Incarceration Alternatives

Volume 78 No. 30 November 3, 2007

The New Essential

This latest addition to the Oklahoma Practice Series compiles coverage of all applicable family law caselaw and statutes in a single volume. It offers practice tips, checklists and essential forms, as well as Child Support Guidelines. It is a “must have” for anyone who occasionally or consistently practices in this area. ALSO INSIDE About the author . . . • Meet This Year’s Award Winners A former president of the Oklahoma Bar Association, Melissa DeLacerda has • 2008 Committee Sign-Up Form over 25 years of private practice experience, with heavy emphasis on family law. • New Member Beneﬁt Announced She received her J.D. with honors from the University of Tulsa College of Law.

For more information, please call 1-800-762-5272

Vol. 78 — No. 30 — 11/3/2007 IncarcerationThe Oklahoma Bar JournalAlternatives 2801 Calendar of Events OBA CLE Seminars

NOV. 30 – OKC DEC. 12 – OKC IT’S TIME TO GROW YOUR RETIREMENT Advanced Estate Planning 2007 DEC. 13 – TULSA The Winner’s Circle: An Evening Where in the World is Atticus Finch of Ethics, Food & Racing Fun in 2007? Ethics, Professionalism, and Civility in the Practice of Law

DEC. 6 – OKC 22nd Annual Advanced Bankruptcy DEC. 19 – OKC Seminar: A Centennial Year’s DEC. 20 – TULSA Retrospective and Prospective View The 5th Annual Legal Ethics Musical of Bankruptcy - Day 1 - A Singing Centennial Celebration

DEC. 6 – TULSA DEC. 20 – OKC DEC. 13 – OKC DEC. 21 – TULSA Recent Developments Day 1 Darrow - Attorney for the Damned

DEC. 7 – OKC DEC. 14 – TULSA Legal professionals know that growing a future begins now. 22nd Annual Advanced Bankruptcy DEC. 21 – OKC A good start is selecting the right resource for a retirement plan Seminar: A Centennial Year’s for your firm. Your best option may be the cost-effective program Retrospective and Prospective View Litigation and Trials in the Digital Age that was created by lawyers for lawyers, and run by experts. of Bankruptcy - Day 2 ABA Retirement Funds has been providing tax qualified plans for over 40 years. Today our program offers full service solutions DEC. 7 – TULSA including plan administration, investment flexibility and advice. DEC. 14 – OKC Now we also offer our new Retirement Date Funds that regularly Recent Developments Day 2 rebalance the fund’s assets based on your selected target Check registration retirement date. Plus, our program now accepts Roth 401(k) contributions from profit sharing plans that currently offer a times at 401(k) feature. Isn’t it time to start growing your future with Please visit the ABA www.okbar.org the ABA Retirement Funds? Retirement Funds Booth at the upcoming You may register LEARN HOW YOU CAN Call an ABA Retirement Funds Consultant at Oklahoma Bar Association GROW YOUR FUTURE WISELY 1-877-945-2272 www.abaretirement.com online at Annual Meeting for a free www.okbar.org GET A FREE PLAN COST COMPARISON cost comparison and Is your plan as cost-effective as it could be? plan evaluation. or call Just call 1-877-945-2272 for a custom cost comparison 405.416.7006 November 7-9, 2007

Sheraton Hotel, Oklahoma City, OK

For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak to a Program consultant, call 1-877-945-2272, or visit www.abaretirement.com or write November & December ABA Retirement Funds P.O. Box 5142 • Boston, MA 02206-5142 • [email protected]. Be sure to read the Prospectus carefully before you invest or send money. The Program is available through the Oklahoma Bar Association as a member benefit. However, this does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 11/2006 IT’S TIME TO GROW YOUR RETIREMENT

Legal professionals know that growing a future begins now. A good start is selecting the right resource for a retirement plan for your firm. Your best option may be the cost-effective program that was created by lawyers for lawyers, and run by experts. ABA Retirement Funds has been providing tax qualified plans for over 40 years. Today our program offers full service solutions including plan administration, investment flexibility and advice. Now we also offer our new Retirement Date Funds that regularly rebalance the fund’s assets based on your selected target retirement date. Plus, our program now accepts Roth 401(k) contributions from profit sharing plans that currently offer a 401(k) feature. Isn’t it time to start growing your future with Please visit the ABA the ABA Retirement Funds? Retirement Funds Booth at the upcoming LEARN HOW YOU CAN Call an ABA Retirement Funds Consultant at Oklahoma Bar Association GROW YOUR FUTURE WISELY 1-877-945-2272 www.abaretirement.com Annual Meeting for a free GET A FREE PLAN COST COMPARISON cost comparison and Is your plan as cost-effective as it could be? plan evaluation. Just call 1-877-945-2272 for a custom cost comparison November 7-9, 2007

Sheraton Hotel, Oklahoma City, OK

For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak to a Program consultant, call 1-877-945-2272, or visit www.abaretirement.com or write ABA Retirement Funds P.O. Box 5142 • Boston, MA 02206-5142 • [email protected]. Be sure to read the Prospectus carefully before you invest or send money. The Program is available through the Oklahoma Bar Association as a member benefit. However, this does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 11/2006 The New Essential

About the author . . . A former president of the Oklahoma Bar Association, Melissa DeLacerda has over 25 years of private practice experience, with heavy emphasis on family law. She received her J.D. with honors from the University of Tulsa College of Law.

For more information, please call 1-800-762-5272

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Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2801 Mark Your Calendar and Register Today ANNUAL CRIMINAL LAW SECTION LUNCHEON Petroleum Club - 100 North Broadway, Oklahoma City Wednesday, November 7, 2007, 12:00 - 1:30 p.m.

David Iglesias, former United States Attorney, has graciously accepted our invitation to be the guest speaker at the Annual Criminal Law Section Luncheon to be held at the Petroleum Club on Wednesday, November 7th during the annual meeting of the Oklahoma Bar Association. Seating is limited so register today! The delicious luncheon menu includes a salad, hali- but and chicken, Petro potato and vegetable, rolls, crème brulee cheesecake with fresh berries and chocolate sauce, coffee, tea and water.

Registration Form

Last Name (Print) ______First Name ______Address ______City ______State ______Zip ______E-Mail ______Phone (___)______Fax ( __ )______OBA Number: ______

Registration (Check appropriate boxes): [ ] $18 - Criminal Law Section Member attending the luncheon [ ] $25 after Nov. 1st [ ] $20 per guest if accompanied by a member. Guest Name: ______[ ] $30 - Nonmember (includes section membership for 2008) $____ Total Enclosed

Payment (Select One): Check ___ Visa ___ MasterCard ___ Card #______Exp. Date ______

Signature required ______

Remit form and payment to Jenny Barrett, Membership Coordinator OBA, PO Box 53036, Oklahoma City, OK. 73152 or fax to (405) 416-709

2802 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 DEPARTMENTS HEME T : 2804 From the President DIVERSION PROGRAMS 2882 From the Executive Director INCARCERATION ALTERNATIVES 2884 Law Practice Tips Editor: Judge Lori Walkley 2887 Ethics/Professional Responsibility 2888 OBA Board of Governors Actions 2892 Oklahoma Bar Foundation News contents 2894 Access to Justice November 3, 2007 • Vol. 78 • No. 30 2896 Young Lawyers Division 2899 Calendar 2901 For Your Information 2903 Bench and Bar Briefs 2908 In Memoriam 2883 Editorial Calendar 2912 The Back Page

pg. 2807 pg. 2842 Award Winners

FEATURES PLUS 2807 Oklahoma Drug Courts: 2842 Annual Meeting Fighting Addictions & Changing Behaviors 2877 New Member Benefit Announced 2815 Family Drug Courts 2878 Committee Invites Review of Proposed Code of Judicial Conduct 2823 Mental Health Courts 2879 2008 Committee Sign-Up Form 2829 A Prosecutor’s Viewpoint on Community Sentencing: 2880 Custer County Bar Association Hosts Public Safety Comes First OBA Board of Governors 2833 AAP: Procedural View from a Defense Attorney 2837 Community Sentencing: A Judicial Perspective pg. 2877 Member Benefit

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2803 FROM THE PRESIDENT

The Good that Lawyers Do By Stephen Beam

As all of you know, when a lawyer commits a month, the Young Lawyers Division crime or is being subjected to discipline, the press is quick is planning a will signing at the to cover it. These things make front page news “above the Oklahoma County Jail. The young fold,” as I have learned to say from Carol Manning, and lawyers will be present at the vari- appear on the evening news. However, the press is not ous shift changes to be available to nearly as quick to cover the good things we do. the maximum number of law enforcement personnel on that date. Last year, I decided a great service project for the Okla- Future will signings will take place homa Bar Association to undertake was the Wills for in Tulsa and rural areas of the state. Heroes program. The program is designed to provide free- of-charge wills, powers of attorney and advance directives Partially through the efforts of our to firefighters and law enforcement personnel Young Lawyers Divi- across the state. I assigned this task to the sion, the ABA Young OBA’s public service arm, the Young Law- Lawyers Division has yers Division. Chris Camp, this year’s YLD The OBA… made the Wills for chair, was quick to embrace this program. He Heroes project its asked Lindsey Willis Andrews and Rick Rose is ahead of national public service to co-chair this program. Chris has agreed to the curve project. Our young serve as the Tulsa County coordinator begin- lawyers have received ning in January when his term as YLD chair nationally. an ABA sub-grant to ends. assist with the implementation of this pro- Since this is a new program, it took several gram. Once again, the months to get it off the ground. Training sessions have OBA, and in particular our Young now been held both in Oklahoma City and Tulsa. Approxi- Lawyers Division, is ahead of the mately 15 young lawyers are trained to prepare wills and curve nationally. other estate planning documents. A DVD featuring Mark Osby of Yukon is being used in these training sessions. I personally attended the Fraternal Mark prepared the intake sheet and will drafting forms. Order of Police will signing. I want to let you know the law enforcement The effort necessary to make this program a success is officers were truly grateful for this tremendous. Our young lawyers first make contact with service. I think it is always good for the various fire and law enforcement departments to dis- lawyers to meet with and interact cuss the program. Intake sheets are then personally with police officers and firefighters distributed by the young lawyers. Questions are then other than in a professional setting answered about the intake sheets and documents to at the courthouse. be prepared. On the day of the will signings, the young lawyers meet personally with each individual As you know, many people do not about the will or other estate planning documents. have wills or other estate planning The documents are then prepared, produced and documents. There is a great need for executed on the spot. This is an unbelievable public this service. I want to thank Lindsey, service project. Chris, Rick and Mark for their outstanding efforts in this area. You GableGotwals and Echols & Associates provided make all of us look good. The media the computers and printers necessary to prepare the has not been quick to embrace this documents at the various will signings. I want to project, but the Communications thank both of these law firms for their generous con- Department is continuing efforts to tributions. Miller Dollarhide has provided a legal publicize these events. I wanted to assistant, Maranda Miles, at all will signings to nota- let you know about the efforts of the President Beam rize the documents and assist in other ways. practices in Young Lawyers Division in general Weatherford. To date, will signings have taken place at the and the young lawyers I mentioned [email protected] Yukon Fire Department and at the Fraternal Order of above in particular. Please tell them (580) 772-2900 Police Lodge in Oklahoma City. Within the next thank you when you see them.

2804 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 OFFICERS & BOARD OF GOVERNORS Stephen D. Beam, President, Weatherford J. William Conger, President-Elect, Oklahoma City EVENTS CALENDAR Jack S. Dawson, Vice President, Oklahoma City William R. Grimm, Immediate Past President, Tulsa NOVEMBER Julie E. Bates, Oklahoma City Dietmar K. Caudle, Lawton 7-9 OBA 103rd Annual Meeting; Sheraton Hotel, One North Broadway, Cathy M. Christensen, Oklahoma City Oklahoma City Donna L. Dirickson, Weatherford Robert S. Farris, Tulsa 8 OBA Board of Governors Meeting; Sheraton Hotel, One North Brian T. Hermanson, Ponca City Broadway, Oklahoma City; Contact: John Morris Williams (405) 416-7000 Michael W. Hogan, McAlester R. Victor Kennemer III, Wewoka OBF Board of Trustees Meeting; Sheraton Hotel, One North Broadway, Deborah A. Reheard, Eufaula Oklahoma City; Contact: Nancy Norsworthy (405) 416-7070 Robert B. Sartin, Tulsa 12 Veteran’s Day (State Holiday) Alan Souter, Bristow Peggy Stockwell, Norman 14 Ginsburg Inn of Court; 5 p.m.; Oklahoma Bar Center, Oklahoma City; Christopher L. Camp, Tulsa, Chairperson, Contact: Julie Bates (405) 691-5080 OBA/Young Lawyers Division 16 Statehood Day (State Holiday) BAR CENTER STAFF John Morris Williams, Executive Director; 19 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Dan Murdock, General Counsel; Donita Bourns Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Douglas, Director of Educational Programs; Contact: Larry Yadon (918) 595-6607 Carol A. Manning, Director of Public Information; 22-23 Thanksgiving Holiday (State Holiday) Craig D. Combs, Director of Administration; Gina L. Hendryx, Ethics Counsel; Jim Calloway, 28 OBA Clients’ Security Fund Committee Meeting; 2 p.m.; Oklahoma Director of Management Assistance Program; Rick Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Loomis, Director of Information Systems; Beverly S. Micheal Salem (405) 366-1234 Petry, Administrator MCLE Commission; Jane McConnell, Coordinator Law-related Education; Janis Hubbard, First Assistant General Counsel; DECEMBER Mark Davidson, Loraine Dillinder Farabow and Janna D. Hall, Assistant General Counsels; Robert 4 OBA Bar Center Facilities Committee Meeting; 9 a.m.; Oklahoma D. Hanks, Senior Investigator; Sharon Orth and Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Dorothy Walos, Investigators Bill Conger (405) 521-5845 Nina Anderson, Manni Arzola, Jenn Barrett, 6 OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar Debbie Brink,Melissa Brown, Brenda Card, Center, Oklahoma City; Contact: H. Terrell Monks (405) 733-8686 Sharon Dotson, Johnny Marie Floyd, Matt Gayle, 12 State Legal Referral Service Task Force Meeting; 1 p.m.; Susan Hall, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, Durrel Lattimore, Heidi Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; McComb, Renee Montgomery, Wanda Reece- Contact: Dietmar Caudle (580) 248-0202 Murray, Tracy Sanders, Mark Schneidewent, 14 OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar Center, Dana Shelburne, Robbin Watson,Laura Willis & Oklahoma City and OSU Tulsa; Contact: Donelle Ratheal (405) 842-6342 Roberta Yarbrough OBA Board of Governors Meeting; Oklahoma Bar Center, Oklahoma EDITORIAL BOARD Editor in Chief, John Morris Williams City ; Contact: John Morris Williams (405) 416-7000 News & Layout Editor, Carol A. Manning 25 Christmas Day (State Holiday) Editor, Melissa DeLacerda, Stillwater Associate Editors: Steve Barnes, Poteau; Martha Rupp Carter, Tulsa; Mark Curnutte, Vinita; Luke Gaither, Henryetta; D. Renee Hildebrant, Oklahoma City; John Munkacsy, Lawton; Julia For more events go to www.okbar.org/news/calendar.htm Rieman, Enid; James Stuart, Shawnee and Judge Lori M. Walkley, Norman The Oklahoma Bar Association’s ofﬁ cial Web site: www.okbar.org NOTICE of change of address (which must be in THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar writing and signed by the OBA member), unde- Association. All rights reserved. Copyright© 2007 Oklahoma Bar Association. liverable copies, orders for subscriptions or ads, The design of the scales and the “Oklahoma Bar Association” encircling the news stories, articles and all mail items should be scales are trademarks of the Oklahoma Bar Association. Legal articles carried sent to the Oklahoma Bar Association, P.O. Box in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. 53036, Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED FOUR TIMES A Oklahoma Bar Association (405) 416-7000 MONTH IN JANUARY, THREE TIMES A MONTH IN FEBRUARY, MARCH, APRIL, Toll Free (800) 522-8065 FAX (405) 416-7001 MAY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER AND DECEMBER AND BI- Continuing Legal Education (405) 416-7006 MONTHLY IN JUNE AND JULY EFFECTIVE JAN. 1, 2003. BY THE OKLAHOMA BAR Ethics Counsel (405) 416-7083 ASSOCIATION, 1901 N. LINCOLN BOULEVARD, OKLAHOMA CITY, OKLAHOMA General Counsel (405) 416-7007 73105. PERIODICALS POSTAGE PAID AT OKLAHOMA CITY, OK. POSTMASTER: Law-related Education (405) 416-7005 SEND ADDRESS CHANGES TO THE OKLAHOMA BAR ASSOCIATION, P.O. BOX Lawyers Helping Lawyers (800) 364-7886 53036, OKLAHOMA CITY, OK 73152-3036. SUBSCRIPTIONS ARE $55 PER YEAR EX- Mgmt. Assistance Program (405) 416-7008 CEPT FOR LAW STUDENTS REGISTERED WITH THE OKLAHOMA BAR ASSOCIA- Mandatory CLE (405) 416-7009 TION, WHO MAY SUBSCRIBE FOR $25. ACTIVE MEMBER SUBSCRIPTIONS ARE IN- OBJ & Public Information (405) 416-7004 CLUDED AS A PORTION OF ANNUAL DUES. ANY OPINION EXPRESSED HEREIN Board of Bar Examiners (405) 416-7075 IS THAT OF THE AUTHOR AND NOT NECESSARILY THAT OF THE OKLAHOMA BAR ASSOCIATION, OR THE OKLAHOMA BAR JOURNAL BOARD OF EDITORS. Oklahoma Bar Foundation (405) 416-7070

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2805 2806 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Diversion Programs Oklahoma Drug Courts: Fighting Addictions & Changing Behaviors By Michael Tupper

klahoma’s drug courts are working. From the inception of the first drug court in Payne County in 1995, to the now Onearly 40 operational drug courts statewide, this therapeutic court system has transformed from a grass roots movement of “specialized courts” to an institutionalized way of doing business in the Oklahoma criminal justice system. Drug courts represent the coordinated efforts of the judiciary, prosecution, defense bar, probation, law enforcement, treatment, mental health and social services to forcefully intervene and break the cycle of substance abuse, addiction and crime.

By focusing on intensive drug treatment, daily attorneys well in representing their clients, supervision and a demand for offender account- because a good understanding of the overall ability, drug courts offload non-violent felony drug court process is essential for attorneys to offenders from the traditional court system effectively and competently advise their clients and places them into a highly structured, ther- who may be appropriate candidates for the apeutic system designed to achieve total absti- program. Making use of the resources that nence, reduce recidivism and save taxpayer drug courts have to offer will benefit all Okla- money. homans by effectively and efficiently treating drug addicts, changing their behaviors and While drug courts have achieved a secure slowing the traditional revolving door of drug place in the Oklahoma criminal justice system, offenders into the criminal justice system. many lawyers are still unfamiliar with the overall scheme of drug courts. The purpose of WHAT IS A DRUG COURT? this article is to provide attorneys with a gen- Oklahoma’s drug court initiative grew with eral overview of the drug court system, includ- the passage of the Oklahoma Drug Court Act ing the identification of eligible offenders, an in 1997.1 This Act provided broad powers to the explanation of program requirements, and a district courts in administering the drug court clarification of graduation and termination cri- programs. Under Oklahoma law, a drug court teria. Following this overview, some recent is defined as an immediate and highly struc- developments in the law, as it pertains to drug tured judicial intervention process for sub- courts, will be discussed. This article will con- stance abuse treatment of eligible offenders, clude with some statistics highlighting the which expedites the criminal case and requires long-term outcomes attributable to drug courts. successful completion of the plea agreement in It is my hope that this information will serve lieu of incarceration.2 The typical “drug court

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2807 To this end, ongoing judicial interaction with each drug court participant is imperative.

team” consists of a judge, prosecu- ecutor and defense counsel must tor, defense attorney, treatment shed their traditional adversarial provider, law enforcement repre- courtroom relationship and work sentative, probation officer and together as a team. In doing so, social worker. Each team member prosecution and defense counsel provides an essential ingredient to promote public safety as well as the overall program’s success. The protect participants’ due process drug court team typically meets rights. Once an offender is accept- weekly, assesses participants’ ed into the drug court program, progress and decides as a group the team’s focus is shifted to the on the next course of action for offender’s recovery and law- each participant. abiding behavior, not on the merits of the pending case.5 It is impor- Prior to entering drug court, tant for eligible offenders to be each participant must plead guilty identified early and placed into the to their underlying offense and drug court as efficiently as possi- execute a performance contract ble. Diligent placement of offend- with the drug court team. This ers into a drug court program is performance contract binds the necessary to circumvent the addic- participant to the program require- tive mindset giving rise to criminal ments, which include weekly court behavior. In addition, rapid and appearances, random drug testing effective judicial action provides and daily supervision. Sentencing protection to the public and is stayed pending completion or increases public confidence in the termination from the program. criminal justice system.6 Each participant’s sentence, in the event of graduation or termina- Frequent court-ordered alcohol tion, is expressly included in the and drug testing is essential to any plea agreement and will be strictly successful drug court. A regular, enforced by the sentencing judge. random drug-testing program is Those who do not graduate face a the most effective and efficient prison sentence for their original way of ensuring compliance and charges. Charges against those who success- gauging each participant’s progress. Drug fully complete the program often times are courts should reward cooperation as well as dismissed. Under no circumstances will a suc- respond swiftly to noncompliance. To this end, cessful graduate be sentenced to prison for ongoing judicial interaction with each drug their underlying offense.3 court participant is imperative. Most drug courts require participants to personally appear Each jurisdiction’s drug court program is in court each week. This structure allows for unique, yet all operate under the same guiding early and frequent judicial intervention. Thus, principles and framework. Each drug court compliant participants receive weekly encour- must adhere to certain components to be recog- agement and incentives while non-compliant nized as a credible drug court program.4 While participants receive swift and immediate not exhaustive, the following components are sanctions.7 the foundation of policies and procedures utilized by Oklahoma drug courts. IS MY CLIENT ELIGIBLE FOR DRUG COURT? The primary component in drug courts is the use of a non-adversarial approach. To facilitate By statute, drug court programs shall not a participant’s progress in treatment, the pros- apply to any violent criminal offenses.8 Most

2808 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 drug courts construe this as prohibiting admis- the drug court team while ensuring the protec- sion of any of the enumerated offenses in 57 tion of the offender’s constitutional rights. O.S. § 571 (2). Trafficking charges are also statu- WHAT WILL MY CLIENT HAVE TO DO torily non-eligible offenses. Some drug courts IN DRUG COURT? further restrict eligible offenses by prohibiting drug distribution or manufacturing charges. The fundamental goal and requirement of While not statutorily prohibited, felony domes- drug court participants is total abstinence of tic abuse charges should be screened with great illicit drugs and alcohol. However, as anyone caution and investigated thoroughly prior to with experience in counseling substance abus- acceptance in order to ensure safety to victims ers will attest, achieving sobriety takes time and the public. With these exceptions, any and patience. Drug courts recognize this fact other felony offense is drug court eligible. A and realize that relapse is an inherent compo- common misconception is that an offender nent of recovery. To facilitate the recovery pro- must be charged with a drug crime, such as cess drug courts have instilled a system of possession, in order for drug court to become phase requirements that must be met by each an option. In reality, an offender who is charged participant prior to progressing through the with an eligible offense must simply admit to program. Most drug courts employ a four- having a substance abuse addiction or phase tier, where each participant begins in have been diagnosed with one in order to phase one and progresses through phase four. participate in drug court. Each phase is normally a minimum of 10 weeks in duration and is often times extended depend- To properly identify appropriate drug court ing upon the individual participant’s progress. offenders, full and honest disclosure between The statewide average for drug court duration the offender and the drug court team is is 19 months.10 Each drug court sets its own imperative. However, the need phase requirements in order to for this sort of exchange of infor- meet its particular needs, but the mation raises fundamental con- following are some traditional cerns regarding offenders’ con- requirements of drug court stitutional rights, specifically participants. Fifth Amendment self-incrimina- tion protections. The Oklahoma Each participant prior to reach- Legislature recognized this ing a new phase must achieve a important issue by mandating predetermined number of days that any statement or informa- of continuous sobriety. Partici- tion regarding an offender that pants are required to attend both is made during the course of any group and individual substance drug court investigation shall abuse counseling each week. not be admissible in the under- Participants must meet with lying criminal case against the their individual probation offi- offender.9 Thus, if a particular cer in person at least once per offender undergoes a drug court week. In addition, a strict cur- investigation yet is denied few, normally 10 p.m., must be admission, he will be ensured adhered to. Participants must that the information obtained attend self-help (Alcoholics during the investigation will not Anonymous/Narcotics Anony- be used against him in the crimi- mous) meetings each week. Also, nal prosecution. This protection random drug testing is adminis- encourages a full and frank tered on a weekly basis. Partici- exchange of relevant informa- pants also must report in person tion between the offender and to court each week when the

Also, random drug testing is administered on a weekly basis.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2809 Prior to termination from drug court, notice must be provided to the offender and a hearing must be held.

drug court is in session. Participants may not felony case is normally dismissed and expunged be able to leave their county of residence with- pursuant to 22 O.S. 991(c), and the drug court out prior authorization from the drug court. file will be sealed. Each participant is required to maintain full- time employment or be attending school full- Though the drug court team must recognize time during their drug court participation. If relapse and restarts, which are considered to be part of the rehabilitation and recovery pro- not employed or attending school, the partici- 11 pant will be required to complete community cess, continued and consistent violations of a service each week until employed or attending performance contract will result in termination classes. from drug court. Prior to termination from drug court, notice must be provided to the Failure to abide by these phase requirements offender and a hearing must be held.12 The req- will result in swift sanctions. These sanctions uisite standard to warrant drug court termina- are imposed on a weekly basis and include the tion is simply that disciplinary sanctions have following: increased drug testing, increased been unsuccessful in gaining compliance with AA/NA meetings, house arrest, placement the performance contract.13 This intentionally into residential treatment, decreased curfew broad standard allows the sentencing judge to time, electronic monitoring, community ser- consider many factors in making a termination vice and incarceration of up to five days for decision. These factors include repeated viola- each violation. By identifying and addressing tion of the performance contract; failure to noncompliance issues in such a steadfast man- complete phase requirements in a timely manner, drug courts are more able to effectively ner; failure to complete residential treatment or intervene, thus facilitating recovery. continued drug use following completion of GRADUATION AND TERMINATION residential treatment; failure to appear at drug CRITERIA court proceedings; and new criminal charges. In the event of termination, the offender shall Upon successful completion of phase require- be revoked from the program and sentenced ments, a participant will become a candidate to immediately for the underlying offense as pro- graduate from drug court. Prior to graduation, vided in the original plea agreement.14 Thus, several criteria must be met, including an upon a judicial finding that continuing sanc- acceptable level of continuous sobriety as tions have been unsuccessful in gaining com- determined by the drug court team on an indi- pliance with the performance contract, the vidual basis. Each graduation candidate must sentencing judge has no discretion to modify have obtained gainful, consistent employment the original plea agreement and must sentence or be involved in a vocational or academic the offender accordingly. training program. Consistent attendance at all drug court proceedings and treatment appoint- When addressing a potential termination ments is also a graduation prerequisite. More- from drug court, both the defense and prosecu- over, prior to graduation, a participant must be tion must be certain that the specific violation maintaining a stable, sober living arrangement justifying the termination has not previously as determined by the drug court team. Upon been sanctioned. For terminating an offender graduating from drug court, the participant’s for a violation of the performance contract that

2810 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 had previously been sanctioned will give rise upon graduation from drug court. Thus, if a to a double jeopardy claim. The Court of Crim- participant has been granted a stay and is able inal Appeals addressed this very issue in Knoles to drive while being a drug court participant, v. State.15 In Knoles, the State filed a motion to upon graduation, the stay will be lifted and the revoke Knoles from drug court, alleging that graduate’s license will revert to being suspend- he had violated the terms of his performance ed until completion of the DPS requirements contract on four separate occasions.16 Knoles necessary to regain permanent driving privi- claimed that he was previously sanctioned for leges. This stay will not be construed to grant each of these violations and that terminating driving privileges to an offender who has not him from drug court based upon these viola- been issued a driver’s license by DPS or whose tions constituted double jeopardy.17 Oklahoma driver’s license has expired.22 Prior to the drug court judge ordering a stay of Citing Hagar v. State,18 the Court agreed with any driver license suspension or revocation, Knoles and treated drug court terminations as the participant must provide proof of similar to situations where a defendant’s sen- insurance for any vehicle to be driven by the tence is deferred pending completion of certain participant.23 terms of probation.19 The Court held that once a sanction is imposed for a probation violation LONG-TERM OUTCOMES in a drug court case, the State may no longer Each year the Oklahoma Department of Men- use that particular violation as the basis for a tal Health and Substance Abuse Services com- subsequent application for sanctions or to ter- piles data from each of the state’s drug court minate the defendant’s participation in drug programs and analyzes this data in order to court.20 evaluate the effectiveness of Oklahoma’s drug RECENT DEVELOPMENTS courts. The recent statistics on Oklahoma drug courts are strong indicators that these courts Most drug court participants have prior are making a positive impact. To assess out- criminal records, often times quite lengthy. As comes among drug court graduates, compari- such, a great number of participants have had sons were made between graduates’ charac- their driving privileges suspended or revoked. teristics at entry and graduation. The findings This fact has made it extremely challenging for reveal the following trends regarding drug participants to attend all of the treatment and court graduates: there was an 84.4 percent court appointments required of them in drug decrease in unemployment; a 59.7 percent court. Recognizing this serious impediment, increase in income; a 19.5 percent decrease in the Legislature recently responded by amend- the number of persons without a high school ing 22 O.S. § 471.6 to allow for a stay of suspen- diploma; a 20.5 percent increase in the num- sion or revocation of a drug court participant’s ber of participants who had their children liv- driving privileges under certain circumstances. ing with them.24 These figures clearly indicate This amendment provides that if the drug that successful drug court graduates are court judge is satisfied that no other means of applying the tools provided to them during transportation is available, the drug court judge the program with positive results. may enter a written order requiring the Depart- ment of Public Safety to stay any and all sus- Comparing recidivism rates, measured by re- pensions, revocations, or cancellations of the arrests, of drug court graduates to that of stan- participant’s driving privileges.21 This stay will dard probation offenders or released prison only remain in effect during the offender’s par- offenders revealed the following: drug court ticipation in drug court and may be rescinded graduates were 63 percent less likely to be re- by the drug court judge at any time. Moreover, arrested than standard probation offenders; any such stay of suspension will be removed and drug court graduates were more than two

The recent statistics on Oklahoma drug courts are strong indicators that these courts are making a positive impact.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2811 times (or 131 percent) less likely to be re-arrest- 11. 22 O.S. § 471.7 (E) 25 12. 22 O.S. § 471.7 (E) ed than released prison inmates. The yearly 13. 22 O.S. § 471.7 (E) cost to treat an offender in drug court is 14. 22 O.S. § 471.7 (E) 15. Knoles v. State, RE-2003-918 (Okl. Cr. August 23, 2004)(unpub- approximately $5,000, whereas the yearly cost lished) to house an inmate in the Department of Cor- 16. Knoles, slip op. at 2. 26 17. Knoles, slip op. at 3. rections is approximately $16,000. The four- 18. 1999 OK CR 35, 990 P.2d 894 year cost to DOC, if drug courts did not exist, 19. Knoles, slip op. at 3. is $87,123,725.27 These numbers illustrate the 20. Knoles, slip op. at 4. 21. 22 O.S. § 471.6 (I) long-term effectiveness of drug courts as well 22. 22 O.S. § 471.6 (I) as the huge tax-payer savings provided by 23. 22 O.S. § 471.6 (I) 24. Oklahoma Department of Mental Health and Substance Abuse drug courts. Services, Performance and Outcome Report on Drug Courts for FY’02- FY’05, p. iv. (2006). CONCLUSION 25. Oklahoma Department of Mental Health and Substance Abuse Services, Performance and Outcome Report on Drug Courts for FY’02- The statistics and results speak for them- FY’05, p. iv. (2006). 26. Oklahoma Department of Mental Health and Substance Abuse selves. This mounting evidence clearly indi- Services, Overview of the Oklahoma Drug Court Program, September cates that Oklahoma drug courts are working. 2006. Perhaps no other judicial intervention program 27. Oklahoma Department of Mental Health and Substance Abuse Services, Performance and Outcome Report on Drug Courts for FY’02- has been as effective in furthering two legiti- FY’05, p. v. (2006). mate goals of the criminal justice system: accountability and rehabilitation. In furthering these goals, Oklahoma drug courts are effec- ABOUT THE AUTHOR tively fighting addictions and changing behaviors. The success of drug courts has provided a Michael Tupper has proudly model for other diversionary programs, such served as an Assistant District as mental health courts, DUI courts and truan- Attorney for the Cleveland cy courts. As drug courts continue to achieve County District Attorney’s their goals, these programs offer great hope in Office since September 2002. the fight for the long-term reduction in drug- He is currently assigned to the related crime in Oklahoma. major crimes unit, which handles all homicides, violent 1. 22 O.S. § 471 2. 22 O.S. § 471.1 offenses, and sexual abuse cases. 3. 22 O.S. § 471.2 In addition, Mr. Tupper is the prosecuting attorney for 4. 10 Key Components for Drug Court Operation, National Drug Court Institute (2004). the Cleveland County Drug Court, serving in this 5. Id. role since March 2004. In January 2007, the Cleve- 6. Id. 7. Id. land County Drug Court was honored with the 8. 22 O.S. § 471.1 SOAR Award, an annual award given by the Depart- 9. 22 O.S. § 471.5 mental of Mental Health recognizing the Outstand- 10. Oklahoma Department of Mental Health and Substance Abuse Services, Performance and Outcome Report on Drug Courts for FY’02- ing Drug Court of the Year. FY’05, p. v. (2006).

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2812 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2813 2814 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Diversion Programs Family Drug Courts By Judge Edward J. Hicks

amily drug courts1 are specialized treatment court dockets designed to protect children who have been adjudicated to Fbe deprived due to their parents’ substance abuse and to expedite the movement of those children from foster care to permanent homes by assisting their parents to choose a drug- and alcohol-free lifestyle through appropriate treatment, monitoring and therapeutic court interventions.

