Enforceability of Electronic Agreements • Licenses for Legal Technicians Judicial Nominating Commission Election • Bar Membership Anniversaries

ALSO INSIDE: Enforceability of Electronic Agreements • Licenses for Legal Technicians Judicial Nominating Commission Election • Bar Membership Anniversaries

Volume 88 — No. 11 — 4/15/2017 LIFETIME TOPGOLF MEMBERSHIP INCLUDED WITH REGISTRATION

3/3 TOPGOLF Ethics

For details and to register go to: www.okbar.org/members/CLE

706 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Theme: Law Day pg. 762 Editor: Carol Manning High School Mock Trial contents Program April 15, 2017 • Vol. 88 • No. 11 Departments 708 From the President 767 Editorial Calendar 768 From the Executive Director 770 Law Practice Tips 772 OBA Board of Governors Actions 775 Oklahoma Bar Foundation News 777 Young Lawyers Division 780 For Your Information 782 Bench and Bar Briefs 784 In Memoriam 787 What’s Online 792 The Back Page

pg. 744 Electronic Agreements About the Cover: Art contest winners in the OBA Law Day contest Features Plus 744 That’s a Wrap! Examining the 711 Celebrating Law Day Throughout the Enforceability of Electronic Agreements State By Emilie Blanchard Wedman and Timila S. Rother By Albert Hoch and Brittany Jewett 749 The L in Triple LTs: The Limited Nature of 715 Volunteers Needed to Staff Statewide Licenses for Legal Technicians Ask A Lawyer By Michael Speck 756 Judicial Nominating Commission Elections: 716 Law Day 2017 Contest Winners Nomination Period Opens 733 County Law Day Chairpersons 759 Significant Bar Member Anniversaries 734 County Bar Association Activities 762 Mock Trial Builds Skills for All Career Fields, Not Just Law 739 Oklahoma’s Law Day History By Todd A. Murray 740 Chief Justice Issues Law Day Directive 766 Legislative Monitoring Committee Reports Judicial Bills Still Pending 741 Oklahoma’s State Law Day Proclamation By Angela Ailles Bahm

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 707 FROM THE PRESIDENT

Spring Brings Many Activities By Linda S. Thomas

I love the changing seasons, especially the pendence of the judiciary and access to newness of springtime. With grass turning green, trees justice for all. As we do each year, the budding and colorful flowers pushing up through dreary OBA is monitoring pieces of legislation flowerbeds, we shake off the cabin fever of winter. Bright and is in communication with our leaders days bring about new energy. This spring the OBA is in full at the state Capitol ensuring that we pre- bloom with opportunities for us to learn and grow. serve a fair and impartial judiciary and that the public is well served by our pro- The OBA is celebrating Law Day in a big way promoting fession. Of particular interest is the sales the theme “The 14th Amendment: Transforming American tax on services recently proposed by the Democracy.” The Law Day Committee, under Co-Chairs Al governor. I don’t believe it will come to Hoch and Brittany Jewett, worked diligently with OBA fruition, but we must be mindful that staff developing great programming, including student art our clients already pay high filing fees and writing contests. The annual phone-in Ask A Lawyer and court costs associated with legal program where lawyers offer free legal advice to Oklaho- services that aren’t imposed upon other mans and the television show on OETA highlighting the professions. important impact of lawyers in society will take place on April 27. County bars also have activities planned for April There’s no better time to serve those and May. who have honorably served us by becoming a volunteer lawyer for Oklahoma You don’t want to miss Solo & Small Firm Conference Lawyers for America’s Heroes. Since its June 22-24 at the Choctaw Casino Resort in Durant. Confer- inception in 2011, under the leadership of ence Co-Chairs Melissa DeLacerda and Stephen Beam, with Deb Reheard, it has hit the $3 million their committee and OBA staff, will present a “family mark in free legal assistance for those friendly” event offering both CLE for us and a wide vari- who so honorably served our country. If ety of supervised kids’ activities that will keep the little you’re looking for a fulfilling way to give ones busy all day. The conference will feature a complete back to our profession and your commu- track on arguably Oklahoma’s greatest trial starting with nity, join the hundreds of Oklahoma law- the April 19, 1995, blast that struck the Alfred P. Murrah yers who have taken up the cause for Federal Building through the sen- those deserving service men and women, tencing of Terry Nichols by then and help an American soldier while earn- District Judge Steven Taylor (now ing free CLE credit at the same time. retired Oklahoma Supreme Court justice). Programming also includes The Leadership Academy, helping the latest technology tips and a basic develop bar leaders since 2007, is “how to” session with demonstra- designed for all lawyers who see bar tions and forms! leadership as a way to give back to our association. The next academy begins in The Oklahoma Legislature began September, so look for more details in the its session in February and culminates May bar journal. with sine die in May. Prior to the session, the Legislative Monitoring Com- To everything there’s a season. Use mittee, chaired by Angela Ailles this spring season as a renewal to your President Thomas Bahm, together with leadership and commitment to the rule of law, the inde- practices in Bartlesville. staff, examined proposed legislation pendence of our judiciary and access to [email protected] that affects the practice of law, inde- justice for all Oklahomans. 918-336-6300

708 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2017 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 88 — No. 11 — 4/15/2017 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor RENÉE DEMOSS, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can PATRICIA A. FLANAGAN be found at www.okbar.org. MACKENZIE MCDANIEL Yukon Advertising Manager BAR Center Staff AMANDA GRANT, Spiro [email protected] John Morris Williams, Executive Director; C. SCOTT JONES, Gina L. Hendryx, General Counsel; Joe Balken- LACEY PLAUDIS Oklahoma City bush, Ethics Counsel; Jim Calloway, Director Communications Specialist of Management Assistance Program; Craig D. [email protected] ERIN MEANS, Moore Combs, Director of Administration; Susan LAURA STONE SHANNON L. PRESCOTT Damron, Director of Educational Programs; Okmulgee Beverly Petry Lewis, Administrator MCLE Communications Specialist Commission; Carol A. Manning, Director of [email protected] MARK RAMSEY, Claremore Communications; Robbin Watson, Director of LESLIE TAYLOR, Ada Information Technology; Loraine Dillinder Far- abow, Tommy Humphries, Debbie Maddox, Katherine Ogden, Steve Sullins, OFFICERS & Assistant General Counsels Les Arnold, Gary Berger, Debbie Brink, BOARD OF GOVERNORS Tony Blasier, Melody Claridge, Cheryl Corey, LINDA S. THOMAS, President, Bartlesville; Nickie Day, Ben Douglas, Dieadra Florence, JENNIFER CASTILLO, Vice President, Oklahoma City; Johnny Marie Floyd, Matt Gayle, Marley KIMBERLY HAYS, President-Elect, Tulsa; GARVIN A. ISAACS, Harris, Suzi Hendrix, Darla Jackson, Debra Immediate Past President, Oklahoma City; JOHN W. COYLE III, Jenkins, Rhonda Langley, Jaime Lane, Durrel Lattimore, Mackenzie McDaniel, Renee Oklahoma City; MARK E. FIELDS, McAlester; JAMES R. Montgomery, Lacey Plaudis, Tracy Sanders, GOTWALS, Tulsa; KALEB K. HENNIGH, Enid; JAMES R. HICKS, Mark Schneidewent, Laura Stone, Jan Tulsa; ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; Thompson, Krystal Willis, Laura Willis JIMMY D. OLIVER, Stillwater; SONJA R. PORTER, Oklahoma & Roberta Yarbrough City; ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Miami; Oklahoma Bar Association 405-416-7000 BRYON J. WILL, Yukon; LANE R. NEAL, Oklahoma City, Chair- Toll Free 800-522-8065 person, OBA Young Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in June and July by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Mgmt. Assistance Program 405-416-7008 paid at Oklahoma City, Okla. Mandatory CLE 405-416-7009 Board of Bar Examiners 405-416-7075 Subscriptions $60 per year except for law students registered with Oklahoma Bar Foundation 405-416-7070 the OBA and senior members who may subscribe for $30; all active members included in dues. Single copies: $3 www.okbar.org Postmaster Send address changes to the Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152-3036.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 709 710 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Celebrating Law Day Throughout the State By Albert Hoch and Brittany Jewett

he 14th Amendment was established to protect civil rights of all Americans. As part of the Reconstruction Amend- Tments, it is flanked by the 13th Amendment – abolishing slavery – and the 15th Amendment – prohibiting denial of citizens’ right to vote. The 14th Amendment, however, has greatly expanded the protection of civil rights and has been cited in more litigation than any other amendment. Supreme Court Justice Wil- liam O. Douglas observed of the amendment, “No patent medi- cine was ever put to wider and more varied use than the 14th Amendment.”

The Citizenship and the Privileges or Immu- deprived of life, liberty or property, such as nities Clauses of the 14th Amendment begin the right to a jury, the right to confront wit- with a sentence conferring legal citizenship on nesses and the right to a speedy trial. Substan- all persons born in the U.S. and indicates, tive due process is a principle allowing courts whether naturalized or natural- to protect individuals from gov- born, they are citizens of both ernment interference of certain the U.S. and the state in which rights deemed fundamental, they live. The second sentence, such as the right to privacy and noting to privileges and immu- the right to marry. nities of citizens, prohibits states The Equal Protection Clause from infringing rights of citi- prohibits states from discrimi- zens. These statements helped nating against individuals or ease the issues of a post-Civil groups and advances constitu- War nation not yet past the tional equality. legacy of slavery. Law Day is an ideal opportu- The Due Process Clause nity to celebrate the civil rights provides a safeguard against guaranteed by the 14th Amend- arbitrary laws or unjust court ment. This year’s theme “The proceedings. Study of this clause 14th Amendment: Transforming has led to defining both proce- American Democracy” truly dural and substantive due pro- reflects its substantive contribu- cess. Procedural due process tion to all Americans’ rights. Its generally refers to those proce- Chief Justice Douglas Combs gives a role in desegregation, marriage dures that guarantee a fair trial short lesson on the 14th Amendment equality and other once-monu- before an individual can be during his segment of Ask A Lawyer.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 711 Ask A awyerH L Family law attorney Robyn Hopkins interviews adoption attorney Khristan Strubhar. mental issues now part of everyday life show Thursday, April 27 it truly has transformed American democracy. Law Day is also a great opportunity to celebrate the work being done by lawyers across the state in protecting those rights. Whether 7-8 p.m. continuing the fight for equal protection or working to ensure due process, lawyers in Oklahoma are committed to upholding the ideals conferred by the 14th Amendment. Activities planned across the state will honor both the law and those who work to protect and implement it. It is fitting that Oklahoma celebrates Law Featuring Day so thoroughly. With a rich history dating back more than six decades, Law Day was Segments on: conceived by the late Hicks Epton, a Wewoka attorney who served as Oklahoma Bar Associ- I Adoption ation president in 1953. Before he became with panelists Linque Hilton, Jim Priest president, Mr. Epton served as head of the and Amber Godfrey public relations committee, and in 1951, he I Debt and Bankruptcy launched one of the most important public with panelists Roland V. Combs III, relations programs ever undertaken by the OBA: Know Your Liberties — Know Your Haley L. Simmoneau and Victor Wandres Courts Week. This was one of the last weeks I Drug Court of April dedicated to educating the public about the legal system and celebrating the lib- Hosted and erties we have as Americans. Since then, Law Day has evolved into a national celebration Moderated by generally recognized on May 1. Dick Pryor ASK A LAWYER TV SHOW This year’s Ask A Lawyer program will air Special Guests: Thursday, April 27, at 7 p.m. on OETA, Okla- homa’s public television stations across the Oklahoma Supreme Court state. The topics cover the success of drug Chief Justice Douglas Combs court in Oklahoma, adoption and debt and and OBA President bankruptcy issues. Linda S. Thomas The show gives an inside look at the Cleve- land County Drug Court. Judge Michael Tupper provides insight into how the pro-

712 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 gram works and how it benefits not only the in their home county with the help of their participants but also the community. Two par- county bar association. See the names ticipants share their stories about their strug- of all the winners and their winning entries gle with addiction and the joys and pains of online at www.okbar.org/lawday or in creating a sober life. this issue. The adoption segment visits the homes of FREE LEGAL ADVICE two Oklahoma families to learn about their experiences with adoption. Attorneys Robyn For the 41st year, we are organizing the Ask Hopkins and Khristan Strubhar discuss how A Lawyer community service project, provid- to navigate the legal aspects of both private ing free answers to Oklahomans’ legal ques- and DHS adoptions. tions. This year’s project will be Thursday, April 27. Again this year, Oklahomans will The debt segment will profile Oklahomans have the option to email their question instead who chose bankruptcy, as well as highlight of calling. Two email addresses have been alternatives to bankruptcy and other issues re- created — [email protected] and lated to the burden of debt. Attorney Katheryn [email protected] for Spanish- Bell will also give advice to those considering speaking Oklahomans. Participating in Ask A debt relief solutions. Lawyer is a great way for all Oklahoma lawyers to celebrate Law Day. This annual event gives us the opportunity to provide a much- needed community service while promoting a positive public image of lawyers and the OBA. The Law Day Committee is also committed to assisting the Hispanic community by offering free legal advice in Spanish. To help ensure we have adequate bilingual coverage, Spanish-speaking callers will be asked to call the statewide toll-free number from 3 to 9 p.m. If you are in the Oklahoma City area and speak Spanish or know lawyers who Tracey Hipley shares his story of drug addiction and do, we need your help! recovery. Oklahoma and Tulsa County lawyers will work together to staff the statewide toll-free OBA President Linda Thomas gives an over- hotline from 9 a.m. to 9 p.m. For other coun- view of freedoms guaranteed by the judicial ties, the Law Day Committee works with each branch, and Oklahoma Supreme Court Chief county’s Law Day chairperson to establish a Justice Douglas Combs shares his thoughts on network of local county phone numbers in the 14th Amendment and recognizes the stu- addition to the statewide number. Volunteer dent contest winners. lawyers in each participating county staff CONTESTS AND ACTIVITIES More than 900 students from across the state submitted entries focused on this year’s theme, “The 14th Amendment: Transforming American Democracy.” First- through 12th- grade students demonstrated their knowledge of the history and concepts of the 14th Amendment through essays and multimedia art. Pre-K and kindergarten students were given a choice of coloring activity pages related to the theme, allowing them to show off their budding creative and writing abilities. A ceremony was held at the Oklahoma Capitol for first-place winners. Those earning second Attorney Katheryn Bell speaks about the importance of not place or an honorable mention were honored running from debt.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 713 Oklahoma Supreme Court Chief Justice Douglas Combs welcomes Law Day Contest first-place winners to a recognition ceremony at the state Capitol. Also attending were OBA Vice President Jennifer Castillo, OBA Law Day Committee Co-Chair Albert Hoch and Past Chair Richard Vreeland. phones at their local location for a predeter- ideas for Law Day 2018 — or just want to be mined time period and the numbers are involved — contact us: Al Hoch, al4notglty@ advertised while the Ask A Lawyer TV pro- aol.com; or Brittany Jewett, brittany.jewett@ gram is airing. laok.org. Anywhere you live or work, your help is Whether volunteering to provide free legal needed to make this community service proj- advice or making a presentation to a local ect a success. It takes a total of 30 attorneys for school group or organization, we hope you each two-hour shift to fully staff the statewide will participate in Law Day. With OBA Law number. That effort, combined with the local Day Committee members, county Law Day county bars and those answering email ques- chairpersons, their committee members and tions, creates a huge need for lawyers to step volunteers across the state, this year’s Law forward. Day celebration will be another success. To volunteer, contact your local county Law Day chairperson, listed in this issue or online About The AuthorS at www.okbar.org/lawday. Albert (Al) Hoch is president of the DIRECTIVE AND PROCLAMATION Oklahoma Criminal Defense Lawyers Association and a member of the Na- Chief Justice Douglas Combs is continuing tional Association of Criminal Defense the OBA Law Day tradition of issuing a Law Lawyers. He serves as OBA Law Day Day Directive, encouraging courts to host co-chair. He is a graduate of the OCU Law Day events or to visit schools speaking School of Law and has been practicing on the role of the judiciary. The court’s web- in the area of criminal law for 30 years. site at www.oscn.net will include Law Day courthouse activities and event ideas. Gov. Brittany Jewett is a lawyer with Legal Mary Fallin has again this year signed a Aid Services of Oklahoma in Oklahoma proclamation designating May 1 as Law Day City and works with the ReMerge Pro- in Oklahoma. gram, a diversion program transforming GET INVOLVED pregnant women and mothers facing incarceration into productive citizens. Even as we prepare to celebrate Law Day, She is a 2011 graduate of the OCU the Law Day Committee will soon begin plan- School of Law. ning for next year’s activities. If you have

714 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 715 Contest Winners The OBA Law Day Committee would like to thank Oklahoma educators, students and their families for participating in the 2017 Law Day Contest. This year’s theme was “The 14th Amendment: Transforming American Democracy.” Similar to previous years, first- through 12th-grade students demonstrated their knowledge of the history and concepts of the theme through essays and multimedia art. Pre-K and kindergarten students were given a choice of coloring activity pages related to the theme, allowing them to showcase their budding creative and writing abilities. Writing prompts created for each grade incorporated both the 2017 Law Day theme and Okla- homa State Department of Education social studies standards. The art contest drew very diverse student entries, including mixed media artwork, poetry, photography, a slideshow and collages. For both elementary and secondary students, the contest gave them an opportunity to explore how the 14th Amendment has helped guarantee and protect all Americans’ civil rights. Grand Prize Contest Winner Rachel Blitz Eighth Grade Classen School of Advanced Studies, Oklahoma City Teacher: LaRadius Stephens

716 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Coloring Contest Winners

First Place Pre-Kindergarten Amelia Kwok Nichols Hills Elementary, Oklahoma City Teacher: Kimberly Leonard

Second Place Pre-Kindergarten Logan Rhodes Graham-Dustin Elementary, Weleetka Teacher: Heather Buesser

First Place Kindergarten Sophie Buchanan Virginia Smith Elementary, Harrah Teacher: Kana Mauldin

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 717 Coloring Contest Winners

Second Place Kindergarten Beau Russell Prairie View Elementary, Enid Teacher: Kelsey Hindman

Art Contest Winners

First Place First Grade Kross Perkins Hope Christian Academy, Skiatook Teacher: Linda Wallace

Second Place First Grade Kaden Kehler Hope Christian Academy, Skiatook Teacher: Linda Wallace

718 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Art Contest Winners

First Place Second Grade Paetyn Gilliam Covenant Community School, Stillwater Teacher: Wendi Barry

First Place First Grade Kross Perkins Hope Christian Academy, Skiatook Teacher: Linda Wallace

Second Place Second Grade Leeta Carter’s 2016-2017 Class Hope Christian Academy, Skiatook Teacher: Leeta Carter

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 719 Art Contest Winners

First Place Third Grade Teresa Mayberry’s 2016-2017 Class Hope Christian Academy, Skiatook Teacher: Teresa Mayberry

Second Place Third Grade Derek Trotter

Covenant CommunityStillwater School, Teacher: Ronda Peek

First Place Fourth Grade Trevor Grace Covenant Commnity School, Stillwater Teacher: Ashlee McDaniel

720 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Art Contest Winners

Second Place Fourth Grade Makenna Stephenson Covenant Community School, Stillwater Teacher: Ashlee McDaniel

First Place Fifth Grade Austin Buchanan Russell Babb Elementary, Harrah Teacher: Pam Holland

Second Place Fifth Grade Christian Campbell First Place Covenant Community School, Stillwater Fourth Grade Teacher: Ashlee McDaniel Trevor Grace Covenant Commnity School, Stillwater Teacher: Ashlee McDaniel

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 721 Art Contest Winners

First Place Sixth Grade Kaylee Rose Pocola Middle School, Pocola Teacher: Fonda Clopton

Second Place Sixth Grade Lilly Kelley Pocola Middle School, Pocola Teacher: Fonda Clopton

First Place Seventh Grade Harley Angel Covenant Community School, Stillwater Teacher: Mrs. Carman

722 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Art Contest Winners

Second Place Seventh Grade Bailee Walters Covenant Community School, Stillwater Teacher: Mrs. Carman

First Place Eighth Grade Wendy Aguilar Kiefer High School & Junior High, Kiefer Teacher: Lorrie Quinnelly

Second Place Eighth Grade Kinley Downing Middle School of Piedmont, Piedmont Teacher: Frances A. Williams

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 723 Art Contest Winners

First Place Ninth Grade Katie Williams Pocola High School, Pocola Teacher: Fonda Clopton

Second Place Ninth Grade Winston Kirby Covenant Community School, Stillwater Teacher: Elizabeth Albright

First Place Tenth Grade Helena Singleton Booker T. Washington High School, Tulsa Teacher: Meredith Deaton

724 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Art Contest Winners

Second Place Tenth Grade Haleigh Saulter Pocola High School, Pocola Teacher: Fonda Clopton

First Place Eleventh Grade Lauren Ball Chisholm High School, Enid Teacher: Amy Broadbent

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 725 Art Contest Winners

Second Place Eleventh Grade Savanna Dockins Chisholm High School, Enid Teacher: Amy Broadbent

First Place Twelfth Grade Abigail Alfred Pauls Valley High School, Pauls Valley

Second Place Twelfth Grade Ryan Richter Chisholm High School, Enid Teacher: Amy Broadbent

726 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Writing Contest Winners

First Place First Grade Elizabeth Kwok Nichols Hills Elementary, Oklahoma City Teacher: Cindy Brown

Second Place • First Grade Wyatt Reding Covenant Community School, Stillwater Teacher: Wendi Barry To read Wyatt’s entry, go to www.okbar.org/lawday

Read the rest of Elizabeth’s entry at www.okbar.org/lawday

Oklahoma Programs

1. Oklahoma’s Government puts fainess and equality into, practicefood, and daily clothing with social programs that give access to healthcare, shelter to low-income families. These programs such as T.A.N.F, SNAP Benefits, Section-8, and Medicare give citizens access to benefits to provide for their families. Using these benefits helps create a better standard of life for families who are not able to provide for their household because of First Place their economic status, including the elderly and disabled. Third Grade 2. Oklahoma Government Agency’s treat all citizens with fairness when they Arabella Brooks apply for these beneficial programs. They are not judgeds use on equality their race, stan - sex, or age, but their need of the benefit. The agency’ West Nichols Hills Elementary, dards to deliver benefits to help needy families who deserve good nutri- Oklahoma City tion, healthcare, and housing. Non-discrimination is a policy that is used Teacher: Mary Casteel to ensure benefits are given to families who need them. - Second Place 3. In Oklahoma, the courts have started special programs to help low- Third Grade income families receive legal representation, such as Legal-Aid. The attor neys from Legal Aid, help needy families with disputes in civil law, such Bradey Sims as family law disputes. Read the rest of Arabella’s entry at www.okbar.org/lawday Woodrow Wilson Elementary, Seminole Teacher: Brenna Pierce To read Bradey’s entry, go to www.okbar.org/lawday

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 727 Writing Contest Winners

First Place Fourth Grade James Pierson Nichols Elementary, Miami Teacher: Samantha Allen

Second Place • Fourth Grade Cameron Cummings Nichols Elementary, Miami Teacher: Kristina Hammons To read Cameron’s entry, go to www.okbar.org/lawday

Read the rest of James’s entry at www.okbar.org/lawday

First Place Fifth Grade Emma Eppler Nichols Elementary, Miami Teacher: Shanna Sanders

Second Place • Fifth Grade Haydan Davis Nichols Elementary, Miami Teacher: Jenny Machado To read Haydan’s entry, go to www.okbar.org/lawday

