Indiana Judicial Nominating Commission

Application

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

(31 7) 232-4 706

for the Court of Appeals of Indiana The application for the Fall 2021 Second District vacancy on the Court of Appeals oflndiana includes two parts. Both parts must be completed in entirety with the appropriate documentation attached and submitted through the Indiana Courts Portal. Five complete hard-copy applications also must be submitted to the Nominating Commission's Office. Please direct any questions about the application process to Adrienne Meiring, Counsel to the Commission, by email at adrienne.meirirn2/dicourts. in. gov.

Part One, Sections 1-11

1. Contact/ General Information

A. Full legal name and any former names.

Timothy Wayne Oakes

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

Tessa R Oakes - 46, Wife, R.N./Educator, IU Health

N.E. Oakes - 18, son

M.E. Oakes - 15, son

L.M. Oakes 11, daughter

0 .R. Oakes 11, daughter

C. Business address, email, and telephone number.

Marion Superior Court, Civil 2

200 E. Washington St, Ste W-443

2

Indianapolis, IN 46204

Tim.Oakes@indy.gov

317-327-4501

D. Attorney number.

16822-49

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

October 1992

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

Active

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

NIA

F. Date and place of birth.

March 20, 1964 Somerset, Kentucky

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

Marion County, Indiana - since 1964

2. Secondary Education/Military Experience

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

1982 - 1986

Wabash College, A.B.

Presidential Scholar 1982 - 1986

Academic Honor: High Pass, Oral and Written Comprehensive Exams, 1986

Completed Semester at Centre for Medieval and Renaissance Studies, Oxford, England, Spring Semester, 1985 - Wabash Semester Abroad Program

3

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

Certified Transcript attached under 2B

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

NIA

3. Post-Secondary Education

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

August 1988 - December 1991

Indiana University School of Law - Indianapolis, Evening Division

Juris Doctorate - December 1991

Class Rank: /

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

Certified Transcript attached under 3B

4. Employment

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

2009 to present

2019 to Present

Judge, Marion Superior Court, Civil Division (includes appointment by Indiana Supreme Court as Hearing Officer on Attorney discipline cases)

Adjunct Professor, Indiana University School of Science Indianapolis, Forensic Graduate School; Course once per year on Forensics and the Law. Christine Picard

4

2010 to 2016

2011 to 2015 -

2004 to 2008 -

1996 to 2004 -

1996

1995 to 1996 -

1993 to 1995 -

1992 to 1993 -

1991

Adjunct Professor, Indiana University - Purdue University- Indianapolis, School for Public and Environmental Affairs, Teaching Evidence and Criminal Law. Tom Stucky and Denise Scroggins

Adjunct Professor, Robert H. McKinney School of Law, Co-teaching an original course on Judicial Selection with Professor Joel Schumm.

President and General Counsel of the Indiana Cable Telecommunications Association. 150 W. Market St., #412, Indianapolis, IN 46204. Rusty Robertson, Brad Tracy, Mark Apple and Walter 'Buz' Nesbit, Board members.

Lawyer, Nugent Arnett & Oakes, 7800 Shelby St., Indianapolis, IN 46227 and Oakes Law Office, 3545 N. Washington Boulevard, Indianapolis, IN 46205

Contract Public Defender, Trial and Appellate, Marion County Public Defender Agency, Robert Hill and Dave Cook. 1997 to 2004

Contract Public Defender, Trial and Appellate, Shelby County Public Defender Agency, Jim Lisher. 2000 to 2004

Contract Counsel, Indiana House of Representatives, Republican Caucus, Brian Bosma. 2001 to 2004

Contract Counsel, McNeely, Stephenson, and Thopy, 2150 Intelliplex Drive, #100, Shelbyville, IN 46176. Lee McNeely.

Deputy Prosecutor, Office of the Marion County Prosecutor, Scott Newman. Misdemeanors, D Felonies, Grand Jury.

Campaign Director, Steve Goldsmith Committee.

Law Clerk, Indiana Court of Appeals for Judge - Judge Linda Chezem.

- Executive Assistant, Office of the Mayor of the City oflndianapolis - Mayor William Hudnut.

5

1990 to 1991

1990

1989 to 1990 -

1988

1986 to 1988

Executive Director I Lobbyist, Hoosiers for Safe and Competitive Trucking. Ed Treacy and John Barnett.

Campaign Scheduler, Bill Hudnut's Campaign for Secretary of State. Jewell DeBonis Campaign Director, Bruce Melchert, Campaign Chairman.

