Case In Point 2013

2013 2013 Issue Issue

Circle Sentencing in Alaska NJC & the National Anti-Human Trafficking Initiative

VISION & DEDICATION President Dressel Says Goodbye After 13 Years

VISION & DEDICATION President Dressel Says Goodbye After 13 Years

Circle Sentencing in Alaska

NJC & the National Anti-Human Trafficking Initiative

P r e s i d e n t ’s C o l u m n H o n . W i l l i a m F. d r e s s e l

What a Wonderful Journey Dear Friends,

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2013 Issue

fter 13 gratifying years as president of The National Judicial College, I will be retiring on December 31. It has been a wonderful journey, and I’ve been honored to have led this organization through both rewarding and challenging times. I am extremely proud of the contribution by the NJC faculty and staff who have worked diligently to conduct outstanding programs, courses and justice initiatives.

I’ve had the pleasure of working with dedicated Boards of Trustees, Boards of Visitors and Faculty Councils, all of whom demonstrated a deep commitment to the College’s mission of education – innovation – advancing justice.

I’m proud of all that NJC has accomplished over the past 50 years and especially in my 13 years with the College.

Centers and programs have been created, such as the National Tribal Judicial Center, Dividing the Waters, Leadership/ Project Management and Drug Involved Offenders, to name just a few. In addition, the Reynolds National Center for Courts & Media, created in 2000, publishes a journal addressing impartial issues and continues offering educational programs.

Over the years, changes in the delivery of education have evolved to take advantage of technology and serve the demand for access to education. The College has developed programs, courses and initiatives addressing important issues such as fracking, drug involved offenders, mental health, handling capital cases, and e-discovery. While the web has changed the face of education, the invaluable benefits of in-person learning and the relationships formed and developed by attending NJC courses and programs are as relevant (if not more so) for today’s judges as they were in 1963 when the College was founded.

As president, I could not have asked for a more impactful year as NJC commemorates 50 years of judicial excellence and improving the administration of justice. NJC chose to give back to the judiciary by holding a series of three symposia on civility, jury trials and educating the 21st century jurist. Each of these symposia will produce resources that the judiciary will use to advance justice well into the future. During the last symposium, I had the pleasure of introducing the Honorable Chad Schmucker whom the Board of Trustees selected as NJC’s 8th president. Chad will officially become president on January 1, 2014, although he will be at NJC in mid-November to help with a smooth transition. I am confident that he will lead this outstanding organization to great achievements in the coming years.

While December 31 will be my last day as president of The National Judicial College, my commitment to the improvement of the justice system will remain. I look forward to working on projects and staying in touch with those of you who continue to work on improving the administration of justice. The College is a vital resource for all judges and will remain a valuable partner to those who seek to improve the delivery of justice to all.

Thank you for the opportunity to be of service to all within the justice community.

Bill Dressel

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The NJC Celebrates 50 Years

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In 2013, the NJC celebrated 50 years of judicial education with three symposia in three separate cities and a final reception at the College’s home at the University of Nevada, Reno campus. In these series of articles, the three symposia and their speakers are highlighted.

NJC in Forefront of National Anti-Human Trafficking Initiative

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By Bob Gabrielli, Grant Writer

A recent State Justice Institute grant allows the NJC to participate within a collaborative initiative to educate the nation’s judges about human trafficking, a pernicious modern-day slavery market that is increasingly impacting the nation’s courts.

William F. Dressel Scholarship Endowment

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By Stacey Sunday, Communications Specialist

The NJC is proud to establish its first Presidential Endowed Scholarship honoring retiring President William “Bill” Dressel for his 13 years of outstanding service and leadership.

Sentencing Sex Offenders - Assistance for Judges

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By Joy Lyngar, Chief Academic Officer

For almost two years, NJC has been working on a project funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. The award, over $1.8 million, was the largest single award ever made by the SMART Office.

Circle Sentencing in Alaska Circle Sentencing, an effort that has made its way into the past two State of the Judiciary addresses in Alaska, has turned into one of the greatest tools to establish a relationship between rural communities and the Alaska Court System.

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By Stacey Sunday, Communications Specialist

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Taking the Bench: An Online Course for New General Jurisdiction Judges Adapting to 21st Century Technology International Visitors: Kazakhstan Dividing the Waters Receives “Linchpin” Grant Leadership at the Beginning: Judge Laurence “Larry” Hyde NJC Offers Judicial Resources for Complex Commercial Cases 130th/131st Jackson Lectures Remembering Justice Weisberger “The Right Intervention at the Right Time”

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Collaborative Master ’s and Doctoral Programs Highly Praised

The NTJC News...38

The NJC News...42

Donors...49

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CASE IN POINT 2013 Issue 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.

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Editorial Team 50 Years of Educating Our Nation’s Judiciary

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is a special year for The National Judicial College as we commemorate 50 years of of service to our nation’s judiciary.

The year began with the first of three symposia, Civility in the American Justice System: Promoting Public Trust and Confidence, held in Philadelphia, followed by The Jury Trial in the 21st Century held during the summer at the ABA headquarters in Chicago and culminating this fall with the Transforming 21st Century Judicial Education symposium that was held at the College in Reno. Throughout this edition of Case In Point, you will find articles summarizing the three symposia as well as an excerpt from Retired Chief Justice Paul De Muniz’s insightful keynote address that outlined the importance of civility and its connection with maintaining the public’s trust and confidence in the justice system (page 5). These symposia were created as an extension of our commitment to educating the nation’s judiciary and will provide outcomes that will impact the judiciary for years to come.

The College received tremendous support from donors that enabled us to hold the three 50th Anniversary symposia. We are grateful for the continued support and our ongoing partnership with The International Academy of Trial Lawyers (IATL).

IATL was the Title Sponsor of the jury trial symposium and additional major sponsors included Chevron and Barrick corporations. A complete listing of all 50th Anniversary donors can be found on page 11.

The College was delighted to culminate the symposia in Reno and hold a special reception at our home on the University of Nevada, Reno campus. A number of speakers with close ties to the College made moving remarks. Nevada Governor Brian Sandoval spoke about the importance of the College to the state and nation. Ernest Friesen, one of NJC’s founders, spoke about how the College almost wasn’t created because of the stigma of “education” in connection with the judiciary. This fear proved to be unfounded as the initial class and succeeding courses exceeded enrollment capacities. The evening concluded with President William Dressel bringing NJC’s incoming president, Hon. Chad Schmucker, to the stage. Judge Schmucker from Michigan will become NJC’s 8th president on January 1, 2014. A series of photos from the event can be found on page 12.

This issue also marks the last publication with President Dressel at the helm (story on page 26). The College was very fortunate to have a visionary and tireless emissary who guided the NJC for the past 13 years and is leaving behind a vibrant, forward-looking institution. As our 50th Anniversary year comes to a close, we look to the future to continue the innovative impact that the College will have on the improvement of the administration of justice.

Gretchen Alt Sawyer Director of Development/Communications

Shown from left to right: Bob Gabrielli, Grant Writer; Gretchen Alt Sawyer, Director of Development/Communications; Christina Nellemann, Manager of Graphic & Web Services; Stacey Sunday, Communications Specialist and Kim Littman, Development Coordinator.

Published articles do not constitute an endorsement of views which may be expressed. Readers are invited to address comments and suggestions to the publisher/editor; however, we cannot guarantee the publication or return of unsolicited manuscripts. 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 the publisher/editor.

CASE IN POINT The National Judicial College Judicial College Building/MS 358 Reno, NV 89557 (800) 25-JUDGE (800-255-8343) Fax: (775) 327-2167 www.judges.org EXECUTIVE OFFICE Hon. William F. Dressel, President BOARD OF TRUSTEES Mark G. Tratos, Esq., Chair, Las Vegas, NV Peter J. Neeson, Esq., Chair-Elect, Philadelphia, PA Lydia I. Beebe, Esq., Secretary, San Ramon, CA Hon. Sophia H. Hall, Immediate Past Chair, Chicago, IL Alan R. Brayton, Esq., Novato, CA Javade Chaudhri, Esq., San Diego, CA Hon. Toni E. Clarke, Upper Marlboro, MD Hon. Larry Craddock, Austin, TX Hon. Paul J. De Muniz (Ret.), Salem, OR Hon. J. Michael Eakin, Harrisburg, PA Ann Thornton Field, Esq., Philadelphia, PA Patricia Glaser, Esq., Los Angeles, CA Kim Dean Hogrefe, Esq., Warren, NJ William T. Robinson, III, Esq., Florence, KY Hon. W. Terry Ruckriegle (Ret.), Breckenridge, CO Tony F. Sanchez, III, Las Vegas, NV Matt Sweeney, Esq., Nashville, TN Hon. John M. Vittone (Ret.), Silver Spring, MD

FACULTY COUNCIL Hon. Anita M. Fogle, Chair, Miami, FL BOARD OF VISITORS Robert L. Parks , Esq., Chair, FL James R. Bartimus, Esq., Vice-Chair, KS PHOTOGRAPHY Jeff Ross Photography Theresa Danna-Douglas, University of Nevada, Reno Stuart Murtland Photography DESIGN & PRODUCTION Christina Nellemann, The National Judicial College A. Carlisle & Co. Printing, Reno, NV The National Judicial College is an Equal Opportunity /Affirmative Action, ADA organization, and admits participants of any age, race, color, gender, sexual orientation, national or ethnic origin.

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In 1963, U. S. Supreme Court Justice and one of The National Judicial College’s founders, Tom C. Clark, stated,

CASE IN POINT | 2013 Issue

“Two years ago, the use of the word ‘education’ in connection with the judiciary brought raised eyebrows and the shaking of heads. There was a fear that if judges admitted a need for seminars they would be confessing inadequacy. Today…the skittishness against the tag ‘education’ has been converted into genuine enthusiasm for more knowledge in judicial administration through continuing education.”

It’s interesting to consider that more than 50 years ago, the movement to provide judges with education was just beginning to gain momentum and the idea to create a permanent entity to provide this education was just a topic of conversation. My, oh my, we’ve come a long way since then: the leadership of Supreme Court Justice Tom C. Clark, who established the first class of the National College of the State Judiciary; the commitment of Judge Thomas Craven, who saw an opportunity for the state of Nevada to seize upon this new-fangled idea; the tens of thousands of judges who are educated each year through NJC programs and initiatives. It is clear we have a lot to be thankful for - 50 years of education – innovation – advancing justice and many challenges and opportunities that await us in our next 50 years.

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Civility in the American Justice System

Promoting Public Trust and Confidence

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n April 7, The National Judicial College held its first of three symposia that were being presented in 2013 in commemoration of 50 years of judicial excellence. The symposium, Civility in the American Justice System: Promoting Public Trust and Confidence, was held at The National Constitution Center in Philadelphia. A keynote speech provided by NJC Trustee and retired Oregon Supreme Court Justice Paul J. De Muniz and a roundtable moderated by syndicated columnist and political analyst Mark Shields kicked off the event.

The six roundtable members were Hon. Don Ash from Tennessee; Dean John T. Broderick, Jr., University of New Hampshire School of Law; Hon. C. Darnell Jones, II, U.S. District Court Eastern District of Pennsylvania; Joan A. Luckey, Esq., Ropes & Gray LLP; Prof. Amy Mashburn, Levin College of Law; and Thomas G. Wilkinson, Esq., Cozen O’Connor. They responded to three scenarios posed by Mr. Shields that focused on uncivil behavior occurring in the justice system, and discussed how they would address the situations. The roundtable content flowed nicely into the symposium

that began Monday morning. During the symposium, more than 40 participants tackled issues that the lack of civility is creating for all aspects of our court system.

The valuable insight and contributions made by the symposium participants will result in a publication that goes beyond defining civility into responsibilities and practical tips and approaches for all who participate in the justice system.

The NJC is grateful for the support from the NJC’s 50th Anniversary Sponsors that made this symposium possible. In addition, the College extends its appreciation to the judges from the First Judicial District of Pennsylvania and the local planning committee which provide a warm welcome and tremendous support whenever the NJC conducts an educational program in the City of Brotherly Love.

A video of the roundtable will be available on the College’s YouTube channel soon. Thank you to James J. Duratz and the Pennsylvania Cable Network for filming the roundtable, and to The National Constitution Center for hosting the Sunday roundtable. NJC

Civility Keynote Address

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Oregon Supreme Court Retired Chief Justice Paul J. De Muniz

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review for the longevity of our constitutional democracy. In that regard it does us well to remember that the acquiescence to judicial power by the other branches of government and the public throughout our history is founded on the perceived legitimacy and independence of the courts.

In a speech to the American Bar Association in 1998, Justice Anthony Kennedy reminded us that civility and judicial independence are indeed connected values that are essential and integral to the preservation of the rule of law. According to Justice Kennedy, for the rule of law to thrive, we must preserve three fundamental principles: the responsibility of the individual, the rationality in the legal profession and the courts, and civility.

Regarding civility, Justice Kennedy observed that civility “has deep roots in the idea of respect for the

CASE IN POINT

ne of the many highlights of the April 7 Civility in the American Justice System: Promoting Public Trust and Confidence symposium was NJC Trustee and Oregon Supreme Court Retired Chief Justice Paul J. De Muniz’s keynote address.

The following is an excerpt from his address on the importance of civility in the justice system:

As we examine civility’s role in the legal profession and the courts, I thought it may be helpful to attempt to put into some context the issue of “civility” or the growing concern over “incivility” in the legal profession and our courts. To begin, the current concern about “incivility” in the practice of law and in the courts is a matter much different from the now often heard lament about the polarization and incivility that dominate American politics today.

Civility in the practice of law and the courts is not just about treating opposing counsel, the court, clients and others with courtesy, dignity, and kindness. It is also about maintaining the public’s trust and confidence in the American justice system and ultimately adherence to the rule of law. Most scholars and historians credit the power of judicial

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Civility 2013 Issue

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individual. We are civil to each other because we respect one another’s aspirations and equal standing in a democratic society. Civility defines our common cause in advancing the rule of law.”

Unfortunately, there is a growing concern about incivility in the practice of law and the courts of this country—a concern that should incivility become culturally institutionalized and accepted

requires that lawyers be seen as trusted resources for resolving disputes, and not as expensive, hired-guns that generate huge legal bills in long, drawn-out legal bickering.

I would [also] like to touch briefly on the subject of self-represented litigants. Today, in 60 percent of the family law cases nationwide, at least one party is not represented by a lawyer and frequently neither

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We are civil to each other because we respect one another’s aspirations and equal standing in a democratic society. in the American justice system, it will erode the public’s confidence and trust in the justice system.

As we examine the importance of civility in this symposium, it seems important to always keep in mind that civility in the practice of law and the work of courts is not passed down in our DNA, but must be modeled, taught, and nurtured from one generation to another.

The traditional paradigm, that law firms actually train new lawyers and in doing so model and transmit a tradition of civility is no longer the norm. Those that are beginning law practice on their own are entering the legal profession with little practical guidance in how to go about establishing a productive legal career that can benefit their clients (whether public or private) and at the same time serve the important public interests involved in having legal disputes resolved amicably and expeditiously. Even those new lawyers who are able to find employment in established firms will feel the pressure of billable-hour expectations and the pressure to be hard-driving winners to ensure that those law firms can continue to derive profit in a declining economic environment. Ultimately, however, the long-term health of the legal profession

party is represented. The traditional adversarial system that these litigants enter often involves drawn out court procedures, hearings with legalistic procedures and rules of evidence that they know nothing about. These cases present new challenges for many lawyers and judges who are unsure of their role and can become frustrated with selfrepresented litigants. It is likely that the number of self-represented litigants will only increase as the upcoming generations increasingly believe that the answer to every problem, including trying a case in a court of law, can be found on the Internet.

Accordingly, it seems that no examination of civility in the courts can be complete without some discussion of this evolving presence in America’s courtrooms.

In closing I want to thank all of you for attending this important event, commemorating The National Judicial College’s 50th year, and for your shared commitment to maintaining and fostering the very important value of civility in the practice of law and in our courts. NJC Read NJC Trustee and Oregon Supreme Court Retired Chief Justice Paul J. De Muniz’s full keynote address on our 50th website: www.judges.org/50th.

By Hon. William J. Caprathe (Ret.), Bay City, MI

Preserving Our Jury System

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opportunity for citizens to reflect the conscience of the community in resolving disputes. We trust jurors from all backgrounds to make important decisions. Jury trials are also a great learning experience for everyone involved including jurors. As stated by Judge Gregory E. Mize, judicial fellow, National Center of State Courts, “Professor Ferguson’s book will help us all move beyond feeling jury service is solely a duty. These well-written pages clearly demonstrate jury service is a privilege and that a jury summons is an admission ticket to very special higher learning.”

At the next day’s session, a major concern of the attendees was that jury trials are diminishing in this country. There were many opinions regarding the reasons for this, but it was the consensus that we should do everything we can to preserve this crucial limb of our justice system.

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Jury Trial

CASE IN POINT

rom June 23-25, 2013 in Chicago, Illinois, The National Judicial College held the second of three symposia commemorating the College’s 50 years of excellent service to the justice system.

The Chicago symposium, entitled The Jury Trial in the 21st Century, began with a reception at Fulton’s on the River. The group of jury experts from throughout the United States and Japan were addressed by Andrew Guthrie Ferguson, professor at the Davis Clark School of Law at the University of the District of Columbia.

He is the author of the book, Why Jury Duty Matters A Citizens Guide to Constitutional Action. The concepts he discussed set the stage for the remainder of the symposium. He pointed out that our Constitution begins with “We the People.” Thus all of “the people” have the duty to carry out its provisions, such as the Sixth and Seventh Amendments’ right to a jury of one’s peers. In addition, jury trials provide an immense

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Jury trials are also a great learning experience for everyone involved including jurors.

The symposium agenda consisted of three relevant discussion areas. The first topic of discussion was, “Why Are Jury Trials Important to a Democratic Society?”

The concepts in Professor Ferguson’s book inspired extensive discussion on this topic, which led to many ideas on what topics would appeal to citizens and how to engage citizens in discussing why jury trials protect their rights. It was agreed by the group that while this initiative focuses mainly on adults, it is crucial to include students at an early age, using age-appropriate material in education about the integral parts of the jury trial process. For example, play acting and comic books have been used successfully. Teaching about jury trials should also occur at the time citizens are called in for jury duty.

