Legislative Black Caucus of Texas Motion to Intervene as Plaintiffs; Complaint in Intervention; Response in Opposition to Motion for Involuntary Dismissal; Order Denying Motion

    MATTHEWS & BRANSCOMB 
A PROFESSIONAL CORPORATION 

  

ATTORNEYS AT LAW 

SOC ONGRESS AVENUE, SUITE 20380 

IBOO FIRST CITY BANK TOWER AUSTIN, TEXAS 7870 ONE ALAMO CENTER 

CORPUS CHRISTI, TEXAS 78477 TELEPHONE 512-320-5055 SAN ANTONIO, TEXAS 782058 

512-888-9261 TELECOPIER SI2-320-5013 512-226-421 

April 5, 1989 
GABRIELLE K. MCDONALD 

U. 8. District Clerk 

P. OD. BOX 10708 

Midland, Texas 78702 

RE: LULAC Council #4434, et al v. Mattox, et al 

No. MO-88-CA-154 

Dear Sir: 

I have enclosed the original and one copy of the following: 

1. The Legislative Black Caucus of Texas' Motion to 
Intervene as Plaintiffs, with accompanving Order which 
I would appreciate vour submitting to the Judge for 
his signature and entry of record. 

2. Complaint in Intervention of The Legislative Black 
Caucus of Texas; 

3. Plaintiff-Intervenor The Legislative Black Caucus 
of Texas' Response in Opposition to Defendant Wood's 
Motion for Involuntary Dismissal, with an Order Denying 
Defendant Wood's Motion for Involuntary Dismissal which 
I weculd appreciate your submitting to the Judge for his 
signature and entry of record. 

By copy hereof, I am forwarding copies of all of the above 
documents to all interested parties. 

MATTHEWS & BRANSCOMB 

A Professional Corporation 

  

4GKMd £f; kd 

encs. 

CC? All Counsel of Record 

 



IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), et al., 

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 
Francis Williams, Rev. William 
Lawson, Deloyd T. Parker, 

Bennie McGinty, 
PLAINTIFF-INTERVENCRS, 

Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENORS, 

VS. 

THE STATE OF TEXAS: JIM MATTOX, 

ATTORNEY GENERAL OF THE STATE 

OF TEXAS: JACK RAINS, SECRETARY 

OF STATE OF THE STATE OF TEXAS, 

ALL IN THE OFFICIAL CAPACITIES; 

THOMAS R. PHILLIPS, JOHN F. 

ONION, JR.; RON CHAPMAN; THOMAS 

J. STOVALL, JR.; JAMES F. 

CLAWSON, JR.; JOE E. KELLY; JOE 

B. EVINS; SAM B. PAXSON; 

WELDON KIRK; CHARLES J. 

MURRAY; RAY D. ANDERSON; JOE 

SPURLOCK IY, ALL IN THEIR 

OFFICIAL CAPACITIES AS MEMBERS 

OF THE JUDICIAL DISTRICTS BOARD 

OF THE STATE OF TEXAS, 

CIVIL ACTION NO. MO-88-CA-154 
  

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WILLIAM CLEMENTS, GOVERNOR OF = § 

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DEFENDANTS. i) 

LEGISLATIVE BLACK CAUCUS OF TEXAS 

MOTION TO INTERVENE AS PLAINTIFFS 
  

  

Pursuant to Fed. R.. Civ, P. -24(a). and 241{b), proposed 

Intervenors, The Legislative Black Caucus of Texas, presented 

this Court with an oral motion on February 27, 1989 ‘in open  



Court, which was not opposed by any party, for leave to intervene 

in this action, That motion was granted by this Court. The 

proposed Complaint in Intervention is hereby submitted to this 

Court for filing. 

