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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 SHEET that corresponds to the specific vacancy for which you are applying. Colorado Supreme Court (designate vacancy for which application is being made) 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.
1. Full Name: 2. Birth year: Frederick Thomas Martinez 1962 Yes 16954
3. Are you a United States citizen? 4. Attorney Registration Number: 5. Work Address:
Hall & Evans, LLC, 1125 17th Street, Suite 600, Denver, Colorado 80202 (303) 628-3302
6. Telephone (w):
7. List your place of residence for the past five years. State Colorado
of Castle Pines
B. EDUCATIONAL BACKGROUND
8. List the names and locations of schools attended, beginning with high school.
Mitchell High School Colorado College University of Colorado School of Law 9.
Colorado Springs, Colorado Colorado Springs, Colorado Boulder, Colorado
1978-1980 1980-1984 1984-1987
High School Diploma Bachelor of Arts Juris Doctorate
List scholarships, awards, honors, and citations you received during college and law school. Colorado College: Dean's List, 1982, 1983, 1984; University of Colorado School of Law: Counsel on Legal Education Opportunity (CLEO) Scholarhip recipient (1984-1986); CLEO student instructor (1986); CU Law School - Diversity Scholarship Program and student instructor (1986-1987); President of the Hispanic Law Student Association (1987).
BACKGROUND AND EXPERIENCE
Give the same
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.
State U.S. U.S. State U.S. State of Colorado District Court, District of Colorado Tenth Circuit Court of Appeals of Nebraska District Court, District of Nebraska of Wyoming
1987 1994 1994 2000 2001 2007
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.
Member at Hall & Evans, LLC: 1999- present. There are currently 62 lawyers in the firm. (See attached.) My practice is primarily focused on the defense litigation of individuals, professionals and transportation corporations. Specifically, I litigate matters involving railroads, professional responsibility, and general tort litigation. I am National Coordinating Counsel for the BNSF Railway Company involving litigation throughout the United States. Many of these cases are governed by the Federal Employer's Liability Act (FELA). However, this work also lends itself to claims associated with the Americans with Disabilities Act (ADA), employment discrimination and property damage. I also handle disciplinary matters before the Attorney Regulation Counsel and the Colorado Supreme Court. Additionally, I have been appointed as a Practice Monitor with the approval and request of Attorney Regulation Counsel and the Presiding Disciplinary Judge of the Colorado Supreme Court. These duties include oversight, mentoring, monitoring and reporting an attorney's compliance with the Presiding Disciplinary Judge's Orders regarding the admission to the Colorado State Bar. Eightyfive percent of my practice is related to FELA, ADA and general tort litigation. The remainder of my practice involves my role as a Practice Monitor and disciplinary matters before the Presiding Disciplinary Judge of the Colorado Supreme Court.
12. If you have a subspecialty The Federal Employer's
in any major types oflaw
listed in number 11, what is your subspecialty? matters.
Liability Act (FELA) and attorney disciplinary
13. List other areas of law in which you have practiced.
In 1986 I began my employment as a student/attorney with the Colorado State Public Defender's Office. In 1987 I began my full time employment with the Colorado State Public Defender's Office. I managed all phases of an adult felony caseload, ranging from Class 1 to Class 6 felonies, including first degree murder. I also acted as a senior attorney who was responsible for supervising attorneys and interns assigned to the Denver Juvenile Court.
14. Have you practiced in the appellate courts of Colorado within the past five years?
the number and the types of matters handled. Revised
If so, please state
Yes. Nichols v. Burlington Northern and Santa Fe Railway Company, 148 P.3d 212 (Colo. App. 2006). Nichols v. Burlington Northern and Santa Fe Railway Company, 06 SC 413 (Colo. 2006) (cert. denied 128 S. Ct. 93; 169 L. Ed. 2d 21 (2007). The appeal involved the role of the judge and jury when addressing issues associated with a person's pre-existing condition, the apportionment of the condition and the use of Special Verdict forms.
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. Ninety-five percent of my practice involves litigation. I act as lead counsel in matters before Colorado State and Federal Courts. Most of this work is in the defense of railroads and transportation companies in matters involving the Federal Employer's Liability Act (FELA), the Americans with Disability Act (ADA), contractual disputes and employment related claims involving collective bargaining agreements. The remainder and most enjoyable aspect of my practice is defending attorneys and specifically district attorneys in matters pending before the Office of Attorney Regulation Counsel and the Presiding Disciplinary Judge of the Colorado Supreme Court.
