SUMMER/FALL 2006

JUDICIAL VIOLENCE Tipping the Scales

Tribal Courses Deliver Impact

Maryland’s Technology Court

The Complex Litigation Puzzle

Family of Judges: It’s in Their Blood CASE IN POINT Vol. 5, No. 2, Summer/Fall 2006 CASE IN POINT is published two times a year by The National Judicial College. Articles and information that appear in CASE IN POINT do not necessarily reflect the official position of The National Judicial College. Published articles do not constitute an endorsement of views which may be expressed. Readers are invited to address comments and suggestions to the publisher/editor; however, we cannot guarantee the publication or return of unsolicited manuscripts. CASE IN POINT articles and content are copyright protected. The National Judicial College encour- ages republication and dissemination of articles it publishes with permission. To secure permission to reprint CASE IN POINT articles, please contact the publisher/editor. CASE IN POINT the The National Judicial College Judicial College Building/MS 358 Reno, NV 89557 Editorial Team (800) 25-JUDGE (800-255-8343) From left to right: Fax: (775) 327-2167 Trace Robbers, Director of Communications www.judges.org Christina Nellemann, Graphic Designer EXECUTIVE OFFICE Heather Singer, Communications Specialist Hon. William F. Dressel, President Nancy Copfer, Scholarship Officer EXECUTIVE EDITOR Trace Robbers 2007 Courses Offered on Campus, Online and Around the Nation (775) 784-6747 email: [email protected] eeting the educational and professional development needs NJC BOARD OF TRUSTEES of the judiciary is the key focus for the NJC’s staff and Justice Carl O. Bradford, Chair, Portland, ME Thomas M. Susman, Esq., Chair-Elect, Washington, D.C. faculty – and we believe we do it better than anyone. Now Hon. Deborah A. Agosti, Ret., Secretary, Carson City, NV entering our 44th year of service, we are committed to Oliver C. Mitchell, Jr., Esq., Treasurer, Roseland, NJ providingM a dynamic curriculum leading to an enhanced understanding of the Brian A. Larson, Esq., Immediate Past Chair, Las Vegas, NV complexities of the rule of law. The College’s 2007 course schedule provides Marybel Batjer, Las Vegas, NV Hon. Elihu M. Berle, Los Angeles, CA an innovative menu of more than 70 courses and programs aimed at improv- Michael L. Buenger, Esq., Jefferson City, MO ing judicial proficiency and competency. Each year, we educate more than Hon.Tyrone T. Butler, Washington, D.C. 3,000 judges from around the country and the world, and with our expanded Frederick P. Furth, Esq., Healdsburg, CA offerings on campus, online and at various locations across the nation, taking Thomas V. Girardi, Esq., Los Angeles, CA a course from us has never been easier. Hon. Procter R. Hug, Jr., Reno, NV Gary N. Jacobs, Esq., Las Vegas, NV As the year draws to a close, we once again thank the College’s many part- Richard Morgan, Esq., Las Vegas, NV ners who have supported our efforts nationwide. Individuals and corporations Hon. Denette “Dennie” Mouser, Bentonville, AR that have donated to the NJC are profiled in our annual donor section, and we Hon. James M. Riehl, Port Orchard, WA thank them for their continued support. The NJC also greatly appreciates the Hon. Frederic B. Rodgers, Golden, CO Richard Willard, Esq., McLean, VA assistance of our sponsors, LexisNexis®, ExhibitOne®, and CourtCall® for Saul A. Wolfe, Esq., Livingston, NJ their generous support of our programs and services, and for their sponsor- FACULTY COUNCIL ship of this issue of Case In Point. Hon. Ken Kawaichi, Chair, San Francisco, CA A special note of thanks goes out to Nancy Copfer, NJC scholarship BOARD OF VISITORS officer, who is celebrating 25 years of service at the College. Her dedication, Michael DeMarco, Esq., Chair, Boston, MA insight and commitment to her work are benchmarks for which all of us here CHAIR EMERITUS Walter H. Beckham, Jr., Esq., Miami, FL at the College can strive. Thanks also to the editorial team of Christina Nel- Hon. B.B. Schraub, Seguin, TX lemann and Heather Singer for writing, editing and designing this outstanding PHOTOGRAPHY issue. We look forward to seeing you at the NJC in 2007. Jeff Ross Photography Stuart Murtland Photography Heather Singer, The National Judicial College Thanks for reading. summer/fall 2006 DESIGN & PRODUCTION Christina Nellemann, The National Judicial College A. Carlisle & Co. Printing, Reno, NV Trace Robbers Director of Communications

C o n t e n t s Vol.5, No.2

1 Judicial Violence: Tipping the Scales By Gary Hengstler, Director, Donald W. Reynolds National Center for Courts and Media 3 A look at recent, and seemingly escalating, violence toward judges and their families.

Threats to Judges – and Their Independence – Mount From USA TODAY, a division of Gannett Co., Inc. 6 The assault on judges is threatening to unravel our nation’s balance of -ARYLANDSpower, and the right of those judges to make a fair decision. ฀ ฀Maryland’s Ground-Breaking Technology Court ฀By Judyth Pendell, Senior Fellow, AEI-Brookings Joint Center for Regulatory Studies

The Maryland legislature and judiciary have created the nation’s 12 first Business and Technology Case Management Program to simplify and organize Maryland’s courts.

2 President’s Column 5 Justice From Coast to Coast: 2007 Seminar Series 7 Silver State Schools Credit Union / Tribal Symposium 8 Treasure Chest of Knowledge: Judge James Richards 9 Reinforcing Aggression: The True Cause of Dog Maulings 10 Justice: It’s in Their Blood 11 NJC Year End Giving Campaign 14 Michael Pope to Help Honor Judges 16 The Complex Litigation Puzzle 19 A Fresh Perspective 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C 20 NAALJ 2006 Conference Wrap-Up: Seattle 20 Villains Campaign Captures the 2006 Spotlight 21 University Inn Closing / Knowledge and Experience 22 Back on TRAC Update 23 Pacific Islands Program 24 What is the Future of the Judiciary?: 116th Jackson Lecture 25 Constitution Day Lecture / Brave New World: 115th Jackson Lecture 26 Going the Distance 27 Faculty Focus / NJC Course Spotlight DEPARTMENTS 28 2007 Courses 29 NJC Press c o n t e n t s 30 NJC Press Book Order Form 31 Benchmarks 32 Faculty & Staff 33 Giving News 34 Board of Trustees 35 Donors t h e n a t i o n a l j u d i c i a l c o l l e g e 2 ming border. a remote siteontheColorado/Wyo- viduals involvedinthismovement at enforcement apprehended theindi- and thatofmyfamily. Eventually, law best toprovide formypersonalsafety and dangerous. Iwasbriefedonhow viduals were believedtobearmed safety wasatrisksincetheseindi- law enforcement thatmypersonal public officials)andIwasadvisedby for myarrest (alongwithseveralother dismissed. Next,awarrantwasissued me whichwasalsosubsequently bankruptcy petitionwasfiledagainst the lienstobeinvalid,aninvoluntary general obtainedanorder declaring me. AftertheColoradoattorney dollars inlienshadbeenfiledagainst credit updaterevealing thousandsof was tocomewhenmybankrana ThefirstinklingIhadofwhat in theStateofColorado. foreclosure casesIhandledasajudge geted mebasedonFederalLandBank because intheearly1990’s, theytar- decisions. Iremember themwell, because theydisagreed withtheir harassment andthreats ofviolence targeted judgesacross Americawith groups who,aboutadecadeago, men, orConstitutionalists.Theywere N l e s s n e m r d u l F. o m C a i l l i ’s W t . n n o e H d i s e r P Posse Comitatus,Free- days remember the ot manypeoplethese people itwasashockingrevelation while standinginhisoffice. For most Weller was shotthrough awindow try. RenoFamilyCourtJudgeChuck Nevada madenewsacross thecoun- Recently, ahorribleeventin justice systemstillexist. houses, andtothosewhouseour but sadly, threats tojudges,court- longer activelythreatening judges, Today, thesemovements are no Impartial Fair and Justice It ispartofwhatmakesAmerica great. in ourjusticesystemfreely andfairly. accused –mustbeabletoparticipate –lawyer,Everyone judge,victim,or and itisessentialthattheybesafe. asawhole, system ofgovernment just ofourjusticesystem,but zens. Courtsare anessentialpart,not forum thatisaccessibletoallciti- system knowtheimportanceofa Thosewho workforthejustice Weller. tant givenwhathappenedtoJudge improve security, allthemore impor- financial supportforstatecourtsto amendment wouldauthorizefederal seeking fairandimpartialjustice.The whogotoacourthouse the country witnesses, victims,andcitizensacross protection ofjudges,prosecutors, would strengthen andexpandthe Security Improvement Act)which Defense AuthorizationBill(theCourt has pursuedanamendmenttothe Reid(D-Nev.)fast enough.Sen.Harry safety andindependence,albeitnot wide toadvancethecauseforjudicial We are makingprogress nation- reminder ofthepotentialforviolence. houses, butformanyitwasjustasad of thelacksecurityatourcourt- he normal tranquility of By Gary Hengstler, Director, • Out of 854,083 screenings at refl ective discussion at The Donald W. Reynolds National the courthouse in 2005, 15,000 National Judicial College in Center for Courts and Media knives, two guns and about 3,000 T Reno, Nev., abruptly gave other potential weapons were way to anxiety June 13, 2006, as found. 3 police guarded the front and rear • In at least 20 instances since entrances to the College and the 2000, individuals had to be bass drumbeat of helicopter blades removed from the courthouse crisscrossed the skies over the because of safety concerns. campus and downtown. The unthinkable had • At least fi ve bomb threats have happened. A local family court been made to the courthouse since judge standing at a window in 1999. his chambers had been shot by a • And in a prescient notation, one sniper. of the report’s contributors stressed In the initial hours, a key that “every window on the fi rst unanswered question was whether fl oor” of the courthouse is unse- the attack was directed solely at a cured. single judge or whether someone had a beef with the judiciary in Washoe County District general. Taking no chances, the Court Administrator Ron Longtin police directed a lockdown of the helped prepare the report, which courts. described the windows as being Coming within a year of the nothing but “glass-covered holes.” fatal shootings of Atlanta judge, He said there is no alarm system Hon. Rowland Barnes, his court to indicate entry through such reporter and a deputy sheriff and vulnerable areas by a burglar, the murders of the husband and vandal or individual who might mother of federal judge, Hon. have malicious intent. The report Joan Lefkow, in Chicago, the Reno recommended the installation of tragedy raised anew an issue that bars or even bullet-proof glass. gnaws at the very roots of our Longtin said the bulk of the cherished concept of respect for recommendations addressing the rule of law: How to pro- the security issues have not been vide adequate security for those implemented. In the wake of the entrusted to administer our judicial sniper attack, Longtin emphasized, system in an age of increasing violence “We’ve got to start now. It isn’t a and terrorism? question of whether another incident At one time, it might have been may occur, but when.” easier to dismiss attacks on judges as JUDICIAL In his State of the Judiciary aberrational, such as the assassination Address in 2006, California Supreme in 1979 of federal judge, Hon. John Court Chief Justice Ronald M. George Wood, in San Antonio or the injuries pointed to the collateral impact physi- to Maryland judge, Hon. John P. Cord- VIOLENCE cal attacks and threats directed to the court have on the legal system itself:

erman, when he opened a letter bomb 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C in 1989. “Courthouses must be a safe harbor to Now, however, the peril must be Tipping the Scales which members of the public come to taken much more seriously. Although resolve disputes that often are volatile. fi gures for threats to state and local In the shadow of recent Once courthouses themselves are per- judges aren’t available, the U.S. Mar- events, the security of ceived as dangerous, the integrity and shals Service reports that threats against effi cacy of the entire judicial process is federal judicial offi cials have shown judges and the courtroom in jeopardy.” a dramatic increase – now averaging Or, as CBS legal analyst, Andrew around 700 threats a year. On the state has been jeopardized. Cohen, fl atly stated, “Judges and their level, New York reports show more In response to these attacks, families must be better protected in than 120 threats against state judges are this age of terror.” made annually. several organizations are Agreed. But how to protect court And in Reno, at the Washoe County taking a serious look personnel and how much governments Courthouse, consider these facts from are willing to spend for court security the draft of a report on security con- at judicial safety. remain the key unanswered questions. cerns issued three weeks before the June For example, prisoner transporta- 13 shooting of Hon. Chuck Weller. tion was the subject of a 1997 study by the National Institute of Justice in t h e n a t i o n a l j u d i c i a l c o l l e g e 4 assessment oftheir physicalskills. cers toongoing performancestandards, includingperiodic • Studyingfurtherthefeasibility ofsubjectingcourtoffi - against witnesses,jurors andvictims. offenses similartothehigherdesignation giventocrimes designed toimpedethejudicial process, aggravated • Makingcrimesagainstjudges andcourtpersonnel, teleconferencing. to makeroutine courtappearances viavideo authorityfordefendants • Expandingthestatutory cers torespond toemergencies. • Creating SWAT-like teamsofspeciallytrainedcourtoffi - • Providing bullet-resistant vestsforallcourtoffi cers. judges. • Providing bullet-proof benchesforallofthestate’s 1,200 Among therecommendations were: member taskforce studiedthematter. improved courtsecurityaftera10- came upwith47proposals lastyearfor istration inNewYork, forexample, systems. TheOffi ceofCourtAdmin- prompted allstatestoreview their Infact,the stringofviolentattacks on judgesandtheirfamilieshave houses throughout thestate. security standards toapplyallcourt- increased deputystaffi ngandcreating rity, withemphasisonbettertraining, are reviewing allaspectsofcourtsecu- a result ofthetragedy, Georgia offi cials Nichols’ shoeswhilehewasincourt.As homemade kniveshadbeenfoundin reported thatearlierintheweek,two inAtlanta were Securityconcerns further exacerbatedwhenthepress andtwoothers. killing JudgeBarnes to getagun,Nicholsnowisaccusedof Deputy CynthiaHall.Aftermanaging prisoner, BrianNichols,overpowered fully materializedinAtlantawhena are wellaware oftherisks.Thoserisks that thoseresponsible forcourtsecurity Althoughthestudyisnearlya decade old,itunderscores thenotion situations.” force tocontrol defendantsinhigh-risk their increased abilitytoapply“physical was challenges.” Amongtheirconcerns prepared tomeetnewandemerging tion, many“felttheywere notfully acknowledgedreceiv- Whilemostofthosesurveyed ing trainingincourtsecurityandprisonertransporta- facilities.” high priorityoncontrolling accessintocourtandjudicial half thecourtagenciesandsheriff’s offi cessaidtheyputa Accordingpressing concern.” tothestudy, “fewerthan and monitoringprisonersinthecourtroom wasthe“most study determinedthatthesafetyofpersonneltransporting conjunction withtheNationalSheriff’s Association.The with in their every- because they don’t segment ofsociety who are desperate desperate who are day livesday –people don’t have to deal people whomight that most people that most who are violent, who are “We dealwitha “We not be mentally not bementally stable, people stable, more to lose.”more have much - HonLeeSinclair Available ontheNCSC’s website –www.ncsconline.org/wc/ Guide,” issued bytheNationalCenterforState Courts. ment, canbefoundinthe“Court SecurityResource Perhaps ofthemulti-faceted issues thebestsummary on thesubject,aswellrecommendations forimprove- experts onwhatneedstobedone. past coupleofyears,there isnodearthofproposals from Certainly, are notnew. thecourtsecurityconcerns And withthefocusonviolenceagainstjudgesin being.” toinsuresecurity measures his/herwell- maybenecessary “it issometimesdiffi culttoconvinceajudgethatextra scheduling),” amongothers.However, healsonotedthat areas, increased contactwithfamilymembers(especially including “alteringschedules,givingattentiontoparking several recommendations fortheprotection ofjudges, special agentandcourtadministrator, KevinIlliad,offers Typical istheanswerDicksonCounty(Tennessee) pare thebudgetandhopefor best. governments Andcostiswhere therubberhitsroad in terms ofcourtsecurity. Particularlyinsmallercounties, cost willincrease signifi cantly. as thepapernoted,ifproposals are implemented,that percent ofits$2.1billionbudget,oncourtsecurity. Still, According totheNewYork theOffi LawJournal, ce of CourtAdministrationspent$342million,ornearly17 National JudicialCollege,retired FBI in theCourthouse,”publishedbyThe Inhisbook,“CourtSecurity:Calm ened. judge cantakeifheorshefeelsthreat- protection. However, there are stepsa adjust theirlivestoaccommodatesuch that mostjudgeswouldwanttohave judges andtheirfamilies.Norisitlikely where armedbodyguards are assignedto nately, wehavenotreached thestage simply bythenature ofthejob.Fortu- judge surrenders ameasure ofprivacy able –inthejudge’s privatelife.Every the judgewhere heorsheismostvulner- courthouse, itself,candolittletoprotect Still,strengthening securityatthe will shakefree somefi nancing.” hoping thecurrent fl ashofpublicinterest courthouses intofortresses. Theyare also approaches becausemanyfearturning how tobeefupprotection –“debating offi are cialseverywhere re-examining slayings inAtlantaandChicago,court security.” Sheaddedthatwiththe ascatalystsforenhanced dent toserve it takesamurder plotoraviolentinci- reporter, Deborah Sontag,noted,“Often However, asNewYork Times commission, itjustwasnotapriority.” to citizensonthestreet andthe(county) the courtsystem,butwheneveryoutalk with? Thesecuritywasatoppriorityto doyouaway gets, butwhatservices Herald: “Peopletalkaboutcuttingbud- Mayor LindaFraziergavetotheDickson Education/CtSecuGuide.htm – the collection of data people who are desperate because they don’t have covers the following topics: much more to lose.” • Best Practices Judge Sinclair’s observation is a statement of the • Strategic Planning reality facing our judicial system. At the same time, • Incident Reporting though, the view of Sen. Harry Reid, D-Nev., who • Screening Policies called for increased federal funding to help court- 5 • State Reports and Guidelines houses across the nation make the needed improve- • Rural Courts ments, is equally true: “Judges like Chuck Weller, • Facilities their clerks, jurors and others who are serving their • Training country and upholding the law must be free to do • Risks to Judges so without threats to their lives. Congress should • Court Personnel and Related Offices take immediate steps to try to prevent a recurrence • Workplace Violence of the Reno tragedy in Nevada courthouses and in • Individuals with Disabilities courthouses elsewhere in the United States.” NJC • Terrorism and Homeland Security • Emergency Management Gary Hengstler is the director of the Donald W. Reynolds • Transporting Prisoners National Center for Courts and Media in The National Judicial College. He is also the acting public information As Ohio common pleas judge, Hon. Lee Sin- officer for Washoe District Court. clair, told the Los Angeles Times, “We deal with a segment of society that most people don’t have to deal with in their everyday lives – people who are violent, people who might not be mentally stable,

