Dear Fellow:

A new year is upon us.

May I take this opportunity to wish each of you and your families a healthy, happy, and prosperous 2019. In the Chinese calendar, 2019 is the “Year of the Pig.” In Chinese culture, pigs are a symbol of wealth. Hopefully, that bodes well for us all.

With the transition to a new year we have also been presented with a vast array of “Best of 2018” lists. As trial lawyers, we know that words matter. Every year, various dictionaries and other societies select a Word of the Year. Of interest is that Merriam-Webster chose the word “Justice” as its Word of the Year. According to Ben Zimmer in a recent article in the Wall Street Journal, this choice is primarily based on the frequency of lookups on its online site. While Justice was not the most looked up word of 2018, Mr. Zimmer reports that it showed an “impressive overall rise in interest, with a 74% increase over the previous year.” The sustained reference to “Justice” followed from social economic and criminal justice factors, including, “obstruction of justice,” the “Justice Department” and the confirmation hearings for a new “Justice” of the Supreme Court of the United States.

Of note is that the most prestigious Word of The Year listing is one selected by the American Dialect Society. That turned out to be “tender-age shelter” (look it up).

But for trial lawyers, “justice” is what we do. Mr. Zimmer quotes from the Editor-at-Large of Merriam-Webster, Peter Sokolowski, that justice is a Gallicized version of the Latin word “justicia” which means “fairness” or “equity”. However,

“Justice” didn't simply become a synonym for a Germanic-derived “fairness” or “law.” Those could already be found in the pre-Norman conquest Anglo-Saxon language. Rather, “justice” turned fairness into a system, as practiced in courts across England, becoming the basis for common-law in the United States [and Canada] as well.”

As Fellows and trial lawyers we celebrate the word “justice.” Our mission statement refers to both the administration of justice and access to justice. Our committees include Access to Justice and Legal Services, and Special Problems in the Administration of Justice, in both Canada and the United States.

So, for 2019 it does seem appropriate that we celebrate “justice” and remember that as trial lawyers we play an important role in promoting respect for the rule of law by strongly supporting the independence of the judiciary, trial by jury, access to justice, and fair and just representation of all parties to legal proceedings. We should be proud of our mission.

But let’s not forget collegiality. As I write this note, the headline in Toronto is “Extreme Cold Warning in effect for Toronto as temperatures set to plunge to a low of -16° Celsius” (or for my American colleagues, 3° Fahrenheit). While I was in Arizona over the Christmas holidays, headlines proclaimed “near record low temperatures.” Let’s face it – the invitation to attend our 2019 Spring Meeting at the La Quinta Resort and Club in La Quinta, California from February 28 to March 3 should look very, very attractive to everyone. So, do it. I would encourage you to come to the Spring Meeting, enjoy the warmth of Southern California and the collegiality and the fun that College meetings have to offer. President-Elect Doug Young has put together an outstanding speakers program that is sure to appeal to you and your guests. Our staff has planned outstanding social events that you will enjoy. If you have not already signed up, please do so. We often hear of those who attend a College meeting for their induction and never return.

Not only do our meetings have so much to offer but you play an important role in making our meetings a success. Think back to when you were inducted. A significant part of the experience no doubt was the openness and warmth with which you were welcomed into the College by the Fellows in attendance. Use this opportunity to “pay it forward” and do the same for our new inductees as was done for you. That too, produces a just result and indeed might be seen as “poetic justice.”

Carol and I look forward to seeing you and enjoying your company in La Quinta. California here we come!

Jeff Leon
College President

Desert Sun, Fun, and Speakers Await in La Quinta

2019 Spring Polling Reminder

For all State and Province Committee Chairs who poll during the spring cycle, the deadline for candidate proposals is March 15, 2019. The following states and provinces are part of the spring poll: Arkansas, Atlantic Provinces, British Columbia, California-Northern, California-Southern, Colorado, Connecticut, Delaware, Florida, Indiana, Kentucky, Maine, Maryland, Missouri, Nebraska, New Hampshire, New Jersey, Ontario, Québec, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Resources Available on College Website, YouTube Channel

Did you know the College has many resources for Fellows looking to sponsor a CLE, seminar, or program? The Outreach Resources page shows different topics of interest for hosting a program.