Examples for adults include videos and jury manuals in plain language that help make jury service a better experience.

The second topic was the “Expedited Jury Trial Concept” as described on the websites of the National Center for State Courts and the Institute for the Advancement of the American Legal System. The time and cost of a regular jury trial for many civil cases is prohibitive. The expedited process could provide those parties an opportunity to have a timely and cost effective jury trial. Both the weaknesses and strengths of expedited jury trials were considered, such as should it be mandatory for some cases, and should it be binding and subject to appeal?

The third topic was the scope of a judge’s Trial Management Resource Guide. The discussion involved identifying the skills and resources trial judges need to optimize the jury trial process. It is important to

consider the 21st century juror. How can we enhance the experience for jurors? For example, we know that jury service becomes more understandable and interactive by allowing jurors to take notes, ask questions, and discuss the case during the trial. As important, what is the best format to make the resource guide easy to use?

What can judges do in pursuit of fairness and justice, and what could jeopardize such a result? Also, the guide should include instructions regarding use of the internet by jurors, and most importantly, the reasons for these instructions.

The bottom line for this symposium was that the jury trial is an essential element in our democracy, and we need to do everything we reasonably can to preserve it. The right to a jury trial is provided to us by the Seventh Amendment for civil cases and by the Sixth Amendment in criminal cases. It gives everyday people an opportunity to participate in the legal system, regardless of their backgrounds, and to make important decisions affecting their communities.

The specific recommendations will result in three NJC initiatives regarding responsibilities and practical tips for preserving our jury trial system: (1) A handout with talking points to citizens on why jury trials are important to a democratic society; (2) A promotional outreach on the critical elements of the expedited jury trial initiative; and (3) A summary of the knowledge, skills and resources judges need when presiding over a modern day jury trial. NJC Modified article, originally printed in the Judicial Division Record, printed with permission from the American Bar Association and author, Hon. William J. Caprathe (Ret.).

G. Thomas Munsterman

Receives NJC’s Advancement of Justice Award

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Alcatraz Federal Penitentiary Closes – On March 21, Alcatraz closed after 29 years of operation because the institution was too expensive to continue operating.

Beatlemania Begins – On March 22, The Beatles released their first album, Please Please Me, which was recorded in a single day.

International Paris Air Show Begins – On June 10, the world of commercial and defense aerospace met at the historical Le Bourget Field and eventually this becomes the largest air show in the world. (In Nevada, the Reno Air Races held its first event that featured multi-lap, multi-aircraft races between extremely high performance aircraft on closed courses which range between about 3 miles and about 8 miles in length per lap.)

First Woman Travels in Space – On June 16, 26-year-old Valentina Tereshkova became the first woman to travel in space on the Vostok 6.

ZIP Codes Introduced – On July 1, ZIP codes were introduced by the United States Postal Service and simultaneously, two-letter state abbreviations were introduced to help mail travel more efficiently.

First Artificial Heart Placed in Human – On July 19, Dr. Michael Debakey installed an artificial pump to assist a patient’s damaged heart in Houston, Texas.

The March on Washington for Jobs and Freedom – On August 28 some 250,000 people marched from the Washington Monument to the Lincoln Memorial, in what turned out to be both a protest and a communal celebration. Martin Luther King, Jr. delivered one of the most famous speeches in American history.

2013 Issue

COST OF LIVING IN 1963 Average cost of new house: $12,650.00 Average income per year: $5,807.00 Gas per gallon: 29 cents Average cost of a new car: $3,233.00 Loaf of bread: 22 cents

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President Kennedy Assassinated – On November 22, President John F. Kennedy was transported to the hospital after he was mortally wounded in Dallas, Texas.

CASE IN POINT

G. Thomas “Tom” Munsterma n, director emeritus of the Center for Jury Studies of the National Center for State Courts, was awarded The National Judicial College’s Advancement of Justice Award on June 23, 2013 in Chicago. The Advancement of Justice award is bestowed upon a person who has demonstrated dedication to improving justice.

The award was presented to Munsterman during the reception for the NJC’s symposium, The Jury Trial in the 21st Century. This was the second of three symposia presented this year by the College to commemorate its 50 years of education – innovation – advancing justice.

Tom received a bachelor’s degree in electrical engineering from Northwestern University and a masters in engineering from George Washington University.

He served as a consultant to New York’s Jury Project and the California Blue Ribbon Commission on Jury System Improvements. He is the author of “Jury System Management”; co-editor of “Jury Trial Innovations”; and co-author of “Managing Notorious Trials.” For 17 years, he was the author of a column on “Jury News” in the quarterly publication “Court Manager.” He has served on the faculty for many state and national judicial branch education programs including at The National Judicial College for 13 years. He has testified as the court’s expert witness in cases concerning jury representativeness/jury management before state legislative committees. He was a member of the ABA’s Commission on the American Jury Project, received the ABA’s Jury System Impact Award in 2008 and the Award of Excellence from the Justice Management Institute in 2007. Tom retired from the National Center for State Courts in 2010.

1963 proved to be a history making year for the world

By Bob Gabrielli, Grant Writer 10

NJC’s Final 50th Anniversary Symposium Message to Judges:

You Gotta Love Learning

ore than 40 sitting and retired judges, judicial educators, administrative law judges, psychologists, consultants and NJC faculty and staff assembled in Reno to discuss retooling judicial education for judges in the 21st century. Transforming 21st Century Judicial Education, the third and final symposium of The National Judicial College’s 50th Anniversary series, was held appropriately enough at the NJC on September 9-11.

Co-moderated by the NJC’s President William F. Dressel and Director of Special Projects William Brunson, the final symposium was structured to examine the educational needs of judges throughout their careers – ranging from newly elected and mid-career judges to senior judges contemplating post retirement plans.

Beyond identifying potential educational content, symposium participants—in both breakout groups and full-class discussions—scrutinized such issues as:

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• whether mandatory judicial education is preferable to a voluntary system

• the role of testing and performance evaluations • the need for judicial mentors, coaches and “judge shadowing” • how best to instill in new judges the commitment for lifelong learning • the power of cohorts as a support network.

“Judge to judge support and frankness are motivators for judges to engage in continuing education,” said longtime faculty member Dr. Isaiah Zimmerman, a wellknown clinical psychologist addressing one of the key symposium themes. There was also group consensus that judges were “recharged” when teaching other judges or becoming involved in justice improvement initiatives.

A symposium highlight was a discussion featuring retired state supreme court justices Hon. Paul J. De Muniz from Oregon, Hon. Miriam Shearing from Nevada and Hon. Ruth McGregor from Arizona. The justices offered their own take on educating successful long-term judges. “Anyone thinking of becoming a

21st Century

judge should start out as a pro tem judge to see if the career is suitable for that person,” said Justice Shearing, who believes that many attorneys become judges without a full understanding of what the job entails. Justice De Muniz felt that judges could use reminders that theirs is “a higher calling.” He endorsed the idea of judge mentors.

Justice McGregor noted that a powerful motivator for judges is when they can see their work positively impact the judicial system.

Though the symposia have all ended, the work has just begun. Staff and attendees are continuing the discussions to determine how to share the ideas and strategies identified with the justice community.

“The symposia are really the first step in a longer process,” said William Brunson. “The College will be examining everything we do to ensure that we are meeting the needs of a whole new generation of judges.

The symposia gave us an opportunity to examine what we are doing well, where we need to go next and how best to share the material.” NJC

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The NJC is Grateful for the Generosity of the Following 50th Anniversary Donors TITLE SPONSOR ($100,000) International Academy of Trial Lawyers (The Jury Trial in the 21st Century) RULE OF LAW SPONSOR ($50,000-$99,999) Chevron Dream Fund at UCLA JUDICIAL CHAMPION SPONSORS ($25,000-$49,999) Aetna Andrews Kurth LLP Barrick JUDICIAL ADVOCATE SPONSORS ($10,000-$24,999) Caesars Entertainment ExxonMobil Glaser, Weil, Fink, Jacobs, Howard, Avchen & Shapiro, LLP IGT McDonald Carano Wilson LLP NV Energy PricewaterhouseCoopers LLP Sempra Energy Wynn Resorts JUDICIAL PROPONENT SPONSORS ($5,000-$9,999) Clinton H. and Wilma T. Shattuck Charitable Trust Connell Foley Cozen O’Connor DRI—The Voice of the Defense Bar Gordon & Rees LLP Hahn Loeser & Parks LLP John Ben Snow Memorial Trust The Phil and Jennifer Satre Family Charitable Fund at the Community Foundation of Western Nevada Rawle & Henderson, LLP Redgrave LLP

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JUDICIAL SUPPORTER SPONSORS ($1,000-$4,999) Baker Donelson Bearman, Caldwell & Berkowitz, PC Bingham Brookman, Rosenberg, Brown & Sandler Carlton Fields The Foundation of the American Board of Trial Advocates Gonzalez Saggio & Harlan LLP International Association of Defense Counsel Locke Lord LLP Salmon, Ricchezza, Singer & Turchi LLP Thorp Reed & Armstrong, LLP

CASE IN POINT

On September 10, the NJC held a special 50th Anniversary reception on the University of Nevada, Reno campus to commemorate 50 years of judicial excellence. The evening’s program was co-emceed by NJC President William Dressel and Trustee Chair Mark Tratos. A number of speakers with close ties to the College made remarks, including Nevada Governor Brian Sandoval, University of Nevada, Reno President Marc Johnson and Nevada Chief Justice Kristina Pickering, to name a few. Included in the audience of more than 200 were a few people involved with the College during the early years — the College’s first dean, Judge Laurance M. Hyde and one of the participants in the first class held in Boulder, Co., Judge James J. Richards.

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50th Anniversary

Reno Reception

President William F. Dressel with Nevada Governor Brian Sandoval and Board of Trustees Chair Mark Tratos

Phil and Jennifer Satre, Nevada Governor Sandoval, NV Chief Justice Kristina Pickering and University of Nevada, Reno President Marc Johnson

NJC Board of Trustee former chairs with current chair Mark Tratos and President William Dressel

One of NJC’s Founders, Ernest C. Friesen, Jr.

Jim Richardson, Director, Grant Sawyer Center for Justice Studies with his wife Cynthia, President Dressel, and Trustee Tony Sanchez

Incoming NJC President Chad Schmucker, Nevada Governor Brian Sandoval and President Dressel

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Nevada Governor Brian Sandoval with NJC President William F. Dressel at the University of Nevada, Reno

Safeguarding the Jury Trial

50th Anniversary Donors

INTERNATIONAL ACADEMY OF TRIAL LAWYERS: 50TH ANNIVERSARY TITLE SPONSOR

1. Excellent character and absolute integrity, 2. Superior skills and a recognized ability in trial and appellate practice, and

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CASE IN POINT

The National Judicial College’s mission is education - innovation - advancing justice. The International Academy of Trial Lawyers’ mission is to advance the rule of law and protect/promote the right to trial by jury. It is safe to conclude that the NJC and the IATL can find any number of crossover projects that advance both organizations’ objectives. Case in point: The IATL’s title sponsorship of and participation in the NJC’s Jury Trial in the 21st Century Symposium held this past June in Chicago. The conference explored 1) educating citizens on why jury trials are important to the rule of law and democracy, 2) promoting the use of the Expedited Jury Trial concept, and 3) the potential content/format of a Jury Trial Management Resource Guide for trial judges.

“The Academy was honored to be represented at the symposium,” said IATL President Herman Russomanno. “Several IATL members worked with all participants on the goal of preserving the jury trial, transparency in American courtrooms, and that trial lawyers, members of the noblest profession, work with the NJC to follow our solemn oath to make democracy work.”

In addition to Russomanno, the other IATL participants included former NJC Trustee Chair Michael Pope, NJC Board of Visitors Chair Robert Parks and Vice Chair Jim Bartimus and Board of Visitors members Cliff Edwards and Robert Clifford. The moderated symposium discussions identified several potential ways to safeguard the right to a trial by jury and promote the ability to receive a prompt, efficient and effective jury trial. These included: developing a presentation on the importance of jury trials that judges, lawyers and court staff can make in schools and the community; creating a webcast on expedited jury trials for judges and lawyers; and finally, producing a Judges Trial Management Resource Guide with a focus on what can be done to assist the jury in performing its responsibilities. In all, 44 judges, attorneys, law professors, NJC faculty and invited guests participated in the two-day symposium.

The relationship between the Academy and the NJC began in 2007 when the IATL Foundation became annual donors to the NJC. Their unrestricted funding enable the College to refresh its judicial education curriculum, as well as produce new initiatives. When the College explored the notion of a jury trial conference as part of the College’s 50th anniversary symposia series, the IATL immediately stepped forward to be the title sponsor.

The Academy is a group of elite trial lawyers representing both sides of the bar: in both criminal cases and civil litigation. The organization was chartered in 1954 with membership by invitation only and a maximum of 500 active fellows from the United States. In addition, the Academy includes members from over 30 countries. Trial lawyers are admitted to fellowship in the Academy only if they possess an exceptional degree of the following qualifications:

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3. Services rendered in promoting the best interest of the legal profession and the highest standards and techniques of advocacy.

Mr. Russomanno congratulated the NJC on its 50th anniversary and predicted a continuing relationship between the two entities.

“IATL looks forward to working arm in arm with the NJC well into the future not only on the products that will come from the jury trial symposium,” said Russomanno,” but also on the future of the administration of justice.”

CHEVRON: 50TH ANNIVERSARY RULE OF LAW SPONSOR 14

Energy Giant Supports Advancing Justice

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The National Judicial College is honored to have the support of donors who make our judicial education programs a reality. The NJC is happy to shine the spotlight on Chevron, one of the College’s biggest supporters.

Chevron is one of the world’s leading integrated energy companies involved in virtually every facet of the energy industry. The relationship between Chevron and the NJC began in 2007 when the company donated to the NJC’s Pillars of Justice Fund. This year, Chevron stepped up with a Rule of Law donation to sponsor the College’s three national symposia as part of the NJC’s 50th Anniversary. Since its first gift, Chevron has contributed more than $250,000 to make the company one of the NJC’s largest contributors. The Pillars of Justice Fund provides unrestricted giving that is directed to projects such as the Resource Guide for Managing Complex Litigation. In addition, Pillars gifts enhance the College’s curriculum and provide new educational offerings that are important for judges. The most recent initiative, an online, self-study course for new general jurisdiction judges to educate themselves about their new role is thanks in part to the generosity of Chevron Chevron’s support has been driven by Lydia Beebe, Chevron’s Corporate Secretary & Chief Governance Officer, and a trustee of the NJC. Why the company’s interest in the College?

“The rule of law is important to Chevron as well as to any company that operates around the world,” said Beebe.

“We believe in the sanctity of contracts and fair business dealings. Inevitably there are disagreements that end up in litigation. It is vital that the court be fair and credible to all parties involved. And that can only be achieved through an educated judiciary.”

Beebe noted that the College’s half-century of providing judicial education programming and its continuing affiliation with the American Bar Association gives the NJC credibility and prestige within the legal community. She also believes the more people learn about the College, the more they will want to become engaged.

“You know when you’re dealing with the NJC, you will be working with high quality, educated professionals in their respective fields,” said Beebe. “The board members, the faculty, the staff – I find them all to be very dedicated.”

BARRICK GOLD CORPORATION:

Pillars Donor Increases Funding

50TH ANNIVERSARY JUDICIAL CHAMPION SPONSOR

Barrick Gold Corporation, staunch Pillars of Justice Fund donors at the NJC for years, upped its annual contribution considerably to become Judicial Champion Sponsor of the College’s 50th Anniversary.

Barrick is the world’s largest gold producer. Based in Toronto, the company operates mines and advanced exploration and development projects on four continents. The company has been ranked as a world leader in social and environmental responsibility for five consecutive years by the Dow Jones Sustainability Index.

Barrick participates in and supports a vast number of non-profit educational, health and wellness, cultural and social service organizations. In 2012, the company provided more than 2,500 children in nine countries with scholarships. To learn more about Barrick’s commitment to responsible mining, visit www.barrick.com.

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An Online Course for New General Jurisdiction Judges

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The NJC makes this course available on a monthly basis to newly elected or appointed trial court judges.

Judges will have five weeks to complete the course. If they are unable to do so, they may sign up again to complete it. Upon completion, judges will receive a tuition reduction on a course at the NJC and a small gift. The NJC has sent invitations to all chief justices with copies to the state court administrators and state judicial educators about the availability of the course.

The content is not specific to a state or jurisdiction.

The course suggests to the judges that they should check their own state laws where relevant. Much of the content addresses the practical aspects of being a judge. While the NJC designed the course for trial judges, limited jurisdiction judges would receive benefit from it and are welcome to take it. Likewise, judicial educators who wish to review the course are welcome to do so. They simply need to contact the NJC’s registrar at 775-7846747 or send an email to registrar@judges.org. NJC

CASE IN POINT

or many years, the NJC has heard from judges about the unavailability of education for judges who have been recently elected or appointed. These judges often take the bench without any formal education other than a briefing from their future court clerks. To remedy this gap in education, the NJC created an online, self-study course for newly elected or appointed general jurisdiction judges to educate them about their new role. The course will take a judge between seven to nine hours to complete, and it includes readings, interactive quizzes, videos and case studies. The NJC advertised the free course to chief justices, state court administrators and state judicial educators. The NJC created the course with funding from the State Justice Institute (SJI) and NJC’s Pillars of Justice Fund. The course consists of four units: Welcome to the Course, Modules 1-4, Acknowledgments, and Help/Resources. The modules lead participants from Transition from Bar to Bench and In the Courtroom to Behind the Scenes and The Judge, the Court, the Community.

ADAPTING TO 21ST CENTURY

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TECHNOLOGY

THE NJC EMBRACES WEBCASTS, VIRTUAL SERVERS & THE CLOUD

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eginning in 2001, The National Judicial College (NJC) made one of its priorities the strengthening of the College’s technology infrastructure. The addition of, or upgrades in, technology have given NJC new tools to improve on-site, off-site and distance learning education experiences by: • accelerating the integration of digital technology into curricular and outreach programming, • improving website interactivity, • providing protection for the NJC’s operating systems, • meeting the growing demand of staff, instructors and participants alike for access at any time/place to materials or resources, and • the ongoing focus on integration of adult learning theory and practice into all NJC education initiatives.

