Mp “i MICHAEL J. WALTON Sim SCOTT COUNTY ATTORNEY Scott County Courthouse ea i 400 West Fourth Street Scott County Davenport, lowa 62801-1187 Telephone: (663) 326-8600 Facsimile Transmission (863) 326-8763 mwalton@scottcountyiowa.com www.scottcountyiowa.com January 12, 2014 RECEIVED Honorable David Wiggins JAN 1 8 2011 Justice, lowa Supreme Court ‘111 East Court Avenue STATE COURT ADMINISTRATOR Des Moines, IA 50319 RE: Thomas D. Waterman Nomination to lowa Supreme Court Dear Justice Wiggins: | am writing to express my support for the nomination of Thomas D. Waterman as Justice to the Supreme Court of lowa. | am familiar with Tom's work both in the courtroom and the community. His reputation is one of professionalism, faimess and competence. He is recognized throughout the State for his abilities as a trial lawyer. As a trial lawyer, itis necessary that he be proficient in procedural and constitutional law. These skills make him well qualified to be a Justice on the lowa Supreme Court. ‘The Seventh Judicial District of lowa includes a large population base. Many important cases are decided here, including Class A Felonies wherein the allegations often contain death or serious injury to the victim and the potential punishment is life without parole for the defendant. Itis not uncommon that an issue arises during a case that requires the immediate attention of the Supreme Court. In years past, we have had a Justice office in Scott County, however that has not been the case since the retirement of Justice Linda Neuman. Tom Waterman would provide this needed presence in the Eastern portion of the State. Itis for these reasons that | strongly support the nomination of Thomas Waterman. If you have any questions or would care to discuss this letter further, please feel free to give me a call Sincerely, Michael J. Walton Scott County Attorney Copies to: lowa Judicial Nominating Commissionetl See eee uamueee ne A rorescun comronnc const rata Fosten ce bears eee ‘eve ravencaur: ATTORNEYS AND COUNSELORS. Scones 000 Stes 201 WEST SECOND, SUITE 900 sive san ‘DAVENPORT, IOWA 52001 son on tesco ‘Sowa hi seerimanaaal ser px beens e778 euby i wesenenen PHONE 863/324-1000 FAX 669/373-0962 ROBERT D.LAMaEnT, F..* January 11, 2011 2201 cravrview Dae Se eeteoea RECEIVED “"*SNiie: ae ava 20 Writer's e-mail address: STATE COURT, ADHINISTRATORIemaert@srnnecom Mr, David K. Boyd State Court Administrator I111 B, Court Avenue Des Moines, JA 50319 RE: Nomination of Thomas D. Waterman Dear Mr. Boyd: Tam writing to you in your role as a Secretary of the lowa Judicial Nominating Commission, My purpose is to endorse the candidacy of Thomas D. Waterman to become a member of the Jowa Supreme Court ‘Tom is a person of honesty and integrity. He is a person of intellectual conviction wht listens and thoughtfully considers other points of view in his decision making process. 1 em “Tom as a person who would engage enthusiastically in interacting with his fellow members of the Court in reaching appellate decisions which are not only well reasoned but will stand the test of time as precedent, As an advocate, I appreciate judges who challenge my arguments but do so in a respectful yet firm manner. In oral argument Tom has the demeanor to frame such challenges in a manner ‘hich demonstrates to all his impartiality in order that both sides know that their respective positions have been thoughtfully considered. It is my firm belief that people of the State of Iowa are best served by a Supreme Court made up of on one hand experienced private practitioners and on the other hand by seasoned members of the District Court and the fowa Court of Appeals. Tom is the right person at the right time to join Justices Wiggins and Appel who came to the Court directly from private practice,Mr. David K, Boyd January 10, 2011 Page 2 Another of Tom’s attributes which is worthy of your consideration is that he is not only tireless in his chosen profession but also in his athletic endeavors, He is a triathlete, a distance cycler, a stair racer, a marathoner, and an ultra-marathoner. ‘To pursue such physical challenges demonstrates the discipline necessary to become a productive, focused member of the Iowa Supreme Court recently attended a Cornbelt Running Club monthly members meeting during which “Tom made a presentation concerning his October 2, 2010 experience in running the Grand Canyon Rim to Rim to Rim in 19 hours 15 minutes traversing 46 miles with 