The U.S. District Court of Oregon Historical Society Newsletter

“The friend and mentor I needed.” U.S. Magistrate Judge Mustafa T. Kasubhai By Gabriela Sanchez Former Lane County Circuit Judge Kasubhai first, learn to invest, and read Rich Dad, Poor was appointed U.S. Magistrate Judge for the Dad, which sat on the corner of his desk. We’re District of Oregon in September 2018. Oregon both children of immigrants. I think Mustafa Benchmarks is grateful to Ms. Sanchez for writ- recognized that immigrant parents do not always ing about her work and friendship with Judge have these conversations with their children. I realized that Mustafa was going to be more than Kasubhai. an employer and mentor. He would be my friend. fter 15 years Mustafa was the David to the Goliaths of the Ain practice and world. He was a tireless advocate for his clients: three firms, the creative, quick-witted, intelligent, and a skilled framed Ansel Adams writer. He took on difficult cases for people of photos that Mustafa little means and gave them strong voices. His T. Kasubhai gave sense of fairness and equality made him a for- me still hang in my midable opponent. No matter the odds, Mus- office at Lane Powell tafa would passionately advocate for his client. PC. They remind me I’ve always admired that about him and I try how Mustafa helped to emulate it. Continue on page 2 shape me as a lawyer U.S. Magistrate Judge during my formative Mustafa T. Kasubhai years. His lessons have served me well. I walked into the law offices of Mustafa T. Kasu- bhai looking for a job as a summer clerk in 2001. Back then, those Ansel Adams photos decorated the small lobby of the three-room office where Mustafa worked as a Workers’ Compensation and plaintiff’s attorney. There were three of us: me, Mustafa, and his assistant, Helen. I was his first law clerk. When I started, he did not have an office ready for me. He cleaned out a room he was using for storage and had a large desk delivered. I still use that desk in my home office. Mustafa taught me several lessons during that 2018 LSA recipient Barnes H. Ellis (right) summer and through my second and third years and his wife Molly greet friends at USDCHS of law school. One of the earliest was how to be Annual meeting. Read more on pages 3 and 5. Photo by Owen Schmidt fiscally responsible. He said I needed to pay myself

www.usdchs.org Fall 2018/Winter 2019 1 President’s Message Judge Mustafa Continued from page 1 As another year draws to a close, so does my tenure as presi- Some of my most memorable cases dent of the USDCHS. It has been my true honor to represent were from those days. For example, this organization, our Board of Directors, and all of you, our Mustafa once represented a florist treasured membership. And I am happy to report that another who broke her tooth when she ate successful year is on the books—you’ll see evidence of that a piece of candy provided by her throughout this issue. employer. In another case, a car Most recently, at the Society’s Annual Meeting and Dinner salesman jumped on a bicycle some- on November 1, we recognized the many accomplishments of one else had brought in, popped a our Lifetime Service Award winner, Mr. Barnes H. Ellis. As wheelie, and eventually popped we thanked Barnes for his incredible record of service, we more than a wheelie. In both cases, were treated to a video from his pal Doris Kearns Goodwin—yes, I met Workers’ Compensation refused to her, thank you very much—and a very entertaining panel discussion cover the employees’ claims as com- featuring Judges Robert E. Jones, Susan P. Graber, and Edward Leavy, ing within the scope of employment. moderated by our truly charming LSA recipient. Thank you to all who As you can imagine, Mustafa took participated in that memorable event. some ribbing from his colleagues for I also want to take a moment to look ahead to what is in store in the taking these cases. I don’t remember coming year. I will hand off this position to our incoming president, Julie if he won, but he gave both of them Engbloom. As a board member, Julie distinguished herself by planning everything he had. This taught me and executing five flawless iterations of the annual dinner with deft and not to back down from a fight and gracious leadership. I’m sure her time as president will be no different. I to persevere for justice for every cli- know she’ll have the backing of the Society’s loyal board members, myself ent no matter the result. included. As I mentioned in my annual dinner remarks, our Board of Outside of work, Mustafa was an Directors is populated by professionally distinguished folks who gener- avid cat lover and woodworker. He ously volunteer their time and expertise in the service of our mission, kindly adopted a couple of cats that and we’re lucky to have each of them. somehow mysteriously appeared at The Society also looks forward to its 2019 events, including a con- his home after I house sat for him. tinuation of our Famous Cases program (the most dignified CLE credit I’m not sure he’s forgiven me for you can get), a ceremony to unveil judicial portraits (be sure to renew that. I also do not understand why your membership to find out who!) and, of course, playing cornhole at he never seems to age. our Annual Picnic (hard but fun to imagine in the dark days of winter). When Mustafa asked me to write And through it all we’ll continue our important work of preserving and him a letter in support of his appoint- celebrating the history and happenings of the great District of Oregon. ment to the Lane County Circuit Kathryn Roberts Court, I did not hesitate. I still can- not think of a better jurist. His sense of fairness and his ability to analyze Judge Owen Panner: complicated law, then apply it to the facts to create a fair and pragmatic Remembering a Founding Friend ruling are his greatest qualities. Now he USDCHS is saddened to hear of the death of a I am even more excited and proud to Tlongtime and true friend, Judge Owen M. Panner see that he has been appointed as a in Medford, Oregon on December 19, 2018. For more U.S. Magistrate Judge. The federal information about Judge Panner, please take a look at bench is better for it. his oral history transcript on our website. I have often said that Mustafa was In 1983, Judge Panner took part in the first organizational meeting for the the brother I never wanted. He’s U.S. District Court of Oregon Historical Society at the home of Judge James better. He is the friend and mentor Burns. He succeeded Judge Burns as chair of the Society and the Society was I needed. I am truly grateful for his fortunate to enjoy his time, intelligence, and good humor over the decades. friendship. We are so grateful for his care, friendship, and service. A celebration of his life will take place in Medford on June 1, 2019.