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“Education and the way people access it is ever changing,” said the NJC’s President William Dressel.

“It is not enough to just produce quality justice system education offerings, we must also keep current with technological advances to communicate content in a manner consistent with meeting judges’ and the justice system’s needs.”

One very visible manifestation of the College’s technology investment is the expansion of its webbased programs. In just the past five years, the number of offerings—whether it is a web course, a webcast addressing an emerging issue or a webcast presenting part of a course—has ranged from 70-90 offerings annually. A recent example of one online offering is a self-study course for recently elected or appointed general jurisdiction judges to introduce them to their

NEW

The consolidation of five servers onto one device will save the College $300,000 in operational costs. The server was made possible by a grant from the E.L. Cord Foundation.

new profession. To augment the webcast experience, the NJC has adapted the latest technology to create its own file sharing system. The NJC Cloud enables participants to enhance their instruction by downloading relevant materials such as presentations, photos, videos, etc. from a variety of devices with an Internet connection.

“While in-person courses remain extremely valuable because of the depth of the content and the opportunity to interact with the faculty and fellow judges,” said Dressel, “distance learning courses are a valuable educational resource for judges to supplement in-person education.”

Many digital technology advancements are visibly embedded throughout the College’s operations.

Instructors may now broadcast all or part of a live classroom session via the Internet in real time using a portable live web stream audio/visual hardware system now available for use in any NJC classroom or on the road. In addition to creating the aforementioned Cloud, the IT staff has greatly improved the interactive nature of the NJC by developing: • An email messaging system for enrollment communication and marketing, • An online employment application site, • An online file repository for delivering downloadable classroom materials, • An online course registration, enrollment and records service site, and • Smart classroom technology for the computer lab.

acquisition of a single piece of new hardware using virtualization software, five servers could be collapsed onto one physical server. The transition occurred seamlessly over the summer. While faculty and program staff did not notice the shift to a single device, the upgrade will be noticed by the College’s senior staff and trustees.

By reducing the number of servers, this virtualization technology will save the NJC an estimated $300,000 in operational costs over nine years.

This underscores another powerful motivation for the NJC to stay abreast of current technology advances: it makes good business sense. NJC

NJC PLANNED GIVING

To learn more about leaving a legacy, please contact Gretchen Alt Sawyer at (800) 25-JUDGE or alt@judges.org.

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Providing a bequest to the NJC in your estate creates a lasting legacy and invests in the future of the College. A gift made by will or living trust can be simple to arrange. A provision or amendment prepared by your attorney at the time you make or update your will or trust is all that is necessary. Not only does a bequest strengthen the NJC’s future, it also provides substantial benefits to donors.

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Leave a Legacy

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CASE IN POINT

Some upgrades are practically invisible. Until recently, the College’s IT infrastructure consisted of seven servers performing various duties in order to conduct daily business. Four of these servers were at their supported end-of-life and were candidates for replacement. IT staff determined that with the

The Robert Z. Hawkins Foundation funded the acquisition of the mobile webcast kit which can broadcast a live classroom session via the Internet.

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V. SUE SHIELDS

A Pioneer in the Legal Profession and One of the First Women to Attend the NJC

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By Stacey Sunday, NJC Communications Specialist

he Honorable V. Sue Shields was 25 years old when she was elected to the bench in 1964. At the time, the young and self-declared unprepared judge had no idea that she would become an influential member of the legal profession in Indiana. Judge Shields was the first female general jurisdiction state trial court judge in Indiana, the first woman to sit on the Indiana Court of Appeals, the first woman U.S. magistrate judge in the state, and one of the first women to attend The National Judicial College.

“After being elected in 1964, I was desperately looking for help to become a better judge,” said Shields.

Jim Richards, president of the Indiana Judges Association at the time of Shields’ election, had been to the College in 1964 and touted the NJC to Shields. In 1965, Shields attended the second offering of the fourweek long General Jurisdiction class.

“It was tough as a new judge to be gone a month,” said Shields. “But I was able to do it and it was the best experience I have had. Going to the College not only gave me a good foundation, but I gained the confidence I needed to be a judge.”

Shields also treasures the camaraderie that came from attending the NJC.

“I met valuable friends that I was able to have candid conversations with, and who helped me with any issues I was facing long after attending the College.”

Shields came back to the College as often as she could.

“I never had a bad experience,” she said. “Seeing how the College expanded on the campus in Reno was a great thing. Some states have in-state educational opportunities for judges, but they don’t compare to the experience in Reno at the NJC. You can’t get the crosspollination that occurs from learning with judges from other jurisdictions.”

Shields was a judge for 43 years before she made the difficult decision to retire at age 67. She has been inducted into the Academy of Law Alumni Fellows, the highest honor the Indiana University School of Law bestows upon its graduates, and she has received two lifetime achievement awards from the Indianapolis Bar Association.

After a lifetime of firsts and remarkable achievements, Shields now enjoys her retirement while playing golf and gin rummy, and spending time with her grandchildren. NJC

Lower Your ABA and Judicial Division Dues!

Grab your colleagues and form a group to take advantage of a low combined ABA and JD dues rate of $105.* The Public Service Group Membership program is an easy and efficient way for your office to manage individual ABA memberships through one centralized point.

Simply form a group of five or more through your courthouse or public service organization; half must be new ABA members. Designate a person as your group administrator to collect the payment and send it in along with an application form for each member. Then enjoy the benefits of both ABA and Judicial Division membership including:

✹ Subscriptions to the ABA Journal and The Judges’ Journal

✹ CLE Programs on the latest trends affecting the judiciary

✹ Opportunity for leadership, authorship,

involvement in judicial diversity initiatives

✹ Members-only access to special discounts

for publications, resources, programs, and social events

For more information, contact Jo Ann Saringer, Member Communications Specialist, at 1.800.285.2221 ext. 6259 or joann.saringer@americanbar.org. Learn more about the ABA Judicial Division at www.americanbar.org/jd.

*Minimum group size: 5 members. Fifty percent of the group must be new ABA members. Additional eligibility requirements may apply.

Presentation and TelePresence Technologies

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By Stacey Sunday, NJC Communications Specialist

INTERNATIONAL VISITORS A DELEGATION FROM KAZAKHSTAN VISITS THE NJC FOR A LIVE WEBCAST ABOUT HUMAN TRAFFICKING

Human Rights, presented a live webcast for the Kazakh delegates about human trafficking. Professor Coonan leads the multidisciplinary center’s efforts to educate and train a new generation of human rights advocates, track human rights issues and serve as an advocate for human rights nationally and internationally. He has served as the managing editor of the Human Rights Quarterly. He also has worked at the Department of Justice in the Executive Office of Immigration Review, litigated asylum and immigration cases nationwide, and has worked on various United Nations human rights projects. He joined the NJC faculty in 2011.

“The members of the delegation from Kazakhstan are working hard to eliminate human trafficking,” said Joseph Sawyer, distance learning and technology manager at the NJC. “Professor Coonan and the delegation discussed different approaches to solving similar types of human trafficking problems plaguing both Kazakhstan and the United States.”

The NJC provides educational programs and technical assistance to countries from around the world. This year alone, 70 representatives from 37 countries have visited the NJC. NJC

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Pictured (l to r): Colonel Kairat Orazali, police colonel and head of the Department on Combating Organized Crime, Ministry of Internal Affairs of the Republic of Kazakhstan; Judge Tolebay Kozhan, Supreme Court of the Republic of Kazakhstan; Mr. Tair Nazkhanov, senior partner, Nazkhanov and Partners Law Firm and chairman of Forum of Advocates ensuring the safety of victims of human trafficking; Major Nariman Kuldikov, police major and head of the Division on Combating Trafficking in Persons, Ministry of Internal Affairs of the Republic of Kazakhstan.

CASE IN POINT

s part of the U.S. State Department’s International Visitors’ Leadership Program, The National Judicial College and four Kazakhstani delegates discussed the impact of human trafficking both in the U.S. and in Kazakhstan. The Kazakhstani leaders are working on a plan to draft a human trafficking bill. While the Kazakhstan government recently has focused its efforts on human rights issues, it hasn’t always been that way.

In 1991, Kazakhstan became an independent country and two years later, the first constitution was created. The constitution was updated in 1995 and is what guides the country today, making it much more democratic. “[The constitution] facilitated huge economic transformations in Kazakhstan,” said Judge Tolebay Kozhan, Supreme Court of the Republic of Kazakhstan. “There have been huge changes in the law, and we are now catering more to the rights of the individual.” Judge Kozhan has 30 years of judicial experience and has served on Kazakhstan’s Supreme Court for 17 years.

With the implementation of the latest constitution, Kazakhstan has been able to increase the size of the middle class and motivate them to work for themselves.

“The economy is doing well,” said Judge Kozhan. “We are the fourth largest country to extract oil and have been able to become a market economy.”

Despite the new focus on human rights in Kazakhstan, there is still much to be done. “Right now, we are working on improving the criminal code,” said Judge Kozhan. This is why the delegates’ visit to the NJC to learn more about human trafficking is so important.

Terence C. “Terry” Coonan, executive director of Florida State University Center for the Advancement of

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NJC in Forefront of National

ANTI-HUMAN TRAFFICKING INITIATIVE

By Bob Gabrielli, NJC Grant Writer

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be trafficking victims. From recent State Justice a global perspective, the Institute (SJI)grant U.S. is principally a transit places The National and destination country for Judicial College front and trafficking in persons. center within a collaborative

This year, the SJI initiative to educate the approved a strategic multination’s judges about human pronged grant proposal trafficking, a pernicious developed by the Center for modern-day slavery “It is fairly common for judges Public Policy Studies, the market that is increasingly to come into the presentation Center for Court Innovation impacting the nation’s and The National Judicial thinking human trafficking isn’t courts. NJC first became College. The collaborative occurring in their jurisdictions, involved in educating judges but then they come to understand initiative cited as its key on human trafficking as a priorities: that a percentage of their sub-contractor through the • Increase understanding Upper Midwest Community cases involving prostitution, and awareness about the Policing Institute’s Bureau pornography and child abuse, for challenges faced by state of Justice Administration example, likely have trafficked courts, grant.

• Develop state and local victims at their core.”

Human trafficking approaches for assessing and is defined as men, women and children forced into addressing the impact of human trafficking victims and prostitution or labor. Worldwide, best estimates indicate defendants in the state courts, and that nearly 30 million people are trafficking victims. In • Enhance capacity to improve court services affected the United States, estimates for trafficking victims range by human trafficking related case processing demands. from 300,000 to more than 2 million people. Between NJC will be taking the lead in developing and 100,000 to 300,000 children in the U.S. - including conducting courses for judges related to human tens of thousands of juveniles labeled “prostitutes” - may trafficking. Terence C. “Terry” Coonan, the executive

DIVIDING THE WATERS RECEIVES “LYNCHPIN” GRANT

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The National Judicial College’s affiliate program Dividing the Waters was awarded a three-year grant from the S. D. Bechtel Jr. Foundation to continue to build a sustainable national judicial education program regarding water law, conflicts and adjudication. The grant will enable Dividing the Waters to continue to offer conferences (including this fall on instream flow), expand its network of judicial officers and water law professors, strengthen its information and publication resources and identify and cultivate sustainable sources of funding beyond the life of the multi-year grant.

“We are grateful for the S. D. Bechtel Jr. Foundation’s continued investment in Dividing the Waters,” said Alf W. Brandt, executive director, noting that this was the California-based foundation’s second grant to the program. “This funding is a critical lynchpin within our strategic plan as we transition from a regional water law resource for judges and water masters into more of a national resource. Conflicts over water continue to evolve and so do we.”

Dividing the Waters connects judges, special masters and referees who preside over complex water litigation to the information and education they need to resolve some of the most difficult disputes involving this precious natural resource, to provide for the needs of communities and the environment. Established in 1993, the program became affiliated with the NJC in 2007.

More details about Dividing the Waters can be found at www.judges.org/dividingthewaters.

CASE IN POINT | 2013 Issue

director of Florida State University Center for the Advancement of Human Rights and an NJC faculty member, has presented human trafficking courses in eight different states as well as conducted a national webcast.

“We’re pleased to lead the effort to educate judges about this issue,” said William Brunson, the director of special projects for the NJC. “And every presentation we conduct tends to generate additional workshop requests.”

The presentation begins with a global overview of human trafficking. The most vulnerable population, the poor and uneducated in any country, are particularly susceptible to being trafficked because of the lack of options and resources to obtain legal livelihoods. Sex trafficking especially snares young females. Professor Coonan provides jurisdiction-specific content and reviews the latest anti-human trafficking laws passed within that particular state. In recent years, nearly every state has stiffened penalties associated with trafficking and now all 50 states have anti-trafficking statutes that provide additional tools for victims and law enforcement.

“It is fairly common for judges to come into the presentation thinking human trafficking isn’t occurring in their jurisdictions,” said Brunson. “But then they come to understand that a percentage of their cases involving prostitution, pornography and child abuse, for example, likely have trafficked victims at their core.”

Jurisdictions most effective in combating sex and labor trafficking are those which pair social agencies with law enforcement agencies. Judges emerge from the presentations with a basic understanding of how to define human trafficking, apply human trafficking statutes to case studies, identify the prevalence of the crime in the U.S., differentiate between domestic and international victims and identify in-state statutory schemes.

“Enlightening,” wrote a judge who had attended a course at the Nevada Judges of Limited Jurisdiction conference this summer. “More (appropriate) to what we do than I previously thought. No question persons appearing in our courts, even at the limited jurisdiction level, include this population.”

SJI funding is underwriting NJC human trafficking presentations in an additional seven states. Additional states’ requests for presentations are being placed on a waiting list, pending the availability of funding. NJC

2014 COURSES

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at a Glance

For a full listing of NJC’s programs, workshops, web offerings and other educational initiatives visit www.judges.org.

COURSE DATES LOCATION JSP/CERT FEBRUARY Selected Criminal Evidence Issues February 10-March 28 Web G,S,T Tribal Court Development Fundamental Considerations for Tribal Leadership February 18-19 Reno, NV T Tribal Code Development - TLOA, VAWA and Non-Indians February 25-26 Reno, NV T

MARCH Evidence Challenges for Administrative Law Judges March 10-April 25 Web A Advanced Skills for Appellate Judges March 17-20 Reno, NV G Logic & Opinion Writing (JS 621) March 17-20 Reno, NV JS,A,D,G,S,T Essential Skills for Tribal Court Judges March 17-20 Reno, NV T

APRIL Civil Mediation April 7-11 Reno, NV A,D,G,S,T Court Management for Tribal Court Judges/Personnel (JM 690) April 7-11 Reno, NV JM,D,S,T Handling Small Claims Effectively April 7-May 23 Web D,G,S,T Conducting the Trial (JS 632) April 28-May 1 Reno, NV JS,D,G,S,T Judicial Writing (JS 615) April 28-May 1 Reno, NV JS,A,D,G,S,T General Jurisdiction (JS 610) April 28-May 8 Reno, NV JS,D,G,S,T

MAY Advanced Tribal Bench Skills: Competence, Confidence & Control May 5-8 Reno, NV T Tribal Court Development Fundamental Considerations for Court Professionals May 13-14 Reno, NV T Drugged Driving Essentials May 14-16 Reno, NV A,G,S,T Fourth Amendment: Comprehensive Search & Seizure (JS 645) May 19-22 Reno, NV JS,G,S Scientific Evidence and Expert Testimony (JS 622) May 19-22 Reno, NV JS,A,D,G,S,T Tribal Court Management of Alcohol and Drug Cases May 19-22 Reno, NV T

JUNE Special Court Jurisdiction June 2-12 Reno, NV D,S,T Special Court Jurisdiction: Advanced (JS 611) June 2-12 Reno, NV JS,D,S,T Ethics and Judging: Reaching Higher Ground June 2-July 18 Web A,D,G,S,T Pending and Declined Prosecutions in Indian Country: Coordinating with U.S. Attorneys June 9-10 Reno, NV A,D,G,S,T Administrative Law: Advanced (JS 649) June 9-12 Reno, NV JS,A,D Advanced Tribal Court Management June 16-19 Reno, NV T Judicial Philosophy and American Law June 23-26 Sedona, AZ A,G,S,T

JULY Decision Making (JS 618) July 14-17 Reno, NV JS,A,D,G,S,T ICRA: Protecting Rights in Tribal Court July 14-16 Reno, NV T Domestic Violence (JS 636) July 21-24 Reno, NV JS,D,G,S,T Handling Domestic Violence Cases in Tribal Court July 21-24 Reno, NV T Today’s Justice: The Historic Bases (JS 642) July 21-24 Washington, D.C. JS,A,D,G,S,T AUGUST Advanced Evidence (JS 617) August 11-14 Reno, NV JS,A,G,S,T Administrative Law: Fair Hearing (JS 612) August 11-21 Reno, NV JS,A,D,T Tribal Code Development - Writing and Amending Codes August 25-26 Reno, NV T

SEPTEMBER Current Issues in the Law September 8-11 New Orleans, LA D,G,S,T Advanced Issues Involving Co-Occurring Disorders September 15-18 Reno, NV G,S,T Writing for Tribal Judges September 15-17 Reno, NV G,S,T Special Considerations for the Rural Court Judge September 15-October 31 Web G,S,T Ethics for Administrative Law Judges September 22-November 7 Web A Ethical Issues in the Law: A Novel Approach (JS 619) September 29-October 2 Ashland, OR JS,A,D,G,S,T OCTOBER Enhancing Judicial Bench Skills (JS 624) October 6-9 Orlando, FL JS,G,S,T Traffic Issues in the 21st Century October 6-9 Reno, NV A,G,S,T Civil Mediation October 6-10 Reno, NV A,D,G,S,T Evidence Challenges for Administrative Law Judges October 6-November 21 Web A Management Skills for Presiding Judges October 13-17 Reno, NV A,G,S General Jurisdiction (JS 610) October 13-23 Reno, NV JS,D,G,S,T Ethics, Fairness & Security in Your Courtroom and Community October 20-23 Reno, NV A,D,G,S,T Child Custody Challenges: Evidence and Orders October 20-23 Reno, NV G,S,T Best Practices in Handling Cases with Self-Represented Litigants October 27-30 Santa Fe, NM A,D,G,S,T

NOVEMBER Dispute Resolution Skills (JS 625) November 17-20 Charleston, SC JS,A,D,G,S,T

TUITION | CONF. FEE $595 | None Call for eligibility Call for eligibility $595 | None Call for eligibility $995 | $245 $995 | $245 $1,195 | $285 $1,195 | $285 $595 | None $995 | $245 $995 | $245 $1,595 | $495 $995 | $245 Call for eligibility $745 | $195 $995 | $245 $995 | $245 $995 | $245 $1,595 | $495 $1,595 | $495 $595 | None $595 | $105 $995 | $245 $995 | $245 $1,245 | $395 $995 | $245 $745 | $195 $995 | $245 $995 | $245 $1,245 | $395 $995 | $245 $1,595 | $495 Call for eligibility $1,245 | $395 $995 | $245 $745 | $195 $595 | None $595 | None $1,245 | $395 $1,245 | $395 $995 | $245 $1,195 | $285 $595 | None $1,195 | $285 $1,595 | $495 $995 | $245 $995 | $245 $1,245 | $395 $1,245 | $395

Leadership at the Beginning

of Nevada, Reno’s campus. “Our offices were in the library and we would have to borrow classrooms,” said Hyde. NJC found its permanent home on the campus in 1971, when The Fleischmann Foundation produced funding for a judicial college building.

