Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
Robert P.Deyling
Assistant General CounselAdministrative Office of the United States Courts
One Columbus Circle, NEWashington, D.C. 20544
Dear Mr. Deyling:
We write to express our deep concern with the exposure draft of Advisory Opinion
No. 117, recently issued by the Judicial Conference’s Code of Conduct Committee. We believe
the exposure draft conflicts with the Code of Conduct, misunderstands the Federalist Society,
applies a double standard, and leads to troubling consequences. The circumstances
surrounding the issuance of the exposure draft also raise serious questions about the
Committee’s internal procedures and transparency. We strongly urge the Committee to
withdraw the exposure draft.
Judges have long participated in and contributed to our robust legal community. The
Judicial Code of Conduct urges that judges “not become isolated from the society in which
[we] live[].”1 To that end, Canon 4 of the Code allows judges to serve as members—and even
officers—of “nonprofit organization[s] devoted to the law, the legal system, or the
administration of justice.”2 The commentary to Canon 4 “encourage[s]” judges to “contribute
to the law” through membership in “a bar association, judicial conference, or other
organization dedicated to the law,” including those focused on “revising substantive and
procedural law.” For good reason. We are all better served when judges expose themselves
to a wide array of legal ideas. And we would like to think that those organizations benefit
from having judges participate in them.
1 Canon 4 Commentary.2 Canon 4(A)(3). Moreover, Canon 4 authorizes judicial participation in community affairs more broadly: “A
judge may engage in extrajudicial activities, including law-related pursuits and civic, charitable, educational,
religious, social, financial, fiduciary, and governmental activities, and may speak, write, lecture, and teach on
both law-related and nonlegal subjects.”
March 18, 2020
Membership in the Federalist Society is wholly consistent with the Code. Until
recently, the Committee agreed. It previously recognized that members of the judiciary may
join the American Constitution Society and donate to the Federalist Society.3 Given these
prior opinions and the text of the Code, we are disturbed by the draft’s new position that
membership in the Federalist Society violates the Code.
The Committee offered a few reasons for its departure from the text and its long-held
understanding of the Code. First, the Federalist Society purportedly advocates for “factional”
policy positions rather than the “general improvement of the law.”4 Second, the mission of
the Federalist Society would cause the public to “view judges holding membership in [the
Society] to hold, advocate, and serve … conservative interests.”5 And third, although the
Federalist Society is not a “political organization,” membership “implicate[s] Canon 5’s broad
prohibition against political activity.”6 All of these arguments rest on a flawed understanding
of the Federalist Society and of the Code itself.
Take the claim that the Federalist Society advocates particular policies, rather than the
general improvement of the law. The draft fails to identify a single “policy position” taken by
the Federalist Society. That is because—to the best of our collective knowledge—the
Federalist Society has never, in its several decades of existence, lobbied a policymaking body,
filed an amicus brief, or otherwise advocated any policy change. We are at a loss to understand
how membership can be seen as “indirect advocacy”7 of the organization’s policy positions
when the organization itself takes no policy positions.
The most the Committee can say is that the Federalist Society “describes itself as ‘a
group of conservatives and libertarians dedicated to reforming the current legal order’” and
that it has “promoted appreciation for the ‘role of separation of powers; federalism; limited,
constitutional government; and the rule of law inprotecting individual freedom and traditional
3 Exposure Draft 4–5.4 Id. at 6–7.5 Id. at 7.6 Id.7 Id.
2
values.’”8 These broad, bedrock principles lie at the foundation of our American
constitutional order. Joining an organization that supports these principles simply cannot
prohibit judicial service. Adherence to these principles at most suggests partiality in favor of
the Constitution itself, which all judges must support and defend.
Moreover, the Committee has previously approved judicial membership in
organizations that advocate far more specific legal positions. For example, it has blessed
membership in the American Law Institute,9 which seeks to “clarify, modernize, and otherwise
improve the law.”10 The Institute pursues this goal by publishing restatements and model
codes, which advocate detailed changes to all aspects of the law. The Federalist Society’s
approach to reform is comparatively mild. Instead of taking specific legal or policy positions,
it facilitates open, informed, and robust debate. Indeed, anyone who attends a Federalist
Society event will encounter a diversity of views far exceeding that of many law schoolfaculties. Although not all of us are members of the Federalist Society, all of us who have
attended its events can attest to this. As the New York Times has reported, Federalist Society
events “scrupulously include liberals as well as conservatives.”11 Every current member of the
Supreme Court has participated in at least one Federalist Society event, as have hundreds of
current and former federal judges of all judicial philosophies. So have countless progressive
scholars and attorneys, including Jack Balkin, William Eskridge, Michael Gerhardt, Heather
Gerken, Neal Katyal, Reva Siegel, Geoffrey Stone, Nadine Strossen, and Laurence Tribe.12
Judicial membership in such organizations should be encouraged, not banned.
