Spring 2012 Workshop

Seattle, Washington

FELLOWS

Heidi Anderson

is an assistant professor of law at Florida Coastal School of Law in Jacksonville, Florida. Prior to joining the Coastal Law faculty in 2009, Professor Anderson practiced media and telecommunications law with Akin Gump Strauss Hauer & Feld, LLP in Washington, D.C. During and prior to law school, she interned with law firms in Charlotte and Greensboro, NC and for the United States Court of Appeals for the Federal Circuit. At Coastal Law, Professor Anderson has taught Contracts I & II, Professional Responsibility and Media Law. Professor Anderson’s scholarly works have appeared in law journals at UC Hastings, Ohio State, Utah and Washington and Lee, http://ssrn.com/author=1178114. Her primary scholarly interests are in privacy law and in identifying previously overlooked conflicts of interest in indigent defense and administrative law. She also is a contributing editor at ContractsProf Blog, http://lawprofessors.typepad.com/contractsprof_blog/. When not teaching or writing, Professor Anderson enjoys exploring Florida’s beaches and beyond with her husband, Tom, and five-year-old daughter, Ginny.

Lynne Battaglia

is currently a Maryland Court of Appeals Judge from the Third Appellate Circuit, having served on the Court of Appeals since January 2001. She began her legal career in 1974 at the Baltimore law firm of Semmes, Bowen & Semmes. From 1978 - 1984 she was an Assistant United States Attorney for the District of Maryland, and then served as Senior Trial Attorney within the Office of Special Litigation in the Department of Justice for the next four years. In 1988, she was appointed to be the Chief of the Criminal Investigations Division for the Maryland Attorney General and within three years was recruited to become the Chief of Staff to United States Senator Barbara A. Mikulski. From 1993 - 2001 she served as the United States Attorney for the District of Maryland. Among the numerous honors and awards received by Judge Battaglia, she has been elected to membership in the American Law Institute and most recently she was the recipient of the Rita Davidson Award from the Women’s Bar Association. She currently serves as the Chair of the Professionalism Commission of the Maryland State Bar Association, and as the Chair of the Women Lawyers in Maryland Project.

Lara Bazelon

is a Clinical Teaching Fellow at the University of California Hastings College of the Law in the Civil Justice Clinic. Starting in July 2012, she will become a Visiting Associate Clinical Professor at Loyola Law School in Los Angeles, where she will be the Supervising Attorney for Loyola’s Project for the Innocent. Previously, she worked for more than seven years as a Deputy Federal Public Defender in Los Angeles where she tried felony cases and handled habeas appeals. Ms. Bazelon writes extensively about criminal and ethical issues, both in law reviews and in opinion pieces that have been published in the Los Angeles Times, the Houston Chronicle, the National Law Journal, the San Francisco Recorder, and the Los Angeles Daily Journal. Her most recent law review article, Hard Lessons: The Role of Law Schools in Addressing Prosecutorial Misconduct, was published by the Berkeley Journal of Criminal Law in February.

Jennifer Brobst

has taught substantive and clinical courses at North Carolina Central University School of Law (NCCU) since 2004. She also currently holds an appointment as the Legal Director at the Center for Child and Family Health, a consortium of multidisciplinary faculty from Duke University, University of North Carolina at Chapel Hill, and NCCU addressing pediatric medical and mental health trauma treatment and abuse prevention. Last Spring she taught Professional Responsibility for the first time at NCCU. However, she has focused on ethical concerns related to crime victim witnesses in teaching Domestic Violence Law and Children and the Law, as well as civil rights considerations in teaching Evidence and Scientific Evidence. She formerly served as a Deputy Prosecuting Attorney in Indiana, and as a child forensic interviewer. Her current legal research focuses on PTSD and the rules of evidence, but her earlier publications discuss minors' rights such as the law on the reasonable parental discipline defense and fetal rights in homicide cases.

