Spring Meeting in Seattle March 31–April 2, 2016
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NEWSLETTER OF THE AMERICAN ACADEMY OF APPELLATE LAWYERS n 2016 ISSUE 1 CONTENTS Spring Meeting in Seattle 1 Spring Meeting in Seattle March 31–April 2, 2016 3 President’s Column: Celebrating Our Past, Building Our Future Catherine Wright Smith Fellow and Co-Chair of the Seattle Meeting 4 Report on the 25th Anniversary Sessions Mount Rainier. The Space Needle. Pike (not Pike’s!) Place 9 Justice Kennedy Receives Market. A city so vibrant, and in an area so beautiful that Microsoft, Amazon, Kathleen McCree Lewis and the Seahawks call it home. Following a Washington, D.C. meeting attended Award by a record number of Fellows, what more will it take to lure you to Seattle, “the 10 25 and Counting! other Washington”? How about a strong program focused on the issues facing state appellate courts, as well as a social program without precedent—think cool music, th 11 AAAL 25 Anniversary the chance to dance, and craft cocktails. Interested? Read on… Meeting Photo Spread 15 Profile of Inductees at the Our meeting will begin with the traditional Thursday cocktail hour on March 31 th 25 Anniversary Meeting at the conference hotel, the venerable Fairmont Olympic in the heart of downtown 19 Report on the Academy’s Seattle. Listed on the National Register of Historic Places, the Olympic has been a Oral Argument Initiative landmark in the Northwest since opening in 1924 on what was originally the site of the first campus of the University of Washington. 20 From the Editor: More Miscellany The substantive program starts Friday, April 1 (no foolin’!) with an examination of the use of state constitutions as a source of individual rights by state courts, a trend that began four decades ago in what was then considered a reaction to the retrenchment of the Burger Court. Three state Supreme Court justices—Justices Debra Stephens and Sheryl Gordon McCloud (a former AAAL Fellow) of the IMPORTANT DATES Washington Supreme Court, and Oregon Supreme Court Chief Justice Tom Balmer, 2016 Spring Meeting joined by the Ninth Circuit’s mediator, Chris Goelz, will discuss state constitutional Seattle, Washington principles as the rule of decision in a wide variety of cases, including those that March 31–April 2, 2016 fundamentally question critical aspects of state government. 2016 Fall Meeting San Antonio, Texas Judicial election, selection, and recusal in state appellate courts will be the focus of October 29–October 1 our second panel on Friday. Justices Steven Gonzalez and Charles Wiggins, and Fellow (and retired state Supreme Court Justice) Phil Talmadge, all veterans of contested elections for their Washington Supreme Court seats, join a panel moder- ated by Fellow Wendy Lascher, who drafted the Academy’s amicus briefs to the U.S. Supreme Court in Caperton and the pending case of Williams v. Pennsylvania, along with Matthew Menendez, of the Brennan Center at New York University, [continued on page 2] and Larry Leamer, author of The Price widely divergent practice and rules space in the Olympic Fairmont. And of Justice: A True Story of Greed and among the states governing the role you know that feeling you have at Corruption, a truly sobering examina- of amicus curiae and their relationship 8 p.m., when the Arthur England tion of the Caperton case and the role with the parties and with the court, charge has been read to the inductees, of money in judicial elections. while Washington Deputy Solicitor the past-president has been thanked General Jay Geck and AAAL Fellow for his or her service and opened that Our luncheon speaker on Friday John Bursch, former Michigan Solici- Tiffany clock box, and you’re wishing will be retired Washington Supreme tor General, will examine the role of you had a reason to linger with your Court Chief Justice Gerry Alexander, state solicitors general and how counsel fellow Fellows? Well, this year, you’ll who will recount the origins and may elicit—or contest—their support. feel like dancing, because live jazz will background of West Coast Hotel Co. follow the induction dinner! v. Parrish and “The Switch in Time Friday afternoon ends with an that Saved Nine.” Arising from a wage examination of factual innocence Saturday begins with words—and dispute in a Wenatchee, Washington and finality in state criminal cases. pictures—about briefwriting that hotel, this Depression-era case in University of Washington Professor you won’t want to miss. Professors which the U.S. Supreme Court voted Jacqueline McMurtrie, founder and Elizabeth Porter, author of Taking to uphold Washington’s minimum former director of the Innocence Images Seriously, 114 Columb. L. Rev. wage legislation is widely viewed as Project Northwest, and David Angel, 1687 (2014), and Gregory Sisk, author