Dayton Federal Bar Association Law Students Visit the U.S. Court of Appeals for the Sixth Circuit
On May 4, 2023, law student members of the Dayton Chapter of the Federal Bar Association visited the U.S. Court of Appeals for the Sixth Circuit to observe oral arguments before Circuit judges, including the Honorable Chad A. Readler and the Honorable Danny J. Boggs. The Honorable Peter B. Silvain, Jr. (U.S. Magistrate Judge), Brendan Sullivan and Megan Schachter (law clerks to the Honorable Michael J. Newman), and Elizabeth Rogers (law clerk to the Honorable Guy R. Humphrey) accompanied the students during the visit.
Law student attendees watched as counsel presented oral argument to the panel in three cases, which involved: an alleged disclosure of financial industry trade secrets; a Memphis Starbucks café’s firing of several union supporters on the eve of an election; and the limits of qualified immunity for police officers following an interaction with protestors at the Michigan State Capitol. The students listened intently as advocates argued their positions, answered questions, and responded to opponents’ counterarguments.
After the docket concluded, Judge Readler and Judge Boggs addressed the group of law students. In response to a thoughtful question from one student, Judge Readler shared his process for determining which questions to ask during arguments and explained that oral argument is often a conversation between advocates and the bench. He explained that, although he confers with his law clerks and reviews the record to determine potential questions in advance, other questions often arise in response to the advocate’s answers. He also gives close attention to the questions asked by his colleagues. Judge Boggs emphasized the importance of preparedness when appearing for oral arguments and commended those who had argued that morning as strong examples. Judge Readler also advised the students to use the Court’s questions as an indicator of weaknesses in one’s argument. Advocates should acknowledge issues but explain why their position should nonetheless prevail.
Students praised the event as a highlight of their law school experience this year, and several students expressed a new ambition to argue before the Court themselves one day. The Chapter is grateful to the Honorable Michael J. Newman (U.S. District Judge) for his support and assistance in making this event possible and to Deborah Hunt (Clerk of Court for the Sixth Circuit) for coordinating the visit and welcoming the group.
The Dayton Chapter of the Federal Bar Association launched the Federal Lawyer Career Development Program in the Fall of 2022. The program offers one-to-one mentoring and career development events for regional law students in an effort to promote diversity and equal access to opportunities among those entering the legal profession.
2023 “State of the Court” a Success
On April 5, 2023, the Dayton Chapter held a “State of the Court” program in the Historic Courtroom at the United States Bankruptcy Courthouse downtown. Attendees heard from a distinguished panel of federal judges from the Southern District of Ohio: Chief Judge Algenon Marbley; District Judge Michael Newman; Magistrate Judge Peter Silvain; and Bankruptcy Judge Guy Humphrey. (District Judges Walter Rice and Thomas Rose were also in the audience; Magistrate Judge Caroline Gentry was unable to attend because she was presiding over a mediation.)
To open the program, Chief Judge Marbley discussed the continuing impact of COVID-19 on the Court in 2022, as well as how on-site events have resumed and how 2023 would bring an end to most, if not all, COVID-related policies. He also mentioned the numerous investitures that took place in 2022 and early 2023; the retirement and recall of Magistrate Judge Sharon Ovington to assist with mediations; and the Celebration of Life event that took place in June of 2022 for the late Honorable George C. Smith. Finally, Chief Judge Marbley explained magistrate judge utilization throughout the district and the resumption of in-person community outreach programs, such as CLE opportunities, roundtable discussions, courthouse tours, and naturalizations.
The program continued with Judge Newman discussing the new judicial lineup in Dayton due to the recent additions of Magistrate Judge Silvain and Magistrate Judge Gentry. Judge Silvain spoke about magistrate judge practices, including his preferred procedure for handling discovery disputes. And, Judge Humphrey provided a history of the Historic Courtroom, including how attorney F. Lee Bailey argued on behalf of Dr. Sam Sheppard (the inspiration for “The Fugitive”) at a habeas corpus hearing in the courtroom. The program concluded with a networking luncheon with the judges and attendees.
Women and the Bench
The Dayton Chapter of the Federal Bar Association hosted a panel discussion and evening reception at the United States Bankruptcy Court in Dayton in celebration of International Women’s Day on March 8, 2023. During the reception Christine Haaker, managing partner at Thompson Hine LLP, and Erin Rhinehart, co-managing partner at Faruki LLC, received the inaugural Florence E. Allen Awards for Outstanding Achievement.
