Indiana Judicial Nominating Commission

251 N. Illinois Street, Suite 1600

Indianapolis, IN 46204 (317) 232-4706

Application for the Court of Appeals of Indiana

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

Part One, Sections 1-11

1. Contact/General Information

A. Full legal name and any former names.

Terry Wayne Tolliver

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.

Suzanne Marie Tolliver, 42, Wife, Health Administration, Indiana University School of Medicine;

B. R. Tolliver, 12, Son; and

R. J. Tolliver, 12, Son

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C. Business address, email, and telephone number.

Brattain Minnix Garcia One Indiana Square, Suite 2625 Indianapolis, IN 46204 Terry@BMGIndy.com (317) 231-1750 x4

D. Attorney number.

22556-49

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

November 2000

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

Active

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.

Illinois – November 2000 (Active)

F. Date and place of birth.

October 10, 1974 – Anderson, Indiana

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

Johnson County, September 1, 2005.

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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.

• Indiana University Purdue University Indianapolis (IUPUI) July 1993 – May 1997 Bachelor of Arts – Political Science Minors in Business, Communication, and Psychology Honors Include: • Dean’s List • Pi Sigma Alpha, national political science honor society • Special Recognition for Service to the Undergraduate Student Assembly

William L. Garrett Award, Most Outstanding Student in Activities

• Indiana University East Certificate in Online Teaching Certificate in Advanced Online Teaching January 2014 – March 2015

B. Include with your original application a certified transcript from each school named in

Subsection 2A, and attach copies of each transcript to each application copy. (If your social security number is on your transcripts, redact it before copying.)

Please see Exhibit 1, which is a copy of my transcript.

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

Not Applicable.

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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.

• Indiana University Robert H. McKinney School of Law August 1997 – May 2000 Doctor of Jurisprudence My class rank is unknown and unreported on the transcript. Honors Include: • Indiana Conference on Legal Education Opportunity (ICLEO) Fellow; and • Top Grade: Federal Telecommunications Law, Immigration Law, and Seminar in

the Legal Profession

• Indiana University Kelley School of Business Master of Business Administration August 1999 – December 2001 My class rank is unknown and unreported on the transcript.

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

Please see Exhibit 1, which is a copy of my transcript.

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4. Employment

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

• Indiana Supreme Court – Office of Court Administration Intern Indianapolis, Indiana May 1998 – May 1999

• Marion Superior Court 12 – The Honorable Susan L. Macey Law Clerk Indianapolis, Indiana May 1999 – December 2000

• Office of the Indiana Attorney General Deputy Attorney General Indianapolis, Indiana December 2000 – November 2007

• Indiana Wesleyan University Affiliate Faculty Marion, Indiana (although I teach primarily online or in the Indianapolis area, I have traveled throughout the state to teach courses when necessary) October 2002 – Present

• Indiana University Kelley School of Business Associate Faculty Indianapolis, Indiana August 2003 – Present

• Office of the Utility Consumer Counselor Deputy Consumer Counselor Indianapolis, Indiana November 2007 – March 2012

• Office of the Indiana Attorney General Deputy Attorney General (March 2012 – January 2017) Deputy Director, Consumer Protection Division (March 2012 – December 2014) Supervising Deputy Attorney General (December 2014 – January 2017) Indianapolis, Indiana March 2012 – January 2017

• Indiana University O’Neill School of Public & Environmental Affairs Adjunct Faculty Indianapolis, Indiana August 2015 – Present

• Brattain Minnix Garcia Of Counsel Indianapolis, Indiana March 2017 – Present

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

Much of my career has been spent in public service helping those harmed by others. I began the practice of law as a Deputy Attorney General for the State of Indiana under Attorney Generals Karen Freeman-Wilson and Steve Carter. I was assigned to the Consumer Protection Division. My cases involved consumer matters, such as complaints against automobile dealers, home improvement contractors, and Internet scams. Other representations included antitrust and multistate matters. I traveled throughout Indiana and appeared in both state and federal court. I handled many hearings and tried several cases, including a jury trial. I have also worked on several appeals before the Indiana Court of Appeals and a case before the Indiana Supreme Court. The attorneys in the Consumer Protection Division during this time included: Allen Pope, Brent Embrey, David Paetzmann, Roy Coffey, Justin Hazlett, Eric Jackson, Roger Smith, Lisa Ward, and Mary Ann Wehmueller.

I used this experience to transition to a Deputy Consumer Counselor for the Indiana Office of Utility Consumer Counselor. I represented Indiana’s ratepayers in administrative proceedings before the Indiana Utility Regulatory Commission. I ensured our state’s utilities were providing the best service at the lowest cost. My practice ranged from customer billing disputes to multi-billion-dollar rate cases. I was able to assist in the deployment of renewable energy resources throughout Indiana, as well as the construction and updating of utility infrastructure. I primarily worked with Susan Macey, David Stippler, Leja Courter, Scott Franson, Abby Gray, Randy Hellman, Lorraine Hitz-Bradley, Karol Krohn, Daniel LeVay, Robert Mork, and Jeffrey Reed.

