2018 Mid-Year Seminar

Transcription

1 2018 Mid-Year Seminar April 20-23, Washington D.C. Friday, April 20th, :00AM to 5:30PM 7:00AM to 3:05PM AP Appellate Practice Program See program below. Separate registration REQUIRED. $85 8:00AM to 12:00PM 10:45AM to 11:45AM Board of Directors Meeting - Qualified Immunity Update 10:45AM to 11:45AM Seminar Seminar- Sober Homes and the Opioid Epidemic 11:45AM to 1:00PM 1:00PM to 2:00PM Lunch on Your Own Jails: Handling Failure to Provide Adequate Medical Care Claims 1:00PM to 2:00PM Seminar Regulating Panhandling in the Wake of Reed v. Town of Gilbert TENTATIVE and Subject to Change This first part of this presentation will provide a discussion of recent Supreme Court qualified immunity presentations and underscore how local government lawyers can utilize these cases in their practice. The second half of this presentaiton will provide an overview of practice pointers on qualified immunity issues in the circuit courts of appeals. Ending the relapse cycle can help residents of sober homes and the communities in which they are located. This discussion will take a look at sober homes and what can be done to address unscrupulous operators of sober homes at the federal, state and local level Inmates healthcare and medical issues are becoming increasingly more complex, requiring our jails to stay aware of the latest developments and law in this field. This presentation will discuss healthcare in the custodial setting, recent developments and trends affecting what constitutes deliberate indifference, and also recommendations to assist in the defense of inmates claims of failure to provide adequate medical care. This presentation will provide a discussion of the rulings of the Circuit Courts of Appeals and District Courts that have considered the issue, including First Amendment considerations and Fourteenth Amendment considerations Susan Lappen & Tom Carr Congresswoman Lois Frankel, Alan Johnson & Terrill Pyburn Laurie Cohen Jeb Brown; Jody Malmstrom Wynetta Massey Mark Hayes Rosemary Humway-Warmuth

2 2:05PM to 3:05PM Timothy Coates Saturday, April 21st, Circuit Conflicts and Open Issues Key Issues In Cases That Have Not Been Addressed By The Supreme Court 2:05PM to 3:05PM Seminar Consent Decrees, Past, Present and Future. The discussion includes the nature and scope of any constitution based wrongful death claim; the extent to which Heck v. Humphrey applies to a plaintiff no longer custody and its application to guilty pleas where the factual basis of the claim is uncertain; what constitutes a de minimis award for purposes of awarding no attorney fee under Farrar v. Hobby; whether a First Amendment retaliation claim can be brought where an arrest is made with probable cause; whether a police officer who testifies in criminal court as a witness is speaking as part of his or her job under Garcetti and hence subject to discipline for the testimony and many more. This presentation will discuss the history of Consent Decrees and the future of Consent Decrees under the current administration. We will also discuss the experience of the Riverside Police Department surviving the Consent Decree process. 3:05 PM to 3:20PM 3:20PM to 4:50PM Seminar Supreme Court Update The Supreme Court seems determined on making up for its fairly mundane 2016 term by stacking its docket with what can only be termed blockbusters. Many of the Court s biggest cases this term involve issues relevant to local governments, including political gerrymandering, whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim, warrant requirements under the Fourth Amendment for cell phone location data, a case that may limit the impact of Reed v. Town of Gilbert, and the infamous cake case involving the intersection of gay marriage and religious expression. Hear from Supreme Court specialists on these cases and others that are relevant to local governments. 4:50PM to 5:30PM Amicus Awards Patrick Baker Jeb Brown; Larry Gonzalez Beth Anne Childs Tom Goldstein, Paul Clement, Gregory Garre & Amy Howe Lisa Soronen 7:00AM to 5:00PM 8:00AM to 9:00AM 9:00AM to 10:00AM State/Provincial Breakfast - First Amendment: Unpopular Speech and the Heckler s Veto Speech that is popular to some is very unpopular to others. Ideological divisiveness continues to be an issue impacting municipal operations. This session will cover the origins of the Heckler s Veto through current caselaw and how this doctrine impacts the ability of a municipality to conduct effective crowd control in various forums and facilities. Examples from current events will be discussed. Lara Mainella & Robert Higgason Patrick Baker