2 U.S. District Court of Oregon Historical Society Oral History Update By Joseph Carlisle 2018 proved to be a busy and produc- Oregon’s first U.S. Magistrate George have a wealth of knowledge. We also tive year for the Oral History Com- Juba, former Chief Probation Officer completed the transcripts for the oral mittee. We weathered the departure David Looney, and U.S. Bankruptcy histories of U.S. Magistrate Judge of long-time friend and oral historian Judge Elizabeth Perris. The oral his- Janice M. Stewart and Multnomah Janice Dilg, engaged two up-and-com- tory transcripts are available on the County Judge Kimberly C. Frankel, ing oral historians, and began conduct- USDCHS website. and deposited those at the Oregon ing three new oral histories. True to form, Jan did not leave us Historical Society. Many of you are likely familiar with without oral history coverage. She intro- Finally, when the oral histories of Jan Dilg, our oral history coordinator duced us to oral historians Makaela Judges Alley, Coffin and Dunn are and our primary oral historian. Last Kroin and Greta Smith. We engaged complete, we will embark on taking the fall, Jan decided that it was time to both of them in the spring and they have oral histories of Judge Anna J. Brown expand her horizons and to pursue a been working diligently on the oral his- and Magistrate Judge Paul J. Papak variety of other projects. Unfortunately tories of U.S. Bankruptcy Judge Frank so their perspectives and insights will she determined she would be unable to R. Alley, U.S. Magistrate Judge Thomas be preserved for all to share. It has continue her work for us and pursue M. Coffin and U.S. Bankruptcy Judge been a pleasure to serve the Society other opportunities. We thank her for Randall L. Dunn. It has been fun to this year and the Oral History Com- all she has done for the District Court receive reports from Kroin and Smith, mittee looks forward to an equally Historical Society. Just a few of the respectively, reflecting what we already productive 2019. oral histories she conducted include know – Judges Alley, Coffin and Dunn

2018 Annual Meeting & Dinner The USDCHS enjoyed a bustling annual meeting on Nov. 1, 2018. Below, honoree Barnes H. Ellis got the chance to question Judges Robert E. Jones, Susan Graber, and Ed Leavy about changes they’ve experienced in their time on the federal bench. At right, top to bottom: Bill Barton catches up with Lifetime Member Paul Fortino; Judges Peter McKittrick and Stacie Beckerman take a shift at the name tag table; State Court Administrator Nancy Cozine looks on while Barnes H. Ellis receives good wishes. Photos by Owen Schmidt.

www.usdchs.org Fall 2018/Winter 2019 3 Oregon Attorney General Moderates Famous Cases Panel By Douglas Pahl The most recent USDCHS Famous Attorney General Rosenblum, a Cases presentation took place on founder of the Famous Cases pro- June 28, 2018, graciously hosted by gram, moderated a June 2018 panel Perkins Coie LLP. comprised of Prof. Allison Gash, a professor of political science at the n 1908, the U.S. Supreme Court per- University of Oregon; Prof. David Imitted legislation for the protection Horowitz, a professor of history at of women in the workplace. An impres- Portland State University; and the Hon. sive panel, moderated by Oregon Jack Landau, Oregon Supreme Court Attorney General Ellen Rosenblum, (retired). Professor Gash described the took on the Famous Case of Muller legal precursors and context that led v. Oregon, 208 U.S. 412 (1908), in to the Muller decision and provided which the High Court upheld Oregon’s an overview of the case and its legacy. 1903 statute establishing a maximum Professor Horowitz put the case in the 10-hour workday for women working Attorney General Ellen Rosenblum context of national and global political in industrial laundries. and a Perkins Coie summer associ- environment, including the populist Although limiting working hours ate chat after the presentation. movement in the decades leading up for women was motivated by a desire to the decision. Finally, Justice Lan- to protect women, advocates for gen- lamette Law Review (45 W.L.Rev. dau discussed the Brandeis Brief and der equity have regarded the statute 359 (2009). Muller is also a Famous the hazards of using social science in and the Muller decision with disdain, Case for generating the first so-called judicial decision making, as well as as it has often been used as precedent “Brandeis Brief.” The State of Oregon other effects of the Muller decision. to justify practices that undermined hired Louis Brandeis to defend the Attorney General Rosenblum then advancement of women, a viewpoint Oregon statute. In doing so, he pre- engaged the panel in a lively discussion eloquently set forth by Justice Ruth sented a pioneering legal brief that of the complex legacy of the Muller Bader Ginsburg in her 2009 article relied more on scientific information decision, taking numerous questions on the case that appeared in the Wil- than legal authority. from the audience.

