CASE The National Judicial College PointIN

Winter/Spring 2005

To Split or Not to Split? A Closer Look at the Ninth Circuit

An American Hero in Vietnam Walking on Common Ground

Jackson & Nevada Lecture Series Featuring: Molasky Hon. Procter R. Hug, Jr., of the Ninth Circuit and DeLaughter NJC Board of Trustees Chair Ogletree CASE IN POINT Vol. 4, No.1, Winter/Spring 2005 CASE IN POINT is published two times a year by The National Judicial College. Articles and information that appear in CASE IN POINT do not necessarily refl ect the offi cial position of The National Judicial College. Published articles do not constitute an endorsement of views which may be expressed. Readers are invited to address comments and suggestions to the publisher/editor; however, we cannot guarantee the publication or return of unsolicited manuscripts. CASE IN POINT articles and content are copyright protected. The National Judicial College encour- ages republication and dissemination of articles it publishes with permission. To secure permission to reprint CASE IN POINT articles, please contact the publisher/editor. the CASE IN POINT The National Judicial College Judicial College Building/MS 358 Editorial Team University of Nevada, Reno Reno, NV 89557 From left to right: (800) 25-JUDGE (800-255-8343) Christina Nellemann, Graphic Designer Fax: (775) 327-2167 Nancy Copfer, Scholarship Offi cer www.judges.org Trace Robbers, Director of Communications EXECUTIVE OFFICE Heather Singer, Communications Specialist Hon. William F. Dressel, President EXECUTIVE EDITOR Trace Robbers s we begin a new year at The National Judicial College, the staff, (775) 784-6747 faculty and board of trustees are eager for members of the judiciary email: [email protected] A NJC BOARD OF TRUSTEES to discover the quality and commitment that awaits participants at Hon. Procter R. Hug, Jr., Chair, Reno, NV NJC. As attendees continue to chart their professional development at NJC, Brian A. Larson, Esq., Chair-elect, Las Vegas, NV the dedicated staff is poised to make that journey a positive and engaging one. Hon. Carl O. Bradford, Secretary, Portland, ME Mignon “Dee” Upchurch Beranek, Esq., Treasurer, Tallahassee, FL In addition to our outstanding faculty, our program attorneys, course Hon. Deborah A. Agosti, Carson City, NV administrators and support staff are ready to provide visiting members of the Hon. Elihu M. Berle, Los Angeles, CA judiciary with the personalized service that has become a benchmark at NJC. Hon.Tyrone T. Butler, Washington, D.C. This issue of Case In Point features several articles on judges who have used Hon. Clinton E. Deveaux, Atlanta, GA their NJC training and experience for the betterment of the communities in Samuel Gillespie, Esq., El Segundo, CA Jan Laverty Jones, Las Vegas, NV which they serve. In fact, judicial systems nationwide are benefi ting from the Richard Morgan, Esq., Las Vegas, NV thousands of NJC alumni who recognize the College’s unwavering commit- William H. Neukom, Esq., Seattle, WA ment and excellence as a leader in judicial education. If you are new to the Hon. Frederic Rodgers, Golden, CO bench, we look forward to helping you chart your judicial journey. If you are Hon. Ellen F. Rosenblum, Portland, OR Thomas M. Susman, Esq., Washington, D.C. one of our many alumni – we hope to see you again this year. Steven Walther, Esq., Reno, NV Special thanks go out to my staff – Nancy Copfer, Christina Nellemann and Richard Willard, Esq., Boston, MA Heather Singer – for writing, editing and designing another engaging issue. Saul A. Wolfe, Esq., Livingston, NJ But, in our continued quest for excellence we would like to hear from you on Hon. Alexander M. Sanders, Jr. Immediate Past Chair, Charleston, SC how we can improve Case In Point by including issues and topics important to CHAIR EMERITUS you and the judiciary. Please e-mail your thoughts to us at your convenience, Hon. Florence K. Murray (dec.), Newport, RI Walter H. Beckham, Jr., Esq., Miami, FL and thanks for reading. Hon. B.B. Schraub, Seguin, TX PHOTOGRAPHY Jeff Ross Photography Trace Robbers can be contacted at [email protected]. Stuart Murtland Photography Heather Singer, The National Judicial College winter/spring 2005 DESIGN & PRODUCTION Christina Nellemann, The National Judicial College Trace Robbers A. Carlisle & Co. Printing, Reno Director of Communications

Contents Vol.4, No.1

1 To Split or Not to Split? A Closer Look at the Ninth Circuit

The possible division of the Ninth Circuit has been a congressional 3 argument for years. Judge Procter Hug, Jr., shares his views about the issue.

An American Hero in Vietnam By Judge Lex E. Anderson, Justice of the Peace, Peoria Precinct, Arizona

8 A fi rst person account of Judge Anderson’s trip to Vietnam and his search for answers in the disappearance of an American soldier.

Fairy Tales Really Do Come True By Hon. Nancy Oesterle, Justice Court, Las Vegas, Nevada 16 Storybook characters go on trial during the Fairy Tale Moot Court Program in Las Vegas.

2 President’s Column 5 Court Technology Partners 6 Giving in the Name of a Good Friend 7 A Visit From a Founding Father 10 Supporting the Cause 11 An ABA Executive Looks Back 11 The First Amendment 12 Insight: NJC Courses Prepare Judges to Handle Substance Abuse and Mental Health Issues 14 Walking on Common Ground: Pathways to Equal Justice 15 ¡Hola! from Madrid: Spanish-American Comparative Law Program CASE IN POINTCASE · Winter/Spring 2005 18 Vito de la Cruz: Harmonious Balance 18 Judicial Studies News 19 NCJRL Programs Promote Fair Justice 19 NJC Course Spotlight 20 Our Donors: A Celebration of Giving 22 5,908 Miles for Justice 23 Jackson Lectures: Inspiration, Insight & Advice 24 Bridging the Freedom Gap 25 Book Review: The Judge’s Evidence Bench Book DEPARTMENTS 26 2005 Courses 27 NJC Press contents 28 NJC Press Book Order Form 29 Benchmarks 30 Faculty & Staff 31 Board of Trustees 32 Giving News 33 Donors t he n ational j udicial c ollege 2 with its original oversight entities ending their service with itsoriginaloversightentitiesendingtheirservice the CourtsandMediareached amilestoneinitsexistence TheReynoldsNationalCenterfor a memberoftheTCAPcoalition. federal grants.TheNJCisproud tobe be aresource totribalcourtsreceiving Jones, oftheTribal JudicialInstitute)to (under theableleadershipofJudgeB.J. providersated aconsortiumofservice the Bureau ofJusticeAssistance cre- justice tomembersoftheirtribes.Also, whoworktobring those thejudiciary invaluable coursesandtrainingfor of thetribalcourts.Ithasdeveloped Center wascreated theneeds toserve TheNationalTribalservices. Judicial ated twocenterstoprovide unique About fi locations around thecountry. experienceindesirable ferent learning was launchedtoprovide aslightlydif- from theattendees.TheSeminarSeries received extremely positiveevaluations gic plan.NJC’s residential courseswere wellattendedand NJC workeddiligentlytoachievethegoalsofNJC’s strate- 2004 wasayearofmanyaccomplishmentsasthestaff of I F.Hon. William dressel President’s Column accomplishments, thestaff alsocreated andpresented (1) Itisamazing torealize that inadditiontothese on camerasinthecourtroom andassistancefor operations. anationalconference ing togetherjudgesandjournalists, the Centerwhichwillsupportin-statesymposiumsbring- Donald W. ReynoldsFoundationgavethree newgrantsto the ReynoldsNationalCenterforCourtsandMedia, In recognition oftheoutstandingaccomplishments outstanding volunteersinafuture issueof Committee.Youand Advisory will hearmore aboutthese Boardon theexcellentworkoforiginalGoverning Councilcreated tocarry and anewNationalAdvisory as wellfocusonthechallengesoffuture. and refl t isappropriate atthistimeoftheyeartolookback ve yearsago,theNJCcre- ect ontheaccomplishmentsofpastyear Case InPoint . serving you in2005. serving I andtheothermembersofNJC staff look forward to remains anoutstandingnationaljudicialtrainingcenter. you whohelpusacquire theresources toensure thatNJC remain oneof challenging.Iwanttothankeachandevery resources tomeettheeducationalneedsofjudiciary While thefuture ispositive, theefforts toprovide collegial dialogue.” achieving justicethrough qualityjudicialeducationand achievement ofNJC’s mission:“Providing leadershipin resources wereceive are usedwiselytosupportthe opportunities forjudges.You maybeassured thatthe of thetrusteesmakingdonationstosupporteducation ship, hasonceagaincometogetherwith100percent truly gratifyingwhatadedicatedandcompetentstaff of44 designed foragencies,courtsorotherjudicialentities.Itis ties, and(4)avarietyofacademicofferings specifi workshops, (3)conferences forjudicialenti- learning (2) thetraditionalfacultydevelopmentandnewdistance programs,numerous international on-siteandin-country people canaccomplish! addition totheiroutstandingleader- tion areality. TheBoard ofTrustees, in justicethroughserving judicialeduca- contributions havemadethegoalof names ofdonorswhothrough their College. Inthisissueyouwillfi resources tosupporttheworkof to shoulderwithusaswesoughtthe ers ofNJCwhohavestoodshoulder thank themanyfriendsandsupport- the declineineconomy. Iwantto fi United Statesare facing challenging Manynon-profi made for2006. until youreducationplanscanbe demic calendaranditwon’t belong is almostcompleteonthe2006aca- beginning ofour2005courses,work Whileweare lookingforward tothe scal timessubsequentto9/11and t entitiesacross the cally nd the A Closer Look at the Ninth Circuit To Split 3 or Not to Split? Editor’s Note: Communications Offi ce editorial staff, Trace Robbers and Heather Singer, recently met with Judge Procter R. Hug, Jr. who shared his views on the Ninth Circuit. The following article takes a look at issues surrounding the proposed splitting of “Having a the court. single circuit the largest judi- cial circuit, with interpret and 28 judgeships, the United States apply federal Court of Appeals Afor the Ninth Circuits has evolved through law in the the decades to handle a large caseload in a way that enables the system to run western smoothly and competently, said Ninth Circuit Chief Judge Emeritus Procter Hug, United States, Jr., of Reno. Judge Hug, who also serves as chair of The National Judicial College’s is a strength Board of Trustees, recently shared his views on the congressional efforts to of the circuit split the Ninth Circuit into two or three smaller circuits. The Ninth Circuit has its that should be headquarters in San Francisco and serves the nine western states of Nevada, Califor- maintained.” nia, Arizona, Washington, Oregon, Idaho, Montana, Alaska and Hawaii, as well as the territories of Guam and the Northern Mariana Islands. During Judge Hug’s fi ve-year tenure as chief judge of the Ninth Circuit, there were three serious efforts to divide the Ninth Circuit. He worked with all of the judges in the Ninth Circuit, the members of the bar, and many others in seeking IN POINTCASE · Winter/Spring 2005 to avoid any division of the circuit and, with others, made numerous trips to confer with members of Congress. A great majority of the judges and lawyers in the Ninth Circuit opposed any division of the circuit. Judge Hug mobilized the opposi- tion to any division of the Ninth Circuit. He noted that the following opposed any division: the American Bar Association, the Federal Bar Association, local bar associations within the Ninth Circuit, the United States Department of Justice, the U.S. attorneys and public defend- Hon. Procter R. Hug, Jr., ers in the Ninth Circuit, and numerous of the Ninth Circuit and respected scholars who have studied NJC Board of Trustees Chair circuit court structure. t he n ational j udicial c ollege 4 by theHouseofRepresentatives, butdid gress. Itwasnarrowly approved 205-194 introduced lateinthelastsessionofCon- AbilltosplittheNinthCircuit was less.” constitutional dimensionandrequires no for theindependenceofjudiciaryis mustbefaithfullyhonored,judges. Thisrule particular judicialdecisionsor courts (ortoleavethemalone)becauseof (or nottorealign them)andtorestructure undebatable: Itiswrong torealign circuits “There isoneprinciplethatweregard as of theWhiteCommission: efforts. Henotedtheimportantstatement unpopular decisionshavemotivatedthe White Commission.Sometimes,however, by independentstudies,includingthe effi cuit operatesvery effi the circuit issimplytoolarge tooperate Proponents ofthesplithavestatedthat surfaced severaltimesinpastdecades. Theissueofsplittingthecircuit has them. Circuit andfoundnomeritinanyof a dozenproposals forsplittingtheNinth sion alsostatedthatithadexaminedover administrative structure.” TheCommis- practical advantagesoftheNinthCircuit body offederalappellatelaw, andthe a mechanismforobtainingconsistent circuits woulddeprivethewestcoastof be maintained.Anyrealignment ofthe is astrength ofthecircuit thatshould with othernationsonthePacifi relations and maritimelawsthatgovern States, particularlythefederalcommercial United apply federallawinthewestern . Havingasinglecircuit interpret and costsofcreatingmonetary anewcircuit istrative disruption,nottomentionthe would imposesubstantialcostsofadmin- mission statedthat“splittingthecircuit JudgeHugnotedthattheWhiteCom- division ofthecircuit. of 38personswhotestifi and attheSanFranciscohearing37out opposed anydivisionoftheNinthCircuit, 20 outofthe25personswhotestifi the NinthCircuit. AttheSeattlehearing andinSeattleSanFranciscofor try conducted hearingsthroughout thecoun- its chairman.The“WhiteCommission” Supreme CourtJusticeByron Whiteas of thecommissionanddesignatedformer Justice Rehnquistappointedthemembers reference totheNinthCircuit. Chief ture ofallthecircuit courtswithspecial creating acommissiontostudythestruc- Thelasteffort resulted inCongress were defeated. The attemptstosplittheNinthCircuit ciently. JudgeHugstatedthatthecir- ciently, asrecognized ed opposedany c Rim, ed personal opinions andbiasesinorder to “Judgesare expectedtoputawaytheir seriously.Hug hasalwaystakenvery asajudgeisrole Serving that Judge public shouldbeaware ofourbusiness.” are consciousofthefactthat the very big stories,”explainedJudgeHug. “We of thepress mightbehavingincovering consciousofanyproblemsvery members “We tobeopenwiththepress try and the NinthCircuit andthemedia. dously improved therelationship between spearheaded byJudgeHug,thattremen- Community Outreach committee(PICO), Ninth Circuit’s PublicInformation and subcommittee theprogress madebythe ShealsodescribedtotheHouse recognition.” arethe 21stCentury receiving national judicial administrationissuesfacingusin foresighted efforts todealwiththecritical is this:ourcircuit workswellandour subcommittee, “Themostimportantpoint before Congress, shestatedtotheHouse lel tothoseofJudgeHug.Intestifying the divisionofcircuit thatrunparal- Circuit, M.Schroeder, Mary hasviewson ThenewchiefjudgeoftheNinth division, headded. ity ofNinthCircuit judgesopposedtoits judges, explainedJudgeHug.Themajor- approval oftheFifthandEighthCircuit those divisionscameaboutwiththe circuits. Themajordifference wasthat was dividedintotheFifthandEleventh circuits and,in1980,theFifthCircuit was dividedintotheEighthandTenth cessfully split.In1929,theEighthCircuit Onlytwoothercircuits havebeensuc- tives inthissessionofCongress. introduced intheHouseofRepresenta- bills tosplittheNinthCircuit havebeen not comeupforavoteintheSenate.Two provides avery provides avery “I thinkNJC “I thinkNJC our nation.” our nation.” important important service to service to judges in judges in nation’s citizens. uphold freedom andlibertyforallofour well-balanced justicesystemthatseeks to adapt andcontinuetostriveforafair, will personnel, andcommunitiesserved he feelsconfi ogy andcourtprograms, JudgeHugsaid College, aswelladvancesintechnol- Becauseofprograms offered atthe wide issue. many more address thiscurrent nation- Court Judges,GeneralJurisdictionand High Volume, EssentialSkillsforTribal Judicial BenchSkills,AdministrativeLaw: tive Casefl College, innovativecoursessuchasEffec- expressed JudgeHug.Each year, atthe need forqualityjudicialeducation,” National JudicialCollege,enforcing the topics covered incourses offered atThe Circuit hasfaced,isoneofmanyuseful ing caseloads,similartowhattheNinth and courtshavingtodealwithincreas- “Therapidlygrowing issueofjudges communities.” their opinionsare well-respected intheir nation thinkhighlyoftheCollegesince signifi area andforNevada,”he added.“Itisvery become great ambassadors fortheReno because judgeswhovisittheCollege “TheCollegeisimportanttoNevada and hasbeenasupporterofiteversince. supporter ofbringingtheCollegetoReno to theUNRcampus.Hewasastrong National JudicialCollegewasrelocated Board ofRegentsin1964whenThe was ontheUniversityofNevada,Reno’s, AlifetimeRenoresident, JudgeHug expressed JudgeHug. ing judicialeducationissoimportant,” judges inournationbecausecontinu- lege provides to importantservice avery “IthinkTheNationalJudicialCol- needs ofjudgesacross thenation. ity togrow andadaptwiththechanging with TheNationalJudicialCollege’s abil- on thefaculty,” hesaid.Heisalsopleased attended coursesattheCollegeorserved justice. “ManyNinthCircuit judgeshave has onempoweringjudgestoadminister to see,fi lege’s Board ofTrustees, JudgeHugisable AschairofTheNationalJudicialCol- job asajudgetoenforce thelaw.” to seeadecisiongoanotherway, itismy Even though,asanindividual,Imaywant by thepastdecisionsofourowncourt. Congress, Supreme Courtauthority, and “We are boundbythestatutespassed decide andinterpret thelaw,” hesaid. http://www.ca9.uscourts.gov Court ofAppeals,pleasevisit: For more ontheNinth Circuit information cant tohavejudgesfrom across the rsthand, theimpactCollege ow Management, Enhancing dent thatthejudges,court NJC

he National Judicial College’s Jefferson Audio-Video donated $45,000 A company called CourtCall also state-of-the-art model courtroom in equipment in 2003 to NJC and also donated equipment that enables tele- is proof of the incredible technol- completed an update in April of 2003 of conferencing, which saves the attorneys Togy available today that enables the audio-video system, which enables and the court money. If a trial is not in courtrooms to run more smoothly and web conferencing and records everything session and the judge is deciding motions, effi ciently. With a top notch digital audio- going on in the courtroom. The system CourtCall provides attorneys a way to be 5 video system, an evidence presentation includes fi ve cameras and a tape back-up in court without physically having to be system and a convenient cable manage- system, which eliminates the need for a there. CourtCall charges the attorneys for ment system, the model courtroom at NJC court reporter, Sawyer explained. The the service and then splits the money with serves as a blueprint for other courtrooms entire system is voice activated. the court, so it also serves as a revenue being constructed across the nation. The The Jefferson Audio-Video system source for the court system. courtroom was created with technology has many other state-of-the-art features With all of its high tech equipment, the donated by ExhibitOne, Jefferson Audio- including a white noise generator over the model courtroom not only serves Video, CourtCall and Waco Composites. jury box that enables the judge to have as a blueprint, it is an essential educa- At 2,700 square feet, the model more privacy when discussing matters tional tool for attorneys and judges. The courtroom was completed in December with attorneys during a bench conference. courtroom is used for mock trials, role- of 1999 and is entirely American Dis- White noise is generated so the jurors playing, sentencing exercises and technol- abilities Act (ADA) accessible. It was the cannot hear what the judge and attorneys ogy demonstrations. last portion of the new wing of NJC to are saying. ExhibitOne has upgraded the “The courtroom, as an educational tool, be completed, explained Joseph Sawyer, evidence presentation system, is used constantly,” emphasized Sawyer. distance learning and technology manager which enables evidence to be digitally “We train both judges and attorneys on at NJC. displayed to jurors so the evidence can be the latest technology and there are dif- Court Technology PARTNERS By Heather Singer, NJC Communications Specialist

