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JUDICIAL NOMINATING COMMISSION APPLICATION FOR COLORADO STATE COURT JUDGESHIP

NOTE: For the required number of copies to file, please refer to the INSTRUCTION corresponds to the specific vacancy for which you are applying. Colorado Supreme Court (designate vacancy for which application is being made) SHEET that

I.

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: Patrick T. O'Rourke

2. Birth year: 1970
3. Are you a United States citizen? Yes

4. Attorney Registration Number: 26195
5. Work Address: Office of University Counsel, 1800 Grant Street, Suite 800, Denver,

Colorado 80203 6. Telephone (w): 303-860-5691 7. List your place of residence for the past five years.

Dates
1999-2010

City
Highlands Ranch

County
Douglas

State
CO

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B. EDUCATIONAL BACKGROUND

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8.

List the names and locations of schools attended, beginning with high school.

Name
St. Mary's High School Creighton University Georgetown University Law Center

Location
Colorado Springs, CO Omaha, NE Washington, D.C.

Dates Attended
1984-1988 1988-1992 1992-1995

Degree
High School Diploma B.A. J.D.

9.

List scholarships, awards, honors, and citations you received during college and law school.

At Creighton University, I held a merit-based partial scholarship for all years of my attendance. I was on the Dean's List for three consecutive years and graduated from Creighton University cum laude with a Bachelor of Arts in Political Science and a Co-Major in Philosophy. I was inducted into the Order of Omega and received a departmental award from the Department of Political Science. At the Georgetown University Law Center, I received honors in Legal Research and Writing and was named a Law Fellow for my second-year to advise incoming law students in the methods oflegal research and writing. I was subsequently named an Advanced Law Fellow in my third-year to advise upper division students in the legal writing process. I was an Article Editor for the Georgetown Journal of Legal Ethics. Iwas named to the Dean's List during two years of my law school career and graduated from the Georgetown University Law Center cum laude.

C. PROFESSIONAL BACKGROUND AND EXPERIENCE
10. List all courts in which you have been admitted to practice, with dates of admission. information for administrative bodies which require special admission to practice. Bar Admission Colorado Supreme Court United States District Court for the District of Colorado United States Tenth Circuit Court of Appeals United States District Court for the District of Nebraska Date 1995 1995 1995 1998 Give the same

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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. From October of 2005 to the present, I have held the position of Managing Associate University Counsel for the University of Colorado. In this position, I am responsible for conducting and coordinating all of the litigation commenced against the University of Colorado in state and federal courts. In this capacity, I have received a Special Assistant Attorney General designation from the Office of the Attorney General. I report to Vice-President and University Counsel Daniel J. Wilkerson. The other attorneys who work in the Office of University Counsel and carry Assistant Attorney General designations are David Temple, Steve Zweck-Bronner, Chris Puckett, Katherine Goodwin, Jennifer Watson, John Sleeman, Elvira Strehle-Henson, Michelle Krech, Catherine Shea, Jeremy Hueth, and Nike Fleming. In my position, I am responsible for the management of all litigation affecting four campuses of the University of Colorado, the State of Colorado's fourth largest employer with an annual budget in excess of $2 billion. I am the attorney with primary responsibility for the University's trial and appellate practice before the state and federal courts. I have been lead counsel for several cases of national significance, including: • The successful defense of the First Amendment retaliation claims brought by Professor Ward Churchill after the University of Colorado Board of Regents terminated his tenured employment for research misconduct. After the jury initially returned a $1 verdict, the trial court granted judgment as a matter of law in the University's favor.

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• The appellate arguments in the Tenth Circuit Court of Appeals in Simpson v. University of Colorado, the Title IX litigation arising from sexual assaults in the University's football program. The lawsuits were creatively settled in a way that enhanced the University's image while effectively immunizing the institution from future Title IX claims. • The defense of a constitutional challenge to the Board of Regents' policy banning concealed weapons on University of Colorado campuses. The sucessful defense of claims in Colorado that a governmental medical center can be held liable under the "danger creation" theory of substantive due process after an epileptic patient's death in a monitoring unit. In addition to these major claims, I regularly defend and supervise other attorneys in the defense of claims arising under Title VII, the Americans with Disabilities Act, the Rehabilitation Act, the Colorado Governmental Immunity Act, and the Health Care Availability Act. Because of the range of operations in which the University engages, it crosses many types of civil practice, both at the trial and appellate levels, but the range of cases involve: Litigation commenced under state and federal anti-discrimination statutes (35%); Constitutional litigation concerning the rights of students and faculty members (20%); Defense of medical malpractice claims against publicly employed physicians (20%); Commercial litigation (10%), Rule 106 review of quasi-judicial actions (5%).

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The remainder of my professional time is spent advising the University on policy matters and training of faculty and staff. Revised 4/2009

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12. If you have a subspecialty in any major types of law listed in number 11, what is your subspecialty? I do not formally specialize in any area that recognizes a specialty bar. I do, however, consider myself to have particular expertise in civil rights litigation, health care and medical malpractice litigation, and appellate advocacy. I have taught Health Law II, which is a seminar addressing medical liability issues, on multiple occasions at the University of Colorado School of Law. I have taught Public Health Law and Ethics at the University of Colorado College of Public Health. I regularly teach a~d provide seminars for students at the University of Colorado School of Medicine. on In the fall of 201 0, I will teach Health Law and Public Policy at the University of Colorado School of Law. I have also advised the Colorado Medical Society for policy purposes and in review of potential legislation. I also have extensive experience in matters relating to privacy laws, including the regulations implementing the Health Insurance Portability and Accountability Act of 1996, the physician-patient privileges and the Federal Education Privacy Rights Act. I am recognized as an authority in litigation against public entities and familiarity with the Colorado Governmental Immunity Act, Eleventh Amendment Immunity, the Colorado Sunshine Law and the Colorado Open Records Act.