3 9:00 AM to 10:00AM Seminar Land Use: How to deal with lot mergers and takings claims in light of the Supreme Court s decision Murr v. Wisconsin 10:05AM to 11:05AM - Reducing the Risk of Liability with Mentally Ill Persons This session will explain the recent U.S. Supreme Court decision in Murr v. State of Wisconsin, 137 S.Ct (2017), which provides guidance on the parcel-as-a-whole principle of regulatory takings law. In Murr, owners of adjacent lots challenged the constitutionality of a Wisconsin law that required merger of the lots because each lot did not meet minimum standards for residential development, and the lots were held in common ownership. The owners claimed that the merger clause was a taking of one of the lots without just compensation because that lot could no longer be independently developed. The Supreme Court held that no taking had occurred, and spelled out a mutli-factor test for what constitutes the relevant parcel for regulatory takings analysis. This session will focus on the background law, the facts of Murr, and the implications of the decision for local regulation of land use and development rights. A presentation providing a review of: [1] specific law enforcement procedures for the mentally ill that can help minimize municipal and officer liability; and [2] Federal and State law claims involving law enforcement interactions with the mentally ill, including claims of deliberate indifference and excessive force. Derek Howard; Susan Trevarthen Timothy Hollister Craig Straw & Traci Morita Lori Bluhm 10:05AM to 11:05AM Seminar Seminar -Infrastructure P3s Getting Municipal Counsel Shovel Ready 11:05AM to 11:20AM Steven Torres Mary Ellen Bench 11:20AM to 12:50PM - Pleadings / Motion Practice / Evidence 11:20AM to 12:50PM Seminar Managing Telecommunications Challenges Facing Your Community The first presenter will discuss evidentiary issues in a case, including the admissibility of plaintiff s arrest history and the exclusion of the plaintiff s acquittal in a criminal case, both of which are important tools for defense attorneys in this area. The next presenter will focus on discovery in cases and in particular, interrogatories that are vital to a chance at securing summary judgment and deposition questions with an eye towards summary judgment. The third presenter will take you through the pros and cons of Motions to Dismiss v. Motions for Summary Judgment in these cases. Panelists will discuss some of the hottest telecommunications legal issues facing communities today, including an update on federal and state regulations affecting local wireless siting decisions, charges for use of the rights of way and public property by wireline and wireless companies, and strategies for developing ordinances, regulations and franchises, licenses and leases governing use of the rights of way and other public property by communications companies Ara Tramblian; Patricia Donkor & John Wilkerson Robert Brazel Lynn Board; Gail Karish; John Gasparini Joseph Van Eaton

4 12:50PM to 2:30PM Lunch on your own 2:30 PM to 3:30 PM - Wrongful Convictions 2:30PM to 3:30PM Seminar Election Law in the Trump Supreme Court 3:30PM to 3:45PM This seminar focuses on civil rights lawsuits arising out of alleged wrongful convictions, including (1) differences between an exoneration based on DNA or other evidence, on the one hand, and cases arising from convictions vacated on purely procedural grounds, on the other; (2) particular challenges in wrongful conviction cases such as tracking down old evidence (files, reports, physical evidence) and representing witnesses whose memories may have faded; (3) damage awards in specific cases from various circuits; and (4) litigation and settlement strategies. Critically important election law cases are pending before the U.S. Supreme Court involving partisan gerrymandering, one a statewide challenge to Wisconsin s state redistricting plan based largely on the Equal Protection Clause (Gill v. Whitford, argued October 3, 2017) and another a challenge to a congressional district in Maryland based on the First Amendment retaliation doctrine (Benisek v. Lamone, scheduled for oral argument March 28, 2018). Other election law cases that are before the Court or may soon to be include Common Cause/ League of Women Voters v. Rucho (federal court challenge to North Carolina s congressional plan under the First Amendment, Equal Protection Clause, and Article I); Agre v. Wolf (federal court challenge to Pennsylvania s congressional plan under Article I); League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania (state court challenge to Pennsylvania s congressional plan under the state constitution s Free and Fair Elections Clause); Husted v. A. Philip Randolph Institute (challenge to removal of eligible voters from Ohio s voter-registration rolls under the NVRA and HAVA); Veasey v. Abbott (challenge to Texas s Voter ID statute under 2 of the Voting Rights Act and the Fourteenth and Fifteenth Amendments to the U.S. Constitution); and Perez v. Abbott (federal court challenge to Texas s congressional and legislative districting plans under 2 of the Voting Rights Act and the Equal Protection Clause). The Gill and Benisek cases will likely be decided this term, with participation by the full Court, including Justice Neil Gorsuch the Court s long-awaited ninth Justice confirmed on April 7, Many of these cases may impact local government elections and electoral processes at the municipal and county level. Arthur Larkin; Aaron Shotland Nancy Thompson Ben Griffith; Michael Parsons Andrew Whalen 3:45PM to 4:45PM Establishment Clause/ Legislative Prayer at Meetings The longstanding, widespread practice of beginning a legislative session with an invocation a practice followed by lawmakers at every level of state and federal government continues to generate litigation, including a pair of cases that the U.S. Supreme Court may take up next year. This session will focus on the current legal landscape and the practical issues faced by state and local governments across the country. The session will also explore the role legislative privilege and the separation of powers doctrine might play in a court s adjudication of an action challenging legislative prayer. Marc Hansen & Allyson Ho Leah Hayes

