BN July 2017.Indd

Total Page:16

File Type:pdf, Size:1020Kb

BN July 2017.Indd Missouri’s New Supreme Court Judge SMBA BAR NEWS Bill Powell and Judge Brent Powell at the July SMBA CLE lunch News from the Bench and Bar Thank You SMBA CLE Speakers and Volunteers Sign Up, Run Fast, Win Trophy · 2017 Bearister 5K Sign Up, Be Smart, Win Trophy · 2017 Triviae Nox Introducing: Area of Practice Index for your lawyer to lawyer referrals And Practice Profiles, for SMBA members 2017 ISSUE 5 2 : BAR NEWS SUSTAINING MEMBERS OF THE SPRINGFIELD METROPOLITAN BAR As of June 30, 2017- Join them! Chantel Alberhasky - Randy Alberhasky - The Hon. David Anderson - Kristoffer Barefield - Stacie Bilyeu - Gary Bishop - The Hon. Elizabeth Bock - The Hon. Becky Borthwick - The Hon. Jason Brown – The Hon. Don Burrell - The Hon. Ron Carrier - The Hon. Michael Cordonnier - Kimberly Chaffin - Neil Chanter - Joshua Christensen - The Hon. Sue Chrisman - Ron Conway – The Hon. John Crow - Michael Cully - Gary Cunningham - The Hon. Charles Curless - Dana Tippin Cutler - Jay Dade - Russell Dempsey - Tamara Dewild - Don Duncan - Nate Dunville - Randall Eggert - Travis Elliott - Ransom Ellis - The Hon. James England - The Hon. William Francis - Virginia Fry - Dwayne Fulk - The Hon. Phillip Garrison - Topper Glass - Ginger Gooch - Teresa Grantham-Fiester - Shannon Grisham - The. Hon Jennifer Growcock - Matthew Growcock - John Hammons - Sam Hamra - Ty Harden - The Hon. Doug Harpool - Courtney Hayes - Thomas Hearne - The Hon. Michael Hendrickson - Jessica Hill - Crista Hogan - The Hon. John Holstein - The Hon. Andy Hosmer - Randal Howell - Nicole Hutson - Todd Johnson - Cameron Jones - The Hon. David Jones - Douglas Kays - Emily Kembell - Corey Kilburn - Bob Lawson Jr. - John Lightner - The Hon. Gary Lynch - Evelyn Mangan - The Hon. Regi Martin - Bruce McCurry - Abram McGull - Mark McQueary - Michael Miller - Stephanie Montgomery - Michelle Moulder - The Hon. Thomas Mountjoy - Thomas Morrissey - Ryan Murphy - Bryan Musgrave - Patricia Musick - Ryan Olson - Tom O’Neal - The Hon. Lisa Page - Stacey Page - Rob Palmer - The Hon. Margaret Palmietto - The Hon. John Parrish - Joseph Passanise - Dan Patterson - Andrew Peebles - Scott Pierson - Jenifer Placzek - The Hon. Mark Powell - William Powell – Jenifer Placzek - Brennan Pratt - John Pratt - David Ransin - Catherine Reade - John Reed - Ken Reynolds - B. J. Richardson - The Hon. David Rush - Matthew Russell - Tom Rykowski - Ted Salveter III - John Schmidt - Joseph D. “Chip” Sheppard, III - Paul Sherman - Antwaun Smith - Stephen Snead - Amy Squibb - Laurel Stevenson - Tom Strong - The Hon. Todd Thornhill - Ashley Twibell - John Vaughan - Lee Viorel - Dee Wampler - The Hon. Henry Westbrooke - The Hon. Dean Whipple - Richard Wilson - Kevin Young Sustaining Member Lapel Pins If you have not received your sustaining member lapel pin, or if you would like an additional or replacement pin just let us know! Become a Sustaining Member Today! SMBA Sustaining Members make an additional annual gift of $100.00 and are prominently listed in SMBA print publications and online. To become a sustaining member, complete this form or give us a call! For assistance with your Sustaining Membership, contact James at the SMBA office (417) 831-2793 or email [email protected]. Name________________________________________________________________________ Email________________________________________________________________________ Date___________________ Check enclosed Please invoice me SMBA : 3 ARTICLES 4 President’s Message, by Ginger Gooch 6 About the Bar, by Crista Hogan 14 The Fairbanks, by Nate Dunville SMBA BAR NEWS SMBA EVENTS 13 Bearister 5K 15 Triviae Nox SMBA CLE 8 SMBA CLE: Video Replays 9 On Demand and Dial in CLE 10 Monthly CLE Lunch and Bar Brew 11 Free Pizza & CLE THE OBJECT OF THE SPRINGFIELD BAR Established October 17, 1903 • To maintain the honor and dignity of the profession of law, • to cultivate social interaction among its members, • and for the promotion of legal science, • and the administration of justice. SMBA DIRECTORS The Bar News is published by the Springfield 1615-D S. Ingram Mill Rd. Chantel Alberhasky Metropolitan Bar