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Consolidated Bulletin DEPARTMENT OF JUSTICE JOURNAL OF FEDERAL LAW AND PRACTICE Volume 68 January 2020 Number 1 Acting Director Corey F. Ellis Editor-in-Chief Christian A. Fisanick Managing Editor E. Addison Gantt Associate Editor Gurbani Saini Philip Schneider Law Clerks Joshua Garlick Emily Lary Mary Harriet Moore Niki Patel United States The Department of Justice Journal of Department of Justice Federal Law and Practice is published by Executive Office for the Executive Office for United States United States Attorneys Attorneys Washington, DC 20530 Office of Legal Education Contributors’ opinions and 1620 Pendleton Street statements should not be Columbia, SC 29201 considered an endorsement by Cite as: EOUSA for any policy, 68 DOJ J. FED. L. & PRAC., no. 1, 2020. program, or service. Internet Address: The Department of Justice Journal https://www.justice.gov/usao/resources/ of Federal Law and Practice is journal-of-federal-law-and-practice published pursuant to 28 C.F.R. § 0.22(b). Page Intentionally Left Blank Leadership In This Issue Introduction ........................................................................................ 1 By Jeffery A. Rosen Foreword .............................................................................................. 3 By Richard W. Moore Exercising Leadership in Managing Employees .......................... 7 By Jay Macklin Building a Winning Culture in Government: Inspiring Trust .................................................................................................... 19 By Shawn D. Moon Leading Change in a Government Agency .................................. 31 By Richard W. Moore The Leadership Council Model ...................................................... 53 By Trent Shores Self-deception and the Law ............................................................ 61 By James Ferrell Crucial Conversations: The Science of Speaking Up ................ 73 By David Maxfield The Case for Employee Engagement ............................................ 85 By Shawn O. Flinn The Value of Continuing Management Education .................... 91 By Dayle Elieson Flame Out: Preventing Burnout in the Legal Profession ........ 97 By Dr. Diana Uchiyama Leadership In This Issue Leader or Manager—Appreciate the Difference ...................... 103 By Bradley E. Tyler Managers’ Bill of Rights ................................................................. 109 By Jay Macklin Fighting Domestic Terrorism and Creating the Department of Justice: The Extraordinary Leadership of Attorney General Amos T. Akerman ............................................................................ 125 By Gretchen C.F. Shappert The Power of Delegation ............................................................... 145 By Bradley E. Tyler The Actual Job of a USAO Manager ............................................ 151 By David Gaouette Building Community in the Workplace—An Essential Skill for Leaders .............................................................................................. 159 By Tate Chambers Stop Avoiding Difficult Conversations and Learn How to Be More Successful With Them .......................................................... 177 By Gregg Sullivan Submarining in the Workplace: How to Dive Deep and Better Know Your Co-Workers ................................................................. 185 By Gentry Shelnutt Five Titles for the Leader’s Bookshelf ........................................ 189 By Tate Chambers Note from the Editor-in-Chief ...................................................... 207 By Chris Fisanick Introduction Jeffrey A. Rosen Deputy Attorney General of the United States The Department of Justice’s (Department) mission is [t]o enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.1 Because we have been entrusted with such a formidable responsibility, the men and women of the Department are called upon to serve as leaders both in their communities and in the nation. A fundamental component of that leadership is our commitment to conduct ourselves with honesty and integrity. As President Dwight D. Eisenhower said, “The supreme quality for leadership is unquestionably integrity. Without it, no real success is possible, no matter whether it is on a section gang, a football field, in an army, or in an office.”2 Those words are especially apt at the Department, where we work to ensure the “fair and impartial administration of justice for all Americans.” To fulfill our mission and maintain public trust, honesty and strong moral character are imperative. This issue of the Department of Justice Journal of Federal Law and Practice showcases the Department’s commitment to leadership and those essential attributes. It recognizes the impact great leaders can have, acknowledges the difficulties we face, and provides insight into successful strategies employed throughout the Department to combat those challenges. Behind any successful organization are leaders with the wherewithal to get the right people, put them in the right position, 1 U.S. Dep’t of Justice, About DOJ, https://www.justice.gov/about (last visited Jan. 14, 2020). 2 Chad Plenge, Traits of Successful Leaders—Character, CJO BLOG (Mar. 27, 2019), https://juniorofficer.army.mil/traits-of-successful-leaders-character/ (quoting Dwight D. Eisenhower). January 2020 DOJ Journal of Federal Law and Practice 1 and cultivate an environment that empowers them to succeed. When leaders establish that sort of winning culture, the impact extends beyond their tenure. The Department of Justice is now 150 years old, and the great leaders of our past established such a strong culture and made us into one of the most respected institutions of the federal government. But it does not stop there. We continue to build on the foundation that prior leaders from past decades put in place through the great work the Department performs every day. I am proud to be part of an organization that strives to get better, leads by example, and commits to doing the right thing. I hope this issue of the Justice Journal proves valuable to all who read it. 2 DOJ Journal of Federal Law and Practice January 2020 Foreword Richard W. Moore United States Attorney Southern District of Alabama If you are a U.S. Attorney or member of the leadership team in a U.S. Attorney’s Office (USAO), the articles that follow were developed and written specifically to help you build a high-performance team. Many of us began a concerted effort in 2018 to invest in a sustainable, high-performance culture within our respective offices. That focus on a healthy culture within USAOs resulted in a much higher participation in the U.S. Office of Personnel Management (OPM) Federal Employee Viewpoint Survey (FEVS) given in May 2018. Our response rate in FEVS had been historically lower than the government-wide response rate until 2018, when it rose significantly above the government-wide response rate. The focus of then-Attorney General Jeff Sessions and the Attorney General’s Advisory Committee (AGAC) on employee engagement also sparked an investment by many U.S. Attorneys to improve morale and operational performance by conducting SWOT (Strengths, Weaknesses, Opportunities, and Threats) analyses and creating employee advisory boards. This level of investment in a better operational culture is unprecedented in the history of the Department of Justice (Department). Those who have been a part of this effort have participated knowing that it will probably be their successors who will reap the full rewards of this vision. This is public service at its best. In an era where both government and private sector employees are regularly reported to be disillusioned and disengaged, the U.S. Attorney community has the opportunity to defy that trend. Many U.S. Attorneys and their management teams have become leaders in creating employee-driven culture change, and they regularly consult with their peers in other offices about both the challenges and rewards of taking on this important mission. These articles offer practical tips from U.S. Attorneys like Trent Shores, our colleague in the Northern District of Oklahoma. Trent’s article, The Leadership Council Model, offers first-hand experience of a fellow U.S. Attorney who has successfully integrated an employee advisory board into his office. His experience suggests that giving January 2020 DOJ Journal of Federal Law and Practice 3 employees a structure to offer their suggestions promotes ownership of office operations and creates buy-in for the mission. We are fortunate to have several recognized experts joining us in this compilation of leadership articles. Shawn Moon currently leads Franklin Covey’s work in the U.S. Attorney community, and his article, Building a Winning Culture in Government: Inspiring Trust, applies the principles of founder Stephen M.R. Covey to our environment within USAOs. He suggests that, as a leader, your first imperative may very well be to inspire trust both in you personally and in your organization. His article raises the question, in my mind, whether the U.S. Attorney should aspire to be the most trusted government leader in his or her community. David Maxfield is the Vice President of Research for VitalSmarts and the author
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