New Developments in Employment Law

Volume 78 N No. 2 N January 13, 2007

Meet 2007 OBA President STEPHEN BEAM

ALSO INSIDE • New Developments in Employment Law • The Oklahoma City Federal Courthouse: An Architectural Icon • New Year’s Decisions to Help Maintain Work/Life Balance Calendar of Events OBA CLE February Video Fair

All videos will be at the Oklahoma Bar Center (1901 N. Lincoln Blvd., Oklahoma City)

Feb. 8 Feb. 14 2006 Recent Developments Day 1 2006 Recent Developments Day 1 (Video Replay) (Video Replay) 6 hrs. of MCLE credit, including 0 hrs. of ethics 6 hrs. of MCLE credit, including 0 hrs. of ethics Registration 8:30 a.m. Registration 8:30 a.m.

Feb. 9 Feb. 15 2006 Recent Developments Day 2 2006 Recent Developments Day 2 (Video Replay) (Video Replay) 6 hrs. of MCLE credit, including 1 hr. of ethics 6 hrs. of MCLE credit, including 1 hr. of ethics Registration 8:30 a.m. Registration 8:30 a.m.

Feb. 13 2006 Ethics Cabaret (Video Replay) 2 hrs. of MCLE credit, including 2 hrs. of ethics Registration for morning program 8:30 a.m. Registration for afternoon program 12:30 p.m. You may register online at www.okbar.org or by calling (405) 416-7006 Expand Your Horizon Expand Your Horizon

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Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 97 98 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 DEPARTMENTS THEME 100 FROM THE PRESIDENT MEET YOUR BAR ASSOCIATION 161 FROM THE EXECUTIVE DIRECTOR COVER PHOTO: NIGHT VIEW OF THE 163 LAW PRACTICE TIPS OKLAHOMA BAR CENTER’S 166 ETHICS/PROFESSIONAL RESPONSIBILITY REMODELED FRONT ENTRANCE 167 OBA BOARD OF GOVERNORS ACTIONS PHOTOGRAPHER: LORI RASMUSSEN 171 OKLAHOMA BAR FOUNDATION NEWS

174 ACCESS TO JUSTICE

176 YOUNG LAWYERS DIVISION contents 177 CALENDAR Jan. 13, 2007 • Vol. 78 • No. 2 179 FOR YOUR INFORMATION

181 BENCH AND BAR BRIEFS

186 IN MEMORIAM

162 EDITORIAL CALENDAR

192 THE BACK PAGE

pg. 103 THE BEAMS pg. 133 PLUS 133 OBA LAUNCHES FASTCASE BENEFIT

137 SAINT V. DATA EXCHANGE: ASEA FEATURES CHANGE OR BUSINESS AS USUAL FOR THE PUBLIC POLICY TORT 103 OBA PRESIDENT STEPHEN BEAM EXCEPTION TO EMPLOYMENT 107 OBA OFFICERS AND AT-WILL? BOARD OF GOVERNORS 140 SAINT V. DATA EXCHANGE INC.: 116 SUPREME COURT CHIEF JUSTICE DISCRIMINATION CLAIMS RETURN TO STATE COURT 117 COURT OF CRIMINAL APPEALS PRESIDING JUDGE 151 ARCHITECTURAL ICON: THE OKLAHOMA WESTERN DISTRICT’S 118 OBA DEPARTMENTS AND THE MEMBER FEDERAL COUTHOUSE SERVICES THEY PROVIDE 159 RESOLVE TO DECIDE 127 OBA MEMBERSHIP BENEFITS

132 OBA WEB SITES: WHAT INFORMATION DO OBA MEMBERSHIP BENEFITS THEY PROVIDE? pg. 127

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 99 FROM THE PRESIDENT

We Have A Problem By Stephen Beam

I just got back to Weatherford from a trip to Shreve- Since the service is anonymous, the port with two 1 year olds, an 8 year old and a 21 year old. I was reports we get are limited. However, I fixin’ to work on my first president’s page. I was can tell you that the service is being recently told by someone that fixin’must be a Weatherfordism. used by Oklahoma lawyers and is an For those of you who don’t live out west, fixin’ means getting overwhelming success. From all indica- ready to. To get started, I reviewed what the last few presidents tions, this service has saved at least one had written about their first month in office. The last four lawyer life so far and has helped many presidents all wrote about what they intended to accomplish in other lawyers dealing with various their years. problems. Bill Grimm wrote about professionalism, pub- Lawyers Helping lic service and involvement in your community. Lawyers is an OBA com- Mike Evans wrote about access to justice. Harry We are killing mittee that helps Okla- Woods talked about a tripartite year. Sorry Harry, ourselves at the homa lawyers deal with I still don’t know what that means exactly. Melis- rate of one alcohol or substance sa DeLacerda wrote about the new bar journal. abuse problems. It can All were upbeat and positive. I started to do the lawyer per and should help provide same type of article. I do have lots of ideas and month. additional resources in projects I want to accomplish this year. So many the mental health area. in fact that at the end of this year, Public However, illness and Information Director Carol Manning’s hair may death have caused this look like Don King’s — if she has any left. group to suffer the loss of some dynamic leaders. I decided I want to talk about something else. We are killing ourselves at the rate of one lawyer per month. The lawyer One of the most important appoint- population is approximately the same as the population of Ada ments I had this year was the Lawyers or Chickasha. If Ada or Chickasha experienced one suicide Helping Lawyers Committee chair. per month, it would make the national news. This is definitely While I was getting my shoes shined at a serious problem. the Oklahoma County Courthouse, I was thinking about who I could get to Executive Director John Morris Williams was the first person head this committee, which has always to point this problem out to me. We talked about been important but even more impor- providing, as a member service, some counseling to help tant in this time of crisis. Tom Riesen deal with this problem. I asked one of our local Custer walked by and told me he wanted to County judges what she thought about this, and I asked get involved with Lawyers Helping if she saw a need for it. She told me she saw at least one Lawyers. Tom has graciously agreed to lawyer per quarter who could use this service. That was serve as chair of this committee. all I needed to hear. Lawyers Helping Lawyers has a The Board of Governors implemented the program foundation. I didn’t know that until and began offering up to six hours of crisis intervention recently. This foundation can serve as counseling for attorneys experiencing emotional or the funding source for enhanced men- stress-related issues. This program is provided at no cost tal health programs. I have made the to OBA members. Lawyers using this service remain commitment to help raise funds for this completely anonymous. OBA members may call Life important project. I am going to be Focus Counseling Services directly at (405) 840-5225 or calling on each of you this year to make toll-free (866) 726-5252. Services are available 24 hours a a donation to the Lawyers Helping President Beam day. OBA members can be referred to a counselor in their Lawyers Foundation. I know I can practices in area of the state, if they wish. Weatherford. count on your help. Another Oklahoma [email protected] lawyer’s life may depend on it. (580) 772-2900

100 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 OFFICERS & BOARD OF GOVERNORS Stephen D. Beam, President, Weatherford EVENTS CALENDAR J. William Conger, President-Elect, Oklahoma City Jack S. Dawson, Vice President, Oklahoma City William R. Grimm, Immediate Past President, Tulsa JANUARY Julie E. Bates, Oklahoma City JANUARY Dietmar K. Caudle, Lawton Cathy M. Christensen, Oklahoma City 15 Martin Luther King Jr. Day (State Holiday) Donna L. Dirickson, Weatherford Robert S. Farris, Tulsa 16 Death Oral Argument, Elwood Jackson v. State – D-2004- Brian T. Hermanson, Ponca City 1173; 10 a.m.; Court of Criminal Appeals Courtroom Michael W. Hogan, McAlester OBA Technology Committee Meeting; 12 p.m.; Oklahoma R. Victor Kennemer III, Wewoka Deborah A. Reheard, Eufaula Bar Center, Oklahoma City and Tulsa County Bar Center, Robert B. Sartin, Tulsa Tulsa; Contact: John Brewer (405) 606-8424 Alan Souter, Bristow 17 Ginsburg Inn of Court; 5 p.m.; Oklahoma Bar Center, Okla- Peggy Stockwell, Norman Christopher L. Camp, Tulsa, Chairperson, homa City; Contact: Julie Bates (405) 691-5080 OBA/Young Lawyers Division 18 OBA Work/Life Balance Committee Meeting; 12 p.m.; BAR CENTER STAFF Oklahoma Bar Center, Oklahoma City; Contact: Melanie John Morris Williams, Executive Director; Jester (405) 609-5280 Dan Murdock, General Counsel; Donita Bourns Douglas, Director of Educational Programs; OBA Bench and Bar Committee Meeting; 2 p.m.; Carol A. Manning, Director of Public Information; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Craig D. Combs, Director of Administration; Center, Tulsa; Contact: Jack Brown (918) 581-8211 Gina L. Hendryx, Ethics Counsel; Jim Calloway, Director of Management Assistance Program; Rick 19 OBA Board of Governors Swearing In; 10 a.m.; Supreme Loomis, Director of Information Systems; Beverly S. Court Courtroom, State Capitol; Contact: John Morris Petry, Administrator MCLE Commission; Jane Williams (405) 416-7000 McConnell, Coordinator Law-related Education; Janis OBA Board of Governors Meeting; Oklahoma Bar Center, Hubbard, First Assistant General Counsel; Loraine Oklahoma City; Contact: John Morris Williams Dillinder Farabow, Janna D. Hall, Mike Speegle, Assistant General Counsel; Robert D. Hanks, Senior (405) 416-7000 Investigator; Sharon Orth, Ray Page and Dorothy OBA Member Services Committee Meeting; 3 p.m.; Walos, Investigators Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Nina Anderson, Manni Arzola, Jenn Barrett, Center, Tulsa; Contact: Debra Charles (405) 286-6836 Melissa Brown, Brenda Card, Sharon Dotson, 20 OBA/YLD Board of Directors Meeting; Oklahoma Bar Johnny Marie Floyd, Matt Gayle, Susan Hall, Suzi Hendrix, Misty Hill, Durrel Lattimore, Heidi Center, Oklahoma City; Contact: Chris Camp McComb, Jeanne Minson, Wanda Reece-Murray, (918) 588-1313 Sandy Neal, Tim Priebe, Lori Rasmussen, Tracy 22 OBA Alternative Dispute Resolution Section Meeting; Sanders, Mark Schneidewent, Dana Shelburne, Laura Willis & Roberta Yarbrough 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Barry Davis EDITORIAL BOARD (405) 607-8757 Editor in Chief, John Morris Williams News & Layout Editor, Carol A. Manning Editor, Melissa DeLacerda, Stillwater Associate Editors: Steve Barnes, Poteau; Martha Rupp Carter, Tulsa; Mark Curnutte, Vinita; Luke Gaither, Henryetta; D. Renee Hildebrant, Oklahoma City; John Munkacsy, Lawton; Julia For more events go to www.okbar.org/news/calendar.htm Rieman, Enid; James Stuart, Shawnee and Judge Lori M. Walkley, Norman The Oklahoma Bar Association’s official Web site: www.okbar.org NOTICE of change of address (which must be in writing and signed by the OBA member), undeliv- THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar erable copies, orders for subscriptions or ads, news Association. All rights reserved. Copyright© 2007 Oklahoma Bar Association. The design of the scales and the “Oklahoma Bar Association” encircling the stories, articles and all mail items should be sent to scales are trademarks of the Oklahoma Bar Association. Legal articles carried the Oklahoma Bar Association, P.O. Box 53036, in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED FOUR TIMES A Oklahoma Bar Association (405) 416-7000 MONTH IN JANUARY, THREE TIMES A MONTH IN FEBRUARY, MARCH, APRIL, Toll Free (800) 522-8065 FAX (405) 416-7001 MAY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER AND DECEMBER AND Continuing Legal Education (405) 416-7006 BIMONTHLY IN JUNE AND JULY EFFECTIVE JAN. 1, 2003. BY THE OKLAHOMA BAR Ethics Counsel (405) 416-7083 ASSOCIATION, 1901 N. LINCOLN BOULEVARD, OKLAHOMA CITY, OKLAHOMA General Counsel (405) 416-7007 73105. PERIODICALS POSTAGE PAID AT OKLAHOMA CITY, OK. POSTMASTER: Law-related Education (405) 416-7005 SEND ADDRESS CHANGES TO THE OKLAHOMA BAR ASSOCIATION, P.O. BOX Lawyers Helping Lawyers (800) 364-7886 53036, OKLAHOMA CITY, OK 73152-3036. SUBSCRIPTIONS ARE $55 PER YEAR Mgmt. Assistance Program (405) 416-7008 EXCEPT FOR LAW STUDENTS REGISTERED WITH THE OKLAHOMA BAR ASSOCI- Mandatory CLE (405) 416-7009 ATION, WHO MAY SUBSCRIBE FOR $25. ACTIVE MEMBER SUBSCRIPTIONS ARE INCLUDED AS A PORTION OF ANNUAL DUES. ANY OPINION EXPRESSED HEREIN OBJ & Public Information (405) 416-7004 IS THAT OF THE AUTHOR AND NOT NECESSARILY THAT OF THE OKLAHOMA Board of Bar Examiners (405) 416-7075 BAR ASSOCIATION, OR THE OKLAHOMA BAR JOURNAL BOARD OF EDITORS. Oklahoma Bar Foundation (405) 416-7070

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 101 The OBA 2007 First Family – Bentley, President Stephen Beam holding Witten, Stephen Grant, and Elizabeth holding Hollis.

Elizabeth and Stephen Beam

102 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 MEET YOUR Bar Association Stephen Beam to Lead OBA As Its 2007 President

tephen starts out his life story by saying, “I was not born in a log cabin like Abraham Lincoln and Harry Woods. I was Snot raised in a town where everyone graduates in the top ten of their class like Gary Clark.” He was born and raised on a ranch in west Texas. Pampa to be exact, and later his family moved to eastern Oklahoma, where he started first grade in Adair. EDUCATION not much better. I finally called Joe & LEGAL CAREER McMillin in Weatherford. He said he had my letter and had been intending He majored in history at OSU and to call me. He had been thinking attended the OU College of Law. He about finding a recent law school grad began practicing law in Weatherford to practice with, but he didn’t really after graduating from law school in know how to go about it. I went to 1982. Weatherford and really liked the “While attending law school, it town. Joe and I decided we would seemed as if everyone wanted to Stephen in practice together.” practice with a large law firm or college during FAMILY return to their hometown to practice the late ‘70s. law with a relative or family friend,” Stephen has been married to his he said. “Since I was the first lawyer wife, Elizabeth, since 1995. She grew in my family, I didn’t know any other up in Weatherford and has a full-time lawyers. Since I really didn’t want to job taking care of 8-year-old son, Bent- practice in a large firm in a large city, ley, and 1-year-old boy and girl twins, I had to figure something out.” He Witten and Hollis. Stephen’s oldest got out a state map of Oklahoma and son, Stephen Grant, is 21 years old circled five towns he thought he and is a journalism major at OSU (of might like to live in for different rea- course). sons. He had never been to Weather- Stephen Grant is a member of the Pi ford, but thought he might like the Kappa Alpha fraternity, and his father town because of its size — and it had Stephen’s was a member of Phi Delta Theta. a college. campaign photo “Stephen and I have taken a trip “I wrote a letter to every lawyer in when he first almost every summer to St. Louis to all five towns. Of course, I didn’t get ran for the Board watch the Cardinals play. Now that any responses. I followed my letters of Governors Bentley is eight, he is very excited up with telephone calls, but that was in 1994. about joining us this summer.”

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 103 Stephen at about 18 months holds “Cy,” the Iowa State University mascot. His mother is an ISU graduate.

Stephen as an infant. When asked 1985. He was the about the county bar’s dele- challenges gate to the Annual of being Meeting in 1990, Personal the father 1991, 1996 and 1999. He of twins, Stephen said, “It served on the YMCA is almost overwhelming at Board of Directors for TRIVIA times to be a parent of many years in twins. They are generally Weatherford. very well behaved, and Elizabeth carries the What CD is in your primary responsibility of CD player right now? caring for them.” AC/DC “The Razor’s Edge” His parents are Bob and Vivian Beam, who are Name one thing you will retired and live in never throw away: Edmond. He has one My autographed picture of younger brother, Craig, baseball legend Stan Musial who is a fishing guide in Red Lodge, Mont. What do you consider the most overrated virtue? HOBBIES Acceptance (I must not be very He is a season ticket virtuous because I had to holder for OSU football. Google “Virtues” to see what He attends as many OSU Stephen in grade school. they were.) basketball games and other sporting What is your motto? events as he can, Always be prepared but he admits he hasn’t had much What is your favorite time for hobbies board game? other than bar Trivial Pursuit activities.

What is your favorite COMMUNITY weekend activity? SERVICE Tailgating at an For the Custer OSU football game County Bar Association, he is What subject did you hate a past president when you were in school? and currently English serves on the Finance Commit- tee and has chaired the Social Brother, Craig, and Stephen pose for a Committee since photo with their pet rabbits.

104 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 OBA ACTIVITIES Stephen in Banff, Stephen has been Canada, involved in numerous state for an ABA bar activities during the conference. past decade that have paved the way to his leadership role as president. He said serving as president is the pinnacle of his OBA activities, with his year as cont’d president-elect a close second. Other highlights among his activities are Name one goal you have serving on the Solo and for yourself you have yet to Small Firm Committee accomplish. (chairperson for several To retire before I drop over dead at my desk years), Oklahoma Bar Jour- Not only nal Board of Editors and is Stephen What did you want to be the Professional Responsi- an OSU graduate … when you were a kid? bility Tribunal. He has he is a huge Cowboy fan. A St. Louis Cardinal been involved in the OBA’s Long-Range What song are you embar- Planning Committee, rassed to admit you like? General Practice Section, Toby Keith “Weed with Willie” Disaster Response and What are you most proud Relief Committee, Legal of having accomplished in Ethics and Unautho- your professional career? rized Practice of Law The obvious one is OBA Committee, Audit Com- president, but I also took my mittee, Communications turn, without too much Task Force, Strategic complaining, on the court Finances Task Force, appointments list for many National Mock Trial years. I handled two Task Force, Budget first-degree murder cases when Committee and Mentor- I was a very young lawyer. A ing Committee. He is an book was written about one of Oklahoma Bar Founda- the cases. Neither client got the tion sustaining fellow. death penalty. He is the recipient of two president’s awards What are you proud of Bentley, Stephen and Elizabeth (one for co-chairing a having accomplished in (pregnant with the twins) in front of task force that tripled your personal life? Paul Revere’s house in Boston. Annual Meeting atten- My children are wonderful and dance in one year and better than I deserve. the other for chairing the What do you like best Centennial Task Force), about being a lawyer? plus two Golden Gavel Other lawyers awards. How would you describe (cont’d on next page) your leadership style? I intend to find the best people I can for the various positions and let them do their jobs. Stephen and his son, Bentley.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 105 GOALS FOR 2007 professional association, but bar leaders are always Stephen has plans for Why did you choose your area looking for ways to expand much to be accomplished of practice? services to our members.” In a small town you have to be a during the coming year. He jack-of-all-trades said, “I plan to have a lead- ABA ACTIVITIES ership conference to identi- Highlights of his involve- Favorite Quote: fy and nurture new OBA ment on the national level “If a job is worth doing, leaders. I’ve formed a men- with the American Bar it’s worth doing well.” toring task force to study Association are serving on that long-neglected area Favorite Movie: the General Practitioners and, hopefully, the task “Pulp Fiction” and Solo Division Council, serv- force will establish a men- “Napoleon Dynamite” ing as a GP Solo Section toring program. I have division director for several Favorite Book: asked the Young Lawyers years, chairing the Solo and The last books I read are the Harry Division to implement a Small Firm Committee, Potter books, out loud and 10 Wills for Heroes program chairing the Nominating pages at a time that would provide wills Committee in addition to free of charge to military Favorite Food: Seafood serving on the Long-Range personnel, firefighters and Planning Committee and Sooners or Cowboys? police officers. An Annual Awards Committee. Cowboys of course. I can’t believe Meeting Task Force has you would even ask. been appointed to study My ideal vacation: ways to improve Some where warm, south of the the OBA Annual border — maybe the Meeting. We will Punta Minta Resort in Mexico begin a substantial remodeling of My hero is: Boone Pickens the bar center this Early bird or night owl? year.” He said Depends on the day - could be both one goal has already been My trademark cliché or achieved, and expression is: Carol won’t put it that’s to provide in the bar journal every OBA My worst habit is: Cursing member with free access to legal I wish I could sing like: research through Steven Tyler Fastcase, a What’s on your mouse pad: comprehensive Don’t have one national law library available If I couldn’t be a online. “This is a lawyer I’d be a: terrific member College professor benefit that was Nobody knows I: recommended by Didn’t graduate from high school the Member Services The best advice I could give Committee and a new lawyer is: unanimously Be honest in your dealings approved by the with everyone. Find the best OBA Board of lawyer you can and ask that Directors,” lawyer to be your mentor. Stephen said. “Yes, we are The happy couple on a mandatory their wedding day.

106 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 MEET YOUR Bar Association

OBA Officers and Board of Governors Volunteers Who Guide Your Association

Bill Conger Q Name one goal you have for yourself you President-Elect have yet to accomplish: Improving my golf Oklahoma City game. Q Background: Born and Q What did you want to be when you were a raised in Shreveport, La. In kid? I wanted to be a lawyer since I was 12 1961 at age 16, moved to years old. Bartlesville and graduated Q What song are you embarrassed to admit from Bartlesville College you like? The Notre Dame fight song High School in 1963. Q Education: B.A. history, OU, Bill Grimm 1967; J.D., OU College of Bill Conger Past President Law, 1971 Tulsa Q Background: Missouri born, Q What is in your CD player right now? Sooner bred “Blues Gold” Q Education: OU - B.B.A. ‘70 Q Name one thing you will never throw away: and J.D. ‘73 Elvis Presley CDs Q What CD is in your CD Q What do you consider the most overrated player right now? Carly virtue? Honesty, because it sometimes hurts! Simon Bill Grimm Q What is your motto? “The credit belongs to Q Name one thing you will the man who is actually in the arena, whose never throw away: My first face is covered by dust and sweat and blood watch – Bulova Accutron … who knows, in the end, the triumph of Q What do you consider the most overrated high achievement, and who, at the worst, if virtue? Chastity he fails, at least he fails while doing greatly, so that his place shall never be with those Q What is your motto? Be prepared for life’s cold and timid souls… who knew neither challenges victory nor defeat.” – Theodore Roosevelt. Q What is your favorite board game? Texas Q What is your favorite board game? Scrabble Hold ‘em Q What is your favorite weekend activity? Q What is your favorite weekend activity? Boating at Grand Lake Movies Q What subject did you hate when you were Q What subject did you hate when you were in school? Math in school? Any of the “-ologies”

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 107 Q Name one goal you have for yourself you Julie Bates have yet to accomplish: Golf Governor At Large Oklahoma City Q What did you want to be when you were a kid? Lawyer Q Background: I was born in Q What song are you embarrassed to admit England while my father you like? “I Like the Way You Move.” was in the Air Force. I practice law with my husband and best friend, Marty Pos- Jack Dawson tic. We are blessed with two Vice President wonderful sons, ages 19 and Oklahoma City 16. My parents are Hon. Gloria Bates and John T. Julie Bates Q Background: Born and Bates, and I have a younger raised in western Oklahoma brother and younger sister. - Bethany Q Education: I graduated from Midwest City Q Education: O.U., Southern High School, Texas Christian University Nazarene University, finally (bachelor’s) and the OU College of Law graduated Central State (J.D.). College in 1968, B.S. Q What CD is in your CD player right now? Q What CD is in your CD Jack Dawson “Deutsch Heute” (I’m trying to learn player right now? I don’t German.) think my truck has one. Q Q Name one thing you will never throw away: Name one thing you will never throw away: High school letter jacket. My great-grandmother’s Bible Q Q What do you consider the most overrated What do you consider the most overrated virtue: Moderation virtue? I don’t think any are overrated, but most are underappreciated. Q What is your motto? Our firm’s: Q “Calcitromus gluteas sordes vilis” What is your motto? “Do unto others as you (“We kick butt dirt cheap”) would have them do unto you.” Q Q What is your favorite board game? They What is your favorite board game? It’s not a are all boring. I like Texas Hold ‘em. board game, but I like playing Nintendo Wii baseball with my sons. Q What is your favorite weekend activity? Q Working with horses and cows What is your favorite weekend activity? Anything with my family Q What subject did you hate when you were Q in school? Class work Name one goal you have for yourself you have yet to accomplish: Hitting a home run Q Name one goal you have for yourself you in the bottom of the ninth to win the World have yet to accomplish: Win a ropin’ saddle Series Q What did you want to be when you were a Q What did you want to be when you were a kid? A cowboy kid? Third baseman for the Yankees Q What song are you embarrassed to admit Q What song are you embarrassed to admit you like? “American Honky Tonk Bar Asso- you like? Just before surgery in 1992, the ciation” anesthesiologist asked me the same thing. As I was “going under,” I started singing the Care Bear song that my 2 year old had just taught me.

108 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Chris Camp Dietmar Caudle Governor – YLD Chair Governor – District No. Nine Tulsa Lawton Q Background: Born (Aug. 2, Q Background: Born a West 1972), raised and educated German citizen; became a in Tulsa. In May 1999, I United States citizen in married Julie Michelle 1969; at one time was simul- Berryhill, with whom I have taneously eligible to be two sons, Bronson Michael drafted by the U.S. Armed Christopher and Broderick Forces and the Bundeswehr. Willard Norman, and one Former credit manager for Chris Camp daughter, Abigail Diane. Montgomery Ward, Kansas Dietmar Caudle prosecutor and current sole Q Education: B.A. University practitioner. of Tulsa, 1995; J.D. University of Tulsa College Q Education: J.D., OCU School of Law; B.A., of Law 1999 OU; associate of arts, Cameron University. Q What CD is in your CD player right now? Q What CD is in your CD player right now? Nothing - now I’m listening to an iPod, on My Spanish language CD in favor of Elvis which you can find every CD I’ve Presley’s “Glory, Glory Hallelujah” purchased since junior high. Q Name one thing you will never throw away: Q Name one thing you will never throw My Oklahoma Bar Journals away: The pictures on the refrigerator that Q What do you consider the most overrated my kids drew virtue? If it is a true virtue, it cannot be Q What do you consider the most overrated overrated. virtue? Virtue can never be overrated Q What is your motto? “Sometimes late, Q What is your motto? “Turn your stumbling sometimes unprepared, but always ready!” blocks into stepping stones” Q What is your favorite board game? If it Q What is your favorite board game? Candy requires a board, I probably won’t play it. Land Q What is your favorite weekend activity? Q What is your favorite weekend activity? Without a doubt, a 70-degree, no-wind Focusing on my family Saturday morning golf outing at my favorite golf course. Q What subject did you hate when you were in school? Chemistry Q What subject did you hate when you were in school? Typing – which is the reason that Q Name one goal you have for yourself you my e-mails are at times grammatically have yet to accomplish: To appear – and challenged. prevail – before the U.S. Supreme Court Q Name one goal you have for yourself you Q What did you want to be when you were a have yet to accomplish: Present a case kid? A grown up (shows how little I knew before the U.S. Supreme Court. about life!) Q What did you want to be when you were a Q What song are you embarrassed to admit kid? An exemplary, handsome lawyer – I you like? “I Love You” (by Barney the did accomplish the lawyer part. Purple Dinosaur) Q What song are you embarrassed to admit you like? “Don’t Worry- Be Happy!”

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 109 Cathy Christensen Donna Dirickson Governor – District No. Three Governor – District No. Four Oklahoma City Weatherford Q Background: Born in Norris- Q Background: Born in San town, Penn., moved to Diego, Calif., while my Oklahoma during high father was in the Navy; school, attended OSU, attended and graduated became an Okie from Weatherford High School; Duncan & Dirick- Q Education: OSU and OCU son, partner, March 1999 to School of Law present; assistant district Cathy Christensen Q What CD is in your CD attorney, Custer County, Donna Dirickson player right now? The from 1996 through 1999. Christmas CD given to me Q Education: Graduated from Southwestern from President Bill Grimm Oklahoma State University in 1993 and Q Name one thing you will never throw away: OCU School of Law in 1996. My children’s baby blankets from the hospi- Q What CD is in your CD player right now? tal nursery when they were born John Mayer Q What do you consider the most overrated Q Name one thing you will never throw away: virtue? The ability to multi-task My daughter’s first-year photo album Q What is your motto? “Damn the torpedoes. Q What do you consider the most overrated Full steam ahead.” virtue? Honesty (because so many people Q What is your favorite board game? Scrabble have difficulty with it) Q What is your favorite weekend activity? Q What is your motto? Eventually you will get Spending time with my husband and chil- through it dren doing just about anything. Q What is your favorite board game? Right Q What subject did you hate when you were in now Chutes and Ladders, because that is a school? What? I loved school, and every game my daughter got for Christmas and subject! we are playing it all the time. Q Name one goal you have for yourself you Q What is your favorite weekend activity? have yet to accomplish: I have several and Having brunch with my husband and can’t pick just one to mention. daughter on Saturday morning. Q What did you want to be when you were a Q What subject did you hate when you were kid? An attorney in school? Math Q What song are you embarrassed to admit Q Name one goal you have for yourself you you like? The theme song from “The Mary have yet to accomplish: Work less hours Tyler Moore Show” Q What did you want to be when you were a kid? Teacher Q What song are you embarrassed to admit you like? “Purple Rain”

110 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Bob Farris Brian Hermanson Governor – District No. Six Governor – District No. One Tulsa Ponca City Q Background: Lifelong Tulsa Q Background: Born in Mil- resident; married to Pam, waukee and raised in Green my high school sweetheart Bay, Wis. I moved to Okla- and the love of my life; homa in 1975 to attend law father of Nic and Matt; school and decided that this father-in-law of Kirstin and is where I wanted to make Stephanie; grandfather of my home.

