Sunday, July 19

1:00 p.m.

Conference Registration Begins

Monday, July 20

7:30 a.m.

Chief Bankruptcy Judges Breakfast Meeting
Presiding: Hon. Robert J. Faris, Chief Bankruptcy Judge, HI
[Ticketed Event]

9:00 a.m.

Ninth Circuit Judges Education Program
Decisions 2008-2009: A Supreme Court Review
Presiding: Hon. Marsha J. Pechman, District Judge, WAW, Chair, Ninth Circuit Education Committee
Speaker: Kathleen M. Sullivan, Esq., Stanley Morrison Professor of Law, Stanford Law School
Members of the bar are invited.

10:45 a.m.

Bankruptcy Judges Education Program
Presiding: Hon. Roger L. Efremsky, Bankruptcy Judge, CAN
Chair, Bankruptcy Judges Education Committee

A Look at the State of the Mortgage Crisis
This panel will look at the current state of the mortgage crisis, including loan modification trends both inside and outside of bankruptcy. We also will highlight some specific foreclosure-related issues that commonly arise in bankruptcy cases.

Panelists: Hon. Eugene R. Wedoff, Bankruptcy Judge, Northern District of Illinois
Richardo I. Kilpatrick, Esq., President, Kilpatrick & Associates, P.C.
Tara Twomey, Esq., Lecturer, Stanford Law School and Of Counsel, National Consumer Law Center
Members of the bar are invited.

10:45 a.m.

Magistrate Judges Education Program
Presiding: Hon. Cathy Ann Bencivengo, Magistrate Judge, CAS
Chair, Magistrate Judges Education Committee

Can You Hear Me Now? Ethical Issues Relating to Ex Parte Judicial Communications

All judges and their staffs are confronted with ex parte communications at times. This program offers insight and guidance in the avoidance and/or management of such communications. The program explores the propriety of ex parte contacts between the bench and the bar in both the civil and criminal practice areas. The materials include references to the Code of Conduct for United States Judges and the ABA Model Code of Judicial Conduct.

Panelists: Hon. Celeste F. Bremer, Magistrate Judge, Southern District of Iowa
Hon. Karen K. Klein, Magistrate Judge, District of North Dakota
Members of the bar are invited.

12:00 p.m.

New Lawyer Representatives Orientation Program & Lunch
Presiding: Christopher B. Latham, Esq., Asst. U.S. Attorney, CAS
Chair, LRCC

Is this your first year as a lawyer representative? Confused about what you should be doing? Learn about various opportunities to become active on circuit committees. Get acquainted with the Ninth Circuit, other lawyer representatives and members of the LRCC during this special welcome.
[Ticketed Event]

12:30 p.m.

Spouses’ & Guests’ Welcome Luncheon
A gourmet lunch in the Pacific’s Edge Restaurant at the famous Highlands Inn, Carmel. Buses depart at 11:30 a.m. from outside the Regency Conference Center. [Ticketed Event]

12:45 p.m.

Bankruptcy Judges Buffet Lunch
[Ticketed Event]

12:45 p.m.

Magistrate Judges Buffet Lunch
[Ticketed Event]

1:30 p.m.

Business Meetings
Circuit Judges & Appellate Lawyer Representatives, District Judges, Bankruptcy Judges, Magistrate Judges, Advisory Board, Lawyer Representatives, District & Bankruptcy Court Clerks, Chief Pretrial Services & Chief Probation Officers, United States Attorneys, Federal Public Defenders & Community Defenders

5:00 p.m.

Opening Program

Welcome & Introduction
Presiding: Kelli L. Sager, Esq., CAC
Chair, Conference Executive Committee

Introduction of Special Guests & New Judicial Officers
Recognition of New Senior Judges
Kelli L. Sager, Esq., CAC,
Chair, Conference Executive Committee

Introduction
Hon. Mary M. Schroeder, Circuit Judge,
Member, Conference Executive Committee

Guest Speaker
The Honorable Janet A. Napolitano, Secretary of Homeland Security

Special Program
Introduction: Hon. Leslie E. Kobayashi, Magistrate Judge, HI
Member, Conference Executive Committee

Scene: A conversation between General Ulysses S. Grant and President Abraham Lincoln five days after General Robert E. Lee’s surrender to Grant’s Union Army at Appomattox Courthouse.

Abraham Lincoln had no formal schooling. Essentially self-taught, he read for the Bar and became one of the most able litigators in Central Illinois. Nothing about his clientele would have foretold his later role as the Great Emancipator. He assumed the presidency at one of the nation’s most difficult moments. Most of the Southern States had left the Union and South Carolina attacked the garrison at Ft. Sumpter shortly after he took office. During the Civil War that followed, he suspended the Writ of Habeas Corpus, used military tribunals and martial law to prosecute American citizens who disagreed with him, and confiscated private property without due process or just compensation.

