Indiana Judicial Nominating Commission

Application

251 N. Illinois Street, Suite 1600 Indianapolis, IN 46204

(317) 232-4706

for the Court of Appeals of Indiana

The application for the Summer 2020 First District vacancy on the Court of Appeals of Indiana includes two parts. Both parts must be completed in entirety with the appropriate documentation attached and submitted through the Indiana Courts Portal. Twelve complete hard-copy applications also must be submitted to the Nominating Commission's office. Please direct any questions about the application process to Adrienne Meiring, Counsel to the Commission, at the address or telephone number above or by email at adrienne.meiring@courts.in.gov.

Part One, Sections 1-11

1. Contact/ General Information

A. Full legal name and any former names.

Crystal Gates Rowe

Maiden Name: Crystal Joy Gates

B. State the full name (use initials for minor children), age, and relationship of each person residing in your household. For each adult living in the household (other than yourself), also state the person's occupation and employer.

Spouse: Damon Ray Rowe, 51 years old, Occupation: Network Support Technician, Employer: Bluegrassnet

Daughter. B.J.R., 15 years old;

Daughter. K.G.R., 4 years old.

C. Business address, email, and telephone number.

Kightlinger & Gray, LLP Bonterra Building, Suite 200 3620 Blackiston Boulevard New Albany, Indiana 47150 Email: crowe@k-glaw.com Phone: 812-949-2300

D . Attorney nijmber.

Indiana: 22524-53

E. Month and year you were admitted to the Indiana Bar.

November 2000

a. Indicate current law license status (i.e. active/inactive/retired).

Active and in good standing

b. If you are or have been a member of the Bar of any other state, identify the jurisdiction and provide date(s) of admission and current license status.

Kentucky, Attorney Number 91258, Admitted: May 2006, License Status: Active and in Good Standing

F. Date and place of birth.

December 2, 1974 in Louisville, Kentucky (although my family resided in Jeffersonville, Indiana)

G. County of current residence and date you first became a resident.

Floyd County, Indiana since August 2006

2. Secondary Education/Military Experience

A. List all undergraduate colleges and universities you attended. Include the school name; dates enrolled; degree or certificate earned; and any academic honors, awards ,, or scholarships you received and when.

School Dates Enrolled Degree or Certificate

Indiana University- August 1993-May 1997 B.A., Bloomington

Triple Major in

• Mathematics,

• French, and

• Sociology

IU /Purdue Overseas Study Fall 1995-Spring 1996 Part ofmy B.A. Education Program: Strasbourg, (above) France

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Undergraduate Honors:.

Inducted into the Golden Key National, Phi Eta Sigma, and Alpha Lambda Delta Honor Societies

B. Include with your original application a certified transcript from each school named in Subsection 2A, and attach copies of each transcript to each application copy. (If your social security number is on your transcripts, redact it before copying.)

Please see attached Exhibit A

C. If applicable, list any military service. Include the name of the military branch; dates of service; last rank achieved; and any honors, awards, or commendations received and when. Attach a copy of your Certificate of Release or Discharge from active duty ("DD 214" paperwork).

Not Applicable

3. Post-Secondary Education

A. List all law schools, graduate schools, and post-J.D. programs attended. Include the school name; dates enrolled; degree or certificate earned; class rank; and any academic honors, awc1;rds, or scholarships you received and when.

School Dates Enrolled Degree and Class Rank

Indiana University Maurer August 1997-May 2000 J.D., School of Law

G.P.A. 3.28 (Top 33 %; Top 30% = 3.30)

Law School Honors and Activities:

• Editor-In-Chief, Indiana Journal of Global Legal Studies, 1999-2000 o One of only three Journal members selected to be a member of the

"Immigration Project" o Authored and Published both a Note and Trend Paper for the Journal's

"Immigration Project" • Participant, Moot Court, 1998-99

o Honored for writing one of the Top 16 Appellate Briefs • Member, Women's Law Caucus, 1998-2000 • Participant, Protective Order Project, 1998-2000

o Attended court with, and assisted, petitioner seeking a protective order • Participant, Outreach for Legal Literacy, 1998-1999

o Taught constitutional law and civics to local fifth graders.

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B. Include with your original application a certified transcript from each school named in Subsection 3A, and attach copies of each transcript to each application copy. (If your social security number is on your transcripts, redact it before copying.)

Please see attached Exhibit B

4. Employment

A. Provide your employment history since graduation from college. Include name of employer, titles or positions, locations, and dates of employment.

1. Kightlinger & Gray, LLP • Senior Partner (January 2019-present) • General Partner (January 2016-December 2018) • Associate Partner (January 2012-December 2015) • Associate Attorney (August 2006-December 2011)

Other Titles/Positions: • Chair of the Firm's Appellate Practice Group (January 2017-present)

o Member of the Firm's Appellate Practice Group (August 2006-present)

• New Albany /Evansville Department Head (January 2017-present) • Member of the Firm's Operations Committee (January 2020-present) • Member of the Firm's Associate Professional Development Committee

(January 2012-December 2019) • Member of the Firm's Legal Personnel Committee (January 2019-

December 2019) • Member of the Firm's Partner Retreat Committee (2017)

Office Location: Bonterra Building, Suite 200, 3620 Blackiston Boulevard, New Albany, Indiana 47150

Overall Employment Dates: August 2006-present

2. Indiana Court of Appeals Judicial Clerk for the Honorable Judge L. Mark Bailey 200 W. Washington Street, Indianapolis, Indiana 46204 June 2003-August 2006

3. Indiana Court of Appeals Judicial Clerk for the Honorable Judge John T. Sharpnack Suite 1270 South National City Center, 115 West Washington Street Indianapolis, Indiana 46204 August 2001-June 2003

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4. Allen County Superior Court Judicial Clerk for the Honorable Judges Daniel G. Heath and David J. Avery Allen County Courthouse, 715 South Calhoun Street Fort Wayne, Indiana 46802 August 2000-August 2001

5. Wilhite and Associates 600 S.E. 8th St., Evansville, Indiana 47706 Law Clerk (summer after my second year oflaw school) Summer 1999

6. United Stated District Court for the Southern District of Indiana Intern for the Honorable Judge Larry J. McKinney 46 East Ohio Street, Indianapolis, Indiana 46204 Intern (during my second year oflaw school) Spring 1999

7. Office of the United States Attorney 717 W. Broadway, Louisville, Kentucky 40202 Law Clerk (summer after my first year oflaw school) Summer 1998

8. Leaming Treasures 223 S. Pete Ellis Dr., Suite 18, Bloomington, Indiana 47408 Cashier/Stocker at an Educational Toy and Teacher Retail Establishment Summer 1997

9. Indiana University, Research Data Center East Third Street in Bloomington, Indiana 47405 Telephone Research Marketer Summer 1997

B. If applicable, describe the nature and extent of your practice oflaw (present and former) , and provide the names of your partners, associates, office mates, and employers.

