Winter 2018 Federal Bar Association - Eastern District of Michigan Chapter - 60 Years of Service to Our Federal Bench and Bar
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www.fbamich.org FBAnewsletterWinter 2018 Federal Bar Association - Eastern District of Michigan Chapter - 60 years of service to our Federal Bench and Bar Chris Ilitch to Keynote McCree Award Luncheon President’s Column The Chapter’s annual Wade Hampton McCree, Jeffrey Appel Jr. Luncheon will be held on Tuesday, February 27, at the Westin Book Cadillac. The reception will begin at 11:30 a.m. and the luncheon at noon. 2018 promises to be The Wade Hampton McCree, Jr. Award for the an exciting and busy year for the Chapter. The hard Advancement of Social Justice will be presented at work of our Officers and the luncheon. The Award honors individuals or orga- Committees will again pay nizations that have made significant contributions to off for our members. Chief the advancement of social justice, including in areas Judge Denise Page Hood and the federal judiciary involving poverty, promoting economic or educational continue to offer extraordinary support through their opportunity, or fighting discrimination involving race, collaboration with the Chapter. Our Officers continue gender, ethnicity, national origin, religion, or econom- to focus on innovative programming and initiatives that ic status. More information about Judge McCree’s reflect the increasingly valuable benefits of Chapter career and contributions to the legal profession can membership. be found at: https://fbamich.org/about-fba/awards/ On March 23, our Chapter is co-sponsoring a Chris Ilitch, President and CEO of Ilitch Holdings, seminar with Professor Alexander Reinart of Cardozo Inc. will be the keynote speaker. Ilitch Holdings is a Law School and Judge Judith E. Levy speaking on the “Art of Pleading.” Professor Reinart represented the professional services company that supports certain plaintiff in Ashcroft v. Iqbal from the trial level through businesses that were founded or purchased by his par- the U.S. Supreme Court, and this seminar promises to ents, Mike and Marian Ilitch, including Little Ceasars be an outstanding one. Pizza, the Detroit Red Wings, Olympia Entertainment, Some initiatives that we are involved with include and the Detroit Tigers, among others. These businesses providing assistance to the Federal Court Pro Se employ 23,000 people and in 2016 had a combined Clinic, which recently began operation and is run by revenue of $3.4 billion. the University of Detroit Mercy School of Law. Our Master Lawyers Section is designing programs for law (continued on page 2) students and newer attorneys to provide insight into practical aspects of legal practice and the variety of INSIDE THIS ISSUE practice areas available. Our Diversity Committee, among other projects, Dave Weaver pg. 2 is assisting the Retooling Detroit Literacy Project, How Are Federal Judges Appointed? pg. 3-4 where attorneys tutor at-risk first graders in the Detroit Special Public Schools. For those unable to participate in our Annual Holiday Party pg. 4 programming in person, our Chapter’s website is filled Complex Commercial Litigation pg. 5 with more valuable resources and information for our Book Club pg. 5-6 members than ever. While we continue to sponsor traditional seminars Rakow/Rom Awards Luncheon Historical Society Annual Meeting pg. 6-7 in the various practice areas, we are exploring new Luncheon Sponsors pg. 7 technology to bring even more WINNER 42nd Annual New Lawyers Seminar pg. 9-10 information that is valuable to 15 YEARS our members via our website National FBA Law Clerk Happy Hour pg 10 Outstanding and other modalities. We Newsletter Calendar of Events pg. 11 (continued on page 2) Award 1 President’s Column (continued) For those affiliated with organizations that are spon- sors of the 2017-18 Luncheon Series, tickets likely are have several “Fed Talks” (our version of the available through your organization. For others, the popular TED talks) covering various topics luncheon is $45 for members, $60 for non-members, on the practice of law available to view, and and $35 for law clerks. Tickets are available on-line at several more currently in production. We are www.fbamich.org. also exploring innovative networking initiatives that will allow participating members to list themselves and their specialty areas on our website so other members can contact them for practical advice. Dave Weaver, This year, to allow us to provide even more valuable programs and resources for our Clerk of Court/ members, we implemented an increase in Court Administrator chapter dues. This change ensures the fiscal integrity of our Chapter. We are absolutely committed to further enhancing the value of In June 2017, the Court approved Chapter membership. a one year pilot program to establish Due to stellar work by our Officers, Executive Director, and Committee chairs and members, a Pro Se Legal Assistance Clinic, in we are having another successful and productive partnership