ALSO INSIDE: Seeking Default Judgment • Milestone Anniversaries Researching Tribal Court Opinions • 25th Bombing Anniversary • Mock Trial Program
Volume 91 — No. 4 — April 2020
LAW DAY 2020
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contents April 2020 • Vol. 91 • No. 4
THEME: Law Day Editor: Carol Manning FEATURES PLUS 6 Law Day 2020: A Day of Service and Outreach 36 25th Bombing Anniversary: By Ed Wunch OBA Members Remembered 10 Volunteers Needed for One-Day Statewide Hotline 37 Legislative Monitoring Report 12 Law Day Contest Winners By Miles Pringle 26 County Law Day Chairpersons 38 Milestone Bar Member Anniversaries 28 County Bar Association Activities 42 Another Successful Season for the Oklahoma High School Mock Trial Program 32 Law Day Proclamation and Directive By Andrea Medley 34 Make Law Day Year Round With Pro Bono Service 48 Caution – Slow Progress Ahead: Accessing By Katie Dilks and Researching Tribal Court Opinions By Darla W. Jackson
54 Seeking Default Judgment: After Schweigert DEPARTMENTS By Kraettli Q. Epperson 4 From the President 58 First Emergency Joint Order Regarding the 60 From the Executive Director COVID-19 State of Disaster 62 Law Practice Tips 65 Ethics & Professional Responsibility 66 Board of Governors Actions 70 Oklahoma Bar Foundation News 72 Young Lawyers Division 74 For Your Information th 75 Bench and Bar Briefs PAGE 36 – 25 Bombing Anniversary 76 In Memoriam 77 Editorial Calendar 80 The Back Page
PAGE 42 – High School Mock Trial Program From The President Why Do Suffragettes Wear White? By Susan B. Shields
AVE YOU HEARD this is an election year? News also media savvy. These women selected Habout the election is everywhere when you watch three identifying colors to wear to events – television, read the news, listen to the radio, turn on your purple to represent loyalty, gold as a nod to computer or open your mail. In fact, I have been receiving the sunflowers of Kansas where Susan B. so many emails and mail about the election that I feel like Anthony and Elizabeth Cady Stanton cam- I have some new pen pals. I have great memories of taking paigned (green in Britain to signify hope) my sons to vote with me when they were young. I also and white to represent purity and virtue. fondly remember walk- Suffragettes would ing down the street to often wear the purple vote with my parents as and gold (or green) a child at their local poll- The suffragettes wanted a as a sash over a white ing place in our neigh- dress at public events borhood in Bartlesville. symbolic way to dress to show as emblems of the As a young woman, I suffrage movement. did not appreciate that they were part of the cause, and Photographs in those I would not have the days were, of course, in right to vote without they were also media savvy. black and white, mean- the women’s suffrage ing that photos of a sea movement of the early of marching women 20th century. That’s one of the reasons why the theme wearing white dresses provided a clear of Law Day this year celebrating the 100th anniversary of the and bright contrast on the front pages of ratification of the 19th Amendment giving women the right to newspapers. So, when you notice women vote is very meaningful to me. The 19th Amendment reads: wearing white in today’s politics or at the polls – or perhaps at Law Day events – it is “The right of citizens of the United a symbolic way of recognizing the efforts States to vote shall not be denied or of the suffragettes and the passage of the abridged by the United States or by 19th Amendment. any state on account of sex.” As always, if you have a question, comment or suggestion concerning the After Congress approved the OBA, please feel free to call or email me 19th Amendment in June 1919, at at [email protected]. least 36 states needed to vote to rat- ify the amendment for it to become law. Oklahoma was one of the orig- APRIL WELLNESS TIP inal 36 states, voting for ratification A good tip I am trying to on Feb. 28, 1920. incorporate is to not turn on the In the years leading up to the computer for the first hour after approval of the 19th Amendment, the getting to work in the morning. women who lobbied for the right to vote This provides time for some in the U.S. and Britain were known as productive and focused work President Shields practices in suffragettes. The suffragettes wanted without the distraction (and Oklahoma City. [email protected] a symbolic way to dress to show they stress) of checking emails. 405-552-2311 were part of the cause, and they were
4 | APRIL 2020 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2020 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 91 — No. 4 — April 2020 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair content of their ads, and the OBA reserves Editor-in-Chief the right to edit or reject any advertising copy [email protected] LUKE ADAMS, Clinton for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita LAURA STONE Communications Specialist PATRICIA A. FLANAGAN, Yukon BAR CENTER STAFF [email protected] John Morris Williams, Executive Director; AMANDA GRANT, Spiro Gina L. Hendryx, General Counsel; Richard LAURA WOLF Stevens, Ethics Counsel; Jim Calloway, Director Communications Specialist VIRGINIA D. HENSON, Norman of Management Assistance Program; Craig D. [email protected] Combs, Director of Administration; Susan C. SCOTT JONES, Oklahoma City Damron, Director of Educational Programs; TONY MORALES, Shawnee Beverly Petry Lewis, Administrator MCLE Commission; Carol A. Manning, Director ROY TUCKER, Muskogee of Communications; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS &
Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Melody Claridge, Cheryl SUSAN B. SHIELDS, President, Oklahoma Corey, Nickie Day, Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, City; BRANDI N. NOWAKOWSKI, Vice President, Shawnee; Suzi Hendrix, Debra Jenkins, Rhonda MICHAEL C. MORDY, President-Elect, Ardmore; CHARLES W. Langley, Jamie Lane, Durrel Lattimore, CHESNUT, Immediate Past President, Miami; MATTHEW C. Edward Maguire, Renee Montgomery, BEESE, Muskogee; MICHAEL J. DAVIS, Durant; TIM E. DECLERCK, Whitney Mosby, Tracy Sanders, Mark Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO GARRETT, Schneidewent, Laura Stone, Kurt Stoner, Tulsa; BRIAN T. HERMANSON, Ponca City; ANDREW E. HUTTER, Krystal Willis, Laura Willis, Laura Wolf & Norman; DAVID T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Roberta Yarbrough Oklahoma City; MILES T. PRINGLE, Oklahoma City; ROBIN L. Oklahoma Bar Association 405-416-7000 ROCHELLE, Lawton; D. KENYON WILLIAMS JR., Tulsa; JORDAN L. Toll Free 800-522-8065 HAYGOOD, Chairperson, OBA Young Lawyers Division, Shawnee FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid Lawyers Helping Lawyers 800-364-7886 at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year that includes the Oklahoma Bar Journal Board of Bar Examiners 405-416-7075 Court Issue supplement delivered electronically semimonthly. Law Oklahoma Bar Foundation 405-416-7070 students registered with the OBA and senior members may subscribe for $30; all active members included in dues. Single copies: $3
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THE OKLAHOMA BAR JOURNAL APRIL 2020 | 5 Law Day 2020 Law Day 2020: A Day of Service and Outreach By Ed Wunch
N JUST A FEW WEEKS’ TIME, we will have the opportunity to celebrate Law Day. IThe OBA is again sponsoring the Ask a Lawyer TV program on OETA. Although some events may be scaled back or cancelled this year due to the coronavirus pandemic, lawyers are still working to serve their communities. Law Day is also a chance for attorneys to help educate their neighbors about the role of the legal system in society.
Law Day began as a celebration As part of the celebration of Law of the role of law in society. Why is Day, many lawyers provide pro our legal system important? Since bono service by giving free legal you are reading the bar journal, answers during the statewide day you probably have many good of free legal advice, Ask A Lawyer. answers. However, members of Last year, lawyers donated more the public may not have the same than 400 hours of their time to confidence. One study found 44% assist more than 1,700 individu- of nonlawyers find state courts Thursday, als. Whether or not they realize it, intimidating. Still, courts remain April 30 those lawyers were providing just more trusted than other govern- 7-8 p.m. on OETA the sort of public interest legal ser- ment institutions.1 vice encouraged by Rule 6.1 of the We are incredibly fortunate in Featuring Segments On: Rules of Professional Conduct. Oklahoma to have a very accessible During Ask a Lawyer, many judiciary that is clearly invested in Medical Marijuana Law questions from the public are providing fair outcomes for liti- Military/Veteran Issues straightforward. As lawyers, we gants. Law Day is an opportunity Law School Legal Clinics are expert problem solvers. Some to show the public the benefits of legal advice seems like common our system of government and to Hosted by Melissa DeLacerda sense to us, but of course, that increase confidence in our legal sys- advice is informed by our educa- tem. The practice of law is demand- Special Guests: tion and practice. That is why we ing, so it can be challenging to find can assist so many individuals in Oklahoma Supreme Court the time to perform outreach. We just an average of about 15 min- Chief Justice Noma Gurich are privileged to have the oppor- utes per call or email on Law Day. tunity to practice. Even an hour of and Pro bono work like this can outreach at local schools and com- OBA President Susan Shields be some of the most rewarding munity events is a small way that work we do as lawyers. We are a we can preserve confidence in our service-based profession. Helping profession – and perhaps inspire those who otherwise would go future generations of lawyers from without assistance can be a great our communities to join us. reminder of why we chose this path.
6 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Chief Justice Noma Gurich films her portion of the Ask A Lawyer TV show.
Since the 1950s, Oklahoma which opened this semester. Mimi lawyers have celebrated Law Day. Marton shares about her work with It is a great opportunity for us to a former client she assisted with come together to share our passion immigration issues. Her client, for the law with the public and to Teresia, a native of Kenya, came to demonstrate the good work we do the United States for school. The every day. client was suffering domestic violence at the hands of a U.S. ASK A LAWYER TV SHOW citizen, and Mimi helped Teresia This year’s Ask A Lawyer eventually become a U.S. citizen program will air Thursday, April 30, who now is a truck driver enjoying at 7 p.m. on OETA, Oklahoma’s her “paid adventure” as she travels public television station across the client with a licensing application the country with her husband. state. This year’s topics include to become a medical marijuana The military law segment medical marijuana law, military/ grower. He helped his client form will feature Legal Aid Services veteran issues and a spotlight on her business, including preparing attorney Tiffani Oswald. She will the legal clinics at our law schools. articles of organization. He also is share her experiences helping a OBA member Melissa DeLacerda assisting her with tax issues. son obtain an adult guardianship will host the show. The clinic segment will fea- over his father who is a WWII The medical marijuana segment ture Mimi Marton and Roni veteran and another client, a will feature Cushing attorney Doug Amit, both professors at the TU single mother and U.S. Air Force Withiam. After the passage of State College of Law. Roni will discuss veteran, who needed help with Question 788, Doug assisted his the Terry West Civil Legal Clinic, estate planning.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 7 OBA President Susan Shields will CONTESTS AND ACTIVITIES winners. See the names of all the share information about the website The OBA received entries from winners and their winning entries OklahomaFreeLegalAnswers.com, more than 1,200 students from online at www.okbar.org/lawday or where income-eligible individuals across the state focused on this year’s in this issue. can get free answers from volun- theme, “Your Vote, Your Voice, Our teer attorneys. Oklahoma Supreme Democracy: The 19th Amendment at FREE LEGAL ADVICE Court Chief Justice Noma Gurich 100.” We received more entries this For the 44th year, we are orga- will share her thoughts on this year than in 2019, with an impressive nizing the Ask A Lawyer com- year’s theme and will recognize number of entries from counties out- munity service project, providing the Law Day contest winners. side the Oklahoma City and Tulsa free answers to Oklahomans’ legal metro areas. A ceremony was held at questions. This year’s project will the Supreme Court Courtroom at the be Thursday, April 30. Oklahomans Capitol on March 12 for first-place will have the option to email
SUFFRAGE IN OKLAHOMA
As we celebrate Law Day this year, the ABA has selected the theme “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” While the 19th Amendment granted women the right to vote nationally, it had little effect in Oklahoma, since Oklahoma had granted women the right to vote in 1918. Suffragists began their activism in Oklahoma even before statehood. In 1917, they convinced the Legislature to put the question to the vote of the people. On the secretary of state’s website, you can view documents related to State Question 97, including Senate Resolution 5 (written in longhand) that authorized the vote.2 As Photo Credit: Courtesy of the Oklahoma Historical Society shown in a publication by the Oklahoma State Election Board, “[t]he gist of the proposition is that women be allowed universal suffrage.”3 On Nov. 5, 1918, SQ 97 passed with nearly 107,000 votes. With that vote, Oklahoma became the first southern state to grant women the right to vote. When it came time for Oklahoma to ratify the 19th Amendment, some in the state still resisted the suffrage movement. Gov. Robertson refused to call a special session of the Legislature to consider ratification of the amendment. One notable suffragist, Aloysius Larch-Miller of Shawnee, debated the attorney general at a county convention that was considering calling for the special session. She defied doctor’s orders to attend the convention and as a result of her debate, the convention voted to call the special session. Unfortunately, she died of pneumonia the following day. As a result of the work of Ms. Larch-Miller and others like her, Oklahoma became the 33rd state to ratify the 19th Amendment on Feb. 28, 2020. In 1982, Ms. Larch-Miller was inducted into the first Oklahoma Women’s Hall of Fame.4 Tennessee became the 36th state to ratify the 19th Amendment. On Aug. 26, 1920, U.S. Secretary of State Bainbridge Colby signed the Proclamation of the Women’s Suffrage Amendment to the United States Constitution, making it law as of that date.
8 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Law Day contest first-place winners gathered at the State Capitol to be honored. Presenting awards were Chief Justice Noma Gurich, OBA President Susan Shields and Law Day Committee Chair Ed Wunch. [email protected] with their To volunteer, contact your local activities. I am privileged to serve question or to call the toll-free county Law Day chairperson, listed as the 2020 Law Day Committee hotline to speak with an attorney. in this issue or online at www.okbar. chairperson, and I am encouraged Participating in Ask A Lawyer org/lawday. If there is not a county by the support of members of the is a great way for all Oklahoma chair listed for your county, please bar from across the state. If you lawyers to celebrate Law Day. This contact me at [email protected]. have ideas for how to improve annual event gives us the oppor- Law Day, I want to hear from you, tunity to provide a much-needed DIRECTIVE AND and you would be welcome on community service while pro- PROCLAMATION the Law Day Committee. You can moting a positive public image Chief Justice Noma Gurich reach me at [email protected]. of lawyers and the OBA. is continuing the OBA Law Day Oklahoma and Tulsa County tradition of issuing a Law Day lawyers will work together to staff Directive, encouraging courts to ABOUT THE AUTHOR the statewide toll-free hotline from host Law Day events or to visit Ed Wunch is a staff attorney with 9 a.m. to 9 p.m. Some counties will schools to speak on the role of the Legal Aid Services of Oklahoma offer a local phone number for judiciary. Many members of our Inc. His practice focuses on helping residents of those counties to reach judiciary hold local events at their individuals with criminal justice debt a local attorney. Volunteer lawyers courthouses and in their commu- navigate the legal system when in each participating county staff nities. Gov. Kevin Stitt has also they are unable to pay their fines phones at their local location for a signed a proclamation designating and fees. He serves as the 2020 predetermined time period and the April 30 as Law Day in Oklahoma. Law Day Committee chair, after numbers are advertised while the serving as vice chair in 2019. He is Ask A Lawyer TV program is airing. GET INVOLVED a 2013 graduate of the University of Anywhere you live or work, We urge you to participate by California, Irvine School of Law. your help is needed to make this volunteering for the Ask A Lawyer community service project a suc- free legal advice project or by con- ENDNOTES cess. It takes a total of 28 attorneys tacting your local county bar and 1. National Center for State Courts, State of the State Courts - Survey Analysis, www.ncsc.org/~/ for each two-hour shift to fully participating in the many activ- media/Files/PDF/Topics/Public Trust and Confi- staff the statewide number. That ities occurring throughout the dence/SoSC_2019_Survey_Analysis_2019.ashx. 2. www.sos.ok.gov/documents/questions/97.pdf. effort, combined with the local state. We are always seeking inter- 3. Oklahoma State Election Board, Directory of county bars and those answering ested lawyers to get involved in the State of Oklahoma, p. 138. 1921. 4. Linda D. Wilson, Oklahoma Historical email questions, creates a huge the Law Day Committee and will Society, w.w.okhistory.org/publications/enc/entry. need for lawyers to step forward. very soon be planning next year’s php?entry=LA040.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 9
NOTICE OF JUDICIAL VACANCY
The Judicial Nominating Commission seeks applicants to fill a vacancy for the position of District Judge for Okmulgee County, Twenty-forth Judicial District, Office 3. This vacancy is created by the resignation of the Honorable Ken Adair on January 31, 2020. To be appointed to the office of District Judge, one must be a legal resident of Okmulgee County at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of four years’ experience in Oklahoma as a licensed practicing attorney, a judge of a court of record, or both. Application forms can be obtained online at www.oscn.net (click on “Programs”, then “Judicial Nominating Commission”, then “Application”) or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chairman of the JNC no later than 5:00 p.m., Friday, April 17, 2020. Applications may be hand-delivered or mailed. If mailed, they must be postmarked on or before April 17, 2020 to be deemed timely. Applications should be delivered/mailed to:
Jim Webb, Chairman Oklahoma Judicial Nominating Commission c/o Tammy Reaves Administrative Office of the Courts 2100 N. Lincoln Blvd., Suite 3 Oklahoma City, OK 73105
NOTICE OF JUDICIAL VACANCY
The Judicial Nominating Commission seeks applicants to fill a vacancy for the position of District Judge for Tulsa County, Fourteenth Judicial District, Office 9. This vacancy is created by the retirement of the Honorable Linda G. Morrissey on April 1, 2020. Tulsa County District Judge, Office 9 is an at large position. To be appointed to the office of Tulsa County District Judge, Office 9, one must be a legal resident of Tulsa County at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of four years’ experience in Oklahoma as a licensed practicing attorney, a judge of a court of record, or both. Application forms can be obtained online at www.oscn.net (click on “Programs”, then “Judicial Nominating Commission”, then “Application”) or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chairman of the JNC no later than 5:00 p.m., Friday, April 17, 2020. Applications may be hand-delivered or mailed. If mailed, they must be postmarked on or before April 17, 2020 to be deemed timely. Applications should be delivered/mailed to:
Jim Webb, Chairman Oklahoma Judicial Nominating Commission c/o Tammy Reaves Administrative Office of the Courts 2100 N. Lincoln Blvd., Suite 3 Oklahoma City, OK 73105 Law Day 2020 Contest Winners From Across the State
HE OBA LAW DAY COMMITTEE would like to thank Oklahoma educators, students Tand their families for participating in the 2020 Law Day Contest. This year, nearly 1,300 students in 46 different Oklahoma towns entered the contest and more than $4,000 in prize money was awarded. First- through 12th-grade students demonstrated their knowledge of the history and concepts of the theme through essays and multimedia art. Pre-K and kindergarten students were given a choice of coloring activity pages related to the theme, allowing them to show off their budding creative and writing abilities. For both elementary and secondary students, the contest gave them an opportunity to explore the impacts of the 19th Amendment.
