ALTER _ Established 1696 weerwahorteading com 2117 State Street, Suite 300 Bettendorf, IA 52722 Phone: ($63) 344-5320 Fax: (563) 344-5317 RECEIVED January 6, 2011 ‘Mr. David K, Boyd JAN 10 2011 State Cot Administrator 1111 E, Court Avenue: ‘STATE COURT ADMINISTRATOR Des Moines, IA $0319 Re: Thomas D. Waterman - lowa Supreme Court Dear Mr. Boyd: Tam writing to you today in support of the candidacy of Thomas D. Waterman of Lane & Waterman, Davenport, to serve on the lowa Supreme Court, It is my understanding that the State Judicial Nominating Commission selected Tom as one of the three finalists to fill a vacancy on the Court in 2008; and that he has reapplied for the pending vacancies on the Court. It is my personal opinion that you will find no finer candidate to serve on the Court than Tom Waterman. I have known Tom, both personally and professionally, for almost twenty-nine (29) years. I met Tom during our first year of law school at the University of lowa College of Law in 1981. Tom had just returned to Iowa fiom his four years of undergraduate study at Dartmouth, and he was pleased to be coming home to Towa, Throughout law school, Tom was the kind of student that was respected and admired by all of our classmates and professors. Not only did ‘Tom distinguish himself academically while at Iowa Law School, graduating Order of the Coif at the top of our class and serving on the Law Review; but he also displayed ‘uncommon Icadership qualities and a genuine personality that drew people to him, Tom's compassion for the law as well as for his friends and colleagues was evident at an early age, and has carried him well throughout his career. Following our graduation from law school, Tom had the opportunity to practice anywhere he desired; and chose to return to Davenport fo practice with his father, brother, uncles and many others at the law firm that since 1902 has borne the name of his great-grandfather, former Towa ‘Supreme Court Justice Charles M. Waterman, Following seven years of private praetice in my own hometown of Sioux City, in 1991 I accepted the position of Vice President and General Counsel with the Alter Companies in the Quad Cites. As luck would have it, Lane & Waterman had served as the main outside counsel fo Alter and its many affiliated entities for decades; and my career move gave me the opportunity to broaden my personal relationship with Tom from our law schoo! days into a strong professional one,In the nineteen (19) years that { have worked with Alter, ‘Tom has suecessfully represented many of our companies through a wide variety of legal matters, both in and out of the courtroom, Tom has skillfully handled cases for us as diverse as major personal injury claims arising from our entities” scrap metal and barge operations; complex tax issues greatly affecting our affiliated casino companies (see Tom’s resume re: Fitzgerald v. Racing Ass'n, 539 U.S. 103, 123 S.Ct. 2156, 156 L.Bd.2d 97(2003)); and a hotly-contested dispute involving, aspects of maritime, municipal, real estate and landlord-tenant laws for another of our casino entities (see: Robert’s River Rides v, Steamboat Development Corp, 520 N.W. 2d 294 (Iowa 1994)). In addition, 1 served as the company representative and attended a five-day Federal bench trial argued in 1993 by Tom on behalf of one of our companies, Steamboat Southeast, Inc. against the City of Fort Madison, This dispute involved primarily issues of contractual and maritime law; and at the conclusion Judge Victor ruled in favor of our company on every count. More recently, Tom coordinated Alter’s defense in a complex, eatastrophie personal injury action with related insurance declaratory judgment proceedings, which arose when a temporary worker was struck by a forklift at our recycling facility in Hattiesburg, Mississippi. Tom secured favorable testimony from the owner of the temporary employment ageney as to comparative fault and indemnification issues, and protected Alter’s interests in related insurance coverage disputes, When a multi-party seven figure settlement hung in the balance over a novel issue of Mississippi law, ‘Tom found the key case law and quarterbacked the briefing between multiple law firms that led to summary judgment against the workers compensation insurer’s future offset claim, resulting in completion of the settlement on favorable terms for our company. See Trejo v. Alter Serap Metal, Inc. et al, 2010 WL 2773397 (8.D. Miss, July 13, 2010).” “These victories for Alter were in very large part duc to the outstanding legal work of Tom Waterman, His courtroom abilities, combined with his tremendous preparation and legal analysis, led to those successes and to many others throughout the years for the Alter group of companies and for ‘Tom’s other fortunate clients. As important as his courtroom victories may be, just as impressive is the extraordinary professionalism and integrity that Tom brings to the practice of law. Indeed, I do not know a single attorney who has dealt with him in his twenty- six years of practice (whether an ally or opponent, a fiiend or foe), who does not believe that ‘Tom Waterman is one of the finest lawyers and gentlemen that they have ever come across. In a day and age when our society in general and the legal profession in particular have become so partisan, combative, and divisive; Tom’s ability to be both a strong advocate for his clients while at the same time displaying sincere respect for his opposing counsel and parties is a breath of fresh air, This ability would serve him and our state exceedingly well on the Towa Supreme Cour In addition to ‘Tom’s impressive legal record, which you can find further set forth in his resume, I would be remiss if I did not address the many personal characteristics he embodies which I believe would contribute to making him an outstanding Supreme Court Justice. First and foremost, Tom is a caring and committed family man, He is a wonderful husband (o his wife Maria and a dedicated father to his four daughters, Tom is also very committed to the education and fitness of the youth of the Quad Cities, having actively served for many years on the Boards of the Davenport YMCA and Rivermont Collegiate preparatory school in| Bettendorf, Additionally, Tom himself is a gifted athlete, and has somehow found the time amid all of his personal and professional commitments (o become very suecessful in endurance sports, Tom has completed multiple marathon runs and Ironman triathlons in the past several 2years. This actually comes as no surprise to me, as I have always known Tom to be the type of person who has never faced a challenge that he could not meet; whether it be in a courtroom, in a classroom, on a RAGBRAI route, on a mountain, or on a marathon course. I have no doubt that if Tom is appointed to serve on the Iowa Supreme Court, he will fice the challenges that are presented by that esteemed position with the same dedication, desire, intelligence and thoughtfulness that have