INSIDE THIS ISSUE

News From National pg.2-3

U.S. Attorney’s BeginE-Filing pg.3-4

Judge Woods Retires pg.4

DOL Revises White CollarExemptions pg.4-6

Dave Weaver pg.6

New Lawyer’s SeminarDecember 7 & 8 pg.6-7

Chief Judge Friedman pg.7-9

Award Named After CharlieRutherford pg. 9-10

Goldsmith Appointedto Oakland Bench pg.10

WWWWWinter 2004inter 2004inter 2004inter 2004inter 2004

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FBA ewsletterFederal Bar Association - Eastern District of Michigan Chapter - 47 years of service to our Federal Bench and Bar

NPresident’s

ColumnDennis M. Barnes

wwwwwwwwwwwwwww.FBAmich.org.FBAmich.org.FBAmich.org.FBAmich.org.FBAmich.org

Journalist John C. Sherwood ToDiscuss “One Family’s Flight:The Crosswhite Case”

On November 17, 2004, the Chapter will host its an-nual Rakow Scholarship Awards Luncheon in conjunctionwith the Annual Meeting of the Historical Society for theEastern District of Michigan at the Hotel Pontchartrain.

This year’s Historical Society program is entitled: “OneFamily’s Flight: The Crosswhite Case.” The clandestineactions of the Underground Railroad rarely came under theeye of the federal courts, but a notable exception occurredin Michigan in the late 1840’s. A Kentucky slave ownersued residents of the Village of Marshall in the Federal Dis-trict Court in Detroit for damages for helping an entire familyavoid capture by a posse. John C. Sherwood, a Marshallnative now living in Pennsylvania, and a journalist withGannett newspapers since 1974, will discuss the case.

Rakow Luncheon To BeFollowed By Panel DiscussionOn The Crosswhite Case

As a follow-up to the Rakow Scholarship Luncheon onNovember 17th, the Wayne State University Law Schoolwill host a panel discussion: “The Crosswhite Case: AJudge’s Dilemma Over the Rule of Law” in the Spencer M.Partrich Auditorium, 471 W. Palmer. Judge Patrick J.Duggan will moderate a distinguished panel consisting ofDistrict Judge Avern Cohn, Journalist John C. Sherwood,

Constitutional LawProfessor Christo-pher Peters and Rail-road HistorianMichelle Johnson.

Admission to thePanel Discussion isfree, and parkingwill be available.For additional infor-mation, please e-mail Coco Siewart ate.siewert@wayne.edu.

(see page 2)

WINNERN a t i o n a lF B A2 0 0 32 0 0 32 0 0 32 0 0 32 0 0 3

AND2 0 0 42 0 0 42 0 0 42 0 0 42 0 0 4OutstandingNewslet terA w a r d

(see page 2)

The Federal Bar As-sociation held its Na-tional Meeting and Con-vention in Cincinnati onOctober 2 - 5, 2004.

Julia Pidgeon and I represented the Chapter asits delegates, Brian Figot attended as theassociation’s Vice President for the Sixth Circuit,and past presidents Dennis Clark and AlanHarnisch were also in attendance, showing theircontinued dedication to the FBA. Dennis Clark waselected to the Board of Directors of the FederalBar Foundation.

At the convention, the National Council attendedto the important business of the national associa-tion, such as setting national priorities, approvinga financial report, adopting a budget and electingnational officers for the coming year. Congratula-tions to Thomas Schuck, who will assume the du-ties as our national President for the coming year.

I am particularly pleased to report that the FBArecognized the distinguished achievements of theEastern District of Michigan Chapter in a numberof areas. There are over 90 FBA chapters nation-wide, and our chapter has been recognized asone of the very best. Specifically, the Chapter washonored to have received three awards:

• the Presidential Excellence Award, in recog-nition of superior chapter activities in the areas ofadministration, membership, programming andmember outreach;

• the Outstanding Newsletter Award; and• a Chapter Activity Award Presidential Citation

for the Bankruptcy Lun-cheon Program.

Congratulations to pastand current officers,board members, commit-tee chairs, editors, andmembers for your out-standing work.

One prime example ofthe benefits of being thelocal chapter of a national

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President’s Column (continued)Journalist John C. Sherwood(continued)

The Rakow Scholarship Awards Luncheon honors thememory of Edward H. Rakow, who served as AssistantRegional Administrator for the Securities and ExchangeCommission in Detroit for 26 years, and who was instru-mental in founding our Chapter of the FBA. The luncheonwill feature the Rakow Award Scholarships presented eachyear to an outstanding students from each of the State’s sixlaw schools.

A reception will begin at 11:30 a.m., with lunch andthe program following. Tickets are $25 for FBA membersand $30 for non-members. To make reservations or formore information, please contact Program Chair BarbaraMcQuade at (313)226-9725 or e-mail barbara.mcquade@usdoj.gov.

News FromNationalBy Sixth CircuitRepresentativeBrian Figot*

FederallyEmployedAttorneys:Why National?

Whether your connection to federal law is through pri-vate practice or as an employee of the federal government,you will benefit by maintaining membership in the Nationalorganization of the Federal Bar Association, as well as theE.D. Mich. Chapter. Moreover, U.S. government employ-ees will benefit from dual membership whether they prac-tice in federal court or in and/or before an agency of thefederal government. This has been true historically and itremains true today.