1. During my tenure with Kightlinger & Gray, LLP, I have performed a variety of legal tasks on behalf of my clients, ranging from preparing complaints and answers at the trial-court level to presenting appellate oral arguments in transfer or other discretionary review proceedings before the highest state court. In the appellate realm, I have handled more than 180 appeals pending in the appellate courts (Supreme Court and Courts of Appeal) oflndiana and Kentucky, as well as in the Sixth and Seventh Circuit Courts of Appeals, and the United States Supreme Court (at the Writ of Certiorari stage). Each appeal has involved-at a minimum­reviewing and analyzing the Record on Appeal, identifying and researching the issues to present (or rebut), and timely preparing the necessary brief or briefs to support my client's position. I have also assisted with and/ or presented numerous oral arguments at the post-judgment and appellate court levels. If the matter proceeded to transfer (in

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Indiana) or discretionary review (in Kentucky), I have further prepared and timely filed petitions in support of, or in opposition to, that higher-level review. The majority of these appeals have been in the civil-litigation context. In my private practice, however, I have also represented individuals in child-custody and child­support disputes, as well as businesses in pursuit of Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) Certifications, or Rule 501(c)(3) tax exemption status.

Although my private practice has focused primarily upon appellate work, I have been involved in multiple trial-related litigation tasks, including analyzing and preparing pleadings, conducting discovery, taking depositions (and preparing my clients to be deposed), preparing dispositive motions at both the state and federal levels, finalizing jury instructions, writing motions in limine, trial briefs, and trial exhibits, and questioning and/ or cross-examining witnesses at trial.

Kightlinger & Gray, LLP is a mid-size regional law firm. My present partners (in alphabetical order) are: Galen A. Bradley, Louis J. Britton, Pfenne P. Cantrell, Kristen M. Carroll, Erin A. Clancy, Melissa F. Danielson, John B. Drummy, Laura J. Gard, John H. Halstead, Jeffrey D. Hawkins, Thomas J. Jarzyniecki, Robert M. Kelso, Marie Alexander Kuck, Nick W. Levi, R. Jeffrey Lowe, Aubrey E. Noltemeyer, Ginny L. Peterson, James W. Roehrdanz, William E. Smith, III, J. Todd Spurgeon, Casey R. Stafford, Libby Valos Moss, Brent R. Weil, Van T. Willis, Michael Wroblewski, and D. Bryce Zoeller.

My present associates (in alphabetical order) include Christine M. Clark, Alyssa C.B. Cochran, Corey J. Dunn, Ryan 0. Farner, Jennifer N. Guthrie, Jonathan E. Halm, McKenzie E. Hutchinson, Adam S. Ira, Melissa R. Lamkin, Samantha J. Mihail, Jackson L. Schroeder, Anthony J. Simonton, Jr., Jordan M. Slusher, Todd D. Small, Katherine E. Tapp, Linda Terron, Jenna K. Throw, Jennifer M. Van Dame, Megan A. Van Pelt, Kyle B. Wong, and Whitney E. Wood.

Jennifer M. Herrmann, Marcia A. Mahony, and William G. Hussmann, Jr., are Staff/Of Counsel with Kightlinger and Gray, LLP, and Michael E. Brown, Mark D. Gerth, Steven K. Palmquist, Steven E. Springer, and Peter A. Velde are retired Firm partners, with whom I have worked.

In addition, while at Kightlinger & Gray, LLP (up until May 2019), I had the great privilege of working closely with (and being mentored by) the late attorney, Richard T. Mullineaux.

2. During my judicial clerkships with Judges L. Mark Bailey and John T. Sharpnack, I assisted in the research and drafting of opinions in more than 250 cases involving a wide c1;rray of issues and topic areas, including those arising from general civil matters, family law cases, involuntary civil (mental health) commitment actions, and criminal proceedings (ranging from arguments regarding sufficiency of the evidence supporting a criminal conviction to issues concerning the constitutionality or reasonableness of the imposed sentence). As a judicial clerk-and for all cases assigned to me-I reviewed and analyzed the appellate briefs (including any amicus curiae briefs), transcripts, appendices, and case law relied upon by the parties. I also

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conducted my own research into the law or laws governing the issues presented. After these tasks were complete, I would draft a memorandum decision for the judge's (and panel jurists') review and comment. I would then make any changes directed by the judge. If the court ordered an oral argument in one of my assigned cases, I would conduct the same tasks delineated above and, additionally, would prepare a bench brief ( or bench memorandum) for the panel of judges hearing the argument. I would attend the oral arguments, then finalize the opinions consistent with the panel's post-argument discussions. As a judicial clerk, I also prepared multiple alternate opinions (i.e., dissents, concurring opinions, and concurrences in result) on the judge's behalf. Lastly, I reviewed, analyzed, and edited the draft memorandum decisions prepared by my co-clerks.

My co-clerks in Judge Bailey's chambers were Gayla Thompson, Aaron Schmoll, and Robert Grimm. Attorney Patricia L. Van Dom was Judge Bailey's legal assistant. My co-clerks in Judge Sharpnack's chambers were Chris Arvin and Jennifer Dunlap.

3. While a judicial clerk with Judges Daniel G. Heath and David J. Avery, I researched and assisted with the drafting of trial court judicial orders and judgments, including protective orders, injunctions, civil rulings on dispositive motions, and proceedings supplemental. I also served as judge pro tempore and presided over a hearing for involuntary civil (mental health) commitment.

4. During my internship with Judge Larry J. McKinney, I researched and drafted four summary judgment opinions employing the federal summary judgment standard of review. As an intern, I worked closely with the late judicial clerk, Deborah K. Hepler.

5. While a summer associate at Wilhite and Associates, I interviewed clients (and prospective clients), researched legal issues, wrote legal briefs and memoranda, and assisted the lead attorneys at hearings and trial. I worked with attorneys Jeffrey Wilhite and Tara L. Sohlman.

6. During my summer clerkship at the Office of the United States Attorney in Louisville, Kentucky, I researched federal criminal and civil racketeering laws and drafted various motions and inter-office memoranda. I primarily worked with Assistant United States Attorney Terry Cushing.