Respectfully submitted, 

/C 
RIELLE K. McDONALD 

OF COUNSEL: State Bar I.D. # 13546000 

301 Congress Avenue, Suite 2050 
MATTHEWS & BRANSCOMB, Austin, Texas 783701 

A Professional Corporation Phone: (512) 320-5055 

  

Attorneys for Plaintiff-Intervenors 
Legislative Black Caucus 

CERTIFICATE OF SERVICE 
  

I, Gabrielle RK. McDonald, hereby certify that on this 5th 
day of April, 198%, a true and correct ‘copy of this Motion of 
Legislative Black Caucus of Texas to Intervene as Plaintiffs was 
duly mailed, correctly addressed and postage prepaid, and placed 
in an official depository of the U. 8. Mail to ‘all counsel of 
record, to-wit: 

William L. Garrett Rolanda L. Rios 
Brena Hull Thompson 201 N. St. Mary's $521 
8300 Douglas, #800 San Antonio, TX 78205 
Pallas, TX 75225 

Susan Finkelstein Edward B. Cloutman, III 
201 N St, Mary's £521 3301 Elm 
San Antonio, TX 78205 Dallas, TX 75226-9222 

E. Bruce Cunningham Julius Levonne Chambers 
277 8... R.L. Thornton: Pwy $121 Sherrilyn A. Ifill 
Dallas, TX 75203 99 Hudson St., 16th Floor 

New York, N.Y. 10013  



Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General's Office 
P. O. Box 125493 

Austin, TY 78711 

Darrell Smith 
10999 Interstate Hwy 10, 
San Antonio, TX 78230 

Mark H. Dettman 

Midland County Attorney 
P. 0. Box 2559 

Midland, TX 79702 

David R. Richards 
600 W 7th Sk. 
Austin, TX 78701 

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(4GJMcr; kd) 

04-05-89 

#905 

J. Eugene Clements 
John E. O'Neill 

Evelyn V. Keys 
Porter & Clements 

700 Louisiana #3500 
Houston, TX 77002-2730 

Michael J. Wood 

440 Louisiana #200 
Houston, TX 77002 

Ken Oden 

Travis County Attorney 
P. O.: Box. 1748 

Austin, TX 78767 

Robert H. Mow, Jr. 

2800 Momentum Place 

3717 Main St. 

Dallas, TX 75201 

i. 
  

IELLE K. MCDONALD 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), et al. 

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 

Francis Williams, Rev. William 

Lawson, Deloyd T. Parker, 

Bennie McGinty, 
PLAINTIFF-INTERVENORS, 

Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENORS, 

VS. 

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, 

ALL IN THE OFFICIAL CAPACITIES; 

THOMAS R. PHILLIPS, JOHN F. 

ONION, JR.; RON CHAPMAN; THOMAS 

J. STOVALL, JR,.; JAMES TF, 

CLAWSON, JR.; JOE E. KELLY; JOE 

B. EVINS; SAM B. PAXSON; 

WELDON KIRK; CHARLES J. 

MURRAY; RAY D. ANDERSON; JOE 

SPURLOCK 11, ALL IN THEIR 

OFFICIAL CAPACITIES AS MEMBERS 

OF THE JUDICIAL DISTRICTS BOARD 

OF THE STATE OF TEXAS, 

DEFENDANTS. 

ORDER GRANTING 

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CIVIL ACTION NO. MO-88-CA-154 
  

MOTION OF 
  

LEGISLATIVE BLACK CAUCUS OF TEXAS 
  

TO INTERVENE AS PLAINTIFFS 
  

 



  

The Court having been presented with a Motion by the 

Legislative Black Caucus of Texas to Intervene as Plaintiffs in 

the above-styled action and the Court having found that: 

A. Intervention 1s appropriate under Rule 24(a), Fed. R. 

Civ. P.s 

B. Plaintiff-Intervenors have a substantial interest in the 

transaction that is the subject of this case; 

C. Plaintiff-Intervenors' interest will be impaired or 

injured by the disposition of this action; 

D. Plaintiff-Intervenors are entitled to intervention as a 

a matter of right because its interest is not adequately 

represented by the parties now before this Court; and 

E. Plaintiff-Intervenors should likewise be permitted to 

intervene pursuant toc Rule 24(b), Fed. R. Civ. P., for it is 

Clear that by virtue of its organization and its constituent 

membership is in the unique position to present certain factual 

information to the Court regarding the effect of the current 

electoral system on the capacity of Black voters to elect 

candidates of their choice to the Texas judiciary. 

