January 2024

Fellows:

Happy New Year to all of you. Pat and I hope that the holiday season was joyful and memorable for you and your families. We have enjoyed a brief winter solstice respite from our ACTL travels. As of mid-December, we had visited fourteen states for committee meetings, dinners and other gatherings of the Fellows since the Annual Meeting in September and we have enjoyed them all. We will hit the road again shortly with a visit to our old home base in Philadelphia for the Eastern Pennsylvania Fellows Dinner on January 17. And, at the end of the month, we will be enjoying the warmth of Sea Island, Georgia for the Florida, Georgia and Alabama Tri-State Regional Meeting, followed closely by the National Moot Court Competition in New York City.

While we are resting, there is something on my mind. At several of our recent appearances around the country I have spoken about the College’s partnership with the National Constitution Center’s Scholar Exchange Program, which provides much needed civics education to middle and high school students nationwide. This program is overseen by our Outreach Committee, which recently provided a report on the Program’s progress. During 2023, approximately 250 classes were conducted in 31 states and Washington, D.C., with over 5,000 students in attendance. The classes covered such topics as “Federalism and the Separation of Powers,” “Article II and the Electoral College” (sure to be a hot topic in 2024), “The Fourteenth Amendment” and “The Bill of Rights.” In 2024, the NCC will be adding new topics to the course offerings, including a two-part class on First Amendment doctrine, a survey of landmark civil rights cases, and a class on “Women and the Constitution.”

I am especially pleased to report that approximately 35 Fellows have participated in teaching or shadowing classes thus far, and a total of 77 Fellows have expressed interest (make that at least 78 since I just signed up myself). Be on the lookout for messages from the ACTL National Office or the Outreach Committee soliciting your participation in this very worthwhile educational program. 

I look forward to seeing many of you at the Spring Meeting in Phoenix, February 29-March 3. We will enjoy a great program organized by President-Elect Deane, recreational activities at the beautifully remodeled Arizona Biltmore, fantastic surrounding desert attractions, and – as always – the occasion to renew old friendships while greeting a new class of ACTL Inductees. The National Office reports that registrations for the Spring Meeting are being recorded at a rapid pace, so please do not hesitate to register online. It will be another great meeting!  

William J. Murphy

ACTL President

Registration is open for the 2024 Spring Meeting in Phoenix, Arizona. With a CLE on AI at Trial, unique local tours and activities, fabulous evening events and warm, desert sunshine, this is a meeting not to be missed. Don’t forget, the ACTL hotel room block ends February 6. Click here to register online.

Interested in teaching a class on civics through our partnership with the National Constitution Center but aren’t sure where to start? Click here for easy next steps to help you get started. Spring is one of the busiest times of the year for the NCC as teachers look for assistance with Advanced Placement test preparation and discussing landmark cases. Ready to volunteer? Simply complete this sign-up sheet and the NCC will reach out with more information. 

Fellow Mark W. Merritt has received the Advocate’s Award, the highest honor given by the North Carolina Bar Association’s Litigation Section. Merritt is only the 15th recipient of the award. The Advocate’s Award honors litigators who have high ethical standards, possess great skill and ability, demonstrate commitment to the highest level of service and to their clients, and exhibit respect of and love for the law. Recipients are also chosen for their pro bono and community service and for maintaining the balance of a robust professional and personal life.

Access to Justice and Legal Services and Distinguished Pro Bono Fellows Committees: These committees are collaborating to jointly focus on assisting innocence projects throughout the United States and Canada and providing pro bono support to organizations who are assisting migrants. We have already connected innocence projects in British Columbia and Ontario with retired appellate and criminal judges willing to get involved and we hope to replicate this in other regions. The migrant initiative was inspired by the recent efforts of Access to Justice Committee Vice Chair Kimball Anderson of Chicago. (Kimball’s pro bono work on behalf of migrants in Chicago will be featured in the upcoming issue of the Journal.)

Advocacy in the 21^st Century and Complex Litigation Committees: A fortuitous discussion between the Chairs of the Complex Litigation Committee and the Advocacy in the 21^st Century Committee in Washington this past October led the Chairs to pursue a perfect match for their committees’ respective activities. The two committees will co-host the CLE Program at the Spring Meeting in Phoenix, focused on “AI at Trial”. The program will inform Fellows on the current uses of Artificial Intelligence to aid trial preparation and support courtroom proceedings. The two Committees and their joint planning committee have been working determinedly since October to draft the agenda and engage expert panelists with a wide variety of perspectives, including the ethics of using AI at trial. Participants will include trial and jury consultants, trial lawyers and an AI research academic. The program promises to initiate Fellows on AI’s current trial uses and its potential to significantly change the trial of the future. (This program offers 1.5 credit hours, including some ethics credit, where approved.)

