Judicial 251 N. Illinois Street, Suite 1600 , IN 46204 Nominating Commission (317) 232-4706

Application for the Court of Appeals of Indiana

The application for the Fall 2021 Second 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. 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 [email protected]. Part One, Sections 1-11

1. Contact/General Information A. Full legal name and any former names. Patrick William Price, no former names

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. Francis William Price, Jr., M.D., 70, father, Ophthalmologist, Owner of Corneal Consultants d/b/a Price Vision Group; Marianne O’Connor Price, Ph.D., 68, mother, Executive Director, Cornea Research Foundation of America; M.S-P., 17, son; M.S-P., 15, daughter; N.S-P., 9, son; and R.S-P., 5, daughter.

C. Business address, email, and telephone number. Indiana Office of Management and Budget , Room 215 200 W. Washington Street Indianapolis, Indiana 46204 [email protected] (317) 232-5626

D. Attorney number. 25058-49

E. Month and year you were admitted to the Indiana Bar. October 2004 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. Not applicable

F. Date and place of birth. April 1, 1977, in Indianapolis, Indiana

G. County of current residence and date you first became a resident. I am a resident of Marion County and have been for my entire life. There have been periods when I temporarily lived in other locations, most notably during college and law school, but I have always returned to Marion County and considered it my county of residence.

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, Bloomington, Indiana Enrolled August 1996 - May 2000 B.A. Chemistry 2000 B.A. Spanish 2000 Certificate Liberal Arts and Management 2000 Graduation with Highest Distinction 2000 Harry S. Truman Scholar 1999 ($30,000 Congressional scholarship for leadership and public service) Phi Beta Kappa 1999 Indiana University Wells Scholar 1996 (full-ride academic scholarship) National Merit Scholar 1996 Robert C. Byrd Scholar 1996 (federal scholarship for academic merit awarded by Congressional district)

Facultad Latinoamericana de Ciencias Sociales (FLACSO), Buenos Aires, Argentina Enrolled March 1999 - July 1999, no degree (study abroad program through Council on International Educational Exchange (CIEE))

Universidad de Buenos Aires, Buenos Aires, Argentina Enrolled March 1999 - July 1999, no degree (study abroad program through Council on International Educational Exchange (CIEE))

Universidad de Palermo, Buenos Aires, Argentina Enrolled August 1998 - December 1998, no degree (study abroad program through Knox College) 2

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.)

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

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. Yale Law School, New Haven, Connecticut Enrolled August 2001 - May 2004 J.D. 2004 Yale Law School does not issue traditional grades; instead, students receive the following grades: Honors, Pass, Low Pass or Fail. Under this system, there is no way to a calculate class rank or grade point average.

Faculdade de Direito - Universidade de São Paulo (Faculty of Law of the University of São Paulo), São Paulo, Brazil Enrolled Summer 2002, no degree (study abroad program through Yale Law School Latin American Linkage Program) – no transcript available because no academic credit received.

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.)

4. Employment A. Provide your employment history since graduation from college. Include name of employer, titles or positions, locations, and dates of employment. State of Indiana Indianapolis, Indiana December 2013 – Present

Indiana Office of Management and Budget Indiana Statehouse, Room 215 200 W. Washington Street Indianapolis, Indiana 46204 November 2019 – Present: Special Counsel Office of Management and Budget, General Counsel State Budget Agency 3

Indiana Department of Revenue Indiana Government Center North 100 N. Senate Avenue, Room N248 Indianapolis, Indiana 46204 February 2017 – November 2019: General Counsel October 2015 – February 2017: Deputy Commissioner and Special Counsel for Policy and Compliance

Indiana Office of Technology Indiana Government Center North 100 N. Senate Avenue, Room N551 Indianapolis, Indiana 46204 June 2015 – October 2015: General Counsel

Indiana Bureau of Motor Vehicles Indiana Government Center North 100 N. Senate Avenue, Room 402 Indianapolis, Indiana 46204 December 2013 – May 2015: General Counsel

Indiana University Maurer School of Law 211 S. Indiana Avenue Bloomington, Indiana 47405 January 2019 – Present: adjunct professor

Barnes & Thornburg, LLP 11 S. Meridian Street Indianapolis, Indiana 46204 July 2007 – November 2013: associate attorney

Chambers of Hon. Neil Gorsuch United States Court of Appeals for the Tenth Circuit 1823 Stout Street Denver, Colorado 80202 January 2007 – June 2007: law clerk

Hamilton County Prosecutor’s Office 1 Hamilton County Square, Suite 134 Noblesville, Indiana 46060 August 2006 – January 2007: deputy prosecutor

Indiana University Robert H. McKinney School of Law 530 W. New York Street Indianapolis, Indiana 46202 August 2006 – December 2006: adjunct professor

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Chambers of Hon. Sarah Evans Barker United States Court for the Southern District of Indiana Birch Bayh Federal Building & U.S. Courthouse 46 East Ohio Street Indianapolis, Indiana 46204 August 2004 – August 2006: law clerk

Foley & Larder LLP 777 East Wisconsin Avenue Milwaukee, Wisconsin 53202 May 2003 – July 2003: summer law clerk

Indiana Legal Services Market Square Center 151 North Street, Suite 1800 Indianapolis, Indiana 46204 May 2002 – July 2002: summer legal intern

Cornea Research Foundation of America 9002 North Meridian Street, Suite 212 Indianapolis, Indiana 46260 June 2001 – August 2001: research assistant

Anteon (n/k/a General Dynamics) Three Crystal Park 2231 Crystal Drive, Suite 1000 Arlington, Virginia 22202 September 2000 – March 2001: Program Management Specialist II

Department of Defense Office of the Secretary of Defense SOLIC-IA, Office 4C800 2500 Defense Pentagon Washington, D.C. 20301 May 2000 – September 2000: Outstanding Scholars Program summer intern

Kaplan Test Prep Kaplan Educational Centers 2025 M Street, NW Washington, D.C. 20036 June 2000 – August 2000: MCAT instructor

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.

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I have broad ranging legal experience with various emphasis in commercial litigation, financial damages assessments, employment litigation, immigration, appellate practice, class action litigation, constitutional law, criminal law, tax law, administrative law, financial management, data sharing and privacy law, and public records law.

Over my career I have tried four jury trials, 25 bench trials, and over 60 evidentiary hearings. I have examined or cross-examined over 140 witnesses in open court, including more than 20 expert witnesses. I have appeared before state and federal courts, the Equal Employment Opportunity Commission, Indiana Civil Rights Commission, Department of Labor, United States Citizenship and Immigration Services, California Department of Fair Employment and Housing and the Indiana Department of Workforce Development. Because my practice of law has changed with time, it is easier to categorize my experience through my various positions*:

November 2019 – Present: I serve as Special Counsel for the Office of Management and Budget and General Counsel for the State Budget Agency. My practice is focused on statutory and regulatory review, management of federal COVID-19 relief funding, and review and updating of financial management circulars. I also serve as agency ethics officer for the State Budget Agency. Within the Office of Management and Budget, I am supervised by Justin McAdam, Deputy Director & Chief Legal Counsel, and Cristopher Johnston, Director, and I work closely with Jessica Mehrlich, Operations and Policy Assistant. Within the State Budget Agency, I work closely with Zachary Jackson, Director; Joe Habig, Deputy Director; Lisa Acobert, Deputy Director; Luke Kenworthy, Director of Federal Grants Policy and Management; and Steve Daniels, Director of Financial Management.

February 2017 – November 2019: I served as General Counsel for the Indiana Department of Revenue and oversaw a department of 22 people. I managed the administrative appeal process for the Department as well as oversaw the Department’s litigation, which was primarily before the Indiana Tax Court but also included matters before the , Indiana trial courts, and the Bankruptcy Courts in the Northern and Southern Districts of Indiana. The litigation matters all involved tax law or motor carrier programs administered by the Department, but included significant issues present across litigation such as discovery and evidentiary standards, expert witnesses, spoliation, damages, etc. My supervisor was Adam Krupp, Commissioner. My direct reports were Doug Klitzke, Deputy General Counsel; Lena Snethen, Deputy General Counsel; Patrick Gallagher, Director of Legal of Operations; Jim Clark, Assistant General Counsel – Litigation; Larry Molnar, Assistant General Counsel – Agency Advising; and Sarah Kamhi, Assistant General Counsel – Motor Carrier Services.

October 2015 – February 2017: I served as Deputy Commissioner and Special Counsel for Policy and Compliance for the Indiana Department of Revenue. I managed a department of 20 people focused on internal agency compliance with state and federal requirements, disclosure of taxpayer information, internal controls, and criminal investigations. I also served as agency ethics officer and managed the revision and consolidation of agency policies into a handbook. I conducted an extensive legal compliance review of Motor Carrier Services operations and oversaw the remediation effort of the findings. My client was always the Indiana Department of Revenue, but my function was to serve taxpayer interests as an internal check on the agency. My supervisors were Andrew Kossack, Commissioner, and Chris Atkins, Commissioner. My direct reports included Dwaine Brinson, Director of Investigations; Tammy Jones, Taxpayer Advocate; Laura

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Bates, Taxpayer Advocate Office; Cora Steinmetz, Special Counsel, Compliance & Ethics; and Jared Prentice, Special Counsel, Compliance & Ethics.

