Notice of Cross Questions; Cross-Interrogatories

    IN THE FEDERAL COURT OF THE UNITED STATES 
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FOR THE WESTERN DISTRICT OF TEXAS  ///d//7/~ 
MIDLAND/ODESSA DIVISION AE) p 

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go MR 17 19%0 LEAGUE OF UNITED LATIN AMERICAN Tn 9 //; 
CITIZENS (LULAC), ET AL IY /// 

PLAINTIFF SN, // 

MO-89-CA-154 VS. 
  

CIVIL ACTION NUMBER 

WILLIAM CLEMENTS, GOVERNOR OF THE 

STATE OF TEXAS, JIM MAT10X, ATTORNEY 

GENERAL OF THE STATE OF TEXAS, JACK 

RAINS, SECRETARY OF STATE OF THE 
STATE OF TEXAS, ET AL 
  

DEFENDANT 

NOTICE OF CROSS QUESTIONS 
LEAGUE OF UNITED LATIN AMERICAN 

To: PLAINTIFFS/ CITIZENS (LULAC), ET AL by and through their   

attorney(s) of record ALL PLAINTIFF ATTORNEYS OF RECORD 
  

To other party / parties by and through their attorney(s) of record SEE ATTACHMENT OF CERTIFICATE 
  

OF SERVICE 
  

Pursuant to Rule 31(a) of the Federal Rules of Civil Procedure, notice is hereby given that the attached Cross Ques- 
tions pertaining to 
  

HARRIS COUNTY VOTERS 
  

are to be propounded to the Custodian of Records for: 

REGISTRAR OF VOTERS/CARL S. SMITH LOCATED IN HOUSTON , HARRIS COUNTY, TEXAS   

  

before a Notary Public in the State of Texas for 
CONFIDENTIAL COMMUNICATIONS INTERNATIONAL, INC. 
15249 SOUTH I-H 35, SUITE 130, AUSTIN, TEXAS 78704 

Which Cross Questions may be used as evidence upon the trial of the above styled and numbered cause pending in 
the above named court. 

J. EUGENE CLEMENTS 

ATTORNEY FOR 
  

DEFENDANT/INTERVENOR SHAROLYN WOOD 
TX#04366000 

FEDERAL ID NUMBER 928 
700 LOUISIANA #3500 
HOUSTON TX 77002 

(713) 226-0600 

 



  

CERTIFICATE OF SERVICE 

I certify that a true and exact copy of the foregoing Notice Of Intention To Take Deposition by Written Ques- 
tions was transmitted to the respective parties and/or attorneys of record by registered mail, postage prepaid, 
or hand delivered. 

- 9/2159 
  

Rolando L. Rios 
Southwest Voter Registration & 

Education Project 
201 N. St. Mary's, Suite 521 
San Antonio, Texas 78205 

Mr. Jim Mattox 
Attorney General's Office 
P. O. Box 12548 

Austin, Texas 78711 

Mr. Michael J. Wood 
Attorney at Law 

440 Louisiana, Suite 200 
Houston, Texas 77002 

Mr. Robert H. Mow, Jr. 
Hughes & Luce 
2800 Momentum Place 
1717 Main 
Dallas, Texas 75201 

Mr. Darrell Smith 
10999 Interstate Hwy. 10, #905 
San Antonio, Texas 78230 

Mr. William L. Garrett 
Garrett, Thompson & Chang 
8300 Douglas, Suite 800 

Dallas, Texas 75225 

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

  

by Sibir as Bigins 

Mr. Julius Levonne Chambers 
NAACP Legal Defense and 

Educational Fund, Inc. 
99 Hudson Street, 16th Floor 
New York, New York 10013 

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

Mr. Edward B. Cloutman, III 
Mullinax, Wells, Baab & Cloutman 
3301 Elm St. 
Dallas, Texas 75226-1637 

Mr. E. Brice Cunningham 

777 8. R.. L. Thornton Pwy, Ste. 
Dallas, Texas 75203 

Mr. Ken Oden 
Travis County Attorney 
P. O. Box 1748 
Austin, Texas 78767 

Mr. David R. Richards 
Special Counsel 
600 W. 7th Street 
Austin, Texas 78701 

Mr. Mark H. Dettman 

Attorney at Law 
P. O. Box 2559 
Midland, Texas 79702 

 



  

IN TBE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), ET AL 

VS. 

C. A. MO-88-CA-154 
WILLIAM CLEMENTS, GOVERNOR OF THE 
STATE OF TEXAS, JIM MATTOX, 
ATTORNEY GENERAL OF THE STATE OF 
TEXAS, JACK RAINS, SECRETARY OF 
STATE OF THE STATE OF TEXAS, ET Al D

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CROSS-INTERROGATORIES 
  

TO: CARL S. SMITH, REGISTRAR OF VOTERS, 1001 PRESTON STREET, HOUSTON, TEXAS 
77002 

Pursuant to the Federal Rules of Civil Procedure, Judge 

Sharolyn Wood, Defendant-Intervenor, requests that CARL S. 

