The Honorable Bernice Donald is a nationally recognized former Federal Judge providing mediation, arbitration, special master, moot court strategy and advisory services in high profile, complex matters in national and international litigation. She is listed as a Tennessee Supreme Court Rule 31 General Civil Mediator.
Her expertise broadly spans many areas of law: appellate, bankruptcy, class actions, corporate contract, employment, insurance, banking & financial institutions, securities, antitrust, trade secrets, pharmaceutical development and licensing, patent and other intellectual property litigation and licensing, merger and acquisition transactions, and partnership disputes.
Judge Donald retired from the United States Court of Appeals for the Sixth Circuit in January, 2023. She was nominated to that position by President Barack Obama and was confirmed by a vote in the Senate on September 6, 2011. Prior to that, Judge Donald sat on the U.S. District Court for the Western District of Tennessee. She was appointed to the district court by President William Jefferson Clinton in December 1995. She was sworn into office in January 1996. She previously served as Judge of U.S. Bankruptcy Court for the Western District of Tennessee, becoming the first African American woman in the history of the United States to serve as a bankruptcy judge.
In 1982, she was elected to the General Sessions Criminal Court, where she became the first African American woman to serve as a judge in the history of the State of Tennessee. She received her law degree from the University of Memphis School of Law where she has served as an adjunct faculty member. She also serves as faculty for the Federal Judicial Center and the National Judicial College. In 1996, Chief Justice Rehnquist appointed Judge Donald to the Judicial Conference Advisory Committee on Bankruptcy Rules where she served for six years. She is extremely active in the American, Tennessee, and Memphis Bar Associations, serving in vital leadership roles in key committees. She currently serves as Secretary of the 430,000 member American Bar Association.
Judge Donald has served as faculty for numerous international programs, including Romania, Turkey, Brazil, and Russia. Judge Donald lectured in various Republics of the former Soviet Union, including Kazakhstan, Kyrgystan, Kazan, Moscow, and Kransnador. In 2003, Judge Donald led a People to People delegation to Johannesburg, and Capetown, South Africa. In June 2003, Judge Donald traveled to Zimbabwe to monitor the trial of a judge accused of judicial misconduct.
Judge Donald has served as President of the National Association of Women Judges and the Association of Women Attorneys. She has chaired the Memphis Diversity Institute and the Commission on Opportunities for Minorities in the legal profession. She currently works with Leadership Memphis to provide leadership training for Memphis Housing Authority residents. And in June 2003, Judge Donald co-founded 4-Life, and skills training and enrichment program for students 6 – 15 designed to teach children to become positive productive citizens. Judge Donald is a member of ZETA PHI BETA Sorority.
Judge Donald has been the recipient of over 100 awards for professional, civic, and community activities, including the 2022 Sandra Day O’Connor award from The National Judicial College, Distinguished Alumni Award from the University of Memphis, The Lifetime Achievement Award and the Presidential Award from the National Bar Association, the Martin Luther King Community Service Award, and the Benjamin Hooks Award presented by the Memphis Bar Foundation. In 2020, the American Bar Association created “The Judge Bernice B. Donald Diversity, Equity, and Inclusion Award.
