Inside: Interview with Bernard E. Boudreaux Jr. In memoriam: Cheney C. Joseph Jr. Can an employer be vicariously intoxicated?

March Bar Luncheon — March 23 speaker: gov. WORK • PLAY • PRACTICE

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2 Around the Bar March 2016 inside march 2016

4 Contributors 5 Letter from the president “Courtroom drama” By jeanne c. comeaux 6 March bar luncheon 7 Tales from the bar side “Crash dummy” By vincent p. fornias 9 Gail’s grammar 10 in memoriam “Cheney C. Joseph Jr.: A personal reflection” By charles mccowan On the cover: 12 “Can an employer be vicariously intoxicated under La. C.C. article 2314.5?”

Featured on the cover of the March 2016 issue of Around By l. adam thames the Bar magazine is Louisiana Governor John Bel Edwards. Gov. Edwards will speak at the BRBA March 23, 2016, Bar 14 Bar news Luncheon. Please join us! 17 what I’ve learned Cover photography by Marie Constantin. Photo provided by “Bernard E. Boudreaux Jr.” By joseph cefalu III the Office of the Governor of the State of Louisiana. 21 west’s Jury Verdicts 22 Foundation footnotes

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The “Future Legal Eagles” law club is funded by a grant from the South Burbank Crime Prevention and Development District.

March 2016 Around the Bar 3 Published by the Baton Rouge Bar Association P. O. Box 2241, Baton Rouge, LA 70821 contributors Phone (225) 344-4803 • Fax (225) 344-4805 • www.brba.org The Baton Rouge Bar Association will be the beacon for the full spectrum of the legal profession by fostering professional courtesy; increasing the diversity of the bar and the participation of under- represented groups; maintaining a sound financial base; enhancing and developing member services and community outreach; and Joseph J. Cefalu III, an associate with Breazeale, Sachse & Wilson, LLP, promoting and improving the image of the profession. is an assistant editor of Around the Bar. Officers Jeanne C. Comeaux, President...... 381-8051 Karli G. Johnson, President-elect...... 389-3704 Jeanne C. Comeaux, a partner in the Baton Rouge office of Breazeale, Sachse Linda Law Clark, Treasurer...... 346-8716 & Wilson, LLP, is the 2016 president of the Baton Rouge Bar Association. Amy C. Lambert, Secretary...... 381-0283 Robert J. Burns Jr., Past President...... 767-7730

Directors at large Vincent P. Fornias, an assistant editor of Around the Bar, is a solo Shelton Dennis Blunt Melissa M. Cresson practitioner whose practice focus is alternative dispute resolution. Lauren Smith Hensgens Christopher K. Jones Melanie Newkome Jones david Abboud Thomas Ex Officios Pamela Labbe is the communications coordinator Danielle Clapinski • Kara B. Kantrow • Robin Krumholt Eric Lockridge • Jodi Bauer Loup • Matthew Meiners of the Baton Rouge Bar Association. Judge Pamela Moses-Laramore • Anne Richey Myles Debra Parker • Michael Platte • Michelle Sorrells

Charles McCowan, of counsel in the Baton Rouge aba delegate Preston J. Castille Jr. office of Kean Miller LLP, is a contributing writer. bankruptcy Section Eric Lockridge...... Chair Gail S. Stephenson, an assistant editor of Around the Bar, business/corporate law Section is the director of legal analysis and writing and an associate Michael Platte...... Co-chair professor of law at Southern University Law Center. Matthew Meiners...... Co-chair construction law Section L. Adam Thames, a partner in the law firm Jodi Bauer Loup...... Chair Charles Hardie...... Past chair of Taylor Porter, is a contributing writer. Family Law Section Anne Richey Myles...... Chair Jennifer M. Moisant...... Chair-elect Vincent Saffiotti...... Secretary Joanna B. Hynes...... Past chair

public law practice Section Danielle Clapinski...... Chair Christopher K. Odinet...... Past chair

workers’ compensation Section Robin L. Krumholt...... Co-Chair Debra T. Parker...... Co-Chair Michelle M. Sorrells...... Co-Chair Judge Pamela Moses-Laramore...... Co-Chair

Young Lawyers Section Officers Kara B. Kantrow, Chair...... 769-7473 Loren Shanklin Fleshman, Chair-elect...... 223-6333 Francisca M. M. Comeaux, Secretary...... 376-0216 Scott M. Levy, Past Chair...... 299-3059

Young Lawyers Section Council Ashley N. Butler Chelsea Gomez Caswell Jordan Faircloth Kellye R. Grinton Erin Sayes Kenny

baton rouge bar association Staff Ann K. Gregorie, Executive Director 214-5563 Kelsie Bourgeois , Executive Assistant 344-4803 Donna Buuck, Youth Education Coordinator 214-5556 Caroline Cooper, Pro Bono Coordinator 214-5558 R. Lynn S. Haynes, Asst. Teen Court Coordinator 214-5564 Robin Kay, Pro Bono Coordinator 214-5561 Susan Kelley, Office Manager 214-5559 Pamela Labbe, Communications Coordinator 214-5560 Carole McGehee, Lawyer Referral Coordinator 214-5557 Julie Ourso, Bookkeeper 214-5572

Publications Committee

Editor: Ed Walters — 236-3636

Asst. Eds.: Joseph J. Cefalu III — 381-3176 vincent P. Fornias — 769-4553 Grant J. Guillot — 346-1461 Gail S. Stephenson — 771-4900, ext. 216 Art Vingiello — 751-1751 AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to the editor. Graphic Design / Ad Sales: Pamela Labbe — 214-5560 Articles should be less than 1,800 words, typed and single-spaced. A Word file should be emailed as an attachment to: [email protected].

Katherine Dampf Lexi Holinga Gracella Simmons For advertising information call Pamela Labbe at 225-214-5560. Display ads should be high-resolution attachments (.PDF), and classified ads Kathryn Dufrene Dianne M. Irvine Rebecca Wisbar as text only. Please email all ad artwork to [email protected]. Publication of any advertisement shall not be considered an endorsement of the Rachel L. Emanuel Melanie N. Jones Jeff Wittenbrink product or service involved. The editor reserves the right to reject any advertisement, article or letter. Lane Ewing Dale Lee Robert A. Woosley John Fenner John McLindon Greg Gouner Christopher K. Odinet Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected]. All Rights Reserved • Copyright ©2016

