The U.S. District Court of Oregon Historical Society Newsletter Judges Ancer Haggerty and Garr King Two Unveilings, Thanks, and a Tease By Adair Law new link in a chain of judicial experi- ence that stretches back to Oregon’s first federal judge, Matthew Deady. Judge Deady’s portrait watches over all the men and women who enter the Hatfield Courthouse from his perch in the lobby. Both Judge Haggerty and Judge King expressed their thanks to the assembled family and friends. Judge Edward Leavy rose to speak of Judge Michael Hogan, reminding those assembled of his many accom- plishments. Judge Hogan, a former law Portraits of Judges Ancer Haggerty (left) and Garr King by clerk to Judge Robert Belloni, became a Wayne Chin half-time bankruptcy referee and a half- time magistrate judge at 26 in 1973 and amily, friends, and colleagues of Judges Ancer a district judge in 1991. With his involvement in FHaggerty and Garr King gathered on Febru- a range of judicial matters, Judge Leavy noted ary 4, 2013, in the 16th floor ceremonial court- that Judge Hogan “became the face of the District room of the Mark O. Hatfield Courthouse for the Court of Oregon.” unveiling of two new judicial portraits. They were Judge Anna Brown stepped forward with addi- also gathered to wish a formal farewell to Judge Continue on page 4 Michael Hogan who recently stepped down as a senior judge to go into mediation work (see Fall 2012 Oregon Benchmarks). The honored judges and the portrait artist Wayne Chin sat before two larger veiled easels and a smaller one as the cer- emony got underway. Chief Judge Ann Aiken welcomed all to the occasion, noting that “Careers are important, but the support system of family and friends is as well.” Recently retired Multnomah County Dis- trict Attorney Michael Schrunk spoke on behalf of his longtime friend, Judge Haggerty, and attorney Paul Fortino spoke on behalf of his friend Judge King. As Wayne Chin unveiled the portraits, por- Judge Edward Leavy speaks at the ceremony wishing trait subjects Judges Haggerty and King forged a Judge Michael Hogan well on his retirement.

Spring 2013 1 Oral Histories Added President’s Message to U.S. District Court

It’s time for a picnic! For more than 10 years, the Leavy fam- Library ily has hosted our Annual Picnic at Judge Leavy’s Hop Farm. By Janice Dilg There will be a band—China Watch will play country, blues, he Oral History Committee of and old time rock n roll. There will be great food—Coun- Tthe U.S. District Court of Ore- try Grains Bread will serve old-fashioned barbeque ribs and gon Historical Society is pleased to chicken, with strawberry shortcake for announce that copies of federal, state, dessert. And there will be games for kids and circuit court judges’ oral history and adults alike. In lieu of a thousand transcripts will be available through words describing the event, I offer the the U.S. District Court Library. Court following photo. Please join us for all the librarian Scott McCurdy is “thrilled fun on Sunday, August 4. This year we are recognizing to have this collection added to the the members of the criminal bar at both the Annual court library.” Picnic and the Annual Dinner. At our Annual Din- Since 2005, the oral history inter- ner on November 7, 2013, we will present our Life- view transcripts of judges have been time Service Award to Sid Lezak (posthumously), the Judge Leavy is a formatted, bound, and deposited at country’s longest-serving U.S. Attorney, and Norm contender in the the Oregon Historical Society Davies Sepenuk a dean of the criminal defense bar. egg race Research Library where anyone can We are also thrilled to have popular Portland author, access the transcripts. Adding cop- Phillip Margolin, as our keynote speaker at the Dinner. He will speak ies to the U.S. District Court Library about the Oregon case that inspired one of his recent books. Margolin’s offers a new avenue of access to these first job after law school was a clerkship with Judge Herbert M. Schwab, important and interesting documents then chief judge of the Oregon Court of Appeals. He was in private prac- of Oregon legal history. tice from 1972 until 1996, specializing in criminal defense at the trail There are currently 15 bound cop- and appellate levels. He began writing full time in 1996. Margolin’s most ies in the collection that include fed- recent book, Sleight of Hand, came out in April 2013. eral judges Owen Panner, Robert E. So mark your calendars—Sunday, August 4 and Thursday, November Jones, Susan Graber, Garr M. King. 7. I look forward to seeing you there. John Cooney, Malcolm Marsh, John – Stephen Joncus Jelderks, George E. Juba, former Oregon Supreme Court Justice Ran- dall Kester, and former Multnomah County Circuit Court Judge Roosevelt Judge Michael Mosman Named Robinson, and current Multnomah to Foreign Intelligence Surveillance Court County Circuit Court Judge Michael By Adair Law Marcus. Additional oral histories are in pro- hief Justice John Roberts appointed Judge Michael W. Mosman of the cess and will be added to the library CDistrict of Oregon to serve as a judge on the U.S. Foreign Intelligence collection upon their completion. The Surveillance Court. current bound transcripts are being The appointment was effective May 4, 2013, and extends through May processed and will be on the U.S. 3, 2020. Judge Mosman replaces Judge Roger Vinson, whose term on the Court Library shelves in the near surveillance court expired on May 3, 2013. future. The library is located on floor The eleven-member Foreign Intelligence Surveillance Court reviews appli- 7B of the Mark O. Hatfield Court- cations from government agencies for electronic surveillance and physical house, and arrangements to access search under the Foreign Intelligence Surveillance Act. In 2012, the Court the transcripts can be made through approved 1,788 applications for electronic surveillance and denied none, as Scott McCurdy, scott_mccurdy@lb9. noted in a report to Congress in April 2013. uscourts.gov, (503-326-8140).