“We are having an impact on the devel- Waco Composites I, Ltd. ferent techniques for both. With lawyers, opment of new courthouses,” he said. you train them how to use it and with “We don’t call it the courtroom of the Toll Free: (866) 688-3088 judges, you are really working with future because it is too hard to live up to CourtCall them on what is the right technology for that title. That’s why we call it the model Toll Free: (888) 882-6878 their courtrooms.” courtroom. We hope that other court- Because of the model courtroom’s rooms will have as much, if not more, Jefferson Audio Video Systems availability and modern appeal, movie technology in the future.” Phone: (502) 244-8788 producers have scouted it for possible Having technology in the courtroom ExhibitOne fi lm shoots. It has also been the fi lming can have many advantages, such as Toll Free: (888) 572-3265 site for legal and court-based documen- speeding up cases and saving taxpayers’ tary footage. money, Sawyer added. The NJC’s model viewed more closely without having to be In addition to showcasing the newest courtroom is continually being upgraded, passed around. equipment and serving as an educa- IN POINTCASE · Winter/Spring 2005 which can be done more easily because “Instead of passing a letter around or tional tool, NJC’s model courtroom also of the cable management system, which a bloody glove, you have an evidence lends itself for real cases to be heard. means the courtroom has a false fl oor, presentation system where all of the The Washoe County Family Drug Court designed for a computer lab. members of the jury can look at the same often hears cases in the model courtroom “Between the false fl oor and the con- item at the same time, which means because it allows for more room and the crete is eight inches of space,” Sawyer they are really focused on it all together,” Inter-Tribal Court of Appeals holds ses- said. “You’ll never see gray tape on the added Sawyer. sions there four times a year as well. fl oor holding our cables down because In today’s society, where violence is As an actual courtroom, a technology we have that computer lab fl oor and we a constant factor, the model courtroom showcase and an educational tool, The are starting to see more courtrooms install includes a safety feature with a bench that National Judicial College’s model court- that type of fl oor.” is fully armored. The armor, which was room plays an essential role in improv- As new technology becomes avail- donated and designed by Waco Com- ing the dynamics of an ever-changing able, ExhibitOne, Jefferson Audio-Video, posites, does not only defl ect bullets, it court system. As technology advances, CourtCall and Waco Composites, which catches them, Sawyer pointed out. the model courtroom will continue to be donated much of the model courtroom “It protects not only the judges, but upgraded to lead the justice system into a technology, continue to maintain their everyone else in the courtroom as well modern and more effi cient future. NJC equipment. The donated technology because the bullet isn’t bouncing off the totals around $200,000, said Sawyer. walls,” he added. t he n ational j udicial c ollege 6 NJC DONORPROFILE T hadn’t hired me,mylifewould havebeen such ahugeboosttomylife.IfRolly fact thathehired mesolongago,gave infl “Idon’t thinkRollyeverrealized the become thepersonheistoday. that infl humble beginnings,workingwithMelton Dan’s career tookanotherpath,itwas his ness 30yearsagoinReno.Although Dan hisfi people’s lives.It wasMeltonwhogave compassionate andhetrulycared about “People’s Hewas warm, Journalist.” was knownbymanyNevadansasthe Melton, aformerNJCboard member, commitment from usforadearfriend.” it. Itisnotjustadonation,butpersonal further todemonstratetheimportanceof a maximumamountandthengolittle My fatherfeltitwasimportanttodonate because theRNCCMmeantalottohim. “We talkedaboutdoingthisforRolly property owner/managerinPhiladelphia. justifi ingful amount,especiallyforacausethat making donations,youdoitinamean- “Myfatherhasalwayssaidthatin $100,000. Albert, aNewYork investor, hasdonated Courts andMedia(RNCCM).Hisfather, College’s ReynoldsNationalCenterfor the programs ofTheNationalJudicial the MeltonChair, thefundthatsupports Since2003,Danhasgiven$50,000to tional friend? dear totheirinspira- to supportacauseheld what betterwaythan had ontheirlives.And infl to showtheenormous something signifi father wantedtodo Melton, Danandhis Reno’s lateRollanD. 30-year friendshipwith Albert. Inspired bya Gordon andhisfather, on target withDan that sayingisright friendship andgiving, tree. Intheareas of uence hehadonme,”said.“The uence that Melton es it,”explainedDan,areal estate uenced his lifeandhelpedhim fall farfrom the apple doesnot hey saythe rst jobinthenewspaperbusi- Giving intheName Giving cant of Friend aGood wanted ourdonations torecognize the humane. Weimportant andhe wasvery manner. Heneverprojected himselfas both likedhisself-effacing andpersonable admiration forRolly,” expressed Dan.“We “Myfather andIhadgreat affection and native Nevadan. and grew alongwithhisrespect forthe Melton beganthrough hisson’s job Hisfather’s friendshipwith my life.” hehadaprofoundin journalism, effect on a lotdifferent. EventhoughIdidnotstay that inmaking donations, you My father has especially for a causethat meaningful meaningful always said justifi - DanGordon do it ina amount, es it. at www.judges.org. (800) 25-JUDGEorvisittheCollege’s website annually. Formore pleasecall information, viewed bythousandsofjudgesandvisitors opportunities withintheCollegethat are family membersaswellmanynaming giving opportunitiestoremember friendsand The NationalJudicialCollegehasmany had specialadmirationforRolly.” sands ofbusinesspeople,buthealways dad hasmethundreds, possiblythou- about,” Danadded.“Overhislifetime,my this whenitissomethinghefeelsstrongly “My dadwillonlydosomethinglike the inspirationheleftbehind. gratitude tothegreat manRollywasand gave theirdonationsasanexpression of Danstressed thatheandhisfather never haveasked.” happy aboutourdonationsbuthewould cared about.Ithinkhe wouldbevery as muchwecouldtosomethingRolly made itespeciallyimportantforustogive much from people,”expressed Dan. “That “Idon’t thinkRollyeveraskedfor of them. Melton wouldneverhaveaskedthis was madeevenmore special byknowing Donatingintheirfriend’s memory those ideals.” My fatherandIare willing tosupport was extremely important toRolly. said. “Theissueofjudgesandjournalists ing changesinourjudiciary,” he informing thepublicofongo- are charged “Journalists with our society. are criticalto judges andjournalists great friend,Dansaidthe roles of have beenmainlytohonora Although theGordon’s donations honor afterhisdeathin2002. Melton Chairwascreated inhis ally benefi with thegoalofcreating amutu- together thesetwoopposingforces tant toMeltonbecauseitbrought cial College’s RNCCMwasimpor- TheNationalJudi- and journalists. the tensionsthatranamongjudges media, Meltonknewwellenough Asupporterofthepress andthe done fortheRenoarea.” great personhewasandallhas cial understanding.The Donate Your 7 Unexpended Campaign Funds

s one of The National Judicial ing at the College because he has acquired to NJC College’s founders and dean in so much knowledge and information over 1963, Professor Ernest C. the years he feels compelled to pass it on. Do you have funds leftover from Friesen, Jr., has journeyed There is nothing in legal education or law your recent campaign? If so, Aback to the College every year since practice that prepares people to become consider making a donation to to teach courses ranging from General judges, pointed out Professor Friesen. The National Judicial College to Jurisdiction and Court Administration “One of the best judges I knew never help judges attend courses and to Managing Trials Effectively and Court practiced law a day in his life,” he added. programs offered by NJC. Dona- Management for Tribal Court Judges and The three qualities he considers essen- tions may be designated toward Personnel. In that time, he has taught tial to being a good judge are integrity, scholarships, the support of nearly 90 NJC courses. A law school industry and intellect, said Professor operations, program sponsorship professor who retired in Friesen. or NJC Endowment. Campaign 1995, Professor Friesen “With those three said helping start The “One of the qualities, you can organizations (such as the Justice National Judicial Col- become a great judge,” Deborah Agosti Election Commit- lege is one of his great- best judges he shared. “But, you tee of Nevada) have recognized est accomplishments. must also have curiosity that donating unused funds to “I feel like it is I knew never which comes from an educational institutions such as the most successful open mind.” NJC is a powerful way to show enterprise I have had Professor Friesen support of judicial education. part in and I have taken practiced consults and teaches part in many,” he said with judicial systems For more information or to donate, while visiting NJC in law a day in throughout the world. please contact Development Director May of 2004 as part He has served as dean Janice Barbour at (800) 25-JUDGE of the faculty for the his life.” and professor at the Court Management for Whittier College School or [email protected]. Tribal Court Judges and Prof. Ernest C. Friesen, Jr. of Law and California Personnel course. Western School of Law. “I think it is the most His teaching career important thing I have also includes several ever done. There was years at the University no judicial education of Cincinnati and the in the country in 1963 University of Denver IN POINTCASE · Winter/Spring 2005 and now it is routinely where he taught civil accepted.” procedure, confl icts of law and federal With a teaching career spanning more courts. He served as assistant attorney than four decades, Professor Friesen said general of the United States Department judicial education has evolved to exceed of Justice from 1965-1967. In 1967, he his expectations and NJC has grown and was appointed director of the Administra- become more nationally recognized than tive Offi ce of the United States Courts by he had imagined was possible 41 years the United States Supreme Court, where he ago. One of the biggest changes he has served until 1970, when he resigned to start seen over the years is the courtrooms the Institute for Court Management at the evolving from being run by attorneys to University of Denver. He was awarded The being run by judges. National Judicial College’s Erwin N. Gris- “The College brought about this change wold award for teaching excellence in 1995. because of the community of judges it created,” he said. “The College opened Shown above: Taking part in the NJC ground- up dialogue on judicial issues. It enabled breaking ceremony in 1964 are (from left) judges to gain a national perspective.” Hon. Frank Murray, Prof. Ernest Friesen, Jr., Professor Friesen said he enjoys teach- Hon. Larry Hyde, Jr., Justice Tom C. Clark and Hon. Procter Hug, Jr. By Judge Lex E. Anderson, Justice of the Peace, Peoria Precinct, Arizona 8 HeroAn American in Vietnam

t was December 5, 1965. I was in the Unknown to the American soldiers, he fi rst heard the deadly cacophony of seventh grade at Washington Viet Cong trail watchers had constantly machine gun fi re. Many young American IElementary School in Phoenix, Ari- monitored their progress through the soldiers lost their lives before they ever zona. As I was counting down the days jungle. On the opposite side of Highway had a chance to react; others were able to to Christmas, halfway around the world a 1, more than 1,000 soldiers of the 9th dive for cover and began returning fi re. battalion (300 men) of U.S. soldiers from Viet Cong Regiment lay in wait to spring a The distinctive staccato of the Russian the Army 1st Infantry Division were cut- tremendous ambush that would eventu- AK-47 machine guns was followed by ting their way through the dense South- the terrifying sound of the enemy bugles east Asian jungle. At age 12, I had barely that signaled waves of Viet Cong soldiers heard of that faraway place called Vietnam to charge into the Americans with fi xed and most certainly never dreamed that bayonets. Vastly outnumbered by the the horrifi c battle that was about to take enemy, fi ghting was reduced along some place would ever affect my life some 38 of the lines to hand to hand combat. With years later. little or no time to reload their guns many On that December day in 1965, as U.S. soldiers died unspeakable deaths ollege the sun rose over the Republic of South as they were swarmed over by hoards of c Vietnam, so did the sweltering heat. The the enemy. Words can scarcely describe young American soldiers, many just teen- the fear, adrenaline, or heart pounding agers were making their way back to their primeval fi ght for survival that a soldier base at Lai Khe after a mission to rescue Pfc. Ken Abrams is shown in February of experiences when death is so imminent. an ARVN outpost that had been brutally 1966 at the U.S. Army base in Lai Khe, The surviving American soldiers udicial udicial mauled by the elusive Viet Cong forces. Vietnam. He is 19 in this photo. risked their lives many times that day in j As the weary soldiers broke out of the attempts to evacuate their wounded and thick jungle and reached Highway 1 dead under heavy fi re. Facing annihila- (a narrow dirt road that ran the length ally trigger those heartbreaking telegrams tion, the survivors had to leave their fallen of the country) their column stretched to mothers and fathers back home in comrades. Pfc. Abrams, had picked up a nearly a quarter mile. They walked two the United States. As the U.S. soldiers slain American soldier, and began making ational and three abreast down the road, dead emerged onto the highway and into the his way to an evacuation point when he n tired after three days of slashing their way killing zone of the ambush, 19-year-old was also forced to abandon his effort. As Pfc. Ken Abrams was just exiting the

he through the jungle undergrowth. Abrams laid the body on the ground he jungle at the rear of the battalion when t saw the man’s face for the fi rst time. His having always held out hope that her Upon arriving in Ben-Cat province name was Edward Charles Upner, a ser- husband might possibly have survived not far from the former U.S. Army base, geant. With graying hair, he looked much and would return home as he had done in we were escorted to the home of Bak older than his fellow soldiers. Sewn above two previous wars. In fact, during WWII, Mau, a man who lived his entire life in the left breast pocket on his blood-soaked he was reported as missing for a period the region where the ambush took place. uniform was the coveted CIB (combat of time and was subsequently located in a Mau, through an interpreter, said he 9 infantryman badge), one of the infantry- hospital in the Philippines. could show us the location of the battle man’s most treasured medals and one of For 38 years, Monzia Upner had lived because he was there when it happened. the few that is worn on all classes of uni- with an uncertainty regarding her hus- He was one of the trail watchers for the forms including fatigues. It consists of a band’s fate. Finally, Mrs. Upner and her Viet Cong that had followed the American rectangle with a rifl e, superimposed over three grown children learned the details soldiers through the jungle that day. Mau an oval wreath. One glance at a recipient’s of Sgt. Upner’s death from Ken Abrams, described the ambush and its aftermath in uniform commands instant respect and the last American soldier to see him. They chillingly accurate detail. indicates the wearer has had previous learned that their brave husband and Upon questioning about any Americans “When the war in Vietnam began to escalate, he rejoined the Army to share his combat experience with ‘those young American kids’ on how to stay alive.” combat experience. This fallen warrior’s taken off the battlefi eld by Viet Cong CIB, however, was noticeably different, it forces, Mau said that he knew of one, an had a star attached to the oval wreath; a older soldier that was taken away. He led distinction earned from having served in us to a concrete culvert that ran under combat in both WWII and Korea. the road, and pointed to a spot 20 meters The following day U.S. soldiers away where he had seen the body under returned to the battlefi eld to begin the a large tree. Mau said he saw the Ameri- grisly task of recovering their dead. Pfc. can soldiers come back the day after the Abrams and others found Sgt. Upner’s ambush and look for the body, but stated, military identifi cation card and dog tags “they just didn’t look in the right place.” in the road, but when they went to the Mau said the he passed by the body many location where his body had been placed, times and it was never buried. it was gone. He was listed as missing and I turned my information and not as being killed in action because his Judge Lex Anderson kneels over the spot photographs over to the U.S. Department body had not been recovered. where Sgt. Upner’s body had been dragged of Defense, which is now investigating, Pfc. Abrams survived the war in Viet- and left by the Viet Cong after the Dec. and to the family of that fallen American nam and went on to make a career in the 5, 1965 ambush. American soldiers, who hero who died on a dirt road that horrible Army. In December of 2000, he told this returned the next day, were unable to fi nd his day in Vietnam 38 years ago. My quest to story to me, and said that for more than body because it had been moved from the spot take a picture of a little known battlefi eld three decades, he had thought about Sgt. where Pfc. Ken Abrams was forced to leave it in a jungle halfway around the world Upner’s family. in order to fl ee for his life. where so many young American soldiers I took an interest in this story and the lost their lives has brought the realization disappearance of Sgt. Upner. Two years that as an American, I am forever grateful father, although missing, was never later, after researching military after-action to the armed forces veterans that made

