September 2010 - Federal Bar Association

16 Pages·2010·1.18 MB·English

Minnesota Chapter of the Federal Bar Association
Volume IV, Issue 1
Bar Talk
September 22, 2010
www.fedbar.org/Chapters/Minnesota-Chapter.aspx
President’s Welcome
T
he Minnesota Chapter of For example, the FBA and federal
the Federal Bar Associa- court, under the leadership of Chief
tion (“FBA”) has much to Judge Michael J. Davis, intend to co-
look forward to in the up- sponsor a Pro Se Bar Summit, which
coming year as the Chapter em- will bring together state and federal
barks on its fourth year publishing organizations, pro bono programs, and
Bar Talk. We are one of the largest lawyer referral programs to increase
chapters in the FBA, with over 800 the availability of attorneys for pro se
members, and our Chapter contin- litigants in federal court. Stay tuned
ues to benefit from the extraordi- for a Spring 2011 date for this excit-
nary relationship that the bar enjoys ing event.
with the federal bench in Minne-
As part of the initiative to increase
sota. There are a number of joint The Honorable Donovan W. Frank
access to justice, the FBA is also pre-
initiatives underway between the
paring CLEs in a number of areas, provide first-class programs for its
FBA and the Court that will increase
including one to encourage and train members, including the annual FBA
access to justice for many litigants
members of the FBA to represent seminar, monthly FBA lunches,
and serve the interests of justice for
individuals with disabilities. Also monthly newer lawyer lunches, and
all citizens in Minnesota.
working to promote justice for those the spring FBA dinner dance.
with disabilities, William Mitchell
Amazingly, the past month has been
College of Law recently formed a
an exciting month, a busy month,
Disability Law Society.
Continued on page 2
In addition to the FBA’s disability
justice initiative, Minnesota hosted
Inside This Issue
the National Hispanic Bar Associa-
tion’s 2010 National Convention on
Judge Rosenbaum 2
September 9-11. The FBA Diversity
Committee, co-chaired by Magistrate
Chief Mag. Judge Erickson 3
Judge Jeanne J. Graham and Assis-
tant U.S. Attorney Ann Anaya, con-
Pro Se Project 4
tinues to work with the Page Educa-
tion Foundation pairing senior men-
tors with Page Scholars. Stay tuned Diversity Committee 7
for the many projects this Committee
has in the works. 8th Cir. Judicial Conference 8
The FBA and the federal court also
State of the Sixth Division 12
continue their collaboration to sup-
port the Federal Transportation Pro-
Judge Frank walks and chats with gram to Pekin, Illinois, which bene- William Mitchell Students 13
Rodney during a visit to Merrick, Inc., fits many children whose mothers
a day training and rehabilitation and are in federal prison. In addition to Federal Practice Seminar 14
service provider in Vadnais Heights. these programs, the FBA continues to
Page 2 Bar Talk | September 22, 2010
Judge Rosenbaum Celebrates 25 Years on the Bench
On the afternoon of July 29, 2010,
Judge James M. Rosenbaum and his
staff threw open the doors of Court-
room 14E to greet guests and well-
wishers coming to celebrate the
Judge’s 25 years on the bench. The
many visitors reflected on the
Judge’s long history with the Court,
including those who worked with
him in the U.S. Attorney’s Office;
colleagues on the bench; many attor-
neys who tried civil and criminal
cases before him; and U.S. Probation
and Pretrial Services officers who
reported on defendants set for sen-
tencing and on supervision. The
Clerk’s Office turned out with en- Lora Friedemann, Jamal Faleel, and Greg Karpenko help The Honorable James
M. Rosenbaum reflect on his career on the federal bench.
thusiasm, as did court security,
chambers staff, the Judge’s former
- Counsel, if you’ll reach to the left - Are the children you are speaking
clerks and externs, the Judge’s fam-
side of the lectern. The left. The left. of, the same children you left in the
ily, friends, and one very cute baby.
car with the drug dealer while you
- Members of the jury, this witness is
Many thanks from the Judge and his
went into the store to deal drugs?
what we refer to as a “Rat.”
staff to all who attended.
