17 minute read
Sections and Divisions
Virtual Thurgood Marshall Memorial Moot Court Competition.
YOUNGER LAWYERS DIVISION
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Teams representing schools from across the country participated in the 26th Annual Thurgood Marshall Memorial Moot Court Competition from March 8-12, 2021. After canceling the oral argument portion of the 2020 competition due to the COVID-19 pandemic, the entire 2021 competition was held virtually.
The competition kicked off on March 8 with a virtual program and a welcome keynote address from Colonel Luis O. Rodriguez, associate judge, U.S. Army Court of Criminal Appeals. Following the welcome address, all were invited to a training to address any questions regarding the virtual format. While initially nervous about potential challenges (such as mute button mishaps, miscommunications, and screen delays), there were ultimately very few and the competition ran smoothly.
Making it one of the premier moot court competitions in the country, the oral argument rounds mirror real court proceedings. As in previous years, the volunteer judges who serve as judges in the competition are actual state or federal judges, practitioners, or scholars, thereby reinforcing the “real-world” experience for the law students. While oral argument rounds are normally held in courthouses in Washington, D.C., as lawyers have had to pivot to virtual hearings, conferences, and even trials in some cases, students participated in the oral argument rounds virtually via Zoom this year. FBA staff served as bailiffs in the virtual courtrooms. Following the oral argument rounds, judges submitted their scores and feedback via an online platform.
The 2021 problem was authored by Hon. Melissa Burns, U.S. magistrate judge for the District of Arizona. The problem presented two constitutional issues arising from a hypothetical federal criminal case: improper search and seizure under the Fourth Amendment and a defendant’s due process right to a complete defense at trial. With regard to the first issue, defendant Kenny Bearson was convicted of two counts of first-degree murder. Evidence at trial included a pawn shop receipt that the police had seized from the defendant’s home. The pawn shop receipt, which was seen in plain view, indicated that the defendant had pawned several rifles (some capable of shooting bullets that were found at the scene of the crime) weeks after the murders. Before going into the defendant’s home, the police met at the front door, where the defendant’s sister, who apparently had been smoking medicinal marijuana and, after questioning from the police, consented to let them enter. Eventually those issues found their way to the U.S. Supreme Court.
Each of the teams submitted a written brief, supporting either the Petitioner or Respondent, and participated in two preliminary rounds, taking place March 9 and March 10. Following the preliminary rounds, teams were ranked based on a combination of written and oral argument scores, and the top 16 teams advanced to the next round. The playoff rounds, which consisted of the round of 16, quarterfinal, semi-final, and final rounds, took place on March 11 and the morning of March 12. The teams advanced in the playoff rounds based on a combination of written and oral argument scores. The final round was held on the afternoon of March 12. During this round, the competition champion was selected based on oral argument in the final round only. The final round panel consisted
of Judge Paulette Burton, senior judge at the U.S. Army Court of Criminal Appeals; Judge Fansu Ku, trial judge at the U.S. Army Judge Advocate General’s Corps; Judge Dan Polster of the Northern District of Ohio; and West Allen, FBA president.
The annual Thurgood Marshall Memorial Moot Court Competition is the YLD’s signature event. Initially developed as a means to demonstrate the value of the YLD’s board to the FBA and FBA membership at large, the competition has grown to be one of the most prestigious moot court competitions in the country, creating opportunities for law students to develop their written and oral advocacy skills. Now in its 26th year, the competition continues to create meaningful opportunities for law students. Growing from its inaugural competition, in addition to the problem author—who writes the competition problem and bench brief—the Moot Court Committee solicits over 75 volunteer judges for the preliminary rounds alone. In recent years, competition directors—who are selected by the YLD board of directors—oversee the competition, coordinating with FBA staff and working groups and committees.
This year’s competition directors, Amy Boyle (YLD treasurer and board member), Ben Barnes (YLD board member), and Ben Reese (YLD board member), thank all who volunteered their time to serve as judges during the weeklong competition; the final round judges; the YLD board; the Moot Court Committee; Colonel Luis O. Rodriguez; the Army JAG Corps and the Foundation of the Federal Bar Association, who generously sponsored the competition; the participants and their coaches, who impressed with their oral advocacy skills and careful preparation; and the dedicated FBA staff, whose efforts make the competition a success year after year.
If you know of any law students eager to learn about federal practice, please encourage them to participate in the Thurgood A. Marshall Memorial Moot Court Competition. The YLD Moot Court Committee is also looking for a problem author for the 2022 competition. If you are interested, please contact Amy Boyle (boyle@halunenlaw.com).
