Marianna Jackson Clay
4101 Tates Creek Center Dr.
Suite 150, PMB 305
Lexington, KY 40517
Office: 859-257-8352
Cell: 859-227-4234
[email protected] [email protected]
Currently Visiting Professor of Law, University of Kentucky College of Law, 2012-2015, teaching
clinical skills: civil pretrial, litigation skills and negotiating process.
Education
B.A. With High Distinction. (1975) University of Kentucky. Major: Speech and Theatre. Minor:
English Literature. Certification as a 7-12 Teacher.
J.D. With High Distinction. (1978) University of Kentucky College of Law, Valedictorian of Class
Admitted to Kentucky Bar (1979) Federal District Court for Eastern and Western
Districts of Kentucky and admitted to practice Sixth Circuit Court of Appeals.
National Institute of Trial Attorneys, instructor class. (2010). Trained as a NITA instructor in all aspects
of trial advocacy to include: depositions, openings, closings, direct, cross, motions.
Certified to practice law before the United States Veteran’s Board.
Academic Honors
Undergraduate: Dean’s List (numerous semesters).
Law School: Valedictorian of the Class of 1978. Order of the Coif. Comments Editor of the University of
Kentucky Law Review. Numerous book awards for civil procedure, criminal procedure, evidence and
other courses.
Professional Experience
Visiting Professor of Law, University of Kentucky College of Law, Lexington KY- Assumed position after
serving as an adjunct for many years with the College and upon my retirement from the United States
Department of Justice. I have developed, and currently teach, clinical civil programs for the University
including courses in Civil Pretrial, Negotiations, and Litigation Skills.
Assistant United States Attorney, 1979-2011, Responsible for criminal prosecution of federal cases in the
Eastern District of Kentucky. Served as first and second chair prosecutor on numerous cases ranging
from murder to white collar fraud. Handled civil litigation, including social security, collections, torts,
and others involving the United States
Chief , Civil Division, Eastern District of Kentucky 1982-1994, Responsible for the training of the Civil
Staff and the supervision of all Civil Cases. Also handled individual caseload of mixed civil cases
including torts, contracts, subpoena issues, injunctive and declaratory relief, medical malpractice, and
others.
First Assistant U.S. Attorney for the Eastern District of Kentucky 1994-2002, Responsible for the dayto-day management of the US Attorney’s Office in the Eastern District including hiring, reviewing
attorney evaluations, case assignments, fiscal management and all other oversight functions in
conjunction with the sitting US Attorney. Acting US Attorney when appointed US Attorney absent from
the district.
Head of the Prison Litigation Unit 2007-2009, Developed a working unit of federal agencies responsible
for litigation in the federal prisons Worked with attorneys from the Bureau of Prisons, FBI agents,
Inspector General agents, and prison investigators on litigation pertaining to inmates and prisons. This
unit was presented to the General Counsel of the Bureau of Prisons as a “best practice”.
Assistant Director of the National Advocacy Center (South Carolina) 2009-2011, In charge of training
and CLE’s for all DOJ and US Attorneys nationwide in the area of civil litigation. Managed a staff of
two. I designed the following courses at the NAC by developing the course content , designing a
syllabus, selecting appropriate textbooks, recruiting other instructors, and personally teaching and
mentoring students during the courses. As Assistant Director, responsible for reports and analysis of
courses and instructors to assure quality legal education. Responsible for overall management of the
course during its iteration. Course sizes ranged from 15 to more than 100 students with both novice and
experienced sections:
Electronic Discovery (ESI, Electronically Stored Information)– November 18-20, 2001 – 10-073. This
course was developed per directive of the Deputy Attorney General as part of the Department’s goal to
train all attorneys in the evolving area of e-discovery. This was the first time an e-discovery course had
been offered at the Advocacy Center. The course was designed in several levels ---one beginner
attorney level, one advanced attorney level and a technical course. The initial offering was for
advanced attorney and technical employees. The course covered all areas of the e-discovery model
from collection to introduction of evidence at trial. Application of the Federal Rules of Evidence to
electronic information was analyzed as well.
