Family Law Editor: Leslie Taylor Pg

Volume 86 u No. 27 u Oct. 17, 2015

ALSO INSIDE

Annual Meeting • Lambird Spotlight Award Winners New Attorneys Sworn In • Section Committee to Offer Community Service HEALTH LAW SECTION: Representing Vulnerable Populations:

PROGRAM: OCT. 21, 2015 NOON - 1 P.M. Oct. 21 – Health Section Law: Representing Vulnerable Popula- The Elderly and Their Families tions: The Elderly and Their Families with Mary R. Daniel (1/0) Program Presenter Oct. 28 – Health Section Law: Representing Vulnerable Popula- Mary R. Daniel, Legal Counsel, Integris Health tions: Behavioral Health Patients and Their Families (2/0)

Moderator: Mary Holloway Richard, JD, MPH, Phillips Murrah PC, OCT. 28, 2015 NOON - 2 P.M. Oklahoma City Behavioral Health Patients and Their Families Panel Participants: Judge Don Andrews, Oklahoma County District Judge, Oklahoma Program Presenters City Mary Richard, JD, MPH of Counsel, Phillips Murrah P.C. Dewayne Moore, JD, General Counsel, Oklahoma Department of Mental Health and Substance Abuse Services Oklahoma City CLE CREDIT: This bundle has been approved by the Oklahoma Bar Dr. Britta Ostermeyer, MD, MBA, FAPA, Professor and Chair, Association Mandatory Continuing Legal Education Commission for 3 hours Department of Psychiatry & Behavioral Sciences, University of of mandatory CLE Credit, including 0 hours of ethics. Oklahoma, Oklahoma City Questions? Call (405) 416-7029.

TUITION: Bundle both for $125 or $100 for the 2-hour and $50 for 1. No discounts. Register online at: www.okbar.org/members/cle

CANCELLATION POLICY: Cancellations, discounts, refunds, or transfers are not available.

2010 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Theme: Family Law Editor: Leslie Taylor pg. 2046 contents Annual Meeting Oct. 17, 2015 • Vol. 86 • No. 27 De partments 2012 From the President 2077 Editorial Calendar 2085 From the Executive Director 2087 Law Practice Tips 2090 OBA Board of Governors Actions 2093 Oklahoma Bar Foundation News 2096 Young Lawyers Division 2102 For Your Information 2104 Bench and Bar Briefs 2106 In Memoriam 2108 What’s Online 2112 The Back Page pg. 2080 Features New Lawyers Admitted to 2015 The New Guardian Ad Litem and Court the Bar Expert Requirements By Michelle K. Smith 2019 Three Critical Preps for a Successful Family Mediation Plus By Kevyn Mattax 2046 Annual Meeting 2023 Three Ways to Help Your Family Law 2076 Master Lawyers Section: New Clients Prepare for Their Court Debut Community Contribution By Michelle C. Harrington Committee to Offer Service 2029 An Introduction to the Guardianship By Barbara A. Sears Process By Joshua A. Edwards 2078 Five Honored with Mona Salyer Lambird Spotlight Awards 2035 Advice for the Oklahoma Family Law Practitioner 2080 New Lawyers Take Oath By A. Diane Hammons 2083 Committee Sign-Up Form 2041 Production of Confidential Records: A Practical Guide for the Practitioner 2084 Changes Proposed to RGDP: By Megan L. Simpson Member Comments Requested

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2011 FROM THE PRESIDENT The Challenging Future of the Legal Profession By David Poarch

To even the casual observer it is apparent that ours is a routine services more cost-effectively. The profession in transition moved by a variety of factors. As Yogi Berra so real competition for the solo practitioner, aptly put it, “The future ain’t what it used to be.” The rising costs of legal who survived on real estate transactions education, the undeniable effect of continually changing technology, the and family estate work, is now LegalZoom 1 growing presence of unregulated alternative and other one-stop, online, DIY services.” providers, the evolving expectations of clients We all know this, of course, and the irrefutable demographics signaling but the most important ques- the impending exit of lawyers from the prac- In the next tion to be addressed here is the tice are all factors contributing to the future role we, as Oklahoma lawyers, difficulties confronting the legal profession as 10 years, the have to play in protecting the we know it — not only in Oklahoma but public, not ourselves, from the across the nation. But the real question is how baby boomers potential harm brought about we, as a bar association, will confront these by the borderless, unregulated challenges. will mostly age delivery of legal services. These A 2013 ABA study by its Task Force on services are here, and they are Legal Education found that law schools are out, leave the not going away. So what is to be operating in a difficult climate, characterized practice and done? by rising costs, strained endowments, reduced In the past 10 years the num- governmental assistance, disaffected students step down from ber of lawyers practicing law and declining applications. The study found in Oklahoma rose by about the average law school debt in 2011-2012 was the bench. 14.5 percent. However, cur- $100,000 while the median income in a declin- rently almost 60 percent of our ing job market was $60,000. In other words, membership is over the age of the median salary could not service the aver- 50. In the next 10 years, the baby boomers age debt. I submit that there has been no material change since the study (those who went to law school in the was conducted. Nor would any law school dean tell you that Oklahoma 1970s and ’80s) will mostly age out, leave has been immune from this phenomenon. It’s something we need to the practice and step down from the think about. bench. So what will be the effect on the When I started practicing law in 1977, there delivery of legal services then? More for were no fax machines, cell phones or computers. us to contemplate. There was no OSCN.net, e-discovery or case I am confident that we can meet these management software. And the people who cre- challenges to the future of the legal profes- ated Facebook, Twitter and LinkedIn were not sion by engaging with others and becom- yet born. The list goes on, but the effect of tech- ing part of the conversation. Sitting on the nology on the practice of law is inescapable, and sidelines and waiting for someone else to it is changing at an even more rapid pace than act on our behalf will yield results we will before. Where is it going? I challenge you to likely regret. When is the last time you subscribe to OBA Management Assistant Direc- heard someone other than a lawyer speak tor Jim Calloway’s blog at jimcalloway.typepad. on behalf of the third coequal branch of com, where you will be both enlightened and government? As in all of life, if we expect even frightened on occasion. He offers much to to be heard, we have to find our place at think about and consider. the table — and then speak up. I challenge “Today’s lawyers face daunting challenges you to become part of this conversation. President Poarch with the advent of new technologies resulting in 1. “The Rise of the Laptop Lawyer? Senior Mem- practices in Norman. increased access to information, standardization bers, Lonely Bowlers, and A Way Forward,” by Ste- [email protected] of services and pressure from clients to deliver phen P. Gallagher, ABA Bar Leader, Vol. 39, No. 2, 405-329-6600 Nov.-Dec. 2014.

2012 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2015 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, Board of Editors or Volume 86 u No. 27 u Oct. 17, 2015 staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or JOURNAL STAFF BOARD OF EDITORS implied by publication. Advertisers are solely responsible for the content of their ads, and JOHN MORRIS WILLIAMS, MELISSA DELACERDA, the OBA reserves the right to edit or reject Editor-in-Chief Stillwater, Chair any advertising copy for any reason. [email protected] LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of CAROL A. MANNING, Editor DIETMAR K. CAUDLE, Lawton Editors. Information about submissions can [email protected] be found at www.okbar.org. RENÉE DEMOSS, Tulsa LORI RASMUSSEN, AMANDA GRANT, Spiro BAR Center Staff Assistant Editor John Morris Williams, Executive Director; [email protected] ERIN MEANS, Moore Gina L. Hendryx, General Counsel; Joe Balkenbush, Ethics Counsel; Jim Calloway, EMILY BUCHANAN, SHANNON L. PRESCOTT, Director of Management Assistance Program; Advertising Manager Okmulgee Craig D. Combs, Director of Administration; [email protected] MARK RAMSEY, Claremore Susan Damron Krug, Director of Educational Programs; Beverly Petry Lewis, Administrator MACKENZIE MCDANIEL, LESLIE TAYLOR, Ada MCLE Commission; Carol A. Manning, Director Communications Specialist of Communications; Robbin Watson, Director [email protected] JUDGE ALLEN J. WELCH, of Information Technology; Jane McConnell, Oklahoma City Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, OFFICERS & Debbie Maddox, Katherine Ogden, Steve Sullins, Assistant General Counsels BOARD OF GOVERNORS Manni Arzola, Gary Berger, Debbie Brink, DAVID A. POARCH JR., President, Norman; Laura Brown, Emily Buchanan, Tanner GLENN A. DEVOLL, Vice President, Okla- Condley, Nickie Day, Ben Douglas, homa City; GARVIN ISAACS JR., President-Elect, Oklahoma Dieadra Florence, Johnny Marie Floyd, City; RENÉE DEMOSS, Immediate Past President, Tulsa; Matt Gayle, Marley Harris, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, ROBERT D. GIFFORD II, Oklahoma City; JAMES R. GOTWALS, Durrel Lattimore, Mackenzie McDaniel, Tulsa; JAMES R. HICKS, Tulsa; DOUGLAS L. JACKSON, Enid; Renee Montgomery, Sharon Orth, Lori JOHN W. KINSLOW, Lawton; RICKEY J. KNIGHTON II, Rasmussen, Wanda F. Reece, Tracy Sanders, Norman; JAMES R. MARSHALL, Shawnee; SONJA R. PORTER, Mark Schneidewent, Jan Thompson, Oklahoma City; KEVIN T. SAIN, Idabel; RICHARD STEVENS, Krystal Willis & Roberta Yarbrough Norman; ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Oklahoma Bar Association 405-416-7000 Miami; LEANNE MCGILL, Edmond, Chairperson, OBA Young Toll Free 800-522-8065 Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in Law-related Education 405-416-7005 June and July by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Mgmt. Assistance Program 405-416-7008 paid at Oklahoma City, Okla. Mandatory CLE 405-416-7009 OBJ & Communications 405-416-7004 Subscriptions $60 per year except for law students registered with Board of Bar Examiners 405-416-7075 the OBA and senior members who may subscribe for $25; all active members included in dues. Single copies: $3 Oklahoma Bar Foundation 405-416-7070 Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2013 2014 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Family LAW

The New Guardian Ad Litem and Court Expert Requirements What to Know About Them and How to Meet Them By Michelle K. Smith t is not uncommon for judges to appoint guardians ad litem and other experts to assist the court in determining the best interests of children involved in family law matters. Title 43 I 1 O.S. §120.7 addresses the qualifications and neutrality of any such expert. A recent amendment to this statute adds a domestic violence training requirement for court-appointed experts in certain circumstances. This amendment goes into effect on Nov. 1, 2015. The purpose of this article is to assist family law practitioners who serve in this capacity to meet the new requirements.

WHAT IS A COURT EXPERT AND THE In any case involving domestic violence, NEW TRAINING REQUIREMENT? stalking or harassment as defined by para- The current statute defines a “court expert” graph 2 of subsection I of Section 109 of this shall as a parenting coordinator, guardian ad litem, title, the court expert have completed custody evaluator or any other person appoint- sixteen (16) hours of domestic violence trained by the court in a custody or visitation pro- ing that includes, but is not limited to, infor- ceeding involving children. Before being mation regarding the danger and lethality of appointed, the expert must disclose any rela- domestic violence, the causes and dynamics tionships with any party, attorney or judge. of domestic violence, the impact of domestic violence upon victims and children, and the The expert must also provide a résumé disclos- 2 ing all personal and professional qualifications characteristics of a batterer as a parent. [em- as well as any suspensions, reprimands and phasis added] similar grievances. The statute also provides Domestic violence, stalking and harassment the method for a party to object to a court- are defined by 43 O.S. §109(2)(a-c) as follows: appointed expert. a. “domestic violence” means the threat of On Nov. 1, 2015 the amended statute goes the infliction of physical injury, any act of into effect. It retains the original language and physical harm or the creation of a reason- adds a requirement for domestic violence train- able fear thereof, or the intentional inflic- ing in certain circumstances. The additional tion of emotional distress by a parent or a language is: present or former member of the household of the child, against the child or

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2015 another member of the household, includ- ciary may attend free if they preregister. The ing coercive control by a parent involving Oklahoma City seminar will be available in physical, sexual, psychological, emotional, person and as a live webcast. The webcast economic or financial abuse, replay will also be available for viewing around mid-November. Additional information may b. “stalking” means the willful course of be found at www.okbar.org or by contacting conduct by a parent who repeatedly fol- the OBA CLE Department at 405-416-7029. lows or harasses another person as defined in Section 1173 of Title 21 of the Oklahoma The Oklahoma Department of Mental Health Statutes, and and Substance Abuse Services offers an online course that will satisfy three hours of the c. “harassment” means a knowing and 16-hour requirement. The course is titled willful course or pattern of conduct by a “Domestic Violence Through a Trauma In- parent directed at another parent which formed Lens.” This course is available now. seriously alarms or is a nuisance to the per- This is a three-part course that can be com- son, and which serves no legitimate pur- pleted on your computer and each part takes pose including, but not lim- approximately one hour. At the ited to, harassing or obscene end of the course you will receive telephone calls or conduct a certificate of completion. that would cause a reason- (Please note this course has not able person to have a fear of been approved for MCLE by the death or bodily injury.3 If the family OBA.) For more information MEETING THE DOMESTIC about the course you can call VIOLENCE TRAINING law matter does not ODMHSAS at 405-522-0318. REQUIREMENT involve domestic EFFECT OF NEW Oklahoma City attorney Gail violence, the AMENDMENT Stricklin, a longtime proponent Under the plain language of of domestic violence awareness court-appointed the amended statute, if a particu- and training, was key in the pas- lar family law matter concerning sage of both versions of 43 O.S. expert is not custody and/or visitation of chil- §120.7. Stricklin states the required to have dren involves domestic violence, domestic violence training is a stalking or harassment (referred to one-time requirement which can the additional hereafter collectively as domestic be met in a variety of ways . violence) as defined above, a court including webinars, seminars, training appointed expert must have the continuing education and inter- requisite 16 hours of domestic vio- disciplinary training. The re- lence training. quired training does not have to be legal training, but it should be training from If the family law matter does not involve recognized providers with domestic violence domestic violence, the court-appointed expert expertise, such as the Oklahoma Bar Associa- is not required to have the additional training. tion, Oklahoma Department of Health, Okla- If domestic violence occurs after an appoint- homa Department of Mental Health and Sub- ment, the expert could be removed if he or she stance Abuse Services, Oklahoma Attorney has not completed the required training. To General’s Office and Oklahoma Legal Aid. avoid this situation, it would be prudent for court-appointed experts to have already com- The OBA is offering a two-day CLE that pleted the training even in cases where domes- could meet the 16-hour requirement. It is titled tic violence is not alleged at the time of appoint- “What Every Court Expert Must Know About ment. Domestic Violence, Stalking and Harassment.” The CLE will be held on Oct. 29 in Tulsa and WHY WAS 43 O.S. 120.7 AMENDED? Oct. 30 in Oklahoma City and via live webcast. Ms. Stricklin said the purpose of the amend- Each day is worth eight hours of CLE credit. ment is to provide the court with qualified The 16-hour requirement will be satisfied if expert advice on which to make safe decisions both days are attended. Discounted rates are regarding children. available for certain pro bono attorneys and public defender guardians ad litem. The judi-

2016 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Oklahoma has high levels of domestic vio- • What happens to experts who were lence, and children are often exposed to and/ appointed prior to Nov. 1, 2015, in cases or victims of domestic violence. A 2015 report where domestic violence is an issue? by the Oklahoma Domestic Violence Fatality • Can an attorney use prior domestic vio- Board noted that for the years 2013 and 2014, lence training to meet the current require- Oklahoma ranked third in the nation for the ment? number of women killed by men as a result of domestic violence.4 There were 100 domestic CONCLUSION violence-related homicides in Oklahoma in Oklahoma was ranked third in the nation in 2013 which included 12 victims under the age 2013 and 2014 for the number of women killed of five.5 by men as a result of domestic violence. Twelve A study by Appel and Holden (1998) found a children under the age of five were killed in 41 percent co-occurrence between child abuse Oklahoma due to domestic violence in 2013. and domestic violence.6 Some studies show Hopefully implementation of the amended stat- that domestic violence may be the single major ute will contribute reducing those sad statistics. precursor to child abuse and neglect fatalities. 1. 43 Okla. Stat. Ann. 120.7, superseded Nov. 1, 2015. Under Oklahoma law there is a rebuttable 2. 43 Okla. Stat. Ann. 120.7(D), effective Nov. 1, 2015. 3. 43 O.S. §109(2)(a-c), effective Nov. 1, 2015. presumption that it is not in the best interest of 4. Steyn, Jacqueline, “A Report of the Oklahoma Domestic Violence a child for a parent against whom domestic vio- Fatality Review Board 2014,” Office of the Oklahoma Attorney Gener- lence, stalking or harassing behavior has been al, Aug. 27, 2015, www.ok.gov/oag. 5. Id. established to have custody or unsupervised 6. Herrenkohl, T. I., C. Sousa, E. A. Tajima, R. C. Herrenkohl, and visitation.7 Court-appointed experts would be C. A. Moylan, “Intersection of Child Abuse and Children’s Exposure to Domestic Violence,” Trauma, Violence, & Abuse 9.2 (2008): 84-99, Web. better equipped to recognize the sometimes 7. 43 Okla. Ann. Stat. 109.3. subtle signs of domestic violence if they have received additional training in domestic violence. This enhanced knowledge could result in About The Author greater safeguards for children and the protective parent who are going through custody and Michelle K. Smith is a solo visitation litigation. practitioner in Oklahoma City UNANSWERED QUESTIONS who limits her practice to family law. She graduated magna cum As is often the case with new laws, there are laude from the OCU School of still some unanswered questions, including the Law in 2007. Ms. Smith cur- following: rently chairs the OBA Family • Who determines what qualifies as domes- Law Section after serving as the tic violence training? section’s chair-elect and CLE chair in 2014.

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Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2017 2018 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Family LAW

Three Critical Preps for a Successful Family Mediation By Kevyn Mattax

s Henry Ford once said, “Don’t find fault. Find a remedy.” To that end, mediation is slowly becoming a requirement Ain family law cases in Oklahoma state courts. Many family law judges are now making it mandatory before you can obtain a trial date for your client’s contested matter. Thus, family law practitioners should be proficient in mediation for the sake of their clients. This article addresses how practitioners can successfully prepare their case and their client for mediation.

I have mediated hundreds, if not thousands of mediation, it might be tempting to just show of domestic matters and just as attorneys have up with the file, grab a cup of coffee, sit back their own quirks and qualities, every mediator and let the mediator “do her magic.” The better has his or her own unique style. Every case that course of action is to have the matter fully goes to mediation has complex components — prepped, organized and ready to present — the parties, the attorneys, the issues and the just as if the lawyer were headed to pretrial. history. How successful a family mediation can After all, the goal is for the client to leave be obviously depends in large part on the pre- mediation with a full resolution and the satis- paredness of everyone involved, including the faction of time (and money) well spent and the mediator. Surprisingly enough, many times I closure that comes with resolve. have experienced less-than-prepared attorneys If the lawyer plans to seek joint custody on on the day of mediation. Clearly, if the attorney behalf of the client, draft an outline of the pro- is not prepared, he or she likely did not take posed joint custody plan. If the lawyer seeks the time to prepare the client or their mediator. support alimony for a party, he or she should Basically, the preparation boils down to three bring their detailed proposed budget and the key ingredients: 1) prep of the case, 2) prep of supporting documentation. If there are exhibits the client and 3) prep of the mediator. that would assist a mediator in discussing the case with the other party, the lawyer should PREP THE CASE prepare those and have enough copies for use Before even booking the time with the medi- during mediation. ator, it would be best to have THE case fully In an ideal situation, the lawyer might even prepped. First and foremost, this will help already have the draft of a proposed decree of determine the length of mediation necessary dissolution or order of modification, ready to for successful resolution. On the scheduled day edit based upon the outcome. It seems like

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2019 4) Were they court ordered to attend or did Mediation empowers the they volunteer? 5) What are the issues/subjects to be clients. They have the unique addressed that day? opportunity to decide for 6) What are the benefits of going to themselves how they want to mediation? 7) Where will the mediation be held? resolve their conflict. 8.) Are third parties allowed to attend? 9) What is the mediator like? common sense but some attorneys come to mediation with the file and their client and 10) Will they be in the same room with their absolutely no previous work or preparation. opponent or in a separate room? A “rock star” attorney comes to mediation 11) What are the facilities like? ready to hit the ground running. He or she may 12) Should they bring food/refreshments or have their laptop with them with drafts of pro- does the mediator provide them? posed orders, or, maybe they emailed them to the mediator in advance to make any edits at the 13) How long should they plan on being at end of the day if agreement is reached. Leaving the mediator’s office? mediation with a signed decree of dissolution or 14) What does the mediation cost? agreed order of modification is the sign of ultimate success for everyone involved. Judges love 15) Who is paying for it? it when this happens as well. 16) Does the mediator take cash? Credit PREP THE CLIENT cards? Checks? The client needs to know what to expect the 17) Are there any time constraints on the day of mediation and the attorney must invest day scheduled for mediation? the time in the case to discuss this prior to mediation. The client and lawyer have a trust 18) Do they have someone to pick up their relationship and the ever important rapport that children if the mediation goes into the develops between an attorney and his client. evening hours? Without a properly prepared client, the media- 19) What compromises might they be tor, who likely has no rapport with the client, willing to make? starts the day swimming an upstream battle and having to deal with the understandable resis- 20) What is the most important bottom line tance that is present when dealing with height- for them? ened emotions and difficult issues. The information that a party needs in order Mediation empowers the clients. They have to feel comfortable and secure about mediation the unique opportunity to decide for them- is important to them and critical to the success selves how they want to resolve their conflict. of the mediation. The lawyer could also direct They can even potentially avoid a trial (or a the party to the website of the mediator to gar- showdown if you prefer) with their former ner important basic information. Some media- loved one. In mediation, they are the decision tors will even answer questions in advance so maker. Help your client to feel empowered. long as the attorneys agree it is acceptable. I Prepare them! have even allowed parties to come to my office for an advance walk through so that they will Before you show up at mediation, at a mini- not be anxious on the actual day of mediation. mum, your client should know: Think about how unnerved clients are when 1) What is mediation? they have to go to the courthouse and deal with all of the unknowns. They feel the same 2) What mediation is not? way about going to the mediator’s office. 3) Why they are going to mediation in the Counsel should do what he or she can to make first place. them feel confident and comfortable about the

2020 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 process in advance for a far better chance of hundreds on behalf of my clients. My dream reaching resolution for them. mediation looks like this — both attorneys have contacted me in advance and have pro- PREP THE MEDIATOR vided me with all of the necessary information Counsel should provide the mediator with on behalf of their clients. They have directed the most basic information: the style of the their clients to look at my website and have case, the assigned judge, the pretrial and trial answered all of their client’s questions in dates, names of all of the attorneys who will advance. On the day of mediation, the attor- attend, the full names of the parties and their neys and their clients show up on time, alert, children (if applicable), whether or not third prepared and ready to go. They have their file, parties are planning on attending (my policy their laptops (not required at all, but nice) and does not allow third parties without advance they log into my free Wi-Fi. We work with their approval by everyone) and who is paying for spreadsheets (if we are doing property divi- the mediation costs. Also, will a guardian ad sion, etc.), their plan for joint custody or bud- litem be attending or available by phone? gets for support alimony and they have pro- Finally, the mediator should know all issues in posals to make. advance and whether or not any settlement They and their clients know their bottom line discussions have been had as well as any stipu- and priorities and the client has been prepared lations or if the parties are willing to enter into to negotiate and to make necessary compro- partial agreements if they cannot reach a uni- mises and concessions if need be in order to get versal settlement. what they want. At the end of the day, every- On the actual day of mediation, the mediator one leaves with a signed court order or medi- will explain her role and the process to the par- ated agreement and their clients begin to move ties. Counsel needs to tell the mediator in past the conflict that brought them to my office advance if they prefer to caucus all day or to to begin with. The lawyer is then able to close keep the parties together in the same room. the file soon and move on to another matter, Sometimes it’s a blend of both. knowing that their client has the closure and satisfaction of an outcome they were intimately Additionally, prior to the mediation date, involved with every step of the way. counsel should provide the mediator with a memorandum of the matter to be mediated and the client’s position. If there are important About The Author or complicated exhibits, I want those in advance. Most mediators will review the infor- Kevyn Gray Mattax is an mation in advance. Unfortunately, when an attorney and certified mediator attorney shows up without having previously who helps people resolve con- provided these basic items, the mediation begins flicts in ongoing domestic cases. with time-consuming gathering of information, She now spends the majority of which costs the client more money. Clients her time in mediation, whether deserve to begin mediation with conflict resolu- as the mediator or as counsel for tion instead of preparation. a party in a family matter. She THE ‘DREAM’ MEDIATION has attended world class training in all aspects of mediation. I have conducted hundreds of mediations and as a family law attorney have attended

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2021 2022 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Family LAW Three Ways to Help Your Family Law Clients Prepare for Their Court Debut By Michelle C. Harrington e all try to prepare our client for the big day in court, but it’s easy to miss a detail that may matter. You know — Wthings like how they should leave their Skoal at home. Or not bring the new person they are dating to the temporary order hearing. Well, let me help you out with that. I have put together three letters for clients that address appearance, behavior and testimony on court day. You are free to tweak them, make additions or simply tear out the pages and mail directly to those you represent — client trial prep just got easier!

LETTER #1: HOW TO GET THE JUDGE TO doing so — this will serve the dual pur- NOTICE YOU pose of putting the judge in his place with Dear Client, an initial show of disrespect as well as allow all to admire your hat-hair-look for You have probably been given many tips by the rest of the proceeding. friends and family members who are experts in Display your righteousness. divorce about how to behave in court. You may 2) Enter the have been told to do things like keep your cool, courtroom with a (large) Bible tucked let your attorney do the talking unless you are under your arm, wear a military uniform asked a question and dress conservatively. or clip on law enforcement emblems so Really? How is that mundane behavior going the judge can tell immediately which one to get the judge to notice you? And if she of the parties is the good one. [Note: if doesn’t notice you, however will she know that you opt for a bedazzled “Jesus Loves you are the righteous one and that your spouse Judges” T-shirt, you may skip the hat sug- is not to be believed on any given subject? Fol- gestion in number one.] lowing are sure-fire ways to get yourself 3) Express your individuality. This is very noticed by the judge. helpful if righteous-wear isn’t available. 1) Wear a hat. If you’re female, make sure it Wear distinctive make-up (think street- has moving parts to keep the judge’s eye walker here) and prominently display on you — a feather or something that tattoos. Show as many body piercings as sparkles. Don’t worry about not being is legally possible in a public forum. taken seriously; it’s about being seen. If Now’s a great time to let the world know you’re male, make sure you wait until about your tongue stud. In spite of your you are invited to remove your hat before garbled speech and the fact that the judge

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2023 is distracted by pondering how you can 10) Magnify the drama. Surprised? Gasp talk at all with that in your mouth, you loudly. Upset? Sob noisily (don’t worry will impress more than just the judge about real tears, this is all about emoting). with your creative expression. Angry? Slam a fist on the table. Don’t like the result? Stomp out of the courtroom 4) One word: cleavage. The more you show, letting the doors slam behind you. [Note: the clearer you can get your message if the doors are the type that swing closed across to the judge that you know darn quietly, you may need to kick something well they don’t pay attention to the law on the way out to get the same audio when they make their decisions. And this effect.] isn’t just for women. Man-cleavage will not only get you noticed, it will get your You now have all the tools you need to have image burned into the brain of more than your family law judge remember your colorful one court attendee long after the proceed- self. Using any of these tools assists the judge ing is over. in making their final decision. When it comes time for the judge to decide which parent 5) Assist the judge in recognizing when should have primary custody or which party is the other side is being an idiot. Accom- more credible in their presentation of the facts, plish this by rolling your eyes, sighing you have made it easy for the judge to choose loudly and shaking your head vigorously between you and the predictable stability and as necessary. If the judge misses these mundane respectfulness of the other side. subtle clues, try a loud snort during the other side’s testimony. See you sparkling in court! Your Favorite Lawyer 6) Interrupt the judge while he’s speaking. LETTER #2: COURT DAY BEHAVIOR While the tips in number 5 can also be used if you disagree with the judge, a more Dear Client, effective option would be to actually inter- I am writing to give you some advice about rupt. This will show that you aren’t afraid how you should behave at the courthouse to take charge or assert yourself whether or while your case is going on. Notice I said not it makes sense to do so. “courthouse” and not “courtroom.” That’s 7) Keep the focus on yourself when it is not because most of us know what’s expected of us your turn to speak. Tapping a pen against in a courtroom: hats off, gum out, manners on. a notebook, loudly drumming your fin- We address the judge as “Your Honor” and are gernails, cleaning out your purse or wal- respectful to the other side — at least when the let might be just the little clue the judge judge is actually in the room. needs to realize how boring the other What too many parties don’t realize when side’s story is. they enter a courthouse is the courtroom is not 8) Prove that you are a free-thinker not the only place they are being judged. constrained by rules and regs. Pull out So assume you are being videotaped and your mobile phone and start texting. audiotaped at all times. If you don’t want it Want to get some real attention? Actually seen in court, don’t do it. If you don’t want it make a call, hold up a finger to the judge heard by the judge, don’t say it. Whether or not while murmuring importantly: “I have to you are literally being taped, you never know take this.” who is watching and/or listening. 9) Demonstrate that you have more on the Emotions run very high in family court. ball than the other side’s attorney. If he is People are angry, hurt, resentful, scared, ner- asking you questions on cross examina- vous, confused, uncomfortable, sad and all tion, be evasive — make him work for those other things that arise when the fate of every response. Shoot some questions children, property and one’s future are at back at him: “Where do you live?” and stake. Most of us rein in all the conflicting emo- “Why do you think I would say that?” tions in the courtroom and try to present a This technique can be employed directly calm, respectful demeanor in hopes of demon- with the judge if she is nosy enough to strating our credibility. The effort can be stress- ask you her own questions. ful and draining, and the temptation to just let

