Motion and Order to Enroll as Counsel of Record

    CARTER & CATES , 
A PARTNERSHIP OF PROFESSIONAL LAW CORPORATIONS 

SUITE 1230 ENERGY CENTRE 

1100 POYDRAS STREET 

NEW ORLEANS, LOUISIANA 70163 

TELEPHONE 

(504) 569-2005 

VIA FACSIMILE AND U.S. MAIL: 

William P. Quigley 
901 Convention Center Blvd. 
7214 St. Charles 
New Orleans, LA 70118 

Roy Rodney, Jr. 
643 Magazine Street 
New Orleans, LA 70130 

Darleen Jacobs 
823 St. Louis Street 
New Orleans, LA 70112 

Victor A. Bolden 
99 Hudson Street 
Suite 1600 
New York, NY 10013 

October 2, 1997 

Ronald Wilson 
837 Gravier Street 
New Orleans, LA 70113 

Walter Willard 
601 Poydras Street 
New Orleans, LA 70130 

eRfrD OCT 0 0997 

REVD ,) 1997 

Robert Pugh 
330 Marshall Street, Ste. 1200 
Shreveport, LA 71101 

Peter Butler 
755 Magazine Street 
New Orleans, LA 70130 

RE: Ronald Chisom, Et Al. versus Edwin Edwards, Et Al. 
Civil Action No: 86-4075, Section A, Magistrate 6 
United State District Court, Eastern District for the State of Louisiana 
Our File Number: 2305 

Counselors: 

FAX 

(504) 569-2008 

Please find enclosed herewith a conformed copy of a Motion for Bernette J. Johnson to 
Intervene as Plaintiff with regard to the above captioned case. 

Thank you for your attention to this matter. 

Sincerely, 

enc. 
Ash62305chis.om 



• MOM- 0 1997 

UNITED:STATES:SITS-URIC-1' COURT 
EASTERN DISTRICT.FOR THE STATE OF LOUISIANA 

" -2 p „;1, 
RONALD CHISOM, ET AL., * CIN't-IJACTION NO: 86-4075 

PLAINTIFFS, - SECTION A 
• , , Magistrate 6 

versus 

EDWIN EDWARDS, ET AL. * 
DEFENDANTS. 

* * * * * * * * * * * * * * * * * * 

MOTION AND ORDER TO ENROLL AS COUNSEL OF RECORD 

NOW INTO COURT, through undersigned counsel, comes Plaintiff in Intervenon, 

BERNETTE J. JOHNSON, and moves this Court to enroll SIDNEY H. CATES, IV and 

MELISSIA A. BUCKHALTER of CARTER & CATES and HENRY JULIEN as counsel. of 

record for said plaintiff in these proceedings. 

FAUSERS\REGINA\MAB\CHISOM.MTE 

R p tfully sub 

.C, 
\s/ 

SIDNEY . CATES, IV #4052 
MELISS A. BUCKHALTER #23429 
CARTER & CATES 
1100 Poydras Street, Suite 1230 
Enemy Centre 
New Orleans, Louisiana 70163 

HENRY JULIEN - 7548 
ATTORNEY AT LAW 
2475 Canal Street 
Suite 303 
New Orleans, Louisiana 70119 

Attorneys for Applicant for Intervention 
Bernette J. Johnson 



ORDER  

ON CONSIDERING THE ABOVE AND FOREGOING: 

IT IS ORDERED that Sidney H. Cates, IV and Melissia A. Buckhalter of Carter & 

Cates and HENRY JULIEN be and are hereby enrolled as counsel of record for plaintiff in 

intervention. BERNETTE J. JOHNSON, in these proceedings. 

JUDGE 

CERTIFICATE OF SERVICE 

I DO HEREBY CERTIFY that I have on this;Kot  day of  aaaceA---, 1997, 

served a copy of the foregoing pleading on counsel for all parties to this proceeding by mailing the 

same by United States Mail, properly addressed and first class postage prepaid or by hand delivery. 

