THE Quarterly Journal Chattanooga chapter of the federal bar association

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INSIDE THIS ISSUE Rule of the Day Page 2

Labor Payne/Notices Page 3

Judge Collier: Reflection of Integrity Pages 4‐7

Talented Tenth/Clerk’s Luncheon Page 8

Message from President/Upcoming Events Page 9

Clerk’s Corner: Bankruptcy Tips Page 7

Volume 1, Issue 3 July 2012

By Thomas C. Greenholtz

PRESIDENTIAL WAR POWERS:

ASSASSINATIONS OF AMERICAN CITIZENS ABROAD Throughout the summer and fall of this year, we will complete the quadrennial ritual of selecting our President for the next four years. As in years past, the campaigns are focused on issues related to the economy, jobs, taxes, healthcare, and an ever‐increasing host of less relevant issues. In this process, though, we rarely focus on the scope of the President’s constitutional authority.

For example, Article II, section 2 of the Constitution confers upon the President the title of Commander‐in‐Chief, and places under his or her command the military forces of the United States. Apart from this passing reference, the Constitution says little about what it means to be the “Commander‐in‐Chief,” and we do not discuss its meaning much today. During ratification, Alexander Hamilton noted that the position of Commander‐in‐Chief amounted to “nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy.” This limitation is partially explained by the desire to ensure that Congress remained preeminent in the war‐making process. Early Supreme Court opinions also reflected this limited view of presidential authority in the absence of expressed congressional authorization. In one case relating to the enforcement of a non‐intercourse act with France, the Court denied inherent presidential authority to seize a ship coming from a French port when Congress had only authorized the seizure of vessels traveling to a French port. Expressions of limited presidential authority sound naïve to modern ears, and they would be unrecognizable to many of our Founders. As America’s might has grown, and its role across the globe has changed, presidents have used the Commander‐in‐Chief Clause, the obligation to “take care” to see faithful execution of the laws, and even the presidential oath, as bases for markedly increasing the power of the executive branch. However, this expansion has occurred without change to the Constitution’s language and largely without any substantive debate outside of academia.

We saw one troubling aspect of this expansion in late 2011. Last fall, an American citizen abroad was assassinated after the President determined that the citizen was aiding a terrorist organization with ties to Al Qaeda. We later learned that the Administration has used predator drones to target and kill at least two other citizens.

The deliberate killing of American citizens is defended with citation to the constitutional powers mentioned above and to Congress’s 2001 authorization for the use of “all necessary and appropriate force” against members of Al Qaeda. However, the killing of American citizens has occurred far from a combat zone, and it is based only upon a presidential determination of necessity without judicial process or the citizen’s opportunity to defend against that determination. Although the Fifth Amendment forbids depriving a person of life without due process of law, this protection is argued not to apply to an alleged terrorist in the same way that it would apply to an “ordinary criminal.” That said, the Administration refuses to identify how it determines who may be targeted and killed, or how those standards are

satisfied. Reasonable people can debate the public policy merits of such a policy, but the constitutional issues are rarely discussed. Perhaps these issues are too complicated, or maybe it is that we generally lack familiarity with the topic. Whatever the reason, though, these issues deserve debate worthy of our aspiration “to form a more perfect Union.”

As America’s might has grown, and its role across the globe has changed, presidents

have used the Commander‐in‐Chief

Clause, the obligation to “take care” to see

faithful execution of the laws, and even the presidential oath, as bases for markedly

increasing the power of the executive branch.

By Tom C. Greenholtz

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The statements and opinions expressed in the following article are solely those of Katharine Gardner, personally.

Without a good confidentiality order, discovery will some‐times grind to a screeching halt. Reasonably, I think, no one wants to give anyone confidential information unless there is an ironclad promise to keep secret matters secret. But agreed confidentiality orders, also called agreed protective orders or stipulated protective orders, can be problematic when parties try to control what is and isn’t filed in the public court record. I offer some thoughts to the civil prac‐titioner on preparing an agreed confidentiality or‐der that will not run afoul of the court’s local rules and the First Amendment, yet still offer some mechanism for parties to request that appropriate material be filed under seal.

Parties can agree to keep confidential among them‐selves anything they want to keep confidential. Parties CANNOT agree between themselves that confidential material will be filed under seal; that’s the court’s sole prov‐ince. A redaction of information from a filing in the public record is treated as filing that information under seal. See generally, E.D. TN L.R. 26.2(b).