As the first full-time dean, Hyde had the responsibility of finding faculty for the College and so he worked closely with Ernest C. Friesen, Jr., previous dean. “Ernie had many recommendations,” said Hyde.

“Very quickly the positions were getting filled and it was very easy to get good people to the College.”

A year before Hyde became dean, Justice Clark expressed that, “Two years ago, the use of the word ‘education’ in connection with the judiciary brought raised eyebrows and the shaking of heads. There was a fear that if judges admitted a need for seminars, they would be confessing inadequacy. Today...the skittishness against the tag ‘education’ has been converted to genuine enthusiasm for more knowledge in judicial administration through education.”

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Judge Laurence “Larry” Hyde

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By Stacey Sunday, NJC Communications Specialist

CASE IN POINT | 2013 Issue

udge Larry Hyde has been a part of the College since its beginnings. He was a student at the NJC in 1964 at the College’s first class in Boulder, Colo., before quickly being nominated to become the College’s first full-time dean, serving from 1965-1974.

Hyde remembers the strong support that the NJC had from Supreme Court Justice Tom C. Clark and Chief Justice Warren Earl Burger. “They were a godsend for getting us started. Tom Clark asked me to be the dean of the NJC,” Hyde recalls. “I thought that the College was still in Boulder. I didn’t know it had moved to Reno. I needed to check out the schools there for my kids.”

He had only been to Reno once before, and was just starting off in his judicial career (three years on the bench), but he made the move from Jefferson City, Mo. to become the College’s dean. Just as Hyde had some reservations about Reno, so did others of the small town tucked in the Sierra Nevada mountains. “The NJC became the place to go for judicial education,” said Hyde. “So the Reno stigma did not last long.”

Hyde remembers that the first NJC courses in Reno were held in different places throughout the University

Hyde also recognized the radical notion at the time that judges would need education. “There was a feeling that we could get new judges, but not experienced ones,” he said. However that proved not to be the case and Hyde and others were surprised at the interest in the College from senior judges. “I discovered that judges with 10 or more years on the bench were interested in coming and that there was a lot of subjects they wanted to explore,” he said.

During Hyde’s tenure, state conferences were an important part of the NJC’s programming. “It was a new idea. We were bringing courses into the states, supporting state conferences and providing faculty and programming,” said Hyde. The courses at the College focused on state trial, general jurisdiction, and special courts. “We had about 2 or 3 summer classes and maybe a dozen more throughout the year,” he said.

The College continues to build on Hyde’s work in the early years and now annually educates approximately 5,000 judges and those whose careers are devoted to working in the justice system through courses, programs and webcasts. NJC

William F. Dressel

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SCHOLARSHIP ENDOWMENT

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he National Judicial College is proud to establish its first

Presidential Endowed Scholarship honoring retiring President William “Bill” Dressel for his

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13 years of outstanding service and leadership.

The Hon. William F. Dressel Scholarship Endowment will benefit judges from around the country with outstanding judicial education in perpetuity.

he NJC is proud to establish its first Presidential Endowed Scholarship honoring retiring President William “Bill” Dressel for his 13 years of outstanding service and leadership. His retirement culminates a distinguished career promoting the integrity and independence of the judiciary.

Bill’s 47 year legal career started in 1966 when he began practicing law and quickly became involved in community and bar association initiatives. In 1978, he was appointed as an 8th Judicial District, State of Colorado judge, served for 22 years and was retained in four general elections. He became involved in justice improvement initiatives at the state and national levels and was recognized in 1998 for his vision, leadership and commitment to improving the administration of justice. In 2000, he became the NJC’s 7th president; however, Bill’s history with the NJC dates back much further than that. In 1989, Bill joined the College’s faculty, teaching primarily ethics and court management courses and prior to becoming president, he served on the College’s Board of Trustees.

Bill has made an impact on the College that will last for years to come. “Innovation has been a part of Judge Dressel’s vision for the College,” said Mark G. Tratos, chair of the NJC’s Board of Trustees. “To meet new ways judges receive education, the College has dramatically expanded its web presence, offering 30-40 webcasts each year for judges without the financial means or time to take traditional classroom courses.”

“On Judge Dressel’s watch, the College created The National Tribal Judicial Center, one of the first institutions to address the specific needs of Native American and Alaska Native tribal law judiciaries. The curricula presented are innovative, sophisticated and designed to enhance the professional skills of tribal judges and personnel,” said Hon. Sophia H. Hall, immediate past chair of the board.

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Why Support Scholarships at The National Judicial College?

Many of our nation’s judges rely on scholarship assistance to attend NJC courses and programs and some are not able to attend without financial assistance.

This endowment will ensure that our country has a well-educated judiciary which is necessary to a fair and impartial justice system.

The NJC’s endowment is invested with Commonfund, an investment firm that manages funds for more than 1,500 educational institutions.

Interest from scholarship endowments (the corpus remains intact) provides financial assistance to judges each year in perpetuity.

Support the future of judicial education and honor retiring President Bill Dressel with a gift to this scholarship endowment.

Please visit www.judges.org to make a secure donation or contact NJC’s Development/Communications Director, Gretchen Alt Sawyer, for more information at (775) 327-8257 or alt@judges.org.

CASE IN POINT | 2013 Issue

Also in the years with Bill as president, the College has created specific educational programming to help educate judges in complex contemporary issues, such as, “Fracking and Water: A Workshop for Judges,” produced

by Dividing the Waters (DTW), an affiliate program of the College. “Dividing the Waters has appreciated President Dressel’s strong support for educating judges about water law conflicts,” said Alf W. Brandt, the program’s executive director. “His experience as a judge in Colorado, where water courts play a leading role in water management, gave him valuable perspective and understanding of our work with judges across the West.

Our program’s connection to the NJC originated in President Dressel’s understanding of the importance of water law for judges and we thank him for that.”

Bill has been a vital part of the NJC’s international programs by serving as faculty and traveling to other countries to assist with developing judicial education and court management programs. “President Dressel loves to teach and interact with international judiciaries.

His career-long interest in improving case management principles and practices and his unmatched expertise in this area have assisted a number of countries in their efforts to improve justice,” expressed William Brunson, the NJC’s director of special projects. To date, the NJC has worked with more than 150 countries on justice improvement measures.

During his 13 year tenure, Bill led the College through challenging economic times, diversifying its revenue, programs and collaborations. “Each year 3,500 to 5,000 judges and others within the judicial system have access to quality interactive educational initiatives,” said Hall.

The Presidential Endowed Scholarship established to honor President Dressel will benefit judges from around the country with outstanding judicial education in perpetuity. Many of our nation’s judges rely on scholarship assistance to attend the NJC’s courses and programs and some are not able to attend without financial assistance. This endowment will ensure that our country has a well-educated judiciary which is necessary to a fair and impartial justice system.

“Judge Dressel has served as a model of intelligence and passion for justice, inspiring those of us in the United States, and, also, visitors from abroad seeking to learn more about the American system of justice,” said Hall.

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SENTENCING SEX OFFENDERS

ASSISTANCE FOR JUDGES

By Joy Lyngar, Chief Academic Officer

Do you need assistance in sentencing, monitoring, apprehending, registering or tracking sex offenders?

Based on a survey conducted by the National Center for Missing and Exploited Children in October and November 2012, there were more than 736,000 registered sex offenders in the United States.

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ex offenses have always raised significant concerns within society as well as within the justice system. However in recent years, the impact on victims and families, the fear these crimes generate in the public, and the unique risks and needs posed by sex offenders have led to a review of specialized ways to manage offenders as a means to prevent future sexual victimization. The dynamics of sexual victimization and sex offending are multifaceted. Justice system response to sex offending requires involvement from a wide range of disciplines and agencies.

Jurisdictions across the country have recognized that the effective management of sex offenders is more than just supervision and treatment. Rather, it demands the thoughtful integration of these and other management components (including ensuring effective investigation, adjudication, and sentencing; assessment; reentry; supervision; treatment; and registration and notification). Perhaps as important, it is imperative to achieve ongoing collaboration among those who are responsible for carrying out these activities. As such, strategies to address these issues should involve the key agencies, organizations, entities, and individuals who have a stake and role in adult and juvenile sex offender management.

$1.8 MILLION TO NJC, CSOM & FIVE NATIONAL PARTNERS For almost two years, the NJC has been working on a project funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART Office - authorized by the Adam Walsh Child Protection and Safety Act of 2006). The award, over $1.8 million, was the largest single award ever made by the SMART Office.

The NJC is the lead on the project along with the Center for Sex Offender Management at the Center for Effective Public Policy and five other national organizations responsible for delivering the education, publication and technical assistance of the project: American Probation and Parole Association Center for Court Innovation Fox Valley Technical College National Center for State Courts National Council of Juvenile and Family Court Judges

RESOURCES FOR JUDGES Many sex offenders receive community based sentences and successful management/supervision of the offender in the community starts with a well-crafted, evidencebased sentence. Each one of the above-referenced 736,000 sex offenders was sentenced and either stayed in the community or returned after serving a term of incarceration. Judges who sentence convicted sex offenders face the daunting task of (1) identifying the sentencing factors that may be considered often based on the degree of discretion, the facts of the crime, defendant’s history, treatment needs, risk of reoffending, and correctional

or treatment resources; (2) understanding the reliability and applicability of psycho-sexual and other assessment tools utilized in assessing the offender, including risk of recidivism; and (3) determining what conditions of probation or supervision are available and appropriate, such as specialized treatment or restrictions pertaining to victim contact, employment, travel or other activities, or risk management strategies.

Judges are called upon to consider a continuum of supervision, treatment, and sanctions at various stages of the criminal justice process: bond/release; plea; sentencing; and revocation. Therefore, judges and other stakeholders in the criminal justice system must work together to determine appropriate orders and to fashion a sentence which includes comprehensive supervision and intervention plans to best manage the multitude of sex offenders upon their release or re-entry.

The NJC delivered three regional courses in which over 180 presiding (chief administrative) judges received 1.5-days of educational sessions on such topics as: Understanding Sex Offenders and Sexual Victimization; The Comprehensive Approach to Sex Offender Management; Assessing Sex Offenders: Treatment and Supervision of Sex Offenders; and, Sentencing, Including Conditions to Impose. The courses were held in Reno, Atlanta and Dallas. The NJC also offered webcasts on these topics which can be viewed on our “Recorded Webcasts” page at www.judges.org.

Once the NJC has finalized the curriculum has been finalized, it will be available through our website so that it can be replicated at state or local judicial conferences.

RESOURCES Several resources are being developed by project partners such as bench cards, checklists, and technical assistance briefs on specific topics in sex offender management.

Look for announcements when each product is released and made available on the NJC’s website.

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TECHNICAL ASSISTANCE & REGIONAL MULTI-DISCIPLINARY EDUCATION The NJC and the Center for Sex Offender Management are available to provide training and technical assistance to courts and stakeholders as a means of enhancing sex offender management initiatives within the Comprehensive Approaches to Sex Offender Management (CASOM) model.

Assistance can be offered in the forms of: • Multi-disciplinary training events to be provided in local jurisdictions regarding the CASOM model; and • Targeted technical assistance to address specific issues in order to support the efforts of the courts and their partners in enhancing sex offender management efforts.

Training and technical assistance will be available during 2013 and 2014. Because resources are limited, sites will be selected on a competitive basis. If you are interesting in receiving training or technical assistance, please go to www.judges.org/smart for information about the application process or contact Joy Lyngar at lyngar@judges.org. NJC

2013 Issue

With our Automatic Monthly Deduction Program, you can make an annual gift to the NJC affordable and convenient. To enroll, choose the amount of your yearly contribution and divide by the number of months (quarterly and annual drafts are also available). The NJC can securely charge your credit card or automatically withdraw the amount from your checking account.

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HAVE YOU CONSIDERED MAKING YOUR GIFT IN INSTALLMENTS?

CASE IN POINT

GIFT

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NJC OFFERS JUDICIAL RESOURCES FOR COMPLEX COMMERCIAL CASES

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n response to the expressed needs of the judges who attend courses at The National Judicial College, the NJC has developed a Resource Guide on Complex Litigation (Resource Guide) and a course focusing on complex commercial business court cases.

The guide was published in 2010 to assist busy trial judges who are assigned complex civil cases. The Resource Guide’s six chapters explore case management, discovery, trial preparation and pretrial conferences, and multi-party litigation, among other matters. The Resource Guide serves as a road map for negotiating the judge’s role in complicated cases and contains a number of helpful documents for trial judges, including a sample initial status conference order, case management order, and trial readiness conference order.

The information gleaned from the creation of the Resource Guide was used as a springboard to develop a new course for judges. March 7-13, 2013 was the initial offering of Complex Commercial/Business Courts Litigation. Forty-one judges from 24 states attended the course, which focused on managing complex commercial cases as well as the types of issues common in complex commercial and business court cases.

The course included two days of NJC’s Financial Statements in the Courtroom. This course, which

has been regularly offered since 1993, is funded by the American Institute of CPAs (AICPA). Over this time span, the NJC’s partnership with the AICPA has resulted in thousands of judges receiving education on fundamental accounting issues pertaining to financial statements, and on the role that judgment plays in accounting, audits, and business valuations.

Following the Financial Statements in the Courtroom portion of the course, the additional portions covered fundamental topics, such as business entities, the structure of business courts, forensic accounting, and complex case management, including the early disposition of cases, and explored more complex topics, such as e-proceedings, use of special masters, receiverships and dissolutions, business damages, and expert witnesses, as well as revisiting business valuation.

During this portion of the program, instruction by judges, practitioners, and experts was interspersed with panel discussions moderated by President William Dressel of the NJC. In addition to his role in moderating the panel discussion, President Dressel also led the participants in classroom sessions and discussions that provided a case management framework for these cases.

In these sessions, President Dressel covered principles found in the NJC’s case management pamphlet and

While the plans developed by the participants varied based on the needs of the particular judges and their particular courts, the following ten general principles covered during the course are applicable to all complex commercial case management plans:

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• Have in place a mechanism for the early identification of complex commercial litigation and actively supervise all proceedings.

• Take steps early to become familiar with the issues in the case and

anticipate problems that may arise, especially (electronically stored information) ESI.

• Schedule an initial case management meeting as soon as practical

and work with counsel to develop a comprehensive case management plan tailored specifically to the case.

• Regularly schedule case management meetings and require parties to prepare agendas for the matters to be discussed.

• Develop and manage a discovery plan; consider whether to appoint a special master to resolve manage discovery and resolve issues.

• Require parties to identify expert witnesses early; create a plan for managing expert witnesses.

• Explore settlement options with the parties by encouraging settlement discussions and helping the parties assess their cases realistically.

• Discuss with the parties alternative dispute resolution techniques that may be applicable to the case.

• Set a firm trial date to motivate parties to settle.

• Ensure adequate staffing to effectively and efficiently manage the litigation.

The NJC is currently working to create a version of the Complex Commercial/Business Courts Litigation program that could be held in partnership with states that wish to address how judges handle complex commercial cases. For additional information about the NJC’s Complex Commercial/Business Courts Litigation program, please contact Program Attorney John Newell at (800) 25-JUDGE. NJC

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To view a copy of The Resource Guide on Complex Litigation (Resource Guide), visit the NJC website at http://www.judges.org/pdf/complex-lit0110.pdf

CASE IN POINT

the Resource Guide for Managing Complex Litigation exploring application of those principles to their own courts and cases.

The goal of the course was to give judges the tools they need for assessing and presiding over complex commercial cases and a plan for how they could implement what they learned back home. Participants in the course met in small groups, and developed individualized case management strategies they could use in the complex commercial cases they hear. One attendee said of the course, “This course made it possible for me to have confidence in evaluating whether an ‘expert’ witness should be allowed or denied based on qualification, and also to properly evaluate the weight to be given to the expert’s testimony in areas of financial disputes.”

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September 2013

131st Jackson Lecture 33

130th Jackson Lecture

Abe Krash

View the complete lecture on the NJC’s Youtube Channel, www.youtube.com/user/NJCtv.

2013 Issue

The 131st Jackson Lecture looked to the future of the justice system and discussed how judges will impact it for the next 50 years and beyond. The lecture with Hon. Amy Davenport of Vermont focused on the idea that judges are given the responsibility to both improve the administration of justice, as well as advance the evolution of justice. There are a variety of ways judges can do this on and off the bench. “This is a calling,” said Hon. Amy Davenport. “It’s more than being a judge; go out into your community.” Hon. Davenport elaborated on the idea of advancing justice through work in the community, by including, when appropriate, involvement with the legislature or helping children to have a positive impression of the justice system. “I know that work off the bench can be tricky, but it is not impossible and it’s a part of your job to advance justice.”

