Greetings to All Fellows:
With summer approaching, I hope everyone will be able to enjoy the warm weather with family and friends.
As you know from the last couple of issues of the e-Bulletin, the College has formed a Task Force on Civics Education, chaired by Former Regent Kathleen Trafford. The need for that Task Force was driven home recently with the release of scores by the National Assessment of Educational Progress (NAEP), which showed a decline in the average eighth grade scores on the 2022 civics assessment by two points since 2018, the first decline since the assessment began in 1998. Even more disturbing is the fact that only 22 percent of eighth graders scored at or about the NAEP Proficiency level in civics. These numbers make the work of our Task Force all the more important. You’ll hear additional information on the work of this Task Force in the months to come.
If you haven’t listened to Trial Tested, the College’s podcast, you’re missing out on some fascinating interviews and discussions. At the Spring Meeting in Key Biscayne, Fellow Bob Trout talked about his representation of Fellow Josh Treem. In a two-part series on Trial Tested, Fellow Amy Gunn delves even deeper with Josh Treem, Bob Trout and Bill Jeffries, an expert on legal ethics, into how a prominent criminal defense attorney came to be accused of obstruction of justice for simply doing his job. You can listen to that discussion by clicking here.
Best Regards,
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Susan J. Harriman
ACTL President
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2023 Annual Meeting in San Diego |
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Registration for the 2023 Annual Meeting in San Diego opens June 20. Featured speakers include two former United States Attorneys General, a retired Vice Admiral of the US Navy, authors, judges, and an expert in Artificial Intelligence (AI). Join us for exceptional evening entertainment, a motivational CLE and a dose of SoCal sunshine. Click here for more information or watch the video below for an exciting preview of some of the sights, tours and experiences awaiting you in San Diego.
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Innocence Project New Orleans (IPNO) has been selected as the 2023 Emil Gumpert Award recipient. The award, the highest honor conferred by the American College of Trial Lawyers on a single organization annually, recognizes programs whose principal purpose is to maintain and improve the administration of justice. It comes with a $150,000 grant.
IPNO was founded in 2001 to free innocent people incarcerated in Louisiana. Since 2001, IPNO has freed forty-three innocent people from prison who spent over 1,033 years in prison between them. In 2020, IPNO launched Innocence Project New Orleans’s Unjust Punishment Project (UPP) to free people serving excessive sentences in Louisiana prisons. The UPP seeks justice for people who were sentenced to inhumane sentences for crimes that are often symptoms of poverty, addiction, and mental illness. Through litigation and advocacy, the UPP has secured the release of sixteen people serving life sentences who spent a combined total of 273 years in prison.
The $150,000 grant from the ACTL Foundation will directly impact unjustly sentenced people in Louisiana. Through its work, IPNO seeks to build an equitable, unbiased, and just criminal legal system where everyone is treated with dignity and humanity. Read the entire press release here.
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Get Involved:
Committee Appointments 2023-2024
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The College is working on committee appointments for the 2023-2024 term, which begins in September. Serving on a committee is a great way to get involved and help further the important work of the College.
State and Province Committees are responsible for the identification and nomination of potential new Fellows, and they also organize local outreach activities.
General Committees each have a specific mandate to guide their work, engaging in activities such as publishing white papers, supporting advocacy training, and much more.
Visit our Get Involved page to learn more about committee service. From there, you can fill out our online Get Involved form and we will work to get you appointed to one of the committees that interests you.
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Fellow John M. Albano has been inducted into the New England Newspaper Hall of Fame, being recognized for his extraordinary contributions to the news industry and communities within the New England six-state region.
Fellow Rebecca "Becky" Lafitte was recently awarded the prestigious Compleat Lawyer Award. Recipients are individuals who have made significant contributions to the legal profession and exemplify the highest standards of professional competence, ethics and integrity.
Fellow Thomas Riney has been selected to receive the 2023 Chief Justice Charles L Reynolds Lifetime Achievement Award from the Amarillo Area Bar Association.
Fellow Craig Carpenito was honored with the Distinguished Graduate Award by Seton Hall Law School at its Annual Alumni Gala on May 5.
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“Chart[ing] a Path Forward When There is No Map”
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When the COVID-19 pandemic unceremoniously and ferociously arrived in 2020, business colleagues and strategists Sandeep Pahuja and Alice Kogan published an article in UX Magazine entitled “4 Strategies to Chart a Path Forward When There Is No Map.” The premise was that, while the scale of the crisis was new, the uncertainty that it generated was “a natural condition of doing business” for which tools existed to mitigate the situation.
