The Heart of the Matter

Pro Bono and Community Service News Summer 2003

Firm Plays Leading Role in National Death Penalty Debate

From the U.S. Supreme Court to the local habeas corpus.” As a result of the Court’s Mr. Sullivan was widely quoted in the courts to the Bar, Jenner & Block attorneys decision, Mr. Wiggins was granted a new national news media following the release of have been undaunted advocates on behalf sentencing hearing, but Mr. Verrilli has the report. “The message from this report is of those facing the death penalty – a group intimated that he intends to eventually argue clear: repair or repeal. Fix the capital that traditionally has had difficulty obtaining for Mr. Wiggins’ full freedom, as he believes punishment system or abolish it. There is no adequate and qualified legal counsel. his client is innocent. “This is not the end of other principled course,” he argued. On June 26, 2003, the U.S. Supreme this fight as far as I’m concerned,” Mr. Verrilli In addition to his work on the Governor’s Court ruled 7-2 in Wiggins v. Smith that said in an interview with The Washington commission, Mr. Sullivan has invested himself attorneys, especially in capital cases, must Post. in numerous national and local activities in his diligently investigate the background of their fight to reform the nation’s criminal justice clients in order to find possible mitigating system (see page 5). evidence that could sway a jury’s or a Also singled out was Partner Terri L. judge’s sentencing decisions. The Court Mascherin who represented one of the threw out the death sentence of Kevin inmates pardoned by Governor Ryan and Wiggins, a pro bono client of the Firm, has been equally active in the national saying that his initial trial attorneys failed to debate as well as in the Bar. In recognition investigate powerful mitigating evidence – of her continuing work on this important including horrific accounts of an abusive issue, Ms. Mascherin was recently selected childhood – that might have swayed a jury’s by the American Bar Association to Chair decision to sentence him to death in a post- the Board of the ABA Death Penalty

conviction hearing. Kevin Wiggins was THE GOVERNOR OFFICE OF Representation Project. “I can’t imagine a convicted and sentenced in 1989 in group more in need [of representation],” she connection with the murder of an elderly told The National Law Journal. The Project woman in her home. aims to educate the Bar and the public As reported by The New York Times, about the dearth of legal aid available to Partner Donald B. Verrilli, Jr., who argued Mr. those on death row and to recruit qualified Wiggins’ case before the Court, called the attorneys who can assist those on death ruling “a powerful reaffirmation of the right to Mr. Verrilli’s work for Mr. Wiggins was row with their appeals. Ms. Mascherin has counsel and the historic importance of recently profiled in The National Law Journal also been active at the local level, organizing and was one of several key elements in the events such as the reception following a publication’s decision to award Jenner & Block performance of the Broadway play “The Highlights its 2002 Pro Bono Award. The article, entitled, Exonerated” in . “Death Penalty Pros,” singled out the Firm as Liberian Client Wins Asylum 2 taking a “leadership role in addressing the need for counsel in capital cases.” FOIA Victory 3 The National Law Journal article also Report: Military Commission profiled the significant work of Jenner & Safeguards Needed 4 Block Partner Thomas P. Sullivan (pictured above), who served as Co-Chair of Sullivan Wins ABA Award 5 Governor Ryan’s Commission on Capital Prentice Marshall’s Days as a Punishment, and whose report was widely Pro Bono Pioneer 6 considered to be an influencing factor in the Governor’s historic decision to grant Firm Helps Win One for Harry Potter 8 clemency or pardon all of the individuals on For details on “The Exonerated”, see back page. the state’s Death Row. The Heart of the Matter

