Paul Felix Application

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Application ofPaul A. Felixfor the Court of Appeals of Indiana

Application ofPaul A. Felixfor the Court of Appeals of IndianaTABLE OF CONTENTS1PART ONE, SECTIONS 1-11 .Section 1 – Contact/General Information Section 2 – Secondary Education/Military Experience .Section 3 – Post-Secondary Education .Section 4 – Employment Section 5 – Trial/Judicial Experience .Section 6 – Professional Experience .Section 7 – Efforts to Improve the Legal System .Section 8 – Memberships and Other Activities Section 9 – Legal Proceedings .Section 10 – References .Section 11 – State Police Release Form and Photograph .WRITING SAMPLE #1 – D. Young Chevrolet v. Young Realty 96K, LLC . TAB 1pp. 1-231-2334-67-89-1314-1819-20212223TAB 2WRITING SAMPLE #2 – State of Indiana v. Elmore . TAB 31WRITING SAMPLE #3 – Crew2U, LLC v. Peeler .TAB 4WRITING SAMPLE #4 – State of Indiana v. Narvaez TAB 5EXHIBITS 1 – 7 .TAB 6TRANSCRIPTS (Part One, Sections 2-3) TAB 7PART TWO, SECTIONS 1-3 TAB 8Sections 1-10 are hyperlinked to the page of the application listed inthe table of contents. Within the application, the EXHIBITS are alsohyperlinked.

Application ofPaul A. Felixfor the Court of Appeals of IndianaPart One, Sections 1-111. Contact/General InformationA. Full legal name and any former names.Paul Arthur FelixB. State the full name (use initials for minor children), age, and relationship ofeach person residing in your household. For each adult living in thehousehold (other than yourself), also state the person’s occupation andemployer.There are three people (other than myself) residing at home with me. Thereis only one other adult, my wife, Nicki Simon Felix, who is 49 years old, and isworking as a realtor for Keller Williams – Indy Metro North. Nicki and I havethree children, two of whom live here permanently and one young adultwho lives with us during school breaks. In order, our children are BenjaminNathan Felix, 19 years old, (he is a freshman at Wabash College); ourdaughter, ILF, is 16 years old; and son, PSF, is 9 years old.C. Business address, email, and telephone number.1 Hamilton County Square, Rm #337Noblesville, IN 46060paul.felix@hamiltoncounty.in.gov(317) 776-9635D. Attorney number.18627-411

E. Month and year you were admitted to the Indiana Bar.October 1995a. Indicate current law license status (i.e. active/inactive/retired).Activeb. 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 currentlicense status.Not applicableF. Date and place of birth.October 3, 1969; Elkhart, IndianaG. County of current residence and date you first became a resident.My wife and I moved to Hamilton County in May 2001.2

2. Secondary Education/Military ExperienceA. List all undergraduate colleges and universities you attended. Include theschool name; dates enrolled; degree or certificate earned; and anyacademic honors, awards, or scholarships you received and when.Indiana University – BloomingtonAugust 1988 - May 1992Bachelor of Science – Major in Political ScienceB. Include with your original application a certified transcript from eachschool named in Subsection 2A, and attach copies of each transcript toeach application copy. (If your social security number is on yourtranscripts, redact it before copying.)Transcript is attached.C. If applicable, list any military service. Include the name of the militarybranch; dates of service; last rank achieved; and any honors, awards, orcommendations received and when. Attach a copy of your Certificateof Release or Discharge from active duty (“DD 214” paperwork).Not applicable3. Post-Secondary EducationA. 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 youreceived and when.Indiana University Maurer School of LawAugust 1992 - May 1995Juris DoctorateB. Include with your original application a certified transcript from eachschool named in Subsection 3A, and attach copies of each transcript toeach application copy. (If your social security number is on yourtranscripts, redact it before copying.)Transcript is attached.3

