Hon. Juan R. Torruella
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IN MEMORIAM Hon. Juan R. Torruella "Judge Torruella’s embodiment of the figure of a judge was, however, most evident in his unwavering commitment to the Judiciary’s role in ensuring that the interest of justice was duly served." - William A. Sewell-Fernández SPRING 2021 | ISSUE NO. 59 SPRING 2021 | ISSUE NO. Index Editor’s Committee Message pg.2 Clerks Tidings pg.9 President’s Message pg.3 Commentary: What’s taking up so long for judges to rule? pg.13 Upcoming Events pg.3 FBA Student Chapters pg.15 Torruella: unclassifiable hero pg.4 FBA’s Federal Bar Review Course pg.16 In Honor of My Mentor pg.5 President Blurbs of Past Activities pg.18 Note on Judge Juan R. Torruella pg.5 Joseph G. Feldstein-Del Valle The Judge: a peek from the inside pg.6 President Elect Linette Figueroa-Torres Judge Torruella: A legacy of commitment to justice pg.8 Vice President Diana Pérez-Seda National Delegate Sarika Angulo-Velázquez Secretary Message from the Editor’s Committee Jaime Torrens-Dávila Treasurer Juan R. Rivera-Font Directors Roberto Abesada-Agüet Cristina Caraballo-Colón Alfonso Pérez-Díaz Sarika J. Angulo-Velázquez Zarel Soto-Acabá Linette Figueroa-Torres Cecilia M. Suau-Badia Cecilia M. Suau-Badía Carolina Velaz-Rivero With this issue we commemorate the most be remembered as our esteemed Honorable Judge Juan R. Torruella friend, mentor, and colleague. Today Immediate Past President (1933-2020). In honor of Judge Torru- we celebrate him. Natalia Morales-Echeverría ella, we look back to his legacy and remember with great appreciation his In this issue you will find articles writ- unconditional help to the Hon. Ray- ten by former law clerks who had the Copyright ©2021 by the Federal Bar Association, Honorable Raymond L. Acosta mond L. Acosta PR Chapter of the Fed- privilege of working with Judge Tor- Puerto Rico Chapter. eral Bar Association. ruella during his tenure. We particu- The contents of From the Bar may not be larly thank Ricardo F. Casellas, Néstor reproduced without the express written As you may already know, Judge Tor- Méndez, Margarita Mercado, Jacabed consent of the author. This newsletter is intended for information only ruella was nominated by President Rodríguez, and William Sewell for mak- and is not to be considered legal advice. Gerald Ford and appointed as United ing this issue possible. We also thank The views ex pressed by counsel in the articles published herein are entirely States district judge in 1974. He then María Antongiorgi, Esq., Clerk of Court, theirs and not of the Chapter or the served as chief judge of this Court from for her contribution to this issue and editorial board. 1983 to 1984. In 1984, President Ron- look forward to learning more about Editor’s Committee ald Regan nominated him to the Unit- the inner-workings of her office. ed States Court of Appeals for the First Sarika J. Angulo-Velázquez [email protected] Circuit where he served for thirty-eight We hope you enjoy this issue of years, and as its chief judge from 1994 From the Bar as much as we en- Linette Figueroa-Torres to 2001. Despite reaching retirement joyed putting it together and invite [email protected] age two decades ago, Judge Torruella you to submit your articles or notes Cecilia M. Suau-Badía remained active on the bench without for publication in upcoming issues by [email protected] diminishing his workload. An accom- e-mail to: [email protected]; Requests for additional copies, plished lawyer, scholar, writer, and [email protected]; [email protected]. submissions, or address updates should be directed to the Editor’s Committee. Olympian, Judge Torruella will fore- 2 President’s Message My Fellow FBA-PR Chapter members: passing of the Hon. Juan R. Torruel- la, for whom this edition of From the From hurricanes and civil unrest to Bar is dedicated to. And most recent- pandemic year-long lockdowns, a lot ly, we grieved the sad passing of the has happened since our last From the Hon. Juan Pérez-Giménez who will be Bar edition. The world had to quickly duly honored by the FBA-PR. To those adapt to a new way of life; our noble who have been personally affected by profession, as well. Change came COVID-19, be it professionally or by without warning and decades of ways way of sickness or loss of someone of doing business and work routines near and dear, know that the Chapter were upended and had to be re-in- grieves with you and is here for you. vented overnight. Words like “VTC”, “Zoom”, “Skype” and “remote” be- Nevertheless, seasons change, and came part of our daily vocabulary. This we carry on knowing that we are was no different for the Hon. Raymond here for each other in good times and L. Acosta