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STANDING WITH THE JUDICIARY

2018

Annual Report to Stakeholders


To foster and maintain the competence, integrity and ‘independence of the judiciary ’

— PURPOSE NO. 1, BYLAWS OF THE NATIONAL JUDICIAL COLLEGE

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ANNUAL REPORT TO STAKEHOLDERS, 2018


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Hon. Benes Z. Aldana (Ret.) Sandra S. Yamate President Chair, Board of Trustees

cover photo

i l l u s t r at i o n b y

Rob Phipps

n October 2018, our monthly one-question survey asked the College’s 12,000 alumni if they felt judicial independence was under attack. More than 90 percent who responded said yes. We followed up six months later by asking the same group if judges should speak out against attacks on judicial independence. More than 85 percent said yes. Historians may one day write of 2018 as the most divisive year for American society since the Civil War – unless 2019 proves more divisive still, a depressing prospect. It was a year that saw individuals and groups seek to undermine the legitimacy of judges and the courts like no time in memory. We did not take these efforts lying down or staying silent. As this annual report seeks to illustrate, the College stood up for judges and judicial independence in multiple ways during 2018. Most visible was the nonpartisan national symposium we organized in Washington, D.C., examining efforts to undermine the courts and media and the potential consequences for American democracy. While others feared to speak or waited to see what would happen next, the College acted on its ideals. The first purpose of this institution, as stated in its bylaws, is to “foster and maintain the competence, integrity and independence of the judiciary.” Likewise, Canon 1 of the Model Code of Judicial Conduct states: “A judge shall uphold and promote the independence, integrity and impartiality of the judiciary….” Thank you for your steadfast support of the College and its mission. We will not waver from our commitments and our No. 1 core value, which is an absolute commitment to justice.

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NEWS

Tuition-based enrollment spikes Enrollment in tuition-based courses reached an 11-year high of 1,278 in 2018. The College’s total enrollment – including special and innovative courses, grant-funded courses, and various customized and self-study courses presented in person and on the web – came to 7,354. Online study accounted for approximately ⅓ of enrollment. Berkeley Law dean and daughter of famed Japanese-American camp resister address new judges The Justice Jackson Lecture returned as a regular feature of the College’s flagship General Jurisdiction course in 2018. The new judges got to hear from Berkeley Law Dean Erwin Chemerinsky in the spring and Karen Korematsu, founder and executive director of the Fred T. Korematsu Institute, in the fall. Chemerinsky, named the most influential person in legal education in the United States by National Jurist magazine, spoke on the increasing difficulty of suing the government to enforce one’s constitutional rights, and the increasing hostility toward freedom of speech on college campuses. Korematsu told the story of her father, Fred, who at the age of 23 refused to be incarcerated along with other Japanese Americans after the Japanese bombing of Pearl Harbor. He appealed the order to the Supreme Court and lost, but his conviction was overturned in 1983. The lecture series’ namesake, Justice Robert H. Jackson, was one of three dissenters in the 1944 ruling. The series is presented with support from Thomson Reuters.

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Expanding the NJC’s reach overseas In November, President Aldana and William Brunson, the College’s director of special projects, custom courses and international programs, traveled to Goyang, South Korea, to sign a memorandum President Aldana (second from left) is flanked by his counterof understanding parts from South Korea (left) and cooperation and Singapore and the EU (far right). with the Judicial Research and Training Institute of the Supreme Court of South Korea. The agreement was signed at an International Conference on Current Trends and Emerging Challenges in Judicial Education. At the same event, the College’s leadership also pledged to work with the EU’s European Judicial Training Network on future projects. Two Payant honorees, two surprise announcements The College honored two longtime faculty with the V. Robert Payant Award for Teaching Excellence in 2018: Hon. Jennifer Gee (left), district chief judge with the U.S. Department of Labor Office of Administrative Law Judges in San Francisco; and Hon. Margarita Bernal (Ret.), a former longtime municipal court judge in Tucson, Arizona. Both winners were surprised when President Aldana presented them with their awards. Gee received hers at the

annual meeting of the National Association of Women Judges in San Antonio. Bernal received hers (right) at an NJC reception at the U.S. Supreme Court with Justice Sonia Sotomayor, a friend of hers. Descendants of parties to the Dred Scott decision and other historic figures speak at fairness symposium A special Symposium on Reconciliation and Ethnic Fairness in the Courts, presented by the College, featured a panel discussion involving the descendants of Jefferson Davis and the principal figures in the infamous Dred Scott decision. The unique event, co-sponsored by nine groups, including the Dred Scott Heritage Foundation, the American Judges Association, and the National Center for State Courts, took place July 16, 2018, at Logan University in Chesterfield, Missouri. The daylong program attracted more than 170 people, mostly judges. One of the parKate Taney Billingsley’s (left) ticipants, actress, ancestor, Roger Taney, wrote the opinion that kept Lynne playwright and acting Madison Jackson’s ancestor, professor Kate Taney Dred Scott, a slave. Billingsley, the greatgreat-great-grandniece of Chief Justice Roger Taney, author of the Dred Scott decision, wrote afterward:


“ Thank you for an amazing experience. ” — Hon. Zhen Zhang, California Public Utilities Commission, a participant in Administrative Law: Fair Hearing.

“As an artist writing about racism in America I find myself at times feeling a bit nihilistic. And yet … I had this flux of hope seeing so many judges ready and willing to learn about how they can be more just and un-biased in their courtrooms.” Have judicial expertise, will travel In April the College and the ABA Judicial Division presented the National Judicial Institute and Conclave in Chicago on Emerging Judicial Ethics in Today’s Cases … In June, we presented a program to 45 journalists attending the annual Journalist Law School at Loyola Law School in Los Angeles on The Role of the Courts in Responding to the Opioid Epidemic … In October we joined with the National Council of Juvenile and Family Court Judges to present a special course in Reno, Managing Challenging Family Law Cases: A Practical Approach … In October we presented a program for judges and attorneys in Seattle called A Cliff’s Notes Version of the Future: What Lawyers and Judges Need to Know About Emerging Technologies.

IN MEMORIAM V. Robert Payant President Emeritus V. Robert Payant, who joined the faculty in 1973, didn’t stop teaching until 2008, and served as chief executive officer of the College from 1990 until he retired in 1999, passed away in September 2018 at his home in Milwaukee. He was 86 and had been dealing with Parkinson’s disease in recent years. Although he was the College’s seventh president (the title was

dean and chief executive officer until 1994), Judge Payant’s long tenure represented a quarter of the NJC’s history at the time he retired. He was instrumental in securing a $4 million grant from the Donald W. Reynolds Foundation and a matching allocation from the Nevada legislature that paid for the addition to the NJC’s headquarters. The new front section, which included the model courtroom, essentially doubled the facility’s size. The Reynolds grant also established the Reynolds National Center for Courts & Media. At the NJC he taught – unpaid – in more than 100 different courses, including more than 30 occasions after he had retired as president. In 1998, the College’s annual award for teaching excellence was renamed in his honor – and given to him. Dennis Challeen The judge credited with inventing the concept of sentencing to community service, former longtime NJC faculty member Dennis Challeen passed away in early August 2018 at age 82. Judge Challeen taught for the College for more than 30 years and in 2015 received its highest teaching honor, the V. Robert Payant Award for Teaching Excellence. He retired as a judge in 1999 after 35 years on the district court bench in Winona, Minnesota. He was said to have been the first judge in the country to sentence nonviolent offenders to community service instead of prison time. At the time, 1972, such sentences were not expressly allowed by law in Minnesota, and his actions were widely criticized by

those who favored punishment over restitution. He wrote often and lectured widely on his theories of crime, punishment and rehabilitation. He believed people convicted of crimes fell into one of three categories: ordinary, responsible people who had done something out of character and could be expected to change their ways no matter what sentence they were given; perpetual victimizers who considered themselves smarter than everyone around them; and people who could go either way but inevitably went bad if sentenced to live around bad people in prison. Tracy Page Judge Tracy Edward “Ted” Page, 64, a longtime NJC instructor who was shot and killed at his home in northwest Indiana in August 2018, was remembered as a fun-loving attorney who had an encyclopedic knowledge of the law and a love for teaching. “Whatever he did, he put his whole heart and soul into it,” said Lake County Superior Court Judge Sheila M. Moss, a longtime friend and protégé. “He was an extraordinary person.” Judge Page began his legal career as a prosecutor in Lake County, became a magistrate of the Lake Superior Court in 1984 and served in that role until 2000. He taught his first NJC course in 1996, went on to teach dozens more and completed just as many as a participant. Charged with his murder was an 83-year-old client, friend and former town council member. The man pleaded not guilty, and a trial was scheduled for August 2019.

