Well it’s a good thing that Carol and I fastened our seatbelts because our cross-country tour has been an active one over the past seven weeks. We have been to eight different cities: Burlington, Vermont; Indianapolis, Indiana; Vancouver, British Columbia; Seattle, Washington; Nashville, Tennessee; Cincinnati, Ohio; Philadelphia, Pennsylvania; and Birmingham, Alabama.
In addition, I was in Vancouver the first week of October to speak at a Canadian National Pro Bono Conference. I am pleased to report that the College figured prominently at that Conference. Emil Gumpert Award Committee Vice Chair and member of the Access to Justice and Legal Services Committee Mark Surprenant, participated in a panel on “Setting the Stage for Pro Bono Counsel.”
This topic fit well with the College’s approach to facilitating pro bono work among our Fellows. I participated in a panel on “New Frontiers in Pro Bono Service.” Other panelists included The Honourable Marie Deschamps (a retired Justice of the Supreme Court of Canada and an Honorary Fellow), Fellow Guy Pratte (Chair of the Beverley McLachlin Access to Justice Award Committee and Chair of Pro Bono Ontario) and Dinyar Marzban (a former British Columbia Province Committee Chair and one of the College’s Distinguished Pro Bono Fellows). In my remarks I focused on the College’s efforts to create access to justice, including the Beverley McLachlin Access to Justice Award; the Emil Gumpert Award; and our Distinguished Pro Bono Fellows Program.
Carol and I also travelled to Tortola in the British Virgin Islands to participate in the Being a More Effective Advocate In and Out of Court Program, which focused on the importance of civility in trial practice. I am pleased to report that our Fellows, Cynthia Grimes, Frank Walwyn, Rick Galperin, and Dick Kiefer, did us proud in making this program a great success. The program received high praise from Justice Vicki Ann Ellis, High Court Judge of the Eastern Caribbean Supreme Court, who said in a letter to Fellow Dick Kiefer: “I deeply appreciate the willingness of you and your other colleagues to facilitate the civility training…. I have seen a distinct improvement in courtroom etiquette which I hope will long continue and I am also seeing a shocking increase in consent positions.” Cynthia will report further on the program elsewhere in this eBulletin.
We also held a very successful Leadership Workshop in Nashville. We accomplished a great deal in providing information to our State and Province Committee Chairs and our General Committee Chairs that will help them carry out their duties in the coming year. In addition, there were two very interesting presentations by former Ontario Court of Appeal Justice and Judicial Fellow, The Honourable Eleanore Cronk, one on the need for mentoring to ensure the next generation of trial lawyers and the other on the importance of civility. Past President Bob Byman also delivered two provocative and entertaining talks. One of the highlights of the event was a program organized by John Day with three singer-songwriters from the Nashville area. To a person, I heard nothing but rave reviews of the intimate setting that provided us with a special evening of music and storytelling.
Mentoring and teaching civility will figure prominently in the College this year. I have asked Regents Kathleen Flynn Peterson and John Day to chair a Mentoring Task Force that will examine what Fellows of the College can do to mentor, sponsor, and teach younger trial lawyers, as well as make recommendations on what our Fellows can do to promote opportunities for younger trial lawyers to get more trial experience so that we have a future generation of trial lawyers and a future pipeline of qualified candidates for fellowship in the College.
On civility, I have asked Don McKinney, Chair of the Legal Ethics and Professionalism Committee and Joe Crawford, Chair of the Teaching of Trial and Appellate Advocacy Committee to have their committees consider the fact that civility in practice is not a universally accepted course of conduct, particularly among younger trial lawyers, and to come forward with a plan for the College to facilitate promoting and teaching civility to trial lawyers.
Also, I recently spoke at a Fall Convention of Canada’s Advocates’ Society. My topic was on “Becoming a Trial Lawyer – Now and Then.” I spoke on the topic of mentoring and what senior and junior trial lawyers can do to facilitate opportunities for young lawyers to get trial experience in the courtroom and related activities. I also recently attended the wonderful CLE Trial Advocacy Institute Program put on by the Alabama Fellows in honor of Jere F. White, Jr., a deceased Fellow and partner of the Lightfoot, Franklin and White firm in Birmingham. As part of my presentation to The Advocates’ Society, I incorporated Jere White’s “10 Characteristics of Outstanding Trial Lawyers,” which is a video that he prepared prior to his untimely death. That video will soon be available on the College’s website.
By the time you read this, Carol and I will also have been to Little Rock, Arkansas; Jackson, Mississippi; and New Orleans, Louisiana, with future trips planned to Portland, Oregon; Houston, Texas; and Pittsburgh, Pennsylvania. It never ceases to amaze me how the Fellows and spouses and guests that we meet on our travels are so warm, welcoming, and appreciative of our being there. We are overwhelmed with the kindness shown to us.
