April 2020 eBulletin Issue 24

In This Section

Dear Friends,

Much has changed since we gathered in Tucson for the 2020 Spring Meeting. We were fortunate that the Meeting took place before the big spike in coronavirus diagnoses hit the U.S. and elsewhere so hard. We had a full house for the substantive morning sessions, a robust turnout for the CLE Program on investigative genetic genealogy, good weather throughout, and the privilege of welcoming 92 deserving new Fellows into the College. We even had a timely presentation on the coronavirus phenomenon by a Ph.D. infectious disease and epidemiology expert, an interesting introduction to what has become an international crisis.

New virus-related challenges now affect both how we relate to one another and how we care for the needs and uncertainties faced by our families, friends, and clients. Many of us have been directed to “shelter-in-place”, national borders have been restricted, and courts (federal, state, and province) have instituted significant changes in their calendars (including closures) and other operations. We are learning how to live with “social distancing” and doing what we can to ensure that psychological isolation does not overwhelm our desire for human interaction.

The situation has affected our ability to continue with the State and Province meetings that we all enjoy and the opportunities for collegiality that those events offer. Before “social distancing” and travel bans became commonplace, I made several trips to State and Province events, a special trip to Winnipeg to induct a newly-appointed (but not yet installed) judge, and presented the College award at the Gale Moot Cup in Toronto, Ontario. Terry joined many of these trips, and we enjoyed each one immensely. As we move into the late-Spring and Summer months I hope that the pandemic crisis will abate such that we can responsibly resume our collegial gatherings and that we can still celebrate the College’s 70^th anniversary at our Annual Meeting in Washington, DC in September. Most importantly in the short term, I hope that all of us and those we care for will be safe and healthy and that we will find ways to help those who need our concern and assistance.

Meanwhile, the work of the College will continue. A few examples: (1) Following a directive from public health officials in Orange County, California, the National Office Staff has organized to work remotely in support of the ongoing activities of the College. They deserve our deepest thanks and respect. Indeed, as I was being installed as President and thereafter, we have worked through the last-minute strike-related issues in connection with the Vancouver Annual Meeting, the considerable uncertainties related to the Tucson Spring Meeting, and now the complications presented by the current health crisis. We are lucky to have such devoted people with whom to work. (2) The Federal Civil Procedure Committee is looking into issues concerning potential tolling of statutes of limitations during the current crisis. The 2006 Federal Judiciary Emergency Tolling Act gave federal judges authority to waive statutes of limitations where emergency conditions make it impractical for the government, the courts, or litigants to comply with time deadlines. Today’s pandemic raises similar issues (e.g., where individuals are ill, are required to remain at home, or are detained by having to provide critical medical or other public services), and the Committee is evaluating whether additional legislation may be required to address access to courts and agencies of government. (3) The College recently issued two public statements on judicial independence issues. As provided in the College’s Guidelines for Public Statements, each statement was reviewed and approved by the Board of Regents in advance. (4) Although one of our Public Education Collaboration for Fair and Impartial Courts presentations (a joint effort with the National Association of Women Judges and part of our outreach in support of judicial independence) has been postponed, programming, training, refined timelines, and customized documents are being prepared so that live presentations can begin as soon as possible. (5) Mentoring and Diversity continue to be important areas of emphasis, reflected in current efforts to develop a “Mentoring Plan for Inductees” and a vibrant and active group of “diversity liaisons” in each State or Province. As a College we continue to think of ways to welcome our diverse Inductees and Fellows to our meetings and the ongoing relationships that are the fabric of our Fellowship. We will continue to put these practices into place and hope that our States and Provinces will do the same. (6) The College’s Special Problems in the Administration of Justice Committee (U.S.) recently filed a reply brief in support of the widow of a decorated Vietnam War veteran, a part of the College’s ongoing efforts to seek justice for disabled veterans. Click here to read the brief.

Times like these challenge us and, if we are lucky, allow us to recognize “the better angels of our nature” (Abraham Lincoln). M. David Lepofsky, who received the Samuel E. Gates Litigation Award at the Spring Meeting (view press release here) in recognition of his legendary advocacy for disability rights and his efforts to make courts and mediations accessible for all people, is an example for our times. In accepting the award, Mr. Lepofsky reminded us that we all are “the minority of everyone”, a message that was moving when delivered and which resounds in today’s uncertain climate. In thanking the College following the Tucson meeting Mr. Lepofsky observed: “I have had the opportunity to attend many, many conferences. Yours ranks among the finest I have experienced in over three decades. I want to also express our appreciation for the very thoughtful added touches . . . including the braille on the award itself and the braille copies of the conference program and banquet proceedings. We will cherish the award . . . and will display it with immense pride.” Mr. Lepofsky has turned personal challenges into opportunities for public service. Surely we, as a community, can do the same in the months to come.