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5. Trial/Judicial Experience

A. Describe the extent of your jury trial experience, if any.

From August 2006 through approximately March 2009, I assisted on a federal defamation lawsuit filed by a "big business" corporation against my individual clients, seeking $25 million for the creation and operation of an Internet "blog." This action was filed in the District of Arizona on a "rocket docket," and styled as Best Western International, Inc. v. James Furber, et al., Case No. CV06-1537-PHX-DGC. At its core, this federal suit involved an internal political battle between Best Western's corporate officers and Board of Directors, on the one hand, and some individual Best Western members, on the other hand. The political struggle concerned numerous bylaw changes initiated and proposed by the Best Western Board of Directors, which were soon to be voted on by the more than 2,400 individual Best Western members. Because time was of the essence and communication among members was slow, expensive, and difficult to achieve (as Best Western International Inc. would only supply members-upon request- with other members' United States postal addresses), one member created an Internet weblog to provide fellow Best Wes tern members the ability to discuss key issues concerning the company and the upcoming membership vote. The goal was to inform the Best Western populace by giving its members a platform to speak anonymously about (both in favor and against) the changed bylaw proposals. Anonymity was important, as it was believed that many members feared retribution from Best Western corporate officials.

Soon after the web log was activated, Best Western International, Inc. sued my clients, seeking to shut down the blog. We believed the suit was nothing more than a strategic lawsuit against public participation (a SLAPP suit), designed to censor, intimidate, and silence critics by burdening them with the expense of a legal defense until they eventually abandoned their criticism or opposition. In that vein, Best Western International, Inc. hired a global law firm and litigated the action using a "scorched earth" approach, with the goal of wearing down my clients and making their legal defense cost prohibitive. Nevertheless, after several years of intense litigation, and on the eve of trial, the parties settled the matter. In the settlement, the terms of which are not confidential, Best Western International, Inc. (the so-called "plaintiff') paid my clients $2.1 million to resolve the matter and avoid an abuse of process and/or malicious prosecution action filed against the corporation.

In the successful representation of my clients, I assisted with and performed the following (non-exhaustive) tasks:

• Researched complex legal issues involving defamation claims and defenses, First Amendment rights, scope of immunity under the federal Communications Decency Act, contract law, the implied contractual duty of good faith and fair dealing, and tortious interference of contracts (all research necessary to develop a sound trial strategy and legal defense);

• Analyzed a 36-page, 13-Count, and 264-paragraph Complaint (as well as First and Second Amended Complaints), and timely prepared appropriate Answers/ Affirmative Defenses on behalf of clients;

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• Propounded, and responded to, numerous sets of discovery (interrogatories, requests for production, and requests for admission), on behalf of six different individual clients;

• Responded to requests to preserve and produce clients' electronically stored information (ESI), including the inspection and mirror-imaging of computers, and secured favorable court rulings to limit the scope and costs of such inspection;

• Identified fact witnesses and documentary evidence to be admitted or used at trial;

• Secured five expert witnesses in the fields of economics, linguistics, computer web­blogs, business governance, and digital investigations, and prepared and filed the required Federal Rule 26 Expert Reports;

• Prepared clients and witnesses for depositions;

• Prepared for and assisted with depositions of corporate executives and members of the corporate plaintiff's board of directors (these depositions lasted the maximum time of seven hours and involved over nine banker's boxes of documentary exhibits);

• Prepared expert witnesses for depositions;

• Prepared for and assisted with the depositions of opposing experts;

• Prepa.red the submission for, and participated in, a court-ordered settlement conference;

• Engaged in motions practice (including securing a favorable partial summary judgment on multiple claims) against the global law firm of DLA Piper and argued at several pre-trial hearings;

• Prepared jury instructions, motions in limine, responses to the opponent's in-limine motions, a trial brief, and a multi-volume exhibit binder for trial;

• Prepared for and participated in court-ordered final pre-trial conferences; and

• Reviewed and analyzed potential jurors in the jury venire or pool to prepare for jury selection.

In addition to this federal case, I have also been involved with other trial (district) court_ actions that were scheduled for an impending jury trial. For these cases, I assisted with all aspects of motions practice, including preparing dispositive Daubert (if in federal court) or Daubert-type (if in Indiana state court) motions and motions in limine, and drafting (or objecting to) jury instructions. These cases were all resolved prior to trial through a favorable dispositive motion ruling or settlement.

Before entering private practice, and while a law clerk for the Honorable Judge David J. Avery, I assisted with several civil jury trials. My responsibilities included, among other things, finalizing jury instructions, recommending to the jt1dge which party-proposed instructions to give or reject, and researching the admissibility of certain trial exhibits.

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B. Describe the extent of your bench trial experience, if any.

During my private practice oflaw, I have been involved in one three-day bench trial, where I sat second chair. In that capacity, I prepared witnesses for trial, examined witnesses at trial (including an expert witness), cross-examined witnesses, and argued pending motions to the trial court. I also prepared a trial brief and court-requested findings of fact and conclusions oflaw and, further, actively monitored the evidence to ensure tp.e record accurately reflected what had occurred at trial and that all objections were preserved should an appeal become necessary.

I have performed similar tasks in other cases in preparation for bench trials, but those cases settled or were favorably resolved before trial.

Additionally, I have represented clients in a variety of hearings at the trial-court level, including arguing motions to dismiss, motions for summary judgment, motions to correct error, Indiana Trial Rule 60(B) motions, motions to certify under Indiana Appellate Rule 14(B), and requests for attorney fees, to name only a few.

Lastly, as a law clerk at the Allen Superior Court, I assisted with bench trials and hearings, conducting all necessary research for the court, preparing proposed orders, examining governing evidentiary rules, and drafting the court's findings and conclusions.

C. If applicable, describe the nature and extent of your judicial experience (including as a judge pro tempore). Include a description of your experience presiding over jury trials, if any.

During my legal career, I have had the privilege to serve as a judge pro tempore on limited occasions. As a judicial clerk at the Allen Superior Court in Fort Wayne, Indiana, I served for one day as a judge pro tempore and, in that capacity, presided over a docket of involuntary civil (mental health) commitment hearings. Later, while a judicial clerk for the Indiana Court of Appeals, I was able to serve as judge pro tempore for the Honorable Judge K. Mark Loyd of the Johnson County Circuit Court. In that role, I presided over divorce and child custody hearings.

As judge pro tempore, I examined the legal filings and pleadings in the case, heard oral arguments of counsel, analyzed all admissible documentary evidence, and weighed witness testimonies. I then arrived at a just and fair resolution of the issue or issues before the court.

In addition to these experiences, and as previously mentioned, I have also served as a judicial clerk for both the Allen Superior Court and the Indiana Court of Appeals for a total of six years after law school. During law school, I applied for and was awarded a semester internship as a clerk for the late Judge Larry J. McKinney.

6. Professional Experience

Include as writing samples, four selections (in total) from the written materials listed below in Subsections 6A - 6C.

Note: The four items denoted by asterisk(*) below have been included with this Application as Writing Samples.

A. If applicable, list up to five trial or appellate briefs and/ or judicial opinions you have written. Refer to them by caption, case number, and filing date.

