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Programs and Resources for Judges
New district judges are invited to attend two one-week programs produced by the Center. In Phase I, two experienced district judges serve as mentors and lead discussions built around a series of in-person and recorded scenarios. The Center also invites appellate judges new to the federal bench to attend the Phase I program.
The Phase I program employs an interactive, skills-based learning approach. By the end of Phase I, seminar participants should be able to
- Identify ethical issues implicating the judicial codes of conduct and contact appropriate committee members for guidance
- Identify various methods of conducting voir dire and assess the pros and cons of each method
- Organize civil and criminal dockets to manage caseloads efficiently
- Spot issues in cases that make the cases more likely to settle
- Understand how to run a criminal trial, including how to address criminal pretrial motions
- Understand the workings of a federal prison, including the role of the Bureau of Prisons (BOP)
- Make evidentiary decisions with greater confidence, having completed several mock exercises
- Make sentencing determinations using the United States Sentencing Guidelines, having participated in several mock scenarios
- Identify circumstances implicating judicial security issues and respond appropriately
The Phase II orientation program brings together several Phase I classes of district judges with less than one year on the bench. The program covers, among other topics, case management, federal jurisdiction, sentencing, civil rights law, habeas corpus, employment law, media relations, and ethics.
The Center sends each new district judge with no previous federal judicial experience (i.e., the judge is not a sitting magistrate judge) a set of selected publications that can be added to chambers or bench reference materials.
New bankruptcy judges are invited to attend two one-week programs produced by the Center. The initial, Phase I, orientation program invites experienced bankruptcy judges to serve as mentors and lead discussions built around a series of videotaped lectures. Topics include each of the bankruptcy chapters, discharge and dischargeability, case management, and evidence. This four-day program is offered as needed during the year and is attended by bankruptcy judges with less than six months on the bench.
The Phase II orientation program is attended by several Phase I classes of bankruptcy judges with less than eighteen months on the bench. Participants analyze the decision-making process, in theory and in practice; study the role of judges; assess case-management styles; consider key ethical dilemmas confronted by new judges; rule on simulated evidentiary issues; and examine best writing practices.
The Center sends each new bankruptcy judge a set of selected publications that can be added to chambers or bench reference materials.
The Center invites newly designated U.S. magistrate judges to attend a two-phase orientation consisting of two one-week programs. In Phase I, experienced magistrate judges serve as mentors and lead discussions built around criminal and civil case scenarios and hypothetical examples.
As a result of this program, participants are able to
- Describe the fundamentals of criminal pretrial in the federal courts managed primarily by magistrate judges, including complaints, arrest warrants, search warrants, pretrial services, appointment of counsel, initial appearances, pretrial release or detention, release with conditions, preliminary hearings, and removal hearings
- Describe the elements of pretrial proceedings in civil cases, including preliminary motions and discovery matters
- Identify ethical issues implicating the judicial codes of conduct and contact appropriate committee members for guidance
- Identify different methods of alternative dispute resolution that may be available to parties and identify the elements of a settlement conference, including opening statements, facilitating discussion, evaluating the progress of the conference, ethical considerations, and closing
- Develop tools to bridge the transition from lawyer to judge and explore their own judicial identity
- Use technology to manage caseloads efficiently
The Phase II program is attended by judges from several Phase I classes who have less than a year on the bench. Topics include more in-depth criminal and civil case management, habeas corpus, pro se litigation, social security, Section 1983 and qualified immunity, employment law, and ethics.
The Center sends each new magistrate judge a set of selected publications that can be added to chambers or bench reference materials.
The Center invites new court of appeals judges to a two-day seminar, which is led by experienced appellate judges and which covers chambers and case management, judicial ethics, opinion writing and editing, wellness, and using information technology.
The Center sponsors new U.S. court of appeals judges’ attendance at an orientation program for state and federal appellate judges at New York University School of Law. Topics in this six-day program include oral argument, conferencing and collegiality, styles of judicial reasoning, the process of decision making, and opinion writing.
Appellate judges who are new to the federal bench are also invited to attend Phase I of the Center’s Orientation for New U.S. District Judges.
The Center sends each new appellate judge with no previous federal judicial experience (i.e., the judge is not a sitting district judge) a set of selected publications that can be added to chambers or bench reference materials.
Workshops for appellate and district judges of individual circuits are planned by the Circuit Judicial Education Planning Committees in consultation with the Federal Judicial Center. Emphasis is placed on topics of particular interest to judges of the circuit. In 2017, workshops will be hosted for judges of the Second, Fourth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits. The Center hosts national workshops for U.S. district judges in alternate years.
