Judicial Branch Application for a Court of Appeals Judge Position (Revised: 7‐14‐2018) Part 1: Personal Background Information Form For Submission to the State Judicial Nominating Commission See the “Instructions for Applicants” (a separate page) 1. Applicant’s full name:

Jacob Alden Schunk

2. Current occupation/title. (Lawyers: identify name of firm, organization, or government agency; judicial officers: identify title and judicial election district):

Assistant United States Attorney / Chief, Civil Division – United States Attorney’s Office, Northern District of Iowa

3. City and county of residence: North Liberty, Johnson

4. Age: 40

5. Gender (Female / Male Male):

6. Race/ethnicity: White/Caucasian

Please provide this information so we can determine the extent to which the Iowa courts are attracting candidates from diverse racial/ethnic backgrounds. Please write in the one or two categories that best fit(s) your background. ■ Asian/Pacific Islander (e.g., Chinese, Japanese, Vietnamese, Indian, Pakistani, Filipino, Indonesian, native Hawaiian) ■ Black/African ■ Hispanic/Latina(o) ■ Native American (e.g., Meskwaki, Sioux, Inuit) ■ White/Caucasian ■ Other (write it in one of the boxes)

7. Are you related (within the third degree of consanguinity) to any of the members of the State Judicial Nominating Commission involved in the selection process for the position for which you are submitting this application? (Yes or No) If your answer is “yes,” please explain.

No

8. Have you ever had a social relationship or business relationship (e.g., as a business or law partner) with any of the members of the State Judicial Nominating Commission involved in the selection process for the position for which you are submitting this application? (Yes or No) If your answer is “yes,” please explain. Court of Appeals Judge Application – Part 1: Personal Background Page 1 of 17

No

9. Explain why you are seeking this judgeship position: I am seeking this position because I would like to continue my career of public service, I would like to serve as an appellate judge, and I have a particular interest in serving as a judge on this specific court.

I would not be pursuing this position if it were not directly related to public service. Although I enjoyed my time at private law firms, I have a deep desire to serve the public directly and have dedicated the vast majority of my career to doing so. As someone who also cares deeply about the administration of justice, I am profoundly excited to undertake the weighty responsibility of deciding matters that are of the utmost importance to our state’s judicial system and the litigants.

Serving as an appellate judge is particularly appealing to me because I enjoy reading, researching, and writing about the law. I am drawn to the collaborative nature of appellate courts, where I can engage with fellow judges on different panels to determine how to apply the law correctly. Moreover, I have always loved practicing law, and the idea of being in a position to work with other members of the court to ensure the law is applied fairly and consistently to Iowans is an opportunity beyond compare.

Serving on this particular court is also especially appealing to me. This is my first time applying for a judicial opening, largely because it is the first time I have been in a position to apply for a vacancy on this court. Iowa Court of Appeals judges are tasked with deciding a wide variety of cases in relatively short time periods. I am prepared for that responsibility and welcome the challenge and excitement of working on so many cases and on so many different types of cases. As a native Iowan (Shell Rock) and someone who chose to return to Iowa after living and practicing law in other places, I also love Iowa. I would like a voice in ensuring the judicial system works as it should for all Iowans, and this judgeship would allow me the unique opportunity to do that.

10. Explain how your appointment would enhance the court:

I have been trusted with significant responsibilities over the course of my career, I have extensive appellate experience, I have been recognized as someone who can write well, and I have a diverse legal background.

Throughout my career I have been recognized as someone with the judgment, temperament, and work ethic to handle complex cases and to shoulder significant responsibilities. I currently oversee the entire civil practice for the United States Attorney’s Office for the Northern District of Iowa, which includes both a robust affirmative practice focused on civil fraud and a diverse defensive practice. I received one of the Department of Justice's highest awards for my successful efforts growing our district's affirmative practice, and I have successfully defended a Court of Appeals Judge Application – Part 1: Personal Background Page 2 of 17 variety of claims against the United States – from tort cases arising from accidents on rural highways to negligence actions alleging government officials caused tens of millions of dollars in damages. In addition, while working for the Department of Justice in Washington, I was selected to lead a litigation team where more than $500 million was in dispute, and I participated in two significant trials where the amount sought exceeded $60 million. When an unsuccessful bidder challenged the Department of Defense's $7.7 billion contract award for linguistic services worldwide, my office also chose me to lead the team tasked with defending the United States' procurement decision.