I returned to the Attorney General’s Office in a leadership role under Attorney General Greg Zoeller. I was Deputy Director of Consumer Protection overseeing the mediation and litigation of consumer complaints. I worked with other states’ attorneys general’s offices on some of the country’s largest consumer protection cases, and still maintained a personal case load, including trying cases in state court. I oversaw a staff of approximately fifty (50) employees, but primarily worked with Abigail Kuzma, David Paetzmann, Marguerite Sweeney, Lyman Taylor, and Michelle Mayer. Later, I was appointed as a Supervisory Deputy Attorney General. I oversaw and litigated administrative complaints against licensed professionals, including accountants, cosmetologists, dentists, and plumbers. I worked with Allen Pope, Amber Finley, Michael Nossett, and Natalie Stidd.

Now, I am with a small firm that focuses upon litigation. This has allowed me to return to a law practice that helps individuals in need. I am involved in both civil and criminal matters and practice in state and federal court. I have tried bench trials in state and federal court, a jury trial in state court, and argued two (2) cases before the 7th Circuit Court of Appeals. The partners in my firm are Larry Minnix and Mario Garcia.

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5. Trial/Judicial Experience

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

I have handled two (2) jury trials in state court, including an all-day civil trial in Owen County involving a consumer protection issue against an automobile dealer and a three (3) day criminal trial in Johnson County.

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

I have tried several bench trials before Indiana’s trial courts, as well as the federal courts in the Southern District of Indiana. In addition, I have argued and presented evidence in administrative proceedings before the Indiana Regulatory Commission and several professional licensing boards.

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.

I have not had the privilege of serving as a judicial officer. For much of my career, as a Deputy Attorney General, I was prohibited from Indiana’s Constitution from doing so, since this would constitute dual office holding.

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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.

• Liberty Publishing, Inc. v. Indiana Attorney General, 49A02-0606-CV-00502, Appellee’s Brief, filed on December 1, 2006 in the Indiana Court of Appeals.

• David R. Camm v. Stanley O. Faith, et al., 4:14-cv-00123-TWP-MDL, Defendant Robert Stites’ Memorandum of Law in Support of His Motion for Summary Judgment, filed on May 23, 2017 in the United States District Court for the Southern District of Indiana.

• David R. Camm v. Stanley O. Faith, et al., 18-1440, Joint Brief of Appellees, Rodney Englert, Englert Forensic Consultants, LLC, and Robert Stites, filed on September 13, 2018 in the United States Court of Appeals for the Seventh Circuit. Please see Exhibit 2, which is a copy of our brief that was submitted to the 7th Circuit in this case.

• NextGear Capital, Inc. v. Auto Dreams USA, LLC and Benjamin Frenkel, 29D02-1512-CC-010501, Memorandum in Support of Defendants’ Motion to Correct Error, filed on April 5, 2018 in the Hamilton Superior Court. Please see Exhibit 3, which is a copy of our Motion to Correct Error that was filed in this case.

• Danny Dirienzo and Jocelyn Dirienzo v. Daniel Wahl, et al., 29D03-1403-CT-001984, Plaintiff’s Memorandum in Support of Their Response in Opposition to FSSA’s Motion for Summary Judgment, filed on May 24, 2019 in the Hamilton Superior Court.

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.

• Senate Enrolled Act 382 – Senior Consumer Protection Act (Signed into law on May 11, 2013);

• Senate Enrolled Act 394 – Consumer Protection (Signed into law on March 25, 2014), Please see Exhibit 4, which is a copy of the legislation that was approved by our General Assembly;

• Senate Enrolled Act 349 – Telephone Solicitations (Signed into law on March 25, 2014);

• Senate Bill 307 – Enhanced Consumer Protections for Veterans and Disabled (signed into law on May 7, 2015); and

• House Bill 1456 – Indiana Servicemember’s Civil Relief Act Enhanced Consumer Protections for Veterans and Disabled (signed into law on May 4, 2015).

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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.

• Consumer Protection Law Developments, Second Edition, Author, Indiana Subsection, American Bar Association. I was responsible for synthesizing Indiana’s consumer protection laws in this comprehensive reference geared toward practitioners. Please see Exhibit 5, which is the excerpted chapter from the book.

• “A Guide to Indiana’s Statute of Limitations and Other Time Requirements,” a project of the Indianapolis Bar Association Printed Forms Committee, 2003. This served as an easily accessible reference guide for Indiana’s lawyers to quickly determine the applicable statute of limitations and other time requirements for common actions.

• “Commonly Asked Questions About Indiana Law: A Guide for Pro Bono Service,” Co-author, Indianapolis Bar Association, 2003-2020 (with annual updates). I have written several sections of this comprehensive guide geared toward those attorneys who are serving at an “Ask a Lawyer” event in order to provide a quick overview of the law and allow the attorney providing pro bono service to guide the member of the public.

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.

• In the Matter of the Adoption of TMH and TMH. This is easily the most significant matter that has ever been entrusted to me, as I was able to use my legal skills to complete our family.

