Case In Point 2016

Case in Point.

2 016

The Magazine of

The Brain Issue

I NEED A CMS BUILT WITH MY NEEDS IN MIND.

Thomson Reuters Court Management Solutions™ Our innovative, comprehensive C-Track® court management system is designed to help you perform at your highest level. It’s efficient, eliminating multiple steps that can cost valuable time. It’s precise, allowing you to better allocate employee resources and save time. And it provides intuitive calendaring, easy access to case information, and effective drafting tools. Add the experience of 150 years of helping courts provide justice – and the additional features we’re working to bring you – and you have a court management system you’ll be able to rely on for years to come.

Learn more: legalsolutions.com/CTrack-CMS or call 1-877-923-7800.

© 2015 Thomson Reuters L-394236/1-15 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.

The Magazine of

The Brain Issue 9 15 18 23 25 32

What Can You See? Promise and Limits of Neuroimaging as Evidence

Understanding the Impairments of Fetal Alcohol Syndrome Victims The Aging Brain and Capacity: Misconceptions and Advances

The Mindful Judge

Procedural Fairness: A Treat for the Brain

The Brain Index

3 ¡ The Magazine of The National Judicial College ¡ Case in Point 2016

5

28

2017 Course Schedule

34

NTJC News

39

NJC News

44

In Memory

From the President

52 Donors

55

The Back Page

What We Do Since 1963, The National Judicial College has been the nation’s leading provider of judicial education. Our mission remains as relevant as ever: education, innovation and advancing justice.

Learn More About the NJC Visit www.judges.org to learn more about the College and what you can do to help further our mission.

NJC Staff EXECUTIVE OFFICE Hon. Chad Schmucker President Lonnie Shodeen Executive Assistant ACADEMIC DIVISION Joy Lyngar Chief Academic Officer

Donate Use the envelope in the middle of this magazine or donate online at www.judges.org/giving

Katheryn Yetter Academic Director Academic Department Muriel M. Bartlett Registrar

(800) 25-JUDGE (800-255-8343) www.judges.org/contact info@judges.org

Share

BOARD OF TRUSTEES

Tell your story to other supporters at

Kim Dean Hogrefe, Esq. Chair-Elect

www.judges.org/mystory

William J. Brunson Director of Special Projects Joseph Sawyer Director of Distance Learning

THE NATIONAL JUDICIAL COLLEGE Judicial College Building/MS 358 Reno, NV 89557

Gift Planning Learn how to put the Judicial College in your will or estate plan,* gift a remainder of your estate, donate

Wm. T. (Bill) Robinson III Chair Matt Sweeney, Esq. Immediate Past Chair Peter Bennett, Esq. Treasurer Hon. J. Matthew Martin Secretary Norma Barnes-Euresti, Esq. Alan R. Brayton, Esq. Richard H. Bryan, Esq. Elizabeth J. Cabraser, Esq.

Rebecca Bluemer Scholarship Coordinator

stock or real estate, and more.

Mary Burdick Judicial Education Manager

www.judges.org/planned

Ann Thornton Field, Esq.

*If you have already put the College in your will or estate plan, please let us know. We would

Peter J. Neeson, Esq.

Sarah Dahl Distance Learning Manager Sharon Ehlert Receptionist Melody Luetkehans Senior Program Attorney

like to thank you for your generous commitment and welcome you to the Legacy Council.

Betty Morgan Course Administrator

Hon. Toni E. Clarke Rob Hunter, Esq. Robert L. Parks, Esq. Tony F. Sanchez, III, Esq.

Crystal Noel Course Administrator

Walter L. Sutton, Jr., Esq.

Brenda Pardini Assistant Registrar

Mark G. Tratos, Esq.

Bryan Walker Judicial Education Manager

Hon. John M. Vittone (Ret.)

Kelly L. Zahara Course Administrator

Hon. Christopher T. Whitten

National Tribal Judicial Center

Sandra S. Yamate, Esq.

Christine Folsom Director

BOARD OF VISITORS

Ramon Acosta Program Attorney

A. Clifford Edwards, Esq. Chair

Charisse Abbie NTJC Course Administrator

John L. Holcomb, Esq. Vice Chair Jack Balagia, Esq. Timothy R. Donovan, Esq.

OPERATIONS DIVISION

Hon. Sophia H. Hall

Finance Department

Irwin A. Molasky

Patrick Grimes Chief Financial Officer

J. Edward Neugebauer, Esq.

Dodie Schweitzer General Accounting Manager Sue DeFuentes Staff Accountant Katheryn Gardiner Accounting Assistant Kimberly Christopherson Logistics Specialist

Case in Point is published once a year by The National Judicial College.

Articles and information that appear in Case in Point do not necessarily reflect the official position of The National Judicial College. Publication does

Development Department

not constitute an endorsement of views expressed. Readers are invited to

Jeanne Hill Director

address comments and suggestions to Jeanne Hill at hill@judges.org. We

Bob Gabrielli Grant Writer

cannot guarantee the publication or return of unsolicited manuscripts.

Brady Johnson Marketing & Communications Mgr Karin Morris Development Assistant Technology Tony Scronce IT/AV Manager – UNR Services

Case in Point articles and content are copyright protected. The National Judicial College encourages republication and dissemination of articles it publishes with permission. To secure permission to reprint Case in Point articles, please contact Jeanne Hill at hill@judges.org.

Peter Chase Neumann, Esq. Marsha Y. Rabiteau, Esq. Patricia K. Rocha, Esq. Hon. James D. Rogers (Ret.) Roman Silberfeld, Esq. FACULTY COUNCIL Hon. Steve L. Smith Chair Hon. Toni T. Boone Chair-Elect Hon. Jennifer Gee Secretary Hon. Jess Clanton Hon. André Davis Hon. Jane D. Fishman

DESIGN & PRODUCTION Erik Flippo Editorial contributions by Jeanne Hill, Megan Downs and Ashley Cook.

The National Judicial College is an Equal Opportunity/Affirmative Action, ADA organization, and admits participants of any age, race, color, religion, gender, gender identity, sexual orientation, and national or ethnic origin. © 2016 The National Judicial College. All rights reserved.

Hon. William G. Kelly Hon. Vince Knight, Jr. Hon. Daniel P. Ryan Hon. V. Lee Sinclair, Jr. (Ret.)

From the President Dear Friends,

T

hanks for spending some time with The National Judicial College’s Case in Point magazine. As

the cover illustration suggests, this year’s issue focuses on the human brain, a fascinating subject where advances are made virtually on a daily basis. I am confident that when you read these

articles, you will discover something new, something that will change the way you look at human behavior.

Now I am going to ask a favor of you. Did you know neuroscientists have found empathy circuits in the human brain? Please activate those circuits and take a new judge under your wing. Almost every day, a new judge is appointed or elected somewhere in this country. What should you do if that new judge is in your court? Think back about when you first took the bench. What were your concerns then?

Some new judges are concerned about the responsibilities in the courtroom, some about what happens behind the scenes and some about what happens when they’re away from the courthouse and how this will affect their families or their social lives. The judge may be in a large court or may be in a one-judge court. The court may have serious case management, financial, or technology issues. The new judge’s background and experience may match the type of cases he or she will be handling, or it may be drastically different. Even if you can’t offer any specific advice, just letting a new judge know that you are available if she or he has questions is a great way to start a relationship.

Here are some other concrete things you can do: 1. If this judge will not have a new judge’s training immediately available, let them know about the free online NJC course Taking the Bench. You can access it on our website under Web Self-Study courses.

2. Tell the new judge about the two-week courses that the NJC designed to introduce newer judges to all aspects of judging. These include courses for general jurisdiction judges, limited jurisdiction judges and administrative law judges. Participants who have gone through those courses have found them to be extremely helpful.

3. Let the new judge know about our new scholarship program, which guarantees a scholarship of $1,000 for judges who sign up for an NJC course in their first 90 days of office and complete the course within a year. For many judges, the State Justice Institute will also provide an additional $1,000.

Anything you can do to help a new judge become better will improve the public’s confidence in the courts. It’s why the NJC is here: to help judges become better judges so they can better serve their communities. I hope to see you all soon at the NJC.

Hon. Chad Schmucker

5 · The Magazine of The National Judicial College · Case in Point 2016

The Brain Issue More than 1,500 United States judicial opinions issued between 2007 and 2012 cite brain science in some way, according to the U.S. Presidential Commission for the Study of Bioethical Issues.

IN THIS SPECIAL SECTION

What Can You See? Promises and Limits of Neuroimaging as Evidence Understanding the Impairments of Fetal Alcohol Syndrome Victims

Neuroscience allows us to gain a deeper understanding of the human brain and mind, including our cognition, behavior, memory, learning, mood and social interactions.

The Aging Brain and Capacity: Misconceptions and Advances

So many complexities in the brain could affect the outcome of a case. Yet many experts are concerned about an overreliance on a new science, arguing that there are issues about reliability, misapplication, conceptions of free will, mental privacy and personal liberty.

Procedural Fairness: A Treat for the Brain

The Mindful Judge

Brain Index

We’ll reveal what we’ve learned about this threepound mass of gray and white matter, how new discoveries are shaping the judicial system and what might come in the future of neuroscience.

2016 Case in Point · The Magazine of The National Judicial College · 6

7 ¡ The Magazine of The National Judicial College ¡ Case in Point 2016

2016 Case in Point ¡ The Magazine of The National Judicial College ¡ 8

What Can You

See?

PROMISE AND LIMITS OF NEUROIMAGING AS EVIDENCE The brain is a source of endless intrigue for people from all walks of life. A juror hearing about a defendant’s alleged crime may be wondering, “What were they thinking?”

A detective conducting an interrogation might be asking, “Is this person telling me the truth?” A psychiatrist meeting a patient may be thinking, “What is the right diagnosis for this individual’s symptoms?”

There is an allure to any technique that promises to help us discover more about the thoughts, emotions, or motivations of the people around us. Over time, humans have employed a number of methods to understand the brain. These methods have included conducting psychiatric examinations and interviews, analyzing brain waves with an EEG (electroencephalogram), performing neuropsychological testing, and using radiologic procedures to obtain images of the brain.

People study brain function for a variety of reasons, including improving diagnosis and treatment of psychiatric or neurologic disorders, detecting deception, understanding the causes of problematic behavior - such as violence - and addressing issues in legal settings. The new technology of neuroimaging involves the use of radiologic procedures to examine the structure and function of the brain.

With advancements in technology and our understanding of neuroscience, the 9 · The Magazine of The National Judicial College · Case in Point 2016

JOHN R. CHAMBERLAIN, M.D. is a member of the NJC faculty. He is an associate clinical professor of psychiatry and assistant director of program in psychiatry and the law at the University of California, San Francisco Department of Psychiatry.

applications for neuroimaging methods seem limitless. about brain function and hold the promise of allowing a There is hope that these techniques will improve our much greater understanding of the brain. These techniques understanding of the pathology of cognitive problems such include Functional Magnetic Resonance Imaging (fMRI), as dementia, psychiatric conditions such as schizophrenia, Single Photon Emission Computed Tomography scan and other disorders such as traumatic (SPECT), and Positron Emission brain injury. Many hope that by better Tomography (PET) scan. (See the understanding the pathology of such box for detailed information on each NEUROIMAGING disorders, we will improve our ability technology.)

GLOSSARY to diagnose and treat these conditions.

It is worth understanding that There is also interest in using nuclear medicine scans may not fMRI (Functional Magnetic Resonance Imaging) - A neuroimaging in security applications have the same degree of resolution method to measure the activity such as lie detection and using for imaging bodily structures as of the brain. Detects changes neuroimaging techniques in the other techniques (e.g., MRI or CT), in blood flow and blood legal system. For example, can but nuclear medicine scans are more oxygenation in response to the activity of nerve cells. Can neuroimaging provide answers about sensitive than other techniques and be employed to develop maps whether a plaintiff experienced the information garnerd from nuclear revealing the brain regions alterations in brain structure or medicine exams is often unobtainable involved in specific mental processes. Adds information function due to an injury? Can by other techniques. about brain function to the neuroimaging help us determine These techniques do not measure detailed anatomy provided by whether a defendant is competent to what a person is thinking or provide standard MRI scans. stand trial or criminally responsible? photographs of the brain’s activity.

SPECT scan (Single As advances in technology continue, Rather, these techniques measure Photon Emission Computed judges will increasingly be faced with biological processes, such as changes Tomography) - A radioactive the task of determining whether to in blood flow to a region of the compound is injected into the individual. A specialized admit neuroimaging evidence. brain. The biological processes being camera rotates around the In this article, I will discuss some measured are used as markers for person taking pictures from of the promise of neuroimaging brain activity. The information about multiple angles. A computer then uses the data gathered techniques, some problems associated brain activity derived from these to form an image. The injected with applying these techniques in imaging studies is then used to draw tracer consists of a radioactive medicolegal (i.e., forensic) settings, conclusions about the brain’s function. compound bound to a molecule and suggestions for judges being For example, a biologically active that is active in the anatomical structure of interest. tasked with assessing such potential part of the brain will experience an evidence. increase in blood flow. Therefore, if PET scan (Positron an individual engages in a mental Emission Tomography) - A radioactive tracer is activity while undergoing an fMRI administered to the individual. scan, we would expect the scan The tracer travels through the to detect increased blood flow in bloodstream and accumulates in tissues and organs. The Older neuroimaging techniques have the brain regions involved in this individual lies down on a table been used to provide information activity. Neuroimaging techniques that slides into a tunnel-like about the brain and surrounding do not provide an actual image of scanner. The scanner identifies structures. These techniques include biological function in the brain. the signals given off by the tracer.

A computer converts radiographs (x-rays or plain films), They rely on complex algorithms to this information into threeComputerized Tomography (CT) analyze the data obtained during the dimensional images. scans, and Magnetic Resonance scan. The results of the analysis are Imaging (MRI) scans. These represented visually in the images. established techniques provide These representations often take the information about the structure or anatomy of the body area form of colorful images of the brain. It is easy for people being examined, but do not tell us about the function of the not familiar with these techniques to assume that these body part. computer-generated representations are actually “pictures” Newer neuroimaging techniques provide information of brain activity and function.

Promise of Neuroimaging Techniques

2016 Case in Point · The Magazine of The National Judicial College · 10

11 ¡ The Magazine of The National Judicial College ¡ Case in Point 2016

Problems of Neuroimaging in Forensic Settings The newer neuroimaging techniques (PET, fMRI, and SPECT) have provided valuable information about the function of the human brain. Further, they promise additional future insights into the nature of psychiatric and neurological problems, the impact of traumatic brain injury on brain function, as well as the normal functioning of the human brain. However, there remain significant issues with the application of these techniques in forensic settings.