Read the rest of Emma’s entry at www.okbar.org/lawday

728 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Writing Contest Winners

First Place Seventh Grade Zane Gailey Covenant Community School, Good But Not Great Stillwater Teacher: Mrs. Carman The rights of all are protected by one; The 14th Amendment is how it is done. Life, liberty, and property cannot be taken away; For all are given equal protection still today. The laws that we have are made to protect all; What is good for one must be good for all. The 14th Amendment was good but not great; Second Place • Seventh Grade Therefore, there were other amendments to protect people’s fate. Wyatt Hood What we have today is better than some; Oklahoma Christian Academy, Edmond But there is still some work to be done. Teacher: John Staton To read Wyatt’s entry, go to www.okbar.org/lawday

14th Amendment Poem First Place Freedom It is the word Eighth Grade People in our country Would die for. Lexis Nolen It is the thought Kiefer High School & Immigrants would say Junior High, Kiefer Goodbye for. Teacher: Lorrie Quinnelly Freedom is easy to grasp, But not to possess. Some call it The land of opportunity, Others call it home. Just to be naturalized or born here Is a gift itself. Second Place • Eighth Grade As they call it, “The land of the free”, Daniel Allen Where we can live In peace and harmony. St. John’s Episcopal School, Oklahoma City To read Daniel’s entry, go to www.okbar.org/lawday

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 729 Writing Contest Winners

The 14th Amendment’s Role in Segregation and Its Reversal First Place The 14th Amendment of the Constitution has greatly Ninth Grade altered the history of the United States. It was passed July 28, 1868, three years after the Civil War ended. The purpose Katie McQuay of this amendment was to clear up some questions that had Hope Christian Academy, been left unanswered by the 13th Amendment, which had Skiatook officially abolished slavery. The 13th Amendment had not Teacher: Jessica Hall stated any information on the treatment of freed slaves or even whether or not they were U.S. citizens. The 14th Amendment declared that all people born or naturalized in the United States were U.S. citizens and supposed to be treated equally. Clearly, this amendment impacted how white Americans viewed freed slaves at the time and, later on, how they viewed black Americans in general. However, nearly one Second Place • Ninth Grade hundred years after the 14th Amendment was passed, black people were being forced to do almost everything separately Julia Hua from white people in the United States, even to the point Norman North High School, Norman where they were made to drink from separate water foun- Teacher: Steven Knight tains. How could this happen when the 14th Amendment had To read Julia’s entry, go to www.okbar.org/lawday specifically stated that all American citizens would be treated equally? Read the rest of Katie’s entry at www.okbar.org/lawday

What U.S. Supreme Court case has been most important in securing equal protection or due process and why? The Fourteenth Amendment of the United States Constitution states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” It provides that every citizen has the right to be treated equally First Place and fairly. The Constitution is colorblind, but the government is not. In fact, Tenth Grade states, especially those that had been in rebellion during the Civil War, continued to sanction the division of citizens by race through the passage of black codes, sharecropping, and the building of separate facilities. In 1896, Karina Feng segregation was even formally institutionalized by the Supreme Court in Norman North High School, Plessy v. Ferguson. The actual provisions in the Fourteenth Amendment Norman were not achieved until long after its ratification in 1868, with the landmark case Brown v. Board of Education Topeka (1954). Plessy v. Ferguson made the Fourteenth Amendment obsolete. Before Second Place Plessy, states faced some backlash when they enacted segregationist mea- Tenth Grade sures. However, in 1892, Louisiana police arrested Homer Adolph Plessy for violating the Louisiana law of separate train cars based on race. Gabriel Mendelson Read the rest of Karina’s entry at www.okbar.org/lawday Lawton High School, Lawton Teacher: Terrance Freeman To read Gabriel’s entry, go to www.okbar.org/lawday

730 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Writing Contest Winners

Equality for All First Place Eleventh Grade The history of the United States of America is filled with many amazing historical discoveries and events. Our country Johnna Scott has gone through countless changes that have resulted in improvements in our quality of life. The most important, Pawnee High School however, are the decisions that have affected our civil rights. Teacher: Becky Beagle The history of equality for all could begin with the Fourteenth Amendment. This amendment was added to the Constitution in 1868, after the Civil War when our country with struggling with slavery and citizenship. The Fourteenth Amendment states all persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United Second Place • Eleventh Grade States (“14th Amendment”). This was our first small step towards a more equal nation. It would be another eighty-five Kylie Romeros years before the landmark case of Brown v. Board of Educa- Lawton High School tion of Topek, Kansas, would create the spark needed for the Teacher: Terrance Freeman civil rights movement. To read Kylie’s entry, go to www.okbar.org/lawday Read the rest of Johnna’s entry at www.okbar.org/lawday

Due Process

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”– Fourteenth Amendment to the United States Constitution First Place Twelfth Grade In the United States of America, there is a system that protects its citizens from being accused with inaccurate claims or charges. That Tyson Smith system is called due process. Citizens of the United States are under the protection of this system and have the natural right to be innocent Pawnee High School until proven guilty. U.S. Citizens are promised a trial before a jury - Teacher: Myra McCurry before they can be stripped of property, liberty, or life. The U.S. cer tainly is not the first nation to use due process, the subject of due process has been around since 1215 when King John of England Second Place • Twelfth Grade iss{iectclause 39 of the Magna Carta. That English rule set the trend for the U.S. and many other countries across the globe (Due Process Hanna Zapada Clause). Kiefer High School & Junior High Read the rest of Tyson’s entry at www.okbar.org/lawday Teacher: Lorrie Quinnelly To read Hanna’s entry, go to www.okbar.org/lawday

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 731 732 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 County Law Day Chairpersons Adair Garfield Lincoln Pontotoc Jeff Jones Eric Edwards Sarah Bridge Angela Dean 918-696-5889 580-233-3003 405-258-1334 580-332-7200 Beaver Garvin Love Pottawatomie Todd Trippet Philip Morton Judge T. Todd Hicks Nick Atwood 580-625-4597 580-759-0049 580-276-3373 405-275-0700 Blaine Harmon McClain Rogers Judge Mark Moore Mike Warren Law McMeans Tim Wantland 580-623-5025 580-688-2553 479-831-3717 918-341-5973 Canadian Hughes McCurtain Seminole Brian Curtis Chandler Ryan H. Pitts Charlie Rowland Judge Tim Olsen 405-354-5276 405-379-5445 580-298-2525 405-257-3386 Carter Jackson Murray and Melanie Blackburn Brent S. Howard Mark Melton Jack Cadenhead 580-223-2599 580-318-8829 580-369-2376 405-382-6341 Choctaw and Muskogee Sequoyah John Frank Wolf III Grant E. Kincannon Roy D. Tucker Kent Ghahremani 580-326-6427 580-482-7134 918-684-6276 918-775-5900 Cimarron Johnston Okfuskee Stephens George H. Leach Dustin Rowe Don McFarland Carl J. Buckholts 580-544-3624 580-371-9561 918-623-2717 580-252-3240 Cleveland Kay Oklahoma Texas Allyson Dow Sierra Salton Amber Martin Avery Hanes 405-496-5768 903-746-9551 405-236-8888 580-338-6591 Comanche Kingfisher Okmulgee Tulsa Tyler C. Johnson Lance Schneiter Sarai Geary Judge Daman Cantrell 580-248-4675 405-375-4165 918-935-7576 918-596-5390 Craig Kiowa Ottawa Wagoner Jason Seabolt Tom Talley Georgeann Roye Richard Loy Gray Jr. 918-944-8665 580-726-2251 918-430-2210 918-485-2889 Creek Latimer Payne Washington Mark McCullough F. Nils Raunikar Jimmy D. Oliver Jim Elias 918-224-4449 918-465-1000 405-624-8383 918-336-4132 Dewey LeFlore Pittsburg Woodward Judge Rick Bozarth Jolyn Belk Mark E. Fields Erin N. Kirksey 580-328-5371 918-647-8681 918-423-4611 580-256-9000 and Amanda Grant 918-962-2436

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 733 County Bar Association Activities

H Beaver County Bar Association Day T-shirts and will participate in the Ask A The Beaver County Bar Association will Lawyer program from 7-8 p.m. in conjunction participate in the Ask A Lawyer program with the statewide effort to provide free legal from 7-8 p.m. in conjunction with the state- advice. wide effort to provide free legal advice. H Comanche County Bar Association H Blaine County Bar Association The Comanche County Bar Association will The Blaine County Bar Association and the host its annual Law Day Luncheon Thursday, Blaine County Drug Court will celebrate Law April 27, at 11:30 a.m. in the Great Plains Coli- Day by hosting an essay and poster contest. seum Annex Building in Lawton. The keynote The contest will focus on the theme for Law speaker will be Professor Lawrence Hellman, Day – “The 14th Amendment: Transforming dean emeritus, at the OCU School of Law. American Democracy.” Recipients of the Comanche County Bar Asso- ciation scholarships will be recognized and H Canadian County Bar Association the Comanche County Pro Bono Publico The Canadian County Bar Association will Award will be presented. participate in the Ask A Lawyer program The CCBA will also host its annual Law from 6-8 p.m. in conjunction with the state- Day Golf Tournament on May 19 at the Law- wide effort to provide free legal advice. In ton Country Club. The golf tournament is set addition, the CCBA will host a “Favorite for a 10 a.m. shotgun start. If you are interest- American Hero” coloring contest for first- ed in participating in the CCBA Law Day Golf grade students in area schools with winners Tournament or if you have questions, please to be recognized and awarded. contact Golf Tournament Chair Monty H Carter County Bar Association Hightower at 580-355-8920. The Carter County Bar Association will par- The CCBA will also participate in the Ask A ticipate in the Ask A Lawyer program from Lawyer program from 6-8 p.m. in conjunction 6-8 p.m. in conjunction with the statewide with the statewide effort to provide free legal effort provide free legal advice. advice. H Choctaw County Bar Association H Craig County Bar Association The Choctaw County Bar Association will The Craig County Bar Association will host participate in the Ask A Lawyer program its annual Law Day activities April 27. The from 7-8 p.m. in conjunction with the state- Law Day activities will be the annual Ask A wide effort to provide free legal advice. Lawyer event, a Wills, Trusts, Probate and Estate Planning informational seminar for H Cleveland County Bar Association senior citizens (event time and place to be The Cleveland County Bar Association will determined) and a nonperishable food drive to celebrate Law Day by collecting monetary support the local Salvation Army food bank. donations. The proceeds will be donated to For more information about the CCBA Law the Women’s Resource Center in Norman. Day activities or to volunteer, please contact Additionally, the CCBA will be selling Law Law Day Chair Jason Seabolt at 918-944-8665.

734 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 H Garfield County Bar Association Also, the LCBA and PCBA will participate The Garfield County Bar Association will in the Ask A Lawyer program from 6-8 p.m. in celebrate Law Day by participating in the Ask conjunction with the statewide effort to pro- A Lawyer program from 6-8 p.m. in conjunc- vide free legal advice. tion with the statewide effort to provide free H LeFlore County Bar Association legal advice. GCBA members will also speak On April 18, the LeFlore County Bar Associ- at area schools on the constitution and, specif- ation will start its Law Day activities with a ically, the 14th Amendment in honor of this day of service by giving back to the communi- year’s Law Day theme. ty. This year the LCBA will help with various H Harmon County Bar Association projects that need completed at the LeFlore The Harmon County Bar Association will County Museum at Hotel Lowery, located in partner with the Jackson County Bar Associa- downtown Poteau. tion to participate in the Ask A Lawyer pro- Next, on April 27, the LCBA will participate gram from 7-8 p.m. in conjunction with the in the Ask A Lawyer program from 7-8 p.m. in statewide effort to provide free legal advice. conjunction with the statewide effort to pro- H Hughes County Bar Association vide free legal advice. The Hughes County Bar Association will The last event will occur on May 1 and will partner with the Seminole County Bar Associ- be a courthouse tour for fifth-grade students ation to celebrate Law Day. The HCBA and attending school in LeFlore County. In con- SCBA will participate in the Ask A Lawyer junction with the courthouse tour, judges will program, speak to junior high students about preside over mock trials wherein the students the legal profession and host an essay contest, will participate as jurors and also as attorneys. Law Day CLE and Law Day Luncheon. For Members of the bar will be witnesses and help more information, see Seminole County Bar students with their parts in the mock trials. At Association. the conclusion the members of the bar will answer questions about the legal system. H Jackson County Bar Association Highway patrol officers, sheriff’s deputies and The Jackson County Bar Association will the local police department will also be pres- participate in the Ask A Lawyer program from ent to allow the children to look through their 7-8 p.m. in conjunction with the statewide patrol vehicles. effort to provide free legal advice. H Lincoln County Bar Association H Kay County Bar Association The Lincoln County Bar Association will To celebrate Law Day, the Kay County Bar celebrate this year’s Law Day by hosting the Association will invite students to attend a annual Law Day Picnic for local attorneys and courthouse tour at the Kay County Court- courthouse staff on May 5 at the Chandler house in Newkirk on April 27. The tour will Baseball Camp. The association will also host feature lectures from current judges and local fourth-grade students to participate in courthouse staff. The KCBA will also parti- mock trials. The trials will be conducted at the cipate in the Ask A Lawyer program from Lincoln County Courthouse Monday, May 1, 6-8 p.m. in conjunction with the statewide and are open to the public. effort to provide free legal advice. H McClain County Bar Association H Latimer County Bar Association The McClain County Bar Association will The Latimer County Bar Association part- participate in the Ask A Lawyer program from nered with the Pittsburg County Bar Associa- 5-7 p.m. in conjunction with the statewide tion to host a Law Day banquet at Pete’s Place effort to provide free legal advice. in Krebs on April 13. There will also be a golf H Muskogee County Bar Association tournament for members of the local South- eastern Oklahoma County Bar Associations The Muskogee County Bar Association will beginning May 19 at the McAlester Country have a banquet on May 4 from 6-9 p.m. at Club. Three Forks Harbor Event Center in celebration of Law Day. During the banquet, the MCBA will honor its members of 50 years

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 735 or more by distributing their 50-year pins. library’s effort in offering local legal support Tickets are $50 per person. On April 27 from on May 2 from 5-7:30 p.m. 10 a.m.-4 p.m., the MCBA will host a Wills for H Okmulgee County Bar Association Heroes event at Arrowhead Mall. All first responders are eligible if they have an estate The Okmulgee County Bar Association will of less than $600,000. Additionally, a poster conduct educational seminars for students of design contest will be held for fourth- and all ages. Both local judges and lawyers will fifth-grade students at Muskogee Public speak about the 14th Amendment to the mid- School and Hilldale Public Schools. dle schools and high schools in the area. The OCBA will also run a PSA on social media The MCBA will also participate in the Ask A and participate in the Ask A Lawyer program Lawyer program from 5-8 p.m. in conjunction from 7-8 p.m. in conjunction with the state- with the statewide effort to provide free legal wide effort to provide free legal advice. advice. H Ottawa County Bar Association H Noble County Bar Association The Ottawa County Bar Association will The Noble County Bar Association will par- celebrate Law Day by holding a mock trial for ticipate in the Ask A Lawyer program from all of the fourth- and fifth-grade students in 6-8 p.m. in conjunction with the statewide Miami on May 1 at the Ottawa County Court- effort to provide free legal advice. house. The trial will involve a civil suit where H Okfuskee County Bar Association Mr. Wolf sues Little Piggy for damages caused when he came down her chimney into a pot The Okfuskee County Bar Association will of boiling water. Additionally, presentations participate in the Ask A Lawyer program from will be made to fourth- and fifth-grade stu- 7-8 p.m. in conjunction with the statewide dents from Nichols Elementary recognizing effort to provide free legal advice. them for their winning art and essay entries in H Oklahoma County Bar Association the OBA Law Day art and writing contests. The Oklahoma County Bar Association will The OCBA will also participate in the Ask A host the 2017 Law Day Luncheon, which will Lawyer program from 7-8 p.m. in conjunction take place Monday, May 1, at 12 p.m. in the with the statewide effort to provide free legal Skirvin Grand Ballroom. The featured speaker advice. this year will be Judge Clancy Smith, who will H Payne County Bar Association speak on this year’s Law Day theme – “The 14th Amendment: Transforming American Bowling Tournament. The Payne County Democracy.” The Journal Record Award, Lead- Bar Association will host its annual bowling ership in Law Awards, Liberty Bell Award tournament on May 3. Funds raised will be and the Howard K. Berry Sr. Award will be donated to the Stillwater High School Mock presented at the luncheon. Students from the Trial team. Douglass High School Moot Court team will Lawyers in the Library. A pro bono legal be guests and will be placed at various tables advice clinic organized by the PCBA will be to interact with those attending the luncheon. held at the Stillwater Public Library May 5 The centerpieces will be stuffed animals, from 8 a.m.-3 p.m. This clinic will be staffed which will be donated to the Harrah and by members of the PCBA who will give con- Choctaw police departments. Tickets are avail- sultations to community members on a walk- able by calling the OCBA at 405-236-8421. in basis. The Ask A Lawyer Program will take place Ask A Lawyer. The PCBA will participate in Thursday, April 27, at the OETA studio from the Ask A Lawyer program on April 27 from 9 a.m. to 9 p.m. This community service event 7-8 p.m.in conjunction with the statewide allows attorneys to assist the public by giving effort to provide free legal advice. free legal advice over the telephone or via Courthouse Staff Lunch. An appreciation email. To sign up for this event, go to www. lunch will be hosted by the PCBA on May 10 okcbar.org or call Connie Resar at 405-236-8421. for the people who work in the courthouse. The OCBA will also provide pizza at the Local attorney James Murray will prepare a Downtown Metro Library as part of the law barbeque lunch on the courthouse lawn. This

736 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 event is open to everyone who works in the H Seminole County Bar Association courthouse including judges, bailiffs, the dis- As its birthplace, Law Day has always been trict attorney, court clerk, sheriff’s department special in Seminole County, and this year will and all related staff members. be no different. Below is a summary of the Honor Docket. The PCBA will hold an many activities which will take place this year. Honor Docket on May 4. This docket will Ask A Lawyer - April 27. The Seminole allow local attorneys to present awards and County Bar Association will participate in the prizes to the winners of the youth art and Ask A Lawyer program from 7-8 p.m. in con- essay contests. The Hert Scholarship will be junction with the statewide effort to provide presented to an outstanding high school free legal advice. senior to assist with college and the Liberty Bell Award will be given to a member of the School Presentations. SCBA’s young law- community for outstanding civic leadership. yers will speak to county junior high school Also, OBA Past President Garvin A. Isaacs students about the legal profession and the will present a certificate to Payne County 14th Amendment in conjunction with this jurors as part of the statewide Juror Apprecia- year’s theme. Every junior high school in the tion Project. county will host a presentation by a young lawyer. Art, Essay and YouTube Contests. The PCBA hosted a coloring contest for the coun- Essay Contests. The association will host its ty’s first and second graders, a free form art second annual essay contest open to all coun- contest for the county’s third through fifth ty junior high school students and all county graders and an essay and YouTube video con- high school seniors. The association will test for high school students. Winners will award a $500 college scholarship to the win- receive cash prizes and be presented their ning senior essay contestant and a gift certifi- awards at the Law Day Honor Docket May 4. cate to the winning junior high school essay contestant. Law Day Banquet. The PCBA will hold its annual Law Day Banquet on May 9. The key- Law Day CLE - May 3, Seminole County note speaker for the event will be from The Courthouse. The association will hold its Oklahoma Innocence Project and will give an annual Law Day CLE May 3. There will be six update about the recent developments on its hours of CLE (including one hour of ethics) mission to identify and remedy cases of beginning at 8:30 a.m. in the Seminole County wrongful con-victions in Oklahoma. Courthouse in Wewoka. H Pittsburg County Bar Association Law Day Luncheon - May 3, Rudolph Har- grave Community Center. At noon, a Law The Pittsburg County Bar Association part- Day Luncheon will be held at the Rudolph nered with the Latimer County Bar Associa- Hargrave Community Center. Supreme Court tion to host a Law Day banquet at Pete’s Place justices are expected to attend. OBA President in Krebs April 13. There will also be a golf Linda S. Thomas will be the featured speaker. tournament for members of the local South- Essay contest winners and their teachers will eastern Oklahoma County Bar Associations on also be recognized. May 19 at the McAlester Country Club. H Sequoyah County Bar Association Also, the PCBA and LCBA will participate in the Ask A Lawyer program from 6-8 p.m. in The Sequoyah County Bar Association will conjunction with the statewide effort to pro- participate in the Ask A Lawyer program from vide free legal advice. 6-8 p.m. in conjunction with the statewide effort to provide free legal advice. H Pontotoc County Bar Association H Stephens County Bar Association The Pontotoc County Bar Association will participate in the Ask A Lawyer program from The Stephens County Bar Association 7-8 p.m. in conjunction with the statewide will host its annual Law Day Luncheon on effort to provide free legal advice. April 28 at noon at the Duncan Golf and Ten- nis Club. The guest speaker will be Judge David B. Lewis with the Court of Criminal Appeals. The annual James Patterson Memori-

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 737 al Golf Tournament will be held immediately held at the downtown Hyatt, with TU College after the luncheon at the Territory Golf and of Law Professor Tamara Piety to be the key- Country Club. note speaker. The Liberty Bell Award, honor- H Texas County Bar Association ing a nonlawyer’s contribution to the legal system, and the Sandra Day O’Connor Award, The Texas County Bar Association will par- honoring an educator who teaches legal civ- ticipate in the Ask A Lawyer program from ics, will be given to deserving winners. 7-8 p.m. in conjunction with the statewide H effort to provide free legal advice. Washington County Bar Association H Tulsa County Bar Association In celebration of Law Day 2017, the Washington County Bar Association will The Tulsa County Bar Association will cele- participate in the Ask A Lawyer program brate Law Day with a variety of events. On from 6:30-8:30 p.m. in conjunction with the April 27, Dan Crawford and other Tulsa statewide effort to provide free legal advice. County lawyers will host Ask A Lawyer at the WCBA members will also recognize Law Day OETA studio in Tulsa for the 22nd consecutive 2017 with a program presented to area high year. An immigration clinic and Naturaliza- school classes that will include a panel discus- tion Ceremony will be held at various loca- sion on various current legal topics by area tions. Several legal civics programs will be judges and attorneys. held throughout the county, including May 9 H at the Owasso Eighth Grade Center and Tho- Woodward County Bar Association reau Demonstration Academy, where mock The Woodward County Bar Association will trials, discussions of the Constitution and the participate in the Ask A Lawyer program from importance of jury service will be highlighted. 7-8 p.m. in conjunction with the statewide On April 28, the Law Day Luncheon will be effort to provide free legal advice.

Vacancy Announcement FY 17-05 U.S. District Court, Northern District of OK, Tulsa Position - Law Clerk This position reports to Recalled Magis- trate Judge Paul J. Cleary and is located in Tulsa, Oklahoma. The law clerk will work exclusively on Social Security appeals. This work consists of preparing Schedul- ing Orders for Social Security appeals, reviewing the administrative record, and preparing Orders or Reports and Recom- mendations addressing the appellate issues. The option for full-time telework (from any location) is a possibility. The appointment will end on December 31, 2017. See: www.oknd.uscourts.gov for qualifications, salary, job requirements, and information on how to apply.

