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LEANNA WEISSMANN Application for Summer 2020 Vacancy Indiana Court of Appeals

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Page 1: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Application for Summer 2020 Vacancy

Indiana Court of Appeals

Page 2: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

TABLE OF CONTENTS1

PART ONE, SECTIONS 1-11 .................................................................................................. 1-31

1. Contact/General Information ............................................................................................. 1-2

2. Secondary Education/Military Experience ............................................................................ 3

3. Post-Secondary Education ................................................................................................... 4

4. Employment ..................................................................................................................... 5-9

A. Employment History .................................................................................................. 5-7

Current Employment ................................................................................................ 5

Previous Employment ........................................................................................... 6-7

B. Nature and Extent of Practice .................................................................................... 7-9

5. Trial/Judicial Experience ............................................................................................. 10-11

A. Jury Trial Experience ................................................................................................... 10

1 The table of contents contains internal hyperlinks. CTRL plus ENTER will take the reader to the portion of the

application listed in the table of contents.

LEANNA WEISSMANN

Application for Summer 2020 Vacancy

Indiana Court of Appeals

Page 3: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

B. Bench Trial Experience ............................................................................................... 10

C. Judicial Experience ...................................................................................................... 11

6. Professional Experience ............................................................................................... 12-17

A. Examples of Appellate Briefing ............................................................................ 12-13

B. Examples of Contribution to Legislative Action or Court Rules ................................ 14

C. Contributions to Legal Journals ................................................................................... 14

D. Most Significant Legal Matters ............................................................................. 15-17

7. Efforts to Improve the Legal System,

Administration of Justice, or Society............................................................... 18

A. Improvement of Law ................................................................................................... 18

B. Civic and Social Issues ................................................................................................ 19

Social/Political Issues .................................................................................................. 20

C. Achievements and Contributions ........................................................................... 21-22

D. Pro Bono Services........................................................................................................ 23

E. Experiences Teaching Law .......................................................................................... 24

8. Memberships and Other Activities .............................................................................. 25-28

A. Professional Organizations .................................................................................... 25-26

B. Service Organizations .................................................................................................. 27

C. Social Clubs ................................................................................................................. 27

D. Leisure Activities ......................................................................................................... 28

9. Legal Proceedings .............................................................................................................. 29

Page 4: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

10. References ........................................................................................................................... 30

11. Signature ............................................................................................................................. 31

Page 5: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

Part One, Sections 1-11

1. Contact/General Information

A. Full legal name and any former names.

Leanna Kay Weissmann (married name since 6/26/93)

Leanna Kay Rector (maiden name)

B. State the full name (use initials for minor children), age, and relationship of each

person residing in your household. For each adult living in the household (other than yourself), also state the person’s occupation and employer.

Husband

Robert Charles Weissmann, age 50

Director of Engineering for Matthews - Aurora Funeral Solutions

C. Business address, email, and telephone number.

P.O. Box 3704 Lawrenceburg, IN 47025

[email protected]

812-926-2097

812-584-2942 (Cell)

D. Attorney number.

18214-49

E. Month and year you were admitted to the Indiana Bar.

October 1994

LEANNA WEISSMANN

Application for Summer 2020 Vacancy

Indiana Court of Appeals

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Page 6: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

a. Indicate current law license status, i.e. active/inactive/retired.

Active

b. If you are or have been a member of the Bar of any other state, identify the

jurisdiction and provide date(s) of admission and current license status.

June 19, 2006

Admitted to United States Supreme Court Bar, active.

F. Date and place of birth.

October 12, 1969, Aurora, Indiana (Dearborn County)

G. County of current residence and date you first became a resident.

Dearborn County, 10/12/69

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Page 7: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

2. Secondary Education/Military Experience

A. List all undergraduate colleges and universities you attended. Include the school name; dates enrolled; degree or certificate earned; and any academic honors, awards, or scholarships you received and when.

August 1987 – May 1991

Indiana University, Bloomington

Cum laude with dual Bachelor of Arts in Journalism and English

Awards Received

IU alumni scholarship August 1987

Louis B. Edwards October 1988

Award of Excellence in Journalism

B. Include with your original application a certified transcript from each school named in Subsection 2A, and attach copies of each transcript to each application

copy. (If your social security number is on your transcripts, redact it before copying.)

Certified transcript is attached.

C. If applicable, list any military service. Include the name of the military branch; dates of service; last rank achieved; and any honors, awards, or commendations received and when. Attach a copy of your Certificate of Release or Discharge

from active duty (“DD 214” paperwork).

N/A

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Page 8: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

3. Post-Secondary Education

A. List all law schools, graduate schools, and post-J.D. programs attended. Include the school name; dates enrolled; degree or certificate earned; class rank; and any academic honors, awards, or scholarships you received and when.

