2012 Case In Point

The National Judicial College

2012 Issue

Fitness On (and Off) the Bench

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

I

2012 Issue

nside this edition of Case In Point, you will find a number of inspiring stories that point out the importance of being both physically and mentally fit, including finding an activity that is enjoyable enough to incorporate into your daily life. Reflecting on my time as a judge for 22 years in Fort Collins, Colorado, taking a walk each day around a different neighborhood or a run along the Poudre River at the end of a long day was what worked for me. Turn to page 4 to learn some terrific “quality of life” tips provided by Judge Michael Pitman, First Judicial District Court, Shreveport, La. With the celebration of the College’s 50th Anniversary coming up in 2013, we believe the NJC as an entity is an example of health and fitness. We are grateful to U.S. Supreme Court Justice Tom C. Clark and the American Bar Association for being instrumental in the forming of the College in 1963. Likewise, we are thankful for the funding provided by the W.K. Kellogg Foundation, which supported the development and presentation of early educational offerings, the Max C. Fleishmann Foundation for its funding that allowed the NJC to establish its home on the campus of the University of Nevada, Reno. Most recently, we are grateful to the International Academy of Trial Lawyers for its generous support of the Jury Trial symposium to be held June 23-25, 2013 in Chicago, IL. We are also grateful for the help from our other friends, alumni and supporters who believe in the transformative power of education that allows the NJC to work with thousands of judges each year through on-site courses, local/regional/national programs, and a variety of web-based initiatives.

Courses such as General Jurisdiction, Special Court Jurisdiction and Fair Hearing address the needs of new judges whereas Ethics, Fairness and Security in Your Courtroom and Community provide the more seasoned judge with specialized knowledge.

Budget reductions have resulted in reduced educational offerings and have hampered access to judicial education. With the complexities of our judicial system, compounded by the dramatically changing social and economic characteristics of society, it is important that the NJC and other justice entities seek to find innovative methods of providing education that meet the needs of judges including addressing core skills. We have increased our web offerings, developed programs that can be presented in-state, updated our existing courses, and broadened fundraising efforts to support these initiatives and provide financial support to attend courses. This year, we created an online course for judges to take after being appointed/elected to give them an introduction to the judges’ profession prior to taking the bench (see www.judges.org/news/news062012.html).

We hope that you will join with us in the celebration of our 50th Anniversary as we address topics important to justice in each of the 2013 symposia discussed on page 24. The NJC remains committed to provide education – innovation – advancing justice for our nation’s judiciary for the next 50 years and beyond.

Thank you for your support­—we could not have done it without you.

Hon. William F. Dressel President

C o n t e n t s

2012 Issue

3

Climb On! Fitness On (and Off) the Bench

1

By Stacey Raits, Hon. Michael Pitman and Hon. Thomas Cheffins

Staying fit and healthy is just as much of a challenge for judges as for anyone else. Several of the NJC participants, Hon. Michael Pitman and Hon. Thomas Cheffins, relay stories on what it’s like for them to stay in shape, both on and off the bench.

Mediation Confidentiality: Can There Be Too Much?

10

By Nancy Neal Yeend and Steven Gizzi, Esq.

Confidentiality allows mediating parties to conduct in-depth negotiations, discuss topics and explore options that otherwise would be off limits. However, unlimited confidentiality in mediation can be too much of a good thing.

In the Field

18

By Stacey Raits, Communications Specialist

The NJC’s former Academic Director, Mary Fran Edwards, has been spending the past few years working on Rule of Law projects in Asia, the Middle East, Africa, and Europe.

Elder Law

22

By Rebecca C. Morgan, Stetson University College of Law

As Baby Boomers age, courts will see an influx of elder law cases.

Rebecca Morgan of Stetson University outlines what types of cases judges may see, as well as the NJC’s upcoming Elder Law webcast.

24

Next year, the NJC will be celebrating 50 years of creating and presenting Education – Innovation – Advancing Justice.

CASE IN POINT

2013: The NJC’s 50th Anniversary

|

Tailor-Made Courses In-State Scholarship Funds Provide Access to Judicial Education

16

Making the Connection: Surface and Groundwater

20

How Situational Awareness Can Prevent Violence Targeted at Judges

26

Silver Hair & Black Robe

28

Reaching Generations

31

Human Trafficking: What Judges Should Know and Why

The NTJC News...32

The NJC News...35

Donors...43

2012 Issue

8 14

Case in Point 2012 Issue

the

Editorial Team

W

2012 Issue

hen judges Michael Holt, Kelly Lee, and William McIver showed up for a photo shoot at the CommRow Base Camp in Reno, they were not expecting to see the tallest man-made rock climbing wall in the world, towering 164 feet. As the judges looked up at the seemingly endless wall, they wondered what they had agreed to do. Each thought they were in great physical shape, but “wasn’t this too much to ask?”

They sighed in relief when they learned that they were scaling just a fraction of the wall as part of a physical fitness message to judges.

While the importance of staying fit is the focus of this issue of Case In Point, additional articles addressing confidentiality in mediation, issues arising in elder law, and human trafficking are also featured. In this issue, we invited other justice entities such as the American Bar Association, American Judicature Society, American Judges Association, and others to submit summaries of topics addressed in their upcoming publications, a practice which we will expand in future issues.

Speaking of the future, the College will be celebrating its 50th Anniversary in 2013 by holding three symposia across the country (more details on page 24). Additionally, we will be profiling those who have been instrumental to the health of the College from our founders, the ABA and U.S Supreme Court Justice Tom C. Clark, to our faculty, Trustees, Board of Visitors members, collaborative entities, donors and staff, all of whom have worked tirelessly to advance the NJC’s mission of education – innovation – advancing justice.

If you have a story you would like to share for our 50th Anniversary about your involvement with the College, or “scaling a wall” to overcome obstacles to justice, we would love to hear from you. Please email us at judicialedge@judges.org.

On behalf of the Team, thank you for your interest and support.

Gretchen Alt Sawyer, Director of Development/Communications

Cover: Family Court Judge Michael Holt, Darlington, SC; Superior Court Judge Kelly Lee, Atlanta, GA; and Circuit Court Judge William McIver (Sen.), Ft. Meyers, FL do some climbing at the CommRow BaseCamp in downtown Reno, the tallest manufactured climbing wall in the world.

Top photo, from left to right: Gretchen Alt Sawyer, Director of Development/ Communications; Marianne Reger, Grants/Development Writer; Christina Nellemann, Manager of Graphic Design/Web Services; Stacey Raits, Communications Specialist.

Case in Point is published once a year by The National Judicial College. Articles and information that appear in Case in Point do not necessarily reflect the official position of The National Judicial College.

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 Hon. Sophia H. Hall , Chair, Chicago, IL Mark G. Tratos, Esq. , Chair-Elect, Las Vegas, NV Lydia I. Beebe, Esq. , Secretary, San Ramon, CA Peter J. Neeson, Esq. , Treasurer, Philadelphia, PA John Frankovich, Esq. , Immediate Past Chair, Reno, NV Alan R. Brayton, Esq. , Novato, CA Javade Chaudhri, Esq. , San Diego, CA Hon. Larry Craddock , Austin, TX Hon. Paul J. DeMuniz, Salem, OR Ann Thornton Field , Philadelphia, PA Patricia Glaser, Esq. , Los Angeles, CA Hon. J. Matthew Martin , Asheville, NC Joseph P. Petito, Esq., Washington, D.C. Hon. W. Terry Ruckriegle , Breckenridge, CO Tony F. Sanchez, III , Las Vegas, NV Kim Sinatra, Esq. , Las Vegas, NV Matt Sweeney, Esq. , Nashville, TN Hon. John M. Vittone , Silver Spring, MD

FACULTY COUNCIL Hon. David Gersten , Chair, Miami, FL BOARD OF VISITORS Robert L. Parks , Chair, Coral Gables, FL James R. Bartimus, Esq., Vice-Chair, KS Photography Jeff Ross Photography 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.

3

CASE IN POINT | 2011 Issue

he cover photo Judge Holt has been active his features Family entire life, but not to the point where Court Judge Michael he had a regular routine until the last Holt, Darlington, S.C.; few years. “When I took the bench Superior Court Judge I quickly realized how sedentary my Kelly Lee, Atlanta, Ga.; new job was, so I knew I would have and Circuit Court Judge to do something to stay healthy,” said William McIver (Sen.), Ft. Judge Holt. “My father is a runner of Meyers, Fla. over 30 years, so it was only natural Judge Kelly Lee began that I would start running again. To service as a Fulton County run, you don’t have to join a gym or superior court judge in buy expensive equipment. I started 2011. She currently serves slow and did interval training before on the Business Court I started logging more miles per C om m it te e de cid i ng

By Stacey Raits week. I now average approximately Communications Specialist which superior court cases 30 miles per week.” Judge Holt has will transfer to the Fulton run two half marathons so far this County Business Court. year, and he’s run several 5Ks over Prior to winning the 2010 the last couple of years. “One of my judicial election, Judge Lee half marathons was the Reno, Nev. practiced civil litigation in Rock and River Half Marathon I Atlanta for over 17 years. Most recently, she owned her ran when I was at the NJC. The altitude was a bit of an own law practice (2009-2010) where she specialized in adjustment for a boy from South Carolina.” business disputes, insurance coverage matters and general Judge Holt has gained far more than just the health corporate representation. benefits from running. “I have made friends with folks You might not find her out on a climbing wall in I likely would have never gotten to know had it not Atlanta, but Judge Lee knows the importance of staying been for running,” he said. “What has allowed me to physically active, especially while holding a position that stay committed is having a group or club to run with— can be very sedentary. “Exercise causes me to be less knowing that someone is waiting on me motivates me to anxious and is a mental release for me,” said Judge Lee. get out of bed and run at 5:15 in the morning.”

“I find that varying forms of physical activity keep me Judge William McIver retired from the Lee County more fit, injury free, and committed.” In any given week Bench in 2008 and currently serves as a senior judge for she will cycle outdoors; hike; take a hot yoga, spin or the 20th Judicial Circuit. Senior judges serve on an “on Pilates class; lift weights; swim; or exercise on an elliptical call” basis to assist in the absence of another judge or trainer. “Since much of the cardio and weight work can be with heavy dockets. Judge McIver is an avid jogger and challenging on my joints, I find intermixing yoga, Pilates bicyclist. “I go on jogs about three times each week,” said and swimming keeps my joints happier.”

Judge McIver. “And a long bicycle ride about two times In addition to being elected as a judge for the Fulton each week.” These activities help him to maintain his County Superior Court, Judge Lee is a certified Bikram stamina and his agility. “I’m 66 years old,” he said. “It’s Yoga instructor (a form of “hot yoga”). She has run over very important to stay active. When I’m on the bench, 50 races including the 1994 New York Marathon.

I can tell the workouts have definitely helped me— Judge Michael Holt was elected to the family court especially during long days of trials. I really encourage bench in May 2008. He practiced law for 13 years before others to take the opportunity to experience the benefits getting elected to the South Carolina Family Court. He that regular exercise can offer.” NJC also served as the mayor of Hartsville, S.C., his hometown, for four years before taking the bench.

By Hon. Michael A. Pitman First Judicial Court, Shreveport, La.

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

4

I was 9 years old, the youngest of four. My oldest sister just graduated from nursing school, married and started her career as a nurse. My second oldest sister was in college and my third oldest sister was in high school and making plans to begin her college experience. My father was in-house counsel and risk manager for an interstate trucking firm. My mother had her hands full raising the four of us. Life was good.

One Sunday night it all changed. I remember playing outside as my dad worked in the yard. After we went in and cleaned up for dinner, we gathered around the kitchen table as we always did and enjoyed sharing stories and making plans for the upcoming week. After dinner I got ready for the new school week and went to bed. Later that night one of my sisters woke me up to tell me that an ambulance was on the way to take our dad to the hospital. He had suffered a massive heart attack. My dad coded three times at the hospital, and the doctors told my mother that he probably would not survive the night. He was 49 years old. His and our lives were changed forever.

My dad did not pass away that night but he had extensive damage to his heart. He was forced to retire and lived the remainder of his life significantly impaired.

He had many more heart attacks over the remainder of his life; one of them occurred at our dinner table the day I received my acceptance letter to law school. He passed away Easter Sunday, 1991, my junior year in law school.

He was 67.

When I was in high school, my mother was diagnosed with type II diabetes. Although she lived to the age of 84, she experienced significant health complications. I will never forget taking her to the hospital a few years ago to have her right leg amputated because of the damage the diabetes caused. She passed away 10 days later.

These are the demons that haunt me and the reasons I have been motivated all my life to maintain an active lifestyle and a healthy diet. While we cannot control the genes we inherited, there are things we can control—our diet, our level of physical activity, whether we choose to smoke, how we deal with stress and the amount of rest we get.

CASE IN POINT | 2012 Issue

I will turn 49 years old this fall, the same age my father was when he had his first heart attack. I am scared to death that I will suffer the same fate my parents did.

My wife calls me the food police and says I look and act “extreme.” I don’t think she means that as a compliment.

I have always enjoyed the outdoors and sports.

When I was in middle and high school I was a lineman on the football team and enjoyed lifting weights. When I was a senior, I was 210 lbs. and one of the strongest players on our team but hated to run. I can still hear my coach yelling, “Pitman, you are so slow you couldn’t run out of sight in a week!” He was right. When I was in college I started running to lose weight. Since I was so slow, I would run at night so my friends could not see me. I started with a very slow alternating jog/walk. Each time I would go for a “run” my goal was to jog a little more and walk a little less. The plan worked well, and I immediately started to lose weight. Over time I was able to run longer and faster and started to look forward to my runs. I quickly realized that my runs were not only good for my physical health but were also a great way to deal with stress. The reduction in stress is often the release of endorphins and is commonly referred to as a “runner’s high.”

I continued to run and lift weights throughout college and law school and got to a point where I enjoyed running more than any other type of exercise. After many years, I qualified to run the Boston Marathon, one

5

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

6

of the most prestigious marathons in the world.

When I graduated from law school my wife and I both earned a black belt in Tae Kwon Do and taught martial arts to a youth group in our church for a number of years. In 1997, I had the itch to do a triathlon, an event which consists of a swim leg followed by a bike leg and then a run. These races range from sprint distances (usually 1/2 to 3/4 mile swim/10 to 20 mile bike/ and a 2 to 3 mile run) up to full Ironman distance (2.4 mile swim/112 mile bike/26.2 mile run).

In 1998, I decided to run Ironman Canada. To prepare for the 26.2 mile run portion of the race, I ran my first marathon in 1997. I am still training and am about to run my 19th marathon. It is hard to believe, but I have completed two Ironman triathlons (1998 at age 34 and 2010 at age 47) and many other half Ironman and sprint distance triathlons. My wife completed four marathons, several half marathons and is an avid tennis player.

I was elected as a district court judge in 2003 and am currently assigned to the criminal bench. My wife was elected to the same court in 2008 and is on the domestic bench. I know just how stressful our career choices can be. Sitting in court for long hours and presiding over stressful cases can take a toll on anyone’s health. I am currently hearing the eighth murder trial in nine months. In July, I will hear a second death penalty trial in seven months. Recognizing the perils of our profession on our health and professional demeanor inspired me to start a wellness program through the Louisiana District Judges Association. This summer I

will give a presentation on wellness and professionalism at our annual conference for the fourth year.

The emphasis on wellness is that our physical and mental health has a direct correlation with our abilities to perform our judicial duties. The goal of the wellness program is to help us make healthier lifestyle choices and become the healthiest, most professional and best judges we can be. I know on the days when I haven’t exercised, or didn’t get enough sleep or ate too much junk, I am not the best judge I can be.

I make time to get some form of exercise each day which may be as much as a 20 mile run or a 100 mile bike ride or as little as a 20 minute walk with my dog. Regardless of the type of activity, it is important to be consistent and to find exercise that is fun and enjoyable.

I have friends who are judges, lawyers and other professionals who scoff at exercise and say they are too busy and don’t have the time. The bottom line is we make time for what we believe is important. If you don’t think being healthy is important to you, I can tell you firsthand, it is very important to the people who love you and depend on you. Additionally, there is a significant body of research which supports the fact that healthier people are more productive and miss fewer days of work than their less healthy counterparts.

For additional reading on the correlation between health, professionalism and productivity, visit the NJC website at www.judges.org/news/news072012.html NJC

full day hike. He plans to run Judge Thomas E. Cheffins, the Grand Canyon’s classic like Judge Pitman, also sees Rim-to-Rim-to-Rim (45 miles) the importance of maintaining

By Stacey Raits again in late spring and would good physical health. “Since I Communications Specialist like to backpack it again in the began running, my blood pressummer. Eventually, he would sure has decreased to 110/70, like to climb Denali in Alaska my cholesterol has been draand Kilimanjaro in Africa. matically lowered, my back pain Judge Cheffins is 58 and really from surgery has been reduced, got more active once his chiland I’ve been able to lose 15 dren were in college. He’s had lbs and keep it off, despite still one major knee surgery, three being able to eat what I want,” minor knee surgeries and major he said. Judge Cheffins feels back surgery, which don’t hold the benefits beyond his physihim back. “We’re never as old cal health as well. “Being active as we think we are,” said Judge keeps me mentally alert, feeling Cheffins. “But even if we are, better and with more energy to we can still do ‘young people’ get through the day. I get that things. When you’re able to ‘runner’s high,’ which keeps me compete in these activities at happier. Plus, I love the opporour age and even beat folks in tunity to be outside since my job their twenties and thirties, it [as a judge] keeps me inside.” gives you a real appreciation of what your body can do.”

