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Sunday, July 12, 201512:00 p.m.
Ninth Judicial Circuit Historical Society Lunch Meeting
5:00 p.m.Conference Registration Desk Opens
Monday, July 13, 20157:00 a.m.Conference Registration Desk Opens
7:15 a.m.Chief Bankruptcy Judges Breakfast Meeting
Presiding: Hon. Frank R. Alley III
Chief Bankruptcy Judge, OR
Chair, Conference of Chief Bankruptcy Judges
Ticketed event; advance reservations required.
7:15 a.m.New Lawyer Representatives Orientation Breakfast Meeting
Program open to all lawyer representatives who are attending the Ninth Circuit Judicial Conference for the first time.
Presiding: Autumn D. Spaeth, Esq., CAC, Vice Chair,
Lawyer Representatives Coordinating Committee
Ticketed event; advance reservations required.
7:15 a.m.Wellness Committee Breakfast Meeting
Presiding: Hon. Phyllis J. Hamilton, District Judge, CAN
Chair, Wellness Committee
Ticketed event; advance reservations required.
8:30 a.m.Ninth Circuit Judges Education Committee Program:
A Supreme Court ReviewPresiding:
Speakers:
Hon. Jay S. Bybee, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee
Hon. John B. Owens, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit
Hon. Paul J. Watford, Circuit Judge, U.S. Court of Appeals for the Ninth CircuitOpen to all judges and lawyers.
10:00 a.m.Break10:30 a.m.Opening Ceremony
Welcome:
Hon. Sidney R. Thomas, Chief Judge
U.S. Court of Appeals for the Ninth Circuit
Presiding:
Hon. Jay S. Bybee, Circuit Judge, U. S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee
Presentation of the Colors
United States Marine Corps, 4th Tank Battalion
Led by Sergeant Gabriel B. Torres, Battalion Color Sergeant
Pledge of Allegiance
Welcome to the Conference
Introduction of Special Guests
and New Judicial Officers
Recognition of New Senior JudgesAward Presentations
American Inns of Court Award
Ninth Circuit Professionalism Award
In recognition of professionalism, ethics, civility and legal excellence
Presentation:
Hon. Mary M. Schroeder, Senior Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
Board of Trustees, American Inns of Court
Recipients:
Hon. Robert J. Bryan, Senior District Judge, WAW
Larry A. Hammond, Esq., AZ2015 Ninth Circuit John P. Frank Award
Recognizing an outstanding lawyer practicing in the Ninth Circuit
Introduction: Todd D. True, Esq., WAW
Chair, Ninth Circuit Advisory Board
Remarks: Hon. Rosanna Malouf Peterson
Chief District Judge, WAE
Recipient: Judy Clarke, Esq., CAS, Criminal Defense Attorney
Bringing Civics Education Back into the Classroom
Introduction: Hon. Jay S. Bybee, Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee
The Federal Judiciary's Efforts
Hon. Raymond C. Fisher, Senior Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
California's Implementation Plan
Hon. Judith D. McConnell, Administrative Presiding Justice, California Court of Appeal
Highlights of the 2015 Essay and Video Contest
Our Constitution: What the American Dream Means to Me
Winners of the essay and video contests will be recognized. A booklet with winning essays will be distributed and the winning videos will be shown.
Hon. Janis Lynn Sammartino, District Judge, CAS
Chair, Ninth Circuit Courts and Community Committee
Closing Remarks
* Spouses and Conference guests are invited to all general sessions.
12:00 p.m.All Conference Buffet Lunch
Enjoy your lunch before the business meetings!
Ticketed event; advance reservations required.After the business meetings, the first general session begins
at 3:00 p.m.1:00 p.m.Business Meetings
Circuit Judges, District Judges Association, Bankruptcy Judges, Magistrate Judges, Lawyer Representatives, District and Bankruptcy Court Clerks, Chief Pretrial Services and Chief Probation Officers, United States Attorneys, Federal Public Defenders and Community Defenders, and Law School Deans
2:30 p.m.BreakGENERAL SESSION
CONFERENCE PROGRAM RESUMES
3:00 p.m.Cyberwarfare and Cyberattacks: Protecting
Ourselves Within Existing LimitationsCyberattacks upon government and private information systems are a daily occurrence. Attacks upon sophisticated government systems are often state sponsored while threats to corporations and private businesses may jeopardize personal and financial security. Our panel of experts, moderated by Third Circuit Judge Thomas M. Hardiman, chair of the Committee on Information Technology of the Judicial Conference of the United States, will provide an overview of the threats we face in government and private industry, and what we, as employees and individuals, can do to limit our exposure to those threats.
