Chief Brief, January 2019

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 Volume 11, issue 3
  JANUARY 2019
President's Message
  by Judge Margret G. RobbJudge Robb


  After anticipating San Diego for so long, it is hard to believe we have met and are now eagerly anticipating Denver 2019. Every year I know we all say, how can it get better, and every year we have new and exciting speakers, topics, and social events.

  Kudos to Glen Acree and the Annual Conference Committee. Thanks so much to Justice McConnell and Justice Ramirez who did double duty as our hosts and as active members of the educational part of the conference. And a special thanks to Justice McConnell’s staff and to her clerk executive officer, Kevin Lane, who helped to make all this possible.

  Thanks to the Membership Committee led by Judge Mark Pfeiffer, of Missouri, and Sandee Marian, of Texas. We had a record number of new members and attendees. Judge Susan Gantman has created a wonderful orientation program for new members and attendees, detailing who we are and what we do, so that everyone can join and hit the ground running. Buddy judges welcomed our new friends and introduced them to everyone, so that by the time the initial reception ended, there were no new chiefs—we were already “old” friends.

  Our theme of communications covered the gamut—internal, peer, and chamber communications, and external, interbranch, the public, and the legal community. We learned the importance of effective communication to enhance and maintain our credibility and efficacy.

  We learned the need for and benefits of being mindful and learning to be “in the zone.” And we even had some interactive decision making with Nancy Abel and discussions about harassment issues we might face as chiefs. And the thoughtful remarks by Judge Margaret McKeown gave us much to think about.

  The tour of the border and the story of discrimination that was highlighted in Mendez v. Westminster provided a sobering picture of issues that still linger. And security of our courts’ information and our persons remain a constant concern.

  And, at least for me, the final evening on the Midway was special—the tour of the ship, the dinner itself, the band, and the view from the deck couldn’t have been better.

  How did we fit all that in just a few days?

  Thanks to Chief Judge May and Florida for making it possible for us to have our very first conference app. We plan to add even more features next year. So, all you non-downloaders—get ready. And if you fancy yourself as a techy person, we are always on the hunt for you! We have lots for you to do.

  So please, roll up your sleeves and let’s all get to work. This is a year of exploring how CCJSCA does what we do; what else we can do; and how we can do it better. Every committee has so much to do. If you’re not on a committee, please let me know so we can add you to one. If you have ideas, please share them. If you know someone who isn’t involved, let them know the value of being involved—we are only as good as each member shares. If this was your first conference, please share why you found it important, not just to you personally, but also for your court and your state.

  I look forward to a wonderful year knowing that I am among friends. My “proverbial” door is always open (my phone number and email are online), and I would love to hear from you—suggestions, concerns, ideas, thoughts, and wishes. And, if you’re passing though Indiana, please let me know. Thanks again for your trust in me.

Book Drive

2018 Annual Conference Book Drive
  by Chief Judge Frankie Moore

  The Council once again hosted a book drive at our annual conference in San Diego. Presiding Justice Judith McConnell identified Monarch School students in grades K-6 as the recipients. Monarch School has served San Diego for nearly 30 years, beginning as a one-room education center and expanding into a K-12 comprehensive school designed to educate homeless youth. On December 5, 2018, Justice McConnell presented 257 donated books collected at the conference to the Monarch School. She was given an amazing tour of the school and met many of the wonderful students, teachers, and the principal.  

A Successful San Diego Conference 
   by Judge Glenn E. Acree

  The 39th Annual Conference of the CCJSCA in San Diego was a success. The retooled New Chief Judge and First-Time Attendee Orientation enjoyed the greatest attendance to date, and our community outreach project, the fifth annual book drive, gathered enough books to keep kids at the Monarch School reading for months.

  As always, the opening reception allowed old friends and new to set a casual tone for a great conference. Primed for learning, we were treated to some of the best presentations of any conference, beginning with our keynote.

  Dean Emeritus Geoffrey Cowan, of the USC Annenberg School of Communication and Journalism, nicely blended current events and our theme—California Dreamin’: Perfecting the Art of Communication as Chief—with his address, “How Can Courts Maintain Trust and Credibility in an Era When Facts and Truth Are Under Assault?”

  The program then turned to the origin of all judicial communication—the mind. Hall of Fame trial lawyer Lisa Blue had us thinking about how mindfulness and meditation (including our own little meditation session) can help us think better, and longer, and even alleviate cognitive impairment.

  A session by Judge Margaret McKeown of the Ninth Circuit highlighted the latest ethics issues facing chief judges nationally from her perspective as a drafter of judicial codes of conduct. The judge was followed by a Thomson-Reuters short session on new forms of artificial intelligence for researching that left us wanting more. We took a unique look at opinion writing and editing that, thanks to the Internet, is subject to worldwide critique, challenging us to bear in mind issues of privacy, security, and clarity.

  Sandwiched in among our guest speakers, we tapped into the wisdom of our own members who led our most successful round-table discussions yet. This experience-led session focused on how we communicate with three different audiences—the legislature, the bench and bar, and new judges.

  Highlighting historical perspective, we took an engaging look at “Mendez v. Westminster: Using the 14th Amendment 7 Years Before Brown,” a desegregation case that was a prelude to Brown v. Board of Education. It was a natural transition into “Immigration Law for State Courts of Appeal—What Jurists Need to Know,” a study of the challenges faced by courts in dealing with litigants, criminal defendants, and other parties who are not citizens.

  We then had a timely break in classroom work when we took a field trip to the San Diego field station for US Customs and Border Protection before reboarding buses for a tour of No-Man’s Land at the US-Mexico border itself.

  By far the presentation with the highest marks, in a conference of highlights, was “Breaking Barriers,” presented by Chief Justice Richard A. Robinson of the Supreme Court of Connecticut. The multimedia session challenged our perspectives on bias inherent in all persons.

  Rounding out our communications theme, we had some pointers about one means of judicial expression—the public speech. Barbara Tannenbaum, a Brown University senior lecturer in theatre arts and performance studies, presented “Wow Your Audience: Fine-Tuning the Art of Verbal Communication.”

  We were then on to a new cyber-security program, followed by a presentation on sex-based harassment in the workplace, with Nancy Abell giving us tips on how to protect the Ccourt and its employees from misconduct.

  We wrapped up the week with a conversation between, and interaction with, Stanford Law School Professor Pamela S. Karlan and University of San Diego School of Law Professor Michael Ramsey giving us “Two Views on the Latest Constitutional Law Decisions.”

  It was an education program chock full of gold nuggets. But our social agenda, too, was its own treasure. Local guides and volunteers from the spouse group functioned as excursion coordinators for Wednesday at the San Diego Zoo, topped off by an evening Fiesta at Casa Guadalajara. On Thursday afternoon, spouses and guests joined the chiefs for the border tour, and that evening spent their free time exploring the region.

  On Friday, guests and spouses visited the iconic Hotel de Coronado National Historic Landmark and temporary home to presidents, royalty, and celebrities. After lunch at the hotel, they strolled the shops and took in the entertainment around the corner on Orange Avenue. The grand finale took place on the aircraft carrier USS Midway, a floating museum at the San Diego Navy Pier, where we dined and were entertained by an Orange County native, Judge Geoffrey Glass, and his band, Blues Offenders.

  Yes, San Diego set a high bar. But we have every confidence that the 2019 conference in Denver will clear it handily.

Conference Group

First-Time Attendees
  By Chief Judge Frankie Moore

  We were very pleased to have twelve new judges in attendance at our annual conference in San Diego. Below is a photograph of the attendees taken on the last day of the conference. The new judges in attendance were:

  • Kentucky Court of Appeals Chief Judge Denise Clayton
  • Missouri Court of Appeals (Eastern District) Judge Colleen Dolan
  • Hawaii Intermediate Court of Appeals Chief Judge Lisa Ginoza
  • Massachusetts Court of Appeals Chief Justice Mark Green
  • California Court of Appeal Administrative Presiding Justice Mary Greenwood
  • California Court of Appeal Administrative Presiding Justice James Humes
  • Florida Court of Appeals (Second District) Chief Judge Edward LaRose
  • California Court of Appeal Administrative Presiding Justice Elwood Lui
  • Washington Court of Appeals (Division II) Chief Judge Bradley Maxa
  • Michigan Court of Appeals Chief Judge Christopher Murray
  • Missouri Court of Appeals (Eastern District) Chief Judge Lisa Page
  • Texas Court of Appeals (Second District) Chief Justice Bonnie Sudderth

We welcome these new chiefs! We also thank Chief Judge Murray for his article below, which describes the experiences he and his wife enjoyed attending their first annual CCJSCA conference. 

First-Time Attendees

Our First Time
   by Judge Christopher M. Murray 

  Bill Murphy and Mike Talbot are my predecessors as chief judge of the Michigan Court of Appeals, and, as most of you know, they are wise men. Thus, when both Bill and Mike spoke so very highly about the Council of Chief Judges, and strongly encouraged me to become involved and attend the San Diego conference, I took their efforts seriously. However, despite my respect for their opinions, it remained true that I’m not the biggest fan of conferences and meetings, and so I was still hesitant. As a result, I put off the decision about attending the San Diego conference. But then I informed my wife Bridgette (a native of San Diego) about the conference, and there was no more equivocating. It was off to San Diego!

  Attending the conference was, of course, a great decision. And no, it’s not just because of the warm weather and wonderful events we attended, though those certainly helped (especially as I write this with snow and 25 degrees outside). Instead, it was meeting all the great people from across the country, and the educational programming, that made the conference so worthwhile. The “first-timers” meeting on Tuesday was a great introduction to the organization and a terrific way to meet others. It was a warm welcome. And, as a result of that meeting, Bridgette and I quickly hit it off with Colorado Judge Steve Bernard and his wife Molly at Tuesday’s social hour.

  The programs were both entertaining and informative, particularly one of the last ones where we sat in groups and discussed how each court dealt with certain issues. It was nice to learn that other courts were dealing with many of the same administrative issues, and how those courts addressed them. I also truly enjoyed the high-energy presentation on “mindfulness,” though I must admit, I am still working on improving in that regard!

  Of course, in the end it is always the people and contacts that are made at the conference that really count. Aside from the Bernards, Bridgette and I had a wonderful time with Texas Judge Jim Worthen and his wife at the Mexican dinner, and I really enjoyed many interesting and fun conversations with Texas Judge Kem Frost, who has some Michigan ties. There were many, many others Bridgette and I, or just me, met and enjoyed our time with. Additionally, New Jersey Judge Carmen Messano and I have exchanged our respective court’s research reports that are provided to panels to help us (or at least me) evaluate the product provided to our judges.

  All in all, it was a fantastic first conference for both me and Bridgette. Thanks to all who put so much effort into making it that way. (And another big thanks to Judge Robb for a memorable evening on the USS Midway—that was fantastic!)

The USS Midway
  By Chief Judge Frankie Moore

  It was either a great coincidence or a dream come true for Lynn Kuderka when she stepped onboard Midwaythe USS Midway in San Diego for the first time. Lynn had heard many stories growing up from her father who served in the United States Navy from 1948 to 1953. Lynn’s father, William, joined the Navy in 1948 when he was just 18 years old. William was assigned as a seaman on the Midway and enjoyed talking about his travels to France, Italy, and Greece and how he spent much of his days on board as a cook.

  First commissioned in 1945, the USS Midway was stationed in Norfolk, Virginia and toured various European and Mediterranean ports from 1945 to 1953. When Lynn arrived onboard the Midway for the CCJSCA Farewell Reception, Sydney, her senior administrative specialist, informed her that she was about to have a special docent tour of the ship’s galley. To Lynn’s delight she was soon greeted by Paul Grande, a docent and Navy veteran who also served onboard the Midway in the 1960s. Paul took Lynn and her husband, Richard, down to the hangar deck showing them the original plans and specifications for the aircraft carrier, along with plans used to modify the flight deck to its current angled formation. He also showed them the location of the enlisted sailor’s bunks.

  From there Paul continued the tour downstairs to the galley and chow line. “This is when it began to feel surreal,” Lynn said. She got to experience life behind the scenes where her father spent a good deal of his time onboard. Paul showed Lynn a collection of menus and recipes that were often used to prepare up to 14,000 meals a day. In addition, they toured the meat freezer and food storage locations. According to Lynn, the dining location, cookware, appliances, and even the serving trays were all original to the Midway.

  They continued to explore the wardroom, where the Midway’s officers dined. Lynn said it was a lavish setting compared to the galley hall dining, although her father never complained. The tour concluded with a brief overview of the medic area and the restored aircraft on the flight deck. The evening was even highlighted by a selection of foods from the Midway’s ports of call. “I’m incredibly honored to tour the ship my father spent five years of his life on,” Lynn told Paul. “It was a coincidence that CCJSCA selected the Midway for their farewell dinner, but it was a dream come true for me! Thank you, Paul, Sydney, and CCJSCA!”

Communication Committee
  By Chief Judge Karen Arnold Burger

  The new ad hoc Communications Committee will have its first meeting in January. The Committee is made up of the chairs of the following standing committees: Newsletter, Website, Education, Long Range Planning, and Technology. The Executive Committee, under the leadership of Judges Melanie May and Maggie Robb, established this new committee to better explore how the CCJSCA communicates with its members. The goal is a lofty one of suggesting how we can better meet the needs of our members more effectively. We will report on our progress in future Chief Briefs, but in the meantime if you are a member of an organization that you believe does a great job of communicating with membership, please send our committee the name of the group, and we will follow up in our effort to identify best practices. 

“Calling All Nominations”
  By Judge Melanie G. May

  The Nominating Committee is charged with making recommendations for the Executive Committee slate and for the CCJSCA Hall of Fame. This year’s committee consists of Judges Melanie G. May (Florida), chair; William Murphy (Michigan); William D. Palmer (Florida); Vance W. Raye (California); and John C. Martin (North Carolina).

  While the Nominations Committee will not truly begin its work until later in 2019, we want our membership to be on board before the ship sails. We encourage any member interested in becoming involved in leadership, or if you know someone else who might be interested, to let us know. For that reason, we ask that you take a moment to consider the possibilities. To make a recommendation, please submit a written nomination, including the nominee’s qualifications and proposed contributions, to the Executive Committee.

  We will also be reviewing nominations for our Hall of Fame. Those nominations are due by June 30, 2019. To be eligible, the person must have been a CCJSCA member for a minimum of five years, if a judge, or provided significant and substantial service to the Council for at least five years, if not a judge. The nominee must “have provided extensive service to the CCJSCA that advanced the CCJSCA mission in a unique and extraordinary manner over and above the performance of those duties specifically assigned to members and officers by the CCJSCA’s Articles of Incorporation and Bylaws.” The nominee may have “other notable accomplishments that bring honor and distinction upon the CCJSCA.” And, the nominee may be retired or deceased, but may not be a regular, associate, or provisional member.

  Don’t be shy. We want to hear from you! 



2019 Annual Conference
 By Chief Judge David W. Gratton

  The Annual Conference Committee is looking forward to a busy and exciting 2019. The CCJSCA Annual Conference for 2019 will be held in the Mile High City of Denver, Colorado on October 15-18, 2019. Our venue and accommodations will be the historic Brown Palace. The Brown Palace was built in 1892 and has hosted, among other numerous luminary figures, nearly every United States president beginning with Teddy Roosevelt. The recently remodeled Brown Palace is located in the vibrant Denver downtown, where many of our conference social events will occur. Our Denver hosts, Chief Judge Alan Loeb and Chief Judge Steven Bernard, are planning social events highlighting Denver’s history and showcasing all the city has to offer.

  In 2019 we will celebrate the 40th anniversary of the organizing of the CCJSCA. In honor of our anniversary, our conference theme is Learning from the Past; Planning for the Future. The annual conference planning committee has begun to identify speakers and presentations relevant to our theme and our role as chiefs. Soon our committee will meet to develop a tentative conference program and then work throughout the new year to present a conference to remember. We look forward to seeing everyone in Denver in October!

Jennifer Haire
  By Chief Judge Rita W. Gruber

  Jennifer Haire, director of Association and Conference Services for the National Center for State Courts Jennifer(NCSC), celebrated her six-year anniversary with NCSC in June of 2018. Jennifer was familiar with NCSC before coming onboard, as the previous supplier for NCSC and their associations’ hotel contracts. Her background is in hospitality, from supervising hotel front-desk operations in Dallas after college to selling the great city of Indianapolis with the Convention and Visitors Bureau. She has lived in Northern Virginia for over 20 years and loves the area. Although a Texas girl at heart and a huge Cowboys fan, she enjoys the seasons the East Coast has to offer. In her free time, she is a golfer, attending the Masters last April, and dotes on her Puerto Rican rescue pup, Josie. She enjoys travel, friends, good food, and wine. She spent the holidays in Rome and Barcelona where she took full advantage of all of the food, wine, and tours the region had to offer.

  When asked what she likes most about her position and NCSC, “I really like interacting with all our associations, their leadership and members. It’s taught me so much about the court system and the amount of work it takes to be a part of it. I take pride in my team of 9—they do an outstanding job for our clients and constituents.”

  She is an active member of the American Society of Association Executives (ASAE) and serves on the Meetings and Exposition Council. She received her Certified Meeting Professional (CMP) designation in 2004. She is also a volunteer for a local animal rescue, Lost Dog and Cat Rescue, which also happens to be where she rescued Josie!

You Can't Beat a Kansas Cookout

  The Kansas Judicial Center’s Fun Committee put together a big event in mid-October called “BurgersBurgers with the Chiefs with the Chiefs.” Around 130 employees of the appellate courts and related administrative offices got together to enjoy burgers and brats, prepared by Kansas Supreme Court Justice Lawton Nuss and Chief Judge Karen Arnold-Burger, at the Judicial Center. Employees brought side dishes and desserts, which could be entered into a tasters’ choice contest. Employees at the event voted for their favorite dishes. In order to advertise the event, Lisa Taylor, public information director for the Kansas Supreme Court, produced a black-and-white western-themed silent video reminder using the event's theme, “Meanwhile, back at the Branch . . .,” featuring Chief Justice Nuss and Chief Judge Arnold-Burger.
  (This article originally appeared in the fall 2018 edition of Connected. Used with the permission of the National Center for State

Nebraska Court of Appeals Commemorates Constitution Day at York College

The Nebraska Court of Appeals Celebrated Constitution Day on the York College campus on September 13, 2018. College and area high school students attended the event. The Court of Appeals sat in their customary two panels in the Bartholomew Performing Arts Center with Judge Lawrence Welch, Jr., presiding in the morning and Judge David Arterburn presiding in the afternoon. This college campus initiative, designed by judges of the Court of Appeals, is intended to provide Nebraskans the opportunity to learn about the judicial branch. Students were provided with a description of the appellate court process, briefs and summaries of cases, and background information on the court system and judges.
(This article originally appeared in the fall 2018 edition of Connected. Used with the permission of the National Center for State Courts.)

CCJSCA Executive Committee

Margret G. Robb, President, Court of Appeals of Indiana, Fifth District
Brad R. Hill, President-elect, 5th District Court of Appeal, California
Stephen W. Powell, Vice President, Twelfth District Court of Appeals, Ohio
Morris Silberman, Secretary-Treasurer, Second District Court of Appeal, Florida
Melanie G. May, Immediate Past President,  Florida Court of Appeal, Fourth District
Kem Thompson Frost, Fourteenth Court of Appeals, Texas
Susan Peikes Gantman, Pennsylvania Superior Court
David W. Gratton, Idaho Supreme Court
Josh R. Morriss III, Sixth Court of Appeals, Texas
Mark D. Pfeiffer, Missouri Court of Appeals, Western District
Vance Raye, 3rd District Court of Appeal, California

CCJSCA Newsletter Committee

Frankie J. Moore, Chair, Nebraska Court of Appeals, District 6
Karen Arnold-Burger, Kansas Court of Appeals
Susan M. Chehardy, Louisiana Court of Appeal, Fifth Circuit
Sylvia Cooks, Louisiana Court of Appeal, Third Circuit
Rita M. Gruber, Arkansas Court of Appeals, District 6
John M. Melanson, Idaho Court of Appeals
Linda M. McGee, North Carolina Court of Appeals
Chris Murray, Michigan Court of Appeals, First District
Jeff Rose, Texas Court of Appeals, Third District
Jonathan Sutin, New Mexico Court of Appeals