Association. Views expressed are those of the authors and do not necessary reflect Springfield, MO 65804 Josh Bade the policy or position of the SMBA. Advertising is (417) 831-2783 Jeff Bauer accepted based on space availability and suitability Stacie Bilyeu to audience and does not imply endorsement. SMBA BOARD The Hon. Don Burrell Editorial inquiries should be made to chogan@ Ginger Gooch, President Tom Carver springfieldbar.com. Advertising inquiries should be made to [email protected]. John Pratt, President-Elect Ty Harden Ashley Twibell, Secretary John Lightner BAR NEWS STAFF Emily Kembell, Treasurer Michael Miller Crista Hogan, Editor Robert Palmer, Past President Bryan Musgrave Rebekah Teller, Designer Tom O’Neal James Green, Assistant EX OFFICIO Joseph Reid The Hon. Thomas Mountjoy, Presiding Judge Clayton Russo, Intern Crista Hogan, Executive Director Kimberly Velten, Intern 2017 ISSUE 5 4 : BAR NEWS PRESIDENT’S MESSAGE by Ginger Gooch 2017 SMBA President It is hard to believe July is upon us and my year the dark ages of my own summer clerk days. I as President is more than half complete. I am sad would like to think I have much of the enthusiasm summer is ending and I am especially sad we are about practicing law I had then, along with a much losing our excellent summer law clerk. It is great to greater understanding of the awesome responsibility have the extra help with substantive work, but it is involved in dealing with someone’s legal issues. I even better to witness the enthusiasm the summer know I remain grateful, and I hope I never lose law clerks bring with them each year. that attitude of gratitude. I am grateful for the opportunity to practice law, I am grateful for the collegiality of our Bar association, and I am grateful I’m thankful the presence of our summer for the opportunity to work on interesting and law clerks gives me an excuse each challenging issues. summer to think about the dark ages of my It will be a busy Fall for the SMBA and the SMBF. own summer clerk days. The SMBF’s Mini Law School, operated with the Missouri Bar, moves from the Library Center to Strong Hall at MSU. We are excited about this Each year I am reminded about my first summer as partnership with MSU and about the additional a law clerk at the firm where I still work. In my own opportunities for student involvement this mind at least, I’ll always be that person in her early partnership affords. In addition, the Bearisters 5K 20s having survived a whopping one year of law and Triviae Nox will take place this Fall so dust off school. I was excited to be working on real problems your running shoes and your box of Trivial Pursuit. for real people and I was excited to get a paycheck The SMBA has Monthly Lunches and Bar Brews to boot. With no experience in the legal field and scheduled through the end of the year, and these no lawyers in my family, I remember being very provide an excellent opportunity for you to earn nervous about all of the unknowns: would I like CLE while interacting with your colleagues in a the people, would the work be too hard, would they relaxed environment. Last, but not least, the 2018 like me, would they think my work was ok, would Installation Banquet is scheduled for January 18, I like practicing law, what does it mean to practice 2018. I know John Pratt has great ideas for next year law? I also remember feeling grateful: grateful to and is excited to serve as your President. have the opportunity to learn about the practice law in a law firm, grateful to be in my hometown I hope you will take advantage of some of the many of Springfield, grateful to work in an office instead opportunities the SMBA provides to serve your of doing something really hard like manual labor. profession, to interact with your colleagues, and to I’m thankful the presence of our summer law clerks earn CLE. gives me an excuse each summer to think about SMBA : 5 BENCH AND BAR: News and Announcements 31st Circuit Panel Sent to Governor The 31st Circuit Judicial Commission interviewed sixteen individuals on July 6, 2017, for the associate circuit judge SMBA vacancy created by the retirement of Judge Dan Imhof. The commission submitted three nominees to Governor Eric Greitens, who has 60 days to select his appointment. 