Beverley McLachlin Access to Justice Award Committee: This award, named after the former Chief Justice of the Supreme Court of Canada, recognizes judges and members of the bar who have played exceptional roles in creating and promoting access to justice in the United States and Canada. The Committee’s recommendation for the third presentation of this award was approved by the Board of Regents last fall, and the award will be presented at the Spring Meeting in Phoenix, Arizona, to Ryan Hillier and Sophie Tremblay. Hillier and Tremblay co-founded Novalex, a Montreal-based law firm which is committed to providing one hour of pro bono legal services for each hour of paid legal services that it provides. The firm’s adherence to its mission is audited annually by an independent board of directors of the legal clinic which operates concurrently with the law firm from its Montreal offices.

Boot Camp Trial Training Programs Committee: Through the hard work of committee members, the committee is increasing its docket. The Committee is exploring new opportunities and responding favorably to requests for repeat presentations. Recently, the Committee accepted an invitation to present a program to young lawyers in London, to be held in the fall of 2024. Other upcoming programs are scheduled for Atlanta, Maryland, Toronto, Tulsa, Toronto, Vancouver, among others. If you are interested in presenting a program in your area, please contact Committee Chair Paul Sandler at pms@shapirosher.com.

Downstate New York: The College co-sponsored a trial training program in New York City on December 13 for lawyers interested in handling pro bono matters. The faculty included eight Fellows of the College from Downstate New York. It was a “learn by doing” program based on the NITA teaching method.

International Committee: Over the past several months, the Committee has formalized the application process for the Brian O’Neill Memorial Fund. This fund provides financial assistance to public service and judicial Fellows, aiming to enable and encourage their participation in teaching and training lawyers and judges in other countries, thereby advancing the rule of law. The subcommittee charged with recommending fund recipients consists of the Chair and Vice Chair of the International Committee, along with the Chair of the Teaching Abroad subcommittee. In early 2024, the Committee intends to send an email to selected Public Service and Judicial Fellows, with the hope of recruiting their participation in this teaching experience. For more information on upcoming teaching abroad opportunities, contact Joe Steinfield. To make a donation to the Brian O’Neill Memorial Fund, click here.

South Carolina: On November 3, 2023, the South Carolina Fellows presented a Boot Camp Trial Training skills program entitled Anatomy of a Trial - The Rosenberg Spy Trial, in Charleston, South Carolina at the United States District courthouse. It was a stellar program with outstanding presentations by the faculty, federal judges and Fellows. Boot Camp Committee Chair Paul Sandler was a special guest and participant who provided excellent education, background and support. The program was well attended by many young lawyers in South Carolina, including assistant solicitors, federal prosecutors, public defenders and many members of the private Bar. In special attendance at the cocktail reception following the program was Ireland's Ambassador Geraldine Byrne Nelson and Consul General Caiomhe Ni Chonchuir. A special thanks to Immediate Past State Chair Paul Gibson who hosted a cocktail reception at his home the evening prior to the program and to Boot Camp Committee Member Johnny Linton who hosted a reception afterwards and spearheaded the entire program. 

Special Problems in the Administration of Justice Committee (Canada): For three decades it has been accepted that Canadian judges should consider social context in their decision making. In furtherance of the College’s mission to improve the administration of justice, the Committee is preparing a report, tentatively entitled, “Social Context in the Administration of Justice in Canada.” Among other issues, the report will examine the extent to which judges consider social context, how social context is taught through judicial education programs, and the degree to which the content of that training is made known to litigants and their lawyers. 

The College recognizes extraordinary individuals and their important contributions to the law through the 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.

Griffin Bell Award for Courageous Advocacy

Awarded only when appropriate to honor outstanding courage demonstrated by trial lawyers in unpopular or difficult causes. The award is one of the highest honors conferred by the College upon an individual trial lawyer and recognizes lawyers who have persevered in pursuit of an important cause despite substantial personal danger, fear, unpopularity, opposition or other difficulties. To view past recipients, click here.

Chair: Deborah Barbier

Arkansas Fellows Dinner, Little Rock: November 30, 2023

On November 30, President Murphy and his wife Pat attended the Arkansas Fellows Dinner at the Capital Hotel in Little Rock. The Dinner was well attended with eighteen Fellows, presided over by Immediate Past State Chair Spence Fricke, and the new State Chair, Melody Piazza. President Murphy acknowledged the work of the state committee in seeking new and diverse candidates for Fellowship, then discussed the strong speaker lineups at upcoming national meetings. President Murphy encouraged the Arkansas Fellows to attend, especially the nearby 2024 Annual Meeting in Nashville. Regent Cal Mayo also gave brief remarks, which included a good-natured bet with regards to Ole Miss College football, resulting in a gift of an Ole Miss T-Shirt for State Chair Piazza. Regent Mayo concluded by encouraging Fellows to attend the Region 6 Regional Meeting next April in San Antonio. 