The business world has not cornered the market on uncertainty, which also exists in the legal realm of ensuring access to justice for the underrepresented and underserved in our society. If ever there were a paradigm of the latter two categories, it would have to be the court-involved students with disabilities (often mental or emotional) in their late teens and early twenties served by the School Justice Project (“SJP”). You may recall from the article in this column when SJP received a grant from the ACTL Foundation about a year ago that the organization advocates for access to free, high quality special education legal services for such students in the juvenile and criminal justice systems in the District of Columbia. Such students have historically and routinely been denied both the education to which they are legally entitled and the legal assistance to fight for that right. That unfortunate combination leads to uncertainty about virtually all aspects of their paths forward, and certainly no map existed in the District of Columbia to guide them to a more fortuitous destination.
That is, no map existed until 2022 when the D.C. Council passed legislation (§ 16-714 of the D.C. Code) requiring the Superior Court to establish a special education attorney panel in criminal court, with a funding mechanism pursuant to which the D.C. Office of Victim Services and Justice Grants (“OVSJG”) would provide funds annually to a special education legal services organization for court-involved students with disabilities. The glove fits so well that one might be tempted to think that the criteria were written with SJP front of mind!
Not surprisingly, OVSJG selected none other than SJP as the recipient of the $70,000 inaugural grant for this initiative, covering the five-month period of May through September, 2023. I would like to think that the grant that the Foundation awarded SJP allowed that organization to stand a step apart, illuminated by the spotlight that we focused on them! But, regardless of whether that is the case, the OVSJG grant will allow SJP to support the Superior Court in establishing a special education attorney panel in criminal court, to provide training and technical assistance to court professionals on how to integrate special education law in the criminal court, and to provide direct special education legal representation to court-involved students with disabilities. Otherwise stated, SJP is drafting the first map that illuminates the path forward for these underserved, and often forgotten, students.
Additional funding of up to $300,000 will be available for the period of October 1, 2023 through September 30, 2024. SJP is already hard at work applying for that funding. Given the extraordinary commitment of the lawyers who are SJP’s lifeblood, I would put my money on this wonderful organization attracting the additional funds necessary to continue carrying out their critical mission.
The Foundation is proud to have been one of SJP’s earlier grantors. As already noted, SJP is providing a path forward, and a map to follow, for teens and young adults who have carried a disproportionate burden for far too long. We applaud the OVSJG for joining us in making SJP’s important work possible, and we hope that other organizations in other jurisdictions will avail themselves of the map created by SJP.
Because justice can’t wait . . .
Joan A. Lukey
President, ACTL Foundation
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State and Province Committees
Colorado: On March 9, the Colorado Fellows presented their annual trial skills program at Colorado CLE. Numerous Fellows and judges presented at the day-long workshop, which had nearly 100 virtual and in-person attendees. Their Summer Party is set for August 1 at Cherry Hills Country Club.
Florida: In conjunction with the Orange County Bar Association, the American Bar Association, Litigation Section, and the Federal Bar Association, Orlando Chapter, the Florida Fellows are presenting a Boot Camp Trial Training Program on June 2 in the U.S. District Courthouse Annex in Orlando. This year they will be presenting the Murder Trial of Al Capone for the St. Valentine’s Day Massacre.
Michigan: The Fellows held their Spring Get Together on May 25, 2023 at the Cascade Hills Country Club in Grand Rapids, Michigan. They will also be hosting a Summer Boot Camp – Anatomy of a Trial on June 21, 2023 at the U.S. District Court for the Western District of Michigan. The Program is being coordinated by Fellows Britt Cobb, Mike Turco and Tom Behm. The Fellows will 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 in Northern Michigan.
New Jersey: The Annual Gala and presentation of the Francis X. Dee Award to Judicial Fellow Christine O’Hearn, U.S. District Court Judge, is set for July 18 at the Park Chateau in East Brunswick. Fellows Bill Wallach and Dennis Drasco have organized a seminar entitled “Alternatives to the Court House in a Post-COVID Environment” for Rutgers Law School. They will be joined on the panel by former Chief Judge Freda Wolfson, with Committee Chair Ed Kole serving as moderator. The Fellows are also planning a Boot Camp Trial Training Program, collaborating with both the Delaware and Pennsylvania State Committees.
South Carolina: On May 18th, Fellows sponsored a CLE seminar in conjunction with the South Carolina Bar on the topics of civility, professionalism and ethics. The event was held at the University of South Carolina School of Law and moderated by past State Chair Wallace Lightsey and State Committee Outreach Liaison Robbie Foster.
Texas: At their recent retreat, the Fellows honored Past President David Beck with the Joe Reynolds Award for “exemplifying the qualities of ethics and professionalism embodied in the College’s Codes of Trial and Pretrial Conduct and whose actions and accomplishments manifest a lifetime commitment to advancing the administration of justice through service in the legal profession.” In addition, on June 30, the Austin Fellows will present a Boot Camp Trial Training Program in conjunction with the Austin Young Lawyers Association.
