CAPITOL ASSETS Spring/Summer 2013
J USTICE KENNEDY HEADLINES LUNCHEON Inside This Issue:
President’s Message 3
Stephen Ayers 4
Suzan Murray 5
Spotlight on SCOTUS 6
Legislative Drafting 7 Conference Ethics Seminar 8
Upcoming Events 10
Justice Anthony Kennedy (Photo by Richard Litsey)
On May 29, the Capitol Hill Chapter held its annual Supreme Court luncheon in the West Conference Room of the Court, at which Justice Anthony Kennedy spoke. The luncheon was the 38th Supreme Court luncheon hosted by the Chap- ter.
Justice Kennedy was nominated by President Reagan as an Associate Justice in 1987 and was unanimously confirmed by the U.S. Senate in 1988. Prior to his nomination, Kennedy worked in private practice in California as a Professor of Constitutional Law at the McGeorge School of Law and as a judge on the United States Court of Appeals for the Ninth Circuit.
Justice Kennedy began his remarks by recalling his long association with the Fed- eral Bar Association. He recalled an FBA celebration of the Constitution at which he was scheduled to speak in 1987, shortly after reports began to circulate that he was being considered as a Supreme Court nominee. The Justice noted that he decided to have some fun with the media who were in attendance to report on the potential Supreme Court nominee. He asked the speaker introducing him to
Capitol Assets Page 2 announce that Judge Kennedy had unfortunately been called away at the last minute, but that another ex- pert on the Constitution would be taking his place. At that point, Kennedy entered dressed in a white wig and colonial costume and intro- duced himself as James Madison. Without breaking character, he then proceeded to deliver an “insider account” of the drafting of the Con- stitution.
The West Conference Room is decorated with portraits of past chief justices of the Court, and Kennedy spent some time discuss- ing his connections with several former chiefs. For example, he noted that growing up in California, he served as a page in the state Sen- ate, where he met Earl Warren Above: Attendees at the Supreme Court luncheon when he was the Governor of Cali- Below: Elizabeth Pugh and Justice Kennedy fornia. He was also friends with Warren’s children and described (Photos by Richard Litsey) Warren as a role model.
Kennedy also spoke highly of for- mer Chief Justice William Rehnquist. He praised Rehnquist’s precision, organization, and sharp mind. He also mentioned that con- trary to the depiction of Rehnquist in the press as cold, he was one of the most genuine and warm persons that Kennedy knew.
Chapter President Elizabeth Pugh thanked Justice Kennedy for his remarks and presented him with a porcelain box illustrated with one of the frescos from the Senate chamber. The fresco created by Constantino Brumidi represents the virtue of liberty, which Pugh noted is a value strongly defended in many of Kennedy’s opinions.
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Thank you so much for being a mem- government. I am delighted that we ber of the Capitol Hill Chapter. Our have members not only from the legis- chapter is unique in its membership lative and judicial branches, but from P RESIDENT’ S and focus among the Federal Bar As- the Department of Justice, the Small sociation’s chapters. For one, our Business Administration, the Depart- M ESSAGE chapter has more of a focus on legis- ment of Homeland Security, and the lative lawyering than most chapters. Department of Transportation. Many of our members work in the House or Senate or one of the legisla- Among our agency lawyer members, tive branch agencies, such as the Li- we have a special connection to the In- brary of Congress where I work. Our spector General community. Our for- monthly luncheons often feature lead- mer chapter president Tony Ogden is ers of these agencies, such as the the Deputy Inspector General for the Comptroller General, the Architect of Federal Reserve System and Epin the Capitol, or the Congressional Re- Christensen, who is on our leadership search Service Director. The chapter council, is the Counsel to the Inspector tries to focus its events on topics that General for the Smithsonian Institution. appeal to our legislative lawyers, such These members helped us arrange our Elizabeth Pugh as our international conference on leg- annual meeting a few years ago with Chapter President islative drafting and law reform that is the distinguished Glenn Fine who was profiled on page 7. the longtime Inspector General at the Department of Justice. Our chapter also has strong represen- tation by members of the judicial These aspects make the Capitol Hill branch. Our leadership council in- Chapter one of the more distinctive cludes representatives of the Supreme chapters within the FBA, not to men- Court, including the Clerk and Deputy tion the fact that we are a relatively Clerk, as well as representatives of the small chapter– with just under 180 national judicial offices. In fact, these members at last count. Despite its members help us plan our annual Su- small size, our chapter is very active preme Court luncheon, which many with monthly luncheons and other spe- have described as the chapter’s pre- cial events such as our tours of the mier annual event. Capitol buildings, the Supreme Court luncheon, and our annual ethics pro- Because of our chapter’s location in gram (focused to our government attor- Washington, we also have a much ney membership). Thank you so much greater representation from govern- for being a part of our unique and vi- ment lawyers across all branches of brant chapter!