Basic Civil Trial Advocacy – January 5-14, 2010 – 10-055 . This is a two week course designed for
new DOJ and Assistant U.S. Attorneys. The course consists of lecture and practicums culminating in a
trial with federal judges as the conclusion of the two week period. In addition to managing this course,
I taught many sections of it not only while actually on detail to the Advocacy Center, but thoughout my
career. These sections included not only mentoring a trial team but lectures on case management, case
evaluation, openings, closings, direct, cross, various motions, and numerous evidence segments
Civil Appellate – February 22-26, 2010 – 10-154 . This course was designed to provide highly detailed
instruction to attorneys in the area of brief writing and oral argument. The students received writing
coaching from various experienced attorneys. A moot oral argument before federal Circuit Court
judges was held at the end of the course with the students arguing against attorneys from a local public
defender office.
Motion Practice – March 9-12, 2010 – 10-062. This is a course designed to refine the skills of more
advanced attorneys in motion practice in federal court. The course focused on legal writing skills with
mentoring during the course by me and other instructors.
Civil Chiefs Conference – May 3-7, 2010 – 10-060 . This course was designed as a conference-type
course for all Civil Division Chiefs nationwide. This course provided the Chiefs with policy and
litigation updates as well as an opportunity to meet with their colleagues for exchange of ideas and
information.
ESI – May 25-27, 2010 – 10-028. Per requirements, this was the second e-discovery course designed to
reach those attorneys who had not been accepted for the initial offering.
Defending Federal Employees – July 7-9, 2010 – 10-057. This course was jointly designed with the
Constitutional Torts Section of the Department of Justice. The course covered all aspects of Bivens
litigation including substantive law, defenses, evidentiary issues and case preparation and presentation.
Basic Civil Pretrial – July 26-30, 2010 – 10-072. Basic Civil Pretrial – October 18-22, 2010 – 11-028
Basic Civil Pretrial – March 21-25, 2011 – 11-062 . This course was completely revamped by me
with new practicums developed. The course covered a case from the initial agency referral to offers of
judgment. Students received lectures on written discovery, motions, privileges and evidence. One day
of the course was devoted to moot depositions of actual federal employees utilizing a case problem
which I designed.
Criminal Discovery for Support Staff – September 27-29, 2010 – 10-227. This was a course dealing
with basic Criminal Discovery including Giglio and Brady issues. Course also addressed organization
of discovery, disclosures and other material handling issues.
ESI – November 26-19, 2010 – 11-031. This was the third in the e-discovery series. Novice attorneys
or those with limited technical knowledge were targeted for this course.
ESI – January 5-7, 2011 – 11-037. Fourth in the e-discovery series. This was another segment
designed for attorneys with limited technical knowledge.
Faculty Development-In addition to the above substantive and skills courses, also designed and
administered an ongoing program of Faculty Development to encourage and train instructors to create a
qualified pool of speakers, lecturers and instructors for classes.
Adjunct Instructor, University of Kentucky College of Law, Appellate practice, 1980. Litigation Skills,
2006- current. Legal Research and Writing, 2011-2012, Civil Pretrial Practice, Spring 2012.
Other Federal Professional Instruction
Federal Law Enforcement Training Center, Glynco, Ga., 2010. I designed and taught a two day
training program “in-service” for Bureau of Prisons attorneys at the training center. This course was a
lecture and skills course covering evidentiary issues peculiar to law enforcement, written and oral
discovery, and witness interview techniques. Students were furnished with notebooks, on CD,
containing statutes, samples, and a syllabus.
United States Department of Labor, Regional Solicitor General’s Offices. 2010. At the request of the
Regional Solicitors Office I developed a training program for their “in services” similar to the one
presented to the Bureau of Prisons. A program was developed and I personally taught the first one in
Tampa Florida. The next three were taught in Boston, Chicago and Denver by colleagues using my
materials.
Justice Television Network, 2010-2011. The Department of Justice has its own network and studios for
distance learning. These programs are viewable on the desktop by all Department personnel. While at
the Advocacy Center, I presented a program on “Ethics in E-discovery” and “Prosecuting Prison
Homicides”. I also acted roles in a number of productions dealing with Brady, Giglio and other
matters.