As a practicing attorney for the past fourteen years, I have authored countless briefs (Trial, Appellant, Appellee, Reply, Rehearing Petitions or Oppositions thereto, Petitions to Transfer or in Opposition to Transfer, Opposition to Petition for Writ of Certiorari, and Amicus) in more than 180 cases. Prior to private practice, as a judicial clerk, I assisted in drafting more than 250 judicial opinions.

A small sampling ofmy extensive written body of work includes the following:

Trial Court Brief:

I. Best Western International, Inc. v. John Doe, eta/., Case No. CV06-1537-PHX­DGC, Defendants' Motion for Summary Judgment, Memorandum of Points of Authorities, and Designation of Evidence, filed on May 9, 2008 (Pacer Dkt. Entries 338 and 339).

Appellate Briefs:

2.* Daviess-Martin Cty. Joint Parks & Recreation Dep't v. Estate of Abel by Abel, Case No. 19A04-1607-CT-1563, Brief of Appellants, filed on November 23, 2016.

Please see attached Exhibit C

3.* Megenity v. Dunn, Case No. 22S04-1609-CT-465, Appellee's Petition to Transfer, filed on June 23, 2016.

Please see attached Exhibit D

Judicial Opinions:

4.* Kirby v. State, No. 55A01-0109-CR-335, Court of Appeals Opinion issued on August 29, 2002. (I assisted in researching and drafting this Opinion during my ~lerkship with the Honorable Judge John T. Sharpnack).

Please see attached Exhibit E

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5.* Perry v. Gulf Stream Coach, Inc., No. 49A02-0403-CV-225, Court of Appeals Opinion issued on August 31, 2004. (I assisted in researching and drafting this Opinion during my clerkship with the Honorable Judge L. Mark Bailey).

Please see attached Exhibit F

B. If applicable, list up to five legislative drafts or court rules you have written or to which you contributed significantly. Refer to them by official citation, date, and subject matter.

Court Rules

In February 2016, I was appointed to serve on the Supreme Court Committee on Rules of Practice and Procedure. This committee conducts a continuous study of the Indiana Rules of Procedure and proposes (as needed) new court rules or amendments to existing rules. The procedural rules we evaluate, alter, and amend-which run the gamut from trial rules, to evidentiary rules, to small claims rules, to criminal rules, to appellate rules, to administrative rules, etc.-control litigation and appellate practices throughout Indiana. Consistent with its mission, the Rules Committee always seeks to promote simplicity in procedure, just and fair determination oflitigation, and elimination of unnecessary expense and delay. We are cognizant not to promulgate or amend rules in a way that they become traps for the unwary. Importantly, all rule changes are neutral in character (i.e., not affiliated with the plaintiffs' or defense bars).

During my service on the Committee, I have worked on, or contributed significantly to, several rule amendments, five of which are listed below (in "date of amendment" order):

1. Indiana Small Claims Rule 2(B)(4), amended on October 30, 2017 (and Indiana Rule ofTrial Procedure 9.2, amended on October 31, 2017), to add additional requirements for the Affidavit of Debt if the creditor-plaintiff is not the original creditor and the claim arises from a debt that is primarily for personal, family, or household purposes.

2. Indiana Trial Rules 4 and 4.14, amended on July 26, 2018, permitting Service of Process by special order of court (including via an Internet webpage). Indeed, the Rules Committee is working with the Court to create a web page for service, as an alternative (if desired) to expensive newspaper publication.

3. Indiana Appellate Rule 57, amended on July 30, 2018, to allow petitioners 45 (instead of 30) days to file a Petition to Transfer, thereby giving petitioners more time to make the "transfer" decision and determine if amicus support is needed.

4. Reorganization of Indiana Administrative Rule 9, the bulk of which has now become the Indiana Rules on Access to Court Records, Rules 1 through 12, and Appendices 1 and 2, created on December 19, 2019. These rules govern public access to, and confidentiality of, court records.

5. Constant review, analysis, and revision (where necessary) oflndiana Trial Rule 86 regarding electronic filing and service requirements. This rule has been

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the subject of numerous changes and improvements since Indiana migrated to ai

statewide E-Filing system.

C. If applicable, list up to five of your contributions to legal journals or other legal publications. Provide titles, official citations, and a brief description of the subject matter.

1. Deciding Whether To Seek Certiorari or Other Discretionary Review, APPELLATE ISSUES, VOLUME 2 (2011).

This article examines the various factors to be weighed when determining whether to seek certiorari review before the United States Supreme Court. It discusses the need for, and gives tips on how to identify, cert-worthy issues in a culture that increasingly seems to disfavor certiorari. Statistically speaking, for example, the United States Supreme Court only accepts approximately 75 (out of over 9,000) certiorari petitions each year. Finally, the article explores the use of amici curiae at the Supreme Court level.

2. United States Supreme Court To Determine The Constitutionality Of The Public Company Accounting Oversight Board, Created By Title I Of The Sarbanes-Oxley Act of 2002: Free Enterprise Fund v. Public Company Oversight Board, 537 F3d 667 (D. C. Cir. 2008), cert. granted 129 S. Ct. 2378 (2009), 8 APPELLATE ISSUES, VOLUME 2 (2009).

This article discusses the Free Enterprise Fund case, over which the United States Supreme Court granted certiorari review in 2009, and notes the significance of the three separate and independent branches of government: legislative, executive, and judicial. The Free Enterprise Fund action concerned the constitutionality of the Sarbanes-Oxley Act's creation of the Public Company Accounting Oversight Board ("Oversight Board"), whose members or officials are appointed-and subject to removal for cause-by the Securities and Exchange Commission (the "Commission"), and not directly by the President. The legal issue was whether the creation of the Oversight Board violated the Appointments Clause, separation of powers doctrine, and non-delegation principles, inasmuch as the Oversight Board is appointed-and under certain circumstances may be removed- by the Commission, leaving the President without any authority to appoint or remove Board members.

The article notes the significance of the Free Enterprise Fund suit, which­depending upon how the Supreme Court ruled-had the potential to call into question decades of constitutional doctrine and precedent. The case could have also affected other agencies, such as the Commission, Federal Trade Commission, and Federal Communications Commission, that (like the Oversight Board) were created to be free of direct presidential supervision.

[Note: after publication of this article, the United States Supreme Court issued its decision, determining that the method through which members of the Oversight Board are removed violates the United States Constitution's

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separation of powers. See Free Enterprise Fund v. Public Co. Accounting Oversight Bd., 561 U.S. 477 (2010).]

3. Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, 7 IND. J. GLOBAL LEGAL STUD. 299 (1999).

This Note examines the international community's response to the rise of children's rights and suggests that more can be done to protect unaccompanied children. It also discusses the historical background of the international children's rights movement and the unique character of the Children's Convention (identifying some implementation problems), as well as the role of the UNHCR and the Guidelines. Lastly, the Note explores possible solutions to the problem of unaccompanied children, including the need for a supplementary or new convention.

