"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."
- Emil Gumpert, Chancellor and Founder
March 2023
Greetings to all Fellows,

I wish to thank all of you who have volunteered to be judges in our law school competitions: the National Moot Court, the National Trial, the Gale Cup and the Sopinka Cup. These competitions provide a great opportunity to nurture young legal talent and fit within our mission of improving the standards of trial practice. As I’m writing this note, the National Moot Court Competition just wrapped up, and I had the privilege of joining a bench of six (four real judges, the President of the NY City Bar and me) for the final round. We owe all of you a debt of gratitude. It takes time to be a judge, not just the time sitting on the bench for the round that you’re judging but also the time in advance studying the record and crafting questions. You did a terrific job. The finalists knew the record inside and out and were prepared for every question thrown at them. They were outstanding and someday will be truly gifted trial lawyers. I know that many of our Fellows are former Moot Court participants and winners. It doesn’t take a lot of foresight to predict that that trend will continue. (In case you’re curious, Mercer University School of Law placed first and Drake University School of Law placed second). I’d like to acknowledge and thank all the members of the National Moot Court Committee and its chair, Arturo Gonzalez. I’m looking forward to heading to Ottawa for the Gale Cup finals in early March and to San Antonio for the finals of the National Trial Competition in late March/early April. Unfortunately, my schedule doesn’t permit me to attend the Sopinka Cup finals, but Immediate Past President Mike O’Donnell will be there. 

I’m happy to report that registration for the Diversity Trial Advocacy Program being held in Chicago this May is full. The reviews from last year were so overwhelmingly positive that it made this year’s recruitment easy. We have already received some good publicity for this year’s program from AmLaw; click here to read the article. We not only have a wait list of interested participants, but we have a full faculty of Fellows. I can’t thank you all enough for volunteering to help and for working toward our mission to seek “to improve the standards of trial practice.”  

As I write this final paragraph, I am just home from a truly wonderful Spring Meeting – more on that in the next issue of the eBulletin. One of the highlights of the program was a very moving talk about mental health by the former Chief Justice of the New Hampshire Supreme Court, John Broderick, who is also a judicial fellow. Justice Broderick gave a moving and impassioned talk about the impact of mental health problems on his own family and the need for more mental health awareness. The College will respond to his call to arms, but in the meantime, please check out the flyer that Justice Broderick showed us about the five signs of mental health issues and the steps each of us can take to help. 

Best Regards,
Susan J. Harriman
ACTL President
Trial Skills Training for Pro Bono Attorneys
The Downstate New York Fellows, in collaboration with the National Institute of Trial Advocacy, presents: Trial Skills Training for Pro Bono Attorneys on Monday, March 6 from 8:30 am to 4:00 pm. For more information, please reach out to Online Advisory Committee Chair Larry Krantz at lkrantz@krantzberman.com.
In-House Counsel Program
A new Corporate Litigation Counsel Trial Advocacy Program will be held May 11-13, 2023, in Chicago, hosted by DLA Piper. This program aims to help in-house litigation group attorneys better manage litigation by and against their companies (as both Plaintiffs and Defendants). ACTL Fellows will offer demonstrations of jury selection, opening statements, direct and cross examination, impeachment, and closing argument, culminating in a mock trial of the program case file. 

For more information or to recommend attendees for this free, educational program, please contact Committee Chair Tom Heiden
Fellow David Weinstein will be honored as a 2023 Distinguished Alumnus for Texas Tech University School of Law on March 4.
General Committees

Access to Justice and Legal Services and Pro Bono: Our Access to Justice and Legal Services and Distinguished Pro Bono Fellows Committees have started a new program focusing on how the College can further the excellent work being done by innocence projects across the USA. There is a particular need at this time for Fellows to volunteer to serve as Pro Bono General Counsel for local innocence projects. This can be extremely rewarding work, yet not be as time-consuming as taking on the representation of a particular client seeking relief from unjust imprisonment. If you are interested in obtaining more information as to what this may entail, please contact Mark Surprenant at 504-585-0213 or mark.surprenant@arlaw.com.

Adjunct Fellowship: The committee is actively seeking input from all Fellows on potential candidates with a multi-jurisdictional trial practice that might not otherwise be identified by their State or Province Committee. We welcome your recommendations!

Admission to Fellowship: The committee is reviewing nomination forms and processes to recommend changes to make the forms and procedures more uniform and user-friendly.