Two other areas continue to be a focus for the College: diversity and facilitating the creation of access to justice by our Fellows. I have asked Regents Rick Deane and Joe Caldwell to undertake a review of the progress we have made to date on increasing diversity in the College and to make recommendations for what more we can do in the future and what we can do to make diverse Fellows feel more welcome in the College. The work of our Access to Justice and Legal Services Committee continues, particularly in relation to the Distinguished Pro Bono Fellows Program. That Program pairs a senior Fellow with a pro bono organization to facilitate the provision of pro bono services within that organization. It is our plan to expand that program over the coming years by identifying additional Fellows who are interested in participating and by identifying other partner/host organizations. If you are interested, please contact Mark Surprenant at (504) 585-0213 or Mark.Surprenant@arlaw.com.
So as 2018 draws to a close, I am pleased to be able to say that the College continues to thrive and that we have plans for an active, fruitful, and enjoyable year. Let me take this opportunity to wish you all Happy Holidays and the very best for 2019. It has been wonderful to have met old friends and to have made new friends in our travels, and we look forward to more of the same as our travels continue in 2019.
The 2019 Spring Meeting will be held Feb. 28 - Mar. 3, 2019 at La Quinta Resort & Club, La Quinta, California. Online registration is now open
. Look for registration materials to be mailed by mid-December. The list of invited speakers includes: The Honourable Madam Justice Rosalie Silberman Abella, Judge, Supreme Court of Canada; S. James Anaya, Dean and Charles Inglis Thomson, Professor of Law, University of Colorado School of Law; Stephen B. Bright, Harvey Kapp Visiting Lecturer in Law, Yale Law School, recipient of the Griffin Bell Award for Courageous Advocacy; Honorable Tani G. Cantil-Sakauye, Chief Justice, Supreme Court of California; Honorable Neil M. Gorsuch, Associate Justice, United States, Supreme Court, Receiving Honorary Fellowship; Jeff Greenfield, Journalist; Shon Hopwood, Associate Professor, Georgetown University Law Center; Charles R. Marmar, MD, Lucius N. Littauer Professor and Chair of the Department of Psychiatry, New York University Langone Medical Center; Chuck Rosenberg, Former Administrator, Drug Enforcement Administration; Amy Trask, Author and Former CEO of the Oakland Raiders; CLE speaker Honorable Ed Carnes, Chief Judge of the Eleventh Circuit Court of Appeals, who will speak on the power and importance of persuasive prose.
Speaker Videos, Photos Available from Annual Meeting in New Orleans
Six speaker videos from the 2018 Annual Meeting in New Orleans are available on the College YouTube page
. Photos from the New Orleans meeting are also available through Shutterfly
. You may view the photos without an account. However, to download or order photos you must log in to Shutterfly or create an account.
The Foundation has been active this year in funding organizations and projects that support veterans, children
, and local Fellow-led activities. The Trustees
consider grant applications on a rolling basis, and an application form may be found here. Would you consider supporting the Foundation and these worthy projects? You can donate today online at actl.com/donate
If you are 70½ or older, you can make a contribution to the Foundation of the American College of Trial Lawyers directly from your IRA simply by instructing the plan administrator to make the transfer to the Foundation as a Qualified Charitable Distribution (QCD). You are allowed to transfer up to $100,000 a year to the charities of your choice.
Your gift will be transferred directly to the Foundation, will not be reported as taxable income, and will count toward your minimal distribution requirements for 2018. If you have questions about this, please contact U.S. Foundation President Chuck Dick, at 619-847-9098 or email@example.com
Jere F. White, Jr. Trial Advocacy Institute Draws Over 275 Attendees
On Nov. 9, 2018, the Alabama Fellows partnered with the Cumberland School of Law, Samford University to present the Jere F. White, Jr. Trial Advocacy Institute. The program, held in Birmingham, focuses on the major components of a trial from voir dire through closing statement. Fellows presented the plaintiff and defendant perspectives. In addition, there were two panel presentations. One panel addressed judicial independence in times of partisan politics and social media, and the second Judges’ Expectations of Lawyers. Over 275 lawyers attended the full-day seminar. The evening before, a dinner was hosted for Fellows, their guests, and the family of Jere White. Among the presenters the Alabama Fellows welcomed President Jeffrey S. Leon, LSM, Past Presidents Chilton Davis Varner, Samuel H. Franklin and Warren B. Lightfoot, Georgia State Committee Chair Sally Yates, and Judicial Fellow, the Honorable Marc Treadwell.