The Committee is wrong to term the activities of the Federalist Society as “political.”13
Canon 5 of the Code forbids judges from joining or contributing to any “political
organization,” but “does not prevent a judge from engaging in activities described in Canon
8 Exposure Draft 6 (quoting Federalist Society, Our Background, https://fedsoc.org/our-background).9 See Advisory Op. No. 93.10 American Law Institute, About ALI, https://www.ali.org/about-ali.11 Neil A. Lewis, A Conservative Legal Group Thrives in Bush’s Washington, New York Times (Apr. 18, 2001),https://www.nytimes.com/2001/04/18/us/a-conservative-legal-group-thrives-in-bush-s-washington.html.12 See generally Federalist Society, Contributors, https://fedsoc.org/contributors.13 Exposure Draft 7.
3
4.”14 To avoid any conflict with Canon 4, the commentary to Canon 5 narrowly defines a
“political organization” as “a political party, a group affiliated with a political party or candidate
for public office, or an entity whose principal purpose is to advocate for or against political
candidates or parties in connection with elections for public office.” Canon 5’s prohibition
plainly does not apply to a law-related organization like the Federalist Society. Accordingly,
Federalist Society programs cannot fairly be described as “political,” especially given the
diversity of views reflected by judicial and other participants.
The exposure draft’s conclusions also rest on a double standard. As the draft
acknowledges, the Federalist Society was formed as an alternative to the largest national
voluntary bar association, the American Bar Association. Yet the Committee opposes judicial
membership in the Federalist Society while permitting judicial membership in the ABA. This
disparate treatment is untenable.
For some time now, the ABA has taken “public and generally liberal positions on all
sorts of divisive issues.”15 What’s more, the ABA does so by directly advocating for particular
outcomes inparticular cases.16 Not long ago, the ABA submittedan amicus brief ina pending
Supreme Court case related to abortion.17 The ABA also filed amicus briefs in other
contentious cases like Masterpiece Cakeshop18 and Trump v. Hawaii.19 And before that, the ABA
weighed inon cases involving gender identity,20 affirmative action,21 same-sex marriage,22 and
14 Canon 5(C).15 Adam Liptak, Legal Group’s Neutrality Is Challenged, N.Y. Times (Mar. 30, 2009),https://www.nytimes.com/2009/03/31/us/31bar.html.16 See generally ABA, Amicus Library, https://www.americanbar.org/groups/committees/amicus/1998-present.17 Brief for the American Bar Association as Amicus Curiae Supporting Petitioners, June Med. Servs. L.L.C. v.Gee, 140 S. Ct. 35 (mem.) (2019) (No. 18-1323), 2019 WL 6524880.18 Brief for the American Bar Association as Amicus Curiae Supporting Respondents, Masterpiece Cakeshop,Ltd. v. Colo. Civil Rights Comm’n, 138 S. Ct. 1719 (2018) (No. 16-111), 2017 WL 5152968.19 Brief for the American Bar Association as Amicus Curiae Supporting Respondents, Trump v. Hawaii, 138 S.Ct. 2392 (2018) (No. 17-965), 2018 WL 1605656.20 Brief for the American Bar Association as Amicus Curiae Supporting Respondent, Gloucester Cty. Sch. Bd.
v. G.G. ex rel. Grimm, 137 S. Ct. 1239 (mem.) (2017) (No. 16-273), 2017 WL 894897.21 Brief for the American Bar Association as Amicus Curiae Supporting Respondents, Fisher v. Univ. of Texasat Austin, 136 S. Ct. 2198 (2016) (No. 14-981), 2015 WL 6754979.22 Brief for the American Bar Association as Amicus Curiae Supporting Petitioners, Obergefell v. Hodges, 135S. Ct. 2584 (2015) (Nos. 14-571, 14-574), 2015 WL 1045422.
4
the Second Amendment.23 In fact, over the last decade, the ABA has filed more than 100
amicus briefs in many of our nation’s most charged cases.24 The Federalist Society has not
filed even one. Likewise, the ABA routinely lobbies Congress,25 while the Federalist Society
does nothing of the sort.