5 TIME TRACK TITLE DESCRIPTION 3:45PM to 4:45PM Seminar Seminar - State League Meeting The agenda will inclue introductions, approval of minutes, the IMLA Board Report ane Executive Director Report. The remainder of the meeting will be devoted to a discussion on the ongoing opioid crisis and ensuing litigation by local governments. Erich Eiselt will provide an udpate on the litigation and IMLA s working group, Mark Hayes will discuss his League s involvement in the opioid litigaiton, and there will be time for an open discussion to hear from attendees on what their Leagues are doing to respond to their members on this issue. 3:45PM to 4:45 PM Seminar International Committee Meeting Agenda: 1. A project proposal currently pending in the Republic of Georgia entitled New Constitutionalism: Strategy of Horizontal Proliferation of Constitutional Values on the Whole System of Law, in which members of the IMLA International Committee may be able to participate if the project is funded by the National Science Foundation in that country. While no IMLA funding is involved, it appears that this project, if funded through the Georgian NSF, would likely entail on our part as American attorneys a good deal of comparative research of continental and American systems of constitutional control and governance. 2. A suggested program in Berlin to be organized by IMLA member Sven Kohlmeier of Berlin, Germany. In response to his suggestion, Sven has been asked to put together a comprehensive draft proposal addressing topics, potential speakers, local sponsors for a reception, possible co-sponsorship by IMLA and WJA-German Chapter and/or similar legal organizations in Germany, hotel location and cost per attendee, and any logistics that he believes should be addressed. Once we have that information from Sven, I will help him submit it to the IMLA International Committee and the IMLA event planning staff and Executive Director Chuck Thompson for further discussion, comments, and refinement. 3. An overview of the recently completed Cambodia Program by Peter Buchsbaum, along with a discussion of similar programs in China and India. 6:00PM to 7:30PM Welcome Reception Erich Eiselt, Mark Hayes Ben Griffith Sunday, April 22nd, :00AM to 5:00PM 8:00AM to 9:00AM WONK Breakfast - Openings / Summation 9:00AM to 10:30AM The first presenter will provide a unique and powerful presentation on Opening Statements. He will discuss techniques and strategies designed to get a jury leaning in your clients favor by the close of the openings. The second presenter will bookend Opening Statements with a discussion on strategies for Summations; including effective use of the verdict sheet and jury instructions, and ways to persuade those jurors, who despite your stellar presentation during the trial, are just not on board yet. Patricia Miller; Michael Colucci Wynetta Massey

6 9:00 AM to 10:30 AM Seminar Seminar - HR up in Smoke: The interseciton between marijuana legalization and employment law 9:00AM to TBD CLOF CLOF- Law office management document management software 10:30AM to 10:45AM 10:45AM to 11:45AM - Police Excessive Force Trials Post-Ferguson: What s Different and What s Not 10:45AM to 11:45AM Seminar Municipal Finance: Best practices for local counsel to consider in bond offerings Recent state law changes legalizing medical and/or recreational marijuana have had a direct impact on local government employers. The panel will present an overview of the current landscape and provide guidance to help navigate the legal issues, particularly ADA, state anti-discrimination laws, and the myriad of testing and safety issues relating to police, fire, and CDL employees. The panel will also review the most prevalent landmines, red herrings, and best practices based on experience in states with authorization for both medical and recreational use. See program below. Separate registratiin is required. FREE with seminar registration. High profile officer involved shooting deaths have dominated the public eye in recent years. This discussion involves two attorneys that have handled police use of force cases on both sides of the Michael Brown shooting in Ferguson, Mo. There will be a discussion about what perhaps has changed, what perhaps has not changed, and how to leverage and address those issues. The panel will discuss significant focal points to assist local counsel in bond issues regarding the issuance of opinions, the identification of potential problem areas, and the provision of legal advice to their jurisdictions to minimize potential enforcement and liability. Lara Donlon; Charles Mitchell; Robin Cross Ed Latner and Chris Daly Daniel Peterson & Mark Maguire Jennie Tarr Robert Doty; Derrick Mitchell Jodie Woods 10:45AM to 11:45AM CLOF CLOF - Opioid litigation issues Erich Eiselt 11:50AM to 12:50AM - Malicious Prosecutions 11:50AM to 12:50PM Seminar Seminar - Small / Rural Communities Presentation: Nuisance Abatement 11:50AM to 12:50PM CLOF CLOF- Law office management leadership lessons learned on the Iditarod 12:50PM- Done for Day Lunch on your Own/ Done for the day This session will provide an overview of the law on malicious prosecutions under 42 U.S.C.. We will examine the elements of the claim and the nuances. We will also discuss strategies on how to properly defend against a claim for malicious prosecution and provide some useful practice tips. Henry Bernstein & Rachel Seligman Jessica O Connor Douglas Haney Gunnar Johnson