Advocacy in the 21st Century: As courts implement more permanent rules about remote/hybrid proceedings, the committee is looking for empirical research with qualitative measures which will allow evidence-based decisions to be made. The committee is also looking at ‘Ethics and Professionalism in Remote Proceedings’, hoping to produce a white paper and will be examining Artificial Intelligence as it impacts litigation.

Beverley McLachlin Access to Justice Award: The committee is in the final stages of identifying candidates to consider as potential nominees. If you have a suggestion for a judge or a member of the bar in the United States or Canada, whether or not a Fellow of the College, who has played an exceptional role in creating and promoting access to justice, please reach out to Committee Chair David Ross, dross@ramllp.com.

Boot Camp Trial Training Program: The committee invites you to request a Boot Camp in your jurisdiction. Upcoming programs include Maryland, Salt Lake City, Washington D.C, Atlanta, Orlando and Austin. Also, the committee would like to expand its free library for young lawyers. If you have any writings to share, contact Committee Chair Paul Sandler, pms@shapirosher.com.

Complex Litigation: The committee is working on developing a new practice guide on Bankruptcy Litigation – any interested Fellows are welcome to work with us on that publication. We have also launched a series of “Lunch and Learn” programs via Zoom featuring informal talks with guest speakers on topics relating to complex litigation. Our next program, at noon ET on March 14, 2023, will feature Shari Diamond, Ph.D., a Northwestern Law Professor who conducts empirical research on issues relating to trials. Dr. Diamond will discuss with us her current research regarding expert testimony at trial. If you would like to be included in the invitation list for these programs, please contact Committee Chair Terri Mascherin at tmascherin@jenner.com.

Federal Civil Procedure: The committee meets at least twice each year to review and discuss possible rule amendments. Our focus is on the Civil Rules Advisory Committee of the Supreme Court. On matters which merit our input, the committee will publish a letter to the Civil Rules Advisory Committee concerning the merits or potential pitfalls of proposed rule changes. We also discuss rule issues brought to our attention by committee members or other Fellows of the College. That includes sharing war stories!

Federal Criminal Procedure: The committee has prepared a white paper recommending a rule change to permit federal bench trials without the government’s consent that will be published soon. We are also working on a project encouraging the expansion of diversion courts.

Federal Rules of Evidence: The committee has prepared a submission for consideration by the Board of Regents concerning the amendments proposed by the Judicial Conference Committee on FRE 611, 613, 801, 804, and 1006, and specifically FRE 611 concerning the proposed potential rule changes affecting demonstrative exhibits.

Gale Cup: Canada’s premier bilingual law school mooting competition, the Gale Cup Moot will be held on March 3 and 4, 2023 in Ottawa, Ontario, Canada with the final round being held at the Supreme Court of Canada followed by a reception in the Court’s Grand Foyer.

Griffin Bell Award for Courageous Advocacy: The committee continues to meet and discuss potential candidates on an ongoing basis. If you would like to recommend someone for the award, please contact Committee Chair Stuart Miller at smiller@mwlaw.com.

Heritage: Past President interviews took place at the recent Spring Meeting in Key Biscayne with Past Presidents Mike Smith and Bob Byman.

International: The committee completed a well-attended program in Palau for judges and lawyers from that region of the world in November 2022, and an upcoming program will occur this Spring in Warsaw, Poland. The committee is also hopeful that there will be a repeat of the London Bootcamp, in conjunction with the Boot Camp Committee, during the Fall of 2023.

Judicial Independence: The committee is preparing an “Open Letter to the Senate” with the goal of reforming the Senate Judiciary Committee’s examination of nominees to the Supreme Court. The committee believes that the confirmation hearings are having an adverse impact on our citizens’ view of the judiciary, and that the College can provide leadership in securing meaningful reform in this process. 

Judiciary: The committee is working to identify activities, with a focus on judicial education as well as developing relationships with the Federal Judicial Center and the National Center for State Courts.

Jury: The committee is actively advocating State Model Jury Committees to adopt ACTL Jury Instructions governed in cognitive science.

Legal Ethics and Professionalism: The committee continues to work on an update to the White Paper “Attorney-Client Privilege Update: Current and Recurring Issues.” The committee is also working on drafting guidelines for ethical issues that arise at trial, and is discussing with the Advocacy in the 21st Century Committee a possible joint paper on ethics and professionalism in remote advocacy.

