DOCSLIB.ORG

Posted 12:00 AM by Howard Bashman

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Posted 12:00 AM by Howard Bashman Monday, January 05, 2004 Posted 12:00 AM by Howard Bashman 20 Questions for Chief Judge Deanell Reece Tacha of the U.S. Court of Appeals for the Tenth Circuit: "How Appealing" is so very pleased that Chief Judge Deanell Reece Tacha of the U.S. Court of Appeals for the Tenth Circuit has agreed to participate in this Web log�s recurring monthly feature, "20 Questions for the Appellate Judge." Tacha joined the Tenth Circuit in December 1985 at the age of 39. She attended undergraduate school at the University of Kansas and law school at the University of Michigan. Following law school, she served as a White House Fellow. For the next several years, she engaged in the private practice of law, first in Washington, DC and then in Concordia, Kansas. In 1974, she joined the faculty of the University of Kansas School of Law, where she remained until she joined the Tenth Circuit in 1985. From 1974 through 1977, she also served as director of the Douglas County Legal Aid Clinic in Lawrence, Kansas. In addition to teaching law, Tacha also served in several administrative positions at the University of Kansas, culminating in her service from 1981 through 1985 as Vice Chancellor for Academic Affairs. On January 26, 2001, Judge Tacha became the Tenth Circuit�s Chief Judge, a post that she will remain entitled to hold through January of 2008. Chief Judge Tacha has her chambers in Lawrence, Kansas, and the Tenth Circuit has its headquarters in Denver, Colorado. Questions appear below in italics, and Chief Judge Tacha�s responses follow in plain text. 1. Although several former chief judges of federal appellate courts have participated in this "20 questions" feature, you are the first currently-serving chief judge to participate. Please explain how the role and responsibilities of the chief judge of a federal appellate court differ from the role and responsibilities of other judges in regular active service. In the course of your answer, perhaps you could touch on whether you have reduced your caseload due to your other responsibilities as chief judge, whether you have taken advantage of the ability to have an extra law clerk, your role in considering judicial misconduct complaints, and your participation as the Tenth Circuit's representative in the Judicial Conference of the United States. Although I have served in leadership capacities in many organizations, serving in leadership in the federal judiciary is one of the greatest challenges and most interesting assignments I have ever taken on. Sometimes it is said that trying to lead federal judges is like "herding cats." I prefer to think of it as convening and facilitating the work of a group of remarkably bright, committed, and interesting colleagues. Sometimes reaching consensus on a policy or administrative matter among such an appropriately independent and knowledgeable group is a good crucible in which to hone one's administrative skills! With all due respect, I have found no shrinking violets in the federal judiciary. Unlike the corporate world -- or even the law firm world -- there is simply no "bottom line" in the administration of justice other than trying to provide the fairest possible system in which judges are free 20 July 2012. < http://howappealing.law.com/20q/2004_01_01_20q-appellateblog_archive.html> to exercise their independent judgment as fully as possible in the context of the constraints of budget, staff, space, and all of the other necessary support systems in the institution. I have greatly enjoyed this challenge and have grown from the experience. The Chief Judge of a federal circuit is charged with significant administrative responsibilities in addition to a regular caseload. As chief judge, I serve as Chair of the Judicial Council of the Tenth Circuit and as a member of the Judicial Conference of the United States. It is an honor to serve on both. I have enjoyed so much working under the leadership of Chief Justice Rehnquist and the many able chairs of the Executive Committee of the Judicial Conference. Judge Carolyn King, the current chair of the Executive Committee, has shown remarkable leadership in this very difficult past year. Among the many other administrative responsibilities that chief judges carry are responsibilities relating to space and facilities, security, libraries, budget and resource allocation, personnel, judicial conferences, judicial misconduct issues, and a host of representative ceremonial duties. For example, in the current budgetary climate, we are each working with our Circuit Executives to make tough budgetary decisions for the various units within our courts. I welcome these many challenges. Before I came to the bench, I was the Vice Chancellor for Academic Affairs at the University of Kansas, so I have had