Parents Regain Custody of Children After Five-Year Legal Battle On March 6, 2003, Jenner & Block Associates Heather L. Kramer and daughters for only an hour each won an important pro bono victory on Blair R. Zanzig, supervised by Partner month. behalf of its client, who successfully Debbie L. Berman, responded to a Over the course of the next year regained full custody of her two request by the Mexican consulate for and a half, Ms. Kramer and Mr. Zanzig daughters after a five-year legal fight. assistance. At the time Jenner & Block advocated on behalf of the Firm’s The client and her husband, both became involved, the State’s petition client in numerous evidentiary hearings Mexican citizens, had lost custody of seeking to permanently terminate the to establish the client’s statutory their children in November 1997, client’s parental rights was pending. A fitness as a parent. Jenner & Block having been accused of physically trial was imminent. also persuaded the court to increase abusing their youngest daughter. The After a short period of discovery, the parents’ visits with their children couple had always maintained their and literally minutes before a hearing incrementally from one hour of innocence, but were hampered in their on a motion to compel the deposition supervised visits per month to five ability to vindicate themselves in part of the State’s lead medical expert, the days of overnight visits per week. because they spoke no English and State, with concurrence from the Finally, ultimate victory was were unable to effectively Guardian Ad Litem’s office, agreed to achieved when the court found the communicate with their former drop the termination petition. Prior to client to be a fit parent, able and attorneys. this development, the client and her willing to care for her children. The Jenner & Block became involved in husband were limited to visiting their parents left the courtroom with full the case in November 2000, when legal custody of their daughters.

Liberian Client Wins Asylum

On February 25, 2003, Jenner & Block won an important pro bono victory on behalf of its client, who was granted asy- lum by Immigration Judge Carlos Cuevas as a result of perse- cution he suffered in Liberia between 1991 and 1999. The Firm’s client was persecuted because of his Krahn ethnicity and his former position as a senior member of the National Democratic Party of Liberia, a party opposed to the current Liberian government. The client was a victim of repeated Coalition for Homeless Honors arrests, interrogation, torture, starvation and imprisonment. He was represented by Associates Sunil R. Harjani and Blair R. Jenner & Block Zanzig, who were supervised by Partner Lawrence S. Schaner. For the pro bono work performed in a widely-report- The road to victory was a long one. Mr. Harjani began ed case against a school district’s “zero tolerance” working on the case in December 2000. After several delays, policy, Jenner & Block as well as Partner Daniel J. the hearing on the client’s asylum application began in June Hurtado and Associate Denise Kirkowski Bowler were honored by the Chicago Coalition for the Homeless in 2001. At that hearing, Mr. Harjani conducted the direct exami- an awards presentation held recently at the Firm. nation of the client’s treating physician, who established that The case, E.S. v. Community Consolidated School the client had suffered from Post-Traumatic Stress Disorder as District 168, marked the first time in the nation that a a result of being tortured and imprisoned in Liberia. Mr. Harjani court noted and embraced the American Bar also completed the direct examination of the Firm’s client, but Association’s position against such blanket school the conclusion of the trial was continued several times. disciplinary policies. On the last day of the trial, Mr. Harjani conducted the Appearing in the accompanying photograph from direct examination of a Northwestern University professor of left to right are Mr. Hurtado, CCH staff attorneys political science, who corroborated the client’s account of Laurene Haybach and Patricia Nix-Hodes, and Ms. events, and opined that the Firm’s client faced a serious risk of Bowler. Also receiving a separate award on behalf of Jenner & Block was Partner Barry Levenstam (not future persecution, and even death, if he were returned to pictured), Co-Chair of the Firm’s Pro Bono Committee. Liberia. The Firm’s award was presented by CCH’s Executive Director John Donahue. 2 Summer 2003