When Judge Cheffins isn’t competing in 5Ks and Judge Cheffins has been an administrative law half marathons, race walking and downhill skiing (he judge since 1984. He is currently appointed as a fedrecently got back from competing in the NASTAR eral administrative law judge with the Social Security National Ski Racing Championships in Winter Park, Administration’s Office of Disability Adjudication Colo.), he’ll be weightlifting, or outside playing baseand Review in Arizona and has been a member of the ball, hiking, backpacking, or mountain climbing. Judge NJC’s faculty since 2001. He has been on the Faculty Cheffins has conquered Half Dome (pictured) in YosemCouncil since 2007 and is currently serving as immediite National Park, an impressive hike of over 14 miles, ate past chair. NJC with around 4,800 feet gained in elevation during the

7

CASE IN POINT | 2012 Issue

8

TAILOR-MADE COURSES Extension Courses Allow for the NJC Experience Closer to Your Home

T

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

he NJC conducts an average of 22 extension programs each year that are held in conjunction with (or sponsored by) state or federal agencies and other judicial related organizations. The NJC specializes in customized in-state programs geared toward providing in-depth education on local issues, national trends and current ideas. Since 1965, the NJC (with state judicial organizations and national law-related organizations) has conducted over 400 extension programs attended by more than 30,000 participants.

Extension Courses for Administrative Law Judges Judge Toni Boone has taught over 50 courses for the NJC, many of which have been extension courses for administrative law judges. She has been an administrative law judge for the Office of Administrative Hearings of the Nevada Department of Motor Vehicles since 2003 and a member of the NJC faculty since 2000.

“Extension courses can be a cost-effective way to provide customized training for agency ALJs. An extension course may enable the agency to provide education for a majority or all judges in a large office, or a substantial percentage of the agency’s judges at a reasonable cost,” said Judge Boone.

Extension courses can also be precisely tailored to the needs of the ALJs of a single state agency. “The curriculum for an extension course is created via conference call with representatives of the agency,” said Judge Boone. “The topics selected for instruction can be as specific to the needs of the ALJs as the agency representatives care to make them. If an agency’s ALJs are having difficulty with a particular aspect of adjudication, articulating credibility findings in their

written decisions for example, an extension course can address assessing the credibility of the types of witnesses whom judges see most often and the manner in which an ALJ should express his or her credibility findings to withstand appellate judicial scrutiny.”

Additionally, extension courses offer scheduling flexibility. Because they are custom-tailored to the needs of the agency, extension courses can begin and end at any time, can be conducted on weekends, and may have customized class segments and web sessions. The schedule is created based on the needs of the agency/ ALJs for whom the class is being presented.

While extension courses do not have the collegial experience offered at the College, Judge Boone believes there are two takeaways in regard to extension courses.

“Because extension courses are tailor-made to fit the needs of the ALJs, the printed binder materials can become a ‘bench book’ for the ALJs for whom the course is presented,” she said. “Extension course participants have repeatedly characterized the state and/or agencyfocused binder materials as being ‘like gold’ because of their continued value after the class has concluded.”

Judge Boone also feels that the rapport between the instructors and participants of extension courses is valuable because of the amount of preparation to become familiar with the particular group of ALJs and/or their agencies. “Just like a course at the NJC, it is common for professional contact between the extension course instructors and class participants to continue long after the class has concluded,” said Judge Boone.

After twelve years of teaching at the NJC, these relationships are one reason Judge Boone continues her involvement. “The professional and personal relationships

Because they are custom-tailored to the needs of the agency, extension courses can begin and end at any time, can be conducted on weekends, and can have customized class segments and web sessions.

I’ve established as a result of the NJC have been among the best relationships of my life,” said Judge Boone. “The staff of The National Judicial College is truly exceptional and makes teaching a joy. The NJC’s faculty members are genuinely interested in improving the administration of justice through judicial education. Regardless of whether my participation has been as a student or as a teacher, my involvement with the NJC has always been an enriching and enlightening experience. I can’t imagine what my

professional life would have been like had I not attended that first NJC class in 1998.” NJC

9

If you have any questions about extension courses for administrative law judges, or for other areas, please contact the NJC or visit the website at www.judges.org/programs/ extension.html

district attorney in 1955 until his appointment to the bench by Gov. William W. Scranton in 1963.

Judge Thomas was an active member of his

community, serving on a number of boards and committees in addition to serving on The National Council for the Future of The National Judicial College.

He was also known as an avid golfer, winning the Meadville County Club Golf Championship 11 times and the Senior Club Championship 14 times and shot

Original NJC Class Member

Leaves a Legacy

The NJC recently received a donation from the estate of Judge P. Richard Thomas, a member of the NJC’s Legacy Council and a participant of the NJC’s first class held at the University of Colorado at Boulder in 1963.

Born in Pennsylvania in 1920, Judge Thomas

served in World War II as a first lieutenant in the 999th Field Artillery Battalion in Europe. He participated in Judge Thomas received his L.L.B. degree in 1948 from Dickinson School of Law and was a graduate of the first class of The National Judicial College in July 1963.

He returned to the College to attend a special session on alcohol/drug offenders in 1980.

Regarding Judge Thomas’ gift to the NJC,

President William Dressel stated, “Judge Thomas was the epitome of the greatest generation. After serving during war time, he played a vital role in building postwar America through his hard work and dedication to his community, and his family. His involvement with The National Judicial College from its early stages and later as a member of the NJC’s Legacy Council stands as a prime example of how the NJC can be a positive presence in a judge’s career throughout his or her lifetime.”

The Legacy Council was created by the NJC

to honor those who have made a planned gift that will provide for the future needs of the NJC. To join the Legacy Council, a donor names the NJC as a beneficiary in his or her:

CASE IN POINT

five battle campaigns and received the Bronze Star.

his age in golf a reported 73 times by the age of 80.

|

He served as president judge of the courts of

Crawford County from 1964 until his retirement in 1990, and then became a senior judge by assignment of the supreme court throughout western Pennsylvania until 2000. His career started in Meadville, Pennsylvania practicing law with his father in 1948 at the Thomas & Thomas law firm. Judge Thomas was then appointed assistant district attorney in 1949 and was elected

• Will • IRA or other retirement plan • Life insurance policy • Life income (Charitable Gift Annuity) If you are interested making a planned gift to the NJC and joining the NJC’s Legacy Council, please contact the NJC’s Development Director Gretchen Alt Sawyer at (775) 327-8257 or alt@ judges.org.

2012 Issue

D

10

uring the communicating past twenty just how highly it years, mediation has values mediation surpassed arbitration c o n f i d e n t i a l i t y. as the most commonly Rather than finding used form of an exception where alternative dispute there had obviously resolution (ADR). At been improper present, all states have attorney conduct, the included mediation court ruled to uphold as an integral part of this confidentiality their court procedures, principle as sacrosanct and all federal courts and untouchable. incorporate mediation As with any in some manner. conf identialit y M e d i a t i o n statute, and regardless consistently receives of the profession it high marks in user may apply to, it is satisfaction surveys. never the legislative The popularity of intent that such an the process is often enactment should attributed, in part, to provide a forum one of its hallmarks— that allows abuse, c o n f i d e n t i a l i t y. criminal activity or Confidentiality allows malpractice to occur. by Nancy Neal Yeend and Stephen Gizzi, Esq. mediating parties Yet, depending on to conduct in-depth how confidentiality negotiations, discuss topics and explore options that is defined, and whether exceptions are identified, what otherwise would be off limits if they were discoverable. those specific exclusions are, and when and where the However, unlimited confidentiality in mediation can be confidentiality and any such exceptions are in effect,2 abuses can arise. too much of a good thing, when it is (mis)used to shield Attorneys are not the only ones whose wrongful acts such things as abuse, illegal behavior or malpractice. are protected by mediation confidentiality, as it applies to all participants. Others can abuse the confidentiality Where Is the Problem? shield—including the mediator. For example, consider a Since a confidential mediation process has proven itself situation where a mediator agrees to mediate for an hourly to be both effective and popular, where is the problem? fee but, during the mediation in private caucus, says to Simply put, confidentiality can provide a shelter for 1 the plaintiff, “If I can get you more than $200,000, will abuse. For example, a recent California case involving confidentiality determined that even strong evidence of you pay me 10 percent of that amount?” Plaintiff agrees. attorney malpractice would not provide sufficient cause In caucus with the defendant, the mediator says, “If I can to penetrate the cloak of confidentiality that safeguards push them to settle for less than $600,000, will you pay the mediation process. In that case, the client claimed me 10 percent of that amount?” Defendant agrees. A few that his attorney committed malpractice while preparing hours later the case settles at $400,000. Each side pays for the mediation session, as well as in private caucus the mediator ten percent of the paid/saved amount, and during the mediation, without the mediator present. the mediator walks off with a $40,000 “bonus.” In states It is important to highlight the fact that in reaching that do not provide for exceptions to confidentiality, the its conclusion, and holding as it did, the court was mediator’s conversations and conduct are inadmissible.

MEDIATION CONFIDENTIALITY

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

CAN THERE BE TOO MUCH?

Unethical behavior is not limited to practitioners.

One must also consider the conduct of experts, adjustors, witnesses and even the parties. Perhaps that is why some legislatures fear going down the “slippery slope” of creating exceptions. Once exceptions are carved out, where do you start? Where do you stop? There is little question that excellent arguments can be made for many exceptions for each category referenced above.

However, too many exceptions could ultimately nullify the advantages of confidentiality and render it, and the mediation process, less effective.

Confidentiality Defined For the most part, each state defines mediation and confidentiality in its own unique way.3 Some states have “borrowed” definitions from other states. The Uniform Mediation Act (UMA) essentially defines confidentiality in terms of communication: “... mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State.”

At this writing, ten states (NE, IL, NJ, OH, IA, ID, SD, WA, UT and VT) and the District of Columbia have adopted the UMA.4 It’s not unusual for confidentiality to be linked to communication. For example, Florida’s Chapter 44.405 makes this connection and uses confidentiality and privilege to protect mediation discussions. “A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant’s counsel.” The statute further states, “A mediation party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.”

11

TIPS FOR STATUTE REVIEW Review the following aspects of your statutes: 1. Mediation: Clearly define mediation and distinguish it from other forms of ADR such as settlement conference, conciliation and arbitration.

2. Confidentiality: Explicitly define mediation confidentiality.

3. Exceptions: Tie specific exceptions to the confidentiality definition.

Address issues of abuse, criminal, malpractice and other “right to know” exceptions.

2012 Issue

5. Ethics: Address when, how and by whom an explanation of confidentiality and any exceptions are provided to mediation participants.

|

4. Reporting: Identify who can report confidentiality violations. Outline a clear process for reporting and describe penalties for violations.

CASE IN POINT

Exceptions There are many possible exceptions to confidentiality, but few are incorporated into mediation statutes. Abuse (child or elder), criminal activity or planning a crime are the typical exceptions to confidentiality. However, some state mediation confidentiality statutes are even silent on these issues. There is no uniformity in how exceptions are addressed. When states do create exceptions to mediation confidentiality, they typically handle it in one of three ways: create very specific exceptions to the confidentiality statute, create broad exceptions in the statute, or create exceptions by reference to other unrelated rules or statutes. It is not uncommon to find that states combined broad exceptions with those by reference.

An example of a specific exception may be found in South Dakota5 where the confidentiality shield is pierced “... to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation.” 6 Arizona’s Standards and Guidelines for Mediation Programs §12-2238 is an example of a broadly worded statute: “The communication, material or act is relevant to a claim or defense made by a party to the mediation against the mediator or the mediation program arising out of a breach of a legal obligation owed by the mediator to the party.” Further along in the section it creates an exception by reference if the “disclosure is required by statute.”7 Nevada also broadly defines its exceptions.

12

Connecticut provides an example of an exception by reference: Conn. Gen. State. 52-235d states it will consider “circumstances in which a court finds that the interest of justice outweighs the need for confidentiality, consistent with the principles of law.”

Similarly, Arkansas8 leaves room for exceptions by reference: “If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to the court having jurisdiction of the proceedings to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order of the court or whether the communications or materials are subject to disclosure.”9 North Dakota states that exceptions are “as authorized by the court ... or as permitted

under N.D.C.C. §31-04-11 and 14-09.1-06.” Illinois10 states that confidentiality is waived “in situations where professional misconduct reporting rules, such as the Rules of Professional Conduct, require reporting of a mediation communication.” Nebraska uses similar wording. States that have adopted the UMA typically provide exceptions by reference.

Work Ahead Legislatures and courts11 need to carefully consider rules that address mediation confidentiality, and any associated exceptions. Providing for “ in camera” determinations, while appearing to be one logical solution, will ultimately lead to inconsistencies, because what may be compelling to one judge may not be to another. Such an approach also forces the judiciary into the unenviable task of “making law,” rather than interpreting it. NJC

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

1 California Supreme Court decision: Cassel v. Superior Court, 51 Cal 4th 113.

2 States define confidentiality differently—what it applies to and when it takes effect. Some states say it applies from the first conversation to the last, and includes the settlement agreement. Others only apply confidentiality to the actual mediation session.

3 In a review of mediation statutes, it appears that some states have not yet specifically defined mediation or confidentiality.

4 The National Conference of Commissioners on Uniform State Laws drafted the Uniform Mediation Act, UMA. In August 2001 the Commissioners approved and recommended the UMA for enactment in all states.

Some eleven years later only 20 percent of states have approved the Act. See UMA, §8 (Confidentiality) Modifications.

5 See §19-13A-4 (6) SD Codified Laws-Uniform Mediation Act, SD Legislature 2008.

6 Some additional examples of specific exceptions include Idaho’s Rule 507 that addresses malpractice committed by anyone, including the mediator and attorneys. Virginia has an exception for both attorney and mediator malpractice. Georgia’s exception for malpractice only includes the mediator for “...disciplinary complaints brought against a neutral...” Kansas includes an exception for the mediator. Florida’s Chapter 44.405 specifically provides for a number of exceptions to confidentiality, including to prove or to disprove professional malpractice occurring during mediation.

7 Michigan’s language is nearly identical to Arizona. Other states that provide similar exceptions by reference include Colorado’s §13-22-307 (Confidentiality) “...mediation communication is required by statute...” South Carolina’s Rule 8 (b) (5) (Confidentiality): “Any disclosures required by law or a professional code of ethics.” Tennessee refers to its general Rule 408 exceptions. Kentucky’s exceptions are also broad.

8 See Title 16, Practice, Procedure and Courts, Chapter 7. Dispute Resolution, §16-7-206(c).

9 Texas and Louisiana use similar “in camera” wording. New Jersey provides exceptions for attorney conduct by reference to Rules of Professional Conduct. North Carolina only addresses mediator conduct. Washington also provides exceptions only by reference. Iowa’s Chapter 1062, Mediation Confidentiality, H.F. 2478 Section 2 (3), is explicit regarding some exceptions, but also uses reference: “When disclosure is required by statute.”

10 See Illinois adaptation of the UMA: §20.07 (b) (1).

11 In the case of court-connected programs, judges can review the rules and determine if revisions or additions are necessary. The sidebar in this article outlines the basic steps for conducting such a review.

The latest issue of Judicature features articles on: The Chief Justice as Advocate-in-Chief: Examining the Year-End Report on the Federal Judiciary, by Dr. Richard L. Vining, Jr. and Dr. Teena Wilhelm. This article examines the record of Chief Justice Roberts as an agent of judicial reform, through a review of his yearend reports on the federal judiciary, and a comparison with reports from previous chief justices. The authors group judicial improvements requested by the chief justices into several categories and then assess the success of Roberts and earlier chief justices in achieving their stated goals.

Turner v. Rogers: The Implications for Access to Justice Strategies, by Richard Zorza. This article

reviews and analyzes a recent Supreme Court decision regarding self-representation, the right to counsel and, ultimately, access to justice. The author highlights how the court’s decision “explicitly recognized the need for procedures such as judicial questioning and the availability of court forms to meet constitutional requirements.”

The spring issue of the Judicial Conduct Reporter includes the articles, Switching Hats: The Judges as Litigant, and Fine Tuning Disqualification Rules. Both articles discuss the complexity of balancing life as a judge and an everyday citizen, exploring how to handle situations in which these roles conflict with one another.

The American Judicature Society recently published Inside Merit Selection: A National Survey of Judicial Nominating Commissioners, by Dr. Rachel Paine Caufield. The report analyzes the results of the largest-ever survey of judicial nominating commissioners and provides readers with a better understanding of how current merit selection systems operate. Inside Merit Selection is available at www.ajs.org. Hard copies are available upon request by calling 800-626-4089.

PrOvEn AudiO/visuAl sOlutiOns fOr YOur COurtrOOm ExhibitOne Corporation is the country’s leading provider for the design, engineering, installation and servicing of high-performance audio/visual solutions for courtrooms.

Since 1997, we have provided more than 1700 federal, state, county and municipal courtrooms with: rat ion

Exh i b i t One

C

15

th

A N NIV E

RY

po

A

or

R

S

• • • • • • • •

Audio systems digital recording digital signage master Control systems Portable Presentation systems trial display systems video Conferencing virtual Court-interpreter systems

You can find ExhibitOne courtroom solutions on the GSA Schedule.

www.ExhibitOne.com info@ExhibitOne.com 888.572.3265

Celebrating 15 Years in Business

www.ExhibitOne.com

14

In-State Scholarship Funds Provide Access to Judicial Education

T

here is no doubt that economic uncertainy has forced many not-for-profit entities, including The National Judicial College, to be more creative in the delivery of services. Because budgets for judicial education—along with funds for out of state travel and lodging—have been slashed over the past few years, the NJC has increased its efforts to build individual state scholarship funds. These funds are housed at the NJC and are established by one or more donors in a particular state for the benefit of judges in that state only. State scholarship funds can be used to: • Provide scholarships for judges to attend courses at The National Judicial College; • Provide financial resources to develop and present in-state courses; and

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

• Create training and educational opportunities to supplement existing programs that address judicial education or training needs.

