www.FBAmich.org FBA N ewsletter Fall 2004 Federal Bar Association - Eastern District of Michigan Chapter - 46 years of service to our Federal Bench and Bar State of The Court Luncheon President’s September 23rd Column Dennis M. Barnes The Chapter will kick off its annual Luncheon As summer winds down Program on Thursday, September 23, 2004, at the and we approach our Sep- Hotel Pont-chartrain. The reception will begin at tember State of the Court 11:30 a.m., with a luncheon following at 12:00 noon. luncheon, I am happy to The featured speaker will be Chief Judge Bernard report that the state of the A. Friedman, who will deliver the annual “State of FBA’s Eastern District of the Court” address. Judge Denise Page Hood will Michigan Chapter is excellent. The Chapter has an honor pro bono attorneys. Tickets are $25 for Chap- active schedule of activities, a thriving committee sys- ter members, $30 for non-members and $20 for ju- tem, and membership is at an all-time high. Indeed, last year we received the Presidential Excellence dicial law clerks. Law firm sponsorships are still Award from the National FBA, in recognition of su- available for this luncheon and the three luncheons perior Chapter activities in the areas of administra- to be held in the coming months. To register online tion, membership, programming and member out- for the luncheon, visit the Chapter’s website at reach. www.fbamich.org and click on Events and Activi- These achievements yield even greater opportu- ties. For more information, contact Program Chair nities for the future, as we look forward to another Barbara McQuade at (313)226-9725 or e-mail outstanding year of Chapter activities. In particular, barbara.mcquade@usdoj. gov. we are excited to announce that we have arranged for the Clerk of the United States Supreme Court, General William K. Suter, to come to Detroit on Oc- tober 20, 2004, to address our members and to ad- minister the oath to applicants for admission to the U.S. Supreme Court. This will be the first time ever Collins Resigns we have had a local Supreme Court Swearing-In Ceremony. (Otherwise, you would have to go to On August 2, 2004, Jeffrey G. Collins Washington, D.C.). Details are on our website and announced his elsewhere in this Newsletter, but I encourage you to resignation as act fast, because the application deadline is Sep- INSIDE THIS ISSUE United States tember 10, and space is limited to 125 applicants. News From National pg.3 Attorney for the We are also looking forward to a number of other Eastern District events on our busy fall calendar: Governor Addresses • Chief Judge Bernard A. Friedman will deliver his Gilman Award pg.4 of Michigan. inaugural “State of the Court” address on Thursday, President September 23, 2004, as we kick-off our annual Lun- Lynn Helland Introduces Robert George W. Bush Cares pg.4-6 cheon Program at the Hotel appointed Pontchartrain. In addition, Judge Friedman Collins to the po- the Court will honor the attor- Sworn In pg.6 sition in No- neys who have accepted pro WINNER vember, 2001. bono assignments in the past National Upcoming Swearing-In year. Ceremony, October 20 pg.7 In announcing FBA • Our Bankruptcy Section his decision to 2003 Dave Weaver pg.8 will also kick off its annual Outstanding the staff of the Luncheon Program on Sep- Calendar of Events pg.9 Newsletter U.S. Attorney’s tember 29, 2004, when the Award Law Clerk List pg.9 Office, Collins Chief Bankruptcy Judge said he was re- Steven W. Rhodes will deliver 25th Annual Dinner pg. 10 (see page 2) (see page 2) 1 President’s Column (continued) courts, that translates into a cut of over 30 per- cent, because approximately 60% of the fed- his “State of the Court” address. eral courts’ costs are fixed costs, such as rent • On November 1, 2004, Dean Nancy Rapoport and security, which continue to rise every year. of the University of Houston Law Center, a noted In short, if Congress does not pass a revised expert on the subject of ethics in the practice of funding measure, and enacts a continuing reso- bankruptcy law, will be the first speaker in the lution for the entirety of FY 2005 that imposes a Walter Shapero Symposium series at a Bank- “hard freeze,” the federal courts will be forced ruptcy Section luncheon at the Hotel to cut operating expenses in half, and to fire or Pontchartrain. lay off an estimated 3,800 court employees, rep- • At the Rakow Awards Luncheon on Novem- resenting almost 20 percent of the probation and ber 17, 2004, Rakow Scholarship Awards will be clerks’ office personnel. presented to students from each of Michigan’s The budget for federal courts represents just six law schools. We will again