Although I have more experience litigating civil cases, I have also been trusted to handle a range of criminal matters. I have served as the lead attorney on a variety of criminal matters, from prosecutions for gun crimes, identity theft, and embezzlement, to more significant white collar crimes. At present, I am the lead attorney on one of the two or three largest fraud cases in the Northern District of Iowa’s history.

I also have significant appellate experience. I clerked for a federal appellate judge (the Hon. Diana E. Murphy, former Circuit Judge for the United States Court of Appeals for the Eighth Circuit), and I have written a significant number of briefs and presented arguments to multiple appellate courts. During my tenure at the Department of Justice, I have been chosen to represent the United States in several significant appellate matters – including one case where the potential exposure to the public fisc extended into the tens of millions of dollars and another where the exposure was similarly high and that ultimately went before the United States Supreme Court (at which point the Office of the Solicitor General took lead responsibility for the case).

I am also an experienced legal writer. Clerking for a total of approximately two and one half years for a federal appellate judge and a federal district court judge (the Hon. John R. Tunheim, Chief Judge, District of Minnesota) honed my writing skills and forced me to focus on the details necessary to write clearly, articulately, and understandably. Since completing those clerkships, I have submitted briefs and memoranda to numerous state courts throughout Iowa and Minnesota and to multiple federal courts. I also taught legal writing at American University Law School in Washington, D.C. (as well as civil pretrial advocacy at the University of Iowa College of Law). In addition to other courses, I have also taught part of a motion writing and argument course for Department of Justice attorneys at the National Advocacy Center in Columbia, South Carolina, for about five years.

My diverse legal background will enable me to judge each dispute and case before me impartially and without any unfair predisposition. In addition to handling all sizes of civil matters on behalf of the United States, I have represented individuals involved in a range of disputes in both Iowa and Minnesota and served as counsel to extremely large corporate clients. I have represented several clients in family law proceedings and have appeared numerous times in small claims court in Iowa as well as in a variety of other courts in Minnesota, Washington, D.C., and elsewhere. My criminal practice, similarly, has involved both prosecuting a variety of crimes as well as representing criminal defendants in state and federal court. In sum, my work on both

Court of Appeals Judge Application – Part 1: Personal Background Page 3 of 17 civil and criminal matters, as counsel to individuals, small entities, and extremely large corporate clients, and my time representing the United States both in Washington, D.C., and back home in Iowa, has given me the breadth of experience necessary to handle the wide range of subject matters that come before a judge on this court.

11. Identify any offenses for which you have ever been convicted or pled guilty for the violation of any federal law or regulation, state law or regulation, or county or municipal law, regulation, or ordinance, excluding convictions that have been properly expunged. Do not include traffic violations for which the court imposed a fine of $250 or less, unless you were arrested. (Use “Tab” in last row to add more rows.) Convicted of Seriousness of Location of Disposition Sentence / Sentence (describe charge (e.g., court type Penalty date offense) serious (County, State) (Plea, judge (mo/day/yr) misdem., ruling, jury felony) verdict) N/A

12. Has any local, state, or federal office/agency ever assessed or threatened to assess you with a civil or criminal penalty in connection with the reporting of, or failure to report, your federal, state, or local taxes? (Yes or No) If yes, provide details.

No

13. Have you ever been the subject of a no‐contact order? (Yes or No) If yes, provide details (case number, county, state, date issued, date rescinded, and reason for the NCO).

No

14. Have you ever been a party in any legal proceeding (excluding traffic violation cases for which a fine of $250 or less was imposed, unless you were arrested)? If yes, provide the following information: (Use “Tab” in last row to add more rows.)

