Institute of Judicial Administration (IJA) Newsletter Winter 2017

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

1

Justice Goodwin Liu Delivers IJA’s Brennan Lecture on State Courts and Social Justice

2

Annual Employment Law Workshop for Federal Judges

3

Remembrances:

Kenneth P. Thompson

Remembered by Doug Wigdor,

Wigdor LLP

4

Sheila Abdus-Salaam Remembered by Chief Judge Janet DiFiore, New York Court of Appeals

5

IJA’s 59th Annual Appellate Judges Seminar

22

Spotlight on IJA 2017 Summer Fellows

23

News from Board, Faculty, and Friends of IJA

24

Support IJA!

IJA in 2018!

March 8 (Thursday)

IJA’s 24th Annual Brennan Lecture on State Courts and Social Justice, featuring Chief Judge Janet DiFiore, New York Court of Appeals

winter 2017

State Constitutions and the Protection of Individual Rights: A Reappraisal Justice Goodwin Liu, California Supreme Court, Delivers the IJA’s 23rd Annual Brennan Lecture on State Courts and Social Justice

O

n March 23, 2017, Justice Goodwin

transcends state boundaries. This redundancy

Liu of the California Supreme Court

in interpretative authority is one way that our

discussed the role of state constitu­

system of government channels disagreement

tionalism in American jurisprudence.

in our diverse democracy. My contention is that

Liu focused on the legitimacy of

the legitimacy of state consti­

state courts interpreting state

tutionalism mainly turns on a

constitutional rights more

proper understanding of the

expansively than federal consti­

structure of our federal system,

tutional rights. He touched on

not on matters of interpretative

state courts resorting to unique

methodology.” He then went on

state sources, such as distinc­

to explore this contention with

tive text, purpose, or history of

the audience.

the state constitutional provi­

IJA’s annual lecture series

sion, then focused on whether

celebrating state courts honors

a state court can simply dis-

Justice William Brennan, who served five years on the New

agree with US Supreme Court interpretations of a protected right and adopt a

Jersey Supreme Court before his appointment

“dissenting” view as a matter of state constitu­

to the US Supreme Court. Brennan urged state

tional law. Examining the latter approach, which

courts to engage in robust and independent inter­

has become more prevalent, Liu remarked that

pretation of the individual rights guaranteed

“when there is no state-specific text or history to

in state constitutions. Liu’s “reappraisal” was

guide the analysis, it is no embarrassment for a

delivered during the 40th anniversary of Bren­

state court to disagree with federal precedent

nan’s classic article “State Constitutions and

on the basis of constitutional reasoning that

Continued on page 2.

March 21-23 (Wednesday-Friday)

21st Annual Employment Law Workshop for Federal Judges, co-sponsored with the Federal Judicial Center and the NYU Center for Labor and Employment Law

April 13 (Friday)

Effective Appellate Advocacy: Views from the Bench and the Bar, Washington DC

July 15-20 (Sunday-Friday) IJA’s 60th Annual New Appellate Judges Seminar.

For information and reg­ istration: www.law.nyu. edu/centers/judicial/ appellatejudgesseminar

Continued from cover. the Protection of Individual Rights,” (90 Harvard Law Review 489 (1977)) one of the most-cited law review articles of all time, which spawned this vigorous and continuing debate over what approach state courts should take in interpreting state constitutional provi­ sions that are similar to those in the federal Constitution.

“When there is no state-specific text or history to guide the analysis, it is no embarrass­ ment for a state court to disagree with federal prec­ edent on the basis of constitutional reasoning that transcends state boundaries.”

NYU Law’s Dean Trevor Morrison and IJA Board of Advisors Member Meir Feder, a partner in Jones Day’s Issues & Appeals Practice in New York, gave introductory remarks. A dinner at NYU Law in Liu’s

From left: Hon. Raymond Lohier, US Court of Appeals for the Second Circuit; Hon. Randall T. Eng, NY Supreme Court, Appellate Division, 2nd Dept.; and Hon. Goodwin Liu

honor followed the lecture.

A unanimous vote of the California Commission on Judicial Appointments confirmed Liu on August 31, 2011. Before joining the state’s highest court, Liu

was a professor of law at the UC Berkeley School of Law. His primary areas of legal expertise are constitutional law, education law and policy, and the US Supreme Court.

He has published widely on these subjects in books, law reviews, and the general media.

From left: Professor Erin Murphy, NYU Law; Hon. Goodwin Liu; and Dean Trevor Morrison, NYU Law.

IJA Co-Hosts the 20th Annual Employment Law Workshop for Federal Judges

IJA Report / Winter 2017

I

2

n cooperation with the Federal Judicial Center and

judge, an experienced employee-side attorney, and an

the NYU Center for Labor and Employment Law,

experienced management-side attorney. Subjects ranged

IJA hosted 35 federal judges from around the coun­

from staples such as “Implicit Bias,” featuring Judge

try on March 8-10, 2017, at NYU School of Law for this

Jesse Furman of the US District Court for the Southern

annual workshop. The workshop provides the oppor­

District of New York, and “Retaliation and Whistleblow­

tunity for judges to learn about updates and elements

ers,” featuring Chief Judge Carl E. Stewart of the US

of labor and employment cases, as well as to gain

Court of Appeals for the Fifth Circuit, to evolving issues

practical insight for managing them. As one attend­

such as pay inequity and transgender rights, as well

ing judge reported: “I will use the content [of this

as new workplace technology issues such as privacy,

workshop] frequently in both case management and

the use of data analytics in management decisions,

for disposition of substantive issues.”

and electronic discovery.

Distinguished faculty are selected to provide a bal­ anced perspective, with each panel comprising a federal

Professor Samuel Estreicher created the workshop and has led it since its inception.

Kenneth P. Thompson

Remembered by Doug Wigdor, Wigdor LLP

Kenneth P. Thompson passed away on October 9, 2016. He graduated from NYU School of Law in 1992 and received the Arthur T. Vanderbilt Medal for contribution to the Law School community.

He was the first African American district attorney of Brooklyn. Thompson co-founded Thompson Wigdor with Doug Wigdor, whom IJA Report invited to write a remembrance of his late partner.

K

enneth P. Thompson’s legacy will likely be in the

for bilking his clients) on the 57th Floor of the Empire

area of criminal justice reform. Raised by a single

State Building. It was the start of something very special.

mother who was one of the first African American

Within a short period of time, we were fortunate to

New York City police officers to walk the beat, Ken started

handle some very-high-profile employment matters.

his career as a federal prosecutor in the Eastern District

We handled the first racial profiling case against Macy’s,

of New York and ended his career, after

which appeared on the front page of the

succumbing to colorectal cancer, as

New York Times; a landmark national

the Kings County district attorney. I

origin case against Marubeni Cor­

got to know Ken as my law partner for

poration; a large class action gender

more than 10 years between his stint

discrimination case against Dresdner

as an assistant United States attorney,

Bank; and many other cutting-edge

holding accountable those responsible

employment cases. Ken proved to be an

for the brutal attack of Haitian immi­

incredible trial lawyer in the civil arena,

grant Abner Louima, and his time as the

winning many multimillion-dollar trial

Kings County DA, where he initiated a

verdicts in the Southern District of

conviction integrity unit that is now a

New York, including a closely watched

model across the nation.

retaliation and defamation case against

In 2001, I joined Morgan, Lewis & Bockius as a senior

Source magazine (the so-called bible of hip-hop) and

associate. At a reception during my first week at Morgan

a race discrimination case against a company called

Lewis, I heard a group of younger lawyers talking about

Concepts in Staffing Inc. We handled countless other

a new trial lawyer who had just started and who had

discrimination and retaliation cases that were resolved

handled some high-profile matters and made a favorable

confidentially, and Ken always enjoyed a spirited debate

impression in the trial lawyers’ community. Thinking

with his adversaries in the interest of our clients. Ken

they were talking about me, I nudged my way into the

also worked with Senator Chuck Schumer on reopening

conversation to introduce myself—only to learn that they

the investigation into the death of Emmett Till, and he

were talking about Ken! I thought to myself, I need to

had a close working relationship with Congressman

find out more about him. And, thankfully, I did.

Hakeem Jeffries [’97]. Of course, in 2011, Ken took the lead in representing Nafissatou Diallo, who had been sexu­ ally assaulted by Dominique Strauss-Kahn at the Sofitel

time, he and I got to know each other quite well and began

Hotel. That case garnered worldwide media attention.

to discuss the journey of starting our own practice that

I always knew that one day Ken would move back into

would specialize in plaintiff-side employment matters.

the public sector. At a partners’ meeting one day, Ken said

We spent over a year planning our firm and detailing

that he had made the decision to run for political office. I

every single item so that we could hit the ground run­

told him that he would make an excellent mayor, but he

ning when we announced our departure from Morgan

said that he had his eye on defeating the long-term incum­

Lewis. Yes, a lot of time was spent arguing about whose

bent Kings County district attorney, Charles Hynes. Ken

name would appear first on the letterhead (he won out on

and I walked the streets of Brooklyn together campaign­

that—Thompson was a much easier name to remember

ing and fundraising, and I will never forget our evening

than Wigdor, after all). Subsequently, in 2003, we opened

together watching the primary returns, during which he

our law firm, subletting office space from an immigra­

became the Democratic candidate for Kings County DA.

tion lawyer (who later served a multiyear jail sentence

While I lost Ken as my law partner, the people of Brooklyn

law.nyu.edu/centers/judicial

Admittedly, it wasn’t easy to get to know Ken. He kept his feelings and thoughts close to his vest. However, over

3

won a partner who was steadfast in his commitment to

who helped him get to where he was. I was fortunate to

ensuring that the criminal justice system should not be

speak at Ken’s inauguration. Sadly, I also spoke at his

influenced by a victim’s or the accused’s status in the

funeral. It was (and remains) difficult to put into words

community, race, gender, or socioeconomic status. These

my feelings for Ken. He was one of my closest friends

ideals of Ken’s were evident to me in my years as his part­

and my former business partner. No doubt that Ken was

ner, so it was not surprising to see how he put them into

a very serious person, but Ken had an incredible sense

operation as the Kings County district attorney.

of humor, grace, and smile. It is those attributes that I

Over the years in which Ken served in that role, he

will miss most about him, and for those who had the

and I would regularly meet and discuss how blessed he

fortune of working with him or even against him, I am

felt to be serving the public. Ken also never forgot where

confident that they too will remember that Ken was a

he had come from, his humble upbringing, and those

lawyer of compassion and integrity.

Judge Sheila Abdus-Salaam Remembered by Chief Judge Janet DiFiore, New York Court of Appeals

Sheila Abdus-Salaam, an alumna of IJA’s Appellate Judges Seminar, was the first African American woman to serve on New York’s highest court. IJA Report asked current Chief Judge Janet DiFiore to share her personal remembrance of Judge Abdus-Salaam.

I

am grateful to the Institute of Judicial Administra­

the law of our State and affecting the lives of countless

tion for inviting me to submit a brief tribute in honor

New Yorkers. In Brooke S.B. and Elizabeth A.C.C., 28 NY3d

of New York Court of Appeals Judge Sheila Abdus-

192 (2016), she authored a landmark decision declaring

Salaam, who passed away tragically this past April.

From humble beginnings growing up in a large

biological parents. In another notable decision, People v.

working-class family in the District of Columbia,

Bridgeforth, 28 NY3d 567 (2016), she affirmed on behalf

Sheila enjoyed an outstanding legal

of our Court that the color of a person’s

and judicial career that culminated in

skin cannot be used as a basis for select­

her 2013 appointment to the New York

ing or excluding potential jurors.

Court of Appeals by Governor Andrew Cuomo, making her the first African

person. While she was quiet and pri­ vate, she had a generous spirit and was

State’s highest court.

always kind, supportive and positive toward friends, colleagues and staff.

lege and Columbia Law School, Sheila

Judge Abdus-Salaam was beloved

served low-income New Yorkers as a

by the legal community for her lifelong

staff attorney with East Brooklyn Legal

commitment to public service, and for

Services. She later worked as an Assis­

generously sharing her time, talent, and

tant State Attorney General in the Civil Rights Division

enthusiasm for the law with countless bar associations,

before being elected to the New York City Civil Court

law schools, and young and aspiring lawyers.

and beginning her meteoric rise through the ranks of New York’s trial and appellate courts.

