mansfield questionnaire

8/7/2019 Mansfield questionnaire

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QUESTIONNAIRES

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

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

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 Iowa Court of Appeals.

1996-February 2009: I was a member of Belin Lamson M cCormickZumbach Flynn, PC (now known as Belin M cCormick, PC), 2000 FinancialCenter, 666 Walnut St., Des Moines, IA 50309 (515-243-7100). In 2006, I served asPresident of the law firm. I left the firm in February 2009 after being appointed bythe Governor to the Iowa 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 leftthe firm in 1996 to move to Iowa with my wife.

1982-83: I was a law clerk to the Honorable Patrick E. Higginbotham, U.S. Court ofAppeals for the Fifth Circuit, U.S. Courthouse, 903 San Jacinto Blvd., Room 400,Austin, TX 78701 (512-916-in Dallas when I clerked for him.) The clerkship was a one-year appointment. I leftto 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 thatfirm after completing my judicial clerkship.

South Hope St., Los Angeles, CA 90071. I received an offer of permanentemployment.

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

1978-79: For a year between college and law school, I worked as a researchassistant for the House Wednesday Group, U.S. House of Representatives,



Washington, DC. I took this one-year position, intending to gain some workexperience on Capitol Hill before entering law school.

1975-77: During summers in college I worked as a computer programmer for theFederal National M ortgage Association, Washington, DC.

Also, during law school I worked as a resident assistant (Yale uses the termlaw 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 academicscholarships during college, whose names I do not recall. In addition, I received theCharles Bonaparte Prize as the outstanding junior majoring in government.

Law School: Yale does not rank students, use grades for law review membership, or the highest grade that Yale awards inover 70% of my graded classes. I was named an Assistant in Instruction (teachingassistant) in my third year because of my academic performance.

Law Practice:

a v rated by Martindale-Hubbell

Best Lawyers in America for Commercial Litigation

Named an Honorary Barrister by Drake Law School for my contributions to theDrake moot court program and demonstration of excellence in the art of advocacy.

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

Received theof 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.



Member, Iowa State Bar AssociationCouncilmember, Trade Regulation Section, Iowa State Bar Association (pastChairperson, 2004-06)Member, Iowa Judges AssociationMember, Polk County Bar AssociationI have been a member of the American Bar Association and the Food and Drug Law

Institute 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.

Iowa, 1996Arizona, 1983Kansas, 1993 (inactive). Because of the expense, I decided to go inactive in Kansasafter joining the Iowa Court of Appeals.Southern and Northern Districts of Iowa, 1996U.S. Court of Appeals for the Eighth Circuit, 1993U.S. Supreme Court, 1998Numerous other federal appellate and district courtsI have never been disciplined for breach of ethics or unprofessional conduct and amnot 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 Member, Goodwill I ndustries of Central I owa, 1997 to present.(Additionally, I served as Chairperson of the Board from January 2003 toDecember 2004.)

Member, Central I owa Harvard Schools Committee, 1997 to present(interview applicants to Harvard and prepare reports).



Church, West Des Moines.

Volunteer Instructor, Junior Great Books Program, Hanawalt ElementarySchool, Des Moines.

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

Board Member and past Chairperson, Goodwill Industries of Central I owaFoundation (I resigned this position upon joining the Court of Appeals)

Member, Central Iowa Advisory Committee, Iowa Legal Aid (I resigned thisposition upon joining the Court of Appeals)

Community Investment Volunteer, United Way of Central IowaMember, Downtown Des Moines KiwanisBoard Member and past Chairperson, Goodwill Industries 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, includingmaterial 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 preparedor 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 asummary 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, thatyou 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 toyou.



I have written two published law review articles that are available on Westlaw:

Edward M. Mansfield, Reflections on Current Limits on Component and RawMaterial Supplier Liability and the Proposed Third Restatement, 84 Ky.L.J. 221

(1996).

Edward M. Mansfield, Textualism Gone Astray: A Reply to Norris, Davison, andMay on Hedge to Arrive Contracts, 47 Drake L. Rev. 745 (1999).