4 Around the Bar March 2016 letter from the president by jeanne C. comeaux Courtroom drama

Have you ever been tempted to stand up in a theater and yell, “I object!” I have. I want to object to the implausible theatrics of the “lawyers” who would never be allowed to behave as portrayed if they were in an actual court of law. Where are Hollywood’s legal consultants? I know what you must be thinking about now: “Lighten up, it’s just a movie.” And for the most part, I agree — especially when the movie is a silly comedy created only to make us laugh. For example, it is easy to forgive the writers of “My Cousin Vinny” for allowing Vinny (Joe Pesci) to briefly respond to the prosecutor’s opening argument with, “Everything that guy just said is bull-s**t. Thank you.” If you intentionally went to see “Legally Blonde,” you probably expected Elle Woods (Reese Witherspoon) to save the day by knowing her Prada shoe seasons and “the cardinal rule of perm maintenance,” and you probably did not care that the second chair defense attorney freely tagged-teamed his lead counsel with follow up questions of his own, without one objection. And let’s not forget “Liar Liar,” starring the frenetic, rubber-faced Jim Carey. His character would have been fired by his client and by his law firm, and he would have been held in contempt of court for his seemingly psychotic behavior in the first few minutes of the courtroom scene. However prejudicial the judge’s comment would have been in front of the jury, he had the best line of the movie: “It is out of sheer morbid curiosity that I am allowing this freak show to continue.” We all love a freak show, so it’s no wonder that Hollywood keeps cranking out courtroom movies with increasingly whacky dialogue and even more colorful characters, with little attention to the actual practice of law. Jeanne C. Comeaux Legal dramas, on the other hand, have provided much inspiration through memorable lines, presented in more believable scenarios. We all have a favorite quote or two, or five. See if you can match these memorable lines with the movies from which they came:

1. “I hate lawyers, I just work for them.” A. “The Paper Chase” (Timothy Bottoms, 1973)

2. “I’m your dream client. I’m the most fun, I’m rich and I’m always in trouble.” B. “The Firm” (Tom Cruise, 1993) 3. “You can’t handle the truth!” C. “The Verdict” (Paul Newman, 1982) 4. “Mr. Hart, here’s a dime. Take it, call your mother, and tell her there is a serious doubt about you ever becoming a lawyer.” D. “The People v. Larry Flint” (Woody Harrelson, 1996) 5. “Jean Louise, stand up — your father’s passing.” E. “A Few Good Men” (Jack Nicholson, 1992) 6. “Hey Ray, wouldn’t it be funny if I went to Harvard, and you went to jail, and we both ended up surrounded by crooks?” F. “Erin Brockovich” (Julia Roberts, 2000) 7. “I object, Your Honor! This trial is a travesty. It’s a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham.” G. “Reversal of Fortune” (Ron Silver, 1990)

8. “I know what’s legal, not what’s right. And I’ll stick to what’s legal” H. “Bananas” (Woody Allen, 1971)

9. “You have one thing in your favor — everybody hates you.” I. “A Man for all Seasons” (Paul Scofield, 1966) 10. “Your Honor, with all due respect: If you’re going to try my case for me, I wish you wouldn’t lose it.” J. “To Kill A Mockingbird” (1962)

If you were able to match all of these quotes without Internet assistance or peeking at the answers below, you (a) are probably over 50, and/or (b) have been spending a little too much time on Netflix. For those of you who are interested in a movie marathon, the American Film Institute has ranked its top 10 best courtroom dramas (www.afi.com/10top10), and you can also find a list of the 10, 20 and 50 best courtroom movies at www.flickchart.com. Shakespeare was right — “All the world’s a stage,” but maybe nowhere more than in a courtroom. For better or worse, we get to be the actors.

Answers: 1, F; 2, D; 3, E; 4, A; 5, J; 6, B; 7, H; 8, I; 9, G; 10, C March 2016 Around the Bar 5 march Louisiana Governor John Bel bar luncheon Edwards to speak March 23

The BRBA will hold its March Bar he was chosen by his classmates Luncheon Wednesday, March 23, as the vice chairman of the 2016, at Ruffino’s Catering at De Honor Committee in Charge of La Ronde Hall, 320 Third St. Investigations. After eight years of active duty with the U.S. Army as The luncheon speaker will be an Airborne Ranger, culminating Louisiana Gov. John Bel Edwards, with command of a rifle company who was sworn in as Louisiana’s in the 82nd Airborne Division 56th governor Jan. 11, 2016. at Fort Bragg, North Carolina, Gov. Edwards’ political career he went on to graduate Order started in 2008 when he was of the Coif from Louisiana State elected to the Louisiana House University’s Paul M. Hebert Law of Representatives, representing Center. District 72 in Louisiana’s North Shore region. BRBA members are invited to attend the March Bar Luncheon Despite being a freshman legislator, at Ruffino’s Catering at De La he was selected to lead the House Ronde Hall, 320 Third St. ($30 Louisiana Governor John Bel Edwards Democratic Caucus and also to per member; $40 per guest). chair the House Veterans Affairs Please RSVP to Kelsie Bourgeois committee. by noon Thursday, March 17, 2016. “No shows” will be invoiced. Cancellations must be made by Thursday, He is a 1988 Dean’s List graduate of the United States March 17, 2016, at noon. Fax the form below to 225- Military Academy at West Point. While at West Point, 344-4805 or email it to [email protected].

Please complete this form and fax this entire page to the BRBA at (225) 344-4805 by noon Thursday, March 17, 2016.

Bar Roll No.______Please check applicable affiliation: ❏ BRBA ❏ guest

Name______Firm______

Address______

City ______State ______Zip ______

Phone ______Fax ______

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LUNCHEON — YES, register me for the MARCH BAR LUNCHEON at Ruffino’s Catering at De La Ronde Hall, 320 Third St., which will take place ❏ WEDNESDAY, MARCH 23, 2016, at 11:45 a.m. at $30 per BRBA member. Guests who are non-members may attend for $40 per person. SPACE IS LIMITED. Please reserve your seat by sending in this form to Kelsie Bourgeois at the BRBA by Thursday, March 17, 2016, at noon. Fax to 225-344- 4805 or email to [email protected]. Cancellations must be made by noon Thursday, March 17, 2016. “No shows” will be invoiced. Online registration is also available at www.BRBA.org.

If paying by credit card, please include the following: To register for this luncheon and pay by credit card, Name on credit card: ______go to www.BRBA.org, Type of card: (circle one): MC VISA AmExpress Discover select the EVENTS tab, then click on LIST Card Number: ______and choose the appropriate meeting. Exp. Date: ______Security code:______

6 Around the Bar March 2016 tales from the bar side by vincent p. fornias Crash dummy

As a full-time mediator I have learned over the a nice enough man with a good sense of humor. The years that my role in any given gathering is a flexible case involved an industrial accident where the defendant one, depending upon the needs of the moment and the contractor’s scaffold plank had fallen from above, personalities of the parties and their lawyers. It is far striking the plaintiff, who thankfully was wearing a hard from unusual to have to transform from Jack Nicholson hat at the time. The damages claimed included issues with to Mr. Rogers in a span of hours or even minutes. Among the cervical spine as well as some fuzzy traumatic brain the roles I’ve played, never have I been confused for a injury diagnoses. mediation version of “Mr. Bill,” until recently. We mediated for several hours, past both lunch and Of course, the identities of the parties and their the serving of homemade fresh-from-the-oven cookies. lawyers must be kept secret to protect the incompetent. We were still considerably apart when I entered the Just note that the plaintiff’s lawyer, not from Red Stick, plaintiff’s room with the latest “baby step” offer from was renowned for anger-management issues sprinkled the defense, which in fairness was responding to a litany with a good dose of arrogance. That day he drove to our of healthy seven-figure demands from plaintiff’s counsel. Essen Lane facility with his devoted (and at least second) After framing the offer the best I could, there followed wife, also a lawyer. Although technically this was her seconds of uncomfortable silence as the plaintiff’s lawyer’s case, the poor woman could not as much as go to the mandible visibly ground away stressfully into probable ladies’ room without his consent. “Control freak” does TMJ-land. Then he turned to his spouse, instructing her not adequately describe the freakiness of his control. to follow him. Almost as an afterthought, he ordered me The defense lawyer was a local guy, a well-respected and along as well. even-tempered, grizzled vet of many a courtroom tussle. Without another word, he was pressing the “down” He was this day accompanied by his client’s claim rep, button on our ninth floor elevator. When we alighted at

