.. Duffy. Pam" <Pam.Duffy@dmu.

edu> 01/25/201110:34 AM

To "SupCtNom@iowacourts.gov" <SupCtNom@iowacourts.gov> cc

Subject Comments on applicant Lorraine J.

May, Esquire

Dear Commissioners:

I am writing to support the nomination of lorraine J. May to the Iowa Supreme Court. I have known Attorney May for over 25 years through her professional work and community service. Her reputation for fairness, objectivity, and critical thinking are renowned. During her years in Practice she has been admitted to the Iowa Supreme Court (1976), Southern District Court of Iowa (1976), the Eighth Circuit Court of Appeals (1976), and the United States Supreme Court (1984). She is known for her work ethic, her attention to detail, her tenacity on behalf of her clients, and her legal acumen. The breadth and depth of her legal practice and experience speaks for itself as found in her personal data questionnaire.

As impressive as her contract, litigation, and corporate legal work is her community service such as the Board of Directors of various not-for-profit, charitable organization, and the associations that advocate for vulnerable populations. In each of her roles as a board member, chair, or leader of special projects, she has made indelible impressions and contributions. In addition, she served the State of Iowa on the Iowa Racing and Gaming Commission.

There is likely no other individual applicant with the combined professional and personal background and preparation to participate on the Supreme Court as lorraine May.

All of her experiences, both personal and in the law, have culminated in her absolute readiness to serve on Iowa's highest court. I give her my highest recommendation and exhort the nominating commission to select her for an Iowa Supreme Court Justice position.

Best Regards,

Pamela A. Duffy, PT, PhD, OCS, CPC, RP

Assistant Professor, Master of Public Health Program Des Moines University

Phone: 515.271 .7811

Fax: 515.271.7106

Pam. Duffy@DMU.edu

www.dmu.edu

t

DES MOINES-f"-UNIVERSITY

roweconsultinglc

25 January 20 II

Iowa State Judicial Nominating Commission 1111 East Court Avenue

Des Moines, Iowa

Dear Commissioners:

It is with great pleasure and admiration that I submit this letter of recommendation for Lorraine NIay. I've known Lorraine May for more than 20 years, and I proudly count myself among her many good friends.

I moved from California for the position of director of the Blanden Art Museum in Fort Dodge, Iowa, and was later recruited to the Des Moines Art Center where I served as Deputy Director, and as Acting Director, Currently, I work as the director of the Greater Des Moines Public Art Foundation. Lorraine and I met through the women's professional network called Nexus, where she is a highly respected colleague. One of Nexus' founding members, she developed this dynamic organization through her strong leadership and sound judgment. A powerhouse of energy, she stands out as one of the most articulate voices on a myriad of issues and topics within this professionally and politically diverse group.

As a former client, I have observed her dedication and patience. She is an brilliant thinker; strategic, principled and extremely effective. Her insights are always forthright and invaluable. Above all else, she brings a passion to her professional work that ignites those around her. This spirit extends to her work in the community that speaks to her ability to relate to all types of individuals.

In 2006, we worked closely together on a project for the U.S. Center for Citizen Diplomacy, a non-partisan, 501(c)3 organization. The project benefited from Lorraine's interests of global issues. Harriet Fulbright, the wife of the late Senator Fulbright, traveled to Des Moines, Lorraine provided opportunities for young people to learn about the importance of international relations "one handshake at a time" and to engage in dialogue with 1\'1s. Fulbright.

Lorraine is remarkable in countless ways; she is accomplished and diplomatic; she has common sense and high ideals; her good humor is infectious; and she frequently surprises me with her political independence. She is an inspiration, as well as a role model. Lorraine and her husband Tom's deep love for love each other and their three gifted daughters are a reflection of her tremendous veracity, and level of dedication.

It is rare to find someone with her grace, professional candor, vision, and ability. Therefore, I believe she possesses the abilities and characteristics that I would want to see in aJustice deciding cases that will affect my life as a citizen of Iowa. "Vithout hesitation, I champion Lorraine's applicatio,? to the Iowa Supreme Court.