Sponsoring in-courses in and for a specific state has been a particularly attractive option for the use of state scholarship funds. Courses funded through these scholarships typically educate a greater number of judges locally rather than paying for out-of-state travel for a few judges to attend a course elsewhere. This year, the J.F

Maddox Foundation, a New Mexico foundation, funded an in-state training program for New Mexico judges that will address children and the law, a need identified by the Corrine Wolfe Children’s Law Center, a partner in this project. At least 25 of New Mexico’s judges will attend the two-day course in Albuquerque in late 2012.

According to Judge Don Maddox (Ret.), a member of the Board of Directors of the J.F Maddox Foundation, “In this age of reduced funding for judicial education, it is essential for the NJC to provide in-state educational opportunities for judges who cannot access out-of-state training programs. We are proud to support this effort that will benefit not only New Mexico judges, but also the children and families they serve.”

South Carolina is another state that has an established fund for the benefit of their judges. Through the generosity of the South Carolina Bar Foundation, at least five of South Carolina’s newly elected or appointed judges are able to attend the NJC’s foundational course General Jurisdiction and have done so every year since 1991. “The South Carolina Bar Foundation has partnered with the NJC to educate South Carolina judges, especially our new judges,” said Toyya Brawley Gray, president of the South Carolina Bar Foundation. “Upon their return from the class, judges tell us that attending the NJC is a unique educational experience that equips them to better serve the citizens of our state.” Over 380 judges have been educated since 1991 through the generosity of the South Carolina Bar Foundation, including Judge Holt on the cover of this issue of Case In Point.

Other states with educational funds at the NJC include Nevada, Colorado, Illinois, Texas, and Florida.

The NJC is actively pursuing foundations, corporations and individuals to establish a state scholarship fund or contribute to their state’s existing fund. NJC For more information on the NJC’s State Scholarship Fund program, please contact the NJC’s Development Director Gretchen Alt Sawyer, at (775) 327-8257 or alt@judges.org.

SEAMLESS DOCUMENT DRAFTING WITH WESTLAW DRAFTING ASSISTANT With Westlaw Drafting Assistant, you can carry out seamless research and analysis without leaving your word processor. Locate information and authority, verify the current status of authority, and generate tables of authority – while keeping your drafting rhythm flowing.

It’s the kind of efficiency that can cut hours off your drafting time.

For more information, visit store.westlaw.com/draftingassistant

Westlaw CaseLogistix®

West km®

Westlaw Case Notebook™ Westlaw® Drafting Assistant

© 2012 Thomson Reuters L-375140/5-12-12 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.

16

Making the Connection: Surface and Groundwater The NJC’s Dividing the Waters Program invites judges adjudicating water cases to join their colleagues in the 2012 conference, Making the Connection: Surface and Groundwater, to explore the legal and scientific connections between surface and groundwater. This year’s conference will take place October 17-20, 2012 and will engage participants in the fascinating world of water conflicts, which are constantly evolving as climate and water management change.

Surface and groundwater systems enjoy both stark differences and striking commonalities. Surface water flows in plain sight, making diversions to uses relatively easy and providing a source of hydroelectricity. Groundwater moves glacially, if at all, far below ground and requires energy to extract and use. States often have different systems for managing these seemingly different waters.

Although water users may rely on both resources interchangeably, adjudication of rights and related water disputes usually occur in different courts or agencies applying different laws. As these systems change, the conflicts change and this conference will cover how best to adjudicate evolving water conflicts.

For the first time, Dividing the Waters will hold its conference at a law school, King Hall School of Law on the campus of the University of California at Davis.

Drawing on the expertise and resources of the UC Davis campus and the nearby state capital, participants

will hear presentations on the science of groundwater and connections among science, law and policy.

Conference presentations will address both substantive and procedural issues, such as the best use of expert scientists who understand the complexity of managing the interaction between water and ecosystems.

In addition to the usual sharing of experiences among Dividing the Waters judicial network members, experienced water judges will facilitate presentations and discussions on topics ranging from case initiation through use of expert witnesses, to crafting an enforceable, enduring water judgment. This conference will draw on the experience of many states, especially California, and will address both substantive and procedural issues. This unique opportunity to learn from other judges with vast experience in water conflicts cannot be matched.

The conference also includes a tour of the SacramentoSan Joaquin River Delta. Participants will hear directly from those who work on managing the land, water and fishery resources of this most valuable estuary at the heart of the California water system. The Delta is ground-zero for water conflicts in California. It’s where several fields of science collide—biology, engineering, geology, soils, and chemistry. Both the federal government and the state enjoy authority over the Delta’s resources, leading to a long history of conflict and collaboration. Judges have played critical roles in shaping that history. NJC

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

The conference also includes a tour of the SacramentoSan Joaquin River Delta.

For more information and to register for this conference, contact the NJC at (800) 255-8343.

Pillars

of Justice

Fund

Fund Supports Innovation at the NJC

A

s the nation’s leading provider of judicial education, the NJC must have the ability to continually enhance its courses to provide educational offerings that meet the contemporary challenges judges face in their courtrooms. To address this need, the NJC created the Pillars of Justice Fund in 2007 to engage law firms and corporations in an effort to ensure that the NJC has the resources to respond to the ever-changing landscape of the American justice system in a timely manner.

Donors to the Pillars of Justice Fund also recognize the NJC’s need for flexibility. Through their generous support, Pillars donors empower the College to play a leading role in developing judicial education and research initiatives as they arise—opportunities for which funding is not always readily available. The latest initiatives supported by the Pillars of Justice Fund include a recently debuted online course for newly appointed/elected judges that provides knowledge and skills that judges need before taking the bench in a self-paced format and a webcast on the impact of aging Americans on the justice system.

ing: Foreclosure for Judges; Elder Issues; Notable Decisions of the Supreme Court, 2011-2012 Term; Judicial Writing: Techniques for Improvement and The Older Driver: Special Issues.

Pillars of Justice Donors: Freedom Circle ($25,000 +)

Liberty Circle ($15,000 +)

Chevron Corporation

Hon. David M. Gersten (Ret.)

Greenberg Traurig, LLP Justice Circle ($10,000 +)

Honor Circle ($5,000 +)

Barrick Gold Corporation

Akin Gump Strauss Hauer & Feld LLP

Boies, Schiller & Flexner LLP Caesars Entertainment McDonald Carano Wilson LLP Newmont Mining Corporation PricewaterhouseCoopers LLP

Brownstein Hyatt Farber Schreck, LLP Gibson Dunn Hunton & Williams Hon. William J. Raggio (Dec.) Rawle & Henderson, LLP

Honorable Mention Donors to Pillars of Justice Fund Littler Mendelson, P.C. Jerome A. Yavitz Charitable Foundation, Inc.

For more information on the Pillars of Justice Fund and to view a list of 2011 donors, please visit www.judges.org/ giving. If you would like to speak with a staff member about the Pillars of Justice Fund, please contact the NJC’s Development Director Gretchen Alt Sawyer, at (775) 327-8257 or alt@judges.org.

2012 Issue

Webcasts: The College has been proactive in creating alternative methods of education such as online course offerings for judges who have travel or other funding restrictions. The NJC continues to expand its use of this medium and is offering nine webcasts in 2012 includ-

All donors to the Pillars of Justice Fund enjoy recognition for their gifts including featured placement in Case In Point; listing on the NJC website; recognition in the high visibility area of the NJC lobby; invitations to special events; and annual report/progress updates.

|

Educational Offerings: Despite the challenging economy, the NJC continues to provide a full schedule of courses that allows judges the opportunity to hone their skills and abilities. These skills enable judges not only to effectively preside in court, but to also assume responsibility for achieving needed change in the administration of justice.

CASE IN POINT

Funding from the Pillars of Justice Fund also supported:

17

18

Former Academic Director of The National Judicial College Brings Her Expertise to Areas All over the World

By Stacey Raits Communications Specialist

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

M

ary Fran Edwards served as the academic director at The National Judicial College (NJC) from 1996 through 2002. During her time at the NJC, Mary Fran enjoyed supervising the NJC’s international programs and meeting with foreign delegations that visited the College.

“Visiting the NJC/Chemonics Russian American Judicial Partnership in Moscow in 1999 was a life changing experience,” said Mary Fran.

“This is when I decided that I wanted to work in the international field, not just have weekly conference calls monitoring what the NJC’s people were doing in the field.”

Since Mary Fran’s time at the NJC, she has held a variety of roles on Rule of Law (ROL) projects in Asia, the Middle East, Africa, and Europe. “My years at the NJC gave me the background I needed to do international Rule of Law projects

in developing countries,” said Mary Fran. “First, I honed my management skills at one of the oldest, largest and most successful judicial education institutions in the world. Second, I learned a great deal about adult learning theory and curriculum development. Third, I learned enough to teach Training of Trainers workshops myself. Fourth, managing the NJC’s international projects abroad taught me how to work on them and meet the expectations of funders. Finally, the NJC let me organize my leave time so that I could continue my participation in International Bar Association (IBA) meetings around the world. During my years at the NJC, I spoke about continuing legal and judicial education issues in Mexico, England, Lebanon, Ghana, India, Germany, and the Bahamas.

Those international teaching and travel experiences for the IBA helped me get my first Rule of Law job with the National Center for State Courts.”

When Mary Fran left Reno, and the NJC in 2002, she moved to the Republic of Mongolia for two and a half years to work on a National Center for State Courts (NCSC) project in which she helped set up the Mongolian National Legal Center and developed the first Mongolian bar exam. She then moved to Cairo for three and a half years on another NCSC project to assist the Egyptian National Center for Judicial Studies.

That was followed in late 2008 by two months in the Republic of Kyrgyz in Central Asia advising its Judicial Training Center. In March 2009, she moved to Baghdad to help establish the Iraq Judicial Development Institute (JDI).

When she left Iraq at the end of

“My years at the NJC gave me the background I needed to do international Rule of Law projects in developing countries.”

much danger the Iraqi people still face day-to-day.”

At the end of June, Mary Fran went back to Khartoum. “I left Sudan during Ramadan in August, and then had two and half happy weeks at home before returning to Khartoum for my third trip of the year.” She ran a Training of Trainers workshop for twelve Supreme Court Justices and did an assessment of the needs of the Ministry of Justice’s education component. “On that trip, I saw some of the magnificent Sudanese pyramids and ancient temples,” said Mary Fran. “For the first, and I hope only, time in my life, I rode a camel.”

Mary Fran went home to Ireland in October but left after a week to attend the International Organization for Judicial Education conference in Bordeaux, France. “I

19

spoke on a panel about evaluating judicial education programs.” In late November, Mary Fran did a two-week program assessment in Pristina, Kosovo, which also reunited her with colleagues from former projects. “It was lovely to celebrate Thanksgiving with them,” Mary Fran said.

For the fourth time since 2007, Mary Fran celebrated Christmas at Castle Leslie in Ireland. She is looking forward to the new adventures that await her in 2012.

“I will probably go to Ukraine to perform a short assessment of their judicial institute and then return to Khartoum to develop Continuing Judicial Education curriculum and do capacity building training for the Sudan National Judiciary and Ministry of Justice staff members who run continuing education.” NJC

www.judges.org/about/njc-press.html

2012 Issue

These books and others like them are available for sale on the NJC website.

|

SHOP THE NJC PRESS

CASE IN POINT

February 2010, Mary Fran fulfilled a long-time dream of immigrating to Ireland. She bought a house on Killala Bay in County Sligo, the west coast. Since then, Mary Fran has done short-term work abroad.

2011 proved to be a busy year for Mary Fran. She started the year with a trip to the United States to attend a conference of the Association for Continuing Legal Education. She was also able to make it back to Reno for a visit.

In April, Mary Fran signed a contract with a British company for 120 days (five trips) to be the judicial and legal education expert on a United Kingdom Rule of Law project in Khartoum, Sudan.

She has now made three trips to Khartoum. It turned out that wasn’t the only place Mary Fran was needed. “Almost simultaneously, NCSC had won a contract for a short-term project in Iraq to assess the current status of the courts, prisons and police,” said Mary Fran.

In May 2011, she went to Baghdad for a month to work on the court assessment. “I stayed at a secure compound outside the International Zone where I was reunited with colleagues from former projects and made lots of new friends,” said Mary Fran. “That was fun, and I enjoyed revisiting the JDI. It was great to see it operational and presenting courses, but I was saddened at how

20

How Situational Awareness Can Prevent Violence Targeted at Judges

By John F. Muffler, M.S., Administrator, National Center for Judicial Security, United States Marshals Service

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

I

t is a simple, indisputable fact: you determine who In many judicial act cases, the assailant plotted or wins and who loses. These decisions, based on the approached and conducted some form of surveillance on facts presented and under guidance from existing law, the judges either at their courts or at the judges’ residences. may profoundly affect someone’s livelihood and liberty.

The attack or approach behavior likely was not the result of Those on the losing end are left to question themselves, a chance encounter. At a minimum, there was contact or their counsel, your decision, and maybe the fairness of a pre-incident indicator from the threatener to the judge the judicial system. Regardless of the amount or type of or his or her staff during the legal process. Accordingly, loss, be it a driver’s license, social security benefits, or you may be vulnerable to attack because of your position custody of a child, to time in prison, people on the losing and attackers have been known to take their vengeance end see you as the ultimate decision maker and the out on family and staff members, collaterally or directly, reason they did not receive if they cannot get to you.

“To every action there is always the desired outcome from

It is important that you their court proceeding. Being opposed an equal reaction.” understand what situational aware of how, when or why awareness is and that the person on the losing end Newton’s Third Law of Motion communication between may react is a fundamental you, your family, court staff primer for your security and safety and will benefit your and, if you are fortunate enough to have them, security impartial decision making. personnel, is open and honest. Situational awareness Sir Isaac Newton’s “Third Law of Motion” may is being observant of your physical surroundings, have been about physics, but the rule applies beyond identifying where the security risks are, where they may science. It relates directly to threats and inappropriate occur, or better, why they may occur. It starts with being communications received by judicial officials and courts aware that your ruling can cause a spontaneous, emotional across all levels of our government. There is not a judge reaction or planned response, and that the response can in the United States, at any level, who is immune from have devastating consequences. While the rules of the inappropriate or threatening behavior as a result of his or Judicial Code of Conduct state that your decision should her position or work on the bench. Administrative law never be based upon “what may happen after I rule” judges, appellate judges, family and trial court judges, you should be aware of what steps you can take to help tribal court judges, military judges and any other person mitigate the risk to you and your loved ones when you responsible for deciding (action) someone’s dispute do rule. NJC will or have been threatened (reaction) because they are judges.

5 Steps to Increase Your Situational Awareness as a Judge **

21

1. Communicate with everyone—family, staff and security.

Staff will have more frequent contact with parties to the case and that information, benign or otherwise, may help you make the proper security decision.

2. Listen to your instincts, to that feeling in your stomach or the hair on the back of your neck. Call a recess if you feel emotions are high or that something could happen.

Get back up. If possible, contact building security or law enforcement and explain your fears.

3. Avoid ruling from the bench if at all possible. Rule from chambers or, if allowable, send the ruling in the mail.

Ruling this way will remove you and your staff from any spontaneous outburst.

4. Many judges rule from makeshift courtrooms. Recognize that you do not want to be far from the door. Reposition furniture in your courtroom to allow you the best possible way to get to a safe location or a location where other people can help.

5. People planning to do harm are vulnerable to detection.

These pre-incident indicators come in the form of approach behavior, unusual contact, or inappropriate communication to name a few. Awareness of your surroundings and past inappropriate or threatening communication may help you detect possible threats.

| 2012 Issue

** This is a collection of points made by judges to the author while teaching as an NJC faculty member over a period of 4 years.

CASE IN POINT

Recognize that the threats are real. Understand that you are in a position of advantage as a judge. You can view the behaviors of all parties in the courtroom and as the decider of fact, you have the legal acumen to understand that the decision you render may cause a negative reaction. The combination of these two factors should play heavily into your situational awareness and enhance your ability to rule effectively as a judge.

22

ELDER LAW As Baby Boomers Age, Courts Will See an Influx of Elder Law Cases

By Rebecca C. Morgan Boston Asset Management Professor of Law Stetson University College of Law

Black’s Law Dictionary defines elder law as “[t]he field of law dealing with the elderly, including such issues as estate planning, retirement benefits, social security, age discrimination, and healthcare.” What this definition tells us is that elder law as a field of law is different than many other areas of law, in that the practice is defined by the client, rather than by the substantive law. As a result, elder law encompasses a large variety of topics, including those suggested by Black’s. The National Academy of Elder Law Attorneys (NAELA), in its publication, What Are the Issues Addressed by Elder and Special Needs Law Attorneys, includes thirteen substantive areas within the practice of elder law: “[e]state planning and probate, estate and gift tax planning, guardianship/ conservatorship, Medicaid, Medicare, entitlement programs, retirement benefits, age discrimination, elder

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

abuse/neglect, housing, long-term care financing, medical decision-making, disability planning, [and] insurance.”

When considering the wide variety of topics that fall within the umbrella of an elder law practice, and the fact that elder law is defined by the client, it is clear that sooner or later, if not already, an elder law case will be assigned to your court. But does that alone mean that judges should learn more about elder law? Combine the breadth of topics with demographic factors. We are all living longer and there are more of us who are making up that percentage of the population that is considered old. We have had “old people” in our society before.

This is not anything new. Why then is The National Judicial College hosting a webcast on elder law?