August 1991-May 1994

School Dates Enrolled Degree/Class Rank

Ind. University August 1991 - May 1994 JD 32/233 (top 12%)

School of Law cum laude

Indianapolis

B. Include with your original application a certified transcript from each school

named in Subsection 3A and attach copies of each transcript to each application copy. (If your social security number is on your transcripts, redact it before copying.)

Certified transcript is attached.

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Page 9: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

4. Employment

A. Provide your employment history since graduation from college. Include name of employer, titles or positions, locations, and dates of employment.

CURRENT EMPLOYMENT

1. Lawyer: August 1995 - present

Hoosier Appeals by Leanna Weissmann, Lawrenceburg, Indiana

• Solo Practitioner.

• Brief appellate cases in all areas of law.

• Completed approximately 400 appeals including 2018 victory in United States Supreme Court.

2. Professor: January 2013 - present

Ivy Tech Community College, Lawrenceburg, Indiana

• Adjunct professor.

• Teach four classes per semester on civil procedure, basic legal research, and criminal procedure.

3. Commissioner: January 2013 - present

Indiana Supreme Court Disciplinary Commission

• Meet monthly with fellow commissioners.

• Review disciplinary cases and determine charges.

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Page 10: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

PREVIOUS EMPLOYMENT

1. Gubernatorial Appointed Trustee: 2006 - 2008

• Governor Mitch Daniels appointee to the Criminal Justice Institute.

• In my service on this board, I helped administer federal grant funds for criminal justice programs. https://www.in.gov/cji/2387.htm

• During my time on the board, the trustees were called to fire the director following a probe into missing funds. https://www.wthr.com/article/two-state-

officials-fired

2. Judicial Referee: July 2000 - December 2006

Hon. G. Michael Witte - Judge of Dearborn Superior #1

• Heard landlord tenant claims.

• Decided small claims disputes, presiding over pro se civil trials.

• Conducted initial hearings for criminal defendants.

• Sat in for judge in his absence.

3. Appellate Law Clerk: April 1994 - August 1995

Hon. Robert D. Rucker - Indiana Appellate Court Justice

• Law Clerk (during Judge Rucker’s tenure on Indiana Court of Appeals).

• Prepared draft opinions and oral argument bench briefs.

4. Civil Litigation Law Clerk: May 1993 - January 1994

Curtis Dickinson, Attorney at Law, Carmel, Indiana

• Law clerk for civil insurance attorney.

• Drafted motions and assisted with discovery responses.

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Page 11: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

5. Civil Litigation Law Clerk: May 1992 - September 1992

Michael Bishop, Attorney at Law, Indianapolis, Indiana

• Law clerk for civil litigation and family law attorney.

• Reviewed discovery and drafted motions.

• Assisted in trial preparation.

6. Reporter: May 1989 - August 1991

Register Publications, Lawrenceburg, Indiana

• Reporter.

• Wrote news articles and a weekly humor column.

B. If applicable, describe the nature and extent of your practice of law (present and

former), and provide the names of your partners, associates, office mates, and employers.

My diverse law practice and legal experience spans decades beginning with my

appellate clerkship while a third-year law student.

1999 – present: Solo Practitioner

• Represent criminal defendants and civil litigants in Indiana appeals.

• Draft wills and powers of attorneys (pro bono).

• Operate a pro bono program through my practice at https://www.hoosierappeals.com/.

• Drafted and filed briefs in more than 400 appeals (70% criminal; 30% civil).

• Presented more than 20 arguments in the Indiana Court of Appeals and Indiana Supreme Court.

• Won a reversal from the United States Supreme Court in 2018 on a Fourth Amendment issue.

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Page 12: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

1994 - 1996: Appellate Law Clerk

EMPLOYER: Judge Robert Rucker, Indiana Court of Appeals

• Drafted opinions and bench briefs.

o Working with Judge Rucker not only educated me on the extensive reach of the law but also engendered within me an appreciation of

the long-reaching impact of the work of the Indiana Court of Appeals.

My favorite assignment as a clerk concerned Indiana’s necessity

defense which was acknowledged in common law but not yet codified in Indiana when Judge Rucker asked me to research the issue for Toops v. State, 643 N.E.2d 387 (Ind. Ct. App. 1994).

Defendant Toops had taken control of a car careening out of control when the driver abandoned his position at the wheel while speeding down a highway. Because Toops’s license was suspended, he’d been convicted of unlawfully operating the motor vehicle by bringing the

car to a safe stop. He insisted he should have been allowed to present a defense of necessity to the jury to excuse his otherwise criminal behavior.