Jesse Anderson Grand Prize Twelfth Grade Art Owasso High School Owasso
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1. Emma Brielle Duarte 2. Aubrielle Haubert 3. Eva Kelly 4. Jacob Ponticelli First Place Second Place First Place Second Place Pre-K Coloring Pre-K Coloring Kindergarten Coloring Kindergarten Coloring Jackson Elementary Covenant Community School Augustine Christian Academy Vian Elementary Pauls Valley Stillwater Tulsa Vian
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See the full entry at www.okbar.org/lawday.
5. Gordon Bryan 6. Kellan Neely 7. Luke Kauffman First Place Second Place First Place First Grade Art First Grade Art First Grade Writing homeschool Will Rogers Elementary Regent Preparatory Glenpool Shawnee School of Oklahoma Tulsa
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8. Amelia Kwok 9. Brody Gilliam First Place Second Place Second Grade Art Second Grade Art Nichols Hills Elementary Covenant Community School Oklahoma City Stillwater
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 15 THE NINETEENTH AMENDMENT AND WOMEN’S RIGHT TO VOTE People like Susan B. Anthony and Elizabeth Cady Stanton worked for forty years to win a basic right. On August 18, 1920, twenty-six million women finally got the right to vote. I think that made everything change. The women's right to vote took fifty years to be accomplished, but in the end, women got to vote. Read the full essay at www. okbar.org/lawday. 10 12
THE NINETEENTH AMENDMENT GAVE WOMEN THE RIGHT TO VOTE. WHY IS THAT RIGHT IMPORTANT? It is important that women can vote, just like men. The Constitution tells us that all men are created equal. It means women, too. If all men and women are equal, then if men get to vote, women should get to vote, too. Women are smart. They can be just as smart as men, or even smarter. They can know as much about our country as men do. They can have ideas about how our country should work, just like men. Since women are smart, they should be able to vote. Read the full essay at www.okbar.org/lawday. 13
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10. Sophie Buchanan 11. Ansley Brown 12. Eleanor Duel 13. Elijah McDaniel First Place Second Place First Place Second Place Third Grade Art Third Grade Art Third Grade Writing Third Grade Writing Clara Reynolds Elementary Leedey Schools Will Rogers Elementary Covenant Community School Harrah Leedey Edmond Stillwater
16 | APRIL 2020 THE OKLAHOMA BAR JOURNAL THE EAGLE AND THE PITCHER: A FABLE ON THE RIGHT TO VOTE It was a scorching day, and it seemed as if the sun could not be squelched by any cloud, no matter the size. The desolate land- scape consisted of a scraggly undersized couple of trees and a vast sea of dry Bermuda grass. A few perched birds were soaring high above the ground, scavenging for any sign of water. Read the full essay at www.okbar.org/lawday. 16
MY RIGHT TO VOTE 17 The right to vote is important because voting gives me the chance to have a say in who will be my leader in government. Voting is the way I use my voice to give my opinion and choose the views that best represent what I believe is right. Voting is not a right that every person in the world has. One hundred years ago it was not a right that women had, even here in America. Women were considered to be valued at home, but their voice in government was not recognized. See 14 the full entry at www.okbar.org/lawday
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14. Dustin Hitchcock 15. Boston Hardin 16. Hannah Kauffman 17. Emmagene Kuehl First Place Second Place First Place Second Place Fourth Grade Art Fourth Grade Art Fourth Grade Writing Fourth Grade Writing Covenant Community School Lakeview Elementary School Regent Preparatory School Covenant Community School Stillwater Yukon of Oklahoma Stillwater Tulsa
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 17 A VOTE, A DREAM 20 Voting. That thing you have to do every once in a while. As you plump yourself on your couch after a long day of work and see candidates debating on TV and you think, why is voting so important. Why do people take so much time just deciding on who or what to vote for? I’ll tell you why. Because voting represents us and who we are, it helps us take part in our democracy, it keeps freedom alive, it helps people, it helps the environment. Read the full 18 essay at www.okbar.org/lawday.
WHY DO YOU BELIEVE 21 19 THE RIGHT TO VOTE IS IMPORTANT? Voting is a basic democratic right that should be protected, and promoted, which is why many people are surprised that the U.S. constitution provides no explicit right to vote. The importance of voting is one of the most important rights that U.S. citizens have. Nobody can force people to vote, however many people do vote, because voting lets us tell the government what we want to do and is a very important part of any democracy. Read the full essay at www.okbar.org/lawday.
18. Savanna Moser 19. Paetyn Gilliam 20. Nihal Zehra Erez 21. Alice Greenwalt First Place Second Place First Place Second Place Fifth Grade Art Fifth Grade Art Fifth Grade Writing Fifth Grade Writing Bray-Doyle Schools Covenant Community School Dove Science Avademy Middleberg Public Schools Marlow Stillwater Elementary Blanchard Oklahoma City
18 | APRIL 2020 THE OKLAHOMA BAR JOURNAL A BRIEF COMPARATIVE HISTORY OF SUFFRAGE IN PERU AND THE UNITED STATES Peru was a colony of Spain from the year 1533, when the conquistador Francisco Pizzarro claimed it for Spain to "westernize it" and gain political power for himself. Spanish-born Peruvians and native Incas declared their Independence from Spain on July 28, 1821. On August 27, 1821, indigenous peoples were granted citizenship. The first form of democracy in Peru was called the Nominal Democracy and existed between 1822-1895. Read the entire essay at www.okbar.org/lawday. 24
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COMPARISON OF VENEZUELA AND 25 UNITED STATES VOTING RIGHTS Voting rights play an important part in society. They allow people to express their opinion about how their country should be run. Voting rights vary from country to country. This paper will compare and contrast the voting rights between Venezuela and the United States. The first general election was held in Venezuela on December 14th, 1947. This was the first honest election in Venezuela. This election used compulsory voting which requires citizens to vote in elections, and failure to vote could result in a punishment. Read the entire essay at www. okbar.org/lawday.
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22. Addyson Harmon 23. Mahala Latta 24. Ellie Cheng 25. Addy Ramsey First Place Second Place First Place Second Place Sixth Grade Art Sixth Grade Art Sixth Grade Writing Sixth Grade Writing Tonkawa Middle School Pansy Kidd Middle School The Academy of Classical Newman Middle School Tonkawa Poteau Christian Studies Skiatook Oklahoma City
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 19 UNITED STATES VS. IRAQ, MORE THAN A WAR The country I chose to compare voting rights with the United States was Iraq. I chose Iraq because when I was one month old my dad was deployed to Iraq for the first 15 months of my life. The United States has a more advanced voting system, dating back to the late 1600's. Iraq dates to the biblical days but did not become a county until 1932. Their first 'free' election was 73 years later. The United States military protected the Iraqi poll booths to give the citizens of Iraq a safe voting experience. Read the entire essay at www.okbar.org/lawday. 28
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TIME TO VOTE! US VS. UK! 29 The United Kingdom and the United States are ve1y similar in the way that their government evolved in the department of voting. Both countries have a democratic government. The US has a presidential government and the UK has a parliamentary government. The voting rights of each country are almost indistinguishable. The minimum age to vote is 18 years, both men and women are allowed to vote, and there are no wealth barriers. Read the entire essay at www.okbar.org/lawday.
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26. Julie Castillo 27. Alyne Judkins 28. Jessica Myers 29. Addisyn Miller First Place Second Place First Place Second Place Seventh Grade Art Seventh Grade Art Seventh Grade Writing Seventh Grade Writing Newman Middle School Hobart Middle School Newman Middle School Newman Middle School Skiatook Hobart Skiatook Skiatook
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A HISTORY OF WOMEN’S RIGHTS DEAREST MARY, 33 The fight for equal rights has always I am writing to you to tell you about this been an important part of America's amazing convention I attended yesterday. It rich history. Women gained their was called the Seneca Falls Convention and it entitlements as American citizens by revolting was all about our rights as women. It's a two against the normalities of their time to stand day convention that women could attend! Men up for themselves and their rights. The story could attend today, July 20th, but the first day of how it began lies in the Seneca Falls was exclusively for women! Read the entire essay at Convention of 1848, the birthplace of American www.okbar.org/lawday. feminism. As the very first women's rights convention in the U.S., it served as a starting point for the women's suffrage movement. Read the entire essay at www.okbar.org/lawday. 32
30. Hannah Harris 31. Ava Creekmur 32. Emma Neff 33. Murphy Barnett First Place Second Place First Place Second Place Eighth Grade Art Eighth Grade Art Eighth Grade Writing Eighth Grade Writing Crossings Christian School Monte Cassino School Oakdale Alcott Middle School Oklahoma City Tulsa Edmond Norman
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 21 THE WOMEN’S SUFFRAGE MOVEMENT The women's suffrage movement had a lasting impact on the United States, giving women rights and opportunities that changed the future of the country. Many do not often realize that the movement was not solely focused on voting rights. Elizabeth Cady Stanton, author of the Declaration of Sentiments, made the intentions of the movement clear at the Seneca Falls Convention, held in 1948. Among other things, women in the early 1800's to 1920's wanted emancipation from social constructs within marriage and the workforce. Read the entire essay at www.okbar.org/lawday. 37 36 See the full entry at www.okbar.org/lawday.
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34. Lorene Arneecher 35. Emma Page 36. Nathalia Mireles-Mota 37. Gabe Thomas First Place Second Place First Place Second Place Ninth Grade Art Ninth Grade Art Ninth Grade Writing Ninth Grade Writing Salina High School Cushing High School Tulsa Honor Academy Mingo Valley Christian School Salina Cushing Tulsa Tulsa
22 | APRIL 2020 THE OKLAHOMA BAR JOURNAL 38 THE ROAD TO THE 19TH AMENDMENT 39 When the ballots first started They filled with white men Complaints were not spoken Since the country just began Then the country had grown The ballots, not changed Minorities wanted voting rights And asked that things be rearranged Read the full poem at www.okbar.org/lawday. 40
THE 19TH AMENDMENT About a hundred years ago there were laws From these laws people would quote That women couldn’t run for office Or have the right to vote. All throughout the 1800’s When rights were only male Women marched and protested And even went to jail. Read the full poem at www.okbar.org/lawday. 41
38. Thomas Buchanan 39. Cam Hang Tsan 40. Bryce Philips 41. Kaylee Sprangler First Place Second Place First Place Second Place Tenth Grade Art Tenth Grade Art Tenth Grade Writing Tenth Grade Writing Harrah High School Union High School Kiefer High School Kiefer High School Harrah Tulsa Kiefer Kiefer
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 23 42
CHAINS THAT CONFINE US 45 Chains that confine us Work all day and all night Equality shared, my friends and I Beauty she is a man and not Hard to see the likes of my eyes We know who is and isn’t Take away these shackles These chains that confine us We are like you are we not? Read the full poem at www.okbar.org/lawday.
THE PLIGHT OF THE SUFFRAGETTES AND THEIR ENDURING LEGACY The courageous suffragettes of the Women's Suffrage Movement of 1920 tipped over the first domino that led to an unstoppable force of female empowerment that spread across the world. Had women not rallied together to get the right to vote, the past 100 years would have been extremely different. Luckily, the protests and rallies of the suffrage movement were not only impactful, but also inspirational for years to come. While the amount of changes that resulted from the suffrage movement are vast, I will highlight three specific achievements which have greatly impacted today's culture. Read the entire essay at www.okbar.org/lawday. 44
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42. Palmer Strubhar 43. Aubrey Topping 44. Palmer Strubhar 45. Bryce Cutts First Place Second Place First Place Second Place Eleventh Grade Art Eleventh Grade Art Eleventh Grade Writing Eleventh Grade Writing Piedmont High School Marlow High School Piedmont High School Edmond North High School Piedmont Marlow Piedmont Edmond
24 | APRIL 2020 THE OKLAHOMA BAR JOURNAL THE 19TH AMENDMENT 49 47 She marches down the cold, paved streets, UNIFY: A SONG A chanted rhythm she repeats A century of protest for a right we all deserve And though her voice is loud and clear Women were stripped of their rights to be The states refuse to lend an ear. treated equally Her sentiments have been declared, It was up to the ladies and Susan B. Anthony At Seneca Falls her teeth are bared, To gain equal rights and preserve all liberties She’s Stanton, she’s Anthony, she’s Chapman Catt, Together they… The “cult of womanhood” bespat. See the video at www.okbar.org/lawday. Read the full poem at www.okbar.org/lawday.
THE GROWTH OF VOTING 48 RIGHTS IN THE UNITED STATES When considering changes in American voting laws to include minorities, many people only think of the 15th and 19th amendments, which were supposed to remove voting limitations based on race and gender, respectively.1 However, these amendments are not the only critical historical changes to voting laws in America, and they were not always as successful at bringing equal suffrage as most people assume. When the nation was first founded, only landowning white male adults were given a nationwide vote while today, almost every U.S. citizen has a say in the election process. Read the entire essay at www.okbar.org/lawday.
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46. Katie Williams 47. Tanner Luetjen 48. Katie McQuay 49. Alyssa Hall First Place Second Place First Place Second Place Twelfth Grade Art Twelfth Grade Art Twelfth Grade Writing Twelfth Grade Writing Pocola High School Mingo Valley Christian School homeschool Mingo Valley Christian School Pocola Tulsa Skiatook Tulsa
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 25 Law Day 2020 County Law Day Chairpersons
Adair Garfield Mayes Seminole Joe D. Adair Benjamin Barker Chase McBride Judge Tim Olsen 918-696-2172 580-234-5144 888-848-4558 405-257-2545 and Beaver Harmon McCurtain Jack Cadenhead Cole J. Trippet David L. Cummins Emily Maxwell Herron 405-382-6341 580-625-4597 580-688-9376 580-286-7611 Sequoyah Bryan Hughes McIntosh Kent S. Ghahremani Margaret Taylor Ryan H. Pitts Deborah Reheard 918-775-5900 580-230-3360 405-379-5445 918-689-9281 Stephens Canadian Jackson Noble Carl J. Buckholts Jana Knott Cole McMahan Shane Leach 580-252-3240 405-262-4040 580-482-5551 580-336-2039 Texas Cimarron Johnston Oklahoma Evan Humphreys Christine Larson Judge Laura Corbin Kellie Howell 580-338-3868 580-544-2471 580-371-2387 405-455-1032 Tulsa Cleveland Kay Ottawa Judge Martha Rupp Brayden Jennings Lauren Clifton Jennifer Ellis McAffrey Carter 405-568-3828 and 918-919-9290 918-596-5372 Will Oldfield and Comanche 580-762-1655 Payne Lizzie Riter Taren Lord-Halvorson Amanda Lilley 918-430-2428 Cabelka Latimer 405-624-1734 580-585-4410 David Hale Wagoner 918-471-2272 Pittsburg Richard Loy Gray Jr. Custer James Bland 918-485-2889 Katy Sokolosky LeFlore 918-424-6651 580-323-2951 Amanda Grant Washington 918-962-2436 Pottawatomie James M. Elias Delaware Michelle Freeman 918-336-4132 Kathy Baker Lincoln 405-273-6087 918-791-0040 Sarah L. Soderstrom- Woodward Bridge Pushmataha Thad Parsons Dewey 405-258-1334 Judge Jana Wallace 580-256-9000 Judge Celo J. Harrel 580-298-2553 580-328-5521 Major Joe D. Houk Rogers 405-642-4922 Tim Wantland 918-341-5973
26 | APRIL 2020 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL APRIL 2020 | 27 Law Day 2020 County Bar Association Activities
Some events may be scaled back or judges, attorneys, paralegals, court HUGHES COUNTY cancelled this year due to the coro- clerks, bailiffs, law enforcement BAR ASSOCIATION navirus pandemic. Check with your and administrative assistants. The Hughes County Bar county bar association for the most OCU School of Law Professor Association will join with the current information. Danne Johnson will be the guest Seminole County Bar Association speaker and will speak on the to celebrate Law Day. CANADIAN COUNTY 19th Amendment. For more infor- Local young lawyers and BAR ASSOCIATION mation, contact Taren Cabelka at judges will speak to junior high The Canadian County Bar 580-585-4417. students about the legal profes- Association will host a Law Day Each year members of the local sion and the 100th anniversary of Luncheon Thursday, April 30, at bar and legal community partic- the19th Amendment in conjunc- the Canadian County Courthouse. ipate in an annual golf tourna- tion with this year’s theme. The theme of the luncheon is ment. This year’s tournament will The associations will host an “Your Vote, Your Voice, Our be May 1 at noon at the Lawton essay contest open to all county Democracy: The 19th Amendment Country Club. If you are inter- junior high students and high at 100,” and Chief Justice Noma ested in participating in the CCBA school seniors. The association Gurich will be the guest speaker. Law Day Golf Tournament or if will award a $1,000 college schol- The CCBA will also participate you have questions, please contact arship, the R. Victor Kennemer in the Ask A Lawyer program Golf Tournament Chair Monty Memorial Scholarship, to the win- from 3-6 p.m. in conjunction with Hightower at 580-355-8920. ning senior essay contestant and the statewide effort to provide The county bar will also partici- a gift certificate to the winning free legal advice. pate in the Ask A Lawyer program junior high essay contestant. from 6-8 p.m. in conjunction with The associations will hold an CHOCTAW COUNTY the statewide effort to provide free annual Law Day CLE April 29. BAR ASSOCIATION legal advice. There will be six hours of CLE On May 2, the Tri-County Bar (including one hour of ethics) begin- Association, comprised of Choctaw, CUSTER COUNTY ning at 8:30 a.m. at the Seminole McCurtain and Pushmataha coun- BAR ASSOCIATION County Courthouse in Wewoka. ties, will host a Law Day Banquet The Custer County Bar A Law Day Luncheon will be at the Idabel Country Club. The Association will participate in the held at the Rudolph Hargrave dinner will begin at 6 p.m. with a Ask A Lawyer program from 5-8 p.m. Community Center at noon on social hour. Please RSVP to Emily in conjunction with the statewide April 29. OBA President Susan B. Herron at 580-286-7611. effort to provide free legal advice. Shields will be the featured speaker. Lastly, the associations will COMANCHE COUNTY GARFIELD COUNTY participate in the Ask A Lawyer BAR ASSOCIATION BAR ASSOCIATION program from 7-8 p.m. in conjunc- To celebrate Law Day, the The Garfield County Bar tion with the statewide effort to Comanche County Bar Association Association will participate in the provide free legal advice. will host its annual Law Day Ask A Lawyer program from 6-8 p.m. Luncheon on Thursday, April 30, in conjunction with the statewide JOHNSTON COUNTY at 11:30 a.m. at the Comanche effort to provide free legal advice. BAR ASSOCIATION County Fairgrounds. The Law Day The Johnston County Bar Luncheon is an event for those Association is sponsoring an in the legal profession, including essay contest for all 8th-grade and
28 | APRIL 2020 THE OKLAHOMA BAR JOURNAL 12th-grade students in the county. trial at the Lincoln County McCURTAIN COUNTY The students can choose from a Courthouse. In addition, mem- BAR ASSOCIATION list of topics related to the right to bers will attend the annual Law On May 2, the Tri-County Bar vote and the ratification of the 19th Day Picnic Friday, May 1, at the Association, comprised of Choctaw, Amendment. Cash prizes will be Chandler Baseball Camp. McCurtain and Pushmataha coun- awarded for the winning essays ties, will host a Law Day Banquet at a ceremony to be held at the MAYES COUNTY at the Idabel Country Club. The Johnston County Courthouse. BAR ASSOCIATION dinner will begin at 6 p.m. with a The Mayes County Bar social hour. Please RSVP to Emily KAY COUNTY Association will participate in the Herron at 580-286-7611. BAR ASSOCIATION Ask A Lawyer program from 7-8 p.m. Also on May 2, the McCurtain To celebrate Law Day, members in conjunction with the statewide County Bar Association will host of the KCBA will present local stu- effort to provide free legal advice. a live Ask A Lawyer program on dents with their Law Day Art and Bar association members will KBEL 96.7 FM at 8:30 a.m. The public Writing Contest awards. The county also present students with their is invited to call in and local attor- bar will also participate in the Ask Law Day Art and Writing Contest neys will be answering questions. A Lawyer program from 7-8 p.m. awards and give a short speech to The MCBA will also speak to in conjunction with the statewide the school regarding Law Day and schools in McCurtain County on effort to provide free legal advice. the 19th Amendment. Law Day and the 19th Amendment throughout the month of May. LATIMER COUNTY McCLAIN COUNTY BAR ASSOCIATION BAR ASSOCIATION McINTOSH COUNTY The Latimer County Bar On April 29, Judge Leah BAR ASSOCIATION Association will join the Pittsburg Edwards at the McClain County The McIntosh County Bar County Bar Association for a Law Courthouse is welcoming 8th grad- Association will participate in the Day dinner at Pete’s Place in Krebs ers to the courthouse for a presen- Ask A Lawyer program from 7-8 p.m. at 6 p.m. on May 7. Oklahoma tation that includes a staged theft in conjunction with the statewide Court of Criminal Appeals Vice followed by a jury trial on the theft. effort to provide free legal advice. Presiding Judge Dana Kuehn and A local attorney will put on the Oklahoma Court of Civil Appeals trial, and the students will serve as OKLAHOMA COUNTY Judge Jane Wiseman will speak on the prosecuting attorney, defense BAR ASSOCIATION the 19th Amendment. attorney and the jurors. They will The Oklahoma County Bar The county bar association will hear the witnesses, deliberate and Association planned to host a also work together to give legal then return a verdict. Law Day Luncheon on May 1 but advice as part of the statewide The McClain County Bar canceled the event due to con- Ask A Lawyer event on April 30 Association will hold a voter cerns about the coronavirus. The from 6-8 p.m. registration drive on April 30 at Ask A Lawyer program will take two locations – Happy Camper place Thursday, April 30, at the LINCOLN COUNTY Café in Purcell from 10 a.m.-3 p.m. OETA studio from 9 a.m.-9 p.m. BAR ASSOCIATION and Spencer’s Grocery Store in and county bar members will staff In celebration of Law Day, the Blanchard from 2-6 p.m. the state hotline. This community Lincoln County Bar Association service event allows attorneys to will host local 4th-grade students assist the public by giving free who will participate in a mock legal advice over the telephone or
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 29 via email. To sign up for this event, courthouse tour for middle school advice to community members on go to www.okcbar.org/events or students and an impromptu mock a walk-in basis. call Connie Resar at 405-236-8421. trial on April 29 from 9 a.m.-noon. The annual Law Day Banquet PITTSBURG COUNTY OTTAWA COUNTY will be April 30 at 6:30 p.m. at BAR ASSOCIATION BAR ASSOCIATION Meditations. The Stillwater Legal Aid The Pittsburg County Bar The Ottawa County Bar Office will be honored for its 40-year Association will work together with Association will celebrate Law anniversary. To purchase tickets, con- the Latimer County Bar Association Day by holding a mock trial for all tact Amanda Lilley at 405-624-1734. to participate in the Ask A Lawyer fourth- and fifth-grade students On May 6 from 6-8 p.m., the program from 6-8 p.m. in conjunc- in Miami at the Ottawa County PCBA will host a bowling tourna- tion with the statewide effort to Courthouse on May 4. The trial will ment at Frontier Lanes in Stillwater provide free legal advice. involve a civil suit where Mr. Wolf for association members and the Additionally, a golf tournament sues Little Piggy for damages caused court clerk’s office. Teams of five is scheduled for May 1 at the when he came down Ms. Piggy’s can register for $100. All proceeds McAlester Country Club. To partic- chimney into a pot of boiling water. from the bowling tournament will ipate or for more information, con- Additionally, award presentations go to Payne County United Way. tact Eddie Foraker at 918-423-0421. will be made to students for their Winners of the Payne County The Pittsburg and Latimer county winning art and essay entries in Law Day Art and Essay Contest will bars will host a Law Day dinner at Pete’s Place in Krebs on May 7 at 6 p.m. Oklahoma Court of Criminal Appeals Vice Presiding Judge Dana Kuehn and Oklahoma Court of Civil Appeals Judge Jane Wiseman will speak on the 19th Amendment.
