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Dear Friends,

It is hard to believe that August is upon us already. Summer days remain, of course. But fall is beckoning, and this year it brings significant uncertainties associated with the pandemic, the upcoming election cycles, and urgent and consequential societal issues that we cannot ignore. All of this commands our attention in ways we could not have imagined a year ago. It is now clear that the paths forward will not be easy or short, and that the issues that have dominated our dialogues for the bulk of 2020 will remain long after the year has closed. It is my hope that, in furthering the College’s commitment to the administration of justice, our parallel commitments to civility and collegiality will ensure that we permit all voices to be heard and respected.

In that spirit, I believe it is appropriate to recognize and honor the life of Congressman John Lewis, lost to the world only a few days ago as I write this message. He was an example of the best of us even as he confronted those things for which we cannot be proud. And he represented the power of hope, as a leader and visionary who helped usher in the Civil Rights Act of 1964, the Voting Rights Act of 1968, and the Fair Housing Civil Rights Act of 1968 after standing with the Reverend Dr. Martin Luther King, Jr. in the march to cross the Edmund Pettus Bridge and the march on Washington, D.C. that culminated in the “I Have a Dream” speech. The words that preceded his well-known and often-quoted “good trouble, necessary trouble” comments have meaning in many contexts today: “Do not get lost in a sea of despair. Be hopeful, be optimistic. Our struggle is not the struggle of a day, a week, a month, or a year, it is the struggle of a lifetime.”

The 2020 Annual Meeting and 70th Anniversary Celebration

It is clear that the decision to move the Annual Meeting and 70th anniversary celebration to a “virtual event” was correct in every respect. Terry and I are disappointed not to be anticipating the joy of mingling with the Fellows and their companions among the special trappings of Washington, D.C., of course; but knowing that the health of those who would attend will not be compromised brings peace of mind. No one expects that “virtual” meetings will become the norm for College events: that would defeat one of the fundamental attractions of our fellowship. But the ability to work with new tools and formats, made possible in large part by the creativity and dedication of the National Office staff, has allowed us to attract outstanding speakers to the meeting. The virtual event will permit Fellows and guests to hear from, among others:

--- Supreme Court Justices: Chief Justice John G. Roberts, Jr. (U.S. Supreme Court), Chief Justice Richard Wagner, Justice Suzanne Côté, and Justice Nicholas Kasirer (Supreme Court of Canada), Lady Arden of Heswall (The Supreme Court of the United Kingdom). 

--- A Law School Dean: G. Marcus Cole, Joseph A. Matson Dean and Professor of Law, University of Notre Dame.

--- A Prominent Public Servant: Former U.S. Senator and Secretary of Defense, William Cohen.

--- Best-Selling Authors: Novelist and attorney Scott Turow (current novel, The Last Trial), and author and attorney former U.S. Attorney Kent Alexander (The Suspect: An Olympic Bombing, the FBI, the Media and Richard Jewell, the Man Caught in the Middle).

--- A Businessman and Veteran of the Civil Rights Movement: Dr. Robert J. Brown, who worked with Martin Luther King, Richard Nixon, and Nelson Mandela.

--- First Amendment Experts: Fellow Chip Babcock, the Honorable Wallace Jefferson (Supreme Court of Texas), Hollywood writer and producer Adam Sztykiel, and a surprise guest on a panel discussing Comedy in the Age of COVID: Politics and Correctness.

--- Sports Figures: The Executive Directors from four major sports organizations (Major League Baseball Players, Inc., National Basketball Players Association, National Football League Players Association, and the National Hockey League Players Association), moderated by the Senior NFL Writer, The Undefeated, Jason Reid, discussing Challenges of Returning to Play in A Year of Uncertainty, including such topics as player health and safety, fans versus no fans, player compensation in the event of an interrupted or cancelled season, and more.

Also, we are co-sponsoring a CLE session with the Supreme Court Historical Society entitled Plessy v. Ferguson and the Evolution of Test Cases. Participants include Steve Luxenberg and Fellows Carter G. Phillips and Seth P. Waxman. Following their presentation a panel will be moderated by Clare Cushman, Resident Historian and Director of Publications at Supreme Court Historical Society. For this and more information about the 2020 Annual Meeting and 70th Anniversary Celebration visit the College's website, www.actl.com.

