E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON November 07 2012 10:25 AM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2. I, Tyler K. Firkins, hereby declare and state as follows: 1. DECLARATION OF TYLER FIRKINS HERBERT Cy SUN, Respondent. Petitioner, vs. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR PIERCE COUNTY CITY OF PACIFIC, NO. 12-2-12552-5

KEVIN STOCK COUNTY CLERK

NO: 12-2-12552-5

DECLARATION OF TYLER FIRKINS IN SUPPORT OF RESPONSE TO CITY OF PACIFICS MOTION TO STRIKE EXHIBITS

I am the attorney for Mayor Cy Sun in the above-entitled action. I am licensed to

practice in Washington. I am over the age of eighteen and competent to testify herein. I initially contacted Professor John Strait of Seattle University School of Law in

regard to this matter on October 5, 2012. 3. Professor Strait opined that Kenyon Luce and Luce Kenney & Associates had a

conflict of interest involving their representation of the City of Pacific. I asked him to provide a declaration.
DECLARATION OF TYLER FIRKINS IN RESPONSE TO MOTION TO STRIKE - 1

VAN SICLEN, STOCKS & FIRKINS

A Professional Service Corporation

721 45th Street N.E. Auburn, WA 98002-1381 (253) 859-8899 Fax (866) 947-4646

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4.

To be heard on the next scheduled court date of October 19, 2012, our Motion for

Disqualification was due on October 11. It was subsequently noted and filed on that date. 5. Professor Strait indicated he was unable to draft a declaration for our motion by

the dates our written materials needed to be provided to the Court and Counsel. 6. It was only as of October 16, 2012 that Professor Strait agreed to provide our

office with a declaration of his opinion on this matter. Professor Strait told me he could provide that declaration no sooner than the following Tuesday (10/23/12). 7. Our office received responsive briefing from Mr. Luces office and filed a reply

on October 18. The motion underlying this motion to reconsider was argued on October 19, 2012. 8. Professor Straits declaration was not completed until October 25. Our Motion to

Reconsider and Motion to Appoint Stand-by Counsel was filed on October 29, 2012. I declare under penalty of perjury of the laws of the State of Washington that upon information and belief the foregoing is true and correct. Signed in Auburn, WA this 7th day of November, 2012.

/s/ Tyler K. Firkins __________________________ Tyler K. Firkins, WSBA# 20964 Attorney for Mayor Cy Sun

DECLARATION OF TYLER FIRKINS IN RESPONSE TO MOTION TO STRIKE - 2

VAN SICLEN, STOCKS & FIRKINS

A Professional Service Corporation

721 45th Street N.E. Auburn, WA 98002-1381 (253) 859-8899 Fax (866) 947-4646