Jakob and Payton Q Bob Farris Education: B.A. from Brian Hermanson Q Education: Edison High Carroll College (Wisconsin) School; B.S. in mechanical and J.D. OU College of Law engineering from TU in Q What CD is in your CD player right now? 1972; J.D. from the TU Col- Christmas music lege of Law in 1975 Q Name one thing you will never throw away: Q What CD is in your CD player right now? Old client files “The very best of Emmylou Harris: Heartaches and Highways” Q What do you consider the most overrated virtue? Perfection Q Name one thing you will never throw away: My 1994 Budweiser World Cup Soccer neon Q What is your motto? “Don’t let the bastards light get you down” Q What do you consider the most overrated Q What is your favorite board game? Who has virtue? Honesty – too many people are too time to play board games? good at lying. Q What is your favorite weekend activity? Q What is your motto? “Live strong” Working at the ranch Q What is your favorite board game? Chutes Q What subject did you hate when you were and Ladders in school? Math Q What is your favorite weekend activity? Q Name one goal you have for yourself you Woodworking if it’s raining and long- have yet to accomplish: Being president of distance bicycling if it’s not the Oklahoma Bar Association Q What subject did you hate when you were Q What did you want to be when you were a in school? Calculus kid? I always wanted to be a lawyer. Q Name one goal you have for yourself Q What song are you embarrassed to admit you have yet to accomplish: Being an you like? My family and I liked to sing accomplished musician along with the Spice Girl CDs. Q What did you want to be when you were a kid? Professional baseball player Q What song are you embarrassed to admit you like? “Kicks” (Paul Revere and the Raiders)

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 111 Michael Hogan Q Name one thing you will never throw away: Governor – District No. Two Apparently, every law book that I ever McAlester owned – now I just showcase them so the shelves won’t be empty – know what I Q Background: Born in mean? Muskogee, a former sales- man and truck driver Q What do you consider the most overrated virtue? No true virtue can be overrated. Q Education: Attended OSU, (This is not the answer that I really wanted but due to a job graduated to give.) from Northeastern State University; OCU School of Q What is your motto? It has always been: Law “You only get so many days on the planet!” Michael Hogan Q What CD is in your CD Q What is your favorite board game? Trivial player right now? Red Pursuit (Like what am I supposed to say: Steagall’s “Lone Star Beer” “The advanced version of Tic-Tac-Toe?) & Bob Wills Music Q What is your favorite weekend activity? Q Name one thing you will never throw away: Yard and garden work and golf Absolutely, without a doubt, money Q What subject did you hate when you were Q What do you consider the most overrated in school? None virtue? Hard work Q Name one goal you have for yourself you Q What is your favorite weekend activity? have yet to accomplish: Medicare eligibility Sports and a “hole-in-one.” Q What subject did you hate when you were Q What did you want to be when you were a in school? Humanities kid? 21 years old and a medical doctor Q Name one goal you have for yourself you Q What song are you embarrassed to admit have yet to accomplish: Learning to play a you like? “Puff the Magic Dragon” dobro (resonator guitar) Q What did you want to be when you were a Deborah Reheard kid? Pilot Governor – At Large Eufaula Q What song are you embarrassed to admit you like? I can’t be embarrassed by admit- Q Background: Raised on a ting I like a song (see above question dairy farm near Vinita; first regarding CD players.) career was as a newspaper editor in Vinita, Sand Springs and Broken Arrow Vic Kennemer Governor – District No. Eight Q Education: Undergrad – Wewoka OSU and NSU; J.D. – TU Q Background: Raised in Lind- Q What CD is in your CD Deborah Reheard say, 32 years of general player right now? Vince Gill practice in Wewoka “These Days” Q Education: High School – Q Name one thing you will never throw away: Shattuck School, Minnesota; My mother’s wedding dress College, OU; J.D., OCU Q What do you consider the most overrated Q What CD is in your CD virtue? Patience Vic Kennemer player right now? Rod Q What is your motto? “Live well. Laugh Stewart’s “Still the often. Love much.” Same...Great Rock Classics of Our Time.” Q What is your favorite board game? Checkers

112 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Q What is your favorite weekend activity? Alan Souter Anything that doesn’t involve lawyering Governor – District No. Seven Bristow Q What subject did you hate when you were in school? Algebra Q Background: Born in Okla- Q Name one goal you have for yourself you homa City, 1967; grew up in have yet to accomplish: Be more patient Edmond; married to Kim Hays, a lawyer in Tulsa; two Q What did you want to be when you were a amazing children – Noelle, kid? Veterinarian or a cowgirl 8 and Parker, 4. Q What song are you embarrassed to admit Q Education: B.S. in Econom- you like? “Happy Trails to You” ics, Oklahoma State Univer- Alan Souter sity, 1989; J.D., University of Robert Sartin Kansas, 1993. Governor – At Large Q What CD is in your CD player right now? Tulsa Who still uses CD players? My iPod is currently tuned to Jimmy Buffet’s new CD, Q Background: Born and “Take the Weather With You.” raised in Tulsa. Q Name one thing you will never throw away: Q Education: OU, B.B.A. The first cap my kids wore (finance), 1985; J.D., 1988 Q What do you consider the most overrated Q What CD is in your CD virtue? Order player right now? Billy Joel Q What is your motto? “Sometimes the best Q Name one thing you will Robert Sartin map will not guide you.” never throw away: My automotive tools (in case Q What is your favorite board game? Candy the lawyer thing doesn’t Land work out) Q What is your favorite weekend activity? Q What do you consider the most overrated Grand Lake with my family virtue? Be on time (my mom claims this is a Q virtue). What subject did you hate when you were in school? Anything with math Q What is your motto? “It is better to be Q thought a fool, than to speak and remove all Name one goal you have for yourself you doubt” have yet to accomplish: Opening my bar in the Caribbean Q What is your favorite board game? Chess Q What did you want to be when you were a Q What is your favorite weekend activity? kid? A geologist like my dad Basketball Q What song are you embarrassed to admit Q What subject did you hate when you were you like? “It’s a small world after all” in school? Englesh (sp?) Q Name one goal you have for yourself you have yet to accomplish: Play in the NBA (I’m pretty sure I’m almost there.) Q What did you want to be when you were a kid? Professional football player Q What song are you embarrassed to admit you like? Any classical music

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 113 Peggy Stockwell Q What is your motto? “It is better to travel Governor – District No. Five hopefully than to arrive.” (I forgot who said Norman this first.) Q Background: I was born in Q What is your favorite board game? None Oklahoma City; moved to Q What is your favorite weekend activity? Norman at age 5; been here Sleeping ever since. Q What subject did you hate when you were Q Education: B.A. OU 1978; in school? Chemistry J.D. OU 1983. Q Name one goal you have for yourself you Q What CD is in your CD have yet to accomplish: Retirement Peggy Stockwell player right now? Tom Petty, “Full Moon Fever” Q What did you want to be when you were a kid? Grown up Q Name one thing you will never throw away: Floppy, my stuffed dog. Q What song are you embarrassed to admit you like? “Build me up, Buttercup” Q What do you consider the most overrated virtue? Patience

NOTICE RE: INTEREST ON JUDGMENTS The State Treasurer has certified to the Administrative Director of the Courts that the prime interest rate as listed in the first edition of the Wall Street Journal published on the first business day of 2007, is 8.25 percent. In accordance with 12 O.S. 2004 Supp. § 727.1[I], two (2%) percentage points are added to the prime interest rate. Therefore, the interest rate to be charged on judgments in accordance with 12 O.S. § 727.1[I], for the calendar year 2007 shall be 10.25 percent. This interest rate will be in effect from January 1, 2007 until the first regular business day of January, 2008. Interest rates since the inception of the law of November 1, 1986, are as follows:

1986 11.65% 1992 9.58% 1998 9.22% 2004 5.01% 1987 10.03% 1993 7.42% 1999 8.87% 2005 7.25% 1988 9.95% 1994 6.99% 2000 8.73% 2006 9.25% 1989 10.92% 1995 8.31% 2001 9.95% 2007 10.25% 1990 12.35% 1996 9.55% 2002 7.48%

1991 11.71% 1997 9.15% 2003 5.63% /s/ Michael D. Evans Administrative Director of the Courts

114 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 OAMIC DECLARES 2006 POLICY DIVIDEND

OAMIC policyholders will receive a sizeable dividend for 2006. Total dividends paid will equal 75% of the Com- pany’s net income generated in 2006. The exact payment amount will be determined in January as Annual Financial Statements are prepared, with payments mailed in February.

The 2006 dividend will be the 13th consecutive policy dividend and will exceed the average of the previous 12. Dividends paid for the past 12 years have averaged $1.376 million, representing 24% of earned premium on limits up to $1Million/$1Million.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 115 MEET YOUR Oklahoma Supreme Court Bar Association Chief Justice James R. Winchester

hief Justice Judicial Conference from 1992 to 1996. He James Win- served as president of the Oklahoma Judicial Cchester is a Conference in 1995. native of Clinton Justice Winchester is a graduate of Leader- who received his ship Oklahoma. He currently resides in Chick- B.A. degree from OU asha with his wife, Rep. Susan Winchester and and his J.D. from their son, Davis. OCU School of Law in 1976. After graduating from law school, Jus- What is in your CD player right now? tice Winchester prac- Keb’ Mo’ “Blues” ticed law in Weath- erford and Hinton before being named associ- Reason I became a lawyer: ate district judge for Caddo County in January 1983. In December 1983 at age 30, Justice Win- Why I became a lawyer isn’t nearly chester became one of the youngest district as interesting as why I’ve stayed a judges in the state when he was appointed as lawyer and became a judge. I enjoy the district judge for the Sixth Judicial District of challenge of cases from an academic Oklahoma by Gov. George Nigh. During his standpoint and determining how the tenure as a district judge, he tried more than case fits into the framework of the law. 200 jury trials, ranging from fraud to first- I also love working with people and degree murder death penalty cases. He served finding a way to solve problems in a g in that position for 15 years. fair and just manner is a continuin challenge that has not lost its appeal. He then served as a U.S. administrative law judge in Oklahoma City and New Orleans for two years. Justice Winchester was appointed in Favorite quote: 2000 as a member of the Supreme Court of A high school hockey player can Oklahoma by then-Gov. Frank Keating. He move the puck up and down the ice. A assumed the responsibilities of chief justice on college hockey player can skate to the Jan. 1. puck. But a professional hockey player knows where the puck is going to be. Justice Winchester was named Outstanding —Wayne Gretsky State Trial Court Judge by the Oklahoma Trial Lawyers Association in 1986 and served as an executive board member of the Oklahoma

116 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Court of Criminal Appeals MEET YOUR Presiding Judge Bar Association Gary L. Lumpkin

udge Gary L. He is a member of the Oklahoma County Bar Lumpkin is a Association and the Marshall County Bar Jnative of Sentinel, Association. He is a member of the William J. _xxbut he and his Holloway Jr. American Inns of Court CV and wife subsequently the Oklahoma Judicial Conference. He also made their home in serves on the board of directors of the Nation- Madill. He attended al Center for State Courts, Williamsburg, Va. Northwestern State College in Alva, and he received a B.S. degree in business administration from Southwestern State College in Weatherford in 1968. He received his J.D. from the OU College of Law in 1974. What is in your CD player right now? Judge Lumpkin served in the U.S. Marine Nothing, I listen to the Sirius “Pure Corps from 1968-1971, including 18 months Jazz” channel. When I do play a CD, it spent in Vietnam. He retired with the rank of is usually an audio book. colonel in the Marine Corps Reserve after 30 years of service. He was one of only two Reason I became a lawyer: Marine Reserve judges assigned to the Navy- Marine Corps Court of Criminal Appeals at the Originally I chose law school in lieu time of his retirement from the Marine Corps. of an MBA and intended to use my degree in business. However, as my After working as a staff attorney with the wife and I sought guidance for my Oklahoma Department of Consumer Affairs career path, the Good Lord opened and as a consultant with a non-profit organiza- doors of service we never anticipated. won- tion, Judge Lumpkin was appointed assistant Each day as a lawyer has been a district attorney for Marshall County and then derful blessing for the opportunity of first assistant district attorney for the 20th Dis- service it gives. The interesting thing is trict. Judge Lumpkin also served as associate that before we married, I told Barbara I district judge for Marshall County and district would never be involved in politics or judge for the 20th Judicial District, Division II. criminal law. It is truly amazing the Appointed to the Court of Criminal Appeals path your life can take when you seek by Gov. Henry Bellmon, he commenced his divine guidance and then go through service on the court in January 1989. the doors that are opened for you. Judge Lumpkin was selected as an Out- standing Young Man of America by the U.S. Favorite quote: Jaycees and Outstanding Assistant District “Those who expect to reap the Attorney of the Third Congressional District blessings of freedom must, like men, by the Oklahoma District Attorneys Associa- undergo the fatigue of supporting it…” tion. He received the 1999 William J. Holloway —Thomas Paine Jr. Professionalism Award presented by the William J. Holloway Jr. American Inn of Court.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 117 MEET YOUR Bar Association OBA Departments and the Member Services They Provide

olunteer leaders may be the chief engineers who keep any professional association on track, but it is the staff who Vprovides the power to move forward. Member services are an essential part of the Oklahoma Bar Association. Learn more about what each department offers members, and put a name together with a face in photos of the employees who work for you — bar association members.

Administration I ensuring the bar center interior and exterior facilities are maintained so members can take The responsibilities of the Administration pride in their building Department are multi-faceted, but its primary I maintaining and updating member roster emphasis is handling finances, human information resources, Annual Meeting planning, bar center operations and maintaining official mem- I invoicing senior members and bership information. Specific duties include: non-members for Oklahoma Bar Journal I scheduling bar center subscriptions meeting rooms I coordinating and scheduling meetings utilizing video conference equipment in Arapaho, McAlester, Oklahoma City and Tulsa I assisting committees and sections with mailings to their members I providing mailing labels of bar members to committees and sections I tracking expenditures for all committees and sections I providing monthly committee and section accounting reports ADMINISTRATION – Wanda Reece-Murray, Director Craig upon request Combs, Jenny Barrett, Durrel Lattimore, Suzi Hendrix and Roberta Yarbrough

118 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 I managing the Legal Intern Program than any other OBA service. The staff of I producing certificates of good standing for OBA/CLE is honored that members hold that our members view and will continue to work with the aspiration of becoming an even more integral I processing expense claims for OBA officers, part of each member’s legal life by providing YLD officers, and section and committee the best, the most creative, the most timely and members the most practical in CLE programming and I managing OBA mail room and OBA office publications. OBA/CLE is a necessity, not a equipment requirement! I contract negotiations with Annual Meeting Let us know what else you want and hotels, scheduling and coordinating Annual need because OBA/CLE wants to be your Meeting events, exhibitors, and committee continuing legal education provider. Call CLE and section meetings Director Donita Douglas at (405) 416-7028 with I accounting and budgeting for all your ideas. departments Department services include: I investing association reserves I developing and producing 80-100 live I management of employee benefit programs seminars throughout the state I offering video replays of the live seminars Phone: (405) 416-7000 I developing and producing online video and audio seminars, including Webcasts Membership: (405) 416-7080 seminars I offering recent seminar publications and CDs for sale to association members I developing and producing the multi-track, multiple session CLE at the OBA Annual Meeting I coordinating with the Management Assistance Program to plan the annual Solo and Small Firm Conference I coordinating with the Women in Law Committee to plan the annual Women in Law Conference I coordinating with various OBA sections in the planning of OBA/OBA section co-sponsored CLE seminars CONTINUING LEGAL EDUCATION – Nina Anderson, I Mark Schneidewent, Director Donita Douglas, Heidi McComb attracting and securing and Susan Hall nationally-recognized experts to present continuing legal education programming to OBA Education members I publishing volumes (non-seminar) to I Continuing Legal Education members to assist in their practice,including form books, practice manuals and treatises The most recent OBA Membership Survey established that more than 80 percent of our I providing online registration for OBA/CLE members identify OBA Continuing Legal Edu- to members cation as an important service to them- more

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 119 I applying attendance credit electronically to I Lawyers in the Classroom: Attorney guest pre- enable members to have an up-to-date view senters instruct students on topics in law, the of accumulated OBA/CLE credit on Constitution, citizenship and the new my. okbar.org INFORM (Information Now for Oklahomans Rejecting Meth) Program. Participating attorneys are trained in making presentations to Phone: (405) 416-7006 K-12 students and provide a unique perspec- E-mail: [email protected] tive on topics related to scheduled courses. Attorneys are provided reference lesson plans if desired. I Young Adult Guide: “You’re 18 Now — It’s Your Responsibility!” Updated in fall of 2006. This booklet explains the rights and responsibilities of adult citizens under U.S. and Oklahoma law. Approximately 13 areas of law are addressed, including consumer credit and contracts, criminal law and family law matters such as divorce and parental rights and responsibilities. A new Spanish edition will be available in January 2007. Both guides are available free of charge and on the Web site at www.okbar.org. I Pocket Constitutions: These handy edi- LAW-RELATED EDUCATION – LRE Coordinator Jane tions include the full text of the Consti- McConnell, Jeanne Minson and Judy Spencer tution and Declaration of Indepen- dence. They are available for class- I Law-related Education wide distribution and also free of charge. The Law-related Education (LRE) Department I Supreme Court Awards: School of the Year and of the Oklahoma Bar Association (OBA) was Teacher of the Year. These awards are given established in 1989 to further the OBA’s goals of annually to those who develop creative, inno- increasing public service and enhancing public vative approaches to civic education pro- understanding of the law and the legal system. gramming. Members of the Oklahoma To that end, LRE endeavors to educate citizens Supreme Court recognize outstanding service in a constitutional democracy and to create an by presenting honorees with awards and active, responsible citizenry. stipends in a ceremony held in the Supreme LRE conducts programs independently and in Court Courtroom. partnership with non-profits, civic organiza- I Civitas: An International Civic Exchange Pro- tions and educational groups. Programs include gram. The Civitas exchange program part- professional development for teachers and oth- ners U.S. teachers and civic education leaders ers in the civic community via institutions and with their counterparts in countries with workshops. Classroom materials are created developing democracies. OBA/LRE partici- and distributed for programs administered by pates in a partnership with Michigan, Col- LRE at no cost to educators. orado, the Czech Republic and Slovakia. LRE aims to join the education and law com- I LRE Media Library: The Media Library, munities in its mission of fostering civic-mind- housed in the Oklahoma Bar Center on Lin- edness. An understanding of the role of the law coln Boulevard in Oklahoma City, is open for in society is essential to informed participation teachers to browse and preview materials in democracy. Creating active citizens requires available on loan from LRE. LRE will ship active civic education. free of charge videos and books to all parts of LRE is under the direction of Jane McConnell, the state for teachers’ use in the classroom. Law-related Education coordinator. Among the many programs and resources available are:

120 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 I YLD High School Mock Trial Committee: The school-based peer mediation program LRE coordinator serves as the liaison to the encourages young people to resolve conflicts committee. LRE staff supports Mock Trial in a positive and constructive manner. Coordinator Judy Spencer with efforts related Regional trainings will be held in the fall and to the rounds of competition that lead to the at the bar center. finals competition that determines Okla- homa’s state champion, who advances to Phone: (405) 416-7024 nationals. E-mail: [email protected] I The PACE Institute: PACE (Programs Advanc- ing Citizenship Education) guides educators through a focused examination of a topic in law-related education. During the week-long summer session, presenters provide both content and strategies to apply the subject in the classroom. Participants are required to develop lesson plans based on the selected topic, to be added to the LRE resource library and our Web page at www.okbar.org/lre. The institute’s goal is to educate participants in a topic in citizenship education, to expose them to creative methods in presenting the subject matter to their students, and to encourage ETHICS COUNSEL — Manni Arzola and them to develop and share their own strategies in teaching law-related education. PACE Ethics Counsel Gina Hendryx is offered free of charge to educators. PACE is sponsored by the Oklahoma Bar Foundation Ethics Counsel and the Constitutional Rights Foundation Youth for Justice Program. The Office of Ethics Counsel is a membership service available only to OBA members. It was I We the People: Project Citizen: This is a created to assist members with conflicts dilem- portfolio-based program for elementary mas, confidentiality questions, communication through high school students. As a class, the concerns and other ethics inquiries unique to students identify and study a public-policy the profession. The Office of Ethics Counsel is issue and develop an action plan for imple- completely autonomous from and independent menting a policy change. The final project is of the Office of the General Counsel. Members a portfolio including a research binder and seeking assistance with ethical questions are presentation boards displaying the group’s afforded an “attorney/client” relationship with efforts. Our state winning portfolio will com- the full expectation of confidentiality of dis- pete at the nationals in Boston, Mass., in closed information. August. I We the People: The Citizen & The Constitu- Through the Office of Ethics Counsel, Oklahoma Bar Association members can obtain tion: Students demonstrate their understand- informal advice and interpretations of the rules ing of their rights and responsibilities as citi- of attorney conduct. Responsibilities of the zens by testifying in a simulated congression- Ethics Counsel include: al hearing before panels of judges, which include, among other dignitaries, OBA/LRE I answering ethics questions from members of committee members, concerning the values the Oklahoma Bar Association and principles found in the Constitution and I memorializing advice given, and reporting as its conception and development. The win- directed ning class will represent Oklahoma at the I researching and writing ethics materials for national competition in Washington, D.C., in the Oklahoma Bar Association Web site and late April. the Oklahoma Bar Journal I PROS (Peers Responsible for Oklahoma I preparing and presenting CLE programs on Students): PROS is a collaborative project of the topics of ethics and professionalism the Early Settlement Programs administered by the Supreme Court of Oklahoma, Admin- istrative Office of the Courts and LRE. This

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 121 I working with the Legal Ethics Committee to produce practical written advice and opinions I monitoring attendance and compliance of diversion program attendees I creating, supervising and administering training in the areas of trust accounting, ethics and professionalism I coordinating the registration of out-of-state attorneys Phone: (405) 416-7083 E-mail: [email protected] GENERAL COUNSEL – (front row) Ray Page, Jan Hubbard, Sharon Orth and Bob Hanks; (back row) Janna Hall, Dorothy Walos and Dana Shelburne. Not pictured: Loraine Farabow

I Many grievances received include complaints from clients about a lack of communication, in that their lawyer will not return phone calls or respond to letters or requests for information concerning the progress of their case. In October 1987 the Office of the General Counsel created a “two-week letter” that requests the attorney communicate with the client concerning the status of the case and send the general counsel a copy of that communication. This procedure has proven to be an effective method of allowing a GENERAL COUNSEL – (front row) Laura problem to be resolved on an informal basis Willis, Misty Hill and Tracy Sanders; (back and is appreciated by both attorneys and row) Mike Speegle and General Counsel Dan their clients. Murdock In a one-year period the Office of the General Counsel receives and handles: General Counsel I about 450 formal grievances involving approximately 340 attorneys The Office of the General Counsel has I over 1,100 informal grievances involving certain enumerated powers and duties regard- nearly 800 attorneys ing disciplinary actions pursuant to the Rules I Governing Disciplinary Procedure as written by about 300 items of general correspondence. the Oklahoma Supreme Court. Included among All activities of the Office of the General those powers and duties are: Counsel, including investigation, prosecution of I investigating alleged lawyer misconduct or attorney discipline, criminal summary incapacity to practice law proceedings, reinstatements, resignations I and suspension of attorneys for personal reporting to the Professional Responsibility incapacity to practice law are performed under Commission the results of those the supervision of the Professional investigations Responsibility Commission. I making recommendations to the commission concerning the disposition of any Also as a member service, the general investigation, and prosecuting all counsel, his staff and the Professional Responsi- disciplinary and reinstatement proceedings bility Tribunal and Commission members speak before the Professional Responsibility to county bar association meetings, Tribunal Continuing Legal Education classes and

122 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 various civic organizations at no charge. In I helping develop Web sites for Oklahoma these sessions, disciplinary and investigative county bar associations procedures, case law and ethical standards I providing a members-only Web site within the profession are discussed. This effort (http://my.okbar.org) where members can directs lawyers to a better understanding of the update roster information, pay dues, disciplinary process and informs the public of register for CLE, review MCLE credits, etc. the efforts of the OBA to regulate the conduct of I its members. providing free signup for the www.oklahomafindalawyer.com lawyer referral service Phone: (405) 416-7007 Phone: (405) 416-7045

INFORMATION SYSTEMS — Director Rick Loomis, Matt Gayle and Tim Priebe Information Systems

The Information Systems Department is responsible for desktop computer support to MANAGEMENT ASSISTANCE PROGRAM — staff, network management of internal servers Director Jim Calloway and Sharon Dotson and externally accessible servers, Web site development and maintenance, mailing list Management Assistance Program management, database software development, network security, monitoring of The OBA Management Assistance Program evolving technologies and assistance to all focuses on helping Oklahoma lawyers with the departments to utilize technology in their nuts and bolts of running their law offices. departments. The Information Systems Depart- From “basic training” for the new lawyer to ment’s functions are mostly of an providing management and technology advice internal nature; however, services directly bene- for the seasoned professional, the department fiting members are: has a wide array of information to assist every I providing a mailing list for each committee lawyer in every practice setting. and section through the list servers to I Free Telephone Hotline — The OBA-MAP communicate with members easily and in a staff attempts to answer brief questions about cost effective manner management and technology issues. Our num- I maintaining a committee chairperson list and ber is (405) 416-7008. The toll free number is a section chairperson list serve to allow com- (800) 522-8065. Advice provided is confidential. munication between the association and the I The OBA Solo and Small Firm Conference chairs, as well as between the chairs them- — Attend great CLE programs with nationally selves recognized experts, network with other small I working hand in hand with the Public Infor- firm lawyers from across the state and meet mation Department to maintain with vendors in a fun family setting. Join us for www.okbar.org the 10th Annual Solo and Small Firm Confer-

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 123 ence June 21-23, 2007, at Tanglewood Resort on I Local Bar Presentations — The OBA-MAP Lake Texoma. director is available to speak at your county bar I OBA-NET — This is an incredible online meetings or other organized lawyer groups at resource that is free to all OBA members. Okla- no charge. homa lawyers post questions and brainstorm I Grande Macros — We are the exclusive sales with other lawyers online. Additional paid pre- agent for Doug Loudenback’s Grande Macros mium services, such as downloadable OBA CLE for family lawyers who use the WordPerfect materials since 1996, are available also. word processing program. These macros can be used to draft pleading and compute child sup- I Jim Calloway’s Law Practice Tips Blog — port in a fraction of the time previously needed. Weekly postings of Internet tips, law practice For more information on the Grande Macros, go tips and hot news in law office management to www.dougloudenback.com. and technology are available by either visiting the blog Web site, subscribing to the e-mail alerts or subscribing to the RSS newsfeed. Visit Phone: (405) 416-7008 the blog at http://jimcalloway.typepad.com/ lawpracticetips/. I Oklahoma Bar Journal Articles — Each theme issue of the Oklahoma Bar Journal contains the regular column “Law Practice Tips” by OBA-MAP Director Jim Calloway. They are available online at www.okbar.org/members/ map/articleindex.htm. I Office “Health Checks” — These consultations take place in the lawyer’s office on a fee for services basis. A wide range of management issues can be covered. Typically all staff and attorneys will be involved both in group and individual interviews. I Free Consultations at the Bar Center — Any lawyer who is setting up a new practice or has encountered a difficult issue that cannot be comfortably handled over the telephone is wel- come to schedule a free one-hour appointment with the OBA-MAP Director. MANDATORY CONTINUING LEGAL I The New Lawyers Experience: Hit the EDUCATION – Administrator Beverly Ground Running — This innovative new pro- Petry, Johnny Floyd and Brenda Card gram consists of a one-day seminar, scheduled twice a year in both Oklahoma City and Tulsa, Mandatory Continuing to assist attorneys setting up new solo practices. A companion project is the “Starting a Law Legal Education Practice Web Directory” which is available to The OBA Mandatory Continuing Legal Edu- any attorney at www.okbar.org/members/ cation Department is the regulatory office con- map/practice.htm. cerned with the accreditation of all continuing I Resource Center and Lending Library — legal education programs and the compliance Attorneys can browse free management by all Oklahoma Bar members with the MCLE resources and product information. There is a requirement. Often confused with the CLE computer with printer and Internet access for Department, the MCLE Department does not our members to use free of charge. Law practice sponsor CLE seminars. management books, videos and audio tapes are Mandatory Continuing Legal Education, a available for lawyers to “check out” and review. program adopted by the Oklahoma Supreme We are also a distributor of ABA Law Practice Court in 1986, establishes minimum require- Management books and offer these for sale to ments for continuing legal education for Okla- our members at a discounted price.

124 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 homa attorneys. The program is administered I assisting the Law Day Committee in accom- by the OBA Mandatory Continuing Legal Edu- plishing extensive Law Day statewide activi- cation Commission, which consists of nine ties and community service projects that gen- members, that has general supervisory authori- erate significant positive public recognition ty over the rules and may adopt regulations for the legal profession consistent with the rules. I publishing the OBA Annual Meeting pro- Member services provided include: gram and House of Delegates book and pro- I reviewing seminars for accreditation moting award winners, the meeting itself and election results I accreditation of teaching activities I More specific duties that benefit members are: responding to requests for clarification of the I Rules of the Oklahoma Supreme Court for editing information submitted by and about Mandatory Continuing Legal Education bar members for the FYI and Bench & Bar I Briefs section of the bar journal processing the annual reports of I compliance reviewing Web content submitted by commit- I tees and sections and assisting them with helping each member receive all the credit he organization and content ideas or she is entitled to for qualified CLE activi- I ties. publishing the monthly E-News for OBA I members with e-mail addresses keeping a record of the Oklahoma approved I seminars attended by members. expediting information requests from the news media Phone: (405) 416-7009 I issuing news releases about association E-mail: [email protected] events I assisting OBA committees, sections and divisions in publicizing their projects to both members and the media I working with sections to publish short law articles related to the section’s focus I assisting sections and committees with plac- ing and designing free ads in the bar journal to promote their activities to other members The department serves as a liaison for one board and several committees and assists in accomplishing their goals. A summary of services provided to those groups are: I working with the 10-member Board of Edi- tors that reviews articles submitted and plans PUBLIC INFORMATION — Melissa Brown, for future theme-related Oklahoma Bar Journal Director Carol Manning and Lori Rasmussen issues; once articles are approved for publication, the staff has charge of editing, proof- Public Information reading and layout I The Public Information Department has assisting the Communications Committee in responsibility for the OBA’s member communi- its projects including overseeing the cations and external public relations efforts. publication of 14 brochures on such topics as Areas of major emphasis are: divorce, landlord tenant rights, advanced I directive and lawyers and legal fees; publishing 35 issues of the Oklahoma Bar Jour- Brochures are distributed free as a communi- nal every year, including the annual OBA Ref- ty service to individuals, libraries, nonprofit erence Guide organizations, etc., and staff I managing the content of the OBA’s main Web handles the continuous demand for those site www.okbar.org to ensure its organization materials to be mailed across the state and up-to-date information Law Day Committee — PI Department staff members work closely with committee

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 125 members in their efforts to promote Law Day, The department also assists the Awards Com- celebrated nationwide on May 1. Activities mittee, Disaster Response and Relief Commit- include: tee, Lawyers Helping Lawyers Committee and Young Lawyers Division. I conducting statewide contests for Oklahoma students Phone: (405) 416-7004 I providing county Law Day chairpersons with both event and promotion ideas for county celebrations Don’t Know I coordinating the statewide “Ask A Lawyer” community service project in which Whom to Contact? volunteer attorneys give free legal advice to people who call in If you need more information about which employee in a department to contact, go to www.okbar.org. Pull I producing public service announcements and down from “Quick Links” and select “OBA Staff .” other marketing strategies to promote the You will find a list of each OBA staff member, a Ask A Lawyer free legal advice summary of his or her responsibilities, and their e-mail address. I produce a one-hour, interview style TV program, in cooperation with OETA (the state’s PBS affiliate) featuring lawyers and other experts discussing three legal topics

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126 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 MEET YOUR Bar Association OBA Membership Benefits Perks Bar Members Receive from Their Association

our state bar association offers you a broad selection of Yopportunities to make the most of your membership. You may not even be aware of some of the professional benefits available to you as an Oklahoma Bar Association member. Check this list to be sure you are taking full advantage of the member services provided.

ONLINE SERVICES OBA-NET — members-only interactive service. Free basic service with premium services Fastcase - The OBA now offers available to enhance the member benefit. This online legal research software as is where lawyers are empowered to help each a free benefit to all OBA mem- other through online discussions and an online bers. The OBA has contracted New! document repository. You must agree to with Fastcase to provide the certain terms and be issued a password to member benefit for three years, participate in OBA-NET. which includes national coverage, unlimited usage, unlimited customer service and unlim- E-News — current OBA news and information ited free printing – at no cost to bar members, to assist in your law practice that is sent once a as a part of their existing bar membership. To month to members with an e-mail address as use Fastcase, go to www.okbar.org. Under the part of their official roster information. Fastcase logo, to log in enter your username (OBA number) and password PIN for the Online CLE — quality OBA/CLE online myokbar portion of the OBA Web site. programming, plus online seminar programs from other state bar associations. It’s a conven- www.okbar.org — main site or front door for ient way to get up to three hours MCLE credit. the OBA with links to all other OBA Web pres- ences and much information for members as Oklahomafindalawyer — the OBA’s official well as a great deal of information for the lawyer listing service. Free to members and the public. public. It is also a useful tool for lawyers to identify attorney practice area expertise in My okbar — password-protected portion of specific geographic areas. Sign up through my the OBA’s Web site. Easy to do everything okbar. from changing your official address, enrolling in a CLE course, checking your MCLE credits www.okbar.org/research/links.htm — a quick to listing your practice areas on the Internet so way to find the Oklahoma Supreme Court Web potential clients can find you. You can also site to look up Oklahoma cases and statutes receive electronic communications from online. Can be used to find the online site of the bar by adding your e-mail address to the the Court of Criminal Appeals or any of Okla- roster. homa’s District Courts, hunt a state or federal

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 127 agency, locate a federal court site, find a Continuing Legal Education materials — municipal ordinance or find the rules from seminar materials and form books available local or federal courts. As a bonus there are for purchase, an affordable way to get quality, many other links to assist in your legal and state-specific practice aids. Prices start at factual research. approximately $40. A complete list of topics is available online, or come by the CLE Dept. at TechnoLawyer – a popular online resource for the Oklahoma Bar Center Monday - Friday, lawyers providing product reviews, how-tos 8:30 a.m. - 5 p.m., and review the books and other information related to law firm available. management and technology. TechnoLawyer consists of a network of eight e-mail Consumer information brochures — newsletters and a searchable Web-based pamphlets on 14 topics covering commonly archives of all newsletter content. The newslet- asked questions to give to clients, sold to OBA ters are free, but searching TechnoLawyer members at a minimal cost of $16 for 100. archives of the newsletters costs $65 per year. Brochure topics are: wills, probate, joint tenan- The new OBA TechnoLawyer cy, home buying, tenant rights member benefit means that OBA and duties, landlord rights, members can access these archives divorce, small claims court, for free for one year. One great use employee rights, bankrupt- of this tool would be software cy, trial juror information, evaluation, where you can search lawyers & legal fees, living to see what others have had to say wills (brochure and form), about a particular product. Visit criminal law and resolving www.technolawyer.com/oba.asp conflicts and disputes. As a for this member benefit and use community service the OBA coupon code “freesub” for the distributes the brochures free free subscription. Please do not to courthouses and libraries share this information with any- throughout the state. one who is not an OBA member. Web site design and hosting — PRACTICE provided by the OBA staff to MANAGEMENT/ committees, sections and coun- PROFESSIONALISM ty bar associations. Young Lawyers Division — Prepared speeches for community/ YLD is a professional service civic groups — speeches, outlines and network offering the chance to participate in handouts prepared by the OBA’s Bench and community and bar-related programs. Bar Committee on selected topics for presenta- Lawyers of any age who have been in practice tion to public groups. Available through less than 10 years are automatically members. www.okbar.org. No dues are required. Information about YLD programs is available at www.okbar.org/ PUBLICATIONS members/yld. Oklahoma Bar Journal — 35 issues annually, Continuing Legal Education seminars — the contains articles, court opinions, substantive OBA creates and coordinates 90 live seminars, law, state bar news, professional changes, produces numerous videotaped programs member news (moves, kudos, additions to annually and offers materials on a full spec- firms, etc.), master calendar of judicial and bar trum of legal topics. OBA members can come events, $55 annual subscription, free to to the bar center anytime during regular busi- members. Specially printed binders to keep ness hours to watch a seminar video of your bar journals organized are provided to choice and earn CLE, but please call in members at $15.95 each. advance to schedule. Call Heidi McComb at (405) 416-7027. Judicial directory — photos, addresses and telephone numbers of state judiciary, free to members. Updated biennially.

