Jury Trials During a Pandemic

Hon. Robert J. Conrad, Jr.

During the ongoing pandemic of 2020-2021 federal, state and local courts have struggled with the need to try jury cases. The Honorable Robert J. Conrad Jr., U.S. District Judge for the Western District of North Carolina, has been involved with a courtroom design innovation called the “Virginia Revival Model” and found it to be helpful in improving the safety of courtrooms during the age of the covid.

According to Judge Conrad, the Virginia Model’s “essential features are a center-based jury box underneath the judge, facing out; a witness box in the center of the well looking directly at the judge and jury; and counsel tables on each side. In the 18th century, the Commonwealth of Virginia county courts were intentionally designed this way to place the jury where it should be — at the center of a jury trial, as opposed to off to the side, symbolizing the jury’s shared authority with the judge.”

In an interesting article first appearing as Robert J. Conrad Jr., Jury Trials in a Pandemic Age, 104 JUDICATURE No. 3 (Fall/Winter 2020-2021), Judge Conrad describes the reconfiguration of a ceremonial courtroom to make a big jury box out of the spectator section of the court in order to continue to try jury trials during a pandemic. To date, 41 jury trials have been tried in this format. A new federal courthouse has been built in Charlotte and one of the district courtrooms has been designed on the Virginia Revival Model. The first criminal jury trial in that courtroom was successfully conducted in June.

Judge Conrad served as the United States Attorney for the Western District of North Carolina from 2001 to 2004. He spoke on the Berger case and in particular Justice Sutherland’s quote on the role of a U.S. Attorney to seek justice at NAFUSA’s 2016 conference in San Diego. Click here to read the full article:

Jury Trials in a Pandemic Age

 

Making the Case Podcast Features Hal Hardin

The Tennessee Attorney General’s Office has created a podcast regarding the removal of Governor Ray Blanton in 1979. It features NAFUSA life member and past president Hal Hardin, Senator Lamar Alexander, and political consultant Tom Ingram. Hardin was the United States Attorney at the time and played a critical role.

You can access Making the Case on Apple Podcasts and Spotify. Just search “Making the Case” or “Tennessee Attorney General.”

AG Updates Memo on DOJ Communications With White House

On July 21, 2021, Attorney General Merrick B. Garland formally updated the Justice Department’s governing communications between DOJ and the White House.

“The success of the Department of Justice depends upon the trust of the American people,” wrote Attorney General Garland. “That trust must be earned every day. And we can do so only through our adherence to the longstanding Departmental norms of independence from inappropriate influences, the principled exercise of discretion, and the treatment of like cases alike.”

Click here to read the entire memorandum:

attorney_general_memorandum_-_department_of_justice_communications_with_the_white_house_july_21_2021

Ken Polite Confirmed by US Senate as AAG of Criminal Division

The United States Senate on July 20, confirmed NAFUSA life member Kenneth Polite to serve as the assistant attorney general for the Justice Department’s Criminal Division. The vote was 56-44. He was nominated by President Biden on April 12, 2021. He served as the United States Attorney for the Eastern District of Louisiana from 2013 to 2017, having been appointed by President Obama. Most recently he was a partner at Morgan Lewis in Philadelphia.

Paul Coggins Publishes Second Cash McCahill Book

 

Paul Coggins, immediate past president of NAFUSA, has released the second Cash McCahill novel, The Eye of the Tigress. The first, Sting Like A Butterfly, was published in 2020.

Paul Coggins is the co-chair of the White Collar and Government Investigations Section of Locke Lord. He is the former United States Attorney for the Northern District of Texas. A Rhodes Scholar, a graduate of Harvard Law School, and a former host of a popular radio call in show, Paul is also a frequent commentator for the media, and a contributor of articles to newspapers and magazines.   

The book is available to pre-order. Click here for more details

 

 

2022 NAFUSA conference will be held in San Diego April 6-8, 2022

2016 NAFUSA Conference at the Del Coronado

The 2022 NAFUSA conference is confirmed at the Hotel del Coronado. Due to the pandemic, it will be NAFUSA’s first conference since 2019 in San Francisco. Golf for those interested will be held at Torrey Pines north course the morning of Wednesday April 6, 2022. The conference will kick off Wednesday evening with an event from 6:30-9:30 pm at the hotel on the beach.  CLE programs will be on Thursday and Friday from 8:00 am to approximately noon.  An off site event will be planned for either Thursday or Friday afternoon for all to attend.  As usual, Thursday evening will be the class dinners.  We are looking for a “captain” from each administration to coordinate the class dinners.  Please reach out to Lisa Rafferty if you would like to take on that role. The conference will conclude Friday evening with a dinner and key note speaker.  The conference committee is working hard to put together an amazing program.  Details will be released once speakers are confirmed.  Keep an eye on our monthly newsletters for updates on the conference.  Registration will open in January 2022.

Greg Scott Joins King & Spalding

King & Spalding announced on June 17, 2021 that McGregor (Greg) Scott, most recently the United States Attorney for the Eastern District of California, will join the firm as a partner in the firm’s Special Matters and Government Investigations team. He will be based in San Francisco and Sacramento. Scott is a lifetime member of NAFUSA and a former board member.

Scott was twice nominated by the president and unanimously confirmed by the Senate to serve as the U.S. Attorney for the Eastern District, from 2001 to 2009 and from 2017 to 2021. As U.S. Attorney, he oversaw federal prosecutions and civil litigation from 34 counties and supervised 100 attorneys. In between those stints, he was a partner at Orrick, Herrington & Sutcliffe, where he vice chaired its White Collar Defense and Corporate Investigations Practice Group. An experienced trial lawyer, Scott has represented major companies across multiple industries—including health care, retail and construction—that faced government investigations. He also has deep experience on matters involving consumer protection, construction accidents, the Foreign Corrupt Practices Act and the False Claims Act.