FAUSERS\REGINANAB\CHISOM.MTE 



• 
UNITED STATES DISTRICT COU,14 -: 

EASTERN DISTRICT OF LOUISVAKk -2 

RONALD CHISOM, ET AL., * CIVIL ACTION NO: 86-4075 
PLAINTIFFS, SECTION A 

Magistrate 6 

versus 

EDWIN EDWARDS, ET AL. * 
DEFENDANTS. 

* * * * * * * * * * * * * * * * * * 

MOTION OF BERNETTE J. JOHNSON TO INTERVENE AS PLAINTIFF  

The Honorable Bernette J. Johnson, Associate Justice of the Supreme Court of Louisiana, 

moves pursuant to Federal Rule of Civil Procedure 24(a) to intervene as of right in the above 

captioned matter as a plaintiff. Alternatively, she moves for permissive intervention pursuant to 

Federal Rule of Civil Procedure 24(b) for the following reasons: 

That plaintiff in the Perschall action, Louisiana Civil Action No. 95-259 which has been 

consolidated with this action, is seeking to nullify the Consent Decree agreed upon by all of the 

parties in Chisom v. Edwards, E.D. La Civil Action No. 86-4075(A), through a constitutional 

challenge of Louisiana Act No. 512 (1992), the legislation enacted by the State of Louisiana for 

the specific purpose of settling the Chisom case. 

That applicant is presently sitting as Associate Justice in a seat at the Louisiana Supreme 

Court which was established as a part of, and pursuant to, the Consent Decree in the Chisom 

case. 



That intervenor is adversely impacted by the decision of the Louisiana Supreme Cour: 

which held that Act 512 be declared unconstitutional. Applicant's interests vill be adversely 

affected in that she may be unseated as Justice for the Louisiana Supreme Court prior to the 

expiration of her term. Justice Johnson has a direct, concrete interest in serving her term at the 

Louisiana Supreme Court as mandated by Act 512 and the Consent Decree. 

IV. 

That as a practical matter, applicant vill be bound by the judgment rendered in this 

matter. Should applicant attempt to attack the judgment at a later time, her attempts would be 

deemed an impermissible collateral attack. Therefore, the applicant has an interest relating to the 

transaction which is the subject of this action, and the disposition of the action may impair or 

impede her ability to protect her interest.. 

V. 

That the applicant's interests are not adequately represented by the existing parties. The 

State of Louisiana does not represent applicant's interests because by definition, state and federal 

governments represent only the broad public interests in seeing their respective laws enforced 

and would have no interest in the specific impact on applicant of a decision regarding the 

constitutionality of Act 512. Neither do any of the other parties have an interest in the impact of 

the case directly and specifically on applicant. Thus, neither the State nor any of the other parr:es 

in this matter has the right to assert the personal interest of Justice Johnson. 

VI. 

That the present motion to intervene has been timely filed since this case has been re-

lodged in this Court following a denial of an application for rehearing within the past two weeks. 



This was in response to an opinion by the Louisiana Supreme Court last month on the- 

constitutionality of the seat on which applicant is presently sitting as Associate Justice. Further. 

applicant's request to intervene will not delay the litigation of this matter. 

VII. 

That should the Court deny applicant's motion to intervene of right, applicant requests 

that the Court grant permissive intervention pursuant to Rule 24(b). The applicant's claims 

clearly overlap factually and legally with the claims in the principal action. 

WHEREFORE, applicant, the Honorable Bernette J. Johnson, prays that this Court 

grants her motion to intervene as of right pursuant to Federal Rule of Civil Procedure 24(a). 

Alternatively, applicant prays that this Court grants her permissive intervention pursuant to 

Federal Rule of Civil Procedure 24 (b). 