Mentoring: The committee is actively recruiting Fellows from around the country to participate in the second year of the Summer Judicial Internship Program in partnership with Just The Beginning - A Pipeline Organization. JTB matches first generation law students with federal judges for summer internships in the judges’ chambers. With a combined $25,000 grant from the College and a $75,000 grant from the ACTL Foundation, twenty-one $4,500 stipends will be provided to participating students. Volunteer Fellows will work with the participating judges to devise mentoring programs that will enhance their experience as summer judicial interns and work one-on-one with the student interns in providing career guidance. The Mentoring Committee is also looking for opportunities to partner with other College committees to add a mentoring component to existing trial, moot court, and teaching programs sponsored by the College. 

National Moot Court Competition: Hundreds of students from 105 law schools participated in this year’s National Moot Court Competition. For the first time since 2019, the regional competitions were held in person, as were the finals. Thanks in part to a good turnout from our Fellows, we had enough judges for the regionals, the semi-finals, and the finals. Committee Chair Arturo Gonzalez and Regent Richard Strassberg judged in the semi-finals. President Harriman judged the finals, along with the Honorable Dennis Jacobs from the Second Circuit, the Honorable Michael Wiles, a bankruptcy judge for the SDNY, the Honorable Diane Gujarati, judge for the EDNY, and the Honorable Doris Ling-Cohen of the Appellate Division of the NY State Supreme Court. The winning team was from Mercer University School of Law in Macon, Georgia; the second place team was from Drake University. Thanks to all the Fellows who assisted with judging; please step up when it’s time to judge the competition again in the fall.  

National Trial Competition: The committee actively recruited judges for the fifteen Regional Trial Competitions that were held during one of the first three weekends of February. Two champions were chosen from each region and will compete at the final rounds in San Antonio, Texas at the end of March. Committee members will travel to San Antonio to help judge the competition, host a reception for all participants and coaches, and hand out awards at the closing banquet.   

Outreach: The committee has identified three overarching areas of focus, as it attempts to carry out its mission of outreach to the greater legal community: (1) promotion and growth of the listenership of the ACTL “Trial Tested” Podcast; (2) support and encouragement of CLE and other educational programs, including ACTL-sponsored national programs and state-level ACTL-related programs; and (3) judicial engagement and outreach. The committee has formed subcommittees/task forces to build specific action plans around each of these initiatives, and will be meeting shortly after the Spring Meeting in Key Biscayne to further discuss concrete steps the committee can take to move these initiatives forward. The committee intends to work closely with the state/province committees and their outreach designees and looks forward to officially kicking off these efforts in the coming months. 

Samuel E. Gates Litigation Award: This award is given to honor a lawyer or judge, whether or not a Fellow of the College, who has made a significant, exceptional and lasting contribution to the improvement of the litigation process. Nominations are open through September 30, 2023, and should include a biography of the nominee, letters of support which address the significant, exceptional and lasting contributions she or he has made to the litigation process, and other relevant information. Contact Committee Chair Paul Hickey, pjhickey1@msn.com, for more information.

Sandra Day O'Connor Jurist Award: The committee is seeking nominations. Candidates can be from either the United States or Canada and need not be a Fellow of the College. The criteria for the award is that the jurist has demonstrated exemplary judicial independence in the performance of judicial duties, perhaps in especially difficult or even dangerous circumstances. Nomination forms are available on the College website. Send your nomination to nationaloffice@actl.com, or to Committee Chair Todd Thompson, todd.thompson@333legal.com.

Sopinka Cup: The annual Sopinka Cup Competition will take place in Ottawa on March 17 and 18, 2023. It will be the first in-person competition since 2020. In 2021 and 2022 the competition was held virtually - and very successfully.

Teaching of Trial and Appellate Advocacy: The committee believes the College is uniquely qualified to nurture trust, confidence, and belief in our justice system and to serve as providing the standard for all things relating to excellence, equity, and ethics in our courtrooms. The committee is working on initiatives and programs to foster both, including the Diversity Trial Advocacy Program in May.

Thurgood Marshall Equality and Justice Award: The committee has bestowed its second award to Fellow Fred Gray. The award was presented to Mr. Gray in his home state of Alabama by Former Committee Chair and current Regent, Gregory Wells. The presentation was recorded and Mr. Gray’s abridged remarks were played at the Spring Meeting in Key Biscayne. Mr. Gray’s full remarks will be available on the College’s Learning and Resource Center.
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.
Sandra Day O'Connor Jurist Award

The Award is to be given from time to time to a judge in the United States or Canada, whether or not a Fellow of the College, who has demonstrated exemplary judicial independence in the performance of his or her duties, sometimes in especially difficult or even dangerous circumstances. To view previous recipients and submit a proposal for the Committee to consider click here.