he National Judicial College’s Seminar Series improves each year in its Justice variety of enriching courses at cultural and historical locations across Tthe nation. And, 2007 will be no exception. Staff and faculty members from at the NJC designed a 2007 curriculum to ensure participants receive an in-depth understanding of today’s complex judicial issues. By attending the to NJC’s seminars, judges are able to broaden their knowledge bases, examine emerging challenges facing the court system and be better prepared to handle challenging judicial issues. The Seminar Series courses are held at desirable locations, close to America’s cultural and natural treasures and attract participants from across the nation. The courses offer an excellent opportunity to explore unique issues in a motivating, collegial format while complimenting current judicial career training. These seminars are designed specifically for members of the judiciary seeking practical solutions and insight on current judicial issues. Each participant 2007 Seminar Series is responsible for making his or her own hotel and travel reservations. The NJC Evidence in a Courtroom Setting has a limited number of rooms reserved at special conference rates. Tuition and Feb. 18-22 • Orlando, Fla. conference fees are per person/per seminar. The regular tuition is $1,195 with a discounted rate of $1,095 available up to 90 days prior to each course. The Today’s Justice: The Historic Bases 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C March 18-22 • Wash., D.C. conference fee for each Seminar Series course is $230. The NJC’s Seminar Series faculty members are career legal professionals and Judicial Writing have been chosen for their depth of knowledge, teaching skill and real-world ori- April 15-19 • Jekyll Island, Ga. entation. The 2007 faculty members include Hon. Don Ash, Murfreesboro, Tenn., Advanced Evidence Hon. Jess Clanton (ret.), Langley, Okla., Hon. Andre Davis, Baltimore, Md., Hon. May 27-31 • Philadelphia, Pa. Sam DeSimone, Woodbury, N.J., Hon. O.H. Eaton, Jr., Sanford, Fla., Hon. Kevin Emas, Miami, Fla., Professor Elizabeth Francis, Reno, Nev., Hon. George C. Hanks, Conducting the Trial Jr., Houston, Texas, Carol Herrera, Santa Fe, N.M., Professor Joseph Hoffmann, June 3-7 • Sun Valley, Idaho Bloomington, Ind., Hon. William Hughes, Noblesville, Ind., Hon. Karen Hunt Current Issues in the Law (ret.), Anchorage, Alaska, Hon. C. Darnell Jones, II, Philadelphia, Pa., Dr. John P. Aug. 26-30 • Bar Harbor, Maine Kaminski, Madison, Wis., Hon. Cynthia Stevens Kent, Tyler, Texas, Hon. William Dispute Resolution Skills Meyer (ret.), Denver, Colo., Hon. James Morrow (ret.), Anoka, Minn., Hon. Reba Sept. 2-6 • San Francisco, Calif. Page, Falls Church, Va., and Hon. V. Lee Sinclair, Jr., Canton, Ohio.

Enhancing Judicial Bench Skills To register, or for more information, please contact the NJC registrar at (800) 25-JUDGE Oct. 28-Nov.1 • Charleston, S.C. or [email protected]. Early reservations are encouraged. Handling Capital Cases Nov. 4-8 • New Orleans, La. t h e n a t i o n a l j u d i c i a l c o l l e g e 6 ment orfrom privateorpoliticalinterests. Inmostcases,fair Unfortunately, judges across the USAare facinga retribution orbodily harm. Andlikeumpires, Roberts mighthaveadded,judges need tobeablecall‘emas they see‘em,withoutfearof rules.” judge iscritical.Theymakesure playsbythe everybody the rules;theyapplythem.The role of an umpire and a Court confirmationhearinglast fall.“Umpires don’t make “Judges arelike umpires,” NJC President Hon. William F. Dressel maintained forthebenefitofall. wraps thiscountry, andmustbe ethical andconstitutionalfabricthat Asthearticlebelowillustrates, judicial autonomyisimportanttothe level.” with judgestodayisataveryintense from around thecountry. “Unhappiness recently toldagathering of statejudges to judicialindependence,”O’Connor about thecurrent climateofchallenge nationwide. “I’mincreasingly concerned judges are undergrowing politicalattack Retired Supreme CourtJustice Sandra DayO’Connorsaidshefears and are evenescalating. to fairandimpartialjusticecontinue, tenure. Despite thistradition,thethreats judges long,andsometimeslifetime, and impartialjusticeissecured bygiving and notsubjecttoinfluencefrom theotherbranchesofgovern- J doctrine thatdecisionsofthejudiciaryshouldbeimpartial udicial independence(i.e.,fairandimpartialjustice)isthe Court bashingendangersjustice, undermines national stability Threats toJudges –andTheirIndependenceMount

John RobertssaidathisSupreme (Illustration by Christina Nellemann, NJC) Source: U.S. MarshalsService 2002 565 the pastfour years: employees have increased eachof attorneys andfederal judicial communications to judges, U.S. Threats andinappropriate 2003 585 Rising threats 2004 674 Warren, outlawed racially segregated schools, and “Impeach Railingagainst“activistjudges”goes backatleast to 1954,when thehighcourt,underChiefJustice Earl protect. Amendment guaranteethatthe Supreme Courtisbound to mind thatsuchrulingsgostraight totheheartofFirst andreligion. Never involving theseparationofgovernment stop federalcourtsfrom rulingonabroad arrayofcases • Congressional are conservatives backingameasure to Perhaps themosttroubling effort isameasure on citizen’severy abilitytogetafairshake. undermine thenation’s traditionofjudicialautonomyand broad assaultontheindependencethatthreatens to 2005 953 language inthePledgeofAllegiance. over challengestothe“underGod” to stripfederalcourtsofjurisdiction • TheHousepassedabilllastmonth ought toknowbetter: from members ofCongress who Atthe federal level,muchofthe push tocurbjudges’authoritycomes be tomakeit. decision, thelesslikelyajudgewould lar calls.Thelesspopularapotential haul umpires intocourtforunpopu- like givinghomecrowds theabilityto Passageofdangerous amend- ments, suchasthisone,wouldbe by votersinNovember.] Dakota. [Thisinitiativewasdefeated other statesiftheysucceedinSouth of thisapproach plantotakeit they makefrom thebench.Backers them tobesuedfortherulings judges ofimmunityandallow November thatwouldstripstate South Dakota’s ballotthis Earl Warren” signs sprouted in many states. Last year, it Silver State Schools Credit reached new virulence during Congress’ extraordinary efforts Union Scholarship Fund to prevent the husband of Terri Schiavo from taking the brain-damaged Florida woman off life support. When every n working to enhance educational opportunities in court ruled that the law backed Schiavo’s husband, outraged its state, Silver State Schools Credit Union (SSSCU), social conservatives threatened everything from impeach- I 7 a Nevada company, has established an endowment for ment to budget cuts. scholarships for judges to attend innovative courses at The rhetoric has died down, but not the bad ideas and the NJC. the passions: Threats against federal judges and other court “We have an endowment set up for the University personnel increased 40 percent last year, according to the of Nevada, Reno, College of Education, and we felt that U.S. Marshals Service. establishing one at The National Judicial College would Although the more extreme legislative proposals appear follow our mission of enhancing educational opportu- unlikely to succeed, the virulence of the assault worries nities throughout the state,” expressed Gilbert Niimi, leaders from all parts of the political spectrum. Former FBI executive vice president of SSSCU. “We would like to do director William Sessions recently joined with a Democratic more. We believe this is only the beginning.” law professor to decry efforts to subject judges “to the whims Due to a lack of state funding, more and more of partisan politicians.” judges are relying on the NJC’s scholarship program Retired Justice Sandra Day O’Connor calls these moves, to pay for their continuing education. The Silver State particularly South Dakota’s measure and others like it, a Schools Credit Union Scholarship Endowment consists challenge to the intentions of the Constitutions framers. They of $15,000 for 2006 and $10,000 a year for the following intended three branches of government, each with power to five years. Niimi said SSSCU values education and real- affect the others, but each independent, letting all three “do izes the importance of judges being trained to administer their jobs,” she told the USA TODAY editorial board recently. justice. Free speech gives everyone the right to boo the umpires, SSSCU is dedicated to educating its members on and the judges. But threats to sue, restrict, remove or even financial issues that arise within their communities as kill them for unpopular decisions have no place, either on well as nationally. SSSCU, founded in 1951, is a premier the ball field or in the courtroom. financial cooperative owned and operated by its members. To learn more about how you can provide a gift From USA TODAY, a division of Gannett Co., Inc. Reprinted with that will assist a judge with a scholarship, please contact permission. Development Director Gretchen Alt at (800) 25-JUDGE or [email protected].

Spreads Awareness on Public-Law 280

n September of 2006, the National Program Attorney Christine Folsom- that tribal judges network with the ITribal Judicial Center (NTJC) at Smith. “The participants were able state judges nearest their jurisdictions The National Judicial College (NJC) to talk about the issues they face in to build bridges and open the lines of co-presented the Tribal/State Jurisdic- dealing with PL-280.” communication to handle the tion Symposium with the Intertribal The goal of the conference was to challenges created by PL-280,” 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C Court System of Southern California. recalled Folsom-Smith. The purpose of this two-day event Sarah Deer and Dave Raasch The symposium, which was was to educate tribal judges, preceded by the First Annual ICSSC attorneys and justice leaders in Charity Golf Tournament at the PL-280 states on complex jurisdic- Redhawk Golf Parkway in Temecula, tional issues. Sponsored by a grant Calif., included an overview of the from the U.S. Department of Justice, PL-280 jurisdiction, sessions on Office of Justice Programs, Bureau of regulatory and civil jurisdiction, juve- Justice Assistance, the event was held nile justice, Indian Child Welfare Act at the Pala Casino Spa Resort in San spark dialogue among tribal and state cases, state/tribal relations focusing Diego. It drew 47 participants and officials to resolve some complicated on cross-jurisdictional enforcement of consisted of 13 faculty members. and significant PL-280 issues, said orders and intergovernmental agree- “The symposium provided an Folsom-Smith. ments as well as domestic violence excellent forum for some of the local “Dave Raasch, tribal program issues surrounding cross-jurisdic- tribes to network and interact with coordinator at Fox Valley Technical tional enforcement. The event was tribal people from other PL-280 College, provided the essence of the followed by a half-day Intergovern- jurisdictions,” explained NTJC symposium when he recommended mental Agreements workshop. NJC DONOR PROFILE 8 Treasure Chest of Knowledge Judge James Richards Attributes his Effi ciency to The NJC

ndiana Judge James Richards took the bench in 1963. bench. He still serves as a retired senior judge in Indiana, The following year he attended The National Judicial presiding over cases approximately 30 to 35 days a year. College, where he learned the skills and knowledge he “I loved it,” he said of sitting on the bench fulltime I before his retirement. “I enjoyed every minute of it. I had would need to be a more effi cient and productive jurist. “Attending The National Judicial College was the best the best occupation you could have. When you like what thing that ever happened to me you do, time means nothing. It gave me a great deal of because it got me started on the satisfaction. You can see yourself right foot,” said Judge Richards. having an effect in your community “The Judicial College gave me the “[The] NJC puts and throughout your state.” best start I could have hoped for.” As a judge who remains active Since 1964, Judge Richards judges in contact in his community and in many has taken many NJC courses, with judges from organizations, Judge Richards said served as an NJC faculty member judicial outreach is an important and as a member of the NJC’s other states so they part of being a member of the Board of Trustees. He has never can learn how other judiciary. In addition to local forgotten the impact the College community involvement and his had on his judicial profi ciency, judges operate.” dedication to The National Judicial and in return remains an avid sup- College, Judge Richards served as porter of the 43-year-old institu- ~ Hon. James Richards president of the Indiana Judges tion. Since 1985, Judge Richards Association, the Indiana Judicial has made a fi nancial donation Center and the National Conference almost every year to the College. of State Trial Judges. He currently “We are very grateful to him,” said NJC Development serves as a member of the board of directors for the Com- Director Gretchen Alt. “He has done so much for the munity Foundation of Northwest Indiana, an organization College. He has donated consistently for the past 20 years that operates three hospitals in his area. When he is not – gifts that have helped the NJC enhance its nationwide helping enhance his community, he spends his time fi shing programs and services.” and hiking. Judge Richards donates to the College in order to give “I just got back from Wyoming,” he said. “The fi shing o l l e g e was good and the weather was beautiful.”

c something back to the institution that gave his judicial career a boost in the very beginning, he explained. He said Judge Richards studied at the University of San Fran- the knowledge he learned at the NJC helped him feel more cisco and Indiana University. He earned his law degree confi dent on the bench and made him able to deliver fair from Northwestern University and began a private practice and impartial justice in his community. in Hammond, Ind., in 1952. He was fi rst elected to the bench in 1963 when he was working as a city attorney. u d i c i a l “I think The National Judicial College is the greatest j asset judges have, particularly judges who are just begin- Advice he said he would offer to new judges includes, “Get ning their careers,” he said. “Every judge should have the your work done when you are supposed to and be in court experience of going to the NJC. It puts judges in contact when you are supposed to be there. If you are there on with judges from other states so they can learn how other time, you’ll keep all the lawyers happy.” NJC judges operate.” a t i o n a l A resident of Munster, Ind., Judge Richards retired For information on giving to the College, please contact n Jan. 2, 2002 and, at the time, held the record of being Development Director Gretchen Alt at (800) 25-JUDGE or [email protected].