Case management is another way to improve the administration of justice. There is a lot of data available to judges today that wasn’t around when Hon. Davenport took the bench almost 23 years ago. Knowing and understanding your backlog can help to secure a just and speedy process, which is especially important in times of scarce judicial resources and rising costs.

The final part of the discussion focused on judges’ roles in public trust and confidence in the justice system as well as access to justice. The public wants to see timely resolution of cases and feel that they had their chance to be heard. “They want to see that there is access to justice, legal help, whether it’s with interpreters or selfrepresented litigants, to name a few,” she said.

Hon. Davenport of Vermont was appointed as a Superior Court judge in October of 1990. She has presided in the civil, criminal and family divisions of Vermont’s trial courts.

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View the complete lecture on the NJC’s YouTube Channel, www.youtube.com/user/NJCtv.

& Hon. Dressel

CASE IN POINT

The year 1963 not only brought the creation of the NJC, but also a landmark U.S. Supreme Court decision.

While more than 80 judges were attending the College’s first class to expand their judicial knowledge, the U.S. Supreme Court was deciding Gideon v. Wainwright.

At 85, Krash is the last member of Clarence Earl Gideon’s U.S. Supreme Court legal team who is still alive.

With Gideon reaching its 50th anniversary landmark, Krash was the ideal choice to speak at the 130th Jackson Lecture during the NJC’s 50th year.

“In constructing the argument on behalf of Gideon, we had to deal with basically two problems,” Krash said. “Number one, we had to deal with the problem presented by adverse precedent. We had to deal with the fact that up to that point a lawyer had to be presented by a state court only if there were special circumstances.

The second problem we had was basically a question of federalism. A decision by the Supreme Court that counsel had to be appointed by the state court in every felony case would have been an intrusion by the Supreme Court into the administration of justice in the state courts.” This question of states’ rights was at the heart of the Gideon case.

To conclude his remarks, Krash discussed some possible remedial measures for the future. “If the Gideon decision is going to be effectively implemented, there are going to have to be different steps taken,” he said. Krash believes that the effective implementation of Gideon is the responsibility of bar associations, private law firms, courts and law schools to stand up and make clear why one cannot have a fair trial unless a defendant is adequately and competently represented.

Hon. Davenport

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By Stacey Sunday, NJC Communications Specialist

Remembering Justice Weisberger

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etired Rhode Island Supreme Court Chief Justice Joseph Weisberger passed away in December 2012, but his memory lives on through his wife Sylvia, his son, J. Robert “Bob” Weisberger, Jr., his daughter-in-law, Gail, and their two sons, Joe and Justin.

Chief Justice Weisberger first attended the NJC in 1965 for the then four-week long General Jurisdiction course. He became a very important member of the College over the years as a donor and as a founding member of the College’s Faculty Council. He served on the faculty from 1965-1999, and received the NJC’s V. Robert Payant Award for Teaching Excellence in 1989. His son, Bob, is now counsel at Edwards Wildman and president of the Rhode Island Bar Association. Bob remembers coming to the College all those years ago with his father and knew that someday he wanted to come back and bring his family. “I have so many wonderful memories of the other judges and their families, the University, the picnics at Bower’s Mansion, the pools at Hidden Valley and Stead Air Force Base, Lake Tahoe and Virginia City that I wanted to see as much of it again as I could, and show it to my family,” said Bob. Bob and his family took a trip across the country, eventually ending up in Reno at the NJC. “I had only seen pictures of the new NJC building, as I had not been to Reno since 1978. Thirty-five years is a long time. I was so impressed, not only by the building, but by the friendliness and collegiality of the staff, which had always been one of the great hallmarks of the NJC,” he said. They walked the halls of NJC, where Chief Justice Weisberger had made such an impact, and marveled at his reach from coast to coast. “It is amazing how many judges’

Chief Justice Weisberger’s Family Visits the NJC

lives he touched over the years that he taught at the College, as well as how much they touched our family’s lives, such as the Cunninghams, Overtons, Gilmores and the Ryans,” said Bob. “The people at the College during my time, like Larry Hyde, Beverly Hudson, Janice Madigan and so many others really became a part of our extended family.”

In 2009, the NJC recognized Chief Justice Weisberger for his outstanding contributions and dedication to improving justice. He was presented with the NJC’s Board of Visitors Advancement of Justice award at a reception sponsored by Adler Pollock & Sheehan P.C. “Chief Justice Weisberger was likely the greatest jurist in Rhode Island history, a legal icon,” said John Tarantino, shareholder at Adler Pollock & Sheehan P.C and a Board of Visitors member. “He was a terrific trial judge for many years and an outstanding appellate judge for the remainder of his long judicial career. He was a legal scholar, a wonderful teacher, a kind and humble man, and a true gentleman. Chief Justice Weisberger was respected and admired by generations of lawyers and judges.”

About his father, Bob said, “He had a long, happy life and a distinguished career. He was a towering intellect, a tremendous jurist and a wonderful husband and father. He was as down-to-earth as he was talented and the most selfless person I have ever met. I was very lucky indeed to have him as my father. He will be sorely missed.” NJC Bob Weisberger, Jr. (back row) with Communications Specialist Stacey Sunday, Gail, Justin, Joe and Assistant Registrar Julie Russell.

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NJC Creates Tools for Criminal Courts Struggling with Drug-Involved Individuals

“The Right Intervention...at the Right Time”

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You can learn a lot from those who work in the criminal justice field or who come into contact with the justice system. In addition to these sources, at the NJC, we are fortunate to have judges enrolled in courses in Reno, around the country or by web who have a lot to say. NJC staff members talk to the judges at breaks and lunches, facilitate classroom discussions concerning emerging needs in the field, and additionally ask judges to complete a form identifying areas where additional education or resources are needed. One topic repeatedly comes up: Besides drug courts, what can the justice system do to address the “drug- involved offender” (DIO)? Consider also the growing national awareness that DIO’s are “repeat offenders” with multiple entries into the criminal justice system and concerns that prisons are full of DIOs who have not been convicted of violent offenses.

It has been estimated that as many as 60 percent of arrestees in jail have positive drug tests. Considering that in the highest need communities, service networks are often fragmented or nonexistent resulting in the criminal justice system treating and rehabilitating druginvolved offenders. While some criminal justice systems have had notable successes in meeting these challenges, others continue to struggle. Thus, the concept arose for a project to explore what could be done to address this gap in responses and resources for our nation’s criminal justice systems. Drug court’s success is well documented but it is understood that it is not an appropriate response for all DIOs, nor are all eligible to participate in drug court. Thus, the issue was framed: how can we most effectively address the hundreds of thousands of DIOs who will intersect with the criminal justice system but will not be appropriate for drug court?

Policy advisors at the Bureau of Justice Assistance (BJA) in the U.S. Department of Justice are also concerned about DIOs. Addressing these individuals falls within BJA’s overarching principle “to reduce crime, recidivism, and unnecessary confinement, and promote a safe and fair criminal justice system.” BJA made funding available, and the NJC put together a consortium to explore solutions.

The team. The consortium was composed of a diverse group of criminal justice experts and leaders. The major partners on the project are the Pretrial Justice Institute, the Justice Management Institute, and the American Probation and Parole Association. However, the working group contained representatives from more than twenty national organizations representing numerous disciplines and perspectives in the criminal justice field.

Their mission became to define a systemic approach for criminal justice practitioners to do the right thing for the right people using the right interventions at the right time.

A monograph. On August 12, 2013, the NJC released Principles of an Effective Criminal Justice Response to the Challenges and Needs of Drug-Involved Individuals, a conceptual framework for criminal justice systems grappling with growing and high-need populations of addicted and substance using individuals. The Principles report outlines ten operating guidelines that define highly-successful system-level responses to address the needs of drug involved individuals. The report provides a roadmap for leaders and practitioners with guidance on how to identify the severity of substance use among defendants and offenders, how to address the diagnosed drivers contributing to the substance abusing behavior, and how to determine the level of intervention based on severity of substance use and on risk to reoffend.

An online matrix. As a compendium piece, the NJC and

Testing the implementation of the principles. BJA provided

its partners created the Criminal Justice System Matrix that provides practitioners with a guide to assist them with potential responses based on an individual’s level of substance abuse and his or her likelihood to reoffend.

A responsive criminal justice system uses each decision point in the case processing continuum as an opportunity to ensure that case disposition and sanctions are tailored to the individual in a way that will reduce future criminal behavior. A key assumption, based on the research about effective strategies for intervening with drug-involved individuals, is that the most intensive and costly interventions are reserved for those who will benefit most.

additional funding for a demonstration of the process of taking the principles and putting them into practice in diverse jurisdictions. The NJC worked with the Georgia Administrative Office of the Courts to identify three judicial circuits (urban, rural, and with diverse resources) willing to participate in a process of creating and following through on a six-month action plan to implement select principles with technical assistance from the project partners. At the end of the six-month timeframe, a report will be prepared for national dissemination which will discuss the lessons learned and which will have practical applicability for all jurisdictions trying to improve justice by responding more effectively to drug-involved offenders. NJC

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For more information, please contact Joy Lyngar at lyngar@ judges.org or 775-327-8263.

COLLABORATIVE MASTERíS & DOCTORAL PROGRAMS HIGHLY PRAISED

To learn more about the programs, please visit www.judges.org/jsp or www.judicialstudies.unr.edu.

2013 Issue

more beyond the typical minimum continuing education requirements.

The programs will challenge you, and they will help make you a better judge.”

The doctoral degree program, generously funded by the E.L. Cord Foundation, is the only one like it in the country for judges. “Nowhere else can I study under the best judges and judicial education professors that the world has to offer. To top it off, I also study with exceptional judges from every state in the union and many foreign countries,” said Denis Guest, Administrative Law Judge for the Cook County Department of Administrative Hearing and the Chicago Department of Administrative Hearings.

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with an intellectual assessment of the role of the American judiciary.

Judges who are interested in advancing their careers, learning more, and who want to be challenged benefit greatly from these programs. “Over 60% of master’s theses and doctoral dissertations from the judicial studies program are published, which indicates an extremely high rate of publications as a result of the programs,” said Dr. James Richardson, director of the program. “In addition, changes in law in some states are made because of the research undertaken by candidates.” To view graduate thesis excerpts, visit www.judicialstudies. unr.edu.

Judge Phillip Taylor of Georgia, a recent graduate of the doctoral program, lauded its benefits. He said, “The NJC, Nevada and NCJFCJ programs are important if you are a judge who wants to learn

CASE IN POINT

Since 1986, the Master of Judicial Studies Degree program has had a distinct impact on the field of judicial education, currently enrolling judge-participants from 33 states and several foreign countries. Because of the success of the master’s degree program and the desire by judges for education beyond a master’s degree, the Ph.D. program was added in 2001. To date, 133 master’s degrees and nine Ph.D.’s have been granted.

The master’s and doctoral programs demonstrate a strong collaboration between The National Judicial College, the University of Nevada, Reno (Nevada) and the National Council of Juvenile and Family Court Judges (NCJFCJ).

The three organizations combine their strengths of technical studies of the judiciary with academic courses that provide candidates

NTJC News 38

Hon. Superior Court Judge Paul Lyle (right) and Magistrate Judge Chris McLain (left) travelled to the Interior Village of Tanana in 2011 to conduct a Circle Sentencing hearing.

The trip was significant as it marked the first sentencing disposition of this type handled by a Superior Court Judge in the Fourth Judicial District in the State of Alaska.

Circle Sentencing in Alaska

By Stacey Sunday, Communications Specialist

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ircle Sentencing is an innovative effort that has made its way into the past two State of the Judiciary addresses in Alaska and has turned into one of the greatest tools to establish a relationship between rural communities and the Alaska court system. This process came about quite naturally, though it took around a year of careful planning and outreach in the villages of the Galena District to get feedback on the idea of restorative justice. Galena District Court Magistrate Judge Chris McLain spent a lot of time thinking through the process of circle sentencing in his district before he took his first trip to present the idea in person to villages in 2010. This required the cooperation of several different people and offices. “I had already mentioned this idea to the district attorney’s office and they thought

it was a good one,” McLain said.

“The public defender had already been visiting these villages to talk to his clients.” McLain also had the support of Alaska’s Chief Justices Walter Carpeneti and Dana Fabe; along with his district’s Presiding Judges Douglas Blankenship and Michael MacDonald. “This effort really began with Presiding Judge Blankenship urging us rural magistrates to get out to the villages we serve to increase our outreach efforts.”

“It really happened on its own,” he continued. “For our first sentencing circle we set up court and held hearings like we normally do. Afterwards, we had members of the community sit in a circle, and we spoke with them and answered any questions they had.” McLain listened to the community’s ideas on how the court could improve their

services out in the villages that he serves. “I had my gavel there, and we passed the gavel around so that only the one holding it could speak while the rest listened.”

The elders really appreciated McLain’s time because for many of them, this was the first time they had seen the state court process.

“They thought that I was just the state trooper’s boss and after their people were arrested and taken away, they would return home to the village hardened, different people,” said McLain. “To see the process and everything that was actually involved really meant a lot to them. Their chief at the time expressed to me the need for increased communication and cooperation between the state and the villages.”

McLain traveled to three or four more villages that first year.

State Magistrate Judges Darlene Johnson (Emmonak) speaking, Nancy Phillips (St. Mary’s), and Chris McLain (Galena) present State Court outreach processes including Circle Sentencing at a Tribal/State Conference held in the Village of Emmonak in 2012. The conference was significant because it created a forum which brought together State, Tribal and community officials in a manner which built trust, communication and cooperation regarding justice needs and efforts in the area. It also signified the Fourth District’s unified effort of judicial outreach which spanned from the Canadian border to the Bering Sea, a District larger than the size of the State of Texas, with as many diverse and unique cultures.

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they are important,” said McLain.

“This process has gone a long way to demonstrate to offenders that everyone has worth in village life.”

In the past couple years, McLain’s role has been to set up court in these remote villages and then hold open sentencing where he gets the community’s recommendations on sentencing. “Of course there are mandatory minimums and other things that I do have to impose. I also will impose jail time when I think it’s appropriate,” he said. “I think it’s a common misconception that people get off lighter on circle sentencing. It’s really hard for people to face their community and face the people that they’ve hurt.

However, this process has helped offenders, victims and communities to heal and work on their issues. ” Lisa Jaeger, tribal government specialist at the Tanana Chiefs Conference, has been working with McLain on these sentencing circles as a facilitator. “I think the

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CASE IN POINT

He attended several conferences to learn more about this process, including training at the University of Alaska Fairbanks on circles in the Yukon Territory. He taught for his first NJC conference in Anchorage on peacemaking. “I needed to find a way to promote restorative justice in these remote areas where there is less law enforcement presence, severe issues like alcoholism, and a lack of resources such as counseling,” he said.

Not only have these circles worked as roadmaps for offenders to come back into good standing with the community, they have had a positive impact on reducing recidivism and also have people in these villages feeling more upbeat and better about themselves. “We really started to see the magical effects happening outside of the court process. This restorative process has had a positive impact and showed offenders that they really mean a lot to their communities and that

therapeutic value for all participants is great,” she said. “Everyone walks away with something that has value to them.” Jaeger recognizes the need for more people to become trained in facilitating these circles so that they can have a greater impact.

“Being a circle facilitator involves a particular skill. You are trying to elicit certain kinds of responses and get a product out of the meeting that is restorative in nature for the defendant.” Mock circles have become an important training tool, but Jaeger feels that training also requires sitting in on actual sentencing circles, though it’s expensive to get out to these villages and conduct trainings and real circles. “It takes some dollars to do this process. The way that it’s being done currently, you have the judge and the clerk who are going into the village, plus the public defender and district attorney, and then I’m going out as the facilitator,” Jaeger said.

“Plus this takes a lot of time. Judges like Chris [McLain] are really going above and beyond the call of duty to do this. It’s not something that he’s required to do, but he can see the value in positive behavior change and meaningful community involvement.”

“It’s quite a chemistry of people that actually make this happen and we are really on a learning curve with this,” said Jaeger. “And maybe this learning curve will never stop, but these circles are so important in giving people value.”

“Village feedback has been that people in their communities are stepping up and choosing to make a positive change,” said McLain.

“Life is unique in bush Alaska, and it takes a lot of cooperation between the state and the villages for this

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to be successful. This is one more tool to help apply the state law that applies to all Alaskan citizens in a way that makes sense to the bush villages. We are at an all-time high for the state and villages working together.”

“I’ve been waiting for this for a long time,” said Jaeger. “It really is a partnership between the villages, the state, and the NJC with the Bureau of Justice Assistance grant that they are managing.”

McLain has served as a magistrate judge in the Galena District Court of the Alaska Court system since 2008. Judge McLain is an alumnus of The National Judicial College and joined its faculty in 2010.

Jaeger has served as tribal government specialist for the Tanana Chiefs Conference in Fairbanks Alaska since 1979. The Tanana Chiefs is a non-profit Native

corporation that provides technical assistance and service delivery to 37 federally recognized tribes in the Interior of Alaska. Lisa has undergraduate degrees in biology and secondary education, and a master’s degree in Northern StudiesIndian Law from the Universities of Arizona and Alaska. NJC

The Tribal Courts Classification Project

By Patricia Lenzi, NTJC Program Attorney

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he National Tribal Judicial Center (NTJC) recently completed a tribal court classification project under a grant awarded by the Bureau of Justice Assistance. The project was three-fold: (1) create a database of all tribal courts in the lower 48 states; (2) Create a survey that was distributed to tribes across the United States and (3) Use the information from both to create a database about tribal courts and a clickable publicly available map locating the courts.

The initial focus of the project is the lower 48 states, although a number of Alaska Native villages participated as well. The Alaska information will be added in the near future. The database used to create the map was completed in early 2013.

There are two different uses for the information.

First, the information was used to create a clickable map of the lower 48 states with pinpoints identifying the location of each tribal court. The map includes both courts from individual tribes and intertribal courts.