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NEWS

A MEMORABLE WEEK IN WASHINGTON During the second week of December 2018, the College presented three major events in Washington, D.C.: • An entirely new academic course for judges, Contemporary Threats to Judicial Independence and Freedom of the Press; • A nonpartisan national symposium for judges and journalists (which doubled as the final day of the academic course), “Undermining the Courts and the Media: The Consequences for American Democracy.” (Video of that program, held at the National Press Club, can be found at the C-SPAN website, C-SPAN.org, and the College’s own website, Judges.org.); • A conversation and reception with Supreme Court Justice Sonia Sotomayor at the U.S. Supreme Court. Inspiration for the course and symposium came, in large part, from attacks on the legitimacy of the nation’s judiciary and news media by President Trump and others and a growing concern that the efforts constitute a potential threat to American democracy. The symposium was inspired by the 2018 bestseller How Democracies Die, by Harvard scholars Steven Levitsky and Daniel Ziblatt. The book considers a string of fallen democracies – Germany under Hitler and Venezuela under Hugo Chavez, among them – and concludes that the pattern is always the same: A populist demagogue is democratically elected

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and then sets about undermining public trust in vital elements of democracy, including the free press and an independent judiciary. Before long, authoritarianism has replaced democracy. At the symposium, supporting evidence for this theory was provided by three eyewitnesses to a downfall of democracy: a 93-year-old Holocaust survivor; a Venezuelan journalist who covered Chavez; and a judge exiled from Turkey by the regime of Recep Tayyip Erdoğan. Other speakers included NPR’s Supreme Court correspondent Nina Totenberg, the executive editor of The Washington Post, the editorial page editor of The New York Times, the Washington Bureau chief for USA Today, TV journalists from CNN, Fox and ABC, four current or retired federal judges, three state supreme court justices, including the chief justice of California, and the president of the American Bar Association. In his poignant keynote, longtime CBS and NBC news correspondent Marvin Kalb, 88, recalled the words of his mentor, legendary newsman Edward R. Murrow, who is credited with helping expose the lies and abuse of power of Sen. Joseph McCarthy during the communist Red Scare of the 1950s. Kalb said Murrow explained his concept of freedom as a structure with two pillars: one representing the sanctity of the courts, the other freedom of the press. On top of the pillars rested democracy. “Murrow’s point was that so long as the two pillars were strong and firm, unbending to contemporary political pressures, so, too, would the concept of democracy be strong and firm. But if these pillars were humiliated, undermined, weakened, then so, too, would democracy be humiliated, undermined and weakened.”

UNDERMINING THE COURTS AND THE MEDIA: THE CONSEQUENCES FOR AMERICAN DEMOCRACY The nonpartisan national symposium for judges and journalists took place Dec. 13, 2018, at the National Press Club.

The symposium drew a near-capacity crowd of about 250 people to the National Press Club and was recorded in its entirety by C-SPAN.


Holocaust survivor Frank Cohn, 93, who escaped Germany at age 13, said one of the lessons from the rise of the Nazis is, “Injustice must be challenged as soon as it appears. When the challenge is too late, it can be fatal. Once the dictators gain control, they can and will ruthlessly suppress all dissent. At that point the only option left is escape, and that is easier said than done. And who will let you in?”

Photographs

by

Kevin M. Kennedy

NPR’s legal affairs correspondent Nina Totenberg said of the increasingly partisan Supreme Court confirmation battles, “I keep hoping it will get better, but it never does, it gets worse.”

“WE ORGANIZED THIS PROGRAM BECAUSE WE FEAR THAT IF EVENTS CONTINUE ALONG THEIR PRESENT TRAJECTORY, AMERICAN DEMOCRACY WILL BE IMPERILED.” — NJC President Benes Z. Aldana

In his keynote, longtime CBS and NBC news correspondent Marvin Kalb said many believe American democracy is strong enough to endure the undermining of the press and courts. But “where is it written that democracy — unlike any other political system through history — cannot change, cannot be shaken, [cannot] mutate into a form of political authoritarianism — that once established, democracy as we have known it, is here forever?”

Venezuelan journalist Laura Weffer, who covered the rise and rule of President Hugo Chavez for 10 years, said, “I thought, this is Venezuela, what happened in Cuba would never happen here. It happened to us, and now I see countries around the world where people are convinced that something like this would never happen to them. And I keep telling them, it can happen anywhere.”

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NEWS

American Bar Association President Bob Carlson said, “Disagreeing with a court’s decision is everyone’s right. But when government officials question a court’s motives, mock its legitimacy, or threaten retaliation due to an unfavorable ruling, their intent is to erode and weaken the court’s standing and hinder the court from performing their constitutional duties. Rest assured, the American Bar Association — every day and in every way — will not let that happen.”

Washington Post Executive Editor Martin Baron said President Trump acknowledged in an interview during the campaign that he uses the term “fake news” to discredit the media so that when people encounter negative stories about him they won’t believe them. The famed editor said, “He wants to disqualify the press as an independent arbiter of fact. And not only … the press. He’s trying to disqualify other institutions as well, including your own, the courts, including law enforcement, including intelligence agencies, including even scientists – so that he alone is viewed as the only source of truth.”

Federal District Judge James Robart, whom President Trump called a “socalled judge” after blocking one of the president’s travel bans on constitutional grounds, said people have a constitutional right to disagree with his rulings. But calling someone a “socalled judge” is tantamount to saying judges have no authority to consider the constitutionality of a law or an executive order and “must be stopped.”

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From left: former Fox News Chief National Correspondent Jim Angle, Washington Post Executive Editor Martin Baron, New York Times Editorial Page Editor James Bennet, public radio’s On the Media co-host Bob Garfield, USA Today White House Bureau Chief Susan Page, Pulitzer Prize-winning former Wall Street Journal editor Daniel Hertzberg, former CNN anchor Frank Sesno, ABC News Senior White House Correspondent Cecilia Vega.

“CAN WE SIT IDLY BY AND LET THESE THINGS HAPPEN? THE ANSWER IS, OF COURSE NOT. THERE’S AN OBLIGATION ON EVERYONE, PARTICULARLY THE MEDIA, TO STEP UP IMMEDIATELY AND DEFEND WHAT JUDGES DO.” — Hon. Shira A. Scheindlin (Ret.) U.S. District Court for the Southern District of New York


Marvin Kalb (center) with Laura Weffer and Jon Sawyer, executive director of the Pulitzer Center on Crisis Reporting

“When we stand by and don’t raise our voices and respond in strong opposition to attacks on the judiciary, we are putting at risk our constitutional structure and our democratic principles. I don’t think that’s an overstatement at all.” — Hon. Andre Davis (Ret.), U.S. Court of Appeals for the Fourth Circuit; Baltimore City Solicitor

SUPPORTERS OF THE NATIONAL SYMPOSIUM Financial and other support for the national symposium for judges and journalists came from the College’s endowed Donald W. Reynolds Center for Courts and Media and from the following outside organizations and individuals. The College met its goal of raising $100,000 from outside sources. Principal co-sponsors Law School Admissions Council

National Council of Juvenile and Family Court Judges

National Center for State Courts

ABA Section of Litigation

International Academy of Trial Lawyers

John L. Holcomb, Esq.

Charles Koch Foundation

Troutman Sanders

American Association for Justice Robert L. Habush Endowment

American Constitution Society

Ellen Tenenbaum & Craig Zimmerman

University of Nevada, Reno Judicial Studies Graduate Degree Program

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

University of Nevada, Reno School of Social Research and Justice Studies

Greenberg Traurig

Loyola Law School, Los Angeles Civil Justice Program

UNLV William S. Boyd School of Law ABC News Senior White House Correspondent Cecilia Vega on covering President Trump’s rallies: “I’ve been in a lot of dangerous situations for work. I’d never been in a situation where an entire arena full of people have turned to scream hostilities. It has changed the way we do our job every day. I’m in the White House most days, and I now look both ways when I leave.”

Thomson Reuters

Edwards Frickle & Culver Montana Trial Attorneys

Brennan Center for Justice

With additional support from Alan Brayton, Brayton*Purcell

ABA Standing Committee on the American Judicial System

Jeffrey M Goldberg, Jeffrey M. Goldberg Law Offices

ABA Judicial Division

Scholars at Risk

Harry and Kathe Deitzler Mona Lisa Wallace, Wallace & Graham

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Judicial Fellow Gayle Williams-Byers is on a mission to disabuse judges about a common, but illegal, plea agreement that can allow dangerous commercial drivers to remain on the road.

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In recent years the College has educated more than a thousand judges on commercial driver’s license and commercial motor vehicle laws and regulations throughout the nation and in Indian Country.

TAKING UNSAFE DRIVERS OFF THE ROAD

Rroger Mastroianni

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n June 2018, a truck plowed into a Jeep Wrangler stopped in traffic on Interstate 84 in Idaho, killing the truck driver and three Idaho airmen who were in the Jeep. A newspaper account later revealed that the truck driver had been convicted of more than 20 driving-related violations in four states before the crash and additional offenses in other states. The obvious question was, why was a driver with so many convictions still on the road and in possession of a commercial driver’s license? One likely reason, though it was not part of the record, relates to an all-too-common traffic court practice called “masking.” Masking relates to plea bargains struck by commercial drivers who are in danger of accruing so many driving violations that they face the automatic loss of their commercial driver’s license (CDL). When they’ve reached the limit, they often seek to plead guilty to different infractions or to attend driver’s education courses, an alternative known as diversion or deferred prosecution. Prosecutors and judges are often sympathetic to the drivers’ argument that the loss of the CDL will take away their means of earning a living and supporting their families. But preserving a driver’s license in this way effectively – and illegally – masks the true record of dangerous driving. For nearly 20 years, The National Judicial College, supported by grants from the Federal Motor Carrier Safety Administration, has been educating judges about masking and other highway safety regulations. In the past two

years, more than 300 judges have tuned in to the College’s live national webcasts on the subject or to webcasts customized to each of the 50 states. In 2016 and 2017, 447 judges attended in-person courses presented in seven states. And the efforts appear to be finally paying off. In Florida, former St. Petersburg Circuit Court Judge Karl Grube, now in senior status, says judges in his state used to withhold convictions in almost all commercial operators’ cases, such as speeding, careless driving and improper lane changes. That changed when the NJC came to town. “Once our judges realized that our practices were not only contrary to the law but dangerous to the motoring public, we slowly turned the corner to avoid masking,” he says. Gayle Williams-Byers, a presiding judge for the South Euclid, Ohio, Municipal Court, has taught courses on commercial driver’s license issues across the country as a judicial fellow of the College. She says she’s found that many, “if not all” of the judges she’s taught were unaware that masking was a violation of federal law. “I had no idea that these plea agreements effectively violated the law until I took the course,” says Judge James Hanby, a justice of the peace in Wilmington, Delaware. “I now take a much closer look at the record of violations.” Romana Lavalas, a senior attorney for the National Traffic Law Center of the National District Attorneys Association, says awareness of masking is clearly on the rise in courthouses, and “if judges are doing what they’re supposed to do, the right drivers will get disqualified.” With support from the Federal Motor Carrier Safety Administration, the NJC is working to make sure that happens.

