CAUSE NO. D-1-GV-13-000511 THE STATE OF TEXAS, Plaintiff EX REL. RICHARD D. REED, Relator v.

ROSEMARY LEHMBERG, Defendant, In Her Official Capacity as District Attorney of Travis County, Texas

Filed 13 May 30 P2:38 Amalia Rodriguez-Mendoza District Clerk Travis District D-1-GV-13-000511

IN THE 353RD JUDICIAL

DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

RELATORS MOTION TO REFER CAUSE TO PRESIDING JUDGE FOR ASSIGNMENT TO A NON-RESIDENT JUDGE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Relator, Richard D. Reed, and, pursuant to the provision of section 74.059(c)(4) of the Texas Government Code, hereby moves the Court to request the presiding judge of the Third Administrative Judicial Region of Texas to assign another judge who is not a resident of Travis County to hold a regular or special term of court in Travis County to dispose of the above-entitled-and-numbered cause. In support of such motion, Relator would show unto the Court as follows: I. GROUNDS FOR MOTION 1. On May 29, 2013, Relator initiated a proceeding for the removal of a local official under

section 87.015 of the Texas Local Government Code by filing an original petition for removal in the above-entitled-and-numbered cause seeking to remove Defendant Rosemary Lehmberg from the office of District Attorney of Travis County. 2. Section 74.059(c)(4) of the Texas Government Code provides that a district court judge

shall, if an election contest or a suit for the removal of a local official is filed in his court, request

the presiding judge of the administrative region to assign another judge who is not a resident of the county to hold a regular or special term of court in that county to dispose of the suit. TEX. GOVT CODE, 74.059(c)(4). II. PRAYER WHEREFORE, PREMISES CONSIDERED, Relator respectfully moves the Court to request the Honorable Billy Ray Stubblefield, the presiding judge of the Third Administrative Judicial Region of Texas, to assign another judge who is not a resident of Travis County to hold a regular or special term of court in Travis County to dispose of the above-entitled-andnumbered cause. Respectfully submitted,

______________________________ Richard D. Reed, Relator 316 W. 12th Street, Suite 313 Austin, Texas 78701-1820 www.maverickcounsel.com Telephone: 512-322-9443 Email: rick.reed@maverickcounsel.com State Bar No. 16686100 CERTIFICATE OF SERVICE I hereby certify that I have complied with Rule 21a of the Texas Rules of Civil Procedure by serving a copy of the above-and-foregoing Relators Motion to Refer Cause to Presiding Judge for Assignment to a Non-Resident Judge upon David A. Escamilla, County Attorney of Travis County, Texas, by delivering a copy of the said motion to an employee at his office.

______________________________ Richard D. Reed

Relators Motion to Refer Cause to Presiding Judge for Assignment to a Non-Resident Judge Page 2