Firm Helps Enforce Government Agency’s Freedom of Information Act Obligations

On February 7, in an unanimous interpreted the FOIA request very Court of Appeals therefore reversed published opinion, the D.C. Circuit narrowly and, as a result, produced the district court’s judgment for the reaffirmed the federal government’s only 14 pages of the requester’s file. government and remanded for further obligation to broadly construe Only during the course of the district proceedings. requests made pursuant to the court proceedings did the requester Although the D.C. Circuit declined Freedom of Information Act (FOIA). learn that the government was in fact to require the government to produce Elaine J. Goldenberg, an Associate in withholding approximately 6,000 all of the documents immediately, it Jenner & Block’s Washington D.C. pages of documents pertinent to the did open the door to that possibility office, was appointed by the Court to requester’s criminal case file. These in future cases, noting that there represent the interests of the FOIA documents were also encompassed could be cases in which the requester, and was assisted by by a more expansive interpretation of government’s interpretation of a Partner Deanne E. Maynard. The the language of his request. When request is “so unreasonable as to case involved a FOIA request by an the requester appealed to the D.C. raise the inference that the agency is incarcerated individual who sought a Circuit, the court appointed Ms. not acting in good faith.” copy of all the documents pertaining Goldenberg to argue on the “This FOIA requester now has an to his criminal case from the requester’s behalf. opportunity to receive the documents Executive Office for United States In its decision, the court largely to which he is entitled under his Attorneys. agreed with Ms. Goldenberg’s request, which is good news. In “It’s fairly common for an arguments and concluded that the addition, the Circuit’s strong statement incarcerated person to ask to see his government’s narrow interpretation of that the government is obliged to give or her criminal case file — in this case, the request was “simply implausible” requests a broad interpretation will the government was extremely and, given the Circuit’s requirement help future FOIA requesters receive unforthcoming,” commented Ms. that FOIA requests must be liberally information in a timely manner,” Goldenberg. The government construed, was “also wrong.” The concluded Ms. Goldenberg.

Partners Receive MCCA Rainbowmaker Award

Partners David W. DeBruin and Mr. DeBruin and Ms. Maynard were Deanne E. Maynard received the selected to receive this award for their Minority Corporate Counsel leadership in preparing the amicus Association’s Rainbowmaker Award at brief filed with the U.S. Supreme the MCCA’s Annual Midwestern Court in the University of Michigan Region Diversity Dinner on April 30, admission cases on behalf of the 65 2003. corporations that support the view The Rainbowmaker Award was that diversity in higher education is a created by the MCCA to honor compelling state interest. exceptional lawyers whose advocacy On June 26, 2003 the U.S. in support of a more diverse legal Supreme Court upheld the University profession has made the recipient a of Michigan’s Law School admissions very special “rainmaker” — one who policy, relying in part on the Firm’s Pictured are Mr. DeBruin (left) and Ms. has created rainbows of opportunity brief on behalf of the corporations. Maynard (center) accepting the award for future generations of lawyers. Justice O’Connor wrote in the Court’s from MCCA’s Executive Director Veta The award is reserved only for the majority opinion, “...American Richardson (right). most exceptional of contributions. In businesses have made clear that the fact, the only recipient to date has skills needed in today’s increasingly been Mr. Thomas Gottschalk, the global marketplace can only be General Counsel of General Motors, developed through exposure to widely in 2001. diverse people, cultures, ideas, and viewpoints.”

3 The Heart of the Matter

Firm Authors Report Suggesting Additional Military Commission Safeguards In light of the capture of several The report also addresses the Denise Kirkowski Bowler, Zubair A. thousand “enemy combatants” in the accused’s right to legal representa- Khan, Oliver J. Larson and John T. U.S. war on terrorism, the Board of tion. Although the Department of Ruskusky also made significant Regents of the American College of Defense procedures permit the contributions to the report. Trial Lawyers (ACTL) recently accused the right of legal representa- The full report is available approved a report that analyzes the tion, they do not protect the confiden- on Jenner & Block’s website, use of military commissions for the tiality of communications between the www.jenner.com. trial of accused terrorists. The mili- accused and his lawyer. “The gov- tary commissions, labeled by Legal ernment’s reservation of the right to Times as “essentially…a new system monitor or record conversations of wartime justice,” is a relatively novel between the accused and his lawyer legal institution, built on countless will hamper the candid communica- new rules of trial procedures and evi- tion that is essential to effective legal dence developed by the Department representation,” remarked Patricia A. of Defense since 2001. Bronte, another Jenner & Block The report provides the legal and Partner who worked on the report. historical background for the commis- To bring the Commissions more Photo by Susan Biddle. Reprinted with permission. sions, summarizes the procedures for in line with traditional U.S. legal customs, the report High Court Strikes Down Sodomy Law in “Candid communication... recommends that the Landmark Civil Rights Post. The Washington commissions protect Decision is essential to effective the confidentiality of