Capitol Assets Page 4
A RCHITECT OF THE CAPITOL SPEAKS TO CHAPTER
The Capitol Visitor Center also Stephen Ayers, the eleventh Archi- during his inaugural address is helps to manage the number of peo- tect of the Capitol, spoke at a Chap- later converted into 100 gavels, ple in the Capitol at any given time ter luncheon on April 3, 2013. He which the Architect gets to for- for safety reasons. Ayers discussed was appointed Architect by Presi- mally present to the President, how his office worked with Disney dent Obama in February 2010 and and the President gets to distrib- to learn best practices for efficient was confirmed by the Senate in ute as mementos of the occa- “people moving.” May 2010. sion.
Chapter President Elizabeth Pugh Ayers began his presentation by One of the most monumental thanked Mr. Ayers for his fascinat- discussing the varied responsibili- projects that the Architect un- ing presentation and noted that their ties of the Architect, such as the dertook in the last few years professional relationship goes back Capitol buildings infrastructure, was the construction of the many years, from when Ayers visitor services, the Capitol’s statu- Capitol Visitor Center. At served as Superintendent of the Li- ary collection, the Capitol Power nearly 580,000 square feet, the brary Buildings and Grounds start- Plant, membership on the Capitol Visitor Center is the largest pro- ing in 2002. Police Board, the Botanic Gardens, ject in the Capitol's history and and the room selection and moving is approximately three-quarters process for House and Senate of- the size of the Capitol fices. itself. Since its opening in 2008, millions of peo- ple have visited the Cen- Another important role for the Ar- ter. Ayers spoke about chitect is overseeing the inaugural designing the Center as a ceremony every four years. Build- pathway to the Capitol, ing the inaugural platform must ac- and not as a destination tually commence the prior Septem- unto itself, much like the ber, even before a new President is famous Pyramid at the elected. The construction requires Louvre. For this reason, seven tractor trailers of wood, and views of the Capitol are the event requires transporting prominent throughout the 30,000 chairs, 500 portable toilets, Center courtesy of its and four miles of fencing. Mr. magnificent skylights. Stephen Ayers & Elizabeth Pugh Ayers revealed that the walnut plat- (Photo by Richard Litsey) form that the President stands upon
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C HAPTER LUNCHES WITH CHIEF VETERINARIAN
On May 17, 2013, the Capitol Hill Chapter welcomed Murray also discussed her international work, such as Suzan Murray, Chief Veterinarian for the National anti-poaching efforts and international knowledge Zoo, to its monthly luncheon. Murray came to the sharing. Her work in other countries often requires a National Zoo in 2001 and is responsible for oversee- great deal of legal and diplomatic work by the Smith- ing the health care of the Zoo's entire animal collec- sonian staff ahead of the travel. Her work also in- tion. She spoke about the unique challenges of caring cludes infectious agent research, and Murray proudly for the Zoo’s large number of species, many of which noted that West Nile Virus was first diagnosed by a are endangered. For example, one of her initiatives zoo veterinarian. has been to teach animals to pose for a blood draw- ing, ultrasounds, and other medical procedures, which Chapter President Elizabeth Pugh thanked Murray for has vastly decreased the need to anesthetize animals. her engaging discussion, and Murray invited the at- Many animals will gladly hold out their hands to tendees to the open house at the Zoo’s Conservation draw blood if they are given a treat. and Research Center (CRC) in Front Royal, Virginia. Normally closed to the public, the Center holds an If anesthesia is necessary, Murray described the vari- open house one weekend each autumn to allow the ous ways that the Zoo uses to subdue animals. public to tour the facility and learn about its mission. Snakes are coaxed into a tube, while amphibians, which are difficult to anesthetize, are placed in a no- vocaine bath. For larger animals, anesthetic darts shot by carbon dioxide or a blowdart are used. These are much safer for the animals than the gunpowder- shot darts that were used in the recent past.
