RESUME. E. James Burke

Transcription

1 RESUME E. James Burke University of Maine School of Law, Clinical Professor of Law, 2009 date: Associate Clinical Professor of Law, Teach regular Clinic, Prisoner Assistance Clinic, supervise Summer Clinic. University of Maine School of Law, Visiting Clinical Professor of Law, General Clinic, winter 2002, 2003 to Started and continue to run Prisoner Assistance Clinic, Jan 2003 to date. Supervised Summer Clinic, June Sept., 2003 to present. Of Counsel, Troubh, Heisler, Piampiano,Hark, Andrucki, Lewiston and Portland, Maine, 2003 to April, 2007 Private Practice, E. James Burke, Attorney & Counsellor at Law, Lewiston, Maine, Sole practitioner ; Ptnr. Burke, Meyer & Bates, Lewiston, Maine, , Burke & Gauvreau, Lewiston, ; Longley, Whalen & Burke, Lewiston (president) , Whalen & Burke, Lewiston,(president) ; Sole practice, Lewiston ; Bell & Burke P.A., Lewiston (president) ; Sole practice, Admitted to Maine State Courts, Maine Federal District Court and First Circuit Court of Appeals. General Practice with concentration on all phases of litigation, criminal law, constitutional issues, family law, domestic relations and intellectual property issues (copyright, trademark). Have tried the full range of criminal and civil cases, jury and non-jury, State and Federal, plus appeals to the Maine Supreme Judicial Court and First Circuit in Boston. Alternative Dispute Resolution. Mediator and arbitrator. Also work with non-profit corporations on full range of legal issues, including formation, tax-exempt status, board structure, board/staff/member relations, strategic planning and problem solving. Mediator, Arbitrator, Early Neutral Evaluator, Maine Courts,

2 Admitted to Practice: State of Maine, 1976 U.S. District Court for Maine, 1977 First Circuit U.S. Court of Appeals, 1990 Bar Associations and Professional Societies Maine State Bar Association present Androscoggin County Bar Association, President: Vice President: Treasurer: American Bar Association present Litigation section Individual Rights and Responsibilities section Maine Association of Criminal Defense Lawyers New England Clinicians, 2005 to date. AALS, 2005 to date. Clinical Legal Education Association, 2005 date. Androscoggin County Law Library Clerk and Trustee, Maine Bar Foundation Coffin Fellowship Trustee, Fellow, Arbitrator, National Arbitration Forum, to Arbitrator, American Arbitration Association, Supreme Court Historical Society (Maine Chapter), Maine Volunteer Lawyers and Accountants for the Arts (Formerly Maine Lawyers for the Arts) Public Service, Boards, Educational and Charitable Organizations Buckfield Planning Board, Chair, May 2008 October 2009 USM Civic Engagement Coordinating Committee, Maine State Bar Association Continuing Legal Education Committee, present. 2

3 Maine State Law Library Committee, Court Trial Lawyer Mentoring Committee, Jan 2007 to March Fee Arbitration Commission, Board of Overseers of the Bar, Chairman, Chair, Panel 2, Referee, 8th District Court, Maine, 1998 Volunteer Neutral, M.R.Civ.P. Rule 16C Project Complaint Justice, 8th District Court, Maine Bar Foundation, IOLTA Grants Committee, Medical Malpractice Screening Panel, Androscoggin County Superior Court American Civil Liberties Union of Maine and American Civil Liberties Union of Maine Foundation (Non-profit corporations) Director , President , Finance Committee Maine Volunteer Lake Monitoring Project, (Non-profit scientific corporation) Director and Treasurer, Pathways Inc., Auburn Maine (Non-profit educational corporation) Director, President of Board, Vice president, Beacon Project (Internet non-profit advisory group) Board and Secretary, Androscoggin Valley Community Action (Non-profit community action agency) Director and Treasurer, Lewiston-Auburn Children's Home (Non-profit charitable corporation) Director and Treasurer Craftschool, Lewiston, Maine (Non-profit arts corporation) Director and Treasurer The Androscoggin School (Non-profit educational corporation) Director and Treasurer Community Alternergy (Non-profit organization) Director 1978 Lewiston High School Mock Trial Team coach, University of Maine Moot Court Judge, 1985, 87, 92, 2002, to date. Jessup International Moot Court Judge,

