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1. David L.

Leitner

2. Born, Brooklyn, NY 1956

3. University of Iowa College of Law


Iowa City, IA J.D., 1979

State University of New York at Stony Brook


Stony Brook, NY B.A., History, 1976

State University of New York College at Brockport


Brockport, NY 9/74 - 8/75

4. 11/89-present Leitner Law Office, West Des Moines, Iowa.


11/88-11/89 Reilly Law Firm, Des Moines, Iowa.

11/87-11/88 Davis, Grace, Harvey, Horvath, Gonnerman and


Rouwenhorst, Des Moines, Iowa.

5/86-10/87 Staff Attorney, Allied Mutual Insurance Company, Des


Moines, Iowa.

5/83-4/86 Staff Attorney, Grinnell Mutual Reinsurance Company,


Grinnell, Iowa.

6/81-4/83 Cooper, Sinnard and Cooper, Forest City, Iowa.

8/79-6/81 Assistant County Attorney for Hancock, Kossuth,


Mitchell, Winnebago, Franklin and Floyd Counties,
Iowa.

5. No military service.

6. Editor, Tort and Insurance Law Journal, 1989-1993.


Listed in: Who’s Who in American Law
Who’s Who in Emerging Leaders in America
Who’s Who in the Midwest
Who’s Who in America
Who’s Who in The World
Chartered Property Casualty Underwriter (C.P.C.U.) 1987.
Certified Exit Planner (CExP), 2009.
7. I am presently a member of the Iowa State Bar Association. I have been a
member of the American Bar association, where I served on the editorial
board of The Tort and Insurance Law Journal, as a member of the Tort and
Insurance Practice Section Finance Committee and as chairman of its
Publications Editorial Board. I have also been a member of the Nebraska
State Bar Association and the Association of Trial Lawyers of America.

8.
Iowa Supreme Court 1979
Eighth U.S. Circuit Court of Appeals 1980
Seventh U.S. Circuit Court of Appeals 1979
United States Tax Court 2007
U.S. District Court for the Northern District of Iowa 1979
U.S. District Court for the Southern District of Iowa 1979
U.S. District Court for the Central District of Illinois 1980
United States Supreme Court 1994
Nebraska Supreme Court 2000

9. I was the founding president of the Johnston Jaycees in 1997. I served as a


member of the Johnston Comprehensive Plan Advisory Board. I have also
taught Sunday school at First Unitarian Church in Des Moines.

10. I was an author or editor of the following publications:

“Maintaining a Case Processing System”, in Iowa


Advanced Litigation Skills for Paralegals, Published by
HalfMoon (2001)

Law and Practice of Insurance Coverage Litigation,


(Editor) published by West Publishing Company (2000)

“Interpretationof Insurance Policies”, Presented at the


Annual Meeting of the American Bar Association, Atlanta,
Georgia, August 7, 1999

Attorney’s Guide to Juris, Published by American Bar


Association (1999)

Attorney’s Guide to CaseMap, Published by American Bar


Association (1999)

Employment Discrimination Litigation, Published by


American Bar Association (1999)
Insurance Coverage Law in Iowa, published by National
Business Institute (1997)

Tobacco Litigation and Insurance (Editor), published by


American Bar Association (1997)

Liability Issues in Managed Care (Editor), published by


American Bar Association (1997)

Recurring Issues in Insurance Disputes, published by


American Bar Association (1996)

Bad Faith Litigation in Iowa, published by National


Business Institute (1995)

Truck Accident Litigation and Insurance (Editor), published


by American Bar Association (1994)

“Underinsured Motorist Coverage”, in No-Fault and


Uninsured Motorist Automobile Insurance, published by
Matthew Bender and Company (1992)

“Insurance Coverage 1989” F.I.C.C. Update (August, 1989)

“Enforcing the Consumer's Reasonable Expectations in


Interpreting Insurance Contracts: A Doctrine in Search of
Coherent Definition”, 38 Federation of Insurance and
Corporate Counsel Quarterly 379395 (1988)

“Pedestrians”, in Automobile Accident Law and Practice,


published by Matthew Bender and Company (1988)