13. List other areas of law in which you have practiced. Please see my answers to Questions 11 and 12. I believe that I have handled cases in most areas of civil litigation that regularly arise in the Colorado courts.

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. I have practiced extensively in the Colorado appellate courts as well as before the Tenth Circuit Court of Appeals. In the pages that follow, I have listed my decisions both at the trial court level and appellate level that were offficially published or are available electronically. They span a broad spectrum of civil issues, including employment law, the Colorado Consumer Protection Act, First Amendment law, medical malpractice, privacy of medical information, administrative law, and real property. In addition to these reported decisions, I estimate that I have handled at least twenty other appeals that are not published or available electronically. Those decisions span the same range of issues as the published decisions. Trujillo v. University of Colorado Health Sciences Center, 157 F.3d 1211 (lOth Cir. 1998) (affirming dismissal of claims brought under Title VII including racially hostile work environment, disparate treatment, and retaliation through communications to subsequent employer).

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Martinez v. Lewis, 969 P.2d 213 (Colo. 1998) (affirming, as amicus curiae for the Colorado Medical Society, dismissal of claims of professional negligence and violation of Colorado Consumer Protection Act brought against an independent medical examiner retained by third-party insurer). Jandro v. Foster, 53 F.Supp.2d 1088 (D. Colo. 1999) (discussing qualified immunity issues pertaining to First Amendment retaliatory discharge and dismissing claims of intentional infliction of emotional distress). Smith v. Plati, 56 F.Supp.2d 1195 (D. Colo. 1999) (dismissing claims brought under 42 U.S.C. §1983 against Assistant Athletic Director of Media Relations for the University of Colorado for alleged violation of rights secured under the First and Fourteenth Amendments to the United States Constitution). Tracz v. Centennial Peaks Behavioral Health Systems, 9 P.3d 1168 (Colo. App. 2000) (affirming dismissal of claim under Colorado's psychiatric hold-and-treat statute and dismissing constitutional challenges to C.R.S. §27-10-105). Pfenninger v. Exempla, 116 F.Supp.2d 1184 (D. Colo. 2000) (determining that physician's liberty and property interests were not violated by suspension of hospital staff privileges). Pfenninger v. Exempla, 12. P.3d 830 (Colo. App. 2000) (clarifying the jurisdiction of the Colorado Board of Medical Examiners' Committee on Anticompetitive Conduct). Pfenninger v. Exempla, 17 P.3d 841 (Colo. App. 2000) (considering the jurisdiction of the Committee on Anticompetitive Conduct after remand from Colorado Supreme Court). North Colorado Medical Center, Inc. v. Nicholas, 27 P.3d 828 (Colo. 2001) (clarifying, as amicus curiae for the Colorado Medical Society, the non-liability of private hospitals performing peer review functions under the auspices of the Colorado Professional Review Act under 42 U .S.C. §1983). Smith v. Plati, 258 F.3d 1167 (lOth Cir. 2001) (affirming trial court's dismissal of claims brought under 42 U.S.C. § 1983 on the grounds that factual allegations underlying false arrest claims did not rise to level of constitutional violation, there was no evidence of actionable retaliation for exercise of First Amendment rights and plaintiff could not establish a constitutional right of access to information maintained by the University of Colorado). Preston v. Dupont, 35 P.3d 433 (Colo. 2001) (clarifying, as amicus curiae for the Colorado Medical Society, the relationship between the damage limitations contained in Colorado's Health Care Availability Act and the general damage limitations contained in C.R.S. §13-21-1 02.5). Gall v. Jamison, 44 P.3d 233 (Colo. 2002) (affirming trial court's order to produce attorney's notes revealing attorney's mental impressions once those materials had been considered by expert retained to render opinion testimony for trial). Rodriguez v. HealthONE, 50 P.3d 879 (Colo. 2002) (affmning, as amicus curiae for the Physicians Insurance Association of America, the constitutionality of the periodic payment provisions of Colorado's Health Care Availability Act). In the Matter of the Estate of Jacob J. Walter, 97 P.3d 188 (Colo. App. 2003) (affirming trial court's order establishing that certain beneficiaries were excluded from an estate). Ortlieb v. Howery, 74 Fed. Appx. 778 (10th Cir. 2003) (affirming trial court's order determining that unauthorized disclosure of medical records would not give rise to a claim under 42 U.S.C. §1983). Revised 4/2009