Task Force on Advocacy in the 21st Century

By now the work of the Task Force on Advocacy in the 21st Century is well known. The Task Force has issued “Interim Guidelines” on the use of remote video in conducting appellate arguments, nonjury trials, remote hearings, depositions and examinations, and the mastery of “Zoom-type” advocacy generally. It has also issued “Interim Guidelines” covering issues to be considered when preparing for and conducting civil jury trials during the pandemic and a general-but-comprehensive paper identifying constitutional protections implicated by the reopening of criminal courts in the face of the pandemic. These papers are posted on the College website and are also linked here. This 15-person Task Force, featuring jurists and lawyers from the U.S. and Canada, has conducted its efforts as quickly and effectively as any working group the College has ever fielded, and its efforts will continue into 2021. It expects to refine the “Interim Guidelines” in light of evolving real-world experience over time, and will be looking at such issues as the general evolution of advocacy in our courts post-pandemic and the viability of the12-person jury, following a recent article by Fifth Circuit Judge Pat Higginbotham, Chief Judge Lee Rosenthal of the Southern District of Texas, and Professor Steve Gensler that cites the College’s 2000 report on the 12-person civil jury in federal court.

Regents Nominating Committee

Among the events at the Annual Meeting will be the election of Officers and new members to the Board of Regents. The 2020 Regents Nominating Committee, chaired by Regent Susan Brewer of West Virginia, has nominated Dan S. Folluo of Tulsa, Oklahoma as Regent for Region 4; Jeffrey E. Stone of Chicago, Illinois as Regent for Region 8; and Catherine M. Recker of Philadelphia, Pennsylvania as Regent for Region 13. These Fellows will take the place of retiring Regents Paul Hickey, Dan Reidy, and Bob Welsh, each of whom has served with great distinction during their terms. Service as a Regent is an honor, and the Board is a particularly close-knit and collegial group. Regents Hickey, Reidy and Welsh will be missed.

Access to Justice and Legal Services Committee

The Access to Justice and Legal Services Committee was alerted to a proposed amendment by DHS and DOJ to immigration regulations governing credible fear asylum determinations which could permit judges to “pretermit” (deny without hearing) applications of disadvantaged persons. A comment objecting to these changes without further review was filed within 48 hours of the alert, and is linked here. Thanks to the Pro Bono Supervising Attorney at Catholic Charities in NYC (who let her Fellow father, Former Regent Paul Meyer, know of the problem), and great thanks to the Committee for a rapid and much-needed response.   

Other Activities By Fellows

The Wisconsin Fellows held their annual dinner remotely on Thursday evening, July 30. They reserved two hours for a “virtual” meeting that featured a speaker on presidential debate preparation and negotiation. This could be a model for future State/Province meetings until it is safe to have in-person gatherings. The Ontario Province Committee has, in lieu of its annual dinner, raised and donated several thousand dollars to the Black Legal Action Centre (a Toronto-based legal clinic that provides free legal services to low- or no-income Black residents of Ontario). In the June 2020 eBulletin I noted two specific examples of Fellows who have been at the forefront of efforts to deal with the effects of the pandemic, and Past President (and current Foundation President) Joan Lukey requested information about others who have been addressing the pandemic’s impact. Here is one that has been reported: In collaboration with the University of Illinois, College of Law, Access to Justice Distinguished Pro Bono Fellow Kimball Anderson and his wife Karen have initiated and funded a public interest fellowship program designed to provide legal services to those impacted by the pandemic. Fifteen University of Illinois students will each receive a $6,000 stipend enabling them to work this summer at ten major public interest organizations in Illinois. These are all great stories of Fellows thinking creatively and giving locally in ways that matter.

What is outlined above is but a taste of all that the College Fellows have been contributing over the last several weeks. Look for reports on other efforts in the Fall edition of the Journal. The year is challenging each of us to recognize our vulnerabilities and our responsibilities as we endeavor to be contributing participants in vibrant democracies. Social justice recognizes that we are all injured when any one of us is denied equal protection and the benefits of our societies. I believe the College is doing much to address this reality, and I look forward to continuing these efforts with sustained and even renewed vigor. Meanwhile, Terry and I hope the rest of the summer months are fulfilling for each of you and your families and friends.

