Ninth Circuit/Federal Judicial Center

Mid-Winter Workshop

Workshop Program
October 23, 2018

Sunday, January 27, 2019

6:00 p.m. – 9:30 p.m. Group Event: Welcome to the 2019 Mid-Winter Workshop
Buffet Dinner & Movie Night

Movie: Abacus: Small Enough to Jail

Moderator: Hon. Lucy H. Koh, District Judge, CAN

Speakers: Steve James, Director

Chanterelle Sung
Vera Sung

Program Description: Nominated for an Academy Award for Best Documentary Feature in
2018, Abacus: Small Enough to Jail tells the saga of the Chinese immigrant Sung family, owners of
Abacus Federal Savings of Chinatown, New York. Accused of mortgage fraud by Manhattan District
Attorney Cyrus R. Vance, Jr., Abacus is the only U.S. bank to face criminal charges in the wake of the
2008 financial crisis. The Sung family defends themselves and their bank’s legacy in the Chinatown
community from an indictment through trial over the course of a five-year legal battle.

The showing of the film will be followed by a question and answer session with the film's director
Steve James, Director of Hoop Dreams, and two members of the Sung family, Chanterelle and Vera
Sung. Chanterelle Sung was a prosecutor in the Manhattan District Attorney's Office at the time of
the investigation. Vera Sung is the closing attorney for and Director of Abacus.

Monday, January 28, 2019

Plenary Sessions

8:45 a.m. – 10:15 a.m. How Adversary Nations Can Erode Public Trust in America’s Judiciary

Program Description: Through information operations and malicious cyber activity,

adversaries are targeting America's justice system. Russia's attack on democracy did not begin or end
with the 2016 election. The late-Senator John McCain, in February of this year, warned that “Putin’s
regime launched cyberattacks and spread disinformation with the goal of sowing chaos and
weakening faith in our institutions.” Putin understands that the idea of a system built on the rule of
law and justice delivered by a fair and impartial judiciary is a critical pillar of democracy and one of its
greatest strengths. There is plenty of evidence that Putin is targeting our justice system and the rule
of law as part of his larger propaganda campaign to weaken us and to convince his own population
and others that U.S. democracy isn’t all it’s cracked up to be. As in the 2016 elections, information
operations can be enabled through malicious cyber activity, such as accessing and exposing
unflattering communications, altering data such as release orders or even draft decisions, or simply
demonstrating that courts can be hacked. Other countries also target the courts with cyber activity,
which threatens to further undermine public confidence in the competence of the judiciary. This
panel will discuss the threat from adversary nations to public trust in the judiciary.

Moderator: Hon. Jeremy D. Fogel, Executive Director,

Berkeley Judicial Institute, University of California,
Berkeley, School of Law

Speakers: Elizabeth Rindskopf-Parker, Dean Emerita, University of the

Pacific, McGeorge School of Law; Former Executive Director, The State
Bar of California
Harvey Rishikof, Chair, ABA Advisory Committee, Standing Committee
on Law and National Security; Visiting Law Professor,
Temple Law School
Suzanne E. Spaulding, Senior Advisor, International Security Program,
and Director, Defending Democratic Institutions Project, Center for
Strategic and International Studies; Former Under Secretary at the
Department of Homeland Security

10:15 a.m. Break

10:30 a.m. – 12:00 p.m. Power in the Workplace

This session will address the power imbalance inherent in the judiciary’s
work environment and propose skills for responding to difficult
situations and uncomfortable conversations.

Speakers: Hon. Cathy Ann Bencivengo, District Judge, CAS

Hon. Jeremy D. Fogel, Executive Director, Berkeley Judicial Institute,
University of California, Berkeley, School of Law
Professor Joan Williams, UC Hastings College of the Law

An interactive session involving small group discussions.

12:00 p.m. – 1:30 p.m. Lunch and Keynote Address

Controversies Regarding Confederate Monuments
 Introduction: Hon. Marsha S. Pechman, Senior District Judge, WAW

Speaker: Jeffery Robinson, ACLU Deputy Legal Director and Director of

the Trone Center for Justice and Equality

Monuments and symbols are important in every culture. Do the

Confederate flag and monuments to Confederate heroes reflect our
culture and pride or something much uglier? Are the current day
explanations of the meaning of the flag and the monuments the same
explanations used at the time the flag and the monuments were
created? This presentation will look at the historical context of the
creation of the Confederate flag and monuments, including information
that is not generally taught in American schools.

Breakout Sessions

1:45 p.m. – 3:15 p.m. Cyber Hygiene: Simple Tips for Protecting Yourself, Your Court,
and the Judiciary
This session is a roundtable that includes the presenters from the first
morning plenary session plus experts from the AO's Red Team and the
Ninth Circuit's IT Committee.

The first morning plenary session described just how bad cyber threats
are for individual judges, their courts, and the judiciary as a whole. This
roundtable will focus on simple things judges can do to protect
themselves, including when traveling abroad. Individual judges'
precautionary measures will protect their courts and the entire
judiciary.

1:45 p.m. – 3:15 p.m. Who We Are with Jeffery Robinson

Breakout Session
Mr. Robinson will lead a discussion regarding the untaught history of
race in America, using a presentation and film clips from the
forthcoming documentary “Who We Are: A Chronicle of Racism in
America.”

