Oklahoma Bar Journal 753 754 the Oklahoma Bar Journal Vol

ALSO INSIDE • Fair Debt Collection Practices Act • Juvenile Court • Members Celebrate Significant Anniversaries ALSO INSIDE • Fair Debt Collection Practices Act • Juvenile Court • Members Celebrate Significant Anniversaries The New Lawyer Experience: Hit the Ground Running Oklahoma City • April 30th

OPENING A BUSINESS TRUST ACCOUNTING & LEGAL ETHICS • Resources for starting a law practice • The role of OBA Ethics Counsel • Being an employee versus the business owner • The role of OBA General Counsel • Business entity selection • Most common questions of the Ethics Counsel • Physical location/practice setting options • Trustworthy Trust Accounts • Liability insurance and other aspects of risk management • File and document retention • Business planning • Ethical issues facing small firm lawyers Jim Calloway, Director, OBA Management Assistance • Simple guidelines for ethical conduct Program, Oklahoma City • Ethics resources • Q&A MANAGEMENT - MANAGING YOUR FINANCES, Gina Hendryx, OBA Ethics Counsel, Oklahoma City YOUR FILES, AND YOUR STAFF • Profit, loss, and the importance of good financial reports MARKETING • Establishing practice areas • Developing a marketing plan • Setting fees • Ethical marketing strategies • The importance of building work flow systems and tracking • Differences in marketing vs. public relations work in progress • Budgeting - Marketing on a tight budget or no budget • Client file management • Generating referrals - Word of mouth is your best • Billing (retainers, mechanics of billing, “alternative billing,” marketing tool getting paid) • Advertising: From the newspaper to the Yellow Pages • Disaster Planning • Internet-based marketing (So many options!) Jim Calloway • Analyzing your marketing efforts Jim Calloway THE CRITICAL NATURE OF GOOD COMMUNICATION • Client communications - Easy in theory, often hard in practice TECHNOLOGY • Establishing reasonable client expectations • Law office hardware • Communication and dealing with other attorneys • The small law firm technology software shopping guide • Communication with the court • Practice management software • Dealing with “bad news” and “bad clients” • Using technology to provide better client services • Technology and communication tools • The Internet and the 21st Century lawyer - Online Jim Calloway research and other resources Lunch provided by Oklahoma Attorneys Mutual • Mobile phones, PDAs and other gadgets. What do you Insurance Company really need? • Q & A MALPRACTICE INSURANCE AND OTHER Jim Calloway RISK MANAGEMENT ISSUES • Phil Fraim, President, Oklahoma Attorneys Mutual Preregistration required. Insurance Company, Oklahoma City E-mail [email protected] or call (405) 416-7026

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 753 754 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Theme: Departments Law Day 756 From the President 824 From the Executive Director 826 Law Practice Tips 829 Ethics/Professional Responsibility 831 OBA Board of Governors contents Actions April 11, 2009 • Vol. 80 • No. 10 834 Oklahoma Bar Foundation News 838 Access to Justice 840 Young Lawyers Division 841 Calendar 844 For Your Information 846 Bench and Bar Briefs 849 In Memoriam 825 Editorial Calendar 856 The Back Page pg. 803 Plus 803 The Fair Debt Collection Practices Act: A Tenth Circuit Primer By Laurie A. Lucas and Alvin C. Harrell 813 Maybe We Should Just Do Away with pg. 759 Juvenile Court By Lawrence L. Langley Features pg. 813 759 Annual Celebration Focuses on Bridging the Past with Today By Tina Izadi 764 Law Day 2009 Contest Winners 784 County Law Day Chairpersons

788 County Bar Association Activities 818 OBA Members Celebrate Significant 793 Supreme Court Law Day Directive Anniversaries High School Mock Trial Committee 794 Governor Signs Law Day 821 Proclamation Wraps Up Another Successful Year

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 755 FROM THE PRESIDENT

A Legacy of Liberty By Jon K. Parsley

I want to begin by saying how proud I am of Lincoln also encouraged lawyers the turnout and the things we were able to accomplish at to be peacemakers. “Discourage the OBA Day at the Capitol on March 17. litigation. Persuade your neighbors to compromise whenever you can. I put out the SOS, and I was honored that almost 400 Point out to them how the nominal attorneys heeded the call to service. The OBA had a great winner is often a real loser in fees, day and let its positions on pending legislation be expenses and waste of time. As a known. The OBA made clear that it would not stand idly peacemaker, the lawyer has a by while the rights of the citizens of Oklahoma are taken superior opportunity of being a away. We advanced the cause of liberty, which began good man. There will still be busi- with our founding fathers and which has been refined ness enough.” As apt as those and guarded by other words were when Lincoln spoke great Americans such as them, nearly 150 years later, they “As a peacemaker, the Abraham Lincoln. still ring true. Abraham Lincoln has Today, Lincoln is recognized for lawyer has a superior always been a hero of holding the union together and opportunity of being a mine. That is why I am freeing the slaves. His background particularly excited for his presidential decisions was good man.” about this year’s Law formed in frontier courtrooms Abraham Lincoln Day theme. This year where he worked hard to do his Law Day celebrates “A best for his clients. Lincoln repre- Legacy of Liberty,” the sents the best of the legal profes- bicentennial of the birth of Abraham Lincoln — presi- sion. It is an honor to recognize dent, pioneer, politician and lawyer. The story of Lincoln, his bicentennial with this year’s who went from a log cabin to the White House, touches Law Day. It is also an honor that on the many parts of his life — rail splitter, shop keeper, the Oklahoma Bar Association soldier and president. What is often overlooked in these work hard to continue the stories, however, is the fact that Lincoln was a very suc- “Legacy of Liberty.” cessful lawyer. He was prosperous and popular, practicing law for more than a quarter of a century. Lincoln made several observations about the practice of law that are still good advice today. In an 1850 lecture on the law, Lincoln acknowledged that he had been moderately successful, pointing out that the “leading rule for the lawyer as for the man of every other calling is diligence. Leave nothing for tomorrow which can be done today. Never let your correspondence fall behind. When you bring a common-law suit, if you have the facts for doing it, write the declaration at once.” He urged his listeners to practice public speaking as the lawyer’s avenue to the public. “However able and faithful he may be in other respects, peo- President Parsley ple are slow to bring him business if he cannot practices in Guymon. make a speech.” At the same time, he cautioned [email protected] (580) 338-8764 young lawyers not to use speech making as an excuse not to handle the drudgery [his word] of the law.

756 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 OFFICERS & BOARD OF GOVERNORS Jon K. Parsley, President, Guymon Allen M. Smallwood, President-Elect, Tulsa events Calendar Linda S. Thomas, Vice President, Bartlesville

J. William Conger, Immediate Past President, Oklahoma City APRIL 2009 Jack L. Brown, Tulsa 14 OBA Women in Law Committee Meeting; Martha Rupp Carter, Tulsa Charles W. Chesnut, Miami 3 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Cathy Christensen, Oklahoma City Center, Tulsa; Contact: Deborah Reheard (918) 689-9281 Donna Dirickson, Weatherford 16 New Admittee Swearing-In Ceremony; Supreme Court Courtroom; Steven Dobbs, Oklahoma City Contact: Board of Bar Examiners (405) 416-7075 W. Mark Hixson, Yukon Jerry L. McCombs, Idabel 17 OBA Women in Law Seminar; Reed Center, Midwest City; Contact: Lou Ann Moudy, Henryetta Deborah Reheard (918) 689-9281 Deborah Reheard, Eufaula 18 OBA Title Examination Standards Committee Meeting; Stroud Peggy Stockwell, Norman James T. Stuart, Shawnee Community Center, Stroud; Contact: Kraettli Epperson (405) 848-9100 Richard Rose, Oklahoma City, Chairperson, 20 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; OBA/Young Lawyers Division Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; BAR Center Staff Contact: Andrea Braeutigam (405) 744-3011 John Morris Williams, Executive Director; 21 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Donita Bourns Douglas, Director of Educational Bar Center, Oklahoma City and OSU Tulsa; Contact: James Milton Programs; Carol A. Manning, Director of (918) 591-5229 Communications; Craig D. Combs, Director of Ad- ministration; Gina L. Hendryx, Ethics Counsel; Jim Hudson Hall Wheaton Inn Pupilage Group Seven; 5:30 p.m.; Federal Calloway, Director of Management Assistance Pro- Building, 333 West Fourth St.; Contact: Michael Taubman (918) 260-1041 gram; Rick Loomis, Director of Information Systems; Beverly S. Petry, Administrator MCLE Commission; 23 OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Jane McConnell, Coordinator Law-related Educa- Oklahoma City with teleconference; Contact: H. Terrell Monks (405) 733-8686 tion; Janis Hubbard, First Assistant General Coun- 24 OBA Board of Governors Meeting; 1 p.m.; Oklahoma Bar Center, sel; Mark Davidson, Loraine Dillinder Farabow Oklahoma City; Contact: John Morris Williams (405) 416-7000 and Janna D. Hall, Assistant General Counsels; Robert D. Hanks, Senior Investigator; Sharon Orth, 25 OBA Young Lawyers Division Committee Meeting; 10 a.m.; Oklahoma Dorothy Walos and Krystal Willis, Investigators Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Rick Nina Anderson, Manni Arzola, Jenn Barrett, Rose (405) 236-0478 Debbie Brink, Melissa Brown, Brenda Card, 30 OBA Ask A Lawyer; OETA Studios, Oklahoma City & Tulsa; Contact: Sharon Dotson, Morgan Estes, Johnny Marie Melissa Brown (405) 416-7017 Floyd, Matt Gayle, Susan Hall, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, OBA Access to Justice Committee Meeting; 10 a.m.; Oklahoma Bar Jeff Kelton, Durrel Lattimore, Debora Lowry, Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Kade Heidi McComb, Renee Montgomery, McClure (580) 248-4675 Wanda Reece-Murray, Tracy Sanders, Mark Schneidewent, Robbin Watson, OBA Government and Administrative Law Practice Section Laura Willis & Roberta Yarbrough Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Patricia A. Podolec (405) 760-3358 EDITORIAL BOARD Editor in Chief, John Morris Williams, News & Layout Editor, Carol A. Manning, Editor, Melissa MAY 2009 DeLacerda, Stillwater, Associate Editors: Scott Buhlinger, Bartlesville; Emily Duensing, Tulsa; 1 Oklahoma Trial Judges Association Meeting; John Munkacsy, Lawton; Pandee Ramirez, Ok- 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: mulgee; Julia Rieman, Enid; James Stuart, Shaw- A.J. Henshaw (918) 775-4613 nee; Leslie D. Taylor, Oklahoma City; Judge Lori M. Walkley, Norman; January Windrix, Poteau For more events go to www.okbar.org/news/calendar.htm NOTICE of change of address (which must be The Oklahoma Bar Association’s official Web site: www.okbar.org in writing and signed by the OBA member), undeliverable copies, orders for subscriptions THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar or ads, news stories, articles and all mail items Association. All rights reserved. Copyright© 20082009 Oklahoma Bar Association. should be sent to the Oklahoma Bar Association, The design of the scales and the “Oklahoma Bar Association” encircling the P.O. Box 53036, Oklahoma City, OK 73152-3036. scales are trademarks of the Oklahoma Bar Association. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association (405) 416-7000 Toll Free (800) 522-8065 FAX (405) 416-7001 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Continuing Legal Education (405) 416-7006 A MONTH IN JANUARy, February, March, April, May, August, Septem- Ethics Counsel (405) 416-7083 ber, October, November and December and bimonthly in June and General Counsel (405) 416-7007 July. by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, Law-related Education (405) 416-7005 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- homa City, OK. POSTMASTER: Send address changes to THE OKLAHOMA Lawyers Helping Lawyers (800) 364-7886 BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip- Mgmt. Assistance Program (405) 416-7008 tions are $55 per year except for law students registered with the Mandatory CLE (405) 416-7009 Oklahoma Bar Association, who may subscribe for $25. Active mem- OBJ & Communications (405) 416-7004 ber SUBSCRIPTIONS ARE INCLUDED AS A PORTION OF ANNUAL DUES. Any Board of Bar Examiners (405) 416-7075 opinion expressed herein is that of the author and not necessar- Oklahoma Bar Foundation (405) 416-7070 ily that of the Oklahoma Bar Association, or the Oklahoma Bar Journal Board of Editors.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 757 758 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 LAW DAY 2009 Annual Celebration Focuses on Bridging the Past with Today By Tina Izadi, Law Day Committee Chair

t’s time for Law Day! Law Day is an exciting opportunity to educate the public about the law; the rights and liberties pro- Ivided under the law; and the important work lawyers do. For over 50 years, Law Day has been celebrated both nationally and locally. The Law Day tradition was developed by Wewoka attorney and past OBA President Hicks Epton. The OBA Law Day Committee is very proud to carry these traditions forward every year. On April 30, Oklahoma will be celebrating Law Day with events and activities throughout the state.

Oklahoma is keeping its tradition in celebrat- feature Chief Justice Edmondson and the win- ing Law Day in a big way. We have continued ners of the Law Day contests. and expanded our annual art and writing con- A new component is being added to the Ask tests. Also we have put together an informative A Lawyer program. This year the panel discus- television show, highlighting the important sions, featured after each segment, will be held impact lawyers have on the lives of individuals in a town hall forum. The town hall forum is a and the law. Additionally, with the help of all new and exciting way to include the public in our attorney volunteers we will continue to the Law Day activities. For anyone interested offer 12 hours of nonstop free legal advice. in participating in the town hall, the taping will ASK A LAWYER TV SHOW be held on April 24, 2009, at the OETA studios in Oklahoma City and may contact me at tina. This year’s Ask A Lawyer television pro- [email protected] or [email protected] gram will air April 30 at 7 p.m. on OETA sta- for more information. tions across the state. The show will feature a consumer law segment, highlighting one CONTESTS AND ACTIVITIES Oklahoman’s struggle to keep his home and This year’s theme for Law Day is “A Legacy how his attorney is helping him navigate of Liberty – Celebrating Lincoln’s Bicentenni- through this difficult time. The show will also al.” The art and writing contest entries centered feature and honor the story of Ada Lois Sipuel around this year’s theme, and the Law Day Fisher and her courageous court battle to Committee received record number entries become the first African-American admitted with more than 2,200 entries statewide. The to the OU College of Law, highlighting the judging was difficult as usual, given the numer- road her case paved for civil rights and laws ous wonderful entries we received. The win- prohibiting discrimination. The show will also ners have been announced, and the winning

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 759 entries can be viewed at www.okbar.org and on page 765 of this issue. Additionally, we expanded our contests to include a youTube video contest. Be sure to watch the winning Ask A video at www.okbar.org. In addition to the contests we also targeted ninth and tenth graders with an online citizenship test. The 25-question multiple choice quiz H is comprised of questions taken from the actual U.S. citizenship test. Students automatically Lawyer receive scores and an explanation concerning the questions missed. If you are interested in testing your own knowledge, the quiz is available online at www.okbar.org. Thursday, April 30 Additionally, high school juniors and seniors were encouraged to learn more about how the law affects each of them differently after reach- 7-8 p.m. ing the age of majority. On the Law Day Web site, the committee has provided the Legal Guide for Young Adults in Oklahoma, which is prepared by the OBA’s Law-related Education OETA stations Committee. FREE LEGAL ADVICE Final preparations are under way for the Featuring statewide Ask A Lawyer call-in event, to be held on April 30, where for 12 nonstop hours Segments on: free legal advice is provided to the public. The Ask A Lawyer call-in event is one of the best I Consumer Law ways all Oklahoma bar members can participate in the national celebration of Law Day. I Civil Rights and This annual event gives us a unique opportu- Employment Law nity to provide a valuable community service while promoting a positive public image of Hosted and attorneys and the OBA. Callers statewide will be able to reach an Moderated by Dick Pryor attorney by calling (800) 456-8525 throughout the day on April 30. The OBA and the commit- Special Guests: tee work with each county Law Day chairperson in setting up a network of local phone Oklahoma Supreme Court Chief numbers during the broadcast. Volunteer attor- Justice James Edmondson neys in each participating county staff the phones and answer questions for a predeter- OBA President Jon Parsley mined time period. Oklahoma and Tulsa Coun- ty attorneys work together to staff the toll-free, statewide phone number from 9 a.m. - 9 p.m. To make this community service project a success, the Law Day Committee needs your help! It takes a total of 30 attorneys for each two-hour shift to fully staff the statewide number. That effort, combined with the local county bars, creates a huge need for attorneys to step forward. To volunteer, contact your local coun- H ty Law Day chairperson. The contact informa-

760 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 tion for each county Law Day chairperson and GET INVOLVED the activities planned for each county are listed Law Day provides an exciting opportunity in a related story in this issue. for all of us to educate the public and remind The Law Day Committee has again commit- everyone of the positive work attorneys do. We ted to branch out to the Latino community by hope all of you will participate in Law Day, offering free legal advice in Spanish. Each shift whether it is volunteering to provide free legal in Tulsa and Oklahoma City will need Spanish- advice in your county, making a presentation speaking volunteers. If you speak Spanish or to a local school group or organization, partici- know non-attorneys who would volunteer to pating and recruiting town hall participants or translate, we need your help! joining us on the Law Day Committee. Plan- ning for the 2010 celebration begins almost as DIRECTIVE AND PROCLAMATION soon as the 2009 celebration ends, and we need In continuing with OBA Law Day tradition, your ideas! If you’d like to join this fun, yet Chief Justice Edmondson signed the Law Day hardworking committee, contact me at (405) directive, encouraging courts to host Law Day 522-2931 or at [email protected]. With the events. Also this year, Gov. Brad Henry signed commitment of the Law Day Committee, coun- a proclamation designating May 1, 2009, as ty Law Day chairpersons, and the help of each Law Day in Oklahoma. and every one of you, I am confident this year’s Law Day celebration will be a wonderful success! Happy Law Day!

Law Day contest winners display their artwork at a state Capitol ceremony attended by Oklahoma Supreme Court Chief Justice James Edmonson (back row, center) and Law Day Committee Chair Tina Izadi (back row, second from right). Photo: Legislative Service Bureau Photo Division

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 761 H H H H H H Volunteer Lawyers Needed to Give Free Legal Advice

• Several hundred attorneys needed in Tulsa and Oklahoma City • Thursday, April 30 • 9 a.m. to 9 p.m. • Location: OETA Studios in Tulsa and Oklahoma City • Two-hour shifts. • OBA provides reference guides for commonly asked questions • Food and snacks will be served To sign up, contact: • Oklahoma County: Connie Creed (405) 236-8421 [email protected] • Tulsa County: Ask A Jason Bashforth (918) 591-5296 H [email protected] awyer Dan Crawford L (918) 749-8904 [email protected] • Other Counties: Call your Law Day Chairperson to help answer phones. H H H H H H

762 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Ask A Lawyer ¿Habla Español? Town Hall Forum

A new element is being added We to the Ask A Lawyer TV show this year – a town hall forum need after each segment. Panelists will answer questions and you! discuss issues on the topics of consumer law and equal rights Spanish-speaking in the workplace. attorneys Taping is set for: are needed to give free legal advice on Friday, April 24 Ask A Lawyer day. Noon – 3 p.m. Non-attorney translators OETA Studios are also needed. 7403 N. Kelley Ave. The OBA is reaching out to the Oklahoma City Latino community, so we expect to hear from Spanish-speaking callers. The forum is open to all OBA members and to the public. When: Thursday, April 30 If you’re interested in attending, 9 a.m. – 9 p.m. (two-hour shifts) RSVP to [email protected]. OETA Studios in Oklahoma City and Tulsa If you are interested in asking a question during the town hall forum, To sign up: please submit the question in writing along with your RSVP. If your question Oklahoma City is chosen, you will be notified at Connie Creed • (405) 236-8421 the taping and will be given an [email protected] opportunity to ask your question during the panelist portion of the program. Tulsa Attire is business casual. Jason Bashforth • (918) 591-5296 [email protected] Dan Crawford • (918) 749-8904 [email protected] ¡Alli los miramos!

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 763 Law Day 2009 Contest Winners “A Legacy of Liberty: Celebrating Lincoln’s Bicentennial” The OBA Law Day Committee would like to thank Oklahoma educators, students and their families for participating in the 2009 Law Day contests. An all-time high of nearly 2,200 entries were received from across the state. This year’s theme, “A Legacy of Liberty: Celebrating Lincoln’s Bicentennial,” encouraged children to explore the legacy and impact of our nation’s 16th president, Abraham Lincoln. Art contests were offered to the younger students. The coloring contests for pre- kindergarteners, kindergarteners and transitional first graders were again a tremendous success. More than half of the total entries were coloring contest entries. First and second grade students could enter a drawing contest, while third and fourth graders could create a collage. Fifth through eighth graders could choose between entering a diorama or creative writing. The creative free for all category for ninth through 12th graders invited students to use their imaginations and choose any medium to demonstrate the Law Day theme. The students took on the challenge and came through with outstanding results: some examples were pastel drawings, creative writing and performing original songs. A new YouTube video contest was introduced this year. Students were encouraged to film their own videos and upload them to YouTube. One student was designated the “grand prize winner” for having submitted the best overall entry from all grades. County bar associations will officially present the contest winners in their county with plaques and prize money later this school year.

The Oklahoma Bar Journal is proud to present the 2009 contest winners…

764 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Coloring Contest Winners • Pre-Kindergarten

1st Place: Karter Fouts Banner School, El Reno Teacher: Ms. Reed

Honorable Mentions: Hailey Arnett, Collinsville Early Childhood Center Derek Askew, Taloga School Robby Bappert, Christian Heritage Academy, Del City Annika Bartlett, Kirk of the Hills Preschool, Tulsa Reanna Beckham, Fletcher Elementary Harmony Brakebill, George Early Childhood Center, Idabel Jacob Breedlove, Banner School, El Reno Sierra Bridges, Christian Heritage Academy, Del City Mallory Butler, Perkins-Tryon Elementary Andrew Carney, Collinsville Early Childhood Center Janice Carpenter, Collinsville Early Childhood Center Layla Czajkowski, George Early Childhood Center, Idabel Makayla Dirham, Deer Creek-Lamont School Cooper Ehlers, Christian Heritage Academy, Del City Harli Feaster, Taloga School Kadynce Gambrel, Taloga School Mavrik Garrison, Collinsville Early Childhood Center Carlie Golden, Maple Elementary, Calumet Lazziert Gray, George Early Childhood Center, Idabel Jared Harmon, Morrison Elementary 2nd Place: Collin Kendall, Fletcher Elementary Katie Krispense, Kirk of the Hills Preschool, Tulsa Lindsay Bennett Macie Lancaster, George Early Childhood Center, Idabel Sarah Lester, George Early Childhood Center, Idabel Taloga School Breeana Lichtenberg, Taloga School Teacher: Reve Cansler

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 765 Coloring Contest Winners • Pre-Kindergarten

Honorable Mentions: Kourtnee Ragan, Maud Elementary Desirae Lichtenberg, Taloga School Hayden Richey, Christian Heritage Academy, Del City Alyssa Love, Christian Heritage Academy, Del City Ashley Scott, Banner School, El Reno Colton McSperitt, Collinsville Early Childhood Center Erin Scott, Banner School, El Reno Jacob Miller, Taloga School Makenzi Shamburger, Collinsville Early Childhood Jessica Miller, Collinsville Early Childhood Center Center Kenna Miller, Butner Elementary, Cromwell Katie Thomas, Taloga School Aleigh Nicholson, Collinsville Early Childhood Center Ryan Vanaman, Deer Creek-Lamont School Setharae Nusz, Banner School, El Reno Tiffany Wilder, Graham Elementary, Weleetka Jordyn Peevy, Christian Heritage Academy, Del City Tai’Micah Young, George Early Childhood Center, Lance Peters, Collinsville Early Childhood Center Idabel

Coloring Contest Winners • Kindergarten

1st Place: Ava Pittman Seiling Elementary Teacher: Jan Smart

Abby McCurley, Seiling Elementary Honorable Mentions: Sarah Munsell, All Saints Catholic School, Norman Kali Bennett, Pawnee Elementary Julianna Poindexter, Vian Elementary Kenzie Bethel, Vian Elementary Riley Ross, Maryetta School, Stilwell Kolton Boshers, Vian Elementary Katie Salisbury, Seiling Elementary Aaron Camp, Maryetta School, Stilwell Keelyn Schaefer, Covenant Community School, Colton Everett, Covenant Community School, Stillwater Stillwater Conner Skidgel, Pawnee Elementary Daytona Hancock, Collinsville Early Childhood Center Daylon Vaughn, Maryetta School, Stilwell Sydney Johnson, Eastlake Elementary, Oklahoma City Carstyn Webb, Cyril Elementary Alex Lopez, Vian Elementary

766 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Coloring Contest Winners • Kindergarten

2nd Place: Emily Grayson Maryetta School, Stilwell Teacher: Samilou Smith

Coloring Contest Winners • Transitional First Grade

1st Place: Karlie Jo Stanley Maryetta School, Stilwell Teacher: Samilou Smith

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 767 Coloring Contest Winners • Transitional First Grade

Honorable Mentions: Kristian Brooks, Pleasant Vale Elementary, Enid Lacey Burch, Cordell Elementary Victoria Cline, Cordell Elementary Cal Dennett, Pleasant Vale Elementary, Enid Ty Dennett, Pleasant Vale Elementary, Enid Makenze Dixon, Cordell Elementary Wyatt Earley, Cordell Elementary Jade Gonzales, Cordell Elementary Parker Johnson, Cordell Elementary Elizabeth Kuntz, Pleasant Vale Elementary, Enid Gabby Giblet, Cordell Elementary Brennen Glover, Cordell Elementary Mason McClaflin, Cordell Elementary Hayleigh Noble, Cordell Elementary Andrea Palmer, Cordell Elementary Jordan Shaffer, Cordell Elementary Makayla Thornton, Pleasant Vale Elementary, Enid Hunter Welch, Cordell Elementary Hannah Wilson, Cordell Elementary Elijah Wollman, Cordell Elementary 2nd Place: Cody Woods, Maryetta School, Stilwell K.C. Hildeman Cordell Elementary Teacher: Lorry Wilkie