captured alive, nor was he tortured, nor IN POINTCASE · Winter/Spring 2005 reports and archives, I learned that Sgt. the ultimate sacrifi ces so that we may did he suffer in death, but that he died Edward Charles Upner was from Annis- remain free. NJC “trying to save the lives of those young ton, Alabama. He did not have to go to American kids.” Vietnam, as he had already seen the hor- Editor’s Note: Judge Lex Anderson is an In September of 2003, I accepted rors of war in WWII and Korea and had alumnus of The National Judicial College an opportunity to travel to Vietnam to retired from the military. When the war (NJC). Ken Abrams is the court building/ observe their judicial branch of govern- in Vietnam began to escalate, he rejoined facilities management supervisor for Judge ment and meet with their chief justice. the Army to share his combat experience Anderson’s courthouse in Maricopa County, The family of the late Sgt. Upner asked with “those young American kids” on how Arizona. Alton Do, NJC international/judi- me to take a photograph of the battle- to stay alive. At age 43, he was respect- cial studies program specialist, originally fi eld where their father died if it could be fully known by the young privates as “the arranged for the meeting between Judge arranged. I relayed this story and request old man.” Anderson and Chief Justice Tho Xuan Pham, to Chief Justice Tho Xuan Pham, himself The Veterans Affairs Offi ce in Anniston of Vietnam. a 10-year veteran of the same war. Justice notifi ed Sgt. Upner’s wife and asked if she Pham was so taken by the story that he would like to speak with someone regard- personally searched Vietnamese archives ing the circumstances of her husband’s regarding this battle and arranged a trip to death. She said yes. Monzia Upner, now the site, which, to this day, is normally off in her late 70’s, had never remarried limits to foreigners. SUPPORTING 10 SUPPORTING THETHE CAUSE CAUSE Donald W. Reynolds NJC’s Civil Mediation NJC Receives $20,000 Foundation Awards $2.3 Course Included Grant From the Robert Z. Million in Grants to in ILJ’s Evaluation of Hawkins Foundation NJC’s RNCCM Model Training Programs The National Judicial College was recently awarded a $20,000 grant from the The Donald W. Reynolds National The Institute for Law and Justice (ILJ) Robert Z. Hawkins Foundation to be used Center for Courts and Media (RNCCM) was awarded a contract by the U.S. National toward the purchase of a second classroom at The National Judicial College recently Institute of Justice to conduct a two-year responder system. This system is made has been awarded three grants, totaling project with the purpose of producing a up of wireless, handheld keypads that $2.3 million, from the Las Vegas, Nevada, training evaluation model that can guide will allow the College’s student judges to based Donald W. Reynolds Foundation. In evaluations of a wide range of criminal jus- respond anonymously and uninhibited to an effort to foster understanding between tice training activities supported by federal, questions posed by instructors regarding judges and journalists, the RNCCM will state and local funds. sensitive legal issues. use the grants for three purposes: (1) a The overall goal is to help U.S. Depart- The Robert Z. Hawkins Foundation national conference focusing on the chal- ment of Justice (DOJ) agencies achieve more is known throughout northern Nevada. lenges faced by both the courts and the consistency and control over funded train- Formed in 1980 through the will of Robert media in handling high-profi le trials; (2) ing. This project will give DOJ a new and Ziemer Hawkins, a longtime Reno resident, one-day workshops in various states for consistent way of assessing training projects. lawyer and successful inventor, the Foun- judges and journalists; and (3) general The four programs chosen to be evalu- dation’s giving is geared toward charitable, operating support for the RNCCM. ated are: Civil Mediation, offered by The religious, educational, scientifi c and literary Upon announcing the grants, Fred W. National Judicial College; Tools for Tolerance organizations as well as groups that work Smith, chairman of the Donald W. Reynolds Institutes, offered by the Simon Wiesen- toward preventing child and animal abuse. Foundation said, “We hope these grants thal Center; Foundations of Intelligence will be successful in accomplishing a better Analysis Training (FIAT), offered by the understanding between individuals working National White Collar Crime Center; and The National Judicial within the judicial system and those in the Advanced Leadership for Law Enforcement College Receives $50,000 media while they continue in their respec- and Corrections Professionals, offered by the Grant for Computers tive roles to best serve the public.” National Law Enforcement and Corrections From The E.L. Cord “With the ever-increasing emphasis on Training and Technology Center. Foundation trials and coverage of court proceedings The NJC course was selected after ILJ The National Judicial College has been in national and local news, the need for conducted assessments on each of the FY approved to receive a $50,000 grant to reducing confl ict between the press and 2002 BJA discretionary grants for criminal upgrade the computer lab from The E.L. the judiciary has never been greater. The justice training courses. In particular, ILJ Cord Foundation, a Reno-based phil- newgrants will heighten the impact of our was interested in the Civil Mediation course anthropic organization dedicated to the work signifi cantly,” said RNCCM director because it is a lengthy skill-based course betterment and well-being of humankind. Gary Hengstler. in which it is possible to measure changes “This is quite a gift and we are extremely Through its educational programs, in knowledge and behavior in the course grateful,” said NJC President William F. RNCCM works to ensure that judges participants as a result of taking this course. and journalists develop insight into their Dressel. “A computer lab is an excellent ollege respective roles. Neither institution can learning resource for our judges and it c fully fl ourish without the other. The NJC Receives IOLTA is essential to continually improve it as courts breathe life into the constitutional Grants for Scholarships for today’s technology improves.” The grant will improve NJC’s ability guarantee of a free press. In addition, the N.C. and S.C. Judges to meet the evolving needs of judges as free press validates the power of an inde- The National Judicial College (NJC) pendent judiciary. Absent a strong mutual changes in the economy, technology and udicial udicial is pleased to announce it has received

j population demographics contribute to the understanding between the courts and grants from IOLTA funds from both North complexity of the training they require. It media, public confi dence in the entire Carolina and South Carolina. The North will also allow the College to increase its system erodes, and democracy, as we Carolina State Bar Plan’s IOLTA fund gave online curriculum. In the past, NJC has understand it, is imperiled. The Center’s $5,295 and $21,706 was given by the offered four online courses a year. In 2005, sole purpose is to promote that under- South Carolina Bar Foundation’s IOLTA

ational the College is offering six courses. standing. No other institution in America fund. These grants will be matched by n has that charge. For more information on NJC grants from the Bureau of Justice the Donald W. Reynolds National Center Assistance. The funds will enable North he for Courts and Media, please visit the NJC Carolina and South Carolina judges to t and RNCCM websites at www.judges.org attend innovative courses at NJC. or www.judges.org/nccm. An ABA Executive Looks Back Terry Kramer recently retired as associate executive director of the Professional Services Group of the American Bar Association. Since he served as ABA liaison to the College for several decades, we asked him to share his thoughts with us about those years, and he was kind enough to do so.

fi rst became involved with The Foundation. Since MacArthur, like many grantors, does not give 11 I National Judicial College in the funds to endowments, it was agreed that the MacArthur funds early eighties when Tom Gonser, would be used for current operations and that the ABA match my new boss and the new executive (two for one, as required by the terms of the MacArthur award), director of the ABA, asked me what would be used to fund the NJC endowment. By the early nine- I knew about the College, and I said, ties, the endowment goal of $10 million had been reached and “Well, not all that much.” Tom said, “I exceeded, with the help of generous support from the state of expect that to change.” So off I went with Wantland Sandel, then Nevada, thus putting the College on a sound fi nancial footing. head of the ABA’s Judicial Division, for my fi rst visit to Reno, to The College has come a long way since 1985 – it has devel- learn what I could learn. One of the fi rst things I learned was that oped a much more extensive curriculum that now includes the College had been fi rst operated in the sixties as a committee distance learning and reaches a much broader audience than was of the ABA’s Judicial Division, subsequently becoming a Nevada the case 20 years ago. It has broadened the scope of its offerings not-for-profi t educational corporation in 1978. The second thing I by adding, in cooperation with the University of Nevada, Reno, learned was that the College was the fortunate recipient of nearly in 1986 an advanced degree program in judicial studies. It has $11 million over an 18-year period from the Fleischmann Founda- had several campaigns to extend its physical plant, with the tion but that that halcyon time would be coming to an end in 1984. most recent addition being that of the Reynolds National Center Shortly thereafter, I became an associate executive director of the for Courts and the Media. ABA as well as the ABA’s staff liaison to the College. I was involved Since 1966, the ABA and the American Bar Endowment with the planning for a dramatic change in NJC’s operations: help- have provided funding to the College of over $12 million. It ing to refocus the College’s development and business plans shortly has been my pleasure to have attended many board of trustees before the last of the Fleischmann Foundation grants. Around 1985 meetings and social functions with members of the board and we learned that the College, in the opinion of its auditors, could their spouses during the past two decades. I’ve come to admire become the recipient of a much-to-be-avoided “qualifi ed opinion,” the Reno area very much – so much so that my wife Sally and I and that spurred all of us involved to work hard to come up with decided some years ago to retire in nearby Graeagle, California. a viable business plan for the future of the College. Jim Williams, I believe that the College is in an excellent position now then NJC’s CFO, and Bill Williams, the College’s fi rst develop- under the able leadership of Bill Dressell. The ABA has contin- ment offi cer, worked with ABA staff (Dave DeHetre, CFO; Judy ued to provide fi nancial support to the College, and I certainly O’Connor, RDO; and me) on that plan, which in essence called for hope that that continues. The American Bar Association and the NJC to create and fund an endowment totaling $10 million by 1991 National Judicial College are natural partners, and I believe that and to become essentially self-supporting by that year. working together makes both of us stronger organizations and Judy O’Connor was key to the College being awarded in 1986 a enhances both the judiciary and the legal profession. fi ve-year grant of $1,865,000 from the Chicago-based MacArthur

Congress shall make no law res pect ing an es tablishment of religion, or prohibiting the fr ee ex ercise thereof ; or abridging the fr eedom of speec h, or of the press ; or the right of the people peaceably toThe ass emble, First and to pet itionAmendment the government for a redress of grievances . Course Trains Judges to Effectively Handle the Media

judge’s job consists of much more than his or her duties on the bench. Knowing how to understand and work with the media can IN POINTCASE · Winter/Spring 2005 be critical to maintaining the integrity of the court and the trust of the public. In 2005, the Donald W. Reynolds National Center A for Courts and Media in The National Judicial College will be offering First Amendment and Media Issues for Judges May 23-25 and Nov. 14-16. This course is being presented in collaboration with the Conference of Court Public Information Offi cers and the Reyn- olds School of Journalism at the University of Nevada, Reno. “This course is geared toward helping judges understand more clearly the culture of the news media, how news interviews are con- ducted and how to successfully create a publicity campaign to promote some aspect of the court’s work,” said Gary Hengstler, director of the Reynolds National Center for Courts and Media. The struggle between the First Amendment (free press) and the Sixth Amendment (fair trial) is evident. This highly successful course provides judges with a more thorough understanding of the role of the press. More importantly, it provides judges with methods of pre- paring for and becoming more comfortable with the media. Topics covered include the judge as a reporter versus the judge as a public offi cial, free press and fair trial, working with the news media, the media interview, the gag order, cameras in the courtroom and journal- ism ethics. “Ideally, this workshop offers the opportunity for judges to familiarize themselves with the media in order to form a better working relationship, one that will mutually benefi t the media as well as their courts,” explained Hengstler. “It will also enable them to under- stand the complex dynamics of facilitating transparency within ethical restrictions.”

To register for this course, please call (800) 25-JUDGE. For more information about the Donald W. Reynolds National Center for Courts and Media, please visit the website at www.judges.org/nccm or call Heidi Nash at (775) 327-8271.

12

By Robin Wosje, NJC Program Attorney INSIGHT NJC Courses Prepare Judges to Handle Substance Abuse and Mental Health Issues

he number of persons with and Managing Cases involving Persons sentencing of people with co-occurring a mental illness or with with Mental Disabilities. These two disorders, defendants will continue to co-occurring mental and courses both provide judges with insight violate probation and recidivate.” substance abuse disorders on how they might handle these issues At the completion of the course, par- whoT are appearing before the courts has more effectively in the courts. ticipants are able to identify and assess increased dramatically over the last 15 The Co-Occurring Mental and Sub- individuals with major mental disorders years. In many cases, the mental illness stance Abuse Disorders course will be including substance abuse. The faculty or the co-occurring disorders contributed held at the College on Aug. 15-18, 2005. provides information on the mental health to the event that caused the person to be This will be the sixth time the College has illnesses that are prevalent in people involved with the court system. Further, presented the course, which has consis- appearing in criminal cases and what is such individuals may be in the court tently received high ratings. The four-day relevant and helpful to judges about the system because of a criminal act (e.g., course teaches judges about mental illness symptoms that may be manifested as part drug possession, loitering, petty theft) or and substance abuse. It was developed of these illnesses. The Diagnostic and the individual may be appearing because primarily for criminal court judges. The Statistical Manual IV (DSM-IV), a diag- of a different matter altogether such as course uses several teaching methods nostic criteria book used by psychiatrists, landlord/tenant issues, domestic violence, to ensure that by the end of the course is used as the main reference tool during family court issues, civil commitment, judges will have a greater appreciation of the course. A quick reference DSM-IV is etc. And often, individuals with mental how cases with persons with co-occurring provided to each of the participants for illnesses or co-occurring disorders may disorders can be better managed in the use when they return to the bench. ollege be appearing before courts on multiple court system. The course includes attendance at a c issues or on multiple occasions. Court The three-member faculty consists of Dr. 12-Step meeting and a fi eld trip to a systems across the United States have had John Chappel, a psychiatrist and professor session of the mental health court at the diffi culties properly addressing the issues of medicine at the University of Nevada, Washoe County District Court in Reno. and needs of this population particularly Reno; Judge Peggy Fulton Hora, general Additionally, during a panel session, since many of the mental health systems jurisdiction judge in Alameda County, judges have the opportunity to hear and udicial udicial j are broken and/or under-funded. Calif., and one of the fi rst drug court ask questions of a selection of people Recently courts have been examining judges in the nation; and Judge Stephanie who suffer from co-occurring disorders ways to improve the manner in which Rhoades, a district court judge in Anchor- and have been involved with the criminal persons with mental illnesses or co- age, Alaska, and one of the fi rst judges to justice system. This part of the course is occurring mental and substance abuse start a mental health court in the United highly rated because of the insight it gives

ational disorders are handled in the court system. States. judges into the types of issues people

n The National Judicial College offers two “A judge has a duty to see that court with co-occurring disorders face each day classes on the subject, Co-Occurring orders are followed,” said Judge Hora. and it provides an opportunity for judges he Mental and Substance Abuse Disorders “Unless judges understand effective to ask the panelists what has helped or t hindered them in their ability to stay out who may have a mental illness will One method to decrease the amount of of the criminal justice system. benefi t. The course enables participants bias, is to “walk in the shoes” of the “dif- At the end of the course, participants to identify and assess individuals with ferent person.” In this course, participants design a plan for the implementation of mental health disorders. As with the Co- are asked to wear headphones and listen systems or ideas that they intend to make Occurring Mental and Substance Abuse to a CD which contains a simulated expe- upon return to their own jurisdictions. Disorders course, Dr. John Chappel uses rience of hearing voices. While listening, Those plans are examined in the discus- the DSM-IV to teach judges about the participants are asked to complete certain 13 sion groups and then shared with the tasks to gain an appreciation of how dif- entire class. This course also contains pre- fi cult it must be to accomplish tasks when course and post-course online sessions “Unless judges faced with such a psychosis. via WebCT, an online password protected understand eff ective Participants also become aware of the website. The pre-course session helps the best practices for collaboration with the faculty evaluate the education level of the sentencing of people mental health system to support decision- judges on this subject by asking each par- with co-occurring making at various junctures of criminal ticipant to take a short quiz. Participants case processing and best practices in the are also asked to complete a brief reading disorders, defendants area of civil commitment. assignment prior to the course. The post- will continue to Faculty members use a combination of course session, administered approxi- violate probation teaching methods including video, case mately six months after the completion of scenarios and question and answer to the course, contains a survey instrument and recidivate.” instruct the participants about the latest that allows the judges to further evalu- –Hon. Peggy Fulton Hora innovations in managing cases involving ate the course after they have had time persons with mental disabilities. to return home and use the knowledge This course contains a pre-course ses- gained from the course. The post-course mental illnesses that tend to be present in sion consisting of a short quiz and read- session also gives the judges an oppor- persons involved in the court system. A ing assignment via WebCT as well. NJC tunity to share the changes or improve- quick reference DSM-IV is also provided ments they made upon their return home. to participants in this course. For more detailed course descriptions, schol- Managing Cases Involving Persons After completing the course, partici- arship eligibility, available CLE credit with Mental Disabilities will be pre- pants are able to defi ne those factors or to reserve your space, please call sented Oct. 17-18, 2005, in Reno. This that affect and color their approach to (800) 255-8343 or visit NJC’s website at two-day course was developed to provide cases involving persons with mental www.judges.org. For questions about the information to judges about mental ill- disorders. Bias and stigma are issues faced course, please contact Program Attorney ness. Judges sitting in any docket where by persons with a mental illness on a Robin E. Wosje at (800) 25- JUDGE or they are likely to encounter persons daily basis. [email protected]. CASE IN POINTCASE · Winter/Spring 2005 WALKING ON COMMON GROUND:

14 PATHWAYSto Equal Justice By Bill Kockenmeister, Program Attorney, the National Tribal Judicial Center ooperation among tribal, state, objectives are to improve communica- law enforcement and service agencies. and federal courts, as well as tion and understanding among tribal, Justice Abrahamson will speak at the Crelated law enforcement and ser- state, and federal courts, law enforcement Walking on Common Ground Confer- vice agencies, is essential to the effective personnel, and service agencies, and to ence. “What tribal courts do and how administration of justice. Yet this remains recognize and promote workable solu- they function is the concern of tribal one of the most diffi cult challenges tions that will foster respect and comity, nations,” she said. “How tribal, state, and facing our justice systems. In recent federal courts interface with one another years, tribal/state/federal court forums, or “Tribal, federal, and state justice is the concern of the entire nation.” “tribal forums,” operating independently communities join together, in the Judge Charles Cloud, a member of the in states around the country, have made spirit of mutual respect and Advisory Board of the National Tribal great strides and have identifi ed critical cooperation, to promote and Judicial Center stated, “The work that issues that must be addressed. In addi- sustain collaboration, education, went into Walking on Common Ground tion, there is growing consensus that the and a level of support to ensure is overwhelming, and I might add, his- time has come to work together, imple- equal access to justice.” torical. I don’t think that it has ever been ment solutions and share fi ndings on best done before.” practices to further the interests of justice -Walking on Common Ground The National Tribal Judicial Center at for all people. Mission Statement The National Judicial College is honored The National Conference of Chief to work with the Conference of Chief Jus- Justices, in conjunction with the United mitigate intersystem confl icts, and reduce tices and the other participants to further States Department of Justice, Offi ce of or forestall diverse litigation. This national understanding and cooperation among Justice Programs, the Tribal Judicial Insti- gathering promises to launch a new level tribal, state and federal courts. Hon. Wil- tute at the University of North Dakota, of strategic thinking and setting of priori- liam F. Dressel, president of The National the Criminal Justice Center at Fox Valley ties for tribal, state and federal relations Judicial College, said he believes that the Technical College and the National Tribal across the country. By providing a forum Walking on Common Ground gathering Judicial Center at The National Judicial for collaboration and interaction, and by “will result in a signifi cant improvement College, will host Walking on Common presenting and soliciting a “best-practices” in cooperation between tribal, state and Ground, a national gathering on tribal exchange, Walking on Common Ground federal courts. This will only enhance the land in Wisconsin, July 27-29, 2005. will increase the capacity of tribal, state effectiveness of tribal judicial systems, Walking on Common Ground is a and federal court systems to take signifi - which we strongly support through our cooperative effort that seeks to iden- cant strides toward the collective goal of National Tribal Judicial Center.” tify and implement tested strategies for equal justice for all. enhancing and improving tribal, state Chief Justice Shirley Abrahamson, of For further information, please contact and federal court relations. It will bring the Wisconsin Supreme Court, has always Carolyn Wilson, program attorney, together individuals and draw on the been a strong advocate of cooperation National Tribal Judicial Center at work of leaders and experts from a cross- among tribal, state, and federal courts and The National Judicial College, at ollege section of diverse justice systems. The (800) 25-JUDGE or [email protected]. c udicial udicial j