June 2015 – October 2015: I served as General Counsel for the Indiana Office of Technology. My practice was almost entirely transactional and focused on non-disclosure, data sharing, and privacy agreements in support of the Indiana Office of Technology and the State’s Management and Performance Hub. I also served as agency ethics officer. My supervisors were Paul Baltzell, Chief Information Officer; and Dewand Neely, Chief Information Officer. I worked closely with Caroline Bradley on ethics matters.

December 2013 – May 2015: I served as the General Counsel of the Indiana Bureau of Motor Vehicles. My practice focused on class action litigation, constitutional law, criminal law, motor vehicle fee and tax law, driving privileges law, administrative law, and public records law. I managed the agency litigation caseload of over 120 open cases, including multiple high-profile class action lawsuits. I oversaw an extensive legal compliance review of administrative proceedings, agency notices, public record request responses, agency fees and taxes, and driver offense penalties in response to legal challenges to agency practices. My client was always the Indiana Bureau of Motor Vehicles. I reported to Don Snemis, Commissioner. My direct reports included Melissa Reynolds, Deputy General Counsel; Cora Steinmetz, Deputy General Counsel; Rachael Ehlich, Associate General Counsel; Kyle Bonick, Associate General Counsel; Sarah Kamhi; Associate General Counsel; and Pamela Walters, Associate General Counsel.

2011 – November 2013: I was an associate in the litigation group at Barnes & Thornburg. My practice focused primarily on commercial business disputes representing the State of Indiana or large companies suing insurance companies. My focus in these cases was frequently on issues of complex financial damages. In addition, I specialized in public records law and represented government clients and winners of government contracts. Finally, I represented small businesses with regulatory compliance issues. Representing the State, I primarily worked with a small team composed of John Maley, Peter Rusthoven, Curt Greene, Meredith White, Kyle LeClere, and Roxanne Larrison (paralegal). I addition, I worked with Paul Jefferson, Mike Rosiello, Andrew Detherage, Chris Jones, and Charlie Edwards.

July 2007 – 2011: I was an associate in the labor and employment group at Barnes & Thornburg. My practice was split between employment law, contract litigation, financial damages assessments, and regulatory compliance. My practice included full-service employment law and I handled wage and hour disputes, reductions in force, employment discrimination claims, workplace safety regulations, employee contracts, independent contractor agreements, employee handbooks, and release agreements. I also performed detailed financial analysis in numerous cases to estimate liability, evaluate damage claims, and prepare settlement agreements. My typical clients were government entities and large corporations. In addition, I represented small businesses with regulatory compliance issues. I worked with a variety of attorneys in different capacities. My supervisors on different matters included Richard Winegardner, Kenneth Yerkes, John Maley, Stephanie Blackman, Hannesson Murphy, and Susan Zoeller. In addition, I worked closely with David Pryzbylski, Roxanne Larrison (paralegal), and Jeannette Holden (paralegal).

January 2007 – June 2007: I was a federal appellate court law clerk and researched legal issues and prepared draft opinions and memoranda focused primarily on the court’s criminal docket. I

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was supervised by the Hon. Neil Gorsuch. My co-clerks were Mike Davis, Heather Kirby (Lyions), and Jessica Greenstone.

August 2006 – January 2007: I was a deputy prosecutor in Hamilton County Indiana. I represented the State of Indiana in jury trials, bench trials, suppression hearings, violation of probation hearings, and depositions. I managed a caseload of 800-1,000 open misdemeanor and D Felony cases. I was supervised by Joel Hand. I worked closely with Bob Summerfield.

August 2004 – August 2006: I was a federal district court law clerk and researched legal issues and prepared draft opinions and memoranda on a full range of trial court issues, including employment discrimination, constitutional law, class actions, and criminal cases. I was supervised by the Hon. Sarah Evans Barker. My co-clerks were Cynthia De Nardi (Ipson) and Kristine Seufert. In addition, I worked closely with Diane Quinn (judicial assistant), Barbara Williamson (courtroom deputy), and Pamela Schneemann (courtroom deputy).

* I have done my best to identify supervisors and direct reports. In addition, I have tried to identify additional individuals where appropriate when the nature of the working environment was a small group of close collaborators. Due to the number of different roles I have had in my legal career, it is impossible to list everyone with whom I have worked.

5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. As a deputy prosecutor, I tried four criminal cases to jury verdict, two as chief counsel and two as associate counsel. While at Barnes & Thornburg, I assisted with one jury trial focused on breach of contract related to sewer development in a housing subdivision. As a federal district law clerk, I assisted the court with an estimated six to ten jury trials.

B. Describe the extent of your bench trial experience, if any. As a deputy prosecutor, I tried fourteen criminal bench trials to verdict, ten civil traffic infraction bench trials to judgment, and approximately sixty violations of probation cases to decision. I tried almost all these matters as sole counsel. As an associate with Barnes & Thornburg, I tried a breach of contract case to verdict as one of three lead trial counsel on a six-week bench trial. I also assisted with briefing on several cases that proceeded to decision, not settlement. I would need to review my old files at Barnes & Thornburg to know the exact number. I also tried several administrative cases to decision in a variety of capacities, several as sole counsel. I would need to review my old files at Barnes & Thornburg to know the exact number. As General Counsel of the Indiana Bureau of Motor Vehicles, I personally tried one administrative proceeding to decision as sole counsel. I managed outside counsel handling dozens of bench trials to decision in State trial courts. I also managed an administrative appeals department that conducted over 100 administrative proceedings to decision. As General Counsel of the Indiana Department of Revenue, I managed outside counsel who handled two bench trials to decision (several other decisions were issued during my tenure from 8

bench trials which predated my role as General Counsel and several other cases were resolved by decisions without trial). I also managed an administrative appeals department that issued over 450 written administrative decisions a year. When I was a federal district law clerk, I assisted the court with several bench trials, but I do not recall the number. As a law student, I tried an asylum case to decision in federal immigration court as lead counsel.

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. Although I have never served as a judicial officer, as the General Counsel of the Bureau of Motor Vehicles and again as the General Counsel of the Indiana Department of Revenue, I oversaw administrative appeals personnel who issued hundreds of written agency determinations a year. I have no experience presiding over jury trials.

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. Bureau of Motor Vehicles’ brief in The Matter of Indiana Youth Group (Stephen L. Lucas, Special Administrative Law Judge), filed April 17, 2014.

Plaintiffs’ Response to Motion for Summary Judgment on the period of recovery in Opry Mills Mall Limited Partnership et al. v. Arch Insurance Co. et al., 10-1504-IV (Chancellor Russell Perkins), drafted prepared in summer 2013. Note, the insurers’ underlying motion for summary judgment was filed October 12, 2012, and I prepared a draft response during the summer of 2013 before I left Barnes & Thornburg. The response underwent various revisions and was eventually filed on December 18, 2014. I have attached the last version of the brief that I prepared. State’s Proposed Findings and Conclusions in State v. IBM, 49D10-1005-PL-021451 (Hon. David Dreyer), filed May 9, 2012. Appellee’s brief in Haegert v. University of Evansville, 82A01-1008-PL-00369, Haegert v. McMullan, 82A04-1008-CT-00470 (Indiana Court of Appeals), filed January 31, 2011. Note, I have attached the last version of this brief that I have in my files. I believe this is, or very close to, the final version filed. Appellee’s brief in Everroad v. Scott Truck Systems, Inc. 08-3311 (United States Court of Appeals for the Seventh Circuit), filed December 18, 2008.

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. 9

I have had varying degrees of involvement with the legislative process for the last seven years while working for the State of Indiana, including reviewing and commenting on numerous legislative drafts. I was most directly involved in the legislative process while I served as General Counsel of the BMV and my job responsibilities also included serving as legislative director. Five major pieces of legislation to which I contributed significantly during this period are: HEA 1305 (2015): Successor legislation to HEA 1279 (2014) that, among other subjects, resolves issues related to criminal offenses for motor vehicle violations and specialized driving privileges. I served as member of a working group with county clerks, judges, Indiana Public Defender Council, Indiana Prosecuting Attorneys Council, and members of the formed in the summer of 2014 to address concerns with the implementation of HEA 1279 (2014). The output of the working group became HEA 1305 (2015). I do not recall if I testified before the General Assembly on this legislation. This is discussed more in Sections 7.A and 7.E below. HEA 1393 (2015): Bureau of Motor Vehicles agency bill that included several clean up provisions, requires the BMV to have an annual internal audit, and establishes simplified administrative review procedures for claims of material error by the bureau. I was substantially involved in the drafting of the legislation, testified before the General Assembly regarding the legislation, and am listed as a contributing source for information in the Fiscal Note. HEA 1237 (2014): Comprehensive recodification of the fees charged by the Bureau of Motor Vehicles. I was substantially involved in the drafting of the legislation, testified before the General Assembly regarding the legislation, and am listed as a contributing source for information in the Fiscal Note. This is discussed more in Section 7.A below. HEA 1279 (2014): Companion legislation to the 2013 criminal code rewrite which covered motor vehicle laws and traffic offense. I worked with members of the General Assembly, Indiana Prosecuting Attorneys Council, and other stakeholders to review the legislation and resolve potential drafting issues. I testified before the General Assembly regarding the legislation and am listed as a contributing source for information in the Fiscal Note. This is discussed more in Sections 7.A and 7.E below. HEA 1343 (2014): Legislation allowing for the registration and plating of motor driven cycles by the Bureau of Motor Vehicles. I worked with members of the General Assembly, Indiana Prosecuting Attorneys Council, law enforcement, and other stakeholders to review the legislation and resolve potential drafting issues. I testified before the General Assembly regarding the legislation and am listed as a contributing source for information in the Fiscal Note.

