Dear Fellow:

We are extremely excited about our program for the Spring Meeting in Boca Raton. President-Elect Sam Franklin has put together a group of speakers that will both inform and entertain. The venue has undergone a complete renovation and will be the kind of first-class site that you have grown to expect from our College meetings. It will be a great event.  

The Executive Committee has been working hard at several important tasks. Our Task Force on the Response of Universities and Colleges to Allegations of Sexual Violence has submitted a final draft of their white paper that the Board of Regents will review for potential approval. This is an extremely difficult issue and the members of this Task Force have done a great service to the College in working so diligently on this paper. I hope to report to you in the near future that the report has been approved.  

Our International Committee continues to press forward on their mission. They are still working on a potential trip to Cuba and are continuing to work on the Guam meeting.  

Our efforts on diversity are making real progress. We now have liaisons in almost all of our state and province chapters. My goal is to have 100% compliance by the time we get to Boca. I intend to speak to all of the liaisons before the Spring Meeting and double our efforts while in Boca. The response to this initiative by the Fellows continues to be extremely positive.  

Our first use of online polling has been completed. As with all new endeavors it was not without some pitfalls, but Executive Director Dennis Maggi and Membership Manager Geri Frankenstein worked hard at solving as many of the problems as we could. Our response rate has been consistent with historical numbers. Our hope is that once our Fellows see how easy this system can be that things will go smoother the next time. We are also working hard to complete the website. We thought it would be finished by March but that date has been pushed back to July. We are going through what is called the "user experience" phase. That means we are testing things out on many of our Fellows to make sure that we are doing what the Fellows want and expect. I will continue to report our progress on that project.  

I have been off the road for the College since the holidays. I start back with a visit to San Francisco followed by the National Moot Court Competition Final Rounds in New York, then on to Salt Lake City, the Gale Cup in Toronto, a Fellows weekend in South Carolina, then finally to Boca where I look forward to spending time with many of you. Please contact me with any ideas you have to make the College better.

Sincerely,

Bartholomew J. Dalton
President

The Power of an Hour campaign was launched at the 2016 Annual Meeting in Philadelphia. The goal of the 2016-2017 campaign is to have all Fellows contribute the equivalent of one billable hour (or more) to the U.S. or Canadian Foundations. As President Dalton travels around both countries throughout his term, he will remind Fellows of this opportunity to give to the Foundations' worthy projects. Through your support, the Foundation is better equipped to extend the College's reach in supporting worthwhile projects.

The Foundation accepts applications from College committees and organizations requesting funding for proposed projects that are consistent with the College's objectives. The Foundation's Trustees welcome project proposals with potential to leverage its investments through model programs capable of replication in other jurisdictions. The application must be completed and submitted to nationaloffice@actl.com. Click here to download the application.

If a State or Province Committee is interested in hosting a CLE program for public service lawyers, the Foundation can provide a grant of up to $2,000 without a formal application. A Chair should provide basic details and the amount needed in an inquiry to the National Office, nationaloffice@actl.com.  

On November 11, 2016, the Alabama Fellows honored the life of deceased Fellow Jere F. White, Jr. with a dinner and presentation of the Jere F. White, Jr. Trial Advocacy Institute. This all-day program was first held in 2012 and repeated in 2014. The program focuses upon the major components of a trial beginning with voir dire through closing argument. Each segment is divided between the two Fellows who give their perspectives from the plaintiff and defendant sides. The 2016 event was attended by over 300 attorneys and viewed as a great success. Alabama Fellow, Fred Gray, served as the luncheon speaker.  Among the participants were President Bart Dalton, President-Elect Samuel H. Franklin and Past Presidents Michael W. Smith, Chilton Davis Varner, Warren B. Lightfoot, and Regent C. Rufus Pennington III. The proceeds are contributed to the Jere F. White, Jr. Fellows Program at the Cumberland School of Law. To date, $285,000 has been raised from the Trial Institute.

The American Law Institute (ALI) is publishing an updated version of the Trial Manual for the Defense of Criminal Cases. The College was instrumental in initiating the original manual, reflecting the close relationship with the ALI. The manual is now available (free) to download on the ALI website and the book version, (a two-volume set) will be available to Fellows at a discount of 20% off the list price.

On November 18, 2016, the Arizona Fellows convened at the University of Arizona in Tucson and judged another Jenckes Competition between the law schools of the University of Arizona (U of A) and Arizona State University (ASU). This year’s competition was a criminal case involving a duo of hunters accused of illegally killing a mountain lion in a state park near Tucson. The Fellows ruled that the defense team—the team from the U of A—won the competition. Both teams and all in attendance were greeted at the post-competition reception, where Fellows and students had the chance to get acquainted and discuss the arguments. Since 1970, the Arizona Fellows have proudly sponsored the Jenckes Competition, an annual closing argument competition between the law schools at the U of A and ASU. The competition honors a beloved Fellow, the late Joe Jenckes. Both law schools internally select two-person teams by late October. Fellows provide each team with a trial transcript (sans the closing arguments) of a real trial. Civil and criminal trials alternate year to year. Each team is given 35 minutes to present its argument with the plaintiff or prosecution team reserving time for rebuttal. The Fellows who attend deliberate and decide on the winning team. After the competition, both teams are presented with a cash prize from the Arizona Fellows - $1,000 to each member of the winning team and $500 to each of the runners up. The morning after the competition, the Arizona Fellows held their annual business meeting. Regent Robert K. Warford attended both the competition and the Saturday meeting. Next year’s Jenckes Competition will be held at ASU’s new law school located in downtown Phoenix.

