Sunday, September 22amjudges.org/conferences/2013Annual/Conference-program.pdf · Topic: open...

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Transcript of Sunday, September 22amjudges.org/conferences/2013Annual/Conference-program.pdf · Topic: open...

  • Sunday, September 2210:00 a.m. – NooN Budget Committee MeetingThe Boardroom10:00 a.m. – 1:00 p.m. Nominations Committee MeetingMaile Room1:00 – 5:00 p.m. RegistrationIlima Room2:00 – 5:00 p.m. Executive Committee MeetingHala Room6:00 – 7:00 p.m. Welcome Reception with Traditional Conch Blowing and OlePool Deck

    monday, September 237:00 – 8:00 a.m. AJF Officers and Trustees MeetingThe Boardroom7:30 a.m. – 4:30 p.m. Vendor area openPlaza and Grand Ballroom Foyers7:30 a.m. – 5:00 p.m. RegistrationIlima Room8:00 – 8:30 a.m. Welcome/Opening Ceremonies – Salon 3remarks: Hon. Toni Manning Higginbotham, President, American Judges AssociationHon. Mark E. Recktenwald, Chief Justice, Supreme Court of Hawai’i Billy Kenoi, Mayor of Hawai’I County8:35 – 9:55 a.m. Plenary Session – Salon 3Topic: U.s. supreme court reviewfacUlTy: Prof. Erwin Chemerinsky, Founding Dean, University of California-Irvine School of LawNoted U.S. Supreme Court scholar Erwin Chemerinsky returns for his insightful review of the previous term’s work and its impact on state court judicial practice.9:55 – 10:20 a.m. Coffee BreakPlaza and Grand Ballroom Foyers10:20 – 11:55 a.m. Choice SessionssessioN #1 – Salon 3Topic: professionalism: What is the role of an independent, responsible, Well-informed, professional, and ethical Judiciary in addressing our current sentencing and incarceration climate?facUlTy: Hon. Fredericka Homberg Wicker, Louisiana Fifth Circuit Court of Appeal, Louisiana Sentencing CommissionMore people are incarcerated in the U.S. than anywhere else — 25% of the world’s prisoners are in U.S. prisons. All of this has occurred without evidence that the “Lock them in prison and throw away the key” theory works to reduce crime

    rates or recidivism. What we do know is that it is breaking the bank, a subject for discussion at the Conference of Chief Justices’ meeting at the end of July. While economic realities have forced a fresh look at these problems in many states and now by the federal government, this overwhelming problem persists. The faculty and group will discuss many of the ethical considerations relevant to how judges can take a leadership role in bringing about constructive changes to sentencing practices.sessioN #2 – Plaza 1Topic: How to Be a Happy civil Judge: advanced strategies for recurring issues in civil casesfacUlTy: Hon. Susan Burke, Hennepin County District Court, Minneapolis, MinnesotaWould you like to resolve a discovery dispute without your blood pressure increasing 10 points? Would you like to avoid coming in on Saturday morning to write a sanctions order for an electronic discovery violation? Would you like to know what to do if you have to? Would you like to try a pro se jury trial in three days instead of a week? Would you like to try a pro se trial in hours instead of days? Would you like to start a trial and not have to rule on a motion to suppress an expert or any of his or her testimony for failure to disclose? Would you like to get a call today that your three-week medical-malpractice case that you were going to try this summer settled? Come to this session and learn. NooN – 1:15 p.m. AJA Awards/AJF Luncheon – Salon 21:30 – 2:55 p.m. Choice SessionssessioN #1 – Plaza 1Topic: Drugged DrivingfacUlTy: Hon. Peggy Fulton Hora, California Superior Court (ret.)The session will assist trial judges in dealing with unique legal issues in these cases, including expert qualifications, jury voir dire, and appropriate evidence rulings.sessioN #2 – Salon 3Topic: a Judge’s survival Guide to Domestic ViolencefacUlTy: Hon. Elizabeth Hines, 15th District Court, Ann Arbor, MichiganHon. Catherine Shaffer, King County Superior Court, Seattle, WashingtonHon. Elizabeth Berns, King County Superior Court, Seattle, WashingtonA panel of experienced DV judges will highlight what every judge needs to know to address challenging issues that repeatedly arise in cases of domestic violence. Learn how to manage the DV defendant in and out of the courtroom, best practices with substance abuse and mental-health issues, and DV in LGBTQ relationships. This is not “DV 101”; judges attending this session should have at least a basic knowledge of the unique dynamics of domestic violence.

