Plaintiffs' Second Amended Complaint

    ROLANDO L. RIOS 

Attorney At Law 

201 N. ST. MARY'S, SUITE 521 

SAN ANTONIO, TEXAS 78205 

' 
512-222-2102 
512-222-0224 

LEGAL DIRECTOR 

FOR 

SOUTHWEST VOTER REGISTRATION 

EDUCATION PROJECT May 11, 1989 

Clerk, U.S. District Clerk 

P.O. Box 10708 

Midland, Texas 79702 

Re:No. MO-88-CA-154; League of United Latin American 

Citizens (LULAC), et al, Vv. Jim Mattox, Attorney General of 

Texas, et al., In the United States District Court for the 

Western District of Texas, Midland-Odessa Division. 

Dear Sir: 

Enclosed for filing in the above-referenced case are the original and two 

copies of Plaintiffs Second Amended Complaint. 

Please file mark the extra COpY and send it to us in the enclosed self 

addressed envelope. 

Also, enclosed are summonses for a recently added defendant. Please return 

those in the enclosed envelope as well. 

   
   £45 7 

Rolando 

Attorney at Law 

RR/ca 

Enclosure 

ce: WILLIAM L. GARRETT 

BRENDA HULL THOMPSON 

Garrett, Thompson & Chang 

8300 Douglas, Suite 800 

Dallas, Texas 75225 

JULIUS L. CHAMBERS 

SHERRILYN A. IFILL 

NAACP Legal Defense & Educational 

Fund, Inc. 

09 Hudson Street, 16th Floor 

New York, N.Y. 10013 

 



  

GABRIELLE K. McDONALD 

Matthews & Branscomb 

301 Congress Avenue, Suite 2050 
Austin, Texas 78701 

KEN ODEN 
Travis County Attorney 
P.O. Box 1748 
Austin, Texas 78767 

SUSAN FINKELSTEIN 
Texas Rural Legal Aid, Inc. 
201 N. St. Mary's, Suite 600 
San Antonio, Texas 78205 

EDWARD B. CLOUTMAN, III 

Mullinax, Wells, Baab & Cloutman, P.C. 

3301 Elm 

Dallas, Texas 75226-9222 

JIM MATTOX 
MARY F. KELLER 
RENEA HICKS 
JAVIER GUAJARDO 
Attorney General's Office 
P.O. Box 12548 
Austin, Texas 78711 

Mr. E.. BRICE CUNNINGHAM 
777 So. R.L. Thorton Freeway, Suite 121 
Dallas, Texas 75203 

 



  

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

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), COUNCIL #4434; 
LULAC COUNCIL #4451; CHRISTINA 

MORENO; AQUILLA WATSON: JOAN 
ERVIN; MATTHEW W. PLUMMER , Sr., 
JIM CONLEY ,VOLMA OVERTON, 
WILLARD PEN CONAT, GENE COLINS, 
AL PRICE, THEODORE M. 
HOGROBROOKS,ERNEST M. DECKARD, 
MARY ELLEN HICKS, REV. JAMES 
THOMAS, and LULAC (Statewide) 

Plaintiffs, 

HOUSTON LAWYERS' ASSOCIATION, 
ALICE BONNER, WELDON BERRY, 
FRANCIS WILLIAMS, REV. WILLIAM 
LAWSON, DELOYD T. PARKER, BENNIE 
MCGINTY, JESSE OLIVER, FRED 
TINSLEY, JOAN WINN WHITE, and THE 
TEXAS BLACK LEGISLATIVE CAUCUS, 

