Case 3:11-cv-00159-CWR -FKB Document 43 Filed 04/04/11 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

MISSISSIPPI STATE CONFERENCE OF THE

NAACP, ET AL. PLAINTIFFS

VS.

NO. 3:11-cv-159-CWR-FKB

HALEY BARBOUR, ET AL., DEFENDANTS

AND

THE APPORTIONMENT AND ELECTIONS

COMMITTEE OF THE MISSISSIPPI HOUSE
OF REPRESENTATIVES

INTERVENOR

AND

THE MISSISSIPPI STATE SENATE DEMOCRATIC CAUCUS, AND THE

FOLLOWING STATE DEMOCRATIC SENATORS IN THEIR INDIVIDUAL
CAPACITIES: SEN. GRAY TOLLISON, SEN. BOB DEARING; SEN. HOB BRYAN;
SEN. ALICE HARDEN; SEN. SAMPSON JACKSON; SEN. BENNIE TURNER; SEN.
DAVID JORDAN; SEN. JOHN HORHN; SEN. WILLIE SIMMONS; SEN. HILLMAN
FRAZIER; SEN. DEBORAH DAWKINS; SEN. ROBERT JACKSON; SEN. KELVIN
BUTLER; SEN. DAVID BARIA; SEN. KENNY WAYNE JONES; SEN. DAVID BLOUNT;
SEN. ERIC POWELL; SEN. HASKINS MONTGOMERY; SEN. BILL STONE; SEN.
ALBERT BUTLER; SEN. DERRICK SIMMONS

APPLICANTS FOR
INTERVENTION

MOTION TO INTERVENE ON BEHALF OF THE MISSISSIPPI STATE SENATE

DEMOCRATIC CAUCUS AND STATE DEMOCRATIC SENATORS IN THEIR
INDIVIDUAL CAPACITIES
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COMES NOW The Mississippi State Senate Democratic Caucus and State Democratic

Senators named herein in their individual capacities as follows: Sen. Gray Tollison; Sen. Bob

Dearing; Sen. Hob Bryan; Sen. Alice Harden; Sen. Sampson Jackson; Sen. Bennie Turner; Sen.

David Jordan; Sen. John Horhn; Sen. Willie Simmons; Sen. Hillman Frazier; Sen. Deborah

Dawkins; Sen. Robert Jackson; Sen. Kelvin Butler; Sen. David Baria; Sen. Kenny Wayne Jones;

Sen. David Blount; Sen. Eric Powell; Sen. Eric Powell; Sen. Haskins Montgomery; Sen. Bill

Stone; Sen. Albert Butler; Sen. Derrick Simmons and move to intervene in this action pursuant to

Rule 24 of the Federal Rules of Civil Procedure.

1. The House Apportionment and Elections Committee passed a proposed plan to

reapportion the Mississippi House of Representatives in the wake of the 2010 census. That plan

was adopted by a majority vote of the House on two separate occasions during the 2011 Regular

Session. However, the Senate rejected the plan, deviating from the long-standing practice and

custom in the Mississippi Legislature of each house deferring to the other=s redistricting plan.

2. The Mississippi Senate has adopted a redistricting plan for the Mississippi

Senate during the 2011 Regular Session that the Mississippi House of Representatives has

concurred in. The subject complaint filed by the NAACP et al challenges the redistricting plans

of the Mississippi Senate and Mississippi House of Representatives on state and Federal

constitutional grounds, as well as under Sections 2 and 5 of the Voting Rights Act of 1965, 42

USC Section 1973c. The complaint requests a declaratory judgment and injunctive relief seeking

judicial determinations that the plans as currently enacted violate the law and are unenforceable

and enjoining defendants from conducting elections under the existing redistricting plans, as well

as enjoining defendants from enacting and implementing unprecleared voting changes.

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3. This Court entered its Order granting Motion to Intervene of the Mississippi House

of Representatives Apportionment and Elections Committee on April 1, 2011. [Docket No. 42].

In 1991, when the Mississippi Legislature=s redistricting plan was rejected by the United States

Department of Justice under Section 5 of the Voting Rights Act, 42 U.S.C Section 1973c, certain

interested parties were granted intervention to participate in the ensuing federal court lawsuit that

sought to adopt a plan for the upcoming legislative elections. See, Watkins v. Mabus, 771 F. Supp.

789, 792-793 (S.D. Miss. 1991) (three-judge court) (noting that the Court granted intervention to

the House Committee and other interested parties).

4. Intervention is sought as a matter of right under Rule 24(a), or alternatively

permissive intervention is sought under Rule 24(b). As demonstrated more fully below, the

prerequisites for intervention are met in this case.

5. Although the 2011 legislative session has not ended, it is possible that the session

will conclude without a plan having been passed by both houses. In anticipation of that possibility,

the State Democratic Senators are filing this motion.