USDCHS 2018 Annual Picnic The Annual Picnic at the Leavy family hop farm honored the contributions of the Bankruptcy Bench and Bar of Oregon, below. Right, Paul Dickson and Mike Van Hoomissen enjoyed a great picnic. Houston Bolles and Ron Silver sang the national anthem. Photos by Owen Schmidt.

4 U.S. District Court of Oregon Historical Society Lifetime Service Award 2018 Barnes H. Ellis: “The Role of a Lawyer Is to Be a Good Citizen” By Adair Law The U.S. District Court of Oregon some 600 other students in Paris Historical Society is pleased to honor for a gathering before boarding ship Barnes H. Ellis with its Lifetime Ser- back to the U.S. Barnes was strolling vice Award. This article is based on the Champs Élysée with his Oregon research, interviews, and conversa- friend Bill Farrens when Bill spied a tions with Barnes and his colleagues. girl from Oregon City. Molly Cleland An expanded version is available at was buying a bottle of Je Reviens in a https://usdchs.org small perfume shop. Bill introduced them, and Barnes was instantly smit- arnes H. Ellis was born in 1940, ten. Later in the day, he and Molly Bthe third among the four chil- shared a taxi ride back to the Lysée dren of Raymond W. and Eleanor Michelet where the AFS students Gwin Ellis. Ray (1908-80) was born were staying. Barnes used his “lim- in Charles City, Iowa, the youngest ited Exeter French” to instruct the Five-year-old Barnes caught a rare, son of a banker and tractor manufac- spoon-billed catfish in Mississippi. driver. He recalls, “My new friend turer father and a homemaker mother. did not make a point of the fact that Eleanor Gwin (1912-79) was born in force arm its planes with torpedoes she spoke the language fluently.” It Greenwood, Mississippi, the youngest and armor-piercing bombs that helped was the start of a connection that daughter of her lawyer father and her cause the Japanese to reverse course. extended over the voyage home and homemaker (later real estate devel- For their actions Ray was awarded ultimately for a lifetime. oper) mother. Ray and Eleanor met the Bronze Star, and Admiral Stump Barnes returned to Exeter and in 1930 when he was included in a was awarded the Navy Cross. went from being an okay student to group of Yale classmates her brother an honor student. In 1957 he entered Sam brought for a visit to his Mis- Education Yale. He continued as a lacrosse sissippi home. Eleanor was a 1933 The family moved to Marblehead, goalie, and in his senior year was team graduate of Northwestern University Massachusetts, where Barnes started captain, MVP, All-New England, in Illinois with a BS in psychology. his education in the public schools. and honorable mention All-Amer- After Yale, Ray attended Harvard There was lots of memorization and ican. Looking back on his lacrosse Law School, and practiced corporate to this day he can recite the 26 help- days, Barnes sees the sport as good law in Boston with the firm of Cho- ing verbs and several verses of “Paul life training. Nervous at the start of ate, Hall and Stewart. Revere’s Ride” by Longfellow. Barnes most games, he learned how to con- The family lived in Weston, Mas- has described himself as “education- trol his anxiety. Goaltending required sachusetts in the early 1940s. Ray ally privileged.” In 1953 he began four his complete attention to what was commuted home on weekends from years at Phillips Exeter Academy in happening around and beyond him, Navy officer training. He served in the New Hampshire. He became a goalie since a goalie’s mistake is immediate Pacific as an air combat intelligence on the lacrosse team and was named and painful to the entire team. Prepa- officer on the staff of Adm. Felix captain, MVP and All-New England ration and concentration were vital. Stump. He played a significant role in first team his senior year. He enjoyed Barnes continued his interest in the October 25, 1944 Battle off Samar singing and was a second bass in a singing and is a member of the Class Island. This was part of the epic Battle variety of groups. of 1961 Whiffenpoofs (the country’s of Leyte Gulf, a near-disaster for the In 1956, he applied to the American oldest collegiate a capella group). U.S. Navy when a communications Field Service summer abroad program His friend, Bart Giamatti (future confusion left the San Bernardino and was assigned to Norway. On the president of Yale and commissioner Straits unguarded, allowing the Japa- ship’s voyage across the Atlantic, he of Major League Baseball) took him nese Center Force under Adm. Takeo befriended two boys from Oregon, to the Italian section of New Haven Kurita to pass through undetected. also headed to Norway. In August, and introduced him to an unfamiliar Ray recommended his small carrier the Norwegian group joined with Continue on page 6