A West Point graduate (27th in a class of 32), Grant had served in the Mexican War with Robert E. Lee. Frustrated with generals, both too timid and too ambitious, Lincoln turned to Grant to lead the Army of the Potomac and quickly became Lincoln’s favorite commander. Lincoln had a two word response to the general’s many critics: “He fights.”

How did this self-educated country lawyer come to write some of the more familiar and enduring phrases of our political lexicon? How did he succeed as president? Learn the answers as Judge Michael Hawkins, playing the part of the future president General Ulysses S. Grant, and Judge Stephen Trott, playing the part of President Lincoln, meet at the White House on the last day of Lincoln’s life, April 14, 1865.

Immediately follows Opening

Welcoming Reception (No-host)
Help kick off the 2009 Ninth Circuit Judicial Conference by joining fellow attendees and guests for a welcome reception to mix, mingle and get into the conference spirit!

Dinner, Talent Show, and Dancing*
Relax in the Hyatt Regency’s beautiful surroundings as you enjoy a variety of food sure to offer something for every palate. Come to the first Ninth Circuit Talent Show and cheer your talent of choice: from spouses to judges to lawyers, no one brave enough will be left out. Judge Stephen Trott emcees and may have a few surprises up his sleeve. The evening ends with dancing to the music of the Kwame Copeland Band, a favorite in San Francisco since two of the members’ day jobs are at the Court of Appeals.
An evening you won’t want to miss!
Ticketed event; advance reservations required.

Tuesday, July 21

7:00 a.m.

Chief District Judges Breakfast Meeting
Presiding: Hon. John W. Sedwick, Chief District Judge, AK
[Ticketed Event]

7:00 a.m.

Bankruptcy Appellate Panel Breakfast Meeting
Presiding: Hon. Dennis Montali, Chief Bankruptcy Judge of the BAP, CAN
[Ticketed Event]

7:15 a.m.

Wellness Committee Breakfast Meeting
Presiding: Hon. Philip M. Pro, District Judge, Chair, NV
[Ticketed Event, please contact Tina Brier]

8:30 a.m.

General Session
Where Have All the Reporters Gone?
With traditional press and media outlets merging, consolidating
or disappearing altogether, there are fewer and fewer reporters
covering the courts. Meanwhile, blogs and other digital media
have proliferated. As methods of news coverage continue to
evolve, will the public be better or less informed?

Introduction:
Hon. Mary M. Schroeder, Circuit Judge

Moderator:
Linda Greenhouse, Knight Distinguished Journalist-in-Residence and Joseph Goldstein Senior Fellow in Law, Yale Law School

Panelists:
Hon. Robert S. Lasnik, Chief District Judge, WAW
Harold W. Fuson, Jr., Executive Vice President, Copley Press
David Lat, Founding Editor, Above the Law
Nina Totenberg, Legal Affairs Correspondent, National Public Radio

10:00 a.m.

Break

10:30 a.m.

General Session
The Economy in Crisis: The Practical and Legal Limits to Government Intervention
The U.S. is in the midst of a financial crisis that will likely be the defining economic event of the first half of the 21st century. Congress, the White House, and federal agencies have aggressively intervened in the economy in ways not seen since the days of Franklin Roosevelt and the New Deal. The Federal Reserve has expanded the money supply to an unprecedented level. Will these measures prove successful or harmful? What are the practical and constitutional limits upon the executive, legislative and judicial branches of the federal government in this crisis?

Introduction:
Hon. Milan D. Smith, Jr., Circuit Judge
Member, Conference Executive Committee

Moderator:
David A. Kaplan, Contributing Editor, Newsweek

Panelists:
J. Bradford DeLong, Professor of Economics, University of California, Berkeley
Richard A. Epstein, James Parker Hall Distinguished Service Professor, University of Chicago Law School
Joseph A. Grundfest, William A. Franke Professor of Law and Business, Stanford Law School
Ronald D. Sugar, Ph.D., Chief Executive Officer and
Chairman of the Board, Northrop Grumman Corporation

12:15 p.m.

JCUS Ninth Circuit Representatives Luncheon

12:15 p.m.

Senior Judges Lunch Meeting
Presiding: Hon. Terry W. Hatter, Jr., Senior District Judge, CAC
[Ticketed Event]

12:15 p.m.

LRCC/Advisory Board Lunch Meeting
This luncheon meeting is open to all outgoing and incoming LRCC chairs and co-chairs.

Presiding: Christopher B. Latham, Esq., Asst. U.S. Attorney, CAS
Chair, Lawyer Representatives Coordinating Committee
[Ticketed Event]

12:15 p.m.