4 Have taught CLE Courses through Maine Bar Association, MTLA and County Bar. Also taught some classes at Bates College and various high schools in central Maine. Education Western New England College School of Law, J.D Winner ATLA Environmental Law Essay Contest Set up clinical program for law school, Worked at Western Mass Legal Services Bates College, B.A. History University of Glasgow, Scotland Conference at Museum of Modern Art, New York on arts issues and the law, 1987 National Institute of Trial Advocacy Intensive Trial Course, (10 days) Conference presentations: Maine Association of Criminal Defense Lawyers, 2015 Annual Conference chaired panel on topic Incompetency, Insanity, Mental Abnormality and Crazy Stuff: Know the Basics Annual Conference, presented topic of How to Deal with the Seriously Mentally Ill Criminal Defendant. Bridging the Gap, MSBA program for new lawyers, presenter, 2010, 2011, 2012, 2013, Maine State Forensic Service Continuing Education conference of Mental Health Issues and the Law, November 9, 2007, Augusta: Helped plan and present conference. AALS Workshop on Clinical Legal Education, May 2007, poster presentation: Inside the Walls, Outside the Box: Legal Assistance Clinics in the Prison System Using IOLTA, Law School, and Department of Corrections funding, U. Maine School of Law set up the Prisoner Assistance Clinic, which handles any civil cases the prisoners have (other than against the Department of Corrections). The students take their classroom learning, go into prison, work with men and women inmate/clients, and figure out how to do the case. If you can imagine a civil case, the students run into it. Students interview, counsel, draft, litigate, settle, negotiate, and learn how to take their individual style and be a lawyer. 4

5 Reported cases: 1. United States v. Jackson, Nos , , UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 43 Fed. Appx. 397; 2002 U.S. App. LEXIS 17671, August 26, United States v. Booth, No , No , UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 1996 U.S. App. LEXIS 8848, April 23, United States v. Bannister, No , UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 924 F.2d 21; 1991 U.S. App. LEXIS 1032, January 25, 1991, Decided, as Corrected January 29, Teachers Ins. Co. v. Schofield, Civil No B-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 284 F. Supp. 2d 161; 2003 U.S. Dist. LEXIS 17151, September 29, Marr v. Me. Dep't of Human Servs., Civil No B-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 2002 U.S. Dist. LEXIS 12604, July 9, Marr v. Me. Dep't of Human Servs., Civil No B-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 215 F. Supp. 2d 261; 2002 U.S. Dist. LEXIS 12605, July 9, Marr v. Me. Dep't of Human Servs., Civil No B-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 215 F. Supp. 2d 261; 2002 U.S. Dist. LEXIS 8349, May 9, Marr v. Me. Dep't of Human Servs., Civil No B-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 2002 U.S. Dist. LEXIS 7378, April 24, 2002, Decided, Affirming Order of July 9, 2002, Reported at: 2002 U.S. Dist. LEXIS United States v. Woodward, Criminal No P-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 173 F. Supp. 2d 64; 2001 U.S. Dist. LEXIS 18941, November 15,

6 10. United States v. Woodward, Criminal No P-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 154 F. Supp. 2d 83; 2001 U.S. Dist. LEXIS 17812, January 29, United States v. Lopez, Criminal No P-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 106 F. Supp. 2d 92; 2000 U.S. Dist. LEXIS 10708, July 31, United States v. Lopez, Criminal No P-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 2000 U.S. Dist. LEXIS 8060, April 28, United States v. Lopez, Criminal No P-C, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 2000 U.S. Dist. LEXIS 8067, April 28, Smith Barney, Inc. v. Ekinci, Civil No P-H, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 937 F. Supp. 59; 1996 U.S. Dist. LEXIS 14249, September 10, Overton Corp. v. Case Equipment Co., Civil No P, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 1991 U.S. Dist. LEXIS 1500, January 17, Overton Corp. v. Case Equipment Co., Civil No P, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 1990 U.S. Dist. LEXIS 18275, December 20, 1990, Decided, December 20, 1990, Filed, Adopting Order of January 17, 1991, Reported at 1991 U.S. Dist. LEXIS Morgan v. Hatch, Civil No P, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE, 118 F.R.D. 6; 1987 U.S. Dist. LEXIS 11271; 9 Fed. R. Serv. 3d (Callaghan) 830, November 25, State v. Hernandez, Docket: Kno , SUPREME JUDICIAL COURT OF MAINE, 1998 ME 73; 708 A.2d 1022; 1998 Me. LEXIS 81, December 4, State v. Barnies, Decision No. 7746, Law Docket No. And , SUPREME JUDICIAL COURT OF MAINE, 680 A.2d 449; 1996 Me. LEXIS 175, June 20,