Doug Young
ACTL President

2020 Dues Payment Reminder

The 2020 Annual Dues for the American College of Trial Lawyers were due January 1. Reminder notices and emails have been sent. If your dues remains unpaid, you are in jeopardy of being terminated in accordance with the Bylaws. Payment can be made online at www.actl.com and clicking the green “Pay Dues” button under the Fellows Actions column on the home page. From the website, you can also print your invoice to submit to your accounting department by going to “My Account” and clicking Invoice History. Please remember that in order to pay your dues or view your invoice, you must be logged in. If you have any questions or need your login credentials, please contact the National Office at 949.752.1801 or nationaloffice@actl.com.

2020 Spring Polling Reminder

The spring polls will be opening in a few weeks. Be sure to take this opportunity and tell us what you know about the candidates in your jurisdiction who are being considered for Fellowship. Your input is critical to this process. When the polls open, you will receive an email with instructions to complete the poll online. Please be sure we have a current email address for you.

Heritage

The College will celebrate its 70^th Anniversary at the 2020 Annual Meeting in Washington, D.C., Sept. 24 - 27. The Executive Committee has asked the Heritage Committee to look back on the history of the College and present an experience for Fellows at the Annual Meeting consisting of presentations to the College, as well as video footage and photographs of historical value. The Heritage Committee asks that any Fellow who has significant memories or items of historical value, pass those on to the Heritage Committee. Please do so by contacting the Chair or Vice Chair:

Ron McLean – Chair
Phone: 701-232-8957
rmclean@serklandlaw.com

Kent Hyde – Vice-Chair
Phone: 417-831-4046
kent@hydeloveoverby.com

Updates on General Committees

Access to Justice and Legal Services: The committee is actively supporting the work of the pro bono Fellows and looks to encourage all members of the College to identify additional Fellows who might qualify for selection. The committee is working to promote support among all Fellows for increased and stable Legal Services Corporation funding, additional resources for the organizations who serve low income individuals, and greater information and resources for organizations such as the Innocence Project, NLADA, and Immigration Crises Solution groups.

Attorney-Client Relationships: The committee is working on a white paper focused exclusively on the work product doctrine and distinguishing it from the attorney/client privilege. The committee is also addressing advance conflict waivers in engagement letters. It has been suggested that this could be a joint project with the Legal Ethics and Professionalism Committee.

Boot Camp Trial Training Programs: The committee is dedicated to developing programs in the federal courts throughout the U.S. If you have an interest in helping to present a young lawyers Bootcamp Trial Training Program in your jurisdiction, reach out to the committee. The committee is creating a library of books, chapters of books, power point presentations, and articles for distribution, free of charge, to the young lawyers attending the boot camps. Contact the committee if you wish to contribute your writings or portions thereof to the library, after obtaining publisher approval.

Canada-U.S.: The committee is preparing a white paper for publication on the challenges presented in cross-border evidence collection in support of legal proceedings in either the U.S. or Canada and identifying useful tools and resources for practitioners.

Federal Civil Procedure: The committee submitted a public comment to the Advisory Committee on the Federal Civil Rules opposing a proposed amendment to Rule 7.1 of the Federal Rules of Civil Procedure. The rule would require any non-governmental entity whose citizenship for diversity jurisdiction purposes is based on the citizenship of its members to provide in its Rule 7.1 disclosure statement the names and citizenships of each of its members. The ACTL opposed the amendment because it will not promote jurisdictional certainty and will jeopardize the confidentiality afforded to members of limited liability companies and other like entities.

Federal Criminal Procedure: The committee is busy finalizing a revision to its 2008 white paper on internal corporate investigations.

Federal Rules of Evidence: Committee Chair Daniel Thomasch attended the most recent meeting of the Advisory Committee, held at Vanderbilt Law School in Nashville, on Oct. 25, 2019.

Heritage: Through contacting state/province chairs and Heritage Committee Members, agreements have been secured to film videos of senior Fellows for the following states and provinces: Illinois, Iowa, Minnesota, Wisconsin, Pennsylvania, Manitoba, Quebec, and Nova Scotia.

International: On behalf of the committee, Committee Chair Robert Goodin agreed to participate in, and help organize, an effort with the Boot Camp Trial Training Program Committee, and its chair Paul Mark Sandler of Baltimore, Maryland, to conduct a trial advocacy training program for lawyers in the United Kingdom, along the lines which has been done by the College in the U.S. Committee Chair Sandler is in preliminary discussions with his contacts at the Honorary Society of the Inner Temple, London and Pembroke College, Oxford who, Sandler reports, are both enthusiastic about the prospect of helping sponsor, and each hosting, a program. It is anticipated that this will take place in the latter part of 2020 or perhaps early 2021.