• Verified Petition of Duke Energy Indiana, Inc. Requesting the Indiana Utility Regulatory Commission to Approve an Alternative Regulatory Plan Pursuant to Ind. Code §8-1-2.5-1 et seq., for the Implementation of an Electric Distribution System “SmartGrid” and Advanced Metering Infrastructure, Distribution Automation Investments, and a Distributed Renewable Generation Demonstration Project, for Approval of New Depreciation Rates for Electric Distribution Plant, for a Waiver of the Provisions of 170 I.A.C. §4-1, et seq., and for Associated Accounting and Rate Recovery Mechanisms, Including a Ratemaking Proposal to Update Distribution Rates Annually and a “Lost Revenue” Recovery Mechanism, in Accordance with Ind. Code §8-1-2-42(a) and Ind. Code §8-1-2.5-1 et seq., and Preliminary Approval of the Estimated Costs and Scheduled Deployment of the Company’s SmartGrid Initiative. This began a series of initiatives to improve utility infrastructure in Indiana using advanced metering, energy efficiency, utility outage management, and other automations with the goal of improving utility reliability and ultimately the ratepayer experience. While initially rejected by the Indiana Utility Regulatory Commission, this case was especially important to me, as I was the lead attorney on the case and was able to successfully negotiate an agreement among a diverse group of stakeholders. By identifying the common points of agreement and areas of contention, I helped develop a proposal with components that continue to be implemented today. This is a case that taught me the importance of entering cases with an open-mind and that collaboration can ultimately result in a solution that meets the needs of all parties, regardless of initial perceived differences.

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• State of Indiana v. Connection Electrical Contractors, Inc. doing business as Mister Quik Home

Services. After receiving complaints alleging the company misrepresented the urgency of repairs and charged unusually high prices, I reviewed the matter and recommended the filing of a lawsuit that was ultimately settled. This case is a good example of government working with businesses to develop policies and procedures that not only comply with the applicable law, but also improve customer satisfaction. Customers who were harmed were provided refunds and future customers continue to benefit from the improved business practices.

• Indiana ex rel. Mihalik v. McGraw Hill Financial, Inc. and Standard & Poor’s Financial Services, LLC. Working alongside the federal government and the attorneys general of nineteen (19) states and District of Columbia, this case resulted in a $1.375 billion settlement over allegations that S&P inflated ratings of mortgage-backed securities and other assets that ultimately led to the mortgage crisis. This case is especially important to me, as I spent considerable time researching the issues and ultimately developed the legal theory for the State of Indiana that led to the initiation of suit and ultimately a settlement that brought $21.5 million to Indiana.

• Phillip E. Mannebach v. United States of America. This case is significant to me, because it is indicative of the cooperative nature of the practice of law. Working alongside the Government, we were able to limit our argument by reaching agreement on several issues, including a significant sentence reduction, along with the opportunity to argue for a further reduction of his sentence. The United States District Court for the Southern District of Indiana has appointed me as Criminal Justice Act Counsel in several habeas corpus cases. While these cases are all based upon the premise that the client is wrongfully incarcerated in a state or local prison, they do present unique facts that may or may not result in a reduced sentence. More than that however, these clients are especially important, since many believe the system has failed them and that no one cares. These serve as a reminder of our Oath of Attorneys that we will never reject the cause of the defenseless or oppressed, but also reiterate to our clients (and me) that our judicial system provides a forum to address all wrongs, including those stemming from the government.

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

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

I have worked diligently to improve the law, our legal system, and the administration of justice. As described above, I have worked on legislation to improve our consumer protection laws and Indiana’s consumers are much better protected than before as a direct result of those efforts.

Turning to the legal system, I began law school as an Indiana Conference on Legal Education Opportunity Program (“CLEO”) Fellow. This helped me develop life-long friendships and we have worked to improve diversity among our bar. I serve as the class representative, mentor the next generation of CLEO students and newer lawyers, and continue to advise those that simply need someone to listen.

The Indiana State Bar Association does great work for our state, its bar, and its judiciary. One of my earliest accomplishments was when I was a member of the Racial Diversity Committee. I worked with the Committee and the Indiana Supreme Court to combine their respective jobs programs into the Gateway to Diversity Program. This focused the groups’ efforts into ensuring minorities, low-income, and educationally disadvantaged students were placed in law-related jobs while in law school. Continuing my service from there, I advanced to several leadership roles in the state bar, including chairing the Racial Diversity Committee, where we convened a summit on diversity in the practice of law, and co-chairing the State Legislation Committee, where we developed a CLE for our state legislators on unintended consequences and the need clarify our laws before passage.