Hillary Farber

teaches in the areas of criminal law & procedure, evidence, juvenile justice, and legal ethics. Professor Farber's research focuses on criminal law and criminal procedure issues, with a particular focus on juveniles. She has published articles on topics such as juvenile interrogations, a parent-child testimonial privilege, and the impact of adolescent development on the Fifth and Sixth amendment rights of children. Her 2010 article, Do You Swear to Tell the Truth, the Whole Truth, and Nothing but the Truth against Your Child? advances the importance and usefulness of a parent-child testimonial privilege. Her research has prompted a legislative initiative in Massachusetts to become only the fifth state to adopt a statutory parent-child evidentiary privilege. Professor Farber’s latest article concerns the privacy interests of adult children who cohabitate with their parents. This article is titled, “A Parent’s ‘Apparent’ Authority: Why Inter-generational Co-residence Requires A Reassessment of Parental Consent to Search Adult Children’s Bedrooms”,21Cornell J. Law & Public Policy 39 (2011). Professor Farber enjoys using film and other images of lawyers in popular culture when teaching legal ethics. In 2003 she co-authored an article on such teaching techniques, Popular Culture as a Lens on Legal Professionalism, 55S.C. L. Rev. 351-389 (2003). Prior to full time law teaching, Ms. Farber was a public defender with the New Hampshire Public Defender. Ms. Farber serves on the Advisory Board of the Boston Chapter of the American Constitution Society, the Board of Directors for Suffolk Lawyers for Justice and the Massachusetts Chapter of the National Lawyers' Guild. She is a founding member of the New England Innocence Project.

Cynthia Godsoe

is an Instructor of Law at Brooklyn Law School. She teaches courses in professional responsibility, children and the law, public interest lawyering and legal writing. Her scholarship centers on ethics, family law, juvenile justice and education issues. Her most recent article on the ethical representation of families was published in the Georgetown Journal of Legal Ethics (2011). She presents frequently on juvenile justice, public interest and family law issues. Before joining the Brooklyn Law School faculty, Professor Godsoe represented youth in impact litigation and individual cases in juvenile justice, education and child protection matters. Following law school, she clerked for Judge Edward Korman in the U.S. District Court for the Eastern District of New York and was a Skadden Public Interest Fellow. She was chair of the Juvenile Justice Committee of the New York City Bar from 2008-2011 and participates in pro bono work on a variety of children's rights issues. Professor Godsoe recently joined the board of GEMS, an organization serving girls and young women who have experienced commercial sexual exploitation and domestic trafficking.

John Wesley Hall

is a criminal defense lawyer and NACDL Past President and a Fellow in the American Board of Criminal Lawyers. His practice includes trials, appeals, and some post-conviction litigation concentrating in the areas of drugs, sex, and violence. A student of the law of legal ethics in criminal defense practice and prosecutorial misconduct for over 30 years, he has argued twice in the U.S. Supreme Court, authored numerous amicus briefs in the Supreme Court for NACDL and others, and he has appeared in five federal circuit courts. As an ethics advisor, Mr. Hall has been consulted by at least 900 criminal lawyers seeking confidential counsel on ethics issues in the U.S., Military Courts, Canada, and international tribunals. He also wrote or co-wrote all of NACDL's ethics advisory opinions to date. He has handled over 350 jury trials and over 250 appeals, having made at least 90 oral arguments. He is the author of Professional Responsibility of the Criminal Lawyer (3d ed. 2005, Thomson West) and Search and Seizure (3d ed. 2000, LexisNexis Publishing; 4th ed. forthcoming). Mr. Hall was one of the principal drafters of the International Criminal Bar's Code of Conduct and was elected by defense counsel in the International Criminal Court in The Hague as a permanent member of the Attorney Disciplinary Appeals Board of the ICC for a four year term, 2007-10. He tried a war crimes trial in the Special Court of Sierra Leone in 2004-05. He is peer review listed in The Best Lawyers in America, and A-V rated by Martindale-Hubbell. Mr. Hall is in complete denial about the possibility of lawyer burnout.

