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Chief Judge Mary Murguia

Ninth Circuit Conference Features Thought-Provoking Programs and Gatherings to Advance the Administration of Justice

Oct. 16, 2023
By William Cracraft

Ninth Circuit Chief Judge Mary H. Murguia welcomes conference attendees on day one of the Ninth Circuit Judicial Conference.

An honor guard from McChord Air Force Base, south of Tacoma, Washington, home of the 62nd Airlift Wing, Air Mobility Command, presented the colors as part of the conference opening ceremony.

One of the sessions held on day one was “Interpreting the Constitution: A Debate on Originalism and Its Alternatives.” Participating, left to right, were John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University Pritzker School of Law; Akhil Reed Amar, the moderator, Sterling Professor of Law and Political Science, Yale Law School; and David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, University of Chicago Law School.

District Judge Esther Salas, District of New Jersey, was joined by John Gleeson, former district judge, and Bruce D. Perry M.D. Ph.D. in a discussion, “What Happened to You? A Conversation on Trauma, Resilience, and Healing,” considering the effect childhood trauma has on behavior that brings adult offenders to court.

U.S. Supreme Court Justice Elena Kagan, left, is joined by Bankruptcy Judge Madeleine C. Wanslee, conference program chair, center, and Misty Perry Isaacson, LRCC chair, in the traditional “Conversation with the Justice” on the last day of the conference.

Experts gathered to discuss a question important to multiple states — “How the Colorado River Runs or Runs Out: A look beneath the surface.” Participants included Sharon B. Megdal, director, Water Resources Research Center, University of Arizona; Anne J. Castle, senior fellow, Getches-Wilkinson Center, University of Colorado Law School, and founding member, Water Policy Group; and Robert T. Anderson, solicitor, Department of the Interior, were joined by John Entsminger, general manager, Las Vegas Valley Water District and Southern Nevada Water Authority; and Felicia Marcus, moderator, William C. Landreth visiting fellow, Stanford University’s Water in the West Program.

The 2023 Ninth Circuit Judicial Conference, held in Portland, Oregon, from July 31 to August 3, brought together members of the bench and bar from throughout the Ninth Circuit, distinguished guests, academia and honored leaders. This year’s theme was “If the past is prologue, then we have a lot to talk about.” Featured programs covered diverse topics ranging from “Interpreting the Constitution: A Debate on Originalism and Its Alternatives” to “How the Colorado River Runs or Runs Out: A Look Beneath the Surface.” These and other programs featured experts and legal practitioners and engaged attendees in thoughtful discussions.

Special guests included U.S. Supreme Court Justice Elena Kagan, U.S. District Judge Robert M. Dow, Jr., Counselor to the Chief Justice of the U.S. Supreme Court, and U.S. District Judge Carlton W. Reeves, of the Southern District of Mississippi, Chair of the U.S. Sentencing Commission.

Ninth Circuit Chief Judge Mary H. Murguia opened the conference with remarks about the state of the circuit and acknowledged and introduced all the new judges appointed since the 2022 circuit conference.

The 2023 Ninth Circuit Judicial Conference is organized by the Conference Executive Committee led this year by U.S. District Judge Michael H. Simon, conference chair, District of Oregon, and U.S. Bankruptcy Judge Madeleine C. Wanslee, program chair, District of Arizona.

Attended by 263 judges and 178 lawyers, the conference program opened with Judge Dow’s introductory remarks followed by a review of the Supreme Court’s recent activities by Lisa S. Blatt.

“This was the first Ninth Circuit Judicial Conference held in Portland in 27 years. Undoubtedly, our Conference would not have happened without the help of so many talented and dedicated individuals. I appreciate Molly Dwyer’s continued invaluable support as Clerk of Court for the Court of Appeals, and Sue Soong, and her team in the Circuit Executive’s Office for their outstanding service to each of the fifteen districts in our Circuit and to the court of appeals, as we continue to administer justice in the western states and Pacific islands,” said Chief Judge Mary H. Murguia.

Each year the American Inns of Court recognizes a judge in each circuit for their dedication to access to justice issues and for their lifetime of public service and, this year, U.S. Senior District Judge Phyllis J. Hamilton, Northern District of California, received the prestigious 2023 Professionalism Award for the Ninth Circuit. The award was given in recognition of her lifetime dedication to the highest standards in public service, in the legal profession and the rule of law. Judge Hamilton’s distinguished career embodies the exemplary character, integrity, professionalism and dedication to the rule of law required of recipients of this award, said the Honorable Edward A. Torpoco (ret.), president of Edward J. McFetridge American Inn of Court, in his nomination letter. Read more here.

