Case: United States of America v. Hale County, Texas

5:06-cv-00043 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 27, 2006

Closed Date: April 27, 2006

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Case Summary

This lawsuit is about Hale County, Texas’s alleged failure to allow voters with limited English proficiency to get assistance while voting. On February 27, 2006, the U.S. Department of Justice filed a complaint against Hale County, Texas in the U.S. District Court for the Northern District of Texas. Plaintiff alleged that Defendant (1) failed to allow English-limited and Spanish-speaking voters assistance from the person of their choice and failed to train poll workers to allow such assistance,…

This lawsuit is about Hale County, Texas’s alleged failure to allow voters with limited English proficiency to get assistance while voting.

On February 27, 2006, the U.S. Department of Justice filed a complaint against Hale County, Texas in the U.S. District Court for the Northern District of Texas. Plaintiff alleged that Defendant (1) failed to allow English-limited and Spanish-speaking voters assistance from the person of their choice and failed to train poll workers to allow such assistance, and (2) failed to effectively provide Spanish-language election-related materials and information to English-limited, Spanish-speaking voters. Plaintiff sought declaratory judgment that Defendant violated sections 203 and 208 of the Voting Rights Act, 42 U.S.C. §§ 1973aa-6 and 1973aa-1a(c) and an injunction against continued violations.

In a Three-Judge Court, judges Sam R. Cummings (N.D. Texas), Jerry E. Smith (5th Circuit), and Mary Lou Robinson (N.D. Texas) presided over this case.

 On April 27, 2006, the court entered a consent decree. Via the Consent Decree, Defendant admitted to failing to fully comply with sections 203 and 208 of the Voting Rights Act and agreed to “ensure that Spanish-speaking voters with limited English-speaking proficiency are permitted assistance from persons of the voter’s choice,” that all election-related information that the county disseminates in English will also be equally available in Spanish, that polling places will have Spanish-language assistance available, including election-officials who understand and can speak Spanish fluently, to train poll workers on the requirements of sections 203 and 208 of the Voting Rights Act, and to develop and maintain a bilingual election program. Consent Decree, United States v. Hale County, Texas, No. 5:06-cv-00043 (N.D. Texas Apr. 27, 2006).

On December 17, 2009, Plaintiff filed a notice to inform the court that it would not seek to extend the consent decree. The consent decree accordingly expired on December 31, 2009. 

This case is now closed. 

Summary Authors

Madeline Mischler (12/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/36472418/parties/united-states-v-hale-county-texas/


Judge(s)

Cummings, Sam R. (- United States (national) -)

Cummings, Sam R. (- United States (national) -)

Cummings, Samuel Ray (Texas)

Attorney for Plaintiff

Frost-DOJ, E Scott (Texas)

Kim, Wan J (Texas)

Attorney for Defendant

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Documents in the Clearinghouse

Document

Docket

Dec. 17, 2009

Dec. 17, 2009

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/36472418/united-states-v-hale-county-texas/

Last updated Aug. 10, 2025, 9:27 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Hale County, Texas, Diane Williams, and the Hale County Commissioners Court filed by United States of America. (cb, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

RECAP
2

CERTIFICATE OF INTERESTED PERSONS by United States of America. (cb, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
3

Summons Issued as to Hale County, Texas, Diane Williams, and the Hale County Commissioners Court c/o James M. Tirey, Hale County Attorney. (cb, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
4

APPLICATION FOR DESIGNATION OF A DISTRICT COURT OF THREE JUDGES by United States of America (cb, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
5

ORDER DESIGNATING CASE FOR ECF - see order for specifics. (Signed by Judge Sam R Cummings on 1/3/2006) (cb, ) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

PACER
6

Application and Order for Admission Pro Hac Vice by James M Tirey for Hale County, Texas, Hale County Commissioners Court and Diane Williams. (Signed by Judge Sam R Cummings on 03/02/06) (bdg, ) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