The public has a First Amendment right of access to the court record. Public access to trials and the court record provide an important outlet for community concern, provide a check on the courts, and promote true and accurate fact‐finding. Brown & Williamson Tobacco Corp. v. FTC, 710 F.2d 1165, 1177‐1181 (6th Cir. 1983). There are two categories of excep‐tions to the right of public access: 1) the need to keep dignity in the court and 2) certain content based exceptions. Id. at 1179. Content based exceptions include a defendant’s right to a fair trial, trade secrets, national security, and certain pri‐vacy rights of participants and third parties. Id.

I have yet to see a motion to file materials under seal in Chat‐tanooga in order to protect national security. Most com‐monly, parties seek to protect trade secrets and confidential business information. Courts also tend to be especially con‐cerned with protecting the privacy of minors. Pursuant to Local Rule 26.2(b), a party must show the court good cause before any materials can be filed under seal in the court re‐cord. Local Rule 26.2(b) provides in relevant part:

Court Records or portions thereof shall not be placed under seal unless and except to the extent that the person seeking the sealing thereof shall have first ob‐tained, for good cause shown, an order of the Court specifying those Court Records, categories of Court Records, or portions thereof which shall be placed un‐der seal…. Unless the Court orders otherwise, the par‐ties shall file with the Court redacted versions of any

Court Record where only a portion thereof is to be placed under seal.

This brings us back to the agreed confidentiality order. How do parties ensure there is a procedure in place to seek leave to file under seal confidential materials exchanged during

discovery? Previously, parties put a provision in their agreed confidentiality order that anything designated confidential would be filed under seal. After having had many such confidentiality orders rejected by the court, the local bar now knows to seek permission. One current trend is to place a provision in the confidentiality order which requires the party filing confidential materials to move for leave to file the same under seal. Unfortunately, the party moving for leave to file under seal often is not the party that designated the materials as confi‐dential in the first place; the moving party is there‐fore unable to properly support the motion. In‐stead, motions are filed asking to place materials under seal because they have been designated as

confidential under the agreed confidentiality order. This sec‐ond approach is simply a restatement of the first.

One way parties have successfully dealt with the issue of pro‐tecting confidential materials is to include a provision in the agreed confidentiality order requiring a specified number of days notice in the event a party intends to file confidential materials in the court record. After notice is given, any inter‐ested party may move to file the confidential materials under seal.

A motion to file materials under seal should be well sup‐ported. In the case of a trade secret or confidential business information, it is generally not enough to allege the com‐pany’s ability to compete in the open market would be harmed if its competitors had access to the confidential mate‐rials. At the very least, such a statement should be supported with an affidavit from someone within the company who is in a position to know about such matters.

The actual mechanics of how to electronically file a motion for leave to file confidential materials under seal are found in Rule 12 of the Electronic Case Filing Rules and Procedures. Follow the steps under Rule 12, and the materials sought to be sealed will remain sealed while the court considers the motion. If the motion to file under seal is denied, the confi‐dential materials will be deleted from the court record. If the motion to seal is granted, then the confidential materials will remain under seal in the court record. Take note of the last sentence of Rule 26.2(b); if only portions of a filing are under seal, then a redacted version should be filed in the public court record. The local rules for the U.S. District Court for the Eastern District of Tennessee and the Electronic Case Filing Rules and Procedures can be found at www.tned.uscourts.gov under the “Attorney” tab.

RULE OF THE DAY BY KATHARINE GARDNER

Parties cannot

agree between

themselves that

confidential

material will be

filed under seal;

that’s the court’s

sole province.

LABOR PAYNE BY WILLIAM H. PAYNE IV

The Geek Strikes Out?

It might surprise you to know that the 19th century definition

of the word, “geek,” is ‘one who bites the heads off live chick‐

ens.’ Why do I know this? I’m not sure, but according to Payne

family folklore, I gamely offered this gem of unsolicited erudi‐

tion at Sunday dinner in response to my Grandmother’s third

and final warning to eat my peas, or else.

Though I was only about nine years old, I apparently under‐

stood one of the basic tenets of argumentation: rhetoric need

not have any context‐specific meaning to achieve a goal. In‐

deed, my vaguely disturbing and impenetrable factoid caused

our matriarch to lose her cool, declare the lot of us to be non‐

pea‐eating reprobates, and order a clearing of the table. The

geeks triumphed as peas tumbled down the disposal.

