Sandra Day O'Conner speaks at Pomona. Photo Courtesy of Stephannie Herrick.

By: Stephanie Herrick, 2L

Former United States Supreme Court Justice Sandra Day O’Connor spoke about the importance of judicial independence and education during the Distinguished Speakers Lecture at Bridges Auditorium at Pomona College on Tuesday, March 30.

An audience of roughly 1,000 people enthusiastically greeted the retired justice, who served on the U.S. Supreme Court from 1981 to 2006.

“When I retired from the U.S. Supreme Court, I had become aware of a serious problem in the United States that affects our nation’s courts, both state and federal,” O’Connor began. “There are a great many people in the U.S. today who think that judges are just politicians in robes.”

She said that the general view among Americans is that judges are “activist, secular, godless humanists trying to impose their will on the rest of us.” As a retiree of the court, O’Connor said she felt she should discuss this issue. She said that the courts play a vital role in our country. “It’s clear to me that we have to care about the judicial branch,” she said.

“Having your day in court in this country means standing before an impartial judge or panel of judges, and having the merits of the case decided without passion or prejudice. It means that there is at least one safe place, where being right is more important than being popular. And where fairness trumps strength,” O’Connor said.

“I worry that this ideal of having one’s day in court is being eroded by the ever increasing threats to judicial independence across the country.”

O’Connor then discussed the importance of judicial independence, the modern day threats to it and how she believes people might better defend against those threats. She stated that these problems should concern not only state but also federal judges since people see judges as a group, and do not separate them by city, state, appellate and federal. She said one major problem is how to choose judges.

“Should our judges face recurring elections, or do their jobs require a higher degree of insulation from popular reprisal? Should judges have a life term or specific term limits?”

She said that these problems are not easy to answer, but we might look to how our founding fathers decided to choose Supreme Court justices as a guideline.

“Many Americans today do not even see the need for independent judges. Many tell us they prefer a judiciary that merely acts as a reflex of popular will,” said O’Connor. “A great majority of our state court judges are elected. California still elects some of its judges. No other nation in the world has chosen to elect their judges.”

“This system has had a harmful effect on how the public perceives judges and their role.” O’Connor stated that a system that relies on popular elections to select judges destroys the respect people have for judges.

She said that if she could do just one thing to improve the reputation of this country’s judiciary, it would be to convince states to stop having elections and instead switch to merits selection or some other appointment system.

“The single greatest threat to judicial independence is fairly modern and uniquely American,” she said. “And that is the flood of money that is coming into our courtrooms by way of increasingly expensive and volatile judicial campaigns. One reason for this is well-organized special interest groups who have strong preferences in the outcome of certain kinds of cases.”

“Campaigning for a state judicial office is often as expensive as campaigning for a seat in the United States Senate,” she said.

O’Connor discussed a case where a single donor contributed more than $3 million for a judicial campaign – and how the judge elected voted in favor of the donor, who was also a party to a case pending before the court. She said that judicial campaigns and cases like this breed distrust in citizens.

“The mere appearance of such a gross impropriety drastically undercuts the public respect for the judiciary,” she said.

“Voters in states that elect judges are more cynical about the courts, and . . . are less likely to believe that judges are fair and impartial.” She said that some studies show that judges are, in fact, influenced by campaign contributions.

“An independent judiciary is critical for all citizens, and unregulated judicial campaigns threaten Americans’ trust in the process.”

O’Connor went on with her next main point, which was that ignorance about the role of the judiciary is a big problem in this country. She said that the long-term solution to this problem is education.

“We have to bring real and meaningful civics education back into our classrooms. Knowledge of our system of government is not handed down through the gene pool,” O’Connor said.

“According to the Annenberg Public Policy Institute, two-thirds of Americans know at least one of the judges on American Idol, but only 15 percent can identify the chief justice of the United States,” she said.

To help combat this problem, she launched the website www.ourcourts.org, which features free interactive online games about civics targeted to middle school students. In one of the games, students play a law clerk to a Supreme Court justice and help decide a case, and then students can help write the majority opinion. In another game students help run a Constitutional Rights law firm, advising clients of their rights. The website also has resources for teachers, online videos and information, and a forum to discuss civics topics.

After her lecture student audience members were given the chance to ask questions directly to O’Connor. She made the audience laugh many times throughout the question-and-answer period.

“I thought it was great, I was surprised how much I laughed. She was funny. I love her wittiness and quick comebacks,” said Caroline “Tina” Morales, who graduated from Southwestern in 2003.

Crystal Lara, 2L

Mental Health Advocacy Services

Interning at Mental Health Advocacy Services during the summer was a once in a lifetime experience.  I was exposed to so many different areas of the law and was able to see firsthand how my efforts were helping some of the most vulnerable members of our society.  MHAS really nurtured my understanding and provided me with opportunities to be an advocate after my first year and strengthened my belief in public interest.  I am so appreciative of the time I spent with MHAS.”