Importantly, the links on the map correspond to the physical location of the tribal courts themselves; not necessarily to the tribal headquarters. Where tribes have more than one court, the map shows each court’s location. Where multiple tribes use an intertribal court, there is a link to the intertribal court but not to each

tribe. The map can be used by tribal courts as a web presence in addition to the tribal court’s website or as the only web presence for a court if they do not already have one. The map allows visitors to obtain accurate directions to the court. The link on the map provides the physical and mailing addresses for the tribal court and is linked to an existing website for the court where tribal courts have websites. Local and state courts in a region do not always realize that tribes in their area have tribal courts, let alone that the tribal court may handle cases that overlap with the local and state courts. The map can be used to help identify multi-jurisdictional partners in the region. The map also provides links to tribal governments where there is no court currently.

As is evident from the screen grab of the map, there are many tribal courts within the communities of the 566 federally recognized tribes in the United States. The map will be regularly updated with information as tribes send it in. The database’s information will likewise be updated as the information is provided to the NTJC. The second use for the information was to create a database of information about tribal courts. The survey gathered location and contact information for the tribe’s court, whether it was in the planning phase, or as confirmation that the tribe has no court. The information

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CASE IN POINT | 2013 Issue

gathered will be used in several ways. First, it can be the requesting tribes to others further down the path used to provide more focused technical assistance to the of the planning changes. For example, tribes fund their tribes that responded. Second, it can be used to provide courts from a variety of sources including the tribe’s information to tribes which contact the NTJC with general fund, federal grants, state grants, private grants, questions about what other tribes are doing, and seeking civil penalties, fines, and fees. Each tribe, however, uses information on specific court functions. For example, only some of these sources for funding. Tribes can now some tribes have already added increased penalties under contact the NTJC to find out which tribes use a source the Tribal Law and Order Act of 2010. Other tribes are of funding that they want to seek, to find out how it contemplating adding the enhanced sentencing, but works in other tribes and how to make it work best for may want to contact the tribes which have implemented their own tribe. it to find out what issues came to light in enacting The survey information gathered includes whether this process. Third, state and local courts may contact there is a tribal court; how long it has been in operation; the NTJC to learn if tribal courts in their area handle if one is in the planning phase; the funding sources for criminal or traffic matters, supervise probationers, or the tribal court; the court hearings schedule; the court handle family law matters, building schedule; whether or other cases of interest. court personnel hold law The state or local court can degrees (judge, prosecutor, then consider whether to defense counsel, civil transfer cases to the tribal counsel); whether the tribe court in its region. uses traditional hearing The NJC distributed officers; whether the court is a 29-question survey in a traditional or Western style class to participants who of court, or a combination attended courses here at the of the two; bail and preNational Judicial College trial release information; over the past year, and the types of cases handled in an online survey that in court; the jurisdictional was sent in 2013 to tribal dollar and sentencing time The map can be found at court participants who have limits for the court; whether www.judges.org/ntjc/map attended courses here in the the court has implemented past several years. enhanced sentencing under TLOA; whether the tribe The survey also gathered different details about the has implemented special criminal jurisdiction over noncourt, including funding sources for the courts; the types Indians under VAWA 2013; the appeals process and the of cases handled; how often the court meets; whether appeals body for the tribal court. the judge, defense, prosecutor or civil law advocates Tribal court representatives who provided are state-licensed attorneys or not; whether the tribe information at the various courses this year seemed very has or is seeking to expand criminal jurisdiction under interested in seeing the map, and seeing how their court the Violence Against Women Act 2013; and whether compares to other courts in their area, and across the the tribe has or is seeking to use enhanced sentencing United States. under the Tribal Law and Order Act of 2010. With this When seeking grants in the future, tribal courts information available, other tribes seeking to expand will be able to use the data the NTJC gathered to show the use of their own courts will be able to contact how their own court “stacks up” alongside other tribal tribal courts directly who have already gone through courts in the United States. The project provides both a the process – to gather pros and cons of the work done great snapshot and in-depth view of tribal courts in the when considering the same court caseload expansions United States. We hope you enjoy looking over the map for themselves. When tribes contact the NTCJ to find and finding out about the data we can provide. NJC out if any other tribe has accomplished, or is in the process of adding some of these features, we can refer

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NJC Board of Trustees

Mark Tratos

Peter J. Neeson, Esq.

The National Judicial College is pleased to announce that Mark Tratos was recently named chair of the NJC’s Board of Trustees (BOT) for the 2013-2014 term at the Board’s June 2013 meeting.

“I am honored to serve as chair of the board for the NJC because its mission is to ensure the quality of justice by providing for an educated judiciary,” said Tratos. “For most of the world, it is this country’s ability to rely upon the integrity of its justice system, which makes it a model. We support and sustain the American judiciary by providing ongoing education to underpin the rule of law, and promote the confidence in the judiciary that our citizens maintain,” said Tratos.

Tratos focuses his practice on a variety of intellectual property, entertainment and litigation matters involving trademark, copyrights, domain names, rights of publicity and privacy law, brand development and protection strategies and enforcement and infringement

litigation for a wide variety of clients. He has been a member of the adjunct faculty of the University of Nevada, Las Vegas (UNLV) for more than 25 years. He teaches at UNLV’s William S. Boyd School of Law, UNLV’s Hotel College and the UNLV College of Fine and Performing Arts. He serves as chairman of the Board of Advisors and a member of the Board of Trustees for the Smith Center for the Performing Arts, is vice chairman of the Board of Trustees of the Lewis and Clark College and Chairman of the Lewis and Clark Law School Board of Advisors. Mark has served on the NJC’s Board of Trustees since 2008.

Also at the June meeting, Peter J. Neeson, Esq., of Rawle & Henderson, LLP became chairelect of the Board of Trustees. New members include Hon. Toni E. Clarke, associate judge of the 7th Judicial Circuit Court in Maryland, Hon. Michael Eakin, justice with the Pennsylvania Supreme Court

in Harrisburg, Kim Dean Hogrefe, Esq., senior vice president and worldwide claim technical officer with Chubb & Son and William T. Robinson, III., Esq., of Frost Brown Todd, LLC. The NJC’s 18-member Board of Trustees sets policy, fosters a climate of excellence, promotes the development of innovative judicial education programs and provides leadership in achieving the NJC’s mission.

The NJC’s Board of Visitors (BOV) also convened in June with Robert L. Parks, Esq., of the Law Offices of Robert L. Parks in Florida as chair and James L. Bartimus, Esq., of Bartimus, Frickleton, Robertson & Gorney in Kansas as vice-chair. The goal of the NJC’s Board of Visitors is to create a forum where individuals who believe in the importance of quality judicial education and the independence of the judiciary can contribute in a way that will leave a long-lasting impact on the justice system and society. Members serve as goodwill ambassadors of the NJC by enhancing awareness of the College and assisting with fundraising efforts.

All of us at the NJC look forward to working with our new Board of Trustee and Board of Visitor leadership and members.

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N E W S

NJC Board of Visitors The National Judicial College’s Board of Visitors share in the College’s mission of education – innovation – advancing justice and are charged with furthering the NJC’s goal of providing excellence in judicial education. The Board welcomes new members Chancellor William B. Chandler, III, A. Clifford Edwards and John L. Holcomb.

Chair Robert L. Parks, Esq. (FL) Law Offices of Robert L. Parks, P.L. Vice-Chair James R. Bartimus, Esq. (KS) Bartimus, Frickleton, Robertson, Gorny, P.C. Members

Dividing the Waters Board of Advisors The DTW’s Board of Advisors includes leaders in the water resources community who are dedicated to improving the management and outcomes of general stream adjudications and other complex water-related litigation.

David R. E. Aladjem, Esq. (CA) Downey Brand LLP Steven E. Clyde , Esq. (UT) Clyde Snow & Sessions John B. Draper, Esq. (NM) Montgomery & Andrews Eric L. Garner, Esq. (CA) Best Best & Krieger

David J. Beck, Esq. (TX) Beck, Redden & Secrest, L.L.P.

Adam W. Gravley, Esq. (WA) Van Ness Feldman

Chancellor William B. Chandler III, Esq. (DE) Wilson, Sonsini, Goodrich & Rosati

Thomas C.Jensen, Esq. (DC) Holland & Hart

Jack Balagia, Esq. (TX) ExxonMobil

Hon. Leonard S. Chauvin, Jr. (KY) Patricia T. Clarey (CA) Health Net, Inc. Timothy R. Donovan, Esq. (NV) Caesars Entertainment A. Clifford Edwards, Esq. (MT) Edwards, Frickle & Culver Stephen F. English, Esq. (OR) Perkins Coie John L. Holcomb, Esq. (FL) Hill Ward Henderson William H. Hurd, Esq. (VA) Troutman Sanders Irwin A. Molasky, (NV) Paradise Development, Ltd. Stephen G. Morrison, Esq. (dec.) (SC) Nelson Mullins Riley & Scarborough, LLP Peter C. Neumann, Esq. (NV) Charles E. Patterson, Esq. (CA) Morrison & Foerster, L.L.P. James W. Quinn, Esq. (NY) Weil, Gotshal & Manges, LLP Marsha J. Rabiteau, Esq. (CT) Legal Policy Strategies Group

Mary Massaron Ross, Esq. (MI) Plunkett Cooney P.C. Hon. Alexander M. Sanders, Jr. (SC) John A. Tarantino, Esq. (RI) Adler Pollock & Sheehan, P.C. Blake Tartt, Esq. (TX) Beirne, Maynard & Parsons L.L.P. Richard Willard, Esq. (DC) Steptoe & Johnson, LLP

Douglas W. MacDougal, Esq. (OR) Marten Law PLLC Maria O’Brien, Esq. (NM) Modrall Sperling Terese (T. C.) Richmond , Esq. (WA) Van Ness Feldman Irma S. Russell (MT) University of Montana / Prof. of Law Paul S. Simmons, Esq. (CA) Somach Simmons & Dunn

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Attorney General Ellen F. Rosenblum (OR)

James S. Lochhead (CO) Denver Water

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Hon. James D. Rogers (MN)

Sarah A.Klahn, Esq. (CO) White & Janowski LLP

CASE IN POINT

Ed Neugebauer, Esq. (PA) Aetna

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Dr. Gordon I. Zimmerman, a University of Nevada, Reno Professor Emeritus received a plaque from President Dressel for his 40th year of teaching for the NJC.

Hon. Karl B. Grube, senior judge, St. Petersburg, Florida was recently awarded two professional certificates in judicial development: General Jurisdiction Trial Skills and Special Court Trial Skills. He is pictured here with Program Attorney Melody Luetkehans and Director of Special Projects William Brunson. Judge Grube is an alumnus of The National Judicial College, a former member of the Faculty Council, and has served on the faculty since 1983.

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THE NJC WELCOMES NEW STAFF

NJC Academic Director, Katheryn Yetter recently recognized Widener School of Law Associate Provost and Dean Linda L. Ammons with an award for her 20 years of service to the NJC.

The NJC Academic Department welcomes Christal P. Keegan as a new program attorney. Prior to moving to Reno, Ms. Keegan practiced law in Honolulu, Hawaii. She also has experience in an education institutional setting as the former assistant director of compliance at The University of Hawaii, Manoa’s Athletic Department. She is a graduate of San Diego State University, holding a B.A. in economics, and obtained her J.D. at Vermont Law School.

Irene Q. Hart is a native of Reno, Nevada. Prior to joining the NJC as a program attorney, Ms. Hart practiced bankruptcy law and insurance defense litigation. Ms. Hart is a member of the Nevada State Bar, The Washoe County Bar Association, the Northern Nevada Women’s Law Association, and volunteers at Nevada Legal Services. Ms. Hart is a graduate of the University of Nevada, Reno, holding a B.S. in biology, and obtained her J.D. at Florida Coastal School of Law.

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Karan

IN MEMORY

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The NJC is saddened by the recent passing of retired Miami-Dade Judge Amy Karan, a member of NJC’s faculty and a friend to many at the College. Judge Karan joined the faculty of the NJC in 1998, served on the Faculty Council, and was also a faculty member for the college’s online course Selected Issues in Criminal Evidence.

She received the V. Robert Payant Award for Faculty Excellence from the College.

Judge Karan died at the age of 54. She is survived by daughter Amber Kornreich, a student at Florida International University College of Law. “Judge Karan was an innovative and energetic judicial educator. She was tireless in her efforts to improve the lives of victims of domestic violence. For me, she was an amazing friend who brightened my life and all those she touched,” said NJC staff member Joseph Sawyer.

Professor Henry Friedlander, Ph.D., of Bangor, Maine died October 17, 2012. Professor Friedlander taught for over ten years at the NJC starting in 1997 for the course, When Justice Fails: Threats to the Independence of the Judiciary. The Holocaust is used as an example of the failure of judicial independence. Professor Friedlander was a Holocaust survivor and shared with students his actual memories of the encampments.

Eugene Brooks McLemore died August 15, 2013 in Georgia. The World War II veteran was a graduate of the NJC.

Dwight D. Opperman, former head of West Publishing Co. and supporter of the NJC died June 13, 2013.

Opperman played a key role in developing Westlaw, one of the primary online legal research services for lawyers and legal professionals in the United States. Opperman held a number of board positions at various institutions and became an active philanthropist, establishing a number of scholarships at his alma mater. As a champion of the justice system, he was also a donor to the NJC for over 20 years.

Judge Clarence McDade, former National American Indian Court Judges Association Board Member and a tribal judge in Nevada passed away on August 10, 2012, in Reno, NV. Judge McDade was featured on the cover of NJC’s Case In Point magazine.

Dr. Robert Harvey, November 24, 2012, Reno, NV

Arbitrator Neva Neal passed away on February 15, 2013 after a long struggle with cancer. She served as an arbitrator for 27 years.

Hon. Fred Kieser, August 18, 2012, Metuchen, NJ

Hon. Norman Hodges, August 5, 2012, Silver City, NM Hon. Donald Jarvis, July 15, 2012, San Francisco, CA

Hon. William Munnell, March 1, 2013, Reno, NV

Hon. Patricia Stearns, June 19, 2013, Nixon, NV Hon. Joseph Weisberger, December 7, 2012, Providence, RI Hon. Richard Young, January 4, 2013, Trenton, NJ

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Hon. John Ruffin, November 1, 2012, Atlanta, GA

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CASE IN POINT

Leo Whinery, Sr., a long-time professor at the University of Oklahoma and member of the NJC’s faculty passed away November 11, 2013. Professor Whinery is a founding member of the NJC’s Faculty Council and served two terms as chair. He was a longtime donor to the College, including donating the profits from his publication, The Judge’s Evidence Bench Book, published in 2004 by Thomson/West, to the College.

Prince Hawkins, Esq., April 20, 2013 Reno, NV

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N e w s NJC Recognized as Northern Nevada International Center’s 2013 Global Corporate Citizen

The Northern Nevada International Center named The National Judicial College as its 2013 Global Corporate Citizen at its 14th Annual Global Gala, March 29, 2013, in Reno, Nev. This year’s gala theme was “Why Reno?”

The NJC was among six other corporations, non-profit or educational organizations, and government agencies operating in Northern Nevada that were nominated for the award.

To be nominated for this award, the NJC needed to demonstrate: 1) Why it has reached beyond the U.S. to establish linkages and partnerships with foreign governments, organizations, businesses, trade groups or schools; 2) Its impact on Northern Nevada’s communities and its economy; and 3) To go along with the gala theme, why Reno is the right place for this organization.

Since 1988, the NJC has been involved in international judicial education when it presented its first course entitled Chile: The Judicial System and Transition to Democracy. The NJC develops special curricula regularly to meet the needs of the thousands of international visitors who come to the College seeking ways to enhance their own judicial systems.

To date, more than 3,000 foreign judges from more than 150 countries have received education at the NJC. In the past seven years alone, the NJC has assisted judicial training institutes in Jordan, Kazakhstan, Kosovo, Kyrgyzstan, Liberia, Serbia, Tajikistan, and Ukraine. The College assisted the judicial training institutes (JTIs) with their management practices, developing state of-the-art, comprehensive curricula, and conducting excellent education utilizing adult education principles and practices.

As a nationally and internationally recognized and respected institution of higher learning, the NJC’s presence in Reno adds to the stature of the community. The College’s courses and conferences bring in professionals from all over the United States and many foreign countries. These guests see Reno’s magnificent scenery and discover that the gaming that western Nevada is known for is only a small part of the rich culture.

William Brunson, Esq., director of special projects at the NJC, attended the gala and accepted the award on behalf of the College. “I was honored to accept the award on behalf of the NJC especially in light of the fact that we were competing against tremendously successful Reno-based companies including Kimmie Candy Co., NIREC (Nevada Institute for Renewable Energy Commercialization), ElectraTherm, Inc., NOW Foods, Dermody Properties and McClelland Laboratories, Inc. The NJC enjoys working with developing democracies because we always learn so much from the educational process, and the learners are appreciative of the help we are able to provide,” he said.

Chief John Muffler of the U.S. Marshals Service Awarded The NJC has awarded John Muffler, administrator of the National Center for Judicial Security (NCJS), Judicial Security Division, with a plaque to commemorate his five years of service as a faculty member of the College. Chief Muffler is one of three U.S. Marshals Service employees on the NJC faculty, along with NCJS Deputy Administrator Robyn Anderson, and Chief Deputy United States Marshal Todd Nukes, Northern District of Indiana. In the years of partnership between the NJC and the USMS, the trio has educated hundreds of federal, state, local, tribal and international judges on court security, personal security, offsite security and risk mitigation strategies. NCJS has authored several articles for the NJC’s Case In Point magazine highlighting these security best practices.

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40 YEAR AWARD Dr. Gordon I. Zimmerman (NV) 25 YEAR AWARD Hon. Karen L. Hunt (AK) 20 YEAR AWARD Dean Linda L. Ammons (DE) Prof. Ronald R. Hofer (WI) Hon. Peggy Fulton Hora (CA) Mr. Carl D. Liggio (MD) Prof. Douglas Lind, Ph.D (ID) NJC Finance Director Wins Staff Excellence Award

The NJC’s Faculty Council selected Mary Price as the 2012 recipient of the Staff Excellence Award for excellence in service to the faculty of the NJC. The award was presented to Ms. Price by Faculty Council member, Professor Ron Hofer and President Dressel. Price joined the NJC in 1998.