This program features sessions on topics of particular interest to U.S. bankruptcy judges. In 2017, plenary sessions address evidence and trial skills; judicial ethics; financial fragility in the middle class; and an update on Supreme Court cases of significance to bankruptcy judges. Participants may choose among the following concurrent sessions:
- Business law update
- Consumer law update
- Discovery and e-discovery
- Mental health issues in bankruptcy
- Recognizing and responding to the problems of LLCs in bankruptcy
- Seeing things a new way (using art to improve visual perception)
- Specialized uses of technology (multiple sessions)
- Trial skills practice.
Small-group discussion sessions include the following topics:
- Getting feedback
- Handling Chapter 9 cases
- Handling Chapter 11 cases
- Handling challenging parties
- Law and literature
- Special concerns of new judges.
This program features sessions on topics of particular interest to U.S. magistrate judges, including civil litigation, criminal procedure, and ethics. Instruction is offered in both plenary and breakout session formats. Many session topics and materials for this workshop are prepared in response to requests or recommendations from current U.S. magistrate judges.
After participating in plenary and breakout sessions at this program, individual judges will be able to do the following:
- Identify and critically analyze the constitutional and civil liberties implications of the use of drones by law enforcement, the issuance of warrants pursuant to the All Writs Act, searches of personal information surrendered voluntarily or involuntarily merely by using commercial technology (e.g., rental cars, navigation and infotainment systems), and remotely issued warrants
- Identify and critically analyze the impact on judges of implicit bias, mindfulness, physical and mental stressors, and emotional equanimity
- Employ helpful tips on finding an excellent law clerk; maximize cybersecurity; conduct a Fair Labor Standards Act case; writing more effectively; successfully facilitating mediation sessions; overcoming obstacles encountered in the use of courtroom, chambers, and personal technology; effectively design and deliver jury instructions; and obtain available IT hardware and software for a more efficient chambers and/or courtroom and obtain help from peers in learning how to use these hardware and software tools
- Prepare for retirement from the bench or transition to recall status and identify ethical (and other) concerns arising from retirement
- Identify and implement foundational provisions of the Bail Reform Act and distinguish the different but complementary roles of judge and pretrial services officer in the pretrial release and detention decision
- Critically analyze different models of reentry and other problem-solving courts and their functionality
- Identify experienced peer experts in such subjects as the Fair Labor Standards Act, court-related technology, pretrial release and detention, the federal pretrial risk assessment instrument (PTRA), addiction, court computer systems, remote warrant protocols, and other subjects of interest to magistrate judges.
This program is conducted every three years and brings together court of appeals judges from across the country. The Center’s Appellate Judge Education Advisory Committee works closely with Center staff to plan sessions that are substantive and timely. In 2017, the symposium includes the following sessions: A New Supreme Court; Judging, Fast and Slow; Civil Discourse Past and Future; Ethics in Judicial Decision Making; and Legacy of Courage: The Rule of Law in the Civil Rights Era.
The Center offers a variety of small seminars designed to provide an in-depth look at a topic of particular interest to judges. Faculty members are experts in their fields and share the latest research and current understanding of the topic. In 2017, the Center will offer the following special focus programs:
Antitrust Law and Economics Institute—This program is a collaboration between the Federal Judicial Center, the Antitrust Section of the American Bar Association, the University of Chicago, and the University of California, Berkeley. It focuses on antitrust law and economics fundamentals. During this seminar, judges discuss market definition, market power, competitive effects, horizontal restraints, vertical restraints, and unilateral conduct. They consider those topics in the context of various procedural issues, including pleading an antitrust case post-Twombly; antitrust injury; class certification; and the use of experts at class certification, during damages analysis, and throughout trial. Judges also focus on issues at the intersection of antitrust law and intellectual property law, as well as the law and economics of merger enforcement.
The Constitution and the Administrative State: The Separation of Powers and the Appropriate Role of Government in Society—Cosponsored with the National Constitution Center, this seminar focuses on the constitutional implications of the development of the administrative state since the time of the New Deal. Participants analyze the history of the New Deal and the growth of the administrative state in the twentieth century, consider the impact of these developments on constitutional interpretation, and explore the broader social consequences of differing interpretations of the relationship between the Constitution and the administrative state.
