the newsletter of the institute of judicial administration at the nyu school of law winter|spring 2019

IN THIS ISSUE Chief Judge Janet DiFiore, 1 Chief Judge Janet DiFiore Delivers IJA’s Brennan Lecture Court of Appeals, Delivers IJA’s 24th on State Courts and Social Justice— Annual Brennan Lecture on State Courts Nathan L. Hecht to deliver the 25th Lecture and Social Justice on “The Excellence 2 Effective Appellate Advocacy: Initiative and the Rule of Law” Views from the Bench and the Bar

he chief judge of New York State’s program focus was on court congestion and 3 highest court, the New York Court of delays making litigation time-consuming and 22nd Annual Employment Law Workshop for Federal Judges Appeals, delivered the 2018 Annual unaffordable for low-income, working families William J. Brennan Lecture on State and small businesses. Other changes include (1) Mid-Career Seminar for Federal T Courts and Social Justice to an establishing the nation’s first Bankruptcy Judges audience of judges, prosecutors, opioid intervention court link- 4 students, faculty, and lawyers. ing high-risk opioid-users to The US Court of Appeals for Chief Judge Janet DiFiore dis- intensive treatment within 24 the Armed Forces: An Article I cussed her Excellence Initia- hours of arrest; and (2) harness- Court in an Article III World tive, a system-wide campaign ing technology in by Judge Andrew Effron to promote efficient, accessible, Family Court to protect victims high-quality justice that pro- of domestic violence, includ- 7 duces fair, effective, and lasting ing instituting a remote order Remembrances: Stephen Shapiro, Mayer Brown & Platt outcomes for all litigants. of protection program where “We find ourselves living in a initial ex parte hearings may be 9 historical moment—a moment conducted via videoconference News from IJA’s Board, when the rule of law is threatened on many from safe havens. In the area of criminal justice, Faculty, and Friends fronts…,” said Chief Judge DiFiore, who noted recommendations for reform include expan- that when courts are efficient and accessible, sion of the state’s DNA databank and improve- 10 they then operate from a position of strength in ment of the identification procedures used by IJA’s 60th Annual New Appellate Judges Seminar defending our society against those who attack police and prosecutors. In November 2017, the our courts and judicial independence. administrative board of the courts adopted a rule 27 DiFiore announced the Excellence Initiative requiring judges presiding over criminal trials Spotlight on IJA 2018 shortly after she took office in 2016. The initial Continued on page 2. Summer Fellows 28 IJA in 2019! March 6 (Wednesday) July 14–19 (Sunday–Friday) Support IJA! IJA’s 25th Annual Brennan IJA’s 60th Annual New Check our website Lecture on State Courts Appellate Judges Seminar. for updates: www.law.nyu. and Social Justice, featur- For information and edu/centers/judicial ing Chief Justice Nathan L. registration: www.law. Hecht, Texas Supreme Court. nyu.edu/centers/judicial/ To register: http://bit.ly/ appellatejudgesseminar IJA2019BrennanLectureHecht 2 IJA Report / Winter | Spring 2019 I Ambro (US Court of Appeals for the Third Circuit), Pamela fortheThird Circuit), Pamela ofAppeals Court Ambro (US IJA To Goes Washington, DC Continued fromcover.Continued Samuel Estreicher, Troy McKenzie and Oscar Chase. Chief Judge DiFiore with IJA Faculty Directors: Professors fivebefore his onthe Court Supremeyears (Kirkland &Ellis), Jonathan Hacker(O’Melveny &Myers), mended the IJA lecture noting, “It is indeed inthestate “Itisindeed theIJAmended noting, lecture in honor of Justice William Brennan,named who served candidly theirviewsonwritten shared andoralappel by theEdward Appellate Coke event was co-sponsored vasan (US Court of Appeals for the DC Circuit), Thomas fortheDC ofAppeals vasan Court (US justice system.”justice appointment to the US Supreme Court. DiFiore com to Supreme theUS Court. appointment and responsibilities. Roy McLeese III ’85 (DC Court of Appeals). The judges Thejudges ofAppeals). III’85 Court (DC Roy McLeese fortheFourth Circuit), and ofAppeals Court Harris (US inanoverflowing andattended by Inn ofCourt room courts thattheaveragecourts withthe Americaninteracts obligations oftheirprofessional counsel defense to issue standing orders advising prosecutors and orders advisingto standing prosecutors issue around 100 people. from the Bench andthe Bar Courthouse, US Court of Appeals for the DC Circuit. The for the DC of Appeals Court US Courthouse, members: former US Solicitor General PaulD. General Solicitor formerUS Clement members: late advocacy, forwhatadvocatescando includingtips to help the bench with a difficult statute, withadifficult to helpthebench viewsonamici briefs and footnotes, and disclosing certain “pet peeves.” certain anddisclosing briefs andfootnotes, Judicial panelists wereJudicial panelists PatriciaMillettandSriSrini IJA’s is courts celebratingstate series annuallecture The barwas by IJA Board represented Advisory JA five andfour assembled veteran judges appellate appellate advocates foraninteractive advocates appellate discussion in DC entitled entitled in DC

Effective Effective Appellate Advocacy: Views , at the E. Barrett Prettyman Barrett , attheE. - - -

Chief Judge DiFiore listens to audience members. A standing ovation for Chief Judge DiFiore’s address. (Morrison &Foerster). Theveteran advocates shared their (Morrison views and experience on a range of issues, suchasselect ofissues, onarange views andexperience Robert Long (Covington & Burling), and Deanne Maynard andDeanne (Covington &Burling), Long Robert for oral argument, and how to handle “bad” facts. for oralargument,andhow to handle“bad” ing issues for appeal, structuring ofthebrief, structuring preparing forappeal, ing issues

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The workshop addressedThe workshop issues all judges common to Southern District of Iowa), as well as New York Southern York Southern as New as well District of Iowa), the USthe District Court Southernthe for District New of transgender rights, medical issues and disability in the of Texas), and Helen Adams (US District Courtof Texas), the of of Appeals for the Fifth Circuit, to evolving issues of Appealsevolving of to the Fifth Circuit, for analyticsdata managementin decisions, electronic and Other faculty judges included: Shwartz Patty discovery. a foot cast keep to her speaking engagement. featuring Carl the Honorable E. of the US Stewart Court how judges can acthow as change appropriately agentstheir in courtrooms, their courts, within the legal community and in society generally. as appliedas bankruptcya in in setting, ways the as such and technical, socialwhich scientific, economic, com plexity challenges make informed judges’ ability to and bank a appliedas decisions,thoughtful to instance, for of assets. valuation Chief Judge Robert ruptcy court’s SecondKatzmann of the joined Circuit exploringpanel a District judges, Kevin Castel, John Koeltl, and LauraDistrict and Koeltl, Castel,judges, John Kevin District, in the snow who trudged through precariously Blake (USBlake District Court Districtfor the Maryland),of Lee Rosenthal (US District Court for the Southern District workplace, evolving workplace technology, the use of technology, workplace evolving workplace, (US Court of Appeals Catherine Circuit), for the Third Taylor Swain, and, finally, Kiyo Matsumoto of the Eastern Kiyo and, finally, Swain, Taylor York (SDNY), and “Retaliation and Whistleblowers” Whistleblowers” and (SDNY), “Retaliation and York

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JA hosted 35 around federal judges for the Federal JA Mid-Career Center’sJudicial (FJC) Seminar for US at 2018, Bankruptcy 14–16, Judges on November for Federal Judgesfor Federal in cooperation with the Federal JA hosted its 21st Annual Employment Law Workshop hosted Workshop its Law JA 21st Annual Employment the NYU Center and for Labor CenterJudicial (FJC) The workshop provides the opportunityThe workshop for federal side attorney, and an experiencedan and management-side side attorney, staff (from hospitality, security, and audio visual) braved braved visual) and audio security, hospitality, staff (from this annual workshop. is panel Each practicalthem. gain managing for insight to the elements or lodged in dorms overnight to ensure IJA IJA elementsthe ensure lodgedor to overnight dorms in comprised of a federal an experienced judge, employee- could host 35 around federal for judges in town already attorney. Subjects ranged staples from such as “Implicit attorney. and elements of labor cases, and employment as as well and Employment Law on March 21–23, 2018. Despite a 2018. on March 21–23, Law and Employment NYU faculty and the program University, York all of New judges the country around from learn to about updates major snowstorm that shut down much of the city and shut down major that snowstorm distinguished judges, such as bankruptcy judges Chief (Bankruptcy DPR) and James CabánJudge Mildred ’86 (Bankruptcy SDNY).L. Garrity Jr. McKenzie ’00, who is a member of the FJC Bankruptcy who is a member of the FJC McKenzie ’00, Educationalsoprogram the Committee, featured NYU Senior Fel as NYU Law Professor as well Law Barry Adler, Gonzalez Bankruptcy Chief Judge, (Retired Arthurlow J. SDNY). led a faculty of by In addition, the program was November 14–16 November Director Troy Faculty Coordinated IJA by NYU Law. IJA Hosts the ’s Mid- Center’s Judicial the Federal Hosts IJA BankruptcyCareer Judges Seminar Federal for Bias” featuring the Honorable Lorna G. Schofield ’81 of Schofield featuring the Honorable LornaBias” G. Rain or Shine: IJA Co-Hosts or Shine:Rain theIJA

I I 21st Annual Employment Law Law Employment Annual 21st Workshop For Federal Judges Federal For Workshop 4 IJA Report / Winter | Spring 2019 The Court of Appeals ofAppeals The United StatesCourt A This article provides abrief ofAppeals tothe introduction Court US forthe Armed Forces for the Armed Forces:for theArmed I AnArticle (1) The military commanderplays role (1) Themilitary animportant judicial review ofcourts-martial. (USCAAF)—“an independenttribunal established underArticle Iofthe Constitution.” is composedoffivecivilianjudges,15-yearPresident appointedby for the terms,Senate subjectto Uniform Code of Military Jus ofMilitary Uniform Code at: https://jsc.defense.gov/ Justicemaintainslinksto theMCMandrelated documents on Military at 10 UCMJ iscodified U.S.C.Committee §§801-946a;Service the Joint 5 I,§8,4 Art. cl.13. Forces, fortheArmed 1775-1980Appeals (2001),chs.9-10. 3 dure (2018),§18-5(A). 2 1 S.Rep. No. 101-81 at171(1989). familiar to civilian practitioners, forces. Courts-Martial (MCM),primarily Courts-Martial rules governing self-incriminationrules warnings, whilein are viewed asmore protec procedures justice military of evidence and procedure rules many ofthecriminallaw practices involves theexercise ofjurisdic whichisgoverned by the martial, Overview based in large part upon the fed upon part in large based and doubt, beyond areasonable and seizure. protective,as less governing such as therules search confirmation. context of issues that frequently arise in appellate review: inappellate thatfrequently arise context ofissues are viewed procedures justice military respects other respects, Insome applicableincivilian courts. eral rules tive of the accused than civilian procedures, such as the suchasthe tive thancivilian procedures, oftheaccused tion over ofthearmed members for andtheManual tice (UCMJ) tion ofthelandandnaval Forces.” Court In An Article IIIWorld InAnArticle Court such as notice of charges, proof ofcharges, such asnotice by Judge Andrew S. Effron by Judge Andrew S.Effron See See See See Five are noteworthy differences particularly inthe Schlueter, supranote2, §1-7 system). The (overviewofthepresent JonathanJustice inAmerica:TheU.S. Lurie, Military of Court David A. Schlueter,David andProce CriminalJustice:Practice A. Military

5 A court-martial employs make Rules for the Government andRegulamake Rules fortheGovernment court-martial is a trial forum established under court-martial is a trial forum established the constitutional authority of Congress “To authorityofCongress the constitutional 6 2 Congress established Congress the inthe Court aftermath ofWorld War IItoprovide civilian - - - 4 The modern court- Themodern 3

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The evolutionoftheArticle I—Article IIIrelationship (such as punitive discharges, forfeiture(such aspunitive ofpay, discharges, andreduc 7 available at:http://ogc.osd.mil/mjrg.html andcivilianbetween criminallaw military of thedifferences practices), islative (Dec.22, §B(providing description 2015), adetailed Proposals 6 referred to a court-martial, selecting the military per the military referred to a court-martial, selecting review of court-martial cases, particularly with respect with respect particularly review of court-martial cases, panel, and taking post-trial clemency action; (2) action; the clemency panel, andtakingpost-trial applies when assessing the application of constitutional when assessing applies exercising shouldbe asto discretion whetheracase to constitutional issues involvingto issues between constitutional differences system. justice inthemilitary guarantees adeferential ofreview standard tion inrank);and(5) sonnel who will function asjurors onacourt-martial whowillfunction sonnel system frequentlysystem plays role injudicial animportant in militaryjusticecases See, e.g., Parker v. Levy See See The historical development justice of the military

generally Report of the Military JusticeReview Group, oftheMilitary generally Report I:Leg Part (the intermediate appellate courts) do not (the intermediate courts) appellate have (3) courts- terms statutory of office; fixed ofCriminalAppeals level andattheCourts martial may impose both traditional criminal traditionalcriminal both maymartial impose such as unauthorized offenses, military murder, rape, androbbery, aswell asunique thatincludeboth considercharges martial atthetrial judiciary ofthemilitary members punishment) and unique military penalties penalties punishment) anduniquemilitary capital (suchasconfinement,fines, penalties absence, disobedience oforders, andderelic disobedience absence, tion in the performance of duties; (4) ofduties; tion intheperformance courts- traditional criminallaw suchas offenses, , 417U.S. (1974). 733 1 The Court TheCourt 7 - - - -

law.nyu.edu/centers/judicial 5 - - - - 11 9 In a case addressing the relation 10 , 346 U.S. 137 (1953). , 346 U.S. , 395 U.S. 683 (1969). U.S. , 395 During the initial period of direct the by judicial review Although commandersAlthough important retained powers Burns v. Wilson v. Burns Noyd v. Bond v. Noyd the Supreme Court.the Supreme ship between direct and collateral review, the Supreme the Supreme ship between direct review, and collateral tice system had undertakentice system and fair consideration of full to all the armed all further forces—theto was UCMJ—which trial, select panel members, post-trial clem and provide and post-trialthe legality of pretrial actions military by the USCAAF) the intermediate decisions from review to courts, issue to binding rulings with the power on issues Congress expressly addressed In 1968, the status of law. of the Court, in statute that the Court providing was established under Article I of the Constitution, and that jurisdictional beyond review collateral issues include to consideration of whether the courts the military in jus- constitutional claims. ency in certain cases), the actions of commanders were officer (designated as the militarypresided 1968) judge in Congresscommanders. established independent an court,civilian the Court of Military Appeals (currently authorizing issuance of writs in specified circumstances against unlawful command influence. A legally qualified command influence. against unlawful judicial rulings issue definitive to at trial, with the power and instructions.desig The Boards (currently of Review under the UCMJ (including the authority to refer cases refer authority to UCMJ (including the under the to judicial review endedjudicial review with the Court of Military Appeals. but also from the All Writs Act, 28 U.S.C. 1651(a), a statute Act, 28 U.S.C. but also the All Writs from courts established “all Actby by of Congress.” binding legal decisions, decisions including addressing it was located “for administrative purposes locatedit was “for administrative only” in the refined in 1968 during the Vietnam War to enhance the to War the Vietnam 1968 during in refined responsibilities of the military judiciary. subjectnow at the trial and appellate judicial review to nated the Courts as Appeals) of Criminal conducted inter issue to with the judicial power mediate appellate review, Congressestablished jurisdiction Court Supreme the in CourtMilitaryof Appeals, Court Supreme the expanded the by powers Courtjudicial of exercise the approved Court of Military Appeals, concluding that the Court of level, and were further constrained and were prohibition a new by level, 9 Public Law, 90-340, 82 Stat. 178 (currently codified at 10 U.S.C. § 941 941 § U.S.C. codified Stat. 17810 82 (currently at 90-340, 9 Public Law, (art. 141). 10 11 Under the UCMJ as originally enacted in 1950, direct enacted the UCMJ as originally in 1950, Under In 1983, at the request at the Department of the In 1983, of Defense, Department of Defense. Military Appeals drew its powers not only from the UCMJ, MilitaryUCMJ, the Appeals from its not powers only drew 4. 1983 to the present—direct appellate review in 4. 1983 to the present—direct