This intervention having been previously granted and 

discovery propounded to this Plaintiff-Intervenors by Intervenor 

Judge Sharolyn Wood having been answered, this 

Plaintiff-Intervenor has not failed to prosecute its case and its 

intervention will not delay nor prejudice the requests of the 

original parties. 

 



  

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t is, therefore, ORDERED, ADJUDGED and DECREED that the 

Legislative Black Caucus of Texas shall be permitted to intervene 

as Plaintiffs in this action pursuant £0 the ruling of this Court 

Of February 27, 1989. 

SIGNED this day of 1989. 
  

  

UNITED STATES DISTRICT JUDGE 

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IN. THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS {LULAC), et al., 

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 
Francis Williams, Rev. William 
Lawson, Deloyd T. Parker, 
Bennie McGinty, 

PLAINTIFF-INTERVENORS, 

Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENORS, 

VS. 

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, 

ALL IN THE OFFICIAL CAPACITIES; 

THOMAS R. PHILLIPS, JOHN F. 

ONION, JR.; RON CHAPMAN; THOMAS 

J. STOVALL, JR.; JAMES FP. 

CLAWSON, JR.; JOE E. KELLY; JOE 

B. EVINS; SAM B. PAXSON; 

WELDON KIRK; CHARLES J. 

MURRAY; RAY D. ANDERSON; JOE 

SPURLOCK II, ALL IN THEIR 

OFFICIAL CAPACITIES AS MEMBERS 

OF THE JUDICIAL DISTRICTS BOARD 

OF THE STATE OF TEXAS, 

CIVIL: ACTION NO, MO-88-~-CA~-154 
  

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DEFENDANTS. 

COMPLAINT IN INTERVENTION OF LEGISLATIVE BLACK CAUCUS OF TEXAS 
  

COMES NOW the Legislative Black Caucus of Texas, on behalf 

of itself and its duly elected members and on behalf of the Black 

 



  

registered voters in the State of Texas and files this its 

Complaint in Intervention. 

  Introduction 

1. This action is brought by the Legislative Black Caucus 

of Texas. This is a statewide organization, comprised of duly 

elected Black State Representatives and Senators from throughout 

the State of Texas who serve in the Texas legislature. Each 

House member represents approximately 95,000 voters throughout 

the State of Texas and each senator represents approximately 

500,000 voters throughout the State of Texas. In each of said 

representative and senatorial districts, the population of voters 

is 50% or more black. The Legislative Black Caucus of Texas 

brings this lawsuit on behalf of itself and the Black registered 

voters of the State of Texas. It alleges that the at large 

judicial electoral scheme as currently constituted, denies Black 

citizens in the State of Texas an equal opportunity to elect the 

candidates of their choice, ‘in violation of Section 2 of the 

Voting Rights Act of 1965, as amended, 42 U.8.C. Section 1973, 

4+ 
th and 15+h Amendments of the United States a

 and the 1 

Constitution. Yt also alleges that Art. 5, § 7a{i)l of the 

Constitution of the State of Texas was adopted with the 

intention, and/or has been maintained for the purpose of 

minimizing the voting strength of Black voters, in violation of 

the Fourteenth and Fifteenth Amendments to the United States 

Consitution, 42 U.S.C. § 1983, and Section 2 of the Voting Rights 

Act of 1965, as amended, 42: U.S.C. § 1973. Plaintiff-Intervenor 

 



  

seeks declaratory and injunctive relief enjoining the continued 

use of the current judidical electoral scheme. 