738 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Oklahoma’s Law Day History Law Day was conceived by the late Hicks great heritage of liberty, justice and equality Epton, a Wewoka attorney who served as under law. It is our moral and civil obligation Oklahoma Bar Association president in 1953. as free men and as Americans to preserve and Before he became president, Mr. Epton served strengthen that great heritage.” as head of the public relations commit- The OBA continued its celebration of tee, and in 1951, he launched one of Know Your Liberties — Know Your the most important public relations Courts Week, but after much hesita- programs ever undertaken by the tion, the decision was made to give OBA: Know Your Liberties — Know up the name in 1960.The change was Your Courts Week. This was one of the made only to take advantage of the last weeks of April dedicated to edu- extensive national publicity given to cating the public about the legal sys- Law Day through the efforts of the tem and celebrating the liberties we American Bar Association. have as Americans. Hicks Epton The first of May was set aside in The Know Your Liberties — Know Your 1961 by a joint resolution of Congress as a Courts Week spread across the nation and “special day of celebration by the American earned two Freedom Foundation awards for people in appreciation of their liberties and the association. the reaffirmation of their loyalty to the United In preparation for the second annual Know States of America” and as an occasion for Your Liberties — Know Your Courts Week, “rededication to the ideals of equality and jus- OBA President John Halley encour- tice under laws.” aged all lawyers to participate. Since the first observance, the Ameri- “Every American should know more can Bar Association, the national vol- about his liberties under the law and untary organization of the legal profes- more about the American court sys- sion, has acted as the national sponsor tem,” Mr. Halley said. “The more they of Law Day. State, county and local bar know about them, the more they will associations organize individual proj- appreciate the American way of life. It ects throughout the country. Many is the responsibility of the lawyer to national organizations also recognize see that the citizens of this country are John Halley Law Day, including the National Edu- given the opportunity to be informed. The cation Association, National Governors’ Asso- goal is worth the effort and if the system fails ciation, United States Conference of Mayors, or the liberties are lost, the responsibility will Boy Scouts and Girl Scouts of America and rest heavily on the legal profession.” civic and services clubs such as Rotary Inter- national and Kiwanis International. In 1958, President Dwight D. Eisenhower established Law Day nationally by presiden- This year the Oklahoma Bar Association tial proclamation. On this occasion, he said, will be celebrating the 66th anniversary of “It is fitting that the American people should Law Day and the 41st Ask A Lawyer event. remember with pride and vigilantly guard the

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 739 Oklahoma Supreme Court Chief Justice Douglas Combs (seated) signs the Law Day Directive after presenting awards to contest winners during the annual ceremony at the state Capitol. Witnessing were (from left) OBA Law Day Co-Chair Albert Hoch, OBA Vice President Jennifer Castillo and Past OBA Law Day Co-Chair Richard Vreeland.

740 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 741 Legal Aid Services of Oklahoma, Inc. presents A SPRING SEMINAR FOR OUR VOLUNTEER ATTORNEYS

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Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 743 SCHOLARLY ARTICLE

That’s a Wrap! Examining the Enforceability of Electronic Agreements By Emilie Blanchard Wedman and Timila S. Rother

he internet has spawned a new breed of contract – one whose terms are made available on the offeror’s website Tand whose acceptance is presumed from some act of the offeree, be it an online purchase, a download or mere continued use of the site. These are “wrap” agreements, and their enforce- ability1 is the subject of a quickly evolving body of law. Even with the proliferation of the internet and its transformation of everyday commercial and consumer transactions, the essential ele- ments of contract formation remain unchanged. Thus, formation of a wrap agreement requires, inter alia, a manifestation of mutu- al assent to its material terms. Wrap agreements present novel issues in this regard because the internet is not conducive to traditional methods of assent such as written signatures, handshakes and oral expressions of agreement.

Online assent issues typically arise in the assent in the online setting. The analysis typi- course of a broader dispute about the particu- cally turns on whether a user or consumer lar product or service offered and accepted (offeree) who later disclaims actual notice of over the internet. Before addressing the under- the disputed terms(s) is nonetheless bound by lying dispute, the court must decide whether virtue of constructive notice. And, because the the offeree agreed to the terms and conditions constructive-notice doctrine is predicated on purporting to govern the transaction. For the acumen of the proverbial “reasonably pru- instance, a recurring scenario involves a chal- dent” offeree,2 the enforceability of a wrap lenge to assent when the proponent of the agreement under this analysis hinges, in large wrap agreement seeks to enforce a provision part, on the reviewing court’s perception of therein mandating arbitration or litigation in a online consumer savviness. While courts have particular forum and/or prohibiting the litiga- notably varied expectations,3 certain patterns tion of claims as a class action. have emerged by which the enforceability of a particular wrap agreement can be discerned Courts have struggled to apply traditional — or at least predicted — by examining its contract principles to discern the existence of characteristics.

744 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 CATEGORIES Positioning and Accessibility of Contract Terms Wrap agreements are broadly categorized as First and of greatest importance, courts either “clickwrap” or “browsewrap.” Click- examine the positioning and accessibility of the wrap agreements are those that require the online contract terms. Because wrap agree- offeree to indicate his or her assent by clicking ments are frequently made available via hyper- an “I agree” icon. Clickwrap agreements are link, the analysis tends to focus on 1) the prox- usually upheld on the theory that the offeree: imity of the hyperlink to the operative site 1) has fair notice of the terms, having been content (e.g., the item or service being pur- forced to confront them as part of the transac- chased, a field required to complete the trans- tion; and 2) affirmatively manifests assent by action or an icon that must be clicked to clicking “I agree.” A “scrollwrap” agreement is advance the transaction) and 2) the frequency a more conclusive type of clickwrap agreement with which it appears. A court is more likely to that requires the offeree to confront all of its enforce a wrap agreement if its terms, or a terms by physically scrolling through the hyperlink thereto, are positioned near the entirety of the online contract before affirming operative site content and/or appear on suc- his or her agreement.4 cessive pages throughout the transaction. In contrast to clickwrap agree- By contrast, a court is unlikely ments, browsewrap agreements to find sufficient notice if the do not require affirmative con- By contrast, a wrap agreement or hyperlink duct to evidence the offeree’s con- thereto is buried among other sent to its terms and conditions. court is unlikely links on the webpage, or if scroll- The contract terms are available, to find sufficient ing or successive clicking is usually by hyperlink, somewhere required to access it. The leading case on this point is Specht v. on the website, where the offeree notice if the wrap Netscape Commc’ns Corp.8 At may (but is not required to) navi- issue in Specht was whether gate prior to effecting assent. agreement or plaintiffs assented to licensing Courts are more skeptical of hyperlink thereto is terms when they downloaded a browsewrap agreements because buried among other free software plug-in. The invita- the offeree is not forced to con- tion to download the plug-in front the terms and conditions links on the was “located at or near the bot- governing the transaction. Ulti- tom of [the] screen,” but notice mately, constructive notice of webpage, or if of the licensing terms “was browsewrap terms depends on scrolling or located in text that would have “the design and content of the become visible to plaintiffs only website and the agreement’s web- successive clicking if they had scrolled down to the 5 page.” is required to next screen.”9 The 2nd Circuit ENFORCEABILITY held that notice was inadequate, access it. reasoning that, while the users While the clickwrap and “may have been aware that an browsewrap labels provide a unexplored portion of the … helpful framework for analysis, webpage remained below the wrap agreements cannot always be neatly cat- download button,” they would not necessarily egorized as either clickwrap or browsewrap, have concluded “that th[e] [unexplored] por- and indeed, courts are increasingly encounter- tion contained a notice of license terms.”10 ing hybrid forms that exhibit characteristics of both.6 Ultimately, the label does not matter Since Specht, courts have uniformly held that notice of wrap terms is insufficient if it is not because the underlying inquiry is the same: 11 whether the wrap agreement (or hyperlink viewable except by scrolling or clicking. embodying it) is sufficiently conspicuous — Courts have likewise refused to enforce wrap i.e., whether a reasonably prudent offeree terms that are “buried” in the text of the webpage. would have had fair notice of its terms.7 In making this determination, courts consider the Characteristics of the Text following factors: Courts also consider the characteristics of the text containing the wrap terms (again, usually

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 745 a hyperlink), including its font, size, color and conspicuousness of the terms, or a hyperlink whether it appears bolded, underlined or in thereto, will improve the likelihood of enforce- “all caps.” Not surprisingly, notice is likely to ability. The absence of these features will be the be held sufficient where the text draws the focus of challenges to agreements already attention of the offeree or otherwise stands out “wrapped up” in litigation, driving significant, from the rest of the site content.13 Notice is sometimes, outcome-determinative, issues likely to be held insufficient where the text is such as the forum for resolution of a particular indistinguishable from and simply blends in dispute or the plaintiff’s ability to litigate with the rest of the site content.14 This is par- claims as a class action. ticularly true where notice of wrap terms is Though the internet has exposed courts to inconspicuous in relation to fields or icons novel commercial situations, “it has not funda- required to advance or complete the transac- mentally changed the principles of contract.”21 tion. For instance, in Berkson v. Gogo LLC,15 the Thus, even with the many advances in technol- court considered not only the characteristics of ogy, the enforceability of online agreements the hyperlinked terms, but also the characteris- ultimately “boils down to … notice and in- tics of the “sign in” feature that permitted formed assent with respect to the terms in users to enter the site. The court held that question.”22 That’s a wrap! notice of the wrap terms was inadequate when compared to the sign-in feature: the hyperlink 1. Enforceability is used herein as shorthand to indicate the forma- to the terms was “not in large font, all caps, or tion of a binding, enforceable agreement. 2. See, e.g., Schnabel v. Trilegiant Corp., 697 F.3d 110, 120 (2d Cir. in bold,” whereas the “sign in” feature was 2012). “very user-friendly and obvious, appearing in 3. See Berkson v. Gogo LLC, 97 F. Supp. 3d 359, 400-03 (E.D.N.Y. 2015) (criticizing Fjeta court for overestimating the online sophistication of all caps, in a clearly delineated box in both the the “reasonable person” by “presuppos[ing] intensive and extensive upper right hand and lower left hand corners use of the internet”). of the homepage.”16 4. Berkson, 97 F. Supp. 3d at 395. 5. Nguyen v. Barnes & Noble Inc., 763 F.3d 1171, 1177 (9th Cir. 2014). 6. See Fteja v. Facebook, Inc., 841 F. Supp. 2d 829, 838 (S.D.N.Y. 2012) Sophistication of the Offeree (“Facebook’s Terms of Use are somewhat like a browsewrap agreement in that the terms are only visible via a hyperlink, but also some- Finally, courts assess the relative sophistica- what like a clickwrap agreement in that the user must do something tion of the offeree. A court is far more likely to else — click “Sign Up” — to assent to the hyperlinked terms”); Craw- ford v. Beachbody, LLC, No. 14CV1583-GPC KSC, 2014 WL 6606563, at *3 impute constructive knowledge of a wrap (S.D. Cal. Nov. 5, 2014) (observing that the case “involve[d] a modified agreement to a business customer or a frequent or hybrid clickwrap/browsewrap agreement). 7. Barnes & Noble Inc., 763 F.3d at 1177. user of a particular website or of the internet 8. 306 F.3d 17 (2d Cir. 2002). 17 generally. At least one court has called for 9. Id. at 23 (emphasis added). “limited discovery” to determine the plaintiff’s 10. Id. at 32. 11. See Van Tassell v. United Mktg. Grp., LLC, 795 F. Supp. 2d 770, 792 “background and experience and what he (N.D. Ill. 2011) (notice insufficient where consumer had to engage in a knew about ordering from a computer.”18 “multi-step process” of scrolling and clicking to access Conditions of Use); Hines, 668 F.Supp.2d at 367 (E.D. N.Y. 2009) (notice insufficient CONCLUSION where plaintiff “could not even see the link to [the terms and conditions] without scrolling down to the bottom of the screen — an action that was not required to effectuate her purchase”). While the above-described factors are not 12. In re Zappos.com, 893 F.Supp.2d at 1064 (D. Nev. 2012) (notice exhaustive, they do tend to drive courts’ analy- insufficient where Terms of Use were “inconspicuous, buried in the sis in determining the sufficiency of assent. The middle to bottom of every ... webpage among many other links, and the website never direct[ed] a user to the Terms of Use.”); Cvent, Inc. v. cases teach that the best practice for drafting an Eventbrite, Inc., 739 F.Supp.2d 927, 937–38 (E.D. Va. 2010) (notice insuf- enforceable online contract is utilization of a ficient where terms and conditions only appeared “via a link buried at the bottom of the first page”). clickwrap process that requires the offeree to 13. See, e.g., Cullinane, 2016 WL 3751652 at *2 (notice sufficient affirmatively assent to its terms by clicking an where “[t]he words ‘Terms of Service & Privacy Policy’ appear[ed] in bold white lettering on a black background, and [were] surrounded by “I agree” icon. If the entire agreement cannot a gray box, indicating a button,” while “[t]he other words [were] in be viewed on one screen, implementation of a gray lettering”); Crawford, 2014 WL 6606563 at *1 (notice sufficient based in part on the color contrast between the words “Terms and scrollwrap feature — whereby the offeree must Conditions,” which appeared in blue font, and the surrounding lan- physically scroll or click through each page of guage, which appeared in grey font). the contract to advance to the next screen or 14. See, e.g., In re Zappos, 893 F. Supp. 2d at 1064 (notice insufficient where hyperlink to terms of service was “the same size, font, and color continue using the site — will enhance the like- as most other non-significant links”). lihood of enforceability.19 Though not per se 15. 97 F. Supp. 3d 359 (E.D.N.Y. 2015). 20 16. Berkson, 97 F. Supp. 3d at 404. enforceable, clickwrap agreements (and par- 17. See Register.com, Inc. v. Verio, Inc., 356 F.3d 393, 401 (2d Cir. 2004) ticularly, scrollwrap agreements) are rarely (imputing knowledge of website’s terms of use to repeated user of site); Salameno v. Gogo Inc., No. 16-CV-0487, 2016 WL 3688435, at *5-6 held insufficient to afford notice. If a browse- (E.D.N.Y. July 7, 2016) (same); Specht, 306 F.3d at 35 (refusing to impute wrap or hybrid process must be utilized, the knowledge of website’s license terms based on a single download”);

746 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Fteja v. Facebook, Inc., 841 F. Supp. 2d 829, 836 (S.D.N.Y. 2012) (noting that courts are more likely to enforce browsewrap agreements against About The AuthorS businesses rather than individual consumers); Cairo, 2005 WL 756610 at *5 (same). 18. Berkson, 97 F. Supp. 3d at 403. But see Nguyen v. Barnes & Noble Emilie Blanchard Wedman is an Inc., 763 F.3d 1171, 1179 (9th Cir. 2014) (rejecting “[Defendant’s] argu- associate attorney with Crowe & ment that [Plaintiff’s] familiarity with other websites governed by similar browsewrap terms ... gives rise to an inference of constructive Dunlevy PC, where she practices notice”; noting that “[w]hether [Plaintiff] has experience with the in the firm’s litigation and trial and browsewrap agreements found on other websites such as Facebook, LinkedIn, MySpace, or Twitter, has no bearing on whether he had appellate practice groups. Her constructive notice of [Defendant’s] Terms of Use”). practice focuses primarily on com- 19. Berkson, 97 F. Supp. 3d at 395. 20. Berkson, 97 F. Supp. 3d at 397. mercial litigation, including con- 21. Register.com, 356 F.3d at 403. tract and lien disputes, insurance, 22. Cullinane, 2016 WL 3751652 at *5. tort liability and class actions. Prior to joining Crowe & Dunlevy, she served as a law clerk to Judge Robert E. Bacharach on the 10th Circuit Court of Appeals.

Timila Rother is a litigation attorney with Crowe & Dunlevy PC and is president and CEO of the firm. Prior to being president, she served 15 years as Crowe & Dun- levy’s loss prevention counsel. She has served as a member of the Oklahoma Legal Ethics Advisory Panel and is on the OBA Profes- sionalism Committee. The emphasis of her legal practice is commercial litigation, including insurance and class action litigation, as well as professional liability and healthcare litigation.

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Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 747 MAY 5, 9 a.m. - 2:50 p.m.

748 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 SCHOLARLY ARTICLE

The L in Triple LTs: The Limited Nature of Licenses for Legal Technicians By Michael Speck LLTs, what are they? Where are they? How many of them are there? An LLLT is a limited licensed legal technician; Lthey are not an attorney, but are licensed to practice law in a limited capacity. Washington was the first state to adopt the LLLT model and remains the only state to grant any limited licenses to legal technicians. In early 2015, Washington granted licenses to seven LLLTs (grandfathered in, having at least 10 years of practice). In the fall of 2015, 15 more applicants sat for the LLLT exam in Washington with 10 applicants passing the exam.1 There are likely no more than 22 LLLTs (or the equivalent) in the country, all of them in the state of Washington.2

Why did Washington mess with what wasn’t In its June 2012 order, the court explained its working and create LLLTs?3 In 2001, the Wash- rationale for adopting APR 28: ington State Supreme Court created a Task The practice of law is a professional calling Force on Civil Equal Justice Funding to assess that requires competence, experience, ac- the civil legal needs of low-income individuals countability and oversight. [Limited] Li- and to recommend ways the state might help cense Legal Technicians are not lawyers. to meet those needs. The task force conducted They are prohibited from engaging in most The Civil Legal Needs Study (study),4 which activities that lawyers have been trained to examined the best practices identified in both a provide. They are, under the rule adopted national study published by the American Bar today, authorized to engage in very dis- Association in 19995 and Oregon’s 2000 “Assess- crete, limited scope and limited function ment of Legal Needs.”6 The task force commis- activities. Many individuals will need far sioned a field survey of in-depth interviews and more help than the limited scope of law a telephone survey of randomly chosen house- related activities that a limited license legal holds. The study results indicated that civil technician will be able to offer. These peo- legal needs in low-income populations were not ple must still seek help from an attorney. being adequately met. One of the major reasons But there are people who need only limited given by the study participants for not seeking levels of assistance that can be provided by legal assistance was the lack of affordable legal non-lawyers trained and within the frame- services. The study reports that this lack of work of the regulatory system developed affordable services led to the creation of a sec- by the Practice of Law Board. This assis- ondary market of unregulated, untrained and tance should be available and affordable. unsupervised legal practitioners. Our system of justice requires it.7

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 749 Who is qualified to become a Washington • Lawyer RPC 1.15A(a) contemplates that LLLT? To become a limited license legal techni- lawyers may act as escrow agents for the cian, candidates must: closing of a purchase and sale of real estate or personal property, a practice area that is • Obtain an associate’s degree or higher; not contemplated by APR 28. Accordingly, • Complete 45 credit hours of core curricu- there is no counterpart in this LLLT RPC to lum through an American Bar Association- lawyer RPC 1.15A(a)(2). approved legal program; • Lawyer RPC 2.3 pertains to a lawyer pro- • Complete applicable practice area courses viding an evaluation of a matter affecting a (e.g. family law) offered through the Uni- client for the use of someone other than the versity of Washington School of Law; client. Unlike lawyers, LLLTs are not authorized to communicate the client’s position • Complete 3,000 hours of paralegal experi- to third parties. Drafting an opinion letter ence involving substantive legal work in for the purposes of its use with a third any practice area under the supervision of party is the same as communicating the cli- a lawyer; and ent’s position to a third party and is pro- • Take and pass the Legal Technician Exam.8 hibited by APR 28(H)(6).10 These qualifications are considerable, even Every LLLT is required to show proof of abil- described as “onerous” by Tulsa Business and ity to respond in damages resulting from his or Legal News correspondent Ralph Schaefer. her acts or omissions in the performance of services permitted under APR 28 by submitting What rules must LLLTs follow? On Jan. 8, 1) an individual professional liability insurance 2015, the Washington State Supreme Court policy in the amount of at least $100,000 per adopted the Limited License Legal Technician claim and a $300,000 annual aggregate limit; 2) a Rules of Professional Conduct (LLLT RPC), professional liability insurance policy of the which became effective Feb. 3, 2015. Many of employer or the parent company of the employ- the LLLT RPC were adopted from the RPC er who has agreed to provide coverage for the regulating attorneys, either applying analo- LLLT’s ability to respond in damages in the gously or as modified to reflect the limits on amount of at least $100,000 per claim and a LLLT’s practice. The preamble to the LLLT $300,000 annual aggregate limit; or 3) proof of RPC begins with: indemnification by the LLLT’s government 11 An LLLT is authorized to provide limited employer. legal services that lie within the scope of A Washington LLLT is subject to the same the practice that the LLLT is licensed to rules of professional conduct as an attorney, undertake. Within that scope, an LLLT is a with the exception of those modified to reflect member of the legal profession, is a repre- the limited nature of the license. LLLTs are sentative of clients, and has a special required to contract with their clients and spe- responsibility for the quality of justice. cifically state the limits of the work that can be Comments to the preamble include: done. LLLTs are also required to submit proof of financial responsibility. Subject to these strict The Rules of Professional Conduct for qualifications and rules, what may an LLLT do LLLTs are modeled on Washington’s Rules for a client? Under current Washington State of Professional Conduct for lawyers (law- Supreme Court authorization, legal technicians yer RPC). The structure of these Rules, like may advise clients in only one area of practice the Lawyer RPC, generally parallels the — family law. LLLTs can, in working with cli- structure of the American Bar Association’s ents on family law matters: Model Rules of Professional Conduct. • Obtain relevant facts and explain the rele- Examples of modified RPC include: vancy of such information to the client; • LLLT RPC 1.13, which is inapplicable to • Inform the client of applicable procedures, LLLTs as the authorized scope of an LLLT including deadlines, documents which practice does not currently “contemplate must be filed and the anticipated course of representation of an organization.” the legal proceeding;

750 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 • Inform the client of applicable procedures initiate or respond to an appeal to an appellate for proper service of process and filing of court.13 legal documents; LLLTs have an affirmative duty to inform • Provide the client with self-help materials clients when issues arise that are beyond the prepared by a Washington lawyer or limited scope of the LLLT’s practice and to approved by the board that contain infor- inform the client in writing that: mation about relevant legal requirements, case law basis for the client’s claim and • The issue may exist, describing in general venue and jurisdiction requirements; terms the nature of the issue; • Review documents or exhibits that the cli- • The LLLT is not authorized to advise or ent has received from the opposing party assist on this issue; and explain them to the client; • The failure to obtain a lawyer’s advice • Select, complete, file and effect service of could be adverse to the client’s interests; forms that have been approved by the state and of Washington, either through a governmental agency or by the Administrative • The client should consult with a lawyer to Office of the Courts or the content of which obtain appropriate advice and documents 14 is specified by statute, federal forms, forms necessary to protect the client’s interests. prepared by a Washington lawyer or forms In addition to these limitations on a LLLT’s approved by the board and advise the cli- practice, there are several applicable prohibi- ent of the significance of the selected forms tions. LLLTs may not: to the client’s case; • Make any statement that the limited • Perform legal research; licensed legal technician can or will obtain • Draft legal letters and documents beyond special favors from, or has special influ- what is permitted in paragraph six (see ence, with any court or governmental two bullet points above), if the work is agency; reviewed and approved by a Washington • Retain any fees or costs for services not lawyer; performed; • Advise a client as to other documents that may be necessary to the client’s case and • Refuse to return documents supplied by, explain how such additional documents or prepared by or paid for by the client upon pleadings may affect the client’s case; and the request of the client. These documents must be returned upon request even if • Assist the client in obtaining necessary there is a fee dispute between the limited documents or records, such as birth, death licensed legal technician and the client; or marriage certificates.12 • Represent or advertise, in connection with The short list of work that an LLLT can per- the provision of services, other legal titles or form for a client must arise under specified credentials that could cause a client to conditions. First, an LLLT must have a princi- believe the limited licensed legal technician pal place of business, with a physical address possesses professional legal skills beyond for the acceptance of service of process, within the state of Washington. The services autho- those authorized by the license held by the rized shall not be delegated to a nonlicensed limited licensed legal technician; person. A contract must be the first step to an • Represent a client in court proceedings, LLLT-client relationship. The contract must formal administrative adjudicative pro- specifically explain the services to be per- ceedings or other formal dispute resolution formed, the fact that the LLLT is not a lawyer processes unless permitted by GR 24; and may only provide limited services, a clear statement about the LLLT’s responsibility to • Negotiate the client’s legal rights or respon- protect the client’s confidentiality and a state- sibilities, communicate with another per- ment allowing the client to terminate the work- son the client’s position or convey to the ing relationship at any time, entitling the client client the position of another party unless to a full refund of all unearned fees shall not permitted by GR 24(b);