Pacific Islands Committee Meeting and Lunch
Presiding: Hon. Consuelo B. Marshall, Senior District Judge,
Chair, CAC
[Ticketed Event]

1:30 p.m.

Appellate Electronic Case Filing
Presentation by Susan Soong, Esq., Supervising Staff Attorney,
Ninth Circuit Court of Appeals

1:30 p.m.

Best Practices for Developing Performance
Management Plans—The Why, When and How
Presentation and training for court unit executives.
Richard Donovan, Clerk of Court, First Circuit
Ken Gardner, Clerk of Court, U.S. Bankruptcy Court
Northern District of Illinois

2:30 p.m.

Criminal Justice Act Oversight Committee Meeting
Presiding: Hon. Richard C. Tallman, Circuit Judge, Chair

7:00 p.m.

District Dinners
Conference members from each district will meet for separate dinners with members from their home districts. Prior arrangements have been made for hosting conference speakers and special guests.

Wednesday, July 22

7:30 a.m.

Breakfast with the Bench and Buffet Service

8:00 a.m.

Introduction
Hon. Irma E. Gonzalez, Chief District Judge, Program Chair, CAS

Award Presentations

American Inns of Court Award

Ninth Circuit Professionalism Award
In recognition of professionalism, ethics, civility and legal excellence.
Recipient: Harry H. Schneider, Jr., Esq., Partner, Perkins Coie, Seattle

Presenter: Hon. Mary M. Schroeder, Circuit Judge

Robert F. Peckham Award for Excellence in Alternative Dispute Resolution
Recognizing judiciary employees who have significantly advanced
the delivery of effective court-based ADR programs in the circuit.
Recipient: Dawn M. Osborne-Adams, Esq., ADR Program
Manager, CAC

Ninth Circuit ADR Education Award
In recognition of law schools that have significantly advanced
ADR scholarship and research.
Recipient: Stanford Law School Gould Center for Conflict Resolution Programs
Accepted by Janet Martinez, Senior Lecturer and Director of the
Gould Center
Presenter: Hon. Dorothy W. Nelson, Senior Circuit Judge
Chair, Alternative Dispute Resolution Committee

John P. Frank Award
Recognizing an outstanding lawyer practicing in the Ninth Circuit
Recipient: Thomas J. McDermott, Jr., Esq., CAS
Award presentation will be made at a later date.

8:15 a.m.

Breakfast with the Bench Program
Improving the Administration of Justice in the Ninth Circuit:
A Frank Discussion Between the Bench and Bar

Ninth Circuit lawyer representatives were asked to respond
to a survey sent by the Lawyer Representatives Coordinating
Committee. Survey questions were:

1. What are the problems, issues and concerns you perceive pertaining to circuit, district and bankruptcy courts within the Ninth Circuit, and your proposed solutions to address them?

2. Please list any problems, issues, and concerns you perceive regarding the Ninth Circuit court system as a whole and your proposed solutions to address them.

3. Please list any positive comments or thoughts you would like to share regarding the Ninth Circuit Federal Judicial System.

The survey resulted in extensive responses from the far reaches of the circuit. The top three “problems” were delay, judicial temperament and demeanor, and inconsistency in “local” rules. Panelists will discuss what is being done to address these concerns. After the panel discussion, members of the bench and bar will be asked to discuss these same issues at their tables. We hope that these discussions will not stop at the circuit conference but that these topics will be reviewed throughout the next year in district conferences.

Introduction:
Hon. N. Randy Smith, Circuit Judge
Member, Conference Executive Committee

Panelists:
Hon. Sidney R. Thomas, Circuit Judge
Hon. Neil V. Wake, District Judge, AZ
Hon. Peter W. Bowie, Chief Bankruptcy Judge, CAS
Hon. Karen L. Strombom, Chief Magistrate Judge, WAW
Cathy A. Catterson, Esq., Circuit and Court of Appeals Executive
Richard H. Weare, Esq., District and Court Executive, AZ
Robbin Itkin, Esq., LRCC Chair-Elect, CAC

10:15 a.m.

Break

10:30 a.m.

Hollywood Cyber-Crime: Fact or Fiction?
A brilliant criminal cyber-expert takes over the nation’s computer system. Banks, businesses–even traffic signals, power grids, and the government’s security operations–are at his mercy. Hollywood fiction or real threat? Join our panel of experts who will share their inside views on what is technically possible and discuss which Hollywood scenarios are likely to become part of the real world.