------8 Lurie, supra note 3; Schlueter, supra note 2, § 1-6; Mili supra note 2, supra note 3; Schlueter, Lurie, See generally Some higher authorities cases to submitted for were structure evolved over four different four different periods. over structure evolved groups, bar associations, and others expressed dissat tices led to internal reforms in the Army, followed by by followed tices in the Army, reforms led internal to the court-martial panel, conducted post-trial review, and panel, conductedthe court-martial post-trial review, qualified counsel; with the interjection of command of acquittals, and post-trial consideration by Boardsof acquittals, and post-trial consideration by of conscripted military into service, publicized highly aboutcontroversies the fairness of military justice prac Articlescongressional of War the Army’s amendments to courts challenges considered collateral courts-martial, to could return acquittals to the panel for reconsideration. to acquittals could return direct judicial authorities. appellate by review Article III addressed these enact post-war two concerns through at the end of the war. During and after the war, veterans’ veterans’ During the war, and after at the end of the war. a legally trained presiding review officer; with trial and as the presiding officer), a prohibition on reconsiderationprohibition on as the presiding officer), a a memberthe panel in general of courts-martial (but not appeal. A commander referred cases appeal. referred appointed commander A trial, for 2. 1920–1948—The Initial Reforms. 2. 1920–1948—The process; and with no direct judicial review. Congress process; and with no direct judicial review. procedures participation the not did that require legally of person, the the offense, and sentence. ments—amendments to the Army’s Articles of War in in Articlesments—amendments the Army’s of War to isfaction with trials conducted with a system without nature and could benature rejected senior by officials. in 1920 that provided for a “law officer” for a “law that provided to participate as in 1920 review, but none of the post-trial proceedings involved post-trialthe of none but proceedings involved review, military justice system operated without a requirement military practices.civilian and appellate The current 1. 1775–1920—The Historical Foundation. 1775–1920—The 1. form. The services conducted 1.7 million courts-martial,form. The services conducted 1.7 focusing narrowly on matters of jurisdiction focusing the narrowly over for legally qualifiedfor legally judges counsel or trial and on at 3. 1948–1982—Judicial Review at the Trial and at the Trial Review 3. 1948–1982—Judicial 8 Rosen, supra note 5, § A, D. pt.tary 1; Richard Group, Justice Review CourtsCivilian and the Military of Justice System: Collateral Review The Library 5 (1985). of CongressCourts-Martial, main Mil. L. 108 Rev. and regulatory source materials containing legislative tains a website on military justice: https://www.loc.gov/rr/frd/Military_Law/military- legal-resources-home.html In World War II over 16 million Americans servedover II in uni War World In Review in cases involving higher levels of punishment. of higher levels in casesReview involving During World War I, which involved many civilians civilians many I, which involved War During World From the Revolutionary War through World War I, the War World through War the Revolutionary From with over 100 executions, and with more than 45,000 45,000 than more with and executions, 100 over with Appellate Levels. Appellate The opinions of the Board of Review were advisory were Boardin the of opinions The Review of views of the meritsthe of views casea of court-martial the during 1948 and a comprehensive revision in 1950 applicable applicable in 1950 revision and a comprehensive 1948 American service members in confinement remaining 6 IJA Report / Winter | Spring 2019 greatly restricted court-martial jurisdiction over servicemembers). court-martialjurisdiction greatly restricted Parker 16 invokedaccused during interrogation). therightto counsel 15 14 S.Rep.13 No. (1983). 98-53, at8-9 1012 U.S.C. §867a(a)67(a)); (art. 28U.S.C. §1259. for decisions denying discretionary review). denyingfor decisions discretionary important decisions addressing self-incrimination, addressing decisions important jurisdiction over the USCAAF sparingly butto over great theUSCAAF jurisdiction by system includingaprovisionjustice thatseparated inthemilitary courts oftheappellate judicial powers actions inthenature ofclemency.actions accompanyinga 1983 thelegislation: report congressional effect. On direct review the Supreme Court has issued hasissued Court review theSupreme Ondirect effect. from theexecutiveof theproceedings power to take the judicial power to issue final rulings on the legality the judicialpoweronlegality tofinalrulings issue (except Appeals ofMilitary from theCourt to review cases United Statesv. Davis See id.See Solorio v.Solorio United States The Supreme Court has exercised its appellate its hasexercised The Supreme Court In the same legislation, Congress underscored the underscored Congress legislation, In thesame There is no other agency ofgovernmentThere agency whose isnoother Martial and departmental regulations, and to and departmental Martial Court, but he could not obtain Supreme Court review. Supreme Court obtain buthecouldnot Court, thattheCourt Thismeans Appeals. ofMilitary Court regulations can be ruled to be unconstitutional by unconstitutional a to ruled be regulations canbe with mightconsiderinconsistent discipline, military vitalto onanissue in amannerthatthePresident, interpret provisions oftheUCMJto require proc- mount acollateral a attackathisown expense, [T]here is no present authority for either party to seek authority[T]here to for either seek is party no present judicial body that is not subject to review by subject that the is not judicial body awillingness judicial tribunal.Ithasdemonstrated amendment ofthestatute. However, of theabsence a development isanaturaloutgrowth ofthecreation from adverse nojudicialrecourse absolutely of constitutional lawof constitutional interpreting aruleorstatute canrenderasamatter adecision Appeals of Military by judicialreview the ofadecision obtain cannot grounds, or interprets onnon-constitutional astatute overturns arule of acivilian tribunal.WhentheCourt limitations. Such requirements or toedural impose ... decisions. costly endeavor,difficult and butthe government has may The accused attempt Appeals. toof Military by review theCourt ofdecisions Supreme Court direct the intent of Congress ortheviewsofSupreme the intent ofCongress an canamendtheruleorseek the President to down strike provisions for Courts- of the Manual Supreme Court. thatthegovernment review means Supreme Court , 3995 U..S. (1969), 258 acollateral thathad review case The Court of Military Appeals is an independent isanindependent Appeals ofMilitary The Court at24-25. , 512 U.S., 512 (1994) 452 (considering whetherthe 13 , 483U.S. (1987) 435 (overruling 14

12 O’Callahan v. As noted in in noted As 15

*The author,*The ina Judge variety Andrew hasserved Effron, Appeals forthe Armed Forces; general counsel and minority Office of General Counsel; judge in advocate theOffice of Army; ofDefense inthe Department Group; attorney-advisor Seminar in1997,Seminar andrecently participatedatNYUina School. He attended the NYU-IJA New Appellate Judges joined by Justice Gorsuch, dissented. dissented. by JusticeGorsuch, joined majority,judge additionalviews, expressed supranote20,21 Ortiz, at2173. theseven- Justice Thomas, whojoined 520 U.S. 651(1997), v. andOrtiz S.Ct. United 138 States, 2165 (2018). 20 influencejudges.”).improper over military any vigilanceinchecking its to hasdemonstrated attempts exert Court 15 forfixed Thatterms of entirelyyears. whoserve ofcivilian judges whichiscomposed Appeals, onthe role ofthe“Courtin part ofMilitary judiciary, ofthemilitary regardingchallenge theindependence relying 19 a writconcerningcourt-martialcase). United Statesv. Denedo and a writinanadministrative regulatedundertheUCMJ) not action 18 authority). delegated congressionally under ofaggravating capitalcases prescription in military factors 17 with Professors Richardwith Professors Epstein andTroyMcKenzie ’00. is a graduate of Harvard College, School, Harvard Law panel discussionofthe Article I–Article IIIrelationship late practice Washington at the George University Law andappel law Center University atthe Law Georgetown involving Article I courts, the Supreme Court concluded concluded involving theSupreme Court Icourts, Article reviewing thehistorical background andtheprecedents counsel of the Senate Armed Services Committee;counsel direc of the Armed Senate Services of judicial, legislative, andexecutive positions, including tor of the Department of Defense Military Justice Review Military ofDefense tor ofthe Department service asthe chiefservice judge ofthe United of StatesCourt judicial process inwhichcivilian review is appellate judicial process After III of the Constitution. in Article clause jurisdiction reviewed undertheappellate be by theSupreme Court ofcourts-martial, jurisdiction an adjunctprofessor, hehastaughtcoursesinmilitary and the Judge General’s Advocate Army. School, US As and legislative aideinthe House ofRepresentatives. He accomplished by an Article I court, the USCAAF,accomplished by I court, an Article subject to review the of decisions the jurisdiction, court appellate clause. and theappointments of theUnited States. of court-martial review from acommandactivity to a of authority under the All Writs Act, to final review by an Article III court, the Supreme Court Court theSupreme to IIIcourt, final review by anArticle inthe exercising court-martial system enable this Court, of pedigree andconstitutional that “thejudicialcharacter I–Articlethe of Article con III relationship in the course sitting at its apex.”sitting atits could from theUSCAAF appeals sidering whetherdirect Loving v.Loving United States Clinton v. Goldsmith Weiss v. United States Ryder v. United States In its most recent term, the Supreme Court examined examined term, recent theSupreme Court most In its , 520U.S. 529 (1999) of (precludingtheissuance , 556 U.S., 556 904 (2009) (approving of theissuance , 510 U.S. 163 (1994) adueprocess (rejecting 21 , 515 U.S., 515 717(1995), , 517U.S. 748 (1996) presidential (sustaining The decision reflects theevolution reflects Thedecision 16 capitallitigation, Id. 20 at2189-2206.

id. Edmond v.Edmond United States 2184-89. JusticeAlito, 18 due process, 17 the scope thescope

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law.nyu.edu/centers/judicial 7

- - - - Within only a few short years of a few short of Within only years also helped at least recruit eight for mer assistants the solicitor to general, Kathryn Oberly, including Mark Levy, Charles Pincus, MichaelAndy Rothfeld, heavyweights from the SG’s office, as office, the SG’s from heavyweights professors and Supreme as law well Court clerks. helped Steve office, the SG’s leaving three other Brown attractto Mayer to former deputy solicitors general: Paul He Geller. and Ken Frey Andy Bator, Dubbed Solicitor the legal media by as the “shadow Meanwhile, along with Robert Stern and Ken Geller, Geller, along with RobertMeanwhile, and Ken Stern experienced competitors. Brown soonMayer became apower office,” General’s house of appellate litigation. As a result of our multi- unique among was approach—which team talented appellate practices for a quarter century—the Firm established in the Supreme track record an enviable Firm have the from Court. October lawyers on, From 1986 Kellogg, Englert. Sloan, Cliff Roy Larry and Robbins of talented former US CourtA cadre Supreme and appeals court clerks also joined part current the Firm, including contin Tim Bishop and Don Steve Falk. Tager, ners Evan ued take the lead in building the practice, helping to to Michael McConnell, Arthur Miller, add Philip Lacovara, others, among Himmelfarb, Dan and EugeneVolokh Courttogether former US with numerous Supreme and all-star Brown’s Mayer appeals court clerks. As of today, alumni of the boasts of appellateteam attorneys SG’s five knowledge. any to our other firm, than office – more as reputation Brown’s began bolsterSteve to Mayer a leader in appellate authoring the “bible” advocacy by Court of Supreme as Supreme simply practice. Known Court Practice, this treatise, which soon will be pub- lished in its 11th edition and is co-edited Tim by S the by cited routinely is Bishop and Dan Himmelfarb, Courtupreme itself our most and is a resource even for - - - After rejoining Mayer Brown in 1982, Steve approached Steve in 1982, Brown Mayer rejoining After In 1978, Steve left Mayer Brown to join to the federal Brown left Mayer Steve In 1978, I will get to Steve’s professional professional Steve’s get will I to As we work to come to grips to come thewith to work Aswe advocacy. But Steve was about change was to all that. But Steve advocacy. leadership and proposed build that the Firm the Firm’s with office, an appellate practice modeled the SG’s after special substantive various develop who would lawyers soonties. Steve began and former current recruiting the SG’s office was structured office with a general solicitor the SG’s and four deputy solicitors general, managing the work for ready were When the lawyers of about 20 lawyers. oppor few comparatively were there change, career a practice appellatetheir continue to tunitiesin private small, but it was quite sizeable quite at the time—mostsmall, but it was firms devoted that handled appeals had just a single lawyer the work, becauseto handled customarily trial litigators appeals.their own Washington At that time, DC. office in Solicitor General’s embodied our core commitment to collegiality. Turning embodied collegiality. commitment to our core School Law Yale graduation from Upon career: Steve’s to served He Steve as a clerk in the Ninth Circuit. in 1971, of one was he where Platt, & Brown joinedthen Mayer, That number might seem just three appellate lawyers. everyone he met. He was a titan in his he met. He was everyone with field, but without exception, he treated everyone respect peo so many and kindness. days In the past two stories shared have Brown, inside and outside Mayer ple, them with little acts touched and gestures Steve of how bornegoodwill his of others.for concern and truly He Mayer Brown. Mayer accomplishments More in a moment. Steve’s was view, significant, in my unflagging courtesy kindness and to Dear Colleagues, shocking loss of our partner and friend, like earlier week, this I’d Shapiro, Steve passto along some reflections on Steve’s singular legacy in our profession and at Steve was a valued adviser to IJA and dedicated supporter of IJA’s mission of promoting access to of promoting mission dedicated supporter of IJA’s and adviser to IJA a valued Steve was for IJA York New to injury him from traveling a back prevented down only when stepping justice, Brown, of Mayer chairman the by Paul Theiss, written Shapiro to Stephen is a tribute events. Below firm. law of that permission with and reprinted Stephen Shapiro Remembered Shapiro Stephen of our good loss member, and former board friend the to learn of and saddened shocked was IJA solicitor general deputy a former attorney, appellate a consummate was M. Shapiro. Steve Stephen years, many For Brown. at Mayer groups Court practice appellate and Supreme and founder of the 8 IJA Report / Winter | Spring 2019 Supreme Court bar.Supreme the chair of Court Gershengorn, Ian Heath SG’s office, cited Steve’sestablishing the central role in withStevechairman ofSidleyAustin inthe whoserved barisheart-stricken.”Court theformer Phillips, Carter entire Supreme “The said, Lovells, atHogan a partner NealBrown. Katyal, General Former Solicitor now Acting confirms thathislegacy was hardly limited Mayerto two days—including many lawyers fromfirms— other barinthepast andappellate from theSupreme Court ofsympathythe astonishingoutpouring andsupport won, naturally. He Supreme Court. argumentintheUS the industry’s law to present selected firmparticipating—Steve was major every virtually bubble—with during thedot-com issued violationsover andantitrust IPOs for securities waswhen theentire investmentsued bankingindustry Circuit, onAugust 2. Hewas heldinsuchhighregard that the country. theSixth before appeal, hislast Heargued around more appeals andcountless the Supreme Court, more than 30before andargued more than200cases and antitrust. securities actions, class tion, preemption, the law aspunitive insuchcriticalareas arbitra damages, Steve, Mayer intransforming succeeded Brown hasalso to applied private model term. WiththeSG by practice inevery intheSupreme Court onecase atleast argued We allknewSteve was agiant inhisfield.However, Steve was himself indefatigable. Intotal,hebriefed IJA Faculty Directors: Oscar Chase,Samuel Estreicher, and Troy McKenzie Presented by theInstitute ofJudicial Administration Wednesday, March 6 ItWhat Means, How and We Keep It Judiciary: Independent An Greenberg Lounge Social Justice Social State Courts and IJA’S 25TH ANNUAL BRENNAN LECTURE ON LECTURE IJA’S BRENNAN 25TH ANNUAL -