2024 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 loose as soon as you step out of courtroom that proved helpful the courtroom doors can be Venting about to my client’s case. overwhelming. Giving in to that Lasting Impressions temptation could cost you your the judge is a great case. way to get their It doesn’t matter if the names you call your ex or soon-to-be- Just because you don’t recog- ex are accurate. It doesn’t matter nize anybody around you in the attention! if you are the wronged party courthouse doesn’t mean some- and everyone you know thinks body doesn’t recognize you. Just your anger and behavior is righ- because you can’t hear what others are saying, teous. The people who see you in the court- doesn’t mean you can’t be heard. And just house generally don’t know you, your family because you can’t see anybody, doesn’t mean history and your specific circumstances. They you can’t be seen. only know what they see and hear. If what they Why It Matters see is you lambasting the other party in the hallway or conference room, that is what they You may be wondering why on earth you will base their impression on. If what they hear should care what others see and hear — they is you spewing hateful remarks about your should be minding their own business, right? opponent to your attorney or supporters, that’s First of all since you don’t know who they are, what they’ll base their impression on. you don’t know whether or not any aspect of your case is their business. Secondly, even if Whether your venting takes place in the they should be minding their own business courtroom when the judge is not present, in the doesn’t mean they will. hallway, in a public area, or even in the rest- room, assume your conversation and/or your In the two decades plus that I’ve been hang- behavior is not private. ing out at courthouses across the state, I’ve heard more stories than I can count about what Body Talk a judge’s clerk, bailiff or reporter saw or heard Don’t exhibit negative body language in the that got shared with the judge — either delib- courtroom. Things like rolling your eyes and erately or inadvertently. (Venting about the shaking your head vigorously while another is judge is a great way to get their attention!) I’ve talking won’t serve you well. But what often heard accounts of judges who are in the hall- isn’t discussed is what body language can con- way or a public part of the courthouse witness- vey to observers outside of the courtroom. ing bad behavior from parties during a break, Talking to your ex or one of their witnesses before proceedings and after proceedings. while standing too close or hovering over them Should they take such things into account can be construed as threatening even if the while making their decisions? How can they words spoken are benign. Displays of arro- not? Much of what a family law judge hears gance or gloating intended for your ex may not during testimony falls under the he-said/she- go unnoticed by observers. Hostile looks or said category — because there’s often not addi- gestures could result in courthouse law enforce- tional evidence regarding personal conversa- ment interference or escort for your ex — tions during a marriage. So credibility of a something the judge is likely to find out about. party is a crucial factor when a judge has to decide which version of an event is more Judge the One You’re With believable. Your family and friends are extensions of You may think you know every person your you. While they may think their trash-talking ex would have with them, but there’s always a and glowering looks toward your ex demon- chance that there is someone you wouldn’t strates their support of you, they’re not helping have a reason to know — whether a new at all. Everything stated above about who is acquaintance or the friend of a friend — so watching and listening to you also applies to don’t make assumptions. And there’s no pos- them and reflects on you. If you know that a sible way you would know who opposing family member’s hatred toward your ex is counsel might have a relationship with amongst stronger than their self-control, you may want observers. I’ve gotten more than one good tip to consider leaving them at home. from a witness who heard a disclosure made or saw behavior from my client’s ex outside of the

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2025 You should behave appropriately and ney asks you if you beat your kids. You sarcas- respectfully in the courthouse during your tically answer: “Yeah — I beat my kids every family law case because it is the right thing to day whether they need it or not.” Cute. Every- do. It will serve you well and, if you have chil- body in the room hears your sneering tone and dren, such behavior will better serve them, knows you mean the opposite. Not so for the also. If that is not enough motivation or incen- reader of the appeal or deposition transcript. In tive for you to do so, then remind yourself that black and white it appears that you have there are eyes and ears everywhere. admitted, under oath, that you beat your kids daily. Not so cute. Sincerely (hope you’ve heard me), Your Favorite Lawyer 5. Tone versus words. Don’t use a tone of voice that proclaims you’re a jerk. Does this LETTER #3 - ABOUT TESTIFYING seem obvious? During the stress of a trial, Dear Client, when it is your turn to testify and the attorney* is badgering you or twisting around your state- I am writing to give you some helpful sug- ments, it is very easy to get caught up in a gestions about your upcoming testimony so hostile moment. Very easy to respond in the that you can practice ahead of time. We have same mean-spirited tone that the attorney* is talked a lot about what you will say — how using toward you. The better response is to let you will present your case. But, just as crucial, the attorney* continue to look like a bully and are the things NOT to say during testimony. you keep your tone respectful while you dis- Here are five that I think are important: agree. Resist the temptation to be combative 1. “To tell you the truth.” Or “to be honest and use a tone that is argumentative. The judge with you.” Or “frankly.” Or any other like probably already knows that attorney* and his statement. You are expected to tell the truth, be or her regular behavior, but he doesn’t know honest, and be frank. To start a sentence out by you. Taking the high road (after a deep breath announcing you intend to do so makes one or two if necessary!) will serve you well. wonder about your other statements. With best regards and high hopes, 2. “My children.” It’s a common enough ref- Your Favorite Lawyer erence when you are speaking about your chil- *Note to reader: the references to the bullying, bad- dren to a third party. However, if you are testi- gering attorney are absolutely fictitious. I do not fying in a custody matter — especially if you personally know any such attorneys. Any resem- are seeking custody and asking that the other blance to an existing attorney is purely coincidental. parent have less physical time — it sounds dis- missive of the other parent. Better phrasing is CONCLUSION ‘our children’ or actual use of the children’s So there you have it, my dear colleagues. names. Three letters already drafted and ready to be 3. ”I allow.” As in: “I allow him to see the sent to your clients to assist them in under- children each Tuesday,” or “I let her pick up the standing how they should look, behave, and kids at 7 o’clock.” Not much red flags the fam- testify on that all-important court day. You’re ily court judge to control issues more than this welcome! type of statement. Neither parent — at least in divorce cases — has more legal right to the About The Author children or control of their comings and goings than the other until (and unless) a judge rules Michelle C. Harrington is a that one does. If one parent arbitrarily appoints solo practitioner whose practice him- or herself in charge, especially if they is restricted to family law. She wield their control like a weapon, it may very received her J.D. from OU in well leave the judge thinking the other parent 1992. Ms. Harrington has been would be the more reasonable parent to appoint an adjunct professor at OCU as primary custodian. School of Law since 1999 teach- 4. Anything sarcastic. Whether you’re testi- ing family law and related cours- fying in a deposition prior to trial or in court, es. She is the author of Oklahoma Family Law Direct your words are being recorded in writing. Sar- and Cross Examination and blogs with humor about casm doesn’t read well. For instance, the attor- how to stay married at www.shelharrington.com.

2026 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 2015 LWO December Seminar Friday, December 18th • Oklahoma Heritage Museum 1400 Classen Drive • NW corner of 13th & Shartel 8 a.m. – 4 p.m.

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LWO Members $175 • No Members $200 • Legal Staff $100 Breakfast & Lunch will be served • 6 Hours Pending CLE Credit Please contact Kellie Currie for registration: 405-264-3669 or [email protected]

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2027 2028 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Family LAW

An Introduction to the Guardianship Process By Joshua A. Edwards

nevitably an attorney who practices family law will be asked to prepare a guardianship. Though this article is not intended Ito comprehensively examine Oklahoma guardianship laws and procedures, it should offer a measure of helpful information to guide the attorney in properly establishing one. Guardianships may be broadly separated into two categories: 1) guardianships of minors1 and 2) guardianships of incapacitated or partially incapacitated adults.2 Each of these guardianships may be further divided into guardianships of the person, property or both.3 The statutes describe three classifications of guardians: a general guardian, a limited guardian and a special guardian.4 A general guardian is a guardian appointed over the person or of all of the property of the ward, or both.5 A limited guardian may be appointed in cases of a partially incapacitated ward and is given only certain powers specified by the court.6 A special guardian is a temporary guardian that may be appointed in cases of an incapacitated or partially incapacitated adult.7

PROCEDURAL OVERVIEW – ordinary comfort or intellectual and moral GUARDIANSHIP OF A MINOR development….”11 A guardianship of a minor child requires a After the basis for the guardianship has been need for a guardianship,8 which involves an determined, the next step is to determine examination of whether the best interests of the proper venue. Venue is proper in the county child are being fostered.9 The court cannot grant where the proposed ward resides or where the a guardianship in favor of a third party and proposed guardian resides if the proposed against an objecting parent absent clear and con- guardian is a family member.12 vincing evidence that the parent is affirmatively 10 The petition for guardianship of a minor unfit. The Oklahoma Supreme Court has 13 defined parental unfitness in the context of a must be verified and at least 10-days notice must be given to the parents by mail to their guardianship, stating “[U]nfitness means that 14 the parent is unable to provide for the child’s last known address. Notice must be given to a

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2029 minor child who is at least 14 years old in a Thereafter, the guardian must file an annual manner prescribed by the court.15 accounting unless specifically exempted under the statute.29 Upon filing a guardianship petition for a minor, the petitioner may request a temporary The guardian’s power over the ward termi- ex parte guardianship order that would be in nates upon the majority of the ward or the the best interest of the ward.16 The require- ward’s marriage,30 however the guardian is not ments of Title 30 should be read conjunctively entitled to be discharged by the court until one with the requirements of Title 43 regarding an year after the majority of the ward unless the emergency child custody hearing.17 If available, minor validly released the guardian after the an independent police or DHS report should final accounting.31 be provided that demonstrates the child is in PROCEDURAL OVERVIEW – surroundings that endanger his or her safety GUARDIANSHIP OF AN ADULT and that the child is likely to suffer irreparable harm.18 If a report is not available, the motion A guardianship of an adult shares many of must include a notarized affidavit from some- the same procedures as a guardianship of a one with personal knowledge minor. Venue for an adult guard- containing the same.19 Upon issu- ianship is proper in the county ance of an ex parte guardianship where the proposed ward resides order, a follow-up hearing must or where the proposed guardian be set within 20 days where resides if the proposed guardian interested parties may show is a family member.32 The require- cause why a temporary guard- The order ments of bond,33 the initial inven- ianship should not be granted.20 appointing a tory34 and the final accounting35 are likewise the same. The order appointing a guardian over a minor must make a guardian over a An adult guardianship requires finding regarding what condi- minor must make a proof by clear and convincing tions constitute parental unfit- evidence that the adult is inca- ness so that the parent may know finding regarding pacitated or partially incapaci- what steps to complete in order what conditions tated.36 An incapacitated person to terminate the guardianship.21 is defined as an adult who is The order must include condi- constitute parental impaired by reason of mental ill- tions providing for the care, ness, developmental disability, treatment, education and welfare unfitness… physical illness or disability, of the minor.22 The order appoint- drug or alcohol dependency or ing a guardian is required to other similar causes and who provide for the payment of child lacks the capacity to meet essen- support by each parent pursuant tial requirements for his physical to the child support guidelines.23 health or safety or is unable to manage his financial resources.37 A partially incapacitated Prior to the entry of an order appointing a person is defined as “an incapacitated person guardian or issuing letters of guardianship, the whose impairment is only to the extent that statute requires the posting of a guardian’s without the assistance of a limited guardian said bond in an amount not less than the intangible person is unable to a) meet the essential require- personal property of the ward;24 however, the ments for his physical health or safety, or b) court may waive bond if the anticipated annu- manage all of his financial resources or to engage al income to the ward for one year plus the in all of the activities necessary for the effective value of the personal property of the ward is management of his financial resources.”38 less than $40,000.25 The guardianship is required to be reviewed The petition for a guardianship of an adult is at least annually, and the court may require the required to be verified and must include the guardian to submit any records or reports that names and addresses of those who are entitled to notice, the nature and degree of the incapaci- the court deems necessary for the review.26 ty, the relief requested and the reasons support- An initial inventory must be filed within two ing the need for such relief, and the estimated months of the guardian’s appointment27 and value of all of the intangible personal property the inventory cannot be waived by the court.28 of the ward.39 A copy of the results of any physi-

2030 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 cal, psychological or other professional evalua- The order appointing a guardian is required tion may be attached to the petition.40 to state the determinations made by the court, the name and address of the guardian and any A special guardian may be appointed for an authority granted to the guardian to change incapacitated or partially incapacitated ward the ward’s residence outside of the county on a temporary basis and without notice when without prior permission of the court.53 If a there is imminent danger to the person’s health court determines that the ward is a partially or safety or the person’s financial resources incapacitated person and appoints a limited will be seriously damaged or dissipated with- guardian of the person, the court must make out immediate action and no other person has specific determinations regarding the capacity authority to act.41 A special guardian’s authori- of the ward including the capacity to vote, to ty is only effective until a general or limited serve as a juror, to operate a motor vehicle, to be guardian is appointed but shall not last more licensed or to continue to practice any profession than 30 days.42 of the ward and to make personal medical deci- 54 For adult guardianships, a guardianship plan sions. If the court appoints a limited guardian is required to be attached to the petition, sub- of the property, the court must make specific determinations regarding the capacity of the mitted at the time of the hearing,43 or filed ward including the capacity to appoint an agent, within two months of the guardian’s appoint- to enter into contracts, to grant conveyances and ment.44 For guardianships of the person, the to make gifts of property.55 plan should state what services are necessary to meet the essential requirements for the Guardians are entitled to reasonable com- physical health or safety, the means for obtain- pensation as determined by the court, and the ing said services and the manner in which the amount must be approved by the court prior to guardian(s) will exercise and share decision- payment.56 The reasonable attorney fees of the making authority.45 The statute requires that ward,57 of the guardian58 or of the guardian ad the plan substantially follow the form located litem59 may be paid from the guardian’s estate at Title 30, Section 3-120(B)(2) of the Oklahoma and must be approved by the court prior to 60 Statutes. For guardianships of the person, the payment. plan has similar requirements except that it CONCLUSION should state what services are necessary to manage the property of the ward. It likewise Guardianships frequently involve assisting must substantially follow the form located at vulnerable adults and children and as a result, Title 30, Section 3-122(C). provide a rewarding experience to the attorney involved. While this article is not intended to Notice of the hearing on the guardianship discuss each and every intricacy of obtaining petition must be personally served on the pro- and maintaining a guardianship, it should posed ward at least 10 days before the hearing46 offer the family law practitioner a starting and should substantially follow the form pro- point and the confidence to work toward help- vided in Title 30, Section 3-110(D). Notice to all ing those in need. other parties is provided via regular first-class 47 1. Okla. stat. tit. 30, §§101 through 2-117. mail. Notice should also be given to the 2. Id. §§3-101 through 3-126. ward’s spouse, attorney and adult children.48 If 3. Id. §1-119. 4. Id. §1-108. there are no living adult children, then notice 5. Id. §1-109(A). must be given to the ward’s living parents49 6. Id. §1-111(A)(16). 7. Id. §3-115(A). and if the ward has no living parents, to the 8. Id. §2-101(A). next nearest relative as specified by the stat- 9. In re Guardianship of H.D.B., 2001 OK CIV APP 147, ¶ 15. ute.50 Notice is also required to the person or 10. Okla. stat. tit. 43, §112.5(B-C). 11. In re Guardianship of M.R.S., 1998 OK 38, ¶ 16. facility providing care or having custody of the 12. Okla. stat. tit. 30, §1-115. ward and to the Department of Human Ser- 13. Id. §2-101(B). 14. Id. §2-101(E). vices or the Department of Mental Health and 15. Id. §2-101(D). Substance Abuse Services if the ward receives 16. Id. §1-114(B)(7). See 51 17. Okla. stat. tit. 43, §107.4(A) (stating “In a court proceeding such services. concerning child custody or visitation, a motion for an emergency custody hearing shall include an independent report, if available….”). The court may appoint an attorney or guard- 18. Id. §107.4(A). 19. Id. ian ad litem for the ward at any point in the 20. Okla. stat. tit. 30, §1-114(B)(7). guardianship process.52 21. In re Guardianship of H.D.B., 2001 OK CIV APP 147, ¶ 22.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2031 22. Okla. stat. tit. 30, §2-109(A). 50. Id. §3-110(A)(2)(e), § 3-110(A)(3). 23. Id. §2-108(B). 51. Id. §3-110(A)(5). 24. Id. §4-201(B)(1). 52. Id. §3-107(A). 25. Id. §4-201(B)(2). 53. Id. §3-113(A). 26. Id. §2-109(B)(1). 54. Id. §3-113(B). 27. Id. §4-301(A). 55. Id. §3-113(C). 28. Id. §4-301(C). 56. Id. §4-401. 29. Id. §4-303. 57. Id. §4-403(A)(1). 30. Id. §2-113. 58. Id. 31. Id. §2-115. 59. Id. §4-403(A)(2). 32. Id. §1-115. 60. Id. §4-403(C). 33. Id. §4-201(B)(1). 34. Id. §2-109(B)(1). 35. Id. §4-303. About The Author 36. Id. §3-111(A)(4). 37. Id. §1-111(12). 38. Id. §1-111(13). Joshua A. Edwards practices 39. Id. §3-101(B). law in Ada and primarily focuses 40. Id. §3-101(C). 41. Id. §3-115(A). on family law and criminal de- 42. Id. §3-115(F). fense. He is the Pontotoc Coun- 43. Id. §3-101(D). ty Bar Association president and 44. Id. §3-122(A). 45. Id. §3-120(B). graduated with distinction from 46. Id. §3-110(C)(1). the OU College of Law in 2010. 47. Id. §3-110(C)(2). 48. Id. §3-110(A)(2)(a-c). 49. Id. §3-110(A)(2)(d).

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2032 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2033 2034 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Family LAW

Advice for the Oklahoma Family Law Practitioner Following the ‘Baby Veronica’ Case1 By A. Diane Hammons

everal years ago, when I was attorney general (AG) for the Cherokee Nation, I assigned one of my bright young assistant SAGs to an Indian Child Welfare (ICW) case that we had just learned of in South Carolina. A nonIndian adoptive couple had removed a Cherokee baby from the state for adoption, and we were planning to launch a fight to enforce the Indian Child Welfare Act (ICWA)2 provisions regarding placement, removal of an Indian child from the family, etc. The assistant AG was Chrissi Nimmo, and the case ended up going all the way to the U.S. Supreme Court (SCOTUS). The case, Adoptive Couple v. Baby Girl (Baby Girl), became widely known in the media as the “Baby Veronica” case. The case outlasted my tenure as AG, and my successor, Todd Hembree, assigned Ms. Nimmo to continue with the case. She would ultimately appear on Dr. Phil and many news shows, and would speak all over the country about the case. She engineered the filing of amicus briefs supporting the tribe’s position from all over the country and devoted herself fully to the case.

The Cherokee Nation and baby Veronica’s sion. Rather, it seeks to provide the Oklahoma Cherokee biological father, Dusten Brown, ulti- family law general practitioner with a few prac- mately lost that case; Veronica left him and his tical pointers and results that came out of the family after two years and returned to South Baby Girl decision and its aftermath. Carolina to be raised by nonIndians. Many WHAT DID THE BABY GIRL CASE MEAN, across Indian Country were heartbroken, not to AND HAVE THERE BEEN ANY CHANGES mention the families involved in the case and AS A RESULT? the attorneys who had worked tirelessly on it. Some adoption attorneys, however, cheered the And why, as Oklahoma family law practitio- result. This article, however, does not serve to ners, do you care? If you only do dissolution of debate the case, nor to analyze SCOTUS’s deci- marriage3 cases, maybe you don’t. Despite the

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2035 gratuitous wording in many Oklahoma peti- OKLAHOMA’S PATERNITY REGISTRY tions for dissolution of marriage and decrees, Oklahoma has a paternity registry,9 which is ICWA does not apply in divorce4 cases.5 It does widely unknown and even more widely un- apply in stepparent adoptions where petition- used. If an unmarried male client suspects that ers (mom and stepdad, for instance) are seek- he may have fathered a child, he should imme- ing termination of the parental rights of one of diately get on the registry and express his the parents (dad, in my scenario). If you do any desire to be informed of any adoption proceed- deprived cases, adoption cases or even guard- ings.10 Although widely unknown and unused, ianships, you have to care. If you have any cli- courts cite the failure to register as some sort of ents who are unmarried fathers seeking to assert affirmative abandonment of paternal rights.11 their parental rights, you should care. Baby Girl was not just about the rights of Indian tribes and Mr. Brown’s situation emphasized the plight parents to their children, it was a recitation of of the unmarried father. A client in similar cir- the short shrift paid to unmarried cumstances should be advised fathers everywhere. to get on the registry, make attempts to provide for the child One of the biggest items of even prebirth and document note for any family law practi- One of the every interaction he has with the tioner in Oklahoma should be biological mother regarding sup- SCOTUS’s continued treatment, biggest items of note port, claimed parentage, etc. In or lack thereof, of an unmarried for any family law the case of the Indian unmarried father’s parental rights. Under father, he can sign an attestation the majority holding in Baby practitioner in of paternity whereby a nonIndi- Girl, his interests are next to an mother can receive prenatal nonexistent. The Supreme Court Oklahoma should be and birth care at an Indian stated that absent ICWA, Mr. SCOTUS’s continued Health facility.12 Regardless of Brown would not have even whether or not she wishes such been considered a parent.6 This, treatment, or lack care, the offer should be made in despite the fact that he had writing. Perhaps the Indian never relinquished his rights in thereof, of an father may not be sure whether any court proceeding (as re- unmarried father’s or not he wants to parent the quired under ICWA)7 and had child, but the assertion of his sought legal assistance immedi- parental rights. parental rights assures the appli- ately after learning that Veronica cation of ICWA and would thus was to be adopted by strangers ensure that extended family and would not be in the sole and/or members of his tribe custody of her mother. Further- would be preferential place- more, he had originally sought to move up their ments for the child. marriage upon learning that the biological APPLICATION TO THE INDIAN CHILD mother was pregnant with Veronica. Those are WELFARE ACT the facts that the majority opinion acknowl- edged; in the district court, other examples of his As to Baby Girl’s application to ICWA cases attempts to locate the biological mother during outside the unwed father scenario, it may have her pregnancy were introduced. little effect. There is, of course, the conflicting view — espoused by some in the nonIndian We have known for some time that unwed adoptive business — that Baby Girl has wide- fathers, unlike unwed mothers, must do some- spread application to every ICWA case and thing more to be entitled to assert parental “that unless someone files a competing peti- rights. Biology alone may a legal mother make, tion to adopt an American Indian child, ICWA’s but not a father. The father has to affirmatively preferred placements don’t apply.”13 For the do more than contribute one-half of the genetic attorney representing an Indian family seeking codes. This “biology plus” rule requires that placement of an Indian child, the wisest course unwed fathers must demonstrate something would be to file that “competing petition” if more than a biological connection to a child in adoption is formally sought by someone out- order to be recognized as a legal parent.8 side ICWA’s stated placement preferences. At the very least, the Indian family should affir-

2036 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 matively and formally request placement of made and makes to include himself in the life the child to the court, preferably in writing, as of the child, from first notice of pregnancy to early and perhaps as frequently, as possible. the present (I would do this even if he is One of the positive results for those of us ambivalent about his ultimate desire on wheth- supportive of ICWA has been Washington’s er or not to parent... he can always relinquish in response to the Baby Girl case. For example, in the future, but he needs to establish his rights March 2015, the Bureau of Indian Affairs assis- now whether or not he wishes to give them up tant secretary, Kevin Washburn, filed a news later). release and announcement answering the “call 2) As always, ask about Indian heritage in to strengthen implementation of [the] Indian any adoption, foster care, relinquishment or Child Welfare Act.” Calling for tribal consulta- deprived hearing. Make sure that you docu- tions, a new rule to govern implementation of ment to the court your inquiries and/or find- ICWA by state courts and child welfare agen- ings. If the child does qualify as an Indian cies and changes to the current BIA guidelines child, follow the statutory notice requirements regarding ICWA, the announcement was carefully and be sure to provide accurate made, “in keeping with President Obama’s information. commitment to supporting Indian families and building resilient, stable and thriving 3) If you represent an Indian family seeking tribal communities.” custody of a child in foster care or pre-adoptive placement, make known in writing your desire The BIA guidelines, unrevised since 1979, to adopt or foster the child as early as possible. have long been used by the courts in their File something with the court making that interpretation of ICWA. The guidelines, perhaps more than any other federal administra- known. You might consider filing your own tive regulation, are widely referred to and cited action, regardless of the pendency of any other in cases. Indeed, SCOTUS itself cites to the action. guidelines in the Baby Girl decision.14 One CONCLUSION change in the guidelines is the definition of parent, which will now state: Read the Baby Girl decision if you haven’t yet, and consider what could/should have hap- Parent means any biological parent or par- pened differently. Take those considerations ents of an Indian child or any Indian per- and apply them to your own practice. Be cog- son who has lawfully adopted an Indian nizant of the number of Indians and Indian child, including adoptions under tribal law tribes in Oklahoma. Always ask in any case or custom. It does not include an unwed involving a child (except divorce or dissolution father where paternity has not been ac- cases). Be aware of Oklahoma’s own Indian knowledged or established. To qualify as a Child Welfare Act and the proposed changes in parent, an unwed father need only take the federal regulations regarding ICWA. And, reasonable steps to establish or acknowl- in any case, Indian or nonIndian, involving an edge paternity. Such steps may include unwed father, have him register and assert his acknowledging paternity in the action at rights, and document, document, document all issue or establishing paternity through of his efforts. DNA testing. There has been an outpouring of support for 1. The media uproar, mostly initiated by the adoptive parents, resulted in Americans knowing the names of all the parties involved, the proposed guidelines, which have needed even though these type proceedings are generally closed & confiden- updating for some time.15 The Baby Girl case tial. The SCOTUS case is Adoptive Couple v. Baby Girl, 133 S.Ct. 2552, 186 L.Ed.2d 729 (2013). may have provided the needed incentive for 2. 25 U.S.C. 1901, et seq. the revisions. 3. I still say divorce, but I’m old. 4. See? To summarize, for the Oklahoma family law 5. 25 U.S.C. 1903(1); 10 O.S. 40.3 (Oklahoma Indian Child Welfare practitioner, the Baby Girl case means the fol- Act (OICWA) (10 O.S. 40.1, et seq.) provides even more protections for Indian children and families than the federal act. Divorce actions are lowing to you: not covered under either ICWA or OICWA.) 6. 135 S.Ct. at 2560. 1) If you’re representing an unwed father in 7. 25 U.S.C. 1913(a). any child custody matter, make sure that you 8. Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (1983). get him on the paternity registry, and docu- 9. 10 O.S. 7506-1.1. ment, document, document all efforts he has 10. 10 O.S. 7506-1.1.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2037 11. See, e.g., Tariah v. Hannah’s Prayer Adoption Agency, 903 P.3d 304, 308 (Okla. 1995); White v. Adoption of Baby Boy D., 10 P.3d 212, 215 (Okla. 2001). 12. 42 C.F.R. §136a.12(b)(2). 13. Jay McCarthy, as quoted by the Tulsa World in “One year later, Baby Veronica case still resonates,” by Michael Overall, 9/21/2014. 14. Ibid at 2561. 15. The deadline for comments to the proposed new regulations ended in May 2015. There was a wealth of input on the matter, and the BIA will consider all of that before finalizing the regulations. It may be early 2016 before final publication. There is an excellent side-by-side chart of the 1979 guidelines with the proposed 2015 guidelines, prepared by OCU 3rd year law student Cami Ruff, working in conjunction with Prof. Casey Ross-Petherick at the American Indian Law and Sovereignty Center at Oklahoma City University School of Law (405.208.5312).

About The Author

A. Diane Hammons is of counsel with the firm of Aston, Mathis, Jacobson, Campbell & Tiger PLLC in Tulsa. She is an assistant professor at Northeast- ern State University in the Criminal Justice Legal Studies and Homeland Security Depart- ment. She previously served as attorney general of the Cherokee Nation. A Mensan, Ms. Hammons is 1/4 Cherokee, the mother of three and grandmother of three adorable grandchildren. An OU grad, she passed the bar in 1984.

Make a Difference as a Civil Attorney “This nation was founded by men of many nations and backgrounds. It was founded on the principle that all men are created equal, and that the rights of every man are diminished when the rights of one man are threatened …” John F. Kennedy Do you want to make a real difference in the lives of people? Are you fervent about equal justice? Legal Aid Services of Oklahoma (LASO) is a nonprofit law firm dedicated to the civil legal needs of low-income persons. If you are passionate about poverty law, LASO is the place for you, offering opportunities to make a difference. We have 22 law offices across Oklahoma, and we are looking for passionate Attorneys. LASO offers a competitive salary and a generous benefits package, including health, dental, life, pension, and an LRAP. Addi- tionally, LASO offers a great work environment and educational/ career opportunities. The online application can be found: https://legalaidokemployment.wufoo.com/forms/z7x4z5/ Website www.legalaidok.org Legal Aid is an Equal Opportunity/Affirmative Action Employer

2038 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 OBA Exclusive

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Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2039 2040 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Family LAW

Production of Confidential Records: A Practical Guide for the Practitioner By Megan L. Simpson

ver time, the intersection between the Oklahoma Depart- ment of Human Services (DHS) and the “typical” family Olaw case has widened into multiple lanes of traffic from all directions. What used to be an isolated case of a divorce, child support or modification of custody or visitation that involved the request for admission of confidential records from some division of OKDHS or other agencies and entities that retain similar records has now grown to be a regular occurrence for most family law practitioners, and a statutory process with which most district judges, especially those in counties outside the metro- politan areas, have been forced to become all too familiar.

