What does it mean to be an ethical judge? How can judges preserve independence yet remain accountable? After a year in which a new Justice was confirmed to the Supreme Court, a Supreme Court decision offered the potential to transform judicial elections across the country, sanctions were considered for judges because of their internet postings and activities, and politicians in California blamed the judiciary for the cost of government business, this Symposium considered issues of ethics, accountability and independence for the judiciary in America and internationally. Domestic experts were joined by members of the judiciary and international tribunals for a wide-ranging and timely set of discussions of pressing issues, reflecting on recent events and charting the way forward.
The two-day event was chaired by Professor Paul D. Paton, Director, Ethics Across the Professions Initiative, McGeorge School of Law, University of the Pacific.
April 9 - 10, 2010
First-day panel topics:
This program was approved for Ethics MCLE credit by The State Bar of California for 5.25 hours for Friday and 4.25 hours for Saturday. McGeorge School of Law certified that this activity conforms to the standards for approved educational activities prescribed by the rules and regulations of The State Bar of California governing minimum continuing legal education.
*This event was co-sponsored by the World Affairs Council of Northern California, Sacramento Chapter.
Paul D. Paton joined the faculty at McGeorge in 2008 as Associate Professor and Director of the Ethics Across the Professions Initiative. From 2004 to 2008 he was Assistant Professor in the Faculty of Law at Queen’s University (Canada). His teaching, research and publications focus on professional responsibility in corporate contexts, the regulation of the legal profession, and ethics in government. He holds a Master’s and Doctorate in Law from Stanford, an M. Phil. in international relations from Cambridge, and undergraduate and law degrees from the University of Toronto. He has twice been named a Fellow of the U.S. National Institute on the Teaching of Ethics and Professionalism, and has served as Vice-Chair of the Canadian Bar Association’s National Ethics and Professional Issues Committee since 2007. His prior professional experience includes service as in-house counsel to PricewaterhouseCoopers LLP and head of its multidisciplinary practice initiative, Justice and Social Policy Advisor to the Premier of Ontario, and partner in one of Canada’s leading law firms. He was Law Clerk to the Chief Justice of the Court of Appeal for Ontario. He currently teaches Professional Responsibility and Corporate Governance.
Dmitry Bam is a Fellow at the Stanford Law School's Center on the Legal Profession. Dmitry's scholarship focuses on the areas of judicial ethics, judicial elections, and the role of the courts in a democratic society. He is also active in the areas of court reform and access to justice, recently co-authoring a White Paper on access to justice with Professor Deborah Rhode. Before joining the Center on the Legal Profession at Stanford, Dmitry was an associate at the law firms of Morrison & Foerster and Jones Day. He also served as a law clerk to Judge Barry G. Silverman on the 9th Circuit Court of Appeals.
Steven Block graduated from U.C. Davis in 1975 and obtained his JD Degree, With Distinction, from McGeorge School of Law in 1978. He was an associate with Porter, Scott, Weiberg & Delehant from 1978 to 1982 and for the last 25 years has been in private practice. The practice has been limited to mediation, arbitration, discovery referee and special master services since 2000. Mr. Block is a member of the State Bar of California, the Anthony M. Kennedy Inn of Court as Master of the Bench, and the American Board of Trial Advocates. He has served as a visiting lecturer at the Stanford University School of Law, University of San Francisco Law School and McGeorge School of Law in various trial advocacy programs. Mr. Block holds an AV peer rating from Martindale Hubble.
Linda Carter was a trial attorney in the honors program of the Civil Rights Division of the U.S. Department of Justice from 1978 to 1981. She worked on voting, housing, and education discrimination cases. She then spent four years as a criminal defense attorney with the Salt Lake City Legal Defender Association, where she tried cases ranging from DUI to murder. In 1984, Professor Carter served as an adjunct professor at the University of Utah, teaching Trial Advocacy. She joined the McGeorge faculty the following fall. She has written on death penalty, evidence, and international treaty issues. She is the co-author of a treatise on Capital Punishment Law and a book on Global Issues in Criminal Law. Her current area of interest is international criminal law, with a focus on war crimes tribunals. She conducted a research project in Rwanda on the "Gacaca" trials in 2005. In the spring of 2007, Professor Carter was a Visiting Professional at the International Criminal Court in The Hague for three months.