Case number County, Date Date close Description of case and outcome State filed N/A

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15. Have you ever been publicly disciplined in any manner for a breach of professional ethics or unprofessional conduct by any court, administrative agency, bar association, disciplinary board, or other professional group? If yes, provide the following information: (Use “Tab” in last row to add more rows.)

Name of discipline Date Description of the ethics Description of the public board or agency discipline violation discipline imposed N/A

16. List each college and law school you attended, including the dates of attendance, the degree awarded, and your reason for leaving each school if you did not receive a degree from that institution was awarded. (Use “Tab” in last row to add more rows.) College(s) and Law School(s) Dates Degree(s) Month/Yr – and reason for leaving, if applicable Attended Received (Mo/Yr to Mo/Yr) Concordia University, St. Paul (with honors) 8/97 to 5/01 B.A. 5/01 University of St. Thomas School of Law (7th out of 8/01 to 5/04 J.D. 5/04 115)

17. List any relevant honors, prizes, awards, or other forms of recognition that you have received for educational, professional, or community contributions/achievements. (Use “Tab” in last row to add more rows.) Name/Title of Honor, Prizes, Awards Awarded by: Month/Yr Received Director’s Award – Superior Performance as a Civil Department of June 2018 Assistant United States Attorney Justice DOJ Civil Division Perseverance Award Department of December 2015 Justice Dean’s Scholarship Recipient (Full Tuition) University of St. August 2001‐May Thomas 2004 Law Review – Member and Senior Editor University of St. August 2002‐May Thomas 2004

18. List all articles and books you have published; include the citations and dates. (Use “Tab” in last row to add more rows.)

N/A

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19. List all public presentations you have made at educational, professional, or other public forums; include the citations and dates. (Use “Tab” in last row to add more rows.) Title of Presentation City, State Event Sponsor Month & Year Navigating the Perceived Tension Minneapolis, University of St. October 2017 Between Personal Ethics and the Duties MN Thomas School of October 2018 of an Advocate Law Lawyering as a Vocation Iowa City, IA One Ancient Hope April 2016 Presbyterian Church Motions to Dismiss and Rule 12 of the Columbia, SC Department of July 2013‐17 Federal Rules of Civil Procedure (as well Justice National (annually) as a small group instructor) Advocacy Center Offers of Judgment Columbia, SC Department of September Justice National 2011 Advocacy Center (approximate) False Claims Act 101 Throughout Department of From 2012 to Iowa and once Justice 2018 I gave in Minnesota numerous presentations about the False Claims Act to groups across Iowa, including at local bar association meetings, law firm gatherings, and medical provider conferences. Deposition Practice and Trial Advocacy Columbia, SC Department of I served as a Justice National small group Advocacy Center instructor for multiple deposition skills or trial advocacy skills courses from 2010 to 2014. Court of Appeals Judge Application – Part 1: Personal Background Page 6 of 17

20. List all part‐time and full‐time teaching positions you have held. (Use “Tab” in last row to add more rows.) Name of School / College City, State Name of Month/Yr Full‐time or Course(s) to Part‐time Month/Yr University of Iowa College of Iowa City, IA Civil Pretrial July 2013 Part‐time Law Practice to August 2013 American University – Washington, Legal Writing August Part‐time Washington College of Law DC 2009 to May 2012

21. List the courts or jurisdictions in which you are, or have been, admitted to practice law, including any administrative bodies with special admission requirements, and the dates of admission for each. (Use “Tab” in last row to add more rows.)

State and federal jurisdictions in which you are, or have been, Month/Yr admitted to practice law Admitted Iowa 09/04 (inactive from 2006 to 2012) Minnesota 04/07 (inactive since approximately 2016) Supreme Court of the United States 11/07 United States Court of Appeals for the Eighth Circuit 12/04 Northern District of Iowa 01/05 Southern District of Iowa 12/04 District of Minnesota 04/07 United States Court of Federal Claims 09/08

22. List chronologically the employment you have had since your initial admission to practice law in any state or federal jurisdiction. For each time period, provide the following information as applicable: a. If you served as a law clerk to a judge, provide the name of the judge, the court, and the court’s location.

