NAFUSA life member and past president Jim Cissell (SD Ohio 1978-1982) has released the 2021 edition of Federal Criminal Trials. Jim has been producing this single volume treatise for several years. NAFUSA member Joe Whitley (ND Georgia 1990-1993, MD Georgia 1981-1986) calls Jim’s book “an indispensable resource to getting quickly to the heart of highly complex federal criminal litigation issues.”
Jim has offered NAFUSA members a 20% discount. Attached for use by NAFUSA is a PDF file containing a promotional flyer that includes information about the purchase discount.
Alejandro N. Mayorkas. J. Scott Applewhite/Associated Press
NAFUSA member Alejandro Mayorkas will be nominated by President Elect Joe Biden to become the secretary of the Department of Homeland Security. Mayorkas served as the deputy secretary of Homeland Security from 2013 to 2016 and the director of United States Citizenship and Immigration Services (USCIS) from 2009-2013. He is currently a partner at WilmerHale.
“It is no small task to lead the Department of Homeland Security, but I will work to restore faith in our institutions, and protect our security here at home,” Mayorkas said in a tweet.
Cuban born, Mayorkas graduated from the University of California at Berkeley and Loyola Law School. He served as the United States Attorney for the Central District of California, 1998-2001. He has been recognized as one of the “50 Most Influential Minority Lawyers in America” by the National Law Journal.
Supreme Judicial Court Justice Kimberly Budd and Gov. Charlie Baker- Stuart Cahill/Pool
NAFUSA member Wayne Budd (Massachusetts 1989-1992) is the proud father of the newest chief justice of the Massachusetts Supreme Court. His daughter, Justice Kimberly Budd, was unanimously confirmed Wednesday, November 19, as the chief justice of Massachusetts’ highest court. She became the first Black woman to serve as chief justice. Her nomination was confirmed by a 7-0 vote of the Governor’s Council.
Republican Gov. Charlie Baker, who nominated Budd, called her “an exceptional and dignified jurist that has served on the Supreme Judicial Court with fairness and integrity.”
Budd, a former federal prosecutor, has served on the court since 2016. The Newton resident had previously served on the Massachusetts Superior Court.
Earlier in her career, she prosecuted cases in the major crimes and drug units as an assistant U.S. attorney in the District of Massachusetts in the mid 90s under then U.S. Attorney and NAFUSA past president Don Stern before going on to work in the general counsel’s office at Harvard University.
Democratic U.S. Rep. Ayanna Pressley described Budd as “a well-respected, thoughtful and dedicated public servant with a brilliant legal career.”
“As the first Black woman to lead the SJC in the court’s centuries-old history, I have every confidence that she will meet and exceed the history-making expectations her service on the Supreme Court brings,” Pressley said in a news release.
Chief Justice Budd with her dad
Proud “Papa” Budd, a past NAFUSA board member, also served as the United States Associate Attorney General (1992-1993) and is currently senior counsel at Goodwin Proctor LLP.
Donn F. Baker, age 71, died as a victim of Covid-19 on Thursday, November 12, 2020 in Oklahoma City, Oklahoma. Donn served as the United States Attorney for the ED of Oklahoma (1984-1985). He joined the U.S. Attorney’s Office in 1982 and served as an AUSA until he became the U.S. Attorney. He had served as an Assistant District Attorney in Tahlequah before his federal service. After he left office, Donn went into private practice in Tahlequah, where he has practiced law for over 35 years and served as the City of Tahlequah Judge. Donn was recently inducted as a fellow into the American College of Trial Lawyers. He was described as a legend in northeastern Oklahoma.
Donn is survived by his wife of 49 years, Sharon Greenhaw Baker, his son, Jeffrey Donn Baker, and daughter, Sherri K. Cometti. The funeral was held on November 16. As is our custom, at the request of NAFUSA, an American flag was flown over Main Justice and will be presented to his family as a token of the regard with which Donn was held by his colleagues.