Drawing Contest Winners First Grade

1st Place: Carson Thompson Eufaula Elementary Teacher: Diana Goodwin

768 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Drawing Contest Winners • First Grade Honorable Mentions: Marissa Alonzo, Eufaula Elementary Noah Bennett, Eufaula Elementary Isaiah Brazda, Deer Creek-Lamont School Kiaya Burns, Eufaula Elementary C.J. Corrente, Destiny Christian School, Oklahoma City ReaBecca Crain, Deer Creek-Lamont School Ashley Cumpton, Eufaula Elementary Aliyah Dean, Destiny Christian School, Oklahoma City Daniel Deere, Eufaula Elementary Summer Hankla, Deer Creek-Lamont School Brendan Hembree, Deer Creek-Lamont School Justin Jennings, Eufaula Elementary Monica Large, Deer Creek-Lamont School Leslie Lopez, Lindbergh Elementary, Tulsa Lindsey Malcolm, Deer Creek-Lamont School Madison Peagler, Destiny Christian School, Oklahoma City Hope Salcedo, Eufaula Elementary Skyler Seward, Deer Creek-Lamont School Madigan Smith, Eufaula Elementary Myel Solorzano, Destiny Christian School, Oklahoma City Issac Stouffer, Deer Creek-Lamont School 2nd Place: Christal Travis, Deer Creek-Lamont School Avery Wade, Destiny Christian School, Oklahoma City Jerome Walker, Lindbergh Elementary, Tulsa Fisher Muegge Cheyenne Williams, Deer Creek-Lamont School Deer Creek-Lamont School Gabriel Williams, Eufaula Elementary Sierra Williams, Deer Creek-Lamont School Teacher: Shellie Fitch Honey Mae Wilson, Undercroft Montessori, Tulsa Drawing Contest Winners • Second Grade

1st Place: Jorge Delaserna Maryetta School, Stilwell • Teacher: Samilou Smith

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 769 Drawing Contest Winners • Second Grade

Ivie Schwarz, Covenant Community School, Stillwater Honorable Mentions: Haily Seward, Deer Creek-Lamont School Dana Jeanette Andreassen, Maryetta School, Stilwell Isaiah Spurlin, Deer Creek-Lamont School Emily Baldridge, Maryetta School, Stilwell Colt Swier, Horace Mann Elementary, Duncan Mason Barnes, Destiny Christian School, Addison Taron, Destiny Christian School, Oklahoma City Oklahoma City Kaylee Brammer, Horace Mann Elementary, Duncan Maddy Burd, Pawhuska Elementary Lucas Contreras, Horace Mann Elementary, Duncan Brittany Daniel, Eufaula Elementary Abigail Ervin, Will Rogers Elementary, McAlester Alyssa Gazaway, Destiny Christian School, Oklahoma City Maranda Gibson, Horace Mann Elementary, Duncan Ryan Harrigan, St. Philip Neri Catholic School, Oklahoma City Cassidi Hindman, Pawhuska Elementary Josie Johnson, Maryetta School, Stilwell Chilua Keith, Deer Creek-Lamont School Hunter Kirkland, Maryetta School, Stilwell Briawna Logan, Eufaula Elementary Ray Matsumoto, St. Philip Neri Catholic School, Oklahoma City Troy McNatt, Eufaula Elementary Rheeanna Mendoza, Maryetta School, Stilwell Caroline Muegge, Deer Creek-Lamont School 2nd Place: Christian Nester, Eufaula Elementary Logan Nichols, Davis Elementary Amethyst Chitwood Janie Poteet, Pawhuska Elementary Daxxton Sanders, St. Philip Neri Catholic School, Covenant Community School, Stillwater Oklahoma City Teacher: Ronda Peek Collage Contest Winners • Third Grade

1st Place: Ethan Caldwell Pawhuska Elementary • Teacher: Ms. Foster

770 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Collage Contest Winners • Third Grade Honorable Mentions: Macyn Anderson, Prague Elementary Jordan Bays, Antioch Christian Academy, Oklahoma City Plizia Bishop, Maryetta School, Stilwell Jonathan Brewer, Central Elementary, Moore Ryan Brown, Central Elementary, Moore Preston Fridrich, Prague Elementary Ethan Haddox, Central Elementary, Moore Bailey Harris, Prague Elementary Payton McCarty, Pawhuska Elementary Jesse Mills, Home School, Wagoner Brayden Pitner, Antioch Christian Academy, Oklahoma City Taylor Redden, Antioch Christian Academy, Oklahoma City Brandt Smith, Will Rogers Elementary, Stillwater Parker Terrell, Prague Elementary Taylor Tingley, Deer Creek-Lamont School Aubrie Walker, Pawhuska Elementary Tyger Walters, Covenant Community School, Stillwater Braydon Wilson, Pawhuska Elementary

2nd Place: Bryce Day Prague Elementary Teacher: Barbara Hutchens Collage Contest Winners Fourth Grade

side one

side two 1st Place: Rebekah Peek Covenant Community School, Stillwater Teacher: Elizabeth Albright

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 771 Collage Contest Winners • Fourth Grade

2nd Place: Sidni Blalock Horace Mann Elementary, Duncan Teacher: Megan Taylor Honorable Mentions: Mason Barrington, Alex Elementary Adrian Blaynewalker, Byng School, Ada Molly Ervin, Will Rogers Elementary, McAlester Benjamin Hamm, Deer Creek-Lamont School John LaPoint, Alex Elementary Taylor Morris, Centennial Elementary, Mustang K.C. Patterson, Covenant Community School, Stillwater Samuel Pearson, Alex Elementary Gabriela Perry, Truman Elementary, Norman Steven Sheldon, Truman Elementary, Norman Audra Smith, Prague Elementary Cole Tolle, Deer Creek-Lamont School Cail Williams, Centennial Elementary, Mustang Christian Womack, Centennial Elementary, Mustang Kennedi Wright, Truman Elementary, Norman

Diorama Contest Winners • Fifth Grade

1st Place: Bo Riggs Prague Elementary Teacher: Barbara Hutchens

772 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Diorama Contest Winners • Fifth Grade

2nd Place: Daren Reid Leslie R. Fisher Elementary, Oklahoma City Teacher: Teresa Potter Honorable Mentions: Kristen Hall, Bennington Elementary Jamie Hollingsworth, Bennington Elementary Dallin Reese, Covenant Community School, Stillwater

Diorama Contest Winners Eighth Grade

1st Place: Brynne Coryea Coalgate Public Schools Teacher: Carla Wade

Honorable Mention: Abigail Chorley, Augustine Christian Academy, Tulsa

2nd Place: Rachel Peek Covenant Community School, Stillwater Teacher: Emily Boozer

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 773 Creative Writing Contest Winners • Fifth Grade

Remembering Abraham Lincoln after 200 years Abraham Lincoln, our 16th President, is one of the most popular - presidents. He is also the tallest President. In February 12, 1809, Abra - ham Lincoln was born in Hodgenville, Kentucky. Throughout his child hood he loved to read and talk about politics. In 1831, he floated down the Mississippi River to New Orleans. Then one day in New Orleans, he saw a slave market. He was astonished and would never forget it again. In 1834, he became a lawyer. In 1858 in Ottawa, Illinois, Abraham ran for senate against Stephen Douglass and lost. Then Abraham ran again and this time he won and served in the House of Representatives. In 1860, Lincoln was elected President of the United States. In 1842, Abraham married Mary Todd. They had four children: Thomas, William, Robert and Edward. The emancipation Proclamation declared freedom for the slaves. The Confederate States wanted slaves, so they broke free from the Union. So they had a war called the Civil War and it began in 1861. More than six hundred thousand soldiers died in the Civil War. Finally, the confederate States gave up and became part of the Union again in 1865. Abraham was inaugurated for his second term in office in 1865; five days after the war had ended. Abraham and his wife Mary went to a theater to watch a play. A famous actor from the south named John Wilkes Booth, slipped into the theater and shot Abraham. The President 1st Place: died the next day. Later on, Booths was hunted down and killed. I think Abraham Lincoln’s legacy is for freedom for the slaves because for his whole life he was trying to get rid of slavery. Abraham Lincoln Joy Rong thought that each person was equal and that no man was higher than Covenant Community School, another just because their skin was darker. I also think that he is most Stillwater remembered by two important events: The “Gettysburg Address” and Teacher: Elizabeth Albright the “Emancipation Proclamation”. Throughout the past 200 years, - Americans remember whenever they see the carving of Mount Rush more, the five dollar bill and the penny. In American History, Abraham Lincoln is know and remembered for all good and honorable things that he did.

Honorable Mentions: 2nd Place: Dina Curtis, Evangelistic Temple School, Tulsa Molly Lohrey, Evangelistic Temple School, Tulsa Taron Mills, Home School, Haskell Richard Scrivener Breanna Sharp, Evangelistic Temple School, Tulsa Jay Upper Elementary Meagan Walters, Mitchell Elementary School, Tulsa Teacher: Mrs. Scrivener To read Richard’s poem, go to www.okbar.org.

774 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Creative Writing Contest Winners • Sixth Grade

February 12 February 12, 1809 the date still holds as strong as twine. For we celebrate an important day, when a man was born who took slavery away. Abraham Lincoln is his name, who knew justice would win the game. He fought, he won, and they thought he was done. Little did they know we would continue the show. Today, tomorrow and forever more, we shall always remember the Civil War. 1st Place: A man whom we shall never forget, who helped us patch our biggest split. A great American life story Blaire Scott that had its failures, but many glories. St. Elizabeth Ann Seton School, He was brave and very true Edmond and knew just what to do. He stood up for what was right Teacher: Joanne Oltean even during one of the biggest blights. Even still to this day I never thought it would end that way. Mr. Booth shot you dead… oh, if only you had fled. Although I know that is not your way, I wish you would have fled than stayed. Even though you’re very old now You’re still the man so take a bow. We will never forget the name you possess, or the time of your greatest success. Now, today it’s your time to shine, as we celebrate February 12, 1809.

2nd Place: Finnian Bender St. Elizabeth Ann Seton School, Edmond Teacher: Joan Krauss To read Finnian’s poem, go to www.okbar.org.

Honorable Mention: Desirae Gardner, Banner School, El Reno

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 775 Creative Writing Contest Winners • Seventh Grade

Law Day Story

“I leave you, hoping that the lamp of liberty will burn in your bosoms until there shall no longer be a doubt that all men were created free and equal.” This quote was given by our sixteenth president, Abraham Lincoln, in Chicago, Illinois. This quote shows that President Lincoln wanted the people to realize that no matter what color your skin was God created you equal to your neighbor. Abraham Lincoln was born on February 12, 1809 in what is now known as LaRue County, Kentucky. He was a successful lawyer and an Illinois legislature. He was also a member of the United States Senate, but failed. He was the first Republican to become president. He was elected in the year of 1860. On March 4, 1861 he was sworn in as the 16th president of the United States of America. His presidency was definitely not an easy one. Very shortly after he became president the American Civil War tore our country in half. The United States Constitution says that no state may secede from the union. The southern states desired succession from the union. This was the main reason the war stated. Three years after being elected president he signed the Emancipation Proclamation. This was the thirteenth amendment to the United States Constitution. This amendment stated that all slaves of the Confederate 1st Place: States of America should be freed if they did not join the Union before January 1, 1863. Patrick “Of the people, by the people, for the people,” President Lincoln said this- on November 19, 1863 when he gave a speech now known as the Gettys Sullivan burg Address. He delivered the speech at the dedication of the Soldiers’ Duncan Middle School National Cemetery at Gettysburg, Pennsylvania. This speech was a major event in American History. It sent the message That this country was Teacher: Cindy Parks founded upon liberty, freedom, God, and an unselfish attitude and that our country would always be this way. 2nd Place: President Lincoln died a tragic death at the hands of John Wilkes Booth. He and his wife were watching a play at Ford’s Theater. A gunshot was heard and confusion struck the room. They then realized President Lincoln Harland had been shot. He was taken to the Peterson House and died that day, April 15, 1865 at the age of 56. The country mourned in the loss of a great man. Garilli President Lincoln will definitely be honored in American History forever.- Canute Schools He took a war torn nation and turned things around. He has many accom plishments in his life. The Lincoln Memorial signifies what he did and what Teacher: Danna Goss he sacrificed for our country. Now two-hundred years later we remember him just like they did then. He was an honest and remarkable man with To read many great qualities. “Of the people, by the people, for the people,” that Harland’s poem, quote really shows how he looked at our country with his courage and go to determination. I hope not only on February 12, Lincoln’s birthday, but always will we remember what Abraham Lincoln did for our country and www.okbar.org. the American people. Honorable Mention: Lauryn Tumpkin, Home School, Broken Arrow

776 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Creative Writing Contest Winners • Eighth Grade

A Legacy of Liberty Moses Williams lifted his head and took in a deep breath of fresh, autumn, 100% Virginia air. The date was September 2, 1862. Moses smiled as he thought of the previous day’s events and the reaction that went through the whole Confeder ate States of America as a result. He thought of - the white people running around checking with their neighbors to make sure it wasn’t a joke being played by the paper. He thought of them looking uneasily towards the slaves’ quarters on the local plantations and shuddering. He also thought of the slaves singing into the night, danc ing, and joyously praising God. The reason for all- of this commotion was that on September 22, 1862, President Abraham Lincoln announced the 1st Place: first part of a document which would change the lives of millions in the southern states of Texas, Louisiana, Florida, North Carolina, Arkansas, Brennan Nash Alabama, Georgia, Virginia, Mississippi, and St. Elizabeth Ann Seton School, South Carolina. It was called the Emancipation Edmond Proclamation. Moses learned that the Proclama - Teacher: Barbara Brearton tion would officially go into effect on January 1, 1863. He watched as his parents had prayed to God all through the night, thanking him for free ing them and all their brothers and sisters in - 2nd Place: Christ. He heard them thank God for helping President Lincoln see that freeing the slaves was the right thing and ask if he would bless Presi Amanda Nighbor dent Lincoln and watch over him always. Moses- St. Elizabeth Ann Seton School, Edmond took another deep breath and smiled as he real ized President Lincoln started something much - Teacher: Barbara Brearton bigger than he intended by freeing the slaves. Lincoln started a legacy of liberty that would be To read Amanda’s poem, passed down through the years by all future go to www.okbar.org. residents of America and would be kept sacred by all those individuals.

Honorable Mentions: William Harjo, St. Elizabeth Ann Seton School, Edmond Dakota Meinhardt, Canute Schools Olivia Schick, St. Elizabeth Ann Seton School, Edmond Damon Young, St. Elizabeth Ann Seton School, Edmond

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 777 Creative Free for All Contest Winners • Ninth Grade

1st Place: Hannah Lane Weaver William Bradford Christian School, Pryor Teacher: Marilyn Mauck Honorable Mentions: 2nd Place: For Creative Writing: Jordan Biffle, Evangelistic Temple School, Tulsa Patrick Bender Dory Cooper, Evangelistic Temple School, Tulsa Megan McCool, Evangelistic Temple School, Tulsa Edmond Memorial High School Hayley Sharpe, Evangelistic Temple School, Tulsa Teacher: Teresa Spain For Art: Jacob Blanton, Deer Creek-Lamont School To read Patrick’s poem, Lindsey Campbell, Deer Creek-Lamont School go to www.okbar.org. Kelsey Casey, Deer Creek-Lamont School Andrew Coufal, Deer Creek-Lamont School Brennan Hutton, Deer Creek-Lamont School Megan Sawyer, Covenant Community School, Stillwater

778 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Creative Free for All Contest Winners • 10th Grade

1st Place: Desirée Moore Ponca City High School Teacher: Tim Wehrle 2nd Place: Creative Free for All Contest Corey St. John Winners • 11th Grade Bennington Public School Teacher: Ms. Braudrick DVD – “President Abraham Lincoln” Honorable Mentions: For Creative Writing: Caitlin Blackwell, Lawton High School Alexander Franco, Lawton High School Keirstin Schmidt, Lawton High School For Art: Jaelin Barfield, Bennington Public School Corey Brown, Bennington Public School Dana Hall, Bennington Public School Morgan Thompson, Deer Creek- Lamont School 1st Place: Danielle Coover Immanuel-Skiatook School, Skiatook Teacher: Rachel Keeney (see Danielle’s art - top of next page)

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 779 Danielle Coover — 1st Place

2nd Place: Jessica Miller Ponca City High School Teacher: Tim Wehrle

Honorable Mentions: For Creative Writing: James Brennan, Lawton High School Laurel Lamb, Lawton High School Michael Wassall, Lawton High School For Art: Anna Jones, Maud High School Lauren Smith, Barnsdall High School Sarah Smith, Maud High School

780 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Creative Free for All Contest Winners • 12th Grade

1st Place: Rachel Blackwell Comanche High School Teacher: Danny Blackwell

2nd Place: Megan Beasley Weatherford High School Teacher: Cindy Henderson

Honorable Mentions: For Creative Writing: Ashlee Minyard, Bennington Public School Lauren Pinaroc, Bishop McGuinness High School, Oklahoma City Rachel Weaver, William Bradford Christian School, Pryor John Hart Woldum, Evangelistic Temple School, Tulsa For Art: Steven Campbell, Maud High School Julie Canfield, Comanche High School Mary Nix, Home School, Mustang

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 781 VIDEO CONTEST

1st Place: Alexander Knight Bishop McGuinness High School, Oklahoma City Teacher: Lynda Schaffel To watch Alexander’s video, go to www.okbar.org. Mr. Knight, a freshman at Bishop McGuinness High School, filmed a video titled “In Lincoln’s Words: An Oklahoma Tribute to Abraham Lincoln’s Legacy.” Watch as he “travels the state from windmill farms to the steps of the capitol to the tri-state monument, celebrating Lincoln’s legacy through favorite quotes.” Honorable Mentions: Cole Kilpatrick, Ada Junior High School Amber Mandt and Alyssa Schultz, Central Elementary, Moore Rachel McElmurry, Ft. Gibson Intermediate Elementary Katie Prior, Home School, Oklahoma City Community Christian School high school class, Norman GRAND PRIZE WINNER Kyle Ressel Comanche High School Teacher: Sue Garrett

Mr. Ressel, a junior at Comanche High School, submitted a DVD for his Law Day “creative free for all” entry. The video displayed famous Abraham Lincoln quotes and policies enacted during his presidency, followed by corresponding photos of present-day landmarks that reveal how Lincoln’s legacy lives on today.

782 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 OKLAHOMA CRIMINAL DEFENSE LAWYERS ASSOCIATION PRESENTS ADVANCED CRIMINAL DEFENSE & CAPITAL LITIGATION APRIL 23 & 24, 2009 Rose State Training Center 6420 S.E. 15th Street, Midwest City, OK 17 Credits, including 3 Ethics Thursday, April 23 Friday, April 24 7:30 a.m. – 8:00 a.m. Registration 8:00 a.m. – 8:30 a.m. Registration 8:00 – 8:15 Opening remarks 8:30 – 9:45 TIM “TARZAN” WILSON (Okla. Co. Public Defender’s): Why childhood and poverty matter 8:15 – 9:05 JOHN FLOYD (Federal Defender, 9:45 – 10:35 PROF. JOY HADWIGER, PH.D. Kansas), “IDAHO” JOE WARD (Austin), DALE (Rogers State Univ., Claremore): Aging ANDERSON (OIDS): What is mitigation and populations in prison how do you find it? 9:05 – 9:55 WINSTON CONNOR (Miami, OK): 10:45 – 11:35 ART WILLIAMS, PH.D. (Tulsa): NGRI litigation Understanding your client’s culture 10:05 – 10:45 BERT RICHARD (Okla. Co. 12:45 – 1:35 CINDY VIOL (OKC): Public Defenders’): Batson post Snyder/ Incorporating capital defense tools into Miller-El your regular criminal practice 10:45 – 11:35 BARRY DERRYBERRY (Federal 1:35 – 2:30 DEBBIE MADDOX (Norman): Defender, Tulsa) & MICHAEL MOREHEAD Imparting your theory of mitigation to the (OIDS): Recent case update jury 11:35 - 12:25 GARY JAMES (OKC): 2:40 – 3:30 JOHN FLOYD (Federal Defender, Prosecutorial Misconduct Kansas): Defense Initiated Victim Outreach 1:30 – 2:50 PROF. SEAN O’BRIEN (UMKC 3:30 – 5:00 JOHN NILAND (Texas Defender School of Law): ABA & Supplementary Service, Austin): Thoughts on how NOT to do Guidelines for Mitigation capital litigation 3:00 – 3:50 GARY JAMES (OKC): Strategic use of the media 3:50 – 5:30 FEATURING KEYNOTE SPEAKER: MARK CURRIDEN, (Vinson & Elkins, Dallas), author of “Contempt of Court. The Turn of the Century Lynching That Launched a Hundred Years of Federalism.” (Comprises 1 ethics credit).

COST MEMBERS: $150 NON-MEMBERS: $200 PUBLIC DEFENDER: $100 (in groups of 5 or more registered at the same time: $75 per) PAYMENT NAME: ______BAR # & STATE: ______ADDRESS: ______Phone: ______Email: ______Check enclosed payable to OCDLA in the amount of: ______Credit Card Amount: ______. Am Ex. _____ MC _____ Visa ____ Discover _____ Credit Card # ______Exp. Date ______I certify that I am not a member of a prosecutor agency. ______MAIL: OCDLA, PO BOX 2272, OKLAHOMA CITY, OK 73101-2272, FAX 405-239-2595 Or Email: Brandon Pointer at [email protected]

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 783 County Law Day Chairpersons

Adair Cherokee Ellis Joe Dean Adair Park Medearis Judge Joe L. Jackson (918) 696-2172 (918) 456-4848 (580) 885-7601 Alfalfa Choctaw Garfield Marcus A. Jungman Vester V. Songer Chad N. Davis (580) 596-3591 (580) 326-7575 (580) 233-2833 and Atoka Cimarron Robert R. Faulk Shannon Reasor Stanley Ed Manske (580) 249-9100 (580) 889-3343 (580) 544-2571 Garvin Beaver Cleveland Arlan Bullard Jerry Lee Venable Don Pope (405) 238-9249 (580) 625-4526 (405) 360-7555 Grady Beckham Coal Ann E. Murray Molly Priest Trae Gray (405) 574-7501 (580) 928-5800 (580) 927-2314 Grant Blaine Comanche Judge Jack D. Tom Stephenson Teressa Stidham-Williams Hammontree (580) 623-7400 (580) 355-4447 (580) 395-2258 Bryan Cotton Greer Julie Cuesta Kathleen Flanagan Judge Danny R. Deaver (580) 924-4032 (580) 875-2136 (580) 782-4020 Caddo Craig Harmon Jason Glidewell Cassandra Coats Judge Mike Warren (405) 247-2456 (918) 256-8791 (580) 688-2553 and Canadian Jillian Fuqua Harper H. David Hanes (918) 906-1215 Jim Harkins (405) 354-2833 (580) 735-2551 Creek Carter Lauren Lester Allison Haskell Julie Austin Dewbery (918) 367-3244 Thomas H. Conklin III (580) 226-6060 (918) 967-4661 Custer Andrew Carruth Hughes (580) 772-7721 Robert L. Irby and (405) 379-5429 Angela Marsee Jackson (580) 323-3232 Stephen Booker Delaware (580) 482-5334 Lee Griffin Eberle Jefferson (918) 253-5800 Phillip R. Scott Dewey (580) 228-2784 Julie Strong Johnston (580) 323-1516 Dustin Rowe (580) 371-9561

784 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Kay McClain Osage Seminole Michael Martin John R. Pevehouse Steven Venturi Judge Timothy Olsen (580) 765-9967 (405) 527-6574 (918) 287-1700 (405) 257-3386 Kingfisher McCurtain Ottawa Sequoyah Rob Johnson Tom Ellis Erik C. Johnson Kent Ghahremani (405) 375-6992 (580) 286-6636 (918) 540-2199 (918) 775-5900 Kiowa McIntosh Pawnee Stephens William E. Gentry Breckin Wagner Pat Pickerill Joshua A. Creekmore (580) 726-2301 (918) 689-3600 (918) 358-2244 (580) 255-8726 Latimer Murray Payne Texas Douglas G. Dry Aaron Duck Luke Anthony Peggy Carter (918) 465-5033 (580) 622-3218 (405) 533-3989 (580) 338-3388 and LeFlore Muskogee Tillman Jill Ochs-Tontz January Windrix P. Lance McCrary Bradford L. Benson (405) 282-3340 (918) 649-0675 (918) 682-2233 (580) 335-7541 Pittsburg Lincoln Noble Tulsa Josh Reid Sarah L. Soderstrom- Sarah Kennedy Marvin Lizama (918) 470-7782 Bridge (580) 336-9244 (918) 850-2048 (405) 258-1334 Pontotoc Nowata Wagoner Meagan Brooking Logan Linda M. Gambill- Amy B. McFarland (580) 427-5291 Timothy W. Green Branstetter (918) 485-2147 (405) 282-1919 (918) 273-2200 Pottawatomie Washington Joe Vorndran Love Okfuskee Zachary D. Hyden (405) 275-0039 Richard A. Jerry Pittman (918) 336-1773 Cochran Jr. (918) 623-0424 Pushmataha Washita (580) 276-5111 Gerald C. Dennis Oklahoma Judge Christopher (580) 298-5082 Major John Heatly Kelly Mitchell A. Hallren (405) 232-0621 Roger Mills (580) 832-3144 (580) 227-4449 and Pat VerSteeg Woods Celeste Johnson (580) 497-2431 Marshall Westline Ritter (405) 235-4100 Millicent Watson Rogers (580) 327-2171 (580) 795-7328 Okmulgee Noah Sears Woodward Lou Ann Moudy (918) 342-8100 Mayes Mike Meinders (918) 652-3328 Jessica Carriger (580) 254-5551 (918) 825-2171

If your county information has changed, please contact Melissa Brown, [email protected].

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 785 OBA Web Sites What Information Do They Provide?

NEW! www.okbar.org/oknewsbar.htm 4Designed with the needs of OBA members in mind, OKNEWSBar has been created to allow you to quickly access new Oklahoma and U.S. Supreme Court opinions as well as up-to-date legal news and law practice management tips. www.okbar.org 4The official Web site of the Oklahoma Bar Association. It’s your one-click resource to all the information you need, including what’s new at the OBA, ethics opinions, upcoming CLE seminars, staff contacts, and section and committee information. my.okbar.org 4On this site, you can do everything from changing your official address, enrolling in a CLE course, checking your MCLE credits and listing your practice areas on the Internet so potential clients can find you. The PIN number required is printed on your dues statement and can be e-mailed to you if the OBA has your current e-mail address. www.oba-net.org 4Members-only interactive service. Free basic service with premium services available to enhance the member benefit. Lawyers are empowered to help each other through online discussions and an online document repository. You must agree to certain terms and be issued a password to participate in OBA-NET. www.oklahomafindalawyer.com 4People from across Oklahoma visit this Web site every day in search of an attorney. How can you get your name on this list for free? Signing up is easy – log into your account at my. okbar.org and click on the “find a lawyer” link. Fastcase at www.okbar.org 4The OBA teamed up with Fastcase in 2007 to provide online legal research software as a free benefit to all OBA members. Fastcase services include national coverage, unlimited usage, unlimited customer service and unlimited free printing — at no cost to bar members, as a part of their existing bar membership. To use Fastcase, go to www.okbar.org. Under the Fastcase logo, enter your username (OBA number) and password PIN for the myokbar portion of the OBA Web site.