Employment Law Seminar—The New York University School of Law’s Institute of Judicial Administration and Center for Labor and Employment Law cosponsor this seminar with the Federal Judicial Center. Participating judges become better equipped to identify and resolve issues that arise in employment law litigation, including issues related to the use of experts, electronic discovery, case management, retaliation, implicit bias, “big data,” and the role of the whistle blower. The judges also examine the elements of employment discrimination claims; consider the application of the American Law Institute’s Restatement of Employment Law; evaluate the merits of different remedies available in cases presenting claims of discrimination on the basis of age, disability, gender, and race; and discuss best practices for crafting and delivering jury instructions.
Faculty Development Seminar—Many of the presenters and facilitators at Center programs for judges are judges themselves. To prepare them for this faculty role, the Center invites judges to explore and experiment with adult learning theory and interactive teaching techniques. After participating in demonstrations on the power of facilitative teaching, judges work with their own subject matter to implement the techniques they have learned.
Intellectual Property in the New Technological Age—Cosponsored with the Berkeley Center for Law and Technology, this seminar addresses such topics as patent law basics (prosecution, requirements for patentability, infringement, defenses, and remedies); patent case management; copyright basics; trademark basics (trademark dilution, trade dress protection, trademark issues in cyberspace); and emerging issues in intellectual property law.
Intensive Case Management Seminar—Judicial faculty, in consultation with the Federal Judicial Center, designed this workshop for Article III judges. Judges attending this program have the opportunity to deepen their understanding of the role of active listening, issue spotting, and problem solving in active case management; practice techniques for engaging parties in a dialogue about the amount of discovery reasonably needed to resolve litigation; study exemplary case-management protocols, forms, and procedures from around the country; apply management theory to chambers management; and practice mediation skills.
Law and Biosciences Seminar—Developed in cooperation with Stanford Law School and its Center for Law and the Biosciences, this seminar examines genetics and neuroscience in a variety of contexts. Participants learn to identify key societal and ethical issues raised by rapid advances in science and genetics; apply key legal developments at the intersection of intellectual property law and biotechnology to future case decisions; relate challenges and promises in assisted reproduction; and recognize key issues in genetic testing, counseling, and privacy that might arise in future litigation.
Law and Neuroscience Seminar—This seminar is cosponsored with the American Academy for the Advancement of Science. It gives judges the opportunity to learn about developments in neuroscience and better understand the role that neuroscience can play in legal determinations, such as decisions about criminal culpability and the admissibility of evidence.
Law and Society Seminar—Cosponsored with Harvard Law School, this seminar examines social issues that affect the law and considers how those issues may influence the role of judging in society. Planned sessions address intellectual property, constitutional law, Supreme Court jurisprudence, managing partisan perceptions in disputes, and the impact of changes in technology on the law.
Nature and Practice of Civil Discourse Symposium—This intensive one-day symposium highlights the federal judiciary as a model for civil discourse, that is, the reasoned and respectful discussion of differences. Participants, many of whom also serve as faculty, include judges, educators, journalists, elected officials, and community leaders. In addition to discussing the rationale for and value of a civil discourse model, participants examine the role of relationships, notions of respect and personal influence, challenges encountered, and the skills and attributes required for engaging in civil discourse. By working through realistic case studies in small-group sessions, participants practice strategies and behaviors for engaging in civil discourse.
This seminar addresses the use of evidence-based decision making about pretrial release or detention. Pretrial Decision Making for Magistrate Judges is offered in tandem with a program on pretrial risk assessment offered by the Administrative Office of the U.S. Courts (AO). The AO presentation examines the nature and use of the validated federal pretrial risk assessment instrument, which is used by most district pretrial services offices.
The program includes opportunities for scenario-based experiential learning and interactive discussions among judges, pretrial services experts, and faculty. Participants are encouraged to raise questions about issues of specific interest to their districts.
The curriculum focuses on three major themes:
- The Bail Reform Act of 1984 is constructed upon the constitutional presumption that defendants are innocent until proven guilty and are entitled to pretrial release, absent certain facts; the Act also enumerates specific factors that U.S. magistrate judges must consider in rendering pretrial release and detention decisions.
- Risk is inherent in every release decision, and even well-reasoned decisions can have adverse outcomes. U.S. probation and pretrial services officers have an evidence-based risk assessment tool that is used by most of the nation’s pretrial services professionals and is an integral part of many pretrial investigations.
- Probation and pretrial services officers are a valuable resource provided by the courts to help magistrate judges identify the risks posed by defendants and to fashion appropriate release conditions to address identified risks.
This program will be offered six times in 2017.