Institute of Judicial Administration (IJA) Newsletter Fall 2016

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t h e n e w s l e t t e r o f t h e i n s t i t u t e o f j u d i c i a l a d m i n i s t r at i o n at t h e n y u s c h o o l o f l aw

In This Issue


Voter Registration 1964: Incident in Hattiesburg, Mississippi


Abner J. Mikva Remembered


IJA’s 58th Annual New Appellate Judges Seminar


Beyond Elite Law:

Access to Civil Justice in America


n April 28-29, 2016, IJA, in partnership with NYU Law’s Center on Civil

Justice, hosted Beyond Elite Law:

Access to Civil Justice in America, a

widely attended and well-received conference on how to address the legal needs of all Americans, including those of lower or median income who as a practical matter lack access to legal services.

Spotlight on IJA Summer Fellows 2016

Leading judges, researchers, and activists dis-


ciation resources, affordable solo and small firm

IJA Board News


Support IJA!

fa l l 2 0 16

cussed the role of pro bono programs, bar assopractice models, public service internships, law

From left: Professors Samuel Estreicher, NYU Law; Joy Radice, University of Tennessee College of Law; and Randy Hertz, NYU Law

student and non-lawyer representation, and the use of technology in addressing this gap. Hon. Jonathan Lippman ’68 (Latham & Watkins; former chief judge, New York Court of Appeals) and Texas Supreme Court Chief Justice Nathan Hecht began the program with an overview of the problem. One panel presented case studies of the limitations of proceeding pro se in immigration, employment discrimination, and bankruptcy areas, while other panels analyzed alternatives to the courts. Another, moderated by the Hon. John Koeltl of the US District Court for the Southern District of New York, explored

From left: Elizabeta Markuci (Volunteers of Legal Service), Hon. John Koeltl (US District Court for the Southern District of New York), Lynn Kelly ’82 (City Bar Justice Center), John Kiernan (Debevoise & Plimpton; president, Association of the Bar of the City of New York), Karena Rahall (Court Square Law Project)

ways to expand pro bono legal services. The conference coincided with the publication

Law Professor Joy Radice. To order the book at a

of a book of the same name, edited by NYU Law

20% discount, visit and enter

Professor and IJA Faculty Co-Director Samuel

discount code beyondelitelaw at checkout.

©nyu photo bureau: gallo

Estreicher and University of Tennessee College of

Save the Date! Check our website for updates: judicial

March 8-10, 2017 (Wednesday-Friday)

IJA-NYU’s Center for Labor & Employment Law’s 20th Annual Program on Employment Law for Federal Judges

March 23, 2017 (Thursday)

IJA’s 23rd Annual Brennan Lecture on State Courts and Social Justice, featuring the Hon. Goodwin Liu, California Supreme Court

Continued on page 2.

July 16-21, 2017 (Sunday-Friday)

IJA’s 59th Annual New Appellate Judges Seminar

Continued from cover.

• transactions like wills and guardianship, closings on

Editor’s Preface*

a small business, purchasing a medallion to drive

Samuel Estreicher and Joy Radice

a taxicab, transferring property, or arranging child

We are justly proud of the American legal system and

custody between spouses seeking a divorce;

the lawyers and judges who make it work. Our system, to the envy of much of the world, takes law seriously,

• consumer claims for a defective washer-dryer or automobile not living up to warranty;

aspires to reduce the gap between the law on the books

• individuals seeking bankruptcy protection or reversal

and the law as lived, and strives to subject all within its

of an initial agencydecision to deny unemployment

remit to the rule of law. And yet, it remains, at its core,

compensation or social security disability benefits;

a system of elite law largely for the elite.

• veterans seeking mental health or other medical assis-

We are all engaged in elite law, whether as lawyers or

tance from the daunting Veterans Administration; or

academics. Each year, the law schools produce eager,

• immigrants seeking asylum or lawful residence status

bright graduates ready to provide legal services to a

to escape the risk of deportation.

thin layer of the population—either by

We know, anecdotally, that Americans

working for the major law firms that serve

of median or lower income generally do

corporate America or for NGOs that prac-

without legal representation in these types

tice law with an “impact” on important

of situations or seek help from a sector of

social issues. Some fortunate graduates

the legal profession that, because of the

find such work; others work for overbur-

sheer volume of claims, inadequate train-

dened legal services or public defender

ing, and perhaps other causes, is a defi-

officers, or hang a shingle, or practice

cient source of representation and advice.

in small firms although they are usually

This book, we hope, will encourage

poorly prepared for the clientele they will

the development of more systematic

encounter. Still many others drop out of

information to assist policymakers. We

the legal system entirely—perhaps their legal education will prepare them for a political or business career, or will not

also know that most calls for reform in Beyond Elite Law: Access to Civil Justice in America

be relevant at all.

services programs—when decades of bud-

We hope in this book to spark a conversation that

get cuts have resulted in a system that falls far short of meeting the basic legal needs of those considerably

legal resources with the people who need representation

below the official poverty line. Although we support the

or simply assistance in navigating bureaucracies but are

“civil Gideon” movement, changes that require signifi-

not wealthy enough to access our “Cadillac” legal system

cant further public funding are not politically feasible

and not poor enough to qualify for the limited supply of

for the foreseeable future.

There is a vital debate in the literature, which we

The question for this book, and the central question for realistic policy improvements in this area, is whether,

explore, as to whether there is indeed a gap between

at the current level of resources (both public and pri-

the demand for legal services and the available supply

vate), we can do a better job of meeting the legal needs

of providers of such services. Survey instruments do not

of Americans of median or lower income.

always faithfully capture underlying facts. Even if people

IJA Report / Fall 2016

increased public funding for civil legal

helps move us beyond elite law, to better align existing

publicly supported legal aid.


this area seek an unrealistic solution:

Some improvements involve a change in lawyer cul-

“lump” their problems together in an undifferentiated

ture and acculturation encouraging lawyers, young and

bundle of hopes and anxieties and do not always see

old, to see service to non-elite populations as part of their

those problems as requiring legal services, one must

professional identity. Law schools have a role to play in

ask whether able lawyers are in fact available for people

terms of the values they transmit and the skills they impart.

making, say, under $50,000 a year for:

Law firms are key players as well, and they must consider

• nonfatal claims of medical malpractice;

refashioning pro bono programs that will provide needed

• employment disputes not amenable to class action treatment; • housing disputes involving landlord failure to make timely repairs;

training while being better directed to the goal of service to everyday Americans. Bar associations and courts must also advance service as a condition of membership in the bar. Not all legal problems will in any foreseeable world

attract able lawyers. System redesign is needed to help people better represent themselves in court proceedings or prepare necessary documents for transactions. The Internet offers vital new avenues for effective self-representation, if coupled with proper professional advice. Intermediary institutions, like labor unions, worker centers, and ombudspersons, can also play a critical role supplementing representation and self-representation. Bar groups should not be able to inhibit the development of such alternatives through enforcement of vague rules against the unauthorized practice of law. Forums other than traditional courts can help reduce

Professor Benjamin Barton (University of Tennessee College of Law)

the cost and formality of dispute resolution, enabling individuals to represent themselves or obtain limitedpurpose representation from lawyers. Law schools, too, need to embrace their role in developing a culture of service. They need to wake up to the reality that most of their graduates will not end up in the elite law firms, even assuming they can find a job requiring legal training at all. What the schools can do is train students to acquire the core competencies of a lawyer so that when they begin practice their skills are better matched to the needs of their likely clientele. They can also make sure they have internalized standards of professional service and understand the underlying economics of practice so that they can provide qual-

Hon. Jonathan Lippman (Latham & Watkins), Hon. Wallace B. Jefferson (Alexander Dubose Jefferson & Townsend), Hon. Nathan L. Hecht (Texas Supreme Court) and Hon. Sharon Lee (Tennessee Supreme Court)

ity representation and advice in a high-volume setting. Such a development, in itself, would make an enormous contribution to access to civil justice in America. This book is the product of leaders in the field who have contributed chapters that address each of these issues. They are outstanding judges, lawyers, and academics who care about the problem of access to justice and are actively working on making the system work better. We are proud to be associated with them in this endeavor. During the work on this book, our good friend and mentor, Ted Eisenberg of Cornell Law School, died. His chapter on improving the database on claiming and dispute-resolution activity reflects his contributions as

Professors Rafael Pardo (Emory University School of Law), Alina Das and Samuel Estreicher (NYU Law), and Laura Beth Nielsen (Northwestern University)

a leading voice for empirical study of the legal system and for tackling head-on the problem of access. This book is dedicated to his memory.

Access to Civil Justice in America (Cambridge University Press 2016).

*Reprinted with permission from Beyond Elite Law:


Voter Registration 1964:

Incident in Hattiesburg, Mississippi


ith a historic presidential election looming, discrimination challenges to state voting rights laws are working their way through US courts. In July 2016 a federal

appeals court struck down certain North Carolina vot-

Incident in Hattiesburg* May 18, 1964 By Howard Zinn

ing provisions as discriminatory, and shortly thereafter

there was one moment of sick humor when the

Governor Pat McCrory announced plans to appeal to the

four of us in the FBI office in Hattiesburg, Miss., met the

US Supreme Court. Also in July, the US Court of Appeals

interrogating agent who had come in to get the facts from

for the Fifth Circuit in Veasey v. Abbott held that Texas’s

Oscar Chase about his beating the night before in the Hat-

voter ID law was discriminatory and remanded to the

tiesburg city jail. John Pratt, attorney with the National

district court to design a remedy. With the legal land-

Council of Churches, tall, blond, slender, was impeccably

scape in flux, will states be able to educate poll workers

dressed in a dark suit with faint stripes. Robert Lunney, of

and voters, and implement and enforce voter rights in

the Lawyer’s Committee on Civil Rights, dark-haired and

time for the election?

clean-cut, was attired as befits an attorney with a leading

Against this backdrop, IJA Report looks back through

Wall Street firm. I did not quite match their standards

the personal lens of NYU Law professor and IJA Co-

because I had left without my coat and tie after hearing

Faculty Director Oscar Chase at the enforcement of vot-

of Chase’s desperate phone call to SNCC headquarters

ing rights in an earlier politically and racially charged

to get him out of jail, and my pants had lost their press

time. Hattiesburg, Mississippi, was the site of a major

from standing in the rain in front of the county court-

protest in 1964 during a voter drive known as Freedom

house all the day before; but I was clean-shaven and tidy.

Day. Organized by the Student Non-Violent Coordinating

Chase, a Yale Law School graduate working with SNCC

Committee (SNCC), the demonstration brought lawyers,

in Mississippi, sat in a corner, looking exactly as he had

academics, journalists, and religious leaders from all

a few hours before when I saw him come down the cor-

over the country. Although few African Americans actu-

ridor from his cell: his boots were muddy, his corduroy

ally registered, due to administrative delay tactics and

pants badly worn, his blue work shirt splattered with

threats of violence and arrests, Freedom Day is generally

blood, and under it his T-shirt, very bloody. The right

considered a success because there was no violence and

side of his face was swollen, and his nose looked as if it

it incrementally moved black voting rights forward. The

were broken. Blood was caked over his eye.

following excerpt from a SNCC flier, reprinting an article from The Nation, May 18, 1964, relays the story of a young

The FBI agent closed the door from his inner office behind him, surveyed the four of us with a quick profes-

Oscar Chase, then a recent Yale Law School graduate who

sional eye, and then said soberly: “Who was it got the

was teaching at Tougaloo College nearJackson, Missis-


sippi, and working with SNCC to advance voting rights.