Many photographs from this issue can be seen in color on our website, www. usdchs.org.)

2 U.S. District Court of Oregon Historical Society Oregon’s Newest Member of the Federal Bench: Judge Michael McShane By Adair Law ultnomah County Circuit Court Judge Michael McShane was confirmed by the U.S. MSenate as Oregon’s newest federal judge on May 20, 2013. Judge McShane fills the seat vacated by Judge Michael Hogan. Judge McShane will join Chief Judge Ann Aiken and Magistrate Judge Tom Coffin on the bench at the Wayne Morse U.S. Courthouse in Eugene. He started his new job on June 3. McShane has been a judge on the Multnomah County Circuit Court in Oregon since 2001, presiding over a wide variety of matters, including civil, criminal, and family court cases. He previously served as a judge pro tem on the same court, 1997-2001. Prior to becoming a judge, he spent almost a decade serving as a public defender at the Office of the Metropoli- tan Public Defender in Portland, where he represented indigent clients facing criminal prosecution. McShane is also the recipient of the 2012 Oregon State Bar President’s Public Service Award. He is among five openly gay judges who have been appointed during the administration of President Barack Obama. In 2008, Judge McShane filled out a judicial election questionnaire and one question asked him to describe a case or legal issue that he had worked on that he was particularly proud of. He responded, “I think that it is easy to equate having a great judicial moment with being a great judge. In fact, I believe what makes a great judge is our ability to manage the small things with great compassion and great humility. This is really the hard work.” The U.S. District Court of Oregon Historical Society extends a warm welcome to Judge Michael McShane.

Chief Justice John Roberts Visits Lewis & Clark Law School n what may be the first visit by a Isitting Chief Justice to an Oregon law school, Supreme Court Chief Jus- tice John Roberts was in Portland in early April to inaugurate Lewis & Clark Law School’s Environmental Moot Court Advocate of the Year competition. Chief Justice Roberts, U.S. District Court Judge Anna Brown, and 9th Circuit Judge Diar- muid O’Scannlain sat on a panel set up as a fictional “12th Circuit” to hear a fictional but complex Clean Water Act case. Lewis & Clark Law School Dean From left: Judge Diamuid O’Scannlain, Chief Justice John Roberts, competition Robert Klonoff got to know Chief winner Meredith Price, Dean Robert Klonoff and Judge Anna Brown. Justice Roberts and his chief of staff Photo courtesy of Lewis & Clark College Law School. when they all worked in the U.S. Capitol. Dean Klonoff wanted a local academic competition to showcase the moot court students. In the past seven years, the Lewis & Clark contingent was in the top three every time and placed first three times nationally. Dean Klonoff set up what will be an annual in-house competition. According to the Oregonian, the students refer to it as “sort of like ‘The Hunger Games.’” The three participants were Maggie Hall, Meredith Price, and Andy Erickson. They argued before an audience of 500. Meredith Price won the competition and she will be clerking for Judge Michael Simon after her May graduation.

www.usdchs.org Spring 2013 3 co-op suggested that he apply to a new cont. Two Unveilings two-year art program in Guangzhou. tional information. By her reckoning, Chin applied with a pool of 4,000, Judge Hogan has worked with more was asked to take a test and bring in than half of the 28 district judges his portfolio with a group of 50, and during their active service, each of was chosen as part of a class of 12. at least 18 part-time and full-time His days and nights were filled with magistrate judges, and at least 10 of the study and creation of art. He the 13 full-time bankruptcy judges studied Chinese artists primarily and who have served this District. Judge his western influences were Russian Brown ended her brief history review or French. He remembered seeing a with a video excerpt of Senator Mark portrait by the American painter John Judge Ancer Haggerty thanks those Hatfield’s remarks at Judge Hogan’s Singer Sargent in a traveling exhibi- assembled for his portrait unveiling confirmation hearing in 1991. Sena- while Judge Michael Hogan listens. tion and being impressed by the detail tor Hatfield spoke warmly of Judge of his work. Hogan, noting that they had met in of some, his occasional ‘princely’ Chin immigrated to the United 1968 and he had helped Hogan to get tendencies. States in 1981 and worked as a cook a job with the Capitol Police while he “So, Your Honor, I present to you, in a Chinese restaurant in Estacada. was studying at Georgetown. with the Historical Society’s sincere A local artist saw his drawings and Judge Brown invited Hogan to appreciation for your long and faith- paintings on the restaurant walls and join her at the podium. After noting ful service, our ‘faux-Hogan-por- advised him about places he could sell that she had been assured that Judge trait’—otherwise known as Antoine his work. Soon he was selling work Hogan’s portrait was in progress, de Saint-Exupery’s: ‘The Little Prince through the Portland Art Museum’s she proceeded to present him with a in a Red Cape!’ May this small token Rental Sales gallery and at Saturday faux-Hogan portrait “to also serve as serve as a fun reminder to you of our Market booth where he drew 20-min- a reminder to him that we do want heartfelt appreciation for your nearly ute charcoal portraits. to have a real Hogan portrait for four decades of service to the District During an elementary school posterity in due course. of Oregon.” sketching demonstration, he drew “Judge Hogan is known for many The faux portrait was unveiled, the teacher, Luann Soderstrom. Her things, his love of all things French; Houston Bolles sang a lovely, unac- architect husband David Soderstrom his unique fashion sense; his ‘spikey,’ companied “America the Beautiful,” saw the portrait and asked Chin if he sometimes orange hair styles; his and the assembled group adjourned would be interested in architectural unfailing optimism, and, in the eyes to the lobby for further conviviality.