Two words: Baby Boomers.

In May 2010 the U.S. Census Bureau published a report, The Next Four Decades: The Older Population in The United States: 2010 to 2050 Population Estimates and Projections, looking at how the U.S. population is going to age over a forty year period. This report notes that by 2030, almost twenty percent of the U.S. population will be 65 or older. The leading edge of the Baby Boomers started turning 65 in 2011 and a significant number of

them will do so every year until the last of them have reached that age. So this means there are a lot of people who will fall within the age group of “old.”

With the demographic data, is it inevitable that you will see more elders in your courts? Yes. They will have various roles as litigants, as victims of elder abuse, or as subjects of guardianship and/or conservatorship proceedings. Because of the array of issues that fall within elder law, it is possible for you to see many different types of cases. For example, a plaintiff may be seeking to rescind a contract on the grounds of fraud or undue influence, or someone on behalf of the elder may claim that the elder lacked capacity to enter into the contract.

A plaintiff may be suing for injuries she received while residing in a nursing home. A nursing home may then move to dismiss the suit on the basis that the admissions contract had a provision for mandatory arbitration.

The plaintiff then counters that the arbitration clause is unenforceable for various reasons. A beneficiary or other interested person may be challenging a will, a trust, or the use of a power of attorney on the grounds that

Recognizing the growth of this specialized area of law, the NJC is offering the first in a series of webcasts focusing on elder law topics.

| 2012 Issue

The webcast will be held on September 12, 2012 at 12:00 PST. To register, go to www.judges. org/webcasts/index.html, locate “Elder Issues” and click on “Register”. The cost is only $59 and can be paid with a credit card. You may also want to speak with your court leadership about the possibility of entering into a state subscription plan.

For more information, please contact William Brunson at brunson@judges.org. NJC

23

CASE IN POINT

someone, the agent, another beneficiary, or the trustee, asserted undue influence over the principal or that the fiduciary has failed to discharge his or her duties.

The elderly person may be a victim of undue influence in a consumer contract or worse, a victim of elder abuse.

The victim may be testifying against the perpetrator in a criminal proceeding, be the plaintiff in a civil suit seeking damages from the abuse, or Adult Protective Services (APS) may be seeking an order to provide protective services to the victim. The elderly person may be unable to care for him—or herself or provide him— or herself with the necessities of life, and APS believes the person meets the definition of self-neglect and seeks an order of protection from you. The person may lack capacity, whether from dementia or other reason, and a petition is filed for the appointment of a guardian and/ or conservator.

Family matters know no age. Grandparents may be seeking visitation with, or adoption of, their grandchildren. Long-term marriages, or short-term marriages, may end in divorce. Blended families aren’t so blended, and family disputes spill over into the courts.

One adult child moves mom from her home state to the child’s state and another child objects. One child becomes the current favorite, and the parent changes her testamentary disposition to benefit the favorite, and the other children seek redress in the courts, claiming undue influence or abuse.

People of all ages need health care and need to make health care decisions. Although the issue is not the province of the old, there may be a question regarding the termination of end of life care for a patient, and the court may need to make the decision.

Anecdotally, it appears that litigation is on the rise in elder law—especially in contest cases—trust contests, will contests, challenges to agents’ actions under powers of attorney and claims of undue influence are increasingly used as a basis for the challenge. Did the elder have capacity to contract, to make the will, to sign the trust, to designate the agent?

Elderly people can also be perpetrators of crimes, and there are some unique issues in those cases. Did the perpetrator have capacity? What if the perpetrator has dementia and the disease presents itself in violent behavior? Assume the perpetrator committed the crime and has a mid-stage dementia. What will the sentence be? And where will the sentence be served?

The list goes on and on. It is helpful for you to recognize that elder law cases will show up in your court and may require some specialized knowledge and expertise on your part on how your should handle these cases. For example, the court may want to grant frequent breaks for parties or witnesses who cannot sit for long periods of time. Judges need education on red flags regarding victims of elder abuse. It is important that judges understand that an elder may be vulnerable, even without a judicial finding of incapacity. Does the witness or litigant have sufficient capacity to testify? The National Center for State Courts offers the Center for Elders and the Courts (http://eldersandcourts.org), which presents, among other things, information for courts on providing access to elders (www.eldersandcourts.org/ aging/improving-access.html).

Recognizing the growth of this specialized area of law, The National Judicial College is offering the first in a series of webcasts focusing on elder law topics. This first webcast, scheduled for September, will provide an overview on three elder law hot topics: elder abuse, undue influence and end of life cases. This webcast will explain the different types of cases of elder abuse that may come before the courts, the issues faced by the courts when dealing with cases alleging undue influence, and the circumstances under which end of life cases are brought to the courts.

celebr ating 50 years 24

20 The NJC will be commemorating its 50th Anniversary in 2013 by holding a symposium in each

of three cities. Invited attendees will include judges, lawyers, state judicial educators, scholars, researchers, representatives of court user groups, and other stakeholders. Each symposium will (1) produce educational proposals that can be used to conduct programs/presentations throughout the justice system and/or in the civic arena, (2) determine issues that should be addressed in future justice improvement initiatives, (3) identify educational material for justice system entities, and (4) promote collaboration among all who seek to improve justice.

For more information, visit the website at www.judges.org/50th

CIVILITY IN THE AMERICAN JUSTICE SYSTEM: Promoting Public Trust and Confidence April 7-8, 2013 National Constitution Center | Philadelphia, PA

It’s essential that America’s courts serve and be accountable to its constituents for the court’s work and demonstrate a high level of civility. We see the erosion of civility across society. Twenty-first century courts provide a variety of services from deciding disputes to determining scope/constitutionality of laws. These services occur because of the efforts of many, both within and outside of the court system. Each court has its own culture which sometimes promotes a civil process while in others, the opposite results. The business of courts has changed, including who is coming before courts with an increase in self-represented litigants. The impact of technology on justice system operations as well as coverage of courts only adds to the need to revisit court culture/civility and what is expected of those who come to court.

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

HOW COURTS RESOLVE DISPUTES: The Role of the Jury Trial in the 21st Century June 23-25, 2013 American Bar Association | Chicago, IL Title Sponsor: International Academy of Trial Lawyers

Transparency in government is the cornerstone of any democracy. Since the founding of America’s justice system, the jury system has represented the pinnacle of American Justice. This symposium will begin with a discussion of how cases are being resolved for later examination of the essential skills of the 21st century judge. It will then focus on jury trials and why they are important (beyond statutory and constitutional basis). Unfortunately, jury trials are diminishing as an option to resolve cases, raising questions including how the public views the fairness of the justice system. Are there ways to preserve the jury trial as a reasonable option? What are known innovations that support a timely, cost-effective, and fair jury trial?

Revisiting the Trial Management Standards in light of the jury trial initiatives undertaken by the ABA, ABOTA, IAALS, NCSC, and others will provide a valuable product and identify initiatives to be addressed in the future.

JUDICIAL COMPETENCY, RETENTION AND LEADERSHIP: Critical Challenges Facing the Judiciary September 9-11, 2013 The National Judicial College | Reno, NV

Who will become jurists in the 21st century? Will they be in their 30/40’s with a single legal experience? What will be required to educate them to be “more than competent judges,” become lifelong learners, and committed to improving judicial skills throughout their careers? The subject of leadership and the judge’s role in working with the bar and stakeholders on justice improvement projects will also be explored. There will be a series of products/deliverables developed from the symposium which may consist of (1) a new or updated version of Principles and Standards of Judicial Branch Education, (2) identification of core competencies required to be a judge, (3) review of subjects/protocol appropriate for judicial education, and (4) identification of issues for future action.

2013 COURSE PREVIEW Tribal Court Management of Alcohol and Drug Cases.........................................February 25-28........Reno, NV

013 When Justice Fails: Threats to the Independence of the Judiciary (JS 644).....March 3-7................Washington, DC

25

Essential Skills for Tribal Court Judges......................................................................March 18-21.............Reno, NV

Fundamentals of Evidence........................................................................................March 18-21.............Reno, NV Essential Skills for Appellate Judges........................................................................March 18-21.............Reno, NV

Current Issues in the Law............................................................................................April 7-11...................Philadelphia, PA

Commercial Driver’s Licensing Laws........................................................................April 8-11..................Reno, NV

Handling Domestic Violence Cases in Tribal Court...............................................April 15-18................Reno, NV

Judicial Philosophy and American Law..................................................................April 21-25................TBD

Court Management for Tribal Court Judges and Personnel (JM 690)................April 22-25................Reno, NV

Civil Mediation.............................................................................................................April 22-26................Reno, NV

General Jurisdiction (JS 610)....................................................................................April 28-May 9.........Reno, NV Logic and Opinion Writing (JS 621)...........................................................................April 29-May 2.........Reno, NV

Scientific Evidence and Expert Testimony (JS 622)................................................May 6-9....................Reno, NV

Appellate Skills for Tribal Judges..............................................................................May 20-23................Reno, NV

Evidence in a Courtroom Setting (JS 633)...............................................................May 19-23................TBD

Special Court Jurisdiction..........................................................................................June 3-13.................Reno, NV

Special Court Jurisdiction: Advanced (JS 611).......................................................June 3-13.................Reno, NV

Practical Approaches to Substance Abuse Issues (JS 628)..................................June 3-6...................Reno, NV

Administrative Law: Advanced (JS 649)...................................................................June 9-13..................Wilmington, DE

Advanced Tribal Bench Skills: Competence, Confidence and Control.............June 24-27...............Reno, NV Judicial Writing (JS 615)..............................................................................................July 8-11....................Reno, NV Decision Making (JS 618)............................................................................................July 8-11....................Reno, NV Dispute Resolution Skills (JS 625)...............................................................................July 15-18.................Reno, NV Advanced Tribal Court Management......................................................................July 22-25.................Reno, NV Practical Approaches to Family Issues in Tribal Court..........................................July 29 - Aug. 1........Reno, NV

Impaired Driving Case Essentials.............................................................................August 12-15............ Reno, NV

Administrative Law: Fair Hearing (JS 612)................................................................August 12-22............ Reno, NV

Co-occurring Mental and Substance Abuse Disorders.........................................Sept. 30-Oct. 3........Reno, NV

CASE IN POINT

Management Skills for Presiding Judges.................................................................Sept. 30-Oct. 4........Reno, NV

|

Best Practices in Handling Cases with Self-Represented Litigants......................August 19-22............Reno, NV

Commercial Driver’s Licensing Laws........................................................................August 19-22............Arlington, VA Writing for Tribal Judges.............................................................................................August 19-22............Reno, NV General Jurisdiction (JS 610).....................................................................................Sept. 29-Oct. 10......Reno, NV

Managing Challenging Family Law Cases: A Practical Approach (JS 634)......October 7-10...........Reno, NV

Civil Mediation.............................................................................................................October 21-25.........Reno, NV

Advanced Evidence (JS 617).....................................................................................November 17-21......TBD

This course preview is provided as an advance viewing of 2013 courses and does not reflect the full schedule to be offered.

All courses are subject to change.

2012 Issue

Ethics, Fairness and Security in the Courtroom and Community........................October 7-10...........Reno, NV

Silver Hair & Black Robe

26

• Investment options in the retirement context which included mutual funds and annuities • The impact of income tax on retirement benefits • Retirement timing and strategies

T

he NJC, in collaboration with the American Bar Association Senior Lawyers Division, recently sponsored a webcast titled, Silver Hair & Black Robe, which dealt with retirement planning. The webcast faculty provided attendees with written forms, checklists and charts, as well as supplemental materials for reference and research. The faculty highlighted some of the multi-faceted problems that planning for retirement presents as well as some of the unique challenges caused by the aging process.

While the faculty discussed traditional sources of retirement income such as pensions and social security, the instructors focused on the unique challenges faced by the judiciary. The instructors urged judges, if they have not already, to have a meeting with their state administrative office of the court or state entity which handles retirement benefits. The webcast addressed several issues including:

• Legal documents such as wills with a possible testamentary trust, advance directives such as a power of attorney, health care proxy and living will or medical power of attorney • Non-traditional and challenging issues of long-term care

The program also highlighted some of the psychological aspects of retirement including an individual’s identity and feeling of self-worth once he or she is no longer a judge, the planning for a rewarding and meaningful life after years of service in the judiciary, and the need to discuss these issues not in isolation but with a spouse and close family members.

The overall response to the webinar was very positive ,and it is hoped that additional collaborative programs will be presented in the future.

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

To view a recorded version of the webcast, enter the following link into your web browser: http://bit.ly/IPeEzX, or visit the NJC’s website at www.judges.org and select Courses, Webcasts (Recorded), Silver Hair & Black Robe.

ABA: The Judges’ Journal, Summer 2012 This summer’s issue of the Judges’ Journal focuses on civics education. Knowledge of civics by our citizens is essential to preserve our system of government and to make it work. As former Justice Sandra Day O’Connor is fond of saying, “Knowledge about our government is not handed down through the gene pool. Every generation has to learn it, and we have some work to do.” Although formerly one of the goals of primary and secondary education was to develop citizens, today civics education is not a primary focus within our schools. Federal programs like “No Child Left Behind” and “Race to the Top” have put the focus on math and reading; social studies and civics education have lost critical instruction time. While we need to improve the quality of civics education in our schools, we also need to reach out to those who have already graduated. We have an even more difficult chore with education about the judicial branch. Even in schools that included civics education, the role and function of courts was often ignored. This issue highlights some of the programs that are being used to reach out to the public both in and out of school from iCivics to the Least Understood Branch. It describes these resources and should help anyone interested in developing a public education program. In addition, the Judges’ Journal also includes its regular columns on technology in the courtroom and judicial ethics.

28

Reaching Generations The NJC Has

Inspired Several Families of Judges

By Stacey Raits, Communications Specialist

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

B

oth Judge Jody M. Luebbers, Hamilton County Common Pleas Court in Cincinnati, and Judge David T. Matia, Court of Common Pleas in Cleveland, are not the first in their families to attend The National Judicial College. In fact, Judge Matia might be one of the youngest attendees. He remembers coming to the College in Reno, Nev. for General Jurisdiction back in 1971 (a four week class at that time) with his dad, Judge David T. Matia, Sr., and the other members of his family. Though he was young and a lot of his memories from that month-long visit are from driving around Lake Tahoe in the back seat, or injuring his finger in the dorms, he does know how much the campus has changed since 1971. “The College and campus were a lot different back then,” said Judge Matia. “It was definitely more rural and the dorms that we stayed in were much different.”

Judge Matia attended the College himself in May 2011 for the course, Co-Occurring Mental and Substance Abuse Disorders. Also in attendance at that course was Judge Luebbers. She had never been to

Reno or The National Judicial College before that class, but she had heard about it from her father. “I must say this was one of the best conferences I have ever attended,” said Judge Luebbers. “The speakers were fantastic—so real and practical. It was also terrific to meet judges from other places who experience similar situations and who could share their ideas, practices and give me their advice. I actually picked up a reward incentive that I use in my courtroom on a weekly basis that one judge shared with me, and I only learned about it because I attended the NJC.” Judge Luebbers’s father, Judge Joseph Luebbers, attended his first course, Special Court Jurisdiction: Advanced, in 1973. He served as a municipal court judge in Cincinnati for 30 years.

“I was three when he was elected and don’t remember him being anything other than a judge,” said Judge Luebbers. “He often attended seminars at the NJC to obtain his judicial CLE’s. He spoke so highly of the NJC and the courses they offered. They were so different than the courses offered in his state. I know how much he enjoyed them.”

“I wish I had could have been on the bench with my father and to have at tended courses at the NJC with him,” said Judge Luebbers.

“A judge gets to touch so many lives,” said Judge Matia “To me, it ’s so fulfilling and impactful.”

Unfortunately, Judge Luebbers’s father never got to see her as a judge. She has been on the bench for four years now, and he passed away eight years ago. “He was never able to see me as a judge, but I think he’d be pleased that I followed in his footsteps,” said Judge Luebbers. “I am one of five siblings and the only one who went to law school. I didn’t really know what I wanted to do after college with a degree in public administration, so I went to law school. I think I always had it in the back of my mind because I was extremely influenced by my father.

He loved his job, and it showed. I looked up to him so much; we were very close and I wanted to be just like him.” Judge Luebbers definitely followed in her family’s tradition. “My great uncle, my grandfather’s brother, Al Luebbers, was also a judge in Cincinnati before my father. When I was running for election part of my platform was that I was going into the family business.

It got many laughs and even some votes I think.”

29

Judge Matia is also a third generation judge as his grandfather was a judge too. “I didn’t always want to become a judge, but I knew it was always an option,” said Judge Matia. “I explored other paths throughout college before deciding my senior year that I would go to law school.” Even then, Judge Matia wasn’t sure that he’d become a judge. “I practiced as a lawyer for several years before deciding I wanted to have a bigger impact. A judge gets to touch so many lives. To me, it’s so fulfilling and impactful.”

“I wish I could have been on the bench with my father and to have attended courses at the NJC with him,” said Judge Luebbers. “But it was touching and inspirational to be walking in the halls and around the NJC knowing that my dad had also been there. I hope to learn as much as he did and be as good a judge as he was and follow in his footsteps. I know attending classes at the NJC will help me accomplish this goal.” NJC

Sponsors international and regional conferences.

Recent conferences include:

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

2012 Issue

www.iaca.ws

|

Dublin, Ireland Istanbul, Turkey Trinidad and Tobago Jakarta / Bogar, Indonesia Peace Palace, The Hague

CASE IN POINT

Directed by an International Executive Board and Advisory Council.

E C I O V E N O N A O N B I I HE A IVIS O J IN T L D JO DICIA JU

The Judicial Division is the largest judicial organization in the nation, composed of appellate, administrative, federal, specialized, and state trial judges, as well as lawyers interested in improving the administration of justice.