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. While on the Indianapolis Bar Association’s Standing Committee on Professionalism, I assisted with the creation and drafting of Lawyers In Transition. This information packet was created in 2010 by the Standing Committee on Professionalism to assist lawyers who were displaced because of the economic downturn or otherwise unable to find work. Discussed more in Section 7.C below. Available at: https://www.indybar.org/docdownload/705465&lang=en.

While on the Indianapolis Bar Association’s Standing Committee on Professionalism, I assisted with the selection, filming, and production of the Pause for Professionalism series which 10

highlights professionalism and civility through testimonials and learning moments from the bench and the bar. Discussed more in Section 7.C below. Available at: https://www.indybar.org/index.cfm?pg=PauseforProfessionalismVideos

While on the Indianapolis Bar Association’s Standing Committee on Professionalism, I assisted with the creation and drafting of Getting Along Is Not Wrong series, which is a collection of anecdotes and stories from local judges and attorneys that highlight positive and compelling behavior in the legal profession. Discussed more in Section 7.C below. Available at: https://www.indybar.org/?pg=IndyBarBlog&pos=1&blCat=Professionalism

While on the Indianapolis Bar Association’s Standing Committee on Professionalism, I assisted with the selection and drafting of the Nod to Professionalism series that appeared in the Association's pages of the Indiana Lawyer and recognize real life examples of professionalism in action. Discussed more in Section 7.C below. Available at: http://www.theindianalawyer.com/search?q=%22nod+to%20professionalism%22&sort=date+d esc

While I was at the Bureau of Motor Vehicles, I assisted with editing a chapter on processing motor vehicle violations in the Indiana Trial Court Administration Manual for Judges and Clerks for both the 2014 and 2015 editions.

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.

(1) State v. IBM, 49D10-1005-PL-021451 (Hon. David Dreyer), 49D01-1005-PL-021451 (Hon. Heather Welch) Barnes & Thornburg represented the State of Indiana in a contract dispute with IBM concerning IBM’s agreement to “modernize” the Indiana Family & Social Services Administration’s delivery of welfare services to needy Hoosiers. The case involved a $1.4 billion contract, the largest in State government history, and contested issues of material breach of contract, penalties versus liquidated damages, deliberative process privilege, sovereign immunity, and valuation of hundreds of millions in competing damage claims. I served as one of three lead trial attorneys during the six-week trial that included 94 witnesses and 7,500 trial exhibits; managed an electronic discovery process involving 15 million pages of documents and over 80 attorney reviewers; coordinated expert work on millions of dollars of claims on both the State and IBM’s side of litigation; prepared witnesses and defended depositions for more than 30 state witnesses; briefed and argued a variety of discovery and substantive motions; prepared proposed findings of facts and post-trial briefing; and assisted with briefing before the Indiana Court of Appeals and the Indiana Supreme Court. I continued to help as requested with briefing and argument preparation after I left Barnes & Thornburg. The litigation has involved five separate Indiana Supreme Court opinions, the first overturning the trial court’s order allowing IBM to depose sitting Indiana Governor Mitch Daniels, the second overturning the trial court’s holding that IBM did not materially breach its contract with the State, the third vacating the trial court’s order on remand that the State was not entitled to damages for 11

IBM’s material breach, the fourth affirming the award to the State of $128 million in damages and crediting IBM $49,510,795 in damages plus post judgment interest, and the fifth modifying the date from which to calculate post-judgment interest for IBM. Reasons this matter is among my most significant include: (1) the impact on Hoosier taxpayers due to the high dollar value of the litigated issues; (2) the scope and complexity of the factual and legal issues presented; (3) the size of the litigation in terms of attorneys, documents, time, and effort; (4) the expertise and sophistication of counsel for both parties; (5) the statutory and separation of powers issues arising from IBM’s effort to depose [then] Governor Daniels; (6) the high profile nature of the litigation and media coverage; and (7) most importantly, the impact of the litigation on the State’s ability to improve what was at the time one of the worst welfare systems in the country and provide vital series to the neediest Hoosiers. Three important lessons I learned from this litigation are that even though the stakes in litigation can be high, the ability of the lawyers to agree and communicate civilly can be a tremendous tool for expediting and resolving matters efficiently; it is important to have a dynamic litigation plan that incorporates an overarching strategy with flexibility to adapt to opportunities that arise during litigation; and, most importantly, as litigators, we cannot forget that the impact our actions and decisions have on the lives of real individuals is more significant than the litigation itself.

Dates of representation: January 2010 to November 2013, additional assistance provided through 2020.

Other counsel involved: John Maley, Peter Rusthoven, Curt Greene, Meredith White, Kyle LeClere (Barnes & Thornburg).

(2) Haegert v. University of Evansville, 82C01-0508-PL-664 (Hon. Douglas Knight), Haegert v. McMullan, 82D03-0505-CT-02012 (Hon Scott Bowers; Hon. David Kiely, Hon. Mary Margaret Lloyd, Hon. Douglas Knight) These lawsuits involved challenges brought by a tenured professor who was terminated after a sexual harassment complaint filed by his supervisor. The University of Evansville investigated and conducted several levels of proceedings, including an evidentiary hearing with counsel and an appeal to the Board of Trustees, culminating in the professor’s dismissal. The professor filed suit against the University and his supervisor alleging numerous breaches of his employment contract along with several state law torts. These cases had a complicated procedural history in the trial court, including three judges recusing themselves due to conflicts of interest in the McMullan matter, including one judge who denied Defendant’s motion for summary judgment then withdrew less than a week later. Eventually, the two cases were assigned to the same trial court judge, who granted summary judgment in both cases finding undisputed evidence that the Plaintiff had engaged in sexual harassment as defined in the University manual and that he had received all the appropriate levels of review entitled to him under his employment contract. The Indiana Court of Appeals reversed, concluding that the Plaintiff’s conduct did not rise to the level of sexual harassment as defined under Title VII and that the University could not apply the stricter standard contained in the

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manual. The Indiana Supreme Court reversed the Court of Appeals and affirmed the trial court concluding that the University was entitled to define the appropriate standards of conduct for its employees through its policies. Barnes & Thornburg represented the University of Evansville and McMullan during all the state court litigation. My responsibilities started after the close of discovery and I was responsible for marshalling the facts in support of summary judgment, responding to hundreds of competing proposed statements of facts, and briefing the legal issues. I also was responsible for drafting the motion for reconsideration after the recusal of the first trial judge and for assisting with the briefing and oral argument on the appeals to the Indiana Court of Appeals and the Indiana Supreme Court. Reasons this matter is among my most significant include: (1) the scope of the factual and legal issues in dispute and the challenge of distilling them into understandable topics appropriate for summary judgment; (2) the challenges created by untangling the convoluted proceedings during the University review and the trial court proceedings; and (3) the importance of validating a university’s right to hold tenured professors to appropriate standards of conduct. Specifically, if the Indiana Supreme Court appeal had not been successful, universities, and potentially all private employers in the state, would be unable to define a standard of conduct for their employees that was stricter than Title VII, meaning they could no longer be proactive in defining appropriate conduct and could only discipline employees once their conduct rose to a level that created legal liability for the employer. Two important lessons I learned from this case are that a key to making complex cases digestible is condensing facts down to their essence and, even though cases are decided based on the parties in front of them, it is important to always keep in mind the greater impact a decision can have and to be able to articulate that perspective, particularly on appeal. Dates of Representation: 2008 to November 2012 Other counsel involved: Ken Yerkes, Stephanie Blackman, Hannesson Murphy (Barnes & Thornburg)

(3) Commissioner of the Indiana Bureau of Motor Vehicles v. Vawter et al., 49D14-1305-PL- 016159 (Hon. Thomas Carroll, Hon. James Osborn) This case involved constitutional challenges brought by the ACLU on behalf of classes of individuals who were denied personalized license plates (“PLPs”) by the Indiana Bureau of Motor Vehicles. The trial court found that the statute authorizing the BMV to issue PLPs and its related policies were vague, overbroad, and lacking in content-neutrality thus violating the First and Fourteenth Amendments to the United States Constitution. The trial court also held that the BMV violated due process under the Fourteenth Amendment by providing insufficient reasons for a denial or revocation of a PLP. The BMV appealed to the Indiana Supreme Court which reversed, holding that the PLPs were government speech and, therefore, content-based restrictions that were constitutionally permissible. The issues litigated included: (1) analysis of government versus private speech when an individual selects the message, but the government controls the