128 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Practice management/ technology hotline use free of charge in addition to TV-VCR units service — free telephone calls to the Manage- with headphones so lawyers can view selec- ment Assistance Program (MAP) staff and the tions from the library of law office manage- OBA Director of Information Systems for brief ment videotapes. Several updated treatises answers about practical management and that are not commonly available (e.g. Hillman technology issues, such as law office software, on Lawyer Mobility) are available there for ref- understanding computer jargon, staff and per- erence. The center is also the home of the OBA- sonnel problems, software training opportuni- MAP Lending Library. ties, time management and trust account man- Ethics Counsel — assists members with ethi- agement. Call (405) 416-7008. cal questions and inquiries on subjects such as Office “health checks” — in-depth personal conflicts, confidentiality and client concerns. or group consultations that take place in the The Ethics Counsel also presents continuing lawyer’s office, consultations may focus on education programs on the topics of ethics and technology, office procedures or other areas professionalism. Call (405) 416-7083. agreed upon by attorney and MAP Coordina- Lawyers Helping Lawyers — 24 hour, 7 day a tor. Fee is $500 per day for small law firms (five week confidential assistance program for attorneys or less) or $750 per day for medium members suffering from psychological, physi- or larger firms (more than five attorneys), pro- cal and substance abuse problems that are hav- gram offered by OBA’s MAP Dept. Call (405) ing an adverse impact on their practice of law. 416-7008 to schedule. Call (800) 364-7886. MAP workshops — customized day-long pre- OBA sections — 23 substantive law sections sentations on technology and office that offer professional development and inter- procedures conducted on-site to a group of action, experience professional growth by attorneys and staff members from different learning from colleagues in your practice area firms using a multimedia approach, may and develop new contacts, benefits vary by include computer generated presentation, section with a growing number of sections videotapes on such topics as professionalism holding midyear or quarterly meetings that and trust accounting procedures and work- offer free or discount CLE to shop exercises, afternoon session devoted section members, some sec- to answering specific questions publish member tions anonymously submit- newsletters. See the 2006 ted. This is for firms who OBA Reference Guide (OBJ wish to share costs and have Vol. 77 No. 4) for a list of sec- more general information tions and their annual dues presented to them. or check out the information Book purchasing program online. — OBA members can pur- County bar association and chase ABA Law Practice civic group speakers — Management Section books at OBA officers, Board of Gov- the same discount as ernors members and staff members are ABA/LPM members through available (for the price of a meal) to speak at the OBA Management Assistance Program. luncheons and banquets on a wide variety of Lending library — law practice management topics including legislative issues, ethics, law books, video and audio tapes available for office management and law practice tips. lawyers to check out and review. There is no fee for checking out materials to take home. NETWORKING Reference center — In the Oklahoma Bar Cen- Leadership opportunities — boards, commit- ter, Room 214 has been established as the OBA- tees, sections and commissions are some of the MAP Resource Center where attorneys can volunteer opportunities that offer career devel- drop in for free management resources and opment and ways to interact with other attor- product information. There is a computer with neys and judges. a printer and Internet access for members to Annual Meeting — participate in CLE pro-

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 129 grams, section and committee meetings, have a that committee and section members can join voice in determining the OBA’s legislative pro- in on meetings without traveling to Oklahoma gram and electing future state bar leaders, take City. advantage of networking opportunities with Legislative services — the OBA’s executive attorneys and judges from throughout the director works for adoption of legislative state. The 2007 Annual Meeting will take place issues approved by the House of Delegates, Nov. 7-9 at the Sheraton Hotel in Oklahoma and the Legislative Monitoring Committee City. provides a weekly legislative report highlight- Solo & Small Firm Conference/YLD Midyear ing the status of selected bills during the ses- Meeting — lawyers have the opportunity to sion. The report is published in the Oklahoma get to know one another and to take advantage Bar Journal and on the Web site while the Leg- of a CLE seminar in a relaxed family setting. islature is in session. The 2007 meeting will be held June 21-23 at Meeting rooms at bar center — many size Tanglewood Resort on Lake Texoma. rooms to choose from to accommodate small and large group meetings, client conferences OBA MERCHANDISE and depositions, free to members during weekday business hours, nominal fee for Lady of Justice color lithograph - this framed evenings. and matted lithograph of the bar center’s Lady of Justice makes a great addition to any office. Each piece is signed by the artist, Greg Burns. OPTIONAL MEMBER PURCHASE Visit www.okbar.org for more details and to LawWare — bar members may subscribe to view a sample. the document assembly, document management and client man- OTHER SERVICES agement software program at a discounted Toll-free phone number group rate. Created by — in-state OBA mem- Oklahoma attorneys bers who live outside the in 1991, LawWare Oklahoma City metro streamlines the calling area can place free process of organizing calls to the Oklahoma Bar and generating legal Center by dialing (800) forms and related 522-8065, which connects documents for law you to our receptionist (a offices of any size. real, live person - not a With the OBA machine) to direct your endorsement, mem- call to the proper person bers may subscribe to LAwWare at a discount- or department. ed rate of $49 per month for the first copy and Direct dial and 24-hour messaging to OBA $10 per month for each additional office copy. staff members — bypass waiting for the OBA The inquire about LawWare or to order a sub- receptionist to answer your call by dialing a scription, call (866) LAW-WARE or visit staff person or department directly, a list of www.LawWare.com. phone numbers is published in the Oklahoma Oklahoma Legal Directory — official directo- Bar Journal next to the events calendar, leave a ry of OBA members with addresses and phone voice message anytime (nights and weekends numbers, roster alphabetical and by county, too). After-hour calls to the general phone includes guide to county, state and federal numbers (405) 416-7000 or (800) 522-8065 are offices plus departments of the U.S. and Okla- automated and will list department extension homa government, complete digest of courts, numbers to punch in if you don’t know the professional associations including OBA offi- direct phone number. cers, committees and sections. Published by Video conferencing — available at Tulsa Legal Directories Publishing Co., hard bound County Bar Center, Arapaho and McAlester so edition $54, computer disk and CD ROM also

130 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 available. Call (800) 447-5375 to request order Office furniture — OBA members receive a 51 form or go to www.legaldirectories.com. percent discount off the list price on all Nation- al Furniture products offered by Bill Warren Title Examination Standards — contains all Office Products. Delivery is FREE in the Okla- the presently effective Oklahoma Title Exami- homa City and Tulsa metro areas. There is also nation Standards and reflects all revisions, pro- FREE drop shipment within the state of Okla- duced by the OBA Real Property Law Section, homa. Installation services are available with $5 per copy, free to section members. the fee based on the product. OBA members OBA sponsored insurance programs — keep can also receive a FREE initial office design rates low through group buying power. For and space plan with up to two free revisions information about OBA programs for life, per project. Additional design work will be health (employer-group and individual), indi- billed at $45 per hour. Call Bea Gee or Christi vidual disability, personal umbrella liability, Smith at (405) 947-5676 or visit www.warren- long-term care and other insurance plans, con- products.com. tact Beale Professional Services at (405) 521- Student loan consolidation – SunTrust Bank 1600, (800) 530-4863. For information on pro- offers OBA members special interest rate fessional liability and court bonds, contact reductions on Federal Student Loan Consoli- Oklahoma Attorneys Mutual at (405) 236-8205, dation on loans of $10,000 or more. Lower your (800) 318-7505. interest rate by 0.5 percent just for having your ABA Retirement Funds — ABA Retirement monthly payments deducted from your per- Funds offers tax-qualified retirement plan sonal bank account. Earn another 1 percent services to qualified law professionals. This interest rate reduction when you make your includes full-service, cast-effective retirement first 24 consecutive monthly payments on plans such as 401k and profit sharing. Corre- time. (Borrower must stay current for the sponding services include plan design, admin- remaining term of the loan to keep the rate istration and fiduciary oversight. Program eli- reduction in effect.) For more information on gibility is open to any law firm or practitioner SunTrust and student loan consolidation visit that has at least one partner or shareholder www.suntrusteducation.com/legal or call who is a member of the ABA, or state or local (888) 403-5027 to apply. There are no credit bar association represented in the checks, application or origination fees. This ABA’s House of Delegates. For more offer is subject to change without notice. information, call (877) 947-2272 or visit WESTLAW discounts — West Publishing www.abaretirement.com. Corp. offers OBA members a variety of discounts on its products and services, members MEMBER DISCOUNTS receive Oklahoma’s jurisdictional CD-ROM libraries with the first billable monthly sub- International travel — Go Next has been in scription charge waived. For information on business for 35 years. They provide high qual- other offers available call (800) 762-5272. ity, recreational travel to destinations around the globe. Group rates on trips are available to WordPerfect licensing program – The Okla- you, your family and your friends. All trips homa Bar Association has signed on to Corel include airfare from either Oklahoma City or Corporation’s new Bar Association licensing Tulsa, accommodations, transfers, breakfast program, allowing Oklahoma Bar Association buffet and other amenities. See highlights of members to purchase licenses of the award- the current trip offerings at www.GoNext.com. winning WordPerfect® Office x3 at substan- Call Go Next toll-free at (800) 842-9023 for tially reduced prices. To place an order call more information and/or reservations. toll-free (888) 394-5181 or go to http://tinyurl. com/8zg95.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 131 OBA WEB SITES What Information Do They Provide? www.okbar.org www.oklahomafindalawyer.com

ᮣ The official Web site of the Oklahoma Bar ᮣ People from across Oklahoma visit this Web Association. It’s your one-click resource to all site every day in search of an attorney. How the information you need, including what’s can you get your name on this list for free? new at the OBA, ethics opinions, upcoming Signing up is easy – log into your account at CLE seminars, staff contacts, and section and my.okbar.org and click on the “find a lawyer” committee information. link. my.okbar.org www.okbar.org/research/links.htm

ᮣ On this site, you can do everything from ᮣ A quick way to find the Oklahoma Supreme changing your official address, enrolling in a Court (OSCN) Web site to look up Oklahoma CLE course, checking your MCLE credits and cases and statutes online. Also use it to find listing your practice areas on the Internet so the online site of the Court of Criminal potential clients can find you. The PIN num- Appeals or any of Oklahoma’s District ber required is printed on your dues state- Courts, hunt a state or federal agency, locate a ment and can be e-mailed to you if the OBA federal court site, find a municipal ordinance has your current e-mail address. or find the rules from local or federal courts. As a bonus there are many other links to assist in your legal and factual research. www.oba-net.org

ᮣ Members-only interactive service. Free basic service with premium services available to enhance the member benefit. Lawyers are empowered to help each other through online discussions and an online document repository. You must agree to certain terms and be issued a password to participate in OBA-NET.

132 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 OBA MEMBER BENEFITS

OBA Launches Fastcase Benefit By Jim Calloway

The Oklahoma Bar Association now offers ation,” said OBA President Stephen Beam. online legal research software as a free benefit “Legal research is something fundamental to to all OBA members. The OBA has contracted the practice of law, which makes this benefit with Fastcase to provide the member benefit so important to such a large segment of our for three years, which includes national cover- membership.” age, unlimited usage, unlimited customer service and unlimited free printing — at no cost to bar members, as a part of their existing bar membership. The benefit is national in scope, including more than just Oklahoma law. It includes cases from the U.S. Supreme Court from 1 U.S. 1 to present, the U.S. Courts of Appeal from 1 F.2d 1 A GROWING TREND IN NATIONAL to present, federal district courts from 1915 to BAR ASSOCIATIONS present, federal bankruptcy courts from 1 B.R. Fastcase was founded by two lawyers in 1 to present and courts from all 50 states back Alexandria, Va., in 1999. to at least 1950. “Since we started seven years ago, Fastcase In addition, the Fastcase service adds cases, has grown into one of the largest caselaw data- statutes, regulations, constitutions and court bases in the world,” said Fastcase CEO Ed Wal- rules from all 50 states and from federal ters. “We love being able to offer it through the sources. In many cases, the official versions of bar association — people get great use of the these materials are already available for free on service, and because it’s free, you can’t beat the the Web, and where they are, Fastcase brings cost.” them together for easy access from within the same site. The service also includes a compre- The company was started when Walters was hensive newspaper archive, which is searchable in practice in the Washington, D.C. office of for free and offers individual articles to Covington & Burling. “One of our larger purchase from $2-$5 per article. clients needed legal research for a project, but asked us not to charge them for the expensive The new member benefit is Web-based, so services our firm used,” Walters said. “When members don’t need to buy disks or download we couldn’t find an affordable alternative, software. It is accessible anywhere lawyers another lawyer at the firm and I decided have Internet access, 24 hours a day, seven to leave and build the better alternative days a week — at the office, at home or on the ourselves.” road. The service is updated daily and includes both official citations and citations to A few months after that project, Walters and commercial reporters — both at the header of Phil Rosenthal (the company’s president) left to the case and within the case for “star start Fastcase, which now has more than pagination.” 240,000 subscribers worldwide. “Because Oklahoma lawyers supported the “Fastcase levels the playing field between dues increase in 2005, the OBA is in sound small firms and large firms, providing every- financial condition. This new benefit is a direct one the kind of access to the law that only the result of that member investment in our associ- largest firms have enjoyed,” said Rosenthal.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 133 “It’s a great complement to FASTCASE FAQs the terrific services offered through OSCN. Now all Why am I having trouble logging in? lawyers, from the biggest Fastcase is a member benefit of the Oklahoma Bar Association, and you can only access your firms to the most remote subscription through the OBA Web site — www.okbar.org. Under the Fastcase logo on the solo practitioner, will have right side of your screen, log in by entering your username (OBA number) and password PIN the entire national law for the myokbar portion of the OBA Web site. (Your OBA password won’t work on the Fast- case.com Web site.) If you’re having trouble with your OBA password, you can contact the library right on their desk- bar at (405) 416-7068 during regular business hours. tops.” What’s the easiest way to get started? “We have launched simi- Once you’re logged in, Fastcase’s tutorial is a great place to start. It lasts about six minutes lar benefits in Florida, Illi- and covers most Fastcase features. You will find it under Help, Tutorials. nois, Virginia, Louisiana, Maryland, Iowa and Mass- What Internet browsers are compatible with Fastcase? achusetts. We also Fastcase works in most major browsers, including Internet Explorer 6.0 or greater, Netscape launched in Tennessee on version 7.0 or greater and Firefox 1.5 or greater on PCs. Fastcase is also compatible with Mac Jan. 1, the same day as versions of Firefox, IE, Safari and Netscape. Oklahoma,” said Walters. SEARCHES “In those states, Fastcase has improved the quality What is the difference between keyword (“Boolean”) searches, natural lan- of the practice of law, by guage searches and citation searches? giving lawyers access to “Boolean” (or “keyword”) searches are familiar to most users of search on the Web. They more of the law, providing allow searchers to use terms such as AND, OR, NOT, ( ), “ “, to find cases germane to a research question. Using “w/n” between two search terms (where n is a number) will find smarter search tools, and cases in which the two terms appear within n words of each other. Fastcase uses the “implied allowing lawyers to do AND” search protocol, which means if there is no connector between search terms, it is treat- more research for pro bono ed as if the “AND” connector was used. For a complete list of Boolean operators, select and nonbillable work.” Boolean search on the Search screen and check the “Search Tips” box. USING THE FASTCASE Natural language searches are much less precise, but are a good place to start if you don’t have exact search terms. Natural language searches return the best 100 results for your BENEFIT search, even if some of your terms don’t appear in the results or even if more than 100 cases To use Fastcase, mem- contain your search terms. bers will go to the OBA Citation searches should be used when you know the exact citation of the case you are look- Web site – www.okbar.org. ing for. Be sure to put in the volume number, the reporter identifier and the first page of the Under the Fastcase logo case only (e.g., 700 F.2d 1). For more information, see the search tips, located underneath the search box, for a list of correct citation formats. on the right side of your screen, log in by entering How do I select a specific jurisdiction? your username (OBA A jurisdiction or court can be chosen by clicking on the radio buttons below the search box. number) and password To select a jurisdiction other than those listed on the page, click on the last radio button PIN for the myokbar “select jurisdiction.” Then expand one or all of the four menus and check off the boxes to portion of the OBA Web select your specific court(s). site. The service supports Where are the statutes, constitutions, regulations and court rules? keyword (or “Boolean”) In the navigation menu under the Fastcase logo, go to the Search menu to select your search searching, natural lan- type. Fastcase “frames” the official statutes, constitutions, regulations and court rules direct- guage searching and ly from the Web sites of federal and state legislatures and courts as a free convenience to its searching by citation. subscribers. Searches use terms and I’m not getting the results I expect with the w/n operator. connectors familiar to Fastcase is constantly improving its w/n feature (the “within operator”). However, there are users of most commercial two syntaxes that it does not yet support. Those syntaxes are listed below along with some legal research systems, so ways to reformat them to get results: no new training should be Incorrect Correct required to use Fastcase. In addition, there is a five- A w/3 (B OR C) (A w/3 B) OR (A w/3 C) minute tutorial available A w/3 (B AND C) (A w/3 B) AND (A w/3 C) on the site, which is a good introduction to Fastcase and a good brush-up

134 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 course on legal research (visit Help, Tutorials). RESULTS Some of the standout Can I Shepardize cases on Fastcase? features of Fastcase are its Fastcase’s authority check feature displays a list of citing cases as well as the text in which “best-case-first” ranking of the citation occurs. Fastcase does not offer Shepard’s authority checking system, which is a search results, which trademark of Shepard’s Company, a wholly owned subsidiary of Reed Elsevier Inc. works like Web search Additionally, both LexisNexis and Westlaw offer affordable online versions of their citators, engines like Google, and you can pay transactionally, usually about $5 per case: Yahoo! or MSN Search, Transactional Shepards: http://tinyurl.com/yabnof with the most relevant Transactional KeyCite: http://tinyurl.com/yajxf7 results at the top of the list. In addition, users can What is Authority Check? decide for themselves Authority check searches for other cases that cite your case and displays the results as a list which cases are most rele- of hyperlinked case names. This is a great research tool for finding related precedents or to vant, sorting by date, how help determine the continuing value of a case as a precedent. In addition, you can use often the case has been Authority Check on the Results page to sort search results in order of authority – with the most often-cited cases at the top of the list. Note that authority check only lists citing prece- cited in other cases, its rel- dents in the Fastcase database. evance score or even alphabetical order. And Fastcase does not hold Authority Check out as a complete replacement for services such as Shepards or KeyCite. Indeed, many Fastcase subscribers use the transactional Shepards or Fastcase displays informa- KeyCite services as a supplement to their Fastcase service. Searching for a few words in the tion about the cases in the heading of the case to find related precedent is recommended. Setting the results display to results list, including the show the most relevant paragraph will show you some of what each court said about your citation and either the case. most relevant paragraph or What is “Entire Database”? the first paragraph of the Entire Database is a part of the Fastcase Authority Check family, showing the number of case. “These features help times a case has been cited in the Fastcase database. The number will show as a hyperlink people find the needle in in the search results, allowing you to view later citing cases. You can also click on the col- the haystack,” Walters umn header on the results page to list the most cited cases first — a great way to read the said, “by sorting the most authoritative cases first. You can also find the feature at the top of your screen when haystack to put needles you’re looking at the full text of a case. first.” What is “These Results”? Fastcase also offers dual- These Results shows how often a case is cited within the super-relevant set of other cases column printing of cases, in the list of search results. In the peer group of search results germane to your research, the case cited most often should have a very high level of relevance and authority, and you in Word, PDF or WordPer- can sort your search results to bring those cases to the top of the list. fect-compatible Rich Text Format. The service offers LAW LIBRARIES phone support and a real- How current is the legal research database? time chat help support service. Fastcase updates its libraries daily, and it adds most appellate cases to the system between 24 and 48 hours from their release by the court. A full list of the currency of the system is “People really like the available. chat support,” said Rosen- Does my member benefit include newspapers? thal. “It offers fast, author- Fastcase offers newspaper searches through a partnership with NewsBank. Searching and itative answers to ques- getting abstracts of results is powerful, easy and free. You can also view the full text of any tions, right where people article for a transactional charge of about $3 per article. need the help. MISCELLANEOUS The Fastcase service has Why am I having trouble seeing everything on my screen? Why don’t I have been very popular in the scrollbars on the right hand side and bottom of my screen? states where it has been Fastcase is set to work on a default screen resolution of at least 1024 x 768 pixels. Some offered. Florida Bar Presi- users with screen resolutions set at 800 x 600 pixels, or with very small monitors, might dent Alan Bookman said have trouble seeing the entire screen. Clicking within a case and using your keyboard’s arrow the service provides his keys will allow you to scroll. However, the best way to resolve this problem is to readjust your bar’s members with screen resolution. For Windows, right-click on your desktop, click Properties. Select the Set- “immediate access to free tings tab, and under “Screen Resolution” slide the arrow to the right until the setting is 1024 legal research, the corner-

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 135 stone of a lawyer’s ability x 768 (or higher). Click OK and OK again to refresh the screen. Don’t worry that the screen to provide competent, goes blank for a few seconds — this is normal. For other operating systems, consult the help quality legal advice.” documentation that came with your computer to set your screen to a higher resolution Mike McKay, the past setting. president of the Louisiana I am looking for a case and I know the citation but I can’t find it. State Bar Association, calls There are two main reasons users might not find a case: 1) The case is so new that Fastcase it “our most important does not have the citation to the book yet. In this case, you might try searching by party name member benefit ever.” (Brown AND Board of Education); 2) The case is not in our database (a federal court of appeals case from before 1914, for example). Louisiana lawyers had more reason than ever last Why am I having trouble printing cases? year to like the service. Fastcase’s dual-column printing is accessible in the menu under its logo, by going to Docu- After Hurricane Katrina, ment, Print Document. The feature allows you to customize your display preferences and many lawyers in the state print the case to Word, PDF or WordPerfect-compliant RTF format and pops open the case had to evacuate their in a new window. From there, you can print or save the case to your computer. homes and offices. If you’re getting only one page of the case, you are probably printing from your browser Although many are only instead of using the Fastcase print utility. now returning to many If you’re being prompted to subscribe, or nothing happens when you’re printing, a pop-up parts of their practices blocker on your computer may be blocking the Fastcase print window. In that case, add Fast- they left behind, one thing case as a “trusted site,” telling your computer not to block the print window: Go to Tools, they did not have to leave Internet Options, Security. Click on Trusted Sites (the green checkmark) and then on “Sites.” Add the following site: https://www.fastcase.com to the “Add this Web site to the zone.” was their law library, since Click Add and OK. Click OK on the Internet Options page. all members of the state bar had online access How can I print statutes, constitutions, regulations and administrative through Fastcase, which codes? set up a special link when Fastcase’s dual-column printing is only available for cases in Fastcase search results. the state bar site was Statutes, constitutions, regulations and administrative codes should be printed with your Internet browser print function. If you care still having trouble printing statutes, constitutions, offline. regulations and administrative codes, trying copying and pasting the information into a word “There are so many ben- processing document and print from there. efits to having an online research service,” Walters said. “It’s a great complement for lawyers who already have a legal research system, and a terrific alternative for those who have been waiting for the right service at the right price. And it’s pretty hard to beat free.” Mr. Calloway is director of the OBA Management Assistance Program. What if I need more help? You can contact the Fastcase Customer Service Group toll-free at (866) 773-2782, or by e-mail at [email protected]. The customer service desk is open 7 a.m. to 7 p.m. (Central Standard Time) Monday through Friday and is offered free of charge as part of the OBA member benefit. Please note that Fastcase customer service representatives cannot answer legal questions or provide legal advice.

136 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 SCHOLARLY ARTICLE

Saint v. Data Exchange: A Sea Change or Business as Usual for the Public Policy Tort Exception to Employment At-Will? By Michael W. Bowling

n July 11, 2006, the Oklahoma Supreme Court answered a certified question posed by the United States District Court for the Northern District of Oklahoma. In the case O 1 of Saint v. Data Exchange Inc., the court determined that victims of employment-based age discrimination possess the right under state law to file a Burk tort claim for violation of public policy. Although simply and concisely stated, the under the operation of the Oklahoma Con- court’s eight-paragraph pronouncement prom- stitution, Art. 5 § 46 and the provisions of ises significant effects on employment litiga- the Oklahoma Anti-discrimination Act, 25 tion in Oklahoma, potentially opening new O.S. §§ 1101, et seq. and § 1901? avenues of recovery for some employment liti- A unanimous5 Supreme Court answered the gation plaintiffs and likely spurring waves of district court’s question in the affirmative. The briefing (and even further certified questions) court noted that it had answered the “self- as the bench and bar attempt to understand same question ... previously ... in the areas of Saint’s implications. race discrimination and sexual harassment.”6 The plaintiff in Saint claimed that she suf- Following its prior decisions in Collier v. fered age discrimination at the hands of her Insignia Financial Group7 and Tate v. Browning- employer, Data Exchange Inc. She brought a Ferris Inc.,8 the court determined that victims of lawsuit in federal district court, asserting a employment discrimination, including age claim under the federal Age Discrimination in discrimination, constitute a single “employ- 9 Employment Act (“ADEA”)2 and a claim for ment discrimination class.” Because the violation of Oklahoma’s public policy against OADA grants to victims of handicapped dis- age discrimination, as expressed in the Okla- crimination a private right of action and civil homa Anti-Discrimination Act (“OADA”).3 remedies, the court determined that such Because the OADA does not afford an age dis- rights and remedies must also be afforded to crimination victim a private right of action, the victims of age discrimination to avoid creating a “dichotomous division of members of the plaintiff brought a tort claim under Burk v. K- 10 Mart Corp.4 Data Exchange sought to dismiss same class.” Such divisions, according to the Ms. Saint’s state law claims, and the federal court, would “offend[] the [Oklahoma Consti- district court certified to the Oklahoma tution Article V,] § 46 mandated norms of uni- Supreme Court the following question: formity, symmetry and evenhanded treatment.”11 Thus, the court ruled that a victim of Is there either an implied statutory remedy age discrimination could bring a tort cause of or a common-law Burk tort remedy for action under the public policy exception to the state age discrimination claims arising at-will employment rule.12

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 137 The court’s answer to the district court’s plaintiffs asserting race, sex, color, religion or question was simple and concise. Yet, it leaves national origin claims in violation of Title VII unanswered a number of questions for could avoid the damages caps placed on Title employment law practitioners and fails to VII claimants20 by asserting pendent Burk pub- firmly establish the place of Saint among its lic policy tort claims. Procedurally, plaintiffs brethren in the court’s Burk tort jurisprudence. who want to avoid removal to federal court need only assert state law claims, as the state Prior to Saint, courts had regularly dismissed law remedies will equal, if not exceed, those the Burk claims of plaintiffs who also asserted available under federal law. federal employment law claims, determining that the federal remedies available to the plain- On the other hand, defendants in employ- tiff were adequate and thus precluded a Burk ment discrimination cases could argue, based cause of action.13 These dismissals were based upon the court’s failure to mention either Clin- upon the Oklahoma Supreme Court’s deci- ton or List, that the Saint case has not changed sions in Clinton v. State of Oklahoma ex rel. Logan the landscape of litigation under Burk at all. County Election Board14 and List The basis for this position lies v. Anchor Paint Manufacturing in the court’s relatively recent Company.15 These two deci- pronouncement in Clinton, an sions held that, where an opinion signed by four of the employment discrimination Procedurally, same justices who concurred victim possesses “adequate” in the Saint opinion.21 remedies under federal or plaintiffs who want to

In Clinton, the court held state law, she could not recov- that the existence of an ade- er under the Burk public poli- avoid removal to quate federal statutory reme- cy tort.16 In fact, the List deci- dy precluded a plaintiff from sion specifically held that the “federal court need “ 22 pursuing a Burk tort claim. In ADEA provides adequate reaching this holding, the remedies to a victim of age only assert state law court did not overrule or dis- discrimination and thus miss its conclusions in Collier declined to extend Burk to that claims, as the state or Tate. Instead, the Clinton context.17 court gave context to these Surprisingly, although both law remedies will prior opinions. The Collier decisions appear to stand in opinion, according to the direct opposition to Saint, the equal… court, focused solely upon the Saint court fails to mention adequacy of the state statutory either Clinton or List,18 leaving remedy, a remedy that the practitioners to wonder if Saint is intended to court had found lacking.23 Collier, though, was mark a fundamental shift by the court away silent as to the effect of an adequate federal from these prior rulings or to be read alongside remedy on the viability of Burk claim, leaving and together with them. In fact, the Saint opin- the Clinton court to clarify any confusion ion provides support for both perspectives. caused by that silence.24 In the wake of Saint, plaintiffs are likely to Interestingly, the Saint case also fails to argue that both Clinton and List have been address the effect of an adequate federal reme- overruled and that all victims of employment dy upon a Burk public policy tort claim. discrimination prohibited by the OADA may Although this issue was raised directly by bring causes of action under Burk. This reading Data Exchange, at no point does the court of Saint will provide plaintiffs with an oppor- explicitly speak to this contention.25 As a result, tunity to pursue a wider array of damages the Saint opinion can be read in the same man- than those permitted under federal law. The ner as Collier was read by the Clinton court — ADEA, for example, limits its remedies to back an opinion solely on the adequacy of the state pay, liquidated damages, front pay, and attor- remedy for age discrimination. This conclusion neys’ fees and costs.19 Under a Burk cause of is buttressed by the framing given Saint by the action, however, a plaintiff could seek com- court: an opinion to be read alongside Collier pensatory and punitive damages in addition to and Tate; in fact, one that answers the same wage damages and attorneys’ fees. Moreover, question posed in those two cases.