Plaintiff-Intervenors 
Vs. CIVIL ACTION # 

MO 88 CA 154 
JIM MATTOX, Attorney General of 
the State of Texas; JACK RAINS, 
Secretary of State of the State of 
Texas, All in their official 
capacities; THOMAS R. PHILLIPS, 
Chief Justice of the Supreme 
Court of Texas; JOHN F. ONION, JR., 
Court of Criminal Appeals; RON 
CHAPMAN, Presiding Judge of the 
Ist Administrative Judicial 
Region; THOMAS J. STOVALL, JR., 
Presiding Judge of the 2nd 
Administrative Judicial Region; 
JAMES F. CLAWSON, JR., Presiding 
Judge of the 3rd Administrative 
Judicial Region; JOE E. KELLY, 
Presiding Judge of the 4th 
Administrative Judicial Region; 
JOE B. EVINS, Presiding Judge of 
the 5th Administrative Judicial 
Region; SAM B. PAXSON, 
Presiding Judge of the 6th 
Administrative Judicial Region; 
WELDON KIRK, Presiding Judge of 
the 7th Administrative Judicial 

 



  

Region; CHARLES J. MURRAY, 
Presiding Judge of the 8th 
Administrative Judicial Region; 
RAY D. ANDERSON, Presiding 
Judge of the 9th Administrative 
Judicial Region; JOE SPURLOCK II, 
President, Texas Judicial Council, 
LEONARD DAVIS, at-large 
member, All in their official 
capacities as members of the 
Judicial Districts’ Board of the 
State of Texas, 

Defendants 

SHAROLYN WOOD, and F. HAROLD 
ENTZ, 

Defendant-Intervenors 

PLAINTIFFS' SECOND AMENDED COMPLAINT 

I. INTRODUCTION 

1. The members of Plaintiffs LULAC, LULAC COUNCIL #4434 and LULAC 

COUNCIL #4451 and the named individual Plaintiffs are Mexican-American 
and Black citizens of the State of Texas. They bring this action pursuant to 
42 U. S. C. 1971, 1973, 1983, 1988 to redress a denial, under color of state 
law, of rights, privileges or immunities secured to Plaintiffs by the said laws 
and by the Fourteenth and Fifteenth Amendments to the Constitution of the 
United States. 

2. Plaintiffs seek a declaratory judgment that the existing at large 
scheme of electing district judges in the target areas of the State of Texas 
violates Plaintiffs’ civil rights in that such method illegally and/or 
unconstitutionally dilutes the voting strength of Mexican-American and 
Black electors; Plaintiffs seek a permanent injunction prohibiting the calling, 
holding, supervising or certifying of any future elections for district judges 
under the present at large scheme in the target areas; Plaintiffs seek the 
formation of a judicial districting scheme by which district judges in the 
target areas are elected from districts which include single member 
districts; Plaintiffs seek costs and attorneys’ fees. 

 



  

II. JURISDICTION 

3. Jurisdiction is based upon 28 U. S. C. 1343 (3) & (4), upon causes of 
action arising from 42 U. S. C. 1971, 1973, 1983, & 1988, and under the 
Fourteenth and Fifteenth Amendments to the U. S. Constitution. Declaratory 

relief is authorized by 28 U. S. C. 2201 & 2202 and by Rule 57, F. R. C. P. 

III. PLAINTIFFS 

4. Plaintiff LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) is 

a statewide organization whose members are United States Citizens of 

Mexican American and Black descent, and are resident taxpayers of the 

State of Texas, and are qualified to vote for district judges in the various 

counties. 

5. LULAC Council No. 4434 is a local organization whose membership is 

composed of United States Citizens most of whom are of Mexican-American 

and Black descent, and are resident taxpayers of the State of Texas, and are 

qualified to vote for district judges in Midland County. LULAC Council No. 
4451 is a local organization whose membership is composed of United 

States Citizens most of whom are of Mexican-American or Black descent, 

and are resident taxpayers of the State of Texas, and are qualified to vote 
for district judges in Ector County. 

6. Plaintiff CHRISTINA MORENO is a United States Citizen of Mexican- 
American descent and is a resident taxpayer of the State of Texas, and is 
qualified to vote for district judges in Midland County. 

7. Plaintiff AQUILLA WATSON is a Black United States Citizen and is a 
resident taxpayer of the State of Texas, and is qualified to vote for district 

judges in Midland County. 