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Roberson v. Pinnacol Assurance, 98 Fed. Appx. 778 (lOth Cir. 2004) (affirming trial court's order determining that physicians who generated independent medical examinations could not be held liable for conspiracy to violate due process). Garhart v. ColumbialHealthONE, LLC, 95 P.3d 571 (Colo. 2004) (upholding, as amicus curiae for the Colorado Medical Society, the constitutionality of the Health Care Availability Act against claims of violation of right to jury trial, denial of due process, and violation of the separation of powers doctrine). Argus Real Estate v. E-470 Public Highway Authority, 109 P.3d 604 (Colo. 2005) (applying the statutory Rule Against Perpetuities to claims made against a public authority). Alcon v. Spicer, 04 SA 347 (Colo. May 5, 2005) (determining, as amicus curiae for Copic Insurance Company, the nature and extent of the waiver of the physician-patient privilege through the maintenance of claim for personal injuries). Porter Construction Services v. Ehrhardt, Keefe, Steiner & Hottman. P .C., 131 P .3d 1115 (Colo. App. August 25, 2005) (determining the accrual date for prejudgment interest in accounting malpractice actions). Raleigh v. Performance Plumbing & Heating, 130 P.3d 1011 (Colo. February 21,2006) (determining, as amicus curiae for the Colorado Defense Lawyers Association, the scope of a claim for negligent hiring). Hartmann v. Nordin, 137 P.3d 43 (Colo. 2006) (determining, as amicus curiae for the University of Colorado, the discovery of familial history in personal injury action). Espinoza v. Perez, 165 P.3d. 770 (Colo. App. 2006) (affirming trial court's order determining the scope of the Colorado Wrongful Death Act and assignability of wrongful death claims). Reutter v. Weber, - - - PJd - - - , 2007 WL 1240199 (Colo. 2007) (determining, as amicus curiae for the University of Colorado, the permissibility of ex parte physician interviews in personal injury litigation). St. Croix v. University of Colorado Health Sciences Center, 166 P.3d 230 (Colo. App. 2007) (affirming trial court's order and determining the framework for evaluating pretext evidence in employment discrimination claims). Simpson v. University of Colorado, 500 F.3d 1170 (10th Cir. 2007) (determining the potential Title IX liability of a university for off-campus student-on-student sexual harassment). Sereff v. Steedle, 167 P.3d 135 (Colo. 2007) (determining, as amicus curiae for the University of Colorado, that the damage limitations of the Colorado Governmental Immunity Act apply to all potential claims asserted as a result of wrongful death). Evers v. Regents of the University of Colorado, 509 F.3d 1304 (lOth Cir. 2007) (construing the falsity requirement ofliberty interests claim under 42 U.S.C. §1983). Cardenas v. Jerath, - - - P.3d - - - , 07SA150 (construing, as amicus curiae for the University of Colorado, the attorney-work product doctrine).

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Harrison v. University of Colorado Health Sciences Center, - - - Fed. Appx. - - -, 2009 WL 1990881 (10th Cir. 2009) (determining that University of Colorado Health Sciences Center is protected by Eleventh Amendment immunity and that no private right of action exist under privacy regulations of Health Insurance Portability and Accountability Act). Students for Concealed Carry on Campus, LLC v. Regents of the University of Colorado, 2010 WL 1492308 (Colo. App. 2010) (determining the applicability of the Colorado Concealed Carry Act to University of Colorado Board of Regents). Churchill v. The University of Colorado at Boulder, 09CA 1713 (Colo. App. 2010)(affinning that University of Colorado was entitled to quasi-judicial immunity from claims of First Amendment retaliation brought by tenured professor whose employment was terminated after adversarial process). Gray v. University of Colorado Hospital Authority, 2010 WL 3430785 (D. Colo. 2010)(determining that hospital monitoring protocols did not "shock the conscience" in a manner that would give rise to substantive due process claims). Estate of Ford v Eicher, 2011 WL 976597 (Colo. 2011) (determining, as amicus curiae for the University of Colorado, the standards for admission of expert medical testimony after People v. Schreck and People v. Ramirez). Day v. Johnson, 09 SC 879 (Colo. 2001) (determining, as amicus curiae for the University of Colorado, the propriety of Colorado Jury Instruction defining the standard of care in medical malpractice actions)

15. Have you practiced in the trial courts of Colorado within the past five years? If so, please state what percentage of your total practice your trial practice constituted and the types of matters handled. I have practiced in the trial courts of Colorado in the past five years. I would estimate that 65% of my litigation is in the trial courts, rather than the appellate courts. The matters that I have litigated in the past five years include medical malpractice claims, civil rights claims, construction defect claims, contract claims, commercial claims, and constitutional claims.

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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. 1. Case NamelNumber: Ward Churchill v. Board of Regents of the University of Colorado, 2006 CV 11473, Denver County District Court Presiding Judge: Larry Jefferson Naves Phone: (303) 572-1919

List name(s) and telephone number(s) for opposing counsel: David Lane, Killmer Lane & Newman, LLP, (303) 571-1000 Robert J. Bruce, Lawlis & Bruce, LLC, (303) 573-5498 List name(s) and telephone number(s) for co-counsel: Kari M. Hershey, Hershey & Skinner, LLC, (303) 226-1669 Briefly describe the case and your involvement: I am lead trial counsel in a First Amendment retaliation claim filed by former University Professor Ward Churchill. I litigated the two-week internal hearing before a panel of faculty members where Professor Churchill was determined to have engaged in research misconduct under the Laws of the Regents. A panel of faculty members determined by clear and convincing evidence that Professor Churchill had engaged in multiple acts of fabrication, falsification and plagiarism. Professor Churchill filed suit after his termination and claims that the Board of Regents of the University of Colorado unlawfully terminated his position as a tenured professor in retaliation for comments that he made after the attacks of September 11, 2001. After a four week trial, a jury initially returned a verdict of $1 in Professor Churchill's favor. The trial court then granted the University's Motion for Judgment as a Matter of Law determining that the Board of Regents engaged in quasi-judicial action and was entitled to immunity from claims arising under 42 U.S.C. §1983. The case was appealed to the Colorado Court of Appeals. that unanimously affirmed the trial court's decision. The Court of Appeals issued a ruling

The Colorado Supreme Court has agreed to accept the case for certiorari review. The briefing is currently ongoing. For my work on the case, Law Week Colorado named me as a "Lawyer of the Year" for 2009. I was the only lawyer employed by a public entity to receive this honor.