Law Clerk/Paralegal- United States Attorney's Office for the Southern District of Indiana - Deborah Daniels.

Law Clerk, Melvin Simon and Associates, Indianapolis, IN 46204. Kathy Watson.

Advance Assistant and Scheduler, Office of the Governor, State oflndiana, Robert D. Orr during the Governor's last year and a half in office. Governor's Fellow, Office of the Governor, July 1986 to July 1987.

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

In 2007 /08, I discussed with my employers and board members, family, and friends the idea of running for Marion County Judge. In 2008, I was endorsed by the Marion County Republican party and elected in the fall. In 2014, I was again endorsed by the party and elected that fall. In 2020, I was determined by a vote of the recent statutorily formed Marion County Judicial Nominating Commission to be 'Highly Qualified' and retained that year by the voters of Marion County. Most of my law career had been centered around criminal law; howerver, I asked, and was placed, in a civil court upon my first year in office. My first twelve years have been spent presiding over every type civil law case, except probate, and every type of family law matter.

Prior to being elected Judge and from 2004 tthrough 2008, I had spent four years as President and General Counsel for the Indiana Cable Telecommunications Association ('ICTA' - all the cable companies doing business in Indiana). It was a difficult decision to leave the practice oflaw, but returning to private business and lobbying at that time felt like a much better outcome for my family. While maintaining some private practice work (receiverships, some probate, and small cases for friends), my primary legal work there was reviewing bills as they impacted the industry, appearing before regulatory agencies, legislative committee hearings and legislators personally on behalf of the member companines. It was my first time supervising anyone besides a paralegal or receptionist, and the organization also had a significant annual budget. Rusty Robertson, Walter

6

Nesbit, Mark Apple, Joe Poffenberger, Brad Tracy and Peter Nemeth were my primary and longest serving board members during that time.

My eight years of private practice began when Peter Nugent approached me aboutjoing Andy Arnett and him at the law building of Thomas Law Offices on the southside of Indianapolis. Thomas Law offices included Joe Thomas, Rob Thomas, and John Szostak. Peter, Andy, and I operated under an association named, Nugent, Arnett, & Oakes. Our practices were primarily criminal defense, family law, some probate, and some civil law, including small claims work. The lawyers in that office had a varied and long history of being lawyers for people in need, practicing law, and being successful in all aspects of having one's own law firm. Their mentorships were invaluable to my building a successful and profitable law practice. Very few things will top the excitement and satisfaction of that time in my law career. When friends, neighbors, childhood classmates, former co­workers, former professors, and mentors, as well as other lawyers and judges, call upon you, among all the choices they have, to help them in their time of need with interacting with the legal system, and you are able to deliver quality, timely, and affordable results, while at the same time make a profitable living and grow a reputation as a good lawyer, that kind of impact and satisfaction is hard to replicate. The private practice was enhanced by adding a contract for Conflict Counsel for the Marion County Public Defender Agency. Dave Cook and Bob Hill were responsible for adding that contract to my practice and Mark Inman was my supervisor. Every week was filled with bench trials, jury trials, plea negotiations, a range of family court hearings, juvenile cases, small claims and civil court appearances. It was exhilarating. The added bonus was observing how different judges handled their dockets and what that meant for the lawyers and litigants who had to navigate each.

As a business decision, I elected to move my practice north and closer to my residence. The Oakes Law Office joined with Mark Inman, Eugene Kress, later Andy Arnett again, and still later Mike Gaerte and Andrew Borland. I continued my practice as before but added the Shelby County Public Defender's Office as a Contract Trial Counsel and Appellate Counsel as part of my workload and practice. Here again, it was another opportunity to observe not only different judges handling their varied dockets, but also to see how urban versus more rural counties compared on operations, protocols, pleas, and focus. Jim Lisher, Doug Brown, John Deprez were fellow public defenders there, and I regularly interacted with prosecutors Kent Apsley, Brad Landwerlen, and David Riggins, as well as then judges, Charles O'Connor, Jack Tandy, and Russell Sanders.

