Judge Reyna Calls For Hope During Uncertain Times

By Dani Kass
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Law360 (October 27, 2020, 7:47 PM EDT) -- Federal Circuit Judge Jimmie V. Reyna on Tuesday issued a rallying call for attorneys to make the world a better place and keep hope alive while society is on the "battleground of change."

During a speech at the American Intellectual Property Law Association's virtual annual meeting, Judge Reyna said in times of upheaval, like the world is currently in, attorneys should be looking to change things for the better and "advance the human spirit." He didn't specify whether he was discussing the pandemic, the election or other concerns, but the judge called for attorneys to use their power for good.

Federal Circuit Judge Jimmie V. Reyna speaks at the AIPLA's virtual annual meeting.

"In our society, a lawyer can demand, a lawyer can threaten, bring action, enjoin, divorce, prevent, sue, make libel, escalate, breach. A lawyer can load misery, burdens, on the backs of their fellow citizens and walk away, and nobody can lift a finger," Judge Reyna said. "The law can be wielded in a way that promotes hate or injustice. A lawyer can also resolve, recover, mediate, reconcile, unite and join."

He continued: "A lawyer can act to correct injustice. We can ensure justice. A lawyer can move, can act, to lift a burden off the backs of our fellow citizens."

Judge Reyna gave an example from before he joined the bench, as an attorney representing a family adopting a child. While the judge overseeing the adoption normally decided adoption cases without a hearing, the family wanted to explain in person why they'd be great parents for this child.

They were able to get a hearing, and the judge approved the adoption on the spot after hearing how the parents explained their love of the child and their desire to care for her. His client's extended family was present for a vibrant celebration in the courthouse, even trying to lift the future judge in the air.

"One of the tools that the American lawyer has is to wield the law to achieve justice. To recognize that dignity and humanity. To bring respect to our government leaders and to love," he said. "The adoption case demonstrated to me that even in the law there is love."

While being a lawyer often promises money and security, Judge Reyna stressed that "it's not a free deal," and attorneys can't forget the big-picture commitments inherent in the profession.

"We agree to shoulder special obligations and commitments that not only guide our conduct in public but also to safeguard the fundamental principles in our constitution," the judge said.

And those obligations are especially important at the moment, he added.

"I don't know whether we're at the intersection of growth or collapse. Perhaps we are; perhaps we're always at that intersection. But one thing is clear to me: We are presently on the battlefield of change," he said. "The question is what can I do, what can you do, what can we do together, so that we may stand together, brave, tall, on that battlefield and work to capture anew our ideals of the American system of justice."

On a lighter note, Judge Reyna also gave an anecdote of how he had to adjust when the Federal Circuit switched to remote arguments for the first time in its history. At the beginning of the COVID-19 pandemic, Judge Reyna said he still wore a suit and robe at his home office during arguments, hoping to "maintain the dignity and the decorum of the court." It didn't last long.

"Halfway through the first argument ... I realized I was burning up. I was really hot," he said. "I had to get up, I took off my robe, put it down and took off my jacket, put it down, and I sat back in my chair and listened to the rest of the arguments. I had to adjust. I made an adjustment to a change that today's landscape has brought into our courtroom."

--Editing by Steven Edelstone.

For a reprint of this article, please contact reprints@law360.com.

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