Dear Fellow:

This year has provided me with an extraordinary opportunity to experience the civility and collegiality that exists amongst our Fellows, for which I am most grateful.  In these times of intense, emotional views on so many important issues, it is wonderful to see civility and respect displayed at the highest levels in our dealings with each other.  I thought about this in reading the remarks by Mr. Fay Vincent, former Commissioner of Major League Baseball, in describing political columnist Charles Krauthammer, shortly after Mr. Krauthammer announced that he had only a few weeks to live.  Mr. Vincent wrote:

He is the finest of our current political translators and commentators, well-suited for our age because of his contrast with it.  The prevalence of bloviating, uncivilized screamers makes Charles’s self-effacing reserve especially refreshing.  Slyly irreverent yet respectful and civil, he has a classic education and is literate when those attributes are being devalued . . . .

How timely in light of much we see in public discourse these days, including recent Congressional hearings. 

Walter Sinnott-Armstrong, of Duke University, wrote recently about the importance of being respectful in order to make better arguments:

We can’t singlehandedly civilize the internet or force elected officials to do their jobs.  What we can do is improve the quality of our interactions with people who disagree with us about contentious issues . . . It’s easy to get likes and applause on the internet by dismissing opponents as stupid, ignorant or crazy . . . Short, simple slogans are memorable, but good arguments take time.  A tweet is never long enough to explain any controversial position.

Let’s all strive to be examples of those who adhere to these principles in all our arguments, in the courtroom and elsewhere. 

Fellows in the College continue to do great work in advancing our mission.  We are particularly proud of the Fellows in Vermont and Downstate New York for the training programs conducted by them for lawyers in public service, as described further in this issue.  It is fair to say that programs such as these, while requiring some of our time, are universally well received by attendees and thoroughly enjoyable and rewarding to our Fellows.  If your state or province has not recently conducted a training program, please consider doing so.

Registration for the Annual Meeting in New Orleans opened in late June, and the early response is tremendous.  President-Elect Jeff Leon has arranged an outstanding program for our general sessions, and I urge you to register soon and attend.

Sam Franklin
College President

Meet the College in New Orleans for 2018 Annual Meeting

The 68th Annual Meeting of the College is fast approaching and President-Elect Jeffrey S. Leon, LSM has arranged an interesting array of speakers who will entertain and educate all those in attendance. On Friday, the College will introduce the Beverley McLachlin Access to Justice Award in honor of former Chief Justice McLachlin of the Supreme Court of Canada.  During the program the College will present her with a bust of her likeness sculpted by Past President Warren Lightfoot.  Other notable speakers include Dr. Michael White, Clarinetist, Composer and Educator; CC Lockwood, author and photographer; the College will also present Honorary Fellowship to Justice Sheilah Martin, Supreme Court of Canada and Fellow and civil rights attorney Fred D. Gray, just to name a few.  Following the General Session on Friday, Fred Gray will hold a special session to further account his involvement in the civil rights movement and his representation of Rosa Parks.  A full list of speakers is available on the College's website in the meeting brochure.  The College will offer 1.5 hours CLE ethics credit on Thursday afternoon.

The College will kick off the meeting with the President’s Welcome Reception from 6:00 p.m. to 8:00 p.m.  Following the reception all are encouraged to experience the culinary scene of New Orleans.  The Louisiana Fellows have put together a list of their favorite restaurants, available on the College's website, for you to try on Thursday night, and advance reservations are recommended.  Friday night the College will celebrate the sights and sounds of Mardi Gras while being entertained by speaker and musician Michael White and the famous Liberty Jazz Band.  On Saturday night, we will once again celebrate the Induction of new Fellows and the installation of Jeffrey S. Leon, LSM as the 2018-2019 President of the College during the Induction banquet.

There is an array of things to do and see in New Orleans on both Friday and Saturday afternoons, and we hope you will take advantage of this during your visit to New Orleans.  If you have not yet registered, please consider registering soon by going to this page. You will need to log in to register. The Roosevelt is close to sell out capacity, but there is no shortage of hotels in close walking distance to the Roosevelt.     

Update Your Address for the 2019 Roster

It’s time again to make sure that your College profile is up to date. The contact information in your profile is used in the College Roster and the directory on the website. Updates submitted by Sept. 1, 2018 will be included in the 2019 Roster. Profile information can be updated in one of two ways.  