characterized his entire life, In sum, I believe that Tom Waterman is exactly the kind of well-rounded, intelligent, and ethical person that our state needs to fill one of the current vacancies on the Iowa Supreme Coutt. I urge you and your colleagues on the Nominating Commission to select Tom as one of the final nominees whose names are submitted to the Governor for his consideration for appointment to the Court. If can provide any additional insight into this matter, please feel fiee to contact me at (863) 344-5320 or bob.cili@altertrading.com, Very truly yours,., AEE Robert G, Ellis Vice President and General Counsel Alter Trading CorporationRECEIVED JAN 0 3 2011 Barrack, Rodos & Bacine oR A Professional Corporation {ATE COURT ADMINISTRAT Attorneys At Law Bes Philadelphia San Diego New York Daniel E. Bacine December 23, 2010 New Jersey dbacine@barrack.com ‘The Honorable Mark 8. Cady The Honorable David Wiggins Chair, Iowa Judicial Nominating Commission Chait, lowa Judicial Nominating Commi: through 12/31/10 after 12/31/10 1111 Bast Court Avenue 1111 East Court Avenue Des Moines, IA 50319 Des Moines, IA $0319 Re: Application of Thomas D. Waterman for Iowa Supreme Court Vacane Dear Justices Cady and Wiggins: Tunderstand that Thomas Waterman has applied to fill a vacaney on the Jowa Supreme Court. I write to support Tom’s application, based on my experience working with Tom on a ‘major case that lasted (with appeals) more than eight years, ‘Tom was one of the lead counsel in Rieff, ef al. v. Evans, et al., Civil Action No. CF 35780 (lowa Dist. Ct., Polk County), a class action that generated a number of judicial opinions in the trial court, as well as several appeals to the Towa Supreme Court. The case settled in 2005 for an amount in excess of $100 million, the bulk of which was distributed to former Allied Mutual Insurance Company policyholders at the end of 2006, I had the pleasure of serving as one of Tom’s co-lead counsel in the case, Tom is a superb litigator. While I had never worked with him before the Rieff case, I quickly learned that he was very bright, intellectually curious, reliable and a great writer. Tom often volunteered to undertake the difficult task of writing the first draft of briefs on some very challenging and sometimes esoteric issues, In most cases, the final draft was not much different from the first. He also presented effective oral argument on a number of issues before both the trial court and the Supreme Court Importantly, Tom also worked well with other lawyers on the team. Ina complex and protracted case where there are multiple plaintiffs’ counsel, each of whom brings his or her own perception to the case, there are often disagreements about important strategic and tactical issues Rieff was such a case. It takes a skillful lawyer to achieve a consensus on these issues, More often than not, it was Tom who forged that consensus and made the favorable result in the case possible. 3300 Two Commerce Square * 2001 Market Street * Philadelphia, PA 19103 Telephone 215.963.0600 * Facsimile 215.963.0838 wwwbarrack.com ue[BIR 2D) Barrack, Rodos & Bacine ‘The Honorable Mark 8. Cady ‘The Honorable David Wiggins December 23, 2010 Page 2 While I have never served as a judge (other than as an arbitrator for the Financial Industry Regulatory Authority, formerly the National Association of Securities Dealers Regulation), I have practiced before many judges in my 39 years at the Bar. ‘Tom has all of the attributes that I consider important for a judge: he is intelligent, fair, honest, elear-minded, hard- working, well-prepared, and a team player. 1 therefore recommend him without he appointment as a justice on the Supreme Court of Iowa, DEB/mmb cc: Mr. David K. Boyd Mr. Steven Brody Mr, David C. Cochran Guy R. Cook, Esquire Ms, Coleen A. Denefe Jean Dickson, Esquire Joseph L.. Fitzgibbons, Esquire H, Daniel Holm, Jr., Esquire Ms, Mary Beth Lawler Mr. Timothy L, Mikkelsen Steven J, Pace, Esquire Dr. Margaret Redenbaugh Amy Skogerson, Esquire Beth Walker, Esquire Ms. Madalin A, Williamswy Fw: Good luck on lowa Supreme Court Justice quest David K Boyd to: Tina Schweitzer _ 1718/2011 04:00 PM -+-- Forwarded by David K Boyd/SCAMUDICIAL on 01/18/2011 04:00 PM — "Waterman, Tom" Ke (@} , TiMeeeT GRIER “david k.boyd@iowacours.gov" , "redenbaugh@bvu.edu* ‘tedenbaugh@bvu edu>, *mw1247 1@gmall.com™ , "edenefe@yehoo.com™ ~, "mlawier) 1@mchsi.com" , "Brody, Steve" , "TLMIKK@aol.com" , "Jean 2. Dickson" , Ariy Skogorson , Joe Fitzgibbons , Guy Cook , "bkhn@ballkikholm.com* ce “mark.cady@iowacourts.gov" , "Mark_Bennett@iand.uscourts.gov" ‘Subject FW: Good luck on lowa Supreme Court Justice quest Dear Commissioners, {1am honored to forward, with the author's permission, this email of support from Judge Mark Bennett. You are welcome to contact him to discuss my candidacy. Thank you for your consideration. Tom Waterman From: Mark_Bennett@iand.uscourts.gov [mailto:Mark_Bennett@iand.uscourts.gov} Sent: Tuesday, January 18, 2011 1:12 PM To: Waterman, Tom Subject: Good luck on Iowa Supreme Court Justice quest Dear Tom, Best wishes on this quest. | hope it is your time. You are superbly well qualified and this is obviously a critical e for the Court. | hope you would have no objection to me giving you the highest marks if asked by any of the Commission members. Thank you for once again expressing your interest in this thankless position. BestMeth, Rend Mark W, Bennett U.S. District Court Judge Notthem Distriet of lowa USS. Courthouse 320 6th St. Sious a S101 712-233-3909 (fies) 712-233-3913 swinwiand.useourts.gov ily, fowa “Do net be daurted by th enounty ofthe world's gle. Do just, now. Love mercy, now. Wak ‘hurl, pow. You are nt obgated to complete the work, but nether are yeu free fo ebanion ft" The Tami “the moral ere ofthe universe is ong butt bends towerds justice." WKvu R. RICHARD BITTNER, LAWYER, P.C. [ATTORNEY AT LAW 201 WEST SECOND STREET, SUITE 1000 DAVENPORT, IOWA 52601 RICHARD BITTNER TELEPHONE (63) 298.3323 JOHN A. HELLSTROM ACSIMILE (es) 926-1352 (oatei99) RECEIVED December 20, 2010 DEC 2 2 2010 STATE COURT ADMINISTRATOR. Mr. David K. Boyd State Court Administrator Towa Judicial Branch Building 1111 B, Court Avenue Des Moines, IA 50319 Re: Qualification of Thomas Waterman - lowa Supreme Court Vacancy Dear Mr. Boyd: Thave known Thomas D. Waterman during all of the years in which he has practiced law. ‘Tom is an outstanding, highly principled lawyer. His ability and experience exceeds A+, His honesty and integrity are beyond reproach. His work history and work ethic will serve to lighten the load which currently burdens the Court He recognizes his obligations to the legal profession. He also recognizes that he has obligations to his community that are beyond the demands of the practice of law, In my judgment these qualities place him at the very top of the list of many, well qualified candidates, Mr. Waterman will provide the Supreme Court with a Justice who will maintain and elevate the highest standards which I and the lowa Bar have always demanded and expected, Tom will not limit his representation to Eastern Iowa, A lawyer with ‘Tom Waterman’s qualifications, integrity, stature and commitment to community is, in my best judgment, the lawyer that is best suited to elevate the stature of Iowa’s highest appellate court, I most strongly recommend the nomination of Thomas D. Waterman to fill the upcoming vacaney on the owa Supreme Court, NER, LAWYER, P.C. Imocc: Hon, Matk $. Cady Jean Dickson Beth Walker Joseph L. Fitzgibbons H, Daniel Holm, Ir. Coleen A. Denefe Timothy L. Mikkelsen David Cochran ‘Tom Waterman Hon, David Wiggins Steven Pace Amy Skogerson Guy Cook Dr. Margaret J. Renenbauigh Mary Beth Lawler Madalin Williams Steven BrodyBowman and Brooke... 