Y'Cl T{.ly,

The Liberly BuildIng I/j 18 Sixth Avenue. Suile 9031 Des t.1oines. Iowa ~0309

LAW OFFICES 01<'

U~~KINS

Cl'V- UEBNER, P.C.

f)~s Moines Offlce

2700 Crnnd Avenue, Suite III n~·s ;\Joines, Iowa 50312-5213 l'Irone: 515-244-0111

Fax; 515·244-8935

E. J. Giovannetti JclrH. Jeffries

R. Ronald Pogge Dennis L. Hanssen Lorraine J. May William L DaIVe

E. J. Kelly+

Gregory T. Racette II Valerie A. Landis JeO-;"!. Margolin • Anne L. Clark \Iatthcw A. Grotucs Jane V. Lorentzen Hugh J_ Cain

Tina;"l. Eick

Barbara A_ Hering Erin Q_ Palso

Apryl M. Dcl.angc 11101113S P. l\! urphyo Patrick T. Vint * Nicholas W. PIaU Michelle R. Rodemyer Brian T. ISTadO

Robert C Landess (Ot'Counsel)

Terrence t\. lIopkins (Retired) Frank T. Harrison (Retired) Thomas J. Logan (Retired)

Fred D. Huebner (l919-1996) Marvm E. Duckworth (1942-200.1) Philip 1 L Dorff (1949-2009)

QU:HI Cities orn« Northwest Bank Tower

100 E. Kimberly RO:Hl, Suite 704 i):I\'CIlJlOrl, lowu 52806·5944

I' hoil c: 563-445-2264

Fax: 563-445-2267

M. Anile McAtee • Michael C. Walker • Paul Salabcrt, Jr. * ;o.laggie It Mantcmach *

An~1 Office

1009 !llain Street 1'. a.Box 99

Adel, Iowa 50003-1454 PhIllIC: 515-993-4545 F:lX: 515-993-5214

James L Van Werden Adam Doll

• Abo admitted in Illinois

j. Also admitted in Nebraska # Also admitted in Michigan

o Also admitted in Arizona

o Also admitted in Missouri

www.hopklnsandhuehner.cem or www.hhlawpc.com

RECEIVED

.IAN 2 6 2011

January 24, 2011

STATE COURT ADMINISTRATOR

David K. Boyd

State Court Administrator 1111 East Court Avenue Des Moines, Iowa 50319

Re: Lorraine May

Dear Mr. Boyd:

Lorraine and I have been law partners since 1998. Without any doubt, she is knowledgeable, articulate, and learned in the law. Her passion for the law and equity is unsurpassed.

Lorraine exhibits an analytical approach to fairness with insight to people and situations, She possesses the ability to ferret purpose and motive in a skillful manner. Her sense of people is such that although folks may differ with her, they are never -offended and frequently persuaded by her approach. Sensitivity, yet maintaining balance, may well be her hallmark as I have observed Lorraine's very positive effect on our community in multiple capacities.

With neither hesitation nor condition, I urge and support Lorraine's candidacy for the Supreme Court.

Respectfully submitted.

HOPKINS & HUEBNER, P.e.

z._ \.>:;,L _. .

E. J. Gkv~ctti

Des Moines Office Direct Dial: 515-697-4236 Direct Fax: 515-697-4299

S:\EJG\Corr\May leiter 11012Ldoc4342

.. Thomas H. Makeig" <tmakeig12@lIsco.com> 01/26/2011 11 :24 AM

To <SupCtNom@iowacourts.gov> cc

Subject Supreme Court applicant Michael Mullins

State Court Administrator, Iowa Judicial Branch Building 1111 E. Court Ave.

Des Moines, Iowa 50319

Ladies and Gentlemen of the Judicial Nominating Commission:

I commend to you the candidacy of District Judge Michael R. Mullins for a position on the Supreme Court. Having practiced before him since his appointment in 2002, I can attest to his integrity, professionalism, and practical approach to the resolution of disputes that come before him.

