JUDICIAL NOl\lINATING COlVIlVIISSION APPLICATION FOR COLORADO STATE COURT JUDGESHIP

;\/01'E: For the required number of copies to

to {he vacancy which you are

Judge Connelly

(designate vacancy for which application is being made)

1. The information you provide in questions 1 - 34 is public information and will be released upon request if the applicant's name is forwarded to the Governor for consideration of appointment.

A. PERSONAL INFORMATION

1. Full Name: Blain David Myhre

Birth year: 1965

3. Are you a United Stares citizen? yes

4. Attorney Registration Number: 23329

5. Work Address: Isaacson Rosenbaum P.C, lOCH 171h si., Suite 1800, Denver CO 80202

6. Telephone (w): 303-292-5656

7. List your place of residence for the past five years.

! ,

~~--~-~~~--~~~--~~.

B. EDUCATIONAL BACKGROUND

8. List the names and

attended, beginning with high school.

Revised 4!2009

9. List scholarships, awards, honors,

citations you received during college and law school.

College: Dean's List

Law School: Order of the Coif in Class); Dean's List; American Jurisprudence Awards

(Corporations, Agency-Partnership, Federal Courts)

C. PROFESSIONAL BACKGROUND AND EXPERIENCE

10. List all courts in which you have been admitted to practice, with dates of admission. Give the same information fix administrative bodies which require special admission to practice.

.' .: ~

! Colorado ' October 21, 1993

t~~~----------------------·~----------'~--------~----------~'

US District Court, District of Colorado i November 1993

----------------~------------~

~'~L~r.S~·~.C~~_o_urt __ o~f_A~· LppJ~ea~l~s~,l~'~en~t~h_C~.~ir~c~u_it ~i-~~~y-~~~~~~ ~~~ .

U,S. Supreme Court January 2003

,

! Mercer County, New Jersey state court

! oi' - _.

(pro hac vice)

i June 2004 i

11. Indicate your present employment (list professional partners or associates, if any, and include dates).

If you currently practice law, describe the nature of your present law practice, listing the major types of law you practice and the percentage each constitutes of your total practice.

I am a shareholder (2001-present) in the Litigation Department of Isaacson Rosenbaum P.C I was an associate from October 1996 through 2000. There are presently 38 attorneys in the firm, listed below. The firm's litigation shareholders are Britt Clayton, Theresa Corrada, Mark Grueskin, Gary Lozow. Blain Myhre, Stuart Pack, Edward Ramey, Byeongsook Seo. The litigation of counsel and associates are Patricia Kelley (of counsel), Lara Marks (senior associate), Janet Mcfraniel (of counsel), Lyndsey Richard (associate), and Karen Steinhauser (of counsel).

The finn's other shareholders are Lawrence Donovan. Paul Franke, Howard Glicksman, Christine Hayes, Gary Kleiman, Lawrence Kutter, Bonnie Larson de-Paz, Neil Oberfeld, Barry Permut, Matthew Pluss, Stanton Rosenbaum, Kristin Schelwar, William Silberstein, Jonathan Steeler, Jon Tandler, and Steven Wright.

The firm's other associates and of counsel are Mark Boscoe Susan Gindin (of counsel), Stephanie Hunter (associate),

Lisa Matter (associate), McGrath

counsel), Ali Brodie Jensen (associate), Cara Lawrence Gil Selinger

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12. If you have a subspecialty in any major types of law listed in number 11, what is your subspecialty?

My appellate practice emphasizes civil and criminal cases about 80% of my appellate practice is in that court,

the Colorado Court of Appeals, and

13. List other areas of law in which you have practiced,

Administrative, special district probate, landlord/tenant, criminal defense, post-conviction proceedings.

14. Have you practiced in the appellate courts of Colorado within the past five years? If so, please state the number and the types of matters handled,

Yes. I have been involved in a total of 33 cases in either the court of appeals Of supreme court (and in some cases both) in the last five years (over 55 cases in the last 10 years), I have 2 appeals presently pending in the court of appeals, and one awaiting a cert. petition in the supreme court. In the last five years, I have argued 15 cases in the Colorado appellate courts (over 25 in the last 10 years),