On June 26, 2003, the U.S. Photo © 2003, communications Supreme Court struck down a Texas legal representation.” between the accused sodomy law that criminalized only same- and his or her lawyer, sex conduct, but not identical conduct the military commissions and offers and that such communications should by different-sex couples. The Justices recommendations on areas that the be neither discoverable by the prose- voted 6-3 that the law was an unconsti- tutional violation of privacy as well as a ACTL thinks are in need of review to cution nor admissible at trial. violation of due process guarantees. In ensure that the accused are offered a One strength of the Commission’s March, Partner Paul M. Smith made a reasonably fair trial in accordance procedures, noted the Jenner & Block widely-acclaimed argument before the with U.S. legal tradition. partners, is that the rules allow for a U.S. Supreme Court on behalf of two male petitioners who challenged the For example, the Department of review of all commission decisions — constitutionality of the law. Defense procedures for the trial of convictions, acquittals and sentencing Justice Anthony Kennedy, who terrorists permit the prosecution to determinations — by a three-member wrote the majority opinion, concluded withhold exculpatory information from review panel. The ACTL report, they that homosexuals have “the full right the defense on national security added, includes a series of recommen- to engage in private conduct without government intervention.” grounds, without considering poten- dations designed to ensure that this The Chicago Tribune summed up tial harm to the defense. “The proce- review is meaningful. the importance of Lawrence v. Texas dures do provide that no information For example, the current proce- by estimating that “the Court’s decision withheld from the defense can be dures do not require the commissions could be among the most significant civil rights rulings in years.” considered by the commission in to issue written findings of fact or Mr. Smith commended the decision determining guilt, but the prosecution conclusions of law, yet the review saying, “It’s a great day for all Americans may withhold evidence of innocence panel is limited to a review of “materi- because the Court has recognized that from the defense,” commented al errors of law.” The ACTL report all Americans are shielded from govern- Richard T. Franch, a Partner who was recommends that the Department of ment intrusion into the bedroom and their choices of sexual partners.” on the Jenner & Block team that Defense require commissions to The Firm in Lawrence v. Texas developed the report. issue written findings of fact and con- worked on a pro bono basis with the On this issue, the ACTL report clusions of law, and that the scope of Lambda Legal Defense and Education recommends that the commission review be expanded to include mixed Fund. The legal team in this matter also included Jenner & Block Partner William balance the prejudice to the defense questions of law and fact and all sen- M. Hohengarten and Associates David from withholding exculpatory evi- tencing decisions (which would ordi- C. Belt, Daniel Mach and Sharon M. dence against the national security narily be considered factual issues). McGowan. Ruth Harlow, Legal Director interests involved, which is an The report was authored by Mr. at Lambda Legal, is pictured above approach that is consistent with the Franch, a member of the College’s with Mr. Hohengarten (left) and Mr. Smith following the decision in federal Classified Information International Committee, and Ms. Lawrence v. Texas. Procedures Act. Bronte. Associates Allan V. Abinoja, 4 Summer 2003