h e Indiana’s longest serving active judge with 39 years on the t THE WOUNDS shown in the evidence shoulders and stomach in efforts to produce grafts that photos were graphic. The victim had flesh severed from will cover the wounds. his arms as well as deep punctures and tears to muscles Fortunately, most dogs make great pets and compan- in his stomach. This was not the result of an attack from ions and do not pose a threat to the community. As these a knife-wielding, maniacal madman; rather, it was that of recent cases show, however, certain breeds have a propen- sity to be highly aggressive. While any dog can become a vicious dog with powerful jaws and teeth no less deadly. 9 According to the testimony given in court, the victim was vicious through mistreatment or improper training, some simply walking to work early one morning when he was breeds have a far greater ability to do more damage. attacked by the dog after it jumped over a four-foot fence Some individuals specifically seek to own aggressive that separated it from the children and families living in breeds that have a reputation for tenacity and fighting the same neighborhood. prowess. While ownership of these breeds is not illegal, The police records entered into evidence showed that there is a corresponding responsibility, as with all dog on four separate occasions the same dog, without provo- owners, to maintain their animals in such a way that they cation, viciously attacked five do not become a threat to the other people, including a mother community. Even aggressive with her infant son. In each and REINFORCING breeds can be gentle crea- every one of these brutal attacks, tures when nurtured properly; the dog was subsequently AGGRESSION however, experts in the field returned to the owner without The True Cause oF Dog Maulings of veterinary medicine and restrictions after the mandatory animal control point directly rabies quarantine period had to owners as being ultimately passed because no one had thought, responsible for providing the proper or knew, to file a vicious animal environment, care and training for complaint in the local court. their dogs. Neglecting these respon- There has been much publi- sibilities, or even worse, reinforcing cized about dog maulings. Cases in vicious aggression, can create an California and Wisconsin received atmosphere for disaster for both the national attention when the human public and dog owners. victims of unprovoked attacks were As evidenced in many highly killed by someone’s vicious dog, and publicized attack cases, the public most recently in Arizona, a five- has become frustrated with the year-old girl was killed by a pair of inability or lack of responsibility of marauding dogs while she was play- dog owners to keep vicious dogs ing in her own front yard. contained and off the streets. Many Owners of vicious animals risk states have laws that provide a pro- the possibility of severe civil and cess for individuals to seek relief from even criminal prosecution when exposure to such vicious animals in their dogs attack people. In a par- By Judge Lex E. Anderson, Justice of the Peace their neighborhoods. These remedies ticularly gruesome and fatal attack Lake Pleasant Justice Court, Arizona are available to the public by filing in San Francisco, Calif., owners of a vicious animal complaints in the local vicious dog that killed a woman were courts. In most cases, after an indi- convicted of second-degree murder and manslaughter. vidual petitions the court, an order is issued to the Animal In Arizona, as well as nationwide, it is not unusual Care and Control Department of the county or municipal- to read about people who have been attacked and severely ity for the seizure of the animal. A court hearing follows injured by vicious dogs. Unfortunately, and all too often, where the allegations set forth by the petitioner and the victims of these vicious attacks are children. Some are response by the dog owner are aired in open court. The 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C left horribly traumatized, disfigured and even permanently court must ultimately make a determination as to whether disabled by the avulsion of tissue and muscle as a result of or not the dog is “vicious” as defined in the state statutes, a mauling. and subsequently determine the final disposition of the Take the case of eight-year old Omar Yepiz of Phoenix, animal. Under many statutory codes, a dog is deemed Arizona. He was attacked Christmas Eve two years ago vicious if it has a “propensity to attack, to cause injury or while playing on the sidewalk near his home. Omar fought to otherwise endanger the safety of human beings without for his life as two dogs, with a combined weight twice that provocation.” of his own, locked their jaws on the boy’s legs tearing off With most dogs, you get what you raise. And while and eating much of his calf and thigh muscle. The dogs in unprovoked attacks will inevitably occur in our communi- this case stopped their tenacious attack only after an adult ties from time to time, it is a problem that can be greatly struck them numerous times with a baseball bat. reduced in significance with the education of dog owners, In many instances, the surgeries necessary to restore enforcement of animal control laws and greater public damaged bodies means the emotional trauma created as awareness of available judicial remedies. Unfortunately for a result of a severe mauling does not end with the cessa- some, it is too late. As in Omar’s case, not even the hands tion of the attack. As of this date, Omar has gone through of the most skilled surgeon can mend muscle and tendons five lengthy and painful surgeries. He has had to endure that are no longer there. The public has the right to a the process of having skin tissue removed from his own reasonable expectation of safety from vicious animals. NJC t h e n a t i o n a l j u d i c i a l c o l l e g e 10 Evidence inaCourtroom Setting also cameback in2005fortheNJC’s Craig Hannahattendedaswell. He General Jurisdictionclass,Judge his fatherattendedtheNJC’s TheHannahsroots rundeepat the College.Twenty-four yearsafter was somethingI’llneverforget.” recalled JudgeCraigHannah,42. “It able toswearhiminaschiefjustice,” “WhenItookthebenchin2000, my dadswore meinand thenIwas intheirstateatthetime. to serve Hannahs were thetwoyoungestjudges inbyhisfather.was sworn The Hannah was39yearsoldwhenhe Arkansas Supreme Court.JudgeCraig in aschiefjusticeonthe Hannah swore hisfather and in2005,JudgeCraig own vacatedposition, swore hissoninto until2000.He served Searcy, Ark.,where he to theCircuit Courtin when hewasfirstelected ChiefJustice Hannah was 33yearsoldin1978 other judgesdothings.” interesting toseehow and share ideas.Itis from alloverthecountry you gettotalkjudges National JudicialCollege, on relevant topics.AtThe good waytostaycurrent Supreme Court.“Itisa elected totheArkansas in 2000afterhewas father’s placeonthebench Hannah, whotookhis expressed JudgeCraig “Judicialeducation is extremely important,” Jurisdiction. flagship course,General by attendingtheNJC’s their judicialcareers Ark., bothjump-started Court, 17thJudicialCircuit, Searcy, his son,JudgeCraigHannah,Circuit of theArkansasSupreme Court,and careers. ChiefJusticeJimHannah, F near anddeartotheirjudicial Judicial Collegeholdsaplace or onefamily, TheNational Justice: It’sinTheirBlood NJC BoostsJudicialCareersforFamilyofJudges “Ihad alwaysplannedto bea ing toJudgeCraig Hannah. judges didhaveaninfluence, accord- role modelsandgrowing uparound their children, havingtheirfathersas the legalorjudicialprofession onto Chief JusticeHannahneverforced While theelderJudgeVillines and as withhisson-in-lawandgrandson. judge inJefferson City, Mo.,aswell Villines, Jr., anadministrativelaw on withhisownson,JudgeJoe but leftajudiciallegacytobecarried lines passedawayintheearly1990s, three asagroup facilitator. JudgeVil- in attended sixNJCcourses,serving in 1967withGeneralJurisdiction.He Ark., alsoattendedtheNJC,starting Judicial DistrictCourt,Harrison, father-in-law, JudgeJoeVillines, 14th Ironically, ChiefJusticeHannah’s asagrouptwice serving facilitator. taken atotalof12coursesattheNJC, course. ChiefJusticeHannah,62,has information.” helpful.Istilluse the “It wasvery NJC’s GeneralJurisdiction course. awholelot,”added “Ilearned Judge CraigHannahofthe just beenatremendous experience.” there. Attending coursesthere has We encourageallofourjudgestogo lems. TheNJCisagreat institution. other onhowtohandletheseprob- Hannah. “We alotfrom learned each the nation,”expressed ChiefJustice were shared byotherjudgesacross lenges Iencountered onthebench attending theNJCwaschal- I thought,well,mywholefamilyis day, Idecideditjustwasn’t forme. get acceptedtomedicalschool.One degree inzoologyandwaswaitingto taking thebench.“Ihadgottena who practicedlawfor12yearsbefore doctor,” saidJudgeCraigHannah, “OnethingIfoundoutfrom

taking thebench. priorto as acityattorney tice, asaprosecutor and inprivateprac- attorney who workedasan Chief JusticeHannah, their communities,said and upholdingjusticein onthebench in serving gain more confidence elder JudgeVillines to the Hannahsand cial Collegeenabled Attendingcourses at TheNationalJudi- Chief JusticeHannah. his passing,recalled cial knowledgebefore derful resource ofjudi- Villines wasalsoawon- often. TheelderJudge knowledge andadvice men tapeachotherfor his decision.Thethree had somebearingon and uncleasjudges his father, grandfather JudgeCraig Hannah saidhaving a try.” Maybe Ishouldgivethat in thelegalprofession. NJC

Consider the NJC as a Part of Your Year-End Giving 11

s a non-profit organization, The National Judicial Your contribution will have the same impact. College relies heavily on the support of our friends Contributions enable judges to gain the knowledge that Aand alumni to enhance and add to our course is vital to their duties on the bench, which in turn, will offerings and programs. As the end of the ensure a successful justice system that year approaches, please consider directing upholds freedom and justice. your contributions to support the impor- Take advantage of There are a number of ways you can tant work of The National Judicial College. contribute to the NJC, and this year, Con- Your support will go a long way. Gifts IRA tax savings. gress has added another avenue by chang- provide scholarships for the NJC’s attend- ing the Individual Retirement Account ees who would otherwise not be able to (IRA) law to allow individuals age 70 and attend, support curriculum enrichment, and allow for new a half and older to donate their required IRA distributions course offerings. directly to the NJC without paying taxes. In addition, Justice Cameron Batjer (retired, Nevada Supreme donors can make a contribution online by visiting Court) is one example of a donor who made a difference www.judges.org/donate/now or simply send a check in the by providing a scholarship to a judge so that he could reply envelope located in the center of this magazine. attend a course at the NJC. Justice Batjer said, “I felt very good about providing funding for a scholarship that pro- For more information on giving to the NJC contact vided an administrative law judge with the opportunity Development Director Gretchen Alt at (800) 25-JUDGE or to attend the Judicial Writing course this summer. He let [email protected]. For more information on IRA tax savings, me know that the course was very valuable to him and contact your tax advisor. Thank you for your support. allowed him to gain skills that he will use to enhance his position on the bench.” 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C 12 -ARYLANDS ฀ ฀฀ By Judyth Pendell, Senior Fellow AEI-Brookings Joint Center for Regulatory Studies

f asked to name the country’s cen- Iters of technology, many people would think immediately of Sili- con Valley and Route 128 in Boston. input from the Maryland business and One motivating force behind Lots of other places might get men- legal communities, review the experi- the creation of the new program tioned before the state of Maryland. ence of other business courts, and was a concern that Maryland courts Yet, Maryland has one of the largest prepare a report to the governor, lieu- were perceived as “anti-business.” concentrations of bioscience and tenant governor, and the leadership of Although the establishment of such a aerospace companies in the country. the legislature and the judiciary. court was not expected to be the sole It has the highest percentage of work- The task force conducted hearings factor in the selection of Maryland as ers in technology jobs in the nation, and solicited broad input. Thought a place to do business, it was believed and it is the recipient of substantial was given to conducting a study of that its existence would weigh in research and development funding pending cases that might qualify for favor of Maryland being viewed by from the NIH. This has implications inclusion in the program, but fund- business and technology companies for the courts and the types of com- ing was not available, so the task as a “preferred place to do business.” plex business cases that are certain force relied on the experience of its The business community’s to result. The Maryland legislature members and the input of interested enthusiasm for the technology court and judiciary have recognized this parties. Following considerable delib- concept was strong and unambigu- and have responded by creating the eration the task force unanimously ous. The business people who nation’s first Business and Technology recommended the creation of a new testified before the task force were Case Management Program, which statewide business and technology clear in their expectations: decisions began operation in 2002. case management program.1 The would be timelier and more predict- The process began in 2000 Court of Appeals, the highest court in able, and the written opinions would when a bill was introduced into the o l l e g e Maryland, implemented the recom- provide useful guidance to business c Maryland legislature that would mendation by Rule. decision-makers. have created Business and Technol- ogy Divisions in each circuit court in Maryland. Differing views on the bill resulted in a compromise, and an u d i c i a l amended bill was passed creating a j task force to study the “feasibility of establishing a specialized court func- tion within Maryland’s circuit courts to adjudicate business and technology disputes.” The blue ribbon task force a t i o n a l included judges, legislators, members n of the state bar, academics, and busi-

h e ness people. It was directed to solicit t The task force also saw Mary- initiated one of the earliest e-filing • Specialized training and education land’s existing and successful dif- pilot projects in Maryland. Several for those judges with experience in ferentiated case management system circuit courts in Maryland have business and technology issues, as (DCM) as a foundation upon which expanded their technological profi- well as the application of specialized 13 the new program could be built. The ciencies since that time. case management techniques and report recommended an expedited The task force studied and was technology for the handling of the track for the new program, where encouraged by the experience other cases. consent of the parties would be states have had with specialized • Greater efficiency resulting from the required; minimal discovery would procedures. At that time, Delaware, specialized training and education be completed and a trial date Illinois, Massachusetts, Wisconsin, of judges, clerks, and staff, as well as scheduled within 90 days of the Nevada, New Jersey, New York, North the application of the most modern defendant’s filing of an answer. The Carolina, Pennsylvania, and Virginia technology to the filing and process- remaining cases would be on a stan- had operating business courts or ing of cases. dard track, where discovery would be tracks. Although research by the task completed and a trial date set within force revealed that these courts • More timely, rational, legally cor- nine months of the defendant’s initially encountered concerns rect, and perhaps most importantly, response. regarding the need for specialized predictable rulings from judges who The new program was to benefit procedures, the concerns were seen are better trained and educated in the further from the fact that the courts as unfounded once the procedures relevant subject matter, and comfort- in Maryland were, for the most part, were in operation. able in handling the cases. fully automated. The task force envi- The types of cases the task • A higher rate of settlement of busi- sioned a system where the law firms force believed should be referred to ness and technology cases because and the courts would use e-filing to the Business and Technology Case of the increased correctness and exchange documents electronically. It Management Program are likely to be predictability of an identifiable group seemed only natural that a program appropriate candidates for Alternative of judges whose competence is certi- dedicated to resolving technology Dispute Resolution. In many cases fied by the requisite degree of judicial disputes would also be a “user” of the the parties have associations they education and training and whose best that technology has to offer. wish to have continue as positive and written opinions are circulated on the In its more integrated form, constructive working relationships. Internet and other available media. e-filing allows law firms to submit As the report notes, “Efforts are made • Greater efficiencies in the disposi- documents, view document entries, to build on these relationships, rather tion of other types of cases within and submit filing fees directly to the than dissolving them as so often the jurisdiction of the circuit courts court. In turn, the court can conduct happens in the adversarial nature of because of the increased time avail- internal business with electronic litigation.” As a result, ADR, includ- able for them as a result of the routing of documents and activities. ing mediation, non-binding arbitra- removal of time consuming business Courts can also submit electronic tion, and neutral case evaluation, is and technology cases from the general orders, opinions, and administrative considered for every case. court docket. messages and actions to law firms The task force report cites sev- in electronic formats. In 1995, the eral expected benefits from special National Center for State Courts procedures for handling substantive The quality of the training of business and technology disputes: the judges who will implement this program is critical to its ability to achieve these benefits. An extensive training program for business and 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C technology judges was created by the Judicial Institute of Maryland, with training in law, economics, and case and docket management skills, as well as the use of technology in the management of both cases and dockets presenting complex business and technology issues. All judges assigned to the Business and Technol- ogy Case Management Program have completed this program. Maryland will also be looking to The National Judicial College and will be providing the opportunity and incentives for judges to attend the NJC, along with other nationally recognized training programs for judges. Former NJC Board Chair

14 Michael Pope to

As Judge Steven I. Platt, the vice- Help Honor chair of the legislatively created task force and the chair of the designated Judges as Business and Technology Case Management Program judges, who ACTL Award has management responsibility for the program said: Committee “The establishment of the Maryland Business and Technology Chair Case Management Program meets the needs of the courts’ stakeholders without doing violence to judicial ormer National Judicial College board chair, Michael A. Pope, a partner in independence. It provides for a more FMcDermott Will & Emery’s Chicago Trial Department, has been appointed rigorously trained judiciary and the inaugural chair of the Sandra Day O’Connor Jurist Award Committee of the begins the necessary evolution American College of Trial Lawyers (ACTL). The mission of the eight-member of a voluntarily specialized judiciary committee is to honor judges throughout the country who have performed their that can still perform general duties under very difficult or dangerous circumstances. The committee is jurisdiction duties when needed. composed of experienced trial lawyers from across the nation. Even more significantly, it enables “I am pleased to be part of the selection process in which we will honor the judiciary to pilot its vision for the a respected jurist who has risen above contentious litigation, adverse publicity or use of technology in the operation other judicial stress to deliver justice at great cost to the judge, both inside and of the courts. It allows the judicial outside of the courtroom,” expressed Pope. “Being a judge is much more than branch of government to begin the overseeing trials. Today’s judges virtually put their lives on the line to make just process of recognizing the world decisions.” of rapid change brought on by the Pope is a fellow of the ACTL which is composed of the best of the trial Internet, bioscience, aerospace, and bar from the United States and Canada. Fellowship in the ACTL is extended by the information technology industry. invitation only and only to those experienced trial lawyers who have mastered Successfully operating a business in the art of advocacy and whose professional careers have been marked by the that world requires the flexibility and highest standards of ethical conduct, professionalism, civility and collegiality. the creativity to rapidly react and For more information, please visit www.actl.com. plan in a volatile world. That, in turn, The new ACTL award was named after Justice Sandra Day O’Connor, requires that entrepreneurs, as well the first female jurist to serve on the nation’s Supreme Court. “Justice O’Connor as established businesses, be able to retired this year and this is a way to honor her dedication, commitment and identify and, as much as possible, the sacrifice she made in order to uphold justice,” explained Pope. “Not only quantify risk quickly. These people was she the first female Supreme Court justice, but she served for many years need a court system whose case as the swing vote and was a tireless advocate for judicial independence, which management program understands took courage and fortitude. We are looking for someone with these attributes to o l l e g e and accommodates their needs. c honor with this national award.” Maryland’s Business and Technology As head of McDermott’s product liability practice, Pope has a national Case Management Program does just practice in product liability matters and business litigation, including the NJC that.” defense of class action lawsuits. He also has extensive experience in handling reinsurance disputes, the interpretation of excess and umbrella liability 1MARYLAND BUSINESS AND u d i c i a l insurance policies, and in professional liability and alternative dispute j TECHNOLOGY COURT TASK FORCE resolution. He was the first chairman of the Illinois Equal Justice Foundation, REPORT can be found at www.courts. and is a past president of Lawyers for Civil Justice, a national coalition of state.md.us/finalb&treport.pdf. corporations and trial lawyers interested in improving the civil justice system.

Nominations for the Sandra Day O’Connor Jurist Award are currently being a t i o n a l

n accepted. For more information about nominating a courageous judge, please contact Michael Pope at [email protected] or (312) 984-7780. h e t What can help you increase court efficiency while ensuring accuracy in briefs /as well as judicial opinions? Shepard’s ® Brief Suite™

Check document accuracy more efficiently than ever before with the convenient tools in Shepard’s Brief Suite: • Verify citations and quotations in one step—be confident that citations are right and quoted case law conforms to the language of the opinion with the Shepard’s® CheckCite® feature, available to the courts at no additional charge* • Insert Shepard’s links and uncover possible trouble spots in your documents with the Shepard’s Link™ feature • Build a Table of Authorities automatically and customize it with the Shepard’s® FullAuthority® feature • Match your opinions to Bluebook standards in seconds with the Shepard’s® StyleCheck™ feature

The Shepard’s Brief Suite toolbox is a part of LexisNexis® Total Practice Solutions, helping you accomplish more and gain new levels of judicial excellence.

*LexisNexis® users incur no additional charge when using CheckCite, except for the usual Shepard’s or Get a Document fees per LexisNexis subscription terms.