4. China's Newly Enacted Intercountry Adoption Law: Friend or Foe?, 7 IND. J. GLOBAL LEGAL STUD. 369 (1999).

This Trend Paper discusses the myriad factors contributing to the development ofintercountry adoption from the perspectives of both developing and developed nations. It also scrutinizes the social and economic considerations surrounding intercountry adoption with respect to prospective adopters. More narrowly, it examines China's (1998) law and policy regarding intercountry adoption, highlighting how the positive and negative attributes of international adoption correlate with stringent laws on intercountry adoption from sending nations.

5. Indiana Appellate Practice Manual (prepared by the Appellate Practice Section of the Indiana State Bar Association, 2008 Edition).

This manual was approximately 84 pages in length and included a summary of relevant appellate deadlines, court rules, and case law. The purpose of the manual was to help the reader develop an understanding of the appeal process from initiation to final certification. In that regard, it served as a "how to" guide for novice, experienced, and prose practitioners. For years, the Appellate Practice Manual was published on the Indiana State Bar Association's website and on the website for the Clerk of the Supreme Court, Court of Appeals, and Tax Court. It is my understanding that updating the manual and publication were eventually discontinued due to concern that it could inadvertently encourage pro se appellate advocacy.

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A. Identify the five most significant legal matters entrusted to you, whether as a judge or lawyer, and describe why you believe them to be so.

I believe that all clients have the right to diligent, effective, competent, and efficient legal representation. Because of this belief, I consider every matter I handle ( or with which I am involved) to be significant. Throughout my legal career, I have grown to understand that all legal matters are intensely personal and/ or important to the litigants involved, as such matters have the ability to alter-and in some cases impede-their fundamental rights (e.g., rights to parent a child, speak freely under the First Amendment, exercise one's religion, etc.), livelihoods, and even their liberties. From that "personal" perspective, no legal matter or issue is greater or more important than another legal matter or issue.

That said, and in order to answer this question, I delineate below five cases or categories of significant legal matters that have been entrusted to me. This sampling of cases, however, in no way diminishes the significance ofmy other cases that are not listed below.

1. Child Custody Matters: In my private practice (and although my law firm does not generally handle family-law matters), I have represented individuals seeking cµstody ( or trying to prevent the adverse modification of custody) of their children/grand-children. In T.E. v. S.H, Case No. 54A04-0811-JV-650, decided by the Court of Appeals on May 29, 2009, I represented a mother who had originally been awarded primary care, custody, and control of her son. After the son began exhibiting behavioral problems, however, the father successfully sought primary physical custody. I entered the case on a pro bona basis post­judgment and pursued an appeal on the mother's behalf.

Subsequently, in Hays v. Hockett, Case No. 62A01-1612-DR-2910, decided by the Court of Appeals on January 25, 2018, with transfer denied on May 24, 2018, I represented the paternal grandparents of a child who had lived his entire life with them in their Oklahoma residence (even when the child's parents resided near the grandparents' home). The parents would sometimes exercise weekend visitations with their son, picking him up on Saturdays and returning him to the grandparents' home on Sundays. After several years of this arrangement, the parents separated and the mother successfully sought primary custody of the child. I entered the case at the appellate level, representing the paternal grandparents from initiation of appeal to the appeal's conclusion.

These cases are significant because they involve a child's placement, welfare, and well-being. They also concern, or touch upon, the fundamental right of parents to direct the upbringing, education, and care of their children.

2. Judicial Clerk and Judge Pro Tempore Matters: All matters entrusted to me while serving as a judicial clerk of the Indiana Court of Appeals and the Allen Superior Court were significant. In those matters, I helped the court-the

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neutral decision-maker-ascertain the parties' respective legal positions, determine the governing or appropriate rule of law, and ensure that application of the law to the facts in question would not produce unintended negative consequences. Many of these cases involved a litigant's due process rights and liberty interests (most notably, criminal and involuntary civil (mental health) commitment cases). Other matters concerned the fundamental right to parent a child, while still other cases involved property rights and the injured party's ability to be compensated and made whole for injuries sustained.

Similarly, the matters entrusted to me while serving as judge pro tempore were significant, given my role as judge and neutral decision-maker. As a judge pro tempore, I was appointed to preside as judge over cases in the sitting judge's temporary absence. One type of case I presided over regarded the involuntary civil (mental health) commitment of individuals to mental health treatment facilities. In these cases, there was usually no dispute that the respondent suffered from a mental illness. The issue, however, concerned whether the respondent was a danger to self or others or was gravely disabled (i.e., whether the respondent could provide for his or her basic needs for food, clothing, or shelter because of a mental illness), such that court ordered treatment was warranted. At civil commitment hearings, close family members or friends of the respondent, as well as a mental health professional, would frequently testify (and present documentary evidence) in favor of commitment. The respondent would also testify, typically opposing civil commitment. After testimony was complete, I (as judge pro tempore) would render a decision either involuntarily committing, or refusing to involuntarily commit, the respondent to a mental health treatment facility, all the while cognizant of the significant liberty interests at stake.

Another matter type I presided over as judge pro tempore involved family-child related issues, such as child custody and child support. As previously mentioned, these issues are significant as they concern the care and welfare of children.

3. Novel Issues and "First Impression" Cases: Any matters entrusted to me that present new or "first impression" legal issues are significant because they have the tendency to shape and define the governing legal landscape for years to come. Typically, in a case of first impression, the exact issue before the court has not been addressed by that court, or within that court's jurisdiction. Therefore, there is no binding authority controlling the matter. Cases of first impression often occur in connection with recently passed legislation or when the issue has been addressed by other jurisdictions, but not in the court's jurisdiction. An example of one such case is Daviess-Martin Cty. Joint Parks & Recreation Dep't v. Estate of Abel by Abel, Case No. 19A04-1607-CT-1563.

In Abel, the issue before the court on summary judgment was whether Daviess County and the Daviess Health Department owed a park-goer a duty to warn of the presence of brain-eating amoebae in the lake where he was swimming. This wrongful-death action involved the first confirmed infection, and later death, of

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an individual from exposure to naegleriafowleri (a brain-eating amoeba) in Indiana's recorded history. The infection is extremely rare. Indeed, from 1962 (when the amoeba was originally discovered) to 2013, there were only 132 reported cases of the infection in the entire United States- a national average of only approximately 2.5 infections per year (despite millions of swimming­related exposures annually).

The brain-eating amoeba is a microscopic free-living organism found naturally in soil and freshwater. It cannot be eradicated. Still, there is only one known way the amoeba can infect a human- it must travel far enough up the nose to reach the olfactory nerve (located at the top of the nasal canal just below the brain). Activities that allow water to forcefully intrude the nasal passage (such as diving, waterskiing, and sinus irrigation) are the types of behaviors that may result in the brain-eating amoeba reaching the olfactory nerve. By contrast, drinking or inhaling contaminated water, or allowing the water to get into one's nose, will not cause the deadly infection. Nor does the amoeba infect open wounds.

