OFFICE OF THE GOVERNOR

JUDICIAL APPLICATION
Please complete this application by placing your responses in normal type, immediately beneath
each request for information. Requested documents should be attached at the end of the
application or in separate PDF files, clearly identifying the numbered request to which each
document is responsive. Completed applications are public records. If you cannot fully respond
to a question without disclosing information that is confidential under state or federal law,
please submit that portion of your answer separately, along with your legal basis for considering
the information confidential. Do not submit opinions or other writing samples containing
confidential information unless you are able to appropriately redact the document to avoid
disclosing the identity of the parties or other confidential information.

PERSONAL INFORMATION

1. State your full name.

Tamra Jean Roberts

2. State your current occupation or title. (Lawyers: identify name of firm,

organization, or government agency; judicial officers: identify title and judicial
election district.)

Magistrate, Cedar County, Seventh Judicial District

Partner, Beine & Roberts Law Firm, PLC

3. State your current city and county of residence.

Tipton, Cedar County

PROFESSIONAL AND EDUCATIONAL HISTORY

4. List in reverse chronological order each college and law school you attended
including the dates of attendance, the degree awarded, and your reason for leaving
each school if no degree from that institution was awarded.

William Mitchell College of Law, St. Paul, MN 8/06-5/09 JD

Central College, Pella, IA 8/00-12/03 BA
Kirkwood Com. College, Cedar Rapids, dual high school 8/99-5/00 n/a Graduated
and college credit HS

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 5. Describe in reverse chronological order all of your work experience since
graduating from college, including:
a. Your position, dates (beginning and end) of your employment, addresses of
law firms or offices, companies, or governmental agencies with which you
have been connected, and the name of your supervisor or a knowledgeable
colleague if possible.
Partner 1/15- Beine & Roberts Law Firm, PLC Lee Beine
current 419 Cedar St
Tipton, IA 52772
Magistrate Judge 1/14- Cedar County Hon. Stuart
current 7th Judicial District Werling
400 Cedar St
Tipton, IA 52772
Owner, Attorney 1/14-1/15 Roberts Law Office Liz O’Donnell
319 Cedar St
Tipton, IA 52772
Assistant County 1/11-1/14 Cedar County Attorney Jeff Renander
Attorney 400 Cedar St
Tipton, IA 52772
Associate 12/10-1/11 Norton Law Firm Brad Norton
Attorney 515 Lombard St
Clarence, IA 52216
Assistant 10/09-12/10 Iowa Attorney General Patty Hemphill
Attorney General 1305 E Walnut St
Des Moines, IA 50319
Certified Student 11/07-9/09 Ramsey County Attorney Derek Fitch
Attorney/Law 345 Wabasha Street North
Clerk St. Paul, MN 55102

Law Clerk 5/07-11/07 Kelly & Lemmons, P.A. Patrick J. Kelly

2350 Wycliff Street, Suite 22
St. Paul, MN 55114
Photo Clerk 8/06-11/07 Target
15150 Cedar Ave
Apple Valley, MN 55124
Office 1/06-8/06 Jacobsen Johnson & Wiezorek PLC John Jacobsen
Manager/Legal 425 Second St SE Ste 803
Assistant Cedar Rapids, IA 52401

Legal Assistant 8/04-01/06 Bjorklund Law Firm John Jacobsen

504 1st Avenue
Coralville, IA 52241
Daycare teacher 01/04-8/04 Love-A-Lot Julie Ruppert
213 5th St.
Coralville, IA 52241

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 b. Your periods of military service, if any, including active duty, reserves or
other status. Give the date, branch of service, your rank or rating, and
present status or discharge status.

None.

6. List the dates you were admitted to the bar of any state and any lapses or
terminations of membership. Please explain the reason for any lapse or termination
of membership.

September 2009, Iowa

7. Describe the general character of your legal experience, dividing it into periods with
dates if its character has changed over the years, including:
a. A description of your typical clients and the areas of the law in which you
have focused, including the approximate percentage of time spent in each
area of practice.

November 2007-January 2014

Government practice including: criminal (40%), child support (administrative, civil and quasi-
criminal) (15%), civil (5%), involuntary mental health committals (15%), juvenile (delinquency and
child in need of assistance) (20%), government entity advice (5%).

January 2014-Current
General private practice including: probate (10%), real estate (15%), estate planning (15%), civil
matters (5%), personal injury (1%), appeals (1%), family law (18%), business formation(10%) and
juvenile law (25%); a typical client is a small town couple that wishes to have a will drawn up.

January 2014-Current
Magistrate: Preside over small claims (15%), criminal/traffic cases (80%), and committals (5%).

b. The approximate percentage of your practice that has been in areas other
than appearance before courts or other tribunals and a description of the
nature of that practice.

Thirty percent – transactional work such as estate planning, real estate title
opinions and closings, and business formation.

c. The approximate percentage of your practice that involved litigation in court

or other tribunals.

Seventy percent

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 d. The approximate percentage of your litigation that was: Administrative,
Civil, and Criminal.

Administrative: 1%
Civil: 10 %
Criminal: 40 %

e. The approximate number of cases or contested matters you tried (rather

than settled) in the last 10 years, indicating whether you were sole counsel,
chief counsel, or associate counsel, and whether the matter was tried to a
jury or directly to the court or other tribunal. If desired, you may also
provide separate data for experience beyond the last 10 years.

More than 500 bench trials as sole counsel (more than 300 as magistrate judge)
Two jury trials as sole counsel (2 as magistrate judge)

f. The approximate number of appeals in which you participated within the

last 10 years, indicating whether you were sole counsel, chief counsel, or
associate counsel. If desired, you may also provide separate data for
experience beyond the last 10 years.

One criminal appeal

Over 100 administrative appeals

8. Describe your pro bono work over at least the past 10 years, including:
a. Approximate number of pro bono cases you’ve handled.

40

b. Average number of hours of pro bono service per year.

50

c. Types of pro bono cases.

Business formation for not for profits, appeal, criminal, family law, and estate planning

9. If you have ever held judicial office or served in a quasi-judicial position:

a. Describe the details, including the title of the position, the courts or other
tribunals involved, the method of selection, the periods of service, and a
description of the jurisdiction of each of court or tribunal.