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2. Case NamelNumber: Students for Concealed Carry, LLC et al v. Regents of the University of Colorado et al, 08 CV 6592, El Paso County District Court Presiding Judge: G. David Miller Phone: (719) 329-7048

List name(s) and telephone number(s) for opposing counsel: James Manley, Mountain States Legal Foundation, (303) 292-2021

List name(s) and telephone number(s) for co-counsel: None Briefly describe the case and your involvement: I was lead counsel in defending against a lawsuit filed by Students for Concealed Carry, LLC. This lawsuit presented issues of first impression in the State of Colorado about the premption provisions of the Colorado Concealed Carry Act and the validity of Regent Policy 14-1, which prohibits the carrying of weapons on University of Colorado campuses. It also involved a challenge to Regent Policy 14-1 under the Colorado Constitution. The trial court dismissed the lawsuit and found that Regent Policy 14-1 was a legitimate exercise of the Board of Regents constitutional and statutory authority. The Court of Appeals recently reversed the trial court's decision and determined that the Concealed Carry Act preempts the Board of Regents' ability to adopt a weapons control policy that prohibits the carrying of concealed firearms. The Colorado Supreme Court accepted the case for certiorari review. argued and a decision is expected in the Fall of 20 11. The case has been fully

3.

Case NamelNumber: Jimmie Louise Gray et al v. University of Colorado Hospital Authority, 09CV -02458-MSK-KLM Presiding Judge: Marcia S. Krieger Phone: (303) 335-2289

List name(s) and telephone number(s) for opposing counsel: Jim Leventhal & Natalie Brown, Leventhal Brown & Puga, LLC (303) 759-9945

List name(s) and telephone number(s) for co-counsel: Richard L. Murray, Jr., Halls & Evans, LLC, (303) 628-3300 Briefly describe the case and your involvement: I am lead counsel for the University of Colorado School of Medicine and physicians employed with it. This lawsuit involves claims arising from a patient's death in the Epilepsy Monitoring Unit of the University of Colorado Hospital. The case raises federal constitutional claims arising under the Due Process Clause to the United States Constitution under the "danger creation theory. There is very little precedent on this issue across the United States. The trial court issued a ruling in the University's favor. The case is currently pending before the Tenth Circuit Court of Appeals. Oral argument occurred in September of2011.

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4.

Case NamelNumber: oyce Kelley et al v. Richard Tillquist et al Presiding Judge: Herbert L. Stem Phone: (720) 865-8303

List name(s) and telephone number(s) for opposing counsel: Thomas J. Helms, Helms & Associates, P.C., (303) 321-2703 Phil Pearson, Irwin & Boesen, P.C., (303) 999-9999 List name(s) and telephone number(s) for co-counsel: Paul Faraci, Faraci Wolanske, LLC, (720) 904-1190 Amy Cook-Olson, Murphy Decker Hensen & Cook-Olson, (303) 468-5980 Kari M. Hershey, Hershey & Skinner, LLC, (303) 226-1669 Briefly describe the case and your involvement: This was a medical malpractice case that arose from the death of a twenty-four year-old woman. She had experienced severe complications after bariatric surgery and ultimately died of a fatal pulmonary embolus. I represented a pulmonary/critical care physician who was alleged to have misdiagnosed the patient's condition while she was hospitalized. This case was tried to a jury in June-July 2008. The jury returned a defense verdict in my client's favor.

5.

Case NamelNumber: Simpson v. University of Colorado, States District Court for the District of Colorado Presiding Judge: Robert E. Blackburn

1:02-CV -02390-REB-CBS,

United

Phone: (303) 335-2350

List name(s) and telephone number(s) for opposing counsel: Baine Kerr & Kimberly Hult, Hutchinson Black & Cook, LLC, (303) 442-6514 Seth Benezra, Benezra & Culver, LLC, (303) 716-0254 List name(s) and telephone number(s) for co-counsel: Kay Rice, Cooper & Clough, P.C., (303) 607-0077 Daniel Reilly, Reilly Pozner & Connelly, LLP, (303) 893-6100 Briefly describe the case and your involvement: I was the lead appellate counsel in this Title IX lawsuit arising from allegations of sexual assault against female students by University of Colorado football recruits. After the Tenth Circuit Court of Appeals reversed the case and returned it to the United States District Court. I facilitated the settlement discussions between the parties that led to the resolution of this high publicity lawsuit against the University of Colorado. I was the lead counsel in the settlement negotiations, which led to resolution on terms that the Denver Post described as "a relief to all who care about the future of Colorado's flagship university."

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17. Summarize your experience in adversary proceedings before administrative boards or commissions.
I have represented professionals before the Colorado Board of Medical Examiners, Colorado State Board of Pharmacy, Colorado State Board of Nursing, Colorado State Board of Chiropractic, and the Colorado State Board of Physical Therapists,including hearings before the Division of Administrative Hearings. I have also represented the University of Colorado before the State Personnel Board.