significant administrative experience. More important, I have been fortunate to have had a very able Circuit Executive and great assistance from the Administrative Office of the United States Courts in fulfilling my administrative duties. I have slightly reduced my caseload, but I consider it very important to keep an almost full caseload so that I continue to assist my court. Although I am entitled to an additional law clerk, I have not taken advantage of that. I felt it more important to use that position to assist the whole circuit. Following the lead of the two chief judges ahead of me in our circuit, Judges Monroe McKay and Stephanie Seymour, we "donate" that law clerk position to the central circuit staff. Perhaps one of the most important responsibilities of the chief judge is working with judicial misconduct complaints. These matters are very important to the judicial system and to the administration of justice generally. I think I can speak on behalf of all of the chief judges in the nation in saying that we take these complaints very seriously, and that we are cognizant of our special duty to foster the public's trust in the judiciary. Therefore, we devote a great deal of time to these matters and vigilantly investigate every complaint. The rule of law depends, under our system of government, on an independent judiciary that is in fact impartial, free from bias or pressure from outside sources, dedicated to its public service, and is so perceived. Safeguarding the public's trust in our judicial system is one of my most important duties as chief judge. 2. What are your most favorite and least favorite aspects of being a federal appellate judge? I would list several things as my most favorite aspects of being a federal appellate judge. The first is that I never get bored! Almost every set of briefs raises issues that require me to learn something new or something more about a particular legal issue. Judging is the quintessential job that requires you to keep up with developments in the law. Indeed, we have the great luxury of confronting cases that often are 20 July 2012. < http://howappealing.law.com/20q/2004_01_01_20q-appellateblog_archive.html> on the cutting edge of societal controversies and must learn as much as we possibly can about the facts and law that underlie those controversies. Second, I like the fact that federal judges are generalists. I often say that judges may be the last generalists left in professional life, and I have resisted mightily any suggestion that the federal courts become specialized in any particular area. Third, I like what I can only best describe as the inferno of the real world. When you are charged with the responsibility of deciding cases that affect the lives and fortunes of the litigants and many others, you inevitably feel the weight of those decisions. You, therefore, impel your intellect and energy toward trying to do the very best you can in interpreting the law and reaching an appropriate result. When you are constantly aware of the responsibility with which you have been entrusted, I think you cannot avoid pushing yourself to do more -- more research, more work, more thought, more analysis. I also list among my favorite aspects of the job the opportunity to work with my law clerks. I have had a series of extraordinarily bright, very personable, and just terrific people as law clerks. They are like part of my family. I keep in regular touch with all of them. My personality and preferred way to operate is very informally and very openly with my law clerks. Thus, we form a team in my chambers that is very rewarding to me. I learn as much from them as they do from me. In my relationship with my law clerks, I always try to model a well-rounded professional life. I encourage them to do things other than their law clerking responsibilities -- community service, church work, family time. I am the mother of four, the youngest of which was born right before I came on the bench. As far as she is concerned, all mothers are federal judges. As I have observed attorneys and judges, I have become increasingly aware that the legal profession is a hard taskmistress and that, unless we are very deliberate, we can allow our professional responsibilities to obscure or even obliterate those other aspects of our personalities that brought us to our positions in the profession. I feel very strongly that lawyers and judges alike have a responsibility to their communities, the nation, their families, and their profession to devote significant time outside of their work responsibilities to these other endeavors. It is very easy to become so immersed in work as lawyers and judges that we lose touch with personal and community ties. Thus, in my work with my law clerks, I attempt to encourage them early in their careers to develop habits that foster excellent legal work and a broad range of personal interests.