In analyzing psychiatric and behavioral disorders, these neuroimaging techniques are primarily used in research settings which involve examining well characterized populations by utilizing well defined protocols. In addition, it is problematic to apply results from a group to an individual. It is even more questionable to do so if the individual differs in one or more ways from the members of the group. For example, is it appropriate to assess the findings from neuroimaging conducted on a defendant in a criminal case to those of a group of healthy volunteers taking part in a research study at an academic center? It is also reasonable to question whether the same procedures were used to acquire and analyze the data from neuroimaging of the defendant and the comparison group.

Another complication in applying neuroimaging in legal settings is the confusion many people have between correlation and causation. It is tempting to assume that differences found when performing neuroimaging studies on people represent the cause of differences in symptoms or behavior between these people. In order to clarify this issue, imagine two people undergo SPECT, PET, or fMRI imaging. One of the individuals has a history of violence.

Now imagine the person with a history of violence has a different level of biological activity in one region of the brain than the other person. It would be easy to assume this difference in brain activity is the cause of the difference in the behavior. For instance, perhaps this alteration in brain activity makes the person perceive situations as more dangerous or decreases the person’s ability to inhibit aggressive behavior. However, it is also possible that the difference is related to something other than propensity for violence. For example, the difference in brain activity could be the result of long-term substance use. In that case, it could be the substance use (not the different brain activity level) that explains the difference in violent behavior.

Another alternative is that the difference in brain activity and the individual’s being violent are present together by chance alone. Determining associations are present only by chance is particularly difficult in small groups.

A further issue in applying neuroimaging techniques in legal settings is related to our understanding of the nature of the conditions being examined. For instance, at the present time, we do not understand the exact nature of the abnormalities underlying many conditions affecting the brain. For example, psychiatric conditions are conceptualized as syndromes. This means that we make a psychiatric diagnosis not based on the results of a blood test, physical examination, or neuroimaging findings. Rather, we make these diagnoses based on the person having a certain number of symptoms, of the correct type, for a sufficient period of time that result in distress or impairment. In fact, different psychiatric conditions may be associated with altered function in the same brain circuits. Therefore, neuroimaging techniques have significant limitations in their ability to help us make diagnoses.

2016 Case in Point · The Magazine of The National Judicial College · 12

Can neuroimaging help us determine whether a defendant is competent to stand trial or criminally responsible? studies may outweigh their probative value.

Respectfully, judges should carefully evaluate the expert, the expert’s conclusions, and the expert’s methodology.

To apply the results of neuroimaging to questions in legal settings, experts must go through a number of steps. The expert must arrange for the scan to be completed and for the data from the scan to be analyzed. The expert must then determine what (if any) impact findings on the scan would have on the person’s function. If the expert concludes the findings on the scan would impact the individual’s function, the expert must then determine how (if at all) this impact relates to the legal question at issue.

In conclusion, it is reasonable to expect the expert to explain how the findings of neuroimaging relate to specific symptoms or behaviors and how those relate to the legal questions of interest. By obtaining and considering such information, judges will be in a better position to determine if the probative value of the evidence is likely to exceed its prejudicial impact. Such information would also allow jurors, even if they are not familiar with neuroimaging, to more easily evaluate evidence offered by experts.

To read an expanded version of this story, please visit www.judges.org/cip

Suggestions for Judges So, where do we go from here? Judges should be cautious in admitting the results of neuroimaging studies into evidence. Neuroimaging techniques have limitations in making diagnoses of disorders that affect the brain. The complexities of these technologies and the algorithms used to analyze the data from these studies make it problematic for juries to analyze the conclusions of experts — particularly if experts reach different conclusions. There are questions about whether these technologies would pass the Frye or Daubert tests for admissibility. Further, the appeal of having a scientific insight into the human brain and human behavior, coupled with the colorful, objective looking images produced by neuroimaging raises the possibility that the prejudicial value of neuroimaging 13 · The Magazine of The National Judicial College · Case in Point 2016

REFERENCES Aggarwal NK. Neuroimaging, Culture, and Forensic Psychiatry. J Am Acad Psychiatry Law 37:239–44, 2009.

Batts S. Brain Lesions and Their Implications in Criminal Responsibility. Behav. Sci. Law 27: 261–272 (2009).

Brown T and Murphy E. Through a Scanner Darkly: Functional Neuroimaging as Evidence of a Criminal Defendant’s Past Mental States. Stanford Law Rev. 2010 Apr; 62(4):1119-208.

Casartelli L and Chiamulera C. Opportunities, Threats and Limitations of Neuroscience Data in Forensic Psychiatric Evaluation. Curr Opin Psychiatry.

2013 Sep;26(5):468-73.

Dressing H, et al. Implications of fMRI and Genetics for the Law and the Routine Practice of Forensic Psychiatry. Neurocase. 2008;14(1):7-14. http://www.

radiologyinfo.org/en/info.cfm?PG=pet.

Meltzer CC et al. Guidelines for the Ethical Use of Neuroimages in Medical Testimony: Report of a Multidisciplinary Consensus Conference. AJNR Am J Neuroradiol. 2014 Apr; 35(4):632-7.

Moriarty JC. Flickering Admissibility: Neuroimaging Evidence in the U.S. Courts.

Behav Sci Law. 2008; 26:29-49.

Radeljak S et al. Neuroimaging Techniques in Modern Forensic Psychiatry. Coll Antropol. 2010 Apr;34 Suppl 2:287-90.

Silva JA. Forensic Psychiatry, Neuroscience, and the Law. J Am Acad Psychiatry Law. 2009;37(4):489-502.

2016 Case in Point ¡ The Magazine of The National Judicial College ¡ 14

UNDERSTANDING THE IMPAIRMENTS OF

Fetal Alcohol Syndrome VICTIMS As a forensic psychological evaluator, the bread and butter of my practice traditionally revolves around evaluations of competency and risk assessments. I might have the occasional evaluation of criminal responsibility or a mental health/substance abuse evaluation that offers someone the opportunity to receive treatment instead of time, but like most careers, the work quickly becomes routine.

So, when I had the opportunity to evaluate an individual where the public defender had correctly identified some cognitive deficits, I jumped at the chance to stretch my psychological legs beyond the routine. As he ran down the case history with me, he noted that the mother was reportedly a chronic alcoholic, and that his client was removed from the mother at a very young age.

As is standard practice, I had begun to conceptualize the case and identified some possible diagnoses to explore. I knew cognitive and achievement testing was necessary, but as with any forensic case there was also the potential of malingering and underlying personality disorders, which might better account for the defendant’s plight.

As the client walked into the room, I was immediately struck by his physical attributes. Small in stature and size, with narrowly set slits for eyes, flat and upturned nose, he had all the classic hallmark features of an individual with Fetal Alcohol Syndrome (FAS). What struck me the most was that this defendant’s records only reported a mild intellectual deficit (formally known as mild mental retardation) and a possible learning disability. There was no discussion of even a provisional diagnosis for FAS (or Fetal Alcohol Spectrum Disorder; FASD) and only a passing mention of maternal alcohol use. Yet, when asked in that room about the possibility that his mother used alcohol during her pregnancy, he pointedly stated, “I was born drunk.” This statement was 15 · The Magazine of The National Judicial College · Case in Point 2016

BRIAN LEANY, Ph.D. is a Reno, Nevada based licensed clinical psychologist. He has conducted research into the effects of fetal exposure to environmental agents that can disturb the development of an embryo or fetus such as alcohol and nicotine on the neurological development and subsequent behavior.

powerful, not just because of the truth behind the statement, but because the impact of that reality and the life it had yielded was lost on this man, who spent his life misdiagnosed.

The defendant in this situation is a classic example of what happens to nearly 60 percent of individuals with FASD who are charged with a crime and the 55 percent who lose their liberty through incarceration or involuntary hospitalization as a result of the disorder. He was removed from his mother at birth, temporarily, and permanently placed in foster care before entering elementary school.

As a result of his deficits and primal desire to be with his mother, he first withdrew completely (he told me of an effort to be placed back with his mother) and when that did not work, he acted out (which he said was an effort to leave no choice but to return him to his mother). By adolescence, he was known to the police, and he had been involved in several petty crimes. He was easily influenced, and often acted impulsively. When confronted to answer for his behavior, he would lie because he was expected to provide an answer. At age 17, he was convicted of a sex offense and sentenced to juvenile hall. Not knowing any better, he freely shared his offense with other wards of the state and was physically assaulted as a result of his charge. Again, this story reflects a common problem of impulsivity, lying because of memory deficits and a need to answer. Also, naiveté and victimization (or being easily influenced) are all-too-common behaviors in individuals with FASD. In fact, many behaviors that are problematic in the criminal justice system are so prominent, it’s been given a term: Noncompliant, Uncooperative, Resistant, Manipulative and Unmotivated or NURMU (Schacht & LaDue, 2003, p. 122).

This is often how individuals with FASD are characterized

within the criminal justice system.

At sentencing, the client tried to muster his best allocution, and given what I know about his cognitive abilities, it was reasonably eloquent (though occasionally cringeworthy). However, it was not the allocution that stood out to me, but the judge’s comments during the pronouncement of the sentence, reflective of the defendant’s allocution. What struck me was one comment, “You sound very intelligent to me.” My heart sank when I heard that statement, because as a psychologist, a scientist, and an educator, I had failed. If there was one point I wanted to convey more than anything else in the world, it was that this young man’s intellect was remarkably impaired, and impaired as a result of his mother’s choices. I had the objective data to prove it. He was moderately well-spoken, he was polite, and he was appropriately groomed, but as he accurately pointed out, he only managed a GED because after several attempts, exam proctors likely helped him pass out of pity.

This discrepancy between verbal abilities and true comprehension is a hallmark feature of FASD described by Schacht and LaDue (2003).

Early identification and intervention are critical to reducing the risk that an individual with FAS will become a recidivate offender, and it is not as if the information is unavailable. Rather, there is a need to increase and maintain awareness of FASD. To this end, national organizations, such as the Substance Abuse and Mental Health Services Administration (SAMHSA) and National Organization on Fetal Alcohol Syndrome (NOFAS), provide a wealth of information. The primary challenge for those with FASD in the criminal justice system is the appropriate identification of FASD. Two issues contribute to this misdiagnosis. First, the neurological insults and resulting behaviors are highly variable. We know that alcohol use is problematic during gestation, it is just that it is unreliably problematic, which leads to the second issue. Not all individuals develop the

Early identification and intervention are critical to reducing the risk that an individual with FAS will become a recidivate offender.

2016 Case in Point · The Magazine of The National Judicial College · 16

physiological malformations that are the hallmark of FAS. Rather, they more often demonstrate a behavioral problem that is attributed to general cognitive impairment and/ or poor behavioral control. Thus, the behaviors that are observed are attributed to an issue of congenital inheritance, and often a criminal mentality that is more accurately the result of a poisoning of an organism at the most critical times (that of neuronal development). Thus, awareness and training must occur not just at all levels of the justice system, but also in our academic and social services settings where we can best serve the individual and society.

At the point that these individuals enter the criminal justice system, we need to be aware of several potential logistical and procedural issues (e.g., issues of competency, accuracy of aggravating statements at or before arrest, or underlying causes of behavior) as well as how the deficits of FASD can hinder attempts at justice and rehabilitation.

Schact and LaDue (2003) suggest a number of interventions that support their assertion that individuals with FASD need structure, consistency, brevity, variety, and persistence (p. 122).

Though I agree that probation and parole agents can be exceptional allies in the rehabilitation process, without proper training and information, they are not equipped to deal with the complex needs of an individual with FASD. Thus, their primary role with regards to FASD should be to modify their traditional means of supervision based on training for methods to improve the aforementioned needs. Additionally, they should be supported with appropriate community resources for intervention and monitoring of their compliance with prescribed treatment, such as group homes, case managers, vocational trainers, and the like. In this capacity they can further ensure that the individual has received the maximum benefit of treatment, and capitalize on their opportunity to appropriately engage in adaptive behaviors in the community that will reduce the likelihood of remaining

in the criminal justice system.

Within the criminal justice system, we need to do a better job of identifying and differentiating those individuals with FASD. As discussed, this requires ongoing training (for all professions involved) not only to help in this identification, but also how to best intervene when individuals with FASD are in the criminal justice system.

In fact Schacht and LaDue (2003), support incarceration, if necessary, as a means to impart the seriousness of the offense to the offender. However, they also describe the need of the court and its officers to act as advocates to ensure that these offenders with FASD receive appropriate intervention after sentencing. A failure to do so can perpetuate the individual’s continuance in the criminal justice system. Identification and differentiation are a great start, but must be supported by highly structured plans for intervention that are specific to these individuals and reflect the research literature. In other words, we cannot and should not treat them as we would every other individual with an intellectual or learning disability.

It is unlikely that we will see a dramatic paradigm shift in the way that we identify and treat individuals with FASD in the criminal justice system.

However, more deliberate consideration is needed regarding how to better serve the interest of justice as it relates to this group of individuals who are themselves victims, and who hold a potential, with the correct intervention, to live productive, integrated lives in the community.

Within the criminal justice system, we need to do a better job of identifying and differentiating those individuals with FASD.

17 ¡ The Magazine of The National Judicial College ¡ Case in Point 2016

WORKS CITED Schacht, R. M., LaDue, R. A., Tanner-Halverson, P., & Wilton, G. (2003). Fetal Alcohol Syndrome and Associated Disabilities. Institute for Human Development at, 928, 523-4791.

In 1968, Dr. Robert Butler, a Pulitzer Prize-winning expert on aging, coined the term “ageism.” He theorized that the underlying basis of ageism is “dread and fear of growing older, becoming ill and dependent, and approaching death.” In our youth-oriented society, “old age” is viewed as the deterioration of body and mind — something to be avoided. In particular, memory loss is often associated with aging. But are those “senior moments” indicative of a slow decline into dementia?

BRENDA K. UEKERT, Ph.D. is principal court research consultant at the National Center for State Courts, and has worked extensively in the areas of domestic violence, elder issues, and problem-solving courts.

This article explores the effects of aging on capacity and offers tips for judges who may be asked to sort out medical, legal, and personal realities as they play out in the courtroom.

Capacity is the cluster of mental skills, such as memory and logic, and behavioral and physical functioning, that people use in everyday life; capacity can fluctuate over time, situations and tasks.

