MEMORANDUM FROM: Stanley R.

Mays, Attorney at Law TO: Tom Perkins, Dallas City Attorney DATE: September 18, 2012 RE: Your Request for Judges Recusal - Randall Scott cases This is a written response to your inquiry regarding how the judges will handle situations where Randall Scott appears before them if the City Council reappoints my clients as Municipal Judges for the City of Dallas. We understand that this concern has arisen because Mr. Scott made a brief appearance in a hearing held in the litigation now pending in the 191st District Court against the City Council Members regarding various aspects of the reappointment process. We also understand that this request is confined to the pendency of the pending litigation. Please understand that this request, by its very definition, asks the judges to acknowledge bias. If the judges predispose themselves to a blanket recusal, they are violating not only the judicial canons of ethics, but Texas law as well. As an example and as we discussed, Question 11 of the Legislative (Ad Hoc) Committee requesting public comment from the judges on a case not before the court is improper and illegal and could result in disciplinary action against the judge in the event of a complaint being filed. In addition, the law requires that motions for recusal occur on a case by case basis. The proper procedure, to which my clients emphatically agree, would be the filing of a Motion for Recusal by a party to an action pending before the judge with either the Municipal Judge or the Administrative Judge of the Municipal Court, with an appeal available (in the event of a denial) to the presiding judge of the Administrative Judicial District. Please refer to the Texas Rules of Civil Procedure 18a for the specific law. And please rest assured that my clients will comply with the law in its entirety. I would also note that my clients have never been accused of any ethical violations, nor have they been the subject of a motion for recusal in all the years that they have presided as Municipal Judges for the City of Dallas. Should you have any further questions or comments, please do not hesitate to contact me. Sincerely, Stanley R. Mays