Fellows Travel to British Virgin Islands for One-Day Workshop
The International Committee reported the Friday, Nov. 2, 2018 seminar in the British Virgin Islands (BVI) titled “Being a More Effective Advocate: In and Out of Court” was a success. This seminar for all attorneys and judges in the BVI was postponed almost a year because of Hurricane Irma, and was sponsored jointly by the International Committee, Virgin Islands General Legal Council, and the BVI Bar Association. The College was well represented in the BVI by the participation of President Jeffrey S. Leon, LSM of Toronto, Ontario, Richard Galperin of Wilmington, Delaware, J. Richard Kiefer of Indianapolis, Indiana, Frank E. Walwyn of Toronto, Ontario and a member of the British Virgin Islands bar, and Cynthia Day Grimes of San Antonio, Texas. Paring with local attorneys and judges, the Fellows gave demonstrations of civil and uncivil conduct and led enthusiastic discussion groups. Many thanks to Barry Leon, formerly a Commercial Court Judge of the Eastern Caribbean Supreme Court and brother of President Leon, who persevered and meticulously planned this conference despite Hurricane Irma’s destruction of the BVI in September 2017. His Excellency Governor Augustus Jaspert of BVI set the tone at the beginning of the day with his perspective on the importance of the courts and lawyers in upholding the rule of law and demonstrating civility in that endeavor. Sir Dennis Byron, formerly President of the Caribbean Court of Justice, offered great insight and words of wisdom. Dancia Penn, OBE QC, former Deputy Governor and former Attorney General, and Jacqueline Daley-Aspinall, President of the Bar were great resources for Fellows and the program. On the part of the BVI lawyers and judges, their candor and willingness to openly discuss problems of civility, the judiciary, and the practice of law was impressive and an indication of the progress that can be made in the future. Fellows shared that many of the BVI issues are not unique and have been experienced in their respective jurisdictions as well.
The seminar was attended by about 85-100 judges, magistrates, and lawyers who practice in the civil, criminal, and commercial courts and included junior and senior lawyers and judges. Enthusiastic participation was evident in the breakout sessions of the three groups where many ideas and solutions were shared. The group met from 8 a.m. until 6 p.m. on a Friday, indicating the high level of discussion. Each group was assigned a rapporteur who recorded and reported to the large group. The plan is to compile these notes for sharing with others. At the wrap up, President Leon was asked if the College would return again next year, and he enthusiastically agreed. The devastating effects of Irma are still evident in the BVI, including the destruction of law offices, courts, and law libraries. There is no universal access to the BVI laws online. Despite this, the bar is thriving and moving forward with dedication and good spirits.
Mississippi Fellows Participate in Trial and Appellate Judges Conference
A group of Mississippi Fellows participated in the Mississippi Trial and Appellate Judges Conference on Oct. 25, 2018, in Jackson, Mississippi. This year, the Fellows enacted three vignettes from the Judicial Demeanor and Courtroom Control Practices prepared by the Federal Judicial Center and the College (“Belligerent Counsel”, “Judicial Indifference”, and “Judicial Questioning of Witnesses”), and led discussions with the judges on the topics. Randy Pierce, Director of the Mississippi Judicial College at the University of Mississippi, noted that the Mississippi Fellows' annual presentation is always a favorite of the judges.
Trial Skills Program Returns to Temple University for Second Year
The second annual trial skills CLE training program was presented at Temple University Beasley School of Law in Philadelphia on Nov. 2, 2018, under the joint sponsorship of the Pennsylvania State Committee and Temple’s Trial Advocacy Program. Nancy J. Gellman
, outgoing Chair of the Pennsylvania State Committee, and Fellow Joseph C. Crawford
, incoming Chair of the College’s Teaching of Trial and Appellate Advocacy, participated in planning and recruiting of Fellows to participate as speakers. The College and Temple worked together to present this annual trial skills program designed for practicing lawyers, participants in Temple’s trial advocacy LL.M program, and law students. The program began with an introduction by Regent Robert E. Welsh, Jr.
about the College and the collaboration with Temple. College speakers included a former federal prosecutor, a federal public defender, and civil trial lawyers. Fellows Thomas J. Duffy
, William J. Ricci
, and John P. McShea III
presented on direct and cross-examination of expert witnesses. Fellows Catherine Henry
and Linda Dale Hoffa
discussed the effective use of technology in the courtroom. Temple Professor Jules Epstein gave a master class in evidence, and Temple Professor Marian Braccia spoke about advocacy lessons from Hollywood. Written materials prepared by the presenters were also distributed. The audience included civil trial lawyers, criminal lawyers and law students. In keeping with its mission to support Fellow-led projects that benefit public services lawyers, the Foundation
provided scholarships to public service lawyers from the Philadelphia District Attorney’s Office, the city and federal Public Defender Offices, Community Legal Services and the Juvenile Law Center.
The College recognizes extraordinary individuals and their important contributions to the law through four 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 firstname.lastname@example.org
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.
Griffin Bell Award for Courageous Advocacy
Chair: Guy J. Pratte, email@example.com
To recognize outstanding courage demonstrated by a trial lawyer in an unpopular or difficult cause.
Samuel E. Gates Litigation Award
To honor a lawyer or judge, whether or not a Fellow of the College, who has made a significant, exceptional and lasting contribution to the improvement of the litigation process.