IJA Report / Winter 2017

Sheila was an absolutely lovely

American woman ever to serve on our After graduating from Barnard Col­

4

that same-sex parents have the same parental rights as

It was truly a privilege to serve on the Court of Appeals

The untimely passing of Judge Sheila Abdus-Salaam has left a void on our Court, in our legal community, and in the lives and hearts of her family, friends, and

with Judge Abdus-Salaam. She was a wise, knowledgeable,

colleagues. We take comfort in knowing that she leaves

fair, and balanced judge with a wonderful temperament:

a lasting legacy of service to others. In the words of Gov­

measured, even-keeled, and always respectful.

ernor Andrew Cuomo, she was ““a force for good.”” We

Over the course of her many years on the bench, Sheila issued or participated in thousands of decisions shaping

shall miss her and cherish her memory.

IJA’s 59th Annual Appellate Judges Seminar Each year since 1956, IJA has hosted a weeklong New Appellate Judges Seminar (AJS) for federal, state, and military appellate judges. Offered in cooperation with the Federal Judicial Center’s orien­ tation program for new appellate judges, AJS combines practical training on collegiality, ethics, and opinion writing, with substantive legal discussions on topics such as statutory interpretation and criminal law. A moot oral argument 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 or to register for the next New Appellate Judges Seminar, July 15-20, 2018, please visit www.law.nyu.edu/centers/judicial.

T

his summer, from July 16 to 21, 2017, IJA hosted its largest AJS class ever, with four dozen new

Additional faculty members included judges and aca­

appellate judges from across the country. Jeffrey

demics experienced in areas ranging from psychology and

B. Wall gave the opening address, describing his demand­

judicial ethics to legal opinion writing. Two associates

ing daily work life as then Acting US Solicitor General.

from the law firm Vinson & Elkins, Joshua S. Johnson and

The weeklong judicial faculty consisted of Judge Shirley

Conor P. McEvily, argued the moot court appeal under the

Abrahamson of the Wisconsin Supreme Court, Judge

supervision of Vinson & Elkins Partner and IJA Board of

Gary Katzmann of the US Court of International Trade

Advisors Member John P. Elwood.

(formerly of the Massachusetts Appeals Court), Judge

Here is what some attending judges had to say:

Patricia A. Millett of the US Court of Appeals for the DC Circuit, Judge Diarmuid O’Scannlain of the US Court of

“I have been to many training seminars, and this was the

Appeals for the Ninth Circuit, Justice Cleo E. Powell of

best. Engaging, great mix of topics, and all relevant to

the Virginia Supreme Court, Judge Jeffrey Sutton of the

appellate judges; material was helpful and appreciated.”

US Court of Appeals for the Sixth Circuit, and Judge Sue Walker of the Texas Second Court of Appeals. The seminar

“This is a superb program. Hats off to NYU for putting

was hosted and supervised by IJA Faculty Directors Oscar

together a first-rate faculty and then treating the student

Chase and Troy McKenzie ’00 with support from Faculty

judges to a week’s worth of great instruction, interaction

Director Samuel Estreicher on the moot court.

with colleagues from around the country, good food, and wonderful hospitality from our NYC hosts.”

law.nyu.edu/centers/judicial

5

New Appellate Judges Seminar

July 16-21, 2017 Attendees Kimberly S. Budd Massachusetts Supreme Judicial Court Associate Justice Kimberly S. Budd was appointed to the Supreme Judicial Court

by Governor Charlie Baker. Justice Budd earned her bachelor’s degree in English from Georgetown University, graduating magna cum laude in 1988, and a law degree from Harvard Law School in 1991.

She began her legal career as a law clerk to Chief Jus­ tice Joseph P. Warner of the Massachusetts Appeals Court in 1991. She was a litigation associate at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C. before serving as an assistant US attorney in the United States Attorney’s Office for the District of Massachusetts in the Major Crimes and Drug Units. After that, she was a university attorney for Harvard University in the General Counsel’s Office. She later served as director of the Community Values program at Harvard Business School.

Justice Budd was appointed as an associate justice of the Massachusetts Superior Court by Governor Deval Patrick in 2009. In 2016 she served as the regional administrative justice for Middlesex Criminal Business.

Justice Budd teaches in MCLE and bar association programs, is a former adjunct instructor at New England Law, and has taught trial advocacy at Harvard Law School.

She is married with two sons.

IJA Report / Winter 2017

Susan M. Carney

6

Alaska Supreme Court Justice Susan Carney was appointed to the Alaska Supreme Court in May 2016, following the retirement of Justice Dana Fabe.

She was born and raised in Worcester, Massachusetts.

After graduation from the Worcester public school system, she was awarded a scholarship to Harvard-Radcliffe College and then to Harvard Law School.

She graduated from law school in 1987 and was hired as a law clerk for Justice Jay Rabinowitz of the Alaska Supreme Court. Then-Public Defender Dana Fabe hired her as an assis­ tant public defender after she completed her clerkship.

Justice Carney worked as an assistant public defender in Anchorage and then Fairbanks for 10 years before being hired by the Office of Public Advocacy. From 1998 until her appoint­ ment to the Supreme Court, she served as an assistant public advocate, based in Fairbanks and representing indigent clients

throughout the Interior and North Slope of Alaska, as well as supervising the agency’s Fairbanks office.

Justice Carney served on the Alaska Bar Association’s Board of Governors from May 2015 through her appointment to the court. She was a member of the Supreme Court’s Crimi­ nal Pattern Jury Instruction Committee from 2006 until her appointment. She currently serves on the Supreme Court’s Child in Need of Aid Rules Committee and continues to be involved in community education programs, including judging and coaching the annual “We the People” civics competition for high school students. She is married to Peter Braveman and has two grown children.

Gregory T. D’Auria Connecticut Supreme Court Justice Gregory T. D’Auria is a Connecti­ cut native. Born on June 24, 1963, Justice D’Auria was sworn in as an associate jus­ tice on March 8, 2017. Prior to his appoint­ ment to the Supreme Court, he had worked in the Office of the Attorney General for more than 23 years in a variety of roles.

Justice D’Auria argued dozens of appeals in state and federal appellate courts during his years of service with the Office of the Attorney General, and until just before his appointment to the court had served as Connecticut’s first solicitor general, appointed to that position by Attorney General George Jepsen in 2011. Prior to that, he headed the Special Litigation and Chari­ ties Unit and also served as associate attorney general for litiga­ tion and as an assistant attorney general. Justice D’Auria was an associate at Shipman & Goodwin from 1989 to 1993 and served as a law clerk to Chief Justice Ellen A. Peters from 1988 to 1989.

In 2009, he was nominated and inducted as a fellow into the American Academy of Appellate Lawyers, a distinguished national organization that works to advance the administra­ tion of justice and promote the highest standards of profes­ sionalism and advocacy in appellate courts. Justice D’Auria has also served as a UCONN Moot Court instructor and was a founding director of the Connecticut Supreme Court Histori­ cal Society, serving most recently as secretary of the society’s Board of Directors.

Justice D’Auria graduated from the University of Con­ necticut, magna cum laude, in 1985, with a bachelor of arts degree, Phi Beta Kappa, in political science. He received his Juris Doctor degree from the University of Connecticut School of Law, with high honors, in 1988, where he also served as editor-in-chief of the Connecticut Journal of International Law.

Janet DiFiore New York Court of Appeals Chief Judge Janet DiFiore of the Court of Appeals of the State of New York was born in Mount Vernon, New York.

She graduated from C.W. Post Col­ lege, Long Island University (BA 1977) and from St. John’s University School of Law (Juris Doctor degree 1981). She was admitted to the Bar of the State of New York in 1982. Chief Judge DiFiore served as an assistant district attorney in the Westchester County District Attorney’s Office from 1981 to 1987, and from 1994 to 1998 as chief of the Office’s Narcotics Bureau.

From 1987 to 1993, Chief Judge DiFiore practiced law with the firm of Goodrich & Bendish. In 1998, she was elected a judge of the Westchester County Court, presiding over criminal and civil matters and sitting by designation in the Family Court, Surrogate’s Court, and Supreme Court. She served as a County Court judge until 2002, when she was elected a justice of the New York State Supreme Court. As a Supreme Court justice, she served as supervising judge of the Criminal Courts of the 9th Judicial District. In 2005, Chief Judge DiFiore resigned from the bench and was elected Westchester County district attorney. She served in this position from 2006 to 2016. On December 1, 2015, Governor Andrew Cuomo nominated her to the position of chief judge of the Court of Appeals of the State of New York. On January 21, 2016, her nomination was con­ firmed by the New York State Senate. Chief Judge DiFiore lives in Bronxville, New York, with her husband, Dennis E. Glazer.

They have three grown children and two grandchildren.

Anthony T. Febbo

Paul G. Feinman New York Court of Appeals Judge Paul G. Feinman was nominated

by Governor Andrew M. Cuomo to serve as an associate judge of the Court of Appeals, New York’s high court, on June 16, 2017. The NYS Senate unanimously confirmed his appoint­ ment on June 21, 2017.

Judge Feinman’s judicial career spans more than two decades: • November 1996—elected judge of the Civil Court of the City of New York; re-elected November 2006 • January 2004—designated an acting Supreme Court jus­ tice by the chief administrative judge • November 2007—elected justice of the New York State Supreme Court • October 2012—appointed an associate justice of the Appellate Division of the Supreme Court, First Department,

by Governor Cuomo Prior to being elected to the bench, Judge Feinman served as principal law clerk to Justice Angela M. Mazzarelli in both the Criminal and Civil Terms of the Supreme Court and the Appellate Division (1989-1996); as a senior staff attorney in the Legal Aid Society, Criminal Defense Division, in Manhattan (1987-1989); and as a staff attorney in the Appeals Bureau of the Nassau County Legal Aid Society (1985-1987).

law.nyu.edu/centers/judicial

US Army Court of Criminal Appeals Colonel Anthony T. Febbo assumed duties as an associate judge, United States Army Court of Criminal Appeals, in July 2016.

Colonel Febbo was born in Philadel­ phia and raised in Newtown Square, Pennsylvania. Colonel Febbo enlisted as a private first class in the US Army Reserve (USAR) in November 1984. He served as a paralegal specialist and paralegal NCO (staff sergeant) with the 79th ARCOM and 153rd Legal Support Organization (LSO) between 1984 and 1992.

In 1987, he received a BA in political science from Temple Uni­ versity. He received his Juris Doctor degree in 1992 from Temple University Beasley School of Law. He joined the Judge Advocate General’s Corps with a direct commission in 1993. Between 1997 and 2001, he served as an assistant district attorney in Delaware County, Pennsylvania, and an associate/litigation attorney in the firm of Swartz Campbell, Philadelphia. Colonel Febbo is a member of the State Bar of Pennsylvania. He is admitted to practice before the US Army Court of Criminal Appeals, US Court of Appeals for the Third Circuit, and the US Supreme Court.

Colonel Febbo’s assignments include: staff judge advo­ cate, 8th Theater Sustainment Command, Fort Shafter, Hawaii, 2014-2016; US Army War College fellow, Department of Justice, Civil Division, Washington, DC, 2013; chief, Environmental Liti­ gation, Environmental Law Division, US Army Legal Services Agency, Fort Belvoir, Virginia, 2011-2013; CENTCOM Regional Defense counsel, Iraq/Afghanistan, 2010; deputy staff judge advocate, III Corps, Fort Hood, Texas, 2008-2010; chief, Inves­ tigations Branch, OTJAG Administrative Law Division, Crystal City, Virginia, 2006-2008; deputy staff judge advocate CJTF-76, Bagram, Afghanistan, 2005; deputy staff judge advocate, US Army Southern European Task Force (Airborne), Vicenza, Italy, 2004; deputy staff judge advocate, 19th Theater Support Com­ mand, Camp Henry, Korea, 2003; administrative law attorney, OTJAG Administrative Law Division, Crystal City, Virginia, 2002; USAR legal advisor, 153rd LSO, Norristown, Pennsylvania, 1998­ 2001; chief, International and Operational Law, V Corps, Taszár, Hungary, 1997; trial counsel, 1st Armored Division, Tuzla, Bos­ nia, 1996; trial counsel, V Corps, Hanau, Germany, 1994-1995; legal assistance attorney, V Corps, Hanau, Germany, 1993.