Arizona Fellows will always remember deceased Fellow Barry M. Davis for his tireless and courageous advocacy in difficult circumstances for desperate and deserving clients. Beyond his dedication in representing his clients, Davis was deeply devoted to the teaching of trial advocacy. In keeping with his passion, the Arizona Fellows are offering their support of a new endowment established at the U of A College of Law—The Barry Davis National Trial Team. This endowment will support the Arizona Law Trial Team which competes annually in the College sponsored National Trial Competition. Those wishing to contribute to this endowment to honor Davis and support the teaching of trial advocacy should contact Fellow Ted A. Schmidt for further information, tschmidt@kss-law.com . The Arizona Fellows will hold an all-day CLE on April 28, 2017 at the Phoenix Convention Center followed by a Fellows meeting on April 28-29.  

The International Committee is making progress with a trial skills symposium to be held in Guam in January 2018. The committee is partnering with the Supreme Court of Guam. Brian O'Neill, Former Regent and past chair of the Committee, is serving as the leader and project chair for the Guam training. O'Neill led the trial training symposium in November 2015 when 13 Fellows traveled to the Republic of Palau. More than 80 lawyers and judges from Palau and the  neighboring islands were exposed to the trial and advocacy skills Fellows of the College are known for. The Committee is also working on a potential trip to Cuba.

During the 2016 Fall Board of Regents Meeting, the Board took action to appoint a Long Range Financial Review Committee. The new committee will be composed of Past President Thomas H. Tongue, Past President Robert L. Byman, President-Elect Samuel H. Franklin and Fellow Jeffrey E. Stone. The committee's central focus is to help the College plan for a future where there may be fewer Fellows because of the "Vanishing Trial" problem. More specifically, the committee will review how the College budgets capital expenses and other budget items. Additionally, they will evaluate all aspects of financial management to determine the best way forward so the College can stay as fiscally healthy as it is today.

On November 17, 2016, the Ohio Fellows sponsored a full-day CLE program in conjunction with the Ohio State Bar Association (OSBA). The program was titled, “ACTL Winning At Trial 2016.” Six Fellows covered pre-trial procedures, voir dire, opening statements, direct examination, cross-examination and closing arguments. The trial components incorporated actual trial videos and Fellows talked about their strategy and techniques during the trial. Four Fellows then presented a 2 ½ hour presentation on ethics and professionalism using the College vignettes and Code of Pretrial and Trial Conduct. The program was presented to a live audience at the OSBA office in Columbus and simultaneously webcast to four other locations in the state. More than 150 attended the program and it was taped for later replay. The following Fellows participated in the program: John C. Barron; Doreen Canton; Thomas M. Green; David C. Greer; Thomas W. Hill; Gerald R. Kowalski; Robert W. Trafford; Regent Kathleen M. Trafford; and Elizabeth B. Wright.

On December 6, 2016, four Fellows presented a program titled “ACTL Professional Conduct” in conjunction with the OSBA. This program used the College vignettes and Code of Pretrial and Trial Conduct with the four Fellows commenting on each of the ten vignettes. The program was presented to a live audience at the OSBA office in Columbus and simultaneously webcast to four other locations in Ohio.  A video replay of the program was planned on December 30, 2016.

The Supreme Court of Pennsylvania has upheld the right of indigent criminal defendants to seek injunctive relief to remedy systemic under-funding of public defender programs. Kuren v. Lucerne County, 146 A.3d 715 (Sept .28, 2016).  Pennsylvania Fellows David Rudovsky and Witold J. Walczak represented the indigent petitioners. Fellows Edward W. Madeira, Jr., for the ABA, and Paul H. Titus, for the National Association of Criminal Defense Lawyers and Pennsylvania Association of Criminal Defense Lawyers contributed as amici. The decision is the first State Supreme Court to recognize such a pretrial claim under the right to effective counsel.