We work to: 8 Serve as the judicial voice of the ABA 8 Promote improvements in the quality of justice 8 Make the judicial system more understandable, accessible, and affordable 8 Preserve the fairness and impartiality of the judiciary and the legal profession 8 Improve bench and bar relations 8 Promote diversity on the bench

Join now at www.americanbar.org/jd For more information about the Judicial Division, contact Jo Ann Saringer, ABA Judicial Division Member Communications Specialist, 1.800.238.2667 ext. 6259 or joann.saringer@americanbar.org.

OneVoiceAD.indd 1

6/13/12 1:33 PM

Human Trafficking

31

What Judges Should Know (And Why)

E

By Terry Coonan, Executive Director, Center for the Advancement of Human Rights, Associate Professor of Criminology & Courtesy Professor of Law, Florida State University College of Law

2012 Issue

Under a grant from the U.S. Department of Justice, the NJC is presenting Human Trafficking: What Judges Need to Know on December 5, 2012 at noon Pacific / 1 p.m. Mountain / 2:00 Central / 3:00 Eastern. You can register for the course at www.judges.org/webcasts.

|

for combating modern slavery. These new laws build upon the recognition that much human trafficking is effected not just through physical force (the hallmark of traditional slavery) but also through fraud and psychological coercion. Countless trafficking victims are exploited as a result of traffickers confiscating their identity documents, threatening them with deportation, or threatening the lives of family members back in a home country. Not all trafficking victims are foreign born. U.S. citizens with a particular vulnerability—teenage runaways, homeless persons, and developmentally disabled individuals— have all been exploited in trafficking schemes in the past decade.

Those exploited in human trafficking offenses are now seen as victims, even if they were engaged in an otherwise illegal activity, such as commercial sex or working without proper immigration papers. The rationale for the new trafficking laws is two-fold: (1) persons exploited in modern slavery must be treated as victims rather than criminals, and (2) those responsible for their exploitation must be prosecuted. Evolving state and federal laws give prosecutors entirely new tools for pursuing such cases and provide hope and assistance for victims. Foreign born victims can qualify for the same benefits as those given to refugees, and numerous states now allow victims to also sue for civil damages. While human trafficking seems to thrive as the dark underside of globalization, such new legal tools will hopefully help counter this form of modern slavery. Informed state judges will surely have a role to play in a law-based abolitionist response. NJC

CASE IN POINT

arly in July of 2006, a state judge in Tallahassee, Fla. was asked by local law enforcement to authorize a search warrant based on Florida’s new human trafficking statute. The warrant was one of the first to be issued under Florida’s 2004 anti-trafficking law. It led to the discovery that a Colombian organized crime ring was engaged in an international sex trafficking operation functioning mere blocks from the Florida state capitol building. An ensuing federal prosecution (U.S. v. Melchor) led to the dismantling of the international crime ring and to the rescue of young women from all over Latin America who had been smuggled into Florida and exploited in forced prostitution.

The Melchor case is a textbook example of the importance of state judiciaries and local law enforcement’s roles in combating human trafficking—modern day slavery practices that have proliferated throughout the United States in the last 20 years. While the vast majority of trafficking cases have been prosecuted in federal courts, it remains local law enforcement that is typically the first responder in such cases and is most likely to encounter human trafficking victims in a variety of circumstances. In the Melchor case, it was alert local law enforcement and a state search warrant that led ultimately to the successful federal prosecution. Mindful of this trend, almost every U.S. state in the last decade has enacted laws that enable local law enforcement officials and prosecutors to pursue trafficking cases in their respective state courts.

This trend is part of a sea-change in the U.S. judicial system that began with the passage of the federal Trafficking Victims Protection Act (TVPA) in 2000.

That landmark law—and the state statutes that have been its progeny—have introduced an entirely new paradigm

NTJC News 32

Walking on Common Ground, Tribal/ State/Federal Judicial Symposium Event focused on Idaho, Montana, Nevada, and Wyoming

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

I

n February of 2012, The National Tribal Judicial Center (NTJC) at The National Judicial College (NJC) hosted the Walking on Common Ground, Tribal/State/ Federal Judicial Symposium and regional training for Idaho, Montana, Nevada, and Wyoming in Sparks, Nev. An on-going training series, representatives from tribal, state, and federal agencies from this region were invited to participate in discussions about existing tribal/ state agreements and new ideas to encourage stronger ties and cooperation between jurisdictions.

This year, the symposium topics included the Violence Against Women Reauthorization Act of 2011, full faith and credit, Project Passport, the Hope Card, Montana Domestic Violence Fatality Review Commission, caselaw update, and the launch of the WalkingOnCommonGround.org website, as well as

panels that discussed tribal/state law enforcement agreements and other tribal/state agency agreements. The NTJC was honored to have special guest, Betty A. Flint, Washoe Elder of the Washoe Tribe of Nevada and California, actively participate in the symposium, and was privileged to have the Hon. David W. Hagen (retired federal judge) open with the keynote address. Tribal representatives and court officials, the Inter-Tribal Council of Nevada, the Bureau of Indian Affairs, NV Legal Services, National Center for State Courts, Montana Highway Patrol, Nevada Attorney General’s Office, United States Attorney’s Office for the District of Nevada, and representatives from the Office of Victim Services–Department of Justice were also in attendance.

“The NTJC is honored to continue the series of Walking on Common Ground events at the

regional level,” said Christine Folsom-Smith, NTJC director. “This is a unique opportunity for members of tribal, state, and federal justice systems to come together to share information and form future collaborative alliances. It is exciting to be involved with positive change as it emerges and the NTJC is committed to continuing this series of events in Indian Country.”

Patricia Lenzi, NTJC program attorney said, “The NTJC’s work in the Walking on Common Ground series is an important step toward strengthening and improving existing tribal/state/federal relationships.

It is important to continue to forge these relationships throughout Indian Country. The NTJC supports these efforts through its work.”

The NTJC is currently working on the next regional training for 2013, made possible by a grant from the Bureau of Justice Assistance. The NTJC continues to work toward providing a professional forum for tribal, state, and federal jurisdictions to introduce new ideas on collaborations and to stimulate discussion on promoting innovative concepts to address existing challenges involving jurisdictional issues.

The event was sponsored by The National Tribal Judicial Center at The National Judicial College and is funded by a grant from the Bureau of Justice Assistance.

Photo, from left to right: Jennifer R. Leal, NTJC; Christine FolsomSmith, NTJC; Patricia Lenzi, NTJC; Sue Fahami, U.S. Attorneys’ Office, Reno; and Betty Flint.

33

“I found the NJC to be one of the best places to gain the information I needed to guide me in my new career.”

Judge Jean M. Webster Tribal Judicial Officer achieves a lot in her short time with the NJC

J

CASE IN POINT | 2012 Issue

ean M. Webster, tribal judicial officer with the Oneida Judicial System, is a recent recipient of the Certificate of Judicial Development in Tribal Judicial Skills from The National Judicial College. This isn’t the first certificate Judge Webster has received from the College, as last year she completed the Certificate of Judicial Development in Administrative Law Adjudication Skills.

“Not being law trained, I found the NJC to be one of the best places to gain the information I needed to guide me in my new career. I began attending the NJC in 2008 and decided that I wanted to participate in the certificate programs,” said Judge Webster. “I chose to enroll in Tribal Judicial Skills and Administrative Law Adjudication Skills.”

In March 2012, Judge Webster completed the course Essential Skills for Tribal Court Judges, bringing her attendance at The National Judicial College to ten courses since 2008. “All the courses I’ve attended have been very useful to me, but if I had to pick a favorite course, I would have to say it’s Essential Skills,” said Judge

Webster. “The presenters did a wonderful job in outlining our role as Tribal judges. Even though we live within the western society, we as Tribal courts are unique in that we have the ability to incorporate into our laws our culture and traditions in our decision making process.”

Judge Webster continues to come back to the College for many reasons. “I’ve gotten so much from coming to the NJC. The opportunity to learn, the ability to network with a wide variety of people from all walks of life, and the chance to gain knowledge and understanding on what the role of a judge is all about,” said Judge Webster. “Valuable and rewarding information came from the people I met, and I’ve enjoyed participating in group discussions and having the opportunity to talk with the presenters. I could not have done this without the guidance and support from the wonderful staff at the NJC. Everyone made me feel valuable and provided me with the confidence that I can be a valuable judge for my community and my Nation.”

Judge Webster has worked for the Oneida Tribe of Wisconsin in the administrative field since 1989. In 2007, she decided to make a career change and ran for the judicial officer position within the Oneida Tribal Judicial System. All judicial officers are elected by the membership of the Oneida Tribe. During her first term she was a part-time Judicial Officer, yet still held on to her full-time position within the Oneida organization.

In 2011, Judge Webster was re-elected for a second term and later that year was selected amongst her colleagues to serve as a full-time judicial officer. “My first term was a balancing act between my full-time job, my new role as a judicial officer, and my family,” said Judge Webster. “But with the support of my daughter, Josephine, son-in-law, Opie, four grandsons, my mother, brothers and sisters, my supervisor, Geraldine, the Oneida Tribe, and support from the NJC scholarship programs, I was able to achieve two certificates from the NJC. Thank you everyone.”

34

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

NCJFCJ Celebrates 75 Years The National Council of Juvenile and Family Court Judges, on the University of Nevada, Reno campus, has been providing judges and related court professionals around the nation with resources highlighting the latest information on issues including child abuse and neglect, domestic violence, juvenile delinquency, substance abuse, trauma, and crossover youth, among many others throughout its 75-year history. Many of these resources, which include publications, benchcards, and other tools, are available not only to NCJFCJ members, but to the field at large, at www.ncjfcj.org/resource-library.

One recent groundbreaking publication, Civil Protection Orders: A Guide for Improving Practice (CPO Guide), was developed by NCJFCJ in 2010 and introduced by President Barack Obama at the White House as an example of unprecedented, coordinated efforts to protect victims. Today, across the country and internationally, the CPO Guide is being used to coordinate efforts among all professionals whose practice is key to the safety of domestic violence victims, including law enforcement, prosecutors, judges, and advocates. The CPO Guide is designed to enhance the effectiveness of the civil protection order process and provides guidance for ensuring protection orders are effectively issued, served, and enforced across the country.

NCJFCJ also produces publications for members and subscribers, including the quarterly Juvenile and Family Court Journal (the Journal), which showcases cutting-edge research and discussion of best practices on topics of interest to juvenile and family court judges

and related professionals.

Immigration-related issues were the focus of the winter 2012 issue of the Journal, which included discussion of Special Immigrant Juvenile Status, family finding across international borders, domestic violence and immigrants in family court, immigrant children and families and the public child welfare system, and more. (This issue is accessible and available at no charge throughout 2012 on John Wiley & Sons’ website at http://onlinelibrary.wiley.com/doi/10.1111/jfcj.2012.63. issue-1/issuetoc).

In the coming months, the Journal will feature articles on what judges need to know about children with autism; the benefits of early assignment of attorneys in child abuse and neglect cases; family-centered practice in family court; how collaboration improves outcomes in delinquency court; and the importance of awareness of learning disabilities in young offenders.

This year is a special one for NCJFCJ: on May 22, the Council celebrated its 75th anniversary. Since forming as an organization in 1937, the Council has made great strides toward providing judges, courts, and related agencies involved with juvenile, family, and domestic violence cases with the knowledge and skills to improve the lives of the families and children who seek justice. Throughout the year, the Council will celebrate this milestone with a series of events exploring the organization’s history, celebrating accomplishments in the field of juvenile and family justice, and framing the future of the organization. The Council will host a formal celebration to kick off the 75th Annual Conference in New Orleans. For details, visit the events calendar at NCJFCJ.org.

news T h e

N J C

N e w s

NJC Board of Trustees

Hall

Frankovich

2012 Issue

For more information on the Board of Trustees visit www.judges.org/about/ board-of-trustees.html

|

1994, co-founders Mark Tratos and Ted Quirk formed Quirk & Tratos from the firm of Seiler, Quirk and Tratos (1984).

Immediate past chair, John Frankovich of Reno, Nev. is the managing partner of McDonald Carano Wilson LLP with a practice focusing on real property development and transactions, litigation, and public utilities law.

New Trustee Alan Brayton of Novato, Calif. is the senior and founding partner of Brayton • Purcell in Novato, Calif.

With over 28 years of experience, Mr. Brayton is recognized as one of the west’s leading attorneys representing injured individuals and their families in all types of personal injury, product liability and mass tort litigation. He also enjoys a national reputation as one of the foremost attorneys representing victims of asbestos–related disease and has represented clients from virtually every state.

Javade Chaudhri of San Diego, Calif. joined the Trustees in October of 2011. He is executive

vice president and general counsel for Sempra Energy, a Fortune 500 energy-services company, responsible for all legal affairs and compliance, also serving as chief environmental officer. From 20012003, Mr. Chaudhri served as senior vice president and general counsel of Gateway Inc. managing legal affairs, government relations, contract administration, and ethics after serving as deputy general counsel since 1999.

Hon. Matthew Martin of Asheville, N.C. is an associate judge for the Cherokee Court, the tribal Court for the Eastern Band of Cherokee Indians. His jurisdiction includes the largest Indian reservation east of the Mississippi River. Martin is board certified as a specialist in federal and state criminal law and appellate practice by the North Carolina State Bar. Tony F. Sanchez, III, of Las Vegas, Nev. joined NV Energy in 2007 and is the company’s senior vice president of government and community strategy. Previous to joining NV Energy, he served as associate legislative counsel for U.S. Senator Richard H. Bryan, as a lawyer for the Nevada Public Utilities Commission and as an executive assistant to Nevada Governor Bob Miller before practicing law with the statewide law firm of Jones Vargas.

CASE IN POINT

The NJC recently welcomed a new chair of the NJC Board of Trustees as well as several new Board members.

Hon. Sophia H. Hall of Chicago is the new Board Chair.

She has been an administrative Presiding Judge of the Resource Section of the Juvenile Justice & Child Protection Dept. of the Circuit Court of Cook County, Ill. since 1995 and was presiding judge of the Juvenile Division 1992-1995.

Elected to the circuit court in 1980, she served for four years in the criminal division, five years in the law division, and now serves in the chancery division.

Mark G. Tratos of Las Vegas, NV. is the Board’s Chair-Elect.

He has been the founding and co-managing shareholder of the Las Vegas office of Greenberg Traurig since 2005 and specializes in contract negotiation, litigation, and prosecution of copyrights, trademarks and rights of publicity claims, entertainment law, art law, gaming, and high technology in entertainment and gaming. In

35

news T h e

36

N J C

NJC Board of Visitors

n at i o n a l

j u d i c i a l

c o l l e g e

Parks

t h e

N e w s

Robert L. Parks, an attorney at the Law Offices of Robert L. Parks, P.L., is now serving as Chair of the NJC’s Board of Visitors. He has been on the Board since 2005. Mr. Parks was admitted to the Florida Bar in June of 1964 and has engaged in extensive plaintiff product liability and aviation practice since that time.

He served a two-year term as chair of the American Bar Association’s Forum on Air & Space Law, and was appointed chair of the Aviation Law Certification Committee by the president of the Florida Bar Association. He is a past president of the International Academy of Trial Lawyers, a fellow in the American College of Trial Lawyers, the American Board of Trial Advocacy, and the International Society of Barristers. He is also a member of the American Law Institute.

James R. Bartimus, an attorney at Bartimus Frickleton Robertson & Gorny, is now serving as Vice-Chair of the NJC’s Board of Visitors. He has been on the Board since 2005.

He earned his law from degree from

Bartimus the University of Missouri-Kansas City. He is a past president of the Civil Justice Foundation, Missouri Association of Trial Attorneys, Missouri Institute for Justice and Kansas City Metropolitan Bar Association. He is a fellow of the International Society of Barristers, International Academy of Trial Lawyers, American College of Legal Medicine and the American Bar Foundation. Mr. Bartimus is a contributing author to several textbooks and has written extensively for national legal publications.

Former NJC Board of Visitors Chair Ann Thornton Field is now on the Board of Trustees. She is a member of the firm Cozen O’Connor, vice chair of their Commercial Litigation Group, a member of their Management Committee and a member of their Board of Directors.

The Board of Visitors welcomes members Patricia Clarey and Tim Donovan.

Patricia Clarey is senior vice president, chief regulatory and

external relations officer of Health Net, Inc., where she also serves as the company’s chief compliance officer.

She has held senior management positions at Chevron Corporation, Transamerica Corporation, and as president of the Transamerica Foundation in San Francisco. She also held senior positions in the federal government at the National Park Service and the Department of the Interior. Ms. Clarey received her master’s degree in Public Administration from the John F. Kennedy School of Government at Harvard University.

Tim Donovan was named senior vice president and general counsel of Caesars Entertainment Corporation in 2009. Before joining Caesars Entertainment, Donovan served as executive vice president, general counsel and secretary of Allied Waste Industries Inc. He maintained this role as the company merged with Republic Services Corporation in 2008. Donovan was a partner in the Chicago-based law firm of Jenner & Block from 1989 to September 1999, acting as a member of the firm’s executive committee and as the chairman of its Corporate and Securities Department. He then worked as general counsel to Tenneco Inc. while simultaneously holding other executive-level positions at the company. Mr. Donovan is currently a director of John B. Sanfilippo & Son, Inc, serving as the chair of its Compensation Committee and a member of the Audit and Governance Committees.

news T h e

N J C

N E W S

Walton and President Dressel

High Profile Cases the Norm for NJC Faculty Member

37

Michael Pope Honored

Burnet County (TX) judge Hon. Donna Klaeger was honored by the Texas Judicial Academy and inducted as a fellow in the Texas Judicial Academy.