Respectfully submitted, 

SID E H. A S I #4052 
MELISSIA A. BUCKHALTER #23429 
CARTER & CATES 
1100 Poydras Street, Suite 1230 
Energy Centre 
New Orleans, Louisiana 70163 
(504) 569-2005 

HENRY JULIEN - 7548 
ATTORNEY AT LAW 
2475 Canal Street 
Suite 303 
New Orleans, Louisiana 70119 
(504) 822-2376 

Attorneys for Applicant for Intervention 
Bernette J. Johnson 



• 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion to Intervene as Plaintiff has been 

forwarded to all parties by placing_ the same in the U.S. mail, properly addressed and postage 

prepaid on this  Z,  day of  (i , 1997. 

Sidney H. çati7 #40 2 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, ET AL., * CIVIL ACTION NO: 86-4075 
PLAINTIFFS, SECTION A 

Magistrate 6 

versus 

EDWIN EDWARDS, ET AL. * 
DEFENDANTS. 

* * * * * * * * * * * * * * * * * * 

CERTIFICATE PURSUANT TO LOCAL RULE 7.6w  

I certify that I have contacted counsel for all of the parties in this case and advised them 

of my intention to file the foregoing Motion to Intervene as Plaintiff. Counsel for each of the 

parties stated that they had no opposition to the motion. 

October 2, 1997. 

Sidn y H. ate , #40 2 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, ET AL., * 
PLAINTIFFS, 

versus 

* 

EDWIN EDWARDS, ET AL. * 
DEFENDANTS. 

* * * * * * * * * * * * * * * * * * 

CIVIL ACTION NO: 86-4075 
SECTION A 
Magistrate 6 

MEMORANDUM IN SUPPORT OF  
MOTION OF BERNETTE J. JOHNSON  

TO INTERVENE AS PLAINTIFF  

This action falls within the parameters of the United States Constitution and under 

Section 2 of the Voting Rights Act of 1965, as amended in 1982, 42 U.S.C. 1973. 

The Honorable Bemette J. Johnson is an Associate Justice of the Supreme Court of 

Louisiana. Justice Johnson's seat was established as part of, and pursuant to the Consent Decree 

of the Chisom case. Justice Johnson has moved pursuant to Federal Rule of Civil Procedure 24 

(a) to intervene as of right in this action. She has moved in the alternative for permissive 

intervention under Rule 24 (b). 

•LAW AND ANALYSIS 

Intervention of Right.  

The jurisprudence clearly sets forth the criteria for intervention of right under Rule 24 (a). 

Those requirements are that the intervenor: (1) has an interest relating to the transaction that is 

the subject of the action; (2) that she is so situated that disposition of the action may as a 

practical matter impair or impede her ability to protect that interest; (3) that applicant's interests 



are not adequately represented by existing parties; and (4) that the application be timely. Nosi 

v. United Gas Pipe Line Co., 732 F.2d 452. 453 (5th Cir.) (en banc), cert denied. 469 U.S. 1 .9 

(1984). Justice Johnson meets all the requirements as set out more fully below. 

1. Justice Johnson has an interest relating to the transaction that is the subject of the 

action.  

An intervenor of right must show a direct and substantial interest in the subject matter of 

the litigation. Cascade Natural Gas Corp. v. El Paso Natural Gas, 386 U.S. 129 (1967). Justice 

Johnson has a direct and substantial interest in the subject matter of this litigation. Justice 

Johnson's interests will be adversely affected in that she may be unseated as Justice for the 

Louisiana Supreme Court prior to the expiration of her term. As such, Justice Johnson has a 

direct and substantial interest in the subject matter of this litigation. 

2. Justice Johnson is so situated that disposition of the action may impair or impede 
her ability to protect her interest.  