138 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 From this point of view, Saint has not upset the previous balance. Rather, it has reaffirmed that the OADA’s remedies are inadequate for Your Mom most forms of employment discrimination, while leaving untouched the formula provided Always Said by the Clinton court for analyzing Burk claims, a formula that ultimately denies Burk remedies Nothing In Life to those plaintiffs who possess an adequate federal statutory cause of action. Is Free…

1. 2006 OK 59, 145 P.3d 1037. 2. 29 U.S.C. §§ 621-633a. 3. 25 O.S. §§ 1101 et seq. 4. 1989 OK 22, 770 P.2d 24. 5. Eight of the nine justices concurred in the opinion written by Justice Hargrave, while Justice Kauger concurred in the result. See Saint, 2006 OK 59, ¶¶ 7-8, 145 P.3d at 1039. 6. Id. at ¶ 3, 145 P.3d at 1038. 7. 1999 OK 49, 981 P.2d 321. 8. 1992 OK 72, 833 P.2d 1218. 9. Saint, 2006 OK 59, ¶ 3, 145 P.3d at 1038. 10. Id. 11. Id. 12. Id. at ¶ 6, 145 P.3d at 1039. 13. See, e.g., Bradford v. Univ. of Okla. Health Scis. Center, CIV-05- 0624-HE, 2006 WL 1698480, at *2 (W.D. Okla. June 20, 2006); Hale v. MCI, Inc., CIV-04-1297, 2006 WL 223829, at *2 (W.D. Okla. Jan. 25, 2006); Bolin v. Okla. Conference of the United Methodist Church, 397 F. Supp. 2d 1293, 1299-1301 (N.D. Okla. Oct. 21, 2005). Sorry Mom. 14. 2001 OK 52, 29 P.3d 543. 15. 1996 OK 1, 910 P.2d 1011. 16. Clinton, 2001 OK 52, ¶ 9-10, 29 P.3d at 546; List, 1996 OK 1, ¶¶11-12, 910 P.2d at 1013-14. 17. List, 1996 OK 1, ¶¶ 11-12, 910 P.2d at 1014. 18. See generally 2006 OK 59, 145 P.3d 1037. 19. 29 U.S.C. § 626 (citing 29 U.S.C. § 216); Spulak v. K Mart Corp., 894 F.2d 1150, 1157 (10th Cir. 1990) (recognizing availability of front pay, in lieu of reinstatement, under ADEA). 20. See 42 U.S.C. § 1981a(a)-(b). Get your FREE 21. Compare Clinton, 2001 OK 52, 29 P.3d 543, with Saint, 2006 OK 59, 145 P.3d 1037. 22. Clinton, 2001 OK 52, ¶¶ 9-10, 29 P.3d at 546. listing on the 23. Id. at ¶ 7, 29 P.3d at 545-46. 24. Id. OBA’s lawyer 25. See generally Saint, 2006 OK 59, 145 P.3d 1037. listing service! ABOUT THE AUTHOR

Michael W. Bowling is an in- house legal counsel for Integris Health Inc., where he provides advice and counsel on labor and employment issues. Prior to joining Integris, Mr. Bowling was an attorney with the law firm of Crowe & Dunlevy PC in Okla- homa City. He received his B.A. in Russian and political science from Duke University and his J.D. from the University of Michigan. Go to www.okbar.org and log into your myokbar account. Then, click on the “Find a Lawyer” Link.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 139 SCHOLARLY ARTICLE

Saint v. Data Exchange Inc.: Discrimination Claims Return to State Court By Mark Edgar Hammons Sr.

n July 11, 2006, the Oklahoma Supreme Court, in a short and matter-of-fact opinion, held that victims of age dis- Ocrimination had a state Burk tort remedy notwithstanding that such discrimination was also covered by the federal Age Discrimination in Employment Act (ADEA).1 This brief holding generated a flurry of amicus briefs seeking reconsideration and reversal of that decision.2

Why such interest among employment precluded state law claims for age, race, gen- groups? Because the Saint holding will have a der, national origin or religious discrimination dramatic impact on the field of employment resulting in job termination. discrimination. Saint reverses the common understanding of most federal judges and That was too broad a reading of Clinton. Pre- defense counsel regarding the availability of viously, the Supreme Court had explained that state law remedies for discriminatory acts public policy torts extended beyond the which were also covered by federal law. parameters of age, race, gender and disability discrimination.6 Thus, Clinton was announcing In Clinton v. State ex rel. Logan County Election a general rule which by its own terms had to be Bd.,3 the Oklahoma Supreme Court held that tailored to the particular factual and legal the presence of an adequate federal law reme- issues presented on a case-by-case basis. In the dy must be considered in deciding whether an context of a general rule, Clinton assumed, but employee terminated for a reason violating did not decide, that Title VII remedies were suf- Oklahoma’s public policy would have an ficiently adequate to avoid inferring a state law 4 implied state law Burk remedy. “[T]he exis- remedy.7 Clinton cautioned that in applying its tence of a federal statutory remedy that is suf- rule the trial court must make an “initial ficient to protect Oklahoma’s public policy determination of the adequacy of the statutory preludes the creation of an independent com- remedy.”8 mon law claim based on a public policy exception to the employment-at-will doctrine.”5 This “initial determination” requires Because Clinton arose in a Title VII gender examining the surrounding statutory discrimination context, most defense counsel framework as well as judicial precedent. In and federal court judges believed Clinton Tate v. Browning-Ferris Inc.,9 the Supreme Court

140 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 held that the class of persons covered by Okla- The concept that employment terminations homa’s Anti-Discrimination Act constituted a wrongful under Oklahoma’s Anti-Discrimina- unified class which, under Okla. Const., Art. 5, tion Act (OADA) would give rise to a com- § 46, had to be accorded equal remedies. Since mon-law remedy was recognized in the root victims of handicap discrimination (one part of case of Burk v. K-Mart Corp.13 Later, in Tate, that class) were expressly afforded a remedy,10 supra, the Oklahoma Supreme Court expressly other members of the class (age, race, gender, recognized that race discrimination and retali- national origin and religion) were entitled ation for reporting race discrimination would to the same remedy provided handicap be the basis for a Burk tort. This holding was discrimination victims: premised not only on the OADA14 but also on the Okla. Const., Art. 5, § 46, mandate of [T]o conclude today that the statute’s vindica- equality in treatment of members of the same tion regime for racial discrimination is indeed class. exclusive would render the Act’s remedies constitutionally infirm. Three years later the Supreme Court decided Brown v. Ford15 and concluded that the public . . .The Act here in contest [1989 version] does not provide a private right of action to a policy tort would be limited to those employ- person aggrieved by. . . discriminatory prac- ers having at least 15 employees as only tices if the Commission does not resolve the employers of that size were covered by the OADA.16 Next came Atkinson v. Halliburton claim to his satisfaction. In contrast, it does 17

afford a private right of action for discrimina- Co., which held that since the OADA required tion based on handicap [as of exhaustion of administrative 1990]. Were we today to remedies, persons seeking to

construe the statute as hav- pursue a Burk tort would also …the be subject to this exhaustion ing established the sole 18 remedy for racially dis- requirement. Atkinson criminatory practices, we court was asked to departed from Tate’s holding would create a dichotomous “ that exhaustion of administra- division of discrimination decide whether or not tive remedies was not 19 remedies contrary to Art. 5 § required. Though viewed by 46 of the Oklahoma Consti- “constructive discharge some as a retrenchment, those tution. There would be a decisions were merely refine- more generous remedy for was actionable under ments of the Tate decision and victims of handicap dis- served to ensure uniformity crimination than those state law. between the Burk tort and the who suffered from racial statutory provisions applica- discrimination. For reme- ble to handicap discrimina- dial purposes, discrimination victims. tion victims comprise a The real departure came with List v. Anchor single class. Our Constitution absolutely Paint Mfg. Co.20 where the court was asked to interdicts the passage of special law that decide whether or not constructive discharge would sanction disparate was actionable under state law. Instead of remedies for those who complain of 11 directly answering that question, the court employment discrimination. took the opportunity to decide whether an age- A federal remedy that might be “adequate” based discharge would be actionable. It had generally to vindicate other areas of public pol- seemed clear to most observers that age-dis- icy would not necessarily be adequate to meet crimination was just as actionable as race- this additional requirement of equal remedies. based discharge in light of Tate’s clear statement that the OADA established a public poli- At this point some background history is cy applicable to age, race, gender, national ori- necessary because, as Justice Opala noted in gin and religious discrimination victims — the his concurrence, “[t]here appears to be a lack of unified class created by the OADA.21 Nonethe- symmetry in this court’s extant Burk juris less, List held that there was no state-law rem- 12 prudence.” edy. This decision was premised on the asser- tion that “[m]ost courts have refused to allow

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 141 common law retaliatory discharge actions In attempting to reconcile these prior deci- based on age or illness, saying that only a dis- sions, Justice Opala noted the court’s retreat charge arising from the employee’s acts, rather from conduct versus status distinctions and than his status, will support a common law summarized his understanding of the current retaliatory discharge cause of action.22 status of the “adequate remedy” exception to recognizing a Burk tort: “Because Mr. List’s statutory remedies are adequate and his common law claim is based The Burk liability for on-the-job sex dis- solely on his status, his statutory remedies are crimination, even when perceived to be exclusive.”23 These statements were directly status- or gender-based does not differ from contrary to the court’s recognition just months any act-grounded legal accountability. earlier of a status-based claim for handicap Whether act or status might be deemed discrimination in Atkinson as existing concur- implicated, the Burk claim’s actionable rently with the state (and federal) statutory character is anchored solely in the remedies. In drawing a status-based distinc- employer’s discharge that is in breach of tion, List ignored both Tate (the status of race) Oklahoma’s public policy for which (a) there and Atkinson (the status of disability). This is no statute-crafted remedy or (b) the “conduct versus status” distinction was criti- available statutory remedy is not cized as illogical in that it afforded a remedy co-extensive with that provided for like or for a person fired for protesting prohibited dis- similar work related harms.33 crimination while giving no remedy to the It is the latter portion of this statement which actual victim.24 provided the basis for the certified question in Only months after List, the Oklahoma Saint: Are the remedies of the ADEA (federal Supreme Court decided Duncan v. City of age discrimination) “co-extensive with that Nichols Hills.25 Duncan specifically reaffirmed provided for” victims of handicap discrimina- Tate’s guidance on statutory construction26 and tion? Justice Opala’s point was that in analyz- reaffirmed that state statutory remedies could ing the adequacy of the remedy, courts must be greater — but not less —than parallel feder- consider how similar groups are treated. In the al remedies for discrimination.27 In contrast, case of members of the same class, the court said nothing about its recent List Okla. Const. Art. 5, § 46 requires more than decision. adequacy — it mandates the same remedies be made available. Next came Marshall v. OK Rental & Leasing Inc.28 Marshall applied the List rationale in the It must be remembered that Tate’s interpreta- context of a sexually hostile work environment tion that Art. 5, § 46 required that the remedies claim. While generally following List, Marshall available under 25 O.S. § 1901 be extended to opined that “Oklahoma’s anti-discrimination all other persons covered by the OADA has statutes also provide adequate remedies.”29 never been questioned and had been repeated- This comment suggested the Supreme Court ly cited as good law.34 Clinton did not overturn might recognize an implied statutory remedy this holding nor question it but rather merely under the OADA as an alternative to a Burk directed courts to consider the adequacy of action. federal remedies in addition to those supplied by state law. Thus, nothing in Clinton suggest- David Russell, a United States District Judge ed that disparate, lesser remedies were consti- for the Western District, certified the question tutionally tolerable between members of what of implied statutory remedies in Collier v. has been judicially determined to be a “single, Insignia Financial Group.30 The decision in Col- unified class.” lier overturned in part List and Marshall31 and implied that in determining the existence of a In Saint, the argument was simply that as to public policy tort, courts must look to the ade- discrimination prohibited by the OADA, quacy of state — rather than federal — reme- everyone under the act was entitled to the same dies. That understanding continued until Clin- remedies as those provided for victims of hand- ton, which held that the adequacy of federal icap discrimination under 25 O.S. § 1901. Judge remedies must be considered in determining Sven Holmes, federal judge for the Northern whether a public policy tort would be recog- District, certified that question to the Supreme nized for a particular wrong.32 Court asking that the court explain its holding

142 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 in express reference to the requirements of law remedy for terminations when the Okla. Const. Art. 5, § 46.35 Because there were motivation was either age, race, gender, two avenues by which the Supreme Court national origin, religious discrimination or could reconcile its prior precedent (either retaliation for opposing discrimination.43 under the Burk doctrine or via an implied Now the following questions remain: What statutory remedy36), the certified question are the differences between the state law reme- asked the court to address both issues.37 dies and their federal counterparts? How far The Supreme Court summarized the dispute does Saint extend the state law remedies? The as follows: remainder of this article will attempt to answer those questions. Ms. Saint asserts that the Oklahoma Statute creates a unified class of persons THE CONTOURS OF A BURK who are the victims of handicap, race, gen- ANTI-DISCRIMINATION CLAIM der or age discrimination therefore requiring equal remedies for all of those persons While Saint does not address the specific dif- under Art. 5 § 46. Ms. Saint asserts that the ferences between state law and federal claims remedy provided for victims of age dis- of discrimination, there is substantial guidance crimination under the federal statutes is available from its rationale as well as from less generous than the remedy provided prior decisions of the Oklahoma Supreme for victims of handicap discrimination Court. Thus, I will offer my prediction on the under 25 O.S. 1901 and therefore the following issues: ADEA does not provide a Constitutionally • Differences in coverage adequate remedy. The Defendant asserts • Individual liability that the ADEA remedy is adequate and • Exhaustion requirements therefore, that no state remedy should be • The statute of limitations implied.38 • Application to the state and the In its opinion, while not addressing these governmental subdivisions specific differences between the ADEA reme- • Attorney’s fees availability dies and those available under state law, the • Burden of proof court settled on using a Burk remedy39 and • Available damages pointedly stated: • Who determines damages This self-same question has previously • Wrongs covered been addressed by this Court in the areas Differences In Coverage of race discrimination and sexual harassment. In both of those cases we found that There are significant differences in the cover- a common-law Burk tort remedy was avail- age of the OADA versus the companion feder- able to plaintiff as such violations create al statutes as well as traditional Burk torts. dichotomous division of members of the The OADA covers all employers having at same class, which offends the § 46 mandat- least 15 employees44 but it also covers, ed norms of uniformity, symmetry and without a minimum number, employees of a 40 evenhanded treatment. “contractor or subcontractor. . . furnishing the To eliminate any confusion, the court material or performing work for the state or expressly reaffirmed its holdings in Collier governmental entity or agency of the state,”45 (gender-discrimination) which held that the employment agencies46 and labor organiza- court must avoid “the pitfalls of according tions.47 “Indian tribes [and] a bona fide mem- asymmetrical remedies to members of a single bership club not organized for profit” are not class of employment-discrimination victims”41 covered.48 The difference between state and and in Tate (race discrimination) which held federal coverage is most obvious in the context that “[o]ur Constitution absolutely interdicts of ADEA coverage where the federal law the passage of special law that would sanction requires 20 employees while the state action disparate remedies for those who complain of requires only 15. As to this matter, Judge Ralph employment discrimination.”42 In light of the Thompson of the Western District of Okla- arguments presented, this language should homa had previously predicted that there leave no room for doubt that there is a state would be a public policy remedy under state

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 143 law for employers having at least 15 but less plete reading of the state statute. As explained than 20 employees.49 in Collier, there is a marked difference between the classes of wrongs covered by the OADA Under the Burk doctrine, wrongful termina- and the set of remedies available: tion actions are limited to at-will employees. Employees who are not at-will have been Central to the assessment of the remedial excluded from this protection50 on the basis schemes provided for by the act is the that they have adequate alternative remedies. language of 25 O.S. 1991 § 1001, which 25 O.S. § 1901, however, applies to all employ- provided in pertinent part: ees whether at-will or not. Because of the A. The general purposes of this act are requirement for symmetry among members of to provide for execution within the the class, it would appear that this special, con- state of the policies embodied in the stitutional variant of the Burk doctrine would federal Civil Rights Act of 1963, the apply to all employees. federal Age Discrimination in Employ- Individual Liability ment Act of 1967, and Section 504 of the federal Rehabilitation Act of 1973, Neither the Oklahoma Supreme Court nor to make uniform the law of those states the Court of Appeals has yet determined which enact this act, and to provide whether agents of employers who discriminate rights and remedies substantially equiva- may be held liable individually for their dis- lent to those granted under the federal Fair criminatory or retaliatory acts. Under federal Housing Law. [Emphasis added (by the law it is clear that there is no individual liabil- court)]. ity of corporate officers and employees for discriminatory actions.51 The federal rule devel- Construction of this language leads oped at a time when “a successful Title VII inescapably to the conclusion that while plaintiff was typically limited to reinstatement the Legislature meant to incorporate the and back pay as potential remedies, i.e., to policies of Title VII (among other federal equitable remedies which are most appropri- acts), it intended that the act’s primary ately provided by employers, defined in the remedial scheme be that afforded by the traditional sense of the word.”52 That rule was Fair Housing Law. . .59 continued because when Congress added com- While it is unclear whether this may be pensatory relief in 1991, it did not further viewed as an intention to incorporate federal amend Title VII to provide for individual 53 Fair Housing Law remedies into the remedial liability. scheme for employment discrimination vic- In contrast, Burk torts from their inception tims, it is worth noting that individual liability have always provided legal rather than equi- is the rule under the Fair Housing Law.60 table relief.54 Such torts were viewed as com- 55 It is doubtful, however, that the question of mon-law tort actions and under the common- individual liability should be decided on a law rule an agent is liable along mere analogy to federal law. with his or her employer for The Supreme Court has care- wrongful conduct even if that fully explained that there are conduct is carried out at the It is doubtful, 56 significant differences employer’s behest. This has between these two bodies of been called a “general, if not however, that the law. For instance, tort reme- 57 universal rule, of torts.” dies under the OADA may be It had been argued, and question of individual greater than those provided accepted by some judges, that “ by federal law61 and, in the because one purpose of the “liability should be context of defenses to Burk OADA, 25 O.S. §§ 1101, et seq, claims, the court has rejected is “to provide for execution decided on a mere “the wholesale adoption of within the state of the policies federal law of employment embodied in the federal” acts,58 analogy to discrimination” into Okla- individual liability would not homa’s law of wrongful dis- be available for state law torts. charge.62 That, however, is an incom- federal law.

144 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 The proper basis for deciding this issue must aggrieved, after receiving a right-to-sue be by statutory construction because “[u]nder notice, to bring a civil action only ‘against Oklahoma law, the legislative intent of a par- the respondent named in the charge.’ 42 ticular statute must be ascertained from lan- U.S.C. § 2000e-5(f)(1). If the Oklahoma guage of the statute.”63 As to handicap discrim- legislature had not intended to authorize ination (and generally throughout the OADA), suits against individuals it could have the term “employer” is specifically defined to used the term ‘employer’ rather than “include an agent” of the employer64 and a ‘person,’ or tracked the Title VII language “person” is defined to include not only busi- and authorized lawsuits solely against the nesses but “an individual.”65 In using these respondent named in the charge.69 terms, the Legislature wrote Sec. 1901 in a manner which clearly provides for individual An additional rule of construction favoring liability: individual liability is the Supreme Court’s admonition that in construing the OADA If a charge of discrimination in employ- common-law remedies should be preserved: ment is filed. . . and not resolved to the satisfaction of the charging party. . ., the By statutory mandate the common law charging party may commence an action remains in full force in this state, unless a for redress against any person who is alleged statute explicitly provides to the contrary. to have discriminated against the charging Oklahoma law does not permit legislative party and against any person named as abrogation of the common law by implica- respondent in the charge. . .66 tion; rather, its alteration must be clearly and plainly expressed. An intent to change “[I]n the absence of a contrary definition of the common law will not be presumed the common words used in a legislative act, we from an ambiguous, doubtful or inconclu- must assume that the lawmaking authority sive text. A presumption favors the preser- intended for them to have the same meaning vation of common-law rights. Where the as that attributed to them in ordinary and common law gives a remedy, and another is 67 usual parlance.” Thus, it must be presumed provided by statute, the latter is merely that the Legislature intended to allow suits cumulative, unless the statute declares it to be against two categories of individuals: those exclusive.70 who had “discriminated against the charging party” and “any person named as respondent Had the Legislature intended to abrogate the in the [administrative] charge.” A court “will common-law rule that employees are not apply a rule of construction [which would] concurrently liable along with the corporation render meaningless express provisions of the for acts of discrimination, it would have been act.”68 required to have expressly set that out in Sec. Although there has not been agreement in 1901, inter alia. Instead, the OADA appears to this area, Judge Joe Heaton of the Western Dis- preserve the common law rule that both the trict of Oklahoma has predicted that as a mat- agent and the employer are jointly liable for ter of statutory construction, Oklahoma would their wrongful acts. allow individual liability due to the wording of The author believes that individual liability 25 O.S. § 1901: is thus available under these actions. . . .The statute must be interpreted accord- Exhaustion Requirements ing to its plain language. Lindsay v. Thiokol Corp., 112 F.3d 1068, 1070 (10th Cir.1997) Sec. 1901 of the OADA requires that a hand- (few exceptions exist to court’s obligation icap discrimination victim file a charge of dis- to let plain language of statute control). It crimination with the Oklahoma Human Rights clearly authorizes a party who has filed a Commission (OHRC) before filing suit. The charge of handicap discrimination with the Supreme Court has already held that this Oklahoma Human Rights Commission administrative filing is a prerequisite for a Burk (‘OHRC’) to seek redress against the tort remedy for handicap discrimination.71 As a named respondent and any person who matter of procedural symmetry, an administra- allegedly discriminated against the party. tive filing would be required for any of the This contrasts § 1901’s federal counterpart, other covered areas of discrimination. It can be which permits the person claiming to be stated with a high degree of confidence that

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 145 any person seeking to assert a state law age or within 90 days of receipt of a right-to-sue other discrimination claim must first file a letter.77 charge of discrimination. The OADA does not quite follow either of Furthermore, such filings must be made these systems. Under the OADA, a party is within 180 days rather than the 300 days avail- allowed to file suit within two years of the fil- able for an EEOC action. Although an employ- ing of a timely charge of discrimination, sub- ee has “the advantage of the extended 300-day ject, as explained above, to waiting 180 days period to file her federal claims with the for the investigation of the charge. Thus, the EEOC...her state claim is barred by the normal two year statute of limitations applies 180-day filing period, and is not affected by the and the accrual or commencement of that peri- extended federal filing period.”72 od runs from the filing of the charge of dis- crimination78 — not from the wrongful act nor Does that filing have to be with the OHRC? from the end of the 180 investigative/ No. A filing with the EEOC is sufficient, conciliation period. because the EEOC and OHRC have entered into a work share agreement under which each Application to the State and Governmental agency is deemed the agent of the other for the Subdivisions purpose of filing and processing covered This issue was settled in Duncan v. City of charges of discrimination. Because of this Nichols Hills, which addressed the liability of agency status, a filing with the EEOC is governmental subdivisions for handicap dis- deemed a filing with the OHRC. The EEOC crimination under the act.79 Duncan found an always gives notice to the OHRC of its filings irreconcilable conflict between the OADA and and allows the OHRC the opportunity to 80 73 the Governmental Tort Claims Act (GTCA). investigate the charge. A timely filing with In response to that conflict, the Supreme Court the EEOC will, therefore, satisfy the held that the OADA was the more specific administrative prerequisite for a Burk statute when it came to discrimination and antidiscrimination tort. retaliation and therefore the OADA superced- Is a right to sue letter necessary? In EEOC ed and controlled claims brought against the proceedings, the agency is allowed 180 days state and its subdivisions as to such matters: (60 days under the ADEA) to investigate the We find it apparent from the language of matter. Until this 180 day period expires, no the two acts that the legislature intended suit can be brought unless a right-to-sue letter the Governmental Tort Claims Act to apply is issued prior to the expiration of that period. to tort actions brought against the state or The OADA has an equivalent time provision in a political subdivision, whereas the Okla- 74 25 O.S. § 1901, but there is no provision for a homa Anti-Discrimination statutes were right to sue letter or for early termination. intended to provide redress for the types of Nonetheless, a right to sue letter or other discrimination embodied in the federal action ending the administrative proceedings Civil Rights Acts, even where the action is should allow a suit to be filed even when the brought against the state or a political 180 period has not elapsed. This should be true subdivision.81 because under the futility doctrine: “the law does not require one to do a vain or useless In short, the court held “that the notice pro- thing or to perform an unnecessary act to visions of the Governmental Tort Claims Act obtain relief.”75 are preempted with respect to claims brought under” the OADA.82 Furthermore, the damage The Statute Of Limitations limitations under the GTCA are preempted by 83 The normal statute of limitations for tort the OADA. actions is two years from the accrual of the Although Duncan was decided solely with cause of action.76 Under Title VII (gender, race, reference to handicap discrimination, the hold- national origin and religion), the ADA (disabil- ings in Tate, Collier and now Saint, that ity) and the ADEA (age), a party must file a Okla.Const. Art. 5, § 46 requires equal reme- charge of discrimination within 300 days of dies to all persons covered by the OADA any discriminatory act (except for hostile envi- would mandate extending Duncan’s rule to the ronment cases), and then suit must be filed rest of the persons covered by the OADA.

146 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 That does not mean, however, that all indi- While a factor may be a cause without viduals who engage in discrimination will be being significant, only the establishment of entitled to indemnification under the GTCA. [the factor] as a significant cause is suffi- The GTCA forbids indemnification of employ- cient to support a prima facie case of ees who have engaged in discrimination based [wrongful] discharge.90 on “race, sex or national origin,” but there is no prohibition against indemnifying employees Thus, “the ‘determining factor’ test [used for who engage in age or religious discrimina- federal claims] is a more stringent test than the tion.84 Since the OADA does not speak to ‘significant factor’ test” used for Oklahoma 91 indemnification, the GTCA is likely to control public policy claims. that area. Available Damages Attorney’s Fees Availability Under a Burk tort, “[r]ecoverable damages “Under the ‘American Rule’ governing the including punitive damages in such actions are award of attorney fees to a prevailing party, governed by our statutory and common law attorney fees are not ordinarily recoverable in principles of tort liability.”92 Actions arising the absence of a statute or an enforceable con- under the OADA represent a special species of tract.”85 Tort actions, which include Burk torts,86 Burk torts and the damages there must be the are generally subject to this rule.87 In this case, equivalent of those statutorily provided in 25 however, the remedies are shaped by the O.S. §1901(C). That section provides that: requirements of Okla. Const., Art. 5, § 46 which [T]he aggrieved party shall be entitled to requires complete symmetry of the remedies. nominal or actual damages. Actual dam- Under this standard, a right to recover attor- ages shall include, but are not limited to, ney’s fees should be available for the limited reinstatement or hiring, with or without class of Saint torts brought under the OADA. backpay, or any other legal or equitable This was implicitly addressed in Saint where, in addressing the available remedies under relief as the court deems appropriate. Back Sec. 1901, the court set out the entire statute pay liability shall not accrue from a date including the attorney’s fee clause.88 more than two (2) years prior to the filing of the charge with the Oklahoma Human Burden of Proof Rights Commission. Interim earnings or amounts earnable with reasonable dili- The burden of proof is more generous to vic- gence by the person discriminated against tims of state law discrimination than to federal law claimants. Under state law, a party need shall operate to reduce the back pay other- only prove that the discriminatory factor was a wise allowable. No order of the court shall significant factor rather than a motivating or require the hiring or reinstatement or pro- determinative factor: motion of an individual, or the payment to him of any back pay, if such individual was The plaintiff would, of course, have the refused employment or advancement or burden to prove that a significant reason for was suspended or discharged for legiti- his discharge was racial discrimination or mate reasons other than discrimination on retaliation for the exercise of rights under account of handicap. Title VII. See Thompson v. Medley Material Handling Inc., Okla. 732 P.2d 461, 463 This statutory provision is slightly different (1987), where we required the same stan- that the normal common-law rule for tort dam- dard of proof for retaliatory discharge in a ages which govern other Burk torts. Under the statutory retaliation claim.89 significant factor rule, the presence of other legitimate factors is no defense to liability. The meaning of the “significant factor” rule Under the statute the presence of other legiti- for Oklahoma cases has been explained in mate factors may be raised as a defense to back Elzey v. Forrest: pay, hiring or reinstatement but not to other The significant factor test has been compensatory damages such as emotional dis- explained by the Sixth Circuit Court of tress or punitive damages. Unlike normal tort Appeals, as imposing a more lenient stan- actions, available relief in a Saint tort includes dard than the `but for’ test, but requiring a equitable relief. The damage caps provided by showing of more than a mere causal link. Title VII and by the GTCA do not apply.93

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 147 Who Determines Damages occurred is an objective one which assays the complained of employer’s conduct In federal court issues of front pay, and through the eyes of a reasonable person sometimes back pay, are determined by the standing in the employee’s shoe and applies to court as an equitable issue.94 Under state law all constructive discharges pressed under the issue of lost wages and front pay have tra- the Burk tort’s guise. The focus of today’s ditionally been a part of the legal relief deter- test is upon the impact of the employer’s mined by juries.95 The Court of Appeals in Pet- actions, whether deliberate or not, upon a tit v. Dolese Brothers Co. held that “front pay” is ‘reasonable’ employee. The test requires a jury question: the trial court to inquire (1) whether the . . .There is no authority in Oklahoma to employer either knew or should have suggest that issues of prospective relief are known of the ‘intolerable’ work conditions solely for the trial court to decide because and (2) if the permitted conditions were so they are equitable in nature. Quite to the intolerable that a reasonable person subject contrary, it seems that the question to them would resign. This imposes upon whether an employer is so hostile to a for- the trial court the obligation to survey the mer employee. . . that the remedy of rein- totality of the circumstances which statement is not appropriate, is more a allegedly prompted the constructive dis- matter for the jury to decide upon proper charge, including (but not limited to) the instruction after hearing the evidence ‘frequency of the discriminatory conduct; which the discharged employee and the its severity; whether it is physically threat- employer are allowed to place before ening or humiliating; or a mere offensive them.96 utterance; and whether it unreasonably interferes with an employee’s work per- The jury’s function in determining lost formance.’ If the employer’s behavior is so future earnings in wrongful termination cases 97 objectively offensive as to alter the condi- has been codified in OUJI CIV 2d 21.7(B). tions of the plaintiff’s employment (caus- More importantly, the handicap discrimination ing the employee to resign), a retaliatory act expressly provides that “either party in any constructive discharge can be said to have such action shall be entitled to a jury trial of 98 occurred and may serve as a predicate for any facts in dispute in the action.” Clearly, bringing a Burk-type claim, assuming the questions as to the entitlement to and amount tort’s other preconditions have been of front pay or back pay are fact questions. satisfied.100 Because of the requirement of symmetry in the treatment of all members of the class, there This test is considerably more lenient than should be no dispute that these issues are for that imposed by federal law. Federal law limits the jury’s determination. Although the right to constructive discharge to situations where the a jury trial in federal court is governed by fed- employee had “no choice” but to resign.101 eral rather than state law, Oklahoma’s charac- Other actions such as a discriminatory terization of this action as a refusal to hire have not been tort in which the monetary encompassed in a Burk tort.102 relief of past and future dam- In contrast, 25 O.S. § 1901 ages is legal would appear to Federal law expressly covers and provides require a jury trial on those remedies for discrimination in issues even in federal court.99 limits constructive “hiring.… or promotion… Wrongs Covered advancement or… 103 discharge to situations “ suspen[sion].” Although Burk remedies have only this is a major departure from been allowed for a wrongful “where the employee the traditional Burk doctrine, termination although this the mandate of remedial sym- includes the doctrine of con- had ‘no choice’ metry would seem to require structive discharge. As to con- a Saint remedy for all acts structive discharge: but to resign. encompassed in the statutory The test today adopted for remedy. Thus, there should be ascertaining whether a a Saint action available for dis- constructive discharge has crimination or retaliation in