The discussion panel featured the Hon. Sarah Morrison, United States District Judge, the Hon. Karen Litkovitz, United States Magistrate Judge, the Hon. Caroline Gentry, United States Magistrate Judge, the Hon. Kathryn Preston, United States Bankruptcy Judge, the Hon. Mina Nami Khorrami, United States Bankruptcy Judge, and the Hon. Melody Stewart, Associate Justice of the Supreme Court of Ohio. Jennifer Rulon, partner at Frost Brown Todd LLP, and Elizabeth Rogers, law clerk to the Hon. Guy R. Humphrey, moderated the panel, which addressed challenges and opportunities for women in the law.
During the discussion, Justice Stewart encouraged women lawyers to know that they belong and approach opportunities with confidence. Judge Nami Khorrami responded to a question about how women should approach bias from opposing counsel. “As a judge, the only thing that impresses me is whether you are prepared. Anything else doesn’t matter,” she said. Judge Morrison also encouraged attendees to move past negative reactions and seek out strong mentors who will promote their advancement, while Judge Gentry urged younger lawyers to set high goals for themselves. Judge Preston advised women lawyers that a perfect work-life balance may not exist.
The Hon. Guy Humphrey, United States Bankruptcy Judge, presented the inaugural Florence E. Allen Awards for Outstanding Achievement on behalf of the selection committee to Haaker and Rhinehart. The Dayton Chapter established the awards in February 2023 to honor women lawyers who demonstrate excellence in the legal profession and an outstanding commitment to public service. Judge Humphrey congratulated Haaker and noted her outstanding accomplishments both as a top practitioner in the region and as a contributor to the legal community. “She plays a critical role in mentoring junior attorneys and takes time to invest in the success of women in the legal profession,” Humphrey said. “Through her community service, she works to uplift those who are marginalized.”
Judge Humphrey also congratulated Rhinehart and noted her significant achievements. “Erin is relentless when it comes to understanding complex facts and law relevant to each matter, and then takes the understanding to find the best path forward to advocate for the client. Her ability to explain complex issues to a variety of different audiences is unmatched and done with the utmost civility.”
The event was sponsored by Taft Stettinius & Hollister LLP, Thompson Hine LLP, Frost Brown Todd LLP, Porter Wright Morris & Arthur LLP, and Faruki PLL. Attendees from the University of Dayton School of Law, the Greater Dayton Volunteer Lawyers Project, and the American Bankruptcy Law Forum were also present. A number of students in the Dayton Federal Bar Association’s Federal Lawyer Development Program, a mentoring and career development program for law students, were also in attendance. Students in the program enjoyed dinner and discussion with federal and state judges during the reception.
“Success as a Young Attorney” Event
The Dayton Chapter held a “Success as a Young Attorney” event at the U.S. Bankruptcy Court in February of 2023. The U.S. Attorney for the Southern District of Ohio, Ken Parker, spoke to law students and younger attorneys who are mentees in the Chapter’s mentorship program.
Back Together Again: FBA Dayton Chapter 2022 Annual Meeting in Person!
As the Chapter navigated the new normal following the COVID-19 crisis, it was happy to be able to hold the Chapter’s 2022 Annual Meeting in person. The meeting was held at The University of Dayton School of Law, with a large attendance considering all factors.
Held on October 25, 2022, the meeting featured remarks from our very own Dayton Past Chapter President, Glen R. McMurry, who now serves as the Treasurer of the Federal Bar Association Nationally. Also speaking at the event was Dayton local, Merle F. Wilberding, an attorney at Coolidge Wall with more than fifty years of experience, and a former Dayton Bar Association President. The meeting consisted of swearing in the new Chapter Officers and the presentation of awards to: Judge Peter B. Silvan (Mona Guerrier Public Service Award) and Judge Michael R. Merz (Dayton FBA Federal Service Award). Important to note from Glen R. McMurry is that law students can join the FBA’s law student division for free and their first year of professional membership will be free if they joined in law school.
Southern District of Ohio Federal Sentencing & Criminal Practice Seminar
The Dayton Chapter and the Federal Court for the Southern District of Ohio sponsored and held a Federal Sentencing and Criminal Practice Seminar on April 26-27, 2017 at the Dayton Convention Center in Dayton, Ohio. Two hundred attorneys attended the two-day event. 10 hours of free CLE were offered. The event was a phenomenal success.