The College YouTube channel features various teaching videos while the Resources for Fellows page offers accompanying teaching materials and other outreach materials Fellows can use.

Arizona Fellows Active in Law School Competitions, Annual CLE

On Nov. 9, 2018, the Jenckes Competition, a closing argument competition between law students of the Sandra Day O’Connor College of Law (Phoenix) and the James E. Rogers College of Law (Tucson), was held in Phoenix. This year, students from the Sandra Day O’Connor College of Law won.  Arizona Fellows were pleased to award $1,000 to each of the winners, Anne-Grace Ruele and Jenny Adams, and $500 each to the participants from the James E. Rogers College of Law, Shawnee Melnick and Hanees Haniffa. The following day the State Chapter met and discussed plans for the annual day-long CLE presentation currently scheduled for May 10, 2019.  The 2019 program will focus on the topic of damages and is entitled: “Damages:  It’s All About The Money -- How To Get It And How To Keep It.”

The ACTL Western Regional Trial Competition was hosted this year by the University of Arizona College of Law and held from Jan. 25-27, 2019 at the Pima County Superior Court in Tucson, Arizona. This regional featured 24 teams from 12 schools from Arizona, Hawaii, Northern California, New Mexico, and Nevada. Arizona Fellows Ted Schmidt and Peter Akmajian recruited some 70 judges and assisted the U of A in organizational efforts. Ted acted as the competition coordinator for three days. The Pima County Superior Court, under the leadership of Presiding Judge Kyle Bryson and Judge Deborah Bernini, Director of Court Facilities & Security Dennis Gauthier and Court Administrator Ronald Overholt, provided the competition with three floors of court rooms, jury rooms, audio visual equipment, security, and housekeeping services. The turnout from the Arizona Fellows (over 20) showed the enthusiasm and engagement of all who participated. The sitting Arizona judges and other distinguished lawyers in the Arizona bar who agreed to judge provided the students with invaluable input. A special thanks to Regent Kathleen Flynn Peterson from Minneapolis, Minnesota, who acted as a presiding judge during the competition. In addition, Ted and his wife, Martha, hosted a Saturday night reception at their home for all competitors and judges. At this reception, the Arizona Fellows awarded the first Thomas Mauet award for professionalism to the team that best demonstrated the qualities of civility and ethics, which are so important to the College. Professor Mauet started the trial advocacy program at the University of Arizona and is known as a pioneer in the area. Interestingly, there were an odd number of teams entered in the competition initially putting the University of Arizona College of Law with the challenge of finding a “foil” team to make for an even number of teams and to avoid the need to require teams to draw byes in the early rounds. Kristen Garibay and Maura Hilser from U of A accepted this challenge with only a week and a half to prepare. They not only won a round but were voted by their peers the winners of the Thomas Mauet Professionalism Award. Many judges remarked on the preparation and skill of the competitors.  Out of the 24 teams participating in this competition, both teams from the University of California at Berkley won and are headed to San Antonio for the final rounds. The Arizona Fellows are proud of this competition, which set a high standard for the number and quality of judges participating, and for the overall strong organization. 

Fellowship Goes Aloha Style in Hawaii    

The Hawaii State Committee members met on Nov. 30, 2018 at the historic Outrigger Canoe Club in Waikiki, Hawaii. Fellows and their guests enjoyed the aloha wear dress code as well as a wine reception followed by dinner.