Load more

Recommended publications
  • Introduction of the Honorable Deanell Reece Tacha
    Chapman Law Review Volume 2 Spring 1999 Number 1 © 1999 by Chapman Law Review INAUGURAL DISTINGUISHED JURIST-IN-RESIDENCE ADDRESS Introduction of The Honorable Deanell Reece Tacha Craig Anthony (Tony) Arnold* Today, we launch one of the most important programs a young law school can initiate: a distinguished jurist-in-residence program. Traditionally, law schools invite distinguished judges to participate for a few days in the intellectual life and educational mission of their school. A jurist in residence will teach classes, give a school-wide presentation, meet with members of the local judiciary and bar association, and converse with faculty. As a re- sult, the law school community gains access to invaluable insights from those who are shaping the law and providing leadership to our legal institutions. Today, Chapman University School of Law joins this long-standing tradition of merging legal education and judicial wisdom. Layered on top of the law school tradition is a tradition unique to Chapman University. The University has long identi- * Assistant Professor and Director, Center for Land Resources, Chapman University School of Law. The author thanks Graham Forrester, Class of 2001, and Matthew Beyers- dorf, Class of 2000, for their assistance in researching Judge Tacha's opinions and writings. Chapman Law Review [Vol. 2:1 fled certain "guiding spirits," distinguished role models such as Al- bert Schweitzer and Martin Luther King, Jr., whose ideals and achievements are models for students, faculty, staff, and alumni. However, the advent of both a law school at Chapman and a dis- tinguished jurist-in-residence program gives us a new opportunity to identify and learn from living role models: judges who grapple daily with what it means to live out the principles of justice, truth, and integrity.
    [Show full text]
  • Diversity in the Judiciary: a Conversation with Deanell Tacha
    TACHA FINAL 7/13/2011 10:21 AM Diversity in the Judiciary: A Conversation with Deanell Tacha Any discussion about diversity must first begin with what we understand that concept to mean. In the vernacular, diversity usually connotes differences in race and gender. But in my view, we need to think much more broadly than that. Diversity certainly encompasses those characteristics, but it also embraces divergent ethnic backgrounds, languages, religion, political views, life and professional experiences, and geographic areas—all of the features that make up the great mix of the American population. But why do we care about what diversity means? And what is the importance of the concept to the judiciary? To answer these questions, we need to reach back a bit into our nation’s history to nearly 250 years ago when a group of men (and they were indeed all men!) gathered in Philadelphia at the Constitutional Convention. This group had a remarkably idealistic—not to mention novel—view that the people are sovereign. Not any branch of government, not any king or tyrant or dictator, but rather each of you—each of us!—holds the sovereign power in this nation. Think about how visionary and truly idealistic that is. The entire notion of the sovereignty of the people depends on whether every single one of us feels that government is fair, whether we think it is just, and whether we think we will be dealt with even-handedly under the law. The phrase engraved on the building that houses our Supreme Court— “equal justice under the law”—has real importance.
    [Show full text]
  • An Interview with DEANELL REECE TACHA Conducted by Calder M
    An Interview with DEANELL REECE TACHA Conducted by Calder M. Pickett Endacott Society University of Kansas Honorable Deanell Reece Tacha Chief Judge, United States Court of Appeals for the Tenth Circuit Positions at the University of Kansas: Vice Chancellor for Academic Affairs University of Kansas, May 1981 - December 1985 Associate Vice Chancellor for Academic Affairs University of Kansas, 1979-81 Associate Dean, School of Law University of Kansas, 1977-79 Professor of Law University of Kansas, 1977-85 Associate Professor of Law University of Kansas, 1974-77 Director, Douglas County Legal Aid Clinic Lawrence, Kansas 1974-77 Education and Degrees: University of Kansas Lawrence, Kansas B.A. Honors in American Studies, 1968 University of Michigan Ann Arbor, Michigan J.D., 1971 2 August 18, 2000 Interviewer - Calder Pickett I've been doing these interviews now off and on since 1989, and I've done a great many of them. This is one I really looked forward to because it's with someone I still think of an a young lady I first knew when we were on the University Centennial Committee back in '66 or '67. In fact, a number of years ago when she was still Vice Chancellor, I called the office and said I'd like to talk to Deanell Reece and the secretary said, "Who?" and I was really perplexed, and then suddenly I remembered and this was in the '70's or 80's and because I guess that I still thought of you as the bright, vivacious little college girl who was on that committee with me and that's how we got to know each other.