  

Jurisdiction 

2. This Court has Jurisdiction pursuant  £o 28 UyU.s.C. 

Sections 1331, 1343, .2201, and 2202. This 1s an action arising 

under 42 U.5.C. § 19733(f), and the gtatutes and Constitution of 

the United States and an action to enforce statutes and 

Constitution provisions that protect civil rights, including the 

right to vote. 

Parties 

3. The original action was filed by the League of United 

Latin American Citizens (LULAC) Council # 4434, and LULAC Council 

# 4451, LULAC Statewide, and certain individually named Hispanic 

and Black Plaintiffs. They allege that the existing at large 

scheme of electing district judges in certain counties in Texas 

had violated their civil rights unconstitutionally and diluted 

their voting strength. The original action was filed on August 

15, 1988. 
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(MD
 = 4, The Plaintiff-Intervenor alleges that the entire s 

Of electing judicial officers in the State of Texas violates 

their civil rights by diluting their voting strength in violation 

of law. 

5. Larry Evans, is the duly elected State Representative 

from the 147th Legislative District of the State of Texas which 

is located in Houston, Harris County, Texas. 

 



is 

  

is the duly elected State Representative 5. Albert Price, 

from the 22nd Legislative District of the State of Texas which 

located in Beaumont, Jefferson County, Texas. 

2. Harold Dutton, Jr., is the duly elected State 

Representative from the 142nd Legislative District of the State 

of Texas which is located in Houston, Harris County, Texas. 

Thompson, is the duly elected State 

the State 

8. Senfronia 

Representative from the 1l41lst Legislative District of 

Of Texas which is located in Houston, Harris County, Texas. 

is the duly elected State Representative 9. Fred Blair, 

from the 110th Legislative District of the State of Texas which 

Dallas County, Texas. 

is the duly elected State Representative 

is located in Dallas, 

Karyne Conley, 

the 120th Legislative Dis Texas which 

Bexar County, 

10. 

trict of the State of 

Texas. 

State 

from 

is located in San Antonio, 

11. Wilhelmina Delco, elected 

Representative from the 51st Legislative 

duly the 

District of the State of 

is 

Travis County, Texas. Texas which is located in Austin, 

is the duly elected State Representative 

the State of Texas which 
- 

£4 
1 he 

Al Edwards, 12. 

from the 146th legislative District o 

is located in Houston, Harris County, Texas. 

is the duly elected State Representative 

the State of Texas which 

Samuel Hudson, 

Legislative District of 

Texas. 

13. 

100th 

Dallas County, 

from the 

is located in Dallas, 

 



  

14, Fdéie Bernice Johnson, ig ithe duly elected State 

Senator from the 23rd Senatorial District of the State of Texas 

which is located in Dallas, Dallas County, Texas. 

15. Jerald Larry, is the duly elected State Representative 

from the 1llst Legislative District of the State of Texas which 

is located in Dallas, Dallas County, Texas. 

16. ‘Garfield Thompson, is the duly elected State 

Representative from the 95th Legislative District of the State of 

Texas which is located in Fort Worth, Tarrant County, Texas. 

17. Sylvester Turner, is the duly elected State 

Representative from the 139th Legislative District of the State 

of Texas which is located in Houston, Harris County, Texas. 

18. Craig Washington, is the duly elected State Senator 

from the 13th Senatorial District of the State of Texas which is 

located in Houston, Harris County, Texas. 

19. Ron Wilson, 1s the duly elected State Representative 

from the 131st Legislative District of the State of Texas which 

is located in Houston, Harris County, Texas. 

DEFENDANTS 

20. Defendant WILLIAM CLEMENTS is a white adult resident of 

the State of Texas. He is the Governor of the State of Texas, 

and is the Chief Executive Officer of the State and as such is 

charged with the responsibility to execute the laws of the State. 