18. List any law related lectures, speeches, or other presentations you have given and any such books or
articles you have authored. I regularly teach at the University of Colorado School of Law in the areas of medical malpractice litigation and health care policy. I also regularly teach at the University of Colorado School of Medicine. In addition, I have been invited to speak to local and national organizations on issues as diverse as academic freedom, employment law, medical malpractice litigation, health care policy, and appellate advocacy. David C. Little & Patrick T. O'Rourke, Choosing ADR?, Colorado Journal (February 16, 1996) David A. Burlage & Patrick T. O'Rourke, ADR From a Private Practitioner's Perspective, Presented at the Colorado Bar Association Annual Meeting, Administrative Law Forum (September 28, 1996) Kevin J. Kuhn & Patrick T. O'Rourke, Confidentiality: The Patient's Rights and the Practitioner's Rights, Presented to the Colorado Prescription Drug Abuse Task Force (October 24, 1996) Patrick T. O'Rourke, Letter to Disability Law Column Editor Regarding Personal Liability Under the Americans with Disabilities Act, 26 Colorado Lawyer 52 (May 1997) Faculty, 1997 Professionalism Seminar, Co-sponsored by Continuing Legal Education in Colorado, Inc. and the Colorado Bar Association (September 13, 1997) Patrick T. O'Rourke, The Lay of The Legal Landscape: Liability in the Mental Health Professions, Presented to the Psychology Residency Program at The Children's Hospital, Denver, Colorado (February 13, 1998) Richard L. Murray Jr. & Patrick T. O'Rourke, Employment Issues for Hospitals and Physicians, Presented at the request of Farmers Insurance Group (August 17, 1998) Patrick T. O'Rourke, Liability Law Leaves Justices Little Choice, The Rocky Mountain News, p.56A (August 21, 1998) Kevin J. Kuhn & Patrick T. O'Rourke, Legal Issues the Orthopedic Surgeon Faces in the Late 1990's, Presented to the Western Orthopedic Association (September 10, 1998) Kevin J. Kuhn & Patrick T. O'Rourke, How to Stay Out of Litigation and Help Your Lawyer Once Suit is Filed, Western Orthopaedic Association News, Vol. 1, No.9 (OctoberlNovember 1998) David A. Burlage & Patrick T. O'Rourke, Seeking Declaratory Orders Before the BME, CMS Med Fax - Colorado Medicine, Vol. 95, Number 11 (November 1998) Patrick T. O'Rourke, Administrative, Civil & Criminal Liability of Licensed Psychologists, Presented to the Psychology Residency Program at The Children's Hospital (December 10, 1998)

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Karen B. Best & Patrick T. O'Rourke, Liability Update: The Colorado Supreme Court Closes a Door and Opens a Window, CMS Med Fax - Colorado Medicine, Vol. 96, Number 1 (January 1999) Patrick T. O'Rourke, Physicians as Employers: CreatingiTenninating the Employment Relationship, CMS Med Fax - Colorado Medicine, Vol. 96, Number 3 (March 1999) Patrick T. O'Rourke, The Employee Handbook - What it Should Contain, CMS Med Fax - Colorado Medicine, Vol. 96, Number 5 (May 1999) Patrick T. O'Rourke, Y2K - Protecting Yourself from Liability, CMS Med Fax - Colorado Medicine, Vol. 96, Number 8 (August 1999) Kevin J. Kuhn, Patrick T. O'Rourke, & Julie J. Collett, Admissibility at Trial: The Evidentiary Lessons Discovery Never Taught Us, Presented to the Colorado Defense Lawyer's Association (August 12, 1999) Patrick T. O'Rourke, Avoiding Liability for Employment Discrimination, CMS Med Fax - Colorado Medicine, Vol. 96, No. 10 (October 1999) Kevin J. Kuhn, Richard L. Murray, Jr. & Patrick T. O'Rourke, Minors and Risk: Frequent Liability Concerns in the Healthcare Setting (October 1999) Patrick T. O'Rourke & John R. Riley, Caring for Children - Liability Concerns, Presented at The Children's Hospital (November 16, 1999 and December 2, 1999) Patrick T. O'Rourke & Heather Weckbaugh, Covenants Not to Compete and Their Effect Upon Physicians, CMS Med Fax - Colorado Medicine, Vol. 96, No. 12 (December 1999) Patrick T. O'Rourke, Caring for Children - Liability Concerns, CMS Med Fax - Colorado Medicine, Vol. 97, No.1 (January 2000) Patrick T. O'Rourke, Nicholas III and 42 U.S.C. § 1983 Liability, Presented to Copic Defense Counsel Meeting (April 13, 2000) Richard L. Murray, Jr. & Patrick T. O'Rourke, Peer Review Under Attack, CMS Med Fax - Colorado Medicine, Vol. 92, No.5 (May 2000) Medical Malpractice for the Experienced Paralegal, Sponsored by Institute for Paralegal Education (June 10,2000) Patrick T. O'Rourke, Electronic Medical Records and the Health Insurance Portability Accountability Act of 1996, CMS Med Fax - Colorado Medicine, Vol. 92, No.8 (August 2000) The Reciprocal Alliance Risk Retention Group Risk Management School2000) and

Mock Trial (October 11,

Patrick T. O'Rourke, An Attorney's Perspective on Internet Medical Research, CMS Med Fax Colorado Medicine, Vol 93, No.1 (January 2001) Patrick T. O'Rourke, Liability Concerns - 2001, Presented at The Children's Hospital (February 20, 2001 and February 27,2001) Richard L. Murray, Jr. & Patrick T. O'Rourke, Confidentiality of Medical Records and the Health Insurance Portability and Accountability Act of 1996, Colorado Lawyer, Vol. 30, No.3 (March 2001)

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Nursing Malpractice, 2001)

Presented at the University of Colorado Health Sciences Center (March 2,

Copic Insurance Company Risk Management System - Mock Trial (March 14,2001) Mental Health and the Law in Colorado, Sponsored by Medical Educational Services, Inc. (April 20, 2001) Patrick T. O'Rourke & Deann Snider, Colorado's Good Samaritan Statute, Colorado Medicine, Vol. 93, No. 7 (July 2001) HIP AA: Privacy and Security - Beyond the Basics, Sponsored by Medical Educational Services, Inc (October 5, 2001) Patrick T. O'Rourke, Individual Rights Under the Privacy Regulations of the Health Insurance Portability and Accountability Act, Colorado Medicine, Vol. 93, No. 11 (November 2001) Patrick T. O'Rourke, Physician Employers Medicine, Vol. 94, No.2 (February 2002) Patrick T. O'Rourke, Ethical Considerations (April 2002) and the Americans with Disabilities Act, Colorado

of Attorney's Liens, Colorado Lawyer, Vol. 31, No.4

Patrick T. O'Rourke, Kevin J. Kuhn & Kara K. Knowles, Liability Concerns for Blood Banks, Sponsored by BCX Risk Management (April 20, 2002) Copic Insurance Company Risk Management System - Mock Trial Patrick T. O'Rourke, Let's Make a Deal4 (April/May 2002) Physicians and Business, Colorado Medicine, Vol. 99, No