    [Show full text]
  • COLLEEN E. MEDILL University of Nebraska College of Law 1875 N
    COLLEEN E. MEDILL University of Nebraska College of Law 1875 N. 42nd Street, P.O. Box 830902, Lincoln, NE 68583-0902 (402) 472-1206 [email protected] Education University of Kansas School of Law (J.D. 1989) •Class Rank: 1st •Order of the Coif •Articles Editor, Kansas Law Review •C.C. Stewart Award for Scholarship (awarded to the Outstanding graduate) •Robert A. Schroeder Scholarship (three year full-tuition merit scholarship) University of Illinois (Fall Semester 1985) •Graduate program in Quantitative International Relations (GPA 4.0) •Recipient of a National Science Foundation Fellowship University of Kansas (B.A. in Economics and Political Science, 1985) •Graduated "With Highest Distinction" with Honors in Political Science •Phi Beta Kappa •Class of 1913 Award (awarded annually to two outstanding graduates of the College of Liberal Arts and Sciences) •Hilltopper Award (awarded annually to seven graduating seniors in recognition of leadership and service to the University and the Lawrence, Kansas community) Experience University of Nebraska College of Law, Lincoln, Nebraska Robert and Joanne Berkshire Family Professor of Law (2012-present) Warren R. Wise Professor of Law (2008-2012); Professor (2005-2008); Associate Professor (2004-2005) Subjects Taught: Employee Benefits Law; Property I and II; Real Estate Transactions; Wills & Trusts University of Tennessee College of Law, Knoxville, Tennessee Professor (2003-2004); Associate Professor (1997-2003) Subjects Taught: Employee Benefits Law; Property; Wills, Trusts and Estates, Federal Estate and Gift Tax Stinson Leonard Street, LLP, Kansas City, Missouri Associate (1990-97). Practice focused on tax, regulatory compliance, litigation, and corporate transaction issues concerning retirement and welfare benefit plans subject to ERISA and Chapter 400 of the Internal Revenue Code.
    [Show full text]
  • Supreme Court of the United States ______
    No. 15-5040 IN THE Supreme Court of the United States ___________ TERRANCE WILLIAMS, Petitioner, v. PENNSYLVANIA, Respondent. ___________ On Writ of Certiorari to the Supreme Court of Pennsylvania ___________ BRIEF OF FORMER APPELLATE COURT JURISTS AS AMICI CURIAE IN SUPPORT OF PETITIONER ___________ VIRGINIA E. SLOAN JEFFREY T. GREEN * SARAH TURBERVILLE KYLE J. FIET THE CONSTITUTION DAVID E. KRONENBERG † PROJECT SIDLEY AUSTIN LLP 1200 18th Street, N.W. 1501 K Street, N.W. Suite 1000 Washington, D.C. 20005 Washington, D.C. 20036 (202) 736-8000 (202) 580-6920 [email protected] Additional information on inside front cover Counsel for Amici Curiae December 7, 2015 * Counsel of Record † Admitted only in New York; pending admission to the D.C. Bar, practicing law in the District of Colum- bia under the supervision of principals of the firm who are members in good standing of the D.C. Bar. TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................. iii INTEREST OF AMICI CURIAE .......................... 1 SUMMARY OF ARGUMENT .............................. 1 ARGUMENT ......................................................... 3 I. CHIEF JUSTICE CASTILLE’S PARTICI- PATION IN THE PROCEEDING PRE- SENTED AN UNCONSTITUTIONAL PO- TENTIAL FOR BIAS .................................... 3 A. Factual Background .................................. 3 B. Standard For Determining Whether Recusal Is Required .................................. 4 C. Recusal Was Required Under The Cir- cumstances ................................................ 5 II. THE PARTICIPATION OF A POTEN- TIALLY BIASED TRIBUNAL MEMBER TAINTS THE ENTIRE TRIBUNAL ............ 7 A. A Majority Of Courts Have Held That A Potentially Biased Tribunal Member Taints The Entire Tribunal ..................... 7 B. Appellate Decision-making Is A Collabo- rative Process And Every Judge Who Participates Affects The Process ............. 10 C.
