DES TION OF ERNEST CALDERON STATE OF ARIZONA | COUNTY OF MARICOPA Emest Calderén, being duly swom upon oath, deposes and says as follows: 1. Thave personal knowledge of, or am otherwise competent to testify as 10, each and every fact set forth in this Affidavit, Thave been an attomey for 25 years and am a former president of the State ‘Bar of Arizona. | hold the State Bar of Arizona in high regard, 1 served as 2 Probable Cause Panelist for over 18 months, reviewing hundreds of complaints about lawyers, in my service to the State Bar of Arizona Board of Governors. As a Probable Cause Panslis, it was my duty to dctemine if complaints had merit and would proceed to disposition or formal complaint 4, Tam a registered Democrat who holds Republican Andrew Thomas in high regard, 5. Atlomey Andrew Thomas retained me and provided me with materials related to the five pending Bar complaints against him (Nes. 07-1693, 07-0093, 07-1762 17-1793, 07-0186) to review and offer my independent opinion. 6 Based on the information I have reviewed, the legal research | have tonducted into these matters, and my previous experience ai a Probable Cause Panelist for the State Bar of Arizona, I do not believe that any of the complaints have meric, 6 As to File No. 07-1693 regarding the motion filed 10 remove Judge Timothy Ryan for cause and have an oui-of-county judge rule on that motion, [ do notbelieve there is any merit to this allegation or any probable cause to initiate formal disciplinary proceedings. Based on the information 1 have received and reviewed. Mr. ‘Thomas acted within all ethical boundaries in secking the requested relief from the cour. 7, Asto File No. 07-0093 regarding pre-trial statement made by Mr. Thomas upon the arrest of defendant Mark Goudeau, I do not betieve there is any merit to this allegation ot any probable cause to initiate formal disciplinary proceedings. Based on the information | have received and reviewed, neither the timing of the statement nor the statement itself was likely to cause @ substantial likelihood of imminent harm to the administration of justice in that case. 8. As to File No, 07-1762 regarding the scope of work done by conditional hises or law clerks at the Maricopa County Auorney’s Office, I.do not believe there is any m to this allegation of any probable cause to initiate formal disciplinary proceedings, Based on the information I have received and reviewed, conditional hires at the County Attomey’s Office are not performing tasks that would constitute the unauthorized practice of law. 9. As to File No, 07-1793 regarding Dennis Wilenchik’s attempted ex parte communication with Judge Anna Baca through a third party, I do not believe there is any ‘merit to this allegation or any probable cause to initiate formal disciplinary proceedings Based on the information 1 have received and reviewed, Mr. Thomas did not direct or ratify Mr. Wilenchilt’s conduct. 10. As to File No, 07-0186 regarding the investigation of State v. Matthew Bandy. 1 do not believe there is any merit to this allegation or any probable cause to initiate formal disciplinary proceedings. Based on the information | fave received andreviewed, I find nothing to indicate that Mr. Thomas acted improperly in the prosecution of Mr. Bandy fail nies Emest Calderon, Affiant Calderon Law Offices 2020 N. Central Avenue, Suite L110 Phoenix, Arizona £5006 SUBSCRIBED and SWORN to before me on this |*1_day of February, 2008. Notary Publ My commission expires 77/15) S04)