In 1994, research was not done digitally. Journeying to the law

school library, I scanned numerous dusty tomes of legal books containing disputes long lost to the annals of history. I finally uncovered United States v. Holmes, 26 Fed.Cas. 360 (C.C.E.D.Pa.

1842) which involved the death of 12 men who’d survived the sinking of their ship only to be flung from the overcrowded lifeboat into the sea to save the remaining passengers, mostly women and children. This case explained the use of the necessity defense which we used in

Toops to explain how his acts were justified to save life or limb.

Indiana has since codified the necessity defense into our statutes.

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LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

1996 – 1999: Associate

Lane Siekman, Attorney at Law

• Shared office space with attorney Lane Siekman in Rising Sun, Indiana.

• Operated a general practice, representing clients in civil disputes, bankruptcy, divorce, criminal defense, and real estate matters.

• Attended court regularly, trying hundreds of cases to the bench and completing three jury trials.

• Served as Ohio County Public Defender from 1996 through 1998.

o While representing hundreds of clients in the smallest county of our

state, I developed a real appreciation for the impact an attorney makes on the lives of the clients she touches.

2000 – 2006: Judicial Referee

Dearborn Superior Court #1

• Worked two mornings a week, hearing thousands of small claims cases and protective order disputes.

• Advised hundreds of defendants of their rights during initial hearings.

o Part of my job was to read defendant’s their rights and inform them of the charges against them. The repetition of reading those rights

reinforced the importance of the Constitution on a weekly basis.

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Page 14: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

5. Trial/Judicial Experience

A. Describe the extent of your jury trial experience, if any.

1996 - 1999

• Tried three felony criminal cases.

o My very first criminal trial challenged me in jury selection because my client had been accused of publicly battering his wife. The

evidence was damaging and to fully represent my client’s interests, I had to carefully vet the jury to ensure emotions wouldn’t dictate the verdict. After my client was convicted, I worked to ensure he received a sentence commensurate with his crime.

o My second criminal trial involved a theft by a client who was very vocal in his representation. Though he gave insightful input during jury selection, he proved a challenge during examination of witnesses as he continually whispered suggestions from counsel table. Though

the jury did convict, we convinced the judge to enter a time served plea.

o My third jury trial involved a man accused of public intoxication and battery on a police officer when my client stumbled into the officer

and injured her face. As one can imagine, jury selection proved challenging in that I had to seat a jury who would not be emotionally charged by the injury to an officer. The jury acquitted my client of battery, finding the act unintentional given my client’s intoxication.

My client was convicted of public intoxication and sentenced appropriately for his crime.

B. Describe the extent of your bench trial experience, if any.

• Though I now concentrate on appeals, at the start of my practice, I attended court regularly, trying hundreds of cases to the bench.

o As a small-town practitioner, my clients challenged me to become competent in many areas of the law. I tried several contentious divorce cases with custody issues. Several of my cases involved personal injury and real estate property boundaries. I also performed

collections work, requiring regular bench trials.

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Page 15: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

C. If applicable, describe the nature and extent of your judicial experience (including

as a judge pro tempore). Include a description of your experience presiding over

jury trials, if any.

2000 - 2006

Referee for the Dearborn Superior Court

• Worked two mornings a week, hearing thousands of small claims cases and protective order disputes.

o This period of my career gave me an interesting perspective into how the legal system impacts the rights of everyday citizens. I often had to

use a calming influence and intense listening skills to diffuse emotionally charged situations. During one particularly tense hearing, I had to break apart two litigants who almost came to fisticuffs over a dog. Many times, I passed tissues to litigants who

were testifying about the unraveling of their lives.

• Advised hundreds of defendants of their rights during initial hearings.

o Part of my job was to read defendant’s their rights and inform them of the charges against them. The repetition of reading those rights

reinforced the importance of the Constitution.

2014 - present

Indiana Supreme Court Disciplinary Commission

• Sat as a hearing officer on two attorney reinstatement cases.

o Within the first three years of my tenure on the commission, the

o Supreme Court amended this rule and now reinstatement cases are

heard by appointed hearing officers. However, before the rule change, I served as the hearing officer to determine if two attorneys should have their licenses reinstated. I recommended for reinstatement for one attorney and against for the other based on

evidence presented at the hearing.

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Page 16: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999

LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

6. Professional Experience

Include as writing samples, four selections (in total) from the written materials listed below in Subsections 6A – 6C.

The writing samples are included at the end of the materials.

