Washington Lawyer - September/October 2024 - 19

FEATURE
that because they know you worked hard. They're proud that you're
going to be coming from that office, " she says. " Don't shy away from it,
thinking that they'll think you don't want to be there anymore. It's a goal,
and it's something that makes your employer look good. "
D.C. Court of Appeals Associate Judge John P. Howard also waited two
years to get confirmed, a process marked by a few hiccups. He was nominated
in 2020 by President Trump, but the nomination failed to pass the
Senate before its expiration. He was renominated by President Biden in
2021, and on February 2, 2022, the Senate invoked cloture, forcing a roll
call vote of the senators present.
Judge Howard did not initially contemplate a career in the judiciary. As a
law student, he says he was more drawn to the policy side of lawyering.
" I saw a lot of power in policy and what it can do to help people, " Howard
says. " Individual cases can often be like Band-Aids; policy can more
regularly really hit the cause of something. "
Howard began his legal career as a law clerk for Judge Alexander Williams
Jr. of the U.S. District Court for the District of Maryland and for Chief
Judge David C. Simmons of the D.C. Commission on Human Rights. After
practicing civil litigation and family law at a large firm and working as a
solo trial attorney, he began serving as administrative law judge (ALJ)
with the D.C. Commission on Human Rights in 2014 and, four years later,
with the D.C. Office of Administrative Hearings.
Howard says his clerkships, followed by his service as administrative law
judge, eventually put him on the path to apply for a seat on the Court of
Appeals. " I thought my experience as an ALJ would let me bring an important
perspective to the court, " he says. " Administrative cases are the
third largest part of the docket at the Court of Appeals, and growing.
Only civil and criminal are bigger
here. "
" I have always admired and respected
the Court of Appeals, " Howard
continues. " It's where legends like
Julia Cooper Mack and Ted Newman
and Will Pryor served. It is the
court of the incomparable Inez
Smith Reid, John Ferren, and Eric
Washington, and other more recent
legends like John Fisher, who is preparing
to retire, and Phyllis Thompson,
whose seat I was confirmed to
. . . I admire her, in particular, as a
judge who brought significant administrative
law experience to the
bench, among many other reasons. "
GAINING RELEVANT
EXPERIENCE
Although clerkships helped prepare
Howard and Briggs for the bench,
Howard says those with no clerking
experience should not count themselves
out. " I think it's important for
judges on our D.C. Courts to reflect
diverse professional and personal
backgrounds and experiences. Make it someone else's job to say no to
you, " Howard says.
Another common assumption is that to succeed, judicial applicants must
come from a criminal law background, either in prosecution or defense.
Statistics do support this - a study conducted by the Council for Court
Excellence examining the professional backgrounds of 150 individuals
selected by the JNC between 1994 and 2011 showed that 58 percent
had criminal law experience. However, a significant number of nominees
came from other workplace settings, including the private sector, academia,
and civil and family law practice.
" You can have that exposure, and it's not always a clerkship, " Briggs says.
" Many of my colleagues teach classes at local universities. If you're in law
school, you can start there. I took classes that had judges as my professors. "
Briggs
underscores the importance of gaining legal experience in whatever
form and following one's dreams. " My mom used to always tell me,
growing up, 'Make them tell you no,' whoever 'them' is. You don't talk
yourself out of something. If there's something you are interested in, you
move forward, " she says.
" For those who are in practice, you can go to bar events. The bar has a
lot of events that ask judges to come and talk. It's not always a discussion
of how to get to the bench, but if you come to the event, you can have
a conversation with a judge to learn more about the role, " Briggs adds.
WEIGHT OF JUDICIAL RESPONSIBILITY
Looking back on his judicial career, Judge Hiram E. Puig-Lugo admits he
initially had mixed feelings about becoming a judge. " I was not really
I think it's important
for judges on our
D.C. Courts to reflect
diverse professional
and personal
backgrounds and
experiences.
JUDGE JOHN P. HOWARD
SEPTEMBER/OCTOBER 2024 * WASHINGTON LAWYER 19
Jati Lindsay
Washington Lawyer - September/October 2024

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