SMITH, Registrar of Voters for Harris County, Texas, answer the 

following Cross-Interrogatories. 

  

INSTRUCTIONS 

1. When responding to the following interrogatories, 

please consider all necessary reports, incidents, and/or 

observations which occurred in the last ten (10) years. 

2 Please attach all copies of reports and/or documents 

mentioned in your responses, and please include any documents 

and/or reports which both form the basis of your opinions and 

commemorate any incidents described in your responses. 

3. Each Cross-Interrogatory below shall operate and be 

construed independently, and unless otherwise indicated no 

 



Cross-Interrogatory limits the scope of any other 

Cross-Interrogatory. 

4. In answering these Cross-Interrogatories, you are 

requested to furnish such information as is available to you, 

including information which you are able to obtain by due 

diligence from your staff, employees, agents, or other persons 

acting on your behalf. 

CROSS-INTERROGATORIES 
  

Please state how long you have been the County Clerk for 
Harris County, Texas. 

Please describe the responsibilities of your office with 
respect to elections for district court judges in Harris 
County. 

Specifically, state whether it is one of the 
responsibilities of your office to receive claims of (a) 
vote fraud, (b) voter discrimination and/or (c) electoral 

discrimination. 

Please state whether any racially or ethnically motivated 
incidents of voting-related discrimination during a Harris 
County election for district judges have been reported to 
your office. 

If so, please describe any such reports, and state the dates 
when they were filed or attach copies. 

Please state whether any reports have come to your attention 
during any Harris County election for district judge where 
racially or ethnically motivated actions or statements by a 
candidate affected the election process, or, in your 

opinion, determined an election outcome.  



  

10. 

11, 

12, 

13. 

14. 

15, 

If so, please describe any reports which form the basis of 
your answer, and state the dates when they were filed. 

Please state whether any political group has been able to 
control the selection of a slate of candidates for district 
judge in Harris County so as to inhibit the election of 
Blacks and Hispanics to judicial office, and if so, please 
identify both the groups and candidates involved. 

Please state whether any campaign for a district judgeship 
in Harris County has included appeals or issues relating 
directly or indirectly to discrimination based on race or 
ethnicity. 

If so, please give the dates of such campaigns, the names of 
the candidates and describe the specific issues involved. 

Please state whether, in any campaign for district judge in 
Harris County, any political parties or groups have directly 
or indirectly either excluded Blacks and/or Hispanics from, 
or restricted their access to, the political process in any 
race for a district judge position in Harris County. 

If so, please identify the groups and candidates involved 
and state the date of the campaigns during which such 

incidents occurred. 

Please state whether during any campaign for district judge 
in Harris County it has been reported to your office that 
any candidate has made overt or subtle racial or ethnic 
voter appeals, and if so, please describe. 

Please state whether during any campaign for district judge 
in Harris County it has been reported to your office that 
any organization or group has made overt or subtle racial or 

ethnic voter appeals, and if so, please describe. 

Please state whether any group or organization has been 
reported to have either attempted to influence or coerce 
White voters or White groups into voting against Hispanic or 
Black candidates in a Harris County election for district 
judge. 

 



  

16. Please state whether any Black or Hispanic group or 

organization has been reported to have either attempted to 

influence or to coerce Black or Hispanic voters or Black or 
Hispanic groups into voting against White candidates in a 

Harris County election for district judge. 

17. Please state whether any law, rule or regulation pertaining 
to a Harris County election prohibits bullet voting. 

18. Please state whether any incidents of racial hostility or 
tension between Hispanic or Black and White candidates 
during any campaign or election for district judge in Harris 
County have been reported to your office. 

19. If so, please describe any such reports, and state the dates 

when they were filed. 

20. Please state whether, in your opinion, during any election 

for Harris County district judge White bloc voting has 

impaired the access of Blacks or Hispanics to the electoral 

process and/or minimized or cancelled Black or Hispanic 
voters' abilities to elect representatives of their own 
choice. If so, please explain your answer fully. 

21. Please state whether, in your opinion, Blacks and/or 
Hispanics, individually or collectively, form a politically 

cohesive group in Harris County, Texas. 

Respectfully submitted, 

PORTER & CLEMENTS 

pis his. 

fra : a 
rr Byi ILC er i. 3 

J. Eugene Clements 
\. ~~ Federal ID Number 928 

00 Louisiana, Suite 3500 
Houston, Texas 77002-2730 

713/226-0600 

  

  

ATTORNEY-IN-CHARGE FOR DEFENDANT- 
INTERVENOR JUDGE SHAROLYN WOOD