Patrick T. O'Rourke & Jack R. Mann, Constitutional Challenges to the Healthcare Availability Act, Presented to the Colorado Defense Lawyer's Association (August 16,2002) Advanced Legal Drafting for Colorado Paralegals, Sponsored by the Institute for Paralegal Education (September 12, 2002) Colorado Liability Update, Presented to the Office of University Counsel (October 2002) HIP AA:Privacy and Security - Beyond the Basics, Sponsored by Medical Educational Services, Inc (October 5, 2002) HIPAA 101, Sponsored by the Colorado Defense Lawyer's Association (November 22,2002). Patrick T. O'Rourke, Discipline Against Lawyers for Conduct Outside the Practice of Law, Colorado Lawyer, Vol. 32, No.4 (April 2003). Colorado Hospital Risk Managers Association Annual Conference - Mock Trial (June 16,2003) HIP AA Considerations for Insurance Claims Professionals, Association (June 27,2003) Sponsored by the Colorado Claims

Complex Legal Drafting, Sponsored by the Institute for Paralegal Education (July 29, 2003) Revised 412009

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HIPAA and Insurance Claims, Colorado Claims Association Journal (July 2003) Copic Insurance Company Risk Management System - Mock Trial (August 14,2003) HIPAA and Litigation, Presented to Colorado Defense Lawyer's Association (August 16,2003) Health Information: Confidentiality, Services (October 8, 2003) Responding to Governmental 2003) Conflicts & Compliance, Sponsored by Medical Educational

Investigations,

Presented at Yuma District Hospital (November 19,

Discipline Against Lawyers for Conduct Outside the Practice of Law, Sponsored by Colorado Legal Education (December 5, 2003) Testimony before the House Committee on Health, Environment, Welfare and Institutions on HB031063 (addressing medical confidentiality requirements and labeling of prescription drugs) The Role of the Physician as an Expert Witness, Presented to the Colorado Springs Clinical Club (February 18,2004) Trying a Medical Malpractice Case, Sponsored by Colorado Legal Education (March 26, 2004) Enforcing Civility: The Rules of Professional Vol. 33, No.3 (March 2004) Conduct in Deposition Settings, Colorado Lawyer,

Credentialing Revisited, Presented at the Fourth Annual HCA-HealthONE Conference (May 14, 2004)

Medical Staff Leadership

Copic Insurance Company Risk Management System - Mock Trial (presented on four occasions in 2004) Anatomy of a Medical Malpractice Lawsuit, Presented to Colorado Defense Lawyer's Association (August 21, 2004) Employment Law for the Small Employer, Commerce (September 15, 2004) Presented to the South Denver Metro Chamber of

Update on Credentialing and Peer Review, Presented at the Copic Risk Management School (October 20,2004) Enforcing Civility: The Rules of Professional Colorado Legal Education (December 6, 2004) Conduct in Deposition Settings, Sponsored by

HIP AA Security Standards, Presented to the Colorado Hospital Association (March 2005) Copic Insurance Company Risk Management System 2005) - Mock Trial (presented on six occasions in

Waiver of the Physician-Patient Privilege by Filing Suit, Presented to the Colorado Defense Lawyer's Association (August 6, 2005)

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Advanced Legal Writing for Colorado (December 16, 2005) Revised 412009

Lawyers, Sponsored by the National Business Institute

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Using the Weil & Alcon Decisions to Your Advantage, Presented to Colorado Defense Lawyer's Association (February 16, 2006) Trauma & Disaster: The Rules Have Changed, Annual Trauma Symposium Sponsored by Penrose-St. Francis Health Services (April 7, 2006) Community Blood Center's Exchange Risk Retention Group 2006 Annual Meeting, Sponsored by BCX Risk Management (April 22, 2006) Confidentiality and Medical Information in Personal Injury Litigation, Presented to Colorado Defense Lawyer's Association (August 12,2006) Patrick T. O'Rourke & Kari M. Hershey, Caution! Job Opportunities Ahead: How to Evaluate HospitallPhysician Recruiting Arrangements, The Hospitalist, Vol. 10, No.9 (September 2006) Roles and Responsibilities of the Board of Regents of the University of Colorado, (October 11, 2006) Can you Get in the Writer's Mindset, (October 11,2006) Patrick T. O'Rourke & Kari M. Hershey, Top Ten Ways to Avoid Being Sued, The Hospitalist, Vol. 11, No.3 (March 2007) Confidentiality 23,2007) for Mental Health Professionals, Sponsored by National Business Institute, (January

I Don't Want to Get Sued!, Presented at The Children's Hospital (August 8, 2007) Patrick T. O'Rourke & Kari M. Hershey, Should a Physician Apologize? The Hospitalist, Vol. 11, No 9 (September 2007) Applying the Laws of Simplicity to Legal Writing, (October 11, 2007) The Internet Evolution: Savvy Research Strategies for Paralegals, Sponsored by the Institute for Paralegal Education (October 19,2007) Patrick T. O'Rourke & Kari M. Hershey, How We Review Contracts, The Hospitalist, Vol. 11, No 11 (November 2007) Patrick T. O'Rourke & Michelle McKinney, University Counsel is Your Friend, Presented at the Regional Conference of the Council for Advancement and Support of Education (January 15,2008) Confidentiality, Release of Information & HIP AA, Sponsored by Medical Educational Services, Inc. (January 25, 2008) Patrick T. O'Rourke & Kari M. Hershey, Navigating the Deposition Minefield, The Hospitalist, Vol. 12, No 2 (February 2008) Testimony before the Senate Committee on State, Veterans & Military Affairs on SB08-164 (concerning potential amendments to the Health Care Availability Act) (February 18, 2008) Testimony before the Senate Committee on Judiciary on SB08-164 amendments to the Health Care Availability Act) (March 12,2008) BCX Risk Management Workshop - Mock Trial (March 29, 2008) Revised 4/2009 (concerning potential