When the Federal Bar Association was formed in 1920,it had a membership requirement which excluded all butthose who were employees of the federal government. Moreparticularly, it was established by and for attorneys whoseplace of employment was Washington, D.C. Its meetingswere all held in Washington, D.C.; one had to be stationedin D.C. in order to hold office; and its sole purpose was torepresent the interests of government attorneys in D.C. Inshort, the FBA was a small, very specialized guild.

However, the 1920s provided a watershed in our na-tional development, as the federal government began anexponential growth which would take its expenditures from2.5 percent of gross national product to 22.5 percent of

organization with the prestige of the nationalFederal Bar Association was the United StatesSupreme Court Swearing-In Ceremony heldon October 20, 2004. This was the first suchceremony to be conducted in the Eastern Dis-trict of Michigan. General William K. Suter,Clerk of the Supreme Court of the UnitedStates, administered the oath to the newlyadmitted attorneys, and then offered his in-sightful and entertaining remarks on the Su-preme Court today. General Suter is a mem-ber of the FBA, and he has been a steadysupporter of the FBA, speaking to many chap-ters across the country. Immediately after theformal program, the Chapter hosted a recep-tion for General Suter at the Detroit Club. Byall accounts, the event was a success. Theevent co-chairs, Kathleen Nesi and TomMcNeill, did an outstanding job, and deserveour thanks.

The mission of the FBA is “to advance thescience of jurisprudence and to promote thewelfare, interests, education, and professionalgrowth and development of the members ofthe Federal legal profession.” Of course, thismission is a journey, not a destination. To con-tinue this journey and maintain the vibrancy ofour chapter, each of us must continue to buildon the good work of the past while staying fo-cused on the future. The Supreme CourtSwearing-In Ceremony is a good example ofhow we can do just that.

General William K. Souter, Clerk of the Supreme Court of the United States,with Chapter Past President Dennis J. Clark, Event Co-Chair Thomas G.

McNeill, Chapter President Dennis M. Barnes, Sixth Circuit RepresentativeBrian Figot, and Event Co-Chair Kathleen Nesi.

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GNP in just over seventy years. The number of federalattorneys also grew and their offices increasingly came tobe located in the hinterlands. For example, in 1942, theDepartment of Labor had one attorney in Detroit; by 1971,the NLRB by itself had 23 locally employed attorneys. TheU.S. Attorney’s Office nearly doubled during the same pe-riod, as there were 7 AUSAs in 1942 (including Thomas P.Thornton) and 13 in 1971 (while the number of U.S. Dis-trict Judges increased from 5 to 9 – including Thomas P.Thornton).

As a result, the FBA came to include federal attorneyswherever located. At the midpoint of the growth period, in1957, the Detroit Chapter of the FBA was formed.

Federal practice has continued to grow, and the FBAhas grown with it. Membership is now open to “any per-son admitted to the practice of law in a Federal court orcourt of record in any of the several states, commonwealths,territories or possessions of the United States or in the Dis-trict of Columbia . . . .” The only requirement is (a) currentor previous government employment “as a legislator, judge,lawyer, or member of a quasi-judicial board or commis-sion”; or (b) a “substantial interest” or participation “in thearea of Federal law.”

In recent years, however, membership has come to becomposed more of attorneys in federal practice than of fed-eral attorneys. Approximately 10% of FBA members na-tionally are government employees – and in this Districtthe percentage is even lower. Membership numbers areway up; federal employee membership is down.

The reasons for the decrease have been debated amongnational and local leadership for several years. Whateverthe cause, however, I am convinced that it is NOT a matterof diminished benefits to government employee members.More than ever, the FBA is the first and foremost organiza-tion for federally-employed attorneys. The FBA

• Does more for federal employees, as it lobbiesCongress on behalf of issues of interest not just to the judi-ciary, but to federal attorneys generally including:

– Enhancements to compensation packages, includ-ing pay and retirement benefits, to assist in recruit-ment and retention;– Expansion, consistent with applicable conflict ofinterest laws, of policies encouraging full partici-pation in professional organizations, including ap-proval for use of administrative time;– Enhanced federal funding for participation in con-tinuing legal education and training programs, in-cluding paid tuition and administrative time; and– Establishment of programs for student loan de-ferral and repayment assistance for all federal at-torneys, including federal law clerks, federal de-fenders and judge advocates of the Armed Forces,in support of recruitment and retention efforts.

See http://www.fedbar.org/legis.html

• Provides opportunities to socialize, network andlearn with and from your peers, attorneys that you workwith and against, and other attorneys who have similar in-terests, concerns and goals – whether in the public or pri-vate sector, and nationally as well as locally;

• Costs less than organizations that do less. For ex-ample, membership in the ABA is more than three timesmore, per year, than FBA membership;

• Provides discounted membership rates for publicsector employees under the revised FBA dues structure;

• Has 25 national divisions and sections related toareas of federal practice.

Federal attorneys: It is not a question of WHY; it is aquestion of WHY NOT. It is time to re-join the FederalBar Association, or provide yourself a legitimate reasonwhy not.

*Brian Figot is an attorney with Stephen M. Landau, PC.

U.S. Attorney’sOfficeBegins E-FilingBy L. Michael Wicks*

As a participant in the U.S.District Court’s electronic filingpilot program, I was one of thefirst lawyers to electronically filea brief with the Court. The ac-

tual filing, which entailed logging onto the Court’s e-filingwebsite and following the numerous prompts provided bythe Court’s electronic filing software, only took about fif-teen minutes. Most filings will take less time, but in thiscase, each of the eight exhibits attached to the brief had tobe individually described and filed as separate attachments.There were three other people in my office providing guid-ance, including the Systems Manager, since we were treat-

(see page 4)

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ing this e-filing event as roughly analogous to Marconi’sfirst wireless radio transmission.