in his youth and, while an undergraduate at Yale, won group nationalage swimmingchampion a three-time went all the way back to his days Steve as a student. was bythe filing. Thisdedication tofitness, draft court way, opinionor bikewhilereading arecent court stationary ofourofficebuildinginChicago,the 2ndfloor his riding himinthegymon ofall,seeing most Brown; andperhaps Mayer that isgreat about for everything passion partnerly intheroom” never likeit;Steve’s person “smartest acted where timeIfeltappreciative each thattheproverbial ofthedaywith Steve Mayer issues andabout about Brown, ofhim.Forrecollections my conversations Iwill miss part, have myself. itbetter said as he was a lawyer.” a person good I certainly couldn’t himaskind,humble,they haveand“as described also energy,with tremendous creativity andunbounded but have thatSteve was only atowering not observed intellect, as a“giant in thefield.” andco-counsel clients Judges, Steve Jenner &Block’s described practice, Supreme Court and inthebroader community. We him. willmiss He was truly aremarkable man. inTel Games intheMaccabean Aviv,competing Israel. team ontheUS aspot securing championship before inthenationalAAU medal a bronze men’s swimming Retired Chief Justice,Texas Supreme Court Baker Botts LLP Introduction by Hon.ThomasR.Phillips Chief Justice,Texas Supreme Court Hecht Hon. NathanL. Everyone who knew Steve has his or her own personal Everyone whoknewSteve hashisorherown personal With best regards, Paul With best Steve hasleftawonderful here atMayer legacy Brown

Registration required: [email protected]

| 6:15–7:30 p.m.

law.nyu.edu/centers/judicial 9

, - - - - ll m ar ’00 New New t use t utlets. Chief Judge ’s sma ’s Lauren Lauren ulty Award. c by the the by Volume in Volume (US Court of (US 018 ecision on the US Troy McKenzie Troy zmann r, Justices Ruth Bader Justices Ruth their 2 . IJA Executive Director Director Executive . IJA ation (LACA) Fa ation (LACA) (Jones Day) and Day) (Jones i recto Annual Survey of American Survey of American Annual ated and other major news o news major other and c ls for the Second Circuit) for his ls for the Second Circuit) an commercial fisheries fisheries tha an commercial ngered vaquitas, the world vaquitas, the ngered dedi ea ngtime AJS faculty member https://www.justsecurity.org/61550/ Meir Feder pp JA Faculty Di Faculty JA was the recipient of the 2018 Law Alumni Alumni of the 2018 Law was the recipient imports on fish and fish products fro products and imports on fish fish honor of AJS Faculty member honor of AJS Faculty gillnets within the area of the highly of the highly gillnets within the area Mexic Law’s NYU Lo I enda est porpoises, was reported schol education, to dedication legal of Color Assoc of Color Court of International Trade to block block to Trade International of Court Law A York Times York Gary Katzmann’s d Judge Robert Kat Robert Judge (Mayer Brown) were recognized as New York York as New recognized were Brown) (Mayer Chief Judge Robert Katzmann Robert Chief Judge for All: Courts and the Community,” held its opening cer held for All: Courts and the Community,” leagues, including US Supreme Court Supreme US including leagues, initiative of the Federal Courts of the Second Circuit, “Justice “Justice Courts of the Second Circuit, of the Federal initiative scholars, immigration rights advocates, and judicial col judicial and advocates, rights immigration scholars, ship, and immigrants’ rights. At the March 6 dedication held held dedication 6 March the At rights. immigrants’ and ship, birthright-citizenship-children-unlawful-u-s-immigrants- . remains-open-question/ . 2018 Super Lawyers Metro at NYU Law, tributes to the chief judge were given by legal legal by given were the chief judge to tributes Law, at NYU IJA Board Members Members Board IJA emony on December 10, 2018. Justice for All is an initiative on Decemberemony 10, of of Schulte, Roth & Zabel). “Birthright Citizenship for Children Children for Citizenship “Birthright & Zabel). Roth Schulte, of Question,” an Open Remains Immigrants U.S. of Unlawful Moosmann (’19), was published by David with co-authored sits on the center’s advisory committee. Whitman sits on the center’s Torrey ’97 Goldman . video) and Sonia Sotomayor (via pre-recorded Ginsburg The Learning component of the civic education Center Just Security online: , March 19, 2018, p. 3 (with co-author Holly H. Weiss H. Weiss Holly 3 (with co-author 19, 2018, p. Journal, March - - - - -

’s Journal Journal Scott H. H. Scott ,” 4 ,” New York Law Law York New (forthcoming, (forthcoming, NYU Annual Survey Annual NYU ’s arti- Oscar Chase’s Samuel EstreicherSamuel , was awarded the the was, awarded Law University Law Rutgers Epic Systems v. Lewis Systems v. Epic the features of his new role is helping is helping of his new role the features inter-agency the federal administer to ing a professional with outstanding with outstanding ing a professional prestigious New York Law Journal Law York New prestigious (NYLJ) Evan Chesler ’75 Chesler Evan wasthe in published as assistant general counsel. One of counsel. One of as assistant general achievements year in and year out and year achievements Deposit Insurance Corporation (FDIC) Corporation Deposit Insurance President of the IJA Advisory Board, Advisory Board, of the IJA President recogniz Award Lifetime Achievement IJA Advisory Board member, member, Board Advisory IJA recent publications include: “Issue “Issue include: publications recent after after Foundation of ‘“Registration’” Statutes” Statutes” of ‘“Registration’” Foundation Preclusion in Employment Arbitration Arbitration Employment in Preclusion IJA Faculty Director, Director, Faculty IJA IJA Faculty Director, Director, Faculty IJA , has joined the Federal , has joined the Federal ’97 Christensen cle “Consent to Judicial Jurisdiction: The Judicial to “Consent cle , Vol 73 2018 Issue 2. , Vol Law of American of Law & Public Affairs Public & Law of 2018), co-authored with Lukasz Swid 2018), co-authored (California Court of Appeal, Fourth Appel (California Court of Appeal, Fourth of the US Court of AppealsCourt of Circuit,Sixth the for US of the , Vol. 7, Winter 2018, Issue 2. Column “SCOTUS to to “SCOTUS Issue 2. Column 2018, Winter 7, , Vol. two administrative law judges. OFIA hears matters referred by referred matters OFIA hears judges. law two administrative of the Office of the Comptroller Reserve, the FDIC, the Federal Union Administration. and the National Credit the Currency, was interviewed as a “Legend in the Law” in was as a “Legend AJS alumna interviewed by tice of law over an entire career. an entire over tice of law who makes an impact on the legal community and the prac community on the legal an impact who makes ter Empirical Research,” co-authored with Michael Heise with Michael Heise co-authored Empirical Research,” ter to Independent Truckers” appeared in the appeared Independent Truckers” to late District) at the National Association of Women Judges’ Judges’ District) at the National Association of Women late Daughtrey Daughtrey annual conference. and David Sherwyn, published in and David Judge Martha Craig Martha Craig Judge Longtime AJS faculty member, Decide If Exemption for Transportation Workers Extends Extends Workers for Transportation Decide If Exemption erski. “Evaluating Employment Arbitration: A Call for Bet for Call A Arbitration: Employment “Evaluating erski. Office of Financial Institution Adjudication (“OFIA”), and its (“OFIA”), Office of Financial Institution Adjudication Review News from Board, Faculty, Faculty, Board, from News of IJA Friends and Judith McConnell 10 IJA Report / Winter | Spring 2019 F peals, Judge Anne Lazarus of the Pennsylvania Anne Judge Lazarus peals, Superior Paulette V. ofCriminalAp- Army oftheUS Burton Court fortheSixthCircuit, Judge ofAppeals Court of theUS Craig Daughtrey Judge Martha judicial faculty included Sue Walker Other ofAppeals. oftheTexas Court Second fortheSixthCircuit, andJudge ofAppeals Court the US JudgeJeffrey Suttonof theVirginiaSupreme of Court, Powell fortheNinthCircuit, E. JusticeCleo of Appeals Court Circuit, ofthe US Judge Diarmuid O’Scannlain fortheDC ofAppeals Court MillettoftheUS Patricia A. Judge Court), Appeals (formerly oftheMassachusetts ofInternational Trade Court KatzmannoftheUS Gary traveltion andtheTrumpadministration ban. work the role, since he assumed including on immigra ofJustice’s of the Department some describing address, attended IJA’s 60thannualseminar. Appellate Judges Seminar, July 14–19, 2019, please visit from sustainedinteraction with their judicialpeers. For informationortoregister forthe nextNew and interactive training program where attendees gainnotjustfromthe experiencedfaculty but also making. Taught byadistinguished faculty ofjudges andacademics, the seminaraffords aninformal oral Supreme argumentofapendingUS caseisusedasanexercise Court inthe process ofdecision- substantive legaldiscussionsontopics interpretation such asstatutory andcriminallaw. Amoot appellate judges, combines practical AJS training oncollegiality, ethics, with andopinion writing, pellate judges. Offered incooperation with the FederalCenter’s Judicial orientation program fornew IJA New hosteditslargest-ever Appellate forfederal, Judges state, (AJS) Seminar ap andmilitary Appellate JudgesSeminar IJA’s 60thAnnual The weeklong ofJudge judicialfacultyconsisted Noel gave Francisco General Solicitor US theopening military appellate judges from across the country thecountry from across judges appellate military state supreme,I, 13 stateintermediary, 25 andsix rom July to 20, 15 2018, III and Article seven Article -

New York Division,Depart Appellate First Supreme Court, Judge Rosalyn Richter ofthe ofConnecticut, the District for Court MeyerA. US District ofthe JudgeJeffrey Court, Board Member Meir Feder. Meir Member Board and IJA of partner Advisory under the supervision appeal court themoot argued andJames Ligtenberg, Gross ing contributionto theseminar. facultyafter theirmanyfrom theAJS years ofoutstand Daughtrey andDr. Zimmerman,whowere Isaiah retiring of Vanderbilt Law School. includingNYULaw alumnaTerrywriting, Maroney’98 from psychology to and judicial opinion legal ethics ranging inareas experienced andacademics judges Troy McKenzie’00. Chase, SamuelEstreicher,Faculty Oscar Directors and Supreme Court. Connecticut formerly Rogers, of the ment, and retired Justice Chase Two associates from the law Day, associates firm Jones Two James At theThursday evening dinner, IJA honoredJudge area other included Additional faculty members by IJA and supervised was The seminar hosted www.law.nyu.edu/centers/judicial . - - -

law.nyu.edu/centers/judicial 11

Noel Francisco Noel

Washington School of School Washington Dr. Isaiah Zimmerman,Isaiah Dr. time AJS faculty member faculty AJS time Judges Julie Huygen and Naomi Dennis (US Air Force Force Air (US Dennis Naomi and Huygen Julie Judges Hill Garrison Judge and Appeals) Criminal of Court Appeals) of Court Carolina (South Moot Court bench panelists Judge Gary Katzmann Katzmann Gary Judge panelists bench Court Moot Cleo Justice and Trade) International of Court (US Court) Supreme (Virginia Powell Psychiatry and retiring long retiring and Psychiatry

Moot Court bench panelists: Judges Sue Walker Walker Sue Judges panelists: bench Court Moot District), Second the for Appeals of Court (Texas Sixth the for Appeals of Court (US Sutton Jeffery Appeals of A. Court Patrica and (US Millett Circuit) argument. oral hear Circuit) DC the for Appellate Division, Appellate issues. Court Moot the discuss The collegial judges of the New Jersey Superior Court,Superior Jersey New the of judges collegial The “I did enjoy the week-long course very much, the interaction with my with interaction course very the week-long the did enjoy much, “I you very for offering much materials. Thank and the judges, fellow unique course.” this “Just a note to express my thanks for such a well-run seminar. seminar. well-run a for such thanks my a note to express “Just dialogue the materials helpful, the excellent, were The presenters done.” Well stimulating, food the delicious. and Everything and educational. about enjoyable Seminar was IJA “...the of everythingwas excellent.” and your management class, first it was “It was an outstanding seminar with great content and faculty. and faculty. content great with seminar an outstanding was “It highly seminar the I will recommend amazing. was hospitality Your judges.” appellate to all new Here is what some attending judges had to say about seminar: the some is what judges attending Here say had to 12 IJA Report / Winter | Spring 2019 Reginald, andJimmie Jr. Woods Sr., andisthemotherofthree sons,David, IV, and theSouthwestBlackLaw Students’Association. Advisory Board member ofTheBeautiful Foundation, Inc. ber oftheMystic Krewe ofFemme Fatale. Sheisalsoan of theS.U.N.O. Alumni Association andafoundingmem Group NeighborhoodFoundation; andalifetimemember Pontchartrain Chapter ofTheLinks, Inc.,andtheKeller Greater NewOrleans Coalitionof100BlackWomen, the theLeague ofWomenAmerica, Voters ofNewOrleans, the Sorority, Inc.,theNewOrleans Chapter ofJackandJill of theNewOrleans AlumnaeSigmaTheta Chapter ofDelta MartinetLegal Society.the LouisA. Sheisalso amember theAssociationofWomen Attorneys,Inns ofCourt, and andtheA.P.Council, Tureaud Chapter oftheAmerican Association ofWomen Judges, theLouisiana Judicial Associations. Inaddition,sheisamemberoftheNational andNewOrleansmember oftheAmerican,National, Bar activities. Specifically, Judge Bartholomew-Woods isa devotes herlifeto variouscivicandbarassociation Office oftheSolicitor inDallas. with several law firms,andattheDepartmentofLabor,US Parish SchoolBoard; andanattorney inprivate practice Stafford, PLLC; serviceas general counselfortheOrleans Charlotte, NorthCarolina; staffattorney withMcGlinchey general counselforCharlotte-Mecklenburg Schoolsin of Boykin, Ehret &Utley. Herprioremployment as was her judgeship, sheserved asofcounselwith the law firm the CivilDistrictCourtforParish ofOrleans. Priorto to theLouisianaState Barin1999. admittedthe topclass.Shewas 20%ofhergraduating University College ofLaw in1999,where sheranked in Judge Bartholomew-Woods herJDfrom earned Loyola ence from SouthernUniversity atNewOrleans in1994. obtained herBAinEnglish,withaminorpoliticalsci July 15–20, 2018 Attendees New Appellate Judges Seminar Judge Bartholomew-Woods ismarriedto Jimmie In additionto servingthepublicasajudge, she She formerly served asaciviljudge forDivisionBof Woods, anative ofNewOrleans, The Honorable Regina Bartholomew- Fourth Circuit Louisiana Court ofAppeals forthe Woods Regina Bartholomew- -