Superior Court of Ontario Launches Pilot Project Thanks to Work of Judiciary Committee

As a result of the College (and others) efforts to streamline processing of Canadian civil lawsuits to be tried before a judge, the Superior Court of Ontario has implemented a pilot project to study a new approach to these cases commencing February of this year.  Click here to read the practice advisory issued by the court. In essence, the pilot project dictates that “judge only” civil proceedings will proceed before the same judge throughout case processing and trial.  In addition, the program requires voluntary resolution of pretrial disputes without contested motions except in unusual circumstances.  Moreover, the program envisions early setting of trial dates and heightened requirements for conferences among counsel. The goal of the project is significant reduction of the cost and delay in civil cases. The pilot project is a direct outgrowth of the 2016 ACTL report by the Judiciary Committee entitled Working Smarter But Not Harder In Canada: The Development of a Unified Approach to Case Management in Civil Litigation.

Oregon Fellows Host First Woman Chief Justice of Oregon Supreme Court

Oregon Fellows hosted the first woman Chief Justice of the Oregon Supreme Court and Fellow, the Hon. Martha Walters, and the first woman Regent for Region 3, Mona Duckett, at its annual Holiday Dinner on Dec. 5, 2018. Pictured above are the women Fellows from Oregon: from left to right, Oregon State Committee Chair Renée Rothauge, Regent Mona Duckett, Lisa Maxfield, Chris Kitchel, the Hon. Martha Walters, Karen O'Kasey, Judy Snyder, and Julie Vacura.

Massachusetts Makes Times for Moot Court

In Nov. 2018, Massachusetts Fellows participated in the Region One Round of the National Moot Court Competition hosted by Roger Williams University School of Law in Rhode Island. The Regional Round Competition will be held in Portland, Maine on Feb. 7-10. This event is under the direction and leadership of Fellow Richard Zielinski.

Mississippi CLE Program Focuses on Medical Experts

On Nov. 30, 2018, the Mississippi Fellows hosted a CLE program, “Presenting and Challenging Medical Experts: A Seminar on Discovery and Trial Skills.” The seminar, held at The Westin in Jackson, Mississippi, began with presentations by Fellows Mildred Morris and John Banahan on identifying, preparing, qualifying, cross-examining, and disqualifying experts. Former Regent Christy Jones moderated a panel discussion, “Issues in Presentation of Experts: A View from the Bench”, with United States District Judge Carlton Reeves from the Southern District of Mississippi and United States District Judge and Judicial Fellow Brian Jackson from the Middle District of Louisiana. The program concluded with Fellows Walter Morrison IV and Immediate Past Chair of the Mississippi State Committee John Wheeler conducting a direct and cross-examination of Dr. Michael Stodard, an emergency room physician, based on the facts of a case they tried in 2008. The sixty attendees included Dean Patricia Bennett of the Mississippi College School of Law and a group of law students from Mississippi College and the University of Mississippi School of Law. Following the CLE, the Mississippi Fellows enjoyed their Annual Dinner at the Mississippi Museum of Art with guests President Jeff Leon and First Lady Carol Best and Regent Tom Hayes and his wife, U.S. Magistrate Judge Karen Hayes.

National Trial Competition Seeks Volunteers

The National Trial Competition, which is co-sponsored by the College, attracts teams from more than 150 law schools and involves more than 1,000 law students each year. Fellows from across the country are asked to serve as judges during the regional rounds. If you are interested in serving as a judge during the regional rounds, please contact the Fellows who are listed as regional liaisons below.