SAMPLE #1

Brief on Remand Marcus Zanders v. State Cause No. 15S01-1611-CR-00571

Filed: August 17, 2018

SAMPLE #3

Brief of Appellant Ferrand v. CMS, LLC Cause No. 19A-PL-01947

Filed: November 26, 2019

SAMPLE #2

Transfer Petition N.B. v. State Cause No. 19A-JV-1659

Filed: February 19, 2020

SAMPLE #4

Transfer Petition Salyer v. Wash. Baptist Cemetery

Cause No. 19A-PL-00243 Filed: December 15, 2019

A. If applicable, list up to five trial or appellate briefs and/or judicial opinions you have

written.

I have filed more than 400 briefs and transfer petitions with the Indiana Court of

Appeals and Indiana Supreme Court. The following list reflects some of my more

recent filings.

1. Brief in Response to Transfer Petition

Hoagland Family Ltd P’ship v. Town of Clear Lake

Appellate Cause No. 18A-PL-02088

Filed: November 4, 2019

Synopsis: This case concerned judgment totaling almost $400,000 against homeowners following a sewer dispute. Judgment was reversed and petition to

transfer was denied.

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LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

2. Civil Brief of Appellee and Cross Appellant’s Brief

James Ayers v. Terry Huber

Appellate Cause No. 19A-PL-02480

Filed: February 14, 2020

Synopsis: This case involved an international dispute over a Canadian hunting lodge and debts incurred flowing from this venture. Case is still pending.

3. Brief for Pauper Parent in Parental Rights Termination

In the Matter of F.A. et. al. v. Ind. DCS

Appellate Cause No. 19A-JT-02570

Filed: January 22, 2020

Synopsis: I am often called on to represent indigent parents following parental rights termination judgments. This case involved due process concerns and is still pending.

4. Civil Brief of Appellant

Kathy Salyer v. Washington Baptist Church Cemetery

Appellate Cause No. 19A-PL-00243

Filed: April 17, 2019

Synopsis: This case involved the interpretation of Indiana’s burial laws in a matter

of first impression. The case is pending transfer.

5. Civil Brief of Appellant

Stroud v. Stone

Appellate Cause No. 18A-CC-1722

Filed: November 13, 2018

Synopsis: This case established the triggering timeframe for a payable on demand note.

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LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

B. If applicable, list up to five legislative drafts or court rules you have written or to which you contributed significantly. Refer to them by official citation, date, and subject matter.

1. 2002: Revision to pattern jury instructions.

• Louallen v. State, 778 N.E.2d 794 (Ind. 2002) led to a revision in the Indiana

pattern jury instructions to clarify the mens rea standard in child molestation cases.

2. 2009: New standards re: protected person’s statute.

• My work in Tyler v. State, 903 N.E.2d 462 (Ind. 2009) created a new application

of the protected person’s statute.

3. 2010: Definition of briefly for school zone enhancements.

• In Gallagher v. State, 925 N.E.2d 350 (Ind. 2010), the Supreme Court held a

combined oral argument with Griffin v. State, 925 N.E.2d 344 (Ind. 2010). During

rebuttal for Gallagher, I posited to the Court a definition of “briefly” as it related

to school zone enhancements. In its opinion in Griffin, the Supreme Court

adopted my proposal.

4. 2014: Changed the waiver status for late appeals.

• In In Re: O.R., 16 N.E.3d 965 (Ind. 2014), I successfully argued for new

guidelines for timely appeals.

C. If applicable, list up to five of your contributions to legal journals or other legal publications. Provide titles, official citations, and a brief description of the subject matter.

2020

Appellate Issues, the ABA's Council of Appellate Lawyers, An Independent Judiciary, The Shield of a Free Society, by Leanna Weissmann.

This article discussed the importance of the judiciary remaining independent from the other three branches of government. The article covered a presentation at the annual meeting of the Appellate Judges Education Institute.

https://www.americanbar.org/groups/judicial/publications/appellate_issues/2020

/winter/an-independent-judiciary-the-shield-of-a-free-society/?fbclid=IwAR2nQMKKLc_oeTT7-2g0CifbtoOYO3Zdcsz5gr8BQwhHUxXlkZaK2DusPqk

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LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

D. Identify the five most significant legal matters entrusted to you, whether as a judge or lawyer, and describe why you believe them to be so.

1. 2014 - present: Indiana Supreme Court Disciplinary Commission

• I serve as a commissioner on the Indiana Supreme Court disciplinary commission, working alongside eight other commissioners to build

consensus. The commission meets monthly to determine if attorneys should be charged with ethical violations.

• In 2018, I chaired the commission as we drafted and released our first advisory opinion. With my background in Journalism and English, I was given the task by my colleagues of creating the first draft of the opinion and

devising the format for future opinions. My colleagues then made notable changes, making the opinion truly a collaborative effort which was released to the public on April 9, 2018. See

https://www.in.gov/judiciary/discipline/2413.htm

• Additionally, before the Supreme Court amended the rule on appointment of hearing officers, I presided over two attorney reinstatement matters.