7a. Plaintiff JOAN ERVIN is a Black United States Citizen and is a 
resident taxpayer of the State of Texas, and is qualified to vote for district 

judges in Lubbock County. 

 



  

8. Plaintiff MATTHEW W. PLUMMER, Sr. is a Black United States Citizen 

and is a resident taxpayer of the State of Texas; he is qualified to vote for 

district judges in Harris County. 

9. Plaintiff JIM CONLEY is a Black United States Citizen and is a resident 
taxpayer of the State of Texas; he is qualified to vote for district judges in 

Bexar County. 

10. Plaintiff VOLMA OVERTON is a Black United States Citizen and is a 
resident taxpayer of the State of Texas; he is qualified to vote for district 

judges in Travis County. 

11. Plaintiff WILLARD PEN CONAT is a Black United States Citizen and is a 

resident taxpayer of the State of Texas; he is qualified to vote for district 
judges in Fort Bend County. 

12. Plaintiff GENE COLINS is a Black United States Citizen and is a 
resident taxpayer of the State of Texas; he is qualified to vote for district 

judges in Ector County. 

13. Plaintiff AL PRICE is a Black United States Citizen and is a resident 
taxpayer of the State of Texas; he is qualified to vote for district judges in 
Jefferson County. 

14. Plaintiff THEODORE HOGROBROOKS is a Black United States Citizen and 
is a resident taxpayer of the State of Texas; he is qualified to vote for 
district judges in Smith County. 

15. Plaintiff ERNEST M. DECKARD is a Black United States Citizen and is a 
resident taxpayer of the State of Texas: he is qualified to vote for district 
judges in Smith County. 

16. Plaintiff MARY ELLEN HICKS is a Black United States Citizen and is a 
resident taxpayer of the State of Texas: she is qualified to vote for district 
judges in Tarrant County. 

16a. Plaintiff REV. JAMES THOMAS is a Black United States Citizen and is 
a resident taxpayer of the State of Texas: he is qualified to vote for district 
judges in Galveston County. 

 



  

IV. PLAINTIFF INTERVENORS 

17. Members of the HOUSTON LAWYERS' ASSOCIATION, ALICE BONNER, 
WELDON BERRY, FRANCIS WILLIAMS, REV. WILLIAM LAWSON, DELOYD T. 
PARKER, BENNIE McGINTY, JESSE OLIVER, FRED TINSLEY, JOAN WINN 
WHITE, and Members of THE BLACK LEGISLATIVE CAUCUS are Black United 
States Citizens and are resident taxpayers of the State of Texas: they are 
qualified to vote for district judges in Texas. 

V. DEFENDANTS 

18. Defendant JIM MATTOX is the Attorney-General of the State of Texas, 

and is the chief law enforcement officer of the state and as such, is 

charged with the responsibility to enforce the laws of the state. Defendant 
JACK RAINS is the Secretary of State of the State of Texas, and is the chief 
elections officer of the state and as such, is charged with the responsibility 

of administering the election laws of the state. Defendants THOMAS R. 
PHILLIPS, JOHN F. ONION, RON CHAPMAN, THOMAS J. STOVALL, JAMES F. 

CLAWSON, JR., JOE E. KELLY, JOE B. EVINS, SAM M. PAXSON, WELDON KIRK, 
CHARLES J. MURRAY, RAY D. ANDERSON, LEONARD DAVIS and JOE 

SPURLOCK, II are members of the JUDICIAL DISTRICTS BOARD created by 

Art. V, Sec. 7a of the Texas Constitution, and pursuant to Art. 24.941 et. seq. 
Texas Government Code. They have the duty to reapportion judicial 
districts within the State of Texas. 

VIL. FACTUAL ALLEGATIONS 

19. District judges are elected either from judicial districts which are 
coterminous with and wholly contained within a county, or from judicial 
districts which are composed of several entire counties. 