ational YOUR GIFT n he t 15

By Peggy Vidal, NJC International/ Judicial Studies Manager

Spanish-American Comparative Law Program

n September of 2004, 17 judges from legal system presented their side of the eight states and two foreign countries comparative topics. I(Australia and Germany) and 12 The judges who participated in the Spanish judges met in Madrid to compare Basque Country program visited the their legal systems and share experiences capital of Vitoria, San Sebastian, and as judges with common problems. The Bilbao. The visit provided the opportunity National Judicial College partnered with to learn more about how autonomous the Consejo General del Poder Judicial, regions operate and about the Basque Servicio de Relaciones Internacionales fl oral law system. The fl oral law was (International Relations Commission) to developed in the 15th century when present this fi rst comparative law program customs and traditions were fi rst written between American and Spanish judges. down. All Basque laws were abolished After studying for a week in Madrid, some NJC’s Peggy Vidal with participant Rafael by the king in the 18th century, but they of the judges participated in an optional Losada Armada of San Tander, Spain have been reinstated and are being revised extension program in the Basque Country, to refl ect today’s needs. The fl oral laws organized by the Basque government. mostly deal with family and community Spain’s political history and confi gura- property law. tion are quite different than that of the The judges visited Basque courts United States. After 40 years under the and met with Fernando Ruiz Pineiro, dictatorship of General Francisco Franco, president of the Basque High Court, and Spain became a social democracy in 1978, Joseba Askarraga Rodero, the Basque and joined the European Union in 1986. Minister of Justice. This segment of the Today the Spanish state is a parliamentary program was the result of Mr. Rodero’s monarchy with King Juan Carlos as the visit to NJC in 2004 and an agreement head of state. The country is divided into Spanish-American Comparative Law of cooperation signed by him and NJC 17 autonomous communities and two Program attendees President William F. Dressel. autonomous cities in Morocco, each with Cultural activities for both segments of cases of terrorism, drug traffi cking, immi- its own parliament and government. The the program included visiting the Royal gration and crimes committed abroad. Basque and Castilian communities have Palace and Prado Museum in Madrid; The judges observed a terrorism pro- IN POINTCASE · Winter/Spring 2005 assumed more autonomous powers than Toledo, Spain’s most important historic ceeding in the National Court in Madrid the others, which made the visit to Basque town and former capital; the windmills of and were privileged to meet with the Country an interesting addition. Don Quixote fame; old towns in Basque president of the court, Javier Gomez Ber- The civil law system is the basis of the Country; and the Guggenheim Museum mudez, who explained the court’s work Spanish legal system, but recent judicial in Bilbao. NJC and the proceedings observed, reform is incorporating oral trials. There over which he presided. They also visited is a constitutional court, outside the COMING IN 2005: LUXEMBOURG the Supreme Court, where religious judicial system, which is the only means The 2005 program will be conducted in images abound. of voiding legislation and dealing with conjunction with the Judicial Division The program was opened by Juan the differences between laws adopted by of the American Bar Association. The Pablo Gonzalez Gonzalez, president of the the different provinces. The semi-federal focus is on the new European Court of International Relations Commission of the judicial system has a supreme court as its Justice in Luxembourg, with an optional Consejo General del Poder Judicial, Javier highest court. Each of the provinces has extension to Strasbourg, France, to learn Parra Garcia, director of the International a provincial court. Judicial districts have about the European Court of Human Relations Service and me. Faculty courts of fi rst instance and examining Rights. The dates are September 3-9 in consisted of American judges who courts, and municipalities have courts of Luxembourg, and September 10-14 in attended the program and were asked to peace. Each autonomous community has Strasbourg. Contact the registrar’s offi ce also teach segments on American proce- a high court. The National Court handles for details and cost at (800) 25-JUDGE. dure. Leaders of the Spanish and Basque 16

airy Tales Really

Do ComeBy Hon. True Nancy Oesterle Justice Court, Las Vegas, Nevada

nce upon a crime … amidst the gasps and cheers from the gallery, the jury announced the defen- dant, Curly Pig, “Not Guilty” on Hon. Nancy Oesterle and members of the Fairy Tale Moot Court Program the charge of courtroom, which operates under strict attempted wolf cooking, in the case of Big Bad Wolf v. accordance with the Nevada rules of Curly Pig. Relieved after being vindicated in a court criminal procedure. of law, Curly Pig thanked Cinderella, her defense The program begins with 24 offi cial counsel, on their way out of the courtroom. Later jury summonses delivered to the homes that same day in the courtroom, Goldilocks was found “Not Guilty” of bad manners, of selected prospective jurors. These third ollege regarding the case of her intrusion into the home of the three bears.

c graders receive their notices followed These were the verdicts handed down May 1, 2004, by the fairy tale jury during the by a visit to the school from my bailiff Fairy Tale Moot Court Program, an event held annually in honor of Law Day, in which and me. During my visit, I stress to the local third grade students are invited to take over court proceedings for the day to con- students the importance of the presump- duct mock trials with fairy tale themes. tion of innocence, which means, anyone As a 13-year veteran Justice of the Peace, I brought the program to Las Vegas in

udicial udicial accused of a crime is presumed innocent conjunction with local teachers, Sue Mowbray and Anne Middleton, to educate students j until proven guilty by a jury of his or her about the justice system. This was the second year in a row that I hosted the event in my peers. I also always stress the importance

ational “I have seen everybody from Snow White to n

he Shrek, sitting, standing and popping up to object.” t of fulfi lling the civic duty of jury service. returned with a verdict through the jury I attribute the success of The students have three weeks to pre- foreperson. With the exception of the both outreach programs to pare for trial, which is not much longer Big Bad Wolf and the Three Bears, whose the amount of involvement 17 than actual attorneys have to prepare losses came as quite a shock to them, not only by teachers, but by for many real court cases. Students hold everyone present thought the day went the parents and courthouse classroom elections for the positions splendidly. employees as well. It is of judge, district attorney and public The Fairy Tale Moot Court Program evident that the parents defender. Other students audition for sup- was designed by the American Bar Asso- enjoy the mock trials and porting parts, such as case witnesses. ciation (ABA) to educate students about see real value in the activity. Throughout the case preparation the justice system. Parents and teachers Diane Dickinson, mother of period, local attorneys visit the class to have said they believe that the program Jaclyn, who played “Curly teach the students about the judicial adds value to in-class history and govern- Pig,” wrote in a letter that process and each student’s role in it. Each ment lessons because it allows students the Fairy Tale Moot Court Program student then rehearses his or her part. to become involved in the process. When has “shown children, especially girls, Jury members are all sequestered during students are actually involved in the jury that they can do anything they want the rehearsals to to do.” prevent any bias. Teacher, Students Sue Mow- always enjoy the bray agreed, fact that since the “Judge trials require wit- Oesterle nesses and a jury worked of fairy tale peers, with they have the local teach- opportunity to ers to develop become fairy tale a hands-on characters them- approach to selves, complete understand- with costumes. I ing the judicial have seen every- system by help- body from Snow ing to design White to Shrek, an educational, sitting, standing, fun-fi lled mock and popping up trial program. to object in my Numerous fairy tale characters were summoned to court for the Big Bad Wolf and Goldilocks cases. We can’t wait courtroom. to be involved As this year’s again next year. program began, trial process, they tend to remember The students are jurors were issued their offi cial badges the lessons learned. That sentiment was still talking about it!” and an imposing 9-year-old bailiff ensured echoed in a letter sent to me by a third The program has been so successful order in the courtroom. The student- grader named Allie, “That day I will surely that next year I am going to include a fi fth attorneys’ hard work was evident as they never forget,” she wrote next to a drawing grade class. The ABA provides scripts for zealously advocated on behalf of their of the courtroom. students all the way up to the 12th grade. fairy tale clients, questioning witnesses When I fi rst heard about the Moot I strongly encourage all students, teachers, like any seasoned professional. Court Program from Reno District Court and parents to take part in this program IN POINTCASE · Winter/Spring 2005 At one point, during the Wolf v. Pig Judge Janet Berry, I quickly realized that because it helps young people become case, the defense argued that Curly Pig the mock trials would go complement the more active members of their communi- never intended to cook the Big Bad Wolf, Keys to the Courthouse program that I ties. Mowbray said she hopes that students who climbed down her chimney into a initiated 14 years ago. As part of the pro- taking part in the program will grow up caldron of boiling water. “It was just an gram, I have been opening my courtroom to become citizens who take jury duty accident,” the defense attorneys said. The doors to students each week, year after seriously. She knows of one parent who prosecution countered with a piece of year. For this program, I visit students received a jury summons shortly after circumstantial evidence. Curly Pig had in their classrooms with my bailiff, and the mock trial, and her child responded, a recipe for poached wolf open on her then I follow up by inviting the students “Wow mom, you are so lucky!” NJC kitchen counter. Was it just a coinci- to observe court proceedings. After the dence? The jury thought so. students see real court cases being argued To learn more about the ABA’s Mock Trials The judge listened astutely to the and decided, I give them a tour of the for classrooms visit the website at arguments, ruling on objections as they courthouse, showing them everything www.abanet.org/publiced/mocktrials.html were made. After both sides rested their from my chambers to the inmates’ holding arguments, the judge gave the jury its cells. Since I began the Keys to the Court- instructions and asked the members to house program, I have seen over 5,000 deliberate. Offi cial verdict forms, I had students come through the courthouse. previously prepared, were fi lled out and ~Vito de la Cruz ~ Judicial Studies 18 Harmonious Balance NEWS NJC Congratulates By Heather Singer, NJC Communications Specialist December 2004 MJS Grads and Welcomes new candidates

There were three Master’s of Judicial Studies Program graduates for December of 2004. They took part in the University of Nevada, Reno’s winter graduation ceremony. On behalf of The National Judicial College, the Grant Sawyer Center for Justice Studies, and the National Council for Juvenile and Family Court Judges, we congratulate you for the sacrifi ces and challenges you have endured to ith his grandfather’s musical increased in popularity since the group obtain this prestigious degree. We wish all of infl uence and his aunt instilling came together in 2003. They perform you continued and newfound success! Wa sense of fairness and justice in often at various local venues including the him, Vito de la Cruz’s life revolves around Great Basin Brewery, The Virg at Harrah’s, Hon. Randy A. Doucet, Lummi Tribal three equal passions. When he is not in the Old Washoe Club in Virginia City and Court, Bellingham, WA the courtroom defending those accused of Walden’s Coffeehouse. Thesis: Tribal Judicial Systems and Tribal crimes, he is sharing beauty and inspira- “We’ll play anywhere,” he said. “It is a Economic Development in Three Tribal tion in the many original blues songs pleasure to play for people.” Judicial Systems performed by his Reno-based blues rock As a child who loved music, de la Cruz band, BlueStone, and cherishing time was greatly infl uenced by his grandfather’s Hon. Gerald Hardcastle, District Court, spent with his family. Although his legal, guitar and harmonica melodies as well as Family Division, Las Vegas, NV musical and personal worlds his two musically inclined Thesis: Adversarialism and the Family are separate, they comple- aunts. Learning to play the Court: A Family Court Judge’s Perspective ment each other in his life. “I love teaching piano around the age of 6 “Playing music helps me and taking up the guitar Hon. Chris B. McNeil, Occupational keep my sanity,” said de la at the College. at 14, he began to see music and Professional Licensing, Cruz, assistant federal public was a way to overcome his It is just Worthington, OH defender with the Reno shyness. The songs he writes Federal Public Defender’s plain fun.” are about human experi- Thesis: Executive Branch Adjudication Offi ce and a member of The ences, as well as in Public Safety Laws: Assessing the Costs National Judicial College fac- social commentaries. One and Identifying the Benefi ts of ALJ Utiliza- ulty since 2001. In addition to songwrit- of his newer songs, “Any Old Reason,” tion in Public Safety Legislation ing, he plays the six and 12-string guitar, examines the reasons people fi nd not to be good citizens. native fl ute, mandolin and harmonica. NJC welcomes the following candidates into As a band member and fulltime “Even if I come home and play for 10 to the Master’s of Judicial Studies Program: 15 minutes, it is very therapeutic.” attorney, de la Cruz also fi nds time to teach tribal courses at the National Tribal ollege De la Cruz, who is Chicano-Yaqui, has Brian Jeffcoat, Tax Court, Irmo, SC c lived in Reno for six years. In addition Judicial Center at The National Judicial College. Since 2001, he has taught fi ve to working as federal public defender Wayne Purdom, State Court, judicial skill-building courses. in Reno, he was also a federal public Decatur, GA defender in Washington and Las Vegas. “I love teaching at the College,” he expressed. “It is just plain fun. NTJC does He also served as a public defender in Naman Wood, Magistrates Court, udicial udicial Monterey County, Calif., and worked in a wonderful job of teaching judges how to

j Rome, GA be good, strong, fair judges. Tribal court private practice for two years. judges are incredible resources to their A Yale University graduate, who earned Finally, NJC welcomes Hon. Paul communities. It is important for them his law degree from the University of Mitrovich of the Court of Common to perform in an effi cient manner and, California at Berkeley, de la Cruz said he Pleas, Lake County, Ohio as a Ph.D. as a faculty member, I am able help favors hard-driving blues music. He writes candidate. He graduated with an M.J.S. ational most of the lyrics for the band’s original them acquire the skills to perform their

n degree in May of 1992. His thesis topic duties effi ciently.” songs, which comprise about 80 percent was Analysis of Ohio’s Living Will Statute of what the band plays. BluesStone has he and Beyond. t NCJRL Programs NJC Course Promote Fair Justice The National Center for Justice and 19 the Rule of Law is working to combat computer-related crime through the National Programs Initiative. Through this initiative, the NCJRL allies with other Sp tlight national organizations and with statewide o agencies to create training programs and model projects to facilitate the prosecu- By Thomas K. Clancy tion of computer crime suspects. One of Director, National Center for Justice and the Rule of Law these partnerships consists of the NCJRL University of Mississippi School of Law working with the National Association of Attorneys’ General (NAAG) to offer an ongoing training program for attorney Tackling Tough Fourth Amendment Issues general offi ces in all 50 states. Perhaps no other amendment has such broad applicability to every day life as does the Another program under the National Fourth Amendment. It has become a complicated area of jurisprudence because Programs Initiative involves the NCJRL Americans are known to value their freedom, liberty, independence and privacy, factors creating a model cyber-crime investigation that create an uproar when encroached upon. However, sometimes, for the sake of project for state governments to use to justice, law enforcement must be allowed to cross certain boundaries. Where these create or improve their ability to prosecute boundaries exist, and when they should not be crossed is where the topic of search cyber-crime. The NCJRL also provides and seizure becomes complex. Advancing technology is also creating an overwhelming the Mississippi Attorney General’s Offi ce amount of new Fourth Amendment issues that need to be addressed daily in courtrooms with expertise and grants to facilitate its across the nation. creation of a cyber-crime unit. “It is essential for today’s judges to keep up to date on evolving Fourth Amendment The NCJRL’s National Programs Initia- issues,” explained Hon. William F. Dressel, NJC’s president. “With advancing technology, tive also includes the development of new laws and appellate decisions, search and seizure issues have become increasingly pilot projects, which are used as the focus complex, which affects the decisions judges make in courtrooms every day.” of national conferences, with prosecu- To assist state court and appellate judges with the application of the Fourth Amend- tion-related agencies in numerous states, ment, NJC is collaborating with the National Center for Justice and the Rule of Law including California, Indiana, Massachu- (NCJRL) to provide courses on search and seizure issues. A comprehensive four-day setts, Mississippi, Texas and Washington, search and seizure course for trial judges focuses on the nuts and bolts principles that D.C. These projects produce training trial judges must apply. The Fourth Amendment: Comprehensive Search & Seizure materials and model approaches to help Training for Trial Judges will be offered May 23-26, 2005, at NJC in Reno, Nevada, and states prosecute computer-related crime. September 26-29, 2005, on the campus of the University of Mississippi in Oxford, Miss. Through its partnership with NAAG, the A second, two-day course for appellate judges focuses on the search and seizure of NCJRL also offers training in the search computers and electronic evidence and on selected topics designed to give perspective on and seizure of computers to state attorney the Fourth Amendment. The Fourth Amendment: Contemporary Issues for Appel- general offi ces. late Judges course is tentatively scheduled for October 10-11, 2005, in Reno, Nevada, The NCJRL has three other programs: and will be offered sometime in the spring of 2006 in Oxford, Miss. Both courses are the Prosecution Externship Program, taught by judges, law professors and NCJRL personnel who have extensive expertise on which provides specialized course-work Fourth Amendment issues. and real-world training for law students on The NCJRL was established in 2000 at the University of Mississippi, School of Law. the duties and responsibilities of prosecu- Its main focus is on issues relating to the criminal justice system including a program IN POINTCASE · Winter/Spring 2005 tors; the Criminal Appeals Program, which entitled the Fourth Amendment Initiative, which promotes awareness of search and provides law students with intensive seizure principles through conferences, judicial and prosecution training, and support for training representing persons convicted selected publications. Its fi rst permanent director, Thomas K. Clancy, assumed his posi- of crimes during the appeal process; and tion as director on August 1, 2001. The Center is funded primarily by a grant from the Special Projects, which provides support Department of Justice, Offi ce of Justice Programs. Pursuant to this initiative, the Center for selected projects that promote the has allied with NJC to create programs for state trial and appellate judges in search and concepts of justice and the rule of law. For seizure principles. additional information about the NCJRL, The NCJRL funds each of these courses in their entirety, including tuition and stipends please visit www.ncjrl.org or contact: for travel and accommodations for all attendees. These courses are by invitation only. Thomas K. Clancy, Director Anyone interested in attending any of these programs can contact Robin E. Wosje, NJC National Center for Justice program attorney, at (800) 25-JUDGE or [email protected]. and the Rule of Law University of Mississippi School of Law P.O. Box 1848 University, Miss. 38677-1848 Phone: (662) 915-6897 Fax: (662) 915-6842 E-mail: [email protected] Our Donors 20 A Celebration of Giving In many ways our loyal donors are the backbone of the College. Here, a few of our them share their stories of giving.

Republic. The judges were interested in learning about the local bar. I decided to bring my oldest son who was in fourth grade at the time. I met with approxi- mately 30 judges and spoke about the practice of law in Washoe County along with what I believe are the ethical obliga- tions and duties of attorneys. My son had the opportunity to talk to the judges about his school. It was such a great event for not only myself, but also my son. Since that time, I have met with visit- ing judges from China, South America, Eastern Europe and Africa. The oppor- tunity to learn about the judicial systems in other countries and provide informa- tion about our judicial system to visiting judges has been a learning experience for me which I never would have had if not for The National Judicial College. This opportunity has enhanced my life both Donations allow the College to provide scholarships to judges to attend courses and programs professionally and personally. such as General Jurisdiction.