SIGNIFICANCE: This experience has changed the approach I take to my legal practice by instilling in me a desire to train attorneys in the high standards of our

profession. With notable exceptions, the legal practice is filled with eager professionals who want to do the right thing. I am currently working with the Indiana State Bar Association on a program to educate newly barred attorneys on how to start a practice within ethical parameters.

2. 2018: Marcus Zanders v. Indiana (US Supreme Court #17-166)

• Represented client from first appeal through victory in the United State

Supreme Court.

• Case concerned the privacy of cell phone location records, an issue which had split the federal circuits.

SIGNIFICANCE: This case stands as a personal triumph because I helped procure relief from the United States Supreme Court. More importantly, Zanders

reminds me of the unique and enviable position shared by attorneys who practice in the United States. Zanders’ criminal case began as a small-town robbery tried

in my hometown courthouse where proceedings must sometimes pause due to

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LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

the noise of passing trains. That a case from a tiny river town can wend its way to

the top court in the nation, makes me proud to be a part of our justice system.

3. 2014 - 2017: Big Sister

• For three school years, I met weekly with a young woman at a local school through the Big Brothers/Big Sisters program.

• We formed a friendship and I offered her encouragement through her parent’s divorce and her mother’s remarriage to another woman.

SIGNIFICANCE: Attorneys are often called upon to counsel hurting people on the “whys” of the law and how the judicial system works. These can be particularly hard concepts for a young girl to grasp when her world is falling apart.

Counseling this young lady reminded me that the law has limitations. Our talks brought back memories of an untenable situation from my own childhood. When I was about the same age as my mentee, I lost a carload of family members to a drunk driver. My cousin’s wife who was at home with her infant son and thus

spared, was nonetheless devastated. She moved into my bedroom for three months while my parents helped plan the funerals for her four-year-old son, her father, and her brother. The drunk driver died at the scene. For a long time, I wondered what the judicial system would have done with this person had he

lived.

Helping my “little sister” navigate her homelife which included legal proceedings, reminded me that the law, though imperfect, strives to help normal people who struggle amid crisis.

4. 2004: Tyler v. State (69S04-0801-CR-3)

• Represented client accused of child molestation.

• Though the conviction was affirmed, this case allowed the Indiana Supreme Court to redefine the role of the protected person statute.

SIGNIFICANCE: Because the law was unclear concerning the impact of redundant testimony, the issue was not raised at trial and I had to brief the issue as one of fundamental error and first impression in Indiana. I list this case as one of my most significant legal matters due to its long-reaching impact in ensuring fair trials in Indiana.

Also, I woke up the morning of the oral argument with a fever and entered the courtroom struggling to maintain focus. My hands became sweaty while I was at

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LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

the podium. While gesticulating with the pen I had gripped in my palm, I lost

control of the writing utensil which went flying across the room and hit the bench in front of the chief justice. He either did not notice or was kind enough to ignore my lapse as the argument continued without missing a beat.

5. 2002: Small claims trial concerning an automobile accident

• I served as a judicial referee for six years.

• Though I presided over numerous civil trials, I vividly remember a case concerning a small fender bender at the traffic light by our local Walmart. The pro se plaintiff’s car sustained minor damages when a truck driver made an

illegal turn and hit her.

• This case became memorable because the plaintiff was clearly nervous and shaking as she tried to explain to me why she should have judgment entered in her favor.

SIGNIFICANCE: Though this case involved only a small monetary dispute, it stands as one of my most significant matters because it reminded me that justice is equally important to an average person as it is to a major corporation. Both entities are entitled to a fair day in court.

My judicial experience molded me into a better attorney by helping me

understand that even small matters are important to the litigants. The experience also opened my eyes to the daily struggles faced by trial court judges.

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LEANNA WEISSMANN

Indiana Court of Appeals Summer 2020 Vacancy

7. Efforts to Improve the Legal System, Administration of Justice, or

Society

A. Describe your efforts, achievements, or contributions (including written work,

speeches, or presentations) toward the improvement of the law, the legal system, or

the administration of justice. Include a description of any management or leadership roles you undertook to achieve these goals and describe any specific instances in which your collaborative efforts helped achieve these goals.

IMPROVEMENT TO LEGAL SYSTEM

July 2018: Bar Volunteer

Invited participant to Indiana Bar Association’s Legal Conclave.

No one took a leadership role, but we all collaborated on issues in our community such as access to justice and legal advertising. This two-day program invited participants to brainstorm legal issues facing Indiana and the state of legal education.