ONLINE – It’s fast, easy, and immediately shows in the online directory. Just log in at www.actl.com. Click on My Account, then select Fellow Profile. The edit button next to the section heading allows you to make changes in that section. Firm changes can be made only through the National Office.

ROSTER UPDATE FORM – Click here to obtain the Roster Update form. The completed form can be printed, mailed, emailed, or faxed to the National Office. 

For assistance, please contact the National Office at nationaloffice@actl.com or 949-752-1801.

Continue the Legacy of Giving

Fellows are encouraged to consider naming the Foundation of the American College of Trial Lawyers as a beneficiary of their estates.  If you have already named the Foundation as a beneficiary, would you please let us know?  We would like to recognize you in our upcoming Annual Report.  Please email nationaloffice@actl.com.

Addressing the Need for Access to Justice

On Jun. 27, 2018, President Franklin, sent an email to all Fellows regarding the ongoing asylum and immigration crisis at our borders with Mexico. In his message, President Franklin announced that the College had developed an organized way for Fellows to volunteer their pro bono legal services to assist needy children and families. In particular, the College established relationships with RAICES (The Refugee and Immigrant Center for Education and Legal Services) to allow Fellows to go directly to our Texas border to assist, and the American Immigration Lawyers Association to allow Fellows interested in assisting with asylum/immigration opportunities as they arise within their own city or state. Approximately 25 Fellows have already volunteered to help as needed. If you wish to volunteer, please contact Mark Surprenant Access to Justice and Legal Services Committee Member 504-585-0213 or at mark.surprenant@arlaw.com. Thank you for your assistance for those in need.

Issues on Advertising in Canada

The Admission to Fellowship Advertising Subcommittee is interested in considering any current issues in Canada touching upon the topic of advertising and how it impacts our qualification criteria. Contact Advertising Subcommittee Chair Walter Bundy at walter@bundymcdonald.com or 843-212-0525.

Kentucky to Sponsor Trial Skills Training Program

The Kentucky Fellows are co­-sponsoring with the Kentucky Supreme Court Access to Justice Commission, a trial skills training program for legal aid lawyers with less than five years' experience. On Friday, Sept. 7, 2018, Kentucky Fellows will present lectures and training to the legal aid lawyers. The following day, Saturday, Sept. 8, a mock trial will take place with the scenario of a wrongful eviction case.

Connecticut Works with Legal Services

On Jun. 29, 2018, Fellow Paul Iannaccone, State Committee Chair John Houlihan, Jr. and Judicial Fellow Hope Seeley, Judge of the State of Connecticut Superior Court participated in the Connecticut Legal Services Annual Meeting by putting on a lecture and demonstration on use of expert testimony.

Second Consecutive Trials Skills Seminar a Success in Massachusetts

Massachusetts held its second annual trial skills seminar on May 14, 2018. It was well attended with over 100 young attorneys practicing in the greater Boston area and in New England. Many Fellows affiliated with the region participated in the program. There were individual sessions with training and demonstrations provided by some local Fellows.  Suffolk University hosted the event. This year’s subject was direct examination.

New York Program Focuses on Direct, Cross Examination

An all-day program with 24 participants was held by Fellows from New York-Downstate on Jun. 27, 2018. All participants were legal services lawyers. Held at the Jones Day office in downtown Manhattan, it included 9 Fellows who acted as trainers. Titled “Direct & Cross Examination,” it consisted of mock trial exercises using College materials. Actors were used to play witnesses.  Fellows who volunteered included: Regent Ritchie Berger, Susan Kellman, former Downstate New York Committee Chair Isabelle Kirshner, Shawn Kelly; newly nominated Regent Larry  Krantz; Marc Mukasey, Pete Putzel, Andrew Lawler, and Tai Park. The feedback received was overwhelmingly positive.

