QUESTIONNAIRES  

1.    Name: State full name (include any former names used): Edward M . M ansfield

2. Birthplace: State year and place of birth: 1957, Cambridge, M A

 
3.    Education: List in reverse chronological order each college, law school, or any other
institution of higher education attended and indicate for each the dates of attendance,
whether a degree was received, and the date each degree was received.

Yale Law School, J.D. 1982 (attended 1979-82)

Harvard College, A.B. 1978 ± magna cum laude, Phi Beta Kappa (attended 1974-78)

4. Employment  Record: List in reverse chronological order all governmental agencies,

business or professional corporations, companies, firms, or other enterprises,
partnerships, institutions or organizations, non-profit or otherwise, with which you have
been affiliated as an officer, director, partner, proprietor, or employee since graduation
from college, whether or not you received payment for your services. Include the name
and address of the employer, job title and description, and reason for leaving.

February 2009-present: I have been a judge on the I owa Court of Appeals.

1996-February 2009: I was a member of Belin L amson M cCor mick

Z umbach Flynn, PC (now known as Belin M cCor mick, PC), 2000 Financial
Center, 666 Walnut St., Des M oines, I A 50309 (515-243-7100). I n 2006, I served as
President of the law firm. I left the firm in February 2009 after being appointed by
the Governor to the I owa Court of Appeals.

1983-96: I was an associate (1983-88), and then a partner (1988-96), in Lewis

and Roca, LLP, 40 N. Central, Suite 1800, Phoenix, AZ 85004 (602-262-5311). I left
the firm in 1996 to move to I owa with my wife.

1982-83: I was a law clerk to the Honorable Patrick E. Higginbotham, U.S. Court of
Appeals for the Fifth Circuit, U.S. Courthouse, 903 San Jacinto Blvd., Room 400,
Austin, TX 78701 (512-916--XGJH+LJJLQERWKDP¶VFKDPEHUVZHUHORFDWHG
in Dallas when I clerked for him.) The clerkship was a one-year appointment. I left
to go into private practice with Lewis and Roca at the conclusion of that year.

1982: I summer clerked for the Phoenix law firm of Lewis and Roca, 40 N. Central,
Phoenix, AZ 85004. I received an offer of permanent employment and joined that
firm after completing my judicial clerkship.

,VXPPHUFOHUNHGIRUWKH/RV$QJHOHVODZILUPRI2¶0HOYHQ\ 0\HUV
South Hope St., Los Angeles, CA 90071. I received an offer of permanent
employment.

1980: I summer clerked for the Boston law firm of Sullivan & Worcester, One Post
Office Square, Boston, M A 02109. I received an offer of permanent employment.

1978-79: For a year between college and law school, I worked as a research
assistant for the House Wednesday Group, U.S. House of Representatives,
Washington, DC. I took this one-year position, intending to gain some work
experience on Capitol Hill before entering law school.

1975-77: During summers in college I worked as a computer programmer for the

Federal National M ortgage Association, Washington, DC.

Also, during law school I worked as a resident assistant (Yale uses the term
³IUHVKPDQFRXQVHORU´LQWKHIUHVKPDQGRUPVWRKHOSRIIVHWWKHH[SHQVHRIDWWHQGLQJ
law school.

5. Military   Service   and   Draft   Status: Identify any service in the U.S. Military,
including dates of service, branch of service, rank or rate, and type of discharge received,
and whether you have registered for selective service.

I have not served in the military.

6. Honors  and  Awards: List any scholarships, fellowships, honorary degrees, academic
or professional honors, honorary society memberships, military awards, and any other
special recognition for outstanding service or achievement.

College: Phi Beta Kappa, magna cum laude. I also received a couple of academic
scholarships during college, whose names I do not recall. I n addition, I received the
Charles Bonaparte Prize as the outstanding junior majoring in government.

Law School: Yale does not rank students, use grades for law review membership, or
KDYH2UGHURIWKH&RLI,UHFHLYHG ³+´ ± the highest grade that Yale awards ± in
over 70% of my graded classes. I was named an Assistant in I nstruction (teaching
assistant) in my third year because of my academic performance.

Law Practice:

a v rated by M artindale-Hubbell

Best Lawyers in America for Commercial Litigation

Named an Honorary Barrister by Drake Law School for my contributions to the

Drake moot court program and demonstration of excellence in the art of advocacy.

Received the DuPont Gold Eagle Award, the highest award bestowed by DuPont
Legal, for my work on the TMJ implant cases.

Received the 3UHVLGHQW¶V$ZDUGIURP$PHULFD¶V%ORRG&HQWHUVWKHQDWLRQ¶VIHGHUDWLRQ

of independent, non-profit blood centers.

7.    Bar  Associations: List all bar associations or legal or judicial-related committees,

selection panels or conferences of which you are or have been a member, and give the
titles and dates of any offices which you have held in such groups.
M ember, I owa State Bar Association
Councilmember, Trade Regulation Section, I owa State Bar Association (past
Chairperson, 2004-06)
M ember, I owa Judges Association
M ember, Polk County Bar Association
I have been a member of the American Bar Association and the Food and Drug Law
I nstitute in the past.

8. Bar  and  Court  Admission:

a. List the date(s) you were admitted to the bar of any state and any lapses in
membership. Please explain the reason for any lapse in membership.
b. List all courts in which you have been admitted to practice, including dates of
admission and any lapses in membership. Please explain the reason for any lapse
in membership. Give the same information for administrative bodies that require
special admission to practice.
c. Have you ever been disciplined for breath of ethics or unprofessional conduct or
are you presently the subject of a complaint in any court, administrative agency,
Bar Association, disciplinary committee, or other professional group? If so,
please describe.

I owa, 1996
Arizona, 1983
Kansas, 1993 (inactive). Because of the expense, I decided to go inactive in Kansas
after joining the I owa Court of Appeals.
Southern and Northern Districts of I owa, 1996
U.S. Court of Appeals for the Eighth Circuit, 1993
U.S. Supreme Court, 1998
Numerous other federal appellate and district courts
I have never been disciplined for breach of ethics or unprofessional conduct and am
not the subject of any complaint.

9.    Memberships:
a. List all professional, business, fraternal, scholarly, civic, charitable, or other
organizations to which you belong, or to which you have belonged, since
graduation from high school.
b. Provide dates of membership or participation, and indicate any office you held.
Include clubs, working groups, advisory or editorial boards, panels, committees,
conferences, or publications.

Current Activities:

Board M ember, Goodwill I ndustries of Central I owa, 1997 to present.

(Additionally, I served as Chairperson of the Board from January 2003 to
December 2004.)

M ember, Central I owa Harvard Schools Committee, 1997 to present

(interview applicants to Harvard and prepare reports).
 6XQGD\6FKRRO7HDFKHUDQG2IIHULQJ&RXQWHU6W7LPRWK\¶V(SLVFRSDO
Church, West Des M oines.

Volunteer I nstructor, Junior Great Books Program, Hanawalt Elementary

School, Des M oines.