Introduction:
Jo S. Levy, Esq., OR, Member, Conference Executive Committee

Moderator:
Jim Newton, Editorial Page Editor, Los Angeles Times

Panelists:
Scott Borg, Director and Chief Economist, U.S. Cyber Consequences Unit
Ovie Carroll, Director, Cybercrime Lab, Computer Crime and Intellectual Property Section, United States Department of Justice
Dorothy Denning, Professor, Naval Post Graduate School
Sean Varah, Ph.D., Chief Executive Officer, MotionDSP

12:15 p.m.

Optional District Meetings
Central District of California, Eastern District of California, Hawaii, Idaho, Nevada, and Oregon

1:30 p.m.

IT Awareness for Judges
Judges on the Ninth Circuit IT Committee will present the second annual IT Awareness session at the circuit conference where you can join your colleagues to learn about a variety of subjects tailored to the specific interests of judges including:

• Using your BlackBerry as an Internet connection for your laptop;
• Using West BriefTools to insert hyperlinks to cases and statutes
into briefs, draft opinions and research memoranda (and learn what “hyperlinks” are);
• Using People Finder on a BlackBerry to locate addresses, telephone numbers and e-mail addresses for members of the judicial branch, and for COOP Plan emergency contacts;
• Accessing and using the FJC’s website for self-study IT training; and back by popular demand, the “Introduction to Blackberry Basics and Additional Features” that judges will find helpful–but you have to attend to find out what they are!

Speakers:
Hon. Dennis Montali, Chief Bankruptcy Judge of the BAP, CAN
Hon. Leo S. Papas, Magistrate Judge, CAS
Hon. Paul B. Snyder, Bankruptcy Judge, WAW

Judges and lawyers are encouraged to attend, and, while not mandatory, are also encouraged to bring their BlackBerrys.

1:30 p.m.

Federal Public Defenders Standing Committee
Presiding: Hon. Harry Pregerson, Circuit Judge, Chair

2:30 p.m.

Appellate Electronic Case Filing
Presentation by Susan Soong, Esq., Supervising Staff Attorney,
Ninth Circuit Court of Appeals

7:00 p.m.

Evening at the Monterey Bay Aquarium*
Conference members and their guests will have the rare opportunity to be the only visitors in the nation’s #1 aquarium. Sample a variety of fine foods while exploring the large variety of sea life exhibits. Not only will you have a wonderful time, but you will be helping the Aquarium sustain their programs to protect our oceans’ sea life.
[Ticketed Event]

Thursday, July 23

7:00 a.m.

Magistrate Judges Executive Board Breakfast Meeting
Presiding: Hon. Karen L. Strombom, Chair, WAW
[Ticketed Event]

8:30 a.m.

General Session
Waiting to Exhale: The Law of Climate Change
The ongoing debate about climate change has included calls for stricter environmental regulation. The federal government has responded with a variety of sweeping proposals to regulate greenhouse gas emissions from virtually all sectors of the economy, while state regulators are endeavoring to protect their interests. Who has authority to regulate this area and what, if any, are the appropriate bounds of such efforts? A distinguished panel of experts will explore these questions and examine the recent trends in civil litigation arising from allegations about climate change.

Introduction:
Hon. Anthony W. Ishii, Chief District Judge, CAE
Member, Conference Executive Committee

Moderator:
Richard Frank, Lecturer in Residence, Berkeley School of Law
Executive Director, CLEE

Panelists:
David Bookbinder, Chief Climate Counsel, Sierra Club
Sam Kazman, General Counsel, Competitive Enterprise Institute
Ellen Peter, Chief Counsel, California Air Resources Board
Robert A. Wyman, Jr., Partner, Latham & Watkins LLP

10:00 a.m.

Break

10:15 a.m.

Use it or Lose It: Mental Fitness at the Brain Gym
Recent advances in technology and research have shown that the brain is not hardwired in childhood and we are not doomed by our DNA. On the contrary, our brains are pliable, plastic, and changeable throughout our lives – regardless of our age or genetics. You can exercise your brain, just like you exercise your body, and slow down the aging process. The Brain Fitness Program is based on the brain’s ability to change, adapt, and even rewire itself to compensate for injuries, impairments or changes from normal healthy aging.

Introduction:
Wendy Holton, Esq., MT, Member, Conference Executive Committee

Speaker:
Dr. Michael Merzenich, Ph.D., Co-Founder and Chief Scientific
Officer, Posit Science

11:15 a.m.

Break

11:30 a.m.

Conversation with The Solicitor General Elena Kagan
Conversation Participants
Hon. Alex Kozinski, Chief Judge
Kelli L. Sager, Esq., CAC, Chair, Conference Executive Committee

12:15 p.m.

Closing Remarks and Adjournment
Kelli L. Sager, Esq., CAC, Chair, Conference Executive Committee

12:30 p.m.

Conference Executive Committee Farewell Luncheon