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medium, (2) whether license plates constitute a public forum, (3) an individual’s property interest in the message on a PLP, and (4) overbreadth and vagueness doctrines. My responsibilities including managing the litigation and overseeing the PLP program itself. My specific involvement in the litigation started after the close of discovery and included extensive work on the summary judgment briefing before the trial court and selection and development of the arguments to present before the Indiana Supreme Court. Reasons this matter is among my most significant include: (1) the significance of the constitutional challenge to a popular Indiana program; (2) the difficulty of assuming responsibility for litigation after the close of discovery; (3) the separation of powers issues raised by a trial court order which ordered the BMV to continue the PLP program under terms imposed by the court; (4) the potential impact on tens of thousands of Hoosier motorists if the PLP program was declared unconstitutional along with the millions in lost revenue; and (5) the media attention given to the case. Three important lessons I learned from this litigation are the difficulty of designing appropriate prospective guidelines that respect free speech in a dynamic environment, the challenge of judges crafting injunctive remedies when the parties do not cooperate, and the importance of preserving issues before the trial court so that they can be developed and argued on appeal. Dates of Representation: December 2013 to May 2015, additional assistance provided through 2015 Other counsel involved: Tom Fisher, Betsy Isenberg (Office of Attorney General)

(4) Raab v. Abernathy (Raab II), 49D11-1310-PL-038001 (Hon. James B. Osborn, Hon. John F. Hanley) This is the second class action lawsuit brought against the Indiana Bureau of Motor Vehicles related to alleged fee overcharges. After Raab I settled, the BMV voluntarily identified additional potentially overcharged fees not covered by the settlement and issued refunds to customers. Raab II was initiated regarding the newly refunded fees. The case eventually expanded to cover dozens of additional fees and sought $144 million in damages from the BMV. During the litigation, the BMV continued to identify potentially overcharged fees and issue refunds to customers for tens of millions of dollars. The legal issues in the case involved determining the proper amount charged for over 100 separate fees (which required looking at multiple statutes and regulations per fee), whether a state agency owed prejudgment interest, and determining liability and attorney’s fees for refunds voluntarily identified and issued by the BMV. While serving as the General Counsel, my responsibilities involved directing the litigation, interviewing and retaining outside counsel, personally drafting several briefs and motions prior to the retention of outside counsel, preparing witnesses for deposition, conducting formal and informal mediation efforts, and, most importantly, setting legal strategy for the litigation. In addition to the litigation responsibilities, I was responsible for identifying additional potential overcharges and overseeing the refund process.

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Reasons this matter is among my most significant include: (1) the potential impact on Hoosier taxpayers; (2) the number, scope, and complexity of the fees at issue; (3) the media attention given to the case, including regular front-page stories in the Indianapolis Star; and (4) the challenge of attempting to perform my responsibilities as a public servant and redress fee issues at the BMV in an open and transparent manner amid litigation. This matter has additional significance because I was originally brought into State government for the purpose of handling this litigation and the related fee issues because of their importance to the administration. An important lesson I learned from this litigation is the challenge of redressing generalized harm to taxpayers when those same taxpayers will bear the burden of the remedy, particularly when balanced with creating appropriate incentives to ensure government compliance with law. Dates of Representation: December 2013 – May 2015, additional assistance provided through 2016 Other counsel involved: Wayne Turner, Carl Hayes, Gregory Neibarger (Bingham Greenbaum Doll), Betsy Isenberg (Office of Attorney General)

(5) Indiana Department of Revenue Tax Court litigation This is not a single matter, but the collective handling of Department of Revenue cases within the Indiana Tax Court that I managed while General Counsel. As background, at the end of 2016, the Department of Revenue had 96 cases pending in Tax Court and the average (mean) age of a pending case was over 700 days. In terms of results, for multiple years, the Department only prevailed in about 1 in every 3 cases that proceeded to decision and, during 2016, had only prevailed in cases that represented less than 10% of the dollars at issue (meaning the Department had lost the larger cases). Further complicating DOR’s position was that the Office of Attorney General had disbanded its tax section in early 2017 and, within the span of a few months, almost all the attorneys with experience representing the Department left. Beyond not being a prudent use of taxpayer funds, the Department’s poor performance in Tax Court had significant impacts on the overall State budget. A favorable decision for the Department merely affirms the status quo for all similarly situated taxpayers; however, a ruling against DOR ripples beyond the parties at issue, opens the door to refund claims for past years, and reduces projected tax collections for future years. Under my direction, DOR implemented an aggressive strategy to triage all pending Tax Court litigation, settle cases that should be settled, and focus litigation resources on cases that need to proceed to decision, including retaining outside counsel where necessary. By the end of 2017, the number of DOR cases pending in Tax Court had dropped to single digits and the average age of the cases to less than 150 days, numbers which have remained incredibly stable through the present. In addition, since the change in policy, DOR has prevailed in 80% of the cases that have proceeded to decision representing over 99% of the total dollars at issue (meaning the Department has won the larger cases). While serving as the General Counsel, my responsibilities involved evaluating cases for settlement or active litigation, engaging in settlement negotiations, interviewing and retaining outside counsel (which involved retaining counsel without tax experience due to conflicts), and, most importantly, setting legal strategy for the Department.

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Reasons this matter is among my most significant include: (1) the positive impact for Hoosier taxpayers and the State’s budget; (2) the dramatic change that was achieved in a short time frame; (3) the sustained success of the new strategy that continued despite a change in General Counsel; (4) the number, scope, and complexity of the cases at issue; (5) the positive media attention given to the change in strategy; and (6) the challenge of identifying outside counsel who could represent the Department and getting them up to speed on substantive tax law in a condensed time frame. Two important lessons I learned from this litigation are the importance of identifying what matters most, focusing appropriate resources there, and removing distractions to achieving that objective; and the challenges of designing systems and incentives that ensure sustained success despite personnel changes. Dates of Representation: February 2017 – May 2019 Other counsel involved: Jim Clark, Evan Bartel (Department of Revenue), Winston Lin (Office of Attorney General); Hamish Cohen, Sean Burke, Ray Biederman (Mattingly Burke Cohen Biederman); George Plews, Brett Nelson, Josh Tatum, Stephen Baldwin (Plews Shadley Racher & Braun)

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. My career in public service has been focused on the improvement of the rule of law and the administration of justice through efforts to improve efficiency, transparency, and compliance in government operations. I have repeatedly moved into areas of need to assess legal compliance, engage in regulatory or statutory cleanup, and implement new systems to ensure continued success. All these efforts have been collaborative, and many have been recognized internally or externally for their success. Many of these efforts in public service cross substantive areas and do not cleanly fit into a single category under Question 7. For ease of categorization, I have included items below which involve the judicial system, administrative review processes, or statutes and regulations. These items are discussed in roughly reverse chronological order:

• As discussed more in Section 7.E below, I teach a spring semester course at Indiana University Maurer School of Law on pretrial litigation that utilizes a series of practical exercises to emulate as closely as possible the various steps in the litigation process, giving students an opportunity to learn and make mistakes in a safe environment. The class includes a significant focus on the rules of ethics and professional practice of law as well as guest lectures from practitioners and judges. I am particularly motivated to teach this course based on changes in the profession since the Great Recession that resulted in decreased opportunities for new graduates to receive training and mentorships in firms before being thrust into the courtroom.

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• As Special Counsel to the Office of Management and Budget, one of my primary responsibilities is to serve as the point person for review of proposed regulations under Executive Order 13-03 (the “regulatory moratorium”). This entails reviewing all proposed regulations (other than emergency regulations) for a variety of factors, including legal authority, regulatory consistency, cost-benefit analysis, fiscal impact, and high-level policy decisions. Primary focuses of this review include cleaning up existing and proposed regulations to remove duplication or inconsistency, evaluating what needs to be contained in regulation as opposed to agency policy, and ensuring that agencies have adequately evaluated the costs of proposed regulations, particularly on individuals and disadvantaged groups.

• As noted above, one of my major responsibilities while General Counsel of the Department of Revenue was addressing the issue of Tax Court litigation. Prior to my becoming General Counsel, there had been growing concerns about the speed at which cases were resolved in Tax Court. As explained by the Indiana Lawyer: “Indiana’s Tax Court routinely takes years to decide disputes that arrive only after meandering through local and state revenue agencies. And in some cases, those agencies have already spent years reviewing the complex tax appeals.” https://www.theindianalawyer.com/articles/37080-jury-is-out-on-indiana-tax-court. While the Indiana Supreme Court and the General Assembly focused on the workload, backlog, and operations of the Tax Court, I led an effort within DOR to evaluate what we could change internally to improve the process. These efforts included a series of internal working groups followed by presentations to practitioners to solicit their feedback on proposals. The reform efforts also shifted the agency litigation strategy from aggressively litigating “everything” to exploring settlement where possible and only litigating high priority cases. In addition, we revamped the administrative review process to reduce the number of appeals (discussed below). The results of these efforts were discussed in various publications, including: https://www.theindianalawyer.com/articles/46891-internal-external-process-changes-increase- tax-court-efficiency-slash-case-filings; https://www.theindianalawyer.com/articles/45245-no- longer-a-taxing-process-of-review; https://www.icemiller.com/MediaLibraries/icemiller.com/IceMiller/PDFs/publications/18-04- 11-Settlement-Spree-Indiana-Cuts-Tax-Appeals-by-86-Percent.pdf. As explained by Bill Waltz, Indiana Chamber of Commerce vice president of taxation and public finance, “It’s not like these guys now have decided to be totally taxpayer friendly, as much as taxpayer reasonable” (see Ice Miller pdf of Bloomberg Tax article). I discussed the results of these efforts at various conferences and presentations, including the Federation of Tax Administrators (FTA) 2018 Annual Meeting, which are identified in Section 7.E below.