The definition of capacity demonstrates the multidimensionality of the concept. Outside of neuropsychologists and geriatricians who specialize in the functioning of the brain, capacity is an elusive concept that, when combined with aspects of aging, results in widespread misperceptions.

In older people, diminishing capacity may be an indicator of dementia.

Dementia is defined as a disease process that causes loss of intellectual abilities and the inability to perform life’s usual activities. It can be challenging to diagnose: Dementia must include decline in memory and at least one of the following cognitive abilities: »» Ability to generate coherent speech or understand spoken or written language »» Ability to recognize or identify objects »» Ability to execute motor activities »» Ability to think abstractly, make judgments, and plan and carry out complex tasks

Furthermore, the decline in cognitive abilities must be severe enough to interfere with daily life.

While the potential for dementia increases with age, statistics indicate that fewer than half of those older than age 85 suffer from Alzheimer’s disease, which is the most common type of dementia. While the number of baby boomers who have some form of dementia is high (the National Institute on Aging estimates that about 5 million Americans may have Alzheimer’s), a recent article in the New England Journal of Medicine reports that the risk of developing Alzheimer’s disease has dropped 20 percent per decade since the late 1970s. It is important to remember that dementia is a disease process; it is not a common aspect of aging.

Issues for the Court Capacity issues can appear in every nook of the courthouse — from the aging judge on the bench, to experienced attorneys representing plaintiffs, to potential jurors, and of course, older petitioners, respondents, victims, and suspects.

2016 Case in Point · The Magazine of The National Judicial College · 18

THE

Aging Brain AND Capacity MISCONCEPTIONS AND ADVANCES 19 · The Magazine of The National Judicial College · Case in Point 2016

Probate matters, in particular adult guardianships and conservatorships, are the most obvious venue in which capacity issues and dementia come into play.

Following are three questions that judges must increasingly address.

HOW DO I ASSESS CAPACITY? In some courts, it is surprisingly easy to declare an individual “incapacitated.” Medical documentation may include a brief report signed by a general practitioner with supporting evidence provided by the petitioner. Yet the ramifications of being labeled “incapacitated” are enormous, often stripping an individual of basic rights, including the right to make health and financial decisions. Capacity assessment is a complicated and serious matter that should include the following components: »» A neuropsychologist is best suited to assess brain health and capacity issues. Yet neuropsychologists, and geriatricians for that matter, are not readily available in every community. A medical degree or Ph.D. is not an automatic qualifier; look for credentials and some level of expertise on issues of capacity and dementia. »» The individual must be tested for capacity. There are a number of validated tests, such as the Montreal Cognitive Assessment (MoCA), that are used to determine the degree of impairment, especially when subtle findings are present. »» Judges should understand the multidimensionality of capacity. Documentation should be included that demonstrates which parts of the brain are impacted.

For instance, a person can perform well in one area such as math, but score poorly in another aspect, such as reasoning. Detailed information is critical to gauging the level of protection required and the potential for restoration of capacity and rights. »» The information should be verified by reliable sources.

In guardianship cases especially, the petitioner may have an incentive to support a ruling of incapacity, which will give the guardian/conservator access to the protected person’s funds. Conflicts of interest and undue influence should be considered when reviewing evidence of capacity.

CAN DEMENTIA BE REVERSED AND CAPACITY RESTORED? Dementia is portrayed as a gradual descent into the loss of all the unique things that contribute to an individual’s personality. But there are a number of treatable conditions that mimic dementia. For example, a urinary tract infection in an older person does not have the typical symptoms

of fever and pain. Instead, the infection can present itself in terms of memory problems, confusion, delirium, and even hallucinations. Similar symptoms may be a result of a B-12 deficiency, thyroid disease, diabetes, depression, or even medication. Treatment of the underlying disorder will reverse the symptoms that may have been wrongly diagnosed as dementia.

From the bench, it will be critical to learn whether tests have been carried out to discount other causes of dementialike symptoms and to have expert opinion on whether the dementia can be reversed. Recently, the potential for restoration of capacity was addressed by the Texas legislature, which requires more frequent judicial hearings in cases where the medical prognosis suggests that capacity may be restored. For example, a stroke victim may return to a functioning level of capacity after time and therapy, thus making the need for a guardianship or conservatorship temporary.

CAN AN OLDER PERSON WITH LIMITED CAPACITY PROVIDE RELIABLE TESTIMONY? Judges have increasingly become aware of implicit bias and its role in decision-making. Ageism, and the underlying 2016 Case in Point · The Magazine of The National Judicial College · 20

The Future of Brain Research Inevitably, our individual and family histories lead us to ponder, “Is there anything I can do to prevent dementia?”

With a much-needed influx in government spending to address Alzheimer’s disease (the most common form of dementia) and an increased knowledge base, there is hope that an antidote or “magic pill” will become available to future generations. Genetics play a role in dementia, but recent evidence suggests that we can play an active role in our future health. Keeping our brains active is one arm of the battle against dementia. More recently, studies linking diets and lifestyles to Alzheimer’s are promising. Dementia is not inevitable.

The area of capacity and dementia is an exciting and growing field. The scientific information on this topic is growing exponentially. But as the field grows, so does our awareness that the topic is more complex than we originally thought. The courts, which will continue to play a critical role in determining legal capacity, will be challenged to keep abreast of the medical advances that affect the extent and duration of dementia.

Additional Resources

assumptions that memory erodes over time, may influence case outcomes. But what happens when the older victim of a crime has limited capacity? In 2011, Wiglesworth and Mosqueda published findings from their Department of Justice-funded study, People with Dementia as Witnesses to Emotional Events. The authors found that a significant subset of older adults with dementia, particularly those in an earlier stage of the disease, can reliably report emotional events in their lives. They conclude that “older adults with dementia who are victims of crime should be evaluated for their ability to remember emotional events in their lives, and based on the results, allowed to provide testimony about the criminal events.”

Cognition itself is a fluid concept that is influenced by place, time and circumstance. For example, older persons may experience “sundowning,” in which capacity is impaired during the latter parts of the day. Similarly, an individual may be more demonstrative under certain circumstances or in familiar surroundings. For this reason, the National Center for State Courts recommends that courts consider capacity issues when scheduling hearings that involve older persons.

21 · The Magazine of The National Judicial College · Case in Point 2016

The American Bar Association and the American Psychological Association published Judicial Determination of Capacity of Older Adults in Guardianship Proceedings: A Handbook for Judges (2006). The Handbook refers to six pillars of capacity: 1. medical condition producing functional disability; 2. cognitive functioning component; 3. everyday functioning component;

4. consistency of choices with values, preferences, and patterns; 5. risk of harm and level of supervision needed; and 6. means to enhance capacity.

In 2014, the National Center for State Courts’ Center for Elders and the Courts, in partnership with the Center of Excellence on Elder Abuse & Neglect at the University of California at Irvine School of Medicine, published a free online course, Justice Responses to Elder Abuse.1 The course is divided into four sections: Aging in America; Enhancing Elder Abuse Awareness; Special Issues and Tools for Courts; and Case Scenarios. The course includes a case study of capacity and discusses the necessary components of capacity assessments.

1.

For more information, visit NCSC’s Center for Elders and the Courts at www.eldersandcourts.org.

2016 Case in Point ¡ The Magazine of The National Judicial College ¡ 22

In the public’s view, the judge is the “ruler” of the courtroom, the omnipotent, fair, and reliable decision-maker. The judge is expected to actively listen, remain unemotional, and render judgments that are based on facts. What the public is not aware of is the tremendous pressure a judge faces every day. If not handled effectively these pressures might result in challenges and work-related stress that become overwhelming and could inhibit the judge’s performance.

As a solution, we offer “mindfulness,” a way to maintain focus, stay calm, and have objectivity in the midst of the pressures and challenges of the judiciary.

A Judge’s Work – The Good, the Bad, and the Ugly THE GOOD Judges have the chance to change people’s lives for the better, to resolve disputes of all kinds in a fair and just way, and to protect their communities. Being a judge is seen as an opportunity to engage in meaningful work and to make a difference.

In addition, judges are involved in a wide range of justice-related issues, providing a varied and interesting work environment. Such an environment is intellectually challenging and stimulating, resulting in continuous learning and development.

Being a judge, of course, brings with it the respect and admiration associated with the position. Judges are, after all, referred to as “The Honorable,” and addressed as “Your Honor.” Participants are instructed to stand when judges enter courtrooms. Judges are an integral part of the U.S. justice system, and they are in a position to make a difference.

THE BAD New judges often quickly realize their expectations about what it means to be a judge were unrealistic. While they thought they would be making mostly momentous decisions, some become discouraged because many of their cases involve routine or mundane matters. Further, some judges find they have difficulty in making decisions. It was one thing to advocate for a client’s position.

It is much more difficult to make the decision as to which litigant should win.

Decisiveness is a core competency for judges. Rendering judgments with confidence and the ability to move on to the next case without ruminating about and questioning previous decisions is essential. Fundamental and intertwined with decisiveness is the ability to actively listen, to make all parties feel heard, and to treat all parties with respect. A judge must be able to be impartial and objective and base decisions only on the law and evidence.

Although judges may develop some of these skills by practicing law before taking the bench, there are critical differences between advocating for clients and making ultimate decisions. In particular, trial lawyers, prosecutors, and public defenders advocate their clients’ views without needing to consider alternative views. Their focus is to persuade the judge or jury to adopt their views. In contrast, judges must be able to see and understand all perspectives presented and not allow biases or emotions to impact their decisions. This is difficult. Emotions are an integral part of being human but may result in biases in judgment. What 23 · The Magazine of The National Judicial College · Case in Point 2016

YVONNE STEDHAM, Ph.D. is a professor of management at the University of Nevada, Reno. She has been an NJC faculty member since 2004.

can judges do to ensure their emotions do not bias their judgment? One option is to become “emotionless”; better yet, judges could become aware of their emotions and thoughts and develop a way of looking at emotions as something useful.

THE UGLY Ignoring emotions can result in stress and subsequent maladaptive behaviors. Also, judges who are seen as emotionless robots are not likely to be respected or trusted.

Facing seemingly insurmountable challenges in the workplace has been shown to be related to stress.

In the presence of such challenges, humans tend to engage in a fight or flight response, based on one of the most primitive parts of our brains, the amygdala. The perception of a threat, physical or social, results in kneejerk defensive reactions that are not based on analysis and consideration. The reactions do not engage the pre-frontal cortex, the human and most advanced part of the brain.

Over time, this behavior results in physical and mental problems that inhibit effective job performance.

And the vicious cycle begins. Maintaining the poise, calm, objectivity, and impartiality required for decisiveness and effective judgment and decision-making becomes impossible. Performance decreases, the purpose for taking the judge position is not achieved, resulting in more stress, burnout or even depression.

Mindfulness The past decade has seen a surge in interest in mindfulness across a large range of industries. As peoples’ lives become faster–paced, more demanding, and driven by technology, the search for relief has intensified. Mindfulness can provide that relief.

WHAT IS MINDFULNESS? Mindfulness is moment-to-moment, non-judgmental awareness (Kabat-Zinn, 1991). Being mindful implies the ability to focus attention on what is going on in a given moment. Mindfulness is characterized by self-regulation of attention and emotions.

Rather than automatic, knee-jerk reactions, a mindful person is able to engage in deliberate responses by creating “mental space.” In that mental space between stimulus and response lays freedom, creativity, and humanity. When people are mindful, they are able to take a third person perspective of their thinking and emotions. This metacognition, “thinking about thinking,” allows people to “see” clearly and recognize possible biases. Mindfulness shifts the source of human behavior from the amygdala to the

pre-frontal cortex of the brain, the seat of decision-making, planning, and judgment.

BENEFITS OF MINDFULNESS Mindfulness is routinely part of treatments for cardiac issues, pain management, depression, anxiety, Post Traumatic Stress Disorder (PTSD), and others. It also is effective in reducing stress and increasing work-related skills such as problem-solving, leadership, and ethical judgment (Bohlmeijer et al., 2010; Croskerry and Engl, 2013; Good et al., 2016; Grossman et al., 2004; Ruedy and Schweitzer, 2010; Tacón et al. 2003).

Most recently, the results of numerous studies using fMRI technology showed a tangible effect of mindfulness meditation on the brain. Specifically, mindfulness was associated with greater widespread pre-frontal cortical activation and reduced bilateral amygdala activity (Creswell et al., 2007). Hölzel et al. (2010) found that mindfulness meditation is associated with changes in the brain’s regions involved in learning and memory process and emotional regulation, and perspective taking.

MINDFULNESS FOR JUDGES Mindfulness increases self- and social awareness and positively affects all the skills critical to the judicial role.

Being mindful enables judges to create a mental space which allows identification of their emotions and biases that may impact decisions. In addition, mindfulness interrupts the stress-reaction chain and increases the judge’s ability to skillfully address work-related challenges. It may also help tackle negative physical, emotional, or mental thoughts.

The most commonly used approach to develop mindfulness is meditation. The goal is to develop a mindfulness practice of daily meditation that lasts between 20 and 30 minutes. The meditations are exercises that build “brain muscle” — akin to exercising muscles in the gym for physical strength and stamina.

As part of its Leadership for Judges course, the NJC offers an introductory look at mindfulness and its role in leading projects.

In 2017, the NJC is offering a brand new three-day course called Mindfulness for Judges in Sedona, AZ. The faculty members have based the course on the nation’s most prominent program, the Mindfulness Based Stress Reduction Program (MBSR) developed

by Jon Kabat-Zinn at the University of Massachusetts. The NJC’s course is highly structured, and consists of meditation, yoga, self-reflection, group activities, and other learning opportunities that will leave judges feeling refreshed with new insights about living healthier and more sustainable lives. Judges will gain life-long tools for managing stress, tackling any negative selftalk, and improving relationships with colleagues and family alike. For more information, please visit www.judges.org.

2016 Case in Point · The Magazine of The National Judicial College · 24

Procedural Fairness A TREAT FOR THE BRAIN People are hard-wired for fairness, and the justice system is the social context they count on the most for providing it. The human sense of fairness is intriguing, partly because it goes so far beyond self-interest.

The reward regions of the human brain — those associated with pleasures such as the taste of chocolate — tend to be activated both when we’re treated fairly and when we see others being treated fairly.1 In addition, people react negatively not just to getting less than someone else, but also sometimes to getting more.2 Researchers from multiple disciplines are examining the complex nature of perceptions of fairness. Most recently, findings in social psychology have been augmented by research in neuroscience.