Recently, I hired two law clerks who constantly ask me questions about starting practices. Seeing a need for education on the basics of starting a law firm, I am currently working with the Indiana State Bar Association to present a program for new graduates to educate them on malpractice insurance, hiring staff, client

management, etc… I hope to offer the program by late 2020 to complement the Applied Professional requirement established by the Indiana Supreme Court in 2017.

2018 - present: Juvenile Advocate

I am a current appellate advocate for Indiana’s Juvenile Defense project. https://www.in.gov/ipdc/public/2644.htm

This project began in 2015 when Indiana was one of four states to receive federal grant money to create a plan for improvement of juveniles facing

incarceration. During the informational gathering stage, investigators determined at least 13 children had been sent to prison without ever consulting an attorney.

In 2017, Indiana became one of two states (Delaware) to receive federal grant money to implement a statewide project to improve juvenile access to justice. I am

one of the appellate attorneys representing juveniles through this project.

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Indiana Court of Appeals Summer 2020 Vacancy

B. Describe your efforts, achievements, or contributions (including written work, speeches, or presentations) concerning civic, political, or social issues. Include a description of any management or leadership roles you undertook in this area and describe any specific instances in which your collaborative efforts in this area led to

a successful result.

CIVIC ISSUES

2001 - present: School Presenter

Shortly after 9/11, I began speaking in schools to excite children about civic responsibilities and the law.

In 2009, I created a Constitution game to more fully engage students in learning about the creation of our Constitution. This game allows students to step into the

role of a Constitutional framer and sign a pretend Constitution to hang in their classrooms.

The game with instructions is included at the end of this application.

2017 - present: Volunteer at Legal Booth

For three years, I have volunteered as the legal representative at Reality Store in Oldenburg High School.

The Reality Store is the Gold Award project of one of my scouts, Justine Stenger. She conceived of the idea to teach her classmates budgeting and real

consequences of life choices. Played like a game of Life, students are assigned a

career with a set salary. They then visit each of the booths to learn about the costs of insurance, child-care, legal expenses and so on.

I have helped Justine by staffing the legal booth. In addition to playing the game, I advise the students about all new Indiana laws concerning teenaged texting and driving.

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SOCIAL/POLITICAL ISSUES

2007 - present: Girl Scout Leader

For thirteen years, I have been a troop leader for Girl Scout Troop #1158. Our troop is very service oriented. Though the troop only consists of five young women, each scout has been challenged to do a service project with the

help of her sister scouts. Sample projects include a supplies drive for Ohio

County animal shelter and a workday to clean out cages at the shelter.

Of our five scouts, two have earned the Gold Award which is the Girl Scout equivalent to the Eagle Award from Boy Scouting.

2006 - 2014: Church Volunteer

For years while my children were young, I created and ran children’s youth outreach services at First Baptist Church of Aurora. https://aurorabaptist.org/ For instance, I coordinated summer Survivor

themed camps whereby kids would group into tribes and compete in events like scooter races, scavenger hunts, etc…

In one Survivor program, tribes were challenged to bring in food items which we then took to our local homeless shelter, the Heart House, and

prepared a meal for residents.

2014 - 2015: Church Volunteer

For two years, I worked with Oasis (now defunct Christian outreach) to present community-wide projects to assist those struggling financially in our county. In one event, I coordinated with around 50 community organizations and volunteers to arrange a community-wide DIY craft festival which allowed

economically disadvantaged citizens to create about 800 free Christmas gifts. Another project involved collecting Easter candy to an event at the local

food bank to allow clients to prepare Easter baskets for their children.

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C. Describe your efforts, achievements, or contributions (including written work,

speeches, or presentations) to improve your local, state, or national community through charitable work or public service. Include a description of any management or leadership roles you undertook in this area, and describe any specific instances in which your collaborative efforts in this area led to a successful result.

I have a life-long history of charitable work and service to my community.

Highlights of my charitable work are as follows:

After we achieved that goal, we worked on budgeting so he could manage a bank account.

YOUNG ADULT

1984 - 1987: High School Charitable Leader

While in high school, I was an active member of the Sunshine Society which was a group formed for the specific intent of performing acts of kindness in the community. We raised money to donate to charity and also adopted a nursing home and visited residents weekly.

Served as president my senior year.

LAW SCHOOL

1993 - 1995: Certified Literary Tutor

While still in law school, I became a certified literacy tutor.

For three years, I worked weekly with an elderly man whose poverty as a child prevented him from learning to read. He worked as a sharecropper from a very young age and often fell asleep in school from exhaustion and malnutrition. He then quit school in the 5th grade to start working to support his family.

