Greetings to All Fellows:
Happy Spring, everyone! As we head into this new season, I’d like to tell you about some new developments with the College. First, at our Board of Regents’ meeting in Key Biscayne, Florida, the Board approved a paper written by the Federal Criminal Procedure Committee, which is composed of both current and former prosecutors and defense attorneys. The paper recommends amendment of Federal Rule of Criminal Procedure 23(a) to allow a criminal defendant to obtain a non-jury bench trial without the government’s consent if the defendant presents reasons sufficient to overcome the presumption in favor of jury trials. Upon receiving approval from the Board, Committee Chair Brian Heberlig submitted the paper to the Administrative Office of the United States Courts and its Committee on Rules of Practice and Procedure for consideration by the Advisory Committee on Criminal Rules of the Judicial Conference. The work of the Criminal Procedure Committee on this issue is impressive, and I encourage all of you to read its submission to the Rules Committee. Linked here.
Second, the College will sponsor its Diversity Trial Advocacy Program from May 5-7, 2023 at Kirkland & Ellis in Chicago. The response to last year’s program was overwhelmingly positive, and, this year, eighty lawyers from diverse backgrounds were recommended. The number of participants was capped at fifty and a waiting list has been created for the additional thirty. Given the demand, we recently resolved to put on a second Diversity Trial Advocacy Program later this year, likely in November. Additional faculty is needed; if you are interested, please contact Program Chair Tom Heiden at tjh66@cornell.edu.
Third, we are increasingly concerned about efforts by various state legislatures to limit the independence of the judiciary. In 2019, the College published a White Paper called, “The Need to Promote and Defend Fair and Impartial Courts.” The Judiciary Committee, chaired by Donna Melby, will re-examine the 2019 White Paper and conduct a study of the legislation pending in various states that adversely impacts our courts. If any of you know of efforts that would undermine the independence of the judiciary in your state, please inform both your State Committee and our Judiciary Committee so that we can lend our voice to try and stop such efforts.
Best Regards,
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Susan J. Harriman
ACTL President
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A Conversation About Mental Health |
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At the Spring Meeting in Key Biscayne, Retired Judge John Broderick, Jr. gave an impactful presentation regarding mental health. The video of Judge Broderick’s presentation is now available to Fellows and non-Fellows alike through our Learning and Resource Center. You can click on the following link to watch:
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The College agrees that Judge Broderick’s call for more open discussion about mental health is vital to all. Please share the link above with anyone who may have an interest. |
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Board of Regents Spring Meeting |
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The Board of Regents met in February in the days prior to the Spring Meeting in Key Biscayne. The Board typically meets twice per year in conjunction with the College’s Spring and Annual Meetings.
The Board heard presentations from Regents on candidates for Fellowship and voted to invite 61 individuals to become Fellows. The Board also reviewed reports submitted by committee chairs regarding their ongoing activities. The following are highlights of other action items and decisions made by the Board:
- Approval of the Treasurer’s Report, the budgets for fiscal year 2024, and the fiscal year 2023 audit report
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Approval of a $25,000 gift to the Summer Judicial Intern Diversity Project at Just The Beginning
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Approval of a white paper written by the Federal Criminal Procedure Committee titled Rule 23(a) of the Federal Rules of Criminal Procedure Should Be Amended to Eliminate the Requirement That the Government Consent to a Defendant’s Waiver of a Jury Trial. Following approval by the Board of Regents, the paper was provided to the Advisory Committee on Criminal Rules of the Judicial Conference of the United States for consideration.
- Approval of a recommendation by the Honorary Fellowship Committee to bestow Honorary Fellowship on The Hon. Michelle O’Bonsawin of the Supreme Court of Canada, and on Hon. Ketanji Brown Jackson of the Supreme Court of the United States
- Approval of changes to the Bylaws regarding: composition of the Regents Nominating Committee; methods of communicating with Fellows on certain matters; changing “Engaged in Trial Practice” to “Licensed to Trial Practice” in Section 3.1(a).
- Approval of the 2023-2024 Foundation Board of Trustees
- Approval of an Information Security Policy
- Approval of initiating plans to engage the College in strategic planning and modernization of the College’s technology infrastructure
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The Advocates' Society: Spring Symposium 2023 |
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Freedom convoys, celebrity trials, U.S. Supreme Court leaks… for litigators, these are more than just headlines. Find out how current events are shaping the practice of law at Spring Symposium, April 26 at the Carlu.