March 2016 Around the Bar 7 lobby level, he led a procession to his fancy outfitted van on outside his window nine stories below. in our parking lot and warned me to stand aside. Then, I returned quickly to the ninth floor. Luckily I had with the help of his bride, he systematically unloaded one worked many times before with defense counsel, who seriously heavy-looking scaffold plank from the rear of right or wrong had grown to trust me. I suggested that he his vehicle along with a yellow hard hat. Almost matter- and his client look down from their plate glass window, of-factly, he told me to put on the hat. where the lawyer and his spouse were systematically As mediators we learn to use words and language that arranging a fresh banker’s box to be massacred. I begged send the desired message without escalating an already him and his client to say nothing, but to simply follow me volatile situation. I will confess to you, dear reader(s), downstairs and silently and courteously witness the show. there was no mediator lingo that suitably replaced my I promised them that their participation in this exercise reflexive response of, “Not in THIS lifetime, buddy.” would soon help me to help them settle their case. And Acting quite pleased with himself that he had presaged so they did, even as they tried to hold a poker face at the my reaction, he then unloaded a heavy cardboard empty absurdity of the performance. banker’s box and placed it on the pavement of the parking Soon thereafter serious negotiations commenced. lot. As his wife did her best Vanna White imitation, he Though the mediation that day was recessed without a proceeded to balance the plank vertically on the pavement, final deal, an agreement was reached days later after a then allowed it to tip over with its end crashing onto the few follow-up calls. I was confident that the relatively box. Houdini was never prouder at the conclusion of any modest settlement number would have been out of reach demonstration. After a brief and tactful reminder from had the plaintiff’s lawyer not been allowed to strut his me that the last time I checked the Rules of Evidence you stuff in the parking lot that day. When the ink was dry, still needed substantial similarity of circumstances to put defense counsel half-jokingly confided to me that but for on courtroom accident reconstructions, he brushed me the display, they might have paid another $100K to settle aside and declared that I had five minutes to retrieve the the case. defendants from the ninth floor to witness his masterpiece. In all subsequent dealings with defense counsel, at Failing that, he declared, he would see them in court. just an appropriate time, I have entered his room, stone- While all this was taking place, his poor client remained faced, and instructed him to “follow me, and don’t say a ensconced in a conference room, clueless as to the goings- word.” He knows by now that he won’t get hurt.

8 Around the Bar March 2016 Gail’s Grammar A curb is the raised edge separating the street from the sidewalk or, used as a verb, to restrain. A curve is a bend or an arc. The words have very different meanings but sound similar, and people frequently confuse them when the words are used in idioms. The biggest culprit is the phrase “ahead of the curve,” which refers to a statistical curve. The high point of the curve is the middle, or average, and if you are on the right side of the curve, you are above average or ahead of the times. The most frequently misused idiom with curb is “curb your enthusiasm.” You’re holding back your enthusiasm, not bending it, so you don’t “curve” your enthusiasm. You also kick people or ideas to the curb when you reject them in a humiliating way; think of throwing them on the street.

EXAMPLES: Southern was ahead of the curve when it established legal clinics long before the ABA began requiring practical-skills education. James had to curb his enthusiasm for the project when he learned how much it would cost. When they broke up, she felt as if she’d been kicked to the curb.

Send suggestions for future Gail’s Grammar columns to Gail Stephenson at [email protected], or call Gail at 225.771-4900 x 216.

Teen Court of Greater Baton Rouge needs attorneys to volunteer to assist with the program. To find out more, contact Donna Buuck at 225-214-5556 or [email protected] or R. Lynn Smith Haynes at 225-214-5564 or [email protected].

March 2016 Around the Bar 9 Editor’s Note: Much has been said and written about Cheney Joseph in memoriam: Jr. and all of the “hats” he wore as a lawyer. At one time or another he was the U.S. Attorney, District Attorney, Executive Counsel to the Governor, District Court Judge, Executive Director of the Louisiana Judicial College, and, of course, a professor at LSU Law School from the Cheney C. Joseph Jr.: early 1970s to the present, and recently its co-dean. Cheney was to give a luncheon presentation to the BRBA and the ad below was published in the February 1991 issue of Around the Bar. We thought it would be A personal reflection a fitting accompaniment to this article.W e asked Charles McCowan to give us a more personal perspective. by charles mcCOWAN

I met Cheney when we were in law school in 1965. I was living in the Married Student Apartments at LSU. Cheney was living with his grandparents. He quit law school because he wanted to be an Episcopal priest and didn’t have any money. His mother found him a job through a good friend of hers, East Baton Rouge Parish District Attorney Sargent Pitcher, as an investigator. He stayed there a while until his mother told Sargent Pitcher, “Either fire him, send him to law school or send him to the seminary.” He chose law school and worked at the D.A.’s office. After graduation, he continued to work at the D.A.’s office until Paul Hebert, Dean of the LSU Law School, hired him to teach, which he did until his death, along with all of his other accomplishments. Cheney was my friend, and he had a great relationship with the lawyers and judges in Louisiana because he taught so many of them. As many know, Cheney was a runner. He ran after class most days with his running entourage, of which I was one. He always had bad knees, but he never would get surgery because he was waiting for his son Terrell to become an orthopedic surgeon (which he did) so he wouldn’t have to

Cheney C. Joseph Jr. and Charles McCowan

pay for them. He brought the word “cheap” to a new level. Cheney and Mary, and Mary McCowan and I traveled the world together. I would pay for the plane, hotel, meals and even the newspaper in the morning, and Cheney enjoyed himself because he always thought he was getting it for free. At the end of the trip I would always send Mary a bill for half and she would pay it. Everyone who knows Cheney knows about his clothes. Cheney AGED his clothes. He wore ties older than himself, often inherited from his grandfather, his uncle, my grandfather and my father. A staple in his tie rotation was a tie my grandfather gave to him in his will: A 1936 Stork Club nightclub tie. Aside from his quirks, Cheney was my friend, and he left a legacy that will never be forgotten.