Sullivan Receives ABA’s John Minor Wisdom Award

Partner Thomas P. Sullivan was participant in efforts to reform the internationally acclaimed report was selected by the American Bar death penalty system, including the undoubtedly a factor in Governor Association to receive this year’s John landmark litigation that led to the U.S. Ryan’s extraordinary decision to Minor Wisdom Award for his Supreme Court’s decision prohibiting pardon or grant clemency to all of significant contributions to public trial judges and prosecutors from those in Illinois’ Death Row. This service and the community. Mr. peremptorily excluding potential jurors public service was also instrumental in Sullivan received the award on April the Firm’s obtaining The National Law 10, 2003 at the ABA’s Section Journal’s 2002 Pro Bono of Litigation Annual Conference Award. in Houston, Texas. Other pro bono efforts The John Minor Wisdom cited by the ABA include, Award, named for the “challenges to the practices renowned Fifth Circuit Judge of the House Un-American and civil rights pioneer, honors Activities Committee, bringing lawyers who demonstrate voting rights litigation on personal and professional behalf of African Americans, commitment to providing free and combating race legal services to the poor, the discrimination, including disenfranchised, and other housing discrimination and underrepresented groups. racial profiling, reforming of As the ABA’s press release Thomas P. Sullivan (right) receives the John Minor Wisdom governmental agencies, announcing this award stated, Award from Steven Schulman, Co-Chair of the ABA’s addressing overcrowding at Mr. Sullivan’s service in the pro Pro Bono and Public Practice Litigation Committee. the Cook County jail, and bono defense of the indigent is fighting corruption in the City remarkable, from “the so-called because they were personally of Chicago government.” McCarthy Delegates, who were opposed to the death penalty.” Concluded Scott Atlas, Chair of prosecuted for refusing to disperse More recently, the ABA stated, the ABA Section of Litigation: Mr. during the 1968 Chicago Democratic “Tom served as Co-Chair of former Sullivan is “one of America’s most Convention, to the ‘Chicago Seven’ Governor Ryan’s Commission on esteemed legal practitioners.” trial. He has also been a major Capital Punishment,” whose

Sullivan a Leading National Advocate for Reforming Criminal Justice System Partner Thomas P. Sullivan has invested himself in numerous activities in his fight to reform the nation’s criminal justice system. During the last year, for instance, he published articles in influential legal publications and national newspapers, including in The Chicago Tribune and The National Law Journal. Those articles urged the adoption of the recommendations of the Governor’s Commission on Capital Punishment, including those which apply to non-capital felony cases. In addition, Mr. Sullivan: • Spoke about the Governor’s Commission’s • Was a featured speaker on “Crazy Brains, Insane recommendations around the nation and the world, Murderers” panel at Chicago Humanities Festival; including at an international conference in Brussels, • Acted as amicus curiae in support of a petition for writ Belgium; at the American Judicature Society; American of certiorari to the United States Supreme Court in the Bar Association; University of California-Santa Barbara; Delma Banks capital case from Texas. The stay and Council of Europe; University of Illinois/ACLU; American certiorari were granted just hours before Mr. Banks was Academy of Psychiatry and the Law; National scheduled to be executed; Association of Criminal Defense Lawyers; National Judicial College; Skokie, Illinois’ Am Shalom Temple; and • Spoke at Annual Corporate Counsel Institute meetings at the University of Chicago, John Marshall and on legal and ethical obligations of in-house counsel in Northwestern Law Schools; Chicago and San Francisco; • Appeared on television and radio programs regarding • Judged the final round of national criminal trial the Governor’s Commission’s recommendations; competition sponsored by the National Association of Criminal Defense Lawyers; and • Participated in Amnesty International’s video, “Too Flawed To Fix;” • Served as a member of the Board of Directors, Constitutional Rights Foundation. 5 The Heart of the Matter

