Defendant Wood's First Set of Interrogatories and Requests for Production of Documents to The Black Legislative Caucus

    THE UNITED STATES DISTRICT COURT 

THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 

CITIZENS (LULAC), et al., 

Plaintiffs, 

JAMES MATTOX, Attorney General 
of the State of Texas, et al., 

S 

S 

S 

S 

S 
Ve § NO. MO-88-CA-154 

S 

S 

S 

S 
Defendants § 

S 

DEFENDANT WOOD'S FIRST SET OF 
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS 
  

TO: Black Legislative Caucus, by and through its attorney of 
record, Gabrielle K. McDonald, Esqg., Matthews & Branscomb, 
301 Congress Avenue, Suite 2050, Austin, Texas 78701. 

In accordance with the provisions of Rules 33 and 34 of the 

Federal Rules of Civil Procedure, Intervenor-Defendant Sharolyn 

Wood submits these Interrogatories and Requests for Production of 

Documents to the Black Legislative Caucus. 

You are to answer the following interrogatories within 15 

days, but you may produce all items responsive to these requests 

at the offices of Porter & Clements, 3500 RepublicBank Center, 

700 Louisiana, Houston, Texas, on ‘or before 10:00 a.m. on 

April 4, 1989. 

 



DEFINITIONS AND INSTRUCTIONS 
  

DEFINITIONS: 
  

(a). Definition of" "request": request shall mean these 

Interrogatories and Requests for Production of Documents.   

(b) Definition of "document": for purposes of = this   

request, a document shall include any method of reducing and   

recording information in written form, whether a memorandum, a 

letter, a note, etc, including without limitation papers, books, 

accounts, drawings, graphs, charts, photographs, electronic or 

videotape recordings, computer disks or tapes or other forms of 

computer memory storage, and other data compilations from which 

information can be obtained and translated, if necessary, by you, 

into reasonably usable form. The term document shall also be   

understood to include any other tangible thing which constitutes 

or contains matter relevant to the subject matter of this suit. 

'c) Definition of "identify": for purposes of ' this 
  

request, (i) when used with reference to a person or entity, the 

term "identify", shall mean to state the full name of such person 
  

or entity and his/her/its last known address and telephone 

number; (ii) when used with reference to a document, the term   

"identify" shall mean to describe the document, its date of 
    

creation and the name of its author. 

(d) Definition of "or": for purposes of this 

shall mean and/or.  



  

INSTRUCTIONS: 
  

(a) The Interrogatories which follow are to be answered 

separately and fully, in writing and under oath, signed by the 

person making said answers. 

(b) This request applies to all documents and information   

within your possession, custody or control. 

(c) Documents produced in response hereto shall be   

organized and designated to correspond to the categories in this 

request or produced as they are kept in the usual course of 

business. 

(d) A copy of your response to each Request for Production 

should be served on the undersigned attorneys within thirty (30) 

days after service of this request. 

(e) If privilege or work product protection is claimed as a 

ground for withholding production of one or more documents in 
  

whole or in part, the response hereto shall identify the date of 

the document, its author, its subject matter, its length, its 
  

attachments, if any, its present custodian and all recipients 

thereof, whether indicated on the document or otherwise, and 
  

shall describe the factual basis for the claim of privilege or 

work product protection in sufficient detail to permit the Court 

to adjudicate the validity of the claim of privilege or protec- 

tion. 

(£) * In the event that a document called for by this request   

has been destroyed, the response hereto shall identify the 

 



  

preparer of the document, its addressor (if different), 
  

addressee, each recipient thereof, each person to whom distribut- 

ed or shown, date prepared, date transmitted (if different), date 

received, a description of its contents and subject matter, the 

date of its destruction, the manner of its destruction, the name, 

title and address of the person authorizing its destruction, and 

the reason(s) for its destruction, the name, title and address of 

the person destroying the document and a description of efforts 
  

to locate the document or recording and copies of it. 

(g) This request shall be deemed to be continuing so as to 

require supplemental response in accordance with Rule 26(e) of 

the Federal Rules of Civil Procedure. 

 



  

INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS 
  

Interrogatory No, l: 
  

As to each person you expect to call as an expert witness in 

the trial of this case: 

  

(a) identify each person; 

(b) state the matter(s) on which each person is expected to 

testify; 

(c) state the substance of the facts and opinions to which 

the person is expected to testify, and summarize the grounds for 

each opinion; and 

(d) identify each person whom you have retained as a   

consulting expert in connection with the instant litigation, to 

the extent such person's opinion will be relied upon, in whole or 

in part, by any person identified in Answer to subpart (a) 

hereof. 

