By Ari Kaplan
The late Richard Sheppard Arnold
of the U.S. Court of Appeals for the 8th Circuit
occasionally joked that federal judges are selected
on merit, and that his merit was knowing two U.S.
senators. While such knowledge often is important,
connections alone will not propel one onto the
bench of the U.S. Circuit Court of Appeals. As
six GW Law alumni who have reached that extraordinary
milestone will attest, that feat is earned through
a combination of stellar credentials, community
commitment, and a deep appreciation for the rule
of law.
From the Law School’s perspective, having
alumni on the federal appellate courts is highly
beneficial. “They tend to hire our students,
and getting circuit court clerkships puts our
students in a position to apply for Supreme Court
clerkships,” says Professor Bradford R.
Clark, outgoing chair of GW Law’s Clerkship
Committee and himself a former clerk for Supreme
Court Justice Antonin Scalia and Judge Robert
Bork of the D.C. Circuit.
Since the Law School started tracking clerkship
data in 1990, seven students have clerked for
Supreme Court justices; more than 100 for judges
on the Circuit Courts of Appeal; and more than
200 for judges on the district courts, not to
mention hundreds of others who have worked for
judges on specialty federal courts (such as the
U.S. Bankruptcy Court and U.S. Court of Federal
Claims) and state courts across the country.
At last count, there were 28 judges serving in
the federal system with degrees from GW Law. “The
fact is that our students could one day become
a circuit or district court judge, or a state
supreme court justice down the road,” Clark
says. “We tell our students that we have
great alumni and they go out and do great things.
They are an inspiration.”
The Law School maintains a clerkship Web portal
and an extensive handbook. Both feature details
on judges who have a connection to GW Law. “A
federal clerkship is a big stepping-stone because
it makes that select group of graduates more prominent,”
says Professor Gregory E. Maggs, incoming chair
of the clerkship committee and former clerk to
Supreme Court Justices Clarence Thomas and Anthony
M. Kennedy, as well as Judge Joseph T. Sneed on
the U.S. Court of Appeals for the 9th Circuit.
“It reinforces the reputation of the Law
School.”
Ultimately, the reputation of the Law School
is reinforced when its graduates succeed in the
law. Or when they shape it, as in the case of
those alumni receiving presidential appointments
to wear the robe in one the most prestigious positions
set forth in the Constitution. These alumni have
made their mark on a system of jurisprudence that
interprets the majesty of a nation one case at
a time. After repeatedly distinguishing themselves
as lawyers, they successfully navigated through
the White House Counsel’s Office and the
Offices of Legal Counsel, Legal Policy, Antitrust
and the Solicitor General at the U.S. Department
of Justice before ever getting to the desk of
the president. They not only exemplify the very
best that a GW Law student can become, but symbolize
the power of determination, hard work, and unwavering
commitment.
Clyde H. Hamilton, JD ’61, 4th
Circuit
Clyde H. Hamilton
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Born in Edgefield, S.C., Clyde Hamilton wanted
to be a doctor. The Bachelor of Science degree
he received from Wofford College in 1956 was in
chemistry, with minors in math and physics; but
because there were no night school courses in
medicine, he opted for law instead. Fifty years
later, the senior judge on the U.S. Court of Appeals
for the 4th Circuit has no regrets.
Toward the end of his active two-year ROTC commitment
as a U.S. Army first lieutenant (captain, 1962)
at Arlington Hall, the headquarters of the U.S.
Army Security Agency (the cryptography effort
during World War II), Hamilton met with Dean Edward
Potts to discuss GW Law’s evening program.
During that meeting in February 1958, the dean
advised Hamilton that classes were starting in
45 minutes—he enrolled immediately. When
he was honorably discharged in September of that
year, Hamilton continued his studies at night
and began working full-time for famed South Carolina
Sen. Strom Thurmond as a research analyst in the
Senate Library. After graduating 16th from GW
Law out of 129 students in the day and evening
divisions, Hamilton practiced for 20 years with
Butler, Means, Evins & Browne, a Spartanburg,
S.C., firm of about 15 lawyers through which he
engaged in a combination of insurance defense
and transactional work.