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: People v. Dominique Waples-Trefil I Case No. 2010 PDJ 131
Presiding Judge: Judge William R. Lucero
Phone: (303) 866-6658
List name(s) and telephone number(s) for opposing counsel: Adam Espinosa; Telephone: (303) 866-6478 List name(s) and telephone number(s) for co-counsel:
Briefly describe the case and your involvement: I served as chief counsel defending an Assistant Deputy District Attorney who was alleged to have committed ethical violations involving false statements to a tribunal and opposing counsel. I was responsible for the factual and legal investigation, responding to Requests for Investigation from a Denver District Court Judge and a criminal defense attorney, all aspects of discovery, motions practice and the hearing before the Presiding Disciplinary Judge and Panel.
Case NamelNumber: Rivas v. BNSF Railway Company I Case No. 2010 CV 624 Presiding Judge: Judge Brian R. Whitney Phone: (720) 865-8306
List name(s) and telephone number(s) for opposing counsel: James Cox; Telephone: (303) 759-3500
List name(s) and telephone number(s) for co-counsel: Revised 4/2009
Bryce D. Allen; Telephone: (303) 271-6800
Briefly describe the case and your involvement:
I had first chair responsibility associated with an employee's FELA lawsuit.
This included all aspects of factual/legal investigation, conducting discovery, motions practice and the jury trial itself. The plaintiff was a conductor on a BNSF train which derailed as a result of criminal conduct. The claims involved allegations of serious bodily injury, post-traumatic stress disorder and the inability to return to work. Since this case involved issues associated with potential terrorism and the spillage of hazardous waste, there was significant coordination and investigation with local, state and national law enforcement entities.
Case NameINumber: Fast v. BNSF Railway Company / Case No. CI 09 308 Presiding Judge: Judge Randall L. Lippstreu Phone: (308) 436-6660
List name(s) and telephone number(s) for opposing counsel: Retired Chief Judge, Robert O. Hippe; Telephone: (308) 633-4444 List name(s) and telephone number(s) for co-counsel: N/A
Briefly describe the case and your involvement: I had first chair responsibilty associated with an an employee's FELA lawsuit. This included all aspects of factual/legal investigation, conducting discovery, motions practice and the jury trial itself. The plaintiff alleged permanent injuries to one of his eyes and his lumbar spine as a result of unanticipated explosion of air from a canister/filters on a locomotive.
4. Case NameINumber: McLaughlin v. BNSF Railway Company / Case No. 2008 CV 10718 Presiding Judge: Judge Catherine A. Lemon Phone: (720) 865-8611
List name(s) and telephone number(s) for opposing counsel: John Rossi; Telephone: (303) 759-3500 List name(s) and telephone number(s) for co-counsel: Anthony M. Nicastro; Telephone: (303) 293-3264 Briefly describe the case and your involvement: I had first chair responsibilty associated with an an employee's FELA aspects of factual/legal investigation, conducting discovery, motions itself. The railroad employee alleged permanent injuries to his spine, resulted in four separate surgical procedures. He claimed that these defective handbrake on a locomotive. lawsuit. This included all practice and the jury trial abdomen and groin which injuries were a result of a
Case NamelNumber: Lucero v. BNSF Railway Company / Case No. 2009 CV 3506 Presiding Judge: Judge Brian R. Whitney Phone: (720) 865-8306
List name(s) and telephone number(s) for opposing counsel: Martin Jackson; Telephone: (303) 816-5714 List name(s) and telephone number(s) for co-counsel: Bryce D. Allen; Telephone: (303) 271-6800 Briefly describe the case and your involvement: I had first chair responsibilty associated with an an employee's FELA lawsuit. This included all aspects of factual/legal investigation, conducting discovery, motions practice and the jury trial itself. The employee claimed permanent disabling injuries to his upper extremities as a result of operating an alleged defective piece of railroad equipment while at work.
17. Summarize your experience in adversary proceedings before administrative boards or commissions.
I defend lawyers who have been accused of violating the Colorado Rules of Professional Conduct. Once the allegation is made, an intense legal and factual investigation must immediately ensue. Usually, within twenty days a formal response must be generated to the Office of Attorney Regulation Counsel. These matters are often resolved prior to the formal filing of a Complaint. However, in the event that a Complaint is filed, I will defend the attorney before the Presiding Disciplinary Judge and Panel. Although I represent attorneys throughout the State of Colorado, I usually represent district attorneys. Additionally, I have been appointed to act as a Practice Monitor in matters before the Presiding Disciplinary Judge and the Office of Attorney Regulation Counsel. My role is to act as a neutral detached monitor/auditor and counsel to attorneys who have matters pending before those entities. Therefore, I will report the progress of the attorney identify whether he or she is in compliance with the stipulated agreements, terms of probation, or court order.
