Leitner questionaire

8/7/2019 Leitner questionaire

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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: Whos Who in American Law

Whos Who in Emerging Leaders in America

Whos Who in the Midwest

Whos Who in America

Whos Who in The World

Chartered Property Casualty Underwriter (C.P.C.U.) 1987.

Certified Exit Planner (CExP), 2009.


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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 1994Nebraska 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)Interpretation of Insurance Policies, Presented at the

Annual Meeting of the American Bar Association, Atlanta,

Georgia, August 7, 1999

Attorneys Guide to Juris, Published by American Bar

Association (1999)

Attorneys Guide to CaseMap, Published by American Bar

Association (1999)

Employment Discrimination Litigation, Published by

American Bar Association (1999)


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Insurance Coverage Law in Iowa, published by National

Business Institute (1997)

Tobacco Litigation and Insurance (Editor), published by


Liability Issues in Managed Care (Editor), published by


Recurring Issues in Insurance Disputes, published by


Bad Faith Litigation in Iowa, published by National

Business Institute (1995)

Truck Accident Litigation and Insurance (Editor), publishedby 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 ofCoherent 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)


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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 inpaternity 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 CountySeat community. Thereafter, both at Allied and at Grinnell, I was involved in theprovision of legal advice and file supervision in litigated and large insuranceclaims.

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

From 11/89 to the end of 2003, I was engaged in a general practiceconcentrating in the defense of civil litigation and representation of insurancecompanies. Thereafter, I have involved in a general practice, concentrating oncivil 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%


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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 thiscountry.

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.


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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. Agreeix. Disagree

x. Agree

xi. Disagree

xii. Disagree

xiii. Agree

xiv. Agree

xv. Agree

xvi. Disagree

xvii. Agree

xviii. Agreexix. 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.


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E. Judicial activism is the substituting of a judges 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 ora 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.
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