Past Activities (for the most part, I do not recall specific dates):

Board M ember and past Chairperson, Goodwill I ndustries of Central I owa

Foundation (I resigned this position upon joining the Court of Appeals)
M ember, Central I owa Advisory Committee, I owa Legal Aid (I resigned this
position upon joining the Court of Appeals)
Community I nvestment Volunteer, United Way of Central I owa
M ember, Downtown Des M oines Kiwanis
Board M ember and past Chairperson, Goodwill I ndustries of Central
Arizona
Report Chair for several Arizona Town Halls

10. Published  Writings  and  Public  Statements:

a. List the titles, publishers, and dates of books, articles, reports, letters to the editor,
editorial pieces, or other published material you have written or edited, including
material published only on the Internet. Please supply a copy of all published
material.
b. Please supply copies of any reports, memoranda or policy statements you prepared
or contributed in the preparation of on behalf of any bar association, committee,
conference, or organization of which you were or are a member. If you do not
have a copy of a report, memorandum or policy statement, give the name and
address of the organization that issued it, the date of the document, and a
summary of its subject matter.
c. Supply copies of any testimony, official statements or other communications
relating, in whole or in part, to matters of public policy or legal interpretation, that
you have issued or provided or that others presented on your behalf to public
bodies or public officials.
d. Supply copies, transcripts or recordings of all speeches or talks delivered by you,
including commencement speeches, remarks, lectures, panel discussions,
conferences, political speeches, and question-and-answer sessions. Include the
date and place where they were delivered, and readily available press reports
about the speech or talk. If you do not have a copy of the speech or a transcript or
recording of your remarks, give the name and address of the group before whom
the speech was given, the date of the speech, and a summary of its subject matter.
If you did not speak from a prepared text, furnish a copy of any outline or notes
from which you spoke.
e. List all interviews you have given to newspapers, magazines or other publications,
or radio or television stations, providing the dates of these interviews and four (4)
copies of the clips or transcripts of these interviews where they are available to
you.
I have written two published law review articles that are available on Westlaw:

Edward M . M ansfield, ³Reflections on Current Limits on Component and Raw

M aterial Supplier Liability and the Proposed Third Restatement,´ 84 Ky.L.J. 221
(1996).

Edward M . M ansfield, ³Textualism Gone Astray: A Reply to Norris, Davison, and

M ay on Hedge to Arrive Contracts,´ 47 Drake L. Rev. 745 (1999).

Additionally, I have authored or co-authored the following publications:

/HDG$XWKRU³&XUUHQW/HJDO,VVXHVLQ7UDQVIXVLRQ0HGLFLQH´SXEOLVKHGLQ
5RVVL¶V3ULQFLSOHVRI7UDQVIXVLRQ0HGLFLQH (4th ed. 2009)

Co-Author with W. Charles Smithson, ³,RZD¶V([SHULHQFHZLWK/LPLWHG

5HJXODWLRQ´SXEOLVKHGLQ'DYLG6FKXOW]HGM oney, Politics, and Campaign
Finance Reform Law in State Politics (Carolina Academic Press 2002)

Co-$XWKRUZLWK-LP0DF3KHUVRQ³0HGLFROHJDO$VSHFWVRI%ORRG
7UDQVIXVLRQ´SXEOished in 5RVVL¶V3ULQFLSOHVRI7UDQVIXVLRQ0HGLFLQH (3rd
ed. 2002)

$XWKRU³/LWLJDWLQJWKH&XWWLQJ-(GJH&DVH´Litigation M agazine, published

by the American Bar Association (Summer 1999)

A version of my senior college thesis was also published as a book chapter and I
have written published letters to The New York Times and The Economist (many
years ago).

I have given numerous presentations over the years. Here is a partial list going back
to 1998:

Speaker on ³$QWLWUXVWLQ-´,RZD7UDGH5HJXODWLon and Corporate

Counsel Seminar (September 2010)

Speaker on ³$1HZ$SSHOODWH-XGJH¶V3HUVSHFWLYHRQ,RZD¶V$GPLQLVWUDWLYH
3URFHVV´$QQXDO$/-6HPLQDU6HSWHPEHU

Speaker on ³5HFHQW'HYHORSPHQWVLQ7HUPLQDWLRQRI3DUHQWDO5LJKWVDQG
&,1$&DVHV´</D Summer Seminar, Okoboji (July 2010)

Speaker on ³&XUUHQW/HJDO&KDOOHQJHVLQ%ORRG%DQNLQJ´,OOLQRLV
Association of Blood Banks Annual M eeting (April 2010)
Speaker on ³5HFHQW$SSHOODWH&ULPLQDO/DZ'HFLVLRQV´$WWRUQH\*HQHUDO¶V
Annual CLE (October 2009)

Speaker on ³&DVH6WXGLHVLQ%ORRG%DQNLQJDQG7UDQVIXVLRQ0HGLFLQH´
AABB (September 2009)

Speaker on ³1HZ'HYHORSPHQWVLQ$QWLWUXVW/DZ´,RZD7UDGH
Regulation/Corporate Counsel Seminar (September 2009)

Speaker on ³1HZ/DZVDQG5XOHV´,RZD-XGJHV$ssociation and I owa

M agistrates Conferences (June 2009)

Speaker on ³1HZ$SSHOODWH5XOHV´3RON&RXQW\%DU$VVRFLDWLRQ6HPLQDU
(June 2009)

Speaker on ³$QWLWUXVW/DZ8SGDWH´,RZD7UDGH5HJXODWLRQ&RUSRUDWH
Counsel Seminar (September 2008)

Speaker on ³1HZ 'HYHORSPHQWVLQ$QWLWUXVW/DZ´,RZD7UDGH

Regulation/Corporate Counsel Seminar (September 2007)

Speaker on ³1HZ'HYHORSPHQWVLQ$QWLWUXVW/DZ´,RZD7UDGH
Regulation/Corporate Counsel Seminar (September 2006)

Speaker on the 40th Anniversary of the Voting Rights Act at the I owa
Diversity Conference in Ames and at Drake Law School (September and
October 2005)

Speaker on ³1HZ'HYHORSPHQWVLQ$QWLWUXVW/DZ´,RZD7UDGH
Regulation/Corporate Counsel Seminar (September 2005) (also Chair of that
seminar)

Speaker on ³%ORRGDQG3ODVPD6DIHW\DQG6XSSO\´at the Food and Drug

/DZ,QVWLWXWH¶V$QQXDO&RQIHUHQFH:DVKLQJWRQ'&$SULO

Speaker on ³$QWLWUXVW8SGDWH´,RZD7UDGH5HJXODWLRQ&RUSRUDWH&RXQVHO
Seminar (September 2004)

Speaker before the American Association of Blood Banks 56th Annual

M eeting in San Diego, California (November 2003)

6SHDNHURQ³$QWLWUXVW8SGDWH´,RZD7UDGH5HJXODWLRQ&RUSRUDWH&RXQVHO
Seminar (September 2003)

6SHDNHURQ³7KH,PSDFWRIComes v. Microsoft´,RZD7UDGH
Regulation/Corporate Counsel Seminar (September 2002)
 6SHDNHURQ³&RQILGHQWLDOLW\LQ%ORRG%DQNLQJ´EHIRUHWKH$PHULFDQ
Association of Blood Banks 54th Annual M eeting in San Antonio, Texas
(October 2001)

6SHDNHURQ³3UHGDWRU\3ULFLQJ´,RZD7UDGH5HJXODWLRQ&RUSRUDWHCounsel
Seminar (September 2001)

Guest commentator on KCCI TV Channel 8 regarding the 2000 presidential

election controversy

6SHDNHURQ³5HFHQW'HYHORSPHQWVLQ7RUW/DZ´EHIRUHWKH,RZD-XGJHV¶
Conference (November 1999)

6SHDNHURQ³1RQSURILW2UJDQL]DWLRQVDQGWKH$QWLWUXVW/DZV´,RZD7UDGH
Regulation/Corporate Counsel Seminar (September 1999)

6SHDNHURQ³$SSO\LQJDaubert LQ(FRQRPLF/LWLJDWLRQ´,RZD7UDGH
Regulation/Corporate Counsel Seminar (September 1998)

This is not an exclusive list. Generally, these presentations included written

materials.