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
2019 Spring Meeting
February 28-March 3, 2019
La Quinta Resort & Club, A Waldorf Astoria Resort
La Quinta, California
2019 Annual Meeting
September 26-29, 2019
The Westin Bayshore
Vancouver, British Columbia
Louisiana Fellows Dinner
New Orleans, Louisiana
December 1, 2018
Oregon Fellows Dinner
December 5, 2018
Texas Fellows Winter Luncheon
December 7, 2018
Western Pennsylvania Fellows Dinner
December 11, 2018
Northeast Black Tie Dinner
January 25, 2019
Northern California Fellows Dinner
San Francisco, California
February 1, 2019
Utah Fellows Dinner
February 2, 2019
South Carolina Fellows Meeting
Bluffton, South Carolina
February 7-10, 2019
LAW SCHOOL COMPETITIONS
National Moot Court Final Rounds
New York, New York
January 28-31, 2019
February 15-16, 2018
of the American College of Trial Lawyers was recognized with a National Association of Bar Executives 2018 Luminary Award
in the category of Authored Articles for an article entitled "Roy M. Cohn: My Personal Experiences and Reflections On His Connection to the Forty-Fifth President of the United States" authored by Stephen G. Schwarz. Click here to read the article
Charles H. Dick, Jr. of La Jolla, California was honored by Casa Cornelia Law Center on Oct. 20, 2018, as its Distinguished Pro Bono Lawyer of the Year for his work helping asylum seekers from Nigeria, Eritrea, and Mexico navigate immigration laws and build a new life in San Diego, as well as representing victims of domestic violence.
J. Eugene Balloun of Kansas City, Missouri received a Lifetime Achievement Award by FosterAdoptConnect, a nonprofit working with foster children in Kansas and Missouri, for his work completing more than 1,300 pro bono adoptions of foster children. He also will be receiving the President’s Award from the Johnson County (Kansas) Bar Association.
Andrew Jay Graham of Baltimore, Maryland has been selected to receive the Maryland Legal Services Corporation's 2018 Arthur W. Machen, Jr. Award on Dec. 3, 2018, in recognition of his extraordinary efforts to improve access to justice for low-income Marylanders.
Alan G. Greer of Coral Gables, Florida received the Anti-Defamation League’s Miami Jurisprudence Award on Nov. 1, 2018, in acknowledgment of his outstanding contribution to both the legal profession and the community while also embodying ADL values, including integrity, inclusion, and collaboration.
Jennifer L. Keller of Irvine, California was inducted into the California Lawyers Association’s Litigation Section Trial Lawyer Hall of Fame on Oct. 5, 2018, an honor which has been bestowed upon only 31 lawyers since its creation in 1994.
Wendy J. Olson of Boise, Idaho received Concordia University School of Law’s 2018 “Leaders in Action” award on Oct. 24, 2018. The award recognizes leaders who have made significant contributions to improving Idaho and the lives of its residents.
Brian J. Panish of Los Angeles, California was presented The Daniel O’Connell Award on Nov. 1, 2018, from the Irish American Bar Association of Los Angeles in recognition of his passion and commitment to the legal profession, and for being a diligent advocate and promoter of justice.
Debra E. Pole of Los Angeles, California was honored as a 2018 Champion of Justice by The Civil Justice Program at Loyola Law School on Oct. 18, 2018, for her successful career representing clients in high-stakes trials, as well as her leadership in the Bar and commitment to serve the broader community.
Robert A. Van Nest of San Francisco, California was inducted into the California Lawyers Association’s Litigation Section Trial Lawyer Hall of Fame on Oct. 5, 2018, an honor which has been bestowed upon only 31 lawyers since its creation in 1994.
Scott S. Barker of Denver, Colorado recently released Impeachment-A Political Sword.
Joseph F. Roda of Lancaster, Pennsylvania is looking forward to his forthcoming book Abraham Lincoln and Making a Case: The Story of a Master.
Vermont Fellows Meeting, Shelburne, October 4:
Jeff’s October travels began with him flying to Montreal and then going by car for two hours to Burlington, Vermont for the Vermont Fellows Meeting. Regent Ritchie Berger met and hosted Jeff at his law office and then at his own home. Jeff had time to tour Burlington a bit, where he saw some of the local sites, most importantly, an iconic Ben & Jerry’s Ice Cream Shop. The Fellows meeting was held on a gorgeous evening at the beautiful Shelburne Farms on the shore of Lake Champlain. This is still an operating farm with actual animals and beautiful old barns. The Fellows meeting itself was in the veranda of an inn on the farm. A beautiful sunset over the lake greeted the attendees, which included State Committee Chair Tom McCormick, former State Committee Chair David Cleary and several Judicial Fellows. Jeff’s remarks covered the College’s diversity efforts, the need to identify younger trial lawyers for fellowship, training efforts through the Boot Camp programs and the College’s efforts on pro bono issues. Jeff always makes a point of discussing relations between Canada and the U.S. and did so on this occasion. Federal District Court Judge Geoffrey Crawford spoke on recent developments concerning the Vermont Federal Courts. Showing off his impressive local knowledge, Jeff donned the hockey cap of the Vermont Catamounts and regaled the crowd with remarks about Vermont history and the Vermont Lake Monsters (formerly the Vermont Expos, an affiliate of the old Montreal Expos). Jeff was whisked away by car later that evening for the Montreal airport and an early morning flight to Vancouver for the National Pro Bono Conference.