I mention this not to poke fun at the FBI, which

Chase was arrested for attempting to buy a Greyhound

deserves to be treated with the utmost seriousness. After

bus ticket at the “colored” desk of the depot. He was

all, the FBI is not responsible–except in the sense that the

brutally beaten in a jail cell by a fanatic segregation-

entire national government is responsible, by default–for

ist. Chase recently revisited Hattiesburg and shares his

prison brutality and police sadism. It is just one of the

observations in a postscript after the excerpt.

coldly turning wheels of a federal mechanism into which

IJA Report / Fall 2016

is geared the frightening power of local policemen over


*Reprinted with permission from The Nation.

any person in their hands. Chase had been jailed the day before–Freedom Day in Hattiesburg–when a vote drive by SNCC had brought more than 100 Negroes to the county courthouse to register. On Freedom Day, also, fifty ministers came down

The other person arrested that day was Oscar Chase, on the charge of “leaving the scene of an accident.” Earlier in the day, while driving one of the ministers’ cars to bring Negro registrants to the courthouse, he had bumped a truck slightly, doing no damage. But two policemen took note, and in the afternoon of Freedom Day a police car came by and took Chase off to jail. So Freedom Day passed as a kind of quiet victory, and everyone was commenting on how well things had gone–no one being aware, of course, that about 8 that evening, in his cell downtown, Oscar Chase was being beaten bloody and unconscious by a fellow prisoner while the police looked on. No one knew until early the next morning, when Chase phoned SNCC headquarters. I was talking with a young Negro SNCC worker from Greenwood, Miss., in a Negro cafe down the street, when the call came in. We joined the two ministers, one white and one Negro, who were going down with the bond money. The police dogs in their kennels were growling and barking as we entered the jail house. Bond money was turned over, and in a few minutes Chase came down the corridor, unescorted, not a soul around. A few moments before, the corridor had been full of policemen; it seemed now as if no one wanted to be around to look at him. After Chase said he didn’t need from the North to walk the picket line in front of the

immediate medical attention, we called for the police

county courthouse, prepared to be arrested.

chief. “We want you to look at this man, as he comes out

It was a day of surprises, because picketing went on all

of your jail, chief.” The chief looked surprised, even con-

day in the rain with no mass arrests, though the picketers

cerned. He turned to Chase: “Tell them, tell them, didn’t

were guarded the whole time by a hostile line of quickly

I take that fellow out of your

assembled police, deputies, and local firemen. These arrived on the scene in military formation, accompanied by loud-speakers droning orders for everyone to clear out of the area or be arrested. Perhaps there were no mass arrests because SNCC had been tirelessly putting people into the streets, until police got weary of trundling them off to jail; perhaps newly elected Mississippi Governor Paul Johnson wanted to play the race issue cautiously (as his inaugural speech suggested); or perhaps the presence of ministers, TV cameras, and newspaper men inhibited the local law men. At any rate, only two persons were arrested on Free-

He pushed a cigarette near Chase’s face and said he would burn his eyes out. Chase called for the jailer, and asked to be removed from the cell. The jailer made no move to do so.

cell when he was threatening you?” Chase nodded. The chief had removed one of the three prisoners in the cell early in the evening, when Oscar complained that he was being threatened. But shortly afterward the guards put in another prisoner, of even uglier disposition. He was not as drunk as the man who’d been taken out, but he was in a state of great excite-

operations in Mississippi, who has, in his two years or so

ment. He offered first to lick any man in the cell. Chase

in the state, been beaten, shot at, attacked by police dogs,

said later: “He was very upset about the demonstration–

and repeatedly jailed–a far cry from his days in Harvard

wanted to know why the jail wasn’t ‘full of niggers.’” He

graduate school, though not perhaps, fundamentally,

had been a paratrooper in World War II, and told Chase

from his childhood in Harlem. Moses was arrested for

he “would rather kill a nigger-lover than a Nazi or a Jap.”

failing to move on at a policeman’s order, across the

Continued on page 6.

street from the courthouse.

dom Day. One was Robert Moses, SNCC’s director of


out. Chase called for the jailer, and asked to be removed

Postscript to “Incident in Hattiesburg,” by Professor Oscar Chase, NYU Law

from the cell. The jailer made no move to do so. The ex-

Fifty years after my arrest in Hattiesburg, I was invited

paratrooper asked the jailer if Chase was “one of them

by the Mississippi Center for Justice to return and give

Continued from page 5. The third man in the cell proceeded to tell the former paratrooper that Chase was an integrationist. Now he began a series of threatening moves. He pushed a cigarette near Chase’s face and said he would burn his eyes

nigger-lovers.” The jailer nodded. Continued on page 6.

a talk on my experiences as part of a program on the

Continued from page 5.

history of civil rights. That changes had been made in

What Oscar Chase remembers after that is that the

Mississippi was clear from the time I booked my flight

prisoner said something like, “Now I know why I’m in

from New York: When I searched air trips to Jackson, I

this jail.” Then:

was forwarded to Medgar Evers Airport. I could hardly believe it, because Mr. Evers, a courageous civil rights

The next thing I can remember was lying on the floor, looking up.

leader in Jackson who had been vilified by the then white leadership, was assassinated in 1963 by a segregationist. To find that the state’s major airport had been named

I could see the jailer and some other policemen looking at me and grinning. I could also see

When I arrived in Hattiesburg, I learned that at the

the other prisoner standing over me, kicking me.

invitation of the current chief judge, the program would

I began to get up, was knocked down again, and

be held in the local courthouse, the very place in which

then heard the door of the cell open. The cops

I had been arraigned 50 years earlier. At that time seg-

pulled me out and brought me into another cell, where I remained by myself for the rest of the night.… I was still bleeding, a couple of hours after the incident.… Watching from the door of my new cell, I saw the trusty put a pack of cigarettes and some matches under the door of my attacker’s cell. Later I heard police come in and let him out. I could hear them laughing.… The FBI dutifully took photographs of Oscar Chase and long, detailed statements. Those experienced in the civil rights activities of the past few years will be astonished if anything comes of that. The beating of Oscar Chase was not extraordinary. In fact, it was a rather mild example of what has been hap-

regation in the courtroom was the norm, enforced by the then presiding judge. This time the chief judge welcomed the interracial guest speakers and added his own reminiscences. We were also welcomed by the mayor of Hattiesburg, an African-American man who told us that while deep problems of racism and poverty remained, important strides had been taken. Notably, he also mentioned his own efforts to work with

field secretaries for SNCC have been beaten again and

the LGBT community. I said to myself, “This is not the

again in the Deep South: William Hansen had his jaw

Mississippi I remember!” I was glad not only to witness

broken in a jail cell in Albany, Ga.; Richard Frey was

the progress but also to learn that determined lawyers of

attacked on the street in Greenwood, Miss.; Ralph Allen

the center were advocating for still-needed changes. The

was beaten repeatedly in Terrell County, Ga., and John

city of Hattiesburg will always be full of meaning for me.

has been beaten too many times to record. IJA Report / Fall 2016

…Mr. Evers, a courageous civil rights leader in Jackson who had been vilified by the then white leadership, was assassinated in 1963 by a segregationist. To find that the state’s major airport had been named after him actually brought tears to my eyes.

pening for so long in and out of police stations. White

Chatfield was shot in the same county; Robert Zellner


after him actually brought tears to my eyes.

Judge Abner J. Mikva Remembered Abner J. Mikva passed away on July 4, 2016. Mikva was a World War II veteran, US Supreme Court clerk, Congressman, federal appeals court judge, White House counsel to President Bill Clinton, and even mentor to a young President Barack Obama, who credits Mikva for encouraging him to pursue public service. Mikva and his wife, Zoe, founded Mikva Challenge to encourage young people to be active and engaged citizens. IJA Report asked two members of the NYU community to share their personal remembrances of Mikva: been sent to see if they would join the opinions without

By John Sexton President Emeritus, New York University Dean Emeritus, NYU School of Law Benjamin F. Butler Professor of Law

other judges on each panel agreed, the opinion would be published as an opinion of the court “written by Judge Leventhal but issued after his death” (the usual route in

As the presidency of Jimmy Carter moved to a close, there

such cases was to publish the opinion as a per curiam

was an extraordinary infusion of talent onto the nation’s

opinion of the two judges who remained). In no small

second most important court, the US Court of Appeals for

part because Judge Mikva went along and helped bring

the District of Columbia Circuit. Four new judges, each

others with him, all 11 opinions were attributed to Judge

a judicial star, were added—among them, Abner Mikva.

Leventhal. This act of kindness is a small footnote in a

Shortly after Judge Mikva arrived at the court, I began

life of accomplishments, but it carried deep meaning

what I thought would be a yearlong

for Judge Leventhal’s family and those

clerkship with Judge Harold Leven-

who loved him.

thal, one of the court’s (and judiciary’s)

It is trite to say that Abner Mikva

intellectual leaders. Several of Judge

was a great judge and a great man, but

Leventhal’s cases were argued to panels

it is true. And thanks to a relationship

that included the rookie Judge Mikva.

forged in the unusual cauldron provided

I remember vividly how, after the case

by Chief Judge Wright and nurtured

argument and conference, Judge Lev-

as I listened to him exchange Chicago

enthal would return to chambers armed

stories with Judge David Bazelon (for

with more work for us to do—and more

whom I clerked after Judge Leventhal’s

praise for the special talents of his new

death), I was able to observe his great-

colleague. He more than once made the

ness up close and personal for over three

point that this new judge not only was a brilliant legal

decades. When I moved from the Bazelon chambers to the

scholar but also was singularly blessed with what Judge

Supreme Court chambers of Chief Justice Warren Burger

Leventhal called “the gift of collegiality,” an indispens-

(at a dinner celebrating my becoming NYU Law’s dean,

able tool of consensus-building of the sort possessed (he

Judge Mikva proclaimed me “a natural as dean” because

would tell us) by Supreme Court Justice William Brennan.

I was “the only human being who got along with both

Over my first six months at the court, Judge Leventhal

Bazelon and Burger”), the stories continued in weekly

worked especially hard with us to ensure that he would

lunches where the two judges usually would be joined

have all of his opinions to the panels before we took one

by Justice Brennan and after which Judge Bazelon would

weekend in November to pack up his papers, move into

remind me: “Tell the Chief with whom you had lunch.”

new chambers, and unpack. Somehow, we did it: eleven

No matter what the context or company, Judge Mikva

opinions off to the other judges and everything moved

always extended an extra effort to make this “odd person

by November 19. Then, on a sunny Monday morning,

out” feel comfortable and welcome. There was never any doubt that he was comfortable (he was naturally at home in any context) and welcome

I tell this story because of what followed. Judge Lev-

(everyone who knew him admired him and enjoyed time

enthal was so respected that the chief judge of the court,

with him). The details of his biography are well noted,

Skelly Wright, charged me with an unusual task: I was to

and his life at the top of all three branches of American

meet with the judges on the panels to which the drafts had

Continued on page 8.