Wayne Chin: Oregon’s Court Painter By Adair Law s the artist responsible for the ton), China in 1955. His father was a Acreation of portraits of eight self-taught artist and was renowned judges in Oregon, Wayne Chin has for his work as a poster artist through- made a place for himself in Oregon out China. Chin grew up watching legal history. Since 1997, Chin has his father paint. His father did not painted judges in the federal court encourage him because he wanted (Judges Helen Frye, Ancer Hag- his son to find steadier work. gerty, Robert Jones, Garr King, and In 1973, Chin was sent to the coun- Malcolm Marsh), the Ninth Circuit tryside to work for several years, as (Judges Edward Leavy and Diarmuid were most other city-dwelling Chi- O’Scannlain) and former Oregon nese youth of his era. In addition to State Supreme Court Chief Justice the farmwork he was doing, he devel- Paul De Muniz.. oped a reputation as an able billboard Wayne Chin unveils his portrait of Chin was born in Guangzhou (Can- painter. The manager of his farm Judge Garr King.

4 U.S. District Court of Oregon Historical Society work. Chin relished the challenge of this more precise work. He worked with Soderstrom 1988-97, when he “One Hundred Fourteen and Counting....” started his own art studio, Wayne Stu- By Judge Anna Brown and Kathryn Roberts dio in Vancouver. Architectural illus- tration is the majority of his business. id you know that 114 women have served or are serving as state During Chin’s days at Saturday Dand federal judges in Oregon? Market, a gentleman named Richard Fact: Oregon’s first woman to serve as a state judge was Mary Jane Wiley handed him his card and asked Spurlin. Appointed in 1926 by Governor Walter M. him to come visit him at his studio. Pierce to the Multnomah County District Court, Wiley painted the portraits of Judges she was defeated in the 1926 election and served William East and Otto Skopil. He saw but six months. a similarity in their styles and when Did you know it took another 35 years before the the need for new judicial portraits next woman served in the state judiciary? arose, Wiley suggested Chin. Judge Fact: Oregon’s first woman to serve as a Circuit Helen Frye chose him when she was Court Judge was Jean Lewis. Appointed by Gover- nor Mark O. Hatfield in 1961, Judge Lewis served ready to have her portrait painted Judge Mary Jane in 1997. Spurlin the Multnomah County Circuit Court for 17 years. To begin the portrait process, Chin Did you know only five more women joined Ore- takes numerous photographs of the gon’s judiciary in the 1970s? subject in different poses as well as Fact: Judge Mercedes Deiz, Judge Shirley Field, Judge Kimberly C. photos of items that have particular Frankel, and Judge Elizabeth Welch all served in the District or Cir- meaning to the subject. From the cuit Courts of Multnomah County in the 1970s, and Judge Helen Frye photographs he builds a composite began her judicial service as a Lane County Circuit Court Judge in 1971. charcoal sketch, a color sketch or Judge Deiz was the first woman of color to serve on an Oregon court. watercolor, then the final oil paint- Did you know that Gov. John Kitzhaber’s most ing. The creation of the portrait is an recent judicial appointment of Heather L. Karabeika ongoing conversation. Chin notes that to serve on the Clackamas County bench brings to although he takes a lot of photographs 114 the number of women who have served as a to start the portrait, “It’s the brush- state or federal judge in Oregon? We are, indeed, stroke that touches people’s hearts.” “One Hundred and Fourteen and Counting . . . .” In the summer 1999 Oregon Bench- Because facts like these aren’t readily available, marks, current Oregon Attorney Gen- the U.S. District Court of Oregon Historical Soci- eral Ellen Rosenblum wrote about ety and Oregon Women Lawyers are pleased to announce the formation of Oregon Women Judges Wayne Chin and his work, “…if you Judge Heather are not a fan of the dark, somber (or “OWJ”). Judge Anna J. Brown, historian Jan Karabeika school of portraiture, you are likely Dilg, and attorneys, Angela Lucero, Kendra Mat- to love these portraits of our judges. thews, Elizabeth Milesnick and Kathryn Roberts, are currently serving Judge Frye, robed and standing at on the committee. her desk, glasses in hand, in front of Oregon Women Judges is dedicated to honoring and celebrating the the Federal Reporters and bordered contributions of Oregon’s state and federal women judges by collecting by the American flag, comes across and preserving their history. Currently in its beginning stages, OWJ with warmth, dignity, and intelli- seeks to gather and organize accurate data about each of Oregon’s gence.” Rosenblum also asked Chin women jurists. In the near future, OWJ plans to make this informa- how he knew when a portrait was tion accessible to all in a convenient online format. What we do with finished. “When I feel good about the information ...well, the sky is the limit! it—and when the subject is satisfied.” If you’re interested in donating, volunteering, or otherwise supporting We thank Wayne Chin for the beauti- this exciting project, please contact OWLS Executive Director, Linda ful ways he has captured so many of Tomassi, at [email protected] or (503) 595-7831. Oregon’s judges. Photos of unveiling and Wayne Chin by Chad Tucker

www.usdchs.org Spring 2013 5 Part One: 1924– 1962 Sid Lezak: Two Decades as U.S. Attorney for Oregon By Adair Law