Region 1 - University of Maine
Contact: Amanda Doherty, dohertyesq@aol.com
Dates: February 7-10, 2019

Region 2 - University of Buffalo
Contacts: Jennifer Scharf, jrscharf@buffalo.edu 
Rebecca A. Donoghue, ray1@buffalo.edu
Dates: February 8-10, 2019

Region 3 - Temple University Beasley School of Law
Contacts: Mary Beth T. Wilson, mwilson6@temple.edu  
Jules Epstein, jules.epstein@temple.edu
Dates: February 7-10, 2019

Region 4 - American University Washington College of Law and The Catholic University of America, Columbus School of Law
Contacts: Elizabeth Lippy, elippy@wcl.american.edu  
Lindsey Cloud Mervis, mervis@cua.edu
Dates: February 8-10, 2019

Region 5 - University of South Carolina
Contact: Brett Bayne, brett.bayne@mgclaw.com
Dates: February 1-3, 2019

Region 6 - Florida State University
Contact: Tor Friedman, torfriedman@gmail.com
Dates: February 1-3, 2019

Region 7 - Ohio State University Moritz College of Law
Contacts: Elizabeth Sherowski, sherowski.2@osu.edu
Katie Berger, berger.313@buckeyemail.osu.sdu
Dates: February 8-10, 2019

Region 8 - Faulkner University
Contact: Joe Lester, jlester@faulkner.edu
Dates: February 7-9, 2019

Region 9 – Indiana University – McKinney School of Law
Contact: Novella L. Nedeff, nnedeff@iupui.edu
Dates: February 21-23, 2019

Region 10 - Texas Young Lawyers Association and South Texas College of Law
Contact: Joel Towner, jtowner@beckredden.com
Dates: February 8-10, 2019

Region 11 - Texas Tech University School of Law
Contact: Robert Sherwin, robert.sherwin@ttu.edu
Dates: February 7-9, 2019

Region 12 - University of Nebraska College of Law
Contacts: Molly Brummond, molly.brummond@unl.edu  
Katie Pfannenstiel, kpfannenstiel@unl.edu
Dates: February 15-17, 2019

Region 13 - University of Utah S.J. Quinney College of Law
Contacts: Rich Mckelvie, richard.mckelvie@gmail.com  
Suzanne Faddis, suzanne.faddis@law.utah.edu
Dates: February 7-9, 2019

Region 15 - American College of Trial Lawyers
Contact: Dennis Maggi, dmaggi@actl.com
Dates: February 8-10, 2019

NATIONAL MEETINGS

2019 Spring Meeting
February 28-March 3, 2019
La Quinta Resort & Club, A Waldorf Astoria Resort
La Quinta, California
 
Northern California Fellows Dinner
San Francisco, California
February 1, 2019

Utah Fellows Dinner
Location TBA
February 2, 2019

South Carolina Fellows Meeting
Bluffton, South Carolina
February 7-10, 2019

New Jersey Fellows Dinner
Hamilton Township, New Jersey
February 9, 2019

New Brunswick Fellows Dinner
TBA
March 11, 2019

Nova Scotia Fellows Dinner
TBA
March 12, 2019

Newfoundland and Labrador Fellows Dinner
TBA
March 13, 2019

North Carolina Fellows Meeting
Asheville, North Carolina
March 21-24, 2019

Quebec Fellows Dinner
TBA
March 27, 2019

LAW SCHOOL COMPETITIONS

Gale Cup
Toronto, Ontario
February 15-16, 2019

National Trial Competition
San Antonio, Texas
March 28-21, 2019

David J. Beck of Houston, Texas was named recipient of The Center for American and International Law’s (CAIL) most significant honor, its Award for Achievement in the Pursuit of Justice for All. The award is given to an individual or group whose life/lives and work embodies CAIL’s commitment to the rule of law. CAIL, through its lawyer and law enforcement programs, addresses the needs of the justice system, and its prestigious award may be presented to anyone who is part of that system.

R. Dan Boulware of Saint Joseph, Missouri was honored with being one of the five attorneys selected for Missouri Lawyers Weekly 2019 Influential Lawyer award. The award recognizes Missouri lawyers who have made substantial contributions to the legal community.

Kathleen Brinkman of Cincinnati, Ohio was recognized with the 2018 John L. Muething Lifetime Achievement in Law Award by the Cincinnati Bar Foundation. The award is presented for 50 years of exemplary service as a lawyer and recognizes her service through mentorship, pro bono work, advocacy, and community engagement.