Pennsylvania Fellow Recognized for Work to Help Veterans

On Jun. 21, 2018, Fellow Denny Shupe received the Jeffrey A. Ernico Award of the Pennsylvania Bar Association.  The Ernico Award is "an occasional award of the PBA Legal Services to the Public Committee that is to be given to such individuals and groups as the committee, from time to time, determines have provided unique service that has resulted in significant improvement in the provision of legal services to the neediest among us." Shupe received the award in large part for his work for veterans through the College's Special Problems in the Administration of Justice Committee (U.S.) which he currently chairs.  He is one of the leaders in the College's nationwide effort to develop and implement a groundbreaking project to address the national problem of the Veteran Administration's over four-year backlog in processing and deciding disability award appeals for U.S. military veterans, delays that deny constitutional due process and can deny veterans the financial resources they need for daily living. Former Regent Dennis Suplee spoke at the award ceremony about Shupe’s many efforts on behalf of veterans.  He also read a letter of congratulations from President Franklin which stated, in part, "[t]he work that you, and other Fellows, recently have done to assist U.S. veterans in appealing adverse decisions in disability claims has been remarkable.  On Jun. 7, 2018, the U.S. Court of Appeals for the Federal Circuit, in Martin v. O'Rourke and consolidated cases, granted significant relief, abolishing the mandamus standard that the Veterans Court has applied since 1999.  That previous standard was an insurmountable one under which no veteran ever has prevailed because it required the appellant to show that the delay amounted to an 'arbitrary refusal to act' by the VA.  Hopefully the newly adopted standard for evaluating agency delay will prove much more effective for all veterans." Read the special edition on this latest update.

Update on Special Problems in the Administration of Justice (U.S.)

In honor of Canada Day and Independence Day, a special edition of the eBulletin was sent highlighting the work Fellows have done for U.S. veterans.  Read the special edition.

 

New Task Force on Judicial Independence

The Board of Regents approved the Task Force on Judicial Independence during the 2018 Spring Meeting in Phoenix, Arizona. The purpose of the Task Force is to review the College’s 2006 White Paper on Judicial Independence and update the same in light of current attacks on the judiciary, as well as to evaluate whether there are other actions the College might consider to be even more involved in defending judicial independence, consistent with the College's mission statement.

Vermont Continues to Lead in Second Annual Trial Academy

Vermont Fellows provided invaluable contributions to the Vermont Bar Association Second Annual Trial Academy at the Vermont Law School on Jul. 13, 2018.  The day-long program was given high praise by participants. The program provided an opportunity for lawyers to present a variety of segments in criminal, civil, and family trial settings. Each participating lawyer was critiqued in individual courtrooms by either a judge or a volunteer lawyer. Judicial Fellows Kevin Griffin and David Fenster along with Fellows Ex Officio David Cleary, Vermont State Committee Chair Tom McCormick, Vermont State Committee Vice Chair Karen McAndrew, Regent Ritchie Berger, James Murdoch, Bill Leckerling, Jim Spink, and Mary Kay Lanthier offered thoughtful and detailed personalized critiques of the lawyer participants as they presented opening statements, direct examinations, cross examinations, and closing arguments. Lanthier also provided a closing argument of her own. During the intervening plenary sessions, the judges and Fellows presented tips and tricks for the courtroom. Vermont Law School Dean and President Thomas McHenry commenced the event by welcoming all to the trial academy and Judge Fenster closed the event with final remarks and thanks to all of the participants and volunteers.

NATIONAL MEETINGS

2018 Annual Meeting
September 27-30, 2018
The Roosevelt, A Waldorf Astoria Hotel
New Orleans, Louisiana

2019 Spring Meeting
February 28-March 3, 2019
La Quinta Resort & Club, A Waldorf Astoria Resort
La Quinta, California
  Kansas Fellows Meeting
Kansas City, Kansas
August 18-19, 2018

Georgia Fellows Dinner
Atlanta, Georgia
August 23, 2018

Iowa Fellows Meeting
Iowa City, Iowa
August 24-26, 2018

Alaska Fellows Meeting
TBA
August 27, 2018

New Mexico Fellows Meeting
Santa Fe, New Mexico
September 14-16, 2018

Vermont Fellows Meeting
Shelburne, Vermont
October 4, 2108

Indiana Fellows Dinner
Indianapolis, Indiana
October 12, 2018

British Columbia Fellows Dinner
Vancouver, British Columbia
October 24, 2018

Washington Fellows Dinner
TBA
October 25, 2018

Tennessee Fellows Dinner
Nashville, Tennessee
October 26, 2018

Ohio Fellows Dinner
Cincinnati, Ohio
October 27, 2018

Nebraska Fellows Dinner
Omaha, Nebraska
October 30, 2018

Ralph Artigliere of Placida, Florida, was named 2018 e-Discovery Distinguished Alumnus by the University of Florida Levin College of Law. The honor recognized Artigliere's distinguished service as an educator and author on issues relating to technology, e-discovery, and the culture of information. While a Florida judge and after retirement, Artigliere taught judges, lawyers, and students nationally and collaborated on development of e-discovery rules of procedure and best practices at the state and federal level.