10 Around the Bar March 2016 March 2016 Around the Bar 11 Can an employer be vicariously intoxicated under La. C.C. article 2315.4?

by l. Adam thames

Damages under Louisiana otherwise, according to Rivera, law have long been viewed would “virtually eliminate as a means by which a party punitive damage awards.”6 is compensated for a proven Though Bourque and Rivera did injury or loss.1 On the other not address vicarious liability hand, monetary awards designed of an employer, under article to punish or deter reckless 2315.4 the parallels are obvious. conduct, referred to as punitive Subsequently, in Curtis or exemplary damages, are v. Rome, the Fourth Circuit disfavored under our law and held that the employer was awarded only when expressly vicariously responsible for the authorized by statute or damage caused by its employee, contract.2 Louisiana Civil Code article 2315.4, one of the “includ[ing] exemplary damages under . . . art. 2315.4.”7 most contentious punitive statutes, allows for exemplary Thereafter, in Lacoste v. Crochet, the Fourth Circuit damages when “[i]njuries on which the action is based acknowledged its previous decision in Curtis, stating that were caused by a wanton or reckless disregard for the rights “this Court held that an intoxicated driver’s employer, and safety of others by a defendant whose intoxication when held vicariously liable for damages caused by while operating a motor vehicle was a cause in fact of the the driver, may be cast for exemplary damages under resulting injuries.” The plain language of article 2315.4 2315.4.”8 However, the precedential value of Lacoste focuses squarely on the conduct of an intoxicated driver is questionable in this instance as the employer focused who causes injury. Whether an employer can be held its appellate arguments on whether the plaintiff proved vicariously liable for the exemplary damages arising out of legal intoxication of its employee rather than challenging the reckless conduct of its intoxicated employee, however, vicarious liability for article 2315.4 damages. remains unsettled. Following Curtis and Lacoste, the Louisiana Supreme In Smith v. Zurich, one of the earliest reported Court confronted the reach of article 2315.4 in Berg v. decisions on vicarious liability under article 2315.4, Judge Zummo and found that the legislature’s intention was to Berrigan of the Eastern District of Louisiana granted an directly target and punish intoxicated drivers.9 Specifically, employer’s summary judgment on exemplary damages, the court held that article 2315.4 “does not allow the holding that article 2315.4’s language “defendant whose imposition of punitive damages against persons who have intoxication while operating a motor vehicle was a cause- allegedly contributed to the driver’s intoxication” and in-fact of the injuries” applied only to the intoxicated thus refused to extend liability under article 2315.4, in employee-driver and not his employer.3 this instance, to the bartender who served the intoxicants Bourque v. Bailey, a 1996 Third Circuit case, sought or otherwise contributed to the driver’s intoxication.10 to expand the scope of punitive damages under article Notably, the court acknowledged previous appellate 2315.4 to those who provided intoxicants to a minor decisions that found employers vicariously liable for driver. The court found that the “non-driving defendants article 2315.4 damages but reserved judgment on that are not answerable, at least directly, for exemplary legal issue for another day.11 damages” and that the driver’s insurer had possibly In Darby v. Sentry Insurance Automobile Mutual Co., contractually assumed that responsibility. The court one of the first appellate court decisions on exemplary concluded with dicta that “only the intoxicated driver, his damages following Berg, the First Circuit recognized that insurer and, where applicable, his legal representatives” an employer, as a non-driving defendant, did not fulfill could be liable for exemplary damages.4 In Rivera v. all of the legislatively imposed requirements for liability United Gas Pipeline Co., the Fifth Circuit held that under article 2315.4.12 Accordingly, the court held as a “punitive damages, like any other type of negligence, matter of first impression that even where the employer’s may be imputed to a principal through the acts of its actions are found to be wanton and reckless under a agent.”5 However, that case interpreted article 2315.3, negligent entrustment theory, the employer’s liability did since repealed, which provided for punitive damages for not extend to exemplary damages under article 2315.4.13 the negligent handling of hazardous substances. To hold While Darby did not directly address an employer’s

12 Around the Bar March 2016 vicarious liability for exemplary damages, the First Circuit the article was to penalize only the intoxicated driver of made clear that it “is not bound by the decision of [the the motor vehicle, not the employer or any other party.20 Fourth Circuit Court of Appeal in Curtis and Lacoste] on Judge Haik expressly rejected Curtis and Lacoste, opting . . . [the] issue [of indirect liability for punitive damages] instead to follow the Louisiana Supreme Court’s more and . . . [that the Fourth Circuit’s] conclusion may be recent analysis of article 2315.4 in Berg. Consequently, the contrary to the principle of strict construction of punitive court granted partial summary judgment in favor of the statutes . . . .”14 employer, finding that “[article 2315.4] is clearly aimed at Vicarious liability for exemplary damages was the offending person’s behavior and none other.”21 subsequently analyzed by the Third Circuit in Romero v. The Curtis and Lacoste decisions finding employers Clarendon in which a plaintiff alleged that an employee of vicariously liable for exemplary damages under article the defendant trucking company was under the influence 2315.4 have not been overruled, nor have the holdings of drugs when he caused an accident and resulting in Bourque or Rivera that arguably allow for exemplary injuries.15 The trial court denied the plaintiff’s motion for damages to be assessed against a “legal representative” summary judgment seeking an assessment of exemplary or “principal” of the intoxicated driver, respectively. damages against the employer, finding that “art. 2315.4, Moreover, the trial court in Favors distinguished Romero as a matter of law, is limited in its application to the alleged and recognized a cause of action for vicarious liability for intoxicated or impaired driver of the motor vehicle.”16 The exemplary damages when the employer allegedly “knew Third Circuit affirmed the trial court’s ruling, reasoning or should have known” or “could have prevented” that “[article 2315.4] is clearly aimed at the offending its employee’s intoxication and resulting accident. person’s behavior [i.e., the driver who is intoxicated] Notwithstanding, the more recent trend beginning with and none other.”17 Interestingly, Romero goes on to state the Louisiana Supreme Court’s decision in Berg, followed that the employer’s liability for damages resulting from by Darby, Romero and Langford, is to shield anyone other the employee’s intoxicated state “hinges upon whether it than the intoxicated driver from liability for exemplary could have prevented [the employee] from driving while damages under article 2315.4. under the influence of drugs or alcohol.”18 Until the Louisiana Supreme Court resolves these The language in Romero regarding whether the conflicting decisions, however, an employer’s vicarious employer could have prevented the employee’s intoxication liability for exemplary damages under article 2315.4 was limited to the employee’s own negligence and arguably will remain unsettled. Given the serious injuries that are immaterial to the Court’s ultimate ruling on exemplary typically caused by intoxicated drivers and the fact that damages under article 2315.4. However, at least one trial most liability policies do not insure punitive conduct, the court in the Third Circuit has since relied on that language highest court’s resolution of this legal question cannot to distinguish its holding. Specifically, inFavors v. Aaron’s, come soon enough. Inc., the trial court, accepting the petition’s allegations as true, found a cause of action for vicarious liability for 1Int’l Harvester Credit Corp. v. Seale, 518 So.2d 1039 (La. 1988). exemplary damages under article 2315.4 because the 2Ross v. Conoco, Inc., 02-0299 (La. 10/15/02), 828 So.2d 546, 555. employer of the allegedly intoxicated driver knew or had 31996 WL 537746 (E.D. La. 1996). 4 reason to know its employee was routinely working while 93-1657 (La. App. 3 Cir. 9/21/94), 643 So. 2d 236, 240-41. 596-0502 (La. App. 5 Cir. 6/30/97), 697 So.2d 327, 336. under the influence of illegal substances and had certain 6Id. corporate drug testing policies and procedures in place 798-0966 (La. App. 4 Cir. 5/5/99), 735 So.2d 822, 826. that, if followed, could have prevented the employee’s 899-0602 (La. App. 4 Cir. 1/5/00), 751 So.2d 998, 1003-04. 9 intoxicated state and subsequent accident and injury to the 00-1699 (La. 4/25/01), 786 So.2d 708, 717-18 10Id. 19 plaintiff. Though the trial court’s ruling allowed a cause 11Id. at n.6. (“We express no view on whether punitive damages can be of action for vicarious liability of article 2315.4 damages imposed against a party who is vicariously liable for general damages to survive a judgment on the pleadings, it enhanced the resulting from the conduct of an intoxicated person, such as an plaintiff’s burden at trial beyond simply proving that the employer.”) 1207-0407 (La. App. 1 Cir. 3/23/07), 960 So.2d 226, 234. employee was intoxicated and in the course and scope of 13Id. his employment at the time of the accident. Nevertheless, 14Id. at 226, n.1. this ruling was not published, and no appellate court has 1510-338 (La. App. 3 Cir. 12/29/10), 54 So. 3d 789. 16 interpreted Romero in that fashion. Romero v. Clarendon Am. Ins. Co., No. 2008-11097-I (5th Jud. Dist. Ct. 8/21/09), 2009 WL 8637959. More recently, in Langford v. National Carriers, Inc., 17Romero, 54 So. 3d at 789, 792. Judge Haik of the Western District of Louisiana examined 18Id. all of the legislative history and preceding opinions on 19No. 2013-4618 (14th Jud. Dist. Ct. 7/21/14). The Third Circuit and the issue of vicarious liability for exemplary damages Louisiana Supreme Court denied writs, and this legal issue was not appealed. under article 2315.4 — including Lacoste, Curtis, Berg 20No. 12-01280 (W.D. La. February 6, 2015), 2015 WL 518736. and Romero — and found that the legislative intent of 21Id. at *3.