S. Gene Fendler of New Orleans, Louisiana has been named a Distinguished Alumnus of the Year by the Paul M. Hebert Law Center, Louisiana State University. Recipients of this award are recognized for rare distinction in professional achievement, high ethical standards, and loyalty to the LSU Law Center.

Patricia E. Lowry of West Palm Beach, Florida was recognized by the Palm Beach County Bar Association with the Sidney A. Stubbs Professionalism Award (named after ACTL Fellow Stubbs), for her outstanding professionalism and exemplary ethical conduct, character and integrity, and for maintaining the highest levels of professional competence, courtesy and civility, and commitment to serving clients, the community and the public good.

James L. O’Connell of Cincinnati, Ohio was recognized with the 2018 John L. Muething Lifetime Achievement in Law Award by the Cincinnati Bar Foundation. The award is presented for 50 years of exemplary service as a lawyer

Michael W. Smith of Richmond, Virginia received the Virginia Holocaust Museum Rule of Law Award on Oct. 15, 2018. This high distinction is conferred upon individuals whose careers and public stances have embodied the importance of the rule of law. As the Museum states: “A central lesson of the Holocaust is the centrality of the rule of law in the preservation of civil societies. This program established by the VHM’s Nuremberg Courtroom Committee and the Virginia Law Foundation honors individuals whose life and work emulate the highest ideals enshrined in the principles of the Nuremberg Military Tribunal and later the International Court of Justice.”

Carolyn A. Taggart of Cincinnati, Ohio received the Professionalism Award in 2018 from the Cincinnati Bar Association. This award, annually given by the CBA, recognizes a trial lawyer for “possessing outstanding trial skills and demonstrating the highest degree of professionalism, civility and ethical standards in his or her daily practice.”

Christopher P. Wesierski of Irvine, California was presented the Orange County Chapter 2018 Trial Lawyer of the Year Award from CAL-ABOTA. The annual award is given to a recipient exhibiting the best traits of a trial lawyer - excellence in advocacy, a distinguished career and a reputation for civility, ethics and fair play.

Jeffrey Willis of Tucson, Arizona began his term as 2018-2019 president of the State Bar of Arizona. He was admitted to the Arizona Bar in 1977.

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Arkansas Fellows Dinner, Little Rock, November 28-29, 2018: Jeff and Carol were welcomed to Little Rock by former State Committee Chair Bobby Jones and his wife, Cheryl, with dinner at what Jeff described as “an unusual restaurant” called Brave New. Any restaurant featuring a dish called “Duck with Duck” however sounds okay to this writer. The next morning, Jeff and Carol walked around town and, of course, Jeff bought hats and saw a submarine. He also toured the Clinton Library and sat in the replica of the oval office wondering why the President of this College does not enjoy similar accommodations. The Fellows dinner itself was well-attended by the Arkansas Fellows and included Regent Tom Hayes and his wife, the Honorable Karen Hayes; State Committee Chair Ken Cook; State Committee Vice Chair Spence Fricke; Immediate Past Chair Jim Julian, and former State Committee Chairs Lyn Pruitt and Bobby Jones III. In his remarks, Jeff commented on the responsibility of each Fellow to identify diverse and young candidates for fellowship. He also commended the work of the Task Force on Judicial Independence. He discussed the College’s press release regarding the “Obama Judges” battle between Chief Justice John Roberts and President Trump. Jeff put on his Arkansas Razorbacks hat and regaled the audience with tales of Canadians who allegedly came from Arkansas and how he had actually attended a Razorback’s football game. Go Hogs!