The types of appeals I've argued in the Colorado state appellate courts include first and second degree murder convictions (appellant); a felony murder conviction (appellant and petitioner); sexual assault convictions (appellant and petitioner); sentencing appeals in environmental crime cases (appellant); campaign finance appeals (appellee and appellant); an appeal of sanctions against an attorney (appellant); an appeal of the grant of attorney's fees for a frivolous and groundless lawsuit (appellee); a quiet title dispute (appellant); sentencing in a case under the Colorado Organized Crime Control Act (appellant); a dismissal for lack of subject matter jurisdiction in a putative class action (appellee): a real estate case involving the rule against perpetuities (appellant); a malicious prosecution case (appellee): a domestic case involving refund of social security disability benefits (appellant): a juvenile delinquency case (appellant); a wrongful discharge and defamation case (appellee); a forcible entry and detainer action involving an alleged exclusive use lease provision (appellee); an appeal from a computer crime conviction (appellant); a real estate case involving interpretation of restrictive covenants and the attorney's fees provision the Colorado Common Interest Ownership Act (petitioner); a rea! estate easement case (respondent); an appeal from a disciplinary proceeding in the Board of Medical Examiners (appellant); an appeal involving reimbursement of a corporation by corporate directors for legal fees incurred by the corporation (appellant); an easement dispute (appellee).

Other state court appeals I've been involved in include appeals from Title Board settings of ballot titles for citizen initiatives; an appeal under C.R.C.P. 106 from a approval a Planned Unit Development; an attorney's fees appeal application of exceptions to the American rule on attorney's fees; appeals in cases of breach of fiduciary duty involving shareholders of closely-held corporations; an interlocutory appeal an order suppressing statements a homicide case; an appeal in a probate case involving allegations of breach of fiduciary . and numerous election law I

to

and argue In the T enth

an adverse lower court decision.

counsel clients on

15.

Yes.

my

in the

five years has been in the state and federal trial

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3

courts, The types of cases include: a commercial dispute over the sale of a gas station retail center (defendants); a complex probate matter (beneficiary); a class action against the department of corrections (plaintiff class); a brokerage dispute (defendant); a wrongful death action (defendant); persona] injury cases (defendant); negligence and battery (defendant): breach of contract/fraudulent misrepresentation (defense); real estate easement litigation (plaintiff); breach of a real estate sales contract (plaintiff); wrongful eviction and conversion (plaintiff); attorney's fees (defense); breach of construction contracts (plaintiff and defense); wrongful termination, theft of trade secrets, and defamation (defense and plaintiff); homeowner litigation (defense); false arrest (plaintiff); religious discrimination (plaintiff),

also have handled a number of CKC.P, 106 actions in land use, sales and use tax, and election law,

16. List five litigated cases in which you participated as a judge or lawyer in the past five years, the names of the judges presiding, and the names of counsel. Please list current telephone (including area code) for each person identified.

L Case Name/Number: People v. Al-Yousif, No, 04CA320, Colorado Court of Appeals (cert, denied as improvidently granted in Al-Yousif v. People, No. 07SC36)

Presiding Judge: Sandra Rothenberg (authored decision)

Phone: 303-837-3723

List name(s) and telephone number(s) for opposing counsel:

Katharine Gillespie

303-866-5540

List name's) and telephone number(s) for co-counsel:

Gary Lozow 303-292-5656, Jean Dubofsky (supreme court only) 303-447-3510

Briefly describe the case and your involvement:

This case was an appeal of a felony murder conviction, in which 1 represented the defendantappellant. There were several key Issues in the case, including whether the trial court should have given an instruction on the choice-of-evils defense and whether it was reversible error for the jury to have during deliberations a copy of the transcript of defendant's interview with the police, In the court of appeals, I filed and perfected the appeal, drafted the Opening and Reply Briefs, and argued the ease. The court of appeals affirmed in an unpublished decision, I drafted a petition for rehearing and a motion for publication. The court amended the opinion, denied rehearing, and granted the motion to publish. I drafted the petition for certiorari and the Opening and Reply

Briefs, and argued case in the supreme court,

2. Case Name/Number: Delsella v, People, No, 09SC553, Colorado Supreme Court; People v.

DeBella, No, 07CA]961, Court of Appeals

counsel:

303-866-5540

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4

List name/s) and telephone numberrs) for eo-counsel:

Jean Dubofsky (supreme court only) 303-447-35 i 0: Crary Lozow (court of appeals) 303-292- 5656

Briefly describe the case and your involvement:

This case was an appeal of a sexual assault conviction, In which I represented the defendantappellant. The central issue was whether the trial court erred in letting the jury have unfettered access during deliberations to a videotaped forensic interview of the victim. In court of appeals, I drafted the Opening and Reply Briefs, and argued the case. The court of appeals affirmed in a 2-1 decision. Judge Dailey dissented. In the supreme court. I prepared the petition for certiorari, drafted the Opening and Reply Briefs, and argued the case. The supreme court reversed in a 6-0 decision. Justice Bender did not participate.

