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The Supreme Court Confronts the Digital Age: What Has the Court Done and What Might It Do

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DESCRIPTION

This webinar is of importance to everyone (judge, investigator, prosecutor, or defense counsel) who is involved in the investigation and prosecution of crimes that involve electronic information.  It will explore the five decisions of the United States Supreme Court that have addressed electronic information and will consider how the Court might address “hot topics” that have been dealt with by lower federal as well as State courts.  Understanding the reasoning behind these Supreme Court decisions is essential to the means by which law enforcement investigates crimes and to the arguments of prosecutors and defense counsel about the use of electronic information in criminal proceedings.

Educational Objectives:
• Understand the reasoning of the Supreme Court in the decisions to be discussed.
• Recognize the limitations imposed on the investigation and prosecution of crimes by the Fourth and Fourteenth Amendments.
• Appreciate the novel issues that the courts are addressing – and are likely to address – involving electronic information.

 

Who would benefit most from attending this program?


Prosecutors, defense counsel, law enforcement, and consultants – all who investigate and prosecute crimes and all who defend individuals or organizations accused of criminal behavior.


SPEAKERS

RONALD J. HEDGES, PRINCIPAL OF RONALD J. HEDGES LLC

Mr. Ronald J. Hedges served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. He is the chair of the Advisory Board of Digital Discovery & e-Evidence, a Bloomberg BNA publication. Mr. Hedges has authored numerous articles on electronic information. Among other things, he is a coauthor of both editions of the Federal judicial Center publication, Managing Discovery of Electronic Information: A Pocket Guide for Judges and is a senior editor of the editions of The Sedona Conference Cooperation Proclamation: Resources for the Judiciary. Mr. Hedges taught e-discovery at Georgetown University Law Center, Seton Hall School of Law and Rutgers School of Law-Newark. He has served as a special master, mediator, and arbitrator.


HON. JUDGE RODRIGUEZ, JUDGE, U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS, SAN ANTONIO, TX

Hon. Judge Rodriguez was appointed to the bench as a United States District Judge for the Western District of Texas in 2003.  He is a former Texas Supreme Court Justice and was previously a partner in the international law firm of Fulbright and Jaworski, LLP.  Judge Rodriguez frequently speaks on continuing legal education seminars and has authored numerous articles on employment law, discovery, and arbitration issues.  He is an adjunct professor of law at the St. Mary’s University School of Law and is a lecturer at the University of Texas at San Antonio.  Judge Rodriguez was elected to membership in the American Law Institute, is a Fellow of the American Bar Foundation and the Texas Bar Foundation, and was awarded the Rosewood Gavel Award for outstanding judicial service from the St. Mary’s University School of Law in 2011.


HON. JUDGE VANASKIE, CIRCUIT JUDGE FOR THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Hon. Judge Vanaskie was sworn in as a Circuit Judge for the United States Court of Appeals for the Third Circuit on April, 28, 2010, after serving more than 16 years as a District Judge for the U.S. District Court for the Middle District of Pennsylvania.  He became the District’s Chief Judge on September 1, 1999, and completed his seven-year term as Chief Judge on August 31, 2006.  From 2001 through 2008, he served on the Information Technology Committee of the Judicial Conference of the United States, the policy-making body for the United States Courts.  Judge Vanaskie was appointed Chair of the Judicial Conference Information Technology Committee by the late Chief Justice William H. Rehnquist in 2005.  He also was a member of the Judicial Conference of the United States from 2003 to 2005, serving as Chair of the Conference of the District Judge Representatives to the Judicial Conference in 2005.  He was a member of the Third Circuit Judicial Council, and presently serves on its Information Technology Committee and on its Library Committee.  He is a past member of the Board of Directors of the Federal Judges Association.  He has also served on several working groups of the Administrative Office of the United States Courts, and presently serves on the OSCAR working group which manages the judiciary’s clerkship applications.  He previously served as co-chair of the Chambers Functional Requirements Group for the Next Generation of CM/ECF.


