Joint Motion for Entry of Proposed Interim Plan; Statement Regarding State Defendants

    THE ATTORNEY GENERAL 
OF TEXAS 

JIM MATTOX 

ATTORNEY GENERAL December 21 1989 
bd 

VIA FEDERAL EXPRESS 

U.S. District Clerk 

200 East Wall Street, Room 316 

Midland, Texas 79701 

  

Re: LULAC #4434, et al. v. Mattox, et al. 

Civil Action No. MO-88-CA-154 

Dear Sir or Madam: 

Enclosed for filing in the above-referenced matter are the 

original and one copy of: (a) a joint motion for the entry of the 

Proposed Interim Plan, which today is being mailed under separate 
cover, and (b) a statement regarding the state defendants other than 

the Attorney General. The Attorney General of Texas is not 

submitting a proposed order with the joint motion. The plaintiffs 
and plaintiff-intervenors are submitting their own proposed order to 

accompany the joint motion. It has not been reviewed by the 
Attorney General. 

Sincer 

£3 nda ich 
Renea Hicks 

Special Assistant Attorney General 

P.O. Box 12548, Capitol Station 

Austin, Texas 78711-2548 

(512) 463-2085 

CC: Counsel of Record 

512/463-2100 SUPREME COURT BUILDING AUSTIN, TEXAS 78711-2548 

 



  

  

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 
MIDLAND/ODESSA DIVISION 

LULAC COUNCIL #4434, et al., 

Plaintiffs, 

Civil Action No. 

MO-88-CA-154 

VS. 

JIM MATTOX, et al., 

Defendants. 

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JOINT MOTION FOR ENTRY OF PROPOSED INTERIM PLAN 

The plaintiffs, the plaintiff-intervenors, and the Attorney 

General of Texas on behalf of the State of Texas hereby jointly move 

the Court to enter an order adopting and implementing the Proposed 

Interim Plan which they have filed today with the Court. “The 

grounds follow: 

1: The Court's memorandum opinion and order of November 

8, 1989, as modified by the order of November 27, 1989 ("November 

8th order"), declared that the current system for electing judges to 

the district courts in the Texas counties of Harris, Dallas, Tarrant, 

Bexar, Travis, Jefferson, Lubbock, Ector, and Midland violated Section 

2 of the Voting Rights Act of 1965, as amended, by illegally diluting 

minority voting strength. 

2. Pursuant to the Court's directive that any proposed 

remedial plans be submitted to the Court no later than December 22, 

1989, the below-signed counsel have prepared and submitted to the 

Court a Proposed Interim Plan ("Plan"). We urge the Court's adoption 

of the Plan. 

 



  

  

3 The Plan harmonizes the current method for electing 

district judges in Texas with the Court's November 8th order insofar 

as possible. In this way, the Plan's objective is to provide an interim 

remedy to those whose voting rights the Court declared are violated 

by the current system and, within the confines of that declaration, to 

otherwise minimize the disruption of the current electoral system for 

district judges in the nine affected counties. To that end, the Plan: 

a. Limits the terms of office of those elected under its 

terms to two years instead of the four years provided under the 

Texas Constitution, in an effort to give the State Legislature the 

maximum flexibility to devise a permanent remedial plan in its next 

regular session in 1991; 

bo Retains countywide residency requirements -~ but 

waives electoral subdistrict residency requirements; 

Cc. Retains countywide jurisdiction and venue; 

d. Retains the system of electing judges by party 

primary and general election; 

e. Permits incumbent judges running for district 

judgeships in 1990 to choose the electoral subdistrict in which they 

will run and permits them, if reelected:, to retain their current 

district court number “and their current docket-type specialization; 

and | 

f, Permits a limited, one time per party right of 

recusal of an assigned judge elected under the interim plan, modeled 

after a Texas statute concerning recusal of visiting trial judges. 

 



  

  

4. The Plan remedies for the 1990 elections the voting 

rights violations found by the Court on November 8th in the 

following manner: 

a. Eliminates countywide district judge elections in the 

nine affected counties, substituting in their place elections from 

subdistricts. The subdistricts are created using existing state 

legislative district, justice. of the peace precinct, and county 

commissioner precinct lines, all of which have received preclearance 

from the United States Department of Justice under Section 5 of the 

Voting Rights Act; and 

b. Allocates the places for which judicial candidates 

may run according to the percentage of combined minority voting 

age population in the election subdistrict as reported in the 1980 

Census. The subdistricts are ranked by county in descending order 

of combined minority voting age population, and the places are 

allocated in that descending order until all have been allocated. In 

this way, those voters whose rights the Court determined have been 

violated receive first preference. 