Wyoming: The Fellows have worked diligently to ensure the continuation of the Summer Trial Institute (STI) at the University of Wyoming. STI offers third year law students the opportunity to return early for their final year and attend an intensive training program in trial practice culminating in a mock trial before the semester begins. The curriculum is taught by experienced trial lawyers, many of which are Wyoming Fellows, on a volunteer basis. The State Chair has also spent considerable time working with the Wyoming Civil Rules Committee to correct procedural problems created by the interplay between Wyoming’s “Savings Statute” and the current Rule 3.
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Beverley McLachlin Access to Justice Award
The Award, named for The Honourable Beverley McLachlin, former Chief Justice of the Supreme Court of Canada, is to be awarded to 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. The Award will recognize innovative measures or extraordinary personal commitment and professional dedication which have enhanced access to justice in the United States or Canada. To view the list of previous recipients, click here.
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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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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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Ontario Fellows Dinner, Toronto: April 26, 2023
President Harriman attended the Ontario Fellows Dinner on April 26, held at the Modus Ristorante. While there, she met Fellow Sheila Block, believed to be the first woman Fellow in Ontario. After presenting plaques to the winners of the Gale Cup, President Harriman addressed the crowd. Numerous Leaders of the College were present, including Past President Jeff Leon, Secretary-Designate Sandy Forbes, Regent Michelle Awad and Regent Bernard Amyot. Also present was Fellow Guy Pratte, who was presented with the David W. Scott Award. President Harriman provided remarks, emphasizing the work of the College, including the recently established Task Force on Mental Health Awareness and Task Force on Civics Education. She also encouraged everyone to attend the upcoming Annual Meeting in San Diego. Past President Jeff Leon then spoke about recently deceased Fellow Bruce Carr-Harris. The Ontario Fellows Dinner was their first in-person gathering since 2019.
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Western Pennsylvania Fellows Dinner, Pittsburgh: April 27, 2023
President Harriman travelled to Pittsburgh to attend the Western Pennsylvania Fellows Dinner at the Kimpton Hotel Monaco. Regent Katie Recker and State Vice Chair Veronica Richards attended the event, along with a full contingent of Fellows. President Harriman visited with many new Fellows and met Inductee Brendan Lupetin, as well as Hon. Christine Donahue, a Judicial Fellow who sits on the Pennsylvania Supreme Court. During her remarks, President Harriman thanked Katie Recker for her work as Regent, then spoke about how the work of the College provides a positive influence around both the United States and Canada. She mentioned the Judicial Independence Committee’s work on an open letter to the Senate, the Task Force on Mental Health Awareness, and the Task Force on Civics Education. She also stressed the importance of diversity and inclusion and the importance of these values to the College. She concluded by promoting the Annual Meeting in San Diego and highlighting the great group of speakers obtained by President-Elect Murphy. Fellow John Gismondi then discussed Project LITIGATE (Lawyer’s Initiative to Improve next Gen Attorneys’ Trial Experience). Notably, the three Judicial Fellows in attendance – the Vice Chair, the Regent, and the President – were all women.
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Diversity Trial Advocacy Program, Chicago: May 5-7, 2023
President Harriman traveled to Chicago for the Diversity Trial Advocacy Program, hosted by Kirkland & Ellis and helmed by Tom Heiden, Chair of the Teaching of Trial and Appellate Advocacy Committee. Past President Doug Young along with Fellows Steve Patton, Jim Quinn, Dave Berg, Diane MacArthur, Jeff Fisher, Maurice Jenkins, Leigh Skipper, Tom Watkins, Helen Witt, Gerry Ivey, Junior Sirivar, Amy Campanelli, Maria McCarthy and Anita Alvarez served as faculty members. Tom Heiden kicked off the program and welcomed the participants before introducing President Harriman, who spoke about the College and its mission to maintain and improve the standards of trial practice as well as the importance of diversity. The program began with excellent and entertaining demonstrations of direct and cross examination. Thereafter, attendees were divided into groups of four to allow each participant to practice direct and cross examinations. Due to the incredible popularity of this program and an extensive waitlist, a second event is now scheduled to take place in Chicago this October.
