Defendant-Intervenor Judge Sharolyn Wood's Motion to Divide Time; Argument Form

    PorTER & CLEMENTS 
NCNB CENTER 

700 LOUISIANA, SUITE 3500 
ATTORNEYS MAILING ADDRESS: 

77002-2730 HOUSTON, TEXAS O P.O. BOX 4744 

HOUSTON, TX 77210-4744 

A PARTNERSHIP INCLUDING 

PROFESSIONAL CORPORATIONS 
  

TELEPHONE (713) 226-0600 

J. EUGENE CLEMENTS, P.C. TELECOPIER (713) 228-1331 

PARTNER TELEX 775-348 

(713) 226-0606 

March 13, 1991 

FEDERAL EXPRESS O/V DELIVERY 
  

Hon. Joseph F. Spaniol, Jr., Clerk 

The Supreme Court of the United States 
One First Street N.E. 

Washington, D.C. 20543 

Re: No. 90-813; Houston Lawyers’ 
Association, et al. v. 

Attorney General of Texas, et al.; 

Supreme Court of the United States 

Dear Mr. Spaniol: 

Enclosed are an original and ten copies of Defendant-Intervenor Judge Sharolyn Wood’s 

Motion to Divide Time for oral argument in the above entitled and numbered cause set for April 
22, 1991. 

By copy of this letter, we are forwarding a copy of the above mentioned Motion to 

counsel of record herein by first class mail, postage prepaid. 

Yours very truly, 

  

JEC:dmc 

Enclosure 
3250C:\DOCS\W0027001:03 

cc: All Counsel of Record, w/encl. 
(See attached list)  



  

NO. 90-813 

IN THE SUPREME COURT OF THE UNITED STATES 

OCTOBER TERM, 1990 

HOUSTON LAWYERS’ ASSOCIATION, ET AL. 

Petitioners 

Vv. 

ATTORNEY GENERAL OF TEXAS, ET AL. 

RESPONDENTS. 

DEFENDANT-INTERVENOR JUDGE SHAROLYN WOOD'S 

MOTION TO DIVIDE TIME 
  

Judge Sharolyn Wood, Defendant-Intervenor in this cause, 

respectfully moves the Court to divide the time for oral argument 

between the Attorney General of Texas and counsel for Judge Wood 

for the following reasons: 

1. Defendant-Intervenor Wood has had principal responsibili- 

ty for the defense of the case with respect to Harris County, 

Texas, from the earliest days of discovery through the appeal to 

this Court. Judge Wood has been diligent and responsible in 

briefing the law applicable to this case. In fact, as the Court 

may have noticed, Judge Wood filed the only briefs in opposition to 

the Petitions for Certiorari filed by each Petitioner. 

2. Judge Wood has played a special role with respect to 

Harris County, the largest county in Texas. In part, the impor- 

tance of Judge Wood’s contribution has resulted from the vigor of 

 



the attack by the New York lawyers for the Houston Lawyers’ 

Association (who specialize in civil rights and voting rights 

litigation). The HLA has played a counterpoint role as plaintiff- 

intervenor to that played by Judge Wood as Defendant-Intervenor. 

The result of the interface between HLA and Judge Wood has been 

that Houston facts and legal development has played a dispropor- 

tionate role in the evolution of the case to this point. 

3. Judge Wood (together with counsel for Judge Entz) has 

been diligent in presenting certain arguments which the Attorney 

General of Texas, for philosophical or political reasons has not 

chosen to emphasize or, as it relates to constitutional issues, 

address at all. The most critical of these arguments is that 

Section 2b of the Voting Rights Act, by its careful selection of 

language indicative of Congressional intent, does not reach the 

elected judiciary, the argument that was ultimately adopted by the 

majority of the Fifth Circuit en banc panel. Judge Wood (again 

together with Judge Entz) has been instrumental in arguing 

constitutional problems that result from application of Section 2b 

10 the elected trial judiciary. 

4. While the Attorney General of Texas has general responsi- 

bility for the ten counties targeted in this suit and the subse- 

quent appeal, only the Defendant-Intervenors Wood and Entz have 

addressed the full scope of issues before the Court. 

Accordingly, Defendant-Intervenor Judge Sharolyn Wood  



  

respectfully requests that the time allotted to the Respondents in 

the presentation of Cause No. 90-813 on April 22, 1991, be divided 

in such a way that she has some or all of the available agrument 

time for Respondents. 

Respectfully submitted, 

By: (J : ps (2h niin Oo 
J. Euge Clemerrts 

3500 NCNB Center 
P. O. BOX 4744 

700 Louisiana Street 
Houston, Texas 77210-4744 

(713) 226-0600 
FAX: (713): 228-1331 

  

ATTORNEYS FOR APPELLANT /INTER- 

VENOR/DEFENDANT JUDGE SHAROLYN WOOD 

OF COUNSEL: 

Evelyn V. Keyes 
PORTER & CLEMENTS 
700 Louisiana, Suite 3500 
Houston, Texas 77002-2730 
Telephone: (713) 226-0600 
Facismile: (713) 228-1331 
MICHAEL J. WOOD 

440 Louisiana, Suite 200 
Houston, Texas 77002 

Telephone: (713) 228-5101 
Facsimile: (713) 223-9133 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that on this 3% aay of March, 
and correct copy of the above anc 

1891, a true 

foregoing document has been 
mailed to all counsel of record by placing same into the United 
States mail, first class postage prepaid, addressed as follows: 

Mr. David C. Godbey, Jr. 
Mr. Robert H. Mow, Jr. 