Shawn K. Aiken of Phoenix, Arizona, has been selected as the recipient of the 2018 Judicial Branch Distinguished Service Award in the Arizona Supreme Court Pro Bono Awards category. The award was presented to him at the 2018 Arizona Judicial Conference luncheon on Jun. 20, 2018. The award honors individuals who have made outstanding contributions to improving public trust and confidence in the Arizona court system.

Andrew J. Guilford of Santa Ana, California, has been recognized with 2018 American Inns of Court Professionalism Award for the Ninth Circuit. He will be presented the award by Chief Judge Sidney R.  Thomas at the Ninth Circuit Judicial Conference in Anaheim, California.

Isabelle A. Kirshner of New York, New York, has been chosen to receive the Equalizer Award from Gideon's Promise (formerly the Southern Public Defender Training Center). The award honors her work for continuously advancing equal justice for all.  She will be presented the award on Sept. 13, 2018.

David H. Marion of Philadelphia, Pennsylvania,  was chosen by a panel of experts and judges to receive The Philadelphia Inquirer's 2018  Influencer of Law award in the area of litigation and dispute. The award was given in recognition of his litigation career, including successfully arguing the landmark U.S. Supreme Court case Newspapers, Inc. v. Hepps, which expanded First Amendment protection for news media.

William E. Peterson of Reno, Nevada, has been awarded the Presidential Award by the State Bar of Nevada.  This award is presented annually to members of the bar whose conduct, honesty, and integrity represent the highest standards of the legal profession.

Joseph J. Roper of Kansas City, Missouri, is the recipient of the 2018 Ben Ely Jr. Defense Lawyer of the Year Award. The award is presented annually by the Missouri Organization of Defense Lawyers to one lawyer in the state, who exhibits high moral, ethical, and professional standards.

Justin P. Walder of Hackensack, New Jersey, has been awarded the New Jersey State Bar Foundation’s highest award, the Medal of Honor. The award recognizes his contribution to improving the justice system and enhancing New Jersey’s legal legacy.  The award will be presented on Sept. 17, 2018.

Puerto Rico Fellows Dinner, San Juan, May 29: Sam ventured to San Juan, Puerto Rico for the Fellows Dinner in Old San Juan held in an art gallery affiliated with the Casa Cortés Chocobar restaurant.   The turnout from the Puerto Rico Fellows numbered at 12 along with an additional 9 spouses or guests, including State Committee Chair Frankie Colon-Pagan, former State Committee Chair David Indiano, and Vice Chair Enrique Mendoza-Mendez. After a tour of the art gallery, the attendees received a presentation about free educational programs sponsored by the Cortés family foundation.  Sam spoke to the attendees about the topic of Hurricane Maria and the recent grant by the College's Foundation of $50,000 to support recovery efforts in the Puerto Rico legal system. The crowd was enthusiastic, and the Fellows remained well past dinner to engage with each other in the true spirit of the College.  Sam left Puerto Rico heartened by the strength and recovery he witnessed on the island as well as the fellowship of the Puerto Rico Fellows.

Ontario Fellows Dinner, Toronto, May 31: On Wednesday, May 30^th Sam and Betty traveled to Toronto, where President-Elect Jeff Leon and his wife Carol Best greeted them.  The Ontario Fellows dinner was held on Thursday, May 31 at Galleria Italia in the Art Gallery of Ontario.  Province Committee Chair Scott Fenton and his wife, Lisa, organized this elegant event, with about 50 Fellows attending.  Other attendees included Regent Steve Schwarz and Angela Pagano, a recent graduate of the University of Toronto Law School, who was the Best Overall Oral Advocate at the Sopinka Cup Competition.  Sam’s remarks focused on Fellows participating in the Task Force on Judicial Independence and the committee to review issues arising from campus sexual assault allegations at universities in Canada. 