During this eight year period of private practice, I also picked up a contract as Contract Counsel for the Indiana House of Representatives, Republican Caucus. This was the first year for Representative Brian Bosma as Republican Leader. Brad Tracy and later Leslie Hiner were Chief of Staff During those four legislative sessions, I (and other 'bubble attorneys) drafted and reviewed legislative amendments primarily, but also bills and statutes, to determine their implications on current law and legislative debates. Updating seat belt laws, railroad crossing legislation, election law, criminal statutes, civil law, and court operations were all just a small part of the vast subjects we researched and drafted. We also regularly worked with the Legislative Services Agency to assist with drafts. Other attoneys in that office included Julie Halbig, Bruce Munson, Bob Spears, and Andrew Roesner.

7

As a transition from the public sector to a private law office work, I briefly worked for Lee McNeely of McNeely Stephens and Thopy in Shelbyville, Indiana as a contract counsel. Mr. McNeely had me research and write memoranda on a particularly complex case involving legal malpractice as it intersected with bankruptcy and state courts. Wading through the plethora of issues in that case gave me an early appreciation for the complexity of the law and the parties and entities involved.

My early bench and jury trial experience came when newly elected Scott Newman hired me to be a Deputy Prosecutor in the Marion County Prosecutor's Office. I began in misdemeanor court, daily trying bench trials, negotiating guilty pleas, and researching cases. Shortly thereafter I was promoted to D Felony Court. I received my first experiences at trying jury trials in those courts, and Scott Newman enlisted an excellent group oflawyers and judges to provide us regular trial skills advocacy training that was modeled after the National Institute of Trial Advocacy programs. My immediate supervisor was Mick Jensen. Our Chief Trial Deputy was Cale Bradford; our Chief Counsel was Mark Massa. My office mates and court mates included Adrienne Meiring, Ron Buckler, Eugene Kress, and Steve Koers.

My first legal job after graduating from law school was as a law clerk for Judge Linda Chezem at the Indiana Court of Appeals. I researched and wrote memoranda on a variety of legal topics and learned a great deal from a diverse and forward thinking judge who helped make me a better person. I also regularly exchanged ideas with fellow law clerks and office mates: Joe Heerens, Sarah Nagy, and Kyle Endris.

5. Trial/Judicial Experience

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

I have tried juries as a deputy prosecutor (misdmeanors and D felonys), as private counsel and represented many defendants in jury trials as a Marion and Shelby County public defender over nine years including, major felonies of Murder, Aggravated Battery, Dealing in a Controlled Substance, Robbery, etc. In the last 12 years, I have presided over approximately 40-45 civil jury trials ranging from car accidents, medical malpractice, concrete installation, and business/ contract litigation. I have occasionally presided over a major felony jury trial to help a colleague with their calendar and to keep my criminal jury trial skills fresh.

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

I have had the pleasure of representing numerous clients at bench trials in small claims court, misdemeanors, low level felonies, and major felonies in state courts all around central Indiana. Those cases included clients in all levels of criminal cases, probate hearings, family law hearings, as well as juvenile delinquency hearings. Later as a judge, I have presided over perhaps hundreds of civil hearings of every type - evictions, collections,

8

mortgage foreclosures, civil torts, business disputes, insurance disputes, medical malpractice claims, and personal injuries. As a judge in the county of venue for state government, I have had the opportunity to hear bench trials on administrative decision reviews, ballot access, liquor laws, and prisoner litigation. These bench trials or hearings were often a few hours and once up to nine days.

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

As a practicing lawyer, I had numerous opportunities to sit as judge pro tempore for various small claims court and traffic court judges. I also sat as judge pro tempore for misdemeanor and low level felony courts as well as at least one major felony in Marion County Criminal Court 3. Later I set as judge pro tempore for the Marion County Civil Courts.

After being elected in 2008, my judicial experience has been the Marion County civil courts. Each civil court in Marion County handles approximate! 2,000 - 2,500 cases per year, again ranging in every sort of civil case, including family law cases, except probate. Each court averages four to six jury trials per year and numerous weekly bench trials or hearings in all the same range of cases. Our hearings have most often included motions for summary judgement, judgement on the pleadings, discovery disputes, preliminary and final hearings on divorces (usually centered on the custody of the children), paternities, children in need of services (CHINS) cases, and judicial reviews of administrative agency decisions.

6. Professional Experience

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

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

2010 Wyatt & Sowers v. Thomas Wheeler et al in their official capacity as members of the Indiana Election Commission and Susan Ellspermann. 49Dl3-1004-PL-15210 Court's Finding of Facts and Conclusions of Law

2013 Fishburn v. Indiana Public Retirement System. 49Dl3-1204-MI-016879. Order on the Petition for Judicial Review on Determination of Benefits.