The swimmer's estate in Abel sued the county defendants alleging that they should have posted warning signs regarding the possible presence ofbrain­eating amoebae ( even though the Center for Disease Control expressly recommends against such warnings). At the trial court level, the defendants sought, but were denied, summary judgment. The Court of Appeals reversed, holding that it was not reasonably foreseeable that the decedent would contract the rare infection and, thus, the county defendants owed no duty of care.

4. Defending "Rule of Law:" Also significant are cases where I am asked to defend the rule oflaw. The rule oflaw is a principle under which all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. The tenet fosters consistency and predictability in the law. An example of a case where I was asked to defend the rule oflaw is Megenity v. Dunn, Case No. 22S04-1609-CT-465.

In Megenity, a case involving a karate sports injury between co-participants, I successfully defended Indiana's landmark case of Pfenning v. Lineman, 947 N.E.2d 392, 404 (Ind. 2011), which had held that, "in negligence claims against a participant in a sports activity, if the conduct of such participant is within the range of ordinary behavior of participants in the sport, the conduct is reasonable as a matter oflaw and does not constitute a breach of duty." Although the trial court's favorable summary judgment was reversed on appeal, the rule oflaw prevailed on transfer to the Indiana Supreme Court.

5. Freedom-to-Contract Cases: A final category of significant cases that has been entrusted to me are matters involving the parties' freedom to contract. In Bd. of Comm'rs ofCty. of Jefferson v. Teton Corp., No. 72S04-1410-CT-642, I represented a general contractor who had entered into a standard American Institute of

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Architects (AIA) contract with the property owner. The standard AIA contract required the property owner to maintain property insurance coverage and the contractors to maintain liability insurance coverage. The contract, which the property owner entered into voluntarily, also contained a waiver-of-subrogation provision.

In Teton, after a fire had destroyed the Jefferson County courthouse, the property owner's insurance carrier covered all of the damages sustained. The property insurer later filed suit against the roofing contractors (including my client) arguing that a sub-subcontractor caused the fire and seeking subrogation of the amounts paid. At the trial court level, on appeal, and on transfer, we successfully argued that the insurer could not maintain a subrogation lawsuit because the insured (i.e., the property owner) had contractually waived any right to subrogation.

7. Efforts to Improve the Legal System, Administration of Justice. or Society

A. Describe your efforts, achievements, or contributions (including written work, speeches, or presentations) toward the improvement of the law, the legal system, or the administration of justice. Include a description of any management or leadership roles you undertook to achieve these goals, and describe any specific instances in which your collaborative efforts helped achieve these goals.

I firmly believe that supporting the state, federal, and local bar associations, and participating in events and writings that better educate the public about, and encourage public confidence in, attorneys and the justice system are important contributions that-over time-improve the law, the legal system, and the administration of justice, I also believe that helping to educate lawyers through continuing legal education presentations, mentorship, and leadership improves the law.

As a private practitioner in a busy regional law firm, I have always made time to participate in bar association activities and legal presentations. I also make time to mentor and train newer attorneys both inside and outside my firm. Indeed, I routinely receive communications from outside lawyers requesting advice on a particular topic or subject matter and I always assist that attorney and try to guide him or her in the right direction. In a way, this approach is a "pay-it-forward" mentality, as I have been fortunate to have many excellent mentors do the same for me during my career.

1. Bar Association Participation

Since beginning my private practice oflaw in August 2006, I have immersed myself in a myriad of bar association activities. Locally, I have been an active member of the Floyd County Bar Association since 2006. I served as Secretary-Treasurer of the organization from 2009 to 2010, Vice President from 2010 to 2011, and President from 2011 to 2013. As a leader of the Floyd County Bar Association, I organized approximately nine continuing legal education seminars per year, offering local attorneys quality iegal education (including ethics credits) at a reduced cost. At least

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annually, I also invited the Indiana Court of Appeals to conduct an "Appeals on Wheels" traveling oral argument at a local high school or college, in an effort to give southern Indiana attorneys and citizens (who are often unable to travel to Indianapolis for such arguments) the ability to witness live oral arguments and interact with Indiana's Appellate jurists. Traveling oral arguments are just like regular Statehouse oral arguments-a bailiff calls the court into session, the judges enter, and lawyers for the parties present their arguments and answer the judges' questions. A key difference, however, is that, after traveling oral arguments, the judges usually entertain audience questions about the law and the judiciary in general. This question-and-answer portion of the event offers audience members valuable insight into the inner-workings of the court, thereby fostering transparency in the legal system and permitting the audience to see the court at work.

At the state level, I have been an active member of the Indiana State Bar Association since shortly after I began my practice oflaw. I have held numerous leadership roles in the Appellate Section of the Indiana State Bar Association, including District I Representative, Treasurer, Secretary, Vice President, Chair Elect, and Chair (from 2007 to 2018). In those capacities, I helped plan various continuing legal education presentations, surveyed the Indiana Appellate Rules and proposed needed amendments, and served as moderator and table captain at multiple "Evening with the Appellate Judges" events-events that allow appellate attorneys of all experience levels to dine with other appellate advocates and judges from across the state. I also assisted with the State Bar's Amicus Brief Committee.

From 2014 to 2016, I had the privilege to serve as a Board of Governor for the Indiana State Bar Association. That Board works to improve the administration of justice and promote: public understanding of the legal system. It also acts, on its members' behalf, as the independent voice of the legal profession.

Turning to the federal level, I have been a member of the American Bar Association's Council of Appellate Lawyers (CAL) for over twelve years. From 2009 to 2011, I served as a Board Member of CAL's Executive Committee, representing the interests oflndiana. I was also the Editor (and later the Chair) of CAL's published journal, "Appellate Issues."

Additionally, I participated in the American Bar Association's Appellate Practice Institute' in 2009. Akin to a trial college, this Institute employed a nationally recognized faculty of appellate jurists and practitioners who reviewed and individually commented on each participant's appellate brief and conducted a "mock" oral argument, at the conclusion of which they gave constructive feedback and tips. It was a wonderful learning experience.

I am also a member (or, at times, have been a member) of the Seventh Circuit, Kentucky, and Louisville Bar Associations, as well as the Inn of Court for Floyd County.

Even as a judicial law clerk, I would often attend Inn of Court and bar-related meetings for my judge. Indeed, in 2005, I was fortunate enough to be selected as a member of the Indianapolis Bar Association's Bar Leader Series III. The Bar Leader Series is an

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intensive eight-month leadership development program, teaching attorneys what it means to be a leader in the community. It also teaches lawyers how to communicate, motivate, inspire, and succeed in law and in service to professional, political, judicial, civic, and community organizations.