Mississippi Fellows Dinner, Jackson: December 1, 2023



Regent Mayo drove President Murphy and his wife Pat on a scenic and circuitous route from Little Rock, Arkansas, to Jackson, Mississippi, for the Mississippi Fellows Dinner. First stopping in Oxford, President Murphy enjoyed lunch with State Chair Trey Byars, among others, followed by an extensive tour of the Ole Miss campus. Regent Mayo then drove the group to Jackson for the Mississippi Fellows Dinner, which was attended by 28 Fellows and spouses, including Former Regent Christy Jones. Also in attendance were Jessica McNeel and David Pitre, who will be inducted as Fellows at the Spring Meeting in Phoenix. Following dinner, President Murphy delivered remarks and urged Fellows to volunteer with the College's mentoring project with Just The Beginning and the Peer-to-Peer Scholar Exchange program with the National Constitution Center. During dinner, State Chair Byars quizzed President Murphy (who was successful) on baseball trivia and graciously presented him with an autographed Ole Miss baseball jersey.  

Louisiana Fellows Dinner, New Orleans: December 2, 2023

The Louisiana Fellows and Regent Mayo welcomed President Murphy and his wife Pat to the Big Easy on December 2. Lunch with Former Regent Tom Hayes and his wife Karen provided a delightful forum to catch up before dinner. The only disappointment of the day was a Direct-TV glitch that prevented viewing the Alabama Georgia game. About thirty Fellows joined the group for dinner, complete with a jazz trio, later that evening at Galatoire’s on Bourbon Street. The dinner was hosted by State Chair Tim Daniels and his wife Georgette, with Immediate Past State Chair James Brown and wife Kelly, Judicial Fellow Brian Jackson and wife Melanie Megginson and newly appointed US District Judge Darrel Papillion and wife Lauren also on hand. State Chair Daniels addressed the gathering on the activities of the State Committee and introduced President Murphy, who updated the Fellows on the College’s Strategic Planning project and the partnership with the National Constitution Center. President Murphy also noted the passing of Honorary Fellow Justice Sandra Day O’Connor. The Fellows were alerted to opportunities to volunteer as mentors with the Just The Beginning program for judicial internships. Last, President Murphy acknowledged New Orleans Innocence Project, recipient of the2023 Emil Gumpert Award. 

Oregon Fellows Holiday Dinner, Portland: December 6, 2023



President Murphy’s final trip for 2023 was to attend the Oregon Fellows Holiday Dinner in Portland on Wednesday, December 6, hosted by State Committee Chair Julie Vacura. President Murphy attended the State Committee Meeting, held just prior to the dinner, where Regent Carey Matovich was also in attendance. About twenty-two Fellows and ten spouses attended the dinner. During his remarks, President Murphy acknowledged the work of the committee to identify younger and more diverse candidates and encouraged them to continue their efforts. Foundation Trustee Joe Arellano also addressed the group, stressing the need for Fellows to identify local public interest groups that would be worthy recipients of grants from the Foundation. After their remarks, the featured speaker, Chief Justice Megan Aileen Flynn, addressed the group and thanked her predecessor, retired C.J. Waters, and described in some detail her administrative challenges and duties, along with her battles for judicial funding with the Oregon Legislature. It seems she has two full time jobs – running the state court system, while also hearing arguments, deciding cases, and issuing opinions. 

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 city 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.

As we close out 2023, the National Office recently learned of the passing of several Fellows that occurred some time ago. The dates listed below may be from years prior to 2023, but they are correct.

California

Douglas R. Dalton, ’74, Los Angeles, August 20, 2022

Marshall M. Schulman, ’82, San Francisco, January 23, 2022

Illinois

Richard L. Berdelle, ’88, Chicago, August 6, 2021

Charles R. Jelliffe, ’76, Harrisburg, October 11, 2015

Willliam B. Wham, ’75, Centralia, January 10, 2022

Indiana

Russell H. Hart, ’72, Lafayette, July 14, 2022

Louisiana

Robert E. Leake, Jr., ’78, Convington, March 18, 2022

Maryland

Lawrence F. Rodowsky, ’75, Silver Spring, October 1, 2022

Nevada

Samuel S. Lionel, ’83, Las Vegas, December 23, 2022

New Jersey

James L. Cooper, ’91, Atlantic City, April 15, 2017

Robert P. McDonough, ’87, Monmouth Beach, November 27, 2020

New York

Ronald P. Fischetti, ’91, New York, November 25, 2023

Ontario

Douglas W. Goudie, KC, ’85, Willowdale, October 7, 2022

Pennsylvania

William F. Martson, ’88, Carlisle, January 25, 2016

Robert J. Stewart, ’78, York, February 10, 2021

South Carolina

W. Howard Fowler, ’77, Greenville, October 26, 2015

Texas

Franklin B. Davis, ’92, Houston, November 28, 2020

Washington

Richard L. Cease, ’89, Spokane, July 29, 2018

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