When we were first introduced, he misheard my career path and believed

me to be a legal secretary. I allowed him to continue to think this to minimize the intimidation he already felt in working with a stranger on basic literacy skills.

My student’s goal was to be able to read story books to his

grandchildren. We achieved that goal in our weekly meetings after the first year. We then worked on budgeting so he could manage a bank account.

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Indiana Court of Appeals Summer 2020 Vacancy

NON-LEGAL CHARITABLE ENDEAVORS

2009 – present: Fitness Instructor

I originally became an AFAA certified aerobics instructor to offer free classes to the community at my church. I then volunteered to instruct when

our local community center first opened and was struggling financially.

2014 - 2017: Big Sister

In 2012, I became a Big Sister through the Cincinnati Big Brothers/Sisters program. I was paired with a young lady struggling to process her parent’s

impeding divorce and her mother’s remarriage to her long-time girlfriend. Meeting with her weekly at her school, we formed a friendship during our lunch “dates.” When the young lady reached the eighth grade, she decided to drop from the program.

2010 – 2016: Christian ministry for tween girls

In 2010, I founded an internet Christian outreach for tween girls which ran for six years. I recruited and trained four other women who helped by writing articles or running one-day programs for girls.

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Indiana Court of Appeals Summer 2020 Vacancy

D. Describe the nature and extent of any pro bono legal services you have contributed.

PRO BONO WORK

I am a strong proponent of pro bono representation and run a pro bono

program through my website which allows needy participants to apply for

free legal representation. The application for assistance is located here:

https://www.hoosierappeals.com/general/pro-bono-assistance

1995 - present: Pro Bono Legal Representation

I perform legal charitable work through my practice in at least three different manners:

1) I never charge clients for wills and powers of attorneys. Those who can afford legal services are asked to donate any amount they wish to charity in exchange for the free legal work.

2) In representing indigent clients, I am often called upon to advise family members on legal matters to assist these families while my clients are incarcerated.

3) I operate a pro bono appellate service through https://www.hoosierappeals.com/.

2016: Adoption

I performed a pro bono adoption for a military family. This task

encompassed about twenty hours of my time.

2018: Criminal Representation

I represented Marcus Zanders pro bono in the United States Supreme Court.

2020: Civil Appellate Representation

I am currently representing Mother, L.I. in a custody appeal, Cause No.

18A-DC-02674.

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Indiana Court of Appeals Summer 2020 Vacancy

E. Indicate your experience teaching law. Provide the dates, names of institutions or

programs, and a description of the subject matter taught.

LEGAL INSTRUCTION

January 2013 - present: Professor

Ivy Tech Community College

• Adjunct professor.

• Teach civil procedure, criminal procedure and legal research.

2016 - present: Speaker

Indiana Public Defender Council

• Annual speaker at the Indiana Public Defender’s conference on parental rights termination issues.

May 2016: Facilitator

Indiana Public Defender Council

• Facilitator at a conference organized by the Indiana Public Defender’s

office to train new attorneys on effective litigation techniques.

October 2019: Speaker/Organizer

Indiana State Bar Association

• Coordinated CLE for annual ISBA meeting: “What Every Appellate

Practitioner Wishes You Knew About Appeals.”

February 15, 2020: Speaker/Organizer

National Counsel Law Disciplinary Board (NCLDB)

• Co-presenter at national convention, Diminished Capacity and Aging

Lawyers.

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Indiana Court of Appeals Summer 2020 Vacancy

8. Memberships and Other Activities A. List any memberships and offices you have held in professional organizations,

including dates and descriptions of the purposes of the organizations and of your involvement.

STATEWIDE

1995 - present: Indiana State Bar Association

I joined the state bar association after law school. Since that time, I have served in the following roles:

• 2017 - 2019: Chair Unauthorized Practice of Law Committee.

o In my role as chair, I noticed that the association lacked a process for submitting complaints. For instance, at a bar function I was handed a sticky note with only a name and

asked to investigate an incident of unauthorized practice. Realizing this was a problem, I instigated a process whereby complaints are now received through a form posted on the state bar’s website.

• 2017 - present: 1st District Representative Appellate Practice Section.

o In 2019, I organized a CLE presentation on appellate practice for the Indiana State Bar annual meeting.

• 2018 - 2020: Dearborn County representative.

o As my local representative, I voted on the state bar resolution seeking a rule change to allow attorneys to hire independent contract paralegals.

2017: Indiana Bar Foundation Fellow

In December 2017, I was named as a Fellow by the Indiana Bar

Foundation for my efforts in assisting the needy. The Indiana Bar Foundation is a charitable organization dedicated to strengthening access to justice and

appreciation for the rule of law in Indiana. https://inbf.org/

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Indiana Court of Appeals Summer 2020 Vacancy

NATIONAL

2014 - present: National Counsel of Law Disciplinary Board (NCLDB).