Introduction: Margaret G. Foley, Esq., NV
Chair-Elect, Lawyer Representatives
Coordinating Committee
Speakers: Hon. Thomas M. Hardiman
Circuit Judge, Third Circuit
Chair, Committee on Information Technology of
the Judicial Conference of the United StatesLt. Col. Shane R. Reeves, Associate Professor
United States Military Academy, West Point
Dr. Kimberly C. Claffy, Founder, Center for
Applied Internet Data Analysis, University of
California, San Diego
* Spouses and Conference guests are invited to all general sessions.4:30 p.m.Adjournment for the Day
Hon. Jay S. Bybee, Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee
4:45 p.m.Advisory Board of the Ninth Circuit Meeting
Presiding: Todd D. True, Esq., WAW
Chair, Advisory Board of the Ninth Circuit
Tuesday, July 14, 20157:00 a.m.Conference Registration Desk Opens
7:00 a.m.Chief District Judges Breakfast Meeting
Presiding: Hon. Ralph R. Beistline, Chief District Judge, AK
Chair, Conference of Chief District Judges
Ticketed event; advance reservations required.7:00 a.m.Bankruptcy Appellate Panel Breakfast Meeting
Presiding: Hon. Randall L. Dunn
Chief Bankruptcy Judge, BAP, OR
Ticketed event; advance reservations required.7:00 a.m.LRCC/Advisory Board Breakfast Meeting
All outgoing and incoming LRCC chairs and co-chairs are welcome.
Presiding: Rebecca L. Pennell, Esq., WAE, Chair, LRCC
Todd D. True, Esq., WAW
Chair, Advisory Board of the Ninth Circuit
Ticketed event; advance reservations required.7:00 a.m.Appellate Lawyers Breakfast Meeting
Presiding: Anne M. Voigts, Esq., CAN
Chair, Appellate Lawyer Representatives
Ticketed event; advance reservations required.GENERAL SESSION
8:30 a.m.How the Ninth Circuit Can Meet the Challenges of Global Demographic Change and Become a Model for the Rest of the World
The Ninth Circuit's geographic region is at the forefront of a worldwide pattern of demographic change. What does this mean for the federal courts? How can we accommodate witnesses, attorneys, litigants, and jurors when faced with increased cultural, language, and age diversity? Our distinguished panel will identify global demographic trends and how those changes are occurring in the Ninth Circuit and what these changes will mean for courts and juries. We will then discuss the challenges and effective strategies of serving diverse populations.
Introduction: Rebecca L. Pennell, Esq., WAE
Chair, Lawyer Representatives Coordinating
Committee & Member, Conference Executive Committee
Speakers: Hon. Edward M. Chen
District Judge, CAN, ModeratorLois Heaney, President, Senior Litigation
Consultant; President, NJP Litigation Consulting/WestAlison Dundes Renteln, Professor of Political Science,
University of Southern CaliforniaMarcelo M. Suárez-Orozco
Dean and Distinguished Professor of Education,
UCLA Graduate School of Education and
Information Studies
* Spouses and Conference guests are invited to all general sessions.10:00 a.m.Break10:15 a.m.Benefits Session for Judicial Spouses
Hosted by Martha Sheehy, Esq., and Dianna G. Bybee, this special program will provide answers to questions about benefits for judges and their families. Carol Sefren, benefits expert from the Administrative Office of the United States Courts, will facilitate the discussion.10:15 a.m.Breakout Sessions
Participants will move to their breakout rooms. Please arrive at your session promptly to start on time. These programs provide an opportunity for members of the bench and bar to examine issues of concern and develop possible solutions to improve the administration of justice throughout the Ninth Circuit.
Appellate Breakout Session
Presiding: Hon. Mary H. Murguia, Circuit Judge,
U.S. Court of Appeals for the Ninth CircuitAnne M. Voigts, Esq., CAN
Chair, Appellate Lawyer RepresentativesImproving Appellate Advocacy: What the Bench and Bar Can Do Better
Appellate advocacy is not always as good as it can be, particularly in certain practice areas. This session is intended to identify some of the common shortcomings in appellate advocacy and to explore ways for both the bench and the bar to work together to address them. Discussion will include problems related to issue selection, brief writing, identification of relevant authority, responsiveness at oral argument, and other topics.Bankruptcy Breakout Session
Presiding: Autumn D. Spaeth, Esq., CAC
LRCC Vice Chair and Member,
Conference Executive CommitteeRobert Charles, Esq., At-Large Member, AZ
Conference Executive CommitteeJames Patrick Shea, Esq., NV
At-Large Member, Conference Executive Committee
The bankruptcy breakout session will discuss selected decisions from the United States Supreme Court and a number of recommendations contained in the American Bankruptcy Institute's Commission to study the reform of Chapter 11.