LexisNexis, the Knowledge Burst logo, Shepard’s, FullAuthority and CheckCite are registered trademarks and Shepard’s Link is a trademark of Reed Elsevier Properties Inc., used under license. StyleCheck and Brief Suite are trademarks of LexisNexis, a division of Reed Elsevier Inc. © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. The Complex Litigation 16 PUZZLE

By William J. Brunson, Director of Special Projects, The National Judicial College

“My initial reaction to getting a complex case, who spent much of his judicial career handling asbestos as a full-time civil judge, was very practical. What am I litigation. He also served as a core faculty member for the going to do if I’m in one trial for anywhere from one to NJC’s Managing Complex Litigation program. “Judges three months? How is this going to affect my calendar are under a lot of pressure to handle these cases without because I inherited a huge individual calendar?” Many making any procedural errors. This can mean the trial judges, such as District Judge Alan Earl of Las Vegas, difference between litigants receiving compensation for Nevada, who are facing complex civil cases, have similar their injuries during their lifetimes or delaying the remedy reactions. It is a stressful, sometimes scary prospect to real- until after their deaths. That is a lot of pressure. Along ize that your professional life could easily be consumed by with the potential human impact, no judge wants to retry a a crush of cases. Some judges, such as Judge Earl, handle three-month trial because of a procedural error.” complex cases on a regular basis. Other judges may face How do you go about educating judges about han- a complex civil case like an dling complex civil litigation? industrial disaster only once That was the challenge faced in their careers. by The National Judicial Col- These variable experi- lege and the National Center ences can make putting for State Courts as they together a curriculum on applied for, and received a managing complex civil cases grant from the Pound Civil extremely difficult. Many trial Justice Institute and the Civil court judges are charged with Justice Reform Group. What an obligation to rule on new does it take to qualify a judge and difficult questions of law to handle these cases? and to manage increasingly The National Judicial o l l e g e complex cases without educa- College, the National Center c tion or training on the best for State Courts and the ways to handle that pressure. National Association of State Sometimes they feel unpre- Judicial Educators addressed pared for the assignment these needs by embarking on a research and curriculum

u d i c i a l because they had a criminal j assignment prior to being design effort. The National transferred to civil. In some jurisdictions, new judges are Center conducted a study that assigned these complex cases because the more experi- found lawyers and judges identified the following areas of enced judges are not willing to take them on. knowledge to be the most important in ensuring a judge “Because of the complexity of these cases, they are has the appropriate skills to handle complex civil cases: a t i o n a l subject to greater scrutiny by the press, the appellate (1) substantive law; (2) business organization; (3) scientific n courts, the legal community, and the bench,” reports Judge method/economics/information and data management Ken Kawaichi, a retired California superior court judge, (tied for third); (4) where to find model orders; h e t (5) business accounting; (6) statistics; (7) corporate they must manage the juries, the parties, the counsel, and financing; (8) epidemiology; and (9) business valuation. sometimes the media as well. The discovery process for The survey found that judges believe the following skills these cases can be overwhelming because the materials are the most important: (1) pretrial management/written sought can include millions of pages, some of which have communication (tied for first); (2) identification of com- been created and stored in electronic and/or digital form raising issues of first impression regarding the scope, form, plex cases; (3) discovery management; (4) listening; 17 (5) leadership; (6) oral communication; (7) trial manage- and cost of discovery, production, and review. In at least ment; (8) time management; (9) case settlement; (10) some instances, it is necessary for state judges to coordinate techniques for gaining an understanding of technical/ their cases with cases pending in federal district and scientific information; and (11) media management. bankruptcy courts. In response, the NJC offered The pressure to handle the a faculty development workshop cases correctly the first time and developed a three-hour The pressure to handle the cases is tremendous because of the curriculum to assist judges in all tremendous court resources that states with these important cases. correctly the first time out is these cases consume. No one While no one believes that a wants to retry a case that can last three-hour curriculum is enough, tremendous because of the three months and longer. “The in and of itself, to educate judges, best appellate lawyers in the state it’s a start. A shorter curriculum is tremendous court resources were taking notes on everything more likely to be integrated into I said. It put me on edge in both state judicial education programs. that these cases consume. a good and a bad way. The good “The curriculum is designed to part was that it kept me focused give judges a method for analyz- during a very long trial. The bad ing whether the cases before them part was that it was a physi- should be considered complex, therefore, requiring special cal and mental endurance test.” Judge Earl’s experience management,” said Professor Michael Green of Wake is common among judges who are trying cases that often Forest University School of Law, a core faculty member in involve novel legal issues that have not been decided in any the NJC’s program on managing complex civil cases and other jurisdiction. Judge Earl stated, “I always felt that these an expert on class actions. were test cases. And, I had to make up the law as I went Complex civil cases often present problems because along. Fortunately, my supreme court was supportive of the of scarce resources. Some mass actions, such as airplane decisions that I was making.” crashes, may involve 250 separate cases against an airline; In his experience, Judge Kawaichi has found that others may involve multiple defendants as well as a host “these cases often involve complicated new interdisciplinary of plaintiffs (e.g., mass tort litigation such as asbestos, issues, whether economic, technological, or scientific. He DES, the Dalkon Shield, Ureaformaldehyde, Bendectin, cautioned, however, that a “judge cannot underestimate the Fen-Phen, and Baycol cases). Courts often do not have human factor involved in managing complex civil cases. the physical resources they need (e.g., courtrooms large I think that there is a presumption that technology can enough to accommodate the attorneys or the parties, elec- solve all of the problems in a complex case. While those tronic management tools, computer infrastructure, etc.), technological developments can help, it still boils down to so judges must be creative. In Las Vegas, Judge Earl now managing the people as well as the vast amount of has the benefit of a renovated space to manage complex discovery, parties, lawyers and documents.” NJC litigation, primarily construction defect cases. To be effective, judges must develop an organizational For more information about the three-hour curriculum or structure to handle the cases, and a judge-attorney team The National Judicial College’s Managing Complex Litigation approach to resolving the cases. If a trial is scheduled, program, please contact Director of Special Projects William

Brunson at [email protected] or at (800) 255-8343. 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C DONATE YOUR UNEXPENDED CAMPAIGN FUNDS TO THE NJC

Do you have funds left over from your recent campaign? If so, consider making a donation to The National Judicial College to help judges attend courses and programs offered by the NJC. Donations may be designated toward scholarships, the support of operations, program sponsorship or an NJC endowment. Campaign organizations have recognized that donating unused funds to educational institu- tions such as the NJC is a powerful way to show support of judicial education. For more information or to donate, please contact Development Director Gretchen Alt at (800) 25-JUDGE or [email protected].

he National Tribal Judicial Center (NTJC) at The National Judicial College (NJC) welcomed Ta new tribal program attorney in August of 2006. Christine Folsom- Smith, Esq., comes to the College 19 with a wealth of experience as well as plenty of energy and enthusiasm. “I think the NTJC is fantastic,” she expressed. “The NTJC and NJC have a superb reputation and are well respected nationwide. I see this job as a great opportunity to use my education to serve native tribes.” A citizen of the Choctaw Nation, and a descendant of the Chickasaw and Rosebud Sioux tribes, Folsom- Smith takes pride in her American Indian heritage. After accepting the position at the College in August, she moved to Reno from Coweta, Okla., with her husband, John, and two children – her daughter, Sydney, 10, and her son, Folsom, 7. She lived in A Fresh Coweta for 12 years and worked in private practice. She also served as legal counsel for the Cherokee Nation Election Commission, as a partner in Legal Advocates for Indian Country, L.L.P., and as a research analyst for Perspective Oden Insurance Services. and vice president of Indian Univer- expressed. “I could not do this “This position has been sity Scholars. without her. She really helps things interesting and challenging so far,” “Tribal courts are not the same as run smoothly.” said Folsom-Smith. “It is satisfying Western courts,” explained Folsom- Williams said she is equally glad to use my legal education to design Smith. “Often, the point of reference to be working with Folsom-Smith. courses for tribal judges. It is an is different and the process used isn’t “It has been a pleasure working with interesting spin on what you can do simply focused on retribution and Christine for the short period of time with a law degree.” punishment. These are forums where she has been here,” said Williams. “She She has big plans for the NJC’s the aim is to bring the whole commu- brings a fresh perspective to the tribal tribal program, which has evolved nity back into balance and harmony program at the NJC and displays a greatly since its inception in June of using tribal customs and traditions.” genuine interest in judicial education 2002. “One of my goals is to expand The NTJC was formed at the for all aspects of tribal courts.” the program,” said Folsom-Smith. “I College to provide tribal judges with Folsom-Smith and Williams said would like to see tribal judges come the unique skills and knowledge they they are thrilled to be developing here who haven’t been here before. I need to enhance their tribes’ strengths several new tribal courses including 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C am hoping some of the courses will as well as tribal sovereignty. The Competence, Confidence and become more focused and special- NTJC is among the first institutions to Control: Enhancing Public Trust in ized, and I’d also like to create more address the needs of American Indian Tribal Courts, which will debut in advanced courses for tribal judges.” and Alaska Native tribal law judicia- Reno on March 26-29, 2007. Folsom-Smith earned her ries. Its main objective is to improve “I couldn’t be happier to be part of bachelor’s degree cum laude in English justice through national programs the NTJC,” said Folsom-Smith. “It is a from Northeastern State University of education and training directed wonderful program that has evolved to and her Juris Doctor degree from the toward judicial proficiency, compe- meet the unique needs of tribal court University of Tulsa College of Law, tency and understanding. The Center judges. It gives tribal judges the tools where she is currently an LL.M. can- is funded through a grant from the to tackle day to day problems in their didate. She served as president and Bureau of Justice Assistance. courtrooms.” NJC treasurer of the Native American Law A major asset to the tribal pro- Students Association and participated gram, said Folsom-Smith, is Course For more information on the National in the 1996 National Indian Law Administrator Dianne Williams, who Tribal Judicial Center, contact Christine Moot Court Competition. She was began working with the NTJC in Folsom-Smith at (800) 25-JUDGE or president of Sigma Tau Delta English January of 2006. “Dianne has been [email protected] Honor Society as well as president the biggest help,” Folsom-Smith NAALJNAALJ 20062006 20 CONFERENCECONFERENCE WRAP-UPWRAP-UP Seattle Villains Campaign Captures the 2006 Spotlight he National Judicial College’s 2006 T Villains of the Courtroom cam- he National Judicial College NJC’s sessions were limited to 30 paign received attention from judges (NJC) sponsored and partici- persons per session and the rooms coast to coast who said they appreci- T pated in the National Associa- were often filled to capacity. ated the NJC’s light-hearted approach tion of Administrative Law Judges For these sessions, the NJC to serious issues. (NAALJ) conference held in Seattle, brought together a distinguished “We were pleased with the great Wash., Sept. 6-8, 2006. The confer- national faculty as well as local response,” said Trace Robbers, NJC’s ence was well attended with admin- experts. Presenting for the NJC were director of communications. “We istrative law judges, attorneys, and the Honorable G. Michael Witte, the received emails and phone calls from government officials from the United Honorable Earl Penrod, Ann Marie judges who loved the creativity.” States and Canada. NAALJ is the Gordon, and Trooper Ken Denton. The campaign helped spread nation’s largest professional organiza- Judge Witte was a Judicial Fellow for awareness of the NJC’s important tion devoted exclusively to educating NHTSA and chaired the ABA Confer- mission of providing leadership in and improving administrative adju- ence of Specialized Court Judges. He achieving justice through quality judi- dication. Its membership includes has taught for the NJC since 1994. cial education and collegial dialogue. judges and staff from all levels of Judge Penrod, MJS, is chair of the The integrated marketing strategy government - federal, state and local, Indiana Judicial Education Commit- used in the campaign centered on a both national and international. tee and the author of several relevant “villains” theme and was designed At the conference, the NJC, legal publications. He has taught and written to evoke a sense of under a National Highway Traf- for the NJC since 2003. Gordon is urgency. The campaign played off a fic Safety Administration (NHTSA) an internationally trained forensic sense of nostalgia with a comic book grant, presented eight separate educa- toxicologist, who currently heads feel while at the same time promoting tion sessions focusing on the topic the Washington State Toxicology a “line of defense” against the villains of DUI for Judges: Impaired Driv- Lab. Trooper Denton instructs other through NJC courses and programs. ing Case Fundamentals. The eight Washington state troopers in sobriety The villains of course, are meta- sessions, each lasting 50 minutes, field tests. Melody Luetkehans, an phors for those activities that have a covered such topics as pharmacology NJC program attorney, and Distance real bearing on day-to-day judicial and sobriety testing; the stop, search Learning and Technology Manager activities such as time management and seizure law; the admissibility of Joseph Sawyer facilitated the sessions. and work overload. To learn more relevant evidence; a law enforcement about NJC courses and programs, demonstration; and current defense visit our website at www.judges.org. challenges to field sobriety tests. The o l l e g e c Have you considered making your gift in installments? With our Automatic Monthly Deduction Program you can make u d i c i a l

j that annual gift to the NJC more affordable and convenient.

To enroll, choose the amount of your yearly contribution and divide by the number of months (quarterly and annual drafts YOUR GIFT are also available). The NJC can charge your credit card or automatically withdraw that amount from your checking account. a t i o n a l n Simply complete the envelope found in the centerfold of this magazine or contact

h e Development Director Gretchen Alt at (800) 25-JUDGE or [email protected]. t KNOWLEDGE & EXPERIENCE 21

UNR’s University Inn Closing on Jan. 1, 2007 he University of Nevada, Reno’s, University Inn will be Tclosing on Jan. 1, 2007, to be transformed into much- The NJC’s Certificate Program and needed dorm space. The Inn has been a popular place to stay for judges taking courses at The National Judicial Tribal Courses Help Judge Deliver Justice College (NJC). Special rates for the NJC’s participants will still be available at area hotels. For more information on ribal Judge Carl Pepion, of Browning, Mont., has the University Inn’s closure, please contact the NJC’s Travel taken many legal and judicial courses presented by Coordinator Charity Clarke at (800) 25-JUDGE or Tvarious state organizations, but it wasn’t until he [email protected]. For special rates, please contact the attended The National Judicial College’s National Confer- hotels directly and mention the discount codes noted ence for Tribal Court Grantees in 2003 that he learned the below. For a complete listing of Reno-area hotels please benefits of a superior training program. visit the Reno/Sparks/Lake Tahoe Convention and Visitors “The requirements The National Judicial College has in Bureau website at www.visitrenotahoe.com. its training and the knowledge the instructors have, set it apart from other training I have attended,” expressed Judge Eldorado Hotel & Casino (complimentary airport shuttle) Pepion, a graduate of the Professional Certificate in Judicial Fourth and Virginia Streets Development, Court Management program. “I have close Reno, NV 89501 to 2,000 training hours in various programs and I have had Discount Code: Execuline Account #27397 good and bad instructors. I have found the instructors at Reservations: (888) 889-9338 or (775) 348-9294 the NJC to be by far the most knowledgeable.” Fax: (775) 785-9042 Judge Pepion took the bench on the Blackfeet Tribal Contact: Kelly Hedges, Execuline Manager Court in 2002 after serving for 22 years as a police officer, www.eldoradoreno.com/hotel/ police chief, prosecutor and public defender. He has taken six courses at the NJC’s National Tribal Judicial Center Harrah’s Reno (complimentary airport shuttle) (NTJC), serving twice as a discussion leader. The National 219 N. Center Street Tribal Judicial Center at The National Judicial College is Reno, NV 89501 among the first institutions to address the needs of Native Discount Code: Corp07 American and Alaska Native tribal law judiciaries through Reservations: (800) 423-1121 ext. 3043 innovative curricula, specially designed to enhance the Contact: Jo Ann Chadwick, Sales Manager professional skills of tribal judges. Fax: (775) 788-3703 “At the NJC and NTJC, you get to meet judges from 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C www.harrahs.com/our_casinos/ren/index.html all over and exchange views with them,” explained Judge Pepion. “There is nowhere else you can do that. The NJC Siena Hotel Spa Casino offers the best programs I have been to. If I am going to One South Lake Street spend money on a judicial training program, it is going to Reno, NV 89501 be so I can come here.” Discount Code: NJC Judge Pepion entered the certificate program in Reservations: (877) 743-6233 or (775) 321-5877 November of 2005 and graduated in July of 2006. The Contact: Jim Gerhard, Director of Sales NJC’s Professional Certificate in Judicial Development Fax: (775) 321-5870 program is designed for judges who want to concentrate www.sienareno.com their studies in a focused academic area. The certification is a hallmark of study that complements existing degrees. Silver Legacy (complimentary airport shuttle) “Every time I come here, I learn something new,” said 407 N. Virginia Street Judge Pepion. NJC Reno, NV 89501 Discount Code: Sterling Class NJC01 See page 31 for complete list of Professional Certificate in Reservations: (800) 687-8733 or (775) 329-4777 Judicial Development graduates. Fax: (775) 325-7077 www.silverlegacy.com t h e n a t i o n a l j u d i c i a l c o l l e g e 22 PilotedatColoradoStateUniver- sity since2002,preliminary datahas and campus/communitycivility. that promotes studentdevelopment laborative systems-basedintervention (2) Developingacoordinated andcol- campus andcommunitylife. impacts ofsubstanceabuseon (1) Addressing theoverlapping judicial systemtolinkhandsin: TheBackon TRACmodelsets the stageforhighereducationand and compliancemonitoring. providing individualizedtreatment a highlevelofaccountabilitywhile holds substanceabusingstudentsto national initiative.BackonTRAC the kick-off ofthis formally marked summer of2006 lege campus.The model tothecol- the drugcourt tive thatadapts justice” initia- unique “clinical wide program, a Campus nation- Accountability on Responsibility & TRAC: Treatment, duced theBackon T Point of he lastissue Treatment, &Accountability Responsibility onCampus Case In Back on TRAC intro- Sign upfor theJudicial Edge,amonthlye-mailfrom theNJCwith GET THE EDGE THE GET

Sign upathttp://judicialedge.judges.org/form-optIn.php. information oncourses, workshops,scholarshipsandevents.