POTTAWATOMIE COUNTY BAR ASSOCIATION The Pottawatomie County Bar Association will celebrate Law Day by speaking to students at Jefferson Elementary on April 30. They will also be presenting awards to students who placed in the statewide OBA Law Day Art and Writing Contest and speaking to the local Kiwanis Club about In 2019 Pottawatomie County Bar Association members added landscaping and family law and domestic violence. pots of flowers to the exterior of the F7 Work Activity Center, a nonprofit workshop Also, a beautification project is for adults with physical and mental challenges, in Shawnee. Another beautification being planned, but a location project is planned for this year. has not been selected yet. the OBA Law Day Art and Writing be honored May 7 at 1:30 p.m. along Contest and on May 20, a bar member with winners of the statewide OBA PUSHMATAHA COUNTY will speak to the Junior Wardog Police Art and Writing Contest. The Hert BAR ASSOCIATION Academy about basic legal issues. Scholarship will also be presented. On May 2, the Tri-County The county bar will also participate On May 13 at noon, the county Bar Association, comprised in the Ask A Lawyer program from bar will host the Courthouse Staff of Choctaw, McCurtain and 6-8 p.m. in conjunction with the state- Appreciation Lunch on the lawn Pushmataha counties, will host wide effort to provide free legal advice. of the Payne County Courthouse. a Law Day Banquet at the Idabel The PCBA will also host Country Club. The dinner will PAYNE COUNTY Lawyers at the Library at the begin at 6 p.m. with a social BAR ASSOCIATION Stillwater Public Library on May 15 hour. RSVP to Emily Herron The Payne County Bar Association from 9 a.m.-2 p.m. Local attorneys at 580-286-7611. will kick off Law Day with a will be available to offer free legal
30 | APRIL 2020 THE OKLAHOMA BAR JOURNAL PCBA lawyers will also visit SEQUOYAH COUNTY In conjunction with Magic local classrooms to discuss law as BAR ASSOCIATION City Books and other community a career and what the rights and The Sequoyah County Bar partners, the county bar planned responsibilities of students once Association will participate in the to host a book signing with Elaine they turn 18. Ask A Lawyer program from 6-8 p.m. Weiss, author of The Women’s The county bar will also in conjunction with the statewide Hour: The Great Fight to Win the participate in the Ask A Lawyer effort to provide free legal advice. Vote and winner of the American program from 5-7 p.m. in conjunc- Bar Association’s 2019 Silver tion with the statewide effort to TEXAS COUNTY Gavel Award. This event will be provide free legal advice. BAR ASSOCIATION rescheduled and held at the Tulsa The Texas County Bar Association Historical Society and Museum. ROGERS COUNTY will participate in the Ask A Lawyer The Law Day Luncheon, fea- BAR ASSOCIATION program from 7-8 p.m. in conjunction turing Ms. Weiss as the keynote The Rogers County Bar with the statewide effort to provide speaker, will also be rescheduled. Association will participate in free legal advice. The Liberty Bell Award, honor- the Ask A Lawyer program from ing a nonlawyer’s contribution to 6-8 p.m. in conjunction with the TULSA COUNTY the legal system, the Sandra Day statewide effort to provide free BAR ASSOCIATION O’Connor Award, honoring an legal advice. The Tulsa County Bar educator who teaches legal civics, Association will celebrate Law and the Brunton-Will Continuing SEMINOLE COUNTY Day with a variety of events Legal Education Award, honoring BAR ASSOCIATION although several have been post- a TCBA member who has dedi- As its birthplace, Law Day has poned. An art and writing contest cated years of services to educat- always been special in Seminole will be held for students in pre-K ing other attorneys, will be given County, and this year will be no through 12th grade. The deadline to deserving winners. different. To open Law Week cele- to enter is April 10. Monetary The TCBA will also participate brations, Seminole County’s young prizes will be awarded by the in a yearly Naturalization Clinic, lawyers and judges will speak to Tulsa County Bar Foundation, which has been postponed, and junior high students across the and art entries will be displayed will be held in partnership with county about the legal profession at the Law Day Luncheon. the YWCA. and the 100th anniversary of the A Law Day Book Club met 19th Amendment, which is this Jan. 15, Feb. 6 and March 12 and WAGONER COUNTY year’s theme. will meet for two additional ses- BAR ASSOCIATION The county bar will host its sions at dates to be determined. The Wagoner County Bar fifth annual essay contest open Participants will discuss six dif- Association will participate in the to all county junior high students ferent books related to this year’s Ask A Lawyer program from 7-8 p.m. and high school seniors. The asso- Law Day theme, “Your Vote, Your in conjunction with the statewide ciation will award a $1,000 college Voice, Our Democracy: The 19th effort to provide free legal advice. scholarship, the R. Victor Kenemer Amendment at 100.” Registration Memorial Scholarship, to the win- is limited to TCBA members and WASHINGTON COUNTY ning senior essay contestant and one guest per member with a limit BAR ASSOCIATION a gift certificate to the winning of 15 participants per session. The Washington County Bar junior high essay contestant. Members may register for any one Association will participate in the The association has postponed or more sessions. To register, email Ask A Lawyer program from 6-8 p.m. its annual Law Day CLE and Judge Martha Rupp Carter at mar- in conjunction with the statewide luncheon until a later date. OBA [email protected]. Sessions will effort to provide free legal advice. President Susan B. Shields will be start at 5:30 or 6 p.m. the featured speaker. On April 30 the TCBA will WASHITA COUNTY Lastly, the county bar will participate in the Ask A Lawyer BAR ASSOCIATION participate in the Ask A Lawyer program by helping staff the state- The Washita County Bar program from 7-8 p.m. in conjunc- wide hotline from 9 a.m.-9 p.m. in Association will participate in the tion with the statewide effort to conjunction with the statewide effort Ask A Lawyer program from 5-8 p.m. provide free legal advice. to provide free legal advice. Tulsa in conjunction with the statewide lawyers will gather at OETA studios. effort to provide free legal advice.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 31 Law Day 2020 Proclamation and Directive
32 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Oklahoma Supreme Court Chief Justice Noma Gurich signs the Law Day Directive. Witnessing the signing are Law Day Committee Chair Ed Wunch and OBA President Susan Shields.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 33 Law Day 2020 Make Law Day Year Round With Pro Bono Service By Katie Dilks
VERY YEAR, HUNDREDS OF OKLAHOMA LAWYERS across the state come together Eto volunteer their time for Law Day. From the Ask A Lawyer service, answering thousands of questions from Oklahomans, to the events sponsored by county bar associations, it is one of the highest profile pro bono opportunities in our state.
We are fortunate that many The Oklahoma Access to Justice that spirit of Law Day service and dedicated Oklahoma attorneys Foundation (ATJF) was created in incorporate it year-round. volunteer their time and expertise 2018 to support and advance the Many Oklahoma attorneys are regularly throughout the year. This goals of the Oklahoma Access to already deeply committed to inte- service makes an incredible dif- Justice Commission to “expand grating pro bono into their prac- ference in the lives of those people access to and enhance the quality tice, but for others it may be new. they can help. Sadly, vast numbers of justice in civil legal matters for The American Bar Association of Oklahomans still navigate our low-income Oklahoma residents.” encourages every practicing complex legal system without the A primary focus of the ATJF is attorney to regularly volunteer pro assistance of a lawyer because they to expand and support pro bono bono legal services. The ATJC is cannot afford one, and our civil opportunities across the state. committed to making sure every legal aid programs simply do not Our challenge to you this year is attorney can find a pro bono have the capacity to serve everyone. to think about how you can take opportunity that makes sense
34 | APRIL 2020 THE OKLAHOMA BAR JOURNAL for them and collaborating with the require you to leave your landlord/tenant law! Contact OBA and other partners to do so. desk? Sign up at b.link/ Beth Nellis at bethnellis@ There are many easy ways to OKanswers to answer ques- cox.net for more information. connect to pro bono opportunities, tions submitted by low- ranging from full representation income Oklahomans on the Pro bono is key to making our to discrete volunteer clinics. Here ABA-sponsored Free Legal legal system fair and accessible for are just a few, and we encour- Answers site! Answer one, everyone. It’s also an amazing way age you to get in touch with the answer 20, whatever you to give back, meet new people, ATJF at www.okaccesstojustice. have time for. Questions and learn new skills and much more. org to learn more about how to answers are both anony- Let’s all work together to increase get involved or build a pro bono mous, and there is no further access to justice and make Law program in your community. obligation once you answer. Day a year-round commitment. Oklahoma County Court Legal Aid Services of Access Clinic – If you’re in Oklahoma – LASO has Oklahoma City and have ABOUT THE AUTHOR several structured pro bono experience with guardian- Katie Dilks is executive director of opportunities and welcomes ship and probate matters, the Access to Justice Foundation attorneys to take individ- the OCCAC wants your in Tulsa. ual cases. LASO offers free help! Offering assistance in CLE for volunteers, insur- the courthouse to unrepre- ance coverage for pro bono sented litigants in guard- cases, resources online ianship and probate, this and in person and more! volunteer program has Find more details at b.link/ been providing invaluable LASOprobono. assistance for the past Oklahoma Lawyers for year. Contact the clinic at America’s Heroes Program – [email protected] The OBA created the to volunteer. Oklahoma Lawyers for Tulsa County Court America’s Heroes program Assistance Program – For to serve veterans with a Tulsa attorneys, the Tulsa wide range of legal needs, County Bar Association from individual represen- Court Assistance Program tation to wills clinics and offers pro bono support other structured events. to unrepresented litigants More info at okbarheroes.org. in the forcible entry and Oklahoma Free Legal detainer (eviction) docket. Answers – Need a pro bono Training is available if you opportunity that doesn’t do not have experience in
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 35 25th Anniversary The OBA Remembers
HE EVENTS OF APRIL 19, 1995, JULES A. the Department of Housing and Tforever changed our nation. VALDEZ Urban Development. Weaver, 45, On this, the 25th anniversary “In his was in his office when the bomb of the Alfred P. Murrah Federal younger days destroyed the building. Weaver Building bombing, the Oklahoma he had a will be missed during the fam- Bar Association remembers garden and, ily’s annual get-together, where its members who were killed. to him, every he played co-host for the “Clique Thank you to the Oklahoma City living thing Awards” along with his brother, National Memorial and Museum was special.” Greg. Weaver’s laughter, dry sense for allowing the OBA to publish of humor and role of the “straight these tributes and photos that are “He was always willing to work, man” will always be remembered part of the museum’s collection. always willing to put forth an by his family. extra effort.” That’s how a fellow SUSAN Rotarian described Jules Valdez, CLARENCE JANE 51, of Edmond. Valdez worked EUGENE FERRELL in the Indian Affairs division WILSON SR. “She loved of the Department of Housing “He was life and was and Urban Development. A 1991 known to determined Edmond City Council candidate, patiently to enjoy and he was a member of St. John explain his make it better the Baptist Catholic Church, position over for all.” the Edmond Central Rotary and over again Club, Leadership Edmond and until, invariably, the other person Cats, traveling, people and dancing – the Edmond Area Chamber of would have to concede.” four of Susan Ferrell’s loves. She Commerce. He and his wife, had three cats, put a lot of miles Virginia, had a daughter, Marisa. Clarence Eugene Wilson, who was on her feet in Europe, was always chief legal counsel for Housing and there to help a friend and loved to MICHAEL D. Urban Development, had served dance. Her mother, Sally Ferrell, W E AV ER as a councilman for the city of said, “Susan had an incredible “His family Forest Park. His sister-in-law said passion for dancing.” This included came first, he was a caring person who helped jazz, ballet, and belly dancing, before his golf everybody. Wilson, 53, was the first which Susan called “Cultural game, before his African American to earn a bach- Heritage Eastern Dancing.” She favorite football elor’s degree in pharmacy from delighted in being a member of the team.” the University of Oklahoma before Jewels of the Nile dancing troupe. studying law at OU. Wilson had a Ferrell, 37, was an attorney for U.S. son, Clarence Wilson Jr. Wilson was Michael Don Weaver met his wife, Housing and Urban Development. born on Aug. 8, 1945, in Lawton, OK. Donna, while both were attend- He was the fourth of five children ing the University of Oklahoma. born to James and Estella Wilson. He proceeded to add the fun Both parents and one son, Mark, to her life for the next 21 years. preceded him in death. For the last five years he had served as general counsel for
36 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Legislative News OBA’s Day at the Capitol Continues to Provide Helpful Information By Miles Pringle
PRING IS HERE, the 2020 information relating to the to have to make some hard SLegislative Session is well program. Supporters say that funding decisions. underway and that means the the bill increases transparency. Dealing with budget deficits OBA held its annual Day at the While legislators are hard at has been the norm of late, with Capitol. We were very lucky to work on many issues, the budget 2019 being the welcomed excep- have great speakers give their looms large (if not the largest). tion. You may recall that in 2017, impressions on the session. Prior to the session, revenue pro- the Legislature required two Thank you so much to Attorney jections were flat; however, those special sessions in addition to its General Mike Hunter, Judge projections were reduced, even regular session to work through Thad Balkman, Judge Richard prior to the coronavirus outbreak the budget issues it faced – including Ogden, Administrative Director or the volatility in the oil market. a veto by Gov. Fallin. There has of the Courts Jari Askins, eCapitol As a result, legislators are going been no suggestion that a special News Director Shawn Ashley and session will be required at this Former Representative Randy time, but Gov. Stitt’s plan to grow Grau for participating in the event. Oklahoma’s Rainy Day fund may At the Capitol, bills continuing be difficult to achieve this year. through the legislative process Another remaining big-ticket should have made it through their item is health care. Specifically, house of origin and must make it what options will Oklahomans through the opposite chamber by have regrading Medicaid expan- April 23. The first bill signed into sion. Additionally, criminal justice law by the governor this year was reform and education are at the HB 1230 on Feb. 19, 2020, which top of people’s priorities. addresses the Lindsey Nicole If you are interested in getting Henry Scholarships for Students more involved with the Legislative with Disabilities Program. Monitoring Committee, I encourage Codified at 70 O.S. §13-101.2, the you to join the committee! Our next scholarship awards Oklahoma event will be the Legislative Debrief public school students with in August when we will learn about a disability funds to attend a many of the bills that pass. private school offering an indi- vidualized education program in accordance with the Individuals Mr. Pringle is general counsel for OBA President Susan Shields and with Disabilities Education Act. Legislative Monitoring Committee The Bankers Bank and serves HB 1230 requires the Department member Shanda McKenney at the as the Legislative Monitoring of Education to publish certain Day at the Capitol event. Committee chairperson.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 37 Bar News Bar Members Celebrate Membership Anniversaries
HE OKLAHOMA BAR In 1950, we were first introduced LINCOLN COUNTY TAssociation congratulates these to Snoopy, Charlie Brown Joseph A. Young Jr., Chandler members who reach significant and the entire Peanuts gang, milestone anniversaries in 2020. Disney released Cinderella, McCLAIN COUNTY charge cards were used for Andrew J. Moore Jr., Goldsby the first time, James Dean Gary L. Shores, Newcastle made his first television appearance and a first-class MURRAY COUNTY postage stamp would set you Earl Michael Harding, Davis back $0.03. OKLAHOMA COUNTY William R. Davis, Oklahoma City E. W. Keller, Oklahoma City Truman Moss, Oklahoma City
MARSHALL COUNTY POTTAWATOMIE COUNTY Floyd Miller Jr., Madill Gerald G. Knight, McLoud
MUSKOGEE COUNTY ROGERS COUNTY Kenneth L. Meyer Jr., Muskogee T. Gavin King, Claremore
OKLAHOMA COUNTY CADDO COUNTY TULSA COUNTY George Camp, Oklahoma City John Paul Buzbee, Anadarko Sevier M. Fallis Jr., Tulsa Gene C. Howard, Edmond Orlin Woodie Hopper, Tulsa CARTER COUNTY Joseph Robert McGraw Jr., Tulsa PAYNE COUNTY William Carlyle Chapman, Ardmore Gail R. Runnels, Tulsa Donald L. Worthington, Stillwater F. Lovell McMillin, Ardmore Robert P. Santee, Tulsa Edward Wagner, Tulsa TULSA COUNTY CLEVELAND COUNTY Dale J. Briggs, Tulsa Edward R. Adwon, Norman WOODS COUNTY John Markham Freese, Tulsa James K. Dewbre, Oklahoma City Ray Dean Linder, Alva James C. King, Broken Arrow Velmer J. Dimery, Norman Otis Leo Osborn, Tulsa Fred Allen Gipson, Norman OUT OF STATE Sam J. Richards, Tulsa Robert E. L. Richardson, Norman Paul H. Durham, Bluffton, SC Irby Roy Taylor, Norman Gary Michael Jay, Arden, NC Preston Albert Trimble, Norman G. A. Mandeville, Whitney, TX Don Allen Smith, Fort Smith, AR GARFIELD COUNTY Raymond Dean North, Enid