786 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 OBA/CLE Presents Generations of Personal Injury Litigation

Tulsa Oklahoma City DATES & May 1, 2009 May 8, 2009 LOCATIONS: Renaissance Hotel Oklahoma Bar Center 6808 S. 107th E. Ave. 1901 N. Lincoln Blvd.

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

TUITION: $150 for early-bird registrations with payment received at least four full business days prior to the seminar date; $175 for registrations with payment received within four full business days of the seminar date. Register online at www.okbar.org/cle. The Oklahoma City program will be webcast. For details go to www.legalspan.com/okbar/webcasts.asp. NOTE: Tuition for webcast varies from live program tuition. CANCELLATION POLICY: Cancellations will be accepted at any time prior to the seminar date; however, a $25 fee will be charged for cancellations made within four full business days of the seminar date. Cancellations, refunds, or transfers will not be accepted on or after the seminar date.

Program Planner/Moderator Kelly Bishop, Abel Law Firm, Oklahoma City

8:30 a.m. Registration & Continental 12:10 Professionalism and Civility in Breakfast Personal Injury Litigation (ethics) Terry W. West, The West Law Firm, 9:00 Medical Testimony in Auto Cases Shawnee Ed Abel, Abel Law Firm, Oklahoma City 1:00 Preparation and Handling Mediation and Settlement Conferences in 9:50 Break Personal Injury Cases Frank W. Frasier, Frasier, Frasier & 10:00 The Starting Line: Pre-litigation and Hickman, Tulsa Pre-trial Preparation in Personal Injury Cases 1:50 Break Luke Abel, Abel Law Firm, Oklahoma City 2:00 Evidence of “Other Similar Incidents” in Personal Injury Cases 10:50 The Checkered Flag: Developing a James E. Frasier, Frasier, Frasier & Trial Plan in Personal Injury Cases Hickman, Tulsa Bradley C. West, The West Law Firm, Shawnee 2:50 Adjourn

11:40 Networking lunch (included in registration)

Generations of Personal Injury Litigation Full Name______G Tulsa Firm ______May 1, 2009 Address ______G Oklahoma City City ______State ______Zip______May 8, 2009 Phone ( ) ______E - Mail ______

G Materials only $80 Are you a Member of OBA?  Yes  No OBA Bar#______Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 53036 Oklahoma City, OK 73152 For  Visa  Master Card  AMEX  Discover Fax (405) 416-7092 Register online at www.okbar.org Phone •(405) 416-7006 or Mail Credit Card# Exp.date______Authorized Signature

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 787 LAW DAY 2009 County Bar Association Activities

H Adair County Bar Association questions by phone from 7-8 p.m. on April 30. It will begin participating in The Adair County Bar Association the “Wills for Heroes” program as will participate in the Ask A Lawyer part of its Law Day activities. program in conjunction with the Finally, the association has created a statewide campaign to answer legal committee to put together a centen- questions by phone from 7-8 p.m. on nial biographical sketchbook of all April 30. local attorneys who have practiced in H Alfalfa County Bar Association Bryan County since 1957 to supple- ment an earlier biographical sketch- The Alfalfa County Bar Association book done for the bicentennial. The will participate in the Ask A Lawyer project is scheduled to be completed program in conjunction with the before Law Day. statewide campaign to answer legal questions by phone from 7-9 p.m. on H Canadian County Bar Association April 30. The Canadian County Bar Asso- H Bryan County Bar Association ciation will participate in the Ask A Lawyer program in conjunction The Bryan County Bar Association with the statewide campaign to is sponsoring contests for local school answer legal questions by phone children with a coloring contest for from 7-9 p.m. on April 30. kindergarten through third graders, a poster contest for grades fourth H Cherokee County Bar Association through sixth, an essay contest for The Cherokee County Bar Associa- seventh through ninth graders, and tion will participate in the Ask A an essay contest for 10th through 12th Lawyer program in conjunction with graders. Attorneys will also be visit- the statewide campaign to answer ing local schools during the month legal questions by phone on April 30. leading up to Law Day. During the In addition, “Ask A Lawyer” pro- week leading up to Law Day, mem- grams will be held at Northeastern bers of the county bar will write arti- State University and the Cherokee cles for publication in a local newspa- Nation Tribal complex the week per, with one article appearing each leading up to Law Day. day before and on Law Day. An advertisement will run in the local H Choctaw County Bar Association newspaper with a group photograph The Choctaw County Bar Associa- of the Bryan County Bar Association. tion will participate in the Tri-County The Bryan County Bar Association Law Day Banquet (along with McCur- will participate in the Ask A Lawyer tain and Pushmataha counties) the program in conjunction with the evening of May 2. Lt. Gov. Jari Askins statewide campaign to answer legal will deliver the keynote address.

788 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 H Cimarron County Bar Association H Custer County Bar Association The Cimarron County Bar Association will The Custer County Bar Association will be participate in the Ask A Lawyer program in participating in the Ask A Lawyer program in conjunction with the statewide campaign to conjunction with the statewide campaign to answer legal questions by phone from 7-9 answer legal questions by phone from 6-8 p.m. on April 30. p.m. on April 30. Volunteers are also arrang- H Cleveland County Bar Association ing to give a presentation to high school seniors at Weatherford High School, Clinton The Cleveland County Bar Association, in High School and Thomas High School during recognition of the Law Day theme for this the week of April 27. The high school presen- year, “A Legacy of Liberty: Celebrating Lin- tations will cover the topics highlighted in the coln’s Bicentennial,” is hosting a symposium/ OBA handbook, “You’re 18 Now - It’s Your open forum on April 29 from 7-8:30 p.m. This Responsibility!” for the purpose of informing event will be held at the city council chambers and educating our young adults and soon-to- in Norman. Speakers will open the sympo- be adults on the rights and responsibilities sium by providing information regarding Lin- that come with attaining legal age. coln’s contributions in the areas of equality, civil rights and the right to vote. Following H Garfield County Bar Association these presentations, there will be an open The Garfield County Bar Association will forum discussion comparing and contrasting participate in the Ask A Lawyer program in Lincoln’s suspension of the writ of habeas cor- conjunction with the statewide campaign to pus in 1861 to the 2008 Supreme Court case answer legal questions by phone from 5:30- dealing with the Guantanamo Bay detainees. 8 p.m. on April 30. An essay and poster con- To date, Cleveland County District Judges test will also be held for local schools. Several William C. Hetherington, Tom A. Lucas and lawyers have volunteered to participate in Lori Walkley; Court of Civil Appeals Judge Lawyers in the Classroom events at local Glenn D. Adams; Court of Criminal Appeals schools. A local county bar fundraiser for Presiding Judge Charles Johnson; and Sen. Legal Aid has been planned, and a newspaper John Sparks, a Norman attorney, have con- ad will be running. sented to serve on the forum panel. This event will be open to the public and broadcast on H Garvin County Bar Association the City of Norman local access channel. In addition to the above, visits to all local schools The Garvin County Bar Association will who make a request will be made by partici- participate in the Ask A Lawyer program in pating attorneys providing information to conjunction with the statewide campaign to local students. Local attorneys and judges will answer legal questions by phone from 6-8 be writing articles for the Norman Transcript p.m. on April 30. from April 27 through May 1. These articles H Grant County Bar Association will highlight the current impact of Lincoln’s legacy in the areas of equality, civil rights and The Grant County Bar Association will the right to vote. The Cleveland County Bar participate in the Ask A Lawyer program in Association will participate in the Ask A Law- conjunction with the statewide campaign to yer program from 6:30-8 p.m. on April 30 in answer legal questions by phone from 7-8 conjunction with the statewide event aired on p.m. on April 30. OETA. A reception will be held on May 1 from H Johnston County Bar Association 5-7 p.m. to conclude all events. Johnston County will hold an essay contest H Craig County Bar Association for local third grade students. Savings bonds The Craig County Bar Association will par- will be awarded as prizes. ticipate in the Ask A Lawyer program in con- H Kay County Bar Association junction with the statewide campaign to answer legal questions by phone from 6-8 p.m. The Kay County Bar Association will on April 30. Additionally, the bar will host a participate in the Ask A Lawyer program in drawing contest for countywide elementary conjunction with the statewide campaign students using the theme “A Legacy of Liber- to answer legal questions by phone from 6-8 ty: Celebrating Lincoln’s Bicentennial.” p.m. on April 30. For additional information,

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 789 please contact Michael P. Martin at art contest and their “creations” will be put on (580) 765-9967. display at the Mayes County Courthouse. H Kingfisher County Bar Association H McCurtain County Bar Association The Kingfisher County Bar Association will Law Day activities will include a radio call- be celebrating Law Day on May 4 with a noon in show on the morning of May 2 and also luncheon in the main courtroom of the King- sending speakers to the local schools in the fisher County Courthouse. Activities and pre- last two weeks of April and first two weeks of sentations at the luncheon include a Law Day May. The big highlight will come on the eve- speaker; a memorial presentation to the family ning of May 2 at the Tri-County Law Day of longtime Kingfisher County Bar member Banquet (for McCurtain, Choctaw and Push- Tom Baker, who passed away in 2008; presen- mataha counties). Lt. Gov. Jari Askins will tation of the Law Day Award; and dedication deliver the keynote address. of the new courtroom. H Muskogee County Bar Association H LeFlore County Bar Association The Muskogee County Bar Association will The LeFlore County Bar Association will offer free legal advice to the public at Arrow- participate in the Ask A Lawyer program in head Mall on April 30. conjunction with the statewide campaign to answer legal questions by phone from 7-8 H Okfuskee County Bar Association p.m. on April 30. The Okfuskee County Bar Association H Lincoln County Bar Association will participate in the Ask A Lawyer program in conjunction with the statewide The Lincoln County Bar Association will campaign to answer legal questions by celebrate Law Day by holding its annual Law phone from 7-8 p.m. on April 30. Day picnic at the Chandler Senior Citizens Center on May 1. H Oklahoma County Bar Association H Marshall County Bar Association • Law Day Luncheon – May 1, Sheraton Hotel, Oklahoma City Marshall County will be celebrating Law Day 2009 on May 4 beginning with activities The Oklahoma County Bar Association is at the courthouse for the 5th grade social sponsoring the luncheon this year featur- studies classes from Madill Elementary. The ing Oklahoma Supreme Court Justice activities will include a mock trial where the James R. Winchester. Drawing on his var- students will participate in all areas of the ied experiences as a practicing attorney, court system, a presentation with question district court judge, U.S. administrative and answer time with District Court Judge law judge and justice of the Oklahoma John Scaggs and an election using the Mar- Supreme Court, Justice Winchester will shall County Election Board machines with bring a unique perspective to this year’s election information from the county secretary Law Day theme. The inaugural presenta- along with other election activities. The bar tion of the Howard K. Berry Award will will participate in the Ask A Lawyer program take place at this year’s luncheon. There in conjunction with the statewide campaign to will also be a recognition of the Journal answer legal questions by phone from 7-8 Record’s “Lawyers in Leadership,” pre- p.m. on April 30. sentation of the Journal Record Award, and presentation of the Liberty Bell H Mayes County Bar Association Award. The centerpiece stuffed animals The Mayes County Bar Association will par- will be donated to several of the police ticipate in the Ask A Lawyer program in con- departments in Oklahoma County. Tick- junction with the statewide campaign to ets are available by calling the OCBA at answer legal questions from 6:30-8 p.m. on (405) 236-8421. April 30. The association will also send speak- • Ask A Lawyer Program – April 30 ers to various elementary schools in Mayes at OETA County to teach children about how the law affects the world we live in. Each elementary Volunteers will be handling phone calls student will have the opportunity to enter an from 8:45 a.m. to 9 p.m. Lance Lefell will

790 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 be chairing this subcommittee with assis- H Seminole County Bar Association tance from Mike Krasnow. The Seminole County Bar Association’s • Law Day Mentoring annual Law Day activities are scheduled for The Central Oklahoma Association of April 28. This year’s festivities are especially Legal Assistants (COALA) will be spon- important because Justice Rudolph Hargrave soring approximately 20 high school stu- will be recognized for 60 years of active par- dents who will mentor with judges, attor- ticipation in the Oklahoma Bar Association. neys and legal assistants during the morn- David L. Boren, president of the University of ing of May 1. Students will then attend Oklahoma, is scheduled to appear at the lun- the Law Day Luncheon and tour the Okla- cheon to introduce Justice Hargrave. homa County Courthouse. H Sequoyah County Bar Association • Douglass High School Moot Court Team The Sequoyah County Bar Association The OCBA Douglass High School Task will participate in the Ask A Lawyer pro- Force will sponsor the moot court team gram in conjunction with the statewide members at the Law Day Luncheon where campaign to answer legal questions by they will be recognized for their outstand- phone from 6-8 p.m. on April 30. ing efforts this year. H Stephens County Bar Association • Civic Speakers On May 1, the Stephens County Bar Asso- The OCBA Law Day Committee is provid- ciation will sponsor its annual Law Day ing lists of speakers at various civic clubs Luncheon. This year’s event will be held at and other venues in Oklahoma County. Duncan Golf and Country Club. The luncheon These groups have been contacted in an begins at 11:45 a.m. and features University of attempt to provide legal speakers during Oklahoma College of Law Dean Andrew M. the Law Day week. Coats as the keynote speaker. During the lun- For more information, visit www.okcbar.org. cheon, the James C. Benson and Liberty Bell awards will be presented to those individuals H Pittsburg County Bar Association who have made outstanding contributions to The Pittsburg County Bar Association began their community. Following the luncheon, the its celebration of Law Day with a dinner on Stephens County Bar Association will have its March 31 at Pete’s Place that featured a guest annual James Patterson Memorial Golf Tourna- speaker. The association will participate in the ment at The Territory. Ask A Lawyer Program in conjunction with H Tulsa County Bar Association the statewide campaign to answer legal questions by phone from 7-8 p.m. on April 30. The • Law Day Luncheon – May 1 association will conclude its Law Day activities by participating in the annual golf outing Award-winning author and Harvard pro- at McAlester Country Club on May 1. fessor of English and American literature John Stauffer is the Law Week Luncheon H Pushmataha County Bar Association keynote speaker. In November 2008, pro- The Pushmataha County Bar Association fessor Stauffer released the new tome will participate in the Tri-County Law Day Giants: The Parallel Lives of Frederick Doug- Banquet (along with Choctaw and McCurtain lass and Abraham Lincoln. The book has counties) the evening of May 2. Lt. Gov. Jari been praised for its most insightful por- Askins will deliver the keynote address. trait of either Lincoln or Douglass in years. The book tells the moving story of H Rogers County Bar Association the two men who dominated 19th century The Rogers County Bar Association will American life – as allies across the racial participate in the Ask A Lawyer program in divide, friends who drew common inspi- conjunction with the statewide campaign to ration from hard scrabble beginnings and answer legal questions by phone from 7-8 a love of language, and fellow travelers on p.m. on April 30. the road of American self-making.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 791 • Naturalization Ceremony Volunteers should expect to receive all kinds of legal (and a few non-legal) ques- This year’s Law Week festivities kicked off tions, but “cheat sheets” are provided, and with the co-sponsoring of a naturalization you can always ask a fellow attorney for ceremony where dozens of Oklahomans help if you get a question outside your will become U.S. citizens and will for the area of expertise. first time in their lives begin to enjoy this nation’s legacy of freedom and justice. The • The Student Art/Poetry/Writing Contest ceremony took place April 8 at the federal Each year, the TCBA hosts student art/ court building, District Court for the poetry/writing contests as part of our Northern District of Oklahoma. The festiv- annual Law Week activities. ities included the singing of our national anthem by Tulsa’s own favorite singer • Free CLE Booker Gillespie of Doerner, Saunders, Daniel & Anderson LLP. TCBA Law Week A free CLE will be held as part of Law Chair Marvin G. Lizama spoke on behalf Week 2009 activities at the TCBA on May 8. of the TCBA concerning his own experi- • Mock Trial for Elementary School ences with the naturalization process. Mr. Children Lizama was born in Honduras, Central America, and became a naturalized U.S. The TCBA’s Law Week Committee will citizen in 1992. be coordinating the “Gold E. Locks v. The Bears” mock trial presentation for • The Community Law Fair elementary school children during Law This year’s law week theme honors Presi- Week 2009. dent Abraham Lincoln’s legacy of liberty. • Liberty Bell Award This legacy includes the preservation of our nation by the promulgation of our The Liberty Bell Award will be presented shared beliefs for freedom and justice and at the Law Week Luncheon on May 1. This a sense of community that unites us all. award recognizes a non-lawyer individual On April 25, the Law Week Committee or entity for outstanding service to the will host a Community Law Fair at the community in striving to provide access to Promenade Mall from 10 a.m.-2 p.m. justice for all. Contact Chair Judge Rich- TCBA sponsors the Law Fair to provide ard Woolery at (918) 227-4080 or richard. an opportunity for Tulsa-area charitable [email protected] for additional informa- and legal services organizations to gather tion about this award or to add nomina- together in a public way to show and tions for future consideration. explain the diverse and strong efforts H Washington County Bar Association being made to provide such services. The Washington County Bar Association • Lawyers in the Library will participate in the Ask A Lawyer program This event will be held on Monday, April in conjunction with the statewide campaign 27 from 9 a.m.-4 p.m. at the Tulsa County to answer legal questions by phone from Law Library. Volunteer lawyers are asked 6:30-8:30 p.m. on April 30. Additionally, we to sign up for a one- or two-hour time will be participating in “Lawyer for a Day” slot, but can assist for any length of time to allow the local high school seniors the if they are not available for a full one- opportunity to shadow an attorney or judge hour period. Consultations are 15 minute for a day or afternoon to experience what it sessions offered on a walk-in basis. Vol- is like to be a lawyer. unteer attorneys do not assume pro bono H Woodward County Bar Association obligations or representations of the counseled patrons. The Woodward County Bar Association will participate in the Ask A Lawyer pro- • Ask A Lawyer gram in conjunction with the statewide Our annual Ask A Lawyer call-in program campaign to answer legal questions by will be held on Thursday, April 30 from phone from 7-8 p.m. on April 30. 9 a.m.-9 p.m. at the Tulsa OETA studios.

792 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 LAW DAY 2009

OBA President Jon Parsley and OBA Law Day Committee Chair Tina Izadi witness Chief Justice James Edmondson (seated) signing the directive.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 793 794 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 TM

C C P F A

Win Business and Get Paid! The Legal Affair 2009 e Oklahoma Bar Association is pleased to Saturday, April 25, 2009 oer the Law Firm Merchant Account, credit Reception at 6:30 p.m. Dinner at 7:15 p.m. card processing for attorneys. Correctly accept Skirvin Hilton Hotel, Downtown Oklahoma City credit cards from your clients in compliance Black tie preferred with ABA and State guidelines. Honoring William Burkett Trust your transactions Justice Marian P. Opala Award for Lifetime Achievement in Law to the only payment Cathy Christensen ’86 solution recommended Community Service Award by over 50 state and local Richard Coulson ’68 bar associations! Member Bene t Distinguished Law Alumnus Donna Suchy ’99 Outstanding Young Alumna OBA Members save up to 25% o Hall, Estill, Hardwick, Gable, Golden & Nelson standard bank fees when you mention Law Firm Mark of Distinction promotional code: OBASave. J.R. ’73 and Patsy Homsey Event Co-Chairs

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Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 795 The OBA Summer Get-A-Way OBA Solo & Small Firm Conference and YLD Midyear Meeting June 11-13, 2009 • Tanglewood Resort — Lake Texoma

Registrant’s Name:______OBA#:______

Address:______City/State/Zip:______Phone:______Fax:______E-Mail:______List name and city as it should appear on badge if different from above: ______

Registration Fees: Registration fee includes 12 hours CLE credit, including one hour ethics. Includes all meals Thursday evening Poolside Buffet; Breakfast Buffet Friday & Saturday; Buffet lunch Friday & Saturday; Friday evening Ballroom Buffet. Circle One Early-Bird Attorney Registration (on or before May 28, 2009) $175 Late Attorney Registration (May 29, 2009 or after) $225 Early-Bird Attorney & Spouse/Guest Registration (on or before May 28, 2009) $275 Late Attorney & Spouse/Guest Registration (May 29, 2009 or after) $325 Spouse/Guest Attendee Name: ______Early-Bird Family Registration (on or before May 28, 2009) $325 Late Family Registration (May 29, 2009 or after) $375 Spouse/Guest/Family Attendee Names: Please list ages of children. Spouse/Guest: ______Family: ______Age:______Family: ______Age:______Family: ______Age:______Materials on CD-ROM only Total: $______Thursday, June 11 • Golf With the BOG • 18 Hole Golf (______of entries @ $60 ea.) Total: $______Friday, June 12 • Nine Hole Golf (______of entries @ $40 ea.) Total: $______Total Enclosed: $______Make check payable to the Oklahoma Bar Association. MAIL Meeting Registration Form to: CLE REGISTRAR, P.O. Box 53036, Oklahoma City, OK 73152. FAX Meeting Registration Form to (405) 416-7092 For payment using ___VISA ___ Master Card ___ Discover ___ AmEx CC: ______Expiration Date: ______Authorized Signature: ______No discounts. Cancellations will be accepted at anytime on or before May 28, 2009 for a full refund; a $50 fee will be charged for cancellations made on or after May 29, 2009. No refunds after June 5, 2009. Call 1 (800) 833-6569 for hotel reservations. Ask for the special OBA rate.

796 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 OBA Solo & Small Firm Conference and YLD Midyear Meeting June 11-13, 2009 • Tanglewood Resort - Lake Texoma • (800) 833-6569 HOTEL REGISTRATION FORM

Registrant’s Name: ______Phone: ______Address: ______City/State/Zip: ______Spouse/Guest/Family Attendee Names: ______

______Name Age, if under 21 ______Name Age, if under 21 ______Name Age, if under 21 HOTEL INFORMATION ~~~~~~ ~~~~~~ Arrival Day/Date: ______Departure Day/Date: ______No. of People: ______Please check room preference: ______Single Condo $99 ______New Hotel Room $123 ______Smoking Room ______Non-Smoking Room Special Requests:______

FRIDAY, JUNE 12, 2009 SPOUSE/GUEST ACTIVITIES CHILDREN ACTIVITIES (3 yrs. & up) FRIDAY, JUNE 12, 2009 9:30 am - 11:30 am: Age Appropriate Crafts 9:30 am: Golf _____ No. $13 each child $______(call for tee time) 11:30 am - 1 pm: Story Time (lunch included) _____ No. Golfers 9/$40 $______No. $13 each child $______No. Golfers 18/$60 $______1 pm - 3 pm: Supervised Swimming RECREATIONAL ACTIVITIES _____ No. $13 each child $______4 Outdoor Swimming Pools & Jacuzzi • 2 Lighted Tennis Courts 7:30 pm - 10:30 pm: Movies & Popcorn Playground & Volleyball Court • Croquet & Badminton _____ No. $13 each child $______Lake Texoma Striper Fishing SATURDAY, JUNE 13, 2009 9:30 am - 11:30 am: Age appropriate games ~~~~~~ TRANQUILITY SPA _____ No. $13 each child $______Featuring: 11:30 am - 1 pm: Story Time (lunch included) Massage Therapy, European Facials, _____ No. $13 each child $______Body Wraps, Airbrush Tanning…plus much more! 1 pm - 3 pm: Supervised Swimming Call 1(800) 833-6569 Ext. 2664 _____ No. $13 each child $______before June 5 to make spa appointment. TOTAL for Children $______See www.tanglewoodresort.com for more hotel Private babysitting available for children recreational activities and spa information. 3 and under $14 per hour, arrange at front desk. Cancellations of activities will be accepted 48 hours before arrival date. Mail or fax entire page to: Tanglewood Resort Attn: Teresa, 290 Tanglewood Circle, Pottsboro, TX 75076 CANCELLATION Fax (903) 786-2128. PENALTY IF ROOM Make check payable to the Tanglewood Resort. If paying by credit card please complete: NOT CANCELLED _____VISA _____ Master Card _____ Discover _____ AmEX BY 6 P.M. Credit Card No.______Authorized Signature:______JUNE 8, 2009 Expiration Date:______HOTEL DEADLINE: MAY 28, 2009

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 797 OBA SOLO and SMALL FIRM CONFERENCE JUNE 11-13, 2009 TANGLEWOOD RESORT LAKE TEXOMA DAY 1 • Friday June 12 8:25 a.m. Welcome Come Jon Parsley OBA President & Enjoy 8:30 a.m. – 9:20 50 Tips in 50 Minutes Ross Kodner, Nerino Petro, Jim Calloway the Fun! 9:20 a.m. Break 9:30 a.m. – Practice Killers: The Paper LESS™ Office: Search & Seizure 10:20 a.m. Six Things That Can Practicing Lean & Green Primer and Update Kill Your Practice Ross Kodner Jim Drummond Nerino Petro 10:20 a.m.. Break 10:30 a.m. - Your Online Persona- Military Law Using Speech 11:20 a.m. What Does the Internet Developments Relating Recognition & Think of You? to Family Law Digital Dictation Jim Calloway Bill LaSorsa Nerino Petro

11:20 a.m.. Break 11:30 a.m. – noon Don’t Let Hard Times Federal Estate 25 Handy (30 min session) Drag You Down Tax Update Websites Julie Rivers Steven W. Novak, Daniel H. McCarthy Jim Calloway

Noon LUNCH BUFFET 1:00 p.m. – Multitasking Gone Mad — Coping in a Wired, Demanding, Distracting World 1:50 p.m.. Irwin D. Karp 1:50 p.m. Break 2:00 p.m. - Overcoming Tightwad Technology for Top 10 Mistakes in 3:00 p.m.. Procrastination — How Tough & Trying Times: Estate Planning to Break the Habit Better Word, Steven W. Novak Irwin D. Karp Outlook & Acrobat Daniel H. McCarthy Ross Kodner

798 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009

DAY 2 • Saturday June 13 • Tanglewood Resort

8:25 a.m. Welcome — John Morris Williams, OBA Executive Director 8:30 a.m. – Money and Ethics: Potential Pitfalls When Handling Client Funds 9:20 a.m. Gina Hendryx — Ethics Come 9:20 a.m.. Break 9:30 a.m. – Buying Law Office Overcoming Starting/Restarting a 10:20 a.m. Technology 101: How Procrastination — Law Practice Panel to Buy Right and How to Break the Habit Nerino Petro, Lou Ann Moudy, & Enjoy Spend Smart (REPEAT SESSION) Chuck Chesnut, Mark Hixson Ross Kodner Irwin D. Karp the Fun! 10:20 a.m. Break My “Paperless” A Lawyer’s Guide Oklahoma Family 10:30 a.m. – Bankruptcy Practice to Understanding Wealth Preservation 11:20 a.m. Elaine Dowling Medical Records Act Martha Rupp Carter Ben Kirk Jr. — Moderator

11:30 a.m. Lunch – No Speaker – Hotel Checkout 12:30 p.m. - New Child Support Finding Sanity Negotiating with 1:20 p.m. Guidelines: Déjà Vu in the Practice of Law Insurance Companies in All Over Again Chuck Chesnut These Trying Times Amy Wilson Brad West 1:20 p.m. Break 1:30 p.m. - From Chaos to Cases: Case 50 Marketing Tips 2:20 p.m. Management Systems are Practice in 50 Minutes Panel Power Tools Mark Robertson – Moderator Ross Kodner, Nerino Petro & Jim Calloway 2:20 p.m. Break 2:30 p.m. - What’s Hot and What’s 3:30 p.m. Not in Running Your Law Practice Plan a get-a-way Ross Kodner, Nerino Petro & Jim Calloway with the OBA!