Jimmy Morris Memorial Service, Richmond, Virginia, June 12: Sam had the sad duty of attending the memorial service for Past President Jimmy Morris (2004-2005).  Sam met Jimmy’s family at the visitation, including Jimmy’s brother, Fellow Phil Morris, who practiced with Jimmy for many years.  In addition, Past Presidents Joan Lukey and Mike Smith were present for the visitation. The funeral the next day was held at St. Matthew's Episcopal Church, and numerous College leaders were present, including Past Presidents Bob Fiske, Ozzie Ayscue, Chilton Varner, and Mike Smith along with Regents Susan Brewer and Bill Murphy, and Bill’s wife, Pat.  Former Regent Ed Mullins, who was a close and lifelong friend of Jimmy, also attended.  Of note, State Committee Chair Craig Merritt presented Sam with a letter in which he included remembrances of Virginia Fellows regarding Jimmy and their memories of his congenial wit and wisdom.

Kentucky Fellows Dinner, Lexington, June 13: Directly after Jimmy’s memorial, Sam and Betty made their way to Lexington, where Sam immediately went into a two-hour State Committee meeting held at the offices of Chair Pat Moloney.  The meeting was well-attended and substantive topics were discussed including a program in conjunction with the Kentucky Supreme Court to train young lawyers in the public sector.  Sam spoke about the College’s diversity efforts.  Dinner was a lively affair at “Distilled,” a fitting name for a Kentucky establishment.  In addition to 25 Fellows along with a number of spouses and guests, Pat Moloney and his wife Cathy, and Regent John Day attended the dinner.  Sam’s remarks touched on the efforts by the College to assist veterans in disability appeals.  Following dinner, Pat presented Sam with a certificate declaring him a Kentucky Colonel, and Sam is now in the illustrious company of LBJ, John Glenn and College Secretary Rodney Acker. Rodney provided a copy of his certificate as evidence.

Idaho Fellows Dinner, Boise, June 16: A beautiful early summer greeted Sam and Betty when they arrived in Boise for the Idaho Fellows Dinner at the Crane Creek Country Club.  State Committee Chair Newal Squyres and his wife Linda, together with some 50 Fellows, guests, and 4 inductees attended.  Newal added 20 years to our College president’s life and gained a chuckle by introducing Sam as having been inducted in 1972 (as opposed to 1992).  Sam didn’t mind the extra time.  In his remarks, Sam noted the College’s recent efforts on behalf of veterans and the recent success on their behalf in the Federal Circuit Court of Appeals.  He also continued to emphasize youth and diversity in the nomination process.





Colorado and Wyoming Fellows Dinner, Cherry Hills Village, Colorado, July 21: It was a black-tie affair for Sam and Betty at the joint dinner of the Colorado and Wyoming Fellows at the Cherry Hills Country Club.  Regent Paul Hickey and his wife Jeanne made the drive from Cheyenne, to join the 19 Fellows along with State Committee Chair Hugh Gottschalk, and Former Regent Mike O’Donnell and his wife Brett. Sam provided brief remarks on the nomination process and finding a way to remain active and engaged with College activities. Afterwards, Paul presented Sam a gift from Wyoming—a bottle of the Steamboat Special Edition of Wyoming Whiskey, which Sam assured the attendees it was something a lawyer from Alabama would certainly know how to use. 

Minnesota Fellows Meeting, Minneapolis, July 26: Sam and Betty were treated to views of Lake Calhoun during the Minnesota Fellows Meeting, which was held at the Minikahda Club.  A total of about 45 Fellows and guests attended, including Former Regent Brian O’Neill and his wife Ruth; State Chair Chuck Webber and his wife Denise; Sally Ferguson (Chair of the Sandra Day O’Connor Committee) and her husband, Ray Piirainen; and Regent Kathleen Flynn Peterson and her husband Steve.  Two eligible inductees also attended.  Chuck opened the meeting with a pitch to attend the Annual Meeting in New Orleans and recognized 4 Fellows who passed away during the last year.  Sam followed, thanking the work Fellows have done for the College, emphasizing younger and more diverse trial lawyers in the search for new Fellows, and briefly covering the policy and process for when the College issues public statements.  

The following Fellows have been elevated to the bench in their respective jurisdictions.