I am most proud of my service on the Leadership Development Academy (LDA) Planning Committee. I was a member of the inaugural class of leaders and have been involved ever since. Each year, I help select twenty-five (25) young lawyers and work with them to be leaders in the bar and their communities. I am responsible for developing one of the sessions, and teach one or more of the courses. We typically focus on an area that will help the lawyers further develop a specific skillset, such as navigating conflict, leadership and the law, or public service. Establishing life-long relationships, serving as a mentor and offering advice, and helping these lawyers grow is rewarding. During the graduation ceremony, as we reflect on our experiences, I am reminded that Indiana will be well served in the future by these lawyer-leaders. The outcomes speak for themselves—many LDA graduates serve as leaders in our local and state bar associations, various boards and committees in their communities, and several have pursued political and judicial office.

I am also active in our Asian Pacific American Bar Association of Indiana. I was a founding member and am currently helping to improve society by identifying opportunities to serve and encouraging our members to do so, whether this is through the various government boards and commissions, or by running for office.

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Mentoring is among the best ways to improve the legal system, but this is not limited to just lawyers. I also mentor students, both formally and informally. This starts with the undergraduate students I teach each semester. I encourage them to consider law school and help them by setting up appointments and writing letters of recommendation. Once in law school, students know they can call me with any issues that might arise.

Having high quality attorneys on both sides of a case also improves the legal system and administration of justice. To that end, I also serve as faculty for the National Attorneys General Training and Research Institute and have taught at least one course per year to newer Assistant and Deputy Attorneys General from around the country on conducting depositions and trial advocacy. This not only ensures that attorneys are well-prepared and better able to represent their clients, but also creates an additional avenue for mentoring, since some attorneys feel much more comfortable talk to someone outside of their own office.

Finally, I have helped improve the administration of justice by taking a leadership role early in my career with the Indiana Attorney General’s Office. I worked with our press secretary to develop IndianaConsumer.com, a comprehensive resource that helped consumers with filing complaints, learning about the latest scams, or researching companies that were sued by the Attorney General. Automobile purchases were consistently one of the top complaints received by the Office of the Attorney General and I worked to reduce those numbers. To assist consumers and inform them of their rights, I worked closely with Attorney General Zoeller and other stakeholders to develop the Indiana Auto-Buyer’s Bill of Rights (https://www.in.gov/attorneygeneral/files/Consumer_Bill_of_Rights.pdf). I also created a position of an automotive mediator to develop relationships with the automobile dealers to more quickly resolve consumer disputes and serve as a resource to consumers that were looking to purchase an automobile.

Similarly, when Attorney General Zoeller asked me to begin working with licensed professionals, I worked to finalize a Memorandum of Understanding with the Indiana Professional Licensing Board to retain a dentist to serve as an in-house expert and review the complaints that we would receive against dentists. This not only resulted in our team focusing its efforts on those dentists that practiced below the standard of care, but also had the benefit of better preparing our team to present these matters to the State Board of Dentistry.

In addition, I have also written several articles to assist both lawyers and members of the public, including:

• Consumer Protection Law Developments, Second Edition, Author, Indiana Subsection, American Bar Association, 2016

• “A Guide to Indiana’s Statute of Limitations and Other Time Requirements,” a project of the Indianapolis Bar Association Printed Forms Committee, 2003

• “Commonly Asked Questions About Indiana Law: A Guide for Pro Bono Service,” Co-author, Indianapolis Bar Association, 2003-2015 (with annual updates)

• “Indiana Lemon Law: You’re Protected From Defective Late Model Vehicles,” Indiana Office of the Attorney General, 2005

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• “Internet Auction Scams: Keep Your Money Safe in Cyberspace,” Indiana Office of the Attorney General, 2005

• “Networking and Your Legal Career . . . In 150 Words or Less,” Indiana Supreme Court, 2001

• “New Section Targets Public Sector,” Indiana Lawyer, July 16-29, 2003, p. 15 • “Participate in Indiana’s Gateway to Diversity Program When Hiring Summer

Clerks,” Res Gestae, September 2003, p. 18-19 • “Phishing: Be Suspicious of Unsolicited E-mails You Receive,” Indiana Office

of the Attorney General, 2005 • “Safe Computing: Beware of Spyware, Learn the Clues,” Indiana Office of the

Attorney General, 2005 • “SPAM Scams: How to Protect Yourself,” Indiana Office of the Attorney

General, 2005

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.

As a long-time supporter of the Indiana Bar Foundation, I have contributed to civics education and have also volunteered to judge We the People competitions, which is where Indiana’s students are asked to testify before a committee of judges and apply Constitutional principles to relevant historical and contemporary issues.

As an adjunct faculty member of the O’Neill School of Public and Environmental Affairs, I teach a course in law and public policy. This is a survey of how policy is created, and we review various materials, including readings, videos, and personal experiences, including my own, to discuss how policy is created at the federal, state, and local level. The final project then requires students to apply what they learn to tackle an issue important to them and provides them the tools and a basic outline for having that issue heard by our officials. This is a skill that will continue to serve these students as they become more involved in their communities.