November 20, he decided he had a bit of time to celebrate with a round of tennis; he died on the tennis court.

mikva challenge

dissent—indeed, without changing a word. If both of the


Continued from page 7.

work. Many of the things he was able to get done early in

government is legendary. What I find most remarkable

his legislative career, he claimed, happened only because

and what I want to note before I close flows from the

he didn’t know you couldn’t do them.

simple stories I have offered: He was a transparently lov-

That lesson was brought home to me in an episode

ing and caring man. Judge Mikva’s six-decade love affair

that also shows his judicial character in a revealing light.

with his wife and his pride in his daughters are where

One of the first cases I worked on was an en banc hearing

his embrace of love were most evident, but the ambit of

regarding a panel opinion that Judge Mikva himself had

his affection was demonstrated dozens of times a day as

written. As I worked through the issues, I came to the view

he bestowed small kindnesses that had deep meaning

that the better answer was not the one his panel opinion

for those, like the Leventhal family or me, who received

had reached. In my youthful naïveté, I went to him to

them. He was, indeed, a man who lit every room he

explain why I thought he should vote to reverse his own

entered; he also was a man who lit every life he entered.

panel opinion. How many judges would have gracefully

Abner Mikva was a great lawyer, legislator, executive,

tolerated that suggestion from a new clerk? But to his

and judge. At base, he was all of this because he was first

credit, Judge Mikva calmly worked through the arguments

and foremost a great and caring soul. Everything he did

again and in fact did decide to change his mind. When

was a product of his soul, even when the product was the

the en banc DC Circuit unanimously reversed the panel,

soaring language of a speech or the persuasive argument

Judge Mikva wrote a separate concurrence in which he

of an opinion. He made our country and every person

expressly regretted the “overly hasty analysis” in his own

he met great; to him, it seemed to me, the one was the

panel opinion. At the time, I didn’t adequately appreciate

product of the other.

the intellectual self-confidence and lack of ego involved

IJA Report / Fall 2016

in that act. When it comes to judges deciding on the basis


By Richard H. Pildes Sudler Family Professor of Constitutional Law, NYU School of Law

of the better legal argument, you would be hard-pressed

Judge Mikva had one of the warmest, most generous-

not that of the monastic appellate judge but of the political

spirited temperaments of anyone in public life I have

animal who loved the vitality and engagement of public

to find more compelling evidence than that. But everyone who knew Ab knew his personality was

known. Part of that temperament was defined by a bound-

argument. He was disappointed in congressional races

less optimism about the future that drew him to younger

when he drew an opponent he didn’t think could really dig

generations and drew them to him. I was first exposed

in with him and debate the issues in depth. He relished pub-

to this as a teenager, when my sister and I worked as

lic debate, he believed in what democratic theorists would

two of 5,000-some impassioned student volunteers who

call the power of public reason, and he never demonized

went door to door handing out “Mikva!” leaflets in one

or belittled an opponent. He was so well regarded across

of the first grassroots congressional campaigns. Merrick

the aisle that he drew significant Republican support when

Garland was another of those young volunteers (and

President Carter nominated him to the bench.

eventually took Judge Mikva’s seat on the DC Circuit).

His main work after leaving the bench and then the

As an anti–Daley machine reformist Democrat, Ab had

White House Counsel’s Office reflected his lifelong opti-

been redistricted out of his liberal Hyde Park district and

mism about young people and government. Ab and his

had to depend on his personal army of zealous support-

wife, Zoe, started Mikva Challenge, a nonpartisan entity

ers to get known in the new, sharply divided suburban

designed to give students a hands-on education in civ-

North Shore district he decided to run in (successfully,

ics through work in elections and with the legislative

three times) instead. He became one of the co-sponsors

process. The idea was to connect students to government

of the 26th Amendment, which lowered the voting age

and the political process who might otherwise find those

in federal elections from 21 to 18.

worlds completely foreign. Mikva Challenge is now in

I eventually became his law clerk, in 1983-84, and I

more than 100 schools, in at least three cities, and has

remember him defending the American practice of staffing

reached more than 6,000 students. For a man who served

judges with nonprofessional clerks who serve right out of

in both the state legislature and Congress, the federal

law school for one year. Not only did he strongly believe

bench and the White House Counsel’s Office, and who

institutions needed young blood and new ideas, but he also

received the Presidential Medal of Freedom, it is utterly

said young people could get some things done precisely

characteristic that he always described Mikva Challenge

because they didn’t know how things were supposed to

as his greatest accomplishment.

IJA’s 2016 New Appellate Judges Seminar Each year since 1959, IJA has hosted a weeklong New Appellate Judges Seminar (AJS) for federal, state, and military judges, in cooperation with the Federal Judicial Center’s orientation program. AJS combines practical training on collegiality, ethics, and opinion writing, with substantive legal discussions on topics such as statutory interpretation and recent state constitutional law cases of note. A moot court of a pending US Supreme Court case is used as an exercise in the process of decision-making. Taught by a distinguished faculty of judges and academics, the seminar affords an informal and interactive training program. For information about the next New Appellate Judges Seminar, July 16-21, 2017, please visit US Court of Appeals for the DC Circuit, Hon. Diarmuid

state intermediate court, and military appel-

O’Scannlain of the US Court of Appeals for the Ninth

late judges from across the country attended

Circuit, Hon. Jeffrey Sutton of the US Court of Appeals

IJA’s 58th annual New Appellate Judges Semi-

for the Sixth Circuit, and Hon. Sue Walker of the Texas

nar, held at NYU Law on July 17-22, 2016. Paul D. Clement,

Second Court of Appeals. Hon. Reena Raggi of the US

former US Solicitor General, gave the opening address,

Court of Appeals for the Second Circuit presented on a

discussing Justice Scalia’s impact on the US Supreme

criminal law panel. Additional faculty members included

Court. The judicial faculty throughout the week were

Lauren R. Goldman ’97 (Mayer Brown), Hon. George

Hon. Christine Durham of the Utah Supreme Court, Hon.

Marlow (New York statewide judicial director of ethics

Roderick L. Ireland of the Massachusetts Supreme Judi-

education and counsel), Professor S. Andrew Schaffer

cial Court (retired), Hon. Gary Katzmann of the Massa-

(NYU School of Law), Professor Timothy Terrell (Emory

chusetts Appeals Court, Hon. Patricia A. Millett of the

Continued on page 10.

©nyu photo bureau: gallo


hree dozen new federal, state supreme court,

New Appellate Judges Seminar 2016 Group Photo, including faculty and attending judges


Continued from page 9. University School of Law), Jay Shuman (associate director for research and online services, NYU Law Library), and Isaiah Zimmerman, PhD (Washington School of Psychiatry). Lauren S. Willard and David M. Zionts of Covington & Burling, under the supervision of partner Robert A. Long, argued the appeal at the moot court. IJA Faculty Co-Director Oscar Chase and NYU Law Professor Adam Samaha ran the program. (IJA faculty co-director,

AJS 2016 faculty: Hon. Jeffrey Sutton, US Court of Appeals for the Sixth Circuit (left); Hon. Sue Walker, Texas Second Court of Appeals

Professor Samuel Estreicher, was on leave this summer.) Here is what some attending judges had to say:

“Probably the best MCLE program for judges I have ever attended.”

“I’ve been to many seminars/CLEs in my 30-year legal career. This was the best I have ever been to!”

Prof. Oscar Chase and Robert Long (Covington & Burling)

IJA Report / Fall 2016

Hon. Sri Srinivasan, US Court of Appeals for the District of Columbia Circuit


Above: Attending judges, NYU Law faculty, and IJA fellows discuss the constitutional issues presented in the moot court case, Trinity Lutheran Church of Columbia v. Pauley.

Paul Clement (Kirkland & Ellis)

Hon. Diarmuid O’Scannlain and NYU Law Professor and IJA Faculty Co-Director Oscar Chase.

©nyu photo bureau: gallo

“This was an extraordinary week, and I will sing the praise of this program to new judges in my state (and everywhere).”

Moot court panel of faculty judges ( from left): Hon. Diarmuid O’Scannlain, US Court of Appeals for the Ninth Circuit; Hon. Christine Durham, Utah Supreme Court; Hon. Roderick L. Ireland, Massachusetts Supreme Judicial Court (retired); Hon. Patricia A. Millett, US Court of Appeals for the DC Circuit; and Hon. Gary Katzmann, Massachusetts Appeals Court (recently appointed to the US Court of International Trade)

New Appellate Judges Seminar 2016 Attendees Hon. Robert R. Altice Jr.

Hon. Diane B. Bratvold Minnesota Court of Appeals Governor Mark Dayton appointed Judge Diane Bratvold to the Minnesota Court of Appeals in March 2016, about two years after he appointed her to the district court bench for the Fourth Judicial District of Minnesota. While on the district court, Judge Bratvold served on the downtown criminal team hearing first appearances, pretrial hearings, and conducting trials in adult misdemeanor cases in Hennepin County. Judge Bratvold also served in the civil division. Before going on the bench, Judge Bratvold was an appellate advocate in state and federal courts for more than 25 years. She practiced at three law firms in Minneapolis: Fetterly & Gordon, Rider Bennett, and Briggs and Morgan. She is past president of the Eighth Circuit Bar Association, past chair of the Minnesota State Bar Association Appellate Section Council, and past chair of the DRI Appellate Advocacy Committee.

Indiana Court of Appeals for the Second District Judge Altice was appointed to the Court of Appeals by Governor Mike Pence and began his service on September 2, 2015. He began his legal career in Jackson County, Missouri, handling felony cases as a deputy prosecutor before being promoted to chief deputy prosecutor for the drug unit. He then practiced with a Kansas City civil law firm, focusing on medical malpractice defense. After moving to Indianapolis, he joined the law firm of Wooden McLaughlin & Sterner, concentrating on insurance defense. In 1994, Judge Altice returned to prosecution, handling a major felony caseload as a deputy prosecutor for the Marion County Prosecutor’s Office. He served as chief of the Felony Division from 1997 to 2000, prosecuting a number of highprofile felonies while also providing management support to 35 deputy prosecutors. Judge Altice also served briefly as the office’s chief counsel, working with the Indiana General Assembly to amend laws on domestic battery and possession of firearms by violent felons. As a prosecutor, Judge Altice tried over 100 major felony jury trials, including 25 murder cases, and countless bench trials. He was elected to the Marion County bench in 2000 and presided over both criminal and civil dockets. As judge of Marion Superior Court, Criminal Division 2, from 2001 to 2012, he presided over 250 major felony jury trials, including 75 murder trials (seven death penalty trials). While presiding over some of the most serious criminal matters in the state, Judge Altice also served as chair of the Marion Superior Court Criminal Term from 2005 to 2007, as a member of the Executive Committee for the Marion Superior Court from 2007 to 2009, and as presiding judge of the Marion Superior Court from 2009 to 2011. As the presiding judge, he was responsible for the administration of the court, with a $50 million annual budget, and managed a court staff of more than 850 employees. He also hosted a television show on the government access channel, “Off the Bench,” where civic leaders discussed public affairs matters. In January 2013, Judge Altice moved to the civil division of the court. He officiated over 15 civil jury trials and. was appointed chair of the Marion Superior Court Civil Term in January 2015.

