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good morning judge shakily welcome this.morning can you begin your opening.statement when you are ready all right.very good good morning to all of you I.want to start again by thanking all of.you for your continued dedicated service.on this commission I've enjoyed have an.opportunity to meet with all of you over.the last several months and I'm very.humbled to be here again this morning.in my previous interviews I've told you.a lot about myself my commitment to.public service my personal history today.I'm going to take a little bit of a.different approach and I want to tell.you why as between the 11 outstanding.candidates that you are interviewing for.this position that I'm the best.candidate for this position that you.seek to fill on Iowa's a court of.appeals I submit that there are five.reasons those include my district court.experience my numbers my philosophy.teamwork and then finally geographic.diversity I'll start with my experience.and we'll begin by making what some.might consider a very bold assertion.that my experience as a district court.judge I'm a large busy and varied docket.is critical for this appellate role and.uniquely qualifies me for Iowa's Court.of Appeals highest Court of Appeals.reviews approximately 1,300 cases per.year 11% of these involve family law 21%.juvenile law 36% criminal law.13% post-conviction relief 3% probate.and 16% in a category that is sort of.catch-all other civil which includes.things like personal injury torts.workers compensation real estate matters.tax appeals contract disputes medical.malpractice and so on it's a fast-paced.and varied workload the greater.percentage of which involves review of.judicial decisions that come from my.level the district court as the district.court judge other than juvenile law.which I spent a great deal of time.practicing in my 15 years as a.practicing attorney proceeding my.appointment to the bench even in the.past couple of months.ever since I interviewed with the.Commission last I've handled cases in.each and every one of those areas of.substance of law I have decided cases in.commercial real estate tax assessment.appeals post-conviction relief mental.health appeals family custody support.cases divorce cases involving asset and.debt distribution felony criminal.criminal misdemeanor guilty pleas and.felony sentencing I've entered property.foreclosure orders I've opened closed.and managed the progress of estates.guardianship sand conservatorships I've.conducted case management hearings and.murders and other felony cases products.liability and personal injury cases and.handled multiple domestic abuse hearings.as well as contempt and injunctive.relief hearings I've spent time on the.hectic dockets of the very urban Linn.County also spent time presiding and two.of our smaller more rural dockets at.Marengo and tama toledo all of this just.since August and really on a continuous.basis throughout my tenure as a district.court judge.thus my experience is broad and robust.and virtually every substantive area of.law reviewed by the Iowas Court of.Appeals moreover both as a trial lawyer.for 20 years and now as a trial judge.for nearly seven years I've garnered.significant amount of trial court.experience and have handled a multitude.of jury and non jury trials nearly every.week I am in trial and in fact after my.interview here on August 5th I returned.to Cedar Rapids and started a two-week.long wrongful death jury trial that very.afternoon this trial experience informs.my judicial decision-making and demands.the exercise of judicial discretion in a.way that only a district court judge.would be familiar with having exercised.is just as judicial discretion in making.real-time decisions in the courtroom on.the applicable law and miscibility of.evidence with regard to credibility and.procedure I assert that a judge of.Iowa's district court with such breadth.and depth of substantive law knowledge.is best equipped to review the decisions.of other judges also my vast experience.in the courtroom gives me a sense for.what goes on in the courtroom far over.and above what merely reviewing a.transcript.is able to convey moreover as a judge I.point to my efficiency and my strong.work ethic the dockets of my district.court with nearly a half a million in.population are not unlike that of the.court of appeals they are hectic and.busy and a large and unrelenting.caseload I believe this has prepared me.well for the immense and frenetic pace.of Iowa's Court of Appeals sitting on.the fast-paced dockets of Cedar Rapids.in Iowa City I offer you know roughly.1100 dispositions per year and I don't.just survive I thrive at this pace.additionally I have always completed my.work in a timely manner emphasizing the.litigants at the center of each and.every controversy this leads me to my.second point my numbers were calling my.numbers ninety five seventy seven.hundred and two when I sat down to.consider what metric or methodology.might inform the Commission on how to.differentiate between the work of one.judge versus another I arrived on two.answers one metric the judicial.retention results of the Iowa State Bar.Association is a subjective reflection.of what lawyers think of a judge's work.skills timeliness demeanor it's.important because it tells you how the.judge treats litigants and demonstrates.knowledge and compassion in the work.that they do my number there is a 95 a.solid a but I submit to you that another.metric is more objective and perhaps.more important that being the judges.reversal rate it tells you how often the.judge gets it right based on an estimate.from court administration seventy seven.hundred is the approximate number of.dispositions that I've entered to is the.number of times a ruling of mine has.received any negative treatment by an.appellate court and I'll remind you that.each of those was only a partial.reversal or remand this leads me to give.you two more numbers 100 percent.timeliness of all of my rulings again.focusing on what's really at stake here.the people at the center of the.controversies and two point six and ten.thousand at point zero to six percent.reversal rate significantly these.numbers objectively demonstrate that my.work.withstood the scrutiny of the appellate.process and show that not only do I do.my work timely efficiently and.compassionately but also that I do it.well third I strive for personal.excellence this is my philosophy and it.is a limitless concept it inspires and.requires constant self-evaluation