50$!4% of Utahforthearduous taskofchoos- committee convenedattheUniversity tember, theBackonTRACnational stage applicationprocess. InlateSep- universities thatcompletedthetwo- from prominent midandlarge-sized program received alarge response on TRACdemonstrationsites.The Inmid-June, universitiesnation- wide were solicitedasnationalBack lective professional enthusiasm. (3) Itsimpactontherebirth ofacol- (2) Itscosteffectiveness. bled students. (1) Itspositiveeffect ononce-trou- whelming successin: shown themodeltobeanover- By RandyMonchick,Ph.D.,J.D. [email protected]. Monchick, Ph.D.,J.D.,at information, pleasecontactRandy State University. Foradditional Court Professionals andColorado National AssociationofDrug a partnershipbetweentheNJC, Headquartered atTheNational Judicial College,BackonTRACis tion duringthe2007fallsemester. pilot program atitsrespective institu- expected toformallyimplementa Feb. 1-4,2007.Eachteamwillbe ing eventatColoradoStateUniversity attend aspecialBackonTRACtrain- selected universitieswillsubsequently planningteamsfromdisciplinary the to theselecteduniversities.Multi- cal assistanceandassignhomework initial onsitetechni- to provide some during thelatefall visit eachcampus assistance teamwill TRAC technical ABackon University. Oklahoma State University and North DakotaState University,western Lowell, North- of Massachusetts gia, theUniversity University ofGeor- Selected were the ing thefiveschools. NJC 23

By William J. Brunson NJC Special Projects Manager

udging in a small island country brings American Samoa is an unincorporated territory of the many challenges. Not only do you have to United States located in the South Pacific Ocean southeast rule on important cases, but you have to of the sovereign state of Samoa according to Wikipedia. respect the culture of the environment that Infoplease reports that it consists of five volcanic islands Pacificyou’re in. Judge Mamea Sala is anIslands associate and two coral atolls 2,600 Programmiles south of Hawaii in the justice on the island of American Samoa. In that capacity, South Pacific. It has been a territory of the United States he rules on cases involving rapes, murders and large per- since April 17, 1900. sonal injury cases, all without the benefit of a law degree. The Federated States of Micronesia (FSM) consists He enrolled in the NJC’s Pacific Islands Legal Institute of the island states of Chuuk, Pohnpei, Kosrae and Yap. program to give him an increased understanding of legal According to Daniel Ryan’s Essential Principles of Contract issues. and Sales Law in the Northern Pacific, the United States “The program is provides economic assis- designed to give the students tance and defense of the an opportunity to learn islands, which are under a to think like lawyers in a Compact of Free Association curriculum much like you with the United States. The would find in a traditional contract was agreed upon law school,” stated Judge in November of 1986 and Daniel Patrick Ryan, who was renewed in December of serves as one of the faculty 2003. members. “The difference The Republic of the Mar- is that the students must shall Islands (RMI) consists be much more disciplined of two archipelagic island because they have to do chains of 29 atolls and 1,225 their reading assignments islands according to Judge and case briefings on their Ryan’s treatise. The Marshall own in a distance educa- Islands officially became an tion-type format. Each year, independent nation in Octo- the students tackle two of William Brunson, NJC special projects manager, ber of 1986; nevertheless, the subjects in a week-long, with members of the Pacific Islands International Program. RMI entered into a Compact intensive, in-person program.” of Free Association with the This past August, eight students attended the Pacific United States on October 21, 1986, which was extended for Legal Institute, Part II, and studied torts and contracts. an additional 20 years in January of 2004. “I was extremely impressed with the level of knowledge The Republic of Palau is a group of islands in the 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C of the students,” reported Judge Adam Fisher, a South Northern Pacific Ocean, located southeast of the Philip- Carolina judge, who serves as faculty in the program. “It’s pines, according to Judge Ryan’s treatise. The Republic not very often that a student can score a 100 percent on a adopted its constitution in 1979, and became the Repub- multi-state bar exam-like test as one of these students did,” lic of Palau on January 1, 1981. Palau also entered into Judge Ryan added. “I’ve educated law school students for a Compact of Free Association with the United States in years, and these judges are easily as gifted as those students.” October of 1994, which is due to expire in 2009. According The education is funded by the Department of Interior to its official website, like the U.S., Palau has three branches and is organized through the Pacific Judicial Conference of government. Interestingly, the executive branch has a E and the Ninth Circuit Court of Appeals. The Pacific Islands Council of Chiefs, comprised of the highest traditional Legal Institute is designed to address the needs of judges chiefs from each state, which acts in an advisory capacity from American Samoa, the Federated States of Microne- to the president on traditional laws and customs. Each of sia, Guam, the Republic of the Marshall Islands, and the Palau’s 16 states elects its own governor and legislature. NJC Republic of Palau. t h e n a t i o n a l j u d i c i a l c o l l e g e 24 its monthly sented tothedepartmentfor its 2006 Nevada Chapter. Three SilverSpikeAwards ofExcellencewere pre- with three awards from thePublic RelationsSocietyofAmerica,Sierra The NationalJudicialCollege’s Communications Officestaff washonored at adinner Nov. 16,2006,at the ResortatRedhawk inReno. Director ofCommunications Trace Robbers.The awards were presented tions Specialist HeatherSinger, GraphicDesigner ChristinaNellemanand article. support. would to like program you 3. 2. 1. As easyas1, 2, 3… org/donate/now. atwww.judges. information. VeriSign® to secure your givingsite uses Our to protecting your privacy. The NJCiscommitted donation information. DONATE ONLINE! Enter your ourwebsiteVisit Choose the your credit card. Communications Staff wins Give to theNJC securely using From left three Silver Spike Awards safely and Judicial Edge , are Scholarship OfficerNancyCopfer, Communica- emailmarketinganda Villains oftheCourtroom to theNevadaSupreme Courtin1983. the NevadaQualificationsCommissionasoneofthree personsforappointment of theJudiciary?” “What istheFuture Officer PhyllisWhittiker. Jackson Lecture award byChiefAcademic Felix F. Stumpfispresented withthe Powers oftheCourt Continuing LegalEducation.HeistheauthorofNJC’s publications articles, aswellco-authored anAmericanLawInstituteModelPlanfor Hehasauthored DistrictofCalifornia. States DistrictCourtfortheNorthern held until1970.From 1971to1973,Stumpfwasastaff fortheUnited attorney ContinuingEducationoftheBar,administrator oftheCalifornia apositionhe private practicefrom 1946to1953inSanFrancisco,Calif.,before becoming academic liaisonofficerfrom Novemberof1990toOctober1991.Hewasin Judicial College’s AcademicDepartmentfrom 1973to1984,andthenasan asdirectorand federalcourts.Priortothatposition,heserved ofTheNational asdeanoftheNevadaSchoolLawin Renofrom Stumpfserved February of 1985toAugust1988,where hetaughtconflictoflaws,civilprocedure, the changessmoothlyandconstructively.” changes willbeforthebettermentofoursocietyandwhetherwecanmanage a longtripfrom 1787withitsupsanddowns.Thequestioniswhetherthe “Allinall, we canlookaheadintoafuture thatmaynotnecessarilyresem- ble thehistoricAmericancommonlawmodel,”Stumpfexpressed. “Ithasbeen 100 people. pants aswellcommunityresidents. Stumpf’s presentation drew more than at theendofeachtwo-weekGeneralJurisdictioncourseforpartici- as chiefprosecutor intheNuremberg War Trials. TheNJCpresents theseevents TheNJC’s JacksonLectures are heldthree timesayearinhonorofJustice Robert H.Jackson,a1940sSupreme CourtJusticebestremembered forhisrole “Thekind of legalworkthatwashistoricallyandnormallylitigatedinthe state judicialsystemhasbeenchangingdramatically,” explainedStumpf. Case InPoint magazine (1994)and campaign, Bench Trial SkillsandDemeanor speech wasentitled,“Whatisthe of thefacultysince1974,Stumpf’s at theNJCsince1973andamember C. ClarkAuditorium.Astaff member Oct. 26,2006,intheCollege’s Tom the NJCpublicationsconsultant,on presented byFelixF. Stumpf,Esq., T future judicialchallenges. dayandthenfocusedon modern courts, tracingtrends through the ofthe spoke brieflyonthehistory Future Stumpf oftheJudiciary?” 116th JacksonLecture was he NationalJudicialCollege’s . Hewasnamedby Inherent Constitution Day LECTURE 25 he Honorable Thelton Henderson, a U.S. district court judge and a T justice department lawyer during the civil rights movement of the 1960s, shared his many experiences during a free public lecture, held Sept. 20, 2006, at the NJC. The event culminated the University of Brave New World Nevada, Reno’s celebration of Consti- Nevada Chief Justice Robert E. Rose tution Day. Judge Henderson, a 1980 Delivers NJC’s 115th Jackson Lecture appointee of Jimmy Carter, served as assistant dean of Stanford University he National Judicial College’s July 19, 2006, Jackson Lecture was pre- Law School and as a consultant to sented by Chief Justice Robert E. Rose, of the Nevada Supreme Court. the U.S. Commission on Civil Rights, Nearly 75 judges, NJC staff and faculty listened as Chief Justice Rose Office of Economic Opportunity, spoke about the uphill battle faced by today’s judges. T “All in all, the role of the judiciary has expanded enormously, but our finan- Carnegie Corporation, and Ford Foundation. He has also run his own cial and public support has not kept up with the expansion,” said Chief Justice law firm, specializing in civil liberties Rose. “We are challenged year after year to get from our state legislatures enough and constitutional law. He received money to fund our ever-expanding court system.” his undergraduate and law degrees Chief Justice Rose’s third six-year term on the Nevada Supreme Court will from the University of California, expire at the end of 2006. Serving three times as chief justice, he has built a Berkeley. reputation in the legal community and on the court as a reformer. He promoted In 1962, Judge Henderson the creation of the court’s blue ribbon Judicial Assessment Commission to con- became the U.S. Justice Department’s duct a broad study of the judicial system and recommend improvements, and first black American lawyer in the the Nevada Jury Improvement Commission. Chief Justice Rose also pushed the Civil Rights Division. He was sent to Supreme Court to adopt rules that require all courts to keep reliable uniform the southern states to monitor law statistics to help better manage their pending caseloads and be accountable to enforcement agencies for civil rights the public. abuses. He later served as director of “To have a chance to survive in this Brave New World for the judiciary, we a legal aid center in East Palo Alto, have to be proactive in adopting new procedures and also publicly advocate our Calif. In 1969, he became assistant cause,” Chief Justice Rose told the audience. “For our justice system to succeed, dean at Stanford University Law it must have public trust and understanding.” School, where he established the “Volumes have been written about the necessity of an independent judiciary minority recruiting program. Over the and I agree with every page, every word,” expressed Chief Justice Rose. “But, years, Judge Henderson has received what I think we need to do first is tell everyone why what we do is so important numerous awards for his work in the to the average person and to society as a whole.” 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C civil rights arena and in the legal and Chief Justice Rose’s job as a Nevada Supreme Court law clerk in 1964 judicial fields. inspired him to pursue a judicial career that eventually led him back to the high The lecture was hosted by court in 1989. After the high court clerkship, the New York University School The National Judicial College and of Law graduate practiced law in Reno before he was elected Washoe County sponsored by the UNR Office of the district attorney in 1970. Four years later he was elected Nevada lieutenant President, Governmental Relations, governor. In 1979, he returned to the fulltime practice of law, although this time the Special Assistant to the President in Las Vegas. In 1986, he was appointed to the Eighth Judicial District Court for Diversity, the Intercultural Coun- bench. He spent two years there before a vacancy occurred at the Supreme cil, the Office of the Provost, the Core Court and provided him with the opportunity to fulfill a dream that began Curriculum Committee, the Honors nearly a quarter century before. He won the election and was reelected in 1994 Program, Extended Studies, the Grant and in 2000. Sawyer Center for Justice Studies, The National Judicial College’s Jackson Lectures are held in honor of Justice the Disability Resource Center, the Robert H. Jackson, a 1940s Supreme Court Justice best remembered for his role Associated Students of the University as chief prosecutor in the Nuremberg War Trials. The NJC presents these of Nevada, Flipside Productions, the lectures three times a year at the end of each two-week General Jurisdiction Jot Travis Student Union, the Center course for the course participants as well as community residents and the NJC’s for Student Cultural Diversity and the faculty and staff. NJC Northern Nevada Chapter of the Sons of the Revolution. t h e n a t i o n a l j u d i c i a l c o l l e g e 26 Q Q Q Handling SmallClaimCasesEffectively; SelectCriminal Reaching HigherGround; andEthics,BiastheAdministra- lenges forAdministrativeLawJudges;Ethics,Bias,andJudging: Promoting andExpandingAwareness andLeadership;Interna- Evidence Issues;JudicialEducationonSubstanceAbuse: limited budgets, distance learning isaviablealternative. limited budgets,distancelearning the placeofin-classcourses. But forthoseagencieswith to students.Thatdoesn’t willtake meandistance learning ing. Theyuseitforthesamereason wedo–tocutthecost wide trends. Ithinkmore statesare offering distancelearn- consistentwithcurrentI thinkithasevolvedvery nation- How hastheNJC’s program distancelearning evolved? before andafterattendingthecourses. where judgesare givenonlineassignmentstocomplete components onsite NJCcourseshavedistancelearning components.Whatthatmeans isthatsomelive, learning We alsooffered avarietyofpre- andpost-coursedistance courses. participated inourstand-alonedistancelearning are presented entirely online.In2006,128 judges We heldatotalof10stand-aloneclasses.Thatmeansthey and whatwasthetotalnumberofparticipants? classeswere heldin2006 How manydistancelearning Handling SmallClaimsCasesEffectively. we offered course,whichwas ourfirstdistancelearning Workshop wasinDecemberof2001.Inthefall2001, FacultyDevelopment Our firstDistanceLearning National JudicialCollege? program startatThe When didthedistancelearning programsdistance learning forjudgesonsuchtopicsas use ofteachingandclassroom technologies.Hehasdeveloped since 1998andprovides totheCollegefacultyon instruction andtechnologyprogrambeen thedistancelearning manager College’s staff since1986andjoineditsfacultyin2000.Hehas Joseph SawyerhasbeenamemberofTheNationalJudicial tive LawJudge. tional KidnappingandtheHagueConvention;EvidenceChal- Technology ProgramManager distance Distance Learningand Q &AWiththeNJC’s Going Joseph Sawyer the Q Q Q contact JosephSawyerat(800) 25-JUDGE or [email protected] orvisitourwebsiteatwww.judges.org. For more program ontheDistance Learning information over thattechnologicalhurdle isthemostchallenging. ogy sotheycanfocusonthecontentofcourse.Getting comfortablewith thetechnol- I thinkgettingthelearners tion? educa- What are thechallenges indistancelearning and hesaid,“Becauseyoumademedosomething.” ing legaleducationcoursehehadtaken.”Iaskedhimwhy coursehetookwas“thebestcontinu- the distancelearning Let mequoteJudgeLesMeadefrom Indianawhenhe said program? learning What dojudgeslikethemostaboutNJC’s distance onsite courses. componentdevelopedandattachedtoeachofour learning Dressel saidhewouldeventuallyliketoseeadistance post-course components.(NJC)President (William) courses –bothstand-aloneandoneswithpre- and I thinkweare goingtohavemore distancelearning going inthenearfuture? Where doyouseetheNJC’s program distancelearning F a c u l t y NJC Course Spotlight 27 NJC Faculty Resources Advanced Evidence n January 15, 2006, NJC Chief Aca- demic Officer Phyllis Whittiker sent he judiciary is bombarded consistently and continuously each faculty member three newly devel- Twith evidence questions. Judges must decide whether evi- O dence should be admitted and why. Evidentiary issues pervade oped tools designed to prepare faculty for their teaching roles at the NJC: (1) the 2005 Faculty the legal profession, leaving legal practitioners and judges grap- Handbook & Instructional Manual, (2) the Style pling with the fine points of the Evidentiary Rules. The National & Proofing Guide, and (3) the NJC’s PowerPoint Judicial College (NJC) offers Advanced Evidence to judges all over templates. the country to help judges manage difficult evidentiary decisions. Originally printed in 1991, the Faculty Consistently rated one of the top courses at the NJC, Handbook & Instructional Manual contains a brief Advanced Evidence is a must for judges who want to improve overview and history of their evidentiary rulings. The expert faculty lead participants the NJC, and explains though the quagmire of the Federal Rules of Evidence and compare the key role faculty play and contrast the common law rules. After attending this course, in the NJC’s programs. participants are able to rule on evidentiary issues with greater The manual has 20 accuracy and confidence; ensure that the baseline relevancy sections, and includes issues are met and their probative value outweighs unfair preju- information about dice; analyze quickly whether character evidence is admissible, travel and lodging, particularly with regard to prior bad acts; describe when habit reimbursement, learn- and custom evidence may be admitted; rule on impeachment ing objectives and objections after analyzing bias, capacity and prior inconsistent methods, and course statement rules; outline an analytical scheme for ruling on hear- Chief Academic Officer say objections and the exceptions; recognize the judicial role of Phyllis Whittiker materials. The appen- dices to the manual gatekeeper; and confidently rule on issues relating to lay opinion contain sample course materials and other infor- and expert opinion testimony. mation presented in the NJC’s faculty develop- In 2007, the NJC will offer Advanced Evidence twice. It will ment courses. be offered May 27-31 in Philadelphia, Pa., and Oct. 1-4 at the The Style & Proofing Guide is one laminated NJC in Reno, Nevada. The offering in Philadelphia is especially page with three Citation Guides and a Materi- exciting because the Court of Common Pleas in Philadelphia will als Guide. The Citation Guides are based on host a reception at the National Constitution Center and a dinner the Harvard Bluebook, and state the proper at the Pennsylvania Academy of the Fine Arts. The National citation form for legal documents included in Constitution Center takes visitors through important events in course materials (e.g., law review articles, cases, United States history and utilizes interactive exhibits to show government publications, Internet documents). the Constitution’s relevance. Visitors can take a Supreme Court The Materials Guide lists the preferable fonts for justice’s seat and cast a vote for the top United States president to “Word Course Materials,” “PowerPoint Course ever hold office. The Pennsylvania Academy of the Fine Arts Materials,” and “Handouts.” features exhibits from the world’s artists, including emerging 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C Faculty members received the third tool artists. The Academy will display its annual student exposition – the PowerPoint templates, by email. These are during May. four NJC design templates with four background Philadelphia is a city rich in cultural landmarks, all within colors (white, green, blue and tan), the NJC walking distance from most of the major hotels. From its yearly logo, and set font types and sizes consistent with Flower Show to the Philadelphia Auto Show that attracts thou- the Materials Guide. Two guidelines for prepar- sands of visitors over the three-day period, the Pennsylvania ing presentations, titled “Fifteen PowerPoint Convention Center has something for everyone. Touring the Tips” and “A Brief ‘How to’ Guide for PowerPoint city, visitors can experience Historic Philadelphia, Boat Row and XP,” were also attached to the email message. Penn’s Landing – just a few of the area’s major attractions. These materials will assist faculty in preparing Philadelphia is a vibrant center for arts and culture. The city’s PowerPoint presentations. diverse cultural landscape and tremendous infrastructure of cul- The NJC appreciates the services tural and historical assets make it a destination for many visitors. provided by the faculty, and welcomes any Whether one is looking for a play, museum exhibition, or comments about these resources. As stated by historical tour, the city has a number of cultural amenities to Whittiker, the “faculty is the heart of the NJC’s offer. From the theaters on the Avenue of the Arts to the art programs.” galleries in Old City, there is something for everyone. Please call (800) 25-JUDGE for more information or to register for the course, or visit www.judges.org. courses

