SUMMER/FALL 2006 JUDICIAL VIOLENCE Tipping the Scales Tribal Courses Deliver Impact Maryland’s Technology Court The Complex Litigation Puzzle Family of Judges: It’s in Their Blood CASE IN POINT Vol. 5, No. 2, Summer/Fall 2006 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 reflect the official 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 Reno, NV 89557 Editorial Team (800) 25-JUDGE (800-255-8343) From left to right: Fax: (775) 327-2167 Trace Robbers, Director of Communications www.judges.org Christina Nellemann, Graphic Designer EXECUTIVE OFFICE Heather Singer, Communications Specialist Hon. William F. Dressel, President Nancy Copfer, Scholarship Officer EXECUTIVE EDITOR Trace Robbers 2007 Courses Offered on Campus, Online and Around the Nation (775) 784-6747 email: [email protected] eeting the educational and professional development needs NJC BOARD OF TRUSTEES of the judiciary is the key focus for the NJC’s staff and Justice Carl O. Bradford, Chair, Portland, ME Thomas M. Susman, Esq., Chair-Elect, Washington, D.C. faculty – and we believe we do it better than anyone. Now Hon. Deborah A. Agosti, Ret., Secretary, Carson City, NV entering our 44th year of service, we are committed to Oliver C. Mitchell, Jr., Esq., Treasurer, Roseland, NJ Mproviding a dynamic curriculum leading to an enhanced understanding of the Brian A. Larson, Esq., Immediate Past Chair, Las Vegas, NV complexities of the rule of law. The College’s 2007 course schedule provides Marybel Batjer, Las Vegas, NV Hon. Elihu M. Berle, Los Angeles, CA an innovative menu of more than 70 courses and programs aimed at improv- Michael L. Buenger, Esq., Jefferson City, MO ing judicial proficiency and competency. Each year, we educate more than Hon.Tyrone T. Butler, Washington, D.C. 3,000 judges from around the country and the world, and with our expanded Frederick P. Furth, Esq., Healdsburg, CA offerings on campus, online and at various locations across the nation, taking Thomas V. Girardi, Esq., Los Angeles, CA a course from us has never been easier. Hon. Procter R. Hug, Jr., Reno, NV Gary N. Jacobs, Esq., Las Vegas, NV As the year draws to a close, we once again thank the College’s many part- Richard Morgan, Esq., Las Vegas, NV ners who have supported our efforts nationwide. Individuals and corporations Hon. Denette “Dennie” Mouser, Bentonville, AR that have donated to the NJC are profiled in our annual donor section, and we Hon. James M. Riehl, Port Orchard, WA thank them for their continued support. The NJC also greatly appreciates the Hon. Frederic B. Rodgers, Golden, CO Richard Willard, Esq., McLean, VA assistance of our sponsors, LexisNexis®, ExhibitOne®, and CourtCall® for Saul A. Wolfe, Esq., Livingston, NJ their generous support of our programs and services, and for their sponsor- FACULTY COUNCIL ship of this issue of Case In Point. Hon. Ken Kawaichi, Chair, San Francisco, CA A special note of thanks goes out to Nancy Copfer, NJC scholarship BOARD OF VISITORS officer, who is celebrating 25 years of service at the College. Her dedication, Michael DeMarco, Esq., Chair, Boston, MA insight and commitment to her work are benchmarks for which all of us here CHAIR EMERITUS Walter H. Beckham, Jr., Esq., Miami, FL at the College can strive. Thanks also to the editorial team of Christina Nel- Hon. B.B. Schraub, Seguin, TX lemann and Heather Singer for writing, editing and designing this outstanding PHOTOGRAPHY issue. We look forward to seeing you at the NJC in 2007. Jeff Ross Photography Stuart Murtland Photography Heather Singer, The National Judicial College Thanks for reading. summer/fall 2006 DESIGN & PRODUCTION Christina Nellemann, The National Judicial College A. Carlisle & Co. Printing, Reno, NV Trace Robbers Director of Communications C o n t e n tVol.5, s No.2 1 Judicial Violence: Tipping the Scales By Gary Hengstler, Director, Donald W. Reynolds National Center for Courts and Media 3 A look at recent, and seemingly escalating, violence toward judges and their families. Threats to Judges – and Their Independence – Mount From USA TODAY, a division of Gannett Co., Inc. 6 The assault on judges is threatening to unravel our nation’s balance of -ARYLANDSpower, and the right of those judges to make a fair decision. ฀ ฀Maryland’s Ground-Breaking Technology Court ฀By Judyth Pendell, Senior Fellow, AEI-Brookings Joint Center for Regulatory Studies The Maryland legislature and judiciary have created the nation’s 12 first Business and Technology Case Management Program to simplify and organize Maryland’s courts. 