February 2022

Dear Friends,

Brett and I wish you and your families a healthy and happy 2022! 

 

2021 was a year of challenges for our society, yet many areas of litigation thrived. Courts continue to innovate in order to provide access to justice for our citizens in the United States and Canada. Technology has the potential to improve our legal system in countless ways. Digital tools have helped our courts remain operational during the pandemic and are poised to become permanent fixtures of our systems of justice. Together, we can modernize our courts and make them more open, accessible, and fair than ever before.

 

The upcoming Spring Meeting, to be held February 24-27 at the Hotel del Coronado on Coronado Island just outside of San Diego, California, should be a welcome respite from winter weather in the United States and Canada. The hotel recently underwent a $400M plus renovation and expansion and promises to be a wonderful location for our meeting. President-Elect Susan Harriman has put together a wonderful program on wide-ranging topics. The subjects to be covered by our speakers include the Arbery case, 9/11 and Gander, Canada, a panel on violence against judges, judicial independence, Broadway theater, the importance of listening, and cities and health. Civil rights icon Ruby Bridges will also address the meeting. Finally, the College is proud to honor Patricia Hebert, QC, with the Beverley McLachlin Access to Justice Award, Judge Barbara M. G. Lynn with the Samuel E. Gates Litigation Award, and Judge Barry Williams with the Sandra Day O’Connor Jurist Award.

 

Our National Office staff has planned an exciting variety of social events and dinners, including a night on the beach. Meeting details follow this report, and a link to registration materials can be found here.

 

The College’s committees continue their active work in a number of areas:

 

• The Boot Camp Trial Training Programs Committee recently conducted a well-attended virtual program with a group of barristers in London, and they have a number of programs scheduled for the coming months. 
• The Teaching of Trial and Appellate Advocacy Committee is hosting a free program for lawyers of diverse backgrounds to learn advanced trial skills from Fellows. 
• Our Outreach Committee is busy coordinating with liaisons in all the states and provinces to encourage them to arrange an outreach activity in their area, and to be sure they are aware of the resources the College can provide to help in the planning of such events. 
• A white paper prepared by the Public Defenders Committee with the support of the Federal Criminal Procedure Committee, “The Effective Use of Pretrial Diversion in Criminal Cases,” was recently approved by the Board of Regents. The Public Defenders Committee is working to make this paper widely distributed for use by public defense practitioners. 
• A treatise on electronic evidence, written by members of the Complex Litigation Committee, is now available for purchase from Bloomberg. 
• The Advocacy in the 21^st Century Committee is analyzing the results of a recent survey of Fellows about their experiences with and opinions about the use of remote video in pretrial proceedings and at trial. 
• Finally, the Mentoring Committee is furthering its work on the Just The Beginning program, which offers a paid internship for law students of modest means to intern with a judge. A number of our judicial Fellows have already volunteered to accept a law student for a summer internship. 

This is just a glimpse of the important work in which our committees are engaged. Further details about these committee activities and initiatives are provided elsewhere in this issue of the eBulletin.

 

Brett and I have very much enjoyed our trips throughout the United States and look forward to our first visit on behalf of the College to Canada in 2022. We are grateful for the warm welcome from our Fellows and spouses/guests at the meetings. In most cases, these meetings are the first time Fellows have gathered in two years due to the pandemic. It is obvious that we all look forward to a return to the “new normal” and unfettered social and educational opportunities to celebrate our Fellowship. 

 

Many thanks to Immediate Past President Rodney Acker, President-Elect Susan Harriman and Treasurer Bill Murphy for covering several meetings for me due to a trial conflict. 

 

We look forward to seeing you in Coronado for the Spring Meeting and, of course, in Rome, Italy for our Annual Meeting in September.  

 

Michael L. O'Donnell
ACTL President

ACTL Podcast:
Season Two Launches March 10!

The College will be in Rome, Italy for the 2022 Annual Meeting. A brochure and registration information will be mailed in early April and registration will open April 25. Mark your calendars now to join us for this historic destination.

When the World is on Their Shoulders

Joan Lukey
Foundation President

Mississippi:

South Carolina:

The South Carolina Fellows will hold their annual meeting February 4-6 at the Montage Palmetto Bluff Resort. The keynote speaker will be Cara Robertson, author of the recently published book The Trial of Lizzie Borden. Ms. Robertson is a graduate of Oxford University, Stanford Law School and a former United States Supreme Court Clerk. Following her lecture, several SC Fellows in criminal practice will share their insights regarding similarities between the Borden case and prominent cases they have been involved in. The attendees will also welcome the thirteen new Fellows inducted into the College since the last meeting in 2020.

A21C:

The Advocacy in the 21st Century Committee has produced and circulated a survey that sought information from Fellows about their experiences with, and opinions of, the use of remote video in civil and criminal proceedings. The results of the survey have been tabulated and will be shared with the Board before its next meeting. Based on the results of the survey and the experience of the Committee generally, the group is creating a position paper that discusses the future of remote video in civil proceedings. This paper will be presented to the Board.