PACER
7

ORDER granting 4 Motion FOR DESIGNATION OF A DISTRICT COURT OF THREE JUDGES. On February 27, 2006, the United States of America filed this action against Hale County Texas, et al., alleging, inter alia, violations of Section 203 of the Voting Right Acts of 1965. The United States filed an application for designation of a district court of three judges. Pursuant to 42 U.S..C 1973aa-2 and 28 U.S.C 2284, the Court requests that Cheif Judge Edith H. Jones, Fifth Circuit Court of Appeals, designate a three-judge panel to hear and determine this case. cc: Chief Judge Edith H. Jones - certified copy. (Signed by Judge Sam R Cummings on 03/02/06) (bdg, ) (Entered: 03/02/2006)

March 2, 2006

March 2, 2006

PACER
8

WAIVER OF SERVICE Returned Executed as to Hale County, Texas. Waiver sent on 2/27/2006, answer due 4/28/2006; Diane Williams. Waiver sent on 2/27/2006, answer due 4/28/2006; Hale County Commissioners Court. Waiver sent on 2/27/2006, answer due 4/28/2006. (Frost, E) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

PACER
9

ORDER CONSTITUTING THREE-JUDGE COURT: Having been informed by the above identified requesting district judge that this action, which has been presented to hi, is required to be heard and determined by a court composed of three judges, pursuant to the provisions of 28 U.S.C. 2284, as Chief Judge of the United States Court of Appeals for the Fifth Circuit, I hereby designate the United States circuit and district judges - Jerry E. Smith and Mary Lou Robinson as the members of the three-judge district court that is to hear and resolve this matter. This Order is not to be taken as a pre-judgment, express or implied, that this is an action to be heard exclusively by a three-judge court. That question is best answered by a three-judge court. The parties will be afforded the opportunity to brief and argue all questions as may appropriately be presented to the three-judge panel, either preliminarily or on the trial of the merits, as the court deems appropriate. (Signed by Judge Edith H Jones on 03/16/06) (bdg, ) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

RECAP
10

ORDER MODIFYING ECF STANDING ORDER: see order for specifics. (Signed by Judge Sam R Cummings on 03/22/06) (bdg, ) (Entered: 03/23/2006)

March 23, 2006

March 23, 2006

PACER
11

JUDGMENT : This Court, having considered the United States' claim under Sections 208 and 203 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973aa-6 and 42 U.S.C. 1973aa-la, and having determined that it has jurisdiction over this claim, has considered the terms of the Consent Decree as modified by the Court, hereby enters the relief set forth above and incorporates those terms herein. Each party shall bear its own costs and fees. (Signed by Judge Sam R Cummings, Judge Mary Lou Robinson and Judge Jerry E. Smith on 04/27/06) (bdg, ) Additional attachment(s) added on 5/5/2006 (egb, ). (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

RECAP
12

ORDER: Plaintiff has requested that the page containing the signatures of all counsel of record (dated February 27, 2006 and submitted with the parties' Proposed Consent Decree, Judgment, and Order) be substituted in place of page 13 of the Consent Decree (Modified), Judgment, and Order filed April 27, 2006. Plaintiff has indicated that no party is opposed to the substitution. IT IS, THEREFORE, ORDERED that the page containing the signatures of all counsel of record shall be substituted as page 13 of the Consent Decree (Modified), Judgment, and Order filed April 27, 2006. (Signed by Judge Sam R Cummings on 5/5/06) (egb, ) (Entered: 05/05/2006)

May 5, 2006

May 5, 2006

RECAP

Document Number Reset To 12 (egb, )

May 5, 2006

May 5, 2006

PACER
13

NOTICE of Attorney Appearance by John Albert Russ on behalf of United States of America. (Russ, John) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

PACER
14

NOTICE of Expiration of Consent Decree filed by United States of America (Russ, John) (Entered: 12/17/2009)

Dec. 17, 2009

Dec. 17, 2009

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Feb. 27, 2006

Closing Date: April 27, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hale County, Texas (Hale County, Hale), County

Diane Williams (Hale), County

Hale County Commissioners Court (Hale), County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

Voting Rights Act, section 203 (language minority provision), 52 U.S.C. § 10503 (previously 42 U.S.C. § 1973aa-1a)

Declaratory Judgment Act, 28 U.S.C. § 2201

Special Case Type(s):

Three-Judge District Court

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Recordkeeping

Training

Voting Process Changes

Issues

Voting:

Election administration

Voting: General & Misc.

Voting: Physical/Effective Access