and.growth and it as a result is a.value-added approach to everything that.I do as a judge I'm a firm believer that.my workday does not begin and end when I.get to the courthouse or leave it's my.history and my upbringing that affords.within me a profound dedication to.public service to the bench into.education and demonstrating taking on.leadership roles as the president of the.Iowa judges Association legislative.liaison and judicial educator I've.served on numerous committees within the.branch and taking the opportunity to.educate others at new judges school.judicial conferences also Bar.Association events in even middle school.mock trial and at the National Judicial.College I'm an advocate for the branch.and Council II worked to promote funding.to support the branch and to enhance.public understanding and confidence in.our work I also dedicate time to.charitable work in the community and in.my church this value added philosophy to.which I adhere would benefit the Court.of Appeals in their endeavor to public.outreach and confidence forth and a team.player.I work well with others in a.consensus-builder but at that point I.would submit that the best player for.the court of appeals team is a utility.player that doesn't just play one.position that can play any position and.most importantly who has vast experience.in the courtroom setting which brings me.to our fifth and final point geographic.diversity within the merit selection.process the Commission looks to who the.most qualified candidates are for an.appellant position based on merit I.submit the my credentials my record my.demeanor everything I've stated to you.so far today supports my merit for this.position however I submit that once.merit has been.established geographic diversity should.be considered with the departure of.Judge manda Potterfield who you seek to.replace at this time the remains not one.judge or justice on Iowa's Supreme Court.or on Iowa's Court of Appeals who is.from the sixth Judicial District this is.Iowa's second most populous district.second only to district 5 C which is.Polk County nearly half a million Iowans.therefore will be unrepresented on.either repeal either of Iowa's appellate.courts moreover there is representation.from every other district on either one.or both of these courts this is.significant for two reasons first.geographic diversity brings added.breadth of perspective to the appellate.process put succinctly and this is.important the work of the judicial.branch is not perfectly uniform from.district to district in terms of the.nature of dockets staffing local rules.and even procedures I'm able to bring.the unrepresented perspective of the.sixth Judicial District a district with.two prisons two interstates Meskwaki.Settlement multiple level one trauma.centers and other important industries a.major university and two of Iowa's top.five most populated counties to that.Court second and more importantly.geographic diversity enhances the public.confidence in our appellate courts it's.important for the citizens in every part.of our state to have representation at.that level to bolster their sense of.justice and the work that is done there.I submit to the commission that this is.a gap on the Iowa Court of Appeals that.I am most suited to fill in short I.believe that my past years of experience.and service would serve the court of.appeals well and I would look forward to.serving that state of Iowa for the next.20 years in that capacity and if I were.so honored to be appointed thank you.again for your time and with that I'd be.happy to answer any questions that any.of the Commission may have thank you.thank you and we'll begin with mr..whiting good morning judge good morning.something probably well-known but it has.been established you are an exceptional.District Court Judge.from your application to your.credentials to the letters of.recommendation how do you think you'll.translate to the Court of Appeals if.you're appointed to this position do you.have what what skills do you think would.make you most successful on the bench.well I think the key to doing the job of.the district court well is connecting.with people and as I've said in previous.opportunities to visit with all of you I.think that connecting with people.doesn't stop being important at the.appellate level I think having a.connection to what's important at the.center of the work that's actually being.done by the judicial branch is really a.skill that's valuable to bring to that.level.but secondly I think that the what I can.offer as I've said is beyond just that.connection as the ability to sort of.collaborate with others and to really.sort of groupthink I take what I believe.is an excellent perspective and then.step back and look at what others bring.to the table and bring the best result.from the appellate level for the.citizens of our state you miss Valentine.no questions thank you mr. Berger miss.O'Brien.no questions thank you mister Sukup good.morning emerge from your time in North.Iowa as a law clerk for district court.Steve Carroll what was your biggest.takeaway I think that when a person.comes out of law school and that was my.first job out of law school I think my.biggest takeaway there was as much as.you learn in law school there is so much.more learned you just have a really.steep learning curve in a position like.that I was in the courtroom a lot with.the judges that I worked with was able.to see litigants and to really feel and.sort of empathize with what was going on.with them also really how quickly it was.necessary to kind of get on top of the.issues and to provide results for people.because of the.really sometimes it's real pain in.English what you're seeing in the.courtroom setting and so anything that I.could read in a book and everything that.I did when I was at the University of.Iowa College of Law helped me to get to.that point but I think there was just so.much more to learn thank you miss.Conover thank you for your application.in your interview here this morning.judge your you talked about geographic.diversity which is something that I am.sympathetic to having grown up in.western Iowa and now reside in your city.and I'm wondering if in addition to the.points that you articulated so well is.there given the different.responsibilities of the district court.judges and the appellate court judges is.there also a role to play for an.appellate court judge in interfacing.with district court judges within that.district in other words to the extent.those two levels need to