

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May 1, 1990 
JIM NIATTOX 

ATTORNEY GENERAL 

VIA FEDERAL EXPRESS 

Gilbert Ganucheau, Clerk 

Fifth Circuit 

600 Camp Street 
New Orleans, Louisiana 70130 

  

Re: LULAC v. Mattox, No. 90-8014 

Dear Mr. Ganucheau: 

Enclosed for filing in the above-referenced cause are the original 
and three copies of a Response to Motion by District Judges of 
Jefferson County for Late Filing of Amicus Curiae Brief. 

Si) 

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Renea “Hicks 
Special Assistant Attorney General 

P.O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085 

cc: Counsel of Record 

SHUR [AGB =2100 SUPREME COURT BUILDING AUSTIN, TEXAS 78711-2548  



UNITED STATES COURT OF APPEALS 
FIFTH CIRCUIT 

LEAGUE OF UNITED LATIN 

AMERICAN CITIZENS, et al., 
Plaintiffs-Appellees, 

VS. No. 90-8014 

JIM MATTOX, et al., 
Defendants-Appellants. on

 
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RESPONSE TO MOTION BY DISTRICT JUDGES OF JEFFERSON 
COUNTY FOR LATE FILING OF AMICUS CURIAE BRIEF 

The Attorney General of Texas, on behalf of the State of Texas, 

responds as follows to the Motion by District Judges of Jefferson County for 

Late Filing of Amicus Curiae Brief ("Jefferson County Motion to File"): 

1. The Attorney General's Office had no notice of the filing of the 

Jefferson County Motion to File until it received a copy of the motion and 

the accompanying brief on April 30, 1990, the day after oral argument in the 

case. On that same day, we received a copy of the order granting the 

motion. Therefore, this response by the Attorney General is made as soon as 

reasonably possible. 

2. The Attorney General does not oppose the motion, except 

insofar as it might be construed to be filed on behalf of the state district 

judges of Jefferson County in their official capacities, as opposed to their 

personal capacities. In their official capacities, the Jefferson County district 

judges can only be represented by the Attorney General, unless he permits 

representation by other counsel. Such permission has been neither sought 

nor granted for the Jefferson County district judges.  



  

“ ® 

3 The Jefferson County Motion to File fails to specify in which 

capacity the Jefferson County district judges are proceeding, despite the 

fact that the purported attorneys for the judges must be on notice that the 

capacity question has been and continues to be a hotly contested one in this 

case. The motion and its accompanying brief should be construed as being 

filed for the judges only in their personal capacities. Insofar as it is 

construed as being filed for the judges in their official capacities, it should 

be treated as a nullity. 

Respectfully submitted, 

JIM MATTOX 
Attorney General of Texas 

MARY F. KELLER 
First Assistant Attorney General 

ee Weed, 
REET 
Special Assistant Attorney Shed 

  

JAVIER GUAJARDO 
Assistant Attorney General 

P. O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085 

CERTIFICATE OF SERVICE 

I certify that on this 1st day of May, 1990, I sent a copy of the 
foregoing document by regular 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 

~9. 

 



  

* ¢ 
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; John Ll. 
Hill, Jr., Liddell, Sapp, Zivley, Hill & LaBoon, 3300 Texas Commerce Tower, 
Houston, Texas 77002; Walter L. Irvin, 5787 South Hampton Road, Suite 
210. Lock Box 122, Dallas, Texas 75232-2255; James George, Jr., Graves, 

Dougherty, Hearon & Moody, P.O. Box 98, Austin, Texas 78767; Paul Strohl, 
100 Founders Square, 900 Jackson Street, Dallas, Texas 75202; Seagal V. 
Wheatley, Oppenheimer, Rosenberg, Kelleher & Wheatley, Inc., 711 
Navarro, Sixth Floor, San Antonio, Texas 78205; Jose Garza, MALDEF, 140 
East Houston, Suite 300, San Antonio, Texas 78205; and Tom Rugg, 
Assistant District Attorney, Jefferson County Courthouse, Beaumont, Texas 
77701. 

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Renea Hicks