Throughout his judicial career, Judge Altice has held leadership roles in organizations that improve the administration of justice. He accepted special assignments from the Indiana Supreme Court on the Judicial Performance Task Force, which examined whether judicial evaluations might be useful in Indiana, and Cameras in the Courtroom, a pilot project that allowed cameras in certain courtrooms under limited conditions. During Judge Altice’s tenure on the Marion County Community Corrections Advisory Board, the Duvall Work Release Center in Marion County was constructed and opened. Judge Altice is a member of the Indiana Judges Association, the Indiana State Bar Association, and the Indianapolis Bar Association. He served on the board of directors of the Judicial Conference of Indiana, is a member and past president of the Sagamore American Inn of Court, was a member of the Indiana Judicial Conference Civil Benchbook Committee, and was a member and former chair of the Indiana Judicial Conference Community Relations Committee. Some community organizations with which he is involved include the Indianapolis Police Athletic League, the Martin Luther King–Community Development Corporation, and the Coburn Place Safe Haven, a transitional housing facility for domestic abuse victims. Judge Altice earned his undergraduate degree from Miami University of Ohio, a master’s degree in criminal justice administration from the University of Central Missouri, and his JD from the University of Missouri–Kansas City School of Law.


Judge Bratvold was inducted as a fellow in the American Academy of Appellate Lawyers in 2006, served on the board of directors, and is currently treasurer. She also serves on the Minnesota Supreme Court’s Advisory Committee on Rules of Civil Appellate Procedure and is on the board of the Minnesota Supreme Court Historical Society. Judge Bratvold is an adjunct professor at the University of St. Thomas Law School, where she has taught Appellate Advocacy since 2002. She regularly speaks on general appellate topics at various CLEs and conferences. She is an author for several respected appellate publications, including co-author of Matthew Bender’s Art of Advocacy: Appeals and “Appellate Process” in West Publishing’s Minnesota Practice: Methods of Practice. Judge Bratvold also is active in her community: She is a director on the board for the Advocates for Human Rights and a member of the South Sudan Committee at Zion Lutheran Church in Anoka.

IJA Report / Fall 2016

Hon. Jefferson Blake Brown


US Air Force Court of Criminal Appeals Colonel Brown is currently an appellate military judge, Air Force Court of Criminal Appeals, Joint Base Andrews, Maryland. Colonel Brown has served as both a trial and appellate military judge, as an area defense counsel, as an appellate defense counsel, as a staff judge advocate (four times; once while deployed), and as a deputy staff judge advocate (twice). He is admitted to practice law before the Supreme Court of the United States, the Supreme Court of Alabama, and the US Court of Appeals for the Armed Forces. Colonel Brown received his BS in communications, cum laude, from Florida State University in 1990 and his JD from Vanderbilt University Law School in 1993. He graduated from Squadron Officer School (in residence) as a distinguished graduate, Maxwell AFB, Alabama, in 1997; from Air Command and Staff College (in residence), Maxwell AFB, in 2006; and from the Air War College (by correspondence) as an “Excellent” graduate in 2009. His assignments include deputy staff judge advocate, 64th Flying Training Wing, Reese AFB, Texas; assistant staff judge advocate (military justice), 81st Training Wing, Keesler AFB, Mississippi; area defense counsel, Air Force Legal Services Agency, Keesler AFB; appellate defense attorney, Air Force Legal Services Agency, Bolling AFB, Washington, DC; deputy staff judge advocate, 56th Fighter Wing, Luke AFB, Arizona (August 2004–January 2005, deployed staff judge advocate, 506th Air Expeditionary Group, Kirkuk AB, Iraq); student, Air Command and Staff College, Maxwell AFB, Alabama; staff

judge advocate, 39th Air Base Wing, Incirlik AB, Turkey; staff judge advocate, 51st Fighter Wing, Osan AB, Republic of Korea; military judge, European Region, RAF Lakenheath, England; staff judge advocate, 78th Air Base Wing, Robins AFB, Georgia; and appellate military judge, Air Force Court of Criminal Appeals, Joint Base Andrews, Maryland. Major awards and decorations received by Colonel Brown include the Air Force Meritorious Service Medal with five devices; Air Force Commendation Medal with one device; Air Force Outstanding Unit with five devices; Air Force Organizational Excellence Award; Iraq Campaign Medal with one device; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Korea Defense Service Medal; Humanitarian Service Medal; Nuclear Deterrence Operations Service Medal; Air Force Expeditionary Service Ribbon with Gold Border; Small Arms Expert Marksmanship Ribbon (pistol); Republic of Korea Air Force Operations Command Commendation Letter for Meritorious Service; Air Education and Training Command Outstanding Judge Advocate (2004 Kuhfeld Award finalist); Pacific Air Forces Outstanding Legal Office of the Year, Large Office, 2008; Pacific Air Forces Legal Office of the Year, 2009.

Hon. Paulette Vance Burton US Army Court of Criminal Appeals Lieutenant Colonel Burton assumed her current duties as an associate judge with the United States Army Court of Criminal Appeals in July 2015. Lieutenant Colonel Burton’s prior assignments include staff judge advocate, United States Army Criminal Investigation Command; associate judge, Army Criminal Court of Appeals; chief, United States Army Judge Advocate Recruiting Office; deputy staff judge advocate, US Army Aviation Warfighting Center; senior defense counsel, National Capital Region; chief of claims, 25th Infantry Division; chief of legal assistance, 25th Infantry Division; trial defense counsel, Yongsan, Korea; trial counsel, Fort Belvoir, Virginia; chief of claims, Fort Belvoir; legal assistance attorney, Fort Belvoir. She is admitted to practice before the US Supreme Court, the US Court of Appeals for the Armed Forces, the United States Army Court of Criminal Appeals, the United States Bankruptcy Court for the District of South Carolina, and the South Carolina Supreme Court. Lieutenant Colonel Burton is a graduate of the United States Army Command and General Staff College IntermediateLevel Education Common Core (2006), the Judge Advocate Officer Graduate Course (LLM, 2004), the Combined Arms and Service Staff College (2000), and the Judge Advocate Officer

Basic Course (1994). Her civilian education includes University of South Carolina School of Law (JD, 1993) and Spelman College (BA, 1990), where she was a Reserve Officers’ Training Corps (ROTC) Distinguished Military Graduate. Lieutenant Colonel Burton’s awards include Legion of Merit, Meritorious Service Medal (with four Oak Leaf Clusters), Army Commendation Medal (with two Oak Leaf Clusters), Army Achievement Medal, National Defense Service Medal (with Service Star), Global War on Terrorism Service Medal, Korea Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon (with numeral 2). She is also authorized to wear the Army Staff Identification Badge.

Hon. Luz Elena D. Chapa

New Jersey Superior Court, Appellate Division Judge Currier was appointed to the New Jersey Superior Court in 2004 and currently sits in the Appellate Division. She previously served in the Civil and Family Divisions in the Law Division, Middlesex County. Before going to the bench, Judge Currier was a partner with Connell Foley. She received her BA from Smith College and her JD from Rutgers School of Law–Camden. Judge Currier is a member of the Supreme Court Civil Practice Committee and the Supreme Court Advisory Committee on Expedited Civil Actions. She also served for many years on the Supreme Court Committee on Character. Judge Currier is a member of the New Jersey State Bar Association and its Civil Trial Bar Section, the American Board of Trial Attorneys, the Middlesex County Bar Association, and the Middlesex County Trial Lawyers Association. She is a former trustee of the NJ State Bar Association, chair of the Civil Trial Bar Section of the NJSBA, and formerly the president of the New Jersey Defense Association.

Hon. Lee Smalley Edmon California Court of Appeal for the Second District Presiding Justice Lee Smalley Edmon joined the Second District Court of Appeal on January 5, 2015. Before serving on the Court of Appeal, she was a judge on the Los Angeles Superior Court, where she last served in the Complex Civil Litigation Department. She served as presiding judge of the LA Superior Court for the years 2011 and 2012, as the court’s assistant presiding judge (2009-10), and as supervising judge of its Civil Departments (2007-08). Justice Edmon has served on a number of court-related committees, both locally and statewide, including as a member of the California Judicial Council and as chair of its Civil and Small Claims Advisory Committee. Justice Edmon frequently writes and lectures on civil procedure topics and is a current edition author of the Rutter Group’s California Practice Guide: Civil Procedure Before Trial. She is a graduate of the University of Illinois College of Law and was a partner at Dewey Ballantine in its Los Angeles office when Governor Gray Davis appointed her to the bench in 2000. Before that appointment, she was active in many local bar organizations, including serving as president of the Los Angeles County Bar Association and as chair of its Litigation Section, and on the boards of a number of legal service organizations. Justice Edmon has also been active in the American Bar Association and served for two years as president of the

Texas Fourth Court of Appeals Justice Chapa was elected to serve on the Fourth Court of Appeals effective January 1, 2013, and is currently the youngest serving Hispanic justice in the State of Texas. Before her election, Justice Chapa practiced on both sides of the civil docket in counties across Texas, with a concentration in products liability litigation. Justice Chapa received both her bachelor of arts in English and her juris doctor from St. Mary’s University. Between college and law school, she headed to Capitol Hill, where she interned for US Congressman Lloyd Doggett and worked for US Congressman Frank Tejeda. During law school, Justice Chapa interned for Chief Justice Alma L. López, and upon graduating, Justice Chapa began her legal career in El Paso, working with the law firm Oaxaca, Bernal & Associates. She later moved to Corpus Christi in 2001, where she joined the law firm Hartline Dacus Barger Dreyer before returning to San Antonio in 2005, where she joined forces with her husband and fellow lawyer, Miguel Chapa. Justice Chapa is a Texas Bar Foundation Life Fellow, a San Antonio Bar Foundation Fellow, a 2014 inductee to the San Antonio Women’s Hall of Fame, and is a member of numerous organizations. In addition to her personal and professional responsibilities to her family and the Fourth Court, Justice Chapa devotes her time to mentoring students at HealyMurphy Center, where she serves as vice president of the board, and to serving on the boards of the St. Mary’s Law Alumni Association, St. Mary’s Hispanic Law Alumni Association, the Children’s Ballet of San Antonio, and as chairman of the board of Guardian House. She is a proud member of IMPACT San Antonio and is an official advocate for One in Five Minds, a campaign launched by Clarity Child Guidance Center to bring more awareness to the community about children’s mental health needs and to lessen the stigma associated with mental illness.

Hon. Heidi W. Currier


American Bar Endowment. She is currently national co-chair of the Judicial Intern Opportunity Program of the ABA’s Section of Litigation and is chair of the California State Bar’s Rules Revision Commission (proposing comprehensive revisionsto the Rules of Professional Conduct).