3:15 p.m. Break/on your own

3:30 p.m. -- 5:15 p.m. Yoga/Meditation

Refresh Your Body and Your Mind
Facilitator: Susan Alexander
 A series of mental and physical exercises that can be practiced in
chambers to refresh your body and your mind after a long session on
the bench. No special attire or equipment required,
Led by yoga and meditation instructor Susan Alexander,
susanalexanderyoga.com

Tuesday, January 29, 2019

Plenary Sessions

8:30 a.m. --- 10:00 a.m. The Care of Gender Non-Conforming and Transgender Individuals
As transgender visibility intensifies, it is critical that professionals across
multiple specialties are equipped with a basic understanding of language, cultural competency,
available medical and surgical interventions, and trajectories of development for this vulnerable
population. This workshop will cover the basics of the gender lexicon, medical and surgical
interventions, and a brief review of the research regarding such interventions. The overarching theme
of this workshop is to help participants gain understanding of what it means to be navigating a world
that creates significant mental, medical, educational, legal and employment disparities for
transgender individuals.
Introduction: Hon. Marsha S. Pechman, Senior District Judge, WAW
Speakers: Johanna Olson, MD, Medical Director, Center for Transyouth
Health and Development, Children’s Hospital Los Angeles
Aydin Olson-Kennedy, Licensed Clinical Social Worker and Executive
Director, Los Angeles Gender Center

10:00 a.m. – 10:15 a.m. Break

10:15 a.m. – 11:45 a.m. Free Speech Values: Campuses, New Technologies and Polarization

This distinguished, eclectic panel will examine free speech broadly and
philosophically, exploring implications of contemporary developments
on campus and off. It will address cross-currents at work in society on
a number of levels that raise First Amendment questions and consider
whether shifting views may take the law as we know it in new directions
and how quickly. Panelists also will discuss the particular context of
speech cases involving controversial speech, offensive and hate speech,
"triggering speech," and online speech.

Moderator: David F. Levi, Levi Family Professor of Law and Judicial

Studies and Director of the Bolch Judicial Institute, Duke Law School
 Speakers: Erwin Chemerinsky, Dean, Jesse Choper Distinguished
Professor Law, University of California, Berkeley, School of Law
Cindy Cohn, Executive Director, Electronic Frontier Foundation
Paul Grewal, Vice President and Deputy General Counsel, FaceBook
Robert Post, Sterling Professor of Law, Yale Law School

11:45 a.m. – 12:00 p.m. Break

BREAKOUT SESSIONS

12:00 p.m. – 1:30 p.m. Restoration Hardware: The Nuts and Bolts of Obtaining Timely
Assessment and Restoration Services with Limited Resources

The need for timely competency, restoration and dangerousness

assessment services is acute, but the BOP budget allocates no increase
in such resources for the foreseeable future. Expert roundtable
discussion panelists, including Dr. Leslie Wheat, Director of Butner's
Psychology Services, Noelle B. Douglas, Chief for the Marshal Service's
Liaison Office for JPATS (Justice Prisoner and Alien Transportation
System), and Susan Anderson an experienced Assistant Federal Public
Defender from the District of Arizona, will help Judges understand and
explore:

1. Different programs and services provided in competency and

dangerousness assessments and restoration;
2. Proposed pilot programs and new strategies to increase efficiency
with present resources;
3. What judges should and should not do to operate efficiently within
the current system;
4. The rights of the defendant that must be met despite the limitations
that may currently exist.

Speakers: Susan E. Anderson, Assistant Federal Public Defender, AZ

Noelle B. Douglas, Chief for United States Marshal Service,
Justice Prisoner and Alien Transport System Liaison Office
Leslie Wheat, Ph.D., Chief of Psychology Services, FCC Butner

12:00 p.m. – 1:30 p.m. Supporting Courtroom Opportunities for New Attorneys

The diminishing number of jury trials and changing economics of law

firms often make it difficult for young lawyers to get out from under
stacks of office work. Judges around the country are growing
 increasingly aware of the importance of encouraging more appearances
in court for young lawyers. This discussion will focus on current
strategies judges and districts throughout the Ninth Circuit are using to
enable others to determine if similar options can be implemented in
their courts.

Moderator: Hon. Yvonne Gonzalez Rogers, District Judge, CAN

Speakers: Hon. Allison Claire, Magistrate Judge, CAE
Karen Beretsky, Pro Se Civil Rights Law Clerk / Pro Bono
Panel Administrator, U.S. District Court, CAS

1:15 p.m. – 2:15 p.m. Lunch on your own

BREAKOUT SESSION
2:15 p.m. – 3:45 p.m. Implementation of the Cardone Report
Speakers: Hon. Kathleen Cardone, District Judge
Chair, Ad Hoc Committee to Review the Criminal Justice Act
Bob Rucker, Ph.D., Court Research Consultant and Member, Ad Hoc
Committee to Review the Criminal Justice Act.

4:00 p.m. On your own

Wednesday, January 30, 2019

Plenary Sessions

8:15 a.m. – 9:45 a.m. Supreme Court Review

Speaker: Kathleen M. Sullivan, Quinn Emanuel Urquhart & Sullivan, LLP

9:45 a.m. – 10:00 a.m. Break

10:00 a.m. – 11:30 a.m. Recent Ninth Circuit Decisions

Speakers: Hon. William Fletcher, Circuit Judge
Hon. Jay S. Bybee, Circuit Judge

11:30 a.m. – 11:45 a.m. Closing Remarks/Adjournment

Hon. Cathy Ann Bencivengo, District Judge, CAS
Chair, Ninth Circuit Education Committee