(Yes) I think they will survive while
- If you want to make a statement,
The afternoon’s enduring highlight you’re gone.
buy radio airtime.
was most likely a whiteboard, - Can you believe I hustled a U.S.
where visitors were encouraged to - Whether you are a sinner is be- Senator for 7 years to get a job
recall favorite quotations. A court tween you and God. I’m not here to watching a one-hour video of a
security officer volunteered the first judge that. blow torch on a microwave?
offering: “Move along, counsel.” A - You, sir, are a thief.
select list follows: Karin Ciano is currently the Law School
- (Mr. AUSA), who’s going to take
Liaison and a member of the Communications
- I am not your mother. care of the cat?
Committee. She clerked for The Honorable
- Do I look like your wife? - If you’re explaining...you’re losing. James M. Rosenbaum from 2003-2010.
President’s Welcome Also this summer, Chief Judge Mi- line University School of Law, Wil-
chael J. Davis administered the oath liam Mitchell College of Law, and
Continued from cover page
of office to the bench’s newest Mag- University of St. Thomas Law School
istrate Judge, Leo I. Brisbois, on Au- of Law have all recently formed
and, in some ways, a sad month for
gust 30, and the bench and bar are new student chapters of the FBA.
the FBA and the Court. In August,
anxiously awaiting the confirmation
the Court honored Judge James M. Finally, I would urge each of you to
of Magistrate Judge Susan Richard
Rosenbaum’s 25 years and Chief continue to encourage and recruit
Nelson as our newest Article III
Magistrate Judge Raymond L. Erick- new members to our very exciting
judge.
son’s 18 years of federal service. We and active, get-it-done FBA. If you
are, of course, happy for Judge All in all, it has been an extraordi- have any ideas about new projects
Rosenbaum and Magistrate Judge nary summer, concluding with the or would like to get involved in one
Erickson because we know that they well-attended (sold out) and fun of the existing committees, please
have many great plans in store, but golf tournament held in St. Paul on feel free to contact any of the com-
their retirements from the federal August 30, where a good time was mittee chairs or myself. Thank you
court, while well deserved, represent had by all in the 90+ degree heat. in advance for your willingness to
a significant loss to the bench and bar. I am also pleased to share that Ham- give of your time and your support.
September 22, 2010 | Bar Talk Page 3
Chief Magistrate Judge Erickson
Honored for 18 Years of Service
Many court personnel, attorneys, and judges celebrated
Chief Magistrate Judge Raymond L. Erickson’s retirement
from the bench on the afternoon of August 25, 2010 in his
chambers in Duluth.
Erica Davis, The Honorable James M. Rosenbaum,
Heather Labat, and Sybil Dunlop.
Asst. Federal Defender Kate Menendez, Federal Defender
Katherian Roe, and The Honorable Jeanne J. Graham.
Asst. U.S. Attorneys (L to R) Michael Dees, Michelle Jones, and
Michael Cheever present The Honorable Raymond L. Erickson
with a commemorative clock from the U.S. Attorney’s Office in
appreciation for his many years of service.
Former Asst. U.S. Attorney Frank Hermann, Judge
Rosenbaum, and Asst. U.S. Attorney Mary Trippler.
Sixth Judicial District Court Judge Eric Hylden and Judge Erickson.
Left: Bill Adams Photos from Judge Erickson’s retirement celebration
of Fergus Falls were taken by Victoria Miller, Judge Erickson’s
congratulates Judicial Assistant. Vicki is currently serving as Judicial
Judge Erickson. Assistant to The Honorable Leo I. Brisbois.