And so it is, because I have gotten permission to present my‐

self for oral argument at the Sixth Circuit for the first time in

my nascent career, I am getting an exciting opportunity but

also a type of comeuppance. It will not be my job to stun my

audience into submission with eclectic Mad Libs; rather, it will

be my job to jump over rhetorical hurdles to achieve a rational

outcome for my client without getting paralyzed in the proc‐

ess.

Now, I can get prepared for all sorts of difficult questions, but

there is one question that is especially difficult for a baby law‐

yer to fathom: “Tell me, Labor Payne, why do you think the

judge got it wrong?” Why, indeed? What is a greenhorn prac‐

titioner to say about the keen eye of a jurist with decades of

superior legal experience, and life experience to boot?

It’s not an easy question, and as a result, an academic cottage

industry has grown up around the subject of what‐was‐this‐

judge‐thinking‐about from a socio‐psycho‐politico‐cultural‐

existential standpoint. Will this sort of thing assist the baby

lawyer? English Professor Stanley Fish offers a fine anecdote

to explain why not:

In 1985, Baltimore Orioles’ pitcher Dennis Martinez was inter‐

viewed by a journalist after the journalist observed him speak‐

ing with his manager, Earl Weaver, before a game with the

Yankees. Sensing a story, the journalist asked Martinez what

words of wisdom the great Weaver had imparted, Martinez

replied, “He said, ‘Throw strikes and keep ‘em off the bases’ . .

.and I said, ‘O.K.”

Cont’d on page 7

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Blackshear Fellowship Opportunities For Minority Bankruptcy Lawyers

The Chapter would like to congratulate

its Immediate Past President Tonya

Kennedy Cammon, who was recently

appointed to serve as one of two Vice

Presidents for the Sixth Circuit for the

Federal Bar

As so c i a t i o n .

Tonya has been a

dedicated servant

for the FBA for

many years, and

we appreciate her

continued work.

The National Conference of Bankruptcy Judges is now accepting applications for its Honorable Cornelius Blackshear Presidential Fellowships for minority lawyers who practice bankruptcy law. Visit the link below for information about Judge Black‐shear, the Fellowship criteria, the application form, and other information about the program: www.ncbj.org/BlackshearFellowship.aspx. The fellowship program provides both a waived conference registration ($900 value) and a stipend for reasonable travel/hotel expenses for five up‐and‐coming minority bankruptcy practitioners (with less than 10 years' experience) who wish to attend the annual conference of the National Conference of Bankruptcy Judges and who otherwise meet the selection criteria. This year's conference will be held October 24‐27 in San Diego at the Marriott Marquis. To view this year's conference agenda, go to www.ncbj.org/documents/2012_BROCHURE.pdf. APPLICATION DEADLINE IS JULY 20, 2012.

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The Chattanooga Chapter, in partnership with the The Historical Society for the Eastern District of Tennessee and the Brock/Cooper Inn of the American Inns of Court, endeavored to cultivate and capture the oral history of Chief Judge Curtis L. Collier to celebrate his success as Chief Judge for the Eastern District of Tennessee. In a three‐hour interview, Judge Collier entertained and heartened chapter members with his inspiring and miraculous stories of his life experiences and his thoughts on the present and future of the District. The DVD of this oral history project will be available upon request. Special thanks to Barry Cammon of Advanced Video Solutions, LLC, Tonya Kennedy Cammon, and Katharine Gardner for their contributions to this project.

grasp. Judge Collier has tried to remember that lesson and its import

throughout his life.

As one of nine children born to Lenzora

BY DONNA J. MIKEL

“I grew up in a time and place that no longer exists,” are the

words Chief Judge Curtis L. Collier uses to describe his inspir‐

ing childhood. Although many of the aspects of his past that

no longer exist are better off having withered, it is indeed

that very journey that has marked and molded the character

of this trailblazer. As he passes on the torch of Chief Judge

this October, the FBA celebrates Judge Collier’s past and fu‐

ture, as well as the accomplishments he has brought to this

District.