21. Defendant JIM MATTOX is a white adult resident of the 

State Of Texas. He is the Attorney-General of the State of 

 



  

Texas, and is the Chief Law Enforcement Officer of the laws of 

the State. 

22. Defendant JACK RAINS is a white adult resident of the 

State of Texas. He ls the Secretary of State of the State of 

Texas, and 1s the Chief Elections Officer of the State and as 

such 1s charged with the responsibility to administer the 

election laws of the State. 

23. Defendants THOMAS R. PHILLIPS, JOHN PF. 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, and JOE SPURLOCK, II are white adult residents of 

the State o0of Texas. They are members of the JUDICIAL DISTRICTS 

BOARD created by Art. 5, § 7a of the Texas Constitution of (1876) 

art. 5, § 7a 41985). 

24, Each Defendant 1s sued in his. official capacity as 

alleged herein. 

FACTUAL ALLEGATIONS   

25. Texas has "a history of official discrimination that 

touched the right of Black citizens to register, to vote, and 

octherwise tc participate in the democratic electoral process. 

Primary elections were restricted to Whites in Texas until a 

Black resident of Houston successfully challenged this 

discriminatory practice before the Supreme Court of the United 

States in 1944. The Texas Legislature created a state poll tax 

in 1902 which helped to disenfranchise Black voters until the use 

 



  

of poll taxes was outlawed by the Supreme Court of the United 

States in 1966. 

26. The State of Texas, and its political subdivisions are 

covered by Section 5 of the Voting Rights Act of 1965, as 

amended. Special administrative preclearance regarding changes 

in all State and local voting is required. 

27. Elections in Texas are characterized by significant 

racial bloc voting. In such elections, White voters generally 

vote for White candidates and Black voters generally vote for 

Black candidates. The existence of racial bloc voting dilutes 

the voting strength of Black voters where they are a minority of 

the electorate. 

28. Texas has traditionally used, and continues to use 

unusually large . election districts, particularly in large 

metropolitan areas, which have large concentrations of minority 

voters. 

29. The political processes leading to election of judges 

in Texas are not equally open to participation by Black voters, 

in that Black voters have less opportunity than other members of 

the electorate to participate in the political process and to 

elect ‘judicial officers of their choice. For example, Black 

citizens continue to bear the effects of pervasive official and 

pervasive discrimination in such areas as education, employment 

and health, which hinders their ability to participate in the 

political process. 

 



  

30. . Accoréing to the 1980. Census, Texas had a total 

population of 14,228,383. Blacks comprise approximately 12 

percent of the State's population. 

31. No Black person has ever served on the Texas Supreme 

Court or on the Texas Court of Criminal Appeals. 

32. Judges in Texas are elected in an exclusionary at large 

numbered place system. 

33. Less than 2 percent of the elected judges in Texas are 

Black. 

34. There is a substantial degree of residential 

segregation race throughout the State of Texas. 

35. "Blacks in the State of Texas are a politically 

cohesive, geographically insular minority and the judicial 

candidates they support are usually defeated by a bloc voting 

White majority. 

36. Plaintiff-Intervenor realleges the contents of 

paragraphs of 11-29 of Plaintiffs' First Amended Complaint, as 

they relate to the State of Texas. 

37. In 1985, Art. 6, Section 7 of the Texas Constitution of 

1876 was amended to include Section (a), which created the 

Judicial Districts Board and provided in relevant part that: 

The Legislature, the Judicial Districts Boards, 

or the Legislative Redistricting Board may not 
redistrict the judicial districts to provide for 
any judicial district smaller in size than an 
entire county except as provided by this section. 
Vernon's ann. Tex. Const. Art. 5, Section 7{(a)i. 

 



  

38. Prior +o the 1985 amendment, the Tewas Constitution 

provided that "The State shall be divided into as many judicial 

districts as may now or hereafter the provided by law, which may 

be increased or diminished by law.” Art. 5, Section 7, Texas 

Constitution of 1876. 