    scHeDUle of eVeNTs

  • 2:55 – 3:20 p.m. Coffee BreakPlaza and Grand Ballroom Foyers3:20 – 4:30 p.m. Choice SessionssessioN #1 – Salon 3Topic: sobriety courtsfacUlTy: Hon. Susan Jonas, 58th District Court, Holland, MichiganDWI courts were created to hold hardcore offenders accountable and reduce recidivism by attacking the cause of impaired driving — alcohol and substance abuse. Strategies for creating, operating, and evaluating a successful DWI court will be presented by a judge who runs one of the four nationally recognized DWI Academy Courts.sessioN #2 – Plaza 1Topic: elder lawfacUlTy: Hon. John Conery, Louisiana Third Circuit Court of AppealA synopsis of the NCSC curriculum for judges to appropriately respond to elder abuse and suggested innovative solutions to the myriad problems senior victims encounter in the courts will be presented. A video by the Office for Victims of Crime will illustrate the many unique problems judges may face with elder citizens and highlight examples of successful, court-based elder-abuse initiatives.

    tueSday, September 247:30 a.m. – 1:15 p.m. Vendor area openPlaza and Grand Ballroom Foyers7:30 – 8:45 a.m. Choice SessionssessioN #1 – Salon 3Topic: New Technology and the courts: Does it Have an impact on performance?facUlTy: James M. Byrne, Professor, School of Criminology and Criminal Justice, Griffith University, Brisbane, AustraliaDuring this session, the director of the new Global Centre for Evidence-based Corrections and Sentencing will highlight the wide range of technological innovations being applied in various court settings and then examine the available research assessing the impact of these innovations on court performance. Participants should expect an overview of new hard (hardware) and soft (information-based) technology innovations being introduced in various federal, state, and local courts, highlighting the unique technology needs of problem-solving/specialized courts. You will be introduced to some of the basic principles of systematic evidence-based reviews of the empirical research to better answer the question: Does technological innovation improve court performance? Participants will also be offered an agenda for future research assessing the impact of technological innovation on criminal justice performance generally and court performance in particular.sessioN #2 – Plaza 1Topic: What’s New in pharmacologyfacUlTy: Hon. Peggy Fulton Hora, California Superior Court (ret.)Angela G. Barthwell, Past President, American Society of Addiction MedicineThis session will help judges understand how drug- or alcohol-dependent people behave and can be helped by medically assisted treatment and will educate judges to craft effective decisions for these litigants.

    8:50 – 10:15 a.m. Plenary Session – Salon 3Topic: evidence-Based sentencingfacUlTy: West Huddleston, Chief Executive Officer, National Association of Drug Court Professionals Hon. Steven S. Alm, First Circuit Court, HonoluluNumerous strategies are underway to reform outdated, wasteful, and ineffective criminal justice practices. Previous efforts have not been successful, in part, because they failed to include viable alternatives to incarceration for specific offender populations. Scientific evidence continues to demonstrate that drug courts and other problem-solving courts are effective at reducing both recidivism and costs. Newer programs, such as H.O.P.E. Probation, have emerged with great promise, and a nuanced understanding of the research reveals that both programs work best for distinct types of offenders. This revelation was the impetus for NADCP’s Annals of Research and Knowledge (ARK) on Successful Offender Management. This systemic justice model identifies the full continuum of evidence-based alternatives to incarceration at each juncture of the criminal justice system, paving the way for systemic reform. By accounting for specific characteristics among the criminal justice population that have been proven to impact outcomes, this framework suggests the best evidence-based interventions, such as drug court and H.O.P.E., at each point of the justice continuum. Ultimately, this framework will guide jurisdictions to know when, how, and where to allocate resources so that the best outcomes are realized for both criminal justice populations and the general public.10:15 – 10:35 a.m. Coffee BreakPlaza and Grand Ballroom Foyers10:35 – 11:50 a.m. Choice SessionssessioN #1 – Plaza 1Topic: High-profile cases and the mediafacUlTy: Hon. Brian MacKenzie, 52/1st District Court, Novi, MichiganHon. Steven Taylor, Justice, Oklahoma Supreme CourtJustice Taylor, who presided at the Oklahoma City bombing trial, and Vice President MacKenzie discuss best practices to manage cases under the glare of the spotlight.sessioN #2 – Salon 3Topic: open courts: canadian and U.s. practicefacUlTy: Hon. William Downing, King County Superior Court, SeattleHon. Patrick Kennedy, Provincial Court of Newfoundland and LabradorHon. Russell Otter, Ontario Court of Justice How open are our courts? Is it permissible to examine potential jurors about their own personal experiences with sexual or physical abuse? Are sidebars and chambers conferences appropriate? Should judges readily seal documents and files when parties submit agreed orders? These are increasingly contentious questions in U.S. courts. Canada has a long history of open proceedings. A panel of distinguished judicial experts will discuss these and other issues for judges working to maintain truly open courts.NooN – 1:15 p.m. Choice SessionssessioN #1 – Salon 3Topic: court funding: Understanding attitudes Toward courtsfacUlTy: Jesse Rutledge, Vice President, External Relations, National Center for State Courts