2015 Monarch Beverage v. David Cook Alcohol Tobacco Commission. 49D02-1403-PL-006456 Order on Cross Motions for Summary Judgment

2015 Carlton Curry v. City of Lawrence Utilities Service Board, City of Lawrence, Mayor Dean Jessup. 49D02-1212-CT-048783 Order on Parties' Cross Motions for Summary Judgment.

2015 Martinez, et al v. Shamrock Building Service, Stratus Franchising, et al. 49D02-1206-PL-023299 Findings of Fact and Conclusions of Law

9

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

HEA 1036 (2017) enacted as IC 33-33-49-13.1, the Marion County Judicial Nominating Commission bill and statute, was taken from an original draft and changes that I helped craft in 2016. That bill failed in the 2016 session, but was brought back and passed in the 2017 session. Representative Greg Steurwald was the author in the House of Representatives.

In 2010, Judge Heather Welch and I worked on behalf of the Marion County Courts, with the Indiana Legislature and the Marion County City County Council to resolve a traffic ticket revenue issue. That work produced a return of revenue to Marion County which in turn allowed for the Marion County Courts to raise Commissioner salaries to the equivalent of Magistrate salaries, convert all of our Commissioners to Magistrates over the next six budget cycles and legislative sessions, and produce a regular income stream for Guardian ad Litems in the amount of $1-2 million annually. Senator Kenley and Representative Cherrish Pryor were the original authors of this legislation. Legislative Services Agency drafted the bills. The primary impacted statute has been IC 33-33-49-32 (number of magistrates), and I believe some of the changes to IC 33-33-49-15 (commissioner powers and duties) came out of those exchanges as well.

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

September 24, 2014- Indiana Lawyer - Indybar: Changes in Marion County Courts and Other Observations. Article details newly elected and retired judges, court assignments, and provides some perspective of past changes. Article also touches on judicial surveys conducted by bar associations.

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

Jason Fishburn v. Indiana Public Retirement System

This case involved involved Jason Fishburn, an IMPD officer, who was shot in the head and permanently injured in the line of duty while trying to catch a murder suspect on the eastside oflndianapolis. His injuries were to the extent as to entitle him to receive a monthly base disability benefit under an officer's pension and disability fund. Unfortunatley, the state agency determined one accounting of what the police officer was entitled. Counsel for the officer suggested a different formula and accounting. While a difficult emotional set of facts, my order turned on statute interpretation, followed the law, and affirmed the state's formula. I was also affirmed on appeal. I have a lot of friends in law enforcement, and this decision was a difficult one emotionally.

Williams v. Williams 49D13-0910-DR-046234 (Family Law Matter)

A 2010 child custody case with no great initial options remains one of the more rewarding cases of my career. Both parties sought custody, but neither parent was an option that would have benefitted the children at that time -father was too busy working to care for the children and mother was struggling with alcoholism. Through testimony at the final hearing, I improvised a temporary solution by involving the maternal sister, the children's aunt, as a temporary guardian until one of the parents could demonstrate capability of caring for their children. Neither party requested this solution, but both agreed to try my temporary solution. At a subsequent status hearing, the aunt delivered to the Court something from the children that they had specifically requested that I see. It was their school progress reports which showed exceptional progress since their temporary placement. I inquired as to whether the children had been coached in any way to do this, and I was assured they were not. Focusing on what is in the best interest of the children, and not the parents, has always been the better course.

Indy Fedreau v. Welty 49D13-1111-PL-044182 Foxfire v. Sheehan Construction v. Safeco 49D02-1204-PL-013937 One Indiana Square v. Federal Insurance 49D13-0804-PL-014406

These three complex commercial litigation cases involved large construction projects (including the new FBI building in one), multiple subcontractors, insurance coverage, an extraordinary number oflawyers and firms in each case, a myriad oflegal issues, arbitration and unique appraisal issues. In each of these, I worked regular and multiple hearings with the teams of lawyers, making my calendar regularly available, to explore discovery issues, arbritration, or settlement. Each resolved within a respectable amount of time without the need for a trial. Some of the lawyers involved included John Trimble, Andy Detherage, Peter French, Sam Laurin, Alan Goldstein, William Hancock, Jim Behner, and Terri Sorg.