Mississippi Fellows Dinner, Jackson, November 30, 2018: Early the morning after the Arkansas event, Jeff went for one of his customary runs and then he and Carol were chauffeured to Jackson, Mississippi by Regent Tom and Honorable Karen Hayes. This drive included views of the Mississippi Delta and cotton fields. The group stopped at Onward, a local dining spot favored by the Manning (football) family, where Jeff offset the effects of his run with the many fried foods of the region. The Mississippi Fellows Dinner was a black-tie event held at the Mississippi Museum of Art. In attendance were State Committee Chair Cal Mayo, Immediate Past Chair John Wheeler, State Committee Vice Chair Phil Abernethy, and Former Regent Christy Jones. In his talk, Jeff acknowledged Christy’s involvement on the Task Force on Mentoring as well as her being one of the first Fellows in the Access to Justice Distinguished Pro Bono Fellows Pilot Project. Jeff also diplomatically discussed the Battle of New Orleans during the War of 1812, which he claims was won by Canada. Jeff had to dig deep to find Mississippi connections to Canada but managed to dredge up Jackie Parker, “one of the best quarterbacks ever to play in the Canadian Football League” who in fact played for Jeff’s hometown team, the Edmonton Eskimos. Go Eskimos! The next morning, Jeff was about to embark on his run when he stumbled onto the starting line of a 5K race. He quickly registered and put in a good time (“for me”). Go Jeff!

Nebraska Fellows Dinner, Omaha, November 30, 2018: While Jeff and Carol were experiencing the Mississippi Delta, President- Elect Doug Young flew into cold and snowy Omaha, Nebraska for the Nebraska Fellows Dinner. Doug stayed near the famous baseball stadium where the College World Series is played every summer and where his hometown team, Cal State Fullerton, has won it all several times. Go Titans! The Fellows dinner was held at the Happy Hollow Club just outside town. Immediate Past Chair Kirk Blecha and State Committee Chair Dave Ernst met Doug for a quick drink before the dinner. Nebraska has a relatively small group of Fellows, but a large percentage enthusiastically attended dinner. These included Former Regent Mike Kinney, U.S. District Judge and Judicial Fellow Bob Rossiter, and retired Nebraska Supreme Court Justice and Fellow Nick Caporale. Kirk introduced new inductee Bill Tannehill and gave Bill a binder of the history of the Nebraska State Committee. Doug also gave remarks on the various topics important to the College, including judicial independence and support for Chief Justice Roberts' recent comments. Doug also discussed what sounds like a great program out of the Northern District of California in which federal judges will guarantee oral argument in cases where they are advised in advance that junior lawyers will make the presentation. 

Louisiana Fellows Dinner, New Orleans, December 1, 2018: Meanwhile, back in the Deep South, Jeff and Carol were again driven by Regent Tom and Honorable Karen Hayes from Jackson through the swamps of Louisiana to New Orleans. Their first stop was Café Degas, a New Orleans favorite. The Fellows dinner that evening was at a private room in Café August.  Attendees included State Committee Chair Adrianne Baumgartner, State Committee Vice Chair and Chair of the Legal Ethics and Professionalism Committee Don McKinney, and Vice Chair of the Emil Gumpert Award Committee, Mark Surprenant. Jeff expressed to the group that he had come to learn a great deal about New Orleans from Fellow Jason Williams and jazz artist Dr. Michael White at the College's recent Annual Meeting. Just as Jeff was warming up, a large cockroach joined the proceedings scurrying across the floor until Judicial Fellow Brian Jackson handed down the harsh sentence of his shoe’s heel on the intruder. Jeff ended the night cheering for the Tulane Green Wave, the LSU Tigers, and the University of Louisiana Ragin’ Cajuns. He also tipped his hat to the NFL Saints and Drew Brees, though that apparently was not enough to overcome the LA Rams and the NFL refs.

The following Fellows have been elevated to the bench in their respective jurisdictions.

William Jung
Tampa, Florida
Effective September 10, 2018
District Judge
U.S. District Court Middle District of Florida

Craig A. Karsnitz
Georgetown, Delaware
Effective November 30, 2018
Judge
Superior Court of Delaware