Judge Mullins is an excellent choice for the position of justice on the Iowa Supreme Court.

Sincerely, Tom Makeig

Thomas H. Makeig

Thomas H. Makeig, PLLC, Attorneys 601 So. 23rd Street

PO Box 931

Fairfield, Iowa 52556

voice: (641) 472-2235

fax: (641) 472-6347 tmakeig@makeiglaw.com

Ann M. Smisek 526 14th Street

West Des Moines, IA 50265

The Hon. David Wiggins

Chair, State Judicial Nominating Commission Iowa Supreme Court

Judicial Building

1111 East Court Avenue Des Moines, IA 50319

Re: Applicant Judge Michael Mullins

Dear Justice Wiggins and Members of the State Judicial Nominating Commission:

I am writing to express my support of Judge Michael Mullins in his application for the Iowa Supreme Court. I first met Judge Mullins in the summer of2005, after I completed my first year of law school at the University of Iowa. I was temporarily hired by the Eighth District to help the court during a law clerk's maternity leave that summer. I was excited to have the opportunity and assured by the Eighth District Court administrator that I would be working most closely with Judge Mullins and that he would provide great mentorship to me.

I was not disappointed. He provided great legal and writing instruction to me and also showed me his respectful and thoughtful approach to decisionmaking. Although I only had one year of law school study, Judge Mullins took me under his wing, spent time talking with me about cases, was always available for my many questions, and planned for me to sit in during proceedings to get a first-hand understanding of the legal process. In discussing cases, he asked for my own opinion and was receptive to my thoughts, even with my limited understanding. When evaluating my drafted memos, he provided meaningful feedback. I will never forget his advice on how to layout the facts and legal analysis before stating a conclusion as opposed to stating the court's conclusion and then providing the legal reasoning justifying that conclusion. He advised that this organization shows how the law leads to the conclusion and the law was not used to support a specific result the court was inclined to reach. This may seem like a simple concept, but I think it is a critical component to a judicial perspective that can be overlooked easily.

I have since graduated from the University of Iowa College of Law and went on to clerk for Chief Judge Sackett on the Iowa Court of Appeals for several years. I am now an administrative law judge. I attribute my own progress in large part to the initial teachings from Judge Mullins. I hope the nominating commission considers this as evidence of Judge Mullins's ability to lead by example and approachable demeanor when evaluating his qualifications for the court.

I also hope the commission considers his intellect. In my work and involvement in various bar activities and other legal groups, I have had occasion to talk with others who know Judge Mullins. When his name comes up in conversation, I am often told how intelligent Judge

Mullins is. I believe he has a state-wide reputation for having a technical and superior understanding of the law. This, coupled with his practical experience from the district court level, would be an asset to the Supreme Court.

Judge Mullins has also exhibited his dedication to aiding the judiciary. He is renowned for his development of a program to assist judges in navigating the sentencing guidelines. Judge Mullins began this project on his own initiative but it seems every judge in the state has come to rely on this tool and his ongoing efforts to keep it updated.

In sum, Judge Mullins should be considered a top candidate for the Supreme Court bench. He has the intellect and writing abilities for the job. He provides a valuable perspective from the district bench and the eastern part of our state. He is respectful and will consider alternative viewpoints. He is dedicated to improving the judiciary. I hope you will give serious consideration to Judge Mullins when selecting finalists for the Supreme COUlt vacancies.

Sincerely,

Ann M. Smisek

AIm M. Smisek 526 14th Street

West Des Moines, IA 50265

The Hon. David Wiggins

Chair, State Judicial Nominating Commission Iowa Supreme Court

Judicial Building

1111 East Court Avenue Des Moines; IA 50319

Re: Applicant Elisabeth Reynoldson

Dear Justice Wiggins and Members of the State Judicial Nominating Commission:

I am writing to express my support of Elisabeth Reynoldson in her application for the Iowa Supreme Court.