My goal with all of these bar activities is/was to improve-either directly or indirectly- the law, the legal system, and the administration of justice. I am very proud to be a first-generation attorney and I want to share that pride with the public in a manner that enhances how attorneys are perceived by society.

2. Presentations

Another way I have tried to improve the law, the legal system, and the administration of justice is through the education and training of other legal advocates. In that regard, I have given numerous continuing legal presentations, including (but not limited to) the following programs:

• Presenter, "Writing Effective Appellate Briefs," Panel Discussion and CLE for ICLEF's all-day seminar on Appellate Practice Advocacy, November 2019;

• Moderator and Presenter, The Roadmap of a Lawsuit: Are We There Yet? Civil Procedures and Practice Pointers from years of Experience!, Panel Discussion and CLE for ICLEF, February 2019;

• Moderator and Presenter, A Look at Indiana's Appellate Courts: Statistics, Trends & Amicus Practice, Panel Discussion and CLE for the Indiana State Bar Association, 2017;

• Moderator and Organizer, Appellate Practice Skills Seminar focusing on E­Filing in Indiana's Appellate Courts, Panel Discussion and CLE for the Indiana State Bar Association, 2016;

• Presenter, Persuasive Appellate Writing, CLE for the Indiana State Bar Association's Solo and Small Firm Conference, 2016;

• Moderator, Effective Appellate Advocacy, Panel Discussion and CLE for the Indiana State Bar Association's Annual Meeting 2013;

• Presenter, Court of Appeals Argument Tips and Plenary Session on Recent Amendments to Indiana Appellate Rules, CLE for the Floyd County Bar Association, 2012;

• Presenter, Appellate Practice Survey, Panel Discussion and CLE for ICLEF, 2011;

• Facilitator, Diversity in Appellate Practice, Panel Discussion and CLE for the Indiana State Bar Association's Annual Meeting, 2010;

• Moderator, Making Your Case: The Art of Persuading Judges Indiana Style, Panel Discussion and CLE for The Evening With the Appellate Judges, 2010; and

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• Presenter, How To Draft An Appellate Statement Of Facts, Panel Discussion and CLE for the Appellate Skills Institute, 2009

3. Mentorship Activities

As a senior partner, department head (one of only eight in the firm), and the Chair of the Appellate Practice Group at Kightlinger & Gray, LLP, I dedicate a great deal ofmy time to mentoring and training new attorneys. I enjoy this aspect of my career, as I find it rewarding to see an attorney grow and become better and more efficient in his or her legal practice and representation. In that vein, I have prepared and given countless internal firm presentations on procedural and substantive areas of the law, including the differences between the Indiana (Hughley) and federal summary judgment standards, preserving error for appeal at the trial court level, how to effectively and more economically research complex legal issues, etc.

On a more day-to-day basis, however, I utilize an open-door policy with my associates and junior partners, which enables me to spend a lot of one-on-one time with them, answering questions, evaluating legal issues, and otherwise helping them navigate through the sometimes-complicated world of private practice. I also supervise cases with associates, help them evaluate the legal issues presented, and constructively edit their trial and appellate briefs. The goal is three-fold: to enhance and improve the overall legal product, to help the attorney become more efficient and skilled at the practice oflaw, and to ensure that the client gets the best representation possible.

B. Describe your efforts, achievements, or contributions (including written work, speeches, or presentations) concerning civic, political, or social issues. Include a description of any management or leadership roles you undertook in this area, and describe any specific instances in which your collaborative efforts in this area led to a successful result.

I similarly believe that assisting with civic, political, and/ or social issues is important to the strength of a community. In that regard, I have served as an active volunteer for the local "Kentuckiana" chapter of Junior Achievement. One goal of Junior Achievement is to inspire and prepare young people to succeed in a global economy, giving teens the tools to understand the world of work and personal finance. As a Junior Achievement volunteer (from approximately 2006 through 2010), I taught high school freshmen attending Silver Creek and Floyd Central High Schools how to choose a career path, prepare a resume, and interview for employment. As part of the curriculum, I also discussed with the students Sean Covey's book, "The 7 Habits of Highly Effective Teens," and participated in mock interviews. I found teaching these classes (on a weekly basis) rewarding and have since spoken to a few former students who indicate that the experience gave them the tools needed to get their first jobs.

Further, when my eldest daughter was younger, I regularly volunteered with her girl scout troop, assisting the girls earn badges for community service, sell cookies to further the girl scout mission, and honor the girl scout code of conduct.

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C. Describe your efforts, achievements, or contributions (including written work, speeches, or presentations) to improve your local, state, or national community through charitable work or public service. Include a description of any management or leadership roles you undertook in this area, and describe any specific instances in which your collaborative efforts in this area led to a successful result.

In my private law practice, I have assisted a wonderful organization called "DADS"­Dad's Appreciating Downs Syndrome- obtain their Rule 501(c)(3) tax certification. I have also supported DADS' fundraising efforts.

Additionally, through my Bar Leaders Series work, I helped draw positive attention to, and find grant opportunities for, the Best Buddies organization in Indianapolis. Best Buddies is a nonprofit 501(c)(3) organization dedicated to establishing a global volunteer movement that creates opportunities for one-to-one friendships, integrated employment, leadership development, and inclusive living for individuals with intellectual and developmental disabilities.

D. Describe the nature and extent of any pro bono legal services you have contributed.

I have volunteered with Indiana's Appellate Pro Bono Project and have represented clients on appeal. One such case was T.E. v. S.H., Case No. 54A04-0811-JV-650, decided by the Indiana Court of Appeals on May 29, 2009.

I have also represented a local Corydon church on a pro bono basis. See Reich v. Lincoln Hills Christian Church, Inc., 888 N.E.2d 239, 241 (Ind. Ct. App. 2008). Additionally, I have agreed to represent clients in many cases on a reduced or no-fee basis. However, I do not know if these latter cases would technically satisfy Indiana's strict requirements for pro bono services.

Lastly, I have volunteered several times with Indiana's local chapter of "Talk to a Lawyer," where individuals can ask an attorney specific legal questions and receive, in turn, basic legal advice.

E. Indicate your experience teaching law. Provide the dates, names of institutions or programs, and a description of the subject matter taught.

Although I have not yet had the opportunity to formally teach a law school class, I have presented numerous continuing legal education seminars in the state of Indiana. See supra Part One, Section 7(A). I have also volunteered to judge or "moot" oral arguments given by University of Louisville law students who are participating in Moot Court or other national trial competitions. At the conclusion of these arguments, we always make time to educate the students on how to improve and make more effective their oral arguments.

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8. Memberships and Other Activities

A. List any memberships and offices you have held in professional organizations, including dates and descriptions of the purposes of the organizations and of your involvement.