Peter Rotskoff

is the Chief of Litigation and Professional Education at the Attorney Registration and Disciplinary Commission, Springfield, Illinois. He has been a member of the ISBA Standing Committee on Corrections and Sentencing and was the Committee Chair from 1997-1998. He is a member of the National Organization of Bar Counsel, Sangamon County Bar Association. Peter worked as an Assistant Defender, and State Appellate Defender, in the Supreme Court Unit in Springfield, Illinois from 1986 – 1991. Since 1998, he has been a Member of the ISBA Standing Committee on Legal Education, Admission & Competence, and he was the Committee Chair from 2002-2003. He has been a member of the ISBA Standing Committee on Mentoring since 2005 and was the Committee Chari from 2005-2006. Peter was a Member of the ISBA Special Committee on Mentoring from 2003 to 2005 and was the Committee Chari from 2004-2006. Peter was the Vice Chair of the ISBA Special Committee on the General Agreement on Trade in Services (GATS) from 2004-2006.

Kathy Swedlow

is a Professor of Law at Thomas M. Cooley Law School in Lansing, Michigan, where she teaches Criminal Law, Criminal Procedure, Death Penalty Law, and Wrongful Convictions Seminar. For several years, she was also the co-director of Cooley’s Innocence Project. Prior to joining the Cooley faculty, Professor Swedlow was an Assistant Federal Defender in the Capital Habeas Unit of the Defender Community Defender of Philadelphia, and a Staff Attorney in two different United States Courts of Appeal. In addition to her teaching duties, Professor Swedlow has been very involved with student character and fitness issues. She has served as Vice-Chair of Cooley’s Professionalism, Honor Code, and Discipline Committee, and as the Faculty Advisor to its Office of Law Student Assistance – whose members provide procedural advice to students facing charges under the Law School’s Honor Code. She has also served as a Member of Cooley’s Honor Council, and a Member of the Character and Fitness Subcommittee of Cooley’s Admissions Committee. Finally, during the Summers of 2011 and 2012, Professor Swedlow served as Acting Assistant Dean of Students, in charge of a variety student conduct matters at the Law School.

SPEAKERS & DISCUSSANTS

Clark Cunningham

is the Director of the National Institute for Teaching Ethics and Professionalism and the W. Lee Burge Professor of Law & Ethics at the Georgia State University College of Law, where he teaches Professional Responsibility: Heroes & Villains and Fundamentals of Law Practice. He is a widely cited expert on the lawyer client relationship and directs the Effective Lawyer Client Communication Project, an international collaboration of law teachers, lawyers and social scientists. He has served as an expert on legal ethics in a number of major cases and his reasoning has been adopted by the Missouri Supreme Court and federal courts in Georgia and Illinois in decisions disqualifying lawyers for conflicts of interest. In 2006 he was admitted to membership in The Society of Writers to Her Majesty's Signet in recognition of his work which is leading to fundamental changes in the ways client relationship skills are taught in Great Britain. At the time he was only the second American to become a member of The Society, the oldest professional association of lawyers in the world, which is charged with custody of the royal seal of the British monarchy. He is a member of the Georgia's Chief Justice’s Commission on Professionalism. In 2004 he served as Co-Reporter to Georgia's Commission on Indigent Defense. He has spoken and consulted around the world on reform of legal education and served a two year term Convener of the Global Alliance for Justice Education, an organization of over 700 law teachers, lawyers, and leaders of nongovernmental organizations from more than 50 countries. He is the only American currently serving as an officer of the Academic and Professional Development Committee of the International Bar Association. He previously was a law professor at Washington University in St. Louis (1989-2002) and the University of Michigan (1987-89).

Bruce Green

is the Louis Stein Professor at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics. He teaches and writes primarily in the areas of legal ethics and criminal law and has engaged in various professional service in these areas. He currently serves on the Multistate Professional Bar Examination drafting committee and recently chaired the ABA Criminal Justice Section and was a member of the ABA Standing Committee on Ethics and Professional Responsibility. Since joining the Fordham faculty in 1987, Professor Green has also engaged in various part-time public service, including as a member of the New York City Conflicts of Interest Board, as a member of the attorney disciplinary committee in Manhattan, as Associate Counsel in the office of the Iran/Contra prosecutor, and as a consultant and special investigator for the N.Y.S. Commission on Government Integrity. Previously, Professor Green was a federal prosecutor in the Southern District of New York and a judicial law clerk to Justice Thurgood Marshall and Circuit Judge James L. Oakes.