2017 BENCH & BAR Congratulations to nominees: COMMITTEE • Jerry Harmison, Harmison & Pearman, P.C. Chairman • Todd Myers, Chief Assistant Prosecuting Attorney, John Pratt Greene County. [email protected] • Todd Thornhill, Chief Judge of the Springfield 417-883-8200 Municipal Division. From the Bar: Ginger Gooch Missouri’s New Chief Justice Supreme Court of Missouri Recognizes Dwayne Fulk 31st Judicial Circuit for Successfully Mark McQueary On July 1,2017, the Honorable Zel M. Fischer became Holding Timely Hearings Rob Palmer Missouri’s chief justice, succeeding the Honorable Patricia Teresa Grantham Breckenridge, who remains on the Court. His term as Kris Barefield Supreme Court of Missouri Judge W. Brent Powell Matthew Growcock chief justice will run through June 30, 2019. recently presented the 31st Circuit with the Kurt Larson Fischer grew up in Watson, the most northwestern Permanency Award. The award was presented in Crista Hogan city in Missouri and was educated in the Rock Port a ceremony at the Greene County Judicial Courts Dan Patterson public schools. He received Facility. Juvenile Court Administrator Bill Prince his bachelor of arts degree,
Recommended publications
  • Bargaining with Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law
    Missouri Law Review Volume 78 Issue 4 Fall 2013 Article 11 Fall 2013 Bargaining with Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law Peter W. Bay Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Peter W. Bay, Bargaining with Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, 78 MO. L. REV. (2013) Available at: https://scholarship.law.missouri.edu/mlr/vol78/iss4/11 This Note is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. File: Bay – Final Formatting 3/17/14 Bay: Bay:Created Bargaining on: 3/18/2014 6:18:00 with PM Bite Last Printed: 3/18/2014 6:18:00 PM NOTE Bargaining with Bite: Missouri High Court’s Constitutional Holdings Alter Public Sector Labor Law Eastern Missouri Coalition of Police v. City of Chesterfield, 386 S.W.3d 755 (Mo. 2012); American Federation of Teachers v. Ledbetter, 387 S.W.3d 360 (Mo. 2012) PETER W. BAY* I. INTRODUCTION Collective bargaining – negotiations over working conditions between an employer and representatives of their employees1 – appeared as early as 1891 as labor unions arose in response to the Industrial Revolution.2 Collec- tive bargaining in private industry was recognized in 1935 by the National Labor Relations Act3 but was considered prohibited in the public sector.4 In 1945, the state of Missouri ratified its constitution, which included article 1, * B.S., Texas Christian University 2008; J.D.
    [Show full text]
  • Will Missouri's Proportionality Review Remain Meaningful
    Missouri Law Review Volume 77 Issue 3 Summer 2012 Article 14 Summer 2012 The Debate on Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful Alexandra E. Wilson-Schoone Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Alexandra E. Wilson-Schoone, The Debate on Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful, 77 MO. L. REV. (2012) Available at: https://scholarship.law.missouri.edu/mlr/vol77/iss3/14 This Summary is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Wilson-Schoone: Wilson-Schoone: Debate on Whether Life LAW SUMMARY The Debate on Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful? ALEXANDRA E. WILSON-SCHOONE- 1. INTRODUCTION To ensure that the imposition of death sentences is not the result of an aberrant jury, appellate courts may engage in death penalty "proportionality review" by comparing the facts of a case to prior factually similar cases.' If the court determines that a death sentence proves proportionate to sentences imposed in prior similar cases, the court affirms the imposition of the death penalty.2 If the court determines that a death sentence is not proportionate, the court vacates the sentence. The Supreme Court of Missouri engages in statutorily-required proportionality review for every sentence of death.3 However, the specifics of how to engage in proportionality review have been, and continue to be, a point of contention for the court.