Using the Internet to file electronic documents is a sub-stantial change for someone who is accustomed to manualpaper filing. Any anxiety associated with the new filingprocedures was allayed by the Court’s provision of a “helpdesk” to assist novice e-filers. And for those of you con-cerned about losing pleadings in cyberspace, the Court pro-vides an immediate confirmation of each e-filing. I wasrelieved when I received the Court confirmation in this case.

Litigants should eventually see considerable time sav-ings compared to manual filing. There was no photocopy-ing, envelopes, labels, or trip to the Clerk’s Office normallyrequired by paper filing. The Court’s staff assigned to elec-tronic filing is dedicated, knowledgeable and quite commit-ted to making the transition to a paperless clerk’s office.Although this initial electronic filing was a unique experi-ence, it also seemed to be a logical extension of what law-yers and their staff have been doing for years. We alreadyare used to creating and managing our own pleadings elec-tronically through the use of computer word processing pro-grams. Electronic filing simply continues a legal document’selectronic existence with the Court and expands our elec-tronic access to all of the documents filed in a case.

*L. Michael Wicks is Chief of the Civil Division, U.S. Attorney’sOffice.

Judge WoodsRetiresBy Susan J. Evans*

This August marked the end

of a distinguished fifty-five yearlegal career for Judge George E.Woods when he officially retiredfrom the bench. His witty banterand impressive work ethic will bemissed by both the bench and thebar.

Judge Woods was appointed as a United States DistrictJudge for the Eastern District of Michigan by PresidentRonald Reagan on November 16, 1983. Judge Woods tooksenior status in 1993. Prior to joining the bench as a dis-trict judge, he was appointed as a bankruptcy judge for theEastern District of Michigan. He served from 1981 untilhis appointment to the district court bench. Judge Woodsagreed to accept the appointment to the bankruptcy benchto assist in restoring credibility and structure to the Courtafter a scandal in the clerk’s office impacted the Court’spublic image.

Judge Woods was called to public service early in hislegal career. He served as an Assistant Prosecutor for Oak-land County and honed his litigation skills. His experienceat the state level led to a successful career as an AssistantUnited States Attorney for the Eastern District of Michi-gan.

He began his federal service in 1953 when he was se-lected as the Chief Assistant United States Attorney. Heultimately was appointed United States Attorney in 1960. In 1961 he stepped down due to a change in the presidency.

Judge Woods then created a successful private practiceas a criminal trial attorney. He handled many high profilecases. His expertise as a litigator earned him membershipin two prestigious organizations: The International Acad-emy of Trial Lawyers and the American College of TrialLawyers. He is also a charter member of our FBA Chap-ter.

Judge Woods’ devotion to the pursuit of justice waswidely heralded by practitioners in the Eastern District, aswell as the other courts for which he sat by designation. Infact, he earned the moniker “White Tornado” when he helpedclear the docket in New York a number of years ago. Lo-cally, he was often referred to as the week-end judge due tohis penchant for holding trials on Saturdays.

Judge Woods’ presence will be missed. Retirement hasallowed him to spend more time with his wife and family. It has also provided him with an opportunity to pursue hishobbies more fully. One can only imagine what JudgeWoods might accomplish in retirement if he approaches hishobbies with the same zeal that he applied to cases on hisdocket.

*Susan J. Evans is a former law clerk to the Honorable GeorgeE. Woods.

DOL Revises TheWhite CollarExemptionsBy Michael A. Alaimo*

On April 23, 2004, the U.S. De-partment of Labor issued final regu-lations “Defining and Delimiting theExemptions for Executive, Adminis-trative, Professional, Outside Salesand Computer Employees.” These

regulations substantially revised and reorganized the rulesgoverning what are commonly known as the white collarexemptions to the overtime and minimum wage require-ments under the Fair Labor Standards Act (“FLSA”) foundat 29 CFR Part 541. These revised white collar regula-tions took effect on August 23, 2004. The issuance of thesefinal rules received considerable attention because, amongother things, they determine which employees an employer

Michael A.Alaimo

JudgeGeorge E. Woods

E-Filing (continued)

5

need not pay overtime to and because the newly publishedregulations represent the most significant change to the whitecollar exemption rules in over 50 years.

The white collar exemptions are found under §§13(a)(1)(executive, administrative, professional and outside sales)and 13(a)(17) (computer employees) of the FLSA. How-ever, in enacting §13(a)(1) as part of the FLSA in 1938,Congress did not define such terms as “executive,” “ad-ministrative,” “professional,” or “outside sales.” Instead,it specifically authorized the Secretary of Labor to “define[] and delimit[ ] [such terms] from time to time by regula-tions ...” Pursuant to this statutory authorization, the De-partment originally issued implementing regulations in Oc-tober, 1938. The last substantive changes to the regula-tions were made in 1954. On March 31, 2003 the Depart-ment issued a notice of proposed rule making with regardto Part 541. Over 75,000 comments were received by theDepartment. After considering these, it issued the final rulesin April, 2004. The more significant requirements of therevised white collar rules are set forth below.