7 20. City of Portland v. Farrell, Decision No. 6571, Law Docket No. CUM , SUPREME JUDICIAL COURT OF MAINE, 628 A.2d 131; 1993 Me. LEXIS 123, July 9, Portland v. De Paolo, Decision No. 5283, Law Docket No. CUM , Supreme Judicial Court of Maine, 567 A.2d 78; 1989 Me. LEXIS 316, December 8, Danforth v. Gautreau, Decision No. 5025, Law Docket No. OXF , Supreme Judicial Court of Maine, 556 A.2d 217; 1989 Me. LEXIS 64, March 30, Portland v. De Paolo, Decision No. 4522, Law Docket No. CUM , Supreme Judicial Court of Maine, 531 A.2d 669; 1987 Me. LEXIS 819, October 1, In re Heather B., No. And , Supreme Judicial Court of Maine, 516 A.2d 948; 1986 Me. LEXIS 905, October 10, In re Kevin R., Law Docket No. And , Supreme Judicial Court of Maine, 501 A.2d 430; 1985 Me. LEXIS 887, December 23, Portland v. Jacobsky, Law Docket No. Cum-84-94, Supreme Judicial Court of Maine, 496 A.2d 646; 1985 Me. LEXIS 803; 12 Media L. Rep. 1433, August 6, State v. Caouette, Law Docket No. Ken , Supreme Judicial Court of Maine, 462 A.2d 1171; 1983 Me. LEXIS 749, July 18, State v. Bleyl, Law Docket No. And-80-18, Supreme Judicial Court of Maine, 435 A.2d 1349; 1981 Me. LEXIS 966, September 29, Boothbay Register, Inc. v. Murphy, Law Docket No. And-80-2, Supreme Judicial Court of Maine, 415 A.2d 1079; 1980 Me. LEXIS 596, June 18, Powell v. James Newspaper, Inc., Law Docket No. Ox-78-9, Supreme Judicial Court of Maine, 400 A.2d 362; 1979 Me. LEXIS 597, April 18, State v. Morse, [NO NUMBER IN ORIGINAL], Supreme Judicial Court of Maine, 394 A.2d 285; 1978 Me. LEXIS 1014, November 21, HUFF v. HUFF, CIVIL ACTION DOCKET NO. RE-01-27, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, 2003 Me. Super. LEXIS 97, April 11,

8 33. LITTLE v. PERRY, Civil Action Docket No. CV , SUPERIOR COURT OF MAINE, ANDROSCOGGIN COUNTY, 2002 Me. Super. LEXIS 59, August 5, STATE v. BARNIES, CRIMINAL ACTION Docket No. CR-95-92, SUPERIOR COURT OF MAINE, ANDROSCOGGIN COUNTY, 1995 Me. Super. LEXIS 360, October 10, FALK V SINCLAIR, U.S. DISTRICT COURT, MAINE, Docket No: Civil P-S, Recommended Decision Dec. 31, U.S. Dist. LEXIS , - Affirmed Feb. 23, U.S. Dist. LEXIS Decision amended 2010 U.S. Dist. LEXIS (D. Me., Mar. 19, 2010) (A Hague Convention case done with the Clinic) 36. In re RICHARD E., 2009 ME 93, 978 A 2d 217 (Supreme Judicial Court of Maine). 37. RAYNES V DEPT. OF CORRECTIONS, 2010 ME 100, 5 A. 3d 1038 (Supreme Judicial Court of Maine). 38. BLACKHOUSE V. DOE, 2011 ME 86, 24 A. 3d 72 (Supreme Judicial Court of Maine). 39. SHEIKH V. HAJI, 2011 ME 117, 32 A. 3d 1065 (Supreme Judicial Court of Maine). 6/22/15 8