Meryl J. Chertoff is an Adjunct Professor of Law at Georgetown Law School and Co-Director of the Justice and Society Program at the Aspen Institute. From 2006 to 2009 she was Director of the Sandra Day O’Connor Project on the State of the Judiciary at Georgetown Law. The Project studies and educates the public about threats to judicial independence. She served as Director of New Jersey’s Washington, D.C. Office under two governors, and served in the Office of Legislative Affairs of the Federal Emergency Management Agency (FEMA), participating in the agency’s transition into the Department of Homeland Security from 2002 to 2003. From 2003 to 2005 she was a member of a legislative relations firm in Trenton, New Jersey, where she represented corporations, professional associations and charitable organizations before the New Jersey State Legislature and regulatory agencies. She was legislative counsel for former New Jersey Assemblyman Richard H. Bagger (R-22nd District), and an adjunct instructor at Seton Hall University School of Law. Professor Chertoff served as a law clerk to Hon. Myron H. Thompson (U.S. District Court, M.D. Ala.) and practiced law for seven years in New York City and New Jersey.
Sarah M.R. Cravens has been with The University of Akron School of Law since 2005. She received her A.B., magna cum laude, from Princeton University, her M.Phil. from Cambridge University and her JD, magna cum laude, from Washington & Lee University, where she was senior articles editor of the Washington and Lee Law Review. Her areas of interest include legal ethics and judicial role. Professor Cravens currently teaches Torts, Professional Responsibility and a seminar on the judicial role. She has been admitted to the Oklahoma state bar, as well as the District of Columbia bar. Prior to joining the Akron Law faculty, Professor Cravens was a law clerk for The Honorable Stephanie K. Seymour in the U.S. Court of Appeals for the Tenth Circuit and was an attorney for Arnold & Porter LLP in Washington D.C. Professor Cravens writes on the role of the judge, focusing in recent articles and book chapters on the concept of impartiality, the use of appearances in recusal analysis, and the importance of explicit reason-giving in judicial opinions.
Richard Devlin is a Professor at the Schulich School of Law and University Research Professor, Dalhousie University, Canada. He is editor and co-editor of several books: Canadian Perspectives on Legal Theory (1990), Critical Disability Theory (2005), Lawyers' Ethics and Professional Regulation (2009). He has authored more than seventy articles. He has been involved in the design and delivery of judicial education programs in Canada, the Commonwealth, the Philippines and Vietnam for more than 20 years. In 2008 he was the recipient of the Canadian Association of Law Teachers Award for Academic Excellence.
Justice Fybel was born and grew up in Southern California. He is a graduate of the University of California at Los Angeles (A.B. 1968) and the University of California at Los Angeles School of Law (JD 1971; Law Review; Order of the Coif). In February 2002, his appointment as an Associate Justice of the Court of Appeal, Fourth District, Division Three (Santa Ana) was confirmed by the Commission on Judicial Appointments. Justice Fybel was a judge of the Orange County Superior Court since April 2000. His assignments included criminal and civil cases.
Since 2004, Justice Fybel has been the Chair of the California Supreme Court's Advisory Committee on the Code of Judicial Ethics. He was also the Chair of the California Supreme Court committee responsible for recommending the structure and rules for the new Supreme Court Committee on Judicial Ethics Opinions. Justice Fybel was the 2005 UCLA Law School Alumnus of the Year for Public and Community Service. Justice Fybel is a member of the Ferguson American Inn of Court and he received the Inn's President's Award. Justice Fybel received the Lifetime Achievement Award from his undergraduate fraternity at UCLA.