Page 4 Bar Talk | September 22, 2010
Sanders Serves As First Pro Se Project Coordinator
T
he Chapter took another big time on their written opinions so that
step in assisting pro se liti- their reasoning is clear to people
gants with the addition of without legal training. But the judges
the Pro Se Project’s first paid cannot argue the litigant’s case or
coordinator, Tiffany Sanders. A na- advise them on how to proceed.
tive of Tennessee, Sanders graduated Consultation with a lawyer can help
from Gonzaga University School of the litigants focus their claims or de-
Law and was admitted to practice in fenses, guide the case to settlement,
Minnesota in 1995. Sanders previ- and perhaps avoid litigation.
ously worked on employment law
After the initial consultation, the law-
issues with Nichols Kaster, PLLP,
yer may agree to represent the client.
and also worked in-house for Ameri-
If, however, the lawyer decides that
can Family Insurance. Sanders cur-
the litigant’s case has no merit, the
rently teaches legal writing at the
lawyer is under no obligation to take
University of Minnesota and lives in
the case. Even if the party declines
Edina with her husband, criminal The Pro Se Project has existed since
representation or refuses to follow
defense attorney Andrew Garvis, and the mid-1990s, according to Steve
the lawyer’s advice, people who have
their twin daughters. Rau, former Chapter president, who
had access to counsel perceive the
has been involved since that time. At
The Pro Se Project is a collaboration justice system to be fair, Judge Frank
first, the Volunteer Lawyers Network
between the District of Minnesota said. “You can be as fair as you can
handled referrals. Since May 2009,
and the FBA. The project aims to be as a judge, but if the person
Gustafson’s law firm, Gustafson
make the justice system more effi- wanted to talk to a lawyer and didn’t
Gluek PLLC, has donated staff time
cient by providing pro se civil liti- get to, there is an access to justice
to manage the referral process. “Our
gants with the opportunity to consult issue. That damages the system every
justice system is adversarial, and it
with counsel free of charge. “It’s a time no matter what the result.”
doesn’t work well when one side is
good example of the private bar,
represented and the other is not,” Sanders works as an independent
through the FBA, making a signifi-
Gustafson said. “It’s a mismatch.” contractor on a part-time basis. One
cant donation of time to further the
Sanders took over on July 1st. of her goals is to raise awareness of
administration of justice,” said Dan
the program and participation
Gustafson, former Chapter president. Annually, pro se civil litigants make
among practitioners in the District.
“I’m not aware of any federal district about 150 appearances in the District.
She also would like to organize a se-
in which the bar association has Most cases relate to employment,
ries of CLE luncheons to train attor-
stepped up to this degree to provide civil rights and social security. Judge
neys on working with pro se litigants,
pro se representation.” Donovan W. Frank, the Chapter’s cur-
and work with the Minnesota Board
rent president, said pro se litigation
Sanders’ job is to match the litigants of Continuing Legal Education so
has increased since he was appointed
with an attorney. When a pro se plain- that lawyers can get CLE credit for
to the federal bench 12 years ago.
tiff files a claim or a pro se defendant participating in the program.
Cases that involve pro se litigants take
appears in court, the judge to whom
up more of the court’s time, Judge “It says a lot about this Chapter that
the case is assigned writes a letter to
Frank said. Hearings take longer, and they are able to raise the money and
the litigant informing them of the
many of the judges also spend more work with the Court to do this,”
opportunity to work with Sanders to
Sanders said. “The federal judicial
help them consult with an attorney.
More information about the system, pro se litigants, and federal
If the litigant wants to speak with an
Pro Se Project is available at: practitioners with paying clients all
attorney, Sanders begins the match-
www.fedbar.org/proseproject2010 benefit from each volunteer lawyer’s
ing process, drawing from the mem-
participation in the Project. I am hon-
bership of the Chapter. The referral FBA members who are interested in
ored to be such an integral part of the
is made based on the type of claim volunteering with the Pro Se Project may
Pro Se Project and I’m really enjoying
and practice area of the attorney. contact Tiffany Sanders at:
the work I do.”
Throughout the process, Sanders
[email protected]
communicates with the court on the
[phone] Michael Goodwin is a member of the
status of the referral. Communications Committee.