Colonel Febbo is married to the former Anita Marie Mellone of Havertown, Pennsylvania. They have four children: Rebecca (22), Sara (20), Bryan (19), and Melissa (18).

7

In December 2016, Chief Judge Janet DiFiore appointed Judge Feinman to serve on the newly created Richard C. Failla LGBTQ Commission. Judge Feinman has a long history of active membership in judicial and bar associations. A few of these include: • New York State Bar Association (presiding member, Judi­ cial Section, 2012-2013; House of Delegates, 2013-2014) • Association of Supreme Court Justices of the State of New York (president, 2015; chair, Executive Committee, 2016) • Association of Supreme Court Justices of the City of New York, Inc. (first vice president, 2016-2017) • International Association of LGBT Judges (president, 2008-2011) • LGBT Bar Association of Greater New York (president, 1996) Judge Feinman received his BA in French literature and language from Columbia College, Columbia University, in 1981 and his Juris Doctor degree from the University of Minnesota Law School in 1985. As both an undergraduate and law student, he studied abroad in France.

Michelle T. Friedland

IJA Report / Winter 2017

US Court of Appeals for the Ninth Circuit Judge Michelle Friedland was appointed to the US Court of Appeals for the Ninth Circuit on April 29, 2014.

Judge Friedland received a bachelor of science degree in ecology and population biology in 1995 from Stanford Univer­ sity, graduating Phi Beta Kappa. She then studied philosophy at Oxford University as a Fulbright scholar, returning to California for law school. She received a Juris Doctor degree in 2000 from Stanford Law School, graduating Order of the Coif and second in her class. She served as a law clerk to Judge David Tatel of the US Court of Appeals for the District of Columbia Circuit and then to Justice Sandra Day O’Connor of the US Supreme Court.

Judge Friedland taught for two years at Stanford Law School before entering private practice at Munger, Tolles & Olson, where she was a litigation associate and then partner. She liti­ gated cases in the state and federal trial and appellate courts, with a particular focus on constitutional and antitrust issues.

Judge Friedland also has served as an adjunct professor at the University of Virginia Law School, teaching a course on constitutional issues in higher education.

8

Eileen T. Gallagher Ohio Court of Appeals for the Eighth District Judge Eileen T. Gallagher was elected to the Eighth District Court of Appeals in 2012. Judge Gallagher brings her

dedication to and enthusiasm for the law to the reviewing bench.

Prior to joining the appellate court, Judge Gallagher served as trial judge for eight years in the Cuyahoga County Common Pleas Court, General Division. During her tenure on the bench, she served on many court and community committees. Most notably, she served as chair of the Foreclosure Committee and was instrumental in creating a nationally recognized foreclo­ sure mediation program.

Judge Gallagher earned a diploma in nursing from St. Vincent Charity Hospital School of Nursing and a bachelor of nursing degree from Ursuline College and obtained her law degree from Cleveland-Marshall College of Law, Cleveland State University.

Before being elected to the bench, Judge Gallagher was engaged in the practice of law as a sole practitioner, a judicial staff attorney in the Cuyahoga County Common Pleas Court, General Division, a magistrate in the Foreclosure Department of the Cuyahoga County Common Pleas Court, General Divi­ sion, and an assistant prosecuting attorney in the Cuyahoga County Prosecutor’s Office.

Since starting with the court, she has served on the fol­ lowing court committees: Law Review, Policy and Procedure, Personnel and Finance, and Court Safety.

Judge Gallagher has been a member of various profes­ sional, civic, and community organizations. She is a presenter at various continuous education programs. Currently, she serves as a board member of the Ohio Supreme Court Com­ mission on Technology and the Courts, the Court Technology Committee, and the Appellate Law and Procedure Committee for the Ohio Judicial Conference.

Michael J. Garcia New York Court of Appeals Judge Michael J. Garcia, associate judge of the New York Court of Appeals, was born in Brooklyn, in October 1961. On January 20, 2016, Governor Andrew M. Cuomo nominated him to the Court of Appeals, and the New York State Senate confirmed his appointment on February 8, 2016.

Judge Garcia received his undergraduate degree with hon­ ors from the State University of New York at Binghamton in 1983 and an MA degree from the College of William & Mary in 1984. In 1989, he received his law degree (summa cum laude) from Albany Law School, where he graduated as valedictorian.

He began his legal career as an associate at Cahill Gordon & Reindel in 1989. From 1990 to 1992, he served as law clerk to the Honorable Judith S. Kaye, then associate judge of the New York Court of Appeals.

From 1992 to 2001, he served as an assistant US attorney for the Southern District of New York. In 2007, he became assistant secretary of Commerce for Export Enforcement in the Bureau of Industry and Security, and in December 2002, he became acting commissioner of the Immigration and Naturalization Service at the US Department of Justice. From March 2003 to August 2005, he served as assistant secretary for Immigration and Cus­ toms Enforcement at the US Department of Homeland Security.

Judge Garcia was the US attorney for the Southern District of New York from 2005 to 2008, when he joined Kirkland & Ellis.

Judge Garcia is on the Board of Trustees of El Museo del Barrio. He previously was vice president of the Americas for INTERPOL, the international police organization, from 2003 to 2006. From 2012 to 2014, he was chair of the Investigatory Chamber of the Ethics Committee of the Fédération Intematio­ nale de Football Association. Judge Garcia lives in Westchester, New York, with his wife and three children.

Brandon O. Gibson

Mississippi Court of Appeals Judge Jim M. Greenlee of Oxford joined the Mississippi Court of Appeals on January 20, 2016. Governor Phil Bryant appointed him to the vacancy created when Judge James D. Maxwell II was appointed to the Mis­ sissippi Supreme Court.

Judge Greenlee previously served as US attorney for the Northern District of Mississippi from 2001 to 2010. As US attorney, he headed the office that prosecuted public corrup­ tion and judicial influence cases and major drug distribution networks and assisted in the cold case investigation of the murder of Emmett Till. He served on the initial US Attorney General’s Advisory Council during the aftermath of 9/11. He also served on the Office of Management and Budget subcom­ mittee, the White Collar Crime subcommittee, the Controlled Substances/Asset Forfeiture subcommittee, and the Terrorism and National Security subcommittee.

Judge Greenlee’s service as a federal prosecutor spanned 22 years. He was an assistant US attorney in the Civil Division of the US Attorney’s Office from 1987 until 2001. He became the lead civil fraud attorney, trying bankruptcy, tort, employ­ ment rights, eminent domain, and white collar criminal cases.

He was in private practice with the Oxford firm of Hol­ comb Dunbar from 2010 until his appointment to the Court of Appeals in 2016.

Judge Greenlee earned a bachelor of engineering degree from the University of Mississippi in 1974 and a law degree in 1981. He served active duty in the US Navy from 1974 to 1978 and in the US Navy Reserve until 1997. During his reserve service, he was commanding officer of a Reserve Naval Criminal Inves­ tigative Service (NCIS) unit. He retired at the rank of captain.

Scott E. Harding US Air Force Court of Criminal Appeals Colonel Harding is currently serving as an appellate military judge, Air Force Court of Criminal Appeals, Joint Base Andrews Naval Air Facility, Maryland.

Colonel Harding has previously served as a military trial judge, an area defense counsel, a circuit defense counsel, a deputy chief of the Air Force Trial Defense Division, a deputy staff judge advocate, and four times as a staff judge advocate (once while deployed), Colonel Harding was born in Houston in 1969. He gradu­ ated magna cum laude from Texas A&M University. He received his commission through direct appointment in May 1995 and has performed duties as trial and defense counsel and military judge in more than 180 courts-martial. He is currently admitted

law.nyu.edu/centers/judicial

Tennessee Court of Appeals for the Western Section Judge Brandon O. Gibson is one of 12 members of the Tennessee Court of Appeals. She is a sixth-generation Ten­ nessean and was raised as the fourth generation to plow and plant a family farm in rural Dyer County, Tennessee. She gradu­ ated from Mississippi State University with a bachelor of science degree and a master’s degree in agribusiness management. She graduated from Southern Methodist University School of Law in 2000, practiced law in Texas for a year, and felt the pull back to West Tennessee, where she began practicing law in Jackson.

In private practice, Judge Gibson was a partner at Pentecost & Glenn, PLLC, where she primarily handled employment and civil rights defense cases. She was appointed to the Tennessee Court of Appeals by Governor Bill Haslam on December 26, 2013, was sworn in on September 1, 2014, and was retained in a state-wide retention election in August 2016.

Judge Gibson is a member of both the Texas and Tennessee Bar Associations. Within the Tennessee Bar Association, she is co-chair of the TBA’s Leadership Law program. She serves on the Tennessee Judicial Conference Executive Committee, Legisla­ tive Committee, and Technology Oversight Committee, and she is an active member of the Tennessee Supreme Court’s E-Filing Task Force. She is a graduate of the Tennessee Bar Association’s Leadership Law program and is a recent graduate of Leader­ ship Tennessee. She frequently speaks to bar associations on topics including social media, ethics, and appellate practice.

Judge Gibson lives on a small farm in Crockett County, Ten­ nessee, with her husband, her teenage daughter, 20 Charolais cattle, six horses, two goats, and two Border Collies.

Jim M. Greenlee

9

to practice law before the Supreme Court of Texas and the US Court of Appeals for the Armed Forces.

Colonel Harding’s major awards and decorations include being a distinguished graduate of the 53rd Military Judges Course; a Meritorious Service Medal with seven Oak Leaf Clus­ ters; an Air Force Commendation Medal with one Oak Leaf Cluster; a Joint Service Achievement Medal; and an Afghani­ stan Campaign Medal.

Thomas E. Humphrey Maine Supreme Judicial Court Associate Justice Thomas E. Humphrey graduated from Boston College and Bos­ ton College Law School, where he was a member and editor of the Boston College Law Review. He was appointed to the District Court in 1993 and served as its deputy chief judge from 1997 to 1998. In 1998, he was appointed to the Superior Court, served as its deputy chief justice from 2003 to 2004, and served as its chief justice from 2004 to 2015. He was appointed to the Maine Supreme Judicial Court in 2015 by Governor Paul R. LePage.

Justice Humphrey chaired the team responsible for imple­ menting the Family Division of the District Court and helped design and implement the Business and Consumer Docket, also known as the Business Court. He is co-editor of A Practi­ cal Guide to Superior Court Practice in Maine; a contributing author to A Practical Guide to Evidence in Maine; a member of the Maine Bar Association; and a member of the Maine Bar Foundation. He formerly chaired the Courts and Media Com­ mittee of the Judicial Branch and was a past president of the Edward Thaxter Gignoux Inn of Court. He was a member of the Family Law Advisory Committee (FLAC); the Committee on Judicial Responsibility and Disability; the Judicial Branch Advisory Committee on Fees; the Judicial Resources Team; and the Commission to Improve the Sentencing, Supervision, Management, and Incarceration of Prisoners.

IJA Report / Winter 2017

Kevin Jewell

10

Texas Court of Appeals for the Four­ teenth District Justice Kevin Jewell was elected to the Fourteenth Court of Appeals on Novem­ ber 8, 2016. Prior to his election, Jus­ tice Jewell was a litigation and appellate shareholder at Chamberlain, Hrdlicka, White, Williams & Aughtry in Hous­ ton, where he chaired the firm’s appellate practice group.

