FIRST MONDAY IN OCTOBER

Since 1994, the Office of the Appellate Defender has hosted the annual First Monday in October, a fundraiser for OAD and an awards ceremony at which OAD presents the Gould Award for Outstanding Advocacy to two of the most highly regarded advocates in the nation. As the highlight of the program, the two advocates argue an important contemporary constitutional issue before a mock United States Supreme Court. First Monday, held at New York University School of Law, is an exciting event attended by many of New York's most prominent attorneys, judges, and government officials.

Save the date! Next year's First Monday in October will take place on Monday, October 6, 2008.


First Monday in October 2007

OAD's fourteenth First Monday in October program at the New York University School of Law was hugely successful. Our mock Supreme Court tackled District of Columbia v. Shelly Parker, et al., a case that examines whether the Second Amendment right to keep and bear arms is limited to membership in a State militia or whether it extends to individuals. The case was argued by Jeh C. Johnson, of Paul, Weiss, Rifkind, Wharton & Garrison, and Barry Kamins, of Flamhaft Levy Kamins Hirsch & Rendeiro. Mr. Johnson and Mr. Kamins were also recipients of OAD's Gould Awards for Outstanding Oral Advocacy.

Henry G. Miller, as Commentator, introduced our advocates and esteemed jurists: The Honorable George Bundy Smith of Chadbourne & Parke, as Chief Justice, and Marianne Bretton-Granatoor of Merrill Lynch, John M. Callagy of Kelley Drye & Warren, Meir Feder of Jones Day, Elizabeth L. Grayer of Cravath, Swaine & Moore, Peter L. Simmons of Fried, Frank, Harris, Shriver & Jacobson, Marsha E. Simms of Weil, Gotshal & Manges, Cyrus R. Vance, Jr. of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, and Joseph F. Wayland of Simpson Thacher & Bartlett, as Associate Justices. Myrna Felder, Event Co-Chair (along with Roy Reardon) acted as Court Crier.

 

Jeh C. Johnson argues for the Defendants.

Barry Kamins as Counsel for the Respondents.

Chief Justice George Bundy Smith fires a question to the advocates.
Also pictured are Associate Justices Marianne Bretton-Granatoor and Peter L. Simmons.

 

First Monday in October 2006

On October 3, 2006, Bettina B. Plevan, of Proskauer Rose, acting as Counsel for the Petitioner, and Evan R. Chesler, of Cravath, Swaine & Moore, acting as Corporation Counsel of the City of New York, received the Gould Award for Outstanding Advocacy. The honorees argued the case of MacWade v. Kelly, a case that considers the constitutionality of the New York Police Department Subway Search Program.

The Honorable John S. Martin, Jr. of Martin Obermaier, acted as Chief Justice. Maria T. Galeno of Pillsbury Winthrop Shaw Pittman, Willis J. Goldsmith of Jones Day, William F. Kuntz, II of Baker & Hostetler, Joseph T. McLaughlin of Heller Ehrman, Christopher P. Reynolds of Morgan, Lewis & Bockius, Jane Sherburne of Citigroup Inc., Debra M. Torres of Fried, Frank, Harris, Shriver & Jacobson, and Mary Kay Vyskocil of Simpson Thacher & Bartlett, as Associate Justices.

 

Bettina Plevan reviews her argument as Counsel for the Petitioner.

Evan Chesler argues as Corporation Counsel of the City of New York.

Thomas V. Heyman presents Bettina Plevan and Evan Chesler with the Gould Award.

 

First Monday in October 2005

On October 19, 2005, Theodore V. Wells, of Paul, Weiss, Rifkind, Wharton & Garrison, acting as Counsel for the Petitioner, and Alan Vinegrad, of Covington & Burling, acting as Solicitor General of the State of Tennessee, received the Gould Awards for Outstanding Advocacy. The honorees argued the case of House v. Bell, a case that considers whether the execution of an actually innocent person violates the constitutional guarantee of Due Process and, if so, what standard of proof of innocence must be satisfied—after all appeals have otherwise been exhausted—in order to avoid execution.

 

Theodore V. Wells, Jr. arguing for the Petitioner.

Alan Vinegrad arguing for the State of Tennessee.

 

The 2005 First Monday in October Bench.

 

The Honorable Alfred D. Lerner of Phillips Nizer acted as Chief Justice. Sharon Y. Bowen of Latham & Watkins, John W. Carr of Simpson Thacher & Bartlett, Pamela Rogers Chepiga of Allen & Overy, Hector Gonzalez of Mayer Brown, Rowe & Maw, noted criminal practitioner Stephen E. Kaufman, Stephen R. Kaye of Proskauer Rose, Karen Patton Seymour of Sullivan & Cromwell and Guy Miller Struve of Davis Polk & Wardwell acted as Associate Justices.

First Monday in October 2004

On October 4, 2004, Myron Beldock, Esq., of Beldock Levine & Hoffman, acting as counsel for the petitioner, and Daniel F. Kolb, Esq., of Davis Polk & Wardwell, acting as Solicitor General of the State of New York, received the Gould Awards for Outstanding Advocacy. The honorees argued the case of Justine West v. New York, a hypothetical case examining the issue of whether New York's prohibition on same-sex marriages violates the Equal Protection Clause, and whether an official can be criminally prosecuted for solemnizing such marriages.

Myron Beldock arguing for the Petitioner.

