the heart of the matter - jenner

Jenner & Block’s pro bono program earned aremarkable number of accolades during 2006from bar groups and non-profits.

“We’ve always believed that performingpublic service is its own reward,” said Partnerand Pro Bono Committee Co-Chair BarryLevenstam. “Yet, we know this year’sexceptional recognition is deeply appreciatedby and inspiring to our attorneys.”

The latest awards and other pro bonohonors received by Jenner & Block include:

• The Pro Bono Institute’s John H. PickeringAward;

• The American Bar Association Death PenaltyProject’s special recognition for “exceptionalpro bono contributions” on behalf of DeathRow prisoners;

• The National Coalition to Abolish the DeathPenalty’s 2006 Legal Services Award; and

• The Public Interest Law Initiative’s 2006Pro Bono Initiative Award.

Many Jenner & Block individuals were alsohonored during 2006. For example:

• The Chicago Appleseed Fund for Justicerecognized Partner Robert L. Graham;

• The Chicago Volunteer Legal ServicesFoundation honored Associate Kathryn C.Newman with the group’s DistinguishedService Award;

• The DePaul University Black LawStudents Association gave Partner BarrySullivan its “Progressives in theProfession Award”;

• The University of Notre Dame bestowed anhonorary degree upon Partner Thomas P.Sullivan; and

• The Southern Center for Human Rightsgave its Equal Justice Award to PartnerDonald B. Verrilli, Jr.

Mr. Levenstam noted that Jenner & Blockattorneys are on a pace during 2006 to notchapproximately 50,000 hours of work on behalf ofthe poor.

Many current pro bono cases continued toinvolve those criminal felony defendants andDeath Row inmates upon which the Firm builtits pro bonoreputation since1950. In addition,Jenner & Blockattorneys this yearhave been at theforefront oflitigation in severalstates challengingthe constitutionality of lethal injection as ameans of administering capital punishment.

Celebrating Service to Others“We’re proud of the contributions made by

the Jenner & Block attorneys who have madepro bono service an integral part of theirpractices,” concluded David DeBruin, Partnerand Co-Chair of the Pro Bono Committee.“We’re also confident our lawyers will look backon that body of work as among the mostrewarding in their professional careers.”

The year-long effort may have been bestexemplified, Mr. DeBruin noted, by the 2006recipients of the Firm’s Albert E. Jenner, Jr. ProBono Award and their outstanding efforts in anumber of high profile cases — Patricia A.Bronte, for her work in representing detaineesat Guantánamo Bay; Partner Thomas J.Perrelli, for his right to die work on behalf ofMichael Schiavo; and Associate Martina E.Vandenberg, for her work representing humantrafficking victims.

Pro Bono and Community Service News Winter 2006

The Heart of the Matter

In This Issue

Aid to Non-Profits . . . . . . . . . . . . . . . . . . .2

Jenner & Block Represents PublicHousing Residents Displaced byHurricane Katrina . . . . . . . . . . . . . . . . . . .2

Helping the Persecuted Gain Asylum . .3

Student Newspaper’s Free SpeechRights Defended . . . . . . . . . . . . . . . . . . .4

Defending Anti-Spam Group’s Efforts . .5

Home Ownership Restored . . . . . . . . . .5

Record Attendance at Pro Bono Fair . .6

Partner Aids Ethiopians in HumanitarianMission . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Lethal Injection Cases Question StateProcedures . . . . . . . . . . . . . . . . . . . . . . . .8

Landmark Case for Disabled Rights . . .9

Human Rights of Detainees Defended onMany Fronts . . . . . . . . . . . . . . . . . . . . . .10

News & Notes . . . . . . . . . . . . . . . . . . . .12

Associates Gain Victory in Same-SexCustody Case . . . . . . . . . . . . . . . . . . . .14

Honors & Awards . . . . . . . . . . . . . . . . . .15

Three Honored with Albert E. Jenner, Jr.Pro Bono Award . . . . . . . . . . . . . . . . . .16

Jenner & Block’s 2006 Pro Bono EffortCelebrated by Peers and the Public

Victory in New York JudicialReform Case

See page 4

“We’ve alwaysbelieved thatservice is itsown reward.”

2


August 2005. Unlike other evacueesthough, the public housing residentshave not been helped by governmentprograms designed to support theirreturn. Rather, federal and localhousing agencies have activelyblocked the homecoming of thesepoor and longtime New Orleansresidents, according to the Firm’slawsuit.

“HUD and HANO are takingdeliberate steps to keep low-income,African American families out of NewOrleans, including barricading their

apartments, while plans are finalizedto demolish New Orleans’ historicpublic housing buildings. Thesefamilies are not disposable. Theyhave a right to return to the security oftheir apartments and community, to beconsulted about the future of publichousing, and to participate in therebuilding and economicredevelopment of New Orleans,” saidMr. Bricker.

The Firm has a history of defendingthe civil liberties of public housingresidents on a pro bono basis. The

Jenner & Block Partners Ross B.Bricker and John F. Ward, Jr. areleading a pro bono team in adiscrimination class action lawsuitagainst U.S. Department of Housingand Urban Development (HUD), theHousing Authority of New Orleans(HANO) and various seniorgovernment officials on behalf ofpublic housing residents displaced asa result of Hurricane Katrina.

Like the rest of the city, the Firm’sclients fled their homes when thehurricane struck New Orleans in

Jenner & Block Represents Public Housing ResidentsDisplaced by Hurricane Katrina

Continued on page 7 �

Aid to Non-Profits Helps Katrina Victims, Others

Jenner & Block provided pro bonolegal assistance to several non-profitsin 2006 by helping them with theirtoughest tax, organizational andgovernance issues.

One of the most urgent needs to befilled occurred in the aftermath ofHurricane Katrina. Partner Steven R.Meier assisted Architecture forHumanity in Biloxi, Mississippi toestablish the legal framework for a pilotprogram designed to assist familieswho lost their homes to connect witharchitects, engineers and designers tohelp reconstruct their residences.

Mr. Meier negotiated funding andservice agreements with donors,collaborating agencies and thevolunteer professionals.

“As a result of this program, ourclient was able to play an integral rolein post-Katrina reconstruction efforts inBiloxi,” said Mr. Meier. “We were veryglad to help people rebuild their livesthrough this work.”

Jenner & Block also helped othernon-profits address equally compellingneeds in the community.

Partner John W. Newlin helped thenot-for-profit National Association forUrban Debate Leagues to secure tax-exempt status earlier this year. TheNAUDL promotes and organizes urbandebate leagues that aim to empower

youth through policydebate training,preparation andmentoring.

“Our work will helpthe NAUDL with itsfundraising efforts andultimately, it will helpmore schoolchildrenbecome betteradvocates for themselvesand their communities,”said Mr. Newlin.

Jenner & Block also assisted TheSchool Street Movement in itssuccessful merger with another non-profit organization to create a newentity dedicated to reaching at-riskyouth through the performing, visualand literary arts. Associates ChristineL. Childers and David S. Drachler, andPartner Geoffrey M. Davis providedcorporate and tax advice in the merger.

In addition, associate David S.Drachler assisted The NationalAssociation of Veterans UpwardBound Project Personnel withincorporating, amending its bylaws andapplying for tax-exempt status in May.The association helps U.S. militaryveterans by developing, improving andextending educational access throughacademic needs assessment andinstruction, among other things.

Partner Robert S. Portman, Mr.Meier and former associate ToddJohnston provided pro bonoassistance this year to the AmericanSpecial Hockey Association, whichorganizes hockey programs for childrenwith developmental disabilities. Theteam helped the organization byreviewing its bylaws and helping itobtain 501(c)(3) tax status.

Partners Tobias L. Knapp andSteven R. Meier, and Associate PeterH. Rosenbaum also helped theAmerican Association of RhodesScholars (AARS) by reviewing itsgovernance and organizational status,and in helping to convert the AARSfrom an unincorporated association toa not-for-profit non-stock corporation.

The AARS recently honored Jenner& Block for its contributions in aresolution unanimously passed by theAARS board.