t h e n a t i o n a l j u d i c i a l c o l l e g e 28 s e s r u o c 7 0 0 2 ipt eouinTcnqe o rblJsieSses uut69 eo V ,T $945 /$845by5/7/07+$235 D,T Reno,NV August6-9 Dispute ResolutionTechniques forTribal JusticeSystems AUGUST Dispute ResolutionSkills(JS625) SEPTEMBER Conducting theTrial (JS632) JUNE Best PracticesinHandling Basic LegalAffairs ReportingforJournalists JULY itneLann:AWrso o uiilEuaos ac - Rn,N Callforeligibility Reno,NV March 5-9 AWorkshopDistance Learning: forJudicialEducators MARCH Judicial Writing (JS615) APRIL h orhAedet otmoayIse o pelt ugs coe - Rn,N Callforeligibility Reno,NV October1-2 IssuesforAppellateJudges The FourthAmendment:Contemporary OCTOBER The FourthAmendment:Comprehensive Search andSeizure Training forTrial Judges $675/$600by11/7/06+$175 The FourthAmendment:Comprehensive Search andSeizure Training forTrial Judges G,S,T Reno,NV 5-7 February Callforeligibility Reno,NV First AmendmentandMediaIssuesforJudges FEBRUARY 22-25 January Planning andPresenting Effective Presentations: AFacultyDevelopmentWorkshop JANUARY Handling CapitalCases (JS623) NOVEMBER Administrative Law:HighVolume MAY seta or emoki eln ihteMda ac 62 Rn,N G ,T $675 /$600by12/26/06+$175 G,S,T Reno,NV March 26-28 Essential CourtTeamwork inDealingwiththeMedia Scientific Evidence and Expert Testimony (JS 622) July 16-19 Reno, NV JSP, A, D, G, S, T$945/$845by4/16/07+$235 NV JSP,A,D,G,S, Callforeligibility Reno, July16-19 Reno,NV July9-12 Scientific EvidenceandExpert Testimony (JS622) General Jurisdiction(JS610) Environment:Creating anActiveLearning AFacultyDevelopmentWorkshop h orhAedet otmoayIse o pelt ugs Mrh2-0 xod S alfreiiiiy Callforeligibility Oxford, MS March 29-30 IssuesforAppellateJudges The FourthAmendment:Contemporary Logic andOpinionWriting tis isadteAmnsrtv a ug:AWbBsdCus Spebr1-c.2 Wb ,D $550/NoEarlyDiscountConf.Fee A,D Web September10-Oct.26 Ethics, BiasandtheAdministrativeLawJudge:AWeb-Based Course dacdMdain rcia klsadTcnqe Spebr1-1 eo V ,C ,G ,T $550/NoEarlyDiscount+$135 A,C,D, G,S,T Reno,NV September10-11 Advanced Mediation:PracticalSkillsandTechniques Advanced Evidence(JS617) Traffic Issuesinthe21stCentury omrilDie’ iesn as aut eeomn okhp ac 21 Rn,N Callforeligibility Reno,NV March 12-15 Commercial Driver’s LicensingLaws:AFacultyDevelopmentWorkshop Advanced Evidence(JS617) $550/NoEarlyDiscountConf.Fee G,S,T Web 29-March January 15 Essential SkillsforTribal CourtJudges Selected CriminalEvidenceIssues:AWeb-Based Course adigSalCam ae fetvl:AWbBsdCus Arl1-ue1 e D ,S $550/NoEarlyDiscountConf.Fee D,G,S,T Web April16-June1 Handling SmallClaimsCasesEffectively: AWeb-Based Course Decision Making(JS618) Competence, Confidence and Control: Enhancing Public Trust in Tribal Courts March 26-29 Reno, NV T$945/$845by1/23/07+$235 NV Reno, March 26-29 Competence, ConfidenceandControl: EnhancingPublic Trust in Tribal Courts Special CourtJurisdiction Traffic Adjudication for Administrative Law Judges: A Web-Based Course August 6-Sept. 21 Web A$550/NoEarlyDiscountConf.Fee Web August6-Sept.21 Traffic AdjudicationforAdministrativeLawJudges:A Web-Based Course Civil Mediation oOcrigMna n usac bs iodr Spebr2-7 eo V ,S $945/$845by6/25/07+$235 G,S,T Reno,NV September24-27 Co-Occurring MentalandSubstanceAbuseDisorders vdneCalne o diitaieLwJde:AWbBsdCus Mrh1-pi 7 e A $550/NoEarlyDiscountConf.Fee A Web March 12-April27 Evidence ChallengesforAdministrativeLawJudges:AWeb-Based Course omrilDie’ iesn as aut eeomn okhp coe -1 eo V alfreiiiiy Callforeligibility Reno,NV October8-11 Commercial Driver’s LicensingLaws:AFacultyDevelopmentWorkshop Evidence inaCourtroom Setting Judicial Writing (JS615) Administrative Law:FairHearing pca or uidcin dacd(S62 My1-4 eo V S,C ,S $1,495 /$1,395by2/13/07+$455 JSP, C,D,S,T Reno,NV May14-24 Special CourtJurisdiction:Advanced(JS612) diitaieLw tlt euaoyAjdcto Ags 31 Rn,N A $945/ $845 by5/14/07/+$235 A,D Reno,NV August13-16 Adjudication Administrative Law:UtilityRegulatory Impaired DrivingCaseEssentials tis isadJdig ecigHge rud e-ae ore ue1-u.3 e A ,G ,T $550/NoEarlyDiscountConf.Fee A,D,G,S,T Web June18-Aug.3 Ethics, BiasandJudging:ReachingHigherGround: AWeb-Based Course Today’s Justice:TheHistoricBases(JS642) or aaeetfrJde n or diitaos coe -1 eo V C ,G $945/$845by7/11/07+$235 C,D,G, S Reno,NV October8-11 Court ManagementforJudgesandAdministrators or aaeetfrTia or ugsadPronl a 41 Rn,N T $945/$845by2/13/07+$235 T Reno,NV May14-18 Court ManagementforTribal CourtJudgesandPersonnel Logic andOpinionWriting rmnlPera n otTilCalne:SltosfrBi,Spriin. Ags 31 Rn,N G ,T $945/$845by5/14/07 / +$235 G,S,T Reno,NV August13-16 Criminal Pretrial andPost-Trial Challenges:SolutionsforBail,Supervision... aaigCalnigFml a ae:APatclApoc J 3) etme 42 Rn,N JP ,G ,T $945/$845by6/25/07 /+$235 JSP, D,G,S,T Reno,NV September24-27 Managing ChallengingFamilyLawCases:APracticalApproach (JS634) Mediation forAdministrativeLawJudges Administrative Law:Advanced General Jurisdiction(JS610) rcia prahst usac bs sus(S68 Arl3-a Rn,N JP ,S $945/$845by1/30/07+$235 JSP, G,S,T Reno,NV April30-May3 Practical Approaches toSubstanceAbuseIssues(JS628) Current IssuesintheLaw Rural Courts:AWeb-Based Course General Jurisdiction(JS610) aaigCssIvligProswt etlDsblte Jn 52 Rn,N G ,T $945/$845by3/27/07+$235 G,S,T Reno,NV June25-28 Managing CasesInvolvingPersonswithMentalDisabilities Ethics forJudges Fundamentals ofEvidence lcrncDsoey htEeyJdeNest nw ac 1 imntn E $125/NoEarlyDiscount Wilmington, DE March 21 JudgeNeedstoKnow Electronic WhatEvery Discovery: Management SkillsforPresiding Judges Financial StatementsintheCourtroom Sentencing MotorVehicle LawOffenders uligaBa-reEvrneti orCut coe 71 eo V ,C ,G ,T $550/$500by7/18/07+$135 A,C,D,G,S, T Reno,NV October17-18 Building aBias-Free Environment inYour Court Settlement Techniques Enhancing JudicialBenchSkills Administrative Law:FairHearing seta or emoki eln ihteMda coe 93 eo V ,S $675 /$600by7/30/07+$175 G,S,T Reno,NV October29-31 Essential CourtTeamwork inDealingwiththeMedia vdneCalne o diitaieLwJde:AWbBsdCus coe 9 e.1 Wb $550/NoEarlyDiscountConf.Fee A Web October 29-Dec.14 Evidence ChallengesforAdministrativeLaw Judges: AWeb-Based Course Pro Se Litigants a 12 Rn,N G Callforeligibility G,S Reno,NV May21-24 etme 42 Ofr,M G Callforeligibility G,S Oxford, MS September 24-27 etme 01 Rn,N A ,G ,T $550/$500by6/11/07+$135 A,D,G,S,T Reno,NV September 10-11 etme - SnFacso A S,A ,D ,S $1,195/$1,095by6/3/07+$230 JSP, A,C,D,G,S,T SanFrancisco,CA September 2-6 ue37 u aly D S,D ,S $1,195/$1,095by3/5/07+$230 JSP, D,G,S,T SunValley, ID June 3-7 uy91 Rn,N Callforeligibility Reno,NV July 9-10 pi 51 JcylIln,G JP ,D ,S $1,195/$1,095by 1/15/07/+$230 JSP, A,D,G,S,T JeckyllIsland,GA April 15-19 Dates Location JSP/Certificate Fee Discount/Conf. Tuition/Early JSP/Certificate Location Dates oebr48 e ren,L JP $1,195 /$1,095by8/5/07+$230 JSP, G NewOrleans,LA November 4-8 a 41 Rn,N A 95/$4 y21/7+25 $945/$845by2/13/07+$235 A Reno,NV May 14-17 uy1-6 eo V S,C ,G ,T $1,495/$1,395by4/15/07+$455 JSP, C,D,G,S,T Reno,NV July 15-26 uut69 eo V ,D ,S $945/$845by5/7/07+$235 A,D,G,S,T Reno,NV August 6-9 a 73 Piaepi,P JP ,D ,S $1,195/$1,095by2/26/07+$230 JSP, A,D,G,S,T Philadelphia, PA May 27-31 ue47 eo V ,G ,T $945/$845by 3/6/07/+$235 A,G,S,T Reno,NV June 4-7 coe - Rn,N JP ,D ,S $945/ $845by7/2/07/+$235 JSP, A,D,G,S Reno,NV October 1-4 $945/$845by11/14/06+$235 T Reno,NV 12-15 February uy2-6 eo V S,A ,D ,S $945/$845by4/23/07+$235 JSP, A,C,D,G,S,T Reno,NV July 23-26 a 42 Rn,N C ,S $1,495/$1,395 by2/13/07/+$455 C,D,S,T Reno,NV May 14-24 ue1-5 eo V ,C ,G ,T $1,095/NoEarlyDiscount+$275 A,C,D,G,S,T Reno,NV June 11-15 eray1-2 rad,F D ,S $1,195/$1,095by11/20/06+$230 D,G,S,T Orlando,FL 18-22 February uy2-6 eo V S,A ,G ,T $945 /$845by4/23/07+$235 JSP, A,D,G,S,T Reno,NV July 23-26 pi 3My3 eo V ,D $1,495/$1,395 by1/23/07/+$455 A,D,T Reno,NV April 23-May3 etme 42 Rn,N A ,T $945/$845 by6/25/07/+$235 A,S,T Reno,NV September 24-27 ac 82 Wsigo,DC JP ,D ,S $1,195/$1,095by12/25/06+$230 JSP, A,D,G,S,T Washington, D.C. March 18-22 pi 0My3 eo V ,D ,S $945/$845by1/30/07+$235 A,D,G,S,T Reno,NV April 30-May3 ac 82 Calso,S A $9 oEryDson $3 $895/NoEarlyDiscount+$235 A,D Charleston,SC March 18-23 ue2-8 eo V ,D $945/$845by3/27/07+$235 A,D Reno,NV June 25-28 coe 42 Rn,N S,C ,G ,T $1,495/$1,395by7/15/07 /+$455 JSP, C,D,G,S,T Reno,NV October 14-25 uut2-0 a abr E ,G ,T $1,195 /$1,095by5/27/07+$230 D,G,S,T BarHarbor, ME August 26-30 etme 4Nv Wb ,G $550/No EarlyDiscount/NoConf.Fee C,G,S Web September 24-Nov. 9 ac 82 Rn,N JP ,D ,S $1,495/$1,395by12/18/06/+$455 JSP, C,D,G,S,T Reno,NV March 18-29 coe 51 Rn,N ,C ,G ,T $550 /$500by7/16/07+$135 A,C,D,G,S,T Reno,NV October 15-16 uut2-0 eo V ,S $945/$845 by 5/28/07/+$235 A,S,T Reno,NV August 27-30 ue2-9 eo V ,S $945/$845by3/27/07+$235 G,S Reno,NV June 25-29 coe 71 aeThe V ,G Callfor eligibility D,G LakeTahoe, NV October 17-19 uut2-0 eo V ,G ,T $945/$845 by5/28/07/+$235 A,G,S,T Reno,NV August 27-30 coe 71 eo V ,C ,G ,T $550 /$500by7/18/07+$135 A,C,D,G,S,T Reno,NV October 17-18 coe 8Nv Calso,S G ,T $1,195 /$1,095by7/28/07+$230 G,S,T Charleston,SC October 28-Nov. 1 coe 9Nv eo V ,D $1,495 /$1,395by7/28/07+$455 A,D,T Reno,NV October 29-Nov. 8 Studies and Ph.D. program) Ph.D. and Studies (accredited Master of Judicial Judicial of Master (accredited Program Studies Judicial = JSP C = Court Management Skills Management Court = C Skills Adjudication Law Administrative = A T = Tribal Judicial Skills Tribal = T Judicial Trial Court Skills Special = S Trial Skills Jurisdiction General = G Skills Resolution Dispute = D

BooksN J C P R e s s Judicial Discretion: A Text 29 J. Eric Smithburn This text provides a scholarly yet practical examination of the meaning of discretion, why discretion exists, the levels of discretion, and the standard by which to defi ne and review the abuse of discretion. While judges and legal scholars will continue to wrestle with the appropriate use of discretion, this seminal unprecedented work is a timely resource to guide any analysis and application of judicial discretion. 320 pages softcover / $60.00

NJC Deskbook on Evidence for Administrative Law Judges /+$
%FTLCPPL
PO Christopher B. McNeil, General Editor &WJEFODF A complete updated revision of Goldberg’s Deskbook on Evidence for GPS

Administrative Law Judges fi rst published in 1993. The new edition "ENJOJTUSBUJWF
now acquaints ALJs with the substantive context for understanding evidentiary concepts, provides state and federal authorities to support -BX
+VEHFT their rulings, supplements the comments with examples based on practical judicial experience and serves as an everyday checklist guide $ISJTUPQIFS
#
.D/FJM for executive adjudicators. (FOFSBM
&EJUPS

THE 143 pages softcover / $37.00 NATIONAL JUDICIAL COLLEGE

Grimes Criminal Law Outline (Supreme Court Term 2005-2006) Judge Stephen A. Schiller (Ret.) and Judge Thomas P. Durkin (Ret.) The Criminal Law Outline was originated by Chief Justice William A. Grimes of the New Hampshire Supreme Court. The 33rd edition of the Grimes Criminal Law Outline (2005-2006 Supreme Court Term) succinctly annotates all U.S. Supreme Court decisions on the Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution since 1974. Judge Stephen A. Schiller (Ret.) and Judge Thomas P. Durkin (Ret.) continue to produce an invaluable and reliable tool for judges to consult in dealing with criminal law and procedure. 359 pages softcover / $35.00 CD ROM (MS Word /Single User License) / $35.00 Softcover/CD ROM Set / $45.00

International Child Custody Cases: Handling Hague Convention Cases in U.S. Courts Judge James D. Garbolino Judge James D. Garbolino’s book, International Child Custody Cases: Handling Hague Convention Cases in U.S. Courts, provides judicial offi cers hearing Hague Convention cases with a reference resource. Judge Garbolino has written and lectured extensively on the Hague Convention in the United States and Europe. In September, 2000, he attended an

international conference on the Hague Convention in Washington, D.C., as the chief U.S. delegate. In his foreword, 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C Judge Garbolino says, “In the short time the Hague Convention has been in force in the United States, a substantial body of case law has developed, providing a foundation for application of the Convention.” 273 pages softcover / $35.00

Search & Seizure Sourcebook for State Judges Professor Kenneth R. Evans In Search and Seizure, A Sourcebook for State Judges, Professor Kenneth R. Evans presents a unique book designed to spotlight the intricacies of the U.S. Supreme Court and state Supreme Court decisions on search and seizure issues. His correlation of states cases with those of the nation’s highest court is an innovation that distinguishes Professor Evans’ book from other works on the topic. In addition, he provides valuable checklists and forms. 684 pages softcover / $60.00 Order form

t h e n a t i o n a l j u d i c i a l c o l l e g e 30 m r o F r e d r O k o o B s s e r P C J N otoe n DRMSt...... SoftcoverandCDROMSet . . DRM(SWr/igeUe ies)...... _____ 3.0 ______@$35.00 ______...... CDROM(MSWord/Single. UserLicense) shipping charges; callorfaxforpricinginformation. NameonCard (pleaseprint) ______(______) ______E-mail ______Fax Phone (______)______City ______State______Zip______Shipping Address ______Ship To (Name) ______Orders:International shippingrates.Pleaseallow2-4weeksfordelivery.Call forovernight 100+ books=FREE 40-99 books=$50.00 Each additionalbook=$2.50 First book=$7.50 Shipping Charges: Payment: *Discount: your order to(775)327-2161.Besure tocompletetheentire order form.Order toll-free: (800)25-JUDGE(800-255-8343). Judicial Publications,TheNationalCollege,CollegeBldg./MS358,Reno,NV, 89557.You mayalsofax To order NJCPress thisorder JudicialPublications,pleasereturn formwithacheck/credit card/purchase order number to: Order Information Grand Total Due Plus ShippingandHandling *Quantity Discount Total ofOrder ...... ______...... Softcover @$60.00 Grimes CriminalLawOutline,2005-2006Supreme CourtTerm, 33rd Edition Judicial Discretion: AText ...... ______Item Handbook for a Sufficient Hearing Record ...... ______@ $15.00 ______...... @$15.00 ...... @$18.00 ...... ______. . .______...... ______...... ______...... ______...... @$35.00 ...... Courtroom EvidenceHandbook . . . @$10.00 ...... Making Work . . Work . ______forYou ______. @$60.00 ...... ______...... Handbook foraSufficientHearingRecord ...... ______...... Court Security:CalmintheCourthouse ...... @$37.00 ...... Decision Writing:A HandbookforAdministrativeLawJudges ...... Handling HagueConventionCasesinU.S.Courts . . ______...... ChildCustodyCases: International ...... Search &Seizure Sourcebook . forStateJudges ...... NJC DeskbookonEvidenceforAdministrativeLawJudges [ ] [ ] [ ] [ ] [ ] ExpirationDate:Month/Year ______/______Visa Credit Card Number______Purchase Order Attached______Checkenclosed(payabletoTheNationalJudicialCollege)

Prepayment orpurchase order isrequired onallorders. orders International require prepayment andadditional Quantity discountof20%for20ormore publicationsordered andshippedtothesameaddress. [ ] ...... MasterCard ......