Hon. Alfred A. Burka (ret.), Hon. William A. Munnell (ret.), When did you fi rst learn Superior Court of D.C. Superior Court Los Angeles County, CA Q I fi rst learned about The National Judi- about The National Judicial I received a mailing from the College, and later spoke to Judge Tim Murphy cial College when I was a judge in Cali- College and how did you con- (Superior Court of D.C.) and other fi rst- fornia. I had been on the bench for about nect with the organization? year attendees regarding the depth and 10 years but at that point in my career I strength of the program. was never able to break away to attend Hon. B.B. Schraub, courses. Many of my colleagues who presiding judge, Hon. Filis L. Otto (ret), Pierce County attended courses were very impressed 3rd Administra- District Court, WA with NJC’s offerings. tive Judicial I was fi rst elected to the bench in Region, November 1966. As a new judge, the Seguin, TX administrator of the courts in Pierce QWhat fi rst motivated you I was County, Washington, arranged for me to to give to The National Judicial appointed to the attend The National Judicial College. It College? District Court took the county six years to come up here in Texas in ollege with the money to send me! I sat on the Hon. William A. Munnell

c 1971. Very early bench until 1995. Pierce County greatly About 20 years ago I moved to Reno in my career, I benefi ted from that investment. from California. Judge Jan Berry (2nd heard about NJC, Hon. B.B. Schraub Judicial District Court, Reno, Washoe and also found out Herb Santos, Jr., Esq. County, NV) re-acquainted me with funds were available for me to attend. The Law Firm of Herb Santos, Jr., the College and enlightened me as to

udicial udicial I attended the General Jurisdiction course Reno, NV the fi nancial needs of the College. I j in the summer of 1972. Along the way, I fi rst learned of the Judicial College didn’t realize that the important services I developed friendships with a group of at my attorney swearing in ceremony in provided by the College were not fully judges. Some of these friendships are 1991. I met the president of the College funded. I’ve been a loyal donor since that still alive and active. I have long believed at the reception after the event. time. I feel strongly that my personal gifts this experience was a turning point in I became involved with the College help the College reach its full potential ational my life as a judge. The lessons learned, during my tenure on the executive coun- in serving the educational needs of the n and the sharing experiences with other sel of the Washoe County Bar Associa- nation’s judiciary. I don’t think most judges from around the country proved to tion. I was asked to make a presentation

he people think about the fi nancial needs be invaluable.

t to visiting judges from the former Soviet 21 “Those of us who

have benefitted from

the College, should In 2004, 81 scholarships were awarded to judges to attend NJC’s General Jurisdiction courses. of providing the necessary training that Herb Santos, Jr., Esq. our judges need. Not only is the College I have seen fi rsthand the impact The financially support not fully funded but many judges require National Judicial College has had upon and receive scholarships to attend the men and women who have entered its College. I was fortunate enough to learn doors. I have had the opportunity to the skills of a competent jurist with my speak with U.S. judges and judges from legal training as well as experience sitting other countries and it is apparent that it so that others on a judiciary committee of the Congress. they leave the College energized and But many newly appointed judges do not excited to improve access to justice in have that opportunity. their respective communities. The tools they gain here benefi t not only their may enjoy its Hon. Alfred Burka professional judicial practices, but also The reputation of NJC as the cutting benefi t the members of the communities edge of judicial education, and the oppor- where they preside. tunity to interchange with judges from varied jurisdictions around the country. many benefits.” I wanted to acquire further skills and QWhy do you support The procedures, as well as the latest devel- National Judicial College, and opments and trends, to polish my then why will you continue to give? present skills. ~

Hon. B.B. Schraub Hon. Filis Otto I was fortunate enough to be able to I will continue to give to NJC because it attend a number of other courses at the preserves, at a time when it is under College in later years. Each of these occa- attack, the three co-equal branches of Hon. Alfred A. Burka sions reinforced my belief that the College government, the judicial, the legislative was a major force in any judge’s career on and the executive. The NJC teaches that the bench. As a result, I was a small, but a judge’s role is not to make laws but to regular contributor to the College. The uphold those laws. IN POINTCASE · Winter/Spring 2005 State Bar of Texas established the scholar- The NJC also stresses the importance of ship fund named the Judge B.B. and an independent judiciary – separate from Estella J. Schraub Scholarship Fund. Over politics, ruling only on the precept of the the years, business associates, and my law. Ours is a government of laws and not wife and I have contributed to the balance of men and no man is above the law. The to have the scholarship fund fully funded, NJC reinforces that important principle and have tried to continue our contribu- in judges. tions since in order to increase the corpus of the fund. Hon. B.B. Schraub I have had the opportunity to serve the Hon. Alfred Burka Hon. Filis Otto College in a number of ways. In 1992, I I fi rst gave because I wanted to ensure was elected to the Board of Trustees and that NJC’s services would be available for served there for six years. I was fortunate future judges. The thought of losing such to serve as chair of the board my last two a valuable resource scared me. years. The board was gracious enough to name me a chair emeritus, an action that I treasure. I have always felt that I have gained so much more from the College continued on next page ... “I will continue to give to NJC because it preserves, at a time when it is under attack, the three co-equal branches of government, the judicial, the legislative and the executive.” ~ Judge Filis Otto 22 than I have given. I believe The National Hon. Alfred Burka who work to improve themselves. Finally, Judicial College is the fi rst, and still the My reasons for continuing to support those of us who have benefi tted from leading institution in this country for the the NJC are many. Many of those taking the College, should fi nancially support training of judges. This has been proven the bench have specialized in a particular it so that others may enjoy its many, through the years. It has been branch of law for decades. The College many benefi ts. wise enough to recognize the value provides, in the General Jurisdiction of having judges teach judges. It has course, an in depth review of the law in Herb Santos, Jr., expanded its reach, and is internationally general, and the state of law at pres- Esq. known as a place for judges from other ent. For those who do not need such a I will continue parts of the world to improve their skills review, the shorter, specialized courses to give because and practices. meet the demands of those who face new I know that the assignment, appointment, or election to programs offered Hon. William A. Munnell a particular court where only special- ensure that we I understand the College’s fi nancial ized knowledge is necessary. In addition, will continue requirements to provide the educational the opportunity to exchange views and to improve our programs that strengthen our justice procedures with judges from different Herb Santos, Jr. judicial system. system. In order to ensure this education jurisdictions is a vital component of the Funding judicial continues to be available to judges, I am education offered. The phrase, “we have education ensures that we will continue happy to give. I personally can contribute always done it this way” often goes out to have a judicial system that serves as a to and take part in increasing the effec- the door in favor of a different, time model for the rest of the world to learn tiveness of judges across the country. saving, or more effi cent way of doing from and strive for so that all people will things. The continued support of the have an equal access to justice. NJC College always allows it to help judges

5,908 Miles for Justice

udges Anita A. Sukola and Steven S. scholarship assistance is available through grams and services are of superior quality. Unpingco, both of Hagatna, Guam, the College. They feel that by coming to the College Jare no strangers to courses at The “Being a judge is a lifelong learning they are able to receive a top-notch judi- National Judicial College. In July of 2004, process,” said Judge Unpingco. “My cial education. they attended Criminal Pretrial Issues: ethical duty is to resolve disputes fairly, “The subject matter of the courses Best Practices in Bail and Release and offered here is extremely pertinent to what Criminal Post-Trial Challenges and we do,” expressed Judge Sukola. Remedies: Ending the Revolving Door “It is great to be able learn new things, of Justice. meet other judges and share ideas. This is

ollege Their attendance was made pos- the best place to learn and share infor-

c sible with scholarships from the College mation. I like the way the courses are through a grant from the Bureau of Justice structured and the way the building is Assistance. Judge Sukola also returned very neat and organized.” in August of 2004 to attend Scientifi c Judges Sukola and Unpingco, Evidence and Expert Testimony and longtime friends and former University

udicial udicial Law and Biology: Impact on the Courts. of Guam professors, said they are j She is currently enrolled in NJC’s Profes- impressed with the innovative courses sional Certifi cate in Judicial Development, offered at the College. General Jurisdiction Trial Skills program. “This institution specifi cally caters to Since 1997, Judge Unpingco has Hon. Anita Sukola and Hon. Steven Unpingco judges,” said Judge Unpingco. “It gives completed 14 courses at the College and you an opportunity to improve your judi- ational Judge Sukola has completed six since effi ciently and expeditiously. How else can cial performance and productivity. It is n 2002. The judges are hoping to spread the a judge do this without taking courses? also a great way to meet and network with message of the importance of judicial edu- This is why I come to Reno every year.” other judges, and to get new ideas on how he cation and inform other Guam judges that Both judges said they feel NJC’s pro- they handle issues.” t

Jackson Lect ures Inspiration, 23 Insight & Advice

n July and October of 2004, The ethics,” he added. “Carry and conduct prosecution and carved Judge DeLaugh- INational Judicial College hosted two yourselves with pride and dignity. Set a ter’s reputation as an eloquent speaker free lectures as part of the Jackson good example for those around you. Treat and a dedicated steward of justice. Lecture Series. NJC presents these lectures others as you wish to be treated. Always “This case left such a black eye in at the end of each two-week General take the moral high road.” Mississippi,” he told the audience. “I Jurisdiction course for the course par- Molasky has played a longtime role said I would investigate it and see where ticipants as well as community residents. in supporting the work of The National the investigation took us. I felt like our On July 29, Las Vegas developer and Judicial College and was founder of the system of justice and, myself, personally, businessperson Irwin Molasky captivated College’s National Associates of Justice were being tested.” the audience with intriguing insights into program, which has brought in thousands Judge DeLaughter wrote about his the qualities of a good judge. of dollars in the past decade to enhance reopening of the 1963 murder case and “I would submit that a good judge has NJC courses and provided scholarships the political and public obstacles that fol- many of the same characteristics of a good for judges to attend courses. Molasky is lowed in his book, Never Too Late: A Pros- businessperson,” he said. “Knowledge and also a member of NJC’s Advisory Council ecutor’s Story of Justice in the Medgar Evers wisdom are key qualities that judges need and served as the honorary chair of the Case. The movie by Rob Reiner, Ghosts to preserve our system of fair and impar- College’s 40th anniversary galas in 2003. of Mississippi, was based on the book. tial justice. Decisions made by judges For more than 50 years, Molasky has Judge DeLaughter’s closing argument in affect all aspects of society.” played a signifi cant role in the growth of the murder case is one of 10 featured in Although wisdom may take time to Nevada and the Las Vegas Valley. As chair- Ladies and Gentlemen of the Jury: Greatest develop, knowledge can be mostly gained man of The Molasky Companies, he has Closing Arguments in Modern Law. through education, he said. He cautioned been responsible for much of Las Vegas’ “I fi rmly believe the legal profession the judges against having preconceived current skyline as well as for the fi rst is a calling and it is a noble one,” said notions and advised them to treat those in private hospital in Las Vegas, thousands Judge DeLaughter. “We should never their courtrooms fairly. of master-planned, apartment and golf hesitate to call upon what we feel is right. “Follow a strict code of morals and course communities and much more. I urge you all to draw upon your faith and moral instincts.” n Oct. 21, the Honorable The Jackson Lectures are held three CASE IN POINTCASE · Winter/Spring 2005 OBobby DeLaughter, a Missis- times a year in honor of Justice Robert H. sippi judge, speaker, author Jackson, a 1940s Supreme Court Justice and prosecutor, best known for his suc- best remembered for his role as chief cessful prosecution of the murderer of prosecutor in the Nuremberg War Trials. civil rights leader, Medgar Evers, also had In addition to course participants, com- words of advice and wisdom to offer the munity members are always invited to judges in the audience. attend these lectures presented by intrigu- “Sometimes new judges become over- ing, nationally recognized individuals. whelmed by situations,” he said. “You Past Jackson Lecturers have included: former wouldn’t be here if you weren’t able to Nevada senator, Richard Bryan; Hon. handle them. But remember that your Hiller B. Zobel, a Massachusetts superior actions as judges will affect lives far, far court judge; former UNR president, Joseph removed from ours.” Crowley; former Nevada governor, Robert As an attorney, DeLaughter reopened Miller; Harvard law professor, Arthur Miller; the 30-year-old Evers murder case in Hon. Kenneth Starr, United States solicitor 1994, resulting in the conviction of Byron general; Judge Michael Keasler, Texas Court De La Beckwith. This case stood as a land- of Criminal Appeals; U.S. Supreme Court mark symbol in the history of criminal Justice Sandra Day O’Connor; former vice president, George Bush; and many other notable leaders.

Nevada Lecture

24 Series the Freedom Gap By Heather Singer, NJC Communications Specialist

harles Ogletree, Jr., recognizes the strength of the many African-American civil rights warriors whose strong shoulders lifted him up and enabled him to achieve his dreams, which is why the successful author, legal theorist, speaker and law professor strives to Cprovide his own shoulders for future generations to stand upon. “I am smart enough to know I stand write his book, All Deliberate Speed: Refl ec- on some very broad shoulders,” he told “I often think tions on the First Half-Century of Brown v. an audience of about 80 people Dec. 7, Board of Education. 2004, in The National Judicial College’s that Justice “I use my book as a tool to help people Tom C. Clark Auditorium. “I would not understand how dramatically America have gone to Stanford or be teaching at Thurgood has changed in the past 50 years,” he Harvard if I did not have the benefi t of explained. “Brown v. Board was the most standing on the shoulders of many Afri- Marshall signifi cant case ever. It ended a system can-Americans who fought to open those that was an ugly eyesore for our country. doors.” must be We cannot ignore the signifi cance of this As the Harvard Law School Jesse Cli- case and what it meant.” menko Professor of Law and vice dean for rolling over There were two major factors surround- clinical programs, Professor Ogletree was ing the case, of which many people are NJC’s most recent Nevada Lecture Series in his grave not aware, explained the professor. First, presenter, offering two lectures, one in was that Brown really encompassed fi ve Reno and one in Las Vegas. He addressed thinking, cases, not just one. Second, the United a Las Vegas audience on Dec. 6, 2004, States Supreme Court had been divided ollege and then spoke at the College the follow- ‘Fifty years on the issue of school segregation until c ing day. Both lectures were sponsored by President Dwight Eisenhower appointed NJC, the U.S. District Court for the Dis- later, what Earl Warren to the Court. Justice Warren trict of Nevada and the Nevada Chapter of came in and united the justices in favor of the Federal Bar Association. did we desegregating schools. Known for his dynamic and captivating “What was remarkable is that the Brown udicial udicial speeches, Professor Ogletree passionately decision was unanimous,” he said. “They j really win?’” shared his views of America’s slow, but did not even offer a concurring opinion. diligent evolution toward racial tolerance Justice Warren believed and fought very fi ve decades ago, but is far from over. these past 50 years. He was a 2-year-old hard to unite the Supreme Court so the Professor Ogletree openly shared his toddler at the time of the Brown v. the nation and the world would know they life with the audience – the experiences Board of Education of Topeka, Kansas deci- were united on this issue.” ational that infl uenced him to fi ght for racial sion in 1954 and a young law student, The professor recounted the racial n tolerance for all citizens, the signifi cance who got lost with his wife in a racially tension and resistance to desegregated of the Brown decision for him and other charged section of Boston in 1974. Today, schools that followed the Brown deci- he minorities, and what infl uenced him to t he feels the weight of a battle that was won sion. With historical facts intermingled with humorous personal stories, Profes- Professor Ogletree explained that it still was appointed director of Harvard Law sor Ogletree wove a picture of a chaotic exists in many areas of society today. School’s new Charles Hamilton Houston period of Unites States history where the “I often think that Justice Thurgood Institute for Race and Justice. In addi- rule of law had almost been forgotten. Marshall must be rolling over in his grave tion to writing the book, All Deliberate But with the intervention of fate, wisdom thinking, ‘Fifty years later, what did we Speed: Refl ections on the First Half-Century and individual warriors fi ghting for free- really win?’” he said. Justice Marshall was of Brown v. Board of Education, he also co- 25 dom, justice prevailed for our nation. How- the fi rst black American Supreme Court authored the award-winning book, Beyond ever, Professor Ogletree stressed that the justice. He played a huge part in the the Rodney King Story: An Investigation of hardest fi ght against racism came after that Brown decision. Police Conduct in Minority Communities. historical decision and continues on today. In closing, Professor Ogletree stressed His legal commentaries have appeared “The rule of law was not respected or the importance of liberty for all, not just in the editorial pages of the New York appreciated,” he told the audience. “This for some. Times, the Los Angeles Times, and the was not a southern problem. This was a “We can make sure that freedom and Boston Globe, among other national national problem … It was amazing to liberty are available to each and every one newspapers. He holds honorary doctor- me that Boston was ground zero for the of us,” he said before taking several ques- ates of law from North Carolina Central resistance to racial equality.” tions from the audience. University, the New England School of Today’s progress is seen more in higher Following the lecture, Professor Law, Tougaloo College, Amherst College, levels of society than in average popula- Ogletree stayed for a book signing where Wilberforce University, and the University tions across the nation where 50 percent copies of his book sold out quickly. A of Miami School of Law. In 2003, he was of blacks and Hispanics drop out of high resident of Cambridge, Mass., the profes- selected by Savoy Magazine as one of the school and an overwhelming number of sor has made an international reputation 100 Most Infl uential Blacks in America. NJC minorities crowd the prison system, he by taking a hard look at complex issues of pointed out. Although the legacy of Brown law and bringing racial issues to the fore- erased any legal tolerance for segregation, front. In April 2004, Professor Ogletree