4. EmploymentA. Provide your employment history since graduation from college. Includename of employer, titles or positions, locations, and dates of employment.State of Indiana in Noblesville, IndianaJudge of the Hamilton Circuit Court, January 2009 - presentCity of Carmel in Carmel, IndianaJudge of the Carmel City Court, January 2007 - December 2008Johnson County Prosecutor’s Office in Franklin, IndianaDeputy Prosecuting Attorney, May 1995 - December 2006Certified Legal Intern, May 1994 - May 1995American General Finance in Evansville, IndianaLegal Intern, May 1993 - August 1993B. 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.Hamilton Circuit Court Preside over general jurisdiction court hearing major felony, family,civil, and juvenile cases. Manage a docket of over 1,000 cases to timely resolutions with anaverage age of all pending cases at approximately nine months. Helped create the Hamilton County Youth Assistance Program. Actively engaged as a member of the Indiana Supreme Court’sCommittee on Rules and Procedure. Former member of IndianaSupreme Court’s Court Personnel Committee and Criminal LawPolicy Committee. Created a team of lawyers and judges to formulate a local rule onthe filing of dispositive motions which created uniformity inpreparing motions and designated evidence. Assist the Hamilton County Drug Court with court hearings and teammeetings.4

Quickly implemented strategies to deal with the current globalpandemic, including transitioning to audio/visual conferencing andlive-streaming hearings onto the internet. Overseeing an exclusive project with the Indiana Supreme Court’sInnovation Initiative Technology Working Group. Joined the Executive Committee of the Hamilton County BarAssociation as Secretary and acted as liaison to the Pro BonoCommittee where we promoted the use of District 6 Access toJustice. Appointed by the Indiana Supreme Court to work as Master orHearing Officer in disciplinary cases against lawyers and judicialofficers. Sought admission to the Indiana Graduate Program. This is a twoweek seminar that occurs over two years. Completed the IndianaSupreme Court’s Indiana Judicial College.Carmel City Court Appointed by former Governor Mitch Daniels. Presided over thousands of misdemeanor, infraction, andordinance violation allegations. Conducted hundreds of bench trials. Created a Teen Safe Driving Program that required young driversadjudicated for more than one moving offense to attend safedriving program in lieu of license suspension. Implemented transition of decades of paper records to electronicstorage. Started innovative plan to recover funds that collected thousandsof unpaid fines, fees, and costs voluntarily.Johnson County Prosecutor’s Office Represented the State through all stages of prosecution: chargingdecisions, plea negotiations, discovery preparation, presentation ofevidence and argument at trial and sentencing. Created the office’s first Domestic Violence Unit.5

Trained local police departments on procedures for investigationsof domestic violence offenses. Supervised deputy prosecutors in the misdemeanor courts. Prepared and actively participated in approximately 15 jury trials.Tried hundreds of bench trials in juvenile allegations, infractions,misdemeanors, and felony offenses. Defended the State against petitions for post-conviction relief,which is a petition convicted defendants may file when theybelieve there was an error committed during the trial. Office mates included, but not limited to: the Prosecutor andcurrent Johnson County Superior 3 Judge, Lance Hamner; thecurrent Prosecutor, Joe Villanueva; the current Prosecutor of BrownCounty, Ted Adams; Marion County Judge, Sheila Carlisle; formerMarion County Judge, Lisa Borges; current Greenwood City CourtJudge, Lewis Gregory; Mike DeCourcy; Daylon Welliver; BradCooper; current Johnson Circuit Court Judge Andrew Roesener;Tina Mann; Matt Solomon; Rob Seet; and David Abbott.6

5. Trial/Judicial ExperienceA. Describe the extent of your jury trial experience, if any.Prosecutor’s Office, 1996 – 2006I prosecuted approximately fifteen jury trials. The trials were mostlydomestic violence cases, but I also prosecuted other offenses, such as,drug dealing, sexual assault, and burglary cases. I served as leadprosecutor for most of the cases; however, in a couple of very seriouscases, I had the assistance of another deputy with the trial. Near the endof my prosecutorial career, I tried cases as a second chair supervisor fornewly hired prosecutors who were learning how to present cases to a jury.My tenure as the domestic violence prosecutor was some of the mostrewarding years I served as a deputy. Removing abusers from a victim’slife, showing abusers the wrongfulness of their actions, and stopping thecycle of violence still provides me with immense pride.In every trial, except one, I was able to obtain a guilty verdict in at leastone of the charges.B. Describe the extent of your bench trial experience, if any.Prosecutor’s Office, 1996 – 2006I can only estimate that I have tried over 100 bench trials while I was adeputy prosecutor. I started out in a local city court and tried infractiontickets where I could have 3-5 trials in one court setting. Later, I wasmoved to juvenile court where fact-findings occurred on a more limitedbasis.I had the honor of creating the Johnson County Prosecutor’s Office’s firstDomestic Violence Unit. While directing this Unit, I tried dozens of benchtrials against abusers.Additionally, I defended the State against all petitions for Post-ConvictionRelief and participated in several bench trials where convicted individualsattempted to have their convictions vacated based upon ineffectiveassistance of counsel or other allegations of error. After trial, I wascommonly required to research relevant law and write detailed findings offact and conclusions of law as a proposed order for the trial judge.7