7th Annual National Pro Bono Conference, Vancouver, October 5: As part of the College’s ongoing and important role in access to justice issues, Jeff attended this wide-ranging and well-attended conference. Emil Gumpert Award Committee Vice Chair Mark Surprenant and his wife, Monica, also attended. Mark has been instrumental in the College's work to create the Distinguished Pro Bono Fellows Program, and this conference fit right into Mark’s efforts. Mark participated in a panel discussion on “Setting the Stage for Pro Bono Counsel.” The panel focused on how non-profit organizations can best position themselves to find senior counsel to help with their strategic litigation interests. Jeff presented and spoke of the College’s efforts in Access to Justice through the Emil Gumpert Award, the Beverley McLachlin Access to Justice Award and the Distinguished Pro Bono Fellows Program. Guy Pratte, Chair of the Beverley McLachlin Access to Justice Award Committee and Chair of Pro Bono Ontario spoke about issues facing pro bono organizations. One of the College’s Pro Bono Fellows, Dinyar Marzban, spoke about his efforts on behalf of Pro Bono Canada. Other panelists included The Hon. Tom Cromwell, a former Justice of the Canadian Supreme Court; Claire Hunter, a Vancouver trial lawyer and daughter of Judicial Fellow John Hunter and Marie Deschamps, also an Honorary Fellow and retired Justice of the Canadian Supreme Court. Jeff had the opportunity on this trip to meet with British Columbia Province Committee Chair Bill Smart, and he just happened to bump into none other than Regent Kathleen Flynn Petersen, who along with husband Steve was in Vancouver celebrating their wedding anniversary and a friend’s birthday. What a pleasure it is to see other Fellows when we are out and about!
Indiana Fellows Dinner, Indianapolis, October 12: Jeff and Carol arrived to find cool weather in Indianapolis. They had some time during the day to see a bit of the city, and Jeff was able to tour the NCAA headquarters. Regent Dan Reidy and his wife, Liz, drove Jeff and Carol to the Woodstock Club for the Fellows Dinner. State Committee Chair Debra Miller presided, and former State Committee Chair Scott Shockley and his wife Vicki attended as well. The dinner was a lively event highlighted by the remarks of Geoff Mearns, President of Ball State University and former prosecutor of New York mob figures and of Terry Nicholls, one of the Oklahoma City bombers. Jeff also spoke on topics important to the College, including the fact he had just come from the pro bono conference in Vancouver. Jeff continued his custom of speaking on local history and personalities. Demonstrating his diplomatic side, Jeff donned hats from various colleges and universities in the area (Indiana, Butler, Purdue, Notre Dame, and Ball State) so as to keep the peace among his audience. There were apparently no DePauw alums in the crowd. Jeff, we are keeping track of your hat expenses.
British Columbia Fellows Dinner, Vancouver, October 24:
It was back to a beautiful fall day in Vancouver for the British Columbia Fellows Dinner, which was held at the Vancouver Club. In attendance were Regent Mona Duckett, Former Regent The Hon. Mr. Justice John Hunter, British Columbia Province Chairs, Bill Smart and Rick Peck, and former Province Committee Chair Geoff Cowper. Also present was soon to be inducted Fellow Tracy Cohen and Distinguished Pro Bono Fellow Dinyar Marzban. Jeff spoke about his extensive professional and personal ties to Vancouver and reviewed his agenda for the College, including the College’s pro bono efforts, the need for young and diverse Fellows, the eBulletin
, the upcoming Spring Meeting in La Quinta, the 2019 Annual Meeting in Vancouver, and the great importance of staying involved in the College. Reminding the Vancouver crowd that only Toronto has an NBA team, and while continuing to explode his hat budget, Jeff donned an “old school” Vancouver Grizzlies’ (now Memphis Grizzlies) hat.
Washington Fellows Dinner, Seattle, October 25:
Though the flight from Vancouver to Seattle is a short one, Jeff and Carol’s luggage failed to make the trip, and Jeff quipped that Air Canada’s slogan is “We’re not happy until you’re not happy.” Jeff and Carol came as they were—basically in jeans—and were warmly welcomed by the Seattle Fellows who assured them that “nobody dresses up” in Seattle.