March 2016 Around the Bar 13 bar news BY ASHLYN ROLLINS PAMELA LABBE Y PAMELA OTO B P H OTO BRBF Law Day to take place May 2

Robert Savage will chair the 2016 BRBF Law Day Activities, which will be held Monday, May 2, at the Baton Rouge River Center Theatre. This year’s theme is: “Miranda: More than Words.” Essay, poster and video contests are available for middle and high school students. The BRBF’s Law Day activities include a formal District Attorney Hillar Moore III and U.S. Attorney J. Walter Green were two naturalization ceremony of new American citizens. The of several recipients of 2015 President’s Awards during the Jan. 13, 2016, Bar Leader Installation Ceremony. Past President Robert J. Burns Jr. presented program will be followed by interactive sessions with a the awards. Photographed above are (L to R) Moore, Burns and Green. panel of judges, lawyers and law enforcement officers at the various Baton Rouge courts, and an opportunity for the students to participate in a mock vote. Approximately Awareness Response organization. Additionally, she is 1,000 students and their teachers are expected to attend involved with various SULC programs and community the event. organizations, devoting her time to public service. Contact Donna Buuck at [email protected] or 225- 214-5556 to volunteer. BRBF to collect plastic Easter eggs and individually wrapped candy for planned Easter egg hunts BRBA law student volunteer to be featured in The National Jurist The BRBF is accepting donations of plastic Easter eggs, bags of individually wrapped candy or pre-filled Brittany Tassin, a 3L student from eggs with individually wrapped candy. Donated items can the Southern University Law Center who be dropped off at the BRBF office, 544 Main St., from volunteers with the BRBA, was recently March 4 to 18, between 9 a.m. and 4:30 p.m. selected by The National Jurist magazine as The collected plastic eggs and candy will be used one of the top five law students of the year. for the BRBF Easter Extravaganza, which are Easter egg Tassin currently serves on the BRBF Tassin hunts that are scheduled to take place the week of March Teen Court as a jury monitor and on the 21, 2016, at three local elementary schools that serve BRBF Junior Partners Academy, mentoring elementary underprivileged children. To assist with the hunts, contact school students to promote interest in the legal field. Volunteer Committee staff liaison Carole McGehee at Determined to become a sex-crimes prosecutor, she 225-214-5557 or [email protected]. volunteers as a legal intern for the Sexual Trauma and PAMELA LABBE Y PAMELA Photographed during the Baton Rouge Bar Association’s annual OTO B P H OTO Opening of Court, Memorial & New Member Ceremony, which took place Wednesday, Jan. 27, 2016, are (L to R) Linda Law Clark, Robert H. Hodges, Amy C. Lambert and Robert J. Burns Jr. Hodges has practiced law for 65 years and was one of several lawyers who were honored during the ceremony. Clark, Lambert and Burns are 2016 officers of the BRBA Board of Directors. The ceremony, which was followed by a brief reception, was held at the 19th Judicial District Court in Baton Rouge, Louisiana.

14 Around the Bar March 2016 March Bar Luncheon to feature Gov. John Bel Edwards as the BRBA guest speaker March 23

PAMELA LABBE Y PAMELA Louisiana Gov. John Bel Edwards will speak to BRBA members during the March Bar OTO B P H OTO Luncheon at Ruffino’s Catering at De La Ronde Hall Wednesday, March 23, 2016. Seating for the luncheon begins at 11:45 a.m. To register, complete the luncheon form on Edwards page 6 of this issue and fax to 225-344-4805. Contact Kelsie Bourgeois for more information: 225-344- 4803 or [email protected]. Online registration is available. Photographed after the BRBA February Bar Luncheon, which took place Wednesday, Feb. 17, 2016, are (L to R) Magistrate Judge Erin Wilder-Doomes, Judge Tarvald Smith and BRBA President Jeanne Comeaux. Wilder-Doomes 30th Anniversary Law Expo & September Bar and Smith were the guest speakers for the luncheon, which was a combined Luncheon to take place Sept. 8 meeting for the BRBA, Baton Rouge Association of Women Attorneys, Federal Bar Association (BR Chapter) and Louis A. Martinet Legal Society. The BRBA Fall Expo & Conference will take place Wednesday, Sept. 8, 2016, at L’Auberge Casino & Hotel Baton Rouge. This event, which marks the 30th Anniversary of the Law Expo, will be chaired by Bill PAMELA LABBE Y PAMELA Kirtland. Pamela Labbe is the staff liaison and can be reached at [email protected] or 225-214-5560. OTO B P H OTO Several BRBA members have found new positions with the Office of the Governor of Louisiana