2012 Issue

Klaeger Honored

|

McDermott Will & Emery partner Michael A. Pope and former chair of the NJC Board of Trustees received the 2012 Northwestern Alumni Association’s Merit Award from the Northwestern University School of Law. This distinguished award is presented to those alumni who have demonstrated outstanding achievement in a profession or endeavor, thereby bringing honor to themselves and their alma mater.

CASE IN POINT

Judge Reggie Walton has been a judge on the District of Columbia Supreme Court and is currently a judge for the United States District Court in Washington, D.C. He also serves as a judge on the United States Foreign Intelligence Surveillance Court, having been appointed to this position in 2007 by the chief justice of the United States. He is an alumnus of The National Judicial College and has been a faculty member at the College since 1998. “Education is critical because we live in a changing society, and we must change with it to provide a level of justice that society is entitled to,” said Judge Walton. “I hope I can provide the guidance and impact that judges can bring back to their states and raise the quality of justice that they are able to administer.”

Judge Walton has handled numerous high-profile cases. “It’s definitely an added strain to handle highprofile cases, and you have to try to do your best to treat it like any other case, but obviously you have to treat some things differently.” For instance, Judge Walton was the presiding judge in the I. Lewis “Scooter” Libby decision in 2007, a very high-profile case that led to the need for a security watch for Judge Walton after the trial. That’s not what Judge Walton considers the hardest part of his job however. “The toughest part is managing the large calendar and getting cases resolved quickly,” said Judge Walton. “I like being able to resolve cases and address conflict. I think that’s why most people become judges.” But Judge Walton didn’t always want to be a judge.

“Growing up in southwest Pennsylvania, there was only one black lawyer and one black judge, so I never

really had anybody to look to in terms of becoming a judge,” he said.

“I didn’t even consider becoming a lawyer until college when I thought about the impact that I would be able to have on cases.”

Judge Walton’s impact goes beyond the decisions he renders. He recently presided over the Roger Clemens trial and while not common in all courts, allowed jurors to submit questions to be asked of witnesses to allow jurors to obtain a clearer understanding of the information presented. It also provided a glimpse into the thought processes of the jurors deciding the case. He has spoken at the NJC about the importance of engaging jurors more directly in trials to make sure they are attentive and have an understanding of everything that is going on. “We are put in leadership positions and because of the positions we have, we can make a difference.”

Judge Walton most recently taught at the NJC in the April 2012 Innovative Leadership & Management Skills for Current and Future Court Leaders program. “Judge Walton is a role model to judges, young and old, all across America,” said William F. Dressel, president of The National Judicial College. “He exemplifies the typical NJC faculty—innovative and dedicated to serving the citizens, and advocating accessible, affordable and fair justice for all. It was my honor to accept his invitation to co-teach with him and observe how he engages each class member.”

news T h e

38

N J C

N e w s

Carter Honored by WV State Bar Foundation

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

Hon. Phyllis Carter, an NJC faculty member since 2007, was recognized by the West Virginia State Bar Foundation as a member of the 2012 class of Bar Foundation Fellows. Judge Carter is one of 17 lawyers and three members of the judiciary that join the 223 lawyers and 32 judges who have been previously selected as Bar Foundation Fellows. “It’s really an honor to be selected,” said Judge Carter. “When I received a call from the director, he told me that the fellows are the best of the best. It’s quite a compliment to be recognized as part of this prestigious organization.” Judge Carter believes that her time at the NJC has helped in her journey to becoming a Bar Foundation Fellow.

She has been attending courses at the NJC since 2004.

Guest First Illinois ALJ to Earn Certificate

The NJC’s President Receives Leadership Award from ICCA

Hon. Denis Guest, administrative law judge for the Cook County Department of Administrative Hearings and the Chicago Department of Administrative Hearings, has been attending the NJC for over a decade. “I am fully aware of the responsibility that comes with serving as a judge on any level,” she said. “I looked at all of the possible avenues to make sure that I am meeting my responsibilities. I’ve spoken to many judges for guidance, and every judge agreed that if you want training on serving in a judicial capacity, the NJC is second to none. With an NJC education, a judge will be more efficient and confident.”

In August 2011, he became the first ALJ in Illinois to earn a Professional Certificate in Judicial Development for Administrative Law Adjudication Skills. The Professional Certificate in Judicial Development is an innovative program designed for judges who want to concentrate their studies in a focused academic area.

Judge Guest has completed 15 courses at the College and is working toward a Master’s Degree in Judicial Studies. Upon completion, he’ll be the first Illinois ALJ to obtain this distinction.

William F. Dressel received the President’s Leadership Award from the International Community Corrections Association (ICCA). President Dressel was recognized by the ICCA for his years of service in bringing innovative practices to the criminal justice system nationwide, as well as his participation in numerous national projects that addressed case management, leadership, and criminal sentencing reform, including the sentencing and management of sex offenders.

At the closing session of the ICCA’s conference in Reno, Nev. in May 2012, President Dressel addressed how to take the ideas and subjects discussed during the conference and make them become a part of the courts.

He challenged participants to bring procedural fairness to their states and discussed the role that judicial training and collaboration resources can have in bringing change to procedural fairness in communities.

The NJC’s Registrar Receives Staff Excellence Award NJC Registrar Muriel M. Bartlett was awarded the 2011 Faculty Council Excellence in Service Award. The ceremony was held at the conference dinner for General Jurisdiction and Judicial Philosophy and American Law. The award was presented by Judge Andre Davis (U.S. Appeals Court, 4th Circuit) and Judge David Gersten (formerly Florida Appellate Court), both members of NJC’s Faculty Council, with NJC’s President Dressel and Joy Lyngar, NJC’s chief academic officer.

news T h e

N J C

N E W S The NJC Welcomes New Staff Members

Lenzi

Leal

The National Tribal Judicial Center (NTJC) is pleased to announce the addition of Patricia Lenzi as program attorney, and Jennifer R. Leal as program manager.

Ms. Lenzi has been a licensed attorney since 1992, has tried over 100 cases to jury verdict during her career and has represented tribes in tribal, state and federal civil litigation, and administrative matters. Jennifer R. Leal previously served as the tribal court clerk coordinator at a tribal court in Nevada for over 4 years. Ms. Leal was instrumental in establishing tribal court advocate training in Nevada and California held at the Bishop Paiute Tribe and Washoe Tribe of Nevada and California.

The NJC Communications Department welcomes Stacey Raits as the new communications specialist. Ms. Raits previously worked at EMPLOYERS as the assistant marketing manager before coming to the NJC. She is a graduate of the University of Nevada, Reno, holding a B.A. in journalism.

The NJC Academic Department is also pleased to announce that Katheryn Yetter has been hired as the academic director. Ms. Yetter has been a licensed attorney since 1997, and most recently was a senior attorney at the National Council of Juvenile and Family Court Judges (NCJFCJ) in Reno.

NJC FACULTY & STAFF AWARDS BOARD OF VISITORS ADVANCEMENT OF JUSTICE AWARD Hon. Sandra Mazer Moss (PA) Ed Neugebauer, Esq. (PA) 2011 V. ROBERT PAYANT AWARD FOR TEACHING EXCELLENCE Prof. Ronald R. Hofer (WI) 35 YEAR AWARD Prof. Elizabeth A. Francis (NV) 25 YEAR AWARD Hon. Samuel G. DeSimone (NJ) Hon. Allan A. Toubman (ME)

2012 Issue

Yetter

15 YEAR AWARD Hon. Andre M. Davis (VA) Hon. Barbara A. Harcourt (IN) Prof. Stephen M. Simon (MN)

5 YEAR AWARD Hon. Daniel J. Crothers (ND) Hon. W. Scott Donaldson (AL) Hon. Gary A. Graber (NY) Hon. Ilona M. Holmes (FL) Hon. Gary E. LaRance (AZ) Hon. Mark J. McGinnis (WI) Mr. Michael S. Sommermeyer (NV) Hon. Richard Vlavianos (CA) Hon. Sharen Wilson (TX)

|

20 YEAR AWARD Hon. Michael R. Morgan (NC) Hon. Margarita Solano Bernal (AZ)

10 YEAR AWARD Mr. Richard S. Barnes (CA) Prof. Jonathan Bush (DC) Dr. John P. Kaminski (WI) Mr. Vincent L. Knight, Sr., Esq. (NM) Hon. Reba Ann Page (VA) Mr. David D. Raasch (WI) Hon. V. Lee Sinclair Jr. (CT) Hon. Steve L. Smith (TX) Ms. Kelly E. Tait (NV) Hon. Reggie Barnett Walton (DC) Hon. Jack H. Weil (VA)

CASE IN POINT

Raits

39

news T h e

40

N J C

JUDICIAL STUDIES PROGRAM GRADUATES

Hon. Marjorie A. Rasmussen Dept. of Insurance (CA)

Hon. W. Terry Ruckriegle District Court (CO)

Hon. Reba Ann Page U.S. Armed Services (VA) Master’s Degree

Hon. W. Terry Ruckriegle District Court (CO)

Hon. Robert Schmisseur District Court (KS)

Hon. Gayle R. Stewart State Board of Equalization (WY)

Hon. George A. Van Hoomissen Supreme Court (Ret.) (OR)

General Jurisdiction Trial Skills

Hon. Robert Q. Ward (Lt. Col.) U.S. Navy-Marine Corps Trial Judiciary (DC)

Hon. Eugene A. Lucci Court of Common Pleas (OH) Master’s Degree PROFESSIONAL CERTIFICATE IN JUDICIAL DEVELOPMENT GRADUATES Administrative Law Adjudication Skills Hon. Karla Y. Broussard-Boyd Dept. of Personnel Admin. (CA) Hon. Sheldon P. Dorn Department of Motor Vehicles (NY) Hon. Denis E. Guest Department of Administrative Hearings (IL)

c o l l e g e j u d i c i a l n at i o n a l

Hon. Lloyd Mark Bailey Court of Appeals (IN) Hon. Janet J. Berry District Court (NV) Hon. Robert A. Burnside, Jr. Circuit Court (WV) Hon. Nancy S. Corsones Superior Court (VT) Hon. Eric L. Dillow (Col.) U.S. Air Force Inspection Agency (NM) Hon. Ben J. Esch Superior Court (AK)

Hon. Dustin O. Jansen Dept. of Transportation (ID)

Hon. Richard W. Grosz District Court (ND)

Hon. Melissa Lin Jones Dept. of Compensation Review Board (DC)

Hon. Calvin D. Hawkins Superior Court (IL)

Hon. Tom M. Kalenius Board of Industrial Insurance Appeals (WA)

t h e

N E W S

Hon. Stephen R. Henley (Col.) U.S. Army Trial Judiciary (VA) Hon. Michael D. Jacobs (Ret.) Dept. of Insurance (CA)

Hon. Jennifer M. Long Office of Administrative Hearings (DC)

Hon. Keith G. Kautz District Court, Torrington (WY)

Hon. Parlen L. McKenna U.S. Coast Guard, Dept. of Homeland Security (CA)

Mary Jane McCalla Knisely District Court (MT)

Hon. Inta M. Sellars Dept. of Human Services (MN) Hon. Linda J. Snow Health & Human Services Commission (TX) Hon. Jean M. Webster Oneida Judicial System (WI) Hon. Lisa A. Williams Dept. of Insurance (CA) Dispute Resolution Skills Hon. Sharon M. Begay-McCabe (formerly) Pueblo of Zuni Tribal Court (NM) Hon. Henry Thomas Padrick, Jr. Circuit Court Judge (VA)

Hon. Michael J. Kramer Superior Court (IN) Hon. Steven R. Kosach District Court (NV) Hon. Michael D. Mori (Lt. Col.) U.S. Navy-Marine Corps Trial Judiciary (HI)

Special Court Trial Skills Hon. George Anaya, Jr. Magistrate Court (NM) Hon. Karl Barney Bloom Superior Court (VT) Hon. Henry T. Castaneda Magistrate Court (NM) Hon. Duane K. Castleberry Magistrate Court (NM) Hon. Wilma R. Charley Magistrate Court (NM) Hon. Danny H. Hawkes Magistrate Court (NM) Hon. Kevin G. Higgins Justice Court (NV) Hon. Mary M. Humphrey Magistrate Court (NM) Hon. Stanley L. Morris District Court (VA) Hon. John L. Sanchez Magistrate Court (NM) Hon. David A. Segura Magistrate Court (NM) Hon. Warren G. Walton Magistrate Court (NM) Tribal Judicial Skills Hon. Diana R. Muniz Courts of Jicarilla Apache Nation (NM)

Hon. David W. Nelson District Court (ND)

Hon. Joanne Willis Newton Inter-Tribal Court of Southern California (CA)

Hon. David B. Park District Court, Casper (WY)

Hon. Sandra L. Skenadore Oneida Judicial System (WI)

Hon. Clay A. Plummer (Maj.) U.S. Navy Marine Corps Trial Judiciary (NC)

Hon. Jean M. Webster Oneida Judicial System (WI)

Hon. James L. Pohl (Col.) U.S. Army Trial Judiciary (NC)

news T h e

N J C

N E W S 41

In Memory Hon. Sally Hallof Gray Hon. Sally Hallof Gray of Indiana died March 13, 2012. She was elected as the first female judge of the Putnam County Superior Court.

Hon. David Huff Nevada District Court Judge David Huff died on March 22, 2012.

Hon. J.C. McLin

Honoring Senator William Raggio

Hon. Robert H. Perry of the Second Judicial District Court in Reno, Nev. passed away on December 20, 2011.

Hon. Andrew J. Puccinelli Hon. Andrew J. Puccinelli passed away on August 8, 2011. He presided over the Fourth Judicial District Court, Department II, located in Elko County, NV.

Hon. Loren Sawyer

Hon. Marilyn H. Loftus, a judge and national leader in the efforts to end gender bias in courts, passed away on May 2, 2012. Judge Loftus was on the NJC’s Board of Visitors since 2005. She first attended the College in 1976 for General Jurisdiction, and became a member of the faculty in 1998. She became a major donor to the College in 1996 and was a member of the NJC Legacy Council. Judge Loftus chaired a special task force on women in the New Jersey judicial system for more than 10 years and served as president of National Association of Women Judges.

2012 Issue

Hon. Loren L. “Buz” Sawyer, circuit court judge in Medford, OR, died on August 31, 2011. He was the second longest serving judge in the history of Oregon, having completed 37 years on the bench.

|

Marilyn H. Loftus Remembered

Hon. Robert H. Perry

CASE IN POINT

The NJC is saddened by the passing of former Nevada State Senator William “Bill” Raggio. He was Nevada’s longest serving senator and retired from the Nevada state legislature before the 2011 session. Raggio, a Reno, Nev. native, was first elected to office in the 1950’s when he became Washoe County’s district attorney. He joined the senate in 1972 and served for 38 years, 28 of which as Republican caucus leader. He is remembered for his ability to bring compromise to both sides of the political spectrum and as a leader who always looked out for the interests of the entire state of Nevada.

Raggio was also a longtime supporter of the NJC and was responsible for getting the legislation passed providing matching funds to the Donald W. Reynolds Foundation grant that built the addition to the NJC building in Reno, Nev. in 1999. These funds also allowed the NJC to remodel parts of the original building and provide new furnishings. “For many years, Senator Raggio introduced and passed bills providing funds for the NJC,” said William F. Dressel, president of the NJC. “He and [then] Nevada Governor Richard Bryan created a trust from which the NJC received the income, and then worked with Nevada Governor Kenny Guinn to have an appropriation for the NJC put in the budget when this and other similar trust funds had to be used to fund state operations.”

William Raggio passed away while vacationing in Sydney, Australia on February 23, 2012 at the age of 85.

Hon. J.C. McLin of the state court of criminal appeals in Memphis, Tenn. died on September 3, 2011.

He was the second African American to ever hold a seat on that bench.

news T h e

42

N J C

N E W S

Legacy and Value of Scholarship Endowments Each of these individuals promoted scholarship funding for judges. Judge Agnew worked with the M.R. Bauer Foundation to provide funding to provide Illinois judges with mediation education; Judge Schraub and his wife, Estella, established an endowment for Texas judges; and the endowment created in Mr. Beckham’s name provides scholarships for Florida 11th Circuit Court judges. For more information about establishing a scholarship endowment or fund, contact Gretchen Alt Sawyer at alt@judges.org or (775) 327-8257.

The NJC Mourns the Passing of Hon. B.B. Schraub Hon. Billie B. (B.B.) Schraub, age 84 of Seguin, Texas, passed away on June 7, 2012 after complications related to Parkinson’s disease. He began attending courses at the NJC in 1972, became a member of the Board of Trustees from 1992 to 1998 and was appointed chair of the Board in 1996. Following his services to the board, Schraub was made Chair Emeritus of the NJC in June of 1998. The College will remember him as a staunch supporter and for the scholarship fund that he and his wife, Estella, established for Texas judges to attend the NJC. “Judge Schraub was a fine man who served the ABA, the NJC, and the public in a very special way,” said Hon. John Vittone, chief judge, U.S. Department of Labor and NJC trustee. “I only have good memories of him. He made all of our lives better.”

“He was a tireless worker on the behalf of Texas judges and judicial education,” said Hon. Raul Gonzalez, Austin, Texas. “However, his interests and contributions extended beyond Texas. We are very proud of his work at The National Judicial College.”

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

Hon. Harris Agnew Remembered as Judge and Supporter Former Chief Judge of the 17th Circuit Court Hon. Harris Agnew passed away on December 13, 2011.