The dinner took place at the Pacific Tower, which sits high on a hill and provides a spectacular view of the city. It was originally a public hospital and then it was the Amazon headquarters. Now it is an event space operated by “Fare Start”, an organization that gives unemployed people the skills they need to work in the food industry. Those present included Regent Mona Duckett, State Committee Chair Rebecca Ringer and her husband Bill Cohon, Former Regent and Communications Committee Chair Paul Fortino and his wife Carol, and Washington State Committee Vice Chair Steve Fogg and his wife Christina. In addition to covering his normal topics of discussion, Jeff’s remarks touched on the many stellar Seattle companies, Seattle grunge music, and the classic movie Sleepless in Seattle. Jeff assured the crowd that he had yet another hat—a Seattle Seahawks bright green hat—but it was in his lost luggage. Jeff somehow scrounged up a Washington Huskies cap to make up for it. By the way, Jeff finally retrieved the luggage—complete with “RUSH” tags—at 11:30 that night in the rain in front of the hotel. With a 4 a.m. wake up for an early flight to Tennessee, it was “Sleepless in Seattle” indeed!
Tennessee Fellows Dinner, Nashville, October 26:
Luckily for Jeff and Carol travel to Nashville, though early, was smooth. They arrived in time to have lunch at the counter at Woolworth’s, site of the famous protests during the civil rights movement. The Fellows dinner was at the Waller law firm in Nashville. Among those present were State Committee Chair Darrell Townsend, former State Committee Chair Gayle Malone, Regent John and Joy Day, and Justice Holly Kirby of the Tennessee Supreme Court.
In his remarks Jeff thanked John and Joy for their role in the success of the College's Leadership Workshop that had been held in Nashville just a week earlier. Jeff spoke on many topics important to the College, including the Task Forces on Judicial Independence and Advertising and the Diversity Subcommittee. Justice Kirby spoke on issues facing the administration of justice in Tennessee, and she was complimentary of the efforts of College Fellows for all they do. Apparently taking advantage of the fact his luggage made the trip, Jeff showed off an impressive array of caps, including those of the Nashville Predators hockey team and his special Lynyrd Skynyrd farewell tour cap. The night wrapped up with a group watching a small fraction of the 18-inning World Series game at the bar at the Hermitage Hotel. But the historic marathon game was nothing compared to the Art Deco men’s restroom at the bar, which attracted both men and women (including Carol and Joy Day) to view its wonders.
Ohio Fellows Dinner, Cincinnati, October 27: From Tennessee Jeff and Carol traveled to Cincinnati in style—chauffeured by Regent John and Joy Day. They traversed Tennessee, Kentucky, and Ohio, including a stop at Midway, Kentucky to lunch with Kentucky State Bar President and Fellow Bill Garmer and his wife, Kim. The Fellows dinner, held at the Cincinnati Art Museum, was preceded by a two-hour cocktail party that afforded the Fellows and guests the chance to tour the impressive museum. Former Regent Kathleen Trafford made a point to accompany Jeff during the party and introduce him to the Ohio contingent. Also present were Ohio State Committee Chair John Alton, Ohio State Committee Vice Chair Susan Blasik-Miller, and National Trial Competition Chair Gary Winters. This was a festive event, with the bartenders dressed in Halloween costumes. Jeff gave remarks after dinner, noting that Cincinnati was the first city founded after the American Revolution and that it was once known as the “Paris of America”. (Is Paris the Cincinnati of France? It just seems fair.) In any event, Jeff continued his mad hatter routine, though with all of the various sports teams and colleges in Ohio, Jeff had to up his already outsized game to keep the crowd pleased. Maybe the need to lug all these hats is why Jeff had to forgo plane travel to Ohio. It should not be left unsaid that on almost every trip on his presidential journey, Jeff takes a run just about every day. He took two runs in Cincinnati, and he went for a walk where he bumped into the Tampa Bay Buccaneers football team descending their team bus. Well, he didn’t literally bump into these giant men or else he wouldn’t be able to run or walk anymore. Anyhow, kudos to Jeff on his healthy lifestyle—you’re an inspiration to us all!
Eastern Pennsylvania Fellows Dinner, Philadelphia, October 29: There is no rest for the weary. Jeff had one night in his own bed and then it was back to the airport Monday morning to catch a flight to Philadelphia for the Fellows dinner. Jeff was initially met by Past President Bart Dalton. Later in the day, Jeff and Pennsylvania State Committee Chair Nancy Gellman had the honor of visiting Community Legal Services of Philadelphia, the recent recipient of a $50,000 grant from the College Foundation. Fellow Joe Tate, one of our Distinguished Pro Bono Fellows, is partnering with CLS Philadelphia. Jeff reported that the attorneys at CLS are some of the most enthusiastic and passionate people he has ever met. They clearly love their work and are committed poverty lawyers. A focus of their program is the “Youth Justice Project” which provides a holistic approach to helping juveniles navigate numerous aspects of the legal system. We can be proud to support this organization. The Fellows dinner was well-attended by a collegial group, including Former Regents Lou Fryman and Dennis Suplee, Regent Bob Welsh, Pennsylvania State Committee Chair Katie Recker and Pennsylvania State Committee Vice Chair John Conti (who came all the way from Pittsburgh), Immediate Past Chair Nancy Gellman, Special Problems in the Administration of Justice (U.S.) Chair Denny Shupe, and Teaching of Trial and Appellate Advocacy Committee Chair Joe Crawford. Regent Bob Welsh reported on the College's recent meeting in New Orleans as well as the College’s efforts at diversity before introducing Jeff. Jeff’s dinner remarks again provided a historical context of Philadelphia as a city of tolerance, and he referenced the recent Pittsburgh synagogue shooting to reinforce the principles of promoting inclusiveness and the College’s fundamental beliefs in civility and the rule of law. After reviewing the important projects of the College, Jeff celebrated the recent sports championships in Philadelphia but having heard (correctly) that Philadelphia had the “meanest fans in America”, he wisely chose to freeze his hat exposition, all in the name of brotherly and sisterly love.