3; The Plan also attempts to ‘reflect the policy choice of the 

State Legislature. Attachment A to this motion is a statement signed 

by a majority (16 of 31 members) of the Texas Senate supporting the 

Plan's concept and its adoption. Attachment B to this motion is a list 

showing 71 of 150 members of the Texas House of Representatives 

(with more anticipated) supporting the Plan's concept and its 

adoption. 

 



  

  

  

Based upon the foregoing matters, the plaintiffs, the plaintiff- 

intervenors, and the Attorney General of Texas on behalf of the State 

of Texas urge the Court to grant this joint motion and adopt their 

Proposed Interim Plan for the 1990 judicial elections in the nine 

affected counties. 

Respectfully submitted, 

(Jew Mottin 
JIM MATTOX 

ATTORNEY GENERAL OF TEXAS 

  

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WILLIAM C. GARRETT ~~ ( wf [ps 
ROLANDO L. RIOS Jap AL i 
SUSAN FINKELSTEIN J X: 

ATTORNEYS FOR PLAINTIFFS AND, FOR 
THIS MOTION, ON BEHALF OF THE 
ATTORNEYS FOR DALLAS PLAINTIFF- 
INTERVENORS AND THE ATTORNEYS FOR 
HARRIS PLAINTIFF-INTERVENORS 

 



  

  

CERTIFICATE OF SERVICE 

I certify that on this 21st day of December, 1989, I sent a copy 
of the foregoing document by overnight courier to each of the 
following: William L. Garrett, Garrett, Thompson & Chang, 8300 
Douglas, Suite 800, Dallas, Texas 75225; Rolando Rios, Southwest 

Voter Registration & Education Project, 201 N. St. Mary's, Suite 521, 
San Antonio, Texas 78205; Sherrilyn A. Ifill, NAACP Legal Defense 

and Educational Fund, Inc., 99 Hudson Street, 16th Floor, New York, 

New York 10013; Gabrielle K. McDonald, 301 Congress Avenue, Suite 

2050, Austin, Texas 78701; Edward B. Cloutman, III, Mullinax, Wells, 

Baab & Cloutman, P.C., 3301 Elm Street, Dallas, Texas 75226-1637; J. 

Eugene Clements, Porter & Clements, 700 Louisiana, Suite 3500, 
Houston, Texas 77002-2730; and Robert H. Mow, Jr., Hughes & Luce, 

2800 Momentum Place, 1717 Main Street, Dallas, Texas 75201. 

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Renea Hicks 

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A HICKS CAPITOL OFFICE. E BERNICE JOHNSON Ce : 

Eon SENATOR : Is Chr Seuute nk RENE P.O. Box 12068 
DISTRICT 23 

Committees: 

EDUCATION 

Austin, Texas 78711 

512/463-0123 

Che Stute uf Urxus 
DISTRICT OFFICE: 

FINANCE 
400 S. Zang Blvd. Subcommittee: December 8 ’ 1989 Dallas, Texas 75208 

Chair: Health and 
214/942-0123 

Human Services 

HEALTH AND HUMAN 

SERVICES 

  

Uke VGoa. 

To Whom It May Concern: 

We, the undersigned members of the Texas Legislature, 
Support the concept outlined in 8.B. 42, 71st legislature, 
2nd Called Session, a common-sense interim solution to the 
LULAC, et al v. Mattox decision on selection of district 
judges in nine Texas counties. This legislation offers an 
interim plan using existing district lines for only those 
judges up for election in 1990. A final plan would be 
developed in 129% wing redistricting. / 

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. ATTACHMENT B  ) 
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The State of Texas 
> 4 , ; : : 

Ralph R. Wallace, II House of Vepresentatibes Comminges: 
Qustin, Texas Cultural & Reigorieal Resources 

Chairman, is 
Democratic Caucus Financial Institutions 

December 21, 1989 

The Honorable Jim Mattox 
Attorney General, State of Texas 
Attorney General's Office 
Austin, Texas 78701 

Dear General Mattox: ‘s 

In conjunction with several members of the Texas House of 
Representatives, my staff and others have been polling members of the 
Texas House to determine support for H.B. 113 and your proposed 
interim plan for selecting district judges in nine Texas counties, as 
represented by the proposal endorsed by LULAC and other plaintiffs. 

Eo The undersigned House members believe this plan represents a 
viable, interim plan although it may not reflect each member,s exact 
preference for a final, long-term solution. 

Despite the difficulty finding House members due to the holiday 
season, each of the members listed below has either co-authored H.B. 
113, signed a letter supporting that legislation, or made a verbal 
commitment to support the interim plan. In addition six House members 
expressed support but wished not to be listed for political reasons or 
because they have cases pending before affected district judges. 