Judicial Service
Sept. 2011 –Jan. 2023:
Circuit Judge, United States Court of Appeals for the Sixth Circuit
Jan. 1996 – Sept. 2011:
District Judge, United States District Court for the Western District of Tennessee
Jun. 1988 – Jan. 1996:
Judge, United States Bankruptcy Court for the Western District of Tennessee
1982 – 1988:
Judge, Division IX, General Sessions Criminal Court for Shelby County, Memphis, Tennessee
Other Professional Experience
1985 – 1988:
Adjunct Professor, University of Memphis, Cecil C. Humphreys School of Law
1980 – 1984:
Adjunct Professor, Shelby State Community College
1981-1982:
Assistant Shelby County Public Defender; Office of the Shelby County Public Defender
1980-1981:
Attorney, Memphis Area Legal Services
1979-1980:
Attorney, The Law Office of Bernice B. Donald; General Civil and Criminal Practice
Organizations & Associations
2023 – Present:
Education Chair, National Bar Association Judicial Council
2023 – Present:
Mediator & Arbitrator, National Commercial Panel, Resolute Systems, LLC
2023 – Present:
Arbitrator, American Arbitration Association
2023 – Present:
Member, Academy of Court-Appointed Neutrals
2020 – Present:
Board Member, Judicature, Bolch Judicial Institute, Duke Law School
2020 – 2023:
Board Member of Appellate Judges Education Institute
2011 – 2015:
Judicial Conference Committee on the Judicial Branch
1996 – 2002, 2019 – Present:
Judicial Conference Advisory Committee on Bankruptcy Rules
1993 – Present:
National Association of Women Judges
- President, 1990 – 1991
- President-Elect, 1989 – 1990
- Vice President, 1988 – 1989
- Secretary, 1987 – 1988
- Treasurer, 1986 – 1987
- Nominating Committee, 1985, 2010 – 2015
- District Director for Tennessee, Alabama, Mississippi, and Louisiana, 1983 – 1985
1989 – Present:
American Bar Association
- Secretary-Elect, 2007-2008; Secretary, 2008 – 2011
- First African American woman to serve as an officer of the American Bar Association.
- House of Delegates, 1993 – 1995, 1999 – 2002, 2007 – 2018
- ABA Board of Governors, 1999 – 2002, 2007 – 2011
- Liaison, Law Library of Congress, 1999 – 2002
- Liaison, Africa Legal Technical Assistance Project, 2000 – 2002
- Liaison, Labor and Employment Law Section, 1999 – 2002
- Chair, Strategic Planning Committee, 2001 – 2002
- Executive Committee, 2001 – 2002
- Africa Law Initiative, 2013 – 2014
- Board of Directors, ABA Museum of Law, 2003 – 2006
- ABA/UNDP Legal Resources Unit Advisory Committee, 2000 – 2007
- ABA, UNDP Advisory Committee, 1999 – 2007
- Chair, Program & Planning Committee, 2001 – 2002
- Chair, Access to Justice Summit, 2002
- Advisory Committee, Central & Eastern European Law Initiative (CEELI), 1999 – 2001
- ABA Legal Opportunity Scholarship Committee, 1999 – 2002, 2008-2009
- Dues Cycle Committee, 2001 – 2002
- SCOPE Committee, 2001 – 2002
- Standing Committee on Membership, 1997 – 1999
- Standing Committee on Strategic Communications, 1997 – 1999
- Past Chair, Commission on Opportunities for Minorities in the Profession, 1994 – 1997
- Commission on College & University Legal Studies, 1994
- Standing Committee on Gavel Awards, 1989 – 1995
ABA Section Memberships & Activities
- Chair, Bench Bar Conference, 2002
- Organized and chaired the most successful conference in the history of the Memphis Bar Association.
- Section of Litigation, 2002 – Present
- Public Perceptions Task Force, 2002 – Present
- Council Member, 2003 – 2006
- Diversity Committee
- Co-Chair, Resource Committee, 2006 – 2009
- Section Delegate, House of Delegates, 2010-2018
- Co-Chair, Implicit Bias Task Force, 2013
- Criminal Justice Section
- Chair, 2015 – 2016
- Chair-Elect, 2014 – 2015
- Vice Chair, 2014 – 2015
- Co-Chair, Implicit Bias Initiative, 2016 – Present
- Strategic Planning Committee, 2016-2021
- Center for Human Rights
- Chair, 2016-2019
- Chair, Dignity Rights Project, 2019-Present
- Labor & Employment Law Section
- Federal Law Clerk Training Committee, 2004 – 2012
- Diversity, Equity, and Inclusion Award, 2020
- Section of Civil Rights & Social Justice
- Tort, Trial & Insurance Practice Section
- Presenter, Leadership Academy, 2012
- Lifetime Liberty Achievement Award, 2020
- Judicial Division
ABA Judicial Administration Division Committees
- Past Chair, JAD Task Force on Opportunities for Minorities in the Judiciary, 1993 – 1994
- National Conference of Special Court Judges
- Chair, 1993 – 1994
- Chair-Elect, 1992-1993
- Secretary, 1991-1992
- Chair, Committee on Excellence in Legal Education
- Coordinating & Planning Committee, 1992 – 1993
- Budget Committee, 1992 – 1993
- Continuing Judicial Education Committee, 1992 – 1993
- Program & Annual Meeting Committee, 1992 – 1993
- Long Range Planning Committee, 1991 – 1994
- Literacy & the Courts Committee, 1990 – 1993
- Chair, Occupational Stress in the Judiciary Planning Conference, 1989 – 1992
- Vice Chair, Bankruptcy Committee, General Practice Section, 1988, 1989, 1990
- Chair, Media Relations & Fair Trial, 1988 – 1989
- Chair, Courts & Communities Committee & Law Related Education, 1985
- Conference Delegate, ABA National Conference of Special Court Judges, 1984 – 1989
- District Representative, District 5 (Kentucky, Tennessee, Alabama, and Mississippi)
- President, American Bar Foundation, 2012 – 2014; Board of Directors, 2003 – 2011.