Sid Lezak will be one of two recipi- cago home). Lezak’s sisters––Rozelle ents of the U.S. District Court of and Iris––arrived one and five years Oregon Historical Society 2013 Life- after him. In 1935 the Lezak family time Service Award. He is the first to moved into an apartment building on receive the award posthumously. This Ingleside Avenue where a girl named article was developed from Sidney Muriel Deutsch lived. She was three Lezak’s oral history conducted by years younger than Lezak; they met Jack Gore Collins, August 16, 1988- when he was 11. Thirteen years later June 6, 1990. It is on file with the they would marry. Oregon Historical Society on behalf Lezak graduated from grammar of the U.S. District Court of Oregon school at age 12. “My mother had Historical Society. Sid Lezak died in a good opinion of me. I was pushed April 2006; Jack Gore Collins died in ahead in school so that I was actually September 2010. Thanks to Muriel three semesters ahead from where I D. Lezak for her comments in shap- would have been and I was actually Sid Lezak, age three with his sister ing this article. Rozelle, age two. out of high school just at my 16th birthday.” Lezak began working at idney Lezak was born in Chi- United States in 1911, settling eventu- 12, assisting his father in the meat Scago on November 8, 1924 to ally on the south side of Chicago. In market. He thought he wasn’t inter- Manny and Celia Lezak. Both his Russia, Lezak’s paternal grandfather ested in attending the University of parents came from Vasylkiv, a small was a butcher, an occupation that all Chicago (which he could walk to from town about 30 miles outside of Kiev, his sons continued in America. his home) because, as the neighbor- in Ukraine. According to his World When the United States became hood school, it lacked glamour and War I draft card, Lezak’s father was involved in World War I, Lezak’s seemed stuffy. He went to North- born August 15, 1896. Sid recounted father and his brothers all enlisted. western University in Evanston in a story his father told about a family Some served overseas where one was February 1941 just after he turned outing to Kiev when he was a boy. killed. Manny Lezak served in the 16, staying there for one semester. He His father had just received his first states and was honorably discharged. returned home to work in the adver- ice cream cone when a group of thugs He didn’t view his enlistment as a tising department at Mandel Brothers stormed through the Jewish quarter, hardship and had fond memories of department store. He also worked as breaking windows and beating up being in the service. an advertising representative for the Jewish people at random. His father His mother’s family also came to neighborhood newspaper––The Hyde ran into the back of a butcher’s shop Chicago. Her father was a blacksmith. Park Herald—until he enrolled at the where he hid under the butchering The Lezak and the Weiner families University of Chicago in June 1942. table crouching, amid the blood, guts, had had a slight acquaintance in At first, he wanted to become a psy- and sawdust, while he finished his Vasylkiv and became reacquainted in chiatrist. He lived at home while he ice cream. Lezak noted, “I’ve always Chicago through the approximately attended the university. taken that as a sort of measuring point 70 member Verein (a German word from which to measure any success for club) for people from Vasylkiv. Military Service that I’ve had in my career and have His parents married in 1923 in an At the age of 17 Lezak applied to the marveled at the progress which has Orthodox Jewish ceremony. As Lezak Air Force for cadet training and was been possible in this country within was growing up, they drifted away accepted. He turned 18 in November the space of one generation.” from Orthodoxy into the conserva- 1942 and by February was in a Miami Lezak’s mother, Celia Weiner, was tive branch of Judaism. Beach hotel for basic training and born in 1898 and came to the United The Lezak family lived in Chicago’s precadet training. He tested well as States with her family on the Lusitania Hyde Park neighborhood (just blocks a navigator candidate, but at the San in 1908. The Lezak family came to the away from President Obama’s Chi- Antonio Aviation Cadet Center, he