Judicial Independence: The committee is the inaugural body in the College devoted to protecting judicial independence. The committee is reliant on Fellows from various jurisdictions throughout the U.S. and Canada in at least three respects: (i) to play an ongoing role in educating lawyers, judges and members of the public about the extraordinary importance of judicial independence, and the need to safeguard this principle at every turn; (ii) to bring to the attention of our Committee attacks on judicial independence on a timely basis when they occur; and (iii) for those Fellows who are active participants in State or Province Organizations or Committees, to play a “first-responder role” in formulating and issuing statements or other responses on a timely basis when attacks on judicial independence arise. The reality is that the committee is not large enough, and does not have the necessary resources, to take on all these tasks on its own throughout North America without the ongoing assistance of our colleagues. Fellows are asked to participate actively in achieving the mission of our Committee in the communities in which they live and work, hopefully on a collaborative basis in coordination with one or more members of the committee.

Judiciary: The work of the committee this year has been devoted to identifying resources and providing support to the Task Force on Judicial Independence as well as the ACTL NAWJ Informed Voters Fair Judges Project. For the ACTL NAWJ project two of the five liaisons for the first programs are from the Judiciary Committee: Committee Chair Mark Anderson of North Carolina and Jimmy Rogers of Washington. As that project moves forward with programs in more states additional support from the Judiciary Committee has been identified as a priority.

Legal Ethics and Professionalism: Throughout 2019, the committee worked with the Teaching Trial and Appellate Advocacy Committee on a Civility Project that led to the recording of several civility vignettes at the Annual Meeting in Vancouver. The project included a plan to develop working groups in Philadelphia, Toronto, and Denver led by ACTL Fellows that would conduct pilot programs with the goal of creating templates for Civility Project programs that can be easily adapted for use in other CLE settings. Joe Crawford, Chair of the Teaching of Trial and Appellate Advocacy Committee conducted the first program in Philadelphia, using the Civility Initiative Project vignettes. This is a project the committee will build on and grow in 2020, with the goal of developing an easy-to-use template that Fellows and others can use. The committee is exploring how and whether to work on a video on the subject of “Confronting Your Fear of the Courtroom,” perhaps in cooperation with another committee.

National Moot Court Competition: The committee is working with the New York City Bar on a project to increase law school participation in the competition. Although 194 law schools sent teams to the Regionals this year, participation is down from historic highs. To prevent further erosion and to recapture some lost participants, with the Board’s approval the committee expects to enlist alumni-fellows to make targeted appeals to their law schools to become or to stay involved and to shoulder responsibility for hosting the competition in their region on a rotating basis. The committee is currently conferring with partners at the New York City Bar to develop a target list, and plan on making a specific proposal through Regent Larry Krantz later in the year.

Outreach: The committee is continuing to work with Fellows who have presented excellent CLE programs for which there are reproducible materials (film clips, scripts, hypotheticals, teaching materials, etc.) that can be "packaged" and made available to all Fellows. The Ethics vignettes are the best example of this kind of reproducible, packaged program. The committee intends to add a variety of such packaged presentations and activities to the Outreach Library.

Public Defenders: The committee recently completed a recruitment effort to invite all known public defenders in ACTL to join the committee and become active. The committee has now exceeded 25 members. Other activities include reviewing the white paper distributed by the Federal Criminal Procedure Committee on Criminal Justice Reform and considering ways the committee can enhance and contribute to their work in the field of indigent defense.

Special Problems in the Administration of Justice (U.S): On Nov. 27, 2019, Williams & Connolly LLP filed the Opening Brief in the U.S. Court of Appeals for the Federal Circuit on behalf of the last remaining client in the veterans’ delay litigation. The client, Eugenia Mote, has been battling nearly seven years since the VA denied Agent-Orange-related disability benefits to her now deceased husband, Wayne Mote, a decorated Vietnam War veteran. The committee expects to complete briefing and have oral argument in the coming year.

Teaching of Trial and Appellate Advocacy: The committee is: currently involved in developing a model one-hour CLE program on civility featuring videos by several ACTL Fellows on that subject; presenting an intensive trial advocacy training program to an excellent and diverse group of 35 lawyers from October 23 through October 25 in Chicago; and working on other trial and appellate advocacy training programs.

Updates from State & Province Committees

Alabama: Fellows presented five separate 1.5 hour ethics seminars, including four geared to new bar admittees. Additionally, the Fellows are scheduled to present a day-long seminar to the Alabama Circuit Judges.

Alaska: The Northwest Regional meeting will be held in Alaska July 9-11, 2020

Arkansas: Arkansas Fellows held their annual dinner in December at the Capital Hotel in Little Rock, with President Young in attendance.