These investigations have confirmed that people care deeply about the processes by which decisions are made, even when the decisions are unfavorable to them. This “fair process effect” has been demonstrated with a wide range of methodologies across contexts and cultures.3 For instance, neuroimaging technology provided support for the idea that the human brain perceives procedural fairness (fair treatment) and distributive fairness (fair outcomes) as distinct constructs in a 2009 study using Functional Magnetic Resonance Imaging (fMRI), which measures brain activity based on the increase of blood flow to regions of the brain that are in use.4 Clearly judges should be concerned about fair outcomes in the court system.

However, because evaluations of the fairness of the justice system can be even more strongly influenced by the procedural fairness aspects — by people’s perceptions of how they were treated by legal authorities and how those legal 25 · The Magazine of The National Judicial College · Case in Point 2016

Prof. KELLY TAIT is an adjunct professor at the University of Nevada, Reno, a member of the NJC faculty and a justice system communication consultant.

The reward regions of the human brain — those associated with pleasures such as the taste of chocolate — tend to be activated both when we’re treated fairly and when we see others being treated fairly. authorities made their decisions—than by whether they “win” or “lose,” judges need to be equally concerned about those aspects.5 More than four decades of research into procedural fairness taught us about what leads to perceptions that a process is fair as well as the likely consequences of that judgement. Four procedural factors that consistently have an impact on court users are: 2.

Respect: being treated with dignity and respect; Understanding: understanding the process enough

3.

Voice: having an opportunity to be heard and

1.

4.

to participate meaningfully and understanding how decisions are made; considered;

Neutrality: having a trustworthy, impartial decisionmaker who is trying to be fair.6

Positive perceptions of procedural fairness have major consequences, significantly increasing litigants’ acceptance of case outcomes, voluntary compliance with court orders, and likelihood of engaging in future law-abiding behavior, as well as improving overall trust and confidence in the

justice system.7 One of the main ways judges can have critical impacts is through paying close attention to their communication behaviors and considering how they might be perceived by court participants.

Understanding the role of communication in affecting perceptions of procedural fairness has been expanded by research into how the human brain processes information.

People are highly sensitive to social information — to cues related to relationships, emotions, and power — and they are especially attuned to what they think is being communicated by someone in a position of authority. While all justice system professionals’ behaviors can have an impact on perceptions of fairness, the judge is seen as the highest level of authority within the system; court users are hypersensitive to the judge’s communication behaviors.

Communication behaviors can be grouped into two main categories. Verbal communication consists of the words, oral and written. Nonverbal communication includes all behaviors except the words: gestures, eye contact, facial expressions, tone of voice, vocal inflections, volume, pauses, body positioning, dress, or proximity. Recent neuroimaging research confirms that nonverbal cues exert a greater influence on our perceptions than verbal cues in emotion communication, and nonverbal cues exert an influence even when attention is focused on verbal cues.

While procedural fairness principles are important in all cases, they are especially relevant to cases involving self-represented litigants (SRLs). One reason for this is that the key components of procedural fairness align closely with some of the especially challenging aspects of selfrepresentation in a complex legal system, aspects that can make these cases challenging for judges as well.

Respect For SRLs, a lot is at stake in court, not only the reason for their appearances, but also their social identities. “Socialevaluative threat” is when a person is in a context in which the self could be judged negatively by others. This condition creates extra stress with physical and psychological consequences. Clearly court is one of those contexts, with SRLs in a position to be judged by someone with a high level of authority as well as by other citizens.

Authorities are often seen as representative of an entire group or society; perceptions of one’s relation to an authority are considered important indicators of one’s relation to the entire group. Respectful behaviors from judges carry extra weight.

In addition, people tend to “synchronize” with the authority figure’s attitudes and emotions, which are often 2016 Case in Point · The Magazine of The National Judicial College · 26

27 ¡ The Magazine of The National Judicial College ¡ Case in Point 2016

2017 Courses Unless noted, courses are held at the College, located on the University of Nevada, Reno campus.

TUITION / CONF. FEE

Effective Caseflow Management (JS 627) Austin, TX

Jan 30–Feb 2

$1,349 / $499

Judicial Philosophy and American Law Austin, TX

Jan 30–Feb 2

$1,349 / $499

Advanced Bench Skills: Procedural Fairness Miami, FL

Feb 2–3

$669 / $229

Essential Skills for Tribal Court Judges Niagara Falls, NY

Mar 6–9

$1,349 / $399

Logic and Opinion Writing (JS 621) Washington, DC

Mar 27–30

$1,395 / $499

When Justice Fails (JS 644) Washington, DC

Mar 27–30

$1,395 / $499

Court Management for Tribal Judges and Personnel (JM 690)

Apr 3–6

$1,079 / $289

Best Practices in Handling Cases with Self-Represented Litigants

Apr 3–6

$1,079 / $289

Co‐Occurring Mental and Substance Abuse Disorders

Apr 3–6

$1,079 / $289

Managing Cases Involving Commercial Drivers Licenses

Apr 18–21

call for eligibility

General Jurisdiction (JS 610)

Apr 24–May 4

$1,699 / $569

Enhancing Judicial Bench Skills (JS 610) Napa, CA

Apr 24–27

$1,349 / $499

Judicial Writing (JS 615)

Apr 24–27

$1,079 / $289

Practical Approaches to Family Issues in Tribal Courts

May 1–4

$1,079 / $289

Impaired Driving Case Essentials

May 8–11

$1,079 / $289

Civil Mediation

May 8–12

$1,289 / $359

Drugs in America Today: What Every Judge Needs to Know Atlanta, GA

May 17–19

$999 / $339

Handling Capital Cases (JS 623) Nashville, TN

May 22–25

$1,349 / $499

Conducting the Trial (JS 632) Seattle, WA

Jun 5–8

$1,349 / $399

Special Court Jurisdiction

Jun 5–15

$1,699 / $569

Special Court Jurisdiction: Advanced (JS 611)

Jun 5–15

$1,699 / $569

Leadership for Judges

Jun 12–15

$1,079 / $289

Fourth Amendment: Comprehensive Search & Seizure (JS 645) Santa Fe, NM

Jun 19–22

$1,395 / $399

Advanced Tribal Court Management Anaheim, CA

Jun 19–22

$1,349 / $399

Evidence in a Courtroom Setting (JS 633) New Orleans, LA

Jun 26–29

$1,395 / $499

Advanced Evidence (JS 617)

Jul 10–13

$1,079 / $289

Writing for Tribal Judges

Jul 17–19

$799 / $219

Administrative Law: Advanced (JS 649) Chicago, IL

Jul 24–27

$1,395 / $499

E D U C AT I O N

|

I N N OVAT I O N

|

Case in Point · The Magazine of The National Judicial College · 28 A D V2016 AN CING JUSTICE

Judicial College Building/MS 358 · Reno, NV 89557 · 800-25-JUDGE (800-255-8343) · www.judges.org

TUITION / CONF. FEE

SCHEDULE SUBJECT TO CHANGE. Please visit www.judges.org for the latest information.

Decision Making (JS 618) Big Sky, MT

Aug 7–10

$1,349/$399

Judicial Writing (JS 615)

Aug 14–17

$1,079/$289

Administrative Law: Fair Hearing (JS 612)

Aug 14–24

$1,699/$569

Judging in the Digital Age: Conquering Discovery and Admission of ESI NEW

Aug 15–17

$799/$219

ICRA: Protecting Rights in Tribal Court

Aug 21–23

$799/$219

Leadership for Judges

Aug 21–24

$1079/$289

Best Practices in Handling Cases with Self-Represented Litigants Bar Harbor, ME

Sep 25–28

$1,395/$399

Tribal Court Management of Alcohol and Drug Cases

Oct 2–5

$1,079/$289

Civil Mediation

Oct 2–6

$1,289/$359

Management Skills for Presiding Judges

Oct 9–13

$1,289/$359

General Jurisdiction (JS 610)

Oct 9–19

$1,699/$569

Designing and Presenting Programs Effectively: A Faculty Development Workshop

Oct 16–19

$1,079/$289

Behind the Wheel: Today’s Traffic Offender

Oct 23–26

$1,079/$289

Ethics, Fairness and Security in Your Court and Community

Oct 23–26

$1,079/$289

Advanced Tribal Bench Skills: Competence, Confidence and Control

Oct 23–26

$1,079/$289

Advanced Evidence (JS 617) Charleston, SC

Oct 30–Nov 2

$1,395/$399

Mindfulness for Judges Sedona, AZ NEW

Nov 6–9

$1,349/$399

Select Criminal Evidence Issues

Feb 20–Apr 7

$629

Evidence Challenges for Administrative Law Judges

Mar 13–Apr 28

$629

Handling Small Claims Cases Effectively

Apr 10–May 26

$629

Fundamentals of Evidence

Apr 24–Jun 9

$629

Ethics and Judging: Reaching Higher Ground

May 15–Jun 30

$629

Special Consideration for the Rural Court Judge

Sep 11–Oct 27

$629

Evidence Challenges for Administrative Law Judges

Sep 18–Nov 3

$629

Ethics for the Administrative Law Judge

Oct 2–Nov 17

$629

Properly and Effectively Adjudicating Drugged Drivers NEW

Oct 30–Dec 8

FREE

Web Courses

Learn more at www.judges.org or call (800) 255-8343 The National Judicial Colllege is an Equal Opportunity/Affirmative Action, ADA organization, and admits participants of any age, race, color, religion, gender identity, sexual orientation, and national or ethnic origin.

E D U C AT I O N

|

I N N OVAT I O N

29 · The Magazine of The National Judicial College · Case in Point 2016

|

A DVA N C I N G J U ST I C E

Judicial College Building/MS 358 · Reno, NV 89557 · 800-25-JUDGE (800-255-8343) · www.judges.org

communicated through nonverbal paths such as tone of voice, length of pause, or amount of eye contact. So if the judge is purposefully and consistently respectful, this increases the chances that the SRL will follow suit.

Understanding Issues in understanding can relate to distributive fairness and procedural fairness. The challenges come from an SRL having a grasp of what is happening and what is required and being able to access and apply that information in the intimidating, cognitively demanding environment of the courtroom. SRLs often have heightened emotions including anxiety, stemming from both the events that led them to be in court as well as from the actual experience of representing themselves. Anxiety impacts cognitive performance, impairing the efficiency of the central component of the working memory system.

Taking this into account and enhancing SRLs’ understanding of processes, terms, expectations, and decisions can have positive impacts in several ways.

Providing relevant information increases perceived fairness.

Knowing what’s happening, even if a court participant has limited or no control over it, gives a perception of control, which reduces stress. And of course, increasing SRLs’

understanding makes it more likely that they will be able to participate in a meaningful way. This is good for everyone involved, judges included.

Voice There is an overwhelming body of evidence supporting the positive consequences of providing a voice to people in the justice system. People want an opportunity to tell their stories to well-intentioned authority figures.

It seems logical that providing an opportunity for voice would be seen as fair because of the chance it offers the participant to influence outcomes (“instrumental participation”). However, research has shown that while pre-decision voice with the potential to influence outcomes is preferable and leads to the greatest increases in procedural fairness, there still is some increase in perceived fairness even when participants know that their input will not have any impact on the decision. This powerful effect of a symbolic voice has led to some concern that “process voice” (non-instrumental participation) could be manipulated just to get an appearance of justice.

Because SRLs are often unsure when to speak and what is relevant, protecting their instrumental voice is of particular concern. Building in ways for SRLs to

Directed by an International Executive Board and Advisory Council.

Sponsors international and regional conferences.

Recent conferences include: Dublin, Ireland Istanbul, Turkey Trinidad and Tobago Jakarta / Bogar, Indonesia Peace Palace, The Hague Buenos Aires, Argentina Dubai, UAE Sydney, Australia

www.iaca.ws Members include judges, administrators, academics and others from around the world.

2016 Case in Point · The Magazine of The National Judicial College · 30

Anxiety impacts cognitive performance, impairing the efficiency of the central component of the working memory system.

constructively participate (and being sure to clearly explain them) can help ensure that judges hear the information they need to make the best decision possible and that SRLs feel they’ve been heard by a trustworthy decision-maker.

Neutrality A major aspect contributing to evaluations of procedural fairness is whether people think legal authorities are using their power appropriately. The behaviors of judges can have both a direct and a symbolic significance. Impartiality is one of the hallmarks of the judge’s role, but justice has to be seen to be done.

This requires the judge to consider not only what it takes to make a fair, impartial decision, but also what communication behaviors will convey that impartiality to SRLs and other court participants. Some of those behaviors might include acknowledging the parameters of, or constraints on, decisions and explaining decisions, making it clear that arguments from both sides were considered.

Obviously the four major components of procedural fairness are interrelated in many ways. For instance, the suggestions above will not only make it clear the judge is impartial but will also add to the SRL’s understanding.

Demonstrating that arguments from both sides were heard and considered also connects to the component of voice.

Being transparent about how decisions were made is also respectful. Each of these components can build on and support the others.

Drawing on the multidisciplinary research into fairness, it is clear that the choices judges make, big and small, can have profound implications for individuals and for our justice system as a whole. Emphasis needs to be on both fair outcomes and fair procedures; to make connections in the brain, justice needs to be perceived to be fully achieved.

1.

2.

3.

4.

Tabibnia, Golnaz and Lieberman, Matthew D., Fairness and Cooperation Are Rewarding. Annals of the New York Academy of Sciences, 1118: 90–101 (2007).

http://www.scn.ucla.edu/pdf/Tabibnia%20(2007).pdf.

Brosnan, Sarah F., and de Waal, Frans B. M. Evolution of Responses to (Un) Fairness. Science 17: Vol. 346, Issue 6207, (Oct. 2014) http://science.sciencemag.

org/content/346/6207/1251776.

MacCoun, Robert J. Voice, Control, and Belonging: The Double-Edged Sword of Procedural Fairness. Annual Review of Law and Social Science, 1:171–20 (2005). http://conium.org/~maccoun/MacCoun_ ARLSS2005.pdf.

Dulebohn, James H, et al. The Biological Bases of Unfairness: Neuroimaging Evidence for the Distinctiveness of Procedural and Distributive Justice.

Organizational Behavior and Human Decision Processes; Vol.110(2), 140-151 (2009).

7.

See, for example, Gottfredson, Denise C. et al. How Drug Treatment Courts Work: An Analysis of Mediators.” Journal of Research in Crime and Delinquency 4: 3: 3-35 (2007)., E.A. et al. Procedural Context and Culture: Variation in the Antecedents of Procedural Justice Judgments. J. Pers. Soc. Psychol.