Spend some vacation time with your family and still get all your CLE for the year

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 799 Law Offices of Kevin M. Zlock & Mindy J. Snyder, P.C. By: Mindy J. Snyder, Esquire Attorney I.D. No. 57764 1705 Langhorne-Newtown Road Victorian Commons, Suite #6 Langhorne, PA 19047 (215) 968-1800 ______IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA DOMESTIC RELATIONS DIVISION ROEE TOLEDANO : NO. A06-08-62908-D-33 v. : IN DIVORCE KATHERINE RAYNEE NITZEL : ATTORNEY I.D. #57764 ______NOTICE BY PUBLICATION TO: Katherine Raynee Nitzel This is a Complaint requesting divorce, alleging that the marriage is irretrievably broken and the parties have lived separate and apart. An Affidavit of these allegations, required by Section 3301(d) of the Divorce Code has been filed with the Prothonotary of Bucks County. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against these claims, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER’S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. BUCKS COUNTY BAR ASSOCIATION 135 East State Street Doylestown, Pennsylvania 18901 (215) 348-9413 or (800) 273-2929 COUNSELING NOTICE THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: Section 3301 (a) (6) - Indignities Section 3301 (c) - Irretrievable breakdown, Mutual Consent Section 3301 (d) - Irretrievable breakdown, Two year separation, where the Court determines that there is a reasonable prospect of reconciliation A list of certain professionals is available for inspection in the Branch Office of the Prothonotary in the Domestic Relations Section, 30 East Court Street, Doylestown, Pennsylvania 18901.

800 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM

If you need help coping with emotional or psychological stress please call 1 (800) 364-7886. Lawyers Helping Lawyers Assistance Program is confidential, responsive, informal and available 24/7.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 801 802 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 SCHOLARLY ARTICLE

The Fair Debt Collection Practices Act: A Tenth Circuit Primer By Laurie A. Lucas and Alvin C. Harrell

hirty years ago, Congress enacted the federal Fair Debt Col- lection Practices Act (FDCPA or act) to regulate reported Tabuses in the consumer debt collection industry.1 The act has two related goals: protecting consumers from unscrupulous debt collection practices while providing a level playing field for ethical debt collectors.2 In 1986, the act was amended to specifically include lawyers collecting third-party debts.3 In Heintz v. Jenkins, the United States Supreme Court held that the act applies to attorney litigation activities directed at debt collection.4 This article is offered as a research tool for those subject to act’s requirements,5 focusing on the last 20 years of case law in the Tenth Cir- cuit United States Court of Appeals. Other key issues under the act not yet addressed by the Tenth Circuit also are included, as well as a discussion of recent legislative amendments. As reflected in these developments, the FRAMEWORK FOR FDCPA ACTIONS results of the FDCPA have been a mixed bag. The FDCPA regulates third-party “debt col- Although FDCPA-related complaints to the lectors”7 by prohibiting conduct while attempt- Federal Trade Commission (FTC) and FDCPA ing to collect a consumer “debt”8 that would litigation have increased in volume, the result- harass or abuse,9 deceive or mislead,10 or be ing movement toward a focus on technicalities considered unfair or unconscionable11 to the in the act may indicate that many of the serious consumer. The act also requires that the debt abuses originally targeted by the act have collector make certain disclosures to the con- become rarer. The trend, however, toward sumer regarding the debt and the verification more arcane analyses in resolving ordinary col- procedures for the alleged debt.12 Determining lection disputes puts at risk the ethical debt whether the act applies to any particular case collector, more than the unscrupulous opera- thus requires answering two predicate ques- tor. Moreover, these problems with the FDCPA tions: was the defendant a “debt collector” as appear to be percolating just as the United defined by the act, and was the alleged “debt” States economy is imposing unprecedented for consumer purposes. burdens on the debt collection system with In addition, standing to sue under the FDCPA respect to issues that affect millions of consum- does not require a finding of actual damages,13 ers and the solvency of major private and pub- since statutory damages also are allowed.14 lic institutions.6 Most courts have found that a FDCPA plaintiff

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 803 is entitled to recover only a single $1,000 stat- who had purchased accounting publications utory damage award and not $1,000 per viola- for business use, could not bring a FDCPA tion,15 in addition to actual damages and action against the law firm attempting to col- attorney’s fees. Obviously, the latter can be lect the debt because the debts were commer- sizeable, representing a major litigation risk cial in nature.27 The court rejected the plaintiff’s for the defendant. Equitable relief is not avail- argument that because she was also a “con- able to plaintiffs,16 and the act has a one-year sumer,” her debts as a sole proprietor were statute of limitations measured from the date covered by the act.28 In addition, courts have the plaintiff last had notice of any FDCPA vio- consistently held that child support payments 29 17 are not “debts” under the FDCPA. In Snow v. lations. Although the Tenth Circuit has not 30 yet ruled directly on the issue, most courts Riddle, the Tenth Circuit also held that an treat the FDCPA as a strict liability statute, extension of credit is not required for an obliga- allowing statutory damages and attorney’s tion to be a debt, and therefore a check constitutes a debt if it is otherwise for consumer fees for technical violations, even in the purposes.31 A recent case also found that absence of actual harm.18 attempts to secure replacement checks, after Venue requirements under the act require the original checks had been lost, was an the filing of actions in the “judicial district” attempt to collect a “debt” under the act.32 where the real property is located if the action Finally, a request for attorney’s fees in an oth- is against real property, or in other cases at the erwise properly filed state eviction action did location of the consumer’s residence at the not qualify as a debt under the act.33 Pursuing a time the action is filed, or where the contract judicial foreclosure action, however, does.34 19 was signed that created the alleged debt. The To qualify as a “debt collector” under the act, act also allows the debt collector to assert a the person or entity must have as its principal bona fide error defense, although the defense 20 purpose the collection of consumer debts or is narrow and has limited application. In must regularly collect or attempt to collect con- addition, the Tenth Circuit has held that “the sumer debts.35 As noted above, lawyers may FDCPA…is a remedial statute, [and as such] it qualify as “debt collectors” under the act. How should be construed liberally in favor of the 21 courts make this determination varies, with consumer.” Moreover, the standard in most some looking specifically at the volume of the of the circuits and apparently in the Tenth Cir- collection work a firm handles,36 while others cuit for evaluating many of the alleged viola- focus on the percentage of debt collection work tions under the act is the “least-sophisticated relative to the overall business of the firm,37 22 consumer” standard, a low threshold for a and still others look at the relationship between FDCPA plaintiff. the firm and the creditor.38 Thus, there is little FDCPA DEFINED TERMS consistency on this issue. What constitutes a “debt” under the act has The act also includes several exemptions to 39 been the subject of much litigation. In Ladick v. the definition. Tenth Circuit precedent on the Van Germert,23 the Tenth Circuit, determining issue has dealt primarily with whether those that condominium assessments are “debts” exemptions are applicable. For example, a under the FDCPA, adopted a two-part inquiry creditor attempting to collect a debt that it used in the Seventh Circuit U.S. Court of originated was not considered a debt collector because that activity is specifically exempted Appeals for determining whether an obliga- 40 tion qualified as a debt.24 Part one of the inquiry under the act. Another case held that a stu- evaluates whether the “obligation” emerged dent loan held by a guarantor was covered by from “a voluntary consumer transaction;” part the exemption for collections “incidental to a bona fide fiduciary obligation or a bona fide two evaluates whether the voluntary consumer 41 transaction was “primarily for personal, family, escrow arrangement,” because the defendant or household purposes,” because not every was a holder of loans purchased under the Federal Family Education Loan program, mak- voluntary transaction with a consumer will be 42 25 ing the holder a “fiduciary.” In Scoles v. Spell- primarily for those purposes. This test casts a 43 wide (but not unlimited) net. ings, the court held that the United States Secretary of Education was not a debt collector Reflecting this, the law in the Tenth Circuit because the act exempts “any officer or employ- on this issue is varied. In Beaton v. Reynolds, ee of the United States or any State to the extent Ridings, Vogt and Morgan,26 the court found that that collecting…any debt is in the performance the plaintiff, a self-employed public accountant of his official duties.”44

804 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 The Financial Services Relief Cases interpreting the prohibi- Act of 200645 (2006 amendments) tion against harassment or abuse added an exemption to the act’s are common. For example, a recent definition of “debt collector” for case held that it was not harass- private entities operating bad ment when a debt collector made check enforcement programs, if four phone calls attempting to col- the private entity “is subject to lect a debt over a seven-day peri- an administrative support ser- od.50 Nor was it harassment or vices contract with a State or abuse when that same debt collec- district attorney and operates tor elected not to leave a telephone under the direction, supervision, message when making those 46 and control of [same].” The calls.51 But the fact that this case applicability of this exemption went to trial (and resulted in a also depends on the type of reported decision) reflects how far checks being collected; the the FDCPA litigation has come amendment excludes six catego- 47 from the more egregious behavior ries. Private entities collecting that was cited as indicating the checks in a program exempted need for the act. Even the common under the 2006 amendments are use of automated calling devices by debt col- still required to include a validation notice in lectors has become an issue, since a debt collec- the initial communication with an “alleged offender,” but that notice is not the same as that tor who leaves a message may violate the act by indicating that the call is from a debt collec- required for other debt collectors under FDCPA 52 section 1692g.48 The requirements for the tor. Of course, not indicating that the call is exemptions under the 2006 amendments are from a debt collector also may violate the act’s technical and should be reviewed carefully by requirement that the debt collector disclose in those relying on them. Likewise, the consum- communications with the consumer that the er’s attorney should make sure that any debt debt collector is “attempting to collect a debt collector claiming an exemption is qualified for and that any information obtained will be used the exemption, has complied with the appro- for that purpose.”53 priate disclosure provisions, and is collecting a This disclosure requirement is frequently debt that is excluded from the otherwise appli- referred to as the act’s “mini-Miranda” require- cable FDCPA requirements. In Del Camp v. Ken- 49 ment; the disclosure is required in the “initial nedy, for example, a bad check collection case written [or initial oral] communication with initiated before the 2006 amendments were the consumer.”54 The requirement was amend- enacted, the Ninth Circuit U.S. Court of Appeals ed in 1996 to also require the disclosure in held that one of the nation’s largest debt collec- “subsequent communications” with the con- tion agencies involved in bad check diversion sumer.55 In the 2006 amendments, however, the programs was not entitled to sovereign immu- requirement was changed again, to exclude the nity in a California class action alleging, among other things, violations of the FDCPA. disclosure requirement from “formal legal pleadings made in connection with a legal PROHIBITED ACTIONS action.”56 In addition, the Tenth Circuit has As noted above, under the FDCPA debt col- held that the disclosure need not be included in lectors must refrain from engaging in abusive verbal communications to a consumer’s attor- collection practices. Care should be taken ney “when the matters required to be disclosed would be clear to an attorney from the com- since actions that violate one of the act’s pro- 57 hibitions are likely to form the basis for alleg- munication viewed in context.” Failure to ing a violation of another. Thus it is common include the required disclosure also violates for complaints to allege multiple FDCPA vio- the act’s prohibition against making false or lations, making it very difficult for the defen- misleading representations. dant to have confidence in the likelihood of Other common allegations involving the pro- prevailing on all issues. All it takes for the hibition against false or misleading representa- plaintiff to prevail, and recover statutory dam- tions include misrepresentations as to the cor- ages and attorney’s fees, is to win the argu- rect amount of the debt,58 falsely representing ment on one such issue. that an attorney is involved in the collection process59 and threatening to take an action that

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 805 is illegal or unintended.60 dispute the validity of the One case on this issue found debt; that the consumer that filing a lawful foreclo- A consumer also may may make a written request sure action was not a viola- requiring the debt collector tion of the act: there was no elect to send the debt collec- to furnish proof, or verifi- false representation, because cation, that the consumer the debt collector intended tor a cease-and-desist letter owes the debt; and that the to file and in fact had filed consumer may make a the action.61 Again, it is under section 1692c(c), written request for the instructive as regards the name and address of the evolution of the FDCPA that which is different from a creditor that originated the this seemingly self-evident debt if the current creditor proposition had to be liti- validation request. is not the same.67 gated all the way to the The consumer’s request Tenth Circuit. Another case for verification of the debt held that an attempt to col- must be in writing in order lect a time-barred debt was not a false repre- to be effective.68 The creditor’s validation notice sentation under the act, because the statute of also must be effectively conveyed to the con- limitations bars only judicial remedies related sumer and not merely included in the body of to the debt and the collection letter did not a collection letter or other initial communica- threaten litigation; the court distinguished tion. Validation notices that are contradicted or cases that did threaten such litigation as possi- overshadowed by other information in a col- bly constituting a violation.62 lection letter may violate the act.69 If the initial A debt collector also may violate the act by notice is in compliance, however, subsequent actions that are considered unfair or unconscio- communications that may overshadow the nable. For example, it is a violation to request a validation notice do not necessarily constitute payment not otherwise “authorized by the a violation.70 agreement creating the debt or permitted by The FDCPA requires the debt collector to law.”63 However, a request for attorney’s fees in cease communication with the consumer upon a foreclosure action when a flat-fee arrange- receiving the debtor’s written request for veri- ment had been made previously with the credi- fication, until the validation is provided.71 The tor was not considered an unfair practice, since 2006 amendments clarify though that (absent a the attorney’s fees were allowed under state validation request) the 30-day period in which law.64 Also, the repossession of a consumer’s car to request validation is not a grace period for with personal property inside, pursuant to an the debtor, and “collection activities and com- enforceable security interest, was not an unfair munications that do not otherwise violate” the practice violation because the act’s prohibition act may continue during the 30-day period so against taking any property in which there is no long as those activities do not “overshadow” or “present right to possession” was held to be create “inconsistencies” with the consumer’s inapplicable to “the incidental taking of per- validation rights.72 As noted, the 2006 amend- sonal property within the car at the time it was ments also expressly exclude “formal repossessed.”65 The vagueness of the act’s ter- pleading[s] in a civil action” from the defini- minology, together with its strict liability attri- tion of “initial communication,” negating the butes, means that such cases can go either way, need to include the validation disclosures in providing an incentive to attack customary and such pleadings.73 Three United States Courts of ordinary practices along with the abuses tar- Appeals have held that it is not a violation for geted by the act. the debt collector to elect not to verify the debt REQUIRED DISCLOSURES after receiving a consumer’s written verification request, if the debt collector instead stops One of the most litigated sections of the act is all collection attempts.74 the validation of debts section.66 In its initial communication with the consumer or within A consumer also may elect to send the debt five days thereafter, the debt collector must collector a cease-and-desist letter under section inform the consumer of the following: how 1692c(c), which is different from a validation much the consumer owes; who the creditor is request.75 One court held that a letter from the that claims the debt; how the consumer may consumer requesting the debt collector to

806 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 cease-and-desist collection efforts on “all Another current issue concerns the act’s bona accounts” did not extend the act’s prohibition fide error defense.87 The Tenth Circuit has held against continuing contact with a consumer as that in order to prevail under this affirmative to future debts, as section 1692c(c) only covers defense, the debt collector must prove that the the consumer’s current debts and not debts alleged violation of the act was “1) uninten- subsequently assigned to the debt collector.76 tional, 2) a bona fide error, and 3) made despite Similarly, continued contact with the consumer the maintenance of procedures reasonably after having knowledge that the consumer was adapted to avoid the error.”88 The court held represented by counsel could violate the act, that the “intent prong” of the defense requires but there is no violation if the contact was proving only “that the violation was uninten- made with respect to debts that were assigned tional, not that the underlying act itself was later, even with knowledge of the representa- unintentional.”89 The defense, therefore, “cov- tion regarding past debts.77 ers mistakes of law,”90 but only if the mistake was reasonable, an inquiry which “will often OTHER CURRENT ISSUES turn on the debt collector’s due diligence prac- 91 There are several other current issues that tices.” The Tenth Circuit noted that most bona merit discussion. One concerns the applica- fide error defenses assert clerical mistakes and tion of the Rooker-Feldman78 doctrine to FDCPA not mistakes of law, but concluded that the actions. A trend that had been emerging inquiry can be adapted to evaluate legal mis- 92 under FDCPA case law was to assert a defense takes. The key is whether the debt collector that a plaintiff’s FDCPA action was barred by “himself…[has] employed procedures to avoid the doctrine if the FDCPA action was based committing an error, and those procedures must have been reasonably adapted to avoid- on a state court judgment, because the doc- 93 trine does not permit federal court review of ing the core legal error that occurred.” The 79 Tenth Circuit ruling adds to a split in the Unit- a state court’s judgment. The United States 94 Supreme Court recently narrowed the scope ed States Courts of Appeals on this issue. of this doctrine,80 however, arguably negating Finally, another split in the circuits has many of the benefits to defendants asserting emerged over whether the individual owners it in this context. of a limited liability corporation engaged in debt collection can be treated as debt collectors For example, in Carvana v. MFG Financial under the act without piercing the corporate Inc.,81 Rooker- the district court found that the veil. In Brumbelow v. the Law Offices of Bennett Feldman doctrine did not apply to a FDCPA and Deloney, P.C.,95 the court confronted the action alleging improper venue in a related issue when a plaintiff filed a class action state court collection action because the state 82 against the law firm collecting the debt, and court action was not final. The Carvana court also the principal shareholders in the firm indi- also noted that the holding would be the same vidually, for attempting to collect amounts for even if the state court judgment was final a bad check not authorized under Utah law.96 because the FDCPA violation “did not arise The court noted the split in the circuits on this from the state court judgment, but instead issue,97 but also noted that another district arose from the practices Defendants employed court in Utah had found personal liability in collecting the underlying debt….and issues against a sole shareholder of a firm without no invitation to this court to overturn prior requiring the plaintiff to pierce the corporate state court judgments.”83 Similarly, in McCam- veil.98 The court noted, “There is no doubt that mon v. Bibler, Newman & Reynolds, P.A.,84 the in a generic sense a person who authors collec- court stated that the Rooker-Feldman doctrine tion letters, supervises collection activities, does not bar a FDCPA action based on illegal and is the sole attorney in a debt collection collection practices that were independent of firm is a ‘debt collector’ as defined by the the state court judgment.85 In sum, the Rooker- [plain language] of the FDCPA.”99 The court Feldman doctrine remains a viable affirmative acknowledged that the effect of this position defense to a FDCPA claim if the FDCPA claim could be to “abrogate the protections of the is based on or “inextricably intertwined” with corporate form for individuals engaged in a final state court judgment,86 but likely will fail debt collection through a corporation[.]”100 if the FDCPA claim is based on actions by the After lamenting the lack of guidance on this debt collector that were independent of the issue in the Tenth Circuit,101 the Brumbelow state court judgment. court distinguished and rejected the Seventh

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 807 Circuit’s position102 and held that the act’s Act,” 55 Kan. L. Rev. 61 (2006) (providing a case review and discussion 103 of the complexities of complying with the FDCPA); Alvin C. Harrell, “broad language” requires a holding that “Twenty More Ways to Avoid Liability under the Federal Fair Debt piercing the corporate veil is not required if Collection Practices Act,” 52 Consumer Fin. L. Q. Rep. 71 (1998) (discussing violations under the act and how to avoid them); Alvin C. there is sufficient personal involvement in the Harrell, “Twenty Ways to Avoid Liability Under the Federal Fair Debt debt collection activities of the firm.104 Collection Practices Act,” 50 Consumer Fin. L. Q. Rep. 109, 110, 85 (1996) (same). CONCLUSION 6. See, e.g., Donald C. Lampe, Fred H. Miller & Alvin C. Harrell, “Introduction to the 2008 Annual Survey of Consumer Financial Ser- Several basic points are apparent from this vices Law,” 63 Bus. Law. 561; Alvin C. Harrell, Commentary: “The Subprime Lending Crisis — the Perfect Credit Storm?,” 61 Consumer review of the FDCPA case law in the Tenth Fin. L.Q. Rep. 626 (2007). Circuit. Courts, in the common law tradition, 7. See 15 U.S.C. § 1692a(6) (defining “debt collector” as “any person who uses any instrumentality of interstate commerce or the mails in often have attempted to ameliorate the “rough any business the principal purpose of which is the collection of any edges” of the act by the use of common sense debts, or who regularly collects or attempts to collect, directly or indi- rectly, debts owed or due or asserted to be owed or due another.”). and traditional legal reasoning. But the FDCPA When this article uses the term “debt collector” it means a third-party is not a traditional statute. The act combines debt collector, as defined by the FDCPA, and not the original creditor collecting its own debt. But see 15 U.S.C. § 1692a(6) (“[T]he term [debt vague terminology, technical requirements, collector also] includes any creditor who, in the process of collecting his statutory damages, attorney’s fees and (in own debts, uses any name other than his own which would indicate most circuits) a low threshold for demonstrat- that a third person is collecting or attempting to collect such debts.”) (emphasis added). ing consumer confusion (the least-sophisti- 8. 15 U.S.C. § 1692a(5) (“The term “debt” means any obligation or cated consumer standard). This is a potent alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the combination for generating litigation over subject of the transaction are primarily for personal, family or house- ordinary business practices. As a result, a hold purposes, whether or not such obligation has been reduced to judgment.”) great deal of FDCPA litigation does not involve 9. See 15 U.S.C. § 1692d(1)-(6) (listing six violations considered to the more egregious violations originally tar- constitute harassment or abuse under the act, and also noting that the geted by the act. list is not exhaustive). 10. See 15 U.S.C. § 1692e(1)-(16) (listing 16 violations considered false or misleading under act, and also noting that the list is not It is hard to avoid the conclusion that the exhaustive). FDCPA has gone awry. The courts’ efforts to 11. See 15 U.S.C. § 1692f(1)-(8) (listing eight types of conduct considered a violation of this section, and also noting that the list is not navigate a middle ground often devolve into exhaustive). arcane legal analyses that bear little resem- 12. See 15 U.S.C. § 1692g(a)(1)-(5). blance to the act’s intended purposes. At a time 13. See Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208 (10th Cir. 2006) (holding same). An interesting bankruptcy issue was recent- when the nation is already facing a debt crisis, ly addressed by the Tenth Circuit: who has standing to bring an this creates damaging and unnecessary costs FDCPA action — the debtor or the bankruptcy trustee? See Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008) (reversing and remanding the and uncertainties for the financial markets, district court’s holding that FDCPA claims filed after a bankruptcy consumers, and the legal profession. It is time action belong to the bankruptcy trustee and not the debtor, because the Chapter 13 debtor, unlike a Chapter 7 debtor, retains ownership of his for Congress, the courts, regulators and the or her property and therefore also has ownership (standing to sue) of legal profession to face up to the problems that the FDCPA claim). One court held that the spouse of a deceased con- have been created in the name sumer had standing to sue because allegations of violations made by the debt collectors against her personally were of “fair” debt collection. included in the complaint. Burdett v. Harrah’s Kansas Casino Corp., 260 F.Supp. 2d 1109 (D. 1. Federal Fair Debt Collection Practices Kan. 2003). But see McDaniel v. South Assocs., Act, 15 U.S.C. §§ 1692-1692p (as amended P.C., 325 F.Supp. 2d 1210 (D. Kan. 2004) (the 2006). plaintiff was never an obligor on the note that 2. 15 U.S.C. § 1692(e). was the subject of the claim, so a FDCPA action 3. See Alvin C. Harrell & Laurie A. Lucas, was not available since the plaintiff not a “con- “Attorneys and the Fair Debt Collection Prac- sumer” under the act). The act defines “con- tices Act,” 60 Okla. B.J. 2597 (1989). Debt sumer” as “any natural person obligated or collectors also may be vicariously liable for allegedly obligated to pay any debt.” 15 U.S.C. the acts of their attorneys in the debt collec- § 1692A(3). See also Bitah v. Global Collection tion process. See Ditty v. Checkrite, 973 F.Supp. Servs., 968 F.Supp. 618, 621 (D. N.M. 1997) 1320, 1335 (D. Utah 1997). (consumers include “not only the actual debt- 4. 514 U.S. 291 (1995). This is the only ors, but their spouses, parents (minors), guard- United States Supreme Court opinion on the ians, executors, and administrators.”) (cita- FDCPA. tions omitted). 5. For more background on the evolution 14. 15 U.S.C. §§ 1692k(a)(1)-(2)(A) (allow- of the FDCPA, see Bruce N. Menkes & Anna- ing actual and statutory damages up to $1,000 Katrina S. Christakis, “The FDCPA Takes a and also damages for class actions set at “the New Direction: Federal Review of State Court lesser of $500,000 or 1 per centum of the net Litigation Practices,” 63 Bus. Law. 717 (2008) worth of the debt collector.”). See also Harris v. (examining the relation between state and Anderson, Crenshaw & Assocs., LLC, No. 07-CV- federal debt collection laws and also the bona 01328, 2008 U.S. Dist. LEXIS 30145, *10-12 (D. fide error defense under the act); Elwin Colo. Apr. 14, 2008) (offer to settle claim for Griffith, “The Challenge of Communicating $1001, which was rejected, did not moot the with the Consumer and Validating the Debt action as the plaintiff also alleged actual dam- Under the Fair Debt Collection Practices ages, so the defendant’s offer “was not an offer of complete relief.”) (citations omitted).

