On to New Frontiers The Increasing Number of Judicial Clerkships

Blazing a Trail | From its inception, byu law stu- friendly, and open person who likes to discuss the cases dents have enjoyed successful clerkships in judges’ and broader societal issues. chambers. Continuing the steady increase of stu- the dents receiving judicial clerkships, this fall there will More students have applied for judicial clerkships 22 first pioneers who be at least graduates at all court levels across the since the initial publication of The Judicial Clerkship nation. Many of these students will work for judges Job Hunt Book. reached the Salt Lake hiring their first byu clerks. Under the direction of Professor Douglas Floyd, Fall of 1998 looks even better. As of June 1997, the faculty judicial-clerkship committee takes proac- Valley 150 years ago nine students and one graduate had received and tive steps to help students locate judicial clerkships. were people of faith and accepted clerkships, an increase from the same time Each fall, committee members counsel students last year. During the school year, about opportunities and help stu- commitment. Today, many more students will receive dents polish résumes and improve by Vicki M. Huebner modern-day pioneers clerkship offers for fall 1998. interviewing skills. Committee Since judicial clerkships are such members also compile and dis- need not leave home, valuable experiences, the Law School makes every tribute a list of all judicial clerkship candidates to the entire faculty. They encourage their colleagues travel in a covered effort to secure such positions for the students. Those efforts are paying off. to write letters of recommendation for the stu- wagon, or push a One resource that aids students is Career Ser- dents they know and to personally discuss a candi- vice’s The Judicial Clerkship Job Hunt Book, which is date’s merits when appropriate. handcart. Those with distributed to all students each fall. This guide con- Often, clerkships come from judicial extern- courage to chart new tains faculty letters encouraging students to apply ships. That is why Professor James Backman and for judicial clerkships, information about the juris- Susan Griffith, who direct the Law School’s extern- paths and have fresh diction and function of various courts, lists of fac- ship programs, have exerted much effort locating vision could be called ulty and Law Society members who have worked judicial externship opportunities. They meet regu- as judicial law clerks, and information about specif- larly with students, encouraging them to consider pioneers. Since its ic judicial clerkship and externship opportunities. externships and explaining how to arrange one. In an excerpt from The Judicial Clerkship Job They instruct students that externships will provide beginnings less than Hunt Book, Jim Gordon, associate academic vice them with working knowledge of the court system 25 years ago, the Law president, explains the importance of a clerkship: and help them decide whether to apply for post- graduate clerkships. School has had many A clerkship is like a year of postgraduate study. You Other Law School faculty and administrative pioneer graduates. will be a fisher for the rest of your life; a clerkship lets personnel organize symposia, conferences, and you know what it feels like to be a fish. It helps you moot court competitions where judges participate. They have built the understand the forms and methods of argument that These events give students an additional opportu- school’s national are most likely to appeal to judges, and it improves nity to interact with judges and learn about the your judgment about legal issues. It provides an oppor- function of a judicial law clerk. reputation, paving the tunity to do careful research and writing and to enhance your analytical abilities. way for others to follow. A clerkship can also be extremely enjoyable. As a law Legendary Judicial Law Clerks | Of course, the The tradition continues clerk you are directly involved in bringing about just Law School places many in judicial clerkships results. You do not represent a particular client, and you because the graduates have excellent reputations. as today’s students influence the decision-making process in important And that excellence looks to continue. Each of our forge new paths as ways. You also have the opportunity to develop a close newest clerks is poised and ready to add distinc- working relationship with the judge and the other clerks tion to the legal profession. Let’s take a moment to judicial law clerks. and to discuss and debate issues with them. It is an espe- meet these legends in the making. cially enjoyable experience if your judge is a bright,