IJA Report / Fall 2016

Hon. Meagan A. Flynn


Oregon Court of Appeals Judge Flynn was appointed to the Oregon Court of Appeals by Governor John Kitzhaber and began service in November 2014. Her prior legal career included work as a trial attorney and appellate attorney, handling civil and administrative cases. Judge Flynn received her undergraduate degree from Willamette University (BA cum laude in philosophy and political science, 1989) and her law degree from Gonzaga University (JD magna cum laude, 1992). Before joining the Court of Appeals, Judge Flynn practiced civil appellate law at Preston Bunnell & Flynn in Portland, Oregon, primarily handling matters before the Oregon Supreme Court and Oregon Court of Appeals, the US Circuit Court of Appeals for the Ninth District, and the Benefits Review Board of the US Department of Labor (partner, 2004-14; associate, 1999-2004). Before that, she was an associate attorney at Pozzi Wilson Atchison in Portland, where she primarily handled cases in the areas of products liability, personal injury, state workers’ compensation, and federal longshore compensation (1994-99). After law school, Judge Flynn served as a judicial clerk to Hon. Rick Haselton and Hon. Robert D. Durham on the Oregon Court of Appeals (1992-94). She has authored appellate briefs on significant issues of Oregon law for the amicus committee of the Oregon Trial Lawyers Association. Judge Flynn serves on the Executive Committee of the Oregon Law Institute (a primary sponsor of Oregon CLE programs) and is a member of Oregon Women Lawyers. She is a member and past chair of the Oregon State Bar Appellate Practice Section and also previously served on the Executive Committees of the Oregon State Bar Consumer Law Section, Products Liability Section, and Workers Compensation Section. While in private practice, she also served as a chair of the amicus committee of the Oregon Trial Lawyers Association. As a lawyer, Judge Flynn was the volunteer author of several chapters for legal education publications of the Oregon State Bar and the Oregon Trial Lawyers Association on topics pertaining to appellate practice and insurance litigation. She also spoke regularly at CLE programs sponsored by the Oregon Law Institute and the Oregon Trial Lawyers Association. Since joining the court, Judge Flynn has continued to volunteer as a CLE speaker for the Oregon Law Institute.

Hon. Rebecca R. Freyre Colorado Court of Appeals Judge Freyre received her JD from the University of Denver College of Law. She received American Jurisprudence Awards in trust and estates and professional responsibility. Judge Freyre is a member of the Colorado Bar and admitted to practice in Federal District Court and before the United States Supreme Court. Before serving on the Colorado Court of Appeals, Judge Freyre’s work included serving as an attorney in the Appellate Division of the Colorado State Public Defender’s Office, where she represented indigent, convicted felons in directly appealing their convictions; researched, wrote, and filed opening briefs, responsive briefs, and petitions for writs of certiorari in the Colorado Supreme Court and the Colorado Court of Appeals; and argued cases before both courts. Judge Freyre was also an attorney in the Arapahoe County Trial Office of the Colorado State Public Defender, where she represented indigent criminally accused adults and juveniles in county and district court and tried more than 50 felony and misdemeanor cases of all types; investigator/law clerk at a law firm, where she conducted lay/ expert witness interviews, served subpoenas, researched and drafted pretrial motions, prepared witnesses for testimony, and assisted in the preparation of cross-examinations, and investigated and prepared prosecutorial misconduct memorandum in a Fifth Circuit pro bono death penalty case; intern and volunteer student attorney in the Denver Trial Office of the Colorado State Public Defender; manager of planning and control at a business corporation, where she supervised three departments responsible for operations analysis, financial analysis, workflow studies, board of directors reporting, documentation and procedures, telecommunications, and facilities management; and a bank management consultant, where she conducted workflow/ pricing/cash flow analyses, prepared reports, and presented findings and recommendations to bank owners/management in more than 40 banks nationwide. Judge Freyre received her undergraduate degree from Smith College in 1982, with a major in economics and minors in physiological psychology and art history. Her volunteer work includes private consultations with parents of children diagnosed with autism, serving as a volunteer judge for West Middle School mock congressional hearings and East High School Constitutional Scholars Team; in the past, she has volunteered with Habitat for Humanity, Project Angel Heart, the Aurora Gang Task Force, Colorado Children’s Justice Act Task Force, and Colorado UpLift, and as a mock trial coach for Arapahoe High School and Lookout Mountain School.

Hon. Marcus N. Fulton US Navy–Marine Corps Court of Criminal Appeals Commander Fulton currently serves as military judge in the Northern Judicial Circuit. He was commissioned as an ensign in the US Navy JAG Corps Student Program in May 1997 after receiving a bachelor of arts in music from Ohio State University in 1993 and a juris doctor in 1997 from the University of Cincinnati College of Law. Commander Fulton’s initial naval assignment was Naval Legal Service Office, Pacific Detachment Pearl Harbor (April 1998–July 2001), where he performed duties as legal assistance attorney and defense counsel. In July 2001, he reported to the Office of the Judge Advocate General, Appellate Defense Division, as appellate defense counsel. After this assignment, Commander Fulton reported for duty as staff judge advocate, Naval Air Station Whidbey Island (2004-06). From 2006 to 2008, Commander Fulton served as officer-in-charge at Naval Legal Service Office, Southeast Detachment Mayport. In 2007, he deployed to Kabul, Afghanistan, for six months as an individual augmentee with Combined Security Transition Command–Afghanistan in support of Operation Enduring Freedom. From 2008 through 2010, Commander Fulton served as command judge advocate in USS Dwight D. Eisenhower (CVN 69). From 2010 to 2012, he served as executive officer and commanding officer of Naval Legal Service Office Northwest in Bremerton, Washington. From 2012 to 2015, Commander Fulton served as military judge in the Hawaii Judicial Circuit. Commander Fulton’s personal awards include the Defense Meritorious Service Medal, the Navy Meritorious Service Medal (gold star in lieu of third award), the Navy Commendation Medal (gold star in lieu of third award), and the Navy and Marine Corps Achievement Medal (gold star in lieu of third award).

Hon. Kathryn Gardner

Hon. Chris Garrett

Oregon Court of Appeals Judge Garrett was appointed to the Oregon Court of Appeals by Governor John Kitzhaber and joined the court in February 2014. Before his appointment, Judge Garrett was an attorney in private practice with the law firm of Perkins Coie in Portland, Oregon, where he specialized in complex business litigation as well as employment and election law. Before joining Perkins Coie, Judge Garrett began his career at the New York law firm of Simpson Thacher & Bartlett. He also served as a law clerk to Judge Dennis Jacobs of the US Court of Appeals for the Second Circuit, in New York. In 2008, Judge Garrett was elected to the Oregon House of Representatives, where he served until his appointment to the court. As a legislator, he held several leadership positions, including speaker pro tempore (2013), chair of the House Committee on Rules (2013), co-chair of the Joint Committee on Public Safety (2013), co-chair of the House Redistricting Committee (2011), and vice-chair of the House Committee on Judiciary (2011-13). Judge Garrett also served on the

Kansas Court of Appeals Judge Gardner was born in Sterling, Kansas. She graduated magna cum laude from Geneva College in Beaver Falls, Pennsylvania, with a Bachelor of Arts degree in English. She then taught English and French at Washburn Rural High School for two years before attending the University of Kansas School of Law. Governor Sam Brownback appointed Judge Gardner to the Court of Appeals effective March 11, 2015. Upon earning her juris doctorate in 1983, Judge Gardner began her legal career as a research attorney for Hon. Joe Haley Swinehart of the Kansas Court of Appeals. She then served as an assistant attorney general before her husband’s

career took them to Wichita. There, she served as chambers law clerk to Hon. Sam A. Crow in the United States District Court for the District of Kansas. She joined Martin Pringle as an associate in 1988 and left as a partner in 2000 after 12 years of litigating employment discrimination and other cases in state and federal court. When her husband’s job returned them to Topeka, where Judge Crow then sat, she rejoined him as chambers law clerk. While a lawyer, Judge Gardner was active in numerous professional, civic, and community activities. She chaired the Kansas Bar Association’s Law-Related Education Committee and Legal Issues Affecting the Elderly Committee. She served as editor of Law Wise, a law-related resource for teachers and students published by the Kansas Bar Association. She was an appointed member of the US District Court Civil Justice Reform Act Committee and the US District Court Federal Practice Handbook Committee. She presented many continuing legal education courses to attorneys and business leaders, served on the Wichita Bar Association board of governors, and served as vice president on the board of directors for Cair Paravel Latin School. Judge Gardner is a past president and longtime Executive Committee member of the Sam A. Crow American Inn of Court. She has been an adjunct professor at the Washburn University School of Law, where she taught Writing for Law Practice and Intensive Trial Advocacy. She has published articles in the Journal of the Kansas Bar Association, the American Inns of Court Bencher, and other publications.


Governor’s Commission on Public Safety (2011-12) and the Oregon Law Commission (2010-13). Born and raised in Portland, Judge Garrett received his BA from Reed College and his JD from the University of Chicago Law School.

Hon. Ellen Gesmer

IJA Report / Fall 2016

New York Supreme Court, Appellate Division, First Department Justice Gesmer is a justice on the First Department of the New York Supreme Court, Appellate Division. Governor Andrew Cuomo appointed her to the court in February 2016. She received her BA from Harvard College in 1972 and her JD from Yale Law School in 1976. Justice Gesmer began her career in 1976 as a law clerk to Hon. Joseph Tauro. The following year, she joined BedfordStuyvesant Community Legal Services, serving first as a staff attorney, then a supervising attorney, and eventually the director of litigation. From 1983 to 1984, she was a clinical assistant professor at the University of Michigan Law School. In 1987, she became a partner of the firm of Gulielmetti & Gesmer. She practiced there through 2003, when she was elected a judge of the New York City Civil Court. Justice Gesmer was assigned to the Kings County Civil Court in 2004, the New York County Civil Court in 2005, and the New York City Criminal Court in 2006. In October 2006, she was appointed an acting Supreme Court justice and was assigned to a matrimonial part, first in Bronx Supreme Court and then, in April 2009, in New York County. In 2011, she was elected to the Supreme Court, and she continued to preside over a matrimonial part until she was appointed to the Appellate Division in 2016. Justice Gesmer serves on the Matrimonial Practice Advisory and Rules Committee, an advisory committee to the chief judge. She is also active in the National Association of Women Judges, the New York City Bar Association, the New York State Bar Association, and the Women’s Bar Association. She is a member of the board of directors of JALBCA and Dancing in the Streets. Before going on the bench, she served on the Legal Advisory Council of Sanctuary for Families and was a public member of the Rent Guidelines Board. Justice Gesmer lectures frequently to judges, lawyers, and law students on topics in family law, including mental health issues in divorce law, settlement techniques, and surrogacy, as well as on topics in civil procedure and trial practice.