C. If applicable, describe the nature and extent of your judicial experience(including as a judge pro tempore). Include a description of yourexperience presiding over jury trials, if any.Hamilton Circuit Court, 2009 – presentDuring my service as the Judge of the Hamilton Circuit Court, I havepresided over fifty jury trials in both civil and criminal settings. Some civiljury trials that are particularly memorable to me are, a ten-day civil jurytrial that resulted in a multimillion-dollar verdict in favor of several smallinsurance agencies and against a large corporate insurance company.Second, in one five-day legal malpractice jury trial, the parties reached aresolution to the matter at the exact same time as the jury ended theirdeliberations and reached a verdict. The parties pleaded with me toaccept their agreement versus going back into court to accept the jury’sdecision.Finally, during the current pandemic, I presided over one sociallydistanced, masked, and partially virtual jury trial regarding an automobilecollision that resulted in a verdict of 170,000 to the plaintiff.Turning to criminal jury trials, I have presided over approximately thirty trialswhich have included, among other things, attempted murder, rape, childmolest, armed robbery, and burglary charges. The longest criminal caselasted four days and resulted in a not guilty verdict for a Defendantcharged with a serious sexual assault. Interestingly, the Defendant, whowas not in custody, did not return to court for the reading of the “notguilty” verdict.I have presided over at least one hundred bench trials primarily in familylaw matters and some other civil cases. One memorable case involved acontractor who sued his customer for not paying for a deck built on theside of her house. During the trial, the defendant-homeowner proved thecontractor breached the contract and violated the Home ImprovementContract Act. The Defendant won the trial and received a five-figuremoney judgment in her favor.Finally, it is common to hear oral arguments on dispositive motions,discovery complications, and other pretrial motions.8

6. Professional ExperienceInclude as writing samples, four selections (in total) from the written materialslisted below in Subsections 6A – 6C.A. If applicable, list up to five trial or appellate briefs and/or judicial opinionsyou have written. Refer to them by caption, case number, and filingdate.1.D. Young Chevrolet, LLC v. Young Realty 96K, LLC,29C01-1712-PL-11504Findings, Conclusions, and Order on Motions for SummaryJudgment, July 21, 2020WRITING SAMPLE #1 SYNOPSIS (TAB 2)Two corporations were interpreting a lease contractdifferently and arguing whether a rent reduction provisionshould be implemented.2.Eric Snedeker v. Ben Li,29C01-1710-MF-9693Findings of Fact and Conclusions of Law and Judgment, March 27,20203.State of Indiana v. Bridgette Elmore,29C01-1809-MR-6494Order on Defendant’s Motion to Dismiss Counts I and II, April 22,2019WRITING SAMPLE #2 SYNOPSIS (TAB 3)The defendant moved to dismiss two charges of Murder aftera car crash resulted in the death of two people. Afterresearching the relevant statutes and caselaw, I decided togrant the motions.4.Crew2U v. Peeler,29C01-1701-MF-000072Findings of Fact, Conclusions of Law, and Order, October 3, 2018WRITING SAMPLE #3 SYNOPSIS (TAB 4)Here, a contractor sued his customer for not paying for adeck built on the side of her house. During the trial, thedefendant-homeowner proved the contractor breached thecontract and violated the Home Improvement Contract Act.9

5.State of Indiana v. Juan Narvaez,29C01-1210-FB-9374Judge’s Entry of May 24, 2013, May 24, 2013WRITING SAMPLE #4 SYNOPSIS (TAB 5)The defendant moved to suppress a statement he providedto the police. I determined that he had not been in custodyat the time of the statement, the statements were not aproduct of coercion or duress, and therefore, the statementswould not be suppressed.B. If applicable, list up to five legislative drafts or court rules you have writtenor to which you contributed significantly. Refer to them by official citation,date, and subject matter.1.Rules of Admission and Discipline, Rule 6.2, Pro Bono Publico LicenseAfter the Coalition for Court Access recommended a proposal forincreasing the provision of free representation to people whocannot afford to hire their own attorney, I took the lead withanother member of the Rules Committee to promulgate a set ofrules to accomplish that goal. The rule allows retired attorneys andattorneys from other States to provide pro bono services in Indianawithout returning to active service or obtaining a license to practicelaw in Indiana.2.Code of Judicial Conduct, Rule 2.12, comment 3 – While a memberof the Personnel Committee of the Indiana Judicial Conference, weproposed a rule (which became a comment) to reinforce thejudge’s ethical responsibility to ensure staff receive continuous,ongoing training.3.Hamilton County Local Rule on Trial Rule 56, LR29-TR56-213 – After aJudicial Conference where Judges Mathias, Hill, and Bobaydiscussed “E-Writing and E-Reading,” I created a committeecomposed of Hamilton and Marion County lawyers from plaintiffs’and defense bar, and Marion County Commercial Court JudgeHeather Welch to create a local rule on how to file designatedevidence in dispositive motions. The local rule also answerscommon inquiries and issues that arise during the filing of dispositivemotions.10