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 751 • Provide services to a client in connection • Major parenting plan modifications unless with a legal matter in another state unless the terms were agreed to by the parties permitted by the laws of that state to per- before the onset of the representation by form such services for the client; and the LLLT; • Represent or otherwise provide legal or • The determination of Uniform Child Cus- law-related services to a client, except as tody Jurisdiction and Enforcement Act permitted by law, this rule or associated issues under RCW 26.27 or Uniform Inter- rules and regulations.15 state Family Support Act issues under RCW 26.21(A) unless and until jurisdiction These general parameters of an LLLT’s prac- has been resolved; tice are restricted further still as the only practice area authorized by the LLLT RPC is a very • Objections to relocation petitions, respons- limited practice in family law or domestic rela- es to objections to relocation petitions or tions.16 Of course LLLTs cannot represent more temporary orders in relocation actions; and than one party in any domestic relations mat- • Final revised parenting plans in relocation ter, but LLLTs are also prohibited from provid- actions except in the event of default or ing legal services in de facto parentage or non- where the terms have been agreed to by the parental custody actions, and where 25 U.S.C. parties.17 Chapter 21, the Indian Child Welfare Act or RCW 13.38, the Washington State LLLTs are also expressly prohib- Indian Child Welfare Act, applies ited from appearing or participat- to the matter. Also, LLLTs cannot ing in the taking of a deposition or advise or assist clients regarding: …the only initiating or responding to an appeal to an appellate court.18 • Division of owned real estate, practice area formal business entities or Now that nonattorneys may, in retirement assets that require authorized by the a very limited way and subject to a supplemental order to district regulation, provide legal vide and award, which in- LLLT RPC is a very services in Washington, the mar- cludes division of all defined limited practice ket there will change to reflect benefit plans and defined new relationships among service contribution plans; in family law providers and their clients. In April of this year, the WA RPC • Bankruptcy, including obtain- or domestic were amended to clarify the lim- ing a stay from bankruptcy; relations. its upon business relationships • Disposition of debt and assets between an attorney and an if one party is in bankruptcy LLLT. Under Washington’s Rule or files a bankruptcy during 5.9,19 a lawyer may: the pendency of the proceed- • Share fees with an LLLT who is in the same ing unless a) the LLLT’s client has retained firm as the lawyer; a lawyer to represent them in the bankruptcy, b) the client has consulted with a • Form a partnership with an LLLT where lawyer and the lawyer has provided writ- the activities of the partnership consist of ten instructions for the LLLT as to whether the practice of law; or and how to proceed regarding the division of debts and assets in the domestic rela- • Practice with, or in the form of, a profes- tions proceeding or c) the bankruptcy has sional corporation, association or other been discharged; business structure authorized to practice law for a profit in which an LLLT owns an • Anti-harassment orders, criminal no con- interest or serves as a corporate director or tact orders, anti-stalking orders and sexual officer or occupies a position of similar assault protection orders in domestic vio- responsibility. lence actions; A lawyer and an LLLT may practice in a • Jointly acquired committed intimate rela- jointly owned firm or other business structure tionship property issues in committed inti- authorized by paragraph (a) of Rule 5.9 only if: mate domestic relationship actions;

752 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 • LLLTs do not direct or regulate any law- Regulatory Objectives for the Provision of yer’s professional judgment in rendering Legal Services when they assess the court’s legal services; existing regulatory framework and any other regulations they may choose to • LLLTs have no direct supervisory authority develop concerning non-traditional legal over any lawyer; service providers. • LLLTs do not possess a majority ownership FURTHER RESOLVED, That nothing con- interest or exercise controlling managerial tained in this Resolution abrogates in any authority in the firm; and manner existing ABA policy prohibiting • L awyers with managerial authority in the non lawyer ownership of law firms or the firm expressly undertake responsibility core values adopted 30 by the House of for the conduct of LLLT partners or own- Delegates.24 ers to the same extent they are responsible Would Oklahoma ever consider the LLLT for the conduct of lawyers in the firm model?25 I submit that we should at least study under Rule 5.1.20 the possibility. There is much work to be done Is the Washington LLLT experiment a glimpse in improving the access to justice for Oklaho- of things to come? The winds of change are mans. Oklahoma ranked 50th in the composite stirring. Perhaps allowing nonlawyers to pro- index set forth in the 2014 Justice Index com- vide limited legal services will help the profes- piled by National Center for Access to Justice sion, as well as the public we serve.21 This is an (NCAJ).26 The NCAJ is a project of the Cardozo intermediate step to, or one of many changes in School of Law. The NCAJ index is “a snapshot lieu of, deregulation of the profession.22 In the of the degree to which certain selected best spring of this year, the ABA published an practices for ensuring access to the civil and ostensible position paper discussing the pros criminal justice systems have been adopted and cons of the alternative business structures across the country.”27 It also “shows the num- for law firms, including empirical data from ber of these attorneys for every 10,000 people jurisdictions who have adopted the ABA Model in poverty in each state” as well as “the num- Rules of Professional Conduct. No conclusion ber of all attorneys per 10,000 people (not in was reached, and input from the membership poverty) in each state.”28 has been sought; however, the ABA acknowl- According to the NCAJ index, Oklahoma has edged the Washington LLLT rules created an 0.73 attorneys for every 10,000 people living in ABS for Washington law firms: poverty and 35.28 attorneys per 10,000 people. Washington State also permits a form of As to the number of attorneys for every 10,000 nonlawyer ownership. The Washington people living in poverty, more than 30 states Supreme Court recently created the Limit- are better situated than Oklahoma.29 The NCAJ ed License Legal Technician (LLLT), the reports more than 80 percent of the litigants in first independent paraprofessional in the the courts of the various states appear pro se United States that is licensed to give legal “in matters as important as evictions, mort- advice. On March 23, 2015, the Washington gage foreclosures, child custody and child sup- Supreme Court issued a new rule permit- port proceedings, and debt collection cases.”30 ting LLLTs to own a minority interest in This appears to indicate that a paucity of legal law firms. As a result, Washington State representation for poor persons is a national falls into the first category of ABS described problem, and that we in Oklahoma have yet to above, except that ownership by nonlaw- rise to the average, and yet inadequate, re- yers is limited to LLLTs.23 sponse to the need. This position paper is consistent with ABA It is evident there are unmet legal needs for Resolution 105, which creates “model regula- economically disadvantaged Oklahomans.31 tory objectives” for the provision of nontradi- Where a market need requires specialized tional legal services and states in relevant part: training, those who fill in the gaps “often can harm vulnerable consumer populations.” In FURTHER RESOLVED, That the American the afore-quoted article, titled “The Washing- Bar Association urges that each state’s ton State Limited License Legal Technician highest court, and those of each territory Practice Rule: A National First in Access to and tribe, be guided by the ABA Model Justice,” Brooks Holland an associate professor

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 753 of law at Gonzaga University School of Law, unmet legal needs which exceed the limited cites a letter from Washington Practice of Law scope of the OFLA, a problem which may soon Board to Washington State Supreme Court, at be exacerbated by drastic budget cuts to Legal page 2 (Oct. 27, 2010) (on file with said author), Services Corporation. Reduced-fee and pro which she describes as “explaining that a bono services providing representation to ‘thriving market for non-attorney legal services Oklahomans in need may soon feel the pain . . . operates in Washington — with little to no associated with proposed drastic budgets cuts oversight.’” to Legal Services Corporation.35 Perhaps these shortcomings can be addressed in part by non- When a legal crisis arises, [persons in need] lawyers trained and within the framework of either must try to handle it themselves, the existing regulatory system. without any understanding of the legal framework involved, or turn to unregulat- When considering further nonlawyer repre- ed “paralegals” or others offering their ser- sentation such as the LLLT model, we should vices. Increasingly, people of limited means seek answers to the previously alluded to empir- are being victimized by unscrupulous indi- ical questions, such as: To what extent, and in viduals providing ineffective and sometimes what settings, are nonlawyer representatives unethical services to the desperate. These effective? Under what circumstances would individuals claim to have the expertise to nonlawyer representation create more harm provide legal assistance, at a price. Although than good? In what instances can the legal needs this situation has proliferated in several of citizens be successfully identified and met by areas of practice, it seems most rampant the parties themselves, with or without the lim- with regard to family law and . . . with unli- ited assistance of legal professionals?36 censed “notario” services.32 If the data indicates that nonlawyer represen- Analogs exist in Oklahoma as evidenced by tation has been effective thus far, why wouldn’t such websites as: we consider LLLTs as one means of improving access to justice? If this form of assistance, • myoklahomadivorce.com; properly regulated, is both effective and afford- • paylessdivorceok.com; and able, shouldn’t we study it as one of many • oklahomadivorceform.com. tools? In our efforts to improve the access our These websites indicate that the services adver- fellow Oklahomans have to their system of tised are not legal services, and that documents justice, shouldn’t we examine any and all provided and/or completed are for use by pro options which are elsewhere successful?37 To se litigants. I make no representation regarding paraphrase the Washington Supreme Court in the scruples of these service providers or the its order creating the first LLLT rules in the efficacy of their work. These are empirical country, there are many Oklahomans who questions which are beyond the scope of this need only limited levels of assistance. It may article. well be that affordable assistance can be provided by trained nonlawyers within the frame- It is clear there are people in Oklahoma who work of the existing regulatory system. Our need only limited levels of assistance, and that system of justice and our duty to our fellow these needs are falling through the gaps in our citizens requires that we leave nothing on the system of justice. While the Oklahoma Rules of conference table. Professional Conduct allow for limited scope 33 representation, the flexibility afforded to 1. See www.wsba.org/Licensing-and-Lawyer-Conduct/Limited- Oklahoma attorneys has not eliminated the Licenses/Legal-Technicians/Legal-Technician-FAQs. Note that this is not an exhaustive account of the status of LLLT, navigator and docu- market served by unregulated service provid- ment preparer or similar programs in various stages of consideration ers. In the fall of 2016, Oklahoma, with the or development among the various states. My purpose here is to relay to the members of the Oklahoma Bar Association a brief account of leadership of the Oklahoma Supreme Court’s Washington’s LLLT rule, which grants limited licenses to qualified Access to Justice Commission and the Oklaho- paralegals. ma Bar Association, participated in the launch 2. There were, as of March 8, 2017, 20 LLLTs identified in the Wash- ington Legal Technicians Directory located at www.wsba.org/Licensing- of the ABA’s national pro bono website. Okla- and-Lawyer-Conduct/Limited-Licenses/Legal-Technicians/Directory. homa Free Legal Answers (OFLA) will permit 3. These comments build upon an article published in the Tulsa Lawyer in June 2013 titled “Paralegals and the Access to Justice: Wash- citizens with limited income to submit ques- ington’s Limited License Legal Technicians Give Us Food for Thought” tions to lawyers who have volunteered their by Michael Speck and Christina Smith. 34 4. See ocla.wa.gov/wp-content/uploads/2015/06/CLNS14-Execu time. Even with online access to free legal utive-Report-05-28-2015-FINAL1.pdf. This study was updated in 2015, advice, there will likely remain significant based upon research done in the Social and Economic Sciences

754 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Research Center (SESRC) at Washington State University during the 27. See www.justiceindex.org/findings/#sthash.d862tcA8.dpuf. summer and fall of 2014, prior to the licensure of the first LLLTs. See 28. See www.justiceindex.org/methodology/#sthash.TVx81BkZ.dpuf. also ocla.wa.gov/wp-content/uploads/2015/10/CivilLegalNeedsStudy_ 29. See www.justiceindex.org/findings/attorney-access/. October2015_V21_Final10_14_15.pdf. 30. See www.justiceindex.org/findings/self-represented-litigants/ 5. See www.americanbar.org/content/dam/aba/administrative/ #sthash.rlJhzx82.dpuf. legal_aid_indigent_defendants/downloads/agendaforaccess. 31. In 2016, the Oklahoma Supreme Court’s Access to Justice Com- authcheckdam.pdf. mission commissioned a legal needs study to be conducted by Legal 6. See www.osbar.org/_docs/resources/legalneedsreport.pdf. Aid Services of Oklahoma, with funding provided by the American 7. The Civil Legal Needs Study, published by Washington State Bar Association, and with the assistance of faculty from OSU. That Supreme Court, Task Force on Civil Equal Justice Funding (2003), www. study will better define the nature and extent of these unmet legal courts.wa.gov/newsinfo/content/taskforce/CivilLegalNeeds.pdf. needs in Oklahoma. 8. See WA APR 28(D), www.wsba.org/~/media/Files/Licensing_ 32. See “The Washington State Limited License Legal Technician Lawyer%20Conduct/LLLT/APR%2028%20and%20Regs%203-31- Practice Rule: A National First in Access to Justice,” by Brooks Hol- 2015.ashx. land, 82 MISS. L.J. SUPRA 75, 90 (2013), mississippilawjournal.org/ 9. See www.tulsaworld.com/business/tulsabusiness/business_ wp-content/uploads/2013/02/3_Holland_Final.pdf. news/legalnewsfeatures/triple-lt-rules-onerous/article_5e8cbba3- 33. See Rule 1.2 Comments 5-8. 535f-57a2-95a7-7f54b92e2071.html. 34. See oklahoma.freelegalanswers.org/ and Michael Speck, “Free 10. See the LLLT RPC, www.wsba.org/~/media/Files/Licensing_ Legal Answers in Oklahoma,” September 2016. Lawyer%20Conduct/LLLT/2015-02-03%20LLLT%20RPC.ashx. 35. Legal Aid Services of Oklahoma Inc. and Oklahoma Indian 11. See WA APR 28 Regulation 12, Supreme Court of Washington Legal Services have received over $5 million a year in basic field fund- Order No. 25700-A-1005 and the WSBA Legal Technician Program FAQs ing from Legal Services Corporation since 2013, including $5,096,816 in at: www.wsba.org/~/media/Files/Licensing_Lawyer%20Conduct/ 2016. See www.lsc.gov/state-profile?st=OK&Printable=True. See also LLLT/20120615%20SCt%20Order%20%20Legal%20Technician%20Rule. reports indicating that the current administration is “eyeing the elimi- ashx and www.wsba.org/Licensing-and-Lawyer-Conduct/Limited- nation of LSC as part of the 2017 Federal Budget.” www.njlawjournal. Licenses/Legal-Technicians/Legal-Technician-FAQs. com/id=1202777693184/Legal-Services-Worried-That-Trump-Will- 12. See WA APR 28(F). Take-Ax-to-Agency. 13. See WA APR 28(F). 36. Professor Anna Carpenter of the TU School Of Law’s Lobeck 14. See WA APR 28(A). Taylor Family Advocacy Clinic is a co-author of forthcoming articles 15. See WA APR 28(H). which will discuss these and other empirical questions. 16. See WA APR 28 Regulation 2(B). 37. In its report and recommendations published Nov. 18, 2015, the 17. See WA APR 28 Regulation 2(B)(3). Utah Supreme Court Task Force to Examine Limited Legal Licensing 18. Id. summarizes the characteristics of limited licensing in Arizona (Docu- 19. See www.courts.wa.gov/court_rules/?fa=court_rules.list& ment Preparers), California (LLLTs or analog to same under consider- group= ga&set=RPC. ation), Colorado (LLLTs or analog to same under consideration), Florida 20. See Rule 5.9 of Washington State Court Rules: Rules of Profes- (Legal Document Preparers), Louisiana (Notary Publics), Nevada (Docu- sional Conduct. ment Preparers), Oregon (LLLTs or analog to same under consideration), 21. See “News Analysis: Allowing Non-Lawyers to Provide Legal and Washington (discussed at length herein) and mentions preliminary Services Could Help Profession” by Erin Arvelund, June 7, 2016 at: efforts in Connecticut and Massachusetts. See www.utcourts.gov/com- legalexecutiveinstitute.com/allowing-non-lawyers-provide-legal- mittees/limited_legal/Supreme%20Court%20Task%20Force%20 services/ to%20Examine%20Limited%20Legal%20Licensing.pdf. Court naviga- 22. See “Should the US Eliminate Entry Barriers to the Practice of tors, nonattorney representatives before state and federal administra- Law? Perspectives Shaped by Industry Deregulation,” by Clifford tive agencies and other nonattorney representatives are not addressed Winston and Quentin Karpilow, 106(5) American Economic Review 171, herein, or the Utah Report. (Oct. 1, 2016). I remain unconvinced by the arguments in favor of deregulation of the practice of law. The analogizing to various industries, not only oversimplifies the consequences of those regulatory changes, but also relies upon the unwarranted assumption that legal About The Author services are, for the purposes of economic analysis, a service like any other. Dick the Butcher said, “The first thing we do, let’s kill all the lawyers.” See Henry VI, Part II, act IV, Scene II, Line 73. The administra- Michael Speck holds a B.A. and tion of justice is an anathema to tyranny. The rebel Jack Cade didn’t M.A. in philosophy from OU dismiss the suggestion as demoralizing or disheartening, but embraces and a J.D. from Southern Illinois the notion when he replies “Nay, that I mean to do.” 23. See src.bna.com/eeX. See also “ABA House Approves Model University School of Law. After Regulatory Objectives for Nontraditional Legal Services” by Lorelei more than 10 years of civil litiga- Laird, ABA Journal, Feb. 8, 2016, www.abajournal.com/news/article/ house_approves_proposed_model_regulatory_objectives_for_non tion in Oklahoma City, and nine traditional_lega. years of adjunct instruction at 24. See ABA Resolution 105, Adopted ty the House of Delegates on Feb. 8, 2016 (newly adopted language underlined), www.abajournal. Rose State College, Mr. Speck com/files/2016_hod_midyear_105.authcheckdam.pdf. joined the faculty at Tulsa Community College in 25. Closing comments are taken from “Access to Justice — There is January 2012 as the program coordinator of the Para- Much Work to Be Done” by Michael Speck, 86 Oklahoma Bar Journal 400 (Feb. 14, 2015). legal Studies Program. 26. See www.justiceindex.org/findings/.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 755 BAR NEWS

Judicial Nominating Commission Elections: Nomination Period Opens

The selection of qualified ture added the requirement than eight members of the persons for appointment to that vacancies in all judge- commission. All serve six- the judiciary is of the utmost ships, appellate and trial, be year terms, except the mem- importance to the administra- filled by appointment of the bers at large who serve two- tion of justice in this state. governor from nominees sub- year terms. Members may not Since the adoption of Article mitted by the Judicial Nomi- succeed themselves on the 7-B to the Oklahoma Constitu- nating Commission. commission. tion in 1967, there has been The commission is com- The lawyers of this state significant improvement in posed of 15 members. There play a very important role in the quality of the appoint- are six non-lawyers appointed the selection of judges since ments to the bench. Originally, by the governor, six lawyers six of the members of the the Judicial Nominating Com- elected by members of the bar, commission are lawyers elect- mission was involved in the and three at large members, ed by lawyers. The lawyer nomination of justices of the one selected by the Speaker of members are elected from Supreme Court and judges the House of Representatives; each of the six congressional of the Court of Criminal one selected by the President districts as they existed in Appeals. Since the adoption of Pro Tempore of the Senate; 1967. (As you know, the con- the amendment, the Legisla- and one selected by not less gressional districts were NOTICE JUDICIAL NOMINATING COMMISSION ELECTIONS CONGRESSIONAL DISTRICTS 1 AND 2

CIMARRON HARPER WOODS ALFALFA GRANT KAY OSAGE NOWATA CRAIG OTTAWA TEXAS BEAVER WASHINGTON

ROGERS WOODWARD GARFIELD NOBLE MAYES MAJOR PAWNEE DELAWARE Nominations for elections as members of ELLIS 6 TULSA 2 PAYNE 2 WAGONER DEWEY CHEROKEE KINGFISHER CREEK the Judicial Nominating Commission from BLAINE LOGAN 1 ADAIR

LINCOLN MUSKOGEE Congressional Districts 1 and 2 (as they ROGER MILLS CUSTER OKLAHOMA OKMULGEE CANADIAN SEQUOYAH existed in 1967) will be accepted by the OKFUSKEE 5 McINTOSH WASHITA BECKHAM CLEVELAND Executive Director until 5 p.m. Friday, OMI E CADDO HASKELL

GRADY AW AT May 19, 2017. Ballots will be mailed on HUGHES McCLAIN SEIMINOLE GREER KIOWA POTT PITTSBURG LATIMER June 2, 2017, and must be returned by 4 LEFLORE GARVIN PONTOTOC COMANCHE HARMON 5 p.m. on June 16, 2017. JACKSON COAL MURRAY STEPHENS 3 PUSHMATAHA TILLMAN 3 ATOKA COTTON JOHNSTON CARTER McCURTAIN Note: The Congressional Districts are those existing JEFFERSON CHOCTAW MARSHALL at the date of the adoption of Article 7-B of LOVE BRYAN the Oklahoma Constitution.

756 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 redrawn in 2011.) Elections active members of the Okla- nating such a candidate for are held each odd numbered homa Bar Association to elect the commission. year for members from two two members of the Judicial 3. Nominating petitions districts. Nominating Commission for must be received at the Bar six-year terms from Congres- 2017 ELECTIONS Center by 5 p.m. on the third sional Districts as such dis- Friday in May. This year there will be elec- tricts existed at the date of tions for members in Districts adoption of Article 7-B of the 4. All candidates shall be 1 and 2. District 1 is Creek Oklahoma Constitution advised of their nominations, and Tulsa counties. District 2 (1967). and unless they indicate they is composed of 17 counties in do not desire to serve on the the northeastern part of the commission, their name shall state. (See the sidebar for the DISTRICT 1 COUNTIES be placed on the ballot. complete list.) • Creek 5. If no candidates are nomi- Lawyers desiring to be • Tulsa nated for any Congressional candidates for the Judicial District, the Board of Gover- Nominating Commission DISTRICT 2 COUNTIES nors shall select at least two positions have until Friday, • Adair candidates to stand for elec- May 19, 2017, at 5 p.m. to tion to such office. submit their Nominating • Cherokee Petitions. Members can • Craig 6. Under the supervision of the Executive Director, or his download petition forms at • Delaware goo.gl/ANaaA9. Ballots will designee, ballots shall be be mailed on June 2, 2017, and • Mayes mailed to every active member of the association in the must be returned by June 16, • McIntosh 2017, at 5 p.m. respective Congressional Dis- • Muskogee trict on the first Friday in It is important to the admin- • Nowata June, and all ballots must be istration of justice that the received at the Bar Center by OBA members in the First and • Okfuskee 5 p.m. on the third Friday in Second Congressional Dis- • Okmulgee June. tricts become informed on the • Osage candidates for the Judicial 7. Under the supervision of Nominating Commission and • Ottawa the Executive Director, or his cast their vote. The framers of • Pawnee designee, the ballots shall be opened, tabulated and certi- the constitutional amendment • Rogers entrusted to the lawyers the fied at 9 a.m. on the Monday responsibility of electing qual- • Sequoyah following the third Friday of June. ified people to serve on the • Wagoner commission. Hopefully, the • Washington 8. Unless one candidate lawyers in the First and Sec- receives at least 40 percent of ond Congressional Districts the votes cast, there shall be a will fulfill their responsibility 2. Ten (10) active members runoff election between the by voting in the election for of the association, within the two candidates receiving the members of the Judicial Nom- Congressional District from highest number of votes. inating Commission. which a member of the com- 9. In case a runoff election is OBA PROCEDURES mission is to be elected, shall necessary in any Congressio- GOVERNING THE file with the Executive Direc- nal District, runoff ballots ELECTION OF LAWYER tor a signed petition (which shall be mailed, under the MEMBERS TO THE may be in parts) nominating a supervision of the Executive JUDICIAL NOMINATING candidate for the commission; Director, or his designee, to COMMISSION or, one or more County Bar every active member of the Associations within said Con- 1. Article 7-B, Section 3, of association therein on the gressional District may file the Oklahoma Constitution fourth Friday in June, and with the Executive Director a requires elections be held in all runoff ballots must be nominating resolution nomi- each odd numbered year by received at the Bar Center by

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 757 5 p.m. on the third Friday in 11. Those elected shall be possession of and destroy any July. immediately notified, and ballots printed and unused. their function certified to the 10. Under the supervision of 13. The election procedures, Secretary of State by the Presi- the Executive Director, or his with the specific dates includ- dent of the Oklahoma Bar designee, the runoff ballots ed, shall be published in the Association, attested by the shall be opened, tabulated Oklahoma Bar Journal in the Executive Director. and certified at 9 a.m. on the three issues immediately pre- Monday following the third 12. The Executive Director, ceding the date for filing Friday in July. or his designee, shall take nominating resolutions.

NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: Associate District Judge Twenty-fourth Judicial District Okfuskee County, Oklahoma This vacancy is due to the retirement of the Honorable David Martin effective March 1, 2017. To be appointed an Associate District Judge, an individual must be a registered voter of the applicable judicial district at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, the appointee must have had a minimum of two years experience as a licensed practicing attorney, or as a judge of a court of record, or combination thereof, within the State of Oklahoma. Application forms can be obtained on line at www.oscn.net by following the link to the Oklahoma Judicial Nominating Commission or by contacting Tammy Reaves, Administrative Office of the Courts, 2100 North Lincoln, Suite 3, Oklahoma City, OK 73105, (405) 556-9300, and should be submitted to the Chairman of the Commission at the same address no later than 5:00 p.m., Friday, April 21, 2017. If applications are mailed, they must be postmarked by midnight, April 21, 2017. Deborah A. Reheard, Chair Oklahoma Judicial Nominating Commission #EIDELIKE I’D LIKE AN INNOVATIVE APPROACH TO EDISCOVERY MANAGEMENT

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758 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 BAR NEWS

Bar Members Celebrate Membership Anniversaries

The Oklahoma Bar Association applauds these members who, in 2017, reached significant milestone anniversaries.

GRADY COUNTY Paul Houston Johnson, Tulsa Clarence L. Maher, Chickasha Robert Wayne Langholz, Tulsa MAJOR COUNTY John Jerry Tanner, Tulsa 70 Mary Ridgeway Bailey, Fairview Richard L. Wheatley Jr., Tulsa MURRAY COUNTY Charles Scott Woodson, W. J. Albright, Sulphur Sand Springs TULSA COUNTY James G. Davidson, Tulsa MUSKOGEE COUNTY Robert Bruce Green, Muskogee The crime drama Twelve Angry Men NOBLE COUNTY debuted in April of 1957 and Leave it to In 1947 India and Pakistan gained Robert Leroy Kasper, Perry Beaver premiered in October of that independence from Britain, the Dead Sea same year. History was made that year Scrolls were discovered in Qumran and OKLAHOMA COUNTY as Russia launched Sputnik I, ushering the microwave oven was invented by James Franklin Davis, in the space age. Percy Spencer. Jackie Robinson joined Oklahoma City the Brooklyn Dodgers in the spring of 1947 and the movie Miracle on 34th Street Mathew M. Dowling, OUT-OF-STATE MEMBERS debuted in October of that year. Oklahoma City James Wylie George, William Howard Boyles, Oklahoma City Dallas Paul B. Lindsey, Oklahoma City Robert K. Chiles, Sarasota, FL James N. Posey, Bethany James T. Comfort, Albert F. Schrempp, Richardson, TX Oklahoma City Elmer M. Farinella, Albuquerque, NM 60 TULSA COUNTY Thomas R. Brett, Tulsa Don Ratcliffe Holland, Kingsland, TX Darrel G. Camerer, Tulsa Devier Pierson, Washington, D.C. CLEVELAND COUNTY J. Jerry Dickman, Tulsa Maurice Dean Brown, Norman Murlene Worth, Austin, TX G. Douglas Fox, Tulsa GARFIELD COUNTY William S. Jack Fine, Payson, AZ Curtis Lee Horrall, Enid

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 759 OKLAHOMA COUNTY Richard Morris, Del City Daniel Daugherty Adams Jr., Eleanor T. Pendell Moser, Oklahoma City Oklahoma City James Robert Barnett, Max D. Moulton, Oklahoma City 50 Oklahoma City Clyde A. Muchmore, Barry Weldon Benefield, Oklahoma City Oklahoma City J. Larry Nichols, Oklahoma City BECKHAM COUNTY J. Ted Bonham, Oklahoma City J. Edward Oliver, Oklahoma City Arthur Edwin McComas, Rex D. Brooks, Oklahoma City Elk City Jack H. Petty, Bethany Charles Colwell Chastain, CANADIAN COUNTY Oklahoma City Glenn E. Ricks, Oklahoma City Nicholas D. Garrett, Piedmont R. Denning Crowe, James McKee Robinson III, Gerald E. Weis, Yukon Oklahoma City Oklahoma City Frederick W. Dunlevy Jr., Donald Joe Rockett, CARTER COUNTY Oklahoma City James Alan Clark, Ardmore Oklahoma City Albert J. Tesio, Del City Theodore James Pasley, Ardmore John Thomas Eberle, Oklahoma City W. Roger Webb, Arcadia CLEVELAND COUNTY Robert Dale Garrett, Donald Ray Wilson, Glenn E. Floyd, Norman Oklahoma City Oklahoma City Amos Nathan Moses Jr., Norman Edwin F. Garrison, OKMULGEE COUNTY Oklahoma City COMANCHE COUNTY Thomas K. Butler, Okmulgee James M. Fullerton, Lawton Warren L. Griffin, Oklahoma City Thomas W. Wisener, Fletcher Taylor Kennedy Hammett, PONTOTOC COUNTY Michael Garnett Smith, Ada CREEK COUNTY Midwest City Charles Doyle Watson Jr., POTTAWATOMIE COUNTY Drumright Jay Scott Brown, Shawnee Thurgood Marshall was sworn in as the KAY COUNTY first African-American U.S. Supreme Court STEPHENS COUNTY Fred L. Boettcher, Ponca City justice in October of 1967. In that same John Ray Green, Duncan Leslie D. Page Jr., Blackwell year, Congress created the Public Broad- casting Service (PBS), providing us shows TULSA COUNTY KINGFISHER COUNTY like Sesame Street and Mister Rogers’ Glenn R. Beustring, Tulsa E. Edd Pritchett, Kingfisher Neighborhood. Vincent Craig Blackstock, Tulsa LATIMER COUNTY Douglas Lee Boyd, Tulsa Ray A. Johnston, Wilburton John W. Harbour Jr., Gatra Marvin Bradshaw, Tulsa Oklahoma City LEFLORE COUNTY Jarold William Casey, Tulsa George Hunter McBee, Poteau Kenneth M. Hemry, Oklahoma City Richard Casey Cooper, Tulsa LOVE COUNTY Stephen Horwitz, Oklahoma City R. Hayden Downie, Tulsa G. Timothy Armstrong, Cecil Gentner Drummond, Tulsa Thackerville Ronald Robert Hudson, Oklahoma City Thomas D. Gable, Tulsa MCCLAIN COUNTY Robert M. Johnson, John A. Gladd, Broken Arrow Buster Franklin Wilburn, Oklahoma City Washington Richard Hugh Goldwyn, Tulsa Stanley P. Johnston, Russell Henry Harbaugh Jr., MUSKOGEE COUNTY Oklahoma City Tulsa John O. Moffitt, Fort Gibson Dorothy Allene Lawson, Roy Dennis Johnsen, Tulsa Oklahoma City Stephen Charles Lewis, Tulsa Mike Millstead, Del City

760 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Joseph Arthur McCormick, Tulsa WOODWARD COUNTY John Paul Jones, Rockvale, TN Paul B. Naylor, Tulsa Bryce L. Hodgden, Woodward Darrel A. Kelsey, Lee Wayne Paden, Tulsa OUT-OF-STATE MEMBERS Prairie Village, KS Coleman Louis Robison, Tulsa Daniel W. Allan, Anchorage, AK Neal Stephen Keys, North Miami Beach, FL R. Thomas Seymour, Tulsa George Dewees Bennett, Los Angeles Michael Elliott Krasnow, Michael Voll Snyder, Tulsa Robert Lee Blackwood, Bradenton, FL Marvin Eugene Spears, Tulsa Freeport, TX Stephan E. Lawton, Douglas G. Stuart, Broken Arrow Gary Wayne Brown, Fairfax, VA Chevy Chase, MD Ross O. Swimmer, Tulsa John Rider Fears, R. Howard Mashburn, John Baumert Turner, Tulsa Fountain Hills, AZ Conroe, TX Patrick Olynn Waddel, Tulsa Robert James Fulgency, Auburn L. Mitchell, Austin, TX Melvin Reynold Walters, Tulsa Edina, MN Regis L. Mullen, Lewisville, TX Bryan S. Watt, Tulsa Samuel W. Graber, Sherman, TX David F. Nemecek, Bradenton, FL James Earl Whitman, Tulsa Clark Allen Halderson, Richard A. Overton, St. Louis Carlsbad, CA Frank Burleigh Wolfe III, Tulsa Larry Dixon Patton, Bill Gene Halstead, Bluffton, SC North Port, FL WASHINGTON COUNTY Montell E. Hester, Tacoma, WA Stuart B. Robbins, Newton, MA Robert M. Kane, Bartlesville Max D. Hochanadel, Philip Roland Russ, Amarillo, TX John M. Keefer, Bartlesville Sammamish, WA Jerry W. Wark, Phoenix Patrick H. Roark, Bartlesville John Hohn, San Marcos, TX Charles Wren Wolfe, Bruce W. Robinett, Bartlesville Magnolia, TX

Notice of Vacancy for United States Magistrate Judge United States District Court For The Northern District of Oklahoma

Applications are now being accepted for a full-time position of Magis- trate Judge in Tulsa. The duties are demanding and wide-ranging and will include: (1) conduct of most preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conduct of various pretrial motions and evidentiary proceedings as may be delegated by the Judges of the District Court; and (4) trial and disposition of civil cases upon consent of the litigants. The incumbent will begin to serve in the fall of 2017. See full notice, including qualification requirements and application instructions, at: www.oknd.uscourts.gov.

AN EQUAL OPPORTUNITY EMPLOYER

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 761 OBF-OBA PROJECT

Mock Trial Builds Skills for All Career Fields, Not Just Law By Todd A. Murray

“Mock trial is an exceptional have participated in mock trial, statements that develop a program that teaches students it would be no surprise to learn cohesive and persuasive argu- public speaking and creative that the top six requested skills ment advocating both sides, problem solving,” said Cymber from the NACE study are all prosecution/plaintiff and St. Gemme, former Owasso gained through mock trial par- defense/defendant. High School participant who helped start a mock trial program at TU. “It challenges students to prepare effectively as a team with the information given but also to think on their feet. Additionally, students gain networking opportunities and learn how to conduct themselves in a professional setting,” she continued. Not just former participants praise the Oklahoma Mock Trial Program, which brings From left: Mock Trial Committee members (front row) Melissa Peros, Judy Spen- together high school students cer, Lydia Anderson, Todd Murray, Shea Bracken, (back row) Kevin Cunningham, and teachers with practicing Anthony Casey, Andrea Medley and Michael Nesser. Other committee members are and retired lawyers and judges Jennifer Bruner, Aaron Bundy, Christine Cave and Dan Couch. to demystify our court system while promoting a positive ticipation. In fact, other skills image of the legal profession. If Michon Hastings, attorney on the list can be obtained the Mock Trial Committee had and coach with Owasso High through mock trial, too. its way, every school district in School, said, “Students learn Oklahoma would sponsor a The most requested skill by the joys and rewards of work- team, realizing the benefits to employers of college graduates ing hard to accomplish a goal be achieved through mock trial in this study is the ability to and gain lifelong skills that will participation. Mock trial partici- work on a team. Employers carry them powerfully and elo- pants gain skills requested by desire college graduates who quently into any career.” employees for any field, not not only get along with others, Attorneys rely on witnesses just law. but can cooperate as a team to to know the case well enough accomplish company goals. In 2015 Forbes magazine pub- to respond to direct questions lished a story about the skills Mock trial teaches its partici- and sidestep crafty cross-exam- that were most requested by pants teamwork: individual ination questions from the employers from college gradu- students must work together opponent. Witnesses rely on ates. The National Association to create opening statements, attorneys to know the rules of of Colleges and Employers con- direct examinations, cross- evidence to respond intelligent- ducted the study. To those who examinations and closing ly to objections and to easily

762 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Jennifer A. Bruner, attorney and committee member, mimics Mr. Bushong’s experience. “My younger sister was on the Weatherford High School mock trial team many years ago,” she said. “As a team member, she gained valuable experience in the cooperative teamwork that is required to make a mock trial presentation; but more impor- Judging the final championship round were, from left, Retired Judge Edward Cun- tantly, she gained her first pub- ningham, Judge Paul J. Cleary, Judge Martha Rupp Carter, Judge Shon Erwin, lic speaking experience as an Judge Jane Wiseman and Judge Dana L. Rasure. attorney on that team. Those skills have served her well rehabilitate them when needed. those that might have a differ- throughout her life, and she has Both witnesses and attorneys ent interpretation of the facts, built her own consulting com- rely on timekeepers to ensure forcing split-second decisions pany around her communica- that the cases are presented on how to best obtain the infor- tion and presentation skills.” within the competition time mation desired from each wit- constraints. ness. During a trial, partici- In today’s global work environment, employers require “Mock trial promotes both pants might be surprised at an objection not previously consid- employees who can organize teamwork and sportsmanship and prioritize work. Mock Trial in a unique way,” said Melissa ered during practice, but must be ready to argue the objection Committee Vice Chair Kevin Peros, attorney and case writ- Cunningham said, “The case ing chair of the committee. with references to the federal rules of evidence. materials in the competition “Building a legal case where necessarily require a prioritiza- the evidence, witnesses and Mock trial also teaches partic- tion of points to cover and attorneys have to work together ipants to communicate verbally, arguments to make. There are to create a theme that is used another skill requested by too many possible points of throughout the presentation, employers. From opening contention to address them all gives the students an opportu- statements, to direct and within the time limit allowed. nity to be a piece of a bigger cross-examinations, closing Participants must determine whole. Furthermore, the Okla- statements and even making which points help their case homa students go beyond their protests, mock trial participants position, craft and present their own teams and support each learn how to project their voice, case to those points, and work other through teamwork. We use vocal inflection and com- to maintain a case theory that regularly see our teams helping municate thoughts verbally. covers the points necessary to prepare the state champion for prevail. Critical thinking, pri- nationals in May promoting a A former attorney turned oritization and discipline are sense of teamwork throughout English teacher, Bruce Bushong, absolutely necessary to a suc- the entire community.” Shawnee High School coach, has a unique perspective on cessful case presentation.” Employers next most desire the impact the program has on Employers also demand college graduates who have the students. He said, “One of my employees who have the ability ability to make decisions and former students, who was regu- to obtain and process informa- solve problems. Mock trial larly praised for how ‘smooth’ tion. In order to prepare cases teaches participants to critically he was in his presentation, from the written materials pre- evaluate all the evidence that is gained from his participation in pared, participants, just like presented and to make discern- the Mock Trial Program the attorneys, must seek out backing selections about what infor- confidence to start his own ground information on a range mation is relevant to best tell a business after he finished col- of topics. For instance, this year captivating story. lege. Another student was participants prepared a civil Moreover, mock trial teaches inspired by his successful suit filed by the citizens of participants to expect uncoop- scores to take on the challenge Wheatville against Quadstone erative witnesses as well as of attending Harvard.” Energy, a drilling company.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 763 When a 6.2 magnitude earth- The OBA is well served by Deirdre Dexter quake destroys the downtown the Mock Trial Program, which Eddie Forester of a small Oklahoma town, citi- is in its 38th year. In this year’s Melissa French zens become divided as to its competition, the Jenks High Eric Grantham cause — some believe that the School 6th Horn team defeated Clint Hastings catastrophic seismic event Owasso High School’s Soto- Brian Henderson occurred due to the fracking mayor team and will represent Shane Henry that brought prosperity to some Oklahoma at the national com- Judge Todd Hicks in the town when an energy petition in Hartford, Connecti- Andrew Hoffland company began drilling in the cut, in May. There were 34 Michael Horn area. Those receiving royalties teams representing 22 schools Michon Hughes from the oil production, how- that participated. Chris Jones ever, believe the earthquake The program is generously Tim Maxey that destroyed over 20 build- supported by the Oklahoma Judge Tim Mills ings without harming any Bar Foundation, as well as the Anthony Moore human lives was a natural legal community itself volun- Rob Neal event totally unrelated to the teering thousands of hours to Ellen Quinton fracking activity started in provide the program. For infor- Rod Ridenour 2008. In order to make sense of mation on joining the commit- Lorena Rivas the case, teams sought out tee or volunteering for next Leah Roper experts in geology and petro- year, please contact Mock Trial Desmond Sides leum drilling. Coordinator Judy Spencer at Bill Speed [email protected]. Ken Underwood “Each year,” said Melissa Judge Jill Weedon Peros, “we construct a case that TRIAL SITE Matthew Winton teaches students to use their COORDINATORS Connie Wolfe critical thinking skills to both Lydia Anderson PRESIDING JUDGES AND understand the material and Shea Bracken SCORING PANELISTS choose what items are not Aaron Bundy worth pursuing. The committee Deresa Clark Patrick Abitbol specifically plants ‘red her- Dan Couch Stacy Acord rings,’ and I am always Kevin Cunningham Terry Allen impressed with the way the Shane Henry Nick Atwood students deal with those issues. Patrick Layden Alan Barker In years past, the committee Andrea Medley Luke Barteaux has been pleasantly surprised Regina Meyer Gabe Bass when students see something Anne Mize Matt Beese we did not and manage to use Todd Murray Jack Beesley it to great effect in their case Michael Nesser Howard Berkson presentation.” Melissa Peros Kirsten Bernhardt Nathan Richter Brandon Bickle While participants can gain Susie Summers Kelly Bishop similar skills in other high Chris Szlichta David Box school courses, mock trial is Leah Terrill-NesSmith Dennis Box singular in teaching all of these Carolyn Thompson John Branum skills through interaction and Kay Bridger-Riley collaboration with legal profes- ATTORNEY COACHES Rodney Brook sionals in order to cultivate a Ranada Adams Elizabeth Brown populace knowledgeable Emma Arnett Lauren Brown about our legal system. Televi- Clifton Baker Mary Bundren sion and film do not show Judge James Bland George Burnett what our legal system really Brendon Bridges Brett Butner is. Moreover, the Mock Trial Judge Daman Cantrell Jack Cadenhand Program is one of only a few Eric Cavett Alyssa Campbell that promotes a positive image Angie Dean John Cannon of our profession. Michael Denton Toni Capra

764 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Dietmar Caudle Kurt Hoffman Hilary Sadhoo David Cheek Craig Hoster Jenny Sanbrano Paul Choate Trevor Hughes Adam Scham Jason Christopher Caroline Hunt Sarah Schmook Mark Clark Blake Jackson Bonnie Schomp Amie Colclazier Keith Jennings Charles Schwartz Kelly Comarda Jo Lynn Jeter Mark Schwebke Jack Coppedge Brittany Jewett John Severe Michael Coulson Debbie Johnson Randall Sewell John Cramer James Kaufman Micah Sexton Kymberly Cravatt Steven Kessinger James Shaw Dan Crawford John Kinslow Jeff Shaw Retired Judge Kent Larason Matt Sheets Edward Cunningham Jerry Lee Grant Shepherd Andrea Cutter Renee Little Ben Sherrer Chance Deaton Randy Long Thomas Showman Michael Denton Nicole Longwell Reign Sikes Charles Dickson Stephen McCaleb Vani Singhal Kyle Eckman Shelly McCorkle Kim Slinkard Josh Edwards Kevyn Mattax Karen Smith Judge Shon Erwin Ronnie May Jared Smith Rees Evans Cherie Meislahn Karen Smith Craig Fitzgerald Robert Meyer Katy Sokolsky Michelle Freeman Jennifer Miller Taylor Stein Mykel Fry Mike Miller Luke Stephens Ryan Fulda J.B. Miller Sheila Stinson Jodie Gage Judge Suzanne Mitchell Khristan Strubhar Charles Gass Andrew Morris Jim Stuart Sarai Geary Phillip Morton Chuck Sullivan Debra Gee Lou Ann Moudy Thomas Swafford Charles Geister Brenda Nipp Brian Swenson Robert Gifford Ivan Orndorff Scott Thomas Kayce Gisinger Jessica Ortiz Carolyn Thompson Dawn Goeres Mark Osby Amanda Thrash Scott Goode Jenna Owens Scott Tully Breanne Gordon Amy Page Allison VanBrunt Sean Graham Christine Pappas Georgenia VanTuyl Stephen Gray Kathleen Pence Brecken Wagner Mark Graziano Melissa Peros Judge Caroline Wall Mark Grossman Linda Pizzini Mark Warman Justice Noma Gurich Larry Rahmeier Whitney Webb David Guten Cpt. Ryan Redd Roger Wiley Don Hackler Robert Redemann Mike Wilson Matthew Haire Greg Reilly Lester Haizlip Scott Reygers About The Author Laura Hamilton Jacqueline Rhodes Emily Harrelson Lisa Riggs Todd Murray prac- Deanna Hartley Lorena Rivas tices in Oklahoma Bill Haselwood Thomas Robertson City and serves as Steven Haynes Charles Rogers chairperson for the Brady Henderson Joe Rolston Oklahoma High Rick Henthorn Robin Rollins School Mock Trial Clay Hillis Jacob Rowe Committee.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 765 LEGISLATIVE NEWS

Monitoring Committee Reports Judicial Bills Still Pending By Angela Ailles Bahm

On March 21, the OBA Rep. Emily Virgin, sponsored its annual Day District 44 at the Capitol. My thanks Rep. Collin Walke, again to guest speakers Rep. District 87 Chris Kannady, Administra- Rep. Cory T. Williams, tive Director of the Courts District 94 Jari Askins and former Rep. Rep. Rande Worthen, Randy Grau. All of them District 64 did an excellent job of pro- For the Day at the Capitol viding attendees enlighten- event, the Legislative Moni- ing information. toring Committee provided Following presentations pads of sticky notes in the and lunch, all those who shape of the United States attended were encouraged to with the bar association’s visit their senators and repre- logo and an email address sentatives. I want to take note with a note, “Get the legal and thank the attorney-legis- impact of proposed bills.” All lators for their service. If they attendees were encouraged represent you and your dis- to take these to their legisla- trict, please contact them to tors. The Legislative Moni- extend a note of thanks and toring Committee wants to an offer to assist. be a resource to the legislators should they wish input Sen. Julie Daniels, District 29 as to the possible legal effects of any proposed Sen. Kay Floyd, District 46 legislation. Please do not hesitate to stop by Sen. David Holt, District 30 the bar association and pick up some of these Sen. John Sparks, District 16 sticky pads the next time you make a visit to Sen. Anthony Sykes, District 24 the Legislature. Rep. Scott Biggs, District 51 Rep. Kevin Calvey, District 82 Another update to the Legislative Monitoring Rep. Tim Downing, District 42 Committee has been made. All chairs of commit- Rep. Jon Echols, District 90 tees and sections have been made default mem- Rep. Scott Inman, District 94 bers of the Legislative Monitoring Committee. I Rep. John Paul Jordan, District 43 also encourage every county’s bar association to Rep. Chris Kannady, District 91 have a member on the Legislative Monitoring Rep. Ben Loring, District 7 Committee so that person can keep the county Rep. Jason Lowe, District 97 membership informed on matters of interest. Rep. Scott McEachin, District 67 With the new, outstanding functionality of Rep. Terry O’Donnell, District 23 MyOKBar Communities, any committee or sec- Rep. Mike Osburn, District 81 tion monitoring legislation can send me a report Rep. David Perryman, District 56 or list of bills they are monitoring for posting to

766 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 the Legislative Monitoring Committee Commu- appointments; the governor would submit nity. This has already had a tremendous response, names to the JNC for rating only. and reports have been posted from the Estate SJR 44 Again provides for change to the Consti- Planning, Probate and Trust Section and the Real tution requiring Senate confirmation for certain Property Law Section’s Title Examination Stan- appointments and providing that dards Committee. In addition, the governor can call the Legisla- Executive Director John Morris ture into special session to consid- Williams continues to post er judicial appointments once per updates on bills being monitored. quarter. At last year’s annual meeting, Now is the These bills have made it through the House of Delegates voted to time to call your the Senate and are currently in the celebrate the 50th anniversary of House for consideration. Now is judicial reform in 2017 and reaf- representative to the time to call your representative firmed by resolution the selection to educate him or her on the effect of judges through the Judicial educate him or her of these bills. The last day of the Nominating Commission. How- on the effect of legislative session is May 26. ever, as anticipated, the Legisla- ture is advancing a number of these bills. The last meeting during the leg- bills again this year attempting to islative session for the Legislative alter or eliminate the JNC. Those Monitoring Committee was April bills include the following: 12. If any additional bills come up, look to the MyOKBar Communities page for SB 213 Conforms the Supreme Court judicial information. If you have any suggestions or rec- districts to the current five congressional dis- ommendations for the improvement of the com- tricts and creates four at-large positions. mittee, please let me know. SB 708 Adds to the qualifications of a judge that he or she must have been lead counsel in a About The Author minimum of three jury trials brought to verdict prior to filing for a position. Ms. Ailles Bahm is the managing attorney of State Farm’s in-house SJR 42 Provides for a change to the Constitu- office and also serves as the Leg- tion that would require all appellate positions islative Monitoring Committee to be elected in partisan elections. chairperson. She can be contact- SJR 43 Provides for a change to the Constitu- ed at angela.ailles-bahm.ga23@ tion requiring Senate confirmation of judicial statefarm.com.