148 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 hiring, discipline (at least if loss of pay is marily on the fact that in each case plaintiff had an adequate statutory remedy for the alleged wrongful discharge.” Id., ¶ 7; 29 P.3d at 546. involved) and promotions. Any lingering doubts that this is a dead issue should be extinguished by Saint which expressly allowed a claim for age discrimination CONCLUSION which, as List held, is based on status– not conduct. 34. See Cooper v. State ex rel. Dept. of Public Safety, 1996 OK 49, 917 Surprising as it may be, Saint’s short opinion P.2d 466, 468 and Baptist Medical Center of Oklahoma Inc. v. Aquirre, 1996 OK 133, 930 P.2d 213, 219 & n. 16, inter alia (both citing to Tate) should dramatically change the enforcement 35. 2006 OK 59 ¶ 0, __ P.3d __, 77 OBJ 2026. options to persons who consider themselves to 36. See Holbert v. Echeverria, 1987 OK 99, 744 P.2d 960 and Walker v. Chouteau Lime Co., 1993 OK 35, 849 P.2d 1085, 1086-1087. be victims of discrimination or retaliation 37. 2006 OK 59 ¶ 0, __ P.3d __, 77 OBJ 2026. based on age, gender, race, national origin or 38. Saint, ¶ 2. religion. Furthermore, Saint is likely to gener- 39. Saint, ¶¶ 0, 6, 77 OBJ 2026-27. 40. Saint, ¶3, 77 OBJ 2026. ate new rounds of litigation to definitively 41. Saint, ¶ 4 quoting Collier, supra, ¶ 14, 981 P.2d at 326. answer the questions presented in this paper. 42. Saint, ¶5, quoting Tate, supra, ¶ 18, 833 P.2d at 1230. 43. “The definition of ‘discriminatory practice’ includes an employer’s discharge or discrimination against an individual as to 1. Saint v. Data Exchange Inc., 2006 OK 59, 145 P.3d 1037, 77 OBJ terms or conditions of employment because of race, [25 O.S.] § 1302, as 2026 (7/15/06). well as retaliation against a person who opposes a discriminatory 2. The petitions for rehearing including the arguments of amici practice or who files a complaint pursuant to the statutes, id. § 1601.” were denied on Sept. 18, 2006, with all justices concurring. Tate, supra, 833 P.2d at 1220. Accordingly, “we give today a categori- 3. 2001 OK 52, 29 P.3d 543. cally affirmative answer to the question whether a racially motivated 4. Burk v. K-Mart Corp., 1989 OK 22, 770 P.2d 24. discharge or one in retaliation for filing a racial discrimination com- 5. Clinton v. State ex. rel. Logan County Election Bd., 2001 OK 52 ¶ 9, plaint offends a clear mandate of ‘public policy’ that comes within the 29 P.3d 543, 546, 72 OBJ 1933. protection of Burk.” Id., at 1225. 6. Collier v. Insignia Fin. Group, 1999 OK 49 ¶ 10, 981 P.2d 321, 324 44. 25 O.S. § 1301(1). (“Initially, it must be observed that the Burk tort encompasses a broad- 45. Id. er range of wrongful discharges than just those involving one of the 46. 25 O.S. §1301(2), §1303. There may be an issue about whether proscribed categories of discrimination articulated in Title VII or the the labor organization is an “employer” thus requiring fifteen (15) Oklahoma Anti-Discrimination Act.”) employees, but it should be remembered that the statutory language 7. “Inherent in the certifying court’s question and statement of the defining employers also includes agents of an employer. case are the implications that. . . plaintiff has an adequate statutory 47. 25 O.S. §1301(3), §1304. See also the same caution in Note 39, remedy under Title VII of the Civil Rights Act of 1964, as amended.” above, regarding labor organizations. Clinton, 29 P.3d at 544. 48. 25 O.S. § 1301(1). The exemption for private organizations may 8. Clinton, ¶ 10, p. 546. be broader than that found in Title VII. That issue, however, extends 9. 1992 OK 72, 833 P.2d 1218. beyond the limits of this paper. 10. 25 O.S. § 1901. 49. Debrah L. Espen and Celeste Bagwell v. Soutwest Imaging Inc., CIV- 11. Tate, supra, 833 P.2d at 1227, 1229-30 (emphasis by the court) 03-1660-T (Order of July 16, 2004. 12. Clinton, Opala, concurring in judgment, ¶ 6, p. 548. 13. 1989 OK 22, 770 P.2d 24, 26 n. 4 (citing as one example of Okla- 50. McCrady v. Okla. Dep’t of Pub. Safety, 2005 OK 67 ¶ 13, 122 P.3d homa’s public policies limiting at-will terminations, “25 O.S. Supp. 473 (“Because McCrady is not an employee-at-will, he is not within the 1985 §§ 1302, 1505(c)(1) [defining as a] discriminatory practice for an class of persons who may bring a claim in tort for wrongful discharge employer to discharge an individual because of race, color, religion, based on the public policy exception to the employment-at-will rule, a sex, national origin, age or handicap.”) Burk action.”). 14. 25 O.S. §§1101, et seq. 51. Haynes v. Williams, 88 F.3d 898 (10th Cir.1996) 15. 1995 OK 101, 905 P.2d 223, 227. 52. Hayes, 88 F.3d at 901 (quotation marks and citations omitted). 16. 25 O.S. § 1301(1). 53. Hayes, 88 F.3d at 901. 17. 1995 OK 104, 905 P.2d 772. 54. “We recognize this new cause of action in tort.” Burk, 770 P.2d, 18. 905 P.2d at 775-76. at 28. 19. 905 P.2d at 775-76 (recognizing that ‘may’ is usually permissive 55. “[T]he Burk tort is firmly rooted in the common law”. Barker v. but nonetheless distinguishing Tate). State Ins. Fund, 2001 OK 94, ¶ 24; 40 P.3d 463, 470. 20. 1996 OK 1, 910 P.2d 1011. 56. “As the Restatement (Second) of Agency § 343 states ‘an agent 21. Tate, 833 P.2d at 1229-30. who does an act otherwise a tort is not relieved from liability by the 22. List, 910 P.2d at 1014. fact that he acted at the command of the principal or on account of the 23. List, at 1015. principal’.” Wathor v Mut. Assur. Adm’rs Inc., 2004 OK 2 87 P3d 559, 565 24. “Such a distinction would, for example, give a remedy to a per- n 3. son fired for opposing racial discrimination by his employer while 57. As to “[a] to corporate officers acting in a corporate capacity, offering no remedy to the actual victim of the discrimination.” Cassel the ‘general, if not universal rule,’ of torts is that they may be held per- v. WEBCO Indus., 942 F.Supp. 1409, 1412 n. 6 (N.D.Okla.1996) (quoting sonally liable for tortious conduct of the corporation that they directly Mark Hammons, The Evolution of Oklahoma’s Tort of Wrongful Ter- participated in or specifically directed others to carry out. 3A Fletcher mination, 67 O.B.J. 2871, 2875 (1996)). Cyc. Corp. § 1137, at 275 (Perm. ed. 1986).” McClelland v. Watling Lad- 25. 1996 OK 16, 913 P.2d 1303. der Co., 729 F.Supp. 1316, 1319 (W.D.Okl.,1990). 26. 913 P.2d, at 1306-07. 58. 25 O.S. § 1101. 27. 913 P.2d, at 1308, 1310. 59. Collier, 981 P.2d at 325. 28. 1997 OK 34, 939 P.2d 1116. 60. Holley v. Crank, 258 F.3d 1127, 1130-34 (9th Cir. 2001) (compiling 29. 939 P.2d at 1122. cases and citing to 24 C.F.R. § 103.20 as establishing individual liabili- 30. 1999 OK 49, 981 P.2d 321. ty under the Fair Housing Act). 31. 981 P.2d, 326 n. 20 (overruling in part Marshall). See also at 327 61. The Oklahoma Supreme Court has held that the state statute (Kauger, J., dissenting because “the majority opinion contravenes this must provide at least as much relief as that offered under federal law, court’s decisions in List v. Anchor Paint Mfg. Co., 1996 OK 1, 910 P.2d but there is no bar to the statute providing more relief than federal law. 1011 and Marshall v. OK Rental & Leasing Inc., 1997 OK 34, ¶ 23, 939 Duncan, supra, 913 P.2d at 1308 (“in enacting a remedy for employment P.2d 1116.”). discrimination, the Oklahoma legislature was bound to provide pro- 32. Clinton,¶ 9, 29 P.3d, at 546 (“we hold the existence of a federal tection equal to or greater than protection provided by the federal civil statutory remedy that is sufficient to protect Oklahoma public policy rights provisions.” (Emphasis added)). precludes the creation of an independent common law claim based on 62. Mosley v. Truckstop Corp. Of America, 1993 OK 79, 891 P.2d 577, a public policy exception to the employment-at-will doctrine.”). 583 (rejecting “the wholesale adoption of federal law of employment 33. Clinton, ¶ 12, 29 P.3d at 550. This was also stated by the major- discrimination” as part of Oklahoma’s law of wrongful discharge). ity: “While both List and Marshall discussed the status versus conduct Accord Buckner v. General Motors Corp., 1988 OK 73, 760 P.2d 803, 806. distinction, we view the holdings in those cases as being premised pri- 63. Duncan, 913 P.2d at 1306-07.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 149 64. 25 O.S. § 1301(1). whether it could have been anticipated or not.” OUJI Civ 2d No. 21.7 65. 25 O.S. § 1201(5). sets out the instruction for damages in a wrongful termination. 66. 25 O.S. § 1901(A) (emphasis supplied). 93. Duncan, 913 P.2d at 1309 (“We conclude that the same remedi- 67. State ex rel. Cartwright v. Georgia-Pacific Corp., 1982 OK 148, 663 al objectives underlying Oklahoma’s antidiscrimination statutes P.2d 718, 722. which require preemption of the Act’s notice provisions would also 68. Fine Airport Parking, Inc. v. City of Tulsa, 2003 OK 27, ¶ 20, 71 require preemption of the limits on damages as provided in [the P.3d 5, 17. GTCA at] 51 O.S. 1991, § 154.”). 69. Bob Marion v. Johnson Claim Service Inc., CIV-04-0864-HE (Sept. 94. See Denison v. Swaco Geolograph Co., 941 F.2d 1416, 1421-22 (10th 17, 2004), quotation from p. 3. Emphasis by the court, footnotes omit- Cir.1991) (age discrimination); Bartee v. Michelin N. Am. Inc., 374 F.3d ted. 906, 910 (10th Cir. 2004) (“A district court’s decision to award back or 70. Tate, 1992 OK 72, 833 P.2d 1218, 1225 -1226 (emphasis by the front pay under the ADA is an equitable one.”) and McCue v. Kansas, court, footnotes omitted). 165 F.3d 784, 791-92 (10th Cir. 1999) (construing back and front pay as 71. In enacting the OADA “[t]he legislature intended not only to equitable remedies). But compare Great-West Life & Annuity Ins. Co. v. combat discrimination, but also to provide the enforcement mecha- Knudson, 534 U.S. 204, 218 (2002) which suggests that back pay is tra- nisms necessary to do so.” Atkinson, 905 P.2d, 775. “The language of § ditionally a legal remedy and is only considered equitable in Title VII 1901. . . supports the conclusion that exhaustion of the administrative jurisprudence because of the statutory language defining remedies. remedies provided in § 1901 is a condition precedent to filing a civil 95. See Complete Auto Transit Inc. v. Reese, 425 P.2d 465, 469 action for redress.” Id., at 776. (Okla.1967) (“an unemployed plaintiff is entitled to recover for loss of 72. Forcum v. Via Christi Health Sys. Inc., 2006 OK CIV APP 77, earning capacity, despite inability to show specific loss of earnings”) and King v. City of Guymon, 523 P.2d 1154 (Okla.App.1974) (“loss of ¶¶11-12, 137 P.3d 1250. earning capacity is compensable even though one is unable to show a 73. 29 C.F.R. § 1601.13(a)(4)(B). specific loss of earnings”). Accord Muskogee Electric Traction Co. v. 74. 25 O.S. §1901(A) (If the charge of discrimination “is not Eaton, 49 Okl. 344, 152 P. 1109 (1915). resolved to the satisfaction of the charging party within one hundred 96. 1997 OK CIV APP 46 ¶ 18, 943 P.2d 161, 166. eighty (180) days form the filing of such charge, the charging party 97. The jury “must determine...: The loss of earnings in the future may commence an action” in court for redress.) that [plaintiff] would be reasonably likely to suffer as a direct result of 75. Apache Corp. v. State, 2004 OK 48, ¶ 9, 98 P.3d 1061, 1064. This the discharge, if [he/she] used reasonable diligence in finding employ- issue is not free from doubt. The “futility doctrine” does not apply if ment of comparable quality as the employment with [defendant];. . .” the requirement is statutory. In the author’s view the one hundred 98. 25 O.S. § 1901(B). eighty (180) day period is not mandated in the sense of being a mini- 99. Int’l Fin. Servs. Corp. v. Chromas Techs. Can. Inc., 356 F.3d 731, 735 mum time before filing suit but rather serves as a deadline for the (7th Cir. 2004) (explaining the standards to be used in deciding when administrative agency. there is a right to a jury trial in federal court). 76. 12 O.S. § 95(3). 100. Collier, ¶ 10, 981 P.2d at 324. 77. Forcum v. Via Christi Health Sys. Inc., 2006 OK CIV APP 77, 137 101. “Constructive discharge occurs when an employer deliberate- P.3d 1250. ly makes or allows the employee’s working conditions to become so 78. Duncan, 913 P.2d, at 1305 -1306 (“Section 1901 of the anti-dis- intolerable that the employee has no other choice but to quit.” MacKen- crimination statutes creates a private cause of action for handicap zie v. Denver, 414 F.3d 1266, 1281 (10th Cir. 2005). employment discrimination and specifically requires any action 102. See Williams v. Dub Ross Co., 1995 OK CIV APP 9, 895 P.2d 1344 brought in district court pursuant to Section 1901(A) be brought with- and Sarsycki v. United Parcel Serv., 862 F. Supp. 336 (W.D. Okla. 1994) in two (2) years of the filing of a charge with the OHRC.”) (both refusing to extend the Burk doctrine to cover wrongful refusals 79. 1996 OK 16, 913 P.2d 1303. to hire). Davis v. Bd. of Regents, 2001 OK CIV APP 65, ¶ 8 25 P.3d 308, 80. 913 P.2d at 1305-06. 310 (Okla. Ct. App. 2001) (limiting Burk tort to discharge claims and 81. 913 P.2d, at 1308 (emphasis supplied). holding that transfers and demotions were not actionable). 82. 913 P.2d, at 1309. 103. 25 O.S. § 1901( C), describing available remedies. 83. 913 P.2d at 1309 (“We conclude that the same remedial objectives underlying Oklahoma’s antidiscrimination statutes which require preemption of the Act’s notice provisions would also require preemption of the limits on damages as provided in [the GTCA at] 51 ABOUT THE AUTHOR O.S. 1991, § 154.”). 84. 51 O.S. § 162(B)(4)(e). 85. Barnes v. Okla. Farm Bureau Mut. Ins. Co., 2004 OK 25, 1 94 P.3d Mark E. Hammons Sr. has been 25, 26 n. 1. the principal in his law firm of 86. “We recognize this new cause of action in tort.” Burk, 770 P.2d, Hammons, Gowens & Associates at 28. 87. Olansen v. Texaco Inc., 1978 OK 139, P47, 587 P.2d 976, 988 (pre- since 1976 with a practice prima- vailing party attorney fees are not generally available in tort actions). rily in federal court in the areas of 88. Saint, ¶ 2, n. 2 setting out in full 25 O.S. §1901 including sub- part (D) providing for attorney’s fees. civil rights, employment discrimi- 89. Tate, supra, 833 P.2d at 1230 n. 69 (emphasis by the court). nation and administrative law. He 90. 1987 OK 58, 739 P.2d 999, 1001-02. Accord Wallace v. Halliburton regularly appears before the 10th Co., 1993 OK 24, 850 P.2d 1056, 1059 (“an employee does not have to meet a `but for’ standard [however] the evidence must do more than Circuit and presents appeals to the Oklahoma show that the filing of the claims was only one of many possible fac- Supreme Court. He earned his B.B.A. degree from tors resulting in his discharge”). 91. Bentley v. Cleveland County Board of County Comm’rs, 41 F.3d 600, OU and his J.D. degree from OCU. He is past chair 606 (10th Cir.1994) (noting the difference in the proof required for a of the Oklahoma Trial Lawyers Employment federal claim versus a state law claim). Litigation Section. 92. Burk, 770 P.2d, at 28 n. 10. The general right to recover damages for a tort is set out in 23 O.S. § 61 and “is the amount which will com- pensate for all detriment proximately caused [by the wrongful action],

150 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 SCHOLARLY ARTICLE

An Architectural Icon The Oklahoma Western District’s Federal Courthouse By Barbara Snow Gilbert

ts construction survived politics, brothel busting and a little 1950’s style prudery. Now nearing its 50th anniversary, IOklahoma City’s federal courthouse is an underappreciated reflection of its times.

1959 – Only in retrospect is it possible to see in Cuba, putting U.S. soil within easy missile that relatively quiet year as a tipping point. On range of a communist bloc state. And the first the surface, 1959 was all about style, speed and two Americans died in action in Vietnam. progress. “Barbie” made her debut. Cadillacs In short, while on the surface 1959 seemed to sported fins suggesting supersonic speeds. The be all about stylish exuberance, it was in fact a microchip was invented. year in which the first “Old Glory” added two tremors of the monumental stars. Oklahoma City — political and cultural shifts with its endless acres of which would soon openly annexed land for the fracture American society anticipated suburban sprawl could be felt. Perhaps more which was mostly still to than any other governmen- come — perfectly tal body, it would fall to the exemplified America’s federal courts to preside optimism. over the fractious ’60s. Thus, But 1959 had a more sober it was appropriate for rea- side, too. Downtown Okla- sons which no one attend- homa City was at the mid- ing dedication ceremonies point of the country’s longest could then have guessed, running racial sit-in.1 Choices that in 1959 the cornerstone for half the population were was set in Oklahoma City extremely limited: in 1959, for a new United States the University of Okla- courthouse. homa’s law school graduat- Funding ed a class of 88, only two of whom were women; “girls’ By the mid-1950’s, Okla- sports” was an oxymoron. homa City’s federal courts had completely outgrown Not only domestic issues their home in the tradition- threatened the status quo in al, Corinthian-columned 1959. Castro came to power “Unity” figures at east entrance building still known as “the

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 151 old post office building.” But needs are not Cook lived in fear of a news story announcing always met, and the memories of those working “The federal government’s newly acquired with the federal courts at the time confirm the brothel business....” Fortunately for Judge Cook, consistent impression that it was Tenth Circuit the headlines never materialized and the hotel Court of Appeals Judge Alfred P. Murrah who was eventually condemned and boarded up. was the real mover behind the new courthouse.2 ARCHITECTURE Of course, funds for federal courthouses are appropriated by Congress, not judges. It was Bill Gumerson, now owner of his own “design fortunate for the new courthouse’s chances that and build” firm and son of courthouse architect in the mid-’50s, Oklahoma Dow Gumerson, was 11 or 12 was a solidly “blue state.” The years old when his father closed Democrats were running his Enid office and moved his

Congress and not only was the only problem family and architectural firm to Oklahoma’s congressional Oklahoma City to work on the delegation almost thoroughly with this plan was that courthouse project. With 157,757 Democratic, it was also thor- square feet of floor space,4 the oughly powerful. A list of the one of the businesses “ building had a 1959 price tag of Democrats representing Okla- $7 million, the equivalent of homa at the time makes the “operating on the land $46,900,000 in today’s dollars.5 point: Sen. Robert S. Kerr and Architect Dow Gumerson Sen. Mike Monroney; repre- included a hotel of designed and engineered the sentatives Ed Edmondson, building, working with Dave John Jarman, Toby Morris, questionable repute. Benham of Benham Engineering Tom Steed and Carl Albert, Company and Affiliates.6 the latter already a member of the House leadership, serving According to the younger from 1952 until 1962 as major- Gumerson, the original architec- ity whip.3 tural plans showed no windows. A windowless building might have been cut- Even after the money was appropriated for ting-edge architecture at the time but more real- the courthouse, however, there were real fears istic heads prevailed and the plans were revised that the building might not materialize. The to include windows although, as built, the win- Republican administration (Eisenhower) was dows are small given the scale of the building. pushing economization measures and the court- The final architectural plans are dated April 23, house’s appropriation was set to expire auto- 1959. A whopping 25 contractors took them out matically if condemnation proceedings were not with an eye toward submitting bids which were finalized within a certain period of time. With opened in Dallas in June of that year.7 Construc- tension in the air, it fell to Senior United States tion time was estimated at two years.8 District Judge H. Dale Cook, then serving as first assistant United States attorney for the Western And what was the result of all that time and District of Oklahoma, to complete the necessary money? A currently under-appreciated building “takings” proceedings before United States Dis- which today, like much other mid-century archi- trict Judge Stephen S. Chandler. tecture, many people love to hate. Bill Gumer- son is a straight enough talker to put it bluntly: It was a tricky assignment. For one thing, “The ’50s were a time of ugly architecture.” No Assistant U.S. Attorney Cook was under one else polled about the courthouse went that instructions to take title to the allotted half-block far, but comments ranged from “nondescript,” of land in the name of the United States quickly to “concrete box,” to “at least it’s better than so that the appropriation would not expire. He Tulsa’s federal courthouse.” Perhaps Dow was also instructed, however, that the United Gumerson’s own description is the preferred States was not to take actual possession of the one. In a 1959 article he described the building’s property until construction was ready to start. “new look” as “dignified contemporary style.”9 This was so that businesses located on the property could operate as long as possible. The only None of the people interviewed for this arti- problem with this plan was that one of the busi- cle, most of whom were practicing law in one nesses operating on the land included a hotel of form or another in downtown Oklahoma City in questionable repute. Assistant U.S. Attorney 1959, recalls any reluctance on the part of the

152 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Oklahoma City bench or bar to abandon the modernism was the pre-eminent architectural Beaux-Arts classicism of the old post office design style, and for leaders of the profession it building and move across the alley to the new was really the only acceptable style. Architects federal courthouse.10 Magistrate Judge Ronald L. who worked in the modern movement’s Howland’s memory spans the move from one international, minimalist and brutalist building to the other. As a former clerk for Unit- styles designed simple, unornamented build- ed States District Judge Fred A. Daugherty, ings. Such buildings were often formed with Magistrate Judge Howland recalls that the new blockish, geometric and repetitive shapes courthouse was not yet open for business when like those which compose the federal Judge Daugherty was sworn into service as a courthouse. federal judge in late 1961, but that not long after Love it or hate it, the federal courthouse is that date the Western District moved.11 The undeniably boxy.17 But it is the heft of the build- records corroborate Magistrate Judge How- ing’s mass and its clean, straightforward (okay, land’s memory, showing the courthouse open boxy) lines which give the building its solemn for business by 1962.12 According to Magistrate character, appropriate for a courthouse. Judge Howland, there was Although difficult to appre- no controversy over the ciate unless viewed as a courthouse’s boxy style. whole from a distance, the Instead, he remembers courthouse’s front (north) everyone’s excitement facade is a symmetrical over coming to court in composition consisting of a the state-of-the-art build- center section faced in ing which downtown granite and set off with ver- lawyers referred to as tical limestone dividers. “heading up the hill.” These dividers contrast (Perhaps only in Okla- with the granite and serve homa could the rise as a modern version of between downtown and pilasters.18 The center sec- federal court be described tion is flanked by undeco- as a hill.) rated side sections whose One of the building’s smooth limestone finish is most substantive innova- punctuated by rows of win- tions was that it provided dows. large pre-trial conference Bill Gumerson states that rooms for each district his father was concerned judge.13 In 1959, pre-trial that the large scale of the conferences, with their federal courthouse not potential for streamlining overwhelm the old post cases and settlement, were office building immediate- a relatively new concept Use of polished surfaces at front entrance: ly to the south. The two being pushed by the West- black marble, granite, glass and aluminum buildings share the same ern District judges.14 city block, and architect According to the upbeat Gumerson may have kept patter of one article, the more than the idea was that these large rooms, “[m]uch on the scale of the old post office building in mind order of a library” and “adjoining [each judge’s] when he drew his plans. Like the courthouse, office,” would be furnished with “comfortable the facade of the old post office building is com- easy chairs that encourage informality.”15 posed of a center section flanked by two side Sounding more like a resort lobby than a court- sections and its center section is decorated with house conference room, the pitch may have classical pilasters. come across as a little too luxurious because the pre-trial rooms were a hard sell in Washington.16 The courthouse’s glass and marble entrance is set off by limestone walls on either side, erected The lack of controversy over the building’s in a saw-tooth pattern. Viewed from the street, design is understandable when the building’s these walls form accordion-style “pleats” with architectural context is considered. In 1959,

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 153 their “folded edges” To take best to the street, a fea- advantage of the ture which adds American walnut movement and tex- wood which Dow ture to the facade. Gumerson hand- The effect is that of a picked on that tightly spaced, con- Savannah trip, a temporary colon- labor intensive nade. process called “matchbooking” Although some was used to install accuse the court- the walnut veneers house of reminding which still adorn the them of nothing so main courtrooms. much as a bomb Matchbooking (also shelter, this particu- known as book- lar criticism is ironic. Destruction of the Murrah Building left a panoramic matching) is a time- The building served view of the Federal Courthouse to anchor the Oklahoma consuming process as an actual bomb City National Memorial. which uses naturally shelter on April 19, occurring patterns to 1995, when the create designs. In the case of wood, for example, Alfred P. Murrah Federal Building was blown it is the grain which provides the patterns; in the up immediately across the street to the north case of marble, it is the veining. The process (see “A Special Word” at end of article). Almost requires cutting veneers and then slicing them all of the courthouse’s lights and windows were open butterfly-style, to create two mirror shattered, turning the small-scaled windows images. Professionals call the process “match- from mere design choice into a life-saving fea- booking” because the veneers are cut to open ture.19 While the force of the blast sucked like a book. The veneers must be sequenced in draperies out of the courthouse’s empty win- the order they were cut so that the craftsman dows to fly like surrender flags, no one in the who installs them can use the continuity of the courthouse died that day, and the building’s natural material to create symmetrical designs structure survived largely undamaged.20 which flow across the veneered surface. CONSTRUCTION AND MATERIALS Not only are all the walnut surfaces in the fed- Bill Gumerson recalls the building’s construc- eral courthouse matchbooked, so are all the tion years fondly, sounding surprised at how marbled surfaces. This must have been a monu- much he remembers. It must have been a boy’s mental task because the courthouse makes paradise, hanging around with his dad in the extensive use of black and white marble, most summertime while his father oversaw the proj- with a faint greenish hue. The walls of the lobby ect, moving constantly between the noisy con- on each floor are completely veneered in marble, struction zone and the Gumerson firm’s archi- and the public corridors are veneered four-sev- tectural office just a block away. Son Gumerson enths of the way up in the manner of wainscot- remembers his father traveling to Washington, ing. As a result of all the matchbooked marble, D.C., “to meet with the powers that be” regard- each floor has its own, dramatic personality. ing the building. He also remembers flying with Another example of the architect’s use of pol- his dad on his father’s “Bonanza” airplane to the ished natural surfaces is the building’s terrazzo lumber mill in Savannah, Ga., where his father floors, one of the building’s most unifying fea- chose the wood for the paneling in the court- tures. Terrazzo is composed of granite or marble rooms. The trip was an eye-opening experience chips mixed with a cementitious material. Bill for the young Gumerson because integration Gumerson remembers watching the workmen issues were, in his words now, “swelling up.” trowel the terrazzo on site.21 Terrazzo is back in He was shocked by the deep south’s in-your- fashion now, and the courthouse’s white and face style of segregation, with water fountains black terrazzo floors are a testament as to why. and restrooms marked “colored” or for “whites This lavish use of polished surfaces, both on the only.” building’s exterior and interior, lends a luxuri-

154 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 ant, streamlined style to the building’s heft and Whether it was the nudity, or whether it was sobriety. even this particular clay model which led to the controversy is a mystery. The newspaper article ART simply reports that the clay models for “Dynam- Architect Dow Gumerson let the building’s ic Justice” and “Civic Virtue” were yet to be sub- rich, sleek materials speak for themselves and mitted to the General Services Administration added almost no other ornamentation to the officials in Washington for their opinions.24 It building. What minimal decora- stated that, “[i]f they tion exists is found at the build- approve,” “the artist will go to ing’s entrances. The east and work with his hammer and west entrances are framed with The limestone chisel later this year.”25 It suf- repeating geometric designs fices to say that the figure pic- executed in aluminum, classic blocks, quarried from “ tured in the 1960 article does examples of modern architec- not appear in any of the fig- ture’s clean, uncluttered style. the same location as ures as they were ultimately The building’s only fine art con- rendered, all of whom are sists of two bas relief sculptures, “the building’s exterior clothed. each a grouping of figures Perhaps the interference carved over the courthouse’s veneers… with his artistic vision some- side entrances. what soured Frazier on the Bill Gumerson remembers his project and affected his father’s excitement over the progress. That is just a guess. choice of artists for these sculptures, Kansas- The next reference to the sculptures found in born Bernard Emerson Frazier. The younger newspaper archives is dated May 9, 1963, more Gumerson states, “it was a very big deal.” Fra- than three years after the article describing the zier was chosen for the federal building artwork meeting with the Lions Club. That headline over a dozen other sculptors who were under reads, “Artist Ready to Start U.S. Building Job.”26 consideration. At the time, he was sculptor in The story refers to “long-delayed friezes” and residence at the University of Kansas and was a quotes Frazier as stating that the sculptures former director of the Philbrook Art Center in “should begin taking shape within three Tulsa where he studied American aboriginal art weeks.”27 and started the annual national exhibition of The article also states that Frazier was com- painting by American Indians,22 influences missioned by the GSA to do the work for which can be seen in the federal courthouse $30,000.28 By this time the sculptures had appar- project. ently morphed into their final form because the Dow Gumerson’s initial excitement over the sculptures had new titles, their final ones, and choice of Frazier may have waned during the were now referred to as “Destiny” (west period of time which Bill Gumerson describes entrance) and “Unity” (east entrance). The same now as “interminable” and “agonizing.” The article explains that Frazier had begun prelimi- limestone blocks, quarried from the same loca- nary preparations in December of 1962 “when tion as the building’s exterior veneers, waited he leaned a set of steps...against the Harvey dormant on the construction site for years. The [street] entrance,” and then proceeded to suffer wait may have been partially due to what Bill a heart attack.29 After that, the article reports Gumerson calls “a brouhaha” over one of Fra- deadpan, Frazier’s “carving assistant took a zier’s proposed, supposedly immodest, sculp- small job in Toledo.”30 tures. Whatever developments had turned a huge A March 23, 1960, newspaper article tells of federal commission for public art into a project Frazier’s meeting with Lions Club members to which an assistant would abandon for “a small display his clay models for the courthouse job in Toledo,” Frazier remained optimistic. “I project.23 The nude pictured in that article is so intend to be working vigorously in two or three abstracted that it is difficult to tell whether it is weeks,” he is quoted as saying in 1963, “and masculine or feminine. It is anything but erotic have the work finished before the first hard by today’s standards or, for that matter, by the freeze.”31 standards of classical art. But the view is frontal.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 155 Over two years after that and a female figure, both statement, on Aug. 2, 1965, facing south with the an article appeared in the female’s left hand out- Tulsa Tribune entitled, stretched through a blaz- “‘Freeze’ Put on Sculptor’s ing flame. An eagle is Work, OC Job Piecemeal.” perched at the couple’s The lead goes like this: back and gazes northwest. “When federal judges sug- Both sculptures are over gest you stop banging with 22 feet tall and protrude the hammers, you stop, up to 16 inches from the even if you’re a distin- building. “Destiny” was guished sculptor such as finished in 1967 and car- Bernard Frazier.”32 The ries the artist’s name and slogging pace was due to date inscribed at the lower the fact that Frazier and his right side. One suspects assistants were making so Frazier may have taken much noise with their air more joy in carving the hammers that the federal finish date than in carving judges had “ordered him” the images. to work only before 9 a.m. TODAY or after 5 p.m.33 Frazier was starting work around 5 a.m. Over the past two years, each day, laying off during and after four or five business hours and then attempts to find working again until 10 biodegradable chemicals p.m.34 Adding to the diffi- which would safely clean culty, Frazier stated that the mold and grime off “only rough work could be the courthouse’s Indiana done by artificial light limestone facade, the since the shadows could be An example of “bookmatched” marble courthouse’s exterior has deceiving.”35 Frazier had, now been extensively by then, spent the past 13 cleaned, restoring the months working just on stone’s original candle- the frieze above the east entrance.36 The artist light-colored depth and warmth. The walnut stated that he was “hoping the judges may relax paneling which Dow Gumerson chose by hand their ruling.”37 Whether they did or not, is not with his son at the lumber mill in Savannah has known. But it took another two years for the been stripped of its yellowed color and stained work to be completed. By then, Frazier — with back to its original tone. The ceremonial court- his assistants, scaffolding, air room has been extensively ren- hammers and night lights — ovated, and four of that room’s had become a downtown insti- five original skylights have tution. …courthouse’s been uncovered so that the large courtroom once again has

As finished, the east-side fig- natural light. ures include a western plains exterior has now been Indian chieftain looking north, The building’s updated tech- standing beside his princess. Of extensively cleaned, nical capabilities include a spe- the figures to the left of this “ cial hearing room for 10th Cir- Native American couple, one “restoring the stone’s cuit argument and other long wears a Puritan’s bonnet and distance hearings and confer- clutches a Bible, and one stands original candle- ences. The hearing room is with an opened left palm. equipped with video confer- These “Unity” figures were fin- light-colored depth encing equipment which auto- ished in 1966. The west-side matically tracks the speaker. sculpture, representing “Des- tiny,” is comprised of a male and warmth. All of the judges’ chambers have been modernized. The

156 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 once innovative pre-trial conference rooms have Author’s note: I am deeply appreciative to the been conformed to each judge’s individual many people who helped with this article by needs. In most cases the rooms do double duty allowing me to interview them and by other- as law libraries and informal meeting rooms. wise contributing to this project. I extend my Judge Stephen P. Friot, who uses part of his con- thanks to members of the Gumerson family, ference room as a dining room, states, “We’re members of the bench and the bar, federal court lucky to have this courthouse; current federal and general services administration employees, building standards would have put district and others, all of whom were very generous court judges in radically smaller spaces.” Final- with their time. ly, a new entrance is planned for the building. The current plate glass entrance will be bumped 1. The sit-in began at John A. Brown’s department store on Aug. 22, 1958 and did not resolve until June 23, 1961, when Brown’s agreed to end bias in its lunchroom and restrooms, and at its soda fountains. 2. Judge Murrah (age 32) was appointed United States District Judge by Presi- dent Franklin D. Roosevelt in 1936. Judge Murrah was elevated by Roosevelt again in 1940 when Judge Murrah was appointed to the 10th Circuit where he served as chief judge from 1959 to 1970. 3. In 1959, the only Republican member of Oklahoma’s delegation was Rep. Page Belcher. In 1975, John Jarman changed his party affiliation to Republican. Carl Albert became majority leader in 1962. He served as speaker of the United States House of Representatives from 1971 until 1976. 4. “Speed-Up in Cases Changes Court- room Style, New Federal Building Here to be Different,” The Daily Oklahoman, June 7, 1959, p. 11. 5. “Comparative value of the U.S. Dol- lar(Approximate),” http://mykindred.com/cloud/TX/Docu- ments/dollar, based on numerous indices including the Consumer Price Index, 1800- 1972, Selected Groups, and Purchasing Power of the Consumer Dollar, 1913-72 (1967 ‘ 100), per the Handbook of Labor Statistics, 1973. 6. “Speed-Up in Cases Changes Court- Workers restoring courthouse front façade room Style,” supra. 7. “Speed-Up in Cases Changes Court- room Style,” supra. 8. “Speed-Up in Cases Changes Court- out to meet the city’s sidewalk easement, pro- room Style,” supra. 9. “Speed-Up in Cases Changes Courtroom Style,” supra. viding a glass foyer with pedestrian doors fac- 10. Beaux-Arts architecture describes the academic classical architec- ing east and west. The original aluminum letters tural style taught at the École des Beaux Arts in Paris where the style originated. The style influenced American architecture for decades in which have marked the building’s entrance for both the late 1800’s and early 1900’s. Beaux-Arts architecture empha- almost a half-century will be remounted as sized mainstream Imperial Roman, Italian Renaissance, and French and Italian Baroque models of architecture. Exteriors were symmetrical. Inte- headers, street side on the new glass foyer to fin- riors included grand entrances and stairways reminiscent of palace ish off the updated look. designs. 11. Hoverson, Gayle, “History United States District Court Western All in all, Oklahoma City’s federal courthouse District of Oklahoma,” April 4, 1989, p. 24 (prepared for then Chief Judge Ralph G. Thompson as a special project for the Centennial Celebration of is in excellent shape as it approaches it own the 1889 Land run) states that Judge Daugherty was appointed to the mid-century mark. Although the building may federal bench by President Kennedy on Oct. 11, 1961. never again be as loved as it was when it was 12. Id 13. See “Speed-Up in Cases Changes Courtroom Style,” supra. first opened for business and lawyers headed 14. See “Speed-Up in Cases Changes Courtroom Style,” supra. “up the hill” to a gleaming new building of high 15. “Speed-Up in Cases Changes Courtroom Style,” supra. 16. “Speed-Up in Cases Changes Courtroom Style,” supra. style, it has been a faithful workhorse. Admit- 17. Even dean of mid-century American architecture Philip Johnson, tedly, there are buildings which are easier to who introduced American architects to the then revolutionary international style of glass and steel grids, admitted later in his career that he appreciate. But love it or not, the courthouse became bored with the box. “Architect’s Legacy Seen in Cities, Philip deserves recognition as an iconic example of Johnson, 1906-2005,” San Francisco Chronicle, Jan. 27, 2005, by John King, reporting death of Philip Johnson at age 98. King quoted Johnson’s own mid-century architecture which embodies both writing from 1994: “I was a devoted disciple of Mies [van der Rohe]...but the promise, and the seriousness of purpose, then I got bored with it,” Johnson wrote, “I’m a jumper-arounder any- which was 1959. how.” In the later stages of his career, Johnson entered a new phase,

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 157 working in the more eclectic and layman-friendly styles of post-modernism. 18. A pilaster is an upright architectural member which is rectangu- A SPECIAL WORD lar in plan, and is structurally a pier but architecturally treated as a column. With a capital, shaft and base, a pilaster usually projects one third of its width or less from the wall and may be load-bearing or merely When the Murrah federal office building applied as surface decoration. was constructed across the street to the 19. Nearly three-fourths of the injuries caused by the Murrah building bombing were caused by flying glass. A door in Judge Lee R. West’s north of the federal courthouse, chambers shows the trajectories of glass shards which tracked across it during the blast. Judge Tim Leonard keeps two arrowhead-shaped panoramic views of the courthouse were pieces of glass in his desk drawer as a reminder of the thousands of similar pieces which covered his chambers after the bombing. At the largely cut off. As a consequence of the moment of the explosion, Judge Ralph G. Thompson saw his chamber’s bombing, the federal courthouse’s archi- windows bend and break. He reports that “daggers of broken glass” flew by him to embed in interior walls located more than two dozen feet tectural structure and design are once away from the windows. The bench and counsel tables in Judge Stephen P. Friot’s courtroom (then the courtroom of Judge Wayne E. Alley) were again revealed. Bill Gumerson, son of damaged when light fixtures fell; that damage is now preserved under glass for historical purposes. architect Dow Gumerson, makes the 20. When pictures were removed from the ceremonial courtroom for point. “Before,” he states, “you could refurbishing projects, fine cracks attributed to the bombing were noticed in the walls. This relatively minor structural damage is remarkable given never see the federal courthouse build- the force of the blast, which mangled the building’s interior spaces and caused the building’s ceilings to fall, leaving several courtrooms open to ing.” After a pause, he continues, emo- the sky. 21. The work was done by Southwest Terrazzo Company, a business tion in his voice. “I am proud for my established by the DeGiusti family after the elder DeGiustis immigrated father that the building withstood the from Italy. Three DeGiusti family members are now Oklahoma City attorneys who practice law in the federal courthouse which an earlier blast and can now serve as an important generation of their family helped build. 22. “Symbol of Justice Changes,” The Daily Oklahoman, March 23, backdrop to what is there.” 1960, p.1. 23. Id. “Before,” refers, obviously, to a time 24. Id. 25. Id. before the bombing when the Murrah 26. “Artist Ready to Start U.S. Building Job,” The Daily Oklahoman, May 9, 1963, page unavailable. building still stood; “what is there” refers 27. Id. 28. However, an undated and apparently unpublished article in to the Oklahoma City National Memorial, courthouse archives states, somewhat ambiguously, that “both” sculp- a park-like open space of trees, grass tures were “commissioned for $13,000.” 20. “Artist Ready to Start U.S. Building Job,” id. and a reflecting pool. Dedicated to “those 30. Id. 31. Id. who were killed, those who survived, and 32. “’Freeze’ Put on Sculptor’s Work, OC Job Piecemeal,” Tulsa Tri- bune, Aug. 2, 1965, page unavailable (typographical error in original text those changed forever,” the memorial has been corrected). serves as a kind of town square. Its mood 33. Id. 34. Id. may have more in common with the 35. Id. 36. Id. repose of a cemetery than with the viva- 37. Id. ciousness of most town squares, but it is the spot Oklahoma City is known for ABOUT THE AUTHOR around the world, and it is a place where Barbara Snow Gilbert serves as people gather. If it is not quite at down- a judicial law clerk to United town’s geographical center, it is the city’s States District Judge Stephen P. emotional center. Buildings ring it like Friot. Formerly a shareholder sentinels, of which the federal courthouse with Crowe & Dunlevy, Gilbert is also a mediator and the author of is the most imposing and protective, both several young adult novels. Her literally and figuratively. It is a symbolic books have won state, national purpose which, in 1959, none of the peo- and international awards, including two Oklahoma ple responsible for the building’s exis- Book Awards. tence could have guessed, but one of which each of them would have been proud.