Several local attorneys are now employed with the Office of the Governor of Louisiana, Loren Shanklin Fleshman, BRBA Past President Robert J. Burns Jr. and YLS including , Richard L. “Rick” Chair Kara B. Kantrow were photographed after the Jan. 27, 2016, Opening of Court, Memorial & New Member Ceremony. Fleshman and Kantrow McGimsey, Julie Baxter Payer and Erin Monroe helped to organize the event. Wesley. Jay Dardenne was recently named the Dardenne commissioner of administration and Richard L. “Rick” McGimsey was named general counsel

PAMELA LABBE Y PAMELA to the commissioner of administration. Dardenne was formerly the Louisiana

OTO B P H OTO lieutenant governor, and prior to that, had served as the secretary of state. McGimsey previously served as director of the Civil McGimsey Division in the Attorney General’s Office. Julie Baxter Payer was recently named the deputy chief of staff for communications, legal affairs and special projects. Payer worked as a broadcast journalist covering the Capitol for 14 years and served more recently During the Opening of Court, Memorial & New Member Ceremony, Hon. as a communications and legal adviser to the Payer Quintillis Lawrence (left) recited the Pledge of Allegiance and Rolando Urbina (right) read passages in memory of BRBA members who passed Legislative Auditor. away in 2015. Erin Monroe Wesley, who formerly was the executive vice president and chief operating Volunteer writers needed to officer for the Baton Rouge Area Chamber, submit substantive legal articles was named special counsel for the Edwards for publication in future administration. She previously worked as Wesley Around the Bar issues. general counsel for Mitch Landrieu, when he was lieutenant governor. Contact Pamela Labbe at [email protected] or 225-214-5560 for more information.

March 2016 Around the Bar 15 16 Around the Bar March 2016 PHOTO BY PAMELA LABBE What I’ve learned: Bernard E. Boudreaux Jr. by joseph cefalu III

Vital Statistics Name: Bernard E. Boudreaux Jr. Age: Somewhere around 78.5 Born: In Berwick, Louisiana Raised: In Baldwin, Louisiana Parents’ Occupations: Father — school superintendent; Mother — school librarian Siblings: Four brothers, one sister — all much younger Married to: Dr. Sally Clausen Children: Two daughters and a son, eight grandchildren, a stepdaughter and stepson, and two step-grandchildren Law School: Graduated from Southwestern Louisiana Institute (ULL for the unannointed), LSU Law School, 1961

The best advice I ever received: Don’t try to change the I’d like to be 26 again because: I do not want to be 26 facts. again.

The best advice I have given: Never lie to the judge, and I like New York because: It has everything that any other do the right thing to the extent that you know what that is city has, except Paris and Venice. at the time you act. Growing up I first wanted to be: A druggist, simply Being a lawyer allowed me to learn: What goes around because I knew two. Later I wanted to be an architect, comes around, so it is wise to treat others as you wish to simply because I knew one. I also knew several doctors be treated. but because they always hurt me I never aspired to be one.

I always looked up to: People who are smarter than I, Turning points in my life have been: (see below) and who use that intelligence to do what they believe is right. There is a large number of those people, including Turning point 1: After a brief stint at a military academy my parents. pursuing an engineering degree, I further pursued that course at SLI, but when I realized that I didn’t much care Jobs I had as a kid: I worked at a filling station, on a farm whether the measure was one erg or one horsepower, I baling hay, and at a carbon plant bagging carbon black. went into history and political science. After accumulating College was free, so I bought a used 1952 six-cylinder a bunch of hours in algebra, calculus, physics, history and Plymouth with my pay, the speedometer of which had political science, my adviser told me that all I could do with been considerably turned back, but I could mostly keep it that conglomeration was to go to law school. So I did, and running myself. that steadfast dedication was the beginning of a number of very fortuitous happenings in my life. What makes me angry: Being stabbed in the back by those whom I have helped, without warning. Turning point 2: After graduating from law school in 1961, I joined the Judge Advocate I wish: I could be head coach, or at least offensive Generals Department, Strategic Air Command, coordinator, for LSU. I am very well qualified U.S. Air Force, and served on active duty for because I have never ever been wrong on Monday. three years. I volunteered for the JAG to avoid the draft and the risk of being shot at. To this day I Books I read: Books on military history, because consider that decision to be one of the best I ever of the change brought about by wars. made. As a captain in the Air Force I flew a desk,

March 2016 Around the Bar 17 was never shot at and served without incurring any injury but that was quickly brushed aside. That judicial error whatsoever. I was also the beneficiary of the experience of was compensated for by a light sentence of confinement graduating from law school and being immediately sent to the base for only five days. I was also the base claims into court to try criminal causes, as both a prosecutor and officer, which mostly involved sonic boom claims, such as a defense attorney. Being a defense attorney was easier causing a mule to bolt, resulting in injury to the farmer because all the defendants were guilty, and the job then who was strapped to the plow the mule was pulling. was to mess up the record enough to create a basis for Another was a claim for a sinking front yard. After the appeal. I was on a small air base, and only two of us tried probable cause analysis, the farmer was paid, and the yard all the cases. We each got one acquittal during our three- claim was denied. As can be seen, being a judge advocate year tenure, and each acquittal was due primarily because was fun, and I appreciated the fancy sounding appellation. the officers on the court didn’t like the officer who brought the charge, and not because the defendant was not guilty, Turning Point 3: After the Air Force tour I returned to nor due to any skilled oratory by the lawyers. Otherwise, Franklin and the hum-drum of representing banks, sugar it was difficult to obtain acquittals because the base farmers, sugar mills and insurance companies, with the law commander approved the charges for trial, and he also firm of Bauer, Darnell, Fleming, McNulty and Boudreaux. selected the officers to serve on the jury, most of whom were crusty old World War II veterans. Notwithstanding, there was an occasional effort to be fair. I was once sent from my base in northeast Arkansas to Oscoda, Michigan, to defend an Airman Basic who had stolen the base commander’s binoculars, because the on-base lawyers worked for the base commander, and were recused. Note, the jury was not recused. I had a lock cinch unconstitutional search,

