JUDICIAL NOMINATING C01\llVIISSION APPLICATION FOR COLORADO STATE COURT JUDGESHIP

/VOTE:': For the required number of copies to file, please refer to the !lY_S7RU(~T112N SlfL-:l~Z- that corresponds' to the specific vacancyfor which you are applying.

Office of District Judge for the Twentieth Judicial District (Boulder County) (designate vacancy fix which application is being made)

L The information you provide in questions 1 - 34 is public information and will be released upon request if the applicant's name is forwarded to the Governor for consideration of appointment.

A. PERSONAL INFORMATION

I. Full Name: Andrew Ross Macdonald

2. Birth year: 1960

3. Arc you a United States citizen? Yes

4. Attorney Registration Number: 17661 Colorado; 501093 Florida

5. Work Address: Boulder County Attorney's Office, P.O, Box 471, Boulder, Colorado 80306; Boulder County Sheriffs Office, 1777 6th Street, Boulder, Colorado 80302

6. Telephone (w): 303-441-4543

7. List your place of residence for the past five years.

B. EDlJCATIONAL BACKGROUND

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

Juris Doctor

Revised 4/2009

St. Edmund Hall. Oxford Oxford, England I July and August, 1984
U niversity
:
l i 9. List scholarships, awards, honors. and citations you received during college and law school.

Law School: Member. Inns of Court Committee

C. PROFESSIONAL BACKGROllND AND EXPERIENCE

10. List all courts in which you have been admitted to practice, with dates of admission. Give the same information for administrative bodies which require special admission to practice.

Un ited States District Court. District of October, 10, 1989 Colorado

United States Court of Appeals for the Tenth January 14, 1994 Circuit

United States District Court Southern December 30, 1999 District of California (Pro Hac Vice) Betty

James v. Gerald Perryman, et al.. Case No.

99 CV 1619-L

United States District Court, Northern February, 2002 District of Georgia (Pro Hac Vice) Robert

Christian Wolf v. John Bennett Ramsey and

Patricia Paugh Ramsey, Civil Action No. 00-

CIV -1187 - lEe

1 L indicate your present employment (list professional partners or associates, if any, and include dates).

If you currently practice Jaw, describe the nature of your present law practice, listing the major types

law you practice and the percentage each constitutes of your total practice.

I am an Assistant County Attorney with the Boulder County Attorney's Office and I have been employed there since March I, 1990. H. Lawrence Hoyt is the current Boulder County Attorney. I represent the Board of County Commisioners of the County of Boulder and the Risk Management

Division. r am also assigned to represent the following elected officials: the Boulder County Sheriff

Pelle), the Boulder County Coroner Faure), and the District Attorney for the Twentieth

District (Stan I

am also ,,,,,,,nlle

the Colorado Governmental spent

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2

Attorney. I provide legal advice on issues concerning the service of civil and criminal process. evictions, foreclosures, sheriffs sales, restraining and protection orders, and mental health holds, I drafted the Boulder County Ordinances involving the regulation of traffic. parking, noise, animal control, ambulance regulation, fire bans, false alarms, and jail bond fees, I negotiatie and draft intergovernmental agreements involving Boulder County, the Sheriff and various law enforcement and fire agencies. I am involved in negotiating and drafting proposed legislation and and I have testified before various committees at the Colorado Legislature, [also provide frequent training sessions for Sheriff's deputies on a variety of legal topics.

12. If you have a subspecialty in any major types of law listed in number 11, what is your subspecialty?

I specialize in defending county and local government officials in cases involving claims for personal injury, breach of contract civil rights violations and employment discrimination actions. I have developed a strong working knowledge of the Colorado Governmental Immunity Act (C.R5. Section 24-l0-101, et seq.), civil rights actions under 42 USc. Section 1983, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and Title VIr. I also specialize in representing county departments and elected officials in court actions involving records issues under the Colorado Open Records Act (C.RS Section 24-72-20 I, et seq.), and the Crimina! Justice Records Act (C.R.S. Section 24-72-301, et seq.).