I first became acquainted with Elisabeth when I saw her argue before the Iowa Court of Appeals as an Assistant Attorney General. As a law clerk to Chief Judge Sackett for several years, I had the benefit of reading many appellate briefs and watching many oral arguments. What struck me about Elisabeth's arguments; both in writing and orally, was her judicial tenor, despite being in the position of an advocate. She displayed a calm, logical tone and closely tied her points to the scope of review. She presented her arguments with case support, not adjectives. I believe these qualities are crucial to crafting a fair and comprehensive court opinion.

In watching Elisabeth's arguments to the Court of Appeals, it was also apparent to me that she both felt a great deal of pride in appearing before the court and understood that each case deeply affects real people. As a justice on the Iowa Supreme Court, I know Elisabeth would apply the law without passion; with humility, and with respect for the parties,

I have also had the pleasure to get to know Elisabeth more through the Iowa Organization of Women Attorneys. I am the current president and Elisabeth is a co-representative for the Fifth judicial district. Elisabeth expressed interest in becoming involved, in part, to help represent the more rural areas of the Fifth district. I was thrilled that she had volunteered. I knew that she was involved in many bar organizations and initiatives and felt she could contribute great leadership to our cause. Nonetheless, I wondered if she would have the time and energy to participate, given all of her other volunteer engagements, work, and family.

My suspicions were proved wrong from the beginning. Elisabeth has perhaps been our most engaged board member this year. Within only a few months of being on the board, she had nearly single-handedly organized a free continuing legal education course to benefit our members and attract new members. She has participated in almost all board meetings I and gives direct and worthwhile input that focuses on solutions. She is a doer and we are lucky to have

I The one board meeting she could not participate in, she was volunteering at her son's school and provided her board member update prior to the call.

her. I am amazed by her energy, work ethic, and commitment to providing hands-on improvement to our profession. In this regard, Elisabeth will bring collegiality in reaching decisions with other justices and provide great help to the Supreme COUlt in its important administrative work.

Elisabeth has a remarkable professional background, intellect, writing ability, and work ethic. She has an approachable and direct demeanor. For these reasons, I recommend the commission select Elisabeth as a finalist for the Supreme COUli vacancies.

Sincerely,

Ann M. Smisek

laura McFall <Iaura.mcfall@yahoo.com> 01/2612011 04:39 PM

To SupCtNom@iowacourts.gov cc

Subject Judge Annette J. Scieszinski

Dear Commissioners,

I am wr i ting in support of Judge Annette J. Scieszinski' s application for appointment to the Iowa Supreme Court. My name is Laura McFall, and I am Judge Scieszinski's court reporter. I have worked with Judge Scieszinski on almost a daily basis for nearly six years now. I was so proud wh i.Le watching Judge Scieszinski's interview on Monday afternoon!

In my opinion, Judge Scieszinski embodies exactly what a Supreme Court Justice should be, and I say that knowing full well what the implications may be for myself and everyone in the 8th Judicial District. It would be a profound loss to myself and to our district for Judge Scieszinski to be appointed to the Supreme Court. However, I think she's the perfect candidate. The Supreme Court needs someone who can talk the talk AND walk the walk, and Judge Scieszinski is it. She is confident, but not arrogant. She is firm, but not intimidating. She is kind, but not a pushover. Judge Scieszinki does not hesitate to take a position on a given issue, even though her position may be unpopular, and often stands alone when advocating for something she thinks

wou Ld benefit the system.

Most importantly, she treats every litigant that wa Lk s into her courtroom w.i t h the utmost respect. She goes above and beyond to make sure everyone (attorneys, pro se litigants, jurors, etc) knows exactly what's going on and why. She is extremely sensitive to time delays, and if there's a delay of any sort, she vrill request that I update the litigants/attorneys/jurors as to the nature of the delay and the expected length of the delay.

