www.fbamich.org FBAnewsletterWinter 2013 Federal Bar Association - Eastern District of Michigan Chapter - 55 years of service to our Federal Bench and Bar U.S. Rep. Keith Ellison to Keynote President’s Column McCree Award Thomas G. McNeill Luncheon Making a Difference The Chapter will hold its annual “It’s easy to make a buck. It’s a lot tougher to make Wade Hampton McCree, Jr. Luncheon a difference.” --Tom Brokaw on Friday, March 1 at the Westin Book Cadillac. The reception will begin at Our FBA Chapter is perhaps best known for the 11:30 a.m. and the luncheon at noon. highest quality educational programming and our social The Wade Hampton McCree, Jr. and networking events for bench and bar. But in this season of giving, I’d like Award for the Advancement of Social to highlight the Chapter’s service mission, with this appeal: please consider making a difference through the Chapter or through any of the activities in which Justice will be presented. The Award you already are involved. honors individuals or organizations that have made significant contributions to The New Pro Bono Council the advancement of social justice, Pro bono representations in federal court can be tremendously rewarding, both professionally and personally. Our Chapter members have a long and including in areas involving poverty, successful history of representing indigent clients in matters before the Court. promoting economic or educational I am experiencing the benefits of pro bono service in my present representation opportunity, or fighting discrimination of an inmate in a Section 1983 action for “deliberate medical indifference.” involving race, gender, ethnicity, Regardless of the final outcome of this hard-fought matter, my client has national origin, religion, or economic opened my eyes to critical matters far beyond the objects of my commercial litigation practice. status. Nominations for the Award are To further advance and facilitate pro bono representations in federal court, due by January 21, 2012, and can be the Court’s Pro Bono Committee and our Chapter are pleased to announce directed to the attention of Cynthia J. the establishment of the Eastern District of Michigan Pro Bono Council. (The Haffey ([email protected]) or Miriam Court’s Pro Bono Committee is led by Judge Denise Page Hood, and includes L. Siefer ([email protected]). as its members Judges Arthur J. Tarnow, Paul D. Borman, Victoria A. Roberts and Magistrate Judge Mona K. Majzoub.) (continued on page 3) The Court has experienced a significant increase in pro se cases in a wide range of areas – mortgage foreclosure, prisoner civil rights, federal benefits INSIDE THIS ISSUE and employment are among the most prevalent. Throughout the year, the judges seek the appointment of volunteer pro bono attorneys to those cases Veterans Treatment Court pg. 3 that demonstrate potential merit (particularly where a pro se plaintiff’s case survives a motion to dismiss). Dave Weaver pg. 3-4 The Pro Bono Council, presently comprised of representatives from twenty- Judge Newblatt Portrait pg. 4 two law firms (listed on page 3), will greatly expand the list of volunteers available to handle pro bono cases designated by the Court. The Council, the Court’s Pro New Lawyers Seminar pg. 4-5 Bono Committee, and the Chapter’s Pro Bono Committee will provide additional Judge Drain Investiture pg. 5-6,8 training in the issues that are litigated most frequently. We also anticipate that online resources (sample pleadings and briefs, notable unpublished decisions, Rakow and Rom pg. 8-9 references to publications) will be made available for pro bono attorneys. Holiday Party pg. 9-10 We would like to add at least ten firms to the Pro Bono Council. The Chapter Book Club pg. 11 has invited the Michigan Association for Justice, the Detroit Metropolitan Bar Association, and the Washtenaw County Bar Complex Litigation pg. 11-12 Association to join the Chapter as partners in this Judicial Reunion pg. 12 effort and to reach out to their respective constituent WINNER firms. In addition, we are seeking practitioners 10 YEARS Calendar of Events pg. 13 from throughout the community to join the rolls of National FBA Distressed Municipalities volunteers who will accept a pro bono assignment pg. 13-14 every now and again as workloads permit. You can Outstanding N e w s l e t t e r Federal Youth Law Day pg. 14 make a tremendous difference by accepting a case, representing a client now acting pro se, and pursing A w a r d Luncheon Sponsors pg. 15 that case to a just conclusion. (continued on page 2) 1 President’s Column (continued) noted practitioners and commentators with the goal of elevating understanding of federal criminal and civil cases The first meeting of the Pro Bono Council will take place and the nature and accuracy of the reporting on those cases. on January 31, at 12:00 p.m., in the Courthouse. If you Special thanks to the Co-Chairs of that event, Saura Sahu are a leader at your firm, please consider enrolling your at Miller