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

(4th ed. 2009)

Co-Author with W. Charles Smithson,

Money, Politics, and CampaignFinance Reform Law in State Politics (Carolina Academic Press 2002)

Co-ished in (3rded. 2002)

-Litigation Magazine, publishedby the American Bar Association (Summer 1999)

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

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

Speaker on -on and CorporateCounsel Seminar (September 2010)

Speaker on

Speaker on D Summer Seminar, Okoboji (July 2010)

Speaker on Association of Blood Banks Annual Meeting (April 2010)



Speaker on Annual CLE (October 2009)

Speaker on AABB (September 2009)

Speaker on Regulation/Corporate Counsel Seminar (September 2009)

Speaker on ssociation and IowaMagistrates Conferences (June 2009)

Speaker on (June 2009)

Speaker on

Counsel Seminar (September 2008)



Speaker on the 40th Anniversary of the Voting Rights Act at the IowaDiversity Conference in Ames and at Drake Law School (September andOctober 2005)

Speaker on Regulation/Corporate Counsel Seminar (September 2005) (also Chair of thatseminar)

Speaker on at the Food and Drug

Speaker on Seminar (September 2004)

Speaker before the American Association of Blood Banks 56th AnnualMeeting in San Diego, California (November 2003)

Seminar (September 2003)

Comes v. Microsoft Regulation/Corporate Counsel Seminar (September 2002)



Association of Blood Banks 54th Annual M eeting in San Antonio, Texas(October 2001)

CounselSeminar (September 2001)

Guest commentator on KCCI TV Channel 8 regarding the 2000 presidentialelection controversy

Conference (November 1999)

Regulation/Corporate Counsel Seminar (September 1999)

Daubert Regulation/Corporate Counsel Seminar (September 1998)

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

I also submitted public written comments in March 2010 on the proposed revisionsto 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.

Iowa 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 anddissents.



I have written approximately 225 opinions, including concurrences and dissents.They are available on Westlaw by searching the IA-CS database under

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 nameand contact information for counsel who had a significant role in the trial of thecase; 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 werenot 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 (Iowa Ct. App. 2010)

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

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

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

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

Walnut Brewery, Inc. v. Iowa Dept. of Comm.-Alcoholic Beverages Div ., 775N.W.2d 724 (Iowa Ct. App. 2009)

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

Evercom Systems, I nc. v. Iowa Utilities Bd ., 2010 WL 447321 (Iowa 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 Iauthored: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 opinionconsistent with my dissent or concurrence in the following cases:Green v. Wilderness Ridge, LLC , 2009 WL 1492579State v. Barnes , 2009 WL 1219210In 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 unpublishedopinions 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

SeePals 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 haveassessed the necessity or propriety of recusal (If your court employs an "automatic



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 withwhich you were involved in that capacity.

See answer to 3 above. I have not served as a mediator or arbitrator in thelast 15 years. In Arizona, which has a provision for experienced attorneys toact as arbitrators in certain civil matters, I did act as an arbitrator on severaloccasions.

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 notspecialize in any particular area. I ar gued over 40 appeals,approximately 28 of which resulted in publ ished opinions.

I t would be difficult for me to describe a typical client. I represented individuals (inboth civil and criminal matters), small businesses, large businesses, and nonprofitorganizations. I appeared in court regularly, approximately half the time in federalcourt and half in state courts of record.



Most of my litigation was civil. I handled some criminal and administrativematters, but they represented less than 20% of my practice.

I n my last ten years of private practice, I tr ied approximately ten cases andcontested matters to verdict four as sole counsel, two as chief counsel, and

four as associate counsel. Additionally, during that time, I handlednumerous contested matters other than trials to a verdict (e.g.,preliminary injunctions). Five of those trials were jury trials (including two caseswhere I was sole counsel), two nonjury, and three contested administrativeproceedings.

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 thefinal 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 casewas litigated; and

c. the individual name, addresses, and telephone numbers of co-counsel and of principal counsel for each of the other parties.