British Columbia: Dinyar Marzban of Vancouver, British Columbia, is part of the Access to Justice Pro Bono Fellows Initiative. The next state meeting is scheduled for October 2020.

California-Northern: Fellows were pleased to host Region 13’s representatives for the National Trial Competition at U.C. Berkeley School of Law beginning Jan. 30, 2020. A week later, the new San Francisco District Attorney Chesa Boudin attended the annual Fellowship dinner. DA Boudin, whose fascinating background and controversial selection as the chief law enforcement officer of the City and County of San Francisco, was introduced by Judicial Fellow, the Honorable Charles Breyer, a Senior U.S. District Judge of the U.S. District Court for the Northern District of California and a recent speaker at the Spring Meeting in Tucson, Arizona.

Colorado: At the suggestion of Colorado Fellow Jim Lyons, State Committee Chair Michael McCarthy and Lyons met with the Chief Judge of the Denver District Court (Colorado State Court) and have, in coordination with the Chief Judge, organized and implemented a program in which Colorado Fellows are volunteering to mediate cases pending in Denver District Court in an effort to alleviate the overwhelming case load that now exists. The Colorado Fellows, in cooperation with the CLE organization for the Colorado Bar Association, presented a day-long CLE, “Winning at Trial” on Nov. 22, 2019 . Fellows are planning to present this CLE again in late Fall 2020.

Connecticut: Connecticut is again assisting with the Massachusetts State Committee with its annual trial skills seminar which is being conducted in Boston, Massachusetts. Connecticut Fellows will be serving as judges for the mock trial program.

Delaware: Over the last few months, the committee has been involved in planning for a variety of activities for the upcoming year, including several potential CLE programs and a possible community outreach effort to introduce high school students to opportunities in the Delaware bar.

District of Columbia: Fellows supported the National Trial Court Competition for law students held each year in Texas. Through the efforts of Committee Vice Chair, Brian Heberlig, D.C. Fellows participated in serving as judges and jurors at the regional competition held at the American University Law School in Washington, D.C. on Feb. 7-10, 2020.

Florida: In January, the Florida Fellows hosted the Georgia-Alabama-Florida tri-state meeting in Sarasota.

Hawaii: Fellows have spoken to representatives of the state judiciary regarding an ACTL sponsored seminar in conjunction with the Young Lawyers of the Hawaii Bar on jury selection.

Illinois-Upstate: Fellows will host a Trial Practice Boot Camp program in Chicago, and many will serve as faculty for the College’s Diversity Trial and In-House Litigation programs.

Iowa: The upcoming summer meeting is set in Davenport for Aug. 7-8, 2020.

Kansas: Fellows fulfilled the request for Stephen Susman, Executive Director of the Civil Jury Project at NYU School of Law, to co-sponsor the Civil Jury Project at NYU’s first Wichita Jury Improvement Lunch on Dec. 10 at the federal courthouse. Former Kansas State Committee Chair Amy Lemley assisted in obtaining judges for the regional trial competition.

Kentucky: Outreach Liaison and State Committee Vice Chair Jonathan Freed led a team of Fellows who prepared a presentation for the KBA Annual Convention this summer. This is the second year of the KY ACTL Ethics Program. Fellows are coordinating a trial skill training program in September or October of 2020 for legal aid attorneys.

Louisiana: Having canceled the Regional Meeting set for May 2020 in New Orleans, the Louisiana Fellows will host a Spring 2021 Regional Meeting at a time and place to be determined.

Manitoba: Fellows are developing an advocacy program in cooperation with The Law Society of Manitoba.

Maryland: Fellows continue to present/sponsor a trial course offered by the University of Maryland School of Law and the University of Baltimore School of Law. Two or three Fellows appear at each class throughout the semester to address and present on each stage of a litigation matter involving a medical malpractice claim. Fellow Bob Hanley of Towson serves as the ACTL moderator for this very successful program. Fellows have been presenting/sponsoring this course for more than a decade. Fellows are also actively involved with the Regional Law School Trial Competitions, which are held annually (in February) at American University.

Massachusetts: Fellows recently were judges at the Regional Moot Court Competition held at Suffolk University Law School in Boston. Fellows volunteered as judges for the National Mock Trial competition at Boston College. As in the past, Fellows are planning to hold the annual Trial Skills program in May.

Michigan: On an annual basis, members of the Michigan State Committee and Fellows at large, participate in moot court competitions.

Mississippi: For the third year in a row, the Fellows presented the ethics program at the Mississippi Trial and Appellate Judges Conference in October. In February, the Fellows held their annual dinner at the Capital Club in Jackson.