Before taking the bench, he handled hundreds of appeals and presented oral argument in over 100 cases collectively in the Supreme Court of Texas, all intermediate appellate courts in Texas, and several US courts of appeals. Justice Jewell has been board certified in civil appellate law by the

Texas Board of Legal Specialization since 1998. For over 10 years, he was recognized as a Texas Super Lawyer by Super Lawyers magazine. Justice Jewell is a member of the State Bar of Texas and Houston Bar Association and a fellow of the Texas Bar Foundation. He is a former adjunct professor at the University of Houston Law Center.

Justice Jewell received a bachelor of business administra­ tion degree with high honors from the University of Texas at Austin and a law degree from the University of Houston Law Center, where he served as chief case note and comment editor on the Houston Journal of International Law. Justice Jewell is a native Texan and an Eagle Scout.

Keith G. Kautz Wyoming Supreme Court Justice Keith G. Kautz serves on the Wyo­ ming Supreme Court. He was appointed to that position on August 4, 2015, by Governor Matthew H. Mead and was retained in office in the general election in November 2016.

Justice Kautz served as a district judge in Wyoming from Janu­ ary 1993 to August 2016. Before taking the bench, Judge Kautz was a member of the Torrington, Wyoming, law firm of Sawyer, Warren & Kautz. He graduated from the University of Wyoming School of Law in 1978.

While on the bench, Justice Kautz served on numerous boards and commissions, including the Wyoming Board of Judicial Policy and Administration, Wyoming Civil and Criminal Pattern Jury Instructions Committees, and the Wyoming Com­ mission on Judicial Conduct and Ethics. He is a commissioner on the Uniform Law Commission. Justice Kautz received the Wyoming State Bar Leadership award in 2006.

Justice Kautz and his wife, Karen, have been married 41 years and have three adult children.

Mary Lou Keel Texas Court of Criminal Appeals Judge Mary Lou Keel was elected to the Texas Court of Criminal Appeals in 2016.

From 1995 through 2016 she presided over the 232nd District Court in Harris County, Texas.

She also served Harris County as an assistant district attor­ ney at trial and on appeal. She was a briefing attorney for the First Court of Appeals from 1985 to 1986. She has been board certified in criminal law since 1990.

Judge Keel earned a BA in English from the University of Texas in 1982 and a Juris Doctor degree from the University of Houston Law Center in 1985.

She is married to attorney Jim Hippard, Jr., and they have three children, all now young adults.

Joy Cossich Lobrano

education, counseling, and legal services to the homeless and transient population.

Judge Lobrano lives in Belle Chasse, Louisiana, with her husband, attorney Francis J. “Jay” Lobrano, and has a daughter and a son.

Mary Bennett Malveaux

1998–2011

1994–1998

1993–1994

Virginia Court of Appeals 2016–present Court of Appeals of Vir­

ginia, judge

2011–2016 Henrico General District

Court, judge

Brenner, Evans & Millman, firm focuses on civil litigation, insurance defense, personal injury, and criminal defense; practice primarily involved insurance defense, general civil litiga­ tion, and criminal defense Henrico Commonwealth Attorney’s Office, assistant with the office handling criminal pros­ ecutions for the County of Henrico; handled a variety of cases, which included misdemeanor and felony trials EI Amin & Crawford, associate with the firm, which primarily handled civil rights litigation and criminal defense; practice focused on civil rights litigation

BAR ADMISSION 1993 Admitted to the Virginia State Bar 1999 Admitted to the Eastern District of Virginia EDUCATION 1990–1993 University of Richmond, T.C. Williams School of Law, Juris Doctor degree 1986–1990 University of Virginia, BA in English LEGAL ACTIVITIES Richmond Bar Association-Administration of Justice Committee, 1999–2001 Richmond Bar Association-Membership Committee, 2005-2008 Richmond Bar Association-Judiciary Committee, 2007-2011 John Marshall Inns of Court, 2011 Criminal Justice Service Board, member, 2014-present Advisory Committee on Rules of Court, 2014-2016 Judicial Mentorship program, 2014

law.nyu.edu/centers/judicial

Louisiana Court of Appeal for the Fourth Circuit Judge Joy Cossich Lobrano was elected and has served as an appellate judge on the Louisiana Court of Appeal, Fourth Circuit, since 2012, having previously been elected as a dis­ trict judge in the Louisiana 25th Judicial District Court (chief judge, 2009). She served as first assistant district attorney and as assistant district attorney for the Louisiana 25th Judi­ cial District, Plaquemines Parish, as well as practiced with the law firm of Lobrano & Lobrano. Her professional mem­ berships include the National Association of Women Judges; International Association of Women Judges; Plaquemines Bar Association; Louisiana State Bar Association; Louisiana and National Councils of Juvenile and Family Court Judges; and the American Judges Association.

Judge Lobrano received an LLM in taxation from New York University School of Law; a Juris Doctor degree (Law Review) from Loyola University School of Law, New Orleans, in 1988; and a bachelor of arts degree in political science and educa­ tion from Tulane University, Newcomb College. Her numerous awards and honors include the 2015 Louisiana State Bar Asso­ ciation’s Citizen Lawyer/Crystal Gavel Award; 2014 Trees for Life Recipient, Partners in Bravery, Fighting Child Neglect and Abuse; and 1986 Best Loyola Law Moot Court Brief Award. She has published and/or made numerous presentations, including the following: Comment; Casenote, “Contra Non Valentem,” 33 Loy.L.Rev. 1099 (1988); NYU School of Law Independent Study, “State and Local Taxation: United States Supreme Court’s Decisions on the Constitutionality of Retroactive Tax Legislation” (1993); Louisiana District Attorneys Association, “Public School Initiatives-Project L.E.A.D.” (2001 Fall Confer­ ence); Louisiana District Attorneys Association, “Reform from the Bench in Collaboration with Prosecutors: New Effective Approaches to the Delivery of Justice” (2009 Fall Conference); and Supreme Court of Louisiana Court Improvement Program, “Judicial Expectations for Juvenile Court Stakeholders” (2011).

Judge Lobrano strongly believes in community engagement and is the co-founder and former president, executive direc­ tor, and chair of the Board of Directors for the Plaquemines Community C.A.R.E. Centers Foundation, Inc., a multi-agency approach to providing wellness and behavioral health services to enhance the quality of life of residents and early intervention through multi-disciplinary approach of Criminal/Family/Juve­ nile Court stakeholders. Judge Lobrano was also a founding member of the Board of Directors for Eden House, Inc., and a founding member of the Board for the Bishop Perry Center for the Poor, a ministry of the Archdiocese of New Orleans, which uses a holistic model to provide spiritual, social services,

11

Rebeca C. Martinez Texas Court of Appeals for the Fourth District Justice Rebeca C. Martinez is the second of five children born to Antonio Marti­ nez, a Vietnam War veteran, and his wife of over 54 years, Manuela. Justice Martinez has lived in military bases all around the country and moved to Corpus Christi, Texas, just before her father’s retirement from the Navy.

Shortly before his retiring, he wore his full-dress uniform at her Quinceañera, and again 30 years later when she was sworn in as justice on the Fourth Court of Appeals of the State of Texas.

Justice Martinez is an honors graduate of Incarnate Word Academy in Corpus Christi and Southern Methodist University in Dallas, both with distinction. She is the recipient of the pres­ tigious Faculty Award from Boston University School of Law in Boston. She has clerked for both a federal judge and a state appellate judge and began private practice with two presti­ gious law firms before managing her own litigation practice for over 20 years prior to taking the bench. She has defended and prosecuted cases involving personal injury; construction defect; oil and gas, environmental, and toxic tort; as well as multi-party class action litigation both in state and federal court. After moving to San Antonio, she enlarged her practice to include family law and criminal defense.

A member of many organizations, Justice Martinez has been recognized for her outstanding service to the legal pro­ fession and to the public. She served on the board of the Texas Young Lawyers Association, and has been a long-time mem­ ber of the College of the State Bar and Pro Bono College. She served on the Curriculum Committee of the Texas Center for the Judiciary, the William S. Sessions Inns of Court, and vari­ ous leadership positions of many other bar associations and organizations. Justice Martinez currently serves on the boards of the San Antonio Bar Association and Mexican American Bar Association—San Antonio. She is most proud of her service, currently, as district director on the board of the National Asso­ ciation of Woman Judges, representing Texas, Oklahoma, and Arkansas. She has been selected to chair NAWJ’s 2018 Annual Conference, hosted in San Antonio, expected to draw hun­ dreds of federal, state, and international judges from across the globe, including members of the US Supreme Court.

IJA Report / Winter 2017

Christine E. Mayle

12

Ohio Court of Appeals for the Sixth District Judge Christine E. Mayle was elected to the Sixth District Court of Appeals in November 2016. Judge Mayle received her Juris Doctor degree, cum laude, from the University of Notre Dame Law School in 2001 and her BA degree, summa

cum laude, from Providence College in 1998.

Upon graduation from law school, Judge Mayle practiced law with Dewey Ballantine in New York City for several years.

She then moved to Toledo and joined the law firm of Cooper & Walinski LPA, where she practiced business litigation in state and federal courts across the country. In 2011, she joined Thacker Robinson Zinz LPA, where she continued her business litigation practice until her election to the Court of Appeals.

Judge Mayle has volunteered for several community and professional organizations. Currently, she is a sustaining mem­ ber of the Junior League of Toledo and a lifetime member of the Auxiliary of the ProMedica Toledo Hospital and Children’s Hospital. She served as editor-in-chief of the American Bar Association Section of Litigation’s Woman Advocate Commit­ tee’s award-winning newsletter, The Woman Advocate. She is a member of the Toledo, Toledo Women’s, Wood County, Ohio State, Ohio Women’s, and American Bar Associations.

Judge Mayle and her husband, Andrew, have three children.

Christopher McDonald Iowa Court of Appeals Judge Christopher McDonald was born overseas into a military family and raised in Des Moines. He earned his undergrad­ uate degree from Grand View University in 1997 and his law degree in 2001 from the University of Iowa College of Law, where he graduated with highest dis­ tinction and received the John F. Murray Award and Order of the Coif recognition.

After graduating from law school, Judge McDonald served as a law clerk to the Honorable David R. Hansen, US Court of Appeals for the Eighth Circuit. Judge McDonald then worked in private practice in Central Iowa for a number of years prior to being appointed to serve as a judge of the District Court, Fifth Judicial District of Iowa. In 2013, he was appointed to the Iowa Court of Appeals.

Anne K. McKeig

Minnesota Supreme Court Associate Justice Anne K. McKeig was appointed by Governor Mark Dayton on June 28, 2016, to the Minnesota Supreme Court. Justice McKeig joined the court on September 1, 2016. A descendant of the White Earth Nation, she is the first American Indian to sit on the state’s highest court. Her appointment created a women’s majority on the court.

Prior to her appointment to the Supreme Court, Justice McKeig was appointed to the bench as a district court judge in 2008. She served as presiding judge in Family Court in the Fourth Judicial District in Hennepin County, located in Min­ neapolis. That court was recently chosen as one of four in the

country to work on a three-year pilot program to examine how the court addresses domestic violence in contested custody and parenting time matters, including order for protection pro­ ceedings. Justice McKeig serves on a National Advisory Coun­ cil, working with Futures Without Violence and the National Juvenile and Family Court Judges Association (NJFCJ) on child welfare involving children and families experiencing domestic violence, and she sits on the Family Violence Domestic Rela­ tions Advisory Committee for NJFCJ. Justice McKeig is a former assistant attorney for Hennepin County, where she worked for over 16 years handling child pro­ tection cases and adoption matters with a specialty in cases that fall under the provisions of the Indian Child Welfare Act. Justice McKeig co-authored law school curriculum entitled Child Abuse and the Law, which she currently teaches at Mitch­ ell Hamline School of Law as an adjunct professor.

Justice McKeig has spoken at many national conferences regarding child protection issues and working with tribal com­ munities, as well as the intersection of family court and child protection and a multitude of other topics. She trained the Minnesota Department of Human Services for over 10 years on child protection procedures. She is currently a member of the Speakers Bureau for the National Child Protection Training Center, a past board member of the Minnesota Organization of Fetal Alcohol Syndrome, past member of the Governor’s Task Force on Fetal Alcohol Syndrome, and past chair and current board member of the Division of Indian Work, located in Minneapolis.

