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Carol Hewitt in the U.S. District Court by TOM BALMER

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Carol Hewitt in the U.S. District Court by TOM BALMER on CH THE U.S. DISTRICT COURT OF OREGON HISTORICAL SOCIETY NEWSLETTER Setting the Standard Carol Hewitt in the U.S. District Court By TOM BALMER arol Hewitt (1945-1993) was one of a hand- capsule history of the changes in law and society C ful of women who literally changed the face over the last thirty years. This is Part 1 of a two- of the Oregon legal community during the 1970s part article. and 1980s. Hewitt was the first woman in two de- cades to serve as a judicial law clerk with the U.S. Hewitt's 1969-70 clerkship with Judge Solomon District Court for the District of Oregon, the first had a lasting influence on her career as a lawyer. Oregon woman invited to join the American Col- But it almost didn't happen. Judge Solomon had lege of Trial Lawyers, the first woman to be a name been active in breaking down barriers that excluded partner in a large Portland firm. She played the same Jews and other minorities from full participation in pioneering role in private practice that Justice Betty Oregon's civic life, but he had never before hired a Roberts and Judge Helen Frye, respectively, played woman law clerk. In an oral history interview, fol- in the state appellate and federal courts. Invariably lowing a discussion of his earlier efforts to open up gracious in accepting public accolades and awards Portland law firms to Jewish lawyers, Judge for her "firsts," Hewitt privately downplayed be- Solomon described his decision to hire Hewitt: ing first as a reason for recognition. Her goal was ". 'f "'[AJn Oregon Supreme Court Justice called not be the first, but to be the best. And, often, she me and asked if I had an opening for a law was. From cutting-edge sex discrimination cases to clerk. When I told him that I did, he recom- the male-dominated world of high-stakes securi- mended a young lady who was graduating from ties and product liability litigation, Hewitt built a Willamette Law School. She was third [actu- national reputation as a creative, effective trial law- Continued on page 2 yer. With her untimely death at 47, the Oregon bar lost one of its most successful advocates. Born in Minnesota, Hewitt and her family moved to Salem when she was in elementary school, and she graduated from North Salem High School. She attended St. Olaf College in Minnesota but returned to Salem to graduate from Willamette. She moved on to Willamette Law School, where she served as an editor of the law review, interned with Justice Ted Goodwin of the Oregon Supreme Court, and- at the age of 23-graduated second in her class. After Hewitt's graduation in 1969, she was hired for a one-year clerkship with U.S. District Judge Gus Solomon, one of the most prestigious district court clerks hips in the country. The Solomon clerk- ship put Hewitt at the heart of federal court litiga- tion in Oregon, where for nearly the next quarter century she played a central, indeed defining, role. This article surveys Hewitt's work before the U.S. District Court for the District of Oregon, with brief detours into related topics. The many and varied cases she handled were significant not only for the During the 19705 and early 19805, attorney Carol Hewitt parties, but for the development of the law in a made her mark working on behalf of women who had suffered number of areas. They also provide a fascinating discrimination based on their gender. SPRINC 2000 CAROL HEWITT CONTINUED ally, second] in her class. I had never hired a woman law clerk before, and I asked where she With the arrival of the year 2000, this organization's purpose is went to college. He mentioned a clearer than ever-to preserve the history of the United States college that I had never heard of District Court for Oregon. Years hence, people who view our pho- before. I told him to have her tographs and read or listen to our oral histories may find the way come in and see me. Before she we did things odd. I can just imagine their conversat!ons: "Can came, I struggled with myself you believe it? Judges wore those black r~bes. WI.tnesses~c- silly about her background and edu- tually had to come to the courthouse to testify. Until the mid- cation. Finally, I said to myself, 1970s there were hardly any women Iawyers. How strange. f" 'If you don't want to hire a Jew, Many of us, straddling both centuries, feel an aw~some se~se of one excuse is as good as another, history at this juncture. What better time