Former White House Lawyer Returns to Hobart and William Smith Colleges for Second Presidency

While it is common for college and university lawyer presidents to have government law experience (see, May it Please the Campus: Lawyers Leading Higher Education), it is unusual for a president to leave office and then be brought back years later to re-assume the campus leadership role. That is precisely what happened in July 2022 when Mark Gearan rejoined Hobart and William Smith Colleges (New York) as the 30th President of Hobart and the 19th President of William Smith College. Gearan had been president of Hobart and William Smith Colleges for 18 years from 1999-2017. He left to become the director of the Institute of Politics at the Harvard Kennedy School. E. Gordon Gee, who held 7 presidencies at 5 institutions, is another lawyer president who did the same thing in terms of returning to once again lead a campus (at Ohio State and at the University of West Virginia).

Immediately prior to joining Hobart and William Smith Colleges in 1999, Gearan served as Director of the Peace Corps, having been appointed to that post by President Bill Clinton in 1995. During his successful tenure at the Peace Corps where he was credited with igniting more interest in the volunteer service and grew the Corps from 6,700 volunteers to 10,000 volunteers, and with improving management operations and strengthening the agencies ties to thousands of former volunteers. Prior to the Peace Corps, Gearan held a variety of positions in government including White House Communications Director and White House Deputy Chief of Staff for President Clinton. Gearan is a veteran of the political campaign trail serving as the Vice President campaign maanger for the 1992 Clinton/Gore campaign and as Headquarters Press Secretary for Michael Dukakis’s 1988 presidential campaign. Gearan worked on the Hill as Chief of Staff for Representative Berkley Bell of Iowa, and he was an intern for Congressman Robert Drinan, S.J. President Gearan also served as executive director of the Democratic Governors Association between 1989 and 1992.

His official biography at Hobart and William Smith Colleges goes on to state, “Gearan is known nationally for his work in higher education and national service, and recently served as Vice Chair of the National Commission on Military, National and Public Service created by the U.S. Congress. He is a past chair of the Board of Directors of both National Campus Compact and the Corporation for National and Community Service.” It should be no surprise that in 2014 when former New York Governor Andrew Cuomo was looking for someone to lead the gaming commission to help select casino sites, he called upon Mark Gearan.

Many former government lawyers are selected for campus presidencies precisely for the skill set they have built while working in government and perhaps for the network they can call upon to support the campus. For example, government lawyers have experience in expecting the unexpected – waking up to the morning news and having to go to work to address the headlines of the days while still managing routine tasks. Government lawyers help to frame messaging typically designed to be transparent and to instill a sense of public confidence in the system and response. Government lawyers operate comfortably within the complexities of a legal and regulatory environment to problem-solve and to advance agendas. Working within a team structure, communication, negotiation, and the art of the compromise are also key government lawyer experiences and skills. Further, understanding how government works, where to look to for public support for campus capital and operating expenses, as well as potential legal reforms to help advance campus initiatives are all valuable tools for an institutional leader to possess. Higher education depends on effective Town-Gown relationships.

It is worth noting that Mark Gearan is not the first lawyer to be appointed as president at Hobart and William Smith Colleges. In 1982 Carroll Brewster was appointed president and he served until 1991.

Mark Gearan earned his JD from Georgetown University Law Center.

In a Government Town, It Should be No Surprise that Lawyers are Turned to for Campus Leadership

Thinking about the Capital Region of New York State, many of the colleges and universities have turned to lawyers as their choice to lead the campus. For example, long-serving former Union College President Roger Hull (1990-2005) earned his LLB from Yale Law School, and an LLM and SJD from the University of Virginia; former Skidmore College President Jamienne S. Studley (1999 – 2003) earned a JD from Harvard Law School; James Barba, former President of Albany Medical Center and College (1995-2020) earned his JD from Notre Dame Law School; George M. Philip who was first appointed as interim and then President of the University at Albany in 2007 (until 2011) earned a JD from Western New England School of Law; (the first lawyer President at the University at Albany was H. Patrick Swygert who served from 1990-1995, earned his JD from Howard Law School); Excelsior College appointed their acting president James Baldwin as President in 2016 (where he served until 2020) and he earned his JD from Albany Law School; and Carrianna C. Eurillo who was he campus president of Mildred Elley Albany (2012-2014) earned her JD from Albany Law School.

Five of the seven presidents had prior government experience. The remaining two with no government experience had worked in the Capital Region. Three of the former presidents worked in higher education prior to their appointments, and three had previously served on college boards of trustees.

When Roger Hull was appointed as the 17th President of Union College, he brought experience in higher education first as Vice President for Development and Planning and Adjunct Professor of Law at Syracuse University and then as President of Beloit College (1981- 1990). He had also practiced law in both the public and private sectors. However, when he was a 27-year old attorney with White and Case in New York, having graduated from Yale Law School, he was appointed by Governor Holton to the Board of Visitors at William & Mary in 1970 (the youngest member of the board). In a 1976 interview, Roger Hull had disclosed that he desired to pursue a career in higher education and that led to his decision to continue his education beyond the LLB and enroll at the University of Virginia. He commuted to school from Charlottesville where he served as the Governor’s lawyer. During the interview, Hull also talked about the experience serving on the Board of Visitors right after Cambodia and Kent State. Hull also worked for the federal government in the State Department.