3. Case Name/Number: People v. Newmiller. No. 06CA1402, Colorado Court of Appeals, cert. denied.

Presiding Judge: Arthur Roy (authored opinion)

Phone: 303-837-3768

List name(s) and telephone number(s) for opposing counsel:

Patricia Van Horn

303-866-5048

List namers) and telephone numberrs) for co-counsel:

None

Briefly describe the case and your involvement:

This was an appeal of a second-degree murder conviction, in which I represented the defendantappellant. The core issue in the case was whether loss of physicial evidence on the alleged murder weapon while the evidence was in police custody violated the defendant's right to a fair trial, I filed and perfected the appeal, drafted Opening and Reply Briefs, and argued the case in the court appeals. The court of appeals affirmed in an unpublished decision. I also drafted

the petition for certiorari to supreme court.

4. Case Name/Number: Burg Simpson Eldredge Hersh & Jardine, P.c. v. City 09CA0625, Colorado Court of Appeals.

Central, No.

Presiding Judge: David Richman (authored

Phone:

18

List namers) and telephone numbens) for AT\nn~'n Richard Podoll

1-4000

List and teiennone

Dean Heizer, Kevin

an

fee award to Central

m

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5

I represented Central City. The main issue was whether the trial court abused its discretion in finding plaintiff's claims to be frivolous or groundless. I was hired after briefing to handle the oral argument. I argued the case to the court of appeals. The court of appeals affirmed rn an unpublished opinion.

5. Case Name/Number: Morales v. Herren, No. 08CA294, Colorado Court

Presiding Judge: Steven Bernard (authored opinion)

Phone: 303-837-3737

List nameis) and telephone numberts) for opposing counsel:

James Beckwith

303-431-9966

List name/s) and telephone number(s) for co-counsel:

Jeffrey Herren (trial counsel and appellant) 970-726-5775; 303-800-3181

Briefly describe the case and your involvement:

This was an appeal from an award of attorney's fees against an attorney in a real estate case. 1 represented the attorney-appellant. The core issue was whether the trial court had improperly denied the attorney standing at the sanctions hearing. The court. of appeals concluded it had and reversed in an unpublished decision.

17. Summarize your experience in adversary proceedings before administrative boards or commissions.

Recently, I have been involved in election law matters before the Office of Administrative Courts, including contested campaign finance matters. In the 2007-08 election cycle, I represented two separate groups of proponents of ballot initiatives. I appeared on their behalf before the Title Board for the initial ballot title setting as well as the rehearings before the Title Board. I also briefed the supreme court appeals from the Title Board brought by the opponents of the ballot measures.

In the past. I represented a physician in a disciplinary proceeding before the Board of Medical Examiners. The matter went to hearing before an administrative law judge. I was involved heavily in the appeal from the i\LJ to the Board and the subsequent appeal from the Board to the Court of Appeals. I represented a chiropractor before the Board of Chiropractic Examiners in a disciplinary investigation. The investigation was brief and the matter was resolved quickly. I have also been involved in an action before the Colorado Water Quality Control Division about alleged of stormwater drainage permit requirements. The matter settled before hearing. Throughout the years, I have been involved in various election law and campaign finance matters in the Office of Administrative Courts, several appeals such cases to the court of appeals and supreme court.

18. List any law articles you

you

and any such

or

eLF Presentations and Articles:

Pointers

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6

In October 2008. I gave an update on recent rule amendments to the Colorado Appellate Rules as part of a CRA-CLF appellate seminar.

In March 2008, 1 gave a CLE talk titled "The Chief Justice, the First Amendment, and Campaigns:

The Future of Political Speech in the Roberts Court."

In November 2007, I gave a l-hour in-house eLE on the new Colorado Rules of Professional Conduct.

In February 2007. I wrote "A few humble tips on brief writing," which was included in the written materials for a CBA-CJI CLE, "Best and Worst Trial Tactics: Straight Talk from the Judges:'

In September 2006, at the Tenth Circuit Bench and Bar Conference, I spoke at and moderated a panel on legal blogging, titled "Law Blogging: The New Legal Journalism" The panelists were Prof. Eugene Volokh (The Volokh Conspiracy); John Hinderaker (Powerline blog); Lyle Denniston (SCOTUSblog).