    [Show full text]
  • 2018-2019 Annual Report the American Law Institute
    2018-2019 ANNUAL REPORT THE AMERICAN LAW INSTITUTE INTRODUCTION TO THE AMERICAN LAW INSTITUTE .................................................3 PRESIDENT’S MESSAGE ......................................................................................................... 4 DIRECTOR’S MESSAGE ............................................................................................................5 THE AMERICAN LAW INSTITUTE .........................................................................................6 LEADERSHIP CHANGES ..........................................................................................................8 THE HENRY J. FRIENDLY MEDAL.......................................................................................10 DISTINGUISHED SERVICE AWARD ..................................................................................... 11 PROJECTS APPROVED AT THE 2019 ANNUAL MEETING ......................................... 12 CURRENT PROJECTS ............................................................................................................. 14 ALI COUNCIL VOTES TO LAUNCH FOUR RESTATEMENT PROJECTS .................. 17 REASONABLY SPEAKING ....................................................................................................20 THE AMERICAN LAW INSTITUTE DOCUMENTARY ..................................................... 21 PUBLICATIONS ........................................................................................................................ 22 EARLY CAREER SCHOLARS MEDAL
    [Show full text]
  • The Mission of Pepperdine University
    THE MISSION OF PEPPERDINE UNIVERSITY Pepperdine is a Christian university committed to the highest standards of academic excellence and Christian values, where students are strengthened for lives of purpose, service, and leadership. PEPPERDINE UNIVERSITY SCHOOL OF LAW COMMENCEMENT Odell McConnell Law Center Malibu, California 2:00 p.m. Friday, May Twelfth, Two Thousand Processional Pomp and Circumstance, Elgar Invocation SEALY YATES Senior Partner, Yates & Yates, LLP Pledge of Allegiance JULIE RAE TROTTER Valedictorian National Anthem KEITRA SHAWNELLE MUSGRAVE (with audience participating) Class of 2000 Student Address DEIDRE SHAWN BAXTER Class of 2000 Presentation of Candidate ANDREW K. BENTON for Doctor of Laws Degree Executive Vice President and President-elect (Honoris Causa) THE HONORABLE DEANELL REECE TACHA United States-Court of Appeals, Tenth Circuit Conferring of Honorary Degree DAVID DAVENPORT President Investiture of Candidate STEVEN S. LEMLEY for the Doctor of Laws Degree Provost (Honoris Causa) Commencement Address .... THE HONORABLE DEANELL REECE TACHA United States Court of Appeals, Tenth Circuit Presentation of Candidates RICHARDSON R. LYNN for the Degree of Master of Dispute Resolution Dean Presentation of Candidates RICHARDSON R. LYNN for the Degree of Juris Doctor Presentation of Distinguished Alumnus Award BERNARD JAMES Professor of Law PIERRE-RICHARD PROSPER Special Counsel and Policy Adviser to the Ambassador at Large for War Crimes Issues, United States Department of State Benediction KATHRYN LEE BOYD Professor of Law (The audience is requested to rise for the benediction and be seated during the recessional) Recessional GLENDORAL HIGHLANDERS Marshal JAMES M. McGOLDRICK JR. Professor of Law DEANELL REECE TACHA President Ronald Reagan appointed Judge Deanell Reece Tacha to the United States Court of Appeals for the Tenth Circuit in December of 1985, where she currently serves as a federal appellate judge.