HON. JUDGE WAXSE, UNITED STATES MAGISTRATE JUDGE FOR THE UNITED STATES DISTRICT COURT IN KANSAS CITY, KANSAS

Hon. Judge Waxse is a United States Magistrate Judge for the United States District Court in Kansas City, Kansas.  Prior to his appointment as a Magistrate Judge in 1999, he was a partner at Shook, Hardy & Bacon. From 1992-1999, Judge Waxse was a member, and one time chair, of the Kansas Commission on Judicial Qualifications, the state judicial discipline organization. He was also a member of the Civil Justice Reform Act Advisory Committee and the Mediation Panel for the United States District Court for the District of Kansas. In addition, he served on the Kansas Justice Commission, established by the Kansas Supreme Court to implement the Citizens' Justice Initiative review of the state justice system. Judge Waxse is a Past-President of the Kansas Bar Association and, as a KBA delegate to the American Bar Association House of Delegates, was a member of the Board of Governors of the KBA for twelve years. He also has served on the Professionalism Committee of the ABA and on the board of editors of the Professional Lawyer, an ABA publication. He is past chair of the National Conference of Federal Trial Judges of the ABA and a member of the Ethics Committee of the Judicial Division of the ABA. He is a member of the Earl E. O’Connor Inn of Court and was President of the Inn in 2003-2004. He is also a member of the American Bar Association, the Johnson County Bar Association, the Kansas City Metropolitan Bar Association, the Wyandotte County Bar Association, and the Federal Magistrate Judge’s Association. He is also a fellow of the Kansas Bar Foundation and the American Bar Foundation. is a United States Magistrate Judge for the United States District Court in Kansas City, Kansas.  Prior to his appointment as a Magistrate Judge in 1999, he was a partner at Shook, Hardy & Bacon. From 1992-1999, Judge Waxse was a member, and one time chair, of the Kansas Commission on Judicial Qualifications, the state judicial discipline organization. He was also a member of the Civil Justice Reform Act Advisory Committee and the Mediation Panel for the United States District Court for the District of Kansas. In addition, he served on the Kansas Justice Commission, established by the Kansas Supreme Court to implement the Citizens' Justice Initiative review of the state justice system. Judge Waxse is a Past-President of the Kansas Bar Association and, as a KBA delegate to the American Bar Association House of Delegates, was a member of the Board of Governors of the KBA for twelve years. He also has served on the Professionalism Committee of the ABA and on the board of editors of the Professional Lawyer, an ABA publication. He is past chair of the National Conference of Federal Trial Judges of the ABA and a member of the Ethics Committee of the Judicial Division of the ABA. He is a member of the Earl E. O’Connor Inn of Court and was President of the Inn in 2003-2004. He is also a member of the American Bar Association, the Johnson County Bar Association, the Kansas City Metropolitan Bar Association, the Wyandotte County Bar Association, and the Federal Magistrate Judge’s Association. He is also a fellow of the Kansas Bar Foundation and the American Bar Foundation.


JUSTICE ANNETTE KINGSLAND ZIEGLER, JUSTICE AT WISCONSIN SUPREME COURT

Justice Annette Kingsland Ziegler was elected to the Wisconsin Supreme Court in 2007.  Upon graduation from law school, Justice Ziegler was in private practice where she engaged in civil litigation. She also served as a pro bono special assistant district attorney in Milwaukee County in 1992 and 1996. Immediately prior to serving as a circuit court judge, she was an assistant United States attorney for the Eastern District of Wisconsin.  Before joining the Supreme Court, Justice Ziegler served as a Washington County Circuit Court judge. She was the first female jurist in Washington County. As a circuit court judge, she was the deputy chief judge for the Third Judicial District and served six years as the presiding judge of Washington County. In 1999, Justice Ziegler sat as a Court of Appeals judge in the District II Court of Appeals Judicial Exchange Program. Justice Ziegler currently serves on the Marquette University Law School Advisory Board, is a member of the Governor's Juvenile Justice Commission, the Wisconsin Judicial Council, and the State Bar of Wisconsin Bench and Bar Committee. She is a member of the American Bar Association, a fellow of the American Bar Foundation, and an elected member of the American Law Institute. Justice Ziegler is also a member of the International Women's Forum. Justice Ziegler has been a member of a number of law-related organizations including Legal Association of Women, James E. Doyle Chapter of the American Inns of Court, faculty member at the Wisconsin Judicial College, has served as faculty at a number of seminars, and previously was appointed to the Personnel Appeals Board.


KENNETH J. WITHERS , DEPUTY EXECUTIVE DIRECTOR FOR THE SEDONA CONFERENCE

Mr. Kenneth Withers is the Deputy Executive Director of The Sedona Conference, an Arizona-based nonprofit law and policy think tank which has been on the forefront of issues involving complex litigation, intellectual property, and antitrust law. Since 1989, he has published several widely-distributed papers on electronic discovery, hosted a popular website on electronic discovery and electronic records management issues, and given presentations at more than 300 conferences and workshops for legal, records management, and industry audiences. His most recent publications are “Ephemeral Data and the Duty to Preserve Discoverable Electronically Stored Information” in the University of Baltimore Law Review (2008); “Living Daily with Weekley Homes” in the Texas State Bar Advocate (Summer 2010); and “Risk Aversion, Risk Management, and the Overpreservation Problem in Electronic Discovery” in the South Carolina Law Review (2013). From 1999 through 2005, he was a Senior Education Attorney at the Federal Judicial Center in Washington D.C., where he developed Internet-based distance learning programs for the federal judiciary concentrating on issues of technology and the administration of justice. Mr. Withers also contributed to several well-known FJC publications, including the Manual for Complex Litigation, Fourth Edition (2004), Effective Use of Courtroom Technology (2001), and the Civil Litigation Management Manual (2001).