In 2005, I gave a CLE talk, "Technology Update: Electronic Filing, Electronic Records, and Electronic Briefs in the Colorado appellate courts" for a CBA program on appellate practice.

In its April/May 2004 issue, Trial Talk published my article, "Understanding and Using Standards of Review for More Effective Appellate Advocacy."

Since October 2003, I have written a weblog on the Colorado state appellate courts, www.Coloradoappealsblog.corn, which I update weekly. The web log includes summaries of recent decisions from the Colorado Supreme Court and Court of Appeals, as well as news on pending cases, oral argument schedules, cases in which cert. has been granted, and other information from or about the courts.

Other speeches and presentations:

In January 2008. I gave a powerpoint presentation on legal writing, humorously titled "How to Write . Rea! Good. ,,'

In 2005, 2006. and 2008, I participated in the Bench-Bar retreat serving as a facilitator for breakout discussion groups.

the Denver Bar Association,

In 2005, I participated in an ail-day interactive seminar at the Tenth Circuit, "The Tenth Circuit in 2010." That seminar focused on various topics related to electronic filing and electronic records in the Tenth Circuit.

In 2005-06~ ! served on the planning committee for the Tenth Circuit's 2006 Bench and Bar Conference, which was held in September 2006.

In 2005, I spoke to the CBA Appellate Subcommittee on about web resources for Lc1C ",,,,-,,,,au

atDl.J Law

I have

to CU

students on

value

and the

Revised

process. I also have given numerous in-house presentations to the litigation department of my finn on a variety of legal topics. including "Anatomy of an Oral Argument:' appellate procedure in the Colorado Court of Appeals and the Tenth Circuit the local rules of procedure in the U.S. District Court fell' the District of Colorado, recent developments in state sovereign immunity and Eleventh Amendment immunity. limitations on congressional power under section 5 of the Fourteenth Amendment and revisions to the Federal Rules of Appellate Procedure and Federal Rules of Civil Procedure.

19. List your pnor professional or business employment smce completion of your formal education (include dates).

Law Clerk to the HOD. William J. Holloway, Jr., Senior Circuit Judge, U.S. Court of Appeals for the Tenth Circuit, September 1994 to September 1996, Oklahoma City.

Law Clerk/Attorney, Lozow, Lozow and Elliott, August 1993 to August 1994, Denver. The attorneys in the firm were Gary Lozow, Jon Lozow, Charles Elliott, and Stephanie Shafer. The practice was civil litigation and criminal defense.

20. If you have not been employed continuously since completion of your formal education, describe generally what you were doing (include dates).

Not applicable

D. PROFESSIONAL AND PUBLIC SERVICE

21. List activities in professional associations, including offices held, committees, awards, honors, and citations (include dates).

Council of Appellate Lawyers (charter member) (200 l-present); Appellate Judges Conference of the Judicial Division of the American Bar Association (2001-present): Faculty of Federal Advocates (200 I-present); Colorado Lawyers' Committee, Board of Directors (1997 -99; 20m-present), Children's Task Force (2003-07), Health Care Ref 01111 Task Force (2007-08); Weld County Task Force (2009-present), Sixth Amendment Task Force (2009-prcsent); Colorado Bar Association Availability of Legal Services Committee (chair pro bono sub-committee 1993-94); American Bar Association (1994-present), Litigation Section, Appellate Practice Committee (2000-present), Appellate Rules Subcommittee (2003-06): Tenth Circuit Judicial Conference (1996-present), 2006

Judicial Conference planning committee Colorado Bar

Subcommittee {1002-present), Pro Bono Program Screening Committee (20IO-present); Tenth Circuit Historical Society t2004-present),

22. List your activities in civic and citations

organizations,

held, awards,

and

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"Knitty CaC): through my firm's communirv service ccmmrttee=-Colfax Community Action Network (2002) (which works to get families om of hotels on Colfax and into their own apartments), canned food drives (2000-present), Thanksgiving Turkey drives (2001-present), a 9;] 1 relief fund bake sale and auction 1), a Katrina relief fund bake sale and auction (2005), Haiti earthquake relief (2010), school supply drives (200 I-present), Halloween parties for needy children (1999- present), a Christmas giving tree and the "adoption" of a needy family during the holidays (2000- present), juggling lessons at Children's Hospital for a party at the hospital for patients and their families (2003).