Clark Memorandum 27 James Ahlstrom Stewart of the Utah Supreme judicial clerkship. After gradua- Michigan. Paul served as a mis- arizona supreme court Court next fall. tion David will be clerking for sionary for The Church of Richard chose to attend the Chief Judge Clifford Wallace of Jesus Christ of Latter-day James Ahlstrom brings years of byu Law School after he was the u.s. Court of Appeals, Saints in Detroit, Michigan. writing experience to his clerk- engaged to Jennie Holman. Ninth Circuit, in San Diego Now he’ll be returning as a ship. James received his ba Both Richard and Jennie want- (the judge Professor Rasband judicial law clerk for Judge from byu in journalism. As an ed to attend law school. After clerked for in 1989). David is Robert H. Cleland at the u.s. undergraduate he worked for reviewing materials sent from glad to have the opportunity District Court, Eastern Dis- the Daily Universe, byu’s cam- various schools, they elected to to work with such a well- trict of Michigan. pus newspaper, as editor-in- attend byu because of its high respected jurist. After complet- Paul especially enjoys writ- chief, city editor, associate quality education and wonder- ing his clerkship, David would ing, which is one reason he copy chief, and wire editor. ful setting. Jennie will graduate like to practice corporate law pursued a judicial clerkship. Before attending law school, from the Law School in 1999, in Southern California. Raised in Provo, Utah, Paul James was the city editor for a one year after Richard. They graduated from byu in English. small daily newspaper in are both enjoying their law Matt Cook He continues to showcase his Northern California, the Tur- school experience and living in u.s. court of appeals writing abilities as the note- lock Journal. James’s writing Utah. fifth circuit and-comment editor for the ability is serving him well as he This past summer Richard byu Law Review. functions as editor-in-chief of worked for Wilson, Sonsini, Ever since Matt Cook entered Although Paul had several the byu Law Review. Goodrich & Rosati in Palo Alto, law school, he wanted to be a career options available, he After he graduates in April California. He thoroughly judicial law clerk at the u.s. Cir- decided to pursue a judicial 1998, James will clerk for Justice enjoyed his experience there and cuit Court level. After he gradu- clerkship because of its strong Charles “Bud” Jones of the Ari- would be interested in returning ates next April, he will work for mentoring and training com- zona Supreme Court. Eager to to the Bay Area. Before he Judge Edith H. Jones of the u.s. ponents. He is interested in begin his legal career, James enters law firm practice, Richard Court of Appeals, Fifth Circuit, prosecution and welcomes the wasn’t always certain that a would like to pursue a second in Houston, Texas. opportunity to observe federal judicial clerkship was what he judicial clerkship on the federal Matt feels that this clerk- prosecutors at work. Addition- wanted. However, after much level. Jennie has also set a goal to ship will give him the oppor- ally, as a former prosecutor, thought, he decided that a judi- work as a judicial law clerk. She tunity to work closely with Judge Cleland will be an excel- cial clerkship would jump-start has already informed Richard someone who is shaping the lent mentor. Paul anticipates his career by providing the best that he will need to find his sec- law, will improve his writing that his clerkship will give him “hands-on” training and experi- ond clerkship in the same city skills, and will provide him a practical knowledge of feder- ence he could find. where she’ll be clerking! with good training if he al litigation and courtroom James met Justice Jones in decides to do appellate work procedure. March 1997, when he visited the David Blood as a career. Law School to judge the u.s. court of appeals This past summer Matt Jeremiah Morgan National Moot Court Competi- ninth circuit enjoyed working at Vinson & u.s. court of appeals tion. From his interview James Elkins’ Houston office and the eighth circuit could tell that Justice Jones Ever since he can remember, u.s. Senate General Counsel’s would be a wonderful mentor. David Blood wanted to be an Office in Washington, dc. Matt After beginning law school, James is looking forward to his attorney. Growing up, he also is particularly excited about Jeremiah decided to pursue a clerkship and the opportunity developed a deep interest in clerking for Judge Jones. Not judicial clerkship, realizing it to live in Phoenix. business. As a byu undergradu- only is she a premier jurist, but is “one of those once-in-a-life- ate majoring in economics, he the site of his clerkship is espe- time things.” In fall 1998 Jere- Richard Blake admits he was also enticed to cially meaningful to Matt since miah will begin his clerkship utah supreme court pursue a career in business— he was raised in Houston. for Judge Clarence Arlen or perhaps a joint jd/mba Beam of the u.s. Court of Although he was raised in the degree. However, he decided he Paul Kohler Appeals, Eighth Circuit, in San Francisco Bay and the would like to practice corpo- u.s. district court Lincoln, Nebraska. Jeremiah is Mid-Atlantic region, Richard rate law. eastern district of michigan the first byu Law School stu- Blake has decided to stay in During his second year of dent to clerk for the Eighth Utah for another year. A 1998 law school, David worked as the Speaking of meaningful loca- Circuit and hopes to blaze a candidate for graduation, torts teaching assistant for Pro- tions, Paul Kohler decided to trail for others to follow. Richard will begin a judicial fessor James Rasband, who begin his career in a very Jeremiah was raised in Inde- clerkship for Justice I. Daniel encouraged David to apply for a important location to him: pendence, Missouri, and hopes

