2018 Course Calendar

2018 Courses2017-07-18T11:13:36+00:00
Sep
24
Mon
2018
Fourth Amendment: Comprehensive Search and Seizure (JS 645) @ The Brown Palace Hotel and Spa
Sep 24 – Sep 27 all-day

When is a search or seizure justified? Who has standing to challenge? When is a warrant needed? If the amendment is violated, does the exclusionary rule apply? This course answers these questions and others through the examination of U.S. Supreme Court decisions. Along with computers and digital evidence, the course examines consent searches, warrant execution issues, and searches without warrants, including exigent circumstances, community caretaking, inventory searches, automobile searches, frisks, and searches incident to arrest.

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Why should I take this course?

The Fourth Amendment is the most implicated constitutional protection. It is also the most litigated. Accordingly, judges frequently have to rule on objections and motions concerning the Fourth Amendment. What is a search? When does a seizure occur? What are the types of searches and seizures? What interests are protected by the Amendment? Who has standing to challenge the intrusion? When is a search or seizure justified? When do the police need a warrant? If the Fourth Amendment has been violated, does the exclusionary rule apply?

The four-day course offers insights on motion hearings practice, examines the principles related to consent searches, and contains sessions on warrant issuance and review of that decision, warrant execution issues, and searches without warrants. These latter searches include exigent circumstances, community caretaking, inventory searches, and automobile searches. The course also discusses frisks and searches incident to arrest. Finally, the course offers an overview of developing principles related to computers and digital evidence.

What will I learn?

During this course, you will learn to:

  • Describe limitations on protected interests including open fields, assumption of risk, voluntary disclosure and abandoned property.
  • Articulate the Supreme Court’s framework to address standing.
  • Identify the present scope of Fourth Amendment protection in areas around residences and businesses.
  • Describe the lower burden on the government to prove consent to search was voluntary under the Fourth Amendment compared to the government’s burden to prove “waiver” and voluntary relinquishment of rights under the Fifth and Sixth Amendments.
  • Determine when a seizure occurs within the meaning of the Fourth Amendment.
  • Identify the Terry v. Ohio frisk, plain view and plain feel, protective sweeps, exigent circumstances, and inventory exceptions to the search warrant requirement.
  • Determine the applicability of the Fourth Amendment to automobile searches.
  • Summarize the “knock and announce” rule and identify the limits of detaining a person during the execution of a search warrant.
  • Summarize the elements of a valid search warrant.
  • Define when to hold motion hearings and rule on standing issues with greater accuracy.
  • Summarize the exclusionary rule; define the “fruit of the poisonous tree” doctrine; describe when the “attenuation of the taint” doctrine applies; identify when the “independent source” doctrine applies; describe the “inevitable discovery” rule; identify the applicability of “good faith” in the area of inevitable discovery; and summarize the “impeachment” exception to the exclusionary rule.
  • Describe the two different ways that appellate courts analyze computers (as containers or as “special approach”).
  • Analyze whether the amount of intermingled documents should change the analysis in allowing a computer search or seizure or not.

Who should attend?

The course is valuable to both beginning and experienced judges.

Who are the members of the faculty?

The faculty for this course include a law professor who has authored two editions of Fourth Amendment treatises and judges who have educated hundreds of their colleagues on the topic of search and seizure.

How is this course taught?

A variety of teaching techniques including lectures, case studies, large and small group discussions, and polling questions. The course is an excellent mix of the theoretical and practical.

What should I tell my presiding judge or funding agency so that my attendance will be approved?

Ruling incorrectly on a search or seizure matter can result in having to retry a case. The Fourth Amendment is one of the most litigated and most technically difficult areas of the law. To avoid wasting scarce judicial resources, all judges can benefit from participation in the course.

Whom should I contact for more information?

For more information, please contact the Registrar’s Office at (800) 255-8343 or registrar@judges.org.

The Brown Palace Hotel and Spa

The hotel for this course will be the Brown Palace Hotel. Denver offers multiple opportunities to explore cultural attractions, sporting events, and great shopping and restaurants. The Denver Art Museum, the Denver Downtown Aquarium, Coors Field, and the 16th Street Mall are all close by.

The group room rate is $239 per night (plus applicable fees and taxes; currently 14.8%) for single or double occupancy. This special rate will be available until August 23, 2018, unless our room block is filled earlier. Please contact our Registrar’s Office with any questions.