www.usdchs.org Fall 2018/Winter 2019 5 Barnes H. Ellis continued from page 5

liked what he saw of the region and he continued to court Molly Cleland, who he was able to see several times during the summer. Barnes graduated magna cum laude and Phi Beta Kappa from Yale in 1961. He worked that summer in Washington, D.C. at Food for Peace, headed by a recently-defeated South Dakota member of Congress named George McGovern (the future U.S. Senator and 1972 Democratic nomi- nee for president). Barnes had space Ray and Gwin Ellis at a Yale Molly Cleland and Barnes Ellis in the Executive Office Building adja- lacrosse game with Barnes. marry in Oregon City. cent to the White House during the food; pizza. During his first two years “Camelot” period of the Kennedy and Strayer. After graduating magna he participated in Directed Studies, a presidency. From there he drove west cum laude Harvard Law in 1964, seminar cluster of courses combining for his first year of study at Stanford he became an associate in the firm. history, graphic arts, science, and lit- Law while Molly completed her mas- Along with a high standard of work, erature. He wrote two or three papers ter’s degree in education. They were involvement in the community was a a week, which was a great stimulus married in August 1962 in Oregon firm priority. Barnes joined the Port- to reading with focus. An English City. The couple moved east and land City Club almost immediately literature major, he considered pur- Barnes finished his law studies at (in later years he spent two terms on suing a doctorate and teaching, but Harvard. Barnes recalls, “Harvard the board of governors). He partici- decided to study law instead. Law was serious work, but I did well pated in cultural panel discussions Barnes and Molly maintained con- and enjoyed learning the field.” He on local TV. He volunteered with the tact through letters. In the summer made law review at both Stanford ACLU. When asked about the chal- of 1959, Barnes saw Molly again and Harvard. Working on the Har- lenges of his early years as an attor- when he found work as a farm hand vard Law Review introduced him to ney, Barnes recalls, “Everything was on the Ridgefield, Washington farm several of his brightest classmates— a challenge, but also an opportunity. of Aubrey and Constance Morgan. including future U.S. Supreme Court I did a range of practice areas from Aubrey was Welsh, a former crick- Justice Steven Breyer, Yale law pro- 1964-67, including corporate, tax, eter, and a former senior officer in fessor Owen Fiss, and First Circuit as well as some litigation.” Children the British Information Service where Judge Michael Boudin. Molly taught Barnes C. (1965) and Mary (1967) he worked on U.S. public opinion high school French in Medford, Mas- joined the family. towards Great Britain. His work sachusetts, but when she told the Barnes’ early mentors at the firm included orchestrating Prime Minister school that she was expecting their were Manley Strayer and George Winston Churchill’s several U.S. visits first child, she was required to stop Fraser (LSA recipient, 2010). Manley during the war. Constance (Morrow) teaching because the school thought Strayer (1906-85) was born in Baker Morgan was a graduate and trustee it would be awkward for the students City, Oregon and attended Willa- of Smith College. Her sister Anne was to be taught by a pregnant woman. mette University where he took both a well-known author and married to Their first child, Cynthia, was born undergraduate and law courses. He the aviator Charles Lindbergh. in July 1963. passed the bar exam but had to delay Barnes recalls, “The Morgans liked admission to the bar until he turned to have college kids work on the farm Setting Portland Roots 21. After years spent practicing in by day and discuss world affairs at In 1963, Barnes accepted a summer Baker City in a variety of capaci- night.” The Morgans took him on associate position with the largest ties, he came to Portland to work as trips to Ashland, Central Oregon, and firm (30 attorneys) in Portland— an assistant U.S. attorney, and then to Grand Coulee, Washington. Barnes Hart, Rockwood, Davies, Biggs, worked in the Antitrust Division of

6 U.S. District Court of Oregon Historical Society the U.S. Department of Justice. He to their communities with a sense of Justice he also worked with Warren joined the firm as a partner in 1942. personal involvement in the leadership Christopher (later Secretary of State He was widely regarded as one of Ore- of society. Fellows earned a full-time under President Carter) and Erwin gon’s great trial attorneys. Iowa-born salary serving as assistants to senior Griswold (Harvard Law School Dean, George Fraser (1917-2011) joined the White House staff, the vice president, 1946-67, Solicitor General 1967-73 firm in 1946 after serving in the U.S. and cabinet members. Barnes applied, and who, Barnes says, was unfairly Navy and attending Harvard Law and after regional and national inter- portrayed in the recent film On the School. Barnes found George to be views, he was chosen to be a White Basis of Sex relating to Justice Ruth a wonderfully creative lawyer. “He House Fellow. He, Molly, and their Bader Ginsburg). would come up with five out-of-the- three children under age five moved The nation was going through a box ideas. Four of them would be to McLean, Virginia in August 1967. fraught period during Barnes’ time ridiculous, but one would be bril- Barnes’ WHF class consisted of 13 as a White House Fellow. He saw liant.” As the occasional beneficiary men and three women. One fellow the October 1967 anti-Vietnam War of Fraser’s gentle deflating when it was Doris Kearns, a doctoral stu- March on the Pentagon. The Tet came to working with hot-tempered dent in government at Harvard, who Offensive took place in January 1968. adversaries, Barnes also appreciated became the writer and presidential After the assassination of Dr. Mar- his people and management skills. historian Doris Kearns Goodwin. tin Luther King Jr. in April 1968, he Talking about his early work as an Thinking back over 50 years of friend- saw National Guard troops at every attorney, Barnes recalls that a good ship with Barnes, in October 2018 street corner in D.C. because of fear way for a new lawyer to get time in she recalled “What a time it was to of riots. During meetings with Senator court “was to volunteer to represent be in government service. There was Robert F. Kennedy, Barnes remembers indigent criminal defendants. You a sense pervading Washington then the candidate being more focused on don’t get paid much, but my firm was that you could work on big goals and the Iowa caucuses than on the Fair very supportive.” Gideon v. Wain- public service would lead to things Housing legislation he was there to wright was decided by the Supreme that would be remembered forever…. discuss. Barnes worked on gun con- Court in 1963 and it would have a You went to bed at night knowing trol legislation and on the night Sena- profound impact on Barnes’ career. that something great had happened tor Kennedy was killed, he received In 1966, the Due Process Commit- that day.” Doris worked in the Labor a call at home asking him to come in tee of the ACLU of Oregon initiated Department and later in the White to the office because President John- a study of the Portland Municipal House; Barnes worked in the Depart- son wanted to be able to assure the Court. Barnes chaired the committee ment of Justice with Attorney General country he had a legislative response and their report, published in April Ramsey Clark. At the Department of to the tragedy. Continue on page 8 1967, was referred to as “scorching.” Recommendations included: transfer of all state cases from the municipal docket to the Multnomah County Dis- trict Court docket; removal of drunk cases and creation of a “detoxifica- tion facility;” provision of a public defender for indigent defendants; and physical removal of the court facili- ties from the Police Bureau building