“A Constitutional Assessment of Current Punitive


Damages Law and Practice”, presented at the Annual
Meeting of the Tort and Insurance Practice Section of the
American Bar Association. Washington. D.C., May 15,
1987. Reprinted at 38 Federation of Insurance and
Corporate Counsel Quarterly 119136 (1988)

“Punitive Damages and First Party Automobile Liability


Insurance Coverages”, 54 Defense Counsel Journal 112119
(1987)
“Negligent Entrustment of a Motor Vehicle and the
Homeowner's Policy”, 35 Federation of Insurance Counsel
Quarterly 335350 (1985)

“Laetrile and the Law”, 5 Oklahoma City University Law


Review 11-35 (1979)

“Belligerent Recognition in International Law: Eritrea: A


Case Study”, 13 Towson State Journal of International
Affairs 77-96 (1979)

11. I was Judicial Hospitalization Referee in Winnebago County,


Iowa in 1982 and 1983.

12. N/A

13. I have never run for office and have never been a political party worker
or campaign worker.

14. As Assistant County Attorney, I primarily represented indigent women in


paternity cases and represented the State in child support collection matters.

From 6/81 through 4/83, I was involved in s general practice in a small County
Seat community. Thereafter, both at Allied and at Grinnell, I was involved in the
provision of legal advice and file supervision in litigated and large insurance
claims.

At Davis Grace , I was primarily involved in the defense of civil litigation and
insurance company liquidation and regulatory matters. At the Reilly firm, I was
primarily involved in representing plaintiffs in civil litigation and insurance
company liquidation matters.

From 11/89 to the end of 2003, I was engaged in a general practice


concentrating in the defense of civil litigation and representation of insurance
companies. Thereafter, I have involved in a general practice, concentrating on
civil litigation and business and estate planning.

Federal courts 10%


State courts of record 75%
Other tribunals 15%

Administrative 15%
Civil 90%
Criminal 5%

Jury 60%
Nonjury 40%
15. In Lewis v. St. Paul Fire and Marine Insurance Co., 452 NW2d 386 (Iowa 1990), I
represented the appellee, St. Paul. The case hinged on the question of when a claim
is made under a “claims made” malpractice insurance policy. The significance of
the case is that it established the definition of when a claim is made under such a
policy. I was responsible the entire case, from the district court through the
Supreme Court. I prevailed before both courts. The matter was tried before then
district court Judge Rodney Ryan.

In Farm and City Insurance Company v. Anderson, 509 NW2d 487 (Iowa 1993), I
represented appellant Farm and City Insurance Co. The case hinged on the question
of when an insured must give notice to the insurer of the acquisition of a new
vehicle in order for coverage to attach. The significance of the case is that it
determined, for the first time in Iowa, what the automatic coverage provision of an
auto insurance policy meant, and how it is to be applied. I was responsible for the
entire case, from initial filing in the district court through the Supreme Court.
Although I lost before the district court, Judge Bobbi Alpers, I prevailed in the
Supreme Court.

In Sheeder v. Boyette, 764 NW2d 378 (Iowa App. 2009), I represented the
appellant, Sheeder. The case hinged on the interpretation of Iowa Rule of Civil
Procedure 1.977 concerning default judgments. The significance of the case is that
it established a defined framework for a trial court to use in determining whether to
set aside a default judgment. I was responsible for the entire case, from the time the
motion to set aside default was filed through the Iowa Court of Appeals. Although
the trial court judges, John Lloyd and David Christensen, ruled against my client,
the Court of Appeals reversed and found in favor of my client.

16. I have never done any lobbying.

17. I taught in the on-line paralegal program of Kaplan University in 2002 & 2003.

18. No.

19. None.

20. I have not participated in any organized pro bone program.

21. None.

22. No.

23. My wife and I have filed all state and federal income tax forms on time.
24. I have not ever been a party to a bankruptcy proceeding, have no deferred
compensation plans and have only been a party to a few lawsuits, mostly
involving fee collection matters.