Dates (From ‐‐ To) Name of judge, name of court, and court location May 2005 to May Hon. Diana E. Murphy (deceased), United States Court of Appeals for the Court of Appeals Judge Application – Part 1: Personal Background Page 7 of 17

2007 Eighth Circuit, Minneapolis, MN May 2007 to Hon. John R. Tunheim, United States District Court for the District of September 2007 Minnesota, Minneapolis, MN

b. If you have practiced law, provide the following information for each position you have held: (1) Name of the law firm(s), company, or government agency that employed you, (2) City and state where the office was located, (3) Number of attorneys in the law firm or agency, (4) Whether you were a partner in the firm, (5) The areas of law in which you practiced, and (6) A description of the typical clients you represented. (Use “Tab” in last row to add more rows.)

Dates (From ‐‐ To) Description of law practice (address topics in 22(b)(1) – (6) for each time period) August 2004 to (1) Davis, Brown, Koehn, Shors & Roberts, P.C. May 2005 (2) Des Moines (3) Approximately 80 (4) I was an associate. (5) I was in general civil litigation, although my practice was somewhat different than most litigators in the firm in that I worked on a few personal injury contingent matters and also did a limited amount of criminal defense work. (6) My practice was varied. I represented clients in family law matters, small and large companies in commercial disputes, and a small number of criminal defendants. August 2007 to (1) Lindquist & Vennum, LLP July 2008 (2) Minneapolis, MN (3) Approximately 180 (4) I was an associate (5) Like during my time at Davis, I was also in the general civil litigation division, but I also did a fair amount of criminal defense work. (6) Again, my practice was varied. I do not recall representing any family law clients while at Lindquist, but I represented clients of all different sizes and in a range of industries, including a few extremely large corporate clients. I again also did some criminal defense work – both in court appointed matters as well as in retained cases. July 2008 to July (1) Department of Justice – Commercial Litigation Branch 2012 (2) Washington, DC (3) Approximately 150 (4) I was a Trial Attorney. Court of Appeals Judge Application – Part 1: Personal Background Page 8 of 17

(5) I primarily represented the United States in commercial disputes brought by corporate entities. I also represented the United States in some appeals from administrative boards, including the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, the Merit Systems Protection Board, and the Board of Veterans Appeals. (6) I only represented the United States and its agencies. The suits were brought by small government contractors as well as some of the largest corporate entities in the United States. July 2012 to (1) United States Attorney’s Office Present (2) Cedar Rapids, IA (3) Approximately 20 (4) I am an Assistant United States Attorney. I was also promoted to serve as the Chief of the Civil Division in 2017. For a year period I also served as a Special Assistant United States Attorney for the United States Attorney’s Office in Des Moines. That office was missing an affirmative civil attorney so I volunteered to help with that district’s affirmative caseload during that period. (5) I represent the United States in a range of civil matters – from defensive tort suits to affirmative fraud actions. I also handle a variety of criminal cases. (6) I only represent the United States and its agencies.

23. Regarding your legal experience: a. Approximately what percentage of your court appearances have been in the following types of courts?

Type of court % of appearances (1) Federal courts 80 (2) State courts 20 (3) Administrative agencies 0 (4) Other tribunals 0

b. Approximately what percentage of your time have you spent on the following types of cases?

Types of cases % of your time (1) Administrative 5 (2) Civil 75 (3) Criminal 15 Court of Appeals Judge Application – Part 1: Personal Background Page 9 of 17

(4) Domestic 4 (5) Juvenile 0 (6) Probate 1 (7) Other (describe):

c. In the past 10 years, approximately how many cases have you tried to a conclusion (rather than settling) before a judge and before a jury? Indicate the number in which you were sole counsel, chief counsel, or associate counsel.

Total # of # as sole # as chief # as Type of trial trials counsel counsel associate counsel Tried before a jury 3 1 2 Tried before a judge 5 2 3 Column Total 8 3 5

d. In the past 20 years, in approximately how many cases have you have represented a party in an appeal to an appellate court in any state or federal jurisdiction? Indicate the number in which you were sole counsel, chief counsel, or associate counsel.