  • In this session, attendees will get detailed information directly from the extensive public-opinion research conducted on behalf of the National Center for State Courts and Justice at Stake to help “frame the message” for the court-funding debate. One of the largest public-polling projects ever undertaken in the court community, the results are sobering, but illuminate a clear path to persuasively arguing for greater court funding.sessioN #2 – Plaza 1Topic: legalization of marijuana and its impact on the lawfacUlTy: Hon. Mary Celeste, Denver County CourtThis presentation will review all of the existing medical-marijuana and legal-marijuana laws and present cases from around the country where marijuana plays a role. These cases will address marijuana in the workplace, drugged driving, bankruptcy actions, domestic relations, probation revocations, etc. This session will also address studies regarding marijuana.6:00 – 8:00 p.m. AJF Fund-Raiser Reception

    WedneSday, September 257:00 – 7:55 a.m. Committee MeetingsRefer to committee meeting schedule for locations7:55 – 9:10 a.m. Choice SessionssessioN #1 – Salon 3Topic: The impact of social media on JuriesfacUlTy: Dr. David Rottman, National Center for State CourtsDr. Paula Hannaford-Agor, National Center for State Courts Hon. Elliott Zide, Massachusetts Trial Court (ret.)The communications revolution and increasing use of social media seem to pose threats to the adversarial process by weakening the ability of judges and lawyers to limit the flow of information to the jury. How will jurors now go about the process of deciding what is true? This session combines available insights about some of these issues with the practical experiences of trial judges to prompt a facilitated discussion of how courts should respond to these challenges.sessioN #2 – Plaza 1Topic: Juvenile courts: ethics for the Juvenile court Judge, engaging fathers and relatives in the child Welfare system, Wrap-around issuesfacUlTy: Hon. Leonard Edwards, Center for Families and the Courts, Judicial Council of CaliforniaJuvenile and family court judges face a number of ethical issues different from those encountered by civil and criminal judges. They are frequently off of the bench to work in the community in collaborative efforts to improve outcomes for the children and families served by the court. Using video clips and group discussion, this workshop will address a number of the unique situations that judges encounter and attempt to determine how they can complete their work ethically.9:10 – 9:30 a.m. Coffee BreakPlaza and Grand Ballroom Foyers9:30 – 10:45 a.m. Plenary Session – Salon 3Topic: The role of emotion on Judicial Decision makingfacUlTy: Terry A. Maroney, Professor, Vanderbilt Law SchoolThis session will contrast the ideal of “dispassion” with the reality of judicial emotion. Judges are human and will experience a range of emotions in their work. Psychology can help judges learn to use those emotions when they are helpful and to minimize or cope with them when they are not. Particular focus will be given to anger.

    11:00 a.m. – 12:15 p.m. Choice SessionssessioN #1 – Salon 3Topic: canadian first Nations, Native american indian Tribes, and Native Hawaiians: sovereignty and full faith and creditfacUlTy: Tom Tremaine, Presiding Judge, Kalispel Tribal CourtHon. Ken Champagne, Chief Judge, Manitoba Provincial CourtMelody Kapilialoha MacKenzie, Associate Professor of Law, University of Hawaii at Manoa, William S. Richardson School of LawThere are 566 federally recognized Indian Tribes in the United States. There are more than 600 “First Nation” Inuit and Metis communities in Canada. Where do these political entities fit within federal, state, and provincial justice systems, and what right of respect, comity, or full faith and credit is owed by federal, state, and provincial courts to the acts and decisions of “tribal courts”?sessioN #2 – Plaza 1Topic: adolescent Brain DevelopmentfacUlTy: Terry A. Maroney, Professor, Vanderbilt Law SchoolThis workshop will explain the fundamentals of contemporary neuroscientific research on the structure and function of the developing brain; explore how that research has been incorporated into legal arguments and rulings forming part of significant recent changes in the law’s treatment of adolescents; and propose how judges ought to evaluate such research.12:20 – 1:30 p.m. Plenary Session – Salon 3Topic: making Better Judges: improving Decision making and procedural fairnessfacUlTy: Hon. Kevin Burke, Hennepin County District Court, MinneapolisHon. Steve Leben, Kansas Court of AppealsAlan Tomkins, University of Nebraska Public Policy CenterPractical skills building for monitoring things that impact information processing, making better decisions, and making sure those who come to court feel they were treated fairly by judges seeking justice.

    thurSday, September 268:00 – 10:00 a.m. General Assembly MeetingPlaza 1210:00 a.m. – NooN Board of Governors MeetingPlaza 36:00 – 7:00 p.m. President’s ReceptionTurtle Pointe7:00 – 10:00 p.m. Installation BanquetTurtle Pointe

    Friday, September 278:00 – 10:00 a.m. Executive Committee MeetingThe Boardroom

  • 2012–2013 officers

    Toni M. Higginbotham President

    Elliott Zide President-elect

    Brian W. MacKenzie Vice President

    John Conery Secretary

    Harold Froehlich Treasurer

    Kevin BurkeImmediate Past President

    execUTiVe commiTTeePaul de Mahy, Elizabeth Hines, Russell Otter, and John Williams