Upstate Illinois Fellows Dinner, Chicago, November 1: As Jeff and Carol were heading to the British Virgin Islands, President-Elect Doug Young arrived to a cold and windy Chicago for the Upstate Illinois Fellows Dinner at RPM Steak. It was attended by some 50 Fellows, including State Committee Chair Sean Berkowitz, Past President Bob Byman, Regent Dan Reidy, Former Regent Patricia Bobb, and State Committee Vice-Chair and Diversity Liaison Terry Mascherin. Fellow Dan Boho had the important task of selecting the wine for the event. This meeting is a popular social event for the Fellows, and the venue is fun and lively. Doug had the opportunity to meet and talk to numerous Fellows. He gave short remarks, stressing the College priorities of diversity and seeking out younger Fellows. In that vein, Doug ended by stressing that diversity includes diversity of thought and perspective and that collegiality requires that we respect one another and adhere to civil discourse in our professional and civic lives. Those are timely remarks to live by.
Eastern Caribbean Supreme Court 50th Anniversary "Being a More Effective Advocate: In & Out of Court, British Virgin Islands, November 2: Jeff and Carol’s work as President and First Lady of the College is never-ending and requires a grueling travel schedule. And then there’s the British Virgin Islands. The BVI’s slogan is that it is “one of nature’s little secrets.” Well, it is no longer a secret to the College. Jeff and Carol had the chance to attend this outstanding conference sponsored by the International Committee. The program was organized by Jeff’s brother, the Hon. Barry Leon, former justice of the Commercial Court of the Eastern Caribbean Supreme Court. There were four College participants in addition to Jeff: Cynthia Grimes from San Antonio (who was the representative of the International Committee for the program), Richard Kiefer of Indianapolis, Frank Walwyn of Toronto (also a member of the BVI Bar) and Richard Galperin of Wilmington. In addition, Jeff and Carol had the opportunity to meet BVI dignitaries, including Sir Dennis Byron who is a former President of the Caribbean Court of Justice, a former Chief Justice of the Easter Caribbean Supreme Court, a former President of the International Criminal Tribunal for Rwanda, and a former President of the Commonwealth Judicial Education Institute. Jeff reports that Sir Dennis is not only a highly impressive individual but is entertaining and fun. This was an in depth and very well-received program, which included keynote discussions, panel discussions, breakout groups, plenary sessions, and demonstrations. College Fellows participated with BVI lawyers in conducting all of the demonstrations. His Excellency Governor Augustus Jaspert gave a presentation on the importance of courts and lawyers upholding the rule of law and the importance of civility in that process. Former Deputy Governor of the BVI and former Attorney General of the BVI, Danica Penn, also participated and expressed gratitude to the College for its efforts in this program. Representatives from BVI, including President of the BVI Bar Jacqueline Daley and several judges, were astounded by the attendance and commitment by the College, and the College is now well known throughout the BVI. Over 100 lawyers attended with presentations including “civility, ethics, and best practices”, and “views from the bench.” Jeff distributed the College’s Code of Pretrial and Trial Conduct along with a publication from The Advocates’ Society entitled “The Principles of Civility.” This trip and the program were greatly successful, and Jeff feels the College provided an important public service to the people and the bar of the BVI. This program was an example of how the College can promote civility to the bar and to younger lawyers. Jeff and Carol did take advantage of the island paradise and Jeff provided more than the usual number of photographs of this gem. And, he was able to get back into his running routine.