Jamienne Studley was appointed as the 6th President of Skidmore College in 1999, and the first women to hold that role. A graduate of Harvard Law School, Studley had previously served as acting general counsel to the U.S. Department of Education, and she was an associate Dean at Yale Law School. The announcement of her appointment praised her as bringing, “…a dedication to liberal arts, combined with broad experience and a command of the issues we face today in higher education.” Among the positions in education Studley has maintained following her tenure at Skidmore have been: Chair of NACIQI (USDOE), Deputy Undersecretary at the USDOE, a consultant to the Aspen Institute as an advisor to their project on the future of the college presidency, and currently as President of WASC Senior College and University Commission.

James Barba was president of Albany Medical Center and College from 1995-2020. Prior to that he had served as Chairman of the Board of Directors of Albany Medical Center. Before to joining Albany Medical Center, Barba was in private practice with Hiscock & Barclay in Albany. The longest serving President of AMC, Barba graduated from Siena College and earned his JD from Notre Dame Law School.

After earning his JD at Howard University School of Law, H. Patrick Swygert worked in Washington, DC for Rep. Charles Rangel. He joined Temple University Law School where he taught and served as acting dean before leaving to work as Counsel to the U.S. Civil Service Commission. Two years later he returned to Temple University as special counsel to the President and as a law professor where he was also vice president for university administration and executive vice president. He was appointed as President of the University at Albany in 1990, leaving in 1995 to become the 15th President of Howard University. Swygert knew in high school he was going to be a lawyer. Swygert clerked for Chief Judge William H. Hastie of the US Court of Appeals for the Third Circuit, and he also served as a special assistant district attorney. He also worked as an associate at Debevoise, Plimpton, Lyons & Gates in New York City. George M. Philip, the second lawyer president at UAlbany, assumed the role in 2009 after having served as interim president since 2007. Prior to his appointment, Philip was the executive director of the New York State Teachers’ Retirement System. He also served as Chair of the University at Albany Council. SUNY interim chancellor Dr. John B. Clark noted at the time Philip was appointed as interim president that they expected, “…George will build on his outstanding record of public service…” and at the time it was announced he would not be a candidate for the permanent position.

James Baldwin was first appointed acting president, and then later as the 3rd President of Excelsior College. Prior to that he was executive vice president of the College. Prior to joining Excelsior College, Baldwin worked in State government as Executive Deputy Secretary of State, and as chief of staff and acting deputy commissioner for higher education in the New York State Education Department. Baldwin also was the CEO and district superintendent for Questar III BOCES.

Carrianna C. Eurillo was appointed the Campus President of Mildred Elley in 2012. The school, owned by the Empire Education Corporation, is where Eurillo had previously served as the Director of Paralegal Studies. After being appointed campus president, in 2014 she became the Regional Director of Operations. Prior to joining Empire Education Corporation, Eurillo was in private practice, which she continued to do throughout her tenure, focusing on trusts and estates. She has returned to the full-time practice of law at Coughlin & Gerhart LLP.

At the Age of 30, Ellen Futter, Esq. Became President of Barnard College and Youngest College Pres.

In 1981, Wall Street lawyer Ellen Futter took a leave from Milbank, Tweed, Hadley & McCloy where she practiced corporate law, to become the acting president of Barnard College for a year, after which she was appointed to the role on a permanent basis where she served for 13 years (until 1993). At the time of her appointment, she was the youngest appointee to a campus presidency of any major American college…actually two months shy of her 30th birthday.

President Futter got a glimpse of college governance in 1971 as served as the student representative to the Barnard Board of Trustees. In 1972 she was elected to full membership as an alumna on the Board to complete the term of the Hon. Arthur Goldberg, former Associate Justice of the U.S. Supreme Court, and she was re-elected in 1975.

Her appointment was met with surprise, not only because the faculty learned about it from the New York Times, but also because the four previous presidents of Barnard had been academics with extensive higher education administrative and/or teaching experience, neither of which Futter possessed. As was explained, the Trustees needed someone they could rely on quickly at the time as the faculty had been split over the firing of President Mattfeld and the Board lacked confidence in senior faculty members at the time. As discussed in May it Please the Campus: Lawyers Leading Higher Education, there is a growing number of members of campus boards of trustees who are being appointed as college and university presidents (most often of the campus there are serving as a board member) precisely because of both the detailed knowledge they possess about the business and operations of the campus, and because they are known to the board and therefore there is a level of confidence and trust not easily given to an outsider during the search process.

During Futter’s tenure, she worked with then Columbia University President Michael Sovern (one of her former law professors), who was also a lawyer, on the issue of co-education, and as a result, Columbia agreed to admit women in 1983 and they created the Columbia-Barnard Consortium enabling, among other things, Barnard athletes to compete in the NCAA Division I and the Ivy League, and Barnard to preserve its independence. It was in fact this idea of a merger between the two schools that derailed President Mattfeld’s tenure.

According to the Barnard College Leadership webpage, among her other accomplishments, “She launched a major fundraising campaign, accepted the recommendation of a faculty committee on a maternity- and parental-leave policy in 1985, and in a most daring decision, embarked on the construction of a new dormitory — Centennial Hall at its opening in 1988, renamed Sulzberger Hall in 1991 — for which Barnard did not yet have the funds. Among her accomplishments was the launch of a sweeping curricular review that led to the creation of the First-Year Seminar Program and greater attention to quantitative reasoning. She was a provocateur for change, advancing the institution while staying true to its history and its mission.”

President Futter resigned to become president of the American Museum of Natural History, a position she held for 30 years until 2022.

Ellen Futter is a graduate of Columbia Law School.