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mediating over 200casesbefore becominga judge. certified asafamily andcivilmediator in1999,successfully as Twin Falls countyprosecutor from 1993to 1997. Hewas ernor DirkKempthorne inNovember 2003.Healsoserved over 16years before hisappointmentto thebenchby Gov to year. theIdahoState Barthatsame from BYU’s J.Reubenadmitted ClarkLawHewas School. School in 1994. School in1994. hisJDfromBA injurisprudence. Hethenearned Yale Law political theoryandfrom Oxford University in1991with a Beta Kappafrom in1989withaBA dozens ofothers. Hegraduated summacumlaude andPhi Supreme Courtofthe United States andfiled briefsin Supreme CourtClinic, heargued sixcasesbefore the Pennsylvania Law Asdirector School. ofthe Penn Law a professor oflaw andcriminology attheUniversity of of eight. in variousstages lifeandtheproud ofadult grandparents for 37 years. They are theparents offive children engaged Fellowship Program. 2014 graduateoftheNationalCenter forState CourtsToll mittee andtheSecurityCommittee. JusticeBevan isa Court’s Drug CourtCoordinating andMentalHealth Com Heserves asthechairofIdahoSupremeDistrict. the administrative districtjudge forIdaho’s FifthJudicial JusticeBevan alsoserved fornearlyCourt. eightyears as CourtandtheVeteran’sDistrict MentalHealth Treatment has beenthepresiding judge ofboththeFifthJudicial has served onstatewide law-related committees. He president oftheFifthDistrictBarAssociation,andhe While apracticing attorney, JusticeBevan served as Justice Bevanapracticing was attorney inTwin Falls for Justice Bevan hasbeenmarriedto hiswife,Pam, degrees from BYU, in1987 graduating received hisundergraduate andlaw and raised inTwin Falls, . He RichardJustice G. Bevanborn was RichardG. Bevan Circuit. Judge previously Bibaswas US fortheThird CourtofAppeals Stephanos Bibasisajudge onthe Third Circuit US Court ofAppeals forthe

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US Court of Appeals for the of Appeals Court US Circuit Sixth on the judge John K. Bush is a circuit Court of Appeals for the Sixth Cir US in Louisville. cuit. are His chambers Jennifer B. Campbell of Appeals, Court Arizona Division One B. Campbell Jennifer The Honorable Court the Arizona was to appointed of Appeals, Division One, on April 27, John K. Bush Judge Campbell graduated magna cum laude from from magna cum laude Campbell graduated Judge Judge Bush served as a law clerk for Judge J. Smith Judge for clerk as a law Bush served Judge Justice Brody was named as Mountain States Super was States as Mountain named Brody Justice been married and her husband have Justice Brody 2017, by Governor Douglas Ducey. Governor by 2017, degree in 1998 with a bachelor’s University State the from degree law her in political science. She received to in 2002. Upon moving School of Law of Texas University with the litigation estate civil real she practiced Arizona, wanting Always in Prescott. Kottke & Vakula firm, of law for the she worked of criminal law, the practice explore to started eventually Office and County Attorney’s Yavapai Prior to joining the court, Judge Bush was joining the court, a partner in the Prior to Judge he Greenebaum Doll, where office of Bingham Louisville department. litigation He also was firm’s co-chair of the DC, office of in the Washington, practice his legal began Gibson, Dunn and Crutcher. Court of Appeals for the States of the United Henley from summa cum laude He graduated Eighth Circuit. Harvard from laude in 1986 and cum University Vanderbilt School in 1989. Law Lawyer and Rising Star; was recipient of the Idaho State of the Idaho State Rising Star; was and recipient Lawyer the highest 2014; received Award Professionalism Bar’s com and the law for understanding peers from ranking conducted the a survey in by of law the rule mitment to Fifth Dis of the president as the Bar; served Idaho State American Inn of Ward W. the Theron trict Bar Association, Association; and spent Lawyers Court, and the Idaho Trial community. legal Idaho’s strengthen to time volunteering at the Idaho Trial and presenter as a mentor She served program. training a new-lawyer Skills Academy, 10 and ages two boys, have and the couple for 21 years, in numerous spending time with her boys 12. She enjoys and football, including Taekwondo, sports and activities, the Catholic Church member of She is an active piano. of St. Nicholas of the School Board and is a past president Catholic School. - - -

Robyn Brody Robyn Court Supreme Idaho law practiced Brody Justice Robyn in the Magic Val 20 years for nearly the Idaho to until her election ley of 2016. November Court in Supreme Michael B. Brennan for the of Appeals Court US Circuit Seventh was confirmed Michael B. Brennan for the judge and sworn in as a circuit Court of Appeals for the Seventh US Judge Brennan has also served as an assistant district has also served Brennan Judge Judge Brennan obtained his undergraduate degree degree obtained his undergraduate Brennan Judge After graduating from Yale Law, Judge Bibas clerked Bibas clerked Judge Law, Yale graduating from After started her own law firm. her own law started degree and a master’s degree in international business. in international degree and a master’s degree with her husband after Falls Twin to moved Justice Brody firm of Hepworth, Lezamiz school and joined the law law Justice years. for 13 she practiced & Hohnhorst, where she where in 2010, Rupert to moved and her family Brody She graduated from the University of , earning a law of Denver, the University She graduated from attorney in the Milwaukee County District Attorney’s Office County District Attorney’s in the Milwaukee attorney Judicial and as chairman of the Wisconsin Governor’s Advisory Committee. Selection from the , and law degree from from degree Dame, and law of Notre the University from He has served School of Law. University Northwestern District Court for the Eastern on the US clerk as a law Court of Appeals for the District of Wisconsin and the US Circuit. Seventh he tried cases and handled appeals in federal and state and state appeals in federal he tried cases and handled County Circuit on the Milwaukee courts, and as a judge of a variety over he presided 2008, where 2000 to from criminal and civil calendars. Circuit in May 2014. He previously worked as a partner worked 2014. in May He previously Circuit firm of Weber Mullins, where law Gass in the Milwaukee School. He has published two books and more than 60 and more School. He has published two books articles. scholarly of New York, where he successfully prosecuted the world’s the world’s prosecuted he successfully where of New York, stained glass for hiring a grave in Tiffany expert leading cemeter from windows Tiffany steal priceless to robber at Bibas taught Judge Law, at Penn his tenure ies. Before of School and the University Law of Chicago the University Law at Yale fellow and wasLaw a research of Iowa College for Judge of the US Court of Appeals Court of the US Higginbotham Patrick for Judge on the Kennedy Anthony and Justice Circuit for the Fifth at Coving associate Court and was a litigation Supreme Bibas Judge DC. Thereafter, in Washington, & Burling ton District in the Southern attorney an assistant US as served 14 IJA Report / Winter | Spring 2019 & Carroll inBrattleboro. They have three children. C. Carroll, apartner inthelaw firmofPhillipsDunn Shriver Division Oversight Committee. She ismarriedto Richard andVermonttinuing Legal Education JudiciaryCriminal Institute andisformerchair of thestate Board ofCon counties. JusticeCarroll isamemberoftheAmericanLaw Superior CourtsinWindham,Windsor, andBennington presided intheFamily, andCivilDivisionsofthe Criminal, Superior Courtjudge by Governor Howard andhas Dean 2000, InDecember appointed shewas a District Court. of Vermont andprosecuted seriousdrug casesintheUS special assistantUnited States attorney fortheDistrict Vermont Drug Task Force. General’s Office,asthe prosecutor fortheSouthern most ofthattime. cases andassignedaschiefdeputystate’s attorney for prosecutingSeptember 1988toseriousfelony June1994, adeputystate’swas attorney inWindhamCountyfrom JD, cumlaude, from Vermont Law Schoolin1988.She justice, andEnglishFrench literature. her Sheearned with abachelor ofartsandsciencesdegree incriminal in 1981andfrom Salve Regina College, cumlaude, in1985 committees. Judges Associationandsitsonvariousotherstatewide JudgeCourt. Campbellisthepresident oftheArizona presided over many jurytrialsandtheEarly Disposition able. rotated In2013,shewas to afelony caseload and moreS.A.F.E. inaneffort to hold individuals account new, more responsive probation program called Project Probationthe Adult departmentDepartment—created a While onthebench,Judge Campbell—in partnership with drugtion Courtandbothjuvenile D.U.I. andadult courts. with presiding over theweekly Verde Valley Early Disposi andprobatedomestic, criminal, law. alsotasked Shewas of thecasesfiled inthe Verde Valley inthearea ofcivil, initial appearances, cases,andaportion allmentalhealth givenwas theresponsibility allcriminal ofconducting of themostdiverse calendars She inthesuperiorcourt. Division Two. While assignedone onthebench,shewas to serve asajudge ontheYavapai CountySuperiorCourt, her ownfirm,TheCampbellLaw Firm. In 1994, shebegan workwiththeVermontIn 1994, Attorney During this time, she was alsocross-designatedDuring thistime,shewas asa In 2011, appointed by shewas Governor JanBrewer

graduated from Proctor HighSchool Vermont, onFebruary 7, 1963.She borninNewport, Vermont, was Justice Karen Carroll, ofVernon, Karen R.Carroll

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- serves ontheArizona Supreme Court’s Commissionon Yuma County. thepresidingment to was theCourtofAppeals, judge in in Yuma County, Arizona, andatthetimeofherappoint In 2008,Judge elected Cruzwas SuperiorCourtjudge served asjudge pro tem fortheCocopahIndianTribe. representation incriminalandfamily law matters and venturing into solo practice. ers. Later, shepracticed incriminaldefense,eventually Yuma CountyAttorney’s Office, prosecuting felony offend began herpractice oflaw asaprosecutor inArizona atthe has aBAinpsychology from theUniversity ofArizona. She products liability. Western SchoolofLaw, teachingappellate practice and the University ofSanDiego SchoolofLaw andCalifornia HehasalsobeenanadjunctprofessorCourt. atboth Birdand ChiefJusticeRose E. oftheCaliforniaSupreme tice MathewO. Tobriner oftheCaliforniaSupreme Court, Howard Jus B.Wienerof the CaliforniaCourtofAppeal, worked asanappellate courtstaffattorney withJustice a certifiedappellate law specialistinprivate practice and drug court. family criminal, civil, law, andjuvenile andbothadult and inavarietyofsubstantive assignments,including branch, presiding judge ofthecourt’s appellate division, 13 years, servingassupervisingjudge oftheNorthCounty ously, ajudge hewas oftheSanDiego SuperiorCourtfor and Guanajuato. Mexico, including Mexico City, Mexicali, Tijuana, LaPaz, trial advocacy invariousregions withintheRepublic of internationally by servingasaprofessor oflaw teaching Victims intheCourt. Task Force onJusticeforAllandtheCommission Access to Justice,aswelltheArizona Supreme Court’s In additionto herjudicialresponsibilities, Judge Cruz As asolo practitioner, Judge Cruzprimarily undertook Before hisappointmentto thebench,JusticeDato was Judge Cruzcontributes to thedevelopment ofthelaw James E. RogersJames E. College ofLaw and JD from theUniversity ofArizona, Judge MariaElena Cruzobtaineda Division One Arizona Court ofAppeals, Maria Elena Cruz Appeal effectiveAppeal February 2017. Previ appointed to theCaliforniaCourtof Justice WilliamS.Dato was Fourth District California Court ofAppeal forthe William S.Dato

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Deidra J. Fleming Deidra of Criminal Appeals Court Army US J. Flem Deidra Colonel Lieutenant ing assumed duties as an associate Court of Criminal Army US judge, her Prior to 2017. Appeals in July Naomi DennisNaomi of Court Force Air US Criminal Appeals Naomi Porterfield Colonel Lieutenant Dennis military judge appellate is an Criminal Court of Force on the Air Lieutenant Colonel Dennis’ awards include three three include Dennis’ Colonel awards Lieutenant Dennis Colonel and her husband Lieutenant Lieutenant Colonel Dennis received her commission Dennis Colonel received Lieutenant Program, Fort Belvoir, Virginia, 2012–2013; regional 2012–2013; regional Virginia, Belvoir, Fort Program, 2010–2012; deputy Virginia, Belvoir, defense counsel, Fort Fort Recruiting Command, US Army advocate, staff judge Staff Command and General 2008–2010; Kentucky, Knox, pro Kansas, Leavenworth, 2007–2008; Fort College, Department, Criminal Law Advocate The Judge fessor, Virginia, & School, Center Charlottesville, Legal General’s senior trial counsel, 7th Infantry Division, Fort 2004–2007; Corps in December 2003 and was the recipient of the Corps in December 2003 and was the recipient Association Trial Lawyers American Trial JASOC 2004-B In 2015, selected she was award. competitively Advocacy House Fellow. as a White serve to Commendation Service Medals, two Air Force Meritorious Medal, and the Medals, the Joint Service Achievement Outstanding Young 2009-2010 ’s Award. of the Year Military Service Lawyer Jayla, Malcolm, Tiffany, children, five Thomas have Thomas, and Miles. as a served Fleming Colonel Lieutenant position, current North Bragg, Fort Judiciary Circuit, 2nd Trial judge, circuit Defense Counsel Assistance chief, 2013–2017; Carolina, Appeals, Joint Base Andrews, Maryland. Appeals, Joint Base Andrews, where University, at Howard program the ROTC through train of her field Graduate she was named Distinguished Dennis the attended Colonel then ing class. Lieutenant the educational through School of Law of Texas University 2003, she was graduating After in May program. delay and prac Barristers of Order The National to appointed She has litigation. medical malpractice of ticed in the area area, serving as a prosecutor, spent her military career government and senior defense counsel; appellate circuit, and air staff coun advocate; counsel; deputy staff judge her appointment Dennis received sel. Colonel Lieutenant General’s Advocate Judge Air Force States the United to - - - - -

