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. CASE IN POINT the 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 POINT · Winter/Spring 2005 CASE IN POINT 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 President’s Column Hon. William F. dressel 2 t is appropriate at this time of the year to look back numerous on-site and in-country international programs, Iand refl ect on the accomplishments of the past year (2) the traditional faculty development and new distance as well as focus on the challenges of the future. learning workshops, (3) conferences for judicial enti- 2004 was a year of many accomplishments as the staff of ties, and (4) a variety of academic offerings specifi cally NJC worked diligently to achieve the goals of NJC’s strate- designed for agencies, courts or other judicial entities. It is gic plan. NJC’s residential courses were well attended and truly gratifying what a dedicated and competent staff of 44 received extremely positive evaluations people can accomplish! from the attendees. The Seminar Series While we are looking forward to the was launched to provide a slightly dif- beginning of our 2005 courses, work ferent learning experience in desirable is almost complete on the 2006 aca- locations around the country. demic calendar and it won’t be long About fi ve years ago, the NJC cre- until your education plans can be ated two centers to provide unique made for 2006. services. The National Tribal Judicial Many non-profi t entities across the Center was created to serve the needs United States are facing challenging of the tribal courts. It has developed fi scal times subsequent to 9/11 and invaluable courses and training for the decline in the economy. I want to those the judiciary who work to bring thank the many friends and support- justice to members of their tribes. Also, ers of NJC who have stood shoulder the Bureau of Justice Assistance cre- to shoulder with us as we sought the ated a consortium of service providers resources to support the work of the (under the able leadership of Judge B.J. College. In this issue you will fi nd the Jones, of the Tribal Judicial Institute) to names of donors who through their be a resource to tribal courts receiving contributions have made the goal of federal grants. The NJC is proud to be serving justice through judicial educa- a member of the TCAP coalition. tion a reality. The Board of Trustees, in The Reynolds National Center for addition to their outstanding leader- the Courts and Media reached a milestone in its existence ship, has once again come together with 100 percent with its original oversight entities ending their service of the trustees making donations to support education and a new National Advisory Council created to carry opportunities for judges. You may be assured that the on the excellent work of the original Governing Board resources we receive are used wisely to support the ollege c and Advisory Committee. You will hear more about these achievement of NJC’s mission: “Providing leadership in outstanding volunteers in a future issue of Case In Point. achieving justice through quality judicial education and In recognition of the outstanding accomplishments of collegial dialogue.” the Reynolds National Center for Courts and Media, the While the future is positive, the efforts to provide udicial udicial Donald W. Reynolds Foundation gave three new grants to resources to meet the educational needs of the judiciary j the Center which will support in-state symposiums bring- remain challenging. I want to thank each and every one of ing together judges and journalists, a national conference you who help us acquire the resources to ensure that NJC on cameras in the courtroom and assistance for operations. remains an outstanding national judicial training center. ational It is amazing to realize that in addition to these I and the other members of the NJC staff look forward to n accomplishments, the staff also created and presented (1) serving you in 2005.