Notice of Change of Defendant; Plaintiffs' Response to Defendant-Intervenor Entz' Motion to Dismiss; Affidavit of John T. Garcia; Proposed Order

    LAW OFFICES OF 

TEXAS RURAL LEGAL AID. INC. 
201 NORTH ST. MARY'S ST.. SUITE 600 

SAN ANTONIO. TEXAS 78205 

(512) 222-2478 

September 14, 1989 

John D. Neil 
‘Deputy Clerk 
200 East Wall Street #316 
Midland, Texas 79702 

Re: LULAC et al v Mattox et al 
Civil Action No. MO-88-CA-154 

Dear Mr. Neil: 

I am enclosing an original and two copies of Plaintiffs’ 1) Response to the Motion to Dismiss of Defendant-intervenor Entz and 2) Notice of Change of Defendant. Could you please file them at your convenience? 

Also, I am enclosing a stamped, self-addressed envelope. Could you please mark one of the copies with your filemark and return it to me? 

In advance, thank you for your help. 

Lr 

Susan Finkelstein 
Staff Attorney 

federal express delivery 

xc: all counsel of record (certified) 

 



  

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

MIDLAND-ODESSA DIVISION 

LULAC, et al., 

Plaintiffs, 

vs. 

NO. MO-88-CA-154 

MATTOX, et al., 

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Defendants. 

NOTICE OF CHANGE 
OF DEFENDANT 

  

To The Honorable Court: 

Judge John Cornyn, III has replaced Judge Joe E. Kelly as a 

member of the Judicial District Board and as a Defendant in this 

case. 

Respectfully submitted: 

GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

William L. Garrett 
Brenda Hull Thompson 
8300 Douglas #800 
Dallas, Texas 75225 
(214)369-1952 
LEAD COUNSEL 

ROLANDO L. RIOS 
ATTORNEY AT LAW 
201 N. St. Mary's #521 
San Antonio, Texas 78205 
(512)222-2102 

 



  

SUSAN FINKELSTEIN 
STAFF ATTORNEY 
TEXAS RURAL LEGAL AID, INC. 
201 N. St. Mary's #600 
San Antonio, Texas 78205 
(512)222-2478 

A me 
// ATTORNEY FOR baditole 
  

CERTIFICATE OF SERVICE 
  

I, Susan Finkelstein, do hereby certify that a true and 

correct copy of this Notice of Change of Defendant has been mailed 

via certified mail with correct postage to: 

ATTORNEY REPRESENTING   

  

Plaintiff - Intervenors 
  

Edward B. Cloutman, III Jesse Oliver MULLINAX, WELLS, BAAB & Joan Winn White CLOUTMAN, P. C. Fred Tinsley 3301 Elm 
Dallas, TX 75226-9222 
214/939-9222 FAX: 214/939-9229 

E. Brice Cunningham Jesse Oliver Attorney at Law Joan Winn White 777 S. R. L. Thornton Fwy, Suite 121 Fred Tinsley Dallas, TX 75203 
214/428-3793 

Julius Levonne Chambers Houston Lawyers Assn. Sherrilyn A. Ifill Francis Williams NAACP Legal Defense & Educational Rev. William Lawson Fund, Inc. 

99 Hudson St., 16th floor 
New York, NY 10013 
212/219-1900 

 



  

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB 
301 Congress Ave., Suite 2050 
Austin, TX 78701 
512/320-5055 

Defendants 
  

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General's Office 
P. O. Box 12548 
"Austin, TX 78711 
512/463-2085 

Defendant-Intervenors 
  

J. Eugene Clements 
E. O'Neill 
Evelyn V. Keys 
PORTER & CLEMENTS 
700 Louisiana, Suite 3500 
Houston, TX 77002-2730 
713/226-0600 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, TX 78230 
512/641-9944 

Michael J. Wood 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, TX 77002 
713/228-5105 

Mark H. Dettman 
County Attorney 
P. O. Box 2559 
Midland, TX 79702 
915/688-1084 

Ken Oden 
Travis County Attorney 
P. O. Box 1748 
Austin, TX 78767 
512/473-9415 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 
Texas Legislative 

Black Caucus 

All Defendants 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Midland County & 
District Judges 

Travis County District 
Judges 

 



  

David R. Richards Travis County District Special Counsel Judges 
600 W. 7th St. 
Austin, TX 78701 

Robert H. Mow, Jr. Judge Harold Entz HUGHES & LUCE of Dallas County 2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201 
214/939-5500 

each at the correct address on this 14th day of September, 1989. 