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Winter 2006

a certain tribe or associating with anopposition political party.

Jenner & Block Partners LawrenceS. Schaner and Charlotte L. Wager,and Associates Denise KirkowskiBowler, Alison A. Dieterichs, AaronM. Forester, Shahid U. Haque, BryanD. King, Kathryn E. Loncarich, John K.Min, Keith V. Porapaiboon and Mr.Thomson, all successfully representedasylum seekers in 2006. Mr. Schaner,as well as Partners Donald R.Cassling, Richard J. Gray, James A.McKenna and Shelley Smith servedas supervisory attorneys.

“Representing asylum seekers hasbeen an extremely rewarding part ofmy work with Jenner & Block,” saidMr. Thomson. “Intelligent, upstandingindividuals in other countries enduretremendous suffering for exercisingrights we take for granted in theUnited States.”

The Firm often discoversopportunities to provide legal

assistance to refugees seeking asylumthrough the National Immigrant JusticeCenter (NIJC), formerly the MidwestImmigrant and Human Rights Center.Mr. Schaner serves on the group’sLeadership Council.

According to an article published inthe CBA Record, current law makes itdifficult for asylum seekers tosuccessfully substantiate their cases.NIJC Director Mary Meg McCarthynoted that it takes a “special type” oflawyer to accept the challenge ofrepresenting asylum seekers. “Probono representation in this contextrequires intensive country condition

study, delicate personalcommunication, and acommitment to winning anuphill battle,” Ms. McCarthy toldthe Record.

Educating Others

In addition to representingclients in need, the Firm hostedtraining sessions with the NIJCin March and November,designed to educate newattorneys on the properhandling of pro bono asylum

cases. At these best practicesseminars, attorneys learnedabout client interviews and theimmigration court hearingprocess, and were coached onhow to develop trust withtraumatized and sensitive

clients. Attorneys who attended theseseminars are expected to take on apro bono asylum case in theupcoming year.

The Firm also sponsored theSeventh Annual Midwest Light ofHuman Rights Awards Luncheon,which benefited the NIJC and theMarjorie Kovler Center for Treatmentof Survivors of Torture.

Jenner & Block attorneyssuccessfully obtained asylum for tenindividuals this year, enabling therefugees — who were persecuted intheir homelands for their politicalviews and ethnic identities — toremain in the United States andeventually seek U.S. citizenship.

Among the Firm’s pro bono clientswas Kisuule Magala Katende, aprominent broadcast journalist fromUganda who was repeatedlyharassed, threatened and beaten forreporting on activities of the Ugandangovernment and broadcastinginterviews with those who opposedthe ruling party.

The Firm’s efforts beforethe U.S. Department ofHomeland Security, led byAssociate Wade A.Thomson, aided Mr.Katende in resuming hisjournalism career here.

A team of Jenner & Blockattorneys also represented ahuman rights attorney fromMongolia, persecuted by theMongolian police forhandling cases thatchallenged unconstitutionalpolice practices, before theUnited States ImmigrationCourt in Chicago.

In addition, the Firmsuccessfully representedindividuals from the Republicof Congo, Guinea, Liberia, Tibet,Togo and Turkmenistan before theImmigration Court and the SeventhCircuit Court of Appeals, all of whomhad suffered trauma in the hands ofgovernment officials in their nativecountries. In many instances, theclients and their families had beenrepeatedly raped, beaten, andtortured by government officials forreasons as innocuous as belonging to

Firm Helps the Persecuted Gain New Lives

Jenner & Block hosted training sessions in collaboration withthe National Immigrant Justice Center (NIJC) that provided acomprehensive overview of asylum law and practice. Pictured:Partner and Pro Bono Committee Co-Chair Barry Levenstam,NIJC Coordinator Keren Zwick, NIJC Director Mary MegMcCarthy, and Partner Lawrence S. Schaner, who helpedorganize the event and serves on the Leadership Council ofthe National Immigrant Justice Center.


Lopez Torres v.New York StateBoard of Electionswas filed by agroup of plaintiffsled by New YorkJudge MargaritaLopez Torres. Thegroup had arguedthat the use of thejudicialconventionsdeprived voters oftheir right to casta “meaningful”vote for trial courtjudges and imposes“insurmountable burdens” onchallenger candidates who havesignificant support among partymembers, but are opposed by theircounty’s party leaders.

The Convention SystemThe plaintiffs in Lopez Torres take

issue with New York’s “closed”judicial electoral scheme, in whichjudicial candidates for New York’shighest trial court must be nominatedthrough conventions. As the plaintiffsargued at the preliminary injunctionhearing before Judge John Gleesonof the U.S. District Court for theEastern District of New York, those

conventions are controlled by localparty leaders rather than by delegatesor voters.

Mr. Creelan, formerly the DeputyDirector of the Democracy Program atthe Brennan Center for Justice at NewYork University School of Law, helpedconceive of the constitutionalchallenge to New York State’s judicialconvention system as co-lead counselfor plaintiffs in the case.

Upon joining the Firm’s New Yorkoffice earlier this year, Mr. Creelancontinued work on the case, and wasjoined by Associates Brian Hauck,Carletta F. Higginson, Adam H. Morseand Elizabeth Valentina.

Jenner & Block achieved a probono victory in a landmark judicialreform case when a federal appealscourt on August 31 affirmed apreliminary injunction barring thestate of New York from using “judicialconventions” to select candidates forits Supreme Court.

The trial court had ruled in Januarythat the state’s judicial electionscheme was a violation of the federalconstitution’s First Amendmentassociational right of voters andcandidates to participate in theelectoral process.

“New York’s nominating process,as found by the District Court, doesnot merely deprive a candidate of arealistic chance to prevail; rather,through the use of overlapping andsevere burdens, it deprives acandidate of access altogether,” theU.S. Court of Appeals for the SecondCircuit wrote in its decision.

“The decision confirms whateveryone already knew – the judicialconvention system deprives voters ofa say in selecting judges and is firmlyunconstitutional,” said Jeremy M.Creelan, an associate at Jenner &Block who served as co-lead counselfor the plaintiffs in the case.“Hopefully this marks the beginning oftrue reform for the process.”

Victory in New York Judicial Reform Case

Pictured: Ms. Higginson, Ms. Valentina and Mr. Creelan.

4

Student Newspaper’s Free Speech Rights Defendedwhich took a school board member totask for his alleged campaign activitiesin a neighboring school district, wherelocal voters had recently approved twoschool tax increase referenda. Amongother things, the editorial had urged theboard member to focus on local matters,not those in neighboring districts.

After the board member questionedthe students' right to publish theeditorial, school officials delayedpublication of the March 24 issue ofThe Voice until at least the specialboard meeting. But the district’sspring break began on March 24, andstudents were not to return to schooluntil April 3. The delay in publishingthe newspaper was unacceptable andamounted to unlawful censorship, Mr.Fuentes told the board.

The board voted unanimously toallow publication of the newspaper andto apologize to its student staff, aftermany of the approximately 100 personsat the board meeting spoke against thedistrict’s censorship of the newspaper.Board member Kim Skaja said thedistrict’s apology extended to the public.

After the board’s vote, Mr. Fuentestold the board that it needs to takestudents’ First Amendment rights moreseriously from the outset, and that anyfuture efforts to censor the papershould prompt an immediate analysisof whether the censorship would be unlawful.

“When it comes to these students’First Amendment rights, don’t shootfirst and ask questions later,” Mr.Fuentes told the board.

Jenner & Block convinced a northwestsuburban school district in March to liftits censorship of a high schoolnewspaper and to apologize publicly tothe student newspaper’s staff.

Partner Gabriel A. Fuentes told theboard of Consolidated School District158 during a hearing in Algonquin,Illinois that its quarantining of 1,500copies of The Voice, the school-sponsored student newspaper atHuntley High School, was “notrelated to any legitimate educationalpurpose” and therefore violated thestudents’ constitutional right to freespeech as established by the U.S.Supreme Court in Hazelwood SchoolDistrict v. Kuhlmeier.