Justice Fybel is an Adjunct Professor at Chapman Law School, co-teaching a seminar on The Holocaust, Genocide and the Law. He is a founder of the Ruth and Ernest Fybel Endowed Fund for Literature on Children of the Holocaust, established at the Chapman University Samueli Holocaust Memorial Library. Justice Fybel spoke on "An Analysis of the German Legal System, 1933 to 1945, and the Nuremberg Trials" to the Cardozo Society, a symposium at Chapman University, and the Ferguson Inn of Court.
Charles G. Geyh's teaching and scholarship focus on the operation of state and federal courts in relation to the political branches of government and the legal profession. He is the author of "When Courts and Congress Collide: The Struggle for Control of America's Judicial System" (University of Michigan Press 2006), coauthor of "Judicial Conduct and Ethics" (Fourth ed., Lexis Law Publishing 2007) (With Alfini, Lubet and Shaman), and "Disqualification: An Analysis Under Federal Law (2d ed. Federal Judicial Center, forthcoming 2010). His work on judicial independence, accountability, administration and ethics has appeared in over 40 books, articles, book chapters and reports. A recipient of the Leon Wallace Teaching Award and a two-time recipient of the IU Trustees' Teaching Award, Geyh teaches courses on civil procedure, legal ethics, federal courts, and the relationship between courts and legislatures. Following graduation from University of Wisconsin Law School, he clerked for Judge Thomas A. Clark of the U.S. Court of Appeals for the Eleventh Circuit. He then worked as an associate at Covington & Burling in Washington, D.C., and served as counsel to the U.S. House of Representatives Committee on the Judiciary. Professor Geyh began his teaching career in 1991 at the Widener University School of Law and joined the law faculty at Indiana in 1998.
Mark Harrison, whose professional life spans 50 years, is a member of Osborn Maledon,
P.A. in Phoenix, Arizona and concentrates his practice in the areas of legal and judicial
ethics and appellate matters. He has represented lawyers in disciplinary proceedings
for more than 25 years and has represented judges and the Arizona Judicial Conduct
Commission in judicial discipline proceedings. He served as chair of the ABA Commission
to Evaluate the Code of Judicial Conduct, which was unanimously adopted by the ABA
House of Delegates in 2007.
Harrison served as president of the State Bar of Arizona in 1975-1976, president of the Maricopa County Bar Association in 1970 and was elected president of the National Conference of Bar Presidents in 1977. He received the Michael Franck Professional Responsibility Award from the American Bar Association in 1996, was Chair of the ABA Special Coordinating Committee on Professionalism in 1988, and has served as a member of the Arizona Supreme Court Special Committee on Lawyer Discipline and Professional Conduct, the Arizona State Bar Ethics Committee, the Arizona State Bar Special Committee on the Model Rules of Professional Conduct, and the Arizona State Bar Committee on Professionalism. He was recently named the 2010 recipient of the National Conference of Bar Presidents (NCBP) Fellows Award.
Robert Hawley is currently Deputy Executive Director of the State Bar of California. His areas of responsibility for the State Bar, among other things, include oversight of the State Bar's Professional Competence Unit which administers the Ethics Hotline, the Committee on Professional Responsibility and Conduct (COPRAC), the State Bar's professional responsibility publications and other functions related to the development of California's Rules of Professional Conduct. He also is the State Bar's employee relations officer and oversees all labor and employment functions. He received his Juris Doctorate (JD) from the University of California, Hastings College of Law and his Masters in Law (LL.M) from New York University, School of Law. Mr. Hawley began his legal career as a disciplinary prosecutor for the State Bar. He then entered private practice for over ten years representing management in labor and employment matters before state and federal courts and administrative agencies. He served as a member of the State Bar's Standing Committee on Professional Responsibility and Conduct (COPRAC) as well as its Chair and Special Advisor. Prior to rejoining the State Bar's staff, he served as Risk Management Chair and Deputy Managing Partner for a major Bay Area law firm. Mr. Hawley has taught professional responsibility and labor law at various Bay Area law schools for the past twenty years, and is currently on the adjunct faculty of McGeorge School of Law.