10,000 feet of vertical ascents and descents. As I expected, Tom’s presentation captivated his audience in his ow key matter of fact approach. In making this presentation Tom exhibited the versatility of his speaking skills as not being limited to that of a lawyer in the courtroom. ‘Thank you for considering my endorsement of Tom. If I may be of any further assistance to the Commission please do not hesitate to contact me, Very truly yours, STANLEY, LANDE & HUNTER Lote P. Faney Robert D. Lambert RDL/ladpaw STANLEY, LANDE & HUNTER soyee Es Givneeh Couvten "A PROFESSIONAL CORPORATION ‘DAVENPORT JOWMGHEOR tal fore TR anos Sven aera [ATTORNEYS AND COUNSELORS siostti MWe Peon SUITE 900 eaey'dStor 201 Weer SecoND suns Sater ot San scl sane SEES \yteisueLaw.con. Pe ouaet ee eae PHONE 560/324-1000 FAX 563/926-6266 “foari acrr, pe area. ogeet hoe January 11, 2011 Sanna own stant ‘Cen TOMA A WERNER, a saat So Wrter's email address: PalDriscoll@san.comm Mr. David K. Boyd State Court Administrator Judicial Branch building ILL East Court Avenue Des Moines, IA 50319 Deat Mr, Boyd: Lunderstand that you are the Seoretary of the Nominating Commission for the selection of candidates to the lowa Supreme Court. ‘Asan attorney practicing primarily in Scott County for more than thirty yea and respect Tom Waterman as a fellow barrister, He is aman who cares deeply for of the bar, works hard to assure our commitment to integrity and professionalism, and is active in our community, Tom has superior analytical skills, is an excellent writer, and is very intelligent. Thave great respect for him and the work he does for his clients and for the members of the Scott County Bar Association. In my opinion, ‘Tom would be an excellent member of the Iowa Supreme Court. strongly encourage you to recommend him for this position, PWD/pwd D222-6ih Shook, Hi Bacon. oe January 14, 2011 wwnwshb.com Timothy E. Congrove BY FIRST CLASS MAIL RECEIVED ecu “The Honorable David S. Wiggins JAN 2 0 2011 ee aertom Justice, Iowa Supreme Court and #168559.2100 00 Chair, State Judicial Nominating Commission STATE COURT ADMINISTRATOR et6.424.2708 Fax 1111 Bast Court Avenue tworgrove@sicom Des Moines, 1A 50319 Re: Iowa Supreme Court Vacancy — Application of Thomas D, Waterman Dear Justice Wiggins: Iris with great pleasure that I write to you to endorse Tom Waterman's candidacy for the Towa Supreme Court, Several years ago Tom and I were co-counsel for Philip Morris in approximately fifteen product liability cases brought in Jowa state and federal courts; including a significant appeal to the Towa Supreme Court of eight ceztified questions in Wright v. Ligget Group etal. In addition, we represented Philip Morris in a putative tobacco class action in the Southern District of Iowa. ‘Tom is one of the most exceptional lawyers Ihave worked with during my eighteen plus years of practice, He possesses a keen intellect and has an encyclopedic knowledge of substantive and procedural law in lowa. Likewise, Tom's breadth of experience and up- to-the-minute knowledge across a wide spectrum of civil law matters is impressive. ‘Tom is a critical thinker and is always ready to roll up his sleeves and tackle the newest problem, Tom does not get caught up in group think; he carefully analyzes the problem and diplomatically advances his assessment and recommendations, In addition, his measured input and decorum serve him well as a consensus builder, Moreover, while he values intellectual honesty, he does not do so at the expense of reaching practical, common sense solutions. Tom excellent writer. He knows his audience, distills what matters to them, and does so in plain language. He was intimately involved with drafting the briefs submitted in the Wright appeal as well as other Iowa tobacco cases. He personally authored much of the briefing in Wright and provided invaluable insights into Iowa products liability Geneva jurisprudence and the possibility that the Supreme Court would adopt the Third or Restatement. Most recently, Tom co-authored a chapter on Iowa class actions that will beard appear in a fifty-state compendium for DRI that I am overseeing. Mam ‘orange County ‘Tom also is a skilled oral advocate. He hones in on the key arguments and presents them overt Park in a matter-of-fact, Midwestern style that endows them with credibility, Although Philip San Francisco Tampa Washington, D.C. 663243 v2Shook, a ‘wish com Mortis often retains large firm appellate