In re TMJ Implants Products Liability Litigation , 872 F.Supp. 1019 (D. M inn.1995), , 97 F.3d 1050 (8th Cir. 1996) (products liability case) (discussedin detail in my application to the Iowa State Judicial NominatingCommission)

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

Commission)

Midwest Oilseeds, Inc. v. Limagrain Genetics Corp., 231 F.Supp.2d 942 (S.D.Iowa 2002), , 387 F.3d 705 (8th Cir. 2004) (contract case) (discussed indetail in my application to the Iowa State Judicial Nominating Commission)

GST Tucson Lightwave, I nc. v. Brooks Fiber Properties, I nc., 992 F.Supp. 1124(D. Ariz. 1997)



Brown v. North Central FS, Inc ., 2002 WL 31756763 (Iowa App. 2002) (farmcontract case, including unreported proceedings below)

Michigan Pork Producers Assn., Inc. v. Campaign for Family Farms , 174F.Supp.2d 637 (W.D. M ich. 2001), 229 F.Supp.2d 772 (W.D. M ich. 2002), 348F.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. Iowa 2002), , 339 F.3d 764 (8th Cir. 2003) (banking case)

Allied Mut. Ins. Co. v. Heiken, 675 N.W.2d 820 (Iowa 2004) (insurancecoverage case)

Kaydon Acquisition Corp. V v. Custum Manufacturing, I nc., 317 F.Supp.2d896 (N.D. Iowa 2004) (I subsequen verdict)

Kemin Foods, L.C. v. OmniActive Health Technologies, I nc ., 654 F.Supp.2d1328 & 2009 WL 3157670 (M.D. Fla. 2009) (patent infringement case) (Iacted as lead counsel in this patent infringement case and was responsible forthe depositions, hearings, and briefing on claim construction, summaryjudgment, and jurisdiction; however, the court did not hold its claimconstruction 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 notinvolve 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 describethe 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.)

My largest body of non-Centers (ABC, www.americasblood.org independent nonprofit blood centers and is responsible for approximately half the approximately 1997 until becoming a judge in 2009. I also provided legal services to

(www.gsabc.com). I appeared on 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, anddescribe briefly the subject matter of the course and the major topics taught. Please

provide copies of a syllabus of each course.

http://www.americasblood.org/


http://www.gsabc.com/







I have taught the following regular courses at Drake Law School:

Election Law Fall 1997Election Law Fall 1999Election 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 2008-09Election 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.

My 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. Explainhow 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 toIowa Rule 51:2.11. I plan to continue disqualifying myself from cases involving myformer firm for the foreseeable future. I t is not possible to list all possible groundsfor 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 Ibecame involved in a clinic representing persons with mental disabilities.

Some examples of my specific pro bono work include:

I was asked by a public school teacher in Phoenix in the mid-a case involving racial profiling (an African-American driver who wasticketed in a white neighb After two hearings, I was able to get the conviction reversed.



for indigent Hispanic and Native American families.

I have been on the Board of Directors of Goodwill Industries of Central I owasince 1997. Until I became a judge, I provided pro bono legal services to theorganization. These included lease negotiation (Goodwill operates 15 retailstores) and handling of litigation matters not covered by insurance. I never

charged Goodwill anything for my services. Similar ly, when I was on theBoard of Directors of Goodwill Industries of Central Arizona from 1990 to1996, I provided free legal services to that organization.

Additionally, House from 2005 to 2008, I provided pro bono legal services to thatorganization. Again, these included both litigation and non-litigationmatters. I never charged Montessori anything for my services.

While at the Belin firm, I also volunteered for an intake shift several times ayear at Iowa Legal Aid.

I have been appointed by the Ninth Circuit on several occasions to handlecivil appeals for free for indigent persons. In addition to the Lester casedescribed above, seeFreeman v. Arpaio , 125 F.3d 732 (9th Cir. 1997), a case

involving the religious rights of incarcerated Muslims.

21. Selection Process:

a. Other than interviews, please provide the dates and a summary of anyconversation(s) you may have had concerning this vacancy with:

i. members of the judicial nominating commission or persons acting on their

behalf;

I have had interviews with most members of the Commission. Also, because I raninto them at certain public occasions, I have had additional brief, non-substantive

,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 explainwhy. 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 estimatedtaxes.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 actedas 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 theMaricopa County Superior Court, Arizona. I had not been involved in therepresentation and was named as a defendant only because I was a partner in the firmand 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 theMaricopa County Superior Court of Arizona for damages that occurred to my lateagreed to settle the lawsuit in return for receiving most of the requestedcompensation.

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 thatanswering them in this questionnaire could impede my ability to perform my dutiesas a Supreme Court Justice if I were fortunate enough to be selected. And, if I werenot selected, my ability to do my current job on the Court of Appeals could beaffected. I do not quarrel with the decisions of others to answer these questions indetail; this is my choice and my approach to Canons 2 and 4.