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Fellow Michelle Henry has been named Pennsylvania Attorney General. She was formerly former First Deputy Attorney General. To read more, click here.
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“America is the land of the second chance . . .”
--George W. Bush
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President George W. Bush once famously said, “America is the land of the second chance – and when the gates of the prison open, the path ahead should lead to a better life.” This two-pronged quote perfectly fits with the missions of the 2023 Emil Gumpert Award winner, the Second Chance at Life Initiative, under the auspices of the Unjust Punishment Project of the Innocence Project New Orleans (IPNO).
Let’s begin with the elephant in the room: Black people make up 31% of the Louisiana population, but comprise 65.6% of its prison population and a stunning 72.8% of the prison population sentenced to life without parole. As IPNO succinctly stated in its application for the Gumpert Award, “Black people are not only grossly over-represented in the criminal legal system in Louisiana, but receive the longest, most punitive sentences available under the law.” Compounding this terrible inequity, there is no statutory right to attorney representation at a parole hearing, even though attorney-represented inmates are almost twice as likely to be granted parole.
In 2021, enlightened members of the state legislature enacted a law, known as Act 122, that provides eligibility for parole for inmates serving life sentences for non-violent crimes. Approximately a hundred current prisoners are eligible for parole under the new law, about half of whom are eligible to be released immediately. But, for those who cannot afford counsel – which constitutes most of the eligible inmates – initiating and successfully running the gauntlet amounts to a pipe dream. Not surprisingly, Louisiana therefore remains the state with the highest incarceration rate in the country, in significant part because of the over-reliance on excessively long sentences.
But, the Second Chance at Life Initiative is a new project that holds out hope to prison “lifers” who have long been without it. The Initiative’s funding of the Unjust Punishment Project’s efforts are not limited to critical legal representation at the hearing, but also extend to working with its clients after parole is granted “to support their re-entry [and] their chance of successfully remaining free.”
The funding of the Initiative, working through Unjust Punishment Project attorney Meredith Angelson and others, is already underway. Fifty inmates have been identified who qualify for a parole hearing pursuant to Act 122 right now, and Attorney Angelson is in contact with the Louisiana Department of Corrections, pressing to get their parole hearings scheduled this year. With $150,000 in Gumpert Award funds, the Initiative will provide the Unjust Punishment Project with the financial capacity to gather evidence of rehabilitation and evidence of the capacity for success after release, in order to present a compelling argument for each prisoner’s release. In the words of the Project team, “[h]aving endured traumatic institutionalization for 15, 20, 25 years or more, many of our clients find it overwhelming to meaningfully represent themselves during an interview before a panel of people that will decide the course of their life.” The assistance of capable attorneys, armed with the information about their clients’ past lives and promising futures, is a critical game-changer.
The ACTL Foundation is grateful for the opportunity to share the dollars that you generously donate with those who need it most through the Gumpert Award. During my years of service as the President of the U.S. Foundation, each year the Gumpert Committee has presented us with an award winner tied to continuing inequities in our criminal justice system: the Women’s Prison Project (Louisiana, 2020), the Sentencing Fairness Program (Arizona, 2021), the First Step Expungement Program (Utah, 2022), and now the Second Chance at Life Initiative (Louisiana, 2023).
As my term draws to its conclusion on June 30 and I hand the reins to the extraordinarily talented David Hensler, I cannot thank you enough for the honor of having served in this role, and at this time.
Because justice can’t wait . . .
Joan A. Lukey
President, ACTL Foundation
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State and Province Committees
Alabama: Following the State Fellows Dinner on November 3, 2022, the Alabama Fellows hosted approximately 275 attendees at the Jere White Jr. Trial Advocacy Institute on November 4. Alabama Fellows will also be holding a Judicial Conference for the State Circuit Court Judges in late 2023. The state committee continues to hold four CLE programs each year in conjunction with the law schools in the State of Alabama, using the ACTL ethics and professionalism vignettes. Brian McCarthy, Outreach Chairman and State Vice Chair, coordinates speakers and topics for these programs.
Alberta: The state committee is pleased to be hosting the Northwest Regional Meeting in 2025 in beautiful Jasper, Alberta. Details are to be announced soon but mark your calendars for July 10-13, 2025.
Arizona: The Fellows of Arizona are presenting a CLE on May 12, 2023 that will use an analysis of the Depp v. Heard trial for discussion. The presenters are all Fellows and Judges from Arizona Federal and State Courts.