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Missouri Fellows Retreat, Ridgedale: May 6-7, 2023
Big Cedar Lodge in the Ozarks, near Springfield, Missouri, served as host venue for the Missouri Fellows Retreat on May 6 and 7, 2023. A welcome reception was held at the conference center on Friday evening. President Harriman joined Regent Greg Lederer and his wife, Elizabeth, along with the speakers scheduled for the following day and Fellow Don Downing for dinner at Top of the Rock. The formal program began Saturday morning with Fellow Amy Gunn welcoming the group and introducing the speakers. Fellow Debbie Champion moderated a panel discussion with Appellate Court judges Gary Witt, Jack Goodman, Becky Borthwick and Michael Garner. Following the panel discussion, Amy Gunn reprised her interview of Kate Murphy (whom Amy had interviewed at the 2022 Spring Meeting in Coronado) about the subject of Kate’s book “You’re Not Listening: What You’re Missing and Why It Matters.” A reception and dinner on Saturday evening were again held at the Top of the Rock. President Harriman provided remarks, acknowledging Regent Greg Lederer for his great work as Regent, Kent Hyde, who is finished up his term as chair of the Heritage Committee, and the wonderful work that Amy Gunn is doing as a host of the College podcast Trial Tested. She then spoke about relevance, both in terms of how the College can make a difference and in terms of its membership. She also spoke about how the college values diversity as the key to growth and urged everyone to be on the lookout for qualified candidates.
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Arizona Fellows Gathering, Phoenix: May 11, 2023:
On May 11, 2023, President Harriman flew to Phoenix and met with Fellows Burr Udall, Laura Udall, Jeff Willis and Dan Cavett and Regent Peter Akmajian. After watching the Celtics beat Philadelphia, they joined members of the state committee and other Arizona Fellows at the home of State Chair Kate Corcoran. This was a quick visit, with no formal program, but it provided an opportunity to socialize and to thank Peter Akmajian, whose terms ends soon, for his contributions as a Regent.
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Corporate Counsel Program, Chicago: May 11-12, 2023
The inaugural ACTL Corporate Litigation Counsel Trial Advocacy Program was held in the offices of Winston & Strawn in downtown Chicago. The two-day educational event was held May 11-12 and was attended by fifty corporate counsel along with ten Fellows and Judicial Fellows. Immediate Past President Michael O’Donnell attended on behalf of the College and served as an instructor. Past President O’Donnell opened the program and thanked the Fellows who were presenting on trial counsel selection, preserving the record on appeal, avoiding the nuclear verdict, fair juries and jury research, opening statements, ethics for in-house counsel managing litigation, expert witnesses (including a demonstration of direct and cross strategies), closing arguments, and what keeps corporate counsel GCs up at night. Past President Doug Young provided closing comments as the event concluded on Friday. The program was very well received.
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Texas Fellows Retreat, San Antonio: May 12-13, 2023
President Harriman joined the Texas Fellows for a retreat held at La Cantera Resort & Spa in San Antonio. The weekend was fun-filled and provided excellent continuing education, entertainment, and opportunities to socialize. Fellow Dicky Gregg spoke about the history of Guantanamo, his representation of a prisoner there, and presented a highly informative talk about Guantanamo. Next, Erica Gregg, Dicky’s daughter and past director of the Texas Lawyers Assistance Project gave a moving talk about “How to live a healthy life despite being a trial lawyer.” Her passion was evident as she included her own life story, including personal struggles. State Chair Robby Alden introduced President Harriman and she spoke about the current affairs of the College. Past Presidents Rodney Acker and David Beck were in attendance and were recognized. At dinner Saturday evening, State Chair Robby Alden was the emcee and awarded Past President David Beck with the Joe Reynolds Award, who was very surprised and grateful.
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Oklahoma Fellows Retreat, Tulsa: May 19-20, 2023
After a challenging day of travel due to weather, President Harriman attended the Oklahoma Fellows Retreat at the Shangri La Resort on Monkey Island at Grand Lake, just outside of Tulsa. The meeting was emceed by State Chair Karen Callahan. Regent Don Folluo also spoke, emphasizing the need to find new Fellows. President Harriman spoke as well, discussing the ACTL Task Forces on Mental Health Awareness and Civics Education. Keynote speaker John Frucci, an assistant professor at Oklahoma State University, spoke about his experiences as a first responder at the World Trade Center on 9/11 and about his expertise as a forensic investigator of explosive devices. Professor Frucci openly discussed his own mental health challenges following 9/11 and the treatment he received. All Fellows were warmly invited to the upcoming Annual Meeting in San Diego.
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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.
British Columbia
John L. Nesbitt, Q.C., ’86, Victoria, August 18, 2022
California
Walter Weiss, ’80, Los Angeles, April 12, 2023
Florida
Mark L. Horwitz, ’96, Orlando, May 19, 2023
Kansas
R. Lawrence Ward, ’80, Overland Park, May 7, 2023
Nebraska
Richard A. Knudsen, ’70, Lincoln, May 5, 2023
New Jersey
Michael D. Loprete, ’92, Holmdel, May 10, 2023
North Carolina
Roger W. Smith, Sr., ’94, Raleigh, February 28, 2023
Tennessee
Ward DeWitt, Jr., ’81, Nashville, April 23, 2023
Virginia
Carl C. Gillespie, Jr., ’81, Bluefield, May 3, 2023
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