“I really don’t think I had any career
goals while I was in law school. Certainly, becoming
a federal judge was the farthest thing from my
thoughts,” Hamilton, 72, recalls. In fact,
when Thurmond, whose various campaigns Hamilton
supported, approached Hamilton about an appointment
in early 1981, it was to be the U.S. attorney
for the District of South Carolina. Six months
after declining that opportunity, the senator
expressed an interest in adding Hamilton to the
federal bench. President Reagan officially appointed
Hamilton to the U.S. District Court for the District
of South Carolina on Dec. 1, 1981, where he served
for almost a decade before President George H.W.
Bush appointed him to the U.S. Court of Appeals
for the 4th Circuit on July 22, 1991. Hamilton
assumed senior status on Nov. 30, 1999.
Of his time at the Law School, Hamilton notes,
“Without hesitation, Professor Emeritus
David Weaver stands out in my mind as the professor
who influenced me the most.” This was because
Weaver was very professional, demanding, and a
professor who expected the most from his students.
Outside the classroom, Weaver and his wife entertained
the students in their home.
While Hamilton currently has two non-rotating
senior clerks, he had four clerks before attaining
his current status, two of which were rotating.
His relationship with those clerks, including
two from GW Law, was so strong that they threw
him a surprise 65th birthday party in 1999 and
a 70th birthday party in 2004. “It has long
been my belief that a judicial clerkship at the
federal level is the finest and broadest experience
a law school graduate can obtain in a relatively
short period of time,” he says.
Hamilton recommends that those interested in
becoming judges gain the backing of the senator
in his or her state who shares the political philosophy
of the president. “You have to be known
to the senator either personally or through some
other recommendation,” Hamilton advises.
While Hamilton describes his career as “very
satisfying, rewarding and fulfilling,” he
jokes, “There’s an old saying that
‘being a federal judge may not be the best
job in the legal profession, but it’s too
good to give up.’”
David R. Hansen, JD ’63, 8th Circuit
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David R. Hansen |
On July 30, 1991, President George H.W. Bush
nominated U.S. District Judge David R. Hansen,
then sitting in the Northern District of Iowa,
to the U. S. Court of Appeals for the 8th Circuit.
Hansen, 68, served as chief judge from 2002 to
2003 and assumed senior status on April 1, 2003.
When he graduated from GW Law with honors in
1963, Hansen wanted to return to Iowa and practice
law in a small-town, county-seat type of general
practice. When asked whether his goals included
becoming a federal judge, he responds, “Goodness
gracious, no!”
Born in Exira, Iowa, Hansen practiced privately
in Atlantic, Iowa, for less than a year before
being commissioned by the U.S. Army Judge Advocate
General Corps in 1964. He spent the next four
years trying courts martial at Ft. Benning, Ga.,
and as the post judge advocate at Ft. Monroe,
Va. Following an honorable discharge and receipt
of an Army Commendation Medal in 1968, Hansen
continued his practice with three other lawyers
focusing on general tax, litigation, probate,
and other matters in Iowa Falls, Iowa.
While Hansen had no intention of becoming a judicial
officer upon graduation from GW Law, he was drawn
to the bench after less than a decade. “I
thought I was the kind of lawyer who could find
reasonable accommodation between the warring parties,”
he recalls. “I thought that was the judge’s
role and, therefore, sought it out.”
From four years on the Iowa Falls Police Court
to more than a decade as a governor-selected trial
judge in the 2nd Judicial District of the Iowa
District Court, Hansen distinguished himself as
a gifted jurist. President Reagan confirmed this
view by appointing him to the federal bench, as
did the late Chief Justice of the United States
William H. Rehnquist when he asked him to serve
on the elite, seven-member Judicial Panel on Multi-District
Litigation.
Hansen describes his career as a succession of
ever-increasing, interesting challenges. “I
am very grateful to the people of this state and
nation, and to their elected representatives,
for allowing me to serve them as a judicial officer.”
He recalls his time at GW Law with affection,
citing professors David Siedelson (torts, conflict
of laws, and domestic relations) and Monroe Henry
Freedman (contracts and appellate practice and
procedure) as the two faculty members who influenced
him the most. “Both of them instilled in
me the necessity of considering all the facts,
and of contemplating all of the possible legal
and practical ramifications of a decision about
the applicable law,” Hansen says.
