June/July/Aug. 2020 www.federalbarcouncil.org Vol. XXVII, No. 4 In This Issue: From the Editor ................................................................................................................................................ 2 Bennette D. Kramer recently spoke with Sheila S. Boston, the newly inducted president of the Association of the Bar of the City of New York, about some of her goals as president of the City Bar and her view of the current pandemic of racism, the antiracism movement, and a range of other topics. Personal Reflections ......................................................................................................................................... 6 In one of the longest and most in-depth articles ever to appear in the Federal Bar Council Quarterly, Pete Eikenberry and Anna Stowe DeNicola celebrate Judge Robert Katzmann’s tenure as Chief Judge of the Second Circuit. Speaking with more than 20 judges, court staff members, and law school deans, the not-to-be-missed article, “The Remarkable Seven-Year Tenure of Chief Judge Robert Katzmann,” reflects on Judge Katzmann’s background, judicial career, and involvements before and during his tenure as chief judge. From the Bench .............................................................................................................................................. 20 The newest member of the Board of Editors of the Federal Bar Council Quarterly, U.S. Magistrate Judge Sarah L. Cave, is the author of the next article in this issue, “The Impact of COVID-19 on Federal Court Proceedings.” Here, Magistrate Judge Cave discusses how the COVID-19 pandemic has affected federal court litigation in the Second Circuit and how the courts in the Second Circuit have responded. In the Courts ................................................................................................................................................... 25 U.S. Magistrate Judge Lisa Margaret Smith writes about U.S. District Judge Philip M. Halpern of the Southern District of New York, who was confirmed by the U.S. Senate on February 12, 2020 and who was sworn in, quietly, on March 10, 2020 by Chief Judge Colleen McMahon. Legal History .................................................................................................................................................. 26 In his new legal history article for the Federal Bar Council Quarterly, entitled, “The Most Publicized Trial in History, and the Case with Perhaps the Most Legal Errors,” C. Evan Stewart reviews the trial of O.J. Simpson, which took place 25 years ago. He discusses errors by the prosecution and the trial judge, as well as the evidence of Simpson’s guilt. The Interview ................................................................................................................................................. 32 Joseph J. Ellis is a historian and author of books on the American Revolutionary era. This article results from a conversation Ellis had recently with Joseph A. Marutollo for the Federal Bar Council Quarterly about Ellis’ scholarship, his writing, and his insights for lawyers. We invite you to connect with us on LinkedIn. Federal Bar Council Quarterly June/July/Aug. 2020 2 From the Editor president of the City Bar and her to as many people as she can and view of the current pandemic of appearing on as many panels as A Chat with Sheila racism, the antiracism movement, possible to discuss the issues. and a range of other topics. Sheila is heartened because Boston, the New City It is my personal opinion, the marches look different Bar President shared by many, I believe, that from earlier marches and Sheila has become president demonstrations. The marchers By Bennette D. Kramer of the City Bar at a time she is are much more racially diverse desperately needed. Sheila has and younger, and broad coalitions long been an active proponent of appear to be building bridges for diversity in law school, her law future progress. The country is firm, and in the legal community, at a crossroads facing the truth including the Federal Bar and consequences of the violence Council. She is a woman of against people of color. The color stepping in to lead a major diverse group of marchers and bar association at a time that the other supporters are horrified by country is in urgent need of real black people getting killed or diversity, understanding, and targeted, and there appears to be sharing of goals to ameliorate a different momentum now. It a racial divide that is separating was necessary for a cataclysmic On June 6, shortly after the the country. Her mere presence event like the murder of George beginning of the demonstrations at the helm of the City Bar will Floyd to occur for people to protesting the death of George send a strong signal and create come together and coalesce in Floyd, I spoke to Sheila S. the image necessary to influence an organized manner. People are Boston, the newly inducted people’s acceptance of diversity. risking their health to take to the president of the Association of streets in a health pandemic. the Bar of the City of New York. The Pandemic of Racism Sheila said that she is Sheila is the first woman of color talking with different people to become president of the City Sheila said that she is trying and organizations. She is trying Bar. She has long been active to be positive during this difficult to listen and collect information in the Federal Bar Council and time. The coronavirus pandemic from many different voices. has been hard for her and her As a lawyer, she looks at currently serves as chairperson family. She has lost friends and policies and regulations and of the Federal Bar Council board. family members. However, she collects information to develop She also has served as treasurer sees a ray of hope in the honest best practices for her firm, and vice president of the Federal discourse that is arising from organizations, and her church. Bar Council and as treasurer of the demonstrations and the She has ideas but values the need the Federal Bar Foundation, the movement. We need open and to talk and learn from others. 501(c)(3) corporation founded honest discussions during this As president of the City Bar, in 1964 that funds many of the pandemic of racism. She said Sheila has set goals in connection Council’s activities. Sheila was that people of color will not keep with criminal justice and social president of the Council’s Inn suffering in silence, experiencing justice. She sees the need for of Court in 2014-2015. She is racism and abuse, and that people police reform and to address a partner at Arnold & Porter can no longer deny the racism and law enforcement issues, but Kaye Scholer LLP. Sheila and I police violence against people of at the same time to encourage talked about some of her goals as color. Sheila said that she is talking good officers and get them to 3 June/July/Aug. 2020 Federal Bar Council Quarterly participate in this endeavor. She • Mental health and wellness; mass incarceration. Nonetheless, has police officers in her family • Access to justice; it is an important issue. There is and knows that reform is needed. so much evidence for the need • Diversity, equity, and Her son is a corrections officer, for reform. She said that our inclusion; and her husband is a former state legal community has some of the police officer. • Criminal justice reform; and finest minds and should be able • Protection of the rule of law. to address the subject in a logical Initiatives and effective way. Sheila said that she spent the When Sheila was first nominated, she did not accept it In her speech as she was shortest time on criminal justice right away. She is the mother of inducted as president of the City reform in her speech because she young adults and has obligations Bar, Sheila outlined six categories did not believe she had to say to them. They need her as they of initiatives that she wants to too much about it. She did not begin their careers and choose pursue during her term: want to insult the intelligence of life partners. She also has a busy her audience because there have practice, is in the middle of her • COVID-19 recovery; been so many statistics about career, and is involved in several different bar associations. She talked, prayed, and thought. She spoke to her family and they agreed, particularly her brother with whom she shares care of her mother. Everyone was supportive, including management at her law firm, and agreed that accepting the nomination was what she should do. Sheila has a long commitment to justice and the rule of law, including racial equality. So, she accepted. Sheila told the story of her attendance at the living former presidents’ dinner, which took place after she accepted the nomination but before she was inducted. She walked into the City Bar’s main hall. She was used to being greeted by staff who know her, but there was a young man sitting there who looked new. When she approached him, he said that there was not much going on that evening. She said that she was there for the presidents’ dinner. He looked puzzled. Then, Shelia Boston a dear friend who was part of the Federal Bar Council Quarterly June/July/Aug. 2020 4 City Bar security team told the was a complicated and convoluted of women partners. The white young man that Sheila belonged moment of intersectionality. female interviewer from Kaye in the room with the presidents. Sheila reiterated that imagery Scholer – unlike other interviewers It had never occurred to the and representation are important – was not caught off guard or young man who was a person of and impact both the way we see embarrassed at all. In fact, she was color himself that a black woman ourselves and how the world fantastic. She gave good answers belonged in the room. Sheila said sees us. When a great lawyer is to Sheila and said she wanted that this incident shows us why described, the image of a white to work with Sheila to improve imagery and representation are so male typically appears.