• As general counsel at the Indiana Department of Revenue, I reorganized the Legal Division to handle increased substantive responsibilities, improve efficiency, and improve agency legal compliance. This effort included outreach efforts with tax practitioners to identify primary areas for improvement and solicit feedback on proposed reforms before they were made. The changes including implementing time-based metrics for tax administrative appeals for the first time; creating different tracks for handling an administrative appeal that a taxpayer selects when filing; empowering hearing officers with increased settlement authority; and creating template forms and improved guidance to better inform taxpayers and improve efficiency. We also worked to make the administrative appeal process more transparent and accessible to pro se litigants by creating instructions and checklists for how to submit an administrative appeal and what to include, publishing a handbook online explaining the process, and making information on the

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appeal process available in our notices to taxpayers. The year-over-year results of these changes included a 41% reduction in the number of outstanding protests, a 78% reduction in outstanding protests over 6 months old, and a 75% decrease in the number of decisions appealed to Tax Court. I discussed the results of these efforts at various conferences and presentations, including the Federation of Tax Administrators (FTA) 2018 Annual Meeting, which are identified in Section 7.E below.

• While General Counsel at the Department of Revenue, I served as member of the ad hoc Tax Court Liaison Committee that assisted the Tax Court with rules revisions and administrative issues. I also provided members of the Tax Court Advisory Committee with information related to the Tax Court docket and changes at the Department of Revenue that impacted the Tax Court.

• Beginning in summer 2014 and continuing through March 2015, I participated in a cross- functional working group focused on the criminal code re-write of Title 9 and specialized driving privileges that was created to address concerns with the implementation of HEA 1279 (2014). The working group was led by Rep. Jud McMillian, the author of HEA 1279, and included clerks, judges, Indiana Public Defender Council, Indiana Prosecuting Attorneys Council, and members of the Indiana General Assembly. The output of the working group became the basis for HEA 1305 (2015). I discussed some of the initial results of these efforts at the 2014 Indiana Office of Court Services Winter Workshop for Judicial Officers, which is identified in Section 7.E below.

• After initially joining the State of Indiana as the General Counsel of the Bureau of Motor Vehicles, I was tasked with leading a multi-year effort to clarify and simplify the legal authority governing the fees and taxes administered by the BMV. Prior to this effort, the legal authority contained entangled provisions that had arisen over time and not been re-codified in decades. For example, an individual would need to review 14 statutory provisions and three regulations to determine the amount and distribution of a single truck registration fee. After joining the BMV, I served as the primary point person for redrafting the fee provisions administered by the BMV. The result of this effort was HEA 1237 (2014) that passed the Indiana General Assembly with bipartisan support and completely reorganized hundreds of fees to remove uncertainty and reduce agency liability for class action fee lawsuits. This was the first recodification of BMV fees since the 1960s. This project was conducted under the direction of Rep. Edmond Soliday with the assistance of Cora Steinmetz of the BMV along with Sarah Freeman and Bill Brumbach of Legislative Services Agency. The effort continued with simplifying the BMV regulations, including repealing 70 regulations in support of the Governor’s initiative to “Cut the Red Tape.”

• At the BMV, I completely reorganized the Legal department to handle increased substantive responsibilities, improve efficiency, and improve agency legal compliance. This effort included establishing a hearings department responsible for handling administrative proceedings, standardizing all procedures to comply with due process requirements, creating a handbook and template orders, and replacing the prior organizational structure of two hybrid administrative law judge positions with substantive agency responsibilities with one full-time administrative law judge and one agency representative who would appear in hearings on behalf of the agency. We also worked to make the administrative appeal process more transparent and accessible to pro se litigants by creating a frequently asked questions page for individuals and created template forms for individuals appearing pro se. The optimization effort resulted in a 90% reduction in agency

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review times and a 75% reduction in administrative appeals of ALJ decisions. I discussed some of the results of these efforts at ICLEF’s Traffic Law School 2014, which is identified in Section 7.E below.

• While at the BMV, I served on the Specials Courts-BMV Working Group along with judges, clerks, and State court administration that was chaired by the Hon. Stephanie LeMay- Luken. The BMV processed approximately 4,000 court orders each day, including 1,000 processed manually. The working group focused on improving collaboration and efficiency to streamline reporting of court orders to the BMV, reduce court and agency processing errors, and increase use of electronic rather than manual reporting by clerks. This effort resulted in several procedural changes at the BMV, a collaborative redrafting of the SR17, as well as successful outreach efforts to educate state court judges and clerks about how to make their orders easier to process by the BMV. I discussed the results of these efforts at the Indiana Office of Court Services 2014 Annual Meeting of City and Town Court Judges, which is identified in Section 7.E below.

• While at the BMV, at the direction of Commissioner Don Snemis, I convened the first driver’s license points review committee in almost two decades to evaluate and update the regulations assigning driver’s license points as well as streamlining the penalties for excess points to reduce unnecessary procedures and promote transparency for both drivers and law enforcement. The review committee was comprised of Commissioner Don Snemis along with representatives selected by the , the Indiana sheriff’s association, the association for metropolitan police departments, and the Department of Natural Resources.

• Outside of the examples referenced above, almost all the work that I performed as a government employee or as a private attorney representing governmental entities involved some effort towards the improvement of the law or the administration of justice.

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 noted above, my career in public service has been focused on efforts to improve efficiency, transparency, and compliance in government operations. I have repeatedly moved into areas of need to assess legal compliance, engage in regulatory or statutory cleanup, and implement new systems to ensure continued success. All these efforts have been collaborative, and many have been recognized internally or externally for their success. Many of these efforts cross substantive areas and do not cleanly fit into a single category under Question 7. For ease of categorization, I have included items below which involve public administration that are distinct from the judicial system, administrative review processes, or statutory and regulatory revisions (which are discussed in 7.A). These items are discussed in roughly reverse chronological order:

• I have been part of a small team within the State Budget Agency managing the State’s receipt, distribution, and monitoring of federal relief assistance related to the COVID-19 public health pandemic, including the $2.4 billion the State received from the Coronavirus Relief Fund under the CARES Act and the projected $3 billion the State will receive as part of the 19

Coronavirus State Fiscal Recovery Fund under the American Recovery Plan Act. Our responsibilities include evaluating proposals for eligibility, preparing agreements to document transfers of funds, monitoring performance, and evaluating expenditures for compliance. The primary team is composed of Lisa Acobert, Luke Kenworthy, Steve Daniels, and me, operating under the direction of OMB Director Cristopher Johnston.

• As General Counsel at the Indiana Department of Revenue, I reorganized the Legal Division to handle increased substantive responsibilities, improve efficiency, and improve agency legal compliance. The newly created internal agency advising team conducted the first comprehensive review of agency correspondence for legal compliance, including reviewing and updating more than 500 of the most common notices and letters utilized by the Department. Finally, in anticipation of the implementation of a new integrated tax system, a comprehensive examination of the statutory requirements for the various taxes administered by the Department was conducted by Barnes & Thornburg, gaps identified, and remediation plans created. This effort was undertaken at the direction of Commissioner Adam Krupp with the substantial assistance of my direct reports at the Department of Revenue along with the DOR Policy team led by Chris Russell.

• At the Indiana Department of Revenue, I was initially brought on to establish a new Revenue Inspector General function to drive agency compliance with federal and state law, track instances of non-compliance, and monitor remediation. This effort included creating a new internal affairs group to investigate employee misconduct, creating a new internal compliance group to focus on agency compliance with policy and regulation, reinstituting the criminal investigations function to assist law enforcement in stopping taxpayer criminal activity including identity theft, optimizing the internal audit function to meet Institute for Internal Audit (IIA) standards, and reorganizing the taxpayer advocate office to focus on resolving the root causes of taxpayer concerns and implementing systemic changes, as well as creating manuals and standardized forms and procedures to preserve the progress made. I discussed the results of these efforts at various conferences and presentations, including the 2017 National Association of State Auditors, Comptrollers and Treasurers (NASACT) annual conference, which are identified in Section 7.E below. This effort was undertaken at the direction of Commissioner Andrew Kossack with the substantial assistance of my direct reports at the Department of Revenue and assistance from State Examiner Paul Joyce and Gila Bronner from Bronner Group.

• While Deputy Commissioner for Policy and Compliance at the Department of Revenue, I led a several month-long, cross-divisional effort to evaluate the International Registration Plan and base plate registration programs at DOR’s Motor Carrier Services division. The project included coordinating the efforts of members of the IT, finance, program management, internal audit, internal compliance, Motor Carrier Services, and tax policy departments to identify areas of non-compliance, evaluate potential fiscal impacts, develop remediation plans, and implement necessary changes. The project resulted in substantial changes to the operations of Motor Carrier Services and served as a template for efforts to evaluate the other programs and taxes within DOR from a compliance standpoint. This project required close coordination with the operations and IT teams at Motor Carrier Services.