Finally, Attorneys General Carter and Zoeller often called upon me to appear on their behalf to educate the public on important issues. As a result of this opportunity, I have developed a relationship with members of our media and have been quoted or appeared on camera many times, including the following:

• They Cut Out Their Credit Cards, CNN Money, June 18, 2008 • AG’s Office Warns Hoosiers of Text Messaging Scam, WRTV 6, May 3, 2012 • “Do Not Call” List Offers Limited Protection Against Spam Texts, WTHR 13, May 3, 2012 • AG’s Office Warning Vets About Memorial Day Scams, WIBC 93.1, May 25, 2012 • Lawsuit Takes on Debt-Modification Firm, Indianapolis Business Journal, May 26, 2012 • AG Investigating Telemarketers Who Ignore Do Not Call List, WTHR 13, May 31, 2012 • Pfizer Settles, Accused of Unapproved Marketing, WIBC 93.1, December 13, 2012

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• State Monitoring Probe of Target Stores’ Security Breach, WIBC 93.1, December 27, 2013 • Attorney General Sues “Mr. Quik”, WIBC 93.1, January 2, 2013 • Attorney General Suing Home Service Provider Over Over-Charging, Fox 59, January 2, 2013 • Considering an Extended Auto Warranty?, Angie’s List Magazine, February 22, 2013 • Best and Worst Charity Rankings Show Importance of Research, Fox 59, June 14, 2013 • Indiana Joins Lawsuit Against Standard & Poor’s, NPR, June 29, 2013 • Phone Scammers Spoof Police Number, Threaten Arrest, WTHR 13, August 10, 2013 • Consumer Watchdog Skeptical of Prescription Drug Card Discounts, WTHR 13, September 2,

2013 • Attorney General Asks FDA for Tighter Rules on E-Cigarettes, NPR, September 25, 2013 • Indiana, 39 Other Attorneys General Ask FDA to Regulate E-Cigarettes, WIBC 93.1,

September 25, 2013 • Telecom Company Being Investigated for Information Breach, NPR, September 30, 2013 • Affordable Care Act Scams, IndyStyle TV, October 10, 2013 • Attorney General Warns of Health Care Schemes, WISH TV 8, October 10, 2013 • Not Enough Research to Determine Effects of E-Cigarettes, WKVI 99.3, February 26, 2014 • Vehicle Complaints Top List in Indiana, South Bend Tribune, March 10, 2014 • Indiana Property Scams & How to Protect Yourself, Real Estate Certification Program, March

17, 2014 • Car Dealer to Repay Customers for Charging Excessive Fees, Current in Carmel, March 19, 2014 • Hundreds of Propane Customers File Price Gouging Complaints, NPR, March 21, 2014 • Phony IRS Calls Cash in on Trusting Customers, WTHR 13, April 1, 2014 • Attorneys General Join Forces to Solve “Robocall” Problem, WISH TV 8, April 8, 2014 • Former Radio Host Arrested for Identity Theft, WISH TV 8, April 15, 2014 • State Settles Complaints Against Kia, The Star Press, May 1, 2014 • Consumers Get Refunds After Car Dealer Couldn’t Document It Applied Protective Coating,

RTV6, May 1, 2014 • City Attorney Named Bar Foundation Fellow, Daily Journal, May 2, 2014 • Identity Theft Scheme Tells Victims They Won Lottery, WISH TV 8, June 26, 2014 • Eighteen Attorneys Become Indiana Bar Foundation Fellows, Indiana Bar Foundation

Release, June 30, 2014 • New Law Safeguards Children Against ID Theft, Indianapolis Star, July 3, 2014 • Test Preparation or Predator? The College Network Faces Complaints, Lawsuit, The Indianapolis

Star, August 10, 2014 • AG’s Office Cites Rise in Telephone Marketing Scams, WIBC 93.1FM, aired August 15, 2014 • Beware of the Lottery Scam, The Huffington Post, August 19, 2014 • Authorities on Watch for “Liar Car Loans”, WIBC 93.1, October 8, 2014 • IN Attorney General’s Office Warning About Auto Loan Fraud, NPR, October 9, 2014 • Tips on how to Protect Your Identity on Black Friday, Fox 59, aired November 26, 2014

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

I am very active in the United Methodist Church. This starts with my local church, Center United Methodist Church, located in Indianapolis, but I have also been appointed to serve as the Central District Lay Leader to the Indiana Conference, as well as serve as Vice-President of Metro Ministries, Inc., the outreach arm of the Central District.

Much of my efforts have been focused on our local church, where I have worked to develop ministries that might be applied throughout Indianapolis, or the surrounding communities. First, when we underwent a recent $500,000.00 remodel, I challenged our Administrative Council to identify ways to better serve our community. Among the ideas I championed, were ensuring that our children’s could eventually be expanded to provide free or low-cost child care to our neighbors, as well as creating meeting space with many of the amenities you might find in a conference center, including comfortable seating, moveable tables, and media capabilities, all of which allow us to better host neighborhood meetings.

We have also begun working with a nearby elementary school, Abraham Lincoln Elementary School, located in Perry Township, which has about 85 – 95% of its students on free or reduced lunch, to identify ways to help the students and teachers. We have essentially adopted this school and the principal knows that if there are any needs, the school should not hesitate to ask. This has resulted in members of our church regularly tutoring students, conducting clothing drives to ensure the students have uniforms and warm coats, and providing lunches to teachers and treats to students during testing. This was started by my simply asking that we invite the principal to our yearly retreat and has since become a wonderful partnership to improve the lives of families living in our neighborhood.