Magistrate Judge of Cedar County, 7th Judicial District

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 I am selected by a commission of attorneys and lay persons. My first
appointment was in January 21, 2014 and I was reappointed for a second term in
2017. The jurisdiction for a magistrate includes initial appearances and search
warrants for all criminal cases, simple misdemeanors and traffic citations, small
claims, mental health committals, and substance abuse committals.

b. List any cases in which your decision was reversed by a court or other
reviewing entity. For each case, include a citation for your reversed opinion
and the reviewing entity’s or court’s opinion and attach a copy of each
opinion.

None.

c. List any case in which you wrote a significant opinion on federal or state
constitutional issues. For each case, include a citation for your opinion and
any reviewing entity’s or court’s opinion and attach a copy of each opinion.

None.

10. If you have been subject to the reporting requirements of Court Rule 22.10:

a. State the number of times you have failed to file timely rule 22.10 reports.

b. State the number of matters, along with an explanation of the delay, that you
have taken under advisement for longer than:

i. 120 days.

None.

ii. 180 days.

None.

iii. 240 days.

None.

iv. One year.

None.

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 11. Describe at least three of the most significant legal matters in which you have
participated as an attorney or presided over as a judge or other impartial decision
maker. If they were litigated matters, give the citation if available. For each matter
please state the following:
a. Title of the case and venue,
b. A brief summary of the substance of each matter,
c. A succinct statement of what you believe to be the significance of it,
d. The name of the party you represented, if applicable,
e. The nature of your participation in the case,
f. Dates of your involvement,
g. The outcome of the case,
h. Name(s) and address(es) [city, state] of co-counsel (if any),
i. Name(s) of counsel for opposing parties in the case, and
j. Name of the judge before whom you tried the case, if applicable.

Significant legal matter #1:

a. In Re: A.S., T.S., S.S., and J.S. JVJV001810-3 and JVJV001887-90, Cedar Co., IA
b. The case was a child in need of assistance case arising out of extreme mental abuse.
The children had extensive mental health diagnosis including Stockholm Syndrome. The
event that triggered the removal of the children was that the father had plunged the
toilet with his daughter’s face in the toilet and her face became covered in feces. This
was the punishment for failing to perform a daily chore. There were four children in the
family.
c. This case was significant to me as it has driven me to be a better judge. In this case, the
lack of efficiency of the judicial branch caused substantial delay in the children reaching
permanency. The case was opened for three years. Months passed before rulings were
issued and seeing the emotional effects that this had on the children inspired me to
always be efficient as possible. Although it is important to get a decision right,
sometime the delay in receiving your decision can have a negative impact on the parties
and their perception of the judicial branch. The delay in issuing orders can create
financial and emotional hardships. This does not apply to just juvenile cases. Delays in
custody or modification orders can impact children and their relationships with their
parents. I want to bring efficiency to the bench and this case will always serve as my
desire to be efficient and timely. When the children were finally adopted, the joy on
their faces was worth the years of work that I put into the case.
d. The children’s names are confidential. I was appointed as Guardian Ad Litem and
Attorney and later my role was bifurcated, and I served solely as the attorney for three
children and Guardian Ad Litem for one child.
e. My role was very involved. I did home visits and school visits with the children. I
attended family team meetings with the parents and service providers.
f. 2016-current
g. The parental rights were terminated and the children either have been adopted or they
are in the process of being adopted.
h. No co-council

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 i. Mark Neary (Muscatine), Adam Blank (Tipton), Lisa Jones (Lowden), and Don Schroeder
(West Liberty)
j. Several Juvenile and District Court judges

Significant legal matter #2:

a. State of Iowa v. Nathan Daniel Olsen, FECR022509, Cedar Co., IA

b. The Wisconsin Court told the Defendant he could possess a firearm, but under Iowa Law, he was
disqualified from doing so within this state. He had notice of this disqualification when he was
denied a firearm purchase and then used a strawman to purchase the gun anyway. The
Defendant had committed a sexual abuse offense with injury against a minor in Wisconsin and
while this case was pending, he picked up additional violent crime charges. This is a person who
should clearly not have a gun.
c. I handled this matter from the search warrant stage through the motion to dismiss. The matter
went to the Supreme Court which affirmed the denial of the motion to dismiss which adopted
my argument. This case was significant because the matter involved significant argument of the
Wisconsin records and statutes which are interpreted subject to the Iowa Code and case law. It
was a matter of first impression. It was believed by Wisconsin prosecutors that the Defendant
had been more favorably treated due to his family’s financial resources on the underlying
felony. I strongly felt he should not be treated any differently than anyone else charged with
this felony. The case was significant for me as I was able to make a complicated legal argument
and prevail in order to hold the Defendant accountable for his violation of the law. It was the
record and argument that I made that the Supreme Court affirmed.
d. I represented the State of Iowa.
e. I drafted the brief(s) for the case and argued the matter before the district court.
f. 2012-2013
g. Guilty
h. Sole counsel, but the Attorney General’s Office handled the appeal.
i. Alfred Willett
j. Honorable Paul Macek

Significant legal matter #3:

a. Hein v. Hein, CDCD003171, Cedar Co., IA

b. This was a divorce case that involved issues of spousal support, property division, and debt
division. I represented the wife. It was for a marriage of over 20 years. The husband had been
the primary bread winner and the wife’s income was significantly less. The husband was
approaching retirement. Temporary spousal support was set at $3,000.00 per month plus half
of the house payment. Permanent support was set at $1,000.00 after the defendant was laid off
from the family business. The husband had a significant retirement and the wife had cashed
hers out during the marriage to pay joint debt. The judge ordered that a QDRO be drafted by
the parties and that my request to grant the wife a preretirement death benefit was denied.
The Court reasoned that her portion will be divided immediately, and this was not necessary.
The husband drank himself to death following the trial and before the QDRO was entered.

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 c. This case is significant to me for a couple of reasons. First, it taught me to never grow
complacent in your understanding of the law. At the temporary hearing, the more experienced
attorney for the husband was confident that the court would not order any spousal support and
argued that no support should be awarded. Opposing counsel my arguments as he was
confident in the result. We held a contested hearing and I cited a recent Supreme Court case
that had very similar circumstances. That case was the basis of the Court’s large award in
spousal support. The other attorney was unfamiliar with the case and therefore was unable to
effectively differentiate the pending case with our case. This case showed me the importance to
continue to learn and follow changes in the law as it can impact the outcome of a case. I never
want to find myself arguing law that is not current and the only way to guarantee that is to stay
diligent in continued learning. I want to always be a student of the law.

