Page 15 - Delaware Lawyer - Winter 2020

Photo by Bud Keegan Images
From left: James H. S. Levine,
The Hon. Kathaleen S. McCormick, The Hon. Morgan T. Zurn.
for personal reasons and joined Morris, Nichols, Arsht & Tunnell, again doing patent litigation. As a fourth-year associ- ate, I decided to pursue public service, and joined the Consumer Fraud Unit of the Attorney General’s Office. While that may sound, at first glance, unglamorous, at that point in my career, it gave me great auton- omy over a caseload that belonged entirely to me. I gained the confidence to stand up in court and defend my own work prod- uct, and the knowledge that I could be a lawyer standing on my own two feet.
I moved to the Appeals Unit of the At- torney General’s Office, where I absolute- ly fell in love with the process that goes into being an appellate attorney, which I have come to realize is very similar to the process that goes into being a Vice Chan- cellor. You corral the record, you spot the
issues, you try to resolve the issues, and then you try to explain yourself in a writ- ten work product. That work scratched all of the places that itched in my mind.
In 2011, Judge Andrews was appoint- ed to the District Court, and he asked me to serve as one of his initial law clerks. It was a fantastic experience. He’s a wonder- ful mentor and a big part of why I sit here today.
Shortly after I rejoined the Attorney General’s Office, the Master in Chancery position opened. I have a master’s degree in bioethics, and the Master in Chan- cery docket addresses a lot of substitute decision-making and end-of-life decision- making that I have always found academi- cally interesting and very poignant and rewarding.
I was fortunate to be selected for the position, and served as a Master for two- and-a-half years, during which I absolute- ly fell in love with the Court, including the judicial officers and staff, the rigor of the work, and the quality of the lawyers who practice their craft at a high level. So when the Vice Chancellor position be- came available, I was thrilled to apply. I feel very fortunate to be here.
LEVINE: How have your public-sec- tor career paths impacted your ap- proach as a judge?
ZURN: I think it leads me to meet litigants and counsel where they are, particularly in cases that are cost-conscious or under- resourced. Coming from the AG’s Office, I appreciate what that’s like. Obviously, parties and counsel have to prove their case on the merits, but I try to meet them where they are.
McCORMICK: So Legal Aid attorneys are special people. They think on their feet. They’re problem solvers inherently, and they deal with a tremendous work- load. They’re often under-resourced. That was probably good training for this job. I’ll leave it at that.
LEVINE: So you have both been Vice Chancellors now for a little over a year. What are the biggest surprises or challenges that have confronted you since becoming Vice Chancel- lors?
McCORMICK: I think one of the big- gest surprises has been the level of cama- raderie among the members of the Bench, the special group of people that is dedicat- ed to doing good with their lives and for the State of Delaware, and to creating a positive work environment for each other. Perhaps I should have expected that, but I did not, and it’s made for a very pleasant transition.
ZURN: For me, the biggest surprise has been, in large part because of the reason that Vice Chancellor McCormick just mentioned, how much I really, truly en- joy it. I am having so much fun. I find it immensely rewarding. I have a great time with my colleagues, my clerks, and the Court staff. I have a great time wrestling with the issues that are presented, and the academic challenges.
LEVINE: Are there ways that coun- sel appearing before you can help alleviate any pressures that are caused by resource concerns? For example, do you want courtesy copies of everything in all cases? I know counsel submit case com- pendia —
McCORMICK: Some people don’t do that, actually.
ZURN: Most people don’t do the com- pendia I think. The courtesy copies in a timely fashion, particularly in expedited cases, are hugely helpful. And when we don’t get them, our assistants have to call to get them, which is a further un- necessary utilization of resources. So it’s hugely helpful to send those in.
LEVINE: I’m glad you brought up expedited litigation. As technology has advanced and the stakes of Chancery cases have increased, litigation in this Court has become a 24/7 endeavor, with expedited cases comprising a sizable com- ponent of the Court’s docket. How have you found the adjust- ment from advocate to arbiter of litigation that often advances at a breakneck pace?
McCORMICK: I didn’t find it that dif- ferent at first. In practice, one of my spe-
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