As a practical matter, Justice Johnson will be bound by the judgment rendered in this 

matter. Should Justice Johnson attempt to attack the judgment at a later time, her attempts would 

be deemed an impermissible collateral attack. Therefore, the applicant is so situated that 

disposition of the action may impair or impede her ability to protect her interest. Applicant's 

being bound by .a judgment in this case would clearly impair her interest. Atlantis Development 

Corp. v. United States, 379 F.2d 818 (5th Cir.1967). 

3. Justice Johnson is not adequately represented in these proceedings.  

The burden of showing inadequate representation for intervention of right generally is not 

considered to be a difficult one. Trbovich v. United Mine Workers, 404 U.S. 528 (1972). The 



Fifth Circuit will hear a presumption of adequacy of representation only if the objectiv:s souL-. 

by the intervenor are the same as those of a party. Bush v. Vitema. 740 F.2d 350. 355 5th 

Cir.1984). Emphasis added. 

The State of Louisiana does not represent applicant's interests because by defir_tion. 

and federal governments represent only the broad public interest in seeing their respective laws 

enforced and would have no interest in the specific impact on applicant of a decision reczardinz 

the constitutionality of Act 512. None of the other parties have an interest in the impact of the 

case directly and specifically on applicant. As such, neither the State nor any of the other 

in this matter has the right to assert the personal interest of Justice Johnson. 

The application for intervention is timely.  

The timeliness of an application for intervention depends on the facts of the case. Justice 

Johnson's motion to intervene is timely since this case has been re-lodged in this Court following 

a denial of an application for rehearing within the past two weeks. This was in response to an 

opinion by the Louisiana Supreme Court last month on the constitutionality of the seat on which 

applicant is presently sitting as Associate Justice. Further, Justice Johnson's request to intervene 

will not delay the litigation of this matter. 

Permissive Intervention.  

If this Honorable Court should deny the applicant's motion to intervene of right_ applicant 

requests that the Court grant permissive intervention pursuant to Rule 24 (b). As stated in 

applicant's motion, applicant's claims clearly overlap factually and legally with the claims in the 

principal action. Applicant claims that her interests are adversely affected in that she may be 

unseated as Justice for the Louisiana Supreme Court prior to the expiration of her term. 



S 
CONCLUSION  

For the foregoing reasons. Justice Johnson respectfully requests that this Honorable C,rt 

grant her Motion to Intervene. 

October 2, 1997. 

Respectfully submitted, 

SID EY V #4052 
ME ISSI A. BUCKHALTER #23429 
CARTER & CATES 
1100 Poydras Street, Suite 1230 
Energy Centre 
New Orleans, Louisiana 70163 
(504) 569-2005 

HENRY JULIEN - 7548 
ATTORNEY AT LAW 
2475 Canal Street 
Suite 303 
New Orleans, Louisiana 70119 
(504) 822-2376 

Attorneys for Applicant for Intervention 
Bennette J. Johnson 



S 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion to Intervene as Plaintiff has been 

forwarded to all parties by placing the same in the U.S. mail, properly addressed and postage 

prepaid on this  L  day of  , 1997. 

Sidiky H. rates, IV #4052 



UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

RONALD CHISOM, ET AL., * 
PLAINTIFFS, 

versus 

EDWIN EDWARDS, ET AL. * 
DEFENDANTS. 

* * * * * * * * * * * * * * * * * * 

CIVIL ACTION NO: 86-4075 
SECTION A 
Magistrate 6 

ORDER 

Considering the motion of the applicant, Bernette J. Johnson and the fact that none of the 

parties have an objection to same, it is ordered that said motion to intervene filed by the applicant 

is hereby granted. 

• UNITED STATES DISTRICT JUDGE 



CARTER & CATES 
A PARTNERSHIP OF PROFESSIONAL LAW CORPORATIONS 

SUITE 1230 ENERGY CENTRE 
1100 POYDRAS STREET 

NEW ORLEANS, LOUISIANA 70163 

Victor A. BOlden 
99 Hudson"Street 
Suite 1600-z 
New York, NY 10013 

/,% 

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