38 | APRIL 2020 THE OKLAHOMA BAR JOURNAL While dancing away to the COMANCHE COUNTY David T. Cook, Oklahoma City sound of “The Twist” by Roy D. Moore, Lawton Gordon W. Edwards Jr., Chubby Checker, 1960 was Oklahoma City a revolutionary year with CREEK COUNTY A. T. Elder Jr., Edmond the publication of To Kill A Joe Sam Vassar, Bristow Michael Raye Ford, Oklahoma City Mockingbird by Harper Lee, Nathaniel Jay Gigger, Oklahoma City the FDA approving the birth CUSTER COUNTY Eric Jonathon Groves, control pill and Wilma Rudolph Newell E. Wright Jr., Clinton Oklahoma City becoming the first American Bruce William Hammett, Edmond woman to win three gold ELLIS COUNTY Pamela Jo Hardwick, Oklahoma City medals in an Olympic event. Joe Lee Jackson, Arnett James Morrison Hays III, Oklahoma City GARFIELD COUNTY Lawrence Kent Hellman, Lyle Lee Ingraham, Enid Oklahoma City Martha Elaine Hirst, Oklahoma City GRADY COUNTY Tom L. King, Oklahoma City Richard L. Allen, Chickasha John T. Lawson, Edmond Robert Dudley Looney Jr., KAY COUNTY Oklahoma City Andrew J. Reinert, Blackwell William D. Maguire, Edmond Kenneth George Mayfield, KIOWA COUNTY Oklahoma City BECKHAM COUNTY William Ernest Gentry, Hobart Bobbie Ann Ingram Moore, James A. Brown, Elk City Oklahoma City LOGAN COUNTY William W. Murphy, Oklahoma City CANADIAN COUNTY Jeffrey L. Hirzel, Guthrie Robert Clark Musser, Oklahoma City Rubin B. Millerborg Jr., Piedmont Alan Albert Pason, Oklahoma City McINTOSH COUNTY William Whitney Porch, CARTER COUNTY L. Lee Allen, Checotah Oklahoma City Thomas Robert Carlock, Ardmore Dennis Conway Roberts, Samuel James Veazey, Ardmore MUSKOGEE COUNTY Oklahoma City Ronald E. Worthen, Ardmore Lyle Burris, Muskogee Toulman Van Roberts, Edmond Robt. Lawrence Locke Jr., Muskogee Harry Harbour Selph II, CLEVELAND COUNTY John P. Morgan, Webbers Falls Oklahoma City Stephen William Bonner, Norman Joseph G. Shannonhouse IV, Robert Allen Flagler, Norman OKLAHOMA COUNTY Oklahoma City Dwight N. Johnson, Norman Gary C. Bachman, Oklahoma City Irwin Harry Steinhorn, Robert Lynn McDonald, Norman John Michael Baum, Oklahoma City Oklahoma City R. Brown Wallace, Norman Russell D. Bennett, Oklahoma City Henry H. Trattner, Oklahoma City Charles Alan Codding, Edmond Earle Duane Wagner, Oklahoma City
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 39 David Downing Wilson, TULSA COUNTY James Howard Frampton, Oklahoma City Allen E. Barrow Jr., Tulsa San Antonio Harry Arthur Woods Jr., James Edward Cinocca, Tulsa Wayne Bernard Fudge, Oklahoma City James S. Colgan, Bixby Burkburnett, TX Lon Foster III, Tulsa Toby Joe Globe, St. Louis OSAGE COUNTY Tom R. Gann, Tulsa Theodore Haynes, Orlando, FL Jack Yelton Goree, Prue Douglas L. Goss, Tulsa Dennis Landon Hays, Frisco, TX Paul E. Kallenberger, Skiatook Fred E. Hook, Tulsa Donald Lee Henderson, John S. Keil, Tulsa Flower Mound, TX PAWNEE COUNTY Lance Lamar Larey, Tulsa Thomas Hoffman, New York Jerry Lee Pickerill, Cleveland Lynnwood R. Moore Jr., Tulsa Gary L. Hopkins, Rockwall, TX Arthur George Price, Tulsa Frank Arthur Jarmuth, Rockville, MD PAYNE COUNTY Ted M. Riseling, Tulsa William Henry Karr, Silverado, CA Robert Bruce Bird, Stillwater Loyal J. Roach III, Tulsa Sanford A. Kutner, Luling, LA John Russell Couch Jr., Stillwater William Joseph Sears, Sand Springs Walter Barnes Loeffler Jr., Vaden Burns Hargis, Stillwater J. Charles Shelton, Tulsa The Woodlands, TX Jerry Earl Truster, Tulsa Thomas McCoy, Sparks, NV PONTOTOC COUNTY Clifton Dale Warner, Tulsa James P. Mulkeen, Studio City, CA Charles Dale Mayhue, Ada Robert S. Wheeler, Tulsa John Earl Robertson, Kerrville, TX James R. Scrivner, Ada Bradford J. Williams Jr., Tulsa Peter K. Scott, Sunset Beach, NC Stanley A. Smith, Henderson, NV ROGERS COUNTY WOODS COUNTY Charles Logan Spann, Athens, TX Tom H. Bruner, Claremore Larry L. Bays, Alva Loren B. Weidner, Roseburg, OR F. Mack Greever, Claremore John C. M. Wilkinson, WOODWARD COUNTY Marina Del Rey, CA STEPHENS COUNTY Ray Don Jackson, Woodward Ronald Edward Corley, Duncan Nancy Murray Martin, Comanche OUT OF STATE In 1970, Tootsie Roll released Richard A. Black, Montrose, CO their iconic “How Many Licks” TILLMAN COUNTY Kenneth Lawrence Davidson, commercial, Casey Kasem’s Clyde H. Amyx II, Frederick Bonita Springs, FL American Top 40 debuted on Daniel Vincent Flatten, Houston radios, the Boeing 747 made its Nancy K. Foster, Melbourne, FL first commercial passenger flight and a gallon of gas cost 36 cents.
40 | APRIL 2020 THE OKLAHOMA BAR JOURNAL
OBF-OBA Project Another Successful Season for the Oklahoma High School Mock Trial Program By Andrea Medley
Owasso High School was guaranteed to be the winner with two teams from the same school competing in the finals for the third straight year. Teams Rutherford and RDEX pose for a photo with their coaches.
42 | APRIL 2020 THE OKLAHOMA BAR JOURNAL HE 40TH YEAR OF THE an esteemed panel of judges in As the state champions, Team THigh School Mock Trial the Bell Courtroom at OU College Rutherford was to represent Program is in the books. Once of Law. The panel was Presiding Oklahoma at the National Mock again, high school students tackled Judge David Lewis, Judge Shon Trial Competition in Evansville, relevant topics in the case mate- Irwin, Judge Patrick Wyrick, Judge Indiana, in May. Sadly, the cham- rials. After receiving the case in Charles Goodwin and Retired pionship was cancelled as a result late October, the teams absorbed Judge Glenn Adams. of the COVID-19 pandemic. the case materials that included For the third year in a row, the witness statements, exhibits, jury final two teams came from Owasso COMPETITION HIGHLIGHTS instructions and applicable case High School – Team Rutherford The Mock Trial Program con- law to prepare and argue both and Team RDEX. Team Rutherford tinues to grow as more schools sides of the case in competition is coached by teacher Dustin from across the state participate. at courthouses across the state. Devore and attorney coach Deirdre This year’s competition featured The case this year was a criminal Dexter. Team members are Emily 40 teams from 22 different schools. prosecution of 18-year-old Kristen Carr, Preston Dunbar, Maggie The teams who participated in the Taylor following a one-vehicle Hazelrigg, Sam Lee, Ronan Locker, semifinal round and their final accident and subsequent delivery Morgan Meyer, Kennedy Patterson, rankings were: and death of her baby. The state Logan Schofield and Kathryn charged Ms. Taylor with negligent Turner. Team RDEX is coached 3rd Place - McAlester High homicide, alleging Ms. Taylor was by teacher Dustin Devore and School Team Black intoxicated and caused the accident attorney coach Nicole Longwell. 4th Place - Clinton High School which caused the premature birth Team members are Jesse Anderson, Team Gold and death of her child. The defense Aubrey Broughton, Melody Carney, 5th Place - Broken Arrow High argued the accident was caused by Kelli Casteel, Hannah Robbins, School Black a defect in Ms. Taylor’s vehicle and Eden Rodriguez, Ryan Rodriguez, 6th Place - Ada High School Varsity the death of her child was caused Lauren Siegfried, Helena Walker 7th Place - McAlester High by a previously unknown genetic and Cole Wyrick. School Team Gold condition. The case involved fact The final round was a testament 8th Place - Stillwater High witnesses, medical experts and an to the level of competition and School Advanced (Killer Bees) accident reconstructionist. talent the mock trial program has become accustomed to seeing from For the first time, McAlester FINAL ROUND AND Oklahoma high school students. In High School had two teams in the STATE CHAMPIONS the end, Owasso High School Team top eight which is an accomplish- On March 3, the top two teams Rutherford prevailed and are the ment and speaks to the strength competed in the final round of the Oklahoma High School Mock Trial of their mock trial program. year, presenting the case before champions for 2020.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 43 Another first for this year, both Clinton High School and the to provide a platform for talented Clinton High School and the Custer County Bar Association artists from the competing schools Custer County Bar Association for their dedication and support to display their talents. The graciously hosted the mock trial of the program. Courtroom Artist Competition is workshop. The workshop takes done during the second round of place before the case is released COURTROOM ARTIST competition and must be started each year and provides schools COMPETITION and completed during the round. the opportunity to improve their The Mock Trial Courtroom Students participating were skills in different aspects of the Artist Competition continues to required to independently com- competition. The High School grow in its second year. The com- plete their submissions, depicting Mock Trial Committee thanks mittee started this competition actual courtroom scenes observed by the artist during the trial. The winner of the competition this year was Niko Lam from Clinton High School.
BENEFITS OF MOCK TRIAL I am not sure there is a way to measure the benefits and influ- ence of the High School Mock Trial Program. The 40 years of Oklahoma mock trial has created a community of mock trial veter- ans, some pursuing careers in law and many others impacting our state in different arenas. I talk to many people who tell fond stories of their years in mock trial and the influence it had on them person- ally and in their careers. For most, it brought a love of the law, but for all it brought a love of mock trial. Two of the judges scoring at the final round this year were former mock trial competitors – Judge Patrick Wyrick and Judge Charles Goodwin. In attendance at finals this year was Judge Goodwin’s mother, Nancy Goodwin, who is credited with starting the mock trial program at Clinton High School. Mrs. Goodwin remains an advocate for mock trial stat- ing, “It is the best program in high school.” Many share these same sentiments and show their appreciation in giving back to the program in one way or another. The skills learned through mock trial equip students whether they pursue careers in the law or some other field. Skills including Finals judges were (from left, front row) Retired Judge Glenn Adams, Judge David Lewis, public speaking, analytical think- Judge Charles Goodwin and (back row) Judge Shon Erwin and Judge Patrick Wyrick. ing and teamwork are some of
44 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Clinton High School student Niko Lam Mock Trial Committee members staffing the final round were, from left, Orion Strand, won the Best Courtroom Artist Award Todd Murray, Andrea Medley, Coordinator Judy Spencer and Nathan Richter. for his drawing. the things learned through this state who open their doors heart and soul of Oklahoma mock program. The reward of seeing a to students to provide a real trial, who works tirelessly to student gain confidence and skills courtroom environment for promote mock trial and encour- as the season progresses rejuve- competition; and age every person involved in this nates and fuels participation in Attorney coaches and program. If you are interested this program year after year. teachers who donate count- in being a part of the committee, less hours to coach their volunteering for next year or have PROGRAM PARTNERS teams for competition. a story to share about mock trial, The High School Mock Trial email [email protected]. Program’s success is a joint effort I want to personally thank from several key partners, each the members of the Mock Trial playing a role in the success of Committee for their work in ABOUT THE AUTHOR the program: preparation of the case materials Andrea Medley practices in Tulsa and oversight of the competi- and serves as the chairperson of The Oklahoma Bar tion. Committee members are the Oklahoma High School Mock Foundation who gener- Immediate Past Chair Kevin Trial Committee. ously funds the mock trial Cunningham, Shea Bracken, program; Jennifer Bruner, Andrew Casey, Judges and lawyers from Christine Cave, Dan Couch, across the state who gener- Brittany Hayes, Dillon Langley, ously give their time to pre- Todd Murray, Michael Nesser, side over and score rounds Nathan Richter, Orion Strand, of competition; Austin Vance and Weston Watts. Courthouses and court- A special thanks to our State house personnel across the Coordinator Judy Spencer, the
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 45 ATTORNEY COACHES PRESIDING AND Eric Grantham Amy Polumbo Luke Adams SCORING PANELIST Judge Sarah Hall Dan Pond Ranada Adams VOLUNTEERS David Hammer* Sonja Porter* Shar Agosta Ken Adams Heather Hammond Molly Priest John Andrew Retired Judge Glenn Adams John Tyler Hammons Thomas E. Prince Clifton Baker Lynn Anderson** James Hankins Scott Proctor Retired Judge James Bland Paul Austin Judge Howard Haralson* Dale Rex Eric Cavett Shannon Bickham R. Stephen Haynes Justin Rinck* Judge Daman Cantrell Judge Jerry Bass Deborah Hackler Thomas Roberston** Angie Dean Lew Berkowitz* Judge Tim Henderson Erik Roscom Deirdre Dexter Howard Berkson ***** Shane Henry Timila Rother Preston Draper Larry Biddulph Judge Paul Hesse* Jacob Rowe Jeffrey Fischer Kelly Bishop* Kurt Hoffman*** Mark Schwebke********* Eddie Foraker Eli Bland Mitch Holliman Gessica Sewell Eric Granthem Cody Bowlin Peyton Howell* Micah Sexton Cliff Heckert James Branum Tara Inhofe** Jim Shaw Brian Henderson Jennifer Bridgforth Robert Jaques**** Thomas Showman Mike Horn Rodney Brook Jo Lynn Jeter Angela Smith Judge Douglas Kirkley Elizabeth Brown Chad Kelliher Nicole Snapp-Holloway Steve Kunzweiler Pam Brown Rick Knighton Jeanne Snider Jennifer Lawmaster Stalls Jennifer Bruner Maggie Lanier Beth Stanley Nicole Longwell Travis Cagle Kent Larson* Lucas Stephens Tim Maxcey Joseph Casey* Anne Lawrence** Austin Stephenson Joy Maxwell Dietmar Caudle Lacie Lawson Chuck Sullivan* Brian McLaughlin Shanika Chapman Molly Lawyer*** Ryan Sullivan Judge Tim Mills Lindsey Christopher Kevin Lewis Thomas Swafford Anthony Moore Jason Christopher ** Amanda Lilley Paiten Taylor-Qualls* Lori Rogers Sonya Chronister Lauren Lindsey Scott K. Thomas Leah Roper Aaron Compton Renee D. Little Harold Thompson Desmond Sides Eric Cook Kristy Loyall Carolyn Thompson**** Connie Smothermon John Cramer Janice Loyd Joe Trail Richard Smothermon Dan Crawford******* Mathew Lyons Roy Tucker Charles Sullivan Retired Judge Edward Carin Marcussen Meredith Turpin Laura Thomas Cunningham**** Kevyn Mattax* Jonathan Udoka Ken Underwood Kevin Cunningham Jacqueline McCormick Eddie Valdez Judge Jill Weedon Seth Day Law McMeans Allison VanBrunt Michael Denton** Jan Meadows Georgenia Van Tuyl** TRIAL SITE Chance Denton Mike Miller Laina Vaughn* COORDINATORS Kara Didier Mark Miller* Judge Jeff Virgin Valerie Blackstock Judge Donna Dirickson Garrad Mitchell Austin C. Walters Deresa Clark Allyson Dow David Mosburg Bev Watts Kevin Cunningham Stephanie Duran Justin Mosteller* Shannon Weaver Brittany Hayes Blake Dutcher Beth Muckala Lucas West Rebecca Hunter Josh Edwards* Mike Mullins* Sara Wiegerig Patrick Layden Judge Shon Erwin*** Austin Murrey Jimmy Williams April McClure Jeff Fischer* Drew Nichols Cory T. Williams Andrea Medley Grant Fitz* Keri Norris Greg Wilson Anne Mize Craig Fitzgerald* Brandi Nowakowski Deanne Wilson Todd Murray Gus Farrar Elizabeth Odell* Clay Zelbst Michael Nesser Roger Foster Ashley Ogle* Susie Summers Michelle Freeman Chanteau Orr *Denotes additional Leah Terrill-Nessmith Jodie Gage Jenna Owens times volunteered Carol Thompson Debra Gee* Amy Page*** Renée Troxel Charles Geister Kim Payne Kathryn Walker Robert Gifford Kathleen Pence** Weston Watts Julie Gragg-Landes* Lance Phillips
46 | APRIL 2020 THE OKLAHOMA BAR JOURNAL
Indian Law Caution – Slow Progress Ahead Accessing and Researching Tribal Court Opinions By Darla W. Jackson
N 1997, U.S. SUPREME COURT judges and practitioners so that Another advantage of transpar- IJustice Sandra Day O’Connor they may refine and build on ency and publicly available tribal noted, “Today, in the United this foundational body of law. court orders and opinions is the States, we have three types of sov- Without such availability, the increased likelihood of state courts ereign entities, the Federal govern- orderly development of tribal granting full faith and credit or ment, the States, and the Indian court jurisprudence will be comity for tribal court opinions. tribes. Each of the three sovereigns slowed and compromised.4 The level of respect and deference has its own judicial system, and shown to tribal courts as com- each plays an important role in the In addition to contributing to petent judicial forums improves administration of justice in this the development of tribal court with understanding of tribal court country.”1 Despite its importance, jurisprudence, Pommersheim notes reasoning and analysis, which much tribal law, particularly tribal that tribal law transparency has is made possible with increased court opinions, can be very diffi- other advantages. For instance, transparency and availability. One cult to locate or access.2 public availability of tribal law is a commentator has noted, “If tribal condition for enhanced tribal court court opinions were more widely TRANSPARENCY jurisdiction available under the available, the work of tribal judges While during the period from Tribal Law and Order Act (TLOA) would become visible to the legal 2004-2014, some tribal law resources and the Violence Against Women as well as the general public. This became more accessible in “elec- Reauthorization Act.5 While some education [would] in turn benefit tronic form,”3 it seems that recent might argue that the provisions the tribal courts and help to coun- progress has been slow. This is requiring tribes prior to charging a teract and dispel …” unsupported true despite sustained advocacy defendant “make publicly available claims concerning bias which are for increased transparency of the criminal laws (including reg- often leveled against tribal courts.8 tribal court proceedings. Frank ulations and interpretative docu- While tribal court bias regard- Pommersheim, a noted professor ments), rules of evidence, and rules ing tort and prize claims have not of Indian law, experienced tribal of criminal procedure (including been the focus of the current gam- appellate court judge and author of rules governing the recusal of ing compact controversy, in 2010, Tribal Justice: Twenty-Five Years as a judges in appropriate circum- issues regarding the competency Tribal Appellate Justice, notes the need stances) of the tribal government”6 of state courts to hear such claims for transparency to support the does not necessitate making tribal in accordance with the provisions development of tribal jurisprudence. court opinions publicly available, of the compact was a “source of guidance to tribes indicates that friction” with tribal communities, … there must be continuous availability of tribal court opinions which believed the claims should growth in the reporting of is anticipated. “Tribes will … want be determined by tribal courts.9 tribal court opinions and devel- to ensure that all its laws, rules, Almost certainly one of the factors oping reliable research tools regulations, and court opinions causing a preference for state to find them. As tribal juris- that relate to criminal justice and courts was a lack of knowledge prudence grows and evolves, criminal procedure are publicly about tribal courts and judges.10 it must be readily available to available…” 7
48 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Further, when “… tribal law is not known, state and federal courts have no choice but to disregard it, along with the tribal norms and values that it represents.”11 While since 1992, Oklahoma has had legislation that uses the phrase “full faith and credit” to describe the treatment of tribal court orders,12 at least one author has commented that by “granting the Supreme Court of the State of Oklahoma the power to extend full faith and credit as they see fit, the Oklahoma statute is more in line with judicial comity than it is full faith and credit.”13 Further, irrespective of the benefits of recognition of tribal court judgments, there are rea- sons that tribes might not want to register or grant reciprocal rec- ognition of Oklahoma state court judgments as required by Rule 30 for district courts of Oklahoma.14 One reason might be the desire to avoid being “obligated to enforce state court judgments … the encumbrance of enforcing state court judgments on tribal members could burden the tribal courts of some of the smaller Indian Nations. The expense, time, and manpower that it might take to haul a tribal member into Tribal Court to make them com- ply could be too expensive and time consuming …”15