• While at the BMV, under the direction of Commissioner Don Snemis, I was part of cross-department team that implemented a Reinstatement Relief Program for suspended drivers from July through December 2014. The program offered drivers a one-time reduction on 20

reinstatement fees to enable them to get their licenses back before substantially higher reinstatement fees went into effect on January 1, 2015. The program required close collaboration on a tight timeframe since the BMV was only granted limited statutory authority to implement the program. The program was wildly successful resulting in more than 14,000 customers restoring their driving privileges and paying over $3 million in reinstatement fees. The Reinstatement Relief Program team was recognized by the Commissioner as the top cross- department achievement for 2014.

• In conjunction with the legislative efforts discussed above, while at the BMV, in response to legal challenges to agency practices, I oversaw an extensive legal compliance review of administrative proceedings, agency notices, public record request responses, agency fee and tax inventories, and the driver offense and suspension table. I also helped direct an operational assessment of agency practices by BKD that provided the template for significant agency reforms.

• The Indiana Department of Administration retained Barnes & Thornburg to evaluate the Constitutionality of the contracting preference programs for the State of Indiana under City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) and its progeny. I was the only associate on the matter and did the primary legal research and drafting. The project was conducted with Patty Ogden and Stan Fickle.

• Outside of the examples referenced above, almost all the work that I performed as a government employee or as a private attorney representing governmental entities involved some effort to address civic, political, or social issues.

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 noted above, my career in public service has been focused on efforts to improve efficiency, transparency, and compliance in government operations. For ease of categorization, I have included items below which involve volunteer work separate from items in my public service career discussed above. My efforts, that I recall, since graduating from law school, include:

• I have been an active member of the Indianapolis Bar Association serving on the Standing Committee on Professionalism (2009-2013), Indianapolis Bar Foundation (2014-2015), and the Government Practice Section Executive Committee (2019-Present), where I am currently the chair elect. During my five years serving on the Indianapolis Bar Association’s Standing Committee on Professionalism, there were numerous collaborative projects that were undertaken to highlight issues of professionalism and improve the legal culture. All these projects drew upon the diverse experiences and perspectives of the members of the committee as well as the members of the legal community we asked to assist in our efforts. Some of the highlights from my tenure on the Professionalism Committee include:

o I was one of three attorneys leading the effort to create the Lawyers in Transition information packet to assist lawyers who were displaced because of the economic downturn or otherwise unable to find work. The packet included information that 21

a lawyer leaving a firm, setting up their own practice, or looking for work would need, including resources on liability and ethics issues, free legal research, government programs for assistance, and financial and practice advice. The project was conducted with Kathleen Hart and Ann Mackey, with the assistance of the other members of the Professionalism Committee, Hon. William Lawrence, Hon. Jerry Barr, Hon. Gerald Zore, Richard Blaiklock, Sonia Chen, James Dimos, William “Terry” Horne, Roberta Recker, James Riley, Dean Gary Roberts, Richard Shevitz, and Sally Zweig. The members of the Committee received the Indianapolis Bar Association President’s Award (2010) for work to prepare Lawyer’s in Transition information packet.

o I was the leader of a subcommittee that created the Pause for Professionalism video series, which highlights professionalism and civility through testimonials and learning moments from the bench and the bar. The members of the subcommittee invited leaders in the local legal community to present on how professionalism improves the practice of law across the spectrum of subject areas. Presenters include: Hon. Margaret Robb, Hon. Tanya Walton-Pratt, Hon. Gerald Zore, Hon. James Coachys Hon. Tim Baker, Robert Hammerle, James Bell, Wayne Turner, Melissa Avery, Chris Barrows, Melissa Proffitt Reese, Brian Tuohy, Sally Zweig, Kathy Infanger, and others. All the videos were filmed at edited at Barnes & Thornburg under my direction with the assistance of Lou Ann Lambert. I do not recall composition of the subcommittee over time, although I believe it included Richard Blaiklock and James Dimos.

o I was a member of the subcommittee that evaluated candidates and wrote the Nod to Professionalism series of columns that appeared in the Indianapolis Bar Association's pages of the Indiana Lawyer. The columns pointed out real-life examples of professionalism in action and recognized otherwise unrecognized practitioners for leading by example. Other members of the subcommittee included Rich Blaiklock, Richard Shevitz, and Terry Horne, although the composition of the subcommittee changed over time, and I do not recall who served at which times.

o All the members of the Professionalism Committee participated in creating the Getting Along Is Not Wrong collection of anecdotes and stories from local judges and attorneys highlighting positive and compelling behavior in the legal profession.

o As part of an effort to identify ways to improve the image of lawyers in the community, the Professionalism Committee in 2013 established a lawyers’ Stock the Schools drive to benefit Teachers’ Treasures, which continued for several successive years. The event was designed as a public charity drive that would provide visibility to the positive contributions made by lawyers. The members of the Professionalism Committee received the Indianapolis Bar Association Board of Directors’ Award (2013) for this effort.

• I have served multiple times as a volunteer judge for high school mock trial at the state finals in Indianapolis and law school moot court competition held in the Southern District of Indiana courthouse.

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• I have served on the Troop Committee of Scouts BSA Troop 171 since June 2019 and attend and assist with campouts throughout the year. Troop 171 is the second largest all-female scout troop in the country.

• I have served on the troop committee of Scouts BSA Troop 174 since 2014 and have attended and assisted with campouts in the past. Previously I served as an assistant instructor for first-year and then second-year scouts.

• I have served on the Truman Scholars Association board of directors since September 2019 and as treasurer since November 2019, although my involvement as treasurer has been limited since mid-2020 because of increased responsibilities at the State related to managing COVID-19 relief funds.

• I have served as a lector and eucharistic minister at St. Thomas Catholic Church since May 2019 and June 2019 respectively. My participation as a lector increased during the COVID- 19 pandemic as in-person attendance was limited for health reasons.

• I previously served as a member of the board of directors, president, and vice president of the Riviera Club in Indianapolis. The Riviera Club is a historic pool and social club that was originally opened in 1933. During my tenure, the Riviera Club was dealing with issues of deferred maintenance with limited financial resources, and the Board and management had to creatively work together to find solutions without leveeing members or increasing dues significantly.

• I previously served as a member of the board of directors, president, treasurer, and fundraising chairman of A Children’s Habitat, a parent-run, Montessori preschool in Indianapolis. During my involvement, A Children’s Habitat was moving into a new space, expanding its programs, replacing long-serving teachers, and defining its course for the future. These efforts required a collaborative effort of the board, parents, and teachers to work together to ensure the school’s continued success.

• As noted above, almost all the work that I performed as a government employee involved some effort towards improving my local, state, or national community through public service.

D. Describe the nature and extent of any pro bono legal services you have contributed. During my legal career, I have taken seriously the responsibility to provide pro bono legal services. Items that I recall, include: • During 2020, I served as a frequent volunteer during the Indianapolis Bar Association’s Ask a Lawyer online service offered during the COVID-19 pandemic. In addition, I served as a volunteer during the Ask a Lawyer day in October 2018.

• I have provided a variety of pro bono legal services to organizations I am a member of, including:

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o I have assisted the Truman Scholars Association with the drafting and review of various legal agreement.

o I performed a variety of pro bono legal services for the Riviera Club, including a review of its bylaws, drafting severance agreements, reviewing insurance contracts, drafting claim dispute forms, advising on employment discrimination and other liability assessments, engaging in lease negotiations and document review, evaluating legal steps to convert to a 501(c)(3) organization, and assisting with a review and evaluation of filing for a historical registry designation.

o I performed a variety of pro bono legal services for A Children’s Habitat, including an employee handbook review, drafting teacher employment contracts, drafting release and separation agreement, drafting a photo release form, drafting background check forms, drafting direct deposit agreements, preparing property lease amendments, and preparing a property tax appeal and briefing.

o I performed a variety of pro bono legal services for Indy Confluence, including preparing initial organization formation documentation, bylaws review, assistance with initial 501(c)(3) filing and designation, and legal assistance regarding donation solicitation.

• While at Barnes & Thornburg, I engaged in several pro bono projects involving hundreds of hours of work. Barnes & Thornburg should have records of the time I recorded to pro bono projects while I worked there. Matters that I remember, include:

o I served on the firm’s pro bono committee for several years. I do not recall the exact dates, but I believe it was around 2009 to 2012 or 2013.

o I assisted John Maley with providing pro bono legal assistance to a blind, retired schoolteacher and her family. The client had an adjustable-rate mortgage that had the rate rise and needed assistance to find a way to keep her home.

o I assisted Todd Dixon with a pro bono Seventh Circuit, criminal appeal. o I provided limited pro bono legal services for the local chapter of La Leche League, but I do not recall the nature of those services.

o I believe I engaged in other pro bono representation, while at Barnes & Thornburg, but I do not recall the specifics of those matters. Barnes & Thornburg would have records regarding time coded as pro bono and clients for whom work was performed.

• During law school, I served as a members and student director of the immigration clinic assisting individuals with asylum and other immigration matters.

