First Amended Complaint in Intervention of Legislative Black Caucus of Texas

    MATTHEWS & BRANSCOMB 
A PROFESSIONAL CORPORATION 

ATTORNEYS AT LAW 

SOI CONGRESS AVENUE, SUITE 2050 

  

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

CORPUS CHRISTI, TEXAS 78477 TELEPHONE 512-320-5055 SAN ANTONIO, TEXAS 78208 

512-888-9261 TELECOPIER 512-320-5013 5i2-226-421| 

April ‘20, 1989 
GABRIELLE K. MCDONALD 

Federal Expressed 
  

U.S. District Clerk 
P. O. Rox 10708 
Midland, Texas 79702 

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 followings 

First Amended Complaint in Intervention of Legislative 
Black Caucus of Texas. 

I would appreciate your filing this instrument in the 
above-entitled cause. 

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

Sincerely yours, 

MATTHEWS & BRANSCOMB 
A Professional Corporation 

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Gabrielle K. McDonald 

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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, Delcoyd T. Parker, 
Bennie McGinty, 

PLAINTIFF-INTERVENORS, 

Legislative Black Caucus of 
Texas, 

PLAINTIFF-INTERVENOR, 

VS. 

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 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 
  

DEFENDANTS. 

FIRST AMENDED 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 pursuant to Rule 

 



  

15(a), Fed. R. Civ. P. and files this its First Amended Complaint 

in Intervention. 

Introduction 
  

1. This action is brought by the Legislative Black Caucus 

of Texas, which seeks to intervene as an entity, as Plaintiff, in 

League of United Latin American Citizens (LULAC), et al. v. Jim 
  

Mattox, et al, in Cause No. MO-88-CA-154, pending in the United 
  

States District Court for the Western District of Texas, 

Midland-Odessa Division. This is a statewide organization, 

comprised of the following duly elected Black State 

Representatives and Senators from throughout the State of Texas 

who serve in the Texas legislature. 

(a) 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. 

(b) Albert Price, is the duly elected State 

Representative from the 22nd Legislative District of the State of 

Texas which is located in Beaumont, Jefferson County, Texas. 

(c) 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. 

(d) Senfronia Thompson, is the duly elected State 

Representative from the 141st Legislative District of the State 

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

 



(e) 

Representative 

of Texas which 

{£) 

Representative 

of Texas which 

(9) 

Representative 

Texas which is 

(h) 

Representative 

of Texas which 

(1) 

Representative 

of Texas which 

(3) 

Fred Blair, is the duly elected State 

from the 110th Legislative District of the State 

is located in Dallas, Dallas County, Texas. 

Karyne Conley, is the duly elected State 

from the 120th Legislative District of the State 

is located in San Antonio, Bexar County, Texas. 

Wilhelmina Delco, is the duly elected State 

from the 51st Legislative District of the State of 

located in Austin, Travis County, Texas. 

Al Edwards, is the duly elected 

from the 146th Legislative District of the 

is located in Houston, Harris County, Texas. 

Samuel Hudson, is the duly elected 

from the 100th Legislative District of the 

is located in Dallas, Dallas County, Texas. 

Eddie Bernice Johnson, is the duly elected 

Senator from the 23rd Senatorial District of the State of 

which is located in Dallas, Dallas County, Texas. 

(k) 

Representative 

of Texas which 

(1) 

Representative 

Texas which is 

Jerald Larry, is the duly elected 

from the 1lllst Legislative District of the 

is located in Dallas, Dallas County, Texas. 

Garfield Thompson, is the duly elected State 

from the 95th Legislative District of the State of 

located in Fort Worth, Tarrant County, Texas.  



  

(m) 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. 

(n) Craig Washington, is the duly elected State 

Senator from the 13th Senatorial District of the State of Texas 

which is located in Houston, Harris Courts. Texas. 

(0) Ron Wilson, is the duly elected State 

Representative from the 131st Legislative District of the State 

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

The Legislative Black Caucus of Texas 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.S.C. Section 

1973, and the 14th and 15th Amendments of the United States 

Constitution. It "also alleges that Art. 5, SS 7al(i) 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: 0.8.C. 