work together.to enhance the whole judicial branch is.there is that another reason that we.should be thinking about as a commission.absolutely and one of the things that.the judicial branch does sort of behind.the scenes that maybe not everyone knows.about is that on our Supreme Court there.are justices that are sort of assigned.to go out to the various judicial.districts and attend judges meetings and.to try to perform that liaison Duty I.would submit that that is an easier task.for someone who knows all of the judges.of that district well and who is able to.you know have a much more frank.discussion about what it is that's going.on at the district level that you know.maybe the the appellate courts can learn.from and then conversely what it is at.the appellate level that the Supreme.that the Supreme Court of the Court of.Appeals needs to know and understand.from our district courts but I think it.is a really critical point I think it's.it's being done at a certain level but I.think that when you provide that.geographic diversity with an individual.who's actually on the courts it's a it's.I think emphasized thank you.mr. bloom my question is sort of about.how that might be fringing on the.courtroom and I guess I would just ask.it whatever you say maybe in the last.few years where you wouldn't have seen.it maybe it could be evidence against.someone or reason for pulling them over.on a stop or maybe a violation of.probation or just something that is.observable or becomes observable just.because there's so much data on people.today that's sort of in the public.domain yeah the the flavor in our.criminal in our Criminal Courts is.really rapidly changing I think because.of that I mean it's almost never do we.have cases now that there isn't some.dashcam video that there isn't somebody.that that happened to have a cell phone.and they're filming something.immediately so there's real time going.on in virtually every aspect of our.lives we could be standing in a parking.lot somewhere and we're on like six.cameras and that becomes very apparent.when we're looking at discovery issues.and suppression is use it at least in.our criminal courts we also have the.carpenter case not too long ago talked.about a suppression with regard to.location data in a search warrant the.world knows where I'm at right now.because I'm still wearing my Garmin.watch and so we have those kinds of.things happening and they do reach the.the ground in the courtroom level and.their decisions that are up and coming.especially in the criminal aspect of.things but also they translate over into.just you know we're did a farmer plant.their corn we know that because there's.GPS and in their equipment these days.and so those things come in to all of.our cases it's important that we keep up.with it okay thank you mr. gray thank.you.first I thank you again for your.application you and I interviewed a.number of times but I want to follow up.with a geographic diversity question you.answered you've articulated a number of.reasons where judges should be from I.want to emphasize I think that it's.important that the judges remain in the.community.they come from would you continue to.live in Linn County if you were named to.the Iowa Court of Appeal absolutely I.have I was born and raised there.I love Eastern Iowa I was reminded this.morning at how gorgeous it is and and.why I choose to wake up there every day.by the beautiful Frost's and the trees.on my way here my family is there my.friends are there I have friends and.family really throughout the state but.where I want to be is exactly where I'm.at in Cedar Rapids Iowa.I love it there and I love the people.thank you thank you Miss Pearson good.morning and thank you for being with us.today on your application you note that.in the past ten years and prior to your.current appointment you handled over 50.pro bono cases are there any significant.ones that just you know still impact you.today or helped shape your philosophy.and where you're at today and how that.would enhance going forward I think yeah.absolutely what I can think of so many.that really impacted me you know one.that I took on it was essentially a no.fee basis was an individual who had she.was a ward of guardianship and she was.there for kind of a ward of the state.she had no family or anyone else and she.ended up choking and aspirating on some.food at the care center that she was at.it was my job then to go and seek a.court order to allow for end-of-life.procedures and so I went I got all of.the paperwork in place I got the court.order so that the doctors could take her.off of life support but I I thought to.myself there is no way that I'm gonna.allow this individual who has no one.other than me.who she doesn't even really know not.allowing her to die alone so I went and.I held her hand while they pulled the.plug and that that would that was rough.but I felt that was absolutely necessary.and this kind of goes to that sort of.value-added approach it's just something.that I felt was necessary and so I did.it thank you.one quick question the stinger thanks so.much.good morning judge - Kelly thank you.again for going after this you've been.here I think more than than I have and.every time you have been demonstrated.your work ethic your professional skills.and all of that speaks so well ahead of.you as mr. voyda identified the the bar.the local bar and all of the.practitioners in front of you are.extremely impressed and grateful for all.you've done I've heard they don't wait.for you your timely you make decisions.and so from your professional side and.Miss Pearson addressed you know maybe a.professional moving experience.everything's outstanding I wanted you to.share the personal I want you to have.opportunity to share a personally.rewarding experience or something in.your personal past that may impact you.and how that's brought you to today well.I think that I look at my entire life as.just being such a blessing and and so.rewarding and really grace to have a.wonderful husband and parents that love.me and children that are just fantastic.and helpful and beautiful people now I'd.say picking any one thing out as a super.moment I think that would be really.difficult for me I just like to continue.to strive each day to you know to.deserve what God has given me thank you.well thank you judge she Kelly for being.here we are out of time.we appreciate your application and we.certainly wish you well alright thank.you so much thank you all.

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