Cynthia Castellon, 3L

Harriett Buhai

This summer I was an intern at the Harriett Buhai Center for Family Law.  It was one of the best legal and working experiences I have ever had.  I had the opportunity to learn about the family law process and the family court system.  I also had the opportunity to have my own caseload and meet with my own clients which is a rare opportunity as a law student.

Stephanie Herrick, 2L

Public Counsel

I worked at Public Counsel last summer in the Homelessness Prevention Law Project, and it was a great experience.  The firm has seven law projects and over 40 staff attorneys.  They brought in 47 law clerks over the summer, all unpaid positions.  I had the opportunity to do the General Relief Advocacy Project all summer, which Southwestern participates in during the school year.  I learned a great deal about public benefits and major issues that confront marginalized members of society.  Most interns can also work on different projects to get more experience.  The internship is fulfilling and a lot of fun, and I would recommend for anyone to work there.

SW’s campus will expand to include the building to the west of Bullocks Wilshire. Photo Credit: Liz Reinhardt

By Stephanie Herrick, 2L

Southwestern Law School prides itself on being an excellent Public Interest Law school. Public Interest can include working in areas of the law such as immigrant rights, children’s law, homelessness prevention, housing, consumer rights, disability rights, and any number of social justice issues that lawyers can be a part of litigating and creating policy for to advance the rights of individuals.

“There are several reasons why students should consider working for a public interest law organization,” Prof. Ronald Aranovsky, Chair of the Public Interest Law Committee, said. “Above all, the work is important. Large segments of our community need legal services to deal with important problems in their lives but cannot afford an attorney. Students who work in public interest firms help meet this need.”

Students should get involved in public interest legal work because it will benefit them as people as well as lawyers. “Working for a public interest firm can provide excellent training opportunities, including client interviewing and legal writing and research skills development as well as the chance to work closely with and learn from experienced lawyers,” Prof. Aranovsky said. Anyone who takes the time to give back to the community and help others should feel good about their work and know it was time well spent.

In addition, Southwestern has sought to further its commitment to public interest law by creating the Public Service Program. This program rewards students for the volunteer hours they give during their law school career.

Students can get credit for PSP hours either through on campus or off campus volunteer opportunities. A full list is available on the PSP TWEN site. Below are some of the opportunities students can get involved with right here on campus.

General Relief Advocacy Project (GRAP)

GRAP is a program that was developed by Public Counsel’s Homelessness Prevention Law Project. A Public Counsel attorney supervises the law school program but it is run by the students. Volunteers for GRAP advocate on behalf of pubic benefits recipients at the local Los Angeles County Department of Public Social Services offices. The program includes a training that covers information about the reality of homelessness in Los Angeles County, the legal basis for GRAP, and what volunteers need to know when they advocate for clients in the field. Outings to the DPSS offices are then arranged on Friday afternoons once a month throughout the school year. Students ask clients about their needs and provide them with assistance. This assistance usually includes advocating for a client’s rights regarding receiving public benefits, helping clients through the process of applying for benefits, or giving legal referrals or other information, such as where to find homeless shelters and medical care. Students learn client counseling and negotiation skills when advocating on behalf of clients, and are given an opportunity to see what they can do using the legal knowledge and advocating skills they have acquired.

Sign up sheets for GRAP trainings and outings are available on the GRAP TWEN page.

Teen Court

Teen Court is a juvenile diversion and prevention program with the intent to reduce recidivism and encourage first time juvenile offenders to accept responsibility for their actions and to stay out of the juvenile court system. The hope for the program is that a juvenile offender will not continue their criminal behavior after participating in a judicial process in which a jury of their peers, which are other teenagers, decide the verdict and recommend disposition orders. Law students who participate visit local high schools to observe Teen Court trials and assist with jury instructions and jury deliberation. Students who participate in Teen Court have the opportunity to learn more about the juvenile delinquency system while making a difference in the community.

The trials are on Wednesdays or Thursdays from 3pm to about 5:30pm. Sign up sheets are available on the Teen Court TWEN page.

Volunteer Income Tax Assistance (VITA)

VITA is an IRS program that is run at Southwestern by the Tax Law Society. The purpose of VITA is to offer free income tax preparation to low income and elderly tax payers. Volunteer preparers will work on campus Saturday afternoons, February 6 through April 10, 2010. All preparers must pass a basic certification test through the IRS website. This experience gives students the opportunity to learn how to do their own taxes and those of their friends and family, as well as gives them practical professional skills that will be very useful upon graduation. Students who participate not only learn a great deal, but also help others in need.
For more information on training and participation, students should sign up for the Tax Law Society TWEN page.

SW’s financial aid department has undergone some big changes in the last few months, including an overhaul of the staff to take the department in a new direction. Read the full story

Harvey Levin of TMZ Fame

Harvey Levin, host and executive producer of TMZ and managing editor of TMZ.com, was the subject of “A Conversation With,” a series sponsored by the Donald E. Biederman Entertainment and Media Law Institute.