4k 0 Wet i onver Roa, Se 60D “yt 40004 Phone 248 875000 Fred. Fesars Fox 2taria.0%%2 toot 248687 5393 ‘om tomer sn Ema id eserd@Qboumnanendrooke com January 12, 2011 The Honorable Jerry L. Larson RECEIVED Justice, lowa Supreme Court Shelby County Courthouse gan 18-2011 P.O, Box 19 re STATE COURT ADMINISTRATOR Re ‘homas Waterman, Candidate for the lowa Supreme Court Dear Justice Larson: | am writing to share my views and high recommendation of Tom Waterman in connection with his potential appointment to the lowa Supreme Court. | first became ‘acquainted with Tom Waterman in January 2009, when | retained him as local counsel in a high exposure product liability matter | am handling for Ford Motor Company. Ford's Office of the General Counsel had recommended Tom as local counsel. When | inquired of other lowa lawyers as to Tom's reputation, | learned that he is highly regarded by his peers and colleagues. They universally recommended him without reservation, The product liability case is stil pending, and Tom has been deeply involved throughout discovery. Tom's work on this case has demonstrated his ability to quickly master complex issues and analyze potential outcomes. The case involves very complicated technical issues relating to the product's design. Tom has embraced the issues and demonstrated a thorough knowledge of the product's design and manufacturing history. The case also involves a severe and complicated injury. Tom has primarily handled the medical and damages issues in the case, and has worked up those aspects of the case in a very impressive manner. His depositions of the treating physicians and plaintif's experts were masterful, and significantly bolstered the defense of the case. One excellent example of Tom's strategic thinking and awareness of the direction of lowa law was his approach to the alcohol issue in our case. The driver was ‘intoxicated, and rolled the vehicle after going off-road, injuring the plaintiff. Tom alerted us at the outset of this case that the lowa Supreme Court was considering the issue of the admissibility of comparative negligence In a crashworthiness case. Tom predicted that the lowa Supreme Court would overrule its decision in Reed v. Chrysler, 494 N.W, 2d 224 (lowa 1992) and permit the driver's fault to be compared in a crashworthiness case. He recommended we prepare the case assuming that the lowa Supreme Court would rule that the intoxication evidence would be admissible, which we did, As Tom surmised, the lowa Supreme Court overruled Reed in Jahn v Hyundai, Slip Opinion No, 07-1595 (Oct. 8, 2010). Due to Tom's foresight and knowledge of Jowa law and policy trends, we had prepared our case to take full advantage of the decision. “ODMAPCDOCSADEN230036\1 MINNEAPOLIS PHOENIX DETROIT SAN JOSE Los ANGELES RICHMOND couumaiaThe Honorable Jerry L. Larson danuary 12, 2011 Page 2 In addition to his intellect and legal skills, Tom is just an extraordinarily pleasant person with whom to work. He treats everyone with respect, including opposing counsel. | am firmly of the opinion that Tom Waterman would be a tremendous addition to the lowa ‘Supreme Court, and serve the citizens of lowa very well for many years. if you require any additional information about Tom, please do not hesitate to contact me. FJF:ap cc: Justice Mark $. Cady Chair through 12/31/10 1111 East Court Avenue Des Moines, IA 50319 Jean Dickson Betty, Neuman & McMahon, P.L.C. 111 East 3° Street, Suite 600 Davenport, 1A 52801-1596 Steven Pace Shuttleworth & Ingersoll, P.L.C. 118 Third Street SE, Suite 50 Cedar Rapids, 1A 62406-2107 Beth Walker Walker, Billingsley & Blair 208 N. 2" Avenue W. Newton, 1A 50208 ‘Amy Skogerson ‘Skogerson & Maxwell Leckband, P.C. P.O. Box 252 Van Meter, IA 50261 HODMAYPCDOCSIDETa00361 Justice David Wiggins Chair after 12/31/10 1111 East Court Avenue Des Moines, IA 50319 Joseph Fitzgibbons Fitzgibbons Law Firm 108 North 7" Street Estherville, IA 51334-0496 Guy Cook Giefe & Sidney, P.L.C. 500 East Court Avenue, Suite 200 Des Moines, 1A 50309 H, Daniel Holm, Jr. Ball, Kirk & Holm P.C. P.O. Box 2696 Waterloo, 1A 50704 Dr. Margaret Redenbaugh 160 Casino Road Storm Lake, 1A 50588The Honorable Jerry L, Larson January 12, 2011 Page 3 Coleen Denefe Madalin Wiliams 513 East Alta Vista 1629 California Ave. Ottumwa, 1A 62501 lowa City, 1A 52240 Mary Beth Lawler David Cochran 111 Foster Boulevard 1200 Glen Oak Street Towa Falls, IA 50126 Dubuque, IA $2004 Timothy Mikkelsen Steven Brody 7440 NW 100" Street 15049 Wildwood Drive Grimes, 1A 50111 Clive, 1A 50325 David K. Boyd State Court Administrator 1411 E. Court Avenue Des Moines, 1A 50319 ODMAWPCDOSSIDETWI003eN1ww uv BOZEMAN, NEIGHBOUR, PATTON & NOE, LLP ATTORNEYS AT LAW ROBERTA.NOE: Fifth Avenue Building RICHARD J, TRINRUD* JAMES D. MOWEN 1630 Fifth Avenue DANIFLP. ELLARD* RICHARD M.BATCHER® P.O. Box 659 of Counsel JOUN P, HARRIS* MOLINE, ILLINOIS 61266-0659 HUBBARD B. NEIGHBOUR ‘Gany 1 sisseL+ Phone 309-797-0850 Retired JAMES. PATTON Facsimile 309-764-1971 vinci BozEMAN MARICR. ste. AUGHLANN wow bnpn,com 112.2007 WILLIAM L CLEAVER JOHN ¥. PATTON J.SUEMIVATT® Janvaty 4, 2011 12-1993 WILLIAM. RECTOR* EVERY D. MARTENS* 1oWA orice Manica TARNOM SUILE 103. BENJAMIN SAN 4200 8.59" Sheer JEFFREY D-IACORS DAVENFORT, 1OWA 52607 565-409.1087 “Also Adiitedia Toya REPLY REFER TOILENO, RECEIVED ‘The Honorable David Wiggins JAN 0.6 2011 Justice of the Iowa Supreme Court 1111 East Court Avenue STATE COURT ADMINISTRATOR Des Moines, JA 50319 Re: Thomas D. Waterman Iowa Supreme Court Candidate Dear Justice Wiggi Thave known Tom Waterman for a number of years and knew his father from when I came to Davenport in 1967 to practice with Ralph H. Heninger just a few months before Clay LeGrand was appointed to the Iowa Supreme Court. Tom, like the other members of his family, is an outstanding petson and I believe would be well-suited to be a member of the Iowa Supreme Court. Tom enjoys a ‘good reputation in the legal community. He is a very capable trial attorney and a good writer. Le is diplomatic, congenial and bright. His temperament and personality would also serve him well in the position, His legal skills are enhanced by his drive and energy outside of the practice