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1 AOJO Rev. 112013 Report Required by the Ethics in Government Act <?/1978 FOR CALENDAR YEAR 2012 (5 U.S.C. app..h /OJ.I 11) Person Reporting (last name, first, mi ddle initial) Court or Organization Johnston, Thomas E. U.S. District Court, SDWV 05/01/2013 Title (Article III judges indicate active or senior status; magistrate judges indicate full- or part-time) U.S. District Judge Sa. Report Type (check appropriate type) D Nomination Date D Initial [Z Annual Sb. [{ Amended Report D Final 6. Reporting Period 01/01/2012 to 12/31/2012 7. Chambers or Office Address 300 Virginia Street, East, Room 6610 Charleston, WV 25301 IMPORT ANT NOTES: The instructions accompanying this form must be followed. Complete all parts, checking the NONE box for each part where you have no reportable information. POSIT! 0 NS. (Reporting individual only; see pp. 9-13 of filing instructions.) [{ NONE (No reportable positions.) POSITION NAME OF ORGANIZATION/ENTITY I AGREEMENTS. (Reporting individual only; see pp. 14-16 of filing instructions.) [{ NONE (No reportable agreements.) PARTIES AND TERMS

t Page 2of6 II N 0 N-JNVESTMENT IN CO ME. (Reporting individual and spouse; see pp. 17-24 ciffiling instructions.) A. Filer's Non-Investment Income [{ NONE (No reportable non-investment income.) SOURCE AND TYPE INCOME (yours, not spouse's) B. Spouse's Non-Investment Income - If you were married during any portion of the reporting year, complete this section. (Dollar amount not required except for honoraria.) [{ NONE (No reportable non-investment income.) SOURCE AND TYPE IV. REIMBURSEMENTS --transportation, lodging,food, entertainment. (Includes those to spouse and dependent children; see pp. 25-2 7 of filing instructions.) CZ NONE (No reportable reimbursements.) SOURCE DATES LOCATION PURPOSE ITEMS PAID OR PROVIDED

., Page 3of6 V. GIFTS. (Includes those to spouse and dependent children; see pp. 28-3I of filing instructions.) [{ NONE (No reportable gifts.) SOURCE DESCRIPTION VALUE VJ. LIABILITIES. (Includes those of spouse and dependent children; see pp. 32-33 of filing instructions.) [{ NONE (No reportable liabilities.) CREDITOR DESCRIPTION VALUE CODE

, Page 4of6 VI INVESTMENTS and TRUSTS -- income, value, transactions (lnc/11des those ofspo11se and dependent children; see PP 34-60 ofjiiing ins/ructions.) D NONE (No reportable income, assets, or transactions.) A. B. c. D. Description of Assets Income during Gross value at end Transactions during reporting period (including trust assets) reporting period of reporting period (2) (I) (I) (2) (3) (5) (2) (I) Place "(X)" after each asset Amount Type (e.g., Value Value Type (e.g., Date Value Gain Identity of (4) exempt from prior disclosure Code I div., rent, Code 2 Method buy, sell, mm/dd/yy Code 2 Code I buyer/seller (A-H) or int.) (J-P) Code 3 redemption) (J-P) (A-H) (if private (Q-W) tramaction) Hartford SMART 529 Plan I no control - WV Direct None K T Age-based Portfolio 16-17 D Hartford SMART 529 Plan 2 no control - WV Direct None K T Age-based Portfolio 14-15 D 6. 7. 8. 9. IO. 11. 1 1 1 1 16. 17. Income Gain Codes: A =$ l,000 or less 8 =$1,00 I -$2,500 c =$2,501 -$000 D =$001 -$15,000 E =$ 1001 -$50,000 (Sec Columns Bl and 04) F =$50.001 -$100.000 G =$100,001 -$1,000.000 HI =$1.000.001 -$5,000.000 112 =More than $5,000.000 Value Codes J =$1000 or less K =$1001 -$50.000 L =$50.001 -$100.000 M =$100.001 -$250.000 (Sec Columns Cl and 03) N =$250.001 -$500,000 0 =$500,001 -$1,000,000 Pl =$1,000,001 -$5,000.000 1'2 =$000,001 - $25,000.000 P3 =$25,000.00 I - $50,000,000 P4 =More than $50.000,000 Value Method Codes Q =Appraisal R =Cost (Real Estate Only) S =Assessment T =Cash Market (Sec Column C2) U =Book Value V =Other W =Estimated

Page 5of6 Johnston, Thomas E. Date or Report 05/01/2013 VII ADDITIONAL INFORMATION OR EXPLANATIONS. (lndicate part ofreporl.)

, Page 6 of6 IX. CERTIFICATION. I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory provisions permitting non-disclosure. I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are in compliance with the provisions of 5 U.S.C. app. 501 et. seq., 5 U.S.C. 7353, and Judicial Conference regulations. Signature: s/ Thomas E. Johnston NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILLFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.C. app. 104) Committee on Financial Disclosure Administrative Offce of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544