White House Fellow In 1964, Secretary of Health, Edu- cation and Welfare John Gardner started the White House Fellows program. The program’s goal was to provide several promising young Americans with first-hand, high-level experience in the federal government. Barnes receives a certificate from President Lyndon Johnson honoring his It was hoped that they would return time as a White House Fellow.

www.usdchs.org Fall 2018/Winter 2019 7 He became a member of a three-per- Barnes H. Ellis continued from page 5 son Multnomah Bar Association com- mittee that used the planning grant to As a White House Fellow, Barnes article, Barnes noted: “The munici- form Metropolitan Public Defenders, tried to connect with all the major pal court judges have acknowledged, Inc. It was MPD that started a public divisions in the Department of Justice. as we revealed in our 1967 study of defender office first for the Portland He argued a tax appeal to the First the court, that this sentencing prac- Municipal Court, then state courts Circuit Court of Appeals in Boston. tice is continued solely because city in Multnomah, Washington, and He traveled to Houston for the Civil police erroneously believe it will insu- Clackamas counties, and also for the Rights Division to investigate hiring late them from claims of unlawful U.S. District Court. In June 1971, as practices at Joske’s Department Store. arrest.” Later that month Multnomah a member of the initial MPD Board, He went to Cleveland in connection County DA George Van Hoomissen Barnes hired James D. Hennings, a with a racial discrimination case announced he would no longer pros- former Multnomah County Deputy against the local IBEW union. He was ecute state cases in municipal court DA, to be Executive Director of MPD, very involved in lobbying for the Fair and would move them to the state a position he held for nearly 40 years. Housing Act of 1968, which prohib- district court, as urged in the 1967 Barnes served on the MPD board for ited racial discrimination in housing, report chaired by Barnes. In 1971 30 years, most of them as chair. and attended the signing ceremony the Portland Municipal Court was Barnes has always been interested the week after Dr. King’s assassina- merged into the district court, again in the dispute side of the law. He tion. Barnes came away with a fairly following the recommendation of the describes the dispute side as drawing positive attitude towards most of the 1967 report. on “a skill set that I felt okay with. people in government he had met. In October 1969, the Multnomah It requires a lot of analysis, prepara- “It did stimulate my already strong Bar Association received a small plan- tion, focus, and you’re dealing with interest in wanting to combine law ning grant for a community-based people at a moment of stress in their practice with public service.” public defender office. The grant lives. I’ve always found that not just In November 1968, he rejoined was from the Oregon Law Enforce- interesting, but important.” He pur- Molly and the children, who had ment Council, formed to administer sued his work with zeal, continuing returned earlier to Portland. The fam- block grants to the state under the to learn from the trial attorneys at his ily expanded with two more daugh- Safe Streets and Crime Control Act firm and outside it. ters, Joy (1969), Heidi (1972) and of 1968, part of President Johnson’s He worked with George Fraser in son Curtis (1979). Barnes has said “Great Society.” Barnes was appointed 1970 for the Bend forest products firm “Having a child—or more than one to OLEC by Governor Tom McCall. Brooks-Scanlon against the engineer- child—is an expression of optimism. We were, and are, very optimistic.” Molly ran the household and returned to teaching in 1989 when she became the librarian at the newly-started Arbor School of Arts and Science in Tualatin.

Starting the Change On his return to Portland, Barnes carried with him the notion that “one of the joys of being a lawyer is you can be involved in the community and do a range of activity that, hopefully, is helpful.” He was a member of the executive board of the ACLU of Ore- gon which, in April 1969, demanded that the municipal court stop using “continued indefinitely” case dispo- sitions. In a May 1969 Oregonian The optimistic Ellis family enjoys good times on a boat in the 1980s.