One fond memory Judge Collier related of being raised in Lee

County, Arkansas, which had a population of about 4,500

predominantly black residents, was of Anna Mae Pascall

Strong, the Principal of Robert R. Moton School. In one of

her weekly convocations at the then‐segregated school, she

narrated a story of two men abandoned at sea. The story had

originally been shared by Booker T. Washington in a speech

given at the Atlanta Cotton States and International Exposi‐

tion, and Ms. Strong may have learned of it while attending

the Tuskegee Institute. According to the anecdote, when

nearby sailors yelled from afar that the men should drop their

buckets and drink the sea water, they were certain it would

kill them.

What they did not know was that, at the mouth of the Ama‐

zon, the river created a fresh water spring in the Ocean, and

they were surrounded by an abundance of fresh water. Had

they only realized it, everything they needed was within their

THIS PHOTO HAS BEEN REMOVED FROM THE DIGITAL VERSION

THIS PHOTO HAS BEEN RE-

THIS PHOTO HAS BEEN REMOVED FROM THE DIGITAL VERSION

and Lucille Collier, in the Delta during Segregation, it must have

been challenging to see the fresh water at times. To boot, Judge

Collier also grappled during childhood with a speech

impediment that caused him to struggle with shyness and

sensitivity. He began working at the age of ten as a “water boy”

in the cotton fields and eventually worked picking and chopping

cotton himself.

After realizing that picking cotton was not his calling in life (his

most impressive yield was only 176 pounds, which he classifies

as “sorry”), Judge Collier found a thirst for learning and focused

on his education as a way to pave the way to a future with more

security. At a time when, according to Judge Collier, most

educated blacks were pursuing careers in teaching, Judge Collier

developed a fondness and acuity for science and math.

In part due to a contest with several close friends, Judge Collier’s

hard work paid off. Notwithstanding one “B” earned in the fifth

grade, he held an impressive 4.0 GPA throughout most of his

education and graduated valedictorian of his class of 176.

Judge Collier, whose father had a high school education and

whose mother earned a tenth grade education, began to explore

college opportunities. His science‐related activities opened up a

door for him to attend a college program at Tougaloo College, in

Jackson, Mississippi in 1966, following his junior year in high

school. It was during that summer experience that Judge Collier,

for the first time, disobeyed his parents.

When the opportunity arose for Judge Collier to participate in

the March Against Fear organized by James Meredith and

concluded by Dr. Martin Luther King, Jr. in June of 1966, Judge

Collier, contrary to the instruction of his parents, participated.

Although he was somewhat surprised at the small stature of Dr.

King’s physical size, he was impressed by his leadership and the

guest list—which included Sammy Davis, Jr. and Charlton

Heston.

From that point on, doors began to open for Judge Collier.

Following in the footsteps of two high school and Sunday school

mates, his journey led him to Tennessee State University in

Nashville. Judge Collier continued his academic excellence and

ultimately graduated with honors, earning a bachelor’s degree in

chemistry in 1971.

During his adventure at Tennessee State, Judge Collier held

various temporary jobs, including a stint working to encourage

voter turnout and one summer as a research intern at Proctor &

Gamble in Cincinnati. He also signed up for the ROTC program,

which was required of all male students at Tennessee State.

Turns out it was a good requirement—a commitment to the Air

Force provided him with the resources to complete his

education.

The internship in a research lab showed Judge Collier that such a career would mean isolation. He learned from a friend that the background in chemistry and mathematics, however, would make him marketable in other fields, and Judge Collier decided to pursue a career as a patent lawyer. He chose Duke University School of Law and graduated in 1974.

Not one for ceremony (having skipped his graduation exercises at Duke and desiring to do so at Tennessee State), Judge Collier similarly planned to pass on any formal admission ceremony when he passed the bar. His parents, however, would have none of it. They escorted him to the Arkansas Supreme Court in Little Rock and watched with great pride as he was sworn in as an attorney.

Judge Collier’s success at Duke University School of Law would have been more than sufficient to open the doors for him as a patent lawyer; but, his path took a different turn during his military service as a member of the United States Air Force Judge Advocate General’s Department. While stationed at Clark Air Base at Luzon Island in the Philippines, he discovered a love for litigation. During that time, he tried 25 to 30 jury trials and was mentored by JAG attorney, Mike Weems. Judge Collier admired Weems because, rather than aggressively dominating a witness or Defendant, Weems would “try an intellectual case and corner the witness, step by step.”