Justice McKeig is a native of Northern Minnesota, where she grew up on the Leech Lake reservation. She is married and a proud mother of five children.

Richard D. Mink

David N. Mortensen Utah Court of Appeals Judge David N. Mortensen was appointed to the Utah Court of Appeals in June 2016

by Governor Gary M. Herbert. Prior to his appointment, Judge Mortensen had been serving as a trial judge in the Fourth District Court since September 2006, as a presiding judge and associate presiding judge. Judge Mortensen graduated from the J. Reuben Clark Law School at Brigham Young University in 1993.

Prior to his appointment to the bench, Judge Mortensen was in private practice as a trial attorney. He is a member of the A. Sherman Christensen Inn of Court. He serves on the Utah State Bar Fee Arbitration Committee. Judge Mortensen is a member of the Utah Supreme Court Advisory Committee on the Rules of Evidence. He previously served as a member of the Utah Judicial Council and as a member of the Board of District Court Judges. Judge Mortensen also served on the Judicial Council Study Committee on Technology Brought into the Courtroom. In 2015 and 2016, he received the Judicial Excellence Award from the Litigation Section of the Utah State Bar and in 2016 received the Distinguished Service Award from the Government and Politics Legal Society of the J. Rueben Clark Law School. He has also served as an adjunct professor at the J. Reuben Clark Law School.

law.nyu.edu/centers/judicial

US Air Force Court of Criminal Appeals Colonel Richard D. Mink is an appellate military judge on the United States Air Force Court of Criminal Appeals. The Court of Criminal Appeals is an indepen­ dent judicial body authorized by Congress and established by The Judge Advocate General of the Air Force pursuant to 10 U.S.C. § 866(a). In his capacity as a judge, Colonel Mink rules on appeals from Air Force courts-martial cases worldwide when the approved punishment includes death, confine­ ment for one year or more, or a punitive discharge. Decisions of the Court of Criminal Appeals are reviewable only by the United States Court of Appeals for the Armed Forces and the US Supreme Court.

Colonel Mink was commissioned and entered active duty in March 1993 by accepting a direct commission and re-entered active duty in February 2015 after a 15-month break in service.

He has served as a staff judge advocate twice, a deputy staff judge advocate twice, an area defense counsel, and a circuit defense counsel. He also deployed in support of both Opera­ tion Iraqi Freedom and Operation Enduring Freedom.

Prior to entering the Air Force, Colonel Mink practiced law with civilian firms in Huntsville, Alabama, and Birmingham, Alabama, concentrating in general civil litigation and residen­ tial real estate loan closings. He is married to Colonel Lorraine Mink, who is a judge advocate in the Air Force Reserves. They have three children: Jesse (14), Selah (10), and Elizabeth (8).

Colonel Mink’s major awards and decorations include: Meritorious Service Medal with five Oak Leaf Clusters; Air Force Commendation Medal with one Oak Leaf Cluster; Army Com­ mendation Medal; National Defense Service Medal with Service Star; Iraq Campaign Medal; Global War on Terrorism Service Medal; Korean Defense Service Medal; and being named 2004 Headquarters United States Air Forces in Europe Outstanding Judge Advocate of the Year.

13

IJA Report / Winter 2017

Michael E. Mulligan

14

US Army Court of Criminal Appeals Colonel Michael E. Mulligan, US Army, Judge Advocate General’s Corps, assumed duties as senior judge, US Army Court of Criminal Appeals, in July 2015.

Colonel Mulligan was born in Niagara Falls, New York, and raised in Niagara Falls, Ontario. In 1981 he received a BA in English from the State University of New York at Oswego. He received his Juris Doctor degree in 1988 from University of Tulsa, John Rogers School of Law, Tulsa, Oklahoma. He served as assistant district attorney in Tulsa County, Oklahoma, before joining the Judge Advocate General’s Corps with a direct com­ mission in 1989. He received an LLM degree, with a criminal law specialty, from Judge Advocate General’s School in 1998 and a master’s degree in strategic studies from National Defense University in 2009. Colonel Mulligan is a member of the State Bar of Oklahoma. He is admitted to practice before the US Army Court of Criminal Appeals, the Court of Appeals for the Armed Forces, and the US Supreme Court.

Colonel Mulligan has been involved in the majority of Army high-profile cases since his first high-profile case, US v. Schap, a notorious beheading case in 1992. He was the first trial coun­ sel to obtain a life without parole sentence in a rape/murder case in 1999. He is the only military prosecutor to have suc­ cessfully obtained the death penalty in two cases.

Colonel Mulligan’s assignments include: chief, Criminal Law Division, Office of the Judge Advocate General, 2013-2015; chief, Government Appellate Division, 2010-2013; executive officer, Deputy Commanding General, Multi-National Forces Iraq, 2009; deputy judge advocate, US Army Europe, Heidel­ berg, Germany, 2007-2008; staff judge advocate, 7th Joint Multinational Training Center, Grafenwoehr, Germany, 2006­ 2007; staff judge advocate, 1st Infantry Division, Würzburg, Germany, 2005-2006; chief, Trial Counsel Assistance Program, US Army Legal Services Agency, 2003-2005; captain assign­ ments officer, PPTO, Office of the Judge Advocate General, 2001-2003; chief, Criminal Law, III Corps, Fort Hood, Texas, 1998-2000; litigation attorney, Environmental Law Division, US Army Legal Services Agency, Arlington, Virginia, 1995-1997; branch chief, Government Appellate Division, 1994-1995; offi­ cer-in-charge, Wiesbaden Legal Center, Germany, 1993-1994; trial defense counsel, 32nd Air Defense Command, Darmstadt, Germany, 1992-1993; trial counsel, V Corps, Frankfurt, Ger­ many, 1990-1992.

Colonel Mulligan is married to the former Nicki Marie Wal­ ters of Wagoner, Oklahoma, and has two children, Mark and Shannon.

Jeffrey Hunter Murphy North Carolina Court of Appeals Prior to his election in 2016, Judge (Jef­ frey) Hunter Murphy was a small-town attorney, first as a partner at Ridenour, Murphy & Goss in Sylva, North Carolina, and then as a solo practitioner for five years in Waynesville, North Carolina. His private practice consisted of civil litiga­ tion, criminal defense, and estate planning. In addition to his membership in the North Carolina Bar and the Federal Bar for Western North Carolina, he is an active member of the Bar for the Eastern Band of Cherokee Indians. Judge Mur­ phy has a BA from the University of North Carolina, where he double-majored in economics and religious studies. He went on to obtain his Juris Doctor degree from the University of the Pacific—McGeorge School of Law in 2006.

Born in Arizona on January 24, 1981, to Jeff and Melonie Murphy, Judge Murphy was raised in Waynesville, North Caro­ lina, with two brothers, Kyle and Blake, and was a varsity swim­ mer at Tuscola High School. Judge Murphy has been married to his wife, Kellie, for eight years, and they are the proud parents of boy-girl twins, Brayden and Eden. He enjoys spending time with his family in the mountains of North Carolina, attending sporting events, and being active in his community.

Judith K. Nakamura New Mexico Supreme Court Justice Judith Nakamura was appointed to the New Mexico Supreme Court in November 2015 after being recom­ mended by a nonpartisan Judicial Nomi­ nating Commission. She was sworn in as a Supreme Court justice in December 2015 and elected by her colleagues to serve as chief justice beginning in June 2017.

From February 2013 until joining the high court, she pre­ sided over criminal cases as a District Court judge in the Sec­ ond Judicial District. Justice Nakamura served for more than 14 years as a judge in the Bernalillo County Metropolitan Court, having been elected to that position in November 1998. While serving on the Metropolitan Court, she was elected by her peers to serve four terms as the court’s chief judge. In addi­ tion to managing a heavy case load, she was responsible for overseeing the court’s day-to-day operations.

Justice Nakamura obtained her undergraduate and law degrees from the University of New Mexico. After law school, she served as an assistant land commissioner and general counsel to the New Mexico Land Office. Prior to her judicial service, she spent most of her legal career in private practice.

In December 2004, Justice Nakamura was named Judge of the Year by the Albuquerque Bar Association. In September

2006, Mothers Against Drunk Drivers recognized her at its national convention with the President’s Award for Judge of the Year due to her efforts in the establishment of the Enhanced DWI First Offender’s program at the Metropolitan Court. The program has been credited with reducing recidivism. She has also been presented with the University of New Mexico Alumni Association’s Zia Award, given to recognize UNM alumni who have distinguished themselves in the community.

Justice Nakamura is an avid hot air balloon pilot who is a volunteer member of the Albuquerque International Balloon Fiesta’s Board of Directors.

John A. Pearce Utah Supreme Court Justice John A. Pearce was appointed to the Utah Supreme Court in Novem­ ber 2015. Prior to joining the Supreme Court, Justice Pearce served on the Utah Court of Appeals.

Justice Pearce started his legal career as an associate at Wilson Sonsini Goodrich & Rosati in Palo Alto, California. For many years, Justice Pearce was a shareholder and member of the Executive Committee at Jones Waldo in Salt Lake City. He has served as general counsel to Governor Gary Herbert. He has also been an adjunct professor at the S.J. Quinney College of Law at the University of Utah.

Justice Pearce graduated from Cyprus High School in Magna, Utah, holds a degree in economics from the Univer­ sity of Utah, and received his Juris Doctor degree from the University of California, Berkeley. Justice Pearce has served on a number of boards and committees, including the Salt Lake County Bar Executive Committee, the Guardian ad Litem Oversight Committee, the Salvation Army Citizens Advisory Board, and the Governmental Records Access and Manage­ ment Act Working Group.

Rebecca L. Pennell

Jill M. Pohlman Utah Court of Appeals Judge Jill M. Pohlman was appointed to the Utah Court of Appeals in May 2016 by Governor Gary Herbert. Judge Pohlman graduated magna cum laude from the University of Utah in 1993 and in 1996 received her Juris Doctor degree from the S.J. Quinney College of Law at the University of Utah, where she served on the Utah Law Review and graduated Order of the Coif. After law school, she clerked for the Honorable David K. Winder of the US Dis­ trict Court for the District of Utah. Prior to her appointment, Judge Pohlman was a partner at the law firm of Stoel Rives in Salt Lake City. She practiced there for 19 years, during which she maintained a complex civil litigation practice, including administrative, trial, and appellate work. She was a member of the Utah Supreme Court’s Ethics and Discipline Commit­ tee, during which time she acted as panel chair. She also served on the Utah Supreme Court’s Diversion Committee.

Judge Pohlman currently sits on the Utah Courts Committee on Judicial Outreach.

Geoffrey G. Slaughter Indiana Supreme Court Justice Geoffrey G. Slaughter was appointed to the Indiana Supreme Court

by Governor Mike Pence in May 2016. He took the oath of office as Indiana’s 109th Supreme Court justice on June 13, 2016.

Justice Slaughter was born in Gary, Indiana, in 1962 and grew up in nearby Crown Point. After graduating from high school in 1981, he attended Indiana University in Bloomington, where he was elected to Phi Beta Kappa and in 1985 received a BA in economics, graduating with high honors. In 1989, he received an MBA in finance from IU’s Kelley School of Busi­ ness and his Juris Doctor degree cum laude from IU’s Maurer School of Law. After law school, Justice Slaughter served for two years as a law clerk to Chief Judge Allen Sharp, United States District Court for the Northern District of Indiana in South Bend. He then worked in private practice with the Chicago office of Kirk­ land & Ellis, concentrating on antitrust, bankruptcy, and other

law.nyu.edu/centers/judicial

Washington Court of Appeals, Division III Judge Rebecca Pennell joined Division III of the Court of Appeals on January 19, 2016.

Judge Pennell grew up in Richland, Washington. She earned her law degree from Stanford Law School in 1996, graduating with distinction. After law school, Judge Pennell clerked for US District Court Judge Robert H. Whaley in Spokane. In 1999, Judge Pennell moved to Yakima after being awarded a legal services fellowship from the Skadden Fellowship Founda­ tion. Judge Pennell later joined the Federal Defenders, where she practiced for more than 15 years as a trial lawyer and

appellate counsel. In addition to her advocacy work, she helped establish re-entry drug court programs in Yakima and the Tri-Cities.