The Judge’s Evidence Book Review: Bench Book By Felix F. Stumpf, NJC Publications pages of substantive coverage. There is no covering relevancy, witnesses, hearsay Consultant independent index, but a detailed com- and privileges. prehensive summary of contents precedes The third division for each federal rule Evidence books the volume as well as separate tables consists of excellent checklists, quite brief abound. No of contents that outline each of the 11 but explicit, that enable the reader to cat- matter how long a trial lawyer articles of the Federal Rules of Evidence into egorize and identify the requirements that has litigated or a judge has had to rule which the book is divided. Those familiar must be met, or not met, to obtain the on evidentiary issues on the bench, there with the composition of the Federal Rules admissibility or exclusion of the evidence is always an insatiable demand in the of Evidence should have no diffi culty in under each applicable rule. Cited authori- legal profession for books or educational fi nding the relevant subject matter of ties can be found in the second division. courses that expound the intricacies of the their investigations. The fourth division contains annotations law of evidence. What makes Professor Whinery’s that will provide a lawyer or judge with Now, a different kind of evidence book discourse so different from other evidence the necessary authorities when the has been published. In lieu of “an in- books is the novel way he has chosen admissibility of the evidence is ruled on. depth” treatise type of analysis, Professor to discuss the rules. Each federal rule is Some are repetitions of cases cited in the Leo H. Whinery, who taught evidence at organized into fi ve divisions. The fi rst third divisions. IN POINTCASE · Winter/Spring 2005 the University of Oklahoma College of division for each rule consist of doctri- Finally, the fi fth division gathers Law and at The National Judicial College nal statements of the rule, essentially references for in-depth coverage of the in Reno, Nevada, for many years and was comments on their purpose. The second subjects referred to in the prior divisions. also the national conference reporter for division followss with a series of factual The specifi c sections of each reference the Uniform Rules of Evidence (1999), has situations in which rulings are illustrated are cited so that the user can quickly written a one-volume text entitled The to show the analytic process in contrast to fi nd the leading authorities, especially Judge’s Evidence Bench Book. Using the a “precedent-oriented substantive” result. law review articles, needed to justify Federal Rules of Evidence as his source of I counted 1,076 such illustrations scat- admissibility. If the reader can master the evidence rules, Professor Whinery has tered throughout the book. They resemble fi ve divisions and learn how to navi- designed a “user-friendly” publication actual questions that might arise sur- gate through the information which is to aid state and federal judges in ruling rounding the breadth and scope of a rule. collected, the use of this book can save on the admissibility of evidence during The illustrations are usually not supported an inordinate amount of time devoted trials or hearings. Since so many states by any specifi c citations, but a defi nitive to fi nding relevant evidentiary authori- have modeled their local evidence codes ruling is set forth as the correct answer ties. Professor Whinery has provided an or laws on the Federal Rules of Evidence, a or result. Often the answers are accom- inexhaustible sourcebook for litigating major purpose is to assist state judges in panied by additional comments as well practitioners and judges alike. ruling on admissibility questions. as relevant case citations. The most lavish Professor Whinery’s tome totals 1,271 use of illustrations occurs in the articles courses

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ST%DITION 27 Grimes Criminal Law Outline (2003-2004 Supreme Court Term) Judge Stephen A. Schiller and Judge Thomas P. Durkin (Ret.) The Criminal Law Outline was originated by Chief Justice William A. Grimes of the New Hampshire Supreme Court. The 31st edition of the Grimes Criminal Law Outline (2003-2004 Supreme Court Term) succinctly annotates all United States Supreme Court decisions on the Fourth, Fifth, Sixth, and Eighth Amendments to URTT4EERMRM PREME#EME#OURO the Constitution since 1974. Judge Stephen A. Schiller and Judge Thomas P. Durkin  3U  3UPR (Ret.) continue to produce an invaluable and reliable tool for judges to consult in dealing with criminal law and procedure. 359 pages softcover / $30.00 CD ROM (MS Word /Single User License) / $30.00 NEW! Softcover/CD ROM Set / $40.00

International Child Custody Cases: Handling Hague Convention Cases in U.S. Courts Judge James D. Garbolino Judge James D. Garbolino’s book, International Child Custody Cases: Handling Hague Convention Cases in U.S. Courts, provides judicial offi cers hearing Hague Convention cases with a reference resource. Judge Garbolino has written and lectured extensively on the Hague Convention in the United States and Europe. In September, 2000, he attended an international conference on the Hague Convention in Washington, D.C., as the chief U.S. delegate. In his foreword, Judge Garbolino says, “In the short time the Hague Convention has been in force in the United States, a substantial body of case law has developed, providing foundation for application of the Convention.” 273 pages softcover / $35.00

Logic and Legal Reasoning Professor Douglas Lind University of Idaho This book is a clear introduction to logic and its application to law. Professor Lind reveals with illustrations from literature and judicial opinions what logical analysis can bring to the resolution of judicial controversies. In his preface, Professor Lind says, “No practice or profession matches the law in its reliance on argument and persuasion. Yet too few in the law understand the formal structure of the arguments they use in their daily work. This book is intended to fi ll the critical gap in the education of lawyers and judges between the practical enterprise of legal reasoning and the abstract

realm of formal logic.” IN POINTCASE · Winter/Spring 2005 392 pages softcover / $34.00

Search & Seizure Sourcebook for State Judges Professor Kenneth R. Evans In Search and Seizure, A Sourcebook for State Judges, Professor Kenneth R. Evans presents a unique book designed to spotlight the intricacies of the United States Supreme Court and state Supreme Court decisions on search and seizure issues. His correlation of states cases with those of the nation’s highest court is an innovation that distinguishes Professor Evans’ book from other works on the topic. In addition, he provides valuable checklists and forms. 684 pages softcover / $60.00 Order form

t he n ational j udicial c ollege 28 NJC PressBook Order Form or (775)784-6747 PHONE: (800)25-JUDGE NameonCard Signature (pleaseprint) ______Expiration Date:Month/Year ______/______(______) ______Email______Fax Phone (______)______City ______State______Zip______Shipping Address ______Ship To (Name) ______Credit Card #______A copyofthePurchase Order Pleaseattachoriginal purchase mustaccompanythis form. order. Purchase Order #______TM UNIY RC TOTAL PRICE QUANTITY ______@$34.00 Search & Seizure Sourcebook forStateJudges ______Logic andLegalReasoning . . ___ @$30.00 HandlingHagueConventionCasesinU.S.Courts ChildCustodyCases: International SoftcoverandCDROMSet CDROM(MSWord /SingleUserLicense) ______Softcover . Grimes CriminalLawOutline(2003-2004Supreme CourtTerm) ITEM

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29 New Detroit Judge DEAN TONER RETIRES Hon. Kay Hansen, was appointed as Dean M. James Toner of the National judge of the 36th District Court in Council of Juvenile and Family Court Detroit, Mich. She will be fi nishing out Judges is retired in February of 2005 after the term of Judge John R. Perry, who 33 years. He is an alumnus of The National passed away. Judge Hansen was formerly Judicial College and a member of the faculty. an assistant attorney serving as counsel for the Wayne County Family Indepen- dence Agency in child abuse and neglect matters. She has been a member of the NJC faculty since 1998. Judge Rhoades wins Justice Michael Douglas Chapman Award District Court Judge Stephanie Rhoades A Nevada First of Anchorage, Alaska was recognized Hon. Michael Douglas, former chief by The Foundation for Improvement of district judge for Clark County, was Justice for her work to improve mental sworn in as the fi rst black justice in the health courts. Rhoades is one of eight 140-year history of the Nevada Supreme recipients of this year’s Paul H. Chapman Court. Nevada Governor, Kenny Guinn Award given by the Georgia-based foun- appointed Judge Douglas to replace the dation. The annual awards program aims late Justice Myron Leavitt. Guinn praised to encourage improvement in various Douglas as highly qualifi ed and said, areas of the U.S. justice system. Judge Stephanie Rhoades “Today is one of those days we will always remember.” Scholarship for Perry New Appointment Circuit Judge Roger Perry, of Logan, Criminal Court Judge J.C. McLin was In Memorium W.Va., received a scholarship from the appointed to the Tennessee Court of Judge H.A. Taylor, 11th West Judicial State Justice Institute to attend the NJC Criminal Appeals by Gov. Phil Bredesen. Circuit Court, Pine Bluff, Ark., passed Seminar Series course Handling Sex- McLin is also an associate minister at Mt. away May 21, 2004. He was the most Related Cases in Court. He was featured Pisgah Baptist Church. senior circuit judge in the state and served in his local newspaper, The Logan Banner. as president of the Judicial Council from Another Milestone for 1992-1993. Bretzlaff Fund Wisconsin Recipient Judge Louis Butler was appointed to the Mary Philbrook Award Judge Terry Johnson, of the Offi ce of Wisconsin Supreme Court. Judge Butler is for Judge Loftus Nevada Labor, was the recipient of NJC’s the fi rst African-American to serve on the Former judge, Marilyn Loftus, of Verona, Bretzlaff Scholarship. court and the only member from Milwau- N.J., received the Mary Philbrook Award kee, where the state’s largest population for her pioneering efforts on gender Congratulations! is based. equality in the courts. Kevin F. Brady, of Brunswick, Ga., gradu-

Payant Award Winner IN POINTCASE · Winter/Spring 2005 ated in May of 2004 from the University Judge Spears wins of Nevada, Reno and NJC’s Master’s of Dr. Isaiah M. Zimmerman, of Arling- Lawyer-citizen award Judicial Studies program. Brady is grateful ton, Va., was the recipient of the 2004 Judge Jim Spears 12th Judicial Circuit, to the staff and administration (espe- V. Robert Payant Award for Teaching Fort Smith, Ark. received the Lawyer- cially the library staff) of the College who Excellence. Dr. Zimmerman has been Citizen Award from the Arkansas Bar helped him through the program. a member of NJC’s faculty since 1983. Foundation at the Arkansas Bar Associa- During this time, he has taught nearly tion meeting in June of 2004. 40 courses.

Judge Nash helps Three Certifi cates! with Adoptions Honorable Linton D. Lewis, Perry Juvenile Court Presiding Judge, Michael County Court of Common Pleas, New Nash volunteered his time at the Los Lexington, Ohio, recently completed the Angeles Superior Court’s Adoption Sat- requirements to earn three Professional urday on July 31, 2004, to fi nalize and Certifi cates in Judicial Development at the formally create additions to 231 families. NJC. The certifi cates were earned in court Adoption Saturday is a nationally recog- management, general jurisdiction and nized program that began in the Superior President Dressel, Kevin F. Brady, mediation. Judge Lewis began attending Court in 1998 and has since placed 6,000 Angela Brady, Jim Richardson courses at NJC in 1992. foster children with new families. StaffFaculty & Staff Ehlert Kockenmeister Juetten 30 NJC Faculty Member NJC Welcomes new... and Receives Judicial old employees Education Award Former NJC Program Attorney Phyl- Judge Peggy Fulton Hora, Alameda County lis Whittiker, who retired in 2003, has Superior Court, was named the 2004 returned to NJC as a consultant. recipient of the Bernard S. Jefferson When judges make their travel plans, Judicial Education Award by the Califor- they will have a new voice to talk to: Char- nia Judges’ Association president, Eric C. ity Clarke the new travel coordinator. At Taylor, at the organization’s 75th Annual the front desk of the College is Sharon Meeting in Monterey, Calif., on October 8, Ehlert, the new receptionist. Ben Davis is 2004. The award, named for Justice Ber- the new human resources manager. nard S. Jefferson (1910-2002), who was Program Attorney Robin Wosje has one of the state’s fi rst African American been promoted to assistant academic appellate judges, is awarded each year to a director, Joseph Sawyer has been pro- California judge who has made an excep- moted to distance learning and technol- tional contribution to the fi eld of judicial ogy manager and program manager, and education. The fi rst recipient was B.E. Rachel Kiserow has been promoted to Witkin in 1976, a co-founder with Justice lead course administrator. Jefferson of the state’s judicial college. Joseph Sawyer The National Tribal Judicial Center is Judge Hora has been on the faculty of The growing with an addition of a new pro- National Judicial College for 12 years. Longtime NJC Employee gram attorney, Bill Kockenmeister, and a She was elected to the trial bench in 1984 Joseph Sawyer Receives new course administrator, Sara Katafi asz. and has taught at the B.E.Witkin Judicial 2004 McMahon Award Lonnie Shodeen, Joni Beeson and College of California for 17 years. She was For his efforts in helping courts of limited Mary Jane Loudenburger are new course dean of the College from 1997-99. jurisdiction integrate technology into their administrators, Susan Juetten has joined She has also taught for such diverse work, Joseph Sawyer, distance learning the development staff as development entities as the American Psychological and technology manager and program offi cer and Christi Smith is the new Association, the American Society of manager, has been awarded the 2004 development consultant. ElRey Ander- Addiction Medicine, the Center for Sub- William R. McMahon Award. The award son is the new accounting assistant for the stance Abuse Treatment and the Chicago is from the National Conference of Special business offi ce. Police Forum. She has been teaching Court Judges and recognizes Sawyer’s extension courses for the University of efforts in assisting judges all across the NJC’s Holiday Spirit California for fi ve years. She has lectured nation in utilizing current courtroom Shines strong in Japan, Scotland, Italy, Ireland, Canada technology. Sawyer has worked at NJC for The 2004 holiday season was a generous and England, primarily on the issues of 21 years. The NCSCJ is a division of the one for NJC staff members. Spearheaded therapeutic jurisprudence. American Bar Association. by Scholarship Offi cer Nancy Copfer, the She is a graduate of the University of “I am delighted to have won this College gave the Food Bank of Northern San Francisco School of Law (1978); Cali- award,” expressed Sawyer. “I feel honored. Nevada a total of 372 pounds of food fornia State University, Hayward (1975); This is just one more reason I enjoy get- donated by NJC staff members. Thanks and Chabot College (1972). She has three ting up in the morning, knowing I am to some more teamwork, $74 was also sons and seven grandchildren. Her web- helping judges.” donated to the Food Bank. The money site is www.judgehora.com. This award is usually presented to was raised by Registrar Muriel Bartlett Other Alameda County Superior Court judges or court personnel, but an excep- and Assistant Registrar Jean Dimmick, judges who have received the Jefferson tion was made for Sawyer since his work who sold garden vegetables donated by

ollege Award are Hon. Spurgeon Avakian (1983) improves many courts across the nation. Publications Consultant Felix Stumpf.

c and Hon. Marie Bertillion Collins (1985). Sawyer received the award in August Staff members also donated over a dozen of 2004 at the ABA’s annual meeting in boxes of clothes to the Center to Aid Judge Gray retiring Atlanta, Ga. Abused Women and the Truckee Mead- Judge Sally H. Gray has announced her ows Community College Re-entry Center. retirement from the Indiana judiciary after Judge Lanzinger The NJC Communications Depart-

udicial udicial 24 years. She has taught for NJC, as well elected to Ohio’s Bench ment organized a cookie and coffee j as at National Trial Advocacy workshops Hon. Judith Ann Lanzinger was recently party for 150 seniors at Reno’s Sierra and at many Indiana Judicial Conference elected to the Ohio Supreme Court. Manor Apartments, a subsidized housing programs. Judge Gray was fi rst elected to Prior to her new position, she served on complex. Staff members baked nearly 60 the bench of the Putnam County Court the bench for the Sixth District Court of dozen cookies for the holiday celebra- in 1980 and then elected to two addi- Appeals of Ohio since November of 2002. tion, and collected nearly 500 pieces of ational tional terms. She spent her last term as She has attended courses at The National fresh fruit to give to the seniors during n a superior court judge. In 1994 she was Judicial College since 1991 and joined the the party. The College also raised $111 to appointed to the White House Offi ce of faculty in 1995. donate to the SPCA of Northern Nevada he Drug Control Policy Committee. t along with boxes of much-needed pet food, toys and other supplies. trusteesBoard of trustees

31 NJC welcomes new board members At the October 21-22, 2004 Board of Trustees meeting, NJC welcomed three new members and honored several departing members. Hon. Procter R. Hug, Jr., of the 9th Circuit Court of Appeals in Reno, took over as chair and Brian Larson, Esq., of Boyd Gaming in Las Vegas, is the new chair-elect. Hon. Alexander M. Sanders, Jr., president emeritus of the College of Charleston, is now immediate past chair. Hon. Carl O. Bradford, of the Superior Court in Portland, Maine, is the new secretary and Mignon (Dee) Upchurch Beranek, Esq., from Tallahassee, Fla., is the new treasurer.

The new NJC Board members are: Hon. Frederic B. Rodgers Thomas M. Susman, Esq. Condensed biography: Judge, Gilpin Condensed biography: Partner, Wash- Hon. Tyrone T. Butler County combined trial courts since ington Offi ce of Ropes & Gray LLP since Condensed biography: Chief adminis- appointment by the Governor in 1986; 1981; chief counsel, Senate Subcommittee trative law judge, District of Columbia became a judge in 1969 as one of the fi rst on Administrative Practice and Procedure; Offi ce of Administrative Hearings; chief U.S. Army military judges in Vietnam; general counsel, Antitrust Subcommittee administrative law judge/director of senior vice-president and member of and Senate Judiciary Committee; clerk, the Bureau of Adjudication, Division of the Board of Governors, Colorado Bar Judge John Minor Wisdom on the Fifth Legal Affairs, New York State Depart- Association; member of the national Circuit U.S. Court of Appeals; special ment of Health; administrative law judge, boards of the American Bar Association assistant to the assistant attorney general, New York State Department of Health; and American Judicature Society; 11-year Offi ce of Legal Counsel, U.S. Depart- assistant district attorney in Duchess member of ABA House of Delegates; ment of Justice; serves in the House of County; New York State general counsel past-president/chair of ABA Judicial Delegates of the ABA; past chairman, ABA to the Connecticut Inspector General’s Division, National Conference of Special Administrative Law and Regulatory Prac- Offi ce; inspector general, New York City Court Judges, Colorado County Judges tice Section; served on the Board of Gov- Corrections Department; lieutenant, Association, Colorado Municipal Judges ernors of the ABA; president, D.C. Public New York City Police Department; chair, Asssociation; vice-chair Colorado Trial Library Foundation; teaches Lobbying National Conference of the Administrative Judges Council; provided judicial training and Legislative Process, the American Judiciary, ABA; chair-elect, the NAALJ; at- and law drafting assistance to the Vietnam University’s Washington College of Law. large member, Committee on Attorneys in Supreme People’s Court and Ministry of Public Service, New York Bar Association; Justice, 2002-04; member, The National past president, New York State Adminis- Judicial College faculty since 1990; trative Law Judges Association; Fellow of member, NJC Faculty Council since 1993, IN POINTCASE · Winter/Spring 2005 the American Bar Foundation; elected to chair in 1999. serve in the House of Delegates, New York State Bar Association; served as a delegate, ABA House of Delegates; admitted to the New York State Bar, 1981, and to the U.S. District Court, Southern/Eastern districts, 1982. Have you considered NJC in your estate planning? A planned gift helps to ensure the future of the services and programs we provide to our nation’s judiciary. For further information about planned giving contact Janice Barbour at (775) 327-8257 or (800) 25-JUDGE. givingGiving News