2013 – 2014:
American Bar Endowment
- Liaison, Board of Directors
2014:
American Judicature Society
- Board of Directors
- Membership Committee
2003-2014:
American Bar Foundation
- President, 2012-2014
- Board of Directors, 2003-2011
1990 – Present:
National Bar Association
- Program Chair, Judicial Council, 2011 – 2018; 2019 – 2021
National Conference of Bankruptcy Judges
- NAWJ Liaison Committee, 1994 – 1996
- Board of Directors, 1993 – 1996
- ABA Liaison Committee, 1993 – 1996
- Election Committee, 1991, 1994
National Conference of Women’s Bar Associations
- Board of Directors, 1988 – 1990
Service to the Legal Profession
- President, American Bar Foundation, 2012 – 2014
- Fellow, American Bar Foundation
- American Trial Lawyers Association
- Fellow, Memphis & Shelby County Bar Foundation
Civic Boards
- Treasurer, Tennessee Women Forum, 1995
- Memphis Race Relations & Diversity Institute, 1994 – 1999
- University of Memphis Alumni Board, 1994 – 2008
- Board of Directors, Memphis in May 1994 – 1997
- Leadership Memphis, Inc., 1993 – 1996
- Board of Directors, Memphis Brooks Museum of Art, 1992 – 1994
- Board of Directors, Midtown Mental Health, 1990 – 1992, 1994 – 1996
- President, Memphis Street Law, Inc., 1985 – 1986
- Girls Club of Memphis
State & Local Professional Organizations
- Tennessee Bar Association
- Memphis Bar Association
- Co-Chair, Courts Committee
- Director, 1993
- 1990 Bench Bar Conference Judiciary Practice and Procedures Committee
- Former Secretary, National Bar Association, Ben F. Jones Chapter, Memphis, Tennessee
- Association of Women Attorneys, 1980 – Present
- President, 1991
- President-Elect, 1990
- Chair, General Sessions Judges Conference on Education, 1987
Civic & Community Groups
- Zeta Phi Beta Sorority, Alpha Eta Zeta Chapter
- Chair, African American Involvement Committee
- Business & Professional Women Clubs
International Teaching Experience
- 2020:
- USPTO & ASEAN Virtual Roundtable Series for the Judiciary on Intellectual Property Issues and Case Management: IP and the Courts in the Fourth Industrial Revolution and Beyond: Some Observations
- 2019:
- Tivat, Montenegro: CLDP Workshop on Enforcement of International Sales
- Zagreb, Croatia: U.S.-Croatia Judicial Workshop on Case Management
- 2018:
- Batumi, Georgia: Adjudication of Trademark Cases in the E.U. & the U.S.
