From: Hunt, Angela Sent: Friday, September 14, 2012 9:22 AM To: Perkins, Tom; Bowers, Chris Cc:

Council Members; Council Assistants; Gonzalez, AC; Suhm, Mary Subject: Questions regarding possible conflicts of interest of proposed municipal judges Gonzalez, Williams, and Logan

Mr. Perkins: The four judicial applicants who recently sued the City of Dallas for not being reappointed are represented in their lawsuit by defense attorney Randall Scott. (Timeteo Gonzalez, David Indorf, Ruth Logan, and Cheryl Williams v. Rawlings, et al., Case No. 12-09605-J.) News reports describe Mr. Scott as a prominent traffic defense attorney, and a review of Mr. Scotts website indicates that his law practice is devoted almost exclusively to traffic tickets and class C misdemeanor cases which, as you are aware, are heard by Dallas municipal judges. Despite Mr. Scotts specialty being traffic tickets, he nonetheless represents the four judicial applicants/plaintiffs in their lawsuit against the city for alleged civil rights violations, appearing at one or more hearings on their behalf before a Dallas County District Court. When asked about his involvement by The Dallas Morning News, Mr. Scott stated, Im just a lawyer in the courthouse who saw some bad stuff go down. When people are being wronged, Im always happy to try to assist them. The budget amendment approved earlier this week in a straw vote by seven councilmembers and the mayor reinstates three of the four plaintiffs by creating new positions for them in the 2012-13 City of Dallas Budget. Several questions arise:
1. What is the current status of the plaintiffs lawsuit? Has that suit been withdrawn? Have there been discussions with your office indicating that the suit will be withdrawn pending final approval of the city budget (and their reinstatement) next week? Will the lone remaining plaintiff, David Indorf, continue the lawsuit regardless?

2. If the City Council votes to approve the budget with this amendment next week, will the three reinstated judges be required to recuse themselves from cases in which their attorney, Randall Scott, is representing defendants in their courtroom?

a) On this point, I spoke with Seana Willing, Executive Director of the State Commission on Judicial Conduct, who referred me to the Texas Code of Judicial Conduct,Canon 2 Avoiding Impropriety and the Appearance of Impropriety in All of the Judges Activities.

b) After explaining our situation, Ms. Willing indicated that while Mr. Scotts representation of these judges would not be grounds for the judges automatic disqualification, there could be a recusal concern.

c) If Mr. Scott represents defendants in the courtrooms of his clients Judge Gonzalez, Judge Williams, or Judge Logan and the city prosecutor believes their relationship may impair the judges ability to be fair and impartial, then the prosecutor may request the judges recusal.

d) If the judge refuses to voluntarily recuse himself or herself, the recusal matter may be referred to the State of Texas Presiding Judge of the First Administrative Judicial Region, Judge John Ovard who will make the determination.

e) Ms. Willing also stated that if Mr. Scott is providing his services to the judges pro bono or at a reduced rate, such a gift would have to be reported by the judges in a disclosure (if so required by the City of Dallas).

f) Please confirm the above information by contacting Ms. Willing and provide me and my colleagues with written confirmation of your conversation and conclusions.

3. Please describe any concerns that the City Prosecutors Office may have regarding Mr. Scotts representing municipal court defendants before his clients, Judges Gonzalez, Williams, or Logan.

4. Please describe any liability the City of Dallas may face if Mr. Scott represents municipal court defendants before his clients, Judges Gonzalez, Williams, or Logan, if the judges do not recuse themselves.

5. Are City of Dallas judges required to complete gift disclosures for submission to the City Secretary or State of Texas? If so, would any services provided by Mr. Scott pro bono or at a reduced rate to his client judges be required to be disclosed?

6. Is there any mechanism by which the City of Dallas can determine whether or not Mr. Scott is providing his services to his clients, Gonzalez, Williams, and Logan pro bono or at a reduced rate?

7. Other than Canon 2 of the Texas Code of Judicial Conduct, are there any other legal or ethical prohibitions against judges hearing cases where the defense attorney also represents the judge in an unrelated matter?

8. Other than Canon 2 of the Texas Code of Judicial Conduct, are there any other legal or ethical prohibitions that address judges accepting gifts from defense attorneys who practice in their courtrooms?

Please ensure that we receive answers to the above questions prior to voting on the budget. Thank you for your attention to this matter, Councilmember Angela Hunt