of law. Thave run ina number of local races with Tom over the last ten years during which he has progressed to {riathlons, a least one Ironman and ultra marathons such as the Leadville 100 in Colorado completing it in under the 30-hour cutoff, While his list of these types of events is long, one of his more recent outings was running/walking from the south rim of the Grand Canyon to the north rim and back with a friend in less than 20 hours - a distance of 46 miles with 10,000 or more of total descent and ascent. ‘The members of our running club sat spellbound at a recent mecting as he and his friend described the training, gear, and the difficulties they encountered in the double erossi Thave a great deal of respect for Tom’s abilities in all areas and have no doubt that he would do a fine job as a member of the Iowa Supreme Court. Presently, no member of the Court resides east of Des Moines, and we have not had a Justice on the Court from our area of the State since the retirementBOZEMAN, NEIGHBOUR, PATTON & NOE, LLP The Honorable David Wiggins January 4, 2011 Page 2 of Justice Neuman in 2004. Tom would be a worthy successor to her position and would be well- respected by the members of the Bar and the citizens of the State of Iowa, Very truly yours, BOZEMAN, NEIGHBOUR, PATTON & NO : (Que, Grae, Richard M. Batcher RMB:sha ec: 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 David K. BoydBRADY & O'SHEA, P.C. “ATTORNEYS AT LAW 236 FIRST AVENUE SE ‘CEDAR RAPIDS, IOWA 62402 ‘TELEPHONE (619) 865-9277 AX G10) 866-9200 ANNE, BROWN-GRAFF worw.braiyoshea com “ANNARYBICKI Writore B-Meil: mprestonsbradyesbea ora “Alo admitted in Dinoie January 13,2011 Via E-Mail Ont; Justice David Wiggins L111 East Court Avenue ‘Des Moines, IA 50319 Re: Letter of Support for Nomination of Thomas Waterman as Towa Supreme Court Justice Dear Justice Wiggins: Tam writing to you in your capacity as a member of the State Judicial Nominating Committee in support of the application of Attorney ‘Thomas Waterman for appointment to the Towa Supreme Court. I also wrote in support of ‘Tom Waterman in his 2008 application for appointment to the Iowa Supreme Court In the course of working with Tom as plaintiffs’ co-counsel in the Polk County lawsuit of Rieff v. Evans, Lhad a chance to work closely with Tom for nearly six years. During that time, Tom demonstrated exemplary skills at rescarch, writing and oral advocacy, and was a tireless worker. Even more importantly, he was gracious and professional throughout the entire matter toattomeys and parties on both sides of the case, During my term as President of the Young Lawyers Division of the Jowa State Bar Association T also had the opportunity to review Tom’s work regarding the revised Towa Uniform Civil Jury Instruction on punitive damages, as part of his membership on the ISBA Jury Instruction Committee. As usual, Tom demonstrated great diligence and work product as part of that process. I have no doubt that Tom possess both the intellectual prowess, ‘and proper temperament to serve as an excellent Justice for the Iowa Supreme Court and I wholeheartedly recommend him for that position,BRADY & O'SHEA, P.C. January 18, 2011 Page 2 0f 2 Sincerely, BRADY & O'SHEA, P.C. pitt. «ar MATTHEW L, PRESTON MLP/tmh ce: via e-mail: 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 David K. Boydvl CEIVED v BROOKS LAW FIRM “ORK, A Professional Corporatic sTRATOR: emia went 3725 Blackhawk Road, Suite200 STATE COURT ADMIt ‘Berard. efinana Rock Island, IL, 61201 Seley D. Det Tel (309) 786-4900 Eel rd ‘Toll Free (866) 788-4900 long Offs ‘os ato Fax (309) 786-4940 Davenport 1432501 Seon? bat Website: ww.brockslawinpe.com Toon Eambro Attorneys Admitted in Illinois and Lowa Mathew. Holner* Admitted in Mlinois Only December 30, 2010 OwrileNo. Justice Mark 8. Cady 1111 Bast Court Avenue Des Moines, IA 50319 Justice David Wiggins 1114 Bast Court Avenue Des Moines, 1A 50319 Dear Justic s Cady and Wiggins: J am an attomey concentrating in civil litigation in the Quad Cities. Thave known Tom Waterman as a friend and colleague for many years. We have worked together on litigation matters throughout our careers, Tom is a genuine person, upstanding citizen, accomplished attomey and a brilliant legal scholar. He will make an outstanding Justice for the Iowa Supreme Court. hope you will seriously consider selecting Tom for this service. Because Tom practices in the Quad Cities, he has handled complex legal issues involving such things as jurisdictional and choice of law questions that many attorneys in central Iowa may never come across. In addition, his inferaction with attorneys from Hlinois and the Illinois court system provides him with a perspective and knowledge base that will serve him well as a Justice of the Iowa Supreme Court.BROOKS LAW FIRM December 30, 2010 Page 2 Tthank you very much for your consideration. If can provide you with any further ‘A Professional Corporation information conceming Tom, please contact me at your convenience, JLBhers cc: 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 David K. Boyd Very truly yours, BROOKS LAWEJRM, P.C.RECEIVED ant 08 201 eas pel John Kinsale Doct 314.260.2440 ‘rect fax 314.552.8440 Mobile 314.791.2440 {bkinsela@bryancave.com STATE COURT ADMINISTRATOR January 3, 2011 ‘The Honorable Justice David 8. Wiggins Towa Judicial Nominating Commission 1111 East Court Avenue Des Moines, 1A 50319 Re: Thomas Waterman, Candidate for the lowa Supreme Court Dear Justice Wiggins: I am writing to share my impressions of and respect for Tom Waterman in ‘connection with a possible nomination to serve on the Iowa Supreme Court, I believe that Tom Waterman would conscientiously and fairly serve the people of the State of Iowa, as well as any others litigants whose cases came before his Court. Tom is exceptionally qualified by the breadth of his expetience, his keen intellect and his profound integrity and sense of justice. 1 became acquainted with Tom Waterman in January of 2005 when I followed the recommendation of one of my partners and asked Tom to assist me in representing a client in Iowa litigation involving the death of a man working on a very large farm tire, Although we have had just this one case together, we have worked through numerous legal issues presented in that case, giving me an opportunity to get to know Tom as a person and as a lawyer, I have spent time with Tom not only as a colleague in his office, but as a friend in his home. ‘My specialty is litigation, primarily products liability, and my tite manufacturing clients have invested me with a great deat of technical knowledge in tite litigation, The case Tom and I ate working on started out with a preliminary injunction to preserve evidence, progressed to a wrongful death action and finally included a third party claim against the temp service employer of a co-worker of the decedent, The co-worker was “on assignment” and not a co-cmployee. Tom alertly noted this potential claim based on