California-Northern: Fellow Cris Arguedas will be presented with the Charles B. Renfrew Award at the annual Northern California Fellows Dinner on April 6, 2023. President Harriman and Past President Young will be attending. The Northern California Fellows recently participated in the regional round of the TYLA National Trial Competition where nine Fellows served as judges.
Colorado: The Fellows gathered on February 9, 2023 for a fireside chat with Jonathan Asher, the Executive Director of Colorado Legal Services (where he has been for nearly 50 years). The Colorado Fellows recently served as judges for the ACTL Regional Mock Trial competition, hosted virtually by the University of Denver School of Law in February. On March 9, the committee presented its day-long CLE on Trial Skills in Denver, Colorado.
Connecticut: The state committee is planning a boot camp on trial practice to present to public service lawyers, including those employed by the pro bono legal service organizations in the state.
District of Columbia: The Fellows are in the process of preparing for their trial practice program, created and planned by Fellows Tom Connolly and Mark Hopson, and hosted by Sidley & Austin. Traditionally, approximately 85 -100 lawyers attend the program, which is also well attended by members of the federal judiciary. We plan to reconvene the program this fall.
Georgia: In the fall of 2022, the Georgia Fellows made panel presentations on professionalism to all five Georgia law schools. The panels were deliberately composed of diverse lawyers and judges to spread the College’s message of inclusiveness. The programs were very well-received and will be continued in 2023.
Kentucky: Fellows Doug Morris, John McNeill, Guthrie True, and Dave Kramer will be joined on a panel by Court of Appeals Judge Pamela Goodwine to present a CLE Program entitled “Ethics of Jury Selection-Protected Classifications-Procedures and Remedies” at the annual KBA convention June 22, 2023, in Lexington.
Louisiana: The state committee is deep into planning for an ACTL/New Orleans Bar/ABA sponsored trial bootcamp to be held on June 23, 2023 at the federal court in New Orleans. The state committee continued fundraising efforts and other work to ensure the continuation of the ACTL-sponsored summer internships for Southern University Law Students at New Orleans Innocence Project and Southeast Louisiana legal services.
Massachusetts: The state committee has taken the first steps toward creating a civics education program for educators in Massachusetts. The committee has established connections with state and federal judges who are interested in participating in the creation of this program. They hope to have the program ready to launch in 2024.
Michigan: In December 2022, the state committee conducted a Boot Camp Trial Training Program in Detroit, in conjunction with the Federal Bar Association for the Eastern District of Michigan. As a follow-up to this successful program, the committee is working to set up another Boot Camp Trial Training Program in Grand Rapids, in conjunction with the Federal Bar Association, for the Western District of Michigan this fall. Finally, Michigan Fellows are pleased to welcome and host President Harriman at their annual Black-Tie Dinner on August 18, 2023, to be held at the historic Crystal Downs Country Club where a bag piper will play as the sun sets over Lake Michigan.
Missouri: The state committee is developing several outreach programs, including: 1) Women Focused Seminar, spearheaded by Trial Tested Host Amy Gunn; 2) Trial Skills Seminars, led by state committee Members Tim Gearin, Matt Padberg and Jerry Carmody in St. Louis, and John Aisenbrey, Dawn Parson and Charlie Eblin in Kansas City; 3) UMKC Electronic Evidence Seminar in fall of 2023; 4) Presentations to various Law Schools on Ethics/Professionalism.
Montana: The state committee, with the assistance of Regent Carey Matovich and through the efforts of Montana Fellows, has recently evaluated, and is currently monitoring, issues concerning judicial independence. Specifically, the state committee and Regent Matovich responded to an inquiry from the ACTL Judicial Independence Committee. The state committee is also monitoring judicial independence issues active in the current Montana Legislative Session.
Nevada: On October 20, 2022, under the direction of Past State Chair Tammy Peterson, Nevada Fellows presented an ACTL Boot Camp Trial Training Program for new lawyers. The format was a truncated trial on the United States v. Ethel and Julius Rosenberg.
New Mexico: The state committee is preparing to host the Tenth Circuit Regional Meeting in Santa Fe, New Mexico at the La Fonda August 11-13, 2023.