Another animal safety issue Murray discussed was the fact that orangutans can pull out their sutures, so her staff has to use decoy sutures or paint the pri- mates’ fingernails and toenails to distract them.
In addition to protecting the safety of the animals, Murray also has to concern herself with the safety of the Zoo’s staff. She cited the risks posed by the anes- thesia drug for large animals, which is a hundred times more powerful than morphine. One drop of the drug on a human handler’s hangnail could lead to the heart stopping in 60 to 90 seconds. Suzan Murray and Elizabeth Pugh
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S POTLIGHT ON C HAPTER AGENCIES
The Constitution vests the judicial power of the United States in “one Alexander Hamilton declined to uty Clerk (who are members of Supreme court.” However, the replace him, preferring his private the Chapter’s leadership council) Constitution says little else about law practice. However, the Court oversee filings with the Court and the Court, and slight discussion at grew in esteem under the fourth maintain its records. The Librar- the Constitutional Convention was Chief Justice John Marshall who ian maintains the Court’s collec- given to the Court. The Judiciary established the principle of judicial tion of over 600,000 print vol- Act of 1789 first authorized the review. umes, 200,000 microforms, and Supreme Court and set its mem- its electronic resources. The Mar- shal’s roles are to call the Court to bership at six Justices. Congress Today, the Court is held in high re- order and maintain decorum in expanded the Court to seven Jus- gard and arguing a case before the the courtroom. The Reporter of tices in 1807, nine in 1837, and ten Court is considered the pinnacle of Decisions is charged with editing in 1863. The Court’s membership a lawyer’s career. Many scholars and publishing the Court's opin- later decreased to seven, but was have persuasively argued that the ions, while the Court Counsel set at nine by the Circuit Judges Court’s decisions affect the lives of serves as in-house counsel for the Act of 1869, where it has remained Americans to a greater extent than Court. The Curator's Office was since. those of Presidents and Members of created by Chief Justice Warren Congress. E. Burger in 1973 to record and The Court’s location has also var- preserve the Court's history. The ied through the years. The Court The Court has a number of officials Director of Information Technol- originally met in the Merchants that assist the Justices in the per- ogy assists the Court with the Exchange Building in New York formance of their duties. They in- ever-increasing electronic nature City, but moved to Philadelphia’s clude the Counselor to the Chief of the law, and the Public Infor- Independence Hall along with the Justice, who assists the Chief Jus- mation Officer provides informa- capital. When the capital again tice in various tasks related to his tion about the Court to the press moved to Washington, Congress role as head of the judicial branch, and public. lent the Court space in the new as well as his administrative re- Capitol Building. Finally in 1929, sponsibilities. The Clerk and Dep- Chief Justice William Howard Taft persuaded Congress to authorize the construction of a permanent home for the Court. Architect Cass Gilbert was tasked with designing the Court’s permanent home.