(l to r) J. Steven Justice (Dayton Chapter President), Chief Judge Edmund A. Sargus, Jr. (S.D. Ohio), Mag. Judge Michael J. Newman (National FBA President), Mag. Judge Sharon L. Ovington (S.D. Ohio), Judge Thomas M. Rose (S.D. Ohio), Judge Walter H. Rice (S.D. Ohio), Judge Algenon L. Marbley (S.D. Ohio), Mag. Judge Michael R. Merz (S.D. Ohio), Glen McMurry.
West Liberty-Salem High School
On February 16, 2017, a group of approximately 38 students from West Liberty-Salem High School visited the United States District Court for the Southern District of Ohio in Dayton and met with Judges Walter Rice and Michael Newman.
During the visit, students received a welcome from the Judges and were offered the opportunity to present arguments to the court. Michael Rhinehart, a law clerk with the court, discussed the facts, procedural history, and disposition of the United States Supreme Court’s decision in Elonis v. United States and presented the students with a hypothetical factual scenario to consider and debate.1
With the assistance of law clerks Michael McShea and Chelsea Glassmann, a group of volunteer students developed arguments based upon their understanding of Elonis and presented those arguments to Judge Newman over approximately 30 minutes. After students presented their arguments, their peers — serving as “jurors” — debated the issues and discussed how they would decide the dispute.
1 The materials for this activity are available on the Federal Bar Association’s website. See Federal Bar Association, https://www.fedbar.org/Outreach/Civics/If-You-Have-2-to-3-Hours-with-a-Group.aspx (last visited Feb. 21, 2017); see also United States Courts, http://www.uscourts.gov/educational-resources/educational-activities/elonis-v-us (last visited Feb. 21, 2017).
Students from West Liberty-Salem High School make arguments to Judge Michael J. Newman during their visit to the U.S. Courthouse on February 16, 2017
Students from West Liberty-Salem High School make arguments to Judge Michael J. Newman during their visit to the U.S. Courthouse on February 16, 2017
Students from West Liberty-Salem High School make arguments to Judge Michael J. Newman during their visit to the U.S. Courthouse on February 16, 2017
Students from West Liberty-Salem High School make arguments to Judge Michael J. Newman during their visit to the U.S. Courthouse on February 16, 2017
2015 Evening Honoring United States District Court Judge Walter H. Rice
On December 1, 2015, the bench, bar, and community came together at the Dayton Art Institute to honor United States District Court Judge Walter H. Rice for over 45 years of dedicated service to the judiciary and the community, including 35 years on the federal bench. Hosted by the Dayton Chapter of the Federal Bar Association, and attended by a sold-out crowd of 320, tributes to Judge Rice were presented by: United States District Court Judge Susan Dlott, Montgomery County Commissioner Deborah Lieberman, Montgomery County Municipal Judge Adele Riley, former CEO of Cox Ohio Publishing and Publisher of the Dayton Daily News Brad Tillson, United States District Court Judge Thomas Rose, and, Judge Rice’s loving wife, Magistrate Bonnie Beaman Rice. Senators Rob Portman and Sherrod Brown, and Congressman Mike Turner, who were unable to attend the event due to duties in Washington, D.C., sent Judge Rice video messages of appreciation and congratulations. The evening also featured the unveiling of the portrait of Judge Rice, painted by retired local attorney, Greg Gibson, and the acceptance of the portrait, along with a tribute, by United States District Court Chief Judge Edmund A. Sargus, Jr.
To commemorate the occasion and to honor all that Judge Rice has and continues to contribute to the Dayton bench and bar, the Dayton Bar Association Foundation commissioned a bronze plaque that will hang in the Dayton Federal Building. Jeff Ireland, 2015-2016 President of the DBA Foundation, was on hand for the event to extend the gratitude of the DBA and Foundation members and present Judge Rice with a mock-up of the plaque, which will feature a relief of Judge Rice as well as the following quote from Judge Rice’s speech, “I am Proud to be a Lawyer, and You Should Be Too”: “The price of freedom is, in truth, eternal vigilance. One who trades freedom for security will have neither. The war on crime, drugs and terror must never be a war on the Constitution. If the Constitution no longer can protect the worst of us, it can never hope to protect the best of us.”