The dispute, widely reported in thelocal media, centered on an editorial

5

Winter 2006

handling on a pro bono basis boilsdown to whether the U.S. courts havethe power “to police organizationsthat operate in other countries, buthave no physical presence or activitiesin the U.S.”

Mr. Martin also noted that this casemay eventually help set a “FirstAmendment” precedent involving the“extent to which people are free tomaintain their own lists of what theybelieve is spam and express thatopinion globally.”

In addition to Messrs. Neumeier andMartin, the Firm’s legal team includesAssociates Stephen M. Geissler, CarrieA. Fino, J.H. Jennifer Lee, Chad E. Bell,and Benjamin P. Wieck.

The unfolding case may profoundlyaffect future Internet enterpriseeverywhere, the attorneys agree.Spamhaus maintains an extensive listof Internet addresses known to beused to send spam. Client companies

then query this block list to decidewhether to accept an email. This wasthe fate of the plaintiff who maintainsthat it is not an Internet spammer, butrather a multi-channel marketingcompany that utilizes both the Internetand direct mail.

According to Spamhaus, however, ithas received many complaints fromInternet users that e360Insight sendsunsolicited bulk e-mail. Additionally, nolawsuits against Spamhaus have beenfiled in the U.K., Spamhaus officialshave maintained, because suchchallenges would typically be viewedby the British judiciary as frivolous.

On October 15, Jenner & Blockattorneys filed the appeal to thedefault judgment on behalf ofSpamhaus with the U.S. Court ofAppeals for the Seventh Circuit. Theirappellate brief was filed in Novemberand oral arguments will be scheduledfor early 2007.

A team of Jenner & Block attorneysled by Partners Matthew M. Neumeierand Craig C. Martin have appealed aclosely-watched $11.7 million defaultverdict in favor of an Internet marketingcompany in Wheeling, Illinois andagainst Spamhaus, a small Britishnonprofit group that identifies e-spammers and helps corporationsavoid unsolicited email traffic.

According to the federal tortiousinterference and defamation suit filed inJune by e360Insight, the plaintiff wasunfairly labeled an Internet spammer bySpamhaus and its marketing effortsthereby harmed. On September 15,Chief U.S. District Judge Charles P.Kocoras entered a default judgmentagainst Spamhaus, which had declinedto defend itself on the ground that U.S.courts have no jurisdiction over itsLondon-based operations.

Mr. Neumeier said that one of thekey issues of the case he’s now

Jenner & Block Defends Anti-Spam Group’s Efforts

Mr. Zeller became involved in thematter through The Pro Bono Centerfor Disability and Elder Law (CDEL),a nonprofit organization that providesfree legal services to the elderly andpersons with disabilities in theChicagoland area. CDEL hasprovided pro bono legal services tomore than 40,000 elderly andpersons with disabilities during thepast two decades.

At Mr. Zeller’s request, the courtagreed in 2002 to stay the evictionproceedings, and granted him time tofile an action to quiet title, in order toestablish that the transfer of the titleaway from the client was not legal.

During the ensuing discoveryprocess, Mr. Zeller learned that themortgages taken on the client’sproperty and the persons involvedwith them were the subject of twodifferent federal criminal

investigations, and that theacquaintance herself had served timein federal prison for tax evasion sinceworking with his client. After theacquaintance was released fromfederal prison, Mr. Zeller was able todepose her and obtain handwritingsamples from her. A handwritingexpert believed that it was “highlylikely” that the signatures on themortgage transfers were forged andthat it was “likely” that theacquaintance forged at least one of thesignatures. As a result of those andother revelations, the parties agreed toa settlement whereby the client wouldregain full ownership of her home afterpaying off the client’s legitimatemortgage that had been extinguishedby the first fraudulent one.

Mr. Zeller was assisted by PartnerMatthew M. Neumeier throughout thecourse of this case.

Jenner & Block Partner StevenMcMahon Zeller recently helped a probono client regain her home after ithad been fraudulently transferred,mortgaged and foreclosed uponwithout her knowledge.

Following her husband’s suddenillness, the client turned to anacquaintance, who was posing as acredit counselor, for assistance. Theacquaintance allegedly forged theclient’s signature and that of herhusband in order to sell the home andpocket the proceeds of a fraudulentlyobtained mortgage.

The house was then transferred asecond time, and another fraudulentmortgage was taken on the home.The second mortgage companyeventually foreclosed on the homeand attempted to evict the client in2002, just months after her husbanddied from his long illness.

Home Ownership Restored for Elderly Client

Those organizations exibiting and recruiting at thefair included:• Abraham Lincoln Marovitz Lend-a-Hand Program• Access Living • AIDSCARE • AIDS Legal Council of Chicago • Cabrini Connections: Tutor/Mentor Connection • Cabrini Green Legal Aid Clinic • CARPLS • CBA Membership • Center for Conflict Resolution • Center for Economic Progress • Centro Romero • The Chicago Bar Foundation • Chicago Coalition for the Homeless • Chicago HOPES • Chicago Legal Clinic • Chicago Volunteer Legal Services (CVLS) • ChildServ • Christopher House• Chicago Lawyers’ Committee for Civil Rights

Under Law• Chicago Legal Advocacy for Incarcerated Mothers • Community Economic Development Project • Constitutional Rights Foundation • Council on American-Islamic Relations • East Village Youth Program • Equip for Equality • Evanston Community Defender • Fairygodmother Foundation • Farmworker Advocacy Project • First Defense Legal Aid • Horizons for Youth • Illinois Legal Aid Online • JVS Chicago • Lawyers’ Committee for Better Housing • Lawyers for the Creative Arts • Legal Aid Bureau of Metropolitan Family Services • Legal Assistance and Resource Center, Catholic

Charities of the Archdiocese of Chicago • Legal Assistance Foundation of Metropolitan

Chicago • Mercy Home for Boys & Girls Tutoring Project • Midtown Educational Foundation• National Immigrant Justice Center • Northwestern Children & Family Justice Center • Pro Bono Center for Disability and Elder Law • Public Interest Law Initiative (PILI) • Voices for Illinois Children• YLS Volunteer Projects for the Community

6


Record Attendance at Chicago Pro Bono Fair

Hundreds of attorneys and law students recentlygathered at Jenner & Block for the Chicago Bar AssociationYoung Lawyers Section’s annual Pro Bono & CommunityService Fair. Now in its 13th year, the event was anopportunity for members of Chicago’s legal community tomeet with representatives from 45 pro bono clinics, publicservice organizations and mentoring programs.

Jenner & Block Partner Anton R. Valukas delivered theevening’s keynote address and said that it is “individualefforts that make the most significant difference” in thecommunity.

Co-sponsors of the event were The Chicago BarAssociation Young Lawyers’ Section, The Chicago BarFoundation, Jenner & Block, Exelon Corporation and thePublic Interest Law Initiative.

The Pro Bono & Community Service Fair was thecenterpiece of Chicago’s Pro Bono Week, which MayorRichard M. Daley and Illinois Governor Rod R. Blagojevichdeclared as a time “to honor lawyers’ pro bono efforts.”

Pictured, top: Kimball R. Anderson, President of the Chicago BarFoundation; Megan Healy McClung, Chair of the CBA YoungLawyers Section; Partner Anton R. Valukas; Pamela SakowiczMenaker, Co-Chair of the Pro Bono Week planning committee;Kevin P. Durkin, President of the CBA; and Mary Meg McCarthy,Co-Chair of the Pro Bono Week planning committee.

Pictured, left: Sherizaan Minwalla and Jeff Mok of the NationalImmigrant Justice Center meet an attendee.

Partner Aids Ethiopians in Humanitarian Mission

Katrina Story, continued from page 2

Firm in 2005 obtained a landmarkvictory on behalf of 14,000 Baltimorepublic housing residents when afederal court ruled that HUD officialshad violated the Fair Housing Act intheir failure to consider a regionalapproach to solving that city’s publichousing needs. The Firm alsoobtained significant relief for publichousing residents in cases in Illinoisand Miami.