I also submitted public written comments in M arch 2010 on the proposed revisions
to the Code of Judicial Conduct.

11.    Judicial  Office: State (chronologically) any judicial offices you have held, including
positions as an administrative law judge, whether such position was elected or appointed,
and a description of the jurisdiction of each such court.

I owa Court of Appeals, February 2009 to present

a. Approximately how many cases have you presided over that have gone to verdict
or judgment?
i. Of these, approximately what percent were:
jury trials? __%; bench trials __% [total 100%]
civil proceedings? __%; criminal proceedings? __% [total 100%]

N/A

b. Provide citations for all opinions you have written, including concurrences and
dissents.
I have written approximately 225 opinions, including concurrences and dissents.
They are available on Westlaw by searching the I A-CS database under
³-XGJH0DQVILHOG´³&RQFXU0DQVILHOG´DQG³'LVVHQW0DQVILHOG´

c. For each of the 10 most significant cases over which you presided, provide: (1) a
capsule-summary of the nature the case; (2) the outcome of the case; (3) the name
and contact information for counsel who had a significant role in the trial of the
case; and (3) the citation of the case (if reported) or the docket number and a copy
of the opinion or judgment (if not reported).

N/A

d. For each of the 10 most significant opinions you have written, provide: (1) citations
for those decisions that were published; (2) a copy of those decisions that were
not published; and (3) the names and contact information for the attorneys who
played a significant role in the case.

Capital One Bank (USA), N.A. v. Denboer, 791 N.W.2d 264 (I owa Ct. App. 2010)

Robinson v. I owa Dept. of Human Servs., 2010 WL 2383190 (I owa Ct. App. 2010)

Alcor Life Extension Found. v. Richardson, 785 N.W.2d 717 (I owa Ct. App. 2010)

State v. Little, 2010 WL 786011 (I owa Ct. App. 2010)

State v. Pals, 2010 WL 447322 (I owa Ct. App. 2010)

State v. Wright, 2010 WL 200052 (I owa Ct. App. 2010)

Schade v. Gethmann, 2010 WL 1578634 (I owa Ct. App. 2010)

Walnut Brewery, I nc. v. I owa Dept. of Comm.-Alcoholic Beverages Div., 775

N.W.2d 724 (I owa Ct. App. 2009)

State v. Mablin, 2009 WL 2185552 (I owa Ct. App. 2009)

Evercom Systems, I nc. v. I owa Utilities Bd., 2010 WL 447321 (I owa Ct. App.
2010) (dissenting opinion)

e. Provide a list of all cases in which certiorari was requested or granted.

The Supreme Court has granted further review of the following decisions I
authored:
DeSimone v. State, 2010 WL 2602164 (awaiting decision)
State v. Pals (awaiting decision)
 State v. Hearn, 2010 WL 200824 (awaiting decision)
State v. Ortiz, 2009 WL 5126250 (vacated by SC; different result)
Schaefer v. Schaefer, 2009 WL 4116197 (awaiting decision)
State v. Adams, 2009 WL 3337603 (awaiting decision)
Marriage of Howell, 2009 WL 29522043 (vacated in part by SC; different result)
State v. Hennings, 2009 WL 2960616 (vacated by SC; no change in result)
State v. Marin, 2009 WL 1066776 (vacated in part by SC; no change in result)

Additionally, the Supreme Court granted further review and issued an opinion
consistent with my dissent or concurrence in the following cases:
Green v. Wilderness Ridge, LLC, 2009 WL 1492579
State v. Barnes, 2009 WL 1219210
I n re Young, 2009 WL 2184829

Applications for further review are probably pending in several other cases where I
authored the Court of Appeals decision; I do not have a record of these.

f. Provide a brief summary of and citations for all of your opinions where your
decisions were reversed by a reviewing court or where your judgment was
affirmed with significant criticism of your substantive or procedural rulings. If
any of the opinions listed were not officially reported, provide copies of the
opinions.

See answer to e above.

g. Provide a description of the number and percentage of your decisions in which you
issued an unpublished opinion and the manner in which those unpublished
opinions are filed and/or stored

All opinions, both published and unpublished, are available on Westlaw.

h. Provide citations for significant opinions on federal or state constitutional issues,

together with the citation to appellate court rulings on such opinions. If any of the
opinions listed were not officially reported, provide copies of the opinions

See Pals and Young above.

i. Provide citations to all cases in which you sat by designation on a federal court of
appeals, including a brief summary of any opinions you authored, whether
majority, dissenting, or concurring, and any dissenting opinions you joined.

N/A

12.     RecusaI: If you are or have been a judge, identify the basis by which you have
assessed the necessity or propriety of recusal (If your court employs an "automatic
recusal system by which you may be recused without your knowledge, please include a
general description of that system.) Provide a list of any cases, motions or matters that
have come before you in which a litigant or party has requested that you recuse yourself
due to an asserted conflict of interest or in which you have recused yourself sua sponte.
Identify each such case, and for each provide the following information:

a. whether your recusal was requested by a motion or other suggestion by a litigant or

a party to the proceeding or by any other person or interested party; or if you
recused yourself sua sponte;
b. a brief description of the asserted conflict of interest or other ground for recusal;
c. the procedure you followed in determining whether or not to recuse yourself;
d. your reason for recusing or declining to recuse yourself, including any action taken
to remove the real, apparent or asserted conflict of interest or to cure any other
ground for recusal.

No one has filed a motion requesting that I disqualify myself. I follow the standards
set forth in I owa Rule 51:2.11 regarding disqualification. Generally, on our court,
cases where I would be subject to disqualification (e.g., cases handled by my former
law firm) are screened out by our staff before they get to me. I n addition, I had to
disqualify myself in a very small number of cases that got through this screening
process. The recusals were for various reasons, e.g.: a member of my former firm
had served as a mediator (although this was not apparent from the record); a party
was a personal friend of my wife; I had been contacted briefly on the matter
(although never retained) while in private practice.