Chapter. After Hurricane in bad times. I am extremely grate- María, we focused on revamping in- ful to preside over such a commit- ternally. But, when we finally gained ted and engaged Board that takes the momentum we were after, the time out of their busy schedules to pandemic came about and threw the serve our membership. I know that proverbial wrench in our wheels caus- the FBA-PR’s future will be a bright ing us to re-envision the way we en- one as it is entrusted in their hands. gage with our membership. Thankful- ly, using our new vernacular, we have Cordially, been able to stay relevant via Zoom! Joseph G. Feldstein The year 2020 came at a great cost President for all. Our Chapter had two significant Hon. Raymond L. Acosta Chapter losses that year. First, we mourned the Federal Bar Association Upcoming Events Local National • Conference in memoriam of Judge Juan M. • Indian Law Conference (Virtual) Pérez-Giménez (Virtual) April 8-9 Date to be announced • Webinar: International Business • Webinar: Civility Transactions: A guide for the Practitioner Date to be announced April 21 • Webinar: Virtual Depositions • Art Law & Litigation Conference (Virtual) Date to be announced April 29-30 • Webinar: Child Pornography and Human • Webinar: Alternative Dispute Resolution Trafficking and Labor & Employment Law April 2021 May 19 • Webinar: Death Penalty Practice • 2021 FBA Annual Meeting & Convention Date to be announced (Miami, FL) • Conference on White Collar Practice (Virtual) September 23-25 Date to be announced • Judge Jay A. García – 20 Years on the Bench (Virtual) Date to be announced 3 Torruella: unclassifiable hero by Néstor M. Méndez “pro-statehood”, “sexist”, “feminist”, anyone else. His 2018 article in the “corrupt” and many other terms are Harvard Law Review, “Why Puerto used disparagingly and accusatorily to Rico Does Not Need Further Exper- dispose of contrary ideas in the easi- imentation With Its Future: a Reply to est way, without evaluation or study, the Notion of Territorial Federalism” is much less dialogue. Judge Juan R. an extraordinary historical-legal anal- Torruella Del Valle was the object of ysis that unmasks, with the honesty that dangerous tendency that tries to that characterized Judge Torruella, the restrict the essence of freedom: the political situation in Puerto Rico. Iron- right to believe, to speak and write and ically, said prestigious law review had even to vote, freely. Appointed to the provided the intellectual support for His figure was imposing. Tall,federal district court in Puerto Rico by the fateful Insular Cases. True to form, broad-shouldered, with the strong President Gerald Ford in the turbulent Judge Torruella went to the lion’s cave, body of an Olympian. His hands 1970s, during the movement to expel where the discriminatory concept of were huge. They called for order in the Navy from the Puerto Rico islands unincorporated territories was born, to his courtroom without the need for a of Culebra and Vieques, his pro-state- highlight that in the 21st Century Puer- gavel. His presence was intimidating hood and republican background -bad to Rico is, as he defined it in his 1988 not only because of his physique but words for some even today– were book: “Separate and Unequal.” also because of his apparently tough, used by those who disagreed with his direct character, with an intense gaze personal beliefs, to try to define him as Extremely strict and demanding in and strong voice. But his smile and fine a pro-American die-hard in the service court when I appeared before him, my humor revealed his great humanity, of the metropolis. Forty-six years lat- fondest memories of Judge Torruella despite his incredible discipline and er, he is recognized as a great Puerto are those when he became simply “Bil- intensity in everything he did. He did Rican patriot and defender of human lo” (his nickname to friends and family) not use his powerful hands to slam his rights and maybe our most internation- and after using his powerful hands to judicial bench or other human beings. ally recognized Olympic athlete, hav- warmly say hello and his strong voice He used them to prodigiously write ing received the Pierre de Coubertin to offer some fine humorous remarks, more than 2,000 judicial opinions, two medal and the Olympic Order. he would sit down with a guitar or man- books and dozens of articles on the dolin on his lap, strum its strings and most important issues of our times and Although his appointment as the first we would sing the best songs of our our lives: on the legal origin of Puerto Hispanic judge in a Federal Court of popular music in a fraternal bohemian Rico’s colonial condition from the Insu- Appeals is greatly emphasized (he was atmosphere.