If a prospective juror is lucky enough to serve in a trial that Judge Scieszinski is presiding over, they get an education. She makes sure they understand the importance of jury service, why our system of government has sustained for so long, and most importantly that they are there to find the truth and do justice. In the end, jurors who dreaded appearing for jury duty have expressed that not only did they enjoy themselves, many ask to remain on the panel for trials to come. On one occasion, after a particularly lengthy jury trial (nearly four weeks), Judge Scieszinski asked me to produce a fold of steno paper with a small saying written in stenography for the jurors to take home as a souvenir. They loved it! These are just a f ew of the examples of Judge Scieszinski going above and beyond her duties as a district court judge.

The reason I feel compelled to write at this late date is to make sure that the Commissioners understand that what you sa 1'1 from Judge Scieszinski during her .i.nt.e rv i.ew is exactly what; you would see if you encountered Judge Scieszinski any day at work.

In sum, I truly believe that Judge Scieszinski "'lould make an excellent addition to the Lowa Supreme Court.

Please feel free to contact me \<lith any questions or if further feedback is desired. My e-mail addressislaura.mcfall@yahoo.com. and my cell phone number is 641-799-2640.

Thank you for your consideration of my thoughts, and I wish you luck in the hard decisions you will have to make.

Sincerely,

Laura D. McFall, CSR

.. Thomas H. Makelg" <tmakelg12@lIsco.com> 01/25/201108:15 PM

To <SupCtNom@iowacourts.gov> cc

Subject Supreme Court applicant Annette Scieszinski

State Court Administrator, Iowa Judicial Branch Building 1111 E. Court Ave.

Des Moines, Iowa 50319

Ladies and Gentlemen of the Judicial Nominating Commission:

I commend to you the candidacy of District Judge Annette J. Scieszinski for a position on the Supreme Court. As a member of the District 8A bar, I have practiced before Judge Scieszinski since her appointment to the bench in 1996.

In addition to integrity and judicial demeanor, I believe the most important criterion for a justice of our supreme court is intellectual distinction in the application of the law to the case at hand. I believe Judge Scieszinski has all these qualities, and has one of the best legal minds of any lawyer I have had the honor to work with in any capacity, whether that lawyer was co-counsel, adversary or judge.

The Supreme Court's most important role is to guide the development of the law by resolving the most challenging appellate cases. A superb opinion, clearly presenting the facts of the case and the issue to be decided, providing succinct and focused analysis of the arguments pro and con, and providing a definite resolution that neither attempts to decide too much nor defers key issues, is of immense value to the bar and the public we serve. It assists in planning transactions, resolving disputes informally, and defining the law to be applied in future litigation,

Such superb opinions do not happen by chance, They come from the devoted labors of the most distinguished jurists. Having reviewed numerous bench rulings, orders and opinions of Judge Scieszinski over the past 14 years, I submit that she has the potential to be a truly distinguished justice of the Supreme Court,

Sincerely, Tom Makeig

Thomas H. Makeig

Thomas H. Makeig, PLLC, Attorneys 601 So. 23rd Street

PO Box 931

Fairfield, Iowa 52556

voice: (641) 472-2235

fax: (641) 472-6347 tmakeig@makeiglaw,com

January 25, 2010

Judicial Selection Commission Judicial Center

Des Moines, Iowa 50319

Dear Members of the Commission:

RE: James D. Scott, Applicant

This morning you will interview an applicant who should not hold any judicial office. He is the epitome of back door politics and intrigues that are almost impossible to ferret out.

I appointed him to be my assistant county attorney on an interim basis but should have fire him before the few months were up and, if it were not on an interim basis, would have been forced to do so. During that short time period he came to the county seat only every other Monday morning and then tried to work out pitifully lenient deals with experienced attorneys.