The concept of treatment courts is not new to onstrate a clean and sober lifestyle and must the juvenile justice system. Long before crimi- advance through a number of treatment phas- nal drug courts began to gain popularity in the es, with decreasing frequency of court appear- late ‘80s, judges with juvenile docket responsi- ances and drug screens in each phase. Court bilities were regularly working with social reviews generally occur at one to six week workers, psychologists and other professionals intervals and are structured to encourage as to create and implement statutorily mandated well as to assess each participant’s progress. treatment and probation plans designed to cor- In order to understand family drug courts rect conditions and behavior which had result- and how they differ from other drug courts ed in children being adjudicated deprived, and traditional deprived dockets, one must delinquent or in need of supervision. However, first have a basic understanding of how by incorporating many of the key components deprived cases are processed pursuant to the and strategies that have proved effective in Oklahoma Children’s Code.2 Unless the initial criminal drug courts into the court procedures petition requests an immediate termination of and treatment plans in certain deprived cases, parental rights, the parties are only entitled to family drug courts have significantly altered a non-jury trial to determine whether the child the traditional methods of processing those is deprived. If a child is adjudicated to be cases. deprived, the Department of Human Services Tulsa County and Canadian County cur- is required to propose a treatment plan for the rently operate the only family drug courts in parent describing the steps which should be Oklahoma. Both programs are similar, and to a taken to correct the conditions that caused the casual observer they may also resemble a typi- child’s adjudication. The treatment plan must cal criminal drug court. Admission is volun- be approved by the court with any modifica- tary for qualified cases and is accomplished by tions within 40 days after adjudication. The executing a drug court contract after one’s parent is permitted at least 90 days after the child has been adjudicated to be deprived. court formally approves the treatment plan to Continued participation in the program is con- correct the conditions that led to the child tingent upon the parent agreeing to submit to being adjudicated deprived. After that period court imposed sanctions for violations of pro- expires, the district attorney or the child’s gram rules or court orders. In order to gradu- attorney may file a petition3 to terminate the ate from the program, participants must dem- parental rights if they conclude that the parent

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2815 is not making satisfactory progress on the plan. ance are less certain since the child’s interests Parents are entitled to a jury trial on the issue must also be considered. For example, even if a of whether their parental rights should be ter- parent fails to successfully complete the family minated. drug court program, the district attorney should decline to request termination of paren- Unlike criminal or juvenile tal rights and a jury should drug courts, there is no Okla- refuse to terminate parental homa statute which specifi- rights if they fail to con- cally authorizes or regulates When a criminal drug clude that termination is in family drug courts, or which the best interests of the excludes such courts from court contract is signed, the child. Conversely, even the statutory mandates of though a parent has com- the Oklahoma Children’s defendant knows with some plied with their family drug Code. Therefore, in family court contract, the district drug courts, as in other certainty the consequences of attorney or the child’s attor- deprived child proceedings, ney may exercise their right the paramount consideration complying or failing to comply to file a motion to terminate must be the health, safety parental rights and seek a and best interests of the with the contract. jury trial if they conclude child.4 The court must also that statutory grounds exist recognize that permanency for termination. In fact, the is in the best interests of the child’s attorney may be child.5 Finally, with some exceptions, the court obligated to file such a motion if that is the should assure that reasonable efforts are made expressed interests of the child.7 to eliminate the need for removing the child from the home, or to make it possible for the Even though Oklahoma family drug courts child to safely return to the family’s home.6 operate under the same statutory guidelines as other deprived dockets they function quite dif- The applicability of the Oklahoma Children’s ferently due to their use of certain key compo- Code results in at least two major differences nents common to other drug courts. These between family and criminal drug courts. The include: 1) a continuum of treatment services first difference is that participation in criminal integrated into the justice system; 2) early iden- drug court does not begin until after all of the tification and placement; 3) intensive monitor- factual issues in the case have been determined ing of compliance through drug screens; 4) a by the defendant entering a plea pursuant to a team approach with coordinated responses to plea agreement. Although participation in fam- compliance; 5) strategic use of incentives and ily drug court usually begins after the factual sanctions; and 6) a shared therapeutic court issue of the child’s deprived status has been experience. Although the first three compo- adjudicated, a trial on the issue of whether the nents have therapeutic consequences, they parental rights should be terminated remains a primarily represent a shift in the allocation of future possibility. Therefore, information rele- resources that could also be of benefit in tradi- vant to the safety or best interests of the child tional deprived dockets. The last three compo- discovered during the parent’s participation in nents represent a more fundamental change in family drug court may have a bearing on the culture of the courtroom and likely would whether the parental rights are ultimately require the creation of a specialized treatment terminated. court docket to be effective. As these six key A second difference between the two types of family drug court components are implement- drug courts is in the predictability of the out- ed, the authoritative role of the judge will be come. When a criminal drug court contract is perceived to be less like a referee and more like signed, the defendant knows with some cer- a coach who provides instruction, discipline tainty the consequences of complying or failing and encouragement. to comply with the contract. Depending upon A CONTINUUM OF TREATMENT the specific terms, successful compliance results SERVICES THAT ARE INTEGRATED in a suspended sentence or perhaps a dismissal WITH THE JUSTICE SYSTEM of the charge, and failure to comply results in incarceration for a specified term. However, in Regardless of how therapeutic the court pro- a deprived case the consequences of compli- cess may become, a drug court program cannot

2816 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 parents in resolving issues which may be impeding efforts to complete their treatment plans. EARLY IDENTIFICATION AND PLACEMENT A key component of family drug courts is the emphasis on early identification and placement of eligible participants. Although most family drug courts, including the two currently operating in Okla- homa, do not admit participants until their children have been adjudicated to be succeed unless the partici- deprived, attorneys, case pants are able to secure managers and judges with quality substance abuse traditional deprived dock- treatment on an appropri- A major consideration is ets seek to identify poten- ate level within a reason- tial drug court partici- able time. Some drug courts whether residential treatment pants at the earliest may provide a court-oper- opportunity. That oppor- ated treatment program for providers can facilitate early trial tunity is often the first all participants. However, “show cause” hearing in order to meet the diverse reunification by permitting that occurs only two judi- needs of the participants cial days following the and their families most younger children to live with removal of a child from courts will need to actively the home. Once identified partner with other public their mothers while they as a potential drug court agencies and community participant, the parent based organizations to complete treatment. and their attorney are facilitate the delivery of an referred to the family appropriate spectrum of drug court coordinator so treatment services. they can learn about the services that the program The Tulsa County Family Drug Court has has to offer and receive immediate referrals to chosen to work collaboratively with a variety appropriate treatment providers. of regional treatment providers to provide a continuum of services to its participants. The One reason that early identification and role of the drug court coordinator is vital to the placement is given such emphasis is the limited success of such a cooperative system. The coor- time a parent has to correct the conditions that dinator makes referrals to particular treatment led to the deprivation. Unless compelling rea- providers based upon the level of treatment sons are found to exist, the district attorney is that is needed, the convenience to the partici- required to seek termination of parental rights when a child has remained in foster care for 15 pant, and whether mental health treatment, 8 domestic violence counseling, or other services of the most recent 22 months, and may pursue termination as soon as 91 days following the which may be needed are available at the same 9 location. A major consideration is whether resi- imposition of a treatment plan. Since severely dential treatment providers can facilitate early addicted parents may require extended treat- trial reunification by permitting younger chil- ment before their children can be returned to dren to live with their mothers while they com- their homes, they must have the opportunity to plete treatment. The coordinator serves as a engage in treatment as early as possible to liaison to expedite communication between the maximize the probability of reuniting their treatment providers and the court and also families. helps monitor treatment programs to assure A second reason why early identification and that they remain appropriate for drug court placement is emphasized is that there appears clients. The coordinator also makes home visits to be a window of opportunity to engage a par- and provides wrap-around services to assist ent in treatment immediately after the child is

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2817 removed from the home. This may be due to asset hearings or arbitrarily sanctioning indi- the “hitting bottom” experience that some viduals who may not have had the financial addicts describe as the beginning of their means to comply with the request. By eliminat- recovery, or it may simply be that the parent ing the financial excuse the judge is allowed to can no longer deny that their substance abuse address missed drug screens in a more is a problem once it results in the removal of therapeutic and unquestionably fair manner. their children from their home. However, if While free drug screening can be an incentive there is a delay in securing appropriate treat- for motivated parents to enter the drug court, ment the parent may begin to become accus- submitting to frequent drug screens is an tomed to the child being out of their care and embarrassing inconvenience. By structuring lose their sense of urgency to engage in the drug testing process to be fair and to elimi- treatment. nate excuses, the judge can help participants to INTENSIVE MONITORING OF view this necessary element of their treatment COMPLIANCE THROUGH DRUG plans as an opportunity to document their SCREENS progress rather than as a distrustful game of wits. Urinalysis is the most common and practical method used to monitor substance abuse. To be NON-ADVERSARIAL TEAM APPROACH effective urine drug tests must be frequent, WITH COORDINATED RESPONSES TO random and reliable. Because the use of most COMPLIANCE drugs may be detected only if a urine specimen The fourth distinguishing component of fam- is collected within a few days following their ily drug courts is the extensive use of a non- use, frequent testing is needed to have a rea- adversarial team approach to problem solving sonable probability of identifying the occa- with all members working together to provide sional user. If drug screens are requested on a coordinated responses to the parent’s compli- predictable schedule such as at the regular ance with the treatment plan. monthly meeting with a case worker or probation officer, it is relatively easy to avoid detec- The Tulsa County Family Drug Court team, tion by merely abstaining for a period of time which is typical, consists of the judge, who prior to the anticipated screen. Therefore, drug serves as the team leader, the drug court coor- screens should be requested on a random basis dinator, a district attorney, a public defender and the specimen collected as soon as possible who represents deprived children, the child following the request. Strict protocols should welfare workers who are specially assigned to be implemented to assure that the specimen is drug court and representatives of the primary actually from the drug court participant. Labo- treatment providers serving drug court partici- ratory personnel should check a photo I.D., pants. Tribal representatives, court appointed observe the collection of the specimen, and special advocates and attorneys representing check the specimen for temperature and dilu- parents are encouraged, but not normally tion. All “quick tests” should required, to attend and partici- be confirmed with a laboratory pate in team meetings pertain- test so that the specific level of ing to their cases. each drug found in the urine By eliminating the can be compared with previ- The drug court team decides ous and subsequent tests. which cases are appropriate for financial excuse the judge admission to the family drug Finally, if possible, the col- court and which participants lection and testing of speci- is allowed to address should graduate or be unsuc- mens should not be contingent cessfully discharged from the upon advance payment by the missed drug screens in program. The team staffs each person submitting the speci- case prior to the court review to men. Such a “pay first” policy a more therapeutic and determine what the parent will ultimately be counter pro- needs to accomplish in order to ductive to the therapeutic unquestionably promote to the next phase or to goals of the court since it will graduate and to determine necessarily result in the court fair manner. whether parents are having either spending valuable court appropriate contact with their time conducting humiliating children. Talking points may

2818 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 also be suggested to the judge have often experienced to help personalize the review very little praise recently. hearing. Therefore, family drug court teams try to identify Each team member agrees every opportunity to rec- to consider the opinions of ognize and praise good other team members in an behavior and to celebrate effort to form a consensus on the achievements of par- the best therapeutic approach ents. This is why applause for the court to address issues, is frequently heard during and each agrees to present court reviews. Tangible clear and unified responses to rewards such as certifi- the participants when possi- cates, candy bars or movie ble. However, certain team passes are sometimes pro- members retain the right and vided to participants to responsibility to function help extend and reinforce independently of the team the reward experience. when it is necessary to fulfill Immediate sanctions can their statutory or professional also be effective to change obligations. For example, the behavior. Typical sanctions judge must conduct periodic may include writing thera- permanency hearings to peutic essays on assigned determine the appropriate topics, working communi- permanency plan for the child ty service hours, reimburs- and whether reasonable ing the court for the cost of efforts are being made to positive drug screens, accomplish that plan. Simi- demoting to a previous larly, the attorneys for the state treatment phase, and even and the child retain the ability serving short stays in the to petition for termination of county jail. This use of parental rights should they Most importantly, they immediate graduated sanc- determine that such action is tions and rewards consti- appropriate. see reunited families come tutes a major difference STRATEGIC USE OF to court, often with their between family drug courts INCENTIVES and more traditional AND SANCTIONS children in hand, and share deprived dockets. The statutory10 warning that Although a parent’s failure to comply with any how their lives have behavior may result in requirements of the court may increased or decreased con- ultimately result in the loss of improved since they became tact with their child, such custody of the child or the ter- contact should never be mination of parental rights to clean and sober. viewed or used as a sanc- the child would appear to be a tion or reward. Contact strong incentive for most par- between the parent and the ents to modify their behavior. child should always be However, the reality is that many addicts have determined on the basis of the child’s best a myopic view of the future which makes it dif- interests. ficult for them to focus on remote consequenc- A SHARED THERAPEUTIC COURT es. Fortunately, most people can be motivated EXPERIENCE by immediate and certain consequences, and that is why family drug courts make extensive Unlike traditional deprived dockets, which use of immediate sanctions and rewards to are usually held in a confidential setting, the help parents change their behavior. court usually exercises its discretion11 to permit family drug court reviews to be conducted Surprisingly, praise is usually the most pow- openly in the presence of other families on the erful motivator, especially for addicts who drug court docket. This allows the courtroom

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2819 to serve as a demonstration classroom where by this desperate battle, continue to stream into participants can learn from each other’s experi- our court and foster care systems. Many of ences. Parents hear those promoting to a new these victims are infants and preschoolers who treatment phase describe what they have are good candidates for adoption and whose accomplished and learned in the previous well-being depends on having a home with a phase. They observe the imposition of sanc- protecting parent and a sense of permanency. tions on those who have failed to comply with By helping to remove the obstacles which the rules and listen as those parents are chal- impede genuinely motivated parents from lenged to explain how they will avoid such completing their treatment plans and by work- problems in the future. They also hear others ing to eliminate the excuses of less motivated applauded by peers and praised by the court parents, family drug courts are helping these for their progress. Most importantly, they see children to more quickly experience what reunited families come to court, often with should have been their birthright, the security their children in hand, and share how their of a safe and nurturing childhood home. lives have improved since they became clean and sober. These shared experiences build 1. These courts are also sometimes known as “family dependency treatment courts” or “family treatment drug courts.” hope and trust and help the parents to visual- 2. 10 O.S. §7001-1.1 et seq. ize the importance and achievability of their 3. Some district attorneys entitle such pleadings as a ‘Motion to Terminate” if the child has been previously adjudicated deprived. ultimate goal. 4. 10 O.S. §7001-1.2(B) 5. 10 O.S. §7001-1.2(B)(7) Frequent court reviews are a hallmark of 6. 10 O.S. §7001-1.2(B)(4) family drug courts. This frequent court contact 7. 10 O.S. §§7003-3.7(A)(2)(c), 7006-1.1(A)(15) 8. 10 O.S. §7003-4.7 allows the drug court team to quickly respond 9. 10 O.S.§7006-1.1(A)(5) with appropriate incentives, sanctions or 10. 10 O.S. §7003-5.5(D) 11. 10 O.S. §7003-4.1(A)(1) This statute both acknowledges and adjustments to the treatment plans. Team staff- limits the court’s discretion to conduct open hearings. ing prior to each docket helps the court to for- mulate and occasionally to script the review ABOUT THE AUTHOR for maximum therapeutic effect for all who are present at the review. Even the placement of Edward J. Hicks has been a the cases on the docket is intentionally ordered special judge for Tulsa County to make sure that the newer participants will since 1985. Since May 2000, he be able to observe and learn from those in has been assigned to the Juve- higher treatment phases. Drug court personnel nile Division where one of his and treatment providers are usually present responsibilities is to preside over during court reviews to help parents process the Tulsa County Family Drug their court experience at the end of the docket. Court. Prior to this assignment, These frequent, open and choreographed court he presided over the Tulsa contacts are a key characteristic of family drug County Adult Drug Court. courts. Previous long-term assignments include the Probate and Domestic Relations Divisions. He recently served More than 30 years after President Nixon on the Oklahoma Supreme Court’s Committee for began the War on Drugs, too many of our Uniform Jury Instructions in Juvenile Cases. nation’s children, displaced from their homes

2820 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2821 2822 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Diversion Programs Mental Health Courts By Edward M. Blau

or many Oklahomans, the issue of mental illness is shrouded in ignorance and misunderstanding. Schizo- Fphrenia, bipolar disorder, dissociative identity disorder and major depression are words we often hear, but the real life effects of these disorders can seem distant unless you or someone you are close to has suffered from a mental illness. However, mental illness affects us all, either directly or indirectly.1 The state of Oklahoma has the highest rate of service capacity. [T]he state is now flounder- serious mental illness in the country, estimated ing to provide an adequate number of psy- to be at least 10.4 percent of the population. chiatric beds. Many Oklahomans who need Hawaii has the lowest rate at 5.1 percent, with psychiatric hospitalization face four to six the national average being 7.4 percent.2 Accord- hour trips to the nearest receiving ing to the National Alliance on Mental Illness’ hospital.”6 state by state report card, Oklahoma earned a “D” for its failure to make the mentally ill a As the treatment options for the seriously statewide priority.3 Oklahoma is ranked 46th mentally ill have waned, the number of mentally nationally in per capita funding for the treat- ill individuals in the criminal justice system has ment of mental illness, and that lack of support skyrocketed. In effect, jails and prisons have for the mentally ill translates into an overall eco- become the new “psychiatric hospitals.” The nomic impact of $1.8 billion annually. This Oklahoma County jail houses approximately impact stems from disability payments (SSI or 2,800 inmates, 500 of which are prescribed psy- Medicaid) to the seriously mentally ill, treat- chotropic medication, making it in effect the ment costs, loss of productivity, and the burden state’s largest mental institution. In addition, a on the criminal justice system.4 recent report by Human Rights Watch found that American prisons and jails contain three Beginning in the 1960s, there was a movement times more mentally ill people than do our psy- toward deinstitutionalization of the mentally ill. chiatric hospitals. This statistic becomes even Nationally, the number of mentally ill patients in more significant considering Oklahoma is in the long term in-patient facilities has fallen from top five states in per capita incarceration and is approximately 500,000 to fewer than 70,000 over the top state in female incarceration.7 the last 30 years.5 This trend was felt in Oklaho- ma as well, and that movement is still occurring. It is estimated that in Oklahoma’s prisons, According to NAMI’s report card narrative for one-third of inmates have some symptoms of the state of Oklahoma: mental illness, one-fifth have been diagnosed with a serious mental illness and one-sixth take “Since 2000, the state has closed one of two daily medication for their illness. Additionally, hospitals, attempting to redirect resources to of the inmates who have been diagnosed, nearly community-based services. The strategy’s 57 percent are incarcerated for non-violent implementation has proven chaotic and offenses. The numbers are staggering, especially exposed state disorganization and lack of in light of the fact the average yearly incarcera-

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2823 tion cost for one inmate is approximately $20,000.8 Oklahoma. This growth started with the devel- According to the Governor’s and Attorney Gen- opment of the Oklahoma County mental health eral’s Blue Ribbon Task Force on Mental Health, court, the first in the state. Currently, Oklahoma Substance Abuse, and Domestic Violence, the has seven mental health courts. fiscal year 2003 cost attributed to mental health MENTAL HEALTH COURTS IN PRACTICE: conditions within the Oklahoma criminal justice OKLAHOMA COUNTY system was $214 million, which has undoubt- edly increased since that date. The cost included According to its mission statement, the Okla- expenditures related to judicial, corrections and homa County Mental Health Court is “a pro- law enforcement services required by individu- gram that integrates mental health care with the als with mental illnesses.9 criminal justice system for the promotion of public safety, individual responsibility, citizen- At present, the Oklahoma Department of Cor- ship, reduction of the recidivism rate and resto- rections is at capacity, meaning it cannot process ration of human dignity for those diagnosed an inmate into the system without with mental disorders.” It continues, “the MHC first processing an inmate out. As truth-in- program promotes public safety by bridging the sentencing laws remain in effect, there will be gap between persons with mental illness and fewer and fewer beds available in DOC for non- mental health services. The ultimate purpose of violent offenders or those violent offenders this program is the continued wellness of the whose sentences do not fall into the “85 percent participant and the reduction of the incidents of crime” category, meaning a full 85 percent of crime committed by persons with mental ill- their sentence must be served before they are ness.” On the most basic level, the MHC pro- eligible for parole. Given the limited resources gram offers a treatment-based alternative to available to corrections, lawmakers have begun incarceration, which greatly benefits both the to move toward alternatives to incarceration for participant and the Oklahoma taxpayer.13 non-violent or minimally violent offenders.10 In its current configuration, the MHC is a HISTORICAL CONTEXT “pre-sentence/post plea” program, meaning the The mental health court concept originated in defendant must plead guilty to the crimes with Broward County Florida in 1997, in the wake of which s/he is charged. Sentencing is postponed the national drug court movement. The pres- until the participant graduates from the pro- sures that led to the development of the mental gram, at which time the case is dismissed, or health court strategy included crises in commu- until the participant is revoked from the pro- nity mental health care (the long-term effects of gram, at which time the defendant is immedi- the aforementioned deinstitutionalization), the ately sentenced to a previously agreed number drug epidemic of the 1980s and 1990s, the dra- of years in DOC. matic increase in homelessness over the last two The eligibility criteria for participation are spe- decades, and widespread jail overcrowding. cific. The offender must have a diagnosed seri- Broward County’s goal was to “develop a sys- ous mental illness (SMI-Axis I) that factored into tem of care for the mentally ill defendants and to the crime the offender is charged with. The devise ways to integrate and more closely link offender must have pending felony or serious the community-based mental health care system misdemeanor charges. If the defendant is charged with the criminal justice system.” Shortly after with or has a prior conviction that is considered Broward County developed its program, Seattle, violent under 57 O.S. § 571, then s/he is not San Bernardino, Anchorage and Salt Lake City eligible for the program. Additionally, the followed suit.11 offender must be legally competent and capable In May 2002, the Oklahoma legislature passed of benefiting from the MHC program, which is and the Governor signed into law the “Anna limited to Oklahoma County residents only. All McBride Act,” allowing for the development of decisions on admittance are made by the MHC “team.” mental health courts in Oklahoma.12 Anna McBride was a tireless advocate for the mentally As it is configured in Oklahoma County, the ill in Oklahoma, and her leadership resulted in MHC team is made up of two separate groups; the legislation which bears her name. Unfortu- the MHC Core Team and the MHC Support nately, Ms. McBride passed away shortly after Team. The Core Team includes the (special) the legislation took effect and was unable to see judge, assistant district attorney, public defender the growth of the mental health court system in or defense attorney, probation officer, MHC

2824 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 The most frequent referrals come from either the individual’s defense attorney or the prosecutor originally assigned to the case. intensive case manager, duct a Level of Services and the mental health Inventory-Revised and for court liaison. The Support the team’s psychologist to Team includes the psy- conduct a full psychologi- chologist, crisis interven- cal report of the defendant. tion team officers of the Once all the steps are Oklahoma City Police completed, the team Department, and repre- reviews all the data that sentatives of the Oklaho- has been compiled in order ma Mental Health Con- to make a final decision on sumer Council. Any of the the candidate. If there are Core Team members can no objections based on the recommend an applicant previously compiled to be denied based on their reports, the candidate is priority and area of exper- then interviewed by the tise, but all team members MHC team. This interview should freely disclose all allows the team to observe relevant information on the applicant’s demeanor applicants and partici- and affect and to allow the pants to the team. The final team to ask any pertinent decision, however, is made questions. Assuming no by the judge. issues, the candidate is The applicant intake given a date on which to process starts when an plead into the MHC pro- individual is referred to the gram, usually within one to MHC, and that referral can come from any two weeks. It should be noted that at any time source. The most frequent referrals come from during the entire application process the defen- either the individual’s defense attorney or the dant may withdraw his application; additionally, prosecutor originally assigned to the case. Once the MHC team may deny the defendant’s appli- referral is made, the Liaison tracks the applicant cation for any reason deemed appropriate. and keeps the other team members advised of After the new participant has pled into the all issues affecting the applicant. However, program, s/he is then placed in one of two tiers before the individual can be fully processed he of treatment: the individual support track or the must first pass an initial eligibility assessment program support track. Participants in the indi- made by the MHC liaison and by the assistant vidual support track are those at highest risk for district attorney. Initially, the Liaison interviews decompensation and/or re-offending. IST par- the applicant and has the applicant consent to ticipants are generally moderate to low function- release all mental health records from the previ- ing, and it is the team’s goal that these partici- ous year. This is done to ensure the presence of pants can maintain a reasonable level of self- an Axis I diagnosis and to ensure the applicant care, independence and responsibility. Most IST truly wants to be a member of the MHC. Con- participants live in a residential setting where currently, the assistant district attorney reviews they can be monitored and offered any support the candidate’s current charges as well as the they may require. They must take all medica- candidate’s full criminal background, which is tions as prescribed, meet regularly with the supplied by the OCPD crisis intervention team MHC probation officer, meet individually with member. If there are no red flags, the liaison then the judge and team and abstain from all drugs arranges for the team’s probation officer to con- and alcohol. An IST participant may graduate

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2825 The program support track is for the seriously mentally ill individual who can benefit from the guidance and encouragement of both the MHC team and the other participants.

the court an update on his/her progress. Partici- pants are encouraged to share any positive experiences they have had since their previous court date; however, they are also encouraged to self- report any violations of MHC rules. It is the judge’s responsibility to give both positive rein- forcement and issue sanctions where appropriate. Depending on the level of violation of MHC rules, the participant may be sanctioned to community service, to write a paper, or in the most serious situations, a few days in the county jail. Once the requirements have been met, the participant must petition the court, stating their progress in order to be promoted to the next level. The criteria for promotion should be based on the participant’s progress, compliance with orders, length of sobriety, the meeting of treatment goals, attitude and any other relevant factors. These levels are designed to be outcome from MHC after a minimum of one year con- based focusing on results as opposed to time secutive medication compliance and stability served. If the team denies a participant’s petition with no new offenses. for promotion, the team must state the reason The program support track is for the seriously and what is necessary for the participant to be mentally ill individual who can benefit from the eligible for promotion. On promotion to the next guidance and encouragement of both the MHC level, the participant receives an incentive and is team and the other participants. The PST is a lev- directed by the judge to move their “star” to the eled system where a participant moves through next level on the Honor Roll, which is a large four levels of treatment and supervision, depend- public chart indicating each participant’s prog- ing on their progress within the program. The ress. As a newly promoted participant is moving levels start with the most intensive supervision their star, the other participants and the MHC and, with each level promotion, the participant’s team are encouraged to applaud and otherwise level of supervision is decreased. Ultimately the give support and appreciation. goal is graduation and eventual independence As a participant moves through the MHC proof any court supervision. As the participant program, all aspects of their life are monitored by gresses through the levels, the treatment require- the team. If a participant suffers a relapse or if ments will be revised to meet the changing their mental health status changes, the team may needs of the participant. The participant must be elect to place the participant in an inpatient on each level a minimum of three months before treatment setting, which may be either short s/he’s eligible to move up. term or long term. Additionally, the team is in All MHC sessions, with the exception of those contact with the participant’s psychiatrist or pre- participants on the IST, are considered “open scribing physician to ensure that all aspects of court.” Due to privacy concerns, all participants their treatment are covered. Each participant’s are addressed with their first name only. At each living situation is closely monitored to make court session attended, the participant comes sure they have a healthy environment in which forward and sits in the witness stand and gives to live, and it is required that they continue to

2826 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 make restitution or pay their court costs if CONCLUSION ordered to do so by the court. Across the nation, mental health courts were Once a participant reaches Level 3, s/he begins developed as a therapeutic diversion program to the slow transition to life outside the MHC mandate and enforce appropriate mental health structures. Each participant is required to invest and substance abuse services for seriously men- a minimum of one hour per week on a selected tally ill offenders. By using this approach, the community giveback activity. This provides the community benefits by increased safety of men- participant a proactive means to strengthen con- tally ill offenders without the cost of incarcera- nections with and contribute to the general wel- tion, which generally is $13,000 per year more fare of his community. Also, each participant than mental health court and with reduced prob- must complete a Transition Plan, which is the ability of recidivism. The participants benefit by participant’s blueprint for independence from the provision of treatment opportunities to the court’s jurisdiction. The goal is for the par- increase personal skills, decrease debilitating ticipant to continue to live as a responsible and effects of mental illness and remain in the com- productive member of the community. munity as an active member of society.

A participant who has successfully progressed 1. Mental Health, Substance Abuse, and Domestic Violence. Source: through the four levels must submit a petition to Oklahoma Governor’s and Attorney General’s Blue Ribbon Task Force, Febru- ary 2005. the court for graduation from MHC. The partic- 2. 2001 State Estimates of Substance Use and Serious Mental Illness. ipant’s criminal charges are disposed of accord- Source: SAMHSA, Office of Applied Studies, National Household Sur- vey on Drug Abuse, 2001. ing to the plea agreement as long as all financial 3. NAMI: Grading the States 2006: Oklahoma – Narrative obligations are met. The participant’s family, 4. “Shoveling Up: The Impact of Substance Abuse on State Budgets”. friends, treatment providers and other guests The National Center on Addiction and Substance Abuse at Columbia University. January 2001. are invited to attend. The participant is given a 5. Adelson, Tom, “Spending on Prisons: Guns or Butter”, copy of his/her case dismissal and a certificate www.tomadelson.com/issues/prison.funding.php. 6. See footnote 3. of graduation. After graduation, the participant 7. Simpson, Susan, “Should Prisons Punish or Prevent?”, The Daily is encouraged to maintain a connection with the Oklahoman, November 11, 2005. 8. Ibid. MHC by being involved in the Court Alumni 9. See footnote 1. Club, which meets four times per year at the 10. Associated Press, “Oklahoma: Sentencing policies to add hun- direction of the MHC liaison. dreds of state prisoners,” The Joplin Globe, July 27, 2007. 11. U.S. Department of Justice, “Emerging Judicial Strategies for the Mentally Ill in the Criminal Caseload: Mental Health Courts”, April A participant may be revoked from the pro- 2000. gram for repeated non-compliance with his/her 12. 22 O.S. § 472. 13. All information contained in this section and Conclusion was court requirements and/or after available grad- derived from the Oklahoma County Mental Health Court operations uated sanctions have been exhausted without manual and from the personal knowledge of the author. correction of the identified problematic behavior(s). The team must give the participant notice that s/he is at risk for revocation in a time ABOUT THE AUTHOR frame that allows the participant to correct the identified problematic behavior. A new offense Ed Blau is an assistant dis- is immediate grounds for revocation. An appli- trict attorney for Oklahoma cation to revoke will be filed by the assistant County, and his primary duties district attorney in accordance with the negoti- include overseeing Oklahoma ated plea agreement. The participant has an County’s Drug Court and Men- absolute right to request a full hearing before tal Health Court. Prior to join- either the MHC judge or the original district ing the DA’s office, Mr. Blau judge to whom the case was originally assigned. served as an assistant public If the state’s application to revoke is sustained, defender for Oklahoma County. the participant is immediately sentenced to pre- Mr. Blau earned a B.A. in political science with a viously agreed upon number of years in the minor in business administration from the Oklahoma Department of Corrections. University of Oklahoma in 2001 and his J.D. from the University of Oklahoma College of Law in 2005.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2827 2828 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Diversion Programs A Prosecutor’s Viewpoint on Community Sentencing: Public Safety Comes First By Deborrah Ludi Leitch primary purpose of the district attorney’s office is to protect the public from criminal defendants by evaluating and A prosecuting crimes. More often than not, this goal has been accomplished by the conviction and incarceration of guilty defendants. Several years ago, a study showed that Oklahoma courts use probation as an alternative to incarceration about 40 percent less often than the national average, which in part might explain why our imprisonment rate remains the country’s fourth highest. In Oklahoma there has been a need to balance lic that their safety is vitally important to the public safety and the expenditures caused by district attorney’s office, and to explain how overcrowded prison populations.1 Alternative public safety is protected while following the court systems and diversionary programs are guidelines of the Community Sentencing Act. thought to simultaneously promote public Under the act, the district attorney has the safety and alleviate prison overcrowding. In authority to recommend a defendant to the 1999, the Oklahoma Legislature enacted the Accelerated Accountability Program (AAP) in Oklahoma Community Sentencing Act2 with Tulsa County. The district attorney is the only an eye toward diminishing inmate costs while person who can initially recommend a defen- addressing the social needs of low-risk offend- dant to community sentencing; however, the ers. The practical goal of the act is to handle sentencing judge has the discretion to accept or non-violent felony cases more rapidly and reject the proposed defendant for community provide more services for the offender that are sentencing. Therefore, statutory and internal structured to his specific offense. Recidivism is guidelines were established to diminish risk to expensive. From the standpoint of traditional the public and still effectuate the financial bal- prosecutorial philosophy, public safety once ance the Legislature sought when it created the again rose to the forefront of concern, mainly act. These guidelines operate as safeguards for because under community sentencing the the public. criminal defendant remains in the community while serving his sentence for the offense.3 As The first safeguard is the statutory exclusion the assistant district attorney assigned to the of violent crimes.4 The second safeguard is the community sentencing docket in Tulsa County, exclusion of defendants with more than two my purpose in this article is to assure the pub- prior felony convictions5 and a third safeguard

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2829 is the ability of the district attorneys to exclude and functioning within the community, the other crimes in their own discretion.6 The defendant will have no further court appear- prosecutor also has the discretion to waive ances until the end of the sentence. However, if additional felonies if that defendant is deemed the defendant is not working the treatment to be a suitable candidate for community sen- program, the regular reports will trigger disci- tencing. First- and second-time offenders that plinary sanctions11 designed to get the defen- may be approved for the AAP docket are dant back on track and working on the treat- typically charged with non-violent offenses ment plan. For minor infractions of the treat- such as unauthorized use of a motor vehicle, ment plan, a motion to modify sentence can be possession of a stolen vehi- filed requesting imposition cle, larceny, embezzlement, of sanctions. A sanction may property related crimes and require a defendant to par- possession of controlled The statutory safeguards ticipate in additional group dangerous substances. meetings that focus on behavioral modification. Pursuant to the act, the provided by the act protect the More severe infractions defendant must enter a plea7 receive more severe sanc- and be referred to the public and also allow the tions. The idea of a “gradu- Department of Corrections ated response” —familiar to for an LSI-R. The LSI-R is a diversion of defendants from anyone who has studied the Level of Services Inventory law governing the use of — a diagnostic tool that rates high-cost jails and prisons into deadly force — applies. For the criminogenic needs of a example, if a community defendant and the risk of re- relatively low-cost programs sentencing defendant re- offending. The act allows offends while on community only defendants who test in that diminish recidivism of sentencing, an application to the moderate range (19 to accelerate or an application 28) to be placed on commu- non-violent offenders. to revoke will be filed imme- nity sentencing.8 Defendants diately with a warrant for the with low or high scores on arrest of the defendant. The the LSI-R are supervised in defendant is promptly arrested and brought the traditional manner by the Department of before the AAP judge at the next court setting. Corrections at the traditional expense. Those There is no delay in placing the defendant back defendants in the moderate range are eligible into custody. This ability to quickly modify, for community sentencing. If accepted, they accelerate or revoke the existing sentence acts are placed on a treatment plan for social ser- as a continuing and flexible safeguard for the vices specifically directed to intervene and re- public. direct their behavior from criminal conduct to law-abiding conduct. The cost of these services Public safety will always be of paramount is borne by the Department of Corrections. concern of the district attorney’s office in Tulsa Once a defendant has qualified for community County. More courts throughout the country sentencing, and a plan has been established for are beginning to use alternative programs to the treatment9 of the defendant, the judge has incarceration. Oklahoma is no exception. The the discretion to place the defendant on com- statutory safeguards provided by the act pro- munity sentencing. tect the public and also allow the diversion of defendants from high-cost jails and prisons In Tulsa County, once the judge has sen- into relatively low-cost programs that diminish tenced a defendant to community sentencing, recidivism of non-violent offenders. that defendant is “diverted” from the Depart- ment of Corrections and sent to Diversion Ser- 1. The funding for alternative courts needs to also include more vices.10 At Diversion Services, the treatment financial support for the district attorneys’ offices. The alternative courts require additional manpower for research on recidivism, effec- plan is implemented through case managers tiveness of programs and supervision of the caseload. and regular reports made to the district attor- 2. Title 22 O.S. 988.1 et seq. ney and the judge. The regular reports also 3. There are no definitive studies that indicate alternative courts have a great impact on recidivism. secure the public safety under the watchful eye 4. In particular, community sentencing is not available for any of the district attorney. If the defendant is defendant charged with a crime that requires a defendant to serve 85% of the sentence before becoming eligible for parole, see Title 21 O.S. working the established treatment program Section 13.1.

