University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Court Review: The Journal of the American Judges Association American Judges Association 2019 Court Review 55:2 (20190- Whole Issue Follow this and additional works at: https://digitalcommons.unl.edu/ajacourtreview This Article is brought to you for free and open access by the American Judges Association at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Court Review: The Journal of the American Judges Association by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Court ReviewVolume 55, Issue 2 T H E J O U R NAL O F THE AMERICAN JUDGES A S SOCIA TIO N T ABLE OF C O NTENTS EDITORS ARTICLES Professor Eve Brank University of Nebraska 56 Sniffer-dog Searches in the United States Judge David J. Dreyer Eve M. Brank, Jennifer L. Groscup, Emma Marshall & Lori Hoetger Marion Superior Court Indianapolis, IN Judge David Prince 62 Toward a Judiciary Both Independent and Accountable Colorado State District Court Robert H. Tembeckjian MANAGING EDITOR Charles F. Campbell National Center for State Courts 68 Responsibility, Respect, Temperance, and Honesty: Selected State EDITORIAL ASSISTANT Judicial Discipline Cases in 2018 Terra Garay Cynthia Gray EDITORIAL BOARD Kelly Lynn Anders Kansas City, Missouri DEPARTMENTS Chief Judge Karen Arnold-Burger Kansas Court of Appeals 50 Editor’s Note Pamela Casey, Ph.D. National Center for State Courts 51 President’s Column Judge B. Michael Dann National Institute of Justice 52 Thoughts from Canada Judge Julie Kunce Field Fort Collins, Colorado 79 Crossword Judge John Irwin Nebraska Court of Appeals 80 The Resource Page Judge Leslie G. Johnson American Institute for Justice Steven Lubet Northwestern University Judge Gregory E. Mize Washington, D.C. Elizabeth Neeley, Ph.D. University of Nebraska David Rottman, Ph.D. National Center for State Courts Professor Alan Tomkins University of Nebraska DESIGN Michael Fairchild m-Design Studio Court Review THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION Volume 55, Issue 2 2019 Court Review, the quarterly journal of the American EDITOR’S NOTE Judges Association, invites the submission of unso- n addition to our recurring columns, this issue focuses on odors and ethics. licited, original articles, essays, and book reviews. Court Review seeks to provide practical, useful information to We start with AJA president Robert Torres, Jr.’s final column as president the working judges of the United States and Canada. In Iproviding an informative overview of recent AJA accomplishments. Thank each issue, we hope to provide information that will be you, Judge Torres, for your past and future leadership and service to AJA. Next of use to judges in their everyday work, whether in high- we hear from our regular Canadian columnist, Judge Wayne Gorman. An inter- lighting new procedures or methods of trial, court, or case management, providing substantive information esting irony occurred in planning this issue. When we heard from Judge regarding an area of law likely to be encountered by Gorman that his column would address Canadian developments regarding many judges, or by providing background information searches using sniffer dogs, we learned that one of our editors, Prof. Eve Brank, (such as psychology or other social science research) that can be used by judges in their work. Guidelines for was working on an article addressing developments in the United States regard- the submission of manuscripts for Court Review are set ing sniffer dogs. Prof. Brank kindly accelerated her article so that we could pre- forth on page 61 of this issue. Court Review reserves the sent them as complementary pieces in this issue. Regardless of your legal right to edit, condense, or reject material submitted for system, you will find a review of the similarities and differences in the publication. approaches to these points of analysis pre- Advertising: Court Review accepts advertising for prod- sented by these two articles. Court ReviewVolume 55, Issue 2 ucts and services of interest to judges. For information, Next, we hear from Robert Tembeckjian, the THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION contact Shelley Rockwell at (757) 259-1841. administrator and counsel of the New York The cover piece was created by Frank Perez, a local State Commission on Judicial Conduct. Mr. Guam artist, and features the Guam Judicial Center. The Tembeckjian has decades of experience in judi- Judiciary is comprised of both the Superior Court of Guam and the Supreme Court of Guam. The Guam Judi- cial ethics and judicial disciplinary commis- cial Center was constructed in 1991 to accommodate the sions. He is one of the leading speakers on expansion of court operations, and the