Many of the questions are based on quotations from court decisions that have beenthe subject of recent public debate. I believe critical examination of judicialdecisions, including my own, is a healthy thing in our state. For example, in myelection law class, we spend considerable time on Buckley v. Valeo , which is quotedin b.xix. As students in that class well know, I have encouraged them to thinkclosely about some of n.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 financecases with the necessary open mind.

Even the more open-ended questions below pose similar issues. For example, a.viiiasks about the meaning of the Privileges and Immunities Clause. I am aware that intheSlaughter-House Cases (1873), the U.S. Supreme Court decided that clause had a pretation of that clause isbinding on me as a lower court judge. But I am also aware of anotherinterpretation of that clause, advanced for example by Justice Thomas in the recentMcDonald case . By committing to oneinterpretation or the other in a questionnaire response, I could be seen asprejudg at issue.

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

a. Please describe your theory of constitutional interpretation.

i. 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

that penumbra and how do you define this right? What other rights might be

included as well?iv. 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

vi. Explain whether the 9th

Amendment of the U.S. Constitution or Section 25of Article 1 of the Iowa Constitution confer unenumerated rights and/or

create a zone of privacy.

vii. under either the Iowa Constitution or the 5

thand/or 14

thAmendments 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 jurisprudencewithout application to specific facts, there is no danger that by answering these

questions you may prejudge a case that may come before you.

i.

ii.

iii. rotect constitutional rights of

individuals from legislative enactments that have denied those rights, evenwhen the rights have not yet been broadly accepted, were at one time

unimagined, or challenged a deeply ingrained practice of law viewed to be

imper

iv.

view v.

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 vi.

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



vii.

viii. the

The Clause also provides heightened protection against government

ix. x.

group to engage inexpressive association by limiting membership to persons

bility to

xi.

were widespread at the time of its ratification and that were expected to

xii. , must

xiii.

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 judicialsystem to perform its constitutional role free from the influences that tend to

xiv. legislative purpose; second, its principal or primary effect must be one that

neither advances nor inhi

xv.

may make in a lifetime, choices central to personal dignity and

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

xvi. combating that problem, including some measures regulating

al rights necessarily takes

certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-

xvii.

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 t 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.

xviii.

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

xix.

xx. titution contemplates that in the end our own judgment will be

brought to bear on the question of the acceptability of the death penalty

xxi. are of most relevance here. These references show an emerging awareness

that liberty gives substantial protection to adult persons in deciding how to

tradition are the starting point but not in all cases the ending point of the

xxii.

xxiii. rstood 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- -Nazi

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

xxiv. 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

xxv.

[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 betotally 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

c. What is the role of courts in society? For instance, recently the Iowa Supreme

rights. Please describe if this type of progressive agenda something that judgesshould 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.

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 CourtJustice 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:

policy. These times, however, occur when the public policy is clear and

government to de

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

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 amember of the Court of Appeals. The nine members of our court are a trulydiverse yet highly collegial group of individuals. Each day I feel honored that Iget to report to the State Judicial Building and do the business of the people ofIowa. I never forget that they pay my salary.



Being a Court of Appeals judge is demanding and difficult work. Each of usmust be an expert across all areas of I owa law from civil law, to criminal lawand procedure, to domestic relations and juvenile law. Each of us has to masterbriefs 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 hearoral arguments nine times a year requesting changes and writing concurrences and dissents when necessary.

The budgetary constraints in the state judicial system have posed challenges. Inever received any training as an appellate judge. I had no law clerk the first sixmonths that I was on the court. Even now, each of us has only one clerk ascompared 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 hisor her own research and writing, to be listening and thinking constantly, and todefend his or her own positions with persistence and grace.

For over 25 years, I had an enjoyable and successful legal career in privatepractice. I argued over 40 appeals. I represented many wonderful clients, fromfarmers to co-ops to seed companies to the national council of pork producers. Ipublished articles, taught law school, took on pro bono matters, gave seminars tothe bar, and served as general counsel for nonprofit blood centers. Having said all that, I believe my service on the Courtof 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). Iapplied for the District Court in 2001 and 2003 (three times). My name wasforwarded to the Governor twice for the Court of Appeals and three times forthe District Court before I was ultimately appointed by the Governor to theCourt of Appeals in January 2009.c. State any additional information you deem relevant.

mansfield questionnaire

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