2830 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 5. Title 22 O.S. 991a-4.1(B)(3). Simply put, the career criminal will never be placed on community sentencing. ABOUT THE AUTHOR 6. For example, in Tulsa County, District Attorney Tim Harris will not recommend a felony DUI defendant for a community sentencing program because of the great risk to members of the public becoming Deborrah Ludi Leitch received innocent victims of drunk drivers. her undergraduate degree from 7. Title 22 O.S. 988.2(8). 8. Defendants with LSI-R scores in the low range are less likely to the University of New Mexico re-offend; conversely, defendants in the high range are at a greater risk and law degree from the Univer- of re-offending despite intervention services. Factors used to determine recidivism include gender, age at the time of the most recent sity of Oklahoma College of Law arrest and age at the time of first arrest. in 1983. She is currently an 9. 22 O.S. Section 988.18(b) requires a treatment plan; the treatment assistant district attorney in plans require defendants to maintain full-time employment; require an educational element eg. GED; require payment of restitution, fines and Tulsa County, where she has held fees. positions as a gun court prosecu- 10. Diversion Services is a private agency with a contract with Department of Corrections to provide social services to community tor and deputy director to the sentencing defendants pursuant to the individual treatment plans juvenile bureau. She currently is the director for the developed through the LSI-R. Diversion Services provides the case managers and acts as an Aumbrella@ for other referral agencies and Accelerated Accountability Program and the newly service providers. formed mental health court. 11. In Tulsa County, a sanction matrix has been designed for progressive treatment. The sanctions increase in severity depending on the area of non-compliance with the treatment plan. The ultimate sanction is incarceration with the Department of Corrections.

ANNUAL OCU LAW ALUMNI LUNCHEON Oklahoma Bar Association Annual Meeting Does the Constitution Matter Anymore? Separation of Powers in the New Century Featuring Guest Speaker MICKEY EDWARDS Executive Director, Aspen Institute-Rodel Fellowships in Public Leadership Lecturer of Public and International Affairs, Woodrow Wilson School, Princeton University U.S. House of Representatives 1977-1993 1970 Graduate of OCU LAW Wednesday, November 7, 2007 Noon to 1:30 p.m. The Sheraton Oklahoma City 1 North Broadway; Oklahoma City, OK Reservations are required. Ticket price is $30. Phone Jackie Weekley at (405) 208-5197 or e-mail [email protected].

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2831 2832 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Diversion Programs AAP: Procedural View from a Defense Attorney By Jane Ann Cobb

have practiced law for the better part of 25 years, was one of two assigned assistant public defenders in Presiding Judge IJefferson D. Sellers’ court when community sentencing was enacted in Oklahoma and am the assistant public defender assigned to the Tulsa County Accelerated Accountability Pro- gram (AAP) docket in Tulsa County. In April 2004, I was asked what the procedural goals and commitments our office could afford to the AAP court. One of these was to interview, plead and set for sentencing or opt out all cases to which I was assigned within two weeks from the date of acceptance into AAP.

Some cases have been approved before arraign- community sentencing or on regular ment and are set directly on the AAP docket for probation. initial appearance and plea, or elect to opt out within two weeks. As eligible offender approv- The objective of pleading and being sen- al has increased and preliminary hearings are tenced within two weeks is to get offenders now set within three weeks of arraignment, started with any treatment they require. The many of the cases are approved after the initial side effect of the shortened time frame and the arraignment and must be set on AAP before initial commitment from pre-trial services is to the preliminary hearing date or come to AAP decrease the numbers of non-violent offenders from the preliminary docket. The procedural sitting in the jail population, preserving jobs commitment is still the same and sometime for those offenders who are employed and shortened to less than two weeks from arraign- decreasing the costs of Tulsa County without ment. Private attorneys are allowed more time endangering the citizens of Tulsa County. before pleading. The district attorney set forth a list of presumptively approved crimes. These After pleading, the client is sent to probation are the ones most often screened at the jail. and parole to have an LSI-R conducted. This With the commitment of the district attorney’s has to be done post-plea and pre-sentencing. If office regarding availability of discovery, and the LSI-R score is moderate (19-28), the client is court services screener the time frame is placed on community sentencing with supervi- usually met and the offender released to get sion by Diversion Services Inc., unless the cli- the Level of Services Inventory (LSI-R). With ent is living in another county. If that is the the commitment made by probation and parole case, we ask for community sentencing with for a two-week turnaround on LSI-R’s, the probation and parole. The client will usually be offender is sentenced and placed on either transferred to the other county and is eligible

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2833 The monitoring of the client does not end with sentencing. for community sentencing services as provided counsel have executed a waiver of jurisdiction, by that county. If the LSI-R score is low or high, necessary as AAP is presided over by a special they are not eligible for community sentencing district judge, at the time of sentencing or are unless there is a mental health exception avail- willing to do so when brought to AAP court. In able. Because there is mini LSI-R that is 75 our office, I go with the client. percent predictive of the range into which the Community sentencing has made alternative client will fall, the majority of the offenders end sentencing available to many who by statute up being placed on community sentencing. are excluded from drug court. In our office we I have a close working relationship with the may determine which of the alternative court jail screener, pre-trial release and the case man- will most benefit our client in light of mental agers at Diversion Services. This helps in early health issues, statutory prohibitions and needs release and early treatment intervention. All of the client. In Tulsa County, we may have an defense council have this same opportunity offender in AAP court and, due to changes in should they elect to take advantage of it. The circumstances, apply them to drug court. Drug monitoring of the client does not end with sen- court may suggest an offender apply to AAP tencing. Diversion Services is very cooperative for various reasons. in working with the client and attorney, in Our office has always been committed and addition to the court and assistant district continues to be supportive of alternative courts attorney, in order to provide the best treatment designed for rehabilitation of eligible offenders plan for the offender. Motions to modify are in an environment that results in lower rates of filed quickly and set on the closest court date offender recidivism without sacrificing citizen with proper notice to the client. That client may security. Additionally, it is more cost effective appear pro se for the sanction. All of the public on the citizens of the county and state of Okla- defender clients, whether represented by me or homa with better results than incarceration of other assistants at the time they are placed on those eligible offenders without treatment or community sentencing, have legal council at an opportunity for help in cognitive behavior the time of the motion to modify. For shorter changes. We do have offenders which end up jail weekend sanctions, if the client waives his going to the penitentiary, but many more that right to notice, the sanction can be imposed have learned how to become productive mem- within the few hours it may take to get before bers of society. It is one of the greatest rewards the judge. It has been documented that the of a defense attorney. sooner the imposition of sanction after the violation, the better the treatment results. The council set forth sanction grid as a guide to consistency between sanction imposed and the ABOUT THE AUTHOR violation which occurred. If the violation is severe enough the assistant district attorney Jane Ann Cobb was admitted will file an application to revoke or accelerate to the OBA in 1983 after gradu- upon the filing of a violation report by Diver- ating from TU. She was in sion Services. All documents filed by Diversion private practice with Boyd and Services are available to the client or attorney Parks, Cates and Cobb and in upon request. solo practice. She served as city prosecutor in Owasso and part- Some of the offenders which are eligible for time municipal judge in Broken community sentencing may not be approved Arrow until being appointed as initially to be sent directly to AAP. These municipal judge for the City of offenders, if placed on community sentencing Tulsa, serving from 1991 until 1995. Since 1999, she by the district court judge will still come to has worked as an assistant public defender in the Tulsa AAP on the filing of a motion to modify, appli- County Public Defender’s Office. cation to revoke or accelerate, but only stay on the docket if the state, defendant and defense

2834 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 OBA/CLE Presents

e innes icle: An Evening Etics d and acing n

Oklahoma City DATE & November 30, 2007 LOCATION: Remington Park One Remington Place

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

TUITION: $100 tuition for early-bird registrations with payment received at least four full business days prior to the seminar date; $125 tuition for registrations with payment received within four full business days of the seminar date. Guest with a CLE registrant will be charged $65.00 for the evening. No discounts. Register online at www.okbar.org/cle.

CANCELLATION Cancellations will be accepted at any time prior to the seminar date; however, a $25 fee will POLICY: be charged for cancellations made within four full business days of the seminar date. Cancellations, refunds, or transfers will not be accepted on or after the seminar date.

Program Planner/Presenter Dan Murdock, OBA General Counsel, Oklahoma City Program:

4:00 p.m. Registration 5:20 Dinner (included in registration)

4:30 Program :30 Race Time (Open Bar, Tip Sheets and Program included)

Anyone wearing short shorts, tshirts, ragged jeans or abbreviated wear of any type will not be allowed into the Penthouse Suites or Eclipse Restaurant. If there are any uestions regarding the manner of a persons dress, Remington Park management reserves the right to make the final decision.

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innes icle Phone ( ) ______E - Mail ______. Are you a Member of OBA?  Yes  No OBA Bar#______Make Check payable to the Oklahoma Bar Association and mail entire page Oklahoma City to: CLE REGISTRAR, P.O. Box 960063 Oklahoma City, OK 73196-0063 November 30, 2007 For  Visa or  Master Card Fax (405) 416-709, Phone or Mail •(405) 416-7006 G CLE Registrant G (number of) uest(s) Credit Card# Exp.date______Authorized Signature

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2835 2836 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Diversion Programs Community Sentencing: A Judicial Perspective By Judge Millie Otey

o many people, “community sentencing” evokes images of inmates in orange jumpsuits picking up trash along the Thighways. To some people, “community sentencing” is a kind of therapeutic court like “drug court.” To others, “community sentencing” means sentencing by “community” bodies other than judges (e.g., town councils and village assemblies). All these people are wrong. These things are not community sentencing. Community sentencing is an individually tailored plan of treatment used to keep certain qualified offenders out of the prison population and to radically reduce recidivism.1 Community sentencing programs have steadily gained popularity since the turn of the century.2

Oliver Wendell Holmes has famously point- family and society. Some judges in Oklahoma ed out the dangers of generalizations. “No have been instrumental in the establishment of generalization is worth a damn, including this community sentencing councils4 and the imple- one.”3 Still, a couple of generalizations might mentation of community sentencing.5 It is be helpful. In general, “old school” prosecutors undeniably true that community sentencing do not readily embrace community sentencing cuts the costs of the Department of Correction.6 because a defendant receives probation rather It can also allow and enable a defendant to than incarceration. To these paleo-prosecutors, avoid the full impact and consequence of his punishment and deterrence are the only suc- admitted non-violent criminal acts, and avoid cessful tools against recidivism. In general, the social stigma of institutional incarceration. progressive thinkers and fans of innovation and novelty view community sentencing as a As the judge presiding over the community new way to balance the need for public safety sentencing docket in Tulsa County, I believe I against the public budget constraints, with have isolated the essential key to community rehabilitation as a valued and frequently sentencing. In my view, the key is the method encountered side effect. Finally, as a general by which the courts, mental health/crimino- matter, many defense attorneys believe com- genic specialists and other members of the munity sentencing is an opportunity for a non- criminal justice community craft a sentence to violent defendant to avoid incarceration, serve and suit the individual needs, circum- remain in the general population, maintain stances and situation of the particular defen- employment and continue to be part of his dant. My judicial duty is to implement a

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2837 deferred or suspended sentence, through the sentencing believe it to be an unacceptable community sentencing mechanism, for eligible departure from the traditional and conven- offenders. tional retribution-and-deterrence-based mod- els of sentencing – a newfangled, unwelcome The judge is the ultimate gatekeeper for infusion of pop-psychology and social theory, community sentencing.7 To be recommended destined to destroy judicial rulings and to to the judge for community sentencing a defen- replace judges themselves with social workers dant must satisfy five criteria: 1) He must be and, in the worst case “darkness at noon” sce- accused of committing a nario, with full-fledged non-violent felony; 2) he social engineers. may have no more than two prior felony convic- The judge imposes the sentence These criticisms are tions; 3) he must have a not well-taken. As men- score of 19 to 28 (moder- and then remains available to revise tioned above, commu- ate range) on the LSI-R nity sentencing is on the diagnostic inventory;8 4) and modify the sentence. verge of becoming the he must have a mental “new model” for avoid- health evaluation; and 5) ing the tragic/deplor- he must have a sub- able recidivist “cycle of stance abuse evaluation. failure” for occasional, These criteria require the district attorney to act non-chronic, non-violent felony offenders.12 as the initial screener. The district attorney is The diagnostic instrument that provides and uniquely qualified to thoroughly check a defen- generates much of the information used in dant’s criminal history9 and to ensure that the community sentencing is sophisticated and defendant does not have more than two prior well-regarded.13 Most important, community non-violent felonies. If, and only if, the district sentencing is a form of sentencing. It is not a form attorney recommends the defendant for com- of treatment. munity sentencing does the defendant move to The judge plays the traditional role that the second qualifying phase of the community judges always play in sentencing: The judge sentencing. imposes the sentence and then remains avail- The second phase in the community sentenc- able to revise and modify the sentence. Judicial ing “funnel of causality” is the assessment with neutrality, objectivity and “distance” are all the LSI-R diagnostic tool.10 The defendant is maintained. The judge remains a judicial offi- allowed to continue if, and only if, he scores cer; he does not become part of the treatment within the moderate range of the LSI-R. If the team.14 defendant satisfies that requirement, he is then There are several good reasons why the finally allowed to receive a community sen- judge should not be part of the treatment tencing recommendation11 from the district team: attorney. 1) Judges are generalists. They are not The preliminaries are now complete. It is experts in sociology and psychology. time for sentencing. The judge uses the district attorney recommendation, the treatment plan 2) Judges serve a well-defined traditional contained in the LSI-R and input from the role in government and society. That role defense attorney to formally sentence the would be undermined and compromised defendant. To actually receive community sen- if judges were to become therapists and/ tencing, the judge must be satisfied that a or social workers. defendant has a substantial chance of completing the program successfully. The main way to 3) The treatment phase of community sen- satisfy a judge on this point is to indicate a sin- tencing may not be successful. Judges cere, realistic desire to change non-violent must be independent and neutral vis-à- criminal behavior into acceptable law-abiding vis the treatment process. If the treat- behavior. I am reminded of the old joke: “How ment fails, the judge must be able to impose a traditional and conventional many psychologists does it take to change a 15 light bulb? One, but the light bulb has to really sentence. want to change.” The psychologist joke is, unfortunately, apt. Many critics of community

2838 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 In conclusion, community sentencing appears falls within the moderate range based on the accepted assessment tool. See infra note 8. to be a way to help non-chronic, non-violent 5. The Honorable Candace Blalock received the Lambird Spotlight offenders break the recidivist “cycle of failure.” Award from the Oklahoma Bar Association for her implementation of a two-county community sentencing program in 2002. See The Journal The preliminary returns are encouraging. Record (Oklahoma City) 11/21/02. 6. The incarceration costs of a defendant focused on the general The judge is the gatekeeper. The judge makes category of “housing”; the Legislature also excluded a defendant’s the final decision about whether or not to use medical and dental expenses from state funding through community sentencing. 22 O.S. §988.12(B). community sentencing in a particular case, on 7. See Morrissey, supra note 1, at 776-777 & n. 97. the basis of a variety of inputs including crimi- 8. The LSI-R is an assessment tool utilized to determine the pro- pensity for recidivism. There are three assessment ranges, low, moder- nal history and criminogenic data. As Judge ate and high. See Morrissey, supra note 1, at 774 & n. 76. Linda Morrissey has observed, “[i]n the end, 9. The criminal history would also include juvenile history that is foreclosed to others, including, generally, the public. the success of community sentencing hinges 10. See Morrissey, supra note 1, at 775 & n. 75. upon the discretion of judges to both utilize the 11. The LSI-R also contains a treatment plan for the defendant system and provide aggressive oversight of the based on the criminogenic needs as diagnosed. There is a mental 16 health exception for community sentencing when the defendant tests supervision process.” If a community sen- in the high range. tencing plan is adopted, the judge stands avail- 12. See Morrissey, supra note 1 at 782-784. “[T]he potential for an offender to take a miss-step is a given.” Id. at 779. able to impose sanctions, including a tradi- 13. See Morrissey, supra note 1 at 774-776 & nn. 74-86. (summariz- tional prison/jail sentence, but he does not ing research). And see especially Kelly Vance, Adult Offender Standardized Assessment Quality Assurance: A Primary Building Block of Community participate in the treatment plan as a therapist. Sentencing, 4 Community Sentencing Digest (Sept. 2000). The treatment plan is administered by appro- 14. In some non-traditional “therapeutic court” regimes, the judge priate public and private service providers. does become part of the treatment team. In those “courts,” some legal theorists have speculated that a judge might, in theory, move so far The judge remains a judge. outside his traditional legal role that his judicial immunity would be compromised. CONCLUSION 15. According to Dr. Joan Petersilia, a recognized authority on intermediate sanction regimes, Community sentencing is not community My experience suggests that judges are the key to successful intermediate sanctions programs. In the communities that I have service. It is an approach to the sentencing of worked with, judges can either make or break a program. They non-violent felony offenders that is supervised not only do the initial sanctioning; they also do the revocation of parole and probation. If the guy [sic] tests positive and the judge — but not implemented — by a judge. refuses to allocate that jail bed to the violator, the program loses Community sentencing is implemented by credibility very quickly. Word gets out to offender immediately psychologists and other professionals. It that the intermediate program has no teeth. Joan Petersilia, A Decade of Experimenting With Intermediate Sanctions: keeps offenders involved in, and part of, the What have We Learned?, 79 National Institute of Justice, Perspectives on community. Crime and Justice: 1997-1998 Lecture Series 102 (1998), quoted Mor- rissey, supra note 1, at 783 and n. 147. In Tulsa County, a multidisciplinary working group, which The judge plays a traditional role in commu- included lawyers, judges and several non-traditional participants in nity sentencing. He applies the law to a “case.” the sentencing process, developed a matrix/grid for judges to use in He exercises discretion within established imposing sanctions for failure to comply with the treatment plan. The use of the matrix/grid is optional. I use it as a “self-check” after I have guidelines and parameters. When community determined the appropriate sanction using traditional judicial meth- sentencing works, it allows an offender to ods (i.e., non-alternative methods). avoid the recidivist “cycle of failure” — the 16. Morrissey, supra note 1, at 783 (emphasis in original). familiar, tragic pattern that creates chronic, career criminals. ABOUT THE AUTHOR 1. Linda G. Morrissey & Vicki S. Brandt, Community Sentencing in Oklahoma: Offenders Get a Second Chance to Make a First Impression, 36 Judge Millie Otey received Tulsa L.J. 767 (hereinafter, “Morrissey”). [The Honorable Linda G. Morrissey and the Honorable Jefferson Sellers were vital to the cre- her bachelor of science degree ation of the Tulsa County Criminal Justice Planning and Policy Council in journalism from the Univer- and implementation of the community sentencing program.] See infra note 4. sity of Colorado. She earned her 2. See generally, Lord Phillips of Worth Matravers, Lord Chief Jus- J.D. from the University of Tulsa tice of England and Wales, Alternatives to Custody—the Case for Com- munity Sentencing, Centre for Criminology, Oxford University (May 10, College of Law in 1979. While 2002). at TU, she was a staff member 3. (attributed) O.W. Holmes, Jr. and Richard Posner, The Essential for the Tulsa Law Journal. She is Holmes: Selection From The Letters, Speeches, Judicial Opinions And Other Writings Of Oliver Wendell Holmes, Jr. (1992) (This a former Tulsa County Bar Asso- was one of the favorite Holmes quotations of the late John S. Athens). ciation president, former OBA 4. Under the Oklahoma Community Sentencing Act, 22 O.S. §988.1, Oklahoma District Judges were authorized to establish community vice president and is a current trustee for the Okla- sentencing systems, within their jurisdictions, utilizing public and homa Bar Foundation. private service providers for the eligible felony offenders as part of a deferred or suspended sentence. Section 988.1 describes the eligible offender as one who is eligible by crime and whose risk for recidivism

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2839 The 5th Annual Legal Ethics Musical - A Singing Centennial Celebration

Oklahoma City Tulsa DATES: December 19, 2007 December 20, 2007 & LOCATIONS: Will Rogers Theater Crowne Plaa otel 4322 N. Western Ave. 100 E. 2nd St.

CLE CREDIT: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 2 hours of mandatory CLE credit, including 2 hours of ethics.

TUITION: $100 for early-bird registrations received with payment at least four full business days prior to the seminar date; $125 for registrations received with payment within four full business days of the seminar date; $50 for non-OBA member guests. Register online at www.okbar.org/cle. No discounts.

CANCELLATION Cancellations will be accepted at any time prior to the seminar date; however, a $25 fee will be POLICY charged for cancellations made within four full business days of the seminar date. Cancellations, refunds, or transfers will not be accepted on or after the seminar date.

Program Planner Randy rau, Deputy County Commissioner for Ray aughn, Oklahoma County Commissioner District 3, Oklahoma City

Program Moderator Dan Murdock, OBA General Counsel, Oklahoma City

Come catch the newest installment of Oklahomas most entertaining and unorthodo CLE. From the same folks who brought you the musical presentations of Once pon a CLE, Cowboy Court, and Ethics Cabaret, comes a salute to Oklahomas singers, songwriters, and music celebrating our great state.

ou will enjoy creative, humorous, and maybe even familiar selections performed by ay Buxton, Edmond Law Center, Edmond; Randy rau, Deputy County Commissioner for Ray aughn, Oklahoma County Commissioner District 3, Oklahoma City; Michelle Campney, W alls, W alker, arris, & Wolfe, P.L.L.C., Oklahoma City; ackie Short, Attorney at Law, O klahoma C ity; ennifer A. W hite, Eldridge Cooper Steichen & Leach, PL.L.C, T ulsa.; Rees Evans, Attorney at Law, Oklahoma City; Sarah lick, Attorney at Law, Oklahoma City; and members of the OBA staff, including G eneral C ounsel Dan Murdock, and Carol M anning and M elissa B rown from t he Public Information Department.

2840 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 nt elieve ll get E cedit A ave a gd tie ees at ele ae saing at te evis sical etics Es:

I came to get lastminute CLE credits, but had so much fun I plan to make it a yearly event”

An excellent format and presentation. Entertaining and refreshing. Ill be back next year.

I really loved the program I wish we could have more CLEs like this one

Most excellent Informative and entertaining. Impressed with the uality of the presentation.

Absolutely the most engaging CLE ever

5:30 p.m. Registration and Dinner

:00 Program

7:50 Adjourn

With soontobe parody classics like:

Bar Complaints eep Falling on My ead (apologies to B.. Thomas) This Bar is Your Bar (which would make Woody Guthrie proud) Back in the Courtroom Again (what Gene Autry would sing had he been a lawyer) You Caint o to Court if You Aint ot a Tie (in the true spirit of Roger Miller) and much, much more The 5th Annual Legal Ethics Musical - A Singing Centennial Celebration

Full Name______G Oklahoma City December 19, 2007 Firm ______Address ______G Tulsa City ______State ______Zip______December 20, 2007 Phone ( ) ______E - Mail ______Are you a Member of OBA?  Yes  No OBA Bar#______

Register online at www.okbar.org/cle Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 960063 Oklahoma City, OK 73196-0063

For  Visa or  Master Card Fax (405) 416-709, Phone (405) 416-7006 or Mail Credit Card# Exp.date______

Authorized Signature

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2841 2007 Award Recipients

OBA Awards: Individuals for Whom Awards are Named

NEIL E. BOGAN Neil Bogan, an attorney from Tulsa, died unexpectedly on May 5, 1990 while serving his term as president of the Oklahoma Bar Association. Mr. Bogan 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 the legal profession. The OBA’s Professionalism Award is named for him as a permanent reminder of the example he set. OUTSTANDING LAW SCHOOL SENIOR STUDENT AWARD HICKS EPTON While working as a country lawyer in Wewoka, attorney Joshua M. Brannon Hicks Epton decided that lawyers should go out and edu- Oklahoma City University School of Law cate the public about the law in general, and the rights and liberties provided under the law to American citizens. Joshua Brannon is in his third year at Oklahoma Through the efforts of Mr. Epton, who served as OBA City University School of Law. He graduated president in 1953, and other bar members, the roots of Law summa cum laude from Oklahoma State Univer- Day were established. In 1961 the first of May became an sity with a B.S. in finance and the Honors College annual special day of celebration nationwide designated by degree. a joint resolution of Congress. The OBA’s Law Day Award recognizing outstanding Law Day activities is named in his During his time at Oklahoma State, he was a honor. member of Mortar Board, served as an officer of Golden Key, ambassador for the Honors College, FERN HOLLAND and was active in the Baptist Collegiate Ministries Fern Holland’s life was cut tragically short after just 33 and several other campus organizations. He is years, but this young Tulsa attorney made an impact that also a Hatton W. Sumners Scholar and a member will be remembered for years to come. Ms. Holland left private law practice to work as a human rights activist and of Phi Delta Phi International Legal Fraternity. to help bring democracy to Iraq. In 2004 she was working Mr. Brannon currently serves as a resource closely with Iraqi women on women’s issues when her editor for the OCU Law Review. He is currently vehicle was ambushed by Iraqi gunmen, and she was killed. ranked first in his class and has received CALI The Courageous Lawyer Award is named as a tribute to her. awards in Legal Analysis, Legal Research & Writing I, Criminal Law, Contracts II, Criminal MAURICE MERRILL Procedure and Constitutional Law. Dr. Maurice Merrill served as a professor at the Univer- Following graduation, Mr. Brannon hopes to sity of Oklahoma College of Law from 1936 until his retire- work in the compliance department for the ment in 1968. He was held in high regard by his colleagues, National Collegiate Athletic Association or one of (cont’d on page 2854) its member institutions.

2842 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 OUTSTANDING LAW SCHOOL OUTSTANDING LAW SCHOOL SENIOR STUDENT AWARD SENIOR STUDENT AWARD Alicia Currin-Moore Misty Cooper Watt University of Oklahoma College of Law University of Tulsa College of Law Alicia Currin-Moore, a third-year law student Misty Cooper Watt is a December 2007 J.D. at the University of Oklahoma, has chosen law as candidate from the University of Tulsa College of her second career. She earned a bachelor’s in Law. early childhood education and a master’s in education administration and curriculum from OU Ms. Watt ranks in the top 10 percent of her class and was a kindergarten teacher for 10 years. Ms. and is the recipient of an academic scholarship. Currin-Moore earned numerous awards as an While in law school, she served as editor in chief Tulsa Law Review educator, including Teacher of the Year. of the , Women’s Law Caucus vice president, Student Bar Association class Ms. Currin-Moore is the recipient of the Crowe delegate, student ambassador, member of the and Dunlevy Minority Scholarship and is a Bruce Phi Delta Phi honors fraternity, Property Teach- Scholar. During her first year at OU Law, she was ing Assistant and aid to the Legal Research the community service chair for the Black Law Department. Student Association (BLSA). She created “BLSA Ms. Watt excelled in legal writing and was pub- Book Buddies,” a reading program that connected lished in the Tulsa Law Review for her article, inner-city elementary students with BLSA mem- “Pharmacist Knows Best? Enacting Legislation in bers. She also qualified for the Sweet 16 round of Oklahoma Prohibiting Pharmacists from Refus- the 1L Moot Court Competition. ing to Provide Emergency Contraceptives.” She During Ms. Currin-Moore’s 2L year, she was also sat as a panelist with three TU law professors the vice-president of BLSA, the junior coordinator interviewing former U.S. Supreme Court Justice for Students Access to Justice Pro Bono Program Sandra Day O’Connor. Her other honors include (SATJ) and the 1L Board of Advocates Moot Court placing first in the TU Women’s Studies Essays Assistant. She was also awarded “best brief” at Contest, the John Hager Award for Excellence in the Frederick Douglass Moot Court Competition. Torts, and CALI Achievement Awards for Outstanding Performance in the fields of torts, Currently, Ms. Currin-Moore is the coordinator criminal law, and legal research analysis and of SATJ, elected the Frederick Douglass Moot writing. Court Director, 1L Board of Advocates Moot Court Director and a member of the Luther Boha- Upon graduation, Ms. Watt will join a litigation non American Inn of Court. group in the law firm Stinson Morrison Hecker LLP in Kansas City. Ms. Currin-Moore’s proudest accomplishment is her one-month-old son, Mason Isaiah, she has with her husband, Cedric.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2843 His nominator said, “His work is of the highest quality and reflects a clear understanding of the needs and perspectives of the program regis- trants. He has an appreciation and enthusiasm for the practice of law and the law itself, and that inspiration is shared through his involvement in education.”

EARL SNEED CONTINUING LEGAL EDUCATION AWARD Ben Brown, Oklahoma City Ben Brown has been an assistant public defender with the Oklahoma County Public Defender’s Office for the past 15 years and is currently assigned to the juvenile division. During his tenure he has been assigned as an attorney to the JUDICIAL EXCELLENCE AWARD misdemeanor division, the civil division as a Judge Ray Dean Linder, Alva guardian ad litem, the felony trial division, the capital trial division and has appeared before the Judge Ray Dean Linder has been on the trial bench in western Oklahoma since 1967, serving as Oklahoma Court of Criminal Appeals numerous the county judge for Woods County. Judge Linder times. In addition, he has supervised the misde- became an associate district judge in 1969 and meanor team and recruits and supervises the ascended to district judge for the 4th Judicial Dis- legal interns, clerks and volunteers for the Public trict in 1983, making him one of the longest sitting Defender’s Office. trial judges in the state. Mr. Brown assists in conducting training and “Judge Linder’s respect and reputation are providing continuing legal education for the unequaled throughout the state of Oklahoma. attorneys in the Public Defender’s Office. Over Ask any lawyer who has practiced before Judge the past 12 years, he has served as chairperson of Linder and you will get nothing but respect and the continuing legal education committees for the praise. He is always prepared. He reads every- Oklahoma Criminal Defense Lawyers Associa- thing that is submitted to him and gives every tion, Oklahoma County Criminal Defense Law- position its due. Judge Linder is one of the most yers Association, OBA Criminal Law Section, and accommodating judges in Oklahoma,” his nomi- has been the Criminal Law Track planner and nator said. moderator for the OBA Annual Meeting since For years, Judge Linder has been a leader in 2003. He is a frequent presenter at criminal law northwestern Oklahoma. He worked closely with programs, and during the past 12 years he has the city of Alva to obtain the placement of the Bill planned and spoken at hundreds of hours of CLE Johnson Correctional Center. In addition, he has programs. participated in and promoted the Grand National Mr. Brown is a member of the National Associa- Quail Hunt in Enid. He has served as co-chair- tion of Criminal Defense Lawyers, OBA Criminal man for the annual Oklahoma Legislative Quail Law Section and Oklahoma County Criminal Hunt in Woods County for over 25 years. Judge Defense Lawyers Association. He is the 2007-2008 Linder also serves on the statewide planning chairman of the Criminal Law Section and serves committee for the Oklahoma Lieutenant Gover- on the Oklahoma County Criminal Defense Law- nor’s Invitational Turkey Hunt held each April yers Association Board of Directors. He was the for the past 20 years. 2002 recipient of the President’s Award from Judge Linder was the play-by-play radio broad- OCDLA for his work in Clark v. State and 2006 caster for Northwestern Oklahoma State Univer- President’s Award recipient from the Criminal sity sports for 28 years. He also hosted a local TV Law Section. sports program originated at NWOSU. Judge

2844 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Linder is a member of NWOSU’s Sports Hall of 2000, Judge Joyner was selected by the adminis- Fame. He is a sought-after public speaker and is trative offices for the federal courts in Washing- an admired jewelry maker. ton to go to Thailand to hold a hearing on whether four Americans being held in Thailand prisons Judge Linder served as president of the Okla- homa Judicial Conference in 1984. He is currently could return to the United States to finish out the presiding judge of the N. W. Administrative their lengthy sentences. Judge Joyner has also District comprised of 18 counties. Since 1984, he been instrumental in the highly effective settle- has served in that position a total of 16 years. ment program administered by the Northern District. He and his wife, Wylodean, celebrated their 51st wedding anniversary in August. Their three His nominator said, “Judge Joyner is a man of children are Jana Pitt, Oklahoma City; Jon Linder, the highest character with a demonstrated com- Alva; and Julia Schrock, Alva. Their son Jay died mitment to excellence and a continual effort to in 1979. Judge and Mrs. Linder have four better himself for the benefit of the profession of grandchildren. law and the community around him. Judge Joyner is definitely not one to ‘rest on his laurels’ in anticipation of retirement. During his legal career – now spanning over 40 years – Judge Joyner has embodied, and continues to embody, the very characteristics for which the OBA’s Award of Judicial Excellence has been established. Present- ing Judge Joyner with this award will be a wonderful tribute to his laudable service on the bench.”