Tradition of Public Service Prentice Marshall’s Days as a Pro Bono Pioneer

The Hon. Prentice Marshall is a seemed to follow Mr. Marshall former partner at Jenner & Block, law throughout his early years as a lawyer. professor, and federal district court After he graduated from the judge who was instrumental in shaping University of Illinois Law School in what has come to be known as the 1951, Mr. Marshall clerked for Judge Firm’s “legendary” pro bono program. Walter C. Lindley of the 7th U.S. In February 2003, Mr. Marshall shared Circuit Court of Appeals in Chicago. with The Heart of the Matter new Judge Lindley, he said, was noted for insights into the driving force behind appointing lawyers to help out in his love of the law and remarkable pro se cases. Two years later, Mr. commitment to pro bono service. Marshall went to work for Johnston, Thompson, Raymond and Mayer, the Prentice Marshall said his passion firm that would later become Jenner & for the law really began in 1937 at the Block. Name partner Floyd Thompson the Illinois Supreme Court. “The Illinois age of 11. His family lived in Oak Park, was already a prominent criminal statute for murder in those days said Illinois, and it happened that the local defense lawyer, said Mr. Marshall, “and no less than 14 years but no more than high school football team was in the he believed that anybody accused is life in prison. Roland astutely midst of a 37 game winning streak. The entitled to representation — so, I challenged the validity of the 199 year team was invited to play in ’s figured that I had found a place where I sentence on the grounds that it was Orange Bowl on Christmas night that was going to enjoy myself.” more than life, and therefore was an year against Miami High School, The day after Mr. Marshall started invalid sentence,” Mr. Marshall another grid iron powerhouse at the working for the Firm, he was appointed recounted. time, and Oak Park accepted. to his first pro bono case. “After my However, when the Chief Justice of But, when Miami learned that Oak clerkship for Judge Lindley, I was so the Illinois Supreme Court appointed Park’s quarterback was an African- intrigued by the cases that I witnessed Mr. Marshall to argue Monroe’s case, American by the name of Lew Pope, before the Judge that I went to all of he took a different tack. they demanded that he not play in the the judges — there were only six of “Griffin v. Illinois had been decided Orange Bowl. As it turned out, recalled them then — and said that I would in 1956, which held that if the Mr. Marshall, Mr. Pope did participate accept assignments. Of course, I transcript of the trial was essential for a in the radio broadcast of the game. wasn’t expecting my first case so soon!” complete appellate review, then the “Picture if you can, some fellow in the Altogether, from 1953 to 1973, required the Orange Bowl’s press box telephoning when he was nominated for the federal state to provide a transcript to an the play-by-play action to Mr. Pope, bench in Chicago, Mr. Marshall had at indigent defendant. I decided that we who would relay what was going on to least 25 trials and about 20 appeals. weren’t going to argue the validity of a the folks in Oak Park from the high When he won, he won fairly and 199 year sentence, because upon school auditorium stage.” squarely. “While I loved the contest, I reviewing a transcript of his trial, I It was one of the “truly lasting never believed in winning at any found serious trial errors. Based on impressions of my life,” said Mr. Marshall. cost…I lived by the facts, stated in the those arguments, the Supreme Court “As an 11-year old sports buff, I just light most favorable to my client.” granted Monroe a new trial.” couldn’t figure out why they wouldn’t let According to Mr. Marshall, his most Roland Monroe was subsequently the young man play the game.” memorable pro bono case involved a retried in 1959, and was found not Following this incident, Prentice youth named Roland Monroe who had guilty by reason of insanity. Years Marshall’s father suggested that his been prosecuted and convicted in afterward, the exonerated client son read Clarence Darrow’s 1936 of murdering an elderly woman regularly visited his courtroom autobiography, The Story of My Life. on his newspaper route. “Roland was champion in his downtown office on “That’s when I decided to become a fifteen and a schizophrenic,” Mr. Saturday mornings. lawyer. One of the things that Marshall said. “The only thing that Prentice Marshall, now retired, has impressed me most about Darrow was saved his life was his age — he was too been living in Florida for several years. his obvious love of the competition, the young for the death penalty to be “Just like Darrow, I still think what contest. Darrow, you see, was involved imposed.” As Mr. Marshall recalled, engaged me — perhaps engages all in some very highly-contested trials, and Roland Monroe had been sentenced to trial lawyers — is the contest. Nobody he thrived on it. I did, too. I loved it.” prison for 199 years. wins them all, but if you enjoy the As it turned out, the challenges of In 1955, Mr. Monroe filed from contest, then you’ll make a good trial criminal law and pro bono service prison a petition for writ of error with lawyer.”