Civil Breakout Session
Presiding: Hon. Rosanna Malouf Peterson
Chief District Judge, WAE
Member, Conference Executive Committee
The Civil Breakout Session will include audience response systems ("clickers") to continue the discussion of effective advocacy and the challenges of managing civil trials in the demographically changing Ninth Circuit.
Speakers: Hon. Edward M. Chen
District Judge, CAN, ModeratorLois Heaney, President, Senior Litigation
Consultant; President, NJP Litigation Consulting/WestAlison Dundes Renteln
Professor of Political Science,
University of Southern CaliforniaCriminal Breakout Session
Presiding: Angela Walker Woolridge, Esq., AZ
At-Large Member, Conference Executive Committee
The Effect of Changing Demographics on Federal Criminal Litigation
With increased migration, opportunities for cultural misunderstandings are greater, and the legal system should be prepared to consider cultural issues and practices that may conflict with the law.
Speaker: Rene L. Valladares, Esq., NV Federal Public Defender
*Conference participants will be given table assignments for practice-related discussions. Spouses and Conference guests will not be included for this segment.
12:00 p.m.Conference Group Luncheon
Introduction: Hon. M. Margaret McKeown, Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
Keynote Speaker: The Honorable Stephen J. Rapp
United States Ambassador-at-Large,
Office of Global Criminal Justice,
U.S. Department of State
Ticketed event; advance reservations required.
* Spouses and Conference guests are invited to all general sessions.SUPPLEMENTAL PROGRAMS
1:30 p.m.Bankruptcy Judges Education Program
BANKRUPTCY JUDGES ONLY PROGRAM
Current Issues Facing Bankruptcy Judges
This "Judges Only" panel will explore a variety of issues of interest to bankruptcy judges, including uniformity within the circuit and within districts, the role of the judge in the courtroom, trial issues and pro se litigant issues. The program is designed to be interactive and to stimulate discussion on topics of interest.
Introduction: Hon. Julia W. Brand, CAC
Chair, Bankruptcy Judges Education Committee
Speakers: Hon. Eddward P. Ballinger, Bankruptcy Judge, AZ
Hon. Jim D. Pappas, Bankruptcy Judge, ID
Hon. Elizabeth L. Perris
Recalled Bankruptcy Judge, OR
Hon. Erithe A. Smith, Bankruptcy Judge, CAC
1:30 p.m.Magistrate Judges Education Program
When Privacy is No Longer Private: A Judicial Primer on
Cell Phone Location DataMembers of the bench and bar are invited to attend.
Cellphone location data has greatly increased law enforcement's ability to establish a suspect's location and to gather other case-building evidence. As a result, courts are inundated with requests for such data which, even when properly made, can at times intrude on the privacy of non-suspects. In this program, we will discuss practical approaches to addressing the privacy concerns implicated by these data requests, what showing law enforcement officers must make depending on the specific type of request made, and whether these standards should vary depending on whether the officer seeks current, real-time information or only historical data, and other challenges related to addressing location data technology.
Introduction: Hon. Brian A. Tsuchida, Magistrate Judge, WAW
Chair, Magistrate Judges Education Committee
Speakers: Hon. Jacqueline S. Corley
Magistrate Judge, CAN, Moderator3:15 p.m.ADR Workshop
Effective Loan Modification Processes Benefiting Homeowners in Bankruptcy
Members of the bench and bar are invited to attend.
The Ninth Circuit ADR Committee sponsors a panel presentation and discussion of the Northern District of California's response to the class action settlement entered into with mortgage lenders who allegedly engaged in deceptive lending practices. Mediation sessions with the lenders are being used to create loan modifications and other work outs in the context of bankruptcy proceedings.