The Honorable Mr. Justice John Hedigan was educated at Belvedere College, Trinity College Dublin and King’s Inns. He was called to the Bar of Ireland in 1976, to the Bar of England and Wales (Middle Temple) in 1986 and to the Bar of New South Wales in 1993. He was called as Senior Counsel in 1990. Judge Hedigan practiced largely in administrative, constitutional and commercial law. In 1998 he was elected a Judge of the European Court of Human Rights by the Parliamentary Assembly of the Council of Europe. He served there until his appointment in 2007 by the President of Ireland to the High Court of Ireland. On the European Court of Human Rights Judge Hedigan was Vice President of the Third Section. Judge Hedigan was also Chair of the Committee on Status and Conditions of Judges, of the Information Technology Committee and of the Languages Committee. He also sat on the Rules Committee and the Library Committee. On the High Court in Ireland, Judge Hedigan currently works on the judicial review side.
Judge Irwin is one of the original six members of the Nebraska Court of Appeals, created
in 1991. He became Chief Judge in September 1998 and served as Chief Judge through
September 2004. He was elected president of the National Council of Chief Judges of
the State Courts of Appeal in 2004.
He is active in the areas of court reform and judicial ethics, most recently co-authoring an article for the Fordham Urban Law Journal and presented at the Fordham Law School symposium, Rethinking Judicial Selection: A Critical Appraisal of Appointive Selection for State Court Judges. He also presented at the 2006 American Bar Association annual meeting, in a program entitled "Silencing the Court: Judicial Impartiality v. Free Speech, A Mock Supreme Court Argument."
He served as chair of the Nebraska Supreme Court Judicial Ethics Committee from 2002 through 2004 after having served on the Ethics Committee since 1998. His interests also include social justice issues. He has co-chaired the Criminal and Juvenile Justice Subcommittee of the Nebraska Supreme Court Minority Justice Committee since its inception in 2000. The Nebraska Minority Justice Committee (MJC) is a unique statewide collaboration that works to develop and implement just and sustainable policy reforms that will not only improve the system of justice but will also strengthen public trust and confidence in our laws and court system. The mission of the Committee is to achieve three primary aims: addressing racial disparities in both the juvenile and adult justice systems; ensuring equal access to justice; and increasing the diversity of Nebraska's judicial work forces and legal profession.
In addition, since 2008 he has been a Faculty Fellow for the University of Nebraska Public Policy Center involved in research and scholarship on projects related to the law and judicial system, improving the law and judicial system, and more meaningful participation in governmental processes.
Judicial education has involved much of Judge Irwin's time. He has made presentations for the American Bar Association, most recently including the ABA's Appellate Practice Institute and the ABA's Appellate Judges Conference. He also teaches at the Creighton University School of Law.
Leslie Jacobs has been a Professor at McGeorge since 1993. During this time, she has authored a substantial and important body of scholarship on constitutional doctrine, governance and national security. Currently, Professor Jacobs serves as Director of the McGeorge Capital Center on Government Law & Policy, dedicated to studying issues of federalism and government structure and aiding government policymakers who must navigate their complexities.
James E. Moliterno is the Vincent Bradford Professor of Law at Washington & Lee University School of law. For 21 years prior to joining the W&L faculty in 2009, he was the Tazewell Taylor Professor of Law, Director of the Legal Skills Program, and Director of Clinical Programs at the College of William & Mary, serving also as Vice Dean from 1997-2000. He has taught legal ethics courses and professional skills courses at four law schools over the past twenty-eight years. A member of the American Law Institute, he has held committee leadership roles in both AALS and the ABA. He is author or co-author of five books including Global Issues in Legal Ethics (West 2007, with G. Harris). He is also the author of numerous articles on legal ethics and the teaching of legal ethics. The William & Mary Legal Skills Program, under his direction, was recognized as a model for the teaching of professional skills and ethics, receiving the inaugural ABA Gambrell Professionalism Award in 1991. The Program has been visited by representatives of numerous law faculties, including those representing schools in Japan, Russia, Czech Republic, and Australia. The course has been modeled at many US law schools and by law schools on four continents. He has engaged in substantial international legal ethics work, designing new lawyer and judge ethics courses in Serbia, Armenia, Georgia, Czech Republic, Japan and Thailand. He has done law professor training in China, Thailand, Georgia, Armenia and Serbia. He has worked to revise the lawyer ethics code in Thailand and lectured extensively on international lawyer ethics topics in Spain.