State v. Michael Stigger 49G05-0212-F A-302458

The Stigger family had grown up near me near our grade school, IFS #99 on the eastside. The Stiggers lived in subsidized housing near the school, but each of their three kids did well in school, went on to have success early in their lives, and each initially became successful citizens. The oldest, David, was one of my best friends in grade school and at Arsenal Technical ('Tech') High School. His younger brother, Michael became a licensed union

11

electrician with a beautiful family. Later in our lives, during a domestic violence rage, Michael attacked his wife and nearly killed her in their house while their children were in the house. The Stigger family found me and retained me to represent their middle son. I remain humbled and honored that they placed their trust in me as a criminal defense lawyer. Mr. Stigger had no prior legal history, but little else in the way of a defense. During the discovery and discussion process with the Marion County Prosecutor's office, it became clear that I was not going to be the attorney to be able to reach a resolution in this case that was fair for all involved. I sought assistance from other lawyers, who took over Mr. Stigger's representation and after a short time, obtained a plea offer that was better than what the client and I had previously hoped. It is never easy to give up representation of a client, but I am proud of this representation, my deferment to other attorneys, the result, and the trust the family placed in me. I believe justice eventually was accomplished, for all involved. While I have not spoken to him since, I am aware that Mr. Stigger is out of prison, back to being an electrician and has not interacted with the criminal system again.

A Random Case in a Multitude of Cases in a Private Law Practice

For reasons that have nothing to do with this application, I have previously tried to research or figure out this previous client's name or case. Yet, over the twenty plus years since, I have not been able to do so and for that I apologize, especially to her. When I was with Nugent, Arnett and Oakes at the Thomas Law offices on the southside oflndianapolis, I was learning not only about practicing law but about the business of private practice. Early on, I represented a lot of clients who never fully paid their fee. It is part of the business and part of the learning curve of building a practice. One lesson in particular was how to handle clients who can not pay a retainer. In this case, after the initial consultation and my quote, the lady indicated she could maybe pay $10/week. I took the case with little expectation that I would ever be paid. She began by coming by the office and dropping $10/week. I finished her case, as I remember, in less than two months total time. She continued to pay $10/week, diligently dropping off her payment on her lunch hour every Friday. Not long after finishing her case, and her continued diligent payments, I happened to be in the office when she came, and I told her to stop paying. She was concerned and worried that she had not paid our agreed amount in full and had more weeks and months to go. She wanted to be able to call upon my services again in case she needed something else. I assured her that I would take whatever case she might have again. She had kept her promise, and I let her know that meant infinitely more than the total amount of money to me.

I have shared this story many times to law students, summer clerks, and young lawyers. This is not a 'look at me and how nice I am' story. That is not its purpose. Rather, this case summarizes for me, what being a lawyer

12

means and why I became a lawyer. It is about service to those most in need. It is a reminder that most people are good people with good hearts and value our services as lawyers. I think of that lady often; I remain embarrassed that later I could never remember her name or case. I would very much want to do anything I could for her if she somehow found me again. I always remind the young lawyers that we are truly blessed to do what we do in that being a practicing lawyer allows for us to directly help and impact the lives of others in meaningful and positive ways, much more than most professions.

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

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

Presiding Judge, Executive Committee

Elected by my thirty-five colleagues to the Marion Superior Court Executive Committee and as the Presiding Judge for 2017 through 2018, the other members of the Executive Committee (Judges Carlisle, Klineman, and Welch) and I identified three primary goals for our term: the new Criminal Justice Center, Budget, and Jail Overcrowding. Fortunately, the jail overcrowding issue never came to require much of our time as Judges Rothenberg and Klineman, among others, had laid the groundwork for efficiency in the system by re-working the bail process. Collaborating with a volunteer Budget Committee of other judges, we were able to assist the budget staff in understanding the role of the Courts vis-a-vis the other branches, priorities, and perspective on size of the budget as it relates to line items versus the overall county budget.

Finally, our biggest challenge, and the most time consuming, was the discussion, planning, and weighing of a new Criminal Justice Center on the southeast side oflndianapolis. An overcrowded City County Building, unsafe transportation of prisoners within the building for the public as well as staff and judges, and outdated courtrooms had made a solution long over due. Many different administrations had tried to solve the problem and though no real fault of their own, had come up short. The new model also required significant changes in how judges, among others, thought of a courthouse. Removing judicial office spaces from behind the courtrooms, allowing judicial courtrooms to be available to any docket upon assignment, down to the decision about common area bathrooms from personal judicial bathrooms, and as well as staffing location and new personnel models were all part of discussions held at retreats we scheduled, general term meetings we held, and individual meetings with judges we had. To the credit of my colleagues, we were able to sign off (albeit with lingering trepidation), with the City on the requirements we needed, the plans for the building, which courts would move, and when we would make the move.