158 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 WORK/LIFE BALANCE

Resolve to Decide By Travis Pickens

“Resolution” is not a strong word anymore, or the non-profit where people who rarely especially when it comes to New Year’s resolu- make decisions or wield power are making all tions. We may as well use the words “mulling the decisions and wielding all the power may over” or “consider”: “I’m mulling over making not be fulfilling. If not, do what a friend I know my law practice more profitable,” or “I’m con- does. Along with a few others, he started his sidering changing jobs.” And usually, after Jan- own IRS-approved charity à la Bill and Melin- uary, the only people who use the word “reso- da Gates. They contribute money throughout lution” are legislators or tax evaders who try to the year, and have one meeting (drinks) at the record their own Constitutions with the coun- end, when they decide who ought to get the ty clerk. So, if we want to make real changes money. It may be a mutual friend who just lost we need to change the words we use. Use the her job or someone who just went through a word “decide.” divorce. They get a write off, they don’t have to listen to an aged flower child sob through a Decide to set goals, annually. After we grad- speech on urban blight and they don’t have to uate from law school and pass the bar exam, spend mind-flattening hours at fundraisers. the only other goal many of us have is to get a Improve as a person and an improved attorney job we can unashamedly tell to others. When will follow. that’s accomplished, some of us lean back in our chairs, cross our arms and say, “The rest is up to them.” I hope not, but I think that’s true of some of us. We may aspire and work toward “partnership,” whatever that means these days. Whenever that plateau is reached, many of us again lean back in our now better chairs, yawn, and then say, “Well, I can face the in-laws now,” and that may be it for the rest of our lives, keeping that position until we can quietly slow down to retirement. For some, retirement may be a goal too, but that is sort of like saying, “I really do not find my life or work very interesting, so I want to play golf, travel to Branson and look for sales at Home Depot.” Is that a “goal”? No, I Decide to advance professionally. Read arti- think that is a “reward” or a “glimpse of hell,” cles, develop a different but interesting niche depending upon your point of view. Set goals or begin speaking at seminars. Join your coun- every year. ty bar association. The meetings are well run Decide to improve as a human being. Get in and you meet the good guys and gals of the shape (okay, better shape). Find a cause out- profession. Above all, find or reaffirm your side yourself and contribute something. Two- true calling in the law. Without it, you are and-a-half-hour committee meetings at church doomed to a passionless career. The best way

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 159 to lose friends and influence is to hate your job, at home a day a week. Write your brief at the complain to everyone and to do nothing to park on a sunny afternoon. If you want, get the change it, sometimes for years. If you hate funky haircut and stylish clothing. Play your your job, chances are your co-workers and music at the office. Keep the law serious, but boss already know it, so move on keep the practice interesting. gracefully. Decide to maintain family Decide to get away, several relationships and friend- times a year. Most of us are ships. This takes time, but baby boomers, which means not squandering your family we like a little rush from time relationships and keeping a to time. Adrenaline does not few true friends means the begin to flow at the prospect difference between enjoying of fall foliage tours, or “Pot of life and simply enduring it. Gold” night at the country Decide to find and rely club. Decide to take a short, upon a higher power. You three- or four-day trip at least may choose a pyramid, the every two or three months, sun or one of the world’s and at least one extended great religions, but find it, vacation of 10 days or more commit to it and practice it. It every year. If long vacations is waiting for you, and it will to distant places are too hard make a difference in your life or too expensive to do, then that no other thing, job or take several, frequent, long

person can. It will take you weekends. You must, howev- outside yourself, provide the er, make them somewhere far balance and perspective you enough away that your mind need, fuel your desire to has left town with you, and change and sustain your you should make it a differ- efforts to change. It is the ent location every time, as most important decision you often as possible. You will “ will make, and it will influ- have a few places essential to ence all the decisions that fol- your emotional well being to low. It will make the differ- which you simply must return, Decide to get ence between a resolution but those places are few. and a decision, and that dif- Decide to adjust your perspec- away several ference means everything. tive. Decide that the law is sacred, but lawyers are not. times a year. We’re just the people who know the rules and argue as to how “ they are applied. Do not cloak yourself with the arrogance of the snotty tour ABOUT THE AUTHOR guide explaining the Picasso. Our job is to know the work, perform it well and generate Travis A. Pickens graduated respect and enthusiasm for the law. We should from the OU College of Law in not be a club, enamored with our exclusivity. 1984. He has a general litigation Simply put, revere the law, but not yourself. and business practice, and is one Decide to care about music and fun again. If of seven solo practitioners in the the last music you bought was produced in the Oklahoma City firm of Mitchell, 80s or before, try again. Sorry, Jethro Tull has Davis, Klein & Pickens. Mr. Pick- run its course. Have you heard of Ben Folds, ens vice chairs the OBA’s Jennifer Nettles or the Killers? Great music Work/Life Balance Committee, and he served as a abounds. delegate to the OBA’s 2006 Annual Meeting. He also served three years as the editor of the Oklahoma Inject some fun into your practice. That is County Bar Association Briefcase. why you became a professional, so you would have some freedom. Use your autonomy. Work

160 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 FROM THE EXECUTIVE DIRECTOR

Another Good Year By John Morris Williams

I have vivid memories from tary, but I could not think of a my childhood of “canned vegetable that would parlay as goods” neatly placed in the well as envy and pickled beets.) cupboards and cabinets of my Everything we did last year parents, grandparents and just looks like first-place winners. about everyone else in the com- Our leadership planted some munity. Now, those not familiar good seeds, cultivated the proj- with Mason jars and pressure ects well and when it came time cookers might think that a stock to harvest the benefits, they of metal cylinders containing sure look good on the shelf. food products is nothing to behold. I am talking about homemade pickled okra and “ green beans as pretty and green as money. I am talking about …to see the fruits the actual fruits of one’s labor being preserved and under of the labor of so pressure, sealed into a jar where the whole world could see the upon the cupboard and see it many people outcome. I am talking about well stocked. It was a good having pride in planting, culti- year. Bill Grimm has left us “ whom I love. vating and harvesting from the with the cupboard full, and the land. OBA preserves are as good as While these images of my any I have seen. The year is in childhood in Pontotoc County the can (my folks used Mason Many of you have seen differ- are fond now, the reality is that jars), the product is good, and ent times and different circum- planting a garden was not our members and Board of stances at the OBA. My view is about having bottled vegetables Governors should take pride in limited by my experience and sometimes by my position. on the countertop for show. It the way the outcome looks. However, this year I am was about surviving and hav- Financially, the OBA is sound intrigued as I was 40 years ago ing something to eat once the and has positioned itself to looking in my grandmother’s frost took the last of the fall gar- make needed renovations to the cabinet, to see the fruits of the den. The adults I grew up bar center without borrowing. labor of so many people whom around were parents and chil- We have completed two phases I love. Persons I have grown to dren of the Great Depression. of the building repairs with the love as if they were members of They knew what it was like to construction of the new my family. Being from a place be hungry and to have little else entrance and the new drainage like Stonewall you just assume than the clothes on their backs. system to divert flood waters everyone is family because And they knew how to can, to from the basement. Last year chances are that you were. preserve – to have something to the OBA hosted the National (Here I wanted to say some- show for their efforts. High School Mock Trial Cham- thing about us all being from pionship. The result was envy As we start a new year and Arkansas, but good taste would from other states that was as not allow such a detour.) the last frost has turned the red as pickled beets. (Actually, remnants of the fall garden they were just very complimen- brown, I am pleased to gaze

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 161 I am proud that our cupboard rain it looks like we will have is well stocked and that our another good crop next year. association is strong. To my Oklahoma extended family of Past Presi- Bar Journal dent Bill and his exceptional wife, Sharon, and the Board of Editorial Governors, I say thanks. You Calendar tended to the OBA garden faith- fully, and the harvests you brought in will sustain us for yet another exceptional year. It was a great year, and it was a To contact Executive Director 2007 Williams, e-mail him at really fun and exciting time to I [email protected] February be at the OBA. With the recent Child Custody & Visitation Editor: Luke Gaither [email protected] Deadline: Oct. 1, 2006 I March Fourth Amendment/Search & Seizure Editor: Jim Stuart [email protected] Deadline: Oct. 1, 2006 I April Law Day Editor: Carol Manning I May Estate Planning Editor: Mark Curnutte [email protected] Deadline: Jan. 1, 2007 I August Health Law Editor: Martha Rupp Carter [email protected] Deadline: May 1, 2007 I September Bar Convention Sandy Neal, Executive Editor: Carol Manning Assistant to the Executive Director I October Education Law Editor: D. Renée Hildebrant [email protected] Deadline: May 1, 2007 I November Technology/Practice Management Editor: Jim Calloway [email protected] Deadline: Aug. 1, 2007 I December Ethics & Professional Responsibility Editors: Dan Murdock & Gina Hendryx [email protected] [email protected] Deadline: Aug. 1, 2007

If you would like to write an article on these topics, contact the editor.

162 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 LAW PRACTICE TIPS

The Effective Tightwad Lawyer By Jim Calloway, Director, OBA Management Assistance Program

If you search Google for I started that program by imposed deadlines drive this the phrase “Technology for referring to three clichés: home to us again and again. Tightwads,” you get 81 “You never want to waste The solo or small firm “hits.” Most all of these are money.” lawyer, in particular, has written by or for members of much time taken up with the legal profession. I’m not “You get what you pay administrative and other sure if that says more about for.” non-billable tasks. Larger our thriftiness or our ability firms have more administra- to coin a good phrase. That “Time is money.” tive support for the lawyers, title has been used for a Lawyers appreciate all of but the lawyer to staff ratio group authored article in the these truisms, but are per- continues to shrink every American Bar Association’s haps most directly connected year, even in these firms. GPSolo magazine in 2000 and to the “time is money” con- Simply put, a good part of a presentation at ABA cept. Hourly billing, time law firm management is now TECHSHOW in 2002. sheets and externally- the balancing act of doing With the recent things yourself or paying announcement of others to do them free legal research for you. The advan- for Oklahoma Bar tage of doing it Association mem- yourself is that it is bers through our new done the way you arrangement with want it to be on the Fastcase (see article on first attempt and you page 133) and with have no out-of-pocket many facing holiday costs. The disadvan- bills, it seemed like tage is the drain on an appropriate time your limited time, to discuss cash-con- which needs to be serving ideas. After all, used to do billable one of the most important work for clients. sage bits of advice I can Obviously, hiring offer to lawyers opening up a others involves new law practice is “watch both cost and your overhead and try to supervisory keep it low.” duties. We did a program for the So the successful 2006 OBA Solo and Small tightwad has to incor- Firm Conference titled “A porate the value of his Short Guide to Being an or her time into any Effective Tightwad While money-saving equation. Managing your Law One cannot just look at Office.” money alone. There is a bal-

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 163 ancing act between saving A long time ago, technolo- Oklahoma City lawyer Ken money and spending time in gy consultant (and frequent Felker said we should be on many cases. Saving $50 by OBA Solo and Small Firm the look out for and take buying the cheaper product Conference guest speaker) advantage of discount is no bargain if that product Ross Kodner told me to sign coupons and offers at office costs an extra 15 minutes of up for every frequent flyer supply places like Office lawyer’s time each day. and hotel rewards program Depot, He bought a printer you can. I did, but I don’t So the challenge for the using a 15 percent off travel nearly as much as coupon, which resulted in lawyers seeking to econo- Ross. However, I got a sur- mize is to not be, as Benjamin quite a substantial savings. prise when checking into a The coupon was only good Franklin said, “penny wise Sheraton hotel recently. The and pound foolish.” for one day. He also noted ABA TECHSHOW is held at that entering into cooperative Most of us have a personal the Chicago Sheraton. I agreements with other history of both overspending always give them my Pre- lawyers in other cities to do and underspending. I decid- ferred Guest number. When routine filings and court ed to draw upon the wisdom checking in at another Shera- appearances for each other of the users of the OBA-NET ton, I gave them my number. on a reciprocal basis can save for some tangible recommen- The clerk announced that I time and gasoline. dations about being an effec- had achieved Gold status. tive tightwad. My room was upgraded to a Mark Robertson of Okla- different floor with access to homa City said his favorite Tulsa attorney Jody Nathan a lounge, free breakfasts, free tightwad trick is to use an pointed out that the paid fax bottled water in the room older printer for drafts and services can cost less than a and other complementary load it with previously print- business phone line. She said, services. ed paper (using the back “Myfax.com allows you to side). Please note that he fax all over the country dedicates an old printer to (maybe the world?) and you this. If you do it with your receive fax responses via e- Most of us only printer, M.C. Smother- mail. $10 a month includes mon noted that the ink may 100 sent and 200 received have a personal “ transfer to the paper feeding pages.” wheels in the printer causing Kim Spady of Hinton likes history of both black marks on the backs of faxing software: “I think documents. This idea gener- WinFax is a great tool, both “overspending and ated several comments with from a money-saving and the consensus emerging that time-saving standpoint. The underspending. it is really a waste of money fax comes through to the to use expensive bond paper computer, so I don’t have to for pleadings that just sit in a spend resources to print it if I court file. Many think bond don’t need a hard copy. I can Brande Kauffman also paper is waste of money for send faxes from my comput- noted that the barter system anything except perhaps er, so, again, no paper and can be a great benefit in the wills, trusts and other similar ink expense if I don’t need a right circumstances. She cau- documents. tions that you need to docu- hard copy. John Wylie from Norman ment these agreements in said, “I just bring home the Brande Kauffman of Nor- writing. Others responded man suggested joining all fre- that you need to be aware of ‘junk’ printed paper (super- quent “whatever” clubs. She the tax consequences of seded drafts, etc.) and let the mentioned that for copying, barter arrangements. It is kids use the reverse side for OfficeMax has a Perks club, best if the agreement sets a painting, drawing, etc. Of and the store will also give value for the services and/or course, you have to be sure you a free ream of paper products to be exchanged. you aren’t bringing home when you return your used anything with sensitive infor- printer cartridge to them. mation, etc.”

164 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Randy W. Henning of Nor- several Amazon boxes to dis- practice management and man mentioned cutting the card after the holidays. billing software package. To those who are true solos with used paper in half or quar- Kurt Pfenning of Norman ters and stapling or clipping noted that he often goes to no support staff, I have to in the corner to create do-it lawyer’s estate sales: “You deliver the message that they yourself notepads. can get some very cool vin- can not afford not to have this. Having practice man- Oklahoma City’s Valerie tage office supplies at estate agement software is like hav- Williford said, “Office share sales like real copper file tabs ing a virtual assistant, except with a lawyer or group of and deco staplers. If you that you can purchase it for lawyers who provide free must use bond paper it sells less than what you’d pay to Internet service, fax, copy for about 10 cents a ream at get a good assistant for a machine, etc.” those sales because nobody else wants it.” month. Your practice man- Carolyn Smith, frequent agement software can help OBA-NET contributor from Of course, the area where I you stay organized by keep- Ponca City, said, “Don’t buy feel that some lawyers are ing track of numerous bits of into the accountant’s hype often “penny wise and information for you. The pound foolish” is in the fail- that the more you spend, the same is true of billing soft- ure to invest in law office more you can write off your ware. The lawyer who technology infrastructure. taxes. If I don’t spend it, I keeps his or her time records The primary activity of law contemporaneously by typ- don’t have to earn it.” firms in most all practice set- ing them into billing software Someone told us that Okla- tings involves the processing has a much easier job getting homa City lawyer Jeff Lynch of information with prepara- the monthly bills out than the used to be the business man- tion of documents, reports lawyer who is contending ager for a small business. He and memoranda. Lawyers with many scraps of paper or always bought cheap pens (a who do not personally use incomplete records. The dozen for 99 cents) because computers think they are effective tightwad recognizes he found no one wanted being thrifty by continuing to that investing in proper tools those, so he didn’t lose them use Windows 98 well pass and training can be the as often. I disagree with Jeff the time it should be retired. thriftiest long-term approach. to a certain extent. I like But they may not appreciate ordering pens in bulk with how frustrating this is for I recently used the term the firm name and phone their staff and how produc- tightwad several times at the number printed on them and tivity is hampered using a New Lawyer Experience pro- system that takes forever to hoping that people take them gram. On one of the evalua- load documents or crashes with them. It is a cheap mar- tion forms, someone wrote several times a day. I’ve had keting investment. that he or she didn’t really more than one secretary or appreciate being called a That sparked another assistant tell me that having tightwad, but truly “just did- thought from M.C. Smother- to work on outdated comput- n’t have the money.” I hope mon: “By attending the OBA ers was a significant factor in that person is reading this. Annual meetings and OBA choosing to find new For those of us who are only Solo and Small Firm Confer- employment. This is especial- partially successful at thrifti- ences, I have managed to ly true today when a new ness, we tend to view the keep myself well-supplied computer costs several hun- term tightwad as an aspira- with pens, markers, notepads dred dollars rather than sev- tional goal and not a pejora- and numerous other assorted eral thousand dollars. You tive insult. “It’s all good.” goodies. All that, plus CLE should be able to compute and fellowship too.” the cost of having your well- So in closing, let’s all try paid staff waste 30 or 40 min- and remember Carolyn Obviously, shopping online utes per day.Having proper Smith’s words of wisdom: can be good for saving software is a similar area of “If I don’t spend it, I don’t money. I made good use of concern. I often hear from have to earn it.” Google’s Froogle during the solo lawyers that they simply holiday season and we had can’t afford a $400 or $600

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 165 ETHICS/ PROFESSIONAL RESPONSIBILITY

The Scout Law and the Road to Doing it Right By Dan Murdock, OBA General Counsel

During 2006, OBA Presi- concept about the effect this will greatly assist in insuring dent Bill Grimm graciously simple act had on my life. It our legal excellence. We need allowed me to use a paper he was neatly typed, signed by to make sure that it is the had prepared as the materials the young Scout, and it had intent of those standards that for several of the various con- the Scout seal imprinted on it we seek to follow. tinuing legal education pre- to make it look official. That sentations I made during the letter was certainly unexpect- I present a seminar in year. In that paper, President ed but very much appreciat- which I talk about “The Grimm related the similarity ed. It was also good business Cowboy Code.” Now I am of scouting character traits because I will certainly buy more familiar with “Scout and our concept of profes- from him in the future. I do Law.” We lawyers have our sionalism. The first thing a not think, however, that the rules of conduct and our aspi- Scout must learn is “be pre- business aspect was what this rational standards of profes- pared.” Our education and letter was all about. I think it sionalism. I certainly am not a experience should prepare us was all about this young role model. I try, but I have for a legal career. He also Scout learning about life and my shortcomings and do not quoted Scout Law which wanting to do what should always meet the standards states: “A scout is trustwor- be done. I am sure that his that exist. As I have said thy, loyal, helpful, friendly, parents and other adults, per- in another article in the courteous, kind, obedient, haps his Scout leaders, had Oklahoma Bar Journal and in cheerful, thrifty, brave, clean some influence on him, and previous CLE presentations, and reverent.” Although what a positive influence it is. never a Scout, I always knew I do not know how many of all of this is not about perfec- of and had heard of those the traits mentioned above tion but the realization of our traits. I assume many of you were covered by his actions, imperfections and our intend- did as well. I knew that those but it was clearly his intent to ed goal to meet the expecta- standards were the basic comply with the intent of tions of that which is required guidelines for the behavior Scout Law. of us. and attitude of all Scouts. Our Standards of Profes- Perhaps I am becoming too Late last fall I bought pop- sionalism as adopted by our philosophical. I have never corn from a young Scout Board of Governors on Nov. pretended to be a scholar. I whom I did not know but 20, 2002, and by the Okla- write what I feel. Make sure who lives nearby in the homa Judicial Conference on what is important in life is neighborhood. That occur- Dec. 20, 2002, tell us that important in your life. The rence is not uncommon for these standards are not paper written by Bill Grimm most of us. However what intended to be used as a basis is, in part, titled “The Road to occurred thereafter is uncom- for discipline or for establish- Doing It Right...” This young mon. Shortly after I received ing standards of conduct in Scout is well down that road my popcorn, I received a very an action against a lawyer. in his life. Why don’t we fol- nice thank you note signed But such as the Scout Law low his path? by the young Scout. This provides guidance to scouts, young Scout has no idea or these standards, if followed,

166 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 BOARD OF GOVERNORS ACTIONS

December Meeting Summary

The Oklahoma Bar Association Board of Governors met at the Oklahoma Bar Center on Friday, Dec. 8, 2006.

REPORT OF THE REPORT OF THE VICE dentials Committee, Resolu- PRESIDENT PRESIDENT tions Committee, General Assembly and House of Del- President Grimm reported Vice President Conger egates. He also attended the the Communications Task reported he attended numer- swearing in of Judge Jerome Force survey of all bar mem- ous events at the OBA Annu- Holmes, presented the budg- bers is in the mail and on the al Meeting in Tulsa. et and strategic financial Web site. He said he plan to the Oklahoma received notes of apprecia- REPORT OF THE PRESIDENT-ELECT Supreme Court and met tion regarding the new OBA with the contractor and Medal of Valor Award and President-Elect Beam architect. He participated in from visiting bar presidents. reviewed the 2007 meeting a staff directors meeting and He expressed pleasure at schedule and January festivi- staff Annual Meeting serving during the year as ties surrounding the Jan. 19, debriefing. OBA president. At the Annu- 2007, swearing-in cere- al Meeting he attended the monies. He reported he had BOARD MEMBER president’s reception, past dinner with the Supreme REPORTS presidents’ dinner, breakfast Court, presided at the House with keynote speaker Arthur Governor Bates reported of Delegates and has worked she attended events at the Miller, plenary and joint countless hours on appoint- Oklahoma Judicial Confer- OBA annual convention, ments. He attended various Board of Governors meeting ence session, annual lunch- meetings during the OBA eon, Oklahoma Bar Founda- in Tulsa, investiture for Annual Meeting, OBF meet- Jerome A. Holmes, Okla- tion Board of Trustees meeting, Custer County Bar ing, Board of Governors homa County Bar Associa- Association meeting, OBA tion board meeting and alumni reception, OBA and CLE seminar in conjunction OBF reception and presi- OCBA holiday reception. with the Hornets game, Governor Caudle reported dent’s prayer breakfast, at Jerome Holmes investiture, which he introduced guest he and his wife enjoyed meeting with Justice Win- hosting the visiting bar pres- speaker Dr. Mouzan Biggs. chester, OBA budget hearing He also presided over the ident from Arkansas and his before the Supreme Court, wife at the bar convention. General Assembly and had Custer County bar Christ- lunch with visiting Arkansas At the OBA Annual Meeting mas party, OBA employee he attended the Board of Bar Association President appreciation lunch and and Mrs. Jim Sprott. In Okla- Governors meeting, General many meetings with OBA Assembly, House of Dele- homa City he attended the staff members. OBA staff appreciation gates as a delegate, Resolu- luncheon, Oklahoma County REPORT OF THE tions Committee meeting, Bar Association holiday EXECUTIVE DIRECTOR State Legal Referral Service Task Force meeting, dinner party, Hartzog Conger Executive Director Cason & Neville holiday with board members and Williams reported he attend- Supreme Court justices, party and OBA holiday ed the OBA Annual Lun- party. president’s prayer breakfast, cheon, meetings of the Rules OBA annual luncheon, OCU and Bylaws Committee, Cre- law school annual luncheon

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 167 and reception for Justice Legal Referral Service Task tials Committee, General Watt. He also attended the Force meeting, dinner with Assembly and House of Del- Oklahoma County Bar Asso- board members and egates. He also attended the ciation holiday reception Supreme Court justices, ceremonial swearing in of and OBA staff appreciation Board of Governors meeting, Judge Jerome A. Holmes and luncheon. Governor Chris- General Assembly and the Oklahoma County Bar tensen reported she attend- House of Delegates meeting, Association holiday recep- ed events at the OBA con- OBA YLD Fellows breakfast, tion. Governor Reheard vention including the reception for Justice Watt reported she attended the OBF/OBA Just Desserts and Board of Governors dinner with Supreme Court reception, YLD casino night, alumni reception. He con- members, OBA Annual Jon Parsley for president ducted the General Practice, Meeting and the November suite, “Sure Things” suite, Solo and Small Firm Section board meeting. She partici- OBF suite, OBA annual meeting in Tulsa and was pated as a panelist in both luncheon, OCU alumni elected section chair. He the plenary session on the luncheon, dinner with board attended the Criminal Law judiciary and at the Law Stu- members and Supreme Section meeting in Tulsa and dent Division meeting. Gov- Court justices, Board of Gov- received the Golden Quill ernor Souter reported he ernors meeting, Women in Award. He moderated and attended the dinner with Law Committee meeting, spoke at an OBA/CLE semi- Board of Governors mem- General Assembly and nar in Tulsa and was bers and Supreme Court jus- House of Delegates. She also snowed in at the hotel for tices, OBA Annual Meeting attended the ceremonial two days. Governor Hogan in Tulsa, Board of Governors swearing in of the Honor- reported he attended the meeting, General Assembly able Jerome A. Holmes, Pittsburg County Bar Associ- and House of Delegates as a Oklahoma County Bar Asso- ation meeting, OBA Annual delegate for Creek County. ciation board meeting and Meeting, November Board of OCBA holiday reception. Governors meeting, General REPORT OF THE YOUNG Governor Farris reported he Assembly and House of Del- LAWYERS DIVISION attended the OBA Audit egates meeting as a delegate Governor Williams report- Committee meeting in Nor- and reception for Justice man, two Tulsa County Bar Watt. Governor Kennemer ed she attended events at the Association Long-Range reported he attended the OBA convention including Planning Committee meet- OBA convention, State Legal the OBF/OBA Just Desserts ings, TCBA Awards and Referral Service Task Force reception, YLD casino night, Nominating Committee meeting, dinner with board Jon Parsley for president meeting, OBA Annual Meet- members and Supreme suite, OBA annual luncheon. ing, dinner with board mem- Court justices, Board of Gov- Board of Governors meeting, bers and Supreme Court jus- ernors meeting, General YLD Annual Meeting and tices, OBA annual luncheon, Assembly and House of Del- board of directors meeting, TU law school luncheon, egates at which he served as YLD fellows breakfast and Board of Governors meeting, a delegate. He also attended General Assembly. Also at American College of Trust the OBA staff appreciation the Annual Meeting she and Estate Counsel break- luncheon at the bar center. moderated a panel at the fast, OBA Legal Intern Com- Governor Mordy reported Law Student Division’s mittee meeting, OBA Rules he attended the Board of Forum and served as a teller and Bylaws Committee Governors meeting in Tulsa, and as a delegate at the meeting, OBA Diversity OBA Annual Meeting events House of Delegates. She Committee program, board including the House of Dele- attended the ceremonial alumni reception, president’s gates, Jerome Holmes swearing in of Judge Jerome prayer breakfast, General investiture and OBA staff Holmes. Assembly, House of Dele- appreciation luncheon. Gov- REPORT OF THE gates meeting as a delegate ernor Parsley reported he SUPREME COURT and Tulsa County Bar Asso- attended events at the OBA LIAISON ciation annual holiday party. convention including the Governor Hermanson Board of Governors meeting, Justice Edmondson report- reported he attended the YLD fellows breakfast, OBA ed the OBA’s 2007 budget OBA Annual Meeting, State House of Delegates Creden- was approved by the

168 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Supreme Court. He said that General Counsel Murdock approved. The board he and Suzanne have appre- clarified that claims are paid approved the new bar jour- ciated the hospitality during to clients of former lawyers. nal contract. Manning the past year and thanked The board approved claims reviewed the price increases the board. He reported the totaling $41,846.51 and that were slightly higher assignment of who will authorized a news release. than projected for the 2007 serve as the Supreme Court PROPOSED AMEND- budget. She said the number liaison to the OBA has not MENTS TO YLD BYLAWS of court issue pages fluctu- yet been decided. ates every year, and she cau- REPORT OF THE Governor Williams report- tioned that expenses may GENERAL COUNSEL ed the YLD board met at the exceed 2007 projections. OBA Annual Meeting and is General Counsel Murdock recommending proposed AMENDMENTS TO RULE shared a status report of the changes to the Young 1.4 RULES GOVERNING Professional Responsibility Lawyers Division bylaws. DISCIPLINARY Commission and OBA disci- She reviewed the proposed PROCEEDINGS plinary matters. He reported changes. The board Janna Dunagan Hall has approved the changes to the Executive Director been hired as an assistant YLD bylaws. Williams reported changes general counsel. were needed to Rule 1.4 to CARRYOVER OF EXCESS be consistent with action rec- MEMBER SERVICES 2006 YLD FUNDS ommended by the House of COMMITTEE Delegates. The board RECOMMENDATION The board voted to allow the YLD to carry forward approved the recommended President-Elect Beam any funds remaining in its changes and to submit them reported the Member Ser- budget from 2006 into 2007 to the Supreme Court for its vices Committee recom- to help pay expenses in host- consideration. mended Fastcase as the ing the South Central provider for online national Regional Conference being CREATION OF ANNUAL legal research as a member held in April in Oklahoma MEETING TASK FORCE benefit several months ago, City. Governor Williams The board approved Presi- which the board approved. reviewed events planned. It dent-Elect Beam’s recom- He wanted the board to con- was agreed that any excess mendation to create an firm that decision before a funds not used for the con- Annual Meeting Task Force contract was signed. The ference will go back to the and to appoint Melissa board approved Fastcase as general fund. Governor the selected legal research Williams said she has volun- DeLacerda, Stillwater, as its vendor. Management Assis- teered to chair the event. chairperson. The task force tance Program Director Cal- will look at ways to increase OKLAHOMA BAR loway reviewed the descrip- attendance at the bar con- JOURNAL CONTRACT tion of the online legal vention. 2007-2008 research provider that will CREATION OF LEADER- be a member service. Public Information Direc- SHIP CONFERENCE TASK CLIENTS’ SECURITY tor Manning described the FORCE FUND process used to bid the two- year Oklahoma Bar Journal The board approved Presi- Clients’ Security Fund contract for design, printing dent-Elect Beam’s recom- Chairperson Micheal Salem and mail preparation. She mendation to create a Lead- reviewed the committee’s reported only one bid was ership Conference Task recommendation for reim- received and that bid was Force and to appoint Linda bursement of claims. He from the current vendor, S. Thomas, Bartlesville, as its asked the board to approve Printing Inc. of Oklahoma chairperson. President-Elect the recommendations and to City. She said based on the Beam said he will be asking authorize a news release to company’s excellent cus- the task force to explore con- be distributed regarding the tomer service and quality ference ideas. payments. It was noted product produced, she rec- claims are down this year. ommended the contract be

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 169 GENERAL PRACTICE, Professional Responsibility BAR CENTER FACILITIES SOLO AND SMALL FIRM Commission - appoint J. REPORT SECTION PROPOSED Daniel Morgan, Tulsa, for a BYLAWS CHANGES three-year term (expires Executive Director 12/31/09) Williams reported Oklahoma Governor Hermanson, Bar Center renovation is pro- who is section chair-elect, Oklahoma Indian Legal jected to begin in October reported the section met at Services Inc. - appoint Julie 2007. Vice President Conger the OBA Annual Meeting Strong, Clinton, and Leslie will continue to serve as Bar and is recommending Guajardo, Oklahoma City, Center Facilities Committee changes to its bylaws. The for three-year terms (expires chair next year. The commit- board approved the section 12/31/09) tee will be looking at incor- bylaws changes. porating technology needs Clients’ Security Fund - into renovations. SELECTED 2006 FUNDS reappoint James Lang, Tulsa, TO CARRYOVER TO 2007 and Daniel T. Sprouse, Pauls SWEARING-IN Valley, for three-year terms CEREMONY The board approved that (expires 12/31/09); appoint excess 2006 funds from the Judge Jill Weedon, Arapaho, Executive Director Women in Law Conference and Brett Willis, Oklahoma Williams reviewed details of and the Solo and Small Firm City, for three-year terms the ceremony that will take Conference be allowed to (expires 12/31/09); appoint place Jan. 19, 2007, at 10 a.m. rollover to 2007. Lori Veazey, Clinton, as a at which new officers and board members will take APPOINTMENTS non-lawyer member for a three-year term (expires their oaths of office at the The board approved the 12/31/09) Supreme Court Courtroom following: at the State Capitol Building. MCLE Commission Chair- EXECUTIVE SESSION Appoint committee chairperson - appoint Margaret persons, vice chairpersons, Hamlett, Tulsa, for a one- The board voted to go into board liaisons and YLD year term (expires 12/31/07) executive session, met and liaisons as recommended by voted to come out of session. President-Elect Beam MCLE Commission - reappoint David A. Poarch, Nor- NEXT MEETING Board of Editors Chairper- man; appoint Richard J. son - reappoint Melissa Phillips, Clinton, and The board will meet at the DeLacerda, Stillwater, for a Richard D. Ogden, Okla- Oklahoma Bar Center in one-year term (expires homa City, for three-year Oklahoma City on Friday, 12/31/07) terms (expires 12/31/09) Jan. 19, 2007, immediately following the 10 a.m. swear- Board of Editors - reap- Legal Ethics Advisory ing-in ceremony at the State point Julie Rieman, Enid, Panel - appoint Luke Capitol Building. Dist. 4; Judge Lori A. Walk- Gaither, Henryetta, for a ley, Norman, Dist. 5; and three-year term (expires John Munkacsy, Lawton, 12/31/09). Dist. 9 for three-year terms (expires 12/31/09)

170 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 BAR FOUNDATION NEWS

Meet Your Bar Foundation Oklahoma Bar Foundation, the charity of choice for all Oklahoma attorneys

This year is shaping up to and income from other schools. Think of it as cast- be another good one for your sources, have enabled the ing bread on the water — Oklahoma Bar Foundation. OBF to make grant awards or seed money for future All indicators are positive. exceeding $6.6 million. Fellows. The foundation is financially Grants this year should sound. Revenues are up. top $500,000. The foundation is blessed How is all of this pos- with outstanding volunteer sible? It starts with leaders and capable staff, you. If you are already and all are working hard to a Fellow, continue your support important programs support as a Sustaining such as High School Mock Fellow, or better yet, Trial, Youth Court and other increase your level of Law-related Education giving to become a dis- school activities, CASA, tinguished Benefactor CAAVA, Legal Aid Services Fellow. The Benefactor and other important projects Fellow program was OBF Secretary Treasurer Phil Frazier, that serve the legal needs of initiated in 2004 under President Mark Curnutte and Immediate Past our children, the elderly and the leadership of then- President Hal Ellis celebrate 60-year indigent across Oklahoma, to President Bill LaSorsa of foundation anniversary. name a few. Tulsa and requires tax- deductible contributions What is the OBF? Incorpo- of $300 per year. 2007 OBF OFFICERS rated in 1949, the OBF is the third-oldest state bar founda- Where does the money go? President Mark W. Cur- tion in the United States, an You can check it out by visit- nutte is a partner in the firm achievement that all Okla- ing the OBF Web site at of Logan & Lowry LLP, homa attorneys can be proud www.okbar.org/obf. The which has offices in Vinita of. All lawyers duly licensed Web site has not been updat- and Grove. Mark graduated to practice law in Oklahoma ed to mention OBF’s newest from the OU College of Law are members, and can initiative, a Fellows Scholar- in 1979 and practices prima- become Fellows through ship Program for students rily in the area of trusts and annual contributions of $100 attending Oklahoma’s three estates. He has served on over a 10-year period. Pock- law schools. Beginning in the OBF Board of Trustees et change of only $8.33 per 2007, the foundation will since 2000. Mark is a Fellow month gets it done. These award a total of $15,000 in of the American College of contributions, along with new scholarship funds to Trust and Estate Counsel and IOLTA revenues, earnings on deserving students attending Fellow of the American Bar investments, planned gifts the OU, OCU and TU law Foundation.

