Case No In the 9 upreute Court of. Appeal from the Court of Appeals of Knox County, Ohio, Fifth Appellate District

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. Rt^ ^^^ ^L Case No. 2012-0613 In the 9 upreute Court of JOHN FRESHWATER, Appellant, V. MOUNT VERNON CITY SCHOOL DISTRICT BOARD OF EDUCATION, Appellee Appeal from the Court of Appeals of Knox County, Ohio, Fifth Appellate District MOTION FOR ADMISSION PRO AAC VICE WILLIAM J. BURGESS Appignani Humanist Legal Center American Humanist Association 1777 T Street, N.W. Washington, D.C. 20009 (202) 238-9088 bburgess americanhumanist.ora OCT U42`J12 CLERj< r1f MURT SUPRERPE CUURT JF UHIO F L LD OCT 0 4 2012 CLERK OF COURT SUPREME COURT OF 0HI0

Ohio Supreme Court John Freshwater V. Mount Vernon City School District Board Case No. 2012-0613 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE American Humanist Assoc Pursuant to Gov.Bar R. XII(2)(A)(6),, attorney for Supreme Court hereby moves of Ohio the to rant g him permission to appear pro hac vice and participate as counsel or co-counsel in this case for amicus curiae the American Humanist Association in support of appellee Movant represents that the following is a list of the jurisdictions in which has ever been licensed to practice law, including dates of admission to practice, resignation, or retirement, and any attorney registration numbers: ViMinia(2000 #45234). District of Columbia (2001 #473101). and Florida (2002. #563471) Movant represents thahe has not been granted permission to appear pro hac vice in more than three proceedings before Ohio tribunals in the current calendar year pursuant to Gov.Bar R. XII(2)(A)(5). K^^ (`# oo $rj^''8^ ), an active Ohio attorney in good standing, has agreed to associate with Movant on this case. The affidavit required by Gov.Bar R. XII(2)(A)(6), a copy of Movant's certificate of pro hac vice registration furnished by the Supreme Court of Ohio Office of Attorney Services, and a certificate indicating service of this Motion on all known parties and attorneys of record are attached. Movant understands that, if this Motion is granted, Movant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the

Order granting permission with the Supreme Court of Ohio Office of Attorney Services within thirty days of the Order. (Name of Movant/PHV Attorney) 3190-2012 PHV - (PHV Registration Number) American Humanist Association (Law Finn or Employer, if applicable) 1777 T St., N.W. ^Wash ngton, DC 20009 (City, State or Country, 7,[P Code) 202-238-9088 (Business Telephone) 202-238-9003 (Business Fax) bburgess@american humananist.org (Business B-Mail) 209 o trthoi-ge Rd.,.li,._._ e l in nnnn.f (Residential Address) /^ e^^ -0.

CERTIFICATE OF SERVICE I hereby certify that on this 3d day of September, 2012, the foregoing motion for admission pro hac vice was mailed by first-class mail, postage prepaid, to: David K. Smith Krista K. Keim Paul J. Deegan Britton, Smith Peters & Kalail Co., L.P.A. 3 Summit Park Drive, Suite 400 Cleveland, OH 44131 R. Kelly Hamilton The Law Office of R. Kelly Hamilton, LLC P.O. Box 824 Grove City, OH 43123 Rita M. Dunaway The Rutherford Institute P.O. Box 7482 Charlottesville, VA 22906 ^. e%ylr' ^i,-`/ American Humanist Association 3

'I'HE SUPREME COURT of OHIO OFFICE OFATTORNF,Y SERVICES F'OI2P%O HAC V{C:E t2wis9'kalioh..,c. per Gov. Bar R. XII^ Sec^lon 2(A)(3; Certificate of PRO HAC VICE REGISTRATION 2012 RQ^istt`ati^n Number: PAV 3190=^012 lliamn"burgess hacing met the requireriients of, and;fcrupd to be in ent;of tiie Bar of Ohio, is hereby'issued t certifica To receivepermission to r t on tnust be filed witii',the:fti'bunal in aecordance of Ride XiI of the he Governlnept of the IVr of E2'hlo;

IN THE MATTER OF THE MOTION OF CASE NO. 2012-0613 FOR PERMISSION TO APPEAR PRO HAC VICE follows: a. I have never been disbarred from the practice of law. AFFIDAVIT OF OUT-OF-STATE ATTORNEY Gov. Bar R. XII, Section 2(A)(6) being first duly cautioned, swears or affirms as b. I have been admitted to the practice of law in the following jurisdictions (attach additional jurisdictions if necessary): Virginia Florida District of Columbia c. Choose one: q3 I am not currently suspended from the practice of law in any jurisdiction where I have been admitted to practice. I am currently suspended from the practice of law in the following jurisdictions: q3 d. Choose one: I have not resigned from the practice of law with discipline pending in any jurisdiction...7.,. r t"'.- t,--'...,7.";rroa r^."-'..r;,a W1I^1G:111CLV4 VI.L.lI ULL^u1LLlrU LV t/iµvlivv. ^ I have resigned from the practice of law with discipline pending in the following jurisdiction(s): Jeho Choi Commonwealth of Virginia Notary Pyblic Commission No..349114 My Commissian ExpIres 10/31/2016 SIGNATURE OF APPLICANT Sworn to or affirmed before me and subscribed in my presence the ^ day of C C"r, 20^'?--, in the state of and county of *Affix stamp & seal (required in Ohio). SIGNATURE OF NOTARY PUBLIC*