Missouri: Fellows have been active assisting with the ACTL mock trial competition in St. Louis in February, planning a seminar for public assistance lawyers in June, as well as a seminar addressed targeting a female audience in October 2020. The Missouri Fellows dinner will be held in September in Kansas City in conjunction with the Missouri Bar meeting.

Montana: The first state meeting in many years was held on Sept. 6, 2019 in Missoula. Fellows were honored to welcome then President Jeff Leon.

Nevada: Nevada hosted a dinner gathering of Fellows at a local venue in Las Vegas in December 2019. Thanks to Fellows to Fellow Walt Cannon and Don Campbell for arranging the evening and Secretary Susan Harriman for joining in the activities. The State Committee is in the discussion stages of a potential event later in 2020 to coincide with the retirement of a Nevada Supreme Court Justice.

New Jersey: Fellow Ed Kole moderated the 2nd Annual Federal Pro Bono Institute on Sept. 20, 2019 that featured judges and lawyers active in the District of New Jersey’s prisoner re-entry program and other pro bono initiatives. Fellows Brian Neary, Eric Breslin, and Robert Stahl led the faculty of the Criminal Trial Advocacy Institute on Oct. 5, 2019, educating trial lawyers in identifying, preparing, and presenting expert witnesses in criminal cases. The CLE was presented in cooperation with the ACTL.

New Mexico: Planning for the New Mexico annual meeting is underway. The meeting is scheduled to be held in September 2020.

New York-Downstate: Fellows are planning a trial practice training program for public service employees in June. The program will be taught by Fellows. Fellows also are working on contributions to the historical biographies of the College and hope to provide at least one significant judicial interview soon.

New York-Upstate: Fellows are in the process of scheduling CLE programs in conjunction with Albany Law School and the Albany County Bar Association.

North Dakota: The Fellows are very active with the one law school in the state, teaching courses, and hosting and judging competitions. The next meeting of the State Committee is set for June 2020 at the North Dakota State Bar meeting.

Ohio: Fellows are finalizing plans for a Trial Skills Boot Camp to take place in Cincinnati on May 1, 2020. Legal aid and public service lawyers will be admitted free of charge. Fellows volunteered to serve as judges in Cleveland for the regional ACTL mock trial competition in early March 2020. At the first state committee meeting, each recent inductee was assigned a mentor to foster engagement with the ACTL.

Oregon: At the Oregon Fellows annual holiday dinner, the Oregon State Committee awarded the Don Marmaduke Award to longtime Fellow and former State Committee Chair Rich Busse. This award is given to a fellow who has demonstrated extraordinary dedication to the rule of law and access to justice.

Pennsylvania: The State Committee continues to work with the Administrative Office of Pennsylvania Courts (AOPC) to provide content and faculty for Continuing Judicial Education. Fellows help develop and present, under the aegis of the College, a 4-hour program as part of the required 12 hours of CLE that all state court judges are required to complete annually. The AOPC anticipates collaborating with the College on at least six such programs for 2020 and the State Committee is actively recruiting Fellows to participate. The State Committee continues to collaborate with Temple University Beasley School of Law presenting the “Masters of Litigation Program,” a trial skills CLE training program and completed its third annual program on Nov. 1, 2019. The program included an ethics hour on civility initiated by Teaching of Trial & Appellate Advocacy Committee Chair Joe Crawford, aimed at changing racist, sexist, and other intentionally demeaning conduct. State Committee Vice Chair John Conti is exploring a collaboration with Duquesne University, School of Law, to create a trial seminar using Temple’s Masters of Litigation as a model.

Québec: Fellows held outreach events at the Faculties of Law of McGill University (Mar. 11, 2020), Université Laval in Quebec City (Oct. 10, 2019) and Université de Montréal (Sept. 19, 2019).

Saskatchewan: Fellows continue their involvement in the Sopinka Moot Court competition, as well as remaining active in area CLE programs.

South Carolina: Fellows held their annual dinner at Palmetto Bluff Resort in Bluffton, South Carolina, on Feb. 7-9, 2020. Fellows have planned a CLE program on “Civility, Professionalism, and Ethics” to be presented in the fall at the University of South Carolina School of Law. The program will include as speakers a U.S. District Judge, the Dean of the Law School, and several South Carolina Fellows, including the current and immediate past Chairs. Young lawyers will be the target audience for the program. Fellows also hope to present a program in the fall of 2020 addressing attacks on the independence of the judiciary and Russian assaults on the American justice system. Many Fellows participated as judges in the National Trial Competition that were held in South Carolina in February.

South Dakota: Fellows are working with the only law school in the state. The new Dean is a former partner of State Committee Chair Robert Anderson; hence there is opportunity to speak, judge moot court and client counseling competitions, and provide assistance to the South Dakota Law Review. Additionally, there are increasing efforts to speak to students in grade, middle, and high school on civics and the legal system. In September 2019, South Dakota successfully hosted the Regional Meeting in the beautiful Black Hills.