Judge Pennell lives in Yakima with her husband and daugh­ ter. She is committed to community service, including partici­ pation in Girl Scouts, as well as past service on the boards of the YWCA of Yakima and the Yakima Area Arboretum.

15

complex business litigation. From 1995 to 2001, he served as special counsel to the attorney general of Indiana.

Before joining the Indiana Supreme Court, Justice Slaugh­ ter was a partner with Taft Stettinius & Hollister in Indianapo­ lis and litigated complex business disputes in both state and federal courts.

Justice Slaughter has been an active member of the Sev­ enth Circuit Bar Association and the appellate practice sec­ tions of the Indiana State Bar Association and the Indianapolis Bar Association. Committed to furthering civics and constitu­ tional education, Justice Slaughter has volunteered as a judge for the “We the People” competition since 1996.

In his spare time, Justice Slaughter roots for the Chicago Cubs and IU football.

IJA Report / Winter 2017

John E. Sparks

16

US Court of Appeals for the Armed Forces Judge John E. Sparks, Jr. was appointed to the United States Court of Appeals for the Armed Forces by President Barack Obama on April 8, 2016.

Judge Sparks is a native of Mount Holly, New Jersey, and enlisted in the US Navy in July 1971. He was selected for the Naval Academy Preparatory School (NAPS) program after which he received an appointment to the US Naval Academy and began the course of instruction as a midshipman in July 1972.

Upon graduation from the academy, Judge Sparks accepted a commission as a second lieutenant in the US Marine Corps. He spent the first seven years of his career as an infantry officer and held billets typical for that occupational specialty, such as platoon commander, and rifle company commander. In 1983, he was accepted to the Marine Corps Excess Leave Law Program and began the study of law at the University of Connecticut School of Law. He was admitted to the Connecticut Bar in 1986 and was certified as a Marine Corps judge advocate.

Between 1986 and 1996, Judge Sparks served in a vari­ ety of legal positions, including military prosecutor, defense counsel, legal adviser to a naval hospital, three years as a military judge, and two years as military assistant and special counsel to the general counsel of the Navy. In May 1996, he was assigned to the White House to serve as a deputy legal adviser to the National Security Council. In January 1998, after 23 years of service to the US Marine Corps, he retired and was asked by Secretary of Agriculture Dan Glickman to serve as his special assistant for Civil Rights. There he was responsible for coordinating the various civil rights activities and issues for the department. Judge Sparks also was instrumental in the settlement of a class action lawsuit against the department

by African American farmers. In January 1999, he joined the

Department of the Navy as the principal deputy general coun­ sel of the Navy, where he was vested with full authority to act for and with the general counsel in all legal matters affecting the Department of the Navy.

In December 2000, Judge Sparks joined the US Court of Appeals for the Armed Forces as the senior legal advisor to then-Judge and later Chief Judge James E. Baker.

Judge Sparks lives in Virginia with his wife, Wendy. They have three grown children.

Stephanie F. Stacy Nebraska Supreme Court Justice Stephanie F. Stacy was appointed in 2015 to the Nebraska Supreme Court.

She previously served as a district court judge from 2011 to 2015 and during that time also served as a judge for the Adult Drug Court program.

Before her appointment to the bench, she was a partner in the law firm of Baylor, Evnen, Curtiss, Grimit & Witt, where her litigation practice focused on personal injury and wrongful death cases, insurance coverage and business disputes, and appeals at all levels.

Judge Stacy graduated with distinction from the University of Nebraska College of Law in 1991, where she was a mem­ ber of the Nebraska Law Review, the National Moot Court Team, and Order of the Coif. After graduating, she served as adjunct faculty at the College of Law, teaching trial advocacy and pretrial litigation.

Lisa K. Stark Wisconsin Court of Appeals for the Third District Deputy Chief Judge Lisa Stark is one of 16 intermediate appellate court judges of the Wisconsin Court of Appeals. She was elected as a judge of the Court of Appeals in 2013 and serves as presiding judge in District III, which comprises approximately the northern half of Wisconsin and reviews decisions from 72 circuit court branches. Stark served as a circuit court judge in a general jurisdiction court for Eau Claire County, Wisconsin, from 2000 to 2013. Prior to taking the bench, she was a partner in a civil practice firm concentrating primarily in the areas of civil and business litigation, insurance defense, and family law.

Judge Stark received her bachelor’s degree from the Uni­ versity of Wisconsin–Eau Claire in 1979 and her law degree from the University of Wisconsin Law School in 1982. Stark was a member of the Wisconsin Civil Jury Instruction Committee from 2001 to 2011 and continues to serve on that committee in an emerita capacity. She has spoken at many judicial and legal education seminars. She served as an associate dean of

the Wisconsin Judicial College from 2005 to 2010 and in 2010 was appointed as dean of the Wisconsin Judicial College, a position she continues to hold.

Judge Stark has served on a number of state boards and committees, including several legislative study committees, the Council on Offender Re-Entry, and the Wisconsin Judi­ cial Education Committee. Stark is a long-time proponent of integrating evidence-based decision-making into the justice system and has spoken statewide on that topic on many occa­ sions. She helped create a restorative justice program that has operated in Eau Claire County since 2002, helped initiate and presided for nine years over a drug court in Eau Claire County, and assisted in developing standards for Wisconsin treatment courts and training justice system partners in those standards. Stark also worked with Eau Claire County to obtain and administer national grants from BJA to implement EBDM practices county-wide—practices which have been used as models throughout Wisconsin and the United States.

Lidia S. Stiglich

Kara Farnandez Stoll US Court of Appeals for the Federal Circuit Judge Kara Farnandez Stoll was appointed by President Barack Obama in July 2015. Prior to her appointment, Judge Stoll practiced law for 17 years with the firm of Finnegan, Henderson, Farabow, Garrett & Dunner, where she specialized in patent litigation, with an emphasis on appeals. Judge Stoll served as an adjunct professor at George Mason University School of Law from 2008 to 2015 and at Howard University School of Law from 2004 to 2008. From 1997 to 1998, she clerked for the Honorable Alvin A. Schall of the US Court of Appeals for the Federal Circuit. Judge Stoll worked at the US Patent and Trademark Office from 1991 to 1997 as a patent examiner, at the Board of Patent Appeals and Interferences, and in the Solicitor’s Office. She received a Juris Doctor degree from Georgetown University School of Law in 1997 and a BSEE from Michigan State University in 1991.

law.nyu.edu/centers/judicial

Nevada Supreme Court Justice Lidia S. Stiglich was appointed to the Supreme Court of Nevada by Nevada Governor Brian Sandoval in November 2016.

Prior to her appointment to the Supreme Court, Justice Sti­ glich was appointed district court judge of the Second Judicial District Court by Governor Sandoval in November 2012 and was subsequently retained by voters in 2014. As the presiding judge in Department Eight of the District Court, Justice Stiglich heard civil and criminal trials. In addition to the duties in Department Eight, she served as the probate judge for the district and was also the co founder and presiding judge of the Youth Offender Drug Court. This specialty court was designed for the young adult population (ages 18 to 24) who are opiate/heroin users, as an alternative sentencing and rehabilitation program.

Justice Stiglich was chair of the Court Automation Enhancement Project (CAEP) Committee, co-chair of the Criminal Justice Advisory Committee (CJAC), co chair of the Civil Bench/Bar Committee, and an at-large board member of the Nevada District Judges Association. Justice Stiglich served on the Washoe County Law Library Board of Trustees, is a master member of the Bruce R. Thompson Inns of Court, and was formerly an alternate member of the Nevada Com­ mission on Judicial Discipline. Justice Stiglich is a member of the Nevada Supreme Court’s Indigent Defense Commission and the Commission on Statewide Rules of Criminal Proce­ dure. She has previously served as a member on the Supreme Court’s Commission on Statewide Rules of Criminal Procedure, Jury Instruction subcommittee, and the Nevada Legislature’s Advisory Commission on the Administration of Justice, both

as a member and on the Victims of Crime subcommittee. She is a member of the Washoe County Bar Association, the Clark County Bar Association, the Northern Nevada Women Lawyers Association, and the National Association of Women Judges.

Justice Stiglich graduated from the University of Califor­ nia, Berkeley with a BS in business administration, emphasis in finance. While at UC Berkeley, she was a member of the intercollegiate softball team. Justice Stiglich received her Juris Doctor degree from the University of California, Hastings College of the Law. Justice Stiglich’s experience includes significant federal and state criminal and civil matters, as well as administrative law. Prior to her appointment to the bench, she was founder and managing partner of Stiglich & Hinckley. In addition to her role at the firm, she also served as special counsel to Lieu­ tenant Governor Brian K. Krolicki, where she advised on legal matters related to economic development, tourism, cultural affairs, and other special projects. Justice Stiglich is admitted to practice law in Nevada and California.

Justice Stiglich currently serves as a faculty member at the National Judicial College and an instructor at the University of Nevada, Reno. She has served as an adjunct law professor at the John F. Kennedy School of Law, Golden Gate University School of Law, and New College of the Law. In addition to her professional affiliations, Justice Stiglich participates in several community organizations. She is a mem­ ber of the Reno Sunrise Rotary, serves as a board member for Friends of Nevada Mansion, and is a member of the Sierra Nevada Ballet Board of Directors.

17

Shonda D. Stone Louisiana Court of Appeal for the Second Circuit Judge Shonda D. Stone sits on the Loui­ siana Court of Appeal, Second Circuit, to which she was elected on March 5, 2016.

Judge Stone earned her Juris Doctor degree from Southern University Law Center in 1988 and her BS degree in accounting from Southern University in 1984. She practiced law briefly with her late father and attorney, Jesse N. Stone, Jr. in Baton Rouge, Louisiana, before relocating to Shreveport, where she entered full-time private practice.

Judge Stone was elected in 2008 to the Caddo Parish Juve­ nile Court, where she presided over delinquency, Children in Need of Care (CINC), Family in Need of Services (FINS), and adoption cases. She also presided over two of the most suc­ cessful and notable specialty courts in the State of Louisiana: Family Preservation Court (Adult Drug Court) and Good Sup­ port Court (Child Support Court).

She has served on the Louisiana Judicial College Board of Governors and the Judicial Budgetary Control Board since her appointments by the Louisiana Supreme Court in 2011 and 2015, respectively. She was the recipient of the 2012 Court Appointed Special Advocate (CASA) Judge of the Year award.

Judge Stone was honored with her portrait unveiling on the Judicial Wall of Fame at Southern University Law Center and was the keynote speaker for the 2017 Spring Law Center Commencement.

IJA Report / Winter 2017

Bonnie Sudderth

18

Texas Court of Appeals for the Second Circuit Justice Bonnie Sudderth began her judicial career in 1990, when she was appointed to serve as a municipal court judge for the City of Fort Worth. Five months later, she was designated chief judge of the courts, a position she held for six years.

In 1996, Judge Sudderth was elected to the district court bench, and after winning the primary election, Governor George W. Bush appointed her to serve on the court prior to her term commencing, in order to fill the vacancy. She served for more than 18 years as judge of the 352nd District Court, a trial court giving preference to civil cases, until Governor Rick Perry appointed her to the Second Court of Appeals.

For more than 15 years, Judge Sudderth has also served as an adjunct professor at Texas A&M University Law School (formerly Texas Wesleyan University Law School), teaching trials and appeals and a civil motion workshop to upper-level law students. In 2008, the Texas Wesleyan Law School Alumni

Association conferred upon her the Outstanding Adjunct Fac­ ulty Member Award.

In 2008, Justice Sudderth also received the Outstanding Mentor Award from both the Tarrant County Young Lawyers Association and the Texas Young Lawyers Association. In 2011, she received the Excellence in Justice Award.