Despite the ABA’s open political advocacy, and its support for specific outcomes in
pending cases, the Committee has blessed judicial membership in the ABA while banning
judicial membership in the Federalist Society. The explanation for this differential treatment?
The Committee says that the Federalist Society and the American Constitution Society are
different because “[a] reasonable and informed public would view judges holding membership
in these organizations to hold, advocate, and serve liberal or conservative interests.”26 But it
is strikingly inconsistent to prohibit membership in the Federalist Society because the public
might view it as conservative, while blessing membership in the ABA because the ABAconsiders itself non-partisan. To make matters worse, this double standard rests on a critically
flawed factual premise, for it is simply not true that the Federalist Society takes legal or policy
positions.
As this inconsistency shows, the Committee’s “evolving public perception” standard27
requires either discriminatory application or sweeping prohibitions. Neither option is
defensible. If this standard were limited to prohibit membership inonly one organization that
takes no legal, policy, or political positions—the Federalist Society—the Committee’s
approach would constitute rank discrimination based on its erroneous perception of a
Federalist Society viewpoint. On the other hand, if the “evolving public perception” standard
were fairly applied to all organizations that might take positions on one or another legal issue,
the consequences would be startling. Among other things, judges’ membership in specialty
bars, law school communities, and even churches would be called into question.
23 Brief for the American Bar Association as Amicus Curiae Supporting Petitioners, Dist. of Columbia v. Heller,554 U.S. 570 (2008) (No. 07-290), 2008 WL 136349.24 ABA, Amicus Library, https://www.americanbar.org/groups/committees/amicus/1998-present.25 Rhonda McMillion, 16 Success Stories for ABA Advocacy During the 115th Congress, ABA J. (Dec. 21, 2018),http://www.abajournal.com/news/article/top_aba_lobbying_successes_in_the_115th_congress.26 Exposure Draft 7.27 Id. at 12.
5
Consider specialty-bar associations. These associations provide networking and
mentoring opportunities for students, lawyers, and judges of various backgrounds. But they
often take policy positions and advocate for legal change.28 Likewise, many file amicus briefs
in charged Supreme Court cases.29 And if a “reasonable and informed public” could impute
to judicial members of the Federalist Society positions that the Society does not in fact take,
then it surely could also impute to judicial members of specialty-bar associations the various
positions that those organizations do officially take. Thus, under the Committee’s new
position, judges should not participate in specialty-bar groups.
Judicial involvement in law schools would fare no better. Many members of the
judiciary teach at law schools. Some are even tenured faculty. If the public comes to perceive
certain law schools as liberal or conservative, must judges resign their posts? Law schools
frequently litigate to advance specific legalpositions,either directly or throughfundedclinics.30
More broadly, they take policy positions on pending legislation,executive actions, and judicial
nominations.31 Under the exposure draft’s standard, it is difficult to see how judges could
continue to maintain any formal affiliation with these law schools.
The exposure draft’s “evolving public perception” standard could sweep in even
religious organizations as well. Surely judges can be members of their churches, temples, and
mosques; to suggest otherwise would raise serious constitutional questions under the No
28 For example, the Hispanic National Bar Association is “committed to advocacy on issues of importance tothe 58 million people of Hispanic heritage living in the U.S.” Hispanic Nat’l Bar Ass’n, About Us,
https://hnba.com/about-us/. The National LGBT Bar Association files amicus briefs and advocates for legalchanges at the state and national level. LGBT Bar, Advocacy, https://lgbtbar.org/programs/advocacy/. Andthe National Native American Bar Association frequently supports legislation. Nat’l Native Am. Bar Ass’n,
Resolutions, Letters of Support, and Other Initiatives, https://www.nativeamericanbar.org/initiatives-2/.29 See, e.g., Brief for Coalition of Bar Associations of Color (National Bar Association, Hispanic National BarAssociation, National Asian Pacific American Bar Association, and National Native American Bar Association)
as Amici Curiae Supporting Respondents, Fisher v. Univ. of Texas at Austin, 136 S. Ct. 2198 (2016) (No. 14-981), 2015 WL 6668478.30 See, e.g., Christian Legal Soc’y v. Martinez, 561U.S. 661 (2010); Rumsfeld v. Forum for Acad. & Inst. Rights,Inc., 547 U.S. 47 (2006); Grutter v. Bollinger, 539 U.S. 306 (2003); Thomas Kaplan, Yale Law, Newly Defeated,Allows Military Recruiters, N.Y. Times (Oct. 1, 2007), https://www.nytimes.com/2007/10/01/
nyregion/01yale.html; Yale Law Sch., Challenging the Refugee and Travel Ban (Feb. 1, 2017),https://law.yale.edu/yls-today/news/challenging-refugee-and-travel-ban. InFisher alone, over 70 colleges anduniversities participated as amici.31 See, e.g., Alexandra Chaidez & Aidan Ryan, Harvard Spent $600K Lobbying Congress in 2018, Harvard Crimson(Feb. 4, 2019), https://www.thecrimson.com/article/2019/2/4/Harvard-spends-600k-lobbying/.