Building upon this success, we have begun working with the Indianapolis Metropolitan Police Department. This was the result of my suggesting we reach out to the police to learn more about the needs of the community. As a result of this encouragement, our pastor became the most recent chair of the Community Resource District Council for the Southwest District. This provided us additional information on areas of concern and develop new ministries to address them.

As a result of our pastor’s leadership, we learned of a need for blankets for crime victims and their families that might find themselves waiting outside in the middle of the night. We also learned of a need for gift cards, especially for restaurants and grocery stores that are open late at night, in order to provide food and supplies for those that may have had to quickly leave their homes. Again, this is the result of me bringing the groups together and asking how we can help.

I have brought what we learned at Center Church to Metro Ministries, where we established a grant to churches that wish to partner with local schools. This will not only allow us to determine whether our success can be replicated, but also whether this should be implemented state-wide. We are also working on ways to better serve the churches in our

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community. When searching for new office space, we decided to create a win-win situation by identifying churches that needed additional support and chose a local church that not only benefits from the rental payments, but has gained additional activity during the week. Furthermore, as an organization that awards grants to various ministries, I have also worked to establish additional mentoring and training in order to help ensure our partners are successful. Finally, we have implemented additional reporting to assist with accountability.

My current efforts are to implement this throughout the state. Working alongside our Conference Superintendent, we have begun identifying how we can bring the collective resources of our United Methodist Churches and their members toward solving those larger problems that plague our community. We are still in the planning stages, but are currently working on retiring crushing medical debt for those in our community and providing emergency overnight housing for crime victims.

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

During my time in state government, I was limited in my ability to provide pro bono services due to the potential conflicts that might arise. Much of my pro bono service during that time was limited to serving anonymously at a Talk to a Lawyer event. Even with these limitations, my wife and I continued to donate funds to support pro bono activities and I became a Fellow of the Indianapolis Bar Association and a Patron Fellow of the Indiana Bar Foundation.

We have continued to donate money since I entered private practice, but I am now better able to also donate my time in order to serve those that cannot otherwise afford legal counsel.

I have served as recruited counsel for the United States District Court for the Southern District of Indiana, where I have taken several cases a year. More importantly, I often request that the Court assign me to cases where it has had difficulty finding volunteers, including cases where inmates are suffering from inadequate medical care. In addition, one of our partners, Mario Garcia, serves on the Re-Entry and Community Help (REACH) team, which is a program that was created by Judge Larry McKinney to assist ex-offenders with re-entry issues. I have been given the opportunity to represent ex-offenders when Mario is unavailable to attend a meeting. My role here is to serve as the advocate and help guide the REACH participants to the resources that might help with re-entry. Beyond this, I have also been able to help the participants with their legal issues, including obtaining specialized driving privileges, using my knowledge of state government to point them in the right direction if they have issues with a particular state agency, or provide pro bono representation if they are unfortunately accused of violating a term of probation or reoffending.

Finally, I have provided pro bono service to current or former students, cases referred to me by my pastor, or other members of the communities. This has ranged from assisting with protective orders, providing expungements, representing clients in litigation, or simply providing advice on how best to handle situations.

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

• Continuing Legal Education Programs Speaker o Abraham Lincoln, The Dalby Trial, and Modern Practice, Indianapolis Inn of Court

(2004) o Responding to a Government Investigation, Allen County Bar Association Bench Bar

Conference (2007) o Meet the Office of the Attorney General, Indiana Continuing Legal Education Forum’s

Consumer Law Conference (2012) o Consumer Protection for the Solider, Indiana State Bar Association’s Lawyers for

Soldiers Program (2013) o NAGTRI Deposition Skills Training, National Attorneys General Training and

Research Institute (2014 - Present) o Deputy Attorney University Boot Camp, Indiana Attorney General’s Office, (2013) o NAGTRI Anatomy of Complex Civil Litigation, National Attorneys General Training

and Research Institute (2014 and 2015) o Who is the Client?, Indiana State Bar Association’s Applied Professionalism Seminar

(2014) o Litigating TROs and Preliminary Injunctions, Indianapolis Bar Association (2014) o Litigating TROs and Preliminary Injunctions, Hancock County Bar Association (2014) o Media and Crisis Communication Training, Indiana State Bar Association’s Leadership

Development Academy (2015 – Present) o Trial Advocacy Training, National Attorneys General Training and Research Institute

(2013 – Present) o Health Care Law in Indiana, Indiana Continuing Legal Education Forum (2016) o Navigating Ethical Pitfalls as a Government Attorney, Inspector General 9th Annual Legal

& Ethics Conference (2016) o Professional Licensing and Disciplinary Actions, Indiana Continuing Legal Education

Forum (2016) o You’re Married to Paperless Lawyering . . . For Better, or For Worse, Indianapolis Inn of

Court (2017) o Genetic Privacy Indianapolis Inn of Court, (2020)

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• Indiana University Kelley School of Business Indianapolis, Indiana 2003 – Present

o BUS L100 Personal Law (Responsible for the design of this course, including the creation of a course guide, course outcomes, and course assessments).

o BUS L203 Commercial Law

• Indiana University O’Neill School of Public & Environmental Affairs Indianapolis, Indiana 2015 – Present SPEA V376 Law and Public Policy (Responsible for the design of this course, including converting it into a hybrid course with online and in-class components).