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 49 RESISTANCE TO economic development would buildings, tribal agencies or tribal PUBLICATION AND assist in addressing financial libraries. Other tribes provide print DISTRIBUTION OF TRIBAL concerns affecting publication copies to requesting. If finances do COURT OPINIONS and distribution of tribal court not permit a tribe to provide copies Despite the potential advan- opinions. Such involvement would without cost, tribes may charge a tages associated with the publicly likely be encouraged by the public reasonable but not a “disproportion- availability of tribal trial and availability of tribal law, includ- ately large fee” for the copies.20 appellate court decisions and ing tribal court opinions, which Tribes may publish opinions in records, tribes may be resistant to would provide more certainty print reporters, legal databases or taking action to distribute tribal regarding the risks assumed on the Internet. Many tribes use court orders and opinions. This by the enterprises. the Internet to make their criminal resistance may have a variety laws, rules of evidence and rules of reasons. Pommersheim16 and METHODS OF PUBLICATION, of criminal procedure publicly others17 have noted historical tribal PUBLICLY AVAILABLE available.21 Tribes may also use fear or distrust resulting from past AND FINDABLE web-based systems to make tribal policies that tried to terminate Understanding the advantages court opinions and dockets avail- tribal court functions or tribal as well as the causes of tribal hes- able. In Oklahoma, some tribes22 sovereignty all together. itancy or lack of action to publish make dockets available through the Lack of staffing and/or funding tribal court opinions is important On Demand Court Records System are also often cited as reasons for to advocating for increased access. (ODCR). However, access to images the failure to make tribal court Equally valuable is an understand- of the pleadings, orders and other opinions available. The Tribal Law ing of methods of publication and documents in a case are not freely and Policy Institute notes that the current sources of access to tribal accessible through ODCR. Rather, “federal and state governments rely court opinions. Two methods images are only available to limited on taxes to raise the necessary rev- tribes use to publish and distrib- subscribers, including attorneys enue. As a result of federal Indian ute their laws and tribal court licensed in Oklahoma. policy, many tribes lack the neces- opinions are self-publishing or While publishing law to a sary tax base and taxation author- contributing content for publica- freely available website may make ity to do the same. The result is that tion by another organization.19 content more accessible, it does not the majority of tribal governments As acknowledged in Tribal always make it more “findable.”23 [including tribal courts] are depen- Law and Policy Institute’s Guide Researchers may not realize they dent on economic development for Drafting or Revising Tribal Laws need to go the tribe’s website to and on federal funding to finance to Implement the Tribal Law and locate tribal court opinions. If the their criminal justice system.” The Order Act Enhanced Sentencing and opinions are simply PDF files that revenues from such sources may the Violence Against Women Act are not indexed or collectively not always be consistent.18 Reauthorization of 2013, some tribes searchable, few members of the It should be recognized, how- have made laws “publicly available” public or busy attorneys will take ever, that the involvement of by placing print copies in publicly the time to browse through the non-native enterprises in tribal accessible places, such as tribal increasing number of opinions
Despite the potential advantages associated with the publicly availability of tribal trial and appellate court decisions and records, tribes may be resistant to taking action to distribute tribal court orders and opinions.
50 | APRIL 2020 THE OKLAHOMA BAR JOURNAL available. Further, publication on especially, customary law plays West’s American Tribal Law Reporter the internet still involves some an important role in linking Tribal court cases for more than expense. Although there are no justice with community values. 20 select tribes and inter-tribal printing costs, tribes need to com- When it is not written, cus- courts. However, only two of the mit the time of technically trained tomary law can be extremely 20 tribal courts included in this staff to organizing and posting difficult to discover and apply reporter, the Cherokee Nation of content in a manner that is consis- both within and outside the Oklahoma and the Sac & Fox Nation, tent with privacy and data secu- tribe. Tribal law that is available are located within Oklahoma. rity concerns. As previously noted, is scattered across numerous smaller tribes may not have staff websites, databases, and print Oklahoma Tribal Court Reports or financial resources available. publications.25 Compiled by Dennis Arrow Another way tribes can make and the Native American Legal tribal opinions more available is Fastcase, the legal research Resource Center, Oklahoma Tribal by contributing it to an outside tool provided to OBA members Court Reports contains opinions organization for inclusion in a without cost, does not currently issued by one of the CFR or tribal tribal opinion collection. This provide access to tribal court courts in Oklahoma, including method saves the cost of printing opinions. However, Fastcase is the tribal courts, Courts of Indian and distribution and of maintain- currently engaged in an initiative Appeals and Courts of Indian ing content on a website. When to add tribal court opinions to it Offenses. Available in print and a tribe makes its law available as system. In 2016, Ed Walters vis- via Westlaw Edge, the OTCR was part of a larger collection, research- ited with select tribal court clerks first published in 1994, coverage ers can search the law of multiple at the OBA Solo & Small Firm begins with select cases from 1979. tribes in one system.24 Conference to gain their input Publication ended in 2015. regarding such an initiative, and CONCLUSION Fastcase continues to work to Casemaker The status and availability of overcome challenges to systematic Casemaker’s library of tribal tribal law, including tribal court collection of tribal court opinions. court decisions includes decisions opinions, has been characterized Some of the sources collecting from more than 50 Native American as follows: tribal court opinions are outlined tribal justice systems. A list of the in the OU College of Law’s Native tribal courts is available at public. … tribal law can be very diffi- American Law Research Guide26 casemakerlegal.net/libraries/tribal- cult if not impossible to locate. and discussed in Oklahoma Legal courts. A subscription is required Although most federally rec- Research.27 Existing web-based to sign-in and access the database. ognized tribes do have written collections outlined in research A majority of the cases included constitutions, codes, and judicial guides include: are historical in nature rather than opinions, many have not made recently issued opinions. their law available to the public. Lexis Advance Practice Centers/ Some would like to make their Native American VersusLaw laws available but lack the funds The tribal courts section of the Opinions from over 20 tribal to do so. Other tribes have Native American Practice Center courts in 11 states; however, affirmatively decided to keep offers access to more than 2,000 Oklahoma is not one of the 11 their laws private for various select tribal court decisions from states. VersusLaw developed the reasons including a desire for over 30 tribes. A majority of the Tribal Court Database in cooper- privacy, concern that making decisions are reported from a ation with the National American law available will subject the small number of tribes such as Indian Court Judges Association. tribe to criticism, worry about the Oneida, Navajo, Mashatucket Versuslaw provides free registration compromising the sacred nature Pequot and Fort Peck, which available for law students, faculty of tribal law and culture, and are located in states other than and library staff members asso- internal tribal politics. Oklahoma. ciated with any American J.D. degree law school. VersusLaw also … many tribes have incorpo- provides a free trial for attorneys. rated tradition and custom into their laws and decision making. For tribal courts
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 51 ABOUT THE AUTHOR the Tribal Law and Order Act (TLOA) Enhanced Fund, Tribal Law Research at the National Indian Sentencing and the Violence Against Women Act Law Library Remarks as part of Researching Darla W. Jackson is a research Reauthorization of 2013 (VAWA 2013) Special Federal Indian Law and Tribal Law, American librarian at the OU College of Law. Domestic Violence Criminal Jurisdiction 45 Bar Association Section of Environment, Energy (February 2015) [emphasis added], www.tribal- and Resources, Civil Rights and Social Justice She previously served as a practice institute.org/download/TLOA-VAWA-Guide.pdf. Section and ABACLE 26 (Aug. 14, 2019)(on file management advisor for the OBA 8. Nell Jessup Newton, “Tribal Court Praxis: with author); Schucha, supra note 2, at 201-202. One Year in the Life of Twenty Indian Tribal 18. Tribal Law and Policy Institute, Guide for and as a judge advocate in the Courts,” 22 Am. Indian L. Rev. 285, 290 (1997). Drafting or Revising Tribal Laws to Implement U.S. Air Force. She is an Indian 9. D. Michael McBride III, “Indian Gaming the Tribal Law and Order Act Enhanced Compacts in Oklahoma: Respecting Tribal Sentencing and the Violence Against Women Act Law Section member and serves Jurisdiction and Enforcing Understanding - A Reauthorization of 2013, supra note 7, at 11. as chair of the Native Peoples Continuing Role for Class II Gaming,” Indian 19. Schucha, supra note 2, at 202. Gaming 14, 16 (May 2010), www.indiangaming. 20. Tribal Law and Policy Institute, Guide for Law Caucus of the American com/istore/May10_McBride.pdf. Drafting or Revising Tribal Laws to Implement Association of Law Librarians. She 10. Sharp v. Murphy, No. 17-1107, May 21, 2018, the Tribal Law and Order Act Enhanced 138 S.Ct. 2026, 2018 WL 747674, supp’l briefing Sentencing and the Violence Against Women Act anticipates completion of an LL.M. ordered, 139 S.Ct. 626, 2018 WL 6331077 (Dec. Reauthorization of 2013, supra note 7, at 45-46. in Indigenous Peoples Law in 2020. 4, 2018) and McGirt v. Oklahoma, No. 18-9526, 21. Id. Dec. 13, 2019, 2019 WL 6797731, both could also 22. Cheyenne & Arapaho Tribal Court, trace their origins to disputes about the bias and Choctaw Nation Tribal Court - Talihina, Sac & Fox ENDNOTES competency of tribal governments and tribal courts. Nation Tribal Court & Wyandotte Nation Tribal 1. David Selden, “Researching American 11. Schucha, supra note 2. Court provide docket information via the On Indian Tribal Law,” The Colorado Lawyer, (February 12. Okla. Stat. tit. 12, §728 (1992). Demand Court Records System at www1.odcr. 2014), at 51, heinonline.org/HOL/P?h=hein. 13. Robert Wild, “The Last Judicial Frontier: com, but these tribal courts do not provide free barjournals/cololaw0043&i=185, citing Sandra Day The Fight for Recognition and Legitimacy of Tribal access to the pleadings or documents entered O’Connor, “Lessons from the Third Sovereign: Courts,” 103 Minn. L. Rev. 1603, 1629 (2019). as case entries on the docket. However, some Indian Tribal Courts,” 33 Tulsa L. J. 1, 1 (1997). 14. Rule 30 - Standard for Recognition images are available for a subscription fee. 2. Bonnie Schucha, “’Whatever Tribal of Judicial Proceedings in Tribal Faith and 23. Schucha, supra note 2, at 204. Precedent There May Be:’” The (Un)availability of Credit, www.oscn.net/applications/ oscn/ 24. Id. Tribal Law,” 106 Law Library Journal 199 (2014). DeliverDocument.asp?CiteID=93646. 25. Bonnie Schucha, “Engaging the Third 3. Selden, supra note 1. 15. Shelly Grunsted, “Full Faith and Credit: Sovereign: The Nature, Reach and Sources of 4. Frank Pommersheim, Tribal Justice, Are Oklahoma Tribal Courts Finally Getting the Tribal Law,” 88 Wisc. Lawyer 47, 49 (May 2015), Twenty-Five Years as a Tribal Appellate Justice Respect They Deserve?” 36 Tulsa L.J. 381, 395 repository.law.wisc.edu/s/uwlaw/media/22793. 253 (2016). (2000), digitalcommons.law.utulsa.edu/cgi/ 26. OU College of Law, “Tribal Law,” Native 5. Id. at 252. viewcontent.cgi?article=2316&context=tlr. American Law Research Guide, guides.ou.edu/c. 6. 25 U.S.C. §1302 (2018). 16. Pommersheim, supra note 4, at 252. php?g=113878&p=739846 (last updated Sept. 20, 2019). 7. Tribal Law and Policy Institute, Guide for 17. Anne Lucke, library director, National 27. Darla W. Jackson, “Researching Tribal Drafting or Revising Tribal Laws to Implement Indian Law Library, Native American Rights Law,” Oklahoma Legal Research (2013).
52 | APRIL 2020 THE OKLAHOMA BAR JOURNAL
Civil Litigation Seeking Default Judgment: After Schweigert By Kraettli Q. Epperson
HE GENERAL RULE OF LAW entering the proposed order. The and failed to serve the husband Tis that “This Court [the resulting turmoil continues to the with notice of such default motion Oklahoma Supreme Court] has present time. and of the second hearing. A consistently viewed default judg- There are two questions: default judgment was granted ments with disfavor, preferring, 1) when is a default judgment against the defaulting husband at ‘whenever possible, that litigating allowed and 2) what motion, such second hearing. The order parties be allowed their day in hearing and notice of such motion was filed, but, apparently, was not court so that a decision on the and hearing, if any, is required, to served on the husband.6 merits can be reached.’”1 secure a default judgment? Less than two years later, the In 2015, the Oklahoma Supreme Regarding the facts in Schweigert, husband hired an attorney and Court issued a ruling in regard to a wife filed for divorce and prop- sought to vacate the default judg- a divorce proceeding, wherein it erly secured personal service of ment. His request was denied by reversed a trial court default judg- her petition on her husband at a the trial court, and he appealed. ment by concluding: nonresidential location.3 The peti- The Oklahoma Court of Civil tion included an application for a Appeals affirmed the trial court The dispositive question raised temporary order, and at the initial judgment, and the Oklahoma for our review is whether a party hearing, set by the wife, where she Supreme Court accepted certiorari must file a motion for default and sought relief regarding temporary and, as shown in the quote above, give the adverse party notice under custody of their two children and reversed the trial court.7 Rule 10 of the Rules for District child support, the husband physi- Initially, the bar attempted Courts, 12 O.S. 2011, ch. 2, app. cally appeared (pro se). However, to downplay the impact of this (Rule 10), when the adverse party he still failed to file an entry case by assuming its holding was fails to file an answer or an entry of appearance, failed to file an limited to divorce cases, which are of appearance but physically appears answer and, apparently, failed to “special” statutory “proceedings,” at a hearing. We answer in the provide a service address.4 A tem- and not civil “actions.” However, affirmative.2 porary order was issued granting as shown in the later holding in the wife’s requests, and a year later Asset Acceptance (discussed This Schweigert decision appar- the order was filed, but a copy was below), this ruling is not limited ently created significant turmoil not provided to the husband. to divorce proceedings. among many members of the A year after this initial hearing, While an argument might bench and bar, especially among the court held a second hearing – be made that the holding in the the collection bar which relies at the request of the wife – at Schweigert case was incorrect (see extensively on default judgments. which a final default order was the discussion below), this article The usual practice – in many issued which granted a divorce, primarily focuses on providing counties – entails submitting a gave custody of the children and guidance on how to comply with proposed order for default judg- granted child support.5 the holding. ment, with or without a motion, The wife did not file a motion By way of background, the with no notice, and no hearing, for the default (but did “tender a principal statutes requiring a writ- followed by the district court minute order setting the matter”) ten response from the defendant
54 | APRIL 2020 THE OKLAHOMA BAR JOURNAL after proper service (answer 1. B. SUMMONS: FORM. opinions, but instead relies exclusively statutes) provide: 1. The summons… shall on its own Rule 10. notify the defendant that in The brief answer to the two 1) “Every party to any civil pro- case of failure to appear, judg- threshold questions, based on the ceeding in the district courts ment by default will be ren- holding in Schweigert, is: shall file an entry of appear- dered against the defendant ance…”8 (12 O.S. Section for the relief demanded in a. Entitlement to Default 2005.2 (A)), and the petition. (12 O.S. Section Judgment: A default judg- 2) “…a defendant shall serve an 2004 (B)(1)), and ment may be requested answer: (a) within twenty 2. A. SERVICE: WHEN when the defendant fails (20) days after the service REQUIRED. to “file an answer”; and of summons and petition Except as otherwise pro- b. Process for Taking a Default upon the defendant.” (12 O.S. vided in this title, … every Judgment: Section 2012(A)). pleading subsequent to the 1. If a defendant either makes original petition …, shall or files an appearance, but While the answer statutes call be served upon each of the fails to file an answer, then for written filings, two additional parties. No service need be the plaintiff must follow related statutes (appearance stat- made on parties in default Rule 10,9 and: utes) suggest that default judg- for failure to appear… (12 O.S. a) File a motion for default; ment is only permitted upon a Section 2005 (A)) and “failure to appear.” These appear- b) Set the motion for hear- ance statutes provide a slightly It should be noted that the ing; and different view of what steps are Oklahoma Supreme Court does c) Give at least a five-day required to justify taking a default not cite or rely upon these two notice of such motion judgment. They provide: appearance statutes in its Schweigert and hearing.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 55 c. What notice was given, and, if none were given, the reason therefore.