32 Schostok & Pritchard P.C.; and Williams founded Beck, Redden & Secrest, L.L.P., Montgomery & John Ltd. in January, 1992. Beck was formerly a Other donors included: Julie Bauer; senior partner of Fulbright & Jaworski in Robert E. Bouma; David Donnersberger; Houston, Texas. He served as president John R. Doyle; Steven P. Handler; Thomas of the State Bar of Texas from 1995-96. Z. Hayward, Jr.; Donald B. Hilliker; Most recently, United States Supreme Donald Hubert; Harvey L. Kaplan; Jack Court Chief Justice William Rehnquist Karp; Howard R. Kaufman; Ludwig E. appointed Beck to the very prestigious Kolman; Patrick S. Layng; Allan W. Mas- Judicial Conference Standing Commit- ters; James S. Montana, Jr.; McDermott, tee on Rules of Practice and Procedure. Will & Emery; Stephen R. Patton; John H. The Committee’s members include some Pickering; Daniel J. Pope; Neil K. Quinn; of the leading judges, academicians and Michael Pope is awarded for his work Lazar P. Raynal; Steven J. Roeder; B.B. practitioners in the United States. and generosity to NJC by former Board chair, Schraub; William P. Schuman; Shefsky & Tekell has been a licensed trial lawyer Hon. Alexander M. Sanders, Jr. Froelich Partnership; Harvey M. Silets, in Texas and for the Federal Bar for over KMZ Rosenman; Jane L. Stuart; Dennis R. 35 years. He earned his bachelor’s degree Scholarships for Suplee; Ungaretti & Harris, LLP; Richard and LL.B. from the University of Texas. Illinois ... K. Willard; and Charles B. Wolf. He is a member of the Houston and The National Judicial College’s June American Bar foundations. He specializes 3, 2004, Illinois fundraiser brought in a ... and texas in insurance law, personal injury (defense total of $62,350 for an endowed scholar- Texas judges, attorneys and other legal and plaintiff), products liability law, toxic ship fund to enable Cook County, Illinois, professionals gathered Oct. 13, 2004 in torts and workers’ compensation law. He judges to attend innovative courses at Houston to raise money for a scholar- has tried to a verdict in district courts NJC. The cocktails and hors d’oeuvres ship fund that will enable Texas judges to more than 150 cases. event, which was held at McDermott, Will attend innovative and career-enhancing & Emery in Chicago, honored former courses at The National Judicial Col- National Judicial College board member, lege. The event, which was held to honor Michael A. Pope, Esq. Exxon Mobil Vice President/General The event gave attendees an opportu- Counsel Charles W. Matthews, Jr., a nity to mingle with others from the legal former longtime member of NJC’s Board fi eld and the judiciary as well as members of Trustees, raised more than $53,000 for the Charles W. Matthews Endowed Scholarship Fund. The event was held at the Houston Center Club. “Those who attended the event showed tremendous support for judicial educa- tion,” said Hon. William F. Dressel, NJC Honoring Charles W. Matthews: (from left) president. “These funds will go a long way Michael DeMarco, Esq., Exxon Mobil Vice in educating the Texas judiciary.” President/General Counsel Charles W. Matthews was elected vice president Matthews, NJC President William F. Dressel, and general counsel of Exxon Mobil Kenneth Tekell, Esq., and David J. Beck, Esq. Corporation in 1999. Before the merger of Exxon and Mobil, he served as vice Peter C. John, of Williams, Montgomery president and general counsel of Exxon Set up a Scholarship

ollege & John Ltd., hosted the Chicago event. Corporation since 1995. Matthews joined fund for your state c the litigation section of Exxon’s law Anyone interested in setting up an NJC of The National Judicial College’s Board department in 1971. He has served in a endowed scholarship fund may contact of Trustees, who were able to attend number of regional and headquarters law Janice Barbour at (775) 327-8257 or since it coincided with NJC’s Chicago department management assignments in [email protected]. Board meeting. Exxon USA and Exxon Corporation. A udicial udicial The evening was hosted by The 1967 graduate of the University of Texas, To contribute to the Scholarship Fund, j National Judicial College and Peter C. Matthews received his law degree from please visit www.judges.org/donate and John, Esq., of Williams, Montgomery & the University of Houston in 1970. for more information on the College, John Ltd. Members of the Steering Com- In addition to The National Judicial please visit www.judges.org. mittee included: Bartlit Beck Herman College, other hosts of the event included Palenchar & Scott LLP; Clifford Law David J. Beck, Esq., of Beck, Redden & ational Offi ces; Corboy & Demetrio; Paul B. Epis- Secrest, L.L.P., and Kenneth Tekell, Esq., n cope, Ltd.; William J. Harte, Ltd.; Johnson of Tekell Book Matthews & Limmer. Beck, & Bell, Ltd.; Edward T. Joyce & Associ-

he along with Joe Redden and Ron Secrest,

t ates; Power Rogers & Smith, P.C.; Salvi, DonorsDonors

33 THE ANNUAL FUND The North Carolina State Bar Plan Hon. Stephen B. Goldstein PRESIDENT’S CIRCLE NJC’s Annual Fund gives alumni and Power Rogers & Smith, P.C. Gray, Ritter & Graham, P.C. ($500 +) friends the opportunity to ensure the Salvi, Schostok & Pritchard, P.C. Ronald R. Hofer Anonymous continued success of NJC. It is an ongoing Andrew R. Laidlaw, Esq., Douglas G. Houser, Esq., Hon. Elihu M. Berle fundraising effort aimed at securing Seyfarth Shaw LLP Bullivant Houser Bailey PC operating resources. NJC would like to Hon. John P. Bessey acknowledge the following friends and Kenneth Tekell Esq., Donald Hubert, Esq. Justice Carl O. Bradford alumni for their generosity. This list Tekell, Book, Matthews Hon. Procter Hug, Jr. Nachman Brautbar, M.D. refl ects donations received from March 1, & Limmer, LLP and Mrs. Barbara Hug Burlington Resources, Inc. 2004 through December 31, 2004. Harry M. Reasoner, Esq., JLH, Inc. Hon. Tyrone T. Butler Vinson & Elkins, LLP John Jessen James E. Coleman, Jr., Esq. CRYSTAL GAVEL SOCIETY Williams Montgomery Peter C. John, Esq. Carol N. Cure, Esq. ($10,000 +) & John Ltd. The Johnson Foundation Hon. Mark Denton The E. L. Cord Foundation Saul Wolfe, Esq., Mr. and Mrs. Dennis B. Jones Hon. Clinton E. Deveaux Charles W. Matthews, Jr., Esq., and Roberta Wolfe Ron Krist, Esq., Echeverria Law Offi ce Exxon Mobil Corporation Krist Law Firm, P.C. Hon. Karl B. Grube Samuel H. Gillespie, III, Esq., TOM C. CLARK CIRCLE Brian A. Larson, Esq. Mr. and UNOCAL Corp. ($1,000 +) Hon. Marilyn Loftus Mrs. Donald B. Hilliker, Esq. Richard K. Willard, Esq., Senior Justice Deborah A. Agosti Thomas William Malone, P.C. Jenkens & Gilchrist The Gillette Company Akin, Gump, Strauss, Patrick E. Maloney, Esq., Hon. Charles F. Kahn Mr. Albert H. Gordon Hauer & Feld, LLP Tressler, Soderstrom, Hon. Jack and Lulu Lehman Robert Z. Hawkins Foundation American Pacifi c Corporation Maloney & Priess Hon. Christopher B. McNeil Samuel S. Lionel, Esq., Atlas & Hall LLP Marathon Oil Co. Dean Richard J. and Mrs. Morgan Lionel Sawyer & Collins B. Daryl Bristow, Esq. Hon. Christopher B. McNeil Hon. Robert T. Pfeuffer Irwin and Susan Molasky Baker Botts, LLP Ethel Morvay Michael A. Pope, Esq. Paradise Development Ltd. James R. Bartimus, Esq., D. Dudley Oldham, Esq., and Christine M. Pope Hon. Florence K. Murray Bartimus, Frickleton, Fulbright & Jaworski LLP Hon. William R. Donald W. Reynolds Foundation Robertson et al. Hon. Rory R. Olsen and Colleen S. Quinlan The South Carolina Edward M. Bernstein, Esq., Jack O’Neill, Esq., Senator Bill Raggio Bar Foundation Edward M. Bernstein Clements, O’Neill, Pierce, Hon. Frederic B. Rodgers & Associates Wilson & Fulkerson, LLP The Law Firm of Herb Santos, Jr. GOLDEN GAVEL SOCIETY Hon. Janet J. Berry Hon. Filis L. Otto Hon. Robert A. Schultz ($5,000 +) William J. Brunson, Esq. Robert L. Parks, Esq., Shefsky & Froelich Partnership Darrell L. Barger, Esq., Hon. Alfred A. Burka Haggard, Parks, Haggard Hon. Steven G. Shutter Hartline, Dacus, Barger, Business Travel & Bologna, P.A. Harvey M. Silets Dreyer & Kern, LLP Clements, O’Neill, Pierce, Wilson Robert D. Parrillo, Esq. Mr. and Mrs. David J. Beck, Esq., & Fulkerson, LLP Hon. and Mrs. V. Robert Payant Reagan W. Simpson, Esq. Beck, Redden & Secrest Martin M. Collins Pechanga Gaming Commission Dennis R. Suplee, Esq. Philip S. Beck, Esq., Stephen F. Gates, Esq. James W. Quinn, Esq., Thompson & Knight Bartlit Beck Herman Pelenchar Clyde W. Lea, Esq., Weil Gotshal & Manges LLP Chief Justice and Mrs. Joseph R. & Scott LLP ConocoPhillips Ratliff Law Firm PLLC Weisberger Robert A. Clifford, Esq., County of Saint Clair Hon. Ellen F. Rosenblum and Timothy T. West Clifford Law Offi ces, P.C. John T. Crowder, Jr., Esq., Richard H. Meeker Wilmer, Cutler & Pickering Philip H. Corboy, Esq., Cunningham, Bounds, Hon. Alexander M. Sanders, Jr. Corboy & Demetrio, P.C. Yance et al. SBC Matching Gift Program NJC LEADERS IN POINTCASE · WINTER/SPRING 2005 Paul B. Episcope, Esq. Hon. Samuel G. De Simone Hon. B.B. and Estella Schraub ($250 +) William J. Harte, Ltd. Hon. and Mrs. William F. Dressel Hon. David M. Schreiber Dr. and Mrs. Charles C. Anderson George W. Bramblett, Esq. Kevin J. Dunne Esq., David Stone, Esq. Hon. David A. Anderson Lynne Liberato, Esq. Sedgwick, Detert, Thomas M. Susman, Esq., Hon. John Antosz Haynes and Boone Foundation Moran & Arnold Ropes & Gray Hon. Angela R. Arkin Joseph D. Jamail, Esq. Howard Ecker, Esq. The Thomas Foundation Justice Cameron M. Batjer Edward T. Joyce & Associates Ecker and Kainen, Chtd. University of Nevada, Reno Dan W. Bolton, III, J.D., D.O. Johnson & Bell, Ltd. Frank J. Fertitta, Jr. The USAA Foundation, Robert E. Bouma, Esq. Jan Laverty Jones, Timothy M. Finnegan, Esq., A Charitable Trust Hon. and Mrs. George H. Boyett Harrah’s Entertainment Jacob, Medinger Jim and Karlene Webster Hon. Joseph E. Cirigliano Charles W. Matthews, Jr., Esq. & Finnegan, LLP B. Phyllis Whittiker, Esq. Hon. Jess B. Clanton, Jr. Jeffrey W. Matthews, Esq., Wayne Fisher, Esq., Claudine Williams, Chief Judge Charles R. Cloud Winstead, Sechrest Fisher, Boyd, Brown et al. The Williams Foundation Hon. Louis E. Condon & Minick P.C. Gabelli Foundation Inc. Jerome A. Yavitz Charitable Hon. Patrick J. Curran McDermott, Will & Emery Hon. David M Gersten Foundation, Inc. Hon. Alfred J. DiBona, Jr. Hon. William A. Munnell Thomas V. Girardi, Esq. John R. Doyle, Esq. William H. Neukom, Esq., Girardi & Keese Hon. Stephen S. Goss Preston, Gates & Ellis Godwin Gruber, LLP Hon. Kenneth L. Govendo donors continued

Gray, Ritter & Graham, P.C. Hon. Guido J. Casari, Jr. Hon. Hannes Meyers, Jr. Hon. Chris Boyko Ruth Hadley-Halada Hon. Elaine Charney Hon. Linda Wallach Miller Hon. Robert J. Boylston Hon. Robert C. Halbritter Hon. Robert L. Childers Hon. and Mrs. Vincent Murphy Mr. and Mrs. John W. Boyse Robert L. Hans Hon. Richard Cisneros Hon. Felicia Orth Kevin F. Brady, Esq. 34 Hon. Wallace R. Hoggatt Hon. Edward C. Clifton Hon. George A. Pagano Hon. H. Harrison Braxton, Jr. Hon. Karen L. Hunt Justice William Cousins, Jr. Hon. Richard E. Parrott Hon. Herman L. Breitkopf Harold J. Hunter, Esq. David M. Craun Hon. Jack Partain Hon. Jerome Bulavsky Hon. Katherine M. Irigoin Chris Crawford Hon. William J. Pattinson Hon. Thomas W. Cain Judges, Masters and Staff of the Hon. Matthew J. Crehan Hon. John C. Quigley, Jr. Hon. Louis K. Campbell 2nd Judicial Family Dorothy Davids Neil K. Quinn, Esq. Hon. William B. Cassel Court Department 11 Hon. Mark S. Davis Marsha J. Rabiteau, Esq. Hon. Thomas W. Cavanagh Mr. and Mrs. Jack Karp Randall J. Davis, Esq. Hon. Jim Redwine Hon. James Chenault Hon. Ken M. Kawaichi Hon. Anne C. Dranginis Dr. James T. Richardson City of Dickson, Tennessee Hon. Henry C. Keene, Jr. Thomas L. Duston Justice Lyle L. Richmond Hon. Walter J. Clarke Hon. John W. Kennedy, Jr. Eldorado Hotel Associates Hon. Rosemary S. Sackett Hon. James D. Clyne Hon. Barbara A. Kluka Hon. F. Harold Entz Hon. Larry Guy Sage Barbara Cochran Justice Judith Ann Lanzinger Fred L. Fason, M.D. Hon. Eugene W. Salisbury John F. Cochran Hon. Prudence M. McGregor Hon. Timothy Davis Fox Hon. Betty W. Sanders Hon. Edward D. Cohen Hon. Steven D. McMorris Elizabeth A. Francis, Ph.D. Hon. Richard M. Sasso Hon. Frederick C. Cohen and Hon. Melvin M. Menegat Hon. Clifford L. Freeman Mr. and Mrs. Arne Schoeller Sorrell D. Cohen Hon. Claudia Morcom Hon. Frank Gafkowski Hon. Deborah Schumacher Hon. R. T. S. Colby National Center Michele A. Gillette Mary B. Siebers Mr. and Mrs. Edward J. 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Daisy Hon. Steven D. Robinson Harrah’s Reno Hon. Paul Wyler Hon. Andre Davis Eduardo R. Rodriguez, Esq. Hon. Duane R. Harves Nancy Neal Yeend Hon. James E. Dehn Rodriguez, Colvin, Hon. Ben W. Hooper, II Hon. Roger Young Hon. Deborah M. Dice Chaney & Saenz, LLP Hon. Robert C. Hunter Hon. Thomas N. Younger Hon. Bernice B. Donald Steven J. Roeder, Esq. Hon. and Mrs. John W. Hutchins Mr. and Justice Robert E. Rose Hon. Gilbert V. Indeglia NJC GUARDIANS Mrs. David Donnersberger Hon. Richard Savell Hon. Marc Jacobson ($10 +) Hon. Frederick D. Dorsey Hon. and Mrs. Jack W. Smith Hon. Donald B. Jarvis Chief Justice Hon. Elizabeth Drews Hon. James F. Stapleton Hon. Perry O. Johnson Shirley S. Abrahamson Hon. Dennis Drury Ungaretti & Harris LLP Jones Vargas Hon. George H. Allen Hon. Robert A. Dukes Mr. and Mrs. Douglas Unger Hon. William H. Joy Hon. Christine Allen-Jackson Lou I. Dunst Hon. Jerry Vanderhoef Dr. Leo Kadehjian Justice Douglas K. Amdahl Hon. S. J. Elden Hon. Douglas G. White Hon. 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the national judicial college judicial the national Justice Wallace P. Carson, Jr. Hon. Martha L. Mertz Jan C. and Steven Bouch Hon. James M. Gunn donors continued