Dennis Honabach

has served as dean and professor of law at Northern Kentucky University Chase College of Law since 2006. He came to Chase from Washburn University School of Law, where he had served as dean and professor. Under his leadership, NKU/Chase has established the Center for Excellence in Advocacy and the Transactional Law Practice Center. This year NKU Chase opened its Small Business & Nonprofit Law Clinic, the first clinic of its kind in the region. After law school he practiced law in Pittsburgh, PA with the law firm of Kirkpatrick, Lockhart, Johnson & Hutchison. He then joined the faculty at Vermont Law School and later the faculties of Rutgers-Camden School of Law and the District of Columbia School of Law. He served as president, dean, professor of law and founding director of the Entrepreneurial Law Center at Western State University College of Law from 1996-2001. He left Western State in 2001 to become the dean of the Washburn University School of Law. He has co-authored books on directors and officers liability (D&O Liability Handbook, West Group 1994-2011 editions) and proxy rules (Proxy Rules Handbook, West Group 2001-2011 editions). He has published law review articles on topics ranging from managerial liability and Enron to toxic torts and nuisance law. He is the co-chair of the ABA Business Law Section's Legal Education Committee and president-elect of the American Association of Law School's Section on Part-Time Legal Education. He also serves on the advisory board of the American Association of Law School's Deans Section. He has previously served as the co-chair of the American Bar Association Section of Legal Education and Admissions to the Bar Clinical and Skills Education Committee and as a member of the of the Law School Admissions Council Services Committee and LSAC's Programs and Test Development & Research Committee. He is a member of the Salmon P. Chase Inn of Court.

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Maureen Howard

was named Director of the UW Trial Advocacy Program as an Assistant Professor of Law in 2005. She was also appointed an Adjunct Assistant Professor of the Hong Kong University Law Faculty in 2008. Professor Howard was named the Director of the National Institute of Trial Advocacy's Northwest Regional Trial Skills program in 2008. She joined the UW law school as an adjunct professor in 1997 and became Interim Director of the Trial Advocacy Program in 2002. Her research and teaching interests include trial advocacy, civil procedure, evidence, and criminal law. Professor Howard began her career as a civil litigator in Seattle with the law firm of Stoel Rives LLP, where she concentrated her practice in commercial and employment law. After twelve years, she moved to the King County Prosecutor's Office where she tried criminal felony cases. She later became a judge pro tempore for King County, presiding over both civil and criminal trials, until joining the faculty full-time. Professor Howard has taught trial advocacy for over fifteen years. In 2010, she traveled to Africa to teach at the University of Nairobi Kenya School of Law, and in 2006, she traveled to Dublin, Ireland at the request of the Department of Public Prosecutions to train prosecutors for the country. Professor Howard serves on the Washington Pattern Jury Instruction Committee and the Executive Committee for the William L. Dwyer Inn of Court. She also coaches several Washington state high school mock trial teams for state and national competitions. In addition to her formal teaching, Professor Howard writes and speaks nationally on the art of trial advocacy and has appeared on several television programs as a legal commentator. Professor Howard is admitted to practice in Washington and California, and before the Supreme Court of the United States.

Zanele Ngubeni

is a Staff Attorney at the Office of the Public Defender, Atlanta Judicial Circuit in Atlanta, Georgia. Before relocating to Atlanta, she was one of the first attorneys to practice in the newly-formed Orleans Public Defenders Office in New Orleans, Louisiana, which was founded in the aftermath of Hurricane Katrina. Ngubeni is passionate about raising the bar and improving the quality of representation for poor people accused of crimes. In Atlanta, her representative cases include serious violent felonies, sex offenses and drug trafficking. Ngubeni is a graduate of the nationally-acclaimed Southern Public Defender Training Center (SPDTC) and is also enrolled in the SPDTC Graduate Program. She has completed a trial advocacy program sponsored by the National Institute for Trial Advocacy and is a 2010 graduate of the Bill Daniel Trial Advocacy Program sponsored by the Georgia Association of Criminal Defense Lawyers.