Overview. There are still two tests that an employeemust meet in order to qualify as exempt: (1) salary test and(2) duties test.

Salary. The minimum salary requirement has been in-creased to $455 per week. There is also a highly compen-sated test for employees who are guaranteed $100,000 an-nually and who receive the required $455 per week. Anemployee who is paid at least $455 weekly but less than$100,000 annually must also meet all of the duties for atleast one of the exemptions set forth below. On the otherhand, the highly compensated employee, in order to be ex-empt, need only meet one of the duties for the executive,administrative or professional exemptions.

Executives. Such an employee must have as his/herprimary duty, the management of a definable unit withinthe company (e.g. a department or division); must give workdirection to at least two full-time employees (or, four half-time employees); and have the authority to hire/fire or makerecommendations concerning hiring/firing or other changesin employee status. Their recommendations must be givenparticular weight by their superiors.

Administrative Employees. In order to qualify forthis exemption, an employee must have as his/her primaryduty, office or nonmanual work directly related to the man-agement or general business operations of the employer orthe employer’s customers; and must exercise discretion andindependent judgment concerning matters of significance.Among the functional areas where such employees are likelyto be found are tax, finance, auditing, quality control, per-sonnel management, labor relations, etc.

Professionals. Such an employee must have as his/herprimary duty work requiring knowledge of an advanced typein a field of science or learning customarily gained by aprolonged course of specialized intellectual instruction. Thismeans that work performed by such an employee requires

the use of knowledge that is usually acquired in obtaining acollege degree. In addition, the work must be predomi-nantly intellectual in nature and must include the exerciseof independent judgment and discretion. This exemptionalso covers the creative professional whose work requiresinvention, imagination, originality or talent in a recognizedfield of artistic or creative endeavor (e.g. artists, musicians,actors).

Computer Employees. In order to qualify for this ex-emption, an employee must have as his/her primary dutythe application of systems analysis techniques and proce-dures to determine hardware, software or system functionalspecifications; the design, development, analysis, creation,testing or modification of computer systems or programs;or the design, documentation, testing, creation or modifica-tion of computer programs related to machine operatingsystems. (Note: as an alternative to the $455 weekly sal-ary, this employee may be paid $27.63 per hour).

Outside Sales. This employee has as his/her primaryduty making sales or obtaining orders or contracts for ser-vices or the use of facilities while customarily and regu-larly away from his employer’s place of business. (Note:there is no salary requirement.)

Disciplinary Deductions. Prior to the effective dateof the new white collar regulations, employers were per-mitted to suspend exempt employees for a full week only.The revised rules permit employers to suspend exempt em-ployees in full-day increments. This revision recognizesthe numerous additional statutory obligations that have beenimposed on employers - e.g., eliminating unlawful discrimi-nation and harassment in the work place - which necessar-ily require the employer to monitor its workforce and disci-pline those supervisors who act unlawfully. Thus, for ex-ample, employers are now permitted to suspend offendingsupervisors in full-day increments where the following re-quirements are met: (1) the suspension is for serious mis-conduct, not performance, (2) pursuant to a written policy,and (3) pursuant to a work place rule which is generallyapplicable to all employees.

(see page 6)

Call For McCree AwardNominees

The Wade H. McCree, Jr. Award Luncheonwill be held in February 2005. The Chapter So-cial Justice Committee is soliciting names of po-tential recipients of the Wade H. McCree, Jr.Award for the Advancement of Social Justice.Please submit all names to Karen Gibbs (313)226-9705 or Miriam Siefer (313) 961-4150, nolater than January 1, 2005.

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Exemptions (continued)Safe Harbor. To encourage employers to identify and

correct improper deductions, the revised regulations includea safe harbor provision under which improper deductionswill not result in the loss of the exemption for any employ-ees subject to the improper deductions where the employer(1) has a clearly communicated policy that prohibits im-proper pay deductions, (2) has a complaint mechanism bywhich employees can notify the employer of the failure toreceive their salary, (3) reimburses employees for any im-proper deductions, and (4) makes a good faith commitmentto comply in the future.

The Department of Labor has promised to vigorouslyenforce the new regulations. The 30% increase in backwages collected by the Department over the last three yearsover the preceding year strongly suggests that the Depart-ment is serious about ensuring compliance. Moreover, theseincreased back wage recoveries have been obtained whiledoing fewer investigations. The clear import is that Wage& Hour investigators have been doing “wall-to-wall” au-dits of an employer’s workforce regardless of the reasonfor their visit and are likely to continue to do so in the fu-ture. Thus, there is even greater reason for employers toreview the duties being performed by exempt employees aswell as pay practices and policies to ensure that they are incompliance with the newly revised white collar regulations.

*Michael A. Alaimo is an attorney with Miller, Canfield, Pad-dock & Stone, PLC.

From CourtAdministratorDave Weaver

2006 Sixth Circuit Judi-cial Conference

In giving his first “State ofthe Court” speech at the Sep-

tember 23, 2004 FBA Luncheon, one of the many topicsChief Judge Friedman discussed was the possibility thatDetroit would be chosen as the site for the 2006 Sixth Cir-cuit Judicial Conference. I am pleased to announce that thechoice has now been made by Sixth Circuit Chief JudgeDanny Boggs, and Detroit will be the site for the Confer-ence.

The Conference will take place May 17-20, 2006 atthe Detroit Marriott. One important reason Detroit wasselected is the strong relationship between the Court, theFederal Bar Association and the Bar in general. Chief JudgeFriedman will be calling on the Bar to participate in plan-ning and conducting the conference.