2021 Moot Court Winners
1st Place Brief: University of Kansas School of Law (Team 20) 2nd Place Brief: Drexel University Thomas R. Kline School of Law (Team 19) 1st Place Preliminary Round Oralist: Caleb Kampsen, University of Kansas School of Law (Team 20) 2nd Place Preliminary Round Oralist: (TIE) Delaney Gold-Diamond, UCLA School of Law (Team 2); Seth Connell, Regent University School of Law (Team 13); Andrew Peterson, University of Minnesota Law School (Team 17) 3rd Place Preliminary Round Oralist: Ben Ramberg, University of Kansas School of Law (Team 20)
Best Final Round Oralist: Delaney GoldDiamond, UCLA School of Law (Team 2) Overall Champion: UCLA School of Law (Team 2) 2nd Place: Regent University School of Law (Team 13) 3rd Place: University of Miami School of Law (Team 21)
FEDERAL LITIGATION SECTION
Tribute to Judge Joseph Woodrow Hatchett: The First of Many, But Not the Last (1932-2021)
The death of Judge Joseph Woodrow Hatchett on April 30, 2021, came as a shock to many. Indeed, to those he had impacted, his 88 years spent on this earth seemed like a relatively short time for a man of such widespread influence.
Judge Hatchett served as the first African American on the Eleventh Circuit Court of Appeals, which was established in 1981 when Congress split the Fifth Circuit. While on the circuit court bench, he trained dozens of new lawyers as law clerks and interns. After serving as the chief judge for the Eleventh Circuit, he retired from the bench in 1999. To date, he is the only African American to ever serve as chief judge of the Eleventh Circuit.
Judge Hatchett’s many accomplishments are described in a judicial profile in earlier issue of The Federal Lawyer (see https://www. fedbar.org/wp-content/uploads/2019/10/ HatchettSEPT1997-pdf-3.pdf), but he continued to break new ground after that profile was published.
Throughout his career, Judge Hatchett continued to inspire many. Eleventh Circuit Judge Charles Wilson stated, Those of us who had the privilege of serving as his law clerk, whether it’s on the [federal] Court of Appeals or the Florida Supreme Court, we sort of consider ourselves as members of a very special group because we began our careers under the tutelage of one of America’s most admired and respected judges. He’s a legend.
Judge Hatchett was Judge Wilson’s predecessor on the Eleventh Circuit Court of Appeals. In his own right, Judge Wilson is a very accomplished jurist who credits Judge Hatchett with his career and marriage—he met his wife while clerking for Judge Hatchett. He stated that he would lean on Judge Hatchett for guidance and assistance for over 40 years, even as a federal judge.
Judge Wilson described Judge Hatchett as having “remarkable intellect and sound judgment, deep compassion for people, the less fortunate and oppressed.” He noted that he never lost sight of the role the courts play in protecting the rights of people.
In paying his respects to Judge Hatchett, Chief U.S. District Judge Mark Walker stated that “he was a great judge, but more importantly a great man. It’s important that we study his history as a lawyer and as a judge. It reminds us of the importance of the role of the judiciary and the rule of law.”
He was a mentor for many Black lawyers who followed him. He will continue to be an inspiration for all lawyers who will serve as pioneers for their particular community in paving the way for new entrants into the legal field.
Federal judges receive compensation even after retirement. Thus, many do not continue to work full time. But never one to sit idle, Judge Hatchett decided to join a private firm, Akerman, after leaving the bench. He helped the firm develop its Appellate Law Practice and was the department chair for many years. Former partner Kathi Giddings described Judge Hatchett as “the calm in the storm” and “unflappable.” She noted that he always made you feel good about yourself and brought out the best in everybody despite overcoming so many obstacles and being called racial epithets, even while on the bench.
As part of Akerman’s appellate practice section, Judge Hatchett began holding court again, offering mock appellate arguments to attorneys scheduled to appear before the federal circuit court as a way to allow them to practice and receive a hands-on and valuable critique of their arguments. The program was
so popular, they offered it to attorneys from outside the firm with much success. Akerman continues that practice to this day in what it calls the “Akerman Bench.”
Judge Hatchett also continued his fight for justice and equality. He worked with the NAACP as a lead attorney and fought to preserve statewide preference programs that benefitted minorities and women in Florida. In April 2018, he retired from the practice of law.
Throughout his career, he always made time for his family, ensuring that they knew they were loved and appreciated. He did not “bring work home,” so to speak. He was just “Papa.” He also was a musician, fisherman, and winemaker.
So, what do you say about someone who was so impactful to so many lives? As one of his former law clerks, Ted Smalls, succinctly stated, “he gave us all gifts; it’s up to us now to carry it on.”
Finally, Judge Hatchett’s grandson, Rashad Green, who has followed in his grandfather’s footsteps as a civil rights lawyer, offered this message on behalf of his family:
Papa was a great man who walked in humility. He rarely, if ever, spoke of his life achievements. His concern was always for us and not him. He lived to serve God and others. He valued and respected the sanctity of life and human dignity. He loved to fish and spend time on the farm. He loved his family with all that he had in him. That is Papa to us. Our family will miss him forever.
Judge Hatchett is survived by Delores Grayson (his friend and partner); his children, Cheryl Clark and Brenda Hatchett; eight grandchildren; and nine great-grandchildren. His wife, Betty Hatchett, preceded him in death in 2019.
To read the full version of this article, please visit the Tampa Bay Chapter website: www.federalbartampa.org.
Contact the Federal Bar Association to claim your missing issue of The Federal Lawyer or order additional copies at (571) 481-9100 or social@fedbar.org.
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