‘ I had no

idea that these plea agreements effectively violated the law until I took the course . ’ —Judge James Hanby, Wilmington, Delaware

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Judge McCune points to a Vietnam War veteran who was one of the first graduates of his Veterans Treatment Court. He found a better way to manage chronic non-payers of child support Judge Brian J. Amero was frustrated by the way he had to handle defendants who failed to pay child support in Henry County, Georgia. Over the years, he witnessed an alarming number of litigants – mostly fathers who represented themselves in court – fall significantly behind on payments. Many hadn’t worked for a year or longer, and when a prosecutor would ask them why, they would just shrug. Amero concluded that the vast majority of them had just given up, believing they were in a hole they couldn’t get out of. The traditional model for contempt at the time afforded him only one legal remedy—incarceration. “It was a scenario in which everyone loses: the father goes to jail, what little stability he may have had is gone, he falls further behind in his payments, and the children don’t get to see their father. Even worse, the children believe that they had some role in sending their dad to jail.” The county also had to pay the bills. “It was a negative, repetitive cycle,” he says. Inspired in part by the exchange of ideas he engaged in with other judges during an NJC General Jurisdiction program in 2007, Amero decided to do something about it. He ended up creating a Parental Accountability Court or PAC, under which a case manager is assigned to help parents deal with addiction issues, obtain job skills, find and keep work, and address transportation issues. One participant in the program had started abusing alcohol after going through an acrimonious divorce. He became estranged from his children and lost his job following an arrest for failing to pay child support. “When [he] got involved in the PAC, he was able to get help for his addiction, get and keep a job, regain some financial footing and begin making child support payments again,” said the judge. Even more gratifying, the participant restored his relationships with his children. “When his daughter called him to ask for help buying a prom dress, he was able to step up and pay for the dress. He described it as one of the happiest moments in his life.” The man is now three years sober years and spends one week a month with his kids. Amero has helped expand the program throughout Georgia. In the 2018 State of the Judiciary Address, Chief Justice P. Harris Hines of Georgia’s Supreme Court summarized the program’s success: In six years, PACs have helped 5,000 parents avoid jail time and pay more than $5 million in support for more than 7,000 children. They have also saved counties more than $10 million in incarceration costs. As of today, the courts operate in 33 of Georgia’s 49 judicial circuits. For his next project, Amero is hoping to help those with mental illness who are arrested and too often languish needlessly in county jails. “I’d like to see a post-arrest program that immediately connects the mentally ill with appropriate treatment at a crisis stabilization center without the need for incarceration.”

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Judge McCune participated in the Leadership for Judges course funded by grants from the William Randolph Hearst Foundation and the Bureau of Justice Assistance.

IMPROVING OUTCOMES FOR CONVICTED VETS

D o u g E n g l e / O c a l a S ta r - B a n n e r

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2012 study by a forensic psychologist found that nearly 1 in 10 combat veterans had been arrested since their deployment. The arrest rate was nearly 1 in 4 for vets diagnosed with post-traumatic stress disorder (PTSD) and high irritability. In Florida, some veterans charged with nonviolent crimes end up in the Marion County Veterans Treatment Court in Ocala. Created seven years ago by administrative judge and NJC faculty member Jim McCune, it was one of the first in Florida, a state with many veterans. Veterans who plead guilty in the special court and complete at least a year of counseling and other services ordered, which can include community service, typically have their charges dropped. In its first four years, the court produced a success rate of nearly 88 percent. To date, it has helped more than 200 veterans pay back the community after breaking the law. It has also helped many deal with PTSD and substance abuse. “It’s never really over,” says Johnny Valentine, a veteran of the Iraq and Afghanistan wars who has served as the court’s case manager since 2016. “I can smell something burning like a barbeque and it will take me right back to Al Asad (an air base in Iraq where he watched a direct hit on a fuel depot, the biggest fire he had ever seen). It’s all about coping – healthy and unhealthy coping. Unfortunately, a lot of vets turn to unhealthy coping. You have to replace those memories with positive coping skills. “You can’t punish, punish, punish for addictive behavior. We want to stop that cycle.”

Judge McCune says the NJC’s innovative Leadership and Management Skills and The Courage to Make a Difference courses encouraged him to push forward with his dream to develop a therapeutic alternative to incarceration. The instructors taught him the difference between leading and managing and also improved his management skills. “I was not one who had gone to business school before I went to law school,” he says. “I didn’t have a lot of background in how things got done.” He first helped launch a Mental Health Court in Marion County in 2009. Then he turned to veterans’ issues. “We mapped how vets flowed through our criminal justice system. Then we started studying how we could do better,” McCune says. In 2016, he was appointed to the Florida Supreme Court’s Task Force on Substance Abuse and Mental Health Issues in the Courts. From the start, he resolved to take on the tough cases. “The best way to get good stats (in regard to recidivism) is to take low-need, low-risk cases,” he says. “We want to take high-risk, high-need cases. That’s part of the courage. That’s where you have the potential to make the biggest impact.” McCune says it is a unique challenge to determine what makes a Veterans Treatment Court most successful in helping vets. He says the Florida Supreme Court has acknowledged and supported Veterans Treatment Courts in Florida, and in Marion County “we’ve made considerable progress.” His long-term goal: to work collaboratively with judicial colleagues to establish and apply best practices for dealing with all troubled veterans who come into the state’s criminal justice system.

‘ We want to

take high-risk, high-need cases…. That’s where you have the potential to make the biggest impact. ’

—Judge Jim McCune, Fifth Judicial Circuit, Florida

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Judge Butler participated in Best Practices for Handling Cases with Self-Represented Litigants with scholarship assistance from the Bureau of Justice Assistance, and she attended the Financial Statements in the Courtroom course funded by a grant from the American Institute of Certified Public Accountants.

KEEPING JUSTICE AVAILABLE TO ALL

Thomas Veneklasen

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magine flying overseas and landing in a country where no one speaks your language, yet they expect you to understand and even converse with them. Judge Jane Butler of Arizona’s Pima County Superior Court says that is how people who represent themselves in court without a lawyer can feel in the typical family law courtroom. They come looking for resolution of high-conflict disputes involving child custody, divorce or another issue that has their family in turmoil. And what do they find? Complicated forms, unfamiliar processes and terminology, and, often, no one to explain things to them. This family court judge is determined to change all that. And with instruction from the NJC, she’s getting results. After completing several courses, including Best Practices in Handling Cases Dealing with Self-Represented Litigants, Butler says she better understands the people who appear before her without legal representation and how she can help them while maintaining her neutrality. Dealing with self-represented or pro se litigants is a common and growing experience for judges. Eight out of 10 family cases involve at least one self-represented litigant or SRL, according to a study published in 2014 by the Judicial Council of California Task Force on Self-Represented Litigants. Butler says that statistic is representative of her court as well. The most immediate and daunting challenge for people who try to represent themselves is overcoming the language barrier, she says. “I frequently compare learning the law to learning a foreign language. And if you are plopped down into a

country without knowing the language, it is frightening and frustrating.” Her strategy is to avoid legalese and lower what she calls her “grammatical register” to “about fifth grade.” “I also hand out information on the factors they will need to prove in child custody, parenting time and spousal maintenance disputes. I try to teach them about not using egregious hearsay or testifying rather than cross examining.” It’s working. Pro se litigants rave about her deft handling of their cases. “Judge Butler tries to understand the essence of matters in the family and suggests an alternative that both spouses understand is fair and acceptable,” writes one. “She does not just order but explains what the law says and how it is fair, which is very good to most laypeople.” “It made a difficult and scary situation easy for me,” writes another SRL, who disclosed having suffered from post-traumatic stress disorder. “I was terrified of having to openly talk about the situation on record in a room full of strangers.” The judge says comments like these have made her more patient and understanding. “It would be easy to say that as a judge it is not my job to help SRLs,” she says. “And some judges do that. The law treats SRLs the same as lawyers, but judicial canons allow us to relax those rules that would have impeded access to justice for SRLs.” It only makes sense. When visiting a foreign country, one doesn’t forfeit one’s right to equal justice because one doesn’t speak the language. NJC alumni like Judge Butler are working to make sure that justice doesn’t get lost in translation in this country either.