    [Show full text]
  • •Œalternative Method Requiredâ•Š and the Injection of Imaginary
    Missouri Law Review Volume 85 Issue 4 Article 13 Fall 2020 “Alternative Method Required” and the Injection of Imaginary Language into the Missouri Constitution Calla M. Mears Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Calla M. Mears, “Alternative Method Required” and the Injection of Imaginary Language into the Missouri Constitution, 85 MO. L. REV. (2021) Available at: https://scholarship.law.missouri.edu/mlr/vol85/iss4/13 This Note is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Mears: “Alternative Method Required” and the Injection of Imaginary Lang NOTE “Alternative Method Required” and the Injection of Imaginary Language into the Missouri Constitution Cope v. Parson, 570 S.W.3d 579 (Mo. 2019) (en banc). Calla M. Mears* I. INTRODUCTION Mike Kehoe was appointed to Lieutenant Governor of Missouri in 2018 after Michael Parson became Governor of Missouri following the resignation of Eric Greitens.1 A lawsuit raising interesting questions about the constitutional process for filling public office vacancies quickly followed the appointment of Lieutenant Governor Kehoe.2 Article IV, Section 4 of the Missouri Constitution states: “The governor shall fill all vacancies in public offices
    [Show full text]
  • 35Th Annual Meeting May 28-30, 2020
    MISSOURI ORGANIZATION OF DEFENSE LAWYERS 35th Annual Meeting May 28-30, 2020 MISSOURI ORGANIZATION OF DEFENSE LAWYERS 101 East High Street P.O. Box 1072 Jefferson City, Missouri 65102 (573) 636-6100 FAX: (573) 636-9749 www.modllaw.com Dear MODL Member: The 35th Annual Meeting will be held on May 28 through May 30, 2020. This great event returns to the rustic venue of Big Cedar Lodge, described as America’s Premier Wilderness Resort set within the landscape of the Ozark Mountains on Table Rock Lake. As always, MODL’s Annual Meeting is a family-friendly event. Bring your crew to experience one of the nation’s best vacation spots. MODL, through its sponsors, will once again offer a great Kids Program during the conference. On Friday night during the cocktail party and Awards Dinner, kids will enjoy playing The World’s Largest Pac-Man arcade game, 9 holes of mini golf, and oversized games of Connect Four, Jenga, and Kerplunk. Younger ones are sure to enjoy stations featuring Spin Art, DIY slap bracelets, balloon artists and face painting. Vouchers will be provided to explore Fun Mountain, an amusement complex with bowling alleys, go-carts, a four-story ropes course, laser tag, bumper cars, arcade and more. Of course, Big Cedar always offers families adventures in hiking, biking, horseback riding, boating, and swimming. The meeting kicks off on Thursday evening with the President’s Welcome Reception at the Wine Cellar located at Top of the Rock. This expansive space opens to a breathtaking view of an infinity pool overlooking Table Rock Lake.