JUDICIAL EXCELLENCE AWARD Judge Sam A. Joyner, Tulsa LIBERTY BELL AWARD Oklahoma Educational Television Judge Sam A. Joyner has come to be known for Authority, Oklahoma City his exemplary service to the bench, bar and sur- rounding community. He graduated from the The Oklahoma Educational Television Author- University of Oklahoma College of Law in 1966 at ity is being honored for its ongoing dedication to the top of his class. That year he went into private the OBA’s Ask A Lawyer TV show. Ask A Lawyer, practice in Lawton and continued until 1995, which is produced by both OETA and the OBA, when he became a U.S. Magistrate for the will celebrate its 30th anniversary next year. Northern District of Oklahoma. The program is one of the most visible ways At its annual meeting in 2005, the Federal Mag- Oklahoma celebrates Law Day. It is designed to istrate Judges Association congratulated Judge share information about legal issues in easy-to- Joyner on the completion of his six years of ser- understand language. While OETA has always vice as editor in chief of the Federal Courts Law been a key partner in the show’s development, its Review. The association commended him on his recent efforts deserve special recognition. With vital, creative and diligent service as editor in the guidance of OETA, the committee trans- chief from 1999 to 2005 and indicated that he formed Ask A Lawyer into a Dateline-type format played a central role in developing the FCLR with segments shot outside the studio. These seg- from its inception to its current, well-respected ments feature real people whose lives have been prominence. He remains a member of the board improved because of their attorneys’ hard work. of editors. The show has also featured some headline Judge Joyner has presented numerous CLE grabbers — several jurors from the state trial of seminars and most recently has become a “resi- Terry Nichols, Oklahoma City bombing co-con- dent expert” in the area of electronic discovery. spirator; and Dennis Fritz, a man who lived He is also active in the Hudson-Hall-Wheaton 12 years behind bars wrongfully convicted of Chapter of the American Inns of Court in Tulsa. In murder.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2845 Although Ask A Lawyer doesn’t air until the continues to attend the OBA Annual Meeting end of April, production starts several months in each year and continues to serve on various advance. The Law Day Committee usually starts committees. planning in September, and OETA always assists the committee every step of the way. “He brings his extensive knowledge, wisdom and experience to these groups, most recently Recently, OETA has assisted the Law Day serving on the Awards Committee,” said his Committee in reaching out to the state’s Hispanic nominator. “Winfrey’s philosophy has always community. OETA helped the committee to record been that the price of the opportunity for and broadcast a Spanish translation of the show leadership was continued service to the bar.” to air on a secondary audio programming (SAP) channel. Spanish-speaking viewers were given Mr. Houston shows leadership in his commu- the opportunity to call the free legal advice hot- nity as well. He served as a city commissioner to line number shown on the screen and consult the City of Stillwater from 1990-1993 and was a with a Spanish-speaking attorney. crucial part in forming the Stillwater Community Band. He is a charter member of the Stillwater The partnership that OETA creates with the Community Center Board. He led the effort in OBA formed a public relations tool that is invalu- organizing a cultural district in Stillwater and able for the public image of lawyers. OETA also was honored with the rededication of the Com- has continued to rebroadcast the show on its munity Center auditorium as the Winfrey D. digital channel (28 times and counting) since Law Houston Theater for the Performing Arts. Day. “Winfrey’s dedicated and tireless service to the OETA’s commitment to Ask A Lawyer has truly community brought esteem to our profession. He shined since the show adopted its current format has practiced law with honesty, integrity, civility and reached out to broader audiences. This mutu- and professionalism, with respect for the law, the al cooperation of 30 years in the making has bench, the bar and his fellow man,” his established Ask A Lawyer as an essential element nominator said. of Law Day in the state of Oklahoma.

JOE STAMPER DISTINGUISHED ALMA WILSON AWARD SERVICE AWARD Denny Johnson, Tulsa Winfrey Houston, Stillwater Denny Johnson began her service at the Tulsa Winfrey Houston became Oklahoma Bar Asso- County Public Defender’s Office in 1981. In the ciation president in 1969 while serving on many early 1990s, the courts saw a need for indepen- other committees and remaining active in the dent representation of children based on the esca- association. He is now the association’s longest lation of high conflict between divorcing parents. serving past president. Ms. Johnson responded to this increased need Following his presidency of the OBA, Mr. and was granted the authority to limit her repre- Houston served as the president of the Oklahoma sentation to children. Thus, she began what is Bar Foundation, the Payne County Bar Associa- now known as the “civil division” of the Public tion and served as a member of the House of Defender’s Office, whose representation is limit- Delegates of the American Bar Association. ed to children in divorces, paternity suits, guard- Despite the length of time since his presidency, he ianships, protective orders and adoptions.

2846 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 This was a new and unknown area of law, and membership, the committee actively seeks out Ms. Johnson had to research and implement pro- and evaluates beneficial goods and services protocols for effectively representing children. The vided by various vendors. This year, Chairperson program proved to be challenging at first. Ms. Debra Charles of Oklahoma City, and her out- Johnson aspired to educate other lawyers and the standing group of committee members, including judiciary in order to change the traditional focus Vice-Chair Keri Williams, generated some excep- of divorce from a fight between parents to one of tional perks for the OBA membership. adjudicating what is in the best interests of the child. The courts soon realized that the best inter- In 2006 and 2007, the committee spent consider- ests of the child were paramount and should able time locating and evaluating low-cost ave- be the primary consideration in all litigation nues for more comprehensive public domain involving children. legal research tools, and received and reviewed proposals for legal research alternatives. After The past 14 years, Ms. Johnson served as head thoroughly evaluating the options, the committee of the civil division of the Tulsa County Public recommended that the OBA adopt Fastcase as an Defender’s Office. There was never a time when OBA membership benefit. Fastcase provides all she did not represent children in some capacity state bar members with free online access to a throughout her 26 years of practicing — even comprehensive national law library. Both the when she was in the felony trial rotation and try- time-saving and economic impact of the new ben- ing capital murder cases. efit makes Fastcase one of the best perks the OBA has offered its members in many years. “Ms. Johnson’s reputation as a fierce advocate and extremely skilled trial lawyer helped pave In view of the computer-driven law practice of the way and set the bar for the standards of child 2007, the committee identified a need for OBA representation in Tulsa,” her nominators said. members to have access to a reliable and profes- “She received numerous offers for employment in sional data backup system. After receiving and the more lucrative private law field, yet she reviewing proposals from several vendors, the always chose to continue to represent those most committee recommended CoreVault for the OBA in need of protection — children.” membership. In April 2007, the OBA endorsed Oklahoma-based CoreVault as the official online Her nominators also noted that while Ms. backup service of the OBA. Johnson’s retirement is a deep loss for all, she leaves behind a legacy of excellence and a new The CoreVault backup system frees OBA mem- perspective on the most important issues. bers from the worry of losing data and not being able to restore it due to virus, hard drive crash, Ms. Johnson is married to Ron Wallace, and accidental deleting of data, natural disaster, flood they have two children, Philip and Sunny. and the many other ways that could cause data loss. It is an excellent benefit and very useful in today’s law practice. The Member Services Committee continues to evaluate possible benefits for OBA membership. This year was a productive one for the committee, and the committee looks forward to being able to provide many more benefits to OBA members in the future.

GOLDEN GAVEL AWARD OBA Member Services Committee Debra Charles, Chair The OBA Member Services Committee’s purpose is to evaluate commercial benefits which could be made available to members of the OBA. By concentrating the buying power of the OBA

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2847 NEIL E. BOGAN PROFESSIONALISM AWARD JOHN E. SHIPP AWARD FOR ETHICS Judge Bana Roberts, Oklahoma City Sidney G. Dunagan, Oklahoma City Judge Bana Roberts has been a model of profes- “Many Oklahoma lawyers know Sid not as a sionalism throughout her life. As an attorney for bar leader, but as an honest, principled, hard- 30 years and a judge for almost 20 years, Judge working and accomplished advocate for his cli- Roberts has exemplified the greatest ideals of our ents,” read the award nomination for Sidney G. profession while being kind, courteous, honest, Dunagan. A practicing attorney in Oklahoma diligent and trustworthy. since 1973, he is recognized as a strong mentor by other attorneys. She is intensely involved in community service. For the last three years, she has served as a lay Mr. Dunagan spent five years of distinguished leader for Chapel Hill United Methodist Church and decorated service with the U.S. Army Judge and has actively served on countless church- Advocate General’s Corps (including a tour in related committees. Her church work includes Vietnam). Following his military service, he joined mission trips to Venezuela and Mexico, spending the Tulsa law firm of Gable & Gotwals. In 1995, he hundreds of hours helping to build houses for moved his family and law practice to Oklahoma those living in poverty. In addition, Judge Roberts City to establish and then manage his firm’s office has served for over 10 years as a volunteer with there. Special Olympics Oklahoma on the Board of Mr. Dunagan has been an active volunteer in Directors and is currently the chairperson-elect. several legal organizations. In 1994, he served as She has also served the bar with the same inten- OBA president, having previously served on the sity. Judge Roberts has served as the president of Board of Governors in the mid-1980s and as vice the Oklahoma County Bar Association and the president in 1987. He also served as president of William J. Holloway Jr. American Inn of Court. In the Tulsa County Bar Association and as state addition, she has served on the Oklahoma County chair of the Oklahoma Fellows of the American Bar Association’s committees for Bench and Bar, Bar Foundation. Mr. Dunagan served in the ABA Alternative Dispute Resolution, Law Related House of Delegates and is a member of the Amer- Education, Civil Procedure and Law Schools. ican College of Trial Lawyers. He is licensed to practice in the 5th, 9th, 10th and 11th Circuits of the U.S. Courts of Appeals. His nominator said, “He gave me a keen sense through his advice and how he practiced that you could be a strong and effective advocate, but you should never forget ethical considerations in your practice. Sid’s many contributions to those of us that have the good fortune to practice with or around him have had a lasting effect on us and our profession.”

2848 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 and problems within the African American and other ethnic communities in Oklahoma. Even in retirement, Mr. Green continues to help young attorneys and advises the governor and others on the selection of judges and appointments. OUTSTANDING COUNTY BAR AWARD Carter County Bar Association The Carter County Bar Association prides itself on several projects that directly benefit the county’s children. With a membership of 85 members, TRAILBLAZER AWARD 51 of whom are in private practice, 42 of these John Green, Oklahoma City members volunteer to represent children and parents on the deprived child docket. From looking Soon after John Green was admitted to the at the numbers, Carter County has perhaps the Oklahoma Bar Association in 1957, he started a highest percentage of practicing lawyers who private practice that focused on segregation in volunteer for this docket. It is clear that Carter Oklahoma City. Throughout his legal career, he County is setting the precedent of volunteerism has made a name for himself as a pioneer in the across the state. pursuit of racial equality. Another aspect of involvement in these deprived Nine years after Brown v. Topeka Board of Educa- cases is the number of Carter County attorneys tion, Oklahoma City’s public school district was who act completely pro bono. Of the 42 volun- still segregated. Mr. Green took on the school dis- teers, 30 never submit a claim for reimbursement trict and was the lead attorney in Dowell v. School and three do so only if the hearing is contested Board of Oklahoma City Public Schools, the case that and lasts longer than an hour. Compared with forced the Oklahoma City school system to inte- attorneys across the state, those nine who rou- grate the public schools and make education in tinely submit court fund claims are paid much, Oklahoma equal for all races. Mr. Green was also much less than their usual hourly rate. instrumental in a state lawsuit resulting in obtaining access for blacks to restaurants. Outside of the legal arena, the county bar awards two $1,000 scholarships that are open to This accomplishment wasn’t Mr. Green’s first any student in the county who is not related to a experience with risk taking. After graduating member of the bar. from high school in Idabel, he attended More- house College, where he became a close friend In addition, the bar oversees a locally adminis- and confidant of Dr. Martin Luther King Jr., his tered fund that benefits abused, neglected and fellow fraternity brother. Mr. Green earned a dis- abandoned children. A few years ago, three Cart- tinguished combat record in the Korean War, er County children died in a fire, and their moth- where he was awarded the Combat Infantryman’s er was convicted of criminal neglect, and a civil Badge and Bronze Star Medal in a newly inte- suit was filed against several other parties. The grated Army. Following his military service, Mr. case settled shortly before trial. Included in the Green was the second African American to grad- terms of the settlement was setting aside $100,000 uate from the University of Oklahoma College of to benefit deprived children in a manner decided Law. by the judge. Rather than disburse the $100,000, Mr. Green broke several other racial barriers the judge decided to create a perpetual fund in during his career. He was the first African Ameri- the name of the three deceased children and can to serve in the Oklahoma County District asked the county bar to assume the responsibility Attorney’s Office as a prosecutor, as the U.S. for overseeing it. Attorney for the Western District of Oklahoma and on the OBA Board of Governors. Outside of the legal profession, he created the Southwestern Urban Foundation, which has raised more than $2 million in the past four years. Its mission targets financial support for the needs

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2849 The YLD is also working with the OBA in their “Wills for Heroes” campaign, an effort is to provide free wills to those “heroes” in our community such as fire fighters, police and first responders. Several other annual OCBA events continued with success this year, including Lawyers in the Classroom, the INFORM methamphetamine abuse education program, the YLD’s Harvest OUTSTANDING Food Drive, Law Day, the annual golf tourna- COUNTY BAR AWARD ment, and the Bench and Bar Committee’s bi- yearly conference at Quartz Mountain. Oklahoma County Bar Association Other new initiatives the OCBA took on were a During the past year, the Oklahoma County Bar members-only Web site, a credit card program Association concentrated on innovative programs that generates funds for the association, and a made possible through the hard work of its mem- courthouse security access card was developed in bers. This voluntary bar of 2,150 members estab- cooperation with the Oklahoma County Sheriff’s lished several new programs that will benefit the Department. association for many years to come. One of the first initiatives of the year was establishing a more effective communication system between the OU and OCU law schools. Liaisons from both schools have been added to the OCBA Board of Directors. These liaisons will report pertinent news and events regarding their prospective schools at each board meeting. In the same way, they will report OCBA news back to their schools. The Evaluation and Young Lawyer Outreach Task Force formulated the first-ever electronic membership survey this year. This survey was HICKS EPTON LAW DAY AWARD conducted to evaluate the OCBA’s performance Payne County Bar Association according to its members and was also designed to understand what the members would like to The Payne County Bar Association orchestrated see in the future. This task force was also instru- a successful Law Day with the theme of “Empow- mental in passing a resolution from the OCBA ering Youth, Assuring Democracy.” This year’s Board of Directors requiring each committee to events were coordinated by Jodie Gage and add at least one new young lawyer to its Mozella Irwin-Smith. membership annually. Payne County’s Law Day incorporated a chil- Through several projects, the OCBA is dedicat- dren’s contest in conjunction with the state bar’s ed to fostering growth among Oklahoma’s chil- Law Day contest. Children were asked to submit dren. The Voices for Children Committee pro- entries of artwork in differing categories while vides attorneys to act as readers at the Carver four Payne County bar members met and judged Mark Twain Headstart Program. Also, the annual the competition. About 120 entries were received. Holiday Reception held in December provided Local winners from both the county and state mittens, coats and other winter clothing articles contests were honored at the county’s “Honor for the children of the school. The Community Docket” and presented with cash prizes and cer- Services Committee volunteered as Christmas in tificates. Another component of the Honor Docket Wonderland characters for the Children’s Center was the awarding of the R.L. Hert Memorial in Bethany. This committee also plans monthly Scholarship to a Perkins High School student. The parties or events for the residents of the Family scholarship is presented annually to a graduating Junction youth shelter. Additionally, the “E-Men- senior of Payne County. A local Liberty Bell toring Esquire” program will pair attorneys with Award was presented to Sheriff Carl Hiner for his students in the pre-law program at Douglass distinguished service to the legal community. The High School to support and encourage them. Stillwater NewsPress covered the Honor Docket

2850 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 presentation with a story and photos from the event. Locally, an Ask A Lawyer event was put into action first at the Stillwater Public Library and then a phone-a-thon event occurred with the OBA television broadcast. In addition, there was a bowling tournament held on May 15, in which 13 teams participated. The event raised $583 for a local charity. The annual Law Day banquet was held on May 17. Justice Steven Taylor was invited as the keynote speaker and administered a speech about ethical legal behavior and heroes in the legal practice. OUTSTANDING YOUNG LAWYER AWARD Keri Williams, Stillwater Upon graduation from Oklahoma City University School of Law in 2000, Keri Williams promptly became active in the OBA Young Law- yers Division serving as a board member. In 2001 and 2002, Ms. Williams was named Outstanding Director of the YLD, and she received the YLD Committee Chairperson of the Year Award in HICKS EPTON LAW DAY AWARD 2004. Pontotoc County Bar Association Last year, Ms. Williams served as chair of the The Pontotoc County Bar Association utilized a YLD and is said to be one of the most active past new, effective technique for their Law Day activi- chairs. She served as treasurer before becoming ties, which were carried out with the leadership YLD chair. Currently, she is chair of the YLD of Ada lawyer Kaycie Sheppard. Nominating Committee. Pontotoc County Bar kept consistent with the In addition to her YLD involvement, Ms. Wil- “Liberty Under Law: Empowering Youth, Assur- liams has been an asset to the OBA overall, as she ing Democracy” theme. The members traveled to served as the YLD representative on the Board of several schools in the county during the weeks of Governors in 2006 and has been involved in the April 13 to May 11 to speak with junior high stu- OBA Strategic Planning Committee, Awards dents about Law Day, the legal profession, the Committee, Budget Committee and Legal Ethics court structure and educational avenues that Committee. Ms. Williams is currently vice chair- students may take if considering a career in the person of the Member Services Committee. legal field. She has also been active in the Payne County The bar association worked directly with East Bar Association since 2005 and serves as its vice Central University’s Legal Professions Associa- president. She is also involved in the American tion and the Student Activities Center to host a Bar Association, having served as a YLD state Law Day Blood Drive to benefit the Oklahoma representative and an ABA/YLD District Blood Institute. As many as 68 students, attorneys Representative for Oklahoma and Arkansas. and support staff contributed to the success of Ms. Williams is a senior director of gift plan- this event by donating blood. ning for the OSU Foundation in Stillwater. She is The Ada Evening News featured stories and pho- involved with the Junior Service League of Still- tos from both the classroom visits and the blood water, Sunnybrook Christian Church and serves drive. as president of the Stillwater Chi Omega Alumnae Chapter. Law Day events at East Central University also showcased panel discussions on topics such as In the nomination for the OBA award, it was drug court, family law and paralegals. said that “Keri exemplifies the spirit of this award, as she has demonstrated a successful ability to manage and excel in her career, her bar involvement and her community efforts.”

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2851 mer director of the Last Frontier Council of Boy Scouts of America. Described as a consummate professional with the highest integrity and character, Mr. Hill’s achievements in the professional realm as an attorney with McAfee & Taft are just as significant as his achievements in the public realm. In addition to being recognized by his colleagues and numerous professional publications for his career achievements, Mr. Hill also continues to give back by serving as a frequent lecturer at workshops and seminars sponsored by universities and the Oklahoma Bar Association. OUTSTANDING SERVICE TO THE PUBLIC AWARD Frank D. Hill, Oklahoma City Frank Hill’s long, distinguished record of service to the public is nearly as long as his distinguished professional career. He began by serving as a captain in the U.S. Army Judge Advocate General’s Corps shortly after graduating from law school. More than 35 years later, he continues to generously share both his time and skills in ways that have had a lasting impact on our state. One of the enduring examples of Mr. Hill’s commitment to public service is expressed in the countless hours he has devoted to the Oklahoma City National Memorial Foundation. Since 1995, OUTSTANDING SERVICE he has played an ongoing role in the inception, TO THE PUBLIC AWARD construction, development and advancement of Don Shaw, Idabel the memorial. More recently, he served as chairman of the board of trustees of the Oklahoma City Don Shaw, a lawyer known for his generosity National Memorial Foundation during a very and giving nature, has made a great impact in his momentous time in its history. Not only did he community by his endless volunteer work. preside over the National Week of Hope that Mr. Shaw has been a member of the Idabel commemorated the 10th anniversary of the bomb- Chamber of Commerce since 1975 and served as ing, but during his tenure, the memorial trustees the director at one time. He has also been actively and staff also developed and began implementa- involved with the Boy Scouts, Idabel Lions Club, tion of a five-year strategic plan and launched the Gideons and Idabel Mainstreet Project, among Second Decade Campaign to grow the memorial’s many others. He served our country on active permanent endowment, which has since tripled duty in the Air Force during the Vietnam War. He in size. is active in the First Presbyterian Church as an Those who have worked beside Mr. Hill say it ordained deacon, ordained elder, clerk of the ses- is not uncommon for him to go out of his way or sion and Sunday school teacher. put in extra hours for any role he takes on. In Mr. Shaw has done pro bono legal work for the addition to continuing to serve as a trustee of the Idabel Mission Market Inc. and is currently the Memorial Foundation, he also currently serves as chairman of the Oklahoma Blood Institute and trustee and president-elect of the Oklahoma City has personally donated over 13 gallons of blood Museum of Art, trustee of Casady School, presi- to its cause. dent of the Bizzell Library Society of the Univer- sity of Oklahoma, and benefactor fellow and for- Every year, Mr. Shaw participates in local Law mer trustee of the Oklahoma Bar Foundation. He Day activities, including the area Call a Lawyer is also a former trustee of Bone & Joint Hospital radio show. He also speaks at schools and nursing and Episcopal Retirement Community and a for- homes in celebration of Law Day.

2852 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 His nominator said, “It is practically impossible “Mr. Hermes is someone who never seeks or to account all the contributions he has made. If a desires attention for his good deeds, but is one volunteer is ever needed in the community, he is who deserves to be recognized for them,” his always happy to step up to the plate and help in nominator said. any way needed.”

OUTSTANDING OUTSTANDING PRO BONO SERVICE PRO BONO SERVICE Lewis N. Carter, Tulsa John Hermes, Oklahoma City While Lewis Carter has been a partner at the firm of Doerner, Saunders, Daniel & Anderson for John Hermes has been a volunteer with Okla- 21 years, he also has devoted a substantial amount homa Lawyers for Children since the program of his time to pro bono work. started in 1997. He has been a member of the Oklahoma Lawyers for Children Board of Direc- Mr. Carter is conversant in Spanish as a result tors since 1998 ensuring that deserving children of having lived in Paraguay for two years as a receive the highest levels of legal representation Peace Corps volunteer. Early in his career, he saw available by encouraging others to volunteer. In that many people who are at or below the poverty addition, Mr. Hermes has spent hundreds of level were unable to afford an attorney although hours in court due to representing children in in need of legal assistance. As one of the few eight cases during the past 10 years. Spanish-speaking attorneys in Tulsa at the time, Mr. Carter decided to focus his efforts in that area. Mr. Hermes’ career achievements as a trial law- When he first started providing pro bono services yer and the former managing director of McAfee to Spanish-speaking people, he met them in his & Taft have earned him the respect of his col- downtown Tulsa office. He quickly realized that leagues and perennial recognition in noted publi- the people he was trying to help were not familiar cations such as Chambers USA Guide to America’s with downtown Tulsa, and were intimidated by Leading Lawyers for Business, The Best Lawyers in meeting him in the law firm offices. Mr. Carter America and Oklahoma Super Lawyers. established a relationship with social workers at Catholic Charities, a key entity in providing ser- He has also devoted countless hours focusing vices to the Tulsa Hispanic community. This rela- on the legal needs of senior citizens and low- tionship led to the availability of meeting space income Oklahomans through his involvement as for Mr. Carter to work with his pro bono clients. a member of the board of directors of Legal Aid Services of Oklahoma and its predecessor, Legal This clinic has been in existence for approxi- Aid of Western Oklahoma. While serving as its mately 15 years. Throughout this time, Mr. Carter president, Mr. Hermes played an instrumental works at the clinic every other Thursday evening role in negotiating the merger of Legal Aid of and continues until every person has received Western Oklahoma with Legal Aid of Eastern services. In addition to consulting with them, Mr. Oklahoma. Carter frequently handles follow-up work. The legal matters he handles through this representa- Throughout his many accomplishments and tion are diverse, ranging from such things as recognitions, he is most proud of serving as a landlord-tenant disputes, debtor/creditor prob- legal advocate for our state’s youngest and most lems, name changes, real property title problems, vulnerable citizens. and child care and custody issues.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2853 On top of his pro bono work, Mr. Carter has (cont’d from page 2842) served as an adjunct settlement judge for the U.S. District Court for the Northern District of his former students and the bar for his nationally distin- Oklahoma for approximately 10 years. He is guished work as a writer, scholar and teacher. Many words active in various civic and charitable organiza- have been used to describe Dr. Merrill over the years, includ- tions, including Tulsa Global Alliance as past ing brilliant, wise, talented and dedicated. Named in his president. honor is the Golden Quill Award that is given to the author of the best written article published in the Oklahoma Bar Journal. The recipient is selected by the OBA Board of Editors. JOHN E. SHIPP John E. Shipp, an attorney from Idabel, served as 1985 OBA president and became the executive director of the association in 1998. Unfortunately his tenure was cut short when his life was tragically taken that year in a plane crash. Mr. Shipp was known for his integrity, professionalism and high ethical standards. He had served two terms on the OBA Professional Responsibility Commission, serving as chairman for one year, and served two years on the Professional Responsibility Tribunal, serving as chief-master. The OBA’s Award for Ethics bears his name. EARL SNEED Earl Sneed served the University of Oklahoma College of MAURICE MERRILL Law as a distinguished teacher and dean. Mr. Sneed came to GOLDEN QUILL AWARD OU as a faculty member in 1945 and was praised for his enthusiastic teaching ability. When Mr. Sneed was appoint- Karen Youngblood, Lawton ed in 1950 to lead the law school as dean, he was just 37 years old and one of the youngest deans in the nation. After Karen Youngblood receives the Maurice Merrill his retirement from academia in 1965, he played a major role Golden Quill Award for her article titled, “Okla- in fundraising efforts for the law center. The OBA’s Continu- homa’s Material Witness Law: Time for Change,” ing Legal Education Award is named in his honor. which appeared in the April 14, 2007, issue of the Oklahoma Bar Journal. JOE STAMPER Joe Stamper of Antlers retired in 2003 after 68 years of Ms. Youngblood received her bachelor of arts practicing law. He is credited with being a personal motivat- degree in history from the University of Oklaho- ing force behind the creation of OUJI and the Oklahoma ma and following graduation, immediately Civil Uniform Jury Instructions Committee. Mr. Stamper enrolled at the OU law school. Once she com- was also instrumental in creating the position of OBA gen- pleted her law degree from the University of eral counsel to handle attorney discipline. He served on both Oklahoma College of Law in 1975, she went into the ABA and OBA Board of Governors and represented Oklahoma at the ABA House of Delegates for 17 years. His private practice in Lawton and continued until eloquent remarks were legendary, and he is credited with 1987. While in private practice, she concentrated giving Oklahoma a voice and a face at the national level. in the areas of criminal law, family law and pro- The OBA’s Distinguished Service Award is named to honor bate. him. Since then, Ms. Youngblood has served as an ALMA WILSON associate professor in the department of criminal Alma Wilson was the first woman to be appointed as a justice and sociology at Cameron University. She justice to the Supreme Court of Oklahoma in 1982 and served as chair of the department from 1994 to became its first female chief justice in 1995. She first prac- 1997. In 1992, Ms. Youngblood received the Pro- ticed law in Pauls Valley, where she grew up. Her first judi- fessor of the Year Award, and in 2005 she received cial appointment was as special judge sitting in Garvin and Cameron’s highest award, the Hackler Award for McClain Counties, later district judge for Cleveland County and served for six years on the Court of Tax Review. She was Teaching Excellence. She reserves full-time teach- known for her contributions to the educational needs of ing duties and is a participant in Writing Across juveniles and children at risk, and she was a leader in propos- the Curriculum program. ing an alternative school project in Oklahoma City, which is now named the Alma Wilson SeeWorth Academy. The The one activity that Ms. Youngblood is most OBA’s Alma Wilson Award honors a bar member who has proud of is her involvement on the development made a significant contribution to improving the lives of committee and initial board of directors for Oklahoma children. Lawton’s New Directions Shelter for Women and Children.

2854 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 ANNUAL MEETING

OBA Governance 2008 Transitions

2007 President 2008 President Stephen D. Beam, Weatherford J. William Conger, Oklahoma City tephen D. Beam is CU General a sole practitioner counsel and dis- Sin Weatherford. He Otinguished lec- received a B.A. from turer in law; of counsel OSU and a J.D. degree and founder of Hartzog from OU College of Conger Cason & Nev- Law. He is admitted to ille, Oklahoma City; practice before the U. S. OU, B.A., 1967; Louisi- District Court for the ana State University Western District of School of Law, 1967-68; Oklahoma, the U. S. OU College of Law, J. District Court for the D., 1971; member of Northern District of OBA, Oklahoma Coun- Texas, the Fifth Circuit of the U. S. Court of ty Bar Association and ABA; member of OBA Appeals, the Supreme Court of the State of Board of Governors, 2003-2005, vice president Oklahoma and the United States Supreme 2006; recipient, 2004 John E. Shipp Award for Court. He is a member and past president of Ethics; recipient, 2004 President’s Award for the Custer County Bar Association. He has Outstanding Service to the OBA; chair, OBA been a member of the Finance Committee since Task Force on Tort Reform; chair, Bar Center 1997, chair of the Social Committee since 1985, Facilities Committee; vice chairman, Bench and delegate to the OBA Convention in 1990, and Bar Committee (2005); member, Access to 1991, 1996, and 1999. Mr. Beam was 2003 OBA Justice Advisory Committee; member, Work/ vice president. He was a member of the OBA Life Balance Committee; Oklahoma County Board of Governors from 1995 to 1997, and Bar Association past president and former again since 2004. He was a member of the director; former chair of Oklahoma County Bar Board of Editors of the Oklahoma Bar Journal Law Day Committee and Fee Grievance and from 1997 to 2003, and he was a member of the Ethics Committee; former chair of Oklahoma OBA Management Assistance Program from County Bar Legal Aid Fundraising Drive; 1997 to 2002. He was chair of the OBA Solo member of Oklahoma County Bar Task Force and Small Firm Committee from 1999 to 2002 for Work/Life Balance and numerous other and a member of the Planning Committee from county bar committees; trustee and benefactor 2002 to 2006. He was co-chair in 1999, 2001, fellow of Oklahoma Bar Foundation; fellow, 2002 and 2003, and chair in 2000 of the OBA American College of Trial Lawyers; fellow of Convention Task Force. He was a member of American Bar Foundation; master emeritus of the OBA Long-Range Planning Committee in William J. Holloway Jr. Inn of Court; past 1999 and 2004. He was treasurer in 1999, secre- president, past counselor, former member of tary in 2000, chair-elect in 2001, and chair in Executive Committee of William J. Holloway 2002 of the OBA General Practice Section. Jr. American Inn of Court; recipient of Presi- dents Award, 1999; Service Award, 2000; Presi- dents Award, 2001.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2855 2008 Nominees Supreme Court Judicial District Two President-Elect Jerry L. McCombs, Idabel eceived his under- Jon K. Parsley, Guymon graduate degree in English from on K. Parsley is R Central State University a sole practitioner in and his law degree from Guymon, Okla- J Oklahoma City Univer- homa. He received a sity. He has been in the Bachelor’s degree from private practice of law Central State University since 1975. He is cur- in Edmond in 1991. Mr. rently a senior partner Parsley received his Juris in LeForce & McCombs Doctor Degree from the PC, a seven-lawyer firm University of Oklahoma located in Idabel and College of Law. He was founded in 1994. He has admitted to the Oklaho- practiced in many areas of the law, but is now ma Bar Association in engaged primarily in trial work. McCombs’ legal 1994. His practice is very career has included two terms on the Oklahoma general with an emphasis in litigation. He is also Council on Judicial Complaints and service as a admitted to practice before the U.S. District board member on the Oklahoma Bar Foundation. Court for the Western District of Oklahoma. Mr. He is a member of the Oklahoma and Arkansas Parsley was the chairperson of the OBA Young bar associations and is admitted to federal prac- Lawyer’s Division in 2002. He was then elected tice in Oklahoma, Arkansas and Texas. He and as the Governor from District 4 and served on the his wife, Joyce, live in Idabel where McCombs OBA Board of Governors from 2004-2006. Mr. was born and raised. They have two children and Parsley is a member of the American Bar Asso- four grandchildren. ciation, Oklahoma Trial Lawyers Association, and the American Association for Justice. Mr. Parsley is a benefactor fellow of the Oklahoma Supreme Court Bar Foundation. Judicial District Eight Vice President James T. Stuart, Shawnee Michael C. Mordy, Ardmore im Stuart was born on March 18, 1953, ike Mordy in Shawnee. He received his J graduated from Shaw- Mundergraduate nee High School in 1971. degree from the Univer- He earned his business sity of Oklahoma and administration degree earned his J.D. from from Central State Uni- Oklahoma City Univer- versity (now University sity Law School. He has of Central Oklahoma) in practiced civil law in 1975. He entered the TU Ardmore since 1983. He School of Law in fall 1975, is past president of the graduating in 1978 with a Carter County Bar Asso- J.D. He returned to Shaw- ciation and has served nee in 1979 as an associate with the Law Firm of on the OBA Board of Miller, Peters and Diamond, established pre- Governors from 2004-2006. He will serve on the statehood in 1904, and has been a partner of the Oklahoma Bar Foundation Board of Trustees firm ever since, emphasizing his practice in the beginning Jan. 1, 2008. He is married to Christy, areas of real property, probate and trusts, oil and and they have two grown children who live in gas, banking, and commercial law and litigation. Denver and San Francisco. Jim holds an “AV” rating through Martindale- Hubbell Law Directory and his firm has been