13.    Public  Office,  Political  Activities  and  Affiliations:

a. List chronologically any public offices you have held, other than judicial offices,
including the terms of service and whether such positions were elected or
appointed. If appointed, please include the name of the individual who appointed
you. Also, state chronologically any unsuccessful candidacies you have had for
elective office or unsuccessful nominations for appointed office.

None.

b. List all memberships and offices held in and services rendered, whether
compensated or not, to any political party or election committee. If you have ever
held a position or played a role in a political campaign, identify the particulars of
the campaign, including the candidate, dates of the campaign, your title and
responsibilities.

, KDG VPDOO UROHV LQ VRPH 5HSXEOLFDQ FDPSDLJQV LQ WKH ¶V LQFOXGLQJ a
congressional campaign in 1986 in Arizona. I was a Republican precinct
FRPPLWWHHSHUVRQLQWKHODWH¶VI have not been active in politics in the last
20 years.

14.    Legal  Career: Answer each part separately.

 a. Describe chronologically your law practice and legal experience after graduation
from law school including:
i. whether you served as clerk to a judge, and if so, the name of the judge, the
court and the dates of the period you were a clerk;
ii. whether you practiced alone, and if so, the addresses and dates;
iii the dates, names and addresses of law firms or offices, companies, or
governmental agencies with which you have been affiliated, and the nature of
your affiliation with each.
iv. whether you served as a mediator or arbitrator in alternative dispute resolution
proceedings and, if so, a description of the 10 most significant matters with
which you were involved in that capacity.

See answer to 3 above. I have not served as a mediator or arbitrator in the

last 15 years. I n Arizona, which has a provision for experienced attorneys to
act as arbitrators in certain civil matters, I did act as an arbitrator on several
occasions.

b. Describe:
i. the general character of your law practice and indicate by date when its
character has changed over the years.
ii. your typical clients and the areas at each period of your legal career, if
any, in which you have specialized.
c. Describe the percentage of your practice that has been in litigation and whether
you appeared in court frequently, occasionally, or not at all. If the frequency of
your appearances in court varied, describe such variance, providing dates
i. Indicate the percentage of your practice in:
1. federal courts: __%
2. state courts of record: __%
3. other courts: __%
4. administrative agencies: __%
ii. Indicate the percentage of your practice in:
1. civil proceedings: __%
2. criminal proceedings: __%
d. State the number of cases in courts of record, including cases before administrative
law judges, you tried to verdict, judgment or final decision (rather than settled),
indicating whether you were sole counsel, chief counsel, or associate counsel.
i. What percentage of these trials were:
1. jury: __%
2. non-jury: __%

Before becoming a judge, I had a general litigation practice and did not
specialize in any par ticular ar ea. I ar gued over 40 appeals,
appr oximately 28 of which r esulted in published opinions.

I t would be difficult for me to describe a typical client. I represented individuals (in

both civil and criminal matters), small businesses, large businesses, and nonprofit
organizations. I appeared in court regularly, approximately half the time in federal
court and half in state courts of record.
M ost of my litigation was civil. I handled some criminal and administrative
matters, but they represented less than 20% of my practice.

I n my last ten years of private practice, I tried approximately ten cases and
contested matters to verdict ± four as sole counsel, two as chief counsel, and
four as associate counsel. Additionally, during that time, I handled
numer ous contested matter s other than tr ials to a ver dict (e.g.,
preliminary injunctions). Five of those trials were jury trials (including two cases
where I was sole counsel), two nonjury, and three contested administrative
proceedings.

e. Describe your practice, if any, before the Supreme Court of the United States.
Supply copies of any briefs, amicus or otherwise, and, if applicable, any oral
argument transcripts before the Supreme Court in connection with your practice.

I have submitted briefs to the U.S. Supreme Court on several occasions, but have
never argued a case there.

15.     Litigation: Describe the ten (10) most significant litigated matters which you
personally handled, whether or not you were the attorney of record. Give the citations, if
the cases were reported, and the docket number and date if unreported. Give a capsule
summary of the substance of each case. Identify the party or parties whom you
represented; describe in detail the nature of your participation in the litigation and the
final disposition of the case. Also state as to each case:
a. the date of representation;
b. the name of the court and the name of the judge or judges before whom the case
was litigated; and
c. the individual name, addresses, and telephone numbers of co-counsel and of
principal counsel for each of the other parties.

I n re TMJ I mplants Products Liability Litigation, 872 F.Supp. 1019 (D. M inn.
1995), DII¶G, 97 F.3d 1050 (8th Cir. 1996) (products liability case) (discussed
in detail in my application to the I owa State Judicial Nominating
Commission)

United States v. Lester, 85 F.3d 1409 (9th Cir. 1996) (forfeiture case)
(discussed in detail in my application to the I owa State Judicial Nominating
Commission)

Midwest Oilseeds, I nc. v. Limagrain Genetics Corp., 231 F.Supp.2d 942 (S.D.
I owa 2002), DII¶G, 387 F.3d 705 (8th Cir. 2004) (contract case) (discussed in
detail in my application to the I owa State Judicial Nominating Commission)

GST Tucson Lightwave, I nc. v. Brooks Fiber Properties, I nc., 992 F.Supp. 1124
(D. Ariz. 1997) SODLQWLII¶VDQWLWUXVWFDVH
 Brown v. North Central FS, I nc., 2002 WL 31756763 (I owa App. 2002) (farm
contract case, including unreported proceedings below)

Michigan Pork Producers Assn., I nc. v. Campaign for Family Farms, 174
F.Supp.2d 637 (W.D. M ich. 2001), 229 F.Supp.2d 772 (W.D. M ich. 2002), 348
F.3d 157 (6th Cir. 2003), 544 U.S. 1058 (2005) (pork checkoff litigation)

Farm Credit Services of America v. American State Bank, 212 F.Supp.2d 1034
(N.D. I owa 2002), DII¶G, 339 F.3d 764 (8th Cir. 2003) (banking case)

Allied Mut. I ns. Co. v. Heiken, 675 N.W.2d 820 (I owa 2004) (insurance
coverage case)

Kaydon Acquisition Corp. V v. Custum Manufacturing, I nc., 317 F.Supp.2d

896 (N.D. I owa 2004) (I subsequenWO\ WULHG WKLV FDVH WR D SODLQWLII¶V MXU\
verdict)

Kemin Foods, L.C. v. OmniActive Health Technologies, I nc., 654 F.Supp.2d

1328 & 2009 WL 3157670 (M .D. Fla. 2009) (patent infringement case) (I
acted as lead counsel in this patent infringement case and was responsible for
the depositions, hearings, and briefing on claim construction, summary
judgment, and jurisdiction; however, the court did not hold its claim
construction hearing or decide these matters until after I joined the bench)

16.     Legal   Activities: Describe the most significant legal activities you have pursued,
including significant litigation which did not progress to trial or legal matters that did not
involve litigation. Describe fully the nature of your participation in these activities. List
any client(s) or organization(s) for whom you performed lobbying activities and describe
the lobbying activities you performed on behalf of such client(s) or organizations(s).
(Note: As to any facts requested in this question, please omit any information protected
by the attorney-client privilege.)