• Floyd County Bar Association (FCBA) (member since approximately 2006)-a local bar association that serves the interests oflawyers, judges, and the people of Floyd County by encouraging collegiality, public service, and professionalism on the part of attorneys and by increasing awareness of the critical role that law plays in the lives of Floyd County residence

o President, 2011-2013 o Vice President, 2010-2011 o Secretary-Treasurer, 2009-2010

• Indiana State Bar Association (ISBA) (member since approximately 2006)-an association that seeks to improve the administration of justice, promote public understanding of the legal system, and serve as the independent voice of the legal profession on behalf of its members, their clients, and the public interest.

o Appellate Practice Section (member since approximately 2006)- a Section that encourages and plans continuing legal education forums for those in

· appellate practice, and works to simplify and expedite appellate procedure where appropriate.

• Chair, 2017-2018 • Chair-Elect, Vice President, Secretary, Treasurer, and multiple other

multiple leadership positions from 2007 to 2018 • Contributor to the Indiana Appellate Practice Manual, 2008 • Appellate Rules Update Committee, 2008

o Board of Governor, 2014-2016 (The ISBA is governed by its House of Delegates, Board of Governors, and Executive Committee)

• Seventh Circuit Bar Association (member since approximately 2006)-an association that promotes interaction and cooperation between lawyers and judges in improving the administration of justice in the Seventh Circuit

• American Bar Association (ABA) (member since approximately 2007)- a national association with a mission to preserve the independence of the legal profession and the judiciary

o Council of Appellate Lawyers (CAL) (member since 2007)- a national appellate bench-bar organization that has, as its mission, the goal to foster a dialogue among federal and state appellate lawyers and judges, to improve appellate advocacy and· strengthen ties among the numerous appellate bar associations

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■ Chair of CAL's Publications Committee, 2011-2013 • Board Member.of CAL's Executive Committee, Representing the

Interests of Indiana, 2009-2011 ■ Editor of CAL's Journal Appellate Issues, 2009-2011 ■ ABA Appellate Practice Institute participant, 2009

• Defense Trial Counsel oflndiana (member since approximately 2009)-an association oflndiana lawyers who defend clients in civil litigation

o Amicus Committee Member (since 2011)- a committee that decides whether the organization should file amicus briefs in requested cases

• The Sherman Minton Inn of Court (member from approximately 2006 to 2018)-an association of judges and attorneys who strive to inspire the legal community to advance the rule oflaw by achieving the highest level of professionalism through example, education, and mentoring.

• Kentucky Bar Association (member since 2006)- a mandatory bar association for attorneys admitted to practice law in the state of Kentucky.

• Indiana Supreme Court Committee on Rules of Practice and Procedure (appointed February 2016-present)-Committee that surveys the Indiana Rules of Court and proposes amendments where necessary

• Participant of Indiana Bar Leader Series III Participant, 2005-2006

• Selected for inclusion on the Rising Stars list published in Indiana Super Lawyers Magazine (2010, 2011, 2013, and 2014)

B. List any memberships and offices you have held in civic, charitable, or service organizations, including dates and descriptions of the purposes of the organizations and of your involvement.

• One Southern Indiana (member since approximately 2006)-One Southern Indiana is the Lead Economic Development Organization and Chamber of Commerce for Clark and Floyd Counties on the Indiana side of Louisville, Kentucky. The organization proactively works to grow the regional economy through business attraction, retention, and expansion; through encouraging and supporting entrepreneurs and workforce development; and through providing government and workforce advocacy, business education, networking opportunities, and other business services to its members and investors.

o Attended numerous "Five O'Clock" Networking events hosted by One Southern Indiana

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• Junior Achievement of Southern Indiana (volunteer from approximately 2006 to 2010) o Taught Junior Achievement classes at Silver Creek and Floyd Central High

Schools

C. List any memberships you hold in social clubs or organizations. If any restrict its membershiPr on the basis of race, sex, religion, or national origin, please describe your efforts within the organization to eliminate restrictions.

None

D. Describe your hobbies and other leisure activities.

My husband and I have two beautiful daughters (ages four and 15) and, as a family, we like to bike ride (especially along the Ohio Valley Scenic Pathway), swim, hike, visit parks, zoos, caverns, and other educational centers, and travel. Our oldest daughter is a member of her high school's competitive dance team and our youngest daughter takes gymnastics and swimming. These activities consume a lot of our "spare" time.

My favorite hobby- when I can find time to do it-is scrapbooking. I like to make creative memory books to preserve the past for the future.

9. Legal Proceedings

A. List any lawsuits or legal proceedings in any jurisdiction, including but not limited to bankruptcies, dissolutions, and criminal matters to which you have been a party. Provide dates, case numbers, courts, names of other parties, and, if needed, a brief explanation. (If minor children are involved [i.e. an adoption], use initials only.)

None/Not Applicable

B. If you ever have been arrested or cited for any violation of the law other than for routine traffic violations, provide dates, jurisdictions, and an explanation of the event and its resolution.

None/Not Applicable

C. If you have been disciplined or cautioned, formally or informally, by the Indiana Supreme Court Disciplinary Commission, by the Indiana Commission on Judicial Qualifications, by the Indiana Supreme Court, or by similar entities in any other jurisdiction, identify each instance by date, case number (if applicable), and describe the circumstances and the nature of the outcome or resolution.

None.IN ot Applicable

D. If you have any outstanding federal, state, or local tax obligations, please itemize and explain. ·

None/Not Applicable 25

10. References

A. Provide the names of three attorneys who have been your professional adversaries in your practice or who have litigated substantial cases in your court and who would be in positions to comment on your qualifications for appointment to the Indiana Court of Appeals (contact information to be included in Part Two of this application).

1. Maggie L. Smith, Frost Brown Todd

2. Matthew J. Schad, Schad & Schad

3. Jon Laramore, Executive Director oflndiana Legal Services, Inc.

B. Provide the names of three professional references other than those listed in Subsection lOA (contact information to be included in Part Two of this application).

1. The Honorable Judge L. Mark Bailey

2. The Honorable Judge David J. Avery

3. The Honorable Magistrate Van T. Willis

C. Provide the names of three personal references other than those listed in Subsection lOA or lOB (contact information to be included in Part Two of this application).

1. Amanda G. Fillebrown

2. Patricia L. Van Dom

3. Karen M. Wisniewski

11. State Police Release Form and Photograph

A. Complete an Indiana State Police release form printed on green paper (you may obtain the release form by contacting the Nominating Commission office at marcus.mcghee@courts.in.gov or adrienne.meiring@courts.in.gov). Include the release form with the original application only and not with the copies.

B. Attach a recent color photograph of you to the front of the original application and to each copy of your application. (This allows the Commission members to put a face with a name if you are interviewed in person.)

(; Date

Printed Name

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