Sections 1331, 1343, 2201, and 2202. "This is an action arising 

under 42 U.S.C. § 1973j(f), and the statutes 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 

Se 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, 

4. The Plaintiff-Intervenor is the Legislative Black 

Caucus of Texas, hereinafter referred to as ("Caucus"). 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 Plaintiff-Intervenor alleges that the entire system 

Of electing judicial officers in the State of Texas violates 

5 

 



  

their civil rights by diluting their voting strength in violation 

of law. 

5. 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. i 

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

State of Texas. He is the Secretary of State of the State of 

Texas, and is the Chief Elections Officer of the State and as 

such 1s charged with the responsibility to administer the 

election laws of the State. 

7. 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, and JOE SPURLOCK, II are white adult residents of 

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

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

art. 5, § 7a (1985). | 

8. Each Defendant is sued in his official capacity as 

alleged herein. 

FACTUAL ALLEGATIONS 
  

9, Texas has a history of official discrimination that 

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

otherwise to 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. 

10. The State of Texas, and its poldeicnl 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. 

ll. Elections in Texas are characterized by significant 

racial bloc voting. In: such elackiong, 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. 

12. Texas has traditionally used, and continues to use 

unusually large election districts, particularly in large 

metropolitan areas, which have large concentrations of minority 

voters. 

13. 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 

discrimination in such areas as education, employment and health, 

 



  

which hinders their ability to participate in the political 

process. 

14. According to the 1980 Census, Texas had a total 

population of 14,228 383. Blacks comprise approximately 12 

percent of the State's population. 

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

Court or on the Texas Court of Criminal Appeals. 

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

numbered place system. 

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

Black. 

18. There is a substantial degree of residential 

segregation race throughout the State of Texas. 

15. 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. 

20. Plaintiff-Intervenor realleges the contents of 

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

they relate to the State of Texas. 

21. In 1985, Art, 5, Section 7 of the Texas Constitution of 

1876 was amended to include Section 7(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. 

22. Prior to the 1985 amendment, the Texas 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. : 

23. "1In the alternative, the failure to 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 to 

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. 

24, Plaintiff-Intervenor requests that Defendants be 

ordered to pay .all  Plaintiff-Intervenor's taxable costs, 

necessary expenses and attorney's fees. 

WHEREFORE, PREMISES CONSIDERED, Plaintiff-Intervenor prays 

the Court for judgment in favor of Plaintiff-Intervenor including 

its taxable costs in this action, necessary expenses of 

litigation and reasonable attorneys fees. 

Respectfully submitted, 

GABRIELLE K. McDONALD 

OF COUNSEL: State Bar 1.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 20th 
day of April, 1989, a true and correct copy of this Complaint in 
Intervention of Legislative Black Caucus of Texas 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 RX, St. Mary's $521 
8300 Douglas, #800 San Antonio, ‘TX : 78205 
Dallas, 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 
777 S. R.L. Thornton Fwy #121 Sherrilyn A. Ifill 
Dallas, "TX ->75203 99 ‘Hudson St .,,~16th Floor 

New York, N.Y. 10013 

Jim Mattox J. Eugene Clements 
Mary F. Keller John E. O'Neill 
Renea Hicks Evelyn V. Keys 
Javier Guajardo Porter & Clements 
Attorney General's Office 700 Louisiana #3500 
P. 0. Box 12548 Houston, TX 77002-2730 
Austin, TX 78711 

Darrell Smith Michael J. Wood 
10999 Interstate Hwy 10, #905 440 Louisiana #200 
San Antonio, TX 78230 Houston, TX 77002 

Mark H. Dettman Ken Oden 

Midland County Attorney Travis County Attorney 
P. 0. Box. 2559 P. OO. Box 1748 
Midland, TX 79702 Austin, TX 78767 

David R. Richards Robert H. Mow, Jr. 
600 W 7th St. 2800 Momentum Place 
Austin, TX 78701 1717 Main St. 

Dallas, TX 75201 

DE
 

RR 

GABRIELLE K. MCDONALD 
  

4GKMcl;kd (6) 
04-20-89