8 U.S. District Court of Oregon Historical Society ing firm CH2M Hill, on a case aris- Breaking the Logjam were the best qualified people in the ing out of claimed defects in a wood In the early 1970s the Portland City market. So, it was not hard.” waste burning boiler. Their opponent Club twice failed to get the required Susan Hammer, now a mediator, was the leading trial lawyer in Central 60 percent vote to admit women. recalls her 1977 hiring. “My first Oregon, Owen Panner (who would Barnes, along with several others, impression of Barnes was that he was become a federal judge in 1980). After withdrew from the club in protest, joyful and optimistic….The great- the jury was selected and the trial had but rejoined in 1973 once women est gift that a partner can give to an started, Fraser and Panner reached were admitted. The 2005 book Stoel associate is giving her challenging, agreement on a settlement while Rives, LLP: A History, describes the meaty, interesting work that will help mucking out horse stalls on Panner’s transition in the 1970s involving the her grow as a lawyer….I learned from farm. The settlement amount was addition of numerous women law- Barnes how to find the interesting large enough to need approval from yers and Barnes’ role in the process. parts of every case and how to dig into the underwriters at Lloyd’s of Lon- He worked closely with Karen Crea- it, to be somewhat of a quick study, don. At that time, overseas commu- son, who defined the role of parale- and try to figure out how to solve a nication was done by telegram with gal while she was working her way problem.” Hammer also recalls that the process taking two to three days. through law school. After getting if one of Barnes’ clients was reluctant Because it was also chukar hunting her degree summa cum laude from to have a woman lawyer, “He dealt season in Bend, neither side wanted Lewis & Clark Law School in 1974, with it swiftly and unequivocally…. to stop the trial. Panner proceeded to she became an associate and later a I think it really helped the women do a very slow cross exam of the first partner. Barnes and Karen teamed that he was working with to know witness. He spoke slowly, repetitively, up on several major cases together that they had that kind of support.” asked innocuous questions, and did before she pioneered a practice in Future Federal Judge Anna J. Brown what looked like a very poor job. health care law. came to know of Barnes while she The jury looked utterly bored. Two According to the firm history, was working as a law clerk (1978- days later the doors in the back of the “This chauvinistic logjam at the 80) for Multnomah County Circuit courtroom burst open, a messenger Davies Biggs firm and its predeces- Judge John C. (Jack) Beatty Jr. dur- rushed in with a note, handed it to sors did not break up significantly ing the day and attending Lewis & the clerk, who gave it to the judge. He until the 1970s, when the dam burst.” Clark Law School at night. Judge read it, waited a few minutes, and then Barnes was a member of the hiring Beatty heard a wide range of cases calmly declared a recess. The settle- committee for four years in the late and Judge Brown remembers: “He ment had been accepted and everyone 1970s when he and other commit- took a lot of care in training his law could go home. In later years Barnes tee colleagues hired many members clerks to be lawyers, so when he saw enjoyed razzing Owen Panner (who of the pioneer generation of women a lawyer doing something notewor- was rightly proud of his trial lawyer- lawyers, including Susan Graber (a thy in performance or in the way that ing skills) about the lousy cross-exam future Ninth Circuit judge), Susan a lawyer was representing a client, technique he’d witnessed. Hammer, Chris Kitchel, Joyce Har- he would always point the lawyer Through the decades Barnes worked pole, Ruth Beyer, Peggy Noto, Lois out. And that’s when I first heard of on a range of business cases. You can Rosenbaum, Margaret Baumgart- Mr. Ellis, which is how I knew him see the range of those cases in the ner, Nancy Cowgill, and later Mar- then. He was admired by the judge I web version of this article at www. garet Kirkpatrick, Joan Snyder, Bev worked for.” usdchs.org. Pearman, and Katherine McDowell, After receiving her law degree, “As I reflect on it, trial practice was to name a few. When Davies Biggs she remembers seeing Barnes during a good fit for me for several reasons. merged with the Rives firm in 1986, her early years as an attorney. “He I liked the variety—I came to know Pam Jacklin and Gail Achterman was always very encouraging. He virtually every major industry and became partners. “I was just blown would see me on the street, ‘How are company and their managements in away at the quality of young women you doing, are you trying cases, are the region, and I was able to handle coming out of law school wanting you getting chances to do what you cases in a wide range of legal areas…. to enter the legal profession. And we wanted to do?’ That meant a lot.” Every case was a challenge requir- hired a significant number. Not out Brown became a district court judge ing full focus and attention—no of any sense of political correctness, in 1992, a circuit court judge in 1994 coasting.” not out of any sense of ‘I’m gonna and joined the federal bench in 1999. right a wrong.’ It was strictly, these Continue on page 10