Appointment as a Supreme Court Justice was not always seen as a great honor. John Rutledge stepped down as a Justice to be- come a state judge. The first Chief Justice John Jay resigned to run for Governor of New York, while
Capitol Assets Page 7
C HAPTER CO -HOSTS INTERNATIONAL LEGISLATIVE D RAFTING CONFERENCE
On March 9 and 10, the Capitol the author of the leading text- The conference attracted participants Hill Chapter co-hosted with sev- book on the topic. Roll Call from around the world. Six continents eral other FBA sections the first columnist (and former House were represented by the over 80 speak- International Conference on Leg- Rules Committee staffer) Don- ers and attendees. American attendees islative Drafting and Law Reform ald Wolfensberger and former included lawyers from the House and at the Carnegie Endowment for House Parliamentarian Charles Senate Legislative Counsel, the Califor- International Peace. The two-day Johnson led a plenary session nia legislative counsel, and the Tennes- event which was largely planned on the House Rules Committee see state legislature. The attendees also by Chapter members Warren as an Historical Marker for a included a delegation of judges from Burke, Geoff Cheshire, Matt Changing Legislative Process. the Middle East, including several from McGhie, and Amy Bowser, Libya. The speakers also had an inter- brought together legislative and The Legislative Counsel for national flavor with a supreme court legal professionals from around both the House and the Senate justice from Egypt, a Palestinian law the world. spoke on a panel comparing the professor, and a councilman from Mel- legislative drafting process in bourne, Australia. The conference had several fasci- the United States versus the nating panels and speeches, in- European Union. The Capitol Hill Chapter greatly appre- cluding keynote addresses from ciates the assistance and contributions former Congressman Mickey Ed- Another panel featured Equal made by the Criminal Law Section, the wards of Oklahoma and Judge Employment Opportunity Com- Environment, Energy, and Natural Re- Marvin J. Garbis of the federal missioner and Georgetown Law sources Section, and the International District Court of Maryland. Professor Chai Feldblum and Law Section of the FBA, as well as Other speakers included Yale Boston University Law Profes- those of the International Judicial Law Professor William Eskridge sor Sean Kealy and focused on Academy and the International Journal who spoke on statutory interpreta- teaching the skills of legislative of Legislative Drafting and Law Re- tion and legislative drafting and is lawyering. form.
The Chapter is already planning a similar event for 2014 and hopes to make the conference an annual event. More information about the conference, as well as about next year’s events can be found at http://www.ilegis.org/.
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CHAPTER HOLDS ANNUAL ETHICS SEMINAR
On June 20, 2013, the Capitol Hill and entertaining programs. who became aware of the Chapter held its annual ethics agency’s harassment of certain seminar at the Government Ac- groups opposed to the current This year’s seminar focused on countability Office (GAO). This administration. Marshall and the some very relevant topics that have event has become a favorite for attendees explored whether the graced the headlines in recent chapter members because it allows attorney had an ethical duty to months. For example, one of the them to earn continuing legal edu- report the conduct. They also case studies involved an attorney cation credits with a course that is discussed a hypothetical in for a federal agency who was de- specifically designed to the ethical which agency officials testify fending the agency from complaints issues that face government attor- before Congress and deny such from a number of employees who neys. This year’s seminar was at- harassment is taking place. Mar- were furloughed due to sequestra- tended by nearly 80 attorneys, who shall surveyed the debate over tion. An ethical dilemma arose be- represent various legislative whether a congressional commit- cause the attorney was pursuing her branch agencies, as well as the tee is considered a “tribunal” for own furlough-related complaint Postal Service, the Department of purposes of the rules of profes- against the agency. Marshall dis- Homeland Security, the Nuclear cussed how the rules regarding con- sional conduct. Marshall then Regulatory Commission, NASA, flict of interest apply to this issue. switched the discussion to a fic- and the National Archives. The District of Columbia Bar ad- tional White House Counsel who dressed a similar situation in a re- learns of an Inspector General investigation of the harassing Jack Marshall of ProEthics, Ltd., cent ethics opinion. conduct and asked the attendees returned for his third year of host- whether the attorney is under an ing the seminar. Marshall is an Another case study focused on an ethical obligation to inform the expert in both the law and ethics attorney for a tax collection agency President about the allegations or and is well-known for his engaging the investigation.
Chapter President Elizabeth Pugh thanked Marshall for his enjoyable presentation and for inspiring hearty discussion and active participation by the atten- dees. She also thanked GAO for again providing space for the event and Amy Bowser, Hannah Laufe, and Jeff McDermott for arranging all the details of an- other successful seminar.
At left: Jack Marshall of ProEthics leading the 2013 ethics seminar.
Capitol Assets Page 9
Above: Members of the Capitol Hill Chapter pose with Supreme Court Clerk William Suter at an April event at the Court sponsored by the D.C. Chapter. Below: President Elect Amy Bowser and General Suter
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UPCOMING EVENTS
On August 7, Marcia Coyle will speak at our monthly luncheon. As the Chief Washington Correspondent for The National Law Journal, she has covered the Supreme Court for 25 years. She is also a regular contributor of Supreme Court analysis to PBS’ The NewsHour. Her new book, The Roberts Court: The Struggle for the Constitution, is an insider look at four Supreme Court cases involving health care, campaign finance, guns, and race in schools.