18. List any law related lectures, speeches, or other presentations you have given and any such books or
articles you have authored. "Effective Discovery for BNSF." (September, 2010); "Current Ethical Issues Facing Prosecutors: Jefferson County District Attorney's Office." (May, 2010); "BNSF Railway Company Special Agent 2010 Legal Update;" "Representing an Organization as a Party in Dispute." 80th Annual Meeting of the Association of Transportation Law Professionals. (June, 2009); "Utility of BNSF Railway Company's Vocational Rehabilitation Program in FELA Litigation." (May, 2009); "Legal Update: Special Agents and the Democratic National Convention - 2008;" "2008 Occupational Claims Seminar: Special Issues with National Hearing Loss Litigation;" "Public Information: Protecting Your Case" for the Jefferson County Government Counsel and Public Information Officers. (2007); "Overview of the ARC Process" at the 2004 Colorado District Attorneys Counsel Meeting; "Ayers and Beyond" at the 2004 Occupational Claims Seminar;
"Special Verdict Form" at the 2002 BNSF Law/Claims Conference; "Discovery Techniques in Civil Litigation" 2002 Continuing Legal Education; "Trial Advocacy" at the University of Denver Law School. (2002); "Professional Responsibility" at the University of Colorado, School of Law. (2001); "Special Agents and Corporate Liability." (2000); "Anatomy of Personal Injury Litigation." (2000).
19. List your prior professional or business employment since completion of your formal education (include dates). 1999 to Present: Member, Hall and Evans, L.L.C., Denver, Colorado. -State and Federal litigation practice primarily involving the Federal Employer's Liability Act on behalf of the Burlington Northern and Santa Fe Railway Company, the Union Pacific Railroad Company, Amtrak and various short-line railroads. 2000: Attorney, Office of Attorney Regulation Counsel, Denver, Colorado. -Investigate and prosecute Colorado attorneys that potentially violate the Colorado Rules of Professional Conduct. 1994 to 1999: Partner, Knudsen, Berkheimer, Richardson and Endacott, Denver, Colorado. -State and Federal litigation practice primarily involving the Federal Employer's Liability Act on behalf of the Burlington Northern and Santa Fe Railway Company. 1986 to 1994: Senior Attorney and Supervisor of Denver Juvenile Court Attorneys, Colorado State Public Defender's Office, Denver, Colorado. -Manage all phases of an adult felony caseload, ranging from Class 1 to Class 6 Felonies, including First Degree Murder. Supervise attorneys and interns assigned to the Denver Juvenile Court. 1985-1986: Colorado. Professor's Assistant and Tutor, University of Colorado, School of Law, Boulder,
20. If you have not been employed continuously since completion of your formal education, describe generally what you were doing (include dates). N/A
D. PROFESSIONAL AND PUBLIC SERVICE
21. List activities in professional associations, including offices held, committees, awards, honors, and
citations (include dates). Colorado Bar Association (1987 - present), Nebraska Bar Association (2000 - present), Wyoming Bar Association (2007 - present), Colorado Defense Lawyers Association (2011 - present), National Association of Railroad Trial Counsel (1994 - present).
22. List your activities in civic and charitable organizations, including offices held, awards, honors, and citations (include dates).
Judicial Appointment to Detention Oversight Committee, Denver, Colorado (1990 - 1993); Parishioner, Christ's Episcopal Church (1997 - present); Member of the School Advisory Committee for the Renaissance Montessori Academy (1997 - 1998); Supreme Court Committee Member Re: The Unauthorized Practice of Law (1998 - 2000); Discernment Committee for Christ's Episcopal Church (2001-2003); Youth soccer coach for the Centennial Soccer Club (2000-2008); Volunteer at Urban Peaks and the Denver Rescue Mission (2000 - 2002); Pro bono committee coordinator for Hall & Evans as well as pro bono attorney (2008 - 2011). 23. List all public offices to which you were appointed or elected (include dates served). any military or other public service? If so, please give details. N/A. Have you had
TO COMPLY WITH JUDICIAL CODE OF CONDUCT
in the Colorado
to the bench, you will be required to comply with the canons contained Code of Judicial Conduct. on Judicial Discipline and its function?
24. Are you familiar with the Commission
25. Do you understand a judge is required to file reports of compensation judicial activities in conformance with the Code of Judicial Conduct?
26. Do you understand 202, C.R.S.)? Yes.
that a judge must comply with the Public Official Disclosure
Law (Section 24-6-
27. If you are now active in partisan politics, would you cease such activity if you are appointed
judicial office? Yes.
28. Are you now an officer or director of any business organization management of any business enterprise? If so, please give details. No.
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
Yes. I utilize a wide range of computer teclmology on a daily basis to draft and manage pleadings, correspondence, e-rnails, and various electronic case materials. I am proficient with Microsoft Word, Outlook, PowerPoint, Adobe, and Excel; Internet Explorer; Lexis research; and Summation. I also maintain a national database for matters where I act as National Coordinating Counsel.
