April 2024

Dear Fellows:

I recently had the pleasure of attending a program co-sponsored by the New Jersey State Committee and the Historical Society for the District of New Jersey. It was entitled: “The Art of the Jury Trial: Historic Criminal Trials in New Jersey Federal Courts.” This program was the brainchild of NJ State Chair Eric Breslin. The outcome was a presentation held in the federal courthouse in Newark during which seven vignettes were presented by participants in famous trials that had taken place in that courthouse in the 1970s through 2008 (not surprisingly, most of these cases involved political corruption). The program was a huge success.



I estimate that the in-person audience was about 150 attorneys; in addition, most of the sitting federal judges and magistrate judges in the Newark courthouse were seated in the jury box. The event was livestreamed, and Eric estimated that the total audience may have exceeded 300 persons (not including the numbers from a few NYC firms who livestreamed the event to their associates).

The participants included the legendary former prosecutor and retired District Judge Herbert Sterns, who recounted his role as prosecutor of the Hudson County Eight. Judge Stern, at age 87, gave a clear and concise recitation of the events in that trial. He was followed by Michael Himmel, who prosecuted David Friedland, the handsome NJ attorney who faked his own death in a scuba diving accident in the Bahamas, following his guilty plea but before his scheduled sentencing. He was re-indicted shortly after he disappeared because federal prosecutors did not believe the reports of his death, and he was eventually captured in the Maldives. Fellow Joe Hayden spoke next about his role in prosecuting beloved Hudson County political boss and local hero, David Musto, who was re-elected in spite of his conviction. Fellow Ted Wells spoke of his first major first chair criminal defense in the trial of Harold Ruvoldt, who was indicted while serving as the elected prosecutor of Hudson County. Ruvoldt’s acquittal launched Ted’s career as a go-to defense attorney. Fellow Michael Critchley described the RICO trial of Tony Accetturo, an alleged mobster who was acquitted following a lengthy, two-year trial. US Court of Appeals Judge Patty Schwartz described her role as then prosecutor in the US Attorney’s Office who tried several local police officers for violating the civil rights of a misidentified suspect in the homicide of a fellow officer. The officers murdered the suspect and Judge Shwartz obtained a conviction that went through numerous appeals and post-trial proceedings. Finally, Tom Ashley described his defense of Sharpe James, the longtime mayor of Newark, who was convicted based on the testimony of a former female friend that James refused to allow his attorneys to cross-examine. 

Each of the presentations was well done and well received by the audience. The presenters told their war stories to great effect and with great emphasis on the qualities of the adversaries they faced, the judges who presided over their cases, and the lifelong respect they held for each other as fellow members of the New Jersey bar. I am suggesting that other State and Province Committees might consider organizing similar programs focusing on historic trials in their jurisdictions, and calling upon the lawyers who handled those cases. It would be a fitting prelude to the ACTL’s 75^th Anniversary Meeting in Washington in September 2025. The New Jersey program certainly enhanced the reputation of the College with the federal judges and local practitioners in attendance, and the presenters highlighted the qualities of trial practice that are essential to our mission.

Pictured above are the participants in the New Jersey program. From left to right – Keith Miller of the Historical Society, Tom Ashley, Michael Critchley, Presiding Judge Stanley Chesler, Judge Patty Schwartz, Retired Judge Herbert Stern, Ted Wells, Joe Hayden, and Eric Breslin. Michael Himmel is missing from the photo.  

Best regards,

William J. Murphy

ACTL President

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State Committee Chair Kathleen M. McCauley was one of only five women Virginia attorneys named to the inaugural “Circle of Excellence” by Virginia Lawyers Weekly. The awards program honors women attorneys and judges for their excellent work on behalf of the justice system and for their clients, their commitment to their communities, and their service to the profession.

Fellow William Dailey was featured in an article in Massachusetts Lawyers Weekly. To read the article, click here.