Eight out of 10 family law cases involve at least one selfrepresented litigant. — Judicial Council of California Task Force on Self-Represented Litigants

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F R I E N D S O F 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

2018 DONORS

The College acknowledges the following alumni, faculty and friends for their generous contributions received during 2018.

CORNERSTONES (>$50,000) American Bar Association State of Nevada

FREEDOM CIRCLE ($25,000-$50,000) Mr. Douglas A. Cannon, Esq. Center for Human Trafficking Court Solutions E. L. Cord Foundation Mr. Randall Ebner ExxonMobil Corporation Robert Z. Hawkins Foundation Ms. Karla A. Nemeth NV Energy Foundation Ms. Marsha Rabiteau, Esq. State of California Department of Water Resources

LIBERTY CIRCLE ($15,000-$24,999) M. R. Bauer Foundation Mr. John L. Holcomb, Esq. International Academy of Trial Lawyers Foundation Law School Admission Council J.F. Maddox Foundation E. L. Wiegand Foundation

JUSTICE CIRCLE ($10,000-$14,999 ) The American Gift Fund Hon. Bobbe J. Bridge (Ret.) Mr. Jonathan Bridge Ms. Melissa H. Brown, Esq. Civil Justice Reform Group

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Mr. A. Clifford Edwards, Esq. Mrs. Caroline Flanagan Robert L. Habush Endowment Kaul Foundation Charles Koch Foundation Lane Powell, PC National Center for State Courts Mrs. Virginia H. Payant Helen Roberti Charitable Trust Shakopee Mdewakanton Sioux Community South Carolina Bar Foundation Ms. Ellen Tenenbaum Texas Bar Foundation United Way of King County Mr. Craig Zimmerman

HONOR CIRCLE ($5,000-$9,999) American Board of Trial Advocates, Dallas Chapter Mr. Edward R. Blumberg, Esq. Mr. Alan R. Brayton, Esq. Ms. Elizabeth J. Cabraser, Esq. Mr. Timothy R. Donovan, Esq. Ms. Augusta S. Dowd, Esq. Ms. Ann Thornton Field, Esq. Mr. Mario J. Gabelli Greenberg Traurig, LLP Mr. Samuel E. Lionel, Esq. Mr. Timothy A. Lukas, Esq. Mr. J. Edward Neugebauer, Esq. Mr. Joseph M. Racicot, Esq. Mrs. Joan Robinson The Clinton H. and Wilma T. Shattuck Charitable Trust Ms. Marianne Short Mr. Roman M. Silberfeld, Esq.

ANNUAL REPORT TO STAKEHOLDERS, 2018

Ms. Mary E. Alexander, Esq. American Board of Trial Advocates, Illinois Chapter Anonymous Baker, Donelson, Bearman Caldwell & Berkowitz, PC Ms. Norma Barnes-Euresti, Esq. Hon. Toni T. Boone (Ret.) Brayton & Purcell, LLP Bryan Cave, LLP Deitzler Foundation, Inc. Mr. Jeffrey M. Goldberg Mr. Rew R. Goodenow, Esq. Prof. Ronald R. Hofer Mr. Kim D. Hogrefe, Esq. Mr. Robert D. Hunter, Esq. Mr. John and Mrs. MaryAdele Krolikowski Mr. Peter J. Neeson, Esq. Parsons Behle & Latimer R.C. Baker Foundation Mrs. Dale K. Raggio James T. Richardson, Ph.D. Mr. Dick A. Semerdjian, Esq. The Mona Lisa and Lee Wallace Foundation, Inc.

American Bar Association Section of Litigation American College of Trial Lawyers (Missouri) Hon. Mary-Margaret Anderson (Ret.) Ms. Marybel Batjer Mr. Peter Bennett, Esq. Ms. Maddy Berry Hon. Michael A. Cherry Hon. Andre M. Davis, Sr. Hon. Sophia H. Hall Hon. David N. Harris, Sr. Ms. Kathleen H. Hatfield The Suzanne Nora Johnson & David G. Johnson Foundation K&L Gates Logan University Minnesota State Bar Foundation Ms. Ann Morgan and Hon. Bruce Beesley Mr. John Morrow National Association for Presiding Judges & Court Executive Officers National Council of Juvenile & Family Court Judges Mr. Carl A. Naumann New York State Magistrates Association Hon. James M. Redwine Hon. James D. Rogers (Ret.) Mr. Philip G. Satre Dr. Anton K. Simson Hon. V. Lee Sinclair, Jr. (Ret.) State Bar of Nevada Thompson Coburn, LLP Thomson Reuters Troutman Sanders, LLP

American Constitution Society American Judges Association American Judges Foundation Ms. Lydia I. Beebe Hon. James G. Blanchard Mr. William J. Brunson, Esq. Ms. Patricia D. Cafferata, Esq. Hon. Joseph E. Cirigliano Mr. Edward Cohen Mrs. Naomi and Mr. Herb Duerr Mr. Daniel and Mrs. Mary Dugan Hon. Susan L. Formaker Mr. Robert Gabrielli Hon. Stephen and Mrs. Judy Gizzi Hon. Karl B. Grube Hon. Leslie A. Hayashi (Ret.) Hyphenus Inc. The Laughton Family Trust Hon. Allene H. Lindstrom Ms. Joy Lyngar, Esq. Dr. Shawn and Mrs. Diane Marsh Hon. J. Matthew Martin Dr. Earl Nielsen Mr. Tom O’Donnell Mr. Robert L. Parks, Esq. Ms. Susan Robinson Hon. Robert E. Rose (Ret.) Ms. Natalie Rosenblatt Mr. Herb Santos, Jr., Esq. Ms. Wendy Schneider Hon. Lynne K. Simons Mr. Walter L. Sutton, Jr.

PLATINUM GAVEL CIRCLE ($1,000–$2,499)

CRYSTAL GAVEL CIRCLE ($500–$999)

GOLDEN GAVEL CIRCLE ($250–$499)

Ms. Kim Sinatra, Esq. Hon. Steve L. Smith Mr. Matt J. Sweeney, Esq. Mr. Mark G. Tratos, Esq. Dennis & Phyllis Washington Foundation William S. Boyd School of Law Mr. Jason Wilson, Esq.

DIAMOND GAVEL CIRCLE ($2,500– $4,999)

Hon. Benes Z. Aldana (Ret.) and Mrs. Rowena Sevilla-Aldana

Mr. Chester H. and Mrs. Emily G. Adams

Anonymous Hon. Patrick B. Augustine

Mr. Earl and Mrs. Lisa J. Barnes Mr. Wade Beavers The Guido A. and Elizabeth H. Binda Foundation Hon. Archie E. Blake Mr. Kenneth J. Bolen Ms. Tellet Bondoc Mr. Harrison Braxton Hon. Cynthia L. Brewer Hon. Jess B. Clanton, Jr. (Active Ret.) Hon. Toni E. Clarke Hon. Charles R. Cloud Hon. William and Mrs. Cathleen Cobb Hon. Robert S. Cohen Hon. Susan W. Conyers Mr. Ken and Mrs. Kelly Creighton Hon. Randall J. Davis Ms. Zelda M. DeBoyes Hon. Michael J. Devine Dorsey & Whitney LLC Hon. Angela M. Eaves Hon. Peter M. Evans Hon. Jane D. Fishman Hon. Calvin D. Hawkins Mr. Dean R. Heidrich, Esq. Mrs. Susan and Mr. Mark Herron Mr. Richard G. Hill, Esq. Mr. Matthew Hippler Hon. Philip S. Hollman Hon. Mary K. Huffman Hon. John A. Hutchison Hon. Eileen A. Kato (Ret.) Hon. Steven and Mrs. Gail Kosach Hon. Phyllis W. Kotey Hon. Thomas J. Lanphear The Lucier Family Trust Hon. Robert E. McBeth (Ret.)


Hon. Melvin M. Menegat Mr. John F. Muffler Hon. Lewis M. Nixon Mr. S. V. Novacek Hon. Steven D. Olmstead Col. Tara A. Osborn (Ret.) Hon. Earl G. Penrod Mr. James and Mrs. Gail Pfrommer Mrs. Elizabeth Renold Hon. Charles A. Shaw Hon. Olin W. Shinholser Ms. Suzanne E. Spaulding Hon. Connie J. Steinheimer Hon. Philip S. Straniere Hon. Andrea Marceca Strong Mr. John A. Tarantino Ms. Maria N. Tirona University of Nevada, Reno Judicial Studies Graduate Degree Program University of Nevada, Reno School of Social Research and Justice Studies Hon. George D. Varoutsos Hon. Douglas G. White Hon. Carolyn I. Wright Ms. Nancy N. Yeend

SILVER GAVEL CIRCLE ($125–$249) AmazonSmile Hon. David A. Anderson Hon. Neil E. Axel Hon. Joe E. Basenberg Hon. G. Paul Bollwerk III Hon. Janet R. Burnside Ms. Jena Cohen Hon. J. Foster Cotthoff Ms. Sandra L. DeGaine Mr. and Mrs. Jerome L. Duffy Mrs. Tiffany S. and Mr. John W. East Hon. Allison H. Eid