• Indiana Wesleyan University

Marion Indiana 2002 – Present

o ADM447 – Business Law o ADM550 – Ethics, Law, and Leadership o BUS225 – Legal Environment of Business o MGT425 – Issues in Ethics o MGT445 – Ethical and Legal Business Concepts (Responsible for the design of this

course, including the creation of a course guide, course outcomes, and course assessments).

o MGT450 – Negotiation/Conflict Resolution o MGT525 – Managerial Ethics o PLS231 – Wills, Trusts, and Estates (Responsible for the design of this course,

including the creation of a course guide, course outcomes, and course assessments).

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8. Memberships and Other Activities

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

• American Bar Association (http://www.americanbar.org)

The American Bar Association exists to serve equally its members, the profession, and the public by defending liberty and delivering justice as the national representative of the legal profession. I wrote a chapter in the Second Edition of Consumer Protection Law Developments to help practitioners better understand Indiana law.

• Asian Pacific American Bar Association of Indiana (http://apaba-in.org/)

APABA-IN promotes the common business interests of Asian Pacific Americans in the legal profession in Indiana. I was a founding member of the organization and recently joined the board in 2016. We have primarily worked on developing continuing legal education programs, identifying opportunities for increased participation by Asian-American attorneys in the community, and social gatherings.

• Indiana Bar Foundation (www.inbf.org/)

The Indiana Bar Foundation is a charitable organization dedicated to strengthening access to justice and appreciation for the rule of law in Indiana. I am a Patron Fellow and member of the Keystone Society. I became a Fellow in 2004, and more recently, my wife and I increased our level of support to ensure the availability of civic education and pro bono opportunities in our state. I have also volunteered to judge “We the People”, a civic education program that allows school children to participate in mock Congressional hearings and argue their assigned policy positions.

• Indianapolis Bar Association and Foundation (www.indybar.org)

The Indianapolis Bar Association exists to serve its members, promote justice, and enhance the legal profession. I have held the following roles:

o Board of Directors, 2015 – 2016

o Indianapolis Bar Foundation Development Committee, 2012 – Present

o Law Student Division, Executive Committee, 1998 – 2001

o Justice Center Taskforce, 2005 – 2008

o Public Sector Attorneys Section, Founding Member and Chair, 2003-2004

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• Indianapolis Inn of Court and Sagamore Inn of Court (http://inns.innsofcourt.org/for-members/inns/the-sagamore-american-inn-of-court.aspx)

The Inn of Court is an international organization of judges and lawyers dedicated to advancing skill, competency, and civility in the legal profession. I was a law student member while in school and resumed my membership in 2014 as a barrister. The Inn meets regularly throughout the year for dinner and an educational program by a team of members.

• Indiana State Bar Association (www.inbar.org)

The Indiana State Bar Association works to improve the administration of justice and promote public understanding of the legal system. I have been a member since I began law school in 1997 and have served in several leadership roles, including:

o Articles & Bylaws, Chair, 2018 – Present

o Board of Governors, 2013 – 2015

o Budget Committee, 2012 – 2013

o Continuing Legal Education Committee, Vice Chair, 2015 – 2017

o Diversity Subcommittee, 2008 – 2013

o Leadership Development Academy Planning Committee, 2012 – Present

o Nominating Committee, 2016 – 2018

o Racial Diversity in the Legal Profession, Chair, 2002 – 2005

o Service Committee, 2012 – Present, Vice Chair 2019

o State Legislation Committee, 2008 – Present, Vice Chair 2008

o Utility Law Section, 2007 – 2012, Chair, Consumer Services, 2012

• Indiana University Robert H. McKinney School of Law Alumni Board (https://mckinneylaw.iu.edu/alumni-donors/alumni-leadership/iuaa-directors/index.html)

I serve as a member of the Board of Directors for my law school. I have served on the Board since 2014. In this role, I have served as a member of the scholarship committee that awarded scholarships to promising students to help offset the costs of law school. More recently, I have been asked to chair the student recruiting committee, which allows me to engage with prospective students and encourage them to attend law school, and more specifically, the McKinney School.

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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.

• Center United Methodist Church (www.Center-UMC.org)

Center United Methodist Church is located on the southside of Indianapolis and its mission is to help people become fully devoted followers of Christ. Its vision is to introduce people to Jesus and develop Christians to serve our community.

I have been a member of Center United Methodist Church since 1996. My first leadership role was as a member of the Board of Trustees from 2001-2004. In 2004, I was part a core team of leadership that established a second service at an off-site location. I was later appointed as Head Usher of that service when it returned to our church, a position I still hold today.