M y largest body of non-OLWLJDWLRQZRUNZDVP\ UHSUHVHQWDWLRQRI$PHULFD¶V%ORRG

Centers (ABC, www.americasblood.org  $%& LV WKH QDWLRQ¶V IHGHUDWLRQ RI
independent nonprofit blood centers and is responsible for approximately half the
QDWLRQ¶V EORRG VXSSO\  $%&¶V PHPEHUV LQFOXGH WKH %ORRG &HQWHU RI ,RZD DQG
0LVVLVVLSSL9DOOH\5HJLRQDO%ORRG&HQWHU,VHUYHGDV$%&¶VJHQHUDOFRXQVHOIURP
approximately 1997 until becoming a judge in 2009. I also provided legal services to
$%&¶V DIILOLDWHG JURXS SXUFKDVLQJ RUJDQL]DWLRQ *6$%& &RRSHUDWLYH $VVRFLDWLRQ
(www.gsabc.com). I appeared on $%&¶V EHKDOI LQ D YDULHW\ RI VHWWLQJV LQFOXGLQJ
before the FDA and other agencies.

17.     Teaching: What courses have you taught? For each course, state the title, the
institution at which you taught the course, the years in which you taught the course, and
describe briefly the subject matter of the course and the major topics taught. Please
provide copies of a syllabus of each course.
I have taught the following regular courses at Drake Law School:

Election Law ± Fall 1997

Election Law ± Fall 1999
Election Law ± Fall 2001 (co-taught with Charlie Smithson)
Election Law ± Fall 2003 (co-taught with Charlie Smithson)
Election Law ± Fall 2005 (co-taught with Charlie Smithson)
Election Law ± Fall 2007 (co-taught with Charlie Smithson)
Contracts ± Full Year 2008-09
Election Law ± Fall 2009 (co-taught with Charlie Smithson)
Civil Procedure ± Full Year 2010-11

I can provide syllabi for the more recent of these classes.

18.     Outside   Commitments   During   Court   Service: Do you have any plans,
commitments, or agreements to pursue outside employment, with or without
compensation, during your service with the court? If so, explain.

M y current plan is to finish teaching the Civil Procedure course described above.

19.    Potential  Conflicts  of  Interest:

a. Identify the family members or other persons, parties, categories of litigation, and
financial arrangements that are likely to present potential conflicts-of-interest
when you first assume the position to which you have been nominated. Explain
how you would address any such conflict if it were to arise.
b. Explain how you will resolve any potential conflict of interest, including the
procedure you will follow in determining these areas of concern

I take potential conflicts of interest very seriously, and will continue to adhere to
I owa Rule 51:2.11. I plan to continue disqualifying myself from cases involving my
former firm for the foreseeable future. I t is not possible to list all possible grounds
for disqualification that could arise, but I will rigorously adhere to the rule.

20.     Pro   Bono   Work: An ethical consideration under Canon 2 of the American Bar
Association's Code of Professional Responsibility calls for "every lawyer, regardless of
professional prominence or professional workload, to find some time to participate in
serving the disadvantaged." Describe what you have done to fulfill these responsibilities,
listing specific instances and the amount of time devoted to each.

I have had a special interest in pro bono work dating back to law school, when I
became involved in a clinic representing persons with mental disabilities.

Some examples of my specific pro bono work include:

x I was asked by a public school teacher in Phoenix in the mid-¶VWRKDQGOH

a case involving racial profiling (an African-American driver who was
ticketed in a white neighbRUKRRG IRU ³H[FHVVLYH VPRNH´ IURP KLV YHKLFOH
After two hearings, I was able to get the conviction reversed.
 x , KDQGOHG QXPHURXV OLWLJDWLRQ PDWWHUV LQ WKH ¶V DQG ¶V LQ 3KRHQL[
for indigent Hispanic and Native American families.
x I have been on the Board of Directors of Goodwill I ndustries of Central I owa
since 1997. Until I became a judge, I provided pro bono legal services to the
organization. These included lease negotiation (Goodwill operates 15 retail
stores) and handling of litigation matters not covered by insurance. I never
charged Goodwill anything for my services. Similarly, when I was on the
Board of Directors of Goodwill I ndustries of Central Arizona from 1990 to
1996, I provided free legal services to that organization.
x Additionally, ZKLOH RQ WKH %RDUG RI 'LUHFWRUV RI 0RQWHVVRUL &KLOGUHQ¶V
House from 2005 to 2008, I provided pro bono legal services to that
organization. Again, these included both litigation and non-litigation
matters. I never charged M ontessori anything for my services.
x While at the Belin firm, I also volunteered for an intake shift several times a
year at I owa Legal Aid.
x I have been appointed by the Ninth Circuit on several occasions to handle
civil appeals for free for indigent persons. I n addition to the Lester case
described above, see Freeman v. Arpaio, 125 F.3d 732 (9th Cir. 1997), a case
involving the religious rights of incarcerated M uslims.

21.    Selection  Process:

a. Other than interviews, please provide the dates and a summary of any
conversation(s) you may have had concerning this vacancy with:
i. members of the judicial nominating commission or persons acting on their
behalf;
LLPHPEHUVRIWKH*RYHUQRU¶VVWDIIRUSHUVRQVDFWLQJRQWKHLUEHKDOI

I have had interviews with most members of the Commission. Also, because I ran
into them at certain public occasions, I have had additional brief, non-substantive
FRQYHUVDWLRQV ZLWK D IHZ PHPEHUV RI WKH &RPPLVVLRQ DQG WKH *RYHUQRU¶V VWDII,
essentially just acknowledging that I am an applicant.

b. Has anyone involved in the process of selecting you as a judicial nominee

discussed with you any currently pending case in a manner that could reasonably
be interpreted as seeking any express or implied assurances concerning your
position on such case? If so, explain fully.

No.

22.     Criminal   History: Have you ever been charged with any misdemeanor or felony
other than a minor traffic offense? If so, please describe fully.

No.

23.    Income  Taxes:

a. Have you (and your spouse if married, filing jointly) filed all required federal,
state, local, and foreign income tax returns? If the answer is no, please explain
why. Yes.
 b. Have you (or your spouse, if married, filing jointly) ever filed a late tax return
without a valid extension? If so, describe the circumstances and resolution of the
matter. No.
c. Have you ever paid any tax penalties? If so, describe the circumstances and the
resolution of the matter. On two occasions that I recall, I have had to pay a
small amount of penalties with my tax return for underpayment of estimated
taxes.
d. Has a tax lien or other collection procedure ever been instituted against you or
your spouse by federal, state, or local authorities? If so, describe the
circumstances and resolution of the matter. No.
e. Have you ever been or do you expect to be the subject of any tax, financial, or
other audit or inquiry? If so, please describe. No.

24.    Financial  Information:  

a. Have you ever filed a personal petition in bankruptcy or has a petition in
bankruptcy been filed against you? No.
b. Have you ever owned more than 25% of the issued and outstanding shares or acted
as an officer or director of any corporation by which or against which a petition in
bankruptcy has been filed? No.
c. Have you ever been a party to a lawsuit? Yes.