6 Summer 2003

Secrets to Success: Fishing, Baseball and Poker By Former U.S. District Court Judge Prentice H. Marshall I have been asked to describe the On June 29, 1953, I became an Cotsirilos, John Powers Crowley and “secrets” in my career. There are no associate with Johnston, Thompson, Max Wildman. secrets. Raymond and Mayer (now Jenner & In 1967 I was asked to become a All I have needed to know about trial Block) and the next day I was appointed law professor at the University of Illinois. lawyering and judging I learned from counsel in a criminal case. From then It was an opportunity to reunite with my fishing, baseball and poker. until I became judge in 1973, I always family. I accepted and John Cribbet, Fishing taught me the importance of had at least one court appointed crimi- then the Dean, again became my location, bait, patience, to recognize a nal case pending. In those 20 years, I mentor. bite or strike, set the hook and guide the represented 40 defendants in the The years of teaching, during which fish into the net. Criminal Court of Cook County, the my faculty colleagues and my students Baseball taught me that you win Circuit Court of Champaign County, the were my mentors, were wonderful, but, some, lose some and some get rained U. S. District Courts in Chicago, Peoria, in January 1973 lightening struck. out but you gotta suit up for them all. and Madison, Wisc., the Supreme Court Senator Charles Percy, a Republican, Poker taught me when to hold ‘em of the United States, the Seventh recommended me, a Democrat, to and when to fold ‘em and that the win- Circuit Court of Appeals, the Illinois President Nixon for appointment as ners yawn and say, “Let’s go home,” Supreme Court and the Illinois United States District Judge in Chicago. while the losers shout, “Deal the cards.” Appellate Courts’ First, Second and Here, the mentors abounded: Judges They all taught me the ecstasy of vic- Fourth Districts. Phil Tone, Hu Will, Bill Bauer and John tory, the agony of defeat. At the firm, my mentors were Floyd Crowley; lawyers, Ed Foote, Gene Of course, there have been scores E. Thompson (an unrelenting advocate), Pincham, Martha Mills, and Ruthanne of mentors and colleagues. Bert Jenner (whose versatility was DeWolfe, my secretaries and clerks and The first was Clarence Darrow unmatched), Phil Tone (the finest lawyer court reporter and all of my law clerks, whose biography, The Story of each of whom was an excellent stu- My Life, I read at my father’s dent who had just graduated from suggestion when I was 11 “If life were a poker game — a top-flight law school and each of years old. I resolved to I’d hold ‘em and whom I personally interviewed become a lawyer, if I couldn’t (Judge Lindley — “Do it yourself, be a major league shortstop. play ‘em again.” Prentice”). Three of my law clerks Next is my wife, Lorelei, who went directly to Justice Stevens as married me in 1948, three weeks before I have ever known), Tom Sullivan (my law clerks and a fourth to Justice I started law school. She put us companion, friend and stern critic) and Brennan. Each has gone on to a suc- through law school and has encouraged John Tucker (of extraordinary creative- cessful, productive, honorable career me through all the vicissitudes of trial ness). throughout the country including lawyering, teaching and judging. And While with the Johnston firm, I was Matthew Kennelly, now a United States our four children, Hank, Pam, Fred and constantly engaged in trials and District Judge. Connie joined her. appeals. The court-appointed criminal Of course as a District Judge, I tried In law school at the University of cases, murder, rape, aggravated assault everything — there is no specialization. Illinois, I met Professor John E. Cribbet, and drugs and retained matters involv- But civil rights (employment and hous- the most dynamic teacher I have ever ing patents, anti-trust, trade secrets, ing), prisoner’s rights (medical care, liv- had who introduced me to the “big pic- zoning, labor disputes, libel, securities ing conditions and association), very ture” and stimulated my love of law fraud, mail fraud, income tax evasion, complex anti-trust cases (civil and crimi- which has never waned. While in law corporate control, domestic relations, nal) and official corruption/extortion school, I watched trials at the personal injury (plaintiff and defendant) were new to me. Champaign County Courthouse. — anything and everything in the state One other item from Judge Lindley - I My next mentor was Judge Walter C. and federal courts throughout the coun- never appointed a lawyer in a civil or Lindley of the Seventh Circuit Court of try. I tried the cases alone or with one criminal case unless I knew the lawyer Appeals for whom I law clerked in other lawyer. There were no five-lawyer and his or her ability, diligence and 1951-53. He taught me — “Do it your- cases in those days. integrity. self, Prentice” and that “the most avid During those years in the practice, So there it is. I have worked with advocate in the courtroom is the judge there were many non-firm mentors. To great lawyers and judges who rein- who has made up his mind.” While name a few: Judges Walter V. Schaefer, forced what I learned from fishing, base- clerking for Judge Lindley, I watched Abraham Lincoln Marovitz, Richard ball and poker. and listened to as many oral arguments Austin, Alex Napoli, Wilbert Crowley, Bill If life were a poker game — I’d hold as time permitted and following those Bauer and Birch Morgan and adver- ‘em and play ‘em again. that really impressed me, I would talk to saries and colleagues at the Bar, the lawyers. Virtually all of them told me Solicitor General Reprinted with The Chicago Bar Association’s permission from the Oct. 2001 CBA Record the same thing. If you want to be a (greatest litigation strategist of my courtroom advocate, try and appeal as years), George Leighton, George many cases as you can. 7 ProTitle Bono and Community Service News Summer 2003