- Nay Pyi Taw, Myanmar: Judicial Models for Handling IP Cases
- Baku, Azerbaiijan: Workshop on Intellectual Property Adjudication
- 2017:
- Batumi, Georgia: Workshop on Adjudication of Civil Intellectual Property Infringement Cases
- Bangkok, Thailand: Colloquium for the Judiciary on Management of Civil and Criminal IP Appellate Cases
- 2016:
- Kuala Lumpur, Malaysia: IP Case Management: Criminal Prosecutions and Sentencing
- 2015:
- Lima, Peru: Legal & Procedural Framework for Intellectual Property Rights Enforcement in Peru – The Peruvian Perspective
- London, United Kingdom: Monitorships in the International Arena
- Edinburgh, Scotland: Combating Modern Day Slavery
- Mexico City, Mexico: Perspectives from the Bench – Intellectual Property Cases in the Digital Environment
- San Jose, Costa Rica: Perspectives from the Bench: The Role of the Judge in Evaluating Evidence in Intellectual Property Cases
- London, United Kingdom: The Magna Carta: “What if . . . . ?” Counter-Factual Perspectives on U.S. Legal History
- 2014:
- Montego Bay, Jamaica: Regional Workshop on the Effective Protection and Enforcement of Intellectual Property in the Caribbean
- Yerevan, Armenia: Workshop on Adjudication of Intellectual Property Infringement Cases
- 2013:
- Islamabad and Karachi, Pakistan: Fundamentals of Intellectual Property
- Mexico City, Mexico: Workshop for the Judiciary on Digital Piracy and Copyright Enforcement
- Tbilisi, Georgia: Workshop on Adjudication of Intellectual Property Infringement Cases
- Bishkek, Kyrgystan: Workshop on Adjudication of Intellectual Property Infringement Cases
- Bangkok, Thailand: Judicial Program on Adjudication of Intellectual Property Infringement Cases
- 2010:
- Dar es Salaam, Tanzania: Intellectual Property Rights Enforcement
- Park City, Utah: Intellectual Property Rights Enforcement
- 2009:
- Cape Town, South Africa: Regional Intellectual Property Enforcement: The Border and Beyond
- Windhoek, Namibia: First SACU Judicial Colloquium on the Adjudication of Intellectual Property Cases
- Cairo, Egypt: Colloquium for the Egyptian Economic Courts on Intellectual Property Rights Enforcement
- 2008:
- Dead Sea, Jordan: Intellectual Property Law, Enforcement, and Dispute Resolution for Economic Development
- 2007:
- Hanoi, Vietnam: Seminar for Public Prosecutors and Criminal Court Judges on IPR Enforcement
- 2006:
- Republic of Botswana: Making Intellectual Property Work for Development
- Hanoi, Vietnam: Civil Litigation of Intellectual Property Disputes
- Muscat, Oman: Workshop on the Adjudication of Intellectual Property Rights
- 2002:
- San Paulo, Brazil: Civil & Comparative Rights
- 2000:
- Ankara and Istanbul, Turkey: Violence Against Women’s Act; Domestic Violence; Getting Women Elected to Office
- United States Department of State
- 1999:
- Kazan, Russia: Gender Bias Studies; Creating Gender Bias Task Forces; Role of Justice in Providing Equal Legal Protection for Women; and Overcoming Gender Bias in the Workplace and Society and Educating the Public
- The National Judicial College
- 1998:
- Krasnodar, Russia: Enforcement of Judgments
- The National Judicial College
- Reno, Nevada: Gender Bias Studies
- The National Judicial College & Russian Women’s Leadership
- Memphis, Tennessee, African Judges and Lawyers: Overview of Federal Courts & Creating Gender Bias Task Forces
- USAID
- 1997:
- Almaty, Kazakhstan: Contracts, Money Laundering, & Case Management
- The National Judicial College
- Osh, Kyrgyzstan: Taxes, Custom Issues, & Drug Enforcement
- Almaty, Kazakhstan: Contracts, Money Laundering, & Case Management
- 1996:
- Atlanta, Georgia to Russian Judges: Bankruptcy & Case Management
- National Conference of Bankruptcy Judges
- 1995:
- Moscow, Russia: Bankruptcy & Basic Contract Law
- The National Judicial College
- Memphis, Tennessee, Japanese Lawyers: Bankruptcy
- National Conference of Bankruptcy Judges
- 1994:
- Reno, Nevada, Judges from Moldova & Ukraine
- The National Judicial College
- 1993:
- Bucharest, Romania: Judicial Ethics
- CEELI
- Bucharest, Romania: Judicial Ethics
- Reno, Nevada, Judges from Moldova & Ukraine
- Moscow, Russia: Bankruptcy & Basic Contract Law
- Atlanta, Georgia to Russian Judges: Bankruptcy & Case Management