The New Orleans class actioncomplaint alleges that, beforeHurricane Katrina, over 5,000 familieslived in New Orleans public housing.While many neighborhoods weredevastated by Katrina, public housingdevelopments mostly came throughthe storm intact, with minimal or nodamage. Yet, rather than opening thepublic housing, or clean and repairany modest damage that existed,HANO and HUD elected to shutterthe developments with locks and steel bars.

As a result, displaced residents stillremain in Baton Rouge, Houston,

Atlanta and numerous other cities,separated from their families, andoften ostracized as unwelcome orundesirable additions to the community.

The class action complaintcontends that defendants’ actionsviolate the Fair Housing Act,Louisiana law, and other federal andstate laws. The complaint allegesthat one of the reasons for HANOand HUD’s actions is drawn from thepublic and private sectoropportunities presented by postKatrina New Orleans. Together withprivate interests, HANO and HUDhave developed plans to demolish all5,000 public housing units thatexisted before Hurricane Katrina andreplace them with homes geared tomore mixed income residents. Theplans call for only a limited number ofunits to be reserved for publichousing tenants, and even then withrestrictive eligibility criteria.

The primary beneficiaries of thisapproach will be real estate and otherdevelopers, to the detriment of New

Orleans working poor, the suit claims.Furthermore, this planned demolition,at a time of unprecedented housingcrisis in New Orleans, will inevitablychange the city’s demographics.

In addition to Mr. Bricker and Mr.Ward, the Jenner & Block team onthis matter includes Associates AdamH. Morse, Lara E. Fitzsimmons,Gabriel A. Crowson, Abby J. Clark,Anne C. Fitzpatrick, and paralegal,Shawn K. McGee. Third-year lawstudents Nancy Jacobson, JohnRoberts and Sara Ruff, who workedextensively with the class during theirsummer clerkship at the Firm, havecontinued to provide assistance. Co-counsel includes AdvancementProject, a democracy and justiceaction group to promote a fair andjust multi-racial democracy inAmerica, William P. Quigley, and R. Judson Mitchell, professors atLoyola University New OrleansSchool of Law, and civil rightsattorney Tracie L. Washington.

met émigrés from many differentnations who had been successfullyintegrated into Israeli life and culture.

The group flew to Ethiopia to meetand help transport émigrés back toIsrael. “One highlight was inwatching a father reunite with the sonhe hadn’t seen in almost twodecades,” said Ms. Berman.

Over 10,000 Jewish Ethiopians areon the program’s waiting list to moveto Israel, Ms. Berman said. OperationPromise has also made improvementsto the quality of life for Jewish peoplein Ethiopia by providing food, medicaland education services while theyawait relocation to Israel, she added.Upon moving to Israel, the émigrésare provided with accommodationsand an education in Israeli culture,including the Hebrew language, in

order to facilitate their acclimation tothe community.

Ms. Berman shared her experiencewith the Firm upon her return to theUnited States at a special reception.The Firm’s Chairman, Jerold S. Solovy,lauded the program and Ms. Berman’sservice to others. We are fortunate tolive in a nation of plenty, and we havethe duty to help those in need, he toldthe audience.

The Operation Promise program isled by the United Jewish Communitiesand the federations of North America,including the Jewish United Fund/JewishFederation of Metropolitan Chicago.Ms. Berman is the Secretary and amember of the Executive Committeeof the Jewish United Fund/JewishFederation of Metropolitan Chicago.

Jenner & Block Partner Debbie L.Berman participated this summer in aweek long trip to Ethiopia and Israel,where she helped 130 JewishEthiopians emigrate to Israel as partof the Operation Promise program.

“We do not usually have theopportunity in life to play a part inhistory,” said Ms. Berman.

Operation Promise providesEthiopians of Jewish descent withairfare and transition services to aidtheir relocation from Ethiopia to Israel.Making ten airline flights in sevendays, Ms. Berman assisted in thehumanitarian effort by travelingalongside and supporting the émigrésto Israel as well as by observing theprogress of the program in bothcountries. She began her trip inIsrael, where she visited a school and

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Winter 2006

physician “often transposes numbers”and “can make mistakes” due to hisdyslexia condition.

Mr. Taylor was convicted of murderin 1989.

Missouri is currently appealing thetrial court’s stay and revising its lethalinjection protocols to comply with theCourt’s ruling. Partner Donald B.Verrilli, Jr. and Associates Ginger D.Anders, Eric Berger and Matthew S.Hellman represented Mr. Taylor, along with Missouri attorneys JohnWilliam Simon, Chet Pleban andLynette Petruska.

In California, another Jenner &Block team led by Partner Richard P.Steinken is representing Death Rowinmate Michael A. Morales, who wassentenced to death for a 1981murder. Mr. Morales had beenscheduled to be executed onFebruary 21, 2006, but was sparedwhen the Firm, along with Californiaattorneys David A. Senior and John R.Grele, secured a federal injunctionhalting his execution and all others inthe state until the lethal injectionprotocol was reviewed to ensureinmates did not suffer unnecessarilyduring the process.

In the Morales case, the Jenner &Block legal team presented evidenceat a September hearing that the

Lethal Injection Cases Question State Procedures

state’s execution system subjectsinmates to an unnecessary risk of painbecause officials have failed to provideadequate training or install safeguardsdesigned to prevent suffering.

U.S. District Judge Jeremy Fogel isexpected to rule on Mr. Morales’ casesoon. In addition to Mr. Steinken, theFirm’s team includes Associates GingerD. Anders, Janice H. Lam andStephanie L. Reinhart.

One of the legal underpinnings forsuch challenges to lethal injectionprotocols was established earlier in2006 with the help of the Firm’sadvice to the counsel of record forDeath Row inmate Clarence Hill in theU.S. Supreme Court case Hill v.McDonough. In that case, the Courtunanimously ruled that inmates canchallenge a state’s method ofexecution in federal court when thereis “a risk of pain the State can avoid”and without having to file a habeascorpus petition contesting the originaldeath sentence.

Partners Donald B. Verrilli, Jr. andIan Heath Gershengorn as well asAssociate Eric Berger had assistedthe counsel of record to Mr. Hill, whowas convicted of murder in 1983.

Jenner & Block was honored by the American Bar Association’sDeath Penalty Representation Project for “exceptional pro bonocontributions” on behalf of Death Row prisoners at the Project’srecent 20th Anniversary & Volunteer Recognition event. Partner TerriL. Mascherin accepted the Volunteer Award on behalf of the Firm.Ms. Mascherin is the former Chair of the Project’s SteeringCommittee and has represented several Death Row inmates on a probono basis throughout her career. Pictured: Ms. Mascherin andRobin M. Maher, Director of the Death Penalty Representation Project.

Jenner & Block attorneys challengedthe constitutionality of state lethalinjection procedures in severalnationally watched pro bono casesduring 2006.

Jenner & Block representedMissouri Death Row inmate MichaelTaylor, who successfully challengedthe state’s lethal injection protocol asbeing a violation of the Constitution’sprohibition against cruel and unusualpunishment.

In July, a federal court stayed Mr.Taylor’s execution and halted allexecutions in Missouri pendingchanges to the state’s lethal injectionprotocol to ensure the condemnedare not subjected to unconstitutionalpain and suffering.

The Taylor case revealed multipleissues with the state’s lethal injectionprocedures. During the course ofdiscovery it became apparent thatMissouri had vested almost totaldiscretion regarding the executionprocedure to a single physician, whoperiodically changed fundamentalaspects of the procedure, including theamount of anesthesia administered.

The case further revealed thatinmates who had received lethalinjections may have been giveninsufficient doses of anesthesia andthat the Department of Corrections’

8


Firm Honored By ABA For Death Penalty Representation

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Winter 2006

Chicago Appleseed Fund Honors Graham for His Commitment to Social Justice

Pictured: Linda Singer, then Executive Director ofAppleseed, the national network of Appleseed public interestlaw centers; Mr. Graham; and Malcolm Rich, ExecutiveDirector of the Chicago Appleseed Fund for Justice.