    [Show full text]
  • 2016 Prayer Calendar Missouri
    2016 Prayer Calendar Missouri Executive 1 Legislative 2 Rep. Emanuel Cleaver II 3 3 Sen. Gary Romine 4 11 Vacant 5 19 Sen. Kurt Schaefer 6 27 Sen. Wayne Wallingford 7 President Barack Obama Rep. Sam Graves 4 Sen. Joseph Keaveny 12 Sen. Dan Hegeman 20 Sen. Jay Wasson 28 Sen. Mike Parson U.S. Congress Vice President Joe Biden Rep. Billy Long 5 Sen. Jamilah Nasheed 13 Sen. Gina Walsh 21 Sen. David Pearce 29 Sen. David Sater Senator Roy Blunt Gov. Jeremiah “Jay” Nixon Rep. Jason Smith 6 Sen. Mike Kehoe 14 Sen. Maria Chappelle-Nadal 22 Sen. Paul Wieland 30 Sen. Bob Dixon Senator Claire McCaskill Lt. Gov. Peter Kinder 7 Sen. Jason Holsman 15 Sen. Eric Schmitt 23 Vacant 31 Sen. Ed Emery Rep. Lacy Clay Att. Gen. Chris Koster State Senators (by district) 8 Sen. Will Kraus 16 Sen. Dan Brown 24 Sen. Jill Schupp 32 Sen. Ron Richard Rep. Ann Wagner Sec. of St. Jason Kander 1 Sen. Scott Sifton 9 Sen. Kiki Curls 17 Sen. Ryan Silvey 25 Sen. Doug Libla 33 Sen. Mike Cunningham Rep. Blaine Leutkemeyer Treasurer Clint Zweifel 2 Sen. Bob Onder 10 Sen. Jeanie Riddle 18 Sen. Brian Munzlinger 26 Sen. Dave Schatz 34 Sen. Rob Schaaf Auditor Rep. Vicky Hartzler State Representatives 8 7 Rep. Mike Lair 9 15 Rep. Jon Carpenter 10 23 Rep. Randy Dunn 11 31 Rep. Sheila Solon 12 39 Rep. Joe Don McGaugh 13 47 Rep. Chuck Basye 14 (by District) 8 Rep. Jim Neely 16 Rep. Noel Shull 24 Rep. Judy Morgan 32 Rep.
    [Show full text]
  • 2017 Prayer Calendar Missouri
    2017 Prayer Calendar Missouri Executive 1 Legislative 2 Rep. Emanuel Cleaver II 3 3 Sen. Gary Romine 4 11 Sen. J.J. Rizzo 5 19 Sen. Caleb Rowden 6 27 Sen. Wayne Wallingford 7 President Donald Trump Rep. Sam Graves 4 Sen. Jacob Hummel 12 Sen. Dan Hegeman 20 Sen. Jay Wasson 28 VACANT U.S. Congress Vice President Mike Pence Rep. Billy Long 5 Sen. Jamilah Nasheed 13 Sen. Gina Walsh 21 Sen. Denny Hoskins 29 Sen. David Sater Senator Roy Blunt Gov. Eric Greitens Rep. Jason Smith 6 Sen. Mike Kehoe 14 Sen. Maria Chappelle-Nadal 22 Sen. Paul Wieland 30 Sen. Bob Dixon Senator Claire McCaskill Lt. Gov. Mike Parson 7 Sen. Jason Holsman 15 Sen. Andrew Koenig 23 Sen. Bill Eigel 31 Sen. Ed Emery Rep. Lacy Clay Att. Gen. Josh Hawley State Senators (by district) 8 Sen. Will Kraus 16 Sen. Dan Brown 24 Sen. Jill Schupp 32 Sen. Ron Richard Rep. Ann Wagner Sec. of St. John (Jay) Ashcroft 1 Sen. Scott Sifton 9 Sen. Kiki Curls 17 Sen. Ryan Silvey 25 Sen. Doug Libla 33 Sen. Mike Cunningham Rep. Blaine Leutkemeyer Treasurer Eric Schmitt 2 Sen. Bob Onder 10 Sen. Jeanie Riddle 18 Sen. Brian Munzlinger 26 Sen. Dave Schatz 34 Sen. Rob Schaaf Auditor Nicole Galloway Rep. Vicky Hartzler State Representatives 8 7 Rep. Rusty Black 9 15 Rep. Jon Carpenter 10 23 Rep. Randy Dunn 11 31 Rep. Dan Stacy 12 39 Rep. Joe Don McGaugh 13 47 Rep. Chuck Basye 14 (by District) 8 Rep. Jim Neely 16 Rep. Noel Shull 24 Rep.
    [Show full text]