73:767–80 (1997); and Tyler, Tom R. Procedural justice and the courts. Court Review, 44 (1/2), 27-31 (2007).

8.

See, for example, Kahneman, Daniel. Thinking Fast and Slow. Farrar, Straus and Giroux, New York, NY (2011).

9.

Goleman, Daniel. Social Intelligence: The New Science of Human Relationships.

Bantam Books, New York, NY (2006).

10. Jacob, Heike et al. Neural Correlates of an Attentional Bias Toward Nonverbal Emotional Cues. Cerebral Cortex June 2014; 24:1460–1473 (2014). https:// cercor.oxfordjournals.org/content/24/6/1460.full.pdf.

11. Bishop, S. J. et al. Prefrontal Cortical Function and Anxiety: Controlling Attention to Threat-Related Stimuli. Nature Neuroscience, 7, 184-188.

12. Lind E. Allen et al. Procedural Context and Culture: Variation in the Antecedents of Procedural Justice Judgments. J. Pers. Soc. Psychol. 73:767–80 (1997).

13. Goleman, Daniel. Social Intelligence: The New Science of Human Relationships.

Bantam Books, New York, NY (2006).

14. Derakshan, N., and Eysenck, M. W.. Anxiety, Processing Efficiency, and Cognitive Performance: New Developments from Attentional Control Theory. European Psychologist; Vol. 14(2):168–176 (2009). http://econtent.hogrefe.com/doi/ abs/10.1027/1016-9040.14.2.168.

15. Lind E. Allen et al. Procedural Context and Culture: Variation in the Antecedents of Procedural Justice Judgments. J. Pers. Soc. Psychol. 73:767–80 (1997).

16. See, for instance, Weinstein, S.E. Sense of Control Eases Physical Toll of Stressful Situation. Psychophysiology, 2002 http://news.bio-medicine.

org/medicine-news-2/Sense-of-control-eases-physical-toll-of-stressfulsituation-7200-1/.

5.

See, for instance, Tyler, T.R. (2001). Public Trust and Confidence in Legal Authorities: What Do Majority and Minority Group Members Want for the Law and Legal Institutions? 19 BEHAV. SCI. & L. 215. http://onlinelibrary.wiley.com/ doi/10.1002/bsl.438/pdf ; and Leben, Steve (2011). Considering ProceduralFairness Concepts in the Courts of Utah. Procedural Fairness for Judges and Courts website.

17. MacCoun, Robert J. Voice, Control, and Belonging: The Double-Edged Sword of Procedural Fairness. Annual Review of Law and Social Science, 1:171–20 (2005); and Platow, M.J. et al. Social Identification Predicts Desires and Expectations for Voice. 28 SOC. JUST. RES. 526 (2015). http://link.springer.

6.

See, for example, Thibaut, J. & Walker, L. Procedural Justice: A Psychological Analysis. Lawrence Erlbaum Associates, Hillsdale, NJ (1975); and Tyler, Tom R. Why People Obey the Law. Princeton University Press, Princeton, NJ (2006).

18. Lind, E.Allen, Kanfer, R., & Earley, P.C. Voice, Control, and Procedural Justice: Instrumental and Noninstrumental Concerns in Fairness Judgments. Journal of Personality and Social Psychology, 10/1990; 59(5):952-959 (1990).

31 · The Magazine of The National Judicial College · Case in Point 2016

com/article/10.1007/s11211-015-0254-6.

Brain Index 100 Billion

25

Number of neurons in the brain. A stack of 100 billion pieces of paper would be about 5,000 miles high, the distance from San Francisco to London.

775%

Energy in watts consumed by the brain, sufficient to illuminate a light bulb.

Number of digits our working memory, a very short-term form of memory which stores ideas just long enough for us to understand them, can hold at one time.

Portion of total brain mass consisting of water.

1,000,000,000,000,000 During the first month of life, the number of connections or synapses, dramatically increases from 50 trillion to one quadrillion. If an infant's body grew at a comparable rate, his weight would increase from 8.5 pounds at birth to 170 pounds at one month old.

2016 Case in Point ¡ The Magazine of The National Judicial College ¡ 32

A Scholarship Package Geared for New Judges

$2,000 FOR THAT FIRST NJC COURSE! Be a mentor to new judges by letting them know of this opportunity to take their first three- or four-day National Judicial College course tuition-free.

Most new judicial branch judges qualify for a State Justice Institute (SJI) educational grant to cover the cost of tuition up to $1,000. The NJC will match that grant by providing up to $1,000 for tuition, travel or lodging.

This $2,000 scholarship package will typically cover most costs of attending such courses as Logic and Opinion Writing, Decision Making and Fundamentals of Evidence at the NJC on the beautiful University of Nevada, Reno campus. The $2,000 package may also be applied to the cost of the two-week General Jurisdiction course for a substantial discount. General Jurisdiction is a must for new judges as it covers several invaluable and relevant topics they will immediately encounter in their first year on the bench.

For SJI funding information, go to www.sji.gov.

For NJC funding information, please contact Scholarship Coordinator Rebecca Bluemer at

To qualify, judges must apply to the SJI for a grant and enroll in an NJC course within the first 90 days of becoming a judge. Applicants must complete the course within the first 12 months of their tenure as a judge.

bluemer@judges.org or (775) 327-8269.

For the latest NJC course information, see the 2017 course schedule in this magazine or go to www.judges.org/

33 ¡ The Magazine of The register National as Judicial College ¡ Case in Point 2016 Qualifying judges should early as possible.

This offer is limited to two judges from each state per NJC course with a maximum of ten judges per course receiving this offer.

courses.

NTJC News

News

Sharing a Vision of Peace

Jason Sterling, Fox Valley Technical College

Dave Raasch, standing, leads a peacemaking gathering - designed to provide tools for community problem-solving - at the Alaska Native Heritage Center in 2010.

T

he National Tribal Judicial Center has long been involved with fostering the growth of peacemaking as a viable and

inexpensive traditional and customary justice practice as well

as a vital component of an existing court forum in Indian Country.

Peacemaking is a way to heal all sides of a dispute, bringing harmony and balance back to relationships and communities. Justice Barbara Smith freely shared her knowledge of this original dispute resolution approach and her deep passion for peacemaking at every turn. I recall the light that would come to her eyes as she encouraged people to find out about their own peacemaking traditions and to think about incorporating these traditions into their existing justice systems

“Healing brings a quiet and the quiet brings the peace.”

— Justice Barbara Smith Chickasaw

2016 Case in Point · The Magazine of The National Judicial College · 34

because there is nothing better than peace to heal a heart, a community or a nation.

Our ability to offer this form of dispute resolution to our people is a blessing of our distinctive justice systems in Indian Country. We have the capacity to make our courts places that promote healing over retributive justice, trading adversarial hearings and trials for opportunities to listen, to be heard and to contemplate positive change and restoration of relationships. Justice Smith advocated that we make meaningful change in our tribal court systems, seeking out

those old ways that resonate and restore. The NTJC has a cadre of dedicated faculty to advance teaching in the area of peacemaking. Peacemaking became an integral part of the journey of Justice Smith; I know it changed the way she looked at every situation and challenge in her life and law practice. She wanted us all to join her on the path to “find[ing] the healing possibilities of a judicial process.” I urge you to continue the journey to peace.

- Christine Folsom, J.D., LL.M., Director The National Tribal Judicial Center

The NJC Remembers Renowned Peacemaking Expert Barbara Anne Smith Justice Barbara Anne Smith, a member of the Chickasaw Nation and a member of The National Tribal Judicial Center Advisory Council, died on November 10, 2015. Justice Smith was a peacemaking expert throughout the United States, and a respected alumna and faculty member of The National Judicial College.

She was a supreme court justice for the Chickasaw Nation in Ada, Oklahoma since October 2003. She served as the chief justice in 2003, 2006, 2009, and again in 2012.

Previously, she served as a Chickasaw Nation district judge and a special judge for the Cheyenne and Arapaho Tribal Courts. During her time on the court, she created the Peacemaking Program for the Chickasaw Nation.

She traveled throughout the U.S. to gain knowledge of other tribal peacemaking traditions in order to develop the program. Justice Smith was a facilitator for the Native American Rights Fund Chautauqua Peacemaking Project and was on the advisory council for their current projects.

Justice Smith became an adjunct professor at the University of Oklahoma College of Law, teaching Peacemaking and Tribal Sovereignty. She traveled to several universities and other institutions throughout the U.S. to give presentations on peacemaking. She had a law practice in Norman, Oklahoma with her brother, Michael Colbert Smith, Smith & Smith Attorneys at Law.

35 · The Magazine of The National Judicial College · Case in Point 2016

Justice Smith was a peacemaking expert throughout the United States, and a respected alumna and faculty member of The National Judicial College.

NTJC News Q&A With a Tribal Center Donor

Hon. Olin W. Shinholser Judge Shinholser has served on the

relations between the state, federal

circuit bench of the 10th Circuit,

and tribal courts. I have handled other

Sebring, Florida, since 2002. He

cases throughout the years wherein

is an alumnus of The National

there was a clash between the state

Judicial College and served as a

courts and tribal courts. Judicial

group facilitator for the General

education and collaboration in this

Jurisdiction course in 2006. In 2008,

area can help to reduce or mitigate

he was invited to serve as one of ten

these clashes.

group facilitators for the Walking on Common Ground II: Continuing

Q: What did you get out of this

Pathways to Equal Justice Gathering

experience?

hosted by the National Tribal Judicial Center. Judge Shinholser, along with

A: The scope of the issues that exist

NTJC Advisory Council member

are much broader than one might

Judge Charles Cloud, acting as official

realize. Hearing the group members

scribe, facilitated the discussion for

and their stories reinforces the need

the participants from the eastern

for meetings of this nature. The event

United States.

was successful in opening the eyes of the participants, especially those of

The Walking on Common Ground

us in the state and federal systems.

Gathering of December 2008 followed the tradition of three

Q. Why do you support the NJC Tribal

previous Gatherings held in 2005,

Center today?

bringing together tribal, state, and federal justice communities to

A: I believe tribal judicial education is

continue a dialogue that began 38

important. Tribal courts should not be

years ago. The heartbeat of this

treated as inferior courts. Educating

Gathering was the commitment to

and training tribal judges improves

improve cooperation, collaboration,

their ability to function well and

and communication between the

increases their credibility among the

three sovereigns to bring positive

judiciary in general.

change and necessary services to their communities. The Tribal

The National Tribal Judicial Center

Center subsequently held six more

would like to thank Judge Shinholser

regional Walking on Common Ground

for his continuing commitment to

Gatherings. Judge Shinholser has

providing judicial education to his peers

been an annual Tribal Center Donor

in Indian Country. We are honored

since being involved with this event.

to have the support of generous individuals around the country and we

Q: Why did you participate in Walking

are privileged to be able to serve tribal

on Common Ground?

judiciaries with superior educational

“I believe tribal judicial education is important.

Tribal courts should not be treated as inferior courts. Educating and training tribal judges improves their ability to function well and increases their credibility among the judiciary in general.”

courses and technical assistance.

A: Early in my career in Florida, I recognized the need to facilitate 2016 Case in Point · The Magazine of The National Judicial College · 36

Case Summary

Dollar General in the U.S. Supreme Court Ramón Acosta, Esq. NTJC Program Attorney

The case of Dollar General v.

Mississippi Band of Choctaw Indians (MBCI) will have a substantial impact in Indian Country and is one of the most significant Indian law cases to go before the Supreme Court in recent memory.

The Mississippi Choctaw Nation has

Dollar General. The tribal member

The Mississippi Choctaw Nation

a long-standing multi-level legal

sued Dollar General for compensatory

has long been held as an exemplar

institution with a robust legal code

and punitive damages. Dollar General

in this process described as nation

and experienced administrative and

fought back, arguing that the tribal

building. Other Indian communities

judicial officers.

court does not have authority to hear

continue in the substantive work of

the case because the tribal court does

establishing and maintaining robust

not have jurisdiction.

tribal economic development.

All lower courts have ruled in favor

To be sure, non-tribal business

of tribal jurisdiction.

partners are critical to success,

Certain businesses were allowed to operate on the Mississippi Choctaw reservation.

Dollar General is an established

but such potential partners should

corporation and in 2000, the

The Mississippi Choctaw Court at

understand that when they operate

company moved onto the Pearl

Pearl River, the Mississippi Choctaw

(and profit) on Indian land, they will be

River Reservation and set up shop,

Supreme Court, the United States

subject to modern Indian law and as

consenting to tribal jurisdiction. Dollar

District Court for the Southern

with the Mississippi Choctaw Nation,

General is familiar with the laws

District of Mississippi, and the United

such law reflects an institutional

of the Mississippi Choctaw Nation,

States Court of Appeals for the Fifth

commitment to experience,

its government structure, and the

Circuit have determined the tribe

sophistication and fundamental

structure of the agreement to do

may assert jurisdiction over Dollar

fairness.

business on the reservation. Given

General. Their rulings were based on

the opportunity for a steady profit

a nexus test and on a relationship test.

margin, Dollar General opened its

Editor’s note: On June 23, 2016, in a simple one sentence order, the United

doors, seemingly a win-win situation.

Dollar General warns that should

States Supreme Court voted 4 to 4,

Dollar General even participated in

the Supreme Court affirm the lower

affirming the Fifth Circuit Court of

the Tribal Youth Opportunity Program

courts’ decisions, businesses will

Appeals decision in the Dollar General

demonstrating their understanding of

be reluctant to enter into future

case. This is a significant victory for

the importance of partnering with the

agreements with Indian communities.

the Plaintiff and the Plaintiff’s family

community toward a vital and vibrant

However, the lower courts’ decisions

and the Mississippi Band of Choctaw

tribal economy.

reflect an insight and understanding

Indians. The case is headed back to

of the importance of Indian

tribal court for a hearing on the merits

In July of 2003, a tribal member was

communities continuing to engage in

of the claim.

allegedly harmed by an employee of

meaningful economic development.

37 · The Magazine of The National Judicial College · Case in Point 2016

A

U

D

I

O

V

I

S

U

A

L

T

E

C

H

N

O

L

O

G

ExhibitOne

R

AUDIOVISUAL TECHNOLOGIES

I

E

S

News

Judicial Studies Program Director Retires After 48 Years of Service After serving as faculty at the

At the university, Richardson also

University of Nevada, Reno for 48

was a professor of Sociology and

years, Professor James T. Richardson

director of the Grant Sawyer Center

will retire from his position as the

for Justice Studies. Richardson

Judicial Studies director at the end

is the co-author and editor of 10

of the current academic year. During

books. He specializes in the sociology

his tenure, Richardson mentored and

of law, the sociology of religion,

advised hundreds of judges, positively

social psychology of law and social

affecting the judiciary throughout

movements.

the country for decades. Under Richardson’s leadership, 145 Master’s

Dr. Shawn Marsh will replace

degrees and 14 Ph.D.’s were earned.