Jenner & Block Partner Robert L. Graham was honoredin March for his commitment to social justice andcommunity service by the Chicago Appleseed Fund forJustice at a gala that was attended by over 200 people.Mr. Graham has served on the Fund's Board of Directorsfor many years, helping to guide the organization in itsmission to identify social justice and governmenteffectiveness issues.

Randall E. Mehrberg, Executive Vice President andChief Legal Officer of the Exelon Corporation and formerJenner & Block Partner, presented the Appleseed awardto Mr. Graham. Among other things, Mr. Mehrberghighlighted Mr. Graham’s commitment to the legal issuesof the less fortunate and his encouragement of others totake on pro bono matters and otherwise help the needy.

transportation is much more than aconvenience — it is absolutelyessential. It is difficult to convey justhow significantly the terms of thesettlements will positively impact thelives of many thousands of people inour community — now and in thefuture. And, given the amount ofinterest that has been generatednationwide, we believe that this casewill likely have a ripple effect in manyother communities as well.”

One defendant, NorthwestCommunity Action Corporation, hasnot agreed to settle and a trial isexpected next year.

In addition to Mr. Siros, the Jenner & Block team on this matterincluded Associates Nada Djordjevic,Katherine Rahill, Emma J. Sullivan,Kristen M. Boike, Tracy E. Dardick,Christina Tomaras Hansen, Andrew F.Merrick, Elizabeth A. Kalisz, Laura E.Pelanek, Shana A. Shifrin, BenjaminM. Vetter, Anne K. Wasilchuk andMelissa S. Wills.

A federal court approved consentdecrees mandating that publictransportation services be improvedfor the disabled in Lake County,Indiana on October 6 in a closely-watched legal battle led by Jenner &Block attorneys on behalf of personswith disabilities there.

The court-sanctioned agreementsrequire that the defendants takeimmediate steps to improve servicesfor the disabled, including requiringspecific training for drivers on how tointeract with people with disabilitiesand establishing policies andprocedures to ensure that personswith disabilities can avail themselvesof public transportation services thatare fully compliant with the Americanswith Disabilities Act.

“The outcome sends a strongmessage that the Americans WithDisabilities Act must be fullycomplied with and reaffirms thefundamental rights of the disabled,”said Partner Steven M. Siros, who ledthe Firm’s legal team.

The Firm represented EverybodyCounts Center for Independent

Favorable Consent Decrees in Landmark Pro BonoDisabled Rights Case

Living, a not-for-profit advocacyagency and a certified class ofpersons with disabilities, in a probono class action lawsuit filed sixyears ago. The lawsuit alleged asystemic failure by the governmentaloversight entities and transportationproviders to provide ADA-compliantpublic transportation services topersons with disabilities.

The lawsuit also alleged multipleviolations of the ADA, which waspassed by Congress more than 15years ago to protect disabledindividuals’ ability to have equalaccess to public facilities andservices. The complaint contendedthat the defendant state agenciesmisused federal funds earmarked forimproving transportation services topeople with disabilities and that theyignored repeated complaints aboutthe lack of transportation for personswith disabilities in Northwestern Indiana.

Said Teresa Torres, ExecutiveDirector of Everybody Counts: “Forindividuals with significant disabilities,adequate and appropriate public

prisoners had the right to file habeaspetitions regarding their detentions infederal court, and in Hamdi v.Rumsfeld, which reaffirmedconstitutional rights of U.S. citizens tochallenge their detentions, theDepartment of Defense established areview procedure for the detaineescall the Combatant Status ReviewTribunals (CSRTs).

According to the government, theCSRT hearings were intended toprovide a venue for the government tojustify the prisoners’ “enemycombatant” status, and to provide theprisoners with a “meaningfulopportunity” to challenge theirdetentions. However, the Firm’sattorneys have charged that many ofthe rules surrounding the hearings, inwhich the prisoners had no right tocounsel or to view the evidenceagainst them and the government’scharges were presumed “genuine andaccurate,” did not allow the prisonersto challenge their detentionseffectively.

According to the Firm’s legal briefs,between August 2004 and January2005, CSRT military tribunals foundover ninety percent of the prisoners tobe “enemy combatants,” includingmany prisoners who told the CSRTthat their confessions were false and

had been coerced from them throughtorture and other unconstitutionaltreatment.

The Detainee Treatment Act (DTA),which took effect at the end of 2005,provided that Guantánamo prisonerscould no longer challenge theirdetention through petitions for habeascorpus. Instead, the prisoners couldonly obtain a limited court review oftheir CSRT determinations. In June2006, the Supreme Court rejected thegovernment’s argument that the DTAoperated retroactively to invalidate thepending habeas petitions. Thedecision in Hamdan v. Rumsfeld alsooverturned the Defense Department’srules for military commissions to tryviolations of the law of war.

The Military Commissions Act wasenacted in response to Hamdan andwas signed into law in October 2006.Among other things, the Act attemptsto overrule Hamdan and strips theright of habeas corpus for all non-citizens labeled “enemy combatants,”including all Guantánamo prisoners.

The Firm’s attorneys have filedhabeas petitions and an extensiveseries of motions on behalf of theirclients, including motions to showcause, requiring the government toproduce findings and transcripts fromthe prisoners’ CSRT hearings, and

Jenner & Block attorneys weresignificantly involved during 2006 inthe litigation and national debatesurrounding the legal status of thedetainees being held at the U.S. NavalBase in Guantánamo Bay, Cuba.

Several of the Firm’s attorneys fromthe Firm’s Chicago and Washington,DC offices represent 15 of thedetainees held at the facility, who arechallenging the legality of theirdetention.

Jenner & Block attorneys have alsoauthored influential amicus briefs inseveral Guantánamo-related casesbefore the U.S. Supreme Court andother courts.

In addition, Partner Thomas P.Sullivan testified before the U.S. SenateJudiciary Committee at a hearing onthe Military Commissions Act of 2006’scontroversial provision strippinghabeas corpus rights from detainees.

“Locking away hundreds of men foryears without charge, and without afair system of freeing the innocentamong them, runs contrary toeverything our country stands for,”said Partner Patricia A. Bronte, whorepresents several of the detainees.“We feel very strongly that our clients’cases raise issues central to the ruleof law, human rights and the integrityof our legal system.”

Jenner & Block attorneys have alsobeen persistent advocates for theirclients in the media, includingpublishing opinion pieces in leadingnewspapers, as well as providingcommentary to the national media.

According to published sources,approximately 435 detainees arecurrently at the Guantánamo facility.Many have been held for more thanfour and one-half years.

Jenner & Block is one of many lawfirms involved in the litigationsurrounding the rights of thedetainees. The Center forConstitutional Rights in New York isspearheading the coordinated effortsof all counsel, which includes largelaw firms, solo practitioners, civil rightsgroups and Federal defenders.

Legal StatusFollowing the 2004 U.S. Supreme

Court decisions in Rasul v. Bush,which held that Guantánamo

Human Rights of Detainees Defended on Many Fronts

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Partner Thomas P. Sullivan testified on September 25 before the SenateJudiciary Committee on Congressional proposals to limit detainee access tohabeas corpus review included in the Military Commissions Act. Mr. Sullivan saidthat the authorization by Congress of the habeas stripping provisions was a “amomentous moment in our history,” and urged the senators to vote against theprovisions because they do not comport with traditional notions of due process.

Winter 2006

In February, Partner Lorelie S.Masters and Associate Scott B.Wilkens, in conjunction with theBrennan Center for Justice at NewYork University School of Law, filed anamicus brief in a federal appealscourt, also on behalf of several retiredfederal judges, in support of twodetainees, who had been held for fouryears at Guantanamo Bay. The U.S.Government continued to hold themeven after a CSRT had determinedthat they were not enemy combatants.The Firm’s brief on behalf of six retiredjudges, both Republicans andDemocrats, argued that the twodetainees should be granted habeasrelief. Just before oral argument in thecase, the government flew thedetainees to Albania and releasedthem without any prior notice to theirlawyers or the court.