OKLAHOMA BAR JOURNAL EDITORIAL CALENDAR

n August n November 2017 Issues Technology & Office Administrative Law n May Management Editor: Mark Ramsey Constitutional Law Editor: Amanda Grant [email protected] Editor: Erin L. Means [email protected] Deadline: Aug. 1, 2017 [email protected] Deadline: May 1, 2017 n December Deadline: Jan. 1, 2017 n September Ethics & Professional Bar Convention Responsibility If you would Editor: Carol Manning Editor: Leslie Taylor like to write an n October [email protected] article on these Insurance Law Deadline: Aug. 1, 2017 topics, contact Editor: Renée DeMoss [email protected] the editor. Deadline: May 1, 2017

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 767 FROM THE EXECUTIVE DIRECTOR

JNC Filing Period, Legislation and Déjà Vu All Over Again By John Morris Williams

Every other year pursuant to Court of Criminal Appeals for the speaker to appoint Article 7B, Section (a)(2) of the judges and Court of Civil three members and the presi- Oklahoma Constitution my Appeals judges. dent pro tempore of the Senate office, following the proce- SJR 43 modifies the JNC to to appoint three members. dures adopted by the OBA be a vetting body for a nomi- Appointments under this stat- Board of Governors, conducts nee submitted by the gover- ute would require there be at the lawyer member elections nor. The nominee would then least one appointee from each for two of the six positions on be confirmed by the Senate. congressional district. the Judicial Nominating Com- There are several other bills mission (JNC). The positons relating to redistricting of are geographical following the Supreme Court districts, boundaries of the six congres- increasing the percentage of sional districts as they existed Most of the votes needed in retention elec- following court reform in 1967. tions, mandatory retirement of Notice of elections is being JNC bills contain justices and judges and quali- published in this and future fications of district judges. issues of the Oklahoma Bar provisions similar Journal and placed on the OBA Most of the JNC bills contain website at www.okbar.org. to bills that provisions similar to bills that Supreme Court Districts 1 and have been filed have been filed before. The 2 are the districts that will be consistent theme is that the up for election this year. before. JNC must be changed so that political parties or political The work of the JNC is criti- bodies can appoint and/or cal to maintaining a fair and confirm judges and justices. impartial judicial system that This has been consistent for is free from partisan politics in SJR 44 changes the number the past 12 years or so. During the selection of judges and jus- of nominees submitted to the this time, not one judge or justices of our highest courts. I governor from three to five. If tice appointed under our cur- want to encourage anyone the governor does not wish to rent process has ever been who may be interested in run- appoint one of the five appli- accused of corruption in office. ning for one of the positions to cants submitted, the governor Under the JNC, Oklahomans look at that notice in this issue. can call for five more nomi- have enjoyed a scandal-free This year there are several nees. The nominee is then to court system that was once bills relating to the JNC. It’s be confirmed by the Senate. the worst in the nation when déjà vu all over again. SB 700 calls for the elimina- bribes, disguised as campaign SJR 42 calls for partisan election of the election of the law- contributions, bought opinions tion of Supreme Court justices, yer members on the JNC and of the Oklahoma Supreme Court.

768 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 It is déjà vu all over again and justices and campaign be involved and let your voice when it comes to bills attack- contributions buy court be heard. ing and attempting to alter, opinions. amend or dispose of the JNC. If you have not contacted If the attempts to cripple or your legislators and given kill the JNC are successful, it them your opinion on these will be déjà vu all over again issues, I encourage you to do To contact Executive Director when big money and special so. And yes, it is déjà vu all interest groups elect judges Williams, email him at johnw@ over again in me asking you to okbar.org.

NOTICE The Oklahoma Supreme Court is accepting applications for the position of Clerk of the Supreme Court Applicants must be licensed to practice law within the State of Oklaho- ma. The Clerk of the Supreme Court is also the clerk for the Courts of Civil Appeals, Court of Criminal Appeals, the Court of Tax Review and the Court on the Judiciary. See Const. Art. 7 §5; 20 O.S. 2011§ 78. The annual salary is $111,356. Applications should be submitted no later than Monday, April 20, 2017 by 5:00 p.m. to the Office of the Chief Justice, c/o Vickie Campbell, Oklahoma Judicial Center, 2100 N. Lincoln Blvd., Oklahoma City, Oklahoma, 73105.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 769 LAW PRACTICE TIPS

Backing Up, Like Breaking Up, Is Sometimes Hard to Do By Jim Calloway

March 31 marked the obser- recall in my early days at the rule” says that for appropriate vance of World Backup Day. OBA when I would visit law backup you need at least three Now, I know you think I proba- firms and ask them when they copies, on at least two different bly made that up, but the did their last backup. Some- kinds of media, at least one of observance has a website and times the answer was some which is kept off-site. But in everything — www.worldback variant of “Well, we are sup- practice, accomplishing this can upday.com. There is even posed to do them every Friday, be a challenge. Business conti- a pledge: but last Friday we had a big nuity experts say that one back- brief due and the Friday before up should be kept at least 100 I solemnly swear to back up that Catherine, who does it, miles away from the others. my important documents was on vacation. Thanks for and precious memories on So, from my point of view, an reminding us.” That was not a March 31st. automatic online backup ser- great practice then, but certain- vice satisfies two of these And a sub-pledge: ly less scary in those days when requirements, continuous back- only word processing docu- up and the data being stored at I will also tell my friends ments and billing records (with least 100 miles away. and family about World a paper backup) lived on the Backup Day — friends law firm computer. For several years, the OBA don’t let friends go without had a relationship with an a backup. Today, a data loss for a law online backup service called firm of even a day could be cat- CoreVault. When the parent The day was selected as the astrophic. Law offices are busy company of CoreVault decided day to avoid becoming an April places. Many tasks are done on to move in a different corporate fool by backing up data the day a given day of law firm work. direction and that relationship before April Fool’s Day. Most of these tasks generate was terminated, some OBA cus- BUT FOR LAWYERS… some sort of important data, tomers were transferred to whether it is a legal memoran- another company called Keep It But for lawyers (and I know dum or a calendar entry. Previ- Safe, which has no affiliation you saw this one coming), ous practices of doing a daily with the OBA. every day should be backup or weekly backup have long day! ago given way to the modern WHAT SHOULD YOU Backing up data has evolved standard of having a continu- BACK UP? ous backup process and man- over the last couple decades. I Normally an online backup aging multiple backups. recall many years ago backing plan costs less depending up my home computer on a Lawyers are encouraged to on the amount of data you series of floppy disks. Not only maintain both a continuous back up. did I have to babysit the automated backup and have A “complete” online backup machine during the entire pro- multiple backups. cess, but I recall once wonder- of a computer is now more ing if I was going to have to The idea of multiple backups expensive than most will care leave to go buy new floppies in is easy to grasp because it is so to pay. There’s no reason to pay the middle of the process. I also simple. The often-cited “3-2-1 a daily fee to back up the entire

770 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Windows operating system on a shelf can degrade. In a recent days using some tricks I each workstation in every online interview, some Seagate learned through online installed application. The data employees indicated that in a research, but also ordered is what needs to be protected proper storage place, one that is another phone. I received the and so many lawyers now only cool and dry, standard hard new phone, but decided to wait backup certain drives. It is drive starts to degrade within until the weekend to set it up. important to think of all the one to two years of nonuse. Flash The older phone had other things that do need to be storage has been shown to ideas, dying in the middle of backed up one might not nor- degrade in half that time. There the night even though it was mally consider data, such as are two lessons from that obser- plugged in. I was quite pleased your favorites bookmarks in vation. First, the extra expense to log into my iCloud backup your browsers and your speech of a solid-state drive is often and learn that the last automat- recognition data file that helps justified for a computer used ed backup of the phone was the software recognize your daily because speed improves very late that night. Setting up voice. user efficiency. But for storage the new phone from the iCloud backup drives, solid-state backup was seamless and easy. In many law firms, individ- drives are an unnecessary I didn’t lose any information. ual workstations are not expense for a somewhat less backed up online at all, and Ironically, the phone had stable solution. But the main all of the files and other data notified me a few months pre- lesson is that, if you decide to are saved to a network drive viously that my free iCloud use computer hard drives for which is backed up. space was inadequate and I had your backup devices, you need been paying an extra dollar per To restore a computer that to power up and access them month for the additional space. has been damaged, a mirror approximately every six I had plans to go in and see image of the computer’s drive months to keep your data what I could delete to save the with all of the standard soft- “healthy.” extra money. That $7 or $8 ware installed should be creat- Having a solid set of data seems well worth it now. So, if ed. This can be done using somewhere else to protect your your backup for your phone is tools like Acronis True Image client and your operations that overdue, maybe tonight should 2017. A Google search will can be easily accessed is one of be the night. allow you to find lists of top- the reasons why cloud-based reviewed commercial backup CONCLUSION practice management software tools.1 tools have become so popular If your backup procedures Some lawyers adopt a more for smaller firms. have been less-than-perfect, now you can appreciate why. hands-on approach to avoid the INCIDENT RESPONSE PLAN cost of online backup. This is simple in theory but also A hard drive or other com- more complex as you try to There was a discussion on the puter failure means no comput- apply it to your law practice. Law Office Management and er access. Make certain you It’s important to create a plan Technology Section community have a step-by-step response so your backups are done cor- page where several lawyers plan prepared and printed on rectly. Losing all (or much) of discussed using the Acronis to paper. It should be available in your digital data is not some- copy to another machine in the several places in the office and thing any lawyer or law firm office for their continuous back- include how to do the restore wants to experience. up, while taking portable hard process, who to contact if assis- Mr. Calloway is OBA Manage- drives home periodically to tance will be required and all ment Assistance Program director. facilitate off-site backup. Using other information needed to Need a quick answer to a tech portable hard drives for backup recover from a hard drive crash problem or help solving a manage- data is a very cost-effective way or other data disaster. of doing so. But using an old ment dilemma? Contact him at computer to do so without first DON’T FORGET YOUR 405-416-7008, 1-800-522-8065 or replacing the hard drive is like PHONE [email protected]. It’s a free member using a bald tire for your spare. Recently, my iPhone became benefit!

Many people did not know very finicky about recharging. I 1. https://www.lifewire.com/best-commercial- that an old hard drive sitting on fought with it for a couple of backup-software-programs-2624711

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 771 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association Planning Committee meeting. various meetings on legislative Board of Governors met at the She also helped judge the matters. Oklahoma Bar Center in Oklaho- fourth-grade essay entries in ma City on Friday, Feb. 17. REPORT OF THE the OBA Law Day Contest. PAST PRESIDENT REPORT OF THE REPORT OF THE PRESIDENT PRESIDENT-ELECT Past President Isaacs reported he presented juror President Thomas reported President-Elect Hays report- appreciation plaques, posters she attended the luncheon fol- ed she attended the luncheon and certificates at Washita, lowing the swearing in and following the January board Beckham, Ellis and Custer January board meeting, Okla- meeting, ABA Midyear Meet- county courthouses. He spoke homa Bar Foundation Trustees ing in Miami, Florida Southern at the American Board of Trial meeting, Legislative Reading Conference of Bar Presidents Advocates annual banquet. He Day, Southern Conference meeting, National Conference attended President Thomas’ of Bar Presidents meeting, of Bar Presidents meeting, var- luncheon following the Janu- National Conference of Bar ious events associated with the ary board meeting, OBA Leg- Presidents meeting, various NCBP meeting, Oklahoma islative Reading Day and events associated with the ABA delegation dinner, ABA National Conference of Bar NCBP meeting, Oklahoma House of Delegates, ABA Presidents Midyear Meeting ABA delegation dinner, ABA award presentation of the Ray- in Miami, Florida. Midyear Meeting, ABA House mond Pace and Sadie Tanner BOARD MEMBER REPORTS of Delegates, presentation of Mossell Alexander Award to William G. Paul’s Lifetime William G. Paul of Oklahoma Governor Coyle reported he Achievement Award by the City and February OBA attended the Oklahoma Coun- ABA Council for Racial and Family Law Section monthly ty Criminal Lawyers meeting Ethnic Diversity in the Edu- meeting/CLE at which she and Lawyers Helping Lawyers cational Pipeline, Strategic presented the budget report. Assistance Program Commit- Planning Committee meeting, She also chaired the Strategic tee meeting. He also did a various meetings via phone Planning Committee meeting guest lecture at OCU. Gover- and computer regarding legis- in addition to researching nor Fields reported he attend- lative matters and other OBA issues for president-elect 2017 ed the luncheon following the issues. She also presented a planning and 2018 planning. January board meeting and CLE to the McClain County REPORT OF THE Pittsburg County Bar Associa- Bar Association and filmed a EXECUTIVE DIRECTOR tion meeting. He travelled to segment for the Ask A Lawyer Idabel to present District TV show. Executive Director Williams Judge Mike DeBerry and Asso- REPORT OF THE reported he attended the Solo ciate District Judge Ken Farley VICE PRESIDENT & Small Firm Conference Plan- with the juror certificate of ning Committee meeting, appreciation plaque, poster Vice President Castillo National Association of Bar and certificates for McCurtain reported she attended OBA Executives meeting, Legisla- County. Governor Gotwals Legislative Reading Day, Okla- tive Reading Day, Access to reported he attended a lunch homa Bar Foundation Board of Justice Commission meeting, presentation at Women in Trustees meeting, Oklahoma Bench and Bar Committee Recovery on behalf of the City Chamber of Commerce meeting, monthly staff celebra- Tulsa County Bar Foundation, legislative breakfast, OBA tion, OBA employee Sharon Inn of Court meeting/presen- Bench and Bar Committee Orth retirement luncheon and tation on how to lose your law meeting and OBA Strategic license on the internet, OU law

772 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 alumni reception in Tulsa, Governor Tucker reported he way to assist older lawyers TCBF Golf Committee meeting attended the Muskogee Coun- who are experiencing prob- and TCBA Board of Directors ty Bar Association meeting lems. Governor Hutter report- meeting. In Miami, Florida, he and OBA Law Day Committee ed this year’s Solo & Small attended the ABA Midyear meeting. Governor Weedn Firm Conference will return to Meeting, National Conference talked to local bar members the Choctaw Casino Resort in of Bar Foundation Presidents regarding pending legislation Durant and offer more family- and the presentation of Wil- and discussed Law Day plans friendly activities. Governor liam G. Paul’s Lifetime with the Ottawa County Bar Tucker reported the Law Day Achievement Award by the Association. Governor Will Committee is working on ABA Council for Racial and reported he attended the ABA identifying Law Day chairper- Ethnic Diversity in the Educa- Midyear Meeting, ABA YLD sons for each county. The Ask tional Pipeline. He presented a House of Delegates and OBA A Lawyer TV show will air at 7 CLE and paper to the OBA Strategic Planning Committee p.m. on Thursday, April 27. Master Lawyers Section on meeting. He also distributed a Contest entries have been “Ethics in Representing a Cli- newsletter to all county bar judged. Governor Porter said ent with Diminished Capaci- association presidents in Dis- the Women in Law Committee ty.” Governor Hennigh trict 9 introducing himself as had a good meeting with its reported he attended the Gar- the new governor for the dis- new leadership. They are field County Bar Association trict, announcing the newest beginning to plan their annual meeting. Governor Hicks governors and executive lead- conference with the idea to reported he attended Tulsa ership sworn in to the Board include a speaker on reinvent- County Bar Foundation meet- of Governors and advised ing yourself in an occupation ing preparation, TCBF Golf them of topics from last meet- other than law. Vice President Committee meeting and OBA ing. His goal is to send a Castillo reported at the Bench Access to Justice Committee newsletter every month fol- and Bar Committee meeting meeting via teleconference. lowing the board meeting. Executive Director Williams Governor Hutter reported she reviewed proposed bills affect- attended the luncheon follow- REPORT OF THE YOUNG ing the judiciary. She said two ing the January board meeting, LAWYERS DIVISION videos for the public were in Solo & Small Firm Conference production. Governor Hutter Governor Neal reported he Planning Committee meeting, reported the Diversity Com- attended the ABA Midyear Cleveland County Bar Associ- mittee plans to hold its awards Meeting and ABA YLD House ation executive meeting, coun- event at the judicial center and of Delegates. He said the YLD ty bar regular monthly meet- a law school admissions event, board orientation and first ing, Cleveland County Bench both in October. They will and Bar meeting and OBA meeting will be held tomor- partner with the ABA to do a Diversity Committee monthly row. Survival kits assembled CLE on 1983 cases in May and meeting via conference call. by YLD members will be will talk to Executive Director Governor Kee reported he handed out to those taking Williams about doing a survey. called the nine county bar the bar exam next week. President-Elect Hays reported association presidents in his REPORT OF THE SUPREME the Strategic Planning Commit- district and talked to five of COURT LIAISON tee met yesterday and three them about current topics. He subcommittees were appointed. said they were most interested Justice Edmondson reported Vice President Castillo said in legislative issues regarding Patrick Wyrick was sworn in leadership is reviewing Annual the Judicial Nominating Com- last week as the new justice Meeting events and would like mission and the proposed replacing Justice Steven Taylor, to change up the Thursday sales tax on legal services. who has retired. He said Jus- night event. She asked board Governor Porter reported she tice Wyrick is busy with a members for suggestions. heavy caseload. attended the luncheon hosted REPORT OF THE by President Thomas, Legisla- BOARD LIAISON REPORT GENERAL COUNSEL tive Reading Day, Oklahoma Municipal Retirement Fund Governor Coyle reported the General Counsel Hendryx board meeting, Women in Law Lawyers Helping Lawyers reported the Professional Committee meeting and Hol- Assistance Program Commit- Responsibility Commission loway Inn of Court meeting. tee met and discussed the best and Professional Responsibili-

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 773 ty Tribunal annual reports David A. Poarch, Norman; providing to legislators — free were filed in early February. In Laura McConnell-Corbyn, legal research on the impact of reviewing the reports, she said Oklahoma City; and Charles proposed bills. the number of total grievances W. Adams, Tulsa, to Gov. Fall- UPCOMING EVENTS remains about the same but in as nominees for consider- noted the severity of claims ation for one appointment to Information about a variety seems to be increasing. Disci- the Uniform Law Commission. of OBA and Law Day events pline is following member The term will end June 1, 2021. was shared. Governor Gotwals demographics with the great- OETA FESTIVAL mentioned the Tulsa County est number of lawyers in the Bar Foundation golf tourna- 50-74 year range. She said the President Thomas asked ment, which raised $30,000 most recent Clients’ Security board members to volunteer last year, will be held May 15. Fund claims were paid at for this community service nearly 100 percent in Decem- NEW BOARD MEMBER project taking pledges at ORIENTATION ber 2016, and out-of-state OETA to support Oklahoma’s attorney registration numbers PBS statewide TV station. Directors of each department are about the same. A written Communications Director will share a short summary of report of PRC actions and Manning shared the details their department’s responsibil- OBA disciplinary matters for about the event to take place ities with the new board mem- January was submitted to the March 6. bers. The orientation will take board for its review. DAY AT THE CAPITOL place shortly after the board CLIENTS’ SECURITY FUND meeting concludes. APPOINTMENT President Thomas reminded NEXT MEETING board members the March The board approved Presi- board meeting will be held the The Board of Governors met dent Thomas’ recommenda- evening of March 20, the day March 20 at the Oklahoma Bar tion to appoint John Kinslow, before OBA Day at the Capitol Center in Oklahoma City and Lawton, to fill the vacancy on March 21. Executive Direc- April 14 in McAlester. A sum- created by the resignation of tor Williams reviewed the mary of those actions will be member Lincoln McElroy, events planned for the day. A published after the minutes whose term expires 12/31/17. custom sticky pad will be the are approved. The next board UNIFORM LAW item bar members can give to meeting will be at 10 a.m. Fri- COMMISSION legislators. The pad will have day, May 19, at the Oklahoma the email address of a new Bar Center in Oklahoma City. President Thomas reported service the Legislative Moni- she submitted the names of toring Committee will begin

774 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 BAR FOUNDATION NEWS

OBF Receives Generous Tribute Gift Donation Honors Retired Federal Judge Thomas R. Brett By Candice Jones

The Oklahoma Bar Founda- tion is proud to be the recipient of a $10,000 tribute gift from the Mabee Foundation in honor of retired federal Judge Thomas R. Brett. Judge Brett, a former Trustee of both the Oklahoma Bar Foundation and the Mabee Foundation, is highly regarded for his standards of excellence and dedication to ethics in the legal profession. Judge Brett graduated from OU and the OU College of Law with a B.B.A. in 1953, a LL.B in 1957 and a J.D. in 1971. He Some OBF Trustees and staff members meeting at the Mabee Foundation recently served as a lieutenant in the are, from left, Martha Cordell, Andy Shank, retired Judge Thomas Brett, Mabee Foundation Vice Chairman Raymond Tullius Jr., Tom Vincent II, OBF Executive U.S. Army, attended the Army Director Renée DeMoss and Candice Jones. Command and General Staff College, Industrial College of expert in arbitration and medi- learning, hospitals and other the Armed Forces and Air Force ation. He is a past president of general charitable entities in the Air War College — and is a both the Tulsa County Bar southwest United States. retired colonel of the U.S. Association and the Oklahoma Thank you, Judge Brett, for Army Reserve Judge Advocate Bar Association and has been your many years of dedication General Corps. honored with numerous and service to the legal profes- awards in the areas of ethics, Judge Brett began his legal sion, the state of Oklahoma legal excellence and profession- career as an assistant Tulsa and our nation. We wish you alism throughout his life. County attorney, and during all the best! his years as a civil trial lawyer, Judge Brett has worked close- was named a Fellow of the ly with the Mabee Foundation American College of Trial Law- for 40 years, serving as a Trust- About The Author yers. In 1979, he was appointed ee for 18 of those years. The to serve as a United States dis- Mabee Foundation is a private Candice Jones is trict judge in the Northern Dis- nonprofit entity established in director of devel- trict of Oklahoma, serving as 1948 by the late John E. and opment and com- chief judge from 1994-1996, and Lottie Mabee of Tulsa. The munications for retiring in 2003 after 24 years foundation supports charitable the Oklahoma on the bench. Judge Brett sub- organizations, religious organi- Bar Foundation. sequently became a recognized zations, institutions of higher

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 775 Your support changes lives!