After I admonished him (he never sought my advice or experience) he dropped the ball on a case he had been handling and informed me that there was a preliminary hearing on the case which he could not attend (from Rock Valley). This is the only preliminary hearing I ever had to attend (a trial information should have been filed, but it was too late by the time I learned of his mistakes) and the magistrate dismissed the charges. The defendant sued not only me, but Sioux County, the sheriff and Russell's Ready Mix (to whom he had issued the bad check) in federal court in Sioux City, Iowa. I was dismissed out on prosecutorial immunity but the case dragged on for over a year against the others.

It appears to me that Jim Scott set the whole thing up and, if not, his failure to handle the matter expeditiously was incompetence at best.

Mr. Scott proudly contends that his involvement in Postma v. Sioux Center News, should propel him onto the Supreme Court. It probably will if his name is submitted, since he used the same reasoning to attain his current position. One of the defendants is an unnamed court official and we were trying to conduct discovery (never allowed in any case that I am involved in) and learn who that was along with the anonymously quoted attorneys when the case was dismissed a second time. It now appears that the anonymous COUlt official was the clerk of COutts who has inserted himself into the "judge's earl! with false information and altered records in almost every case since then. The whole conduct of the case, including my dismissal out for allegedly failing to appear for depositions (I was told not to appear by Steve Avery who had agreed to handle the case for us) but he never appeared or had the depositions continued. What appears to have happened N no one will talk of course N is that after I mentioned his name and his attention to appear to the clerk of courts, he, as an undisclosed defendant contacted the attorneys, including Jim Scott, and they interfered with our right to counsel and convinced him to drop us, without any warning or communication from him.

I have been trying to get a copy of his original papers from the Court Administrator in Sioux City, Iowa, for years but they have refused to give us these public documents and Terry Branstad conveniently locked them in his "public" archives, which are unindexed and thus inaccessible.

Mr. Scott has a lot of people upset at him for expunging the conviction of Lawrence Vander Esch, the founder of the Pizza Ranch of Orange City, Iowa. Vander Esch sexually molested the young men working for his franchises and was investigated for this many times after I was no longer county attorney. The sheriffs wife worked for him as assistant county treasurer and Vander Esch was also chairman or co-chairman of the Sioux County Republican Party. The sheriff and the county attorney, Mark Schouten, covered up and threatened persons who attempted to file charges against him for years. When someone finally circumvented them and got the DCI involved, Schouten filed the wrong charges and, initially they were upheld. While in prison he refused to acknowledge his crimes (to which he had pled guilty) and served almost five years. After leaving prison he failed to register as a sex offender and filed a motion to expunge his conviction because of a court case where the type of fraud, allegedly in the inducement was used to exculpate someone who was later incarcerated on other charges for almost thirty (30) years.

Charles Thoman, an assistant attorney general from Sioux City, Iowa, was supposed to be representing the State of Iowa, but instead stipulated, probably falsely, to set of facts that was being orchestrated from Schouten, now a fellow assistant attoney general in Des Moines, Iowa. They presented these to Jim Scott, who could not have been put on the bench without the approval and support, directly or indirectly, from Vander Esch. There was no recusal because Jim Scott does not step aside from fraud or crime because he does not recognize it and without any trial or questioning of what was really going on, Vander Esch had all of his convictions overturned and set aside. He is free to travel anywhere and there is no record of him being a pedophile!

In 1993 I tried to have the sheriff audited (the judges were signing orders for bribes to be paid right through the court system to the sheriff for odd things and none of the funds were ever reported to the county auditor) and after circulating a petition for an audit, I was beaten up by over a dozen law enforcement and incarcerated and the county then pursued confiscation of not only my farm but also a building known to some as the "building of light" located in downtown Orange City, Iowa, which was titled in my wife's name and had no debt on it.