2856 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 named to its Bar Register of Preeminent Lawyers. Remains active in Shawnee civic affairs and a Supreme Court number of service organizations: Shawnee Rota- ry Club 1984 president; named a “Paul Harris Judicial District Nine Fellow” by the Rotary Foundation; Shawnee W. Mark Hixson, Yukon Area Y.M.C.A. past president; Shawnee Golf and County Club; Shawnee Educational Foundation; ark Hixson is a Shawnee Economic Development Foundation native Oklaho- and Project Safe (domestic abuse prevention); Mman in private and has served as an officer/board member of practice in Yukon. He the Volunteer Health Clinic of Pottawatomie received his B.A. from County, Shawnee Area Chamber of Commerce, Conception College, Salvation Army, Pottawatomie County Historical Conception, Mo., in 1989 Society, Shawnee Area United Way, Shawnee and his J.D. from the Uni- Habitat for Humanity, Unity Health Foundation, versity of Oklahoma in Youth & Family Resource Center, Shawnee High 1992. He is a Canadian, School Alumni Museum, the Shawnee Commu- Kingfisher and Blaine nity Foundation, the Fleeta Greenwood Founda- County Indigent Defense tion, and the Shawnee Interfaith Hospitality Contractor and the Yukon Network. Jim also served as a board member Juvenile Defender. Mr. and vice-chairman of the City of Shawnee Hous- Hixson was a special judge for Oklahoma City ing Authority. Jim is currently a member of the Municipal Court from 1997 – 2002. He was hon- Oklahoma Baptist University-Shawnee Advisory ored as the OBA Outstanding Young Lawyer in Board, and is a contributing member of the Shaw- 1998. He is a two-time Canadian County Bar nee News-Star Editorial Board. Jim was an Advi- Association President in 1997 and 1998 (1997 sory Director to State Federal Savings and Loan Outstanding County Bar Association); a member Association of Shawnee. One of the original orga- of the OBA House of Delegates, 1996-2002, 2004, nizers of “Leadership Oklahoma,” a statewide 2006-2007; and is a Benefactor Fellow of the Okla- leadership organization, and participated as a homa Bar Foundation. He is a member or has member of its Leadership Class IV. He served as been a member of the Communications Task a director of the OBA/YLD, and is a Fellow of the Force, 2006-2007; Criminal Law Committee, 1997- Oklahoma Bar Foundation. Jim served by 2002, 2002 vice chairman; Rules of Professional Supreme Court appointment on a Temporary Conduct Committee, 1998-2006; Ethics Commit- Panel of the Oklahoma Court of Appeals in 1991. tee, 2003-2005; Strategic Planning Committee, Jim currently serves as a Supreme Court Justice 1999-2001; Litigation Section, 2003 chairman, of the Absentee Shawnee Tribe of Indians. Jim Planner/Moderator Litigation Track CLE, 2003, served as president of the Pottawatomie County 2004; Family Law Section; Criminal Law Section; Bar Association, and has been a multi-term Oklahoma Criminal Defense Lawyers Associa- county delegate to the OBA Annual Meeting. Jim tion; and the U.S. Supreme Court Historical Soci- currently serves on the OBA Awards Committee, ety. Mr. Hixson is a member of St. John Nepo- and is a member of the Oklahoma Bar Journal muk Parish, Yukon, where he is a lector, a Knight Board of Editors. of Columbus and Kindergarten soccer coach for St. John Nepomuk School. He is a member of the First Families of the Twin Territories, Oklahoma Genealogical Society; member of the Oklahoma Historical Society, an instructor for the Canadian County Reserve Officer Training Academy, 1996- current; and sits on the Canadian County Com- munity Sentencing Planning Council, 2004-current. He has appeared in “Who’s Who in Amer- ica,” “Who’s Who in American Law” and “Who’s Who in American Law Schools.” He is a lifetime member of the National Eagle Scout Association. Mr. Hixson has been an Oklahoma High School Mock Trial scoring panelist, 1995-1999, 2001, 2004-2007; Yukon High School Mock Trial team attorney-coach, 2000, 2002; regional finals Judge, National Law School Trial Competition, 2002;

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2857 and a judge for the OU moot court competition, ing from Martindale-Hubbell in 1989 and was 1991, 1995-2001. appointed by the Oklahoma Supreme Court to serve on a lawyer staffed panel of the Oklahoma Supreme Court Court of Appeals in 1993. Elected to American Bar Association Board of Governors in 1993; Judicial District Nine appointed vice-chair Program and Planning Committee in 1995-96; former liaison to Young O. Christopher Meyers II, Lawton Lawyers Division, Standing Committee on the . Christopher Law Library of Congress, Steering Committee on Meyers, born the Unmet Legal Needs of Children, Section of Shawnee, May 6, Legal Education Commission to Assess the Stan- O dards for Accreditation of Law Schools, Standing 1944; Education; Univer- sity of Oklahoma - B.B.A. Committee on Legal Assistants, and Section of (finance and accounting) Urban, State and Local Government Law. 1966; University of Okla- Appointed by Mayor Rodger Randle to five-year homa - J.D. 1969; George- term on the Tulsa Metropolitan Utility Authority town University - L.L.M. and City of Tulsa Utility Board in 1988. These (in taxation) 1972; certi- entities establish rates and make policy for the fied public accountant. water and sewer utilities serving the greater Admitted to practice Tulsa metropolitan area. Board chairperson in before the Oklahoma 1992, also chaired Board Finance and Planning Supreme Court and all other Oklahoma courts; Committees. Elected to OBA Board of Governors U.S. Tax Court, U.S. Court of Claims; U.S. District in 1992, and served as chairperson of Young Courts in Oklahoma, Texas and Arkansas, 10th Lawyers Division. Elected to the ABA House of and 8th U.S. Circuit Courts of Appeal; U.S. Delegates by Tulsa County Bar Association for Supreme Court. Member Comanche County Bar 1997-1998; re-elected for term 1999-2000; and re- Association (president 1980); Oklahoma Bar elected for term 2001-2002; appointed ABA Judi- Association (president Taxation Section 1988); cial Division alternate delegate 2003. Appointed Member Founding Board of Directors of Okla- to ABA Judicial Division Lawyers Conference; homa Bar Professional Liability Insurance Com- chair 2003-2005; past chair of the Judges Net- pany; American Bar Association; Oklahoma Trial work, a nationwide Web-based delivery mecha- Lawyers Association; Oklahoma Society of Certi- nism of programming on public trust and confi- fied Public Accountants. dence in the U.S. system of justice, 2000-2004. Appointed by Gov. David Walters to Oklahoma Task Force on Volunteerism in 1991. Selected to Member-At-Large Hillcrest Healthcare Foundation Board in 1992, Jack L. Brown, Tulsa and served as chair of corporate underwriting committee in 1993-94 and president in 1994-95 of ack Brown is the hir- Associates Program. Appointed to vice-chair ing partner and vice Blue Ribbon Task Force of the OBA in 1997 to Jpresident of Tulsa law develop and implement a mandatory post admis- firm of Jones, Gotcher sion program for new bar admittees. Selected to and Bogan PC with prac- Legal Services of Eastern Oklahoma Inc. Board of tice emphasis in business Directors in 1998 and led merger with Western law and litigation, indi- Oklahoma program in 2001 to create Legal Aid vidual and corporate Services of Oklahoma, with service continuing as trusts, estate planning/ president for 2006; served as past chair of Foun- probate law. In these dation fund-raising committee which success- areas, he has provided fully raised $1 million in a three-year campaign, representation to clients and chair of Long-Range Planning Committee, for over 20 years. He and chair of Budget and Audit Committee; chair also provides clients with Executive Director Search Committee (twice). management of other counsel engaged for com- Received the 2001 Pro Bono Award for devoting plex litigation and specialized matters. Through- significant community service on the Board of out his career as an attorney in private practice, Directors for Legal Services of Eastern Oklaho- he has served in leadership positions in both ser- ma, the Long-Range Planning Committee, the vice to the public and to the legal profession. He Foundation Committee of the Campaign for currently serves as chair of the OBA Bench and Legal Services, and the Joint Committee on Bar Committee through 2007. Received “AV” rat- Consolidation.

2858 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 ANNUAL MEETING

2007 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 ...... Ralph F. Keen II ...... Kathryn René Morton ALFALFA ...... Marcus Andrew Jungman ...... ATOKA ...... Pethi C. Hayes-Gabbard...... Judge. J. Douglas Gabbard II BEAVER ...... Jerry Lee Venable ...... Christopher Todd Trippet BECKHAM ...... Brian Joseph Henderson ...... Thomas R. Pixton BLAINE ...... Daniel G. Webber ...... F. Douglas Shirley BRYAN ...... Payton L. Phelps ...... Don Michael Haggerty II CADDO ...... CANADIAN ...... W. Mark Hixson ...... Sharon Gayle Fore Roger D. Everett ...... Judge Edward C. Cunningham Khristan K. Strubhar ...... Gregory Kyle Parker CARTER ...... Michael Charles Mordy ...... Darryl F. Roberts Judge Thomas S. Walker ...... Mary Elizabeth Clark CHEROKEE ...... Jerry Scott Moore ...... Mackenzie Hamilton Jessie CHOCTAW ...... John Brandon Hill ...... Alan Michael Perry CIMARRON ...... Stanley Ed Manske ...... Judge Ronald L. Kincannon CLEVELAND...... Golda Long ...... Holly Iker Michael Tupper ...... Ben Odom Craig Sutter ...... John H. Sparks Judge Stephen Bonner ...... Amelia Pepper Judge Lori Walkley ...... Tracy Schumacher Peggy Stockwell ...... Blaine Nice Sandee Coogan ...... David Ponder Jan Grant-Johnson...... Blake Virgin Henry Herbst ...... Sara McFall Jan Meadows ...... Cindee Pichot Richard Stevens ...... Richard Wall Gary Rife...... John Graves Robert L. Pendarvis ...... Roger Housley Micheal Salem ...... Debra Loeffelholz Jim Pence ...... Jim Drummond ...... COAL ...... Trae Gray ...... D. Clay Mowdy COMANCHE ...... Dietmar K. Caudle ...... John Daniel Munkacsy Jr. Chandra L. Holmes-Ray ...... Gene Scott Ray Orin Chris Meyers II ...... Charity Dawn Stubblefield COTTON ...... Kathleen Flanagan ...... Michael Charles Flanagan CRAIG...... O.B. Johnston III ...... Kent Ryals CREEK ...... Lauren L. Allison...... Judge Richard A. Woolery Michael Alan Souter ...... Charles D. Watson Jr. CUSTER ...... Donna Lynn Dirickson ...... Debra Annett

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2859 DELAWARE ...... Lee Griffin Eberle ...... Christianna L. Wright DEWEY ...... Judge Rick M. Bozarth ...... Judge Robert William Collier ELLIS ...... Joe Lee Jackson ...... Laurie E. Hays GARFIELD ...... Randy James Long ...... David G. Trojan David C. Henneke...... Bradley A. Gungoll GARVIN ...... Daniel Thomas Sprouse ...... Judge John Alexander Blake GRADY ...... GRANT ...... Judge Jack D. Hammontree Jr...... Harvey Joe Bush GREER ...... HARMON ...... David L. Cummins ...... Judge Winford Mike Warren HARPER ...... Judge G. Wayne Olmstead ...... Murray Marcus Holcomb HASKELL ...... Thomas H. Conklin III ...... HUGHES ...... Robert Leo Irby ...... James Andrew Simms JACKSON ...... John Holman Weigel ...... Judge Carol S. Mollison JEFFERSON ...... William Wayne Eakin ...... James Harley Ivy JOHNSTON ...... Chad Doyle Upton ...... Laura Jane Corbin KAY ...... Christin Paige Lee ...... Todd Rogene Burlie David Ross Bandy ...... Kenneth Wayne Lee KINGFISHER ...... KIOWA ...... Thomas Welborne Talley ...... Anthony George Mitchell LATIMER ...... F. Nils Raunikar ...... Douglas G. Dry LEFLORE ...... Randy H. Lawson ...... S. Stephen Barnes LINCOLN ...... Gregory A. Upton ...... LOGAN ...... Timothy Wayne Green ...... Jeffrey L. Hirzel LOVE ...... Richard A. Cochran Jr...... Paulé Thrift Haggerty MAJOR ...... Judge N. Vinson Barefoot ...... Mitchell Aaron Hallren MARSHALL ...... Judge Richard Allan Miller ...... Jeffrey Scott Landgraf MAYES ...... Sharon Kay Phillips ...... Judge James D. Goodpaster MCCLAIN ...... Bob A. Smith ...... Leland Woodyard Shilling MCCURTAIN...... Judge Michael D. DeBerry ...... Jerry L. McCombs MCINTOSH ...... MURRAY ...... Phil S. Hurst...... Judge John H. Scaggs MUSKOGEE ...... Chad Alexander Locke...... Larry Gene Vickers Jr. Carman D. Rainbolt ...... Ponie Lance McCrary James Richard McClure ...... John C. Williams III NOBLE ...... Sherry Wallace DeBord ...... NOWATA ...... OKFUSKEE ...... OKLAHOMA ...... Charles E. Geister III ...... Tracy Pierce Nester Judge Bryan C. Dixon...... Gary W. Derrick Jim Kirk...... Keith F. Givens Judge Vicki L. Robertson ...... Judge Philippa James Rex Travis ...... Mark A. Clayborne Judge Robert E. Bacharach...... Heidi J. Long Judge Allen J. Welch ...... Robert N. Sheets Judge Kenneth L. Buettner ...... John E. Miley Hugh A. Baysinger ...... Richard A. Riggs Timothy J. Bomhoff...... Stephen A. Coleman John W. Norman ...... Daniel J. Morgan Charles F. Alden III ...... Randall L. Sewell Travis A. Pickens ...... Linda Samuel-Jaha Benjamin J. Butts ...... Jennifer L. Thompson

2860 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Julie E. Bates...... Sheila D. Barnes Michael W. Brewer ...... Celeste T. Johnson Sally B. Gilbert...... K. Nicholle Jones Edwards Kevin D. Gordon ...... Todd Blasdel D. Renee Hildebrant ...... Jim Webb Judge Glenn Jones...... Leslie L. Lynch Larry M. Spears ...... Timothy E. Rhodes Judge Carol Hubbard ...... Amy J. Pierce Judge Timothy D. DeGiusti ...... Ken Felker Laura McConnell-Corbyn ...... Richard L. Rose David W. Kisner ...... Shanda McKenney Judge E. Bay Mitchell III ...... Timothy Henderson George W. Dahnke ...... Debra Charles John Heatly...... Myra P. Kaufman Judge Page Morgan...... Ashley Bowen Murphy M. Courtney Briggs...... Alan Bardell OKMULGEE ...... Lou Ann Moudy ...... Javier Ramirez OSAGE ...... Jesse J. Worten III...... Steven George Venturi OTTAWA ...... Charles W. Chesnut ...... Erik Christopher Johnson PAWNEE ...... Shannan Gwen Tucker ...... PAYNE ...... Keri Gayle Williams ...... Susan Colleen Worthington Cory Thomas Williams ...... James Von Murray Katherine Elder Thomas ...... Jodie Lyn Gage PITTSBURG ...... Michael W. Hogan ...... Brett Daniel Cable PONTOTOC ...... Deresa Carol Gray Clark ...... Jason David Christopher Kaycie Michelle Sheppard ...... T. Walter Newmaster POTTOWATOMIE ..... James T. Stuart ...... Greg Jackson Joe Vorndran ...... John Canavan PUSHMATAHA ...... James Thomas Branam ...... Jacqueline Jo Perrin ROGER MILLS ...... F. Pat Versteeg ...... Newell E Wright Jr. ROGERS ...... Larry Ernest Rahmeier ...... Leslie A. Ellis Kissinger ...... SEMINOLE...... R. Victor Kennemer II...... William Donald Huser SEQUOYAH ...... Kent S. Ghahremani ...... John Thomas Cripps III STEPHENS ...... TEXAS ...... Jon K. Parsley ...... Megan L. Kennedy (Simpson) TILLMAN ...... Bradford Lee Benson ...... Clyde H. Amyx II TULSA...... Robert S. Farris ...... Kurt G. Glassco Ret. Judge David E. Winslow ...... Jack L. Brown Judge Millie Otey ...... Theodore P. Gibson S. Douglas Dodd ...... Vivian C. Hale Larry D. Leonard...... Gregory G. Meier C. Michael Zacharias ...... David M. Thornton Jr. Judge Charles R. Hogshead...... Keith A. Jones Kenneth L. Brune ...... Lori Moon Kastner Williama G. LaSorsa ...... Shelton Benedict B. Darlene Crutchfield ...... Stephen J. Greubel Karen E. Langdon ...... J. Travis Barnett Leonard Pataki...... Barbara J. Eden Ronald N. Ricketts ...... Julie Evans Anne B. Sublett ...... Dwight L. Smith Hugh V. Rineer ...... Mary Katherine Saunders Allen M. Smallwood ...... Blake R. Givens Martha Rupp Carter ...... Molly A. Bircher Mark W. Dixon ...... William E. Farrior James R. Gotwals...... D. Kenyon Williams Jr. Phil Frazier ...... Trisha Linn Archer

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2861 Sharon L. Corbitt ...... Robert P. Coffey Jr. D. Faith Orlowski ...... J. Christopher Davis Patrick O’Connor ...... Chad Christopher Taylor John R. Woodard III ...... John Thomas Hall Robert B. Sartin ...... Chris Camp Renee DeMoss ...... Matthew R. Dowdell Steven Balman ...... Wm. Brad Heckenkemper ...... Ron Main ...... Thomas P. Nally ...... WAGONER ...... Kenneth A. Hicks ...... WASHINGTON ...... WASHITA ...... Christopher S. Kelly ...... Walter Scott Mason III WOODS ...... Larry L. Bays ...... Ronald Wayne Bittle WOODWARD ...... Jean Lea Foard ...... Bryce L. Hodgden

JUDICIAL CONFERENCE DELEGATES ALTERNATES District Judge Judge J. Michael Gassett Judge Richard G. VanDyck Associate District Judge Judge Mickey J. Hadwiger Judge Norman L. Russell

MEMBERS AT LARGE (Past Presidents) William R. Grimm Michael D. Evans Harry A. Woods Jr. Melissa DeLacerda Gary C. Clark Charles D. “Buddy” Neal Jr. M. Joe Crosthwait Jr. Douglas W. Sanders Jr. John A. Gaberino Jr. William J. Baker J. Duke Logan Sidney G. Dunagan Bob W. Rabon Andrew M. Coats R. Forney Sandlin Michael Burrage Anthony M. “Tony” Massad Burck Bailey David K. Petty James R. Eagleton Judge Paul M. Vassar John L. Boyd Leslie L. Conner Jr. William G. Paul C.D. Northcutt Judge Thomas R. Brett Winfrey D. Houston

2862 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 103rd OBA Annual Meeting Sheraton Hotel Oklahoma City Nov. 7-9, 2007

All events will be held at the Sheraton Hotel unless otherwise specified.

———————— ______Board of Bar Examiners .... 8:30 a.m. – Noon TUESDAY, NOVEMBER 6 Frontier ______OBA Registration ...... 4 – 7 p.m. Sheraton Lobby OBA/CLE Seminar ...... 8:30 a.m. – 5 p.m. ______See seminar program for speakers and complete agenda Oklahoma Fellows of the American Bar Criminal Law 19th Century Ballroom Foundation Dinner ...... 6:30 – 9:30 p.m. Family Law 18th Century Ballroom Transactional Law Green Country ———————— Nuts & Bolts Plaza South Ballroom Litigation 20th Century Ballroom WEDNESDAY, NOVEMBER 7 ______

OU College of Law OBA Registration ...... 8 a.m. – 5 p.m. Alumni Reception Mall Pavillion and Luncheon ...... 11:15 a.m. – 1:30 p.m. ______Petroleum Club Dining Room, 34th Floor

OBA Hospitality Area ...... 8 a.m. – 5 p.m. OUTSTANDING SENIOR LAW SCHOOL STUDENT Mall Pavillion AWARD ______Alicia Currin-Moore Art Show Registration ...... 8 – 11 a.m. Room 273, Mall Pavillion TU College of Law ______Alumni Luncheon and Reception ...... 11:30 a.m. – 1:30 p.m. Oklahoma Fellows of Red Carpet the American Bar Foundation ...... 8:30 – 9:30 a.m. OUTSTANDING SENIOR LAW SCHOOL STUDENT Skirvin Hilton Hotel AWARD Misty Watt

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2863 ______

OCU College of Law President’s Reception— Passport Alumni Luncheon ...... Noon – 1:30 p.m. to Wine Country ...... 7 – 9 p.m. Plaza North Ballroom (Free for everyone 19th Century Ballroom with meeting registration) OUTSTANDING SENIOR LAW SCHOOL STUDENT AWARD Join President Stephen Beam in a wine tasting Joshua Brannon event that will capture the atmosphere of the Napa ______Valley. Each attendee receives two drink tickets.

Criminal Law Section Entertainment: Luncheon ...... Noon – 1:30 p.m. The Burton Band, Oklahoma City’s Petroleum Club own jazz group. Devon Room, 35th Floor SPONSOR: Speaker: LEGAL DIRECTORIES PUBLISHING COMPANY INC. ______

Past Presidents’ Dinner ...... 8 – 10 p.m. David Iglesias, Petroleum Club, 36th Floor Albuquerque, NM ______Former U.S. Attorney American Idol – OBA Style ...... 9 – 11 p.m. Plaza North Ballroom Entertainment: Watch fellow OBA members compete for the title of OBA Idol in this Topic: When Justice Loses Its Way entertaining spin off of the hit TV show, ______American Idol. Admission is free.

Board of Governors Meeting ...... 2 – 4 p.m. Featuring: Eskimo Joe’s Road Crew Kiamichi ______———————— Board of Editors ...... 3:30 – 5 p.m. THURSDAY, NOVEMBER 8 Boardroom ______General Practice/Solo & Small Firm Section ...... 8 – 9 a.m. Law Day Committee ...... 5 – 6:30 p.m. Great Plains Great Plains ______Speaker: Jim Calloway, OBA Director of Management Assistance Program, Friends of Bill W...... 5 – 6 p.m. Oklahoma City Frontier Topic: New Programs to Help Make your Practice Run Better – FastCase, CoreVault and the Oklahoma Bar Law Firm Merchant Program ______

American College of Trial Lawyers ...... 8 – 9 a.m. Kiamichi

2864 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 ______

OBA Hospitality Area ...... 8 a.m. – 5 p.m. Estate Planning Probate Mall Pavillion and Trust Section ...... 10 – 11:45 a.m. Red Carpet SPONSOR: BEALE PROFESSIONAL SERVICES ______Rules and By-Laws OBA Registration ...... 8 a.m. – 5 p.m. Committee ...... 10 – 10:30 a.m. Mall Pavillion Boardroom ______Oklahoma Trial OBA Resolutions Lawyers Association ...... 8:30 a.m. – 4 p.m. Committee ...... 10:45 – 11:45 a.m. Cox Center Room 4 Boardroom ______

Family Law Section ...... 8:30 a.m. – 4 p.m. OBA Annual Luncheon Cox Center Room 3 for Members, Spouses and Guests ...... Noon – 1:45 p.m. ______($30 with meeting 19th Century Ballroom registration) Credentials Committee ...... 9 – 9:30 a.m. Boardroom OBA ARTIST OF THE YEAR ______(to be announced at the luncheon) JUDICIAL EXCELLENCE AWARD OBA/CLE Plenary Judge Ray Dean Linder, Alva Session ...... 9 – 11:50 a.m. Judge Sam A. Joyner, Tulsa Plaza North Ballroom LIBERTY BELL AWARD EARL SNEED AWARD Oklahoma Educational Television Authority, Ben Brown, Oklahoma City Oklahoma City

Moderator: Judge Edward Cunningham JOE STAMPER DISTINGUISHED SERVICE AWARD Winfrey Houston, Stillwater Panelists: William Peterson, Pontotoc County district attorney ALMA WILSON AWARD Denny Johnson, Tulsa Mark Barrett, defense attorney GOLDEN GAVEL AWARD Stephen Saloom, policy director OBA Member Services Committee, for the Innocence Project Debra Charles, Chair Dennis Fritz, exonerated by NEIL E. BOGAN PROFESSIONALISM AWARD DNA evidence Judge Bana Roberts, Oklahoma City David Prater, Oklahoma County district attorney JOHN E. SHIPP AWARD FOR ETHICS Sidney G. Dunagan, Oklahoma City Christy Shepherd, cousin of the murder victim PRESIDENT’S AWARDS (to be announced) Chris Ross, Pontotoc County ﬁrst assistant district attorney

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2865 ______Featuring: Bankruptcy and Reorganization Section ...... 2 – 4 p.m. Cox Center 12 ______Ben Stein Actor, Author, Lawyer Law Office Management and Technology Section ...... 2 – 4 p.m. Cox Center 5 ______

OBA/CLE Life to the Fullest: SPONSOR: THOMSON WEST Psychological Resources for Us and Our Clients ...... 3 – 4:15 p.m. Ben Stein Book Signing ...... 1:45 - 2:45 p.m. (OBA Annual Meeting Plaza South Ballroom (Books available for purchase) Kiamichi Registration not required ______for admission)

Professionalism Committee ...... 2 – 3 p.m. Program: Great Plains Practicing from the Shadows: ______Depression and the Legal Profession DVD Presentation Paralegal Committee ...... 2 – 3 p.m. Life and Law: Dealing with Frontier Depression and Addiction; ______A Panel Discussion Council on Judicial Moderator: Complaints ...... 2 – 3 p.m. Clif Gooding, The Gooding Law Hidalgo Firm, P.C., Oklahoma City ______Panelists: MCLE Commission ...... 2 – 3:30 p.m. John Cullen, Specialized Outpatient Boardroom Services, Oklahoma City ______Deborah Gray, LifeFocus Counseling Services, Access to Justice Committee ...... 2 – 4 p.m. Oklahoma City Cherokee ______John McShane, The Law Ofﬁces of John V. McShane, P.C., Dallas Payne County Bar John Albert, Mike Arnett & Association Reception ...... 2 – 4 p.m. Associates, Oklahoma City (Honoring Concierge Lounge, 15th Floor Winfrey Houston Julie Simmons Rivers, Family Law and Keri Williams) Solutions, Oklahoma City ______SPONSOR: LAWYERS HELPING LAWYERS COMMITTEE Real Property Law Section ...... 2 – 4 p.m. Cox Center 10 ______

Oklahoma Criminal Defense Lawyers Association ...... 2 – 4 p.m. Cox Center 11

2866 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 ______

Bench And Bar Committee ...... 3 – 5 p.m. OBA Fun Walk ...... 4 – 5 p.m. Plaza North Ballroom (Cost is $15 ) ______Starting line at the corner of Sheridan and Broadway. Registration taken up until starting Oklahoma Bar Foundation time. No Annual Meeting registration required for Board of Trustees ...... 3:30 – 5:30 p.m. participation. Donations accepted. Green Country Proceeds go to Lawyers Helping Lawyers. ______

Diversity Committee Forum ...... 4 – 5 p.m. Workers’ Compensation Red Carpet Section ...... 4 – 7 p.m. Featuring: Bricktown Brewery ______

Lawyers Helping Alberto Mora Lawyers Committee ...... 4:15 – 5 p.m. Vice President/General Plaza South Counsel, Wal-Mart ______Financial Institutions & Commercial Law Section ...... 4:30 – 5:30 p.m. Kiamichi Speakers: Jimmy Goodman, Partner, ______Crowe & Dunlevy, Oklahoma City Diversity Committee Nancy Robertson, Senior Vice Reception ...... 5 – 6 p.m. President of Franchise Human Red Carpet Resources, Sonic Corp. ______Topic: Do’s and Don’ts on Diversity: Learning the Hard Way Friends of Bill W...... 5 – 6 p.m. ______Frontier ______Legal Intern Committee ...... 4 – 5:30 p.m. Great Plains OBA Law Student Division ....5:30 – 7:30 p.m. Petroleum Club ______Wilcox Room, 35th Floor Taxation Law Section...... 4 – 6 p.m. ______Cox Center Room 9 Pro Bono Reception ...... 5:30 – 7:30 p.m. ______18th Century Ballroom Mineral Law Section ...... 4 – 6 p.m. ______Cox Center Room 8 Oklahoma Bar Foundation Speaker: Bruce Kramer Reception ...... 5:45 – 7:30 p.m. Professor, Texas Tech Hartzog Conger, Cason & Neville Law Firm University College of Law 16th Floor, Bank of Oklahoma Plaza, 201 Robert S. Kerr, Transportation Topic: The Evolving Nature of the Split between Sheraton and BOK Plaza is provided. Estate and Other Developments in Oil and Gas Law

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2867 ______

YLD Board of Directors OBA Delegate Annual Meeting ...... 6:30 – 7:30 p.m. Registration ...... 8 a.m. – Noon Room 322 19th Century Foyer ______

Sweet Sounds of Sinatra ...... 7:30 – 9 p.m. OBA/CLE 2007 Recent (Free for everyone Plaza North Ballroom Developments: An OBA with meeting registration) Annual Convention Sampler ...... 8:30 a.m. – 4:20 p.m. ENTERTAINMENT: Renee Anderson and Todd Clark sing a medley of songs by Plaza South Ballroom Crooner Frank Sinatra ______SPONSOR: COREVAULT Oklahoma Bar Association ______General Assembly ...... 9 – 10 a.m. 19th Century Ballroom Viva Las Vegas Casino Night ...... 9 – 12 p.m. (Free for everyone 19th Century Ballroom TRAILBLAZER AWARD with meeting registration) John Green, Oklahoma City OUTSTANDING COUNTY BAR AWARD ENTERTAINMENT: Elvis will be in the house Carter County Bar Association SPONSOR: OBA YOUNG LAWYERS DIVISION Oklahoma County Bar Association HICKS EPTON LAW DAY AWARD Payne County Bar Association ———————— Pontotoc County Bar Association FRIDAY, NOVEMBER 9 OUTSTANDING YOUNG LAWYER AWARD Keri Williams, Stillwater

President’s Breakfast...... 7:30 – 9 a.m. OUTSTANDING SERVICE TO THE PUBLIC AWARD (Cost will be $20 Plaza North Ballroom Frank D. Hill, Oklahoma City per ticket) Don Shaw, Idabel

Speaker: OUTSTANDING PRO BONO SERVICE Lewis N. Carter, Tulsa John Hermes, Oklahoma City

MAURICE MERRILL GOLDEN QUILL AWARD John Smith, OSU Karen Youngblood, Lawton Head Wrestling Coach, Stillwater ______

WILLIAM G. PAUL OKLAHOMA JUSTICE AWARD (to be announced)

Topic: Being the Best: In Sports and in Life ______

YLD Fellows Breakfast ...... 7:30 – 9 a.m. Kiamichi

2868 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 ______Election of Officers & Members of the General Assembly Board of Governors Speakers: Approval of Title Examination Standards Chief Justice Resolutions James R. Winchester ______Oklahoma Supreme Court Ballot Committee ...... 11 a.m. – Noon Boardroom ______

Environmental Law Section ...... 11:30 a.m. – 2 p.m. Hall, Estill Law Firm Presiding Judge 100 N. Broadway Gary L. Lumpkin Chase Tower, Suite 2900 Oklahoma Court of Criminal Appeals Speaker: Steve Sowers, Oklahoma Energy Resources Board

Topic: Update and Overview of the OERB ______

Oklahoma Fellows of the American College of Trust & Estate Counsel Luncheon Meeting ...... 11:30 a.m. – 1 p.m. Stephen D. Beam Skirvin Hilton Hotel President CLE Program: Contemporary Issues in Estate Planning ...... 1 p.m. – 3 p.m. Skirvin Hilton Hotel ______Immediately following luncheon meeting, a free CLE program will be offered to anyone Indian Law Section ...... 9:30 – 11:30 a.m. interested in estate planning. Green Country ______Health Law Section Oklahoma Bar Association Social Hour ...... 4:30 – 6:30 p.m. House of Delegates ...... 10 a.m. – Noon Program ...... 5:30 – 6:30 p.m. 19th Century Ballroom Dinner ...... 6:30 –7:30 p.m. 18th Century Ballroom

J. William Conger President-Elect, Presiding

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2869 OBA/CLE Annual Meeting 2007 November 7 DAY 1 Family Law Criminal Law Transactional Nuts & Bolts Litigation Law

18th Century 19th Century Green Country Room Plaza South 20th Century Ballrooom Ballrooom Ballroom Ballroom

WEDNESDAY Program Planners/ Program Planners/ Program Planners/ Program Planners/ Program Planners/ Registration Moderators Moderator Moderators Moderators Moderators 8 - 9 a.m. Lynn Worley Ben Brown Guy Jackson LeAnne McGill Renee DeMoss Charlie Sifers

Session 1 The Interplay The Overture: Issues with a Anatomy of a Choreograph 9 - 9:50 a.m. Between Property Handling Juvenile Digital Office Trial: A Dramatic for Success: Liti- Division and Delinquent & Run Through gation Tactics Dos Support Alimony Youthful Offender Jim Calloway and Don’ts Cases J. William Conger David W. Echols Judge Patricia Rene Gish Parrish Ben Brown Valerie Baker Jennifer Chance

Session 2 Handling the Walk the Line: Dim the Lights: Selecting the Best The Grand 10 - 10:50 a.m. Family Law Case Handling a Basic Issues in Entity for Your Finale: How to Involving Military DUI Case Winding Down a Firm or Business Negotiate and Personnel - Law Practice Settle a Case An Update Charles Sifers Gary W. Derrick Jeff Sifers Gina Hendryx Ed Able Bill LaSorsa (ethics)

Session 3 Basic Guardian Putting the Parts Bringing Down Everyday Ethical A Close Up: 11 - 11:50 a.m. Ad Litem: Now Together: Anato- the House: Dilemmas: What Basic HIPAA for that I am Here, my of a Criminal Recent Issues Would You Do? Litigators What Do I Do? Case with Real Estate Titles Gina Hendryx Teresa Burkett Noel Tucker Cheryl Ramsey (ethics) Senator Brian Crain

12-2 p.m. LUNCH (On your own)

Session 4 It Takes a Village: Setting the Stage: Critical Review: Spotlight on Take a Cue: 2 -2:50 p.m. Updated The Anatomy of Top 10 Dos and Persuasion: Electronic Grandparental a Writ and a Don’ts in Probate Writing Briefs Discovery and Rights Law - Criminal Appeal and Guardianship that Win Your Litigation Today The Old and New Practices Case Cindy Danner Magistrate Judge Mark Zannotti Judge Linda Debra McCormick Sam Joyner Morrissey Judge Theresa Dreiling Judge Sheila Condren

2870 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 OBA/CLE Annual Meeting 2007

Family Law Criminal Law Transactional Nuts & Bolts Litigation cont’d Law

Session 5 50 Hot Tips: It’s About Professor Wizard Effective File Handling the 3 - 3:50 p.m. Technology to Timing: and the Magic Management: Talent: Cross- Improve Your Representing Whiffle Dust - From Paper to Examination of Practice Defendants Avoiding an Electronic Expert Witnesses Charged in Accel- Explosion in Systems Panel Discussion erations and Asset Protection Ted Sherwood Revocations Cases Jim Calloway Guy Jackson Kent Bridge

Session 6 All the World is a Fourth Amend- There Aren’t Any Best Practices & Give ‘Em the Ole 4 - 4:50 p.m. Stage: The Family ment Focus: A Small Businesses, Strategies for Razzle Dazzle: Law Ethics Search & Seizure Just Small Interviewing Use of Players Primer Players: Issues in Clients and Technology in the (ethics) Representing a Witnesses Courtroom Jim Hughes Small Business Robin F. Fields Dan Morgan David Petty Don Lovy

4:50 p.m. ADJOURN November 8 DAY TWO

THURSDAY Registration 8 - 9 a.m.