808 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 15. See e.g., Wright v. Fin. Servs. Inc., 22 F. 3d 647 (6th Cir. 1994); 33. 278 F.Supp. 2d 1202 (D. Colo. 2003) (a legal action to evict a Harper v. Better Bus. Servs. Inc., 961 F.2d 1561 (11th Cir. 1992). The Tenth tenant is not a transaction for a consumer purpose and therefore is not Circuit has not specifically ruled on this issue, although a recent hold- a “debt” under the act). ing noted that the act “permits the recovery of statutory damages up to 34. McDaniel v. South & Assocs., P.C, 325 F.Supp. 2d 1210 (D. Kan. $1,000” implying that it would rule in accord with the other circuits. 2004) (citing Heintz v. Jenkins, 514 U.S. 291 (1995)) (court rejected argu- Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208, 1212 (10th Cir. ment that action was an enforcement of interest in property through a 2006) (emphasis added). See also Whayne v. U.S. Dep’t of Educ., 915 deed of trust and not debt collection because a state court foreclosure F.Supp. 1143, 1145 (D. Kan. 1996) (“[P]laintiff’s damages under the action had been filed). FDCPA are limited to actual damages…plus statutory damages not 35. See supra note 7. exceeding $1,000.”) (emphasis added). 36. See Cacace v. Lucas, 775 F.Supp. 502 (D. Conn. 1990) (attorney was 16. Zsamba v. Cmty. Bank, 56 F.Supp. 2d 1207 (D. Kan. 1999) (the a debt collector because the volume of debt collection cases was high). court denied an injunction to stop the sale of “Spy Guy,” a horse 37. See Von Schmidt v. Kratter, 9 F.Supp. 2d 100 (D. Conn. 1997) (court offered as collateral on a farm debt). See also Ditty v. Checkrite, Ltd., 973 considered percentage of debt collection work by the attorneys). F.Supp. 1320 (D. Utah 1997) (equitable relief not available). 38. See Stojanovski v. Strobl & Manoogian, 783 F.Supp. 318 (E.D. 17. 15 U.S.C. § 1692k(d). See Johnson v. Riddle, 305 F.3d 1107, 1114 Mich. 1992) (the on-going relationship between the law firm and the (10th Cir. 2002) (“a suit filed on the one-year anniversary of accrual of creditor indicated that debt collection was “regular”). the claim is filed “within” one year[.]” This opinion also includes dis- 39. 15 U.S.C. § 1692a(6)A-F. The 2006 amendments also expanded cussion of the federal procedural requirements.); Billsie v. Brooksbank, the exemptions in another section. See 15 U.S.C. § 1692p (exemption for 525 F.Supp. 2d 1290, 1294 (D. N.M. 2007) (“[C]ourts measure from the bad check enforcement programs). See also infra notes 45-49 and accom- date the plaintiff gained notice of the last alleged violation.”); Campos panying text. v. Brooksbank, 120 F.Supp. 2d 1271 (D. N.M. 2000) (the statute of limita- 40. Zsamba v. Cmty Bank, 63 F. Supp. 2d 1294 (D. Kan. 1999) (Act’s tions did not bar an action brought for violations made during the § 1692a(6)F(ii) exemption applied because the bank was attempting to course of litigation because the violations were within the one-year collect a debt it had originated). See also Smith v. Argent Mortgage Co., limit, even though the FDCPA litigation was initiated outside the L.L.C., 447 F.Supp. 2d 1194, 1199-1200 (D. Colo. 2006). statutory time limit). See also Mitchell v. Surety Acceptance Corp., 838 41. 15 U.S.C. § 1692a(6)(F)(i). F.Supp. 497 (D. Colo. 1993) (amended pleading stating a claim that 42. Davis v. United Student Aid Funds Inc., 45 F.Supp. 2d 1104 (D. arose from conduct that was the subject of an original complaint was Kan. 1998). not barred by act’s statute of limitations). 43. 2008 U.S. Dist. LEXIS 28545 (W.D. Okla. Apr. 8, 2008). 18. 15 U.S.C. § 1692k(a). See also Billsie v. Brooksbank, 525 F.Supp. 2d 44. Id. at *6 (citing 15 U.S.C. § 1692a(6)(C)). 1290, 1293 (D.N.M. 2007) (“[C]ourts generally treat the FDCPA as a 45. Pub. L. No. 109-351, 120 Stat. 2006 (codified at 15 U.S.C. § strict liability statute.”) (citations omitted). 1692p). 19. 15 U.S.C. § 1692i. See Martinez v. Albuquerque Collection Servs. 46. 15 U.S.C. § 1692p(a)(B). Inc., 867 F.Supp. 1495 (D. N.M. 1994) (proper venue is debtor’s place of 47. 15 U.S.C. § 1692p(b)(1)-(6). residence if contract creating the debt was oral; debt collector vicari- 48. 15 U.S.C. § 1692p(a)(2)(C). ously liable for its attorney’s improper venue selection). 49. 517 F.3d 1070 (9th Cir. 2008). See also Rosario v. Am. Corrective 20. See 15 U.S.C. § 1692k(c) (“A debt collector may not be held lia- Counseling Servs., Inc., 506 F.3d 1039 (11th Cir. 2007) (denying sovereign ble…if debt collector shows by a preponderance of the evidence that immunity to debt collector in similar case). the violation was not intentional and resulted from a bona fide error 50. Udell v. Kansas Counselors Inc., 313 F.Supp. 2d 1135 (D. Kan. notwithstanding the maintenance of procedures reasonably adapted to 2004). See 15 U.S.C. § 1692d(5) (prohibits certain telephone activity). avoid any such error.”). 51. Udell, 313 F. Supp. at 1143-44. See 15 U.S.C. § 1692d(6) (requires 21. Johnson v. Riddle, 305 F.3d 1107, 1117 (10th Cir. 2002) (citations “meaningful disclosure of caller’s identity”). omitted). 52. See 15 U.S.C. § 1692c(b) (restrictions on communications with 22. The Tenth Circuit has not ruled directly on this issue in a pub- third parties about collection activities). lished opinion; however, the district courts have applied the least- 53. See 15 U.S.C. § 1692e(11). See Foti v. NCO Fin., 424 F.Supp. 2d 643 sophisticated consumer standard. See Ferree v. Marianas, No. 97-6061, (S.D. N.Y. 2006) (caller’s message requesting call back about “business 1997 U.S. App. LEXIS 30361 (10th Cir. Nov. 3, 1997); Billsie v. Brooks- matter” violated the act); Hosseinzadeh v. M.R.S. Assocs, Inc., 387 F. bank, 525 F.Supp. 2d 1290 (D. N.M. 2007); Kvassay v. Hasty, 236 F.Supp. Supp. 2d 1104 (D. Cal. 2006) (caller’s message requesting a call back 2d 1240 (D. Kan. 2002); Shorty v. Capital One Bank, 90 F.Supp. 2d 1330 about “important information” violated the act). Cf. Biggs v. Credit Col- (D. N.M 2000); O’Conner v. Check Rite, LTD., 973 F.Supp. 1010 (D. Colo. lections, No. CIV-07-0053-F, 2007 U.S. Dist. LEXIS 84793, at *9 and *12- 1997); Martinez v. Albuquerque Collection Servs. Inc., 867 F.Supp. 1495 (D. 13 (W.D. Okla. Nov. 15, 2007) (no violation when the consumer called N.M. 1994). See also Johnson v. Statewide Collection, 778 P.2d 93 (Wyo. the debt collector and the debt collector failed to make the disclosure) 1989) (applying the least-sophisticated consumer standard in a state (unpublished opinion). court proceeding). 54. 15 U.S.C. § 1692e(11). 23. 146 F.3d 1205 (10th Cir. 1998), cert. denied, 525 U.S. 1002 (1998). 55. Consumer Credit Protection Act, Pub. L. No. 104-208, 110 Stat. 24. Id. at 1206-07 (citing Newman v. Boehm, Pearlstein & Bright, Ltd., 3009 (prior to the 2006 amendments). 119 F.3d 477 (7th Cir. 1997)). There may be limited precedential value 56. Financial Services Relief Act of 2006, Pub. L. No. 109-351, 120 to this holding, as the Tenth Circuit has not had the occasion to use the Stat. 2006. framework in any subsequent ruling, but it provides a useful heuristic 57. Dikeman v. Nat’l Educators Inc., 81 F. 3d 949, 951 (10th Cir. 1996), for evaluating whether a debt may be subject to the act. cited with approval in, Evory v. RJM Acquisitions Funding, L.L.C., 505 F.3d 25. See, e.g., Berman v. GC Servs. Ltd. P’ship, 146 F.3d 482, 486 (7th 769, 774 (7th Cir. 2007) (“[T]he “unsophisticated consumer” [the stan- Cir. 1998) (finding that while a debt for unemployment insurance arose dard used in the Seventh and the Eighth Circuits] standpoint is inap- from a voluntary consumer transaction, it was not a debt under the propriate for judging communications with lawyers…[.]”). See also, FDCPA). Guerrero v. RJM Acquisitions, L.L.C., 499 F.3d 926 (9th Cir. 2007) (same) 26. 986 F.Supp. 1360 (W.D. Okla. 1998). (Fletcher, J., dissenting). But cf. Sayyed v. Wolpoff & Abramson, 485 F.3d 27. Id. at 1362. 226 (4th Cir.) (The act applies to communications with a consumer’s 28. Id. See also Zsamba v. Cmty Bank, 63 F.Supp. 2d 1294 (D. Kan. 1999) lawyer). (loan was primarily used to purchase a farm truck and other business 58. 15 U.S.C. § 1692e(2)(A). See, e.g., Ditty v. Checkrite, 973 F.Supp. expenses, and therefore was not a consumer debt under the act). 1320, 1329 (statement in a letter requesting amounts in exchange for 29. See Brown v. Child Support Advocates, 878 F.Supp. 1451 (D. Utah 1994). “Legal Consideration for Covenant Not to Sue” would mislead the 30. 143 F.3d 1350 (10th Cir. 1998). least-sophisticated consumer). Cf. O’Connor v. Check Rite, LTD., 973 F. 31. This holding is in accord with most of the federal circuits. See, Supp. 1010, 1016 (D. Colo. 1997) (offer to settle made in a letter would e.g., Duffy v. Landberg, 133 F.3d 1120 (8th Cir. 1998), cert. denied, 525 U.S. not deceive the least-sophisticated consumer that a legal action had 821 (1998) (dishonored checks are “debts” under the act — an exten- been filed). sion of credit is not required); Bass v. Stolper, Koritzinsky, Brewster & 59. 15 U.S.C. § 1692e(3). See Bitah v. Global Collection Servs. Inc., 968 Neider, S.C., 111 F.3d 1322 (7th Cir. 1997); Ryan v. Wexler, 113 F.3d 91 (7th F.Supp. 618 (D. N.M. 1997) (attorney who sends out collection letters Cir. 1997), cert. denied, 522 U.S. 914 (1997); Charles v. Lundgren & Assoc., on his or her letterhead without any meaningful involvement violates 119 F.3d 739 (9th Cir. 1997), cert. denied, 522 U.S. 1028 (1997); Brown v. the act). Budget Rent-A-Car Sys., Inc., 119 F. 3d 922 (11th Cir. 1997). Under the 60. 15 U.S.C. § 1692e(5). See, e.g., O’Connor v. Check Rite, LTD., 973 UCC, a check creates an obligation to pay (and therefore a “debt”), F.Supp. 1010, 1017-18 (D. Colo. 1997) (letter sent by an attorney not even if not issued in a credit transaction. See UCC § 3-414. licensed in the state where the consumer resided was not threatening 32. Kvassay v. Hasty, 236 F.Supp. 2d 1240 (D. Kan. 2002). an action that could not be taken); Russey v. Rankin, 911 F.Supp. 1449

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 809 (D. N.M. 1995) (debt collector filing litigation in its own name on debts 89. Johnson, 443 F.3d at 728; Caputo v. Prof’l Recovery Servs. Inc., 261 taken in a contingency fee arrangement violated New Mexico law and F.Supp. 2d 1249 (D. Kan. 2003) (same). therefore the FDCPA); Kolker v. Duke City Collection Agency, 750 F.Supp. 90. Johnson, 443 F.3d at 728 (citations omitted). 468 (D. N.M. 1990) (same). 91. Id. at 729. 61. Cook v. Chase Manhattan Mortgage Co., 509 F.Supp. 2d 986 (D. 92. Id. Utah 2007), aff’d, Cook v. Chase Manhattan Mortgage Co., No. 07-4089, 93. Id. at 730. See also McDaniel v. South & Assoc., P.C., 325 F.Supp. 2007 US. App. LEXIS 27575 (10th Cir. Nov. 29, 2007) (unpublished 2d 1210, 1219 (D. Kan. 2004) (whether debt collectors entitled to a opinion). defense in a case of clerical error is a fact question for a jury). 62. Shorty v. Capital One Bank, 90 F.Supp. 2d 1330 (D. N.M. 2000). 94. The Second, Eighth and Ninth Circuit Courts of Appeals have 63. 15 U.S.C. § 1692f(l). See Ditty v. Checkrite, 973 F.Supp. 1320, 1328 held that mistakes of law are not covered by the bona fide error (D. Utah 1997) (letter requesting payment of debt and additional defense. See Pipiles v. Credit Bureau of Lockport Inc., 886 F.2d 22 (2d Cir. amounts in exchange for a “Covenant not to Sue” violated Utah law 1989); Picht v. Jon R. Hawks, Ltd., 236 F.3d 445 (8th Cir. 2001); Baker v. and therefore the FDCPA). This may also violate 15 U.S.C. § 1692e(2)(A). G.C. Servs. Corp., 677 F.2d 775 (9th Cir. 1982). The Seventh Circuit has See supra note 59 and accompanying text. ruled in accord with the Tenth. See Nielsen v. Dickerson, 307 F.3d 623 (7th 64. Robey v. Shapiro, Marianos & Cejda, L.L.C., 434 F.3d 1208 (10th Cir. 2002). Cir. 2006). 95. 372 F. Supp. 2d 615 (D. Utah 2005). 65. Larranaga v. Mile High Collection & Recovery Bureau Inc., 807 96. Id. at 616. F.Supp. 111, 112-13 (D. N.M. 1992). See 15 U.S.C. § 1692f(6)(A). 97. Id. at 618 (citing White v. Goodman, 200 F.3d 1016 (7th Cir. 2000) 66. See Jerry D. Brown, “Painting a Mustache on the Mona Lisa — (piercing the corporate veil required before there can be personal liabil- How Tinkering with the Validation Notice Will Get You Every Time,” ity)); Pettit v. Retrieval Masters Creditors Bureau Inc., 211 F.3d 1057 (7th 53 Consumer Fin. L.Q. Rep. 42 (1999) (analyzing such cases). Cir. 2000) (same). 67. 15 U.S.C. §§ 1692g(A)(1)-(5). 98. Id. See Ditty v. Checkrite, Ltd. Inc., 973 F.Supp. 1320 (D. Utah 68. Smith v. Argent Mortgage Co., L.L.C., 447 F.Supp. 2d (D. Colo. 1997). 2006) (citing to the plain language of the act, 15 U.S.C. § 1692g(b)); 99. Brumbelow, 372 F. Supp. at 618. O’Connor v. Check Rite, LTD., 973 F.Supp. 1010 (D. Colo. 1997) (contin- 100. Id. at 619. ued collection efforts after a verbal request for verification are not a 101. Id. at 621. (“[I]f only the Tenth Circuit had given me some violation). guidance on this issue! But after having carefully considered the argu- 69. See O’Connor, 973 F.Supp. at 1015 (letter with validation notice ments, I must spurn Judge Posner in favor of my own colleague.”). on the reverse side but with a clear reference to the notice on the front 102. Id. at 621-22 (citations omitted). of the letter was not a violation). 103. Id. at 621. 70. Ditty v. Checkrite, LTD., 973 F.Supp. 1320 (D. Utah 1997). 104. Id. at 622. Question of whether two shareholders were “debt col- 71. McDaniel v. South & Assocs., P.C., 325 F.Supp. 2d 1210 (D. Kan. lectors” was not resolved but motion for summary judgment was denied. 2004) (failure to cease collection activity violated the grace period after This case was recently followed by the Sixth Circuit in Kistner v. The Law request for validation made). But cf. infra note 73 and accompanying Offices of Michael P. Margelefsky, L.L.C., 518 F.3d 433 (6th Cir. 2008). text (30-day period is not a grace period). 72. 15 U.S.C. § 1692g(b) (as amended). 73. 15 U.S.C. § 1692g(d). See supra note 57 and accompanying text. 74. See Wilhelm v. Credico Inc., 519 F.3d 416 (8th Cir. 2008); Jang v. About The AuthorS A.M. Miller & Assocs., 122 F.3d 380 (7th Cir. 1997); Smith v. Transworld Sys. Inc., 953 F.2d 1025 (6th Cir. 1992). 75. See 15 U.S.C. § 1692c(c) (ceasing communication section). Laurie A. Lucas is an assistant 76. Udell v. Kansas Counselors Inc., 313 F.Supp. 2d 1135 (D. Kan. professor of legal studies at Okla- 2004) (the court relied on the plain language in the FDCPA and FTC informal staff opinions and the argument that “all accounts” did not homa State University in Still- necessarily indicate that future debts were included in the cease and water. Prior to joining the OSU desist request). faculty, she was an associate pro- 77. Id. at 144 (citations omitted). 78. See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); District of fessor at Arkansas Tech Univer- Columbia Court of Appeals v. Feldman, 460 U.S. 462, 483 (1983). See gener- sity, where she received the 2005- ally Eugene J. Kelley Jr., John L. Ropiequet & E. Jason Tremblay, “The 06 Faculty Excellence Award for Rooker — Feldman Doctrine: An Analysis of Its Application in Today’s Legal Environment,” 61 Consumer Fin. L.Q. Rep. 559 (2007). Research. Professor Lucas’s 79. See Bruce N Menkes & Anna-Katrina S. Christakis, “Federal research focuses on consumer and State Fair Debt Collection Practices Law Developments,” 62 Bus. Law. 723, 725-27 (2007) (discussing the strategic value of the Rooker- finance law and business ethics, and she is a member of Feldman doctrine to debt collectors). the American and Oklahoma Bar Associations. She 80. Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280, graduated from the OU College of Law in 1988. 284 (2005) (“The Rooker-Feldman doctrine…is confined to…cases brought by state-court losers complaining of injuries caused by state- court judgments rendered before the district court proceedings com- Alvin C. Harrell is a professor menced and inviting district court review and rejection of those judg- of law at OCU School of Law ments.”). and president of the Home Sav- 81. 547 F.Supp.2d 1219 (D. Utah 2008), vacated, in part, on other grounds, Caravan v. MFG Fin. Inc., No. 2:07-CV-00128, 2008 U.S. Dist. ings and Loan Association of LEXIS 46993 (D. Utah, June 17, 2008). Oklahoma City. He is a co- 82. Id. at 1224 (citing Guttman v. Khalsa, 446 F.3d 1027 (10th Cir. author of a dozen books, includ- 2006). 83. Id. ing “The Law of Modern Pay- 84. 493 F.Supp. 2d 1166 (D. Kan. 2007). See also, McCammon v. Bibler, ment Systems and Notes” (with Newman & Reynolds, P.A., 515 F.Supp. 2d 1220, 1230 (D. Kan. 2007). 85. McCammon, 493 F. Supp. 2d at 1170. Professor Fred H. Miller). Profes- 86. See Johnson v. Riddle, 305 F.3d 1107, 1116 (10th Cir. 2002) (“Rook- sor Harrell chairs the UCC Leg- er-Feldman does not apply to non-parties” and therefore would not islative Review Subcommittee of the Oklahoma Bar cover “state court default judgments.”). 87. See supra note 20. Association. He also chairs an ABA UCC Commit- 88. Johnson v. Riddle, 443 F.3d 72, 727-28 (10th Cir. 2006). See also tee Task Force on State Certificate of Title Laws, and McDaniel v. South & Assocs., P.C., 325 F.Supp. 2d 1210 (D. Kan. 2004) was the Reporter for UCOTA. (whether the bona fide error defense is available is a fact question for a jury).

810 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Volume 78 u No. 35 u Dec. 22, 2007

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Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 811 812 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 SCHOLARLY ARTICLE

Maybe We Should Just Do Away with Juvenile Court By Lawrence L. Langley

ith juvenile delinquency court, that is. We have a separate court system for young people who are accused of Wcommitting crimes, but it seems a legitimate question to ask is whether a separate system is necessary. Having a separate docket creates extra work for court clerks, judges, prosecutors, defense attorneys — pretty much anybody who has to deal with law violators, while the benefit to the juvenile law breaker appears minimal. Perhaps all parties could be served best by having a single criminal system.

The official theory behind having a separate proof that at the time of committing the act court for child criminals makes sense. They do or neglect charged against them, they knew what they do because they don’t really under- its wrongfulness. . . . stand the consequences of their actions or have So all persons from 14 on up who broke the the maturity to make rational decisions, so let’s law were subjected to a single criminal process, take them by the hand and help them grow up regardless of age. And the children from seven to be law abiding citizens. Of course, the offi- to 14 were subjected to the same criminal pro- cial theory really has very little to do with how cess if the court found the presumption of inca- juvenile courts actually came into being . . . pacity had been rebutted. HISTORICAL REVIEW1 The first “juvenile court” in the U.S. was cre- At the time of statehood, criminals were ated in Chicago in 1899. Social activists of the criminals, period, the end. Oklahoma sub- time perceived that children accused of crimes scribed to the traditional common law view of were being treated either too harshly or too criminal capacity — that children under seven leniently, depending on one’s point of view. years of age were not capable of committing Children who were incarcerated were treated crimes, and from seven to 14, there was a badly. The jails were unsanitary and crowded, rebuttable presumption that they were not and the child criminals were not separated capable. This view is preserved in 21 O.S. 152: from the adult criminals, so the children were abused and/or taught how to be proper All persons are capable of committing criminals. crimes, except those belonging to the following classes: And because conditions in the jails were so bad, courts were loath to jail children unless 1. Children under the age of seven years. they had done something truly serious. But 2. Children over the age of seven years, but there were no alternative treatments or services, under the age of 14 years, in the absence of so a child who did not get put in jail had noth-

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 813 ing happen to him or her at all. What the social breaking the law had to be given the same pro- reformers wanted was a separate place for chil- cedural protections given to adults. They might dren to go where they could be (depending on not be going to prison, but they were still being one’s point of view) taught traditional values locked up, and anyone who is being deprived and molded into productive citizens, protected of their freedom is entitled to due process of from adult criminals or simply controlled. law, said the court. Over time, the court ruled that juveniles were entitled to: The first step taken by reformers had been the “House of Refuge.” In 1825, the city of New In certification hearings, representation York City created a separate correctional institu- by counsel, a meaningful hearing and tion for children. A court hearing was not access to the materials considered by the required, and a child could be placed there by a court in making a decision — Kent v. constable or by a parent. There was no determi- United States, 383 U.S. 541, 16 L.Ed.2d 84, nate sentence — once committed, a child stayed 86 S.Ct. 1045 (1966). until someone thought they were ready to be In juvenile adjudications, representation released or until they came of age at 18 (for by counsel, notice of the charge, confron- boys) or 21 (for girls). Although the idea was tation and cross-examination of witnesses, attractive and spread rapidly to other cities, protection against self-incrimination and conditions in the Houses of Refuge were no appellate review — In re Gault, 387 U.S. 1, improvement over conditions in the jails. The 18 L.Ed.2d 527, 87 S.Ct. 1428 (1967); and focus was on security and control, not educa- proof beyond a reasonable doubt — In re tion, and the institutions were run like adult Winship, 397 U.S. 358, 25 L.Ed.2d 368, 90 jails. They were just as unclean as the jails and S.Ct. 1068 (1970). the discipline was exceedingly strict. The children were used for forced labor, with the profits The Supreme Court declined to insist upon going to the maintenance of the institutions. jury trials in delinquency cases — McKeiver v. Pennsylvania, 403 U.S. 528, 29 L.Ed.2d 647, 91 And then came People v. Turner (IL 1870), in S.Ct. 1976 (1971) — but in Oklahoma, the state which the Illinois Supreme Court ruled that a Legislature has added that to the list of proce- child who was placed in the Chicago House of dural protections. 10 O.S. 7303-4.1. Refuge was being punished, not helped, and was entitled to the due process protections of THE CURRENT SITUATION criminal law. This ruling brought children At the present time, there is little difference back into the adult courts, where, again, the between the prosecution of a criminal case and courts did not like to incarcerate them. So the prosecution of a delinquency case. The ter- reformers in Chicago conceived of a special minology of a juvenile court proceeding, where court just for children, with a separate judge, a child is accused of violating the law, is differ- a separate courtroom and separate records; ent from that of a district court criminal proceed- and with the focus to be on the best interests ing, where a grown-up is accused of violating of the children. And the first “juvenile court” the law, but the steps are basically the same: was instituted. Instead of: Say: In the beginning, informality was the watch- Arrest Warrant Detention Order word. The “children’s courts” were not crimi- Jail Detention nal courts and they were designed to help Information Petition children, not punish them, so there was no per- Trial Adjudicatory Hearing ceived need for the procedural formality of the Plea of Guilty or criminal courts. Proceedings were conducted No contest Stipulation in a relaxed atmosphere and judges had wide Plea Bargaining Plea Bargaining discretion to do just about anything they want- Conviction Adjudication ed to do. After all, they were acting under the Sentencing Disposition doctrine of parens patriae, so it seemed reason- Department of able for them to be able to do all the things Corrections Office of Juvenile Affairs parents could do, and with the same freedom. And the purpose of a delinquency proceeding But with the passage of time, the U.S. Supreme is basically the same as that of a criminal pro- Court began to take up juvenile cases, and their ceeding. The statute (10 O.S. 7301-1.2) nods to rulings made clear that juveniles accused of rehabilitation and to the personal and social