13

That project will reach its conclusion at the end of this year when we make the move to the new campus, and all Marion County courts will be in one building at one location.

Marion Superior Court, Legislative Committee

Since approximately 2009, Judge Heather Welch and I have been the primary, if not only, members of the Marion Superior Court Legislative Committee. Working with governmental affairs professionals and at the direction and with the approval of the changing Executive Committees over the last decade, we have accomplished:

o Pay equalization for our commissioners with the magistrates in our courts

o Conversion of all those county paid commissioners to state paid magistrates for our courts. At the suggestion and request of then Budget Chairman, Senator Luke Kenley, this has been accomplished taking four commissioners each state budget cycle and moving them over to magistrates. That process will reach its conclusion this year with the final three commissioners being converted to magistrates.

o A return of the difference in salaries (approximately $1-2 million annually) to help pay for guardian ad litems expenses in Marion County. This was accomplished with the direction of Representative Cherrish Pryor.

Finally, and again working with legislative leaders, our government affairs professionals, political and bar leaders, and my colleagues through multiple meetings and retreats, I was also involved in the drafting of a new judicial selection method for Marion County after our previous system had been declared unconstitutional by the federal courts. The immediate net effect of this change has been the substantially diminished appearance of partisanship within the court as well as a more diverse bench in Marion County.

Marion Superior Courts, Committees

Additionally, I have served on other Marion Superior Courts committees:

• Library Committee - saved $2 million annually

• IT Committee

• Magistrate and Commissioner Committee

• Court Reporter Committee

14

Board of Law Examiners

Appointed by the Indiana Supreme Court to the Character and Fitness Committee since 2013, I have the honor twice per year to interview applicants for the Indiana Bar. Generally, I discuss with them reasons lawyers get in trouble with the Indiana Discliplinary Commission - greed and lack of communication. We also talk more specifically about living below one's means and always returning phone messages. I still see and have lunch occasionally with some of these applicants.

Indianapolis Bar Association

I have served in various capacaties with the Indianapolis Bar Association, trying to help wherever and whenever asked. My participation, beyond being asked to speak at various CLEs, has included:

• Strategic Planning Committee, 2010 and 2016

■ Leadership Academy Committee, 2012

■ Member of the Board of Directors, 2015-2016

■ Chair of the Bench Bar Committee, 2012

■ Chair of the Litigation Section, 2014

I have also maintained memberships with the Indiana State Bar Association and have spoken and served on committees as requested.

Past memberships have also included the American Bar Association, the Marion County Bar Association, Shelby County Bar Association, the National Association of Criminal Defense Lawyers, and the Marion County Defense Bar Association.

Presentations

Attached under Tab 7 are a list of presentations I have given.

I am particularly proud of the being part of the presentations to the Indy Bar Leader series with some of our federal judges and magistrates. More specifically, we have focused on civility and professionalism within the Indiana courts. Indiana has a standard of of civility and professionalism not always found in other jurisdictions. Encouraging and protecting that standard is import to the legal profession, lawyers, the courts, and the administration of justice.

15

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

Speaking

I have regularly spoken to elementary and high school classes, some on the Indiana Supreme Court's Constitution Day, on the role of the judiciary, civics, and the roles of the three branches of government. I also have served as a judge on various moot courts at the law school, Wabash College, and grade schools and high schools when I am requested. In addition, various community groups, the Lugar Series for example, come through the Marion Courts and we get the opportunity to explain to them the work that we do and answer their questions. I always speak to our jurors after a jury trial, asking them what worked for them, what didn't, and how we could make their service a better experience. Finally, one of the great joys is speaking with our country's newest citizens on their naturalization day organized by the Southern District of Indiana.

Summer Law Clerks

As an evening student, I did not have the time or financial freedom to participate in summer clerkships or internships. Further, not every law student even with time and freedom gets that opportunity to learn outside the classroom. In fairness, it was not by design that I began to take on summer law clerks. Since my second summer as a judge however, students have somehow found me. The Marion Superior Courts do not pay summer clerks, and different judges had brought on summer clerks to sit in the courtroom and watch - a valuable experience. However, through the last ten years, I have brought in as summer clerks essentially anyone who inquired and wanted to participate in what I offered. The summer clerkship in Civil 13 and now Civil 2 has grown over the years, but the goal has remained the same - give students as wide and as diverse experience over the summer that may allow them to choose a course for their legal career, or hopefully and at least eliminate some. To that end, I typically arrange some or all of the following for the summer clerks:

• Research and writing assignments on issues and cases before the Civil Court. I recently moved these from individual assignments to group assignments as I believe it helps the students learn by engaging with their peers. Each summer, I require the students to provide me a short memoranda on Indiana Trial Rule 1 and its meaning. The goal here is to provide the summer law students with an understanding that the trial rules are not there to be used as weapons, but rather, are there to for the orderly disposition and management of the cases on their merits.