specialists to handle its appeals, Philip Morris’ danvary 16,2011 high opinion of Tom ied to him being selected to argue the Wright appeal on its behalf. I Page had the opportunity to work closely with Tom as he prepared for the oral argument. His preparation was thorough and efficient. attended the argument and came away knowing that we had retained the right person for the job. ‘Tom is exceptionally hard working and diligent. We always knew that his team at Lane & Waterman would get the job done right and on time. At the same time, I know that Tom works hard to maintain balance in his life, with his family and community both being important priorities. Lastly, there is no question that ‘Tom has the integrity and demeanor that would befit an Towa Supreme Court justice, Although a zealous advocate for his clients, ‘Tom treats his opponents respeetfuliy and with professionalism. It is no surprise, therefore, that he has the trust and respect of his opponents and those who work alongside him. Tam certain that the same would be true for his colleagues on the bench and those who would appear before him, TCX:mst ce: Iustice Mark 8. Cady David K. Boyd Steven Brody David C, Cochran Guy Cook Coleen A. Denefe Jean Dickson Joseph L, Fitzgibbons H. Daniel Holm, Jr. Mary Beth Lawler Timothy L. Mikkelsen Steven J. Pace Goneva Dr. Margaret Redenbaugh Houston Amy Skogerson Kansas City Beth Walker ee Madalin A. Williams eta Ovetand Park ‘San Frandsco Tampa Washington, 0.0. 663243 v2Juv » RIVERMONT COLLEGIATE | {821 Sunset Drive + Betendod, Iowa 52722 (563) 359-1366 « Fax (563) 359-7576 wwwirivermontcollegiate.ong RECEIVED JAN 1 8 2011 12 January 2011 ‘STATE COURT ADMINISTRATOR ‘The Honorable David S. Wiggins Towa Supreme Court Towa Judicial Branch Building ‘TI11 East Court Avenue Des Moines, lowa 50319 Re: State Judicial Nominating Commission: Tom Waterman Dear Justice Wiggins: tis with great pleasure that this letter of recommendation is written for Tom Waterman who is presently being considered by the State Judicial Nominating Commission for a potential appointment to the Iowa Supreme Court, Although I practice law for John Deere as in-house counsel, my primary interactions With Tom over the years have been through our service on Rivermont Collegiate’s Board of Trustees. Rivermont, previously known as St, Katherine's St. Mark’s, is an independent, multicultural, college preparatory school for students - preschool through. twelfth grade located in Bettendorf, lowa. Throughout his years of service on the Board, which included serving as Board President, Tom took his responsibilities seriously, providing thoughtful counsel on significant issues facing the school and volunteering for those activities needed to ensure its success. Even after stepping down as Board President, Tom continued to serve in Ieadership positions as a member of the Board’s Executive and Finance Committees and chairing the Search Committee that landed the school’s current Headmaster. While serving on the Board and even after his departure Tom provided pro bono legal services for the school. In sum, Tom was, and continues to be, a valuable member of the Rivermont community, which provides a high-quality education for students across a broad spectrum of backgrounds throughout the Quad Cities. ‘My experiences with Tom convince me he will make an outstanding Supreme Court justice. His thorough understanding of lowa law on a broad range of issues, thoughtful analysis of complex issues, willingness to consider and understand the heartfelt, andoften competing views of others, along with his deep sense of community and service ideally suit him as a member of lowa’s Supreme Court. Vice President, Board of Trustees Rivermont Collegiate Justice Mark S. Cady David K. Boyd Jean Dickson Steven Pace Beth Walker Amy Skogerson Joseph Fitzgibbons Guy Cook H. Daniel Holm, Jr. Dr, Margaret Redenbaugh Coleen Denefe Mary Beth Lawler ‘Timothy Mikkelsen Madalin Williams David Cochran Steven BrodyyA ASHLEY DOSE DORSEY & WHITNEY LLP - DES MOINES ‘Associate dose ashiey@dorsey.com January 11, 2014 Justice David Wiggins RECEIVED Justice and Chair, lowa Judicial Nominating Commission JAN 1 8 2011 lowa Supreme Court 4411 East Court Avenue STATE COURT ADMINISTRATOR Des Moines, lowa 50319 Re: — lowa Supreme Court Vacanoy - Application of Thomas Waterman Dear Justice Wiggins: It has come to my attention that Tom Waterman is seeking nomination to fill a vacancy ‘on the lowa Supreme Court. | am honored to recommend him for this position, | am an associate attorney in the Des Moines office of Dorsey & Whitney, LLP, and | had the opportunity to work with Tom during the summer of 2007 while clerking at Lane & Waterman, LLP. | spent much of the summer assisting Tom with a class action case involving potentially illegal cable franchise fees. | had the privilege of reading Tom's briefs and observing him at oral arguments, and | can say without reservation that he is inquisitive, thorough, detail- oriented, and unfailingly dedicated to professional ethics. 