www.usdchs.org Fall 2018/Winter 2019 9 tive director of Lane County Public Barnes H. Ellis continued from page 5 Defenders, a district attorney, and the executive director of the Oregon “Seeing how he treated everybody tionally went by seniority) because Criminal Defense Lawyers Associa- with respect, if at arm’s length, you it seemed more likely to produce an tion. Ann Christian, from the State know, if it was an opponent. There able administrator. The senior justice Court Administrator’s Office, led the was always a fundamental profes- at the time (a former state senator) staff. The commission recommended sional courtesy. If a witness was successfully lobbied the Legislature that a new Public Defense Services sneaking away from him on a line of to remove that provision and to the Commission be created by the Legisla- questioning, he managed to bring him commission’s shock, in August 1981 ture, with its members to be appointed right back with a document, page 4, Governor Atiyeh vetoed the entire by the chief justice (who would also line 2. He would never raise his voice, package because of that one change. serve as a non-voting member). The he wouldn’t get upset. He was just Judge Beatty then proposed that Legislature agreed, and Chief Justice a good example of what you would Governor Atiyeh call a special ses- Carson appointed Barnes as chair of hope would happen in a courtroom. sion and re-enact the bills, with the PDSC. A really earnest and hard-fought pre- issue of how to choose a chief justice Reappointed by successive Chief sentation of conflicting arguments referred to the voters for a decision Justices Paul DeMuniz and Tom and facts. But then accepting what in May 1982. In what was referred Balmer, Barnes chaired PDSC from the outcome was.” to at the time (October 1981) as the 2001 until he stepped down in 2015. shortest special session in the state’s Current State Court Administrator Pushing Boulders Up Hills history, the bills were re-enacted, and Nancy Cozine worked with Barnes The Oregon Judicial Branch Com- the governor signed. (Oregon voters for over six years when she was execu- mission was created in Septem- later decided to let the justices con- tive director of the Office of Public ber 1979 to make a comprehensive tinue selecting the chief justice rather Defense Services. She recalls that study of the structure of the state’s than the governor.) Barnes inspired her and many others judicial system. Governor Vic Ati- In 1999, Chief Justice Wally Carson she worked with “to be better, work yeh, Oregon Supreme Court Chief called on Barnes to chair a commis- harder, and make sure that everything Justice Arno Denecke, Senate Presi- sion created by the Legislature to pro- we did for our clients—whether it dent Jason Boe, and House Speaker pose restructuring the state’s indigent was the state or a corporation or an Hardy Myers chose a committee that defense program. Others on this com- individual who was poor and help- included Barnes and Judge Jack Beatty mission included Senator Kate Brown less—to make sure that we provided along with attorneys, legislators, and (future governor), Judge Dave Brewer representation and services as if our businessmen from around the state. from Lane County (later an Oregon own lives were on the line.” She also Barnes was appointed to the commis- Supreme Court Justice), the execu- speaks with wonder about his level sion by Governor Atiyeh and elected of energy and commitment, “from chair by its members. The commission the 1960s all the way through, until looked at a range of different areas, 2015….look at all the boulders he and made two principal recommen- was able to push up hills.” dations: first, integrate management of the court system under the leader- “Something inside me said ‘Just ship of the chief justice (rather than say yes.’” have an autonomous court in each In 2005 Barnes volunteered to of the 36 counties); and second, have assist Portland-based Mercy Corps, the state assume responsibility for an international humanitarian non- indigent defense (which the counties governmental organization, to raise were having difficulty sustaining). The funds for its new building. He let bill passed both houses by comfort- CEO Neal Keny-Guyer know that able margins. But there was a hitch he would be happy to be of further regarding the appointment of the chief assistance, if needed. Davis Wright Barnes Ellis with White House Fel- justice. The commission suggested the Tremaine attorney, Bob Newell, low friend of 50 years author Doris who had been a Mercy Corps board governor appoint the chief justice, Kearns Goodwin, October 2018. rather than the court (which tradi- Photo by Jared Sandhagen. member since its early days in 1979,

10 U.S. District Court of Oregon Historical Society “Barnes is the epitome of finding Guyer praises Barnes. “He’s been ways to get the important things absolutely so creative in ensuring done, solving problems, and/or that with these legal entities with our navigating through.” financial institutions, we’re able to –Neal Keny-Guyer, Mercy Corps achieve our mission, get back some of the investment that we put into it, called Barnes, who was out of town, and that these entities preserve and in January 2010, He told Barnes of a keep their social mission. Absolutely legal issue Mercy Corps was facing. incredible.” They decided to meet on Saturday at 8 a.m. It was the morning after Barnes’ “It’s what makes life full and rich” 70th birthday. Barnes served on the Oregon State 2018 President Kathryn Roberts and 2019 Vice President Doug Pahl Within a few minutes of starting Bar Board of Governors from 1974- congratulate Barnes H. Ellis. the meeting, Neal Keny-Guyer asked 77, when the Client Security Fund “Would you like to be our general and Professional Liability Fund were to deal with a range of clients and the counsel?” It was totally unexpected. established. He was inducted into the issues that they have, and you get to Barnes recalls, “Any rational person American College of Trial Lawyers deal with things in the community would have asked a lot of questions in 1980. In 1997 Barnes received where maybe you can make a differ- and would want to discuss the issue the Learned Hand Award from the ence. It’s not that I feel an obligation with his law firm and family. But American Jewish Federation. That to do that, it’s what makes life full something inside me said ‘Just say same year he was named an honor- and rich. That’s what I’ve enjoyed.” yes’—which is what I did.” ary alumnus of Lewis and Clark Law In his leisure hours, Barnes is an He took his head and his heart out School and has served on its board of avid reader (lots of American history), of the courtroom and put them into visitors since that time. In 2015 he a sometimes-successful vegetable some of the world’s toughest places. received the Oregon State Bar Presi- gardener, and an amateur carpenter. “Places,” as Neal Keny-Guyer says, dent’s Award for Public Service. He From 1997 to 2002, he and his fam- “where poor governance, conflict, received the Ken Morrow Lifetime ily did much of the work themselves insecurity, and extreme poverty col- Achievement Award in 2017 from the on the family beach house in Cove lide to trap people.” Mercy Corps Oregon Criminal Defense Lawyers Beach. At the picnic of Barnes’ life, works to address short-term emer- Association. The award recognizes the he could grow the salad and build the gency relief issues and to build long- lifelong commitment and significant picnic table. Judge Brown describes term resilience. Barnes began serving achievements of attorneys working him as “A truly quiet and humble as general counsel in 2010 and now in the defense community and those person. Hilariously funny, smart as serves as senior legal counsel. Keny- who have made important contribu- a whip, willing to be patient and to Guyer notes, “Barnes is the epitome tions to the administration of justice. teach people, but not sing his own of finding ways to get the impor- It was at that award ceremony that symphony.” If a choir was to sing tant things done, solving problems, Judge Anna Brown first heard a com- Barnes’ praises, some strong voices and/or navigating through. In our prehensive accounting of the range might come from his extended family world, which has tons of complexity, of the achievements of “Mr. Ellis” with its six children and 12 grand- he’s among the best at that.” Mercy over the decades she has known him. children. Barnes notes, “It’s just been Corps has annual revenues of about She says, “As much as we all admire a pleasure and opportunity to work $500,000,000 and is active in over Barnes—those of us who’ve had a with all of them.” 40 countries. One of his areas of chance to see him in his professional Barnes Ellis, the U.S. District Court focus has been Mercy Corps’ legacy role in a variety of capacities—you of Oregon Historical Society is pro- of micro-finance institutions formed would never know there is something foundly grateful for your service to in the 1990s. These institutions serve to admire if you just waited for Barnes our state and to the legal community. a mission of financial inclusion, to tell the story of himself.” enabling small unit farmers and oth- When asked about his work life, “A truly quiet and humble ers to have access to financial services. Barnes replied, “I’ve always felt that person. Hilariously funny, smart In recent years, Barnes has assisted the role of a lawyer is to be a good as a whip, willing to be patient Mercy Corps selling its equity yet citizen. The benefit is that you’re not and to reach people...” preserving the social mission. Keny- just locked in to one business, you get –Judge Anna J. Brown