Truly reflecting the lifelong passion and widespread impact of Judge Rice, the event brought together family, including wife Magistrate Bonnie Beaman Rice, daughter Courtney Rice, son Michael Rice, brothers-in-law Dr. Joseph Beaman and Fred Beaman, and sister-in-law Linda Beaman, countless friends, numerous federal and state trial and appellate judges, federal and state court staff, representatives from the United States Congress, representatives from the General Assembly, local government leaders, national Federal Bar Association leaders, including President-Elect, the Honorable Michael J. Newman; Board of Director Glen R. McMurry; Vice President for the Sixth Circuit, James W. Satola; members of numerous charitable and community organizations; and lawyers and firms, of all types of practice areas, from Cincinnati, Columbus, and Dayton. The evening reminded many of us once again why we are, indeed, “proud to be a lawyer.”
Display of official portrait of Judge Walter Rice (pictured left) painted by retired local attorney Greg Gibson (pictured right).
Honorable Walter H. Rice speaks to 320 people gathered to celebrate his distinguished career and commitment to service in the Dayton community.
Federal judges gathered to pay tribute to Judge Rice.
Top row (from left to right): Judge Michael Newman, Judge Sharon Ovington, Chief Judge Edmund Sargus, Jr., Judge Timothy Black, Judge Lawrence Walter, and Judge John Hoffman, Jr.
Bottom row (from left to right): Judge Guy Humphrey, Judge Thomas Rose, Judge Walter Rice, Judge Susan Dlott, and Judge Michael Merz
(Photographs attributed to Valerie Hawkins.)
2015 Annual Meeting and Luncheon
The Dayton Chapter hosted its Annual Meeting and Luncheon at the UD Basketball Arena on October 13, 2015. The event was attended by approximately 100 people, including many members of the Dayton Chapter, others from the Dayton legal community (such as representatives from Dayton-based Lexis/Nexis), as well as a good complement of UD Law Student Division members.
L to R: Bethany Walker, Tony Graber. Mark Vincent, and Nadia Klarr
L to R: President-elect, Judge Newman, University of Dayton School of Law Dean, Andrew Strauss, President, Mark Vincent, and Sixth Circuit Vice President, Jim Satola
L to R: U.S. District Judge Thomas Rose, Professor John Terzano, Assistant Dean of Student Affairs Staci Rucker, Mark Vincent, and U.S. Magistrate Judge Newman
L to R: U.S. District Judge Thomas Rose, Steve Justice, Erin Rhinehart, Mark Vincent, Christine Haaker, Vipal Patel, Jeremy Smith, and Jeff Cox
Mark Vincent and Judge Rose talk with the University of Dayton Law School FBA leadership and fellow students
On Mark Vincent’s October visit to the Dayton chapter. Photo taken at U.D. Arena
2015 New Lawyer Admissions CLE & Swearing-In Ceremony
The Dayton chapter hosted a new lawyer admissions CLE and swearing-in ceremony at the Federal Courthouse in May. Speaking to the new admittees are, left to right: Phil Butler from the Southern District of Ohio Clerk’s Office; Jeff Cox, Esq., Dayton chapter president; national treasurer and Dayton chapter immediate past-president, U.S. Magistrate Judge Michael Newman; and Dayton chapter board member, U.S. District Judge Walter Rice.
2015 State of the Court Luncheon
On February 27, 2015 the Chapter held its annual State of the Court Luncheon at The Schuster Center. Tisyear’s guest speaker was The Honoroable Edmund A. Sargus, Jr., Chief Judge for the Soouthern District of Ohio.
lower row: Judge Michael Merz, Judge Sharon Ovington, Judge Humphrey, Chief Judge Sargustop row: Judge Timothy Black, Judge Walter Rice, Judge Thomas Rose, Judge Michael Newman
2014 Annual Meeting & Luncheon
On October 21, 2014 the Dayton Chapter held our annual meeting and luncheon. Newly minted FBA president Matthew Moreland visited the chapter. The Outstanding Member Contribution Award was awarded to Tessie Smith, President of the University of Dayton School of Law, FBA Law Student Division. Charles Faruki was awarded the Federal Service Award and the Mona Guerrier Public Service Award was awarded to Bridget M. Findley, City of Dayton Assistant City Attorney.
2014 Law Student Round Table
On September 29th, the Law Student Division at the University of Dayton School of Law, in conjunction with the Dayton chapter, hosted a luncheon “round table” event with local attorneys and judges. Like speed dating, the students moved from table to table — meeting and asking questions.
The luncheon proved to be a great opportunity for the law students to meet and mingle, ask questions of the judges and attorneys, and learn more about the FBA.
The event was organized by Tessie Smith, the UDSL Law Student Division president.