The Biden-Harris Transition announced their Agency Review Teams this week and two NAFUSA members were included on the 29 member Department of Justice Team. Former NAFUSA board member Neil MacBride (ED Virginia 2009-2013) and member Barb McQuade (ED Michigan 2010-2017) have been added to the DOJ team.
MacBride is currently a partner at Davis Polk & Wardwell LLP and McQuade is teaching at the University of Michigan Law School.
Long time NAFUSA member, former board member and past officer Doug Jones (ND Alabama 1997-2001) and former Acting Attorney General and Deputy Attorney General Sally Yates (US Attorney ND Georgia 2010-2015) are among the persons being seriously considered for Attorney General in the Biden Administration. Senator Jones unfortunately was not reelected to the Senate seat in Alabama.
James R. Williams, who served as the United States Attorney for the Northern District of Ohio (1978-1982) passed away on Friday, November 6, 2020. He was 88. He also served as an Akron Municipal Court judge, a member of the Akron City Council, and Summit County’s first Black Common Please Court judge. He was a civil rights leader and an officer with the Akron and Ohio branches of the NAACP. Ebony magazine named Williams one of the 100 most influential Black Americans.
Williams was preceded in death by his first wife, Catherine. He is survived by his wife, Jewell Cardwell-Williams and two children, Michael and Jacqueline, and four grandchildren.
As is our custom, NAFUSA will arrange for an American flag to be flown over Main Justice in James’ honor as a token of the esteem with which he was held by his colleagues.
Catching up with long time NAFUSA members, we found Stephen D. Easton (North Dakota 1990-1993) was named President of Dickinson State University in March of this year. He was selected by the North Dakota State Board of Higher Education as the 13th president of DSU. He had served as the University’s interim president since December, 2019.
Board Chair Nick Hacker said, “President Easton has proven that he can lead during difficult times and the Board has confidence that he can bring Dickinson State University to the next level to meet the new dual mission model that is certain to serve student and workforce needs now and into the future.”
During his interview, Easton talked about his leadership philosophy. “My dad, a DSU grad and longtime college administrator, taught me to put students first, whenever possible. Dickinson State is blessed with a staff and faculty dedicated to that philosophy. This unusual and challenging semester demonstrates their commitment to our students. It is inspiring to see DSU’s staff and faculty working overtime to continue the quality education of DSU’s wonderful students, even though we cannot meet with those students face-to-face in traditional classrooms the rest of the semester.”
Easton has a strong personal connection to Dickinson State University. Easton, who graduated summa cum laude from DSU in 1980 with a bachelor’s degree in Business Administration and Accounting, and a minor in political science, was the third generation of his family to choose Dickinson State. His son became the most recent Easton to graduate from DSU in 2016.
After earning his undergraduate degree at DSU, Easton enrolled in Stanford Law School where he earned his Juris Doctorate in 1983. Easton practiced law for almost 20 years before returning to higher education as a professor and administrator.
“It is a huge honor to be given the chance to continue to work with Dickinson State’s students, faculty, staff, and other supporters,” said Easton. “In my short time back, I have been very impressed by the can-do spirit of DSU. Right now, during a challenging semester for DSU and other colleges, DSU staff, faculty, and students are shining. Their creativity and hard work in transitioning to the temporary online learning environment are awe-inspiring. It is unfortunate that everyone does not have the opportunity I have to see that hard work and creativity. What a special place our beloved college on the hill is!”
On October 28, 2020, NAFUSA successfully held its first Webinar, thanks to the technical and financial support of King & Spalding LLP. NAFUSA President Paul Coggins moderated a lively discussion with Erin Nealy Cox, the United States Attorney for the Northern District of Texas and the chair of the Attorney General’s Advisory Committee (AGAC) and Corey Ellis, the Senior Official performing the duties of the Director of the Executive Office for United States Attorneys (EOUSA). Paul was particularly pleased to introduce Erin, whom he had hired as an AUSA when he was the U.S. Attorney for the ND of Texas.