This course qualifies for 2 credits toward the Master of Judicial Studies Degree Program and Judicial Studies Doctoral Program at the University of Nevada, Reno upon successful completion of the course and passing the course exam. In addition, this course qualifies for The National Judicial College Certificate in Judicial Development program Appellate Judicial Skills, General Jurisdiction Trial Skills and Special Court Trial Skills disciplines.

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Oct
29
Mon
2018
Mindfulness for Judges @ Santa Fe, New Mexico
Oct 29 – Nov 1 all-day

This four-day program, held in beautiful Santa Fe, New Mexico, is an opportunity to pause from the many complexities of being a judge and find some space to breathe and reflect. Mindfulness is the practice of cultivating non-judgmental awareness in the present moment. It is a practice of learning to pay attention to our thoughts, emotions, and physical sensations and acknowledging whatever is present and using that information to respond to the unfolding of our work and lives.

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Over the course of the four days, we will explore the most current research on mindfulness, including the neuroscience underlying mindfulness and the effects of mindfulness on work-related skills and behaviors. Specifically, participants will learn how mindfulness can help cope with trauma, and enhance leadership and communication. Mindfulness also …

  • develops your immune system;
  • aids with physiological responses to stress and negative emotions;
  • improves social relationships with family and strangers;
  • reduces stress, depression, and anxiety;
  • increases well-being and happiness;
  • increases openness to experience, conscientiousness, and agreeableness; and
  • improves your awareness that is more clear, nonconceptual, and flexible.

Research on mindfulness in the judiciary, for example, the effectiveness of mindfulness in addressing unconscious biases, will be a particular focus. In addition to the didactic portion of the program, we will spend a significant amount of time experiencing directly a wide variety of attention focusing and meditation practices, while leaving time for thoughtful dialogue and inquiry. By the end of the course you will have both experience with mindfulness practice along with the resources to keep your practice going for years to come.

After participating in this course, you will be able to:

  1. Define “mindfulness”;
  2. Describe why mindfulness is especially important for judges to employ;
  3. Summarize the benefits of mindfulness for both your personal and professional life; and
  4. Apply mindfulness to assist you in decision making.

Kelly, Zarcone, Mindfulness Training Has Positive Health Benefits: Interdisciplinary Research Shows How Powerful the Mind Really Is, located at https://nau.edu/research/feature-stories/mindfulness-training-has-positive-health-benefits (visited Apr. 15, 2016).

Drury Plaza Hotel

The hotel for this course will be the Drury Plaza Hotel. Experience the vibrant culture of New Mexico at this artful resort near the Historic Plaza, offering easy access to legendary activities and attractions. The Historic Plaza is a designated National Historic Landmark in Downtown Santa Fe that is home to various shops, live music venues, art galleries and restaurants. Explore Canyon Road. What began as a residential neighborhood has become a prominent Santa Fe arts district, with over a hundred art galleries and studios exhibiting Native American art and antiquities, traditional and modern Hispanic art, regional contemporary art, international folk art and international contemporary art.

The group room rate is $129 per night (plus applicable fees and taxes; currently 8.3%) for single or double occupancy. This special rate will be available until October 15, 2018, unless our room block is filled earlier. Please contact our Registrar’s Office with any questions.

Make your reservation by calling (505) 424-2175 and referencing “The National Judicial College.”

Register

Nov
5
Mon
2018
Logic & Opinion Writing (JS 621) @ Santa Fe, NM
Nov 5 – Nov 8 all-day

This course will assist anyone who writes judicial opinions become a more skillful and effective opinion writer. The first half of the course invites you to examine the underlying principles of syllogistic reasoning and how these principles may apply. The second half of the course addresses writing judicial opinions as a reasoned statement that justifies the outcome that the decision maker reaches. Anyone who writes judicial opinions — judges and others — will benefit from this unique class.

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Why should I take this course?

This course invites judges to more carefully and thoroughly examine the underlying principles of logical reasoning as applied to their decision-making and opinion-writing. Judicial writing is often as important as the determinations. Opinions should serve as a reasoned statement that justifies the outcome judges have reached.

What will I learn?