With the law students (back row – left to right) are Dayton chapter board members Bill Wells (a civilian from Wright Patterson Air Force Base), Tim Pepper (the Taft firm) , Mike Rhinehart (career law clerk, U.S. District Court), Jeff Cox (partner, Faruki Ireland & Cox), Vipal Patel (U.S. Attorney’s Office), and Chapter president Judge Newman.
2014 Annual Reception
In mid-July, the Dayton chapter hosted its annual reception to honor summer associates and externs who have spent their summer at the Federal Courthouse, with government agencies, or in local law firms. The Dayton chapter especially honored the many minority high school and college students — all of whom hope to attend law school — and who have been mentored this summer by Dayton Federal Judges and attorneys in local firms.
Two such minority pipeline programs — the Summer Work Experience in Law (“SWEL”) and the Law & Leadership Institute (“LLI”) — were honored by those who spoke at the reception including Chapter president, Judge Michael Newman, and Dayton Board of Directors members Judge Rose, Judge Rice, and attorney Jeff Cox.
2014 Sixth Circuit Practice Institute
The Cincinnati-Northern Kentucky chapter, the Dayton, Ohio chapter, and the national Litigation Section jointly produced the Sixth Circuit Practice Institute held at the Westin hotel in downtown Cincinnati on May 6, 2014.
The last Practice Institute was held in 2009; the event is held every five years or so.
The 2014 Practice Institute was extremely successful, and more than 225 attorneys from throughout the Sixth Circuit (Ohio, Michigan, Kentucky and Tennessee) were in attendance.
The luncheon keynote speaker was the Hon. Donald B. Verrilli, Jr., the Solicitor General of the United States, who was introduced at the podium by Sixth Circuit Judge Jeffrey S. Sutton.
The Practice Institute was opened by the Hon. Alice M. Batchelder, the Sixth Circuit’s Chief Judge, who also swore in new admittees to the Court as part of the day’s ceremonies. Panel discussion topics ranged from The Technological Transformation of Appellate Practice (moderated by Dayton chapter board of directors member Steve Justice with Chief Judge Batchelder, Cincinnati-Northern Kentucky chapter president Pierre Bergeron, and Sixth Circuit Clerk of Courts Deborah Hunt) to Effective Brief Writing (moderated by Scott Hamilton, of the Eastern District of Michigan chapter, with Sixth Circuit Judges Jeffrey Sutton, Alan Norris, and Richard Suhrhenrich), Effective Oral Argument (moderated by Pierre Bergeron with Sixth Circuit Judges Guy Cole, John Rogers, and Jeffrey Sutton) and Preserving Issues in the District Court for Appeal (moderated by U.S. Magistrate Judge Michael Newman, the Dayton chapter president, with Chief Judge Susan Dlott, Judge Barrett, and Judge Rose from the Southern District of Ohio). Those in attendance also heard from State Solicitors General Eric Murphy (Ohio) and Aaron Lindstrom (Michigan); from Appellate Chiefs in the U.S. Attorney’s Office (Ben Glassman) and Federal Public Defender’s Office (Kevin Schad); and from Paul Calico, the Chief Circuit Mediator.
Recognizing the large number of appellate counsel who take pro bono cases in the Sixth Circuit, the Practice Institute also featured a discussion with Ken Loomis, a representative of the Clerk’s Office who discussed the procedure for pro bono appointments. The Clerk of Courts, Deborah Hunt, also spoke on ways to avoid common mistakes when filing briefs and arguing cases.
All in attendance agreed it was a one-of-a-kind CLE. The FBA chapters and Litigation Section congratulate the Practice Institute Planning Committee (Pierre Bergeron, K. Scott Hamilton, J. Steven Justice, and Judge Newman) for their hard work over many months. The Planning Committee likewise thanks Robert Kohn and Thomas G. McNeill of the Litigation Section leadership for the Section’s support.
View a gallery of images from the event
2013 Federal Civil Practice for the Newly Admitted Attorney CLE
In November 2013, the Dayton Chapter presented a CLE entitled, “Federal Civil Practice for the Newly Admitted Attorney” with Magistrate Judge Michael Merz, who sits on the Southern District of Ohio bench in Dayton.
With Judge Merz, at the Federal Courthouse following the CLE, are (left to right): Dayton Chapter Board members Tom Whelley and Bill Wells; Judge Merz; and Dayton Chapter President, Magistrate Judge Michael Newman.