Hughes & Luce 
2800 Momentum Place 

1717 Main Street 
Dallas, Texas 75201 

Mr. John Li. Hill, Jr. 
Mr. Andy Taylor 
Liddell, Sapp, Zivley, Hill & LaBoon 
3300 Texas Tower 

Houston, Texas 77002 

Mr. Seagal V. Wheatley 
Mr. Donald R. Philbin, Jr. 
Oppenheimer, Rosenberg, Kelleher & Wheatley 
711 Navarro Street, 6th Floor 
San Antonio, Texas 78205 

Mr. Mark H. Dettman 

Attorney at Law 
Post Office Box 2559 
Midland, Texas 79702 

 



  

Mr. Gerald H. Goldstein 
Goldstein, Goldstein & Hilley 
29th Floor, Tower Life Bldg. 
San Antonio, Texas 78205 

Mr. Joel H. Pullen 
Kaufman, Becker, Pullen & Reibach 
2300 NCNB Plaza 

300 Convent Street 

San Antonio, Texas 78205 

Mr. R. James George 
Mr. John M. Harmon 
Ms. Margaret H. Taylor 
Graves, Dougherty, et al. 
P.O. Box 98 
Austin, Texas 78767 

Mr. William L. Garrett 
Garrett, Thompson & Chang 
8300 Douglas, Suite 800 
Dallas, Texas 75225 

Mr. Rolando L. Rios 
Attorney at Law 
201 N. St. Mary’s, Suite 521 
San Antonio, Texas 78205 

Ms. Susan Finkelstein 
Attorney at Law 
201 N. St. Mary'’s, Suite 624 
San Antonio, Texas 78250 

Ms. Gabrielle K. McDonald 
Matthews & Branscomb 

301 Congress Ave., Suite 2050 
Austin, Texas 78701 

 



  

Mr. Renea Hicks 
Mr. Javier Guajardo 
Special Asst. Atty. Generals 
P. O. Box 12548 

Capitol Station 
Austin, Texas 78711 

Mr. Edward B. Cloutman, II 
Cloutman, Albright & Bowen 
3301 Elm Street 
Dallas, Texas 75226-1637 

Ms. Sherrilyn A. Ifill 
NAACP Legal Defense and 

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

Mr. E. Brice Cunningham 
Attorney at Law 
777 South R.L. Thornton Freeway 
Suite 121 

Dallas, Texas 75203 

Mr. Michael Ramsey 
Ramsey & Tyson 
2120 Welch 
Houston, Texas 77019 

Mr. Daniel J. Popeo 
Mr. Paul D. Kamenar 
Mr. Alan M. Slobodin 
1705 N. Street, N.W. 
Washington, D.C. 20036 

 



Mr. Paul Strohl 
Attorney at Law 
100 Founders Square 
900 Jackson Street 
Dallas, Texas 75202 

Mr. Daniel M. Ogden 
Attorney at Law 
900 Chateau Plaza 
2515 McKinney Avenue 
Dallas, Texas 75201 

Hon. Richard Thornburgh 
Attorney General of the 

United States 
United States Department of Justice 
Main Justice Building 
10th & Pennsylvania Avenue, N.W. 
Washington, D.C. 20530 

A. Eugene/Clements 
  

3250C:\DOCS\W0027001:06  



"ge ® ARGUMENT FORM » 

SUPREME COURT OF THE UNITED STATES 

  

TO: “Counsel of Record” 

Please complete all applicable parts of this form and return immediately to: Sandy Nelsen, Assistant Clerk, Supreme Court of 

the United States, Washington, D.C. 20543. 

  

\ Case No.: 20-813 - Houston Lawyers' Ass'n, et al. Attorney General of Texas et al. 
  

  

  

  

  

  

(Petitioners) or Appellant(s)) (Respondent(s) or Appellee(s)) 

Case No.: 20-974 - LULAC, et al. vp. Attorney General of Texas, et al. 

(Petitioner(s) or Appellant(s) (Respondent(s) or Appellee(s)) { 

Case No.: 
v. 

(Petitioner(s) or Appellant(s) 
(Respondent(s) or Appellee(s)) 

Date of Argument: April 22, 1991   

  Arguing Counsel: J. Eugene Clements 
(Must be a Member of the Bar of the Supreme Court or must have been allowed to argue pro hac vice by order of this Court. 

(Preferred Phonetic Pronunciation):   
O Mr. O Ms. OJ Mrs. OJ Miss 

Title, if any: Attorney 
  

(Solicitor General, Attorney General, City Attorney, etc.) 

Address: 700 Touisiana, Suite 3500 
  

City and State: Houston, Texas 
Zip: 77002 
  

  

  “Telephone: (713) 226-0600 

Were you appointed by this Court? OJ Yes =] No Allowed to argue pro hac vice? [J Yes No 

Name of party(ies) for whom counsel will argue: Judge Sharolyn Wood   

  

Please complete the following only if the Court has granted permission for Divided Argument: 

  

  

  

B 
Name of party(ies) for whom counsel will argue: 

Total Minutes: 

(Name of counsel who will argue first) . 

Name of party(ies) for whom counsel will argue: 

Total Minutes: 
  

(Name of counsel who will argue second)       
C Please indicate names of Other Counsel who are members of the Bar of the Supreme Court that arguing counsel wants to have 

seated at Counsel Table: 

Robert H. Mow, JL City / State Dallas / Texas 

  

  

  

  
City / State 

/ 

  

D IT IS IMPORTANT THAT ALL REQUESTED INFORMATION BE SUBMITTED TO THIS OFFICE WITHOUT DELAY. 

DATE March 13, 1991 sionaTURE EL 
  

  

  

ee (Counsel of record) 

16001-7-86