814 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 growth of children and so on, but it starts out 7303-4.3, the state can ask the court to deter- like this: mine that a juvenile accused of an act that would be a felony if an adult had done it The purpose of the laws relating to juveniles should be prosecuted as an adult. The court alleged or adjudicated to be delinquent is to then holds a special hearing prior to the adju- promote the public safety and reduce juve- dicatory hearing and decides how the accused nile delinquency. 10 O.S. 7301-1.2. shall be treated — as a child or as an adult. And isn’t that what criminal law is pretty In either situation — deciding whether to much all about — to promote public safety and move a person from the juvenile court to the reduce crime? adult court, or from the Another issue that comes adult court to the juvenile up with juveniles is when a court — the court is required minor is accused of some- to consider the same fac- thing so bad we want to …once committed, a tors: the seriousness of the treat him or her like an offense, whether the offense adult. There are several child stayed until someone was a property crime or a ways we deal with that crime against a person, the type of situation. For some thought they were ready to maturity level of the crimes, the Legislature has accused, the accused’s pre- made that determination be released or until they vious history, the prospects for us. Under the Youthful for the adequate protection Offender Act (10 O.S. 7306- came of age at 18 (for boys) of the public, the likelihood 2.1 et seq.), there are many of rehabilitation in the juve- crimes for which a minor is or 21 (for girls). nile system, and whether treated as an adult and the the accused was an escapee burden is put upon the from an institution at the child to persuade the court time of the offense.3 that he or she should be THE PRACTICAL treated as a juvenile. In 10 REALITIES O.S. 7306-2.5, any person 13 years of age or older Of all the arguments made who is accused of first for having a separate adju- degree murder is treated dication process for juve- the same way as an adult is niles, none is compelling. treated. A 13 or 14-year-old Labeling can ask the adult court to transfer them to the juve- It is said that if the public nile court, but an older knew a child had been ac- child, 15 through 17, is not cused of a crime, then the even given that option: child would be treated differ- They are adults, period. ently by the public. Then the child would react differently In 10 O.S. 7306-2.6, there to the public, and the result are two lists of crimes — one would be a downward spiral for persons 15 or older and of self-fulfilling prophecy — one for persons 16 or older the child labeled as a crimi- — for which juveniles are to 2 nal becomes one. And the be treated as adults. The way to prevent labeling is said to be confidenti- youthful defendant has the option of asking to ality: If the public does not know a child has be treated as a juvenile, and if such a motion is broken the law, then the public will not label the filed, the court holds a special hearing prior to child and the child will not react, etc. the adult preliminary examination and decides how the accused shall be treated — as an adult The first problem with this idea is that or as a child. the people who matter to the juvenile — his or her family and peer group — do know what And for a felony charge not on any of the has happened, and will the reactions of those lists, there is still certification. Under 10 O.S.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 815 persons not be the ones with the greatest whatever is seen as appropriate under the cir- impact on the child? cumstances of the case. Sometimes, after a The second issue with labeling is that as time stipulation or finding of guilt, the court will has gone by, the Oklahoma Legislature has defer adjudicating a juvenile as delinquent for a approved more and more publicity of delin- period of time, again with certain rules of pro- quent behavior. Of course, every felony file is bation. There are various programs available to public record, regardless of the age of the the court for first offenders, drug issues, etc. accused. So if the defendant is a juvenile who But diversion is not unique to juvenile pro- has been certified as an adult, or a juvenile who ceedings, it is also common in adult criminal is charged as an adult under the statutory proceedings. Deferred prosecution agreements scheme, then his or her name is published and allow a prosecutor to place an accused on pro- the whole community knows about it. And bation without the filing of information and to while the Legislature has provided generally impose rules of conduct. (22 O.S. 305.1 et seq.) that juvenile records are to be kept confiden- Deferred judgments allow the court to place an tial, there is a list of exceptions: if a juvenile has accused on probation without a finding of already been adjudicated delinquent, then a guilt or conviction after a plea or verdict has second accusation is not confidential; if an been entered and to impose rules of conduct. accusation is a felony offense against a person (22 O.S. 991c.) A recent issue of the Oklahoma or a felony offense with a dangerous weapon, Bar Journal was devoted to various diversion then the accusation is not confidential; if an programs as alternatives to incarceration, pro- accusation would be a felony if an adult did it, grams such as Drug Courts, Mental Health then the arrest record is not confidential, Courts and Community Sentencing. (Vol. 78, regardless of the outcome of the case. Also, No. 30, Nov. 3, 2007.) traffic, wildlife, boating, city court records and Treatment tobacco related charges are not confidential.4 So we have a situation where a relatively This term has to do with the question of what small number of in-between incidents are con- to do with a juvenile if he or she is adjudicated fidential, while the really serious stuff — delinquent. This issue, of course, has nothing which is guaranteed to catch the public eye to do with what adjudicative procedure should — and the minor stuff — which is the great be used to get to that point. majority of incidents — are public record. The Procedural Issues Legislature is clearly more concerned with the protection of the public than with any issue of There are no separate procedural issues. An labeling of the child. accused in juvenile court in Oklahoma is given the same procedural protections as an As another aspect of confidentiality, delin- accused in adult court. And plea bargaining is quency trials are closed hearings. Except that conducted in juvenile court just as it is in “all persons having a direct interest in the case” adult court. are allowed to attend. 10 O.S. 7303-4.2(A)(1). This includes the victim, who has the right to be HOW IT COULD WORK present or to designate someone to be present Every person accused of breaking the law for them. Also, hearings related to a second or could be charged by information. Pleas, plea subsequent delinquency proceeding against a bargains and trials would be conducted the way juvenile are public proceedings. 10 O.S. 7303- they are now. If there is a finding of guilt for a 4.2(A)(2). Again, the Legislature is clearly more youthful defendant, then the full spectrum of concerned with the protection of the public than available programs can be considered by the with any issue of labeling of the child. district court: all the post-adjudication programs Diversion that are now available to the juvenile court for delinquents and all the post-convictions pro- The term “diversion” in this context refers to grams used with adults, depending on what is anything that is done with a juvenile short of appropriate for a particular defendant. filing a court proceeding. In deferred prosecution agreements, the state agrees not to file a The Legislature has already pointed the way juvenile proceeding and the juvenile agrees to with the Youthful Offender Act (10 O.S. 7306- comply with certain requirements — restitu- 2.1 et seq.). For certain specified crimes (first tion, community service, curfew, counseling, degree murder and those listed in footnote

816 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 two), a regular felony information is filed, but For question number one, we treat every- if the accused pleads to the charge or is found body the same, and for question number two, guilty, then there is a pre-sentence investiga- we treat everybody differently. For both question, a disposition hearing and a treatment tions, there is no reason to have a system for plan, and the court’s sentence is administered persons under 18 that is separate from the sys- by the Office of Juvenile Affairs until the per- tem for persons over 18. son is discharged or reaches the age of 18 (or, In McKeiver v. Pennsylvania, 403 U.S. 528, 29 sometimes, 19), at which time the person can L.Ed.2d 647, 91 S.Ct. 1976 (1971), Justice Black- be transferred from the Office of Juvenile mun said, “If the formalities of the criminal Affairs to the Department of Corrections. A adjudicative process are to be superimposed similar approach would work if all juveniles upon the juvenile court system, there is little were being prosecuted in adult criminal court. need for its separate existence. Perhaps that The convicted person would have a determi- ultimate disillusionment will come one day; nate sentence and the transfer between correc- but for the moment, we are disinclined to give tion systems would be a simple administrative impetus to it.” 403 U.S. 528, at 551. Maybe, issue instead of the present bulky court trans- almost 40 years later, that day has now come. fer process. Hopefully, defendants below a certain age (18? 16? 14?) would be incarcerated 1. Drawn from Elrod and Ryder, Juvenile Justice, Aspen Publishing, 1999. separately from older defendants. 2. Any person 15, 16 or 17 years of age who is charged with: 1. Murder in the second degree; An obvious question is, what to do with the 2. Kidnapping for the purpose of extortion; 3. Manslaughter in the first degree; really young offenders, the 10-year-olds and 4. Robbery with a dangerous weapon or attempt thereof; 11-year-olds and so on? The response is, that is 5. Robbery with a firearm or attempt thereof; an unanswered question even with the system 6. Rape in the first degree or attempt thereof; 7. Rape by instrumentation or attempt thereof; we have now. None of the programs available 8. Forcible sodomy; to the Office of Juvenile Affairs is suitable for 9. Lewd molestation; 10. Arson in the first degree or attempt thereof; really young offenders. An argument might be 11. Any offense in violation of Section 652 of Title 21 of the made that they should be handled as deprived Oklahoma Statutes, (shooting with intent to kill, assault and/or battery with a deadly weapon, etc.) shall be held children — with mental health issues, maybe, accountable for his acts as a youthful offender. or at the very least due to lack of supervision is prosecuted as an adult. 10 O.S. 7306-2.6(A). — but the Department of Human Services does The same goes for any person 16 or 17 years of age who is charged with: 1. Burglary in the first degree or attempted burglary in the not have the resources to deal with them either. first degree; These child offenders are taken on a one-by- 2. Battery or assault and battery on a state employee or con- tractor while in the custody or supervision of the Office of one basis and everybody just tries to do the Juvenile Affairs; best they can with them. 3. Aggravated assault and battery of a police officer; 4. Intimidating a witness; SUMMING UP 5. Trafficking in or manufacturing illegal drugs; 6. Assault or assault and battery with a deadly weapon [Yes, I know that is covered under #11 in the other list.]; In every prosecution there are two questions. 7. Maiming; The first one is, “Did the accused actually do 8. Residential burglary in the second degree after two or what he or she is accused of having done?” If more adjudications that are separated in time for delinquency for committing burglary in the first degree or the answer to that question is, “No,” then the residential burglary in the second degree; case is over. But if the answer to the first ques- 9. Rape in the second degree; 10. Use of a firearm while in the commission of a felony. tion is, “Yes,” then the second question is, 10 O.S. 7306-2.6(B). “What do we do with this person?” The first 3. 10 O.S. 7303-4.3(B) for removing to the adult court; 10 O.S. 7306- 2.6(F)(3) for removing to the juvenile court. question is about the adjudication of guilt and it 4. All of this is in 10 O.S. 7307-1.2. is the same for every accused, regardless of their age: for both adults and juveniles, we ask the About The Author trier of fact, “Did they do it?” The second question is about the disposition of the case and it is Lawrence Langley has been different for every accused, regardless of their involved with juvenile law for 30 age. For both adults and juveniles, the answer to years as, at different times, judge, the disposition question depends not just on the prosecutor and defense attorney. accused’s age, but upon all the accused’s cir- He is currently an assistant dis- cumstances — age, education, employment, trict attorney in Adair County. criminal history, drug involvement, family support and ability to make restitution.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 817 BAR Membership Anniversaries

he Oklahoma Bar Association applauds these members Twho in 2009 reach significant milestone anniversaries. OKLAHOMA COUNTY Don Barnes Edmond Charles L. Baxter Oklahoma City William R. Burkett 70years 60years Oklahoma City John P. Caporal 1939-2009 1949-2009 Oklahoma City William N. Christian Oklahoma City BLAINE COUNTY CLEVELAND COUNTY C. G. Dudley H. G. Tolbert Elvin J. Brown Oklahoma City Watonga Norman Tom P. Hamill Robert N. Naifeh Oklahoma City OKLAHOMA COUNTY Norman Charles W. Adams Robert H. Harry Oklahoma City COMANCHE COUNTY Oklahoma City Manville Redman Jr.* Paul Cummings Harold E. Kirkpatrick Lawton Midwest City Oklahoma City CREEK COUNTY Dwight E. Davis Clovis A. McKenzie David Young Oklahoma City Oklahoma City Sapulpa Frank O. Hamilton Val Ray Miller GARFIELD COUNTY Oklahoma City Oklahoma City Page Belcher Jr. OUT OF STATE Enid William S. Myers Jr. Corwin V. Edwards Oklahoma City Frantz C. Conrad Jr. Ft. Belvoir, VA James William Roberts Enid Oklahoma City Glenn R. Watson JEFFERSON COUNTY Los Angeles, CA William R. Saied Pinkney C. Largent Jr. Oklahoma City Waurika Gene Sloop KAY COUNTY Oklahoma City Joseph E. Burns Jr. Ponca City PITTSBURG COUNTY Billie W. Crain LINCOLN COUNTY McAlester Richard James Stroud PONTOTOC COUNTY James L. Armstrong Ada

818 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 POTTAWATOMIE COUNTY LEFLORE COUNTY Ralph G. Spencer Harrell F. Followell Shawnee Poteau SEMINOLE COUNTY LINCOLN COUNTY Rudolph Hargrave John Romig Smith Wewoka Meeker TULSA COUNTY 50 LOGAN COUNTY John Harold Conway Jr. years Frank W. Davis Guthrie Tulsa 1959-2009 Hilma Duey MAJOR COUNTY Tulsa James A. Wilkinson Fairview Joseph W. Morris BEAVER COUNTY Tulsa MAYES COUNTY Robert Herschel Goetzinger Roy H. Wells Joseph Arthur Sharp Beaver Locust Grove Tulsa CADDO COUNTY MUSKOGEE COUNTY Virgil L. Upchurch WAGONER COUNTY Dave L. Blakeburn Anadarko John W. Russell Jr. Muskogee CANADIAN COUNTY Wagoner OKLAHOMA COUNTY Fenton R. Ramey Jay Rosser Bond WASHINGTON COUNTY Yukon Kenneth Heady Oklahoma City Bartlesville CHEROKEE COUNTY Jerry Lynn Brown Harry Edwinn Brown Jr. OUT OF STATE Park Hill Oklahoma City William J. Ashe Donald N. Bykerk Glen Rock, NJ CLEVELAND COUNTY Daniel G. Gibbens Edmond Robert Bates Jr. Norman Murray Cohen Silver Spring, MD William H. Mattoon Oklahoma City Richard O. Battles Norman Donald Lew Cooper Dallas, TX David Swank Oklahoma City Milton L. Brand Norman Frederick Page Dobson Houston, TX Ralph L. Wampler Oklahoma City Robert Doyle Cox Norman Marjorie P. Downing Germantown, TN COMANCHE COUNTY Oklahoma City Edward R. Dick William H. Wilson Theodore Marinus Elam Katy, TX Lawton Oklahoma City George S. Guysi GARVIN COUNTY Gary Frank Fuller The Woodlands, TX Wilfred L. Barber Oklahoma City Lindsay George B. Higgins Larry Dow Hartzog Plano, TX GRANT COUNTY Oklahoma City Robt Hale Loofbourrow John C. Drennan Jr. Medford J. Richard Kunkel Amarillo, TX Oklahoma City KAY COUNTY Hunter L. Martin Jr. Earl D. Mills Houston, TX L. Enloe Baumert Ponca City Oklahoma City C. D. Owens Jr. Barry D. Mock Scottsdale, AZ Charles W. Casey Ponca City Oklahoma City Robert Eugene Rice Homer Paul Houston, TX John Wesley Raley Jr. Ponca City Edmond

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 819 David G. Probst Meredith E. Hardgrave James Ervin Brazell Oklahoma City Tulsa Asheville, NC Francis Eugene Ray John M. Imel James L. Burton Oklahoma City Tulsa East Lyme, CT Grey W. Satterfield Jr. Bert M. Jones Jr. Jack G. Bush Oklahoma City Tulsa Red River, NM Barry Ray Simms James Nicholas Khourie Paul E. Degraffenreid Oklahoma City Tulsa Mears, MI Claude S. Woody Jr. Joseph Lapan William G. Fisher Oklahoma City Bixby Costa Rica, FO James Arthur Worrell Edward L. Leonard Jack A. Forsbach Oklahoma City Tulsa Los Angeles, CA OKMULGEE COUNTY George W. Owens Charles L. Hirlinger John David Maley Tulsa Lake Kiowa, TX Okmulgee Robert Melvin Peterson Ronald Joseph Jacobs POTTAWATOMIE COUNTY Tulsa Dowagiac, MI James Chas Winterringer James E. Poe Gus J. Karey Shawnee Tulsa Dallas, TX TULSA COUNTY Christopher L. Rhodes III Ralph James May Jr. Jay C. Baker Tulsa The Woodlands, TX Broken Arrow Gerald Gordon Stamper Stanley Richard Medsker Charles Edward Biederman Tulsa Englewood, CO Tulsa Byron Dana Todd Thomas B. Preston Bill Dean Borders Tulsa Memphis, TN Tulsa Stephen Jay Zeligson Herbert Norton Standeven Robert Morris Butler Tulsa Gunter, TX Tulsa OUT OF STATE Rex Stuckey* Samuel Phillips Daniel Jr. Michael W. Atkins Irving, TX Tulsa Rochester, IL James Roll Tourtellotte Ollie W. Gresham Robert Allen Baker Sr. Santa Fe, NM Tulsa Jacksonville, FL *Has recently passed.

Gungoll, Jackson, Collins, Box & Devoll, P.C. Welcomes Wade D. Gungoll Gungoll Jackson is pleased to announce that Wade D. Gungoll has joined the Firm. While he will office primarily out of the Firm's Oklahoma City office, he is well positioned to serve the Firm'sclients across the state. Wade graduated with distinction from Yale University and earned his juris doctorate at Columbia Law School. In addition to his experience in energy and natural resources litigation, Wade also practices general commercial litigation, school law, and public finance. Wade brings an extraordinary ability to analyze legal issues and develop desired solutions. His addition is a further example of Gungoll Jackson's commitment to providing exceptional service to its clients. Gungoll, Jackson, Collins, Box and Devoll. P.C, Attorneys and Counselors at Law 323 West Broadway, Enid OK • 580-234-0436 • 1-800-725-0436

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820 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Mock Trial

High School Mock Trial Committee Wraps Up Another Successful Year

The 2008-2009 Oklahoma High School Mock Trial Com- petition included 45 teams from across the state of Oklaho- ma. This year’s competition culminated in the Oklahoma High School Mock Trial Cham- pionship with a repeat face-off between Del City’s Christian Heritage Academy and Ada High School. The preparation and ability of both teams was inspiring, with Christian Heri- tage Academy defeating Ada High School by a slim margin on a 3-2 decision. Previous state champion Christian Heri- tage Academy will have the honor of once again represent- Mock Trial Committee members pose with Mock Trial ing Oklahoma at the National Coordinator Judy Spencer (seated). High School Mock Trial Cham- pionship to be held in Atlanta in May. of volunteer judges and law- Committee, Young Lawyers The top finishing teams for yers that make this program a Division and Oklahoma Bar the 2008-2009 competition are: success year after year. This is Foundation salute all the vol- in third place, Ada High such a great opportunity for unteers, including those who School (white team); fourth, those of us in the legal profes- offered their time, on short Broken Arrow High School; sion to share our skills and give notice, to cover the resched- fifth, Atoka High School; sixth, high school students a unique uled rounds. look into the components of Catoosa High School; seventh, This year’s Mock Trial Com- trial — witnesses, opening, Clinton High School; and mittee members are Chairper- closing, direct and cross exami- eighth, Okarche High School. son Jennifer A. Bruner, Execu- nation,” said Mock Trial Com- More than 800 students par- tive Vice Chairperson Erin mittee Chair Jennifer A. Bruner. ticipated in the state mock Moore, Immediate Past Chair- trial program. Severe winter storms created person Rachel McCombs, Vice “It is the dedication and an added hurdle for competi- Chairperson/Oklahoma City effort put forth by teacher tors this year that caused sev- Trial Site Coordinator Christian coaches, attorney coaches and eral rounds to have to be D. Szlichta, Vice Chairperson/ rescheduled. The Mock Trial Tulsa Trial Site Coordinator students, as well as the efforts (continued on next page)

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 821 Marsha Rogers, Vice Chair- Kenny Smitherman Russell Uselton persons Case Development Randall Stout David Vanmeter Marsha Rogers and Nicole Jennifer Strong Brad West M. Longwell and Mock Trial David Studebaker Randall Wiley Coordinator Judy Spencer. Tom Thomas SCORING PANELISTS Other Mock Trial Committee Michael Thompson members are Lindsey Laurie Thornley Teddy Abbott** Andrews, Dessa Baker- Rex Wood Christopher Arledge Inman, Jim Buxton, Joe Forrest Wood Elaine Arnold Carson, Christine Cave, Dennis Wright Chris Barrow Scott Inman, Antonio L. Kory Wright Jeff Baum Jeffrey, Jacob L. Rowe and Mindy Beare TRIAL SITE Amanda Thrash. Terry Bigby COORDINATORS It is the donation of time Katherine Bolles and energy by hundreds of Lindsey Andrews Lacy Boyles judges and lawyers across Jennifer Bruner Georgina Brown this state that make this pro- Deresa Gray Clark David Bryar gram possible. The following Lisa Cosentino** Bill Burkett is a list of those individuals Robert Duran Jr. Sharon Byers who were so gracious to vol- Judy Fitzer Joe Carson unteer their time and experi- Antonio Jeffrey Dietmar Caudle ence to high school students Dana Jim Eric Cavett who are likely to become the Brenda Nipp Shannon Cazonni future leaders of this state. Chanteau Orr Tammy Childers Mark Osby Billie Chrz ATTORNEY COACHES Scott Pappas Sharon Cole Frank Allison Jim Pettis Steve Coleman Jackie Jo Appelman Marsha Rogers**** Kristen Cook** James Baker Kelly Smakal Melissa Cornell Shawn Bass Judy Spencer Rick Couch Lauren Boling James Stuart Carol Cowan** Clifton Brockman Christian Szlichta** John Cramer** Terry Brockman Leah Terrill-NesSmith** Chace Daley Rita Cantrell Amanda Thrash Michael Denton* Jared Desilvey** Greg Daniel FINAL PRESIDING JUDGE Jennifer Drywater Jessica Dickerson Julie Eades Judge Edward Ken Sue Doerfel Don Ellis Cunningham Ken Dominic Catherine Doud Tim Gay FINAL SCORING JUDGES Tim Guten Melinda Dunlap Christy Halley Judge David B. Lewis Rob Duran** Randall Hendrickson Judge Dana L. Rasure Blake Dutcher Laurie Hess Judge Millie Otey David Dykeman Jennifer Holtz Judge Daman Cantrell Kent Eldridge Amber Horn Judge Kenneth Dickerson Selim Fiagome*** Jennifer Flexner Scott Howland PRESIDING JUDGES Dawn Reitan Kirkland David Francy Susan Laird Lana Russell Rodney Freed Catina Lamkin Kurt Schneiter Trever Furlong Daman Lawhorn Mark Schwebke Michael H. Githens Jeff Miller Judge Steven Shreder Tia Goodman Kim Mixon Pete Silva Paul Gouge Tim Perrin Kelly Smakal Mark Graziano Mark Phillips Maribeth Snapp Elaine Green Tammy Prilliman Chris Szlichta Debra Hackler David Roberts Allison Thompson Stephen Hale

822 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Julie Rivers Staci Roberds** Ryan Roberts* Moura Robertson Joe Rogers Tim Rogers Jacob Rowe*** Lana Russell Linda L. Samuel-Jaha Kurt Schneiter Mark Schwabke Natasha Scott Pete Silva Kim Slinkard Reginald Smith Angie Smith Sara Smith Ashley Smith Angela Smith Judges Daman Cantrell, Dana L. Rasure, Edward Cunningham, Richard Smotherman David B. Lewis, Millie Otey and Kenneth Dickerson presided over Paul Sowinski the Mock Trial state championship. Cliff Stark Janna Hall Jeff McGrew Taylor Stein Scott Hall Park Medearis Kim Stevens* Suzanne Heggy* Jaye Mendros Sheila Stinson Mark Hixon Melissa Middleton Joshua Stockton Arthur F. Hoge III Tim Mills Kristan Strubhar Michon Hughes Anne Mize**** Michael Taubman Brandy Inman Thomas Mortensen Katie Templeton Jennifer Jackson Lou Ann Moudy** Andrew Tevington Antonio Jeffrey** Sal Munoz Laura Thomas Keith Jennings Shannon Muret Carolyn S. Thompson Luwana John Becki Murphy Jennifer Thompson Rick Johnson Jim Myles Amanda Thrash** Lauren Wilson Johnston Jimanne Newbury Shelley Tipps** Joe Jordan Judge Rebecca Ray Tompkins Jennifer Kern Nightingale Jill Tontz Jennifer Kirkpatrick Chrissi Nimmo** Roy Tucker** Claudia Kovar Michael Norns Scott Tully Mike Kulling Mike Novotny Le’shawn Turner Scott Landon Elizabeth Odell Joe Vorndran Patrick Layden Susan Osborn Jill Walker-Ambdovis Nick Leach Jim Palinkas Joe Weaver David Leavitt Wayne Patterson Jackie Wells Mike Lewis Mark Peregrin Brian Wilderson Nicole Longwell Jeremy Pittman Randall Wiley Jim Lowell* Sonja Porter** Betty Williams Leslie Lynch Cori Powell Chuck Woodstock Major Marshall Doug Price Patrick Wyrick Jim Marshall Scott Ray * Served twice Neal Martin Chris Reser** ** Served three times Scott McCann Kenneth Rhoads ***Served four times Jim McClure Todd Riddles

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 823 FROM THE EXECUTIVE DIRECTOR

Changes to the Web By John Morris Williams

During his tenure, Past by the ABA and a sur- President William R. Grimm vey was taken of the created a task force to look at entire membership. all of our communication The audit and the task methods. The Communica- force both recognized tions Task Force made spe- that improvements in conflicts and assist in plan- cific recommendations that our Web site would enhance ning for everyone in the called for us to change the our communications. It was legal community, especially way we do business. One of recommended that Web our valuable volunteers. the recommendations was to management and content be consolidated so that content Last month Morgan Estes allow members to opt out of was hired to be the Web site the printed versions of the could be more rapidly com- municated to our members. coordinator. Morgan comes Oklahoma Bar Journal. Today with a wealth of experience nearly 2,700 members Also, the report called for the redesign of the Web site. in the technology informa- receive their bar journal in tion world. I probably did electronic format only. The Since the release of the not say that right but, he savings are not substantial, report in August 2007, work knows Web site stuff — if but this does reflect a grow- has been undertaken to you know what I mean. With ing trend and results in implement those portions of Morgan on board we now lower postage and less paper the task force report that have the capacity to consis- being utilized. were adopted by the Board tently put new and updated of Governors. Web content The task force also created information on our Web site and site management have an editorial policy for our E- on a daily basis. In the weeks been consolidated in the new news and changed the name and months ahead, you position of Web site coordi- should be noticing changes of our Public Information nator. The staff person Department to Communica- to our Web site. At first, we assigned to this position is are in the process of ensur- tions Department to empha- responsible for day-to-day ing that all of our content is size the goal of greater com- updates of the site, editing current, relevant and correct. munications. In the informa- content from various sources We have formed an internal tion age it is important to and developing content with editorial board so that all utilize all the vehicles avail- the goal of having fresh and departments are involved in able to communicate to our relevant content on our Web creating and telling the OBA members and the public site everyday. story online. Next, we will about the work and happen- be looking at a redesign of ings at the OBA. Another goal is to develop a comprehensive calendar our Web site to make it more A very critical part of the for use by the legal commu- user-friendly. task force review was our nity. It is our plan to develop A hot item in Web technol- Web site. In addition to the a centralized calendar that ogy at the current time is the work of the task force, an will have essential informa- use of reader input and com- outside audit was performed tion on important ments. We are looking at events. The pur- how to integrate this into our www.okbar.org pose here is to site. Input and news from reduce scheduling our members is extremely