General Committees

Access to Justice and Distinguished Pro Bono: The combined committees organized and executed a 2 ½ hour workshop on the effective cross-examination of expert witnesses at the national conference of the Innocence Network in New Orleans on March 23. The Committees were particularly honored to have as faculty Judicial Fellow Brian Jackson of the middle district of Louisiana and Fellow Jason Williams, the district attorney of New Orleans. They were joined by Fellows Rebecca Hudsmith and Billy Gibbens of New Orleans, John Gisleson of Pittsburgh and Committee Chair Dinyar Marzban of Vancouver. Topics included judicial and prosecutorial perspectives on experts, the selection of experts and the cross-examination of coroners and DNA and blood splatter experts. John Gisleson concluded the presentation with a comprehensive summary of basic cross-examination techniques and strategies. Our involvement in the conference was initiated by Committee Member Sam Silver of Pittsburgh who, along with Committee Chair Mark Surprenant, Committee Vice Chair Kimball Anderson and Committee Member Judy Barrasso, recruited and coordinated the speakers. [for Fellows interested in watching the recorded program, more information will be available soon]

Heritage: In addition to installing the new “Did You Know” feature here in the eBulletin, the committee also contributes regular Fellow Spotlights in the Journal. Most recently, Committee Member Ron McLean wrote about Fellow Terry West in the winter issue.

Mentoring: The Committee is excited to launch the 2024 “Summer Judicial Internship Mentoring Program,” through which the College partners with Just The Beginning, which provides federal court internships for first-generation and minority law students. The College provides mentors and the US Foundation approved a grant providing stipends for twenty-one interns. In 2023, the Mentoring Committee expanded the program to include all JTB interns, and approximately 120 Fellows mentored nearly 100 interns. This summer we have approximately ninety JTB interns in twenty-six states. The Committee will be reaching out to those State Chairs to identify Fellows to serve as mentors.

National Trial Competition Committee: The NTC Committee is preparing to travel to Houston on April 3 to participate as judges in the finals rounds of the National Trial Competition, alongside a number of local Fellows. 300 teams from 150 law schools began the competition in February by competing in one of fifteen Regions. The top thirty teams will face off in Houston, where one team will be crowned as national champions. This year’s finals problem is a criminal, first degree murder case drafted by our own Committee Member Laura Menninger.

State and Province Committees

Michigan: The Michigan Fellows will be hosting the Region 9 Summer Meeting (Fellows from Ohio, Michigan, Kentucky and Tennessee) on June 21-23, 2024 at the Grand Traverse Resort in Traverse City, Michigan.

North Carolina: The Fellows are conducting professionalism seminars at law schools. Fellows conducted an initial seminar at Duke University and another at Campbell University on March 19. The chapter is working to confirm dates for UNC, NC Central and Wake Forest law schools. These seminars have been extremely well received, very educational for the students, and provide young lawyers with exposure to the College. The chapter is also laying the groundwork to hold a Boot Camp in North Carolina in the fall.



Washington: The 2024 Northwest Regional Meeting will take place at the Suncadia Resort in Cle Elum, Washington, on July 18-20. The venue is exceptional, located in the Cascade Range with miles of trails, three championship golf courses, and a wealth of outdoor adventure opportunities. The Washington State Committee has put together a compelling program that will include General James N. Mattis, former Secretary of Defense, as a featured speaker.  

We hope you enjoyed last month’s first installment of Did You Know, the new eBulletin feature brought to you by the Heritage Committee. This new section brings interesting facts and history about the College to each monthly issue of the eBulletin. Let us know what you think!

DID YOU KNOW that the College’s Code of Pre-Trial and Trial Conduct was first quoted by an Illinois State Appeal Court in a divorce proceeding? Judge Hugo M. Friend quoted from the Section entitled, “Relations With Opposing Counsel” that said, in part, that lawyers “should avoid indulgence in disparaging personal remarks or acrimony toward opposing counsel and should remain wholly uninfluenced by any ill feeling between respective clients.” As true in 1957 as it is today.