6
Religious Test Clause and the First Amendment. But the Committee’s “evolving public
perception” test would prohibit membership in any church, temple, or mosque that takes a
“policy position” on contested issues of the day. And there are many religious organizations
that do that—on topics ranging from abortion, to capital punishment, to climate change. Why
can judges be members of some groups that take policy positions—like churches—but not
other groups that do not take policy positions—like the Federalist Society? Perhaps the
Committee would say that churches are not legal societies, but that distinction cannot be right.
Political rallies are not legal societies either. Yet the Canons and the Committee plainly
prohibit judicial participation in those.
In short, the “evolving public perception” standard could lead to the disqualification
of judges who participate in specialty bars, judges who teach, and judges of faith—to pick just
three obvious examples. Moreover, these judges would be disqualified not because they
violated their oath to decide cases impartially regardless of their individual backgrounds, and
not because they violated the text of the Code of Conduct, but only because “evolving public
perception” somehow demanded it. Such a standard finds no support in the text or structure
of the Code, or in past precedent interpreting it. The “evolving public perception” standard
should be abandoned.
Finally, the issuance of this exposure draft raises several procedural questions. Since
its inception, the federal judiciary has insisted that each judge on a collegial body may state his
or her individual views on the question presented. Yet reports suggest that no member of the
Committee was permitted to dissent, despite some members’ strong disagreement with the
exposure draft. Other reports suggest that at least one member of the Committee was barred
from voting on the draft. And the Committee’s reversal of its prior, settled interpretation—
without any relevant change in the Code—raises further concerns.
We cannot know what has gone on behind closed doors, so we take no position on the
propriety of what has or has not occurred within the Committee. But we do believe that the
Committee’s procedures raise pressing questions. If the Committee adheres to its opinion, we
think that it is obligated to address the following issues:
7
* * *
Some of us are appellate judges, some of us are trial judges, and some of us serve on
specialized courts. Some of us are membersof the Federalist Society, andsome of us are not.
Some of us regularly speak at Federalist Society events, some of us do so occasionally, and
some of us have never done so. We serve jurisdictions spanning the United States and hold
different views on many legal topics. But today, we are in firm agreement about one thing:
The Committee should withdraw Draft Advisory Opinion No.117.
• Was the Committee unanimous in its support of this policy? If not, howmany members dissented, and what were their reasons?
• Were members of the Committee allowed to note and explain their dissents?Ifnot, why not? Does any regulation of the Judicial Conference authorizethe suppression of dissent?
• Are any members of the Committee also members of the ABA? If so, didthese members recuse themselves from working and voting on the exposuredraft?
• What specific circumstances justify the Committee’s overruling of its prior,settled position that the Code permitted judicial membership in the ACS?