Even though my wife responded to the lawsuit initiated by Orange City, Iowa, (alleging public nuisance after they refused to issue a building permit for their Dutch Fronts which we would pay for ourselves) Judge Nelson placed her in default and Jim Scott presided (without jurisdiction - he does not understand such a concept) and authorized them to break into the building (no forcible entry and detainer necessary) and do whatever they wanted. They left the door of my office standing open with all of my client files available to anyone who wanted to peruse them and they stole whatever they wanted. Scott openly threatened us in his orders and waived any hurdles, such as public bidding,

in order to run up the phony lien they were creating. None of our motions to the supreme court were even considered nor our pleas to the district court (there are still pending and unheard motions).

If you try to find the case in the online system.well good luck, they have expunged it from the trial side, but it shows up in the appeal section and it is OTCVO 18666.

We sued Jim Scott in federal court and even though he was never served (Judge Bennett threw us out without a hearing in order to protect these thieves), but it was reported in the Sioux City Journal, so Scott knows he is lying when he fails to disclose that to you in his questionnaire. Why not, when everything else is a fraud and subterfuge?

I do not have the time to delve into the fact that Andrea Van Beek, the town drunk (who was an attorney from Rock Valley, but replaced me in Orange City, Iowa, when they drove me out) was on the Judicial Nominating Commission when Jim Scott when he was appointed to the bench and was never prosecuted for appearing drunk in court or on the road for years!

Thank you for your consideration of these matters.

Very truly yours,

Harold O. Postma, In Exile

P.S. If David Boyd and David Wiggins refuse to give this to the members of the commission I will learn of it but it will not surprise me. Wiggins was my classmate for three years (and my neighbor for a year and a half) but never spoke to me while I quietly attained the dean's list without trying for grades even though I had the highest LSAT in the class. David Boyd was personally involved in denying us access to the court system and refuses to speak to me!

P.P.S. To show you how his continued incompetence continues to foul up the court system, I refer you to a case pending for further review # 1 O~0058, in which the district court (Jim Scott) never had jurisdiction because no writ of certiorari was ever filed within 30 days of the decision of the zoning board. Apparently the attorneys falsely stipulated to jurisdictional facts and got this past the court of appeals, they have wasted weeks of court time at a time when the courts are overwhelmed f A competent judge should and would have discovered this a long time ago.

BDFSC HOLDINGS CORP.

J 8800 NW 62ND AVENUE P.O. BOX 6240 JOHNSTON, IA 50131-6240

(515) 286-2970 (800) 352-5634 FAX (515) 286-2972 .

RECEIVED

January 24, 2011

JAN 2 5 2011

STATE COURT ADMINISTRATOR

VIA ELECTRONIC MAIL AND U. S. MAIL

David K. Boyd State COUlt Administrator

1111 E. Court Avenue Des Moines, IA 50319

Re: William Serangeli Recommendation for Supreme Court Nominee and Appointment

Deal' Mr. Secretary

Please accept this letter as my strong recommendation for the appointment of William Serangeli to the Supreme Court of Iowa. I have personally known Mr. Serangeli for several years and believe he has all the necessary skills to perform the functions that the position requires. I have faith that Mr. Serangeli will bring to the COUli the ability to act in an honest and judicially neutral manner that Iowa's Constitution requires.

I have lived and worked in Iowa for over 50 years and do not take lightly my endorsement of an individual for such a high position in Iowa judiciary, Please find enclosed my resume for informational pUl'poses .

. Sherzan

Pr sident BDFSC Holdings Corp.

Michael T. Sherzan, Chairman BDFSC Holdings Corp.

Mr. Sherzan is Chairman of the Board of BDFSC Holdings Corp. headquartered in Johnston, Iowa. BDFSC Holdings Corp. operates three subsidiaries: Broker Dealer Financial Services Corp. and its divisions rnA Securities & BDF Investments; Bankers Financial Services Corp., and Investment Advisors Corp.

In 1990, Mr. Sherzan organized a buyout of a regional investment brokerage firm and served as its President until acquiring its Broker Dealer Financial Services Division. In 1991, rnA Securities and Broker Dealer Financial Services Corp. merged and today contract brokerage services with the largest number of banks in the State ofIowa of any third party provider.