Carlos F. Lucero, JD ’64, 10th
Circuit
Carlos F. Lucero
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Carlos Lucero, a 66-year-old jurist from Antonito,
Colo., understands why GW Law places great value
on student and alumni clerkships. After graduation,
he went on to clerk for U.S. District Judge William
E. Doyle in the District of Colorado and spent
the next 30 years in a private litigation practice
with five other lawyers in Alamosa, Colo. “I
loved the work,” Lucero says. “I think
lawyers are lucky and privileged to be in a profession
that allows us the opportunity to work for the
broader causes of justice.”
While serving as president of the Colorado Bar
Association from 1977 to 1978, Lucero grew in
stature both locally and nationally. He was considered
for a seat on the U.S. District Court in the late
1970s, but declined to engage in the process.
More interested in becoming an elected official
than an appointed one, Lucero followed a passion
for politics. “I always knew that I would
spend part of my life in public service, perhaps
elective service. The judiciary was not foremost
in my mind,” he says.
After running unsuccessfully in 1984 for the
Democratic nomination for a seat in the U.S. Senate,
Lucero withdrew from the public eye. His reputation,
however, continued to gain prominence and earned
him the admiration of another commander-in-chief.
President Clinton appointed him to the U. S. Court
of Appeals for the 10th Circuit on March 23, 1995.
“I spoke with the president to thank him
for my nomination. It was a great thrill,”
Lucero says.
Lucero recommends that those interested in following
in his footsteps be the very best lawyers they
can be, concentrate on their careers, exercise
impeccable ethical judgment, and improve their
communities. Although, as we have heard before,
Lucero says that it doesn’t hurt to have
friends in high places.
For those students interested in clerking for
the judge, Lucero says to “get very high
grades and flash your charming personalities.”
Having hired four clerks in the past and another
scheduled to begin in the fall of 2007, Lucero
remains actively connected to the Law School.
He credits professors Leroy Merrifield (torts),
who was “a true gentleman,” and Monroe
Friedman (contracts), who “asked a lot of
questions” for his style on the bench. “I
try to emulate a composite of both qualities,”
he says.
Lucero’s newest clerk-select, Jefferey
Dee Bailey, a 4L evening student and former risk
consultant for Ernst & Young, sent in applications
for more than 100 clerkships (five of which were
with alumni). “This is probably only about
the mid-point of what other GW Law students send
out,” Bailey says.
The federal clerkship application process requires
clerk-hopefuls to submit data to judicial prospects
on the Tuesday after Labor Day. Judges have seven
days to read their information and can contact
candidates as early as the following Thursday
(nine days after Labor Day) at noon Eastern Standard
Time. “I received 12 calls between 12 and
12:15 that day,” Bailey says.
According to Bailey, one does not answer the
phone when the judge’s staff calls. Instead,
one waits for a message and returns calls in a
predetermined order of preference. Because of
their GW Law connection, Lucero was at the top
of Bailey’s list.
“I am excited about my clerkship with Judge
Lucero,” Bailey says. “A clerkship
like this gives you the chance to work closely
with a successful, well-respected lawyer who can
serve as a mentor for the remainder of your legal
career.”
Randall R. Rader, JD ’78, Federal
Circuit
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Randall R. Radar |
The concept of mentoring is extremely important
to Randall Rader, who teaches at the Law School
and is a great supporter of the clerkship program.
Upon graduating in 1978, Rader considered an opportunity
to become a federal judge akin to lightning striking.
When President Reagan appointed the prominent
lawyer, then counsel to the Senate Judiciary Committee,
to the U.S. Court of Claims at 39 years old, “lightning
struck.” In fact, the 57-year-old Hastings,
Neb., native became the first judge on the Court
of Claims ever appointed by the chief justice
of the United States to a committee of the Judicial
Conference.