After a transfer to Beale Air Force Base outside of San Francisco

and after his litigation opportunities in JAG gave way to more

administrative work, Judge Collier changed gears. He looked for

other career choices which would allow him to do the litigation

he enjoyed. He joined the United States Attorney’s Office in

New Orleans and began a successful career prosecuting white

collar criminal cases, first, as an Assistant United States Attorney

and, later, as Deputy Chief of the Criminal Division of the office

in New Orleans.

In 1987, Judge Collier had the opportunity to assume a

management position in Chattanooga with the United States

Attorney’s Office.

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Following several years in the Scenic City, Judge Collier, at the

suggestion of others, first considered pursuing an open federal

judgeship. Among his supporters was a young female attorney

named Susan K. Lee, who encouraged him to pursue the ap‐

pointment. Little did either know that they would one day serve

on the bench together.

“Early on I did not see myself as

fitting the image,” Judge Collier ad‐

mits, in describing his early resis‐

tance to the idea. Of course, any

initial reluctance all became history

once Judge Collier was nominated

and confirmed in 1995.

What is his image of what a federal district judge should be?

According to Judge Collier, “the principle duty of a federal judge

is to be an image of the law that reflects character, integrity,

intellect, fairness, compassion, and conscientiousness.” When

one listens to Judge Collier speak about the law, it is clear that

his life and character are embodiments of those attributes.

Although Judge Collier grew up in a time and place that have

since passed, there are some aspects of the church‐focused

community in which he was raised that he wishes were more

prominent in modern times. “Development of a strong work

ethic; willingness to work one’s way up and the humility to per‐

form any job required; patience and perseverance; and under‐

standing that immediate gratification is not always possible, or

even positive—those attributes could benefit today’s youth,”

according to Judge Collier. While performing the most challeng‐

ing aspect of his job—the 182 sentences that he hands down per

year—one can imagine that Judge Collier wishes many of those

lessons had been learned by others.

Judge Collier was sworn in as Chief United States District Court

Judge for the Eastern District of Tennessee in 2005. When de‐

scribing the leadership style for which he strives, Judge Collier

sums it up by pointing to the lessons learned by the blunders of

General Braxton Bragg. “A leader must have a vision into which

everyone else is invested.” Unlike General Bragg, Judge Collier

has earned the support of his staff and colleagues.

It is due to that vision and wisdom that Judge Collier has served up major accomplishments in this district during his tenure as Chief Judge. The tangible contributions include the standout 2008 Sixth Circuit Judicial Conference, for which the district served as host to approximately 700 members. Judge Collier

was instrumental in ensuring the placement of the Joel W. Solo‐mon Courthouse on the judicial plan for a new courthouse. He also worked tediously to consolidate pretrial services with the probation office. The head of that office, Chief Probation Officer Tony Anderson, was hired during Judge Collier’s tenure as Chief

Judge. And, most recently, Judge Collier spearheaded the hiring of Debra Poplin of Knoxville as the new Clerk of Court for the Eastern District of Tennessee. The intangible contributions are of equal import. During his time as chief, Judge Collier has endeavored to unify the court practices in each division so that the individual branches function as one team.

One achievement that will be experienced by many practitioners

is Judge Collier’s implementation of the “paperless courtroom.”

Paper exhibits and documents will no longer be handled by ju‐

rors while deliberating a verdict in Judge Collier’s Court. Rather,

all documents and exhibits are stored in electronic format and

are studied on a computer screen in the jury room.

With these successes come future challenges for new chief

Judge Varlan. According to Judge Collier, the primary difficulty

at present is the crippling federal government budget crisis. The

funding cuts currently proposed will dramatically impact the

operations and personnel of the court. At present Congress has

proposed a 10% across‐the‐board cut. As described by Judge

Collier, “We do not have programs from which these resources

can be taken. The effects of these cuts will be shouldered by

our greatest resource—our people.”

Aside from his continued dedication to this district and its future

challenges, Judge Collier intends to gradually enjoy increased

time with his two grandchildren. Along with photographs of his

wife, Cheryl, his impressive chambers are adorned with photos

of one‐year‐old A.J. and six‐year‐old Julianna.