824 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 important, and we invite you to give us your ideas and news stories. Many lawyers across this state are doing Oklahoma Bar Journal extraordinary things, and we want to tell the story. An Editorial Calendar example of such content is the recent story we ran on Joel Carson being elected 2009 2010 chair of the state Board of n May n January Mental Health and Sub- Oil & Gas and Energy Meet Your OBA stance Abuse Services. Obvi- Resources Law Editor: Carol Manning Editor: Julia Rieman ously, we cannot publish n February [email protected] everything to the site. How- Indian Law Deadline: Jan. 15, 2009 ever, if you have content that Editor: Leslie Taylor you wish to have published, n August [email protected] let us know, and we will take Bankruptcy Deadline: Oct. 1, 2009 a look at it. Editor: Judge Lori Walkley n March [email protected] Workers’ Compensation It is a new day in commu- Deadline: May 1, 2009 Editor: Emily Duensing nications at the OBA! Our n September [email protected] great Communications Bar Convention Deadline: Jan. 1, 2010 Department will still be here Editor: Carol Manning n April to do what they do so well in n October Law Day our printed products. With Criminal Law Editor: Carol Manning the addition of a dedicated Editor: Pandee Ramirez n May staff person to our Web site, [email protected] Commercial Law it is our goal to provide Deadline: May 1, 2009 Editor: Jim Stuart [email protected] greater service to our mem- n November Deadline: Jan. 1, 2010 bers and the public through Family Law our Web site. If you have not Editor: Leslie Taylor n August done so, I encourage you to [email protected] Access to Justice Deadline: Aug. 1, 2009 Editor: Melissa DeLacerda put www.okbar.org on your [email protected] n list of favorites and visit us December Deadline: May 1, 2010 every day. Watch us as we Ethics & Professional Responsibility n September grow and expand. Tell us Editor: Jim Stuart Bar Convention what you want to see on our [email protected] Editor: Carol Manning Web site. Stay tuned. Great Deadline: Aug. 1, 2009 n October things are going to be hap- Probate pening on the OBA Web site! Editor: Scott Buhlinger [email protected] Deadline: May 1, 2010 n November Technology & Law Practice If you would like Management to write an article Editor: January Windrix on these topics, [email protected] contact the editor. Deadline: Aug. 1, 2010 To contact Executive n December Director Williams, Ethics & Professional e-mail him at [email protected] Responsibility Editor: Pandee Ramirez [email protected] Deadline: Aug. 1, 2010

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 825 LAW PRACTICE TIPS

Home Sweet Office By Jim Calloway, Director, OBA Management Assistance Program

Most lawyers work from he netted about 30 percent of substantial amount of time. He home from time to time, his billings as profit and under was able to offer them a signif- often in the evenings or on the new system he retains icant reduction in his billing weekends. about 85 percent. rates as an inducement. They were probably already used to But more lawyers are now You can read the rest of Mr. communicating with him pri- working from home on a Willard’s story at http:// marily by telephone or e-mail. full-time basis. tinyurl.com/dadgq4. This is far from the stereo- In fact, in March 2009, The Admittedly, this situation type that some have of a Washington Post ran a story turned out to be a really per- home-office lawyer grabbing a titled “Recession Sends Law- fect example of how a home rag to wipe the jelly and yers Home - Firms Trade office might work well. Mr. crumbs off the kitchen table so Brick-and-Mortar Prestige for Willard’s clients knew him the client can sign their retain- a Better Business Model.” The and his qualifications as he er agreement. But it seems story profiles attorney Geoff had represented them for a clear to me that home practice Willard, who left his job or virtual practice is a path as a partner at DLA that more and more Piper, a very large and lawyers are considering. prestigious law firm, to try a career alternative. Quality of life, the high He joined a “virtual” cost of monthly overhead law firm and now and the number of hours works at his home in a most lawyers work per room adjacent to the week are all factors in this. kitchen and family Let’s just take a ballpark room. The bottom line figure of 50 percent of gross for Mr. Willard is that revenues going for over- he reduced the rate he head. That’s not really an billed his clients by 25 unreasonable figure if it is percent and reduced his total overhead, including work week from 60 to irregular items like CLE, 85 hours per week at replacement hardware and DLA Piper to a more some new furniture from comfortable 40 to 50 time to time. That means if hours per week. Ninety you worked a normal week, percent of his clients the first half of the week is made the move with to pay the staff and other him. He estimated that overhead and the last half under the old system is for you, after your per-

826 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 sonal “overhead” and taxes yer who works some eve- lawyer for the first time are paid. Of course, any cli- nings at home can make do without visiting a law office ent who fails to pay their bill with a rather inexpensive that looks like a law office. comes out of your “half,” not combo printer-fax-copier- Except in very rare cir- the overhead. Is there really scanner if he chooses. cumstances, it is not a good any wonder why so many There’s always the heavier idea to meet with clients in lawyers routinely work hardware at the office for big one’s home anyway. Too jobs. But the full-time home- nights and weekends? many legal matters involve office lawyer, particularly issues that could get emo- And, is there any wonder a one who may have to fre- tional, and you do not want lawyer might want to work quently make several copies clients showing up at your less and take home more? of thick documents, doesn’t home demanding to speak want a machine that doesn’t Years ago, when every- with you during the eve- have an automatic sheet thing was less expensive, ning meal. including legal fees, home- feeder or requires the lawyer practicing lawyers were to hand sort copies instead Various business models often looked down on by the of automatically sorting have been lumped together rest of the profession unless them into different trays by under the label virtual office, they had a good reason, like itself. No matter what the but many include a person semi-retirement, disability or practice setting, there’s no who can answer the phones a need to spend more time reason to waste that sort of and take messages when the parenting than full-time law- lawyer time week after lawyer is occupied and a yering would allow. I recall location where client inter- the first lawyer I ever heard views can be conducted on announce that he was going an “as-needed” basis. to do this — carefully Some home-based lawyers explaining to a group of us Except in very rare work out arrangements with that since he was going to do lawyers they know to rent or nothing but research and circumstances, it is not a borrow a conference room write appellate briefs, he from time to time. One quid could always meet with the good idea to meet with pro quo might be agreeing to clients in the office of the do routine filing at the court- lawyers who did the trial clients in one’s home house in return for using a work. It was therefore a spare conference room from waste of money to pay office anyway. time to time. overhead. Even with a “good” explanation, not Libraries offer conference everyone was convinced — room availability in some or maybe they were just a cities. And a quick meeting little envious. on a matter without confi- week. It is better to go with a dential communications to Today, however any skilled decent scanner, such as a be overheard can be held in lawyer with a laptop, an Fujitsu ScanSnap S1500, and a local coffee shop. Internet connection and a then a printer with a docu- phone has the requirements ment sheet feeder and a few Mail and package delivery for most legal work covered. trays to collocate the copies. is another issue for the Toss in a printer, scanner and home-based lawyer. For The problem for new law- copier and you are fully example, it is a bad idea to yers starting out is that equipped. (Although for put one’s home address on building a practice from a court pleadings. One lawyer very small jobs, scanning home office is somewhat I visited with in my office and then printing can avoid challenging. It is one thing recently told me she has the need for a copier at that for Mr. Willard’s clients to worked out a very inexpen- moment.) hear that he has changed his sive deal with FedEx-Kinko’s But a home office work location and is going to for a mail-drop service. The shouldn’t be put together too be charging him less. It is address was given a suite cheaply. For example, a law- another for a client to hire a number even though it was

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 827 really only a mail box and, http://stayviolation.type expensive associates, in- as a part of the service, they pad.com: house computer systems, e-mail her anytime they sign and high rise offices of I have taken the liberty for a certified mail or parcel marble and mahogany, of coining our type of delivery. but off the Internet, firm as “Third Wave law online research, and Some lawyers simply can- firms” or “Third Wave information. (from not be successful in a home- practices.” We work his blog) based practice. I visited with from our homes or from a lawyer who confessed, “If I cubicles or small shared When you read Mr. New- tried that, I’d work an hour, offices free from the con- ton’s words, it seems like then do yard work for a fines of standardization, there should be some inspi- while, then decide to cook centralization, concentra- rational music playing in the something for lunch, and tion, synchronization background. and bureaucracy, which before you know it, my day Let me be clear. I am not has primarily contribut- would be gone.” advocating for or against this ed to the dissatisfaction type of practice setting. But There are some lawyers of lawyers with the it is clear that with the eco- who could not imagine practice of law. We live, nomic upheavals at hand practicing law without a support and fight for and a generation of younger secretary and other staff. diverse lifestyles. We do lawyers who resist the idea But there are also going to not employ other law- of regularly being trapped in be more lawyers who just yers or staff so much as an office 60 hours a week, need a laptop, an Internet we operate within these there are going to be some connection and a quiet adhocracies or fluid for whom this business place to work. organizations in which model holds much appeal. we as attorneys and Chuck Newton has long There will probably be sev- firms come together only championed the “no office” eral versions of new innova- to work on specific cases style of practice on his “Ride tive lawyer-business models or tasks. In other words, the Third Wave blog” at emerge in the near future. we are freelancers. We survive not on libraries, www.okbar.org Your source for OBA news.

At Home At Work And on the Go

828 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 ETHICS PROFESSIONAL RESPONSIBILITY

Breaking Up Should Not Be So Hard to Do By Gina Hendryx, OBA Ethics Counsel

When Neil Sedaka recorded having much greater opportu- Squires, 702 SW2d 266 (Texas the 1962 hit “Breaking Up is nity that they formerly did to CtApp 1985). Hard to Do,” it is doubtful shift from one firm to another Who Notifies the Client of that he was pondering the dis- and take revenue-producing the Lawyer’s Departure? “A solution of a law partnership clients with them.” Rehnquist, lawyer who is departing one or the withdrawal of a lawyer The Legal Profession Today, 62 law firm for another has an from one firm to join another. Ind. L.J. 151,152 (1987). ethical obligation, along with However, the words ring just Past the hurt feelings, emo- responsible members of the as true when applied to the tional upheaval, and tension law firm who remain, to professional relationships of surrounding a law firm depar- assure that those clients are lawyers. Years ago, the legal ture, exists the very pragmatic informed that she is leaving employment ladder began issues of client and revenue the firm. This can be accom- with law students getting that source retention. What was plished by the lawyer herself, first job as a summer clerk, fol- once an amiable professional the responsible members of lowed up the next summer as relationship can become a the firm, or the lawyer and a legal intern, then upon grad- heated and protracted legal those members jointly.” ABA/ uation, hired as an associate, battle. Lawyers and law firms BNA Lawyer’s Manual on Pro- and retiring as a partner. need to be aware of the ethical fessional Conduct, Withdrawal And… all within the same and contractual issues present- and Termination, 91:705. This firm! “These days,” on the ed by the split of an associa- notification should be given in other hand, “the legal profes- tion. The following will out- a timely manner so that the sion too often looks and feels line constructive ways to navi- client may decide who will like the children’s game of gate the ethical dilemmas represent her. musical chairs. Rarer and posed by lawyer lateral move- rarer, if not quite an extinct What Information May I ments and firm splits. species is the lawyer who Give My Clients About My practices in the same firm To Whom Does the Client Move? ABA Formal Ethics throughout his or her profes- Belong? Neither the individu- Opinion 99-414 lists the fol- sional career.” Davis and Glen, al attorney representing a cli- lowing information that Musical Chairs: When a Lawyer ent nor the firm has a posses- should be given to a client by Makes a Lateral Employment sory interest in a client. It is the departing attorney prior to Move, N.Y.L.J., Nov. 26, 1990, the client’s exclusive right to the attorney actually leaving at p. 1. choose to stay with the firm or the firm. transfer his business to the Supreme Court Justice Wil- 1) Limit the notice to clients departing attorney. “A client liam Rehnquist noted that with active matters over has the right to discharge a “Institutional loyalty appears which the lawyer has lawyer at any time, with or to be in decline. Partners in direct professional respon- without cause, subject to liabil- law firms have become sibility. ity for payment for the law- increasingly ‘mobile,’ feeling yer’s services.” See e.g., Bray v. much freer than they did, and 2) Do not urge the client to leave the firm and follow

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 829 the lawyer. However, does not violate Oklahoma Be Aware of Applicable the departing lawyer Rule of Professional Conduct Law in Addition to Ethics may indicate her will- 7.3 on client solicitation. Opinions. It must be ingness and ability to However, a lawyer is prohib- stressed that ethics opinions continue the legal repre- ited from having an in-per- do not govern issues of law. sentation of the client. son solicitation with firm cli- Unfair competition, improp- ents with whom she does not er use of firm secrets, and 3) Make it clear that the have an ongoing profession- luring of clients all hold decision belongs to the al relationship. “A lawyer potential civil liability and client. does not have a prior profes- should be thoroughly 4) Do not disparage the sional relationship with a cli- researched when determin- former firm. ent sufficient to permit in- ing conduct. person or live telephone If the client decides to go The lawyer and former firm solicitation solely by having with the departing lawyer, may give joint notice of the worked on a matter for the the confirmation should be impending departure to all client along with other law- reduced to writing and sub- clients that the lawyer has yers in a way that afforded mitted to the lawyer and the had direct professional little or no direct contact firm. Generally, the client’s responsibility. Either way, eth- with the client.” ABA Formal file, property, and funds ics rules require timely notifi- Ethics Opinion 99-414 (1999). should go with the client. cation to affected clients. After leaving the firm, an May I Contact Other Cli- attorney may contact pro- Have an ethics question? ents of the Firm? Because an spective clients through writ- It’s a member benefit, and attorney has an ongoing pro- ten or recorded communica- all inquiries are confidential. fessional relationship with tions subject to the limita- Contact Ms. Hendryx at her current clients, notifica- tions in Rules 7.1 and 7.3. [email protected] or (405) tion of an impending move 416-7083; (800) 522-8065.

NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT OF john robert seelye, SCBD #5509 TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., Ch. 1, App. 1-A, that a hearing will be held to determine if John Robert Seelye should be reinstated to active membership in the Oklahoma Bar Association. Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Okla- homa City, Oklahoma, at 9:30 a.m. on Thursday, May 14, 2009. Any person wishing to appear should contact Janis Hubbard, First Assis- tant General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007, no less than five (5) days prior to the hearing. PROFESSIONAL RESPONSIBILITY TRIBUNAL

830 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 BOARD OF GOVERNORS ACTIONS

March Meeting Summary The Oklahoma Bar Association Board of Governors met at the Oklahoma Bar Center in Oklahoma City on Friday, March 20, 2009.

NEW STAFF MEMBER REPORT OF THE dinner and board meeting, PRESIDENT-ELECT Administration of Justice Task Morgan Estes was intro- Force meeting, OBA Bench duced as the OBA’s Web President-Elect Smallwood and Bar Committee meeting services coordinator, a newly reported he attended the Feb- and Oklahoma Bar Foundation created position. ruary board dinner and board meeting, ABA Bar Leadership Board of Trustees meeting. REPORT OF THE Governor Carter Institute in Chicago on March reported she PRESIDENT 12 – 13 and worked with the attended the February Board of Governors dinner and President Parsley reported OBA Administration of Justice board meeting, Tulsa County he attended the February Task Force and General Coun- Bar Association Executive board meeting, Administration sel Search Committee. Committee meeting, TCBA of Justice Task Force meeting, REPORT OF THE board meeting and OBA Day General Counsel Search Com- PAST PRESIDENT at the Capitol. She facilitated a mittee meeting, Oklahoma meeting between international County Bar Association meet- Past President Conger women attorneys from Paki- ing, district-wide legislative reported he attended the Bar stan, Syria, Singapore, Oman, meeting in Texas County, OBA Center Facilities Committee Sierra Leone and Ivory Coast Day at the Capitol and OBA meeting, Administration of with Tulsa County district Teacher of the Year presenta- Justice Task Force meetings judges, and she wrote an arti- tion. He also reviewed and and OBA Day at the Capitol. cle for the Oklahoma Bar Jour- approved various OBA posi- REPORT OF THE nal. Governor Chesnut report- tion statements, participated in EXECUTIVE DIRECTOR ed he attended the February multiple media interviews board dinner and board meet- about pending issues and held Executive Director Williams ing, OBA Day at the Capitol, a press conference regarding reported he attended the Diversity Committee meeting pending legislation. Administration of Justice Task Force meetings, Bar Center and reviewed documents asso- REPORT OF THE Facilities Committee meeting, ciated with the Administration VICE PRESIDENT Bar Leadership Institute in of Justice Task Force meetings. Vice President Thomas Chicago, monthly staff cele- Governor Christensen report- reported she attended the OBA bration, Supreme Court Teach- ed she attended the February board dinner and board meet- er of the Year presentation and board meeting, Guardianship ing, Administration of Justice participated in Day at the Cap- Task Force meeting, OBA Task Force meetings, OBA Day itol. He spoke at the Custer Bench and Bar Committee at the Capitol and Washington County Bar Association lun- meeting, Oklahoma County County Bar Association cheon meeting, Cleveland Bar Association meeting and monthly meeting and CLE. County Bar Association lun- planning sessions with Women She also spoke with and cheon meeting and to the OBA in Law Chairperson Deb e-mailed several lawyers Law Student Division mem- Reheard, Vice Chairwoman and judges regarding tort bers at the OU College of Law. Alison Cave and CLE Director Douglas. Governor Dirickson reform, SB 997 and other BOARD MEMBER REPORTS bills of particular interest. reported she attended the Feb- Governor Brown reported ruary board meeting, Custer he attended the OBA board County Bar Association

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 831 monthly meeting, OBA Day and finalized plans for April event, designed to appeal to at the Capitol and Adminis- 17 CLE program, “The Law lawyers of both genders, set tration of Justice Task Force Practice Stimulus Package.” for April 17, 2009. meeting. She participated in Governor Stockwell report- GENERAL COUNSEL’S a Women in Law Committee ed she attended the February REPORT meeting and a Solo and Board of Governors meeting, Small Firm Conference Plan- two Administration of Jus- A written status report of ning Committee meeting and tice Task Force meetings, the Professional Responsibil- conducted a legislative Cleveland County Bar Asso- ity Commission and OBA breakfast in Custer County ciation Executive Committee disciplinary matters for Feb- for area legislators and attor- meeting, CCBA monthly ruary 2009 was submitted neys to meet and discuss meeting and CLE, Judge for the board’s review. upcoming legislation. Gover- Gaston’s retirement recep- 2008 CLE ANNUAL nor Dobbs reported he tion and OBA Day at the REPORT attended the February board Capitol. Governor Stuart meeting, Professionalism reported he attended the CLE Director Douglas Committee meeting, Civil February board dinner and reviewed highlights of the Procedure Committee meet- board meeting, OBA Day at Continuing Legal Education ing, OBA Day at the Capitol the Capitol and Administra- Department’s 2008 annual and legislative reception. tion of Justice Task Force report. She pointed out sur- Governor Hixson reported meeting. He also reviewed veys show high marks in he attended the February and voted on miscellaneous quality of programs and board meeting, Canadian position papers. speakers. Net revenue was County Bar Association lun- REPORT OF THE YOUNG $195,831.96 that was less cheon and CLE presentation LAWYERS DIVISION than 2007, but greater than and was a scoring panelist 2006. She said new for CLE for the Oklahoma High Governor Rose reported in 2008 were 22 original pro- School Mock Trial Competi- he attended the OBA board grams that were offered via tion. Governor McCombs dinner and board meeting, Webcast, which allow topics reported he attended the OBA Day at the Capitol and more narrow in scope to be February board meeting, YLD meeting. He also offered. She complimented McCurtain County Bar Asso- passed out bar survival kits Ethics Counsel Gina Hen- ciation luncheon and OBA to the law students taking dryx and MAP Director Day at the Capitol with four the bar exam. Calloway on their quality members of his firm. He also SUPREME COURT programming. She noted voted on position papers pre- LIAISON REPORT Hendryx leads Calloway in sented to the board, e-mailed revenue produced. Discus- county bar members with Attending the board meet- sion continued about accom- updates on current legisla- ing in place of Vice Chief modations that were avail- tion and e-mailed reports of Justice Taylor who was on a able to OBA members affect- contacts with certain legisla- law-related education trip, ed by the economic down- tors to the local bar. Gover- Chief Justice Edmondson turn. Board members nor Moudy reported she thanked the OBA for its hos- expressed their gratitude attended the Board of Gover- pitality the previous evening. for the good work of CLE nors dinner and board meet- He commented that the OBA Director Douglas and her ing. Governor Reheard had good participation for its staff members. reported she attended the Day at the Capitol event, AMENDMENT TO February board dinner and which was reflected by the NOTICE AND OBJECTION large number of the lawyers board meeting, two Adminis- PROCEDURE TO tration of Justice Task Force who stopped by to sign the OBA BUDGETARY meetings, OBA Day at the guest book in his office. EXPENDITURES Capitol, authored an OBA WOMEN IN LAW position paper opposing The board voted to CONFERENCE resolutions to change the approve adding the sen- Judicial Nominating Com- Governors Reheard and tence, “No member exercis- mission, chaired the Women Christensen briefed the ing rights under this policy in Law Committee meeting board on the upcoming shall suffer any discrimina-

832 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 tion or retaliatory treatment Director Williams to sell tance in programming plan- as a result of exercising such the vehicle used by the ning for the conference set rights.” to the notice and former general counsel. for June 11 – 13 at Tangle- objection procedure. INVESTMENT wood Resort on Lake Texo- ma. He reviewed the agenda LEGISLATION COMMITTEE of events and briefed the President Parsley updated President Parsley said in board on the out-of-state board members on pending the past the Board of Gover- speakers who are coming. legislation. Executive Direc- nors’ Investment Committee Board members were tor Williams reported many worked on an as-needed encouraged to fill out the members are asking ques- basis; however, there is a conference registration form tions, and he encouraged greater need for continuing in their binders. board members to stay cur- service. The board voted to CLE CRUISE rent on legislative activity. activate the Investment President Parsley said OBA Committee with the expecta- President Parsley reported Day at the Capitol was a tion that it would remain that because the OBA’s first complete success with a active throughout the year. CLE cruise to Mexico several large turnout both at the POLICY FOR SUBMIT- years ago was so popular, he Capitol and at the reception. TING RULE CHANGES TO requested that another be planned for his year as presi- BUILDING UPDATE THE SUPREME COURT dent. The cruise is set for Executive Director Wil- President Parsley reviewed July 11 – 16, departing from liams reported the large recent circumstances that Galveston with ports in office west of the lobby has suggest that a more specific Cozumel and Progreso. procedure for submitting been remodeled into two Unfortunately despite all the rule changes to the Oklaho- offices, one for the new Web creative promotion efforts, ma Supreme Court be devel- services coordinator. He said oped. The board voted to the economy has not been new furniture has been table action until proposed favorable and the number of installed for some offices in language could be drafted. OBA members participating the newly remodeled east is low. CLE Director Douglas wing, including a new table SUPREME COURT ORDER said the OBA has released in the Kerr Conference RE: PROPOSED RULE 31 the hold on its cabin block; Room. Three people in the It was noted that the however, OBA members can east wing are still without Supreme Court did not still sign up to go at the new furniture. He said CLE approve proposed amend- advertised price if cabins are Director Douglas is involved ments to the Rules for Dis- available. in looking at samples for trict Courts of Oklahoma. EXECUTIVE SESSION improvements suggested for Emerson Hall. An alternate JUDICIAL NOMINATING The board voted to go into way to display the 77 county COMMISSION executive session, met in exec- courthouse photos will likely PROCEDURES utive session and voted to be found. The board approved the come out of executive session. SALE OF OBA VEHICLE procedures used in the past to NEXT MEETING carry out elections of two President Parsley proposed lawyer members to the Judi- The Board of Governors the OBA change from own- cial Nominating Commission. will meet at the Oklahoma ing a vehicle driven by the Bar Center in Oklahoma City OBA general counsel to pro- SOLO AND SMALL on Friday, April 24, 2009. FIRM CONFERENCE viding the person in that For summaries of previous position with a vehicle MAP Director Calloway meetings, go to www.okbar.org/ allowance. The board voted thanked Governors Reheard obj/boardactions to authorize Executive and Dirickson for their assis-

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 833 BAR FOUNDATION NEWS

Building on the Spirit of Law Day — The Oklahoma High School Mock Trial Program By Richard A. Riggs

In Oklahoma Bar Journal mented and the role of Courtroom at the OU Law articles this year I have lawyers in that enterprise. Center, where Christian Her- taken, and will continue to The Oklahoma Bar Foun- itage Academy of Del City take, the opportunity to dation has supported this edged out Ada High School highlight the work of some program with grants in 2008 to capture its second consec- of the Oklahoma Bar Foun- and previous years that total utive Mock Trial champion- dation’s grant recipients. It is more than $700,000. ship. Christian Heritage was only through the great work coached by Jerrid Eischen, a The Mock Trial Program is of its grant recipients that teacher at the school, and sponsored by the Young the foundation carries out its OBA member Jennifer Miller. Lawyers Division of the purpose: Lawyers Transform- Teacher Angie Dean and Oklahoma Bar Association. ing Lives through the Advance- attorney Frank Stout coached For the past 29 years this ment of Education, Citizenship the Ada team. Christian Her- program has given high and Justice for All. itage will now move on to school students opportuni- represent Oklahoma in the Law Day is a particularly ties to participate in mock national competition, which appropriate occasion to rec- legal proceedings under the will be held next month in ognize a grant recipient guidance of teacher and Atlanta. whose mission reflects the attorney coaches. The mock spirit of that day — the trials are heard by judges, in This program is organized Oklahoma High School actual courtroom settings, and operated through a YLD Mock Trial Program. Law and student performance is committee chaired by Jenni- Day is an occasion to cele- evaluated by panels of law- fer Bruner. Other committee brate the rule of law in our yers. Every public and pri- members are Rachel society. In 2009, this celebra- vate high school in Oklaho- McCombs, Marsha Rogers, tion honors the bicentennial ma is eligible to partici- (continued on next page) of Abraham Lincoln’s birth pate. In the 2008 – 2009 and takes note of Lincoln’s competition, 45 teams dedication to the law. The and approximately 720 Mock Trial Program takes students participated. For the past 29 years this message to heart Competition was held throughout the year in not at 26 trial sites under this program has given high only educating young people the supervision of 51 about the law and its role in teacher coaches and 57 school students opportunities our society but also in attorney coaches. The affording them opportunities competition culminated to participate in mock legal for direct experience in see- in the finals held on ing how the law is imple- March 3 in the Bell proceedings...