20. In those counties which contain more than one judicial district, the 
present election system is an at large scheme with the equivalent of 
numbered places, the majority rule requirement, and staggered terms. 

21. The following counties, which are being challenged in this lawsuit, 
elect the following number of district judges and, according to the 1980 U.S. 
Census, contain the following population: 

 



  

  

# OF JUDGES TOTAL S.S. BLK 
COUNTY ELECTED POP, POP, (%) POP. (%) CM. %* 

Harris 59 2,409,544 369,075 (15.3) 473,698 (19.7) 35.0 

Dallas 36 1,556,549 154,560 ( 9.9) 287,613 (18.5) 28.4 

Bexar 19 988,800 460,911 (46.6) 69,201 ( 7.0) 53.6 

Tarrant 23 860,880 67,632 ( 7.9) 101,183 (11.8) 19.7 

Travis 13 419,335 72,271: (117.2) 44,988 (10.7) 27.9 

Jefferson 8 250,938 10,279 ( 4.1) 70,810 (28.2) 32.3 

Lubbock 5 211,651 41,428 (19.6) 15,780 ( 7.5) 27.0 

Galveston 5 195,940 23,557 (12.0) 36,328 (18.5) 30.6 

McLennan 4 170,755 14,988 ( 8.8) 27,254 (16.0) . 24.7 

Fort Bend 3 130,846 26,656 (20.4) 20,420 (15.6) 36.0 

Smith 4 128,366 4037 ( 3.1) 28,215 (22.0) 25.1 

Ector 4 115,374 24,831 (21.5) 5,154 { 4.5)  .26.0 

Midland 3 82,636 12,323 (14.9) 7,119 ( 8.6) 23.5 

El Paso,Hudspeth, 
and Culberson** 11 485,942 282,691 (58.2) 18,162 (3.7) 61.9 

* Combined Minority 
**Eight district judges are elected at large within El Paso County; the other three are elected at 
large within the three county area of El Paso, Hudspeth, and Culberson Counties. 

22. The following counties comprise a judical area that elects three (3) 
judges at large: EL PASO, CULBERSON, and HUDSPETH. This area contains 
enough minorities that are sufficiently geograghically concentrated that if 
single member districts were created, at least one of those districts would 
be able to elect a minority. 

23. The above areas elect 197 district judges. Each area contains enough 
minorities that are sufficiently geographically concentrated so that if single 
member districts were created, at least one of those districts in each area 
would be able to elect a minority. 

24. Upon information and belief, in the above named areas minorities 

are politically cohesive. 

25. Upon information and belief in the above cited areas, the white 
majority votes sufficiently as a block to enable it--in the absence of special 

 



  

circumstances, such as the minority candidate running unopposed--usually 

to defeat the minority's preferred candidate. 

26. Upon information and belief, in the above challenged areas, the at 
large election scheme interacts with social and historical conditions to cause 

an inequality in the opportunity of hispanic and/or black voters to elect 

representatives of their choice as compared to white voters. 

27. Upon information and belief, the following are the names of the 

presently sitting judges elected from the above counties: 