than now to get involved l.n the and if you don't want to hire a efforts of this historical society, to ensure that those who follow us WIllget woman, one excuse is as good as an accurate and colorful picture of the remarkable people and places of another.' As a result of these dis- the District of Oregon in the twentieth century. cussions with myself she had the Along those lines, by now you should have received your me.mbershlp job before she came in. mailing for this year. The next step-what can yo~ do to get. involved? Hewitt and Solomon hit it off, and Here is a quick list of contact people for you to get in touch WIth: she was hired. During her year with the famously opinionated judge, she 'i ORAL HISTORY PROJECT-Sarah Ryan, Chair, (503) 228-2525, Ext. watched some of the best litigators in 500. Receive free training for conducting an oral history. Conduct an the state and came to know key play- oral history for a lawyer (over age 60) who has had a federal court ers in the legal establishment. She practice. worked with the judge on a wide va- riety of criminal and civil matters, in- 'i NEWSLETTER-David Bledsoe, Chair, (503) 727-2033. Write an ar- cluding constitutional, fraud, ticle or conduct an interview for the newsletter on a subject of your choice contract, antitrust, labor, and insur- pertaining to a case or a judge or lawyer who handled interesting federal ance cases. Hewitt also absorbed at cases. (By the way, many thanks to Tom Balmer for the excellent article least some of Judge Solomon's well- about Carol Hewitt in this issue. She was a real mentor and role model to known views and habits-his distaste many lawyers, including me.) If an article isn't your cup of tea, you could for extended and marginally relevant prepare a puzzle, quiz, or book review. examination of witnesses; his clear, even pithy, writing style; and his 'i SPECIAL PROJECTS: FAMOUS FEDERAL CASES SERIES-Clarence strong support for civil liberties. And Belnavis, Chair, (503) 294-9648. Come to the first of our on March -r= the Solomon clerkship brought her 30 at 4:00 p.m. at the United States Courthouse. Hear the Judges and into the family of prior clerks, who lawyers who handled the cases surround.ing the commune at included prominent members and ris- Rajneeshpuram talk about their first-hand expe~/ences. If you baue a .rec- ing stars of the Oregon bar like Cliff ommendation for another program, we are hoping to bring back to ltfe a Alterman, Jonathan Ater, and Jerry series of famous cases from the last century. We'd love your help! Weigler and national figures like law professor and legal ethics expert .~ EVENTS-Nick Fish, Chair, (503) 222-3531. Call Nick if you have Stephen Gillers, future Federal Trade time to help out in this area-volunteers are always welcome. As always, Commission chair Mike Pertschuk, we will have a number of fun social occasions this year. So, even If y?u and attorney Jerry Kohlberg, who, can't get substantively involved, we hope you can get away from the office with his partners in Kohlberg, for our spring social on May 18 (details to follow) and, of course, our Kravitz and Roberts, Inc., virtually incomparable Panner Ranch picnic in September. remade the investment banking world in the 1980s. Thanks for your support of the U.S. District Court of Oregon Historical During Hewitt's one-year clerkship, Society! she looked for a job with a Portland law firm to begin when her clerkship ended in the fall of 1970. Although she was interviewed by some firms, her initial efforts produced no job offers despite her strong academic record, highly regarded clerkship, and engaging personality. Judge Solomon recalled how he intervened to help Hewitt get a job: 2 .., About three months after call Lindsay, Solomon reportedly was Barbara Hutchison was a part-time [Hewitt] arrived, I went to the li- less than subtle in letting Lindsay social studies teacher employed by the brary where she and my other know that his firm would find it par- Lake Oswego School District in 1973 clerk were working. The male ticularly difficult to win in his court- when she took three weeks off to have clerk told me that he had been room if Hewitt were not hired. a baby. Although Hutchison had ac- hired by myoid law office-Kell Lindsay, always a quick study, took crued three weeks of sick leave, the & Alterman. I then asked this the hint. school district did not consider her lady clerk where she was going, The Lindsay Nahstoll firm was a absence for normal childbirth to be and she told me that she didn't good match for Hewitt.
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