In 1996 Mr. Sherzan formed Investment Advisors Corp. which specializes in wealth management, and institutional money management. The firm provides advisory services based upon utilization of asset allocation models employing independent money managers.

Bankers Financial Services, LLC was created in 2001 to design and distribute financial products and services to community banks as well as assist them in their long-term marketing efforts. The Dow-Jones Linked Index Certificate of Deposit program is the first product offered to community banks.

Mr. Sherzan holds an MBA degree from the University of Iowa and has over 32 years experience in the securities business. He holds the following professional licenses:

Series 7 Series 63 Series 24 Series 27 Series 65 Series 3

General Securities Representative Uniform Securities Agent

General Securities Principal Financial and Operations Principal Investment Advisor

Commodity Futures

In addition, Mr. Sherzan is a member of the National Futures Association's Introducing Broker Advisory Committee, and a past member of the Security Industry Association's CEO Roundtable, Group E. Mr. Sherzan is a frequent speaker for graduate, undergraduate and university and community business programs, and has actively participated as a corporate member of the Iowa Council for International Understanding; an Iowa-based international visitors association.

BDFSC Holdings Corp. and/or its subsidiaries are either registered with or a member of the following organizations:

Securities and Exchange Commission Commodities Futures Trade Commission

Financial Industry Regulatory Authority (formerly NASD) Securities Investor Protection Corporation

National Association of Independent Broker Dealers National Futures Association

Registered Broker Dealer Registered Introducing Broker Member Firm

Member Firm

Member Firm

Member Firm

Ann M. Smisek 526 14th Street

West Des Moines, IA 50265

The Hon. David Wiggins

Chair, State Judicial Nominating Commission Iowa Supreme Court

Judicial Building

1111 East Court Avenue Des Moines, IA 50319

Re: Applicant Judge Gayle Vogel

Dear Justice Wiggins and Members of the State Judicial Nominating Commission:

I am writing to express my support of Judge Gayle Vogel in her application for the Iowa

Supreme Court, .

As a law clerk to Chief Judge Sackett from May of 2007 until December 2010, I had the benefit of working with all of the current judges on the Court of Appeals, as well as those who retired during that period, and several senior judges. While I did not work directly for Judge Vogel, I came to know her work ethic and writing style quite welL Of all of the current sitting judges on the Court of Appeals, I believe Judge Vogel is the most qualified for the Supreme Court bench. I reach this conclusion not only based on the length of Judge Vogel's service as an appellate judge, but also in what I perceive as a persistent dedication to creating an excellent work product. Judge Vogel is committed to providing timely and concise opinions. However, she is also precise in her review and depiction of each case record, and gives careful scrutiny to the writing quality of her own and other judges opinions. Judge Vogel's mastery of an appellate review approach, along with her natural attention to detail, make her an excellent candidate for the Supreme Court.

I also believe Judge Vogel is an ideal candidate because she reaches her decisions independently, and is not easily swayed from her positions. Judge Vogel is open to differing viewpoints and of course consults all applicable law, but she understands that an appellate judge's job includes writing dissenting or concurring opinions at times. I respect this quality of Judge Vogel the most and believe it is crucial that the Supreme COUli is composed of judges with varying perspectives. After all, it is the Supreme Court that is confronting the difficult questions that have no clear answer. If selected for the Supreme COUli, I am certain that Judge Vogel would apply the law fairly and defend her viewpoint, even if unpopular with other judges or the public at large.

Judge Vogel would also be an asset to the Supreme Court's administrative work. She has previously worked to correct inefficiencies and improve the judicial process by helping revise the court rules and processes applicable to child in need of assistance and termination of parental rights cases. Although this is an example of her administrative contributions in an enormous project, I know Judge Vogel takes a keen interest in making sure the court operates smoothly on

a daily basis.

For these reasons, I support Judge Vogel's application for the Supreme Court and recommend the commission select her as a finalist for the vacancies.

Sincerely,

Ann M. Smisek