28 Clark Memorandum to practice in the Midwest, so David will clerk for Judge courtroom as a trial attorney. with many judges and their he is especially pleased with the Stephen Trott of the u.s. Court He is convinced that he will be clerks. He was impressed with opportunity to work for Judge of Appeals, Ninth Circuit, in a better litigator by clerking for their attitude toward their Beam. Before attending the byu Boise, Idaho. Judge Trott is Judge Benson, observing him work. They seemed to genuine- Law School, Jeremiah attended known for his dedication to manage his courtroom, watch- ly care about the cases on Central Missouri State Universi- the law and his meaningful ing experienced attorneys, and which they were working and ty, where he played football and interpersonal relationships listening to the judge’s opinions the people’s lives they were was in the orchestra. This past with his clerks. Since finalizing about different trial techniques influencing. He wanted to be summer he worked in St. Louis the offer, Judge Trott has sent and strategies. like those people. and Kansas City for Bryan Cave David every opinion he has Marc solidified his decision and Shook Hardy & Bacon, issued. Marc Turman to work as a judicial law clerk respectively. arizona court of appeals in the Arizona appellate court Jeremiah feels that partici- Jonathan Schofield division one after he met Judge Weisberg. pation in cocurricular activities u.s. district court He realizes he can significantly builds the strength and prestige district of utah After graduating next April, improve his appellate skills as of byu. He hopes to do his part Marc Turman will move to he observes oral arguments this year as a byu Law Review The latest 1998 graduate to Phoenix, Arizona, where he and works closely with the lead-articles editor. receive a clerkship is Jonathan will clerk for Judge Sheldon judge. Schofield. Jon will be clerking H. Weisberg of the Arizona After his clerkship Marc David Mortensen for Judge Dee Benson, u.s. Dis- Court of Appeals, Division would like to settle in the u.s. court of appeals trict Court, District of Utah, One. As an undergraduate, Phoenix area. He spent this past ninth circuit for whom he had previously Marc worked for the Utah summer working as a law clerk externed. Jon enjoyed his Administrative Office of the there at Roshka, Heyman & Everyone who is acquainted externship so much that he Courts. In this role he had the DeWulf, learning business litiga- with David Mortensen knows applied for a judicial clerkship. opportunity to travel to most tion and regulatory law. Marc that he belongs in the court- As a first-year student, Jon of the courts in Utah and met credits his success in finding a room. David decided to become was a finalist in the Trial Advo- judicial clerkship to the a lawyer in high school when, cacy Competition and was support of the Law as a Sterling scholar in debate, later appointed to the board. School’s faculty and he competed in regional and He is also mastering advocacy administration. national tournaments. skills through scholarly David Zimmerman David began his college research. Besides being u.s. court of federal career at the University of a member of the Trial claims Utah. At a debate scholarship Advocacy Board, Jon is dinner, a publisher from the also a lead-articles editor Salt Lake Tribune asked him for the byu Law Review. what career he had chosen. His article David replied, “I want to about the become a lawyer.” The publish- admissibility er advised him to major in of expert testi- English to improve his writing mony in federal court skills. After completing his (“Compton v. Subaru of Amer- to Japan, David trans- ica: Misapplication of ferred to byu, where he fol- Duabert—Opening the Gate lowed that advice. He brings for Unreliable and Irrelevant excellent writing skills to his Expert Testimony”) will t locating judicial externship opportunities. work as a managing editor for be published in the next the byu Law Review and the issue of the byu Law Trial Advocacy Program. Review. During his first few weeks After completing his clerk- of law school, David attended ship, Jon wants to return to the a lecture by Professor Michael Goldsmith about judicial clerk- ships and was persuaded to 1998 Illustration by Carolyn Fisher Carolyn by Illustration apply for one. During fall