Steven P. Handler, Esq. Hon. Phillip A. Mendiguren Edward S. Sledge, III, Esq. Hon. Richard Bandstra Katherine L. Hansen Roselind V. Metzger Hon. and Mrs. T. M. Smallwood Hon. Jennifer K. Bartell Hon. Barbara Arnold Harcourt Hon. Charles M. Middlesworth Hon. Berkeley Smith Bartlit, Beck, Herman, Hon. Jay G. Harris Mr. and Mrs. Ronald E. Miles James C. Smith Pelenchar & Scott LLP Colonel Rodger C. Harris Hon. Marie Nakanishi Milks Hon. Larry G. Smith Julie Bauer, Esq. 35 Kathryn M. Hartrick Hon. Edward Terhune Miller Hon. Russell Smith Philip S. Beck, Esq. Steven A. Hathorn, Esq. Mr. and Mrs. Donald S. Mills Hon. Steve Smith Hon. Randy I. Bellows Jerrianne Hayslett James S. Montana, Jr., Esq. Hon. William Ronald Smith Hon. Stephen E. Benson Thomas Z. Hayward, Jr. Hon. Bruce E. Moore Hon. Marshall A. Snider Hon. Nicki Martinson Boland Hon. Paul P. Heffernan R. T. Moorhead Hon. Allen E. Sommer Marc E. Bona Pedro R. Hernandez Hon. James A. Morrow Hon Ernest H. St. Germaine Robert E. Bouma, Esq. Loyal Robert Hibbs, Esq. Hon. William D. Mudd Hon. Stewart E. Stadler Kevin F. Brady, Esq. Justice Philip S. Hollman Hon. Gregory Munoz Hon. Keith Starrett B. Daryl Bristow, Esq. Hon. Nicholas H. Holmes, Jr. Christopher M. Murphy, Esq. State Bar of Nevada Hon. and Mrs. John P. Brown Steven J Howell Hon. Tina Nadeau Hon. Brian W. Steinke Hon. Jerome Bulavsky Barbara Hug Hon. Greg Nakamura Justice Roscoe B. Stephenson, Jr. Business Travel Hon. Emilio Jaksetic The National Hon. Thomas B. Stewart Hon. Tyrone T. Butler Rebecca A. Janik Automobile Museum Nathan Stoltzfus, Ph.D. Hon. Thomas W. Cain Justice Norman E. Joslin Hon. Harlan L. Nelson Hon. Roger G. Strand Hon. Thomas W. Cavanagh Hon. Charles J. Kahn Hon Clifton Newman Hon. Nicholas J. Stroumtsos City of Dickson, Tennessee Hon. Thomas M. Kalenius Hon. Stuart A. Nudelman Hon. Jane L. Stuart Hon. Jess B. Clanton, Jr. Harvey L. Kaplan, Esq. Hon. Jeanette O’Banner-Owens John E. Stults Clements, O’Neill, Pierce, Wilson Hon. Amy B. Karan Hon. Nancy Oesterle Felix F. Stumpf & Fulkerson, LLP Hon. Howard R. Kaufman Hon. Brian M. O’Leary Hon. Patricia M. Summe Hon. James D. Clyne Justice Tod J. Kaufman Hon. Norman Olitsky Hon. Nancy S. Tabor Barbara Cochran Hon. and Hon. Reba Page Justice Melvyn Tanenbaum ConocoPhillips Mrs. Ronald M. Keefover Stephen R. Patton, Esq. Hon. Jill Tanner Carol A. Cooke Hon. William G. Kelly Hon. Donna Paulsen Hon. Donna M. Taylor Hon. G. Thomas Cooper, Jr. Hon. John D. Kennedy Hon. Karl F. Peplau Mary L. Temoke Corboy & Demetrio, P.C. Hon. David M. Kenworthy Hon. Guy D. Pfeiffer Hon. P. R. Thomas Hon. James A. Cox Hon. Fred Kieser, Jr. Hon. Haskell M. Pitluck Kelly Thomas-Boyers Chris Crawford Hon. Philip M. Kirk Daniel J. Pope Hon. Robert C. Tobias Hon. Robert E. Cupp Hon. Stanley Klavan Hon. Charles Evans Poston Joseph Trotter Ms. Dorothy Davids Vincent Knight Mary Powell Hon. Jeanne W. Ulmer Hon. Mark S. Davis Ludwig E. Kolman, Esq. Hon. Caryl Penney Privett Hon. Thomas A. Van Tiem, Sr., Hon. Deborah M. Dice Hon. David Krashna Hon. Nina Puglia and Helen Van Tiem Mr. and Mrs. David Donnersberger Hon. Judith L. Kreeger Prof. Myrna S. Raeder Chief Justice Gerald VandeWalle John R. Doyle, Esq. Mark La Pointe Hon. and Mrs. Michael F. Rahill Hon. Anthony Vardaro Hon. Anne C. Dranginis Hon. Bertina E. Lampkin Hon. Sara B. Rearden Hon. Betty M. Vitousek Hon. Robert A. Dukes Hon. Frank M. Lario, Jr. Hon. Allen Reel Hon. Daniel M. Waldman Thomas L. Duston Patrick Sean Layng, Esq. Robert and Patricia Reeves Hon. Ronit Z. Walker Edward T. Joyce & Associates Hon. William F. Lee, Jr. David G. Rice, Esq. Hon. Marcia K. Walsh Paul B. Episcope, Esq. Hon. David A. Leech Hon. James M. Riehl Hon. Jeffrey M. Walson Hon. Robert A. Fall Hon. Alexander D. Lehrer Hon. Jeffrey Rosinek Hon. John L. Ward II Hon. and Mrs. James A. Farber Hon. Thomas R. Lett Dr. Erik Roskes, M.D. Hon. Thomas C. Warren Paul Ferrin Hon. Michel Levant Mr. and Mrs. Bernard Rosner Hon. Gregory D. Wenner Wayne Fisher, Esq. Hon. Melvin G. Levy Scott E. Rozzell, Esq. Hon. Patricia A. Whalen Katherine Flores Margaret Lightner Hon. Daniel P. Ryan Hon. Merlin G. Wheeler Thomas D. Gamble

Hon. Lawrence Lujan Hon. John O. Sanderson Prof. Leo H. Whinery Stephen F. Gates, Esq. IN POINTCASE · WINTER/SPRING 2005 Richard B. Lundy Sands Regency Hotel and Casino Hon. H. William White Hon. Jennifer Gee Hon. John A. MacPhail Hon. David H. Sawyer Hon. Cynthia B. Williams Samuel H. Gillespie, III, Esq. Hon. Bruce F. Marrs Ann M. Scanlon Marjorie L. Wilner Michele A. Gillette Hon. Paul Mason Sterling W. Schallert Hon. Steven A. Wise Godwin Gruber, LLP Hon. George Mason, III Hon. William L. Schmaedecke Mr. and Mrs. Charles B. Wolf Hon. Arnold B. Goldin Mr. and Mrs. Ernest J. Maupin Hon. Charles B. Schudson Hon. William H. Wolff, Jr. Rew R. Goodenow, Esq. Hon. John W. Maurer William P. Schuman, Esq. Hon. and Mrs. Naman Wood Hon. Kenneth L. Govendo Chief Justice Hon. Michael E. Schwab Robin Wosje Mr. and Arthur A. Mc Giverin William Scofi eld Hon. Hiller B. Zobel Mrs. Maurice B. Graham, Esq. Hon. Sidney McCollum Hon. Calvin L. Scott Hon. Benjamin Zvenia Hon. Joseph A. Grasso Charles M. McCullough Elizabeth Scott Hon. Howard S. Zwelling Hon. James M. Gunn Hon. Kathleen McGuire Mr. and Mrs. Seiolino Mr. and Mr. and Hon. Mark H. Shapiro NEW DONORS Mrs. Patrick J. Hagerty, Esq. Mrs. Louis W. McHardy, Sr. Hon. Myra Sheehan Hon. Christine Allen-Jackson Steven P. Handler, Esq. Mr. and Mrs. J. Philip McKean Hon. Olin W. Shinholser Hon. & Mrs. James F. Ammons Col. Rodger C. Harris Hon. P. B. McLauchlin Brenda Shinholser Dr. and Mrs. Charles C. Anderson Haynes and Boone Foundation Hon. Craig McMahon C. Robert Showalter Hon. Kevin Anselm Thomas Z. Hayward, Jr. Robert L. McMasters Silver Legacy Resort Casino Atlas & Hall LLP Pedro R. Hernandez Hon. John N. McMullen Hon. Paul J. Simon Kathleen W. Baker the national judicial college 36 Hon. Tina Nadeau Christopher M.Murphy, Esq. Hon. GregoryMunoz Dean Richard J.Morgan R. T. Moorhead James S.Montana,Jr., Esq. Hon. CharlesM.Middlesworth Hon. MarthaL.Mertz Hon. SidneyMcCollum Jeffrey W. Matthews,Esq. Hon. George Mason,III Hon. Walter L.Marshall,Jr. Hon. BruceF. Marrs Margaret Lightner Hon. ThomasR.Lett Hon. AlexanderD.Lehrer Patrick SeanLayng,Esq. Mark LaPointe Ludwig E.Kolman,Esq. Vincent Knight Hon. KevinN.King Hon. JohnD.Kennedy Hon. AnneKaylor Mr. andMrs.JackKarp Hon. ThomasM.Kalenius Hon. CharlesJ.Kahn Mr. andMrs.DennisB.Jones JLH, Inc. John Jessen Charitable Foundation, Jerome A.Yavitz, Inc. Jenkens &Gilchrist Rebecca A.Janik Hon. andMrs.JohnW. Hutchins Donald Hubert,Esq. Mr. StevenJ.Howell Mrs.DonaldB.Hilliker, Esq. Mr. and SBC MatchingGift Program Hon. DavidH.Sawyer Hon. Richard Savell Salvi, Schostok&Pritchard, P.C. S.Sackett Hon. Rosemary Scott E.Rozzell,Esq. Dr. ErikRoskes,M.D. Steven J.Roeder, Esq. &Saenz,LLP Rodriguez, Colvin,Chaney Eduardo R.Rodriguez,Esq. Hon. JamesM.Riehl Hon. SaraB.Rearden Lazar PolRaynal,Esq. Ratliff LawFirmPLLC Hon. andMrs.MichaelF. Rahill Neil K.Quinn,Esq. PenneyPrivett Hon. Caryl Powell Mary Hon. CharlesEvansPoston Daniel J.Pope Hon. JohnH.Pickering Hon. DonnaPaulson Stephen R.Patton,Esq. Jack O’Neill,Esq. Hon. NancyOesterle Hon. StuartA.Nudelman fortheStateCourts National Center The NationalAutomobileMuseum donors

continued Hon. BenjaminZvenia Ms. RobinWosje Mrs. Stephen Mr. and R. Woodley,Hon. andMrs.NamanL.Wood andRobertaWolfe Esq. Saul A.Wolfe, Esq. Mr. andMrs.CharlesB.Wolf Hon. Lawrence F. Winthrop Hon. CynthiaB.Williams Hon. MerlinG.Wheeler Hon. PatriciaA.Whalen Timothy T. West Hon. RonitZ.Walker Hon. DanielM.Waldman Hon. Richard Vlavianos Deborah D.Ungerman Ungaretti &HarrisLLP Mr. JosephTrotter Thompson &Knight L.TemokeMary &Limmer, LLP Tekell, Book,Matthews Thomas M.Susman,Esq. Hon. PatriciaM.Summe Hon. JaneL.Stuart Hon. NicholasJ.Stroumtsos David Stone,Esq. Nathan Stoltzfus,Ph.D. Hon. StewartE.Stadler Hon. RussellSmith Hon. andMrs.JackW. Smith Mrs.ReaganW. Simpson,Esq. Mr. & M.Silets Harvey Brenda Shinholser Hon. OlinW. Shinholser Shefsky &Froelich Partnership Hon. MyraSheehan Hon. MarkH.Shapiro Mr. andMrs.Seiolino Elizabeth Scott Hon. CalvinL.Scott William P. Schuman, Esq. Clyde W. Lea,Esq. Hon. JamesW. Kerr, Jr. Jenkens &Gilchrist Joseph D.Jamail,Esq. Haynes andBooneFoundation LLP &Kern, Hartline, Dacus,Barger, Dreyer Godwin Gruber, LLP Stephen F. Gates,Esq. Fisher, Boyd,Brown Wayne Fisher, Esq., ConocoPhillips & Fulkerson, Clements, O’Neill,Pierce, Wilson LLP Burlington Resources, Inc. Bristow,B. Daryl Esq. Hon. JanetJ.Berry Darrell L.Barger, Esq. Baker Botts,LLP Atlas &HallLLP Rodney Acker ENDOWMENT CHARLES W. MATTHEWS et al. Stephen R.Patton, Esq. Christopher M.Murphy, Esq. James S.Montana,Jr., Esq. McDermott, Will &Emery Hon. AllanW. Masters Patrick SeanLayng,Esq. Ludwig E.Kolman,Esq. Hon. Howard R.Kaufman Mr. andMrs.JackKarp L.Kaplan,Esq. Harvey Johnson &Bell,Ltd. Mr. JohnJessen Donald Hubert,Esq. Mrs.DonaldB.Hilliker, Esq. Mr. and Mr. ThomasZ.Hayward, Jr. William J.Harte,Ltd. Steven P. Handler, Esq. Paul B.Episcope,Esq. Edward T. Joyce&Associates Mr. ThomasL.Duston John R.Doyle,Esq. Mrs. David Mr. and Donnersberger Philip H.Corboy, Esq. Corboy &Demetrio,P.C. Robert A.Clifford, Esq. Clifford LawOffi Hon. Alfred A.Burka Robert E.Bouma,Esq. Philip S.Beck,Esq. Julie Bauer, Esq. &ScottLLP Bartlit BeckHermanPelenchar Dr. andMrs.CharlesC.Anderson ENDOWMENT MICHAEL POPE Richard K.Willard, Esq. Prof. LeoH.Whinery Timothy T. West Vinson &Elkins,LLP Thompson &Knight & Tekell, Book,Matthews Limmer, LLP Kenneth Tekell, Esq., Edward S.Sledge,III,Esq. and Mrs. Reagan W. Simpson,Esq. Simpson Hon. B.B.andEstellaSchraub Hon. AlexanderM.Sanders,Jr. Scott E.Rozzell,Esq. &Saenz,LLP Rodriguez, Colvin,Chaney Eduardo R.Rodriguez,Esq. Ratliff LawFirmPLLC James W. Quinn,Esq. Hon. JohnH.Pickering J. C.PenneyCompany, Inc. Jack O’Neill,Esq. D. DudleyOldham,Esq. fortheStateCourts National Center Jeffrey W. Matthews,Esq. Charles W. Matthews,Jr., Esq. Hon. Lawrence Lujan Hon. JohnM.Lischak ces, P.C. Mr. andMrs.CharlesB.Wolf &JohnLtd. Williams Montgomery Richard K.Willard, Esq. Ungaretti &HarrisLLP Dennis R.Suplee,Esq. Hon. JaneL.Stuart Mr. M.Silets Harvey Shefsky &Froelich Partnership William P. Schuman,Esq. Hon. B.B.andEstellaSchraub Salvi, Schostok&Pritchard, P.C. Steven J.Roeder, Esq. Lazar PolRaynal,Esq. Neil K.Quinn,Esq. Power Rogers&Smith,P.C. Michael A.Pope,Esq. Daniel J.Pope Hon. JohnH.Pickering Steven F. Pfl Michael DeMarco, Esq. Kirkpatrick &Lockhart C.Keene Hon. Henry Hon. Howard R. Kaufman Harvey L. Shook, Hardy &BaconLLP Kaplan, PeterC.John,Esq. Esq. &JohnLtd. Williams Montgomery DouglasG.Houser, Esq. Bullivant HouserBaileyPC Stephen RobertF. Ritter, Esq. R. Woodley PatrickJ.Hagerty, Esq. MauriceB.Graham,Esq. Gray, Ritter&Graham,P.C. ThomasV. Girardi, Esq. Girardi &Keese Wayne Fisher, Esq. Fisher, Boyd,Brown KevinJ.Dunne,Esq. &Arnold Sedgwick, Detert,Moran Carol N.Cure, Esq. SheaHomes, L.P. JohnT. Crowder, Esq. Cunningham, Bounds,Yance RobertA.Clifford, Esq. Clifford LawOffi Hon. Alfred A.Burka JamesR.Bartimus,Esq. Robertson Bartimus, Frickleton, Darrell L.Barger, Esq. LLP &Kern, Hartline, Dacus,Barger, Dreyer ADVISORY COUNCIL aum, Esq. et al. ces, P.C.

et al.

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Krist Law Firm, P.C. Offi ce of Administrative Hearing In Honor of Hon. Scott Jordan Ron Krist, Esq. Claudine Williams Judges, Masters and Staff of the The Williams Foundation 2nd Judicial District DONATE ConocoPhillips Family Court Clyde W. Lea, Esq. NEW YORK James W. Quinn, Esq. ONLINE! 37 The Molasky Companies In Honor of Weil, Gotshal & Manges, LLP Irwin A. Molasky Hon. Ken M. Kawaichi TEXAS Fulbright & Jaworski, LLP Hon. Felicia Orth Give to NJC Akin, Gump, Strauss, Hauer D.D. Oldham, Esq. Hon. Richard Savell & Feld, LLP safely and Haggard, Parks, Haggard WASHINGTON In Honor of & Bologna, P.A. securely using William H. Neukom, Esq. Hon. Keith J. Leenhouts Robert L. Parks, Esq. Preston, Gates & Ellis Mary B. Siebers your credit card Robert D. Parrillo, Esq. Hon. Filis Otto In Honor of Quinlan & Carroll WISCONSIN Charles W. Matthews, Jr., Esq. As easy as 1, 2, 3 … Hon. William R. Quinlan Ronald Hofer Burlington Resources, Inc. The Hartford Companies Edward S. Sledge James E. Coleman, Jr., Esq. Marsha J. Rabiteau, Esq. McDowell, Knight, Roedder 1. Visit our website & Sledge In Honor of McDowell Knight Roedder Dennis R. Suplee Hon. Henry V. Pennington at www.judges. & Sledge Schnader, Harrison, Segal Joseph Trotter Edward S. Sledge, Esq. & Lewis LLP org/donate. Schnader, Harrison, Segal Claudine Williams In Honor of & Lewis LLP The Williams Foundation Joseph Sawyer Dennis R. Suplee, Esq. Williams Montgomery & John Ltd. Hon. Barbara Arnold Harcourt 2. Choose the Tekell, Book, Matthews FOUNDATIONS & Limmer, LLP In Honor of M. R. Bauer Foundation program you Kenneth Tekell, Esq. Hon. B.B. and Estella Schraub The E. L. Cord Foundation Hon. Robert T. Pfeuffer would like to Gabelli Foundation, Inc. NATIONAL ASSOCIATES Robert Z. Hawkins Foundation OF JUSTICE In Honor of Nancy Sommer support. Haynes and Boone Foundation GEORGIA Hon. Allen E. Sommer The Johnson Foundation Thomas William Malone, P.C. The North Carolina State Bar Plan MEMORIUM GIFTS ILLINOIS Donald W. Reynolds Foundation In Memory of Gilbert Tavizon 3. Enter your Patrick E. Maloney, Esq. The South Carolina Bar Pechanga Gaming Commission Tressler, Soderstrom, Foundation donation Maloney & Priess The Thomas Foundation In Memory of Gordon E. White The USAA Foundation, MICHIGAN Hon. Douglas G. White information. A Charitable Trust Hon. Stephen B. Goldstein Webster Family Charitable Fund In Memory of James A. Wynn NEVADA NJC is committed to Jerome A. Yavitz Charitable Hon. Robert C. Hunter John R. Gibson Foundation, Inc. protecting your privacy. American Pacifi c Corporation In Memory of Our giving site uses Edward M. Bernstein, Esq., HONORARIUM GIFTS Hon. John W. Barrett Edward M. Bernstein VeriSign® to secure your In Honor of Jones Vargas & Associates Hon. Justice Deborah A. Agosti information. Dr. Dan W. Bolton III Justice Cameron M. Batjer In Memory of IN POINTCASE · WINTER/SPRING 2005 William J. Brunson, Esq. Hon. John J. Kelly, Jr. The National Judicial College In Honor of Rudolph Arkin Kevin R. Kelly, Esq. Pauline Collins Hon. Angela R. Arkin Collins Brothers Corporation David Z. Chesnoff, Esq. In Honor of David Z. Chesnoff, Chtd. Hon. Laurance Hyde, Jr. Howard Ecker, Esq. Mr. and Ecker and Kainen, Chtd. Mrs. Louis W. McHardy, Sr. Frank J. Fertitta C. S. Hunterton, Esq. In Honor of Hunterton & Associates Hon. Laurance Hyde, Jr. Dennis B. Jones and Carol Mousel The National Judicial College Hon. Procter Hug, Jr. Ronald and Susan Krump and Barbara Hug Phyllis McGuire Irwin A. Molasky In Honor of Verdene Johnson The Molasky Companies Hon. Courtenay W. Hall Ethel Morvay Hon. David Schreiber NONPROFIT ORG. Winter/Spring 2005 U.S. POSTAGE PAID PERMIT NO. 216 CASE RENO, NEVADA Judicial College Building/MS 358 IN University of Nevada, Reno Point Reno, Nevada 89557 Plan Early! View the 2006 Course Schedule online at www.judges.org.

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