Iowa Worker's Compensation Lavi, which is different from that of the states I have encountered. ‘The employer became part of the case, based on a contractual indemnity claim brought by the temporary staffing defendant. This development lead to a sucessful resolution of the lawsuit, During this pendency of this cose, when we truly hed “emergencies,” Tom put the ime and effort in to analyze the law and facts so that we could quickly develop sound recommendations. Discussing these issues with Tom reminded me of my intemship at the Missouri Court of Appeals; collegial yet probing and including topatan Sete aio Dossy sue 60 Sto, es2 2160 ‘ate. 200 eat) 29-2028 anes hy teat Aes Anglos ow to Washington, 0 gece tan ote Brynearde con Sunpak Being tet als unos:‘The Honorable Justice David S. Wiggins Jowa Judicial Nominating Commission January 3, 2011 Bryon Cave LLP Page 2 both a tight focus on particular language and a retreat to a broader policy-based view, to test the practicality and “common sense” of our conclusions, ‘Tom’s legal acumen is certainly well known and documented, One of the many impressive skills I have witnessed in Tom is his ability to see and articulate both sides of arguments. This perspective, which is vital to a successful litigator, would surely serve the people of Iowa well if ‘Tom were to serve on the lowa Supreme Court. Tom has managed to preserve the most cordial relations with everyone involved in our ease, treating all with respect, despite our opposing views of the litigation. Tom’s excellent staff also reflects well on his leadership and judgment. They are all very qualified and would surely walk a bed of coals if he asked them to. In describing Tom, I keep coming back to the word “thoughtful.” I believe that Tom would make an exceptional judge and that he could smoothly transition to the responsibility of sitting on the Supreme Court of Iowa, helping to decide cases affecting either a few litigants or the entire State of Iowa. ro ‘The Honorable Justice Mark 8, Cady Jean Dickson Joseph Fitzgibbons Betty, Neuman & McMahon, P.L.C. Fitzgibbons Law Firm, 111 East 3" Street, Suite 600 108 North 7" Street Davenport, IA 52801-1596 Estherville, IA 51334-0496 Steven Pace Guy Cook Shuttleworth & Ingersoll, P.L.C. Grefe & Sidney, P.L.C. 115 Third Street SE, Suite 500 500 Bast Court Avenue, Suite 200 Cedar Rapids, IA $2406-2107 Des Moines, 1A $0309 Beth Walker H. Daniel Holm, Jr. Walker, Billingsley & Blair Ball, Kirk & Holm P.C. 208 N. 2" Avenue W. P.O, Box 2696 Newton, IA 50208 Waterloo, IA 50704 Amy Skogerson ‘Skogerson & Maxwell Leckband, P.C. P.O. Box 252 Van Meter, IA 50261‘The Honorable Justice David 8. Wiggins Towa Judicial Nominating Commission Jamuary 3, 2011 Page 3 Dr. Margaret Redenbaugh 160 Casino Road Storm Lake, IA $0588 Coleen Denefe 513 Bast Alta Vista Ottumwa, IA. 52501 Mary Beth Lawler 111 Foster Boulevard Towa Falls, IA 50126 Timothy Mikkelsen 7440 NW 100" Street Grimes, IA SO1L1 Bryan Gave LLP Madalin Williams 1629 California Ave. Towa City, IA $2240 David Cochran 1200 Glen Oak Street Dubuque, 1A 52001 ‘Steven Brody 15049 Wildwood Drive Clive, IA $0325 David K. Boyd State Court Administrator 1111 B, Court Avenne Des Moines, IA 50319we bv —.p: oe cus snares The Pale Bung, S100 Pest Oe Baer 19 wD R N I N I 190 ast Capitol Street Jackson, Mississippi 39205, U Eni ssaplabminicom Jalan, Missin 39201 Sree Dine UNO Techn: GOLDIESI0L Fase 601 960.6002 January 12, 2011 . ‘The Honorable David Wiggins RECEIVED ustice, Iowa Supreme Court and IAN 18 2011 Chair, State Judicial Nominating Commission H ba aaa STATE COURT ADMINISTRATOR Des Moines, IA 50319 RE: — Iowa Supreme Court Vacancy — Application of Thomas D, Waterman Dear Justice Wiggins: respectfully recommend ‘Tom Waterman for nomination to the Iowa Supreme Court, Tom and Ihave worked together over the last three years on a very serious personal injury case here in Mississippi. Ihave had the opportunity to observe his skills, demeanor and ethies, He would be a wonderfull member of the Court. Thave been practicing litigation for 35 years, and am the Mississippi State Chairman for the American College of Trial Lawyers. Thank you for considering my letter: Sincerely, Brunini, Grantham, Grower & Hewes, ric (ih lage Chiis Shapley CASI/g0. ce: Chief Justice Mark 8. Cady Jean Dickson Steven J. Pace Madalin A. Williams. Amy Skogerson David C. Cochran ‘Kathryn (Beth) E. Walker Mary Beth Lawier Joseph L. Fitzgibbons Coleen A, Denefe H. Daniel Holm, Jr. Dr. Margaret Redenbaugh GuyR. Cook ‘Timothy L. Mikkelsen Steven Brody David K. Boyd, SecretaryARTHUR L, BUZZELL ATTORNEY ATLAW ‘9 WEST KOMERLY ROAD DDAVENFORT, IOWA Bonde (63) 300-0554 Sax (Geo Sess AMAL, AtyALB@eolcom January 24, 2014 ‘To mambers of the Supreme Court Nominating Commission: | am writing this letter to support the nomination of Thomas Waterman to Governor Branstad for appointment to the ‘Supreme Court of lowa to fill one of the three current ‘vacancies. = Ihave been a resident of lowa since early childhood, am a graduate of Drake University, and have been a practicing attorney in Davenport since 1971, have known Tom and his extended family for my entire legal career, Tom has shown superior competence in his work as an attorney while maintaining a civility in his contact with opposing counsel that is unsurpassed. Itis my opinion that he has the ablliy to perform the functions of a Supreme Court justice with integrity and his service will be a credit to our community and his heritage. | strongly urge you to send his name to the governor as a candidate for appointment to the Supreme Court, Very truly yours, Arthur oy“ut RICHARD M. CALKINS ATTORNEY ATLAW Eee EEE 2700 Westown Parkway, Suite 480¢ 410 wanes at RECEIVED “Telephone (19) 299-0321 Fax: (515) 203-0702 DEC 2 8 2010 ‘ww wcallinsmediation.com December 27, 2010 STATE COURT ADMINISTRATOR TO; State Judicial Nominating Commission RE: Thomas D, Waterman Candidacy to lowa Supreme Court This letter is written in support of the candidacy of Tom Waterman to the Iowa Supreme Court. [have known Mr, Waterman for approximately 17 yeats and feel qualified to make this recommendation. Also, as past dean of the Drake Law School, I have had special opportunities to observe Mr. Waterman in his practice of law. I can say without reservation that Mr. Waterman is a superb candidate from an intellectual, professional, and personal point of view. Mr. Waterman excelled in college and law school as evidenced by the fact he graduated from Dartmouth College cum laude and from the University of lowa Law School Order of the Coif (top 10 percent) and law review. From a professional point of view, he has had exténsive trial expetience handling many difficult cases. 