Sincerely,
GREGORY G.KATSAS
U.S. Court of Appeals for the District of Columbia Circuit
S.A NDREW O LDHAM
U.S.CourtofAppealsfortheFifthCircuit
.W ILLIAM
U.S.Courtof Appealsfor theEleventhCircuit
AMUL R.THAPAR
U.S. Court of Appeals for the Sixth Circuit
AA LAN LBRIGHT
U.S.DistrictCourtfor theWesternDistrictofTexas
ROY K.ALTMAN
U.S. District Court for the Southern District of Florida
H.P RYORJ R
8
-MR AÚL ARXUACH
U.S.DistrictCourtfor theDistrictofPuertoRico
MORRIS S. ARNOLD
U.S. Court of Appeals for the Eighth Circuit
W.B ARRY A SHE
U.S.DistrictCourtfor theEasternDistrictofLouisiana
ANNEMARIE AXON
U.S. District Court for the Northern District of Alabama
S.B RIDGET B ADE
U.S.CourtofAppealsfortheNinthCircuit
BR.S TAN AKER
U.S.DistrictCourtfor theSouthernDistrictofGeorgia
BOBBY R.BALDOCK
U.S. Court of Appeals for the Tenth Circuit
BT HOMAS ARBER
U.S.DistrictCourtfor theMiddleDistrictof Florida
J. CAMPBELL BARKER
U.S. District Court for the Eastern District of Texas
BA MY ARRETT
U.S.CourtofAppealsfortheSeventhCircuit
ALICE M.BATCHELDER
U.S. Court of Appeals for the Sixth Circuit
BC ARLOS EA
U.S.CourtofAppealsfortheNinthCircuit
KENNETH D.BELL
U.S. District Court for the Western District of North Carolina
ROGER T.BENITEZ
U.S. District Court for the Southern District of California
C ONEY
M.A RIAS
T IBURCIO
9
BM ARK ENNETT
U.S.CourtofAppealsfortheNinthCircuit
DUANE BENTON
U.S. Court of Appeals for the Eighth Circuit
W.W ENDY B ERGER
U.S.DistrictCourtfor theMiddleDistrictof Florida
JOSEPH F. BIANCO
U.S. Court of Appeals for the Second Circuit
BS TEPHANOSIBAS
U.S.CourtofAppealsfortheThirdCircuit
J. P. B OULEE
U.S. District Court for the Northern District of Georgia
DUDLEY H.BOWEN
U.S. District Court for the Southern District of Georgia
C.D AVID B RAMLETTE
U.S.DistrictCourtfor theSouthernDistrictof Mississippi
ELIZABETH L.BRANCH
U.S. Court of Appeals for the Eleventh Circuit
BA NDREW RASHER
U.S.DistrictCourtfor theMiddleDistrictof Alabama
MICHAEL B.BRENNAN
U.S. Court of Appeals for the Seventh Circuit
A.D ANIEL B RESS
U.S.CourtofAppealsfortheNinthCircuit
SUSAN BRNOVICH
U.S. District Court for the District of Arizona
JOHN W.BROOMES
U.S. District Court for the District of Kansas
L YNN
10
BA DA ROWN
U.S.DistrictCourtfor theNorthernDistrictofTexas
JEFFREY VINCENT BROWN
U.S. District Court for the Southern District of Texas
L.M ICHAEL B ROWN
U.S.DistrictCourtfor theNorthernDistrictofGeorgia
BRIAN C. BUESCHER
U.S. District Court for the District of Nebraska
J.P ATRICK B UMATAY
U.S.CourtofAppealsfortheNinthCircuit
BD AVID UNNING
U.S.DistrictCourtfor theEasternDistrictofKentucky
LILES C.BURKE
U.S. District Court for the Northern District of Alabama
BL ARRY URNS
U.S.DistrictCourtfor theSouthernDistrictof California
JOHN K.BUSH
U.S. Court of Appeals for the Sixth Circuit
S.J AY B YBEE
U.S.CourtofAppealsfortheNinthCircuit
JOSÉ A. CABRANES
U.S. Court of Appeals for the Second Circuit
CONSUELO M.CALLAHAN
U.S. Court of Appeals for the Ninth Circuit
CE D ARNES
U.S.CourtofAppealsfortheEleventhCircuit
JULIE E.CARNES
U.S. Court of Appeals for the Eleventh Circuit
A LAN
11
IIIJ OEL
U.S.Courtof Appealsfor theTenthCircuit
JENNIFER CHOE-GROVES
U.S. Court of International Trade
R.S TEPHEN C LARK
U.S.DistrictCourtfor theEasternDistrictofMissouri
ROBERT H. CLELAND
U.S. District Court for the Eastern District of Michigan
CE DITH LEMENT
U.S.CourtofAppealsfortheFifthCircuit
M.B RIAN C OGAN
U.S.DistrictCourtfor theEasternDistrictofNewYork
DANIEL P.COLLINS
U.S. Court of Appeals for the Ninth Circuit
F.C OLM C ONNOLLY
U.S.DistrictCourtfor theDistrictofDelaware
ROBERT J. CONRAD JR.