Answer: 

Request for Production No. 1: 
  

Produce for inspection and copying each and every document, 
  

including, without limitation, each and every demographic report 

or study or compilation of demographic data, that has been 

submitted to, prepared by, or used by each person you expect to 

call as an expert witness, including his/her associates, with 

regard to the subject matter of this litigation and all documents 
  

 



  

furnished to persons identified in Answer to Interrogatory No.   

1(d4), above. 

Interrogatory No. 2: 
  

State the qualifications of each expert witness and/or 

consulting expert identified in response to Interrogatory No. 1   

to render an opinion with respect to the matters for which you 

have retained his services. 

Answer: 

interrogatory No. 3: 
  

State whether you claim to represent the interests of anyone 

other than the members of Black Legislative Caucus, and explain 

the reasons for your claim. 

Answer: 

Request for Production No. 2: 
  

Produce for inspection and copying all documents that 
  

provide the factual bases for your answer to Interrogatory No. 3. 

Interrogatory No. 4: 
  

Identify all officers and members of the Black Legislative 
  

Caucus. 

Answer: 

 



  

Interrogatory No. 5: 
  

State whether you are claiming that blacks and/or Hispanics 

are denied the right to participate equally in the judicial 

electoral process in Harris County and explain the reasons for 

your answer. 

Answer: 

Request for Production No. 1: 
  

Produce for inspection and copying all. documents that 
  

support or otherwise refer, relate, or pertain to your answer to 

Interrogatory No. 5. 

Interrogatory No. 6: 
  

State whether you are claiming that you have personally been 

denied the right to elect state district judges of your choice 

and the reasons for your answer. 

Answer: 

Request for Production No. 4: 
  

Produce for inspection and copy all documents which support 
  

or otherwise relate or pertain to your answer to Interrogatory 

No. 6. 

 



Interrogatory No, 7: 
  

State whether you are alleging that the system of electing 

state district judges at large in Harris County is the result of 

an intent to discriminate against blacks and/or Hispanics and 

explain the reasons for your answer. 

Answer: 

Request. for Production No. 5: 
  

Produce for Inspection and copying all documents that 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory No. 7. 

Interrogatory No. 8: 
  

(a) State whether you are claiming that the system, 

currently in effect in Harris County, Texas, of electing district 

judges at large to serve specialized functions, such as the 

adjudication of civil disputes or criminal disputes or family law 

matters, should be abolished or otherwise changed; and (b) if 

your answer to part (a) is affirmative, describe in detail how 

you would change said system; and (c) if negative, fully describe 

how each single member judicial district could be drawn to 

preserve judicial specialization. 

Answer:  



  

Request for Production No. 6: 
  

Produce for inspection and copying all documents which 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory No. 8. 

Interrogatory No. 9: 
  

State whether or not you are claiming that blacks and 

Hispanics are or have been denied the right to participate fully 

in the election of state district judges generally in Texas or 

only in certain counties and explain the reasons for your answer. 

Answer: 

Reguest for Production No. 7: 
  

Produce for inspection and copying all. documents that 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory No. 9. 

Interrogatory No, 10: 
  

State whether you are claiming that elections in Harris 

County are characterized by racial bloc voting and explain the 

reasons for your answer. 

Answer: 

 



  

Request for Production No. 8: 
  

Produce for inspection and copying all documents that 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory No. 12. 

Reguest for Production No. 92: 
  

Produce for inspection and copying all documents in your   

possession regarding the size of Texas' population, the total 

number and percentage of blacks, Hispanics, and whites in Texas, 

the number and percentage of blacks, Hispanics, and whites of 

voting age in Texas, and the number and percentage of black, 

Hispanic, and white registered voters in Texas. 

Request for Production No. 10: 
  

Produce for inspection and copying all documents in your 
  

possession regarding the size of the population of Harris County; 

the number and percentage of blacks, Hispanics, and whites in 

Harris County; the number and percentage of blacks, Hispanics, 

and whites in the voting age population of Harris County; and the 

number and percentage of black, Hispanic, and white registered 

voters in Harris County. 

Request for Profuction No, ll: 
  

Produce for inspection and copying all documents that   

indicate the size of the pool of potential black and Hispanic 

attorneys eligible for election as state district judges in 

Harris County, including, without limitation, all documents that 

10 

 



  

indicate the number of black and Hispanic attornevs in Harris 

County and/or their years in practice. 

Request for Production No. 12: 
  

Produce for inspection and copying: all documents that 
  

indicate the percentage of black and Hispanic attorneys among all 

attorneys eligible to run for election as state district judge in 

Harris County. 

hterrogatory No, 1ll: 
  

State whether you are claiming that blacks and/or Hispanics 

form a politically cohesive group or groups of voters in Harris 

County and explain the reasons for your answer. 