Welcome to New Members!
The Chapter welcomes our newest members:
Ashley Alley Justin Meyers Elliot Chabot Stephen Schaeffer David Mao Dean Shahinian
OFFICERS AND COUNCIL MEMBERS
Officers: Senate BRYNN ROVITO At-Large ELIZABETH PUGH [email protected] REGINA BRZOZOWSKI [email protected] President RICHARD LITSEY [email protected] [email protected] EPIN CHRISTENSEN Library of Congress
AMY R. BOWSER Government Accountability Office MARY LEVERING President-Elect CRAIG H. WINSLOW [email protected] [email protected] [email protected]
Government Accountability Office HANNAH LAUFE Law Student Representative
[email protected] SARAH CLOUSE
[email protected] JEFF MCDERMOTT
Treasurer Library of Congress [email protected] MEG WILLIAMS Non-Voting Former Presidents Government Accountability Office [email protected] J. ANTHONY OGDEN (2010-11)
EMMET DEVINE LIZANNE KELLEY [email protected] TERRY J. HALSTEAD (2009-10) Secretary [email protected] [email protected]
Congressional Research Service Supreme Court PAUL VAMVAS (2008-09)
WILLIAM K. SUTER [email protected] [email protected]
MATTHEW McGHIE CYNTHIA RAPP ADAM BRAMWELL (2007-08) Immediate Past President [email protected] [email protected] [email protected] SUSAN SAWTELLE (2006-07)
Government Printing Office [email protected]
DREW SPALDING WARREN BURKE (2005-06) [email protected] [email protected] Council Members:
KERRY MILLER House of Representatives [email protected] DAN STRODEL [email protected]
National Judicial Offices ELLEN SUTHERLAND IRBY KRISTY CARROLL [email protected] [email protected]
GEOFF CHESHIRE
On February 26, 2012, the Capitol Hill Chapter hosted Allison Leotta at its monthly luncheon at the Library of Congress. Ms. Leotta was an Assistant U.S. Attorney for twelve years who prosecuted sex crimes and domes- tic violence. In 2010, Ms. Leotta published her first novel, Law of Attraction, which she wrote based on her legal experiences. Last year, she authored another legal thriller, Discretion, and both books have been quite successful.
Ms. Leotta said that she always wanted to be a prosecutor because her father was one. In fact, her father, Alan Harnisch, was the national president of the FBA from 1994 to 1995. Ms. Leotta began her career in the mis- demeanor and domestic violence unit in the U.S. Attorney’s Office for the District of Columbia. She de- scribed seeing many women who did not want their abusers prosecuted and she constantly feared that the next time the abuser struck, the woman might be killed. These fears often kept her up at night, but they also in- spired her first novel, which tells the story of a battered woman who recants her testimony in court, only to later be found dead in a garbage dump.
Ms. Leotta described the process of writing the novel. She took a week off of work and rented a cabin, intend- ing to write the book. However, it actually took one year to finish writing it and another year of rewrites be- fore the novel was finally completed. She was quite fortunate that the first publisher to whom she sent the draft, Simon & Schuster, agreed to publish it. The publisher actually was so pleased by its success that they planned it as the first in a series of novels. At that point, Ms. Leotta was able to leave her prosecutor job and become a full time author.
Her second novel which has the same central character as the first begins when a young woman plummets to her death from the balcony of the U.S. Capitol. That novel was loosely based on the prosecution of the so- called D.C. Madam.
When asked how becoming an author has changed her life, Ms. Leotta replied that it has changed the way she looks at the world. She describes story-telling as an innate human need and said that she is always looking for a story in the events she reads about or experiences.
Ms. Leotta also discussed her blog: The Prime-Time Crime Review, in which she reality-checks TV crime shows for what they get right and wrong from a legal perspective. The American Bar Association has named her blog as one of the best legal blogs.
Chapter President Elizabeth Pugh thanked Ms. Leotta for sharing the fascinating story of her writing career. The author also was gracious in signing several of her books for the luncheon attendees.