And in regard to setting a hearing:
While the holding in Schweigert is precedential B. If the defaulting party has filed a pleading/document or and must be followed by both the lower courts has appeared in open court, a hearing must be set and and the members of the bar, such policy is notice must be provided to the defaulting party. apparently contrary to the practice in many In order for the court record to counties across the state. reflect whether a physical nonwrit- ten “appearance has been made,” so that the trial court can be informed and then know what steps need to be followed to grant a default 2. If a defendant fails to make Yes - 13 (in Oklahoma judgment, the practice of having at or file an appearance, and County, some judges do least a court minute entered reflect- fails to file an answer, and some do not) ing such “physical appearance” will then (according to Rule 10) No - 24 probably need to be followed. “Notice of taking default Unstated - 40 It should be noted that an is not required where the error in the text of the Schweigert defaulting party has not 2) When is a hearing required decision has spawned additional made an appearance.” for a motion for default confusion as to what action or While this fact pattern judgment: inaction by a defendant triggers was not in front of the the need for notice and a hearing, Schweigert court, one might a. Always - 6 before taking a default judgment. assume – due to dicta in b. If court so determines - 3 Such language misstated the the case (discussed below) – c. Only if an entry of court’s core holding (calling for that the filing of a motion appearance, answer or a motion, hearing and notice if at and the setting of a hear- correspondence received least “an appearance was made”): ing with notice is required. or filed - 25 d. Unstated - 43 “This language [Rule 10] While the holding in Schweigert mandates that a motion must is precedential and must be fol- The bar and the bench are be filed in all instances, even lowed by both the lower courts required to adjust their practices to when a party fails to make an and the members of the bar, such adhere to the holding in Schweigert. appearance...”11 policy is apparently contrary to For instance, Oklahoma County the practice in many counties has – since Schweigert – amended One might simply assume across the state. its Local Rule 16 to add a require- that such surplus language could The results of a recent infor- ment for the filing of a default be ignored as only being dicta. 10 mal survey of the default judg- motion and a hearing, and such However, a 2018 Oklahoma Court ment procedures followed in motion must state the following: of Civil Appeals case adopted such Oklahoma’s 77 counties found “dicta” as its guiding light. As a wide range of practices: A. 1. a. Whether the defaulting shown in Asset Acceptance v. Pham, party has filed any 2018 OK CIV APP 26, 415 P.3d 47 1) Is a motion for default pleading/documents; (a credit card collection case), judgment required before b. Whether the defaulting 1) the core ruling in Schweigert was presenting the default party has appeared in expanded beyond “divorce pro- judgment? open court; and ceedings,” 2) the “dicta” took on
56 | APRIL 2020 THE OKLAHOMA BAR JOURNAL a life of its own and 3) the COCA 1) The answer statutes clearly as required by the pre-trial order, where such took Schweigert several steps farther. require a written appearance default judgment was permitted in the discretion of the court, and also for failure to respond to A simple reading of the hold- and service of a written a pending motion to modify custody where ing in Asset might lead one to answer;13 such default judgment was permitted in the discretion of the court. Both cases turned on conclude that in every instance, 2) Contrary to the assertions in there being discretion under the two rules, the “even when a party fails to make Schweigert, Rule 10 was never older rule of law, as expressed in White, that “[U] nder no circumstances may a modification in an appearance,” there must be not a statute, but was issued custody based on a change of circumstances only a motion, but a hearing with as part of the overall set of be effected unless the requesting parent demonstrates” specific elements. Allegations at least a five-day notice. District Court Rules by the alone are inadequate, and, instead, there must be Such sweeping new procedures Oklahoma Supreme Court at an evidentiary hearing, before judgment can be granted; otherwise, it is an abuse of discretion. can be adopted by the bar and the the request of the Oklahoma These cases point out a specific area where a bench, but it should be noted that Bar Association;14 and normal default judgment cannot be granted – custody/visitation matters. 1) such new practices will burden an 3) The language of 12 O.S. 2. Schweigert v. Schweigert, 2015 OK 20, allegedly overburdened judicial sys- §2005.2(A), which requires the ¶1, 348 P.3d 696, 697; Rules for District Courts of Oklahoma, Rule 10. Notice of Taking Default tem and 2) such new practices could defendant to “file an entry of Judgment. In matters in default in which an be reversed by legislative action. appearance,” was adopted appearance, general or special, has been made or a motion or pleading has been filed, default Such legislative action is currently after the adoption of Rule 10, shall not be taken until a motion therefore has pending in this 2020 session (HB and such facts do not mean – been filed in the case and five (5) days notice of the date of the hearing is mailed or delivered to 3660, by Kannady), with this addi- as asserted in Schweigert – the attorney of record for the party in default or to tional language being suggested: that the earlier rule some- the party in default if he is unrepresented or his attorney’s address is unknown. Notice of taking how “preempted” the later default is not required where the defaulting party 12 O.S. §2012: adopted statute; instead it has not made an appearance. H. MOTION FOR DEFAULT means the legislature super- 3. Schweigert, ¶2 (“Father was personally served at CeeDee’s Country Store in Dustin, 15 JUDGMENT NOT seded such Rule 10. Oklahoma.”). REQUIRED IF DEFENDANT 4. Schweigert, ¶2. 5. Schweigert, ¶4. FAILS TO FILE RESPONSE. 6. Schweigert, ¶4. Nothing in any provision 7. Schweigert, ¶5. ABOUT THE AUTHOR 8. This EOA is solely to provide to the plaintiff of this title or in any court Kraettli Q. Epperson is a partner with the contact information for the defendant: “The rule shall be construed to Mee Hoge PLLP in Oklahoma City. entry of appearance shall include the name and signature of counsel or the unrepresented party, require a motion for default He has chaired the Title Examination the name of the party represented by counsel, judgment, with or without Standards Committee for over the mailing address, telephone and fax numbers, Oklahoma Bar Association number, and name of notice, if after service of 30 years and has taught Oklahoma the law firm, if any.” summons and petition, a Land Titles at OCU School of Law 9. Rule 10: “…default shall not be taken until a motion therefore has been filed in the case and defendant fails to file with for over 35 years. He edits and five (5) days notice of the date of the hearing is the court clerk an appear- coauthors West/Epperson: mailed or delivered to the attorney of record for the party in default or to the party in default if ance, answer, motion, plead- Oklahoma Real Estate Forms. he is unrepresented or his attorney’s address is ing, or response. Contact unknown. 10. By the Oklahoma City Commercial Law or communication with the ENDNOTES Attorney’s Society. plaintiff or attorney of the 1. Williams v. Meeker, 2019 OK 80, ¶12, 455 11. Schweigert, ¶15. P.3d 908, 913 (Vacation of a default judgement by 12. Minie v. Hudson, 1997 OK 26, ¶8, 934 P.2d plaintiff shall not constitute the trial court and the COCA was overturned on 1082, 1086. an appearance unless the appeal, where the losing defendant attacked the 13. 12 O.S. §2004(B)(1) and 2005.2(A); Boston initial default judgment based solely on an alleged Ave. Management, Inc. v. Associated Resources, contact or communication is lack of notice of the petition and due to an alleged Inc., 2007 OK 5, ¶11; and Kohler v. Chambers, also filed by the defaulting unavoidable casualty and misfortune, all caused 2019 OK 2, ¶6. party in writing with the by a failure of the service agent to advise the 14. Schweigert, ¶14; 32 OBJ 1731 (1961). principal of the receipt of the petition. There was 15. Schweigert, ¶14; Minie v. Hudson, 1997 court clerk. extensive proof that the petition, the motion for OK 26, ¶8, 934 P.2d 1082, 1086. default judgment and a hearing on damages were properly served.); also see White v. White, 2007 It should be noted that legisla- OK 86, 173 P.3d 78, wherein a default judgment tive enactments adopted subse- was reversed after being granted against the defendant for failure to file a response to a motion, quent to an appellate court ruling under 4(e) Rules for District Courts, with such supersede such ruling.12 default judgment being permitted in the discretion of the court, and see Guyton v. Guyton, 2011 OK In regard to whether the holding CIV APP 92, 262 P.3d 1145 – citing White – wherein in the Schweigert case was correct, a default judgment was reversed after being granted against the defendant for failure, under it should be noted: Rule 5(j), Rules for District Courts, to provide the required pre-trial conference statement
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 57 IN THE SUPREME COURT OF THE STATE OF OKLAHOMA AND IN THE OKLAHOMA COURT OF CRIMINAL APPEALS SCAD NO. 2020-24
FIRST EMERGENCY JOINT ORDER REGARDING THE COVID-19 STATE OF DISASTER 1. Governor J. Kevin Stitt issued Executive Order 2020-07 on March 15, 2020, declaring an emergency in all 77 Oklahoma Counties caused by the impending threat of COVID-19 to the people of the state. This joint order is issued to clarify the procedures to be followed in all Oklahoma district courts and to encourage social distancing and to avoid risks to judges, court clerks, court employees and the public. 2. All district courts in Oklahoma shall immediately cancel all jury terms for the next 30 days and release jurors from service. No additional jurors shall be summoned without approval of the Chief Justice. All civil, criminal and juvenile jury trials shall be continued to the next available jury dockets. 3. Subject only to constitutional limitations, all deadlines and procedures whether prescribed by statute, rule or order in any civil, juvenile or criminal case, shall be suspended for 30 days from the date of this order. This suspension also applies to appellate rules and procedures for the Supreme Court, the Court of Criminal Appeals, and the Court of Civil Appeals. 4. In any civil case, the statute of limitations shall be extended for 30 days from the date of this order. 5. Subject only to constitutional limitations, assigned judges should reschedule all non-jury trial settings, hearings, and pretrial settings. Emergency matters, arraignments, bond hearings, and required proceedings of any kind shall be handled on a case by case basis by the assigned judge. Judges shall use remote participation to the extent possible by use of telephone conferencing, video conferencing pursuant to Rule 34 of the Rules for District Courts, or other means. The use of email, fax and drop boxes for acceptance of written materials is encouraged, except that the use of email may not be used for appellate filings at this time. If any party or counsel objects to a continuance of any matter, assigned judges are encouraged to hold hearings in the same manner as emergency matters. 6. The following persons are prohibited from entering any courtroom, court clerk’s office, judges’ offices, jury room or other facility used by the district courts : a. Persons who have been diagnosed with or have direct contact with anyone diagnosed with COVID-19. b. Persons with symptoms such as fever, severe cough, or shortness of breath. c. Persons who have traveled to any country outside of the U.S. in the past 14 days, and those with whom they live or have had close contact. d. Persons who are quarantined or isolated by any doctor or who voluntarily quarantine. e. If you are in one of these categories (a-d) and are scheduled for a court appearance or are seeking emergency relief, contact your attorney, and if you have no attorney, call the court clerk’s office in the county where you are required to appear. 7. All courts may limit the number of persons who may enter any courtroom, judges’ or clerk’s office, jury room or any other facility used by the district courts. 8. This order is subject to extension or modification as necessitated by this emergency. IT IS SO ORDERED. DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 16TH DAY OF MARCH, 2020.
/s/ Noma D. Gurich CHIEF JUSTICE WITNESS OUR HANDS AND THE SEAL OF THIS COURT THIS 16TH DAY OF MARCH, 2020. /s/ David B. Lewis PRESIDING JUDGE
58 | APRIL 2020 THE OKLAHOMA BAR JOURNAL
From the Executive Director Lions and Tigers and Bears and Things By John Morris Williams
ECENTLY, I SAW A POSTING I decided to investigate planning out and stockpile several items Ramong a national group of bar for a pandemic and so far, the like gloves and surgical masks. executives I belong to relating to Centers for Disease Control and That is outside my expertise and the latest strain of the coronavi- Prevention tells me there is not I am clueless just exactly what rus. The posting asked the ques- much I can do. Hand washing, not one should or should not buy for tion: what is your bar’s plan for a traveling to affected areas, staying a pandemic. As far as the OBA pandemic? Plan for a pandemic? We away from people who are sick is concerned, we will operate as have a plan for disasters, safety and perhaps having some things usual until we have a reason not plans and technology security at home if you need to be there to. As with any situation that plans. Now I need to think about for a few days. Somewhere in might make staff or the building planning for a pandemic? It seems listening to all the voices talking unavailable, we have a plan. the world is full of lions and tigers on the subject there was a bit of a I think the greater risk now to and bears and things. hint that we don’t all need to run businesses, associations and law firms is another type of virus – ransomware. In the last year, mega firms, large state bar associations, large municipal governments and even individual OBA members have been hit with ransomware. I have spoken personally with more than one OBA member who have been shut down by ransomware. If you get hit with ransomware there are two options – one is to pay and the other is to refuse to pay and rely upon your backup. The refusal to pay option is heroic and principled. However, it has on more than one occasion ended up being more costly than paying the ransom. I have had con- versations with those who choose the “we are not paying a dime” route. The costs of restoring from backup can be staggering. One state bar association reported spending approximately $10,000 a day to bring its information back online
60 | APRIL 2020 THE OKLAHOMA BAR JOURNAL from their backup. This went on for these have their own limitations several days, and it turned out the and every lawyer should either backups were not perfect. become aware of the risks they face The first and best rule is that you or have technology experts advising should be backing up your data them. There are lions and tigers and responsibly. Your backup provider bears and things out there that want should meet industry standards for to disrupt your practice and even security, and the place your backup hold your data ransom. provider uses for redundancy Unlike a pandemic, there are should also meet industry stan- things you can do to avoid a disas- dards. Failing to have totally secure ter with your data. Planning for backups could result in liability and data security, backing up, testing disciplinary action against your the backups and even considering license. This is serious stuff, and insurance to help with the cost of everyone from a solo practitioner recovery are things every lawyer to a mega firm should have a data should be doing. If you are lost storage and retrieval plan. in the woods on this, the OBA To back up is not enough. You Management Assistance Program must test your backups regularly. I staff can help you get to where you learned from a large organization need to be. This is one of several that was experiencing failure with instances your OBA membership restoring data from its backup at and the services the OBA offers least part of the data had not been can help save your practice and tested previously to see if it would thousands of dollars. We can help restore properly. In sum, your you become a no lions and tigers and data backup is only as good as the bears and things zone. parts of it that can be restored. You can take some preventative action using antivirus software and strict rules on not opening attach- ments from unknown sources. Cloud applications and good back- ups, with regular backup testing To contact Executive Director Williams, may be the best prevention and email him at [email protected]. recovery methods. Also, there is insurance available to help offset the cost of recovery if you have a disas- ter or get hit with ransomware. Even
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 61 Law Practice Tips Highlights From the ABA TECHSHOW 2020 By Jim Calloway and Julie Bays
BA TECHSHOW 2020 was Text messaging for lawyers has developing texting tools for the Aheld in Chicago during the been covered in these pages before legal profession. There were also final few chilly days of February. and this year at ABA TECHSHOW several new virtual receptionist Interesting things are happening there were several new services and chatbot tools. in the legal technology field, related to text messages, from ones “By the Numbers: Build a Data- and we wanted to share a few that help lawyers archive the mes- Informed Marketing Plan and of the highlights. sages to ones that prepare billing Budget” was an early Thursday One can often get a good sense entries based on text messaging for morning educational session from of what’s hot in legal technology by the lawyer to then review. Clearly Chelsea Lambert, who will be roaming the large expo hall and vis- a lot of people have an interest in speaking at our OBA Solo & Small iting with the vendors. There were new practice management solutions announced, and ABA TECHSHOW A WORD ON PANDEMIC PLANNING FOR LAW FIRMS is also a traditional time for the established software vendors to Whether it is the COVID-19 coronavirus or the next big threat, it is no announce new product features. longer the subject of speculative fiction to make a few plans in case of So, an artificial intelligence- quarantines or pandemic threats. So, here are a few things to consider: powered tool to create first drafts of briefs has arrived. That is inter- Examine how you deal with deadlines, particularly on “nonforgiveable” esting and scary to some. OBA member benefit CaseText, deadline dates, like statutes of limitations expiring. Maybe completing which previously garnered much these on the day before they are due is no longer responsible. attention with its artificial intelli- Consider implementing a goal of completing those items two weeks gence-powered brief analysis tool before the deadline instead of a day or so. If things go negative, CARA, debuted Compose, a tool events could be fast moving, and it is best to get the “absolutely have to assist in quickly preparing the to” list as short as possible. You might not be facing a quarantine – first draft of a litigation brief. (It is just when everyone in the office who knows how to format that brief not intended for appellate briefs.) properly is out sick at the same time and infection-spurred demand Neither of us made the demonstra- has made it briefly impossible to hire a temporary paralegal. tion, but those who did indicated What are your policies in the event of a significant office closure? it was impressive. According to Who can work from home? Who cannot? Does one person come coverage in LawSites blog, “[f]or to the office to scan the mail and forward it? Is that even possible solo and small-firm attorneys, they without an IT staff person coming to work? will be able to purchase Compose on an a-la-carte, per-brief basis. Examine your remote access tools and whether everyone can use The first use will cost $99. After them. Would it be good to own a couple more laptops? If staff are that, each brief will cost $1,499.” forced to telecommute, is their home security good enough? (I’m Larger firms can purchase various assuming most lawyers are already doing some remote work.) types of subscription packages.1
62 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Firm Conference this summer, the amazing automation that Jim Calloway spent some time and Stephanie Everett. Their Office 365 for Business offers with in the law office automation track. discussion focused on planning, “Automation for Law Firms Using One speaker who has incorporated budgeting, marketing technology Office 365.” If you haven’t checked many automation tools called zaps and data analyzing. They suggest out all the apps available just go from the Zapier company says at if you have a website you should to your online version of Office this stage these tools are far from utilize Google Analytics. There are 365 to review all the options. “set it and forget it.” He schedules plugins available that make this Click on the square box with dots. once a month to test all of his zaps easier.2 Google Analytics is free, Click on the “All Apps” button to just to make sure nothing has broken. and it can help you understand see what is there. The Microsoft iPhone users the traffic to your website. Google Power Automate App will let you may not have provides support and tutorials.3 streamline repetitive tasks, and even noticed Speaking of Google, did you the app offers templates you can the Shortcuts know that many, if not most law- use. Did you know, for example, app on their yers or law firms, should “claim” that Office 365 Teams now has a phones. These their business using Google My videoconferencing feature built shortcuts Business? Gyi Tsakalakis and Joy right in? allow users Hawkins explained that this free One interesting tip that seemed to build Apple's Shortcuts tool can help lawyers manage to surprise many in the audience automated app icon their online presence in Google was the addition of a button processes involving their phones. Search and Maps. While it is a free for email templates in Outlook. You don’t have to learn advanced resource from Google, registra- Microsoft keeps adding features coding to do this. In fact, there is a tion is required. They also taught via Office 365. The “View Templates” gallery that allows you to see and another entire session on free tools button is visible when you have add shortcuts others have designed to be used for marketing that was a new email message open and for your phone. One simple short- covered by the ABA Journal.4 you use it to save commonly cut lawyers noted as an example OU College of Law’s Kenton used phrases into your emails was a shortcut to automatically Brice and TECHSHOW Co-Vice with a single click (see the mute your phone when you Chair Allan Mackensie demonstrated graphic below). were at the courthouse.