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Fix Your Security Holes, Sponsored by Professional Liability Underwriting Society (April 17, 2008) Understanding Student Liabilities, Presented at UCCS Student Success Forum, (April 25, 2008) Patrick T. O'Rourke & Kari M. Hershey, Ten Ways to Help Your Lawyer Win a Lawsuit, The Hospitalist, Vol. 12, No 6 (June 2008) The Liability Landscape, Presented to Colorado Medical Society (July 17, 2008) Handling High-Profile Litigation, Presented to Annual Conference of Colorado Defense Lawyers Association (August 15,2008) Patrick T. O'Rourke & Kari M. Hershey, What to Do When the Medical Board Knocks on Your Door, The Hospitalist, Vol. 12, No 8 (August 2008) Title IX and Risk Management, Presented at University of Colorado Risk Management Department Retreat (September 25, 2008) Patrick T. O'Rourke & Kari M. Hershey, I'm Calling My Lawyer, The Hospitalist, Vol. 12, No 10 (October 2008) Using Technology to Advance Your Legal Practice (October 8, 2008) Ethics Quiz 2008, (October 10,2008) Understanding the Constitutional and Statutory Issues Raised When Negotiating Healthcare Agreements with Instrumentalities of the State of Colorado, Presented to Colorado Bar Association Health Law Section (October 15, 2008) Patrick T. O'Rourke & Kari M. Hershey, Medicare and "Never Events", The Hospitalist, Vol. 13, No 1 (January 2009) Patrick T. O'Rourke & Kari M. Hershey, This Just Isn't Working Out, The Hospitalist, Vol. 13, No 8 (August 2009) Patrick T. O'Rourke, The Attorney-Client Privilege and the University Employee, The Legal Issue, Vol. 3, No.3 (Summer 2009) Employment Discrimination Under Title IX, Presented to International Association for Human Resources - Colorado (September 17,2009) Public Management

The First Amendment and Academic Freedom: Variations on a Theme (October 9,2009) All I Know About Law, I Learned from Vincent Gambini, Esq. (October 9,2009) Taking a Faculty Academic Misconduct Case to Jury Trial, Presented at the NACUA March 2010 CLE Workshop (March 18,2010) Paradigm Shifts: Academic Freedom in 2010: How Free is "Free"?, Presented at the NACUA 50th Annual Conference (June 28,2010)

Revised 4/2009

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Classical Rhetoric from Artstotle to Homer, (October 30, 2010) The Technology Equation: How to Apply Technology to Add to and not Subtract from Your Presentation to the Court, Sponsored by eTrial Communication, (January 14, 2011) Proposed Civil Access Pilot Project and Medical Negligence Healthcare Associated Risk Managers (March 3,2011) Actions, Sponsored by Colorado

HIPPA for Paralegals and Litigation, Teleseminar sponsored by the Institute for Paralegal Education (March 4,2011) Send Lawyers, Guns & Money: The Second Amendment on Campus, Presented at the NACUA Annual Conference (June 26, 2011 HIP AA and HITECH (September 28, 2011) Using Technology to Add to Your Presentations, Litigation Support Professionals (October 6, 2011) Sponsored by the Colorado Association of

19. List your prior professional (include dates).

or business employment

since completion of your formal education

From 1995 to October of 2005, I was an attorney employed with the Greenwood Village, Colorado law firm of Montgomery Little & McGrew, P.C. I began my employment as an associate in 1995, was promoted to shareholder in 2001, and was promoted to a directorship in 2005. As a litigation attorney at Montgomery Little & McGrew, I was responsible for a wide variety of trial and appellate cases in the state and federal courts. I prepared, filed, and argued cases briefs before the United States Tenth Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals, as well as successfully tried jury trials in courts throughout Colorado. Among the matters that I handled were: • The successful defense of claims in the United States District Court for the District of Colorado and the Tenth Circuit Court of Appeals defining the scope of false arrest claims subject to constitutional scrutiny and the scope of constitutional rights of access to information maintained by public institutions. • Successful arguments before the Colorado Supreme Court determining the scope of attorneywork product subject to production under Rule 26(a)(2). • Successful arguments before the Colorado Supreme Court, as amicus curiae for the Physicians Insurance Association of America, in support of the constitutionality of the periodic payment provisions of Colorado's Health Care Availability Act. • The successful defense of claims in the Boulder County District Court and the Colorado Court of Appeals asserting constitutional challenges to Colorado's psychiatric hold-and-treat statute. • Testimony before the Colorado General Assembly concerning proposed amendments to the Health Care Availability Act.

Revised 4/2009

17

Successful arguments before the Colorado Court of Appeals resulting in the only case in over two decades to overturn the Colorado Board of Medical Examiners revocation of a physician's license under a gross abuse of discretion standard. In addition to these matters, I defended claims arising under the Sherman and Clayton Act, defended licensed professionals in all phases of professional negligence actions, defended class actions arising under the Americans with Disabilities Act, defended claims of sexual harassment, and defended construction defect claims arising under the Colorado Consumer Protection Act. I also served as general counsel for hospitals in the State of Colorado and the Colorado Medical Society.