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 2024 Emil Gumpert Award will be presented to the Early Eviction Mediation Program at The Mediation Center of the Pacific, Inc.

This active committee is looking for additional members to help determine the 2025 Emil Gumpert Award recipient. If you are interesting in joining this committee, please contact Committee Chair Dave Indiano at david.indiano@indianowilliams.com or Amy Mrugalski at amrugalski@actl.com.

Gale Cup, Toronto, Ontario, February 9-10, 2024:

President Murphy and his wife Pat traveled to Toronto for the Gale Cup Competition on February 9. The visit began with a dinner hosted by Secretary Sandy Forbes and her husband, Fellow Stephen Grant, followed by an exploration of downtown Toronto the next morning. At the Gale Cup luncheon later that day, the four finalist teams were announced, followed by the final competition at 1:30pm. The University of Toronto (a team of four women) emerged as the winner, Universite de Montreal finished second (all four women), University of Alberta finished third (three women – including the winner of the McLachlin Prize for Best Female Mooter, Chiara Concini, and the University of Victoria took fourth (three women). Notably, the winners of the Dickson Medals were Olivia Ramos from Dalhousie University, Brynne Dalmao from the University of Toronto, and Marie de Guise from Universite de Montreal (again, all women). President Murphy reflected that we should expect to see many future women inductees in the College from Canada.

South Carolina Fellows Meeting, Palmetto Bluffs, February 22-25, 2024:

President Murphy and his wife Pat attended the weekend meeting of the South Carolina Fellows at The Montage at Palmetto Bluffs. In between spending time among the lagoons and alligators and attending the State Committee Meeting, President Murphy joined about forty Fellows and their spouses in a reception and dinner to kick off the weekend. Following a Saturday morning business meeting of all the South Carolina State Fellows, Judicial Fellow Marvin Quattlebaum, of the Fourth Circuit, addressed the group on the importance of judicial independence in these turbulent times. Other speakers included Fellow William C. Hubbard, Dean of the University of South Carolina law school, and former Governor David Beasley, who spoke about his extensive work with the United Nations World Food Programme and his encounters with leaders of numerous countries facing famine and starvation throughout the world. That evening, the Fellows and spouses all attended a black-tie dinner. President Murphy delivered remarks, emphasizing the Civic Education Program in collaboration with the National Constitution Center and the need for vigilance in protecting judicial independence.  

Sopinka Cup, Ottawa, Ontario, March 9-10, 2024:

On March 15, 2024, Immediate Past President Susan Harriman embarked on a trip to Ottawa to attend the Sopinka Cup. After attending a reception and receiving a tour of the Supreme Court, Harriman had the pleasure of speaking with Justice Mahmud Jamal and Justice Sheilah L. Martin of the Supreme Court of Canada. The bilingual competition showcased outstanding talent, with the winning team emerging from the University of Montreal. Following the competition, Harriman provided remarks at a reception and dinner, as did Justice Melanie Sopinka, daughter of the late Mr. Justice John Sopinka, Fellow of the College and for whom the competition is named. 

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.

Alberta

Phyllis Smith, KC, ’94, Edmonton, March 15, 2024

Arizona

Michael A. Beale, ’87. Surprise, February 7, 2024

District of Columbia

Richard Hibey, ’84, Washington, February 19, 2024

Florida

Jared M. Billings, ’76, Winter Park, March 12, 2024

Illinois

Frank Cicero, Jr., ’81, Chicago, February 25, 2024

Indiana

John W, Whiteleather, Jr., ’89, Columbia City, March 12, 2024

Maryland

Hon. James P. Salmon, ’85, Upper Marlboro, January 17, 2024

Ohio

Louis E. Gerber, ’76, Columbus, February 17, 2024

Vermont

John B. LaVecchia, ’81, Manchester Center, March 6, 2024

Virginia

Russell H. Roberts, ’85, Fredericksburg, August 29, 2023

Washington

Daniel E. Tolfree, ’84, Mukilteo, February 2024

Mark Vovos, ’91, Spokane, November 7, 2023

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