U.S. District Court for the Western District of North Carolina
CL.S COTT OOGLER
U.S.DistrictCourtfor theNorthernDistrictofAlabama
CLIFTON L.CORKER
U.S. District Court for the Eastern District of Tennessee
CD AVID OUNTS
U.S.DistrictCourtfor theWesternDistrictofTexas
JAMES C. DEVER III
U.S. District Court for the Eastern District of North Carolina
DANIEL D.DOMENICO
U.S. District Court for the District of Colorado
M.C ARSON
B ROWN
12
F.J OEL D UBINA
U.S.CourtofAppealsfortheEleventhCircuit
STUART KYLE DUNCAN
U.S. Court of Appeals for the Fifth Circuit
H.A LLISON E ID
U.S.CourtofAppealsfortheTenthCircuit
KURT D.ENGELHARDT
U.S. Court of Appeals for the Fifth Circuit
IIIC HARLES
U.S.DistrictCourtfor the SouthernDistrictof Texas
.J OSEPH
U.S.Courtof AppealsforVeteransClaims
MARTINFELDMAN
U.S. District Court for the Eastern District of Louisiana
FD.T HOMAS ERRARO
U.S.MagistrateJudgefor theDistrictofArizona
D.MICHAEL FISHER
U.S. Court of Appeals for the Third Circuit
E.J AMES G ATES
U.S.MagistrateJudgefor theEasternDistrictof NorthCarolina
DOUGLAS H. GINSBURG
U.S. Court of Appeals for the District of Columbia Circuit
L.J AMES G RAHAM
U.S.DistrictCourtfor theSouthernDistrictofOhio
BRITT C. GRANT
U.S. Court of Appeals for the Eleventh Circuit
L.STEVENGRASZ
U.S. Court of Appeals for the Eighth Circuit
L.F ALVEY
R.E SKRIDGE
, J R
13
GR ICHARD RIFFIN
U.S.CourtofAppealsfortheSixthCircuit
STEVEN D. GRIMBERG
U.S. District Court for the Northern District of Georgia
W.R AYMOND G RUENDER
U.S.CourtofAppealsfortheEighthCircuit
RALPH B.GUY JR.
U.S. Court of Appeals for the Sixth Circuit
HJ. R ANDAL ALL
U.S.DistrictCourtfor theSouthernDistrictofGeorgia
M.P HILIP H ALPERN
U.S.DistrictCourtfor theSouthernDistrictofNewYork
THOMAS M.HARDIMAN
U.S. Court of Appeals for the Third Circuit
Q.W ILLIAM H AYES
U.S.DistrictCourtfor theSouthernDistrictof California
KAREN LECRAFT HENDERSON
U.S. Court of Appeals for the District of Columbia Circuit
HJ AMES ENDRIX
U.S.DistrictCourtfor theNorthernDistrictofTexas
JAMES C. HO
U.S. Court of Appeals for the Fifth Circuit
HW M . T ERRELLODGES
U.S.DistrictCourtfortheMiddleDistrictofFlorida
RYAN T. HOLTE
U.S. Court of Federal Claims
JOSEPH M.HOOD
U.S. District Court for the Eastern District of Kentucky
W ESLEY
A LLEN
14
J.M ALCOLM H OWARD
U.S.DistrictCourtfor theEasternDistrictofNorthCarolina
FRANK M. HULL
U.S. Court of Appeals for the Eleventh Circuit
J.D ANIELLE H UNSAKER
U.S.CourtofAppealsfortheNinthCircuit
SANDRA IKUTA
U.S. Court of Appeals for the Ninth Circuit
JD ENNISACOBS
U.S.CourtofAppealsfortheSecondCircuit
JE DITH ONES
U.S.CourtofAppealsfortheFifthCircuit
KENT A. JORDAN
U.S. Court of Appeals for the Third Circuit
D.S EAN J ORDAN
U.S.DistrictCourtfor theEasternDistrictofTexas
WILLIAM F.JUNG
U.S. District Court for the Middle District of Florida
J.M ATTHEW K ACSMARYK
U.S.DistrictCourtfor theNorthernDistrictofTexas
PAUL J. KELLY JR.
U.S. Court of Appeals for the Tenth Circuit
F.C HAD K ENNEY
U.S.DistrictCourtfor theEasternDistrictofPennsylvania
JEREMY D.KERNODLE
U.S. District Court for the Eastern District of Texas
RAYMOND M.KETHLEDGE
U.S. Court of Appeals for the Sixth Circuit
H OLLAN
15
J.A NDREW K LEINFELD
U.S.CourtofAppealsfortheNinthCircuit
CHERYL ANN KRAUSE
U.S. Court of Appeals for the Third Circuit
R.E DWARD K ORMAN
U.S.DistrictCourtfor theEasternDistrictofNewYork
BARBARA LAGOA
U.S. Court of Appeals for the Eleventh Circuit
C.R OYCE L AMBERTH
U.S.DistrictCourtfor theDistrictofColumbia
LD OMINICANZA
U.S.DistrictCourtfor theDistrictofArizona
JOAN LARSEN
U.S. Court of Appeals for the Sixth Circuit
LK ENNETH EE
U.S.CourtofAppealsfortheNinthCircuit
RICHARD J. LEON
U.S. District Court for the District of Columbia
T.M ICHAEL L IBURDI
U.S.DistrictCourtfor theDistrictofArizona
STEPHEN N. LIMBAUGH, JR.