1 distinctly remember thinking to myself that Tom would make an excellent justice, not only because he is a great writer, but because he is passionate about staying true to the letter of the law. | noticed during our work on the case that some of opposing counsel's arguments were misleading because they were based on legal principles that had since been overruled, or because they took statements out of context. Tom, on the other hand, refused to cut corners. As an impressionable first year law clerk, it meant a lot to me when Tom patiently explained that maintaining the integrity of the case by recognizing its weaknesses is more Important and more persuasive than portraying the law inaccurately to make it sound more favorable to the client's position. After observing him first-hand, | am confident that Tom has the dedication to justice and the sound judgment that are required of the Justices of the lowa Supreme Court Additionally, 1 had the privilege of getting to know Tom outside the office through our shared interest in athletics, When Tom learned that another law clerk and ! were runners, he brought our attention to Davenport's weekly “Bix at Six” runs to prepare for the annual Bix 7 road race. An avid runner himself, Tom was kind enough to slow down and run with us a few times, Tom's work ethic at the office carries over to his personal commitment to running and competing in triathtons, which demonstrates his discipline and strong character.Justice David Wiggins January 11, 2014 Page 2 | have no doubt that Tom Waterman would be an outstanding addition to the lowa ‘Supreme Court. | am confident that he will bring the same integrity, professionalism, and strong work ethic to the bench that he has demonstrated throughout his Career and other areas of his life. Thank you for your time and consideration of this matter, Sincerely, ish teflon Ashley ona cc: Chief Justice Mark S. Cady Jean Dickson Joseph Fitzgibbons Steven Pace Guy Cook Beth Walker H. Daniel Holm, ur. ‘Amy Skogerson Dr. Margaret Redenbaugh Madalin Williams. Coleen Denefe David Cochran Mary Beth Lawler Steven Brody Timothy Mikkelson David K. Boyd, SecretaryTo: Tina Schweitzer, Ge Bee: Subject: Fw: Suprome Court Judicial Nominating Commission From: David K Boyd/SCAXJUDICIAL - Wednesday 01/19/2011 10:44 PM Can't remember if | forwarded this to you before. -- Forwarded by David K Boyd/SCAMUDICIAL on 01/19/2011 10:43 PM -— David K Boyd/SCAVJUDICIAL o1vie2014 oF80eM To. "David K Boyd! Subject Fw: Supreme Court Judicial Nominating Commission Original Message ~ Prom: Dwight James [dwjanes@raccoon. com] Sent: 01/07/2011 08:31 PM CST Yor David Wiggins Cet David Boyd Subject: Supreme Court Judicial Nominating Commission bear Justice Wiggins: I wish to commend to the commission Thomas D. Waterman as a nominee to be sent to the Governor for appointment to the Supreme Court of Iowa. I have known Mr. Waterman professionally and personally. I have found him to be a scholar, a man of sound temperament, collegial and of thoughtful judgment. He is the type of person who will bring honor and dignity to the court and serve the State of Towa well. He will faithfully fulfill all of his Constitutional duties. Mr Waterman Gomes from a long line of lawyers in his family who have all served the profession with honor and dignity. Would you kindly circulate this recommendation to the commission. Dwight James Lawyer dwjames@raccoon.comWW. : \ Weivkin Ravi \ /KINRADLERI wewanennaneencom YY Gary D, CENTOLA {eroy aerate Ser enttegetan.com RECEIVED January 11, 2011 JAN 1. 