In Rasul, Mr. Bradford and PartnerSteven McMahon Zeller filed a briefbefore the U.S. Supreme Court onbehalf of several retired judges. InHamdi, Partners Barry Sullivan andShelley Smith led a Jenner & Blockteam to file a brief with the Court onbehalf of the American BarAssociation.

The Firm also served as co-leadcounsel to Jose Padilla in the 2004U.S. Supreme Court case Rumsfeldv. Padilla, which also addressedwhether a U.S. citizen can be heldindefinitely and without trial.However, the Court ruled that thelawsuit improperly named thenDefense Secretary Donald Rumsfeldand did not rule on the case’s merits.The Firm’s team on the Padilla casewas led by Partner David W. DeBruinand included Partner William M.Hohengarten and AssociatesMatthew S. Hellman, Duane Pozzaand Scott B. Wilkens.

Court. The Supreme Court cited thisamicus brief in its Hamdan opinion.

Mr. Hicks remains at GuantánamoBay, awaiting a hearing authorized bythe Military Commissions Act.

The Jenner & Block attorneysrepresenting Mr. Hicks includePartners Michael B. DeSanctis, MarcA. Goldman and Andrew A. Jacobsonand Associates Omar R. Akbar, EricBerger, Craig E. Estes, Elizabeth L.Kendall and Andrew W. Vail.

Other Amicus ActivityMost recently, former U.S. Attorney

and Jenner & Block Partner Anton R.Valukas joined former AttorneyGeneral Janet Reno and other formerprosecutors to file a brief in adetainee case before a federalappeals court.

The brief argued that the existingcriminal justice system is up to thetask for prosecuting those who planor attempt terrorist acts within theUnited States and without sacrificingany of the rights “that have been thehallmarks of the American legalsystem for more than 200 years.”

Also this Fall, Partner Patricia A.Bronte and Associate Douglas A.Sondgeroth submitted an amicus briefon behalf of seven retired federaljudges in the consolidated cases nowpending in the D.C. Circuit Court ofAppeals contesting theconstitutionality of the habeas-stripping provisions of the MilitaryCommissions Act. The brief contendsthat the Act could force the judiciaryto affirm detentions based onevidence wrenched from prisoners bytorture or other unconstitutionaltreatment. The Firm worked alongwith attorney Agnieszka M. Fryszmanof Cohen, Milstein, Hausfeld & Toll,PLLC on the brief.

emergency motions for the Firm’sattorneys to gain access to and meetwith their clients.

In May 2006, three of the Firm’sclients were released from the facilityat Guantánamo Bay and weretransferred to the custody of theKingdom of Saudi Arabia.

Jenner & Block attorneys continueto travel to Cuba to attempt to meetwith their clients, assess their casestatus, and monitor the conditions oftheir imprisonment.

“Some are very receptive to ourefforts,” said Partner David J. Bradford,one of the Firm’s attorneysrepresenting the prisoners. “Othershave been respectful, but haveresisted our help due to mistrust ortheir desire to make a stand againstthe entire detention process.”

In addition to Mr. Sullivan, Mr.Bradford, and Ms. Bronte, other Jenner& Block attorneys representingprisoners include Partners Jeffrey D.Colman and Associates Wade A.Thomson, Maya D. Nath, MatthewDevine, Douglas A. Sondgeroth, andElton Y. Wong and Project AssistantMartin Mackowski.

Hicks CaseMeanwhile, another team of Jenner

& Block attorneys from theWashington, DC and Chicago officeshave since 2004 assisted the militarydefense counsel for David Hicks, anAustralian citizen detained atGuantánamo Bay, Cuba and chargedwith war crimes as part of the U.S.War on Terrorism. He has maintainedhis innocence of all charges.

The Firm’s representation hasincluded filing a habeas petition on Mr.Hicks’s behalf in federal court andauthoring an amicus brief in theHamdan case before the U.S. Supreme

11

Over 100 members of the Chicago legal community gathered atJenner & Block in December to celebrate the MacArthur JusticeCenter’s 20th year of criminal justice reform. Partner David J.Bradford, founding attorney and General Counsel of the organization,is pictured (left), with former Illinois Death Row inmate Dickey Gaines(second from left), whom the Center and Jenner & Block helped freeon constitutional grounds after a lengthy appeals process. Mr. Gaineshas gone on to become an advocate for prison reform. Also picturedare Solange MacArthur and Rick MacArthur, principal board membersof the Justice Center.

MacArthur Justice Center Celebrates 20 Years

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Successful Felony DefensePartner Terrence J. Truax and

Associate Darren J. Schmidtsuccessfully defended a 15 year oldpro bono client this Summer against afelony armed robbery charge. Despitefacing a minimum 21 years in prison,the client rejected a plea offer from thestate that would have allowed him toavoid prison time but yet saddled himwith a debilitating adult felonyconviction for most of his life. On theday of trial, it was revealed that thevictim was refusing to testify against theclient. Given this refusal and theabsence of other credible evidence, thestate was forced to dismiss the caseand the Firm’s young client was finallyallowed to return to his family.

Production Company Assisted Associate Elizabeth Valentina

counseled Waterwell Productions, anon-profit theater productioncompany, on negotiating the right toproduce an adaptation of the EugeneO’Neill play “Marco Millions,” whichran in New York City in August. Inconnection with that project, Ms.Valentina drafted releases for theperformers, musicians and othercontributors to the production.

Model Leasing Law Associate Brian Hauck and Of

Counsel Ronald DeKoven thissummer drafted a preliminary modellaw on leasing for UNIDROIT, anindependent intergovernmentalorganization based in Rome thatstudies methods for modernizing andcoordinating commercial law betweencountries. The law, targeted fordeveloping countries, will provide thelegal framework necessary to attractleasing investment in those areas. Inappreciation of the Firm'scontributions in developing the modellaw, UNIDROIT named Jenner &Block a “Corporate Correspondent.”It was the first time in the

NY Pro Bono PledgeThe attorneys in Jenner & Block’s

New York office pledged unanimouslyto perform at least 50 hours of probono service each year as part of theAssociation of the Bar of the City ofNew York’s initiative to “increase legalaid to the needy and to foster a strongculture of pro bono work within thecity’s law firms.” In agreeing to makethe pledge, Jenner & Block’s NewYork office signaled its commitment touphold the City Bar’s “Statement ofPro Bono Principles,” which providesa road map for lawyers and law firmsto increase the amount of meaningfulpro bono legal services in and aroundNew York City.

Defending Free Speech on Film Partner Ronald M. Daignault and

Associate Sami J. Valkonen, of Jenner& Block’s New York office, filed anamicus brief in the U.S. Court ofAppeals for the Second Circuit earlierthis year on behalf of the VolunteerLawyers for the Arts, a not-for-profitorganization that provides legal adviceand assistance to low-income artistsand non-profit artistic organizations.The filmmaker had challenged thequalified immunity of federal agents,who allegedly used the color of theirauthority to have a politically-orientedfilm removed from the Internet. TheFirm’s brief defended the independentfilmmaker’s First Amendment rights,and highlighted the Internet as anunrivaled means for distributingcreative expression. The parties arewaiting for the decision from theSecond Circuit.

Opposing Mandatory DeportationState-law convictions for mere

possession of illegal drugs do notconstitute “illicit trafficking”“aggravated felonies” triggeringmandatory deportation under theImmigration and Nationality Act,according to an amicus brief recently

News & Notes

filed on behalf of the American BarAssociation by Jenner & BlockPartner David W. DeBruin andAssociate Iris E. Bennett. The case,Jose Antonio Lopez v. AlbertoGonzalez, was argued before theU.S. Supreme Court in October. TheCourt ruled 8-1 in December thatpossession offenses that would notbe felonies under federal criminal laware not “aggravated felonies” forpurposes of immigration law.