...... Prepayment in U.S. funds required. Additional shipp ...... [ ] American Express _____ @$50 ______@$35.00 ______...... [ ] Dsoe Discover ____ ...... ______...... ______...... ______...... ______...... _____ @$99 ______@$39.95 ______. . . . . _____ @$50 ______@$45.00 ______. . ing charges apply. Call/fax for pricing information Qatt Pie Total Price Quantity ______...... 3.0 ______@ $36.00 Signature

. . CUT HERE

ecmBenchm BenchmarksB e n c h m a r k s 31 Hon. Phyllis H. Carter (WV), chief Hon. Chris B. McNeil (OH), admin- administrative law judge for the istrative hearing examiner for Occu- Human Rights Commission, gradu- pational and Professional Licensing, ated from the Administrative Law graduated from the Administrative Adjudication Skills program. She is Law Adjudication Skills program. also enrolled in the Dispute Resolu- tion Skills program. Hon. Kenneth Moy (IL), circuit court judge, graduated from the Gen- Hon. David Chidester (IN), superior eral Jurisdiction Trial Skills program. Ph.D. and Master’s court judge, graduated from the Gen- He is also enrolled in the Dispute eral Jurisdiction Trial Skills program. Resolution Skills certificate program. Graduates Hon. Stephanie Domitrovich of Erie, Hon. Robert G. Dickinson (OR), Hon. Jeffrey G. Meeks (CA), senior Pa., graduated in May with the first presiding judge with the Confeder- judge of the U.S. Navy-Marine Corps Ph.D. in Judicial Studies awarded by ated Tribes of the Siletz Indians, Western Judicial Circuit Trial Judi- the University of Nevada, Reno. The graduated from the Tribal Judicial ciary, graduated from the General Judicial Studies program is offered by Skills program. Jurisdiction Trial Skills program. UNR in conjunction with the NJC. Above, from left, are Mara Merlino, Hon. Calvin E. Gantenbein, Jr. Hon. (Major) David S. Oliver (CA), Ph.D., Judge Domitrovich, Judicial (OR), chief judge for the Siletz Tribal U.S. Marine Corps, graduated from Studies Director Jim Richardson, J.D., Court, graduated from the Special the General Jurisdiction Trial Skills Ph.D., and Shirley Dobbin, interim Court Trial Skills program. Judge program. He is the fifth military director of NCJFCJ’s Permanency Plan- Gantenbein has also completed the judge to graduate from the program. ning for Children Department. Col. General Jurisdiction Trial Skills and Rodger C. Harris graduated with a the Tribal Judicial Skills programs. Hon. Michael N. Patchen (WY), Master’s in Judicial Studies degree. Col. circuit court judge, graduated from Harris has retired from the military, Hon. Greg Gerard Guidry (LA), dis- the General Jurisdiction Trial Skills and is now a U.S. immigration judge. trict court judge, graduated from the program. General Jurisdiction Trial Skills pro- Award Recipients gram. Judge Guidry is also a Master of Hon. Carl Pepion (MT), Blackfeet Commissioner Michael Onheiber, Judicial Studies degree candidate and Tribal Court, graduated from the Wisconsin Family Court Commis- is enrolled in the Dispute Resolution Dispute Resolution Skills and Tribal sioners Association, was the recent Skills certificate program. Judicial Skills programs. recipient of the Marc Dorfman Award, created by the Government Lawyers Major Charles Hale (Japan), U.S. Hon. Philip Taylor (GA), chief judge Division of the State Bar of Wisconsin. Marine Corps Western Pacific Circuit for the Magistrate Court, graduated judge, graduated from the General from the Special Court Trial Skills The Richland County Criminal Jurisdiction Trial Skills program. program. Judge Taylor is a recent Domestic Violence Court (SC), was graduate of the Dispute Resolution

awarded the 2006 National Associa- Hon. Charles Halterman (MO), Skills program. 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C tion of Counties Achievement Award. senior appeals referee with the Department of Labor and Industrial Hon. Audrey L. Thomas (Virgin Certificate Relations, graduated from the Dispute Islands), superior court judge, gradu- Program Graduates Resolution Skills program. He also ated from the General Jurisdiction Hon. Walter J. Brudzinski (NY), graduated from the Administrative Trial Skills program. U.S. Coast Guard, graduated from Law Adjudication Skills program. the Administrative Law Adjudication Hon. Cynthia Burrows Williams Skills program. Hon. Arthur E. Marshall, Jr. (VA), (SC), chief magistrate, graduated an ALJ with the U.S. Department from the Dispute Resolution Skills Hon. Suzette Carlisle (MO), admin- of Defense, Office of Hearings and program. istrative law judge for the Division Appeals, graduated from the of Workers’ Compensation, gradu- Administrative Law Adjudication Memorium ated in the Dispute Resolution Skills Skills and Dispute Resolution Skills Hon. Silvia Cano-Garcia (NM), died program. Judge Carlisle previously programs. He is the first judge from following a long battle with cancer. earned a certificate in the Administra- the U.S. Department of Defense to tive Law Adjudication Skills program. complete both programs. Melody Faculty & Staff Staff Luetkehans Vengco Roscoe 32 Two NJC Employees Celebrate A Quarter Century At THE NJC he National Judicial College recently Tcelebrated the 25-year anniversaries for two employees – Scholarship Officer Nancy Copfer and Course Administrator Betty Morgan. The two have seen the College through much transformation and have been a huge part of its success over the years. Hon. Samuel DeSimone, of Woodbury “I have possibly the very best job in the N.J., received his 20-year teaching award universe,” expressed Copfer, who works in from the NJC. Since 1987, he has taught the College’s Communications Department. General Jurisdiction, Conducting the Trial “The faculty members and participants are real and Case Management. people with real challenges. Fortunately, for the past 15 years, I have been in a position to assist In Memorium many of them with their goal of attending the Robert M. Landis died in January NJC for the finest judicial education available. Betty Morgan and Nancy Copfer of 2005. Landis served on the NJC’s It is the best experience to have the opportunity to call them to tell them that board from 1990-1995. He spent the award is approved – kind of like a doctor with a ‘sure fire’ cure.” nearly 50 years with Dechert Price Morgan, who works in the NJC’s Academic Department, said she gets a & Rhoads in Philadelphia, rising to great deal of satisfaction from her job as well. “When I have finished preparing partner and chairman. all the materials and the classroom is completely set up for a course, and the judges finally arrive, I feel a sense of accomplishment for all my hard work,” Faculty/Staff she expressed. “It is also a rewarding experience when you are no longer Achievements assigned to a certain class and the faculty request for you to be reassigned back to them because of your work ethic, your attitude, and your positive and out- 5 Year award going personality. It gives me a true sense of worth.” Michael Roosevelt – California For Morgan and Copfer, the years have flown by quickly. Neither had antici- Richard S. Barnes – California pated reaching the 25-year milestone when they started working at the NJC in Hon. Steven A. Wise – Iowa 1981. “In retrospect, the opportunity to be exposed to this legal environment, a Hon. Pamela R. Harwood – Michigan faculty of the highest stature, exceptional participants, and the many wonderful Hon. Reba Ann Page – Virginia friends I’ve made at the College during this time is irreplaceable,” Copfer said. Dr. Mark G. Haug – Kansas “The bonds formed over the years with faculty members and participants Jon C. Herron, Ph.D. – Washington have been one of the most rewarding parts of my job,” expressed Morgan. “I’ve Susan Samson – Florida enjoyed meeting judges and College staff who have become my friends for life.” Prof. Thomas S. Hodson – Ohio In all of their accomplishments and hard work, there have also been Prof. Mike Kautsch – Kansas moments they would like to forget. “One of my most memorable and embar- Ronald M. Keefover – Kansas rassing moments was when lunch was served outside on the patio. As I walked Fred Egenberger – Nevada through the narrow aisles with my tray of food, I bumped into a judge and spilled hot gravy on his head,” recalled Morgan. “Needless to say, my day was over!” 10 Year award o l l e g e NJC Assistant NEW EMPLOYEES c Hon. Andre M. Davis – Maryland Controller Wins The NJC is happy to welcome several 15 Year award Award new employees. Melody Luetke- William H. Anderson, Ph.D. – Nevada Fred Egenberger, assistant control- hans is a program attorney in the ler in the Business Office, was one Academic Department. Christine

u d i c i a l 20 Year award of the recipients of the Karen Morris Folsom-Smith is the program attor- j Hon. Samuel G. DeSimone – New Award for Excellence in Service to the ney for the National Tribal Judicial Jersey Faculty. The Faculty Council selected Center. Karen Roscoe has joined the him and former NJC International/ Business Office as accounting assis- tant and Alaina Vengco has joined V. Robert Payant Judicial Studies Manager Peggy Vidal for this year’s awards. Egenberger was the Development Office as a develop- a t i o n a l Award ment officer. Kelly Unger joined the n Hon. W. Michael Gillette – Oregon chosen in particular for his service in the gift shop and for working with Academic Department as a course administrator. h e the Council to select and acquire t faculty awards. givingGiving News 33 how we can best help to advance the Hon. Marilyn H. Loftus (NJ) mission and goals of the organization Superior Court of New Jersey and assist in the fundraising efforts.” Edward W. Madeira, Jr., Esq. (PA) DeMarco has been involved with Pepper Hamilton, L.L.P. The National Judicial College since the late 1980’s. He became familiar Charles W. Matthews, Jr., Esq. (TX) with the organization through his ExxonMobil Corporation uncle, the late Michael DeMarco, a Arlene Elgart Mirsky, Esq. (NJ) Boston judge who graduated from the Sills Cummis Epstein & Gross, P.C. NJC in 1971. DeMarco is a tremendous supporter who has not Irwin A. Molasky (NV) only given his own personal Paradise Development, Ltd. contributions but has also raised Stephen George Morrison, Esq. (SC) more than $100,000 in additional Nelson Mullins Riley & Scarborough, contributions. He was involved with L.L.P. the former Advisory Council for Board of Visitors Chair Michael DeMarco Peter Chase Neumann, Esq. (NV) 10 years, and when approached to Attorney at Law become chair of the newly formed Board of Visitors Board of Visitors in 2004, he accepted Robert L. Parks, Esq. (FL) Holds Annual with enthusiasm. DeMarco is a trial Haggard, Parks, Haggard & Lewis, P.A. Meeting at the NJC attorney in Boston. He focuses on Charles E. Patterson, Esq. (CA) embers of The National Judicial business litigation and white collar Morrison & Foerster, L.L.P. MCollege’s Board of Visitors flew crime with Kirkpatrick & Lockhart, in from around the country and met Nicholson Graham, L.L.P. Judyth W. Pendell, Esq. (CT) for their annual meeting at the NJC Pendell Consulting, L.L.C. in June of 2006. The meeting kicked Board of Visitors James W. Quinn, Esq. (NY) off with a dinner and lecture by Lloyd Weil, Gotshal & Manges, L.L.P. Dixon, Ph.D., of the RAND Corpora- Michael DeMarco, Esq. (MA), Chair Marsha Rabiteau, Esq. tion, who addressed the Board with Kirkpatrick & Lockhart, Nicholson The Hartford Financial Services Group an informative presentation entitled, Graham, L.L.P. “Issues in Mass Torts.” The following Mark G. Tratos, Esq. (NV), Vice Chair John A. Tarantino, Esq. (RI) day, the board convened at the NJC Greenberg Traurig, L.L.P. Adler Pollock & Sheehan, P.C. and toured the facilities, including James R. Bartimus, Esq. (KS) Blake Tartt, Esq. (TX) the state-of-the-art model courtroom, Bartimus, Frickleton, Robertson & Beirne, Maynard & Parsons, L.L.P. where the Nevada Supreme Court Gorny, P.C. heard oral arguments in November Anthony Francis Troy, Esq. (VA) of 2006. In addition, Judge Ken David J. Beck, Esq. (TX) Troutman Sanders, L.L.P. Kawaichi (Ret.) led an interactive Beck Redden & Secrest, L.L.P. Hugh Young, Jr., Esq. (VA) discussion on the core competencies Hon. Alfred A. Burka (Ret.) (MD) Product Liability Advisory Council

project, which is a joint effort of the 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C Hon. Leonard Stanley Chauvin, Jr. National Center for State Courts and Who are the Board The National Judicial College. “The (Ret.) (KY) meeting provided the opportunity for Hon. Louis E. Condon (Ret.) (SC) of Visitors? the board to learn more about issues The Board of Visitors is made up John Peter Frantz, Esq. (DC) of prominent individuals who that affect their professions and also Verizon Communications receive an update on the important share in the NJC’s mission of work the NJC is conducting,” said Patricia Glaser, Esq. (CA) “providing leadership in achieving President William Dressel. Christensen, Miller, Fink, Jacobs, Glaser, justice through quality judicial Michael DeMarco, chair of the Weil and Shapiro, L.L.P. education and collegial dialogue.” Board of Visitors, was extremely Each board member plays a direct Douglas G. Houser, Esq. (OR) role in strengthening the College’s pleased with the meeting. He said, Bullivant Houser Bailey, P.C. “The annual meeting provides an position as the leading institution excellent opportunity for the mem- Lynn R. Johnson, Esq. (KS) for judicial education by agreeing bers to get together in person, get to Shamberg, Johnson & Bergman, Chtd. to provide leadership, advice and know one another better and receive Philip J. Kessler, Esq. (MI) counsel to the president and staff an update on the important work Butzel Long on initiatives that are important of the NJC. Our role is to determine to the NJC’s mission. boardboard of trustees 34 Chalk Hill Vineyards and Winery Hosts NJC trustees’ Fall Meeting

he College’s fall board of trustees meeting was held TOctober 19-21 at Chalk Hill Estate Vineyards and Winery in Healdsburg, Calif. Members of the board of trustees and guests met to discuss issues important to the future of the College. Led by guest facilitator, Dr. Nora Silver, Ph.D., the trustees discussed the NJC’s mission, its courses and programs, fundraising, and how best to meet Chalk Hill Estate Vineyards and Winery in Healdsburg, Calif. the educational needs of the nation’s judiciary to respond to NJC programs and services. “Chalk Hill Estates provided the perfect background for this important gathering,” said Hon. William F. Dres- sel, NJC president. “Due to the generosity of Fred Furth and Chalk Hill Estate, we were able to meet as a group and examine important issues relevant to our organization’s future.” The NJC board of trustees meets three times a year to provide outstanding leadership in setting goals and obtain- Trustee and meeting host, The Board of Trustees tour ing resources necessary to fulfill the NJC’s mission. The Fred Furth (right), and Trustee Chalk Hill Estate Vineyards board of trustees next meeting will be held in the spring of Oliver Mitchell and Winery 2007 on the College campus in Reno.

NJC Welcomes New Board of Trustees Members

The NJC extends a warm welcome to the following new board members. Each member will serve a two-year term which began July 1, 2006.

