“Tips on Effective Oral Advocacy”

On Tuesday, January 10, 2012, at 2pm in the Court of Appeals for Veterans Claims courtroom, President-Elect James Ridgway presented a program entitled “Tips on Effective Oral Advocacy.” James shared his experience as an Assistant State’s Attorney before the Illinois Court of Appeals and Illinois Supreme Court where he argued numerous appeals. Members who were unable to attend in person were given the opportunity to participate via phone. For the convenience of those members who were unable to attend, you may view the attached PowerPoint presentation, click here.

" September 27, 2011 Annual Meeting"

The Bar Association held its Annual Meeting on September 27, 2011, at the Howard T. Markey National Courts Building. The meeting was held in conjunction with a ceremonial session of court, where the Bar Association presented to the U.S. Court of Appeals for Veterans Claims the commissioned portrait of Judge William P. Greene, Jr. The Annual Meeting opened with a call to order by departing President Glenn Bergmann, and unanimous approval of the minutes from the September 30, 2010, Annual Meeting. Outgoing Treasurer, Alice Kerns, provided the Treasurer's Report, noting that the finances of the Bar Association were in order, that the portrait had been paid for in full, and that we were starting the fiscal year with deposits of nearly $40,000. The election results were then announced for Bar Association Officers and members of the Board of Governors. As Officers, James Ridgway was voted in as President-Elect, Sandra Wischow as Secretary, and Bradley Hennings as Treasurer. The following individuals were elected to serve, or continue their service, on the Board of Governors: Virginia Carron, Louis George, Virginia Girard-Brady, Bradley Hennings, Alice Kerns, and Jennifer Zajac.

Before turning over the leadership to the incoming president, Glenn Bergmann publically thanked the Board of Governors and all members of the Association who contributed to the successes of the prior year. When he took office in the fall of 2010, Glenn shared his goal: to provide a Bar Association program every 4-6 weeks. True to that promise, the 2010-11 year was jam-packed with educational and social programs, and Glenn provided highlights and a brief overview of the activities over the past year. Glenn then introduced the Bar Association’s new President, Gayle Strommen. Gayle formally accepted the presidency and thanked Glenn for his service. She then discussed her goals for the year, which are to continue the enthusiastic work of the past year, while reaching out to fresh faces to get involved with new programs and planning.

Members were invited to become involved to ensure the continuation of past successful programs and events such as the moot court, the Veterans Law Journal, and the regular happy hour socials. Gayle also encouraged the membership to offer suggestions for new programs they would like to see –– with a springtime, one-day Continuing Legal Education seminar top on the list. Finally, Gayle recognized the service of outgoing members of the Board of
Governors, and presented plaques of appreciation to Glenn Bergmann, Nancy Foti, and Donnie Hatchey. Following the business portion of the meeting, Gayle Strommen introduced Chief Judge Bruce E. Kasold, who presented remarks on the state of the Court.

Chief Judge Kasold offered a perspective looking both forward and backward, and summed up the state of the Court as “busy”. He remarked that the Court continues to receive and resolve a large number of appeals, and has adopted and implemented strategies to try and reduce the amount of time it takes to process cases. He discussed the Court’s revised Rules of Practice and Procedure and Internal Operating Procedures, and the new practice with regard to motions for panel review. He also discussed the continued work of the Court’s retired-recalled judges, and the anticipation of three new judges joining the Court. Chief Judge Kasold reported that, with the state of the economy as it is, construction of a courthouse is unlikely in the near future; however, the Court is anticipating some additional space when VA General Counsel Group VII moves out of 625 Indiana Avenue. Finally, Chief Judge Kasold discussed the successful partnership of the Court and the Bar Association in putting on the National Veterans Law Moot Court Competition, thanked the Association for its programs, and encouraged the growth of the Bar Association.

"Third Annual National Veterans Law Moot Court Competition a Success!"

On October 15th and 16th, 2011, the U.S. Court of Appeals for Veterans Claims, the CAVC Bar Association, and Goerge Washington University Law School Moot Court Board co-sponsored the third annual National Veterans Law Moot Court Competition (formerly the “Veterans Law Appellate Advocacy Competition”). Fourteen teams participated.

The two person teams were asked to review a fictitious case centered around a veteran who was granted service connection for schizophrenia and was seeking secondary service connection for medical problems potentially attributable to the medication he was prescribed for the schizophrenia. The teams were then to address before the Supreme Court:

1. Does an applicant for veterans disability compensation have a property interest in the prospective receipt of those benefits that is protected by the Due Process Clause of the Fifth Amendment?

2. Assuming that the first issue were decided in the claimant’s favor, does an applicant for veterans disability compensation have a constitutional due process right to have interrogatories answered by a physician who provides a medical opinion pursuant to the Department of Veterans Affairs duty to assist claimants in developing evidence necessary to decide a claim?

Each team was assigned to represent either the Secretary as petitioner or the veteran as respondent in briefing, and worked from July through September drafting briefs. However, during the oral competition, each team had to argue both sides during the preliminary rounds. The sides for the semi-final and final rounds, which were held at the Court, were assigned at random.

Best Petitioner's Brief was awarded to Diana Evans and John Henley of Stetson University College of Law. Best Respondent's Brief was awarded to Emily Chambers and Jeffrey DeSousa from Georgetown University Law Center. These two teams faced off in the finals, where Georgetown prevailed. Best advocate went to the women of the two teams, who tied down to the half point!

Once again, the competition was made possible by the extraordinary efforts of dozens of members of the CAVC and the Bar Association. It would not have happened without the tireless efforts of Alice Kerns, who coordinated all of the logistics that went into making the event happen and James Ridgway, who once again drafted the problem, helped grade the briefs, and tabulated the results throughout the weekend. Of course, the ultimate credit for this success must go to all of the volunteers who stepped up to act as judges, hosts, and staff before and during the competition.

As we look forward to a fourth competition in 2012, the Bar Association is already seeking volunteers to help with preparations. If you are interested, please contact the Bar Association's Law School Outreach committee through Jridgway@uscourts.cavc.gov. In particular, the committee is seeking those that would be interested in helping to: (1) handle registration and communications with the competitors; (2) make the necessary arrangements with the host school; (3) coordinate volunteers to judge briefs and oral argument; (4) assist with drafting and reviewing the competition problem; and (5) review and update the rules of the competition. Even if you cannot volunteer, we encourage you to contact your alma mater or local law school and encourage them to sign up in the spring once registration is open for next year's competition.

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