Upcoming National Meetings:
2023 Annual Meeting
September 21-24
Marriott Marquis, San Diego California
2024 Spring Meeting
February 29 - March 3
Arizona Biltmore, A Waldorf Astoria Resort
Phoenix, Arizona
More events can be viewed on the College website. Click here for the Events Calendar.
National Moot Court Competition Finals, New York: February 1, 2023

President Harriman thoroughly enjoyed the opportunity to attend and participate in the final rounds of the National Moot Court Competition in New York, New York. The New York City Bar Association co-sponsored and hosted the event. NYC Bar President Susan Kohlmann commented on the distinguished legacy of the event and President Harriman noted the College’s pride in being such a long-time sponsor of the event. She also sat with a panel of distinguished judges for the final round. Zachary Mullinax and John Flowers of Mercer University School of Law prevailed over Elizabeth Boyer and Ben Wolf of Drake University School of Law in a very well argued final. John Flowers was selected as the best oral advocate. After deliberations, the judges provided constructive comments to the students, the most common of which was to speak more slowly. 
Manitoba Province Dinner Meeting, Manitoba: February 2, 2023

President-Elect William Murphy and his wife Pat joined fifteen Manitoba Fellows for the Province Dinner in Winnipeg. Cold was clearly the word for the evening. Despite the sub-zero temperatures (the coldest of the year, which is significant in Manitoba), of the eighteen Manitoba Fellows, fifteen attended. Regent Greg Lederer joined President-Elect Murphy and then they were greeted by Province Chair Saul Simmonds and Vice Chair Helga Van Iderstine, Vice Chair. Saul introduced several Fellows who had recently been appointed as King’s Counsel. He also noted that Helga had recently received the Richard J. Scott Award -- presented annually by the Law Society of Manitoba to an individual who has advanced the rule of law and contributed significantly to the independence of the legal profession. This award is named for the former Chief Justice of Manitoba. Following his retirement from the Bench, Judicial Fellow Scott remains an active practitioner and he and his wife Mary were present for the dinner meeting.
North Carolina and South Carolina Reception and Black-Tie Event, Bluffton: February 10-11, 2023

The Fellows of North Carolina and South Carolina met together at The Montage Palmetto Bluff, in Bluffton, South Carolina on Friday and Saturday, February 10 and 11. President Harriman was joined by Regent Moose Phillips and his wife Karen, along with several other Regents and Committee Chairs. It was the first time in over twenty years that the Fellows of both state chapters were able to gather together. Friday night’s reception and dinner were terrific. South Carolina State Chair Paul Gibson and North Carolina State Chair Tom Comerford each welcomed the group and Southern hospitality abounded. The Saturday morning meeting featured Assistant District Attorney for Cobb County, Georgia, Linda Dunikowski, who spoke on her experience as the prosecutor of the Ahmaud Arbery murder trial. That evening, approximately 150 Fellows, spouses and guests attended the Black-Tie Reception and Banquet. Following dinner, State Chair Gibson and State Chair Comerford each spoke briefly. President Harriman then spoke of the honor of judging the National Moot Court Competition and the continued need to find younger and more diverse candidates. Finally, she encouraged Fellows to volunteer on the many committees of the College to help further our mission of maintaining and improving the standards of trial practice.
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.

California
Robert D. De Luce, ’85, Palo Alto, January 22, 2023

Florida
Gerald T. (Jerry) Berry, ’16, Naples, January 31, 2023

Georgia
William N. Withrow, ’05, Atlanta, February 12, 2023

Illinois
Larry Rogers, Sr., ’11, Chicago, January 19, 2023

Indiana
Charles F. Leonard, ’95, Fort Wayne, September 20, 2020

Iowa
Arnold R. Witke, ’81, Des Moines, February 19, 2023

Kentucky
Donald L. Stepner, ’88, Union, February 19, 2023

Louisiana
James L. Dillon, ’92, Baton Rouge, October 4, 2020

Maryland
Walter Madden, ’96, Silver Spring, February 18, 2023

Missouri
Paul E. Vardeman, Jr., ’87, Kansas City, October 20, 2022

Nebraska
William J. Riley, ’92, Omaha, January 27, 2023

New York
Lawrence F. Scinto, ’79, Hartsdale, February 20, 2022

North Carolina
Giles A. Gaca, ’91, Chapel Hill, January 22, 2023

Pennsylvania
Charles B. Gibbons, ’04, Pittsburgh, February 1, 2023

Texas
James B. Sales, ’78, Houston, February 11, 2023

Washington
Arthur Dean Swanson, ’86, Renton, January 29, 2023
Shannon E. Stafford, ’80, Bellevue, January 30, 2023
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