Justice Sudderth is active in the Eldon B. Mahon Inn of Court as an emeritus master of the bench, past president, a member of the Honorary Serjeant’s Inn, and as a James B. Bar­ low emeritus fellow. On two occasions, she has participated as a delegate from the American Inns of Court to the Middle Temple and Inner Temple English Inns of Court in London. She currently serves as the webmaster for the Mahon Inn. Justice Sudderth is a prolific writer and speaker on legal topics, and she has twice received the “Outstanding Series of Articles” award from the State Bar of Texas. She is board certi­ fied in civil trial law and personal injury trial law. She is also a past president of the American Judges Association.

Martin J. Tangeman

• • •

• • • • • • • • • •

California Court of Appeal for the Second District • Associate justice, California Court of Appeal, Second Appellate District, Division Six, 2016-present Judge, San Luis Obispo County Superior Court, 2001-2016 Presiding judge, San Luis Obispo County Superior Court, January 2008 through December 2009 Assistant presiding judge, San Luis Obispo County Superior Court, January 2006 through December 2007 and January 2014 through December 2015 Civil team leader, San Luis Obispo County Superior Court, 2005, 2006, 2010, 2011, 2013 (5 terms) Member, California Judicial Council, 2014-2016 Vice chair, Trial Court Presiding Judges Advisory Commit­ tee, 2008 and 2009 (2 terms) Member, Trial Court Budget Working Group, 2008 and 2009 (2 terms) Chair, Advisory Committee on Civil Jury Instructions (CACI), 2014-present Member, Advisory Committee on Civil Jury Instructions (CACI), 2006-2014 Faculty/facilitator, Supervising Judges Institute, 2010, 2011, 2013, 2014 Faculty/facilitator, Presiding Judges and CEO Court Man­ agement Program, 2012-2015 Faculty, Civil Law Institute, 2015 Visiting professor, Universita degli Studi di Trento, Italy, spring semester 2013, on American constitutional law and common law

• Sinsheimer, Schiebelhut, Baggett & Tangeman, San Luis Obispo, California (partner 1984-2001; associate 1982-84) • Ogle, Gallo & Merzon, Morro Bay, California (associate 1978-1982) • Juris Doctor degree, University of California, Hastings Col­ lege of the Law, 1978 (Order of the Coif) • BA, California State University Fullerton, 1975

Shirley Troutman

Kentucky Supreme Court Justice Laurance B. VanMeter was elected to the Kentucky Supreme Court in November 2016 from the 5th Appellate District, comprising Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott, and Woodford Counties. Upon taking office on January 2, 2017, he became just the third justice to have served at all four levels of the Kentucky unified court system. Prior to being elected to the Supreme Court, Justice VanMeter served 13 years as a judge of the Kentucky Court of Appeals.

Justice VanMeter currently serves as the chairman of the Judicial Retirement Fund Investment Committee, having served two terms as chairman of the Board of Trustees of the Kentucky Judicial Form Retirement Systems, and as a member of the Civil Rules Committee of the Kentucky Supreme Court.

He served the Court of Appeals as acting chief judge during 2010 and as chief judge pro tempore from 2007 to 2010. He served as the Court of Appeals’ representative on the Ethics Committee of the Kentucky Judiciary from 2004 to 2012 and as its alternate member on the Kentucky Judicial Conduct Com­ mission from 2012 to 2016. In addition, Justice VanMeter has served on the Probate and Trust Legislative Committee of the Kentucky Bar Association, the Family Court Rules Committee of the Kentucky Supreme Court, and the Chief Justice’s Fayette County Family Court Task Force. He is a frequent speaker for continuing legal education.

Justice VanMeter received his undergraduate degree from Vanderbilt University and his law degree in 1983 from the Uni­ versity of Kentucky College of Law, where he was a member of the Order of the Coif and the Kentucky Law Journal.

Justice VanMeter practiced law with the Lexington firm of Stoll, Keenon & Park, where his practice areas included equine law, business planning and organizations, real estate, taxation, estate planning, trusts, and probate. He has been admitted to the Bar of the Supreme Court of the United States, and is a member of the Kentucky and Fayette County Bar Associa­ tions. From 1994 to 1999, he served as district judge for Fayette County, Division 1, of the 22nd Judicial District. Justice VanMe­ ter was appointed in 1999 to the Fayette Circuit Court Bench, on which he served until his election to the Court of Appeals.

Justice VanMeter has been actively involved in a number of community organizations, including Little League baseball, Lexington Youth Soccer, Boys & Girls Clubs of America, and Parents Place. He currently serves on the University of Ken­ tucky Libraries National Advisory Board and has served on the vestry of Christ Church Cathedral, on the Vanderbilt University Alumni Board of Directors, and on the Sayre School Board of Trustees. He is a fellow of the University of Kentucky, a life

law.nyu.edu/centers/judicial

New York Supreme Court, Appellate Division, Fourth Department Associate Justice Shirley Troutman sits on the New York Supreme Court, Appel­ late Division, Fourth Department. She previously served as a trial judge in New York State Supreme Court, assigned to the 8th Judicial District, where she handled matrimonial and general civil litigations matters.

Previously Justice Troutman was a county court judge, handling felony criminal cases, appeals, and civil matters.

Additionally, she served as a city court judge and presided over criminal and civil cases within that court’s jurisdiction.

She has served as an adjunct professor at the State University of New York at Buffalo Law School. She has served as a lec­ turer of the New York State Judicial Institute, as well as CLE programs and seminars, including serving as a faculty member for the National Judicial Institute on Domestic Violence. Prior to joining the bench, Justice Troutman was an assistant US attorney for the Western District of New York, assistant state attorney general, and an assistant district attorney. Justice Troutman received a BS from the State University of New York at Buffalo and a Juris Doctor degree from Albany Law School of Union University. She is also designated as an Advanced Science Technology and Resource (ASTAR) fellow, which is a program sponsored by the US Department of Justice. As an ASTAR fellow, she serves as a resource judge for members of the judiciary of New York State, handling complex cases involving scientific evidence.

Justice Troutman also served as a member of the editorial board that published “New York State Public Health Legal Man­ ual” in 2011 and authored a report on minority representation on juries in the 8th Judicial District that included recommen­ dations on how to improve diversity in jury pools. Additionally, Justice Troutman serves as a member of the NYS Advisory Committee on Judicial Ethics and is a member of the Ethics Commission for the NYS Unified Court System.

She has received the following honors: M. Dolores Denman Award—WNY Chapter of WBASNY, Legal Service Award—Minority Bar Association of WNY, Achievement Award—Committee on Women in the Courts and Local Spe­ cialty Bar Associations, and numerous other recognitions.

Laurance B. VanMeter

19

fellow of the Kentucky Bar Foundation, and a founding fellow of the Fayette County Bar Foundation. He is a member of Christ Church Cathedral. Justice VanMeter and his late wife, Lucy, are the parents of four children.

Julie J. Vargas New Mexico Court of Appeals EDUCATION • University of New Mexico School of Law, Albuquerque, New Mexico, August 1990-May 1993 (Juris Doctor degree) • Brown University, Providence, Rhode Island, August 1986­ May 1990 (AB, history and English literature) EMPLOYMENT • New Mexico Court of Appeals, judge, December 31, 2016-present • Hunt & Davis, P.C., shareholder, January 1, 2001-December 31, 2016; associate, September 8, 1994-December 31, 2001 • UNM School of Law, adjunct professor (ethics), January 2008-May 2008 • Toulouse & Associates, PA, associate, November 1993-Sep­ tember 1994; law clerk, June 1992-October 1993 PROFESSIONAL ACTIVITIES • Co-chair, NM Supreme Court Advisory Committee on Code of Judicial Conduct, May 2017-present • State Bar of New Mexico Board of Bar Commissioners, Executive Committee, January 2013-December 2016; member, January 2012-December 2016 • New Mexico Supreme Court Disciplinary Board, member, January 2013-December 2016 • Ethics Advisory Committee, State Bar of New Mexico, co-chair, January 2008-December 2016; member, 1997­ 2016; Entrepreneurs in Community Lawyering Legal Incubator Program Steering Committee, member, March 2015-present • American Bar Association, member, 2009-2016; ABA Cen­ ter for Professional Responsibility, member, 2009-2016

IJA Report / Winter 2017

Bart Virden

20

Arkansas Court of Appeals Judge Bart Virden attended college and law school at the University of Arkan­ sas at Fayetteville and graduated with degrees in journalism and law, respec­ tively. He spent his first year after law school clerking for Jus­ tice David Newbern on the Arkansas Supreme Court before returning to his hometown of Morrilton, Arkansas, to practice law for the next 30 years.

During the course of his small-town law practice, he was elected to six four-year terms as the city attorney for Mor­ rilton. He also served as a deputy prosecuting attorney, and later a city court and district judge. He served 14 years on the Arkansas Supreme Court Committee on Professional Conduct, with multiple stints as chair of the committee. After leaving the committee, he began representing attorneys in professional conduct matters and served as an expert witness in court on professional conduct matters. He was elected to the Arkansas Court of Appeals in 2014 and began his term January 2015.

Judge Virden has served as chairman of the Morrilton Cham­ ber of Commerce, chairman and board member of the Univer­ sity of Arkansas Community College at Morrilton. and in various other civic positions. He lives in Morrilton with his wife of 35 years, Janna. Judge Virden and Janna raised three children who now are a managing attorney at a law firm, a psychiatrist, and a law school student who previously earned a master’s degree in English. His passions outside of the law are photography, golf, winemaking, bicycling, and avoiding yard work.

Craig Welling Colorado Court of Appeals Judge Craig R. Welling was appointed by Governor John Hickenlooper to serve as a judge for the Colorado Court of Appeals effective January 16, 2017.

Prior to his appointment, Judge Welling served as a dis­ trict court judge for the 17th Judicial District, where he pre­ sided over a criminal docket. Previously, he presided over a juvenile docket including dependency and neglect cases, juvenile delinquency cases, contested and uncontested adop­ tion cases, and paternity and maternity determinations. He also presided over a domestic relations docket and handled appeals from municipal and county court cases.

Prior to being appointed as a district court judge, he served in Governor Bill Ritter’s Office of Legal Counsel and as an asso­ ciate at Rothgerber Johnson & Lyons. Judge Welling earned his BS from Colorado State University in 1995, an MA in engineering from Pennsylvania State University in 2001, and a Juris Doctor degree from the University of Colorado in 2001.

Latrice A. Westbrooks Mississippi Court of Appeals Judge Latrice Westbrooks of Lexington, Mississippi, was sworn in as a member of the Mississippi Court of Appeals on Janu­ ary 3, 2017. She was elected November 8, 2016, to Court of Appeals District 2, Position 2.

Judge Westbrooks was born in Memphis. She earned a bachelor of science degree from Austin Peay State University

in Clarksville, Tennessee. She earned a law degree from the University of Detroit Mercy School of Law in 1997 and was admitted to the Mississippi Bar that same year.

She became an assistant district attorney in the Second Circuit District of Harrison, Hancock, and Stone Counties in October 1997. She was the first African American woman assis­ tant district attorney in the Second Circuit District. She joined the Jackson, Mississippi, law firm of Byrd and Associates in 2000, and then opened her own law practice in 2001, repre­ senting clients in both criminal and civil matters.

She served as prosecutor for the City of Durant and as city attorney for the Town of Isola. For almost 10 years, she served as a public defender in Holmes County. In 2013, she became interim communications director for Jackson Mayor Chokwe Lumumba, and then joined the Jackson City Attorney’s Office as legal counsel for the Jackson Police Department. She returned to private law practice in 2014. She served as munici­ pal judge for the City of Lexington before she was elected to the Court of Appeals.

She has worked in conjunction with the Magnolia Bar Association, One Voice, the NAACP, the Mississippi Center for Justice, the Southern Poverty Law Center’s Mississippi Youth Justice Project, and the ACLU. She served as a Southeast Regional and Central director of the Magnolia Bar Associa­ tion. She previously chaired the Criminal Justice Committee for the State Conference of the NAACP. She is a member of the Mississippi Bar, Magnolia Bar Association, National Bar Asso­ ciation, the National Conference of Black Lawyers, the Capital Area Bar Association, and the Metro Jackson Black Women Lawyers Association. She is a former member of the Mississippi Association for Justice and the Mississippi Public Defenders Association. She is a life member of the NAACP, past board member of Leadership Greater Jackson Alumnae, past board member of the Sanders YMCA, and past board member of the National African American Student Leadership Conference.