Daniel F. Kolb arguing for the State of New York.

 

The 2004 First Monday in October Bench.

 

The Honorable Ernst H. Rosenberger of Stroock & Stroock & Lavan, acted as Chief Justice. Preeta D. Bansal, Esq., of Skadden, Arps, Slate, Meagher & Flom LLP, John K. Carroll, Esq., of Clifford Chance LLP, James E. Johnson, Esq., of Debevoise & Plimpton LLP, Alan Levine, Esq., of Kronish, Lieb, Weiner & Hellman LLP, Barry R. Ostrager, Esq., of Simpson Thacher & Bartlett LLP, Susan Sommer, Esq., of Lambda Legal, and Maria T. Vullo, Esq., of Paul, Weiss, Rifkind, Wharton & Garrison LLP, and James Q. Walker, Esq. of Richards Spears Kibbe & Orbe LLP served as Associate Justices.

First Monday in October 2003

Thomas V. Heyman, OAD Board Chair, presenting the Gould Award to Burt Neuborne & Mary Jo White

 

On October 7, 2003, Professor Burt Neuborne of New York University School of Law, as counsel for the petitioner, and Mary Jo White, chair of Debevoise & Plimpton's litigation group and former United States Attorney for the Southern District of New York, as Solicitor General of the State of New York, received the Gould Award for Outstanding Advocacy. The honorees argued the case of Court TV v. The State of New York, a hypothetical case examining whether New York State's prohibition on cameras in the courtroom violates the First Amendment.

Burt Neuborne arguing for Court TV

Mary Jo White arguing for New York State

Mary Jo White & Burt Neuborne

 

The bench was comprised of the following attorneys:

First Monday in October 2002

On October 7, 2002, Gerald B. Lefcourt, of Gerald B. Lefcourt, P.C., as counsel for the petitioner, and Loretta E. Lynch, of Hogan & Hartson, as Solicitor General, received the Gould Award for Outstanding Advocacy. The honorees argued the case of Al- Zawahiri v. Ashcroft, a hypothetical case that tested the constitutionality of post-9/11 regulations adopted by the U.S. Attorney General that permit the government to monitor attorney-client communication in "national security" cases.

Loretta E. Lynch

Gerald B. Lefcourt

 

First Monday in October 2001

On October 1, 2001, Bryan A. Stevenson, the founder and Executive Director of the Equal Justice Initiative of Alabama, as counsel for the petitioner, and Paul J. Curran, Special Counsel at Kaye Scholer, LLP, as Attorney General of North Carolina, received the Gould Awards. They argued the case of McCarver v. North Carolina, which raised the issue of whether the Eighth Amendment prohibition against cruel and unusual punishment precludes the execution of a person with mental retardation.

Bryan A. Stevenson

Paul J. Curran

 

Previous recipients of the Gould Award for Outstanding Advocacy

Previous First Monday in October Justices

First Monday in October Programs

Year Case Title Issue Advocates
2007 District of Columbia v. Shelly Parker, et al. The Second Amendment: Who Has the Right to Own Guns? Bettina B. Plevan & Evan R. Chesler
2006 MacWade v. Kelly NYPD Subway Searches: Are They Constitutional? Bettina B. Plevan & Evan R. Chesler
2005 House v. Bell Executing the Innocent: Does the Constitution Permit It? Theodore V. Wells, Jr. & Alan Vinegrad
2004 West v. New York May the state prevent and criminalize marriage involving same sex couples? Myron Beldock & Daniel F. Kolb
2003 Court TV v. The State of New York Does New York State's prohibition on cameras in the courtroom violate the First Amendment? Burt Neuborne & Mary Jo White
2002 Al Zawahiri v. Ashcroft Attorney-Client Communications after 9/11: May the Government listen in? Gerald B. Lefcourt & Loretta E. Lynch
2001 McCarver v. North Carolina Does the Eighth Amendment prohibit the execution of a person with mental retardation? Paul J. Curran & Bryan A. Stevenson
2001 McCarver v. North Carolina Does the Eighth Amendment prohibit the execution of a person with mental retardation? Paul J. Curran & Bryan A. Stevenson
1999 Dickerson v. United States Police power in a free society: Can a person run from the police? Are Miranda warnings still required? Elkan Abramowitz & Charles A. Stillman
1998 Capital Cities/ABC v. Food Lion Investigative reporting: How far can the media go? Martin London & Frederick A.O. Schwarz, Jr.
1997 Thomas v. United States Jury nullification: May a jury ignore the law? May a court prevent it? Conrad K. Harper & Otto G. Obermaier
1996 Vacco v. Quill Is there a right to assisted suicide? David Boies & Evan A. Davis
1995 Troy v. New York Is New York's death penalty law constitutional? Floyd Abrams & Bernard W. Nussbaum
1994 X-Citement Video, Inc. v. Gottesman Is the federal child pornography statute constitutional? Sheila L. Birnbaum & Jay Topkis

First Monday Video Tapes and DVDs

Videotapes and DVDs of all First Monday in October arguments are available. These tapes and DVDs are excellent teaching tools. Videotapes and DVDs are $200 for the first tape and $50 for each additional tape or DVD. To order First Monday videotapes or DVDs, please complete the following form. Special pricing is available for bulk orders and public interest organizations. For more information on special pricing, contact Ms. Tuli Taylor by e-mail at ttaylor@appellatedefender.org or by phone at 212.402.4116