The discussion opened with the subject of the challenge of the pandemic upon U.S. Attorney offices and the Department of Justice. Erin mentioned that she has been in the office every day and Covid has impacted every issue confronting her office and the offices around the country. For the first four weeks of the pandemic there were no grand juries, but now there are five a month in her district. The grand juries use larger rooms and masks, and there have been no issues on attendance. The practice has been similar in other districts, although the practice varies from district to district. It is not possible to have a full virtual grand jury.
Erin Nealy Cox
As for trials and the Speedy Trial Act, there has been no legislative change. There is a standing order in every district. There have been multiple trials cross country. They look very different with plexiglass, masks, spread out, computer in place of bench conferences. Jury trials are decreasing, though less in the civil field, with some ebb and flow. There has been a decline in tax cases, caused by few agents, fewer audits- driven by lower IRS budgets.
As for prospective priorities and resources, Erin mentioned violent crime increases and more proactive work, including covid fraud. As for legislative priorities, lawful access to technology remains a big concern of DOJ.
Cory Frazier Ellis
How is DOJ dealing with the potential loss of trust in institutions? Erin cited Project Safe Neighborhoods- an increase in involvement in local communities, “it helps when they know us.” Corey said “we have to focus on our mission- on the work; not the rhetoric.”
Morale problems during covid? No office in the country is closed. The management offices at Main Justice are full. It can be tough when peers are working at home. Erin stressed the need for communication and occasional virtual happy hours.
On the civil side, Erin stressed that her office is more proactive. Corey said civil case loads are higher than ever- increasing cases of nursing home fraud, elder fraud, sexual harassment in housing.
It has been a NAFUSA custom for several years to have the heads of the AGAC and EOUSA address our annual conferences. Paul closed the hour by thanking Erin and Corey for participating, albeit it virtually. Paul stated that we hope to have additional webinars until we are once again able to meet in person.
On October 3, 2020, the NAFUSA Board of Directors met virtually via a Zoom call, led by President Paul Coggins. Rich Rossman reported on the finances, which remain strong, despite the cancellation of the annual meeting due to Covid 19 concerns. The 18 sponsors who had advanced funds for the 2020 conference planned for New York refused our offer of rebates, giving us sufficient funds for the year and a head start for 2021. These sponsors were told their sponsorships would be good for 2020 and 2021 without the expectation of additional contributions for 2021. Although we have fewer sponsors than normal, we are hopeful that the longstanding sponsors who did not participate this year will return as soon as pandemic concerns stabilize.
Lisa Rafferty reported that she was able to obtain full refunds for the deposits paid to the hotels for the cancelled 2020 board meeting (the Four Seasons in Austin) and conference (the Hilton in New York). Lisa also advised the board that 54 members have yet to pay dues this year, which is much higher than usual. She speculates that the work-from-home during the Covid crisis may have caused some members to overlook their dues this year. If dues are not paid by December 31, members become inactive and are removed from the member directory. They will, however, remain on the newsletter subscription list with hope that they stay in touch and consider rejoining.
Jack Selden reported that we currently have 312 active members, including five Trump appointees who have recently joined.
Plans were made for NAFUSA’s first webinar, to be held later in the month.
The board then held a lengthy discussion of public position guidelines. Paul Coggins raised the question on how the Board should go about considering proposals for the Board to issue public statements on current issues. Such proposals are fairly rare, and Board statements are much rarer, with the last two being one on the U.S. Attorney firings in 2007 and one this summer on the killing of George Floyd. The Board agreed to design a process for Board statements without any membership approval requirement, and to maintain the current practice of requiring a supermajority (75%) of the Board before approving a Board statement. The Floyd statement was approved unanimously.
Tentatively the Board plans to meet in the spring of 2021 in Austin, Texas and the conference in the fall in New York City. The 2022 conference will likely be held in Washington, DC and the 2023 conference in San Francisco or Los Angeles.
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