39. In the alternative, the failure £0 use a 

non-exclusionary at large election system for judges, dilutes the 

voting strength of Black voters. The use of a non-exclusionary 

at-large voting system could afford Blacks an opportunity +o 

elect judicial candidates of their choice. For example, under an 

at-large system utilizing limited or cumulative voting, Black 

voters would have a more equal opportunity to elect district 

judges. 

40. Plaintiff-Intervenors request that Defendants be 

ordered to pay all Plaintiff-Intervenors taxable costs, necessary 

expenses and attorneys fees. 

WHEREFORE, PREMISES CONSIDERED, Plaintiff-Intervenors pray 

the Court for ' judgment ‘in favor of Plaintiff-Intervenors 

including their taxable costs in this action, necessary expenses 

of litigation and reasonable attorneys fees. 

Respectfully submitted, 

GABRIELLE XK. WWE 
  

CF COUNSEL: State ‘Bar I.D. # 13546000 

301 Congress Avenue, Suite 2050 
MATTHEWS & BRANSCOMB, Austin, Texas 78701 

A Professional Corporation Phone: (512) 320-5055 

Attorneys for Plaintiff-Intervenor, 

The Legislative Black Caucus 

of Texas 

9 

 



  

  

CERTIFICATE OF SERVICE 

I, Gabrielle K. McDonald, hereby certify that on this 
day of April, 1989, a true and correct copy of this Complain 
Intervention of Legislative 

mailed, correctly addressed and postage prepaid, and placed in an 
official depository of the U. 
to-wit: 

William L. Garrett 
Brena Hull Thompson 
8300 Douglas, #800 
Pallas, TX ¢ 75225 

Susan Finkelstein 

201 NN st. Mary's $521 
San Antonio, TX 78205 

E. Bruce Cunningham 
777 8. R.L. Thornton Fwy £121 
Dallas, TX 75203 

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General's Office 
P. OO. Box 12548 
Austin, TX 78711 

Darrell Smith 

10999 Interstate Hwy 10, #905 

San Antonio, TX 78230 

fark H. Dettman 
Midland County Attorney 

O. Box 2559 g
e
 

= 

Midland, TX 79702 

David R. Richards 

600 W 7th St. 

Austin, TX 78701 

4GKMcl; kd (5) 

04-05-89 

Black Caucus of Texas iasS 

S. Mail +0 all counsel of 

Rolanda L. Rios 

201 N. St. Mary's $521 
San Antonio, TX 78205 

Edward B. Cloutman, IY 

3331 Elm 

Dallas, TX 75226-9222 

Julius Levonne Chambers 

Sherrilyn A, Ifill 
99 Budson St., 16th Floor 

New York, N.Y. 10013 

Eugene Clements 
E. O'Neill 

Evelyn V. Keys 
Porter & Clements 

700 Louisiana #3500 
Houston, TX 77002-2730 

Michael J. Wood 

440 Louisiana #200 

Houston, TX 77002 

Ken Oden 
Travis County Attorney 

Robert H. Mow, Jr. 

2800 Momentum Place 

1717 Main St. 

TX 75201 

ity I 

record, 

  

/ GABRIELLE K. MCDONALD 

10 

 



  

IN THE UNITED STATES. DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), et'al., 

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 
Francis Williams, Rev. William 
Lawson, Deloyd T. Parker, 

Bennie McGinty, 
PLAINTIFF-INTERVENORS, 

Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENORS, 

VS. 

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, 

ALL IN THE OFFICIAL CAPACITIES; 

THOMAS R. PEILLIPS, JOHN F, 

ONION, JR.; RON CHAPMAN; THOMAS 

J. STOVALL, JR.; JAMES F. 

CLAWSON, JR.; JOE E. KELLY; JOE 

B. EVINS; SAM B. PAXSON; 

WELDON KIRK; CHARLES J. 