Hon. Charles Ervin Hon. Teri L. Feasel Hon. Kyle B. Fields Hon. Rebecca Freyre Hon. Jennifer Gee (Ret.) Hon. Todd George Hon. David M. Gersten Mr. Timothy and Mrs. Nancy Gilbert Mr. Michael Gless Hon. Stephen S. Goss Mr. Neil Grad Hon. Charles R. Greenacre Mr. Patrick Grimes Mr. Jack Sullivan Grellman, Esq. Hon. Kristi L. Harrington (Ret.) Ms. Robin E. Hudson Dr. Randy and Mrs. Patricia Idler Hon. Gilbert V. Indeglia Hon. Paul D. Julien Ms. C. L. Kemper Mr. Craig A. King Hon. John H. Larsen Hon. Robert C. Lovell Mrs. Suzanne Maguire Ms. Carol M. Marin Ms. Melanie S. Matsui Ms. Mary B. Mattingly Hon. Lisa A. Mayne Hon. Howard D. McKibben Hon. Bruce E. Moore Ms. Colleen Morgan Hon. Samuel D. Natal Mrs. Shelley and Mr. Jeremy Nork Hon. Steven J. Oeth Hon. George A. Pagano Mr. Kenneth W. Pfeil Hon. Carole M. Pope Ms. Teresa P. Rankin Mr. Bernard J. Reverdin

Mr. Gareth W. Rosenau Mr. Joseph R. Sawyer Hon. John and Mrs. Lyndi Schroeder Hon. Michael A. Silverstein Hon. Brock Smith Hon. Gloria Sturman Hon. David R. Sweat Hon. Cindy G. Thyer Hon. John W. Thorson Hon. Tracie A. Todd Hon. Robert J. Torres Hon. Lynette Wenner Mr. Reg Willison Ms. Sandra O. Wilson Mr. Kevin B. Wilson, Esq. Hon. Steven A. Wise Hon. G. M. Witte

BRONZE GAVEL CIRCLE (<$125) Ms. Charisse Abbie Hon. Brent and Mrs. Elise Adams Mrs. Kelley Bradshaw Adams Mrs. Susan Alesevich Mr. Peter Allen Hon. Nancy Allf Ms. Pamela A. Anderson Anonymous Mr. Greg Applebaugh Hon. Wesley Ayres Ms. Bonnie J. Balstad Hon. Anthony J. Baratta Ms. Stella Bean Ms. Roberta L. Bennett Hon. Margarita S. Bernal (Ret.) Hon. Carter O. Bise Dr. Dan W. Bolton, III, D.O., J.D., LLM Hon. David I. Brochstein Ms. Sarah Booher and Mr. Lucas Molleck

Mrs. Patrica and Mr. A. C. Boorman Hon. Robert S. Boyd Ms. Christine L. Brady Mr. Jose M. Brito Hon. David I. Brochstein Hon. Karla Y. BroussardBoyd Hon. Walter J. Brudzinski Hon. Ann M. Butchart Ms. Charlene T. Bybee Ms. Karen Calmeise Hon. John P. Capuzzi Hon. Suzette Carlisle Hon. Thomas E. Cheffins Hon. Robert L. Childers Ms. Luci-Ellen Chun Hon. Thomas C. Clark II Hon. David W. and Mrs. Ronda Clifton Hon. Frederick C. Cohen Hon. William S. Colwell Hon. Valerie P. Cooke and Mr. James M. Felton Rev. Robert O. Cooper and Mrs. Shirley Cooper Ms. Blair Craddock Hon. Daniel J. Crothers Hon. Ann C. Crowell Ms. Harriet E. Cummings Mr. Kevin Curtin Ms. Janet B. Cusick Ms. Sarah Dahl Hon. E. Duane Daugherty Ms. Sue DeFuentes Ms. Janet De Jesus-Ginete Hon. Samuel G. DeSimone (Ret.) Hon. W. Scott Donaldson Hon. Frederick Dorsey Ms. Chrystn Eads Ms. Kathryn L. Eckert Mrs. Diane Edwards Hon. Andrew Effron

Ms. Sheena Britschgi-Evans Mr. R.L. and Mrs. Phylliss Fagg Mr. Elliot Feldman Hon. Donna M. Fields Ms. Susanne L. Fisher Ms. Cathy J. Foote Mr. John P. and Mrs. Theresa L. Fowler Hon. Bruce Fox Mr. Lawson A. and Mrs. Betsy C. Fox Ms. Caitlin French Ms. Zoe Friedland Ms. Allison Friedman Hon. Greta Friedman Hon. Nancy A. Fuerst Hon. John E. Galt Ms. Katheryn Gardiner Mr. Jonathan and Mrs. Keely Gardner Ms. Wendy Garrison Mr. John and Mrs. Cindy Gerken Mr. Ted Gest Ms. Elizabeth Litton Gibson Hon. Charles R. Gill Gill Construction, Inc. Hon. Richard A. Ginkowski Mr. Ron Go Ms. Caroline Goggin Hon. Douglas W. Golden Mr. Dennis A. Gorman Hon. Kenneth L. Govendo Ms. Phyllis Greenberger Hon. Dixie Grossman Mr. Anthony Guardia Ms. Joan Gucciardi Hon. Margaret Guzman Mr. Michael and Mrs. Laurie Haley Hon. David Hammer Mr. William and Mrs. Joan Handling Hon. Glenn S. Hara

Hon. Martha B. Harrison Ms. Annalie and Mr. Robbie Harvey Hon. Leigh F. Hayes Hon. Mark J. Hayes Hon. Joe L. Hegel Hon. Tracy L. Henry Ms. Jeanne Hill Mr. Benjamin Holden, Esq. Ms. Marcella Holland Ms. Peggy B. Hoogs Hon. Peggy Hora (Ret.) Howard Family Trust Hon. Juan Hoyos Ms. Donna Huelgas G. T. & M. A. Hules Family Trust Mr. Ronald Jansen, Esq. Mr. Mike Jeffrey Hon. Edward R. Johnson Hon. Howard A. Kalfus Hon. Franklin M. Kang Hon. Ken M. Kawaichi (Ret.) Hon. William G. Kelly Hon. David M. Kenworthy (Ret.) Hon. David A. Kimberley Steven J. Klearman & Associates Mr. and Mrs. Joel and Stephanie Koetting Hon. Jack Komar Ms. Karen Korematsu Ms. Rosalind M. Kramer Mr. Robert Krolikowski Mr. Dale and Mrs. B. Lee Lazzarone Ms. Annmarie Levins Mr. Ricardo-Rosevick Leynes The Livingston Family Mr. Marc Loro Hon. Jess Lorona Hon. Patricia Lynch Mr. Julian Mann, III

THE NATIONAL JUDICIAL COLLEGE

15


F R I E N D S O F 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

Ms. Ditas Magno McGee The Martin Family Trust Ms. Judy Perry Martinez Mrs. Phyllis J. Mattingly Mr. Joseph and Mrs. Ann McCarthy Ms. Wendy McCormack Mr. Michael B. McDonald Hon. Jaclanel M. McFarland Hon. Leslie A. Meek Ms. Robin M. Mercer Hon. Hannes Meyers, Jr. (Ret.) Ms. Donna Miller Nielsen Hon. Gregory E. Mize Hon. Wes Mobley Mr. Carl Monroe Hon. William F. Morgan Ms. Elizabeth MorganBeesley Hon. Donna Mowrer Mr. Steve and Mrs. Janelle Mulvenon Hon. Gordon C. Murray Mr. Laurence and Mrs. Cecilia Neroda Mr. Frank Neuner, Jr. Mr. William and Mrs. Mary Nolan Hon. Erik Nyce Mr. Edward H. and Mrs. Kathleen M. Oakes Mrs. Kimberley and Mr. Kenneth Oates Hon. Brian M. O’Leary Mr. Dermot O’Neill Mr. Kenneth W. Pfeil Hon. Haskell M. Pitluck (Ret.) Ms. Annette B. Pitts Dr. Frank and Mrs. Marge Quaglieri Mr. Richard and Mrs. J. Sherry Rabus Ms. Emily Randle Prof. Henry R. Reeve

16

Hon. Paul L. Reiber Ms. Barbara A. Reyes Hon. Bridget E. Robb Prof. Robert B. Rocklin Ms. Emily Robinson Hon. Fred B. Rodgers (Ret.) Hon. Kristin Rosi Mr. Andrew and Mrs. Annette Rothman Ms. Cristina Sanchez Hon. Mark T. Sanchez Ms. Aileen Santos Hon. Sukru Say Hon. Edward J. Schoenbaum Hon. Deborah and Mr. Kirk Schumacher Mr. Jamie Schurhamer Ms. Ruby E. Schwerin Mr. Robert and Mrs. Pamela Shriver Ms. Lonnie Shodeen Ms. Ann Silver Hon. Marshall A. Snider Hon. Keith Starrett Alan Stavitsky, Ph.D. Hon. Linda G. Stevens Hon. David Suntag Mr. Kenneth and Mrs. Patrice Swanson Ms. Kelly Tait Ms. Mary Lynn Tate Hon. Louis Thayer Ms. Karen G. Thompson Ms. Michelle Tilton Hon. Theresa C. Timlin Mr. James and Mrs. Deanna Timmons Ms. Carol Touhey Hon. Jonah Triebwasser Mr. Michael Trudell Hon. Michael Tupper Hon. James and Ellen Van Winkle