Rather than incurring the ire of an already added). If counsel attempts to produce, or com- overburdened bench, let this article serve as a pel to be produced, documents that fall within primer for the process by which such records are this category in any other manner than that pre- properly vetted and introduced into evidence in scribed by the statute, the attempt fails and cre- any criminal, civil or administrative proceeding ates unnecessary delays in getting the informa- in the state of Oklahoma. A review of this section tion before the court for consideration. prior to approaching the court with a request for STATUTORY CATEGORIES OF consideration of these types of records, many of CONFIDENTIAL RECORDS which could be extremely relevant and highly probative of the matters before the court, will go Due to the extremely confidential nature of a long way in expediting the process toward the records held by OKDHS and other agencies, the intended goal — letting the judge see and con- vetting process required by 10A 1-6-102 first dis- sider the records in making a ruling in the best cusses the general categories of records that are interest of the child. considered confidential and are not open to the general public. These include: 1) juvenile court It is important to note that the process out- records, 2) agency records, 3) district attorney lined here, and codified at 10A O.S. §1-6-102, is records, 4) Court Appointed Special Advocate the only manner in which any of these highly records pertaining to a child welfare case, 5) law confidential records may be considered by the enforcement records, 6) nondirectory education court. In fact, 10A O.S. §1-6-102 (C) states: “A records and 7) social records.1 subpoena or subpoena duces tecum purporting to compel testimony or disclosure of such informa- For any of these records to be inspected, re- tion or record shall be invalid.” (emphasis leased, disclosed, corrected or expunged, a party

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2041 must first obtain an order of the court. Although civil, criminal or administrative proceedings. the statutory section regarding these records Since this is a discretionary action on the part of does not specifically require it, the prudent prac- the judge, the same cautionary lesson applies titioner should approach the court prepared to here as has been previously mentioned. Be pre- explain his or her compelling reason for the pared to approach the court with a cogent argu- judge to take whichever of the statutorily enu- ment as to the relevance of these records not merated actions being pled. It is not enough just because they will help one of the parties gain an to bring a motion and order to the bench with advantage, but because these records will assist the section cited; rather, a well-written accompa- the court in its task of determining what is in the nying brief or oral argument could mean the best interest of the child who is the subject of difference between a signed order for produc- that visitation or custody hearing. tion and an uncomfortable explanatory call to a client. The statute gives a suggested form for the “Confidential Records Disclosure and Protective PRODUCTION OF OKDHS SAFETY Order” to be used, as shown below: ANALYSIS RECORDS CONFIDENTIAL RECORDS DISCLOSURE A higher standard is applied to OKDHS AND PROTECTIVE ORDER records relating to a safety analysis performed by the department on a family unit. A safety NOW on this _____ day of ______, 20__, analysis is performed by OKDHS when a refer- the court finds that child custody or visitation is ral is received by the department regarding a at issue in the above styled and numbered pro- child who may be the victim of neglect or abuse. ceeding and the disclosure of the safety analysis These situations are evaluated by a child welfare records of the Oklahoma Department of Human specialist who completes an investigation and Services pursuant to Section 1-6-102 of this title makes specific findings relevant to the child’s is necessary and relevant to the court’s determi- safety. Although the result of the investigation nation of the child’s best interests. The court may ultimately be no action by the department, therefore orders as follows: or a voluntary safety plan for the family mem- a. The Oklahoma Department of Human Ser- bers that includes minimal requirements for vices (“Department” or “DHS”) shall produce a action, these records can be a source of invalu- copy of its safety analysis records to this court able information for the court when making on or before ___ day of ______, 20__. decisions regarding the best interests of a child in a visitation or custody situation. b. The Department shall be permitted to redact Under 10A §1-6-102 (D)(1), a parent, legal or omit information in its safety analysis records guardian or the minor child who is the subject of which may identify the reporter of alleged child the analysis may move the court for the produc- abuse or neglect. tion of the records. To do so, a motion must be c. All information contained in the safety filed by one of the three named parties, stating analysis records of the Department is confiden- that child custody or visitation is at issue and tial under Oklahoma law and shall be disclosed that, upon receipt from the court, the records only to the parties, the attorneys of the parties, will be kept confidential by the movant, and and those persons employed by or acting on disclosed only to the attorneys of the movant behalf of the parties and the attorneys of the par- and those employed by the movant or the mov- ties whose aid is necessary to the prosecution or ant’s attorneys whose aid is necessary to the defense of the child custody or visitation issue. child custody or visitation issue. A copy of the motion must be provided to all the interested d. No confidential information whether con- parties, the child’s attorney and the guardian ad tained in pleadings, briefs, discovery, or other litem, as applicable. documents shall be filed except under seal with the legend “THIS DOCUMENT CONTAINS It is important to note there is no power of CONFIDENTIAL INFORMATION AND IS judicial review for safety analysis records. How- SUBJECT TO A PROTECTIVE ORDER OF THE ever, the decision of the court to enter an ex parte COURT”. order for production of the safety analysis records is discretionary, not mandatory. Also, e. No person or entity shall utilize any infor- this is an option only in cases that involve child mation contained in the safety analysis records custody or visitation issues, not in any other for any purpose other than the prosecution or

2042 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 defense of the child custody or visitation issues and setting forth in detail the compelling reason in this case. why those records should be ordered by the court. If the original pleading does not contain f. The release by counsel or any other person the requisite detail, it is subject to dismissal by for any reason of identifiers such as social secu- the court without further consideration. rity or tax ID numbers that may be contained in the Department records and which belong to Next, the court sets a date for hearing of the any person or entity is strictly prohibited. motion with no less than 20-days’ notice to the g. Any violation of this order shall be subject person or entity holding the records, the subject to prosecution for contempt of court. of the records if that person is over 18 years of age or to the parents of a person younger than 18 IT IS SO ORDERED this ___ day of ____, 20__. years of age, the attorneys of such person or par- Most judges in smaller counties appreciate the ents of such person, and any other interested assistance of forward thinking counsel who party as the court orders. Upon the court’s own appear with the aforementioned form order ex parte order, it may compel the holder of the already drafted for signature, although it is records to either produce the records or file an probably wise to ask the bailiff or court clerk at objection on a date certain prior to the date of the the time of filing if there is a standard form that hearing or appear for the hearing. The court can the court prefers to use before also shorten the notice time due to making that assumption. exigent circumstances. This is an important section for a practitio- Once the court order is obtained ner to note if he or she feels there for the safety analysis records, the … if the judge could be reasons that would moti- party who has requested it must does not find a vate the judge to require produc- provide the department with the tion of the records sooner than 20 names and all identifying infor- compelling reason days after the filing of the request. mation of the subjects of the Some circumstances that could requested records, and the depart- for judicial review lead to this decision might be a ment has a minimum of five days of the records, plain need for the records due to to provide those records to the the facts of the case, a medical court. Once provided, the records the motion is condition that requires an imme- are distributed to the litigants diate ruling from the bench or under the protective order above, dismissed. circumstances that would endan- which extends only to the produc- ger the subject of the proceeding tion of the records for review, and or bring harm if not addressed not to testimony by an employee within a shortened time frame. of the department regarding those records. Such The court will only know of these types of spe- testimony may only be garnered, according to cific circumstances if they are included in the 10A O.S. §1-6-102(D)(9), through a separate motion or petition itself, or if the litigator asks court order compelling the testimony and not the court to exercise this option. There may be through subpoena. Any violation of any portion times that a judge has not thoroughly read this of the protective order is subject to indirect con- section and does not know that an ex parte order 2 tempt of court. or shortened time period for production is an PRODUCTION OF ‘RELEVANT’ available option. If the basis for the request is CONFIDENTIAL RECORDS there, inclusion in the pleading with the citation to the proper section of the statute is a gentle The final relevant section as it relates to appli- way to educate the judge and simultaneously cation to the court for release of confidential receive the relief requested. records is found at subsection E, and is the broadest portion of the statute. This subsection At the hearing, which may be closed at the provides the procedure for procuring confiden- discretion of the court, if the judge does not find tial records in all other matters in which they a compelling reason for judicial review of the may be relevant. Due to the broad nature of this records, the motion is dismissed. If the motion subsection, the process to request production of survives inquiry, the records are ordered to be these records is more detailed. First, a petition or produced to the court for a judicial review. A motion must be filed with the court setting out judicial review is a reading by the judge in with specificity the records sought by that party chambers of the requested documents in which

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2043 the court balances due regard for the confidenti- By studying this statute and having a basic ality of the records and the privacy of persons knowledge of its provisions, a lawyer will rise in identified in the records, against release of the the esteem of any judge before whom he or she records based on the need to protect a legitimate appears, and will succeed in meeting the public or private interest. Upon a determination highest goal of our profession — allowing the of good cause shown, the judge may then autho- justice system to function at its highest and rize or prohibit the release of the documents or most noble level to protect the welfare of the any testimony regarding those documents sub- most vulnerable. ject to the provisions of 10A O.S. §1-6-102. 1. 10A O.S. §1-6-102 (A) Although the statutes give the court a clear 2. 10A O.S. §1-6-102 (D)(3)(g) guideline regarding the confidentiality of certain types of records pertaining to children, they leave a tremendous amount of discretion with About The Author the bench in dovetailing the individual privacy interest in the specific records with the equally Megan L. Simpson is a senior powerful role those records could play in assist- contract attorney for Gungoll, ing the court in determining the best interest of Jackson, Box, & Devoll PC in the child at the center of the conflict. An astute their Oklahoma City office, and knowledgeable lawyer can reduce the odds where she engages in consultation of a less than favorable outcome when submit- on complex litigation matters. ting a production request by understanding the She served as associate district interplay of these statutes and the motivations of judge for Harper County until the court in making production decisions, and January 2015. taking those into account during argument.

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2044 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 PROGRAM: Twitter is easy to caricature. Self-absorbed individuals tweeting out what they were eating was the introduction many people had to Twitter. But Twitter is a powerful free method of sharing information globally and Twitter can be an equally powerful tool to receive focused and valuable information TWITTER if you understand how it works.

OBOBA Management Assistance Program Director Jim Calloway FOR LAWYERS wants to show you why Twitter is one of his favorite tools and why he believes it is a powerful tool for law firms of all sizes. TUES. NOV. 10, 2015 If your law firm was involved with a matter that became of Noon – 1 p.m. national public interest and a few hundred thousand people decided to visit your law firm website at once, the site would Your choice - any place with a computer! probably crash and, even if it didn’t, you would receive a large bill from your web hosting service for all of the extra bandwidth. Program Presenter If a million people visit your Twitter feed next week, it costs you Jim Calloway, Director, Oklahoma Bar Association’s nothing, and you will have become an Internet sensation! Management Assistance Program Do you understand how Twitter really works for a lawyer or law CLE CREDIT: This course has been approved by the Oklahoma Bar firm? What are hash tags and trending topics? What is a Twitter Association Mandatory Continuing Legal Education Commission for 1 list? Should I retweet other’s content? How do you engage hour of mandatory CLE Credit, including 0 hours of ethics. Questions? Call (405) 416-7029. followers? What are the things a lawyer should not do with Twitter? What about add-ons that work with Twitter? Twitter is TUITION: $50. No discounts. not just for client development and publicity. It is also for real CANCELLATION POLICY: Cancellations, discounts, refunds, or trans- time research. fers are not available.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2045 HIGHLIGHTS

Awards The list of OBA Award winners and the award presentation schedule can be found on page 2061 and on the Annual Meeting website, www.amokbar.org.

Annual Luncheon Civics proponent and author Eric Liu, founder of Citizen University, has been selected to deliver the keynote address during the Annual Luncheon set for Thursday, Nov. 5. He will speak on the topic of Chris Hicks Jazz Trio “The True Meaning of Patriotism.” The President’s Reception OBA will recog- This year’s President’s Reception is nize its out- set for Wednesday, Nov. 4. Mingle with standing law- your friends and colleagues while lis- yers when annual tening to the Chris Hicks Jazz Trio. Enjoy awards are present- hors d’oeuvres and a cash bar. Recep- ed. Award recipients tion is from 7 – 9 p.m., and admission is were announced the week included in the registration fee. Guests of Sept. 28. Cost is $35 with attend at no additional cost. Each Annual Meeting registration and person attending receives two $55 for those who do not wish to reg- beverage tickets. ister for the full two-day event. Seating is limited, so be sure to register early for this event. Eric Liu

‘It’s Five O’Clock Somewhere’ Change your latitude and your attitude at our Thursday evening social event! Find your lost shaker of salt from 5 – 6:30 p.m. when complimentary margaritas flow courtesy of the OBA sections. Cheeseburgers (and other hors d’oeuvres) along with a full bar will also be available in this paradise. Annual Meeting registration not required. Use your best judgment with regard to flip-flops. Sponsor: OBA Sections.

2046 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Panelists:

President’s Breakfast Programming Announced The final day of Annual Meeting begins with the President’s Breakfast from 8 – 9 a.m. This year’s breakfast features a panel discussion on the topic “Access to Justice Commission: A Status Report.” Attendees will learn about the goals for the newly created A2J Commission, how Vice Chief Justice Judge Aletia Haynes Oklahoma ranks nationally in access to Douglas Combs, Timmons, Oklahoma Oklahoma Supreme Court, County District Court, justice and what improvements might Oklahoma City Oklahoma City lawyers help institute to accomplish justice for all. Panel Moderator: OBA President David Poarch, Norman. Cost: $25, Annual Meeting registration required.

David Riggs, Access to Anna E. Carpenter, What Justice Commission TU College of Law, Chairperson, Tulsa Assistant Clinical does my Professor, Tulsa Annual Meeting registration fee include? How do I register? Annual Meeting registration includes Wednesday and Thursday continental breakfast Register for all events using the in the hospitality area, President’s Reception, OBA Annual Meeting registration Sections “It’s Five O’Clock Somewhere” Thursday form found on page 2074 or reception, convention gift and access to the Ven- online at www.amokbar.org. dors Expo. OBA hospitality will be provided to Send paper forms with payment attendees throughout the day Wednes- by mail to OBA Annual Meeting, day, Thursday and Friday morning. P.O. Box 53036, Oklahoma City, OK Hospitality includes coffee, 73152 or fax with credit card information tea, soft drinks and a to 405-416-7092. Phone and email are also variety of treats options: call Mark at 405-416-7026 or and snacks. 800-522-8065 or email [email protected]. Questions? Contact Mark Schneidewent at 405-416-7026, 800-522-8065 or [email protected].

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2047 PROGRAM OF EVENTS All events will be held at the Sheraton Hotel unless otherwise specified. Submit meeting room and hospitality suite request to Craig Combs at [email protected].

Tuesday, Nov. 3 TU College of Law Alumni Reception OBA Registration...... 4 – 7 p.m. and Luncheon...... Noon – 1:30 p.m.

Oklahoma Fellows of the OBA Criminal Law American Bar Foundation...... 6:30 – 9 p.m. Section Luncheon...... Noon – 1:30 p.m. Petroleum Club – Chase Tower Petroleum Club – Chase Tower 100 N. Broadway, Suite 3400 100 N. Broadway, Suite 3400

Wednesday, Nov. 4 OCU School of Law Alumni Reception Oklahoma Fellows of the and Luncheon...... Noon – 2 p.m. American Bar Foundation...... 8 – 9 a.m. OCU School of Law – McLaughlin Hall 800 N. Harvey Shuttle Service Provided OBA Registration...... 8 a.m. – 5 p.m. OBA Board of Governors...... 2 – 4 p.m. OBA Hospitality...... 8 a.m. – 5 p.m.

OBA/CLE Seminar...... 2 – 4:50 p.m. Board of Bar Examiners...... 8:30 – Noon See seminar program for speakers and complete agenda OBA/CLE Seminar...... 9 – 11:50 a.m.

See seminar program for speakers Oklahoma Bar Journal and complete agenda Board of Editors...... 3 – 5 p.m.

OU College of Law Alumni Reception and Luncheon...... Noon – 1:30 p.m. President’s Reception...... 7 – 9 p.m. Vast – Devon Tower (Free for everyone with meeting registration) 333 W. Sheridan

2048 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 OBA Annual Luncheon Thursday, Nov. 5 for Members, Spouses and Guests...... Noon – 1:45 p.m. ($55 or $35 with meeting registration) OBA Section Council...... ……8 – 9 a.m. Featuring:

American College of Trial Lawyers...... ……8 – 9:30 a.m.

Eric Liu OBA Registration...... 8 a.m. – 5 p.m. CEO, Citizen University Seattle, Washington

OBA Hospitality...... 8 a.m. – 5 p.m.

TOPIC: The True Meaning of Patriotism OBA Family Law Section...... 8 a.m. – 5:15 p.m. Oklahoma Bar Center SPONSOR: OBA Family Law Section 1901 N. Lincoln Blvd. Eric Liu Book Signing...... 2 – 2:30 p.m.

Oklahoma Association for OBA Law Office Management Justice Insurance Seminar..... 8:30 a.m. – 4 p.m. & Technology Section...... 2 – 3 p.m.

OBA Credentials Committee...... 9 – 9:30 a.m. Payne County Bar Association Reception Honoring Willie Baker...... 2 – 4 p.m. MCLE Commission...... 9 – 10:30 a.m. Western Oklahoma Bar Associations Reception OBA/CLE Plenary Session...... 9 – 11:40 a.m. Honoring Stephen Beam...... ……2 – 4 p.m. See seminar program for speakers and complete agenda OBA Bankruptcy and Reorganization Law Section...... 2 – 4 p.m.

OBA Rules and OBA Real Property Law Section...... 2 – 4 p.m. Bylaws Committee...... 10 – 10:30 a.m.

OBA Leadership Academy...... 2 – 4:45 p.m. OBA Law Schools Committee...... 10 – 11 a.m. OBA Estate Planning/Taxation Sections Joint Meeting...... 2 – 5 p.m. OBA Resolutions Committee...... 10:45 – 11:45 a.m. Oklahoma Bar Foundation Executive Committee...... 2:30 – 3:30 p.m.

Oklahoma Bar Foundation Board of Trustees...... 3:30 – 5 p.m.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2049 OBA Business and Corporate OBA General Practice Law Section...... 3:30 – 5 p.m. Section...... …. 5:15 – 6:15 p.m.

County Bar Presidents Meeting...... 4 – 5 p.m. Oklahoma Bar Foundation Fellows Reception...... 6 – 7:30 p.m. OBA Litigation Section...... 4 – 5 p.m.

OBA Military and Veterans OBA Past Presidents Dinner...... 7 – 9 p.m. Law Section...... 4 – 5 p.m. Vast – Devon Tower 333 W. Sheridan

OBA Government and Administrative Law Section...... 4 – 5 p.m. Friday, Nov. 6

President’s Breakfast...... 8 – 9 a.m. OBA Environmental Law Section...... 4 – 5 p.m. ($25 with meeting registration)

OBA Law Day Committee...... 4 – 5 p.m. OBA Hospitality...... 8 a.m. – Noon

OBA YLD Board of Directors...... 4:30 – 5:30 p.m. OBA Registration...... 8 a.m. – Noon OBA Disability Law Section..…. 4:30 – 5:30 p.m.

Oklahoma Bar Association OBA Energy and Natural General Assembly...... 9:30 – 10:30 a.m. Resources Law Section...... 4:30 – 5:30 p.m.

OBA Financial Institutions and Commercial Oklahoma Bar Association Law Section...... 4:30 – 6 p.m. House of Delegates...... 10:30 a.m. – Noon Election of Officers & Members of the Board of Governors “It’s Five O’Clock Somewhere” Approval of Title Examination Standards Reception...... 5 – 6:30 p.m. Resolutions (Free for everyone with meeting registration)

OBA Tellers Commitee...... 10:30 a.m. – Noon

SPONSOR: OBA Sections

2050 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 OBA GOVERNANCE 2016 Transitions

2015 President 2016 President David A. Poarch Jr., Norman Garvin Isaacs Jr., Oklahoma City David Poarch currently Garvin A. Isaacs has been practices with the firm involved in general civil and of Bailey and Poarch in criminal trial practice since Norman, where he is 1978. His practice areas engaged in real estate, include negligence, wrongful probate and estate plan- death, nursing home injuries, ning, as well as a variety medical malpractice, prod- of litigated matters. Mr. ucts liability against automo- Poarch was born in Okla- bile manufacturers, bad faith homa City, grew up in the insurance law, water pollu- San Francisco Bay area tion, oil and gas pipeline and returned to Oklahoma for college and fraud and racial discrimination. Mr. Isaacs grad- law school. Following his discharge from the uated from the OCU School of Law in 1974. His U.S. Army in 1969, which included service in admissions to practice include: U.S. Court of Vietnam as a combat medic with the 1st Cav- Appeals, 10th Circuit, U.S. District Courts of alry Division in 1967, he received his bachelor’s Northern, Eastern and Western Districts of Okla- degree in 1973 from UCO in Edmond. He then homa, District of New Mexico, and Southern graduated from the OU College of Law in and Northern Districts of Texas. He has served as 1977. He began his legal career as an assistant an Oklahoma County assistant district attorney U.S. attorney in Oklahoma City, followed by and an assistant public defender. He has private practice with law firms in Oklahoma received the American Jurisprudence Award for City and Norman. He served as in-house gen- Criminal Law; Administrative Law; and the eral counsel and chief operating officer for a Judge Tom Brett Criminal Law Award. He was private financial services business acquired by OCU Law Alumni Association president in 1978. a Fortune 500 company, and then as the assis- In 1993 Isaacs, along with many others, helped tant dean for external affairs at the OU Col- Gerry Spence start the Trial Lawyers College, lege of Law, where he served from 1997 until which has trained trial lawyers from across the his retirement in 2011. He is a member of the U.S. From 1993-2003, he was a TLC instructor and Cleveland County and American Bar Associa- board member. He has given continuing legal tions as well as a past and present member of education lectures and demonstrations in 17 several other local bar associations. Mr. states and to Canadian criminal trial lawyers. In Poarch has served twice as an OBA Board of 2007 he presented a cross-examination demon- Governors member, from 2001-2003 and from stration at inns of court in London at the request 2010-2012. He will continue to serve on the of the ABA International Law Section. Mr. Isaacs 2015 Board of Governors as past president. has been a Wyoming Western Trial Advocacy Institute instructor and board member for 33 years and is a member of Luther Bohanon Inn of Court.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2051 2016 NOMINEES ian ad litem, a trained mediator and parenting coordinator in domestic cases. CONTESTED ELECTION She is active in her community, having served on the boards of several local organi- President-Elect zations, including the Bartlesville Area United Linda S. Thomas, Bartlesville Way, Big Brothers and Sisters of Green Country, Linda S. Thomas is a sole Bartlesville Family Care Services and the Run practitioner in Bartlesville, the Streets program, where she also served as focusing her practice in all a youth mentor. areas of law associated Thomas S. Walker, Ardmore with children and family. She received a J.D. from Tom Walker, a seventh the TU College of Law, generation Oklahoman, is was admitted to the OBA a retired district judge and in 1994 and is a member a retired general. He prac- of the Washington County ticed in Norman and Ard- Bar Association, American more and was an adjunct Bar Association and Texas Bar Association. She faculty member at the OU is also licensed to practice in the Northern Dis- College of Law. During his trict of Oklahoma. tenure on the bench, he tried more than 500 jury Ms. Thomas served on the OBA Board of trials, was assigned to 17 Governors, as OBA vice president and is cur- different counties, served as chief district rently serving on the OBA Professional Respon- judge, presiding judge of the Administrative sibility Commission. She has served as the chair District and was president of the Oklahoma or co-chair of the OBA Leadership Academy Judicial Conference. He was also a member Task Force since 2007, and on numerous com- of the Court on the Judiciary for 10 years. mittees and task forces including the Budget Committee, Legislative Monitoring Committee, A Vietnam veteran, his military career Women in Law Committee, Law Day Commit- spanned 37 years — active duty, National tee, Access to Justice Committee and Strate- Guard and Army Reserve. As an adjunct fac- gic Planning Task Force. She is a member of ulty member of the Defense Institute for Inter- the OBA Family Law Section, a volunteer attor- national Legal Studies, he led teaching teams ney for Oklahoma Lawyers for America’s to Armenia, Azerbaijan, Georgia and Kenya. Heroes and Legal Aid Services of Oklahoma, is A graduate of the Army War College, his last an Oklahoma Bar Foundation Charter Bene- assignment was National Guard assistant to factor Fellow, former Oklahoma Bar Founda- the judge advocate general of the Army. tion trustee, a YLD Fellow and an American While assigned to the Pentagon, he was a Bar Foundation Oklahoma Life Fellow. member of the team involved in the initial planning of the Guantanamo Bay war crimes Ms. Thomas is the recipient of two OBA Presi- commission. He is a member of the Orders of dent’s Awards for excellence in leadership Saint Barbara and Saint Maurice and the and outstanding service, the Mona Salyer 180th Infantry Association. Lambird Spotlight Award, special recognition award from the Washington County Bar Asso- He is past chair of the Law-related Education ciation for her leadership, professionalism and Committee and is currently a Law Schools dedication to the bar and community, and Committee member. A member of the Law- was named as one of Oklahoma’s pioneering yers in the Classroom project, he specializes in women lawyers in Leading the Way: A Look at teaching 5th-grade students about the Consti- Oklahoma’s Pioneering Women Lawyers. tution and Bill of Rights. He hosted a regional CLE his last 15 years on the bench and has Ms. Thomas also works with the local domes- been a speaker at more than 30 continuing tic violence shelter to provide legal represen- education programs. tation for all victims of domestic violence who seek protective orders through that organiza- He has been a member of the Oklahoma tion, is a volunteer attorney for the Washington Ethics Commission since 2011, appointed by County district court, a court-approved guard- the chief justice.

2052 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 His recognitions include the Oklahoma CASA Supreme Court Association Judge of the Year, Community Judicial District Three Service Award from the Daughters of the John W. Coyle III, Oklahoma City American Revolution, Presidential Citation for Outstanding Community Service by a Vietnam John W. Coyle III is a Veteran, Disabled American Veterans Certifi- criminal defense lawyer cate of Merit and George Washington Honor practicing with the Coyle Medal from the Freedoms Foundation. Law Firm in downtown Oklahoma City. Mr. Coyle is the recipient of both the UNCONTESTED ELECTIONS Clarence Darrow Award in 1995 and the Lord Erskine Vice President Award in 2014, from the Paul D. Brunton, Tulsa Oklahoma Criminal Defense Lawyers. He Paul D. Brunton was born served on the Oklahoma County Bar Associa- Aug. 19, 1944. He grad- tion Board of Directors from 2012-2015 and uated high school from was the Oklahoma County Criminal Defense Cascia Hall in 1962 and Lawyers president in 2011. He is a frequent received his Bachelor of continuing legal education lecturer on crimi- Arts from OU in 1966. Mr. nal defense and trial techniques. In 2000, Brunton served in the U.S. Mr. Coyle graduated from the Trial Lawyers Army Special Forces dur- College in Dubois, Wyoming. ing the Vietnam War. He received his J.D. from the Supreme Court TU College of Law in 1971 Judicial District Four and his LL.M. from the University of Arkansas Kaleb K. Hennigh, Enid School of Law in 1982. He was admitted to the Kaleb Hennigh is a found- OBA and to practice before the U.S. Supreme ing member of Ewbank, Court and 10th U.S. Court of Appeals in 1971. Hennigh & McVay PLLC, a His practice focuses on criminal defense in regional law firm focusing city, state and federal court. He was the Tulsa on representing clients County chief public defender from 1972-1974, throughout northwest Northern and Eastern District of Oklahoma Oklahoma and has devel- federal defender from 2001-2006, of counsel oped a practice devoted for Morrell Saffa Craige PC from 2006-2014 to familial wealth preserva- and is currently a sole practitioner. He has tion, bankruptcy and asset served in the Oklahoma House of Representa- protection methods and tives, as Tulsa County Bar Association presi- effective small business planning. He man- dent, OBA Criminal Law Committee chair, ages a very aggressive caseload consisting Oklahoma Criminal Defense Lawyers Associa- of a multitude of small businesses, agricultur- tion director and Northern-Eastern District al families and larger corporations. Chapter Federal Bar Association president. He is a member of the Tulsa County Bar Associa- Mr. Hennigh previously served a one-year tion, Tulsa County Criminal Defense Lawyers term on the Oklahoma Board of Governors as Association, National Organization for the the Oklahoma Young Lawyers Division chair- Reform of Marijuana Laws (Legal Committee), man for 2014. While at Oklahoma State Univer- Oklahoma Criminal Defense Lawyers Associa- sity, he was named a Top Ten Graduating tion and the National Association of Criminal Senior. During his time at the OU College of Defense Lawyers. He has spoken at various Law, he was awarded the Kelly Beardslee CLE and bar meetings on the topic of “Crimi- award for his work with the OU Criminal Law nal Law and Trial Tactics.” He is the recipient Clinic. While working to obtain his LL.M. at the of the TCBA Golden Rule Award, TCBA Presi- University of Arkansas, he served as a gradu- dent’s Award, OBA Earl Sneed Award and ate assistant at the National Agricultural Law the Oklahoma Criminal Defense Lawyers Center, where he conducted extensive Lord Erskine Award. research on multiple issues within agricultural

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2053 law and drafted his thesis on the new National Member At Large Animal Identification System and the applica- Alissa Hutter, Norman tion of FOIA laws to agricultural producers. Alissa Preble Hutter was He was born and raised near Laverne and admitted to practice law considers northwest Oklahoma his “home.” He in October 2005. She and his family reside in Enid, and Ewbank, Hen- received her undergrad- nigh & McVay PLLC, currently maintain offices uate degree from the in Enid, Fairview and Laverne. He earned a University of Oklahoma Bachelor of Science in agricultural communi- in May 2002 and her law cations from OSU, a J.D. from the OU College degree from the OCU of Law and an LL.M. in agricultural law from School of Law in May 2005. the University of Arkansas School of Law. In law school, she was awarded with the CALI Supreme Court Excellence for the Future Award for trial prac- Judicial District Five tice in 2005, and two outstanding service James L. Kee, Duncan awards in 2004 and 2005 from the Phi Alpha James L. Kee has prac- Delta Legal Fraternity. While in law school, she ticed in Duncan the past completed internships as a licensed legal 45 years. He graduated intern for Steidley and Neal PLLC, and Durbin, from the OCU School of Larimore and Bialick PC, and worked as a Law in 1966. His practice is licensed intern at the Oklahoma County Dis- mainly civil and criminal trict Attorney’s Office, where she tried her first litigation. He is a Stephens successful criminal jury trial (supervised) while County Bar Association still in law school. past president and has After being admitted to the bar, Ms. Hutter been Law Day chairman worked as an assistant district attorney in three times. During 1986- McClain and Cleveland counties. In January 1987, he took a sabbatical from his law prac- 2009, she opened up a solo law practice in tice and lived in London working for a Korean Norman, where she focuses on family, juvenile company negotiating OPEC contracts in the and criminal law. She is also a licensed media- Middle East and West Africa. He served two tor and a seasoned guardian ad litem. years as a board member of the Eisenhower Center at the University of New Orleans that She has a passion for the Cleveland County led to the building of the D-Day Museum in Bar Association. She has served as the CCBA New Orleans. He is a past president of the president, president-elect, vice president, sec- OCDLA (1978). He has worked pro bono retary, outgoing president, and she is currently through the Compassion Center in Duncan. serving in an advisory capacity on the county He served as a paratrooper in the 101st ABN bar’s executive committee. She founded the DIV from 1957-1960 and as an officer in a Spe- county bar’s annual Justice is Sweet Baking cial Forces Reserve Unit. He is the father of two Contest and Secret Santa event in 2013 — children, seven grandchildren and two great chairing these events annually since their grandchildren. His hobby is first century Christi- inception. She has also organized county bar anity. In addition with his son, they collect pre- blood drives, CLE seminars, swearing-in cere- statehood relics and publications. Along with monies, a celebration of judicial history event, his wife, they operate a 500-acre farm north co-chaired Law Day, organized a CCBA of Duncan. Christmas party, volunteered at Ask a Lawyer, and Lawyers Helping Vets in addition to regularly serving as a county bar delegate at the state convention. She resides in her hometown of Norman, where she is married to Andrew Hutter and has three children: Riley, Zach and Claire.

2054 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 2015 HOUSE OF DELEGATES

Delegate certification should be sent to OBA Executive Director John Morris Williams in order for names to appear in print in the bar journal and to be included in the House of Delegates agenda book.