The second lesson in this case was to consider collateral consequences on my cases. In this
matter, the Court could not predict that the husband would end his life immediately after the
decree was entered. Knowing a little about all areas of law can help prevent unintended
consequences. In this case, the wife was granted half of the retirement and $1,000.00 for life in
spousal support, yet this all disappeared at the moment of his death. Thankfully, the heirs
agreed to amend the order after the death which allowed her to at least recover half of the
retirement. Although it was a family law case on the docket that day, having a background in
probate and applying that knowledge could have changed the outcome of this unintended
situation.
d. I represented Jeannette Hein.
e. I tried the case to the bench from petition to post decree.
f. 2015-2016
g. Spousal support for life and equal division of the assets
h. Sole attorney for Petitioner
i. John Wagner
j. Honorable Judge Greve, Honorable Judge Werling, and Honorable Judge Lawson

12. Describe how your non-litigation legal experience, if any, would enhance your
ability to serve as a judge.

My non-ligation legal experience has provided me with a robust understanding of several

areas of the law and I can see issues on how the different areas can intersect. For
example, when reviewing an abstract for a real estate transaction, I have seen divorce
decrees that inadvertently created title problems. Had the judge understood real estate,
that mistake would not have been made. It is for this reason that I believe general
practitioners make the best judges.

13. If you have ever held public office or have you ever been a candidate for public
office, describe the public office held or sought, the location of the public office, and
the dates of service.

None.

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14. If you are currently an officer, director, partner, sole proprietor, or otherwise
engaged in the management of any business enterprise or nonprofit organization
other than a law practice, provide the following information about your position(s)
and title(s):
a. Name of business / organization.
b. Your title.
c. Your duties.
d. Dates of involvement.

Volunteer Services of Director Make financial and policy 2010-current

Cedar County decisions
Cedar County Director Make financial and policy 2014-current
Coordinated Child decisions
Care, Inc
Tipton Chamber of President Promote development, plan 2016-current
Commerce retail events, and beautify
downtown
Tipton Economic Vice President Make financial and policy 2016-current
Development decision concerning
Commission development
Hardacre Theater President Plan to restore historical theater 2018-current
Preservation
Association

15. List all bar associations and legal- or judicial-related committees or groups of which
you are or have been a member and give the titles and dates of any offices that you
held in those groups.

Cedar County Bar Association Pres. (2012-2017), Sec. (2017-current) 2011-current

Clinton County Bar Association 2009-2011
Iowa State Bar Association 2009-current
Iowa Organization of Women Attorneys 2018-current
Iowa Magistrates Association Director (2015-current) 2014-current
Judicial Officer’s Academy Advisory Group 2019-current
Committee to review Judicial Workload Study 2017
7th Judicial District Mediation Study Committee 2017-2018
Cedar County Security Committee 2014-current
Cedar County Juvenile Task Force Co-Founder 2012-2014
7th Judicial District Nominating Commission Commissioner 2012-2018

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16. List all other professional, business, fraternal, scholarly, civic, charitable, or other
organizations, other than those listed above, to which you have participated, since
graduation from law school. Provide dates of membership or participation and
indicate any office you held. “Participation” means consistent or repeated
involvement in a given organization, membership, or regular attendance at events
or meetings.

2010-current Volunteer Services of Cedar County Board of Directors

2014-current Cedar County Coordinated Child Care, Inc. Board of Directors
2014-current Tipton Lions Club
2012-current Women of St. Mary’s
2015-2017 Rotary Club
2014-Current Chamber of Commerce President, Vice President
2016-Current Tipton Economic Development Co. Vice President, Secretary
2016-Current Tipton Development Commission Commissioner
2010-2019 Tri-Sigmas (Federated Women’s Group) President
2018-current Hardacre Theater Preservation Association President

17. If you have held judicial office, list at least three opinions that best reflect your
approach to writing and deciding cases. For each case, include a brief explanation as
to why you selected the opinion and a citation for your opinion and any reviewing
entity’s or court’s opinion. If either opinion is not publicly available (i.e., available
on Westlaw or a public website other than the court’s electronic filing system),
please attach a copy of the opinion.

State v. Hanipale, STA0035220 (Magistrate Court, 7th Judicial District of Iowa, 2017).
This opinion illustrates the process that I use to determine if a statute is unconstitutionally
vague under the United States Constitution and the Iowa Constitution. It displays the
process of how I go through the steps of determining how to interpret a statute by looking
for the ordinary meaning with a duty to hold a statute valid if a reasonable meaning can
be ascertained and review of legislative intent.

Lewis v. Griffith, SCSC013822 (Magistrate Court, 7th Judicial District of Iowa, 2018).
This opinion reflects a case where my desired outcome was not supported by the law. My
decision follows the statute and I did not try to interpret the law in an unconventional way
to achieve the outcome I desired.

Durant v. Hintz, DUCICI000091, (Magistrate Court, 7th Judicial District of Iowa, 2014).
This case shows my statutory interpretation process. Although the legislative intent may
have been to restrict all dog breeds of one category, the plain language of the statute only
prohibited one particular breed, so my inquiry stopped there.

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18. If you have not held judicial office or served in a quasi-judicial position, provide at
least three writing samples (brief, article, book, etc.) that reflect your work.

OTHER INFORMATION

19. List the titles, publishers, and dates of books, articles, blog posts, letters to the
editor, editorial pieces, or other published material you have written or edited.
None.

20. List all speeches, talks, or other public presentations that you have delivered for at
least the last ten years, including the title of the presentation or a brief summary of
the subject matter of the presentation, the group to whom the presentation was
delivered, and the date of the presentation.