7 Monday, April 23rd, :00AM to 12:00PM 7:30AM to 8:05AM 8:05AM to 9:05AM Anatomy of a Shooting Rampage and the Aftermath John Hessel, Kirkwood, Missouri City Attorney, will recount his survival of the tragic shooting at Kirkwood City Hall on February 7, 2008 and comment on his experiences in its aftermath. He will discuss violence in the workplace and some security measures and procedures that have been implemented in the public and private sector John Hessel Chip Fletcher 9:10 AM to 10:10 AM Seminar Case Law Update Douglas Haney Wayne Esannason 10:10AM to 10:25AM 10:25AM TO 10:55AM Key Issues Impacting Local Governments in 2018: Opioids and Preemption 11:00AM to 12:00PM Seminar Ethical Considerations in Public Sector Law This presentation examines the unique ethical issues confronted by public sector lawyers using an entertaining, interactive format. Panelists dramatize short, illustrative scenarios with a discussion period following each hypothetical. A variety of ethics topics will be covered all from the point of view of the government lawyer. The Model Rules of Ethics, including the following will all be discussed: Model Rule 1.1 Competence; MR 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer; MR 1.3 Diligence; MR 1.7 Conflict of Interest: Current Clients; MR 1.8 Conflict of Interest Current Clients: Specific Rules MR 1.9 Duties to Former Clients; MR 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees; MR 1.13 Organization as Client; MR 5.1 Responsibilities of a Partner or Supervisory Lawyer; MR 8.3 Reporting Professional Misconduct Mayor Mark Stodola Douglas Haney Carlos Acosta; Judy Kaleta; Richard Melnick; Sharon Pandak Kristine Kassekert

8 NEW! 7:00AM to 12:00PM 11:00AM to 12:00PM AP Framing the Question Presented & Drafting the Petition for Certiorari 12:00PM to 1:00PM AP Networking Lunch Appellate Practice Program Friday, April 20th, 2018 SEPARATE REGISTRATION IS REQUIRED NEW! This program is designed to help local government lawyers maximize their chances of success before the Supreme Court by providing practical tips and knowledge from some of the most prominent Supreme Court practitioners in the country. Participants in the program will learn how to frame the question presented and draft the petition for certiorari in a way to capture the Justice s attention and increase their chances of having the Court accept the case. Where local governments are on the receiving end of a petition for certiorari, participants will learn how to craft a response and under what circumstances a local government should consider waiving their response. The program will conclude with a discussion on oral argument practice tips from two Supreme Court practitioners who combine for over 130 oral arguments before the Supreme Court. A networking lunch is included. Separate registration is required. Space is very LIMITED. Loren AliKhan, Allyson Ho 1:00PM to 2:00PM AP Crafting the Response (or Waiving it) Exclusive opportunity for Chief Legal Officers representing municipalities with a flexible population range generally between 100, ,000. This is a rare opportunity for chief legal officers to spend time with colleagues in a setting that we hope will allow each of you to share ideas, problems and solutions that can be used to better serve your community. Separate registion is required. It is FREE with seminar registration. 7:00AM to 12:00PM 9:00AM to TBD CLOF CLOF- Law office management document management software 10:30AM to 10:45AM Chief Legal Officer Program (CLOF) Sunday, April 22, 2018 Ruth Masters, Gregory Garre 2:05PM to 3:05PM AP Oral Argument Practice Tips Paul Clement & Tom Goldstein Ed Latner and Chris Daly 10:45AM to 11:45AM CLOF CLOF - Opioid litigation issues Erich Eiselt 11:50AM to 12:50PM CLOF CLOF- Law office management leadership lessons learned on the Iditarod Gunnar Johnson