6. The State Democratic Senators do not seek to designate themselves as either

plaintiffs or defendants. The applicants for intervention agree with the plaintiffs that the

pre-existing plan violates the one-person, one-vote principle of the Fourteenth Amendment and

that absent the passage of a plan by both houses of the Legislature, this Court must determine what

plan will be used for the 2011 legislative elections. The moving parties have and claim a direct

interest in the subject cause of action and this Court=s disposition of the issues and causes of action

raised by the parties. The moving parties affirmatively allege that the current parties do not

adequately represent their interests in this litigation and thus Intervention of Right as set forth

under Fed. R. Civ. P. 24 (a)(2) is appropriate. Alternatively, consistent with this Court=s Order

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granting intervention on behalf of Intervenor Mississippi House of Representatives

Apportionment and Elections Committee, intervention should be granted pursuant to Rule 24(b)

under which Athe court may permit anyone to intervene who has a claim or defense that shares with

the main action a common question of law or fact.@ Fed. R. Civ. P. 24(b)(1)(b). Given that the

moving parties have claims or defenses in this case that share questions of law and fact relating to

the Aconstitutionality vel non of Mississippi=s existing apportionment plan in light of the results of

the 2010 Census...@, permissive intervention under Rule 24(b) is clearly appropriate.

7. The movants would respectfully request relief from the obligation of filing a

separate brief in support of the instant motion in light of the analysis and reasoning set forth in this

Court=s prior Order granting intervention. Further, the moving parties would incorporate herein

by reference the applicable law as outlined in the supporting briefs filed in this action by the

Mississippi House of Representatives Apportionment and Elections Committee.

8. The Plaintiffs as well as the Defendant Mississippi Democratic Executive

Committee, Defendant Hinds County, Mississippi Board of Election Commissioners and

Intervenor Mississippi House of Representatives Apportionment and Elections Committee have

no objection to this motion. No other parties have stated a position on this motion.

Respectfully submitted,

By:___/s/ John F. Hawkins____________________

John F. Hawkins, Esquire

Counsel for Applicants for Intervention, the

Mississippi State Senate Democratic Caucus and
Mississippi State Democratic Senators named in
their Individual Capacities

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OF COUNSEL:

John F. Hawkins, Esquire (MS Bar #9556)

HAWKINS, STRACENER & GIBSON, PLLC
628 North State Street (39202)
Post Office Box 24627
Jackson, MS 39225-4627
Telephone: (601) 969-9692
Facsimile: (601) 914-3580

CERTIFICATE OF SERVICE

I, John F. Hawkins, do hereby certify that I electronically filed the foregoing Motion
to Intervene of the Mississippi State Senate Democratic Caucus and Mississippi State
Democratic Senators named in their Individual Capacities with the Clerk of the Court
using the ECF system which sent notification to the following:

Carroll Edward Rhodes, Esquire

LAW OFFICES OF CARROLL RHODES
P. O. Box 588
Hazlehurst, MS 39083
Email: crhode@bellsouth.net

Michael B. Wallace, Esquire

Charles Stevens Seale, Esquire
WISE CARTER CHILD & CARAWAY
P.O. Box 651
Jackson, MS 39205-0651
Email: mbw@wisecarter.com
Email: css@wisecarter.com

Robert B. McDuff, Esquire

ROBERT B. MCDUFF
767 North Congress Street
Jackson, MS 39202
Email: rbm@mcdufflaw.com

Harold Pizzetta, Esquire

Justin L. Matheny, Esquire
Chief, Civil Litigation Division
Office of the Attorney General
P.O. Box 220
Jackson, MS 39205
Email: hpizz@ago.state.ms.us

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Email: jmath@ago.state.ms.us

Samuel Begley, Esquire

Begley Law Firm
P.O. Box 287
Jackson, MS 39205
Email: sbegley1@bellsouth.net

Robert L. Gibbs, Esquire

Matthew W. Allen, Esquire
Brunini, Grantham, Grower & Hewes, PLLC
P.O. Drawer 119
Jackson, MS 39205
Email: rgibbs@brunini.com
Email: mallen@brunini.com

Stephen L. Thomas, Esquire

Jack L. Wilson, Esquire
Bradley Arant Boult Cummings LLP
P.O. Box 1789
Jackson, MS 39215-1789
Email: sthomas@babc.com
Email: jwilson@babc.com

Crystal Wise Martin, Esquire

Hinds County Board of Supervisors Attorney
P.O. Box 686
Jackson, MS 39205-0686
cmartin@ptmandassoc.com

This the 4th day of April, 2011.

/s/ John F. Hawkins_______________

John F. Hawkins

Counsel for the Applicants for Intervention, the

Mississippi State Senate Democratic Caucus and
Mississippi State Democratic Senators named in
their Individual Capacities