E. Indicate your experience teaching law. Provide the dates, names of institutions or programs, and a description of the subject matter taught. My experience with formal law school instruction is as follows:

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• Since 2019, I have taught a pretrial litigation course during the spring semester at the Indiana University Maurer School of Law (2019, 2020, 2021). The course features lectures covering an overview of pretrial litigation topics, including the corresponding rules of procedure and ethics, combined with two series of practical exercises that try to mimic as closely as possible the actual experience of pretrial litigation. The first set of exercises splits the class into teams that are paired off and successively serve a complaint, answer, discovery requests, and discovery responses on the opposing team. The second set of exercises are individual assignments that involve preparing a deposition outline, taking a mock deposition, and drafting a preliminary injunction analysis based on the deposition testimony obtained. The exercises are timed to correspond to the class lectures and challenge students to put the topics discussed into practice. The results of the exercises are subsequently discussed in class. The class includes a heavy focus on the rules of ethics as well as professional practice of law. In addition, there are series of guest lectures on specific topics from practitioners as well as federal magistrate and trial judges. This class was formerly taught by Michael Rosiello prior to his retirement. During the spring semester in 2018, I attended roughly half of the courses in preparation for taking over teaching responsibilities in 2019. I served as a panelist during the April 10, 2018, class on “Mediation and Settlement: What the Client Wants and Needs” with Scott Murray, Executive Vice President and General Counsel, Kite Realty Group Trust, and T. Joseph Wendt, partner at Barnes & Thornburg. I also assisted with the course during the spring semesters in 2014 and 2015 by reviewing mock interviews conducted by law students and providing them detailed feedback and evaluations on their performance. Since taking over responsibility for the class, I have modified the assignments and lecture topics in response to student feedback.

• I was a guest presenter during Hon. Martha Blood Wentworth’s State and Local Tax course on October 16, 2017, regarding the mechanics of the Indiana Department of Revenue as well as remote seller litigation and state efforts to overturn Quill v. . I presented again on November 19, 2018, regarding the mechanics of the Indiana Department of Revenue and the Department’s response to the United States Supreme Court’s decision in v. Wayfair.

• I taught a semester of Legal Analysis, Research and Communication level I during the 2006 fall semester at Indiana University Robert H. McKinney School of Law. The course covered introduction to legal writing and is a required course for all incoming law students.

My experience, that I recall, with legal presentations and programs to outside groups is as follows:

• I organized and moderated the “Expert Panel on Qualified Immunity” presentation discussing what qualified immunity is, how it operates in practice in Indiana, and the doctrine's strengths and weaknesses with a particular focus on its application to law enforcement on December 2, 2020, presented remotely by the Indianapolis Bar Association (panel presentation with Daniel Bowman, Indianapolis Metropolitan Police Department; Kenneth Falk, ACLU of Indiana; John Kautzman, Ruckelshaus Kautzman Blackwell Bemis Duncan & Merchant).

• I organized and moderated the portion of the “AOPA Update” focusing on standards for judicial review of agency administrative proceedings on August 18, 2020, presented remotely by the Indianapolis Bar Association (panel presentation with Brian J. Paul, Faegre Drinker Biddle & Reath LLP; Thomas M. Fisher, Indiana Solicitor General; the other portion of the CLE was a

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panel presentation with Hon. Beth Butsch, Indiana Department of Child Services; Hon. Caroline Stephens Ryker, Indiana Civil Rights Commission; Michelle Allen, Office of Administrative Law Proceedings; moderated by Matthew R. Elliot, Faegre Drinker Biddle & Reath).

• I organized and briefly spoke during the “Perjury and Bribery and Contempt, Oh My! Exploring the Ethics Issues for Counsel When Their Client Misbehaves” presentation on December 5, 2019, at Liberty Street in Indianapolis, Indiana (panel presentation with Hon. G. Michael Witte, Executive Director, Indiana Supreme Court Disciplinary Commission; Darren A. Craig, Frost Brown Todd; Evan Bartel, Deputy General Counsel, Indiana Department of Workforce Development; moderated by Hon. Jennifer Harrison, Marion County Superior Court).

• I briefly spoke during the “Administrative Rulemaking Seminar: Regulatory Moratorium Exceptions and State Budget Agency Review” presentation during an Office of the Attorney General Rulemaking CLE on November 18, 2019 at the Indiana Government Center Conference Center (presentation by Justin McAdam and Luke Kenworthy of Office of Management and Budget).

• I presented as part of the “Court Cases and Emerging Issues Expert Panel Discussion,” on September 19, 2018, during the Department of Revenue Audit Operations Annual Conference at the Wellington Conference Center in Fishers, Indiana (panel presentation with Chris Russell, Special Counsel and Policy Director, Indiana Department of Revenue; Mike Ralston, Executive Director Sales Tax Administration, Indiana Department of Revenue, and David Brunori of Quarles & Brady and George Washington University; moderated by Adam Krupp, Commissioner Indiana Department of Revenue).

• I presented as part of the “Bridge Building Discussion for General Counsel and Government Leaders,” Indiana General Counsel Roundtable on June 21, 2018, at Indiana University Robert H. McKinney School of Law (panel presentation I organized with Rick Ruble, Commissioner, Indiana Department of Labor, Beth Green, General Counsel, Indiana Department of Workforce Development, Nancy King, General Counsel, Indiana Department of Environmental Management, Barbara Kilian, Regulatory Compliance and Policy Liaison, Indiana State Department of Health).

• I organized, but did not present during, “Staying Ahead of the Taxman: A General Counsel’s Guide to Federal and State Tax Reform,” Indiana General Counsel Roundtable on June 21, 2018, at Indiana University Robert H. McKinney School of Law (panel with Matthew Rogers, Executive Director of International Tax at Cummins, and Stephen Madden, Senior Counsel, Tax Policy, Indiana Department of Revenue).

• I presented as part of the “Managing the Appeals Process,” Federation of Tax Administrators (FTA) 2018 Annual Meeting legal breakout session on June 4, 2018, at the Renaissance Hotel in Nashville, Tennessee regarding state efforts to streamline the appeals process and reduce time from appeal to decision by the agency (panel presentation with Jim Arbogast, Texas Office of the Comptroller and Daniel Riley, Maryland Office of the Comptroller).

• I gave a presentation regarding the progression of a case from audit to administrative 26

review to the Tax Court as well as changes within the Department of Revenue and their impact on the Tax Court docket during the Indiana Supreme Court Administrative Conference on February 13, 2018, in the Indiana Court Administration Offices in Indianapolis (presented with Adam Krupp, Commissioner, and Jim Clark, of the Department of Revenue).

• I presented as part of the “Indiana State Tax Developments,” Manufacturers’ Education Council’s Ohio Tax Conference breakout session on January 23, 2018, at the Hyatt Regency in Columbus, Ohio (panel presentation with Adam Krupp, Commissioner of the Indiana Department of Revenue and Mark Richards, Ice Miller).

• I presented as part of an Indiana State Bar Association CLE panel discussion discussing changes to the Department of Revenue protest process, the Department of Revenue’s settlement posture, the burden of proof in alternative apportionment cases, document retention requirements, standards for claiming the research and expense credit, and issues related to determining Indiana residency on November 16, 2017, held in the offices of Barnes & Thornburg, LLP, in Indianapolis (panel presentation with Randal Kaltenmark, Barnes & Thornburg, Francina Dlouhy, Faegre Baker Daniels, and Chris Russell, Policy Director Indiana Department of Revenue, moderated by Mike Gould of VonLehman CPA & Advisory Firm).

• Along with other members of the Indiana Department of Revenue, I attended and presented on changes at the Department of Revenue at the Indiana CPA Society (INCPAS) Tax Resource Advisory Council meeting on November 16, 2017, held at the INCPAS offices in Indianapolis.

• I was one of several legal professionals who gave presentations to international master of laws (LL.M.) students from Indiana University Robert H. McKinney School of Law during “Shadow an Attorney Day” on October 30, 2017. My presentation focused on legal administration of state taxes and differences between Indiana’s system and what the students may be used to in their home countries and was held at the Indiana Department of Revenue offices in Indianapolis.

• I was one of several legal professionals at an informal question and answer session with law students held at Indiana University McKinney School of Law entitled “Pathways to the Profession” on October 3, 2017. My portion covered potential careers in government service and tax law.

• I presented as part of “Keys to a Successful Administrative Protest,” Indianapolis Bar Association CLE on September 21, 2017, at the Indianapolis Bar Association’s education center (I provided the introduction and agency update overview before presentation by Lena Snethen and Laura Rakaska).

• I presented the “Indiana Department of Revenue Legal Practitioner Update September 2017” to review implementation of the changes to the administrative review process and solicit practitioner input and feedback on September 19 and 20, 2017, at the Indiana Government Center Conference Center.

• I presented as part of “Promoting Accountability & Compliance within State Revenue,” 27

Midwestern States Association of Tax Administrators (MSATA) annual conference general session on August 23, 2017, at the Hyatt Regency Indianapolis (panel discussion with Sandra Richtermeyer, Dean of the Manning School of Business at UMass Lowell School, and Gila Bronner, founder and CEO of Bronner Group, and moderated by Paul Joyce, State Examiner for Indiana).