In addition to family photographs and memorabilia from the

military and from Duke, his chambers also hold an impressive

collection of historical literature. An admirer of the lessons of

history, works on George Washington, John Marshall, Abraham

Lincoln, Thurgood Marshall, Clarence Thomas, and the Revolu‐

tionary and Civil War overflow his bookshelves. His library is

symbolic of the sharp contrast between the life he has forged

and the circumstances from which he was raised.

“The principle duty of a federal judge is

to be an image of the law that reflects

character, integrity, intellect, fairness,

compassion, and conscientiousness.”

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His journey was launched from the challenges of being born a

young man with a speech impediment who was not permitted

to enter a public library or own school books because of his

race. Rather than drowning in a sea of challenges, Judge Collier

found the fresh water flowing around him and rose to attain one

of the highest honors and offices envisioned by our forefathers.

Although Judge Collier’s role as Chief Judge is passing on to an‐other, his contributions will not be forgotten. Nor will the pow‐erful lessons one can learn from his journey and his wisdom.

THE CLERK’S

CORNER ——---------Tips for Bankruptcy Practice-------——-

Labor Payne, Cont’d

In Professor Fish’s opinion, this humorous interchange illustrates

the great disconnect between theory and practice: while the

world speculates on the judicial thought process, judges are

simply trying to “throw strikes.” Judges make rulings based upon

instinct and pragmatism, and the accompanying legal opinion is

a rhetorical ceremony for enabling an outcome and not a win‐

dow into the judge’s soul.

I see Fish’s point; however, it seems to send me right me back to

my ‘geek’ days again. Judges decide on an outcome and then

choose whatever rhetoric is necessary to effectuate it? That

sounds a lot like making a ‘geek’ proclamation to avoid eating

your peas. I have to give words, and the judges that use them

well, more credit than that. This geek wants to grow up. It’s

easy to start seeing legal language as ceremonial nonsense, but

it’s also a self‐fulfilling prophecy. Like the physicists who be‐

lieved in the Higgs boson, I have to believe that some rhetoric

gains more mass than other rhetoric even if I don’t know exactly

how it happens.

Why did the judge get it wrong? He or she chose the wrong words to justify an outcome. Even the most inexperienced law‐yer is entitled to that argument. Now, however, I have to find the right words . . .

When an attorney hires new staff, they should be encouraged to attend a bankruptcy ECF training class.

Use full names on petitions (first,

middle, last, suffix). If the debtor has

only a middle initial, use a period.

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N e v e r l i n k a proposed order to itself. Link it to the motion (or a p p l i c a t i o n , objection to claim, etc.) that it resolves or to which it relates.

When making announcements to the Court, please first pro-vide the hearing number from the Court calendar along with the debtor’s name and allow the Court sufficient time to locate the case.

When filing reaffirmation agreements, please ensure that they are signed by both parties, include the debtor’s supporting statement, and show that the debtor can afford to make payments or explain why it would not impose an undue hardship. Do not attach or sign the motion to approve the agreement if the attorney’s certification is signed.

Educate your staff on the use of proper bankruptcy vocabu-lary, such as the difference between a case, a contested matter, and an ad-versary proceeding.

An order sustaining an objection to a claim should “disallow” the claim, not “strike” it.

Proposed orders will become an order of the Court. Do not include a certificate of service or language that does not belong in a Court order.

TALENTED TENTH LEADERSHIP PROGRAM

Tennessee Court of Appeals Judge John W.

McClarty with Derelle Roshell and D’Angelo

Foster

Katharine Gardner and Program Director

Mason West III, joined by Jessica Cummings,

Tekira Ezell and Breanna Glenn

Dr. Paul Smith, Derelle Roshell, D’Angelo Fos‐

ter, Tekira Ezell, Breanna Glenn, Jessica Cum‐

mings, and Mason West, III

The Chattanooga Chapter of the FBA proudly continues its co‐sponsorship of the Talented Tenth Leadership Program, hosted by

Howard High School. Students participating recently attended the Chattanooga Bar Association’s Law Day Luncheon.

8

SUPPORT THE FEDERAL JUDICIARY

The annual cost of living adjustment mechanisms for judges established under the Ethics Reform Act has not operated as intended. Since 1992, the pay of most federal workers has increased by 91 percent, while in‐flation has increased by 36%. However, judicial pay has fallen way behind, increasing by only 39 percent over this time. The repeated denials of the COLAs in 1994, 1995, 1996, 1997, 1999, 2007, and 2010 have created major and growing financial losses for judges: a district court judge on the bench since 1993 failed to receive a total of $283,100 in statutorily authorized but denied pay. As a result, there is significant concern that good, experienced judges are leaving the bench.