Fellows from Massachusetts, New Hampshire and Vermont volunteered as judges for the 67th New England Moot Court Regional Championship held at Boston University. The teams from Boston College Law School and Vermont Law School faced off in the finals, with Boston College taking the title. The winning team was composed of Boston College third-year students Morgan Sellers, Jennifer Lang and Rufus Urion. Lang was also named Best Oralist. The final round was judged by retired Supreme Court Justice Robert Cordy, United States District Court Judge Rya Zobel and Past President Joan Lukey. The winning team will represent Boston College Law School in the National Rounds this week in New York. The following Fellows participated: Samuel E. Gates Litigation Award Committee Chair Lisa G. Arrowood; Regent Ritchie Berger; Adjunct State Committee Chair Richard Campbell; Bill Glahn; David Hanrahan; Massachusetts State Committee Chair Tom Hoopes; Vermont State Committee Chair John Maley; Tom Peisch; Alice Richmond; and Richard Zielinski.

The Teaching of Trial and Appellate Advocacy Committee has developed and scheduled an array of training programs which can be adapted for presentation in your states and provinces. The agenda and topics for these offerings include:    

The College recognizes extraordinary individuals and their important contributions to the law through three awards described below. A nominator need only submit a letter of support, and the award committee will complete an investigation before deciding whether to recommend the person to the Board of Regents. Please consider nominating a worthy recipient. You may send your letter to nationaloffice@actl.com or directly to the committee chair indicated below

Arkansas, December 1: President Dalton and his wife Eileen were in Little Rock for the dinner at the elegant Capitol Hotel, listed on the National Register of Historic Places. Also attending were Regent Tom Hayes and his wife, Hon. Karen Hayes, as well as a contingent of 25 Fellows and their guests. President Dalton’s remarks addressed the health of the College, communications and the College’s diversity initiative. The Fellows were most eager to hear the ways that they can promote and prioritize the College’s diversity efforts.  

Mississippi, December 2: The drive from Little Rock to Jackson was an entertaining 4.5 hours as Tom and Karen Hayes provided local insights about the area’s rich history. The black tie dinner was attended by 36 Fellows and their guests. It was a wonderful night with great stories and collegiality. The Fellows and guests applauded President Dalton’s remarks about the College’s diversity initiative.

Louisiana, December 3: Continuing the Southern swing, 35 Louisiana Fellows and guests gathered in New Orleans at Arnaud’s for their black tie dinner. Honored guests included Past President Gene W. Lafitte and his wife, Jackie. President Dalton’s pre-dinner remarks included a shout-out to LSU football, which greatly warmed the crowd. Louisiana is advancing the College’s diversity initiative and has a diversity liaison as well as several good candidates under consideration.

Oregon, December 7: Heading to the beautiful Pacific Northwest, the Daltons were in Portland for a dinner with a good crowd of 40 Fellows and their guests. Earlier in the day, President Dalton attended the Oregon State Committee meeting where he was invited to speak about the diversity initiative. Esteemed guests included Past President Tom Tongue, Former Regents Paul Fortino and Hon. Garr M. King, current Regent John Hunter, and their spouses. The evening was lively and fun. In the spirit of giving, Past President Tongue committed to match all Oregon Fellows' December contributions to the Foundation.

Washington, December 8: Last year, when President Smith attempted to drive from Portland to Seattle, passage was blocked by a landslide on Interstate-5. Lesson learned. President Dalton booked a flight to ensure attendance at the dinner. Unfortunately, Mother Nature had another less creative, but equally effective, plan. After flight delays and finally cancellation due to icing, President Dalton and Eileen were stuck in Portland and missed the Washington State dinner. The Fortinos and Hunters made excellent time in their car, however, and reported that a fun time was had by all in Seattle.

The following Fellows have been elevated to the bench in their respective jurisdictions.

Kevin P. Feehan, Q.C.
Edmonton, Alberta
Effective October 20, 2016
Justice
Court of Queen’s Bench of Alberta

David R. Fenster
Middlebury, Vermont
Effective October 2016
Judge
Vermont Superior Court

Jennifer B. Schiffer
Baltimore, Maryland
Effective January 4, 2017
Associate Judge
Circuit Court for Baltimore City

Michael J. Strickroth
Irvine, California
Effective January 2017
Judge
Orange County Superior Court

The College extends congratulations to these Judicial Fellows.  

The College has been notified of the passing of the Fellows listed below. The date after each name notes the year of induction into the College, and the date following the state or province is the date of his or her passing. A tribute to each will appear in the In Memoriam section of a subsequent issue of the Journal.

Stanton Bloom, ’08, Tucson, Arizona, December 7, 2016

John Francis DeMeo, ’90, Santa Rosa, California, October 6, 2016

Steven August Hirsch, Sr., ’15, Phoenix, Arizona, December 1, 2016

Dan Frederick Hoopes, ’09, Idaho Falls, Idaho, July 12, 2016

Richard T. Horigan , ’94, a Fellow Emeritus, Amsterdam, New York, November 4, 2016

Jack Norman, Jr., ’83, a Fellows Emeritus, Nashville, Tennessee, August 28, 2016

Hon. Leonard B. Sand,  ’76, Judicial Fellow, New York, New York, December 3, 2016

Cubbedge Snow, Jr., ’72, Macon, Georgia, December 4, 2016