The Ninth Circuit Advisory Board selects a lawyer who has demonstrated outstanding character and integrity, among other attributes, and the 2023 recipient of the John P. Frank award is Erwin Chemerinsky, dean of Berkeley Law. “This award recognizes Dean Chemerinsky for his many and unending contributions to the Courts,” said Melinda Haag, chair of the Ninth Circuit Advisory Board, who presented the award. “Dean Chemerinsky has had a storied career in academia, is a distinguished law professor and educator, a public intellectual and an extraordinary appellate lawyer.” Read more here.

Other general programs included “U.S. Sentencing Commission: Current Issues,” “Regulating Big Tech,” “What Are Potential Solutions to the Homelessness Crisis” and “History—What Is It Good For?” Speakers and panel experts at each engaged participants in thought-provoking discussions.

“What Happened to You? A Conversation on Trauma, Resilience and Healing,” moderated by U.S. District Judge Esther Salas, District of New Jersey; included John Gleeson, former district judge in the Eastern District of New York; and Bruce D. Perry, M.D., Ph.D. Dr. Perry explained his groundbreaking work on the impact of abuse, neglect, and trauma in a person’s brain development. Judge Salas highlighted her personal journey healing after her son, Daniel, was murdered in 2020 in their home by a disgruntled lawyer. The killing brought widespread attention to vulnerabilities in judicial security. The recently passed Daniel Anderl Judicial Security and Privacy Act (Daniel Anderl Act) provides protection for judges’ and certain family members’ personally identifiable information that is posted on the internet by private entities and the federal government.

Ninth Circuit committees met between general sessions—sometimes in person for the first time in years —and various business meetings and supplemental sessions were held over the conference. One notable bench-bar session was “Empaneling a Jury: Joint Criminal/Civil Breakout Session: An interactive session between bench and bar on jury empanelment from jury questionnaires to seating a jury.” Roger M. Townsend, chair elect of the circuit’s Lawyer Representatives Coordinating Committee (LRCC), coordinated the program because he was preparing to pick a jury in federal court, and “quickly realized how much variation there is between districts and judges within each district.” He also “discovered how strongly both judges and lawyers feel about what makes an appropriate jury selection process. We have received excellent feedback and ongoing interest in the topic. I have had several conversations with lawyer representatives about replicating the program with the bench and bar in their home districts,” Townsend finished.

The Magistrate Judges Education Committee presented a discussion about privacy rights for judges and attorneys and the Bankruptcy Judges Education Committee presented a program about cryptocurrencies as they relate to Chapter 11 processes.

The top civics contest winners Liam Hutchison from Honolulu and Luke Blue from Spokane were honored at the civics contest reception on July 31. Additional winners from the local Oregon civics contest also attended the celebration. Hutchison and Blue accepted their awards and participated in a panel with judges from the Public Information and Community Outreach Committee. Chief Judge Murguia and Justice Kagan attended, and Justice Kagan presented the winners with a signed and personalized pocket U.S. Constitution. Read more here.

On August 2, tribal judges and leaders from the Northwest met with U.S. Supreme Court Justice Elena Kagan, and Ninth Circuit Judges. U.S. District Judge Diane J. Humetewa, District of Arizona, the first Native American woman to serve as a federal judge was instrumental in arranging the meeting. Judge Humetewa is chair of the Ninth Circuit’s Ad Hoc Committee on Tribal and Native Relations. Both Justice Kagan and Chief Judge Murguia attended as honored guests. Read more here.

On the final day of the conference, Justice Kagan held the traditional “Conversation with the Justice” program, taking the stage with Judge Wanslee and Misty Perry Isaacson, LRCC chair, for a Q & A session. The conversation ranged from favorite decisions she has written, her preferred authors and how to bolster confidence in the Supreme Court.

Authorized by law under 28 USC § 333, the Judicial Conference convenes “for the purpose of considering the business of the courts and advising means of improving the administration of justice within the circuit.”

The Ninth Circuit encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington state, the U.S. Territory of Guam and the Commonwealth of the Northern Mariana Islands. It includes the Ninth Circuit Court of Appeals and the federal trial and bankruptcy courts in the 15 judicial districts within the circuit.

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