COUNTY DELEGATE ALTERNATE Adair Co...... Ralph F. Keen II Alfalfa Co...... Marcus Jungman...... Kyle Hadwiger Atoka Co...... Robert Lewis Beaver Co...... Todd Trippet...... Jerry Venable Beckham Co...... Chip Eeds...... Judge Michelle Kirby Roper Blaine Co...... Daniel G. Webber...... Judge Mark A. Moore Bryan Co...... Christopher D. Jones...... Pat Phelps Caddo Co. Canadian Co...... Ashton Handley...... Jacobi Nichols Whatley Nathan Richter...... Jennifer Surmacz Laura Wardrip...... Sandy Steffen Linda Pizzini...... Perry Tirrell Carter Co...... Thomas Walker...... Lee Card Bob Pinkerton...... Meredith Turpin Cherokee Co. Choctaw Co...... J. Frank Wolf III...... Jon Ed Brown Cimarron Co...... Judge Ronald L. Kincannon...... Stanley Ed Manske Cleveland Co...... Dave Batton...... Blake Virgin Jr. Richard Vreeland...... Rickey Joe Knighton II Rebekah Taylor...... Sharon Sitzman Peggy Stockwell...... Amy Pepper Alissa Preble Hutter...... Don Pope Richard Stevens...... Judge Lori Walkley Jan Meadows...... Kevin Finlay Judge Jeff Virgin...... Allyson Dow Tyson Stanek...... John Sparks Gary Rife...... David Swank Rod Ring...... Beth Stanley Judge Steve Bonner...... Judge Thad Balkman Emily Virgin...... Elise Hayes Micheal Salem...... Dick Smalley David Poarch...... Kathryn Flood Ben Odom...... Kristi Gundy Kristina Bell...... Catherine Butler Rick Sitzman...... Robert Bailey Jeanne Snider...... Betsy Brown Dave Stockwell...... Gene Bertman Holly Iker...... Holly Lantagne

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2055 Coal Co...... Johnny Sandmann...... Trae Gray Comanche Co...... Jay C. Meyers...... Michael Wilson Tyler Johnson...... Mark Stoneman Dylan Erwin...... Christine Galbraith Cotton Co...... Kathleen Flanagan...... Judge Michael C. Flanagan Craig Co. Creek Co...... Carla Stinnett...... Judge Richard A. Woolery Sheri Eastham...... Max Cook Custer Co...... Andy Carruth...... Seth Adams Delaware Co. Dewey Co...... Judge Rick Bozarth Ellis Co...... Joe L. Jackson ...... Judge Laurie E. Hays Garfield Co...... Karig Culver...... Cliff Elliott Judge Paul Woodward...... Jamie Bloyd David Trojan...... Glenn Devoll Garvin Co...... Dan Sprouse...... Logan K. Beadles Grady Co...... Kim Rennie...... Ryland Rivas Margaret Kerr...... David Perryman Grant Co...... Judge Jack D. Hammontree...... Steven A. Young Greer Co...... Corry Kendall...... Judge Eric Yarborough Harmon Co...... David L. Cummins Harper Co. Haskell Co. Hughes Co...... Andy Baca ...... Ryan Pitts Jackson Co...... John Wampler...... Tal Oden Jefferson Co. Johnston Co...... Judge Charles Migliorino Kay Co...... Jessica R. Ward...... Mike Trewitt Rick Johnson...... Rebecca Hill Kingfisher Co...... Lance Schneiter...... Jared Harrison Kiowa Co. Latimer Co...... F. Nils Raunikar...... Christian Henry LeFlore Co...... Dru Waren...... Rob Cowan Lincoln Co...... Zachary Privott Logan Co...... Jeff Hirzel Love Co...... Richard A. Cochran...... Kenneth L. Delashaw Major Co...... Mitchell Hallren...... William Scott Church Marshall Co...... Floyd Miller Mayes Co...... Gerald Lee McClain Co...... Suzanne Woodrow-Snell...... Brian Hall McCurtain Co...... Kevin T. Sain...... Emily Herron McIntosh Co...... Cindy M. Dawson...... Brendon Bridges Murray Co...... Phil S. Hurst...... Rebecca Brewer Johnson Muskogee Co...... Matthew C. Beese...... Corey Johnson Roy D. Tucker...... Jeff Potts Alex Wilson...... Jim McClure Noble Co...... Bryon J. Will...... Tom Lane Sr. Nowata Co. Okfuskee Co. Oklahoma Co...... Angela Ailles Bahm...... Leslie Lynch David A. Cheek...... Robert Sheets Judge Barbara G. Swinton...... LeAnne Burnett Judge Patricia G. Parrish...... Gary Derrick

2056 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Judge Tom Prince...... Doneen Jones Judge Lisa Tipping Davis...... Billy Croll John W. Coyle...... Tom E. Mullen Judge Lisa Hammond...... John Miley Robert Margo...... Raymond E. Zschiesche Lauren Barghols Hanna...... Robert E. Black John Oldfield...... Judy Warmbrod Dishman W. Todd Blasdel...... Coree Stevenson Judge Lynne McGuire...... Sheila D. Stinson Judge Howard Haralson...... Judge Bay Mitchell III Jeff Curran...... Gary Chilton Andrew Mildren...... Susan Shields Daniel G. Couch...... Judge Cassandra Williams Will Hoch...... Charles Alden Michael Mullins...... Kieran Maye Brandon Long...... Melanie Jester Nancy Parrott...... J. Chris Condren Mack Martin...... Tracey Martinez Judge Don Andrews...... Kenyatta Bethea Jim Webb...... Justin Meek Judge Bernard Jones...... Courtney Briggs Judge Richard Ogden...... Michelle Harrington Laura McConnell-Corbyn...... Elisabeth E. Muckala Timothy J. Bomhoff...... Miguel Garcia John Heatly...... Curtis Thomas Ben Butts...... Matthew Kane Okmulgee Co...... Luke Gaither...... Lou Ann Moudy Osage Co...... Jesse J. Worten III...... Wendy P. Drummond Ottawa Co...... Chuck Chesnut...... John Weedn Pawnee Co...... Judge Jefferson D. Sellers...... Joshua Kidd Payne Co...... Brenda Nipp...... Thomas Swafford Jimmy Oliver...... Mackenzie Murphy-Wilfong Brandee Hancock...... Travis Cagle Pittsburg Co...... Matthew Sheets...... James D. Bland Blake Lynch...... Matt Patterson Pontotoc Co...... Dale Ronald Rex...... Joshua Edwards T. Walter Newmaster...... Pottawatomie Co...... Joe Vorndran...... Shelley Levisay Brandi Nowakowski Pushmataha Co...... Gerald Dennis...... Charlie Rowland Roger Mills Co...... Michael A. Abel...... Judge F. Pat VerSteeg Rogers Co...... James Justin Greer...... Jennifer Kern Noah Sears...... Melinda Wantland Catina Drywater...... Emmalene Raff Seminole Co...... R. Victor Kennemer...... William D. Huser Sequoyah Co. Stephens Co...... James L. Kee...... Jamie Phipps Carl J. Buckholts...... E. J. Buckholts Texas Co...... Douglas Dale...... Cory Hicks Tillman Co. Tulsa Co...... Judge Jane P. Wiseman...... Marvin G. Lizama Paul D. Brunton ...... Georgenia A. Van Tuyl Charles R. Hogshead...... Sabah S. Khalaf

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2057 Larry D. Leonard ...... Amber Peckio Garrett Leonard I. Pataki...... Ruth J. Addison Kenneth L. Brune ...... Richard Dale White Jr. Molly Aspan...... David M. Thornton Jr. Paul B. Naylor...... Grant T. Lloyd Kimberly K. Hays ...... Scott Morgan Matthew S. Farris...... Jermiah Phelix Gerald L. Hilsher...... Trisha Linn Archer James C. Milton...... J. Christopher Davis Bruce A. McKenna...... Shannon D. Taylor Jack L. Brown...... Cara C. Wells Tony W. Haynie...... Valerie O. Giebel William C. Kellough...... Jeremy Ward Judge Martha Rupp Carter ...... James L. Colvin III Judge Millie Otey James R. Gotwals D. Faith Orlowski Robert B. Sartin E. Zach Smith D. Kenyon Williams Jr. Steven K. Balman Ron Main Julie A. Evans Michael Scott Ashworth Justin B. Munn Tamera A. Childers Kimberly Moore-Waite Wagoner Co...... Richard Loy Gray Jr...... Ben Chapman Eric W. Johnson...... Amy McFarland Washington Co...... P. Scott Buhlinger...... Jared Sigler James M. Elias...... Andrew Ihrig Washita Co...... Judge Christopher S. Kelly...... Skye Shephard-Wood Woods Co...... Jeremy Bays...... Westline Ritter Woodward Co...... Kyle Domnick...... Bryce Hodgden

______

DELEGATE alternate Oklahoma Judicial Conference...... Dist. Judge Thad Balkman...... Dist. Judge John Kane Assoc. Dist. Judge Russ Vaclaw...... Assoc. Dist. Judge Brent Russell

2058 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 BAR NEWS

2016 OBA BOARD OF GOVERNORS VACANCIES Nominating Petition deadline was 5 p.m. Friday, Sept. 4, 2015

Summary of Nomination Rules OFFICERS Not less than 60 days prior to the annual meeting, President-Elect 25 or more voting members of the OBA within the Current: Garvin Isaacs Jr., Oklahoma City Supreme Court Judicial District from which the Mr. Isaacs automatically becomes OBA president member of the Board of Governors is to be elected Jan. 1 2016 that year, shall file with the executive director, a (One-year term: 2016) signed petition (which may be in parts) nominating Nominees: Linda S. Thomas, Bartlesville a candidate for the office of member of the Board of Thomas S. Walker, Ardmore Governors for and from such judicial district, or one or more county bar associations within the judicial Vice President district may file a nominating resolution nominating Current: Glenn A. Devoll, Enid such a candidate. (One-year term: 2016) Not less than 60 days prior to the annual meeting, Nominee: Paul D. Brunton, Tulsa 50 or more voting members of the OBA from any or all judicial districts shall file with the executive BOARD OF GOVERNORS director, a signed petition nominating a candidate Supreme Court Judicial District Three to the office of member at-large on the Board of Current: Robert D. Gifford II, Oklahoma City Governors, or three or more county bars may file Oklahoma County appropriate resolutions nominating a candidate for (Three-year term: 2016-2018) this office. Nominee: John W. Coyle III, Oklahoma City Not less than 60 days before the opening of the annual meeting, 50 or more voting members of the Supreme Court Judicial District Four association may file with the executive director a Current: Douglas L. Jackson, Enid signed petition nominating a candidate for the office Alfalfa, Beaver, Beckham, Blaine, Cimarron, Custer, of president-elect or vice president or three or more Dewey, Ellis, Garfield, Harper, Kingfisher, Major, county bar associations may file appropriate resolu- Roger Mills, Texas, Washita, Woods and Woodward tions nominating a candidate for the office. (Three-year term: 2016-2018) If no one has filed for one of the vacancies, nomina- Nominee: Kaleb K. Hennigh, Enid tions to any of the above offices shall be received Supreme Court Judicial District Five from the House of Delegates on a petition signed by Current: Rickey Joe Knighton II, Norman not less than 30 delegates certified to and in atten- Carter, Cleveland, Garvin, Grady, Jefferson, Love, dance at the session at which the election is held. McClain, Murray and Stephens See Article II and Article III of OBA Bylaws for (Three-year term: 2016-2018) complete information regarding offices, positions, Nominee: James L. Kee, Duncan nominations and election procedure. Elections for contested positions will be held at the House of Del- Member At Large egates meeting Nov. 6, during the Nov. 4-6 OBA Current: Richard Stevens, Norman Annual Meeting. Terms of the present OBA officers (Three-year term: 2016-2018) and governors will terminate Dec. 31, 2015. Nominee: Alissa Hutter, Norman Nomination and resolution forms can be found at www.okbar.org/members/BOG/BOGvacancies.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2059 OBA NOMINATING PETITIONS (See Article II and Article III of the OBA Bylaws)

OFFICERS Supreme Court Judicial District Four President-Elect Kaleb K. Hennigh, Enid Linda S. Thomas, Bartlesville A total of 28 signatures appear on the petitions. A total of 318 signatures appear on the petitions. Nominating Resolutions have been received from Nominating Resolutions have been received from the following counties: Garfield the following counties: Cleveland and Washington Supreme Court Judicial District Five homas alker rdmore T S. W , A James L. Kee, Duncan A total of 288 signatures appear on the petitions. A total of 52 signatures appear on the petitions. Nominating Resolutions have been received from Nominating Resolutions have been received from the following counties: Carter and Sequoyah the following counties: Stephens Vice President Member At Large aul runton ulsa P D. B , T Alissa Hutter, Norman A total of 66 signatures appear on the petitions. A total of 84 signatures appear on the petitions. Supreme Court Judicial District Three Nominating Resolutions have been received from John W. Coyle III, Oklahoma City the following counties: Cleveland A total of 38 signatures appear on the petitions.

NOTICE OF MEETINGS CREDENTIALS COMMITTEE City, Oklahoma, in conjunction with the 111th Annual Meeting. The committee The Oklahoma Bar Associaiton Credentials members are: Chairperson Judge Richard A. Committee will meet Thursday, Nov. 5, 2015, Woolery, Sapulpa; Roy D. Tucker, Muskogee; from 9 - 9:30 a.m. in the Board Room on the Joe Vorndran, Shawnee; W. Mark Hixson, second floor of the Sheraton Hotel, 1 N. Yukon; Luke Abel, Oklahoma City. Broadway Ave., Oklahoma City, Oklahoma, in conjunction with the 111th Annual Meet- ing. The committee members are: Chairper- RESOLUTIONS COMMITTEE son Luke Gaither, Henryetta; Jeff Trevillion, The Oklahoma Bar Association Resolutions Oklahoma City; Brandi Nowakowski, Committee will meet Thursday, Nov. 5, 2015, Shawnee; April Sellers White, Sapulpa. from 10:45 - 11:45 a.m. in the Board Room on the second floor of the Sheraton Hotel, 1 N. RULES & BYLAWS COMMITTEE Broadway Ave., Oklahoma City, Oklahoma, in conjunction with the 111th Annual Meet- The Rules & Bylaws Committee of the Okla- ing. The committee members are: Chairper- homa Bar Association will meet Thursday, son Charles W. Chesnut, Miami; Kaleb K. Nov. 5, 2015, from 10 - 10:30 a.m. in the Hennigh, Enid; Molly A. Aspan, Tulsa; D. Faith Board Room on the second floor of the Sher- Orlowski, Tulsa; Laura H. McConnell-Corbyn, aton Hotel, 1 N. Broadway Ave., Oklahoma Oklahoma City; Dietmar Caudle, Lawton.

2060 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 2015 OBA AWARDS

OBA Awards: Individuals for Whom Awards are Named Law School NEIL E. BOGAN — Neil Bogan, an attorney from Tulsa, Luncheons died unexpectedly on May 5, 1990, while serving his term as president of the Oklahoma Bar Association. Mr. Bogan Wednesday, Nov. 4 was known for his professional, courteous treatment of everyone he came into contact with and was also considered to uphold high standards of honesty and integrity in OUTSTANDING SENIOR LAW the legal profession. The OBA’s Professionalism Award is SCHOOL STUDENT AWARD named for him as a permanent reminder of the example he set. Andrew Davis, Oklahoma City University School of Law HICKS EPTON — While working as a country lawyer in Wewoka, attorney Hicks Epton decided that lawyers Andrew R. Davis, originally should go out and educate the public about the law in from Richardson, Texas, is a general, and the rights and liberties provided under the Hatton W. Sumners Scholar law to American citizens. Through the efforts of Mr. at the OCU School of Law Epton, who served as OBA president in 1953, and other where he serves as the edi- bar members, the roots of Law Day were established. In tor-in-chief for the OCU Law 1961 the first of May became an annual special day of Re-view. Mr. Davis is an active celebration nationwide designated by a joint resolution of member of the Federal Bar Congress. The OBA’s Law Day Award recognizing out- Association Student Division, standing Law Day activities is named in his honor. Merit Scholars and the Amer- ican Association for Justice MAURICE MERRILL — Dr. Maurice Merrill served as a Trial Competition Team. professor at the University of Oklahoma College of Law from 1936 until his retirement in 1968. He was held in He also serves as the head BARBRI student rep- high regard by his colleagues, his former students and the resentative, and he is the treasurer for the Student bar for his nationally distinguished work as a writer, Bar Association, Phi Delta Phi International Legal scholar and teacher. Many words have been used to Honor Society and the Class of 2016. During his describe Dr. Merrill over the years, including brilliant, first year of law school, he was a finalist in both wise, talented and dedicated. Named in his honor is the the 1L Moot Court and the New York Regional Golden Quill Award that is given to the author of the best AAJ Trial Advocacy Competitions. He has written article published in the Oklahoma Bar Journal. The received CALI awards in Contracts I, Contracts II, recipient is selected by the OBA Board of Editors. Criminal Law, Property, Legal Research & Writing I, Legal Research & Writing II and Constitutional JOHN E. SHIPP — John E. Shipp, an attorney from Law I. He is a 2014 Holloway Scholar, and he is a Idabel, served as 1985 OBA president and became the proud member of the William J. Holloway Jr. executive director of the association in 1998. Unfortu- American Inn of Court. nately his tenure was cut short when his life was tragically taken that year in a plane crash. Mr. Shipp was known for He graduated summa cum laude with honors his integrity, professionalism and high ethical standards. from Texas A&M University–Commerce with a B.B.A. in accounting. (cont’d on page 2068)

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2061 OUTSTANDING SENIOR LAW Threat? The Fourth Circuit Refuses to Review Tem- SCHOOL STUDENT AWARD porary Reinstatement Orders through the Collat- eral Order Doctrine” is slated for publication in Deric J. McClellan, University of Tulsa the Summer 2016 edition of the Oklahoma Law College of Law Review. Deric McClellan is a third- Throughout her time in law school, Ms. Swiniuch year student at the TU Col- has earned American Jurisprudence Awards for lege of Law. He was born her performance in Civil Procedure I, Property, and raised in Carthage, Mis- Administrative Law, Wills and Trusts and Corpora- souri, and graduated from tions. She also received the Oklahoma Bar Foun- Missouri Southern State Uni- dation Fellows Scholarship. In addition to the versity in Joplin with a B.B.A. Oklahoma Law Review, she is an active member in general business. He cur- in several student organizations, including the rently serves as an articles Organization for the Advancement of Women in research editor for the Tulsa Law, Board of Advocates and Federal Bar Asso- Law Review and is a part of ciation. She is also currently a student member of the school’s mentorship program, which pairs the Ruth Bader Ginsburg Inn of Court. She enjoys second- and third-year students with incoming representing OU Law in appellate-advocacy 1Ls to help them navigate the uncertainty of the competitions. Last year, she helped anchor OU first year of law school. Mr. McClellan is the recip- Law’s National Moot Court team, winning Best ient of the Norman-Hicks Scholarship in Law, a Brief and placing second in the region and repre- scholarship that made the possibility of attending senting OU on the national stage in New York City. TU Law a reality. This year, she looks to repeat that success as a member of the ABA National Appellate Advoca- He has received 10 CALI Excellence for the cy Competition team. Future Awards for the highest grade in various courses. He was a participant in U.S. District Court Ms. Swiniuch was born and raised in Oklahoma Judge Claire Eagan’s Federal Criminal Defense City and graduated from OU with a bachelor’s Practicum, in which Judge Eagan, along with degree in political science and philosophy in several assistant U.S. attorneys and federal pub- 2012. After graduation, she will begin her legal lic defenders, led a group of students through career at Hall Estill in Oklahoma City. the real-world application of adjudicatory criminal procedure — starting with the grand jury indictment and culminating with the appeals process. During law school, he worked as a sum- Annual Luncheon mer associate at the law firms of McAfee & Taft, Thursday, Nov. 5 GableGotwals and Crowe & Dunlevy. He has accepted an offer from Crowe & Dunlevy and will begin working there next year. OUTSTANDING SENIOR LAW AWARD OF JUDICIAL EXCELLENCE SCHOOL STUDENT AWARD Judge David L. Russell, Oklahoma City Lindsay Kistler Swiniuch, The 2015 Award of Judi- University of Oklahoma College of Law cial Excellence recipient is Lindsay Kistler Swiniuch is Judge David L. Russell of a third-year law student at the U.S. District Court for the the OU College of Law. She Western District of Oklaho- currently serves as the edi- ma, who is recognized for tor-in-chief for the Oklaho- his character, accomplish- ma Law Review. In this ments and achievements capacity, she works closely as a judge. He was appoint- with students and professors ed to the federal bench in to ensure a timely and qual- 1982 by President Ronald ity publication. Additionally, Reagan. He served as chief her note, “Just a Miner judge of the Western District Court from 1994-

2062 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 2001, leading the court during the time of the the years after his presidency, he has continued Murrah Building bombing and its aftermath. His to serve the association with his membership in consistent command of the facts and applica- the Professional Responsibility Commission and ble law, as well as his respectful treatment of liti- Professional Responsibility Tribunal, as well as the gants and counsel, have earned him an out- Oklahoma Bar Foundation Board of Trustees. He standing reputation with federal practitioners in also currently chairs the Oklahoma Judicial Nom- Oklahoma and throughout the country. Follow- inating Commission, assisting the Oklahoma gov- ing his admission to practice law, he served in ernor in the selection of qualified judicial candi- the JAG Corps for the U.S. Navy, achieving the dates to preside over Oklahoma’s courts. He has rank of lieutenant commander. He would go on received numerous awards and honors from the to provide legal counsel to Oklahoma Gov. and OBA, OBF, Custer County Bar Association and the U.S. Sen. Dewey F. Bartlett. He served as U.S. ABA; among these are several President’s Awards attorney for the Western District of Oklahoma and two Golden Gavel Awards. His long list of beginning in 1975 and later in private practice accolades paired with his contributions to the before his appointment to the bench. He is a OBA makes him the ideal recipient for this distin- member of the Federal Bar Association and the guished award. He graduated from the OU Col- Oklahoma County Bar Association. He has served lege of Law in 1982. as member of the United States Judicial Confer- ence and was named to its executive commit- ALMA WILSON AWARD tee by then-U.S. Supreme Court Chief Justice Christine Batson Deason, Edmond William Rehnquist. Judge Russell graduated from the OU College of Law in 1965. Christine Batson Deason is the 2015 recipient of the JOE STAMPER DISTINGUISHED Alma Wilson Award for her SERVICE AWARD long list of contributions to the young people of Okla- Stephen D. Beam, Weatherford homa. Ms. Deason has The Joe Stamper Distin- overseen the creation and guished Service Award hon- implementation of several ors those individuals who programs assisting stu- volunteer countless hours to dents in underprivileged further the goals of the Okla- areas. She led the charge homa Bar Association. Ste- in creating two programs phen D. Beam of Weather- at Emerson Alternative School, which serves ford is this year’s recipient Oklahoma City-area high school students at high for his long list of contribu- risk of dropping out. She organized two separate tions and services to the fundraisers and challenged fellow lawyers to legal profession. Mr. Beam, contribute, raising more than $20,000 for the pur- who served as OBA presi- chase of badly needed art supplies and technol- dent in 2007, has served the association in a ogy equipment for the school. Ms. Deason was number of capacities, including five years on the also the driving force in a project benefiting Board of Governors, vice president in 2003 and another Oklahoma City high school. While North- chaired numerous OBA committees. His contri- west Classen High School has a marching band, butions have made positive long-term impacts many of its students are unable to afford musical on the OBA, including the creation of the presti- instruments of their own. Ms. Deason organized gious OBA Leadership Academy and the Wills for an effort to encourage donations of refurbished Heroes program. He served as an editor for the instruments along with raising additional funds to Oklahoma Bar Journal for six years and contrib- cover the cost of repairs to others. In the profes- uted to the creation of the Solo & Small Firm sional arena, she was instrumental in creating the Conference and the committee. In 2002, he co- Pro Se Waiver Divorce Docket clinic which assists chaired the Discipline Task Force which would pro se litigants whose legal documents were judi- lead to the creation of the Office of Ethics Coun- cially deemed insufficient to complete the sel and the Discipline Diversion Program. Both of divorce. Thousands of struggling families, many these programs have been successful in helping with young children, have been helped by this OBA members become more effective lawyers program. The clinic, a partnership between the who are better prepared to serve their clients. In OCU School of Law, Legal Aid Services of Okla-

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2063 homa, Oklahoma Child Support Services, Okla- twice and served as chair homa County Law Library Board and private and co-chair for numerous attorneys, also gives OCU law students valuable OBA committees. Mr. Baker experience. Ms. Deason graduated from the OU has chaired the Commit- College of Law in 2000. tee on Judicial Elections since 1998, filling a crucial NEIL E. BOGAN need for an unbiased PROFESSIONALISM AWARD forum to ensure fairness and integrity in the judicial Renée DeMoss, Tulsa election process. He also Renée DeMoss of Tulsa is served as Oklahoma Bar the recipient of the 2015 Neil Foundation president in 1992 and is an OBF Sus- E. Bogan Professionalism taining Fellow. He has received numerous awards Award for her continued from the OBA, including the Neil E. Bogan Profes- commitment to meeting sionalism Award, Golden Gavel Award and the high standards in the legal President’s Award. During Mr. Baker’s career, he profession. Over her more has served as a mentor and role model to count- than 30 years practicing less young attorneys, embodying ethical profes- law, she has demonstrated sionalism in the legal profession. He has also the highest levels of excel- served as a leader in the Stillwater community, lence and given her time serving in leadership roles in the OSU community, and heart to her profession and community. Ms. Chamber of Commerce, Stillwater United Way, DeMoss, who was OBA president in 2014, cur- Big Brothers and Big Sisters and Rotary. He also rently serves on the Board of Governors as imme- served in the military, as a JAG officer in the U.S. diate past president. She served as Oklahoma Army Reserves, retiring as a lieutenant colonel. Bar Foundation president in 2008. She has also Mr. Baker graduated from OSU in 1969 and the served as a leader in the Tulsa County Bar Asso- OU College of Law in 1972. He has three children, ciation, serving as its president in 2006-2007 and and he resides in Stillwater with his wife, Candy. as president of the Tulsa County Bar Foundation from 2007-2009. She was a member of the TCBA Board of Directors from 1999 to 2008. She has also notably served her community, active in Leader- General Assembly ship Tulsa, Big Brothers & Big Sisters of Green Country, the Nature Conservancy, United Way Friday, Nov. 6 and has served on the Board of Directors for Operation Aware and Tulsa Lawyers for Children. Ms. DeMoss has stated that one of her most significant and rewarding accomplishments has OUTSTANDING COUNTY BAR been her work and mentorship of at-risk students ASSOCIATION AWARD at Hamilton Middle School in the Tulsa commu- Tulsa County Bar Association, nity. She has continually demonstrated a strong D. Kenyon Williams, 2014-2015 President work ethic and a desire to give more than she receives from her community to make it a better The Tulsa County Bar Association is the 2015 place to live and work. Ms. DeMoss graduated recipient of the Outstanding County Bar Associa- from the OU College of Law in 1984. tion Award for its continued commitment to the community and its members. “Building Our JOHN SHIPP AWARD FOR ETHICS Future” was the association’s tagline for 2014- William J. Baker, Stillwater 2015, acknowledging the successful completion of a capital campaign aimed at revamping its William J. Baker of Stillwater is this year’s recipi- downtown Tulsa headquarters. This year, the ent of the John Shipp Award for Ethics. With more TCBA completes phase one of this major renova- than 40 years of legal experience, Mr. Baker has tion, giving the building a more modern exterior. supported the betterment of the legal profession Phase two to renovate the interior will be the through an exemplary record of ethical stan- association’s next project. The TCBA has provid- dards. He was 1997 Oklahoma Bar Association ed numerous community outreach programs, president, served on the Board of Governors including food drives, legal advice, charity fund-

2064 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 raisers, breast cancer awareness events and fields. Local students were invited to tour the more. The association has continued to serve its Payne County Jail and Courthouse, where they members by providing discounted or free con- observed a real trial in progress along with dem- tinuing legal education programs, practice sec- onstrations of narcotics searches and apprehen- tions, team sports and networking opportunities. sions presented by the Payne County Sheriff’s The TCBA is also committed to serving its mem- Department. The organization also hosted a bers in the future, having recently surveyed its legal advice clinic where bar members gave members to decide areas where the Long- free legal consultations in person at the local Range Planning Committee should focus. library, and members also participated in the statewide effort to provide legal advice by HICKS EPTON LAW DAY AWARD phone. The PCBA also hosted appreciation lun- Creek County Bar Association cheons and banquets to thank local county courthouse employees. A large percentage of Payne County Bar Association county bar members participated in the events, This year, six motivated Creek County Bar Asso- many volunteering at multiple events and serv- ciation members formed a task force to organize ing in leadership roles, admirably representing events and promote more involvement with the the legal profession in a positive light in the local association. During their endeavor to improve community. their organization, the six members discovered EARL SNEED AWARD the bylaws had been lost. They drafted new bylaws, held town meetings and eventually got William S. Leach, Tulsa them implemented. Since then member involve- Gail Stricklin, ment in meetings, which are now held monthly, Oklahoma City and networking events has improved drastically. This year’s Law Day events provided the perfect Williams S. “Bill” Leach of opportunity for the association to showcase its Tulsa is a recipient of the Earl reinvigoration. Creek County bar members orga- Sneed Award for his contin- nized more than 400 local elementary students ued commitment to legal to tour the courthouse and to hear presentations education, coordinating CLE from different judges who talked about the judi- programs for the past sever- cial system and its origins in the Magna Carta. al years. His programs are During this event, bar members were also hosting known for being reliable, “Burgers with the Bar” in downtown Sapulpa. This organized and consistent. was free and open to the public, giving the He has served as the coordi- CCBA a great public relations opportunity. The nator of a program spon- county’s Law Day celebrations culminated in an sored by the Tulsa County outdoor catered reception held at the bar presi- Bar Association that includes presentations from dent’s home where association members with 30 a panel of judges and justices; his skill in moder- or more years of service in the legal profession ating the panel has attracted the participation were recognized. The events were so successful of the highest levels of the state judiciary. This that Creek County bar members have already year he also presented the “Civil Update” for begun planning for Law Day 2016. judges attending the Oklahoma Annual Judicial Conference, assisting the judiciary in obtaining The Payne County Bar Association hosted sev- their required judicial education credits. His pre- eral events that brought the Stillwater communi- sentation was called “superb and even enter- ty and bar members together, and hundreds of taining while being organized and detailed” by Payne County citizens were directly served attending members of the judiciary. Mr. Leach through the association’s Law Day activities. The moderated multiple legal education programs PCBA hosted its annual charity bowling tourna- throughout the state, also including presenta- ment to raise funds for Legal Aid Services, sup- tions for the Tulsa County Bar Association, Okla- porting those who provide an invaluable service homa Bar Association and Oklahoma Business to the area’s vulnerable and low-income citi- Ethics Consortium. He earned his J.D. from the zens. Teams comprised of both lawyers and lay- OU College of Law in 1982. persons formed to compete in the tournament, and networking and socializing opportunities were enjoyed by professionals from a number of

