ISSUE 86 | SPRING 2018 JUDGE MYRON H. THOMPSON, OF THE U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA, AT THE 2017 ANNUAL MEETING IN MONTRÉAL. “EACH OF US MUST BE ABOUT BEING A HUMAN BEING.” American College of Trial Lawyers CONTENTS JOURNAL Chancellor-Founder FEATURES Hon. Emil Gumpert (1895-1982) 2 3 22 40 OFFICERS Letter from the Editor President’s Perspective Today’s Chuckle Who Are They Now? Samuel H. Franklin President Jeffrey S. Leon, LSM President-Elect 57 61 63 69 Douglas R. Young Treasurer Rodney Acker Secretary President’s Report: All in the College Fellows Making History: Teaching Law in Former Bartholomew J. Dalton Immediate Past President Bartholomew J. Dalton Family Series Richard Speck Trial USSR Dominated Countries BOARD OF REGENTS 72 RODNEY ACKER THOMAS M. HAYES, III Dallas, Texas Monroe, Louisiana Fellows Share RITCHIE E. BERGER PAUL J. HICKEY War Stories Burlington, Vermont Cheyenne, Wyoming SUSAN S. BREWER JEFFREY S. LEON, LSM COLLEGE MEETINGS Morgantown, West Virginia Toronto, Ontario BARTHOLOMEW J. DALTON MARTIN F. MURPHY Wilmington, Delaware Boston, Massachusetts 5 9 11 15 JOHN A. DAY WILLIAM J. MURPHY 2017 Annual Meeting Montréal Mayor Canada’s 28th Jay Bilas: Coach K’s Brentwood, Tennessee Baltimore, Maryland Photo Recap Welcomes College Governor General Life Lessons RICHARD H. DEANE, JR. DANIEL E. REIDY Atlanta, Georgia Chicago, Illinois MONA T. DUCKETT, Q.C. STEPHEN G. SCHWARZ 19 23 25 31 Edmonton, Alberta Rochester, New York Canada’s Foreign 2017 Emil Gumpert Weaponized Lies UK Supreme Court Judge KATHLEEN FLYNN PETERSON ROBERT K. WARFORD Affairs Minister Award Recipient in Post-Truth Era Newest Honorary Fellow Minneapolis, Minnesota San Bernardino, California SAMUEL H. FRANKLIN ROBERT E. WELSH, JR. Birmingham, Alabama Philadelphia, Pennsylvania 35 37 41 45 SUSAN J. HARRIMAN DOUGLAS R. YOUNG District Court Judge on Naval Academy Québec Law and CNN Anchor on San Francisco, California San Francisco, California “Being a Human Being” Approach to Diversity “That Montréal Sound” Role of the Press EDITORIAL BOARD Stephen M. Grant (Editor) Toronto, Ontario 47 49 51 53 Elizabeth K. Ainslie Philadelphia, Pennsylvania Women Fellows Past President Mone: Louis Charette: 78 Fellows Inducted Lisa G. Arrowood Boston, Massachusetts Luncheon Inductee Luncheon Remarks Inductee Response Into College Carol Elder Bruce Washington, District of Columbia Christina M. Habas Denver, Colorado David G. Hanrahan Boston, Massachusetts Lynne D. Kassie, Ad. E. Montréal, Québec 55 75 79 David N. Kitner Dallas, Texas College Elects Region 3: Northwest Region 4: Tenth Circuit Kevin J. Kuhn Denver, Colorado New Leaders Regional Meeting Recap Regional Meeting Recap Carey E. Matovich Billings, Montana Lorna S. McClusky Memphis, Tennessee FELLOWS IN ACTION Clarence L. Pozza Detroit, Michigan J. Walt Sinclair Boise, Idaho Dennis R. Suplee Philadelphia, Pennsylvania 67 73 Chilton Davis Varner Atlanta, Georgia Sylvia H. Walbolt Tampa, Florida Pittsburgh Fellow Committee Updates E. Osborne Ayscue, Jr. (Editor Emeritus) Charlotte, North Carolina A Model of Service Bartholomew J. Dalton (Regent Liaison) Wilmington, Delaware ANNOUNCEMENTS MANAGING EDITOR Eliza Gano ASSOCIATE EDITOR 18 18 30 Amy Mrugalski Correction/Errata Correspondence College Update to the Editor For comments, inquiries, and submissions, please email the National Office at [email protected] Liz Doten Design Director 30 34 Ben Majors Photographer, EventWorks National Office Update 2018 Annual Meeting Dennis J. Maggi CAE Executive Director Save the Date American College of Trial Lawyers 1300 Dove Street, Suite 150 IN EVERY ISSUE Newport Beach, California 92660 949.752.1801 www.actl.com 22 30 82 90 Copyright1 JOURNAL ©2018 Awards & Honors Fellows to the Bench In Memoriam Calendar PLEASE SEND CONTRIBUTIONS OR SUGGESTIONS TO [email protected] AS WE SEGUE FROM THE SPLENDID MONTRÉAL MEETING TO WHAT PROMISES TO BE A TERRIFIC MEETING IN THE WARMER CLIMES OF PHOENIX, IT’S FASCINATING TO OBSERVE EVENTS TAKING PLACE IN THE JUSTICE SYSTEM AT LARGE. Interestingly, there are parallel develop- She noted that judges, law firms and clients As the College continues to promote diver- ments happening in the courts of both can redress this imbalance – the judges by sity in our recruitment and ranks, these are countries. That’s the encouragement, if making a rule that “the lawyer who wrote initiatives worth keeping in mind. not polite insistence, of the participation of the brief or prepared the witness should be Meanwhile, Justice Rebecca Love Kourlis younger counsel, especially women, in tri- the one to argue,” and the clients by insist- warns of the “Unintended Consequences als. With the waning of lawsuits and trials ing “that their legal teams be diverse.” She of Waning Court Filings” (IAALS Online, altogether, this must be a welcome, if not adds, law firms “must stop paying lip ser- August 8, 2017). She rightly observes that entirely necessary, step in maintaining the vice to diversity and take concrete steps to while this may seem to