15 YEAR AWARD Hon. Deborah A. Agosti (NV) Hon. Efrain Alvarado (NY) Prof. Steven M. Platau (FL) Hon. Margaret Poles Spencer (VA) Prof. Scott E. Sundby (FL) Hon. Ramona F. Tsosie (AZ) 10 YEAR AWARD Hon. Thomas E. Cheffins (AZ) Prof. Thomas K. Clancy (MS) Hon. Jess B. Clanton Jr. (OK) Hon. Stephen S. Goss (GA) Hon. Teresa L. Liston (OH) Mr. Donald R. Mason (MS) Mr. Jan W. Morris (AK) Dr. Jack W. Nowlin (MS) Hon. Earl G. Penrod (IN) Hon. Joseph M. Troy (WI)

Hon. Adam Fisher, Jr. of South Carolina was awarded the 2012 V. Robert Payant Award for Teaching Excellence by President Dressel. Judge Fisher has been teaching for the NJC since 1992.

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President Dressel was awarded the 2013 V. Robert Payant Award for Teaching Excellence in September 2013.

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Hon. Fisher Awarded 2012 Payant Award

5 YEAR AWARD Hon. Anthony J. Baratta (DC) Prof. Todd Bower (CA) Hon. James E. Dehn (MN) Hon. Jane D. Fishman (FL) Mr. Richard M. Frank (CA) Ms. Mishal Tooyak Gaede (AK) Hon. Stephen L. Gizzi Esq. (CA) Hon. Counrtenay W. Hall (NY) Mr. Kevin M. Illingworth, Esq. (AK) Hon. O. John Kuenhold (CO) Dr. Daniel F. Luecke (CO) Ms. Joy D. Lyngar (NV) Hon. Catherine D. Shaffer (WA) Mr. John F. Muffler (VA) Ms. Kimberly Papillon (CA) Hon. James M. Redwine (IN) Hon. Inta M. Sellars (MN) Dr. Robert Shubinski (NV) Hon. John P. Smith (MN) Hon. Louis Thayer (MN)

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JUDICIAL STUDIES PROGRAM GRADUATES

Hon. Wade Thomas Minahan Family Court (OH)

Ph.D. Hon. Walter Brudzinski (NY) Hon. Jerry Looney (AR) Hon. Philip Taylor (GA) Master’s John T. Simpson (GA) Jack W. Smith (AK) John Milton Younge (PA)

Hon. Robert S. O’Neal Dept. of Alcoholic Beverage Control (VA)

PROFESSIONAL CERTIFICATE IN JUDICIAL DEVELOPMENT GRADUATES

Hon. James E. Wilson District Court (NV)

Hon. Richard D. Osburn Mille Lacs Band Tribal District Court (MN) Hon. Lisa M. Rau Court of Common Pleas (PA) Hon. John H. Schumacher U.S. Occupational Safety & Health Review Commission (CO) Hon. Douglas G. White Social Security Administration (TN)

General Jurisdiction Trial Skills Administrative Law Adjudication Skills

Hon. Mark L. Allred U.S. Air Force Trial Judiciary (MD)

Hon. Patrick B. Augustine U.S. Occupational Safety & Health Review Commission (CO)

Hon. Michael E. Bortner Court of Common Pleas (PA)

Hon. Anthony W. Cummins U.S. Merit Systems Protection Board (VA)

Hon. Karl Barney Bloom Superior Court (VT) Hon. Victor J. Clyde Justice Court (AZ) Hon. F. Kenneth Eichwald Magistrate Court (NM) Hon. Teri L. Feasel Justice Court (NV) Hon. Tina R. Gallegos-Garcia Magistrate Court (NM) Hon. David Joel Garnett Magistrate Court (NM) Hon. Larry Stephen Jones Magistrate Court (NM) Hon. Russell D. Martin

Magistrate Court (NM)

Hon. David R. Harrison Dept. of Insurance, Administrative Hearing Bureau (CA)

U.S. Air Force Trial Judiciary (Germany)

Hon. Karen P. Mitchell

Hon. Timothy J. Finn

Magistrate Court (NM) Hon. James E. Moncayo

Hon. Michael D. Jacobs (Ret.) California Dept. of Insurance (CA)

District Court (IA) Hon. Gregory A. Gross

Magistrate Court (NM)

U.S. Army Trial Judiciary (TX)

Hon. Chris A. Najra

Hon. Karl B. Grube County Court (FL)

Magistrate Court (NM)

Hon. Gail H. Hagerty District Court (ND)

Magistrate Court (NM)

Hon. Michael J. Hargis

Magistrate Court (NM)

Hon. Robert S. O’Neal Dept. of Alcoholic Beverage Control (VA) Hon. Kristin L. Rosi Dept. of Insurance, Administrative Hearing Bureau (CA)

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Hon. Kimberly Carlton Bonner County Court (FL)

Hon. Dawn R. Eflein

Hon. Bruce W. MacKenzie Office of Disability Adjudication & Review (AL)

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Hon. Christopher J. Arakas Summary Court (SC)

Magistrate Court (NM)

Hon. Douglas M. Long Public Utilities Commission (CA)

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Hon. George Anaya, Jr. Magistrate Court (NM)

Hon. Richard D. Eadie Superior Court (WA)

Hon. Eric L. Dillow Retired USAF Judge (NE)

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Hon. Joseph T. Clark Court of Common Pleas (OH)

Special Court Trial Skills

U.S. Army Trial judiciary (VA) Hon. William A. Herauf District Court (ND) Hon. Michael I. Jeffery Superior Court (AK)

Hon. Richard W. Vitaris U.S. Merit Systems Protection Board (GA)

Hon. James R. Jordan

Hon. Keith P. Henry NV State Gaming Control Board

Hon. Hans J. Liljeberg District Court (LA)

Dispute Resolution Skills Hon. John P. Bessey Court of Common Pleas (OH) Hon. Eric L. Dillow Retired USAF Judge ­( NE) Hon. Charles C. Hale U.S. Navy-Marine Corps Trial Judiciary (DC) Hon. David R. Harrison Dept. of Insurance, Administrative Hearing Bureau (CA) Hon. Michael D. Jacobs (Ret.) California Dept. of Insurance (CA) Hon. Michael I. Jeffery Superior Court (AK) Hon. Melissa Lin Jones Dept. of Employment Services (DC) Hon. Richard W. Vitaris U.S. Merit Systems Protection Board (GA) Hon. E. Savannah Little Office of Administrative Hearings (DC)

District Court (TX)

Justice Laurie McKinnon Supreme Court (MT) Hon. Rosalyn K. Robinson Court of Appeals (PA) Hon. David L. Shakes U.S. Army Reserve Judge (CO) Hon. Barry A. Sims Sixth Judicial Circuit (AR) Hon. Valorie J. Vega District Court (AK) Hon. Richard F. Walsh Circuit Court (IL) Hon. Hollis L. Webster Circuit Court (IL) Hon. James E. Wilson District Court (NV)

Hon. Sandra K. Miera

Hon. Santiago Jim Naranjo Hon. Joe Felix Pena Hon. Martha M. Proctor Magistrate Court (NM) Hon. Richard A. Van Dyk Magistrate Court (NM) Hon. Valorie J. Vega District Court (AK) Hon. Karl B. Grube County Court (FL) Hon. Richard K. Jackson Fort Peck Tribal Court (MT) Hon. Bradley D. Mayer Summary Court (SC) Hon. Cynthia C. Sanders Magistrate Court (NM) Hon. David L. Shakes District Court (retired U.S. Army Reserve Judge) (CO)

Tribal Judicial Skills Hon. Jessica R. Bear Meskwaki Tribal Court (IA) Hon. Lisa M. Lomas Warm Springs Tribal Court (OR) Hon. Richard D. Osburn Mille Lacs Band Tribal Court (MN) Hon. Val R. Panteah Pueblo of Zuni Tribal Court (NM) Hon. Glendon N. Smith Warm Springs Tribal Court (OR)

Donors 2 0 1 2

D on ors

Crew

D i r e c t o r o f D e v e l o p m e n t / C o m m u n i c at i o n s

49

Gr e t c h en A LT S aw y er

Dear Readers, The NJC is enormously grateful for the support from our alumni, donors, and friends, which is vital for the College to continue to focus on education – innovation – advancing justice. Following is the list of 2012 donors who assisted with providing our nation’s judiciary with the knowledge, skills and abilities they need to render fair and impartial justice in America’s courtrooms. Thank you for your support.

TOM C. CLARK PINNACLE CIRCLE ($25,000+)

Caesars Entertainment

Gonzalez, Saggio & Harlan, LLP

Barrick

Connell, Foley LLP

Hon. Sophia H. Hall (IL)

Defense Research Institute

Hon. David N. Harris (MS)

Dream Fund at UCLA Donor Advised Fund

Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP

Hon. Procter R. Hug, Jr. (NV)

ExxonMobil Corporation

Hahn Loeser & Parks LLP

Hon. B. B. Schraub (dec.) (TX)

Health Net of California, Inc.

The E. L. Cord Foundation

Samuel S. Lionel, Esq. (NV)

Chevron Corporation

Nelson Mullins Riley & Scarborough LLP

TOM C. CLARK FOUNDER’S CIRCLE ($10,000 - $24,999)

Nevadans for Qualified Judges Campaign

Anonymous (1)

Helen Roberti Charitable Trust

Andrews Kurth LLP

Mark G. Tratos, Esq. (NV)

Hon. David M. Gersten (Ret.) (FL)

Wilson Sonsini Goodrich & Rosati Foundation

Robert Z. Hawkins Foundation International Academy of Trial Lawyers Foundation

Rawle & Henderson, LLP

Peter J. Neeson, Esq. (PA) Hon. Rory R. Olsen (TX) Hon. V. Robert and Virginia H. Payant (WI) Hon. Jerome M. Polaha (NV) Mrs. Dale Raggio (NV) Tony F. Sanchez, III (NV) Herb Santos, Jr., Esq. (NV) Hon. Peter E. Schoon, Jr. (CO) Matt Sweeney, Esq. (TN) Wells Fargo Foundation Hon. Douglas G. White (TN) Bruce D. Gesner, Ph.D. & B. Phyllis Whittiker, Esq. (NV)

J. F Maddox Foundation

Hon. William F. and Angela Dressel (NV)

Yocha Dehe Wintun Nation

McDonald Carano Wilson LLP

Ann Thornton Field, Esq. (PA)

PricewaterhouseCoopers LLP

John W. Galbraith (VA)

Sempra Energy

Ronald R. Hofer (WI)

The Clinton H. and Wilma T. Shattuck Charitable Trust

Hon. Karen L. Hunt (AK)

The John Ben Snow Memorial Trust

Hon. P. R. Thomas (PA)

The South Carolina Bar Foundation

Irwin and Susan Molasky (NV)

PRESIDENT’S CIRCLE ($5,000 - $9,999)

William J. Brunson, Esq. (NV) Hon. Joseph E. Cirigliano (OH) James E. Coleman, Jr., Esq. (TX) Hon. Larry J. Craddock (TX) Hon. Samuel G. DeSimone (NJ) (Ret.)

Mr. and Mrs. Albert R. Abramson, Esq. (CA)

Hon. Jay D. Dilworth (NV)

Aetna

Jack Balagia, Esq. (TX)

Hon. Karl B. Grube (FL)

James R. Bartimus, Esq. (KS)

Hon. Janet Berry and Dr. David Berry (NV)

Hon. Denis E. Guest (IL)

2013 Issue

PLATINUM GAVEL CIRCLE ($1,000 - $2,499)

Hon. James G. Blanchard, Jr. (GA)

|

Wynn Resorts, Limited

CRYSTAL GAVEL CIRCLE ($500 - $999)

CASE IN POINT

Roxie and Azad Joseph Foundation

DIAMOND GAVEL CIRCLE ($2,500 - $4,999)

M. R. Bauer Foundation

Alan R. Brayton, Esq. (CA)

Hon. Peggy F. Hora (CA)

David J. Beck, Esq. (TX)

Javade Chaudhri, Esq. (CA)

Lynn R. Johnson, Esq. (KS)

Lydia I. Beebe (CA)

Hon. Gary L. Clingman (NM)

Mr. and Mrs. Dennis B. Jones (NV)

Beirne, Maynard & Parsons

Gabelli Foundation Inc.

Ed and Joy Lyngar (NV)

Hon. Carol A. Eckersen (CA)

donors

continued

Hon. Joseph J. Maltese (NY) Hon. James A. Morrow (MN)

50

Mr. and Mrs. Carl Naumann (NV) Ed Neugebauer, Esq. (PA) Hon. David Ortley (MT) Hon. Reba Ann Page (VA) Hon. and Mrs. Earl G. Penrod (IN) Joseph P. Petito, Esq. (DC)

GOLDEN GAVEL CIRCLE ($250 - $499)

Hon. Robert E. Rose (NV)

Anonymous (2)

Hon. Edward J. Schoenbaum (IL)

Aetna Foundation Hon. David A. Anderson (VA) Hon. Steven Andreasen (IA) Hon. Archie E. Blake (NV) Dan W. Bolton, III, D.O., J.D., LLM (NV)

Hon. and Mrs. Jack W. Smith (AK) Hon. Terry L. Thurbon (AK)

Hon. George H. Boyett (TX) Hon. Tyrone T. Butler (MD)

Hon. James L. Roberts, Jr. (MS)

Alan Carlson (CA)

SILVER GAVEL CIRCLE ($125 - $249)

Hon. W. Terry Ruckriegle (CO) (Ret.)

Hon. Russell E. Carparelli (CO)

Anonymous (2)

Gretchen A. and Thomas W. Sawyer (NV)

Hon. Cheryl D. Cesario (IL)

Hon. George H. Allen (TX)

Hon. Steven Smith (TX)

Hon. Robert L. Childers (TN)

Hon. Glen C. Anderson (OR)

Hon. Margaret Poles Spencer (VA)

Hon. Marc A. Cianca (FL)

Hon. Kenneth Andrews (PA)

Hon. William R. Sturtz (MN)

Hon. Jess B. Clanton (OK)

Hon. Angela R. Arkin (CO)

Hon. John M. Vittone (Ret.) (MD)

Hon. Robert T. S. Colby (VA)

Hon. Carol S. Ball (MA)

Hon. J. S. Vowell (AL)

Mr. and Hon. Susan W. Conyers (KS)

Hon. Deborah B. Barnes (OK)

Jim and Karlene Webster Family Fund

Hon. Robert B. Corn (NM)

Paul A. Bateman (CA)

Hon. and Mrs. Joseph R. Weisberger (Ret.) (RI)

Hon. Paul J. De Muniz (Ret.) (OR)

Hon. Charles Bechhoefer (DC)

Hon. James Evans (NV)

Hon. and Mrs. James A. Belson (DC)

Hon. and Mrs. Patrick Flanagan (NV)

Hon. Janette A. Bertness (RI)

Hon. Anita M. Fogle (OH)

The Guido A. and Elizabeth H. Binda Foundation

Hon. and Mrs. Robert C. Halbritter (WV) Robert L. Hans (Ret.) (NE) Hon. Sheila A. Hegy (DC) Hon. Gregory Holiday (MI) Hon. Stephen E. Howard (CO) Hon. Ken M. Kawaichi (Ret.) (CA) Hon. James W. Killam, III (MA) Irwin Kishner (NV) Hon. Philip T. Kyle (Ret.) (KS) c o l l e g e

Hon. Dennis J. Smith (VA)

Mr. Michael A. Pope, Esq. and Mrs. Christine M. Pope (IL)

Hon. Andrew J. Hairston (GA)

j u d i c i a l

Hon. and Mrs. Olin W. Shinholser (FL)

Hon. Robert T. Pfeuffer (TX)

Hon. Stephen S. Goss (GA)

n at i o n a l

Hon. Charles A. Shaw (MO)

Hon. Edward E. Bouker (KS)

Nancy Neal Yeend (CA)

t h e

Hon. Betty W. Sanders (MS)

DONATE ONLINE

Hon. Kelly A. Lee (GA) Hon. John G. Lowther (AL)

Give to the NJC safely and securely.

Hon. William P. Lynch (NM)

1. Visit our website at www.judges.org/giving 2. Click on the Donate to the NJC button.

3. Enter your donation information.

Hon. Juergen Maruhn (Germany)

The NJC is committed to protecting your privacy. Our giving site uses VeriSign速 to secure your information.