Professor Moylan joined the faculty in 2000. Prior to coming to McGeorge, she was a civil litigation associate with one of Sacramento's largest law firms, Downey Brand Seymour & Rohwer. Professor Moylan clerked for Judge Lawrence K. Karlton, U.S. District Court, Eastern District of California, following graduation from law school at Case Western Reserve University. She also practiced political law with Olson, Hagel & Fishburn in Sacramento. While a law student, Professor Moylan was a co-founder of the Miami-based Haitian Refugee Center National Project.
Dean Elizabeth Rindskopf Parker became the eighth Dean in McGeorge history on July 1, 2002. A noted expert on of national security law and terrorism, Dean Parker served 11 years in key federal government positions, most notably as General Counsel for the National Security Agency, Principal Deputy Legal Adviser, Department of State, and General Counsel for the CIA. In private practice, she has advised clients on public policy and international trade issues, particularly in the areas of encryption and advanced technology.
Fausto Pocar is Professor of International Law at the Law Faculty of the University
of Milan, where he has also served as Dean of the Faculty of Political Sciences and
Vice-Rector. As of 1 February 2000, he has been a Judge of the International Criminal
Tribunal for the former Yugoslavia (ICTY) in The Hague. From 2003, he served as Vice-President
and, from 2005 until 2008, as President of the ICTY.
Since his appointment, he has served first as a Judge in a Trial Chamber and later in the Appeals Chamber of ICTY and ICTR (International Criminal Tribunal for Rwanda), where he is still sitting.
Judge Pocar has a long standing experience in United Nations activities, in particular in the field of human rights and humanitarian law. He has served as a member of the Human Rights Committee. Further, he was appointed Special Representative of the UN High Commissioner for Human Rights for visits to Chechnya and the Russian Federation in 1995 and 1996. He has also been the Italian delegate to the Committee on the Peaceful Uses of Outer Space and its Legal Subcommittee.
Judge Pocar is the author of numerous publications on Human Rights and Humanitarian Law, Private International Law and European Law. He has lectured at The Hague Academy of International Law and is a member and treasurer of the "Institut de Droit International."
Ronald B. Robie has served as an Associate Justice on the California Court of Appeal,
Third Appellate District, since January 2002. Previously he served from 1983 as a
Judge of both the Sacramento Superior and Municipal Courts. He was presiding judge
in 1994-95. He was named "Judge of the Year" by the Sacramento County Bar Association
Justice Robie currently is a member of the Board of Directors of the National Center for State Courts. He is the Chair for 2010 of the California Commission on Access to Justice and the Supreme Court Committee on Judicial Ethics Advisory Opinions. He served as a member of the Chief Justice's Commission for Impartial Courts and Chair of its Task Force on Judicial Selection and Retention. He formerly was a member of the Judicial Council of California, the governing body for California Courts , and the Federal-State Judicial Council.
Education is a special interest of Justice Robie. He has taught water law and environmental law at the McGeorge School of Law, University of the Pacific, since 1970. He is Chair of the Governing Committee of the California Center for Judicial Education and Research (CJER) and has taught at many institutes and programs conducted by CJER, including a course on the California Environmental Quality Act.
Prior to assuming the bench, Justice Robie was a leader in California Water matters. He served from 1975 to 1983 as Director of the California Department of Water Resources and from 1969 to 1975 as a member and Vice Chair of the California State Water Resources Control Board. This followed service as a Legislative Intern and Committee Consultant to the California Legislature, Assembly Committee on Water from 1960 to 1969 where he wrote many significant water laws. In 1975 he served as Chair of the Water Committee of the American Bar Association Section of Environment, Energy and Resources. Since 1974, Justice Robie has been the California Reporter for the Rocky Mountain Mineral Law Institute's Water Law Newsletter and is a co-author of California Civil Practice, Environmental Litigation, first published in 1993 by Thomson-West Publishing Co. He is a co-convener of "Dividing the Waters," an educational project for water judges, masters, and referees affiliated with the National Judicial College. He is also a member of the Board of Directors of the Water Education Foundation.