establishment of issues of judicial ethics. We asked Mr. Tem- specialty courts, as well as to meet the needs of Guam’s growing population. The Law of Sniffer-Dog Toward a Judiciary Both beckjian to share with you his observations Searches In Canada Independent and Accountable Sniffer-dog Searches Selected State Judicial and insights drawn from his decades of work in the United States Discipline Cases in 2018 ©2019, American Judges Association, printed in the United States. Court Review is published quarterly by with our peer judges and guarding the the American Judges Association (AJA). AJA members integrity of the judiciary. We think you will find the results fascinating. receive a subscription to Court Review. Non-member Speaking of judicial ethics, we asked our regular ethics columnist, Cynthia subscriptions are available for $35 per volume (four issues per volume). Subscriptions are terminable at the Gray, director of the Center for Judicial Ethics, to do something a little differ- end of any volume upon notice given to the publisher. ent for this issue. Many of our readers may not know that Ms. Gray provides a Prices are subject to change without notice. Second- regular service by reporting on judicial ethics decisions across the United class postage paid at Williamsburg, Virginia, and addi- tional mailing offices. Address all correspondence about States. We and many judges have found a regular review of her reports invalu- subscriptions, undeliverable copies, and change of able components of our learning how to be a judge and how to navigate the address to Association Services, National Center for critical ethical restrictions that preserve the credibility and integrity of the judi- State Courts, Williamsburg, Virginia 23185-4147. Points of view or opinions expressed in Court Review ciary. We asked Ms. Gray to depart from her usual topical column to give you are those of the authors and do not necessarily repre- a taste of this valuable resource she regularly provides outside the pages of sent the positions of the National Center for State Courts or the American Judges Association. ISSN: Court Review. Ms. Gray’s closing line says it beautifully, “Reading about others’ 0011-0647. missteps may help judges navigate ethically when almost everything they do has the potential for a cringe-worthy headline.” Readers dedicated to quality Cite as: 55 Ct. Rev. ___ (2019). professional judging will want to incorporate a review of these reports as part of their routine.—David Prince 50 Court Review - Volume 55 President’s Column Robert J. Torres, Jr. Dear colleagues and Court Review readers! Court Security committee, co-chaired by Eugene Lucci and This is the last column I will write as your president, and it Natalie Tyrell, are developing educational programs on personal has been an honor and a privilege to serve. Besides planning our judicial security and sovereign citizens issues for the 2020 well-renowned educational programs, over the past year, we Philadelphia conference. Jerrauld Jones, Tracy Brandeis-Roman, focused on strengthening our committees by keeping them and Mangesh Duggal of the Criminal and Juvenile Justice com- active and meeting regularly—whether in person at our confer- mittee are also working on topics for future conferences. The ences or through the numerous phone calls that spanned nine Diversity Committee, chaired by Yvette Alexander and Roxanne time zones and the International Date Line. We have been com- Song Ong, organized a presentation on Deliberative Decision mitted to bolstering membership while collaborating and part- Making that will be presented at the National Bar Association nering with other organizations to provide excellent educational Judicial Council meeting in July and at the AJA Annual Confer- opportunities. We continue to encourage diversity throughout ence in September. our organization, and offer wellness and judicial family support Another committee that has been active is our Membership to our members. Committee co-chaired by Judge Elliott Zide. The committee has In April, we wrapped up our midyear meeting in Savannah, launched a new membership development campaign with Georgia, where we partnered with the National Association of strategies for attracting new members, restoring dropped mem- Drug Court Professionals (NADCP) to provide bers, and reducing attrition of members. education sessions on Effective Judicial Practices We have much to look forward to with our and Court Interventions for Defendants with Sub- cross-cultural educational exchange to Cuba in stance Use Disorders and Therapeutic Jurispru- February 2020, the AJA 2020 midyear meeting in dence Initiatives. The NADCP’s Chief Executive Napa, the 2020 annual meeting in Philadelphia, Officer