How is all of this possible? It starts with you.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 171 We invite you to join in our efforts to fulfill this mission…

Renee E. DeMoss, OBF Committee as immediate City; and YLD Representa- president-elect, has practiced past president. He practices tive Brett D. Cable, since 1984 with Gable & Got- in the area of trusts and McAlester. wals in Tulsa and is present- estates and recently served OBF ADMINISTRATION ly serving as president of the as state chair of the Ameri- Tulsa County Bar Associa- can College of Trust and Nancy Norsworthy is the tion. Renee’s practice areas Estate Counsel. Hal is also a Director of Administrative include business and com- Fellow of the American Bar and IOLTA Programs. She mercial litigation, insurance Foundation. has been with the foundation law and class action adminis- just over 20 years and it is OBF TRUSTEES tration. She is a Barrister in through the continuing the American Inns of Court, Attorneys come from all efforts of Nancy and the staff Council Oaks Chapter. across the state to volunteer that the foundation is able to their time and talents as function. Nancy is responsi- Vice President Richard A. Trustees on the board to ble for the myriad of Riggs is a shareholder with assist in making proper and day-to-day activities of the McAfee & Taft in Oklahoma informed decisions. The foundation. Members should City. Rick concentrates his Trustees also serve on a vari- contact the OBF staff when- practice in real estate and ety of committees that over- ever assistance is needed other commercial transac- see the various aspects of the with IOLTA, the Fellows pro- tions and is a Fellow of the foundation’s work. In 2007, gram, grants or other busi- American College of Real the attorneys serving with ness related to the Estate Lawyers. He obtained the members of the Execu- foundation at (405) 416-7070 his law degree, cum laude, tive Committee on the Board or [email protected]. from the University of of Trustees are Charles F. Michigan in 1974. OUR OBF MISSION Alden III, Oklahoma City; Phil Frazier, of the firm Stephen D. Beam, Weather- Advancing education, Frazier & Phillips in Tulsa, ford; Jack L. Brown, Tulsa; citizenship and justice for all serves as secretary/treasurer. Jon Ed Brown, Idabel; Cathy is the ongoing mission of Phil is quick on his feet in M. Christensen, Oklahoma your foundation. We invite the courtroom, having let- City; J. William Conger, you to join in our efforts to tered in track & field at the Oklahoma City; Judge fulfill this mission by joining University of Oklahoma just Valerie Couch, Oklahoma with other attorneys across a few years ago. Phil’s pri- City; Shon T. Erwin, Lawton; Oklahoma who have chosen mary area of practice deals William E. Farrior, Tulsa; to support the ongoing with commercial transac- Kenneth A. Hicks, Wagoner; mission. Please take a tions, contract litigation and Steven R. Mackey, Tulsa; A. moment to join with others municipal law, and his Edwin McComas, Elk City; by completing the following accolades include past John D. Munkacsy Jr., Law- OBF Fellow application and president of the Tulsa ton; Brooke Smith Murphy, sending it to the OBF office County Bar Association and Oklahoma City; Judge Millie today. Together we can a long list of board service Otey, Tulsa; David Pomeroy, make a difference in to charitable, civic and Oklahoma City; Roger R. Oklahoma – the choice is statewide organizations. Scott, Tulsa; Susan B. Shields, yours. Oklahoma City; Linda S. Hal Ellis of the Stillwater Thomas, Bartlesville; John firm Ellis & Drummond Morris Williams, Oklahoma rounds out the Executive

172 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 FFELLOWELLOW EENROLLMENTNROLLMENT FFORMORM H Attorney H Non-Attorney

Name: ______(name, as it should appear on your OBF Fellow Plaque) County

Firm or other affiliation: ______

Mailing & Delivery Address:______

City/State/Zip: ______

Phone:______Fax:______E-Mail Address:______

__ I want to be an OBF Fellow now – Bill Me Later! __ Total amount enclosed, $1,000 YES – __ $100 enclosed & bill annually I support charitable good works & agree to become a member of __ New Lawyer 1st Year, $25 enclosed & bill as stated the OBF Fellow Program. __ New Lawyer within 3 Years, $50 enclosed & bill as stated

__ I want to be recognized as a Sustaining Fellow & will continue my annual gift of at least $100 – (initial pledge should be complete)

__ I want to be recognized at the leadership level of Benefactor Fellow & will annually contribute at least $300 – (initial pledge should be complete)

Signature & Date: ______OBA Bar #: ______

Make checks payable to: Oklahoma Bar Foundation • P O Box 53036 • Oklahoma City OK 73152-3036 • (405) 416-7070 OBF SPONSOR:______Many thanks for your support & generosity!

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 173 ACCESS TO JUSTICE

A State Legal Referral Service — Does Oklahoma Need It? By Dietmar K. Caudle, State Legal Referral Service Task Force Chairperson

Last March, then-OBA usually redirected to the number and choice of attor- President Bill Grimm pro- “Oklahoma Find A Lawyer” neys is severely limited. An posed the creation of the Web site or to www.okbar.org, in-person initial consultation new State Legal Referral Ser- which has the “Find a with an attorney is usually vice Task Force, which the Lawyer” link. At times, impossible or impractical. To Board of Governors callers are referred to the complicate matters, the bru- approved. The task force’s local bar president of the tal truth is that not all mission was to study the county in which the lawyer prospective clients are com- feasibility of offering a is needed. There are no mini- puter literate or even have statewide legal referral serv- mum requirements for the access to a computer. Daily, ice in Oklahoma, not in com- attorney referral other than legal aid offices across the petition with the current licensure. Professional liabil- state reject potential clients service provided by the ity insurance is encouraged seeking attorneys because Tulsa County Bar Associa- but not required. Experience they have too much income tion. The vision of the task and specialization is encour- or assets to qualify or force was to offer excellence aged but not required. The because they seek advice in in legal services in an acces- potential client has no an area of the law that Legal sible, valued justice system. recourse beyond the imme- Aid does not cover. These The task force’s study was to diate lawyer other than potential clients are often include factual data and inquiry to OBA general referred to the phone book findings to gauge the public counsel. yellow pages or to the local demand and need for a state county bar president of a lawyer referral system. non-funded bar association. Included in the study were …approximately In most cases the referral technology requirements for cannot be followed up to a phone system, data storage one out of every four ensure the client’s satisfac- and processing. tion. Legal Aid’s Web site at phone calls directed to www.probono.net/ok allows The universal issue for the “ networking through a roster OBA and the general public “the Oklahoma Bar and list services. Considera- is whether there is a legiti- tion of a statewide legal mate need for a referral serv- Center is someone referral service would pro- ice. To help answer this vide an additional resource, question, one must consider particularly for clients with a some critical data. At the attempting to find an fee-generating case. present time, approximately one out of every four phone Oklahoma lawyer. The lofty goal of the State calls directed to the Okla- Legal Referral Service Task homa Bar Center is someone For the client in a strictly Force is to present the Board attempting to find an Okla- rural area of the state, the of Governors with a compre- homa lawyer. These calls are hensive study by this May.

174 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 The top issues for the task may be compared to our It is the State Legal force to consider will be the geographical neighbor to the Referral Service Task Force’s most obvious: (a) does the north. Kansas has a mission to draft a concise, state need a lawyer referral statewide lawyer referral documented plan for consid- service in order to provide program that has been suc- eration that envisions a clear the public with referrals to cessful and self-sustaining path for the public to locate competent legal counsel? (b) for a number of years. In and contact competent will Oklahoma attorneys contrast, Arizona, with simi- attorneys. Your continued participate in a statewide lar rural and metropolitan input as bar association legal referral service, requir- areas such as ours, has had a members is valued and ing the payment of a mem- legal referral service task appreciated. bership fee and potentially a force in place for a number Share your thoughts on the percentage fee over a certain of years without a final reso- state legal referral service amount? and (c) can such a lution. It is important to note with task force Chairperson system become ultimately that Oklahoma had a Caudle. Contact him at self-sustaining, considering statewide lawyer referral [email protected] or staffing, technical data, auto- system from approximately (580) 248-0202. mated phone systems and 1981 to 1985, when it advertising expenditures? ultimately failed. The scope of such a project

VACANCY ANNOUNCEMENT LAW CLERK TO A UNITED STATES MAGISTRATE HEALTH SAVINGS ACCOUNTS (HSA) JUDGE The United States District Court, Eastern District of ARE TO PAY FOR ELIGIBLE MEDICAL Oklahoma, invites applications for the position of full-time law clerk. The law clerk will report directly to a United EXPENSES, INCLUDING EYE GLASSES States Magistrate Judge. Duties of the position include but AND CHILDREN’S BRACES are not limited to performing research as required to assist today/tomorrow/5 years from now… the Court in preparing opinions, orders and legal memoranda; keep abreast of changes in the law to aid the • You control the money and where to spend it Court in adjusting to new legislation; analysis of statutes, or save it. regulations and substantive issues, including constitutional issues, in habeas corpus, civil rights, and other civil cases; • Your money rolls over every year. There is no “use it and perform other duties as assigned. Applicants must be a or lose it.” graduate from an accredited law school, have good research • Your HSA goes with you if you switch jobs. and writing skills, have the ability to manage a large number of cases and be computer literate. The salary ranges • You decide how to invest the money. from $43,731.00 to $75,414.00 depending upon The Benefits of a HEALTH SAVINGS ACCOUNT qualifications and experience. Employees of the U.S. District are numerous. Call now to learn more about a Court are entitled to benefits which include retirement, health benefits and life insurance. A records check will be personal HSA. conducted on the successful candidate. A full vacancy (405) 848-2400 announcement can be found on the court’s website at www.oked.uscourts.gov. Qualified Applicants should George W. Barnes submit a cover letter, current resume with day and evening 844 N.W. 50th telephone numbers, and one writing sample to: Federal Oklahoma City, OK 73118 Clerkship, United States District Court, P.O. Box 7002, (No insurance sales involved.) Muskogee, Oklahoma 74402. Resumes should include GPA Brokerage Services Offered Through: and class rank. No transcripts or references are required Capital West Securities, Inc., Member NASD/SIPC until time of interview. Resumes will be accepted until 211 North Robinson, Suite 200, Oklahoma City, OK 73102, January 31, 2007. The Court is an Equal Opportunity (405) 235-5700 or (800) 297-8734 Employer.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 175 YOUNG LAWYERS DIVISION

YLD ‘WILLS FOR police, sheriff’s deputies and specific documents being HEROES’ PROGRAM other emergency personnel. offered. Finally, volunteer NEEDS VOLUNTEERS attorneys will meet with the “We’ve found no other emergency personnel to According to the Okla- program currently in place prepare and supervise homa State Firefighters to offer this service in Okla- execution of the documents. Association, there are 164 homa,” Mr. Camp said. “Our Oklahoma firefighters on goal is to provide peace of YOUR help is essential. record as having died in the mind to these heroes should “We are going to need a lot line of duty. Similarly, as of the unthinkable occur. Ideal- of volunteers,” said Project April 3, 2006, a total of 385 ly, we hope to reach all first Coordinator Lindsey state and local law enforce- responders in this state.” Andrews. “This will be a ment officers in Oklahoma During the initial stage, time-consuming project, were on record as having some of the project partici- however, only for the people been killed in the line of pants will be busy contact- implementing it and not for duty. On average, one law ing local law enforcement the volunteers wanting to enforcement officer is killed and emergency personnel help finalize the wills.” somewhere in America every agencies throughout the 53 hours. Ms. Andrews estimates state to determine their spe- that a typical volunteer will “These statistics cific needs, while others will spend approximately one to serve as a stark be work- two hours in training, with reminder of the ing on the another four to five hours extraordinary sacri- develop- actually performing legal fices firefighters, ment of services, likely making a police and emer- the basic maximum of two trips to the gency medical will and precinct, firehouse, etc. technicians make medical for their commu- directive “I really encourage the nity every day. templates. young lawyers out there They are prepared After laying wanting to get involved in to pay the ulti- this ground- something to lend a hand mate price in the work, the with Wills for Heroes. It’s line of duty,” said YLD will just an honorable way to OBA Young host an show appreciation to those Lawyers Divi- introductory who spend so much time sion Chairperson training thinking of us that they for- Chris Camp. seminar for get to think of themselves,” “The YLD want- volunteer Ms. Andrews said. ed to find a way attorneys, to give back to explaining the If you are an attorney these brave men document licensed in Oklahoma and and women.” templates and would like to participate in the logistics of the program. the Wills for Heroes pro- Thus, “Wills for Heroes” Project participants will then gram, you can act today by was born – a free service distribute intake sheets to contacting YLD Chair Chris that, once up and running, the various agencies, fol- Camp at chriscamp@ will utilize volunteer lowed by the coordination of h2law.net or Project Coordi- lawyers to prepare wills, local presentations to edu- nator Lindsey Andrews at powers of attorney and cate first responders regard- [email protected]. advance medical directives ing the benefits and effects for county firefighters, of estate planning and the

176 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 C alendar

18 OBA Work/Life Balance 22 OBA Alternative Dispute Committee Meeting; Resolution Section Meet- 12 p.m.; Oklahoma Bar ing; 4 p.m.; Oklahoma Bar Center, Oklahoma City; Center, Oklahoma City and Contact: Melanie Jester Tulsa County Bar Center, (405) 609-5280 Tulsa; Contact: Barry Davis OBA Bench and Bar (405) 607-8757 Committee Meeting; 23 OBA Solo & Small Firm 2 p.m.; Oklahoma Bar Conference Planning Center, Oklahoma City and Committee Meeting; Tulsa County Bar Center, 3:30 p.m.; Oklahoma Bar Tulsa; Contact: Jack Brown Center, Oklahoma City; (918) 581-8211 Contact: Roger Reneau 19 OBA Board of Governors (405) 732-5432 Swearing In; 10 a.m.; OBA Uniform Laws Supreme Court Courtroom, Committee Meeting; State Capitol; Contact: 3:30 p.m.; Oklahoma Bar John Morris Williams Center, Oklahoma City and (405) 416-7000 Tulsa County Bar Center, January OBA Board of Governors Tulsa; Contact: Frederick Meeting; Oklahoma Bar Miller (405) 325-4699 Center, Oklahoma City; 25 OBA Law Day Committee 15 Martin Luther King Jr. Day Contact: John Morris Meeting; 3 p.m.; Oklahoma (State Holiday) Williams (405) 416-7000 Bar Center, Oklahoma City; 16 Death Oral Argument, Elwood OBA Member Services Contact: Giovanni Perry Jackson v. State – D-2004- Committee Meeting; (405) 601-2222 1173; 10 a.m.; Court of Criminal 3 p.m.; Oklahoma Bar OBA Legal Intern Appeals Courtroom Center, Oklahoma City and Committee Meeting; OBA Technology Committee Tulsa County Bar Center, 3:30 p.m.; Oklahoma Bar Meeting; 12 p.m.; Oklahoma Bar Tulsa; Contact: Debra Center, Oklahoma City and Center, Oklahoma City and Tulsa Charles (405) 286-6836 Tulsa County Bar Center, County Bar Center, Tulsa; 20 OBA/YLD Board of Direc- Tulsa; Contact: H. Terrell Contact: John Brewer tors Meeting; Oklahoma Bar Monks (405) 733-8686 (405) 606-8424 Center, Oklahoma City; Contact: Chris Camp 17 Ginsburg Inn of Court; 5 p.m.; (918) 588-1313 Oklahoma Bar Center, Oklahoma City; Contact: Julie Bates (405) 691-5080

February

7 Hudson-Hall-Wheaton Chapter of American 8 OBA Bench and Bar Committee Meeting; Inns of Court Meeting; 5:30 p.m.; Federal 2 p.m.; Oklahoma Bar Center, Oklahoma Bldg., 333 W. 4th St., Tulsa. For informa- City; Contact: Jack Brown (918) 581-8211 tion, please visit www.hudsonhall 9 OBA Family Law Section Meeting; 3 p.m.; wheaton.com or contact Patricia Neel at Oklahoma Bar Center, Oklahoma City and [email protected]. OSU Tulsa; Contact: Donelle Ratheal (405) 842-6342

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 177 March

8 OBA Bench and Bar Committee Meeting; feb. cont’d 2 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Jack Brown (918) 581-8211 9 OBA Family Law Section Meeting; 13 OBA Bar Center Facilities Committee Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma 9 a.m.; Oklahoma Bar Center, Oklahoma City; City and OSU Tulsa; Contact: Donelle Contact: Bill Conger (405) 521-5845 Ratheal (405) 842-6342 14 State Legal Referral Service Task Force Meeting; 13 OBA Bar Center Facilities Committee 1 p.m.; Oklahoma Bar Center, Oklahoma City; Con- Meeting; 9 a.m.; Oklahoma Bar Center, tact: Dietmar Caudle (580) 248-0202 Oklahoma City and Tulsa County Bar 15 OBA Work/Life Balance Committee Meeting; Center, Tulsa; Contact: Bill Conger 12 p.m.; Oklahoma Bar Center, Oklahoma City; (405) 521-5845 Contact: Melanie Jester (405) 609-5280 14 State Legal Referral Service Task Force OBA Communications Task Force Meeting; Meeting; 1 p.m.; Oklahoma Bar Center, 1:30 p.m.; Oklahoma Bar Center, Oklahoma City; Oklahoma City and Tulsa County Bar Contact: Melissa DeLacerda (405) 624-8383 Center, Tulsa; Contact: Dietmar Caudle (580) 248-0202 16 OBA Board of Governors Meeting; Oklahoma Bar Center, Oklahoma City; Contact: John Morris Williams 15 OBA Work/Life Balance Committee (405) 416-7000 Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Melanie Jester 19 President’s Day (State Holiday) (405) 609-5280 27 OBA Bar Examinations; 8 a.m.; Oklahoma Bar Center, 17 OBA Title Examination Standards Com- Oklahoma City; Contact: Board of Bar Examiners mittee Meeting; Oklahoma Bar Center, (405) 416-7075 Oklahoma City; Contact: Kraettli Epperson (405) 840-2470 23 OBA Lawyers Helping Lawyers Committee Meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Thomas Riesen (405) 843-8444 27 OBA Day at the Capitol; State Capitol, Oklahoma City 30 OBA Board of Governors Meeting; Oklahoma Bar Center, Oklahoma City; Contact: John Morris Williams (405) 416-7000

This master calendar of events has been prepared by the Office of the Chief Justice in cooperation with the Oklahoma Bar Association to advise the judiciary and the bar of events of special importance. The calendar is readily accessible at www.oscn.net or www.okbar.org.

178 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 FOR YOUR INFORMATION

Bar Members to Serve in State Government The OBA congratulates all of its members recently elected or re-elected to the Oklahoma House of Representatives and Senate. Bar members currently serving in the First Session of the 51st Oklahoma Legislature are: House of Representatives: Senate: David Braddock, Altus Tom Adelson, Tulsa Lance W. Cargill, Harrah Patrick Anderson, Enid Rex Duncan, Sand Springs Sean Burrage, Claremore Terry Harrison, McAlester Glen Coffee, Oklahoma City OBA Member Serving Scott Inman, Del City Brian A. Crain, Tulsa as State’s Lieutenant Rob Johnson, Kingfisher Tom Ivester, Sayre Governor Ryan Kiesel, Seminole Clark Jolley, Edmond Mark McCullough, Sapulpa Todd Lamb, Edmond Jari Askins of Duncan has Richard Morrissette, Charlie Laster, Shawnee been sworn in as Okla- Oklahoma City Owen Laughlin, Woodward homa’s 19th lieutenant gov- Ronald D. Peterson, Richard Lerblance, Hartshorne ernor, giving her the rare Broken Arrow Mike Morgan, Stillwater distinction of being Ben Sherrer, Pryor John Sparks, Norman involved in public service Dan Sullivan, Tulsa Anthony Sykes, Moore in all three branches of gov- John Trebilcock, Broken Arrow Jonathan E. Nichols, Norman ernment. She served as spe- James Williamson, Tulsa cial district judge for Stephens County from This list of attorney legislators will also appear in the OBA Refer- 1982-1990, and she served ence Guide, to be published Jan. 27. If you are an attorney serving District 50 for 12 years in in the Legislature and have been omitted from this list, please con- the Oklahoma House of tact Sandy Neal at (405) 416-7014 or by e-mail at Representatives, earning [email protected]. the position of Democratic house leader in 2005. She won statewide election as lieutenant governor in OBA Member to 2006, becoming the first Lead Oklahoma House woman Democrat to serve OBA member Lance Cargill of Harrah was in that office. She received sworn in as speaker of the Oklahoma her B.A. in journalism from House of Representatives Jan. 2, making OU and a J.D. from the OU him at age 35 the youngest speaker in the College of Law. She is a nation. Mr. Cargill, who decided to director of Arvest Bank in become a lawyer after seeing the televi- Duncan and a member of sion show “L.A. Law” as a child, started the Duncan Noon Lions in corporate law in Dallas but soon Club, the Duncan Chamber returned to his native rural Oklahoma. of Commerce, Leadership He became involved in politics when the state Republican Party Oklahoma, Oklahoma urged him to run for the state House in 2000. He and his wife, Academy of State Goals and the First Christian Amber, have two sons, Jackson and Henry. Mr. Cargill is a 1993 Church. She was inducted graduate of OSU with a B.S. in economics and political science. He into the Oklahoma is a 1996 graduate of Vanderbilt Law School. In addition to his law Women’s Hall of Fame practice, he has also served as an adjunct professor of economics at in 2001. Rose State College.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 179 OBA Welcomes New Judges OBA Member Resignations The OBA congratulates Oklahoma’s new judges The following OBA members have elected last November. New judges and judges on resigned as members of the associ- the move within their districts are: ation and notice is hereby given of District Judges: such resignation: Adair/Sequoyah counties Office Three: David A. Drake Judge Jeff Payton OBA No. 2426 Nowata/Washington counties Office One: 6 Fairfield Blvd, Suite 6 Judge Curtis L. DeLapp Ponte Vedra Beach, FL 32082 Oklahoma County Office One: Judge Kenneth C. Watson Janet L. Drake Oklahoma County Office 10: Judge Bill Graves OBA No. 10055 Okmulgee County Office Five: Judge Mike Claver 6 Fairfield Blvd, Ste 6 Tulsa County Office One: Ponte Vedra Beach, FL 32082 Judge William C. Kellough Laurence Michael Hager Tulsa County Office Four: OBA No. 3697 Judge Daman H. Cantrell 770 Fifth St. N.W. Apt. 402 Tulsa County Office 10: Judge Mary Fitzgerald Washington, DC 2001-2650 Associate District Judges: Mark Christopher Kanaly Choctaw County: Judge James R. Wolfe OBA No. 17075 Coal County: Judge D. Clay Mowdy 1209 Pasadena Avenue N.E. Cotton County: Judge Michael C. Flanagan Atlanta, GA 30306 Dewey County: Judge Rick Bozarth Carl T. Larkin Haskell County: Judge Brian Henderson OBA No. 5246 Lincoln County: Judge Sheila Kirk 154 Prince George St. McClain County: Judge Charles Gray Annapolis, MD 21401 McIntosh County: Judge Jim Pratt Oklahoma County: Judge Richard Kirby Robert Earl Logan Okmulgee County: Judge Duane Woodliff OBA No. 5497 Seminole County: Judge Timothy L. Olsen 1175 Merrymen Green Tulsa County: Judge Dana Kuehn (Bogie) Norman, OK 73069 Washington County: Judge Russell Vaclaw Suzanne Swanson Special Judges: OBA No. 10981 1007 Irvine Terrace Cherokee County: Judge Holli Chennault Edmond, OK 73003 LeFlore County: Judge Jon Sullivan Okmulgee County: Judge Jim Volz George Rainey Williams Jr. Tulsa County: Judge Theresa Dreiling OBA No. 11569 6301 N. Western, Suite 200 Oklahoma City, OK 73118

February Bar Exam Applicants The Oklahoma Rules of Professional Conduct impose on each member the duty to aid in Bar Center Holiday Hours guarding against the admission of candidates The Oklahoma Bar Center will be because of either moral character or education. closed Monday, Jan. 15 in honor of To aid in that duty, a list of applicants for the Martin Luther King Jr. Day. The February bar examination has been posted to bar center will also close Monday, www.okbar.org./admissions/examfeb07.htm. Feb. 19 in observance of Presi- A complete list of applicants will also appear in dent’s Day. the Jan. 20 bar journal.