6 U.S. District Court of Oregon Historical Society broke his arm on the obstacle course. of Washington won the coin toss and He was given special permission to after a summer in Seattle, Lezak run instead of doing the physical decided the Northwest was where training that was normally required he wanted to be, and he wanted to so he could stay with his class. “For live in Portland. Their “honeymoon” the first time in my life I felt that I was was a five-day drive from Chicago to doing something really well physi- Portland in the cream-colored con- cally and I actually came in third in vertible they had bought with gifts the cross-country race. I remember from their parents. being thought of as a crazy kid run- When Lezak passed the Oregon bar, ning around with a cast on his arm.” he already had a job with the firm He completed navigation school in Lensky, Spiegel, Spiegel, and Mar- San Marcos, Texas where, in Febru- tindale. “I decided to accept Reuben ary 1943, he became a navigator and Navigator Lezak ca. 1945. After D-Day, Lensky’s offer, in part because I was a second lieutenant. After bomber he flew 33 missions over France and told I could start trying cases right training in Oklahoma he arrived Germany. away and I wanted a firm that would in England in April. He joined the then on to South America. “Or we permit me to be involved in the liberal 305th Bombardment Group flying would go down to Natal to Dakar, end of politics.” He soon realized it 22 missions with the same crew. Senegal and then fly directly across, was not the best match for him, but Many of the missions involved mass because we were flying twin-engine he stayed for a couple of years. daylight bombings. He received “a light bombers, B-25’s.” With the advent of the Korean War, Distinguished Flying Cross and five The radio was playing in Lezak’s his bombardier was recalled and Air Medals which doesn’t signify any barracks in early August 1945 when Lezak was told that they would need specific bravery but just the fact that he heard that the atom bomb had been navigators. Rather than wait around you lived.” dropped. He had enough points to be for his assignment, he and Muriel After these combat missions he let out immediately. By late Septem- went to Washington, D.C. where b e c a m e a ber 1945, he was in Chicago at the they applied for positions with the n av i g a t i o n university, not yet 21 years old and Economic Cooperation Administra- i n s t r u c t o r living at home. He graduated with a tion. As this was during the McCarthy at Ellington bachelor’s in philosophy and entered era, it took four or five months to be Field, Texas. the University of Chicago Law School. investigated for this kind of federal In those days By this time he was dating Muriel Continue on page 8 b e f o r e a i r Deutsch, who was studying psychol- conditioning, ogy at the university. “We continued rather than living in the same apartment build- spend a sum- ing, studying together and romancing mer in Hous- Second Lt. Sid Lezak every night.” While he pursued his ton, Texas, he J.D., Muriel studied for a master’s volunteered in May 1945 to go back in psychology. Within a two-week overseas with the Air Transport span in June 1949, they both gradu- Command. He soon found himself in ated with advanced degrees and were Marrakech, Morocco in July in 115 married on June 26. degree heat, “but it was still more comfortable than Houston, Texas.” Westward The European theater was winding In the summer of 1948, Lezak was down and planes were wanted in the admitted to summer law school pro- United States for refitting and recon- grams at Berkeley and the University ditioning for the Pacific theater. The of Washington. He and Muriel were ATC crews flew these planes from not officially engaged at that point, Marseilles or Naples through Africa but they had an understanding. Both Muriel Deutsch and Sid Lezak, 1946. to Monrovia, Liberia. They landed knew that they were interested in leav- Photos on this and following page at Ascension Island for refueling and ing the Chicago area. The University courtesy of Muriel D. Lezak

www.usdchs.org Spring 2013 7 Lezak became friendly with How- vs. Teamsters. The Office Employees ard Morgan, future U.S. Senator also received $10,000 in back wages. Richard Neuberger, and Monroe During the Democratic presidential Sweetland, working with them to lib- primary in 1960, Sen. Wayne Morse eralize the Oregon Democratic Party. ran against Gov. Adlai Stevenson and “I’d have to say, looking back, that Sen. John F. Kennedy. To pull more I probably voted for about as many labor votes, Morse made what Lezak statewide Republican as Democratic considered an unfair characterization candidates. So long as the moderate of Kennedy’s role in the Landrum element was in control, they were put- Griffin Bill. Kennedy made a cam- ting up as attractive or more attrac- paign swing through Portland and tive candidates. I guess it’s symbolic had a breakfast visit with a number of my own feelings that I did not of young lawyers. At the end of the feel that party loyalty was of such a breakfast, Rep. Edith Green intro- strong consideration that it should duced Lezak to Kennedy. Lezak told override voting for people that I liked, Kennedy that although he wasn’t Sid and Muriel Lezak wedding portrait, like Tom McCall, and Hatfield. I one of his team, as a labor lawyer 1949. remember voting for Wayne Morse he thought that Morse’s accusations as a Republican.” were unfair. Kennedy was interested Sid Lezak In 1955, Bailey and Lezak took on in what Lezak had to say and asked continued from page 7 a case that would have long-ranging him what he might do to change that job. Muriel was working at the Child effects. The firm represented a num- perception. “I think that was the first Guidance Clinic (now the Morrison ber of unions, including the Office long conversation I’d had at which Center) and both of them had been Employees Union. Portland Teamsters Edith Green had ever been present, saving as much as they could. insisted that four of their secretar- which turned out to be interesting.” “We said, ‘What the hell, we’ve ies, who were with Office Employ- got $3,500, let’s just go to Europe.’” ees Union, become members of the A Fateful Phone Call The couple traveled in Europe for six Teamsters Union, “apparently because On February 18, 1961, the phone rang months then returned to Portland. “It they sat on chairs which were on cast- at the Lezak home before 7 a.m. Rep- was probably the wisest investment ers or wheels, and they refused. The resentative Edith Green was calling that we’ve ever made because it got rid Teamsters fired them and Paul got to tell Lezak that Harry Hogan—the of our wanderlust. It made us realize the National Labor Relations Board District Attorney of Wasco County, that the choice that we made to come to file unfair labor practice charges a well-regarded lawyer active in to Portland in the first place was cor- against the Teamsters on behalf of Democratic politics—had had “a rect and, fortunately, let’s see, we had those four Office Employees. So very unhappy interview with Bobby $35 left to our name, and my wife Paul and I worked up the hearings Kennedy” for the position of U.S. had a job waiting for her.” Their first together and I participated actively child, Annie, was born in November in the hearings before the NLRB, 1953, with David and Miriam follow- cross-examining the Teamster wit- ing in 1955 and 1958. They made their nesses and so forth and so on.” The home in Southwest Portland. case was the first in NLRB history in Lezak did freelance work for the which one union brought a claim of Nels Peterson and Frank Pozzi firm. unfair labor practices against another. After a year, Paul Bailey, who had On November 1, 1957 the NLRB been an officer with the Lumber and found that the Teamsters had been Sawmill Workers Union while going committing unfair labor practices. As through law school, asked Lezak to a Democratic labor lawyer who was help him try some cases. The two willing to fight the Teamsters, Lezak started the firm of Bailey and Lezak achieved a new level of attention. The case later went before the Supreme on January 1, 1954. “So I had one Sid and Muriel, both raised in apart- year on my own, approximately, from Court and was upheld in 1959 in a 5 ments, on the lawn of their Portland about November of ’52 until then.” to 4 decision under Office Employees home, ca. 1953