1 am certain that the lawyers he worked with and against in legal proceedings will support my statement that he is a gifted and well-trained legal practitioner. From a personal standpoint, Mr, Waterman is a very fine person, concemed about others, and always willing to go that extra mile in the best interest of his clients and those he opposes in litigation. In other words, he is compassionate and understanding and will be respectful of all who appear before him. Finally, Mr. Waterman has been trained as a mediator and would bring a special dimension to the court. With mediation flourishing in this day and age, it is important that those appointed to the court be familiar with the process and be able to control it as it grows and flourishes in our legal system. For all the above reasons, I strongly recommsadTom Waterman as a candidate for the Jowa Supreme Court. chard M. Calkins RMC:se200 R. Lane (1858-931), Sites a 0.129) Caen EE he SB ace SinKS TE chit Gini ie Bia bit Site A Mey Sty il Bait A Beano Boek Ne Tony st Gabe a ni Risa ied Sens if Patron e 200 North Main Suet, Brinton, Davenport, lowa 52801-1987 an D, Waterman Fat, Monson . Joss Maron ‘Michael L. Noyes: Telephone (563) 324-3246 ‘Molly S.Bulfin®* RS Vani Fax (568) 3241616 hase Font basa Soma. See Brtalea Tisha Beisone Write’ Dire Dial (563) 333-6617 ehere Paro dorms ish Bynes E-Mail Ares: jteleen@-wlav.com Eine Cor Eoin Chat? etwas pnt Mia Sete WP ; feclave Oks ofcomel Chet A Deva LR an Veet Souths rena December 29, 2010 Tanase Rap Rebar Neonat lan € DavBiont Eire eae de! “Also Anite in ios ee ooh ed at eee RECEIVED cea Se eee BEE oes eb gui ae Mr. David K. Boyd State Court Administrator STATE COURT ADMINISTRATOR 1111 E. Court Avenue Des Moines, IA 50319 Re: lowa Supreme Court Vacancy ~ Application of Thomas D. Waterman Dear Mr. Boyd: It is hard to adequately express how strongly I feel regarding my dear friend Tom Waterman's candidacy for the upcoming Iowa Supreme Court vacancy, As I sat and struggled to find just the right words to express my feelings, I decided to be very direct, ‘Tom is very simply one of the finest individuals I have ever known. [believe others have written about his keen egal intellect, prodigious work ethic and integrity and I could emphasize those points with many stories of his brilliant work on important cases against some of the best lawyers in Iowa and the nation. [have personally been involved in many of those cases and have benefited from these attributes throughout our 26 year history of practicing law together, However, I would like to emphasize a few more intangible but equally important traits Tom is kind, compassionate and understanding toward those from all walks of life. Ifall of the Nominating Commission members had the time to walk through the local courthouse and speak not only with the judges and lawyers, but with the clerks and bailiffs, walk through the local YMCA, or speak with all those who have ever been aequainted with him in any setting, I am confident that each and every one would glowingly relate that ‘Tom is an ineredibly nice guy who is personally concerned about all those he meets, from any station in life. He is, modest and self-effacing about his numerous professional and personal accomplishments, If you choose to support Tom's candidacy for the Supreme Court, you ean rest easy knowing that you have supported a man of integrity who will judge cases according to theLANE SAWATERMAN ur Mr. David K. Boyd December 29, 2010 Page 2 rule of law, and also with the wisdom and compassion of one who is truly concerned for the well-being of all those who come before the Court, I would be pleased to speak with any Commissioner that would wish to inquire further about Tom's qualifications, Very truly yours, LANE & WATERMAN LLP By John DTelleen / = vom JDT/bacvy wl JoeB. Lane (1858-1931) Diane MRelaseb* Sect icery (o7 m9 GeONTERMAN wo gine tae Charles 'AVTORNEYSAT LAW SINCE 1854 Diane Pato Saat ad tear. Gres E Denon 220 North MainStreet, Suite 600 Dovel Lindsem, c* eee Dar ne Ce ‘Michael L. No} ‘Telephone (563) 324-3246 Molly S. Bulfint® “ions D. Wate Sarl. Skavepa JehinD, Teleea® iBehard A evison® Waiter’s Diteet Dial: (563) 333-6680 Registered Patent dtrneys Michel Bye E-Mail Adress herman @-wla.com Eakin Cow Eman Cart preva twrorial ‘Apr inl Jefey W Paul tho Ou Ofcom ene earn erent January 4, 2011 Thomas tt Komp Ree eNetpee RECEIVED MiR&E5taw Christopher 3 Curran? Sere! “Alo Aid nino fons onan yan oe on oom adsetitees Soy kitowe 3357 es Sue 110 STATE COURT ADMINISTRATOR. IL 61265 Justice David Wiggins Chair of the State Judicial Nominating Commission 1111 East Court Avenue Des Moines, IA 50319 Re: Judicial Application of Thomas Waterman Dear Justice Wiggins: Tam writing regarding Tom Waterman's application for the lowa Supreme Court. ‘Tom is incredibly hardworking and his intellect is among the best I have ever seen. I recently worked closely with Tom on a sexual harassment case, and I know from experience that he follows the highest ethical standards without pause or waiver, Tom is also a great team player and he is respectful and engaging of the attorneys and support staff that he works with, Tom sincerely gets excited when researching and writing, and appellate work has Jong been a favorite practice area for him, ‘Tom also takes the time to pass on his experience and knowledge to others within the firm. I have seen Tom consistently demonstrate a strong work ethic and professionalism even during stressful times of intense workloads. The eastern portion of Iowa has historically been underrepresented on the Court. 1 believe it would add value to the Court and the citizens of Iowa to have an attorney from this part of the State serving on the Court. We greatly benefited when Justice Linda Neuman served ‘on the Court, and she had an open door policy and actively participated in bar activities and interacted with others at activities such as Inn of Court. Tam certain that Tom would positively interact and communicate with attorneys and members of the community. imilarlyLANE GQWATERMAN ur Justice David Wiggins January 4, 2011 Page 2 I believe that Tom would be a great asset to the lowa Supreme Court, and I ‘would be pleased to answer any questions or provide any additional information regarding his application. Very truly yours, LANI-& WATERMAN LLP Jugith L, Herrmann ILHjrb ce: Chief Justice Mark Cady Jean Diekson Joseph Fitzgibbons Steven Pace Guy Cook Beth Walker H. Daniel Holm, Jr. Amy Skogerson Dr. Margaret Redenbaugh Madalin Williams Coleen Denefe David Cochran Mary Beth Lawler Steven Brody Timothy Mikkelsen David K. BoydJoe R Lane 1858-1931 errs Gast Mier Sams: Menvinaky David A. Batman ‘Tey Ml Gibastelat Rand. Wonio is. Beason Rober v-F Waiennan Jr? Peter. Benson® Biche! L Noyes Seat Van Voorent ‘homes D- Wateman® Jol. eee’ Ftd 8 Daviont ‘Michel P Byres Edman ti. Caret* wy Diane M4 Reise LANE Catherine EE, Hult® SQWATERMAN ur ont WATERMAN a 220 North Main Stree, Suite 600 Davenport, fn 2801-1987 fee armen “Telephone (363) 324-5246 phen Mena Fc (363) 324-1616 in lene Samus. Skorepe Writer's Dicer Dit: oR eCEVED gare tary Mal Ades: byte Oa ie WEawson ear Mase ieodoe tO ml gan 0-7 20tt ocansd Solin Acrman January 5, 2011 apron anne fer em STATE COURT