Kentucky Bar Association. Throughout my career I have taught numerous courses for the KBA. In
2006-2008 I was the federal update presenter at the District Bar Meetings in several sites in both
Eastern and Western Kentucky.
Other Professional Instruction. Throughout my career I have instructed and lectured. This includes
presentations given at the Federal Bureau of Prisons ART Training, The Executive Management
Training Center at EKU, Midway College paralegal program, the Fayette County Bar Association, the
Gatlinburg Law Enforcement Conference, and elsewhere. The courses ranged from deposition practice,
federal civil procedure, federal torts claims act, constitutional torts, Westfall litigation, review of
current federal cases, security, Touhy regulations, violence against women prosecutions, and prison
homicides.
Made two video presentations for the Department of Justice to be broadcast on JustLearn on criminal
topics.
Program Development
Development of civil division of United States Attorney’s Office, EDKY.
Development of Security Program for Eastern District of Ky/ Also member of National Security
Working Group and participated in development of Security Plan for USAOs nationwide
Development of Mentoring Plan for USAO/EDKY, 2004
Developed numerous project and program initiatives for crime prevention, detection and civil remedies
Coordinated Violence Against Women Initiative for USAO/EDKY
Member of Security Working Group, EOUSA 1999-2002
Working Group member for DOJ Basic Civil Advocacy Courses
Development of complete civil curricula for National Advocacy Center, including electronic discovery
Created a program for annual United States Attorney’s Statewide Federal Practice Seminar, 2006 and
2007
Developed training programs for numerous Justice initiatives for both law enforcement, attorney staff
and support employees
Created a Security Training Program module presented at the National Advocacy Center
Creation of numerous in-house publications, training manuals and presentations for the Department of
Justice.
Design and implementation of core civil skills curricula for University of Kentucky College of Law
including Civil Pretrial and Negotiating Process.
Practice Skills
Over the course of thirty-one years as an Assistant United States Attorney I have extensive litigation
experience. I have tried many cases, both criminal and civil and both jury and bench. Types of civil
cases litigated included: medical malpractice, prisoner issues, injunctions, contract issues, torts of all
types under the Federal Tort Claims Act and Bivens litigation, administrative law, regulatory cases and
numerous others. Criminal cases litigated included: carjackings, drug offenses, immigration offenses,
mail fraud, homicides, and many others. I have litigated in both federal and Kentucky state courts. I
have presented many cases to the federal grand juries over the years.
In addition, I have extensive appellate experience before the Sixth Circuit Court of Appeals in both civil
and criminal cases. I have argued many times before that Court and drafted many briefs. Some of my
cases are reported.
Civil bench and jury trial experience in federal court.
Criminal bench and jury trial experience in federal court
Extensive State and federal motion practice experience
Federal grand jury and special grand jury practice experience
State and federal appellate experience in brief writing and oral arguments.
Highly specialized experience in prison litigation, Bivens litigation, medical malpractice,
torts, injunctive/declaratory relief, immigration law, federal statutory and administrative
law. Experienced in litigation, evidence, constitutional torts and criminal and civil.
Management and Supervisory Experience
First-line supervisor for twelve-years as chief of civil division, United States Attorney’s Office
As First Assistant United States Attorney supervised budget and over 75 personnel including suboffices.
Developed and implemented operating procedures in compliance with federal regulations governing
employee duties, appraisals, work plans and performance plans
Attended yearly management training courses for 15 years provided by the Department of Justice
covering employment law, communications, supervisory principles and management techni
Twenty year experience in hiring, promotion, discipline and performance evaluation of both attorney
and staff personnel. Experience with EEO and other administrative review procedures involving
employee matters.
Preparation of annual report, 3 year projected budgets and 3 year evaluations while First Assistant for
the United States Attorney’s Office.
Handled urgent reports to highest levels of government dealing with situations which required the
cooperation of many individuals and several agencies
Experienced and fully committed to a team building approach in management.