Clark Memorandum 29

Often, clerkships come from judicial externships. That is why Professor James Backman and Susan Griffith have exerted much effor Appeals, and in fall 1998 he will | The Trek Continues | David Zimmerman, a 1996 Law begin clerking for Judge School graduate, has had a sig- Moody R. Tidwell 111 of the u.s. nificant amount of experience Court of Federal Claims. as another school year approaches, the Law School will be reener- in the judicial arena. David’s David has decided to pursue entrance into law was probably three judicial clerkships gized by entering and returning students. Several more third-year students will a surprise to everyone who because of the satisfying nature knew him. As an undergradu- of the work and the subject receive offers for fall 1998, and second-year students will continue their hunt for ate he planned to attend med- matter jurisdiction of the ical or dental school and courts where he will work. His scored in the top 10 percent on experience at the u.s. Court of fall 1999 judicial clerkships. As the trek toward increasing the number of judicial the mcat and the top 1 percent Veterans Appeals and the u.s. on the dat. However, during Court of Federal Claims will clerkships continues, we hope to open new roads by showing the judiciary and bar his senior year he reconsidered give him a firsthand under- and decided to study law. standing of substantive and the solid legal foundation BYU students receive. We hope that in this way these During law school, David procedural laws governing two completed two judicial extern- Article One courts in which valuable work experiences will become available for more students, who, because of ships. Then, after graduation, few attorneys choose to prac- he clerked for Magistrate tice. After completing his clerk- Roger L. Hunt, u.s. District ships, David plans to develop a the values of a BYU education, can contribute significantly to the legal community. Court, District of Nevada. He federal practice in Washington, is currently clerking for Judge dc, or Raleigh, North Carolina. Vicki Huebner is the assistant director of Career Services. She is a Law School Ronald M. Holdaway of the graduate and former judicial law clerk for Judge Ronald M. Holdaway, U.S. u.s. Court of Veterans Court of Veterans Appeals.

Richard G. Wilkins Still Fiddling a Sweet Tune by Charles Cranney

Continuing his work with the Habitat II agenda (see “A Fiddler on the U.N. Roof,” Clark Memorandum, Spring 1997), Richard Wilkins joined BYU faculty member Cory Leonard and three students at the United Nations Commission of Human Settlements in Nairobi, Kenya, April 28 through May 8, 1997. As with his earlier experience in Istanbul, Wilkins and the team faced myriad obstacles while trying to accomplish three important tasks. First, the team wanted to ensure the democratic operation of the U.N. Commission on Human Settlements (UNCHS) by preventing the commission’s expansion to include 12 private organizations hostile to family and religious values. They also wanted to prevent formal recognition of the seven-member Huairou Commission, an antitraditional family and openly prohomosexual rights group. Finally, the team wanted to ensure that the profamily language in the Istanbul Habitat mandate remained intact in the “implementation resolutions.” “Accomplishing any one of these results,” says Wilkins, “would be remarkable.” The fact that all three were accomplished was, again, “the legal equivalent of the parting of the Red Sea.” Fighting severe illness, exhaustion, and several antifamily groups, the battle often went into the early morning hours. Cory Leonard, director of student programs for the David M. Kennedy Center (and instructor of the Model U.N. Program), joined Wilkins as a member of NGO Family Voice, a registered nongovernmental U.N. organization created jointly by the J. Reuben Clark Law School and the Kennedy Center. Mike Lee and Carrie Taylor, Law School students, and William Perry, a BYU international relations major, rounded out the team. Beyond their immediate success at the conference, several more constructive alliances were initiated. For example, the Romanian ambassador (who was a key in ensuring the success of Family Voice goals) invited Wilkins to discuss cooperation between Family Voice and the Romanian government with the president of Romania. The Iranian ambassador, referring to Family Voice, said that “your orga- nization is different from the others” and then asked if it was merely “political posturing” or “based on a deeper spiritual foundation.” This “different from others” feeling came about because most others from the western European nations and the United States

30 Clark Memorandum Above: Wilkins letter faxed to Utah senators Bob Bennett and Orrin Hatch. Below right: The senators’ facsimile response.

virulently opposed any mention of the family in the imple- mentation document. Faced with a recalcitrant U.S. dele- gation, Family Voice contacted Senators Bennett and Hatch, who in return faxed a corrective letter to the U.S. delegates, which helped to quell further U.S. public sup- port of homosexual rights. (The U.S. delegates continued their opposition to profamily language, however.) The foundation of Family Voice has been “The Family: A Proclamation to the World” from the First Presidency and Council of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints. Often in times of overwhelming odds, that statement has invigorated the Family Voice dele- gation, giving them strokes of intelligence and the strength to see the process through. And at center stage of this drama has been Richard Wilkins. He always did have a flare for drama and has taken his love for the acting stage to the world political stage. Wilkins could well be nominated “best supporting actor” for his untiring and spirited role defending the family.