Based on Rader’s record and experience
as chief counsel or minority chief counsel for
the Subcommittee on the Constitution and the Subcommittee
on Patents, Trademarks, and Copyrights, President
George H.W. Bush nominated Rader to the Court
of Appeals for the Federal Circuit in 1990. “I
am thrilled that I have had this chance and don’t
take it lightly that I have,” he says. “Those
of us who get the opportunity have to feel very
blessed.”
Rader credits professor John Cibinic Jr. (contracts,
government contracts) with encouraging him during
his first year. “His meticulous attention
to legal detail inspired me in my early years
of work and then on the bench as well,”
Rader says. “He told me to ‘hang in
there’ and I regard him always as a particularly
important part of my law school career.”
In addition to having hired nine GW Law graduates
as clerks, Rader also has taught trial advocacy
and several general and specialized intellectual
property law courses at the Law School. “What
I enjoy most of all is getting to be the Cibinic
in their lives,” Rader says.
The co-author of a casebook on patent law that
is used at nearly 50 law schools counts his former
students among some of his best friends and former
clerks among family. “One of the greatest
benefits of my career has been to associate with
former students and law clerks who were former
students.”
Describing his career as “one rewarding
challenge after another,” Rader highlights
that the first step toward becoming a judge is
to clerk. “That distinction sets a lawyer
aside as an outstanding member of our profession,”
he says. “Young lawyers interested in the
bench should devote some time to work in the bar
association or other organizations that display
willingness to engage in public service,”
he adds. Of course, he suggests that lawyers participate
in the political process because recommendations
for judges often come from U.S. senators and other
political leaders.
Kenneth F. Ripple, LLM ’72, 7th
Circuit
Kenneth F. Ripple
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If you are not politically inclined, consider
establishing yourself as a remarkably talented
constitutional scholar, and political leaders
will take notice, as they did of Kenneth Ripple.
Straight out of the University of Virginia Law
School in 1968, Rockville Centre, N.Y., native
Kenneth Ripple became a corporate counsel for
IBM. Three months later, he was called to active
duty in the Vietnam War and spent the next four
years with the U.S. Navy Judge Advocate General
Corps in Washington as an appellate defense lawyer
and staff member pursuing the return of prisoners
of war, among other matters. During this period,
he earned an LLM in administrative law and economic
regulation from GW Law. “It was an opportunity
to learn a lot about something I wanted to know
about,” he says.
Ripple recalls adjunct professor John Stark,
staff director for the Congressional Joint Economic
Committee, as a mentoring influence on his career.
“One of the strengths of GW Law is that
it is able to get people with high scholarship
and government service to come to teach students,”
Ripple says. “I found that throughout my
time there, I had some of the best teachers I
have ever had.”
Perhaps his finest teacher, however, was Chief
Justice of the United States Warren Burger, for
whom he served as special assistant for four years
before becoming a professor at the University
of Notre Dame Law School. Ripple’s scholarship
during almost a decade at Notre Dame and his experience
with the Supreme Court earned him the recognition
of the legal community and President Reagan appointed
him to the United States Court of Appeals for
the 7th Circuit in 1985.
At the time, his three sons, who are all pursuing
legal careers, were younger and wanted clerks
selected based on the cars they drove and their
basketball prowess. Ripple, however, looks for
clerks with a judicial perspective on issues and
who are disciplined enough to consider views on
each side. “I have had quite a few clerks
from GW Law over the years, who have really measured
up in that way,” he says. He focuses on
that balance because “you’re in this
job a long time and you kind of weave a tapestry.
You can’t miss a stitch in that tapestry
or the fabric is weaker.”
Ripple, 63, monitors the fabric of his own life
on a wall in the outer office of his chambers,
where he places pictures of those individuals
who have impacted his life in a positive and meaningful
fashion. “I had a great deal of help along
the way,” he says. “My career has
been a product of God’s grace.”
Glenn Leroy Archer Jr., JD ’54,
Federal Circuit
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Glenn Leroy Archer Jr. |
In 1985, President Reagan had big plans for Glenn
Archer—a seat on the Federal Circuit. Archer
had long had other plans. Notwithstanding his
major in English literature at Yale, the 77-year-old
Kansas native always felt he was destined to become
a tax lawyer because of his mathematical acumen.