  

   ATTORNEY FOR PLAINTIFF 

 



  

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

MIDLAND-ODESSA DIVISION 

LULAC, et al., 

Plaintiffs, 

VS. NO. MO-88-CA-154 

MATTOX, et al., 

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Defendants. 

PLAINTIFFS’ RESPONSE TO DEFENDANT-INTERVENOR ENTZ'’ 
MOTION TO DISMISS 

'TO THE HONORABLE COURT: 

1. Defendant-intervenor Entz has requested that this Court 

dismiss Plaintiff League of Latin American Citizens’s (LULAC) 

claims concerning the election of district court judges in Dallas 

County. He claims that LULAC does not have standing to make these 

claims. 

2. Plaintiff LULAC has standing to makes claims concerning 

the system for electing district court judges in Dallas County. 

Although LULAC does not plan to make any claims concerning Hispanic 

voters in Dallas County, it does plan to make claims concerning 

Dallas County Blacks’ rights, as guaranteed by the United States 

constitution and the Voting Rights Act. LULAC has standing to 

raise these claims in Dallas County on behalf of its Black members 

there who are eligible to vote. 

 



  

3. According to John Garcia, Texas Director of LULAC, the 

statewide LULAC organization has members in Dallas County who are 

Black and eligible to vote. Further, "[i]t is within LULAC's goals 

and ideals to advocate on behalf of its Hispanic and Black members 

and also on behalf of the fundamental democratic principles that 

underlie our society." See, attached affidavit of John Garcia. 

4. "Although, as a general rule, a litigant may not raise 

the rights of a third party ... an exception allows organizations 

to sue on behalf of members who have been injured by the challenged 

action." O'Hair v White, 75 F.2d 80, 691 (5th Cir. 1982) (citations   

-omitted); see also, Sierra Club v Morton, 405 U.S. 727, 739   

(1972). Here, LULAC has standing to represent the interests of its 

Black members who are eligible to vote, live in Dallas County and 

suffer the effects of the at large system for electing district 

court judges there. 

5. For these reasons, Plaintiffs respectfully request that 

the Court deny the Motion to Dismiss of Defendant-intervenor Entz. 

Respectfully submitted: 

GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

William L. Garrett 
Brenda Hull Thompson 
8300 Douglas #800 
Dallas, Texas 75225 
(214)369-1952 
LEAD COUNSEL 

 



  

ROLANDO L. RIOS 

ATTORNEY AT LAW 
201 N. St. Mary's #521 
San Antonio, Texas 78205 
(512)222-2102 

SUSAN FINKELSTEIN 
STAFF ATTORNEY 
TEXAS RURAL LEGAL AID, INC. 
201 N. St. Mary's #600 
San Antonio, Texas 78205 
(512)222-2478 

BY: rth 
ATTORNEY FOR PLAINTIFFS 
  

CERTIFICATE OF SERVICE 
  

I, Susan Finkelstein, do hereby certify that a true and 

correct copy of this Response to Defendant-intervenor Entz’ Motion 

to Dismiss has been mailed via certified mail with correct postage 

to: 

  

ATTORNEY REPRESENTING 

Plaintiff - Intervenors 
  

Edward B. Cloutman, III Jesse Oliver MULLINAX, WELLS, BAAB & Joan Winn White CLOUTMAN, P. C. Fred Tinsley 
3301 Elm 
Dallas, TX 75226-9222 
214/939-9222 FAX: 214/939-9229 

E. Brice Cunningham Jesse Oliver Attorney at Law Joan Winn White 777 S. R. L. Thornton Fwy, Suite 121 Fred Tinsley Dallas, TX 75203 
214/428-3793 

 



  

Julius Levonne Chambers 
Sherrilyn A. Ifill 
NAACP Legal Defense & Educational 

Fund, Inc. 
99 Hudson St., 16th floor 
New York, NY 10013 
212/219-1900 

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB 
301 Congress Ave., Suite 2050 
Austin, TX 78701 
512/320-5055 

Defendants 
  

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General’s Office 
P. 0. Box 12548 
Austin, TX 78711 
512/463-2085 