During this course, you will learn to:

  • Define basic terms and concepts in the formal study of logic.
  • Describe the premises of inductive and deductive reasoning, especially categorical syllogisms.
  • Explain your conclusions and decision more cogently and precisely.
  • Explain the anatomy of an opinion with the use of orientation paragraphs, issue statements, findings of fact and conclusions of law or disposition.
  • Describe what is involved in the writing process.
  • State the emphasis to be given to style such as sentence structure, wordiness, and revision.
  • Use writing practices that improve written opinions.

Who should attend?

This course is designed for any judge, judicial officer, law clerk, or court-affiliated staffperson who must appraise the soundness of arguments presented to them and want to improve their legal writing skills.

Who are the members of the faculty?

The faculty consists of a philosophy professor who is also an attorney and a nationally recognized judicial writing instructor with experience in crafting judicial opinions.

How is this course taught?

The class is conducted through presentations, extensive class discussion and writing exercises. You will be asked to submit an opinion for review and analysis. Pre-course materials will be available via email for you to complete approximately six weeks prior to the course start date. Please plan to set aside approximately two to four hours of time to review and complete materials prior to the course.

What should I tell my presiding judge or funding agency so that my attendance will be approved?

A judge must evaluate legal argumentation in its many forms because it lies at the heart of the judging craft. The validity of arguments in briefs, memoranda, and oral presentations often depend upon the logical components. Even a rudimentary understanding of logic will enable a judge to perform more effectively and save time in legal analysis. Further, judges must frequently write opinions. This course will assist judges in analyzing and solving troublesome difficulties that they may encounter in preparing and writing an opinion.

Whom should I contact for more information?

For more information, please contact the Registrar’s Office at (800) 255-8343 or registrar@judges.org.

Drury Plaza Hotel

The hotel for this course will be the Drury Plaza Hotel. Experience the vibrant culture of New Mexico at this artful resort near the Historic Plaza, offering easy access to legendary activities and attractions. The Historic Plaza is a designated National Historic Landmark in Downtown Santa Fe that is home to various shops, live music venues, art galleries and restaurants. Explore Canyon Road. What began as a residential neighborhood has become a prominent Santa Fe arts district, with over a hundred art galleries and studios exhibiting Native American art and antiquities, traditional and modern Hispanic art, regional contemporary art, international folk art and international contemporary art.

The group room rate is $119 (prevailing government per diem) per night (plus applicable sales taxes, currently 15.313%) for single or double occupancy. This special rate will be available until October 15, 2018, unless our room block is filled earlier. Please contact our Registrar’s Office with any questions.

Make your reservation by calling (505) 424-2175 and referencing “The National Judicial College.”

This course qualifies for 2 credits toward the Master of Judicial Studies Degree Program and Judicial Studies Doctoral Program at the University of Nevada, Reno upon successful completion of the course and passing the course exam. In addition, this course qualifies for The National Judicial College Certificate in Judicial Development program Administrative Law Adjudication Skills, Dispute Resolution Skills, General Jurisdiction Trial Skills, Special Court Trial Skills and Tribal Judicial Skills disciplines.

Register

Dec
10
Mon
2018
Contemporary Threats to Judicial Independence and Freedom of the Press @ Washington, DC
Dec 10 – Dec 13 all-day
Contemporary Threats to Judicial Independence and Freedom of the Press @ Washington, DC

We have many reasons to celebrate America’s court system and its role in preserving our democracy, especially as we observe as other countries struggle to introduce the rule of law. However, there are many threats to the independence of our judiciary: some overt, some subtle, all designed to undermine public trust and confidence in our system of justice. In their purest form and in an ideal world, courts would not be subject to improper influence from other branches of government or from private or partisan interests. This timely course explores threats to judicial independence in the United States, emphasizing current threats in the context of historical lessons. The course will also explore ways in which judges can appropriately and ethically respond to these threats. Participants will also examine the First Amendment, and the media’s role in supporting democracy.

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After attending this course, participants will be able to:

  1. Describe current threats to the independence of the judiciary, and to freedom of the press;
  2.  Identify precursors that have occurred in other countries;
  3. Formulate an action plan to respond appropriately and ethically to current threats.

Whom should I contact for more information?

For more information, please contact the Registrar’s Office at (800) 255-8343 or registrar@judges.org.

This course will be held at the JW Marriott; on Day 4, December 13,  the sessions will be conducted at the National Press Club at 529 14th Street, Washington, D.C.

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