Ethics Panel (CLE) RE: Judges and Judicial Branch, 06/2019

political activity Magistrate
Conference
Taking Control of Work (CLE) at the RE: work life balance Judicial Branch, 06/2018
magistrate conference as a judge and Magistrate
attorney with family Conference
Ex Parte Communications: Staying RE: Judge using Judicial Branch, 06/2018
Ethical and Getting the Work Done (CLE) ghostwriters Magistrate
Conference
Understanding the Levels of Scrutiny in RE: new laws that Tipton High School 05/1019
Constitutional Issues conflict with Street Law Class
precedent
Internet Safety Legal consequences Scattergood School 2013
and safety
concerning internet
predators
Bullying and the Law Legal consequences Tipton Middle School 2013
of bullying actions

21. List all the social media applications (e.g., Facebook, Twitter, Snapchat, Instagram,
LinkedIn) that you have used in the past five years and your account name or other
identifying information (excluding passwords) for each account.

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 Facebook facebook.com/tamra.roberts.777
Pinterest Roberts5217
Instagram tamrajroberts

22. List any honors, prizes, awards or other forms of recognition which you have
received (including any indication of academic distinction in college or law school)
other than those mentioned in answers to the foregoing questions.

William Mitchell College of Law Dean’s List Dean of College 5/09

Central College, Pi Sigma Alpha Political Science Award Political Science Dept. 5/03
Co-recipient of Prosecutor of the Year Iowa DNR 2013
American Citizenship Award Iowa State Bar Assn 5/00

23. Provide the names and telephone numbers of at least five people who would be able
to comment on your qualifications to serve in judicial office. Briefly state the nature
of your relationship with each person.

Honorable Thomas Reidel I have appeared in court often before him and we
served on the mediation committee together
Honorable Mary Howes I have appeared in court often before her and we
served on the mediation committee together
Honorable Patrick McElyea Classmate from Central College and I have
appeared before him
Pam Wilkerson Retired courthouse staff
Mark Neary Attorney appearing in several juvenile cases I was
appointed to and is a fellow magistrate
Shawn Lucas Juvenile Court Officer; Worked closely in
developing rehabilitation strategies for juvenile
delinquents
Jeff Kaufmann Known through volunteering and he served on
the board of supervisors while I provided advice
to the County

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 24. Explain why you are seeking this judicial position.

Public service is satisfying. I know that in this job, I can maximize my potential in helping
Iowans. I have been a magistrate judge for over 5 years and am ready and driven to take on
this judgeship.

I have known from a very young age that this is the job for me. At fourteen, I had the
opportunity to see a district court judge in action. I knew from that moment, being a district
court judge was what I wanted to be. This is a job where you can help hundreds or thousands,
one person and one case at a time. That judge had control of the courtroom. From the
decision she delivered, she carefully articulated the material facts, she explained her credibility
determinations, and she was able to explain how she applied the facts to the law in a way that
her audience could understand. She was completely focused on helping those in the case
before her. This is what I aspire to do.

Since that time, I have been driven to prepare myself to be a good judge. There were hurdles
along the way, such as being the first in my family to attend college. My father was a farmer
and later a mechanic. My mother had an office job. In a family of six, my family could not
contribute to my education. I was diligent as a student to get as many scholarships as possible.
I had to work multiple jobs sometimes three at a time to get through school. I graduated in a
bad market but forged ahead and was able to land some opportunities to help me build my
skills. Although it was exhausting to work multiple jobs while being a fulltime law student,
upon graduation it paid off as I had a job offer before getting my bar exam results. I have
always worked hard to achieve my goals and am ready to use the skills and knowledge I have
built in preparation to do this job. My background is a result of knowing what I wanted to do
and never giving up with each obstacle I faced. I was always driven by my “why”.

We are entering an era where citizens have come to question the validity and fairness of the
court system. This needs to be turned around and I want to be part of that process.
Transparency of the court is important. My personality fits transparency as I am straight-
forward, I explain my decisions in plain language, and I think fast on my feet which allows me to
rule from the bench oftentimes. I always give the parties the focus and respect they deserve
so they will walk away from the process with confidence in the judiciary because that is how I
would want to be treated. The judicial branch needs judges that are there for the right reasons,
self-less reasons, to improve the public perception of the branch, and my reasons are aligned
with this goal.

Juvenile Court has been a passion for me. This is not something a district court judge handles
regularly. Knowing this, I have contemplated why I am willing to give this up for the bench. I
find the role as guardian ad litem (attorney for the child), which is my favorite role, to be similar
to what a judge does in family law cases. My job in juvenile court is to advocate for what is in
the “best interest” of the children. This standard is also applied in custody cases which make

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up a substantial part of the district court caseload. As a judge, I would be a neutral and would
be able to determine what is the best interest of the children much more often than the dozen
or so cases I am assigned in juvenile court each year. I can do more in district court to help
children and families which is very important to me.

It is for the right reasons that I want to serve on the district bench. I am not doing this for the
power or prestige. These are things that do not interest me. My interest is in public service.
The people that enter a courtroom are typically in a difficult time in their lives. The issues that
they bring to the Court are the biggest issues they may be facing in their lives at that time. I
want to help them and their communities to find justice and to have faith in our legal system. I
carry these reasons with me when I am sitting on the bench. I am driven by the satisfaction I
have in serving the public no matter the size of their problem. This is my “why”.

25. Explain how your appointment would enhance the court.

I am qualified for this job and I have a lot to offer as a member of the bench. This is for two
reasons, which is my background and personality. I am ready and capable to serve on the
court to help relieve some of the current caseload pressure and to bring a different perspective
to the bench.

As for my background I have served in the courtroom in every capacity an attorney can serve. I
have served as Plaintiff’s Attorney, Respondent’s Attorney, Prosecutor, Defense Attorney, and
Guardian ad Litem (attorney for children and those without capacity). Serving in all of these
rolls gives me the advantage of viewing cases through different lenses. It has helped me to
open-minded and to walk into cases without preconceptions or bias. As a prosecutor I always
focused on the weakness of my case which were the strengths of the defendant’s case. As a
defense attorney, I am able to see the weaknesses of my client’s case and the strengths of the
State’s case. This has made me a better attorney. Besides these attorney roles, I have served
as a neutral, on the bench, and have listened to the facts, determined credibility and applied
them to the law. I have been a magistrate judge for over 5 years.