Doug Young
ACTL President

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Please share any efforts you or other Fellows have taken to address the challenges posed by COVID-19 by sending examples to Communications Committee Chair Pat Lowry, patricia.lowry@squirepb.com.

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Update Your Fellow Profile & Address for the 2021 Roster

It’s time again to make sure that your College profile is up to date. The contact information in your profile is used in the College Roster and the directory on the website. Updates submitted by Sept. 1, 2020 will be included in the 2021 Roster. This year we are also asking while you are verifying your address, please take a moment to complete your Fellow Profile information, too. Address and Profile updates can be accomplished in one of two ways.  

ONLINE – It’s fast, easy, and immediately shows in the online directory. Just log in at www.actl.com. Click on My Account, then select Fellow Profile. The edit button next to the section heading allows you to make changes in that section. Firm changes can only be made by sending the new information to National Office.

ROSTER UPDATE FORM – Click here to obtain the Roster Update form. The completed form can be printed, mailed, emailed, or faxed to the National Office. 

For assistance, please contact the National Office at nationaloffice@actl.com or 949-752-1801.

Applications for 2021 Emil Gumpert Award

"Justice in the life and conduct of the State is possible only as first it resides in the hearts and souls of the citizens." - Plato

Do you know of an outstanding organization whose work includes maintaining and improving the administration of justice? The American College of Trial Lawyers is accepting applications for the 2021 Emil Gumpert Award. The Emil Gumpert Award recognizes programs whose principal purpose is to maintain and improve the administration of justice. The $100,000 award is funded by Fellow contributions to the Foundation and is the highest honor bestowed by the College on any program. 

More information and the application form can be found on the website, and questions can be directed to gumpertaward@actl.com. Applications are due October 1.

eBul_Furthering_Mission

In addition to the activities mentioned by President Young in his letter above, Fellows have also been furthering our mission in the following ways:

Florida

In the wake of the ongoing pandemic, Judicial Fellow Skip Dalton of Orlando, Florida has been working with Judicial Fellow Barbara Lynn of Dallas, Texas, in the Eastern District of Texas and Bob Conrad on developing protocols to reinstitute jury trials in the Middle District of Florida.

Puerto Rico

As an acknowledgement of the College's stature in the Puerto Rico legal community, the Hon. Gustavo Gelpi, Chief Judge, U.S. District Court  for Puerto Rico, appointed Puerto Rico State Committee Chair Enrique Mendoza-Mendez to participate in the Merit Panel to selecting the final 5 candidates to be considered by the U.S. District Judges to occupy a vacancy to the  position of U.S. Magistrate Judge in Puerto Rico.

Puerto Rico Fellows have also been involved in providing a comprehensive, free webinar on the "Families First Coronavirus Response Act." Fellows have volunteered for podcasts on the "Families First Coronavirus Response Act" and the law related to remote work common during the lockdowns due to the pandemic.

Fellow Ruben Nigaglioni participated as a distinguished consultant to the legislative process which developed the recently enacted Civil Code in Puerto Rico.

Fellow Eugene Hestres-Velez is lecturing on the impact in Puerto Rico criminal trials of the recent U.S. Supreme Court Opinion in Ramos v. Louisiana requiring a unanimous verdict for felony conviction.

South Carolina

The South Carolina Fellows are planning a CLE for young lawyers on Ethics, Civility, and Professionalism on November 5, 2020. Speakers will include several Fellows, including the current and Past Chairs of the South Carolina State Committee, and the Honorable Margaret Seymour, U.S. District Judge for the District of South Carolina. The South Carolina Fellows are also organizing a program for lawyers and judges in the Spring of 2021 addressing attacks on the independence of the judiciary and the American civil justice system, featuring Suzanne Spaulding and Judicial Independence Committee Chair Buddy Wester as keynote speakers.