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

VOTING RACE/ 
COURT JUDGE COUNTY PRECINT ETHNIC: 
11th Mark Davidson Harris 224 Ww 
55th Reagan Cartwright Harris 178 Ww 
61st Shearn Smith Harris ek Ww 
80th William R."Bill" Powel Harris 040 Ww 
113th Geraldine B, Tennant Harris 221 Ww 
125th Don E. Wittig Harris 118 Ww 
127th Sharolyn P., Wood Harris 282 Ww 
129th Hugo A. Touchy Harris 385 Ww 
133rd Lamar McCorkle Harris wiv Ww 
151st Alice Oliver Trevathan Harris 441 Ww 
152nd Jack O'Neill Harris 493 Ww 
157th Felix Salazar, Jr. Harris 134 H 
164th Pete Solito Harris 217 Ww 
165th Ken Harrison Harris 413 Ww 
174th George H. Godwin Harris 015 Ww 
176th James Brian Rains Harris 116 Ww 
177th Miron A. Love Harris 034 WwW 
178th William T "Bill" Harmon Harris 129 Ww 
179th J. Mike Wilkinson Harris 456 Ww 
180th Patricia R. Lykos Harris 626 Ww 
182th Donald K., Shipley Harris 261 Ww 
183th Jay W. Bumett Harris 567 Ww 
184th Robert N. Burdette Harris 356 Ww 
185th Carl Walker, Jr. Harris 138 B 
189th Richard W, Millard Harris 056 Ww 
190th Wyatt H. Heard Harris 2217 Ww 
208th Thomas H. Routt Harris 136 B 
209th Michael T. McSpadden Harris 148 Ww 
215th Eugene Chambers Harris 663 Ww 
228th Ted Poe Harris 658 A" 
230th Joe Kegans | Harris 222 Ww 
232rd A.D. Azios Harris 178 H 
234th Ruby K. Sondock Harris 434 Ww 
245th Henry G. Schuble Harris 305 w 

B   

246th John W. Peavy, Jr. Harris 228 

 



  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

247th Charles Dean Huckabee Harris 628 Ww 
248th Woody R. Densen Harris 034 Ww 
257th Norman R. Lee Harris 628 Ww 
262nd Doug Shaver Harris 200 Ww 
263rd Charles J. Hearn Harris 351 Ww 
269th W. David West Harris 219 Ww 
270th Ann Tyrrell Cochran Harris 217 Ww 
280th Melinda Furche Harmon Harris 129 WwW 
281st Louis M. Moore Harris 297 Ww 
295th Dan Downey Harris 441 Ww 
308th Bob W. Robertson Harris 430 Ww 
309th John D. Montgomery Harris S518 Ww 
310th Allen J. Daggett Harris 577 Ww 
311th Bill Elliott Harris 221 Ww 
312th Robert S. Webb, III Harris 200 Ww 
313th Robert IL. Lowery Harris 371 Ww 
314th Robert R. Baum Harris 296 Ww 
315th Eric G, Andell Harris 183 Ww 
333rd Davie L. Wilson Harris 466 Ww 
334th Russel T, Llovd Harris 316 Ww 
337th Jim Barr Harris 432 Ww 
338th Mary Bacon Harris 344 Ww 
339th Norman E. Lanford Harris 050 Ww 
351st Lupe Salinas Harris 115 H 
14th John M. Marshall Dallas 1174 Ww 
44th Candace Tyson Dallas 1203 Ww 
68th Gary B. Hall Dallas 1123 Ww 95th Joe B. Brown Dallas 4418 Ww 
101st Joseph B. Morris Dallas 1227 Ww 
116th Frank Andrews Dallas 1129 Ww 
134th Anne A. Packer Dallas 1176 Ww 160th Mark Whittington Dallas 4418 Ww 
162nd Catherine J. Crier Dallas 2277 Ww 191th David Brooks Dallas 2242 Ww 
192nd Merrill L. Hartman Dallas 2266 Ww 193rd Michael J. O'Neill Dallas 2260 A 
194th Harold Entz, Jr. Dallas 1185 Ww 195th Joe Kendall Dallas 1171 Ww 203rd Thomas B. Thorpe Dallas 1103 Ww 204th Richard D. Mays Dallas 1148 Ww 
254th Dee Miller Dallas 1176 Ww 255th Don D. Koons Dallas 12217 Ww 256th Carolyn Wright Dallas 3302 B 265th Keith T. Dean Dallas 1122 Ww 282th Tom Price Dallas 1202 Ww 283rd Jack Hampton Dallas 22 Ww 291st Gerry Meier Dallas 1209 Ww 292rd Michael E, Keasler Dallas 4406 Ww 
298th Adolph Canales Dallas 1216 H 301st Robert O'Donnell Dallas 2203 Ww 
302rd Frances A. Harris Dallas 2222 Ww 