September 22, 2010 | Bar Talk Page 5
“Access to Leadership” Panel Shares Paths to Success
P
artnering with Minnesota
Women Lawyers and
Lindquist & Vennum’s
Women’s Initiative, the
Chapter helped sponsor a panel dis-
cussion at the University of St. Tho-
mas School of Law on August 10,
2010. The well-attended event,
“Access to Leadership,” featured
career stories and advice about find-
ing a path to leadership roles from
five high-profile women in the legal
community: the Honorable Celeste
Bremer, U.S. Magistrate Judge for
the Southern District of Iowa; Lisa
Brabbit, Assistant Dean of St. Tho-
mas School of Law; Megan Hertzler,
Assistant General Counsel and Di-
rector of Data Privacy for Xcel En- Ann Kennedy, Kathy Tunheim, The Honorable Celeste Bremer (S.D. Iowa), Megan
ergy; Karen Wilson Thissen, Senior
Hertzler, Lisa Brabbit, Karen Wilson Thissen, and Sandra Smalley-Fleming.
Vice President and Assistant Gen-
eral Counsel at Ameriprise Finan- Other panelists agreed that times of given her an opportunity to sharpen
cial; and Kathy Tunheim, President transition are exactly the right mo- her skills in areas critical to effective
and CEO of Tunheim Partners. ment to ask for greater responsibil- leadership, such as public speaking
Lindquist & Vennum partners San- ity. “There is no career fairy,” This- and running meetings.
dra Smalley-Fleming and Ann Ken- sen advised. “The great career
The group discussed how network-
nedy served as moderators. jumps you make are when you take
ing and skill-building affected the
chances.” Judge Bremer delighted
The discussion started with a star- path to leadership. Thissen pointed
the audience with a colorful exam-
tling statistic: that although women out that “networking is not recrea-
ple. One day she battled chaotic
represent 48% of current law gradu- tional,” and that women interested
traffic to drop her children off at
ates, they represent only 26% of in attaining leadership positions
school. She arrived at the school the
state judges nationwide, 22% of fed- should “figure out who the deci-
next day with an orange vest and a
eral judges, and 16% of equity part- sionmakers are” and “make sure
whistle she had purchased at Wal-
ners at private firms. Surprisingly, they know you as a person.” Judge
Mart, and directed the traffic by her-
Kennedy noted, these statistics have Bremer underscored the importance
self. No one asked her to, but with
remained basically unchanged for of networking, noting that those
initiative and perceived authority,
the past 15 years. The panel then seeking to fill a position tend to “ask
she was able to solve the problem.
considered how women could, as who they know.” Originally inter-
Kennedy put it, “navigate our way Brabbit focused on the topic of in- ested in a career with the FBI, Judge
to leadership roles.” spiration, reflecting that one pur- Bremer decided to go to law school
The panelists agreed a key compo- pose of becoming a leader is “to when she learned the agency did
nent was stepping up during times make a difference.” She encouraged not hire women. She became a
of change. While women may have women in the audience to find a prosecutor, where judges saw her
the impulse to take care of co- “natural blend of self and service,” work and recommended her to a
workers during “periods of imbal- by getting involved with organiza- firm where she became a partner.
ance and dislocation,” Tunheim tions reflecting their individual val- Through her work with the county
noted, “opportunities to step up” ues and aspirations. Former MWL bar association and other profes-
almost always occur during such president Hertzler recognized that sional associations, she mentored
times. “Do not wait to be drafted,” her service with MWL had not only junior lawyers. “Be the person who
Tunheim advised. “If you want to demonstrated her commitment to reaches out,” she advised.