If you and/or your firm are interested in taking a directrole in preparing for this important conference, please con-tact me at mie_fba@mied.uscourts.gov.

Historical DisplayChief Judge Friedman recently met with the represen-

tatives of the Court Historical Society regarding a newexhibit being planned for the Society’s museum on the 1stfloor of the Theodore Levin United States Courthouse.

Chief Judge Friedman has proposed that a Court Arti-facts Exhibit be prepared that will display unique itemsfrom our Court’s long history. The Court is actively iden-tifying and collecting items for the display.

Several of you have practiced for many years in theEastern District and have established long-standing profes-sional relationships with members of the Bench. If youhave something that you think might be of interest for thisnew display and would be interested in donating or loaningit to the Court, please send me an e-mail atmie_fba@mied.uscourts.gov with a description and approxi-mate size of the item or items. Appropriate recognitionwill be given to anyone who donates or loans an item fordisplay in the exhibit.

Electronic FilingThe Court’s official CM/ECF Web site can be accessed

at www.mied.uscourts.gov. The site allows attorneys toregister for electronic filing and access an on-line CM/ECFtutorial. ECF Policies and Procedures, a full User’s Manualand frequently asked questions are also posted. The sitecontains information on how to contact the CM/ECF helpdesk as well.

Almost 1,000 attorneys are now registered users in CM/ECF. However, only about half of those registered usersare actively filing electronically. If you are registered pleasedon’t wait! We want and need you to e-file! If you havequestions or need training information please visit theCourt’s web site noted above for additional resources.

Remember, if you have any questions or comments,please send them to me at mie_fba@mied.uscourts.gov.

FBA To Sponsor New Lawyer’sSeminar December 7 and 8

The nationally acclaimed (and copied) annual NewLawyer’s Seminar will be held on Tuesday and Wednes-day, December 7 and 8, 2004, at the Hotel Pontchartrain indowntown Detroit.

The Seminar, now in its 28th year, utilizes a “nuts andbolts” how-to-do-it approach which is designed to assistrecent graduates in understanding certain areas of substan-tive practice and the fundamental procedures followed inthe United States District Court for the Eastern District ofMichigan and in the State courts in Wayne, Oakland andMacomb counties, featuring a faculty that is made of judges,court personnel and practicing attorneys who are well quali-fied to present their respective subjects.

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The first day of the Seminar, December 7, is “FederalDay,” with intensive focus upon the practicalities of fed-eral practice, followed by a swearing-in ceremony whichwill be coordinated by the Clerk’s Office of the EasternDistrict of Michigan. (Separate registration with, and pay-ment to, the Clerk’s Office is required for the swearing-in.For information regarding the swearing-in ceremony clickon:

h t tp : / /www.mied .uscour ts .gov/_whatsnew/2004_mass_swearingin_notice.pdf)

The second day, December 8, is “State Day” and leadsthe uninitiated through the vagaries of the tri-county courtsystems, with a luncheon at the Hotel Pontchartrain, usu-ally addressed by the Chief Judge of the Wayne CountyCircuit Court.

Additionally, for each subject covered, there is an ac-companying outline and/or substantive article, convenientlyformatted for word searching on a CD-Rom.

Over the years, this Seminar has been copied, first na-tionally by other FBA Chapters and more recently by localbar associations and lawfirms. However, it re-mains unparalleled bothin content and in pricing.The two-day Seminar,reception, luncheon andSeminar materials areall provided for only$65.00 to FBA mem-bers; $95.00 to non-members. A specialprice of $140.00 includesthe seminar plus oneyear of membership inboth the Federal Bar As-sociation and the E.D.Mich. Chapter.

Co-chairs for theseminar are attorneysBrian Akkashian, Chris-tine Dowhan-Bailey, Brian Figot, Grant Gilezan, GenevaHalliday and Cathrine Wenger.

Reservation checks should be made payable to the Fed-eral Bar Association, and mailed to New Lawyers’ Semi-nar, Box 310610, Detroit MI 48231-0610.

On-line registration with secure payment by credit cardis available at www.fbamich.org.

If you have any questions, email the FBA atfbamich@fbamich.org or call Brian Figot at (248) 593-5928.

Chief JudgeBernard A.FriedmanBy Jennifer LossiaMcManus*

If you don’t know Chief JudgeBernard Friedman from visits to hiscourtroom, you may have seen himrunning on his weekly downtown

run, conducting an immigration ceremony at a local school,or picking up a sandwich during lunch. Chief Judge Fried-man serves the community in many ways. Although he didnot like school as a child and young adult, today he enjoyshis role as a teacher and mentor to many.

While a student at Mumford High School in Detroit,Judge Friedman and his friend started a bagel route. Hewent to Eastern Market, lined up a supplier of wholesale

lox and smoked fish,made similar arrange-ments with a Detroitbagel factory, and ne-gotiated a discount ondairy products from alocal grocer. He andhis friend sold bagels toresidents in PalmerWoods, Sherwood For-est, and Green Acres.Most of their custom-ers had standing or-ders, and once a weekJudge Friedman andhis friend would dropoff bagels, and pick upthe following week’sorder forms. Businesslasted until graduation,when Judge Friedman

was forced to go to college.At first he did not want to go to school at all. However,

his father insisted that he not only get a college degree, butthat he also pursue an advanced degree. He grudginglywent to Highland Park Junior College, and then to the De-troit Institute of Technology while working full time at ahospital. Judge Friedman studied business administration,but when asked about his classes, jokingly admits that he“only took the easy ones.”