 



  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

303rd N. Sue Lykes Dallas 44317 Ww 
304th Harold C. Gaither, Jr. Dallas 4516 Ww 
305th Catherine J. Stavman Dallas 2253 Ww 
330th Theo Bedard Dallas 1185 Ww 
Crim Dist, 1 Ron Chapman Dallas 2241 Ww 
Crim Dist. 2 Larry W. Baraka Dallas 4453 B 
Crim Dist, 3 Mark Tolle Dallas 1187 Ww 
Crim Dist. 4 Frances J. Maloney Dallas 1145 Ww 
Crim Dist. 5 Pat McDowell Dallas 1162 Ww 
70th Gene Ater Ector i % Ww 
161st Tryon D, Lewis Ector 4 de Ww 
244th Joseph Connally Ector *% Ww 
358th Bill McCoy Ector wi Ww 
19th Bill Logue McLennan te % Ww 
S4th George H, Allen McLennan cid Ww 
74th Derwood Johnson McLennan % % Ww 
170th Joe Johnson McLennan wid Ww 
17th Fred W. Davis Tarrant 2052 Ww 
48th William L. Hughes Jr. Tarrant 2143 Ww 
67th George Allen Crowley Tarrant 4095 Ww 
96th Jeff Walker Tarrant 3101 Ww 
141st Dixon W. Holman Tarrant 2266 Ww 
153rd Sidney C, Farrar, Jr, Tarrant 4130 Ww 
213th George S. Kredell Tarrant 2352 Ww 
231st Maryellen W. Hicks Tarrant 1104 B 
233rd William H. Brigham Tarrant 3151 Ww 236th Albert LI. White, Jr, Tarrant 1004 Ww 
297th Everett Young, Jr. Tarrant 1004 Ww 
322nd Frank W. Sullivan, III Tarrant 3151 Ww 
323rd Scott D. Moore Tarrant 4343 Ww 
324th Brian A. Carper Tarrant 2012 Ww 
325th Robert L. Wright Tarrant 1081 Ww 
342nd Joe Bruce Cunningham Tarrant 1081 Ww 
348th Micheal D. Schattman Tarrant 3151 Ww 352nd Bruce Auld Tarrant 3286 AA 
360th V. Sue Koenig Stephenson Tarrant 3289 Ww Crim Dist, 1 Louis E. Stumns Tarrant 4203 B Crim Dist. 2 Lee Ann Dauphinot Tarrant 1189 Ww Crim Dist, 3 Don Leonard Tarrant 1004 Ww 
Crim Dist. 4 Joe Drago, III Tarrant 1022 Ww 142nd Pat M. Baskin Midland 205 Ww 
238th Vann Culp Midland 307 w 318th Dean Rucker Midland 212 Ww 53rd Mary Pearl Williams Travis 237 Ww 98th Jeanne Meurer Travis 207 Ww 
126th Joe Hart Travis 320 Ww 147th Mace B. Thurman, Jr. Travis 256 Ww 
167th Bob Jones Travis 328 Ww 200th Paul R. Davis Jr. Travis 320 Ww 201st Jerry Dellana Travis 324 w 250th Harley Clark Travis 145 Ww   

 