8 U.S. District Court of Oregon Historical Society about this job would indicate that if U.S. Attorney for Oregon there isn’t a good opportunity for at Lezak decided early on that his least mutual respect and a working office would not run along partisan relationship between the Chief Judge political lines. Of the seven assistant and the U.S. Attorney, the job could attorneys who were working there, he be both unpleasant and it would hin- let only one person go after several der my effectiveness.” Lezak spoke months. His predecessor, Ed Luckey, with Judge Solomon after he was became a bankruptcy referee and was offered the position. Judge Solomon helpful as Lezak made the transition. was surprised to learn of the offer. “It was still the fashion in most small- “I remember him saying…‘I know and medium-size offices to replace enough about you to know that you the assistants on a patronage basis. have a yen for public service, and my So I think it made it a lot easier that recommendation is, that you take the I quickly established that there was job and I don’t think the problems going to be some continuity. And I just Sid and Muriel with their children, Miriam, Annie and David, ca. 1964 you’re concerned about…ought to sort of settled down.” Settling down deter you from taking the job.’” meant 75 to 80 hours a week reading Attorney in Oregon. Green had spo- Lezak took the job. Then power files to find out what was going on ken with Multnomah County Circuit issues split the Oregon congressio- in the office. “It took me a while to Court Judge Herbert “Herb” Schwab nal delegation. Senator Neuberger learn that I couldn’t read everything and attorney John C. “Jack” Beatty, believed that Representative Green that came in.” Ed Luckey was known Jr., who both recommended him for was being given greater rights of rec- for personally signing every piece of the position. She told Lezak that his ommendation and patronage than was paper that went out of the office. “I name was at the top of a short list of she as a senator. Senator Neuberger had a completely divergent view. I candidates for the Oregon U.S. Attor- blocked all new Oregon appointments concentrated on working with the ney position. that required senatorial approval. people. And I think probably the first Initially he wasn’t interested in the Lezak recalled that “the battle raged, order that I made was that what was job. “I remember saying, ‘Look, I from about February to about July, in going out of the office, if a case [was] might only do it for a couple of years a set of events that I guess could be be[ing] handled by an assistant, was and I want to make sure that it’s called rather dramatic. I had at one to have the name of that assistant.” cleared’—I knew about battles within time said, ‘Look I just can’t take it Lezak had to navigate his role with the delegation. I said. ‘I want to make under these circumstances.’” He was the FBI. This was at a time when, in absolutely certain that my name is offered the appointment as Acting effect, there were two FBI operations completely acceptable to everybody U.S. Attorney which officially was going on. “You had that FBI opera- in the delegation,’” including Sen. an appointment as an Assistant U.S. tion which related to the courts and Maurine Neuberger, who had recently Attorney, with power designated by criminal charges or civil investiga- been elected to fill her late husband the Attorney General to act as U.S. tions in things like tort claims cases Richard Neuberger’s term. Lezak was Attorney. Lezak resented being made or applicant matters, and those things assured that it was. to look like a pawn in this game and the U.S. Attorney would be consulted As a young plaintiff’s lawyer, Lezak initially was going to turn it down. about…. we had a good deal of con- had received an AV rating fairly Then he said “To hell with it, I’ll do trol over what the FBI could do in quickly and he had tried cases against it.” On July 1, 1961, the 36-year-old that kind of case….the FBI could his primary supporters, Jack Beatty Lezak found himself sitting in the not bring complaints in criminal and Herb Schwab. “I had an opinion U.S. Attorney’s office as Acting U.S. cases without clearing with the U.S. of myself as a reasonably competent Attorney. In that capacity, he earned Attorney’s office.” There was another trial lawyer. I won my share of cases.” $15,000 a year, so the Sidney Lezak part of the FBI “which we called He had good results in cases before Bill was passed in Congress to raise the ‘deep snow boys.’ They were the two of the three federal court judges in his salary to the $17,500 he would COINTELPRO [Counter Intelligence Oregon: Judges Claude C. McCulloch have earned if he had come in as U.S. Program] unit and the U.S. Attorney and William East. He found Chief Attorney. The difficulties between had nothing to do with that opera- Judge Gus Solomon to be extremely Neuberger and Green did not resolve tion unless it resulted in a criminal difficult. “What little knowledge I had until 1964. Continue on page 10