Hon. Bobby R. McGee (TN) Hon. Melvin M. Menegat (OR) Hon. Steven D. Olmstead (WY) Albert Pagni, Esq. (NV) Sarah S. Pearson (VA) Hon. David D. Raasch (WI) Hon. John F. Reif (OK) Hon. Kathryn Zenoff Rettig (IL) Kenneth D. Robinson (TN) Hon. Frederic B. Rodgers (CO) Hon. James D. Rogers (MN)

Hon. Joseph M. Troy (Ret.) (WI)

Gary M. Bock (CA) Kenneth J. Bolen (VA) Hon. G. Paul Bollwerk, III (DC) Hon. Robert J. Boylston (FL) Hon. E. Maurice Braswell (NC) Hon. H. Harrison Braxton, Jr. (VA) Hon. Ann Brenden (IA) Hon. Cynthia L. Brewer (MS) Hon. Rita W. Brown (SC) Hon. William F. Buchanan (NV) Hon. and Mrs. Edward C. Clifton (RI) Hon. Thomas E. Connolly (MA) Hon. Dennis D. Conway (WI) Hon. Randall J. Davis (CO) Hon. Jack W. Day (FL) Judith DeMarsh, Esq. (WA) Hon. Mark R. Denton (NV) Hon. Robert G. Dickinson (OR) Col. Eric L. Dillow (NM) Hon. Gilda R. Felizardo (WA) Dan Figueroa (CA) Hon. Jane D. Fishman (FL) Hon. Kevin L. Fitzwater (NM) Hon. Frank Gafkowski, Jr. (CA) Hon. Bruce T. Gatterman (KS) Hon. Jennifer Gee (CA)

donors

continued

Gordon Griller (AZ)

Hon. R. Thomas Moorhead (CO)

Hon. Stephan M. Grochowski (WI)

Hon. William F. Morgan (PA)

Hon. Nancy G. Hamill (PA)

Hon. Michael R. Morgan (NC)

Vern Hardin (AK)

Hon. and Mrs. George A. Pagano (PA)

Col. Rodger C. Harris, USMC (NC)

Hon. and Mrs. Richard E. Parrott (OH)

Hon. Duane R. Harves (Ret.) (MN)

Hon. George M. Peagler, Jr. (GA)

Hon. William W. Haury, Jr. (FL)

Hon. John C. Quigley, Jr. (VA)

James and Jackie Heupel (TX)

Hon. James J. Richards (IN)

Hon. Philip S. Hollman (NH)

James and Cynthia Richardson (NV)

Hon. Ben W. Hooper, II (TN)

Hon. Schuyler Richardson (AL)

Hon. Gilbert V. Indeglia (RI)

Hon. Lyle L. Richmond (American Samoa)

Hon. Gary E. Jackson (GA)

Hon. Steven D. Robinson (FL)

Hon. Marc Jacobson (VA)

Mr. Gareth W. Rosenau (MD)

Hon. Anton S. Jamieson (WI)

Hon. Daniel Patrick Ryan (MI)

Hon. Donald R. Johnson (LA)

Hon. Peter A. Sakai (TX)

Hon. Edward R. Johnson (NV)

Ona and William Schmidt (CA)

Hon. Perry O. Johnson, IV (CA)

Hon. David L. Shakes (CO)

Hon. Marc Johnson (VA)

Mr. Deven P. Sharma (FJ)

Hon. Richard P. Kalustian (CA)

Hon. and Mrs. Michael A. Silverstein (RI)

F. Dale Kasparek, Jr. (VA)

Hon. Ernest H. St. Germaine (WI)

Hon. James E. Kelley (IA)

Hon. Stephanie F. Stacy (NE)

Hon. William G. Kelly (MI)

Hon. Keith Starrett (MS)

Hon. Kevin R. Kelly (MO)

Hon. Trevor N. Stephens (AK)

Hon. John W. Kennedy, Jr. (CA)

Hon. David R. Sweat (GA)

Hon. J. Ernest Kinard (SC)

Hon. John W. Sweeny, Jr. (NY)

Hon. Suzanne N. Kingsbury (CA)

Kelly E. Tait (NV)

Hon. William J. Knight (LA)

Hon. Robert L. Tamietti (CA)

Hon. Ann N. Knox-Bauer (WI)

Hon. Angela R. Taylor (SC)

Hon. Jack Komar (CA)

Hon. Edward F. Thompson (WI)

Hon. David M. Krashna (CA)

Karen Waldrop Thorson (MT)

Hon. Ramsey L. Kropf (CO)

Hon. Robert C. Tobias (CO)

Thomas J Lanphear, Esq. (GA)

Hon. Gita Vahid-Tehrani (CA)

Hon. Jack Lehman (NV)

Hon. Jerry M. Vanderhoef (AL)

Judge Katherine G. Leonard (HI)

Hon. Gerald W. VandeWalle (ND)

Hon. John R. Lineberger (AR)

Hon. George Varoutsos (VA)

Hon. Robert C. Lovell (OK)

Hon. Thomas C. Warren (WA)

Barry Mahoney, Ph.D. (CO)

Hon. W. Keith Watkins (AL)

Hon. Alli B. Majeed (FL)

Kevin B. Wilson, Esq. (TN)

Hon. J. Matthew Martin (NC)

Hon. Frank J. Yeoman, Jr. (KS)

Mr. and Mrs. Ernest J. Maupin (NV)

Katheryn Yetter, Esq. (NV)

Judge Thomas McAvoy (NY)

Hon. Elliott L. Zide (MA)

Hon. Robert E. McBeth (WA)

Gordon I. Zimmerman, Ph.D. (NV)

Hon. Steven D. McMorris (NV)

Isaiah M. Zimmerman, Ph.D. (DC)

Marilyn R. Melton (NV) Hon. Bruce S. Mencher (DC) Hon. William G. Meyer (CO) Hon. Hannes Meyers, Jr. (MI) Hon. Linda W. Miller (PA)

BRONZE GAVEL CIRCLE (UP TO $124) Anonymous (4) Hon. Christopher E. Acker (CO)

51

Hon. William P. Alderton (CO) Hon. Carol S. Anderson (MT) Hon. Randy S. Anglen (MO) Hon. and Mrs. Robert W. Armstrong (CA) Hon. Karen M. Arnold-Burger (KS) Hon. Jason E. Ashford (GA) Chris Atine, Ph.D. (NV) Hon. Anthony J. Baratta (VA) Hon. Marialyn Barnard (TX) Muriel M. Bartlett (NV) Hon. Gary F. Bass (WA) Hon. James M. Batzer (MI) Hon. Robert E. Beach (FL) Hon. DeLawrence Beard (MD) Hon. Margarita Solano Bernal (AZ) Hon. Paul P. Biebel (IL) Hon. K. Barney Bloom (VT) Hon. Claudia C. Bonnyman (TN) Hon. Maria C. Borbon (AZ) Hon. Lisa N. Borgen (MN) Hon. David F. Bortner (PA) Hon. Stephen E. Boswell (GA) Hon. William L. Boulden (PA) Kevin F. Brady, Esq. (GA) Hon. Walter J. Brudzinski (NY) Hon. Mildred Bruns (CA) Hon. Kenneth L. Buettner (OK) Nicholas G. Byron (IL) Patricia D. Cafferata, Esq. (NV) Hon. John L. Carbonneau, Jr. (CT) Hon. Suzette Carlisle (MO) Katherine M. Carr (VA) Hon. Richard W. Carter (TX) Hon. William H. Carver (WI) Hon. William B. and Mrs. Audrey J. Cassel (NE) Hon. Jose L. Castillo, Jr. (AZ) Hon. and Mrs. James Chenault (KY) Hon. Lee A. Christofferson (ND) Hon. Jo-Ann Chung (AK) Hon. and Mrs. Frederick C. Cohen (MO) Hon. Edward D. Cohen (FL) Hon. Harvetta Colvin (LA) Hon. John E. Conery (LA) Hon. Thomas A. Connors (MA) Hon. Colleen Conway Cooney (OH)

2013 Issue

Hon. Bruce E. Moore (KS)

|

Hon. Ronald T. Y. Moon (HI)

Hon. Raymond J. Gordon (MO)

CASE IN POINT

Hon. Vito P. Geroulo (PA)

donors

t h e

n at i o n a l

j u d i c i a l

c o l l e g e

52

continued

Hon. Barbara L. Crawford (IN)

Earl M. Hill, Esq. (Dec.) (NV)

Hon. Steven J. Oeth (IA)

Hon. Daniel Crothers (ND)

Hon. Timothy F. Hodo (NM)

Hon. Michael J. Oglesby (VA)

Linda Rae Curry (KY)

Hon. Roxie O. Holder (VA)

Hon. Brian M. O’Leary (VA)

Hon. and Mrs. E. Duane Daugherty (IN)

Hon. Nicholas H. Holmes, Jr. (Ret.) (OH)

Hon. Lucinda M. Oliver (AZ)

Hon. Andre Davis (MD)

Magistrate Elizabeth Hurley (IN)

Hon. Lawrence E. Ornell (CA)

Hon. Roger D. Davis (IN)

Hon. Carl B. Ingram (MH)

Hon. Jacinto Palomino (NM)

Hon. James E. Dehn (MN)

Hon. Ernest C. Jaramillo (NM)

Hon. Donald E. Parish (TN)

Hon. Kenneth V. Desmond, Jr. (MA)

Hon. Jill M. Johanson (WA)

Hon. and Mrs. Haskell M. Pitluck (IL)

Hon. John A. DeVita, II (CO)

Hon.Paul Julien (AZ)

Hon. Bertrand Poritsky (MN)

Hon. Frederick D. Dorsey (DC)

Hon. James A. Kaddo (CA)

Hon. Russell S. Pugh (CA)

Hon. and Mrs. Dennis C. Drury (MI)

Hon. Franklin M. Kang (CA)

Hon. Nina Puglia (IL)

Hon. Richard Eadie (WA)

Hon. Tod J. Kaufman (WV)

Hon. James E. Rafferty (NJ)

William Eddy, Esq. (CA)

Hon. David M. Kenworthy (WA)

Hon. Edward C. Reed, Jr. (NV)

Hon. Andrew Effron (VA)

Hon. David Kimberley (AL)

Hon. Allen Reel (OR)

Hon. James R. Ellis (OR)

Hon. Kenneth J. King (MI)

Prof. Henry R. Reeve (CO)

Hon. Edgar W. Ennis (GA)

Hon. Patrick J. King (MA)

Chief Justice Paul Reiber (VT)

Hon. Mark J. Eveloff (IA)

Hon. Daniel L. Konkol (WI)

Hon. Vernon F. Romney (UT)

Hon. Robert W. Fairchild (KS)

Hon. Phyllis D. Kotey (FL)

Hon. Robert V. Rosenberg (TX)

Hon. John N. Fields (MI)

Hon. Victor Kovach (NM)

Hon. Deborah Ryan (CA)

Hon. Adam Fisher, Jr. (SC)

Hon. Norman A. Krumenacker, III (PA)

Hon. Eugene W. Salisbury (NY)

Hon. Donald H. Foster (CA)

Hon. Frank M. Lario, Jr. (NJ)

Hon. Mark T. Sanchez (NM)

Hon. Idee C. Fox (PA)

Hon. Michel Levant (MD)

Hon. Matthew J. Sandoval (NM)

Hon. Bruce Fox (NM)

Hon. Paul G. Levy (NJ)

Hon. M. Teresa Sarmina (PA)

Hon. Kathleen O’Ferrall Friedman (MD)

Hon. Allene H. Lindstrom (NM)

E. V. Schalow (WY)

Hon. John E. Galt (WA)

Hon. John M. Lischak (NY)

Hon. Carol A. Schapira (WA)

Ted Gest (DC)

Hon. Loyd H. Little, Jr. (Ret.) (AL)

David A. Sellers (VA)

Hon. George M. Glasser (OH)

Hon. Anthony Little (AZ)

Hon. Mark H. Shapiro (NY)

Hon. Kenton Gleason (KS)

Hon. Sheryl L. Lohaus (NE)

Hon. Brenda Skenandore (Dec.) (WI)

Hon. Douglas W. Golden (OK)

Hon. Patricia Lynch (NV)

Hon. Karen D. Slaughter (AZ)

Hon. Jesse Goode (DC)

Hon. John A. MacPhail (Ret.) (SC)

Hon. Barbara A. Smith (OK)

Hon. Jerry L. Goodman (OK)

Hon. Herman Marable, Jr. (MI)

Marjorie G. Smith (CO)

Hon. Karen L. Goodman (TX)

Hon. Paul J. Mason (VA)

Hon. Gilbert A. Smith (SC)

Dennis A. Gorman (CA)

Hon. Lech A. Matuszewski (AR)

James C. Smith, Esq. (NV)

Hon. Kenneth L. Govendo (MP)

Hon. Terry McCall (TX)

Hon. Janet B. Snider (FL)

Hon. Warren Granville (AZ)

Luther C. McKinney (Dec.) (IL)

Hon. Marshall A. Snider (CO)

Hon. Charles R. Greenacre (CO)

Hon. P. B. McLauchlin, Jr. (AL)

Hon. Allen E. Sommer (CA)

Hon. Ted R. Griffith (KS)

Hon. Samuel McVey (UT)

Hon. Paul St. Dizier (LA)

Hon. William A. Grim (OH)

Hon. David Melcher (KY)

William V. Strain (NE)

Nancy Grundy (NV)

Hon. Sandra K. Miller (CO)

Hon. Jill-Ellyn Straus (CO)

Hon. Richard T. Gurley (CO)

Hon. Karen P. Mitchell (NM)

Hon. and Mrs. William K. Teeguarden (IN)

Hon. Yahara L. Gutierrez (TX)

Hon. Robert Montgomery (TN)

Cindy Thyer (AR)

Alex H. Halff (TX)

Hon. Walter M. Morris, Jr. (VT)

Joseph A. Trotter, Jr., Esq. (DC)

Hon. Thomas G. Halko (LA)

Hon. Donna Mowrer (NM)

Hon. Michael Tupper (OK)

Hon. Glenn S. Hara (HI)

John F. Muffler (VA)

Hon. Juan Ulloa (CA)

Hon. Chester T. Harhut (PA)

Hon. Michael R. Mullins (IA)

Hon. Randal G. Valenciano (HI)

Hon. David R. Harrison (CA)

Hon. Sheila M. Murphy (IL)

Brian VanDenzen, Esq. (NM)

Hon. and Mrs. John R. Hawkinson (MN)

Hon. Margaret L. Murphy (AK)

Hon. Alma Vildosola (AZ)

Hon. Mark Hayes (SC)

Hon. Greg K. Nakamura (HI)

Hon. Marcia K. Walsh (MO)

Hon. Paul P. Heffernan (MA)

Hon. Steven Nakashima (HI)

Hon. John L. Ward, II (AS)

Hon. and Mrs. Joe L. Hegel (MT)

Hon. Stephanie T. Nute (NH)

donors

continued

Hon. Gary Weatherford (CA)

2012 PILLARS OF JUSTICE

In Honor of Melody Luetkehans, Esq.

Hon. William L. Wellons (VA)

FREEDOM CIRCLE ($25,000 +)

Leo H. Whinery (OK)

Chevron Corporation

In Honor of Hon. V. Robert Payant

Hon. Maxine White (WI)

Greenberg Traurig, LLP

Hon. Elizabeth A. White (CA) Hon. H. William White, Jr. (PA) Hon. Bruce Wilcox (VA)

Hon. Peggy F. Hora (CA) Hon. Gregory Holiday (MI)

In Honor of Hon. Robert W. Kuebler, Jr.

LIBERTY CIRCLE ($15,000 +)

Hon. David M. Gersten (Ret.)

In Honor of Hon. William F. Dressel

Hon. Gregory Holiday (MI)

Hon. Danita G. Williams (OK)

Hon. Cindy L. Wilson (CO)

JUSTICE CIRCLE ($10,000 +)

In Honor of Toni T. Boone

Windsor County Treasurer

McDonald Carano Wilson LLP

Hon. Steven A. Wise (IA)

PricewaterhouseCoopers LLP

Hon. and Mrs. G. Michael Witte (IN)

Saul A. & Roberta Wolfe (NJ) Mr. and Hon. Susan W. Conyers (KS)

IN MEMORY OF

Hon. William H. Wolff, Jr. (OH)

HONOR CIRCLE ($5,000 +)

In Memory of Jim Williams

Hon. William D. Yarborough (TN)

Wilson Sonsini Goodrich & Rosati Foundation

Hon. Michael A. Youngpeter (AL) Hon. Hiller B. Zobel (MA)

Hon. Duane R. Harves (Ret.) (MN)

In Memory of Helen S. Sturtz

Hon. William R. Sturtz (MN)

2012 CIRCLE OF JUSTICE

In Memory of Hon. Don Barnes

Hon. Robert E. Cupp (TN)

2012 CORPORATIONS

Hon. Jerome M. Polaha (NV)

In Memory of Hon. William H. McDermott

Aetna

Hon. James G. Blanchard, Jr. (GA)

Barrick

Ed and Joy Lyngar (NV)

In Memory of Hon. Arthur A. Gladstone

Hon. Howard S. Zwelling (OH)

Caesars Entertainment

Hon. Deborah B. Barnes (OK) Hon. Michael A. Youngpeter (AL) Kenneth J. Bolen (VA)

Chevron Corporation

IN HONOR OF

In Memory of Wanelda P. Jones

ExxonMobil Corporation

In Honor of Hon. Samuel G. DeSimone

Health Net of California, Inc.

In Memory of Hon. William H. Erickson

PricewaterhouseCoopers LLP

In Honor of Laurie Ginn, Esq. and Betty Morgan

Sempra Energy Wynn Resorts, Limited

2012 FOUNDATIONS Gabelli Foundation Inc. Helen Roberti Charitable Trust International Academy of Trial Lawyers Foundation

Hon. Reba Ann Page (VA)

Hon. David N. Harris (MS)

Dennis B. and Mary Jones (NV) Prof. Henry R. Reeve (CO)

In Memory of Hon. Cameron M. Batjer

In Honor of Prof. Ronald R. Hofer

In Memory of Hon. John F. Mendoza

Mr. and Hon. Susan W. Conyers (KS)

Hon. Janet Berry & Dr. David Berry (NV)

In Honor of Hon. Don R. Ash

In Memory of Senator William J. Raggio

Hon. Ben W. Hooper, II (TN)

Tony F. Sanchez, III (NV)

In Honor of Susanna Fuchsbrunner

In Memory of Wilma Lynch

Hon. Juergen Maruhn (Germany)

Dale Raggio (NV)

J. F Maddox Foundation

In Honor of Hon. David N. Harris

M. R. Bauer Foundation

Anonymous

In Memory of Hon. J. Cecil Moore

Robert Z. Hawkins Foundation

Hon. Sheryl L. Lohaus (NE)

Roxie and Azad Joseph Foundation

Hon. Jason E. Ashford (GA)

In Memory of Hon. David B. Babbitt

The Clinton H. and Wilma T. Shattuck Charitable Trust

Hon. Donna Mowrer (NM)

2012 General Jurisdiction Discussion Group

In Memory of Hon. Donald P. Smith

The John Ben Snow Memorial Trust

In Honor of Hon. Jack P. Pope

The South Carolina Bar Foundation

Wells Fargo Foundation

In Honor of Cornelia Mockwitz

Wilson Sonsini Goodrich & Rosati Foundation

Hon. Carolyn I. Wright (TX) Hon. Steven Smith (TX) Hon. Juergen Maruhn (Germany)

Hon. Philip T. Kyle (Ret.) (KS) Marjorie G. Smith (CO)

2013 Issue

In Honor of Hon. Tania Wright

Hon. Rita W. Brown (SC)

|

The Guido A. and Elizabeth H. Binda Foundation

Hon. Patricia Lynch (NV) CASE IN POINT

The E. L. Cord Foundation

53

NONPROFIT ORG. U.S. POSTAGE

2013 Issue

CASE Point IN

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