Defendant-Intervenors 
  

J. Eugene Clements 
"E. O'Neill 
Evelyn V. Keys 
PORTER & CLEMENTS 
700 Louisiana, Suite 3500 
Houston, TX 77002-2730 
713/226-0600 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, TX 78230 
512/641-9944 

Michael J. Wood 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, TX 77002 
713/228-5105 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 
Texas Legislative 

Black Caucus 

All Defendants 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

 



  

Mark H. Dettman Midland County & County Attorney District Judges 
P. O. Box 2559 
Midland, TX 79702 
915/688-1084 

Ken Oden Travis County District Travis County Attorney Judges 
P. O. Box 1748 
Austin, TX 78767 
512/473-9415 

David R. Richards Travis County District Special Counsel Judges 
600 W. 7th St. 
Austin, TX 78701 

Robert H. Mow, Jr. Judge Harold Entz HUGHES & LUCE of Dallas County 2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201 
214/939-5500 

each at the correct address on this 14th day of September, 1989. 

he /~ Cd 7s ’ 
  

/ ATTORNEY FOR PLAINTIFF 

 



  

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND/ODESSA DIVISION 

LULAC COUNCIL #4434, et al., 
Plaintiffs, 

VS. 
Civil Action No. 
MO 88 CA 154 JIM MATTOX, et al., 

Defendants. 

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AFFIDAVIT OF JOHN T. GARCIA   

I, John T. Garcia, am the Texas Director of LULAC (League of United Latin 
American Citizens). I have been informed that there are Black members of 
LULAC who are eligible to vote in Dallas County. It is within LULAC's goals and 
ideals to advocate on behalf of its Hispanic and Black members and on behalf 
of the fundamental democratic principles that underlie our society. (see 
cnclosure) 

I am over eighteen years of age, competent to testify, and know this as 
the truth based on my personal experience as Texas Digector of LJ 

  

    

  
  

Subscribed and sworn before me, AT undersigned authortity, by John .T. Garcia, on the __|Y] day of September, 1989. Tt 

RIA 
Notary Public for thé. State - of 
Texas : 

    

RA—1Lk-Ga 
My commission expires 
    

a) ath dD Al iad   

Typed or printed name of notary 

 



  

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these initiatives, for Hispanic America still experiences a tremen- dous high school drop out rate, the economic mainstream has yet to flow through Hispanic America, and our political voice has yet to be heard. 
The demographics of our community dictate to an ever- increasing audience, that this will change. LULAC must and will continue to provide the aggressive and responsible leadership that will ensure that adversity does not befall our community. LULAC extends its most sincere appreciation to Dick McGrath and Chevron for their most generous contribution towards the publica- tion of this Constitution and Eduardo Pena, who served as Chair- man of the Amendments Committee. I would also like to thank the LULAC staff for their technical assistance. I can never thank the numerous members whose support made this possible. 

  

OSCAR MORAN 

LULAC's first three term 
National President 

1985-1988 

  

      
  
  

  

  

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CONSTITUTION OF THE LEAGUE OF 
UNITED LATIN AMERICAN CITIZENS 

Preamble 

We, the members of this organization, with unfaltering faith in the 
Divine Power of Almighty God and invoking His Gracious Bless- 
ings, do hereby ordain and establish this constitution to guide the 
destinies of our League in accordance with the Philosophy and Aims 
and Purposes herein set.      

  

ARTICLE] 
Legal Provisions 

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Section 1 — Name: League of United Latin American Citizens 
(LULAC) shall be the official name of this organization and the one 
under which all business and activities of the constituted body shall : be carried out. The word LULAC which is formed by official 
abbreviated title of the League and may be used in lieu of the full 
name of the organization in any and all instances where it is apropos. 
At no time may the name LULAC be written in other than capital : letters. ' 

! Section 2 — Legal Status: The League of United Latin American ] Citizens shall be incorporated and chartered under the laws of each 
of the states in which it operates as a civic and non-profit organiza- 
tion and under the Federal laws of the United States of America. 
Section 3 — Composition: The League of United Latin American 
Citizens shall be made up of affiliated councils which shall be 
chartered by the National Board of Directors under authority of the 
National Assembly as set forth in this Constitution. 

ARTICLE II a ea 
Philosophy k 

  

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We believe in the democratic principle of individual political and ] religious freedom, the right of equality of social and economic 
opportunity, and in the cooperative endeavor toward the develop- 
ment of an American Society wherein the cultural resources, integri- 
ty and dignity of every individual and group constitute basic assets 
of the American way of Life. 