180 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 BENCH & BAR BRIEFS

Bond Lawyers at its annual ay Adkisson of Laguna meeting in Chicago. The JNiguel, Calif., has authored national award was in recog- the recently published nition of his creation of and “Adkisson’s Captive Insur- initial funding of the Carlson ance Companies: An Introduc- Prize, awarded periodically to tion to Captives, Closely-Held klahoma City attorney the authors of scholarly arti- Insurance Companies and OSarah Lee Parrish recent- cles appearing in the associa- Risk Retention Groups.” ly won second place and a tion’s publications. $500 cash prize in the New oura A.J. Robertson of York Law Journal’s sixth annual klahoma City lawyer MTulsa has been admitted Fiction Writing Contest with OMark Bialick has become as a certified fellow to the her manuscript Guilt of Inno- a fellow of the American Col- American Academy of Matri- cence. She has practiced law lege of Trial Lawyers. The monial Lawyers. Ms. Robert- since 1986 concentrating on induction ceremony was held son currently co-chairs the civil litigation work. during the college’s recent Tulsa County Bar Association annual meeting in London. Family Law Committee, and hree OBA members were has been a featured CLE Tamong 11 Oklahomans rowe & Dunlevy attorney speaker on family law issues. honored with the 2006 Okla- CMichael Laird was recent- homa Human Rights Award; ly elected president of Okla- rowe & Dunlevy directors among them were: Catholic homa City’s Myriad Gardens CJudy Hamilton Morse Charities of Oklahoma attor- Foundation. Mr. Laird will and Mack Morgan have been ney Shirley Cox, who lobbies serve as president through selected to serve on the Inter- the Legislature on a host of June 2007. national Association of human rights issues; Tulsa Defense Counsel. Ms. Morse attorney Donald W. Davis Sr., klahoma City lawyer and Morgan join two other who fought against prejudice ORobert D. Nelon was Crowe & Dunlevy attorneys, in the workplace in the 1970s; named the 2006 recipient of Harry Woods and Arlen and Hannibal B. Johnson of the Marian Opala First Fielden, who currently serve Tulsa, an author as well as cre- Amendment Award in recog- on the counsel. ator and director of “Any- nition of his longtime service oerner, Saunders, Daniel town, Oklahoma,” a statewide defending the First Amend- D& Anderson LLP human rights youth camp that ment in Oklahoma. The award announces that five of its part- has operated for 13 years. was presented by Freedom of ners have been elected to the Information Oklahoma at the wight L. Smith of Tulsa firm’s Executive Committee. Dwas recently named as recently held eighth annual Committee members are the working chair for the ABA First Amendment Congress. Lewis N. Carter, Leonard I. Commission on Youth at Risk. klahoma City lawyer Pataki, Elise D. Brennan, The commission will explore OJerry E. Shiles has been Tom Q. Ferguson and James problems that arise when selected as Oklahoma’s Min- C. Milton. The firm also young people ages 13-19 inter- uteman of the Year and for announces it is celebrating its act with the legal system. The membership in the military- 110th anniversary this year. 13-member commission is related Scabbard and Blade cAfee & Taft attorney staffed by the Division for Society. He serves as director MBradley Klepper, who is Public Education and the Cen- of operations and chairperson ter on Children and the Law. also a licensed architect, has for the Oklahoma Military been named general counsel orman lawyer Glenn E. Heritage Foundation’s Annual for the Oklahoma Board of NFloyd recently received Oklahoma Military Hall of Architects, Licensed Architects an award of appreciation from Fame Banquet and Induction and Interior Designers. In his the National Association of Ceremony. role as general counsel, Mr.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 181 Klepper will be responsible in 1996 and most recently probate, business organiza- for advising the board on all served as assistant district tion, tax matters and real legal matters, including the attorney for Washington and estate. He earned a bachelor’s prosecution of violations of Nowata counties. in finance from Missouri State the State Architectural Act. University and a J.D. from the obinett & Murphy is OCU School of Law. He Rpleased to announce that recently completed the Estate David A. Guten has joined Planning Seminar at Notre the office as an associate. Mr. Dame University. Guten graduated with honors from OCU in 2000 with a B.S. iggs, Abney, Neal, Turpen, in criminal justice, sociology ROrbison & Lewis is and political science. He pleased to announce that Matt received his J.D. from the TU D. Matheson, Joseph R. itchell D. O’Donnell, College of Law in 2003. Mr. Wells, Holly M. Hillerman MThomas M. Affeldt, Guten also serves as a judge and Margaret A. Nunnery Terry S. O’Donnell, Adam advocate general in the U.S. have joined the firm as associ- Scott Weintraub and Kendall Air Force and the Oklahoma ates in its Tulsa office. W. Johnson are pleased to Air National Guard. His litiga- announce the formation of tion experience focuses in the Mr. Matheson received a Savage, O’Donnell, Affeldt, areas of family and domestic bachelor’s degree in account- Weintraub & Johnson. relations, adoptions, guardian- ing from OSU in 1987 and his Mitchell O’Donnell will con- ships, military law, insurance J.D. from the TU College of tinue his practice in business defense, criminal defense and Law in 1990. He also holds an matters, startups, estate plan- civil litigation. Mr. Guten M.S. in taxation from TU as ning and real estate. Mr. may be reached at the firm’s well as an LL.M. in taxation Affeldt will continue his prac- offices located at 624 S. from the University of Florida. tice in probate, estate plan- Boston, Suite 900, Tulsa, 74119; Mr. Matheson will concentrate ning, guardianship, taxation and by phone at (918) 592- his practice in the areas of and general civil litigation. 3699. estate planning, tax law and Terry O’Donnell will continue business law. aCourse, Davis, Coffey & his practice in general civil liti- Mr. Wells received a bache- Gudgel PLC of Tulsa is gation, employment practices L lor’s degree in mathematics proud to announce that Ryan and medical malpractice from OSU in 1999 and his J.D. Fulda and Jon Cartledge have defense. Mr. Weintraub will from the TU College of Law in joined the firm as associates. continue his practice in insur- 2005 as well as an LL.M. in Mr. Fulda is a 2006 graduate ance defense, bad faith, per- taxation in 2006 from Wash- of the OU College of Law. His sonal injury, employment ington University in St. Louis. practice will focus in products practices law and general civil Mr. Wells will concentrate his liability, commercial trans- litigation. Mr. Johnson will practice in the areas of estate portation and general insur- continue his practice in family planning, tax law and real ance defense areas within the law, personal injury, probate estate transactions. and general civil litigation. firm. Mr. Cartledge is a 2001 The firm’s offices are located graduate from the TU College Ms. Hillerman received a at 110 W. Seventh St., Suite of Law. Mr. Cartledge will bachelor’s degree from OSU 1010, Tulsa 74119. They can lead the firm’s research and in 1993 and her J.D. from the be reached by phone at (918) writing department and han- OU College of Law in 1996. 599-8400 or by fax at (918) dle the firm’s appellate prac- Ms. Hillerman will concen- 599-8444. tice. Both can be reached at trate her practice in the areas the firm’s address: 2250 E. of civil litigation and appellate he Bartlesville law firm of 73rd St., Suite 600, Tulsa, advocacy. TSelby, Connor, Maddux & 74136 or by phone at Janer PLP announces that (918) 744-7100. Ms. Nunnery received a Robert C. Fries has joined the bachelor’s degree from Rose- firm as an associate. Mr. Fries ason D. Smith has joined mont College in 1971 and her will work in the general civil Jthe Courtney Law Firm in J.D. from the TU College of practice of law. He graduated Springfield, Mo., which has Law in 1993. Ms. Nunnery from the OU College of Law special emphasis in estate will work in the firm’s Pre- planning, trust administration, paid Legal Division where she

182 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 will primarily practice in the emphasis on bankruptcy and cAfee & Taft announces area of civil litigation and collection. Mthat Alison R. McCalla business law. and Andrew B. Peterson, both ray, Walker, Jackman, recent honors graduates from oone Smith Davis Hurst & PWilliamson & Marlar has OU College of Law, have BDickman announces that named Jill Grimsley Drewyor joined the firm as new associ- Robert “Bob” Kellogg has a shareholder in its Tulsa ates. Ms. McCalla practices in joined the firm as a director office, and announces Luke A. the areas of employee benefits and co-chair of the firm’s Bomer has joined the firm as and business transactions law. Environmental Law Section, an associate in its Tulsa office. Much of her practice is and Susan Walker has joined Ms. Drewyor practices prima- focused on representing the firm as an associate. Mr. rily in commercial transac- employers in matters pertain- Kellogg was formerly general tions, including business for- ing to qualified and nonquali- counsel of the Oklahoma mations, acquisitions, divesti- fied retirement plans, execu- Department of Environmental tures, joint ventures, lending tive compensation plans, Quality. His practice will and financing. She is also health and welfare plans, focus on environmental com- licensed to practice in COBRA and deferred compliance and litigation, defend- Arkansas as well as before the pensation. A portion of her ing regulatory enforcement U.S. Tax Court. Mr. Bomer practice is also devoted to actions, administrative rule- will concentrate his practice in general business and commer- making and water rights. He commercial real estate and cial transactions, including may be contacted in the firm’s employment law, as well as contract drafting and review Oklahoma City office by business transactions. and entity formation. Mr. phone at (405) 235-0200 or by hillips, McFall, McCaffrey, Peterson focuses his practice e-mail at bkellogg@boone- on many aspects of intellectu- smith.com. Ms. Walker focus- PMcVay & Murrah PC, announced the addition of al property law, including es on employment and labor trademarks, copyrights, law, and advising clients on attorneys Andrew S. Mildren, David J. Looby and Jason M. patents, licensing, unfair com- human resources and compli- petition and trade secrets. A ance issues. Prior to joining Kreth to support the growth of the firm’s transaction and portion of his practice is also the firm, she was a senior devoted to litigation matters. attorney for Williams Com- litigation departments. munications and for the Mr. Mildren practices in the ona S. Dahr and Keith Williams Companies. She has areas of transactional and ME. Peters have joined also served as judicial clerk of administrative law. He McAfee & Taft as associates the Oklahoma Court of Civil received his undergraduate whose practices are focused Appeals. Ms. Walker may be degree from Centre College in on representing businesses reached by phone at (918) 587- Danville, Ky., and his law and individuals in taxation 0000 or by e-mail at swalk- degree from the OU College and family wealth matters. [email protected]. of Law. Ms. Dahr graduated magna cum laude with bachelor’s ulsa law firm Feldman, Mr. Looby practices in the degrees in both economics TFranden, Woodard, Farris areas of tax, estate planning and history at SMU before & Boudreaux announces that and corporate law. He going on to earn her J.D. at F. Jason Goodnight has received his undergraduate SMU in 2005 and her LL.M become a partner with the degree from Northern Illinois degree from NYU in 2006. firm. Additionally, Jeremy K. University, his law degree Mr. Peters is currently Ward and Taylor A. Burke from the TU College of Law pursuing his advanced law have become associates of the and his LL.M in taxation from degree at NYU as an NYU Tax firm. the University of Florida Col- Law Review scholar. He is a lege of Law. 2006 graduate of Harvard arley L. Abrahamsen has Law School. He graduated Hjoined the Love, Beal and Mr. Kreth practices in the from OU in 2002 with a Nixon PC as an associate. Ms. area of litigation. He received bachelor’s degree in Abrahamsen is a 2002 gradu- his undergraduate degree accounting. ate of the OCU School of Law from OSU and his law degree and was formerly with Steve from Vanderbilt University he law firm of Vaughn & Bruce & Associates, with Law School. TWinton announces its

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 183 office has relocated to 3233 E. he Tulsa law firm of Atkin- ing and commercial litigation. Memorial Road, Suite 103, Tson, Haskins, Nellis, Brit- She has been practicing at Edmond, 73013. The firm con- tingham, Gladd & Carwile Hall Estill since her gradua- tinues to provide legal servic- announces that Carol J. Allen tion from law school. es in the areas of real estate and Gabe W. Lawson have development and community become partners in the firm he Bell Legal Group associations, estate planning and that Andrew G. Wake- Tannounces David Page and probate and business man and James A. Higgins will lead the staff in its new organizations. have joined the firm as associ- Tulsa office. Mr. Page is an ates. environmental attorney with aty Evans Boren, former- Ms. Allen graduated summa more than 25 years experience Kly vice president for regu- cum laude with a B.S. in crimi- latory affairs for Cox Okla- in complex litigation around nal justice from NSU and the United States and parts of homa, will assume a similar received her J.D. from the TU Western Europe. The Bell position with responsibility College of Law in 1998. She for Cox Communications reg- focuses her practice in general Legal Group may be contacted ulatory issues and relations in business and civil litigation at (877) 546-2408 or on the the company’s 11-state Eastern bankruptcy law and commer- Web at www.belllegal Division. A graduate of the cial litigation. group.com. University of Denver, Ms. Mr. Lawson earned a B.A. in raves & Barkett PLLC Boren received her law degree philosophy from Southwest- from the OU College of Law. Gannounces the addition of ern University and his J.D. William “Chad” McLain as a In her new role, she will from the TU College of Law. shareholder of the firm. Mr. oversee regulatory matters in His practice areas include Oklahoma, Colorado, Kansas, insurance defense and bad McLain graduated from Wof- Arkansas, Louisiana, Georgia, faith defense as well as prem- ford College in South Carolina Florida, Connecticut, Rhode ises liability and products lia- in 1991 with a B.A. in finance, Island, Ohio and Virginia. She bility defense. and he received his J.D. from will continue to be headquar- Mr. Wakeman graduated the TU College of Law in tered at the Cox offices in with highest honors from the 2001. Mr. McLain practices Oklahoma City. TU College of Law in 2006. complex litigation in the areas klahoma City firm Mulin- He focuses his practice in the of anti-trust, construction, Oix, Ogden, Hall, Andrews areas of appellate advocacy business, medical malpractice & Ludlam PLLC announces and research. and personal injury. Jennifer L. Hoskins Amy and Mr. Higgins graduated from klahoma City lawyer Glass Piedmont have joined the TU College of Law in Richard B. Kells recently the firm as associates. Ms. 1999. Mr. Higgins practices in O made a presentation to the Hoskins’ practice focuses on the areas of medical malprac- business and civil litigation, tice, appellate advocacy, insur- Oklahoma Medical Research bankruptcy and family law. ance law and general civil liti- Foundation regarding 2006 She received her J.D. from the gation. Oklahoma tax developments. OU College of Law in 2006. he law firm of Hall, Estill, racy Speck Neisent of She received her B.A. with THardwick, Gable, Golden Oklahoma City was high honors from UCO in T & Nelson PC is pleased to recently a speaker at the 2003. Ms. Piedmont’s practice announce the election of Bon- National Academy of Elder focuses on commercial, busi- nie N. Hackler to shareholder ness, and oil and gas litigation in the Tulsa office. Law Attorneys Advanced as well as real estate law. She Elder Law Institute in Salt Hackler received a B.A. in Lake City. Her topic was received her J.D. cum laude political science from OU with “Sophisticated Medicaid Plan- from Tulane University School special distinction in 1996 and of Law in 2004. She received her J.D. at the OU College of ning after the Deficit Reduc- her B.A. with high honors Law, also with distinction, in tion Act of 2005 and Medicaid from Auburn University in 1999. Her primary areas of Planning Techniques with the 2000. practice are bankruptcy, bank- Residence.”

184 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 nar in Tulsa. Ms. Bohn’s pres- aria Robles Meyer entation included topics rang- Mspoke on “Charitable ing from jury selection to clos- Giving – A Changing Arena” ing argument. at the last meeting of the Oklahoma City Estate Plan- . Douglas Stump was as a ning Council. The council Tfeatured speaker at the presents five nationally and Credit Law Institute’s Confer- locally recognized speakers ence on Consumer Finance klahoma City lawyers each year on estate planning Law Employment Law pro- topics and provides a forum OFred H. Miller, James A. gram where he discussed McCaffrey and Eric L. John- for the exchange of profes- employment-based immigra- sional knowledge. son spoke at the jointly-spon- tion issues and legislative sored Oklahoma Bar Review updates. arvin A. Isaacs recently and the Conference on Con- Gspoke at the meeting of sumer Finance Law seminar, roducts liability defense the New Hampshire Associa- Mary Quinn titled “2006 Commercial Law Pattorneys tion of Criminal Defense Cooper William S. Leach Update” recently held in and Lawyers in Bedford, N.H., on Oklahoma City. Mr. Miller’s spoke at the Oklahoma Asso- the topic of creative cross- presentation updated practic- ciation of Defense Counsel’s examination. His two-hour ing attorneys from across the recent Products Liability Semi- lecture dealt with preparing state on changes in the Uni- nar in Oklahoma City. They for cross-examination, form Commercial Code, and are two of a team of experts approaches to cross-examina- Mr. McCaffrey and Mr. John- that presented on related sub- tion of lay and expert witness- son co-presented “Update on jects throughout the day. es, dealing with non-respon- Consumer Law and the erry E. Shiles of Oklahoma sive witnesses and dealing Impact on Commercial Law JCity was the featured with objections and Issues.” speaker at a two-day course at impeachment. nvironmental attorney Washburn University School EMary Ellen Ternes has of Law on the topics of “Cal- organized and will moderate a culating Child Support for panel discussion titled “The Military Personnel” and “Dis- How to place an announce- Clean Air Act and Nanotech- ability, Death and Related ment: If you are an OBA nology” to be held Jan. 16, Topics of Cheer in Civil Ser- member and you’ve moved, 2007, one of several national vice and Military Retirement become a partner, hired an associate, taken on a partner, teleconferences on nanotech- Cases.” He was also a featured speaker at the recent received a promotion or an nology and environmental award or given a talk or law in a series produced by National Business Institute speech with statewide or the ABA Section of Environ- “Advanced Asset Protection national stature, we’d like to ment, Energy and Resources Strategies” seminar in Okla- hear from you. Information as part of its Nanotechnology homa City as well as featured selected for publication is Project. The teleconference speaker at the recent Half printed at no cost, subject to will review the science, tech- Moon “Medicare/Medicaid editing and printed as space nology, law, policy and com- Planning after the DRA” semi- permits. Submit news items mercial implications of engi- nar in Oklahoma City. (e-mail strongly preferred) in writing to: neered nanoscale materials klahoma City lawyer when viewed as promising OArmand Paliotta recently Lori Rasmussen materials in air contaminant spoke at two conferences. He Public Information Dept. detection and monitoring, as addressed the topic of limited Oklahoma Bar Association regulated emissions subject to liability companies at the OBA P.O. Box 53036 Oklahoma City, OK 73152 engineering controls, potential Annual Meeting, and in (405) 416-7018 air contaminants and as fuel December, he spoke at the additives. Fax: (405) 416-7001 or Oklahoma Society of CPA’s E-mail: [email protected] ulsa lawyer Thayla Painter annual tax institute where he TBohn recently spoke at the presented his paper on merg- Articles for the Feb. 10, National Business Institute ers and acquisitions. 2007 issue must be advance trial advocacy semi- received by Jan. 22.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 185 IN MEMORIAM

ull “Sonny” Bivens of State University where he of Law from 1931-1941, and CTulsa died Dec. 15, 2006. earned his bachelor’s degree. had served as president of He was born on June 21, 1930 He received his law degree Oklahoma Municipal Attor- in Tulsa and graduated from from OCU and began private neys Association and the Locust Grove High School in practice. He also served OCU Alumni Association. 1948. He enlisted in the briefly as an Oklahoma Coun- Navy after high school and ty assistant district attorney. on Ed Payne of Fort was assigned to the General Memorial donations may be DTowson died Dec. 1, Court Marshall Board 11th made to the American Cancer 2006. He was born Sept. 10, Naval District. He served Association or to the charity 1938, in Eufaula. He was a during the Korean War and of your choice. 1956 graduate of Eufaula was stationed in Japan. He High School, attended OBU obert Moore Helton graduated from OU in 1957 of and TU, where he received and the TU College of Law in RWichita Falls, Texas, died both his B.A. and LL.B. He 1961. He served as LeFlore Oct. 24, 2006. He was born in served as Choctaw County County attorney 1963-1965 Enid on Jan. 23, 1913. He was associate district judge and and Tulsa County assistant a local oil producer and attor- had a long career in both the district attorney from 1965- ney whose fascination with private and public practice of 1968. He later joined the law the oil business began as a law. He received the OBA firm of Van Cleave, Norvell, young child. He graduated Courageous Advocate Award Gresham and Liebler and from OU and the University in 1989. He also lectured and retired in 1999. Memorials of Michigan Law School. He instructed seminars and train- may be made to St. Jude’s was most proud of his legal ing for trial lawyers and was Children Hospital. work before the U.S. Supreme an instructor for CLEET certi- Court in 1979, when he suc- fication classes for peace offi- rthur L. Dyer Jr. of Indi- cessfully argued the case of cers. Memorials may be Aanapolis, Ind., died Nov. Hughes v. State of Oklahoma. made to A.R.K. (Animal Res- 25, 2006. He was born Aug. He served during World cue and Kare) of McCurtain 29, 1925. He practiced law in War II as a C-47 pilot in the County or to the American Oklahoma City for 25 years Pacific Theater. Memorials Society for the Prevention of and later served on the bench may be made to the charity of Cruelty to Animals. as a Special Court Judge. He your choice. served in the U.S. Coast ichard Paul Ryan of Tulsa Guard in the Pacific Theater erome E. Hemry of Okla- Rdied Oct. 30, 2006. He during WWII on the U.S.S. Jhoma City died Dec. 30, was born Jan. 1, 1914, in Gen. A.W. Greely. He grad- 2006. He was born July 22, Sioux City, Iowa. He moved uated from St. Louis Univer- 1905, and he was admitted to to Oklahoma as a young boy. sity with a bachelor’s degree the Oklahoma bar in 1928. At He graduated from Cascia in political science and the time of his death he was Hall Preparatory School in earned his J.D. from OCU. of counsel to Hemry, Hemry 1931. He earned a B.A. in & McDoniel PC. A Missouri English in 1935 and a B.S. in ewey Hays Foster of native, he moved to Okla- business in 1936 from TU. He DOklahoma City died homa with his family as a was a 1940 graduate of the Nov. 27, 2006. He was born young child. A graduate of OU College of Law. He Sept. 16, 1940, in Pauls Valley OCU and the OU College of served in the U.S. Army after and attended Capitol Hill Law, he was accepted to graduating from law school. High School in Oklahoma graduate study of law at Har- In 1957, he graduated from City. He served in the U.S. vard University wherein he the Stanford University Exec- Air Force beginning in 1956. received his LL.M. degree at utive Development Program. After completing his military age 23. He was a professor at He was also admitted to duty, he attended Central the Central Oklahoma School practice law in Colorado,

186 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 Montana and Texas. He Association. Memorials may was honored by the TU Col- retired as general counsel of be made to the American lege of Law in 2001 with a Exxon USA in 1979. Lung Association. Lifetime Achievement Award and was designated a distin- ill Sexton of Lawton died loyd L. Walker of Tulsa guished alumnus in 2002. BNov. 6, 2006. He was Fdied Dec. 13, 2006. He Contributions may be made born Nov. 19, 1928, and grad- was born March 27, 1919, in to the TU College of Law. uated from Lawton High Kiefer. He joined the U.S. School in 1947. In 1948 joined Army Air Corps Aviation owe C. Wynn Jr. of Tulsa the Navy, serving in the Cadet Program in 1942 and Rdied Oct. 25, 2006. He Korean War on the U.S.S. was assigned to a combat was born Oct. 5, 1936. He Valley Forge aircraft carrier. crew as a bombardier, where graduated from TU with a He received the Korean Ser- he flew 26 missions over B.S. in business administra- vice Medal, the U.N. Service occupied Europe in a B-24. tion in 1960 and he received Ribbon and the Good Con- He was awarded the Air his J.D. in 1962 from the TU duct Medal. He attended Medal and the Distin- College of Law. He served in Cameron State Agricultural guished Flying Cross. He the U.S. Air Force. Memori- College and then graduated received his law degree from als may be made to the from the OU College of Law the TU College of Law. He Jamestowne Society, Okla- in 1960. He was a member was a fellow of the American homa Company. of the Comanche County Bar College of Trial Lawyers. He

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LEGAL RESEARCH AND WRITING. Brief writing, CIVIL APPEALS, RESEARCH PROJECTS, BRIEF motions, civil appeals, and trial support since 1995. Lou WRITING, DISCOVERY ISSUES & LITIGATION Ann R. Barnes (918) 810-3755; [email protected] SUPPORT. Experienced former federal law clerk will handle state and federal appeals, draft motions and OF COUNSEL LEGAL RESOURCES — SINCE 1992 — briefs and assist in trial preparation. Amy H. Welling- Exclusive research & writing. Highest quality: trial ton (405) 641-5787, E-mail: [email protected] and appellate, state and federal, admitted and practiced INTERESTED IN PURCHASING Producing & U.S. Supreme Court. Over 20 published opinions with Non-Producing Minerals; ORRI; O & G Interests. numerous reversals on certiorari. MaryGaye LeBoeuf Please contact: Patrick Cowan, CPL, CSW Corporation, (405) 728-9925, [email protected] P.O. Box 21655, Oklahoma City, OK 73156-1655; (405) 755-7200; Fax (405) 755-5555; E-mail: [email protected]. Digital Forensics Computer Investigations TRAFFIC ACCIDENT RECONSTRUCTION AND EVALUATION OF HIGHWAY DESIGN • BATES ENGINEERING INC On December 1, 2006, new amendments to the (405) 703-3182 1 (800) 299-5950 Federal Rules of Civil Procedure for the discovery and handling of electronic information will go into effect: John T. Bates, P.E. 50 years engineering experience Board Certified by ACTAR OKDFP offers Computer Investigations, Discovery, Evidence Storage, and Expert Testimony. Contact us for your FREE consultation. OKC attorney has client interested in purchasing pro- (918) 85-OKDFP www.OKDFP.com ducing and non-producing, large or small, mineral interests. For information, contact Tim Dowd, 211 N. Robin- Oklahoma Digital Forensics Professionals, Inc. son, Suite 1300, OKC, OK 73102, (405) 232-3722, (405) 232-3746 — fax, [email protected]. APPEALS and LITIGATION SUPPORT — Research and writing by a veteran generalist who thrives MEDICAL MALPRACTICE on wide variety of projects, big or small. Cogent. Concise. Nancy K. Anderson, (405) 682-9554, Need to file a med-mal claim? Our licensed medical [email protected]. doctors will review your case for a low flat fee. Opin- ion letter no extra charge. Med-mal EXPERTS, Inc., www.medmalEXPERTS.com. (888) 521-3601 HANDWRITING IDENTIFICATION POLYGRAPH EXAMINATION Board Certified Court Qualified ABRAHAM’S SINCE 1959 NATIONWIDE Diplomate — ABFE Former OSBI Agent Life Fellow — ACFE FBI National Academy BAIL BONDS Arthur D. Linville (405) 636-1522 Attorney’s EXPRESS Service DISCOUNTED Bond Fees on Referrals MEDICARE – MEDICAID – HEALTH LAW Mark S. OFFICE OPEN & STAFFED 24/7 Kennedy, P.C. Attorneys and Counselors at Law – A Toll Free 1-877-652-2245 OKC 528-8000 Health Law Boutique concentrating practice in Healthcare regulatory and payment matters and other Business Services to the healthcare provider and prac- EXPERT WITNESSES • ECONOMICS • VOCATIONAL • titioner. Formerly Counsel to U.S. Department of MEDICAL Economic Damages, Lost Profits Analysis, Busi- Health and Human Services’ Centers for Medicare & ness/Pension Valuations, Employment Discrimination, Medicaid Services and Office of the Inspector Divorce, Wrongful Discharge, Vocational Assessment, Life General. Voice (972) 479-8755; Fax (972) 479-8756; Care Plans, Medical Records Review, Business/Legal Ethics. [email protected] National Experience. Call Patrick Fitzgerald. (405) 447-6093.

188 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007 SERVICES POSITIONS AVAILABLE

TRAFFIC ACCIDENT RECONSTRUCTION ASSISTANT ATTORNEY GENERAL, Consumer Pro- INVESTIGATION • ANALYSIS • EVALUATION • TESTIMONY tection Unit. Minimum four years experience is 25 Years in business with over 20,000 cases. Experienced in required in the practice of law. Responsibilities include automobile, truck, railroad, motorcycle, and construction zone prosecution of civil and criminal consumer cases, accidents for plaintiffs or defendants. OKC Police Dept. 22 years. directing investigations, participation in bankruptcy Investigator or supervisor of more than 16,000 accidents. cases, multistate investigations, litigation of consumer Jim G. Jackson & Associates Edmond, OK (405) 348-7930 and antitrust cases, and enforcement of laws regulating charities. Position requires knowledge of WordPerfect. SOIL & GROUND WATER POLLUTION AND Salary range $45,000 to $55,000. See website at DAMAGE INVESTIGATION: Expert Witness. Dr. G.A. www.oag.state.ok.us for more details. Submit resume, (JIM) SHIRAZI, Ph.D., RPG, CPSSC. 30yrs Experience cover letter, writing sample and references to Drew in Oil, Gas, Mining & Environmental cases in Federal, Edmondson, Attorney General, 313 N.E. 21st Street, District and Corporation Commission Courts. Tel: (405) Oklahoma City, OK 73105. 478-1228. Email: [email protected]. MEDIUM-SIZED OKC LITIGATION firm with empha- AFARM Consulting, L.C. sis in insurance defense seeks motivated associate with Raleigh A. Jobes, Ph.D. 0-2 years experience for challenging position with 2715 West Yost Rd Stillwater, OK 74075-0869 responsibilities in all phases of litigation, including Phone (405) 372-4485 Fax (405) 377-4485 research, discovery, document analysis, depositions, E-Mail [email protected] court appearances, and case load management. Must Agricultural Economic and Business Consultant be detail oriented. Strategic thinking skills and some Will provide independent and objective analysis of agricultural related problems. Resume and Fee schedule sent upon request. travel required. Competitive salary and benefits for commensurate qualifications, experience and performance. Send resume, cover letter outlining previous lit- CERTIFIED COMPUTER EXAMINER, John W. Bridges, igation experience, and writing sample not to exceed Norman, OK., (405) 310-2629 www.jbadata.com five pages to Box “V,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK, 73152. TEXAS LITIGATION/COLLECTION — Texas AV- rated attorney ready to assist you in your Texas needs OKC AV FIRM SEEKS ASSOCIATE with 1-5 yrs. Expe- in the areas of domesticating and collection of judg- rience. The attorney must be a motivated self starter. ments, jurisdictional challenges, arbitrations, collec- This position allows an attorney to handle his or her tions, depositions, court appearances, and general liti- own case load with supervision. An associate is need- gation. Call Harry J. Fisk at (214) 739-8900, or e-mail ed with experience in insurance subrogation, insurance him at [email protected]. defense and workers compensation defense. Deposi- tion experience helpful. Send resume and salary SIGNATURE and HANDWRITING writer identi- requirements to Box “W,” Oklahoma Bar Association, fied. DOCUMENTS examined for alterations. P.O. Box 53036, Oklahoma City, OK 73152. Specialized lab equipment. Since 1978. Certified. PAT TULL (405) 751-1299. ANDREWS DAVIS, P.C. IS SEEKING A LEGAL ASSIS- TANT to work in the Firm's Corporate Department. OFFICE SPACE This position requires experience in business entities and corporate transactions and performance of both GREAT DOWNTOWN OKC LOCATION — TWO paralegal and secretarial duties. Andrews Davis offers OFFICES AVAILABLE FOR SUBLEASE Receptionist, great pay and benefits and a positive work environment. phone, copier, fax, law library, kitchen, conference Qualified applicants should email their resume to room and DSL internet. Call Kelly at (405) 236-3600 or [email protected] or fax to Cathy Collins at come by 204 N. Robinson, Suite 2200. (405) 235-8786.

BRICKTOWN ON THE CANAL — Prestigious Office EXPANDING OKLAHOMA CITY BASED FIRM seeks 7 to space located directly on the canal in the historic Miller- 10-year lawyer for its commercial, construction and insur- Jackson Building. 2800 sq ft. Available March 1, 2007. ance litigation practice. Must have significant trial experi- Parking $35 per month additional. Call (405) 235-8426. ence, outstanding reputation and commitment to highest caliber professional services. Competitive compensation BEAUTIFUL COURTYARD OFFICE SUITES available in package commensurate with experience and other factors East Edmond. Recept.; 3 offices; wet bar and copy/stor- available. All inquiries will be kept in strict confidence. age. 940 sq. ft. 2 and 3 year terms available. Janitorial Please send resume to Box “G,” Oklahoma Bar Association, included. Contact 330-1518 or 330-0118. P.O. Box 53036, Oklahoma City, OK 73152.

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 189 POSITIONS AVAILABLE BOOKS

LEGAL INSTRUCTOR/HEARING OFFICER: Individ- THE LAWBOOK EXCHANGE, LTD. Buys, sells and ual filling position will be licensed to practice law in appraises all major law book sets. Also antiquarian, Oklahoma, will serve as General Counsel for agency, scholarly. Reprints of legal classics. Catalogues and will be responsible for curriculum review & deliv- issued in print and online MasterCard, Visa ery of legal instruction in CLEET Basic Academies at and AmEx. (800) 422-6686; fax: (732) 382-1887; Ada, OK. Responsibilities include development and www.lawbookexchange.com. delivery of legal Continuing Education classes which are conducted at various locations statewide. Salary: CLASSIFIED INFORMATION $45,030.30 annually, plus state benefits. Submit resume and cover letter to CLEET, 2401 Egypt Road, Ada, OK CLASSIFIED RATES: One dollar per word per 74820-0669. See CLEET website for in-depth job descrip- insertion. Minimum charge $35. Add $15 surcharge tions: www.cleet.state.ok.us. Positions will remain open per issue for blind box advertisements to cover until filled. CLEET is an EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER. forwarding of replies. Blind box word count must include “Box ____ , Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152.” Display IMMEDIATE OPENINGS AVAILABLE FOR OKLA- classified ads with bold headline and border are $50 HOMA LICENSED ATTORNEY in the Oklahoma per inch. See www.okbar.org for issue dates and County District Attorney’s Office, Civil Division. Qual- Display Ad sizes and rates. ified candidates must have extensive experience in civil rights, state and federal litigation, knowledge of DEADLINE: Tuesday noon before publication. Ads Open Record and Open Meeting Acts, governmental must be prepaid. Send ad (e-mail preferred) in writ- contract law and proven ability to represent county ing stating number of times to be published to: officers and employees. Pay is commensurate with Melissa Brown experience and in accordance with pay scale within the Oklahoma Bar Association Oklahoma County District Attorney’s Office. The P.O. Box 53036 Oklahoma County District Attorney’s Office is an Oklahoma City, OK 73152 equal opportunity employer. These are full-time posi- E-mail: [email protected] tions with salary and benefits. Interested applicants Publication and contents of any advertisement is not to should respond no later than January 19, 2007. Send be deemed an endorsement of the views expressed resume and cover letter to: John M. Jacobsen, Okla- therein, nor shall the publication of any advertisement homa County District Attorney’s Office, 320 Robert S. be considered an endorsement of the procedure or serv- Kerr, Suite 505, Oklahoma City, Oklahoma 73102. ice involved. All placement notices must be clearly non- discriminatory.

THE PAWNEE NATION OF OKLAHOMA HAS TWO TRIBAL COURT POSITIONS:

Title: Attorney General/Prosecutor — Duties/ Responsibilities: Responsible for the serving as the Attorney General of the Pawnee Nation. Prosecution of all criminal, civil and child welfare case within the jurisdiction of the Pawnee Nation. Title: Public Defender— Duties/Responsibilities: Responsible for representing indigent individuals in criminal matters before the Pawnee tribal court. Experience and Skills — Both positions require that individuals in either position must be in good standing of any State Bar Association or an Indian graduate of any American Bar Association approved law school. This is not the complete job description, please see at tribal website at www.pawneenation.org or call (918) 762-3621 ext. 25 for description or Pawnee tribal employment application. Deadline: — Must submit: Resume by 5:00 p.m., January 29, 2007 in order to be considered. Mail To: — Pawnee Nation of Oklahoma • P.O. Box 470 • Pawnee, OK 74058 • Attn: Lyle E. Fields, Personnel Director

190 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007

Vol. 78 — No. 2 — 1/13/2007 The Oklahoma Bar Journal 191 THE BACK PAGE Where’s the Courthouse? By B.J. Brockett

I had been practic- young boy, perhaps as to what kind of a ing in Oklahoma City 12-14 years old. He pervert he had about nine months was coming up the encountered so when I was sent by street in my direc- early in the my employer to the tion, licking on an ice morning, he Murray County cream cone most replied, “Sir, I Courthouse on a likely don’t know motion docket. I purchased at if we have a had been to Sulphur a nearby whorehouse in several times, but Dairy this town.” had no idea where Queen. Mr. Brockett the courthouse was. I rolled practices in I did recall from ear- the car Oklahoma City. lier visits a large, red window brick building in the down east part of town. I and

had in mind that this called to building was the him, courthouse when I “Young arrived in Sulphur on man, can

that late spring you tell me He was coming morning of 1963. where the I drove to the red courthouse is?” up the street in brick building. There He paused, took a “ was a large sign out few steps front, something to toward me my direction, the effect of “VFW and said Hall.” I sat in my car, politely, “ licking on an motor running (gas “Pardon was much cheaper me?” ice cream then), and pondered I repeated, my next move. It “Can you cone… was already warm tell me outside, so I kept the where the car windows up and courthouse the air conditioning is?” on. He As I sat there, cautiously thankful that I had closed the arrived sufficiently remaining ahead of the 9 a.m. distance between docket call to allow us. Peering through time to find the the car window, courthouse, I saw a undoubtedly curious

192 The Oklahoma Bar Journal Vol. 78 — No. 2 — 1/13/2007