30. Have you ever been cited for contempt of Court?
If so, please give detail
31. Describe how you spend your leisure time (including vacation activities). special interests, hobbies, reading preferences,
My family is my joy and number one priority. I enjoy spending my time with my wife, son and daughter. When they have an event I have an event. I am either the proud parent, supportive husband or the person who is there and always willing to help. When my daughter rides horses, I am grooming, cleaning stalls and cheering her on. When my son runs a cross country race, I am taking photos, helping with stretch and strengthening exercises and remembering myoid glory days. When my wife gardens, I am there to assist and take in the beauty and fragrance of our lavender plants. Meanwhile, our Australian Shepherd, Luna, is a loyal family member. She and I have learned to communicate with hand signals, participate in agility courses and share quiet walks with one another. Together we share the intimacies and happiness of a very close family.
Personally, Ihave found that ifI exercise my body and my mind are at ease. Ihave been a runner my entire life. Although I was captain of my cross country team and ran track throughout high school, I no longer compete. Today, I run for the sheer pleasure of accomplishment, the endorphin stimulation and the calming fatigue that follows. I have also been practicing yoga for the past six years. This practice involves a focused discipline of the mind and body that transcends the exercise itself. On the surface, I have found increased strength, balance and flexibility. However, I am devoted to taking these same attributes and applying them to my daily experience. Learning how to stay focused in stressful situations, recognizing our inner strength and adapting to new and challenging situations has become an essential part of my life. I usually read serious fiction that involves the human spirit. John Steinbeck's, East of Eden and Carson McCullers', The Heart is a Lonely Hunter, and Lysistrata by Aristophanes are some of my favorite literary works. East of Eden beautifully illustrates the complexities of human relationships and the ability to find the transcendent goodness of the human condition. The Heart is a Lonely Hunter, also describes the personal realities that we create for ourselves and how we project them onto one another. My favorite quote from this book, "Resentment is the most precious flower of poverty," demonstrates how our environment shapes our perspective. Finally, Lysistrata is an example of women's untapped ability to bring perspective and influence to the historical warring factions of men. The non-fiction book that sits on my nightstand is The Rise and Fall of the Third Reich by William L. Shirer. I can only read small portions of this book at a time. It requires a great deal of reflection and contemplation regarding how one person, a group and a society evolved into evil through justification and death.
32. List the names of no more than five individuals from whom you are requesting a letter of reference.
Scott Storey, Jefferson County District Attorney Revised
Mitch Morrissey, Denver District Attorney Thomas L. Beam, Esq. Daniel P. Gerash, Esq. Judge William Robbins.
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.
During my twenty-five years of experience of legal experience, I have developed the ability to identify the needs of people at all levels and then to act as an effective legal advocate. As a public
defender, I reached across socio-economic lines to understand the despair of indigent persons, many of whom had been accused of committing heinous crimes. As a lawyer in private practice with corporate clients, I learned to listen to the individual while advocating the core principles of the corporation, and then communicate the policy ramifications and pragmatic implications of our legal process. In my subspecialty regarding ethics, I have defended district attorneys throughout the State of Colorado in professional responsibility matters. Regarding my pro bono work, I am most proud of my ability to assist an immigrant tailor who was being evicted from her home. In addition to my advocacy skills, I bring significant litigation experience and perspective to the bench. I have litigated over sixty-five trials to conclusion. In 2011 alone, I tried four separate matters to conclusion. Eighty percent of my cases have resulted in not guilty verdicts, defense verdicts, reduction to lesser charges, or reduced damage awards. Additionally, I am acutely aware of creating an evidentiary record for appeal while maintaining the decorum of the court. During my career I have authored or coauthored the briefs associated with ten published opinions in the State or Federal Courts of Colorado. My diverse legal background as well as my personal socioeconomic and cultural biography allows me to see the multiple sides of any issue. I have tried cases in a small conference room in
Wiggins, Colorado as well as in the marble-floored rooms of the Federal Courts in downtown Denver. I am equally at ease speaking with a Fortune 500 executive as well as a laborer. For many years my daily
opponents were the district attorneys throughout the state. Now, I am invited to present Continuing Legal Education seminars at their offices and am called upon to defend them in matters involving the Rules of Professional Conduct. I was raised in a loving environment with a single mother. With the assistance of food stamps, low-income housing and Medicaid, I excelled throughout my education. Today, this varied background helps me to see any issue from many perspectives, without losing sight of the heart of the matter or the special light within each of us.
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 t~ion given in this application is correct and complete. //-
_~7:......,L..1-L/..JOo.2~,4~/ ( __
Signature ofApplieant-c, __ "'-Frederick Thomas Martinez prihLQ!. Type Name
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.
Frederick Thomas Martinez Print or-Type Name
Revised 4/2009 12
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