13. List other areas of law in which you have practiced,

I was an assistant public defender in Florida for approximately three and a half years. During my public defender career, I tried approximately 25 felony jury trials and several misdemeanor jury trials. I was in court on a daily basis and was responsible for a felony caseload of approximately 100 clients. I also practiced general civil law with two small firms in Florida and Colorado. While at these firms, [ participated in a will contest action and was co-chair in an attorney malpractice trial. I have also I it i gated several actions in various federal courts involving news media and party subponeas for criminal justice records from the lonBenet Ramsey homicide investigation.

14. Have you practiced in the appellate courts of Colorado within the past five years? if so, please state the number and the types of matters handled,

Yes, I have handled three cases within the past five years in the Tenth Circuit Court of Appeals. One case involved an appeal of an order granting summary judgment in a jail suicide case, Another case involved an appeal of an order dismissing claims against a deputy district attorney and a bond case manager for alleged violation of constitutional rights (Cert denied by US Supreme Court). The last case involved a federal inmate appealing an order granting a motion to dismiss a claim that the former district attorney and a police investigator withheld evidence that he allegedly provided to show that the federal agent who investigated him for a series of bank robberies was the real killer of Jonlsenet Ramsey (affirmed August 7, 20(9), I have handled three total cases within the past five years in the Colorado Court of Appeals. One case involved an appeal of an order dismissing a lawsuit against the Coroner for alleged failure to perform an autopsy under Colorado taw, Another case, involved an appeal of an order that allowed adult criminal records unrelated to an underage drinking and driving

charge to be expunged pursuant to Section 42-4 -1715, CR,S, The last case, on petition for certiorari

Supreme an that dismissed a it against the Board of

and the Division ofWildlife issuance of

1 icenses in an area subject to

15.

and elected officials in a

Revised 4/2009

accidents, slip and fall cases, and breach of contract claims. I also represent my clients in actions involving the Sheriffs responsibilities for civil process, records requests under the Colorado Open Records Act and the Criminal Justice Records Act, and court review of requests pursuant to a subpoena ducus tecum. I also practice in the United States District Court for the District of Colorado (approximately 25%). I defend Boulder County in a variety of ton, civil rights and employment discrimination matters.

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 I ist current telephone (including area code) fix each person identified.

l . Case Name/Number: Musick v. Pickering, et al., Civil Action No. 2006 CV 29, District Court.

Boulder County, State of Colorado

Presiding Judge.Gaspar F. Perricone (retired)

Phone: 303-441-3750

List namet s) and telephone numberts) for opposing counsel:

Mark Johnson 303-448-8836

List name(s) and telephone numberts) for co-counsel:

William Hayashi, 303-443-3100 (City of Lafayette)

Melody Mirbaba, 303-866-4224 (Attorney General's Office)

Marni Nathan Kloster, 303-691-373 7 ( City of Lafayette. federal case)

Briefly describe the case and your involvement:

This case was initially flied in United States District Court as a civil rights complaint in Civil Action No. 05-cv-1361-REB-OES. My client was a deputy district attorney, 1 flied a motion to dismiss on his behalf. which was granted by the federal court. The case was then filed in state district court alleging a breach of contract action for quantum meruit/unjust enrichment against the deputy district attorney, the District Attorney's Office and the Board of County Commissioners. I filed a motion to dismiss pursuant to the Colorado Governmental immunity Act, which was granted by the COLIn,

2. Case Name/Number: Eason v. Board of County Commissioners of Boulder County and Deputy Sherratr, Case No. 09CV 442, District Court Boulder County, State of Colorado

Presiding Judge.Morris W. Sandstead Jr.

Phone: 303-441-3744

List narners) and telephone numberts) for opposing counsel:

Bruce E. Rhode. Eason & Rhode, LtC 1 -4310

List

and

for

N//\

Briefly

Commissioners and a Boulder

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4

deputy based upon an automobile accident on March 4, 2006. The deputy rear-ended an automobile stopped at a red light. Ms. Eason was a passenger in the vehicle. The parties participated in mediation and the case was settled early on in discovery. The mediator was Judge John W. Coughlin at the Judicial Arbiters Group in Denver, 303-572-1919.