play the game, get in the game.” women in the profession, but had Continued on page 13
Page 6 Bar Talk | September 22, 2010
Infinity Project Tackles Judicial Diversity
N
early 200 people at- has researched the selection of versity on the federal bench. For in-
tended the Infinity Pro- judges in the United States. Based on stance, the Judicial Resources Com-
ject’s August 11, 2010 his statistical analysis of the current mittee had noticed several years ago
event, “Achieving Diver- and historic numbers of the racial that Article III judicial appointments
sity on the Bench in the 21st Century,” and gender composition of the were reflecting racial diversity at
at the University of St. Thomas courts of appeals and district courts, twice the rate of Article I appoint-
School of Law. The event brought he concluded that when presidents ments, which includes bankruptcy
together a distinguished group of have focused on finding qualified and magistrate judges. Now the JRC
commentators for a frank and in- candidates of diverse backgrounds, sends a letter to the chief judge of a
depth discussion of diversity on the they have succeeded. He noted that district every time an Article I posi-
federal bench. The Infinity Project’s seventy percent of President tion opens, encouraging the chief
mission is to increase the gender di- Obama’s judicial nominees are di- judge to make efforts at considering
versity of the fed- diversity. Judge
eral bench to en- Montgomery
sure the quality of emphasized
justice in the that judges can
Eighth Circuit. encourage fu-
Moderator Dahlia ture judicial
Lithwick, senior diversity by
editor and legal their own law
correspondent for clerk hiring. She
Slate.com, clerked joked that she
at the Ninth Cir- has never had a
cuit Court of Ap- law clerk who
peals. Calling the did not look at
lack of judicial her and think,
diversity on the Jeremy Paris, Russell Wheeler, Prof. Rachel Caufield, The Honorable Fernando “If she can do it,
federal bench an Gaitan, Nan Aron, The Honorable Ann D. Montgomery, and Dahlia Lithwick. I can do it.” Fi-
“urgent and criti- nally, she of-
cal problem,” Lithwick remarked that verse, and that the trend toward the fered some advice for would-be
there is an irony at the heart of the use of nominating committees has judges. She said character, intellect,
judicial diversity conversation: there tended to result in the nominations and temperament matter, but that
is general agreement on the critical of more women and people of color. being a skilled lawyer is not a pre-
importance of a diverse bench, but requisite to being a good judge. If a
Rachel Caufield, a professor at Drake
“we don’t know how to talk about person is fortunate enough to be
University and a consultant to the
it.” She observed, “If you want to be nominated, she cautioned that the
Hunter Center for Judicial Selection
on the Supreme Court someday, you selection and appointment process
at the American Judicature Society,
probably want to never, ever speak can be painful. She drew laughs
made several observations about the
about judicial diversity again,” for from the audience when she com-
trends in court of appeals appoint-
fear that you might generate the sort mented that the process was much
ments, including that an increasing
of controversy that Justice Sotomayor like the birth of her children—the
number are former judicial clerks
faced during her confirmation hear- labor and delivery were awful—but
and fewer are being nominated from
ings over her “wise Latina” com- looking back it was worth it, even if
the district courts.
ment. Fortunately, the panelists were the appointment process took longer
undeterred, although most com- The Honorable Ann Montgomery than nine months.
mented that they did not envision discussed the judiciary’s “modest
The Honorable Fernando Gaitan,
themselves someday sitting on the but concrete” efforts to increase di-
Continued on next page
high court.
Russell Wheeler, president of The For more information about the Infinity Project, please visit:
Governance Institute and a visiting
www.hhh.umn.edu/centers/wpp/infinity/
fellow at The Brookings Institution,
September 22, 2010 | Bar Talk Page 7
Chief Judge of the Western District of Diversity Committee Seeks
Missouri, has served as an appellate
judge on the Missouri Court of Appeals,
to Enrich Legal Community
a state trial judge, counsel for South-
western Bell Telephone Co., a university
trustee, a board member for the “Second O ne of the goals of the Chapter’s Diversity Committee, cur-
Chance” foundation, and a board mem- rently co-chaired by The Honorable Jeanne J. Graham and
ber for St. Luke’s Hospital. He empha- Assistant U.S. Attorney Ann M. Anaya, continues to be
sized the valuable perspective he has organizing opportunities and coordinating events with
contributed to each of these institutions other organizations promoting diversity to encourage networking
as a result of his race and professional within the diverse legal community and the FBA.