2011 VIA FEDERAL EXPRESS ‘The Honorable David 8. Wiggins STATE COURT ADMINISTRATOR Justice, Iowa Supreme Court 1111 East Court Avenue Des Moines, 1A 50319 Re: Application of Thomas D. Waterman for Iowa Supreme Court Vacancy Dear Justice Wiggins: recently learned that'Tom Waterman is applying for a vacaney on the Iowa Supreme Court, I wholeheartedly endorse his candidacy. Iam a senior litigation partner with a nationwide practice based in Manhattan and Uniondale, New York. I have been admitfed pro hac vice in at least two dozen states and have argued appeals in a minimum of six different State Supreme Courts and at least six Federal Courts’ of Appeal. I have dealt with all manner of attomeys and judges over my 30 years of practice and have the utmost respect for Tom, his older brother Bob and their firm. Dating most of the summer of 1993, the year of the great Mississippi River flood in your state, I fried a complex environmental coverage case to a Clinton County jury over nine weeks of evidence (following séveral years of depositions and extensive motion practice, involving discovery disputes, forum battles and summary judgment motions). The case involved numerous issues of first impression, Bob Waterman and i were lead counsel at trial, with Tom second-chairing his brother, ‘Tom handled the lion's share of the trial and appellate briefings on numerous insurance coverage issues and issues of evidence and procedure. Tomalso handled direct and cross-examination of a number of trial witnesses. His courtroom skills were excellent, but he was most invaluable to our trial team on the lav, even in areas that he never encountered in the past. Tom is an outstanding writer, quiokly able to grasp the heart of any legal issue, He took lead in drafting and arguing jury instructions which had to be created for this case specifically (fowa did not have pattern civil jury instructions for the numerous insurance coverage questions at issue). ‘The jury returned a mixed verdict, and the case ultimately ended in victory for our clients through a unanimous Supreme Court decision: Fireman's Fund Ins. Co. v. ACC Chemical Co., 538 N.W.2d 259 (lowa 1995). Due to the length of the Towa proceedings, I lived in an apartment in Bettendorf tong enough to make it into the local phonebook. Needless to say, it was a very difficult tral, requiring long hours of work. ‘The support Tom gave to me, both with the law and in simply helping me feel at home will never be forgotten, Bob and Tom tell me I am an honorary Iowan. 926 RXR Plats |585 Madison Avenve 21 Main Street, Court Plaza South Uniondale, NY 11556-0926 New York, NY 10022-3338 West Wing, Suite 158 1 816.357.3000 516,357.3933 ¥ 212.458.9555 F 212.687.9044 Hackensack, NJ 07601-7024 1 212.485.9555 F 212.687.9044Wry IWRAGE The Honorable David S. Wiggins Page 2 January 11, 2011 Teven retumed to Iowa for several days of RAGBRAI with the Waterman brothers. Out of the innumerable of lawyers I have worked with over my carcer, Tom and Bob are among my very favorites on every level. Tn short, Tom has the qualities you hope to see in a justice on a state court of last resort. His analytical skills and writing ability are top notch, He is collegial, and easy to work swith on group writing efforts. He always kept his cool even under intense time pressure while working with stressed and often agitated individuals, He never took ethical shorteuts. He proved his reliability over and over again. Towa would be well-served by Tom Waterman as a justice and I am sure you would enjoy working with him as a colleague. I understand Tom's gteat-grandfather was a Justice ofthe Iowa Supreme Court. The state has waited long enough for another Waterman. (via regular mail) Jean Dickson Steven Pace H, Daniel Holm, Jr. Beth Walker Joseph L. Fitzgibbons ‘Amy Skogerson Guy Cook Madalin Williams David Cochran Mary Beth Lawler Coleen A. Denefe. Steven Brody Dr. Margaret Redenbaugh ‘Timothy L. Mikkelsen David K. BoydRECEIVED | NYEMASTER GOODE 17) ong NYEMASTER, GOODE, WEST, HANSELL & O'BRIEN, PC. HTORNEYSGCOUNSELORSATIAW gare COURT ADMINISTRATOR ee Stem CASA Eater irate, hiss fateh Se ies on Senree Sri Ee cece en Bee a Sree Shs Bie «=| an So Se taner tee eee camel eee Eis December 30, 2010 CLASS MAIL David K. Boyd State Court Administrator HIILE, Court Avenue Des Moines, [A 50319 Re: Candidacy of Thomas D. Waterman for the Supreme Court of Towa Dear Mr. Boyd: write in support of the candidacy of Thomas D. Waterman as a Justice of the Supreme. Coust of Iowa, [have known Tom for almost 30 years, and I state unequivocally that he possesses the essential attributes of a successful appellate jurist. I have recommended Mr. ‘Waterman when he pursued previous vacancies. The time that has elapsed since then has only confirmed