saving Franklin Roosevelt’s New head of the conviction integrity unit of Too Many Notes: An Empirical Deal—and saving the Supreme Court of the Santa Clara County District Study of Advocacy in Federal Appeals, from Roosevelt’s court-packing plan. Attorney’s office in California, will 12 J. Empirical Legal Studies, 576 address how claims of factual inno- (2015), who will discuss their recent Friday afternoon begins by picking cence challenge established notions scholarship on words and images and up where the fall panel on the U.S. of finality and illustrate the limits of the implications for written appellate Solicitor General’s office in D.C. left appellate review on a panel moderated advocacy in a program moderated by off. University of Washington law by AAAL Fellows Jim Whisman and AAAL Fellow Ken Masters. professor Helen Anderson, author Lenell Nussbaum. of Frenemies of the Court: The Many The formal program will end with Faces of Amicus Curiae, 49 U. Rich. Our induction dinner will be held an Academy business meeting fol- L. Rev. 361 (2015), will survey the Friday evening in a truly stunning lowing a panel on “The State of State Seattle Skyline Fairmont Olympic Hotel [continued on page 23] Page 2 THE APPELLatE ADVOCatE n 2016 ISSUE 1 PRESIDENT’S COLUMN Celebrating Our Past, Building Our Future By President Nancy Winkelman Founded in 1990, the Academy was change reducing the word limit for 2016 will also see the continuation the brainchild of our beloved col- briefs; we completed our report on of fulfilling our 2013 strategic plan- league Arthur England, who passed ways to increase the frequency of oral ning process: involving more fellows away in 2013. We will always strive arguments in the federal appellate in the work of the Academy; doing to fulfill Arthur’s vision—to foster a courts; and we filed an amicus brief in a better job of integrating new fel- professional association “dedicated to the U.S. Supreme Court on an issue lows; increasing diversity with the the improvement and enhancement of of bias in appellate decision-making. Academy; pursuing marketing and the standards of appellate practice, the (You can find our comments, report, outreach efforts; and partnering with administration of justice, and the ethics and amicus brief on the Academy’s other national groups. On the latter of the profession.” (Bylaws, Article 2.1) website.) I extend my personal thanks front, I thank Peter Goldberger for to those who played such an impor- co-leading, on the Academy’s behalf, When I opened a letter in 2004 tant role in these projects, including a 3-1/2 day advanced track at the informing me that I had been selected Oral Argument Task Force members National Legal Aid and Defender to be a fellow, I was not just honored, Charlie Bird, Diane Bratvold, Association’s 2016 Appellate Defender I was deeply humbled. It is now my Matt Lembke, Jim Martin, Alan Training Program, and I thank Sylvia great privilege to serve as the Acad- Morrison, Dan Polsenberg, Leah Walbolt both for her own participa- emy’s president. I will do my best Ward Sears, Roger Townsend, and tion in the program and for bringing to keep the Academy moving in the Mike Traynor, as well as Wendy the opportunity to the Academy. tremendous direction that it has in Lascher, who authored the U.S. the hands of those who have preceded Supreme Court amicus brief. Our 2016 Spring Meeting will be in me in this position; I am delighted Seattle, and Howard Goodfriend to serve with the 2016 officers and One of our most important projects and Cate Smith have put together a directors: Susan Freeman, Diane in 2016 is to take the oral argument terrific program. In the fall, we will Bratvold, Matt Lembke, Charlie initiative “on the road.” Under the be headed to San Antonio, where we Bird, Cathy Connors, Kevin able leadership of Jim Martin, we look forward to great programs, great Dubose, Howard Goodfriend, and have established an Oral Argument fellowship and—most importantly— Tom Weaver. Advancement Committee, compris- seeing you at our meetings. ing individual circuit-based groups. First and foremost—a shout-out to These groups will partner with the Finally, I have three personal requests Charlie Bird for his outstanding relevant state and local bar groups of each of you. leadership during the Academy’s in that circuit and will meet with historic 25th Anniversary. Under circuit judges and staff to work to First, carry yourself always as an Charlie’s stewardship, the Academy implement the task force’s recom- ambassador of the Academy. We are continued to serve its core mission: mendations. We are delighted to the country’s leading appellate law- we played an impactful role in com- involve over 30 fellows in the work yers: in the words of Arthur England’s menting on a proposed federal rule of these circuit-based groups.