, the challenge to the New to , the challenge Roger J. DeHoog Roger of Appeals Court Oregon on the DeHoog is a judge Roger Court of Appeals. He is a Oregon and of Dartmouth College graduate School of of Oregon the University The Honorable Patrick DeAlmeida Patrick The Honorable of Court the Tax to was appointed , Governor by New Jersey Patrick DeAlmeida Patrick Superior Court, Jersey New Division Appellate Lewis v. Harris v. Lewis During his tenure at the Division of Law, Judge DeAl Judge at the Division of Law, During his tenure Judge DeAlmeida graduated cum laude from New York New York from DeAlmeida cum laude graduated Judge Directors for NeighborImpact, a community action agency for NeighborImpact, a community action agency Directors DeHoog is Judge Oregonians. serving the needs of Central Elicia Putnam. married to Department of Justice, where he was a member of the Department of Justice, where Unit. DeHoog Special Litigation was Judge department’s his the trial court bench in 2012 and to to appointed his judicial In addition to 2016. in early position current com duties, DeHoog with bar-related is active Judge of on the Board work and CLEs, and also serves mittee Law. Judge DeHoog began his legal career at the public career DeHoog his legal began Judge Law. lengthy by followed Oregon, office in Bend, defender’s and with the Oregon practice private stints in general 2004 and served as president of the squad during 2007. as president 2004 and served Court, including that resulted marriage on same-sex prohibition Jersey’s Union Act. Civil Judge in the enactment of the New Jersey medical tech emergency DeAlmeida has been a volunteer Squad since Aid & Rescue First nician with the Princeton Law in 1993, where he served until his appointment to the until his appointment to he served in 1993, where Law chief of the Treasury general, bench as deputy attorney assis of Appeals, and, ultimately, in charge Section, DAG for appeals. general tant attorney Supreme the New Jersey 14 cases before meida argued University in 1986 with a degree in journalism and received in journalism and received with a degree in 1986 University School of University Fordham from cum laude, his JD, school, Judge law graduation from in 1989. Following Law Court Justice Supreme for New Jersey DeAlmeida clerked Marie L. of Division Garibaldi. He joined the New Jersey taking the oath of office on January taking the oath of office 14, 2008. Chief Justice DeAlmeida as presiding Judge appointed in 1, 2009. He served effective of the court October judge the Supe assignment to temporary that position until his rior Court, 2018. Division, on January 16, Appellate 16 IJA Report / Winter | Spring 2019 ber oftheSpecialRedistricting Panel. the StateSteering E-Court Committee, andaformermem amemberof member oftheMinnesotaJudicialCouncil, his JDfrom Mitchell HamlineSchoolofLaw. hisBAfromearned theUniversity ofMinnesota-Duluth and JudgeAid ServiceofNortheastern . Florey County attorney for15years andastaffattorney atLegal 2004 to 2006. judge from 2006to 2012andassistantchiefjudge from one daughter, Evelyn. John Jurden, afellow JAG Corps’officer, andthey have lenges, andPleas andPretrial Agreements.” The Year inCourt-Martial Personnel, Voir Dire andChal Pretrial Agreements”; “Out, Damned Error OutI,Say! Personnel, Voir Dire andChallenges, andPleas and ments”; “Another Broken Record-The Year inCourt-Martial Voir Dire andChallenges, andPleas andPretrial Agree- YearReview ofDevelopments inInstructions”;“The US Supreme Herpublicationsinclude “Annual Court. theUS Armyandthe of Iowa, CourtofCriminalAppeals, Bars oftheSupreme theSupreme CourtofArizona, Court Sheisamemberofthe Legal Center &Schoolin2004. She alsohasanLLMfrom TheJudge Advocate General’s and herJDfrom Drake University Law Schoolin1996. graduate degree in1992from theUniversity ofVermont & Fort Bragg, NorthCarolina, 1999–2000. 2000–2002; chief, Legal Assistance,XVIIIAirborneCorps & Administrative Law Attorney, Fort Carson, Colorado, InfantryDivisionEnhancedSeparatecate, 7th Brigades Carson, Colorado, 2002–2003;deputystaffjudge advo Judge Florey istheprevious vice-chairandcurrent Louis anassistantSt. hewas Prior to hisappointment, Lieutenant Colonel Fleming ismarriedto Colonel Lieutenant Colonel Fleming received herunder- until June13,2017. Heserved aschief servingfromDistrict, January1999 court judge intheSixthJudicial Judge JamesFlorey adistrict was Minnesota Court ofAppeals James Florey

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- a judicialclerkship inCumberlandCountywithJudges Rutgers SchoolofLaw-Camden in1978. Hethenserved Case Western Reserve University in1975, andfrom aChapterand was 7bankruptcy trustee. served asCumberlandCountycounselfrom 1994to 2002 in Bridgeton, NewJersey, from 1979 to 2002.Healso and thenpartneratDavidow, Sherman,Eddowes &Geiger Gloucester/Salem Vicinage, Judge Geiger an associate was Division sinceApril2016. Priorto joiningtheCumberland/ He hasserved ontemporary assignmentto theAppellate Vicinage’s designated complex businesslitigation judge. April 2016. Healsoserved intheprobate partandasthe andfamily criminal, civil, divisionsfrom July 2002to Wabash County Family Drug Treatment JusticeGoff Court. he establishedtheWabash County Drug Courtandthe judge for12years. Duringhis serviceonthetrialbench, Justice Goffserved as Wabash CountySuperiorCourt Association. Before joiningtheIndianaSupreme Court, Board andvicepresident oftheHuntington CountyBar served aspresident oftheHuntington CountyPolice Merit Pro BonoAttorney oftheYear in2001and2002. Healso program.was namedHuntington JusticeGoff County ton CountyCourtAppointed SpecialAdvocate (CASA) years. Hisworkled to theestablishmentof Hunting He served asHuntington fortwo CountyPublic Defender relations, personal injury, smallbusinesscases,andmore. just 18monthsworkingoncriminaldefense,domestic tice, beingnamedpartnerataHuntington law firmafter School ofLaw in1996. hislawearned degree attheIndianaUniversity Maurer versity, andthen summa cumlaude graduating in1994, in1972.Wabash, , Heattended BallState Uni 2017.110th justiceonJuly 24, was bornin JusticeGoff Frank J.Testa. Edward S.Miller, Kleiner, Steven Z. Paul R.Porreca, and Judge Geiger graduated magnacumlaude from After lawJusticeGoffworked school, inprivate prac land/Gloucester/Salem Vicinage’s Superior Courtjudge intheCumber Judge Richard Geiger served asa Appellate Division New JerseySuperiorCourt, Richard J.Geiger He took theoathofofficeasIndiana’s Governor EricHolcomb inJune2017. to theIndianaSupreme Courtby Christopherwas appointed M.Goff Christopher Goff

- - - - law.nyu.edu/centers/judicial 17 - - - - - Mary J. Greenwood Mary for the of Appeal Court California District Sixth was J. Greenwood Justice Mary of justice as associate appointed Court of Appealthe Sixth District of Justice Greenwood has received numerous awards for awards numerous has received Justice Greenwood Justice Greenwood spent the majority of her legal spent the majority of her legal Justice Greenwood ful efforts to obtain funding to staff prosecutors and public prosecutors to staff to obtain funding ful efforts in misdemeanor courts. She was also recognized defenders County the Santa Clara by Award with the Unsung Hero diversity to promote Bar Association in 2011 for her efforts She is a member of the American profession. in the legal Class XX. She teaches Silicon Valley Forum Leadership for Center the Judicial Council’s judicial ethics through Judicial EducationResearch. and representing clients in capital murder, felony, misde felony, clients in capital murder, representing and dependency, juvenile delinquency, juvenile meanor, she became of counsel at In 2001, mental health matters. clients. corporate representing Duffy & Bass Patch Coblentz Defender led the Public to Office and In 2002, she returned Defender as thethe Alternate Office. She was appointed public defender in 2005, County Santa Clara overseeing criminal defense who provided than 100 attorneys more 35,000 cases clients in approximately indigent services to in collabora she participated As public defender, annually. on the Gang She served criminal justice policy reform. tive of San Jose to the mayor by created Taskforce Prevention Justice and the Juvenile violence, gang and abate prevent council a county government Collaborative, Systems the juvenile entering from youth focused on preventing incarceration. youth and on reducing justice system and the court of law the practice to improve her efforts by Award In 2014, the Trailblazer system. she was awarded the Vietnamese American Bar Association of Northern Cali of Silicon Foundation the Law fornia. she received In 2011, for her success for Advocacy Justice Award Equal Valley’s California by Governor Edmund G. Brown Jr. and confirmed Jr. G. Edmund Brown Governor California by on January the Commission on Judicial Appointments by (BA 1978) 25, of Grinnell College 2018. She is a graduate of the College of California Hastings and the University on the she served her confirmation, 1981). Prior to (JD Law 2018, 2012 to from court judge Superior Court as a trial various mat Division over in the Family she presided where Hague the application of the cases involving including ters over abduction unlawful of children governing Convention borders. international 2005, 1982 to as a deputy public defender and from career, County Public at the Santa Clara manager then executive verdict, to jury Defenderover 50 cases Office. She tried .

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Nebraska Law Review Law Nebraska L. Grasz Steven for the of Appeals Court US Eighth Circuit up on a grew Grasz Steven Judge near Chappell farm and ranch family of Western Valley in the Lodgepole

Judge Grasz was nominated as a circuit judge by by judge was as a circuit nominated Grasz Judge After serving as legislative assistant to Congress assistant to serving as legislative After President Trump on August 3, 2017. He wasby confirmed 3, 2017. on August Trump President and sworn on December Senate States 12, 2017, the United office on Januaryinto 4, 2018. He is the in 7th Nebraskan Court of Appeals. on the Eighth Circuit serve to history Grasz practiced law at Husch Blackwell in the areas of of at Husch Blackwell in the areas law practiced Grasz and law, administrative litigation, civil and appellate reported numerous He litigated relations. government courts. He is a Nebraska and federal decisions in state of the NSBA and a member Fellow Bar Foundation Committee. Executive Practice Appellate general for nearly 12 years. In this capacity, he developed he developed capacity, In this 12 years. for nearly general of scores drafting a passion for constitutional law, Opinions, as well as numerous General’s Attorney Court and Supreme briefs in the Nebraska appellate Judge 15 years, Court. over For Supreme States United Grasz received his JD degree from the Nebraska College College the Nebraska from his JD degree received Grasz of the Coif and He was inducted the Order into of Law. of the editor as executive served best including moot court awards, He earned numerous advocacy. for oral Award Pound brief and the Roscoe chief deputy attorney as Nebraska’s served Grasz Judge of Nebraska-Lincoln, where he developed his ongoing his ongoing he developed where of Nebraska-Lincoln, and Grasz and football. Judge basketball of Husker love four children. have his wife, Verlyne, Judge DC, Steve in Washington, Smith woman Virginia Nebraska. He graduated with honors from the University the University from with honors He graduated Nebraska. Conference, representing Wabash, Huntington, Wells and and Wells Huntington, Wabash, representing Conference, as chair of the Protection He also served Adams counties. Judicial Conference. of the Indiana Committee Order served on the Board of Directors of the Indiana Judicial Judicial the Indiana of Directors of on the Board served 18 IJA Report / Winter | Spring 2019 Commission representing Women Lawyers ofUtah. Committee and asanex officiomember oftheUtahBar Hagen serves aschair oftheJudicialBranch Education Chapter’s Distinguished ServiceAward in2017. Judge of Law’s 2015Alumna ofthe Year, andreceived theFBA namedtheS.J.QuinneyGirls ScoutsofUtah,was College Day &HandsAward Heart for her volunteer workwith teams. Shehasbeenrecognized withaUtahPhilanthropy appellate practice andcoachedintercollegiate mootcourt of UtahS.J.Quinney College ofLaw, where shetaught spent many years asanadjunctprofessor attheUniversity Utah Chapter oftheFederal BarAssociation.Shealso theSaltLakeof Court, CountyBarAssociation,andthe Lawyers ofUtah,theDavid Watkiss-Sutherland K. IIInn for nearly 10years. and later becametheappellate chief, apositionsheheld appellate sectionoftheUnited States Attorney’s Office as Parr, Brown, Gee&Loveless. In2001, shejoinedthe and thenbegan herpractice atthelaw firmnowknown for United States DistrictCourtJudge Tena Campbell board. Following law sheserved school, asalaw clerk Moot CourtTeam andthe College ofLaw, where amemberoftheNational shewas Order oftheCoif, from theUniversity ofUtahS.J.Quinney the DistrictofUtah.In1998,shereceived herlaw degree, Hagen thefirst was assistantUnited States attorney for degree from theUniversity Berkeley. ofCalifornia, aJDdegreeearned from Stanford Law SchoolandaBA fromSouthern DistrictofCalifornia, 2002to 2003.She as anassistantUS attorney attheUS Attorney’s Office, to 2006andfrom 1997 to 2002.JusticeGuerrero served from 2007 to 2013,where anassociate shewas from 2003 judge apartneratLatham&Watkins since2013.Shewas Superior Courtsince2017, where shehasserved asa judge fortheFamily Law DivisionattheSanDiego County ber 2,2017. JusticeGuerrero hasserved assupervising by GovernorDistrict CourtofAppeal, Brown onNovem Judge Hagen hasserved aspresident ofWomen Fourth District California Court ofAppeal forthe Patricia Guerrero Prior to her appointment, JudgePrior to herappointment, 2017 by R.Herbert. Governor Gary to inJune theUtahCourtofAppeals Judge DianaHagen appointed was Court ofAppealsUtah Diana Hagen justice, DivisionOneoftheFourth Diego, appointed was associate Justice Patricia Guerrero, ofSan Utah LawUtah Review editorial