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2065 Gail Stricklin of Oklahoma chair in 2014. He currently serves as YLD immedi- City is a recipient of the Earl ate past-chair. Through those years, Mr. Hennigh Sneed Award for her efforts served on numerous committees and throughout over several decades in the OBA and volunteered for YLD service proj- continuing legal education ects almost every year. He also helped establish related to domestic vio- the Oklahoma Lawyers for America’s Heroes in lence cases. She demon- 2011. During his service to the division, he also strates continued dedica- established a successful law practice serving all tion to developing CLE to of northwestern Oklahoma along with his two ensure lawyers do no further partners. He graduated from the OU College of harm to adults and children Law in 2003. who are victims of family violence. Ms. Stricklin has advocated that lawyers have an ethical OUTSTANDING SERVICE TO THE duty to screen for domestic violence, and that PUBLIC AWARD lawyers must understand the balance between David Bernstein, Norman; Noble McIntyre, confidentiality and the duty to protect potential Oklahoma City; Hugh Robert, Tulsa domestic violence victims. She also educates lawyers in assessing the danger and lethality risk Michael C. Turpen, Oklahoma City to victims and how to assist clients in developing David Bernstein of Norman, a safety plan or make an appropriate referral. Noble McIntyre of Oklahoma She also was instrumental in the passage of S.B. City and Hugh Robert of Tulsa 460 this year, which requires that all “court are jointly the recipients of the experts” in domestic violence, stalking and Outstanding Service to the harassment cases must receive 16 hours of train- Public Award as the three ating about these issues. Soon after the bill was torney co-founders of “Law- passed, Ms. Stricklin assembled a task force to yers Fighting Hunger,” a 501(c) flesh out the curriculum necessary to satisfy the (3) nonprofit organization training requirement. For more than a decade dedicated to fighting hunger she has served as the OBA representative on the David Bernstein in Oklahoma. The organiza- statewide Domestic Violence Fatality Review tion was unofficially founded in 2009 when a and Child Death Review Boards. She also serves number of community ser- on the Oklahoma County Domestic Violence vice agencies suffered fund- Post-Adjudication Review Board. Her efforts have ing cuts that prevented the been recognized by Oklahoma County CASA, agencies from providing Oklahoma County Bar – Howard K. Berry Sr. holiday meals to hundreds Award, Oklahoma Professional Society on the of needy Oklahomans, as Abuse of Children and the Coalition Against had been the practice. This Domestic and Sexual Violence. Ms. Stricklin earned group of lawyers banded her J.D. from the TU College of Law in 1979. together to raise funds to OUTSTANDING YOUNG LAWYER purchase holiday turkeys that went directly to vulner- AWARD able families. Noble McIntyre Kaleb Hennigh, Enid In 2010 the event was made even bigger. More Kaleb Hennigh of Enid is than 50 firms and attorneys contributed to the the recipient of the Out- effort and more than 750 standing Young Lawyer boxes of pre-packaged Award for 2015. Mr. Hennigh Thanksgiving meals were began serving the OBA YLD purchased and distributed in a leadership capacity in in Norman, Oklahoma City 2008 as a member of the and Tulsa. Each box con- Board of Directors. He tained everything needed began serving on the divi- for a family of four to enjoy sion’s executive team in a very good Thanksgiving 2011 as secretary; treasurer, meal. More than $30,000 was 2012; chair-elect, 2013; and ultimately as the YLD Hugh Robert raised from lawyers/members

2066 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 of the Oklahoma Association for Justice, which raised funds to establish the Lyric Theater’s reno- was used to purchase the meals. Those generous vation of the old Plaza Theater and the building financial commitments came from lawyers all over of the Thelma Gaylord Academy for musical the state and allowed the group to provide food theater training for young aspiring actors. In for 3,000 hungry Oklahomans. 2014, he was co-chair for the Allied Arts Cam- paign. He is a successful fundraiser for many Since 2010, the annual holiday food give- worthy causes, including Legal Aid Services of aways in Oklahoma City and Tulsa have grown Oklahoma. He is also known as an inspiring and larger every year. Lawyers in smaller communities dynamic public speaker, frequently reciting his such as McAlester and El Reno are also partner- personal motto, “If you ain’t givin’, you ain’t ing with Lawyers Fighting Hunger to host events. livin’.” Both a respected lawyer and public ser- The pre-holiday food giveaways are festive vant, he has shown that by focusing his leader- events where families may come to eat hot dogs ship skills on a broad range of civic activities, he and hamburgers and play games while picking can have a huge impact on our state’s quality of up their ready-to-prepare meals and/or turkeys. life as a true civic leader. He is a 1974 graduate Over $80,000 was raised last year from more than of the TU College of Law. 100 different Oklahoma law firms which provided for funds necessary to provide more than 5,000 AWARD FOR OUTSTANDING turkeys in addition to food boxes. In addition PRO BONO SERVICE over 10,000 hamburgers and hot dogs were served at the five distribution sites in Oklahoma Bruce Peabody, Bartlesville City, Norman, Tulsa, El Reno and Mustang. Over The Award for Outstanding Pro Bono Service is the past 6 years more than $400,000 has been presented to Bruce Peabody of Bartlesville for his raised. The giveaways have also expanded to dedication to assisting those in need. Mr. Pea- incorporate the Easter holiday, when hams are body is known for taking the most difficult divorce distributed. Partnerships with local food banks and paternity cases, not just the simple ones. and pantries have also been formed, as well as Through his willingness to help those in need, he with the OBA Women in Law Committee, who has had a positive impact on the lives of many donated and stuffed thousands of Easter eggs indigent and vulnerable people in his community. with treats for children attending the Easter ham Mr. Peabody has long believed everyone should giveaway event. have equal access to the justice system. He Because of the hard work, generosity and graduated from the OU College of Law in 1975. inspirational leadership of these three lawyers, thousands of Oklahomans every year, including GOLDEN QUILL AWARD hundreds of children, get to experience the sim- Alvin Harrell, Oklahoma City ple joy of a holiday meal. Collin Walke, Edmond Michael C. Turpen is well known for his professional Alvin Harrell receives the accomplishments, and he is 2015 Golden Quill Award for also an established leader his article titled “Electronic for the state of Oklahoma. Commerce and Incorpora- He has been a longtime tion by Reference in Con- supporter of Oklahoma tract Law,” which will be academics, leading multi- published in the Nov. 21, ple fundraising campaigns 2015, issue of the Oklahoma to help provide for scholar- Bar Journal. Mr. Harrell is cur- ships and funding for arts rently a professor of law at programs across the state. the OCU School of Law. His In 2015, Mr. Turpen raised more than $500,000 to primary focus is finances, in- fund scholarships for Oklahoma’s college stu- cluding bankruptcy, electronic commerce and dents to help alleviate student debt. He is a consumer law. Mr. Harrell clerked for Chief Judge member of many civic and legal organizations, Alfred P. Murrah of the United States Court of and serves on a variety of nonprofit boards and Appeals for the 10th Circuit. He is chair of an commissions. He was recently named as co- American Bar Association subcommittee and chair for the Oklahoma City’s 2015 United Way the ABA Task Force on Certificate of Title Laws; is Campaign. He is devoted to the arts, having executive director of the Conference on Con-

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2067 sumer Finance Law and a member of its Govern- ing Committee; participates in several committees involved in redrafting portions of the Uniform OBA Awards: Commercial Code and related laws; and is a member of the American College of Consumer Individuals for Whom Awards are Named Financial Services Lawyers and the American (cont’d from page 2061) College of Commercial Finance Lawyers. Mr. Harrell also serves as the editor of The Consumer (JOHN E. SHIPP cont.) He had served two terms on Finance Law Quarterly Report and The Annual the OBA Professional Responsibility Commission, Survey of Consumer Financial Services Law in The serving as chairman for one year, and served two Business Lawyer. He earned his J.D. from the OCU years on the Professional Responsibility Tribunal, School of Law in 1972. He also holds an LL.M from serving as chief-master. The OBA’s Award for Ethics Southern Methodist University. bears his name. Collin Walke is a recipient EARL SNEED — Earl Sneed served the University of the 2015 Golden Quill of Oklahoma College of Law as a distinguished Award for his article titled teacher and dean. Mr. Sneed came to OU as a faculty “Paragraphs and Indenta- member in 1945 and was praised for his enthusiastic tion: Formatting for Persua- teaching ability. When Mr. Sneed was appointed in sive Writing,” which was 1950 to lead the law school as dean, he was just 37 published in the Feb. 14, years old and one of the youngest deans in the nation. 2015, issue of the Oklahoma After his retirement from academia in 1965, he played Bar Journal. Mr. Walke prac- a major role in fundraising efforts for the law center. tices with the firm of Ruben- The OBA’s Continuing Legal Education Award is stein & Pitts PLLC in Edmond. named in his honor. His practice is focused in the areas of business litigation, family law and per- JOE STAMPER — Joe Stamper of Antlers retired in sonal injury. In addition to having successfully 2003 after 68 years of practicing law. He is credited represented many small businesses and profes- with being a personal motivating force behind the sionals in litigation, he has achieved numerous creation of OUJI and the Oklahoma Civil Uniform professional accolades. He currently chairs the Jury Instructions Committee. Mr. Stamper was also OBA Appellate Practice Section and OBA Solo & instrumental in creating the position of OBA general Small Firm Conference Planning Committee. He counsel to handle attorney discipline. He served on is a graduate of the OBA Leadership Academy both the ABA and OBA Board of Governors and and is a regular contributor to various Oklahoma represented Oklahoma at the ABA House of Dele- legal publications. He graduated magna cum gates for 17 years. His eloquent remarks were legend- laude from the OCU School of Law in 2008. ary, and he is credited with giving Oklahoma a voice and a face at the national level. The OBA’s Distin- guished Service Award is named to honor him. ALMA WILSON — Alma Wilson was the first woman to be appointed as a justice to the Supreme Court of Oklahoma in 1982 and became its first female chief justice in 1995. She first practiced law in Pauls Valley, where she grew up. Her first judicial appointment was as special judge sitting in Garvin and McClain Counties, later district judge for Cleve- land County and served for six years on the Court of Tax Review. She was known for her contributions to the educational needs of juveniles and children at risk, and she was a leader in proposing an alternative school project in Oklahoma City, which is now named the Alma Wilson SeeWorth Academy. The OBA’s Alma Wilson Award honors a bar member who has made a significant contribution to improving the lives of Oklahoma children.

2068 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 TITLE EXAMINATION STANDARDS 2015 Report of the Title Examination Standards Committee of the Real Property Law Section

Proposed Amendments to Title Standards for been recorded in the county clerk’s office 2015, to be presented for approval by the House of in the county in which the power of Delegates, Oklahoma Bar Association at the Annu- attorney was recorded. al Meeting, November 6, 2015. Additions are Authority: 15 O.S. §§ 1001-1020; 16 O.S. §§ underlined, deletions are indicated by strikeout. 3, 20, 21, 27a and 53; 58 O.S. § 1071 et. seq. The Title Examination Standards Sub-Com- E. An instrument that otherwise conforms mittee of the Real Property Law Section pro- with the provisions of Paragraph “A” poses the following revisions and additions above fails to vest title in the grantee if, to the Title Standards for action by the Real prior to November 1, 2015, the power of Property Law Section at its annual meeting in attorney has terminated by law by rea- Oklahoma City on Thursday, November 5, 2015. son of the appointment of a conservator Proposals approved by the Section will be or guardian of the principal as set out presented to the House of Delegates at the below: OBA Annual Meeting on Friday, November 6, 1. For a durable power of attorney which 2015. Proposals adopted by the House of Del- does not contain a nomination of the egates become effective immediately. person to act as conservator or guard- An explanatory note precedes each proposed ian, such power of attorney terminates Title Standard, indicating the nature and rea- by reason of the appointment, on or son for the change proposed. after November 1, 2010, of a conserva- Proposal No. 1 tor of the estate, or guardian of the estate, of the principal in such power The Committee proposes an amendment to Stan- of attorney and upon notice of such dard No. 6.7 to add a new Standard 6.7 D., and to appointment as required by statute; or amend Standard 6.7 C. and E. to reflect the changes in the statute to which the Standard applies. 2. For a durable power of attorney containing a nomination of the person to C. An instrument that otherwise conforms act as conservator or guardian, such with the provisions of Paragraph “A” power of attorney terminates by rea- above fails to vest title in the grantee if, son of the appointment, on or after prior to November 1, 2015, the power of November 1, 2010, of a conservator of attorney has otherwise terminated by the estate, or guardian of the estate or law and such termination either appears guardian of the person, of the princi- in the abstract or is within the personal pal in accordance with such nomina- knowledge of the examiner. tion contained in the power of attorney D. An instrument that otherwise conforms upon notice of such appointment as with the provisions of Paragraph “A” required by statute. above fails to vest title in the grantee if, Authority: 58 O.S. § 1074. on or after November 1, 2015, notice of revocation of the power of attorney has

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2069 Proposal No. 2 deed has been changed via a subsequent The Committee proposes to add new Standard transfer-on-death deed pursuant to the No. 15.2.1 to clarify who is a proper grantor of con- provisions of the Act. veyance by an Express Private Trust or the Trustee Authority: 58 O.S. § 1251, et seq. of an Express Private Trust. Comment 1: On and after November 1, 15.2.1 CONVEYANCES BY AN EXPRESS 2008, through October 31, 2011, a dis- PRIVATE TRUST OR BY THE TRUSTEE claimer under the provisions of the Act OR TRUSTEES OF AN EXPRESS PRIVATE may be executed only within a period of TRUST time ending nine (9) months after the A. When record title to real property is held death of the owner/grantor. On and in the name of a trustee or trustees of a after April 20, 2015, for deaths occurring named express private trust, a subse- prior to November 1, 2011 and for which quent, otherwise valid, conveyance there is no disclaimer of interest in the identifying such trust as the grantor, real estate, the recording of the accep- rather than the trustee or trustees of such tance affidavit is not subject to the nine- trust as the grantor, shall not be deemed month limitation set out in Section to be a defect of title, subject to compli- 1252(D). On and after November 1, 2011, ance with 60 O.S. § 175.6a. the property reverts to the estate of the deceased grantor if the affidavit B. When record title to real property is held described in § 1252 C and D is not rein the name of an express private trust, corded within nine (9) months of the rather than in the trustee or trustees of grantor’s death. such trust, a subsequent, otherwise valid, conveyance identifying the trustee Proposal No. 4 or trustees of the named trust as the The Committee recommends a new Caveat be grantor shall not be deemed to be a included as a preamble to Standard 25.5 to reflect defect of title, subject to compliance with the current uncertainty of the status of Oklahoma 60 O.S. § 175.6a. estate tax liens. Authority: 16 O.S. § 1 and 60 O.S. §§ 25.5 OKLAHOMA ESTATE TAX LIEN 175.6a, 175.7, 175.16, 175.17, 175.24, and Caveat: Generally, the Oklahoma estate tax 175.45. was repealed for deaths occurring on or after Proposal No. 3 January 1, 2010. No estate tax lien attaches to The Committee recommends that Comment No. 1 real property passing from the decedents dying of Standard 17.4 be amended to accurately reflect January 1, 2010, and after, and no estate tax the provisions of the Non-Testamentary Transfer of release is required to render such real property Property Act as they have been amended from time marketable under these title standards. 68 O.S. to time and the comments renumbered. § 804.1 Estate tax lien obligations for decedents 17.4 Transfer-on-Death Deeds dying prior to January 1, 2010 remain in effect. A deed appearing of record executed in 68 O.S. § 804.1. accordance with the “Non-Testamentary Trans- The Oklahoma estate tax survives for death fer of Property Act” should be accepted as a occurring subsequent to January 1, 2010, to the conveyance of grantor’s interest in the real extent the Oklahoma estate tax may be imposed property described in such deed effective upon due to the interaction of the Oklahoma statutes the death of the grantor, provided that an affi- and the computed Federal estate tax credit for davit evidencing the death of such grantor has state estate and inheritances allowable in the been recorded, as specified in the Act, and no computation of Federal estate taxes on the Fed- evidence appears of record by which: eral estate tax return 68 O.S. § 804. Pursuant to A. The conveyance represented by such 68 O.S. § 804.1, no estate tax lien attaches to any deed has otherwise been revoked, dis- property for deaths occurring on or after Janu- claimed or has lapsed pursuant to the ary 1, 2010. provisions of the Act; or Prior to the repeal effective January 1, 2010, B. The designation of the grantee benefi- Oklahoma statutes (former 68 O.S. § 815 C) ciary or grantee beneficiaries in such provided that “no assessment of inheritance,

2070 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 estate or transfer tax shall be made subsequent 30.14 FEDERAL COURT PROCEEDINGS to the lapse of ten (10) years after the date of A. Pr e-1958: For lands under examination the death of any decedent.” Oklahoma Tax which are located in any of the counties Commission Regulation OAC 710: 35-3-9 pro- located in the multi-county jurisdiction vides that the Oklahoma estate tax lien is extin- of a federal district court, there must be guished upon the expiration of ten (10) years a federal district court certificate cover- from the date of the death of the decedent ing from inception of title (i.e. Sover- unless a tax warrant is filed. However, former eignty) to August 19, 1958. 68 O.S. § 815 C was repealed in its entirety effective January 1, 2010, and there appears to B. 1958-1977: For lands under examination be no other statutory authority for the extin- which are located in the same county, guishment of estate tax liens ten (10) years after where the federal district court is locat- death. ed, there must be a federal district court certificate covering from August 20, 1958 Upon written request, the Oklahoma Tax to September 30, 1977. Commission continues to issue the ten (10) year letter which certifies that there are no C. Post 1977: For any land under examina- unpaid assessments of Oklahoma estate or tion, there is no need for a separate fed- transfer taxes for a specific decedent deceased eral district court certification for the more than ten (10) years. The ten (10) year OTC period after September 30, 1977. letter cites the now repealed 68 O.S. § 815 as Comment: Although the 30-year Mar- authority. ketable Record Title Act (16 O.S. §§ 71 to The issue is under continuing review. 79) may eliminate the impact of some of the matters in the federal district court Proposal No. 5 arising in the earlier period of time (i.e. The Committee recommends an amendment to pre-1977), the express exceptions to the the Comment of Standard No. 30.14 to accurately extinguishing effect of the MRTA (e.g. reflect the operation that the Market Record Title “easements” and “any right, title, or inter- Act may have on certain interests. est of the United States by reason of failure to file the notice herein required”) cause such matters (such as judgments) to continue to impact the title in the present. www.okbar.org Your source for OBA news.

At Home At Work And on the Go

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2071 TOP 5 REASONS TO ATTEND OBA ANNUAL MEETING

“I go to the bar Meet new people and build your reputation meeting every year to in the legal community keep informed about the issues facing the bar and to Introduce yourself and let other attorneys catch up with colleagues from know what you’re all about. You may make around the state. For younger some lifelong friends, beneficial connections attorneys, the Annual Meeting is a 1 or even get some referrals! great opportunity to network and gain valuable perspective on the work the bar does.” - John Nobles, Tulsa Reconnect with colleagues Spend time at Annual Meeting catching “I look forward to Annual Meeting |up with attorneys you haven’t seen in a every year to catch up while. Annual Meeting may be your only with friends and colleagues. 2 chance during the entire year to see The relationships I have built these people face to face! through the OBA have not only been invaluable to my practice, but also to my work-life balance.” Learn new things - Faye Rodgers, Edmond Get all your CLE for the year; be inspired by the Annual Luncheon keynote speaker, OBA Annual Meeting is Eric Liu; and catch up on bar business at the one the few opportunities 3 General Assembly and House of Delegates that lawyers have to get a up- meeting. close, realistic glimpse of the work- ings of the OBA and meet lawyers from all over our great state and even possibly across state lines. I recall very Connect with vendors clearly my first Annual Meeting. I felt over- whelmed, but I also recall leaving While you’re at Annual Meeting, make sure feeling a sense of urgency to get more to stop by and visit with the vendors. These involved. Afterward, there was no companies offer services and products that looking back, and I began to find 4 will enhance your practice, and many of ways to serve. them offer OBA member benefits. - Kara Smith, Oklahoma City

I began attending Have fun! Oklahoma Bar Con- ventions my first year of Believe it or not, the Annual Meeting isn’t all law school and haven’t business! Wednesday evening’s President’s missed many since. I always Reception and The OBA Sections’ “It’s Five greet friends, meet new people and learn O’Clock Somewhere” event on Thursday something new. 5 evening will both be a blast (as well as good networking opportunities). And afterward, - Kent Ryals, Vinita mingle with friends in the Hospitality Suites.

2072 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2073 EASY WAYS 4 TO REGISTER ONLINE Register online at www.amokbar.org MAIL FORM OBA Annual Meeting, PO Box 53036, Okla. City, OK 73152 FAX FORM 405-416-7092 PHONE/EMAIL Call Mark at 405-416-7026 or 800-522-8065 or email [email protected]

YES! Register me for the 2015 Annual Meeting, Nov. 4-6 in Oklahoma City. Registration fee includes: Wednesday & Thursday continental breakfast in hospitality area, President’s Reception, afternoon snacks in hospitality area, OBA Sections “It’s Five O’Clock Somewhere” Thursday reception, convention gift & Vendors Expo.

CANCELLATION HOTEL LOCATION POLICY ACCOMMODATIONS Most activities will take place at the Sheraton Oklahoma City Full refunds will be given Fees do not include hotel accom- Downtown Hotel, One N. Broad- through Oct. 28, 2015. modations. For reservations call the way Ave. in Oklahoma City. No refunds will be issued Sheraton Hotel at 405-235-2780 or 800- after that date. 325-3535. Call by Oct. 13 and ask for the special Oklahoma Bar SPECIAL NEEDS Association rate of $109 per night. Please notify the OBA at least one week in advance if you For online reservations, go to have a special need and require www.starwoodmeeting.com/ accommodation. Book/OBA2015 MATERIALS You will receive electronic CLE materials in advance of the seminar.

2074 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 REGISTRATION Please complete a separate form for each registrant.

Name ______Email ______Badge Name (if different from roster)______Bar No.______Address ______City______State______Zip______Phone______

Name of Non-Attorney Guest ______Please change my OBA roster information to the information above. q Yes q No

Check all that apply: m Judiciary m Delegate m Alternate m MEMBER: $65 through Oct. 13; $90 after Oct. 13...... $ ______m NEW MEMBER (Admitted after Jan. 1, 2015): Free through Oct. 13; $30 after Oct. 13...... $ ______I will attend the following ticketed events in addition to my registration fee: m Elder Fraud ($75 through Oct. 13; $100 after Oct. 13) Wednesday morning free for Master Lawyers Section members) 3 hours MCLE/1 Ethics $25 for new members through Oct. 13; $50 after Oct. 13...... $ ______m Legal Tips ($150 through Oct. 13; $175 after Oct. 13) Wednesday all day $50 for new members through Oct. 13; $75 after Oct. 13...... $ ______6 hours MCLE/1 Ethics m Appeals ($75 through Oct. 13; $100 after Oct. 13) Wednesday afternoon (free for Appellate Practice Section members) 3 hours MCLE/.5 Ethics $25 for new members through Oct. 13; $50 after Oct. 13...... $ ______m Rock n’ Roll Law ($75 through Oct. 13; $100 after Oct. 13) Wednesday afternoon $25 for new members through Oct. 13; $50 after Oct. 13...... $ ______3 hours MCLE/1 Ethics m Plenary ($75 through Oct. 13; $100 after Oct. 13) Thursday morning $25 for new members through Oct. 13; $50 after Oct. 13...... $ ______3 hours MCLE/1 Ethics m Annual Luncheon (___ number of tickets @ $35 each)...... $ ______Thursday Price includes meeting registration discount m President’s Breakfast (___ number of tickets @ $25 each)...... $ ______Friday I will attend the following ticketed events that do NOT require Annual Meeting registration: m Wednesday: Law School Luncheon m OCU $40 m OU $35 m TU $40 (___ number of tickets @ $35 or $40 each)...... $ ______m Thursday: Annual Luncheon (___ number of tickets @ $55 each)...... $ ______

TOTAL COST $ ______PAYMENT OPTIONS: m Check enclosed: Payable to Oklahoma Bar Association Credit card: m VISA m Mastercard m American Express m Discover

Card #______CVV#______Exp. Date______

Authorized Signature ______

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2075 SECTION NOTE

Master Lawyers Section New Community Contribution Committee to Offer Service By Barbara A. Sears

BAM! (Become A Member — Become A Mas- est in working with Master Lawyers Section ter!) The OBA Master Lawyers Section is at it volunteers, obtaining a description of their again! Earlier this year we introduced you to specific needs and developing a list of poten- this new section, and now we tial volunteer opportunities. Ini- are pleased to introduce you to tially, through a written form the section’s Community Contri- process, we will ask the organi- bution Committee. zations to document for us when a section member volun- As a reminder, the Master teers for them and describe Lawyers Section is open to all One of the what work was done. This will OBA members who are either 55 allow us to keep track of where years or older, or who have prac- best ways we can our members volunteer and al- ticed law for 30 years or more, low us to obtain feedback from for an annual fee of $20, includ- put our experience the organizations. ing eligible lawyers who are still and training to working, those who are thinking Similarly, we will provide our about retiring and those who use is through section members with their own have retired. During their ca- form to report their activities. reers, attorneys who qualify for service to our This will let us know which this section have developed in- communities. members are already volunteer- valuable skills and expertise in ing in their communities and for the law, as well as other areas, what specific organizations, al- and have much to contribute to low us to potentially add more society as a result. organizations to our list and help us further track our mem- One of the best ways we can put our experi- bers’ volunteer activities. It is critical that we ence and training to use is through service to know where our members are volunteering. To our communities. Enter the Community Con- double check, we will also send out a monthly tribution Committee, which was set up to email to our members asking them to inform coordinate and provide information about us of any volunteer activities they performed volunteer opportunities to section members. that month. We hope that ultimately we will be The operation of this committee is in its fledg- able to make all forms and information avail- ling stages, but the first order of business is to able on the OBA website. make sure everyone is fully aware of the committee and its purposes! The activities of this committee will certainly not be limited to Oklahoma and Tulsa counties. We are currently gathering information from In partnership with our individual county bar specific organizations in Oklahoma and Tulsa associations, we intend to expand committee counties that have previously expressed inter-

2076 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 activities to help each of our counties develop their own lists of organizations needing volun- About The Author teer attorneys and identify section members Barbara Sears is the retired available to help. executive director of Tulsa Law- We look forward to achieving great success yers for Children, where she now with the Community Contribution Committee volunteers providing legal repre- and to keeping all OBA members aware of how sentation for children in juvenile their master lawyers are using their skills to court deprived actions. She is a contribute to their communities. member of the OBA Juvenile Law and Master Lawyers Sec- To obtain a master lawyers volunteer form, tions, Tulsa County Bar Association and TCBA Chil- contact me at [email protected]. dren & the Law Committee. She is currently the child’s attorney appointee to the Oklahoma Task Force on Child Abuse & Neglect and was a 2006 recipient of the Mona Salyer Lambird Spotlight Award from the OBA Women in Law Committee.