be a positive devel- pre-eminence of our courts as the appro- change,” enabling them to “more effectively opment, not only will the courts become priate and cost-effective forum for dispute serve their clients.” irrelevant (whether because we have priced resolution. An increasing number of judges litigation out of reach, failed to streamline or have been instituting protocols to achieve And the ABA has now adopted Resolution otherwise) but equally importantly, the com- this end. Following the lead of another 116 “urging courts to implement plans that mon law and its evolution will stagnate. Yet federal judge in Brooklyn, Judge Ann M. provide meaningful courtroom experience another reason to embrace positive change in the way we conduct litigation. Donnelly, Judge Jack B. Weinstein issued a to new lawyers. The resolution—recogniz- ‘rule sheet’ that reads “junior members of ing the important role law firms and cli- _______________ legal teams” are “invited to argue motions ents play in the experience, or lack thereof, they have helped prepare and to question that young lawyers receive—also urges law In this issue, along with personal reflections witnesses with whom they have worked.” firms and clients to take advantage of those and profiles, you will find our recap of the This overture doesn’t derogate from the ul- highlights of our Montréal sessions. As an plans.” (Brittany Kauffman, IAALS Online, timate right of counsel to determine who aside, amusing and charming as he was in August 17, 2017.) argues what but it certainly helps ease the his greeting to us, Montréal Mayor Denis Coderre (“We build bridges, not walls”) lost costs and other consequences from having In Canada, the movement towards greater more than one lawyer argue for one party. his re-election bid shortly after the meeting. experience for younger lawyers has also Still, the array of speakers and topics was (“A Judge Wants a Bigger Role for Female taken hold. Justice Frederick. L. Myers of Lawyers. So He Made a Rule.” The New York magnificent and if you (sadly) missed attend- the Ontario Superior Court of Justice held Times, August 23, 2017.) ing (at a significant exchange-rate advantage recently that “junior counsel are invited to for our American Fellows, no less), we have it The dilemma of a younger lawyer organiz- argue motions or pieces of motions that they all encapsulated here for you. ing the motion or trial and then never get- have helped prepare and to question wit- Now, I can’t get this Jimmy Webb song “By nesses with whom they have worked with- ting on her feet was perfectly described by the time I get to Phoenix, she’ll be rising…” former Federal District Court Judge Shira out fear of cost consequences related to over- out of my head. A. Scheindlin. (“Female Lawyers Can Talk, staffing concerns.” (Schenk v Valeant, 2017 Too” The New York Times, August 8, 2017.) ONSC 5101 at para 8.) Stephen Grant SPRING 2018 JOURNAL 2 SAMUEL H. FRANKLIN: PRESIDENT’S PERSPECTIVE Y VIRTUE OF OUR BI-MONTHLY EBULLETIN AND UPDATED, IMPROVED WEBSITE, EACH OF WHICH I COMMEND AS EXCELLENT RESOURCES, YOU SHOULD KNOW ALL THAT IS GOING ON WITHIN THE COLLEGE. THEREFORE, I WILL DEPART SOMEWHAT FROM ROUTINE AND SHARE A FEW THOUGHTS ON MY MIND, HAVING COMPLETED THE FIRST BQUARTER OF THIS COLLEGE YEAR AND AS WE ENTER 2018. I EXPRESS SOME THOUGHTS ON THE ROLE THAT COLLEGIALITY PLAYS IN OUR FELLOWSHIP. In looking at our history book, Sages of Their Craft, detailing the first fifty years of the Col- lege, it notes that in seeking candidates we are looking for excellence of character, and then goes on to state that our standard requires “that intangible quality that we label collegiality.” And the following appears in the induction charge, delivered by a Past President to each group of new inductees: Here, we seek, for the moment, to obliterate the recollection of our distractions, our controversies and our trials, and to transport ourselves from the rush and tumult and uproar of our daily lives into the quiet fellowship and congenial society of our fellow leaders of the bar. In this select circle, we find pleasure and charm in the illustrious company of our contemporaries and take the keenest delight in exalting our friendships. The unique opportunity to serve as your President provides the benefit of experiencing our collegiality firsthand, and at its finest. This quality, intangible as it may be, permeates our gatherings, large and small. We can feel it from the very beginning of an event and through- out the evening as Fellows, spouses and guests gather together. The importance of this quality finds its way into our Code of Pretrial and Trial Conduct. In the preamble, it states: “. Fellows are expected to adhere to the highest possible standards of ethical and collegial behavior . .” And in the foreword to the Code, in describing tra- ditional aspirations of the profession, it states: “A distaste for meanness, sharp practice and unnecessarily aggressive behavior.” Closely related, in my mind, is the role of civility in all our relations.