In 1993, my law firm (Lewis and Roca) was sued by Nancy and Charles Linder in the
M aricopa County Superior Court, Arizona. I had not been involved in the
representation and was named as a defendant only because I was a partner in the firm
and all partners were named as defendants. The court dismissed the plaintiffs'
claims as without merit.

Additionally, in 1990, I filed a lawsuit against a contract vehicle carrier in the

M aricopa County Superior Court of Arizona for damages that occurred to my late
PRWKHU¶V6XEDUXZKLOHLWZDVEHLQJWUDQVSRUWHGIURP0DVVDFKXVHWWVWR$UL]RQD,
agreed to settle the lawsuit in return for receiving most of the requested
compensation.

d. List the sources, amounts and dates of all anticipated receipts from deferred
income arrangements, stock, options, uncompleted contracts and other future
benefits which you expect to derive from previous business relationships,
professional services, firm memberships, former employers, clients or customers.
Describe the arrangements you have made to be compensated in the future for any
financial or business interest. I have no such compensation arrangements.

25.     Competency   Information: If the answer to questions (b), (c), (d), or (e) is yes,
please provide a complete explanation, including the nature, history, and treatment of any
such behavior/
a. Do you currently possess the physical and mental ability to perform the essential
functions of a judge, with or without a reasonable accommodation? Yes.
b. Are you currently using illegal drugs, or do you habitually use illegal drugs on a
recreational basis or otherwise? No.
 c. Do you frequently fail to take any lawful medications which enable you to perform
the essential functions of a judge? No.
d. Do you typically consume alcoholic beverages to such an extent that your ability
to perform the essential functions of a judge is impaired? No.
e. Are you a compulsive gambler, or have you ever been diagnosed or received
treatment, therapy, or counseling for compulsive gambling? No.

26.    Judicial  Ideology: Answer each part separately.

Despite the care with which these questions have been drafted, I am concerned that
answering them in this questionnaire could impede my ability to perform my duties
as a Supreme Court Justice if I were fortunate enough to be selected. And, if I were
not selected, my ability to do my current job on the Court of Appeals could be
affected. I do not quarrel with the decisions of others to answer these questions in
detail; this is my choice and my approach to Canons 2 and 4.

M any of the questions are based on quotations from court decisions that have been
the subject of recent public debate. I believe critical examination of judicial
decisions, including my own, is a healthy thing in our state. For example, in my
election law class, we spend considerable time on Buckley v. Valeo, which is quoted
in b.xix. As students in that class well know, I have encouraged them to think
closely about some of WKH UHDVRQLQJ LQ WKH 6XSUHPH &RXUW¶V SHU FXULDP RSLQLRn.
But to take a formal position on a key proposition of that opinion could, arguably,
lead someone to conclude in the future that I am not able to judge campaign finance
cases with the necessary open mind.

Even the more open-ended questions below pose similar issues. For example, a.viii
asks about the meaning of the Privileges and I mmunities Clause. I am aware that in
the Slaughter-House Cases (1873), the U.S. Supreme Court decided that clause had a
IDLUO\ OLPLWHG VFRSH  7KH 86 6XSUHPH &RXUW¶V LQWHUpretation of that clause is
binding on me as a lower court judge. But I am also aware of another
interpretation of that clause, advanced for example by Justice Thomas in the recent
McDonald case LQYROYLQJ &KLFDJR¶V KDQGJXQ EDQ. By committing to one
interpretation or the other in a questionnaire response, I could be seen as
prejudgLQJDFDVHZKHUHJXQRZQHUV¶ULJKWVZHUH at issue.

For those who are interested in my approach to judging, I would encourage them to
review the appellate opinions I have written. Although I have considered relatively
few constitutional cases as a Court of Appeals judge, I have authored many opinions
on statutory and common law interpretation. I n the 225 or so opinions that I have
written, I hope there is more than enough material for anyone in the public to draw
their own conclusions.

a. Please describe your theory of constitutional interpretation.