To assist in championing for appropriate pay for our federal judiciary, please contact your local congress‐man. Contact information for Chuck Fleischmann, 3rd Congressional District Representative, may be found at https://fleischmann.house.gov/contact‐me. If you are in the 4th Congressional District, contact information for Representative Scott DesJarlais is available at http://desjarlais.house.gov/Contact/. For more infor‐mation, please see insert to this Issue.

Source: www.uscourts.gov/JudgesAndJudgeships/JudicialCompensation/JudicialPayIncreaseFact.aspx

THE CHAPTER AND THE COURT

INVEST IN THE FUTURE LEGAL

COMMUNITY

ANNUAL LAW CLERK LUNCHEON

JUNE 22, 2012

L‐R: Georgetown Law 2L Jessica Ornsby, UT Knoxville 3L Elyse Nida,

The Honorable Curtis L. Collier, Emory Law 3L William Hudson

MESSAGE FROM THE CHAPTER PRESIDENT

F B A - C h a t t a n o o ga C h a p t e r

The Chattanooga Chapter has been in high gear this past quarter, focusing on its efforts with the Talented Tenth Leadership Program, which has now concluded its inaugural year. We are gear‐ing up for our next signature event—Constitution Day, which is set for September 14, 2012. For this activity, the Chapter and the Court work together to educate students about the history of the Constitution and their rights. If you would like to volunteer to help with this activity, please contact Gary Henry at 756‐5171.

Although we are excited about this year’s progress, the Chapter is also concerned about issues currently facing the Court, as outlined in the insert to this Issue. We urge our members to be proactive in working to support the Eastern District of Tennessee. We ask you to contact your local congressional representatives to plead for an increase in judicial pay. Likewise, please lobby to lessen the impact that the federal budget cuts will have on our court professionals. We are permitted to advocate for the Court in ways it cannot, and maintaining the current level of funding will preserve the service and efficiency upon which we have come to rely from the Court. By Christopher T. Varner

Journal Editor/Committee Chair: Donna J. Mikel

Journal Committee: Katharine Gardner, Tonya Kennedy Cammon,

William H. Payne, IV

Layout/Design Coordinator: Amber Mikel

Chattanooga Chapter President: Christopher T. Varner

President‐Elect: Katharine Gardner

Treasurer: Gary Henry

Secretary: D. Aaron Love

Immediate Past President: Tonya Kennedy Cammon

Board of Governors: The Hon. Shelley D. Rucker, Michael K. Alston,

Donna J. Mikel, Robert D. Philyaw

Judicial Liaison: The Hon. Susan K. Lee

Court Liaison: John L. Medearis

CLE Committee Chair: Kevin D. Hudson

Social Committee Chair: Jeffrey S. Matukewicz

Membership Chair: William C. Carriger

A LOOK

AHEAD

In our October Issue we are excited to feature material by distinguished University of

Tennessee Professor of Law Judy M. Cornett. She has been published in the William &

Mary Journal of Women and the Law, and the Tennessee and Cincinnati law reviews

and is a member of the Modern Language Association, the American Society for Eight‐

eenth‐Century Studies, and the American Society for Legal History. She served on the

Tennessee Supreme Court Commission on Gender Fairness and as co‐chair of the Ten‐

nessee Supreme Court Committee to Implement the Recommendations of the Racial

and Ethnic Fairness Commission and the Gender Fairness Commission.

WE ARE ON THE WEB:

www.fedbar.org/chattanooga

UPCOMING EVENTS

September 3

September 14

October 8

Labor Day

Constitution Day

Columbus Day

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THE QUARTERLY JOURNAL

711 CHERRY STREET

CHATTANOOGA, TN 37402

ATTN: JOURNAL EDITOR

THE Quarterly Journal Chattanooga chapter of the federal bar association

July 2012 Volume 1, Issue 3

F O R M O R E I N F O R M A T I O N A B O U T T H E CHATTANOOGA CHAPTER OF THE FBA, TO BECOME A MEMBER, OR TO RENEW YOUR FBA MEMBERSHIP, CONTACT CHATTANOOGAFBA@GMAIL.COM.

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