with the University of year. Please consult our calendar on the website Detroit Mercy School of Law. Since for a complete list of upcoming programs. then, detailed planning and preparation has taken place and the Clinic’s official opening occurred on Wednesday, January 17, 2018. The Pro Se Legal Assistance Clinic will provide legal advice to low-income citizens who are representing McCree (from page 1) themselves. Detroit Mercy Law’s Anne Yantus, Director of the law school’s clinical program, is quoted as saying, “There is a need for this type of work, and a pro se clinic will bring Ilitch has held numerous roles throughout the value to litigants, the Court, and our students.” Ilitch companies during his more than 30 year The project was the idea of Judge Victoria A. Roberts, career, including governor and president and which was embraced by Chief Judge Denise Page Hood, CEO of the Detroit Red Wings, as well as the who, in a recent press release stated that since becoming president and CEO of the Detroit Tigers. Ilitch Chief Judge, she has been looking for ways to increase access also serves as chairman of Ilitch Charities, a to the federal court for low income residents. In addition to nonprofit organization that promotes charitable the Pro Se Legal Assistance Clinic, the Clerk’s Office has purposes aimed at developing communities and created a new position, Pro Se Case Administrator. Jeremy enhancing lives. Tyrrell holds that position, reports to Court Operations Currently, Ilitch is leading an ambitious de- Manager Kevin Williams, and will work with pro se filers velopment effort: The District Detroit, a sports through the Clerk’s Office and in cooperation with the Pro and entertainment district comprised of eight Se Legal Assistance Clinic. world-class theatres, five neighborhoods, four The Clinic will operate from Office 463 in the Levin professional sports teams and three multi-use Courthouse under the direction of attorney Kevin Carlson, sports facilities, including the new Little Caesars an adjunct law professor at the University of Detroit Mercy. Arena. He will supervise eight students to assist pro se litigants. The Ilitch earned a bachelor’s degree in business clinic will operate on Mondays, Wednesdays, and Fridays administration from the University of Michigan. from 1:00 p.m. to 5:00 p.m. More information about Ilitch can be found Remember, if you have any comments, questions at: http://www.ilitchholdings.com/leadership- team/christopherilitch.aspx or suggestions, do not hesitate to contact me at: david_ Needless to say, the Chapter is honored to [email protected]. have Ilitch as the keynote speaker of this year’s McCree Luncheon. 2 the nominee’s background and qualifications. The How Are Federal nominee completes a comprehensive detailed committee Judges Appointed? questionnaire. Documents from other agencies may be reviewed. During this phase, the Judiciary Committee, By Susan E. Fairchild* through its “blue slip” procedure, obtains input from the home state Senators regarding their approval of the As of January 19, 2018, there are 120 vacancies in nominee. The “blue slip” is a one page form, on blue the U.S. District Courts. The total number of authorized Senate letterhead, written by a state Senator from where judgeships is 677. Almost 18% of the seats are vacant. the judicial nominee resides, expressing the senator’s There are 36 nominees pending. support or disapproval of the nominee. The process So how are federal judges appointed? Although some originated 100 years ago, and has remained a tradition of variables exist and it can vary, the process is based on senatorial courtesy. The form is sent to the state senators the United States Constitution and follows additional by the Senate Judiciary Committee. The state senators steps established by tradition. have the option of returning the blue slip in support or opposition to the nominee, delaying returning it, or 1. If one or more of a state’s Senators are of the forever choosing to not return the form. Failure to return same political party as the President, then home state a blue slip has, over the last 20 years, blocked a hearing Senators forward names of potential nominees to the on the nominee, essentially killing the nomination. This President for consideration. The Constitution specifies pre-hearing phase can extend over a period of months. no special qualifications for nominees, however, federal law requires that nominees be residents of the particular 4. If a nominee makes it through the Senate district or circuit at the time of their appointment and that Judiciary Committee evaluation, a confirmation hearing they continue residency during their judicial service. If is scheduled. The hearing is placed on the Executive a state’s Senators are from an opposing party, according Calendar. During this hearing, nominees are subjected to custom, names of potential nominees come from to a question and answer session with members of the various sources, and the President will consult the state’s Senate Judiciary Committee.