U.S. District Court for the Eastern District of Missouri
J.R OBERT L UCK
U.S.CourtofAppealsfortheEleventhCircuit
GREGORY E. MAGGS
U.S. Court of Appeals for the Armed Forces
PAUL L.MALONEY
U.S. District Court for the Western District of Michigan
K IYUL
16
A.D ANIEL M ANION
U.S.CourtofAppealsfortheSeventhCircuit
STANLEY MARCUS
U.S. Court of Appeals for the Eleventh Circuit
B.P AUL M ATEY
U.S.CourtofAppealsfortheThirdCircuit
COREY L.MAZE
U.S. District Court for the Northern District of Alabama
FT REVOR ADDEN
U.S.DistrictCourtfor theDistrictofColumbia
W.M ATTHEW M C F ARLAND
U.S.DistrictCourtfortheSouthernDistrictofOhio
DAVID W. MCKEAGUE
U.S. Court of Appeals for the Sixth Circuit
R.T ERRY M EANS
U.S.DistrictCourtfor theNorthernDistrictofTexas
ERICF. MELGREN
U.S. District Court for the District of Kansas
J.S TEVEN M ENASHI
U.S.CourtofAppealsfortheSecondCircuit
STEVEN D. MERRYDAY
U.S. District Court for the Middle District of Florida
MK IMBERLY OORE
U.S.CourtofAppealsfortheFederalCircuit
WILLIAM T. MOORE, JR.
U.S. District Court for the Southern District of Georgia
FEDERICO A.MORENO
U.S. District Court for the Southern District of Florida
N.M C
17
MM ICHAEL OSMAN
U.S.DistrictCourtfor theDistrictofOregon
GRAHAM C. MULLEN
U.S. District Court for the Western District of North Carolina
ME RIC URPHY
U.S.CourtofAppealsfortheSixthCircuit
RICHARD E. MYERS II
U.S. District Court for the Eastern District of North Carolina
B.J OHN N ALBANDIAN
U.S.CourtofAppealsfortheSixthCircuit
J.W ILLIAM N ARDINI
U.S.CourtofAppealsfortheSecondCircuit
GLORIA M.NAVARRO
U.S. District Court for the District of Nevada
D.R YAN N ELSON
U.S.CourtofAppealsfortheNinthCircuit
KEVIN NEWSOM
U.S. Court of Appeals for the Eleventh Circuit
J.C ARL N ICHOLS
U.S.DistrictCourtfor theDistrictofColumbia
HOWARD C. NIELSON, JR.
U.S. District Court for the District of Utah
,R OBERT II
U.S.MagistrateJudgefor the EasternDistrictof NorthCarolina
REED O’CONNOR
U.S. District Court for the Northern District of Texas
DIARMUID F. O’SCANNLAIN
U.S. Court of Appeals for the Ninth Circuit
T. N UMBERS
18
M.M ARTHA P ACOLD
U.S.DistrictCourtfor theNorthernDistrictofIllinois
GERALD J. PAPPERT
U.S. District Court for the Eastern District of Pennsylvania
H.M ICHAEL P ARK
U.S.CourtofAppealsfortheSecondCircuit
KEITH A. PESTO
U.S. Magistrate Judge for the Western District of Pennsylvania
J.P ETER P HIPPS
U.S.CourtofAppealsfortheThirdCircuit
E.S ARAH P ITLYK
U.S.DistrictCourtfor theEasternDistrictofMissouri
MARK T.PITTMAN
U.S. District Court for the Northern District of Texas
J.D AVID P ORTER
U.S.CourtofAppealsfortheThirdCircuit
GENE E.K.PRATTER
U.S. District Court for the Eastern District of Pennsylvania
A.L ORETTA P RESKA
U.S.DistrictCourtfor theSouthernDistrictofNewYork
R. DAVID PROCTOR
U.S. District Court for the Northern District of Alabama
PS HARONROST
U.S.CourtofAppealsfortheFederalCircuit
A. RAYMOND RANDOLPH
U.S. Court of Appeals for the District of Columbia Circuit
NEOMIRAO
U.S. Court of Appeals for the District of Columbia Circuit
19
,W ILLIAM II
U.S.DistrictCourtfor the NorthernDistrictof Georgia
CHAD READLER
U.S. Court of Appeals for the Sixth Circuit
C.D ANNY R EEVES
U.S.DistrictCourtfor theEasternDistrictofKentucky
JULIUS N.RICHARDSON
U.S. Court of Appeals for the Fourth Circuit
.F ERNANDO
U.S.DistrictCourtfor the SouthernDistrictof Texas
M.E LENI R OUMEL
U.S.CourtofFederalClaims
LEE RUDOFSKY
U.S. District Court for the Eastern District of Arkansas
IIR ODOLFO
U.S.DistrictCourtfor the SouthernDistrictof Florida
ALLISON J. RUSHING
U.S. Court of Appeals for the Fourth Circuit
J.A RTHUR S CHWAB
U.S.DistrictCourtfor theWesternDistrictofPennsylvania
MICHAEL Y. SCUDDER
U.S. Court of Appeals for the Seventh Circuit
C.S TEVEN S EEGER
U.S.DistrictCourtfor theNorthernDistrictofIllinois
DAVID B.SENTELLE
U.S. Court of Appeals for the District of Columbia Circuit
LAURENCE H.SILBERMAN
U.S. Court of Appeals for the District of Columbia Circuit
M.R AY
A. R UIZ
R ODRIGUEZJ R
20
,E UGENE J R .