Clark Memorandum 31 Richard W. Jones ’82 Arlen D. Woffinden ’77 and his wife, Jean, and his wife, Debi, called to Atlanta, Georgia called to Belo Horizonte, Brazil

Richard W. Jones, age 42, Kaysville 20th Arlen D. Woffinden, age 47; Santa Ward, Kaysville Utah Crestwood Stake; Margarita Ward, Santa Margarita Stake; stake Young Adult advisor; former high ward mission leader; former high coun- councilor, bishop, elders quorum president, Young Men presi- cilor, stake Young Men president, bishop, ward Young Men pres- dent, Sunday School president and teacher, and missionary in the ident, and missionary in the Brazil North Mission; attorney, Washington dc Mission; attorney; received bachelor’s degree in partner in law firm; received bachelor’s degree in English and economics and law degree from byu; born in Columbus, Ohio, to economics and juris doctorate from byu; born in Honolulu, Milton Bennion and Grace Elaine Guymon Jones; married Jean Hawaii, to Charles Maurice and Ruth Jane Rynearson Woffind- Knudsen, five children. She is stake Young Adult advisor; former en; married Debi Nielsen, five children. She is Laurel advisor; Young Women president’s counselor, Relief Society president’s former member of stake Young Women board, ward Young counselor, Relief Society homemaking leader and teacher, activi- Women president, Primary president, Relief Society teacher, ties committee chairman, and missionary in Osaka, Japan; ward children’s choir director, and ward music chairman; received degree as a registered nurse from byu; born in Salt Lake received associate degree in business from byu; born in Portland, City to Jesse Deroid and Marjorie Lorraine Ludlow Knudsen. Oregon, to Delmar and Marjorie Avery Nielsen.

FOUR ALUMNI CALLED TO SERVE AS MISSION PRESIDENTS

Four law grads left the Missionary Training Center in June to preside over missions in both North and South America. Now 13 Law School alumni have received such callings. They have been called by the First Presidency to these volunteer positions for the next three years. Sensing both the blessings and the burdens that attend this full-time service, on behalf of the members of the J. Reuben Clark Law Society, the Clark Memorandum wishes each of them and their families good health and happiness.

Robert G. Dyer ’77 Kevin E. Monson ’79 and his wife, Lynda, and his wife, Barbara, called to McAllen, Texas called to Montevideo, Uruguay

Robert G. Dyer, age 50; Cardiff First Kevin E. Monson, age 42; Fountain Ward, Del Mar California Stake; stake Valley 1st Ward, Huntingdon Beach president; former high councilor, bish- California Stake; bishop; former high op’s counselor, branch president, Young Men president, high councilor, stake Young Men president, bishop’s counselor, high priests group leader, Sunday School teacher, and missionary in priests group leader, and missionary in Brazil, Paraguay, the Cordoba Argentina Mission; attorney; received bachelor’s Uruguay, and Texas; attorney; received bachelor’s degree in degree in chemistry and juris doctorate from byu; born in political science and juris doctorate from byu; born in Culver Washington, dc, to James Glenn and Nona Richards Dyer; City, California, to Eldon Eugene and L. Jeanne Ellett Parks married Lynda Hancock, 10 children. She is a Sunday School Monson; married Barbara Sue Condie, four children. She is a teacher; former Primary president, Young Women president’s ward Relief Society president counselor; former stake Primary counselor, Primary chorister, and Laurel advisor; received bach- president’s counselor, ward Young Women president, activities elor’s degree in elementary education from byu; born in La committee member, and Cub Scout leader; received bachelor’s Jolla, California, to Lynn Young and Ada Bell Gifford Hiner degree in home and family education from byu; born in Pomona, Hancock. California, to James and June Palmer Condie.

32 Clark Memorandum Photography by Joseph Putman