Panel Discussion Featuring: Topic: William Peterson, Pontotoc County district attorney OBA/CLE Isolated Events or Mark Barrett, defense attorney Plenary System Session Failures - A Stephen Saloom, policy director for the Innocence Project Discussion of the Dennis Fritz, exonerated by DNA evidence David Prater, Oklahoma County district attorney 9 - 11:50 a.m. Williamson and Fritz Cases Christy Shepherd, cousin of the murder victim Chris Ross, Pontotoc County ﬁrst assistant district attorney

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2871 2007 Annual Meeting Registration Form

Please complete a separate form for each registrant.

Name ______E-mail ______Badge Name (if different from roster) ______Bar No. ______Address ______City ______State ____ Zip ______Phone ______Name of Non-Attorney Guest______q q Please change my OBA roster information to the information above. Yes No

Check all that apply: q Judiciary q OBF Fellow q OBF Past President q OBA Past President q YLD Offi cer q YLD Board Member q YLD Past President q Board of Bar Examiner q 2007 OBA Award Winner q Delegate q Alternate q County Bar President: County ______q YES! Register me for the 2007 Annual Meeting, November 7, 8 & 9, in Oklahoma City. Events will be held at the Sheraton Hotel. Registration fee includes continental breakfast in hospitality area, President’s Reception ticket(s), The Sweet Sounds of Sinatra, convention gift, Vendors Expo, Art Contest and Viva Las Vegas Casino Night. n MEMBER: q $50 through Oct. 12; $75 after Oct. 12 ...... $ ______n NEW MEMBER (Admitted after Jan. 1, 2007): q Free through Oct. 12; $15 after Oct. 12 ...... $ ______n LAW STUDENT DIV. q $25 through Oct. 12; $35 after Oct. 12 ...... $ ______q I will submit an entry (or entries) in the Art Contest. (Submit art registration form by Oct. 12. Entry fee included in meeting registration.) q I will participate in the OBA Walk that benefi ts Lawyers Helping Lawyers ( ___ tickets @ $10 each) ...... $ ______I will be attending/participating in the following ticketed events in addition to my registration fee for Annual Meeting: q WED. & THURS.: CLE Multitrack ( ___ [0 or 1] ticket @ $150 through Oct.12; $175 after Oct. 12; and Plenary $50 for new members through Oct. 12, $75 after Oct. 12) .... $ ______q THURSDAY & FRIDAY: ( ___ [0 or 1] ticket @ $150 through Oct. 12; $175 after Oct. 12; CLE Plenary and Recent Developments $50 for new members through Oct. 12, $75 after Oct. 12). ... $ ______q WED., THURS. & FRI.: CLE ( ___ [0 or 1] ticket @ $250 through Oct.12; $275 after Oct. 12; $75 for new members through Oct. 12, $100 after Oct. 12) ..... $ ______q THURSDAY: Annual Luncheon ( ___ number of tickets @ $30 each)...... $ ______q FRIDAY: President’s Breakfast ( ___ number of tickets @ $20 each) ...... $ ______q Please check here, if under the Americans with Disabilities Act you require specifi c aids or services during your visit to the OBA Annual Meeting. q Audio q Visual q Mobile (Attach a written description of your needs.) I will be attending the following ticketed events that do NOT require Annual Meeting registration: q WEDNESDAY: Law School Luncheon – (check one) q OCU q OU q TU ( ___ number of tickets @ $30 each) ...... $ ______q THURSDAY: I will attend the Free Mental Health CLE seminar at 3 p.m. TOTAL $ ______

PAYMENT OPTIONS: THREE WAYS TO REGISTER q Check enclosed: Payable to Okla. Bar Association Credit card: q VISA q Mastercard n ON SITE Bring this form with you to the Card #______hotel and register in person. Exp. Date______n FAX this registration form with credit card Authorized Signature information to: (405) 416-7092. ______n ONLINE at www.okbar.org HOTEL ACCOMMODATIONS: CANCELLATION POLICY Fees do not include hotel accommodations. For reservations contact: Sheraton Full refunds will be given through Oct. 26. Hotel at (405) 235-2780. Call by Oct. 15 and mention hotel code: OK BAR No refunds will be issued after deadline. for a special room rate of $89 per night. For hospitality suites, contact Craig Combs at (405) 416-7040 or e-mail: [email protected].

2872 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 2007 OBA FUN REGISTRATIONWALK FORM Grab your walking shoes and join the Oklahoma Bar Association and Lawyers Helping Lawyers Foundation for the first ever OBA Fun Walk during the 103rd Annual Meeting in Downtown Oklahoma City. All participants will receive a gift bag including a free pedometer. You don’t have to be a lawyer to enter the Fun Walk. Everyone is encouraged to participate in this fun and beneficial event. Fun Walk will be held on Thursday, Nov. 8 at 4 p.m. starting at the corner of Sheridan and Broadway at the Sheraton Hotel in downtown OKC. Registration taken up until starting time. Cost: $15 • Not registering for the Annual Meeting? Use this form to sign up. • Attending the Annual Meeting? Use the meeting registration form to sign up. • Not interesting in walking but want to contribute to the LHL Foundation? Use this form. Tax receipts will be provided.

To walk, make your check out to LHL Foundation and mail to: Oklahoma Bar Association P.O. Box 53036 Oklahoma City, OK 73152

Name______OBA Number______Address______City______State______Zip______Phone______Fax______E-Mail______

p I’m ready to walk. p I’m skipping the walking but would like to donate.

Entry fee is non-refundable.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2873 American Idol – OBA Style An Annual Meeting Event Wednesday, Nov. 7, 2007 • 9 – 11 p.m.

• Perform one song to wow celebrity judges • Prizes for first, second & third places • Limited to 15 individuals or groups • Groups must include at least 1 OBA member • Participants provide background music on CD • OBA performers must register for the meeting

Fill out the form below. Mail to: American Idol – OBA Style, OBA, P.O. Box 53036, OKC 73152 Fax to: 405.416.7001 Scan & e-mail to: [email protected]

Name of act: ______

Your Name: ______

OBA #: ______

E-mail address: ______

If group, names of other performers: ______OBA # (if applicable) ______OBA # (if applicable) ______OBA # (if applicable) ______OBA # (if applicable) ______

Questions: E-mail [email protected]

2874 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 ANNUAL MEETING

OBA Annual Meeting on the Web

or information on this year’s Annual Meeting, “All the World’s a Stage,” visit www.okbar.org and click on Annual FMeeting overview. There you’ll find CLE tracks to attend, fun OBA activities to participate in and even register online if you haven’t signed up yet. Up-to-date information is only a few clicks away, so surf over to the OBA homepage and find out what this year’s Annual Meeting has to offer. Bar Business • Board Election • Award Winners • House of Delegates • Resolutions • Title Examination Standards Online Registration • Annual Meeting Registration form • Forms available for American Idol — OBA Style and the OBA Fun Walk Don’t forget: Sign up to attend this year’s luncheon ($30) and stick around afterwards for Events speaker Ben Stein’s book signing. Meeting registration is required for luncheon • Wine Country attendance. • Sounds of Sinatra • President’s Breakfast Sign up online for (featuring OSU wrestling CLE registration. head coach John Smith) To participate in CLE tracks, Annual • Viva Las Vegas Casino Night Meeting registration is required. Registration is not required to attend the Lawyers Helping Lawyers Panel discussion or for participation in the Fun Walk, so lace up those walking shoes!

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2875 BAR NEWS

2008 OBA Board of Governors Vacancies Nominating Petition Deadline was 5 p.m. Friday, Sept. 7, 2007

Vacant positions will be filled at the OBA Annual OFFICERS Meeting Nov. 7 - 9. Terms of the present OBA offi- President-Elect cers and governors listed will terminate Dec. 31, Current: J. William Conger, Oklahoma City 2007. Mr. Conger automatically becomes OBA president Summary of Nominations Rules Jan. 1, 2008 (One-year term: 2008) Not less than 60 days prior to the Annual Meeting, Nominee: Jon K. Parsley, Guymon 25 or more voting members of the OBA within the Supreme Court Judicial District from which the Vice President member of the Board of Governors is to be elected Current: Jack S. Dawson, Oklahoma City that year, shall file with the Executive Director, a (One-year term: 2008) signed petition (which may be in parts) nominating Nominee: Michael C. Mordy, Ardmore a candidate for the office of member of the Board of Governors for and from such Judicial District, or one BOARD OF GOVERNORS or more County Bar Associations within the Judicial District may file a nominating resolution nominating Supreme Court Judicial District Two Current: Michael W. Hogan, McAlester such a candidate. Atoka, Bryan, Choctaw, Haskell, Johnston, Latim- Not less than 60 days prior to the Annual Meeting, er, LeFlore, Marshall, McCurtain, McIntosh, Pitts- 50 or more voting members of the OBA from any or burg, Pushmataha and Sequoyah counties all Judicial Districts shall file with the Executive (Three-year term: 2008-2010) Director, a signed petition nominating a candidate to Nominee: Jerry L. McCombs, Idabel the office of Member-At-Large on the Board of Gov- ernors, or three or more County Bars may file appro- Supreme Court Judicial District Eight priate resolutions nominating a candidate for this Current: R. Victor Kennemer III, Wewoka office. Coal, Hughes, Lincoln, Logan, Noble, Okfuskee, Payne, Pontotoc, Pottawatomie and Not less than 60 days before the opening of the Seminole counties Annual Meeting, 50 or more voting members of the (Three-year term: 2008-2010) Association may file with the Executive Director a Nominee: James T. Stuart, Shawnee signed petition nominating a candidate for the office of President-Elect or Vice President or three or more Supreme Court Judicial District Nine County Bar Associations may file appropriate Current: Dietmar K. Caudle, Lawton resolutions nominating a candidate for the office. Caddo, Canadian, Comanche, Cotton, Greer, Harmon, Jackson, Kiowa and Tillman counties See Article II and Article III of OBA Bylaws for (Three-year term: 2008-2010) complete information regarding offices, positions, nominations and election procedure. Bylaws are Nominees: W. Mark Hixson, Yukon printed in the OBA 2007 Reference Guide (OBJ O. Christopher Meyers II, Lawton Vol. 78, No. 4 January 27, 2007) and election Member-At-Large information appears on pages 251-253. Current: Robert B. Sartin, Tulsa (Three-year term: 2008-2010) Nominee: Jack L. Brown, Tulsa

2876 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 NEW MEMBER BENEFIT

Credit Card Processing for Attorneys

The Oklahoma Bar Association is pleased to tive and can properly process transactions. announce a recently negotiated credit card Call for a no-obligation consultation with our processing program designed specifically for partner Affiniscape Merchant Solutions toll law firms and solo practitioners. A Law Firm free at (866) 376-0950 or visit www.affiniscape. Merchant Account™ is a professional payment com/oklahomabar. solution that correctly handles client funds. This program is not available through normal merchant services or banks; however, it is available through the OBA Member Program. A Law Firm Mer- chant Account is a secure solution that safeguards and sepa- rates client funds into trust and operating accounts — completely avoiding the “I would highly recommend a Law risk of commingling Firm Merchant Account to my col- earned and unearned fees. leagues and other members of the Even better through the OBA Member Pro- Oklahoma Bar Association. Every gram, there are no contract, application or time I call I get a live person on the monthly fees. Plus, you receive cost-saving phone who is helpful and pleasant. I processing rates and a level of personalized don’t have to navigate a complex service not easily found elsewhere. phone tree to speak to a live human. I Opening a Law Firm Merchant Account is appreciate having someone available to easy and helps your practice: answer my questions. I also want to • safeguard and segregate client funds mention that the assistance provided at startup was particularly helpful. My • attract clients and win business personal account manager walked me • improve cash flow and reduce collections. through using the credit card machine and then walked my staff through the The Law Firm Merchant Account is a rele- process. It was easier than I imagined, vant service that helps you manage the business of your practice better. Credit card accep- and the monthly transaction state- tance is a proven marketing method that ments are clear and simple to follow.” attracts clients and helps your firm win new business. It even doubles as a practice man- Cathy M. Christensen agement tool by providing payment flexibility, Oklahoma City guaranteeing timely payment and reducing Board of Governors member firm billing and collection times. If you are considering or already accept credit cards in your practice, we encourage you to confirm that your program is competi-

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2877 BAR NEWS

Committee Invites Review of Proposed Code of Judicial Conduct By Jack L. Brown

In 2005, the American Bar Association Governors for consideration and approval in released its preliminary report from the Joint the summer of 2008. Commission to Evaluate the Model Code of Judicial Conduct. It has been 16 years since the The 2007 code proposes both format and sub- judicial ethics policies set forth in the Code of stantive changes to the 1990 code. Following a Judicial Conduct were subjected to comprehen- format similar to the ABA Model Rules of Pro- sive review. Over that period of time, several fessional Conduct, the 2007 code preserved the developments have occurred that suggested the canons, which state overarching principles of need for reconsideration of the model code. judicial conduct, followed by enforceable black letter rules and comments that provide both As a result of the preliminary report, the aspirational statements and guidance in inter- Bench and Bar Committee established the Okla- preting and applying the rules. The four canons homa Model Code of Judicial Conduct Subcom- and their numbered rules and comments were mittee to study the existing Oklahoma Model reorganized to provide topics under a function- Code of Judicial Conduct and make recommen- al arrangement. Canon 1 addresses the para- dations to bring the Oklahoma Model Code mount obligations of judges to uphold the inde- current. Subcommittee chairs David Swank and pendence, integrity and impartiality of the judi- Cathy M. Christensen led a team of Oklahoma ciary and to avoid impropriety and its appear- judges and lawyers in an in-depth and compre- ance; Canon 2 addresses solely the judge’s pro- hensive examination of Oklahoma’s code. The fessional duties as a judge; Canon 3 addresses final ABA report was issued in February 2007 extrajudicial and personal conduct; and Canon requiring the subcommittee to redress its work 4 addresses the political conduct of judges and on the revised Oklahoma Code of Judicial Con- judicial candidates. duct. Because of the need to utilize all resources of the Bench and Bar Committee to work on Mr. Brown is Bench and Bar Committee chairperson. revisions to the code, the full Bench and Bar Committee took on the task. On www.okbar.org The revised draft code is now Click on the Code of Judicial Conduct link available for viewing and com- ment by OBA members at www. You’ll find: okbar.org. Judges and lawyers are highly encouraged to submit • summary of the committee process comments on the proposed code • link to the current Code of Judicial Conduct online to the Bench and Bar Com- mittee. The deadline for com- • Proposed Code of Conduct for Oklahoma ments is Jan. 31, 2008. In March 2008, the committee will review • ABA Model Code of Judicial Conduct all comments and consider any revisions to the draft proposed • link to list of Bench & Bar Committee members code and issue a final draft in • link for comments that opens to a preaddressed e-mail April 2008. The draft code will be submitted to the OBA Board of

2878 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Appointment to 2008 OBA Committees s attorneys, it is our duty to generate a positive impact on the legal profession, whether it be with our clients or our peers. One way for us to strengthen these efforts is to actively Aparticipate in an Oklahoma Bar Association committee. Volunteering for an OBA committee gives you the opportunity to work with like-minded attorneys and judges from across the state while making measurable progress in our communities and our association. If you are interested in being appointed to a committee, please log onto www.okbar.org and under “Other News,” click “Sign up for a Committee” to select your desired committee. You may also complete the form below and return it to me by Nov. 16, 2007, by mail, fax or e-mail. Please limit your request to three committees. If I am unable to appoint you to a committee which you request, I will save your name for consideration by the 2009 OBA President or appoint you to another committee where there is a need. Your involvement ensures that 2008 will be a productive year for the OBA. I look forward to serving with you.

J. William Conger, President-Elect

–––––––––––––––––––––––––––––––– Standing Committees ––––––––––––––––––––––––––––––––

• Access to Justice • Disaster Response • Lawyers with Physical • Solo and Small Firm • Awards and Relief Challenges Conference Planning • Bar Association Technology • Diversity • Legal Intern • Strategic Planning • Bar Center Facilities • Evidence Code • Legislative Monitoring • Unauthorized Practice • Bench and Bar • Group Insurance • Member Services of Law • Civil Procedure • Law Day • Paralegal • Uniform Laws • Clients’ Security Fund • Law-related Education • Professionalism • Women in Law • Communications • Law Schools • Rules of Professional • Work, Life Balance • Lawyers Helping Lawyers Conduct

Note: No need to sign up again if your current term has not expired. Check 78 OBAJ 298 for terms.

Please Type or Print Name ______Telephone ______Address ______OBA # ______City ______State/Zip______FAX ______E-mail ______

Committee Name Have you ever served If so, when? 1st Choice ______on this committee? How long? q q ______2nd Choice ______Yes No q Yes q No ______3rd Choice ______q Yes q No ______q Please assign me to only one committee. q I am willing to serve on (two or three - circle one) committees. Besides committee work, I am interested in the following area(s): ______Mail: J. William Conger • c/o Oklahoma Bar Association • P.O. Box 53036 • Oklahoma City, OK 73152-3036 • Fax: (405) 416-7001 • E-Mail: [email protected]

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2879 PHOTO HIGHLIGHTS

Custer County Bar Association Hosts OBA Board of Governors

Before the OBA Board of Governors meeting this October, the Custer County Bar Association treated the board to an afternoon of golf and a steak dinner at the Custer County Bar Fall Bar Party.

OBA Governor Donna Dirickson, ▲ OBA President Stephen Beam and Judge Charles L. Goodwin

Scott Mason, Pat Cornell and Dan Jacobsma Phil Fraim, Craig Combs and OBA Governor Bob Farris

OBA Governor Dietmar Caudle, Judge Jerome Holmes and OBA YLD Chair Chris Camp Paul Albert, David Duncan and Judge Gary L. Lumpkin

2880 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2881 FROM THE EXECUTIVE DIRECTOR

It’s as Simple as www.okbar.org By John Morris Williams

It is that time of year our the reporting requirements for attorneys maintaining client soon-to-be-new President Bill OBA members who have their trust accounts to have on file Conger will be making very hours properly recorded. with the Office of the General important committee assign- Most OBA members will Counsel a Trust Account ments. This year it is easier receive an e-mail confirming Overdraft Reporting Agree- than ever to sign up. Just go compliance and need to do ment. Every lawyer maintain- to www.okbar.org, and it’s nothing further. There are ing a client trust account one of the lead stories at the some circumstances that may should become acquainted top of the page. You’ll see a require written reporting; with this change to Rule 1.15. “sign up” link that takes you however, checking your status So this is one more thing you to a very-easy-to-fill-out form. at MyOkBar is a good place to need to read online. A copy of Basically, all you have to do is start. In order for us to give the revised rules is located on put in your OBA number and you the best possible member the OBA Web site. At the make a selection. Your request service, it is essential that we beginning of the year, the will be forwarded to Presi- have your current e-mail OBA hopes to provide a nicely dent-Elect Conger. Signing up address. If you have not been bound copy to every member. for a committee has never receiving the monthly E-News There are enough changes been easier! Hats off to Rick or other electronic communi- that I intend to attend a Loomis and our Information cations from us, there is a CLE on this subject, and I Systems staff for developing good chance that we do not encourage you to do the this new system. have a good e-mail address same. Of course, you can sign for you. It is easy to confirm up for one by going to If you have not registered and change your e-mail www.okbar.org. for the Annual Meeting, you are past the discount period – but you can still sign up. You can go online and sign up for this as well. President Beam In order for us to give you the best possible and his Annual Meeting Task Force have a great meeting member service, it is essential that we have your planned. If you have not reg- current e-mail address. istered yet, get ‘er done. Also, we are approaching Given the amount of that time of year when we address. If you need any assis- resources on our Web site and notify members regarding tance, please call upon the the ever-increasing movement their MCLE status. In order OBA staff. We’ll be glad to to online products and for you to get the confirma- assist you. tion electronically, WE MUST resources, every OBA member HAVE A CURRENT E-MAIL Also, the new Oklahoma should have a current e-mail ADDRESS. You can update Rules of Professional Conduct address. In the not too distant your e-mail address by going go into effect Jan. 1, 2008. One future, electronic filing will online to our Web site and significant change is trust become commonplace in vir- signing into MyOkBar. As you account overdraft reporting. tually every court. We are may recall, we have changed This rule change will require constantly working to make

2882 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 information more readily available and easier to obtain. However, if you have not supplied the OBA with a current Oklahoma Bar Journal e-mail address, it is difficult to Editorial Calendar get this information to you. We endeavor to restrict access to your e-mail address and work hard not to send out 2007 2008 spam or allow your e-mail address to be obtained by n December n January Ethics & Professional Meet Your OBA third parties that send out Responsibility Editor: Carol Manning spam. Editor: Melissa DeLacerda n [email protected] February To simplify your life and Deadline: Aug. 1, 2007 Real Estate Law make things a bit easier when Editor: John Munkacsy it comes to the OBA, it’s as [email protected] Deadline: Oct. 1, 2007 simple as www.okbar.org. Get on there and sign up for n March something today! Pretrial Litigation Editor: Julia Rieman [email protected] Deadline: Jan. 1, 2008 n April Law Day Editor: Carol Manning n May To contact Executive Work/Life Balance Editor: Jim Stuart Director Williams, [email protected] e-mail him at [email protected] Deadline: Jan. 1, 2008 n August Insurance Law Editor: Judge Lori Walkley [email protected] Deadline: May 1, 2008 If you would like n September Bar Convention to write an article Editor: Carol Manning on these topics, n October contact the editor. Guardianship Editor: Stephen Barnes [email protected] Deadline: May 1, 2008 n November Technology/Practice Management Editor: Melissa DeLacerda [email protected] Deadline: Aug. 1, 2008 n December Ethics & Professional Responsibility Editor: Martha Rupp Carter [email protected] Deadline: Aug. 1, 2008

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2883 LAW PRACTICE TIPS

Test Your Legal Technology IQ By Jim Calloway, Director, OBA Management Assistance Program

Every day it becomes a lit- D.) Something you really 4. Which site, product or tle more difficult to be a should try if you haven’t service has nothing to do competent lawyer without tried it already. with digital an underlying understand- photography? ing of certain types of 2. What is metadata? A.) Flickr technology. A.) Hot new reality dating B.) Picasa It is difficult to see how show on the Fox network. C.) JPEG one could serve as a corpo- B.) Proposed name for newly D.) Excel rate general counsel or advi- discovered planet in our sor to business clients with- solar system. out an understanding of the 5. What is OCR used for in C.) Information associated way electronic discovery and the law office? with a document, e-mail such things as litigation or other computer file that A.) Online Court Reporting is freezes and digital document is not readily apparent used when there is no retention policies operate. from looking at the origi- available court reporter You cannot even file docu- nal document but could and there is an urgent ments in federal district contain embarrassing or need. court without knowing how valuable information to e-file. B.) Optical Character Recog- about the creation and nition is the process where Likewise, while many of management of the a software package pro- us are annoyed and frustrat- document. cesses a scanned image of ed by our e-mail (and the D.) A rap group that recently a document to convert it spam that seems to come won the Grammy award. into editable text. along with it), it is hard to C.) Optimal Computer Regis- imagine practicing law with- 3. What is kayak.com? tration is another new reg- out using e-mail at the cur- istration requirement from A.) Contains the most com- rent postal rates. Microsoft to prevent soft- prehensive set of paddling ware piracy. So, just for fun, let’s have a instructions available short quiz about technology online anywhere. D.) Online Client Review impacting the practice of law allows you to check the B.) Excellent travel meta in Oklahoma. See how many creditworthiness of the search engine. you can get without peeking. potential client in advance C.) Hot new software product for a nominal fee. 1. What is Fastcase? for law office manage- A.) New Oklahoma court sys- ment. 6. What does ESI stand for? tem docketing program. D.) Web 2.0 word processing A.) Electric Shorthand Inser- package. B.) Provider of OBA member tion free legal research member benefit. B.) Ethernet Setup Instruc- tions C.) Automatic citation generator package. C.) Electronic Standards of Investigation

2884 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 D.) Electronically Stored can no longer type for and then quickly change Information physical reasons. the subject. D.) First-time fantasy novel by C.) Lie and tell him you have 7. Pick the popular Internet a well-known Oklahoma a blog too, hoping he will discount shopping site lawyer/author. change the subject. from D.) Ask him what legal areas the following: 10. Identify Darik’s Boot his blog covers and what A.) Woot and Nuke: the URL is. B.) Quark A.) Black market military sur- 14. You have a file that has C.) Jabba plus chain featuring a grown to 25 MB in size wide range of items. D.) Klaatu and you need to get it to B.) Powerful digital file dele- co-counsel immediately 8. What is meant by the tion and scrubbing soft- but neither of you can phrase Web 2.0? ware. handle an e-mail attach- ment that large. What’s A.) It is twice as fast as the old C.) Hard drive cleaning package. the best way to deal Web. with this situation? B.) It is the codename for a D.) Social networking site plot by computer manu- catering to those involved A.) Burn the file to a CD facturers to force you to with the legal profession and Federal Express it upgrade your hardware and conflict overnight. sooner than you would resolution. B.) Print it out, fax it to them otherwise need to. and they can darned well 11. Which member of the C.) Totally meaningless phrase retype it if they need to. OBA-NET online thrown around by com- C.) Use YouSendIt.com or one community has dis- puter geeks at cocktail of the other free online pensed so much sage parties to annoy normal large file transfer services. advice there that he has people. been given the online D.) Blame co-counsel for not D.) It means several things, nickname “Plato?” being able to receive a but primarily refers to the large file and call it a day. fact that innovations like A.) John Brewer blogs, social networking B.) Trace Baldwin 15. Your friends all tell you sites, electronic message C.) Mead Hedglon that you need a smart boards, online calendars phone. You don’t really D.) Jim Slayton and other applications understand what they have resulted in much mean, but it is time to more content on the Web 12. Skype is to VoIP as get a new phone and contributed by ordinary A.) Ham is to eggs. you figure you don’t users and more individu- B.) Microsoft Word is to need a dumb phone. alized use of the Web by PowerPoint. You can discretely many. approach this topic by C.) WordPerfect is to word 9. What is Dragon Dictate? processors. A.) Enrolling your new phone in phone college. A.) New Internet-based court D.) Bluetooth is to reporting service. TimeMatters. B.) Posting a query to OBA- NET asking what smart B.) Powerful dragon control 13. A fellow lawyer tells phones the NETTERs like spell from World of these days. Warcraft online you he has a new blog. role-playing game. Your best response is: C.) Buying the cheapest phone you can. They are C.) Speech recognition soft- A.) Telling him that you are sure good medical treat- probably all smart phones ware that is gaining accep- these days anyway. tance for those who are ment can take care of that. poor typists or those who B.) Nod, pretending you know D.) Calling the OBA Manage- what he is talking about, ment Assistance Program,

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2885 figuring that since it is 12-10 Passing. You 2-1 There’s a good part of a privileged under Oklaho- know your stuff. You just billable hour wasted that ma Rules of Professional got a little behind in you’ll never get back again. Conduct 8.3, no one will your reading. ever know. 0 Considering the 9-8 Needs improvement. number of 50-50 questions Scoring You are sustained by knowing on this quiz, it is hard to know 15 Perfect Score. You are the number of people you which is more impressive – the office Alpha Geek, but know who would have your lack of knowledge or you knew that already. scored worse. your incredible bad luck. I’d Computers have been known get someone to back up your to spontaneously repair 7-6 Now, OK, really who hard drive for you quickly. themselves just because you needs to know more about walked into the room. computers than how to use e-mail anyway? 14-13 Not perfect, but Your still a techno-wizard. 5-3 About the most positive spin on this is that you proba- Tech

Non-Microsoft applications Score:

obey your every command. bly met your expectations.

either B or D. or B either 15. C; 14. D; 13. C; 12. C; 11. C; or B either 10. C; 9. D; 8. A; 7. D; 6. B; 5. D; 4. B; 3. C; 2. D; or B either 1. Answers:

                          Before Noon on November 8, 2007 

2886 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 ETHICS PROFESSIONAL RESPONSIBILITY

The Content of our Character By Dan Murdock, OBA General Counsel

Today is a time when those to geographical areas, great guidance in the ethical seeking political office speak although usually the issues arena. Michael Josephson, of “family values,” parents most thought about are those the founder, says that ethics counsel their children about issues that most closely refers to principles that “making good choices” and affect our personal lives. It is define behavior as right, it is often said that we important, however, to good and proper. He says should “do the right thing.” understand some basic defi- that ethics is concerned with These issues are not of recent nitions of the words that are how a moral person should vintage. The ancient Greeks discussed. behave. That statement are always the first to be causes us to consider an idea Although “ethical” and mentioned whenever philo- about what is moral, morals “unethical” are words used sophical theory is discussed. in general and morality. in statements made by many, All have heard of Socrates, Moral is defined as of, per- there needs to be an under- Plato and Aristotle. Socrates taining to or concerned with standing of these terms. is well known in the legal the principles or rules of There can be sports ethics, arena because of his method right conduct or the distinc- political ethics, medical eth- of teaching, the Socratic tion between right and ics and many other subdivi- method, that is now and has wrong. We often use the sions. Generally, ethics is been for many words virtue, charac- years prevalent in ter and values. Many law schools times the definition throughout the is, like beauty, in this United States. Although ‘ethical’ and ‘unethical’ instance, in the mind Plato, a student of of the user. Socrates and a are words used in statements made by The importance of teacher of Aristot- all of this is not that le, is thought to be many, there needs to be an understanding we understand the one of the most words of Socrates, influential philoso- of these terms. Plato, Aristotle and phers on Western the others or that we thought. These can discuss the philosophers can be viewed defined as a major branch of implications of moral philos- as the early pioneers of the philosophy that encompass- ophy at dinner, but that we Western philosophical tradi- es right conduct and good know about appropriate and tion. living. Many think that it is proper conduct, that we try It is not necessary that we an analysis of right and to “make good choices, and study the philosophy of wrong, but it is said that it is try to “do the right thing.” Socrates, Plato and Aristotle significantly broader in Just remember, it is not the or all the others to consider scope. The Josephson Insti- thoughts but the acts that are and understand the ethical tute of Ethics, an organiza- important. issues that are faced today. tion that administers “Char- Nor are these issues confined acter Counts!,” provides

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2887 BOARD OF GOVERNORS ACTIONS

October Meeting Summary The Oklahoma Bar Association Board of Governors met at the General Thomas P. Stafford Museum in Weatherford on Friday, Oct. 19, 2007. REPORT OF THE REPORT OF THE BOARD MEMBER PRESIDENT EXECUTIVE DIRECTOR REPORTS President Beam reported Executive Director Wil- Governor Caudle reported he attended the September liams reported he attended he attended the September board meeting and social meetings of the Family Law board social events and activities in Eufaula, two Section, Bar Center Facilities meeting in Eufaula, Clients’ Custer County Bar Associa- Committee to finalize con- Security Fund Committee tion meetings, Clients’ Secu- tract bids, MCLE Commis- meeting, Professionalism rity Fund meeting, Women sion, Lawyers Helping Law- Committee meeting and in Law Conference, Boiling yers Committee, Budget Comanche County Bar Asso- Springs Institute, Southern Committee and Leadership ciation monthly meeting. He Conference of Bar Presidents Conference Task Force. He coordinated the State Legal meeting in Little Rock, Ark. also attended the budget Referral Service Task Force and new admittees recep- hearing, new admission cere- presentation and recommen- tion. He planned the October monies, swearing in of Judge dations. Governor Chris- board meeting in Weather- Timothy DeGiusti, Southern tensen reported she attended ford. He spoke at the new Conference of Bar Presidents the September board social admittees swearing-in cere- in Arkansas, staff computer with the McIntosh County monies and at the New Law- training and the monthly Bar Association, board meet- yer Experience seminars in staff celebration. He was ing in Eufaula, Bar Center Tulsa and in Oklahoma City. involved in meetings with Facilities Committee meet- DHS Aging Services, LifeFo- ing, OBA Bench and Bar REPORT OF THE cus Counseling to discuss Committee meeting, Oklaho- PRESIDENT-ELECT Lawyers Helping Lawyers ma County Bar Association President-Elect Conger services, OBF officers regard- meeting, OBA Women in reported he chaired the Bar ing a new server for docu- Law Conference and YLD Center Facilities Committee ment scanning, IS Director new lawyer reception at meeting and two Budget Loomis regarding technolo- Mickey Mantle’s in Brick- Committee meetings. He gy for the new Board of Gov- town. She taped a segment attended the Southern Con- ernors meeting room, staff for the weekly TV show ference of Bar Presidents in regarding the Communica- “The Verdict” in which she Little Rock and spoke on a tions Task Force report, an discussed the Women in Law panel at the Women in Law employee policy group, LSD Conference and appeared Conference. Chair Pappy and LSD officer before the Oklahoma Judicial Jodi Cole regarding Annual Conference Executive Com- REPORT OF THE PAST Meeting planning. He also mittee with Jack Brown and PRESIDENT reported he met with a rep- David Swank to discuss the Past President Grimm resentative of the Hanoi Bar proposed Model Code of Ju- reported he attended the Association who was in dicial Conduct. Governor OBA Bar Center Facilities Oklahoma City on a trade Dirickson reported she Committee meeting, Tulsa mission. He said at some attended the September Title and Probate Lawyers point there may be a presen- board social event with the Association meeting and tation and a request to for- McIntosh County Bar Associ- Southern Conference of Bar malize some type of relation- ation, September board Presidents in Little Rock. ship with the association. meeting in Eufaula, Budget