  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

261st Peter M. Lowry Travis 326 Ww 
299th Jon N, Wisser Travis 262 w 
331st Robert A. Perkins Travis 215 Ww 
345th Scott McCown Travis 236 Ww 
353rd Joe Dibrell Travis 328 Ww 
58th Ronald I. Walker Jefferson 3 Ww 
60th Gary Sanderson Jefferson 83 Ww 
136th Jack R, King Jefferson 5 Ww 
172nd Thomas A. Thomas Jefferson 46 Ww 
252nd Leonard J. Giblin, Jr. Jefferson 9 Ww 
279th Robert P. Walker Jefferson 46 Ww 
317th James M. Farris Jefferson 62 WwW 
Crim. Dist. Ct. Lawrence Gist Jefferson 65 Ww 
10th Ed. Harris Galveston wid Ww 
56th Allan Lerner Galveston "x Ww 
122nd Henry G. Delehite Galveston *% Ww 
212th Roy C. Engelke Galveston ek Ww 
306th Andrew Z. Baker Galveston *% Ww 
72nd Blair Cherry Lubbock 9 Ww 
99th Thomas LI. Clinton Lubbock 11 Ww 
137th Cecil G. Puryear Lubbock 18 Ww 
140th William R. "Bill" Shaver Lubbock 28 Ww 
237th John R. McFall Lubbock 47 Ww 
240th Charles A. Dickerson Fort Bend wild Ww 
268th Brady G. Elliott Fort Bend pik w 
328th Thomas QO. Stansbury Fort Bend cil Ww 
7th W.E. "Bill" Coats Smith 15 Ww 
114th Cynthia Stevens Kent Smith 37 Ww 
24 1st Joe Tunnell Smith 51 Ww 
321st Ruth Jackson Blake Smith 38 Ww 
37th John Cornyn, III Bexar 3020 Ww 
45th Carol R, Haberman Bexar 3079 Ww 
57th Charles Gonzales Bexar 3019 H 
73rd Paul Andrew Mireles Bexar 3011 H 
131st Rose Spector Bexar 3018 Ww 
144th Susan Reed Bexar 3018 Ww 
166th Peter Michael Curry Bexar 3025 Ww 
175th Phil G. Chavarria, Jr. Bexar 3019 H 
186th James E. Barlow Bexar 2009 Ww 
187th Pat Priest Bexar 3063 Ww 
224th Carolyn H. Spears Bexar 3104 Ww 
225th John J, Specia. Jr. Bexar 3048 Ww 
226th Sid L. Harle Bexar 3102 Ww 
227th Mike Machado Bexar 2028 H 
285th Michael Peden Bexar 3074 Ww 
288th Raul Rivera Bexar 3012 H 
289th Tom Rickoff Bexar 3089 Ww 
150th Carleton Spears Bexar 3108 Ww 
290th Sharon Sands Mac Rea Bexar 3090 A 
41st Mary Ann Bramblett El Paso 088 Ww 
65th El Paso Fed H 

Eduardo S. Marquez 

10 

 



  

  

  

  

  

  

120th Brunson D., Moore El Paso 013 Ww 
168th Jose Troche El Paso 005 H 
171st Peter S. Pecas El Paso 006 H 
243rd Herbert E. Marsh, Jr. El Paso 093 A" 
346th Jose J. Baca El Paso 011 H 
327th Enrigue H. Pena El Paso 012 H 
34th William E, Moody Hudspeth.Culberson, El Paso. 007 (El Paso County) W 
205th Sam W. Callan " i 074 (El Paso County) W 
210th Sam M, Paxson " i 011 (El Paso County) W 

* W-White **This information is being gathered 
B-Black 

H-Hispanic 

VII. CAUSES OF ACTION 

28. The present at large scheme of electing district judges, in the targeted 
areas, intentionally created and/or maintained with a discriminatory 
purpose, violates the civil rights of Plaintiffs by diluting their votes, in 
violation of the United States Constitution and/or, 

29. The present at large scheme of electing district judges, in the targeted 
areas, results in a denial or abridgement of the right to vote of the Plaintiffs 
on account of their race or color in that the political processes leading to 
nomination or election of district judges are not equally open to 
participation by Plaintiffs in that they have less opportunity than other 
members of the electorate to elect candidates of their choice, in violation of 
Section 2 of the Voting Rights Act . 

VIII. IMMUNITIES 

30. Qualified and absolute immunity do not protect the Defendants 
because Plaintiffs seek only injunctive and declaratory relief and attorneys’ 
fees. Furthermore, absolute immunity does not protect Defendants because 
they do not act in any of the capacities which receive immunity at common 
law. The Defendants are not entitled to Eleventh Amendment immunity 
because Plaintiffs seek only injunctive and declaratory relief and attorneys’ 
fees. 