- and CombinedJointTask Force-82 inAfghanistan;deputy lative Liaison;staffjudge advocate, 82ndAirborne Division Corps; legislative Army counsel, OfficeoftheChief, Legis chief ofPersonnel, PlansandTraining fortheArmy JAG Iraq Hisprevious andSyria. assignmentsinclude deputy Resolve, theheadquarters forCounter-ISIS operations in advocate, CombinedJointTask Force-Operation Inherent hereturnedLast fall, from deployment asthestaffjudge cate, XVIIIAirborneCorpsatFort Bragg, NorthCarolina. Colonelnal Appeals, Hagler thestaffjudge was advo the Army’s Funded Program. Legal Education before entering theJudge Advocacy General’s Corpsvia served five dutyasaninfantryofficer years onactive tation asaproblem solver. Herwork onkey casesset new and family law. AtSheehanPhinney, shegained therepu tion, businesslitigation, land use,mediation,probate, Green. There, herconcentration included appellate litiga with theManchester law firm ofSheehan,Phinney, Bass & She joinsthecourtfrom private practice asashareholder only thethird womanto sitonthestate’s highestcourt. pher SununuonAugust 8,2017. Justice HantzMarconi is four children: andMarnie. Lee,West, Grant, to theformerTami alsoofXenia. They have Swinehart, ter Parachutist, andRanger Tab. Colonel Hagler ismarried Bronze service),ExpertInfantrymanBadge, Star(for Mas His awards anddecorations include theLegion ofMerit, hower SchoolofNationalSecurityandResource Strategy. Advocate General’s andanMSfrom School, theEisen a JDfrom theUniversity ofTexas, anLLMfrom TheJudge included aBSfromHis education theUS MilitaryAcademy, 25thInfantryDivision. Regiment, Infantry and infantrypositionsinthe1stBattalion,27th of judge advocate positionsinthe82ndAirborneDivision criminal law professor, Army JAG School;andavariety staff judge advocate, 1stInfantryDivisioninGermany; Prior to hisassignmentto theUS Army CourtofCrimi Colonel Hagler isamemberoftheState BarofTexas. commissioned intheUS Army. He from West Point in1990, hewas of Xenia, Ohio. After graduating Colonel JeffHagler isanative US Army Court ofCriminalAppeals Jeffrey C.Hagler was sworninbywas Governor Christo New Hampshire Supreme She Court. is the108thassociate justiceonthe Anna Barbara “Bobbie” HantzMarconi New Hampshire Supreme Court Anna B.HantzMarconi

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------law.nyu.edu/centers/judicial 19 - - - - . After graduating from graduating from . After and book review editor on editor and book review MelissaHart Court Supreme Colorado Justice Melissa Hart was appointed to John Hickenlooper Governor by Court Supreme on the Colorado serve joining Prior to on December 14, 2017. Law Harvard Harvard Women’s Law Journal Law Women’s Harvard Justice Hart is a member of the Colorado and Denver Justice Hart is a member of the Colorado Justice Hart earned her bachelor’s degree from from degree Justice Hart earned bachelor’s her tion, the 2012 Chase Faculty Community Service Award Community Service Award tion, the 2012 Chase Faculty Calhoun the 2011 Clifford of Colorado, the University from Law of Colorado the University from Service Award Public the from School, the 2009 Serving Communities Award and for Ethical and Civil Engagement, Institute CU-Boulder the from the 2008 Outstanding Community Service Award Bar Association. Hispanic Colorado at , where she was the articles editor she was the articles School, Law where at Harvard for the the for Judge school in 1995,law she clerked Court of Appeals and for Justice John of the Second Circuit Court. She Supreme States on the United Stevens Paul DC, includ in Washington, years for several law practiced Department at the US of Justice. ing as a trial attorney Bar Association, Women’s Bar Associations, the Colorado Hispanic Bar Association, the Asian Pacific the Colorado Association, American Bar Association, the Sam Cary Bar Bar Association. She is a founding LGBT and the Colorado Inn of Court,member of the Sonia Sotomayor a 2017 grad Founda Chamber Leadership of the Denver Metro uate a 2016 graduate of the program, Denver Leadership tion’s (COBALT) Training Leadership Bar Association Colorado Access to and a commissioner on the Colorado program, Justice Commission. Justice Hart has been recognized Who Light the Community Award with the 2016 Women the 2014 Raising Chamber of Commerce, the Boulder from Bar Associa Women’s the Colorado from the Bar Award adjunct professor of law at the ’s S.J. Utah’s of University at the of law professor adjunct the his appointment to Prior to of Law. College Quinney Court, District as a small claims judge he served Third of the is a past chairperson Harris Judge for eight years. Bar. Section of the Utah State Litigation University at the the court, Justice Hart wasprofessor a the Byron she directed School, Law where of Colorado the Study of American Constitutional for Center R. White Justice Hart as a professor, her years Throughout Law. bono practice. pro maintained an active yearteaching and then spent a College Harvard-Radcliffe study to She returned at a high school in Athens, Greece. ------Ryan M. Harris M. Ryan Utah of Appeals Court Ryan M. Harris was appointed Judge the Utah Court of Appealsto in June Gary Governor Herbert. R. 2017 by Har his appointment,Prior to Judge Following his clerkship, Judge Harris practiced law law Harris practiced Judge his clerkship, Following Judge Harris graduated magna cum laude and with magna cum laude Harris graduated Judge Her volunteer work and civic involvement include include work and civic involvement Her volunteer Justice Hantz Marconi graduated with honors from the the from with honors graduated Marconi Justice Hantz Tenth Circuit. Tenth & Holbrook Waldo, City at the firm of Jones, in Salt Lake of board on the firm’s he also served where McDonough, as an He also worked committee. and executive directors university honors from Brigham Young University in 1995 in 1995 University Brigham Young from honors university School Law Stanford and graduated with distinction from Harris school, law Judge in 1998. Upon graduating from H. Stephen the Honorable to as a judicial clerk served Court of Appeals States for the of the United Anderson ing judge. While a trial judge, he also served on various he also served a trial judge, While ing judge. on Model the Advisory Committee including committees, Civil Jury Instructions and the Small Claims Jury Commit Award the Judicial Excellence He also twice received tee. Bar. State Section of the Utah the Litigation from ris served as a trial judge in the Third District Court for in the Third as a trial judge ris served presid as the associate he served where six years, nearly tion Commission. She lives in Stratham with her husband, with her husband, in Stratham tion Commission. She lives Geno Marconi. Bar Examiners, the NH Women’s Bar Association’s Marilla Marilla Bar Association’s the NH Women’s Bar Examiners, Community the Manchester Committee, Awards Ricker Home, and the Music School, Children’s the Nashua as vice-chair. she served where Center, Josiah Bartlett member with is also a past board Justice Hantz Marconi Judicial Selec Assistance and the Governor’s NH Legal nized as the Women’s Business Boston Reader’s Choice Choice Reader’s Boston Business as the Women’s nized Lawyers.” Ten “Top the Domestic Program, Bono Referral the NH Bar Pro of the NH Board Program, (DOVE) Emergency Violence Following law school, she clerked for the Maine Supreme for the Maine Supreme school, law she clerked Following been honored has Judicial Court. Marconi Justice Hantz Law, for Family in America” as one of the “Best Lawyers Distinguished Nashua YWCA’s was for the nominated the Special Recognition received Leader Award, Women has been recog and Lawyers, the NH Trial from Award vacy standards for internet information. for internet vacy standards science with a BA in political New Hampshire of University of College Kent The Chicago her JD from and received of the Coif. she wasa member of the Order where Law, legal standards for zoning appeals pri and established zoning for standards legal 20 IJA Report / Winter | Spring 2019 Freshman Week fortheincoming class.Aweekafter ant Colonel Huygen gave campustours andassisted with in theState ofMaryland. sity ofMarylandSchoolLaw. Sheisadmitted to practice Huygen isagraduate ofHarvard University andtheUniver Republic ofKorea, andWashington. Lieutenant Colonel Colorado,trict ofColumbia, United Kingdom, Louisiana, over 19years. Shehasbeenassignedto unitsintheDis advocate whohasserved intheUnited States AirForce for asofAugustAppeals, 31, 2017. judge Sheisanactive-duty who serve ontheboards ofpublicbodies. Business articles. He andhisfatherpublished the Law Section. Heisalsotheformereditor-in-chief of South Carolina Barandaspresident oftheGovernment electedwas to theCourtofAppeals. judge fortheThirteenth Circuit. OnFebruary 1, 2017, he From 2004to 2017, Judge Hillserved asaresident circuit numerous specialpurposedistrictsthroughout thestate. and publicutilitylaw, including therepresentation of primarily handled businesslitigation, government law, Hubbell BarRegister ofPre-Eminent Lawyers. The firm started LLC, Hill&Hill, listed whichwas inthe Martindale- practice law firminGreenville. In 2000, heandhis father Wyatt&Bannister,of Hill, ageneral civilandcriminal the Fourth Circuit. From 1990to 2000, amember hewas clerk to Judge Billy WilkinsoftheUS for CourtofAppeals Carolina Law Review School in1989,where amemberofthe hewas from Wofford College in1986, andhisJDfrom USC Law andschool psychologist. educator Carolina Bar;hismother, Dr. aretired was Hill, Grace L. As amemberoftheCrimsonKey Society, Lieuten Judge Hillserved intheHouseofDelegates ofthe After from graduation lawheserved school, aslaw Judge Hillreceived aBAdegree magnacumlaude South Carolina Lawyer , alegal guide designedto assistlay members Judge Hillwas D. “Gary” Garrison South Carolina Court ofAppeals Hill Garrison Criminal Appeals US Air Force Court of Julie Huygen formerpresidentwas oftheSouth late father,in 1964. His LeoH.Hill, born inGreenville, SouthCarolina, States AirForce CourtofCriminal is anappellate militaryjudge, United Lieutenant Colonel JulieJ.R.Huygen . and theauthor ofseveral legal Doing thePublic’s

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- Douglas, Aurora, Gregory, Charles Mix, Turner McCook, and Clay, Yankton, Hutchinson, Hanson,Davison, BonHomme, the Fourth Supreme CourtDistrictconsistingofUnion, the NationalGeospatialIntelligence Agency. of JusticeandtheNationalSecurityCouncilclerked at whichtimesheinterned attheDepartment during school, School ofLaw. Shelived intheDCarea while finishinglaw started theevening program attheUniversity ofMaryland ketball Associationplayer. While she workinginbaseball, team, amajorleague baseballteam,andaNationalBas Shewentonto jobswithaminorleagueGames. baseball men’s icehockey teamthatcompeted atthe1992Olympic shestartedgraduation, workingforUSA Hockey andthe Angeles Asatrialjudge, SuperiorCourt. hepresided over Lavin served formore than 13years asajudge ontheLos associate justiceinDivisionThree. 2015 by Governor Brown Edmund G. Jr. Heserves asan Center inWashington, DC. Advanced ScienceandTechnology AdjudicationResource appointedJustice Jensenwas asaJudicialFellow to the has served onotherboards andcommissions.In2009, Council andpresident oftheSDJudges Associationand as chairoftheUnifiedJudicialSystem’s Presiding Judges of theFirst JudicialCircuit in2011. JusticeJensenserved Governor Mike Rounds. Hebecamethepresiding judge appointedwas asaFirst JudicialCircuit judge by former and Dakota Dunes,SouthDakota. In2003,JusticeJensen in 1989withtheCrary Hufflaw firminSiouxCity, Iowa, Dakota Supreme Courtbefore entering private practice He clerked forJusticeRichard W. Sabers ontheSouth from theUniversity ofSouthDakota SchoolofLaw in1988. Bethel UniversityPaul, in1985andhisJD Minnesota, inSt. South Dakota. Hereceived hisundergraduate degree from Lincoln counties. Before hiselevation Justice to theCourtofAppeal, Justice Jensengrew Wakonda, uponafarmnear on November 3,2017. Herepresents Daugaard.Dennis swornin Hewas to theSupreme Courtby Governor Justice Steven appointed Jensenwas South Dakota Supreme Court Steven Jensen Second Appellate District, inJulySecond Appellate District, to theCaliforniaCourtofAppeal, Lavin appointed was Justice LuisA. Second District California Court ofAppeal forthe LavinLuis A. -

law.nyu.edu/centers/judicial 21 - - - -

, the New New Jersey Family Lawyer Jersey Family New Hany A.Hany Mawla Superior Court, Jersey New Division Appellate A. of the Supe Hany judge is a Mawla assigned of New Jersey rior Court was Division. He the Appellate to He has lectured on family law matters on behalf of the matters law on family He has lectured from degree his undergraduate received Mawla Judge He is also a member of the New Jersey Supreme Court Supreme of the New Jersey He is also a member Distinguished Service Award in 2015. In 2017, Judge Mawla Mawla Judge in 2015. In 2017, Service Award Distinguished of the American Bar Foundation. was inducted as a Fellow Access and Fairness. Education, for Continuing Legal the Institute New Jersey for Justice, and the New Jersey Association New Jersey also was a member of the Mawla Judge Judicial College. of the board editorial an publication. As law Bar Association family State Jersey Community Col adjunct faculty member at Raritan Valley in the courses various litigation taught Mawla Judge lege, He also was an adjunct program. studies degree paralegal in the Department of Politi University at Rutgers professor East Studies and is for Middle cal Science and the Center there. a visiting faculty member currently honors graduating with collegiate University, Rutgers his law in political science. He received and high honors He is the School of Law. Hall University Seton from degree Alumni Distinguished School’s the Law of 2011 recipient an emeritus member of the as serves and currently Award the 2014,In Committee. Diversity received he School’s Law Award Judges’ Diverse Bar Association’s State New Jersey and the Association’s Award), Marshall Thurgood (Justice formerly the presiding judge of the Family Division for Division of the Family judge the presiding formerly counties. and Warren XIII Somerset, Hunterdon, Vicinage this assignment, for he was the supervising judge Before and War for Somerset, Hunterdon, the Special Civil Part of Special counties and was chair of the Committee ren Supervising Judges. Civil Part and was member of the Committee a Practice Family Committee. in Court Improvement Children New Jersey was Mawla a partner in joining the bench, Judge Prior to firm of Greenbaum, department of the law the litigation He is the chair of the New Jersey Smith & Davis. Rowe, on Minority Concerns and a Court Committee Supreme on Court Advisory Committee vice-chair of the Supreme - -