U.S. Court of Appeals for the Sixth Circuit
CHARLES R.SIMPSON III
U.S. District Court for the Western District of Kentucky
SR AAG INGHAL
U.S.DistrictCourtfor theSouthernDistrictofFlorida
JERRY E. SMITH
U.S. Court of Appeals for the Fifth Circuit
,M ILAN J R .
U.S. Court of Appeals for the Ninth Circuit
SB RANTLEYTARR
U.S.DistrictCourtfor theNorthernDistrictofTexas
WILLIAM S. STICKMAN IV
U.S. District Court for the Western District of Pennsylvania
R.D AVID S TRAS
U.S.CourtofAppealsfortheEighthCircuit
RICHARD F. SUHRHEINRICH
U.S. Court of Appeals for the Sixth Circuit
J.R ICHARD S ULLIVAN
U.S.CourtofAppealsfortheSecondCircuit
RICHARD C. TALLMAN
U.S. Court of Appeals for the Ninth Circuit
A.D AVID T APP
U.S.CourtofFederalClaims
HOLLY TEETER
U.S. District Court for the District of Kansas
JAMES A.TEILBORG
U.S. District Court for the District of Arizona
D.S MITH
E.S ILER
21
B.G ERALD T JOFLAT
U.S.CourtofAppealsfortheEleventhCircuit
JOSEPH L. TOTH
U.S. Court of Appeals for Veterans Claims
J.M ICHAEL T RUNCALE
U.S.DistrictCourtfor theEasternDistrictofTexas
TIMOTHY M. TYMKOVICH
U.S. Court of Appeals for the Tenth Circuit
UP ATRICK RDA
U.S.TaxCourt
TG REGORY ATENHOVE
U.S.DistrictCourtfor theEasternDistrictofKentucky
LAWRENCE VANDYKE
U.S. Court of Appeals for the Ninth Circuit
L.R ICHARD V OORHEES
U.S.DistrictCourtfor theWesternDistrictofNorthCarolina
JUSTIN WALKER
U.S. District Court for the Western District of Kentucky
.J OHN
U.S.Courtof Appealsfor theSecondCircuit
HENRY R. WILHOIT, JR.
U.S. District Court for the Eastern District of Kentucky
WW.K EITH ATKINS
U.S.DistrictCourtfor theMiddleDistrictof Alabama
T. KENT WETHERELL, II
U.S. District Court for the Northern District of Florida
J. HARVIE WILKINSON III
U.S. Court of Appeals for the Fourth Circuit
M.W ALKER
F.V AN
J R
22
R.D ON W ILLETT
U.S.CourtofAppealsfortheFifthCircuit
STEPHEN F. WILLIAMS
U.S. Court of Appeals for the District of Columbia Circuit
WA LLEN INSOR
U.S.DistrictCourtfor theNorthernDistrictofFlorida
VICTOR J. WOLSKI
U.S. Court of Federal Claims
D.J OSHUA W OLSON
U.S.DistrictCourtfor theEasternDistrictofPennsylvania
WL ISA OOD
U.S.DistrictCourtfor theSouthernDistrictofGeorgia
SUSAN WEBBER WRIGHT
U.S. District Court for the Eastern District of Arkansas
WP ATRICK YRICK
U.S.DistrictCourtfor theWesternDistrictofOklahoma
G ODBEY
23