my opinion that Tom Waterman is eminently qualified to serve on the Court. He has my unequivocal support for this appointment. In my over 26 years of law practice, I have appeared before scores of appellate and district court judges in federal and state courts throughout Iowa and other states, My experience has led me 10 conclude that the judges who instill confidence in the administration of justice among the public, the parties, and the Bar are those who possess and exhibit intelligence, honesty, high ethical standards, maturity, objectivity, a balanced temperament, the ability to work with others, courage, compassion, decisiveness, punctuality, an outstanding work ethic, freedom from bias, and a commitment to equal justice. “Thomas M Cunningham iret Number (515) 283-8176 « Fes (515) 283-8045 + Mail: meunninghm@nyemaster.com "70 Wale, Suit 1600 Des Moines, LA 30309-3899 «(S15)283.3100 ‘With otices in Des Moines, Ames and Cedar Rapids www anyemaster.comDecember 30, 2010 Page 2 Moreover, when considering the qualifications of prospective nominees for the appellate bench in particular, a high degree of legal scholarship and academic excellence is imperative, An appellate judge must have the ability to write persuasively and lucidly, to harmonize a body of sometimes conflicting law, and provide guidance to the trial courts for future cases. Tom ‘Waterman clearly possesses these attributes, I first encountered Tom in the fall of 1981 when we were beginning law students at the University of Towa College of Law. While Tom was immediately distinctive in our class because of his family name, it quickly became apparent to the other students that ‘Tom was a potential legal star in his own right. I had the opportunity to closely observe not only Tom's classroom excellence, but also his outstanding writing skills, We both held editorial positions on the Jowa Law Review in our final year of school. Tom’s student article on jurisdictional issues in class actions was considered by the faculty and editors as one of the best student picces published that year. The promise and potential ‘Tom exhibited while a law student has materialized into substantial achievement as a trial lawyer. I have had the opportunity to follow Tom’s career from afar, and, as I am sure many others have corroborated, it is outstanding. As an example, ‘Tom and I represented co-defendants in a class action suit several years ago, Tom sought and achieved for his client a dismissal by the district court on a particularly unique and thorny jurisdictional issue, Unfailingly courteous and professional, Tom did an outstanding job for his client, winning an affirmance of the dismissal before the Iowa Supreme Court. Ross v. First Savings Bank of Arlington, 615 N.W.2d 812 (lowa 2004), ‘Two years ago, I referred a valued client to Tom for handling a complex commercial litigation matter due to a conflict within my firm. Tom did an outstanding job for our client in what was a complicated, emotional and high- stakes trial. ‘Tom Waterman is undeniably ready for the next step in his career: Justice of the Supreme ‘Count of Iowa. Tom brings to that role an understanding of the law fiom the perspective of an experienced trial lawyer. He knows the issues of substantive law and procedural hurdles that confront and challenge district court judges, lawyers, and their clients. ‘Tom will be cognizant of the importance of providing thoughtful and thorough analyses of the questions presented, as well as practical guidance to the Bench and Bar when addressing legal issues in appellate decisions, an attribute critical to instilling public confidence in the administration of justice. I know the Commission will consider many fine applicants for these vacancies. I know this Commission will, as it always has done, strive to recommend only the highest qualified men and women, When, as now, public confidence in our judicial system has been substantially undermined and the performance of the Court will be scrutinized as never before, my interests as a lawyer and a citizen compel me to urge this Commission not to accept the mere competent journeyman applicant. Tom Waterman’s substantial appellate and trial experience, his record of legal writing and scholarship, high academic and ethical record, and personal background and «qualities, easily renders him one of the preeminent candidates. We need attorneys of his stavure ‘on the Court, Tom is the right Iowan for the job.