2888 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Committee meetings at the cheon and the task force them to become involved in Oklahoma Bar Center, Law- meeting to create a Uniform the OBA and YLD, tele- yers Helping Lawyers Com- Residential Sales Contract in phoned the 76 newly admit- mittee meeting and the OKC/OREC. Governor ted lawyers from the Tulsa Custer County Bar Associa- Stockwell reported she area and coordinated the tion monthly meeting. attended the September calling of the remaining 220 Governor Farris reported he board dinner and meeting, new admittees from the attended the September Cleveland County Bar Asso- Oklahoma City area and out- board dinner with McIntosh ciation luncheon and the of-state. County Bar Association CCBA Executive Committee members, September board meeting. REPORT OF THE meeting in Eufaula, Tulsa SUPREME COURT REPORT OF THE YOUNG County Bar Association LIAISON LAWYERS DIVISION Community Outreach Com- Justice Taylor reported mittee meeting and TCBA Governor Camp reported Gov. Brad Henry appointed “Lunch Buddy” orientation. the Wills for Heroes program Judge John Reif to the Governor Hermanson is hosting a training session Supreme Court District 1 reported he attended the at the bar center in Oklaho- position previously held by board dinner with McIntosh ma City today and in Tulsa Justice Lavender. He thanked County Bar Association tomorrow. The next will- President Beam and his wife, members, the board meeting signing ceremony will be at Elizabeth, for their hospitali- in Eufaula, two Budget Com- the Fraternal Order of Police ty in hosting the board for mittee meetings in Oklaho- Lodge in downtown Oklaho- breakfast in their home. ma City and ABA General ma City, with an estimated Practice, Solo and Small Firm 60 B 75 police officers attend- LAW STUDENT Division’s fall meeting in ing to have their estate plan- DIVISION LIAISON Philadelphia. At the ABA ning documents prepared by LSD Chair Pappy reported meeting he reported Man- the YLD Wills for Heroes she attended the September agement Assistance Program team. He said YLD leaders Director Calloway was pre- attended the national Wills board meeting and social sented with the section’s Star for Heroes meeting in Char- event in Eufaula, Women in of the Quarter award for co- lotte, NC. He also reported Law Conference and YLD chairing the second annual that Wills for Heroes has new lawyer reception at Solo and Small Firm Confer- been selected as the national Mickey Mantle’s in Brick- ence. Governor Hermanson ABA project. He attended town. She held a division finalized the report and the two OBA Budget Committee executive board meeting, plans for the OBA General meetings, September board and met with Executive Practice, Solo and Small Firm meeting in Eufaula, Septem- Director Williams, Adminis- Section’s Annual Meeting ber OBA/Young Lawyers tration Director Combs and activities and wrote an arti- Division Board of Directors LSD Annual Meeting Coor- cle for Law Trends for the meeting, OBA/YLD Seniors dinator Jodi Cole to coordi- ABA General Practice, Solo Committee planning meet- nate the division’s itinerary and Small Firm Division. ing, OBA Leadership Confer- for the 2007 Annual Meeting. Governor Hogan reported ence Task Force post-confer- She worked with Adminis- he attended the evening ence meeting and Wills for tration Director Combs and events in McIntosh County Heroes planning teleconfer- Jodi Cole to organize a lun- as well as the September ence. He met with OBA/ cheon for division members board meeting and luncheon, YLD Children and the Law at the Petroleum Club, con- in addition to a Pittsburg Committee Chairperson firmed five speakers for LSD County Bar Association Carol King, spoke at each of roundtable sessions, facilitat- meeting. He assisted with the three admission ceremo- ed communication and work planning a CLE for the nies for new attorneys at the product between the YLD November bar meeting in Capitol and hosted a recep- and the law students for par- Pittsburg County. Governor tion and happy hour for ticipation in the elder care Kennemer reported he newly admitted attorneys at law handbook, worked at attended the September Kampai Lounge in Tulsa. In the LSD membership drive board social event and din- addition, Governor Camp table for two weeks, coordi- ner in Eufaula, Seminole/ wrote all 296 lawyers sworn nated and publicized an LSD Hughes counties bar lun- in on Sept. 27 and invited informational meeting with

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2889 Professor Bill Conger as the COMMUNICATIONS ity of a statewide referral guest speaker, and created TASK FORCE service and the research con- several fliers and advertise- RECOMMENDATIONS ducted. He said the ABA recommended a business of ments for the OBA Annual Task Force Chairperson public policy. Board mem- Meeting. Melissa DeLacerda reviewed bers were asked to review the background of the task COMMITTEE LIAISON the report. Task force mem- REPORTS force recommendation to cease publication of tribal ber Faith Orlowski from Governor Dirickson report- materials, mandates and Tulsa explained the financial ed the Lawyers Helping assignments in the Oklahoma aspect of the Tulsa County Lawyers Committee is Bar Journal. The board voted Bar Association operating becoming more active. They to cease publication of the the program on behalf of the want to recruit bar members mandates effective immedi- OBA. TCBA Executive who would serve as spon- ately. The board voted to Director Sandra Cousins sors with the goal to have cease publication of assign- explained the referral pro- sponsors across the state. ments effective immediately. cess that currently exists at The committee will offer a The board rejected the rec- the county bar. The board program at Annual Meeting ommendation to cease pub- tabled action until the that will feature a powerful lishing tribal opinions. Ms. November meeting. video from Texas and a DeLacerda reported the task PROPOSED 2008 speaker from Dallas. force noted from the recent OBA BUDGET bar member survey that a REPORT OF THE majority of members want to President Elect-Conger GENERAL COUNSEL continue receiving printed reviewed several significant changes from last year. General Counsel Murdock court materials and therefore Administration Director shared a status report of the the task force recommends Combs added details. The Professional Responsibility the publication be improved board went into executive Commission and OBA disci- by indexing the court cases, organizing them by subject session. The board approved plinary matters. He reported the proposed budget. he attended a luncheon at material and creating highly Rogers State University in abbreviated summaries. CIVIL PROCEDURE Claremore at which former Placing the index on the RESOLUTION OBA President Tony Massad front cover was also suggested. Discussion followed, and The board recommended received the 2007 Constitu- the civil procedure resolution Day Award. He also staff was asked to submit a report with more details for tion submitted by Oklahoma attended the ABA Commis- the December meeting. The City attorney Ray Vaughn sion on Lawyer Assistance board tabled action. Ms. not be approved when it is Programs conference and DeLacerda stated the month- considered by the House of monthly staff celebration. He ly electronic newsletter Delegates. was a presenter at the New called E-News was created Lawyer Experience CLE RESOLUTION FROM but no policies and no set TAX SECTION seminar in Tulsa. publication schedule exists. BAR CENTER Because a copy of the pro- President-Elect Conger RENOVATIONS posed policy and publication reported Rick Kells with his schedule was not included in law firm has coauthored a President-Elect Bill Conger the board packet, the board proposed resolution recom- reported a meeting was held decided to consider action mending the creation of an with builder Stan Lingo to on this recommendation at independent tax tribunal and negotiate the proposed con- the November meeting. that he was not able to struction contracts. Executive attend this meeting. Ashley STATE LEGAL REFERRAL Director Williams reported Williams, Taxation Law Sec- SERVICE TASK FORCE Nov. 1, 2007, is the deadline tion treasurer and Oklahoma REPORT for abatement to be complet- Tax Commission attorney, ed, and progress is on track In his role as task force said she will represent an to meet that deadline. The chairperson, Governor Cau- opposing view when the res- board approved both con- dle reviewed the task force’s olution is considered by the tracts. mission to study the feasibil- House of Delegates. She

2890 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 reviewed how the commis- explained the Oklahoma CLIENTS’ SECURITY sion operates and why it will County Bar Association cur- FUND APPOINTMENT oppose the resolution. The rently offers this program. The board voted to appoint board voted to recommend She said there would be no Dwight Smith, Tulsa, to the the resolution not be conflict, and referral fees Clients’ Security Fund. approved. would be paid to both associations. The board approved CERTIFICATES OF PROPOSED LAW FIRM entering into an agreement APPRECIATION MERCHANT PROGRAM to offer the program to OBA The board voted to issue MAP Director Jim Callo- members. certificates of appreciation to way, representing the Mem- ELECTION OF FOURTH the Custer County Bar Asso- ber Services Committee, ABA DELEGATE ciation, Elizabeth Beam and reviewed the proposal rec- Deborah Reheard for their ommended by the committee The board voted to desig- hospitality in hosting the to enter into an agreement nate the past president to OBA Board of Governors. with Affiniscape Merchant serve as the fourth ABA del- Solutions to offer OBA mem- egate and approved funding NEXT MEETING bers a credit card service that expenses up to $5,000. members can use in their The board will meet at 2 private practice. Affiniscape p.m. in Oklahoma City on Merchant Solutions CEO Wednesday, Nov. 8, 2007, at Amy Baker shared more the Sheraton Hotel as part of details about the service and the OBA Annual Meeting.

New insurance data match law effective November 1, 2007 New Title 56, Section 237B of the Oklahoma Statutes requires Oklahoma insurers to exchange data with Oklahoma’s child support agency beginning Nov. 1. These matches on personal injury, wrongful death and workers’ compensation claims of $500 or more must be made within 10 days before payment. The Oklahoma Department of Human Services (OKDHS) Child Support Enforcement Division (CSED) provides four options for matching with their database of delinquent child support obligors. Option 1. Participation in the Information Service Offices (ISO) ClaimSearch Child Support Enforcement Agency (CSEA) Reporting Service electronic interface. ISO electronically interfaces to match with Oklahoma’s delinquent child support obligor files listed on the Child Support Lien Network (CSLN) database. Option 2. Registered insurance agents may check claimants on CSLN’s secure Web site to determine if the claimant owes past due child support. Register at www.childsupportliens.com. Click on the ‘Oklahoma’ link and follow the on-line registration instructions. Insurers are sent an e-mail with a user ID and password. Option 3. OKDHS accepts claimant data reporting through a direct File Transfer Protocol (FTP) process. Information also will be posted on the CSLN Web site mentioned above in Option 2. Option 4. Insurers report directly to the Federal Office of Child Support Enforcement using an FTP process. After a match, CSED mails the insurance company a Notice of Lien. Insurers may first deduct attorney fees or health care expenses. The company must then mail the offset to the Oklahoma Centralized Support Registry, P.O. Box 268849, Oklahoma City, OK 73126-8849. Insurers may request the claimant’s SSN and new addresses. If the claimant refuses, the insurer does not have to pay the claimant. Insurers are granted immunity from liability for asking for such data while complying with this law. Insurers are subject to a $10,000 fine and may be liable for the amount of child support that should have been withheld and paid to CSED for each non-compliance occurrence. Contact: Ronald Smith (405) 522-2576 or by e-mail to [email protected]

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2891 BAR FOUNDATION NEWS

A Letter to Young Lawyers Division Members It pays to become a mem- and advocacy programs; Of course, for those of us ber of the OBF Fellows pro- family law and seniors pro- who have been practicing gram early in your law grams; law student scholar- more than three years, we career! In 2003, Oklahoma ships, research and legal clin- have the option of paying Bar Foundation President ics; statewide legal service our pledge to the OBF in Mart Tisdal took steps to add providers serving those who installments of $100 per year a Young Lawyers Division can least afford a lawyer; and for 10 years, which is pocket representative to the OBF many other worthy causes. change of only $8.33 per board to give YLD members OBF helps in the financial month! Because the OBF is a greater voice in the Foun- support of programs that the official 501(c)(3) charita- dation. Since November directly affect individuals ble arm of your organized 2005, I have had the pleasure and communities across bar association, your contri- of serving as your YLD rep- Oklahoma, and as a direct butions may be tax deduct- resentative to the Oklahoma result, brings great credit ible! In appreciation of your Bar Foundation. As a mem- upon our profession. becoming a Fellow and help- ber in good standing of the How to become a Fellow ing the community and your Oklahoma Bar Association, profession, you will be pre- you are automatically a Especially for young sented a beautiful, unique member of the OBF. There is lawyers, there’s not a better another important avenue for time to join the OBF than “Lady of Justice OBF Fellow your lawyer participation in right now! Past OBF Presi- Plaque.” This plaque demon- the OBF, the Fellows Pro- dent Jimmy Goodman took strates to clients and others gram. Now, I am extending steps to create a reduced giv- that you and your profession you an invitation to join the ing category for our newest give something back to the Fellows Program and help members of the OBA. First- community that is needed further our efforts. year lawyers who pledge to and greatly appreciated. become OBF Fellows on or What we do before Jan. 2 of the year Founded in 1949, the OBF immediately following their is the third-oldest state bar admission may pay only foundation in the United $25 per year for two years, States, an achievement that then only $50 for three all Oklahoma attorneys can years, and then at least $100 be proud of. Throughout the per year thereafter until the state of Oklahoma wherever $1,000 pledge is fulfilled. there are programs in our Lawyers admitted three communities helping people, years or less at the time of you will find the OBF doing their pledge may pay only its work. Since 1986 OBF has $50 per year for four years Become an OBF Fellow early awarded more than $7 mil- and then at least $100 per in your law career — lion to programs such as year thereafter until the something nice for your wall, High School Mock Trial and $1,000 pledge is fulfilled. other school Law-related New lawyers should not something impressive for Education programs in pass up this opportunity! your resume and something grades K through 12; chil- that helps your community! dren’s pro bono legal service

2892 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 More details are located at www.okbar.org/obf see OBF Fellows Program or contact the office at (405) 416-7070 or by e-mail at foundation @okbar.org. Become a part of OBF and the work being done on behalf of all Oklahoma lawyers. Become a Fellow today! Gifts are used to carry out the ongoing mission of “… Advancing education, citizenship and justice for all.”

Sincerely,

Congratulations to some of the newest YLD OBF Fellow members and their Fellow parents at the OBA Admission Ceremony – new Fellow Daniel Gill Couch and Brett D. Cable Fellow parent Hon. Valerie K. Couch, Oklahoma City; Fellow parent William E. Young Lawyers Division Gaddis and new Fellow Clayton T. Gaddis, Tulsa; new Fellow Meredith Blake Curnutte Stanton and parent Fellow Mark W. Curnutte, Vinita; and new Fellow Representative to the Lauren Elizabeth Barghols and parent Fellow Steve Barghols, Oklahoma City. Oklahoma Bar Other new YLD Fellows not pictured here include Cesar Adalberto Armenta, Foundation Board Oklahoma City; Regan Strickland Bealty, Oklahoma City; Dan Carsey, Tulsa; Ben S. Chapman, Wagoner; David A. Elder, Oklahoma City; Ashley P. Fulk, Oklahoma City; Tynan Grayson, Edmond; Carla Hart, Bartlesville; Mark B. Houts, Midwest City; Lowell Glenn Howe, Muskogee; Lee E. Jeffries, Edmond; Michael D. Johnson, Norman; Jennifer Jones, Oklahoma City; R. Sam Kerr IV, Oklahoma City; A. Seth Killman, Oklahoma City; Lincoln McElroy, Oklahoma City; Deidre O’Donnell, Oklahoma City; Lora Smart Rixham, Tulsa; Kendra M. Robben, Oklahoma City; D. Daryl Romano, Tulsa; Tom R. Russell, Edmond; Alix Lormand Samara, Okla- homa City; David A. Shipley, Oklahoma City; Kent Siegrist, Norman; Carol E. Sorensen, Oklahoma City; Richard J. Vreeland, Oklahoma City and Rick Warren, Oklahoma City.

All the world is a stage… Get in the act — VISIT THE OBF HOSPITALITY SUITE Suite Number 1215 – Downtown OKC Sheraton Hotel Wednesday, November 7 – 5:30 to 7:30 pm and 8:30 to 10:00 pm Thursday, November 8 – 8:30 to 11:30 pm

Meet new friends! • Greet old friends! Fun • Food & Drink • Fellowship In conjunction with the OBA Annual Meeting

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2893 ACCESS TO JUSTICE

Juvenile Court Diversion Programs Cleveland County District Court By Judge Janet Foss

No one likes seeing a teen- classes are set up in an edu- cases that could be brought aged child being removed cational group format and into the Cleveland County from the custody of parents last from three to six weeks. District Court. and placed in a secured set- The participation of a The City of Moore admin- ting for an indeterminate parent(s) is required. Topic isters the Countywide Com- amount of time. This is an areas covered, but not munity Service Program, option reserved for those limited to, are substance which not only provides ser- juveniles that are classified abuse, making choices and vices to the Moore Municipal as serious and habitual relationships. Court but takes referrals offenders. What about from J.S.U. for any juve- those committing mis- nile in the county. These demeanor-level juveniles are supervised offenses and felony- by City of Moore level property employees and perform offenses? tasks ranging from trash We are fortunate in pick up, mowing to Cleveland County to painting. The communi- have diversion pro- ty service being provid- grams available to ed by these juveniles deflect these youths may be the result of a away from district deferred prosecution court involvement. agreement in either the The First Offender municipal or county Program is offered at prosecutor’s office as the Crossroads Youth well as a condition of and Family Center in Nor- The City of Norman and probation in either city or man and the Positive Ado- City of Moore both have state court. The Cleveland lescent Survivor Skills Pro- municipal juvenile courts County District Court is gram is available at the that handle truancy, status extremely appreciative of Moore Youth and Family offenses (i.e. runaways, cur- this program as these juve- Center. Both programs take few violations), traffic viola- niles maintain the grounds referrals from the Juvenile tions and misdemeanor com- of the Alan J. Couch Juvenile Service Unit of the Office of plaints (i.e., petty larceny). Center in Norman and do a Juvenile Affairs. These Both municipalities have wonderful job. offenders can be status developed their own contin- Another valuable diversion offenders, such as truants uum of services to hold these program in Cleveland Coun- and runaways as well as juveniles accountable for ty is the Juvenile Interven- first-time offenders commit- their actions. The availability tion Center (J.I.C.). This facil- ting felony-level offenses of these courts sufficiently ity is manned 24 hours a day, which are nonviolent. The reduces the volume of minor seven days a week. Juveniles

2894 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 picked up by law enforce- Court. However, there are Attorneys interested in pro ment anywhere in the county families who do not meet the bono service, not just in the at any time can be delivered indigency requirements yet context mentioned above but to J.I.C. for a maximum of do not have the wherewithal in other areas of practice as 24-hour detention. The staff to hire private counsel. Par- well, should be aware that at J.I.C. will do an assess- ents should be represented the three law schools in the ment to determine the risk when the disposition of the state are either in the process level of the juvenile to either juvenile involves removal of of establishing or have pro self or others if released. If physical custody from the bono programs which will release is not recommended, parents and placement out of provide law students to the juvenile will be detained the home. There should be a assist attorneys in their rep- at the Cleveland County meaningful process to deter- resentation of these clients. Juvenile Regional Detention mine the existence of less For more information about Center after screening by restrictive alternatives to the University of Oklahoma J.S.U. or transported to a divert juveniles from institu- program, Students for Access mental health facility for tional placements. This void to Justice, see http://adams. possible civil commitment. could be filled by attorneys law.ou.edu/satj/ or contact The majority of juveniles willing to provide pro bono Professor Judith Maute at placed in J.I.C. are released representation to these par- [email protected]. Oklahoma to their parents with either a ents who instead rely upon City University and Tulsa municipal court citation or the juvenile’s court appoint- University also have pro submission of a police report ed counsel to raise objections bono programs that link stu- to J.S.U. for intake, who in or provide alternative dispo- dents with volunteer attor- turn will either recommend a sitional plans. Unfortunately, neys. For TU, contact Jenni- diversion program or filing the OIDS attorneys are often fer Flexner at jennifer- of a district court petition by overextended in meeting [email protected], and for the district attorney. their obligations to the mul- OCU, contact Laurie Jones at titude of clients they repre- [email protected]. Once a petition is filed, the sent and can be complaisant need for legal representation Judge Foss is a Cleveland in accepting the recommen- becomes an issue. The Okla- County special district judge dations of J.S.U. as the only homa Indigent Defense Sys- assigned to the juvenile delin- options available to tem represents the majority quency caseload. rehabilitate. of juveniles involved in the Cleveland County District

Assistant City Attorney III Litigation Requirements: Juris Doctorate from an accredited law school and 3 years experience in the practice of law, including one (1) year trial and appellate experience. * Experience in litigation involving municipal issues, employment law, construction disputes; civil rights actions and/or administrative and bid protest proceedings a plus. Considerable knowledge of municipal, state, federal, and constitutional provisions affecting municipal operations, including but not limited to elections law, Fair Labor Standards Act and other personnel, employment and labor law. Requires some travel and is subject to 40+ hours per week. Must have valid License to practice in Oklahoma. To view the complete job description and apply online, visit: www.cityoftulsa.jobs EOE

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2895 YOUNG LAWYERS DIVISION

YLD BOARD MEMBERS service programs at a local ATTEND NATIONAL level. CONFERENCE WILLS FOR The conference got started HEROES UPDATE OBA/YLD Directors Rick on Thursday evening with a Hello all! After months of Rose, Lindsey Andrews and welcome reception hosted by preparation, I am exuberant to Doris Gruntmeir attended local law firms. Kicking update you with details about the the American Bar Associa- things off on Friday morning YLD’s planning and implementation Young Lawyers Division was guest speaker Brian tion of the “Wills for Heroes” Fall Conference in Charlotte, Parsley, certified professional program in Oklahoma. Our N.C., for three days begin- templates and other written N.C., for three days begin- behavior analyst, who pro- materials have been prepared, ning on Oct. 4. ABA/YLD vided an entertaining and and two waves of volunteers have national conferences facili- informative discussion on been trained. In August, using tate networking among and effectively communicating laptop computers and printers between affiliate young law- with non-lawyers. The day donated by Gable & Gotwals, the yer organizations, offer a YLD completed its first will-signing continued with excellent ceremony in Yukon with great variety of CLE and profes- CLE programming, as well reviews from the participating sional development pro- as a highly-attended session firefighters and their families. gramming, and provide par- on financial planning for On Oct. 23, with the inaugural ticipants with countless ideas young lawyers. That eve- event under its belt, the YLD and resources regarding the ning, conference attendees hosted its second will-signing development and implemen- were treated to a dinner and ceremony, this time for the mem- tation of public and member reception at Lowe’s Motor bers of the Fraternal Order of Police Lodge in downtown Okla- homa City. The F.O.P. was extremely excited, having dedicated its October meeting solely to the Wills for Heroes program. If you want to get involved, we ask that you be trained as a volunteer, due to the specific issues that we address during the training session regarding police, firefighters and other first responders. Upcoming training sessions will be announced in the Oklaho- ma Bar Journal in the YLD news. If you have any questions, feel free to contact me at landrews @coxinet.net. I thank you for your support as this amazing project gets off the ground. OBA/YLD Directors Lindsey Andrews, Rick Rose and Doris Gruntmeir visit Lindsey W. Andrews Lowe’s Motor Speedway during the YLD Wills for Heroes Project Coordinator ABA/YLD Fall Conference.

2896 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 Speedway. The evening’s held a reception in the Capi- remain in place for a limited entertainment afforded tol Rotunda for the new amount of time. Volunteers attendees the opportunity to admittees and their families are still encouraged to sign test their pit-crew and racing and friends in attendance. up. Through the generous skills through simulated assistance of the OBA staff, The YLD hosted a less for- activities. calls are fielded through the mal reception and happy General Counsel’s office The educational portion of hour in the private loft of and referred to volunteer the conference got up and Kampai Lounge, located in attorneys. running again early Saturday Tulsa’s Brookside district, on morning with the Young Bar Oct. 4. A second reception Many thanks to those who Leader Summit. At the sum- was held the following have already volunteered mit, state, local and specialty Wednesday at Mickey Man- their time and services: young lawyer organization tle’s in the Bricktown area of Gabriel Bass, Henry Herbst, leaders were provided with Oklahoma City. Over drinks Paul Choate, John H. Graves, public service and leadership and hors d’oeuvres, Camp, Jason Alan Soper, Jamie training, and were afforded YLD Chair-Elect Kimberly Beller, Justin Stout, Jennifer the opportunity to discuss Warren, Treasurer Rick Rose Jackson, Lu Ann Stout, Mer- concerns, which ranged from and Directors John Truskett, rilyn Livermon, Mary membership and structure to Roy Tucker, Joe Vorndran Brown-Boren, Bryan E. Stan- project funding. and Dan Zemke welcomed ton, Mia Vahlberg, Heather the new admittees and dis- Hendricks, Michael P. Kelly, Directors Rose and tributed information regard- Chad Taylor, Monty Delluo- Andrews attended the con- ing the YLD’s 10 public ser- mo, Casey Delaney, Timothy ference with an eye on the vice and eight member ser- E. Mills, Rick Healy and 2008 ABA/YLD Public Ser- vice committees. Also in Mitzy Fryer. Also, the OBA/ vice Project, Wills for Heroes, attendance were OBA Presi- YLD appreciates the efforts which the OBA/YLD had dent Stephen Beam, Vice of Dana Shelburne, who is itself implemented this past President Jack Dawson and responsible for answering January. In addition to her OBA board member Cathy the hotline, maintaining the role as one of the OBA dele- Christensen. Thanks to volunteer list and providing gates to the Fall Conference, everyone who turned out to statistical reports for the Director Gruntmeir carried honor our new admittees. ABA/YLD District Repre- out her responsibilities as the Very special thanks go to sentative. As a result of these ABA/YLD District Repre- Sarah Barry and John Weav- volunteers’ efforts, individu- sentative for Oklahoma and er for coordinating the well- als in disaster declaration Arkansas. attended events. counties are receiving RECEPTIONS HONOR much-needed volunteer legal DISASTER LEGAL NEW BAR MEMBERS services from lawyers ASSISTANCE CONTINUES throughout the state. On Sept. 27, 302 new As the residents in a attorneys were sworn in over If you are able to volunteer majority of counties in the three separate ceremonies your services, please send state continue to recover conducted at the House of your name and contact from weather- related disas- Representatives chamber at information to Dana ters, the OBA/YLD contin- the State Capitol. Following Shelburne at danas@okbar. ues to provide volunteer opening remarks by Chief org or (405) 416-7007 in the legal services. There have Justice James R. Winchester OBA’s Office of General been two disaster declara- and OBA President Stephen Counsel. The OBA will main- tions since July 2007 for Beam, OBA/YLD Chairper- tain a list of volunteers and which residents are eligible son Christopher Camp brief- will refer individuals to vol- for disaster legal services ly spoke, urging honorees to unteer attorneys as calls are under a FEMA program. become active in the YLD received. and other OBA committees The toll-free hotline for and sections. Immediately individuals who need assis- after each of the three swear- tance has yielded dozens of ing-in ceremonies, the YLD requests already and will

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2897 OBA/CLE and the OBA Estate Planning, Probate, and Trust Section

Advanced Estate Planning: 2007

Oklahoma City DATE & November 30, 2007 LOCATION: Oklahoma Bar Center 1901 N. Lincoln Blvd.

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

TUITION: $150 for OBA Estate Planning, Probate and Trust Section members and $175 for non-OBA Estate Planning, Probate & Trust Section members for early-bird registrations received with payment at least four full business days prior to the seminar date; $175 for OBA Estate Planning, Probate and Trust Section members; $200 non-OBA Estate Planning, Probate & Trust Section members registrations received within four full business days of the seminar date. $20 to join section. No discounts. Register online at www.okbar.org/cle.

Program Planner/Moderator LeAnn P. Drummond, Attorney at Law, Stillwater

A.M. Program

Speaker: Michael V. Bourland, Bourland, Wall &Wenzel, P.C., Ft. Worth

8:30 a.m. Registration and Continental Breakfast

9:00 Family Business Succession Planning for Family Business Owners and Their Families This presentation offers a review of planning and implementation/documentation of various options to pass on the family business. The discussion covers effective use of the family business mission statement, non-competition agreements, entity choices, IRC 355 actions, employment agreements (including non-family employee deferred benefit agreements), and the ethical issues facing the lawyer who works with the family in the succession process. (.5 hours of ethics) (includes 15-minute break)

11:45 Lunch sponsored by

P.M. Program

Speaker: Darin N. Digby, Schoenbaum, Curphy & Scanlan, P.C., San Antonio

1:00 Transfer Planning: What Are You Waiting For...Estate Tax Repeal? Discussion and analysis of lifetime estate planning transfers with an emphasis on transfers of property over which the donor wishes to maintain some control. Points to consider in designing donor-trusteed irrevocable trusts. Practical planning ideas for removing appreciation from donor's estate through the use of GRATs and Intentionally Defective Grantor Trusts. (.5 hours of ethics) (includes 15-minute break)

3:45 Adjourn Full Name______Advanced Estate Planning Firm ______Address ______Oklahoma City November 30, 2007 City ______State ______Zip______Phone ( ) ______E - Mail ______G$150 members of OBA Advanced Estate Planning, Probate & Trust Section Are you a Member of OBA?  Yes  No OBA Bar#______Make Check payable to the Oklahoma Bar Association and mail entire page G $175 for non members of OBA Estate to: CLE REGISTRAR, P.O. Box 960063 Oklahoma City, OK 73196-0063 Planning, Probate & Trust Section For  Visa or  Master Card Fax (405) 416-7088 Phone •(405) 416-7006 or Mail G$20 2008 OBA Estate Planning, Probate, Credit Card# Exp.date______& Trust Section Dues Authorized Signature

2898 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 November Calendar

7-9 OBA 103rd Annual Meeting; Sheraton Hotel, 19 OBA Alternative Dispute Resolution Section One North Broadway, Oklahoma City Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: 8 OBA Board of Governors Meeting; Sheraton Larry Yadon (918) 595-6607 Hotel, One North Broadway, Oklahoma City; Contact: John Morris Williams (405) 416-7000 22-23 Thanksgiving Holiday (State Holiday) OBF Board of Trustees Meeting; Sheraton OBA Clients’ Security Fund Committee Hotel, One North Broadway, Oklahoma City; 28 Meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma Contact: Nancy Norsworthy (405) 416-7070 City and Tulsa County Bar Center, Tulsa; Contact: 12 Veteran’s Day (State Holiday) Micheal Salem (405) 366-1234 14 Ginsburg Inn of Court; 5 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Julie Bates (405) 691-5080 16 Statehood Day (State Holiday)

December

4 OBA Bar Center Facilities 12 State Legal Referral Service Committee Meeting; 9 a.m.; Task Force Meeting; 1 p.m.; January Oklahoma Bar Center, Oklahoma Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, City and Tulsa County Bar Center, 1 New Year’s Day Tulsa; Contact: Bill Conger Tulsa; Contact: Dietmar Caudle (State Holiday) (405) 521-5845 (580) 248-0202 11 OBA Family Law 6 OBA Legal Intern Committee 14 OBA Family Law Section Section Meeting; Meeting; 3:30 p.m.; Oklahoma Meeting; 3 p.m.; Oklahoma Bar 3 p.m.; Oklahoma Bar Bar Center, Oklahoma City; Center, Oklahoma City and OSU Center, Oklahoma City Contact: H. Terrell Monks Tulsa; Contact: Donelle Ratheal and OSU Tulsa; Contact: (405) 733-8686 (405) 842-6342 Donelle Ratheal OBA Board of Governors (405) 842-6342 Meeting; Oklahoma Bar Center, Ginsburg Inn of Court; Oklahoma City ; Contact: John 16 5 p.m.; Oklahoma Bar Morris Williams (405) 416-7000 Center, Oklahoma City; 25 Christmas Day (State Holiday) Contact: Julie Bates (405) 691-5080 21 Martin Luther King Jr. Day (State Holiday)

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

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2899 DNA Paternity Testing Refer your patients to the DNA Laboratory more Doctors trust: The Edmond Sun , can be your source for legal publishing in Oklahoma County. DNA We offer fast, accurate, dependable service An afﬁliate of Genetica DNA Laboratories, Inc. and competitive pricing. Affidavits will be issued to each lawyer as well as the copy(s) we file with the courthouse or Corporation 405-680-0681 Commission. • Results >99.9% • E-mail documents preferred. • We accept: pdf, tiff, JPEG, Word, • 48-hour standard results WordPerfect, Rich Text, Adobe, or • NEXT DAY RESULTS Available copy and paste documents. • Laboratory is accredited by NAABB, • Published Sunday through Friday. CAP, NYSDOH, NFSTC, and (FQS-I, ISO/IEC 17025). Call or email for more information. • AABB TESTING FOR IMMIGRATION

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2900 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 FOR YOUR INFORMATION

TU Names Interim Law Dean

John Reif Appointed to The University of Tulsa has named law Supreme Court professor Janet Koven Levit interim dean of the TU College of Law. Justice John Reif of Skiatook has been selected by Gov. Brad Henry as the “Janet Levit’s academic credentials are newest justice on the Oklahoma Supreme impeccable, and she emerged as the clear Court. Justice Reif was sworn in on Oct. choice as the candidate whose vision for 22, but a formal swearing in will take the law school was in alignment with the place later this month. He fills the university’s strategic plan for raising the vacancy created by the recent retirement national reputation of the law school,” of Justice Robert Lavender, who served said TU President Steadman Upham. on the court 42 years, longer than any Ms. Levit is a widely recognized scholar in other justice in Oklahoma history. the areas of international law, international Justice Reif has served in the state commercial law, international human judiciary for 26 years, most recently as a rights, contracts and administrative law. member of the Oklahoma Court of Civil She first served as a visiting assistant Appeals in Tulsa, where he spent the last professor at TU from 1995 to 1997. She 23 years. He has also served as a special later joined the TU law faculty as an district judge and an assistant district assistant professor in 2002, was named an attorney in Tulsa County. associate professor in 2003, and a professor of law in 2006. She became a tenured One of the issues he plans to talk with faculty member at TU in 2004. the justices about is reviving oral arguments, a practice that was mostly The law school dean position has been discontinued to give the court more time vacant since June 30 when Robert Butkin to decide cases, he said. stepped down from the position. Mr. Butkin remains a tenured professor of law at TU.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2901 OBA Member Reinstatements The following members of the OBA suspended for nonpayment of dues have complied with the requirements for rein state ment, and notice is hereby given of such reinstate ments: Robert Allen Benningfield OBA No. 716 PO Box 490 Catoosa, OK 74015 Maurice Sandlin Grimm OBA No. 17288 5050 Edgewood Court Jacksonville, FL 32254 The following members of the OBA suspended for noncompliance with the Rules for Man- datory Continuing Legal Education have complied with the requirements for rein state ment, and notice is hereby given of such reinstate ments: Robert Allen Benningfield OBA No. 716 P.O. Box 490 Catoosa, OK 74015 Taiawagi Helton OBA No. 18393 1215 NW 20th St. Oklahoma City, OK 73106-4003 George Harold Lowrey OBA No. 10888 7107 S. Yale Ave. #283 Tulsa, OK 74136-6308

Bar Center Holiday Hours The Oklahoma Bar Center will be closed Monday, Nov. 12 in observance of Veterans’ Day and Friday, Nov. 16 for Statehood Day. The bar center will also close Nov. 22 and 23 for the Thanksgiving holiday.