While at the Detroit Institute of Technology, one after-noon he wandered into the Detroit College of Law on awhim. He saw that the application to the law school con-sisted of only a 5x7 note card, and asked the receptionist ifhe could apply. He explained that he had not finished col-

Accepting one of several awards bestowed upon the Chapter at the FBA’s nationalconference are Chapter President Dennis M. Barnes, Immediate Past President Dennis

Clark, Past President and Sixth Circuit Representative Brian Figot andPresident-Elect Julia Caroff Pidgeon.

(see page 6)

Chief JudgeBernard A. Friedman

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Contract Counsel

lege, and had not taken the LSAT. The receptionist toldhim that he could still apply, so long as he took the LSAT inthe near future, and did well on it. He applied to law school,and was accepted.

Judge Friedman loved law school. He stopped work-ing at the hospital so that he could devote all of his energyto studying. He never finished college, never took the LSAT,but graduated near the top of his class, and was awardedthe Detroit College of Law Alumni Scholarship for excel-lence in the study of law. He explains that law school wasthe first time in his life he was ever really interested in school.Today he encourages young students to work hard, and en-joys teaching them about the law. He regularly has elemen-tary students in his court room, allowing them to hold mocktrials, sit in the jury box, the witness stand, and even hisbench.

Judge Friedman met his wife, Rozie, while he was inlaw school. Rozie is the cousin of one of Judge Friedman’sformer study group partners. Rozie, originally from WestVirginia, and Judge Friedman were both at her cousin’s wed-ding in New York when they met. Rozie was still in highschool, and was just getting ready to go to college. Theydated off and on for a couple of years, until getting marriedin 1970. They have two children and three grandchildren.Pictures of Rozie, their children and grandchildren coverthe walls of Judge Friedman’s chambers.

Judge Friedman was a member of the army reserveswhile he was in law school. In 1968, just weeks before hewas scheduled to take his finals, he received papers to gointo active duty. The Detroit College of Law allowed himto take his finals early, and then took him immediately fromhis exam room to a bus that transported him directly towhere he was to report for active duty. He took the barexam after returning from his tour.

Judge Friedman’s legal career began as an assistantprosecuting attorney for the Wayne County Prosecutor’sOffice. He worked there for three-and-a-half years, andwas in the homicide division before starting his own prac-tice. Judge Friedman met former Judge Dalton Robersonand Bob Harrison at the prosecutor’s office, and the three

of them started a general practice firm. Their firm even-tually merged with another Detroit area firm.

In 1982, Governor Milliken appointed Judge Friedmanto the 48th District Court. He ran for re-election and won.In 1988 President Reagan appointed Judge Friedman to theU.S. District Court. Judge Friedman did not bring his par-ents or children to his confirmation hearing, because hethought that the Senate was going to discuss a controver-sial case from his private practice. However, with Rozieby his side, Judge Friedman had a great experience at hisconfirmation hearing, and no problems arose.

Senator Levin gave a glowing statement to the Senateon behalf of Judge Friedman, stating “one of the things thathe specializes in is making the law come alive for people.”Senator Levin noted Judge Friedman’s numerous contribu-tions to the community as a state court judge. While in the48th District Court for seven years Judge Friedman wrote aweekly column in the Oakland Press entitled “It’s YourCourt.” The column answered letters from readers re-garding a variety of legal issues. He also filled in on a radioprogram on WXYT entitled “You be the Judge,” in whichpeople called in to give sentencing suggestions for variousissues.

Judge Friedman was also the first judge in the state totake actual court cases to local schools. Drunk drivingcases were among the many jury trials he would conduct inlocal high schools. He continues that practice today, andoften holds his motion call at local law schools. He alsoheld hands-on seminars on small claims court at local li-braries to help familiarize people with a simpler legal sys-tem that does not require attorneys, appeals, or a jury. JudgeFriedman created a videotape on search and seizure forstudents to help stimulate discussion of the Fourth Amend-ment of the Constitution.

Today, Judge Friedman continues to enjoy his role as ateacher. As a federal judge he began a program to takeimmigration ceremonies to local schools. He has conductedimmigration ceremonies at countless schools, often followedwith a small reception for the new citizens and their fami-lies.

Judge Friedman also joined a coalition betweenMichigan’s different ethnic communities, including the Arab,Asian, Chaldean and Jewish communities, to promote im-migration, and has conducted immigration ceremonies attheir respective cultural centers. He coordinates annual tripsto Milan Correctional Facility for community leaders andcourt staff and interns, and regularly has a library full ofinterns from local law schools and colleges.

Judge Friedman became Chief Judge of the court ear-lier this year. One of his primary initiatives is to develop acivility ombudsman office for the federal court. He hopesthat the creation of this position will help to elevate theprofessional courtesy exchanged between lawyers, judges,and the public. He has received a lot of input from otherjudges and the federal bar, and plans to have an ombuds-

Judge Friedman (continued)

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Calendar of Events

Go to Chapter websitewww.fbamich.org/Events & Activities

man appointed soon. Judge Friedman will also have a con-ference with state court judges in the near future to coordi-nate a similar program with the state courts.

In his free time, Judge Friedman goes on regular runs,works in his wood shop, goes “antiquing” and babysits hisgrandchildren whenever he’s asked.