ANNUAL REPORT TO STAKEHOLDERS, 2018

Mr. Brian Van Denzen, Esq. Mr. Bill and Mrs. Janet Vickers Mr. Nam Vu Mr. Bryan Walker Mr. Steven T. Walther, Esq. Hon. Reggie B. Walton Ms. Stacey Wang Hon. Julia B. Weatherly Hon. William L. Wellons Hon. H. William White, Jr. Hon. Cindy L. Wilson Hon. Jonathan Woodman Ms. Sandra S. Yamate, Esq. Ms. Katheryn Yetter, Esq. Hon. Elliot L. Zide Hon. Thomas A. Zonay

IN HONOR OF In Honor of Hon. Riley Anderson (Ret.) Hon. Robert L. Childers In Honor of Ms. Muriel Bartlett Hon. Karl B. Grube In Honor of Hon. Frank F. Drowota, III (Ret.) Hon. Robert L. Childers In Honor of Ms. Sharon Ehlert Hon. Cynthia L. Brewer In Honor of 2018 Faculty Council Hon. V. Lee Sinclair In Honor of Hon. Patrick Flanagan Ms. Peggy B. Hoogs Ms. Carol M. Marin Ms. Ruby E. Schwerin In Honor of Hon. George Garrett Hon. Robert L. Childers In Honor of Hon. Gary A. Graber

New York State Magistrates Association In Honor of Hon. Karl B. Grube Mr. Ronald and Mrs. Susan Jansen In Honor of Mr. James and Mrs. Rita Henry Hon. Tracy L. Henry In Honor of Hon. Charles R. (Dick) Jerman, Jr. Hon. Robert L. Childers In Honor of Ms. Betty Morgan Hon. Cynthia L. Brewer In Honor of Hon. John Reif Hon. Susan W. Conyers In Honor of Hon V.R. Payant Mr. Jerome L. Duffy Prof. Ronald R. Hofer In Honor of Hon. Linda B. Thomas (Ret.) Hon. Carolyn I. Wright In Honor of Mr. Gordon and Mrs. Elizabeth White Hon. Douglas G. White

IN MEMORY OF In Memory of Hon. Richard C. Beesley Ms. Ann Morgan and Hon. Bruce Beesley In Memory of Hon. Larry Craddock Rev. Robert O. and Mrs. Shirley Cooper Hon. Edward J. Schoenbaum In Memory of Hon. William H. Erickson Prof. Henry R. Reeve In Memory of Hon. Patrick Flanagan Ms. Roberta L. Bennett Hon. Thomas C. Clark Mr. Daniel and Mrs. Mary Dugan

Mr. William and Mrs. Joan Handling Hon. Patricia Lynch Mr. S. V. Novacek Mr. James and Mrs. Gail Pfrommer James T. Richardson, Ph.D. Hon. John and Mrs. Lyndi Schroeder Mr. Robert and Mrs. Pamela Shriver Hon. Lynne and Mr. Mark Simons Hon. Cindy G. Thyer Ms. Sandra O. Wilson In Memory of Hon. Arthur A. Gladstone Mr. Kenneth J. Bolen In Memory of Mrs. Selma Knauss Mrs. Kelley B. Adams In Memory of Hon. Tracy E. (Ted) Page Hon. Jonah L. Triebwasser In Memory of Hon. V. R. Payant Mr. Robert Krolikowski Mr. Kenneth W. Pfeil In Memory of Sen. William J. Raggio Mrs. Dale Raggio In Memory of Mr. William T. (Bill) Robinson Ms. Lydia I. Beebe Mr. Kim D. Hogrefe, Esq. Hon. G. M. Witte In Memory of Mrs. Sylvia Weisberger Hon. Gilbert V. Indeglia

ENDOWMENTS HON. CAMERON BATJER ENDOWMENT Ms. Marybel Batjer

HON. TONI T. BOONE ENDOWMENT Hon. Toni T. Boone (Ret.)

HON. WILLIAM F. DRESSEL ENDOWMENT Hon. Fred B. Rodgers (Ret.)

HON. ADAM FISHER JR. SCHOLARSHIP FUND Ms. Susanne Lanier Fisher

HON. PATRICK FLANAGAN INTERNATIONAL JUDICIAL SCHOLARSHIP ENDOWMENT Hon. Brent and Mrs. Elise Adams Mr. Chester H. and Mrs. Emily G. Adams Hon. Benes Z. Aldana (Ret.) Mrs. Susan Alesevich Hon. Nancy Allf Ms. Pamela A. Anderson Anonymous Mr. Greg Applebaugh Hon. Wesley Ayres Ms. Bonnie J. Balstad Mr. Wade Beavers Ms. Roberta L. Bennett Ms. Sarah Booher and Mr. Lucas Molleck Mrs. Patricia and Mr. A. C. Boorman Ms. Christine L. Brady Ms. Charlene T. Bybee Mr. Jose M. Brito Ms. Patricia D. Cafferata, Esq. Hon. Michael A. Cherry (Ret.) Hon. Thomas C. Clark II Hon. David W. and Mrs. Ronda Clifton


“ I will admit that I was a little anxious about attending school again after 30 years,

but the entire experience was so much fun and educational. It really made an impact on me. It was the best educational experience I’ve had since law school. ”

— Hon. Thomas T. Hodges, South Carolina Family Court, Greenville, a participant in General Jurisdiction. He received a South Carolina Bar Foundation Scholarship.

Hon. William and Mrs. Cathleen Cobb Hon. Valerie P. Cooke and Mr. James M. Felton Mr. Ken and Mrs. Kelly Creighton Hon. Ann C. Crowell Mrs. Naomi and Mr. Herb Duerr Mr. Daniel and Mrs. Mary Dugan Mrs. Tiffany S. and Mr. John W. East Ms. Kathryn L. Eckert Mrs. Diane Edwards Mr. and Mrs. R. L. and Phylliss Fagg Hon. Teri L. Feasel Mrs. Caroline Flanagan Ms. Cathy J. Foote Mr. John P. and Mrs. Theresa L. Fowler Mr. Lawson A. and Mrs. Betsy C. Fox Mr. Jonathan and Mrs. Keely Gardner Mr. John and Mrs. Cindy Gerken Ms. Elizabeth Litton Gibson Mr. Timothy and Mrs. Nancy Gilbert Gill Construction, Inc.

Hon. Stephen and Mrs. Judy Gizzi Mr. Neil Grad Mr. Jack Sullivan Grellman, Esq. Hon. Dixie Grossman Mr. Michael and Mrs. Laurie Haley Mr. William and Mrs. Joan Handling Mr. Dean R. Heidrich, Esq. Mrs. Susan and Mr. Mark Herron Mr. Richard G. Hill, Esq. Mr. Matthew Hippler Ms. Peggy B. Hoogs Howard Family Trust G. T. & M. A. Hules Family Trust Dr. Randy and Mrs. Patricia Idler Ms. C. L. Kemper Mr. Craig A. King Steven J. Klearman & Associates Mr. Joel and Mrs. Stephanie Koetting Hon. Steven and Mrs. Gail Kosach Ms. Rosalind M. Kramer The Laughton Family Trust

Mr. Dale and Mrs. B. Lee Lazzarone The Livingston Family The Lucier Family Trust Mr. Timothy A. Lukas, Esq. Hon. Patricia Lynch Ms. Joy Lyngar, Esq. Mrs. Suzanne Maguire Ms. Carol M. Marin The Martin Family Trust Dr. Shawn and Mrs. Diane Marsh Ms. Mary B. Mattingly Ms. Phyllis J. Mattingly Mr. Joseph and Mrs. Ann McCarthy Mr. Michael B. McDonald Hon. Howard D. McKibben Ms. Donna Miller Nielsen Ms. Robin M. Mercer Ms. Ann Morgan and Hon. Bruce Beesley Mr. John Morrow Mr. Steve and Mrs. Janelle Mulvenon Mr. Laurence and Mrs. Cecilia Neroda Dr. Earl Nielsen Mr. William and Mrs. Mary Nolan

SUPPORT RENEWED FOR ASIAN-PACIFICAMERICAN JUDGES The NJC is proud to continue its partnership with the National Asian Pacific American Bar Association (NAPABA) Law Foundation. For several years, the foundation has provided scholarships to assist Asian-Pacific-American NAPABA-member judges to attend NJC courses. The foundation works to advance access to the legal system for Asian Pacific Americans through fellowships, scholarships, education and community engagement.

Mrs. Shelley and Mr. Jeremy Nork Mr. S. V. Novacek Mr. Edward H. and Mrs. Kathleen M. Oakes Mrs. Kimberley and Mr. Kenneth Oates Mr. Tom O’Donnell Mr. James and Mrs. Gail Pfrommer Hon. Carole M. Pope Dr. Frank and Mrs. Marge Quaglieri Mr. Richard and Mrs. J. Sherry Rabus Mrs. Elizabeth Renold Mr. Bernard J. Reverdin Ms. Barbara A. Reyes James T. Richardson, Ph.D. Hon. Bridget R. Robb Mrs. Susan Robinson Hon. Robert E. Rose (Ret.) Hon. Kristin Rosi Mr. Andrew and Mrs. Annette Rothman Mr. Herb Santos, Jr., Esq. Ms. Wendy Schneider Hon. John and Mrs. Lyndi Schroeder Hon. Deborah and Mr. Kirk Schumacher Ms. Ruby E. Schwerin Mr. Robert and Mrs. Pamela Shriver Hon. Lynne K. Simons Dr. Anton K. Simson Hon. Connie J. Steinheimer Hon. Gloria Sturman Mr. Kenneth and Mrs. Patrice Swanson Ms. Kelly Tait Ms. Karen G. Thompson Mr. James and Mrs. Deanna Timmons Ms. Maria N. Tirona

Mr. Bill and Mrs. Janet Vickers HON. STEVE SMITH Hon. James and Mrs. Ellen Van ENDOWMENT Winkle Hon. Steve L. Smith Mr. Bryan Walker Mr. Reg Willison Ms. Sandra O. Wilson

JUDICIAL STUDIES GRADUATE DEGREE ENDOWMENT Hon. Thomas C. Clark II Dr. Shawn and Mrs. Diane Marsh James T. Richardson, Ph.D.