The “View Templates” button is visible when you have a new email message open and you use it to save commonly used phrases into your emails with a single click.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 63 One speaker at a panel on deliv- Mr. Calloway is OBA Management ering limited scope legal services Assistance Program director. Need indicated that having e-signature a quick answer to a tech problem capability was critical. So, we will or help solving a management be looking at that over the next dilemma? Contact him at 405-416- several weeks. 7008, 800-522-8060, jimc@okbar. Another idea we heard is use- org. It’s a free member benefit. ful after the law firm has created Ms. Bays is a practice several promotional videos. These management advisor in the could be displayed in the waiting OBA Management Assistance room at the law firm so that your Program, aiding attorneys in using firm’s other services are profiled. technology and other tools to One would obviously need to have efficiently manage their offices. several of these and perhaps alter- nate them with a public interest ENDNOTES video or two, so the waiting room 1. www.lawsitesblog.com/2020/02/notable- experience did not become tedious new-casetext-product-drafts-your-litigation- briefs-for-you.html. because of them. 2. wpforms.com/ ABA TECHSHOW is a great best-google-analytics-plugins-for-wordpress/. 3. support.google.com/ event. Several Oklahoma lawyers analytics/?hl=en#topic=3544906. attended. Next year’s event will be 4. www.abajournal.com/news/article/ held March 10-13, 2021, in Chicago. can-law-firms-really-market-for-free. Look for the OBA event promoter code to save money when regis- tering next year.
64 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Ethics & Professional Responsibility Fee Simple? By Richard Stevens
LAWYER’S FEES IS a subject The factors enumerated in the or upon the amount of alimony A that often comes up in discus- Rule 1.5 are not exclusive and may or property division. Contingent sions with practitioners. ORPC 1.5 not be relevant in every instance. fees are not prohibited in actions contains the rules for fees. Foremost, While Rule 1.5 does not require a for the recovery of post-judgement a lawyer’s fees must be reasonable. written contract for most fees, com- balances under support, alimony The rule provides several factors mon sense dictates that a written or other financial orders. to be considered in determining contract will reduce the possibility Finally, for lawyers not in the whether fees are reasonable: of misunderstanding. The contract same firm to share fees, the divi- should state the nature and extent sion must be in proportion to the 1) the time and labor required, of the services to be provided and work done by each lawyer or each the novelty and difficulty the basis, rate or total amount of lawyer must assume joint respon- of the questions involved, the fee. The contract should explain sibility for the representation. The and the skill requisite to if and to what extent the client will client must agree to the arrange- perform the legal service be responsible for the payment of ment and confirm it in writing. The properly; any costs and expenses. total fee must also be reasonable. 2) the likelihood, if appar- In certain circumstances, such ent to the client, that the as when a third party pays the acceptance of the particular lawyer’s fee, it may be helpful to Mr. Stevens is OBA ethics counsel. employment will preclude plainly state the identity of the Have an ethics question? It’s a other employment by the client. A statement that the lawyer member benefit, and all inquiries lawyer; answers to the client alone and are confidential. Contact him at 3) the fee customarily charged exercises independent professional [email protected] or 405-416- in the locality for similar judgement on behalf of the client 7055. Ethics information is also legal services; may also be useful. online at www.okbar.org/ec. 4) the amount involved and Lawyers may not charge the results obtained; a retainer or flat fee that is ENDNOTE 5) the time limitations nonrefundable.1 1. State Ex Rel. Oklahoma Bar Association v. Weigel, 2014 OK 4, 321 P.3d 168. imposed by the client or Contingent fees must be in by the circumstances; writing, signed by the client and 6) the nature and length of the must state how the fee is to be professional relationship calculated. Contingent fees must with the client; not exceed 50% of the net recovery. 7) the experience, reputation, The agreement must clearly notify and ability of the lawyer the client of any expenses for or lawyers performing which the client is responsible. the services; and Lawyers cannot charge or col- 8) whether the fee is fixed or lect contingent fees for represent- contingent. ing a defendant in a criminal case. Lawyers may not charge or collect a fee in a domestic case which is contingent on securing a divorce
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 65 Board of Governors Actions Meeting Summaries
The Oklahoma Bar Association Board of REPORT OF THE has-been party, swearing-in ceremony Governors met Feb. 21 at the Oklahoma VICE PRESIDENT for Board of Governors and offi- Bar Center in Oklahoma City. Vice President Nowakowski cers, Lawyers Helping Lawyers reported she attended the swear- Assistance Committee meeting, EXECUTIVE SESSION ing in for new board members, OBA Legislative Kickoff and Ottawa The board voted to go into exec- and in Austin she attended the County Bar Association meeting. utive session to discuss the status of ABA Midyear Meeting, ABA YLD In Austin he attended the Southern litigation, met in session and voted assembly, ABA state membership Conference of Bar Presidents, to come out of executive session. chair meeting, ABA Oklahoma National Conference of Bar delegate dinner and ABA House Presidents, ABA Midyear Meeting REPORT OF THE PRESIDENT of Delegates. and ABA House of Delegates. President Shields reported she participated in discussions regard- REPORT OF THE BOARD MEMBER REPORTS ing pending litigation, had a con- PRESIDENT-ELECT Governor Beese reported he ference with the Estate Planning, President-Elect Mordy reported attended the has-been dinner, Probate and Trust Section chair- he attended the swearing-in swearing-in ceremony for new person about guardianship ceremony for the new officers and officers and governors and OBA handbooks, had discussions with board members, OBA legislative Legal Internship Committee meet- chairs and members of other OBA update session, Oklahoma Bar ing. Governor Davis reported committees and sections, partici- Foundation meeting, ABA Midyear he attended the Bryan County pated in a conference call and other Meeting and National Conference Bar Association meeting, Law communications regarding the of Bar Presidents meeting. School Committee meeting and Uniform Bar Examination advisory impeachment trial session at the committee and potential adoption REPORT OF THE U.S. Capitol in Washington D.C. of UBE in Oklahoma, prepared EXECUTIVE DIRECTOR with Southeastern Oklahoma the March bar journal president’s Executive Director Williams State University pre-law students message, taped a segment of the reported he attended the swear- for an experiential learning trip. Law Day TV show, appeared as a ing-in of new officers and Governor DeClerck reported guest on The Verdict TV show. She governors, meetings on pending lit- he attended the Garfield County attended the board has-been party, igation, two Technology Committee Bar Association meeting, OBA swearing-in ceremony for Board of meetings, meetings on Law for Legislative Kickoff and Garfield Governors members and officers People website, Legislative Kickoff, County Doctor Lawyer Dinner. before the Oklahoma Supreme Legislative Monitoring Committee He also met with the Micronesian Court, EPPT Section completion meeting, National Association Coalition founder and chairper- meeting, OBA Legislative Kickoff, of Bar Executives, Southern son in an effort to establish a meetings with the OBA execu- Conference of Bar Presidents presentation to the Micronesian tive director and staff regarding and National Conference of community concerning basic legal Annual Meeting planning and in Bar Presidents meetings. issues to be presented in conjunc- Austin, Texas, Southern Conference tion with Law Day. Governor of Bar Presidents and National REPORT OF THE Edwards reported he attended Conference of Bar Presidents meet- PAST PRESIDENT the swearing-in ceremony for ings, ABA Midyear Meeting and Past President Chesnut officers and new board mem- House of Delegates meeting. reported he attended the board bers, Professionalism Committee
66 | APRIL 2020 THE OKLAHOMA BAR JOURNAL meeting and Legislative Kickoff. Governor Morton reported he Association Technology Committee He also served as presiding judge attended the swearing-in ceremony meeting. Governor Williams and scoring panelist for the OBA’s for new board members, reception reported he attended the swear- High School Mock Trial program. for President Shields, Lawyers ing-in ceremony for new OBA Governor Garrett reported Helping Lawyers Assistance governors, two Tulsa County Bar she attended the has-been party, Program meeting and Holloway Association’s Board of Directors swearing-in ceremony for officers Inn of Court meeting. Governor meetings, at which in January he and new board members, Tulsa Pringle reported he attended the presented the professionalism County Bar Association board OCU Law Mentorship Program moment, TCBA judicial dinner, meeting and TCBA judicial fund- opening reception, swearing-in which serves both to recognize the raiser. Governor Hermanson ceremony for officers and new new Tulsa County presiding judge reported he attended the Board board members and a dinner and to raise money to benefit the of Governors has-been party, for Financial Institution and Tulsa County District Court, OBA swearing-in ceremony for board Commercial Law Section officers. Legislative Kickoff and the OBA members and officers, recep- He also moderated the OBA’s Diversity Committee meeting. tion for President Shields and Legislative Kickoff, chaired the Vice President Nowakowski, February Legislative Monitoring REPORT OF THE YOUNG OBA Legislative Kickoff, District Committee meeting, wrote a LAWYERS DIVISION Attorney Council Executive Board legislative update article for the Governor Haygood reported he meeting, District Attorney Council bar journal, wrote an article for the attended the swearing-in ceremony meeting and Oklahoma District OCBA Briefcase and wrote an arti- for new board members and Solo & Attorneys Association meeting. cle for the OBJ constitutional law Small Conference Planning He chaired the Justice Assistance issue. Governor Rochelle reported Committee meeting. He said the Grant Board meeting. Governor he attended the board has-been division is starting its year with Hutter reported he attended the party, swearing-in ceremony for its meeting tomorrow. Solo & Small Firm Conference board members, luncheon after Committee meeting and Bench the ceremony, Comanche County BOARD LIAISON REPORTS and Bar Committee meeting. Bar Association meeting and Bar Governor Rochelle said the Bar Association Technology Committee is looking at the best way to provide remote access to meetings. Zoom and BlueJeans were reviewed. Skype was not considered an option because Governor Rochelle said the Bar Association Microsoft is ending support for classic Skype. A final decision has Technology Committee is looking at the best not yet been made, but he said it looks like BlueJeans, which is way to provide remote access to meetings. being used by the OBA now, is the best option. Executive Director Williams said the biggest problem is finding a Tulsa location where sections that like to gather as a
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 67 group using remote technology Governor Hutter said the Solo & program. Efforts are being made could have tech support. Discussion Small Firm Conference Planning to restart the discussion group in followed. The committee will Committee has finished its planning Tulsa. Executive Director Williams make a recommendation at the for the conference that will be said the Legislative Monitoring next meeting. held June 18-20 at the Choctaw Committee’s Legislative Kickoff Vice President Nowakowski Casino & Resort in Durant. All the had about 100 people attend. Its said the Awards Committee met details will be included in the bar next event is Day at the Capitol on yesterday and didn’t have recom- journal March magazine. A Great March 10, and the agenda is now mendations for changes; however, Gatsby-theme party is planned complete. He reviewed the speakers President Shields emailed board for the second evening. Governor and their topics. Bar members are members asking for their feed- Edwards said the Professionalism encouraged to make appointments back and a few suggestions were Committee members will be with their legislators now for that submitted. Board members were panelists at a Solo & Small day. Governor Morton pointed out asked to contact Vice President Conference program on what not there is an app with information Nowakowski if they had sugges- to do. Governor Williams said the about the legislators. Governor tions. Governor Davis said the Diversity Committee is making Garrett said the Women in Law Law Schools Committee has plans for its law school boot camp Committee has started its year with started its visits to law schools and LSAT prep session that will be social mixers and promoting them with the first visit to the OU rolled into a single day. Governor using their Facebook page. It is start- College of Law completed. Next Beese said the Legal Internship ing to work on its annual conference. will be the OCU School of Law, Committee continues to work followed by a visit to the TU on modification of Rule 7.5 and REPORT OF THE College of Law. The committee’s a potential rule change for appli- GENERAL COUNSEL revised governance charter was cants who disclose expungement General Counsel Hendryx posted to Communities. Governor cases. Governor Hermanson said briefed the board on two pending Hutter said the Bench and Bar the Law Day Committee has cases. A written report of PRC Committee has created a social confirmed with OETA the Ask actions and OBA disciplinary mat- media guide with tips on how to A Lawyer TV program will air ters from Jan. 1-31, was submitted manage privacy settings on a vari- Thursday, April 30. One of the to the board for its review. ety of platforms, which he emailed two segments has been filmed. to board members. The commit- Governor Morton said the Lawyers PROFESSIONAL tee sees the application of ethical Helping Lawyers Assistance RESPONSIBILITY TRIBUNAL standards to social media use as Program Committee has lined AND PROFESSIONAL an emerging issue for attorneys up a speaker for the solo confer- RESPONSIBILITY and judges. He said the committee ence. LHL Liaison Deanna Harris COMMISSION REPORTS is asking for help in making the will start speaking to county General Counsel Hendryx said guide available to bar members. bar associations to promote the the PRT report dovetails with the
Governor Beese said the Legal Internship Committee continues to work on modification of Rule 7.5 and a potential rule change for applicants who disclose expungement cases.
68 | APRIL 2020 THE OKLAHOMA BAR JOURNAL PRC report. She called attention The Oklahoma Bar Association Board AMENDMENT OF to the graph showing grievances of Governors met for a special meeting KELLER POLICY received, which are down and March 2 at the Oklahoma Bar Center The board voted to modify the reflective of the national trend. in Oklahoma City. OBA’s Keller policy to include 1) a She said neglect is the reason for neutral decision maker, 2) notice to the largest number of grievances, REDISTRICTING OF SUPREME members of expenditures, 3) timing family law and criminal law are COURT DISTRICTS AND of claim and manner in which the the practice areas with the great- POTENTIAL CHANGES TO claim is accepted, 4) opt-out for est number of complaints and the BOARD OF GOVERNORS legislative activity calculation on lawyers with the most complaints ELECTIONS AND the dues statement and treatment have practiced 26+ years, which is COMPOSITION of dues during dispute. The details the majority of bar membership. Executive Director Williams of which were discussed. reminded board members of the REDISTRICTING OF SUPREME discussion at the last meeting NEXT MEETING COURT DISTRICTS regarding the Legislature’s pas- The Board of Governors met President Shields called atten- sage of HB 2366 that will change for regular meetings in March and tion to the handout showing new Supreme Court districts. He early April. A summary of those Supreme Court districts that reviewed the maps provided and actions will be published in the go into effect July 1, 2020, and mentioned there is a pending Oklahoma Bar Journal once the min- how those changes would affect bill that may speed up imple- utes are approved. The next board Board of Governors elections and mentation. He noted the changes meeting will be Friday, May 15, in composition. Executive Director that would occur to Board of Oklahoma City. Williams reviewed the changes Governors representation if the and outlined options, which OBA were to align its districts include keeping districts as they with the new Supreme Court are now. He asked for direction districts. Discussion followed, within the next 60 days in antic- and options were reviewed. The ipation of nominating petitions board voted to add to current being filed. Discussion followed. rules Creating and Controlling President Shields suggested the OBA Art. IV Sec. 1(b) “…as the creating a subgroup to discuss Supreme Court districts existed options and present at the next prior to Jan. 1, 2020.” It was deter- meeting. Volunteering to serve mined that changes could be made are Governors Beese, DeClerck, in the future, if necessary. The Edwards, Hermanson, Morton and proposed addition will be submit- Executive Director Williams. ted to the Supreme Court for its consideration. NEW BOARD MEMBER ORIENTATION EXECUTIVE SESSION A briefing by all OBA directors The board voted to go into for new board members took take executive session to discuss place following the meeting. amending the Keller policy. The board met and voted to come out of session.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 69 Bar Foundation News OBF Impact Update – The CARE Center: Alexis the Brave
LEXIS, AGE 7, was taken to could also prevent the child’s safe Athe hospital because her biolog- placement in a different home. ical family thought she had the flu. Another benefit of forensic After running tests, it was deter- interviews relates to the court mined she had something much process. An abused child would worse. Alexis tested positive for a often be called to testify in court sexually transmitted disease. Her in front of the person who abused case was opened as an active abuse them. This was terrifying for the investigation and she was referred child. However, because forensic to the CARE Center by DHS. She interviews are videotaped and was only functioning at a 3-year-old recorded, they can be used instead Alexis and her younger sister level, and trained professionals at as evidence. The abused child no DHS and the CARE Center could CARE Center, an OBF grantee, longer must endure the additional not get her to speak. She was com- provides a comprehensive and safe trauma of testifying in person. pletely nonverbal, and it was then place for children to tell their sto- In honor of National Child they realized the magnitude of the ries of abuse. A team of profession- Abuse Prevention Month (April), abuse taking place in her life. als – including law enforcement, the OBF is proud to highlight Alexis’ abuser had told her not DHS, medical, mental health, legal the incredible work of the CARE to say anything and most likely and family advocacy personnel – Center, Oklahoma County’s only threatened to do something awful work together on each case. This child advocacy center. Child abuse if she did. She was very confused, multidisciplinary team effort is a is an epidemic – one in three scared and ill. The CARE Center hallmark of child advocacy centers girls and one in five boys will be worked with Alexis while gath- and provides a coordinated, joint abused before their 18th birthdays ering as much information about response to abuse, with the child’s in Oklahoma County. The CARE her story as possible. Their trained best interests in mind. Center is committed to providing forensic interviewer talked with One of the most important children and families the support her teachers to learn the best way services the CARE Center provides and resources they need to help tell to communicate with her, and they for children is the forensic inter- their stories and begin the healing finally had a breakthrough! Alexis view process. A trained forensics process, as well as abuse preven- disclosed inappropriate behavior interviewer talks with the child to tion education programs for adults by her grandfather, and she was get the details of the story in an and young children. The CARE placed with a loving foster family. environment where the child feels Center’s evidence-based interviews Her grandfather was convicted of safe. Before child advocacy centers adhere to the highest standards set child abuse. On Jan. 23, 2018, Alexis existed, a child victim had to repeat forth by its accrediting body, The was legally adopted by her foster the story of abuse to adults they National Children’s Alliance. family. Her life had been forever did not know an average of seven The Oklahoma Bar Foundation changed by the care she received times, including to doctors, police funds victim legal services and at the CARE Center. and attorneys, among others. Any forensic interviews at the CARE Every seven seconds, a child discrepancies in the child’s story Center. abuse report is made in Oklahoma. arising from the repeated telling Learn more about The CARE This happens in every town and could be used not only to prevent Center and watch survivor stories at neighborhood in our state. The the arrest of the child’s abuser, they www.carecenter-okc.org/survivors.