Teaching of Trial and Appellate Advocacy

Sylvia Walbolt, member of the Teaching of Trial and Appellate Advocacy Committee and Regent Sandra Forbes, in conjunction with the Advocates’ Society in Canada, have arranged for videos to be made of several short but effective demonstrations of trial examinations of fact and expert witnesses by various lawyers, including women lawyers. These videos are expected to be especially useful for young women trial lawyers who may not have female role models to help them develop their trial skills. These videos may be used by State and Province Committees as part of their trial training programs for public interest lawyers and young trial lawyers as well as by law firms as part of their trial training programs. The Committee has ideas to share with those interested about how to use the videos and also welcomes feedback on the videos and additional suggestions for their use.

eBul_Nominations
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
Mark_Your_Calendar
NATIONAL MEETINGS

2020 Annual Meeting A Virtual Event
September 23-25, 2020

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

REGIONAL MEETINGS


Region 6 Regional Meeting

(Arkansas, Louisiana, Mississippi, Texas)
April 16-18, 2021
Windsor Court Hotel
New Orleans, Louisiana

NE Regional Meeting
(Atlantic Provinces, Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island)
June 5-7, 2021
Cranwell Resort
Lenox, Massachusetts

Northwest Regional Meeting
(Alaska, Alberta, British Columbia, Idaho, Montana, Oregon, Washington)
July 8-11, 2021
The Hotel Alyeska
Girdwood, Alaska

STATE/PROVINCE MEETINGS

August 8, 2020
Iowa Fellows Meeting
Zoom

August 29, 2020

Kansas Fellows Dinner
TBA

September 11, 2020
Texas Fellows Luncheon
Dallas, Texas

October 1, 2020
Downstate New York Fellows Dinner
New York, New York

October 2, 2020
Nebraska Fellows Dinner
Omaha, Nebraska

October 9, 2020
Tennessee Fellows Dinner
Knoxville, Tennessee

October 23, 2020
Indiana Fellows Dinner
TBA

BOOT CAMP

October 8, 2020
Boot Camp
Sponsored by: Task Force for Boot Camp Trial Training Programs for Young Lawyers
Atlanta, Georgia
eBul_Spotlight

Catharine Biggs Arrowood of Raleigh, North Carolina was honored by the North Carolina Bar Association Litigation Section with The Advocate’s Award, which recognizes members who are the “superstars” of the Bar. Arrowood was the second woman to receive the award, which was presented virtually via Zoom on June 19, 2020.

Kearns Davis of Greensboro, North Carolina was honored on April 16, 2020, with the Greensboro Bar Association Distinguished Service Award.

Nancy Gertner of Cambridge, Massachusetts was among the newest members elected to the American Academy of Arts & Sciences. The Academy was founded in 1780 by John Adams, John Hancock, and others who believed the new republic should honor exceptionally accomplished individuals and engage them in advancing the public good.

James I. Glasser of New Haven, Connecticut, has been selected to receive the 2020 American Inns of Court Professionalism Award for the Second Circuit.

C. Mark Holt of Raleigh, North Carolina was installed as president of the North Carolina Bar Association at the first virtual annual meeting on June 26, 2020 and will also serve as President of the North Carolina Bar Foundation. 

D. Clark Smith, Jr. of Lexington, North Carolina was recognized as a member of the Greensboro Bar Association Herb Falk Society for having provided 235 hours of pro bono service in 2019.

eBul_Appointments

William C. Hubbard of Columbia, South Carolina has been selected as the next Dean of the University of South Carolina School of Law. Hubbard will become Dean of the Law School on August 1.

eBul_Passing
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.

California
John G. Davies, ’87, Pasadena, March 24, 2020

Colorado
Raymond J. Turner, ’76, Denver, January 16, 2019

Iowa
Robert R. Eidsmoe, ’89, Sioux City, May 28, 2020

Kansas
John A. Emerson, ’89, Lawrence, May 31, 2020

Kentucky
William H. McCann, ’78, Lexington, June 11, 2020

Missouri
Robert A. Brown, Jr., ’84, Saint Joseph, July 20, 2020
Max W. Foust, ’89, Leawood, KS, March 7, 2018

New York
Carl A. Green, ’82, Jupiter, FL, July 11, 2020
Sanford P. Tanenhaus, ’93, Vestal, October 10, 2019

North Carolina
Allen R. Gitter, ’82, Jefferson, May 17, 2020
L. Douglas Shrader, ’90, Chapel Hill, March 15, 2020

Puerto Rico
Alvaro R. Calderon, Jr., ’78, San Juan, July 16, 2020

Rhode Island
Howard I. Ipsey, ’79, Providence, July 25, 2020

Utah
Kenneth R. Garrett, ’81, Bicknell, May 7, 2020

England
The Right Honourable Sir Andrew Peter Leggatt, PC, ’96, Surrey, February 21, 2020