Canfield and Matthew Schneider, Chief of Staff and firm in this effort; if you are willing to accept a pro bono General Counsel for the Michigan Supreme Court, and to assignment, please enroll in our growing list of volunteers. all the panelists for that event, including Judges Robert H. Please contact me at [email protected] or give Cleland and David M. Lawson, and Rod Hansen, the Court’s me a call at 313.223.3632. Media Information Officer. In 2013, the Chapter intends to host a follow-up event to advance the dialogue between the The FBA’s Diversity “Pipeline” Initiatives Court and the media. In June 2009, our Chapter’s Diversity Task Force issued On October 10, 2012, as the Michigan Supreme Court a stunningly broad set of Recommended Initiatives and authorized a referendum on the emergency manager Activities for the advancement of diversity in the practice of legislation, and nine major municipalities (including Detroit) law in Southeastern Michigan, which is available on www. faced immediate risk of insolvency, the Chapter hosted fbamich.org under “Documents” (Diversity Task Force). “Municipal Entities in Distress-Between a Rock and Hard These recommendations represent the culmination of the Place,” to facilitate a dialogue among experts, municipal work of many individuals over the course of a year, including leaders, and practitioners on all sides of these issues. At Judge Mark A. Goldsmith (then an Oakland County Circuit the event, a consensus developed that Chapter 9 of the Judge and the immediate Past President of our Chapter) Bankruptcy Code does not offer a clear solution, even if who commissioned the effort in 2008, Judge George Caram the Governor authorized a municipality to file a bankruptcy Steeh (co-chair of the Diversity Task Force), Judge Victoria petition. Many thanks to the event organizers: Chief A. Roberts, Barbara L. McQuade (then President of the Bankruptcy Judge Phillip J. Shefferly, Bankruptcy Judge Chapter), Elisa Angeli Palizzi (then President-Elect of the Steven W. Rhodes (who moderated the event), David Chapter), Elizabeth Stafford (co-chair of the Diversity Task Lerner (Plunkett Cooney), Michael Hammer (Dickinson Force) and John Nussbaumer (Associate Dean, Thomas M. Wright), Leslie Berg (Office of the U.S. Trustee) and Craig Cooley Law School). Please take a few minutes to review Schoenherr (O’Reilly & Rancilio). And many thanks to the the 2009 Recommendations; you will be astonished by how panelists: Judy O’Neill (Foley & Lardner), Douglas Bernstein much the Chapter has implemented in three short years. (Plunkett Cooney), Frederick Headen (Michigan Department As we head into 2013, the Chapter will take its diversity of Treasury, Director of Local Government Services), initiatives to the next level. The Chapter intends to make a Edward Plawecki (Pierce Monroe & Associates, Director long-term, long-range commitment to “pipeline” initiatives of Government Services) and Charles Moore (Conway & with students at the middle school, high school, college and MacKenzie). law school levels. To pursue those Chapter initiatives, we Later this spring, in collaboration with the Detroit Institute will establish an FBA Pipeline Council, patterned upon the of Arts, the Holocaust Memorial Center in Farmington Hills, newly established Eastern District of Michigan Pro Bono community organizations, and art dealers, the Chapter Council. plans to host a program on the repatriation of art stolen The Chapter has hosted and actively participated in during World War II and the resulting federal court litigation “Diversity Summits” in which representatives of Metro concerning the provenance of art which, surprisingly, Detroit-based affinity and other bar associations convene to continues to this day. share ideas, coordinate efforts and activities and celebrate We are excited to embark upon community-based successes. Building upon this experience, the Chapter programming concerning issues adjudicated in federal court, plans to work with other key bar associations to form a and we would like to do more of this. Please let us know if you standing Metro Detroit Pipeline Coordinating Council, to be would like to make a difference by envisioning and planning comprised of representatives from bar associations, industry a community program that advances understanding and associations, and organizations from throughout the private dialogue concerning a federal issue of general interest. and public sectors that are engaged in and committed to a wide range of diversity efforts. FBA Student Chapters I am pleased to announce that Chapter participation This year, we also have reinstituted FBA student chapters in these pipeline initiatives will be led by Judge Roberts, at Thomas M. Cooley Law School (our thanks to John Elizabeth Stafford, and John Nussbaumer, who will be Nussbaumer) and at University of Detroit Mercy School of joined by several members of the Chapter Executive Law (our thanks to Professor Michael Bryce, Judge Michael Board (and yours truly).