Court Orders Harry Potter Books Back On Shelves

A U.S. District Court ordered an books should be available to students frequently challenged books in America. Arkansas school district on March 22, only with parental permission. However, this courtroom challenge is 2003 to return Harry Potter books back A host of national groups representing believed to be the first time a pro-Rowling to the school library shelves rejecting a booksellers, librarians, publishers, authors parent sued to enforce their children’s claim by the school’s board that the and teachers urged the court in an First Amendment right to free speech and amicus brief to order the board to have unfettered access to a Harry to return J.K. Rowling’s Harry Potter book. Jenner & Block Potter books to the In June, the district’s board had Pro Bono Committee bookshelves. Jenner & Block ordered the books removed from its David W. DeBruin, Co-Chair Partner Theresa A. Chmara and schools’ library shelves following a Barry Levenstam, Co-Chair Associates Daniel Mach and complaint by a parent objecting to their Martina E. Vandenberg filed the alleged support of “witches” and “magic.” Patricia A. Bronte Shelley Malinowski amicus brief on behalf of the All the Harry Potter books were removed Jennifer A. Burke Brian H. Meldrum American Booksellers from the libraries’ open shelves and were Julie M. Carpenter Gail H. Morse Foundation for Free Expression, made available to students only with Donald S. Horvath Monica R. Pinciak the Freedom to Read written parental permission. Daniel J. Hurtado Lisa T. Scruggs Foundation, and prominent The dispute was embodied in a lawsuit Zubair A. Khan Jeffrey T. Shaw children’s author Judy Blume, that had been filed last summer by two Tobias L. Knapp Charles B. Sklarsky among others. parents against the Cedarville, Arkansas, Oliver J. Larson Tanya J. Stanish Rowling’s Harry Potter books School District. Daniel Mach James A. Trilling have been among the most

Jenner & Block Sponsors Reception To Benefit Anti-Death Penalty Coalition

Jenner & Block hosted a special reception this winter following a local performance of the Broadway play “The Exonerated” to benefit the Illinois Coalition Against The Death Penalty. Attending the February 13 performance and reception were several former Illinois death row inmates including Gary Gauger, whose story is depicted in the play. Actor Brian Dennehy, who portrays Mr. Gauger, also attended the reception. Terri L. Mascherin, a Partner in the Firm’s Chicago office, led Pictured from left to right are: Jane Bohman, Executive Director Jenner & Block’s sponsorship efforts for this event. of the Illinois Coalition Against the Death Penalty; Gary Gauger; Brian Dennehy; and Terri L. Mascherin.

The Heart of the Matter is produced by Jenner & Block. For additional information or copies, please contact [email protected].

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©2003 Jenner & Block, LLC. Jenner & Block is an Illinois Limited Liability Company. Although no longer a partnership, we use the term “partners” to refer to the attorneys who directly or indirectly hold membership interests in the LLC. This publication is not intended to provide legal advice but to provide information on legal matters and Firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. Under professional rules, this publication may be considered advertising material; the attorney responsible for this publication is Barry Levenstam. Cover image from the Collection of the Supreme Court of the United States. 8