25. A.Yes
B. No.
C. No.
D. No
E. No.

26. i. The idea of a living constitution essentially involves the interpretation of


the constitution as a contemporary document whereas originalism seeks to divine the
original intent of the drafters. I would characterize my philosophy as being somewhere in
between the two. Where original intent is clear, it should guide, but where not clear, some
interpretation is necessary.

ii. Evolving societal standards, to the extent not inconsistent with original
intent should play a minimal role in interpreting the constitution.

iii. It is clear that the right to privacy is a “penumbral” right, not expressly
enumerated in the constitution. Generations of Supreme Court precedent
clearly so hold. In my view, there are no other such “penumbral” rights.

iv. Separation of church and state was a defining concept at the time the first
amendment was drafted. It is at the foundation of our democracy. Indeed,
this is the basis for expressly barring any religious test for office in this
country.

v. Not necessarily. The dichotomy between discreet and insular minorities


and property rights is not the correct one. The idea is that laws only
affecting those minority groups that have not had fair access to
representation in the elected branches of government should be more
carefully scrutinized is a sound one. There are, however, few such laws
and few such groups.

vi. The purpose of these provisions is to make clear that the bills of rights is
not exclusive, and that unenumerated rights, such as the right to privacy,
are retained by the people.

vii. There is such a thing as substantive due process under these constitutional
provisions. The extent and nature of this concept has been quite
thoroughly described in numerous decisions.
viii. The privileges and immunities clause of the 14th Amendment prevents any
state from denying any right that a person has by virtue of being a United
States citizen. It applies to rights protected by federal law, and not to rights
recognized by any particular state.

B: My response to these platitudes is only made in the most general terms.


There may be a state of facts that constitute excepts to the general statement, and
where those facts compel a result different than a different state of facts.
i. Agree
ii. Agree
iii. Agree
iv. Agree
v. Agree
vi. Agree
vii. Disagree
viii. Agree
ix. Disagree
x. Agree
xi. Disagree
xii. Disagree
xiii. Agree
xiv. Agree
xv. Agree
xvi. Disagree
xvii. Agree
xviii. Agree
xix. Agree
xx. Agree
xxi. Agree
xxii. Agree
xxiii. Agree
xxiv. Agree
xxv. Agree

C. Judges should not be in the business of creating rights. The courts should keep in
mind that the government has powers, not rights, that are delegated to it. The
rights of the people, except where a power to infringe those rights is delegated to
the government, are retained by the people.
D. In a court of justice, such as the district court, empathy can play a role in some
types of decisions. But, in a court of law, such as the supreme court, empathy
becomes irrelevant and the application of the law to the facts is the only activity
appropriate.
E. Judicial activism is the substituting of a judge’s political views for those
determination of the legislature. There is no place for this sort of activity. The
political views of a judge should be kept private and not be made a part of a
decision.
F. i. In the Matter of Ralph 1 Morris 1 (Iowa 1839) for recognizing the
personhood of a black man.
ii. Varnum v. Brien, because it expanded strict scrutiny analysis to behavior
based classifications
iii. Ex Parte Milligan, 71 U.S. 2 (1866) because it limited the authority of the
president to suspend habeas corpus and impose martial law
iv. Swift v. Tyson, 41 US 1 (1842) because it permitted federal courts to make
decision based on state law without regard to that law.
H. A precedent should be overturned when it is manifestly wrong, the underlying
statute has changed rendering it obsolete or where the constitution has been
amended to render it nugatory.
I. Very little, except in cases where necessary to determine the founders’ intent.
J. Legislative history is relevant when the text of a statute is unclear or ambiguous.
It is entirely appropriate for a court to render a decision based upon public policy,
but only when that policy has been clearly enunciated by the legislature.

27. I believe I am a qualified candidate for the position of Supreme Court Justice
because I bring with me a proven record of scholarship, a broad background
representing the people of Iowa across a wide spectrum. Perhaps most
importantly, though, I have absolutely no political agenda whatsoever. Although I
am registered as a democrat, so I can participate in the presidential caucuses, I
have never contributed to a party or a candidate, have never worked for a party or
a candidate, and have never voted a straight party ticket. My involvement in the
political process has been limited to voting on a regular basis. I believe I can fully
and fairly evaluate all sides of an issue, and make decisions based solely on the
law, even where my personal views may be at odds with it. I do not believe it
would be appropriate to permit my personal views to color my judicial decision
making.