ADNINSTRATORFen ian sae te! “Alo Alita Jest) Grate aly Amc te Goeey May Deskor+ ois ofce ey Howe SFSU site 110 ‘Motine, 6265 ‘The Honorable David S. Wiggins Chair, lowa Judicial Nominating Commi 1111 East Court Avenue Des Moines, [A 50319 Re: Supreme Court Vacancies - Thomas D. Waterman Dear Justice Wiggins: Tam a partner at Lane & Waterman and writing (o relay my strong support for Tom Waterman for one of the Supreme Court vacancies. I have worked with Tom at Lane Waterman for the last 24 1/2 years, He is one of our brightest attorneys and perhaps, our best analytical mind, Tom truly enjoys researching and analyzing case law and has worked significantly in the appellate area over his carcer at Lane & Waterman, J currently serve on the ISBA Board of Governors and am a member of the Seventh Judicial District Nominating Commission. I believe Tom will be a strong justice and not swayed by popular opinion. In our local Commission, we have had discussions that the judges for the Seventh Judicial District should be representative of the entire district and I believe the same is true for the Towa Supreme Court. ‘The Supreme Court should be representative of the entire State of Iowa and while it may not have positions for designated areas of State, geographical diversity is a factor which should be taken into consideration by the Commission, ‘Tom is extremely hard working and very dedicated to the law. I highly recommend Tom for the position of an associate justice of the Iowa Supreme Court. If can be of further assistance or provide any additional information, please feel free to contact me. ‘Viry truly yours, Midhael P. ne MPB:laa ce: Jowa Judicial Nominating CommissionJoe R Lane 1858-1931) ‘Charles B Wateroan (1847-1924) "Dana Waterman i ‘Chaes Filer” James A Mevinsky David A. Deca Terry M, Giehaleia® Rd &, Wenio Gus B Besson Rober V.P. Waterman, Je Peter, Bensont Michacl L Noyes Scott Van Vocren* ‘Thomas D: Waterman JehinD. Teleens [Richard A-Davidson* Micheal Byme® Edman, Cagll™ defitey W. Pal ‘Theodore F Ole Cameron A. Davicsont Suds Ls ermpann® Rober Bh MeMonalet yw Diane MReinse LANE Cath E, E, Hult® GUWATERMAN ur oem it [ATIORSAT IAW SINCE 854 Diane Pata Tova Sou, Hall Wendy Meyer Tan). Rasse Benjamin); Pterson* 220 North Main Stee, Suite 600 Donel instore Davenport owe 52801-1987 Rot Naeem Telepane (68) 324-3246 sel Maton x (365) 324-1616 fe 6 ten Sn. Stree Writer's Direct Dial: (563) 3: E-Mail Address: rvanvooren@l- ‘www. L-WLaw.com, ut Registered Patent Attorneys: RECEIVED ESE” O11 2 Couser January 5, 2011 JAN 0.7 2 Theos Ren STATE COURT ADMINISTRATOR” |C: Davidsont Christer J Curane Joseph Judge Jasoh 3. ORouret “Soy Admitted in Minos ‘Toy D, Veaner™ Goortnoy Mi. Ky Deckert linoig once ‘Troy A Howelh 3331 Ts sect, Suite 110 ‘Mating, 61368 The Honorable David S. Wiggins Justice, lowa Supreme Court and Chair, State Judicial Nominating Commission 1111 East Court Avenue Des Moines, IA 50319 Re; Towa Supreme Court Vacancy ~ Application of Thomas D. Waterman Dear Justice Wiggi Theartily endorse the candidacy of my law partner and friend Tom Waterman for nomination to the Towa Supreme Court, I have known Tom all of his life and mentored and worked with him at Lane & Waterman on many challenging cases since he graduated in the top five percent from his Iowa law school class in 1984. ‘Tom graduated cum laude from Dartmouth College in 1981. He was a published author and Associate Editor of the Iowa Law Review and graduated Order of the Coif. Tom will make an outstanding Supreme Court Justice. My only reluctance in urging his nomination is that his departure would be an enormous loss to our firm. Tom quickly distinguished himself upon joining our firm 26 years ago. He is one of the best writers and legal scholars I have encountered in my near half century of practicing law. He has served pivotal roles in many of the biggest cases handled by our firm, including the Clark College fire case, the Iowa tobacco litigation, ancl the prosecution of major class actions including: the multi-state and federal Chubb Rain Insurance litigation; the Allied Mutual Insurance litigation resolved through the largest class action settlement in Towa state court history; and the municipal franchise fee cases with class actions certified against seven Iowa cities. Tom initially second chaired me, and later took over as lead attorney in many cases. With ‘Tom on the case, I never worried that we would be outresearched, outgunned or outargued by big law firms from New York or elsewhere. This young man is absolutely brilliant and possesses a work ethic second to none. ‘Tom, without fail, has been a zealous advocate and opposing parties often have sought to retain our firm in subsequent cases. For example, Tom and I represented the outgoing co Admited in nosLANE SQWATERMAN ur [RTIORVDYSAT AWSINCE SSE TOWAILINOIS ‘The Honorable David 8. Wiggins January 5, 2011 Page 2 manager-investors in a hotly contested business dissolution involving a local television station. ‘After that case settled, the TV station, under its new management, became a longstanding client of the firm. ‘Tom and I sued DuPont in a major real estate contamination case and achieved a ‘multi-million dollar settlement on the eve of trial, DuPont thereafter hired vs to defend a catastrophie injury produet liability action that ‘Tom tried to a defense verdict. Tom and I sued Miller Brewing Company in a distributorship dispute that resolved just as the State of Iowa sued Miller Brewing's parent company, Philip Morris, to recoup billions of dollars in smoking-related medicaid expenditures. The recommendation of our opposing counsel in the Miller Brewing Company case was instrumental in our retention as Lowa counsel for Philip Morris in the ensuing tobacco wars, Tom has repeatedly gained the respect of allies and foes alike, Tom's trial work demonstrates he has @ rapport with jurors and has mastered the rules of evidence and procedure. Tom isa lawyer's lawyer. Co-counsel typically defer to him for briefing and arguing legal issues and jury instructions. Tom always retains his calm demeanor even under intense pressure working with difficult egos, Our fim operates by consensus. Tom leads by example, and works collaboratively on administrative issues. He has demonstrated a commitment to community service through leadership positions on the Boards of Rivermont Collegiate and the Scott County Family YMCA, as well as commitment to improving our system of justice through his volunteer service on local bar committees, the State Jury Instruction Committee, and until 2008, the State Judicial Nominating Commission, He lectures at continuing legal education seminars and publishes regularly in the Iowa Defense Update which he edits. Tom understands the importance Of serving the public well. His application for the Supreme Court has the fall support of his partners at Lane & Waterman. 