2902 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 BENCH & BAR BRIEFS

pig; gymnast Nadia Coman- dam W. Childers, an eci as the cow; Oklahoma Aassociate attorney at businessman and ranching Crowe & Dunlevy, has been and agriculture leader Bob selected as a member of the Funk as the horse; and Okla- OU College of Arts and Sci- homa’s four-star retired war klahoma City attorney hero General Tommy Franks ences Board of Visitors. As OCary Hiltgen has been as the scranimal himself. The a member of the board, Mr. named first vice president of book is available at book- Childers will mentor two DRI – the Voice of the Defense stores nationwide and online. undergraduate students from Bar. He will serve a year in the university’s Leadership the post, then become presi- he Oklahoma Child Sup- Scholars program and par- dent-elect. He will assume Tport Enforcement Associ- ticipate in the coordination of the organization’s presidency ation recently honored John fund-raising activities for the in October 2009. Mr. Hilt- M. Sharp as “Attorney of the school. gen said one of his goals as Year.” Mr. Sharp is the man- he American Board of president will be to ensure aging attorney of the Tulsa TCertification announces that there is a jury system for West Child Support office. that Norman attorney Byron his children and to continue The award was bestowed at David Sisson has completed DRI’s support of an inde- the association’s 2007 annual the requirements for national pendent judiciary. DRI is the conference recently held in certification in consumer country’s largest association Oklahoma City. bankruptcy law. The board is of defense lawyers with about . Michael McBride III a non-profit organization 22,500 members. Dwas honored at the 2007 dedicated to improving the arry Derryberry, former Annual Meeting of the Fed- quality of the bankruptcy Lstate legislator, state eral Bar Association in bar. attorney general and cur- Atlanta on Sept. 7. He ichard Wieland has rently practicing attorney, received the Outstanding Rbeen appointed acting has written a children’s sing- Service Award as the chair of United States Trustee for a-long book titled, “The the Indian law section for Kansas, Oklahoma and New Oklahoma Scranimal.” The the Federal Bar Association; Mexico for an interim period book tells the story of what the Meritorious Newsletter that began in September. Mr. happens when a tornado Award for “Federal Indian Wieland served as a trial picks up Papa Derryberry’s Law;” and the Outstanding attorney in the Wichita, Kan., barn full of animals and puts Service Award as vice presi- office of the U.S. Trustee Pro- it back down — with the dent - Tenth Circuit, a gram since 1988. Additional- Oklahoma Scranimal having national leadership position ly, he is designated as a Spe- come to town. Legendary for the association that over- cial Assistant U.S. Attorney Oklahoma voices tell the tale sees the chapters in a six- in the District of Kansas and of how a duck, cow, pig, state area of the Southwest assisted the Executive Office sheep and horse are scram- Mr. McBride is a director of of the U.S. Trustee in its bled into a whole new crea- Crowe & Dunlevy and chairs implementation of the credit ture. In the barn, listeners the firm’s Indian Law & counseling and debtor edu- will hear the voices of Gov. Gaming Practice Group. cation approval require- Brad Henry as the sheep; ments of the Bankruptcy former Miss America from Abuse Prevention and Oklahoma Jayne Jayroe as Consumer Protection Act of the duck; former OU football 2005. coach Barry Switzer as the

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2903 securities law and corporate University of Arkansas. He finance. Mr. Rossler graduat- earned his B.S. in marketing ed with a B.S. in engineering from OSU in 2001. Mr. from the GMI Engineering Mirkes focuses his practice & Management Institute on general civil litigation (formerly General Motors and taxpayer advocacy. Institute) in 1984. He went onner & Winters LLP on to receive his masters of ableGotwals is pleased announces the addition science and Ph.D. from Vir- C to announce the addi- of two new attorneys in its G ginia Tech in 1988 and 1991, tion of Ellen Adams as a Tulsa office. Kathryn S. Bur- respectively. He has been a new associate in the Oklaho- nett and David S. Randolph professor of Industrial Engi- ma City office, and Sean have joined the firm as asso- neering and Management at Hanlon, Tom Hutchison and ciates. Ms. Burnett will focus OSU since 2000. He received Paul Rossler as new associ- her practice in litigation and his J.D. from TU in 2007 ates in the Tulsa office. Ms. labor and employment law. where he was the articles Adams received her B.A. She will have specific research editor of the Tulsa summa cum laude in 2003 responsibilities in the health Law Review. His legal prac- from OU. In 2007, she earned care industry sector. She tice is in the areas of intellec- her J.D. from the OU College earned an undergraduate tual property including pat- of Law in 2007 with highest degree from OSU, a master’s ent, trademark and copy- honors, where she was a degree from Columbia Uni- right prosecution, trade Comfort Scholar and the arti- versity and a J.D. from the secrets, litigation, and intel- cles development editor for College of William & Mary. lectual property licensing the American Indian Law Mr. Randolph’s practice rights. Review. Her legal practice is areas include banking and in the areas of business liti- ellers Snider announces finance, corporate and secu- gation. Mr. Hanlon graduat- Fthat Amy Elizabeth “Liz” rities. He earned his B.S. and ed with a B.A. in business Wellington has recently B.A. degrees, magna cum administration from the Illi- become an associate in the laude, from TU and a J.D., nois Wesleyan University in firm’s Oklahoma City office. with honors, from the TU Bloomington, Ill., in 2000. He She provides general counsel College of Law. received his J.D. from TU in in the areas of civil litigation, onner & Winters LLP 2006 where he was the man- as well as ad valorem taxa- also announces the addi- aging editor of the University tion, business litigation, C tion of two new attorneys in of Tulsa Law Review. He debtor-creditor litigation and its Oklahoma City office. recently served as a judicial collections. Ms. Wellington Crystal Ann Johnson and clerk to Judge Sam A. Joyner, holds a bachelor’s degree Jay Griffin have joined the in the U.S. District Court for from Stanford University, firm as associates. Initially, the Northern District of cum laude, and received her Ms. Johnson’s practice will Oklahoma. Mr. Hanlon’s law degree from OU cum be concentrated in the areas legal practice is in the area of laude. She is admitted to try of bankruptcy and labor and business litigation. Mr. matters before all Oklahoma employment. She will work Hutchison received a B.A. in state district courts and the in both transactional and liti- economics and history, cum U.S. District Court for the gation aspects of the firm’s laude, from Dartmouth Col- Western and Eastern Dis- practice. Ms. Johnson earned lege in Hanover, N.H., in tricts of Oklahoma. 2004. He earned his J.D., an undergraduate degree in with honors, from OU in cDaniel, Hixon, Lon- business from the University 2007 where he was a Com- Mgwell & Acord PLLC of Arkansas, and a J.D., with fort Scholar and the assistant announces that Craig A. highest honors, from the OU managing editor of the Okla- Mirkes has joined the firm College of Law, where she homa Law Review. His legal as an associate. He earned an earned Order of the Coif. Mr. practice is in the areas of LL.M. in taxation in 2005 Griffin leaves private indus- commercial law, commercial from the University of Flori- try having worked for a real transactions, mergers and da. He earned his J.D., with estate development company acquisitions, corporate and honors, in 2004 from the in Dallas. He will practice

2904 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 primarily in the areas of cor- Scholarship. Prior to entering graduate of the OU College porate and securities and OU, the Sao Paulo, Brazil, of Law. real estate law. He earned an native worked as a certified rutchmer, Browers and undergraduate degree in translator and interpreter Barnes announces John business administration and and as an English instructor C B. Nicks has joined the firm a J.D., with honors, both to Brazilian business execu- as of counsel. With 27 years from OU. tives. Ms. John is a trial law- experience as a trial lawyer, yer whose state and federal cAfee & Taft announces he will continue to practice litigation practice focuses on that recent law school in the areas of civil litigation M business and commercial liti- graduates Lauren E. Barg- and oil and gas law. Mr. gation and the representa- hols, Jeremiah L. Buettner, Nicks’ oil and gas practice tion of management in labor Wagner Dias da Silva, Ditty includes drilling and divi- and employment disputes. S. John and Ryne Miller sion order title opinions and While pursuing her J.D. at have joined the firm as asso- representation of business OCU, she was named to the ciates. Ms. Barghols is a trial and individuals in transac- Order of the Barristers, lawyer who focuses her tional and pipeline related served as president of the practice on commercial liti- matters. Mr. Nicks attended Multicultural Law Students gation and the representa- OU where he received an Alliance, and was a member tion of employers in a broad M.S. in industrial engineer- of Moot Court Society and range of labor and employ- ing in 1976 and a J.D. from Phi Delta Phi. Mr. Miller’s ment matters. She graduated OU in 1980. He may be transactional practice encom- from the OU College of Law, reached at 1648 S. Boston passes the areas of banking where she was a Comfort Ave., Ste. 100, Tulsa, 74119 and finance, as well as cor- Scholar and named to the (918) 382-8686; John porate and securities law. Order of the Coif. She also @cbb-law.com. Much of his practice is served as submissions editor focused on representing oodwin, Mee & Freede for Oklahoma Law Review. Mr. financial institutions in mat- LLP announces that R. Buettner is a trial lawyer G ters pertaining to their regu- Todd Waddell joined the whose general civil litigation latory and operational needs. firm as an associate. Mr. practice covers a broad range While at the OU College of Waddell graduated from of business and commercial Law, Mr. Miller was a Com- OCU School of Law magna disputes, including antitrust fort Scholar and member of cum laude in 1997 after litigation, construction litiga- Oklahoma Law Review and receiving his B.S. and M.S. tion and contract disputes. served as president of the degrees in geology from OU. While at the OU College of Oklahoma International Law He focuses his practice on oil Law, the Comfort Scholar Society. He also spent six and gas and environmental served as articles editor for months as a visiting scholar law, including litigation and Oklahoma Law Review and with the LL.M. International regulatory compliance; oil was a member of the Phi Business Law Programme at and gas title examination; Delta Phi honor society. He Chulalongkorn University in practice before the Oklaho- most recently was named to Bangkok, Thailand, prior to ma Corporation Commis- the Order of the Coif. Mr. graduating. sion; business/commercial Dias da Silva is a corporate litigation; bad faith insur- lawyer, devoting much of his obbs & Middleton, ance claims; major personal practice to corporate and employees of the Corpo- D injury and personal tort securities transactions, rate Law Department of claims. Prior to practicing including mergers and Farmers Insurance Group, law, Mr. Waddell was an acquisitions, agreement announces that Susan K. exploration/exploitation drafting, entity formation Carns and Lacy N. Boyles geologist for CONOCO- and regulatory matters. As a have joined the firm as asso- EPNA Inc. law student, he served on ciates. Ms. Carns is a 2006 the editorial board of Oklaho- graduate of OCU School of ray, Walker, Jackman, ma Law Review, was a mem- Law and was previously PWilliamson & Marlar ber of Golden Key Honor employed by Pierce, Couch, named Heather L. O’Banion Society, and was the recipi- Hendrickson, Baysinger & an associate of the firm. Ms. ent of the Rayburn L. Foster Green. Ms. Boyles is a 2007 O’Banion will focus her prac-

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2905 tice in the areas of employ- business and commercial liti- join the firm’s practice in the ment, business transactions, gation and appellate law. She areas of business, acquisi- real estate and commercial is a 2005 graduate of OCU tions, commercial, corporate, bankruptcy. She is a TU School of Law. She earned a tax and estate planning. graduate, having received master’s from OSU in 1999 degrees in business adminis- and a B.S. from Langston tration in 2002, and a J.D. in University in 1996. Mr. Gun- 2005. goll’s practice focuses on energy and natural resources ndrews Davis announc- litigation and general litiga- es that Jacquelyn V. A tion. He graduated from Duffy has joined the firm as Columbia Law School in an associate. Ms. Duffy’s 2007 and earned a B.A. from practice areas include busi- tacy L. Acord of McDan- Yale University in 2004. Mr. ness law, health law, civil liti- iel, Hixon, Longwell & Hickey concentrates his S gation, taxation, estate plan- Acord PLLC recently pre- practice in the areas of taxa- ning, trusts and probate. She sented on the Individuals tion, trusts and estates, and also assists the firm’s Native with Disabilities Education corporate and securities law. American department in Act of 2004 to a group of He graduated from the OU civil litigation matters. Ms. educators from several College of Law in 2007 and Duffy has two undergradu- branches of the Choctaw Wheaton College with a B.A. ate degrees from Washington Nation Headstart for their in 2003. Mr. Shipley’s prac- and Lee University, and she pre-service training. Ms. tice areas include corporate received her law degree from Acord represents families of law, business law, securities, OU in 2007. special needs children relat- commercial real estate and ed to obtaining special edu- rowe & Dunlevy health care. He is a 2007 cation and related services Cannounces the addition graduate of the University of utilizing IDEA 2004, Section of Jasmine Majid as a direc- Texas School of Law and 504 of the Rehabilitation Act tor in the firm’s Oklahoma earned his B.S. from the Uni- and other state and federal City office. She will practice versity of Texas in Dallas in special education laws and primarily in the area of 2003. Mr. Singelmann’s areas regulations. immigration. Prior to joining of practice encompass litiga- the firm, Majid served as a tion, election and campaign hris A. Paul of Joyce & managing director for finance, and litigation and CPaul PLLC made two Chisam-Majid Immigration trial practice. He graduated presentations at the AOPL Law & Policy where she from Georgetown University 2007 Annual Business Con- managed strategic business Law Center in 2007 and the ference held in Los Angeles development and manage- University of Missouri-Kan- Sept. 18-20. One presenta- ment for a federal legal prac- sas City with a B.A. in 2001. tion, titled “Budgets, Bullies tice concentrating on immi- and Blunders,” discussed eBee Gilchrist announc- gration and nationality law. how the government and es that Andrew R. Ms. Majid earned her B.A. D private plaintiffs have used Schroeder and Susan R. from OSU in 1984. She evidence found in budgets Carey have become associat- earned her master’s degree and in indications of intimi- ed with the firm. Ms. Carey from Drexel University in dation of personnel to estab- graduated from OSU with a 1995 and her J.D. from Tem- lish liability of companies, B.A. in political science and ple University School of Law often in the aftermath of the OU College of Law with that same year. regulatory, safety or environ- a J.D. She joins the firm’s mental blunders. The other, rowe & Dunlevy has practice in the areas of estate “Legal Ethics and Antitrust Cnamed Tynan Grayson, planning, probate, estate tax Issues,” focused on a Wade Gungoll, Matthew and income tax. Mr. Schroed- lawyer’s ethical obligations Hickey, David Shipley and er graduated from the Uni- with respect to counseling Jan Singelmann associates versity of Wisconsin - Mil- and management of anti- in the firm’s Oklahoma City waukee with a B.B.A. in trust issues, and included office. Ms. Grayson focuses marketing and OCU School discussions on records man- her practice in the areas of of Law with a J.D. He will

2906 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 agement and compliance . Douglas Stump was spoke to the 300 attendees programs. Tthe featured speaker for about the legal aspects asso- the Case Management Soci- ciated with entering into a . Joseph Williams, ety of America’s Annual lease or easement with wind attorney in the law firm O Conference in Tulsa on Oct. energy companies. Mr. Tracy of Pitchlynn & Associates PA 3. Mr. Stump’s presentation represents landowners in in Norman, recently gave a addressed recent changes in negotiating wind energy presentation at the 9th annu- immigration law and the leases and easements in al National Intertribal Tax Oklahoma Taxpayer and Cit- Oklahoma. Alliance conference held in izen Protection Act and the Tulsa. Mr. Williams spoke on impact on the health care niversity of Akron law Sarah Cravens various tribal tobacco tax industry. Mr. Stump also Uprofessor issues and the use of tribal- addressed the September was the speaker at the Inau- state tax compacts as a meeting of the Tulsa Chap- gural Honorable Stephanie means of resolving disputes ter, Association of Building K. Seymour Lecture, titled between state governments Contractors. He provided an “Judging Discretion” held and tribal governments con- analysis of the Oklahoma Oct. 18 at the TU College of cerning the collection of state Taxpayer and Citizenship Law. Ms. Cravens worked as taxes on tobacco products Protection. Mr. Stump was a law clerk for Judge Sey- sold to non-tribal members also the luncheon speaker mour on the U.S. Court of in Indian country. for the September seminar Appeals for the 10th Circuit and later as an associate at U law professor Lindsay on immigration law spon- Arnold & Porter LLP in Robertson participated sored by the Oklahoma Med- O Washington D.C., where she in a conference of the Inter- ical Research Foundation, practiced in the area of prod- national Association of Law where he discussed issues of ucts liability litigation. Schools in Suzhou, China, on employment based immigra- Oct. 18 via videoconference. tion law for healthcare work- How to place an announce- Mr. Robertson’s presentation ers and medical researchers. ment: If you are an OBA was titled “Learning from Mr. Stump has also been member and you’ve moved, Each Other: Enriching the appointed to serve on the become a partner, hired an Law School Curriculum in American Immigration associate, taken on a partner, an Interrelated World.” He Lawyers Association’s received a promotion or an demonstrated how law pro- Immigration and Customs award or given a talk or speech Enforcement Liaison with statewide or national fessors in four countries stature, we’d like to hear from could collaborate to teach a Committee. you. Information selected for class using the videoconfer- arty Ludlum, professor publication is printed at no encing technology. OU Law at Oklahoma City cost, subject to editing and began international distance M printed as space permits. Community College, recently Submit news items (e-mail legal education in 2000. Pres- gave two presentations at the ently, seven law schools from strongly preferred) in Allied Academies Confer- writing to: four countries participate in ence in Reno, Nev. His pre- the class, including OU, the Melissa Brown sentations were on interna- Public Information Dept. University of Ottawa and the tional business ethics and University of Saskatchewan Oklahoma Bar Association attorney grievances. Mr. P.O. Box 53036 in Canada, Monash Univer- Ludlum has been with Oklahoma City, OK 73152 sity and the University of OCCC since 2000. (405) 416-7017 Queensland in Australia, and Fax: (405) 416-7001 or Victoria University and the eith Tracy of Keith Tracy E-mail: [email protected] University of Auckland in KPLLC recently spoke at Articles for the Dec. 8 issue New Zealand. the Wind Energy Public must be received by Nov. 19 Forum in Cheyenne. He

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2907 IN MEMORIAM

harles C. Callaway of in batting average for the 1953 private practice in Tulsa and CMangum died Sept. 17. Big Seven Championship. Af- Oklahoma City. He loved fish- He was born June 24, 1924, ter graduating in 1954, he re- ing, politics and dogs. in Prescott, Ariz. The fam- ceived his commission in the ily moved to Greer County U.S. Army. He played profes- ames K. (Jimmy) Jones of in 1926. He began his college sional baseball in the minor JTulsa died Oct. 6. He was career at Mangum Junior leagues as a member of the born July 14, 1924, in Okmul- College and later transferred Chicago Cubs organization. gee. He graduated from Cen- to OU. He postponed his Following military service, tral High School in Tulsa in education to serve in the U.S. he attended law school at OU 1942. He served in World War Army, 99th Infantry, in World and received his J.D. from II as PT boat captain, serving War II. His military honors TU. He was self-employed with honor and distinction include two Bronze Stars and in the petroleum industry in in the Pacific Theatre. Upon a Purple Heart. After return- Oklahoma City for more than his return, he completed his ing to the states, he resumed 40 years. Throughout his life, education at OU, where he college at OU. He and his he was very involved in OU- lettered in track and football wife moved to Washington, related activities, including while studying the arts and D.C., where he received his president of the OU Alumni sciences. He earned a law de- B.A. from George Washing- Association, president of the gree in 1949. He was the earli- ton University and his J.D. basketball Tip-In Club, mem- est multifamily apartment from the American University ber of the Board of Directors builder in Tulsa, providing Washington College of Law. of the Varsity “O” Club and housing for countless people. Once he returned to Oklaho- member of the OU Associ- A driven innovator, he was ma, he served as an assistant ates. Memorial contributions the first builder to use con- district attorney for more than may be made in his name to crete slab foundations in 1955 35 years. He also farmed land the OU Foundation/Diabetes and soon owned more than south of Mangum he referred Center. 2,000 apartment units. He was to as “Paradise Flats,” which also an early member of the was originally farmed by his rank Gregory of Okla- Tulsa County Planning Com- grandparents. Among his sur- Fhoma City died Sept. 3. mission and an active par- vivors are his son, Charles C. He was born May 28, 1937, ticipant in the development Callaway Jr., and his daugh- in Muskogee. He attended of Grand Lake, handling all ter-in-law, Gene Callaway, George Washington Univer- the title work for the Corp. of both OBA members. sity and OU Law School. Engineers. He was the presi- During his career, he worked dent and founder of Mortgage illiam Maurice (Buster) for the Federal Trade Com- Clearing Corporation and the WCloud Jr. of Oklahoma mission under Presidents co-founder of Triad Bank. His City died Sept. 17. He was Kennedy and Johnson. He work is evident in real estate born Jan. 20, 1933, in Coun- was counsel for Conoco Oil throughout Tulsa, including cil Hill. He graduated from and GE before returning to the London Square Shopping Jenks High School and went Oklahoma to work as an Center. Memorial donations on to attend OU, where he assistant to state Attorney may be made to your favorite was a three-year letterman in General Larry Derryberry. For charity. baseball. He led the Sooners the last 20 years, he was in

2908 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 CLASSIFIED ADS

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Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2909 OFFICE SPACE POSITIONS AVAILABLE

AVAILABLE SPACE. Haupt Brooks Vandruff Cloar has LEGAL ASSISTANT TO U.S. MAGISTRATE JUDGE available individual office space in its new building in DESIGNEE T. LANE WILSON. Position Overview. The Bricktown. First-Class space, full-services available Legal Assistant is responsible for a wide variety of furnished and unfurnished. Legal and commercial ref- administrative and office support services for the judge erences required. For more information, contact Robert and chambers’ personnel. Responsibilities include, but Haupt, [email protected]/ (405) 231-4600. are not limited to, case management, legal writing and legal research, calendaring, travel planning and word JENKS LAW, P.L.L.C., will have two offices for rent processing. The position will be available upon the offi- beginning in the fall. Second floor of the Elm Street cial appointment of the U.S. Magistrate Judge Designee Market in Jenks, above the Elm Street Pub. New T. Lane Wilson. Required Skills and Abilities High building, great location just off the Creek Turnpike. school diploma required; college degree preferred. Monthly rent is $800, which includes phone, fax, Knowledge of office procedures, practices, processes internet, conference room, break room, reception area, and etiquette. Solid time management and organization and parking. Call Jasen Corns at (918) 298-1411. skills. Ability to project a professional image and maintain integrity of confidential information. Excellent NEW JENKS OFFICE SPACE: Office in newly constructed written, verbal and interpersonal skills. Excellent com- building adjacent to Jenks golf course. Space includes puter and word processing skills. Excellent attention to receptionist, conference room, free parking and case refer- detail, follow-through, accuracy and commitment to rals. Seeking complimentary practitioners for civil/ completing assignments. Must be able to perform basic domestic litigation and criminal defense attorneys. Inqui- legal research and interpret research by writing sum- ries to [email protected] or (918) 299-4454. maries, recommendations and draft orders. Prior work in social security cases a plus. Must exhibit high levels POSITIONS AVAILABLE of initiative, motivation and ability to work effectively with a diverse constituency. Five years of professional BARBER & BARTZ, P.C., AN AV RATED DOWNTOWN legal experience preferred. Applicants must be U.S. citi- TULSA LAW FIRM, is seeking an associate to assist in zens or eligible to work in the United States. The handling estate planning, tax, probate and trust settlement selected candidate will be subject to a background check matters. CPA or LLM (tax or estate planning) preferred. as a condition of employment. Benefits Employees of Competitive salary and benefits for commensurate quali- the U.S. District Court are not classified under Civil fications and experience. Applicants should send resume Service, but are entitled to many of the same benefits as and salary requirements to Scott Villines at svillines@bar- other federal government employees, including partici- berbartz.com or 525 S. Main St., Ste 800, Tulsa, OK 74103. pation in the retirement system, health and life insurance programs, leave accrual, periodic grade and step OKLAHOMA CITY FIRM focusing mainly in personal increases, and paid holidays. Submit cover letter and injury and criminal law practice seeks associate. Com- resume by Dec. 7, 2007 to: United States District Court petitive salary. Flexible hours. All contacts will be kept Clerk. ATT: Legal Assistant Vacancy, Northern District conﬁdential. Send resume to Box “I,” Oklahoma Bar of Oklahoma 333 W. 4th Street, Room 411, Tulsa, Association, P.O. Box 53036, Oklahoma City, OK 73152. Oklahoma 74103. An EOE AV RATED Tulsa firm seeks part time associate, flexi- THE ROBINSON LAW FIRM PC is an AV rated ble hours. Emphasis on research/writing with some defense firm seeking an attorney with 7-10 years deposition and general courtroom work. Strong aca- experience to assist in its civil litigation department. demic background, drafting skills and brief writing Please submit resume, writing sample and transcript required. All replies confidential. Send resume to Box to Gene Robinson, [email protected] or “DD”, Oklahoma Bar Association, P. O. Box 53036, 5810 E. Skelly Dr., Suite 1100, Tulsa, OK 74135. Oklahoma City, OK 73152 HARD WORK REWARDED at young, growing, AV- TULSA COUNTY Public Defender is looking for an rated downtown OKC firm with 8 attorneys. Pignato, energetic attorney, with at least 5 years of criminal Cooper, Kolker & Roberson, P.C., is seeking two associ- trial experience, committed to defending the lives of ates with 1 to 3 years civil litigation experience, prefer- clients facing the death penalty. The ideal candidate ably insurance defense. Strong research and writing will possess capital trial experience, excellent research skills a must. Best benefits in town. Salary and bonuses and writing skills, a working knowledge of capital commensurate with experience. Send resume and law, the ability to work well with all members of the writing sample to hiring partner, [email protected] or defense team, and a willingness to spend long hours Brad Roberson, 119 North Robinson, Suite 1120, developing mitigation. Candidate must be licensed to Oklahoma City, Oklahoma 73102. practice law in Oklahoma or demonstrate an ability to obtain a temporary license which will become perma- FENTON FENTON SMITH RENEAU & MOON is an nent based on reciprocity. Salary commensurate with AV rated defense firm seeking an attorney with 0-3 experience and qualifications. Please submit a resume years experience to assist in its civil litigation depart- and cover letter outlining your qualifications and sal- ment. Please submit a resume, writing sample and ary requirements to Pete Silva, Public Defender, by transcript to the Recruiting Coordinator, 211 N. Robin- mail to 423 Boulder, Suite 300, Tulsa, OK 74103; by fax son, Ste. 800N, Oklahoma City, OK 73102. to (918)-596-5559; or by email to [email protected].

2910 The Oklahoma Bar Journal Vol. 78 — No. 30 — 11/3/2007 POSITIONS AVAILABLE POSITIONS AVAILABLE

NW OKC Creditors Rights Firm seeking attorney with DOWNTOWN Oklahoma City AV-rated law firm seeks 0-3 years experience. Courtroom experience preferable. a self-motivated associate with 2-4 years of experience Please email resumes to [email protected] or in insurance defense and personal injury-related cases. fax them to (405)-720-8231. Responsibilities include depositions, research, discov- THE JUDICIAL NOMINATING COMMISSION seeks ery, and trial work. Salary commensurate with experi- applicants to fill the following judicial office: Judge for ence. Reply to Box “CC”, Oklahoma Bar Association, Oklahoma Court of Civil Appeals, District Two, Office PO Box 53036, Oklahoma City, OK 73152 One. This vacancy is created by the appointment of the AV RATED DOWNTOWN OKC insurance defense liti- Honorable John F. Reif to the Supreme Court effective gation firm seeks associate with 2 - 4 years experience. Oct. 23, 2007. To be appointed to the office of Judge of Salary commensurate with experience. Please send the Court of Civil Appeals, one must be a registered resumes to McAtee & Woods, P.C., 410 NW 13th Street, voter of the respective judicial district at the time (s)he Oklahoma City, OK 73103. takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointees DOWNTOWN OKC AV FIRM seeks associate with 2-5 shall have had a minimum of four years experience as years experience in general civil and/or criminal a licensed practicing attorney, or as a judge of a court itigation. Strong academic, research and writing back- of record, or both within the State of Oklahoma. Ap- ground required. Must be prepared to immediately plication forms can be obtained by contacting Tammy assume substantial responsibility. Compensation and Reaves, Administrative Office of the Courts, 1915 North benefits commensurate with abilities. Send resume and Stiles, Suite 305, Oklahoma City, Oklahoma 73105, salary requirements to Box “G”, Oklahoma Bar (405) 521-2450, and should be submitted to the Chairman Association, P. O. Box 53036, OKC 73152. of the Commission at the same address no later than 5:00 p.m., Friday, Nov. 30, 2007. If applications are mailed, POSITION WANTED they must be postmarked by midnight, Nov. 30, 2007. EXPERIENCED ATTORNEY seeking associate posi- GROWING OKC LITIGATION FIRM committed to tion. Four years of civil litigation experience in San highest quality legal services needs associate with 5 to Francisco. Admitted to Oklahoma Bar in 2005. Gradu- 7 years experience to handle insurance defense mat- ate of University of California - Hastings College of the ters. Must have excellent academic record and refer- Law. Ready to make a positive contribution to your ences. Please send resume and writing sample to Box firm. Contact Brittany Novotny, (405) 420-5890. “Z,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152. BOOKS NW OKC CREDITORS RIGHTS FIRM seeking attorney with 0-3 years experience. Courtroom experience THE LAWBOOK EXCHANGE, LTD. Buys, sells and preferable. Please email resumes to michael1@lbncol- appraises all major law book sets. Also antiquarian, lect.com or fax them to (405) 720-8231. scholarly. Reprints of legal classics. Catalogues issued in print and online MasterCard, Visa OKC AV FIRM seeks associate with 1-5 yrs. experience. and AmEx. (800) 422-6686; fax: (732) 382-1887; The attorney must be a motivated selfstarter. The posi- www.lawbookexchange.com. tion allows an attorney to handle his or her own case load with supervision. An associate is needed with CLASSIFIED INFORMATION experience in insurance subrogation, insurance defense and workers compensation defense. Deposition experi- CLASSIFIED RATES: One dollar per word per ence helpful. Send resume and salary requirements to insertion. Minimum charge $35. Add $15 surcharge box “BB,” Oklahoma Bar Association, P.O. Box 55036, per issue for blind box advertisements to cover forwarding of replies. Blind box word count Oklahoma City, OK 73152. must include “Box ____ , Oklahoma Bar UNIQUE LEADERSHIP OPPORTUNITY: Western Association, P.O. Box 53036, Oklahoma City, OK 73152.” Display classiﬁed ads with bold State College of Colorado invites applications for the headline and border are $50 per inch. See www.okbar. position of Moncrief Chair and Director, Professional org for issue dates and Display Ad sizes and rates. Land and Resource Management (PLRM). Responsi- DEADLINE: Tuesday noon before publication. bilities include directing the PLRM program, contin- Ads must be prepaid. Send ad (e-mail preferred) in ued enhancement of courses in professional land writing stating number of times to be published to: management, teaching of the introductory course, and Brandon Haynie various industry support activities. The successful Oklahoma Bar Association candidate will have had progressive leader- P.O. Box 53036 ship positions in the oil and gas and/or extractive Oklahoma City, OK 73152 industries and significant experience as a land E-mail: [email protected] negotiator. Requirements include a bachelor’s degree; Publication and contents of any advertisement is not to be deemed an a graduate or law degree is preferred. For full position endorsement of the views expressed therein, nor shall the publication of information and application procedures visit www. any advertisement be considered an endorsement of the procedure or service involved. All placement notices must be clearly western.edu/hr/jobs or contact Richard Daerr at (970) non-discriminatory. 943-3163, [email protected] AA/EOE.

Vol. 78 — No. 30 — 11/3/2007 The Oklahoma Bar Journal 2911 THE BACK PAGE A Gift from Mr. Alverson By Vicki Ruth Adams Werneke

ing over six hours Many times when time. My husband met me discussing the clients talk about their chil- at the gate and greeted me complicated dren, I think of my own with a soft drink. My son nature of their children. My husband and saw me in the stands as he various cases, I I are the proud parents of a stepped on the field and was exhausted daughter, who is a sopho- the performance by the and ready to more in college and has band was wonderful. go home. become a fine young woman, and a son who is Although I was still tired While trav- 16 years old and a junior in from the day, I was also I knew I could eling north on high school. Our son is energized and knew I was not miss that the Indian close in age to Mr. Alver- in the right place. The band Nations Turn- son’s oldest son. I thought director and some of the one night in my pike, I reflected how different our son’s life other parents were glad to child’s life… on the day and is compared to Mr. Alver- see me, especially when the conversations I son’s and his oldest son’s they were not expecting had with the men, life. Our son is on the me as I had told them I which varied with each drumline in the marching would be at the prison all person. I stopped at the band for his high school, day. Later that night when fast food restaurant on the which he enjoys immense- our son came home, he turnpike (the only one ly. He is making plans for told me he was glad I was there and you can proba- college where he wants to able to make it. I know that bly guess which one) to study to become a veteri- if I had decided to just go eat my “lunch” which was narian. home, he would not have at 5:30 p.m. While enjoy- been upset with me or ing my cheeseburger and That night after spend- resentful. I was glad French fries, I thought of ing all day at the prison, I though that I had listened one of the conversations at was exhausted. I knew with my heart when Mr. I have been an appellate the prison. One of the men there was a football game Alverson was talking with attorney for over 14 years I had visited with earlier that night and that the me about his children and representing men sen- that day was Billy Alver- marching band would be how he wished he would tenced to death. Over the son. I do not directly repre- performing at halftime. have made different choic- years, I have visited with sent Mr. Alverson, but had When I started the day, I es with his life years ago. several clients on H-Unit at permission from his attor- had planned on just going the Oklahoma State Peni- neys to visit with him straight home because I The next day when I was tentiary, the underground about another matter. Mr. knew I would be spent. I back in the office, I talked unit where death row is Alverson was lamenting told my son that I would with Mr. Alverson’s attor- housed, in McAlester. the fact that he was unable not be there and he under- ney, and told him how Recently, I spent the day at to be out in the world to stood. I told other parents much I appreciated Mr. the prison visiting several help raise his four sons. He in the band boosters orga- Alverson’s willingness to men. I arrived at the prison had been incarcerated for nization, of which my hus- meet with me about the about 10:45 a.m. after trav- over 10 years already. He band and I are the co-presi- legal matter and how his eling over 2 ½ hours from was especially concerned dents, that I would not be feelings of love and caring Oklahoma City. I had about his oldest son who there. I knew that my hus- for his children influenced asked to visit with six men, was 17 years old and band would be there to me to change my plans for but only had time to visit whom he had not spoken help with the band. But the evening. I knew I could with five before the unit with in a while. Mr. Alver- after hearing Mr. Alver- not miss that one night in manager told me I had to son expressed anguish that son’s regret over the lost my child’s life and I leave at 5 p.m. I had been his son might make mis- time with his sons, I knew thanked him for that gift. in the bowels of the prison takes in his life. Mr. Alver- that I could not miss even Inspiration can be found in all day and was hungry son did not want his son to that one night of watching the most amazing and and thirsty when I left. end up in prison like his my child enjoying life and unexpected places, even a Attorneys are not allowed father. He was not even being part of something dungeon like death row. to bring anything to eat or sure if his oldest was in fantastic. I drove the three drink into the visiting Ms. Werneke is an attorney high school this year. hours to the football game with the Oklahoma Indigent room while meeting with and arrived just before half the inmates. After spend- Defense System.

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