HON. V. ROBERT PAYANT ENDOWMENT Mr. and Mrs. Jerome L. Duffy Ms. Joan Gucciardi Ms. Jeanne Hill Prof. Ronald R. Hofer Mr. John and Mrs. MaryAdele Krolikowski Mr. Robert Krolikowski Mrs. Virginia H. Payant Mr. Kenneth W. Pfeil Mr. Joseph R. Sawyer

WILLIAM J. RAGGIO ENDOWMENT Mrs. Dale K. Raggio E. L. Wiegand Foundation

WM. T. (BILL) ROBINSON III ENDOWMENT Hon. Benes Z. Aldana (Ret.) American Bar Association Ms. Lydia I. Beebe Mrs. Joan Robinson Hon. G. M. Witte

KIM SINATRA ENDOWMENT Mrs. Kim Sinatra, Esq.

FACULTY WHO VOLUNTEERED Mr. Thomas Alaksa Hon. John C. Allen Hon. Efrain Alvarado Hon. Don R. Ash Hon. Jason E. Ashford Hon. Neil E. Axel Prof. Frankie Y. Bailey Ms. Alicia Bannon Hon. Anthony J. Baratta Mr. Richard S. Barnes Mrs. Kelly K. Bartesch Sgt. Deborah Batista Hon. Curtis J. Bell Hon. Linda Marie Bell Hon. Scott J. Bergstedt Mr. Joseph Bernard Hon. Janet J. Berry Hon. Linda M. Billings-Vela Hon. Patricia A. Blackmon Hon. Toni Boone (Ret.) Mr. Kevin J. Bowling Prof. Todd Brower Hon. Pamila J. Brown Prof. Michelle Bryan Hon. Brian H. Burke Hon. Janet R. Burnside Hon. Louis B. Butler Hon. Roberto Canas Hon. Thomas E. Cheffins Hon. Susan M. Chehardy Hon. Augustus Chin Ms. Jerrilyn Conway Prof. Robin K. Craig Hon. Daniel J. Crothers Hon. Peggy D. Davis

THE NATIONAL JUDICIAL COLLEGE

17


F R I E N D S O F 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

PARTNER ORGANIZATIONS

DRI â&#x20AC;&#x201D; The Voice of the Defense Bar

American Academy of Addiction Psychiatry

Florida Department of Highway Safety and Motor Vehicles, Bureau of Administrative Reviews

American Association for Justice American Bar Association ABA Judicial Division ABA Rule of Law Initiative ABA Section of Litigation ABA Tort Trial and Insurance Practice Section American Board of Trial Advocates American College of Trial Lawyers American Institute of Certified Public Accountants American Judges Association American Probation and Parole Association Arkansas Administrative Office of the Courts Association of Defense Trial Attorneys Blackfeet Nation Bryan Cave Bureau of Indian Affairs Center for Court Innovation Center for Health and Justice at TASC Inc. Center for Human Trafficking Court Solutions Center for Public Policy Studies Center for Sex Offender Management Central Panel Directors Civil Justice Reform Group Conference of Chief Justices Conference of State Court Administrators Civilian Board of Contract Appeals Council of State Governments Dividing the Waters

18

Federal Bar Association Federal Court of Australia

National Association of Drug Court Professionals National Association of Hearing Officials National Association of State Judicial Educators

Foundation for Advancing Alcohol Responsibility

National Association of Women Judges

Fred T. Korematsu Center for Law and Equality

National Bar Association National Center for State Courts

Governors Highway Safety Association

National Congress of American Indians

Illinois Judicial College Indiana Judicial Center Institute for the Advancement of the American Legal System International Academy of Trial Lawyers International Association of Defense Counsel International Society of Barristers Justice Speakers Institute Judicial Studies Graduate Degree Program

National Council of Juvenile and Family Court Judges National Indian Child Welfare Association National Judges Association National Native American Bar Association National Press Club Native Community Development Associates

Justice Management Institute

New York State Unified Court System Judicial Institute

Kansas Supreme Court, Office of Judicial Administration

Northern Nevada International Center

Law School Admission Council Logan University Louisiana Division of Administrative Law Loyola Law School Minnesota Department of Human Services, Appeals and Regulations Division

Pretrial Justice Institute State of Nevada Stetson University College of Law Tennessee Administrative Office of the Courts Tetra Tech DPK Thirty-Seven Wines

Minnesota State Court Administratorâ&#x20AC;&#x2122;s Office, Judicial Education Division

United States Department of Agriculture, National Appeals Board

National American Indian Court Judges Association

University of Nevada, Reno William S. Boyd School of Law

National Asian Pacific American Bar Association Foundation

The Williams Institute at the UCLA School of Law

National Association for Presiding Judges and Court Executive Officers

World Justice Project

National Association of Administrative Law Judiciary

ANNUAL REPORT TO STAKEHOLDERS, 2018

Yakama Nation

Ms. Zelda M. DeBoyes Ms. Kathryn R. Dolan Hon. Stephanie Domitrovich Hon. W. Scott Donaldson Hon. Thomas M. Donnelly Ms. Anna Dormady Hon. George Draper Hon. Judith Draper Hon. Elizabeth H. Drews Hon. Ronald P. Eich Prof. Jules Epstein Hon. Peter M. Evans Mr. James Farley Hon. Edwin L. Felter Hon. Elizabeth D. Figueroa Hon. Jane D. Fishman Mr. Eric Flick Hon. Susan L. Formaker Lt. Tim Fox Prof. Richard M. Frank Hon. Peggy Fulton Hora Dr. Christopher Gallen Hon. Jennifer Gee Mr. Joseph K. Germano Hon. David M. Gersten Hon. James G. Gilbert Hon. W. Michael Gillette Ms. Jennifer Gimbel Hon. Steve L. Gizzi Hon. Elizabeth G. Gonzalez Hon. Ramona A. Gonzalez Hon. Stephen S. Goss Hon. Gary A. Graber Hon. Joseph B. Grantham Hon. Nancy J. Griswold Ms. Maura R. Grossman Hon. Karl B. Grube Hon. David Hamilton Ms. Brenda L. Hans Ms. Helen I. Harberts Hon. Barbara Arnold Harcourt

Hon. Kristi L. Harrington Mr. Paul R. Harrington Hon. David Neil Harris Hon. Robby Hassell Sgt. Travis Herbert Prof. Ronald R. Hofer Hon. Gregory Holiday Hon. Ilona M. Holmes Mr. Kevin Hopkins Hon. Juan G. Hoyos Hon. Jamey H. Hueston Hon. Mary Katherine Huffman Mr. Timothy Hughes Hon. Karen L. Hunt Mr. David Jackson Hon. Sandra C. Jenkins Ms. Tara Jenswold Hon. Carlton D. Jones Hon. Kelvin Jones Hon. Melissa L. Jones Hon. Daniel S. Jurkowitz Hon. Fred Karasov Hon. Eileen A. Kato Hon. William G. Kelly Dr. Kent Kiehl Hon. David A. Kimberley Hon. Mary Jane M. Knisely Prof. Phyllis Williams Kotey Hon. O. John Kuenhold Prof. John M. Lacey Hon. John H. Larsen Hon. Lorraine Lee Mr. Carl D. Liggio Hon. Teresa L. Liston Hon. Jess Lorona Hon. John T. Lu Lt. Col. Stephen Lynch Hon. Katherine K. MacDonald Hon. Joseph J. Maltese Dr. Shawn C. Marsh


I am already utilizing the addicted brain, pharmacology and treatment information … in my case “ decisions and sentencing.... Perhaps most importantly, I feel more confident in my ability to address these issues and more willing to consider sentencing alternatives.

— Hon. Stephanie E. Merritt, 9th Judicial District, General District Court, New Kent County, Virginia, a participant in Drugs in America Today: What Every Judge Needs to Know. She received a John Ben Snow Memorial Trust Scholarship.