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

D. PROFESSIONAL AND PUBLIC SERVICE
21. List activities in professional associations, including offices held, committees, awards, honors, and citations (include dates). I am a member of the Colorado Bar Association and was a member of the Ethics Committee between 2001 and 2004. I was accepted to the Colorado Bar Association Leadership Training Program in 2008 and completed the program. I was elected as a fellow of the Colorado Bar Foundation. I am a member of the Denver Bar Association. Denver Bar Association in 2010. I became a member of the Board of Governors for the

I am a member of the Colorado Defense Lawyers Association. CDLA's annual convention on five occasions since 2002.

I have been invited to speak at the

I am a member of the National Association of College and University Attorneys. speak at three national conferences in 2010 and 2011.

I was invited to

22. List your activities in civic and charitable organizations, including offices held, awards, honors, and citations (include dates). I served as a member of the Board of Directors ofSt. Mary's High School, a non-profit Catholic high school in Colorado Springs, Colorado between 2000 and 2007. I continue to occasionally advise the Board of Directors on an ex officio basis. I served as a member of the Board of Directors of the Colorado Cancer Research Program from 20022006. I continue to occasionally advise the Board of Directors on an ex officio basis. I am a member of the Wheels of Justice Cycling Team, a group of lawyers who participate in the Courage Classic ride for The Children's Hospital. I have raised almost $7500 for The Children's Hospital in the past three years.

Revised 4/2009

18

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. I have not been appointed or elected to any office. I have no military experience.

E. REQUIREMENT

TO COMPLY WITH 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 of compensation for quasi-judicial and extrajudicial activities in conformance with the Code of Judicial Conduct? Yes.

26. Do you understand that a judge must comply with the Public Official Disclosure Law (Section 24-6202, C.R.S.)? Yes.

27. If you are now active in partisan politics, would you cease such activity if you are appointed to judicial office? I am not active in partisan politics and would not engage in those activities if I was appointed to judicial office.

28. Are you now an officer or director of any business organization management of any business enterprise? If so, please give details. No.

or otherwise engaged in the

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 listed above or for similar purposes? If yes, describe the functions you perform and state how frequently you perform each function. If no, state whether you will participate in training to develop and maintain your personal skills in using computer technology.

Revised 4/2009

19

I am very technology capable, including familiarity with and the ability to use the following programs on a daily basis: Microsoft Word, Microsoft Excel, Microsoft Powerpoint, Microsoft Outlook, Microsoft One Note, Adobe Acrobat, Westlaw, Lexis, Lexis-Nexis, Pages, Numbers, Keynote, Internet Explorer, Roxio Creator, Sanction II and Mindjet Mindmanager I have presented seminars to attorneys and paralegals on integrating technology into a law practice.

30. Have you ever been cited for contempt of Court? No.

If so, please give details.

F. MISCELLANEOUS
31. Describe how you spend your leisure time (including special interests, hobbies, reading preferences, vacation activities). I have two young children, Ryan (7) and Rachel (4). I try to spend as much time with them as possible, so it would be fair to say that I spend my leisure time with them, although my wife, Robin, would probably not always characterize spending time with our children as leisurely. I like to ski when I have the chance and try to ride my bike as often as I can. I constantly read, and my interests include philosophy, history, and economics.

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32. List the names of no more than five individuals from whom you are requesting a letter of reference. Bruce Benson, President of the University of Colorado Hank Brown, Former United States Senator and President of the University of Colorado Michael Carrigan, Regent of the University of Colorado Mark Fogg, President of the Colorado Bar Association Liz Starrs, Past President of the Colorado Bar Association

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.

Revised 4/2009

20

Dear Chief Justice Bender and the Members of the Commission: Thank you for considering my application. I would be honored to serve the State of Colorado as a judicial officer. I have appeared litigated cases before all levels of state and federal courts in Colorado and have the highest respect for the judiciary. I would be diligent in discharging my obligation to fully and fairly consider each case. Serving as a judge is one of the

highest callings of the legal profession, and I have aspired to serve as a judge since completing my legal education. Since entering the practice oflaw, I have intentionally developed my skills at both trial and appellate practice, which gives me an ability to understand how a ruling will affect the litigants in practice, not just in theory. Also, rather than specializing in one area, I have gained experience in expertise across many substantive fields oflaw. My breadth of practice has

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allowed me to understand where my cases lie in the overall legal framework and avoid positions that could lead to unintended consequences. I also have attempted to advance the growth of the

legal profession, both through teaching at the University of Colorado School of Law and by serving as a faculty member in many continuing legal education programs. I remain interested and intellectually connect to the law and the legal system. Within the permissible boundaries of the Code of Judicial Conduct, I would strive to maintain my connections to both the legal community and the community at large. The judiciary occupies a unique sphere in our constitutional system of government. Lacking the coercive power of the executive or the budgetary power of the legislature, the judiciary's rulings have effect only if the citizenry respects the judges who decide their disputes. I would attempt to earn that measure of respect by making thoughtful, articulate rulings grounded in the rule of law.

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CERTIFICATE OF APPLICANT
I understand the submission of this application expresses my willingness to accept appointment to the judiciary of the State of Colorado, if tendered by the Governor, and further, my willingness to abide by the rules of the Judicial Nominating Commission with respect to my application and the Code of Judicial Conduct, if appointed. I hereby certify that the information given in this application is correct and complete.

Date:

1- I q ~ '(

1.1\

I
Signature of Applicant Patrick T. O'Rourke Print or Type Name

WAIVER
I grant the Commission the right to examine the records of the Attorney Regulation Counsel (formerly maintained by the Supreme Court Grievance Committee) and the records of the Commission on Judicial Discipline. I consent to the release of information by employers, schools, law enforcement agencies, and other authorized personnel to verify the information contained in this application. Date: ~ ~ I 'i - ?

0I

I
Signature of Applicant Patrick T. O'Rourke Print or Type Name

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Revised 4/2009

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