Hon. Melanie M. Shaw Geter Maryland Court of Special Appeals Judge Geter is an associate judge of the Court of Special Appeals of Maryland. Initially appointed to the bench in 1996, Judge Geter began her judicial career as a district court judge and was elevated to the Circuit Court in 2001. During her tenure, Judge Geter has worked on many courtrelated projects designed to improve the administration of justice as well as educate the community about the judiciary. She has developed several specialty court programs, including drug treatment and reentry courts, and she routinely speaks to community groups. Before her appointment, the judge was a career prosecutor, having ended her career as chief of the Homicide and Narcotics Division of the State’s Attorney’s Office in Prince George’s County. She served as an assistant state’s attorney in both Baltimore City and Prince George’s County and also as an assistant attorney general in the Medicaid Fraud Control Unit of the Maryland Attorney General’s Office. Judge Geter received her Bachelor of Arts from Howard University and her Juris Doctor from the University of Maryland School of Law.

Hon. Joseph M. Getty Maryland Court of Appeals Judge Getty was appointedto the Maryland Court of Appeals by Governor Larry Hogan on June 1, 2016. The Court of Appeals is the highest court in Maryland (commonly called the Supreme Court in other states). Judge Getty holds the honor of having served in all three branches of Maryland government. In the executive branch, he was the chief legislative officer of Governor Hogan from January 2015 to June 2016. Previously, he was policy and legislative affairs director for Governor Robert L. Ehrlich Jr., from 2003 to 2007. As a legislator, Judge Getty has served in both chambers of Maryland’s legislative branch. He was elected to the Maryland Senate (District 5, Carroll and Baltimore counties) in 2010 and 2014 and was appointed to the Senate Judicial Proceedings Committee and the Budget and Taxation Committee. In 1994 and 1998, he was elected to the Maryland House of Delegates (District 5, Carroll County), where he served on the House Judiciary Committee and the Commerce and Government Matters Committee. Judge Getty is a graduate of Washington College (BA, American studies), the George Washington University (MA, American civilization), and the University of Maryland School of Law (JD).

Hon. Robert J. Gilson New Jersey Superior Court, Appellate Division Judge Gilson currently sits on the New Jersey Superior Court, Appellate Division. The Appellate Division is New Jersey’s intermediate appellate court, and the court hears appeals from decisions of the trial courts, the tax court, and state administrative agencies. Judge Gilson served as a law clerk to Judge John J. Gibbons of the US Court of Appeals for the Third Circuit. He then spent 20 years in private practice, concentrating on complex commercial litigation. He was a partner with the law firm of Riker Danzig Scherer Hyland & Perretti, where he was chair of the firm’s appellate practice group and pro bono committee. In 2006, Judge Gilson became the director of the Division of Law in the New Jersey Office of the Attorney General. In that position, he oversaw a division of more than 500 attorneys who handle all civil legal matters for the state of New Jersey. In 2009, Judge Gilson was appointed to the bench. He has served as a trial judge in both the family and criminal divisions of the Superior Court. Judge Gilson has also served on numerous Supreme Court committees, including the Advisory Committee on Professional Ethics, the Committee on Model Criminal Jury Charges, the Family Practice Committee, and the District X Ethics Committee. He has also been a trustee and chair of the New Jersey Lawyers’ Fund for Client Protection. Judge Gilson holds a BA from Hamilton College and a JD from Boston College Law School, where he was an executive editor of the Law Review.

Hon. Greta Gooden Brown

Hon. Elizabeth L. Harris Colorado Court of Appeals Judge Harris ’96, prior to serving on the Colorado Court of Appeals, had her own law practice, the Law Office of Elizabeth L. Harris. Before private practice, she served in the Office of the Federal Public Defender and was law clerk to Hon. John Porfilio, US Court of Appeals for the 10th Circuit (1996-97). Judge Harris received her BA in English literature from Georgetown University and her JD from NYU School of Law.

Hon. Pamela A. Harris US Court of Appeals for the Fourth Circuit Judge Harris is a judge on the US Court of Appeals for the Fourth Circuit. Before her appointment, Judge Harris worked in private practice for more than 10 years, primarily as a Supreme Court and appellate litigator with the firm of O’Melveny & Myers. She served twice at the United States Department of Justice, as principal deputy assistant attorney general for the Office of Legal Policy from 2010 to 2012, and as an attorney-adviser at the Office of Legal Counsel from 1993 to 1996. Judge Harris also taught constitutional law and criminal procedure at the University of Pennsylvania Law School and the Georgetown University Law Center, served as executive director of Georgetown Law’s Supreme Court Institute, and was a co-director of Harvard Law School’s Supreme Court and Appellate Advocacy Clinic. A graduate of Yale College and Yale Law School, she served as a law clerk to Justice John Paul Stevens of the United States Supreme Court and Judge Harry T. Edwards of the US Court of Appeals for the DC Circuit.

New Jersey Superior Court, Appellate Division Judge Gooden Brown was temporarily assigned by New Jersey Chief Justice Stuart Rabner to the Appellate Division of the New Jersey Superior Court effective August 1, 2016. Governor Jon Corzine appointed Judge Gooden Brown to the bench on March 9, 2009. She served first in the Criminal Division in the Passaic Vicinage and has presided over the Family Division since July 27, 2014. Before her judgeship, Judge Gooden Brown served as New Jersey’s insurance fraud prosecutor from 2001 to 2009, heading one of the largest law enforcement agencies in the state. During her 26-year career as a prosecutor, Judge Brown also served in various supervisory capacities in the New Jersey Attorney General’s Office, including the Appellate Bureau and the Institutional Abuse Unit. She is the first African American

to serve as an assistant attorney general in the history of the office’s Division of Criminal Justice. From 1994 to 2001, Judge Gooden Brown headed the attorney general’s Prosecutors and Police Bureau, where she was responsible for overseeing the work of all 21 county prosecutors. She is the recipient of a citation from US Senator Frank Lautenberg for exemplary public service and leadership and was cited by the New Jersey Senate and General Assembly for her meritorious record of service, leadership, and commitment. Judge Gooden Brown holds an associate degree from Essex County College, a bachelor’s degree from Douglass College, and a law degree from Rutgers School of Law.


Hon. Molly J. Huskey Idaho Court of Appeals Judge Huskey is a 1984 graduate of Moscow High School. She received her undergraduate degree (BA in public relations, 1989) and her Juris Doctor (1993) from the University of Idaho. Judge Huskey was admitted to the Idaho Bar in 1993. She served as a public defender and as a prosecutor in Bonneville County before joining the newly created Office of the State Appellate Public Defender in 1998. She became the chief of the Appellate Unit at the SAPD in 1999 and was appointed as the state appellate public defender in 2002 by Governor Dirk Kempthorne, with the appointment renewed by Governor C.L. “Butch” Otter. She remained in that position until her appointment to the district court bench in 2011 by Governor Otter. In July 2015, Judge Huskey was appointed to the Idaho Court of Appeals.

Hon. Lucinda E. Jesson Minnesota Court of Appeals Judge Jesson was appointed to the Minnesota Court of Appeals by Governor Mark Dayton. Her current term expires January 7, 2019. Her prior employment includes serving as commissioner, Minnesota Department of Human Services (2011-15); associate professor of law, Hamline University; partner at a law firm; chief deputy county attorney, Hennepin County Attorney’s Office; deputy attorney general, Minnesota Attorney General’s Office; and shareholder, Jesson & Pust. Judge Jesson’s professional and community activities have included the board of directors, Lutheran Social Services; the board of directors, Center for Community Health Improvement; co-chair, Minnesota Interagency Council on Homelessness; co-chair, Task Force on Health Care Financing; co-chair, Governor’s Task Force on the Protection of Children; and co-chair, Children’s Justice Initiative. Judge Jesson earned her BA from the University of Arkansas and her JD from the University of Pennsylvania Law School.

IJA Report / Fall 2016

Hon. Marcy L. Kahn


New York Supreme Court, Appellate Division, First Department Justice Kahn ’75 was appointed an associate justice of the Appellate Division of the Supreme Court of the State of New York, First Department, by Governor Andrew Cuomo in 2016. She had been elected a state Supreme Court justice in 1994 and had served as a judge of the New York City Criminal

Court since 1987. Before becoming a judge, she was a partner and associate, respectively, at Anderson Kill & Olick and Skadden, Arps, Slate, Meagher & Flom, in New York City. Earlier, she served as a special assistant attorney general of the state of New York prosecuting corruption in the New York City criminal justice system. Justice Kahn currently chairs the New York Tribal Courts Committee and is convener of the New York Federal-StateTribal Courts and Indian Nations Justice Forum. She also serves as co-chair of the LGBT Rights Commission of the New York State Courts. She was a delegate to the United Nations Commission on the Status of Women in 2009 and 2010, representing the International Association of Women Judges. Justice Kahn has developed and presented educational programs for the bench and bar nationally and locally for nearly three decades, including at the National Judicial College, and is the author or co-author of five law review articles. Justice Kahn received her AB from Stanford University, with honors, and her JD from NYU School of Law.

Hon. Allen H. Loughry II West Virginia Supreme Court of Appeals Justice Loughry was elected to a 12-year term on the Supreme Court of Appeals of West Virginia in 2012. He is a native of Tucker County, West Virginia. He obtained four law degrees: an SJD from American University Washington College of Law, where he had the distinction of being one of the first three people to be admitted to the SJD program; an LLM in criminology and criminal justice from the University of London; an LLM in law and government from American University Washington College of Law; and a JD from Capital University Law School, where he graduated with the honor of Order of the Curia. On October 4, 2013, the American University Washington College of Law awarded him its Distinguished Alumnus Award. In 1999, Justice Loughry completed the program of human rights and humanitarian law through the American University Washington College of Law Center for Human Rights and Humanitarian Law and the Utrecht University School of Law Netherlands Institute of Human Rights. He also studied law in England at the University of Oxford and received the program’s top political science award. He has a BS in journalism from West Virginia University. While there, he served on the West Virginia University Judicial Board. Justice Loughry was a senior assistant attorney general in the West Virginia Attorney General’s Office from 1997 to 2003. He served in both the Appellate and Administration divisions and was appointed as a special prosecuting attorney

on numerous occasions to handle criminal cases throughout West Virginia. Justice Loughry has argued a significant number of cases before the West Virginia Supreme Court in addition to having argued or filed legal pleadings in the Supreme Court of the United States, the US Court of Appeals for the Fourth Circuit, and the United States District Courts for the Southern and Northern Districts of West Virginia and the Southern District of Florida, among other legal forums. Justice Loughry served as a special assistant to US Rep. Harley O. Staggers Jr. and as a direct aide to West Virginia Governor Gaston Caperton. In 1997, he completed a legal externship at the Ohio Supreme Court. He also served as a personal assistant to the Tucker County prosecuting attorney in 1988 and 1989 and wrote for two newspapers and was a freelance writer for the Associated Press. Justice Loughry began working as a lawyer at the Supreme Court of Appeals of West Virginia in 2003. In 2006, his book Don’t Buy Another Vote, I Won’t Pay for a Landslide was published. It is a nonpartisan look at West Virginia’s history of political corruption. US Senator John McCain (R, Arizona) and US Senator Robert C. Byrd (D, West Virginia) wrote forewords. Justice Loughry began teaching political science at the University of Charleston in 2010. Due to his academic and professional background, he is a frequent speaker throughout the country on issues of government, ethics reform, politics, history, education, and the election process.