OKLAHOMA BAR JOURNAL EDITORIAL CALENDAR

n August 2015 Issues 2016 Issues Bankruptcy n November Editor: Amanda Grant n January Lawyers in Leadership [email protected] Meet Your OBA Editor: Melissa DeLacerda Deadline: May 1, 2016 Editor: Carol Manning [email protected] n September Deadline: Aug. 1, 2015 n February Bar Convention n December Probate Editor: Carol Manning Ethics & Professional Editor: Judge Allen Welch n October Responsibility [email protected] Real Property Editor: Shannon L. Prescott Deadline: Oct. 1, 2015 Editor: Shannon Prescott [email protected] [email protected] n Deadline: Aug. 1, 2015 March Deadline: May 1, 2016 Criminal Law Editor: Melissa DeLacerda n November [email protected] President’s Topic Deadline: Oct. 1, 2015 Editor: Melissa DeLacerda [email protected] n If you would like to April Deadline: Aug. 1, 2016 Law Day n December write an article on Editor: Carol Manning Ethics & Professional these topics, n May Responsibility Indian Law Editor: Renée DeMoss contact the editor. Editor: Leslie Taylor [email protected] [email protected] Deadline: Aug. 1, 2016 Deadline: Jan. 1, 2016

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2077 WOMEN IN LAW COMMITTEE

Five Honored with Mona Salyer Lambird Spotlight Awards By Kimberly K. Hays

Since 1996, the Spotlight Awards have been given annually to five women who have distinguished themselves in the legal profession and who have lighted the way for other women. The award was later renamed to honor 1996 OBA President Mona Salyer Lambird, who died in 1999, and as the first woman to serve as OBA president, was one of the award’s first recipients. The award is sponsored by the OBA Women in Law Committee, which honored this year’s winners at its Sept. 18 Women in Law At the Sept. 18 Women in Law Conference are (from left) OBA President Conference in Oklahoma City. David Poarch, with honorees Judge Lisa Hammond, Kelly Greenough, Alison Each year all previous winners Cave, Karen Rieger, Judge Barbara Swinton and Women in Law Committee nominate and select the current Chair Kim Hays. year’s recipients. A plaque bear- ing the names of all recipients of Law. She created an appellate ning and implementation of the hangs at the Oklahoma Bar Cen- college seminar taught by mem- Integrated Domestic Violence ter in Oklahoma City. The 2015 bers and staff of the Oklahoma Court, which is the first in Okla- recipients are: Supreme Court and Courts of homa. She is the project manager Appeals for the Appellate Law for the Tulsa County District ALISON A. CAVE Section and the Litigation Sec- Court’s federal grant to plan and Alison Cave graduated from tion. She authored a case study implement an integrated domes- the University of Oklahoma Col- for use at a trial college for the tic violence court. She received lege of Law in 1985 and began 2013 OBA Solo & Small Firm a bachelor’s degree in political her career by serving as a law Conference. She has written science from Oklahoma State clerk with Justice Yvonne Kauger many legal articles for the University in 1985. In 1992, she of the Oklahoma Supreme Court. Oklahoma Bar Journal on an earned a juris doctorate degree She also worked as a clerk with array of topics such as profes- from the University of Tulsa Col- Judge Carl Jones of the Court of sional liability, trial skills, ap- lege of Law and has been an Civil Appeals. In 2008, she joined pellate practice, insurance and active member of the bar since the Oklahoma Attorneys Mutual social media in the law. She then. Her work experiences Insurance Co. as vice president of currently serves as president of include representing employers claims and now serves as senior the Sovereignty Symposium. and insurance carriers before the Workers’ Compensation Court, vice president. She has taught KELLY GREENOUGH legal research and writing and Oklahoma Court of Civil Appeals appellate advocacy to law stu- Kelly Greenough is the Tulsa and Oklahoma Supreme Court. dents as an adjunct professor at County Domestic Violence Court As an assistant public defender in Oklahoma City University School director. As project manager, she Tulsa County, she represented is responsible for design, plan- children in high-conflict divorce

2078 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 cases and adoptions. She is a KAREN S. RIEGER over a civil docket. She serves as member of American Inns of Oklahoma Judicial Conference Karen Rieger graduated from Court, Council Oak/Johnson- president and was past chairman the University of Oklahoma Col- Sontag Chapter. Her volunteer of the Oklahoma Trial Judges lege of Law in 1981. She became a and community interests include Association. She is president-elect director/shareholder at Crowe & PTA and as a sustaining member of the Oklahoma County Bar Dunlevy in 1987 and remains of the Junior League of Tulsa. Association and currently serves there today as chair of the firm’s on the board. She is a master with LISA HAMMOND health law practice group. She the Luther Bohanan Inn of Court currently serves as chair of the Judge Lisa Hammond graduat- and is an adjunct professor at the OBA Health Law Section, an ed from the University of Okla- OCU School of Law. Judge Swin- adjunct professor of health law homa College of Law in 1988. ton is also a longtime member of at OU College of Law and is an Judge Hammond was appointed the Downtown Exchange Center associate bar examiner for the to the office of Oklahoma County for the Prevention of Child Abuse Oklahoma Board of Bar Examin- Special District Judge in July having served as former presi- ers. She received the Leadership 2001, serving in juvenile court as dent and district representative. in Law Award and was recog- well as on the family and crimi- She serves on the board of direc- nized twice as a finalist for the nal dockets, in addition to the tors of Justice Alma Wilson See- Woman of the Year Award by the drug court program. She is a past worth Academy and Board of Journal Record. In addition to her president and board member of Deacons for Crown Heights dedication to the legal profession, the Downtown Exchange Club Christians Church. She is the she has been actively and contin- Center for the Prevention of 2007 recipient of the Leadership uously involved in civic and Child Abuse, a past commission- in Law award from the Journal community organizations. She er on the Oklahoma Commission Record. serves on the board of the Okla- on Children and Youth and a past homa Cerebral Palsy Commission board of directors member for About The Author and was the 2014 president of the Peppers Ranch (which focuses on Catholic Foundation of Oklaho- foster children’s needs). For sev- Kimberly ma’s board of directors. She has eral years she has gone on Rotary K. Hays is a also served as the honorary chair- Club 29’s trips to provide assis- family law man for the annual fundraising tance to children in Hungary and attorney who for “Sanctuary,” the new develop- Romania. Judge Hammond has practices in ment center for homeless women received two Oklahoma County Tulsa and in Norman, where she lives. Bar Association awards: the serves as the 2014 YLD Beacon Award and the BARBARA SWINTON 2015 OBA 2015 Friends of Young Lawyers Judge Barbara Swinton gradu- Women in Law chairperson. She Award. Prior to taking the bench, ated from the Georgia State Uni- has held many OBA and Tulsa she was an assistant district attor- versity School of Law in 1991. County Bar Association leader- ney and a special assistant U.S. Judge Swinton has been on the ship positions, including a term attorney prosecuting organized bench for 19 years. She served as on the OBA Board of Governors. crime drug cases. She is a master a special judge from 1996 to 2002, She has a bachelor’s degree from member of the Ruth Bader Gins- and in 2002 she was elected as a Oklahoma State University and a burg American Inn of Court. district judge for Oklahoma law degree from the University of County. She currently presides Kansas School of Law.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2079 BOARD OF BAR EXAMINERS

New Lawyers Take Oath oard of Bar Examiners Chairperson Scott E. Williams announces that 203 applicants who took the Oklahoma Bar Examination on July 28-29, 2015, were admitted to the Oklahoma Bar Asso- Bciation on Tuesday, Sept. 22, 2015, or by proxy at a later date. Oklahoma Supreme Court Chief Justice John Reif administered the Oath of Attorney to the candidates at a swearing-in ceremony at the Oklahoma Capitol. A total of 307 applicants took the examination. Other members of the Oklahoma Board of Bar Examiners are Vice-Chairperson Monte Brown, McAl- ester; Stephanie Parker Jones, Clinton; Robert D. Long, Ardmore; Bryan Morris, Ada; Loretta F. Radford, Tulsa; Roger Rinehart, El Reno; Donna L. Smith, Miami; and Thomas M. Wright, Muskogee. The new admittees are:

Stephanie Michele Alleman Kyle Patrick Sebastian Corey Thomas Brennan Beauregard Lydia R. Anderson Jonathan Lamar Brewer Brice Daniel Beckwith John Robert Andrew Robert Cawyer Brossett Leslie Alan Bennett Jr. Kayla Donn Argo Lauren Elizabeth Brown Ryan David Berry Katie Suzanne Arnold Jessica Alexandra Buchanan James Joseph Biscone Johnathon R. Arrowood David Colin Buckles Kaleb T. Boese Blake William Bugg Theresa Marie Bullard Lindsey Erin Campbell Grant Allen Carpenter Jessica Erin Mannes Carson Brian Davis Carter Andrew Michael-Don Casey Evan Dean Chambers Natalia Terese Collins Quinn Anne Cooper Ky Dowdy Corley Charles Bretton Crane Jr. Law school students from the OCU School of Law take their oath. Jimmy Lance Culver Morgan Rose Currey-Smith Clayton Matthew Baker John Robert Bomhoff Joel Stephen Dash Marcus Anthony Barahona Kami R. Boyt-Mirc Danielle Christine Davis Brian Jackson Barrett Adam Scott Breipohl Myriah Seyon Downs

2080 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Michael Alexander Arthur Duncan Stephen Lee Edge Mark Adam Engel Hassan Jamil Essaili Bryce Allen Evans Zachary Lee Farris Jenny Michelle Fehring Riane Taylor Fern Justin Matthew Fields Karrie Danielle Fields

Adair Kathleen Fincher Students from the OU College of Law take the oath to become lawyers. Sadie Jo Fisher Jonathan Mark Jarvie Harris Caleb William Koos Christopher James Flail Adriana Lauren Hartley Kathleena Marie Kruck Samantha Star Fleming Hattie Leah Hartman Alexander Edward Lane Brooke Allison Folsom Kenneth Joseph Hashimoto Lacie DeLaine Lawson Evan Ross Freeman Brandi M. Haskins Jordan Michael LePage Mark David Freudenheim Valeriia Vitaliyivna Hatami Curtis William Little Sun Harrison Howard Garlick Keenan P. Haught Lindsay Jordan Lucas John Thomas Gartrell Hillary Anne Hellmann Anna Christine Lukeman Tyler Lee Gentry Roderick Vernard Hinton Benjamin Lee Lundquist Khadija Kamal Ghani Alan William Hudson Valeria Gabrielle Luster Mary Kathleen Goff Katherine Welcome Hunter Jena Lynn Malone Ryan Patrick Goodwin Christopher John Ippoliti Mithun Suresh Mansinghani Morgan Elizabeth Graham Elizabeth Tu Isaacs Lauren Michele Marciano Tamara Rachelle Green Chantel Patrice James Cody K. Marriott Ashley P. Gregg Logan Lawrence James Jacob Ronald Masters Carly Marie Haiduk Blake Garrison Johnson Lauren Marie Mauer Erica Kate Halley Chad Johnson Brent Earl Mayes John Tyler Hammons Joseph Blake Johnson Alexandria Gabrielle Mayfield Kathryn Michelle Hamstra Joel Phillips Johnston Molly Elizabeth McClure Bonnie Virginia Hand Hayley Beth Jones Colin Andrew McCormick Bria Alysse Hanlon Harry S. Jordan IV Sean Richard McDivitt Luke Joseph Hann Courtney Louise Kelley Melissa Ryan McDuffey Theodore Michael Hans III Samantha LeAnne Key Kenda Hailey McIntosh Stephanie Anne Hansen Philip Conner Kirtley Jeremy Glen McKinney Randi Dawn Gardner Hardin Mary Jeannette Knopp Law Watson Pryor McMeans

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2081 Drew DeMont McNeil Ashley Marie Schovanec Brett Matthew Thomas Madison Ruth Melon Kaitlyn Elizabeth Schrick Nicholas Edwin Thurman Kristin Diane Meloni Deborah D. Scroggins Bobby Joe Trail Paige Lynn Miller Elaine Nicole Seay Philip Stuart Traynor Ethan Taylor Mock Mary Alexandra Shipley Kaitlyn Michelle Trout Hilary Marie Moffett Jonathan Michael Shirley Frank A. Urbanic III Kyle Jon Moon Breanne Markey Sigler Kate Elizabeth Vetterick Anne Marie Mulder Joshua David Simpson Jeffrey Lane Vogt Morgan Nicole Munoz Erin Colleen Smith Eric Payson Warner Jesse Thomas Muth Daron Bryce Southerland Amanda Rose Webb Sarah Abigail Nathan Timothy M. Sowecke Chase Christopher Webb Alyssa M. Novak Tyler Allen Squires Hope Danielle Weber Eric Greg Odom Sonia Srivastava Karl Anthony Wert Jeremy Scott Owens Sharity Denise Parham Igor Damien Petrovich Andrea Trish Pickryl Tayler Marie Pierce Barrett Lynn Powers Matthew Ryan Price Dru Aldric Prosser Miranda Sue Pugh Zachary Warren Ramsey Anthony J. Reding Robert Thomas Redwine TU College of Law and law school students from out of state take Cody Allen Reese the Oath of Attorney. Sadie Blair Richards Joshua Kenneth Riley Brian Rives Strickler Mary Patricia Tate Westman Alison Lee Roberts Hayley Neal Stephens Brenna Nicole Wiebe Ashley K. Roche Zachary Thomas Stuart Yasasvin Nandish Wijetilleke Rebecca Granata Ross Jason Bradley Supplee Bryson J. Williams Lauren Camille Ruff Blair L. Sutter Justin Ray Williams Katie Elizabeth Samples Wyatt Daniel Swinford Tyler Wayne Wilson Hannah Rachelle Scandy Alexander Robert Telarik Chase Harrell Woodley Nathalie Marielle Schaefer Alexandria Noel Temple

2082 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Enhance Your Networking, Join a 2016 OBA Committee It is time for all of us to come together and promote public confidence in the judicial branch of government. We need to work together. OBA committees will help with this project. Please consider joining a committee Standing and participate in educating the public on the history of our country and its three branches of government. Committees You benefit from the contacts you make, and the association benefits • Access to Justice from the work that is done. New members with fresh ideas are encour- Awards aged to become involved. Geography is a non-issue with today’s tech- • nology. Teleconferencing from your desk and videoconferencing in Tulsa • Bar Association make it easy to attend meetings if you can’t be there in person. Technology Sign up today. Option #1 – online at www.okbar.org, scroll down to the • Bar Center Facilities bottom of the page. Look for “Members” and click on “Join a Commit- tee.” Options #2 & #3 – Fill out this form and mail or fax as set forth below. • Bench and Bar I’ll be making appointments soon, so please sign up by Dec. 11, 2015. I’m counting on your support next year to keep our committees active. • Communications • Disaster Response and Relief • Diversity Garvin Isaacs, President-Elect • Group Insurance Note: No need to sign up again if your current term has not expired. Check www.okbar.org/members/committees.aspx for terms • Law Day • Law-related Please Type or Print Education Name ______• Law Schools Telephone ______OBA # ______• Lawyers Helping Lawyers Assistance Address ______Program

City ______State/Zip______• Legal Intern • Legislative FAX ______E-mail ______Monitoring

Committee Name • Member Services 1st Choice ______• Military Assistance 2nd Choice ______• Paralegal 3rd Choice ______• Professionalism

Have you ever served on this committee? If so, when? How long? • Rules of Professional Conduct 1st Choice q Yes q No ______2nd Choice q Yes q No ______• Solo and Small Firm Conference q q 3rd Choice Yes No ______Planning n Please assign me to q one q two or q three committees. • Strategic Planning Besides committee work, I am interested in the following area(s): • Uniform Laws ______• Women in Law ______• Work/Life Balance Mail: Garvin Isaacs, c/o OBA, P.O. Box 53036, Oklahoma City, OK 73152 Fax: (405) 416-7001

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2083 BAR NEWS

Changes Proposed to the Rules Governing Disciplinary Proceedings Member Comments Requested

The following are proposed changes to the Rules review and consideration, the PRC may Governing Disciplinary Proceedings as proposed by take any of the following actions or any the Professional Responsibility Commission. These combination thereof: (1) Require the Gen- changes are currently under consideration by the eral Counsel to make a response; (2) OBA Board of Governors. The proposed changes Appoint an Investigator; (3) Appoint a spe- would give the Commission more discretion in the cial counsel to investigate and present the action it might take. case; or (4) Take such other steps as are necessary to facilitate the prompt resolu- Members of the OBA are encouraged to review the tion of the grievance. the Professional proposed changes and submit any comments by Responsibility Commission shall appoint a Oct. 23, 2015, 1) via email to RGDPRule3.3comments@ special counsel to investigate and present okbar.org or 2) mail hard copy comments to RGDP the case; Rule 3.3 Comments, OBA, P.O. Box 53036, Oklaho- ma City, OK 73152. (2) A member of the Professional Responsi- bility Commission, the President of the Rules Governing Disciplinary Proceedings. Oklahoma Bar Association with concur- Chapter 1, App. 1-A rence of the Board of Governors, shall Rule 3. General Counsel. appoint a special three (3) member Com- §3.3. Grievances Against the General Coun- mission to act on the grievance in confor- sel of the Association. mance with these Rules; (a) Whenever a grievance is filed, or informa- (3) A member of the Professional Responsi- tion is received by the Commission which bility Tribunal, all procedures mandated by could lead to the filing of a formal complaint these Rules shall be followed, except the against the General Counsel of the Associa- Supreme Court shall appoint a special Tri- tion, the members of the Commission, and the bunal Panel to hear the case in the event President and the Executive Director of the formal charges are filed. Association shall immediately be notified. (4) A member of the Supreme Court, the (b) If a disciplinary grievance is made against: matter shall be referred to the Oklahoma (1) The General Counsel or member of Council on Judicial Complaints. General Counsel’s staff alleging grounds (c) The President and the Executive Director for the imposition of discipline pursuant to of the Association shall be kept fully informed these Rules, the Professional Responsibility of all action taken by the Commission in the Commission (PRC) shall consider the mat- matter. ter on the basis of the grievance. After

2084 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 FROM THE EXECUTIVE DIRECTOR

Courthouse Security By John Morris Williams

On Sept. 16, 2015, Rep. Scott entry with armed security and brawl occurring in a rural coun- Biggs held a legislative hearing metal detectors is a sizable ty court proceeding. We need to on courthouse security. Rep. financial commitment. Many consider all the rural counties Biggs brought together a very counties just cannot afford this along the interstates that have good panel of speakers includ- level of security. the potential for very high- ing law enforcement, homeland profile drug cases. These cases security, district attorneys and can attract out-of-state partici- our sponsored speaker, retired pants and spectators that may District Judge Thomas Landrith be better armed than law from Ada. enforcement. The hearing came about as On the positive side, home- Rep. Biggs and I discussed the land security has conducted recently passed county optional surveys of 75 of the 77 counties. add-on to the filing fees to be At the hearing, the homeland used for courthouse security. security representative testified Obviously, counties without a about the resources that their large number of filings would office has available and that the not generate much revenue to counties have requested the sur- pay for enhanced security. The veys so they can be as proactive purpose of the hearings was to as possible considering the find out what issues counties resources available. Also, a faced in trying to maintain county commissioner, who is secure courthouses and what a retired certified law enforce- was being done. ment official, testified that there are things that can be done to Some of the information was minimize harm even when not surprising. For example, in there is not a maximum amount smaller counties when the court of security available. needs additional security, the rest of the county goes without As I told the hearing panel, or with reduced law enforce- for lawyers this is a workplace We all realize that the popula- ment resources and protection. safety issue. Lawyers are con- tion of a county might be deter- stantly in and out of courthous- Judge Landrith testified about minative of the number of per- es. Some courthouses we know remodeling an almost century- sons who could be threats to well and some we are just there old courthouse in Ada. The first the courthouse. We also know to file something and may be rule is to shut down the number that it just takes one person who unaware there is a heated trial of entrances. This, of course, is bent on doing harm to put a or other volatile situation going may not go over well in smaller number of innocent lives in on. A crazed person with a gun communities where people jeopardy. The testimony includ- often is not very discriminating have been coming in the “side” ed real-life situations where on who he or she picks as a tar- door for decades. In counties harm was done. One person get. So, we all must be cautious with scarce resources, a single testified about a gang-affiliated

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2085 and be more proactive in court- courthouse security. One thing a and members of the bench and house security. county bar association can do is bar. It will not happen without sponsor a courthouse security each of us taking an active role The public does much busi- program. Homeland security or in assessing our local court- ness at the courthouse that does law enforcement agencies can house, developing a plan and not involve the courts. However, provide training on how to react helping to obtain the resources it appears from the filing fee to dangerous situations and save to enhance security. We can do add-on that for now at least the lives. Lawyers can look at their this now, or we can do it after courts will be the first source of local courthouse security plan something really bad happens. revenue to enhance security. By and work with the county com- We have too many people we law in Oklahoma the county missioners to gain resources to care deeply about going into commissioners in each county enhance security. It is obvious courthouses everyday to just control the courthouse and are the Oklahoma Legislature takes let this issue go. responsible for its upkeep and the problem seriously or the fil- security. Ultimately, the level of Thank you Rep. Biggs for ing fee add-on would not have security in each county will be holding the hearing and educat- passed. However, legislators determined by the county coming us on this important issue. may not realize the small missioners. If you feel your amount of revenue this actually courthouse lacks adequate secu- generates in many instances. rity, your county commissioner Informing your legislator about is a good first stop. Also, there your concerns is another good are funds that might be available thing to do. from the Oklahoma Bar Founda- To contact Executive Director tion court improvement fund. Together we can all work to Williams, email him at johnw@ make courthouses safer for the okbar.org. As with many things, lawyers public, elected officials, jurors can do much to help improve

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Volume 86 u You now have a choice. No. 26 u Oct. 10, 2015

Continue receiving your printed Oklahoma Bar Journal court issues (two per month) in the mail – or receive an e-mail with a link to the electronic version instead. Mailed copies stop. There’s no dues reduction, but you save some trees. If you want the electronic version of the court issues and didn’t indicate that on your dues statement go online to http://my.okbar.org/Login and sign in. Click on “Roster Info” to switch to electronic. Be sure your e-mail address is current.

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2086 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 LAW PRACTICE TIPS

How is Your Law Practice Going to Change? By Jim Calloway

Ideas about the delivery of tic only a few decades ago is ty to customize up to five forms legal services are certainly now commonplace to many and personalize the agreements changing. Some of the changes and will become routine in with branding. It also includes are not going to be good for the future. access to Shake’s form library and integration with popular lawyers. Many of the changes THERE’S AN APP FOR THAT will be challenging for lawyers. cloud storage services. Shake’s But some of the changes will Apps that provide what most blog now includes many arti- assist lawyers who are paying of us would think of as legal cles with titles like “Rent attention to the changing land- services are one area of change. Responsibility: Understanding scape. And, of course, there will I’ve mentioned the app Shake Your Residential Lease” and be some lawyers who do not to audiences before.1 It is a free “Employee Handbooks: Put want to change and some who app for iOS and Android that Your Rules in Writing.” do not need to change. Unfor- can be used to draft simple con- One can appreciate the utility tunately, relatively few will fit tracts. Shake was surprising, of this app for someone like a into both camps. but not really threatening to house painter or other contrac- The point I want readers to tor who used to rely on filling take away is that it is important If you’re waiting for change to in the blanks on an invoice or a to pay attention to changes that contract created for another impact legal services nationally happen to you, it will, but probably contracting job. But, as a law- and worldwide as some of the not the change you want. yer, I’d still have a concern that changes may become signifi- some jurisdiction had some cant to you — either positively @emyth particular requirement that or negatively. The way people might not be addressed. It is, lawyers. The few simple con- purchase music and rent mov- however, hard to argue that tracts provided were not the ies for home viewing has these documents are not superi- type that most lawyers would changed. The adoption of or to an oral agreement or notes have done for clients anyway. mobile phones has changed on a piece of paper that the cus- (Although, the app certainly much of our social behavior — tomer never signed. showed its technology heritage and not, in my opinion, always in that one of the early free There is also a team version for the better. The way many forms was for an NDA [Non- of Shake for larger companies. consumers look at obtaining disclosure agreement].) So, the Think of a company with a the legal services they need initial reaction was mostly sales force that is on the road is changing. From a lawyer “Isn’t that cute? An app that frequently making many differ- having a video conference with drafts contracts. I’m sure my ent kinds of deals. Instead of clients sitting on their sofa at contracts are superior and the company’s lawyers approv- home to clients logging into comply with Oklahoma law.” ing or drafting many repetitive law firm-provided online docu- contracts, they design and ment repositories where they But Shake today has evolved. supervise the contract delivery can review their documents, Now there is a Pro plan for $10 process. Custom contracts are what may have seemed futuris- per month. It includes the abili- assembled on the phone or

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2087 Change is the law of life. A NONPROFIT LAW FIRM? helped find lost hikers and provided some amazing videos for Every lawyer in small firm And those who look only to the us all. One was shot down by a private practice has probably past or present are certain to homeowner who claimed it worried at some point whether miss the future. was spying on his daughter in their law firm was going to the backyard swimming pool. John F. Kennedy turn a profit in a particular The FAA still bans most com- month. But have you ever mercial use of drones. It doesn’t other mobile device and thought of setting up a non- take a crystal ball to see that emailed to the customer profit law firm? Utah lawyers there are going to be many instantly for execution. If a Shantelle Argyle and Daniel legal issues related to drones. A salesperson has a specific cus- Spencer have set up a nonprofit search of the Internet today dis- tomization request, the legal law firm and are making it closes many lawyers who are department can deal with that work. The Atlantic has an infor- promoting drone law as a part request or idea while dozens of mative article on their firm, of their law practices. Filing a standard contracts are executed Open Legal Services, which Section 333 petition for exemp- each day with no direct lawyer includes a graph showing the tion to allow certain commer- intervention. sliding hourly fee scale based cial drone use seems to be a on client income and many Some law schools are getting popular service at the moment. active in app development. more details.3 About 50 percent Professor Tanina Rostain is co- of Utah residents qualify for the director of the Center for the discounted services. Study of the Legal Profession at There is nothing permanent Working for a nonprofit law except change. Georgetown University Law firm means that a lawyer won’t Center. She developed and get rich, but it provides for a Heraclitus teaches the course “Technology, working environment gaining Innovation and Legal Practice” lots of real-world experience eDiscovery is a huge area where teams of students com- at a steady salary. Because the for litigators and it is very pete to develop legal apps that firm is nonprofit, it is exempt complex. I have seen lawyers individuals can use to navigate from taxes and lawyers are eli- from other states include complex areas of the law. One gible for the federal Public Ser- “ediscovery-ready litigator” in success story was ADA2Go, an vice Loan Forgiveness Program, their online profiles. There is a app developed by the students which erases the balance of lot going on in this area. Soon it in conjunction with the U.S. student loans after 10 years of may not be true that only the Department of Justice. It navi- monthly payments. Contribu- larger cases are appropriate for gates through the Americans tions from businesses to assist use of ediscovery. To that end, I with Disabilities Act to deter- the nonprofit firm are tax de- note an ethics opinion from the mine rights and responsibilities ductible to the donating busi- State Bar of California Standing in certain circumstances. ness. They also receive many Committee on Professional referrals from public entities You can read more about Pro- Responsibility and Conduct fessor Rostain and this project or other nonprofits. 2 that is worth a read for the on her Legal Rebels profile. EMERGING AREAS examples it gives of ediscovery Her profile ends by noting that OF LAW nightmares, Formal Opinion these apps do not test for Interim no. 11-0004.4 There are many developing Wearable income level and she believes technology is a hot tech topic. that they will really “shake up areas in the law. I will leave it to your judgment whether One of the attendees at a recent the market,” particularly in Digital Pharma conference regard to solo and small firm opportunities exist for you with any of these. tweeted “We’re in the Palm lawyers. Pilot days of wearables.” Con- For better or for worse, a lot Drones, more formally sidering the discussions at that of the new legal areas of inter- known as Unmanned Aerial conference included dissolvable est relate to developments in Vehicles (UAV’s), have been in pill “wearables” for medical technology. But a lot of innova- the news a lot lately. They have treatment, information gather- tive ideas are not directly relat- crashed into sporting events ing for elderly patients and ed to technology. and interfered with firefighting clothing that might “hug” a airplanes. They have also wearer who was feeling low,

2088 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 there is likely something to that to it. Now it has surpassed 5 would make “Reply” vs. observation. Wearable technol- million views on YouTube and, “Reply All” mistakes, some ogy will collect and retain all if you think a short video of a would forget to check their sorts of information that might rat dragging a piece of pizza email promptly, important be useful as evidence. down stairs would be perfect to emails would be deleted and display during your next moti- so forth. Self-driving cars are definite- vational speech presentation, ly coming to a highway near Email is a critical business you can contact Junkin Media you, although not in the imme- communication tool, despite its to discuss the licensing fee. diate future. Studies indicate many flaws. There are many self-driving cars could reduce So the next time a client other critical business processes automobile fatalities by 90 per- wants to show you a really cute that law firms are adopting cent in the U.S.,5 so they are video of their baby on their today that will be just as signif- coming. What a boon that will phone, maybe you should icant as email in the future. be for the elderly or disabled watch. This includes documentation who cannot drive. How many of processes in writing, learning of us would trade a robot- It is change, continuing to use practice management chauffeured drive to another software and services to state where we could read or change, inevitable change, empower your adoption of nap compared to what airline that is the dominant factor in paperless workflows, beginning travel has become today? If you society today. No sensible decision the process of automating pro- combine the concept of Uber can be made any longer without duction of your routine docu- and Lyft with self-driving cars, taking into account not only the ments, setting fixed fees for would many more people elect world as it is, but the world some services or parts of servic- not to own an automobile? as it will be. es and making certain your law How will the adoption of self- firm has one or more websites driving cars impact the entire Isaac Asimov that work well with mobile concept of automobile driver’s devices. liability and insurance? READY FOR CHANGE? CONCLUSION Did you view the Pizza Rat The path to prepare for a video that went viral near the changing environment (or just Change, especially change end of September? I was on to be more efficient today) is related to your daily activities, Twitter when I noticed the easy to write and much harder is hard. Many of the changes in #PizzaRat hashtag as a trending to implement. I cover some the delivery of legal services topic. This was a 14-second parts of this in Law Practice will actually make your daily video of a rat dragging a huge Tips here at least every few life function better after they piece of pizza down subway months. are incorporated and imple- stairs in Manhattan. Wired.com The key is to effectively use mented. Pick one improvement had a very interesting story today’s tools now because and start implementing it this about the video. It turns out tomorrow’s tools will build month. that a Los Angeles-based viral upon today’s and be even more Mr. Calloway is OBA Manage- video company named Junkin powerful and useful. Imagine ment Assistance Program director. Media (Yes, there are viral some hypothetical law firm that Need a quick answer to a tech video businesses. Who knew?) has successfully banned email problem or help resolving a man- picked up on the video right to this point and is finally giv- agement dilemma? Contact him at after it was posted, when it ing in. There would be a huge 405-416-7008, 800-522-8065 or only had 2,660 views, according learning curve, particularly for [email protected]. It’s a free member to Wired. The company worked an employee who didn’t use benefit! out a licensing deal with the email in their personal life. creator and started a combina- Undoubtedly someone would 1. www.shakelaw.com tion of promotion and unau- infect the firm with malware by 2. http://www.abajournal.com/legalrebels/ thorized use takedown notices article/tanina_rostain_profile clicking on a bad attachment, 3. http://tinyurl.com/k4ktw7q for those who were posting the 4. http://tinyurl.com/q6d59gu someone would get in contact 5. http://tinyurl.com/q9e68cu video online instead of linking with an online scammer, many

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2089 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association participation in making individ- the selection of attorneys for Board of Governors met at the ual donations to support the the OBA Leadership Academy Oklahoma Bar Center in Okla- Kick It Forward Kickball Tour- and with planning for the homa City on Aug. 21, 2015. nament as sponsors. Tulsa County Bar Association annual meeting. He attended REPORT OF THE REPORT OF THE PRESIDENT EXECUTIVE DIRECTOR the Access to Justice Committee meeting via conference call and President Poarch reported he Executive Director Williams TCBA executive committee attended the Southern Confer- reported he attended the meetings. Governor Kinslow ence of Bar Presidents meeting, presentation of 50-year mem- reported he met with the Cli- National Conference of Bar bership pins to Richard Fogg ents’ Security Fund Committee Presidents meeting and ABA in El Reno and to Pat Phelps in to consider pending claims, met House of Delegates, all in Chi- Durant, NABE/ABA meeting at with the Clients’ Security Fund cago. He presented 50-year which he presented a session Task Force, worked on the membership certificates and on database conversions, YLD Clients’ Security Fund report pins to Pat Phelps in Durant, board meeting, Oklahoma Judi- prepared by Micheal Salem and John Kinslow in Lawton and cial Conference luncheon at participated in the Audit Com- Chuck Wade in Lawton. He which he gave the State of the mittee meeting via teleconfer- attended the joint OBA/OBF Bar, Communications Commit- ence. He also reported Ethics dinner and worked on plans for tee meeting, Bar Association Counsel Joe Balkenbush re- the OBA Annual Meeting and Technology Committee meet- cently spoke to the Comanche “Schoolhouse to the White- ing, Bench and Bar Committee County Bar Association and house” CLE seminar. meeting, staff budget planning did an excellent job. Governor Knighton reported he attended REPORT OF THE meeting, Supreme Court Access the Lawyers Helping Lawyers VICE PRESIDENT to Justice Commission meeting, Audit Committee meeting, Committee meeting and Cleve- Vice President Devoll re- Tulsa County Bar Association land County Bar Association ported he attended the Audit annual luncheon, OBA/OBF meeting. Governor Marshall Committee meeting and joint event, Clients’ Security reported he attended the Ok- worked on Garfield County Fund Task Force meeting and lahoma Judicial Conference issues. funeral for 1991 OBA President reception at the OCU law Forney Sandlin. school and Pottawatomie REPORT OF THE County Bar Association meet- PAST PRESIDENT BOARD MEMBER REPORTS ing. Governor Porter reported Past President DeMoss Governor Gifford reported she attended the Communica- reported she attended the he attended the Oklahoma tions Committee meeting and Audit Committee meeting, County Bar Association Board Women in Law Committee Master Lawyers Section meet- of Directors meeting. Governor meeting in addition to the ing, Tulsa County Bar Associa- Gotwals, unable to attend the OBA/OBF dinner at Deep Fork tion/Tulsa County Bar Founda- meeting, reported via email he Grill. Governor Sain reported tion annual meeting and OBA/ attended the July Tulsa Central he attended the McCurtain OBF dinner. In Chicago she High School Foundation board County Bar Association lunch- attended the NCBP meeting and meeting, ABA and NCBF annu- eon. Governor Stevens re- ABA annual meeting as an OBA al meetings in Chicago, Knights ported he attended the August delegate. She also participated of Columbus meeting and Tulsa Cleveland County Bar Asso- in planning the Women in Law County Bar Association annual ciation meeting and Audit Conference. She thanked board awards luncheon. Governor Committee meeting via tele- members for their 100 percent Hicks reported he assisted with conference. Governor Tucker