Appellate court* Total # # as sole # as # as # in which you of counsel chief associate presented oral appeals: counsel counsel argument 0 Iowa Court of 0 Appeals Other state appellate 1 1 court (identify): Minnesota Court of Appeals Federal Circuit 28 15 3 10 17 Courts U.S. Supreme Court 2 2 Total 31 15 3 13 17 * Count it as an appeal to an intermediate court of appeals (ICA) ‐‐ e.g., Iowa’s Court of Appeals ‐‐ if the state intermediate court of appeal initially handled it; count it as a separate appeal to the supreme court (SC) if the SC accepted it upon a petition for further review from the ICA; count an appeal to the supreme court if the SC retained jurisdiction without first assigning it to Court of Appeals Judge Application – Part 1: Personal Background Page 10 of 17

the ICA. (Use “Tab” in last row to add more rows.) e. Describe the general nature of your current law practice, including the substantive areas of the law in which you practice (e.g., civil, domestic, criminal) and the approximate percentage of time you have spent on each area over the past five years:

As the Chief of the Civil Division, I oversee our district’s civil practice, which includes everything from defensive tort cases, to bankruptcy proceedings, to contested foreclosures in state and federal court, to suits brought under the Administrative Procedures Act, to multi‐million dollar fraud investigations. I personally handle almost all of our district’s affirmative fraud cases and a significant portion of the defensive cases. I am also personally responsible for the majority of our district’s state court real estate matters. I also have a criminal docket and typically work on several criminal cases per year. Over the past five years, I have spent approximately 80% to 85% of my time doing civil work and 15% to 20% of my time doing criminal work.

24. Describe three of the most significant legal matters that you have personally handled. For each of the significant legal matters include the following information: a. Title of the case and the county and state of venue, b. A brief summary of the substance of each matter, c. A succinct statement of what you believe to be the significance of it, d. The name of the party you represented, e. The nature of your participation in the case, f. Dates of your involvement, g. The outcome of the case, h. Name(s) and address(es) [city, state] of co‐counsel (if any), i. Name(s) of counsel for opposing parties in the case, and j. Name of the judge before whom you tried the case. Note: if the matter was confidential, please avoid the use of any information that may allow disclosure of the identity of the parties. Significant legal matter #1:

a. Science Applications International Corporation v. United States, Washington, DC b. The plaintiff challenged the government’s award of a contract for worldwide linguistic support for military operations and exercises. c. The dispute involved vital services – linguistic support for Department of Defense operations – and a total contract award of up to $7.76 billion. d. I represented the United States. e. I was the lead attorney for the United States. f. 2011‐2012

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g. The government prevailed. h. Seth Greene, Washington, DC i. Joseph Billings, Baltimore, MD j. Hon. James F. Merow

Significant legal matter #2:

a. Arctic Slope Native Association, Ltd. v. United States, Washington, DC b. I represented the United States in two appeals brought by a Native American Tribe. In the first, the tribe challenged a board’s reliance on a statutory cap to limit the tribe’s recovery of certain costs incurred when performing work under a self‐ determination contract. In the second, the tribe challenged a board’s decision that a class action suit did not equitably toll the tribe’s claims. c. In both cases the outcome of the case would be binding precedent on myriad claims yet to be filed or then pending. The total exposure to the public fisc extended, at least, into the tens of millions of dollars. d. I represented the United States. e. In the first case, which eventually went to the Supreme Court, my office selected me to handle the oral argument after the attorney who drafted the brief became disabled. I was the sole attorney assigned to brief and argue the second case. f. 2010‐2012 g. The government prevailed in the first case 3‐0, but the Supreme Court ultimately granted certiorari and reversed 5‐4. The Office of the Solicitor General took the lead role in the Supreme Court proceedings. In the second case the Government lost 2‐1. h. None i. Lloyd B. Miller, Washington, DC j. First Case: Circuit Court Judges Lourie, Bryson, and Dyk Second Case: Circuit Court Judges Bryson, Mayer, and Reyna