My personality would also enhance the court. I have observed the good qualities that make
great judges great and have aspired to those character traits. Those who practice in front of
me, would say that I have a good temperament. I am level-headed in the courtroom and have
become effective at deescalating situations. I try to ease tensions when appropriate while
remaining professional. Magistrate Court is the perfect training ground. As a magistrate, my
docket consists of a lot of people representing themselves. It is important to control the
courtroom as judge, so I try to earn the respect of the attorneys or parties appearing before me
to keep order in my courtroom with dignity. Control also requires the ability to think fast on
your feet and the ability to deliver a message clearly to that audience before you. This is a skill
that I have always had in my powerhouse. There have been rare occasions that I have held
parties in contempt of court due to excessive outbursts, but generally prevention can go a long

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way. Through volunteering in my community and being guardian ad litem (attorney for
children in DHS cases), I have learned to empathize with those in all different walks of life. I
have served people with addictions and mental health issues. I recognize a little effort toward
rehabilitation can prevent people from reoffending. Defense attorneys always commented on
how reasonable I was during my tenure as a prosecutor. This does not mean that I was a
pushover, but rather I always tried to craft the best resolution for rehabilitation, getting justice
for victims and protecting my community. I never played hardball in order to build my resume.

Lastly, I am good at handling cases in volume. My first job out of law school had an assigned
caseload of over 6,000. I have handles more than 500 bench trials as sole counsel in a three-
year period and approximately 300 as a judge in a 5-year period. I have done jury trials as both
an attorney and as a judge and have done them well. I am confident in conducting bench trials
and jury trials. On the electronic filing system (EDMS), my “queue” as judge is kept clean which
means I am always on top of my workload. The ability to multi-task and handle a busy docket
will be essential in our district to help relieve the caseload pressure that some of our judges are
experiencing. I never shy away from work or learning new things. I am ready to help minimize
the impact between the loss of an experienced judge and the entry of a new one.

26. Provide any additional information that you believe the Governor should know in
considering your application.

Besides my legal experience, I have held various hardworking jobs. Among other things, I have
worked in food service, a plastic factory, and a photo lab. Sometimes I worked multiple jobs at a
time. This work has prepared me with life skills that you cannot learn from a book. I am an
ordinary Iowan that has the amazing opportunity to fulfill my dreams of serving the State of
Iowa. It is through the service of others, that I forget my own problems. I do not shy away from
work but strive to complete it to the best of my ability because in this line of work, your
decisions impact your community. If given the opportunity, I will proudly serve my state.

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 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT!

****In response to question #17.****

IN THE IOWA DISTRICT COURT IN AND FOR CEDAR COUNTY

STATE OF IOWA ) NO. STA0035220

)
V. ) FINDINGS OF FACT, CONCLUSIONS OF LAW,
) FINDING OF GUILT, AND IMPOSITION OF
UPERESA R. HANIPALE, ) SENTENCE
DEFENDANT. )

This matter came before the Court for trial on April 12, 2017. The Defendant was personally

present with his attorney Eric Tindal. The State was represented by Assistant County Attorney Adam

Blank.

FINDING OF FACT

The Court makes the following finding of fact:

The State called one witness Jeff Dietrich. He is a motor vehicle enforcement officer with the

Iowa Department of Transportation. He had a significant background in the area of law enforcement

and as serves as a supervisor of the SE Iowa crew. Officer Deitrich testified that on February 22, 2017 at

9:15 am that he was working a project in Cedar County, Iowa. The project was specifically targeting

Iowa Code Section 321.308. The project was conducted in Cedar County, Iowa, as Cedar County was a

target due to higher commercial motor vehicle accidents than other counties. It is considered part of

the “Crash Corridor”. Cedar County has frequently been on the list as a “Crash Corridor” county. The

witness observed the defendant driving a commercial motor vehicle on that date and time. The

Defendant was on Interstate 80 which is a four lane interstate. He was approximately one semi-tractor

trailer length behind another commercial motor vehicle and both semi-tractor trailers were in the left

lane and were at one point passing another commercial motor vehicle that was in the right lane. The

approximate distance was 75 feet or 25 yards between the defendant’s commercial motor vehicle and

the commercial motor vehicle in front of him in the same lane. He testified that based on his visual
 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

observations, it was much less the 300 feet which would be about a football field in length. The pass

was safe, there was no accident. He was traveling at 70 mph or less based on visual observations and he

described the distance between the two vehicles as remaining consistent and neither was gaining or

pulling away from the other for the distance of several miles

The Defendant testified. He is employed as a commercial motor vehicle driver and has an Illinois

CDL. He had taken several courses to be qualified for his job and he was familiar with safety procedures.

He knows the minimum following distance is 300 feet and that if he were to get closer that he would

need to slow down. The weather was nice on the date of the stop. He was traveling his regular route to

Iowa City. He noticed two trucks ahead in the right lane and all of them were about to shift left. There

were DOT workers to the right cutting trees or something similar as he spotted the orange trucks and

cones. He waited for the vehicles to clear ahead and three vehicles ahead slowed down possibly due to

the road workers. He testified that his speed is “governed” at 65, but thought he was traveling slower

than that.

CONCLUSIONS OF LAW

The court has no doubt that the Defendant was traveling at a distance less than 300 feet from

the commercial motor vehicle ahead of him. The testimony from Officer Dietrich was very credible. The

two issues before the Court concern:

1. The Defendants argument that the enforcement of Iowa Code Section 321.308 violates the

vagueness doctrine under the due process clause of the United States Constitution and the

Iowa Constitution as applied under this particular set of facts.

2. Whether the Defendants conduct qualifies as an exception under Iowa Code Section

321.308 as “overtaking and passing”.

 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

Vagueness Issue

As for the constitutional argument concerning vagueness, the Court may resolve this argument

by examining the Iowa Law as the Court cannot find any authority, nor was any authority provided by

the parties arguing the United States Constitution is different than the State Constitution on this issue.

In order for the court to find a statute void for vagueness under the Due Process Clause, it must meet

one of three underpinnings as set out in State v. Nail, 743 N.W.2d 535 (2007).

“First, a statute cannot be so vague that it does not give persons of ordinary
understanding fair notice that certain conduct is prohibited. Second, due process
requires that statutes provide those clothed with authority sufficient guidance to
prevent the exercise of power in an arbitrary or discriminatory fashion. Third, a
statute cannot sweep so broadly as to prohibit substantial amounts of
constitutionally protected activities, such as speech protected under the First
Amendment.” Id at 539.