Hon. Anne Y. Marks

Hon. Karen E. Mayberry US Air Force Court of Criminal Appeals Colonel Mayberry is currently assigned as an appellate military judge on the Air Force Court of Criminal Appeals. Colonel Mayberry entered the Air Force in January 1990 through the Direct Appointment Program. She has served as the chief defense counsel for military commissions, chief of Air Force trial defense services, staff judge advocate (Wing and NAF), deputy staff judge advocate (Wing and MAJCOM), circuit defense counsel, Air Force intern, and executive officer. She is a member of the bar in Kansas and Texas and licensed to practice before the US Court of Appeals for the Armed Forces and the Supreme Court of the United States. Colonel Mayberry earned her BA in political science from Cook College, Rutgers University, and her JD from the University of Kansas. She attended Squadron Officer School (in residence; distinguished graduate), Air Command and Staff College (by seminar), and Air War College (by correspondence). Her prior assignments include assistant staff judge advocate, Charleston Air Force Base, South Carolina; circuit defense counsel, Eastern Judicial Circuit, Bolling AFB, Washington, DC; Air Force intern, Joint Staff (J-5 and OCJCS/LA),

US Navy–Marine Corps Court of Criminal Appeals Commander Marks grew up in Richmond, Virginia, and graduated from the College of William and Mary in 1998. She earned her JD from the University of Virginia School of Law and was admitted to the Virginia State Bar in 2001. After graduation from Naval Justice School, Commander Marks reported to Naval Legal Service Office (NLSO) Southeast, Naval Air Station Jacksonville, Florida. There, she served as a legal assistance attorney and criminal defense attorney. She ended her first tour as officer in charge of the NLSO Branch Office at Naval Submarine Base Kings Bay, Georgia. In June 2004, Commander Marks reported to the United States Naval Academy, Annapolis, Maryland, to serve as an assistant staff judge advocate. While at the academy, Commander Marks developed the position of legal adviser to the academy’s Sexual Harassment, Misconduct, and Assault Prevention and Response Team, taught Naval Law for the Junior Officer, and served as the officer representative for the midshipmen’s community service organization, the Midshipman Action Group.

From August 2007 until July 2009, Commander Marks was a member of the Special Assistant for Transformation’s team in the Office of the Judge Advocate General. She served as an action officer on a variety of strategic initiatives affecting recruiting, retention, and performance measurement for the JAG Corps. In July 2009, Commander Marks joined the Standards of Conduct and Government Ethics Branch of Code 13, the Administrative Law Division of the Office of the Judge Advocate General. She became the branch head in August 2010. Commander Marks reported aboard USS George H.W. Bush (CVN 77) in June 2011, during the carrier’s maiden deployment, and served as the command judge advocate and head of the legal department for two years. From June 2013 until June 2015, Commander Marks served as deputy legal counsel to the chief of Naval personnel/deputy chief of Naval operations (Manpower, Personnel, Training, and Education). Commander Marks joined the Navy–Marine Corps Court of Criminal Appeals as an appellate judge in June 2015. Her personal awards include the Meritorious Service Medal (gold star in lieu of third award), Navy Commendation Medal (gold star in lieu of second award), the Navy and Marine Corps Achievement Medal (gold star in lieu of second award), and the Military Outstanding Volunteer Service Medal.


the Pentagon; chief of military affairs and executive officer, HQ AETC/JA, Randolph AFB, Texas; deployed assistant legal adviser, HQ SFOR, Sarajevo, Bosnia and Herzegovina; executive officer to the vice commander, HQ AETC, Randolph AFB; deputy staff judge advocate, 86th Airlift Wing, Ramstein AB, Germany; deployed staff judge advocate, CTF ONW, Incirlik AB, Turkey; staff judge advocate, 81st Training Wing, Keesler AFB, Mississippi; chief, General Law Branch, Administrative Law Division, the Pentagon; chief, Trial Defense Division, AFLOA/ JAJD, Bolling AFB; staff judge advocate, HQ 12 AF (AFSOUTH), Davis-Monthan AFB, Arizona; deputy staff judge advocate, HQ ACC, Joint Base Langley-Eustis, Virginia; chief defense counsel, Military Commissions, Washington, DC; and appellate military judge, Air Force Court of Criminal Appeals, Joint Base Andrews, Maryland. Colonel Mayberry’s major awards and decorations include Defense Superior Service Medal, Legion of Merit, Meritorious Service Medal with five OLC, Air Force Commendation Medal, Joint Service Commendation Medal, and Joint Service Achievement Medal with one OLC.

Hon. Jill A. Pryor

IJA Report / Fall 2016

US Court of Appeals for the 11th Circuit Judge Pryor was nominated by President Barack Obama and confirmed by the Senate on September 8, 2014. Before joining the US Court of Appeals for the 11th Circuit in October 2014, she was a partner with Bondurant Mixson & Elmore, where she practiced business litigation in state and federal trial and appellate courts for 25 years. She was recognized in The Best Lawyers in America, “The Most Effective Lawyers in Georgia” (Georgia Trend), the “Top 100 Super Lawyers” (Super Lawyers), and Chambers and Partners (USA). Before entering private practice, Judge Pryor served as a law clerk to Hon. J.L. Edmondson, US Court of Appeals for the 11th Circuit. A former president of the Georgia Association for Women Lawyers and past chair of the State Bar of Georgia’s Appellate Practice Section, Judge Pryor currently serves on the State Bar’s Board of Governors and chairs its Access to Justice Committee. She is a graduate of Yale Law School and the College of William and Mary.


Hon. Robin S. Rosenbaum US Court of Appeals for the 11th Circuit Judge Rosenbaum was appointed as a judge for the US Court of Appeals for the 11th Circuit on June 3, 2014. Before becoming a United States circuit judge, Judge Rosenbaum served as a United States district judge and a federal magistrate judge in the Southern District of Florida. Before joining the bench, she served as the chief of economic crimes at the United States Attorney’s Office for the Southern District of Florida. She has also served as a law clerk to Hon. Stanley Marcus, United States circuit court judge for the 11th Circuit Court of Appeals. In addition, Judge Rosenbaum worked in private practice for Holland & Knight and served as staff counsel to independent counsel Daniel S. Pearson in the investigation of former United States Secretary of Commerce Ronald Brown. She began her legal career in the United States Attorney General’s Honors Program, where she served as a trial attorney in the Federal Programs Branch of the Civil Division of the United States Department of Justice. Judge Rosenbaum earned her undergraduate degree at Cornell University and her JD at the University of Miami.

Hon. Abbi Silver Nevada Court of Appeals Judge Silver was appointed to the Court of Appeals, Department 3, by Governor Brian Sandoval in December 2014. After receiving her JD from Southwestern Law School, Judge Silver served as a judicial law clerk to Hon. Earle White Jr. She joined the Clark County District Attorney’s Office as a deputy district attorney and was later assigned to the Special Victims Unit, where she ultimately became the chief deputy. Although she specialized in prosecuting and convicting perpetrators for murder, sexual assault, and child abuse, she gained notoriety for prosecuting high-profile cases. Judge Silver prosecuted and convicted John Wayne Bobbitt and Floyd Mayweather Jr. for domestic violence and stalking. She also prosecuted and convicted the stalkers of US Senator Harry Reid, US Senator John Ensign, entertainer Jerry Lewis, former Sheriff Jerry Keller, and casino mogul Steve Wynn. Before becoming an appellate judge, she was a presiding judge in municipal, justice, and district courts. In January 2017, Judge Silver will make history as she will be appointed the first female chief judge of the Court of Appeals of Nevada.

Hon. Tracy M. Smith Minnesota Court of Appeals Judge Smith was appointed to the Minnesota Court of Appeals in February 2016 by Governor Mark Dayton. Before her appointment, Judge Smith was serving as deputy general counsel for the University of Minnesota. Judge Smith has spent her entire legal career in public service. She began her legal career as a law clerk to Hon. Max Rosenn, US Court of Appeals for the Third Circuit. She then served five years as an assistant attorney general to Minnesota Attorney General Hubert H. Humphrey III and 21 years in the office of general counsel for the University of Minnesota. Judge Smith received her bachelor’s degree cum laude from Georgetown University and graduated magna cum laude from the University of Minnesota Law School. She served on the Minnesota Commission on Judicial Selection and on committees of several bar associations. Judge Smith has also taught at the University of Minnesota and the William Mitchell College of Law and volunteered as an English-languagelearner teacher at a St. Paul community organization.

Hon. David A. Thompson

Hon. Walter F. Timpone New Jersey Supreme Court Justice Timpone was nominated by Governor Chris Christie and sworn in as an associate justice on May 2, 2016. Justice Timpone received a bachelor’s degree from St. Francis College in New York in 1972 and a master’s degree in special education from New York University in 1974. He worked as a special education teacher before earning his law degree from Seton Hall University School of Law in 1979. He is the former law clerk to the late US District Court Judge Vincent P. Biunno. Justice Timpone worked in private practice before joining the US Attorney’s Office in 1984, where he served as chief of special prosecutions. He also served as the first federal election monitor in Passaic County, where he was charged with ensuring the voting rights of the county’s Hispanic citizens and the county’s compliance with federal and state consent orders. He also served as a commissioner on the New Jersey Election Law Enforcement Commission from 2010 to 2016. Justice Timpone returned to private practice in 1995 and was a partner at the law firm of McElroy, Deutsch, Mulvaney & Carpenter at the time of his appointment.

Hon. Francis J. Vernoia New Jersey Superior Court, Appellate Division Judge Vernoia was appointed to the Superior Court of New Jersey in February 2010, has served in the Criminal and Family divisions, and was the presiding judge of the Monmouth County Criminal Division for three years. Judge Vernoia was appointed to the Appellate Division of the Superior Court in October 2015.

California Court of Appeal for the Fourth District Associate Justice Thompson was appointed to the California Court of Appeal, Fourth Appellate District, Division Three, on May 18, 2012, and was confirmed by the Commission on Judicial Appointments on June 28, 2012. The California State Bar Commission on Judicial Nominees Evaluation unanimously ranked Justice Thompson “exceptionally well qualified” for appointment to the Court of Appeal. Before being elevated, Justice Thompson was an Orange County Superior Court judge for 15 years and served as the assistant presiding judge of that court in 2011 and 2012. As a Superior Court judge, he presided over all types of civil and criminal matters at both the general and limited jurisdiction levels. He was a member of the felony panel from 2008 to 2011, the general civil panel from 2002 to 2008, and the limited jurisdiction panel from 1997 until 2001. Before taking the bench, Justice Thompson was an attorney with Morrison & Foerster in Irvine. As a member of the litigation group in 1996 and 1997, he handled general civil, construction defect, and product liability cases. As a member of the real estate group from 1988 until 1996, he was involved in the acquisition, sale, development, and financing of real property. Justice Thompson was a civil litigation attorney in Costa Mesa from 1983 until 1988. He maintained a general civil trial practice, handling contract and business

tort cases, subsidence litigation, product liability defense, and landlord-tenant disputes. He also handled numerous writs and appeals. In 1983, Justice Thompson was a staff attorney for Associate Justice Edward J. Wallin of the California Court of Appeal, Fourth Appellate District, Division Three. He prepared draft opinions and performed research for Justice Wallin and other members of the court. He was also an extern in 1982 with Justice Wallin, then sitting as an Orange County Superior Court judge. Justice Thompson received his JD from the University of California at Los Angeles (Order of the Coif) in 1983 and his BS in business administration (finance) from Georgetown University (summa cum laude) in 1980.