MURRAY; RAY D. ANDERSON; JOE 

SPUORIOCK II, ALL IN THEIR 

OFFICIAL CAPACITIES AS MEMBERS 

OF THE JUDICIAL DISTRICTS BOARD 

OF THE STATE OF TEXAS, 

DEFENDANTS. 

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IN
 

CIVIL ACTION NO. MO   

PLAINTIFF-INTERVENOR THE LEGISLATIVE BLACK CAUCUS OF TEXAS' 
  

RESPONSE IN OPPOSITION TO DEFENDANT WOOD'S 
  

MOTION FOR INVOLUNTARY DISMISSAL 
  

COMES NOW Plaintiff-Intervenor The Legislative Black Caucus 

of Texas and hereby responds to Defendant Wood's Motion for 

 



  

Involuntary Dismissal and prays that the Court deny the Motion as 

being without any foundation and in support thereof would show 

the following: 

Is 

Plaintiff-Intervenor The Legislative Black Caucus of Texas 

appeared before this Court on February 27, 1989 and submitted its 

Motion to Intervene as a Plaintiff. This Motion was unopposed by 

any party. Counsel for Defendant Wood was present and he 

likewise did not express any opposition to the intervention. 

This Motion was granted. The Court likewise ruled on a number of 

other matters that were presented on that date. 

ir. 

This Plaintiff-Intervenor has not failed to prosecute the 

case. Indeed, Defendant Wood filed Interrogatories and a Request 

for Production of Documents addressed to this 

Plaintiff-Intervenor. Responses were submitted on March 20, 

1929, 

TYY 

Plaintiff-Intervenor has submitted for filing its Complaint 

in Intervention. The thrust of the Complaint in Intervention is 

that the Legislative Black Caucus of Texas is a most adequate 

representative of the Black registered voters of the State of 

Texas and because of the organization and its constituent 

members, it 1s in a most favorable position to address the 

question of whether Black voters in the State of Texas have been 

and continue to be denied an equal opportunity to participate in 

 



  

the political process and elect candidates of their choice and to 

propose the appropriate remedy. 

IV. 

The Legislative Black Caucus of Texas submitted for filing 

its Complaint in Intervention. It is its understanding that the 

Plaintiffs will be filing an Amended Complaint. As Intervenors, 

they are bound by the Complaint. Therefore, by filing this 

Complaint, it does not wish to waive its opportunity to file an 

amended complaint in intervention at such time as the Plaintiff, 

consistent with the established Court deadlines, files its 

Amended Complaint. 

WHEREFORE, for all the foregoing reasons, 

Plaintiff-Intervenor, The Legislative Black Caucus of Texas, 

prays that this Court deny the Motion of Defendant Wood for 

Involuntary Dismissal. Plaintiff-Intervenor does not hereby 

waive its entitlement for sanctions pursuant to Rule 11 or 28 

u.5.C. § 19217, 

Respectfully submitted, 

   iL 
  

  

RIELLE K. McDONALD i 4 
OF COUNSEL: State Bar I.D. # 13546000 

301 Congress Avenue, Suite 2050 
MATTHEWS & BRANSCOMB, Austin, Texas 78701 

A Professional Corporation Phone: (512) 320-5055 

Attorneys for Plaintiff-Intervenors 
Legislative Black Caucus 

 



  

CERTIFICATE OF SERVICE 
  

YT, Gabrielle XX. McDonald, hereby certify that on this 5th 

day of April, 1989, a true and correct copy of this Response in 
Opposition of Legislative Black Caucus of Texas to Defendant 
Wood's Motion for Involuntary Dismissal was duly mailed, 
correctly addressed and postage prepaid, and placed in an 
official depository of the U, 8S. Mail to all counsel of record, 
to-wit: 

William L. Garrett Rolanda L. Rios 
Brena Hull Thompson 201 N. St. Mary's #521 
8300 Douglas, #800 San Antonio, TX 78205 
Pallas, TX 75225 