Judge Agnew was well known for the programs he pioneered to speed up the court system throughout the state of Illinois. He was a major supporter of the NJC and encouraged fellow Illinois judges to attend the College, especially for mediation training. He attended several courses at the NJC, many of which focused on dispute resolution.

Judge Agnew retired from the bench in 1997 after 21 years as a judge. He helped shaped Illinois’ first mandatory arbitration and major civil mediation programs in Winnebago and Boone counties.

These programs, which provide a cheaper, faster path to resolution than litigation, are now used throughout the state.

The NJC Remembers Former Board of Trustee Chair, Walter Beckham, Jr., Esq. The NJC is saddened by the passing of Walter H. Beckham, Jr., trial attorney and former member and chair of the Board of Trustees for the College. Walter, also a professor, community leader, church builder and family patriarch, died at the age of 91 on October 4, 2011.

He truly believed in the College’s mission of education, innovation and advancing justice, and his commitment lives on through the scholarship endowment that was established in his name in 2005.

Donors D on ors

Crew 43

Di r e c tor of De v elop m en t Gr e t c h en A LT S aw y er

Dear Readers, The NJC is enormously grateful for 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 2011 donors who assist 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 +)

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

Platinum Gavel Circle ($1,000 - $2,499)

Chevron Corporation

Patricia Glaser, Esq. (CA) Helen Roberti Charitable Trust

Jack Balagia, Esq. (TX)

William H. Hurd, Esq. (VA)

Marybel, Christina and Lura Batjer (NV)

Samuel S. Lionel, Esq. (NV)

Lydia I. Beebe (CA)

J. F Maddox Foundation

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

Charles W. Matthews, Jr., Esq. (TX)

Hon. Tyrone T. Butler (MD)

Stephen G. Morrison, Esq. (SC)

Javade Chaudhri, Esq. (CA)

Senator Bill Raggio (Dec.) (NV)

Hon. Elbridge Coochise (AZ)

Rawle & Henderson, LLP

Hon. Larry J. Craddock (TX)

The Clinton H. and Wilma T. Shattuck Charitable Trust

Hon. Jay D. Dilworth (NV)

Tom C. Clark Founder’s Circle ($10,000 - $24,999)

Kim Sinatra, Esq. (NV)

Hon. David N. Harris (MS)

Gary K. Smith, Esq. (TN)

Barrick Gold Corporation

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

John A. Tarantino, Esq. (RI)

Robert Z. Hawkins Foundation

Hon. Karen L. Hunt (AK)

Blake Tartt, Esq. (TX)

International Academy of Trial Lawyers Foundation

Hon. Jack Lehman (NV)

Mark G. Tratos, Esq. (NV)

Littler Mendelson, P.C.

Richard K. Willard, Esq. (DC)

Irwin and Susan Molasky (NV)

Saul A. and Roberta Wolfe, Esq. (NJ)

Hon. Rory R. Olsen (TX)

Colorado Judicial Institute The E. L. Cord Foundation Dream Fund at UCLA Donor Advised Fund ExxonMobil Corporation Greenberg Traurig, LLP William Randolph Hearst Foundation Peter C. Neumann, Esq. (NV) The Dwight D. Opperman Foundation

McDonald Carano Wilson LLP Newmont Mining Corporation Sempra Energy The John Ben Snow Memorial Trust The South Carolina Bar Foundation

V. Robert and Virginia H. Payant (NV)

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

Hon. Frederic B. Rodgers (CO)

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

John T. Ross (NM)

Marybel Batjer (NV)

Aetna

Hon. Sophia H. Hall (IL)

Akin Gump Strauss Hauer & Feld LLP

Ronald R. Hofer (WI)

Bartimus, Frickleton, Robertson & Gorny, P.C.

Joseph P. Petito, Esq. (DC)

M. R. Bauer Foundation David J. Beck, Esq. (TX) Caesars Entertainment Cozen O’Connor John Frankovich, Esq. (NV)

John W. Galbraith (VA)

Hon. Peter E. Schoon, Jr. (CO) Matt Sweeney, Esq. (TN) Bruce D. Gesner, Ph.D. and B. Phyllis Whittiker, Esq. (NV) Jerome A. Yavitz Charitable Foundation, Inc.

2012 Issue

Hon. William F. and Angela Dressel (NV)

Herb Santos, Jr, Esq. (NV)

|

President’s Circle ($5,000 - $9,999)

Hon. Ellen F. Rosenblum (OR)

CASE IN POINT

PricewaterhouseCoopers LLP

Gabelli Foundation Inc.

donors

continued

Crystal Gavel Circle ($500 - $999)

44

Hon. and Mrs. Earl G. Penrod (IN)

Hon. James W. Killam, III (MA)

Hon. John P. Bessey (OH)

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

Irwin Kishner (NV)

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

Hon. James M. Riehl (WA)

William J. Brunson, Esq. (NV)

Hon. W. Terry Ruckriegle (CO)

Hon. Karen J. Burrell (VA)

Gretchen Alt Sawyer (NV)

Hon. Phyllis H. Carter (WV)

Ona and William Schmidt (CA)

Hon. Gary L. Clingman (NM)

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

Hon. Charles R. Cloud (VA) James E. Coleman, Jr., Esq. (TX) Hon. Susan and Mr. Howard Conyers (NV) Hon. Robert E. Cupp (TN) Hon. Peter M. Evans (FL) Stephen L. Gizzi, Esq. (CA) Roy M. Goodman (NY) Hon. Karl B. Grube (FL) Hon. Jonathan P. Hein (OH)

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

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

Stewart Tilghman Fox & Bianchi, P.A. Hon. William R. Sturtz (MN) Douglas Unger (NV) Hon. Sol Wachtler (NY) Hon. and Mrs. Joseph R. Weisberger (Ret.) (RI)

Hon. Jeannette T. Knoll (LA) Chief Justice Michael Kruse (AS) Hon. Philip T. Kyle (Ret.) (KS) The Paul Laxalt Group Hon. Jerry W. Looney (AR) Hon. John G. Lowther (AL) Donna Lucas (CA) Melody Luetkehans, Esq. (NV) Hon. William P. Lynch (NM) Andrew Mackenzie, Esq. (NV) Hon. Robert E. McBeth (WA) Hon. William C. McIver (FL)

Hon. Douglas G. White (TN)

Marilyn R. Melton (NV)

Wilmer Cutler Pickering Hale and Dorr LLP

Hon. Melvin M. Menegat (OR) Hon. Bruce E. Moore (KS)

Hon. David M. Krashna (CA)

Golden Gavel Circle ($250 - $499)

Hon. William F. Morgan (PA)

Hon. Norman A. Krumenacker, III (PA)

Hon. David A. Anderson (VA)

Ed and Joy Lyngar (NV)

Hon. and Mrs. Guy D. Pfeiffer (GA)

Hon. and Mrs. Elihu M. Berle (CA)

Hon. William G. Meyer (CO)

Hon. David D. Raasch (WI)

Hon. Amy J. Berling (OH)

Hon. James A. Morrow (MN)

Hon. Kathryn Zenoff Rettig (IL)

Hon. Archie E. Blake (NV)

Mr. and Mrs. Carl Naumann (NV)

Hon. James J. Richards (IN)

Dan W. Bolton, III, D.O., J.D., LLM (NV)

Peter J. Neeson, Esq. (PA)

Kenneth D. Robinson (TN)

Hon. George H. Boyett (TX)

Ed Neugebauer, Esq. (PA)

Hon. Robert E. Rose (NV)

Hon. Tom D. Capshaw (IN)

Hon. Reba Ann Page (VA)

Emmagene Sansing (CA)

Alan Carlson (CA)

Parks, Chesin & Walbert, P.C.

Hon. Paul W. Schnake (CO)

Hon. Robert L. Childers (TN)

Hon. Ramona G. See (CA)

Hon. Joseph E. Cirigliano (OH)

May S. Shelton (NV)

Hon. Jess B. Clanton (OK)

Hon. and Mrs. Jack W. Smith (AK)

Roberta A. Coates (WY)

Hon. Henry G. Sullivan, Jr. (LA)

Jon Comstock (AR)

Robert H. and Jacqueline B. Traurig (FL)

Hon. Dennis D. Conway (WI)

Hon. John M. Vittone (DC)

Hon. Robert B. Corn (NM)

Hon. Leslie A. Wagner (WA)

Hon. Armando G. Cuellar (CA)

Hon. Danny R. Woods (LA)

Jack H. Olender, Esq. (DC)

Hon. Paul DeMuniz (OR)

DONATE ONLINE

Give to the NJC safely and securely.

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

3. Enter your donation information.

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

Hon. Samuel G. DeSimone (NJ) Hon. Jane D. Fishman (FL)

Silver Gavel Circle ($125 - $249)

Hon. Anita M. Fogle (OH)

Anonymous (3)

Hon. Idee Fox (PA)

Hon. George H. Allen (TX)

Hon. Raymond J. Gordon (MO)

Hon. Nancy Allf (NV)

Hon. William C. Griffin, Jr. (NC)

Hon. Thomas M. Ammons, III (VA)

Gordon Griller (AZ)

Hon. Glen C. Anderson (OR)

Robert L. Hans (Ret.) (NE)

Hon. Charles E. Andrews, Jr. (KS)

Hon. George N. Hardesty, Jr. (AL)

Hon. Randy S. Anglen (MO)

Hon. Calvin D. Hawkins (IN)

Hon. John M. Antosz (WA)

Sheila A. Hegy (DC)

Hon. Angela R. Arkin (CO)

Hon. Wallace R. Hoggatt (AZ)

Hon. Karen M. Arnold-Burger (KS)

Hon. Gregory Holiday (MI)

Hon. Don R. Ash (TN)

Hon. Peggy F. Hora (CA)

Hon. Carol S. Ball (MA)

donors

continued

Hon. and Mrs. Michael J. Barrasse (PA)

Hon. Michael Hanuszczak (NY)

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

Muriel Bartlett (NV)

Hon. Chester T. Harhut (PA)

Magistrate Nancy D. Phillips (AK)

Hon. James M. Batzer (MI)

Colonel Rodger C. Harris, USMC (NC)

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

Hon. Charles Bechhoefer (DC)

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

Teresa A. Reinig (NE)

Emily A. Beckham (FL)

Karen E. Heggie, Esq. (CA)

Hon. Schuyler Richardson (AL)

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

Robert Hershey (MO)

Hon. Lyle L. Richmond (American Samoa)

The Guido A. and Elizabeth H. Binda Foundation

Hon. Ronald D. Heslop (WA)

Hon. James D. Rogers (MN)

Mr. and Mrs. Earl M. Hill, Esq. (NV)

Hon. Daniel Patrick Ryan (MI)

Hon. Thomas E. Hollenhorst (CA)

Thomas A. Sadaka, Esq. (FL)

Hon. Philip S. Hollman (NH)

Hon. Michael J. Sage (OH)

Richard Hrebik (FL)

Ray Shaddick (GA)

Hon. Gilbert V. Indeglia (RI)

Hon. David L. Shakes (CO)

Hon. Marc Jacobson (VA)

Magistrate William D. Sharp (SC)

Hon. Donald B. Jarvis (CA)

Hon. Barbara A. Smith (OK)

Dr. Jeffrey D.E. Jeffries (NC)

Hon. Margaret Poles Spencer (VA)

Hon. Jill M. Johanson (WA)

Hon. Ernest H. St. Germaine (WI)

Hon. Bernette J. Johnson (LA)

Hon. Keith Starrett (MS)

Hon. Perry O. Johnson, IV (CA)

Hon. David R. Sweat (GA)

Jeffrey S. Jones (OR)

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

Hon. Ken M. Kawaichi (Ret.) (CA)

Hon. and Mrs. Todd Thornhill (MO)

Hon. James E. Kelley (IA)

Hon. Robert C. Tobias (CO)

Hon. William G. Kelly (MI)

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

Hon. Kevin R. Kelly (MO)

Hon. Gita Vahid-Tehrani (CA)

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

Hon. Lisa S. Van Amburg (MO)

Hon. J. Ernest Kinard (SC)

Hon. Jerry M. Vanderhoef (AL)

Hon. Warren R. King (DC)

Hon. George Varoutsos (VA)

Christine H. King (NV)

Hon. Thomas C. Warren (WA)

Hon. Cheryl Kingfisher (KS)

Hon. Gordon A. Wilkins (VA)

Hon. Suzanne N. Kingsbury (CA)

Hon. Steven A. Wise (IA)

Hon. Garry Wade Klein (GA)

Hon. David A. Wiseman (MP)

Russel Kost (NV)

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

Hon. K. B. Bloom (VT) Hon. G. Paul Bollwerk, III (DC) Hon. Robert J. Boylston (FL) Hon. Thomas W. Brady (AZ) Hon. E. Maurice Braswell (NC) Hon. H. Harrison Braxton, Jr. (VA) Hon. Robert L. Broughton (CA) Hon. Karla Y. Broussard-Boyd (CA) Hon. Rita W. Brown (SC) Hon. William F. Buchanan (NV) Hon. John W. Bunnett (CA) John Burbee (CA) Hon. Peter J. Cahill (AZ) Hon. F. P. Carbullido (Guam) Hon. F. Philip Carbullido (Guam) Hon. William H. Carver (WI) Hon. Harold L. Chambers (NV) Hon. Marc A. Cianca (FL) Hon. Walter J. Clarke (GA) Hon. and Mrs. Edward C. Clifton (RI) Hon. William S. Colwell (DC) Marie Condon (SC) Hon. Janet M. Coulter (CA) Hon. William Cousins, Jr. (IL) Hon. Daniel D’Alessandro (NJ) Hon. Andrea Darvas (WA) Hon. Andre Davis (MD) Hon. Randall J. Davis (CO) Hon. Mark R. Denton (NV) Hon. Alfred J. DiBona, Jr. (PA) Col. Eric L. Dillow (NM) Kurt Eisgruber (IN) Hon. Paul T. Farrell (WV)

Hon. Terry Frausto (AZ) Hon. Frank Gafkowski, Jr. (CA) Hon. Calvin E. and Mary A. Gantenbein (OR) Hon. Bruce T. Gatterman (KS) Hon. Jennifer Gee (CA) Hon. W. Michael Gillette (OR)

Hon. Robert C. Lovell (OK) Barry Mahoney, Ph.D. (CO) Hon. Joseph J. Maltese (NY) Hon. Stephen Marcus (CA) Hon. Juergen Maruhn (Germany) Hon. James D. Mason (MN) Hon. Jack McGuffey (NV) Hon. Steven D. McMorris (NV) Hon. Bruce S. Mencher (DC) Hon. Hannes Meyers, Jr. (MI) Hon. W. Thomas Minahan (OH) Hon. Michael R. Morgan (NC) Hon. Denette Mouser (AR) Hon. Beth A. Myers (OH) Hon. Samuel D. Natal (NJ) Hon. and Mrs. Leslie C. Nichols (CA) Hon. and Mrs. George A. Pagano (PA)

Bronze Gavel Circle (up to $124) Anonymous (3) Hon. Christopher E. Acker (CO) Samuel Adams, Esq. (MA) Kelley Bradshaw Adams (NV) Dorothy H. Addison (GA) M. Z. Albright (NV) George V. Allison (NV) Hon. Daniel S. Anderson (IA) Hon. H. Jere and Jeanne B. Armstrong (VA) Hon. and Mrs. Robert W. Armstrong (CA)

2012 Issue

John Fischer (OK)

Hon. James E. Kuhn (LA)

|

Hon. Jennifer Faunce (MI)

Hon. Ramsey L. Kropf (CO)

CASE IN POINT

Hon. Jack W. Day (FL)

45

Hon. and Mrs. Philip L. Arnaudo (CA) Hon. Wesley Ayers (NV) Bernardina M. Baker (NV) Hon. Anthony J. Baratta (VA) Hon. Jon M. Barnwell (MS) Tom Barrie (GA)

donors

Hon. Gary W. Bastian (MN)

Robert Compston (NM)

Hon. Susan Formaker (IL)

Hon. Robert E. Beach (FL)

Hon. Thomas A. Connors (MA)

Hon. Vicki L. Gabin (NM)

Thomas L. Bean (OH)

Valerie P. Cooke (NV)

Hon. John E. Galt (WA)

Hon. James C. Beasley, Jr. (TN)

Franklin K. Cooper (NV)

Hon. Sheldon C. Garber (IL)

Hon. Janette A. Bertness (RI)

Hon. John P. Corderman (MD)

Lynn Garcia (NM)

Becky Blalock (NC)

Hon. and Mrs. Andrew B. Core (NM)

Hon. Linda Gardner (NV)

Kenneth J. Bolen (VA)

Hon. Philip V. Cortese (NY)

Hon. Eugene A. Gasiorkiewicz (WI)

Joanne Bond (NV)

James P. Costa (NV)

Hon. Delbert C. Gee (CA)

Hon. Claudia C. Bonnyman (TN)

Hon. Frederic Cowan (KY)

Hon. Thomas H. Gerken (OH)

Hon. David F. Bortner (PA)

Hon. Alice M. Craft (VA)

Hon. James M. Gleeson (OR)

Gregory R. Bortolin (NV)

Rebecca Crotty (KS)

Commissioner Dianne E. Goddard (WA)

Dietrich Boskie (NY)

Dr. and Mrs. Joseph N. Crowley (NV)

Robert M. Gorrell, Ph.D. (NV)

Hon. William L. Boulden (PA)

Linda Rae Curry (KY)

Hon. John F. Gossart, Jr. (MD)

Hon. Thomas H. Broome (MS)

Hon. Beverly W. Cutler (Ret.) (AK)

Hon. Kenneth L. Govendo (MP)

Hon. Walter J. Brudzinski (NY)

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

Hon. Gary A. Graber (NY)

Hon. Kenneth L. Buettner (OK)

Hon. Amy M. Davenport (VT)

Hon. Charles R. Greenacre (CO)

Mr. and Mrs. Douglas Byington (NV)

Hon. Roger D. Davis (IN)

Gay Groce (NC)

Nicholas G. Byron (IL)

Hon. James E. Dehn (MN)

Hon. Denis E. Guest (IL)

Hon. Doloresa Cadiente (AK)

Frankie Sue Del Papa, Esq. (NV)

Mrs. Martha Rogers Haas (FL)

Patricia D. Cafferata, Esq. (NV)

Gordon H. Depaoli (NV)

Hon. Thomas G. Halko (LA)

Hon. Michael O. Caperton (KY)

Desert Research Institute

Hon. Katherine L. Hansen (MI)

Judith M. Card (NV)

Hon. John A. DeVita, II (CO)

Don W. Hataway (NV)

Suzette Carlisle (MO)

Hon. Frances Doherty (NV)

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

Hon. William B. and Audrey J. Cassel (NE)

Hon. Frederick D. Dorsey (DC)

Hon. Mark Hayes (SC)

Dennis G. Caviglia (NV)

Dennis Drew (ID)

Hon. Paul P. Heffernan (MA)

Hon. Joel T. Chaisson (LA)

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

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

Nimrod T. Chapel, Jr. (MO)

Senior Judge Andrew Effron (VA)

Robert B. Helfrich (MS)

Hon. Thomas E. Cheffins (PA)

Hon. Norbert Ehrenfreund (CA)

Anne Helliwell (FL)

Hon. and Mrs. James Chenault (KY)

Hon. James R. Ellis (OR)

Jerome O. Herlihy (DE)

City of East Chicago City Court

Hon. John H. England (AL)

Ross H. Hicks (TN)

Elizabeth A. Clark (TX)

Hon. Teri L. Feasel (NV)

Sandra S. Hillman (MD)

Hon. Mark D. Cleve (IA)

Martin Fine (FL)

Thad Holcomb (NV)

Hon. Edward D. Cohen (FL)

Hon. Timothy J. Finn (IA)

Harry P. Holman (NV)

Hon. and Mrs. Frederick C. Cohen (MO)

Hon. Adam Fisher, Jr. (SC)

Hon. M. A. Hoover (TN)

Gay Coleman (NC)

Christine Folsom-Smith, Esq. (NV)

Sharon A. Hughes (NV)

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

46

continued

GIFT

Have you considered making your gift in installments?