Jere White Trial Academy, Birmingham, November 8-9: Jeff and Carol were in Immediate Past President Sam Franklin’s hometown for the Jere White, Jr. Trial Advocacy Institute. The opening dinner was held at the Birmingham Golf and Country Club, where the cocktail hour allowed Jeff to chat with a number of Fellows, most notably Past President Warren Lightfoot and his wife Robbie and Past President Chilton Davis Varner and Morgan, as well as Alabama Fellows that included State Committee Chair Bob MacKenzie, Harlan Prater, Mike King, and Fred Tyson. Bob opened the dinner, offering remarks about Jere White and the importance of the dinner, followed by Fred who gave the invocation. After dinner, Harlan introduced Lyda White and her family. Jere was a Fellow of the College who died from cancer about seven years ago. In his memory, the Alabama Fellows have held the dinner and trial institute every other year, with the family attending every time. Henry Strickland, dean of Cumberland School of Law at Samford University, a co-sponsor of the institute, addressed the group on the importance of the event for the university. After an introduction from Sam, Jeff spoke about Mentoring Task Force and the work that can be done by Fellows to promote civility within the trial, particularly among young trial lawyers. He remarked that “mentor” and “collegial” were apt descriptions for Jere. Jeff also made reference to a video Jere prepared for students at his law firm prior to passing on the ten principles of being a trial lawyer. Keeping true to form, Jeff commented on some e of the notable people from Alabama and donned a Crimson Tide hat with a call for ‘Roll Tide Roll,’ followed by donning an Auburn Tigers hat, complete with a War Eagle cheer. The next day’s program included two sessions – one on voir dire and one on opening statements, followed by a presentation from the defendant’s perspective. A panel on judicial independence in times of partisan politics and social media was moderated by Fellow Anthony Joseph, with participants including Past President Franklin, Past President Varner, Georgia State Committee Chair Sally Yates, and Jeff. Sam spoke on the College’s response to attacks on judicial independence. Chilton spoke on the implications of significant campaign contributions to judicial races. Sally spoke on the judicial process and potential political infringements on impartiality and thus judicial independence, including publicly financed elections, while Jeff spoke on partisan politics and judicial independence from an international perspective. Following lunch, Chilton spoke on the trial process in the context of To Kill a Mockingbird. Jeff and Carol left Birmingham early to catch a flight out to the West Coast.
The Advocates' Society Fall Convention, Montage Resort, Laguna Beach, California, November 10, 2018: Next up for Jeff and Carol were picturesque views of the Pacific Ocean during the Advocates’ Society of Canada’s Annual Fall Convention held at the Montage Resort in Laguna Beach. Jeff attended the morning program, where Fellow Gary Bostwick gave a talk on issues in defamation law comparing Canada and the United States. Jeff spoke on becoming a trial lawyer, a presentation following the College’s mentoring initiative. With a focus on the responsibilities of senior counsel, as well as what younger trial lawyers can do to build their own practices, Jeff ended his presentation with 2 lists. The first was 20 suggestions as to what could be done to increase the amount of experience that young lawyers get in court followed by the 10 points that Jere White presented in his video on the characteristics of a great trial lawyer. The keynote speaker was Professor Michele Bratcher Goodwin, who was a speaker during the 2018 Spring Meeting in Phoenix. The closing dinner Saturday night saw Jeff sitting with President of the Advocates’ Society Fellow Brian Gover, his wife Allison and their daughter.
The following Fellows have been elevated to the bench in their respective jurisdictions.
Daniel M. Boone, Q.C.
St. John’s, Newfoundland
Effective November 2, 2018
Supreme Court of Newfoundland and Labrador
Effective October 1, 2018
Ontario Superior Court of Justice
Peter A. McShane
Effective October 2018
Ansonia-Milford Judicial District
The College extends congratulations to these Judicial Fellows.
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 state or province 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.
Richard F. Adams, ’90, Fellow Emeritus, Kansas City, Missouri, April 18, 2015
Emmet J. Agoglia, ’95, Jericho, New York, July 14, 2018
Myron James Bromberg, ’76, Fellow Emeritus, Morristown, New Jersey, April 30, 2016
Joe Calvin Cassady, ’86, Enterprise, Alabama, October 4, 2018
William Vernon Deatherage, ’73, Medford, Oregon, October 12, 2018
Buster Clarence Hart, ’74, Fellow Emeritus, North Oaks, Minnesota, September 15, 2018
Gerald Haggart Jacks, ’93, Cleveland, Mississippi, September 8, 2018
Terry W. Mackey, ’02, Cheyenne, Wyoming, May 2, 2018
Irving C. Maghran, Jr., ’75, Fellow Emeritus, Naples, Florida, July 27, 2018
Wallace Everett Maloney, ’84, Fellow Emeritus, Irving, Texas, March 16, 2017
John C. Noonan, ’81, Fellow Emeritus, Kansas City, Missouri, July 22, 2017
Peter Jerrold Peters, ’78, Fellow Emeritus, Council Bluffs, Iowa, September 26, 2018
John Wesley Raley, Jr., ’95, Fellow Emeritus, Ponca City, Oklahoma, April 6, 2018
Richard Franklin Record, Jr., ’83, Fellow Emeritus, Mattoon, Illinois, February 20, 2018
Clarence Merilton Small, Jr., ’96, Fellow Emeritus, Cary, North Carolina, October 31, 2018
Bruce Edwin Smith, ’87, Fellow Emeritus, Eugene, Oregon, October 2015
Arlo Sommervold, ’87, Sioux Falls, North Dakota, October 21, 2018
Evan E. Steger, III, ’85, Fellow Emeritus, Carmel, Indiana, May 21, 2018
Michael J. Sullivan, ’16, New York, New York, February 21, 2018
Ray Arnold Weed, ’90, Fellow Emeritus, Fredericksburg, Texas, August 31, 2018