Charles C. (“Chuck”) Olson

is the Executive Director of the Prosecuting Attorneys’ Council of Georgia, a state agency that provides support to the more than one thousand state and local prosecuting attorneys in the State of Georgia. As General Counsel, he serves as the Professional Responsibility Officer for the prosecuting attorneys in the State and coordinates the ethics and professionalism training that is part of every continuing legal education program offered by the Council. He coordinates the Transition Into Prosecution Program, which is the State Bar of Georgia approved version of the Transition Into Law Practice Program for prosecuting attorneys, and teaches the prosecution ethics component of the Fundamentals of Prosecution Course. He has been employed by the Prosecuting Attorneys’ Council since 1975 and is an advisor to the State Bar of Georgia Committee on Professionalism and served as Chair of the Government Attorneys Section. He has published articles on the Vienna Convention on Consular Relations and on the role of prosecuting attorneys in juvenile courts. Mr. Olson is a member of the International Association of Prosecutors and advises Georgia prosecutors on international law issues. He was the coordinator of state prosecution support for the 1996 Centennial Olympic Games in Atlanta and the 2004 G8 Summit on St. Simon’s Island and has consulted with prosecutors in London, England, Sidney, Australia, Salt Lake City, Utah and Vancouver, British Columbia on Olympic security planning.

Mark Osler

is a Professor of Law at the University of St, Thomas Law School in Minnesota. Professor Osler is a former federal prosecutor whose work has consistently confronted the problem of inflexibility in sentencing and corrections. As lead counsel he won the case of Spears v. United States (2009) in the U.S. Supreme Court, where the Court held that sentencing judges can categorically reject the 100:1 ratio between crack and powder cocaine in the federal sentencing guidelines. Justice Stevens (in dissent) also quoted Prof. Osler in the seminal case of United States v. Booker (2005), which struck down the mandatory guidelines. As an appellate attorney, Osler has briefed or argued cases (often as Amicus for other sentencing experts) in six federal courts of appeal and in the United States Supreme Court, and as a sentencing expert he has testified in Congress (2009) and before the U.S. Sentencing Commission (2004). He serves as the head of the Association of Religiously Affiliated Law Schools, and often lectures on issues relating to sentencing, ethics, and faith and the law. His work on one case is portrayed in the Samuel Goldwyn film American Violet, where the character of Prof. Joe Fischer is based on Osler’s role in working with a former student to address suspect practices by a District Attorney. His book, Jesus on Death Row (Abingdon, 2009) challenges the death penalty based on the experience of Christ as a criminal defendant. He has also authored over twenty academic articles and has been interviewed as a sentencing or Supreme Court expert by several news outlets. In 2009 (while serving as a professor at Baylor University) he was named “Wacoan of the Year” by Wacoan Magazine.

Tiffany Roberts

is the Deputy Director of the National Institute for Teaching Ethics and Professionalism (NIFTEP). In 2008 Tiffany presented at the International Forum on Legal Education on her research in Durban, South Africa on the value of mandatory clinical experience to law students. Also in 2008 she published a student note in the Tennessee Journal of Law and Policy based on her research abroad funded by the Study Space Fellowship at the Center for the Comparative Study of Metropolitan Growth, "The Ties That Bind: Capitalizing on the Existing Social Fabric in Public Housing to Revitalize Neighborhoods and Avoid Displacement in Panama City, Panama." In 2010 Tiffany was appointed by Mayor Kasim Reed to sit on a community panel for the selection of the city's next police chief. Her appointment was based on her leadership role in a local community safety organization. She presently volunteers with several organizations that promote justice, fairness and equity in the criminal justice system. In 2011 Tiffany opened a solo law practice after over two years of practicing felony indigent defense at the Office of the Public Defender, Atlanta Judicial Circuit. She also currently serves as adjunct faculty at Georgia State University College of Law, co-teaching Fundamentals of Law Practice with Clark Cunningham. Tiffany has an interest in clinical legal education and legal ethics and professionalism, particularly as applied in the criminal justice setting.