*Jennifer Lossia McManus is a former law clerk to Judge Fried-man and is an attorney with Miller, Canfield, Paddock & Stone, PLC.

New State BarAward NamedAfter CharlieRutherfordBy Adam B. Strauss*

The Senior Law Section of theState Bar of Michigan has awardedthe first “Senior Lawyers Award”to Charles R. Rutherford, a pastpresident of our Chapter. The award

has also been named the “Charles R. Rutherford SeniorLawyers Leadership Award” and will be conferred peri-odically on a worthy recipient. The intent is to provide thisaward to those Section members who have demonstratedqualities of leadership within the legal profession, highlightedby an extensive devotion of time, service and tireless effortin leadership positions within the State Bar of Michigan orother elements of the organized Bar.

Charlie was born in Toledo, Ohio. In 1946, he gradu-ated from Toledo Waite High School (named after formerU.S. Supreme Court Chief Justice Morrison R. Waite).During high school, he played baseball, basketball and rancross-country. He was also a bat boy for the Toledo MudHens. After high school, he enlisted in the United StatesArmy and was stationed with the 63rd Inf. Reg. in Kunsan,Korea where he served with an infantry unit after WorldWar II. Following an honorable discharge in January, 1948,he enrolled in The Bill McGowan School for BaseballUmpires in Florida. He umpired professional baseball inthe Ohio-Indiana League for two seasons in 1949 and 1950.

In September 1948, he enrolled in the University ofDetroit, College of Engineering. When the Korean Warstarted in 1950, he joined the U.S. Air Force R.O.T.C. pro-gram. In 1953 he graduated from the engineering schoolwith a B.C.E. degree, was commissioned as a Second Lieu-tenant in the United States Air Force, and began a career asan engineer with Houdaille Hershey Corporation in High-land Park. That same year, he was also interested in fur-thering his education, so he enrolled in law school at theUniversity of Detroit, and received his J.D. Degree in 1957.Not satisfied with simply taking the Michigan bar exam in1957, he also successfully passed his professional engi-neering exam, and the patent bar exam that same year.

November 17Rakow Scholarship Awards Luncheon &Historical Society Annual MeetingSpeaker: John C. Sherwood”One Family’s Flight: The Crosswhite Case”Hotel Pontchartrain11:30 a.m.Contact: Barbara McQuade, at 313-226-9725or register on-line at www.fbamich.org

December 7-8New Lawyers SeminarHotel Pontchartrain8:15 a.m.Contact: Brian Figot, at 248-593-5928or register on-line at www.fbamich.org

Following law school, Charlie was employed as a patentattorney at Vickers, Inc. until 1959. From there, he en-tered private practice with the patent law firm of Whitmore,Hulbert, & Belknap until 1975. He then joined the intellec-tual property firm of Cullen, Sloman & Cantor, which even-tually became Cullen, Sloman, Cantor, Grauer, Scott & Ru-therford. In 1988, that firm merged with Dykema Gossett.He is currently a member of Dykema Gossett’s Intellec-tual Property Practice Group.

In addition to his career in private practice, he alsocontinued with his military service in the United States AirForce Reserve. After he passed the bar, he transferred tothe Judge Advocate General Department Reserve, wherehe was a JAG officer. He retired in 1984 with the rank ofcolonel. His last duty assignment was with the 379th Com-bat support Group, Wright Patterson Air Force Base, Day-ton, Ohio.

He has also been active in many bar associations. Hewas introduced to the FBA in the early 1960s, when EdRakow and Wally Riley asked him to join. Back then, theChapter had monthly luncheon meetings and programs atthe Sheridan Cadillac Hotel, and had a membership of ap-proximately 100 members. He served as Chapter presidentfrom 1970-1971.

Charlie is also a past president of the Federal Bar Foun-dation of Detroit, and currently serves on the Foundation’sBoard of Trustees and is Secretary of the Board. He is alsopast president of the Detroit Metropolitan Bar Associationand the Detroit Bar Foundation. He has also served in theHouse of Delegates of the American Bar Association andon the Board of Commissioners of the State Bar of Michi-gan. He served for many years on the Board of Trustees,Michigan State Bar Foundation where he served as Presi-dent for six years. He is currently serving as Secretary of

(see page 10)

Charles R.Rutherford

10

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the Fellows of the Michigan State Bar Foundation.He holds or has held positions as an officer or board

member of the Legal Aid and Defenders Association, Met-ropolitan Youth Symphony, Michigan Supreme Court His-torical Society, Detroit Rotary Club, Detroit Rotary Foun-dation, the Grosse Pointe Symphony Association, The In-corporated Society of Irish/American Lawyers and LoyolaHigh School. He is also a life member of the NAACP anda Paul Harris Fellow of Rotary International.

He has received several awards, including the Alum-nus of the Year Award from the University of Detroit MercySchool of Law, the Monsignor Charles J. Malloy Award ofthe Catholic Lawyers Society and the Tower Award fromthe University of Detroit Mercy Alumni Association. He isan honorary member of the Frank Murphy Honor Society,University of Detroit Mercy School of Law and was in-ducted into the Distinguished Waite Alumni Organizationby the Toledo Waite High School Alumni Association.

Charlie Rutherford is a resident of Grosse Pointe Park.He and his wife Pat have been married for almost fortyyears, and have two sons – Charles, an attorney, and John,a professional musician.