Professor Richardson.

The judicial studies degree provides

“I am delighted that Shawn will

a formal academic setting in which

become the new director,” Richardson

trial judges or juvenile and family

said. “He has a wealth of experience

court judges can integrate technical

working with

studies of the judiciary with more

judges and has

academic ones in an effort to provide

the background

an intellectual assessment of the

and training

role of the American judiciary. The

needed to

program is a collaboration among

continue the

2016

the University of Nevada, Reno, The

success of the

National Judicial College, and the

Judicial Studies

June 20-30

National Council of Juvenile and

and Justice

July 11-21 JS 710 – History and Theory of Jurisprudence I

Family Court Judges.

Management

July 11-21

graduate degree “The Judicial Studies Program under

programs.”

Jim’s direction led to a substantial

2016-17 University of Nevada Judicial Studies Course Offerings

July 25-Aug 4

JS 725 – Medical and Legal Issues JS 730 – Law and Economics

2017 Jan 4-14 JS 750 – Criminology: Causation, Enforcement, Responsibility

change in Tennessee’s domestic

Marsh comes to

relation law,” said Hon. Don Ash,

the university

a Judicial Studies graduate and

from the

NJC faculty member. “Thousands

National Council

of Tennessee families have been

of Family and Juvenile Court Judges

impacted in a positive way because

(NCJFCJ) where he is currently

this leader agreed to be one of

chief program officer of juvenile

my advisors for my thesis which

law programs. He has significant

proposed this change. Jim helped me,

experience in judicial training, judicial

as he did many other judges, become

program assessment, and teaching in

a better public servant.”

social psychology and law.

39 · The Magazine of The National Judicial College · Case in Point 2016

JS 720 – Comparative Law

Please help us honor Jim Richardson’s service by contributing to the Dr. James Richardson Scholarship Endowment.

Proceeds will fund judges who take NJC courses leading to an MA or Ph.D. at UNR. Go to www.judges.org/giving and type “Richardson” in the comments section, or use the envelope attached to this magazine.

Write “Richardson” inside the envelope.

NJC News The College Designates Ron Hofer as an NJC Distinguished Professor In 2016, The National Judicial College bestowed a new honor for the first time, making Professor Ron Hofer an “NJC Distinguished Professor.”

Ron has been teaching for the College for 23 years, scores top evaluation marks consistently, has received the Payant Award for Faculty Excellence from the Faculty Council, and is demanded highly around the country for his engaging presentation style, humor, and the way he helps judges write better opinions. In 2016, Ron will teach his 170th course for the NJC. Ron has agreed to teach exclusively for the NJC and let the College serve as his agent for the teaching requests that come in from around the country. This generous gift allows the NJC to establish a relationship with the requesting education provider, increases the NJC’s enrollment numbers for the year, and increases the NJC’s contact Wisconsin Law Journal

database with potential customers.

Ron has shown great loyalty and affection to the NJC over the years.

He publicly credits the College for the reach that has given him

animals! Ron donates these stuffed

recognition across the country

animals to a children’s cancer

(and internationally). In memory of

charity back home in Wisconsin.

his father, he created a sculpture of the scales of justice, which has

Ron is an excellent representative

a place of distinction in front of

for the NJC, as he brings a collegial

the NJC’s building. Ron is also the

and fun atmosphere to the very

only NJC faculty member who

serious task of helping judges

has been asked to leave a Reno

improve their opinion writing.

casino for excessive winnings. The winnings were Circus Circus stuffed

— Joy Lyngar

If you are interested in having Distinguished Professor Hofer present at your upcoming judicial conference or CLE, please contact William Brunson at brunson@judges.org or (775) 327-8211. He’ll be happy to answer any questions you might have about our custom-built courses.

2016 Case in Point · The Magazine of The National Judicial College · 40

Advancement of Justice Award Presented to Former Texas Supreme Court Chief Justice Wallace Jefferson The National Judicial College honored former Texas Supreme Court Chief Justice Wallace Jefferson for his commitment to the advancement of justice at a special event in Austin on March 3, 2016.

The Advancement of Justice Award is given to those who have demonstrated dedication to improving skills of the judiciary.

Current Texas Supreme Court Chief Justice Nathan Hecht assisted NJC President Chad Schmucker and NJC Board of Trustees Chair Matt

Justice Jan Patterson (Ret.), Chief Justice Nathan Hecht

Chief Justice Wallace Jefferson (Ret.)

Sweeney with presenting the awards.

Jefferson is a partner at Alexander Dubose Jefferson & Townsend. Prior to joining the firm, he was the 26th chief justice of the Supreme Court of Texas. Appointed to the supreme court in 2001 and named chief justice in 2004, Jefferson made Texas Judicial history as the court’s first African-American justice and chief justice.

Winstead PC was host and the key

Chad Schmucker, David Johnson, Wallace Jefferson, Nathan Hecht, Matt Sweeney

sponsor of the event. Other sponsors included Whitehurst, Harkness, Brees, Chang, Alsaffar & Higginbotham PLLC and Baker, Donelson, Bearman, Caldwell & Berkowitz, PC and Craddock and Noelke PLLC. The event also included a presentation on judicial security by NJC faculty member and retired U.S. Marshal, John Muffler.

Chad Schmucker, Pete Winstead 41 · The Magazine of The National Judicial College · Case in Point 2016

Wm. T. (Bill) Robinson III

NJC News The NJC Honors Two Prominent Chicagoans with Advancement of Justice Awards The National Judicial College paid tribute to two prominent Chicagoans by honoring them with the NJC Advancement of Justice Award at the National Judicial Institute and Conclave in Chicago in October 2015.

The Honorable Sophia H. Hall, presiding judge of the Resource Section of Juvenile Justice and Child Protection Department for the Circuit Court of Cook County, Illinois and Michael A. Pope, Esq., partner at McDermott Will & Emery LLP, were celebrated for their professional

Hon. Sophia Hall. Mike Pope

Anton Valukas

and philanthropic dedication to the advancement of justice. Both are previous chairs of the NJC Board of Trustees.

The awards were given during a reception at the National Judicial Institute and Conclave, a gathering at the American Bar Association headquarters where more than 100 judges discussed emerging issues.

Cook County Circuit Chief Judge Timothy C. Evans assisted NJC President Chad Schmucker with presenting the awards.

Matt Sweeney, Mike Pope, Hon. Sophia Hall, Chad Schmucker, Chief Judge Tim Evans

Sponsors included: Jenner and Block LLP, Schiller, DuCanto and Fleck, McDermott, Will and Emery, LLP and Winston and Strawn, LLP.

Hon. Thaddeus Wilkins, Hon. Denis Guest 2016 Case in Point ¡ The Magazine of The National Judicial College ¡ 42

Raggio Endowment Helps Fund Curriculum Development, Scholarships to Nevada Judges Thanks to a cadre of supporters and friends of the late Senator William J. Raggio, the endowment fund created in his name by his wife Dale Raggio in 2015 has reached $202,000.

The fund honors Senator Raggio’s leadership in bringing the NJC from Colorado to Reno in 1964, and highlights the part he played in securing financial support from the state for the NJC during his long tenure in the Senate.

Senator Raggio passed away in 2012.

A reception to celebrate the creation of the endowment was held in

Dema Guinn, Dale Raggio, Marybel Batjer, Patty Cafferata

October 2015, and more than 70 of Raggio’s former colleagues and friends attended. Twenty-seven donors contributed $101,000 and that amount was matched by the NJC with funds from a previously undesignated endowment held at the College.

Interest from the endowment will be used for curriculum development and to provide scholarships for Nevada judges to attend NJC courses in state.

Tony Sanchez III

Those who wish to honor Raggio’s legacy at the NJC can do so by contributing to the Senator William J. Raggio Endowment online at www.judges.org/donate or by contacting Jeanne Hill at (775) 327-8257 or hill@judges.org.

43 · The Magazine of The National Judicial College · Case in Point 2016

Greg Ferraro, Dale Raggio, John Echeverria, Chad Schmucker

NJC News www.judges.org/news

Nevada Court of Appeals Holds Oral Arguments at the NJC

In Memory

The Nevada Court of Appeals held oral arguments at the NJC on October 21, 2015 in the model courtroom. This was the first time the court of appeals convened at the College.

All three members of the court of appeals, Chief Judge Michael Gibbons, and Judges Jerome Tao and Abbi Silver, are alumni of the NJC. The judges heard two cases, City of Reno v. Bedian and Goodwin v. Jones. After the cases, they then opened the floor up to questions from student attendees. Next up: The Nevada Supreme Court, which for the second time in its history has agreed to hold hearings in the NJC’s model courtroom. That visit is scheduled for September 2016.

The NJC Partners with Boyd School of Law to Bring Kids’ Court School to Northern Nevada The NJC began a partnership in early 2016 with the University of Nevada, Las Vegas, William S. Boyd School of Law to bring Kids’ Court School to Northern Nevada. The program, established by Boyd School of Law, teaches children strategies to reduce anxiety that is typically associated with participation in the judicial process. The program is designed for children ages 4-17 who are participating in impending legal proceedings.

Sessions are held in the NJC model courtroom and presented by Samantha Rice, a Boyd law school student, free of charge for participants.

The NJC Hosts Mixer for UNLV Boyd School of Law Alumni and Reno ABOTA Chapter The NJC hosted a mixer between UNLV William S. Boyd School of Law’s Northern Nevada Alumni Chapter and the Reno Chapter of the American Board of Trial Advocates (ABOTA) on May 5. The event included a

Prof. G. William Rice Professor G. William Rice, NJC faculty and well known expert in American Indian law, passed away on February 14, 2014 at the age of 64.

Rice was an attorney, University of Tulsa (TU) law professor and a well-known expert on American Indian legal matters.

He worked to further the rights of indigenous people worldwide.

Rice joined the TU faculty in 1995 after teaching at law schools at Cornell University and the University of North Dakota. During two decades at TU, he taught courses in international indigenous law, Native American and indigenous rights, and tribal government and tribal gaming law. He was also co-director of TU’s Native American Law Center.

He was a member of the Tahlequah-based United Keetoowah Band of Cherokee Indians and was a former assistant chief of the tribe and tribal court judge. For nearly 30 years, he was a chief justice for the Citizen Potawatomi Nation and associate justice for the Kickapoo Nation of Indians. He also served as attorney general for the Sac and Fox Nation.

Rice successfully argued on behalf of the Sac and Fox Nation at the United States Supreme Court in Oklahoma Tax Commission v. Sac and Fox Nation, 508 U.S. 114 (1993).

Additionally, he played an active role in the United Nations Working Group on the Rights of Indigenous Peoples, which led to the UN General Assembly’s Declaration on the Rights of Indigenous Peoples.

presentation on intellectual property law by UNLV Boyd School of Law Professor Marketa Trimble. Also in attendance was Daniel Hamilton, dean of the Boyd School of Law. 2016 Case in Point · The Magazine of The National Judicial College · 44

College Leadership Awards Trustee Robert L. Parks, Esq., principal and founding partner of the Law Offices of Robert L. Parks in Miami, received the 2015 Legal Legend Award from History Miami Museum 11th Judicial Circuit Historical Society.

Hon. James Hannah January 14, 2016 Searcy, Arkansas

Hon. Talmadge Littlejohn October 26, 2015 New Albany, Mississippi

Board of Visitor member John Mowbray, Esq. received the Champion of Justice through Service award from the Clark County Bar Foundation on February 27, 2016. Mowbray is the director of Fennemore Craig, P.C., Las Vegas. His father, John C. Mowbray, former chief justice of the Nevada Supreme Court, served as faculty for the NJC in 1967.

Hon. Vanda Rajukumar-Gualbance October 22, 2015 Gasparillo, Trinidad

Hon. Barbara Smith November 19, 2016 Ada, Oklahoma (Please see more details on page 35)

Advancement of Justice Award joi n u s t o honor

Hon. Michael R. Barrett

U.S. District Court for the Southern District of Ohio

Hon. John D. Minton Chief Justice, Supreme Court of Kentucky

october 20, 2016 · cincinnati, ohio H o s t e d b y N J C B oar d of Tr u s t e e s C h a i r W m . T. ( B i l l ) R ob i n s on I I I an d t h e l aw of f ic e s of Fr o s t B r ow n Todd 45 · The Magazine of The National Judicial College · Case in Point 2016

NJC News NJC Awards 2015 Graduates

Staff Awards

Judicial Studies Program

35 Year Award

Ph.D.

Betty Morgan

Hon. David A. Hardy (NV)

10 Year Award

Hon. Wade Thomas Minahan (OH)

Christine Folsom, Esq.