70 | APRIL 2020 THE OKLAHOMA BAR JOURNAL
Young Lawyers Division Law Day for the Young Lawyer By Jordan Haygood
APPY SPRING EVERYONE! community. The Oklahoma Bar and county Ask A Lawyer programs, H You have seen through- Association, itself, is led by so Oklahoma lawyers donate their out this issue a lot of information many strong women. time by giving free legal advice about Law Day 2020 “Your Vote, As I reflect on the YLD and our to those around the state. This Your Voice, Our Democracy: the board of governors, I am proud is something that all lawyers 19th Amendment at 100.” Law to see so many strong women in should participate in and pro- Day is meant to reflect on the our profession. It would be remiss mote, it is a way for us to engage role of law in the foundation of if I did not point out the work the with those who may not have the country and to recognize its women on our board do for our access to a counsel. importance for society. The YLD profession and the community. I I encourage everyone to celebrate asks that each of you join us in proudly stand with my them and Law Day. celebrating this milestone. support them in any way possible. The centennial anniversary of Without women in the law, the the 19th Amendment gives our YLD and legal profession would Mr. Haygood practices in state and county bar associations, not be what it is today. Oklahoma City and serves as lawyers, judges and other legal Overall, Law Day provides the YLD chairperson. He may be professionals the opportunity to an avenue for people in the legal contacted at jordan.haygood@ celebrate 100 years of women’s profession to engage in civic ssmhealth.com. Keep up with the constitutional right to vote and action. Through the statewide YLD at www.facebook.com/obayld. to educate the public about the 19th Amendment and the fight for women’s suffrage. Further, it allows the legal profession to uphold law that ensures women’s full and equal exercise of their right to vote and to participate in our democracy. As I contemplate the women’s suffrage movement, I always have to remind myself that it provided more than women the legal ability to vote, it set a wave of civic action by women through organizations. It gave women a voice to make a difference on local and federal levels, which has made a lasting impact on our communities, even here in Oklahoma. The ripple effect of the 19th Amendment on subsequent generations is evi- dent in our legal profession and
72 | APRIL 2020 THE OKLAHOMA BAR JOURNAL
For Your Information
STACIE HIXON APPOINTED TO OKLAHOMA COURT OF CIVIL APPEALS OBA MEMBER RESIGNATIONS Gov. Kevin Stitt has appointed Tulsa attor- The following members have ney Stacie Hixon to the Oklahoma Court of resigned as members of the associ- Civil Appeals. ation and notice is hereby given of Ms. Hixon served as a partner at Steidley & such resignation: Neal PLLC, where she has worked since 2009. She has experience in a variety of areas of law, Laura Ann Frase including insurance bad faith, insurance cover- OBA No. 20589 age issues, products liability, employment law, 3792 Whitehall Drive legal negligence, insurance defense, first party Dallas, TX 75229 claims and general civil litigation. She focused her practice largely on legal research and writ- Toby Lee Friesen ing, as well as presenting motion practice for OBA No. 30080 oral argument at the trial court and on appeal. She previously served as an 1000 New Jersey Ave., SE #1009 associate at Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile PC. Washington, D.C. 20003 She holds a Bachelor of Arts and a Master of Arts in political science from OSU and a J.D. from the TU College of Law. Her appointment fills the Brian Keith Melton vacancy for District 1 created by the retirement of Judge Jerry Goodman. OBA No. 32073 The Drexler Law Group LLC 24 S. Weber St., Ste. 100 KICK IT FORWARD PROGRAM PAYS 11 MEMBERS’ DUES Colorado Springs, CO 80903 The Kick It Forward program paid 11 members’ dues for 2020 Gretta Carter Rowold totaling $3,025. OBA No. 20320 The program was born out of a 43415 Mountcastle desire to help fellow lawyers with Chantilly, VA 20152 financial difficulties. With the many economic challenges lawyers face Mark Thomas Sherman today, it can be a struggle to build up and maintain a legal practice. That’s OBA No. 8170 why the Young Lawyers Division launched Kick It Forward in 2015, with a 504 Stonecroft Ct. SE mission to assist lawyers of all ages in need by paying their OBA dues while Lenoir, NC 28645 they get on their feet. The program is funded by donations made through an election on your dues statement. By completing the Kick It Forward line, lawyers agree to OBA MEMBER pay $20, or the amount of their choice, to the program in addition to annual REINSTATEMENT dues. Planning is underway for a Kick It Forward Tournament later this The following member sus- year with proceeds benefiting the program. pended for nonpayment of dues or noncompliance with the Rules for Mandatory Continuing Legal FAMILY LAW SECTION CANCELS TRIAL ADVOCACY INSTITUTE Education have complied with the Originally scheduled for July 23-25, requirements for reinstatement, the Family Law Section has made and notice is hereby given of such the difficult decision to cancel this reinstatement: year’s Trial Advocacy Institute that was to be held at the Oklahoma Bar Joshua James Young Center in Oklahoma City. Institute OBA No. 22345 leaders Jon Ford, Phil Tucker and Shane Henry encourage members to plan 1531 E. Lincoln Avenue to attend next year’s event. Sapulpa, OK 74066
74 | APRIL 2020 THE OKLAHOMA BAR JOURNAL Bench and Bar Briefs
ON THE MOVE
Dustin A. Bradley and Eric S. He received his J.D. from the TU John Graves has joined Paycom Loggin have formed the firm of College of Law in 2009 and practices Software Inc. as an advising attor- Bradley & Loggin PLLC. The firm primarily in insurance defense, ney. He received his J.D. from the is located at 1800 S. Baltimore civil litigation, medical malpractice OU College of Law in 2003. Avenue, Suite 420, in Tulsa and defense and bad faith defense. can be reached at 918-933-5367. Zachary L. Farris has joined the The firm will practice primarily Larry Edwards has been appointed Oklahoma City firm of DeBee Clark in medical negligence, personal as first assistant district attorney PLLC as an associate. He practices pri- injury, real estate and business law. for Muskogee County. marily in the area of business trans- actions. Mr. Farris received his J.D. Becky R. Baird has been sworn Ron Comingdeer has joined the from the OCU School of Law in 2015. in as special judge for Ottawa Oklahoma City office of Crow & County. Ms. Baird spent 30 years Dunlevy as a director and member Walter Jenny has been sworn-in as a working in the district attorney of the Corporate and Securities magistrate in Abingdon, Virginia. He system before leaving in April Practice Group. He received his has previously worked as an assistant 2017 to work in private practice. J.D. from the TU College of Law in attorney general in Oklahoma as well 1978. Brian M. Self has joined the as general counsel of the Oklahoma J. Andrew Brown has been firm as an associate and member Department of Consumer Credit. elected shareholder of the Tulsa of the Litigation and Trial Practice firm of Atkinson, Haskins, Nellis, Group. He received his J.D. from T. Dustin Crawford has joined the Brittingham, Gladd & Fiasco. the OU College of Law in 2017. Oklahoma City office of Hall Estill as of counsel. KUDOS
Amy Sherry Fischer was selected of Fame. He received his J.D. from and Arkansas. She received her J.D. as a recipient of The Voice of the the OCU School of Law in 1976. from the OCU School of Law in 2006. Defense Bar’s DRI Mary Massaron Award for the Advancement of Cliff Dougherty has been appointed Garvin Isaacs was awarded the Women in the Legal Profession. to serve as leader of the Intellectual OCU Distinguished Law Alumnus The award is presented annually to Property group at McAfee & Taft. Award. He practices primarily in members who have demonstrated Scott McCreary will serve as leader criminal defense and received his a high regard for diversity and of the firm’s Aviation group. Kirk J.D. from the OCU School of Law in a commitment to advocating the Turner will serve as leader of the 1974. Elizabeth Isaac was awarded inclusion and promotion of women. firm’s Labor & Employment Group. the OCU Law Alumni Outstanding Young Alumna award. She prac- V. Burns Hargis and Frank Mike Vorhees will serve as the tices at Dunlap Codding, where she Keating II were inducted into the 2020 vice president of government helps prepare patents, trademarks, OU College of Law Order of the affairs for the South Oklahoma City copyrights and more. She received Owl Hall of Fame on March 12. The Chamber of Commerce. He also her J.D. from the OCU School of Order of the Owl recognizes grad- serves on the chamber’s executive Law in 2013. uates who demonstrate leadership committee and board of directors. Mark Stonecipher and Sharon and service through outstanding Tamya Cox-Touré was awarded the accomplishments in their careers. Voorhees were appointed by OCU Law Alumni Community and Oklahoma City Mayor David Holt to Mr. Hargis received his J.D. from Public Service Award. She currently the OU College of Law in 1970. Mr. co-chair the Oklahoma City Charter serves as the regional director of Review Committee. Mr. Stonecipher Keating received his J.D. from the public policy and organizing for OU College of Law in 1969. is an attorney at Fellers Snider law Planned Parenthood Great Plains, firm and serves as councilman of Justice Doug Combs was inducted where she oversees the Public Ward 8. Ms. Voorhees is a partner at into the Shawnee Basketball Hall Affairs departments in Oklahoma Vorhees Voorhees and Winne P.A.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 75 In Memoriam
avid L. Barry of Tulsa died obert N. McIlroy of Norman may be made to the OU Baptist DJan. 22. He was born Jan. 5, Rdied Sept. 4, 2019. He was born Collegiate Ministries at 1320 1936. Mr. Barry received his J.D. Nov. 20, 1947, in Philadelphia. He W. Lindsay Street, Norman, 73069. from the TU College of Law in moved to Tulsa during his child- 1965 and began his career with the hood and attended OU. After avid Bernard Schneider of National Bank of Tulsa. Mr. Barry’s graduating, Mr. McIlroy served in DOklahoma City died Feb. 9. career took him to Colorado then to the U.S. Army. He then returned He was born March 9, 1944, in Arkansas before bringing him back to Oklahoma and received his J.D. Galveston, Texas. He received his to Tulsa. Memorial contributions may from the OU College of Law in J.D. from the University of Texas be made to St. Clements of Rome or 1975. He practiced as an attorney School of Law in 1969 before the ALS Foundation Association. in Norman for the rest of his life. moving to Washington, D.C., to work for the Interstate Commerce homas E. Kemp Jr. of Norman arda Teal Pemberton of Commission. He then moved to Tdied Mar. 27, 2019. He was born MArdmore died Sept. 26, 2019. Kansas City to work as counsel Mar. 27, 1960, in Ada. Mr. Kemp She was born Dec. 30, 1963, in for Yellow Freight Trucking. In received his bachelor’s degree in Tulsa. Ms. Pemberton graduated 1978, Mr. Schneider relocated to accounting from OU before becom- from Nathan High School in 1982 Oklahoma City. He served as ing a CPA. He received his J.D. from and received her J.D. from the OU president of the Transportation the OCU School of Law in 1985 and College of Law in 2000. She spent Lawyers Association during then obtained a Master’s of Law the last 30 years of her life living in his career. Memorial contribu- in Tax from Southern Methodist Ardmore and working for the Noble tions may be made to the Jewish University. He worked in private Research Institute. Memorial contri- Federation of Oklahoma City. practice in Norman until 1997 butions may be made to Sam’s Place: when he became general counsel A New Beginning for Deaf Orphans rthur Lee Woodall of of the Oklahoma Tax Commission. in Kenya at www.samsplacekenya. ANorman died Jan. 21. He was In 2001, Mr. Kemp was appointed org or the Church of Christ African born Nov. 14, 1940, in Norman. Mr. commissioner of the Oklahoma Missions at 3309 South 11th Street, Woodall graduated from Norman Tax Commission by Gov. Frank Abilene, Texas 79605. High in 1958 before attending Keating. He was reappointed in OU. He received his J.D. from the 2007 by Gov. Brad Henry and urner Primrose of Norman OCU School of Law in 1971. While again in 2013 by Gov. Mary Fallin. Tdied Apr. 22, 2018. He was born in law school, he worked at the He served in that role until his Oct. 16, 1932. Mr. Primrose received Oklahoma County Courthouse death. Memorial contributions his J.D. from the OU College of in the court clerks office. His first may be made to the Harold Hamm Law in 1965 and was one of the job out of law school was with his Diabetes Center or the Juvenile first immigration attorneys in father’s firm. Mr. Woodall retired Diabetes Research Foundation. Oklahoma. Memorial contributions in 2009.
HOW TO PLACE AN from you. Sections, committees, Submit news items to: ANNOUNCEMENT: and county bar associations The Oklahoma Bar Journal are encouraged to submit short Laura Wolf welcomes short articles or news stories about upcoming or recent Communications Dept. items about OBA members and activities. Honors bestowed by other Oklahoma Bar Association upcoming meetings. If you are an publications (e.g., Super Lawyers, Best 405-416-7017 OBA member and you’ve moved, Lawyers, etc.) will not be accepted as [email protected] become a partner, hired an associate, announcements. (Oklahoma-based taken on a partner, received a publications are the exception.) Articles for the August issue must be promotion or an award, or given Information selected for publication received by July 1. a talk or speech with statewide or is printed at no cost, subject to national stature, we’d like to hear editing and printed as space permits.
76 | APRIL 2020 THE OKLAHOMA BAR JOURNAL 2020 ISSUES MAY OCTOBER Gender in the Law Mental Health Editor: Melissa DeLacerda Editor: C. Scott Jones [email protected] [email protected] Deadline: Jan. 1, 2020 Deadline: May 1, 2020
AUGUST NOVEMBER Children and the Law Alternative Dispute Editor: Luke Adams Resolution [email protected] Editor: Aaron Bundy Deadline: May 1, 2020 [email protected] Deadline: Aug. 1, 2020 SEPTEMBER Bar Convention DECEMBER Editor: Carol Manning Wellness Editor: Melissa DeLacerda [email protected] Deadline: Aug. 1, 2020
2021 ISSUES
JANUARY AUGUST Meet Your Bar Tax Law Association Editor: Tony Morales Editor: Carol Manning [email protected] Deadline: May 1, 2021 FEBRUARY Marijuana and the Law SEPTEMBER Editor: Virginia Henson Bar Convention [email protected] Editor: Carol Manning Deadline: Oct. 1, 2020 OCTOBER MARCH DUI Probate Editor: Aaron Bundy Editor: Patricia Flanagan [email protected] patriciaaflanaganlaw Deadline: May 1, 2021 [email protected] Deadline: Oct. 1, 2020 NOVEMBER Elder Law APRIL Editor: Luke Adams Law Day [email protected] Editor: Carol Manning Deadline: Aug. 1, 2021
MAY DECEMBER Personal Injury Labor & Employment Editor: Cassandra Coats Editor: Roy Tucker 2020 EDITORIAL CALENDAR 2020 EDITORIAL cassandracoats@leecoats. RTucker@muskogeeonline. com org Deadline: Jan. 1, 2021 Deadline: Aug. 1, 2021
If you would like to write an article on these topics, contact the editor.
THE OKLAHOMA BAR JOURNAL APRIL 2020 | 77 Classified Ads
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78 | APRIL 2020 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE
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THE OKLAHOMA BAR JOURNAL APRIL 2020 | 79 The Back Page A Victory for the Rule of Law By Bob Burke
N EVIL ACT STAGGERED Numbers from the axle of the Another federal jury found Nichols AOklahoma City and the nation Ryder truck traced its rental to guilty, and he was sentenced to life on the morning of April 19, 1995, Kansas. The fortuitous stop of in prison. The federal convictions when a bomb destroyed the Murrah Timothy McVeigh along Interstate only involved the deaths of federal Federal Building. Twenty-five years Highway 35 for displaying no agents in the Murrah Building. later, we pause to honor the 168 license plate on his vehicle resulted However, there remained the ques- men, women and children who per- in his detention. Soon, the FBI tied tion of the state prosecution for ished and the hundreds who were the crime to McVeigh and his Army the murders of 160 victims and injured in the vile and senseless act. friend, Terry Nichols. McVeigh’s an unborn child. We also reflect upon the inves- rights were unquestionably pro- Judge Steven Taylor presided tigation, prosecution and pun- tected in his federal court trial. over the state court trial of Nichols ishment of those responsible for Hundreds of pieces of competent with meticulous regard to protec- the crime. That orderly process evidence were introduced to show tion of the rights of the accused. was a victory for the rule of law how two former soldiers, angry at After months of testimony in under which all are held equally their government, carried out the the trial in McAlester, Nichols accountable to publicly promul- heinous act. The evidence traced the was found guilty of 161 counts of gated laws. Within minutes of the travels of McVeigh and Nichols as first-degree murder and sentenced bombing, the FBI took the lead in they gathered fertilizer and racing to life in prison. what became the largest criminal fuel from which to manufacture the Observance of the orderly investigation in history. With strict deadly truck bomb. rule of law resulted in a new law adherence to the constitutional McVeigh was convicted and passed by Congress. Before, only rights of suspects and witnesses, sentenced to death, and he was an assault on a “federal officer” the FBI began processing evidence. later executed by lethal injection. could be prosecuted under fed- eral law. Now, “Whoever kills or attempts to kill any officer or employee of the United States government,” can be indicted and tried in federal court. It was a pos- itive addendum to a tragic chapter in American history. The pain of the loss of human life from the bombing is still real, but the rule of law prevailed. As former Oklahoma Gov. Frank Keating said, “We found those responsible, gave them a fair trial, and they paid.”
Mr. Burke, an author and attorney, practices in Oklahoma City.
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