THE U.S. DIstRICT COURT OF OREGON HIstORICAL SOCIETY NEWSLEttER Judicial investiture Judge Michael McShane: A Formal Welcome By Adair Law lthough Monday April 21, 2014 was a gray, that Judge McShane first came to Portland as a overcast day in Eugene, a kilted bagpiper member of the Jesuit Volunteer Corps to live in Apracticing outside the Wayne L. Morse community and serve the poor. Senator Wyden Courthouse in the mid afternoon hinted that this spoke of Judge McShane’s professionalism, objec- not an ordinary Monday. After passing through tivity, and fairness, noting that no one was more the courthouse’s security, members of the Eugene prepared for this moment. Audience members and Oregon legal community followed the sound knew that Senator Wyden was referring not just of the bagpipes to the formal investiture of Judge to Judge McShane’s investiture but to the case he Michael McShane, the District Court of Oregon’s would begin hearing on April 23, a legal chal- 29th federal and first openly gay judge. The event lenge to Oregon’s constitutional ban on same-sex took place in the wood-paneled ceremonial court- marriage. In his remarks, Representative DeFazio room and overflowed into an adjoining courtroom quoted from Nelson Mandela’s first court state- equipped with a video link up. Confirmed as a ment in 1962: “In its proper meaning equality judge on May 20, 2013, Judge McShane started before the law means the right to participate in the his new job in Eugene on June 3, 2013 with full making of the laws by which one is governed….” powers. This solemn, friendly and often humor- Jolie Russo, president of the Oregon chapter of the ous ceremony confers the authority and symbols Continue on page 5 of high office on the judge, and gives friends and colleagues a chance to speak of the judge’s quali- fications and poke fun, while formally welcoming the new judge to the court. It was a large welcoming committee. United States Senators Ron Wyden and Jeff Merkley and U.S. Rep. Peter DeFazio were there. Mem- bers of Oregon’s federal bench who attended the proceedings included Chief Judge Ann Aiken, District Court Judges Anna Brown, Marco Her- nandez, Michael Mosman and Michael Simon; Senior Ninth Circuit Judge Edward Leavy; U.S. Bankruptcy Judge Randall Dunn; and Magistrate Judges John Acosta, Mark Clarke, Tom Coffin, and Patricia Sullivan. There were also a large number of state circuit court judges in attendance. Chief Judge Aiken thanked them for their attendance, noting that they did the emergency work of the Chief Judge Ann Aiken swearing in Judge judicial system. Michael McShane. (Photo courtesy of Paul Carter/ Senator Merkley shared with those assembled Register Guard) Spring 2014 1 University of President’s Message Washington and from This issue of the newsletter contains the sweep of 140 years the Harvard of northwest history, from the 1874 posting of Civil War vet- School of eran Joseph Sladen (who later served as Clerk of the District L aw (w it h Court of Oregon) at Fort Vancouver to the investiture of Judge honors) Michael McShane. In between we have a visit from our most before he recently appointed Supreme Court Justice, Oregon judges came back to receiving honors, and an article based on the oral history of a work as an path-breaking Oregon female trial attorney. attorney for Jan Dysart at the Even with the swath of history the U.S. District Court of the BPA in 2012 annual picnic Oregon Historical Society covers, we still have an event that 1949. George would be recognizable to Capt. Joseph Sladen—a country picnic. On and Jan married in June 1951 and Sunday, August 3 we will enjoy a picnic at the Leavy Family hop farm. they raised three sons, Scott, Donald The focus of our picnic is also something that would likely receive Captain and John. Sladen’s approval, honoring the staff of the U.S. Courts in Oregon. The In 1969 George Dysart brought the appearance of the band China Watch with court staff members Houston legal case United States v. Oregon, Bolles and Rick Galarneau might surprise Captain Sladen, but what’s a in which U.S. District Judge Robert picnic without a few surprises? Belloni of Portland ruled Columbia I hope that you will take this opportunity to enjoy a beautiful day, good River tribes have special fishing rights food, excellent colleagues and friends at the Leavy family hop farm in the because of 1855 treaties with the U.S. shade of some stately oaks. One lifetime member we will miss is Jan Dysart, government. That case led to the land- who passed away in December 2013. Her face, which usually carried an mark 1974 ruling, in United States v. expression of amused