Master’s Hon. Gary L. Clingman (NM) Hon. Gerald K. Crow (AR) Hon. Denis E. Guest (IL) Hon. Mary Katherine Huffman (OH)

Melody Leutkehans, Esq. Hon. Nickontro W. Johnny Supreme Court (Micronesia)

V. Robert Payant Award for Teaching Excellence

Hon. Nelson A. Joseph Supreme Court (Micronesia) Hon. Percy L. Lynchard, Jr. Chancery Court (MS)

Hon. Dennis A. Challeen

Hon. Vernon P. Perez Superior Court (Guam)

Faculty Awards

Hon. Benjamin F. Rodriguez Supreme Court (Micronesia)

25 Year Award

Hon. Mikell R. Scarborough Circuit Court (SC)

Hon. Gregory Holiday (MI)

Hon. Edwynne W. Carter Transportation Department (ID)

Hon. Abbi Silver Court of Appeals (NV)

Hon. Kimberly A. Westover Unemployment Insurance Appeals (AK)

20 Year Award

Hon. Mary E. Staley Superior Court (GA)

Hon. Penny J. White (TN)

Dispute Resolution Skills

Special Court Trial Skills

Hon. William G. Meyer (CO)

Hon. Maimunat B. Folami High Court (Nigeria)

Hon. Melody Bernard-Whitford Chippewa Cree Tribal Court (MT)

Dr. Kenneth D. Robinson (TN)

Hon. Calvin D. Hawkins Superior Court (IN)

Hon. Maimunat B. Folami High Court (Nigeria)

15 Year Award

Hon. Zandra E. Petersen Public Employees Relations Board (Virgin Islands)

Hon. Charles S. Unfug County Court (CO)

Prof. Phyllis Williams Kotey (FL)

Hon. Nina Puglia U.S. Merit Systems Protection Board (IL)

Tribal Judicial Skills

Hon. Judith Ann Lanzinger (OH)

Hon. Melody Bernard-Whitford Chippewa Cree Tribal Court (MT)

10 Year Award

Hon. Roman J. Duran Pueblo of Nambe Tribal Court (NM)

Hon. E. Ingrid Cumberlidge (AK)

Hon. David L. Shakes (CO)

Professional Certificate in Judicial Development Administrative Law Adjudication Skills

Hon. Rosalyn K. Robinson Court of Common Pleas (PA) Hon. Mikell R. Scarborough Circuit Court (SC) Hon. Kimberly A. Westover Unemployment Insurance Appeals (AK)

General Jurisdiction Trial Skills

Hon. Vincent Louis Knight (NM)

Hon. Leroy Not Afraid Crow Tribal Court (MT)

Hon. Charles E. Weller, PhD (NV)

Advancement of Justice

Hon. Katherine M. Bidegaray District Court (MT)

Chief Justice Wallace Jefferson

Hon. Thomas C. Clark, II Circuit Court (MO)

Prof. David L. Faigman (CA)

Hon. Esther M. Maybee Seneca Nation of Indians Surrogate Court (NY)

Hon. David A. Berger (Ret. USNMC Trial Judiciary) State Office of Administrative Hearings (TX)

Hon. James T. Carlisle (Ret.) Circuit Court (FL)

Prof. Raymond J. Clay (TX)

Hon. Sophia H. Hall Michael A. Pope, Esq.

Staff Excellence Award

Ms. Dottie McDonald (TX)

5 Year Award Mr. Jac A. Charlier (IL) Hon. Susan Witt Conyers (OK) Hon. David A. Hardy, PhD (NV) Hon. Bruce E. Moore (KS) Mr. Karl Nieberlein (NV) Hon. Thomas A. Zonay (VT)

Melody Luetkehans, Esq.

2016 Case in Point · The Magazine of The National Judicial College · 46

The NJC Welcomes New Staff Ramón Acosta, Esq., NTJC Program Attorney

Patrick Grimes, Chief Financial Officer Patrick Grimes is a former senior

Ramón Acosta joined The National

manager in the alternative energy field.

Tribal Judicial Center at The National

Patrick is a licensed CPA whose early

Judicial College as a program attorney

professional career included serving

in March 2016. Previously, he served

The National Judicial College as an

as an assistant federal defender in the

auditor with Ernst & Young. Patrick has

District of Nevada and the Western

diverse senior leadership experience

District of Texas. Ramón is a graduate

in auditing, consulting, education

of the National Criminal Defense

technology, and alternative energy. His

College in Macon, Georgia, and the Trial Lawyers College,

dynamic perspective complements the leadership at the

Thunderhead Ranch, Wyoming. He is a graduate of the

College and its strategic plans. Patrick, his wife, and four

University of Arizona and the Antioch School of Law in

children live in Reno, where he has resided since 1991.

Washington D.C.

Colleen Morgan, Course Administrator

Karin Morris, Development Assistant Karin Morris joined the NJC as the

Colleen Morgan joined the NJC as a

development assistant in 2015. She

course administrator in November

has lived in the Reno/Tahoe area for

2015. Previously she worked as an

35 years. She previously worked at

executive assistant in the University of

International Gaming Technology as

Nevada, Reno Department of Facilities.

a senior administrator. She joined

Although a native of Reno, Colleen

the NJC in July in a temporary

spent the previous 12 years at the

capacity and was converted to full

University of Oregon in Eugene where

time in November 2015. Karin has

she held many positions, including

a background in technology, having completed network

secretary to the athletic director, secretary to the head

administration courses in pursuit of an MCSE and also

football coach, and office coordinator for the UO Creative

working as desktop support for IBM in Texas when she

Writing Program, a nationally ranked graduate program.

moved there for a brief time in the late 90s.

Before relocating to Oregon, Colleen was the bookkeeper for eight years at KNPB, Reno’s local PBS television station.

Also new: Charisse Abbie, NTJC Course Administrator;

She has also worked as a legal secretary at the Reno City

Mary Burdick, Judicial Education Manager; Kimberly

Attorney’s Office and for attorneys in private practice.

Christopherson, Logistics Specialist; Brady Johnson, Marketing & Communications Manager; Bryan Walker, Judicial Education Manager.

Retirements Ernie Etcheverria

Mary Gough Price

The NJC’s long-serving “purchasing agent and facility guru”

The NJC’s longtime Director of Finance Mary Gough Price

Ernie Etcheverria has retired after more than 30 years of

has retired after nearly 20 years in the position. Price came

service. Etcheverria joined the College in 1983 and was

to the NJC in 1998, has weathered numerous technological

always ready to take on new roles as needed. A surprise

and leadership changes at the NJC, and helped keep the

going-away party was held for him on April 26.

College afloat during the Great Recession.

47 · The Magazine of The National Judicial College · Case in Point 2016

NJC News New Chair

Wm. T. (Bill) Robinson III

New Board of Trustees Members The National Judicial College welcomes four new members to its Board of Trustees. The College has an appointed board that sets policy, fosters a climate of excellence, promotes the development of innovative judicial education programs, and provides leadership in achieving the NJC’s mission.

Trustees are dedicated individuals from diverse fields encompassing the law and the judiciary.

Norma Barnes Euresti, Esq. Battle Creek, MI

Vice President and Chief Counsel, Kellogg Company.

Formerly an administrative law judge for the Illinois

Wm. T. (Bill) Robinson III, Memberin-Charge, Northern Kentucky offices of Frost Brown Todd LLC, is the new chair of The National Judicial College Board of Trustees.

Robinson has served on the NJC board since 2013, including as treasurer. A member since 1972, Bill has been active in the ABA for more than 25 years including as 135th ABA President (2011-12). Bill also served as 50th President, Kentucky Bar Association (1985-86); President, Kentucky Bar Foundation (1988-89); Founding Chair, Kentucky IOLTA Fund; and President, National Caucus of State Bar Associations (1995-96).

His volunteer community service includes: Chair, Kentucky Chamber of Commerce; Chair, Cincinnati USA Partnership; Founding SecretaryTreasurer, Tri-County Economic Development Corporation; Robinson is a graduate of Thomas More College (1967) and the University of Kentucky, College of Law (1971) where in 2004 he was inducted into the Alumni Hall of Fame.

Human Rights Commission. Graduate, Campbell Law School and Belmont Abbey College.

Richard Bryan, Esq. Las Vegas, NV

Director, Fennemore Craig law firm Las Vegas office.

Former U.S. Senator, Nevada Assemblyman, Nevada Governor and Nevada Attorney General. Graduate, the University of Nevada, Reno and University of California, Hastings College of Law.

Rob Hunter, Esq. Birmingham, AL

General Counsel, Altec, Inc. Previously practiced at Lange Simpson for 23 years.

Graduate, Doctor of Law from Cornell University and Mechanical Engineering at Mississippi State.

Robert L. Parks, Esq. Miami, FL

Principal, Law Offices of Robert L. Parks Law. Past president of the International Academy of Trial Lawyers, a fellow in the American College of Trial Lawyers and a fellow of the International Society of Barristers. Former chair, NJC Board of Visitors.

Graduate, Georgetown Law. 2016 Case in Point · The Magazine of The National Judicial College · 48

The NJC’s Newest Pillar of Justice

Elizabeth Cabraser, Partner, Lieff Cabraser Heimann & Bernstein Lief Cabraser Heimann & Bernstein,

Cabraser, a member of the

LLP co-founder and name partner

NJC’s Board of Trustees, is

Elizabeth Cabraser is the newest

unequivocal about the traits

Pillar of Justice donor for The

she likes to see in a judge.

National Judicial College. Pillars of Justice donors help the NJC

“A good judge — like a good lawyer

provide and implement innovative

— is a good listener,” she said. “A

programs, judicial education, and

good judge listens to both sides,

professional development services

asks hard questions, and isn’t afraid

to meet the needs of the nation’s

to make decisions. Most

judicial branch, as well as institute

judges score very highly

positive change to the court system.

on these points.”

“As courtroom lawyers, we

Under Elizabeth Cabraser’s

treasure judges and appreciate

leadership, Lieff Cabraser

the tremendous and necessary

has become one of the

work they do, often under daunting

country’s largest law

circumstances: heavy caseloads,

firms serving clients

limited resources,” said Cabraser.

seeking redress for

“Anything we can do to support the

financial and consumer

judiciary, we see as an opportunity

fraud, anti-competitive

to promote justice for all.”

practices, harmful drugs and products, and illegal

Pillars of Justice gifts allow the

employment practices.

College to address its greatest

For more than three

funding priorities. Pillars donations

decades, Cabraser

traditionally underwrite scholarships

has made sure that Lief Cabraser

for judges, classroom upgrades

Heimann & Bernstein, LLP remains

and the development of new

dedicated to its core values.

courses and programs. Pillars funding most recently underwrote

Cabraser is ranked by the National

the NJC’s Complex Commercial

Law Journal as one of the 100 most

Litigation course held in San

influential lawyers in America and

Antonio, Texas this past spring.

one of the 75 outstanding women lawyers in America. She serves

“We can’t say thank you enough to

on the Executive Committee of

Elizabeth for her gift,” said Hon. Chad

the Council of the American Law

Schmucker, the NJC’s president.

Institute (ALI) and is an advisor

“Every aspect of our programming

to several ALI projects. Cabraser

benefits from her generosity.”

became an NJC Trustee in 2014.

49 · The Magazine of The National Judicial College · Case in Point 2016

In making an unrestricted Pillars gift, Cabraser joins a valued group of donors investing in the College’s mission. Other 2015 NJC Pillars of Justice donors include Chevron Corporation, Chubb Group of Insurance Companies, ExxonMobil Corporation, and Rawle & Henderson, LLP.

NJC News Winter Break Leads to “Workhorse” Classroom Upgrade When classes resumed at the NJC this spring, faculty members assigned to classrooms 1245/1246 experienced a pleasant surprise. Over the winter break, IT Manager Anthony Scronce renovated each classroom with new lecterns featuring touch control panels integrated with new projectors, wider screens, cameras, and microphones.

“It’s essential for a College that is the premier judicial education provider in this country to have classroom technology on par with the instructional capabilities of major U.S. universities,” President Chad Schmucker said.

Classrooms 1245 and 1246 account for more than a third of all NJC classroom usage. These workhorse classrooms are adjacent, and — when the room divider is pulled back — may be converted into one large classroom. Faculty now have at their disposal integrated, intuitive technology that can activate a DVD, use a document camera, or present a PowerPoint.

Faculty should experience fewer equipment malfunctions and rarer incidents of incompatibility with their own newer laptops.

The $88,000 project was underwritten by three Nevada foundations: NV Energy Foundation, the E. L. Cord Foundation, and the Robert Z. Hawkins Foundation.

“The classroom upgrades will enhance the learning experience of thousands of judges who attend courses at the NJC over the next several years,” Schmucker said.

2016 Case in Point · The Magazine of The National Judicial College · 50

JOIN THE ABA JUDICIAL DIVISION AND BECOME THE JUDGE YOU WANT TO BE! n

Become part of the largest professional network of judges and lawyers who are supportive and passionate about the same things you are.

n

Access the most comprehensive source within the ABA for educational programs and resources on current topics affecting the judiciary.

n

Engage in opportunities to be published, speak, volunteer, and serve in leadership positions.

Help develop best practices, standards, and projects to improve the judiciary.

n

Stay ahead on current issues and latest trends through the Division’s publications, website, social media sites, emails, and newsletters. Membership includes a subscription to the award-winning magazine, The Judges’ Journal.

n

Shape the future of the judiciary through the Division’s many channels and volunteer events to educate the public and promote diversity in the judiciary.

Judicial Division membership is only $35. You must be a member of the American Bar Association; discounted ABA dues rates available for judges.

Learn more at www.americanbar.org/jd.

51 · The Magazine of The National Judicial College · Case in Point 2016

Donors A Message from the Chairman of the Board of Trustees Since 1963, The National Judicial College has been our nation’s premier institution for continuing judicial education. Judges are the key to the Rule of Law in each and all of our states and territories. We as lawyers have always had the fiduciary duty to our clients and fellow citizens to assure them the well-educated judges needed to administer justice. Our NJC mission - education, innovation and advancing justice - remains, therefore, as important today, as ever before.

The excellence of our NJC programs for continuing judicial education explains why 98 percent of judges who attended an NJC course last year would like to take future NJC courses. Of that total, however, 75 percent identified inadequate jurisdictional funding as the primary obstacle to their doing so. That’s where you come in to make a positive difference by contributing to the NJC. Your financial support allows the NJC to provide quality programming, superb NJC operations and needed scholarship support. Your financial gift can be directed toward technology upgrades, faculty sponsorship, curriculum development and more. Better educated judges assure needed justice for clients and our fellow citizens. Freedom in America depends on well-educated judges. - Wm. T. (Bill) Robinson III

2015 Donors CORNERSTONES

Freedom Circle ($25,000 - $49,999)

Honor Circle ($5,000 - $9,999)

For their foundational annual support of the College and its mission since its inception.

Chevron Corporation

A. Clifford Edwards, Esq.

E.L. Cord Foundation

American Board of Trial Advocates

ExxonMobil Corporation

Bartimus, Frickleton, Robertson & Goza

NV Energy Foundation

David J. Beck, Esq.

$225,000

Dale K. Raggio

Community Foundation of Western Nevada

$87,000

Liberty Circle ($15,000 - $24,999)

Robert T. Eglet, Esq.

American Bar Association State of Nevada PILLARS OF JUSTICE

Giles Enterprises, Inc. American College of Trust and Estate Counsel Foundation

Mr. John L. Holcomb, Esq.

Pillars donors make gifts of $5,000 or more to: underwrite the general operations of the NJC allowing for flexibility in asset allocation, fund curriculum expansion to address emerging issues that pose challenges for the courts, or to support the Endowment which enables the NJC to evolve and expand to meet the growing needs of the judiciary in the future.

Chubb

Samuel S. Lionel, Esq.

Helen Roberti Charitable Trust

Rawle & Henderson, LLP

Independence Circle ($50,000 +)

International Academy of Trial Lawyers Foundation

Wm. T. (Bill) Robinson III, Esq. Patricia K. Rocha, Esq.