18 Around the Bar March 2016 As might be imagined, I didn’t get rich doing that. Then, which the district attorney represented. One anomaly was the break of my life, I was appointed as an assistant that we had the duty to represent the listed agencies, and district attorney in 1966 and afforded a regular return to the revised statutes required us to sue them for violations the court room. In those days it was trial by ambush, both of the Open Meetings law. A school superintendent once in civil and criminal court, and that was great fun. For a told me he couldn’t run a school board obeying that law. while I was the only assistant district attorney in St. Mary I told him if he didn’t I’d sue him. He didn’t and I did. Parish and represented the school board, the police jury, The case settled. I’d appreciate it if no one reported that handled the grand and petit juries and all misdemeanors to my old and dear friend, Chuck Plattsmier, but the law and felonies. My boss rarely came to oversee, so I had a made me do it! As a result of a more active society and an great time. In 1981 my boss retired and I succeeded to ever-increasing crime rate, when I retired in 2000, I had the office of district attorney in the 16th Judicial District, 20 assistant district attorneys and no time to try cases. which included the parishes of Iberia, St. Martin and St. The unfettered authority that is statutorily afforded a Mary, with a population of about 180,000. I had to run district attorney is truly unique in a democracy, and very for that office in 1984 and had two opponents. The race humbling. lasted eight months and almost killed me. The district was 90 miles long, with a very diverse population. One Turning Point 4: In 1985 during my tenure as president end wanted blood; the other end wanted mercy. It was of the Louisiana District Attorney’s Association, the first the last completely clean political race in my memory, and draft of the Louisiana Code of Evidence was presented. fortunately I won. Serendipitously, I was unopposed for The district attorneys abhorred that draft, and Buddy the rest of my tenure, and retired in 2000. The district Caldwell, John Sinquefield and I were given the duty to attorney’s office grew during the 34 years I was in it with delay its enactment by the legislature until we could reach 15-plus years as an assistant, and 18-plus years as district a compromise as to those parts having to do with criminal attorney. In the district we had 17 law enforcement law. We were successful, and a compromise was reached in agencies, three school boards, three parish governments, 1988. I thoroughly enjoyed the opportunity to work with six hospitals, and all the other governmental agencies, such Professors George Pugh, Robert Force and Jerry Rault, the as drainage, recreation, water and sewerage districts, all of three learned professors responsible for drafting the Code.

March 2016 Around the Bar 19 They were tolerant of my comparative ignorance and my classmate and old friend, Gordon Pugh. I spent 10 patient with our persistent opposition. Jim Boren was a enjoyable years there. I left that firm at the end of 2013 worthy opponent during the three years of debate over the in good standing and with best wishes, and am now with Code, and a strong and lasting friendship ensued. While Jones, Swanson, Huddell and Garrison, heading the Baton attending a committee meeting concerning the drafting Rouge office. I made the change because I wanted to be of Chapter 3 of the Code, Jim and I witnessed a serious deeply involved in the litigation seeking environmental debate between Professor Saul Litvinoff and Professors remediation of the Louisiana wetlands, in which this firm Pugh, Force and Rault. About midway through the specializes. It is an exciting and fast moving practice, meeting I timidly raised my hand as a committee member and one which I am thoroughly enjoying. I spent a lot and moved that the chapter apply only to civil cases. of time hunting rabbits and ducks in the marsh, and I About five minutes later Jim invited me into the hall. With saw firsthand what was and is happening there. There is all the courtroom indignation he could muster, and he can absolutely no alternative to remediating the wetlands lest muster quite a bit, he said, “You mean to tell me that you Louisiana continue to wash away and Arkansas have gulf don’t want this chapter to apply to criminal cases?” I said, frontage. “No.” He asked why. I said, “Because I don’t know what they are talking about.” He said, “I don’t either. I’ll join Turning Point 7: Finally, by the grace of Professor Cheney your motion.” The motion passed, and the first sentence Joseph and a generous faculty, I was allowed to teach a in Chapter 3 is: “This chapter applies only to civil cases.” criminal law course at LSU Law School for eight years. The moral: If you don’t know the law, exempt yourself Cheney and I also presented CLE courses at various from its application. seminars for a couple decades. My association and strong friendship with Cheney has been an enormous learning Turning Point 5: After retirement as district attorney in experience and a highlight of my career. His recent death 2000, I became Gov. Mike Foster’s executive counsel, was a tremendous loss to me and a great loss to all of and what a great experience that was. I had been his those who practice criminal law. His contributions to the father’s attorney, his brother’s attorney, his attorney, his study of criminal law are truly irreplaceable. bank’s attorney and his company’s attorney. He trusted me to pursue his projects, and allowed me to handle major issues, such as the state contract negotiations with the New Orleans Saints, the settlement of the 47-year-old East Baton Rouge School desegregation litigation in which he had a serious interest, and the transition of the Edwards’ administration to his. I had the opportunity to be in meetings with President George W. Bush, with whom I spent some time, and even got a ride in the armored presidential limousine and a ride on Air Force One, all complete with pictures. I also got a supersonic ride in an F-15 fighter.

Turning Point 6: When Gov. Foster left office in January 2004, I went to work with Breazeale, Sachse & Wilson, and

20 Around the Bar March 2016 e

March 2016 Around the Bar 21 The Pro Bono Project is financially assisted by the Interest on Lawyers’ Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation; Southeast Louisiana Legal Services; Franciscan Ministry Fund; Family, District and City Court Filing Fees and the Baton Rouge Bar Foundation. Teen Court of Greater foundation footnotes Baton Rouge is finded by the South Burbank Crime Prevention and Development District and the Baton Rouge Bar Foundation. The Youth Education Program pro bono & teen court reports—December 2015 & January 2016 is financially assisted by the Interest on Lawyers Trust Account (IOLTA) of the Louisiana Bar Foundation. The Future Legal Eagles Law Club is funded by a grant from the South Burbank Crime Prevention and Development District.

The Baton Rouge Bar Foundation Pro Bono Project would Sumpter B Davis III, APLC; and Willie Stephens, The like to thank everyone who volunteered in December Stephens Law Firm. 2015 and January 2016. The following donated time and accepted cases in December: Self Help Resource Center Attorney Volunteers — Steven Adams, Adams Law Office Ask-A-Lawyer Volunteers — Scott Gaspard and APLC; Ryan Brown, Roedel Parsons Koch Blache Balhoff Todd Gaudin, On Point Legal, LLC. & McCollister; Janeane Gorcyca, Joubert Law Firm; Lee Higginbotham; Paula Ouder; Renee Pennington, Sumpter Self Help Resource Center B Davis III, APLC; Jennifer Prescott, Attorney Volunteers — Jennifer deGravelles, Palmintier, Holthaus & Fruge; Prescott, deGravelles, Palmintier, Holthaus Gavin Richard and Greg Rozas. & Fruge; Ryan Brown, Roedel, Parsons, et al.; Tracy Morganti, Adams & Reese; Thanks to all who volunteered for the BRBF Denise Lee, Louisiana Workforce Youth Education programs, including Teen Commission; Janeane Gorcyca, Joubert Court and the Future Legal Eagles Law Club. Law Firm; Loreal Jackson, The Law Office teen court Report — Jamie Flowers of LM Jackson, LLC; Gavin Richard; served as judge for the December Teen Court Cynthia Reed, Southern University Law hearing. Professor Paul Guidry, Baton Rouge Center; Steven Adams, Adams Law Office Community College, served as jury monitor. APLC, and Adekunle Obebe, EBR Office Jamie Flowers and Monica Vela-Vick served of Public Defender. as judges for the January Teen Court hearing. Pamela King and Brittany Tassin, Southern University Thirst for Justice Volunteers —Willie Law Center students, served as jury monitors. Stephens, The Stephens Law Firm; Scott Gaspard, and In December, Teen Court defendants and volunteers Allen Posey. stuffed more than 150 toiletry packs for the homeless with supplies donated by attorneys and law firms. Curtis Those accepting pro bono cases in Nelson served as lead trainer for two Teen Court training DECEMBER included — Steven Adams, Adams sessions in January 2016. Monica Vela-Vick assisted with Law Office APLC; J. David Andress, Andress Law Firm; the training session Jan. 25, 2016, along with Southern Stephen Babcock, Babcock Law Firm; Sigrid Bonner; University Law Center students Lynzee Cannon, Kalyn Adrejia Boutte, Christovich & Kearney, LLP; Booker Garner, Draylan Gant and Brittany Tassin. Carmichael, The Carmichael Firm; Benjamin Chapman, In January, Wendy Shea, Monica Vela-Vick and Milling Benson Woodward, LLP; George Downing; Courtney Richardson held Junior Partners Academy Arlene Edwards, Delatte, Edwards & Marcantel; J. Keith presentations at Southern University Lab School. Friley; Willie Joseph; Linda Law Clark, Decuir, Clark & Adams, LLP, and Victor Loraso, Carleton, Loraso & the future legal eagles law club — The club Hebert, LLC. held a monthly meeting Dec. 17, 2015, at the Gardere Inititative, completing its December community service The following donated time in January: project. The club held its January monthly meeting at the Ask-A-Lawyer Volunteers — James Austin, Gardere Initiative Thursday, Jan. 21, 2016. Adams & Reese, and Barbara Baier, Louisiana Public Defender Board. Volunteer writers needed to submit substantive legal articles for publication in future Thirst for Justice Volunteers — Fred Crifasi; Around the Bar issues. V. Charles Cusimano, Hebert, Spencer, Cusimano & Fry; Scott Gaspard; Deborah Gibbs; Hansel Harlan, Alliance Contact Pamela Labbe at [email protected] Title; Steven Judice, Keogh, Cox & Wilson; Christine or 225-214-5560 for more information. Lipsey, McGlinchey Stafford, PLLC; Renee Pennington,