Susan Finkelstein Edward B. Cloutman, III 

201 N St. Mary's £521 3301 Elm 
San Antonio, TX 78205 Dallas, TX 75226-9222 

E. Bruce Cunningham 
777 8. R.L. Thornton Fwy 4121 
Dallas, TX. 75203 

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General's Office 
P. O. Box 12548 
Austin, TX 78711 

Darrell Smith 

10999 Interstate Hwy 10, 
San Antonio, T™X 78230 

#905 

Mark H. Dettman 

Midland County 
Box 25590 

TX 

Attorney 

79702 

David R. Richards 

500 W 7th St. 

Austin, TX 78701 

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04-05-89 

Julius Levonne Chambers 

Sherrilyn A. Ifill 
99 Hudson St., 16th Floor 

New York, N.Y. 10013 

J. Eugene Clements 
John E. O'Neill 

Evelyn V. Keys 
Porter & Clements 

700 Louisiana #3500 
Houston, TX 77 

Michael J. Wood 

440 Louisiana #200 

Houston, TX 77002 

Robert B. Mow, Jr. 

2800 Mcmentum Place 

1717 Main St. 

Dallas, TX 75201 

ee AT 
IELLE K. MCDONALD 
  

4 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-OCDESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 
CITIZENS (LULAC), et al., 

PLAINTIFFS, 

Houston Lawyers' Association 
Alice Bonner, Weldon Berry, 
Francis Williams, Rev. William 

Lawson, Deloyd T. Parker, 
Bennie McGinty, 

PLAINTIFF-INTERVENORS, 

Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENORS, 

Vs. 

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, 

ALL IN THE OFFICIAL CAPACITIES; 

THOMAS R. PHILLIPS, JOEN F. 

ONION, JR.; RON CHAPMAN; THOMAS 

J. STOVALL, JdR.; JAMES F. 

CLAWSON, JR.; JOE E. KELLY; JOE 

B. EVINS; SAM B. PAXSON; 

WELDON KIRK; CHARLES J. 

MURRAY; RAY D. ANDERSON; JOE 

SPUORLOCK 11, ALL IN THEIR 

OFFICIAL CAPACITIES AS MEMBERS 

OF THE JUDICIAL DISTRICTS BOARD 

OF THE STATE OF TEXAS, 

DEFENDANTS. 

ORDER DENYING 

CIVIL ACTION NO. MO-88-CA-154   

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DEFENDAN 
  

MOTION FOR INVOLUNTARY DISMISSAL 
  

BE IT REMEMBERED that on this day came on to be considered 

and the the Motion of Defendant Wood for Involuntary Dismissal 

Response in Opposition to Defendant Wood's Motion for Involuntary 

 



  

4 » 

Dismissal of Plaintiff-Intervenor, The Legislative Black Caucus 

of Texas and the Court having considered same finds that: 

Plaintiff-Intervenor, The Legislative Black Caucus of Texas 

appeared before this Court on February 27, 1989 and submitted its 

Motion to Intervene as a Plaintiff. The Motion was unopposed by 

any ‘party. Counsel for Defendant Wood was present and he 

likewise did not express any opposition to the intervention. 

This Court, therefore, granted #+he Motion to Intervene of 

The Legislative Black Caucus of Texas, no opposition having been 

made. 

The Court further finds Defendant Wood has heretofore 

propounded Interrogatories and a Request for Production of 

Documents on Plaintiff-Intervenor, The Legislative Black Caucus 

of Texas, and that responses to those discovery requests have 

been made by Plaintiff-Intervenor. 

The Court further finds that the Complaint in Intervention 

filed by Plaintiff-Intervenor Legislative Black Caucus of Texas 

ralses no new issues. 

It is, therefore, ORDERED, ADJUDGED and DECREED that the 

Motion of Defendant Wood for Inveluntary Dismissal ke and is 

SIGNED this day of , 1889, 
    

  

UNITED STATES JUDGE PRESIDING 

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