    [Show full text]
  • Malibu Rotary Club Surfwriter March 12 2014.Doc.Docx
    The Award Winning Malibu Rotary Club Surfwriter February 10-11, 2016 Official Newsletter of the Rotary Club of Malibu Malibu Rotary Club President David Zielski Edited by Dr. John W. Elman Pictures by Dr. John W. Elman and Bill Wishard In This Issue (click underlined topics for web link when connected to the Internet) Last week: Deanell Reece Tacha, Dean Pepperdine School of Law on the latest news from the Pepperdine Law School Other News and Guests at Last Malibu Rotary Club meeting Next Regular Malibu Rotary Club Meeting February 17 Pepperdine Graduate Campus Room LC 152 Fellowship at 11:30 a.m. prior to regular meeting which starts at noon. Speaker will be Bernard Otis who will Talk about “How to Prepare for Old Age ---- Without Taking the Fun Out of Life” Malibu Rotary Club Inducts Its Newest Member Malibu Rotarians at Feb 11 Rotary District Breakfast Malibu Rotary Club Supports RainCatcher. Check Calendar on Malibu Rotary website www.maliburotary.org Rotary International Website: www.Rotary.org Rotary District 5280 Website:www.rotary5280.org/ RI President (2015-2016) K.R. Ravindran Rotary District 5280 Governor (2015-2016): D.J. Sung Deanell Reece Tacha, Dean Pepperdine School of Law on the latest news from the Pepperdine Law School Deanell Reece Tacha is the Duane and Kelly Roberts Dean of the School of Law and professor of law at the Pepperdine Law School. She was appointed by President Reagan to the U.S. Court of Appeals for the Tenth Circuit where she served as a circuit judge from 1986-2011. She served as Chief Judge from January 2001 through 2007.
    [Show full text]
  • Federalist Society Federalist 1 Staff President Founding Directors Eugene B
    tudent Chapter Programs S 2007 “The Courts must declare the sense of the law; and if they should be disposed to exercise ANNUAL REPORT REPORT ANNUAL will instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body.” The Federalist 78 Federalist Society Federalist 1 Staff President Founding Directors Eugene B. Meyer Hon. E. Spencer Abraham Steven G. Calabresi Executive Vice President Senior Vice President & Faculty Division Director Finance Director Hon. David M. McIntosh Leonard A. Leo Lee Liberman Otis Douglas C. Ubben Lee Liberman Otis Lawyers Division Faculty Division Student Division Directors/Offi cers Dean A. Reuter, Practice Groups Director Erin Sheley, Deputy Director Peter Redpath, Director Lisa Budzynski, Lawyers Chapters Director Marisa Maleck, Assistant Director Elizabeth LeRoy, Associate Director Steven G. Calabresi, Chairman Mia Reynolds, State Courts Project Director Kate Beer, Assistant Director Hon. David M. McIntosh, Vice Chairman Juli A. Nix, Deputy Director, Practice Groups Development Gary S. Lawson, Secretary Alyssa Luttjohann, Deputy Director, Patty Price, Director IT Director Brent O. Hatch, Treasurer International Affairs Cynthia Searcy, Associate Director C. David Smith Eugene B. Meyer, President David C.F. Ray, Associate Director Ellen Fuller, Assistant Director • • • John Paul Fox, Assistant Director Publications Director Hon. T. Kenneth Cribb Jr., Counselor Alicia Luschei, Assistant Director Offi ce Management Peter Aigner Alexander Reynolds, Assistant Director Rhonda Moaland, Offi ce Manager Board of Visitors Matthew Nix, Assistant Offi ce Manager Membership Director Terry J. Archambeault Hon. Robert H. Bork, Co-Chairman Hon. Orrin G. Hatch, Co-Chairman James P. Kelly III, Director, International Affairs Lillian BeVier Margaret Little, Director, Pro Bono Project Hon.