Significant legal matter #3: a. FDIC v. Dosland, Northern District of Iowa b. The receiver for a failed institution brought suit against the institution’s former officers and directors alleging gross negligence, negligence, and breach of fiduciary duty. The officers and directors then filed a third party complaint against the United States under the Federal Tort Claims Act, alleging under Iowa law that the institution’s Court of Appeals Judge Application – Part 1: Personal Background Page 12 of 17

regulators negligently regulated the bank and that it was negligent regulation that led to the institution’s losses. c. The case involved complex and important legal issues regarding governmental immunity and a complex factual background. Further, the third party complaint alleged damages against the United States exceeding $50 million. d. I represented the United States. e. I was the sole attorney assigned to represent the United States. f. 2014‐2015 g. The court dismissed the claims against the United States. h. None i. David Tank, Des Moines, IA j. Hon. Mark W. Bennett

25. Have you served as a judicial officer in any state? (Yes / No): No If “No” – skip to # 26. a. If “Yes” ‐ provide the following information: (Use “Tab” in last row to add more rows.)

Dates (From ‐‐ Judicial title County or District Types of cases within your To) jurisdiction

b. If you have been a judicial officer in Iowa during the previous five years: (1) How many times did you fail to file the monthly Rule 22.10 reports by the report deadline?

(2) During the past five years, how many cases did you list on your Rule 22.10 reports that were more than the following number of days old from the time they were submitted for a ruling?

120 days 180 days old 240 days One year old old old # of cases more than:

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26. If you are currently an officer, director, partner, sole proprietor, or otherwise engaged in the management of any business enterprise or nonprofit organization other than a law practice, provide the following information about your position(s) and title(s): (Use “Tab” in last row to add more rows.)

Name of business / Your title Your duties Dates (From ‐‐ organization To) Christ in Capitals Director I serve on the organization’s July 2016 to board of directors. present

27. List all county, state, and national bar association and professional organization memberships and the years you have been a member of each (e.g., 1998 to present), and identify any committees on which you have served and offices you have held in those organization(s) ‐ and the titles and dates of any offices you have held. (Use “Tab” in last row to add more rows.)

Professional associations to which you Committees / Offices Dates (From ‐‐ have belonged To) Iowa State Bar Association April 2018 to present

28. List all local, county, state, and national government (including but not limited to judicial branch) commissions, task forces, or advisory committees on which you have served ‐ and any titles (e.g., chair) you have held on such commissions or committees. (Use “Tab” in last row to add more rows.)

Dates (From ‐‐ Government commissions, task forces, etc. on which you served To) None

29. Describe your pro bono work during the past 10 years: a. Approximate number of pro bono cases you’ve 15‐20 (not including cases handled handled: while at walk‐in clinics in Washington, DC ) b. Average number of hours of pro bono service per 20‐40 year: c. Types of pro bono cases: While in private practice in Minnesota, I volunteered to represent a woman whose parental rights were terminated after a large law firm represented the county during the trial level termination proceedings. While working for the Department of Justice in Washington, I worked at weekend clinics where I provided

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counsel to individuals seeking assistance with a range of ongoing legal problems. When I moved back to Iowa, I re‐initiated my office’s pro bono relationship with Iowa Legal Aid, which involves the representation of clients in protective order proceedings.

30. List any employment outside of the legal profession that you have had since graduating from law school that may be relevant to this application; include: (a) the dates, (b) organization or business for whom you worked, and (c) duties you performed. (Use “Tab” in last row to add more rows.)

Dates (From ‐‐ Business / Organization Name, City, Your Duties To) State N/A

31. Have you ever held public office or have you ever been a candidate for public office? If the answer is “yes,” describe the public office held or sought, the location of the public office, and the dates. (Use “Tab” in last row to add more rows.)