intelligence, was one we enjoyed seeing at our Famous Washington, in which U.S. District Cases presentations, picnics, and annual dinners. We are appreciative that Judge George Boldt of Seattle ruled that the Society has received her husband George Dysart’s archives. salmon harvests should be split 50/50 I especially want to welcome and acknowledge the commitment of our between tribes and others, including new Board members—Ryan Des Jardins, Alyssa Engelberg, Molly Honoré, sport and commercial fisherman. Tom Kranovich, Salumeh Loesch, Scott McCurdy, Stephen Raher, Jordan George Dysart was a founding Schnitzer, and Tanner Webber—who started their two-year terms in January. member of USDCHS. After his death, Finally, I’m pleased to announce that Oregon’s Federal Public Defender Jan continued attending every annual Steven T. Wax will be the recipient of our Lifetime Service Award this year. picnic, annual dinner, and most We will honor him at our annual meeting on November 6 at the Sentinel Famous Cases presentations, just as Hotel. Please mark your calendars. she had before. For Jan, there was Do not wait—mark your calendars now. Annual Picnic: Sunday, August nothing quite so interesting as other 3, 2014. Annual Dinner: Thursday, November 6, 2014. And right around people. With a quick smile and a nice the corner, the Bench & Bar Social: Thursday, June 26, 2014. I look for- laugh, she could talk to anyone. She ward to seeing you there. And be sure to check out our reinvigorated web was one of those people who had a site at usdchs.org. nice way of drawing other people out. – Steven Joncus Through George’s work on the Indian treaty fishing rights cases, he and Jan were frequent guests at gath- Remembering Jan Dysart erings at the Warm Springs Reser- By John Stephens and Adair Law vation. Jan was a big fan of Oregon uanita Dysart, known to everyone Bennett. She graduated from Corval- State baseball, the Boston Red Sox, Jas Jan, died December 15, 2013. lis High School in 1944 and attended and needless to say—Jacoby Ellsbury. Jan was the wife of George Dysart, Oregon State College. She met a young She was one of our remaining links the longtime General Counsel to the man from Centralia, Washington to the post-World War II period dur- U.S. Department of Interior in Port- named George Dysart who served ing which the federal court and the land, who died in 2002. Jan was born with the U.S. Marines in the Pacific in practice of law in Oregon became in Corvallis in 1926 to Lee and Opal World War II. He graduated from the “modern.” 2 U.S. District Court of Oregon Historical Society Waiting for the ceremony to start: Senator Jeff Merkley, Judge Marco Hernandez, Chief Judge Ann Aiken, Senator Ron Wyden, with Judges Michael McShane, Michael Simon, and Anna Brown. (Photo taken by Lisa Rockower) Right photo: Judge Michael McShane is helped with his judicial robes by his sons, Trevor Nyce, 13, and Brandon McShane, 20. Looking on, at right is McShane’s domestic partner, Gregory Ford. (Photo courtesy of Paul Carter/Register Guard) then took the podium and showed his noting that she lives by a simple phi- Judge McShane own sense of humor by reading from losophy, serve others. He extended his continued from page 1 congratulatory emails he received thanks to President Barack Obama for Federal Bar Association and a Lewis from a Kennewick High School ’79 nominating him. He thanked Senators & Clark Law School classmate of classmate, a young man he sentenced, Wyden and Merkley for their kind- Judge McShane’s, noted that among and from Judge Bergstrom. The emails ness during the confirmation process his other qualities, he is “courageous, were very funny and all shared a and the senior judges for not dumping independent, willing to make unpopu- similar sense of surprise that he was their worst cases on him. Chief Judge lar decisions.” now a federal judge. In a more seri- Aiken closed the event and the crowd Multnomah County Circuit Court ous vein, Judge McShane thanked his adjourned to the jury assembly room Judge Eric Bergstrom, a friend and mother, who was at the investiture, for a reception. colleague from Judge McShane’s years on the Multnomah County Circuit Court, noted that he was honored MARK YOUR CALENDAR “and a little surprised to be here.” THURSDAY, JUNE 26 Known for his sense of humor, Judge Bergstrom asked the audience: What is 12:30-4:00 the difference between God and a fed- Federal Practice & Procedure for eral judge? Answer: God doesn’t think Summer Associates and Law Clerks he is a federal judge. Judge Bergstrom Mark O. Hatfield United States Courthouse then noted that, of course, God didn’t 1000 S.W.