Introduction: Hon. Ricardo S. Martinez, District Judge, WAW
Chair, Alternative Dispute Resolution Committee
Speakers: Hon. Roger L. Efremsky, Chief Bankruptcy Judge, CANBrent D. Meyer, Esq., Meyer Law Group LLP
Igor Roitburg, Chief Operating Officer,
Default Mitigation Management LLCJennifer Song, Deputy Attorney General
Office of the Attorney General, State of California
3:15 p.m.Patent Pilot Judges Committee
Presiding: Hon. Cathy A. Bencivengo, District Judge, CAS
Hon. S. James Otero, District Judge, CAC
Other interested judges also are invited for a review onCase Management Best Practices in Patent Cases,
prepared by the Sedona Conference.3:15 p.m.JCUS Ninth Circuit Committee Members Meeting
Presiding: Hon. Sidney R. Thomas, Chief Judge,
U.S. Court of Appeals for the Ninth Circuit3:15 p.m.Senior Judges Meeting
Presiding: Hon. Susan Y. Illston, Senior District Judge, CAN
Speaker: Carol Sefren, Administrative Office of the U.S. Courts3:15 p.m.Attorney Admission Fund Committee Meeting (CANCELLED)
Presiding: Hon. Michael Daly Hawkins, Senior Circuit Judge
Chair, Attorney Admission Fund Committee3:15 p.m.Federal Bar Association Officers and Chapter Presidents' Meeting
Presiding: Alison Bachus, Esq., AZ
Joseph S. Leventhal, Esq., CAS3:15 p.m.Pacific Islands Committee Meeting
Presiding: Hon. Consuelo B. Marshall
Senior District Judge, CAC
Chair, Pacific Islands Committee3:15 p.m.Courts and Community Committee Meeting
Presiding: Hon. Janis Lynn Sammartino
District Judge, CAS
Chair, Courts and Community CommitteeWednesday, July 15, 20157:00 a.m.Conference Registration Desk Opens
7:00 a.m.Magistrate Judges Executive Board Breakfast Meeting
Presiding: Hon. Deborah M. Smith, Chief Magistrate Judge, AK
GENERAL SESSION
8:30 a.m.Human Trafficking and Immigration Issues
Introduction: Hon. Timothy M. Burgess, District Judge, AK
Human Trafficking: The Reality, the Scope and the Consequences
Through a candid discussion with experts in the field of human trafficking and a survivor who has suffered this human rights violation, the panel will demonstrate the prevalence of human trafficking within the Ninth Circuit and the nation. The panel also will provide real-world examples of how attorneys and judges can address this complex and widespread issue in an effort to make meaningful advancements in an underdeveloped area of the justice system.
Speakers: Hon. Virginia M. Kendall, District Judge, ILN
T. Markus Funk, Esq., Partner, Perkins Coie LLP
Shyima Hall, Victim Advocate
* Spouses and Conference guests are invited to all general sessions.9:45 a.m.Break10:00 a.m.My Journey Through Madness: the Experience of Mental Illness and Its Impact on the Law
Award winning author, Professor Elyn Saks, shares her personal story of living with schizophrenia and how it has inspired her legal work. By giving a window into the mind of someone suffering with psychosis, she hopes that sounder decisions will be made in the legal context involving people with mental illness. She will discuss an important mental health legal issue that runs across several areas of law—e.g., capacity in treatment/research, testimony, confessions, and in the death penalty. She will also look at pressing issues in the mental health context, such as the need for more and better treatment, less use of force, and efforts to diminish stigma. Her hope is to inspire a more informed understanding of mental illness and how it should be handled in these different areas of law.
Introduction: Hon. Marsha J. Pechman
Chief District Judge, WAW
Member, Conference Executive Committee
Speaker: Elyn Saks, Orrin B. Evans Professor of Law, Psychology and Psychiatry and the Behavioral Sciences, University of Southern California, Gould School of Law
Hon. Jeremy D. Fogel, Director, Federal Judicial Center
* Spouses and Conference guests are invited to all general sessions.11:15 a.m.Break11:30 a.m.Conversation with The Honorable Anthony M.
Kennedy, United States Supreme CourtIntroduction: Hon. Jay S. Bybee, Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee
Conversation Participants:
Hon. Margaret M. Mann, Bankruptcy Judge, CAS
Program Chair, Conference Executive Committee12:15 p.m.Closing Remarks and Adjournment
Hon. Jay S. Bybee, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee12:30 p.m.Conference Executive Committee Meeting
Presiding: Hon. Jay S. Bybee, Circuit Judge
U.S. Court of Appeals for the Ninth Circuit
Chair, Conference Executive Committee1:00 p.m.Fairness Committee Meeting
Presiding Co-Chairs: Hon. Richard A. Paez, Circuit Judge,
U.S. Court of Appeals for the Ninth Circuit
Hon. Miranda M. Du, District Judge, NV