i. ([SODLQWKHLGHDVRID³OLYLQJFRQVWLWXWLRQ´DQG³RULJLQDOLVP´DQGZKLFKRQH
best depicts your judicial philosophy.
 ii. Explain what role, if any, evolving societal standards play a role in
interpreting the constitution.
iii. Explain if there is there a penumbra of unenumerated rights found in either
WKH86 RU ,RZD&RQVWLWXWLRQV,IVRLV WKH³ULJKWWR SULYDF\´LQFOXGHGLQ
that penumbra and how do you define this right? What other rights might be
included as well?
iv. ([SODLQ ZKHWKHU WKH SKUDVH ³VHSDUDWLRQ RI FKXUFK DQG VWDWH´ DGHTXDWHO\
summarize the Establishment Clause of the First Amendment to the U.S.
Constitution.
v. Do you believe that courts should apply a higher standard of scrutiny to laws
WKDWDIIHFW³GLVFUHHWDQGLQVXODUPLQRULWLHV´DQGDORZHUVWDQGDUGRIUHYLHZ
IRU SURSHUW\ ULJKWV"  ,I VR SOHDVH H[SODLQ ZK\ DQG GHILQH ZKDW D ³GLVFUHHW
DQGLQVXODUPLQRULW\´LV
vi. Explain whether the 9th Amendment of the U.S. Constitution or Section 25
of Article 1 of the Iowa Constitution confer unenumerated rights and/or
create a zone of privacy.
vii. ([SODLQ ZKHWKHU WKHUH LV WKHUH VXFK D WKLQJ DV ³VXEVWDQWLYH GXH SURFHVV´
under either the Iowa Constitution or the 5th and/or 14th Amendments to the
U.S. Constitution.
viii. What is the meaning of the Privileges or Immunities Clause of the 14th
Amendment?
b. Please describe whether you agree with the following statements. This is not a
result-based litmus test, but rather an attempt to flush out your judicial
philosophy. By analyzing broad statements of constitutional jurisprudence
without application to specific facts, there is no danger that by answering these
questions you may prejudge a case that may come before you.
i. ³&LWL]HQV¶ULJKWVDUH>QRW@FRQVWUDLQHGWRWKRVHSUHYLRXVO\UHFRJQL]HG´
ii. ³7KH FUDIWLQJ DQG VDIHJXDUGLQJ RI SXEOLF PRUDOLW\«LQGLVSXWDEO\ LV D
OHJLWLPDWHJRYHUQPHQWLQWHUHVWHGXQGHUUDWLRQDOEDVLVVFUXWLQ\´
iii. ³2XU UHVSRQVLELOLW\ KRZHYHU LV WR Srotect constitutional rights of
individuals from legislative enactments that have denied those rights, even
when the rights have not yet been broadly accepted, were at one time
unimagined, or challenged a deeply ingrained practice of law viewed to be
imperYLRXVWRWKHSDVVDJHRIWLPH´
iv. ³7KH IRUFHG LQFOXVLRQ RI DQ XQZDQWHG SHUVRQ LQ D JURXS LQIULQJHV WKH
JURXS¶V IUHHGRP RI H[SUHVVLYH DVVRFLDWLRQ LI WKH SUHVHQFH RI WKDW SHUVRQ
DIIHFWVLQDVLJQLILFDQWZD\WKHJURXS¶VDELOLW\WRDGYRFDWHSXEOLFRUSULYDWH
viewSRLQWV´
v. ³7KHLPSOLFDWLRQ«LVWKDWZKLOHZHZLOOJHQHUDOO\DSSO\WKHVDPHDQDO\VLVWR
federal and state equal protection claims, this court has not foreclosed the
possibility that there may be situations where differences in the scope,
import, or purpose of WKHWZRSURYLVLRQVZDUUDQWGLYHUJHQWDQDO\VHV´
vi. ³7LPHVFDQEOLQGXVWRFHUWDLQWUXWKVDQGODWHUJHQHUDWLRQVFDQVHHWKDWODZV
once thought necessary and proper in fact serve only to oppress and as our
constitution endures, persons in every generation can invoke its principles in
WKHLURZQVHDUFKIRUJUHDWHUIUHHGRPDQGHTXDOLW\´
vii. ³>7@KH YLHZV RI WKH LQWHUQDWLRQDO FRPPXQLW\ >LV UHOHYDQW@ LQ GHWHUPLQLQJ
ZKHWKHUDSXQLVKPHQWLVFUXHODQGXQXVXDO´
viii. ³7KH 'XH 3URFHVV &ODXVH JXDUDQWHHV PRUH WKDQ IDLU SURFHVV DQG the
µOLEHUW\¶ LW SURWHFWV LQFOXGHV PRUH WKDQ WKH DEVHQFH RI SK\VLFDO UHVWUDLQW
«The Clause also provides heightened protection against government
LQWHUIHUHQFHZLWKFHUWDLQIXQGDPHQWDOULJKWVDQGOLEHUW\LQWHUHVWV´
ix. ³(TXDOSURWHFWLRQFDQRQO\EHGHILQHGE\WKHVWDQGDUGVRIHDFKJHQHUDWLRQ´
x. ³,WLVQRZZHOOHVWDEOLVKHGWKDWWKH)LUVW$PHQGPHQWVKLHOGVWKHULJKWRID
group to engage inexpressive association by limiting membership to persons
ZKRVHDGPLVVLRQGRHVQRWVLJQLILFDQWO\LQWHUIHUHZLWKWKHJURXS¶VDbility to
FRQYH\LWVYLHZV´
xi. ³¶(TXDO3URWHFWLRQ&ODXVHORRNVIRUZDUGVHUYLQJWRLQYDOLGDWHSUDFWLFHVWKDW
were widespread at the time of its ratification and that were expected to
HQGXUH¶
xii. ³7KH SURKLELWLRQ«OLNH RWKHU H[SDQVLYH ODQJXDJH LQ WKH &RQVWLWXWLRQ, must
EH LQWHUSUHWHG >E\@ WKH QHFHVVLW\ RI UHIHUULQJ WR µWKH HYROYLQJ VWDQGDUGV RI
GHFHQF\WKDWPDUNWKHSURJUHVVRIDPDWXULQJVRFLHW\¶´
xiii. ³&ODVVLILFDWLRQ SHUVLVWV XQWLO D QHZ XQGHUVWDQGLQJ RI HTXDO SURWHFWLRQ LV
achieved. The point in time when the standard of equal protection finally
takes a new form is a product of the conviction of one, or many, individuals
that a particular grouping results in inequality and the ability of the judicial
system to perform its constitutional role free from the influences that tend to
PDNHVRFLHW\¶VXQGHUVWDQGLQJRIHTXDOSURWHFWLRQUHVLVWDQWWRFKDQJH´
xiv. ³>8QGHU WKH (VWDEOLVKPHQW &ODXVH@ WKH VWDWXWH PXVW KDYH D VHFXODU
legislative purpose; second, its principal or primary effect must be one that
neither advances nor inhiELWVUHOLJLRQILQDOO\WKHVWDWXWHPXVWQRWIRVWHUµDQ
H[FHVVLYHJRYHUQPHQWHQWDQJOHPHQWZLWKUHOLJLRQ¶
xv. ³2XU ODZ DIIRUGV FRQVWLWXWLRQDO SURWHFWLRQ WR SHUVRQDO GHFLVLRQV UHODWLQJ
WR«PDWWHUV>@ LQYROYLQJ WKH PRVW LQWLPDWH DQG SHUVRQDO FKRLFHV D SHUVRQ
may make in a lifetime, choices central to personal dignity and
DXWRQRP\«$WWKHKHDUWRIOLEHUW\LVWKHULJKWWRGHILQHRQH¶VRZQFRQFHSW
of existence, of meaning, of the universe, and of the mystery of human life.
Beliefs about these matters could not define the attributes of personhood
ZHUHWKH\IRUPHGXQGHUFRPSXOVLRQRIWKH6WDWH³
xvi. ³7KH &RQVWLWXWLRQ OHDYHV WKH 'LVWULFW RI &ROXPELD D YDULHW\ RI WRROV IRU
combating that problem, including some measures regulating
KDQGJXQV«%XW WKH HQVKULQHPHQW RI FRQVWLWXWLRQal rights necessarily takes
certain policy choices off the table. These include the absolute prohibition of
handguns held and used for self-GHIHQVHLQWKHKRPH´
xvii. ³$OWKRXJKQRSUHFLVHIRUPXODKDVEHHQGHYHORSHGWKH&RXUWKDVKHOGWKDW
the Fourteenth Amendment permits the States a wide scope of discretion in
enacting laws which affect some groups of citizens differently than others.
The constitutional safeguard is offended only if the classification rests on
grounds wholly irrelevant to the achievement of tKH6WDWH¶VREMHFWLYH State
legislatures are presumed to have acted within their constitutional power
despite the fact that, in practice, their laws result in some inequality. A
 statutory discrimination will not be set aside if any state of facts reasonably
may be conceived to justify it. ³
xviii. ³7KLV DVD JHQHUDO UXOHVKRXOGFRXQVHO DJDLQVW DWWHPSWVE\WKH6WDWHRUD
court, to define the meaning of [personal] relationship[s] or to set its
boundaries absent injury to a person or abuse of an institution the law
SURWHFWV´
xix. ³>7@KH OLPLWDWLRQV RQ FDQGLGDWH DQG LQGLYLGXDO H[SHQGLWXUHV >DUH@ GLUHFW
UHVWUDLQWV RQ VSHHFK EXW«WKH FRQWULEXWLRQ OLPLWDWLRQV«LPSRVHG RQO\ µD
PDUJLQDO UHVWULFWLRQ XSRQ WKH FRQWULEXWRU¶V DELOLW\ WR HQJDJH LQ IUHH
FRPPXQLFDWLRQ¶´
xx. ³7KH &RQVtitution contemplates that in the end our own judgment will be
brought to bear on the question of the acceptability of the death penalty
XQGHUWKH(LJKWK$PHQGPHQW´
xxi. ³,QDOOHYHQWVZHWKLQNWKDWRXUODZVDQGWUDGLWLRQVLQWKHSDVWKDOIFHQWXU\
are of most relevance here. These references show an emerging awareness
that liberty gives substantial protection to adult persons in deciding how to
FRQGXFW WKHLU SULYDWH OLYHV LQ PDWWHUV SHUWDLQLQJ WR VH[ µ>+@LVWRU\ DQG
tradition are the starting point but not in all cases the ending point of the
VXEVWDQWLYHGXHSURFHVVLQTXLU\¶
xxii. ³/HJLVODWXUHVDUHSHUPLWWHGWROHJLVODWHZLWKUHJDUGWRPRUDOLW\«UDWKHUWKDQ
FRQILQHGWRSUHYHQWLQJGHPRQVWUDEOHKDUPV´
xxiii. ³&RQVWLWXWLRQDOULJKWVDUHHQVKULQHGZLWKWKHVFRSHWKH\ZHUHXQGHrstood to
have when the people adopted them, whether or not future legislatures or
(yes) even future judges think that scope too broad. We would not apply an
µLQWHUHVW-EDODQFLQJ¶ DSSURDFK WR WKH SURKLELWLRQ RI D SHDFHIXO QHR-Nazi
PDUFK WKURXJK 6NRNLH«7KH )irst Amendment contains the freedom-of-
speech guarantee that the people ratified, which included exceptions for
obscenity, libel, and disclosure of state secrets, but not for the expression of
extremely unpopular and wrong-headed views. The Second Amendment is
QRGLIIHUHQW´
xxiv. ³+DG WKRVH ZKR GUHZ DQG UDWLILHG WKH 'XH 3URFHVV &ODXVHV RI WKH )LIWK
Amendment or the Fourteenth Amendment known the components of liberty
in its manifold possibilities, they might have been more specific. They did
not presume to have this insight. They knew times can blind us to certain
truths and later generations can see that laws once thought necessary and
proper in fact serve only to oppress. As the Constitution endures, persons in
every generation can invoke its principles in their own search for greater
IUHHGRP´
xxv. ³6LQFHWKLVFRXUWDSSOLHVWKHVDPHWHVWVDQGIROORZVWKHVDPHDQDO\VLVDVWKH
[United States] Supreme Court in equal protection claims involving
taxation, a conflicting decision by this court within the context of the same
case necessarily means this court finds the Supreme Court decision to be
totally and completely irrational and renders it a nullity, or at least merely
advisory. This unprecedented action by the majority in this case is offensive
to the institutional integrity of our system of justice in this country and is
 disruptive to the essential balance of power between the judicial and
OHJLVODWLYHEUDQFKHVRIJRYHUQPHQWLQWKLVVWDWH´
c. What is the role of courts in society? For instance, recently the Iowa Supreme
&RXUW ZDV SUDLVHG IRU LWV KLVWRU\ RI RIWHQ EHLQJ ³GHFDGHV DKHDG RI WKH 86
6XSUHPH&RXUW´DQGWKH³QRUPVRIWKHLUWLPH´LQUHFRJQL]LQJQHZFRQVWLWXWLRQDO
rights. Please describe if this type of progressive agenda something that judges
should be engaged in.
d. President Obama has stated that empathy is an important quality for judges.
However, U.S. Supreme Court Justice Sonia Sotomayor, in her confirmation
hearing, disavowed the notion. What role, if any, should empathy play in judging?
e. Explain judicial activism and when, if ever, it is justified. Can you give any
examples of judicial activism in Iowa and, if so, do you consider it justified?
f. Please describe what you believe what to be:
i. The best Iowa Supreme Court decision and why.
ii. The worst Iowa Supreme Court decision and why.
iii. The best U.S. Supreme Court decision and why.
iv. The worst U.S. Supreme Court decision and why.
K  :KDW LV \RXU SHUVSHFWLYH RQ ZKHQ LI HYHU D FRXUW VKRXOG RYHUWXUQ LW¶V RZQ
precedent?
i. What pertinence, if any, should international law sources have for constitutional
interpretation?
j. Do you have a theory of statutory interpretation?
i. For instance, U.S. Supreme Court Justice Antonin Scalia discerns legislative
intent by relying exclusively on the statutory text, while U.S. Supreme Court
Justice Stephen Breyer consults relevant legislative history, such as
committee reports. To what extent do you believe legislative history has a
role in statutory interpretation?
ii. Please describe whether you agree with the following statements:
 ³&RXUWV DUH DW WLPHV FDSDEOH RI GHFLGLQJ OHJDO LVVXHV EDVHG RQ SXEOLF
policy. These times, however, occur when the public policy is clear and
DSSDUHQW«2WKHUZLVHSXEOLFSROLF\LVEHVWOHIWWRRXUOHJLVODWLYHEUDQFKRI
government to deFLGHDVUHSUHVHQWDWLYHVRIWKHSHRSOH´
³)XUWKHUPRUHZHVKRXOG QRW GHIHUWR WKHOHJLVODWXUHIRU DVLJQDO IRUXVWR
adopt a legal principle that is the responsibility of the court and within the
power of the court to apply, based on legal precedent, common sense, and
IDLUQHVV´