■ Observing not only hearings and trials in front of me, but also in our major felony courts, our lower felony and misdemeanor courts, our

16

specialty courts, and our juvenile courts. I often send them to surrounding rural counties to experience the difference. They have met with Justices and appellate judges to learn how those careers interact with the trial courts. I have also found and regularly sent the students to our federal courts for noteworthy jury trials and in some instances have them meet with the U.S. Attorneys. They have observed oral arguments at our Indiana Supreme and Appellate courts, as well as observing Judicial Nominating Interviews as available.

■ Venturing outside of the courtrooms, I have arranged for the summer clerks to visit and speak with various general counsels or officers: Indianapolis Airport Authority, MISO (electric grid operator), Steak n Shake, Simon and Associates, the Indianapolis Colts, to name a few.

■ I have arranged for the summer students 'ride-alongs' with Indianapolis Metropolitan Police Department and bike patrols and tours of the Marion County jail and Crime Lab.

■ In most summers, the students have met with lawyers from the the Governor's office, the Indiana Attorney General's office, the Indiana Senate or House, and various state agency attorneys as well.

■ We have toured the Subaru plant in Lafayette, the Yamaha prop plant on the eastside of Indianapolis, and the Citizens Big Dig Tunnel. Lately we have been fortunate as well to meet with counsel out at the Indianapolis Motor Speedway.

• One particular summer where we had more summer clerks than chairs, we worked with local law firms to place our clerks there for a week or two and rotate them through the summer. It allowed for the law firms to have an extra look at students they had not hired for their summer clerkships, and it allowed the court a more manageable rotation.

■ My favorite experience with the summer clerks, however, may be our regular lunches throughout the summer at locally owned, 'dive' or little known restaurants in Indianapolis and surrounding areas. It is an opportunity to talk with them about what they are seeing, their families, and their hopes for their legal careers.

Again, the goal is to give the summer law clerks a broad experience and enlighten their legal views. I have never advertised or sought students out for the summer.

17

They have found me by various means, and I have never turned a student down. Some summers I have had one or two students; others I have juggled up to six or seven. I always envision somewhere a parent worried about their child, the expense oflaw school, and whether their child is going to make it. I sincerely and deeply hope somehow their summer experiences have lightened that load for both the student and their parents.

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

As asked and as needed, I have served in various capacaties for different organizations over my career. I am the President-elect and most recently a member of the Executive Committee for the Sagamore chapter of the American Inn of Court- an organization dedicated to continuing legal education, mentoring, civility and professionalism among lawyers. I have been a member since 2002.

I have been an active volunteer for Wabash College since graduation. I have served as a Class Agent, including on the Executive Committee of Class Agents, the Indianapolis Association of Wabash Men, including Board Member, and as a volunteer for the Greater Wabash Foundation and Admissions. I have enjoyed the opportunity to work with and advise and mentor young men from their freshmen year to years after graduation. It has been an honor.

I have always been involved in my neighborhood associations from just being a dues paying member to being on Boards and once was the President. The neighborhoods have included Butler Tarkington and Meridian Kessler, and I was a business member of the Mapleton Fall Creek neighborhood when my law office was located there.

As a father of four, my children have led me to serve as volunteer, assistant coach, auction or raffle chair or emcee, and sponsor at the Broad Ripple Haverford Little League, St Thomas Acquinas Church, and the TAB basketball league.

For the last three years, I have been a Board Member at KIPP-Indy, a K-12 charter school on the near eastside of Indianapolis, not far from the neighborhood where I was raised. Nearly all these kids come from disadvantaged backgrounds and poor families. I was honored to invite small groups from the faculty to meet with me over lunch periodically. They are doing some of the hard work for our society under the toughest of circumstances. Yet, they are elevating these kids academic attainment.

I served as a Board Member for Child Advocates, Inc from 2003 to 2006.