Texas: Texas Fellows enjoyed a Holiday Celebration in December in Houston, with approximately 80 Fellows in attendance, including several new inductees. Planning is underway for the Fellows summer luncheon, to be held in conjunction with the State Bar meeting in Dallas.

Utah: The committee is planning a Boot Camp Trial Training Program to be held on June 4, 2020 at the University of Utah law school. The camp will use the Rosenberg Spy case to explore the anatomy of a trial. The majority of the registration fees will be donated to “And Justice For All,” which provides legal services to families struggling with abuse, disability, and discrimination.

Vermont: Fellows once again collaborated with the Vermont Bar Association in presenting an intense one-day Trial Advocacy Program for legal aid lawyers, less-experienced practitioners in the public sector, and law students. Several state and federal judges also participated in the program, which was well-attended and very well-received.

Virginia: Following the success of previous presentations of the public interest lawyer seminar, the Virginia State Committee is working to put on another seminar. The hope is that it can be ready to go in the fall of 2020. Several Virginia Fellows participated as judges in the National Moot Court Competition, which was held in Nov. 2019. Eight Fellows were slated to participate in the National Trial Court Competition as judges at American University Washington College of Law.

Washington: Fellows held their annual dinner on Oct. 24, 2019 at the PacMed Tower, which overlooks the city of Seattle. The dinner was well-attended by approximately 80 Fellows/guests, including Regent, Mona Duckett, President Doug Young, and several Fellows from Oregon, including Oregon State Committee Chair Renee Rothauge.

Wyoming: On July 17, the Wyoming Fellows will host a dinner for President Young in Casper. It is expected that local State and Federal Judges will attend.

The College recognizes extraordinary individuals and their important contributions to the law through the two awards described below. A nominator need only submit a letter of support, and the award committee will complete an investigation before deciding whether to recommend the person to the Board of Regents. Please consider nominating a worthy recipient. You may send your letter to nationaloffice@actl.com or directly to the committee chair indicated below.

Beverley McLachlin Access to Justice Award

The Award, named for The Honourable Beverley McLachlin, former Chief Justice of the Supreme Court of Canada, is to be awarded to a judge or a member of the bar in the United States or Canada, whether or not a Fellow of the College, who has played an exceptional role in creating and promoting access to justice. The Award will recognize innovative measures or extraordinary personal commitment and professional dedication which have enhanced access to justice in the United States or Canada.
Chair: Guy J. Pratte, gpratte@blg.com

Sandra Day O'Connor Jurist Award

The Award is to be given from time to time to a judge in the United States or Canada, whether or not a Fellow of the College, who has demonstrated exemplary judicial independence in the performance of his or her duties, sometimes in especially difficult or even dangerous circumstances. A nomination form can be found here.

Chair: David E. Dukes, david.dukes@nelsonmullins.com

NATIONAL MEETINGS

2020 Annual Meeting

September 27-29, 2020
JW Marriott
Washington, District of Columbia

2021 Spring Meeting
March 4-7, 2021
Grand Wailea Resort Hotel & Spa
Maui, Hawaii

REGIONAL MEETINGS

Northwest Regional Meeting
(Alaska, Alberta, British Columbia, Idaho, Montana, Oregon, Washington)
July 9-12, 2020
The Hotel Alyeska
Girdwood, Alaska

STATE/PROVINCE MEETINGS

May 4, 2020
New Hampshire Fellows Dinner
Manchester, New Hampshire

May 18, 2020
New Brunswick Fellows Dinner
TBA

May 19, 2020
Nova Scotia Fellows Dinner
TBA

May 20, 2020
Newfoundland and Labrador Fellows Dinner
TBA

May 21, 2020
Quebec Fellows Dinner
Montreal, Quebec

June 24, 2020
Kentucky Fellows Dinner
TBA

June 26, 2020
Texas Fellows Summer Luncheon
TBA

Jerome I. Braun of San Francisco, California received the Bill Edlund Award for Professionalism in the Law at a celebration in the Ninth Circuit Courthouse in San Francisco on Feb. 6, 2020.

Richard G. Dearden of Ottawa, Ontario will receive The Advocate Society's John P. Nelligan Award for Excellence.

John (Jack) P. O’Hale of Smithfield, North Carolina, received the Wade M. Smith Award from the Criminal Justice Section of the North Carolina Bar Association presented in part by last year’s former award recipient, Fellow Claire Rauscher.

John S. Siffert of New York, New York was named New York Lawyers for the Public Interest 2020 Law and Society Award Honoree. Read More

C. Colon Willoughby, Jr. . of Raleigh, North Carolina was sworn in as president of the North Carolina State Bar at the State Bar’s Annual Dinner on Oct. 24, 2019.