Battling Lung DiseaseMore than 50 Jenner & Block

lawyers and staff members raced up94 floors to the top of the JohnHancock Tower in March as part of“Hustle up the Hancock,” an annualfundraising effort by the American LungAssociation of Metropolitan Chicagofor lung research, advocacy andeducation. The team raised more than$13,000 in donations for the event,which the ALAMC will use to help thethousands of people in Chicago whosuffer from lung disease, like lungcancer, emphysema and asthma.Partner Barry Levenstam led the Firm’sparticipation in the event and serves onthe Board of Directors of the ALAMC.

Appellate Victory for PrisonerJenner & Block Associate, Craig E.

Estes obtained a victory in the D.C.Circuit on behalf of a federal prisonerwho sued the Bureau of Prisons afterbeing denied the use of electronicdocuments on the grounds that prisonregulations forbid inmates frompossessing electronic documentsand/or accessing computers. Inresponse to Mr. Estes’ argument andbrief, the D.C. Circuit issued aunanimous opinion reversing the districtcourt and directing that judgment beentered for the prisoner, ruling that theBOP has a clear obligation under theFreedom of Information Act to providehim with the requested documents inelectronic format.

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Winter 2006

DC Criminal Case ContinuesPartners David A. Handzo and

Darren H. Lubetzky represented thisyear a man who had been indicted formurder. After a trial in which theattorneys impeached two keygovernment witnesses, the jurydeadlocked and a mistrial wasdeclared. The case will be re-tried inMarch 2007.

Battle for Mentally Ill Home OwnerIn December 2005, Jenner & Block

began representing the Cook CountyPublic Guardian and the Estate of MaryLowe, who was a mentally ill andhospitalized homeowner whose housewas sold to a tax scavenger at a taxsale for $110.65 in unpaid taxes. Atthat time, the Illinois Supreme Courthad rejected the Public Guardian’sargument that the process used to givenotification to Ms. Lowe failed tocomply with minimum constitutional dueprocess requirements. The Firm filed apetition for certiorari with the U.S.Supreme Court, which then vacatedand remanded the case to the IllinoisSupreme Court for further proceedings.The case is now being rebriefed andwill be reargued in the Illinois SupremeCourt in early 2007. The Firm’s team onthe case is being led by Partner BarrySullivan and includes Chairman JeroldS. Solovy and Associates DeniseKirkowski Bowler and Benjamin M.Vetter. Co-counsel are Cook CountyPublic Guardian Robert F. Harris,Charles Golbert, and Kass Plain.

Attorneys Sprint for Justice Nearly 20 Jenner & Block attorneys

and staff members this summerparticipated in the 13th annual ChicagoVolunteer Legal Services Foundation(CVLS) “Race Judicata Sprint forJustice 5K” held along Lake Michigan indowntown Chicago. Proceeds from theevent supported the CVLS’s mission toprovide free legal services to low-income Chicagoans.

organization's 80-year history that ithonored a corporate body with theCorrespondent title.

Children’s Hospital FundraiserJenner & Block Partner Joseph G.

Bisceglia co-chaired the 12th annualFour Stars of Chicago RestaurantExtravaganza in an effort to help raisefunds for St. Jude Children’sResearch Hospital. The event wasattended by 800 people and raisedover $540,000 for the hospital, whichmaintains the single largest center inthe United States for the treatmentand research of childhoodcatastrophic diseases, such ascancer and pediatric AIDS.

Supporting Scholarship ProgramJenner & Block received an award

for being a “High 5” sponsor ofScholarship Chicago, a nonprofitorganization that provideseconomically disadvantaged youth inChicago with programs andscholarships to help them pursuecollege or other post-secondaryeducation. Chairman Jerold S.Solovy and Partner J. Kevin McCallspearheaded the Firm’s donation tothe organization. On November 2,Jenner & Block was one of severalfirms recognized for their exceptionalsupport during a reception and awarddinner attended by more than 300executives, professionals andacademics.

Acquittal in Criminal CaseJenner & Block pro bono client

DeMarko Williams was acquitted oftwo counts of aggravated vehicularhijacking after Associate ChristopherV. Parente and former AssociateDonald S. Boyce Jr. convinced anIllinois jury that the case against Mr.Williams was based on flawedidentifications, lack of physicalevidence and an inadequate crimescene investigation.

ACS Fundraiser Jenner & Block continued its

tradition of supporting the AmericanCancer Society as it was thenonprofit’s largest law firm contributorfor the third consecutive year, andwas the second highest fundraiseramong all Chicago participators,during the ACS’ “Daffodil Days.”

Supporting Fairfield AcademyIn November, Jenner & Block

attorneys and other professionalsjudged the compelling science projectsof Fairfield Academy’s sixth, seventhand eighth graders. Shortly after theScience Fair, The Firm also brightened

the Academy’s holiday season whenattorneys and staff members teamedup to provide each of the 700 studentswith educational gifts. Jenner & Blockhas donated over 80 computers forthe school’s computer lab andclassrooms. Pictured: PrincipalBrenda Thomas with Partner Anton R.Valukas talking with Fairfield students.

Adoption Benefits RestoredAssociate Hanna L. Stotland

helped an adopted child regain lostgovernment benefits after challenginga provision in New York law thatwithdrew benefits for adoptees overthe age of 18 whose adopted parentshad died. Typically, adopted childrenin New York are entitled to benefitsuntil age 21. As a result of the Firm'sactions in the matter and otherpressures, the state changed the lawand the client was awarded $17,000in lost benefits.

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5K Race for American Brain Tumor Association

A team of Jenner & Block attorneys and staff were partof the 2,200 participants who raised more than aquarter million dollars for brain tumor research at theAmerican Brain Tumor Association (ABTA) Path toProgress 5K Walk and Fun Run in May. AssociateDavid S. Drachler led the Jenner & Block team, whichconsisted of Partner John J. Buttita, AssociateMercedes M. Davis, former Associate Ami J. Galani,Associate Jessica A. Garascia, Associate Bobby J.Hollis, II, former Associate David M. Kavanaugh,Associate Rebecca J. Krasaeath, Associate Lisa S.Lauer, Legal Secretary Joan E. O’Brien, Pro BonoCoordinator Caroline Padmanabhan and AssociateShehla F. Syed. Pictured, from left: Ms. Krasaeath, Ms. Syed, Ms. O’Brien, Ms. Davis, Mr. Kavanaugh, Mr. Drachler, Brett Bottorff, Ms. Garascia and Ms. Padmanabhan.

Associates Gain Victory in Same-Sex Custody Case

grounds that it had diminished thequality of his son’s life and deprivedhim of a stable two-parent home. The Maryland trial court denied Mr.Hedberg’s petition, but the MarylandCourt of Special Appeals reversedthe decision and remanded the caseto determine the best interest of the child.

After the appeal, Messrs. Wilkensand Pozza joined the case on a probono basis. Together with SusanSilber, Mr. Hedberg’s long-timeattorney, and with the help of Jenner& Block paralegal Albert Peterson,they presented extensive evidence tothe trial court about the negativeimpact of the restriction on the sonand about the child’s positiverelationship with Mr. Hedberg’spartner. Among other things, theattorneys interviewed and preparedwitnesses for an evidentiary hearing,submitted a pretrial brief, andexamined key witnesses at the hearing.

In addition, Mr. Hedberg and hispartner have disabilities – Mr.

Hedberg is deaf and his partner ispartially blind as well as deaf – yetthe attorneys were able to convincethe court that they have overcometheir disabilities and have helpedothers to overcome similardisabilities, making them particularlyfit parents. In lifting the custodyrestriction, the judge noted that Mr.Hedberg’s partner had served as aleader and mentor to youth in thedeaf and blind community.

“Here’s a young boy who is able tosee up close and personal twopeople with a disability, who haveconquered the disability to the extentthat they can, and at the same timehave gone out of their way to helpothers who have a like disability,” thejudge ruled. “It’s not something thatall children are exposed to…. It canonly serve to have a beneficialpurpose” for the boy, he concluded.

After four years of separation, Mr.Hedberg and his partner now share ahome with Mr. Hedberg’s son.

Associates Scott B. Wilkens andDuane Pozza recently helped clientUlf Hedberg remove a court-orderedcustody restriction that had preventedhis same-sex life partner from living inthe same household with Mr.Hedberg and his son. The attorneyspersuaded a Maryland court that therestriction was harmful to the client’s13-year-old son, and that it was in thechild’s best interest to reunite the trio.