Marybel Batjer Michael L. Buenger Marybel Batjer, Vice President of Public Policy and Communications, Harrah’s Entertainment, Inc., Las Vegas, NV

Michael L. Buenger, State Court Administrator, Missouri Court System, Jefferson City, MO

Frederick P. Furth, Esq., The Furth Foundation,

o l l e g e Healdsburg, CA c Thomas V. Girardi, Esq., Girardi Keese Lawyers, Los Angeles, CA Thomas V. Girardi, Esq. Frederick P. Furth, Esq. Hon. Denette “Dennie” Mouser, Vice Chief Justice, u d i c i a l

j Supreme Court of the Muscogee Nation, Bentonville, AR Thomas V. Girardi Hon. James M. Riehl, Kitsap County District Court, Port Orchard, WA a t i o n a l n h e

t Hon. Denette Mouser Hon. James M. Riehl DonorsD o n o r s 35 THE ANNUAL FUND PLATINUM GAVEL CIRCLE GOLDEN GAVEL CIRCLE This list reflects donations received ($1,000 - $2,499) ($250 - $499) from March 14, 2006, through Anonymous Hon. David A. Anderson (VA) October 31, 2006. The NJC acknowledges The Allison Law Firm Prof. Ronald J. Bacigal (VA) the following friends and alumni for Justice Cameron M. Batjer (NV) Hon. James E. Barlow (TX) their generosity. William J. Brunson, Esq. (NV) Hon. Charles R. Cloud (VA) Stephen H. Cypen, Cypen & Cypen James E. Coleman, Jr., Esq. (TX) SPECIAL RECOGNITION Hon. William F. Hon. Vivian L. Cummings (GA) Hon. DONORS ($25,000+) and Angela Dressel (NV) Patrick J. Curran (NM) Boyd Gaming Corporation Gabelli Foundation Inc. Hon. Rex J. Ford (FL) Hon. Karen L. Hunt (AK) The Goad Foundation E.L. Wiegand Foundation Gary Jacobs, Esq. (NV) Hon. Stephen S. Goss (GA) ExxonMobil Corporation Mr. and Mrs. Dennis B. Jones (CA) Hon. Karl B. Grube (FL) Star Tribune Foundation/ M.R. Bauer Foundation Hon. Robert C. Halbritter (WV) McClatchy Newspapers, Inc. Marathon Oil Company Hon. Duane R. Harves (MN) Hon. Christopher B. McNeil (OH) Hon. Douglas H. Ige (HI) Robert R. McCormick Hon. William A. Munnell (NV) Hon. Kristina Jarrott (TX) Tribune Foundation Nevada State Bank Hon. Perry Oliver Johnson, IV (CA) Peter Perlman, Esq. (KY) James M. Jones, D.D.S. (NV) TOM C. CLARK FOUNDER’S CIRCLE Reno Gazette-Journal Hon. Norman A. Krumenacker III (PA) ($10,000 - $24,999) SBC Foundation Matching Maher, Guiley and Maher The Rhode Island Foundation Gift Program Michael J. McCue, Esq. (NV) Robert Z. Hawkins Foundation Hon. David M. Schreiber (NV) Alan Molasky (NV) The Clinton H. and Sunbelt Communications Company Mr. and Mrs. Carl Naumann (NV) Wilma T. Shattuck Charitable Trust The Thomas Foundation Hon. James M. Redwine (IN) Silver State Schools Credit Union Troutman Sanders L.L.P. Hon. John F. Reif (OK) The South Carolina Bar Foundation Hon. James J. Richards (IN) The Charles H. Stout Foundation CRYSTAL GAVEL CIRCLE Hon. Larry G. Sage (NV) ($500 - $999) Hon. Mikell R. Scarborough (SC) PRESIDENT’S CIRCLE Mr. and Mrs. Hon. Robert A. Schultz (NV) ($5,000 - $9,999) Albert R. Abramson, Esq. (CA) Hon. and Mrs. Jack W. Smith (AK) Bartimus, Frickleton, Justice Carl O. Bradford (ME) Hon. Margaret Poles Spencer (VA) Robertson & Gorny, P.C. Hon. Tyrone T. Butler (DC) Hon. James F. Stapleton (CT) David J. Beck, Esq. (TX) Hon. Samuel G. DeSimone (NJ) Nancy Neal Yeend (CA) Beirne, Maynard & Parsons, L.L.P. Hon. Peter M. Evans (FL) Civil Justice Reform Group Hon. J. Ernest Kinard (SC) SILVER GAVEL CIRCLE Patricia Glaser, Esq. (CA) Hon. Jack Lehman (NV) ($125 - $249) Harrah’s Entertainment, Inc. Andrew Molasky (NV) Hon. George H. Allen (TX) Nelson Mullins Riley Hon. James W. Oxendine (GA) Hon. John M. Antosz (WA)

& Scarborough, LLP Hon. Robert T. Pfeuffer (TX) Hon. Angela R. Arkin (CO) 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C Pepper Hamilton, LLP Michael A. Pope, Esq. Beesley, Peck & Matteoni, Ltd. Charles W. Matthews, Jr., Esq. (TX) and Christine M. Pope (IL) Hon. Elihu M. Berle (CA) MGM Mirage Hon. Frederic B. Rodgers (CO) Hon. Janet J. Berry (NV) The North Carolina State Kitty Rodman (NV) Hon. James M. Bierce (OH) Bar Plan for IOLTA Hon. Daniel Patrick Ryan (MI) Hon. Margaret G. Brakebusch (GA) Robert L. Parks, Esq. (FL) Hon. and Mrs. Hon. Guido J. Casari, Jr. (CA) John A. Tarantino, Esq. (RI) Olin W. Shinholser (FL) Hon. Frederic S. Carr, Jr. (VA) Verizon Communications Hon. Pilar Vaile (NM) Hon. Burrell J. Carter (LA) Chief Justice Hon. Phyllis H. Carter (WV) DIAMOND GAVEL CIRCLE Joseph R. Weisberger (Ret.) (RI) Hon. William H. Carver (WI) ($2,500 - $4,999) West Virginia Judicial Association Hon. David L. Chidester (IN) Hon. Procter R. Hug, Jr. (NV) Wilmer Cutler Pickering Hale Hon. Jess B. Clanton (OK) Brian A. Larson, Esq. (NV) and Dorr Hon. Thomas E. Connolly (MA) Marilyn R. Melton (NV) Hon. John W. Countryman (Ret.) (IL) Judyth W. Pendell (CT) Hon. Anderson D. Cromer (NC) Stephens Media Group Alan Curry (TX) Sidney Stern Memorial Trust Hon. Darrin M. Dolehanty (IN) t h e n a t i o n a l j u d i c i a l c o l l e g e 36 Gormley&Desruisseaux Hon. J.D.Williamson, Jr. (MO) Hon. ElizabethM.Williams (AZ) Hon. CynthiaB.Williams (SC) Hon. FrankJ.Williams (RI) Hon. JamesG.Weddle (KY) Hon. GeraldW. VandeWalle (ND) Hon. JamesC.Van Winkle (NV) Hon. RobertC.Tobias (CO) Hon. LouisThayer(MN) Hon. ConstanceM.Sweeney(MA) Hon. DavidR.Sweat(GA) Felix F. Stumpf,Esq.(NV) Hon. KennethE.Stewart(IL) Hon. George R.Sprague(MA) Hon. DennisJ.Smith(VA) Hon. Cameron B.Simmons(LA) March Runner (AK) Hon. Jeffrey Rosinek(FL) Hon. StevenD.Robinson(FL) (AmericanSamoa) Hon. Lyle L.Richmond Tania H.Reese,Ph.D.(CO) Rawlings, Olson,Cannon, Hon. andMrs.EarlG.Penrod (IN) Hon. George M.Peagler, Jr. (GA) Hon. George A.Pagano(PA) Hon. DebbieO’Dell-Seneca(PA) Hon. JosephV. Ochoa(OR) Hon. SheilaM.Murphy(IL) Hon. JamesA.Morrow (MN) Hon. William F. Morgan (PA) Hon. Wesley L.Mook(VT) Hon. BruceS.Mencher(DC) Hon. Howard D.McKibben(NV) Hon. CharlesM.May(IL) Hon. Violet A.P. Lui-Frank(AZ) W.Hon. Jerry Looney(AR) Hon. PaulG.Levy(NJ) Hon. StevenH.Levinson(HI) Prof. StacyL.Leeds(OK) James W. LaBelle(AK) Hon. PhilipT. Kyle(KS) (MA) Hon. LeilaR.Kern Hon. JosephKeefe(IA) Hon. KenM.Kawaichi(CA) Hon. NormanE.Joslin(NY) Hon. PaulL.Jones(NC) Hon. DeborahW. Jones(NC) Hon. Marc Jacobson(VA) Hon. William E.Holdridge(IL) Mr. andMrs.EarlM.Hill(NV) Hon. Wanda K.Heard (MD) HarcourtHon. BarbaraArnold (IN) Keith E.Galliher, Jr., Chtd. Hon. RobertB.Ford (OH) Hon. Timothy J.Finn(IA) D.Fairbanks(AZ) Hon. Cheryl Hon. Carol A.Eckersen(MN) donors

continued E.DuaneDaugherty(IN) Frederick C.Cohen(MO) Hon. David J.Dreyer (IN) Hon. JamesN. Docter(WA) Hon. Michelle M. Demmert(WA) Hon. RoseM.DeFino-Nastasi (PA) Hon. andMrs. Hon. EllisW. Darby(MI) (KY) Linda RaeCurry Hon. DanielCrothers (ND) J.Craddock(TX) Hon. Larry Hon. JamesA.Cox(CA) Hon. JohnP. Corderman (MD) Hon. Trish Corbett(PA) Hon. CheriC.Copsey(ID) Hon. AllenT. Compton(AK) Hon. andMrs. Benjamin R.Cohen(NJ) Hon. ChristopherD.Coats(TN) Hon. CathleenB.Clarke(FL) City ofEastChicagoCourt Hon. MichaelE.Chionopoulos(OK) Hon. andMrs.JamesChenault(KY) Hon. ThomasE.Cheffins(PA) Hon. JoelT. Chaisson(LA) Audrey J.Cassel(NE) Hon. William B.and Hon. Richard W. Carter(TX) Annie LeeCarroll (IL) Hon. Vicki L.Carmichael(IN) Hon. William A.Cardwell (HI) Mr. andMrs.DouglasByington(NV) Hon. MarkD.Butterfield(WI) Hon. KimW. Burke(OH) Hon. CindyH.Bruner(CO) Hon. Richard S.Brown (WI) Hon. GwendolynN.Bright(PA) Hon. LauraJ.Bridges(NC) Dale W. Brien (ND) Hon. H.JoeBressler (OH) Hon. ThomasC.Branca(PA) Kevin F. Brady, Esq.(GA) Hon. RogerE.Bradley(GA) Jan andStephenA.Bouch(CA) Hon. StephenE.Boswell(GA) Hon. AlanM.Black(PA) Hon. AnthonyS.Beltrami(PA) Muriel Bartlett(NV) Hon. MichaelJ.Barrasse(PA) Hon. StephenG.Baratta(PA) Hon. StevenD.Aycock (WA) Hon. Victor Ashrafi(NJ) A. Wayne Ashley(TX) Hon. Karen M.Arnold-Burger (KS) Hon. DonaldT. Anderson,Sr. (IL) Hon. DouglasK.Amdahl(MN) Gretchen StrubleAlt(NV) Hon. JamesF. Almand(VA) Hon. DeborahA.Agosti(Ret.)(NV) (up to$124) BRONZE GAVEL CIRCLE CharlotteGibson(VT) Hon. Edward T. Miller(DC) Hon. MarieNakanishi Milks(HI) Hon. DavidMelcher (KY) Hon. P.B. McLauchlin,Jr. (AL) Hon. RobertE.McBeth(WA) (IL) Hon. KathleenM.McGury Hon. GregoryK.McClintock (IL) William O.McCarthy (TX) Hon. MarkR.Luitjen(TX) S.Lewis(PA)Hon. Kathryn Hon. ThomasR.Lett(IN) Hon. FrankM.Lario,Jr. (NJ) Hon. FranklinFultonLanier(NC) Rita M.Laden(NV) Hon. Everett H.Krueger(OH) Hon. DavidM.Krashna(CA) Hon. William J.Knight(LA) Vincent Knight (CO) Hon. D.Webster Keogh(PA) Hon. JohnC.Kennedy(NJ) Hon. Tom J.Keith(AR) Hon. Tod J.Kaufman(WV) Hon. Harold M.Kane(PA) Hon. JanR.Jurden (DE) Susan A.Juetten(NV) Hon. NelsonC.Johnson(NJ) Hon. EmilioJaksetic(VA) Hon. ReneeC.Hughes(PA) Hon. PeggyF. Hora(CA) Hon. NicholasH.Holmes,Jr. (OH) (NC) Hon. CharlesH.Henry Hon. FrankT. Hazel(PA) Hon. ThomasM.Hart(OR) Joe Harrison(IL) Colonel RodgerC.Harris(DC) Hon. KatherineL.Hansen(MI) Hon. FrankR.Gruber(OR) Hon. JaneC.Greenspan (PA) Hon. CharlesR.Greenacre (CO) Hon. Richard A.Gray(PA) Hon. JohnF. Gossart,Jr. (MD) Robert Gorrell, Ph.D.(NV) Hon. RamondJ.Gordon (MO) Rew R.Goodenow, Esq.(NV) Hon. George M.Glasser(OH) Hon. W. MichaelGillette(OR) C.Gilbride(NE) Hon. Mary and Hon. Ernest Dr. Geoff Gallas(PA) Hon. William J.Furber, Jr. (PA) Prof. C.Friesen,Jr. Ernest (CO) Elizabeth A.Francis,Ph.D.(NV) Hon. KatherineFlores (WY) Hon. JaneD.Fishman(FL) Hon. AdamFisher, Jr. (SC) Hon. JamesH.FaisonIII(NC) Hon. PhilipR.Fahringer(AZ) J.Eslinger(ND) Hon. Henry (MI) Hon. andMrs.DennisC.Drury donors continued

Hon. Jeffrey P. Minehart (PA) Hon. Paul W. Tressler (PA) Hon. Christopher B. McNeil (OH) Hon. Sandra L. Mooney (NH) Hon. Deborah L. Ustas (NJ) Ethel Morvay (NV) Hon. Catherine Moore (MN) Hon. Anthony J. Vardaro (PA) Nevada State Bank 37 Hon. James W. Morgan (NC) Hon. Michael J. Voris (OH) Robert D. Parrillo, Esq. (RI) Hon. Shelley Robins New (PA) Hon. Dianne M. Wagner (PA) Hon. Stephen B. Goldstein (MI) Hon. William T. Nicholas (PA) Hon. Steven Wallace (ID) Hon. David M. Schreiber (NV) Hon. Albin W. Norblad (OR) Hon. John L. Ward, II (AS) Dennis R. Suplee, Esq. (PA) Hon. William E. Nugent (NJ) Danita Washington (WA) Hon. Jeanette O’Banner-Owens (MI) Hon. Jack H. Weil (CA) CIRCLE OF JUSTICE Hon. Patrick O’Malley (WA) Hon. Charlene L. Weis (AZ) Mr. and Mrs. Douglas Unger (NV) Hon. George W. Parsons, Jr. (NJ) Prof. Leo H. Whinery (OK) Dee A. Peplowski (NV) Hon. Janis Whitener-Moberg (WA) HONORARIUM GIFTS Hon. Douglas A. Pierce (WA) B. Phyllis Whittiker (NV) In Honor of John J. Vail, Esq. Hon. Dan R. Price II (WY) Hon. Stephen K. Willcox (MO) Kevin F. Brady, Esq. (GA) Hon. William D. Probus (KY) Carolyn Wilson (AZ) Hon. Russell S. Pugh (CO) Hon. Steven A. Wise (IA) In Honor of Hon. Leslie G. Johnson Hon. Dave Raasch (WI) Hon. David Wiseman (MP) Hon. Ellis W. Darby (MI) Prof. Myrna S. Raeder (CA) Hon. Margherita Worthington (PA) In Honor of Charity Clarke Hon. James E. Rafferty (NJ) Hon. Paul Wyler (CA) Hon. Rex J. Ford (FL) Manuel Ramos, Esq. (FL) Hon. Ripley E. Rand (NC) FOUNDATIONS In Honor of Justice Larry Starcher Prof. Henry R. Reeve (CO) M.R. Bauer Foundation Hon. Tod J. Kaufman (WV) Hon. Thomas M. Del Ricci (PA) Gabelli Foundation, Inc. In Honor of Hon. Michael J. Sage (OH) The Goad Foundation Justice Charles W. Barrow Sallie Mae Fund Employee Robert Z. Hawkins Foundation Hon. Robert T. Pfeuffer (TX) Contributions Program Robert R. McCormick In Honor of Hon. Lourdes I. Santiago (NJ) Tribune Foundation NJC President William F. Dressel Hon. M. Teresa Sarmina The North Carolina State Bar Hon. Jeffrey Rosinek (FL) Sian Schilhab (TX) Plan for IOLTA Hon. Michael J. Schingle (CO) The Rhode Island Foundation In Honor of Doris Whinery Hon. William L. Schmaedecke (KY) SBC Foundation Matching Prof. Leo H. Whinery (OK) Hon. David M. Schreiber (NV) Gift Program Hon. William R. Slaughter II (FL) The South Carolina Bar Foundation MEMORIUM GIFTS Hon. Andrea H. Sloan (OR) Star Tribune Foundation In Memory of Hon. and Mrs. The Thomas Foundation Annie Lee Carroll (IL) T.M. Smallwood, Jr. (AL) E.L. Wiegand Foundation Hon. Lawrence W. Carroll James C. Smith (NV) In Memory of Hon. Barbara A. Smith (OK) CORPORATIONS Professor Melvin Goldberg Hon. Steven L. Smith (TX) Boyd Gaming Corporation Hon. Duane R. Harves (MN) Hon. Joseph A. Smyth, Jr. (PA) ExxonMobil Corporation Hon. Gary Snow (OK) Harrah’s Entertainment, Inc. In Memory of Dr. Jay Goodman Hon. Jon R. Spahr (OH) Marathon Oil Company Hon. Peggy F. Hora (CA) Hon. Ronald E. Spivey (NC) McClatchy Newspapers, Inc. In Memory of Judge David Babbitt 6 0 0 2 L L A F / R E M M U S · T N I O P N I E S A C Hon. Jeffrey K. Sprecher (PA) MGM Mirage Hon. Philip T. Kyle (KS) Hon. Ernest H. St. Germaine (WI) Nevada State Bank Hon. Robert L. Steinberg (PA) Reno Gazette-Journal In Memory of Hon. Thomas B. Stewart (AK) Silver State Schools Credit Union Janet Patricia Mencher Hon. Kevin L. Stitham (ME) Stephens Media Group Hon. Bruce S. Mencher (DC) Hon. Waldo F. Stone (WA) Sunbelt Communications Company In Memory of Hon. James Murray Hon. Keith L. Stoney (UT) Verizon Communications Hon. Sheila M. Murphy (IL) Hon. Roger G. Strand (AZ) In Memory of Stancil Spivey NATIONAL ASSOCIATES John E. Stults (MT) Hon. Ronald E. Spivey (NC) Wm. Sullivan & Son of Royal Oak OF JUSTICE Kelly E. Tait (NV) The Allison Law Firm In Memory of Michael Wosje, Sr. Hon. Patricia M. Talbert (NJ) Collins Brothers Corporation B. Phyllis Whittiker (NV) Hon. Susan C. Taylor (NC) William J. Brunson, Esq. (NV) In Memory of Judge Felix Kaul Hon. William K. Teeguarden (IN) Kevin J. Dunne, Esq. (CA) Hon. James J. Richards (IN) Hon. Sherry A. Todd (OK) Mr. and Mrs. Dennis B. Jones (CA) Hon. Lars I. Tollefson (NV) Girardi & Keese Hon. Allan A. Toubman (ME) Patrick E. Maloney, Esq. (IL) McDowell, Knight, Roedder & Sledge NONPROFIT ORG. Summer/fall 2006 U.S. POSTAGE PAID PERMIT NO. 216 RENO, NEVADA CASE Judicial College Building/MS 358 University of Nevada, Reno PointIN Reno, Nevada 89557

SERVING JUSTICE THROUGH JUDICIAL EDUCATION