Tri-State Regional Meeting, Sarasota, Florida, January 23-26, 2020: President Young traveled to Florida for the Tri-State Regional Meeting (Alabama, Florida, Georgia) which was held in Sarasota and this year was hosted by the Florida State Committee. The meeting featured the attendance of Past Presidents Jack Dalton, Chilton Varner, Sam Franklin, Regent Rick Dean, and Former Regent Rufus Pennington. The meeting included a wide range of speakers on topics from the prosecution of Ted Bundy, examinations of a variety of children issues, the Pulse Nightclub shooting and its consequences for the community, the Bush vs. Gore election case, and challenges of the running of Florida State University presented by its President. President Young presented his remarks, focusing on the College Diversity commitment and its various programs on enhancing civility. There was also a discussion regarding the current political climate and some of the issues that will be key to the 2020 election moderated by a political scientist from the University of South Florida. The program was highlighted by a vibrant and moving performance by the Westcoast Black Theater Troupe, a Saratoga organization with a mission to provide professional theater, develop African-American artists, and build self-esteem of African-American youth.

NE Fellows Black Tie Dinner, Boston, January 24, 2020: President-Elect Rodney Acker attended the Northeast Regional Black-Tie Dinner of Fellows held in Boston on Jan. 24, 2020. President Young was, of course, in Sarasota for the Tri-State meeting on this evening. The meeting was attended by approximately 100 Fellows, including several Former Regents and Past President Joan Lukey, Regent Marty Murphy, and Massachusetts State Committee Chair Peter Ettenberg, who actively participated in organizing this meeting. President-Elect Acker made remarks, focusing on critical issues to the College – diversity, mentoring, boot camps – and brought forth a welcome from the College leadership. State Committee Chair Ettenberg spoke on efforts to move the College forward with active programming in the Northeast Region and Fellow Richard Zielinski made a presentation urging Fellows to volunteer as judges in the upcoming regional trial competition. The guest speaker for the evening was Natashia Tidwell, a former police officer and currently counsel at Hogan Lovells. Ms. Tidwell is head of the Oversight Commission for Ferguson, Missouri and critically involved in diversity issues, which she properly noted the College can do much more to support.

South Carolina Fellows Meeting, Bluffton, February 6-10,2020: President-Elect Rodney and Judy Acker attended the South Carolina Fellows meeting, which was attended by about 40 South Carolina Fellows. The Fellows maintained their reputation as a fun and “rowdy” group. State Committee Chair Wallace Lightsey hosted the meeting, which was characterized by several wonderful dinners and receptions and great South Carolina cuisine. Judicial Fellow Marvin Quattlebaum, Jr. spoke during the business meeting on his recent experience in being appointed to the Fourth Circuit Court of Appeals and there was an educational program regarding a trial involving John Lennon. President-Elect Acker made his remarks during the black-tie dinner and stressed the key issues of diversity, civility, training, and judicial independence as major activities of the College.

Northern California Fellows Dinner, San Francisco, February 7, 2020: President Young and First Lady Terry Young attended the annual dinner of the Northern California Fellows, which was well attended by over 100 Fellows and guests. Attendees included Former Regents, John Cooper and Rob Goodin, a number of Judicial Fellows, including Charles Breyer (who was a speaker in Tucson, and spoke at this dinner), Judicial Fellow Teresa Caffese, and a number of other distinguished Fellows. President Young made short remarks describing his work and travels as President and celebrating his observation that the Rule of Law is being protected, in his view, across the continent. He gave a “shout out” to Fellow Jim Brosnahan (2000 recipient of the Samuel E. Gates Litigation Award) and discussed the work of the College in areas of diversity, access to justice, mentoring (including the civility initiatives), and the work of the Judicial Independence Committee. Following President Young’s remarks, Judge Breyer spoke and then newly elected San Francisco District Attorney Chesa Boudin gave remarks on his vision of the District Attorney’s Office and comments on California’s bail system.

Utah Fellows Dinner, Salt Lake City, February 8, 2020: President Young and First Lady Terry traveled to Salt Lake City for the Utah Fellows Dinner, hosted by Utah State Committee Chair Andrew Morris. The meeting included about 40 people, among the attendees were Past President Fran Wikstrom and the Honorable Linda Jones. Regent Paul Hickey made an introduction of President Young and First Lady Terry, and President Young offered remarks regarding the usual key initiatives of the College and the activities that were planned in the ensuing months. Those in attendance commented favorably on the fact that the College was focused on helping young lawyers deal with the fear and anxiety of trial practice.