2090 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 reported he attended the Law magazine. She said the commit- ples of tracking transactions, Day Committee meeting, funer- tee is still searching for addi- and only one problem was al for Past President Forney tional conference sponsors. found, which was one signa- Sandlin and presented a CLE Governor Knighton reported ture instead of the required to the Mayes County Bar Asso- the Law-related Education pro- two signatures documenting ciation on “The Open Meeting gram has mailed its newsletter authorization of electronic pay- Act: What the Practitioner and will be offering peer medi- ment of one of the monthly Needs to Know.” ation training in Oklahoma American Express credit card City and Tulsa. LRE is also bills. Administration Director YOUNG LAWYERS Combs explained why the DIVISION REPORT promoting awareness of Con- stitution Day on Sept. 17. error occurred and suggested a Governor McGill reported Governor McGill reported the change in procedure to prevent she chaired the YLD August Diversity Committee has fin- it from happening again. Dis- board meeting and assisted in ished planning its award event cussion followed, and it was the selection of the OBA Lead- that will be held Oct. 15 and decided the procedure he out- ership Academy participants is looking for sponsors. The lined would be a solution. Mr. and took part in the bar exam committee is also working on Combs reported that generally survival kit assembly. She revising its aims and objectives. changing audit firms every five attended the ABA YLD wel- years is a recommended prac- REPORT OF THE tice, and this is the sixth year come reception, ABA YLD GENERAL COUNSEL annual assembly, ABA YLD for Smith, Carney & Company dinner reception, ABA House General Counsel Hendryx to perform the audit. However, of Delegates and Kick It For- reported a written report of he recommends the firm be ward planning meetings. Professional Responsibility retained for one more year Commission actions and OBA because the OBA expects to BOARD LIAISON REPORTS complete its transition to new disciplinary matters for July association management soft- was submitted to the board for Governor Knighton reported ware, and the firm’s familiarity its review. She said the OBA the Lawyers Helping Lawyers with the former system would was among other parties, Assistance Program Committee be an advantage over a new plans to offer a program and to including the Oklahoma attor- firm. It was noted the Audit staff a booth at the OBA Annual ney general, served this week Committee recommends the Meeting. They are having a with a lawsuit from an individ- report be approved and to banner made to provide ual in Illinois regarding a com- retain the firm for an additional increased visibility at the booth. plaint of criminal defamation. year. The board approved the Governor Porter reported the She said the OBA will need to audit report and to employ Communications Committee hire counsel in Illinois. The Smith, Carney & Company for authorized funding to promote board voted to authorize Gen- a seventh consecutive year. the consumer information eral Counsel Hendryx to pre- available on the OBA website pare a contract with an Illinois CLIENTS’ SECURITY FUND and is discussing overall OBA attorney and to submit the con- TASK FORCE REPORT messaging. Governor Tucker tract to the board via email for CSF Task Force Chairperson reported the Law Day Commit- its approval. She also reported Micheal Salem briefed the tee has selected the 2016 Law the OBA took over receivership board that last year the CSF Day contest theme, which will of a Tulsa law firm to protect Committee recommended that be Judges, Juries and Justice: its assets. claims be paid at an amount The Constitution and the Rights 2014 AUDIT REPORT that exceeded the maximum of the Accused. Ask A Lawyer $100,000, and the Supreme TV show topics planned are Audit Manager Leah Logan, Court approved a special sup- same-sex marriage, female with the accounting firm Smith, plement requested by the Board incarceration, the OBA Legal Carney & Company, reported of Governors. He said this was Guide for Young Adults and the OBA’s total assets increased not the only occurrence of rec- death penalty administration over the previous year. She ommended claims exceeding in Oklahoma. Governor Porter reviewed the report of the audit $100,000 and that on at least six reported the Women in Law conducted in May. In looking at occasions in the past 10 years, Conference keynote speaker is internal controls, she explained the total dollar amount of on the cover of the new CLE the auditors do random sam- claims has exceeded the avail-

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2091 able funds at the end of the to appoint Chris Tweedy, Okla- been instrumental in devoting year. He said earlier this year a homa City, to the Real Estate extra effort to making the soft- task force was formed to look Commission Contract Forms ware accurate and efficient. at ways to supplement the Committee. OBA ANNUAL MEETING annual funding of $100,000. MCLE SOFTWARE After further study, including President Poarch revealed research into the practices of Executive Director Williams the Annual Meeting logo and other state client protection said the board has been previ- announced the theme “Leader- committees, Mr. Salem said ously briefed about the need ship U” will reflect the impor- the task force is making five for new software to track mem- tance of lawyers stepping into recommendations, which he bers’ MCLE credit. A request leadership roles. He reported reviewed. Discussion followed. for proposals was submitted to the Annual Meeting luncheon The board voted to accept the several companies, and the keynote will be Citizen Univer- task force report. The board software developed by the sity CEO Eric Liu, who will voted to send the task force’s Pennsylvania Continuing Legal speak on “The True Meaning recommendation to amend the Education Board (PaCLEB) was of Patriotism.” Clients’ Security Fund rules to identified as the best product the House of Delegates. The KICK IT FORWARD for the OBA. Submitted for the KICKBALL TOURNAMENT board authorized Executive board’s review was a software Director Williams to explore development agreement. The Governor McGill reported task force recommendations board authorized Executive momentum was building for regarding the creation of a “loss Director Williams to move the tournament to be held payee notification” rule and forward to execute a contract Aug. 29 in Oklahoma City to educational material that out- with PaCLEB pending negotia- raise money for the Kick It lines a client’s escrow rights in tions and board approval. Forward program, which helps funds held by the attorney. MCLE Administrator Lewis financially struggling bar mem- OKLAHOMA BAR said other state bar associa- bers pay their OBA dues. She FOUNDATION TRUSTEES tions are utilizing the software, reported sponsorships were APPOINTMENTS and she has not heard any still available. negative comments. The board approved Presi- NEXT MEETING dent Poarch’s recommendation ANNUAL TECHNOLOGY REPORT The Board of Governors met to appoint Jack McCarty, Sept. 25, 2015, at the Holiday Newkirk, and to reappoint Executive Director Williams Inn Express in Norman. A sum- Jeff Trevillion, Oklahoma City, reported the OBA has made mary of those actions will be and Kara Smith, Oklahoma major strides in transitioning published after the minutes City, to the OBF Board of Trust- to the new association man- are approved. The next board ees. Their terms will expire agement software with the meeting will be at 10 a.m. Dec. 31, 2018. software now live for staff Friday, Oct. 23, 2015, at the REAL ESTATE COMMISSION members. Refinements contin- Oklahoma Bar Center in APPOINTMENT ue to be made. Sept. 1 is the Oklahoma City. projected date for the bar The board approved Presi- member portion to go live. A dent Poarch’s recommendation number of staff members have

2092 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 OKLAHOMA BAR FOUNDATION The Foundation Updates Giving Levels By Candice Jones In stride with new develop- “The need always outweighs year, they remain in the pro- ment efforts, the OBF Board of the money we have to give,” gram. Recognition for Fellows Trustees has approved updates says OBF President-Elect and will be on an annual basis and to the organization’s giving lev- Grants & Awards Committee will include donors who have els. Changes have been made to Chair Judge Millie Otey. “It is given that year. All current the Fellow and Community Fel- heart-breaking to review those OBF Fellows will be sent a let- low programs. A one-time gift applications knowing the ter at the end of the year and option has also been added for impact these organizations can opt-in to the new program those who only want to pledge make in communities across during 2016. New Fellows who for that year. The pledge card the state, but we can only give sign up between now and the on the following page denotes them a part of what they need. end of the year will be added these changes. All of our grantees could serve into the updated giving pro- more people if only they had grams immediately. “We are now, more than ever, appropriate funding. Our goal in the business of fundraising The Community Fellows Pro- is to increase the funding to create sustainable funding gram, created in 2013, is a giv- stream in efforts to bridge the for our grantees,” says OBF ing program for law firms, funding gap.” Board of Trustees President businesses, organizations, OBA Jack Brown. “We took a step The Fellows program, created sections and other groups that back and focused on the needs in 1978, has been a solid wish to partner in the work of of our donors. We knew simpli- giving program for individuals the foundation. Changes to this fying our programs and adding who support the bar founda- program include adding higher more options for the donor was tion’s mission. These donors giving levels and removing one a smart move.” pledged $1,000 over the span of lower giving level. Recognition 10 years. Some paid in full all for this program now begins The foundation is currently at once and some paid $100 per at $1,000. funding 30 law-related charita- year over 10 years. After the ble programs whose mission For more information initial $1,000 had been paid, impacts legal services for chil- about the foundation’s mission donors had the choice to move dren, seniors, veterans and vic- and grantees please visit www. up to the Benefactor level at tims of domestic violence and okbarfoundation.org. $300 per year. Updates to this sexual assault. Services also program are to waive the Candice Jones is director include law education pro- $1,000 commitment and ask of development and communica- grams for students in grade donors to commit to an annual tions for the Oklahoma Bar school through law school. gift amount. As long as a donor Foundation. continues to give year after

The OBF thanks the Alternative Dispute Resolution Section, its newest Community Fellow.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2093 www.okbarfoundation.org

2094 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2095 YOUNG LAWYERS DIVISION

YLD Leadership to be Elected: Vote by Thursday, Oct. 29 By LeAnne McGill

The leaves are changing col- Election results will be ors, the temperatures are drop- announced at the YLD Annual ping, the days are getting short- Meeting, held in conjunction er and with that comes looking with the OBA Annual Meeting ahead and planning for the Nov. 4-6 in Oklahoma City upcoming year. As members and then posted on the YLD of the YLD, you play an impor- website. tant role in this planning; you If you have any questions, get to help decide who will please contact me at leanne@ serve our organization by vot- mcgillrodgers.com. ing in this year’s Board of Directors’ election. About The Author This year, we have seven Internet vendor. He later young lawyers running for LeAnne McGill worked for the Bank of Oklaho- positions with only one contest- practices in ma. He earned his M.B.A. at the ed election for the position of Edmond and University of Central Oklaho- secretary. I would like to thank serves as the ma and his J.D. at the OCU each of them for showing an YLD chairperson. School of Law. During law interest in serving the YLD and She may be contacted at leanne@ school, Mr. Will earned his am excited to see the impact mcgillrodgers.com. Oklahoma Legal Intern’s they will have. I encourage you License and worked for the to take some time to learn more Oklahoma County District about the candidates and read Attorney’s Office, then later their bios on the OBA website 2016 Leadership took an internship with Haupt, at www.okbar.org/members/ 2016 Chair Brooks, Vandruff, Cloar. He YLD/2015YLDelections.aspx Bryon Will currently practices in real prior to voting. Bryon Will is a solo practitio- estate, estate planning, probate, Elections will be conducted ner at The Law Office of Bryon business transactions and bank- electronically. The OBA sent an J. Will PLLC in Oklahoma City ruptcy. He is admitted to prac- email on Tuesday, Oct. 6, 2015, and Perry. He is a third-genera- tice before the Supreme Court to the email address you have tion Oklahoman, born and of Oklahoma and the U.S. on file containing a link to the raised in Morrison. He graduat- District Court for the Western ballot. If you did not receive an ed from Oklahoma State Uni- District of Oklahoma. He is a email, please let me know. Bal- versity with a bachelor’s degree member of the Oklahoma Bar lots must be cast no later than 5 in animal science and began his Association, Oklahoma County p.m. on Thursday, Oct. 29, 2015, career as a sales representative Bar Association, Noble County to be considered. for an animal health supply Bar Association (president), company and a broadband American Bar Association and a Fellow member of the Okla-

2096 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 homa Bar Foundation. Mr. Will Ms. McGill has also served and a Top 40 under 40 by was formerly an associate on the Oklahoma County YLD OKCBiz magazine. She is also a member of Ruth Bader Gins- Board of Directors since 2006. graduate of Class XXVI of burg American Inn of Court As a director for the OCBA Leadership Edmond. and the William J. Holloway YLD, she has held numerous American Inn of Court. Cur- positions, including serving as rently he is serving on the the chair for the Harvest Food Oklahoma Bar Association Drive Committee and the Chili Young Lawyers Division Board Cook-off Committee. These two of Directors as chair-elect. He committees work together to was a graduate of the Oklaho- donate more than $20,000 to the ma Bar Association Leadership Regional Food Bank each fall. Academy class of 2011-2012. Aside from her participation in the YLD, she has served on several OBA committees, including the Mentoring Task Force, the Law Day Committee, the Solo Small Firm Committee, the Budget Committee and the Chair-Elect Women in Law Committee. She Lane Neal is a graduate of the inaugural 2008-2009 OBA Leadership Lane Neal is an associate Academy, the 2007 OBA Lead- with Durbin, Larimore & ership Conference, is an Okla- Bialick in Oklahoma City. His homa Bar Foundation Fellow practice is focused in civil liti- and served as the first chair of gation and insurance defense. the OBA Law Student Division. He is a member of the Oklaho- ma County Bar Association and Immediate Past Chair Ms. McGill has been active in American Bar Association. He LeAnne McGill the American Bar Association, is also an Oklahoma Bar Foun- LeAnne McGill is a partner having held several positions dation Fellow. Mr. Neal is with the Edmond law firm of within the organization, includ- admitted to practice in all state McGill & Rodgers, where her ing two terms as the national and federal courts within Okla- practice focuses on all areas of secretary treasurer of the ABA homa. He is a Barrister in the family law. She has been active Law Student Division and one Luther L. Bohanon American in the OBA YLD since 2006 and term as the National Pro Bono Inn of Court and a 2010 gradu- currently serves as chair of the Committee co-chair for the Law ate of the OBA Leadership division. During her time in the Student Division. She has Academy. YLD, she has served as the served on the ABA YLD Pro- Mr. Neal has served as a Dis- New Attorney Orientation gramming Team and as the trict 3 representative to the Committee chair, Publications ABA YLD Access to Justice OBA YLD Board of Directors and Website Committee chair, Committee chair. since 2010. He currently serves Membership Committee chair, She received a Bachelor of as treasurer of the OBA YLD chair of the Kick it Forward Arts in English and political Board of Directors. Program and has participated science from Oklahoma State in the Wills for Heroes, Serving University in 2003 and her J.D. He received his J.D. from the our Seniors and the annual Day from the OCU School of Law in OU College of Law in 2008. of Service Community Service 2006. In addition to bar activi- While in law school, Mr. Neal Projects. She was the recipient ties, she has served on the OCU was active in OU’s advocacy of the YLD Outstanding Direc- Law Alumni Association Board competition teams. He also tor in 2011, the YLD Outstand- of Directors and is an active served as a note editor for the ing Committee Chair in 2013 member of the Ginsburg Inn of American Indian Law Review. His and the YLD Officer of the Year Court and the Edmond Family note regarding regulation of in 2012, 2013 and 2014. Counseling Board of Directors. environmental standards by She has been honored as a Top Oklahoma tribes was selected 20 under 40 by the Edmond Sun for publication in 2007. Mr.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2097 Neal serves as a trustee at board of representatives, serves Crown Heights United Meth- as both Oklahoma and Arkan- odist Church. sas’ liaison to the ABA-YLD National Disaster Legal Servic- es Committee and facilitates CONTESTED and manages communication between the ABA-YLD and the ELECTIONS OBA-YLD affiliate programs and communication between ABA-YLD and Arkansas The following persons have been Bar Association YLD affiliate nominated and are running con- programs. tested for the following positions. Results will be announced at the He is an associate attorney at Blake Lynch YLD Annual Meeting. The Law Office of Lawrence Goodwin where he focuses pri- Blake Lynch has been a mem- marily on family law. He has ber of the Oklahoma Bar Asso- been admitted to practice in the ciation’s Young Lawyers Divi- United States District Court for sion board for four years, repre- the Western District of Oklaho- senting District 2. During that ma and certified to practice in time he has participated in the United States Bankruptcy numerous programs with the Court for the Western District YLD including the Day of Ser- of Oklahoma. He is a member vice, Kick It Forward and was of the Oklahoma County Bar recognized in 2014 as the Out- Association and a member of standing Director. He was a the Central Oklahoma Alumni 2009 graduate of the OU Col- Phi Alpha Delta Legal Fraterni- lege of Law and also graduated ty International where he has from OU as an undergraduate served as the chapter clerk for and Dickson High School and Secretary two years. Mr. Haygood is also OSSM. He is a member of the Jordan Haygood a member of the Oklahoma Eastern District, Cherokee, Jordan Haygood currently Ruth Bader Ginsburg American Choctaw, Chickasaw, Muscogee serves the Oklahoma Bar Asso- Inn of Court. Creek and Oklahoma Bar Asso- ciations. ciation’s Young Lawyers Divi- Mr. Haygood graduated from sion board as one of the At the OCU School of Law in 2013 Mr. Lynch is a founding part- Large representatives and as where he received the 2013 ner of Wagner and Lynch PLLC co-chair of the Membership Deans Service Award from of Wilburton and McAlester, a Committee. He was also an Dean Valerie K. Couch for his general practice firm that has active member of the Kick It outstanding service to OCU received wide recognition after Forward Task Force and cur- School of Law. He is also a 2005 recent victories involving the rently serves as the OBA-YLD graduate of Texas Christian constitutionality of certain liaison to the OBA Lawyers University where he received obscenity statutes, appeals Helping Lawyers Committee his B.S. in New-Editorial Jour- regarding tribal laws in the and serves on the OBA Law nalism from the Bob Schieffer Choctaw Nation and seizure Day Committee. College of Communication. and forfeiture overreaches by Mr. Haygood was recently Because of his service and dedi- the state. As a member of the appointed to serve on a nation- cation to the Oklahoma Bar Pittsburg County Bar Associa- al scale as the American Bar Association, American Bar tion, he and his firm have Association Young Lawyers Association and the legal com- raised thousands of dollars for Division District 27 representa- munity, Mr. Haygood believes autism and apraxia research tive for Oklahoma and Arkan- he is the best candidate for the and care, the PAWS associa- sas for the years 2015-2017. As OBA-YLD At Large representa- tions of Pittsburg and Latimer part of his duties for the Ameri- tive and OBA-YLD secretary. County and the Regional Food can Bar Association, he is a vot- Bank. Mr. Lynch also spear- ing member for the ABA-YLD headed the YLD involvement in

2098 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 the Shared Blessings program husband Chris and their two lawyers of Oklahoma and the of McAlester in making afford- sons Ethan and Zachary reside entire bar through the YLD able temporary housing for in Shawnee. Board of Directors. indigent persons. He also suc- Ms. Nowakowski received cessfully lobbied to have the her B.B.A. in management from YLD support the High O’Brian OU, where she graduated UNCONTESTED Youth Leadership (HOBY) pro- magna cum laude in May 2006. ELECTIONS gram by co-sponsoring its day She received her J.D. from the of service, where, with the OU College of Law in May assistance of young lawyers, 2010 and was admitted to the The following persons have been more than 18,000 meals were practice of law before all Okla- nominated. They are running packaged, over 20 project Linus homa state courts in September uncontested and will be declared blankets were made and in 2010. She was later admitted to elected at the OBA YLD Annual excess of 200 thank you letters practice before the United Meeting. were written to active members States District Court in the of the U.S. military. Western District of Oklahoma. In addition to his motivation Ms. Nowakowski additionally for community service, Mr. serves on the Supreme Court of Lynch has also made active the Absentee Shawnee Tribe. efforts to develop professional- Ms. Nowakowski has actively ly. He has taken on difficult and served on the Young Lawyers often pro bono cases and Division Board of Directors worked to gain professional since January 2012 and has knowledge and leadership been selected as a YLD Star of skills by attending the 2013-14 the Quarter, along with receiv- OBA Leadership Academy and ing the 2013 Director of the the Gerry Spence Trial College. Year Award and a 2014 Chair’s Mr. Lynch is one of the senior Award. In addition to serving members of the YLD board and as a director, she served as YLD Treasurer hopes to be able to serve his Community Service chairper- Nathan D. Richter district as secretary for the son for both 2013 and 2014 and board. currently serves as co-chair of Nathan D. Richter was born the Community Service Com- in Oklahoma City and graduat- mittee. As such, she was ed from Mustang High School responsible for coordinating the in 1996. He served in the Okla- 2013 OBA Day of Service activi- homa Army National Guard ties throughout Oklahoma, as from 2000-2010 and was honor- well as the YLD Day of Service ably discharged as a captain. activities for 2014 and 2015. She He received his J.D. from the enjoys working with the many OCU School of Law in 2007 and attorneys who make these was admitted to practice law in events successful and make Oklahoma in April 2008. He is the bar association great. also admitted to practice in the U.S. District Court for the West- Ms. Nowakowski has also ern and Eastern Districts of been an active member of the Oklahoma, U.S. Bankruptcy OBA Law Day Committee and Court for the Western and East- Brandi Nowakowski has been selected to serve on ern Districts of Oklahoma and the Credentials Committee for all Oklahoma State Courts. He Brandi N. Nowakowski is an the annual OBA House of Dele- primarily practices litigation, associate with the law firm of gates meeting each year since personal injury, product safety, Stuart & Clover in Shawnee. 2012. Additionally, she served juvenile, criminal and business She focuses her practice on pro- on this year’s Clients’ Security litigation. bate, adult guardianship, estate Fund Task Force. She would be planning and real property honored by the opportunity to He worked for Neimeyer, matters. Ms. Nowakowski, her continue serving the young Alexander, Austin & Phillips

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2099 from 2005-2006 as a law clerk culture law, civil litigation ors Society. He was chosen to and legal intern, as a legal and estate planning. compete on the AAJ National intern with the Oklahoma Mock Trial Team, as well as Mr. Conner has been deeply Court of Civil Appeals in 2007 the National Health Law involved in Oklahoma 4-H pro- and currently as an associate Moot Court Team. He was gram since childhood. In 2002- attorney for the Denton Law elected to membership in the 2003, he served as state presi- Firm. He is a member of the Order of Barristers, received dent of the organization and is Canadian County Bar Associa- the CALI Award for Excel- currently serving as a Garfield tion, Oklahoma Association for lence in Constitutional Law II County 4-H Foundation board Justice, American Association and completed the Health member and is the leader and for Justice, OBA Young Law- Law Certificate Program. coach for the Garfield County yers Division executive board, 4-H Shooting Sports program. Mr. Baker was licensed by the Robert J. Turner Inn of Court, He is on the Board of Directors State Bar of Oklahoma in 2015. and is an Oklahoma Bar Foun- for the Enid A.M. Ambucs, was He is a member of the Tulsa dation Fellow. a member of Leadership Great- County, Craig County, Oklaho- District 2 er Enid, Class XXIII, serves on ma and American Bar Associa- Blake Lynch the school board for the St. tions. He is also a member of See bio above. Paul’s Lutheran School and is the Counsel Oak/Johnson-Son- District 3 a board member for Loaves & tag American Inn of Court and Jordan Haygood Fishes of Northwest Oklahoma. serves on the TU College of See bio above. Mr. Conner and his wife, Britta- Law Alumni Board. ny, have two beautiful daugh- Mr. Baker first joined the firm ters, Averly and Emerie. In his of Logan Lowry LLP as a sum- spare time, he enjoys spending mer associate in July 2014 while time with his family, hunting, in law school. He then joined trapshooting and attending the firm in the Grove office fol- sporting events. lowing graduation in 2015. District 8 Brandi Nowakowski See bio above.

District 4 Dustin Conner Dustin Conner is an associate attorney for Gungoll, Jackson, Box and Devoll PC, located in District 6 that firm’s Enid office. He start- Clayton Baker ed with the firm in August 2011. A native of Garber, Mr. Clayton Baker received a Conner graduated from Okla- Bachelor of Science in criminal homa State University with a justice in 2011 from Midwestern At Large Bachelor of Science in agri- State University in Wichita Piper Bowers business in 2006. He attended Falls, Texas. He graduated from the OCU School of Law where the TU College of Law in 2015 J. Piper Bowers is an attorney he received his J.D. with hon- with honors. During his time in with the Riffel Law Firm PLLC ors in 2011. While at OCU law school, Mr. Baker served as in Enid. Ms. Bowers primarily he was a member of the Phi president of the Student Bar practices in the firm’s Enid Delta Phi honor fraternity. His Association, vice president of office, but meets with clients in practice areas include oil and Board of Advocates, and magis- the firm’s Fairview and Wood- gas title and litigation, agri- ter for Phi Delta Phi Legal Hon- ward offices and regularly

2100 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 practices in all counties in Bar Association/Law Student provide vocational, educational northwest Oklahoma as well. Division. Ms. Bowers was and social/recreational oppor- admitted to practice in Okla- tunities for special needs chil- Prior to attending law school, homa in 2013. dren and adults. Ms. Bowers graduated from Kansas State University with a Currently, Ms. Bowers is Ms. Bowers is admitted to Bachelor of Science degree in actively involved in the Gar- practice before all Oklahoma economics in 2009 and worked field County Bar Association state courts, the United States in a bank in western Kansas. and served as the OBA Law District Court for the Western She then attended the OCU Day co-chair for Garfield Coun- District of Oklahoma, and the School of Law where she ty. Ms. Bowers also serves on United States District Court for earned her J.D. in 2013. While the Board of Directors for the Northern District of Okla- attending OCU School of Law, 4RKids Foundation Inc., and is homa. Ms. Bowers is a member Ms. Bowers was a Merit Scholar an active member of the board of the Garfield County Bar (2010-2013), the recipient of a development committee and Association, the OBA, the ABA CALI Award (Highest Grade) Teacher Grant Program task and Phi Alpha Delta Law Fra- for Elder Law in the fall of force. The 4RKids Foundation ternity. Ms. Bowers’ practice 2012, and the recipient of a Inc. was founded by a small areas include, but are not limit- CALI Award (Highest Grade) group of parents and educators ed to: federal civil litigation, for Seminar: English Legal His- of special needs children and Medicaid and nursing home tory in the fall of 2012. Addi- adults who recognized the need rights, probate, guardianship, tionally, Ms. Bowers was the for more services and opportu- general elder law, estate plan- American Bar Association lieu- nities for developmentally dis- ning, tax controversies, tax tenant governor of the 10th Cir- abled individuals in Garfield collection and bankruptcy. cuit, an American Bar Associa- and surrounding counties of At Large Rural tion student representative to northwest Oklahoma. The mis- Nathan D. Richter the national division, and the sion of 4RKids is to promote See bio above. president of the OCU School of community awareness of spe- Law chapter of the American cial needs individuals, and to You Are Not Alone. Free 24-hour confidential assistance • depression/anxiety • substance abuse • stress • relationship challenges 800.364.7886 www.okbar.org/members/ LawyersHelpingLawyers Counseling and peer support are available. Some services free as a member benefit. LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2101 FOR YOUR INFORMATION

Muskogee’s Federal Courthouse Celebrates 100th Anniversary The public is invited to attend a celebration and open house commemorating the centennial of the federal courthouse hosted by the U.S. District Court for the Eastern District of Oklahoma. The event will be held on Thursday, Nov. 19, at 1 p.m. on the second floor of the classical reviv- al building located at Fifth and Okmulgee streets in Muskogee. The federal building was completed in November 1915 and has recently under- gone an extensive restoration. “We invite the public to attend this open house and observe how their courthouse has been returned to its original splendor,” said Chief Judge James H. Payne. In addition to a ceremony in the second floor courtroom, historic photos and other artifacts will be on display for the public’s viewing. Refreshments will also be served. Seating is limited in the courtroom and sections will be reserved for speakers and special guests. Former judges who have served the Eastern Dis- trict as well as judges from the 10th Circuit will offer remarks, along with former Oklahoma Attorney General Drew Edmondson — the son of Ed Edmondson, for whom the courthouse was named in 2004. Keynote speaker will be local historian Jonita Mullins, who will give a brief history of the court and the 100-year-old building. Visitors will pass through security screening to enter the building and no cameras are allowed. For more information and to RSVP contact Chief Deputy Clerk Tami Collins, 918-684-7911; Tami_ [email protected].

Young Lawyers Survey Contest LHL Discussion Group Hosts Winners Announced Upcoming Meeting Congratulations to Gene Thompson “Developing an ‘Attitude of Gratitude;’ Being Posi- of Sapulpa and Charis Ward of Okla- tive” will be the topic of the Nov. 5 meeting of the homa City, who were each randomly Lawyers Helping Lawyers monthly discussion selected to receive a $50 Sonic gift group. Each meeting, always the first Thursday of card courtesy of the OBA Young each month, is facilitated by committee members and Lawyers Division. Mr. Thompson a licensed mental health professional. The group and Ms. Ward were among more meets from 6 to 7:30 p.m. at the office of Tom Cum- than 450 lawyers who recently took mings, 701 N.W. 13th St. Oklahoma City. There is no part in a survey related to the future cost to attend and snacks will be provided. RSVPs to of legal services among new and Kim Reber, [email protected], are encouraged young OBA members. The feedback to ensure there is food for all. provided an invaluable resource to help the OBA as it strives to tailor its • Interested in forming a discussion group in Tulsa? services to better serve our members. Contact Hugh Hood: 918-747-4357. Thanks to all who participated! LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM Call 24/7 — 800-364-7886

2102 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Mock Trial Workshop Held at Bar Center Members of the OBA Mock Trial Executive Com- mittee recently welcomed dozens of students, teachers and attorney coaches to a mock trial workshop held at the Oklahoma Bar Center on Oct. 5. Attendees got an overview of the program and heard from expert speakers who provided tips for improving skills in competition. In mock trials, high school students in grades 9 through 12 model the roles of attorneys, plaintiffs and defendants. They actively prepare and present their cases under the direct supervision of teacher coaches and attorney advisors. Although these are mock trials, they are heard by real judges in a courtroom setting. Student performance is evaluated by a panel of lawyers. By interpreting, analyzing and portraying the major issues of a case, students obtain a unique OBA Mock Trial Executive Committee mem- insider’s perspective of the American legal pro- bers and guests worked directly with high cess. Participants develop self-esteem, poise and school students during the half-day workshop. confidence through both individual and team Clockwise from top left: Todd Murray, Okla- efforts. The program helps students develop pub- homa City; Melissa Peros, Stroud; Tai Chan lic speaking skills, encourages deductive and Du, Oklahoma City; Retired Judge Edward inductive reasoning, sharpens reading compre- Cunningham, Yukon; Program Coordinator hension, stimulates interest in governmental Judy Spencer, Oklahoma City; Jennifer studies and increases appreciation for our judicial Bruner, Oklahoma City. system as a means of enforcing society’s laws. Want to get involved in this great program for the upcoming competition season? Contact OBA Mock Trial Coordinator Judy Spencer, 405-755-1066, [email protected].