2 President’s Column 5 Justice From Coast to Coast: 2007 Seminar Series 7 Silver State Schools Credit Union / Tribal Symposium 8 Treasure Chest of Knowledge: Judge James Richards 9 Reinforcing Aggression: The True Cause of Dog Maulings 10 Justice: It’s in Their Blood 11 NJC Year End Giving Campaign 14 Michael Pope to Help Honor Judges 16 The Complex Litigation Puzzle 19 A Fresh Perspective CASE IN POINT · SUMMER/FALL 2006 20 NAALJ 2006 Conference Wrap-Up: Seattle 20 Villains Campaign Captures the 2006 Spotlight 21 University Inn Closing / Knowledge and Experience 22 Back on TRAC Update 23 Pacific Islands Program 24 What is the Future of the Judiciary?: 116th Jackson Lecture 25 Constitution Day Lecture / Brave New World: 115th Jackson Lecture 26 Going the Distance 27 Faculty Focus / NJC Course Spotlight DEPARTMENTS 28 2007 Courses 29 NJC Press c o n t e n t s 30 NJC Press Book Order Form 31 Benchmarks 32 Faculty & Staff 33 Giving News 34 Board of Trustees 35 Donors President’s Column Hon. William F. dressel 2 ot many people these of the lack of security at our court- days remember the houses, but for many it was just a sad NPosse Comitatus, Free- reminder of the potential for violence. men, or Constitutionalists. They were We are making progress nation- groups who, about a decade ago, wide to advance the cause for judicial targeted judges across America with safety and independence, albeit not harassment and threats of violence fast enough. Sen. Harry Reid (D-Nev.) because they disagreed with their has pursued an amendment to the decisions. I remember them well, Defense Authorization Bill (the Court because in the early 1990’s, they tar- Security Improvement Act) which geted me based on Federal Land Bank would strengthen and expand the foreclosure cases I handled as a judge protection of judges, prosecutors, in the State of Colorado. witnesses, victims, and citizens across The first inkling I had of what the country who go to a courthouse was to come was when my bank ran a seeking fair and impartial justice. The credit update revealing thousands of amendment would authorize federal dollars in liens had been filed against financial support for state courts to me. After the Colorado attorney improve security, all the more impor- general obtained an order declaring Fair and tant given what happened to Judge the liens to be invalid, an involuntary Impartial Weller. bankruptcy petition was filed against Those who work for the justice me which was also subsequently Justice system know the importance of a dismissed. Next, a warrant was issued forum that is accessible to all citi- for my arrest (along with several other Today, these movements are no zens. Courts are an essential part, not public officials) and I was advised by longer actively threatening judges, just of our justice system, but of our law enforcement that my personal but sadly, threats to judges, to court- system of government as a whole, o l l e g e safety was at risk since these indi- and it is essential that they be safe. c houses, and to those who use our viduals were believed to be armed justice system still exist. Everyone – lawyer, judge, victim, or and dangerous. I was briefed on how Recently, a horrible event in accused – must be able to participate best to provide for my personal safety in our justice system freely and fairly. u d i c i a l Nevada made news across the coun- j and that of my family. Eventually, law try. Reno Family Court Judge Chuck It is part of what makes America great. enforcement apprehended the indi- Weller was shot through a window viduals involved in this movement at while standing in his office. For most a t i o n a l a remote site on the Colorado/Wyo- people it was a shocking revelation n ming border. h e t he normal tranquility of By Gary Hengstler, Director, • Out of 854,083 screenings at refl ective discussion at The Donald W. Reynolds National the courthouse in 2005, 15,000 National Judicial College in Center for Courts and Media knives, two guns and about 3,000 T Reno, Nev., abruptly gave other potential weapons were way to anxiety June 13, 2006, as found. 3 police guarded the front and rear • In at least 20 instances since entrances to the College and the 2000, individuals had to be bass drumbeat of helicopter blades removed from the courthouse crisscrossed the skies over the because of safety concerns.