Fairchild Lecture speaker Dow embodies that advice as a lawyer, judge and now administrator for the Supreme Court of the United States.
In February, University of Wisconsin Law School hosted Hon. Robert M. Dow, Jr. as the keynote speaker for the annual Thomas E. Fairchild Lecture.
Judge Dow, who was born in Madison, has served as a U.S. District Judge for the Northern District of Illinois since December 2007. Effective Dec. 5, 2022, he assumed new duties as Counselor to Chief Justice John G. Roberts, Jr. He serves as the Supreme Court’s chief operating officer and assists the Chief Justice in his administrative responsibilities as head of the federal judiciary. Judge Dow has sat by designation on the United States Courts of Appeals for the Sixth and Seventh Circuits and is a member of the American Law Institute. He also teaches complex litigation as an adjunct professor at Northwestern University Law School.
We sat down with Judge Dow to discuss his path to the bench, his role as Counselor to the Chief Justice and more.
Interview by Kassandra Tuten
Question: In your years on the Northern District of Illinois bench, what were the most significant cases or issues you encountered, and how did they shape your approach to the law?
Answer: One thing I’ve been taught, and I think it’s correct, is that every case is important to the litigants. And it’s the most important case to each litigant, so I try to keep them the same, but there’s no way to get around the fact that some cases are more important to the outside world; for example, some are more noteworthy to the local newspaper or to a precedent. But, I try to keep every case the same.
The Chicago Police Department’s consent decree (a consent decree from 2019 requiring the Chicago Police Department to make sweeping reforms in areas like use of force, community policing and training) was the most interesting and probably the most far-reaching case I’ve ever handled.
Q: In 2022, you assumed the role of Counselor to Chief Justice Roberts. Can you tell us a little bit about that role and its history? What does a typical day look like, and how has the transition been from the bench to this more administrative role?
A: The job has been around for 50 or more years, but the position has never been held by a judge before, so I’m the first judge to be counselor. Every Chief Justice has had their idea of what this position should be, and it’s evolved with the judiciary.
One of the beauties about this position is that there isn’t really a typical day. From about September to the end of June, it’s very feverish; court is in session, Congress is in session, there’s a lot going on. Then, July and August are very quiet. Once the last opinion goes out, we can take a breath and work on longer-term projects. And the position is administrative, which is not what a district judge does, but a chief district judge does. You use different muscles.
Also, before I went to law school, I considered a career in diplomacy, and there is some diplomacy work in this position where we’re dealing with the European Court of Justice or the Supreme Court of Canada, for example. You realize the power of diplomacy and meeting with people to discuss common goals and problems. You learn how much you have in common and how important the rule of law is and how important reinforcing that is.
Q: You also teach complex litigation at Northwestern. What key lessons do you hope to impart to law students, and how has teaching influenced your own views on the law?
A: Complex litigation is a fraction of the whole litigation world. That’s sort of what I did in practice, and therefore my favorite cases have been the complex ones. It’s my favorite thing to do both in practice and as a judge. As a professor, you hope to expose your students to the possibility that this is an area they might be interested in as a career.
Q: What do you enjoy most about teaching and why?
A: Our students, for sure. They’ve chosen this class because they’re interested in the subject matter. They all are 2 or 3Ls, and they ask great questions. It’s really fun. They have to pick a research topic, and we try to hone the topic in throughout the semester. Some are so great that we send them to judges or the rules committee; some have even been published.
Q: What advice would you give to students just starting their legal careers?
A: Trust your instincts. Go take a risk! Take a job that sounds interesting and go for it. Don’t be afraid to take a risk or try something new. There’s no irredeemable mistake you can make with a law degree from the University of Wisconsin. You’ll find opportunities that way. Do it all!
I had no thought of being a judge before clerking for Judge Joel M. Flaum of the United States Court of Appeals for the Seventh Circuit, but after clerking for him, I had no other aspiration.
Q: As someone who has transitioned from private practice to the bench and now to a leadership role in the judiciary, what advice would you offer lawyers who are interested in judicial or public service careers?
A: Judge Flaum always said public service is the highest calling, and that’s what I’ve taken to heart. I would say there are lots of opportunities to do public service. We need people who have good judgment, discretion and the best interest of their clients at heart. It takes courage and passion and fortitude, particularly if you’re a criminal defense lawyer.