Finally, I have always been a supporter of Arsenal Technical High School ('Tech') and its graduates and students. I try to regularly attend gatherings of fellow alumni, especially the class of 1982, and I have been the organizer of our la111 and 20th year reunions, and we will

gather next year for our 40th. I am especially proud of my classmates and their lives and I

have been humbled more than once by their show of support for me and my career.

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

As a practicing lawyer, I regularly provided pro bona legal advice to friends, family, classmates, neighbors, and acquaintences. I did not record or keep track of the number of pro bona cases, but I would estimate the number to be 60-80 over eight years of practice and four years at the cable association. Probably the pinnacle of my law practice was when my academic advisor and college professor called me to assist one of his former divinity students with a small criminal legal situation. I represented the young man and obtained a favorable result for him and his future career. When he asked what was owed, I explained that my mentor and favorite college professor had asked me to assist him - there was no fee, but he was to pay it forward. Here again, we are reminded that there are few professions in life that award the opportunity to help others in such a purposeful and meaningful way as the practice oflaw.

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

2010 to 2017

2011 to 2015

2018 to

Indiana University - Purdue University Indianapolis, School for Public and Environmental Affairs. Over nine semesters, taught Evidence and Criminal Law to undergraduate students.

Indiana University McKinney School of Law. Taught an original course with Professor Joel Schumm on Judicial Selection - examining the different models of federal and state judicial selection. Five semesters.

Present Indiana School of Science, Graduate School of Forensic and Investigative Sciences. Teaching forensic graduate students "Forensics and the Law" which focuses on a brief history of evidence law, expert testimony, and a federal evidentiary rule 702 analysis. Three semesters.

Future Retained to teach two semesters per year for the undergraduate Forensic and Investigative Science undergraduates beginning Fall 2021.

8. Memberships and Other Activities

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

19

See Section 7 A above.

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

See Section 7C above.

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

Indianapolis Lawyers Club

D. Describe your hobbies and other leisure activities.

After I turned 50, I have tried to pick up the acoustic guitar and songwriting, which continue to be works in progress. I enjoy boating, cooking, spending time with my family, hunting, fishing, working on my property in Kentucky, watching sports (we are Colts season ticket holders), card games, and I have recently returned to golf after a twelve to fifteen year hiatus. I usually have two to three books that I am reading - nearly all non­fiction history. I enjoy spending time with friends and my immediate and extended family the most, swapping stories and laughs, in whatever setting I can - those continue to provide the most lasting memories and enjoyment.

9. Legal Proceedings

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

1993

2009 to 2019

1998 to 2004

In RE: Marriage Tim and Susan Oakes, Marion County, Indiana. Dissolution of Marriage

Once elected, I, along with many other state and federal judges and public officials have sometimes been listed as defendants in lawsuits by 'serial filers' -some of which have been subsequently restricted in their ability to file. Plaintiffs include: Carolyn Hertz (Srivastava), Jessie Clements, and Gersh Zvodnik.

These have been federal and state cases numbering perhaps six or seven over the past 12 years. All were summarily dismissed with prejudice.

As a sole practicioner for eight years, I filed approximately seven small claims cases against former clients, after their case was successfully concluded, for failure to pay.

20

2002 Appointed as a public defender appellate counsel for Steven Sherwood after his second conviction and second appeal out of Morgan County, but tried in Marion County. He sued me civilly in Morgan County after his unsuccessful appeal, but later dismissed his claim against me.

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

In March of 1982, I was arrested and charged in a serious driving matter involving a death. I admitted to a true finding in Marion Juvenile Court, and cause was expunged later that same year. I have addressed the incident publicly on multiple occasions, dedicated my four decades since to a redemptive life of service, and welcome further inquiry from the Commission members.

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

NIA

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

NIA

10. References

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

George Flews, Flews Shadley and Braun

Andy Detherage, Barnes & Thornburg

John Trimble, Lewis & Wagner

21

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

Raegan Gibson, Paganelli Law Group

The Hon. Mike Casati, Hamilton Superior Court

The Hon. P.J. Dietrick, Marion Superior Court, Civil Division

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

The Hon. Cale Bradford, Chief Judge Indiana Court of Appeals

Lacy Johnson, Taft, Stettinius & Hollister

J. Lee McNeely, McNeely Law Office

11. State Police Release Form and Photograph

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

B. Attach a recent color photograph of you to the front of the original application and to each copy of your application.

Date Applicant Signature

22