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.

donors

continued

Hon. James T. Russell (NV)

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

James P. Safford (NV)

Thorunn Ivey (NC)

Hon. Kathleen Mulligan (CA)

Hon. Eugene W. Salisbury (NY)

Ms. and Mr. Harold J. Jacobsen (NV)

Hon. Sheila M. Murphy (IL)

Hon. Mark T. Sanchez (NM)

Hon. Dena James (NV)

Tina Muto-Wong (CA)

Hon. Michael J. Schingle (CO)

Hon. Richard A. Jones, Jr. (WA)

Hon. Greg K. Nakamura (HI)

Marilyn H. Schmidt (MD)

Cynthia Justice (NC)

Russell M. Nash (NV)

Hon. Robert N. Scola (FL)

Joni Kaiser (NV)

Georgene A. Nelson (OR)

Hon. Kathy C. Seeley (MT)

Hon. Franklin M. Kang (CA)

Gerogia M. Nelson (TN)

Hon. Mark H. Shapiro (NY)

Hon. Tod J. Kaufman (WV)

Nick C. Nichols, Esq. (TX)

Hon. Charles A. Shaw (MO)

Hon. Michelle M. Keller (KY)

Hon. Steven J. Oeth (IA)

Hon. Lisette L. Shirdan-Harris (PA)

Hon. David Kimberley (AL)

Jerry W. O’Kane (CA)

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

Hon. Patrick J. King (MA)

Hon. Brian M. O’Leary (VA)

Hon. Thomas E. Sims (MO)

Kirk Kinne (NV)

Olson, Cannon, Gormley & Desruisseaux

Hon. Karen D. Slaughter (AZ)

Hon. Harry S. Kinnicutt (CA)

Hon. George W. Overton (PA)

John D. Small (NV)

Cindy Kinser (NC)

Hon. Eliza J. Ovrom (IA)

Marjorie G. Smith (CO)

Hon. Philip M. Kirk (WI)

Hon. Michael J. Owens (NE)

Michael C. Smith (OK)

Hon. Stanley Klavan (MD)

Albert Pagni, Esq. (NV)

Hon. Steven L. Smith (TX)

Hon. William J. Knight (LA)

Justice Canney L. Palsis (FM)

Hon. Gilbert A. Smith (SC)

Hon. Daniel L. Konkol (WI)

Hon. Donald E. Parish (TN)

James C. Smith, Esq. (NV)

Hon. Steven R. Kosach (NV)

Hon. William J. Pattinson (IA)

Hon. Marshall A. Snider (CO)

Hon. Victor Kovach (NM)

Cecelia Pearce (NV)

Hon. Gary Snow (OK)

Hon. Michael J. Kramer (IN)

Hon. Bridget Robb Peck (NV)

Hon. Allen E. Sommer (CA)

Alyson Lamprecht (NV)

Ruth Pintar (NV)

Hon. Ronald E. Spivey (NC)

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

Margo Piscevich, Esq. (NV)

Hon. Paul St. Dizier (LA)

Diana Lawrence (NV)

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

Hon. James F. Stapleton (CT)

Patty Layson (KY)

Hon. Mark D. Poindexter (DC)

Hon. Connie J. Steinheimer (NV)

Hon. David A. Leech (NC)

Pat Precissi (NV)

Hon. Brian W. Steinke (IN)

Hon. Dennis B. Leiber (MI)

Delores Pringle (NV)

Nancy Stewart (NC)

Hon. Paul G. Levy (NJ)

William O. Protz (NV)

Hon. Waldo F. Stone (WA)

Hon. Allene H. Lindstrom (NM)

Hon. Russell S. Pugh (CA)

William V. Strain (NE)

Elliott H. Lucas (FL)

Leonard J. Pugh (NV)

Hon. Roger G. Strand (AZ)

Hon. Gary W. Lynch (MO)

Hon. Wayne M. Purdom (GA)

Harry W. Swainston (NV)

Hon. John A. MacPhail (SC)

Hon. James Radda (WV)

Hon. Richard A. Swartz (LA)

Hon. Herman Marable, Jr. (MI)

Myrna S. Raeder (CA)

Hon. Robert L. Tamietti (CA)

Hon. J. Matthew Martin (NC)

Hon. Gerald J. Rafferty (CO)

Hon. Paul Tang (AZ)

Hon. Paul J. Mason (VA)

Lawrence F. Ranallo (TX)

Chaney Taylor (AR)

Frank D. Mathews (NV)

Geneva M. Rank (CA)

Harold J. Thistle (NV)

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

Robert Rankin (NV)

Hon. Edward F. Thompson (WI)

Sally M. McKeag (NV)

Ann R. Reaser (NV)

Karen Waldrop Thorson (MT)

Steve McKnight (NV)

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

Hon. Terry L. Thurbon (AK)

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

Chief Justice Paul Reiber (VT)

Hon. Sherry A. Todd (OK)

Hon. John J. McNally (KS)

Hon. Kevin G. Ringus (WA)

Joseph A. Trotter, Jr. (DC)

Hon. Samuel McVey (UT)

James Y. Robertson (NV)

Hon. Ramona F. Tsosie (AZ)

Hon. David Melcher (KY)

Hon. Douglas B. Robinson (WA)

Hon. Jon A. Van Allsburg (MI)

Hon. Sandra K. Miller (CO)

William H. Rohrer (NV)

Hon. James C. Van Winkle (NV)

Hon. Stewart W. Milner (TX)

Hon. Michael J. Rosborough (WI)

Hon. Thomas E. Vance (CO)

Tim Minahan, Jr. (TX)

Elton G. Rossi (NV)

Brian VanDenzen (NM)

Hon. Karen P. Mitchell (NM)

Richard E. Rossi (NV)

Hon. Gerald W. VandeWalle (ND)

Hon. John J. Rufe (PA)

Hon. Anthony J. Vardaro (PA)

47

|

Hon. R. Thomas Moorhead (CO)

Hon. Carl B. Ingram (MH)

CASE IN POINT

Hon. Robert C. Hunter (NC)

2012 Issue

donors

48

continued

Linda Vasquez (NV)

Hon. Charles R. Wolle (IA)

Justice Circle ($10,000 +)

Ann M. Veneman (NY)

Wolpe Leibowitz & Fernandez

Barrick Gold Corporation

Hon. J. S. Vowell (AL)

Buckner Woodford (KY)

Boies, Schiller & Flexner LLP

Egan K. Walker (NV)

David Woodford (KY)

Ceasars Entertainment

Hon. Gerald Wallace (MS)

Hon. Carolyn I. Wright (TX)

McDonald Carano Wilson LLP

Hon. Marcia K. Walsh (MO)

Hon. Robin Wright (NV)

Newmont Mining Corporation

Hon. John L. Ward, II (AS)

Hon. Michael A. Youngpeter (AL)

PricewaterhouseCoopers LLP

Hon. Michael W. Ward (OH)

Hon. Hiller B. Zobel (MA)

William L. Wellons (VA)

Honor Circle ($5,000 +)

Hon. G. E. Welmaker (SC)

Corporations

Akin Gump Strauss Hauer & Feld LLP

Robert S. White (CA)

Aetna

Brownstein Hyatt Farber Schreck, LLP

Michael D. White (AK)

Barrick Gold Corporation

Gibson Dunn

Hon. H. William White, Jr. (PA)

Caesars Entertainment

Hunton & Williams

Jack D. Wickware (CA)

Chevron Corporation

Hon. William J. Raggio (Dec.) (NV)

Bruce Wilcox (VA)

ExxonMobil Corporation

Rawle & Henderson, LLP

Hon. Danita G. Williams (OK)

Newmont Mining Corporation

Hon. Cindy L. Wilson (CO)

PricewaterhouseCoopers LLP

Hon. Sharen Wilson (TX) Kathleen Winters (NV)

Foundations

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

M. R. Bauer Foundation The Guido A. and Elizabeth H. Binda Foundation

c o l l e g e j u d i c i a l n at i o n a l t h e

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.

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

Jerome A. Yavitz Charitable Foundation, Inc.

Gabelli Foundation Inc. Robert Z. Hawkins Foundation

M. Z. Albright (NV)

William Randolph Hearst Foundation

NJC Planned Giving

Littler Mendelson, P.C.

Donors to the Justice Cameron M. Batjer Endowment Fund

The E. L. Cord Foundation

Leave a Legacy

Honorable Mention Donors to Pillars of Justice Fund

International Academy of Trial Lawyers Foundation J. F Maddox Foundation The Dwight D. Opperman Foundation Helen Roberti Charitable Trust The Clinton H. and Wilma T. Shattuck Charitable Trust

George V. Allison (NV) Hon. Wesley Ayers (NV) Bernardina M. Baker (NV) Marybel, Christina and Lura Batjer (NV) Thomas L. Bean (OH) Lydia I. Beebe (CA) Hon. Janet Berry and Dr. David Berry (NV)

The John Ben Snow Memorial Trust

Joanne Bond (NV)

The South Carolina Bar Foundation

Gregory R. Bortolin (NV)

Jerome A. Yavitz Charitable Foundation, Inc.

Dietrich Boskie (NY)

Sempra Energy

Judith M. Card (NV) Dennis G. Caviglia (NV)

Pillars of Justice

Caesars Entertainment Elizabeth A. Clark (TX)

Freedom Circle ($25,000 +)

Robert Compston (NM)

Chevron Corporation

Valerie P. Cooke (NV)

Greenberg Traurig, LLP

Franklin K. Cooper (NV)

Liberty Circle ($15,000 +)

Frankie Sue Del Papa, Esq. (NV)

Hon. David M. Gersten (Ret.)

Gordon H. Depaoli (NV)

James P. Costa (NV)

Desert Research Institute Hon. Frances Doherty (NV) Hon. William F. and Angela Dressel (NV) Dennis Drew (ID)

donors

continued

Lynn Garcia (NM)

Emmagene Sansing (CA)

In Memory Of

Hon. Linda Gardner (NV)

Gretchen Alt Sawyer (NV)

Roy M. Goodman (NY)

Marilyn H. Schmidt (MD)

In Memory of Hon. David B. Babbitt Hon. Philip T. Kyle (Ret.) (KS)

Hon. Sophia H. Hall (IL)

Ray Shaddick (GA)

Don W. Hataway (NV)

May S. Shelton (NV)

Karen E. Heggie (CA)

John D. Small (NV)

Mr. and Mrs. Earl M. Hill, Esq. (NV)

Hon. Connie J. Steinheimer (NV)

Sandra S. Hillman (MD)

Harry W. Swainston (NV)

Thad Holcomb (NV)

Harold J. Thistle (NV)

Harry P. Holman (NV)

Linda Vasquez (NV)

Sharon A. Hughes (NV)

Ann M. Veneman (NY)

Ms. and Mr. Harold J. Jacobsen (NV)

Egan K. Walker (NV)

Joni Kaiser (NV)

Robert S. White (CA)

Christine H. King (NV)

Jack D. Wickware (CA)

Kirk Kinne (NV)

Kathleen Winters (NV)

Hon. Steven R. Kosach (NV)

Hon. Robin Wright (NV)

In Memory of Hon. Arthur A. Gladstone Hon. Gregory Holiday (MI)

Donors to the Walter H. Beckham, Jr., Esq. Endowment Fund

In Memory of Steve Suddjian Susan and Howard Conyers (NV)

Dorothy H. Addison (GA)

In Memory of Hon. Earl Truesdell Jon Comstock (AR)

Russel Kost (NV) Alyson Lamprecht (NV) Diana Lawrence (NV) The Paul Laxalt Group Donna Lucas (CA) Andrew Mackenzie (NV) Frank D. Mathews (NV) Sally M. McKeag (NV) Steve McKnight (NV) Tim Minahan, Jr. (TX) Tina Muto-Wong (CA) Russell M. Nash (NV) Gerogia M. Nelson (TN) Peter C. Neumann, Esq. (NV) Jerry W. O’Kane (CA) Albert Pagni (NV) Cecelia Pearce (NV) Bridget Robb Peck, Esq. (NV) Ruth Pintar (NV) Margo Piscevich, Esq. (NV) Delores Pringle (NV) William O. Protz (NV) Leonard J. Pugh (NV) Senator Bill Raggio (NV) Geneva M. Rank (CA)

James Y. Robertson (NV) William H. Rohrer (NV) John T. Ross (NM) Elton G. Rossi (NV) Richard E. Rossi (NV) Hon. James T. Russell (NV) James P. Safford (NV)

In Memory of Hon. Louis E. Condon Marie Condon (SC) In Memory of Hon. Stephen Dombrink Hon. David M. Krashna (CA) In Memory of Hon. Robinson O. Everett Senior Judge Andrew Effron (VA) In Memory of David A. Gibson Chief Justice Paul Reiber (VT)

In Memory of Jim Williams Hon. Duane R. Harves (Ret.) (MN)

Martin Fine (FL)

In Honor of

Hon. William C. Griffin, Jr. (NC)

In Honor of Muriel Bartlett Hon. Amy J. Berling (OH)

Gay Groce (NC) Mrs. Martha Rogers Haas (FL) Anne Helliwell (FL) Richard Hrebik (FL) Thorunn Ivey (NC) Cynthia Justice (NC) Cindy Kinser (NC) Elliott H. Lucas (FL) Nick C. Nichols, Esq. (TX) Patty Layson (KY) Parks, Chesin & Walbert, P.C. Hon. Wayne M. Purdom (GA) Hon. Robert N. Scola (FL) Stewart Tilghman Fox & Bianchi, P.A. Nancy Stewart (NC) Robert H. and Jacqueline B. Traurig (FL) Wolpe Leibowitz & Fernandez Buckner Woodford (KY) David Woodford (KY)

In Honor of Hon. Dennis A. Challeen Kenneth D. Robinson (TN) In Honor of Hon. Paul DeMuniz Hon. Ellen F. Rosenblum (OR) In Honor of Hon. William F. Dressel Hon. Robert L. Childers (TN) In Honor of Hon. Elke Gruenert Hon. Juergen Maruhn (Germany) In Honor of Hon. Duane R. Harves Hon. Phyllis H. Carter (WV) In Honor of Hon. Amy B. Karan Hon. Gregory Holiday (MI) In Honor of Hon. Timothy W. Kelly Hon. Kevin R. Kelly (MO) In Honor of Hon. Michael E. McMaken Hon. George N. Hardesty, Jr. (AL) In Honor of Julie Russell Hon. Amy J. Berling (OH) In Honor of Joseph Sawyer Hon. Peggy F. Hora (CA) In Honor of Hon. Tania Wright Hon. Carolyn I. Wright (TX) In Honor of Hon. David Zenoff Hon. Kathryn Zenoff Rettig (IL)

2012 Issue

Ann R. Reaser (NV)

Gay Coleman (NC)

In Memory of Dr. John N. Chappel Hon. Peggy F. Hora (CA)

|

Robert Rankin (NV)

Becky Blalock (NC)

49

CASE IN POINT

Pat Precissi (NV)

Emily A. Beckham (FL)

In Memory of Hon. Cameron M. Batjer Russel Kost (NV)

2012 Issue

CASE Point IN

Judicial College Building/MS 358 University of Nevada Reno, Nevada 89557

E D U C AT I O N | I N N O VAT I O N | A D VA N C I N G J U S T I C E