These underpinnings are determined in the light of a presumption that the statute is

constitutional and the Court is to give “any reasonable construction to uphold it.” See State v. Millsap,

704 N.W.2d 426, 436 (Iowa 2005) (quoting State v. Hunter, 550 N.W.2d 4060, 463 (Iowa 1996)).

“Conversely stated, challengers to a statute must refute “’every reasonable basis’ ” upon which a statute

might be upheld.” Nail at 540 (quoting State v. Seering, 701 N.W.2d 655, 661 (Iowa 2005) and State v.

Hernandez-Lopez, 639 N.W.2d 226, 233 (Iowa 2002)). “Where a state “statute ‘can be made

constitutionally definite by a reasonable construction, …this Court is under a duty to give the statute

that construction.’”” Nail at 540, (quoting State v. Williams, 238 N.W.2d 302, 306 (Iowa 1976 (quoting

United States v. Harriss, 347 U.S. 612, 618 (U.S. 1954)).

 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

The Defendant’s argument only challenges the first two Nail “underpinnings”. The third

underpinning was not challenged and this Court will enter into an analysis on this issue.

To address the first Nail underpinning, the Court cannot find a statute void for vagueness “if the

meaning of the words can be ‘fairly ascertained by reference to similar statutes, other judicial

determinations, reference to the common law, to the dictionary, or if the words themselves have

common and generally accepted meaning.” State v. Heinrich, 845 N.W.2d 450 at 455-456 (Iowa 2013)

(citing State v. Lee, 315 N.W.2d 60, 62 (Iowa 1982). For the Statute at issue in this case, there is minimal

case law by our higher Courts that address this statute on a criminal case. However, there seems to be a

significant amount of other resources to determine the meaning of the statute.

First, there is a similar statute for non-commercial motor vehicles under Iowa Code Section

321.307 “Following Too Closely.” Under this adjacent statute, “[t]he driver of a motor vehicle shall not

follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of

such vehicles and the traffic upon and the condition of the highway.” I.C.A. § 321.307. This similar

statute gives meaning to the statute at issue. The legislature clearly wanted vehicles to travel at a safe

distance behind the vehicle in front of it by its use of the words “reasonable and prudent”. Iowa Code

Section 321.308 creates a stricter provision for those driving a commercial motor vehicle by limiting the

minimum distance to 300 feet. It is well accepted law that those operating a commercial motor vehicle

are subject to stricter standards than normal passenger vehicles and that issue was not challenged in

this case. The plain language of the statue that requires 300 feet minimum distance is clear. The

legislature decided that 300 feet between commercial motor vehicles was the minimum for safety

reasons. Even the Defendant testified that he knew that was the minimum distance for following

another commercial motor vehicle. The issue before the Court is whether the last sentence of the

statue is vague. Does no minimum distance apply when passing any motor vehicle? When read in
 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

conjunction with 321.307, it is nonsensical to believe that the legislature would allow a commercial

motor vehicle to travel at a dangerous interval (not reasonable or prudent) to the commercial motor

vehicle ahead of it as long as it is passing a third vehicle when a less restricted passenger car would be

prohibited from doing the same. Further, the Defendants argument that this case being on the

interstate makes the statute vague to the point it does not have any reasonable construction is not

sound. It would create an absurd result to draft a rule for all vehicles, then draft a stricter rule for

commercial motor vehicles, but it would not apply on the interstate because everyone is always passing

or being passed. It is absurd as the interstate is the most common place for a commercial motor vehicle

and it is the place with the highest speeds. The higher speeds require more slow-down time thus there

is a higher demand for larger vehicles needing more space to slow down or stop. It would be absurd to

believe they can follow closer on the interstate than a two lane road.

Second, the words in the statute are easily ascertained. The definition of “pass” is “to move

past; go by” and the definition of overtaking and “overtake” is “to pass another vehicle”. "passing".

Dictionary.com Unabridged. Random House, Inc. 12 Jun. 2017. <Dictionary.com

http://www.dictionary.com/browse/passing>; "overtake". Dictionary.com Unabridged. Random House,

Inc. 12 Jun. 2017. <Dictionary.com http://www.dictionary.com/browse/overtake>. In this case the

violation was not for passing or overtaking the vehicle in the right lane, but rather for following too

closely the commercial motor vehicle moving in the same lane and in the same direction that was not

being passed. The definitions of the words in the statute are commonly used by lay persons. It is

common perception to believe that following a car is not “passing”, but going around a vehicle is

“passing”.

Although there are not many, if any, criminal cases on the statute, there are certainly several

civil cases, usually arising out of personal injury incidents. For example in Thompson Wholesale Co. v.
 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

Frink, 257 Iowa 193 (Iowa 1964) the court held that a one ton pickup truck met the definition of motor

truck for the purpose of Iowa Code Section 321.308 and therefore required the 300 foot distance for

purposes of finding negligence. The Court noted back in 1964 that the legislature could change the

statute, but the statute has remained nearly the same since 1931 and exactly the same since 1958.

It should be noted that this statue was part of a uniform statue and the Wisconsin legislature

has very similar language concerning the passing and overtaking under its tailgating statute. The

Wisconsin Court has found that following the vehicle in front of you too closely is “following” not

“passing” and that “passing” involves going around another vehicle. See Zenner v. Fischer 59 N.W.2d

435 (Wis. 1953).

The statute can be given a reasonable construction. The language of the statute means that a

motor truck must follow another motor truck with no less than 300 feet between the two. The passing

or overtaking provision means that you can be closer than 300 feet to another vehicle as you are in

another lane passing them by. This construction would apply to both a two lane road and a four lane

interstate.

