September 16, 2011

MarkA. Fogg
7351 Lowry Blvd.
Denver, CO 80230
720-858-6054
Supreme Court Nominating Commission
Chief Justice Michael L. Bender, Ex Officio Chair
101 West Colfax Avenue, Suite 800
Denver, Colorado 80202
Re: Application of Patrick T. O'Rourke for appointment to the Supreme Court
Dear Chief Justice Bender and Members of the Nominating Commission:
I offer this letter in support of Patrick T. O'Rourke's application for appointment to the
Colorado Supreme Court.
I first met Pat in 1995 when he worked as a litigation attorney at Montgomery Little &
McGrew. We handled many cases together as co-counsel primarily in defense of health care
related claims. Pat was an excellent trial attorney, even during the beginning of his career. He
also began to develop a leadership role as an appellate attorney among health care attorneys with
his writing abilities and skill in appellate advocacy. I served with him through bar association
activities and he was one of the original members of the intensive Colorado Bar Association
Leadership Training Program. He has been active in providing help and input to me on
programs when I was the Denver Bar Association President and as President-elect of the
Colorado Bar Association.
He is considered to be one of the top appellate lawyers in the state. He was a lead attorney
on many of the most important cases involving health care law, civil rights and public entities.
Within the practicing bar he is referred to as one of our most gifted brief writers and is able to
grasp the essential issues of a problem very quickly. His writing is clear and concise. His
excellent trial abilities were again confirmed in his handling of the difficult Professor Churchill
litigation.
He contributes to the legal literature on a wide variety of topics and has done so throughout
his career. Many of his writings include analyses of complicated policy issues, but he is also
known for providing clear, straightforward articles which provide concrete guidance to attorneys,
physicians, educators and administrators.
Pat has a similar style in his teaching as he does in his writing. I have watched him give
lectures in various settings. He gives of his time and teaches in law schools, at conferences and
in bar association gatherings. He has the ability to break down complicated issues into
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understandable points and concepts. We always receive very positive feedback when he has
taught a class or given a presentation.
Along with his writing ability and appellate skills, Pat has an incredible work ethic. Of all
the attorneys I have worked with he is in the top ten of those being able to accomplish a complex
project within a very short tum around time with an excellent work product. He takes on the
tough issues first and simply does not have a procrastinating bone in his body.
He is a lawyer with great abilities and integrity. He has a solid moral compass. We served
on the Colorado Bar Association Ethics Committee together and have discussed issues relating to
ethics and professionalism many times over the years. Pat believes it a great honor to be an
attorney and is a tremendous mentor to other lawyers in helping them make good decisions as
lawyers.
I believe that Pat O'Rourke would be an excellent appointment to the Colorado Supreme
Court. I would be happy to provide any additional information or answer any questions.
Sincerely