Hon. Michael Jay Willson Texas 11th Court of Appeals Justice Willson was elected to the 11th Court of Appeals in 2012 and initially took office by Governor Perry’s appointment on November 30, 2012. Before joining the court, Justice Willson had a trial and appellate practice as a shareholder at a firm in Midland. Before that, he was a litigation associate in Dallas and San Antonio. From 1985 to 1992, Justice Willson served on active duty as a captain in the United States Air Force. As a KC-135/RC-135 instructor navigator, he flew both air refueling and reconnaissance missions and was deployed to Saudi Arabia and Panama. For his service, he received the Meritorious Service Medal, the Aerial Achievement Medal (two oak leaf clusters), and the Armed Forces Expeditionary Medal. Justice Willson earned his BS in education, summa cum laude, from the Ohio State University, where he was a President’s Scholar and member of the 1983 Big Ten gymnastics championship team. He earned his law degree, cum laude, from Notre Dame Law School, where he was a John Bruce Dodds Memorial Scholar in London, England, and the production editor of the Notre Dame Law Review. As a graduate assistant at Notre Dame, Justice Willson taught legal writing and research. After graduation, he also taught as an adjunct professor at Texas Tech University School of Law. An Eagle Scout, Justice Willson volunteers for the Boy Scouts of America’s Buffalo Trail Council and is a board member for the Texas Trails Council. He also serves on the board of directors for the Midland-Odessa Symphony and Chorale.

IJA Report / Fall 2016

Hon. Stefan R. Wolfe


US Army Court of Criminal Appeals Lieutenant Colonel Wolfe became the Army Court of Criminal Appeals’ newest judge when he joined the court in September 2015. Before his current assignment, Lieutenant Colonel Wolfe was part of the Department of Defense General Counsel’s Office, where he was tasked with proposing changes to the Uniform Code of Military Justice with regard to sentencing and appellate review procedures. His previous assignments also include serving as a trial judge (covering courts-martial arising in the Pacific Northwest, Alaska, and Hawaii); serving as the chief and deputy chief of the organization that trains and provides assistance to Army prosecutors worldwide; and serving as the chief of justice at the Military District of Washington. Before becoming a judge advocate, Lieutenant Colonel Wolfe was a scout helicopter pilot with service in Germany and Kosovo.

Lieutenant Colonel Wolfe received his undergraduate degree in computer science from West Point in 1996, his JD from the Rutgers Law School (magna cum laude) in 2004, and an LLM from the Judge Advocate General’s School in 2009. He is a member of the bars of New Jersey, the US Court of Appeals for the Armed Forces, and the United States Supreme Court.

Hon. Rhonda K. Wood Arkansas Supreme Court Justice Wood was elected without opposition to the Arkansas Supreme Court in 2014. Before that, she had served two years on the Arkansas Court of Appeals and six years on the trial bench as a circuit judge. Before taking the bench, Justice Wood was the assistant dean of student development at the University of Arkansas at Little Rock Bowen School of Law, where she taught Health Law and Business Law courses. She continues to serve as an adjunct professor and coaches the trial teams. Justice Wood received her BA in politics from Hendrix College, where she graduated magna cum laude with distinction, and received her JD from the UALR Bowen School of Law, where she graduated with the highest honors. She received the top score on the Arkansas Bar Exam. Justice Wood became a certified instructor for the National Center for State Courts and conducts education programs for other judges, including the Arkansas New Judges Boot Camp. Justice Wood has been very active in the Arkansas Bar Association and the Arkansas Judicial Council. She chairs the Arkansas Supreme Court Commission on Children, Youth, and Families. She serves on the Judicial Council’s Long Range Planning; Racial, Gender, and Ethnic Fairness; Legislative; and Education committees. She co-chaired the Juvenile Drug Court Committee. Additionally, she was a founding board member of the nonprofit free medical clinic Conway Interfaith Clinic, and board member of the Nominating Committee for Big Brothers Big Sisters of Central Arkansas. Justice Wood spent six years as a delegate to the Arkansas Bar Association and was chair and legislative liaison on several committees.

Spotlight on IJA Summer Fellows 2016


ach year, IJA selects three or four outstanding

constitutional law, civil rights litigation, and education

first-year NYU Law students from a pool of

law and policy. I intend to pursue a career in public

qualified applicants to serve as IJA Summer

interest work after graduation. This year, I will be in the

Fellows. Selected students attend the New

LGBTQ Rights Clinic/Externship, where I will work at a

Appellate Judges Seminar (AJS). Under the supervision

nonprofit legal organization serving the legal needs of

of the seminar co-directors, Summer Fellows research

people who identify as LGBTQ. I am also a staff editor for

developments in state constitutional and US Supreme

the Annual Survey of American Law, co-chair of BALSA’s

Court criminal law, prepare a bench memorandum for the

Political Action Committee, and a producer for Law Revue,

AJS moot court, and research judicial ethics questions

NYU Law’s annual student-produced musical parody.

posed by attending judges. Summer Fellows also assist

I found working as an IJA Fellow to be an incredibly

IJA faculty on other projects. Prior IJA Summer Fellows

rewarding experience. My work this summer mostly

have gone on to clerk in federal and state courts as well

involved summarizing United States Supreme Court

as at the US Supreme Court. The Summer Fellowship is

cases that dealt with issues of criminal law. NYU Law

a part of IJA’s proud tradition at NYU Law, with Martin

Professor Andrew Schaffer and Judge Reena Raggi used

Lipton LLB ’55, chair emeritus of NYU Law’s Board of

this criminal law update in a panel presentation to the

Trustees, as an early IJA research assistant, a precursor

attending judges. In addition, I worked with Judge

to the Summer Fellows program.

Jeffrey Sutton and Suchita Mandavilli (IJA Fellow) to produce a summary of recent state court cases dealing

Joy-Annette Atsegbua

with independent state constitutional law. Both projects

I am a second-year student at

allowed me to explore rich and interesting areas of the

NYU Law. Before coming to NYU,

law. Finally, the fellowship gave me an opportunity to

I studied political science and eco-

meet and connect with many state and federal appel-

nomics at Emory University. As an

late judges, to work closely with Professors Chase and

undergraduate, I took a number of research-intensive courses and pursued independent

Samaha, and to attend the many excellent presentations throughout the seminar.

research outside of the classroom. I applied for the IJA Summer Fellowship because I

Suchita Mandavilli

wanted to delve back into research after my first year of

I’m a second-year student at NYU

law school. The IJA fellowship provided an opportunity

Law. I applied for the IJA Summer

to do concentrated legal research in a way that is oth-

Fellowship program because after

erwise unavailable during the first year of law school. I

a year of reading cases, I was inter-

thoroughly enjoyed my experience with the IJA because I

ested in learning more about the

was challenged to produce high-quality work and learned

judicial process and everything that goes into making a

a tremendous amount about fascinating legal topics, legal

decision and crafting an opinion. I really appreciated the

research, and legal writing. I am incredibly grateful for the

intelligence and thoughtfulness of all the judges at the

relationships I was able to develop and deepen through the

seminar and learned so much from their conversation. It

IJA fellowship and for my newfound understanding of the

was an amazing opportunity to get to co-author a bench

role and perspective of judges within the courts system.

memo, and I really enjoyed working with Professors Chase and Samaha. Before NYU, I got my undergraduate degree

Lance C. Bowman

at Princeton University, where I concentrated in political philosophy. I also spent a year working at EveryoneOn, a

Law. Originally from Atlanta, I

national nonprofit working to eliminate the digital divide

graduated from Georgia Southern

by providing affordable Internet access to low-income

University in 2010 with a BA in phi-

households. I engaged in a lot of independent research

losophy and worked as a customer

while at Princeton and am grateful I had the opportunity

service agent for a major airline for four years before

to learn more about the legal research process in such

coming to law school. My curricular interests include

an intellectually stimulating environment.

I am a second-year student at NYU


IJA Board of Advisors News Two members of IJA’s Board of Advisors were recently elected to the Council of the American Law Institute. Congratulations to Patricia A. Millett of the US Court of Appeals for the District of Columbia Circuit and faculty member of IJA’s Appellate Judges Seminar; and to Stuart


Rabner, chief justice of the New Jersey Supreme Court



and former lecturer at the IJA’s Annual Brennan Lecture

the Eastern District of New York, has joined Debevoise &

on State Courts and Social Justice. Hon. John Gleeson,

Plimpton as a Partner in the White Collar & Regulatory

former federal prosecutor and then US District judge in

Defense and Commercial Litigation Groups.

IJA Board of Advisors*

Hon. Robert A. Katzmann

Hon. Shirley S. Abrahamson

Thomas C. Leighton

Justice, Wisconsin Supreme Court

Sheila L. Birnbaum LLB ’65

Chief Judge, US Court of Appeals for the Second Circuit Vice President, Thomson Reuters

Hon. Jonathan Lippman ’68

Partner, Quinn Emanuel Urquhart & Sullivan

Latham & Watkins

Paul T. Cappuccio

Founding Partner, Wachtell, Lipton, Rosen & Katz

Executive VP and General Counsel, Time Warner

Evan R. Chesler ’75 Chairman, Cravath, Swaine & Moore

Paul D. Clement

Martin Lipton LLB ’55

Robert A. Long Partner, Covington & Burling

IJA Faculty Co-Directors Oscar G. Chase

Samuel Estreicher

IJA Executive Director Torrey L. Whitman (212) 998-6149

Hon. Patricia Ann Millett

Partner, Kirkland & Ellis

Judge, US Court of Appeals for the DC Circuit

IJA Associate Director

Hon. Jeremy D. Fogel

Trevor W. Morrison

Allison H. Schifini ’95

Director, Federal Judicial Center

Hon. John Gleeson

Dean, New York University School of Law

Partner, Debevoise & Plimpton

Hon. Stuart Rabner

(212) 992-6289

Chief Justice, New Jersey Supreme Court *In formation

Support IJA!

IJA Report / Fall 2016

Because of the limited resources of the state and federal courts, IJA does not charge judicial participants fees that cover the full cost of its programs. IJA needs the support of its members and friends to carry on its important work in law and legal policy. All donations are tax-deductible to the extent allowable by law. Below are two ways to become a donor to the Institute today:


Online: You can donate online at membershipinformation.

By mail: You can also contribute to the institute by check. Enclose your name and address and make checks payable to IJA-NYU, then send to:

Institute of Judicial Administration New York University School of Law Wilf Hall 139 Macdougal Street, Room 420 New York, NY 10012

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