FELLOWS PROGRAMS – Join one of the Fellows Giving Programs.

Fellows – for individuals $100/year Sustaining Fellow $200/year Contributing Fellow $300/year Benefactor Fellow $500/year Leadership Fellow $1,000/year Governing Fellow

Community Fellows – for organizations or businesses $1,000/year Community Partner $2,500/year Community Supporter $5,000/year Community Champion $7,500/year Community Pillar $10,000/year Community Cornerstone

MEMORIALS & TRIBUTES – Make a tribute or memorial gift in honor of someone. OBF will send a handwritten tribute card to them or their family.

UNCLAIMED TRUST FUNDS – Unclaimed trust funds can be directed to the OBF. Please include the client name, case number and as much detailed information as possible about the funds on your company letterhead with the enclosed check. Give online at www.okbarfoundation.org/donate INTEREST ON LAWYER TRUST ACCOUNTS (IOLTA) – OBF Prime Partner Banks give at higher interest rates, so more money is Mail checks to OBF, P.O. Box 53036, Oklahoma City, OK 73152 available for OBF Grantees to provide legal services. Select a Prime Partner Bank when setting up your IOLTA account: BancFirst, Bank Schedule a presentation for of Oklahoma, MidFirst Bank, The First State Bank, Valliance Bank, your group or business by First Oklahoma Bank Tulsa, City National Bank of Lawton, Citi- contacting Candice Jones, at zens Bank of Ada, First Bank & Trust Duncan. [email protected].

Contact the OBF office at CY PRES AWARDS – Leftover monies from class action cases and 405-416-7070 or email other proceedings can be designated to the OBF’s Court Grant Fund [email protected]. or General Fund as specified.

776 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 YOUNG LAWYERS DIVISION

Exciting Upcoming Events! By Lane R. Neal

Most lawyers know (and most young lawyers should know) that May 1 is Law Day. It is not only recognized here in Oklahoma but across the country. The purpose of Law Day is for citizens to show appreciation for the liberties we all enjoy and to recognize the principle of equality and justice under the law. The OBA Law Day Committee, along with the county bars, have been hard at work coor- dinating several events and activities for lawyers to get involved in celebrating Law Day. I would encourage all The Solo & Small Firm Conference will be held at the Choctaw Casino Resort in young lawyers to get involved Durant. in the celebration, whether it be with your county bar asso- Firm Conference. It takes CLE ciation or an OBA activity. As place June 22-24 at the Choc- Yes, I said it. CLE. The CLE young lawyers, it is important taw Casino Resort in Durant. for us to get involved early line-up is fresh and relevant and often! The Law Day ac- In addition to the Young for young lawyers, especially tivities provide some great Lawyers Division Midyear young lawyers with solo or opportunities to share and cel- Meeting, the conference has small-firm practices. There is a ebrate our system of justice a lot to offer young lawyers. big technology focus covering with our fellow citizens. Here are a few of the everything from the latest highlights: Microsoft Office 365 to social YLD MIDYEAR MEETING media. You can expect to pick Networking Are you and your family up information on how to be looking for a quick getaway For many of us, we want to more efficient and create a this summer? Would you like expand our networking circle flexible law practice. There to learn about how to make beyond our local bars and will also be an entire track your law practice more effi- practice areas. But, it can be examining the Alfred P. Mur- cient and flexible? Interested difficult to do. The conference rah Federal Building bombing. in meeting young lawyers provides a perfect environ- A Great Getaway from across the state? If you ment to network and get to answered yes to any of these know bar members from As young lawyers, many questions, think about attend- across the state. of us do not have the time or ing the OBA YLD Midyear resources for long, destination Meeting and Solo & Small vacations. The Choctaw

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 777 other members, early registration is only $200. That is an incredible bargain for all of the CLE, meals and social events. If you want to attend the YLD Midyear Meeting but are not able to attend the CLE, registration is only $80. See all the details and register online The Oasis Pool includes cabanas, a waterslide and VIP seating. at www.okbar.net/solo.

Casino Resort provides a per- class of beading and storytell- I hope to see you in Durant! fect opportunity to relax for a ing – all at nominal prices. few days without breaking the Whether you plan to attend About The Author bank. It really is a world-class by yourself or want to bring resort. The resort has an onsite the whole family, there is Lane R. Neal prac- spa, pools, bowling, laser tag something for everyone. tices in Oklahoma arena, cinema and several City and serves as Discounts great restaurants. Plus, there the YLD chairper- are opportunities for super- There is discounted registra- son. He may be vised children’s activities – tion pricing if you register by contacted at unlimited game play, laser tag, June 8. For lawyers who have [email protected]. bowling, swimming, movie practiced two years or less the Keep up with the and a Choctaw elders craft price is only $125. For all YLD at www.facebook.com/obayld.

STRATEGIC

Experienced litigator Joshua D. Burns has joined Crowe & Dunlevy

in the firm’s Oklahoma City office. With nearly a decade of

experience in complex commercial litigation, he represents clients

in industries including energy, healthcare and financial services.

He is a member of the firm’s Bankruptcy & Creditor’s Rights and

Litigation & Trial Practice Groups. We welcome him to the firm.

JOSHUA D. BURNS Bankruptcy & Creditor’s Rights | Litigation & Trial

crowedunlevy.com

778 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: District Judge Fifth Judicial District, Office 4 Comanche/Cotton County This vacancy is due to the retirement of the Honorable Mark Smith effective February 1, 2017. To be appointed to the office of District Judge, Fifth Judicial District, Office 4, one must be a legal resident of Comanche or Cotton County at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of four years experience as a licensed practicing attorney, or as a judge of a court of record, or both, within the State of Oklahoma. Application forms can be obtained on line at www.oscn.net following the link to Programs, then Judicial Nominating Commission, or by contacting Tammy Reaves, Administrative Office of the Courts, 2100 N. Lincoln, Suite 3, Oklahoma City, Oklahoma 73105, (405) 556-9300. Applications must be submitted to the Chairman of the Commission at the same address no later than 5:00 p.m., Friday, April 21, 2017. If applications are mailed, they must be postmarked by midnight, April 21, 2017. Deborah A. Reheard, Chair Oklahoma Judicial Nominating Commission

“PRESERVING VALUE IN M&A DEALS – THE INDEMNIFICATION CLAIM PROCESS”

presented by JOHN J. MCDONALD Partner: Troutman Sanders (New York City Office)

Sponsor: Business and Corporate Law Section of the Oklahoma Bar Association ►WHEN: Friday, April 28, 2017 8:30 am – 12 noon ► WHERE: 21C Museum Hotel 900 W. Main Street Oklahoma City, Oklahoma 73106 This program has been approved for 3 hours of MCLE Credit The seminar is free for members of the Business and Corporate Law Section of the OBA All other attendees: $100 Please RSVP to Mary Houston • [email protected] • (405) 235-7000

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 779 FOR YOUR INFORMATION

OBA Members Raise Funds for OETA The OBA raised nearly $11,000 in private donations as part of its volunteer effort to support the state’s PBS TV station during the annual OETA Festival. President Linda Thomas presented a check to the station, which partners with the bar association to produce the annual Ask A Lawyer TV show. The amount donated keeps the OBA at the top sponsorship level that is recognized in the station’s monthly programming guide. Many thanks to those who made financial contributions and to the 25 OBA members and staff who volunteered. This year’s volunteers were Melinda Alizadeh- Fard, Brittany Byers, Robert Clark, Cliff Elliot, Jerrod Geiger, Robert Don Gifford, OBA President-Elect Kimberly Hays, From left: OBA member and OETA host Kim Brasher accepts a check OBA Past President Garvin Isaacs, Darla for $10,725 from OBA President Linda Thomas, OBA Executive Jackson, Jeremiah Jordan, Mark Koss, Director John Morris Williams, OBA President-Elect Kimberly Hays Edward Oliver, Zachary Plaudis, Robert and OBA Past President Garvin A. Isaacs. Powell, Allison Rosso, Charles Rouse, Ricki Sonders, Kim Stevens, Barbara Stone, OBA President Linda Thomas, Margaret Travis, Mary Travis, Richard Vreeland, Ricki Walterscheid and OBA Executive Director John Morris Williams.

Patrick Wyrick to Be Sworn In to Oklahoma Aspiring Writers Supreme Court Take Note Patrick Wyrick will be formally sworn in to the Oklahoma We want to feature Supreme Court Friday, April 21, at 2 p.m. in the Oklahoma your work on “The Back Supreme Court Ceremonial Courtroom. Page.” Submit articles Chief Justice Douglas Combs will preside related to the practice of over the ceremony. law, or send us something Mr. Wyrick, a fourth-generation Atoka humorous, transforming native, earned his bachelor’s degree in or intriguing. Poetry is an sociology/criminology from OU and his option too. Send submis- J.D. from the OU College of Law in 2007. sions of about 500 words He worked as an associate attorney at to OBA Communications GableGotwals and as a law clerk to Judge Director Carol Manning, James Payne in the U.S. District Court of [email protected]. Eastern Oklahoma in Muskogee.

Justice Patrick Wyrick Beginning in 2011, Mr. Wyrick served as Photo: Erin McGregor – Legislative solicitor general in the Oklahoma Attorney Service Bureau General’s Office. As solicitor general, he represented the state of Oklahoma before the U.S. and Oklahoma supreme courts and other federal and state courts. He also authored attorney general opinions and served as a key legal adviser to a variety of state officials. “It is the honor of a lifetime to represent my hometown district as a member of the Oklahoma Supreme Court,” Mr. Wyrick said. “I will continue to work hard and do my best to serve the people of this great state.”

780 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 Margaret Travis Joins OBA as Heroes Program Coordinator Margaret Travis recently joined the OBA staff as the new part-time OBA Heroes Program coordinator. She will oversee the Oklahoma Lawyers for America’s Heroes Program and will be responsible for determining eligibility for services, recruiting and matching volunteer lawyers for pro bono services, monitoring case assignments and representing the program at various functions, conferences and events. Ms. Travis received her J.D. from the OU College of Law and her MHA from the OU Health Sciences Center. She has been in private practice since 1991 and currently focuses her practice on bankruptcy. Ms. Travis believes in volunteering and has volunteered several times for the Oklahoma Lawyers for America Heroes, was recognized as the Oklahoma Lawyers for Children Lawyer of the Year and has worked the Margaret Travis Legal Aid of Oklahoma Pro Se Divorce Docket. She is also a foster care “flunkie” with the Heartland Lab Rescue and volunteers her time at St. Francis of Assisi Catholic Church and at St. Joe’s Old Cathedral, both in Oklahoma City. She may be reached at 405-416-7086 or [email protected].

Deadline Extended for OBA OBA Member Resignations President’s Cruise to Cuba The following members have resigned as members An extension to the deadline for of the association and notice is hereby given of such OBA President Linda Thomas’ Cruise resignation: to Cuba has been made. Travelers may book anytime up to two weeks Joni Lee Autrey Pamela Sue Holtzclaw prior to departure; however the nego- OBA No. 30976 (nka Williams) tiated rate of $3,193.75 per person 3672 Santa Adriana Ave. OBA No. 4336 expires April 28. After April 28, the Las Cruces, NM 88012 515 Ridgeway Little Rock, AR 72205 cost of the cruise could increase by Kelly Marie Baldrate up to 15 percent. OBA No. 21457 Stanley Allan Leasure The cruise is July 5-14, 2017. The 713 Custer Avenue OBA No. 15286 price includes roundtrip air from Evanston, IL 60202 1853 S. Fairway Ave. Springfield, MO 65804 Oklahoma City or Dallas to Montego Stephen A. Becker Bay, Jamaica, two nights’ all-inclusive OBA No. 644 Ronald Charles Palmatary standard accommodations at the 300 Barr Harbor Dr., OBA No. 11688 Iberostar Rose Hall, seven nights’ Ste. 250 11500 Copper Trails Ln. ocean view accommodations on the West Conshohocken, PA Oklahoma City, OK 73170 Celstyal Crystal, all meals and bever- 19428 ages on the ship, six hours of CLE Kenneth Russell Park and much more! Jennifer Nicole Brannon OBA No. 22265 Contact Bonnie Hedges at bonnie1@ OBA No. 30997 6440 Avondale Dr., bhtravel.com for more information. 1330 Brookmere Way Ste. 200 Cumming, GA 30040 Nichols Hills, OK 73116 Connect With the OBA Through Altresha Q. Burchett- Robert Michael Rauh Social Media Williams OBA No. 7426 Have you checked out the OBA OBA No. 31803 2401 E. Speedway Blvd. Facebook page? It’s a great way to get One AT&T Plaza Tucson, AZ 85719 updates and information about 208 S. Akard St., Ste. 2907 upcoming events and the Dallas, TX 75202 Oklahoma legal community. Linda Sherrylon Golden Like our page at www.face- OBA No. 10652 book.com/OklahomaBar 1323 Tenkiller Lane Association and be sure to fol- Norman, OK 73071 low @OklahomaBar on Twitter.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 781 BENCH & BAR BRIEFS

of Piedmont for more than a can law, criminal defense, quarter century of service to civil litigation and govern- the City of Piedmont. He is ment practice. of counsel at the Miller Dol- rent H. Baggett has been larhide law firm in Oklahoma selected by the District City. T oris Fransein, Tulsa Juve- Attorneys Council to serve as Dnile Court chief judge, the next executive coordina- accepted the Parent Child tor. Center Guardian Angel ableGotwals announced Award during the organiza- the addition of seven tion’s annual Toyland Ball in G new shareholders. Robert January. She was recognized McCampbell and Travis Jett for her role in the Safe Babies joined the firm’s Oklahoma Court Project. City office. Intellectual prop- eoffrey D. Long of Okla- rad West of Shawnee has erty attorneys James F. Lea homa City announces the been named vice presi- G III, Todd A. Nelson, David B opening of GDL Legal PLLC. dent for the Oklahoma Chap- G. Woodral and Scott R. Mr. Long’s practice focuses ter of the American Board of Zingerman joined the firm’s on government and adminis- Trial Advocates for 2017. The Tulsa office. GableGotwals trative law with emphasis on announcement was made at has promoted Daniel A. Oklahoma ethics law, includ- the Oklahoma Chapter Annu- Nickel from of counsel to ing campaign finance, elec- al Banquet. shareholder. tion law, lobbying regulation en. Kay Floyd was named and other areas of political aniel X. Resendez has Sas a 2016 Elected Women activity regulation. Djoined Crain and Associ- of Excellence Award winner ates PLLC as an associate he Fort Worth, Texas, law by the National Foundation attorney. He is a 2016 gradu- firm Broude, Smith and for Women Legislators. The T ate of the OCU School of Law Jennings PC has added Wil- award was presented at the and practices in the areas of liam T. Fitzgerald, sharehold- Toast to the Women of Excel- estate planning, probate, real er; Robert J. Fitzgerald, asso- lence ceremony during the estate, landlord-tenant and ciate; and Preston J. Dugas 2016 Annual Conference in business planning. III, of counsel attorney, to the Orlando, Florida. firm. The firm’s name has eridith D. Lindaman ark Antinoro of Pryor changed to Broude, Smith, Mwas named partner at Mpublished Divorce in Jennings, McGlinchey and the Tulsa offices of Steidley Oklahoma, a book that guides Fitzgerald PC. and Neal PLLC. Rachel A. people through the divorce Fields has joined the firm’s ebecca J. David has process. Tulsa office as an associate joined the Tulsa-based R and Angel McPherson has ouglas J. Sorocco of law firm of Atkinson, joined the McAlester office as Oklahoma City was Haskins, Nellis, Brittingham, D a partner. named to the Business Com- Gladd and Fiasco as an asso- mittee for the Arts Executive ciate. She is 2016 graduate of ace T. White has joined the Board. He practices in all the TU College of Law. JOklahoma City-based firm areas of intellectual property Pignato, Cooper, Kolker and obert Don Gifford has law. Robertson PC as an associate. joined Gungoll, Jackson, R He is a 2016 graduate of the unicipal Judge Charles Box and Devoll as a senior OCU School of Law. MH. Pankey was recog- attorney in the firm’s Oklaho- nized by the Oklahoma ma City office. His practice eresa L. Green has joined Municipal League and City will focus on Native Ameri- Tthe Oklahoma City-based

782 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 firm Andrews Davis. Her workers’ compensation and How to place an announce- practice focuses on estate litigation. ment: The Oklahoma Bar Journal planning, family law and welcomes short articles or business law. news items about OBA members and upcoming meetings. ohn H. Graves has joined If you are an OBA member and Jthe Oklahoma City office of you’ve moved, become a part- The National Litigation Law ner, hired an associate, taken Group PLLC as director of on a partner, received a promo- consumer litigation. Prior to tion or an award, or given a joining NLLG, he was in pri- talk or speech with statewide vate practice for 14 years. tephen Boaz of Oklahoma or national stature, we’d like City spoke at the National to hear from you. Sections, he Oklahoma City-based S committees, and county bar Tornado Summit in Oklaho- firm Durbin, Larimore associations are encouraged T ma City. He was a member of and Bialick PC has recently to submit short stories about a panel presenting informa- named four new partners; upcoming or recent activities. tion on handling claims aris- Andrew Gunn, Timothy Honors bestowed by other ing from wind and tornado Martin, Thomas Kendrick publications (e.g., Super Law- catastrophes. and David Kearney. Mr. yers, Best Lawyers, etc.) will not be accepted as announcements. etired Oklahoma Gunn has 15 years’ experi- (Oklahoma-based publications ence in civil litigation. Mr. RSupreme Court Justice are the exception.) Information Martin has over 25 years’ Steven W. Taylor spoke at the selected for publication is experience as a trial lawyer Freedom of Information Okla- printed at no cost, subject to and certified mediator. Mr. homa’s second annual Night editing, and printed as space Kendrick has 14 years’ experi- of Sunshine dinner April 7. permits. ence as a trial lawyer. Mr. He spoke about the impor- Submit news items via email to: Kearney has 31 years of expe- tance of ensuring openness in Lacey Plaudis rience in trial litigation and government and the availabil- Communications Dept. appellate work. ity of public records. Oklahoma Bar Association ichael A. Fagan mir Farzaneh Tyler 405-416-7017 is a new and [email protected] Mshareholder with Fellers AChristians presented a Snider. He is based out of the CLE on the recent changes in Articles for the May 20 issue firm’s Oklahoma City office immigration policy. The CLE must be received by April 21. and will focus his practice on was held Feb. 17.

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Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 783 IN MEMORIAM

aniel Frank Allis died where he served from 1965 to 1943, he continued his studies DAug. 24, 2015. He was 1968. Mr. Baldridge was the in law, earning an LL.B., born Nov. 30, 1934, in Mount city attorney for Joplin from LL.M. and a S.J.D. by 1951. He Pleasant, Michigan. He 1971 to 1985. He was also the joined the OU College of Law enjoyed sailing on Grand Jasper County circuit judge faculty in 1952 and after re- Lake with friends, family and from 1992 to 1998. He was tiring in 1985, remained an colleagues. He was an avid sworn in as a senior judge on active member of the OU Col- Boy Scout camper. He also Sept. 30, 2004, the position he lege of Law community until enjoyed ship modeling and remained in until his death. 2010. His thesis, How Arbitra- providing pro bono legal tion Works, was published in Franklyn Casey of Tulsa advice to charitable institu- 1952 and is widely regarded died Feb. 25. He was tions as well as individuals in N. as the authoritative treatise on born Oct. 2, 1942. He attended need. Mr. Allis started his the law and practice of labor public schools in Tulsa and legal career working on the arbitration. In January 2009, graduated from Edison High Chapman/McFarlin interests, he and his wife published Sto- School in 1960. He attended now known as the Chapman ries of the American Civil War: TU, where he earned a B.A. in Charitable Trust. He later Why and How It Was Fought, 1965 and a J.D. in 1966. He practiced estate planning, with proceeds donated to practiced law in Tulsa for 47 trust, corporate and tax law. support medical research in years and was affectionately He retired from active practice osteo-arthritis. in 1999 but continued to offer nicknamed “Loophole.” He ohn M. Jacobsen his services to his clients as was known for devising of Ed- able. Donations in his honor unique and innovative solu- Jmond died Dec. 25, 2016. can be made to Neighbor for tions to complicated legal He was born in Salt Lake City Neighbor Legal Clinic. problems. in 1958. After graduating from Brigham Young University in ana K. Cohlmia of Okla- eorge C. Baldridge of 1983 he moved to Oklahoma homa City died Feb. 11. Joplin, Missouri, died L City to study at the OCU G She was born Jan. 5, 1959, in April 17, 2012, in Springfield, School of Law. After his grad- Dallas. She graduated from Missouri. He was born April uation in 1986, he began Putnam City High School in 20, 1929, in Webb City, Mis- working for Oklahoma City’s 1977. She received her B.S. souri. He was a 1947 graduate City Attorney’s Office. In from OSU in 1981 and her J.D. of Webb City High School. He 1988, he transferred to the from the OCU School of Law attended Joplin Junior College Oklahoma County District in 1985. Ms. Cohlmia prac- from 1948 to 1949 and then Attorney’s Office and worked ticed civil and family law for Kent State where he received in the Civil Division. In 2001, over 30 years. She was admit- an accounting degree in 1951. Mr. Jacobsen was promoted to ted to practice in the United He was drafted into the first assistant district attorney States Supreme Courts, Unit- Army in 1952. After his hon- and later served as chief of ed States Court of Appeals for orable discharge in 1953, he the civil division of that office. the 10th Circuit and United worked for the Tom Cusack In 2011, he was appointed as a States District Courts for Sr. Accounting Firm. He special district judge for Western, Eastern and North- received his J.D. from the Oklahoma County and was ern Oklahoma. She co-hosted OU College of Law in 1957. assigned to the juvenile divi- the radio show, Saturday Night He passed his CPA exam five sion of that court. *This memo- Law, with Doug Friesen from days before passing his bar rial has been corrected from a 1998 to 2005 on Oklahoma exam. He became the city previous version. attorney for Carterville, Mis- KTOK. They took calls and onald Mason souri, in 1957. He was sworn discussed any and all issues. died Dec. 2, 2016, in Oklahoma City. in as magistrate judge for rank Elkouri died Jan. 18, R He was born Nov. 4, 1964, in Jasper County in 1962. On 2013, in Norman. He was F Oklahoma City. Mr. Mason Nov. 3, 1964, he was sworn in born Sept. 3, 1921, in Byron. received a bachelor’s degree as Jasper County prosecutor After graduating from OU in from Oklahoma Baptist Uni-