- Krasnodar, Russia: Enforcement of Judgments
- Kazan, Russia: Gender Bias Studies; Creating Gender Bias Task Forces; Role of Justice in Providing Equal Legal Protection for Women; and Overcoming Gender Bias in the Workplace and Society and Educating the Public
- Ankara and Istanbul, Turkey: Violence Against Women’s Act; Domestic Violence; Getting Women Elected to Office
Honors & Awards
- Sarah Hughes Civil Rights Award, Federal Bar Association (2023)
- Constance Baker Motley Champion of Justice Award, National Bar Assoc (2023)
- Hortense Ward Courageous Leader Award, Center for Women in Law (2023)
- Sandra Day O’Connor Award, The National Judicial College (2022)
- Honorary Chair of the National Bar Association, Judicial Council (2021)
- National Bar Association Lifetime Achievement Award (2021)
- Leadership Memphis Change Maker Award (2021)
- Martin Luther King Luminary Award, City of Memphis (2020)
- Martin Luther King, Jr. Be the Dream Legacy Award (2015)
- John H. Pickering Award, ABA Senior Lawyers Division (2014)
- William J. Brennan, Jr. Award, District of Columbia Bar (2014)
- William H. Hastie Award, National Bar Association (2013)
- Difference Makers Award, ABA Solo, Small Firm & General Practice Division (2013)
- Benjamin F. Hooks Award, Memphis Bar Association (2002)
- The Benjamin F. Hooks Award is given by the Memphis & Shelby County Bar Foundation to a person who has nationally fulfilled the mission of the bar foundation. The mission of the bar foundation is to promote professionalism, legal education, and social justice. The only other recipient of the award is Dr. Benjamin F. Hooks.
- Civil Rights Trailblazer Award, University of Tennessee Civil Rights Symposium (2002)
- The Civil Rights Trailblazer Award is given for outstanding contributions in the area of civil rights.
- Marion Griffin-Frances Loring Award, Association for Women Attorneys
- The Marion Griffin-Frances Loring Award is given for outstanding contributions in the area of women’s rights.
- Hero in the Law Award, Memphis Bar Association (2001)
- Judge of the Year, Memphis Bar Association, Criminal Law Section
- The Judge Bernice B. Donald Scholarship, University of Memphis
- The Zeta Phi Beta Sorority established this scholarship and awards it to up to four students each year.
- Pioneer Award, Fellow Classmates East Side High (2013)
- Legends Award Honoree, Tennessee Bar Association (2012)
- Spirit of Excellence Award, American Bar Association, (2011)
- Authur S. Holmon Lifetime Achievement Award, University of Memphis Black Student Union (2011)
- Liberty Achievement Award, American Bar Association (2008)
- Presidential Award, National Bar Association (1996)
- Ten Outstanding Young Tennesseans, Memphis Jaycees (1990)
- Distinguished Alumni Award, Memphis State University (1990)
- America’s Best & Brightest, Dollars and Sense Magazine (1988)
- Community Services Award: Youth, National Conference of Christians and Jews (1986)
- Citizen of the Year, Excelsior Chapter of Eastern Star
- Martin Luther King Community Service Award
- Woman of the Year, Pentecostal Temple Church of God in Christ
- Young Careerist Award State of Tennessee, Raleigh Bureau of Professional Women, Raleigh Chapter
- Who’s Who Among Memphians, Memphis Magazine
- “She Knows Where She’s Going,” Girls Club of Memphis
- Herman Sweatt Award, National Bar Association
Historical Achievements
- Appointed First African American Female Judge for the Sixth Circuit Court of Appeals
- Appointed First African American Female District Court Judge in the history of the state of Tennessee
- Appointed First African American Female Bankruptcy Judge in the United States
- Elected First African American Female Judge in the history of the State of Tennessee
Education
- Duke University School of Law
- LLM, 2018
- Suffolk University
- Honorary Doctors in Law
- University of Memphis, Cecil C. Humphreys School of Law
- Juris Doctor, 1979
- University of Memphis
- Bachelor of Arts, 1974
ADR Training
Tennessee Supreme Court Rule 31 General Civil Mediator, 2023.
American Arbitration Association, Arbitration Training and Award Writing, May, 2023
National Judicial College, Civil Mediation 40-Hour training course, May, 2021