J. Wesley St. Clair

is a judge in the King County Superior Court in Seattle, Washington. He joined the Criminal Division of the Office of the King County Prosecuting Attorney shortly after his graduation from law school. After leaving the prosecutor’s office in 1986, he opened a private practice in Bellevue where he specialized in criminal defense work. He was appointed to the Northeast Division of the King County District Court in September of 1991 and was elected the Presiding Judge for King County District Court in the fall of 2001. He served as presiding judge until July of 2004, when he was appointed to the King County Superior Court by Governor Gary Locke. He has served on various committees in both district and superior courts systems with an emphasis on issues of technology. He is currently the Chair of the King County Superior Court Judge’s Technology Committee and sits on the court’s Executive Committee and the Court Technology Steering Committee. Judge Saint Clair has presided at the Maleng Regional Justice Center in Kent, assigned to the trial department, and sat weekly on the King County Drug Diversion Court; during the time he presided over this court, 700 drug court defendants graduated from the program. In February 2007, the King County Drug Court became the first drug court in the country to receive the Transforming Communities Award from the National Association of Drug Court Professionals. Judge Saint Clair now presides at Juvenile Court, handling drug court cases involving juveniles. In 2003, he was awarded the King County Bar Association’s Outstanding Judge of the Year and in 2009 he was the recipient of the King County Martin Luther King Jr. Humanitarian Award.

David Singleton

is an attorney and Executive Director of the Ohio Justice and Policy Center (OJPC). The OJPC is a non-partisan, nonprofit, public interest law office based in Cincinnati whose purpose is to reform Ohio's justice system. Upon graduation from law school, Mr. Singleton received a Skadden Fellowship to work at the Legal Action Center for the Homeless in New York City, where he practiced for three years. He then worked as a public defender for seven years, first with the Neighborhood Defender Service of Harlem and then with the Public Defender Service for the District of Columbia. After moving to Cincinnati in 2001, Mr. Singleton practiced at Thompson Hine before joining OJPC as its Executive Director in July 2002. Mr. Singleton joined the faculty at Northern Kentucky University Salmon P. Chase College of Law as a Visiting Professor during the 2007-2008 academic year. He teaches a seminar on Constitutional Issues in Criminal Justice and the Constitutional Law Clinical Externship. David is also a faculty member at the Southern Public Defender Training Center, a three-year program for young public defenders.

Ellen Yaroshefsky

is Clinical Professor of Law and the Executive Director of the Jacob Burns Ethics Center at the Benjamin N. Cardozo School of Law in New York. She teaches professional responsibility courses, organizes ethics programs and is the director of Cardozo’s Intensive Trial Advocacy Program. Professor Yaroshefsky represents lawyers and law firms in criminal, civil and disciplinary matters and serves as an expert witness on legal ethics issues. She serves as an ethics consultant and frequently lectures on topics involving the law of lawyering to a wide variety of bar associations and other groups. She is co-chair of the Ethics, Gideon and Professionalism Committee of the American Bar Association's Criminal Justice Section, co-chair of the Ethics Committee of the National Association of Criminal Defense Lawyers, the ethics advisor for the Prosecutorial and Judicial Complaint Center of the New York Association of Criminal Defense Lawyers, a member of the advisory board of the Justice Center of the New York County Lawyers Association and of New York State Bar Association Committee on Standards of Attorney Conduct, and has served on various committees of the Association of the Bar of the City of New York. She has received a number of awards for litigation and received the New York State Bar Association award for “Outstanding Contribution in the Field of Criminal Law Education.” From 1975-82 she was a criminal defense lawyer practicing in Seattle, Washington. In 1982 she joined the Center for Constitutional Rights in New York, litigating civil rights, criminal and international human rights cases. She was in private practice in New York from 1988-1992 and has been a full-time member of the Cardozo faculty since then. Prior to joining Clayman and Rosenberg, she was of counsel to Hinshaw & Culbertson, LLP, specializing in the law of lawyering.

Michael Virzi

is a Legal Writing Instructor at the University of South Carolina School of Law, where he co-developed and co-teaches Fundamentals of Law Practice and Professionalism. Before joining the USC faculty, he worked as an Assistant Disciplinary Counsel for the South Carolina Supreme Court, and he practiced business litigation prior to that. He has served on the South Carolina Bar's Ethics Advisory Committee for eight years, including 3 years as Committee Chair. He has published two articles and a book chapter on lawyer ethics, as well as numerous ethics advisory opinions. He routinely guest lectures at USC and the Charleston School of Law in the area of lawyer ethics. He also has a small side practice in lawyer grievance defense and regularly provides expert witness testimony in legal malpractice cases.