background. Because the judiciary deals
In the last couple of years, the Committee has worked with Twin Cit-
with the lives of real people, he noted, it
ies Diversity in Practice to co-host events such as a reception for The
is important that the judiciary itself be
Honorable Michael J. Davis when he became Chief Judge. The Com-
diverse. Judge Gaitan encouraged audi-
mittee has also reached out to the Minnesota Lavender Bar Associa-
ence members with judicial aspirations
tion and co-sponsored a networking event in November 2008. Many
to get involved in their communities not
of the attendees had not previously attended an FBA event.
only as a way to advance professionally,
but also as an end in itself. Last fall, the Committee co-sponsored an event with the Minnesota
American Indian Bar Association at the University of St. Thomas Law
Jeremy Paris, Chief Counsel for Nomi-
School. Recently appointed magistrate judge, The Honorable Leo I.
nations and Oversight for Chairman
Brisbois, served as the keynote speaker.
Patrick Leahy on the Senate Judiciary
Committee, shared his insider’s perspec- This past spring, the FBA partnered with the Minnesota Hispanic Bar
tive on the nomination and confirmation Association to co-host an event celebrating the appointment of Justice
processes. In his opinion, once a woman Sonia Sotomayor to the Supreme Court. Earlier this month, the 35th
has been nominated, her gender will not Annual Hispanic National Bar Association (“HNBA”) Convention took
affect her success in getting appointed. place in Minneapolis. With the gracious participation of numerous
It is important to focus on how nomi- members of our federal bench (Chief Judge Michael Davis, Judge John
nees are selected. He agreed with Rus- Tunheim, Judge Donovan Frank, Judge Joan Ericksen, Judge Patrick
sell Wheeler that nominating commit- Schiltz, Judge James Rosenbaum, Judge Gregory Kishel, Judge Frank-
tees will lead to a more diverse bench, lin Noel, Judge Susan Richard Nelson, Judge Janie Mayeron, Judge
and emphasized that the committees can Jeanne Graham) the conference was a great success. Approximately
be powerful: “The last thing a senator 800 Hispanic lawyers from around the country attended the conference.
wants to do is say ‘no’ to a bunch of
Next month, the FBA will help sponsor the Annual Gala for the Min-
prominent lawyers from [that senator’s]
nesota Chapter of the National Asian Pacific American Bar Associa-
community.” Paris advised those who
tion (“NAPABA”). The Committee encourages members to attend to
hope to someday become appellate
learn about NAPABA and meet its members as well as to promote the
judges, but who also have a background
FBA. More information about the event is provided below.
in advocacy, that spending a few years
as a state court judge or magistrate For this coming spring, the Committee hopes to work with the Minne-
sota Association of Black Lawyers to create an opportunity for our
judge would be useful to overcome a
respective members to network.
presumption of bias, but he cautioned,
“It isn’t possible to live an interesting The Chapter also continues to support the Page Education Founda-
life while you’re thinking every day, tion, whose mission is to encourage Minnesota’s youth of color to pur-
‘How can I get on the Supreme Court?’” sue post-secondary education, including law school. The Chapter en-
Continued on page 12 courages members to become senior mentors to Page Scholars. For
more information on how to become a senior mentor, please visit the
Page Education Foundation at: www.page-ed.org.

NAPABA-MN Annual Gala
Finally, the Committee is always looking for new ways to
(National Asian Pacific American Bar Association - MN Chapter)
improve the diversity of the FBA and enrich the legal

When: October 21, 2010 | 6:00-8:00 p.m. community. If you have any suggestions, please contact
Where: Solera (900 Hennepin Ave., Minneapolis) Judge Graham ([email protected]) or Ann
Contact: Eric Goodemote ([email protected]) Anaya ([email protected]).
Page 8 Bar Talk | September 22, 2010
The 2010 Eighth Circuit Judicial Conference
The Honorable Patrick J. Schiltz, The Honorable James B. Loken, The Honorable Samuel A. Alito, Jr., The Honorable Morris
S. Arnold, The Honorable Steven M. Colloton, and The Honorable William Jay Riley speak on a panel during the conference.
O n August 11-13, 2010, the Activities got underway earlier in showing of “Wicked” at the Orpheum.