“Greg is a natural leader with exceptional talent and energy,” said Zach Fardon, who leads King & Spalding’s Government Matters practice, which includes the Special Matters and Government Investigations team. “He will be a force multiplier for King & Spalding in his ability to provide clients with representation on both criminal as well as civil/regulatory governmental investigations.” King & Spalding now has nine former United States Attorneys with Scott joining Zach Fardon, John Richter, Craig Carpenito, Rod Rosenstein, John Horn, Sally Yates, Jim Vines and Paul Murphy.

Prior to his federal government post, Scott was twice elected District Attorney of Shasta County, and prior to that was a deputy district attorney in Contra Costa “With a stellar runway of experience and deep connections in the DOJ and California legal community, Greg is well-positioned to further expand our investigations and litigation work on the West Coast, nationally and globally,” said San Francisco office managing partner Charles Correll. “He also has a reputation for working in a collaborative and pragmatic fashion. He’ll be a formidable asset to the firm.”

Scott retired in 2008 as a lieutenant colonel from the U.S. Army Reserve after 23 years of service as an infantry officer. He earned his JD from the University of California, Hastings College of the Law, and his undergraduate degree from Santa Clara University.

“I had the privilege of working directly with several King & Spalding lawyers in two previous presidential administrations, persons for whom I have the greatest personal and professional respect,” said Scott. “I believe great results will be created for clients when my network across the nation in general and in California in particular is added to King & Spalding’s exemplary client base and legal firepower. I could not be more pleased to be joining this great law firm.”

 

 

Dick Thornburgh Flag Presentation

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Monday, June 14, 2021 (Flag Day)

Please join us in celebrating the legacy of former U.S. Attorney and Attorney General, Dick Thornburgh, who passed away December 31 at age 88, and the inspiration of his career in public service.

Dick was honored and remembered in a virtual tribute by his former Department of Justice colleagues:

  • Mike McKay, K&L Gates, Seattle (U.S. Attorney, Seattle, WDWA, 1989-93)
  • Rich Rossman, Executive Director, NAFUSA (U.S. Attorney, Detroit, EDMI, 1980-81)
  • Karen Hewitt, President, NAFUSA (U.S. Attorney, San Diego, SDCA, 2007-10)
  • Paul Coggins, Immediate Past President, NAFUSA (U.S. Attorney, Dallas, NDTX, 1993-2001)
  • Acceptance remarks by John Thornburgh, on behalf of the Thornburgh family

Please click https://www.klgates.com/Remembering-Dick-Thornburgh-Former-US-Attorney-General-US-Attorney-Colleague-and-Friend-co-hosted-with-The-National-Association-of-Former-US-Attorneys-6-14-2021 to view a video of the program.

Dick Thornburgh was born on July 16, 1932 in Pittsburgh, Pennsylvania. He graduated with a bachelor’s degree in engineering from Yale University in 1954 and earned his LL.B degree from the University of Pittsburgh in 1957. Mr. Thornburgh also holds honorary degrees from 31 colleges and universities.

Following law school, Mr. Thornburgh worked in private industry until 1959 when he joined the Pittsburgh law firm then known as Kirkpatrick, Pomeroy, Lockhart & Johnson. In 1967, he was elected as a delegate to the Pennsylvania Constitutional Convention. From 1969 to 1975, Mr. Thornburgh was the U.S. Attorney for the Western District of Pennsylvania and was appointed Assistant Attorney General for the Criminal Division in 1975, serving two years in Washington, D.C. in that role before returning to private practice as a partner at Kirkpatrick, Lockhart, Johnson & Hutchison. Pennsylvania elected Mr. Thornburgh governor in 1979 and he served two terms. Mr. Thornburgh also taught courses at the Harvard University Kennedy School of Government and directed that school’s Institute of Politics from 1987 to 1988.

Appointed by President Reagan, Dick Thornburgh was sworn in as Attorney General on August 12, 1988. President George H.W. Bush reinstated him as Attorney General in 1989 and he served until 1991. In 1992, the American Legion honored Mr. Thornburgh with its highest award, the “Distinguished Services Medal.” He published his autobiography in 2003 entitled, Where the Evidence Leads: The Autobiography of Dick Thornburgh.

Please click https://www.klgates.com/KL-Gates-Mourns-Passing-of-Longtime-Partner-Former-Pennsylvania-Governor-and-US-Attorney-General-Dick-Thornburgh-12-31-2020re for the K&L Gates statement in honor of Dick.

 

Thomas Sullivan, 91, Dies

Thomas Sullivan, who served as the United States Attorney for the Northern District of Illinois, 1977-1981, died on May 18 at his home in Wilmette, Illinois. He was 91. He was succeeded in office by NAFUSA member Dan Webb (1981-1985) and then by NAFUSA member Anton “Tony” Valukas (1985-1989).

Tom was best known for initiating “Operation Greylord” to root out bribery and case-fixing in the Cook County Circuit Court system. A total of 92 officials were indicted, including 17 judges, 48 lawyers and 10 deputy sheriffs. Outside of his time in public service, Tom spent most of his career at Jenner & Block along with Tony Valukas. He helped build the firm’s pro bono practice, including being part of an effort to end the death penalty in Illinois and working to free detainees from Guantanamo Bay.

He is survived by his wife, Anne Landau, and his daughters, Maggie Sullivan Cescolini and Liza Sullivan; a son, Tim; a step-daughter, Mimi Landau; and six grandchildren. Tom earned his law degree at Loyola University Chicago School of Law.

As is our custom, at NAFUSA’s request an American flag was flown in Tom’s honor over Main Justice and presented to his family as a token of the esteem with which he was held by his colleagues.