Ronald D. Rotunda joined Chapman in 2008. He is a magna cum laude graduate of Harvard College and a magna cum laude graduate of Harvard Law School, where he was a member of Harvard Law Review. He joined the University of Illinois faculty in 1974 after clerking for Judge Walter R. Mansfield of the United States Court of Appeals for the Second Circuit, practicing law in Washington, D.C., and serving as assistant majority counsel for the Watergate Committee. He has co-authored the most widely used course book on legal ethics, Problems and Materials on Professional Responsibility (Foundation Press, 9th ed. 2006) and is the author of a leading course book on constitutional law, Modern Constitutional Law. He is the coauthor of, Legal Ethics: The Lawyer's Deskbook on Professional Responsibility). Rotunda is also the co-author of the six volume Treatise on Constitutional Law, and a one volume Treatise on Constitutional Law . He is also the author of several other books and more than 200 articles in various law reviews, journals, newspapers, and books in this country and in Europe. He has been interviewed on radio and television on legal issues, both in this country and abroad. In 1993 he was the Constitutional Law Adviser to the Supreme National Council of Cambodia and assisted that country in writing its first democratic constitution. He has consulted with various new democracies in Eastern Europe and the former Soviet Union, including Moldova, Romania, and Ukraine, on their proposed constitutions and judicial codes. He chaired the subcommittee that drafted the American Bar Association's Model Rules for Lawyer Disciplinary Enforcement; is a member of the Publications Board of the A.B.A. Center for Professional Responsibility since 1994; was a member of the A.B.A. Standing Committee on Professional Discipline (1991-1997); and was Liaison to the A.B.A. Standing Committee on Ethics and Professional Responsibility (1994-1997). In 1996 he assisted the Czech Republic in drafting the first Rules of Ethics for lawyers in that country.
Leigh Swigart is director of Programs in International Justice and Society at the International Center for Ethics, Justice, and Public Life of Brandeis University. She oversees the Brandeis Institute for International Judges and the Brandeis Judicial Colloquia, as well as other programs for members of the judicial and human rights communities worldwide. She is the coauthor of The International Judge: An Introduction to the Men and Women Who Decide the World's Cases. Her academic work and publications have focused on language use in post-colonial Africa and recent African immigration and refugee resettlement in the United States. She has wide experience in international education, including a tenure as director of the West African Research Center in Dakar, Senegal, and she has worked in the field of international literacy and indigenous language promotion. Holding a Ph.D. in sociocultural anthropology from the University of Washington, Swigart is a two-time Fulbright Scholar and recipient of the Wenner-Gren Foundation Fellowship for Anthropological Research.
Eli Wald holds SJD and LLM degrees from Harvard Law School and LLB and BA degrees from Tel-Aviv University. Prior to joining the University of Denver Sturm College of Law he was a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York City. Wald’s academic interests include the American legal profession, legal ethics and corporate law. His recent research has examined topics such as attorneys’ loyalty to clients, increased lawyer mobility, attorney-client communications and the ethno-religious and cultural identity of large law firms. Prof. Wald, a CLE instructor, legal ethics expert commentator for LexisNexis and expert witness, is a member of the Colorado Supreme Court Standing Committee on the Colorado Rules of Professional Conduct and a member of the Colorado State Bar Association’s Ethics Committee.
Brad Wendel joined the Cornell faculty in 2004, after teaching at Washington and Lee Law School from 1999 to 2004. Before entering graduate school and law teaching, he was a product liability litigator at Bogle & Gates in Seattle and a law clerk for Judge Andrew J. Kleinfeld on the U.S. Court of Appeals for the Ninth Circuit. His teaching interests are in the regulation of the legal profession and torts, and his research focuses on the application of moral and political philosophy to problems of legal ethics.