“Reuniting this loving and dedicatedfamily was clearly in the best interestof this child,” said Mr. Wilkens.

In 2002, and following Mr.Hedberg’s divorce, a Virginia judgehad awarded Mr. Hedberg physicalcustody of his son on the conditionthat his partner not live in the samehousehold, even though there was noevidence to suggest that thepresence of Mr. Hedberg’s partnerwas harmful to the child.

Mr. Hedberg and his sonsubsequently moved to Maryland,where he filed a petition to removethe custody restriction on the

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Winter 2006

Equal Justice AwardPartner Donald B. Verrilli, Jr. was honored in November

with the Southern Center for Human Rights Equal JusticeAward for his commitment to protecting the civil rights of

Death Row inmates throughouthis 20 year career. In bestowingthe award, the Center praisedMr. Verrilli’s victory before theSupreme Court in Wiggins v.Smith, which reaffirmed theimportance of the right tocounsel in capital cases, andalso helped to establish

meaningful standards for defense counsel’s performance.Pictured: Mr. Verrilli accepting the award at the Center’sFrederick Douglass Awards Dinner.

Barry Sullivan Honored for Civil Rights WorkIn March, the DePaul University Black Law Students

Association honored Partner Barry Sullivan with its inaugural“Progressives in the Profession Award.” Mr. Sullivan wasrecognized for his longstanding pro bono representation inimportant civil rights and civil liberties cases, including hisargument in the landmark death penalty case People v.Wilson, in which the Illinois Supreme Court reversed acapital conviction because of a coerced confessionobtained by police brutality in Chicago’s Area 2 policedistrict, which later gained notoriety because of other casesinvolving the same practice. Mr. Sullivan has been involvedin many other landmark cases, such as Batson v. Kentucky,and Hamdi v. Rumsfeld.

Valukas Wins Coveted AJC AwardJenner & Block Partner Anton R. Valukas was honored

with the American Jewish Committee’s prestigious JudgeLearned Hand Human RelationsAward for his outstandingleadership in the legal professionand the community. Jenner &Block Chairman Jerold S. Solovypresented the award to Mr.Valukas, calling him “a trueleader” both inside and outsidethe Firm. Pictured: Mr. Valukas

and Mr. Solovy, who received the same award in 1988, atthe award ceremony.

Distinguished Public ServiceAssociate Kathryn C. Newman received the Chicago

Volunteer Legal Services Foundation’s DistinguishedService Award at a ceremony on November 9. Ms.Newman was honored for her pro bono work at Our Lady ofMercy/St. Clement’s Church Legal Clinic in Chicago,handling family law, contract disputes, child custody andtenant landlord issues.

NCADP Honors Jenner & BlockJenner & Block was honored with the National Coalition to

Abolish the Death Penalty’s “Legal Service Award,” based onthe Firm’s tradition of pro bono work on behalf of thosefacing the death penalty. Partner Scott T. Schutte acceptedthe award at a ceremony in Austin, Texas.

Notre Dame Honors Thomas Sullivan Partner Thomas P. Sullivan was among a distinguished

group of business, community and academic leaders whoreceived honorary degrees at the University of Notre Dame’s161st Commencement exercises in May. In its honorarydegree citation, Notre Dame observed that Mr. Sullivan“immeasurablystrengthened ournation’s justicesystem” through his“unflagging advocacyfor all human lifethrough pro bonowork to abolish thedeath penalty,” amongother things. Pictured:Mr. Sullivan (middle)receiving his honorary degree.

Pro Bono Institute AwardJenner & Block was honored by the Pro Bono Institute

with the 2006 John H. Pickering Award on November 9, inrecognition of its outstanding commitment to pro bono legalservices. The Pro Bono Institute also named Jenner & Blockto the 2005 Public Interest Law Initiative’s “Pro BonoInitiative Honor Roll,” which recognizes law firms and in-house law departments in the Chicago area that have madeoutstanding pro bono contributions.

PILI AwardJenner & Block received the Public Interest Law Initiative’s

2006 Pro Bono Initiative Award at the organization’s annualawards luncheon on December 7. The honor acknowledges“unprecedented” pro bono work in the community.

DC Judges HonorJenner & Block was again honored by the chief judges of

the District of Columbia federal courts at the “40 at 50”Judicial Pro Bono Recognition Breakfast. Established bythe DC Circuit Judicial Conference Standing Committee onPro Bono Legal Services, the “40 at 50” breakfastrecognizes law firms for which 40% of their attorneys haveindividually fulfilled at least 50 hours of pro bono service.

Honors & Awards

The Heart of the Matter is produced by Jenner & Block. For additional information or copies, please [email protected].

www.jenner.com

©2006 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide information on legal matters and Firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. Under professional rules, this publication may be considered advertising material; the attorney responsible for this publication is Barry Levenstam. Cover image from the Collection of the Supreme Court of the United States.

Pro Bono and Community Service News Winter 2006


16

Jenner & Block Partners Patricia A. Bronte, Thomas J. Perrelliand Associate Martina E. Vandenberg were honored with the2005 Albert E. Jenner, Jr. Pro Bono Award on Saturday, October28 for their exceptional legal services to the needy.

Ms. Bronte received the Albert E.Jenner, Jr. Pro Bono Award for herrepresentation of several detaineesbeing held at Guantánamo Bay, whoare challenging the legality of theirprolonged detention. Her awardalso recognized the more than 20years of service she has given to theLawyers’ Committee for BetterHousing, which helps secure safeand affordable housing for the poor in Metropolitan Chicago. Ms.Bronte also supervised two murder cases in 2005, one on appealand one through a post-conviction hearing.

Mr. Perrelli received the award for his pro bono representationof Michael Schiavo in the litigation concerning his wife, the lateTerri Schiavo, who had been kept alive against her wishes by aFlorida law supported by that state’s Governor. Mr. Perrelli led theJenner & Block team that developed the legal briefs opposingappeals by Mrs. Schiavo’s parents in light of a Congressional actthat gave the federal courts jurisdiction in the case.

Ms. Vandenberg received the award for her extensive pro bonowork representing human trafficking victims and for her advocacyefforts in calling for more stringent policies and laws to combathuman trafficking. As part of her work, she has testified before

NATO and Congress about theproblem, and was the author ofan influential Human RightsWatch report on humantrafficking in post-war Bosniaand Herzegovina.

The Albert E. Jenner, Jr. ProBono Award was inaugurated in2002 to recognize persons whohave provided exceptional legal

services to the needy. The winners receive a $5,000 award thatthey may donate to the charity or charities of their choice. The2004 Award Winners were Associates Brian P. O’Donnell andAmy L. Tenney. The 2003 Award Winners were Partners Terri L.Mascherin and Susan R. Podolsky and Associates Jason J. Greenand Kathleen R. Hartnett. The 2002 Award Winners werePartners Thomas P. Sullivan and William M. Hohengarten. The2001 Award Winners were Partner Richard P. Steinken andAssociate Christopher M. O’Connor.

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Three Honored with Albert E. Jenner, Jr. Pro Bono Award

The Burton Foundation along with the Association of Legal Administrators honoredJenner & Block with the 2006 Best Law Firm Newsletter Award for its Winter 2005 issue ofThe Heart of the Matter. The attorney-co-editors of the newsletter are Partners BarryLevenstam and David W. DeBruin, both of whom are Co-Chairs of the Firm’s Pro BonoCommittee. The newsletter was created by the Firm’s Marketing Department and Pro BonoCommittee in 2001. Pictured, from left: Jenner & Block Public Relations Manager DarrylVan Duch and Chief Marketing Officer Theresa Jaffe accept the award on behalf of the Firmfrom retired Judge James D. Ward, a member of the Burton Foundation’s Board of Directors.

Patricia A. Bronte Thomas J. Perrelli Martina E. Vandenberg

Jenner & Block’s The Heart of the Matter Honored

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