  

The total number of members, listed and unlisted, is 71, and I 
am confident that at least 76 members, a majority of the House, will 
express support for the interim plan when we are able to reach them 
after the Christmas holiday. We will provide additional names at a 
later date should you neeed them. 

Sincerely, 

  

St. Rep. Ralph Wallace 

Attachement: List of House Members 

Capitol Office: P.O. Box 2910 + Austin, Texas 78768-2910 » 512-463-0732 
District Office: P.O. Box 12667 « Houston, Texas 77217 « 713-644-2359 

 



Ralph R. Wallace, III 
District 145 

.- Chairman, 

Democratic Caucus 

Rep. Alexander 
Rep. Beauchamp 
Rep. Berlanga 
Rep. Blair 
Rep. Cain 
Rep. Cavazos 
Rep. Chisum 
Rep. Colbert 
Rep. Collazo 
Rep. Conley 
Rep. Counts 
Rep. Cuellar, H. 
Rep. Cuellar, R. 
Rep. Delco 
Rep. Denton 
Rep. Dutton 
Rep. Earley 
Rep. Edge 
Rep. Edwards 
Rep. Evans 
Rep. Garcia 
Rep. Gavin 
Rep. Glossbrenner 
Rep. Granoff 
Rep. Guerrero 
Rep. Harrison 
Rep. Hightower 
Rep. Hinojosa 
Rep. Hudson, D. 
Rep. Hudson, S. 
Rep. Johnson, J. 
Rep. Junell 
Rep. Laney 
Rep. Larry 
Rep. Lewis, R. 

The State of Texas 

House of Representatives 
Austin, Texas 

Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 
Rep. 

Committees: 

Cultural & Historical Resources 
Chairman 

Financial Institutions 

Linebarger 
Lucio 
Luna, A. 

Madla 
Martinez 
Luna, G. 

McDonald 
McKinney 
Melton 
Morales 
Moreno, A. 

Moreno, P. 

Oakley 
Parker 
Patterson 
Perez 
Rangel 
Rodriguez 
Russell 
Saunders 
Seidlits 
Swift 
Telford 
Thompson, G. 
Thompson, S. 
Wallace 
Warner 

Willis 
Wilson 
Wolens 

In addition, we have positive commitments from six members who 
do not want their names listed at this time. 

Further, two house members endorsed the major aspects of the 
interim plan but refused to be counted as 
plan at this time. 

supporting this specific 

Capitol Office: P.O. Box 2910 « Austin, Texas 78768-2910 » 512-463-0732 
District Office: P.O. Box 12667 « Houston, Texas 77217 « 713-644-2359  



  

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. § 

STATEMENT REGARDING STATE DEFENDANTS 

This statement is submitted on behalf of all the state defendants in this case other 

than the Attorney General of Texas Jim Mattox. None of them has joined in the Attorney 

General's submission to the Court today of a Proposed Interim Plan and a joint motion 

urging the interim plan's adoption. Some have submitted their own remedial proposals 

directly to the Court. Chief Justice Phillips's December 15th submission in his personal 

capacity is an example of this approach. 

Respectfully submitted, 

JIM MATTOX 
Attorney General of Texas 

MARY F. KELLER 
First Assistant Attorney General 
     

  

“RENEA HICKS 
Special Assistant Attorney General 

JAVIER GUAJARDO 
Assistant Attorney General 

P. O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085 

ATTORNEYS FOR STATE DEFENDANTS 

 



  

nd » 

CERTIFICATE OF SERVICE 

I certify that on this 21st day of December, 1989, I sent a copy of the foregoing 
document by overnight courier to each of the following: William L. Garrett, Garrett, 
Thompson & Chang, 8300 Douglas, Suite 800, Dallas, Texas 75225; Rolando Rios, 
Southwest Voter Registration & Education Project, 201 N. St. Mary's, Suite 521, San 
Antonio, Texas 78205; Sherrilyn A. Ifill, NAACP Legal Defense and Educational Fund, 
Inc., 99 Hudson Street, 16th Floor, New York, New York 10013; Gabrielle K. 
McDonald, 301 Congress Avenue, Suite 2050, Austin, Texas 78701; Edward B. 
Cloutman, III, Mullinax, Wells, Baab & Cloutman, P.C., 3301 Elm Street, Dallas, Texas 
75226-1637; J. Eugene Clements, Porter & Clements, 700 Louisiana, Suite 3500, 
Houston, Texas 77002-2730; and Robert H. Mow, Jr., Hughes & Luce, 2800 Momentum 
Place, 1717 Main Street, Dallas, Texas 75201. 

  

we ; 8. oa \ vo bs 

Renea Hicks