This organization of adjudicators meets yearly to discuss nationwide trends in attorney discipline. I joined to assist in gaining knowledge in my role as a commissioner on the Indiana Supreme Court Disciplinary Commission.

2014 - present: National Organization of Bar Counsel (NOBC).

This organization of disciplinary attorneys meets twice a year in a role

similar the NCLDB.

LOCAL

1996 - 2005: Investment Club

In 1996, I joined an investment club with my mother and nine other women. We met monthly to learn about the stock market and gain confidence in investigating. This group consisted of mainly older women and we

dissolved after two of our members passed away.

1995 - present: Local Bar Member

I joined the Dearborn/Ohio County Bar Association when I opened my solo practice in Rising Sun, Indiana. Through the years, I have presented CLE programs on appellate practice at our lunch meetings. More recently, I organized an artwork contest for high school students to contribute an original

rendering of our local courthouse to the Indiana Bar Association’s legacy project. https://thedcregisterarchives.etypegoogle6.com/node/26139; https://www.in.gov/ibc/legacyprojects/3382.htm

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Indiana Court of Appeals Summer 2020 Vacancy

B. List any memberships and offices you have held in civic, charitable, or service

organizations, including dates and descriptions of the purposes of the organizations and of your involvement.

C. List any memberships you hold in social clubs or organizations. If any restrict its membership on the basis of race, sex, religion, or national origin, please describe

your efforts within the organization to eliminate restrictions.

CIVIC ORGANIZATIONS

2019 - present

• Life member of Indiana University Alumni Association.

o This organization assists the university in providing scholarships for students. Both my husband and I are graduates and now our three children are undergraduate students on the

Bloomington campus. https://alumni.iu.edu/

SOCIAL CLUBS

2006 - present: Girl Scouts

• Life member of Girl Scouts of America.

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Indiana Court of Appeals Summer 2020 Vacancy

D. Describe your hobbies and other leisure activities.

HOBBIES

• I enjoy meditating, which is really a sophisticated way of saying I sit around and do nothing while avoiding housework.

• An AFAA certified aerobics instructor, I teach free aerobic classes which allows me to tell a roomful of people what to do.

• I enjoy running and recently finished my fourteenth half marathon.

Running is good practice in diligence and focus. When I am tired around mile 10, I remind myself that I don’t have to finish the entire

race in the next minute, I just need to take a few more steps. At least this is the lie I tell myself to resist the urge to hop on a Lime scooter and cheat my way to the finish.

• I also enjoy reading, writing poetry, listening to podcasts and spending

time with my college-aged children.

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Indiana Court of Appeals Summer 2020 Vacancy

9. Legal Proceedings

A. List any lawsuits or legal proceedings in any jurisdiction, including but not limited to bankruptcies, dissolutions, and criminal matters to which you have been a party.

Provide dates, case numbers, courts, names of other parties, and, if needed, a brief explanation. (If minor children are involved [i.e. an adoption], use initials only.)

N/A

B. If you ever have been arrested or cited for any violation of the law other than for

routine traffic violations, provide dates, jurisdictions, and an explanation of the event and its resolution.

N/A

C. If you have been disciplined or cautioned, formally or informally, by the Indiana Supreme Court Disciplinary Commission, by the Indiana Commission on Judicial Qualifications, by the Indiana Supreme Court, or by similar entities in any other

jurisdiction, identify each instance by date, case number (if applicable), and describe

the circumstances and the nature of the outcome or resolution.

N/A

D. If you have any outstanding federal, state, or local tax obligations, please itemize and explain.

N/A

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Indiana Court of Appeals Summer 2020 Vacancy

10. References

A. Provide the names of three attorneys who have been your professional adversariesin your practice or who have litigated substantial cases in your court and who would be in positions to comment on your qualifications for appointment to the Indiana Court of Appeals (contact information to be included in Part Two of this

application).

1) Robert Ewbank

2) David Zerbe

3) Hon. James Humphrey

B. Provide the names of three professional references other than those listed in Subsection 10A (contact information to be included in Part Two of this application).

1) Hon. Robert D. Rucker

2) Hon. John Baker

3) John Maley

C. Provide the names of three personal references other than those listed in Subsection

10A or 10B (contact information to be included in Part Two of this application).

1) Andi Metzel

2) Molly Kitchell

3) Carolyn Beach

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Page 35: Application for Summer 2020 Vacancy Indiana Court of Appeals · 2020-07-09 · 5. Trial/Judicial Experience A. Describe the extent of your jury trial experience, if any. 1996 - 1999