27.    Additional  Information.

a. State the reasons why you believe you would be a qualified candidate for the
judicial vacancy you are currently seeking.

I am very grateful for the opportunity I have received to serve our state as a
member of the Court of Appeals. The nine members of our court are a truly
diverse yet highly collegial group of individuals. Each day I feel honored that I
get to report to the State Judicial Building and do the business of the people of
I owa. I never forget that they pay my salary.
Being a Court of Appeals judge is demanding and difficult work. Each of us
must be an expert across all areas of I owa law ± from civil law, to criminal law
and procedure, to domestic relations and juvenile law. Each of us has to master
briefs and records at a very fast pace, perform thorough and careful research,
and write over 100 clear and well-reasoned majority opinions a year. We hear
oral arguments nine times a year  :H UHVSRQG WR HDFK RWKHU¶V RSLQLRQV
requesting changes and writing concurrences and dissents when necessary.

The budgetary constraints in the state judicial system have posed challenges. I
never received any training as an appellate judge. I had no law clerk the first six
months that I was on the court. Even now, each of us has only one clerk as
compared to the three or four clerks that federal appellate judges typically have.
Anyone who is appointed to the Supreme Court needs to be prepared to do his
or her own research and writing, to be listening and thinking constantly, and to
defend his or her own positions with persistence and grace.

For over 25 years, I had an enjoyable and successful legal career in private
practice. I argued over 40 appeals. I represented many wonderful clients, from
farmers to co-ops to seed companies to the national council of pork producers. I
published articles, taught law school, took on pro bono matters, gave seminars to
the bar, and served as general counsel for WKHQDWLRQ¶VIHGHUDWLRQRILQGHSHQGHQW
nonprofit blood centers. Having said all that, I believe my service on the Court
of Appeals is the best qualification I have for this position.

b. Have you previously applied for this or any other judicial vacancy? If so, please
state the vacancy applied for and when.
I applied for the Court of Appeals in 1999, 2001, and 2008 (three times). I
applied for the District Court in 2001 and 2003 (three times). M y name was
forwarded to the Governor twice for the Court of Appeals and three times for
the District Court before I was ultimately appointed by the Governor to the
Court of Appeals in January 2009.
c. State any additional information you deem relevant.