OBA Member Reinstatement Aspiring Writers Take Note The following OBA member suspended for We want to feature your work on nonpayment of dues or noncompliance with “The Back Page.” Submit articles the Rules for Mandatory Continuing Legal related to the practice of law, or Education has complied with the requirements send us something humorous, trans- for reinstatement, and notice is hereby given of forming or intriguing. Poetry is an such reinstatement: option too. Send submissions no more than two Christopher M. Hunt double-spaced pages OBA No. 13193 (or 1 1/4 single- 9907 N. 120th East Avenue spaced pages) to Owasso, OK 74055-2650 OBA Communications Director Carol Manning, [email protected].

Connect With the OBA Through Social Media Have you checked out the OBA Facebook page? It’s a great way to get updates and information about upcoming events and the Oklahoma legal community. Like our page at www.facebook.com/OklahomaBar Association. And be sure to follow @OklahomaBar on Twitter!

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2103 BENCH & BAR BRIEFS

web master, Ciera Freeman rad Clark of Midwest City as publicity chair and Leslie Bhas been named general McGuire is responsible for counsel to the State Board of name tags. Similar to past Education. He served as the arren Ellingson has been years, the inn and its masters Oklahoma Public School Dappointed as acting will continue to focus on Resource Center general director of insurance by Ari- mentoring and educating counsel and director of legal zona Gov. Douglas A. Ducey. its members. services and policy and previ- Before joining the Arizona ously represented the OSDE oots and Branches of Den- for nearly five years. He insurance department, he Rton, Texas has published oversaw multiple health care earned his J.D. from the OCU A Catalogue of Common People, School of Law. facilities in Oklahoma and a collection of personal essays Arkansas and served as dep- and commentaries by Mark artsfield & Egbert PLLC uty insurance commissioner Darrah. Mr. Darrah’s com- Hannounced that Mat- for the Oklahoma Insurance mentaries can also be heard thew C. Russell has joined Department. He received his on Public Radio Tulsa 89.5 the firm as an associate attor- J.D. from the OCU School FM. He maintains a solo prac- ney. His practice will focus on of Law. tice in Tulsa and is a 1982 personal injury law and fami- he Tulsa County Bar As- graduate of the OU College ly law. Mr. Russell graduated Tsociation presented the of Law. from the OU College of Law Golden Rule award to Stan in 2010. Monroe and Teresa Meinders olladay & Chilton PLLC Burkett. Judge William Kel- Hannounces the addition lough is the second quarter of Nicole Nash as an associ- recipient and Judge Carlos J. ate attorney. Her practice will Chappelle is the third quarter focus on advising and repre- recipient. The Golden Rule senting individuals and orga- award distinguishes individu- nizations in matters involving als for their outstanding ser- tate Superintendent of media and mass communica- vices to the legal profession. SPublic Instruction Joy Hof- tions law. Ms. Nash is a for- he Hudson Hall Wheaton meister announced that mer law clerk for Judge Robin TInn has announced the David L. Kinney was named J. Cauthron and she graduat- 2015-2016 session under the general counsel for the Okla- ed from the New York Law leadership of President Judge homa State Department of School in 2012. Education. He served 13 Deborrah Ludi Leitch. Other ignato, Cooper, Kolker & years as an assistant attorney leadership positions include Roberson PC has named general in the state’s general P Judge Kurt Glassco as past- Clayton B. Bruner as of coun- counsel section. Mr. Kinney president and Bryan Har- sel with the firm and Justin has also represented the rington and Kristin Fulton R. Williams as an association. Office of State Finance, the Harrington as administrators. Mr. Bruner was admitted to Oklahoma Lottery Commis- J. Schaad Titus will serve as the Oklahoma Bar in 2008 sion and the Oklahoma treasurer, Phil Richards as and is a graduate of the OU Teachers Retirement System. program chair and Craig A. College of Law. Mr.Williams He received his J.D. from the Fitzgerald will act as both will practice in the area of OU College of Law in 1984. membership chair and CLE general insurance defense chair. Other appointments are and graduated from the OU Judge Charles Hogshead as College of Law in 2015.

2104 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 klahoma City attorneys His practice will include orative law. She earned her OChris Smith and Roe commercial transactions and J.D. from the Washington & Simmons have merged their commercial litigation. He is Lee University Law School in existing law firms to create a 2015 graduate of the OU 1981. Contact information for Smith Simmons PLLC. The College of Law. Anne Scott Law PLLC, is main office will be based out 405-412-3258, annescottlaw@ hillips Murrah announced of Oklahoma City, with addi- gmail.com, and P.O. Box 248, the hiring of Erica K. tional offices in Dallas and P Edmond 73083. Her office is Halley and Ashley M. Scho- Austin, Texas. The firm will located at 3325 French Park vanec as associate attorneys. provide legal services in the Drive, Suite 2, in Edmond. Ms. Halley will join the trans- areas of business law, family actional practice group and he TU College of Law law, estate planning and will focus on a broad range named Christy Caves general civil litigation. The T of transactional matters. Ms. associate dean and director of firm may be contacted at Schovanec will join the firm’s professional development 405-843-1000 or you can visit litigation practice group and and Lauren Donald assistant www.smithsimmons.com. will represent individuals and dean for experiential learning ordy and Mordy PC both privately-held and pub- and director of externships. Mannounces that Carrie lic companies in civil litiga- As director of professional Pfrehm and Brad Wilson tion matters. Both are recent development, Ms. Caves will have been named partners. graduates from the OU assist students and alumni Ms. Pfrehm earned her J.D. College of Law. with career services. She from the OU College of Law earned her J.D. from the TU hristensen Law Group in 2008 and has been with the College of Law in 2005. Ms. has announced that Jacob firm since. She focuses her C Donald will help students Jean and Adam Christensen practice on probate and estate gain academic credit through joined the firm. Mr. Jean planning, bankruptcy, collec- real world experience. She earned his J.D. from the West tions and foreclosures, real earned her J.D. from the TU Virginia University College of property and contract law College of Law in 2007. Law in 2012. Mr. Christensen and general litigation. Mr. will work with individuals, Wilson received his J.D. from businesses, institutions, foun- the OCU School of Law in dations and insurance compa- 2010. He focuses his practice nies. He graduated from the on bankruptcy, collections OCU School of Law in 2011. and foreclosures, real property and contract law, oil and all Estill has announced gas law and real property title Hthe opening of a new examination. With the addi- office located in Nashville, tion of the new partners, the Tennessee. The new office firm has been renamed as will be headed by Susanna ike McBride and Susan Mordy, Mordy, Pfrehm and Gattoni. The Nashville office MHuntsman spoke at the Wilson PC. will focus on civil and crimi- National Federal Bar Associa- nal litigation with an empha- tion meeting. The topic was oerner Saunders Daniel sis on labor/employment and “New Developments in Fed- & Anderson LLP has D white collar fraud. Ms. Gatto- eral Indian Law: Tribal Court announced that Richard P. ni will continue to serve her Jurisdiction Over NonIndians Hix has rejoined the firm in clients in Oklahoma City. She and Violence Against Wom- its Tulsa office. He will lead earned her J.D. from the OU en’s Act Implementation.” the firm’s litigation practice College of Law in 1997. The speech covered domestic group’s class action defense violence on tribal lands, juris- practice area. He received his nna L. Scott has an- diction issues and recent J.D. from the Duke University Anounced the opening of developments. School of Law in 1977. her family law practice as a guardian ad litem, custody aul R. Foster was a fea- laney Tweedy & Tipton mediator and parenting coor- tured speaker at the recent PLLC announced that Eric P B dinator. Her focus will be on Community Bankers Associa- Odom has recently been conflict resolution and collab- tion of Oklahoma Annual hired as an associate attorney.

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2105 Convention held in Oklaho- Conference in Dallas. She pre- If you are an OBA member and ma City. He coordinated and sented “Two Paths to Justice: you’ve moved, become a part- moderated the presentation of Successful Collaboration ner, hired an associate, taken the bank regulatory panel Between Prosecutors and on a partner, received a promo- consisting of regulators from Advocates.” tion or an award, or given a state and federal agencies. talk or speech with statewide illiam H. Campbell The presentation covered or national stature, we’d like presented the keynote to hear from you. Sections, areas of current regulatory W address to the 2015 Annual committees, and county bar emphasis for banks as well as Conference of the Oklahoma associations are encouraged specifically addressing mea- Rifle Association meeting in to submit short stories about sures each agency is taking to Midwest City. He spoke on upcoming or recent activities. reduce the regulatory burden the issue of Constitutional Honors bestowed by other on banks. Carry and its roots in the 2nd publications (e.g., Super Law- yers, Best Lawyers, etc.) will not arrie L. Foster presented Amendment as well as the be accepted as announcements. Cat the Oklahoma Parale- current laws of the State of (Oklahoma-based publications gal Association and Rose Oklahoma. He addressed are the exception.) Information State College Paralegal Stud- whether or not the U.S. selected for publication is ies Program at their Summer Supreme Court decision in printed at no cost, subject to Seminar and Meeting. Ms. District of Columbia v. Heller editing, and printed as space Foster’s speech, “Paralegals provided a firm basis for permits. and the Oklahoma Financial the concept or whether the Submit news items via email to: Privacy Act (Civil Subpoe- founders considered the right nas)” discussed the Title 6 to be one which was inherent Mackenzie McDaniel requirements for obtaining and memorialized in the Communications Dept. records from financial insti- amendment. Oklahoma Bar Association 405-416-7084 tutions in the state of How to place an announce- [email protected] Oklahoma. ment: The Oklahoma Bar Journal esley Smith March spoke welcomes short articles or Articles for the Dec. 19 issue must Lat the National Organiza- news items about OBA mem- be received by Nov. 16. tion for Victim Assistance bers and upcoming meetings.

IN MEMORIAM

ohn N. Goodman of Okla- arry Worth Johnson of ment, co-founding the first Jhoma City died Aug. 31, BEdmond died Sept. 3, black owned CBS affiliate TV 2015. He was born Jan. 15, 2015. He was born in New station in the state of Texas 1945, in Durant. He earned Kensington, Pennsylvania, on and the National Association his B.A., J.D. and MBA from July 2, 1936. He graduated of Black Manufacturers. He OU. During his early career, from Har-Brack High School was a natural and generous he practiced with Conner, Lit- in Natrona Heights, Pennsyl- mentor and enjoyed reaching tle and Conner. In 1981, he vania, in 1954 and received out to help others. opened his own law office, his J.D. from the OCU School effery Joseph Sheridan where his practice focused on of Law in 1967. He served in of trusts, wills, estates, business the United States Army, sta- JCoweta died Sept. 10, 2015. and related litigation. Mr. tioned at Fort Sill in Lawton He was born Oct. 8, 1959, in Goodman was commissioned and fulfilled his military ser- Tulsa and received his J.D. as a second lieutenant in the vice in 1962. He received his from the TU College of Law JAG Corps and was honor- J.D. from the OCU School of in 1987. He served as an assis- ably discharged from the Law in 1967 and started his tant district attorney in Mus- U.S. Army Reserve in 1978. law career as an attorney for kogee, Sequoyah and Pawnee He was an avid golfer and Urban Renewal Authority. Mr. Counties. He was an avid out- had three holes-in-one. Johnson would be recognized doorsmen, motorcyclist and for his community involve- historian and enjoyed spending time with his family.

2106 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 oe R. Kennedy of Musk- was to help abused and Dec. 24, 1933, in Guthrie. He Jogee died Aug. 17, 2015. He neglected children, which served in the U.S. Marine earned his J.D. from the OU drove her to become an attor- Corps as a court reporter for College of Law in 1963 and ney at Legal Aid Services in military court hearings dur- his primary focus was civil Oklahoma City where she ing the Korean War and litigation, commercial law, helped victims of domestic graduated from the Naval banking law and personal violence. She enjoyed the out- School of Justice. He received injury law. His friends and doors, especially hunting, his J.D. from the OCU School family will remember him as fishing and camping. Her love of Law in 1974 and practiced being faithful, intelligent and of anything OSU, the Oklaho- law with a focus in criminal friendly. ma City Thunder and animals defense. He was appointed by was also well-known. Gov. George Nigh as associate ewell E. West of Tulsa district judge in Logan Coun- died Sept. 9, 2015. He obert Henry Warren Jr. N ty and also served as assistant was born Oct. 27, 1918, and died Aug. 17, 2015. He R district attorney in Blaine graduated from Central High was born Jan. 27, 1921, in County. He was an avid quail School in 1936. He was a life- Hugo. During WWII he hunter, dog trainer and Civil long resident of Tulsa. He enlisted in the Army Air War historian. He loved the served in the U.S. Army Corps for four years, serving opera, John Wayne western during WWII on a special at Tinker Air Force, Ran- movies and travel. branch in southern Germany dolph Field in San Antonio which located and appre- and the U.S. Air Base in avid Walter Phillips of hended former Nazi officers Kumming, China. After the DSand Springs died Aug. and soldiers who were tried war, he earned his J.D. from 9, 2015. He was born Oct. 23, for war crimes. After the war, the OU College of Law in 1993, in Carthage, Missouri. Mr. West finished his educa- 1948. He was a third genera- He served in the U.S. Navy tion and received a J.D. from tion lawyer and practiced law and upon his honorable dis- the TU College of Law. He for more than 50 years. He charge earned his J.D. from started and ran his own elec- served as director of the Okla- the TU College of Law in trical company, Delta Electric, homa County Bar Association, 1965. He actively supported for more than 30 years and was a Sustaining Lifetime his community through his then went on to operate a Fellow of the Oklahoma Bar involvement in Mission Chris- small legal practice. He Foundation, served on the tian Church, serving on the played baseball, softball, ice Bench and Bar Committee steering committee during the hockey, competed in stock car and Real Property Committee, church’s beginning and as an races and owned, serviced as well as the Professional elder. He was a member of and flew his own airplane. Responsibility Tribunal. He the Sand Springs Rotary Club was a member of the Kiwanis and served as president of the onya Lea Patterson of Club of Oklahoma City, life organization from 2008-2009. Oklahoma City died Sept. S member of the OU Alumni He was also an active member 5, 2015. She was born Aug. 5, Association and the St. Luke’s of the Tulsa County Bar Asso- 1985, and graduated from United Methodist Church and ciation and the OBA. He Oak Grove High School in board of trustees. enjoyed watching football 2003. She received her J.D. and high stakes poker. from the OCU School of Law obert Jerome Ward died in 2012. Her lifelong ambition RSept. 4, 2015. He was born

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2107 WHAT’S ONLINE

ANNUAL MEETING

Registration Register by mail, fax or online! Walk-ins also welcome!

www.amokbar.org

CLE This year, Annual Meeting CLE is all about “U!” Sign up to learn about legal tips and trends, elder investment fraud, rock ‘n’ roll law, preserving Oklahoma appeals in our courts and why civility matters. www.amokbar.org/cle

Hotel Info Fees do not include hotel accommodations. The deadline has expired to take advantage of the discounted room rate booked through the hotel website. Email OBA Director of Administration Craig Combs at [email protected], who has reserved a few extra rooms at the special price. www.starwoodmeeting.com/Book/OBA2015

Bar Business It’s important to know what’s going on in your organization! Read up on resolutions, House of Delegates info and get to know the candidates for next year’s officers and Board of Governors before the Annual Meeting. www.amokbar.org/bar-business

OBA Awards Congrats to this year’s OBA Award winners! Check out the list of winners at www.amokbar.org/awards

Program of Events This year’s lineup includes inspirational luncheon speaker Eric Liu, several great CLE opportunities, the President’s Recep- tion, OBA sections event and more!

www.amokbar.org/program-of-events

2108 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 CLASSIFIED ADS

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Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2109 OFFICE SPACE POSITIONS AVAILABLE

MIDTOWN TULSA LAW OFFICE – 1861 E. 15th. Utica TALLEY, TURNER & BERTMAN is a full-service law

Square district. Receptionist, copier, phone, fax, wire- firm in downtown Norman, OK. The firm has an im- less internet, alarm system, conference room, signage, mediate opening for an associate attorney. Duties will kitchen. Ample Parking. Virtual Office leases also include transactional work and litigation related to available. Contact Terrie at 918-747-4600. general business law, real estate law, and family law. TAKE CONTROL of the growth of your law firm! EX- We are looking for an attorney willing to work as a team member with other attorneys and the support

PAND your real estate law practice into an untapped and underserved county! We have newly remodeled of- staff in the office. Client service is a priority. Must be fice space available in Antlers, OK to perfectly fit your professional and ready to keep the cases and projects needs. Contact Jim at 580-298-3001 to set up a viewing. moving. Recent law school graduates are welcome to apply. Send cover letter, résumé and transcript to PREMIUM OFFICE SPACE FOR LEASE. South Okla- [email protected].

homa City established law firm has space available to FULL SERVICE, AV-RATED, DOWNTOWN TULSA lease effective October 1, 2015. Send inquiries to “Box

LAW FIRM seeks associate attorney with 3 - 6 years’ AB,” Oklahoma Bar Association; PO Box 53036; Okla- commercial litigation experience. Solid deposition and homa City, OK 73152. trial experience is a must. Our firm offers a competitive LUXURY SOUTH TULSA OFFICE SPACE. Beautiful salary and benefits, with bonus opportunity. Submit

25’ x 13’ office available immediately in established law résumé and references to “Box P,” Oklahoma Bar As- firm near 101st & Sheridan. Includes fully furnished of- sociation; PO Box 53036; Oklahoma City, OK 73152. fice cleaned nightly, receptionist, reception area, conference room, kitchen/work room, building security and THE OKLAHOMA BAR ASSOCIATION HEROES pro- free parking. $850/month - call Leslie at (918) 298-1716. gram is looking for several volunteer attorneys. The need for FAMILY LAW ATTORNEYS is critical, but attorneys from all practice areas are needed. All ages, all POSITIONS AVAILABLE counties. Gain invaluable experience, or mentor a NORMAN LAW FIRM IS SEEKING sharp, motivated young attorney, while helping someone in need. For more information or to sign up, contact Gisele Perry- attorneys for fast-paced transactional work. Members of our growing firm enjoy a team atmosphere and an man, 405-416-7086 or [email protected]. energetic environment. Attorneys will be part of a cre- FAMILY LAW FIRM SEEKS ATTORNEY with mini-

ative process in solving tax cases, handle an assigned mum one year’s experience. Résumé; writing sample caseload, and will be assisted by an experienced support and two references required. Mail to “Box CD,” Okla- staff. Our firm offers health insurance benefits, paid va- homa Bar Association, P.O. Box 53036, Oklahoma City, cation, paid personal days, and a 401K matching pro- OK 73152. gram. Applicants need to be admitted to practice law in Oklahoma. No tax experience necessary. Submit cover WOULD YOU LIKE TO BE PART OF A FAST-PACED, letter and résumé to [email protected]. HIGHLY COLLABORATIVE LITIGATION TEAM? If you’re a litigation paralegal with at least 5 years’ expe- Seeking exceptionally qualified LAWYERS AND LAW rience and you love working on a team where initiative

STUDENTS who have a desire to LEAD, be CHAL- and proactive thinking are highly valued, please con- LENGED and gain extensive court room knowledge tact us now. This position requires Microsoft Suite, liti- and experience while serving as a Marine Officer and gation software, document production planning and JUDGE ADVOCATE GENERAL. Full time and part analysis, and heavy document management, including time Officer commissioning opportunities. JAG BO- e-discovery and trial prep. Our team-based client focus NUS and FINANCIAL AID for law school available. makes this a special place to work. If you have the re- Please call the Marine Officer Selection Team at quired experience, and like working proactively on 405-447-4809 for more information. teams and dealing directly with clients or vendors, sub- COFFEY, SENGER & MCDANIEL, PLLC seeks a re- mit your résumé to [email protected].

search and writing attorney with 4 to 7 years of experience. Will also hire on a contract basis. Please submit BARBER & BARTZ IS SEEKING AN ATTORNEY with

résumé and writing sample to [email protected]. a minimum of 8 years of business and civil litigation experience. The ideal candidate will have solid litiga- OKLAHOMA CITY LAW FIRM SEEKING associate tion experience, excellent communication skills and be

with at least 2-3 years of civil litigation experience. well organized. Candidates seeking a firm with a team Must have good research and writing skills and be able approach to litigation and a firm characterized by an to assist with discovery, drafting pleadings and prepar- environment encouraging faith and family will be in- ing cases for trial. We can provide flexible work schedule terested in this unique opportunity. The compensation (hours and location). Job offers good benefits, competi- package is commensurate with level of experience and tive salary and incentive bonuses. Submit confidential qualifications. An exceptional benefit package includes résumé, writing sample and salary requirements to bonus opportunity, health insurance, life insurance and [email protected]. 401K with match. Applications will be kept in strict confidence. Please send résumé to Robert J. Bartz, 525 South Main Street, Suite 800, Tulsa, OK 74103.

2110 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 POSITIONS AVAILABLE POSITIONS AVAILABLE

LEGAL ASSISTANT NEEDED for small NW OKC PARRISH DEVAUGHN INJURY LAW- office. Personal injury and family law experience preferred. Send résumé and salary requirements to YERS are hiring trial attorneys who are [email protected]. interested in working in our litigation AV RATED OKLAHOMA CITY LAW FIRM is seeking department. Interest in trying cases is an attorney with 3-5 years of civil litigation experience. imperative. We offer excellent pay, Emphasis on insurance defense, civil rights, and employment law. The ideal candidate will be a self-starter work environment, and benefits. Con- with a strong work ethic, solid litigation experience, tact Pepper DeVaughn at pepper@ and excellent communication and organizational skills. pepperwins.com. The compensation package is commensurate with level of experience and qualifications. Benefits include health insurance, life insurance, and 401(k) with match. LITIGATION ATTORNEY NEEDED WITH 3+ YEARS Applications will be kept in strict confidence. Please OF EXPERIENCE for AV-rated mid-sized NW OKC send résumé to “Box Y,” Oklahoma Bar Association, law firm to help with litigation concerning oil & gas ti- P.O. Box 53036, Oklahoma City, Oklahoma 73152. tles and real property titles, and probates. Send cover letter and résumé to “Box S,” Oklahoma Bar Associa- OKLAHOMA TITLE ATTORNEY - EDMOND AREA. tion; PO Box 53036; Oklahoma City, OK 73152.

Red Stone Resources, LLC specializes in acquiring oil AV RATED OKC/TULSA insurance defense firm seeks and gas minerals. We are looking for a Title Attorney to associate with 3 to 10 years litigation experience in bad join our team of professionals. Responsibilities will in- faith/civil litigation for OKC office. Salary and benefits clude, but not be limited to: efficiently reviewing and commensurate with experience. Send replies to “Box examining title research, identifying title defects and GG,” Oklahoma Bar Association, P.O. Box 53036, Okla- completing curative actions as required, such as quiet homa City, OK 73152. title, probates and ancillary probates. MUST have experience and be well versed in Oil and Gas Law in Oklahoma. Please email résumé to sb@redstone CLASSIFIED INFORMATION resourcesllc.com or sebastian.cosme@redstoneresources REGULAR CLASSIFIED ADS: $1 per word with $35 minimum llc.com, or fax to 405-562-1208. per insertion. Additional $15 for blind box. Blind box word count must include “Box ___,” Oklahoma Bar Association, PO IN-HOUSE LEGAL SECRETARY. Love’s Travel Stops Box 53036, Oklahoma City, OK 73152.”

& Country Stores, Inc. seeks a full-time legal secretary for its OKC Corporate Legal Department. Two years’ DISPLAY CLASSIFIED ADS: Bold headline, centered, border are $50 per inch of depth. experience as a legal secretary in a law firm or corporate legal department required. Purpose of position is to pro- DEADLINE: See www.okbar.org/members/BarJournal/ vide full range of secretarial and administrative support advertising.aspx or call 405-416-7018 for deadlines. to multiple members of the Legal team, including cleri- SEND AD (email preferred) stating number of times to be cal, receptionist, technical and organizational assistance. published to: Eligible for full benefits package. Qualified candidates [email protected], or are urged to act quickly and apply online for the “Legal Emily Buchanan, Oklahoma Bar Association, PO Box 53036, Secretary” position at www.loves.com/jobs. Oklahoma City, OK 73152. HARD WORK REWARDED at young, growing, AV- Publication and contents of any advertisement are not to be deemed an endorsement of the views expressed therein, nor rated downtown OKC firm with 9 attorneys. Pignato, Cooper, Kolker & Roberson, P.C. is seeking 2 associates shall the publication of any advertisement be considered an endorsement of the procedure or service involved. All placement with 0 to 3 years civil litigation experience, preferably notices must be clearly non-discriminatory. insurance defense. Strong research and writing skills a must. Best benefits in town. Salary and bonuses com- DO NOT STAPLE BLIND BOX APPLICATIONS. mensurate with experience. Send résumé and writing sample to Pignato, Cooper, Kolker & Roberson, P.C., attention: Managing Partner, 119 N. Robinson Ave., 11th Floor, OKC, OK 73102 or [email protected].

Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2111 THE BACK PAGE Tilting After Windmills Diagnostic Tools for Truth in Custody Disputes By Donelle Ratheal

Occasionally my husband gently did not understand the other signifi- custody. I had a “bad” feeling about teases me that I am an idealist, a cance of the Brown decision until him, but no proof other than the “Doña Quixote.” Maybe so. But my years later. child’s complaints to her therapist goal is to present the truth at trial, that her father hugged her too hard Brown was one of the first U.S. not just my client’s perspective. at night when they were sleeping Supreme Court judicial opinions to Truth is defined in some dictionaries together. The judge denied my openly rely upon psychological data as “that which is based upon fact or motions for a guardian ad litem and for the basis of its decision. The reality.” As a litigator, I am trained a custodial evaluation because 1) I Brown court understood that its to argue the law, based upon specif- had no proof he had done anything prior legal rational analysis could ic facts. In family law, the facts relat- inappropriate, and 2) the judge’s not survive modern scientific test ing to interpersonal relationships, experience as a schoolteacher was results. Psychological data demon- parenting abilities and mental health sufficient to interview the child. strated that its legal, rational are almost always inextricably inter- concept of “separate but equal” The father called DHS during the twined with psychological data. was harmful to African-American case and accused my clients of sexu- Reliable psychological diagnostic ally abusing the child. I called the testing tools are critical to my prac- DHS caseworker to testify at trial. tice. How can I give a judge the nec- She testified that the father’s claims essary information he/she needs were frivolous, and she believed the about the relationship between a little girl was at risk for sexual abuse parent and child through lay wit- from him. The judge interviewed ness testimony alone? How can I the little girl, six years old, for about verify my client’s concerns that his 20 minutes, dissolved the guardian- spouse has a mental health disorder ship and awarded custody to the that could potentially impact their father. The appellate court affirmed child’s emotional development? the decision, finding the denial of Without reliable psychological data, the two motions within the judge’s the judge will hear little else at trial discretion. except opposing perspectives from Eleven years later, the grand- two parties, each believing he/she parents called me. Their now is the better choice for custody. 17-year-old granddaughter was in At a minimum, I ask for a guard- DHS custody, pregnant with her ian ad litem in disputed custody, father’s baby. Two female cousins visitation and relocation cases. If I whom he molested when they were have the financial resources, I ask young had called DHS. He killed children’s self-worth because it for both a custodial evaluation and a himself shortly after DHS assumed conveyed a pervasive and harmful guardian ad litem. With both, I know emergency custody. No client has psychological message of inferiority, that the judge will have recommen- ever complained about the cost of a one that would “affect their hearts dations focused on the child’s best guardian ad litem or an evaluation. and minds in a way unlikely ever to interests, based upon reliable psy- be undone.” Most judges now appoint a chological data. When the guardian guardian ad litem as a matter of ad litem and custody evaluator make Some states now require either a course in custody disputes. Most the same recommendations, it also guardian ad litem or a custodial eval- judges will approve a custodial eval- lowers the possibility that it will uation in custody disputes. Oklaho- uation, if even a limited psychologi- return to court. In my opinion, that’s ma, unfortunately, requires neither. cal evaluation, if custody is at issue a valuable investment for both bar When a client asks why I recom- and my client is willing to pay for it. and bench. mend an evaluation and/or a I am so very grateful, because I guardian ad litem in the case, I relate I understood the legal significance sleep better at night. With these one particularly difficult custody of Brown v. Board of Education, 347 options, I have trust that the truth, dispute. U.S. 483 (1954), when I read it in law in some measure, will be disclosed. school. It abolished segregation in My clients, the grandparent Ms. Ratheal practices in Oklahoma public education and ultimately led guardians, were concerned about City and Clinton. to equal access to all aspects of life. I the biological father who filed for

2112 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 8:30 a.m. Registration and Continental Breakfast

9:00 Program includes 10-minute break

11:40 Networking lunch included in registration

12:10 p.m. Program Continues includes 10-minute break & ethics

2:50 Adjourn

AVAILABLE NEW PROGRAM, NEW TOPICS

Topic Covered: ADVANCED • Oratorical Devices in Cross Examination • Trilogies • Loops (labeling) CROSS-EXAMINATION • Double Loops (best way to cross experts) • Spontaneous Loops (one of the separations with Roger Dodd between good and great cross) • Demonstratives in Cross NOVEMBER 13, 2015 • Exhibits in Cross • Constructive Cross of Opposing Experts Oklahoma Bar Center, 1901 N. Lincoln Blvd. • Chapters - How to prepare, build, and present cross in an organized cross • Sequence of Chapters in Cross • Page Preparation of Cross • Cross in Depositions • Ethics

CLE CREDIT: This course has been approved by the Oklaho- ma Bar Association Mandatory Continuing Legal Education Commission for 6 hours of mandatory CLE credit, including 1 hours of ethics.

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