District of Minnesota the week with meetings of the Pat-
The General Session began on August
hosted the Eighth Circuit tern Jury Instruction Committee, but
12 at the Marriot. In the lobby of the
Judicial Conference, enti- began in earnest on August 11 with
seminar, attendees were able to view
tled “Lawyering in the 21st Cen- the Judges and Circuit staff holding
an “Oral History of Judge Heaney,” a
tury.” Eight Circuit Chief Judge Wil- meetings to discuss the state of the
videotaped interview from August 31,
liam Riley was the Presiding Officer Eighth Circuit Judiciary. During the
1990 of Judge Heaney conducted by
of the Conference, and the District of Eighth Circuit Court of Appeals
Duluth TV personalities Earl Henton
Minnesota’s Chief Judge Michael J. meeting, the Circuit adopted final
and John LaForge.
Davis was the Conference Chair. versions of new Local Rules, which
According to Michael Gans, Clerk of will become effective October 1, On Thursday morning, Chief Judge
Court for the Eighth Circuit, there 2010, and are posted on the Eighth Davis opened the session by remark-
were almost five hundred people in Circuit’s website. The Opening Re- ing that, as he had learned, the pur-
attendance at the various events, ception, held at the Minneapolis pose of any good conference is to
making this Judicial Conference one Marriot, was very well attended, and “educate and entertain,” and he
of the biggest ever. the reception was followed by a hoped and expected this conference
would do just that. The first session
on Thursday morning was entitled
“Social Networking and Other Evils
of the Internet in Jury Trials.” Dr.
Douglas Keene of Keene Trial Con-
sulting discussed the growing ten-
dency of jurors to use the internet to
conduct independent investigations of
the case that they are tasked to decide.
Dr. Keene stated that judges and at-
torneys need to explain the rules
against conducting outside investiga-
tions to prospective jurors, and ask
them whether they will follow such
rules. Andrea Henson-Armstrong of
the Federal Judicial Center explained
how court security is no longer con-
tained to the physical space of the
The Honorable Samuel A. Alito, Jr., The Honorable Joan N. Ericksen, and The courtroom, but now extends to the
Honorable William Jay Riley at a special reception for Justice Alito. internet. She explained how her office
September 22, 2010 | Bar Talk Page 9
Has Strong Participation by the Bench and Bar
is tasked with educating the Judici- for the jury, but also at oral argument
ary regarding the potential danger in for the judge, because it helped the
misusing or overusing social net- judge go outside the four corners of
working websites. Judge Donald W. the brief. While visual aids can be
Molloy of the District of Montana helpful, there was a consensus on the
finished the session by stating, not panel that technology in the court-
entirely in jest, that any lawyer who room should not be used ad nau-
communicates with his or her clients seam—it should be used to simplify
via e-mail should notify his or her an issue, not to confuse or bore the
malpractice carrier. judge or jury.
Judge James M. Rosenbaum and at- The final session on Thursday was a
torney Gregory Joseph held the next discussion of implicit bias. Judge
session and discussed evidence in Mark W. Bennett from the Northern
the 21st century. Judge Rosenbaum District of Iowa began the session by
began this session by stating that it is stating that the idea of implicit bias
impossible to truly get rid of infor- was espoused in 1928, some seventy
mation, and that in this day and age, The Honorable Michael J. Davis wel- years before social scientists em-
data is capturable and routinely cap- comes participants to the Conference. braced the idea, by Minneapolis at-
tured, and this data makes its way torney and civil rights activist Lena
into the courtroom. Joseph discussed serve on the Supreme Court. Olive Smith, who recognized that
the admissibility and foundation Following the luncheon, Professor people unconsciously develop biases
requirements for certain electronic Suzanna Sherry from Vanderbilt that drive their perceptions and so-
evidence. Most notably, he stated Law School provided a Supreme cial interactions. Judge Bennett and
that the content from social network- Court Update. This session was fol- his co-presenter, Judge Bernice B.