C. If applicable, list up to five of your contributions to legal journals or otherlegal publications. Provide titles, official citations, and a brief descriptionof the subject matter.Not applicableD. Identify the five most significant legal matters entrusted to you, whether asa judge or lawyer, and describe why you believe them to be so.1.State v. D.M. (Presiding Judge) In August 2018, a Noblesville middle school studentbrought two guns and hundreds of rounds of ammunitioninto his school with the intent to injure or kill a fellowstudent, teacher, and anyone else who attempted toprevent his actions. A student and teacher were shot by D.M., and bothvictims sustained very serious injuries requiringhospitalization.Significance: The juvenile admitted the allegations filedagainst him. At the dispositional hearing, my goal was toprovide more than a statement simply letting the juvenileunderstand what facts the Court considered important andwhy it chose to do what it did. I also felt compelled to providea statement to the community to help it heal. This case wassignificant because of the public and national attention itreceived. More importantly, an entire community wastraumatized, and it was my job to balance the community’sneed for punishment with the juvenile’s need forrehabilitation.2.State v. William French (Deputy Prosecutor) An abuser was jealous of his wife’s independence andcapabilities. He tied her to the bed, beat her head with amallet, and left her to die. At trial, he was found guilty after a five-day jury trial thatended late on a Friday night.Significance: Although I sat as second chair, I did much ofthe preparation work to start the trial. Sitting with the victim,going to the hospital to talk to the nurses and doctors, andgathering the certified conviction records from other11

jurisdictions to prove an habitual offender enhancementwere all on my plate. Prosecuting the offender was a onetime event, but it brought a lasting relationship with thevictim. This is significant to me because it impacted my viewon “cases.” Each “case” involves real people with emotions,physical pain, and trauma, and each one needs to betreated that way.3.State v. John Bochner (Deputy Prosecutor) A defendant with multiple convictions for prior abuse wasable to connive his way into another victim’s life. Oncethe real man started showing himself, his wife asked him toleave. Days after leaving the residence, he sat in wait one night,entered the home, beat, sexually assaulted, and thendrove his wife to Illinois to bury her in a makeshift grave.He had the tarp, shovel, and gloves in the trunk of his car.She convinced him to turn around and admit himself intoa hospital. She fled to the nearest police station. I led the prosecution of this defendant and securedconviction and an habitual offender finding in front of ajury.Significance: This matter brought to the forefront the allimportant work the law does to keep people and thecommunity safe. Here, we had an individual who continuallyescaped significant punishment. In this matter, we were ableto convince a judge that a maximum sentence wasappropriate. The look of absolute relief I saw on the victim’sface after the sentencing hearing has left an indelibleimpression on me.12

4.State ex rel. Securities Commissioner v. CFS LLC (PresidingJudge) A business entrepreneur played too fast and loose with thelife savings of hundreds of retirees by overselling fractionalshares of single pieces of property to individuals who werelooking to comply with federal laws in order to be eligiblefor federal benefits. When he stopped recording the purchases with thecounty and the 2008 financial downturn occurred, thedefendant’s finances turned upside down as someinvestor/retirees asked to withdraw their funds.Significance: This was the first time I was asked to weigh theequitable resolution of dozens of people who all sat in similarbut not entirely equal places. With the help of an appointedReceiver, we worked through the ac

Nathan Felix, 19 years old, (he is a freshman at Wabash College); our daughter, ILF, is 16 years old; and son, PSF, is 9 years old. C.Business address, email, and telephone number. 1 Hamilton County Square, Rm #337 Noblesville, IN 46060 paul.felix@

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