- Harvard Harvard . He is fluent in Spanish. . He is fluent Jessica M. Lorello of Appeals Court Idaho is an Idaho Jessica M. Lorello Judge Boise who graduated from native High School in 1989. She received in Health Care degree a master’s After law school, she worked in private practice at practice in private school, law she worked After Justice Lavin received his bachelor’s degree from from degree his bachelor’s received Justice Lavin Justice Lavin has taught law school classes at USC school classes at USC law has taught Justice Lavin Prior to his appointment to the Superior Court in 2001, Court in 2001, the Superior to his appointment Prior to Givens Pursley until 2004, when she joined the Criminal Pursley Givens Office, where General’s Division of the Idaho Attorney Law Unit and the Capital Litigation in the Appellate she worked Lorello Unit. Judge C.L. appointed Otter Governor “Butch” the Idaho Court of Appealsto in 2017. Administration and her JD from the University of North the University and her JD from Administration Hill. at Chapel Carolina Women’s Law Journal Law Women’s fiduciary duties, jury instructions, verdicts, post-trial fiduciary post-trial verdicts, duties, jury instructions, motions, and bankruptcy. Law Harvard from degree and his law Cornell University of the as an editor he served School, where He also has served as an instructor of judicial educa as an instructor He also has served for Judicial Educationtion for the California Center and Superior Court. Justice and the Los Angeles Research judicial education on ethics has taught courses Lavin case management, remedies, and fairness, provisional summary judgment motions, pleadings, the to challenges He also served as in-house counsel for a labor union and as in-house counsel for a He also served firms based in Cali at law litigation commercial handled fornia and Massachusetts. School. Law and Southwestern School of Law Gould he also served as a justice pro tem on the Court of Appeal. on tem as a justice pro he also served and general of Enforcement was director Justice Lavin City Ethics Commission. counsel for the Los Angeles that, with the as a senior trial attorney he served Before Department States of Justice, Civil Rights Division. United years on the Superior Court, on was assigned years Lavin Justice over department and presided and receivers a writs to mandamus proceedings, and administrative traditional Environmen under the California cases brought including 2015, February October through 2014 Act.tal Quality From civil, criminal, and family law cases. During his last three last three During his cases. law civil, criminal, family and 22 IJA Report / Winter | Spring 2019 Labor SpecialRecognition Award (1990). Director’s Award andUnited of States Department (2005); tion ofGovernment Attorneys inCapitalLitigation Board of Council Prosecutor oftheYear Award (1990),);Associa Year Award (1991);Arizona Prosecuting Attorneys’ Advisory zona Attorney Generals’ CriminalDivisionAttorney ofthe Division Attorney oftheYear Award (2005and2003);Ari ment Award MaricopaCountyAttorney’s (2004); Office Prosecuting Attorney’s AdvisoryCouncil’s LifetimeAchieve Judge McMurdie received thefollowing awards: Arizona General’s OfficeandtheMaricopaCountyAttorney’s Office, andResearch.Appeals Asalawyer fortheArizona Attorney the MaricopaAttorney’s Office asthedivisionchieffor In2001,chief forCriminalAppeals. hebegan workingfor Section.In1991, Appeals appointed asthesection hewas for theArizona Attorney General’s OfficeintheCriminal as theoutstandingcriminallaw student. selected hewas school, fortheTruman Young Fellowship his JDfrom Arizona State University While inlaw in1985. cal sciencefrom UtahState University in1982.Hereceived thepresiding hewas Appeals, Family Courtjudge. and family cases.Priorto beingappointed to theCourtof court judge, Judge McMurdie presided over criminal, civil, While servingasasuperior Janet Napolitanoin2005. been appointed to thesuperiorcourtbenchby Governor having11 years ontheMaricopaCountySuperiorCourt, Doug Ducey in2016. Previously, Judge McMurdie spent Appellate Divisionin2017. Risperdal/Seroquel/Zyprexa. assignedto Shewas the Levaquin, Propecia,ing: AlloDerm, Fosamax, Reglan, and Mayer designated was to handle masstort matters includ Division from 2006to 2009.From 2009to 2017, Judge in theFamily Part from 2003to 2006andintheCivil After from graduating ASU, Judge McMurdie worked Judge McMurdie graduated withaBAdegree inpoliti Appellate Division New JerseySuperiorCourt, Jessica R.Mayer Appeals, Division One,byAppeals, Governor appointed to theArizona Courtof Judge Paul J.McMurdie was Division One Arizona Court ofAppeals, Paul J.McMurdie New Jersey in2002,andsheserved appointed to theSuperiorCourtof Judge JessicaR.Mayer was

- - - - - of veterans’ issuesandassisted members ofCongress in legislative andoversight activitiesregarding awiderange Larry Craig. responsible Duringthistime,shewas for Member Richard Member BurrandChairman/Ranking and asBenefitscounselfrom 2005 Ranking to 2008under SheservedIsakson. asgeneral counselfrom 2008to 2015 staff director and general counselforChairmanJohnny Most recently, sheserved from 2015to 2017asthedeputy Committee onVeterans Affairs. Judge Meredith worked forthe Republican staffofthe Claims inAugust 2017. a judge oftheUnited StatesforVeterans CourtofAppeals confirmed was by theUnited States Senate andappointed twice servingas presiding Criminal Divisionjudge. intheCivilandCriminalDivisions, Division andalso sat McGreevey first Hewas assigned to the in2004. Family man in1997 reappointed andwas by Governor JamesE. to theSuperiorCourtby Governor ChristineTodd Whit amemberoftheBuffalowas Law Review. laude from theUniversity atBuffalo Law where School, she University atBuffalo withaBSandgraduated magnacum clerk to Judge Kramer. caseload. Sheserved from 1997 to 2000asajudiciallaw the chambers’ law clerks; andmanagingthechambers’ chief judge regarding alljudicialfunctions;supervising neth Kramer, servingastheprincipallegal advisorto the theexecutive shewas attorney2004, to ChiefJudge Ken reducing theinventory From ofpendingappeals. 2000to ateamofexperienced attorneysReduction, dedicated to as thedirector ofthecourt’s Task Force forBacklog years. sheserved from While atthecourt, 2004to 2005 forVeteransCourt ofAppeals Claimsformore thanseven ans Affairs, Judge Meredith worked fortheUnited States services forournation’s veterans. enacting numerous laws to helpimprove thebenefitsand For more than12years priorto herappointment, Judge Meredith graduated summacumlaude from the Prior to joiningthestaffofCommittee on Veter States inJune2017. Shesubsequently nated by thePresident oftheUnited MeredithJudge nomi was AmandaL. Veterans Claims US Court ofAppeals for Amanda Meredith Appellate nominated Division.Hewas the SuperiorCourtofNewJersey, Judge ScottMoynihan isassignedto Appellate Division New JerseySuperiorCourt, Scott J.Moynihan

- - - - law.nyu.edu/centers/judicial 23 - - - - Paige Petersen Paige Utah Court Supreme was appointed Petersen Paige Judge Court in Decem the Utah Supreme to Gary Governor ber 2017 by Herbert. Court, joining the Supreme Before Judge Petersen graduated summa cum laude from from summa cum laude graduated Petersen Judge Judge Nelson is a frequent speaker on a number of of on a number speaker is a frequent Nelson Judge Col Justice Nelson sits on the Reed In the community, she was a district court judge in the Third Judicial District, in the Third she was judge a district court counties. Summit, Salt Lake, and Tooele which serves an obtaining in 1995, of Utah first after the University Utah in of Eastern the College from degree associate’s School Law Yale from degree her law Price. She received in the for two years graduation, she clerked in 1999. After After District Court for the Southern District of Ohio. US firm of Simpson Thacher she joined the law her clerkship, She civil litigation. practicing City, York in New & Bartlett as an assistant serving law, criminal to then transitioned in Brooklyn. District of New York in the Eastern attorney US crime and organized cases involving she handled There, then Petersen Judge trafficking. narcotics international Criminal Tribu war at the International crimes prosecuted Netherlands, Hague, in The Yugoslavia nal for the Former for she was a member of the trial team responsible where the former Serbian chief of police prosecuting successfully She then in Kosovo. and mass murder for ethnic cleansing Office in Salt Attorney’s Utah and joined the US to returned crimes for three violent she prosecuted where City, Lake taking the bench. before years topics, including diversity, inclusion, equity, leadership, leadership, equity, inclusion, diversity, including topics, development.the American She sits on and professional Education, on Public Standing Committee Bar Association of Delegates, the ABA House to delegate is the Oregon Roosevelt School Judge Lewis and Clark Law the chairs of is vice-president and Committee, Scholarship Robinson American Inn of Court.the Owen M. Panner Inc. the Self-Enhancement, chairs of Trustees, Board lege Founda Community is on the Oregon of Directors, Board Council, and sits on Leadership Portland tion Metropolitan Board. Advisory Bars the Girl Scouts Beyond - - - - - appointed to the Oregon Supreme Supreme the Oregon to appointed Court on January 2, 2018, making to African American her the first Adrienne Nelson Court Supreme Oregon Justice Adrienne Nelson was Prior to that, Judge Murphy was Murphy a cir that, Judge Prior to Michael L. Murphy of Appeals Court Arkansas on the serves Michael Murphy Judge Arkansas Court of Appeals, having term in 2016. first his to been elected Judge Murphy is a past member of the Arkansas Murphy Bar Judge Before taking the bench, Judge Murphy opened a pri Murphy taking the bench, Judge Before Judge Moynihan earned a BA degree in English from from in English earned degree a BA Moynihan Judge Prior to becoming a judge, Judge Moynihan worked as worked Moynihan Judge a judge, becoming to Prior University of Arkansas. University as an associate with Bennett,as an associate Hartman, Morris & Kaplan of the Portland and as the senior attorney/coordinator Services. and Mediation Student Legal University State the University from Nelson earned her JD degree Judge the from cum laude and her BA summa at Austin of Texas sit on the state’s highest court and any appellate state state appellate highest court and any sit on the state’s on the court. as a trial judge she was In 2006, appointed making her Court in Portland, Multnomah County Circuit of in the state judge the second African American female as her judicial appointments, she worked Prior to Oregon. Inc., then a public defender with Multnomah Defenders, He is a member of the Arkansas Judicial Council and the American Bar Asso and County, Arkansas, Faulkner Public of the Conway on the board ciations and serves children. He has three Schools Foundation. United States Magistrate judge in Springfield, Missouri. in Springfield, judge Magistrate States United of the a past-president Association House of Delegates, Association, and a former mem Arkansas City Attorneys Base Community Council. Air Force Rock ber of the Little vate law practice in his hometown of Conway, Arkansas, of Conway, in his hometown practice law vate as Elected as a deputy prosecutor. in 1988 and worked 22 years for over he served in 1990, city attorney Conway’s in 2014. Murphy judge Judge circuit being elected before of Arkansas and received the University from graduated for the clerk as law He also served in 1986. degree his law cuit judge for the 20th Judicial District in Arkansas. for the 20th Judicial cuit judge Rutgers University in 1979 and a law degree from Seton Seton from degree and a law in 1979 University Rutgers in 1983. of Law School Hall University a law clerk and associate at the law firm of Rinaldo and firm of Rinaldo the law at and associate clerk a law June 1984 and was October asso an to 1981 from Rinaldo Palmisano of firm & Goodman partner at the law and ciate the bench. to 1984 until his appointment June from 24 IJA Report / Winter | Spring 2019 advocate, United States Army CriminalInvestigation Assistance Force, Afghanistan,2009–2010;staffjudge 2010–2012; deputylegal advisor, International Security ligence andSecurityCommand, Fort Belvoir, Virginia, Shafter, staffjudge Hawaii,2012–2014; advocate, Intel judge advocate, 8th TheaterSustainmentCommand,Fort Army Litigation Division,Fort Belvoir 2015–2017; staff Federal Claims. andtheUS fortheDistrictofColumbia, Appeals Courtof fortheFederalCourt ofAppeals Circuit, theUS Courtof Bar ofFlorida.Heisadmitted to practice before theUS National War College HeisamemberoftheState in2015. He received hisMSinnationalsecuritystrategy from the cate General’s Corpswithadirect commissionin1990. from Stetson College ofLaw. HejoinedtheJudge Advo University ofSouthFlorida. Hereceived hisJDin1990 Jersey. In1987, hereceived aBAincriminology from the in July 2017. Colonel SalussoliaborninOradell, was New the NewJersey Women Lawyers Association. Bar Association,theHudsonCountyand State Bars, andsheisamemberoftheNewJersey State Sheisadmitted to theNewJerseyin 1984. andNewYork School ofLaw in1987 andherBAfrom Rutgers University the Essex CountyProsecutor’s Office. the Attorney General, anassistantprosecutor andwas in as adeputyattorney general intheNewJersey Officeof JudgePrior to that, Rose inprivate was practice, served US attorney intheDistrictofNewJersey fornineyears. Rules ofEvidence. on theNewJersey Supreme CourtCommittee onthe In additionto herrole onthebench,Judge Rose serves elevatedshe was to theAppellate Divisioninearly 2018. Vicinage. thenassignedto Shewas theCivilDivisionuntil firstwas assigned to theCriminalDivisioninHudson Colonel Salussolia’s assignmentsinclude: chief, US Judge Rose received herJDfrom Seton HallUniversity Prior to takingthebench,Judge Roseanassistant was Appellate Division New JerseySuperiorCourt, RoseLisa US Army CourtofCriminalAppeals, asassociate judge,assumed duties Judge Advocate General’s Corps, Colonel Paul T. US Salussolia, Army, US Army Court ofCriminalAppeals Paul T. Salussolia appointed to thebenchin2011and sion judge inNewJersey. Shewas Judge Rose isanAppellate Lisa Divi

- - - grown sons. Schermaul ofSaintPetersburg, Florida,andhastwo Germany, 1981–1983. MP withthe615thCompany, Federal Republic of 1991–1993. Colonel Salussolia alsoserved asanenlisted 1993–1994; andTrial Stuttgart counsel, Germany Defense chief ofCivilLaw, 21TAACOM, Germany, Stuttgart, Aviation Troop Louis,Missouri,1994–1997; Command,St. Clayton, 1997–1999; Panama, Contract Litigation attorney, Justice/chief ofAdministrative Law, US Army South,Fort US Army Litigation Division,2000–2003;chiefofMilitary European Task Force, CampEderle, Italy, 2004–2005; rado, 2005–2007; deputystaffjudge advocate, Southern law planner, US NorthernCommand,Patrick AFB,Colo Command, Fort Belvoir, Virginia, 2007–2009; operational the Supreme CourtoftheUnited States. practice, heclerked fortheHonorable Clarence Thomasof office ofSidley Austin Brown & Wood. Following hisyearin criminal andappellate litigation withtheWashington, DC, of theUnited StatesfortheFourth CourtofAppeals Circuit. Ninth Circuit andthenfortheHonorable J.MichaelLuttig vin BrunettioftheUnited Statesforthe CourtofAppeals Procedure Edition ofthe in 1999,where heserved aseditor-in-chief oftheCriminal He received hisJDfrom University SchoolofLaw ofKansas 1995 andhisMBAin1999from theUniversity ofKansas. University ofMinnesota. co-director oftheInstitute forLaw andPolitics atthe and law andpolitics.Inaddition,Judge Stras was courts andjurisdiction,constitutionallaw, criminallaw, 2004 to 2010. Hetaught andwrote intheareas offederal faculty oftheUniversity ofMinnesotaLaw Schoolfrom appointment to theEighthCircuit. a positionheoccupiedfrom July 1, 2010, untilhisrecent anassociatewas justiceoftheMinnesotaSupreme Court, 2018. Before servingontheEighthCircuit, Judge Stras Colonel Salussolia ismarriedto theformerDonna From 2001to 2002,Judge Stras practiced white collar Following lawheclerked school, fortheHonorable Mel Judge Stras received hisBAwithhighestdistinctionin Prior to becomingajudge, amemberofthe hewas Eighth Circuit US Court ofAppeals forthe David R.Stras the EighthCircuit onJanuary31, United Statesfor CourtofAppeals becameajudge onthe Kansas Law Review .