Answer: 

Request for Production No. 13: 
  

Produce for inspection and copying all documents that 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory No. 11. 

shterrogatory No. 12: 
  

State whether and, if so, the reasons why, you are claiming 

that black voters and Hispanic voters will combine their votes in 

districts where together they constitute a majority of the 

electorate to vote for a minority judicial candidate over a white 

candidate. 

Answer: 

11 

 



  

Request for Production No. 14: 
  

Produce for inspection and copying all documents that 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory«No. 12. 

Interrogatory No, 13: 
  

Describe in terms of location and demographic makeup each 

and every single member judicial district that you claim could be 

drawn in Harris County with a black, Hispanic, or combined black 

and Hispanic majority. 

Answer: 

Request for Production No, 15: 
  

Produce for inspection and copying all documents that 
  

support or otherwise relate or pertain to your answer to Inter- 

rogatory No, 13. 

Interrogatory No. 14: 
  

State whether or not you are alleging that the determination 

of the size and location of state judicial election districts is 

or should be made on the basis of population and explain the 

reasons for your answer. 

Answer: 

12 

 



  

Reguest for Production No. l6: 
  

Produce for ‘inspection and copying all documents that 

support or otherwise relate or pertain to your answer to Inter- 

rogatory No. 14, 

Interrogatory No. 15: 
  

State whether or not you are alleging that under a single- 

member district system, a minority voter residing in a non- 

minority district should have the right to venue of his case in a 

minority district and the reasons for your answer. 

Answer: 

Respectfully submitted, 

PORTER & CLEMENTS 

N 

Mit BY wri aE — Sg 
L v4 Bugene Clements 
NG 700 Louisiana, Suite 3500 

~~. Houston, Texas 77002-2730 
(713) 226-0600 

  
  

ATTORNEYS FOR HARRIS COUNTY 

DISTRICT JUDGE SHAROLYN WOOD 

OF COUNSEL: 

PORTER & CLEMENTS 

John E. O'Neill 
Evelyn V. Keyes 
700 Louisiana, Suite 3500 
Houston, Texas 77002-2730 

(713) 226-0600 

13 

 



  

CERTIFICATE OF SERVICE 
  

William L. Garrett, Esq. 
Brenda Hall Thompson, Esq. 
Garrett, Thompson & Chang 
Attorneys at Law 

8300 Douglas, Suite 800 
Dallas, Texas 75225 

Rolando L. Rios, Esq. 
Southwest Voter Registration & 

Education Project 
201 N, St. Mary's, Suite 221 

San Antonio, Texas 78205 

Susan Finkelstein, Esq. 
Texas Rural legal Aid, Inc. 
201 N., St. Mary's, Suite 600 
San Antonio, Texas 78205 

Julius Levonne Chambers, Esq. 
Sherrvilyn A. Ifill, Esq. 
NAACP Legal Defense and Educational Fund, 
99 Hudson Street 
16th Floor 
New York, New York 10013 

Gabrielle K. McDonald, Esq. 
Matthews & Branscomb 
301 Congress, Avenue 
Suite 2050 
Austin, Texas 78701 

Jim Mattox, Attorney General of Texas 
Mary F. Keller, First Assistant Attorney General 

I hereby certify that on this n day of March, 
true and correct copy of the above and foregoing document was 
mailed to counsel of record in this case by first class United 
States mail, postage pre-paid, addressed as follows: 

Inc. 

Renea Hicks, Spec. Assistant Attorney General 
Javier Guajardo, Spec. Assistant Attorney General 
P. O. Box 12548 
Capitol Station 
Austin, Texas 78701 

16 

1989, a 

 



  

Edward B. Cloutman, III, Esq. 
Mullinax, Wells, Baab & Cloutman, P.C. 
3301 Elm Street 

Dallas, Texas 75226-1637 

E. Brice Cunningham, Esq. 
777 So. R.L. Thornton Freeway 
Suite 121 
Dallas, Texas 75203 

Ken Oden, Esq. 

Travis County Attorney 
P. 0. Box-1748 
Austin, Texas 78767 

David R. Richards, Esq. 

Special Counsel 
600 W. 7th Street 

Austin, Texas 78701 

Mark H. Dettman 

Attorney at Law 

P.O. Box 2559 
Midland, Texas 79702 

Darrell Smith, Esq. 
Attorney at Law 

10999 Interstate Highway 10, #905 
San Antonio, Texas 78230 

Michael J. Wood, Esq. 
Attorney at Law 
440 Louisiana 
Houston, Texas 77002 

Robert H. Mow, Jr., Esq. 

Hughes & Luce 
2800 Momentum Place 

1717 Main Street 

2 Dallas, Texas 75201 

Gril Voy 
Evelyn V. KeYes 
  

WO001/10 

17