    [Show full text]
  • The Judges of the United States Court of Appeals for the Tenth Circuit
    Denver Law Review Volume 66 Issue 4 Tenth Circuit Surveys Article 3 February 2021 The Judges of the United States Court of Appeals for the Tenth Circuit Denver University Law Review Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Denver University Law Review, The Judges of the United States Court of Appeals for the Tenth Circuit, 66 Denv. U. L. Rev. xiv (1989). This Document is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT sity of Texas Law School, Stanford CHIEF JUDGE WILLIAM J. University, and the University of Michigan. HOLLOWAY, JR. He was a commission for the U.S. District The son of a former Oklahoma gover- Court from 1964 until 1967 and was a can- nor, Judge Holloway was born in Hugo, didate for the U.S. Senate in 1968. Oklahoma, in 1923. He and his family Judge Logan is a Rhodes Scholar, a moved to Oklahoma City in 1927. He member of Phi Beta Kappa, Order of the served as a First Lieutenant in the Army Coif, Beta Gamma Sigma, Omicron Delta during World War II. He then returned to Kappa, Pi Sigma Alpha, Alpha Kappa Psi, complete his undergraduate studies at the and Phi Delta Phi. He has co-authored nu- University of Oklahoma.
    [Show full text]
  • Hon. Deanell Reece Tacha Chief Judge, U.S. Court of Appeals for the Tenth Circuit
    Published October 2006 Judicial Profile CHRISTOPHER M. PARENT Hon. Deanell Reece Tacha Chief Judge, U.S. Court of Appeals for the Tenth Circuit EVEN THE MOST loyal Jayhawk would admit that Tacha, “who got sort of plucked out, if you will. And she made all the difference.” Before attending KU, the journey from Scandia, Kansas, to Lawrence, Judge Tacha had been exposed only to women whose Kansas, is a tedious one. Even though the route careers were “quite traditional.” Emily Taylor encour- aged Judge Tacha to explore the possibilities that lay is marked by the beauty of the open space that beyond those traditional roles. According to Tacha, is endemic to America’s heartland, the roads are Dean Taylor “took these relatively untested, Kansas mostly, women and managed to make out of us a flat and the scenery dull. group of women with far greater aspirations than we could ever have conceived when we set foot on this The journey that has taken Deanell Reece Tacha campus.” from her hometown of Scandia to her longtime home As she approached her graduation from the Uni- of Lawrence, where she presides over the U.S. Court versity of Kansas, Judge Tacha was faced with mak- of Appeals for the Tenth Circuit as chief judge, has ing a decision about her future. The story behind her been anything but boring. Judge Tacha has remained decision to pursue a legal career reflects the common- true to her Kansas roots, even though her path to be- sense approach she has taken throughout her career coming one of the country’s most powerful jurists has on the bench.
    [Show full text]
  • Judges and Legislators: Renewing the Relationship
    Judges on Judging Judges and Legislators: Renewing the Relationship DEANELL REECE TACHA* In this day of instant communication-faxes, video messages, worldwide satellite transmissions-one of the ultimate ironies is that members of the judi- ciary and Congress often fail to communicate about issues of mutual concern. In convoluted transmissions evoking images of "E.T., phone home,"1 legislators and judges struggle to find appropriate "hook-ups" and often in good faith frus- tration simply cut the connection. I am convinced that the separation of powers doctrine does not mean dead lines or, at best, garbled static. The complexities of the law-making and law- interpreting tasks in the third century of this republic cry out for systematic dialogue between those who make and those who interpret legislation. History suggests that dialogue between the legislative and judicial branches of govern- ment was anticipated by the framers of the Constitution. Common sense sup- ports the notion that the public good-and the economy-would be served by enhanced communication between these branches. Even with enhanced dia- logue, separation of powers would be preserved by each branch's exercise of its primary power, structural constraints established by the Constitution, and the independence of the individual players. Two recent debates highlight the importance of dialogue between the two branches. Both fall in the category of "we may not agree, but we might consider discussing our positions before we decide!" The first example is a piece of pro- posed legislation, which, if passed in its original form, would have had a signifi- cant impact on case management and procedure throughout the federal court system.
    [Show full text]