www.usdchs.org Fall 2018/Winter 2019 11 The U. S. District Court of Oregon Historical Society 740 U. S. Courthouse 1000 S.W. Third Avenue Portland, OR 97204

OFFICERS: President, Julie Engbloom; Vice President, Sharing Our History through Doug Pahl; Treasurer, Stephen Raher; Secretary, Joan Hilsenteger; Immediate past President, Kathryn Roberts Social Media by Michael Fuller 2019 BOARD MEMBERS: Mary Anne Anderson, Hon. Stacie Beckerman, Scott Bradford, Nell Brown; 2018 marks the first year of the Oregon Joseph Carlisle; Crystal Chase; Michael Fuller; Renata U.S. District Court Historical Society’s Gowie; Klaus Hamm; Hon. Marco Hernández; Ethan Knight; John McGrory; Hon. Peter McKittrick; Steve presence on social media. The first post Odell; Carra Sahler; Kennon Scott; Jeanne Sinnott; from our Twitter account was re-tweeted Mohammed Workicho and liked two dozen times by followers 2019 EX-OFFICIO MEMBERS: Hon. Michael Mosman; Hon. Ann Aiken; Hon. Martha Walters; including Maxine Bernstein with The Ore- Christine Constantion; Gosia Fonberg; Kerry Tymchuk gonian, Amber Hollister with the Oregon HONORARY MEMBERS: The Belloni Family, State Bar, and the Oregon Chapter of the Ernest Bonyhadi, Hon. James Redden, Richard B. Solomon Federal Bar Association. The U.S. District Court of Oregon Historical Society Consistent with the purpose of our soci- thanks its lifetime members for their continued support of the mission of the Society and honors those lifetime ety, our Twitter account serves to share members who are no longer with us. the unique story of the U.S. District Court LIFETIME MEMBERS: Mary Anne Anderson, of Oregon with our followers through archived pictures and key dates in Brent Barton, Jeffery Batchelor, Owen Blank, Hon. Anna J. Brown, Hon. Trish M. Brown, Donald our history. Our social media presence now allows us to announce and Cinnamond, Sarah Crooks, Paul Fortino, Michael better promote our upcoming oral histories and portrait unveilings. We Fuller, Gersham Goldstein, Edwin Harnden, Cynthia Harrison, Douglas Houser, Jenifer Johnston, Stephen can also use our online accounts to make save-the-date posts for upcom- Joncus, Hon. Robert Jones, James Knoll, Rob Laney, Jewel Lansing, Ron Lansing, Anthony Larson, Hon. ing educational programming like our famous cases CLEs. Edward Leavy, James S. Leigh, Scott McCurdy, In June and July, we used our Twitter account to successfully promote Nancy Moriarty, Jeffrey Mutnick, Elizabeth Newcomb, Daniel O’Leary, Katherine O’Neil, our summer picnic celebrating the bankruptcy bench and bar. In November Douglas Pahl, Hon. Owen M. Panner, Hon. Edwin we tweeted a picture of Doris Kearns Goodwin with our 2018 Lifetime Peterson, Peter Richter, Dian Rubanoff, William D. Rutherford, Sarah Ryan, Thomas Sand, Arlene Service Award recipient Barnes Ellis. Schnitzer, Jordan Schnitzer, Norman Sepenuk, Arden Shenker, Hon. Michael Simon, Richard Solomon, Twitter’s social media platform allows us to thank the law firms that Gayle Troutwine, Heather Van Meter, Norm Wiener, sponsor our events by including their Twitter handles in our posts, which Timothy Williams, Kelly Zusman. results in additional likes and re-tweets. IN MEMORIAM: Hon. Owen Panner Anyone interested in receiving our future tweets can find and follow us LIAISONS: Joseph Carlisle (interim), Oral History; Adair Law, Newsletter; on Twitter at our handle: @USDCHS Dana Vinchesi, USDC

12 U.S. District Court of Oregon Historical Society