“I did not think of my career goal as becoming
a judge, I just wanted to be a tax specialist,”
he says.
After graduating from GW Law in 1954 and following
two years with the U.S. Air Force Judge Advocate
General Corps, professor John Fey, his tax instructor
who later became a Supreme Court clerk, helped
him select his first (and last) job in private
practice. Archer spent the next 25 years with
Hamel, Park, McCabe and Saunders, a boutique tax
firm in Washington. “I had a great practice,”
Archer recalls.
His expertise and success in assisting a member
of President Reagan’s “kitchen cabinet”
(which, according to Archer, was that group of
individuals who were advising Governor Reagan
during his national campaign) with tax work for
a conservative think tank in Washington earned
him the respect and esteem of the executive branch.
When he applied to be the assistant attorney general
for the Tax Division in 1981, Archer was known
as an excellent tax practitioner. “I think
I have been very fortunate in my career,”
he says.
During his time at the Department of Justice,
Archer thought he might want to be on the U.S.
Tax Court. When the Court of Appeals for the Federal
Circuit was formed in 1982, he became very curious
about that position. That curiosity was satisfied
in 1985 when President Reagan appointed him to
serve on the U.S. Court of Appeals for the Federal
Circuit. In his 20 years on the bench, he notes
that the highlight was serving as chief judge
and on the Judicial Conference of the United States
from 1994 through 1997, when he elected senior
status.
While the employer of five GW Law graduates over
the years notes that a clerkship for a young lawyer
is a great learning experience, he had no guidance
for lawyers seeking positions on the bench, saying
appointments are a matter of “being in the
right place at the right time.”
Alumni and the Judiciary
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Alumni in the judiciary gathered for
a special reception at the Law School
on Sept. 7. Front row, from left to
right: J. Michael Ryan; Lawrence Margolis
JD ’61; Joyce Hens Green, JD
’51; Dean Frederick M. Lawrence;
Ann Keary, JD ’74; and Bruce
Mencher, JD ’60. Back row, from
left to right: James Robertson, JD
’65; Alan Kay, JD ’59;
Darrin Gayles, JD ’93; and Chuck
Adkins-Blanch, JD ’90.
Abdul El-Tayef/WPPI
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When GW Law announced that it had selected
Frederick M. Lawrence of Boston University
School of Law to serve as its new dean,
Superior Court for the District of Columbia
Senior Judge Bruce Mencher, JD ’60,
began planning a welcome reception at the
courthouse on behalf of fellow alumni in
the judiciary. “I thought that he
might need some judges on his side coming
to Washington from New England,” Mencher
says with a laugh.
In an effort to bring those alumni in the
judiciary together, Lawrence decided to
invite them to the Law School instead. The
event was held Sept. 7 in the Michael K.
Young Faculty Conference Center. Alumni
enjoyed meeting the new dean, discussing
their careers and personal lives, and listening
to jazz. The event was hosted by Mencher;
Joanne Alper, JD ’75; James Cacheris,
JD ’60; and Cathy Hollenberg Serrette,
JD ’80.
“It provided a forum for members
of the faculty and administration to visit
with our alumni judges and, more importantly,
it provided an opportunity for the alumni
judges to visit with one another,”
says Professor Amanda Tyler, a member of
GW Law’s Clerkship Committee and a
former clerk to Justice Ruth Bader Ginsberg.
“Our goal is to have our judicial
alumni know that they are an important part
of the GW community of which we are very
proud.”
Mencher, a former Assistant Corporation
Counsel for the District of Columbia and
attorney adviser for the U.S. Agency of
International Development who was nominated
at 39 by President Gerald Ford to serve
on the D.C. Superior Court as an Article
I judge, noted the power of that connection
and its impact. “We get something
from the Law School—its great reputation
and pride—and it gets the same from
us,” Mencher says. “We draw
on each other, we take from each other and
we blossom from each other.”
Alumni in the judiciary gathered from D.C.,
Virginia, Maryland, and as far away as Florida.
Dean Lawrence thanked the attendees for
making the Law School and its faculty “look
good” in doing so well with their
degrees, to which Mencher responds, “I
am always proud to say that I went to GW
Law.”
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