partner with the 2/10ths of 1 percent of the federal budget, yet Court Historical Society which has arranged for its importance to the public is enormous. As we our keynote speaker, noted journalist John C. all know, federal courts are responsible for pro- Sherwood, to speak on the subject of “One tecting public safety, protecting individual rights, Family’s Flight: The Crosswhite Case.” The arbitrating differences in the economy, and moni- Crosswhite case involved a suit by a Kentucky toring convicted felons after their release, and slave owner against Michigan residents for help- that’s just scratching the surface. While the ing an entire family avoid capture by a posse. budget cuts affect all areas of the federal gov- These are just a few our coming events. As ernment, these cuts are not just part of the “Big we head into Fall, it is also worth remembering Government vs. Small Government” philosophi- the Court’s new Case Management/Electronic cal debate. Cuts of this magnitude threaten the Case Filing (“ECF”) initiative. The system offers vitality of our third branch of government. tremendous advantages for those who partici- Recognizing the gravity of this impending cri- pate in it. The Court is holding regular training sis, with the approval of the officers and Execu- classes. So check it out, get registered, and get tive Board, I recently sent a letter on behalf of trained – you won’t regret it. the Chapter to both Michigan Senators and to Finally, as the Chapter continues “raising the the Congressional Representatives from this bar to new heights” with our many activities and district encouraging them to actively support FY initiatives, there is a looming threat which could 2005 funding for our federal courts in an amount adversely affect the practice of law before this that will be sufficient to assure continued court and every other federal court. Federal courts operations providing the prompt delivery of jus- have seen their budgets cut each year since tice. A copy of the letter is printed in this edition 2002, at the same time as their caseload is of the Newsletter, and posted on the Chapter’s greatly expanding. To make things worse, Con- website: www.FBAmich.org. I encourage you gress and the administration agreed to cut all to consider what you can do to call attention to non-defense discretionary spending by 1 percent this important issue and help address this ur- in the current fiscal year. Yet, in the federal gent need. Collins (continued) signing because “I received an offer I couldn’t refuse.” He will be joining the Detroit office of the law firm of Foley & Lardner where his practice will focus on white collar criminal defense. Craig Monford, First Assistant U.S. Attorney in the Northern District of Ohio, is the acting U.S. Attorney for the Eastern District of Michigan. Attorney General John Ashcroft appointed Monford to the position on August 23, 2004. 2 federal courts will be forced to cut operating expenses News From in half, and to fire or lay off an estimated 3,800 court employees, representing almost 20 percent of the pro- National bation and clerks’ office personnel.” By Brian Figot This is just one area where the national organiza- Time to Roll Up tion is working for you. It is an area where your work Our Sleeves is needed as well. Write to your congressional repre- sentative and make it known that these are important This Labor Day, as we start, locally, a new volume issues to you in this election year. of the Chapter’s award-winning Newsletter and the The second theme has to do with the dues we pay yearly cycle of Chapter events which begin with the for national membership. I’ve set forth all the many State of the Court address, there are two major themes ways National works for you, for your benefit, and on coming to us out of our National headquarters in Wash- your behalf. There are at least 75 reasons why you ington, D.C., each of which have work and pocket- should pay national dues and maintain your national books as a central focus. membership. See www.fbamich.org (Newsletter/Sum- First, there is a new twist upon what, unfortunately, mer 2003) (reprints available upon request). has become a recurring subject matter: the need to Now there is a great reason to ACT NOW. Na- lobby Congress upon issues which are of concern to tional dues go up on October 1 (with a commensurate the Third Branch, including the political issues inher- increase in membership benefits). By joining NOW, ent in a system of separated powers and the economic you get the benefits of membership with the first year issues which arise when one branch is dependent upon at the reduced rates currently in effect.