3. Case Name/Number: Bafia v. Board of County Commissioners, er al., Civil Action No. 04-cvi 841-EWN-CBS

Presiding Judge: United States District Court Judge Nottingham

Phone: 303-844-5018

List name(s) and telephone numberrs] for opposing counsel:

David Lane, 303-571-1000 Marcel Kryztek, 303-571-1000

List name{s) and telephone number(s) for co-counsel:

Jonathan Cross, 303-333-4122 (Washington County) Sean Lane, 303-333-4122 (Washington County)

Briefly describe the case and your involvement:

Ms. Bafia sued former Boulder County Sheriff George Epp and the Board of County Commissioners for alleged violation of her constitutional right to medical care while she was incarcerated in the Boulder County Jail. At the completion of discovery, I filed a motion for summary judgment which was granted by the court on March 17,2006.

4. Case Name/Number: Rick R. Cobello and Julie R. Cobello v. Joe Pelle, et al., Civil Action No. 06-cv-02600-MJW -MEH

Presiding Judge.United States District Court Magistrate Judge Watanabe 844-2403

Phone:

303-

List name(s) and telephone numberts) for opposing counsel:

CameronW. Tyler

303-443-2644

List nameis) and telephone numberrs) for co-counsel:

NJA

Briefly describe the case and your involvement:

! represented the Board of County Commissioners. Sheriff Pelle, Deputy Dunphy, and Nurse Meyer in an action brought by the parents of an individual who committed suicide at the Boulder

At the I filed a motion for summary which was

5. Casc

et

Civil Action No, 2006 CV

W, Sandstead, Jr. Phone; 303-441-3744

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List name(s) and telephone nurnber(s) fix opposing counsel:

Tom Macurdy, Pro Se

303-666-0726

List name(s) and telephone numberrs) for co-counsel:

N/;\

Briefly describe the case and your involvement:

I represented Boulder County Coroner Tom Faure. and County Commisioners Pearlman, Mayer and Tom in an action brought by a husband alleging that they failed to comply with their statutory duties to perform an autopsy after his wife died. I filed a motion to dismiss which was granted by the trial court. Mr. Macurdy appealed. The Colorado Court of Appeals affirmed Judge Sandstead's judgment in a published decision found at 176 P.3d 880 (Colo.App.20D!).

17. Summarize your experience in adversary proceedings before administrative boards or commissions.

I represent the Board of County Commissioners of the County of Boulder. I have been present at several hearings as legal adviser when the Board exercised quasi-judicial functions. I have represented the Board of County Commissioners in lawsuits that included claims pursuant to Rule 106 of the Colorado Rules of Civil Procedure. I also represented the Department of Social Services in a hearing before an administrative law judge concerning the revocation of a nursing home license and in an appeal involving the placement of a parent's name on the state registry. I have also been involved in administrative matters before the Equal Employment Opportunity Commission and the Colorado Civil Rights Commission.

18. List any law related lectures. speeches, or other presentations you have given and any such books or articles you have authored.

Boulder County Sheriffs Office, in-house training and presentations on legal issues to deputies and staff (several times a year from 1990 to present).

County Sheriff's of Colorado, Criminal Justice Records and Open Records Issues, 2007, 2008. County Sheriff's of Colorado, Civil Process and House Bill 2010-1057,20 I O.

Colorado County Attorney's Association, several presentations from 1990 to 2007 on "recent federal eases", Criminal Justice Records and Open Records Issues, Colorado Governmental Immunity Act Issues, and Fire Protection Responsibility under Colorado Law.

Colorado Counties Transportation Supervisors, Colorado Governmental Immunity Act, November, 2005.

Northern Colorado CrimeStoppers, Confidentialilty and Colorado Records Laws, November 5,2008. Critical Incident Training - Boulder County Law Enforcement Agencies, Care and Treatment of Persons with Mental Illness under Colorado Law, June and September, 2009, March, June and September. 2010.