Dates (From ‐‐ Public office(s): Indicate “Held” or “Sought” and Location To) N/A

32. Provide the following information on your military service (if any): (Use “Tab” in last row to add more rows.)

Dates (From ‐‐ Military Current Rank Location and dates of Current Status To) branch service in other (Active/Inactive) countries N/A

33. List any civic, charitable, religious, educational, social or fraternal organization(s) to which you belong or provide volunteer services. Describe the nature of your involvement with the organization(s), including any offices you have held with the organization(s). (Use “Tab” in last row to add more rows.)

Dates (From ‐‐ Organization Name Nature of your involvement To) October 2012 to One Ancient Hope Member Present Presbyterian Church (Presbyterian Church of America)

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34. List all the social media applications (e.g., Facebook, Twitter, Snapchat, Instagram, Linkedin) that you have used in the past five years and your account name or other identifying information (excluding passwords) for each account. (Use “Tab” in last row to add more rows.)

Social media application name Account name or other identifying information Facebook Jake Schunk

35. References: List the names, addresses, and telephone numbers of at least five persons who are in a position to provide knowledgeable comments about your qualifications for this judicial position.

Name Address Telephone number Hon. Todd Hughes United States Court of Appeals for the Federal (202) 275‐8840 Circuit Court Judge Circuit (former supervisor) 717 Madison Place, N.W. Washington, DC 20439 Hon. John R. Tunheim United States District Court (612) 664‐5080 Chief District Court Judge 15 U.S. Courthouse (former supervisor) 300 South 4th St. Minneapolis, MN 55415 Pete Deegan United States Attorney’s Office (319) 363‐6333 United States Attorney U.S. Courthouse (current supervisor) 111 7th Ave. SE, Box 1 Cedar Rapids, IA 52401 Marc Krickbaum United States Attorney’s Office (515) 473‐9300 United States Attorney U.S. Courthouse Annex (former supervisor) 110 East Court Avenue, Suite # 286 Des Moines, Iowa 50309‐2053 Jeanne Davidson United States Department of Justice (202) 616‐8277 Director – Department of Commercial Litigation Branch Justice 1100 L Street, NW (former supervisor) Washington, DC 20530

36. Provide any additional information that may reflect positively on you or which you believe would assist the State Judicial Nominating Commission in selecting nominees for this position.

I believe my experience litigating a wide range of both civil and criminal matters has prepared me for the job of serving on this court of general jurisdiction. I also believe that the significant trust and responsibility placed in me in those roles indicates that I possess the skills, capacity, Court of Appeals Judge Application – Part 1: Personal Background Page 16 of 17

and work ethic to serve the people of Iowa well in this position. Although I have primarily represented the United States for the past several years, I have Iowa state court experience. Iowa is the first state where I was licensed, and I began my law career at the Davis firm in Des Moines, both as a summer associate and associate attorney. Moreover, Iowa substantive or procedural law applies in nearly all of the civil cases where I am the assigned or supervising attorney. At any given time, I am also the attorney of record in several state court matters where the United States is a named defendant. While many of those state court cases are uncontested real estate matters, a number involve contested legal issues, complex state law issues, and/or appearances in state court. As examples of the types of state issues I encounter as an Assistant United States Attorney doing civil matters, my first writing sample is from a probate filing I filed in a case involving the United States Department of Agriculture in Hardin County District Court in November 2018. Similarly, my second writing sample is from a federal district court case where a significant liability question hinged in part on the application of Iowa tort law.

37. When you submit this application form, attach at least two writing samples (e.g., brief, opinion, or book) that reflect your personal work. Note: Do not submit a writing sample that includes confidential information about you or any other person unless you remove/ redact the confidential information to obscure the identity of the parties and any information that may allow disclosure of the parties' identity.

38. Photo: If you are willing, please provide a photo of yourself. In the event you are one of the nominees, your photo will be shared as part of the press release.

39. Certification. I certify under penal f perjury and pursuant to the laws of the State of Iowa that the information I have provi ab e is true and correct.

! Applicant's signature: f------~--t1::;;,""-~--'---.--=------1

I Attorney PIN: I

I Date:

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