Ontario: Fellows volunteered as judges at the Gale Cup Moot, held in Ottawa on March 3-4, 2023; and at the Sopinka Cup (also in Ottawa) from March 16-18, 2023. The province committee is also working with the ACTL Boot Camp Trial Training Programs Committee to host another Boot Camp in Canada in 2023. The date and location are to be finalized, but it will likely be a return to Toronto.
Oregon: The state committee is planning a Trial Bootcamp CLE for later in the year and a judges’ reception for all judges in the state in order to reestablish connections with the state and federal benches that went somewhat dormant during COVID. The committee is also in the process of establishing relationships with the minority bar associations in Oregon to stay abreast of potential ACTL candidates and learn how the ACTL can benefit those organizations.
Pennsylvania: In early November, ACTL and the Temple University Beasley School of Law jointly presented the seventh annual Masters of Litigation CLE program in Philadelphia. Fellows Bob Welsh, Michelle Morgan, Susan Lin, Leigh Skipper, Bill Ricci and Tom Duffy participated as speakers for two hours of this four-credit CLE. Through a grant from the ACTL Foundation the Pennsylvania State Committee was able to offer scholarships to a number of public service attorneys in Pennsylvania who were able to attend this program free of charge.
Saskatchewan: Fellows regularly participate in various CLE programs where they promote the work of the College, including the ACTL podcast program, Trial Tested. The state committee has begun making presentations to Law 30 classes in various high schools regarding the Rule of Law generally, then providing a sentencing demonstration in which the students render individual sentencing verdicts.
South Carolina: The Fellows recently published a hardcover, 355-page book entitled “South Carolina Fellows of the American College of Trial Lawyers 1955-2022.” The volume describes the history of the College in South Carolina, as well as the accomplishments of each state chair. The book also contains the photos and biographies each South Carolina Fellow inducted from 1955-2022.
South Dakota: South Dakota served as a host for a regional round of the National Trial Competition.
Vermont: A number of Fellows plan to participate in the mini trial school sponsored by the Vermont Bar Association in July.
Wyoming: The state committee remains active in promoting the University of Wyoming’s Summer Trial Institute. This support includes financial fundraising by the Wyoming Fellows and the donation of time and experience of the Fellows acting as faculty for the trial practice training over the two-week course and through supplying the mock Judges and attorney advisors for the mock trials that conclude the course.
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Lindsay C. Jenkins
Chicago, Illinois
Judge Jenkins
US District Court, Northern District of Illinois
March, 2023
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Emil Gumpert Award Announcement
This $150,000 award, made in honor of the late Honorable Emil Gumpert, Chancellor-Founder of the American College of Trial Lawyers, recognizes programs, public or private, whose principal purpose is to maintain and improve the administration of justice. The programs considered may be associated with courts, law schools, bar associations or any other organization that provides such a program. The 2023 Emil Gumpert Award will be presented to the Second Chance at Life Initiative – Innocence Project New Orleans.
This active committee is looking for additional members to help determine the 2024 Emil Gumpert Award recipient. If you are interesting in joining this committee, please contact Committee Chair Kathryn Snapka at ksnapka@snapkalaw.com or Amy Mrugalski at amrugalski@actl.com.
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Upcoming National Meetings: |
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More events can be viewed on the College website. Click here for the Events Calendar.
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2023 Annual Meeting
September 21-24
Marriott Marquis
San Diego California
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2024 Spring Meeting
February 29-March 3, 2024
Arizona Biltmore
Phoenix, Arizona
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New England Regional Dinner, Boston: March 2, 2023
President Harriman traveled to Boston for the New England Regional Dinner at the Fairmont Copley Plaza where she was greeted by Regent Michelle Awad. In attendance were Rhode Island State Chair Mike Colucci, Judicial Fellow Karen Wolf from Maine, Former Regent Liz Mulvey, Fellow Bill Glahn, and self-described octogenarians Dave Hanrahan, Bob McLaughlin, and Joe Steinfeld, among others. Massachusetts State Chair Ellen Epstein Cohen gave introductory remarks and introduced President Harriman, who spoke in detail about Justice Broderick’s remarks at the Spring Meeting in Key Biscayne, advising that the College would join the fight to increase mental health awareness. Fellow Nancy Gertner then introduced Justice Rosalie Silberman Abella, who is teaching at Harvard this semester, having retired from the Canadian Supreme Court. Justice Abella delivered a moving speech regarding access to justice, judicial justice, and global justice. She referred to the College as the “intellectual samurai of the legal profession,” referred to lawyers as “democracy warriors,” and suggested that it was time to think about an entirely new way of dispensing justice in order to meet modernization demands. Justice Abella received a rousing ovation. It was a terrific evening and was the first time in several years that the New England Fellows were able to gather due to the pandemic.