Boulder County Community Justice Services training on legal issues to stan: 2007. Colorado Department of Social Services, Adult Foster Care Issues, 1991

of your

education

1985 to

Michael

and Michael Rose.

1989 to

Revised 4/2009

6

February. 1990.

Boulder County Attorney's Office, March 1990 to present.

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

N/A

O. PROFESSIONAL AND PUBLIC SERVICE

21. List activities in professional associations, including offices held. committees, awards, honors, and citations (include dates).

Facu tty of Federal Advocates, Member (l997 to present) Boulder County Bar Association, Member (3-90 to present) Colorado Bar Association, Member (9-88 to present)

The Florida Bar, Out of State Practitioners Division, Member (7-97 to 6-05) and City, County & Local Government Law Section (7-05 to present)

National Sheriff's Association, Legal Advisors (2009 to present) Colorado County Attorneys Association (1990 to present)

National Association of Criminal Defense Lawyers, Member (1987-1989) American Bar Association, Member (1987-1989)

International Association of Ch iefs of Police, Member (2009 to present) Public Defender's Office, Outstanding Service Award, June, 1989

Boulder County Coroner's Office, Outstanding Service Award, November 6, 1997 Boulder County Recognition Award for Outstanding Work, January, 2000

John P. Murphy Circle ofHonor. Inductee, October 14,2008

Certificate in Supervisory Skills, Boulder County. December j 2, 2006

Boulder County Public Service Leadership Institute (PSI II), Mentor, 2007-2008

22. List your activities in civic and charitable organizations, including offices held, mvards, honors, and citations (include dates).

Eye Health Institute (EHI), Volunteer 2003-2007; Member - Board of Directors 2008 through present; EHI is a non-profit organization that provides comprehensive, quality eye care to the financially diadvantaged and underserved children and families in the rural areas of Jamaica. Fund-raising: Volunteer - University of Colorado 1996 to present

Fund-raising: JAX oyster eating contest - to raise money for the following charitable causes- 1999 Trout Unlimited, 2000 SAFEHOUSE, 2001 Project Self Sufficiency, 2002 through 2007 Imagine! Foundation, 2007 - 2008 Louisiana Katrina Relief, 2009 Project Self Sufficiency.

23, List all public offices to which you were appointed or elected (include dates served), Have you had

any or service? If so,

NIA

Revised 4/2009

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E. REQUIREMENT TO COMPLY WITH .JUDICIAL CODE OF CONDUCT

If appointed to the bench, you will be required to comply with the canons contained in the Colorado Code of Judicial Conduct.

24, Are you familiar with the Commission on Judicial Discipline and its function?

Yes

25. Do you understand a judge is required to file reports of compensation for quasi-judicial and extrajudicial activities in conformance with the Code of Judicial Conduct?

Yes

26. Do you understand that a judge must comply with the Public Official Disclosure Law (Section 24-6- 202, C.R.S.)?

Yes

27. If you are now active H1 partisan politics, would you cease such activity if you are appointed to judicial office?

Yes

28. Are you now an officer or director of any business organization or otherwise engaged H1 the 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 persona! skills in using computer technology.

Yes. r use a computer every day for word processing, e-mail, case management, and legal research (Westlaw), r use a computer to draft all briefs and motions for my cases. I work with a legal assistant and paralegal to e-file documents. I will participate in training to develop and maintain persona! skills in using computer technology.

30. Have you ever been citedfor contempt of Court? If so, please give details.

No

F. MISCELLANEOtTS

3L

how you

your

time (

vacation ",(',·,,,,,,,~'c·

1 enjoy on and trails in and

house in downtown Boulder in 200 j and my

time and energy all

and I a considerable amount

and yard work and we are very

I am a big fan and ~~(,t,,,>,·

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sports. My wife and I also [ike to travel.

32. List the names of no more than five individuals from whom you are requesting a letter of reference.

Boulder County Sheriff Joe Pelle Josh Marks, Esquire

Pat Mayne, Esquire

Dr. Richard A. Cross

Daniel Hersh

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 MUSr submit a sample of your legal writing of not more than twenty (20) pages with this application.

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