• I presented as part of “Indiana Department of Revenue Update” portion of the HalfMoon Education CLE program entitled “2017 Indiana State Tax Update” on August 23, 2017, at the Indianapolis Marriott East (I provided the introduction and agency update overview before presentation by Lena Snethen and Laura Rakaska).

• I presented as part of “Enhanced State Accountability Frameworks in a Time of Shrinking Resources,” National Association of State Auditors, Comptrollers and Treasurers (NASACT) annual conference concurrent session on August 15, 2017, at the Hilton Nashville Downtown in Nashville Tennessee (presentation with Gila Bronner discussing the creation of the Inspector General / Accountability and Compliance function within the Indiana Department of Revenue by leveraging existing resources in innovative ways without expanding budgets).

• I presented “Current Topics on Indiana Tax Practice” for the Indiana Association for Corporate Renewal on August 10, 2017, at the Sheraton Hotel Downtown Indianapolis (presentation regarding changes within the Department of Revenue legal division with a particular focus on issues of interest to bankruptcy and restructuring professionals).

• I presented the “I have a dispute with IDOR, what happens next?” portion of an Indiana State Bar Association CLE entitled “Meet Adam Krupp, Commissioner of the Indiana Department of Revenue” on July 12, 2017, at the Regions Conference Center in Indianapolis.

• I presented the “Indiana Department of Revenue Legal Practitioner Update 2017” to discuss proposed changes to the administrative review process and solicit practitioner input and feedback on April 25 and 26, 2017, in the Indiana Government Center Conference Center.

• I presented the Bureau of Motor Vehicles’ portion of Indiana Continuing Legal Education Fund (ICLEF) CLE “Traffic Law School 2014” covering motor vehicle criminal laws and annual legislative updates on December 17, 2014, at the ICLEF offices.

• I presented as part of “The Revised Motor Vehicle Code – HEA 1279” during Indiana Office of Court Services Winter Workshop for Judicial Officers on December 12, 2014, at the Renaissance Hotel in Carmel concerning collaboration between the judiciary and Bureau of Motor Vehicles implementing HEA 1279 (2014) (panel discussion with Hon. Stephanie LeMay- Luken, Hendricks Superior Court #5; Kevin Garvey, Deputy Commissioner Central Operations, BMV; Mark Dehn, Program Director, Records Management, BMV; and Melissa Reynolds, Deputy General Counsel, BMV).

• I presented as part of “BMV Process & Procedures,” during Indiana Office of Court Services 2014 Annual Meeting of City and Town Court Judges on October 15, 2014, at the Marten House/Lily Conference Center in Indianapolis discussing Bureau of Motor Vehicles changes and improvements to court order processing (panel presentation with Kevin Garvey, 28

Deputy Commissioner Central Operations, BMV, and Mark Dehn, Program Director, Records Management, BMV).

• I presented the Bureau of Motor Vehicles’ portion of Indiana Continuing Legal Education Fund (ICLEF) CLE “Traffic Law School 2013” covering motor vehicle criminal laws and annual legislative updates on December 19, 2013, at the ICLEF offices.

• I participated in a panel discussion regarding professionalism in the legal professional at the Indiana University Robert H. McKinney School of Law. I do not recall the date, but it was prior to 2015. I also do not recall all the other panel participants. I believe two were Kevin Farrell, of Cline, Farrell, Christie & Lee, and Erin Durnell of Broyles Kight & Ricafort.

• In addition to the above, I have performed significant in-house legal instruction at my various places of employment, in particular working with the internship programs at the Department of Revenue and Bureau of Motor Vehicles and with summer associates at Barnes & Thornburg.

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. Indianapolis Bar Association 2006 – Present: Member January 2021 – Present: Chair Elect Government Practice Section Executive Committee January 2019 – Present: Member of Government Practice Section Executive Committee January 2014 – December 2015: Board of Directors Indianapolis Bar Foundation January 2009 – December 2013: Member of Standing Committee on Professionalism

Truman Scholars Association – Association of Truman Scholarship recipients dedicated to supporting the community of Truman Scholars and to strengthening a commitment to public service in all its forms. 2000 – Present: Member November 2019 – Present: Treasurer* September 2019 – Present: Board of Directors *Note, my involvement as treasurer has been limited since mid-2020 because of increased responsibilities at the State related to managing COVID-19 relief funds.

Federalist Society -- an organization of 60,000 lawyers, law students, scholars, and other individuals founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. July 2017 – Present: Member January 2002 – May 2004: Law school participant

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American Enterprise Institute Leadership Network – AEI’s policy education and professional development program for state-based, mid-career executives in the public, private, and non-profit sectors focused on issues of poverty alleviation, education policy, free enterprise economics, and effective messaging. August 2019 – Present

Republican National Lawyers Association October 2012 – March 2021: Member* * Note, I resigned my membership in conjunction with submitting this application.

Seventh Circuit Bar Association 2006 – 2009, 2013, 2017-2018: Member

Society for Corporate Compliance and Ethics – A member-based association with 6,000+ compliance and ethics members worldwide created to support compliance and ethics professionals across all industries. June 2016 – August 2017: Member

Indiana Leadership Forum – A nonprofit educational organization dedicated to preparing Indiana’s most talented free enterprise, limited government-minded community and business leaders for greater civic involvement, public service, and leadership roles throughout the state. Class of 2014

Indiana State Bar Association August 2007 to June 2014: Member

American Bar Association Circa 2004 – 2006: I believe I had a complimentary membership to the ABA, but I do not recall the dates

Jerome N. Frank Legal Services Organization (LSO) Immigration Clinic 127 Wall Street New Haven, Connecticut 06511 2002 – 2004: Member 2002 – 2003: Student Director

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. St. Thomas Aquinas Catholic Church May 2004 – Present: Member May 2019 – Present: Lector June 2019 – Present: Eucharistic Minister

Scouts BSA Troop 174 September 2014 – Present: Member of Troop Committee September 2016 – December 2016: Second-year scout assistant instructor 30

September 2015 – June 2016: First-year scout assistant instructor

Scouts BSA Troop 171 June 2019 – Present: Member of Troop Committee

Riviera Club – A non-profit social and health facility Mid 2006 – August 2017: Member March 2012 – September 2015: Board of Directors February 2014 – April 2014: President March 2013 – February 2014: Vice President

A Children’s Habitat – A parent-run, Montessori preschool Circa 2008 – 2012: Board of Directors June 2010 – 2011: President June 2009 – 2010: Treasurer June 2008 – 2009: Fundraising Chairman

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. Jewish Community Center August 2017 – Present

As noted above, I am a member of BSA Troops 171 and 174. Troop 171 has limited its membership to young women and Troop 174 has limited its membership to young men. The Indiana Commission on Judicial Qualifications Advisory Opinion #1-94 explains that this membership does not run afoul of the Code of Judicial Conduct:

Many judges have asked about the propriety of engaging in various activities which draw distinctions by gender. Canon 2C does not proscribe participation in mother daughter banquets, men's support groups, college fraternity and sorority alumni groups, boy scouts, girls' basketball, or single-sex fitness facilities. To the extent any of these constitute organizations, participation signifies nothing untoward about the judge's commitment to fairness and impartiality, nor are entire protected classes of people being denied economic opportunity by the exclusions in the activities.

As noted above, I have been a member of the Riviera Club. Prior to my or my family’s membership, the Riviera Club did have a practice of discriminating on the basis of race and potentially other categories. When I was a child, my family refused to join the Riviera Club until it ended its practice of discrimination. Once I was on the Board of Directors of the Riviera Club, I worked to promote diversity and inclusion and include non-discrimination policies and guidance in the Club’s handbook.

D. Describe your hobbies and other leisure activities.

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I enjoy spending time with my children, exploring the outdoors, hiking, gardening, playing games, watching movies, and building models.

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.) In Re: the Marriage of Patrick Price and Sara Spalding Dissolution proceeding filed in Boone County court, cause number #06D01-1704-DC-000415. I was the petitioner. The case was filed April 20, 2017 and dismissed on June 1, 2017.

In Re: the Marriage of Sarah Marie Spalding and Patrick Price Dissolution proceeding filed in Hamilton County court, cause number # 29D01-1704-DC- 003738. I was the respondent. The case was filed April 18, 2017 and an order granting dissolution entered on August 18, 2018. The case is still pending.

State of Indiana v. Patrick Price Driving infraction case filed in Marion County traffic court, cause number #49G13-1012-IF- 145899. I was the defendant. The case was filed on December 27, 2010, and dismissed on June 16, 2011.

John Johnson v. Patrick Price This was a civil tort case based on an automobile accident filed in Marion County court, cause number #49D039512 CT 001702. I was the defendant. The case was filed June 20, 1995 and dismissed because of settlement on September 25, 1997. The litigation was handled by the insurance carrier.

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). Ken Falk Mark Richards Neal Ziliak 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). Lisa Acobert Hon. Neil Gorsuch Peter Rusthoven 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). Dwaine Brinson Curt Greene Susan Phillips

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 [email protected]). 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.

4/8/2021 Date Applicant Signature

Patrick Price

Printed Name

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