We believe that as American Citizens we must assume our duties 

    
 



  

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and responsibilities and assert our rights and privileges in pursuit of a fuller and richer civilization for our country. 
We believe that education is the foundation for the cultural growth and development of this nation and that we are obligated to promote, protect and assure the right of our people to an education that is in accordance with the best American educational principles and stan- dards; that we must deplore any infringement of this right wherever it may occur and regardless of whom it may affect. 
We accept that it is not only the privilege but the obligation of every member of this organization to uphold and defend the rights and duties vested in every American Citizen by the letter and spirit of the Law of the Land. 

ARTICLE I 
Aims and Purposes 

Based on the spirit of the philosophy of our League and having un- equivocal faith in its righteousness, we propose: 
1. To use all constitutional means at our disposal to implement with social action the principles set forth in our philosophy; 
2. To foster the learning and fluent use of the English language that we may thereby equip ourselves and our families for the fullest enjoyment of our rights and privileges and the efficient discharge of our duties and responsibilities to our country, but at the same time, exerting equal effort to foster the fluent mastery of the Spanish language which is part of our heritage and a means of extending the cultural horizons of our nation; 

3. To constitute the League into a service organization to actively promote and foster suitable measures for the attainment of the highest of our American society, and to establish cooperative rela- tions with civic and governmental institutions and agencies in the field of public service; 

4. To exert our united efforts to uphold the rights guaranteed to every individual by our state and national laws and to assure justice and equal treatment under these laws; 
5. To combat with €very means at our command all unAmerican tendencies and actions that deprive American citizens of their rights in educational institutions, in economic pursuits and in social, civic and political activities; 

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6. To maintain the League free of all involvement in partisan politics as an organization; however, we shall oppose any infringe- 
ment upon the constitutional political rights of an individual to vote 
and/or be voted upon at local, state and national levels; 

7. To oppose any violent demonstrations or other acts that defy constituted law and authority, desecrate the symbols of our nation, and threaten the physical and spiritual welfare of individuals or 
institutions; 

8. To promote and encourage the education of youth and adults 
through scholarships, the constant vigilance of administrative and 
instructional practices in schools which deprive persons of educa- 
tional opportunities, the sponsorship of classes in citizenship and 
other areas, and through the dissemination of information about 
available training opportunities; 

9. To make use of every medium of communication at our 
disposal and to exert our combined efforts to promulgate and pro- 
pagate the principles of the League, and augment its influence and 
numerical growth; 

10. To undergird the efforts postulated in our Aims and Purposes 
with the overall objective of creating among our fellow citizens, 
through example and a mutual exchange of concepts, an understand- 
ing and recognition of and an appreciation for the dignity, worth and 
potential of the individual. 

ARTICLE 1V 

Members 
All persons of either sex who are residents of the United States of America, or citizens of the United States residing abroad, and are eighteen years of age or older, and whose loyalty to our country is 
unquestionable, are eligible for membership in the League. No 
council at present, or in the future, shall deviate from this require- 
ment or ask for more requirements to become a member of LULAC. 
All other amendments pertaining to membership whether general or special shall be declared null and void. Any councils or persons found denying a valid candidate for membership shall be impeached 
by the district executive board by a majority vote. The guilty party of council may appeal only to the National Board of Directors. 
Membership in the League may be effected through individual- 
initiated application to a local Council, the recommendation of a 
member in good standing, or in the case of certain types of member- 
ship stipulated in Sections 3 & 4 below, through the recommenda- 

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

MIDLAND~-ODESSA DIVISION 

LULAC, et al., 

Plaintiffs, 

vs. NO. MO-88-CA-154 
MATTOX, et al., 

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Defendants. 

ORDER DENYING DEFENDANT-INTERVENOR ENTZ’ MOTION TO DISMISS (LULAC) 
Upon consideration of all matters of record, the Court has 

determined that the Motion to Dismiss of Defendant-intervenor Entz 
does not have merit. THEREFORE, it is DENIED. Plaintiff League 
of Latin American Citizens (LULAC) has standing to represent the 

interests of its Dallas County Black members who are eligible to 

vote. 

Done this day of r 1989 in Midland,   

Texas. 

  

UNITED STATES DISTRICT JUDGE