I was then appointed to our Finance Committee. I served as a member from 2005-2012 and chaired the committee from 2009-2012. As Chair, our focus became paying off our debt to provide additional options for our future. I was also asked to deliver the annual stewardship message. As giving continued to increase, we retired our debt much earlier than planned.

I was then asked to chair our Board of Trustees, a position I held from 2013-2016. In this position, I oversaw capital improvement projects, including the renovation of our church’s Great Hall and resurfacing of our parking lot, without incurring debt.

My current leadership position began in 2016, where I was appointed chair of our Administrative Council. The Administrative Council consists of the chairs of each church committee, as well as other church leaders. As chair, my focus has been developing new ministries that serve our local community and establishing a strategic plan, including revising our mission and vision statements, to focus on the future.

• FBI Indianapolis Citizens Academy Alumni Association (fbicaindiana.com)

The mission of the FBI Citizens Academy Alumni Association is to promote greater understanding and support of the FBI in the interest of national security and the protection of civil liberties. I have attended several educational programs where FBI Special Agents discuss high-profile cases they have investigated.

• Greater Indianapolis Emmaus Community (http://www.indyemmaus.org/)

The Emmaus community empower leaders to be the hands and feet of Christ. This is done through a “Walk to Emmaus,” a 72-hour experience that educates, equips, and inspires attendees to become more involved in their churches, communities, and places of work. My Emmaus Walk was in 2004. Since then, I served as a Table Leader in 2010 and 2011, where I spoke on the importance of study and servant leadership. I then served as an Assistant Lay Director in 2013 and 2015, where I became part of a team that was responsible for all aspects of the planning and execution of the Walk.

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• Metro Ministries, Inc. (http://www.indymetroumc.org/)

Metro Ministries is the outreach arm of the Central District of the United Methodist Church. It exists to connect United Methodist Churches and Community Ministries for the purposes of “making disciples of Jesus Christ for the transformation of the world.”

I joined the Board in 2014 and have served as Vice-President since 2015. In this role, I work with the 109 United Methodist congregations within the Indiana Central District to identify strategic partnerships and provide access to resources that allow those ministries to succeed. I am also active on the finance committee, where I assist the organization in distributing grants and monitoring the use of those funds, as well as ensuring that we operate within budget.

• Indiana Conference of the United Methodist Church (https://www.inumc.org/)

I was appointed Lay Leader of the Central District of the United Methodist Church in March 2018. The Central District consists of 85 pastors and 110 local churches with approximately 34,620 members located in Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby county. I work alongside the Conference Superintendent to identify issues within the Central District and look for opportunities to bring together the collective resources of the Central District to make long-term changes that ultimately improve our community.

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.

None.

D. Describe your hobbies and other leisure activities.

My wife and I are very active in our children’s activities, which include volleyball, soccer, band concerts, and other school activities. Our family is also a huge fan of Disney and travel to Walt Disney World annually as members of the Disney Vacation Club. In addition, I enjoy reading non-fiction books, primarily business and history, watching movies, and playing video games with our boys. Finally, my friends have deemed me a foodie, since I enjoy eating at different restaurants, often post photos to Yelp and my Facebook page, and am quick to provide recommendations, including when they are traveling.

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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.)

• State of Indiana v. Allen R. Kleiman, individually and doing business as NoveltyWorksDegrees.com, 49D04-0612-PL-052207 December 2006 Marion Superior Court I was sued when serving as a Deputy Attorney General for the State of Indiana by the Defendant in this action. The Defendant alleged I interfered with his business when I filed suit on behalf of the State and sought and enforced a preliminary injunction barring him from continuing to sell fake college diplomas. The matter was eventually dismissed.

• In the Matter of the Adoption of TMH and TMH, Cause number unknown

November 2011 Marion Superior Court My wife and I were the Petitioners in an adoption proceeding.

• State of Indiana v. Terry W. Tolliver, 49G13-1809-IF-048288, Marion Superior Court Alleged speeding infraction that was ultimately dismissed by the Court.

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.

Not Applicable.

C. If you have been disciplined or cautioned, formally or informally, by the Indiana Supreme

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

Not Applicable.

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

explain.

Not Applicable.

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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).

• Ryan Bland

• Brian Reitz

• Mark Snodgrass

B. Provide the names of three professional references other than those listed in Subsection 10A (contact information to be included in Part Two of this application).

• Tonya Bond

• Mario Garcia

• Justin Hazlett

C. Provide the names of three personal references other than those listed in Subsection 10A or 10B (contact information to be included in Part Two of this application).

• Anthony Hanna

• Rev. Dan Rasmussen

• Cynthia Ridgeway

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11. State Police Release Form and Photograph

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

Please see Exhibit 6, which is a copy of the release form in the original application and a blank document on green paper for the copies.

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

Please find a color photograph attached to the front of the application.

March 16, 2020

Date Applicant Signature

Terry Tolliver

Printed Name