www.usdchs.org Spring 2013 9 Attorney General Robert Kennedy for Sid Lezak the first time at his home in McLean, continued from page 7 Virginia. Due to the fight between charge.” During Lezak’s tenure, very Representative Green and Senator few criminal charges resulted from Neuberger, Kennedy had not met the activities of the COINTELPRO Lezak face-to-face up to this point. people. “Those things that may have Lezak lined up with the other U.S. been done were done simply because Attorneys to meet him. It was a hot they were supposed to be done away day and they weren’t wearing their from us, without notification to us coats. Lezak noted that the Attor- and, in fact, I’m sure the instructions ney General’s fly was unzipped. “But were to keep them from us.” all these other guys, many of whom A skit at the September 1961 Oregon Bar Convention. Future Oregon Supreme must have noticed the same thing Court Justice Edwin Peterson (second The Rule of Sidney’s Mother that I did, obviously didn’t say any- from left) sings into the mic while Act- On taking office Lezak told his thing about it—but I thought I was ing U.S. Attorney Lezak shows he is one of the “Good Guys.” Courtesy Oregon staff, “‘Look, my mother is a very doing him a favor. I told him his fly State Bar nice Jewish lady who has never, to was unzipped.” Kennedy took in the my knowledge, told a lie in her life…. information with a distinct coolness. Agent who was kind of a liaison to And I don’t want you to do anything Later that afternoon, as Lezak stood our office.” in this office that you wouldn’t want in a group talking with the Attorney Lezak told White that he would my mother to see on the front page of General and others, he heard some- investigate the allegations, “‘but I the Chicago Tribune.’…I said, ‘That’s one in the group say, “Fire David want to tell you, I cannot continue as the primary rule in this office. We Robinson.” U.S. Attorney, or running this office don’t have a lot of written guidelines David Robinson was an Assistant if my office is going to be run by the and ground rules, and I guess that if U.S. Attorney on Lezak’s staff. When desires of James Elkins, as to who you’re not the kind of person who can Portland went through a series of vice should be an Assistant U.S. Attor- appreciate and understand what that scandals between 1955 and 1958, ney….I’ll look into it, but I have to be means in terms of what your conduct David Robinson was vigorous in convinced that this is the right thing to is, then you probably shouldn’t be in prosecuting James “Big Jim” Elkins, do.’” White responded, “That’s fine.” this office.’” a prominent Portland gambling fig- On his return to Oregon Lezak ure. Elkins would later appear as had conversations with Portlanders Robert Kennedy/David Robinson a star witness for Robert Kennedy. in whom Kennedy had confidence. In August 1961, Lezak went to Vir- In 1956 Robert Kennedy was chief This group included Elkins’ own law- ginia for training with other recently counsel for a U.S. Senate committee yer, Walter “Cap” Evans, and also appointed U.S. Attorneys. He met investigating racketeering associated Bill Lambert and Wally Turner, two with Teamsters activity in California Oregonian reporters who won Pulit- when he learned about allegations of zer Prizes for their reporting on the corruption in Portland. Portland vice scandals. “When Bobby “I remember asking ‘Why?’ I was Kennedy came out to visit [October told there’d be some information avail- 1961], that fight had just then been able. I mentioned that I was really resolved. I’d just then been told, reluctant to do that.” The next day ‘Okay, you can retain David Rob- Lezak went into the office of Byron inson.’” In the interim, thinking he White, who was then the Deputy couldn’t win and that he was going to Attorney General, and was given a have to embarrass the administration, document “that only an extremely Lezak talked to Senator Morse, who bright person using the thinnest of encouraged him to stick to his guns. Attorney General Robert F. Kennedy (left) listens as his brother Pres. John reeds could put together as an enor- Lezak believed that Senator Morse F. Kennedy addresses a group of 90 mous conspiracy in Portland involving had let it be known that he “would U.S. Attorneys in October 1962. the federal judges, involving David raise one hell of a stink about this if Acting U.S. Attorney Lezak is circled. Photo by Abbie Rowe, courtesy of Oregon Robinson who had prosecuted this it happened. I think that may have Historical Society, Sid Lezak Scrapbook. fellow, involving Ron Sherk, an FBI helped clear it up.”