To address the second Nail underpinning, this statute provides sufficient guidance to law

enforcement and does not pose the danger of the exercise of power in an arbitrary or a discriminatory

fashion. In this case, the statute, although not prevalently utilized, was followed by the law

enforcement without posing any sort of dilemma on enforcement or imposing a fine and it was not

applied in an arbitrary or discriminatory manner. First, the imposition of the statute was clear for the

officer. He watched the Defendant follow another vehicle for a few miles and the space between the

vehicles was easy to determine in this case as the statute provides an objective measurement of 300

feet. The officer observed that he was one semi length (less than 75 feet) away from the vehicle ahead

of him, which is significantly below the required distance. Several traffic laws require a trained visual
 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

observation for enforcement and this statute is no different. Further the officer’s ability to compare the

distance against other standard semi lengths made the measurement more objective as there was a

semi in the adjacent lane to easily compare. Second, the statute was not arbitrarily enforced or done so

in a discriminatory fashion. The officer testified that the enforcement was part of a project and Cedar

County was specifically chosen as it is in the “Crash Corridor”. There are more commercial motor

vehicle traffic accidents in this County and therefore the State has a compelling reason for implementing

the project. Further the State has an interest in safety on its roadways. Requiring a sufficient slow

down space and a space for passenger vehicles to move around the large truck are both compelling

reasons. They are both legitimate safety reasons. The Defendant made no argument that the

Defendant was part of a protected class or that discrimination occurred in this case.

The Court concludes that Iowa Code Section 321.308 is not void for vagueness under the due

process clause of the United States Constitution or the Iowa Constitution.

Overtaking and Passing Exception

This issue is a matter of fact. In this case, the Defendant was unlawfully following the

commercial vehicle ahead of him too closely, not the vehicle in the right lane that he was going around.

Had he been charged with being too close to the vehicle that he was side by side with, then the

exception would apply. The Court concludes that the Defendant was not “overtaking or passing”

pursuant to the exception in the Iowa Code Section 321.308.

THE COURT HEREBY FINDS the Defendant guilty of Iowa Code Section 321.308 beyond a

reasonable doubt.
 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

THE COURT HEREBY IMPOSES the scheduled fine of $100.00, the criminal surcharge, and court

costs. The Defendant is permitted 30 days to pay the sums in full.

 E-FILED 2017 JUN 12 12:23 PM CEDAR - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

STA0035220 STATE OF IOWA vs HANIPALE, UPERESA R

So Ordered

Electronically signed on 2017-06-12 12:23:42 page 9 of 9

 E-FILED 2017 APR 18 5:02 PM CEDAR - CLERK OF DISTRICT COURT!

****In response to question #17.****

IN THE IOWA DISTRICT COURT FOR CEDAR COUNTY

STANLEY LEWIS ,
Case No: 07161 SCSC013822
Plaintiff(s),

vs. ORDER FOR JUDGMENT

AMANDA GRIFFITH

Defendant(s).

This matter came before the Court for trial on March 15, 2017. The Plaintiff appeared pro se. The
Defendant appeared with her attorney Lorraine A. Gaynor. This matter comes before the Court upon
the filing of an Original Notice and Petition for Money Judgment by Plaintiff, an Answer denying the
Petition by Defendant, and a Counterclaim Against Plaintiff.

The issues before the Court are

1. Whether the Defendant is in default of rent;

2. Whether Plaintiff abused access in violation of Iowa Code Section 562A.19;
3. Whether the Plaintiff failed to comply with his duty to maintain a fit premises;
4. Whether the Plaintiff is liable for Violations of the Unfair Debt Collection Laws.

FINDINGS OF FACT

The Plaintiff and Defendant each testified. The Plaintiff testified that it was an oral lease for a single
family home. The terms included rent of $500.00 per month due on the 7th of each month. The
Defendant’s payments are as follows:

September 2015 - $0
October 2015 - $0
November 2015 - $0
December 2015 - $0
January 2016 - $0
February 2016 - $1500.00
March 2016 - $0
April 2016 - $1000.00
May 2016 - $0
June 2016 - $0
July 2016 - $400.00
August 2016 - $0
September 2016 - $0
October 2016 - $0
November 2016 - $0
December 2016 - $0
January 2017 - $0
February 2017 - $0
March 2017 - $0 (month of FED – parties agree no rent due)
 E-FILED 2017 APR 18 5:02 PM CEDAR - CLERK OF DISTRICT COURT

These payments were denied by the Defendant, but the Court finds the payment record credible.

The Defendant testified that the Plaintiff entered her rental home without a 24 hour notice on four
occasions during the tenancy. Once incident occurred around 1 year prior to the hearing. She was lying
in bed and heard the landlord’s voice in the living room. When she questioned his entry, he told her
“This is my house; I can be here if I want to.” He was not let in, no notice was provided, and no
emergency existed. The second incident was approximately one and a half years prior to the hearing,
and she was home alone, taking a bath when she heard a rustling in the middle of the house. She
grabbed her robe and confronted the landlord who was in her rental house. His response was the
same, “This is my house, I can be here if I want to.” There was no emergency, no notice was provided,
and he was not let in. A third incident occurred two years prior to the hearing. The Defendant was at
work and her minor children were home alone. Her son called her and said someone was in the house.
The children were frightened. Again, it was the Plaintiff. The Defendant called the Plaintiff and asked
him to leave. There was no notice, he was not let in, and there was not an emergency. The fourth
incident occurred 1 year and 9 or 10 months prior to the hearing. Defendant was at work and her
daughter was getting ready for bed around 10 pm. She was in the bath when she heard a person in the
house. She called the Defendant, and the Defendant called the Plaintiff and told him to leave. No
notice was provided, no emergency existed, and the 15 year old daughter did not let him in.

Defendant also testified as to the condition of the property. She believes the rental value should be
adjusted for the poor conditions. She described a lot of problems with mold, the lack of smoke alarms,
raw sewage backups into the home. The mold issue was minor and the Court does not find the
Defendant’s valuations for items she had to dispose of due to mold credible. The sewage did back up on
four occasions into the basement. The problem resulted in the water heater not working for days on
four different occasions. The water heater was out for 8 days 3 years ago, 7 days 2 years ago, 4 days 1.5
years ago and the most recent was 2 days. She reported the issue to the landlord the first three times.
The fourth time she called to have it fixed by a plumber and never reported it to the landlord. She
testified that being without water was horrible since she was living with her children. Each time, except
the last, the landlord called a plumbing company to fix the issue.

Defendant further claimed that the Plaintiff used abusive and profane language toward her and about
her.

CONCLUSIONS OF LAW

Issue: Whether the Defendant is in default of rent.