784 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 versity. He also received a J.D. and sharing her travels with graduated from Enid High from the OU College of Law family and friends by hosting School in 1940. In 1942, he in 1992. He began his career at dinners highlighting her expe- joined the United States Huckaby, Fleming, later riences. She appreciated Navy and served at Barbers worked at Dobbs, Schroder & opera, art, cooking and gar- Point, Oahu, Hawaii, as an Middleton and then at Holla- dening. Contributions in her aviation metalsmith. Mr. day & Chilton. He started his honor may be given to Meals Smith continued his service own firm Mason Olson Law on Wheels of Metro Tulsa. in Norman, teaching as an Firm and finished his career aviation metalsmith at the illiam S. Myers Jr. of at Mason Law Firm. Naval Air Technical Training Nichols Hills died W Center. He was honorably eorge Edward Meisel Feb. 18. He was born Feb. 6, discharged in 1946. He re- Jr. of Pauls Valley died 1924, in Tulsa. In 1941, Mr. G ceived his J.D. from the OCU Feb. 16. He was born June 18, Myers began attending OU. School of Law in 1956. He 1945, in Kansas City, Missouri. He then entered the U.S. spent his professional years He graduated from Lawton Army in World War II. He dividing his time between High in 1963. He attended OU returned to graduate from OU practicing probate law, his graduating with a B.A. in and then from Harvard Law real estate business and vol- 1967, an M.A. in political sci- School. During the Korean ume income tax preparation. ence in 1968 and both an M.S. War, he joined the Air Force in library science and a J.D. in as a JAG officer. He was a teven Emmet Smith of 1975. He was a member of the graduate of the Industrial STulsa died March 5. He Oklahoma Law Review and Phi College of the Armed Forces was born Nov. 2, 1929, in Still- Delta Phi Legal Fraternity. He and retired as colonel from water. He received his B.S. in served as a captain in the the U.S. Air Force. He engineering from the Univer- U.S. Army. He served in Viet- received France’s highest sity of Arkansas in 1951. Mr. nam earning a Bronze Star military medal, the Legion of Smith trained in the U.S. Air Medal and a Bronze Star Honor. He was also the recip- Force for service during the Medal with Oak Leaf Clus- ient of the U.S. Legion of Korean War. He loved to fly ter. In 1976, he served as a Merit. He began practicing and particularly enjoyed for- municipal judge in Pauls Val- law in Oklahoma City in 1949. mation flying in air shows ley and Wynnewood. He was After 17 years of practice, he with his fellow War Bird a member of the Kiwanis. He was elected county judge of pilots. He received his J.D. in adored his grandchildren, Oklahoma County and later 1957 from the OU College of fried pies, Blue Bell ice cream, became a district judge. By Law. His practice in law Pig Shop cheeseburgers and special appointment by vari- began in Tulsa shortly thereaf- fast cars. He loved his Sooners ous governors, he served on ter. He remained active in and followed the OU football the Oklahoma Supreme Tulsa Title Lawyers until and basketball teams with Court, Court of Criminal recent years. He was a mem- great interest and frustration. Appeals, Court of Civil ber of the Tulsa County Bar Appeals and Court of the Association, Executives of isa Moran of Tulsa died Judiciary. He was an adjunct Tulsa, Quiet Birdmen, the Feb. 3. She was born L professor at the OU College Tulsa Bicycle Club and was a Dec. 18, 1950, in Muskogee. of Law and also taught at the former president of the Sum- She received her J.D. from the OCU School of Law. Dona- mit Club. He enjoyed biking, TU College of Law in 1988. tions in Mr. Myers’s honor fishing, hunting, flying and She worked as a real estate can be made to the Judge Wil- camping. Donations in his attorney for over 25 years. Ms. liam S. Myers Award for Aca- honor may be made to the Moran served as both a mem- demic Excellence in Sociology, American Cancer Society and ber and past president of the in care of UCO Foundation, Folds of Honor. Gillies, a volunteer organiza- 100 N. University Dr., Box tion of the Gilcrease Museum. lifford Oscar Stone died 133, Edmond, OK 73034. Additionally, she volunteered CAug. 3, 2012, in Kansas for both the Parkinson’s Foun- enjamin E. Smith died City, Missouri. He attended dation Board and Legal Aid of BOct. 18, 2015. He was born OU where he lettered in bas- Tulsa. She enjoyed traveling May 19, 1922, in Edmond. He ketball and earned a J.D. from

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 785 the OU College of Law in Bar Associations and was a Uncas. He graduated from 1957. His legal career spanned CPA. He practiced law at Seminole High School and 56 years, practicing in oil and Moyers, Martin, Santee, Imel OU. He received his J.D. from gas. He helped establish the and Tetrick for 35 years. He the TU College of Law in First Judicial Legal Assistance was active in the Tulsa Rotary 1957. Mr. Yarbrough was a Program, helping seniors in Club. He served as an active United States Navy veteran. need of legal assistance. He duty officer in the U.S. Navy He was a landman in the oil served in the Navy during for two years. He enjoyed and gas production field. He the Korean War and went on outdoor activities including was a longtime member of the to join the Army as a JAG hunting, fishing, golf and First United Methodist Church officer. He retired as a colo- gardening. and active in the Beacon Class. nel in the Army Reserves. He was also a Shriner. ames Charles Winterringer Donations in his honor may died Jan. 7 in Shawnee. He ryan Young died Feb. 7 in be made to OU or the Ameri- J was born Sept. 30, 1932, in Norman. He was born can Cancer Society in the B Shawnee. He was a 1950 March 26, 1969, in Cincinnati, study of Mantle Cell Lympho- graduate of Shawnee High Ohio. He received a B.S. in ma, P.O. Box 22718, Oklahoma School, a graduate of Oklaho- sports science from OU in City, OK 73123-1718. ma A&M University (OSU) 1994. He obtained his masters arry Tedder of Oklahoma and a 1959 graduate of the in education administration in LCity died Feb. 8. He was OU College of Law. He 2003 from Southern Nazarene born Nov. 29, 1946, in Fort served as an officer in the University, and in 2012, he Sill. He graduated from Law- U.S. Army. Mr. Winterringer earned his J.D. from the OCU ton High School in 1964. He was an attorney and Sonic School of Law. In 2014, he continued his education and Drive-In franchise owner. He retired from education to join graduated with a B.A. from enjoyed piloting his own the law firm of Ward & Glass OU in 1973 and a J.D. from plane, spending time with his LLP, where he worked until the OCU School of Law in family at Lake Tenkiller, gar- his passing. He spent 17 years 1975. He worked for the dening, walking his dog as an educator with Norman Cleveland County District Chevy, traveling the world, Public Schools. During his Attorney’s Office before open- spending time in Cabo San tenure in the district, he ing a private practice as a Lucas and working on proj- served as a teacher, a mentor criminal defense attorney. ects around his home. He was and a coach. He took over as Donations in his honor can a lifelong active member of the president of the Profes- be made to the Spencer C. the First United Presbyterian sional Educators of Norman Duncan Make It Count Church of Shawnee, past in 2003. In 2006, he returned Foundation. president of Lions Club Inter- to Norman North High School national, former Pottawato- as the assistant principal and harles B. Tetrick of Tulsa mie County district attorney in 2009, he took over as the died Dec. 28, 2015. He C and member of Phi Delta principal, where he remained was born July 2, 1933, in Theta Fraternity. Donations in until his retirement. Dona- Tulsa. He received a BBA in his honor can be made to the tions in his honor may be accounting from OU and a Shawnee Educational Founda- made to the Norman Public LL.M from Washington Uni- tion at P.O. Box 3521, Shaw- School Foundation Teacher versity in St. Louis. In 1965, nee OK, 74802. Grant Program, 131 S. Flood he received his J.D. from the Ave., Norman, OK 73069. TU College of Law. Mr. Tet- illis Ray Yarbrough of rick was a member of the WTulsa died Jan. 6, 2016. Tulsa County and American He was born Jan. 5, 1928, in

786 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 WHAT’S ONLINE

Communicating Oklahoma Gardening Between Generations Getting ready for spring landscaping and gardening? The OSU-sponsored program Oklahoma Baby boomers, Gen Xers and millennials all have Gardening has loads of Oklahoma-focused tips for their own preference in communications, and the month of April that cover everything from sometimes one approach to communication can be starting your lawn fertilization to when to hang a mistake. From in-person communication to text your hummingbird feeders. messaging, it’s good to assess your firm’s needs Goo.gl/N9i3hr and work to find the best way to bridge the communication gap. Goo.gl/TY0N09

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Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 787 CLASSIFIED ADS

SERVICES OFFICE SPACE

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788 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 POSITIONS AVAILABLE POSITIONS AVAILABLE

COMPTON LAW seeks litigation associates with 3-5 DOWNTOWN OKLAHOMA CITY PERSONAL INJU- years’ experience to practice in the areas of general civ- RY FIRM SEEKS AN ASSOCIATE with minimum 3 to 5 il, family, criminal and personal injury for both OKC years’ experience in general civil litigation. Individual and Hinton offices. Base salary with handsome perfor- must be able to draft pleadings, prepare discovery re- mance based compensation bonus. Must be polished, sponses and handle scheduling. Trial and deposition professional, self-motivated and committed to a team experience preferred. Please send your resume with based company. Applicants must have the experience salary requirements to [email protected]. and ability to handle and manage individual cases while also having the flexibility to assist with and par- PARALEGAL. EXCELLENT PAY AND BENEFITS! ticipate on team based projects/assignments. Inter- W.C. Bradley Co., a 130+ year old international con- ested applicants to send cover letter and resume to: sumer products company seeks a qualified paralegal [email protected]. for its Tulsa, Oklahoma, office. Reporting directly to the general counsel, this position will perform critical legal ESTABLISHED OKLAHOMA CITY LAW FIRM SEEK- functions on behalf of its family of world class compa- ING ATTORNEY(S) WITH INSURANCE DEFENSE nies who compete in the global marketplace. This posi- LITIGATION EXPERIENCE. Great problem solving tion will be replacing one of our paralegals who has and writing skills. Compensation and benefits negotia- been with us for 14 years and is retiring in June 2017, ble. Please submit cover letter, resume and writing therefore ample time for training is available. Require- sample to “Box KK,” Oklahoma Bar Association, P.O. ments include a self-motivated team player with 5+ Box 53036, Oklahoma City, OK 73152. years’ experience; completion of an ABA-accredited paralegal program is preferred. Candidates must have AV RATED DOWNTOWN OKC LAW FIRM SEEKS strong legal research and writing skills. Excellent com- ATTORNEYS with two or more years’ experience in es- puter, organizational, attention-to-detail, project man- tate planning, litigation and/or labor and employment. agement, written/verbal communication and prioriti- Special consideration to those with existing business, zation skills are musts. The ability to meet deadlines is but not required. Salary based on experience. Parking/ critical. Candidate should have flexibility for some Health/Dental/Retirement plan. Send resume to “Box travel. This position requires experience in product li- NN,” Oklahoma Bar Association, P.O. Box 53036, Okla- ability claims and litigation, regulatory (primarily homa City, OK 73152. working with the Consumer Products Safety Commis- MULTI-STATE LITIGATION FIRM, is seeking senior sion) and general research. Insurance and claims expe- associates or first level partners to work in their Tulsa rience is necessary. Proficiency with Microsoft Word, and/or Oklahoma City offices. Must be willing to work Access, Outlook, Excel, PowerPoint and Windows- together as a team in a very active practice. We handle based software is required. Experience with Westlaw, a variety of interesting cases that challenge a lawyer’s Serengeti Legal Tracker and CTS is a plus. Contract creativity. Experience in products liability, trucking/ (consumer product emphasis with retailers such as transportation, catastrophic injury and premise liability Wal-Mart, Bass Pro, Home Depot, Lowes, etc.) and Cor- necessary; additional experience in insurance coverage porate Governance experience is a plus. Your expertise and/or employment law is a bonus. We hire and pay will be rewarded with an attractive salary/benefits for the proven best and the brightest. The pay is com- package along with a casual dress code environment. mensurate with salaries in the area, but the bonuses are To apply, please submit salary requirements, salary his- not. That is where the best and brightest get their re- tory and resume to the following: https://career4. ward for a job well done. A firm where meritocracy successfactors.com/sfcareer/jobreqcareer?jobId=1321 truly rules. Only those up to the challenge need apply. &company=wcbradley&username. No phone calls Please send resumes to “Box AB,” Oklahoma Bar As- please. The W.C. Bradley Co. is an Affirmative Action sociation, P.O. Box 53036, Oklahoma City, OK 73152. and Equal Opportunity Employer. The W.C. Bradley Co. uses E-Verify to confirm the employment eligibility OKLAHOMA CITY LAW FIRM IS SEEKING AN AS- of all new team members. To learn more about E-Verify, SOCIATE with 3 to 5 years’ experience in immigration including your rights and responsibilities, please visit law. Individual must be able to handle removal pro- the U.S. Citizen and Immigration Service at www.uscis. ceedings, family-based petitions and hardship waiver gov/e-verify. E-Verify is a registered trademark of the cases. Please send your resume, cover letter and writ- U.S. Department of Homeland Security. ing samples to [email protected]. SMALL DEFENSE LITIGATION BOUTIQUE IN DOWN- FENTON FENTON SMITH RENEAU & MOON, AN AV TOWN OKLAHOMA CITY seeks an experienced para- RATED DEFENSE FIRM IS SEEKING AN ATTORNEY legal. Prefer medical malpractice/personal injury/prod- with one to five years of experience to assist in its civil uct liability experience. The firm offers an atmosphere of litigation department. Please submit a resume, writing team building and support for a self-motivated individu- sample and transcript to: Recruiting Coordinator, 211 N. al. Please send resume to [email protected]. Robinson, Ste. 800N, Oklahoma City, OK 73102.

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 789 POSITIONS AVAILABLE POSITIONS AVAILABLE

THE LAW FIRM OF COLLINS, ZORN & WAGNER, EXPANDING LAW FIRM SEEKS ENTREPRENEUR- PC is pleased to announce two newly created positions IAL-MINDED ATTORNEYS with experience in the fol- for associate attorneys. The firm is currently seeking an lowing practice areas: HR/employment; estate plan- attorney with 1-3 years’ experience and another attorney ning; healthcare/regulatory; personal injury/insurance with 5-10 years’ experience. Associates in these posi- defense and/or trucking/transportation litigation. We tions will be responsible for court appearances, depo- are looking for resourceful individuals who want to be sitions, discovery and general litigation in active cases part of a unique team of lawyers and work on a wide filed in the Oklahoma Eastern, Northern and Western variety of business consulting and litigation. Experi- Federal District Courts. Collins, Zorn and Wagner, PC enced with a book of business? Young and hungry? We is primarily a defense litigation firm focusing on civil have room for all. Tired of working long hours for just rights, employment and constitutional law. Please a salary? Our compensation package allows flexibility send your resume, references and a cover letter in- with regard to income and work load. We have a great cluding salary requirements to [email protected]. origination policy, too. Send resume and cover letter/ video correspondence clip outlining practice area expe- ASSOCIATE ATTORNEY: AV-rated, downtown Oklaho- rience and why you are ready to work in a different ma City litigation firm, whose primary areas of practice kind of firm, to [email protected]. are insurance defense, products liability and transportation defense, has an immediate position available for an FIRST AMERICAN TITLE INSURANCE COMPANY associate attorney with 2+ years’ experience. A qualified SEEKS ATTORNEY FOR TITLE EXAMINATION and candidate must have solid litigation experience, includ- underwriting counsel for Tulsa County. Must have ing a proven aptitude for performing legal research, strong background in real estate law and title examina- drafting motions and briefs and conducting all phases of tion. All contacts will be kept confidential. Compensa- pretrial discovery. Salary is commensurate with experi- tion commensurate with experience. Send resume to ence. Please send resume to [email protected]. [email protected]. THE EDMOND OFFICE OF RUBENSTEIN & PITTS ASSOCIATE ATTORNEY – KOZENY & MCCUBBIN, SEEKS FULL TIME ASSOCIATE with 2-5 years of expe- LC, EDMOND, OK. We are seeking candidates with a rience to assist with transactional and business litiga- law degree from an accredited university; license to tion practice. Excellent writing, analytical skills, inter- practice in OK, active and in good standing, with will- personal skills, motivation and strong academics are ingness to obtain licensing for other states as requested; required. Full range of benefits and competitive salary. 1 to 10 years’ experience practicing law, creditor’s Send cover letter, resume, references and writing sam- rights and civil litigation preferred; advanced comput- ple to [email protected]. er skills; accuracy and efficiency in a high-volume, fast- paced environment; professional demeanor; team- RIGGS ABNEY IS SEEKING AN ASSOCIATE ATTOR- oriented with excellent communication and problem NEY TO JOIN ITS FAMILY LAW GROUP in its Tulsa solving skills. The associate attorney will provide legal office. Ideal candidates will have 2-7 years of experi- services and counsel, litigate cases and advise the ence in handling divorces and legal separations, custo- firm’s clients and partners regarding legal rights, re- dy matters and guardianships. Applicant must be able sponsibilities, strategies, and best practices on retained to manage individual cases while assisting senior attor- matters; will also be expected to keep current on chang- neys in projects/assignments. Excellent trial presenta- es in the law and attend CLE courses. Position operates tion, writing, analytical and interpersonal skills required. in a fast-paced environment of tight deadlines and very Pay is commensurate with experience. Please direct all high standards. Full time, Monday – Friday, minimum inquiries to Jamie Neal at [email protected]. hours 8 a.m. – 5 p.m., some travel required for court appearances throughout the state. Benefits include ALTUS CITY COUNCIL IS LOOKING TO RETAIN/EM- medical, dental, vision, 401k, paid holidays, paid time PLOY AN INDIVIDUAL OR FIRM to provide city attor- off, plus various voluntary, ancillary benefits. Final ney services. For more info, please contact City Manager candidates must pass pre-employment drug-screening, Janice Cain - [email protected] or 580-481-2202. credit and criminal background checks, and educa- WATKINS TAX RESOLUTION AND ACCOUNTING tion/credential verification. Our firm is AV rated and FIRM is hiring attorneys for its Oklahoma City and an Equal Opportunity Employer dedicated to work- Tulsa offices. The firm is a growing, fast-paced setting force diversity. Qualified candidates may apply at: with a focus on client service in federal and state tax https://home.eease.adp.com/recruit/?id=15573141. help (e.g. offers in compromise, penalty abatement, FRANDEN, FARRIS, QUILLIN, GOODNIGHT AND innocent spouse relief). Previous tax experience is not ROBERTS a mid-size, Tulsa AV, primarily defense liti- required, but previous work in retail, restaurant or gation firm seeks a lawyer with 5-8 years’ experience. If other customer service area is preferred. Competitive interested, please send confidential resume, references salary, health insurance and 401K available. Please and writing samples to [email protected]. send a one-page resume with one-page cover letter to [email protected].

790 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 POSITIONS AVAILABLE THE UNIVERSITY OF OKLAHOMA’S OFFICE OF Notice of Pro Se Law Clerk Vacancy LEGAL COUNSEL HAS TWO OPENINGS FOR LITI- United States District Court GATION ATTORNEYS on the university’s main cam- Northern District of Oklahoma pus in Norman, Oklahoma. Candidates should have experience in all aspects of complex civil litigation Tulsa practice, impeccable legal research and writing skills and the ability to work in a fast-paced environment. Applications are now being accepted for Experience with employment and the Oklahoma Gov- the position of Pro Se Law Clerk. This posi- ernmental Tort Claims Act preferred. Applicants must tion reports to the Chief Judge and serves have a J.D. from an ABA-accredited law school and a current Oklahoma bar license. Applications must be made all Article III Judges in the Northern District electronically through the University of Oklahoma’s On- of Oklahoma. The incumbent will provide line Employment System at http://jobs.ou.edu/. legal advice and assistance to the Court SMALL TULSA LAW FIRM SEEKING FULL-TIME OF- regarding prisoner petitions and complaints. FICE MANAGER. Experience with Microsoft Office, The incumbent will also handle death pen- TimeSlips and Quickbooks Pro preferred. Pay com- alty cases. Preference will be given to appli- mensurate with experience. Send resumes to “Box B,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma cations received on or before April 28, City, OK 73152. 2017. The salary range is $78,168.00 – $131,833.00, based on qualifications and experience. The report date will be October 2, 2017. See full notice and application instructions at: www.oknd.uscourts.gov. AN EQUAL OPPORTUNITY EMPLOYER

Vol. 88— No. 11 — 4/15/2017 The Oklahoma Bar Journal 791 THE BACK PAGE

The Rewards of Mock Trial Coaching By Judge Daman Cantrell

The Oklahoma Bar Association legal community for a day. Coordi- prepare for competition, I must recently completed its 38th year of nator Judy Spencer leads an amaz- work with them to craft a theme to competition in the High School ing OBA committee to make it all tell a case story that resonates with Mock Trial Program. The annual happen. the mock trial judges. With this competition is sponsored by the work, I always learn more than I The rewards are not just for the OBA Young Lawyers Division and teach. students who wish to have a career the Oklahoma Bar Foundation. For in the law. Coach Michon Hastings “The more meaningful reason I the 28th year, this program has been said, “Students learn the joys and am involved with mock trial is my main bar association volunteer rewards of working hard to accom- because it gives me the opportunity activity. And for the 28th year, I plish a goal and gain lifelong skills to watch young people develop have been motivated, inspired and that will carry them powerfully and their personal power, confidence delighted by this program and the eloquently into any career.” and character. No matter what path young people it serves.

Owasso High School’s Sotomayor team was the runner up in this year’s High School Mock Trial Program state championship. With them are their coaches and the final-round judges.

In the competition, students par- in life they pursue, it will be better Judge Deirdre Dexter said, ticipate as witnesses and lawyers because of the mock trial experi- “Mock trial helps students learn with fact patterns either civil or ence. These young people are truly critical thinking, gain self-confi- criminal. The lawyers use exhibits our future, and I am comforted to dence, acquire public-speaking and create theories of the case for know that our future is in such skills and learn the value of hard both sides. Students must learn to good hands,” he said. work and camaraderie — all while use the same rules of evidence and having fun.” Rob said, “Mock trial changes procedure as real attorneys do in lives. One can blossom from a shy everyday courtrooms. While the long-lasting relation- and inward person into an assured ships formed with the students The results are stunning. Students and assertive advocate who is not are the real prize, what is happily are able to achieve at a high level afraid to speak their mind and surprising are the benefits for the and inspire the scoring judges. In confront challenges.” participating lawyers. Veteran trial most every advanced round, the attorneys Ken Underwood and While our Owasso team lost in comment is made, “You are as good Rob Ridenour both told me they are the state finals, we all feel enriched as or better than the real attorneys much better lawyers after coaching and inspired by the program, our who appear before me.” the students. colleagues and especially the kids. The thrill is not just the competi- We’ll “lawyer up” again next year! Ken said, “Every year I coach tion itself. Students are sent to vari- Go Rams! mock trial I become a better lawyer, ous courtrooms all around the state. because to teach the rules of evi- Judge Cantrell is a district judge for They get to interact with real judges dence, I must know them and the 14th Judicial District of Oklahoma and attorneys in those various understand them. To help students in Tulsa. locales and become part of that

792 The Oklahoma Bar Journal Vol. 88— No. 11 — 4/15/2017 7/2 How to Become Your Own Cybersleuth: Conducting Effective Internet Investigative and Background Research

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