10 U.S. District Court of Oregon Historical Society Phillips v. the U.S.A. In 1962, a mail land fraud case Lifetime Member came into the U.S. Attorney’s office (356 F.2d 297. 9th Circuit 1965), the Ron Lansing: Showing Us His Love first remote land fraud case success- of Teaching Through His Artful Lens fully prosecuted in the U.S. Abraham By Jennifer Jill Esmay Koolish, who has been described as the father of U.S. mail fraud, sent ewis and Clark Law School Emeritus Professor of Law out brochures showing a develop- LRon Lansing graduated cum laude from Willamette ment called Lake Valley. It covered University College of Law in 1960 and was the founding 14,000 parcels of land in an area 22 editor in chief of the Willamette Law Review. He has been miles south of Burns, Oregon around chair of the Torts Section of the Association of American Harney and Malheur Lakes. Malheur Law Schools, faculty member of the American Academy of Lake was a swamp and Harney Lake Judicial Education, vice chair of the American Bar Associa- was dry, rarely did it have water in it. tion’s Special Committee on Law School Faculty Liaison, The case was tried in Pendleton and a member of the Portland City Club’s Research Board. with Judge John Kilkenny. Lezak In private practice 1961-67, he was the first executive director of the Oregon and Assistant U.S. Attorney Donal State Commission on Judicial Fitness and served on the Oregon Legislature’s Sullivan were concerned about fit- Law Improvement Committee. He has published several books: Juggernaut: ting all the people in the courtroom. The Whitman Massacre Trial, 1850, the account of the Whitman Massacre Thinking they were doing the court trial, (1993); Nimrod: Courts, Claims, and Killing on the Oregon Frontier, a favor, the night before the case they the saga of Oregon’s first reported murderer in the 1840s and 1850s (2005); started rearranging tables. “It’s about and Crystalling the Legacy: Stories and Reflections on the Accreditation Era 9:00 o’clock at night…and in walks of a Law School, 1965-74, the true story of the accreditation era of a law Judge Kilkenny, and you would have school (2011). He has more recently been elected to serve as a board member thought that we were sitting in his for the U.S. District Court of Oregon Historical Society. favorite lounge chair at home in front As an attorney and writer of history, Lansing has given his readers stories of of his fireplace. I have never had a law; and, as an artist, he has captured life. In addition to his life-long career stronger feeling about turf in my life. as a professor, he has created caricatures of faculty, colleagues, students, ‘WHAT ARE YOU DOING IN MY and friends. He also paints and sculpts the world around him—he is truly a COURTROOM?!’ It was like finding remarkable human being who has learned to put eloquent story to lessons of the bear catching Goldilocks.” law and art. He embraces the U.S. District Court of Oregon Historical Society After that rough start the case pro- because, “In the title of this organization, three words stand out as meaning- ceeded. The jury convicted Koolish ful: Society, Court, and Historical.” He went on to explain: “The value of and the case made a major contri- ‘Society’ means much to me because of its strength, friendship, and unity—all bution to the law. It was established essential to survival of personal spirit. The value of ‘Court’ means much to me that jurors or witnesses could get on because of its function within the separation of governance where the Judiciary the stand and tell the jury what their secures balance by measure of law. The value of ‘History’ means much to me impression of the land they were buy- because knowledge of where we’re headed is grasped by where we’ve been.” ing was, based on the advertisement We court the future, or brochure they had seen. The pur- Not the past; chasers of these parcels came from But we count on the past many places in and outside the U.S., To serve the future. and included people of different races Past is dusk and gone and national origins. During the pro- But is the way to dawn. ceedings Lezak asked Koolish how It is clear that Lansing has made many contributions to Oregon’s legal come, among these many purchasers, culture. He notes: “But head and shoulders above all of that has been my none were Jewish? “Too far from a job for 43 years as teacher of thousands of law students. The contribution is kosher delicatessen” was the answer vicarious—a dubious post at having known alumni when they were in law that became a byword for the family. diapers—an advantage that now allows me to share shamelessly in all of Part Two will be published in the their contributions, but not without bowing in respect and in pride for them.” fall issue of Oregon Benchmarks.

www.usdchs.org Spring 2013 11 The U. S. District Court of Oregon Historical Society 740 U. S. Courthouse 1000 S.W. Third Avenue Portland, OR 97204

Everyone has fun at the annual USDCHS picnic! Join us August 4,2013

Ofersf ic : Hon. Ann Aiken, Ex-Officio; President, Stephen Joncus; Vice President, Kathryn Roberts; Treasurer, Shannon Vincent; Secretary, Carra Sahler; Immediate past President, Kari Furnanz 2013 Board members: Hon. Thomas Balmer, Ex-Officio; Nell Brown; Hon. Anna Brown; Hon. Trish Brown; Tom Edmonds; Julie Engbloom; Jennifer Esmay; Hon. Dennis Hubel; Jenifer Johnston; Anne Marie King; David Landrum; Hon. Edward Leavy, Ex-Officio; Gary Liao; Colin Love- Geiger; Ron Lansing; Greg Miner; Mitzi Naucler, Ex-Officio; Bruce Rubin; Vicki L. Smith; John Stephens; Kara Tatman; Kerry Tymchuk 2013 Honorary members: The Belloni Family; Ernest Bonyhadi; Helen Burns; Randall Kester; Katherine O’Neil; Hon. Owen Panner; Hon. James Redden; Richard B. Solomon

The U.S. District Court of Oregon Historical Soci- ety thanks its lifetime members for their continued support of the mission of the Society and honors those lifetime members who are no longer with us.

2013et Lif ime Members: Jeffery Batchelor, Frank Bauman, Owen Blank, Hon. Anna J. Annual Picnic Brown, Helen Burns, Donald Cinnamond, Sarah Crooks, George and Jan Dysart, Paul Fortino, George Fraser, Edwin Harnden, Cynthia Celebrating Oregon’s Criminal Law Practioners Harrison, Douglas Houser, Hon. Robert Jones, Jenifer Johnston, Randall Kester, James Knoll, The Society will honor Oregon’s Criminal Law Practitioners at its Annual Hon. Edward Leavy, James S. Leigh, Nancy Moriarty, Jeffrey Mutnick, Elizabeth Newcomb, Picnic on August 4, 2013 at 1:00 pm. Verne Newcomb, Daniel O’Leary, Hon. Owen M. Panner, Hon. Edwin Peterson, Dian Rubanoff, The picnic will be held at Judge Leavy’s hop farm, located at 22675 Sarah Ryan, Thomas Sand, Arlene Schnitzer, Butteville Road, N.E. Come celebrate with us by enjoying an old- Norman Sepenuk, Arden Shenker, Hon. Michael Simon, Richard Solomon, Gayle Troutwine, fashioned barbeque, pony rides, inflatable jumps, tractor rides, and a Heather Van Meter, Norm Wiener, Timothy Williams, Kelly Zusman craft table all afternoon. 2013 In Memoriam: Hon. Otto Skopil RSVP to 503-326-8150 or [email protected] by July 26 Liaisons: Jan Dilg, Oral History; Jeanne Galick, with the number of adults and children in your party. Design; Adair Law, newsletter; Dana Vinchesi, USDC