23. List all public offices to which you were appointed or elected (include dates served). Have you had any military or other public service? If so, please give details,

City of Centennial Board of Adjustment (Nov. 2002-prescm, appointed position). I was reappointed in May 2005, and again reappointed in May 2008. My current term expires in May 2011.

E. REQUIREMENT TO COMPLY \VITH JUDICIAL CODE OF CONDUCT

If appointed to the bench, you will be required to comply with the canons contained in the Colorado Code of Judicial Conduct.

24. Are you familiar with the Commission on Judicial Discipline and its function?

Yes.

25, Do you understand a judge is required to file reports compensation for quasi-judicia! and extra-

judicial activities in conformance with the Code of Judicial Conduct?

)'es.

26. Do you understand 202, CR.S,)?

a judge must comply with the Public Official Disclosure Law (Section 24-6~

Yes.

27. If you are now active in partisan politics, office?

you cease such activity if you are appointed to

28. Are you now an m;:m"lgemi::l1t of any L".-'~"".'~·O", I"'''i''''''-''1

any business

or

In the

details.

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9

I am a

29. Colorado judges are expected to use computer technology for a wide variety of functions including word processing, legal research, case management, e-filing and e-mail. Do you personally use a computer for any of the purposes above or for similar purposes? If yes, describe the functions you perform and state how frequently you pCrf0D11 each function. If no, state whether you will participate in training to develop and maintain your personal skills in using computer technology.

Yes. I personally use computers extensively for both business and personal purposes on a daily basis. I use word processing and e-mail on a daily basis. I do online computer research, legal and otherwise, daily. 1 use Microsoft Outlook for calendaring and docketing, and my firm uses it for document management. I currently use dual monitors for a more paperless practice. I use e-filing with assistance from office staff (filings are typically handled by office staff, but I usually retrieve documents myself) I carry and use an il'hone for internet and e-mail access, as well as for text messaging and calendaring. I am comfortable using Microsoft Word, Excel, Word Perfect, Quattro Pro, Powerpoint, Adobe Acrobat, Summation, Adobe Dreamweaver (website software), among other software.

I am a big believer in using technology to improve the courts, and I am enthusiastic about e-filing and e-records in the state appellate courts. I look forward to hyperlinked briefs becoming standard. In a recent criminal appeal in the Colorado Court of Appeals, I filed a fully-hyperlinked answer brief with links to both legal citations and the appellate record. I used Brief-Lynx software, by etrial communications, inc., to create the hyperlinked brief.

30. Have you ever been cited for contempt of Court? If so, please give details.

No.

F. MISCELLANEOUS

31. Describe how you spend your leisure time (including special interests, hobbies, reading preferences, vacation activities).

I spend most of my free time with my wife and children. I have an l I-year-old son and an 18-yearold stepson. We enjoy family vacations, typically in the or spring. We CI1iOY beaches, theme parks, and vacations that are "action-packed" or "laid-back." In the past few years we have been to Carlsbad, California, MOUlE Rushmore (for Fourth of July fireworks). Vero Beach, Florida,

Disneyworld, Washington, D.C, Hilton SC, the Colorado mountains. Our next

be in Hawaii. My son recently became scout, so we have been on numerous

scout trips, including trips to Warren AFB in Cheyenne, WY,

and Si;;out at Dietler.

my interest in

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We enjoy the theater and arc also movie buffs. I play guitar. bass, and drums, and have a small home digital recording studio in the band room. I collect phonograph records (458 and 33s). I enjoy reading political and legal thrillers, classic science fiction and horror, as well as contemporary and classic literature, and the occasional golf For I read biographies, current events, history, science, and golf and golf history.

32. List the names

no more than five individuals

whom you are requesting a letter of reference.

Jean Dubofsky (The Dubofsky Law Finn, P.C, Colorado Supreme Court Justice 1979-87) Hon. William Hood (District Judge, Denver District Court)

Gary Lozow (Shareholder, Isaacson Rosenbaum P.c.)

Edward Ramey (Shareholder, Isaacson Rosenbaum P.c.)

Han. Timothy Tymkovich (Circuit Judge, United States Court of Appeals for the Tenth Circuit)

The letters of reference are attached

33. Please attach a statement not to exceed one page in length, double-spaced, discussing: (a) your knowledge of and experience with the court served by the judgeship for which you are applying; and (b) the reasons why you WIsh to be appointed to this vacancy and the qualities you would bring to the bench if appointed.

34. If you are applying for an appellate judgeship, you MUST submit a sample of your legal writing of not more than twenty (20) pages with this application.

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