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Gale Cup Moot, Ottawa: March 4, 2023
President Harriman attended the Gale Cup Moot which, for the first time, was held at the Supreme Court of Canada, in Ottawa, Ontario. President Harriman had the honor of touring the courtrooms, the Justices’ chambers, dining room and library. She attended the final round of competition and then the awards reception, which took place in the stunning foyer of the Supreme Court building. President Harriman spoke to the crowd and described the mission and Fellowship of the College. She read the names of the winners of the Dickson Medal for best oral advocacy, an award created by the College and commemorating the late Chief Justice Brian Dickson. Following the event, President Harriman spent time at dinner with Justices Jamal, Thorburn and Abrioux, together with Regent Bernard Amyot, and Fellows Brian Gover, Pat Santini and Anne Turley. Justice Thorburn will be on the speakers’ panel at the Spring Symposium for The Advocates’ Society.
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Downstate New York Annual Fellows Dinner, New York City: March 8, 2023
President Harriman attended the annual New York Fellows Dinner in the beautiful National Arts Club, graced with some amazing artwork and Tiffany glass throughout. The dinner was well attended, including by Past Presidents Bob Fiske and Greg Joseph, Former Regents Larry Krantz and John Siffert, Regent Rich Strassberg, and Fellow Antonia Apps, who had just been named head of enforcement for the New York office of the SEC. Regent Strassberg welcomed everyone and thanked Former Regent Krantz, whom he and State Chair Marc Cohen presented with an award, for his great work as Regent. President Harriman spoke about the work of the College, including a letter from the Judicial Independence Committee to the Senate; the decision to join the fight to increase awareness around mental health issues; and the College's decision to form a Task Force on Civics Education in response to dismal statistics regarding a decline in respect for the rule of law. She reiterated her oft repeated call for the College Fellowship to better reflect our communities and courtrooms and urged everyone to find qualified candidates.
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San Diego Fellows Meeting, San Diego: March 9, 2023
Immediate Past President Michael O’Donnell attended the San Diego Fellows Annual Dinner at the La Jolla Country Club. Past President O’Donnell had the privilege of staying nearby at the iconic La Jolla Beach and Tennis Club. It was a beautiful venue. The Dinner was well attended and was one of the largest turnouts in the event’s history. Former Regent and U.S. Foundation President Chuck Dick was recognized for his service. Past President O’Donnell spoke before dinner and thanked host Don Rushing as well as Regent Peter Akmajian for his service as Regent. Southern California Chair Gerry Klein was also thanked for his service. Fellow Kim Oberrecht was complimented for her outstanding work handling all the details of the dinner. Past President O’Donnell then spoke on the various successful recent programs of the College, such as the Boot Camp Trial Training program in London and the Diversity Trial Advocacy Program in Chicago. The importance of identifying and considering qualified diverse candidates was also discussed. Fellow Kim Oberrecht spoke last and had the privilege of honoring Emeritus Fellow Tom Sharkey. Sharkey is 93 years young and has been a Fellow for over 40 years.
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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.
Arkansas
Jack W. Holt, Jr., ’84, Little Rock, March 5, 2023
California
David C. Grant, ’09, Irvine, March 15, 2023
Ralph A. Lombardi, ’89, Piedmont, December 20, 2022
Michael D. Senneff, ’93, Santa Rosa, February 22, 2023
Florida
Keith F. Bode, ’81, Vero Beach, January 9, 2023
Georgia
William H. Pinson, Jr., ’94, Savannah, March 20, 2023
New York
James M. Conboy, ’80, Albany, March 1, 2023
Ohio
John P. Gallagher, ’84, Elyria, February 23, 2023
Oklahoma
Bob W. Rabon, ’97, Hugo, March 5, 2023
Ontario
J. Bruce Carr-Harris, ’00, LSM, Ottawa, March 19, 2023
Texas
John A. Gilliam, ’84, Dallas, March 4, 2023
David H. Burrow, ’96, Gonzales, March 10, 2023
Utah
Gordon Roberts, ’82, Salt Lake City, February 28, 2023
Virginia
Edward B. MacMahon, Jr., ’14, Middleburg, March 12, 2023
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