National Moot Court Competition Final Rounds, New York, February 10-13, 2020: President Young traveled to New York City to attend the final round of the National Moot Court Competition Final Rounds and to serve as a judge for the final argument. The Moot Court Competition pitted teams from Georgia and Texas. President Young offered welcoming remarks to the parents, friends, spouses, and coaches in advance of the argument. The final argument involved judges from the State and Federal Bench in New York, as well as the President of the New York City Bar. During the following cocktail reception and dinner, President Young discussed the background of the John W. Davis Cup, provided to the winners, and the College’s interest in supporting this important competition.

Gale Cup, Toronto, February 14-15, 2020: President Young and First Lady Terry were hosted by Immediate Past President Jeff Leon and his wife Carol Best at their home in Toronto as they attended the Gale Cup Moot. The Gale Cup is the premier bi-lingual advocacy competition and a well-attended meeting was assembled as the backdrop for the competition. Law students from across Canada were competing for a variety of prizes, and many Canadian jurists were in attendance serving as judges on the various arguments. President Young attended many of the competitions and also had the opportunity to interact with many of the students, lawyers, and judges who were present for the event. The Youngs attended the post-argument awards reception and dinner and enjoyed the key-note speaker remarks of Honorary Fellow and Justice of the Supreme Court of Canada Sheilah Martin. President Young had the opportunity to present Dickson Medals, named after Justice Brian Dickson, to successful competitors and to offer remarks on the value the College places on this competition and its role in sponsorship. During the meeting, the College’s statement release on Judicial Independence, and specifically the President’s attacks on Justice Berman and the juror, were announced to the group receiving applause from the lawyers, students, and other officials in attendance.

Special Induction Ceremony of Ted E. Bock, Winnipeg, February 25, 2020: President Young attended the special induction ceremony for Ted E. Bock in Manitoba just before his elevation to the Court of Queen’s Bench of Manitoba. Bock was approved for induction by the Board of Regents and was scheduled to be present in Tucson for the induction ceremony. However, shortly before that meeting, he and the College learned that he had been nominated to the Court of Queen’s Bench of Manitoba. Therefore, to be inducted, the ceremony needed to precede his ascendancy to the Bench. As a result, President Young traveled on short notice to Winnipeg on Feb. 25^th to officiate and celebrate Mr. Bock’s induction. The induction took place at the offices of Thompson, Dorfman, and Sweatman, at a ceremony hosted by Manitoba Province Committee Chair Gordon McKinnon and a number of other Manitoba Fellows who were present for the event. President Young gave a short presentation to the group on the induction process and then provided the induction charge to Mr. Bock. He was greatly honored and grateful to be joining the College, and also for the exceptional efforts that were undertaken in order to accomplish that before his taking the Bench. Following the induction ceremony at the law firm, the group traveled to a nearby Italian restaurant and had a wonderful reception and dinner celebrating the occasion.

The following Fellow has been elevated to the bench.

Ted E. Bock
Winnipeg, Manitoba
Justice
Court of Queen’s Bench of Manitoba
February 6, 2020

The College extends congratulations to Justice Bock.

The College has been notified of the passing of the Fellows listed below. The date after each name notes the year of induction into the College, and the date following the city is the date of his or her passing. A tribute to each will appear in the In Memoriam section of a subsequent issue of the Journal.

Alaska
Donald A. Burr, ’83, Anchorage, February 4, 2020

British Columbia
Mark Andrews, Q.C., ’08, Vancouver, March 20, 2020

California
Salvatore Bossio, ’72, Davis
William B. Enright, ’69, San Diego, March 7, 2020
Alan N. Halkett, ’85, Palos Verdes Estates, January 30, 2020

Indiana
William F. McNagny, ’71, Fort Wayne, January 27, 2020

Iowa
Dennis M. Gray, ’87, Council Bluffs, November 22, 2019

Maryland
David N. Webster, ’82, Oxford, January 28, 2020

Massachusetts
Past President Michael E. Mone, ’84, Boston
Seymour Weinstein, ’73, Boca Raton, Florida, February 15, 2019

Nebraska
Terrence D. O’Hare, ’93, Omaha, January 22, 2020

New Jersey
Former Regent Jerome J. Graham, Jr., ’87, Morristown, March 20, 2020

North Carolina
William D. Cremins, ’97, Southport, March 18, 2020
Fred G. Crumpler, Jr., ’88, Germanton, January 19, 2020

Quebec
Yoine Goldstein, Ad.E., ’88, Montreal, March 18, 2020

South Dakota
Robert D. Hofer, ’93, Pierre, January 9, 2020

Tennessee
Robert J. Turley, ’88, Nashville, March 15, 2020

Texas
James E. Coleman, Jr., ’74, Dallas, February 22, 2020

Virginia
R.D. McIlwaine III, ’71, Petersburg, February 21, 2015

Washington
J. Adam Moore, ’96, Naches, February 10, 2020