ing sites are presumably attributable lowed by a panel discussion on how Donald of the Western District of
to the user. judges and lawyers interact across Tennessee, discussed that today we
the bar in the 21st century. The have studies that show the preva-
The Conference Luncheon began
panel discussed the differences in lence of implicit biases in all aspects
with Chief Judge Riley recognizing
trying to persuade a judge versus a of our culture, including the Judici-
former Chief Judge James B. Loken
jury. Judge D. Price Marshall from ary. They agreed that the best way,
for his years of service as Chief
the Eastern District of Arkansas at least in the courtroom, to address
Judge of the Eighth Circuit. After
noted that the presentation of excel- our implicit biases are to be aware of
some brief remarks, Judge Loken
lent visual aids was useful not just
then presented retired Eastern Dis- Continued on page 10
trict Judge Stephen N. Limbaugh of
the Eastern District of Missouri with
the American Inns of Court Circuit
Professionalism Award. Following
those presentations, there was a trib-
ute to the late Richard S. Arnold,
former Chief Judge of the Eighth Cir-
cuit. Judge Arnold’s brother, Judge
Morris S. Arnold, and the Judge’s
former law clerk, Professor Polly
Price of Emory Law, discussed the
Judge’s life and legacy. Professor
Price, who recently wrote a biogra-
phy of the Judge entitled Judge Rich-
ard S. Arnold: A Legacy of Justice on the
Federal Bench, commented that, along
with Learned Hand, Judge Arnold Mary Doty, The Honorable Mary Kay Klein, and The Honorable David S. Doty at
was perhaps the best judge never to the Conference’s opening reception.
Page 10 Bar Talk | September 22, 2010
Eighth Circuit Judicial Conference
Continued from page 9
The Honorable Jeanne J. Graham, The Honorable Susan Richard Nelson, Becky The Honorable Ann D. Montgomery and
Thorson, and The Honorable James M. Rosenbaum at the opening reception. Ted Smetak at the opening reception.
them and try to eliminate any per- sor, Judge Diana E. Murphy, for set- tice, including cybercrime, child ex-
ceived absence of fairness. The pan- ting a principle of consensus on the ploitation, and technological threats
elists directed the conference to visit Commission. He then went on to to national security. Following this
Harvard’s Project Implicit, which discuss the Commission’s seven-city update, there were tele-video com-
has multiple online tests to deter- tour to mark the 25th anniversary of ments from Senators Amy Klobuchar
mine your implicit biases. Project the Sentencing Reform Act, the up- and Al Franken, and then remarks
Implicit’s website is https:// coming changes to the sentencing from Maury B. Poscover, a member
implicit.harvard.edu/implicit. After guidelines, and the Commission’s of the ABA Standing Committee on
this final session, there was the pending task of producing a report the Federal Judiciary.
Bench/Bar Reception at the Walker to Congress discussing the relation-
The final session of the day was the
Art Center. ship between mandatory minimums
panel discussion with Supreme Court
and the sentencing guidelines.
Friday’s first session was an update Justice Samuel A. Alito, Jr. Chief
from Judge William K. Sessions, III, Following Judge Sessions, U.S. Attor- Judge Riley introduced Justice Alito,
Chairman of the U.S. Sentencing ney B. Todd Jones introduced Acting along with the panel of Eighth Circuit
Commission, regarding the Federal Deputy Attorney General Gary Grin- Judges Arnold, Loken, and Steven M.
Sentencing Guidelines. Judge Ses- dler, who discussed the challenging Colloton, and Judge Patrick J. Schiltz
sions began by praising his predeces- issues facing the Department of Jus- of the District of Minnesota. The panel
U.S. Attorney B. Todd Jones introduces The Honorable Gregory Kishel and The Honorable Myron Bright reconnect at
the Acting Deputy Attorney General. the at the opening reception.