22 Around the Bar March 2016 March 2016 1 1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19 For classified or display ad rates, contact Pamela at (225) 214-5560 20 21 22 23 24 25 26 *Unless otherwise noted, all meetings will or email: [email protected] be held at the Baton Rouge Bar office. 28 30 31 Duty Court 27 29 Calendar

Schedule Ongoing: Every Wednesday & Thursday, 3-5 p.m., Thirst for Justice takes place at St. Vincent de Paul. 19thJDC Civil Court NOTE: Duty Court changes at 5 p.m. each Friday unless otherwise specified. *City Court’s Duty Court schedule Ongoing: Every Tuesday & Thursday, March 1-March 4 Judge Morvant changes each Monday at 8 a.m. **Family Court’s Duty Court 10 a.m.-2 p.m., Self Help Resource Center,19th JDC. March 7-March 11 Judge Johnson schedule is completely different each day, rotating on Fridays ***19th JDC Criminal Court changes each Friday at noon. March 14-March 18 Judge Johnson 1 RCL Portrait Design will be available to March 21-March 24 Judge Hernandez court holiday take portraits of BRBA members March 28-March 31 Judge Hernandez Friday, March 25 Good Friday (through March 4) YLS Council meeting, 8:30-9:30 a.m.; 19th JDC Criminal Court*** 2 March 1-March 4 Judge Marabella 3 Law Day Committee meeting, 12-1 p.m.; March 5-March 10 Judge Anderson Volunteer Committee meeting, 12-1 p.m.; March 12-March 18 Judge Erwin Classifieds 4 Easter Eggstravaganza plastic egg and March 19-March 24 Judge Jackson candy collection drive begins. Drop off March 26-March 31 Judge Daniel offices for lease: Great location donations 9 a.m.-4:30 p.m., until 3/18. with individual offices, confererence room Law Expo Committee, 8:30 a.m.; * 7 Baton rouge City Court and upfront receptionist. 4609 Bluebonnet Feb. 29-March 6 Judge Smith Executive Committee, 8-9 a.m., BSW Blvd., Ste. A — call Chad at 225-757- March 7-March 13 Judge Alexander Teen Court Hearing, LSU Innovation 9484 or email: [email protected]. March 14-March 20 Judge Ponder Park, 5:30-8 p.m. March 21-March 27 Judge Prosser 9 Pro Bono Committee meeting, 12 p.m. March 28-April 3 Judge Temple BATON ROUGE OFFICE SPACE: 12 Ask-A-Lawyer, Bluebonnet Regional Established firm; 201 Napoleon St., Library, 9200 Bluebonnet Blvd., family court** Downtown near 19th JDC and Federal 9:30-11:30 a.m. March 1 Judge Greene courthouses, area for support staff, off-street Publications Committee meeting, March 2 Judge Baker 14 parking, conference room, copier, phone, fax, 8:30 a.m., Walters, Papillion, Thomas, March 3 Judge Day Internet, etc. Some over-flow work available. Cullens, 12345 Perkins Rd., Bldg. One March 7 Judge Day Call Scott Gegenheimer: 225-346-8722. March 8-9 Judge Greene 16 Ask-A-Lawyer, Catholic Charities, March 10 Judge Woodruff-White 9-11:30 a.m.; March 11 Judge Greene join the LAW EXPO committee: YLS Sidebar luncheon with Justice March 14 Judge Day Jeff Hughes, 11:30 a.m.-1:30 p.m.; The BRBA Law Expo Committee plans March 15 Judge Greene the annual Fall Expo & Conference, which FLS Meeting & CLE, Beausoleil March 16 Judge Baker takes place along with the September Bar Restaurant, 12-2 p.m. March 17 Judge Woodruff-White Luncheon. This year’s event will be held Sept. Easter Eggstravaganza meeting, 12 p.m.; March 18 Judge Baker 18 8, 2016, at L’Auberge Casino & Hotel Baton March 21 Judge Day Youth Education Committee Rouge. Contact Pamela Labbe for more info.: March 22 Judge Greene meeting, 12 p.m. 225-214-5560 or [email protected]. March 23 Judge Baker 21 Easter Egg Hunt; March 24 Judge Woodruff-White Teen Court Hearing, EBR Juvenile March 28 Judge Day volunteer to hide eggs! Contact Court, 5:30-8 p.m. March 29 Judge Greene Carole McGehee if you’d like to help the Easter Egg Hunt; March 30 Judge Baker 22 BRBA Volunteer Committee and Easter March 31 Judge Woodruff-White BRBA Board meeting, 12 p.m. Eggstravagana Committee hide candy-filled plastic Easter eggs for local school children. 23 March Bar Luncheon, Ruffino’s Catering juvenile court Easter egg hunts will take place the week at De La Ronde Hall, 11:45 a.m. March 1-March 31 Judge Taylor-Johnson of March 21, 2016. Don’t delay; get hoppin’ Speaker: Gov. John Bel Edwards today! Carole can be reached at 225-214- 24 Easter Egg Hunt 5557 or [email protected]. 25 BRBA Office Closed—Good Friday

March 2016 Around the Bar 23 Baton Rouge Bar Association PRSRT STD P.O. Box 2241 U.S. POSTAGE PAID Baton Rouge, LA 70821 BATON ROUGE, LA PERMIT NO. 746 Return Service Requested

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