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Wood breaks gender barrier on the 7th Circuit

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Diane P. Wood’s first day as the first female chief judge of the 7th Circuit Court of Appeals also was the first day of the recent government shutdown.

“It was quite sobering, really,” Wood said. Federal courts, like much of the government, faced the potential of wholesale changes, if not disruptions, in doing business. “The courts had literally two weeks worth of funds, so to speak, in the bank.

diane-wood-portrait-1col.jpg Diane Wood took the helm as 7th Circuit chief judge Oct. 1. She is one of only a dozen women to ever serve as federal circuit chief judge. (Photo provided)

“This was requiring us to make some very tough calls about the core functions of the courts and how much we could postpone,” she said. “We were looking at a set of options that were all very bad options in some way and trying to pick the least intolerable.”

All of this after funding for the federal judiciary had taken multiple hits over the years, and budgets were further cut by the sequester this year. “There’s no low-hanging fruit left,” Wood said.

Sobering, too, is that Wood’s term as chief judge, which began Oct. 1, marked just the 12th time a woman would preside over a federal circuit. The 7th Circuit is among the last to have a woman chief.

“It’s largely a function of when women began to come onto the federal judiciary in large numbers,” said Wood, 63, who began her seven-year term as chief judge upon the completion of Judge Frank H. Easterbrook’s tenure.

“I’m of a generation where I was often the only woman in the room or the first to do this or that, and I’m glad that’s not the case anymore.” A New Jersey native who as a teenager moved to Texas when her father’s job relocated, Wood graduated from the University of Texas Law School with honors in 1975, clerked on the 5th Circuit U.S. Court of Appeals, and later for U.S. Supreme Court Justice Harry Blackmun.

She later taught law at the University of Chicago, where she remains on the faculty – the first woman with a chair named in her honor at the school.

Wood this month began a tour of courts of the 7th Circuit in Indiana, Illinois and Wisconsin with the intent of visiting them all and finding out what’s on the minds of her fellow judges and court staff.

“I think the most important thing I’m trying to focus on is looking forward in this world of constrained resources,” she said.

Wood said the courts have to embrace efficiencies that won’t compromise the Circuit’s reputation for industriousness. “If people in the bar or others have ideas about how we can use information technology or better structure proceedings, I am very eager to hear those suggestions.”

Easterbrook, during the 7th Circuit’s Judicial Conference this year in Indianapolis, attested to the Circuit’s leadership, calling the 7th Circuit “the nation’s leader in both hearing arguments and publishing opinions.”

Wood said the court strives to issue reasoned and citable opinions and said doing so gives the public a better work product and also establishes the Circuit’s credibility among others seeking legal reasoning.

An appeal on patents

Wood recently advocated for fundamental reform of the patent appeals process, arguing that the exclusive jurisdiction enjoyed by the Federal Circuit in Washington, D.C., might not be ideal.

“There are many instances in which, in the administrative area, people have a choice in going to the Federal D.C. Circuit or the regional Circuit,” she said. “Why not do the same thing with patent appeals?”

Patent appeals were moved to the Federal Circuit on the basis of legal complexity, but Wood doesn’t buy it. She said a similar argument could be made for antitrust, pension appeals or any number of areas of federal law.

“My view is there’s nothing special about patents in the sense of complexity that distinguishes them from anything else, and the system would be a healthier one if more people were involved in it,” she said.

“One loses the ability to develop an area of law when so few people are concentrated with it,” she said, noting a change would give the Supreme Court of the United States the benefit of viewpoints from the 12 circuits.

While Wood has been outspoken on patent appeals, she’s proceeding cautiously before considering changes in court functions and administration.

“When I became chief judge, I took to heart the medical profession motto, ‘First, do no harm,’” she said. “Our court has had some amazing chief judges and we are in excellent shape in many ways.

“Whatever I have in mind is probably not the most important question,” Wood said. “We are in an era of very strict budgetary constraints, and trying to keep the court as good as it has been within these limitations is a real challenge.”

Personal notes

Outside the Chicago federal courthouse, Wood often can be found in other venues.

“I very much enjoy music as a performer and a consumer of music, and I play oboe in several different orchestras and bands in the Chicago area,” she said. She’s a fan of the Chicago Symphony and Lyric Opera, among others, enjoys travel, speaks multiple languages and admits a guilty pleasure of reading books in the “Wheel of Time” sci-fi/fantasy series.

Of Wood’s three grown children – David, Kathryn and Jane Hutchinson – two pursued legal careers. Wood said Kathryn just finished a clerkship with the 2nd Circuit Court of Appeals. David, a graduate of Indiana University Maurer School of Law, is an associate in the litigation department at Jenner & Block in Chicago. Jane is pursuing an advanced degree in art history.

The 7th Circuit’s new chief judge said she’s pleased about the progress of gender equity in the legal profession by the time David and Kathryn attended and graduated from law school, but there’s still reason for concern.

“The world they live in is one where there are women partners they both worked with,” Wood said. “What isn’t as far along as I might have liked – and this affects both men and women – and that’s family-friendly policies in firms.”

Wood has received some attention not just as the first woman chief in the 7th Circuit, but also as the first in more than two decades appointed by a Democratic president. Wood was appointed by President Bill Clinton in 1995, but she believes too much is made of the political distinctions between her and former chiefs such as Easterbrook, Richard Posner and Joel Flaum, each of whom were Republican appointees and have built a reputation as conservative legal luminaries.

“If you look at the 7th Circuit, you’ll discover the political party of the appointing president is not really a reliable predictor” of how a judge will rule, Wood said, noting that the Circuit’s decisions result in few dissents. Unlike the Supreme Court, federal circuits can’t pick and choose cases they’ll hear, so judges are less likely to be split on ideological grounds, she said. She believes political distinctions among judges are distractions.

“It’s an extremely collegial court, and we take a lot of steps to keep it that way,” she said, including constantly shifting panels so the 10 current judges interact on multiple cases in the course of a year.

Wood was one of the few judges interviewed by President Barack Obama before he nominated Elena Kagan to the U.S. Supreme Court, and Wood’s name frequently is among those mentioned for future vacancies.

“I don’t even think about it at all,” she said. “It was a great honor to be considered back when I was, and it’s just one of those processes that people go through.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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