I have had the pleasure of working with and learningfrom Charlie Rutherford since joining Dykema Gossett fouryears ago. Initially, I was surprised by the number of timesthat judges and attorneys would ask me to send Charlietheir regards. After I got to know him, however, I easilyunderstood why. In days when law firms seem at times tobe too corporate, he reminds us all that we are in a profes-sion – not just a business.

Charlie Rutherford’s distinguished service to our Chap-ter, as well as his leadership and involvement in numerousother legal and professional associations, not only make himan obvious choice to be the Senior Lawyers Award’s firstrecipient, but also set a high standard for future recipientsto meet.

*Adam B. Strauss is an attorney with Dykema Gossett, PLLC.

Chapter OfficerMark GoldsmithAppointed ToOaklandCircuit Bench

On March 19th, Chapter Of-ficer Mark A. Goldsmith wassworn in as a Judge of the Oak-land County Circuit Court. Gov-ernor Jennifer Granholm ap-pointed Judge Goldsmith to fill theseat formerly held by Judge

Patrick J. Brennan, who died on February 9th.Judge Goldsmith began his legal career with Paul,

Weiss, Rifkind, Wharton & Garrison in New York City. Afew years later, he moved to Michigan where he built a solopractice, specializing in civil litigation and handling somecriminal work. In 1997, he joined Honigman, Miller,Schwartz & Cohn LLP in Detroit, where he specialized incommercial litigation.

The Chapter has been privileged to benefit from JudgeGoldsmith’s service and dedication. His significant contri-butions include having served as Program Chair and ProBono Chair, and his current service as Secretary.

In addition to his involvement with the Chapter, JudgeGoldsmith has also served as a Hearing Panelist for theAttorney Discipline Board, and as special counsel to theState Bar Committee on the Unauthorized Practice of Law.He is a former president of Congregation Beth Shalom andthe regional advisory board member for the Anti-Defama-tion League.

He is a Detroit native who was a member of the firstgraduating class at Hillel Day School of Metropolitan De-troit. He continued his education at Cass Technical HighSchool and the University of Michigan, where he gradu-ated with honors in Economics. He graduated cum laudefrom Harvard University Law School in 1977.

Judge Goldsmith’s investiture ceremony included manycurrent and retired judges from the state and federal courts,as well as attorneys, co-workers, family members andfriends. Our congratulations to Judge Goldsmith on hiscontinued success!

State Of The Court Luncheon

This year’s State of the Court luncheon was heldon September 23, 2004, at the Hotel Ponchartrain. Theprogram began with opening remarks and announce-ments from Chapter President Dennis Barnes. Onbehalf of the Court, Judges Victoria A. Roberts andArthur J. Tarnow then honored the following attorneys

Charlie Rutherford (continued)

Judge Mark A.Goldsmith

Judge Arthur J. Tarnow

Chief JudgeBernard A. Friedman

Judge Victoria A. Robertscongratulates a pro bono

award recipient

11

who have provided pro bono service to the court overthe past year:

Ronald G. AchoCarolyn A. Almassian

Marybeth Targett CollonMargaret A. CostelloThomas W. CranmerJennifer G. Damico

Michael L. DonaldsonErica M. Eisinger

Mary J. Fair-MatthewsGeorge S. Fish

Erica L. FitzgeraldGordon S. Gold

William H. HortonMatthew M. Jakubowski

Matthew T. JaneChristopher L. Kerr

Sheldon H. KleinSusan M. KornfieldKenneth F. Laritz

Seth M. LloydZachary B. MackDaniel E. Manville

Matthew R. MillikinJennifer L. Neumann

Robert M. RaittPaul E. Scheidemantel

Mark A. SchreierWilliam C. SilvisAbraham Singer

Patricia A. StreeterMatthew F. Taylor

Sheldon S. TollLinda Turek

Carl H. Von EndeThomas R. WarnickeStephen F. Wasinger

Serah E. WiedenhoeferAlan S. Wittenberg

Following recognition of the pro bono honorees, JudgeRobert H. Cleland reported on the progress of the court’sCM/ECF initiative. He encouraged the bar to actively par-ticipate in CM/ECF by registering, receiving training, andusing the system.

Chief Judge Bernard Friedman delivered the state ofthe court address, focusing on his plans for the future of thecourt. A primary initiative for his tenure is a civility om-budsman office for the court. Chief Judge Friedman ex-pressed his hope that the office will raise the level of civil-ity among members of the bar. The complete text of thestate of the court message is available online at the Chapter’swebsite, www.fbamich.org.

In addition to all of the information and inspiration de-scribed above, the luncheon attendees were treated to a gooddose of humor from the bench.

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Newsletter Committee:Elisa M. Angeli, Co-Editor in ChiefMiller, Canfield, Paddock and Stone PLC(313) 496-7635

Michael J. Riordan, Co-Editor in ChiefAssistant United States Attorney(313) 226-9602

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Kimberly G. AltmanLaw Clerk to U.S. District Judge Avern Cohn(313) 234-5160

Dennis J. ClarkPlunkett & Cooney PC(313) 983-4768

Brian D. FigotStephen M. Landau PC(248) 358-0870fbamich@fbamich.org

Christine FarinolaLaw Clerk to U.S. Magistrate Judge Paul J. Komives(313) 234-5200

Thomas M. SchehrDykema Gossett PLLC(313) 568-6659

Leo GibsonFoley & Lardner LLP(313) 963-6200

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