1 served as President of the Jowa State Bar Association in 1983 and have long championed support for our state's judiciary. Having practiced law in many other jurisdictions, including states where judges are elected, I am convinced that Iowa's merit selection process is the best method, Tom is superbly qualified on the merits. Not to be overlooked, however, is the factor of geography. Justice Neuman’s retirement in 2003 left lowa's "east coast"-—inchuding Davenport—without a resident Justice, Davenport and the Seventh Judicial District are also ‘unrepresented on the Towa Court of Appeals. ‘The administration of justice was furthered by the fact that Justice Clay LeGrand and then Justice Linda Neuman maintained regular office hours at the Scott County Courthouse. Tom will do the same, Most importantly, Tom's integrity is unquestioned. Our firm would not have thrived for over 150. years by taking ethical shortcuts. Tom's father, Robert Waterman, Sr., was one of Iowa's preeminent trial lawyers, He led our firm for many years and always advocated “taking the high road" notwithstanding sometimes questionable tactics by opponents. Tom has always honored his father's teachings, Nepotism carries some negative connotations which do not apply in Tom's ease, I can assure you that Tom eamed his way at our firm through his ownLANE SAWATERMAN ur ‘ATTORNEYS AT AWSINCE St TOWNEILINOS ‘The Honorable David S. Wiggins January 5, 2011 Page 3 hard work and ability. I recall his father saying, "The apple does not fall far from the tree.” This is true for the Watermans, Whether by nature or nurture or both, Tom has acquired his father's admirable traits, Tam absolutely confident that if Tom is appointed, his record of service on the Court will be such that Commissioners years from now will speak proudly of nominating him, Over the years Tom frequently would discuss his long time goal of serving on the Towa Supreme Court, His ability to work well with people, his exceptional mind and prodigious work ethie, his balanced views with no particular agenda coupled with a willingness to listen, and his fantastic analytical skills, all make Tom an idcal selection for the lowa Supreme Court. T weleome contacts from any Commissioners who wish to inquire further about ‘Tom's qualifications. py truly yours, Oe lorton_ obert A. Van Vooren RVV/mig, ce: The Honorable Mark 8. Cady David K, Boyd David C. Cochran Guy R. Cook, Esq. Coleen A. Denefe. Jean Dickson Feeney, Esq. Joseph L. Fitzgibbons, Esq. Mary Beth Lawler Timothy L. Mikkelsen. Steven J. Pace, Esq. Kathryn (Beth) B. Walker, Esq. Madalin A, Williams H, Daniel Holm, J. Amy Skogerson Dr. Margaret Redenbaugh | Steven Brodyvv Joo R. Lane (858-1931) Diane M. Resch See tac (or CoN ERMAN eu uw sae Gia ie ‘ snes Dine oe dames A, Mezvin Hr RLNOS Sagi Ua Banat Beant Wey § Mee ‘ery M Gebaateln® co Tan ese Hand, Won Beja Pant Carat Heme 220 North Main Seo, Suite 600 Doug Ling, + Ree Menon vnpor, lowe 2601-1987 Josh Mune ‘Michael L. Noyes ‘Telephone (563) 324-3246 ‘Molly S. Buifin’ St Van oc as (56) 324-1616 dbo tong isn Bact Sami Sho ID eer fen Batnt Whiter iret Dik (553) 333-6635 eh Potent tore ete E-Mall Ades: dpuhoM@i-wiaw.cam Echo coe Elion Coma Seaweed spa Na Jefey Waa worn pcos Sogn eran January 10, 2011 ‘ewe Rag abe Mabon Willan Cardone Sara Co es Song tae ‘Ae Adie a i Jaco. Gate IVED vende tio Yee a Bee oer RECE! ee Sey ol Sr as, Sie 10 JAN 1.2 2011 Win, as ‘The Honorable David Wiggins STATE COURT ADMINISTRATOR Justice, lowa Su re Court 1111 East Couft Avenue Des Mpin&18 50319 Dear Justice Wiggins: 1am waiting this letter in support of Thomas D. Waterman for Justice of the lowa Supreme Court. I have worked with Tom for several years and beliove Tom holds the key qualities of a Supreme Court Justice — intellect, demeanor and strong communication skills, First, as a fellow partner of Tom’s at Lane & Waterman LLP, I have had the ‘opportunity to work with and learn from Tom over the past several years. ‘Tom is a brilliant attorney. In drafting briefs, Tom takes the research, theory and writing process very seriously. Prior to writing any brief, Tom performs extensive research to analyze the state of the law and determine whether his arguments have merit. In writing briefs, every word is chosen very carefully and deliberately by Tom, with the care and foresight of how his words might be construed in the future. He can reason through the law and apply often forgotten theories to new facts and cases with ease. Additionally, while advocating for his client, he thinks ahead about how his words and arguments might alter the state of the law for litigants to come, I believe this heightened ability to see how today’s legal decisions affect Iowans tomorrow is an excetlent quality for a justice Second, | have found that ‘Tom has a excellent demeanor with clients and fellow counsel. ‘Tom is respectful of all opinions. In my work with Tom on appellate matters, I found the deliberations and discussions with Tom to be productive. He reasons though matters with fellow counsel and takes the time to train new attorneys to see how the litigation and appellate process matters in our State. I have also seen that Tom can accept victory and defeat with grace.SEAATERMAN ur UNTTORBEIS AT AWSINCE 185 TOWARAUINODS Iowa Judicial Nominating Commissioners January 10, 2011 Page 2 He never judges a client and offers criticism with finesse and care. I believe his patience in the itigation process is a testament to his demeanor and that through this patience and his teaching, he can be a wonderful role model for both new and seasoned attorneys through a new role as Justice, Finally, I believe Tom has excellent communication skills which would be an asset {0 our court, Asa former law clerk to Justice Linda Neuman, I sat through numerous arguments of counsel and at times wondered which side counsel was arguing for. In my several years of practicing with Tom, I have found that Tom has an ability to make complex cases sound simple, In listening to Tom’s arguments, itis evident that Tom has taken the time to make his arguments flow smoothly and outline the issues for the court in a concise manner. In working with Tom, Ihave seen thal both orally and in writing he never rushes to conclusions and he takes the time to make sure his briefs fully explain his rationale and arguments. This talent to provide a short and clear outline for the court would be an asset to our Court in the opinions that are published in that it would provide future litigants with an outline for analysis of their eases. I must admit, | would miss Tom greatly if he were to leave our firm, however, 1 also realize that Tom’s talents would be an asset to our Court and State. I truly believe Tom would be an excellent Jowa Supreme Court Justice and would be happy to discuss Tom's qualities and work ethics further with you if you would like. Please feel free to call me if you would like any additional comments on Tom. Very truly yours, LANE & WAT » Dime 2rGp— » pide B. Puthott DEP:sbr c: Mowa Judicial Nominating Commissioners Thomas D. Waterman: