Federal Jurisdiction Federal Bar Association Utah Chapter Newsletter Summer 2017 President s Message by Amber Mettler In This Issue: As we transition into summer, I am happy to report that 2017 has gotten off to a great start for the FBA, which include some exciting changes. For the first time ever, we held a membersonly free luncheon CLE on April 10th at the federal courthouse featuring David Schwendiman, Lead Prosecutor for the Special Investigative Task Force. On April 20th, more than 60 FBA leaders from around the country, including our very own Kris Angelos and Jonathan Hafen, met with Senate and House lawmakers to express their support for adequate funding for the federal courts and the filling of judicial vacancies. We hosted our second annual Classroom to Courtoom event on April 26th, bringing more than 70 9th graders from Cyprus High School in Magna, Utah to the federal court where they attended various court hearings and heard from Judge Kimball, Judge Nuffer, Judge Parrish, and former Magistrate Judge Sam Alba. Finally, on May 11-13, we held the Tenth Annual Southern Utah Federal Law Symposium in St. George and on May 19th, we held the Eleventh Annual Criminal Law Seminar. If you were able to keep track of all of these and our other events, you might have noticed that our Chapter is now communicating with members via Gmail (utahfba@gmail.com), is active on Facebook (Federal Bar Association -- Utah Chapter), and is now offering online event registration through Eventbrite. The support of our members allows our chapter to actively support our federal court, to expand our community outreach and civics engagement efforts, and to continue to provide high quality continuing legal education. We look forward to finding new opportunities to show our appreciation for our members, increase our community engagement, and make it easier to find out what our chapter is up to. If you have any questions or comments, please let me know at amettler@swlaw.com. Thank you for your support! President's Message 1 On the Road Again with the Honorable Judge Dee Benson 2 Federal Bar Association's Annual Capitol Hill Day 3 Tri-State Conference 4 Classroom to Courtroom 5 Federal Appointment Wheel 6 Criminal Law Seminar 7 Southern Utah Federal Law Symposium 8 Events Calendar 9 Board Information 10
On the Road Again with the Honorable Dee Benson by Scott Young As the Honorable Dee Benson settles into an old leather couch and scans his chambers in the new federal courthouse, his eyes rest on a black-and-white oil painting of Willie Nelson. The old cowboy and the senior judge have a lot in common a passion for old pickups, country music and their respective crafts. On the Road Again means another tour for Willie and a series of hearings in Boise, Idaho for Judge Benson, who has been volunteering his time and expertise to help Idaho deal with its severe shortage of federal judges. Before Idaho, Judge Benson spent seven years volunteering his skills and time on the FISA Court in Washington D.C., examining evidence of terrorist activity around the world and determining whether to issue surveillance warrants. Judge Benson, it seems, is always on the road serving his county. Just like Willie. Born in Sandy, Judge Benson has now been a federal district judge for more than 25 years. After graduating from the charter class of the J. Reuben Clark Law School at Brigham Young University, he played professional soccer in the American Soccer League for Utah s Golden Spikers. His legal career has been as varied as Willie s latest playlist. He was a shareholder at Snow, Christensen & Martineau and worked for a multi-national construction company in Saudi Arabia. He held a variety of positions in Washington D.C., including Chief of Staff for Senator Orrin Hatch, Counsel to the Iran-Contra Congressional Investigating Committee, and Counsel to the U.S. Senate Committee on the Judiciary. In 1989, he was appointed to be the United States Attorney for the District of Utah, where he served until he was appointed to be a federal judge by President George H.W. Bush in 1991. On the bench, Judge Benson is known for his folksy humor and razor intellect, a combination that engenders the highest respect from litigants and lawyers alike. He is a fierce believer in juries as arbiters and jury trials as a vehicle for justice. He laments the decrease in jury trials, commenting wistfully that, If there is any glamor to being a lawyer, it is in the swashbuckling art of trial work, and he fears that lawyers and their clients have made the process too expensive and too risky by turning over every rock." Judge Benson loves to bike and spend a great deal of time on Utah's backroads and mountain trails. He is also a connoisseur of movies (he highly recommends Hell or High Water) and sports (he prefers Kevin Durant to LeBron James). He can raise a deck or fix a stray sprinkler, and he just traded in his beloved Ford F-150 after 397,000 miles for another pickup. Just like Willie. His joie de vivre is legendary, and when asked why he enjoys his job so much, his face lights up and he says, "It's like an old leather briefcase. It just gets better with age." Just like Willie. Judge Dee Benson SAVE THE DATE Ronald M. Boyce Federal Court Litigation Practice Seminar Friday, October 13, 2017 Little America Hotel Summer 2017 2
Federal Bar Association's Annual Capitol Hill Day by Kris Angelos On April 20, 2017, Federal Bar Association (FBA) leaders from across the country congregated in Washington D.C. for the FBA's Annual Capitol Hill Day, an annual event where FBA leaders from each state meet with D.C. lawmakers and congressional staff and advocate for the Judiciary. This years event had the largest participation in history, over 60 members, with FBA national, circuit, chapter section, and division leaders all taking part. FBA members advocated for four public policy priorities, including adequate funding for the federal courts, the prompt need to fill judicial vacancies, some of which are in emergency status (including the judicial vacancy in the District of Utah, the result of District Court Judge Ted Stewart taking senior status in 2014), the conversion of 14 bankruptcy judgeships to permanent status and establishment of an additional 4 permanent bankruptcy judgeships, and finally, the establishment of additional district court judgeships. At the time of these meetings, there were over 20 appeals court and 99 district court vacancies. Additionally, the federal government was within one week of shutdown because of lack of funding. Photos courtesy of Kris Angelos Jonathan O. Hafen, and Kristen R. Angelos, represented Utah, meeting with Senator Mike Lee s and Senator Orrin Hatch s staff. Philip Alito (United States Supreme Court Judge Samuel Anthony Alito s son), who is Chief Legal Counsel to Senator Lee, and Tom Jipping, who is Chief Legal Counsel to Senator Hatch, were both extremely receptive regarding these priorities and agreed that the need to fill judicial vacancies was an urgent matter. In fact, both staff members indicated that their offices were currently working towards the goal of filling Utah's judicial vacancy. In addition to meetings, Capitol Hill Day participants had the opportunity to attend a lecture at the U.S. Supreme Court, where Ms. Angelos learned, among other important details, that there is an actual basketball court above the Court which is used by law clerks to unwind. Participants also met with Scott C. Harris, Clerk of the U.S. Supreme Court. Additionally, Senator Lee s office was kind enough to arrange a private tour of the Capitol after Ms. Angelos indicated that it was her first time to Washington D.C. It was a great day and a great event, with FBA leaders continuing the mission of the FBA to represent the federal bar and federal court system. Summer 2017 3
The Wyoming Chapter of the Federal Bar Association Presents the 13th Annual Tri-State Conference Idaho * Utah * Wyoming Spring Creek Ranch Jackson, Wyoming October 5-7, 2017 For registration information, please visit: http://www.wyd.uscourts.gov/pdfforms/tristate/tri-state_brochure_2017.pdf Summer 2017 4
Classroom to Courtroom by Jessica Wilde The Utah Chapter of the Federal Bar Association recently had roughly sixty 9th grade students from Cyprus High School, located in Magna, Utah, spend the morning at the federal courthouse. The students were able to observe two criminal supervised release violation hearings, one before Judge Dale Kimball and the other before Judge Nuffer. During the course of the hearings, the students had the chance to hear from the prosecutors and defense attorneys representing the parties. Judge Kimball spoke to the students about the various types of cases federal judges hear, including federal question and diversity cases. Judge Nuffer explained to the students how federal sentences are determined, considering the severity of a crime and a defendant's criminal history. Cyprus High Student Asks Judge Nuffer a Question The students had lunch with Judge Kimball, Judge Jill Parrish, and former Magistrate Judge Sam Alba, during which time the students had the opportunity to ask the judges questions. A couple of the students asked questions about the challenges and benefits to serving as a federal judge. The judges answers were personal and thoughtprovoking, which seemed to demonstrate to the students the human element of judging and making difficult decisions. The students appeared very interested in the cases that the judges shared with them. The teachers at Cyprus High School were appreciative for the opportunity to spend a day at the courthouse. The Federal Bar Association and the Utah Chapter have recently placed a strong emphasis on its commitment to open up the door for junior high and high school students to gain more exposure to the judicial branch of government. Judge Kimall Conducts Court as Students Observe We hope to continue to have more students from other schools participate in the Classroom to Courtroom program. Thank you to all who participated and helped organize this event. Cyprus High Students Attending Lunch and Q&A with Judges Kimball and Parrish and Former Magistrate Judge Sam Alba. Summer 2017 5
Federal Appointment Wheel by Kelly J. Latimer The Utah District Court s Rules of Practice provide that [a]ny attorney who is admitted to the bar of this court must agree, as a condition of such admission, to engage in a reasonable level of pro bono work when requested to do so by the court. DUCivR 83-1.1(b)(3). In order to implent this local rule, the district court has adopted a pro bono program, referred to as the Federal Appointment Wheel, which is co-sponsored by the Utah Chapter of the FBA. Pursuant to this program, the FBA recruits law firms and individual attorneys to commit to taking a limited number of pro bono assignments, usually three, over a three-year period. Cases are distributed by the court clerk so that no individual or firm will be assigned more than one case per calendar year, barring extraordinary circumstances. Pro bono assignments are primarily in the areas of employment discrimination, prisoner civil rights, social security disability appeals, medical malpractice, and civil rights. There are twenty firms currently participating in the Federal Appointment Wheel: Anderson & Karrenberg Ballard Spahr, LLP Clyde Snow Fabian VanCott Hatch, James & Dodge, P.C. Hollard & Hart, LLP Kipp and Christian, P.C. Kirton McConkie Manning Curtis Bradshaw & Bednar Parr Brown Gee & Loveless Snell and Wilmer Snow Christensen & Martineau Stoel Rives LLP Strindberg & Scholnick, LLC Durham Jones & Pinegar Parsons Behle & Latimer Dorsey & Whitney LLP Ray Quinney & Nebeker Zimmerman Jones Booher McKay, Burton & Thurman, P.C. Participating in the Federal Appointment Wheel not only satisfies a firm or attorney s professional obligation to provide pro bono legal services, but provides a unique opportunity for young attorneys to gain federal litigation experience, or for attorneys to gain experience in a new area of law. The district court and FBA support this program by offering Continuing Legal Education focused on issues which are likely to arise in these type of cases. The district court also reimburses litigation expenses for eligible costs up to $2,000 from the Court s Attorney Admission Fund, with the possibility of additional reimbursement in extraordinary cases. In addition, the FBA recognizes outstanding pro bono services at its annual awards dinner. The Court and FBA would like to extend their appreciation to these firms for their support of the program and their willingness to fulfill their professional obligation to provide pro bono legal services. The Court and FBA would also like to extend an invitation for nonparticipating firms and attorneys to enroll in the Federal Appointment Wheel. For more information about this program and how to enroll, please contact Kelly Latimer at kellyjlatimer@gmail.com or Anne Morgan at anne_morgan@utd.uscourts.gov. Summer 2017 6
11th Annual Federal Criminal Law Seminar by Nathan Crane What do deep background, the triangle of death, federal judges drug use, and brownies that are so good they melt your face have in common? They are all topics that were discussed and consumed both mentally and literally at the Eleventh Annual Federal Criminal Law Seminar. Attendees were treated to an informative discussion on the media in criminal cases led by the U.S. Attorney s Office Public Information Officer Mel Rydalch and Salt Lake Tribune reporter Tom Harvey. Tom confirmed that yes, from time to time confidential sources do meet them in secluded parking garages to pass sensitive information. Tom Harvey and Mel Rydalch We heard from Guy Lawson, author of the New York Times best seller War Dogs, what it was like to research a high profile criminal case and then see your book made into a major motion picture. Spoiler alert about War Dogs, there are actually no dogs in the film. Stew Young, Scott Williams and Rick Van Wagoner Do you do drugs man? was the question posed to Judge Kimball by a couple of shady figures as Judge Kimball walked North on Main Street. The ever ready with a comeback Judge Kimball responded No, but I do know something about drugs as I sentence drug dealers to federal prison. The pair of ruffians quickly turned and ran away. Sandwiched in between tips on how to get information to a reporter without revealing yourself and drugs on Main Street were ample helpings of 10th Circuit case law update and a lively discussion on public corruption cases focusing on former Attorney Generals Mark Shurtleff and John Swallow. In short, attendees came away renewed, refreshed, and revitalized. Judge Nuffer and Judge Kimball Big thanks to the co-sponsors of the event: The Federal Bar Association, Federal Public Defenders Office, U.S. Attorney s Office and the Utah Attorney General s Office. Summer 2017 7
Southern Utah Federal Law Symposium By R. Blake Hamilton I would probably be remiss and unappreciative if I didn t write a few words about the Annual FBA Southern Utah Federal Law Symposium which celebrated its tenth anniversary. Jonathan Hafen, former chair of the Utah Chapter of the FBA has made this annual Symposium a perennial success. Jon has deep roots in Southwestern Utah. In fact, his grandfather donated much of the land where the Tuacahn Center for the Arts stands. I don t think even Jon could have imagined that the annual Symposium would grow this fast and enjoy so much interest. Its humble beginnings started with about 15 attendees in 2007, and has grown to a Symposium hosting well over a hundred attendees including 9 federal judges. Maybe it has been Jon s infectious enthusiasm for the Symposium or his relentless pursuit of improving the program each and every year that has aided the Symposium s unabated growth. Friday s CLE presentations at the Courtyard Marriott were excellent as well and the topics ranged from Evidence to Cyber War or Cyber Espionage to a U.S. Supreme Court Update by Marcia Coyle of National Law Journal. The programs in past years have been exceptional as well. I would especially encourage those of you who haven t as yet attended The Southern Utah Federal Law Symposium to plan for next year s Symposium which is scheduled May 10-11, 2018. I am certain Jon is again lining up excellent presenters and speakers. Believe it or not, it will be here before you know it. I hope you will join us. Lunch Keynote Speaker, Marcia Coyle, National Law Journal This year s program included different presentations from nine federal judges. The Symposium each year begins on Thursday evening with a reception at the beautiful Tuacahn Center for the Arts at the entrance of Snow Canyon State Park. Jon arranges for outstanding entertainment from world class professional actors who are rehearsing for the upcoming summer performances. He is currently Chair of the Tuacahn Center for the Arts Board. Many of those entertaining the attendees over the last ten years are actors who have performed on Broadway and across the globe. Every year after the brief but excellent performances of popular musicals, an outstanding speaker addresses the group. This year s Ethics Keynote speaker was William Manning whose presentation was Nelson Mandela: The Greatest Lawyer who Ever Lived. Just Manning s presentation on its own made the trip to St. George worth it this year! Summer 2017 8
8 Events Calendar Public Access and the Courts: October 12, 2011 Utah Bar Convention Sun Valley, Idaho July 26-29, 2017 BYU Law School Court Camp Provo, Utah FBA National Convention Atlanta, Georgia Mediation Sidebar CLE Federal Court, Room TBD Advancement Pledge and Training Series Salt Lake City, Utah, Location TBD Ronald N. Boyce Federal Court Litigation Seminar Salt Lake City, Utah, Little America Hotel Tri-State Seminar Spring Creek Ranch, Jackson, Wyoming Annual Awards Dinner, Utah Chapter Salt Lake City, Utah, Little America Hotel July 31-August 4, 2017 September 14-16, 2017 September 28, 2017 September / October October 13, 2017 October 5-7, 2017 November 14, 2017 Summer 2017 9
Utah Chapter of the FBA Board Amber Mettler, Snell & Wilmer FBA President Kristen R. Angelos, Office of the Federal Public Defender Treasurer R. Scott Young, Snow Christensen & Martineau Immediate Past-President Kathleen Abke, Strong & Hanni Stephen H. Bloch, Southern Utah Wilderness Alliance Nathan A. Crane, Snow Christensen & Martineau Dave Dibble, Ray Quinney & Nebeker Tyler Green, Utah Attorney General's Office Jonathan O. Hafen, Parr Brown Gee & Loveless Blake R. Hamilton, Durham Jones & Pinegar David J. Holdsworth, Law Office of David J. Holdsworth D. Mark Jones, Clerk of Court, U.S. District Court Derek Kearl, Holland & Hart LLT Honorable Dale A. Kimball, U.S. District Court Judge Kelly Latimer, Department of the Interior Jonathan H. Love, Parsons Behle & Latimer Anne Morgan, Chief Deputy, U.S. District Court Cheryl M. Mori, U.S. Securities & Exchange Commission David L. Mortensen, Stoel Rives LLP Aida Neimarlija, Gross Law Firm Erik A. Olson, Marshall Olson & Hull Jenifer L. Tomchak, Parr Brown Gee & Loveless Jory L. Trease, Jory L. Trease, Inc. Mark K. Vincent, U.S. Attorney s Office, District of Utah Jessica Wilde, Jones Waldo Analise Wilson, Kirton & McConkie Stew Young, U.S. Attorney's Office, District of Utah Summer 2017 10