Elizabeth J. Cabraser, Esq.

Robert Z. Hawkins Foundation

R&R Partners

William Randolph Hearst Foundation

South Carolina Bar Foundation

Roxie and Azad Joseph Foundation

Laura and John Arnold Foundation

The John Ben Snow Memorial Trust

Al Brayton, Esq.

John H. LaGatta

E. L. Wiegand Foundation

John H. Mowbray, Esq.

J. F Maddox Foundation

M. R. Bauer Foundation

Kaul Foundation

McDermott Will & Emery LLP

Weatherwax Foundation

Edward Neugebauer, Esq.

Justice Circle ($10,000 - $14,999)

Peter C. Neumann, Esq. Robert L. Parks, Esq.

2016 Case in Point · The Magazine of The National Judicial College · 52

Schiller, DuCanto & Fleck

Hon. and Mrs. Timothy C. Murphy

Hon. Charles R. Cloud (Ret.)

The Charles H. Stout Foundation

Peter J. Neeson, Esq.

Hon. William Cobb

The Clinton H. and Wilma T. Shattuck Charitable Trust

Hon. and Mrs. V. Robert Payant

Zelda M. DeBoyes

Mr. and Mrs. Michael A. Pope

Judith DeMarsh, Esq.

Mark G. Tratos, Esq.

Hon. James D. Rogers (Ret.)

Hon. and Mrs. Samuel G. DeSimone (Ret.)

Mr. and Mrs. Saul A. Wolfe

Herb Santos, Jr., Esq.

Hon. Frederick D. Dorsey

Hon. and Mrs. Chad C. Schmucker

Hon. Stephen S. Goss

Hon. Peter E. Schoon, Jr.

Hon. Gary A. Graber

ANNUAL DONORS

John A. Tarantino, Esq.

Hon. and Mrs. Robert C. Halbritter (Ret.)

Diamond Gavel Circle ($2,500 - $4,999)

Jerome M. Polaha

Hon. Sophia H. Hall

Wells Fargo Foundation

Hon. George N. Hardesty

American Board of Trial Advocates, Tampa Chapter

Crystal Gavel Circle ($500 - $999)

Lydia I. Beebe, Esq. Hon. Michael Eakin John Echeverria, Esq. Prof. Ronald R. Hofer Bruce R. James Jenner & Block John and Christine Worthington Fund Irwin A. Molasky Hon. Rory R. Olsen Matt Sweeney, Esq. Wilson Sonsini Goodrich & Rosati Foundation Winston & Strawn LLP

Platinum Gavel Circle ($1,000 - $2,499) Mr. and Mrs. Albert R. Abramson Aetna Foundation Baker, Donelson, Bearman Caldwell & Berkowitz, PC Marybel Batjer Peter Bennett, Esq. Javade Chaudhri, Esq. Hon. Michael A. Cherry Chevron Matching Employee Funds Hon. Gary L. Clingman Hon. Larry J. Craddock, Jr. Hon. Andre Davis Marian C. Durkee Ann Thornton Field, Esq. Gabelli Foundation Inc. Jeanne M. Hill Hon. Procter R. Hug, Jr. Hon. Karen L. Hunt (Ret.) Michael Jacobs, Esq. Cheryl R. Maldonado Mr. and Mrs. Patrick J. Meuth

Hon. David Neil Harris, Sr.

Hon. Don R. Ash Mr. and Mrs. William J. Brunson Hon. Toni E. Clarke Robert Gabrielli Hon. Karl B. Grube Kim D. Hogrefe, Esq. Ms. Donna Lucas Mr. and Mrs. Ed Lyngar Hon. Matthew Martin Hon. Robert E. McBeth Hon. William G. Meyer Mr. and Mrs. Carl Naumann Mr. Albert Pagni, Esq. Hon. and Mrs. Earl G. Penrod Hon. Robert T. Pfeuffer Tony F. Sanchez, III, Esq. Mr. Walter L. Sutton, Jr., Esq. Hon. John M. Vittone (Ret.) Katheryn Yetter, Esq.

Golden Gavel Circle ($250 - $499) Hon. Neil E. Axel (Ret.) Hon. Fredrick H. Bates

Hon. Patrice A. Hinnant Hon. Wallace R. Hoggatt Hon. Gregory Holiday Hon. Philip S. Hollman (Ret.) Hon. Jeffery W. Kelley Irwin Kishner, Esq. Hon. Philip T. Kyle (Ret.) Hon. Alberto C. Lamorena, III Hon. Thomas J Lanphear John M. Lilley Hon. James B. Malloy Hon. Joseph J. Maltese Hon. Charles M. McCullough Hon. Melvin M. Menegat Hon. Michael R. Morgan Hon. William F. Morgan Hon. James A. Morrow Jack H. Olender, Esq. Hon. Steven D. Olmstead Hon. Richard E. Parrott Hon. Daniel Patrick Ryan Hon. J. Stephen Schuster Hon. David L. Shakes Hon. Charles A. Shaw Ms. Anne E. Sheehan Hon. and Mrs. Olin W. Shinholser

Patricia Becker

Hon. Maureen Skerda & Rev. Mr. Philip Skerda (PA)

Jeanette Belz

Hon. and Mrs. Jack W. Smith

Hon. John P. Bessey (Ret.)

Philip M. Stahl, Ph.D.

Hon. Toni T. Boone (Ret.)

Hon. Philip S. Straniere

Hon. George H. Boyett

Hon. William Sweet

Hon. Cynthia L. Brewer Hon. Ann M. Butchart

The Guido A. and Elizabeth H. Binda Foundation

Hon. William J. Caprathe

Hon. Terry L. Thurbon

Hon. Joseph E. Cirigliano

Hon. Joseph M. Troy (Ret.)

Hon. Richard Cisneros

Hon. Jerry M. Vanderhoef

Hon. Jess B. Clanton

Hon. George D. Varoutsos

53 ¡ The Magazine of The National Judicial College ¡ Case in Point 2016

Donors Hon. Leslie A. Wagner

Mr. and Mrs. Lawrence M. Manwiller

In Memory of Joshua S. Ben Yehuda

Hon. Thomas C. Warren

Ms. Mary B. Mattingly

Mr. Michael Jacobs, Esq.

Hon. Chuck Weller

Mr. and Mrs. Steve McKnight

Nancy Neal Yeend

Mr. and Mrs. Patrick J. Meuth

In Memory of David B. Babbitt

Jay A. York

IN HONOR OF In Honor of William C. Bunch Hon. Thomas M. Ammons, III

In Honor of Sean Dunphy

Hon. Philip T. Kyle (Ret.)

Ms. Kathryn Miles

In Memory of Timothy C. Murphy

Peter C. Neumann, Esq. Mr. and Mrs. William E. Nork

Hon. Bruce S. Mencher

Mr. Jerry W. O’Kane

In Memory of Jack H. Olender

Ms. Janice C. Pine

Mr. Jack H. Olender, Esq.

Margo Piscevich, Esq.

In Memory of William J. Raggio

Ms. Pat Precissi

Mrs. Dale K. Raggio

Mr. and Mrs. William O. Protz

In Memory of William H. Erickson

Hon. Linda S. Fidnick

Mr. and Mrs. David P. Pursell

In Honor of James Henry

Mr. and Mrs. Timothy Rank

Prof. Henry R. Reeve

Mr. Elton “Mac” G. Rossi Ms. Ann E. Rossi and Mr. Denis Smith

In Memory of William H. McDermott

Mr. Richard E. Rossi

Hon. Michael A. Youngpeter

Hon. Tracy L. Henry

In Honor of Marybel Batjer Mrs. Jeanne M. Hill

In Honor of Everly Gold

Mr. and Mrs. James P. Safford Mrs. Stephanie Scoppettone

In Honor of The National Tribal Judicial Center

Ms. Anne E. Sheehan

Mr. Michael Jacobs, Esq.

In Honor of Conrad G. Keegan Mr. Michael Jacobs, Esq.

In Honor of Susanna Fuchsbrunner

Mr. and Mrs. Peter J. Siggins

Kosta M. Arger

Mrs. Janis J. Smith

Jeanette Belz

Ms. Judith Steele

Mrs. Kathleen Webb

In Honor of Tania Wright

Patricia D. Cafferata

Mr. and Mrs. John Utter

In Honor of Conrad G. Keegan

Hon. J. Stephen Schuster

Michael Buckley

Mr. and Mrs. John J. Sullivan Ms. Linda Vasquez

In Honor of Michael Jacobs

Joe W. Brown

Mr. and Mrs. Thomas E. Stephens

Hon. Juergen Maruhn

Hon. Reba Ann Page

WILLIAM J. RAGGIO ENDOWMENT DONORS

Gretchen and Thomas Sawyer

Mr. Michael Jacobs, Esq.

Michael A. Cherry William Cobb

Ms. Barbara B. Weinberg

Community Foundation of Western Nevada

Ms. Gayle Whitaker

Joseph N. Crowley

Ms. Caroline M. Whitcomb

Marian C. Durkee

Mr. Robert S. White

John Echeverria

Ms. Ellen Williams

E. L. Wiegand Foundation

Hon. Carolyn I. Wright

In Honor of William F. Dressel Hon. Hiller B. Zobel

IN MEMORY OF In Memory of Lura B. Caldwell Mr. and Mrs. William H. Hoffman

Joseph (Joe) P. Hardy

In Memory of Felix F. Stumpf

Jeanne M. Hill

Hon. ElizaBeth Beyer

Bruce R. James

In Memory of Arthur A. Gladstone

John and Christine Worthington Fund

Mr. Kenneth J. Bolen

John H. LaGatta

In Memory of Yoko Felter

John M. Lilley Joy Lyngar

Hon. Larry J. Craddock, Jr.

Mr. and Mrs. Thad Holcomb

In Memory of Stephen J. Ferry

Mr. and Mrs. Harold J. Jacobsen

Hon. Gary A. Graber

Mr. and Mrs. Thomas B. Keating

In Memory of Jim Williams

Ms. Fredrica R. King Ms. Sarah C. King Mr. and Mrs. Kirk Kinne

Hon. Duane R. Harves (Ret.)

In Memory of Yoko Felter

Irwin A. Molasky Ann Morgan Dennis Nolan NV Energy Foundation Albert Pagni Jerome M. Polaha

Mrs. Jeanne M. Hill

Dale K. Raggio

In Memory of Marjorie Lucille Tratos

R&R Partners

Hon. Patricia Lynch Andrew Mackenzie, Esq.

Mrs. Jeanne M. Hill

Mr. and Mrs. Michael J. Klos Ms. Donna Lucas

John P. Sande

Cheryl R. Maldonado and Karen Rodden Taylor 2016 Case in Point · The Magazine of The National Judicial College · 54

The Back Page

Prominent Nevadan Helps Fund Drug Addiction Course for Judges A leading advocate for addiction recovery is one of recovery programs at 40 colleges and universities.

The National Judicial College’s newest donors. Stacie In 2014, she opened the Doors to Recovery non-profit, Mathewson, through her foundation, has made a $25,000 which runs group homes for young adults in recovery. gift to the NJC to fund 10 Northern Nevada judges Mathewson first learned about the NJC’s efforts to to attend a course focused on the science behind drug educate judges about the neurobiology of addiction from addiction and how judges can better comprehend the her friend Janet Berry, a Nevada judge and NJC faculty brain chemistry of drug-addicted member. defendants.

“Stacie Mathewson is a leader The course, Drugs in America Today: and champion in the fight to save What Every Judge Needs to Know, will America’s children from the epidemic be held October 10-12, 2016 in Las of prescription drug and heroin Vegas and is open to paid enrollment addiction,” Berry said. “Her dedication by non-Nevada judges as well. to treatment, education, and “With opiate addiction at an innovation and her passion as a change epidemic level across America, the agent have established her as a national NJC provides judges with important leader on this issue. It is wonderful information on the neurobiology of to have her join the NJC team in our heroin and painkiller addiction,” NJC quest to establish the finest educational President Chad Schmucker said. opportunities to tackle this epidemic.”

Mathewson was already active Judges attending the course will “We are on the in the addiction recovery movement also be invited to a panel discussion verge of a tidal wave when her 29-year-old son lost a on the evening of October 10, where long battle against prescription pain local and national experts will discuss of change in the medication addiction and died in 2013. the current opioid epidemic and its field of addiction Sadly, Mathewson’s personal implications reaching beyond the and I’m so proud to tragedy is being played out thousands courts. of times across the country. Some Mathewson deeply understands the be a part of it.”

47,055 drug overdose deaths occurred far-reaching impact of drug addiction.

Stacie Mathewson in the U.S. in 2014, according to the “This is a disease and the person Centers for Disease Control. who has it suffers more than anyone The Stacie Mathewson Foundation was founded in knows,” Mathewson said. “They have such an unfair 2011 to focus on addiction recovery and prevention for disadvantage in life. This disease needs special attention, young people and is committed to erasing the social stigma and the families dealing with it need our compassion.” associated with substance use disorders.

— Jeanne Hill Mathewson’s Foundation gave seed funding to the The NJC is pleased to acknowledge two other philanthropic gifts to fund Nevada Nevada Recovery and Prevention community at the judges who wish to attend the Drugs in America Today: What Every Judge University of Nevada, Reno. This led to a national study Needs to Know course in Las Vegas on October 10-12, 2016. The donors are into the status of addiction and recovery among college Irwin Kishner and David Chesnoff, Esq., both of Las Vegas. students, and to the creation of her non-profit Transforming The course is open to enrollment from judges and judicial personnel Youth Recovery, with a goal of establishing 100 new outside of Nevada by paying regular tuition and fees. Scholarships may be available. Please visit www.judges.org/courses for course information. collegiate recovery programs across the country. To date, The Stacie Mathewson Foundation has funded collegiate 55 · The Magazine of The National Judicial College · Case in Point 2016

NONPROFIT ORG. U.S. POSTAGE PA I D PERMIT NO. 216 RENO, NEVADA 1664 N Virginia St / MS 358 Reno, NV 89503-0705

www.judges.org

E D U C A T I O N

|

I N N O V A T I O N

|

A D V A N C I N G

J U S T I C E

The NJC is Nationwide in 2017 We’re offering courses in 14 cities coast-to-coast next year. See the center spread for details.

Atlanta

Austin

Bar Harbor

Big Sky

Charleston

Chicago

Miami

Nashville

New Orleans

Reno

Santa Fe

Seattle

Sedona

Washington