Mr. Theodore F. Martens Dr. J. Matthew Martin Mr. Thomas Martin Hon. Robert E. McBeth Mr. Robert W. McCallum Prof. Wayne McCormack Hon. Robert J. McCune Hon. Mark J. McGinnis Hon. Raymond McKoski Mr. Brian E. Melendez Mr. Andrew Mintzer Hon. James B. Mohr Hon. John J. Molaison Hon. Bruce E. Moore Hon. Michael R. Morgan Prof. Rebecca Morgan Mr. Jan W. Morris Mr. John F. Muffler Hon. James C. Nelson Prof. John T. Nockleby Prof. Gregory L. Ogden Hon. Judith A. Olean Hon. Steven D. Olmstead Prof. Leslye E. Orloff Col. Tara A. Osborn Hon. Reba A. Page Hon. T. Edward Page Ms. Kimberly Papillon Hon. Earl G. Penrod Mr. Marc P. Picker Ms. Emily Pitts Hon. David Prince Hon. James M. Redwine Hon. John F. Reif Prof. Harvey Rishikof Hon. Bridget Robb Hon. Gilbert M. Roman Hon. Brenda A. Roper Ms. Deena A. Ryerson Mr. Joseph Sacher Hon. Nancy M. Saitta Ms. Cristina Sanchez

Mr. Jon S. Sarche Ms. Selma B. Sauls Hon. Edwin Scales Hon. Louis H. Schiff Hon. Chad Schmucker Hon. Deborah E. Schumacher Hon. Daniel B. Shanes Prof. Stephen M. Simon Hon. V. Lee Sinclair Ms. Cindi-Elaine Smith Hon. Gregory D. Smith Hon. Steve Smith Dr. Lisa Smyth-Roam Hon. Stephen E. Snyder Mr. Gary Spackman Ms. Suzanne Spaulding Mr. Roy L. Stralla Hon. Philip S. Straniere Hon. Joshua Sundt Hon. David T. Suntag Ms. Kimberly M. Surratt Hon. David K. Thomson Hon. E. Alan Tiras Hon. Tracie A. Todd Hon. Allan A. Toubman Hon. Ramona F. Tsosie Prof. Brad Udall Dr. Todd H. Votteler Hon. Edward T. Wahl Hon. Lori M. Walkley Hon. Stanley J. Wallach Hon. Reggie B. Walton Hon. Brian O. Watkins Mr. Stephen Wermiel Hon. Vincent R. White Mr. Matthew Wiener Hon. Steven A. Wise Hon. Allison L. Wood Hon. Lisa Woodruff-White Hon. Danny R. Woods Hon. Thomas A. Zonay

GRANT SUPPORT In 2018, The National Judicial College held cooperative agreements with the U.S. Department of Justice, Bureau of Justice Assistance. The NJC serves as a sub-recipient on U.S. Department of Justice cooperative agreements with the University of North Dakota School of Law Tribal Judicial Institute, the Council of State Governments, and the American Probation and Parole Association. The NJC also serves as a sub-recipient on a U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration cooperative agreement awarded to the American Academy of Addiction Psychiatry. This is an important collaboration between medical professionals and the legal system on the topic of opioids. The NJC partnered with the U.S. Department of Transportation’s National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration’s Commercial Driver’s License program to provide traffic safety education to judges. The NJC also receives grants from the State Justice Institute, a nonprofit organization established by federal law in 1984 to award grants to improve the quality of justice in state courts, and to foster innovative, efficient solutions to common issues faced by all courts.

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F R I E N D S O F 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

Ms. Patricia Rocha, Esq. Hon. James D. Rogers (Ret.) Mr. Tom C. Rodgers, Esq. Robert Saunooke, Esq. Mr. Dick A. Semerdjian, Esq. Mr. Roman M. Silberfeld. Esq. Mr. Dave Stewart, Esq. Mr. Jason Wilson, Esq.

FACULTY COUNCIL

President Aldana (seated left) with NJC Trustees and Visitors at the Consequences for American Democracy symposium in Washington, D.C. (pp 4-7)

BOARD OF TRUSTEES Ms. Sandra S. Yamate, Esq., Chair Mr. Peter Bennett, Esq., Chair Elect Mr. Alan R. Brayton, Esq., Treasurer Hon. Christopher Whitten, Secretary Mr. Kim Dean Hogrefe, Esq., Immediate Past Chair Hon. Mary-Margaret Anderson (Ret.)

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Ms. Norma Barnes-Euresti, Esq. Hon. Margarita Bernal (Ret.) Mr. Edward R. Blumberg, Esq. Mr. Richard H. Bryan, Esq. Mr. Douglas A. Cannon, Esq. Hon. Toni E. Clarke Ms. Ann Thornton Field, Esq. Hon. Leslie A. Hayashi (Ret.) Mr. Robert “Rob” Hunter, Esq. Mr. Peter J. Neeson, Esq. Mr. Robert L. “Bob” Parks, Esq.

ANNUAL REPORT TO STAKEHOLDERS, 2018

Ms. Marianne Short Mr. Walter L. Sutton, Jr., Esq. Mr. Matt Sweeney, Esq. Ms. Angelina Tsu

BOARD OF VISITORS

A. Clifford Edwards, Esq., Co-Chair John L. Holcomb, Esq., Co-Chair Hon. Bobbe Bridge (Ret.) Mr. Jon Bridge, Esq.

Ms. Melissa H. Brown, Esq. Ms. Elizabeth J. Cabraser, Esq. Mr. Timothy R. Donovan, Esq. Ms. Augusta S. Dowd, Esq. Mr. Randall Ebner Mr. Rew Goodenow, Esq. Hon. Sophia H. Hall Mr. Carl Liggio, Esq. Mr. J. Edward Neugebauer, Esq. Ms. Marsha Rabiteau, Esq. Mr. Joseph M. Racicot, Esq.

Hon. V. Lee Sinclair, Jr. (Ret.), Chair Hon. Robert E. McBeth (Ret.), Chair Elect Hon. Toni T. Boone (Ret.), Immediate Past Chair Hon. Jennifer Gee (Ret.), Secretary Hon. Efrain Alvarado Hon. Jess B. Clanton (Active-Ret.) Hon. Ilona M. Holmes Hon. Kristi L. Harrington (Ret.) Hon. Vincent L. Knight Hon. Daniel P. Ryan (Ret.)

TRIBAL ADVISORY BOARD Hon. Lisa Atkinson, Esq. Hon. Charles Cloud (Ret.) Hon. Ingrid Cumberlidge Ms. Lisa Dickinson, Esq. Professor Matthew Fletcher, Esq. Hon. Vincent Knight (Ret.) Ms. Colleen Lamarre, Esq. Mr. Gary LaRance, Esq. Vice Chancellor Stacy Leeds

Mr. Mike McBride III, Esq. Ms. Sandra McCandless, Esq. Mr. David Raasch (Ret.) Ms. Fawn Sharp Ms. Hilary Tompkins, Esq. Mr. Ron Whitener, Esq. Professor Robert Williams, Jr. Hon. Robert Yazzie (Ret.) Mr. Charles Zeh, Esq.

JOINT COMMITTEE Joint Committee of Law Firm Partners and Corporate Counsel Carl Liggio, Co-Chair, Esq. Roman Silberfeld, Co-Chair, Esq. Ms. Cyndie Chang, Esq. Mr. Mark Clouatre, Esq. Mr. John Cruden, Esq. Mr. Pankit Doshi, Esq. Mr. Daniel Gourash, Esq. Mr. Robert “Buzz” Hines, Esq. Ms. Kay Hodge, Esq. Ms. Helen Kim, Esq. Mr. John McKay, Esq. Ms. Jennifer Parent, Esq. Mr. William Shaw, Esq. Mr. Vince Verde, Esq. Mr. Richard Williamson, Esq. Mr. Alan Bryan, Esq. Ms. Angeline Chen, Esq. Ms. Kelly-Ann Fayette Clark, Esq. Ms. Courtney Camp Enloe, Esq. Ms. Donna Haddad, Esq. Mr. Scott Hayden, Esq. Ms. Jennifer Hilsabeck, Esq. Mr. Joe Lee, Esq. Ms. Odette Polintan, Esq. Ms. Jody Porter, Esq.


NEW TRUSTEES The College welcomed three new trustees in 2018: Marianne Short, chief legal officer of UnitedHealth Group, the largest single health carrier in the United States; Angelina Tsu, community affairs administrator for Zions Bank of Salt Lake City, Utah, one of the 50 largest U.S. banks; Hon. Margarita Bernal (Ret.), the first Latina ever to serve on the municipal court bench in Tucson, Arizona.

FIRST EMERITUS TRUSTEES The Board of Trustees created the position of Emeritus Trustee in 2018 and honored six former board members with the designation: Marybel Batjer, first secretary of the California Government Operations Agency (CalGovOps) and former chief policy adviser to Gov. Arnold Schwarzenegger;

Hon. Janet Berry (Ret.), the first Nevadan to serve as chair of the board and an NJC faculty member who has taught in more than two dozen courses; Hon. Sophia H. Hall, who in 1992 became the first woman to serve as presiding judge of any division or district of the Circuit Court of Cook County, Illinois; William H. Neukom, founder of the World Justice Project and owner of the San Francisco Giants major league baseball team from 2008-2011; Philip G. Satre, non-executive chairman of the board of Wynn Resorts, former chairman of Nordstrom Inc. and former chairman and CEO of Harrahâ&#x20AC;&#x2122;s Entertainment, Inc. and International Game Technology; Mark G. Tratos, founding shareholder of Greenburg Traurig LLPâ&#x20AC;&#x2122;s Las Vegas law office, and legal representative for world-famous artists such as Ozzy Osbourne and David Copperfield and boxing world champion Floyd Mayweather Jr.

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The College enjoyed a conversation and reception with Justice Sonia Sotomayor at the Supreme Court as part of three major events in Washington, D.C., in December. Details on page 4.

MAKING THE WORLD A MORE JUST PLACE

EDUCATION | INNOVATION | ADVANCING JUSTICE BY EDUCATING AND INSPIRING ITS JUDICIARY | INNOVATION | ADVANCING EDUCATION JUSTICE Judicial College Building, MS 358 | Reno, Nevada 89557 Judicial College Building, MS 358 | Reno, Nevada 89557

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