The event was packed with guests and students interested in having an in-person question and answer session with one of the most well-known celebrity gossip gurus in Los Angeles. Read the full story

On October 3, 2008, the SW Journal of International Law sponsored a symposium titled “Arctic Sovereignty: Cold Facts, Hot Issues.”

Due to receding ice in the Arctic, a new shipping route may become possible, as well as access to large amounts of oil and gas reserves.  As a result, fear exists that there will be a race by Canada, the U.S., Russia and other nations to claim sovereignty over the natural resources that exist there. Read the full story

The Women’s Law Association held its annual Meet Your Professors event on Sept. 17, featuring a panel of female SW professors. The professors related unique stories and experiences about their legal careers, from attending law school to becoming professors, and balancing work and family life.

Prof. Judy Sloan described how she was one of only three women in her law school class. Her criminal law professor purposefully called on a woman when discussing a rape case “The case involved an old man accused of rape who was impotent. In other words, he couldn’t have raped anyone,” said Sloan.

“My husband was a urology resident at Johns Hopkins Hospital [then] and … he coached me on the details of male impotence. Sure enough, I was called on. I used this as an opportunity to lecture everyone on male impotence, to the point that even the professor had to blush! It was my way of dealing with the difficulty of being a woman in a male atmosphere. It was also my way of saying: ‘Don’t mess with me!’”

When Sloan began teaching, she was the only woman teaching classes on the faculty. “The first class I taught, when two men in the back saw that I was a woman teacher, they slammed their books shut and walked out the door. So what did I do the next class? I called on them. I didn’t know a whole lot, but I was further ahead in the book than they were, and that was enough.”

Prof. Catherine Carpenter began law school in 1973, and there were about 10 women in her class of 300. She was a part of the first Women’s Law Association at SW. “We wanted to get together; we <em>needed</em> to get together to talk about the things that were happening to us,” said Carpenter about starting the Women’s Law Association.

Carpenter spoke about the importance of the growing number of women in the legal field. “Since women are going to be such an important part of the legal workforce, we have the opportunity to frame the conversation in terms of how and to what extent we want to shape or change our professional environment - what is important to us and what sort of demands we want to make,” said Carpenter. “Women only have that ability because of the critical mass in the workforce, and consequently women have a little more power than the previous generation had.”

Prof. Karen Smith recounted a story from her days as a young attorney. She was discussing a case with a man who looked at her very strangely. When she asked him why he was looking at her in this way he responded, “I’ve never seen a woman speak intelligently before. The only women in my life are my wife and secretary.”

“You sit here today as a representative of women, because there will be people even in this day who will remember having a class with you and meeting you,” Smith said. “And this will break down the barriers in people’s mind of what women can do.”

Prof. Nyree Gray shared her experiences as a young attorney in the courtroom. “I would show up to court at 8:30 and somehow hit the trifecta - I was the only woman, the only black, and the youngest person in the room,” said Gray. “How did I get so lucky?”

“The good thing about Southwestern is that there are so many women here. We’re all here, together, pulling for each other to do well,” she said. She advised students that once they become successful attorneys, “don’t forget to look back and share what you have experienced and learned with another woman.”

Prof.Sung Hui Kim worked as a corporate lawyer before teaching at SW and described it as a very competitive environment for women. She told a story about a pregnant attorney who was advised by her doctor that for health reasons, she could not work more than 40 hours per week. When she informed the firm of this, a female partner said to her, “I worked more than 40 hours a week when I was pregnant. I don’t see why you can’t.”

“The workplace has not really caught up to our notions of equity,” said Kim.

Prof. Karin Graver recounted an incident from her early years as an associate in a large firm. One of the partners, who had just become a grandfather, got on an elevator with her, and asked, “Do you have a kiss on the cheek for the new grandfather?”

“I was surprised that this kind of thing still happens, although I don’t think it happens as much as it used to,” said Graver. “Some more senior attorneys may not recognize when they’re being sexist.”

Prof. Isabelle Gunning, who attended Yale University, said, “I went to a college where there weren’t any women in undergrad, let alone law school.” She stressed the importance of women coming together and sharing their experiences. “Come and talk to us, because that’s what will empower you,” said Gunning. “An association like this is so wonderful because it allows you to learn who you are.”

To find out more about the WLA, please contact: swwomenslaw@gmail.com

Written by Stephanie Herrick, 1L

Southwestern has opened a new Student Resource Center to help Southwestern students enhance their academic performance. The Student Resource Center is a joint effort of the Academic Support Program, the Dean’s Fellow Program and the Writing Center. The grand opening was held on Sept. 8.

“Both events were very well-attended,” said Robert Mena, director of Student Affairs. Mena said that the creation of the center was a collaborative effort between faculty and the offices of the Dean, Diversity Affairs, Academic Support and Student Affairs.

“Upon entering Southwestern, first-year students quickly realize that law school is a completely different animal,” said Mena. “You may have done extremely well in undergrad, but law school challenges you to the greatest degree. In addition, upper division students realize that this challenge continues past your first year. The center was created to help in all of these academic phases of law school.” Read the full story