11 

 



  

IX. EQUITIES 

31. Plaintiffs have no adequate remedy at law other than the judicial 
relief sought herein, and unless the Defendants are enjoined from 
continuing the present at large scheme, Plaintiffs will be irreparably 
harmed by the continuing violation of their statutory and constitutional 
rights. The illegal and unconstitutional conditions complained of preclude 
the adoption of remedial provisions by the electorate. The present electoral 
scheme is without any legitimate or compelling governmental interest and 
it arbitrarily and capriciously cancels, dilutes and minimizes the force and 
effect of the Plaintiffs’ voting strength. 

XX. ATTORNEYS' FEES 

32. In accordance with 42 U. S. C. 1973-1(e) and 1988, Plaintiffs are 
entitled to recover reasonable attorneys' fees as part of their costs. 

XI. PRAYER 

33. WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendants 
be cited to appear and answer herein; that a declaratory judgment be 
issued finding that the existing method of electing district judges is 
unconstitutional and/or illegal, null and void; that the Defendants be 
permanently enjoined from calling, holding, supervising or certifying any 
further elections for district judges under the present at large scheme; that 
the Court order that district judges in the targeted counties be elected in a 
system which contains single member districts; adjudge all costs against 
Defendants, including reasonable attorneys’ fees; retain jurisdiction to 
render any and all further orders that this Court may from time to time 
deem appropriate; and grant any and all further relief both at law and in 
equity to which these Plaintiffs may show themselves to be entitled. 

Respectfully submitted, 

ROLANDO L. RIOS 

ATTORNEY AT LAW 

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

512/222-2102 

12 

 



  

WILLIAM L. GARRETT 
BRENDA HULL THOMPSON 
GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

8300 Douglas, Suite 800 

Dallas, Texas 75225 

214/369-1952 
Attorneys for Aquilla Watson 
LEAD COUNSEL 

SUSAN FINKELSTEIN 
TEXAS RURAL LEGAL AID, INC. 
201 N. St. Mary's, Suite 600 

San Antonio, Texas 78205 
512/222-2478 

Attorney for ristina, Moreno 

By: 

RO DO L. RIOS 

ATTORNEY FOR PLAINTIFFS 
State Bar No. 1693590 

  

13 

 



  

CERTIFICATE OF SERVICE 

I hereby certify that on this 11th day of May, 1989, a true and correct copy 

MARY F. KELLER 
RENEA HICKS 
JIM MATTOX 
JAVIER GUAJARDO 
Attorney General's Office 
P.O. Box 12548 
Austin, Texas 78711 

MICHAEL J. WOOD 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, Texas 77002 

14 

of the foregoing SECOND AMENDED COMPLAINT was mailed to the opposing 
counsel of record in this case by Express Mail, postage pre-paid, as follows: 

J. EUGENE CLEMENTS 
JOHN E. O'NEILL 
EVELYN V. KEYS 
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 

Tes 
  

ROLANDO L. RIOS 
Attorney for Plaintiffs 

 



  

CERTIFICATE OF SERVICE 

This is to certify that on this 11th day of May, 1989, a true and correct copy 
of the foregoing SECOND AMENDED COMPLAINT was mailed to the following 
counsel of record by Certified Mail: 

EDWARD B. CLOUTMAN, III 
MULLINAX, WELLS, BAAB & CLOUTMAN, P.C. 
3301 Elm 

Dallas, Texas 75226-9222 

JULIUS LEVONNE CHAMBERS 
SHERRILYN A. IFILL 
NAACP Legal Defense & Educational 

Fund, Inc. 
99 Hudson St., 16th Floor 
New York, NY 10013 

15 

GABRIELLE K. MCDONALD 
MATTHEWS & BRANSCOMB 
301 Congress Ave. 
Austin, Texas 78701 

   
  

OLANDO L. RIOS 
Attorney for Plaintiffs