The oral lease in the case is subject to Iowa Code Chapter 562A. Iowa Code Chapter 562A is to be
liberally construed and applied to promote its underlying purpose. Iowa Code § 562A.2(1). All principals
of law and equity apply unless displaced by specific provisions of Chapter 562A. Iowa Code § 562A.3. In
this case, the total amount of past due rent is $6,100.00. Both parties agreed to reduce their claims to
$5,000.00 to comply with the jurisdictional limit of this court. The total past due rent is therefore
$5,000.00 and the Defendant failed to pay these sums.
 E-FILED 2017 APR 18 5:02 PM CEDAR - CLERK OF DISTRICT COURT

Issue: Whether Plaintiff abused access in violation of Iowa Code Section 562A.19.

Under Iowa Code § 562A.19, the landlord is required to give a 24 notice of entry except in an emergency
or is impracticable to do so. Iowa Code § 562A.19. If the landlord enters without notice or on an
emergency basis, the tenant “may recover actual damages not less than an amount equal to one
months’ rent and reasonable attorney fees.” Id. In this case the entry violations were egregious. Not
only did the entries have no purpose, but the occurred when the tenants were the most vulnerable. It
occurred when they were undressed and when the children were home alone. This certainly would alter
one’s sense of security. The appropriate amount for each violation in this case is $1,000.00 for a total of
$4,000.00.

Issue: Whether the Plaintiff failed to comply with his duty to maintain a fit premises.

The landlord is required to “make all repairs and do whatever is necessary to put and keep the premises
in a fit and habitable condition.” Iowa Code § 562A.15(1)(b). The landlord is required to “supply running
water and reasonable amounts of hot water at all times…” Iowa Code § 562A.15(1)(f). Without such,
the tenant may recover damages. See Roeder v. Nolan, 321 N.W.2d 1 (Iowa 1982). There were issues
with the backup of sewage that cause the hot water heater to stop. The outages of hot water were
substantial. The Court finds the reasonable amount the rent should be reduced is $50.00 per day for 21
days totaling $1,050.00. However, since the parties agreed to reduce their claims to the jurisdictional
limit of the Court, $1,000.00 is the appropriate amount of reduced rent.

Issue: Whether the Plaintiff is liable for Violations of the Unfair Debt Collection Laws.

Defendant relies on the Iowa Consumer Credit Code to argue that Lewis is a debt collector and thus
restricted from attempting to collect the debt in a certain manner. She further argues that if she does
owe Lewis money it is a debt as defined in Article 7 of the Iowa Consumer Credit Code and thus Lewis is
prohibited from attempting to collect the debt in a certain manner. Article 7 defines the term “debt” as
follows:
“’Debt’ means an actual or alleged obligation arising out of a consumer credit
transaction, consumer rental purchase agreement, or a transaction which would have
been a consumer credit transaction either if a finance charge was made, if the obligation
was not payable in installments, if a lease was for a term of four months or less, or if a
lease was of an interest in land.” I.C.A. § 537.7102(3).

Defendant argues that Lewis engaged in a “consumer credit transaction” by making a consumer credit
sale, a consumer loan, a consumer lease or a consumer rental purchase agreement under I.C.A. §
537.1301(12). The Code defines “consumer credit sale” as:

Except as provided in paragraph “b”, a consumer credit sale is a sale of goods, services,
or an interest in land in which ALL of the following are applicable:
(1) Credit is granted either pursuant to a seller credit card or by a seller who
regularly engages as a seller in credit transactions of the same kind.
(2) The buyer is a person other than an organization.
(3) The goods, services or interest in land are purchased primarily for a personal,
family or household purpose.
 E-FILED 2017 APR 18 5:02 PM CEDAR - CLERK OF DISTRICT COURT

(4) Either the debt is payable in installments or a finance charge is made.

(5) With respect to a sale of goods or services, the amount financed does not
exceed the threshold amount. I.C.A. § 537.1301(13).

This transaction does not qualify as a “consumer credit sale” because it does not meet the first element,
“credit is granted … by a seller who regularly engages as a seller in credit transactions of the same
kind.” I.C.A. § 537.1301(13)(a)(1). The Defendant argues that because Lewis gave her an extension every
month he regularly engaged in credit transactions. However, Plaintiff extended a line of credit to one
person and while her failure to pay her rent may have increased the debt it does not create multiple
lines of credit. In short, it was a single line of credit, if at all, given to one person and should not be
considered multiple transactions. Furthermore, no evidence was presented to suggest Plaintiff has
extended credit to anyone else in the same or similar manner as he did for the Defendant. In short, the
statue’s purpose is to regulate the practices of individuals or businesses who regularly engage in credit
transaction and not every single person who loans someone money. While the Plaintiff’s actions may
have been reprehensible he did not violate the Iowa Consumer Credit Code.

Iowa Code Section 537.1301(15) defines “consumer loan” in a similar manner by requiring all of
the same elements with the first element requiring, “the person is regularly engaged in the
business of making loans.” In Paglia v. Elliott, the Iowa Supreme Court evaluated this element
and held that a pawnbroker who regularly made personal loans to numerous consumers was
engaged in the business of making loans and thus the loan was a “consumer loan.” 373 N.W.2d
121 (Iowa 1985). In that case, Paglia, a pawnbroker, loaned money to a homeowner in exchange
for a security interest in the home. Paglia argued that he was not in the business of making loans
because his primary business was being a pawnbroker. However, evidence indicated that he had
made four similar loans to other homeowners. The Court noted that, “taken altogether, we find
that Paglia’s (the lender) lending activities add up to the business of making loans.” Thus the
Court looks at business activity as a whole when determining if the seller “regularly engages as a
seller in credit transactions of the same kind,” rather than focusing on a multiple transactions
with a single consumer. Again, the Plaintiff in this case would not meet the definition of
consumer loan given the Paglia case considerations.

The Court denies this counterclaim.

THE COURT THEREFORE ORDERS judgment against the Defendant in favor of the Plaintiff in the
amount of $5,000.00. The Court further ORDERS judgment against the Plaintiff in favor of the
Defendant in the amount of $5,000.00. Absent written objection by the parties within 14 days
of issuance of this ruling, the judgments will be offset leaving $0 due by each party.
 E-FILED 2017 APR 18 5:02 PM CEDAR - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

SCSC013822 STANLEY LEWIS VS AMANDA GRIFFITH

So Ordered

Electronically signed on 2017-04-18 17:02:44 page 5 of 5

****In response to question #17.****