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- law.nyu.edu/centers/judicial 25 - - . - (Roger (Roger ; in local community ; in local Ave Maria Law Review Law Maria Ave Catch Me If You Can If You Me Catch (Dr. Fine/Dr. Madden); and in Fine/Dr. (Dr. Ted Tow Ted of Appeals Court Colorado Court joining the Colorado Before served Tow Ted of Appeals, Judge as years on the trial bench for seven in the 17tha district judge Judicial Too Hot to Handel Hot Too Next to Normal Next Off the bench, Judge Tow enjoys teaching, and is a teaching, Tow enjoys Off the bench, Judge Judge Toth clerked for Judge Daniel A. Daniel for Judge of the Manion clerked Toth Judge of the University from his BA degree received Toth Judge District (Adams County). Prior to his judicial service, he District (Adams County). Prior to District of the Colorado director as the executive served as a deputy years several Council, following Attorneys’ in private career legal his He began district attorney. in labor and primarily an associate working as practice, Dick firms, including law different for three employment (Chicago); inson, Wright, Dusen & Freeman Moon, Van and Sherman Salzman, Madoff & Gunn (Chicago); Matkov, (Denver). & Howard the Colorado faculty member of and frequent graduate in Judicial Education. He Excellence for Faculty Institute Bar Associa in the State roles in leadership also is active as the chair of the Colorado served tion and previously time, Judge Judicial Discipline Commission. In his spare games sports, playing the theater, attending enjoys Tow performing He also enjoys and hiking. skiing, and cards, Sym done so with the Colorado years and has in recent Chorus in phony including theater productions, and Strong) of Denver. Club the Law put on by Revues Ethics numerous practice. Judge Toth has served on or appeared before before on or appeared served has Toth Judge practice. the United courts, including and military federal several and the Circuit of Appeals Court for the Seventh States Circuit. Court of Appeals for the Fourth States United and Circuit Court of Appeals for the Seventh States United District Court States of the United J. Conrad Robert Judge he Additionally, of North Carolina. District for the Western & Reath Biddle counsel at Drinker as an associate worked group. litigation in the commercial where Maria School of Law, the Ave from and his JD Chicago of the he was the managing editor - - - -

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of Appeals for Veterans Claims Claims of Appeals for Veterans Joseph L. Toth for of Appeals Court US Claims Veterans was appointed Joseph L.Judge Toth Court States of the United a judge appointed to the Mississippi Court of the Mississippi Court to appointed Gover 2017. Appeals on October 17, the to him appointed nor Phil Bryant Sean J. Tindell of Appeals Court Mississippi Seanwas Tindell of Gulfport J. Judge Judge Toth is a veteran of the Judge Advocate General General Advocate of the Judge a veteran is Toth Judge Judge Tindell grew up on the Mississippi Gulf Coast. Tindell grew Judge Judge Tindell earned his bachelor’s and master’s and master’s Tindell earned his bachelor’s Judge Judge Tindell served in the Mississippi Senate, repre Senate, in the Mississippi Tindell served Judge A) and was stationed with the Army’s 10th Mountain Divi A) and was stationed with the Army’s Medal the Joint Service Commendation sion. He received duty, active leaving for his service in Afghanistan. After defender in Mil federal as associate served Toth Judge and motions litigation on appellate with a focus waukee, (JAG) Corps of the United States Navy, where he served he served where Navy, States Corps of the United (JAG) Hawaii, and Harbor, as senior defense counsel in Pearl service members, veterans, assistance to legal provided the to was deployed Toth Judge and their families. In 2011, as a field he served Zhari district of Afghanistan, where (ROLFF- Afghanistan Force Law Field of Rule officer for the in August 2017. 2017. in August in Gulfport with their four children, Sam, John Thomas, in Gulfport with their four children, and Henry. Meredith, president and earned honors of American jurisprudence in and earned honors president and domestic relations. counseling and negotiations and the of Biloxi, Harvey and Dora He is the son of Tom live He and his wife Claire Tindell of Biloxi. Sidney late degrees in business administration from the University of the University from in business administration degrees in a study abroad Southern Mississippi. He participated in finance at the London School with an emphasis program Mississippi He earnedof Economics. a JD in 2001 from as student body he served where of Law, School College tee. He was an assistant district attorney for the Second He was district attorney tee. an assistant District of Harrison, Hancock, counties and Stone Circuit in 2007, practice private He entered 2007. 2002 to from and as for the City of Biloxi also serving as a prosecutor for the City of Diamondhead. city attorney vacancy created by Judge David Ishee’s appointment to appointment to Ishee’s David Judge by vacancy created Court. the Supreme the appointment to 2012 until his senting District 49, from Judiciary Com bench. He was chairman of the Senate Commit Tourism and vice chairman of the Senate mittee 26 IJA Report / Winter | Spring 2019 have oneson,daughter, and twograndchildren. married to since1974, hishighschoolsweetheart andthey LawyersDefense Association. Judge Walker hasbeen Lawyers Association andtheTarrant CountyCriminal Texas BarCollege. of Law. He isamemberoftheState Bar ofTexas andthe Delaware, withtheirbeloved BichonFrise, Dewey. and hiswife,Kathleen Andrus,reside inRehoboth Beach, Delaware Army NationalGuard from 1990to 1991. He from Healsoserved asanofficerinthe 2009to 2014. commissioner ontheDelaware River andBay Authority Penalty Litigationof Death from 1998to 2001. Third Circuit Task CourtofAppeals’ Force onManagement from 2011toanappointed 2017andwas memberoftheUS Supreme Court’s Board onProfessional Responsibility ing thestate’s heserved ontheDelaware highestcourt, Delaware Law SchoolofWidenerUniversity. Before join from DartmouthCollege hislaw andearned degree from ment in2017. defender defendingmajorfelony casesuntilhisappoint DefenseServices,servingasanassistantpublic Office of until leaving thefirmin2014Delawareto jointheState of and commercial litigation practice, where heremained disputes. In1999,hetransitioned to thefirm’s corporate defense, personal injurylitigation, anddomesticrelations to focusongeneral litigation matters, including criminal 10 years withthePrickett firm,Justice Traynor continued firm’s managingdirector from 2005 to 2007. For hisfirst wherefirm ofPrickett,Jones&Elliott, heserved asthe a diverse range oflitigation matters. In1990, hejoinedthe began hislegal careerDover withasmallfirminhandling A memberoftheDelaware Barsince1982,JusticeTraynor tice Traynor apracticing was Delaware lawyer for35years. He isaformermemberoftheTexas CriminalDefense In additionto hislegal JusticeTraynor work, a was Justice Traynor received his undergraduate degree Justice Gary TraynorJustice Gary swornin was F.Gary Traynor 2017. Jus Priorto hisappointment, Supreme CourtofDelaware onJuly 5, for hisfirst term asjusticeofthe received hisJDfrom Baylor School from DallasBaptistUniversity and the courtin2016. Hegraduated Judge ScottWalker elected was to Texas Court ofCriminal Appeals Scott Walker - - - James Christer, andtheirdog, DaisyMae. to theAlaskaCourtofAppeals. Alaska Governor BillWalker appointed Judge Wollenberg fortheagency.criminal andcivilappeals InFebruary 2017, defender fortheAppellate Division,supervisingstatewide Agency, andin2011, appointed shewas deputypublic In2006, Appeals. shejoinedtheAlaskaPublic Defender clerk forJudge David MannheimerontheAlaskaCourtof JudgeSchool in2005, Wollenberg moved to Alaskato Australia. for Morgan Stanley, first inNew York andtheninSydney, college, Judge Wollenberg worked asafinancialanalyst Institute ofInternational Legal Studies. Healsoserved as Justice StudiesattheNaval War College andtheDefense alsoanadjunctprofessorIsland. Hewas forMilitary Rhode instructor atthe Naval Newport, JusticeSchool, served asanEvidence, Procedure, andTrial Advocacy Intheacademicarena,Regiment. Colonel Woodard has executive officerforaforward deployed CombatLogistics the officer-in-charge of law centers andone tourasthe Freedom andOperation Iraqi Freedom (2003and2009). He hastwicedeployed insupportofOperation Enduring command, majorandforce commandlevels. mand legal advisorattheinstallation,majorsubordinate ecutor Hehasalsoserved anddefensecounsel. asacom trial andsupervisorylitigation positionsasbothapros advocate in1996, Colonel Woodard served innumerous student judge advocate. After beingdesignated asajudge commissionedofficerthe activeranks duty in1992asa as aninfantrymanin1991. Hequickly transitioned to began whenheenlisted intheUS MarineCorps(Reserve) Colonel Woodard’s Bar since1995. sas militarycareer ville, SchoolofLaw. Hehasbeena memberoftheArkan received hisJDfrom theUniversity Fayette ofArkansas, Judge Wollenberg lives inAnchorage withherpartner, After receiving herlaw degree from Columbia Law His commandtimeincludes twostate-side tours as from Harvard University. Following tan area. Shereceived anABdegree and raised intheNewYork metropoli Judge Tracey Wollenberg born was Alaska Court ofAppeals Tracey Wollenberg ate ofLouisianaTech University and Heisagradu Minden, Louisiana. Colonel ScottWoodard isanative of Criminal Appeals US Navy-Marine Corps Court of ScottWoodardK.

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to be to put on a list for notification After working at the court, Judge Yeary practiced for practiced Yeary at the court, working After Judge NYU Law students interested in serving as an IJA students serving in interested Law NYU IJA an as should check Symplicity in February Summer Fellow RA positions posted, when Faculty are 2019 or contact [email protected] be published.when openings may court portion of the conference. I was truly fascinatedcourt truly by portion I was of the conference. the chosen case, Guido vs. Mount Lemmon District. Fire that one of statutoryThe case a topic was interpretation, Both Professor learning about NYU. at a 1L as I loved Estreicher and Professor guidance McKenzie provided a surreal and it was authorship of the memo, during my experience that the seminar attendees writing used my moot decided the for they as opinion their I am case. participate in this able to that I was grateful extremely rising any recommend it to highly program, and I would 2L at NYU Law. ’20, Tonge Jeff ’20, Roland Christopher Prieto ’20 Vivian the Texas Court of Criminal Appeals to the late Honor the late Appealsof Criminal Court to the Texas serving currently He is the only Bill M. White. Judge able the court as an for also worked have the court to on judge attorney. litigation civil addressing firm, in a private years three his election, prior to Immediately and criminal defense. lawyer as an appellate for 19 years he was employed Texas. He has across offices district attorneys’ in large offices in , Hous attorneys’ for the district worked as counsel and He has appeared and San Antonio. ton, Appeals Court of Criminal both the Texas before argued and Court, and he has prepared Supreme and the Texas Supreme States the United before briefs in cases filed and both his undergraduate Court as well. He received University. St. Mary’s from degrees law - - -

- Lauren Bobersky Boston from graduated I College in 2013 with a dual-degree in applied development psychology/human and communications. I enthusias Fellow be applied to tically an IJA Kevin Patrick Yeary Patrick Kevin of Criminal Appeals Court Texas is a native Yeary Patrick Kevin Judge He was born in Cotulla and Texan. He and his wife, in Laredo. raised and they four daughters, Suzie, have Colonel Woodard assumed the duties assumed of chief judge Woodard Colonel this summer because fascination with judicial of my opportunity rare the as meet to well decision-making as honorable judgesand justices country. the around from the bench I wrote memo for the moot fellow, As an IJA on to clerk in federal and state courts, as well as the clerk in federal and state courts,on to as the as well is a proud US Court. Supreme The Summer Fellowship chair Martin in which Lipton LLB ’55, tradition of IJA Board of Trustees, participatedemeritus of NYU’s as an research assistant IJA (precursor early Summer the to program). Fellow and US Supreme Court criminal law, preparing a bench preparing and US Court Supreme criminal law, memorandum for the AJS moot court, and researching an ethics summary in response questions to posed in the attend Fellows judges. attending by IJA advance gone have Fellows Prior IJA AJSweeklong Seminar. Each year, IJA selects IJA four outstanding to three first- Each year, Fellows. Summer students serve to Law NYU IJA as year under opportunity the work Selected to students have the direct supervision faculty directors pre to of IJA for AJS.pare includes, Such work among other matters, researching of legal in state constitutional developments Spotlight on 2018 IJA Summer Fellows Spotlight on 2018 IJA currently live in Wimberley. Judge Yeary was elected to to was elected Yeary Judge in Wimberley. live currently of Criminal Appeals Court in 2014. 1991 From the Texas at attorney clerk/briefing as a law 1992, he served to ment of Justice, National Security Division, Counter-Ter National Security ment of Justice, Section (2013–2014). rorism of Criminal Appeals Corps Court in of the Navy-Marine 2018. July a Commandant of the Marine Corps Fellow to the Depart to Fellow Corps of the Marine a Commandant 28 IJA Report / Winter | Spring 2019 John Elwood John S.Cooke Justice Shirley S.Abrahamson Jenner &Block Jones Day Vinson &Elkins IJA Board series honoring the state judiciary, among otherprograms. workshops on specialtopics inthelaw, and theWilliamJ. Brennan Jr. Lecture IJAjudicial education. sponsors annualappellate judges training seminars, has beencommitted to improving theadministration ofjusticeandproviding the Institute ofJudicialAdministration (IJA)Since itsfoundingin 1952, Thank youfor yoursupport! membershipinformation www.law.nyu.edu/centers/judicial/ Online: Y Below are two ways to becomeadonorto the institute today: legal policy. donations are All tax-deductible to theextent allowable by law. IJA needsthesupportofitsfriends to carry on itsimportantworkinlaw and not charge that cover judicialparticipantsfees ofitsprograms. thefullcost Because ofthelimited resources ofthestate andfederal courts,IJA does IJA!Support Ian Gershengorn Mayer Brown New York CourtofAppeals Federal JudicialCenter Kirkland &Ellis Federal Insurance Deposit President Dechert Lauren R.Goldman ’97 Meir Feder Paul D. Clement Evan R.Chesler ’75 Chief Judge JanetDiFiore Corporation Cravath, &Moore Swaine Scott Christensen ’97 Birnbaum LLB’65Sheila L.

ou candonate onlineat of Advisors . Administration (IJA), thensendto: payable to theInstitute ofJudicial name andaddress andmake checks Enclosethe Institute byyour check. By mail: Thomson Reuters Judge Patricia AnnMillett Thomas R.Phillips Trevor W. Morrison Thomas C.Leighton Akin GumpStrauss Hauer &Feld Wachtell, Lipton, Rosen &Katz New Jersey Supreme Court Baker Botts New York University SchoolofLaw Morrison &Foerster Deanne E. Maynard E. Deanne Long Robert A. Martin Lipton LLB’55 Rex S.Heinke Chief JusticeStuartRabner Katzmann Chief Judge Robert A. Goldstein &Russell Covington &Burling US CourtofAppeals US CourtofAppeals Sarah E. Harrington Sarah E. for theDCCircuit for theSecondCircuit You canalsocontribute to

Attn: AllisonH.Schifini New York, NY10012 139 Macdougal Street, Room 420 Wilf Hall New York University SchoolofLaw Ins [email protected] (212) 992-6289 Allison H.Schifini ’95 IJA Director Deputy [email protected] (212) 998-6149 Torrey Whitman L. IJA Executive Director [email protected] Troy McKenzie ’00 [email protected] Samuel Estreicher [email protected] Oscar Chase IJA Faculty titute ofJudicialAdministration

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