Jack L. Wilson

Rowan D. Wilson New York Court of Appeals Associate Judge Rowan D. Wilson, of the New York Court of Appeals, was born in Pomona, California, in 1960, and grew up in Berkeley, California. He received his AB degree from Harvard College in 1981 and his Juris Doctor degree from Harvard Law School in 1984. He was admitted to the Bar of the State of California in 1985, and the Bar of the State of New York in 1987. From 1984 to 1986, he served as a judicial law clerk to the Honorable James R. Browning, chief judge of the US Court of Appeals for the Ninth Circuit, based in San Francisco. In 1986, he joined the firm of Cravath, Swaine & Moore in New York City as an associate and was elected to partnership there in 1991, in which position he continued until February 2017.

On January 15, 2017, Governor Andrew M. Cuomo nomi­ nated Judge Wilson to serve as an associate judge of the Court of Appeals, and the New York State Senate confirmed his nomination on February 6, 2017. While in private practice, Judge Wilson served on the boards of several charitable and not-for-profit organizations and handled numerous pro bono matters. Judge Wilson resides with his wife and children in Port Washington, New York.

law.nyu.edu/centers/judicial

Mississippi Court of Appeals Judge Jack L. Wilson of Madison, Mis­ sissippi, was appointed to the Court of Appeals by Governor Phil Bryant on July 1, 2015. He was elected to an eight-year term in November 2016.

Judge Wilson grew up in Jackson and Tupelo and gradu­ ated from Tupelo High School. He attended the University of Memphis, earned a bachelor of accountancy degree from the University of Mississippi, and received a Juris Doctor degree from Harvard Law School, where he was an editor of the Har­ vard Law Review. After law school, he clerked for Judge Gerald Bard Tjoflat of the US Court of Appeals for the Eleventh Circuit.

Judge Wilson previously practiced law with the firm of Bradley Arant Boult Cummings in Jackson and Mayer Brown in Washington, DC. His practice focused on appellate litigation and general civil litigation involving a variety of subject matters, including business and commercial disputes, class and collec­ tive actions, and arbitrations. He represented clients in state and federal trial and appellate courts throughout the country, including the US Supreme Court. Judge Wilson also served as deputy counsel and later chief counsel to Governor Bryant.

He is admitted to practice in all state and federal courts in Mississippi; in the District of Columbia; in the US Courts of Appeals for the Fifth, Seventh, and Eleventh Circuits; and in the US Supreme Court. He previously served as a commissioner on the Uniform Law Commission, as a member of the Board of Trustees of the Mississippi Public Employees Retirement System, and as president of the Mississippi Lawyers Chapter of The Federalist Society. He has also served as an adjunct instructor at the Mississippi College School of Law. Judge Wilson and his wife, Amanda, have three children, Emily, Jack, and Henry. They live in Madison, where they are active members of Pear Orchard Presbyterian Church.

21

Spotlight on 2017 IJA Summer Fellows

E

ach year IJA selects three to four outstanding NYU Law students as IJA Summer Fellows to work under the direct supervision of IJA faculty directors to prepare for and attend the New Appellate Judges Semi­ nar. Such work includes researching of legal developments in state constitutional and US Supreme Court criminal law, preparing a bench memorandum for the AJS moot court, and researching an ethics summary

in response to questions posed in advance by attending judges. Prior IJA Fellows have gone on to clerk in federal and state courts as well as the US Supreme Court.

Edwin Abundis ’19

continuing to cultivate my relationships with the profes­

Before coming to NYU, I studied

sors and judges active with the institute.

political science at the University of Chicago. I applied to be an IJA Fellow

Joseph Levy ’19

as I wanted to learn more about the

I graduated from Western Washing­

judiciary and the process of judging,

ton University in 2016 with a BA in

and to expand my legal research skills. My summer with

philosophy and political science and

the IJA was phenomenal. I had the opportunity to do

a minor in English. As an IJA Fellow,

research on interesting topics, such as state constitutional

I was tasked with writing the bench

law, that I otherwise would likely have never had the

memo for moot court that took place during AJS. This was

opportunity to research. The Institute also gave me the

an extremely valuable assignment, and it gave me a taste

opportunity to work closely with Professors Oscar Chase

of what it will be like to clerk for a judge. Although it could

and Troy McKenzie, who provided indispensable advice

prove challenging at times, Professors Estreicher and

for my research and writing, as well as with judges such

McKenzie were helpful resources who gave me insight­

as Judge Jeffrey Sutton of the US Court of Appeals for the

ful advice. It was also a great privilege to be involved

Sixth Circuit. The relationships built this summer will

in the New Appellate Judges Seminar and to interact

surely help in my future career as a legal professional.

with judges from across the country. I learned so much about how to improve my writing, the judicial process,

Monica Devlin ’19

and developing law. Overall, it was a fantastic way to

I graduated from Georgetown Uni­

spend my summer.

IJA Report / Winter 2017

versity in 2013 with a BA in English

22

and linguistics. I then spent three

Kristin Mulvey ’19

years working in the development

In 2014, I graduated from Wheaton

office at the university before com­

College (Massachusetts) with a BA in

ing to NYU. I applied for the IJA Fellowship because I

history and minors in political sci­

was interested in learning more about how judges make

ence and theater. After graduation,

decisions. How do they approach an issue in order to

I was a language camp counselor in

resolve it? What factors do they take into consideration?

Istanbul, Turkey, and worked for Old Sturbridge Vil­

How do they craft an opinion? The fellowship offered

lage, an 1830s living history museum. As an IJA Fellow,

the opportunity to gain more insight into this inquiry.

I had the pleasure of working with both Professor Chase

Through AJS, I not only learned about judicial decision-

and Associate Director Allison Schifini ’95 on an ethics

making, but I also received the opportunity to engage

memorandum that summarized the recent development

with intelligent and thoughtful judges. In addition to

in Supreme Court Fourteenth Amendment due pro­

learning more about the judicial process, I compiled and

cess recusal cases. I also researched answers to various

summarized United States Supreme Court cases that

questions posed by the participating judges at the New

dealt with issues of criminal law under the guidance of

Appellate Judges Seminar. IJA provided me with the

Professor Schaffer and Judge Jeffrey Meyer (US District

ability to develop my legal research skills and gave me

Court for the District of Connecticut). Working closely

an inside perspective on appellate law. I hope to continue

with Professor Chase and Professor McKenzie, I honed

fostering the relationships with professors and judges

my legal research and writing skills. I look forward to

that I developed this summer.

News from Board, Faculty, and Friends of IJA The United Nations Internal Justice Council, of which IJA Faculty Direc­ tor Samuel Estreicher is a member, recently issued its first report after extensive field research. The Internal Justice Council was established by the General Assembly to provide its views and recommendations on the implementation of the UN internal justice system.

IJA Faculty Director Troy McKenzie was accepted into the American Law Insti­ tute, the distinguished independent organization that produces scholarly work to clarify and reform the law.

IJA Faculty Director Oscar Chase was interviewed on NPR’s Morning Edition about the protracted accounting fraud case against former AIG chief Hank Greenberg. Chase’s recently published textbook, Civil Litigation in Comparative Context—2nd Edition (West Academic Publishing, 2017), was co-authored with Helen Hershkoff, Linda Silberman, John Sor­ abji, Rolf Stürner, Yasuhei Taniguchi, and Vincenzo Varano.

Longtime AJS Faculty Member Judge Diarmuid O’Scannlain of the Ninth Circuit Court of Appeals received the Wallace P. Carson Jr. Award for Judi­ cial Excellence. The award recognizes an Oregon judge who has made signifi­ cant contributions to the judicial system and who is a model of professionalism, integrity, and judicial independence.

O’Scannlain was also recently honored at his alma mater, St. John’s University, with receipt of the Lewis Avenue Alumni Legacy Award 2017 for his commitment to the values of St. John’s University and his lifetime accomplishments.

Former Massachusetts Appeals Court Justice Gary Katzmann, another long­ time AJS faculty member and friend of IJA, was appointed to the US Court of International Trade, which sits in New York City. Among the many who attended his investiture ceremony on April 13, 2017, were Supreme Court Justice Stephen Breyer (for whom Katzmann clerked on the First Circuit), Judges Guido Calabresi and Pierre Leval, and Katzmann’s family and many friends.

Chief Judge Robert Katzmann, US Court of Appeals for the Second Circuit, was awarded NYU Law’s Judge Edward Weinfeld Award, which recognizes the professional accomplishments of alumni, board members, and others affiliated with the Law School. Katzmann was also recently appointed to the Executive Committee of the Judicial Confer­ ence of the United States by US Supreme Court Chief Justice John Roberts.

Former IJA Program Officer Alison Kinney published her col­ lection of essays titled Hood, which explores the history and symbolism of this everyday garment, from the Grim Reaper to Red Riding Hood. Hood is part of the Object Lessons series of books published by Bloomsbury Publishing in partnership with an essay series in The Atlantic.

In Memoriam Former IJA Board Member and New York Court of Appeals Judge George Bundy Smith passed away on August 5, 2017.

He was known for his opinions on civil rights and the death penalty, including People v. LaValle, a 4-to-3 decision holding that New York’s death penalty statute was unconstitutional due to the struc­ ture of its sentencing instructions in a jury deadlock. The legislature never revised the law to pass judicial muster. An inmate has not been executed in New York since 1963.

law.nyu.edu/centers/judicial

The Hampden County Superior Court­ house in Springfield, Massachusetts, has been renamed after longtime AJS Faculty Member Roderick Ireland, for­ mer Chief Justice of the Massachusetts

Supreme Judicial Court. A renaming ceremony was held on November 10, 2017. Ireland was the first African American justice on that court, serving from 1997 to 2014.

23

IJA Board of Advisors

Mayer Brown

Justice Shirley S. Abrahamson

Goldstein & Russell

Wisconsin Supreme Court

Sheila L. Birnbaum LLB ’65 Quinn Emanuel Urquhart & Sullivan

Paul T. Cappuccio

Lauren R. Goldman ’97 Sarah E. Harrington Rex S. Heinke

IJA Faculty Directors Oscar G. Chase

Evan R. Chesler ’75

Thomas C. Leighton

President, Cravath, Swaine & Moore

Thomson Reuters

Scott H. Christensen ’97

Martin Lipton LLB ’55

Hughes Hubbard & Reed

Wachtell, Lipton, Rosen & Katz

Paul D. Clement

Robert A. Long

Vinson & Elkins

Meir Feder Jones Day

Judge Jeremy D. Fogel Federal Judicial Center

Judge John Gleeson Debevoise & Plimpton

Chief Justice Stuart Rabner New Jersey Supreme Court

Judge Robert A. Katzmann

Time Warner

John Elwood

Baker Botts

Akin Gump Strauss Hauer & Feld US Court of Appeals for the Second Circuit

Kirkland & Ellis

Judge Thomas R. Phillips

Covington & Burling

Deanne E. Maynard Morrison & Foerster

Judge Patricia Ann Millett US Court of Appeals for the DC Circuit

Trevor W. Morrison New York University School of Law

oscar.chase@nyu.edu

Samuel Estreicher samuel.estreicher@nyu.edu

Troy McKenzie troy.mckenzie@nyu.edu

IJA Executive Director Torrey L. Whitman (212) 998-6149 torrey.whitman@nyu.edu

IJA Associate Director Allison H. Schifini ’95 (212) 992-6289 allison.schifini@nyu.edu

Support IJA! 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 www.law.nyu.edu/centers/judicial/ 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

IJA Report / Winter 2017

Thank you for your support!

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Since its founding in 1952, the Institute of Judicial Administration (IJA) has been committed to improving the administration of justice and providing judicial education. IJA sponsors annual appellate judges training seminars, workshops on special topics in the law, and the William J. Brennan Jr. Lecture series honoring the state judiciary, among other programs.