Professional Awards
1998
Superior Achievement Award, EOUSA/EDKY
1999
EOUSA Director’s Award for Superior Performance in a Managerial/Supervisory Role
2002-
Recipient of Award for Excellence in Performance
2003-
Recipient of Award for Development of Nationally Recognized
Attorney-Mentoring Program
2005
US Attorney’s Teamwork Award for Participation in Immigration Brief detail
2005
US Attorney’s Award for Outstanding Superior Performance
2006
US Attorney’s Award for Ethics Seminar Presentation
2008
Sustained Superior Performance Award- for Prison Litigation Unit
2009
Sustained Superior Performance Award
2010
Sustained Superior Performance Award
In addition, I have received numerous letters of commendation from federal client agencies including
the Federal Bureau of Prisons, Bureau of Alcohol, Tobacco and Firearms and the Federal Bureau of
Investigation.
Publications
The Department of Justice has strict rules on publication by individual attorneys due to policy
considerations. Thus, while I have written and designed many training manuals and course materials for
a variety of substantive and technical applications of the law to federal practice, these are distributed
solely to DOJ employees. Only the following have been made public record:
Survey of Criminal Law, KLJ, 1980.
Obtaining Testimony and Documents from Federal Employees for State Court Actions, Kentucky Law
Enforcement, Fall 2007.
Currently working as co-author on a text examining the role of the legal system in the Great Recession.
Working title is Deep Change: A Prescription for an Ailing Economy.
Currently working on a text analyzing the Socratic Method as an appropriate teaching format for law
school skills classes
Currently drafting case files to present to the National Institute of Trial Advocacy (NITA) for
publication.
Pending Proposal to University of Kentucky College of Arts and Sciences for panel “Year of Middle
East/ University of Kentucky Symposium. Comparative Studies in Law in Judaism, Christianity and
Islam.
Committees (Professional)
Department of Justice, Security Working Group.
Department of Justice, Civil Trial Advocacy Working Group.
Working Groups for Development of Constitutional Tort Attorney Training
Legal Publications Committee, Kentucky Bar Association
Health Care Fraud Joint Committee, State and Federal Cooperation
Domestic Violence Working Group, State and Federal Cooperation
Immigration Working Group, State and Federal Cooperation
Pro Se Litigation Working Group-EDKY
Federal Civil Procedure Working Group-EDKY
Project Safe Neighborhoods, EDKY
Committees (Academic)
Joint Committee on BA and JD
Committee on Design of LLM
Faculty Advisor
Black Law Students National Negotiation Competiotion.
Community Service
Fellow, Spring 2014, Organizing for Action
Sunday School Teacher, Vacation Bible School Teacher, Southern Hills United Methodist Church.
Assistant Brownie Troop Leader, Lexington, KY
Various Committees in support of the Arborteum, Lexington, KY
Fundraising Committees, Community Montessori School
Volunteer work with Bluegrass Shih Tzu Rescue, Lexington KY
Volunteer work of various types with Lexington Tennis Association
Various committees for Bluegrass Youth Soccer
Professional Women’s Forum, Lexington, KY
President’s Committee on Violence against Women
Boards
Board of Directors of the Aintree Homeowners’ Association.
The Department of Justice requires all Board service to be approved by the Director of the Executive
Office. If any conflict is anticipated, approval is denied. The following were approved:
Board of Directors, School for the Creative and Performing Arts.
Board of Directors, Federal Credit Union.
Recommendations:
Hon. Karen Caldwell, United States District Court Judge
Federal Building, Barr Street
Lexington, KY
859-233-2503
Hon. Cammy Chandler, Acting Director,
National Advocacy Center
1620 Pendleton St.
Columbia, SC 29201
803-705-5000
[email protected]
Hon. Kevin Walasinski, Assistant Director
Federal Law Enforcement Training Center
Glynco, Georgia
502-316-4902
[email protected]
Hon. Sarah Montgomery
E-Discovery Coordinator for the Department of Justice
Office of the Associate Attorney General
Washington, DC
[email protected].
803-705-5000
Dean David A. Brennan
University of Kentucky College of Law
Limestone Street
Lexington, KY.
859-257-1658