In Memoriam: Gregory J. Hobbs, Jr.

Thoughts on the loss of a mentor and friend.

Hobbs and JMS 7-22-15

This is a tough one.

Former Colorado Supreme Court Justice Greg Hobbs passed away last week, just a few days short of his 76th birthday. I was privileged to clerk for Justice Hobbs during the court’s 2000-01 Term, and he remained a professional mentor and personal friend for twenty years thereafter. Justice Hobbs showed me how a good judge conducts himself. More importantly, he showed me how a good person conducts himself, day in and day out.

Coming out of law school, I was very fortunate to have several clerkship offers to choose from, both at the state and federal level. But I instantly gravitated to Justice Hobbs. Although he did not move to Colorado until after he had graduated law school, he effortlessly exuded a Western passion and a Western sensibility that clicked with my deep Colorado roots. He embodied almost every Western stereotype you can imagine — outdoorsman, water lawyer, connoisseur of huevos rancheros, Bronco fan, relentless fan of bolo ties — but his deep knowledge of the state and its people made all of it seem so natural. (He could look out the window of his office in downtown Denver and rattle off the names of all the visible Front Range mountains, working from south to north.) Greg Hobbs was Colorado, and he always had the best interests of Coloradans at heart.

Continue reading “In Memoriam: Gregory J. Hobbs, Jr.”

In Memoriam: Mary J. Mullarkey

Today brings the sad news of the passing of Mary Mullarkey, a member of the Colorado Supreme Court for 23 years and Chief Justice of the Court for twelve of those years. Chief Justice Mullarkey was an outstanding judge and a tireless leader of the state’s third branch.

I was fortunate enough to clerk on the Colorado Supreme Court during Mullarkey’s time as Chief Justice, and saw what a wonderful mentor and colleague she was. She was a giant in the state’s legal community, and will be sorely missed.

In Memoriam: Ralph Gants

Today brought the terrible news that Ralph Gants, Chief Justice of the Massachusetts Supreme Judicial Court, passed away days after suffering a heart attack. He was 65.

I first met Chief Justice Gants more than two decades ago, when he was an Assistant United States Attorney and I was his student in a white collar crime course at Harvard Law School. He was an active and encouraging teacher both in class and behind the scenes.

Justice Gants eventually moved to the judiciary, and made a clear mark as Chief Justice. His focus on attorney well-being and justice for all set the tone for the entire state judiciary. While I sometimes disagreed with his administrative decisions, I greatly admired his passion, commitment, and sincerity. He will be sorely missed.

In Memoriam: Stephen Susman

This morning brought the sad news that renowned trial lawyer Stephen Susman has passed away from the novel coronavirus. He was 79.

Steve was widely known for his remarkable trial skills, and as a founder of the Houston litigation firm Susman Godfrey. But his professional energy and interests extended far beyond the courtroom. He was deeply active in efforts to improve the civil justice system and to preserve the civil jury trial. A few years ago, he founded the Civil Jury Project at NYU Law School for that express purpose, bringing together lawyers, judges, jurors, and scholars to study and advocate for the importance of civil juries.

I first met Steve about ten years ago, at the Duke Conference of the federal Advisory Committee on Civil Rules. As judges and lawyers struggled to determine the best way to rein in discovery costs, Steve pointed out how much can be done when opposing counsel simply act like adults and professionals. As proof, he submitted a two-page checklist of discovery agreements that he claimed to use in every case. It was a straightforward and sensible list, agreed to by counsel in advance, covering issues like the order of depositions and the labeling of exhibits — the type of things that would naturally keep discovery within reasonable limits and avoid pointless cost to the client. My favorite item remains the very first on the list:

As to any discovery dispute, the lead lawyers will try to resolve [it] by phone and no one will write letters to the other, including letters attached as pdf’s to emails and phone calls.

The entire checklist was so simple, and yet so brilliant, that I immediately sought permission to share it with my law students. (Steve graciously granted that permission in short order.) I still assign the checklist to my law students as a paradigm example of how a lawyer can simultaneously be a zealous advocate of his client and a responsible officer of the court.

About three years ago, Steve asked me to join the Civil Jury Project as an academic advisor, an invitation for which I was both honored and grateful. It was a pleasure to see him in action, with his relentless energy and good cheer, as he brought together jurors and lawyers at “jury improvement luncheons” across the country, and held programs for scholars to share their insights into the jury system.

Our thoughts are with Steve’s family today. His passing is a profound loss for the entire legal community.