Boot Camp Trial Training Programs:

Complex Litigation Committee:

The Committee’s Handbook of Electronic Evidence has just been published by Bloomberg Law. As U.S. District Judge Paul Grimm says in his foreword, the handbook fulfills a need for a tightly written resource that is detailed enough to get beyond generalities but compact enough to fit into a folder or notebook that you can keep on your desk. He writes that the handbook “covers the waterfront of various types of electronic evidence, addresses familiar forms of technology as well as cutting edge new technology, contains a useful glossary, and insights from technical experts. It is the resource that you will keep in your ‘favorites,’ on your desk or in your briefcase, and it will be a ‘grab-and-go’ companion you can turn to in the middle of trial.” The handbook, the product of more than three years of work, is now published and available to Bloomberg Law subscribers. Subscribers can log in using this link to access the handbook. For more information on how to subscribe or access the publication, please contact Alison Lake at alake@bloombergindustry.com.

Federal Criminal Procedure

The Committee recently issued a Brady-Giglio Guide For Prosecutors, which provides suggested practices to help all prosecutors meet their disclosure obligations. The guide was written with input from current and former federal and state prosecutors, with the goal of encouraging prosecutors to adopt practices that will assist them in meeting their disclosure obligations with integrity, thereby enhancing the administration of justice. The guide can be found on the ACTL website by clicking here.

Heritage Committee:

National Moot Court Competition:

Teaching of Trial and Appellate Advocacy:

Arkansas Fellows Dinner, Little Rock: On December 2, 2021, President O’Donnell and Brett arrived in Little Rock for the traditional Fellows dinner at the iconic Capital Hotel. State Chair Spence Fricke (pictured) and his wife, Kari, hosted the event. Regent Lyn Pruitt spoke and shared her delight in the experience of getting together again. She encouraged all Fellows to identify potential candidates, particularly diverse candidates. President O’Donnell thanked the fifty fellows and spouses in attendance and recognized Immediate Past State Chair Ken Cook and all members of the State Committee. He also discussed current College initiatives including the Just The Beginning Initiative, and the work of the committees on Judicial Independence, Advocacy in the 21^st Century and Boot Camp Trial Training Programs. All Fellows were encouraged to attend the San Diego and Rome meetings and there seemed to be much enthusiasm for travel in 2022.   

Mississippi Fellows Dinner, Jackson: On December 3, 2021, The Capital Club in Jackson hosted the Mississippi Fellows for a wonderful black tie affair. State Chair Phil Abernethy hosted the event. Vice Chair Trey Byars and members of the State Committee were recognized. President O’Donnell reviewed highlights of the Chicago meeting and Leadership Workshop in Tucson. Fellows were encouraged to become more involved in the many College committees and to attend the meetings in San Diego and Rome. All were very happy to have an in-person meeting.

Louisiana Fellows Meeting, New Orleans: On December 4, 2021, the Louisiana Fellows enjoyed cocktails and dinner in a private dining room at Antoine’s in the French Quarter. State Chair James Brown introduced President O’Donnell, who as a Notre Dame graduate, couldn’t resist commenting on the “steal” of Coach Brian Kelly by LSU. Immediate Past Chair Don McKinney and all state committee members were recognized. Kimball Anderson, Mentoring Committee Chair and Mark Surprenant, Access to Justice Committee Chair were introduced. Kimball has funded dozens of internships for underprivileged students and Mark is following suit. All thanked them for their generosity. Current College initiatives such as the Boot Camp Trial Training Programs were discussed, the significance of Judicial Independence was stressed, and the work of the Judicial Independence Committee was appreciated. President O’Donnell applauded the Louisiana Fellows for their enthusiasm for the work of the College.

Oregon Fellows Dinner, Portland: On December 8, 2021, President O’Donnell and Brett traveled to Portland for the Oregon Fellows Dinner. After a wonderful tour of Portland, guided by Past President Tom Tongue, they landed at the iconic Sentinel Hotel for cocktails in the Library Room. State Chair Gordy Welborn hosted the event, which was attended by nearly fifty fellows. Current Regent Carey Matovich, Former Regent Paul Fortino and past State Chair Renee Rothauge were introduced and recognized. President O’Donnell spoke and discussed the Just The Beginning initiative, Advocacy in the 21^st Century Committee initiatives and the first international Boot Camp Trial Training Program held virtually in London and Wales the previous weekend. Fellows were encouraged to participate in the many committees of the College and the upcoming national meetings were discussed. Fellow and Oregon Supreme Court Chief Justice Martha Lee Walters (pictured) spoke about the challenges of COVID in the Court system. Fellow and former Federal Public Defender Steve Wax discussed the good work of the Oregon Innocence Project.  

Pennsylvania Fellows Events, Philadelphia and Pittsburgh: December 15-16, 2021. Treasurer William Murphy and his wife Pat took a whirlwind tour of Pennsylvania in December to fill in for President O’Donnell. Approximately fifty-five Fellows attended the first gathering in Philadelphia. Vice Chair John McShea organized an excellent event, and everyone enjoyed being together again. Former Regents Lou Fryman, Dennis Suplee and Bob Welsh, along with current Regent Katie Recker were present. State Chair John Conti, of Pittsburgh, also attended and was present for both Pennsylvania events. The gathering was mostly social, but a good discussion on the opportunities for mentoring and the programs such as Just The Beginning and the Boot Camp Trial Training Programs was held. On the following day, Pittsburgh’s event was hosted by State Chair John Conti. Twenty Fellows from Western Pennsylvania attended, including Past Chair Sam Braver. All were encouraged to personally attend the meetings in San Diego and Rome.