834 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Erin Moore, Christian statements and, importantly, become an OBF Fellow. Szlichta, Nicole Longwell, detailed scientific and socio- Becoming an OBF Fellow Lindsey Andrews, Dessa logical information regard- entails a modest financial Baker-Inman, Jim Buxton, ing methamphetamine, its commitment, 100 percent of Joe Carson, Christine Cave, effects on users and efforts to which is dedicated to worthy Antonio Jeffrey, Scott Inman, stop its manufacture and law related organizations. Amanda Thrash and Jacob use. The students are chal- What better way is there to Rowe. Integral to the pro- lenged to consider legal con- show the public spirit of gram’s success are the enthu- cepts and their possible Oklahoma lawyers? siastic contributions of application to the factual cir- Mock Trial Coordinator Judy cumstances which, them- In his address to the Young Spencer. Congratulations to selves, may be unclear or Men’s Lyceum on Jan. 27, committee members, staff disputed. This is hard work. 1838, Lincoln issued the fol- and all the teachers, attor- However, it provides the lowing call: neys and judges who gener- kind of challenge that law- …Let reverence for the ously contributed their yers face daily and, for many laws, be breathed by time to make this program a of us, makes the practice of every American mother, success again this year. law interesting. It is unfortu- to the lisping babe, that A testament to the program’s nate that few outside the prattles on her lap — let lasting effect on participants profession appreciate either it be taught in schools, is the fact that four current the nature of this work or its in seminaries, and in committee members partici- difficulty, but I am confident colleges; let it be written pated in the Mock Trial that numbered among those in Primers, spelling Program as students. few are students who have books, and in Almanacs; participated in the Oklaho- If you have any doubt — let it be preached from ma High School Mock Trial about whether the Mock the pulpit, proclaimed in Program. Trial Program imparts an legislative halls, and appreciation of the rule of The Oklahoma Bar Foun- enforced in courts of jus- law and its application, I dation was pleased to sup- tice. And, in short, let it invite you to review the 2008 port the Oklahoma High become the political reli- – 2009 program materials, School Mock Trial Program gion of the nation… which can be found at www. with a 2008 grant of $50,000. The Young Lawyers Divi- okbar.org/public/mocktrial. With interest rates at historic sion of the Oklahoma Bar These are the materials pro- lows, returns on IOLTA Association is heeding this vided to the students as they accounts are expected to be call through the Mock Trial begin their work in the pro- dramatically reduced in Program, and the Oklahoma gram. You will see that this 2009. Accordingly, funding Bar Foundation is honored to year’s case involved a felony of OBF programs through be able to provide financial murder charge relating to the the contributions of OBF Fel- support. Please consider alleged manufacture and lows is more important than how you can join in these possession of methamphet- ever. To further the work of efforts. amine. To prepare their cases, such worthy organizations the students are armed with as the Oklahoma High Richard Riggs is president a wealth of relevant materi- School Mock Trial Program, of the Oklahoma Bar Founda- als, including applicable stat- I encourage you, if you have tion. He may be reached at utes and case law, witness not already done so, to [email protected].

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 835 Fellow Enrollment Form

m Attorney m Non-Attorney

Name: ______(name, as it should appear on your OBF Fellow Plaque) County

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Phone:______Fax:______E-Mail Address:______

__ I want to be an OBF Fellow now – Bill Me Later! __ Total amount enclosed, $1,000 __ $100 enclosed & bill annually “What better way is __ New Lawyer 1st Year, $25 enclosed there to show the public & bill as stated __ New Lawyer within 3 Years, $50 enclosed Spirit of Oklahoma — & bill as stated become an OBF Fellow!” __ I want to be recognized as a Sustaining Fellow & will continue my annual gift of at least $100 – (initial pledge should be complete) __ I want to be recognized at the leadership level of Benefactor Fellow & will annually contribute at least $300 – (initial pledge should be complete)

Signature & Date: ______OBA Bar #: ______Make checks payable to: Oklahoma Bar Foundation • P O Box 53036 • Oklahoma City OK 73152-3036 • (405) 416-7070

OBF SPONSOR:______m I/we wish to arrange a time to discuss possible cy pres distribution to the Oklahoma Bar Foundation and my contact information is listed above.

Many thanks for your support & generosity!

836 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Legal Aid Services of Oklahoma, Inc. FAMILY LAW BASICS - A Seminar for New Attorneys Tuesday, May 5, 2009 Conference Center, OSU Tulsa, 700 North Greenwood, Room 150 MCLE Credit of 7 Hours FREE for Attorneys Actively Serving on a Pro Bono Panel

AGENDA

8:30 a.m. Registration 9:00 - 9:50 Everything You Want to Know About Guardianships by The Honorable Judge Theresa Dreiling, Tulsa County District Court 9:50-10:05 BREAK 10:05-10:55 *A Nuts and Bolts of a Dissolution Case 1 by Julie Goree, Sara Cherry, and Eric Hallett, Attorneys, Legal Aid Services of Oklahoma, Inc. **B Domestic Violence – The Role of Domestic Violence Organizations and Handling Domestic Violence Calls by Patty Raulston, Court Advocate for Safenet in Rogers County and Novale Thompson, Oolagah Chief of Police 10:55 - 11:10 BREAK 11:10 – 12:00 *A Nuts and Bolts of a Dissolution Case 2 by Julie Goree, Attorney, Legal Aid Services of Oklahoma, Inc. **B What’s New in International Family Law by Marianne Blair, Professor, University of Tulsa College of Law 12.00 – 1:15 LUNCH (On your Own) 1:15 – 2:05 Custody by C. Michael Zacharias, Attorney 2:05 – 2:55 Changes in the Child Support Law, Amy Wilson, Attorney for DHS 2:55 – 3:15 BREAK 3:15 – 4:05 What Every Family Lawyer Needs to Know About Immigration Law by Betsy McCormick, Assistant Clinical Professor, University of Tulsa College of Law 4:05 – 5:00 Parenting Plan Conferences and the Child Support Collection Docket by the Honorable Dawn Moody, Tulsa County District Court, and the Honorable Carlos Chappelle, Tulsa County District Court

*A – Basic Track **B – Advanced Track

FREE SEMINAR FOR ATTORNEYS WHO PRESENTLY SERVE OR WHO ARE WILLING TO SERVE ON A LOCAL PRO BONO PANEL ------Registration Form – Family Law Basics Please register me; I am an active member of my local Pro Bono Panel Sign me up as a Pro Bono Attorney and register me for the seminar You may register for this seminar online at http://www.probono.net/ok. You will receive confirmation via email. Materials will be available prior to the seminar at the above website in the Advocate Resource Center Library PRIOR to the seminar. To keep this seminar FREE for all, we’re asking you to take advantage of this web site when you need the materials or print them in your office. The materials are in a password protected area of the site.

Name ______OBA No. ______Phone ( ) ______E-MAIL ______Address ______Street City Zip County Questions? Karen Langdon – 918/295-9422 or [email protected]. You may also mail or fax your registration form to: Karen Langdon, Legal Aid Services of Oklahoma, Inc., 423 South Boulder, Ste. 200 Tulsa, OK 74103, Fax: (918) 584-3060

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 837 ACCESS TO JUSTICE

Students for Access to Justice: Leading through Service By Brad Wilson

On Jan. 19, 2009, the day five years SATJ has connect- half,” she said. “Before I Americans commemorated ed more than 200 law stu- came to law school, I the life of Martin Luther dents with local attorneys, thought pro bono was either King Jr., President-Elect organizations, government the legal aid office or the Barack Obama urged all agencies and courts. public defender’s office. And Americans to act on the slain Through SATJ, law students pro bono is primarily legal leader’s vision. Calling the have volunteered in excess aid and the public defend- nation to public service and of 10,000 hours since the pro- er’s office, but it’s also so leading by example, Presi- gram’s inception. much more. A law degree dent Obama assisted in reno- gives people the chance to vations of a shelter for home- Current SATJ student coor- have an impact on any part less teens. This dual purpose dinators, Suma Ananthaswa- of society they choose, from — calling to service and my, Amy Kamp and myself, the criminal justice system to leading by example — has have volunteered in excess the fine arts to the housing been the mission of Students of 300 hours. Junior coordi- market.” for Access to Justice (SATJ) nator and second-year law Former senior coordinator since its creation in 2004. student Amy Kamp said that and recent OU law school SATJ is the University of SATJ has expanded her graduate Alicia Currin- Oklahoma College of Law’s understanding of pro bono Moore was surprised by the pro bono placement organi- service. “I feel like there is number of students interest- zation. But more than that, it pro bono work available for ed in public service. “Work- is a student-run program every type of lawyer and ing with Students for Access dedicated to promoting a personality, and I’ve learned to Justice has been an invalu- culture of public service how diverse the subject is able experience,” she said. commitment not only over the past year and a “When I first came to law among students but the school, I was apprehensive entire law school com- that there wouldn’t be oth- munity, practicing law- ers at the school who cared yers and the judiciary. A A law degree gives people about public service. I team of three student thought that the other stu- coordinators carries out the chance to have an impact dents would fit into the ste- the daily functions of reotypical mold of a lawyer SATJ. Student coordina- on any part of society they and only care about the tors not only connect financial perks of being a students with rewarding choose, from the criminal lawyer. However, working volunteer placement with the students, faculty opportunities, they also justice system to the fine arts and organizations involved lead by example through with SATJ has proven that volunteering them- to the housing market. the practice of law is filled selves. Over the past

838 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 with people who desire to providing law students with experience to help provide truly be of service to others.” pro bono opportunities over legal assistance to people their winter break. Five stu- who needed it the most. The Each October SATJ sends dents traveled to New trip showed me how reward- a group of OU students to Orleans to assist with the ing a legal career can be and the Equal Justice Works Student Hurricane Network, how much help a lawyer can (EJW) Conference in Wash- ington D.C. EJW is an orga- a national network of law be in the community.” students dedicated to nization dedicated to creat- Though 41 years have advancing the cause of social ing a just society by mobiliz- passed since the death of justice in communities ing law students who are Martin Luther King Jr. on affected by hurricanes committed to equal justice. April 4, 1968, his message Katrina and Rita. The trip The conference allows stu- and example resonate with was repeated over spring dents to learn about impor- Americans today. In his 2006 break when 15 students tant topics affecting civil commencement speech, Gov. returned to New Orleans to rights and public interest Brad Henry was impressed assist with two projects. One law while interacting with that the graduating class of project, designed by the leaders in these fields. the OU College of Law Louisiana Justice Institute, Kayna Stavast-Piper, first- donated more than 2,800 allowed students to assist in year student at the OU Col- hours to law-related services gathering information about lege of Law and recent EJW and said “[t]hat is a wonder- the legal problems faced by Conference attendee, was ful testament to your level of residents and each house in encouraged by the confer- commitment to public ser- Ward 27. The other students ence and her experience. vice… You cannot practice assisted public defenders in law in a vacuum. You must “I really enjoyed the Orleans Parish. opportunity to attend the reach out. You must be con- EJW Conference in Washing- As a third-year law stu- nected to your community. ton, D.C. last October with dent and SATJ student coor- You must practice a profes- SATJ. It was great to learn dinator, I was one of those sion of service, rather than a about different projects students. I had the opportu- business solely for profit. going on around the country nity to conduct initial inter- You must pay your rent of — children’s advocacy pro- views with five inmates at service to others.”1 SATJ grams, work with the Stu- the Orleans Parish Prison continues to provide the dent Hurricane Network in and to familiarize them with students of the OU College New Orleans helping with the procedures followed by of Law with opportunities to the aftermath of Katrina, the Orleans Public Defend- live out Dr. King’s example and the campaign surround- ers Office. I have always of devotion to public service ing Proposition 8 in Califor- had an interest in criminal and justice for each and nia on last November’s bal- justice and this gave me a every individual. lot. Attending the conference tangible, first-hand experi- 1. Gov. Brad Henry, A Profession of Ser- gave me a great perspective ence in that field. vice, 77 Okla. B.J., Sept. 2, 2006, supra note 1. on the various paths a legal Second-year law student Mr. Wilson serves as the career can take, particularly Mike Davis was also placed OBA Law Student Division in the public interest field,” in the Orleans Public representative to the Access to Ms. Stavast-Piper said. Defenders Office. Reflecting Justice Committee and is a stu- In January 2008, SATJ positively on the trip, Mr. dent coordinator for Students expanded its services by Davis said, “It was a great for Access to Justice at OU.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 839 YOUNG LAWYERS DIVISION

This month the YLD is focus- is locally funded and relies ing on two lawyers helping on community volunteers combat children’s cancer. and businesses for support.” TIM MELTON Ted spends roughly 10-15 hours per month overseeing the Ronald McDonald House in Oklahoma City, ensuring that the organization has what it needs to serve the needs of the families who stay. “The Oklahoma City Ron- ald McDonald House, located After about a block away from event was held in Oklahoma Children’s Hospital, provides City at VZD’s, a local restau- 15 rooms where families stay rant. The Web site shows at little to no cost while their Before that the VZD’s event attract- child receives treatment. ed 50 “shavees” and raised Additionally, we just added a Tim Melton has been an more than $37,000 this year ‘Family Room’ inside the hos- OBA member since 1986. He alone. For more information, pital where families are able practices at Collins, Zorn & to donate, or to find an to go and relax during some Wagner PC, specializing in event near you, go to of those long and difficult the areas of civil rights, ADR, www.stbaldricks.org. days where they just aren’t able to leave the hospital,” employment law and school TED LESLIE law. Tim recently participat- Ted said. Ted Leslie, a general prac- ed in an annual St. Baldrick’s Ted said that the most titioner in Edmond, became Celebration. According to its rewarding part about volun- involved with the Ronald Web site, St. Baldrick’s Foun- teering for the Ronald McDonald House of Oklaho- dation is the world’s largest McDonald House is helping ma City after staying at the volunteer-driven fundraising to make life just a little more Ronald McDonald House event for childhood cancer bearable for families having himself when his son was research. Thousands of vol- to endure so much. For more sick and receiving cancer unteers each year shave their information about volunteer treatment, first in New York heads to symbolize solidarity opportunities, e-mail rrose@ and then for several weeks with children with cancer, mahaffeygore.com or go to in Philadelphia. The Ronald and gather donations of sup- www.rmhokc.org. port from friends and family. McDonald House benefits According to the founda- children by providing a tion’s Web site, it has already home away from home raised more than $9 million for families with serious- this year and over $50 ly ill or injured children. million in the nine years Ted has been on the of its existence. Ronald McDonald House “I figured cutting my hair Board for about three off was a pretty small sacri- years and currently fice if it could help raise a serves as the vice presi- few bucks for a very worthy dent in charge of fund- cause. I was more than will- raising. Ted said, “Each ing to help,” Tim said. The Ronald McDonald House

840 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 April Calendar

14 OBA Women in Law Committee Meeting; 24 OBA Board of Governors Meeting; 1 p.m.; 3 p.m.; Oklahoma Bar Center, Oklahoma City and Oklahoma Bar Center, Oklahoma City; Contact: Tulsa County Bar Center, Tulsa; Contact: Deborah John Morris Williams (405) 416-7000 Reheard (918) 689-9281 25 OBA Young Lawyers Division Committee 16 New Admittee Swearing-In Ceremony; Supreme Meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City Court Courtroom; Contact: Board of Bar Examiners and Tulsa County Bar Center, Tulsa; Contact: Rick Rose (405) 416-7075 (405) 236-0478 17 OBA Women in Law Seminar; Reed Center, Midwest 30 OBA Ask A Lawyer; OETA Studios, Oklahoma City & City; Contact: Deborah Reheard (918) 689-9281 Tulsa; Contact: Melissa Brown (405) 416-7017 18 OBA Title Examination Standards Committee OBA Access to Justice Committee Meeting; Meeting; Stroud Community Center, Stroud; Contact: 10 a.m.; Oklahoma Bar Center, Oklahoma City and Kraettli Epperson (405) 848-9100 Tulsa County Bar Center, Tulsa; Contact: Kade McClure (580) 248-4675 20 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City OBA Government and Administrative Law and Tulsa County Bar Center, Tulsa; Contact: Andrea Practice Section Meeting; 4 p.m.; Oklahoma Bar Braeutigam (405) 744-3011 Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Patricia A. Podolec (405) 760-3358 21 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: James Milton (918) 591-5229 May Hudson Hall Wheaton Inn Pupilage Group Seven; 5:30 p.m.; Federal Building, 333 West Fourth 1 Oklahoma Trial Judges Association Meeting; St.; Contact: Michael Taubman (918) 260-1041 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: A.J. Henshaw (918) 775-4613 23 OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City Hudson Hall Wheaton Inn Spring Banquet; with teleconference; Contact: H. Terrell Monks 6 p.m.; Contact: Michael Taubman (918) 260-1041 (405) 733-8686 5 OBA Law-related Education Representative Democracy in America; 11 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Jane McConnell (405) 416-7024 6 OBA Law-related Education Project Citizen Showcase; 8 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Jane McConnell (405) 416-7024 8 OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Amy Wilson (918) 439-2424 11 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Andrea Braeutigam (405) 744-3011 12 OBA Women in Law Committee Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Deborah Reheard (918) 689-9281 13 OBA Professionalism Committee Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Sharisse O’Carroll (918) 584-4192

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 841 14 OBA Bench & Bar Committee Meeting; 12 p.m.; 12 OBA Board of Governors Meeting; Tanglewood Oklahoma Bar Center, Oklahoma City and Tulsa County Resort at Lake Texoma; Contact: John Morris Williams Bar Center, Tulsa; Contact: Jack Brown (918) 581-8211 (405) 416-7000 16 OBA Title Examination Standards Committee OBA Family Law Section Meeting; 3 p.m.; Meeting; Oklahoma Bar Center, Oklahoma City and Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Tulsa County Bar Center, Tulsa; Contact: Kraettli Contact: Amy Wilson (918) 439-2424 Epperson (405) 848-9100 15 OBA Alternative Dispute Resolution Section 19 OBA Civil Procedure Committee Meeting; Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma 2 p.m.; Oklahoma Bar Center, Oklahoma City and City and Tulsa County Bar Center, Tulsa; Contact: OSU Tulsa; Contact: James Milton (918) 591-5229 Andrea Braeutigam (405) 744-3011 OBA Law-related Education Committee 16 OBA Law-related Education Foundations of Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma Democracy Institute; Tulsa; Contact; Jane City and Tulsa County Bar Center, Tulsa; Contact: McConnell (405) 416-7024 Jack G. Clark Jr. (405) 232-4271 OBA Civil Procedure Committee Meeting; 22 OBA Board of Governors Meeting; 9 a.m.; 3 p.m.; Oklahoma Bar Center, Oklahoma City and Oklahoma Bar Center, Oklahoma City; Contact: OSU Tulsa; Contact: James Milton (918) 591-5229 John Morris Williams (405) 416-7000 17 OBA Professionalism Committee Meeting; 23 OBA Young Lawyers Division Committee 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa Meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma County Bar Center, Tulsa; Contact: Sharisse O’Carroll City and Tulsa County Bar Center, Tulsa; Contact: (918) 584-4192 Rick Rose (405) 236-0478 19 OBA Board of Editors Meeting; 2 p.m.; Oklahoma 25 Memorial Day – OBA Closed Bar Center, Oklahoma City and OSU Tulsa; Contact: 28 OBA Access to Justice Committee Meeting; Melissa DeLacerda (405) 624-8383 10 a.m.; Oklahoma Bar Center, Oklahoma City and 20 OBA Title Examination Standards Committee Tulsa County Bar Center, Tulsa; Contact: Kade McClure Meeting; Stroud Community Center, Stroud; Contact: (580) 248-4675 Kraettli Epperson (405) 848-9100 OBA Legal Intern Committee Meeting; 25 OBA Access to Justice Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City 10 a.m.; Oklahoma Bar Center, Oklahoma City and with teleconference; Contact: H. Terrell Monks Tulsa County Bar Center, Tulsa; Contact: Kade McClure (405) 733-8686 (580) 248-4675 29 Oklahoma Bar Foundation Trustee Meeting; 12:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy (405) 416-7070 June

4 OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack Brown (918) 581-8211 5 Oklahoma Trial Judges Association Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: A.J. Henshaw (918) 775-4613 9 OBA Women in Law Committee Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Deborah Reheard (918) 689-9281 11-13 Solo and Small Firm Conference; Tanglewood Resort at Lake Texoma; Contact: OBA Management Assistance Program (405) 416-7008

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

842 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Lawyers Professional Liability Insurance Navigating Through Troubled Waters

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NOTICE JUDICIAL NOMINATING COMMISSION ELECTIONS CONGRESSIONAL DISTRICTS 5 AND 6

District No. 5 District No. 6 District No. 6 Oklahoma (Part)* Custer Logan Dewey Major District No. 6 Ellis Noble Alfalfa Garfield Payne Beaver Grant Roger Mills Beckham Harper Texas Blaine Kay Woods Canadian Kingfisher Woodward Cimarron Lincoln

Nominations for election as members of the Judicial Nominating Commission from Congressional Districts 5 and 6 (as they existed in 1967) will be accepted by the Executive Director until 5:00 p.m., May 15, 2009. Ballots will be mailed on June 5, 2009 and must be returned by 5:00 p.m. on June 19, 2009. Visit www.okbar.org for forms and additional information

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 843 FOR YOUR INFORMATION

SAVE THE DATE

Friday, May 8, 2009 2:00 p.m. Welcoming Ceremony For the Honorable Vicki Miles-LaGrange As the new chief judge for the U.S. District Court for the Western District of Oklahoma Third Floor Ceremonial Courtroom United States Federal Courthouse 200 NW 4th Street • Oklahoma City

Lawyers Visit with Legislators More than 300 bar members attended the 2009 OBA Day at the Capitol last month, a day dedicated to discussing issues that concern the OBA with state legislators. OBA President Jon Parsley held a news conference at the Capitol to address the bills and resolutions introduced during this legislative session that deal with the legal system. Bar members head to the state Capitol en masse to meet with their state legislators.

President Jon Parsley, Sen. Charlie Laster and Rep. Ryan Kiesel visit at the evening reception at the bar center.

844 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Do You Tweet? OBA Member Resignations The following OBA members have resigned as members of the association and notice is hereby given of such resignation: Burton Wallace Bowers OBA No. 13250 P.O. Box 93 Ottawa, KS 66067-0093 Aimee Perilloux Fagan OBA No. 20926 McKool Smith PC If you know what “tweeting” is, then you 300 Crescent Ct., Suite 1500 should be following the OBA on Twitter. Dallas, TX 75201 That’s right, the OBA has taken the social media plunge and now has two Twitter Randolph M. Hammock accounts - @OklahomaBar for the latest OBA No. 19616 OBA news and @OBACLE for CLE seminar 3913 Bentley Ave. updates. Check out these two sites at Los Angeles, CA 90064 http://twitter.com/oklahomabar and http://twitter.com/obacle, and be sure OBA Member Reinstatement to follow us. The following OBA member suspended for If you’re wondering what Twitter is and nonpayment of dues has complied with the how you can apply it to your law practice, requirements for reinstatement, and notice is get the story at www.okbar.org. hereby given of such reinstatement: Leona Irene Shoffit OBA No. 19570 3248 NW 42nd St. Oklahoma City, OK 73112

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Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 845 BENCH & BAR BRIEFS

Oklahoma Merit Protection Commission (OMPC). She will help facilitate proper implementation of the Okla- homa Personnel Act and other Oklahoma statutes, everal bar members will be which were enacted to pro- Shonored by OCU School of tect public employees from udge Jacqueline P. Dun- Law at The Legal Affair 2009, the improper use of authori- Jcan, Custer County associ- held at the Skirvin Hotel in ty, stop unwarranted assaults ate district judge, is retiring Oklahoma City on April 25. on personal employee integ- at the end of April. A recep- Recipients are William R. rity and enforce the protection was held in her honor “Bill” Burkett, Marian P. tion of classified employees. on March 26. Opala Award for Lifetime raig Bryant, who is in an Nunley announces Achievement in Law; Cathy Cthe U.S. Foreign Service, Dthat his firm, the Law Christensen, Service Award; was selected to participate in Office of Daniel C. Nunley, Richard E. Coulson, Distin- the State Department’s Pear- has moved to 1216 E. Keno- guished Law Alumnus; son Congressional Fellow- sha St., Suite 200, Broken Donna Suchy, Outstanding ship program. He will serve Arrow, 74012; (918) 615-8260; Young Alumna; and Hall, for one year as an adviser on www.nunleylaw.com. Mr. Estill, Hardwick, Gable, Gold- foreign policy, defense and Nunley’s practice is limited en & Nelson PC will be hon- international trade issues in to the representation of debt- ored with the Law Firm Mark the office of U.S. Sen. Robert ors in consumer bankruptcy of Distinction. Menendez of New Jersey. and FDCPA violations. he Oklahoma Court Keith McFall has been rish Morris, formerly TAppointed Special D. appointed to serve on Tdistrict counsel at the Advocates Association has the 2009 Governor’s Interna- Jacksonville District of the honored two bar members tional Team, which consists U.S. Army Corps of Engi- for their efforts to help of 35 board members who neers, has been promoted as abused and neglected chil- assist and advise the Okla- an associate deputy general dren. The honorees, who homa offices of the Gover- counsel with the Army received awards at an nor, Lieutenant Governor, General Counsel’s Office awards banquet March 27, Secretary of State, Oklaho- (Installations, Environment are Oklahoma County Juve- ma Legislature, and Oklaho- and Civil Works) at the Pen- nile Judge Stephen P. ma Department of Com- tagon. Ms. Morris will han- Alcorn, Judge of the Year; merce-International Trade dle national issues involving Army civil works and the and Debbie Vincent of Still- and Investment Division, Clean Water Act and Section water, Attorney of the Year. with respect to international 404 regulatory programs. matters. ike Voorhees has been She is an Army Reserve JAG Melected secretary of the arry D. Ottaway was officer, who has served on Oklahoma City Community Linducted as a fellow in active duty with CENTCOM College Board of Regents. He the International Society of in Afghanistan (2002-2003) has also been elected clerk of Barristers during its annual and Iraq (2003-2004). She the Board of Trustees of the meeting in Scottsdale, Ariz., was awarded a Combat South Oklahoma City Area in March. The society seeks Action Badge during her School District. to honor the role of the trial service in Afghanistan and lawyer in the justice system. a Bronze Star for her service yrona Maule was in Iraq. Bappointed to serve on the

846 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 racy L. George was Harrison obtained his bache- town University Law School Tnamed as the general lor of arts degree from OU in in 1989. Since entering pri- counsel of the Oklahoma 1993, his master’s in science vate practice in 1989, he has Pardon and Parole Board in degree in criminology from concentrated his practice in May 2008. She will supervise OCU in 1995 and his J.D. all areas of federal and state legal matters for the board. from TU in 2005. While at taxation, trusts and estates, Prior to this, she was an TU, he served as executive mergers and acquisitions, administrative law judge for editor for the Tulsa Law Jour- business formations, tax the appellate division of the nal. His practice focuses on litigation and tax-exempt Oklahoma Employment civil and commercial litiga- organizations. Security Commission. tion, medical corporate and ames Harvey, patent attor- administrative representa- ee Mee Hoge & Epper- ney with the firm of Har- tion, and catastrophic injury J son PLLP announces vey & Associates PC, recently M litigation. Ms. Maple that Thomas McLemore and left the law firm of Doerner obtained her bachelor of sci- Daniel Stringer have joined Saunders Daniel & Anderson ence degree from Wesleyan the firm as associates. Mr. LLP in Oklahoma City to College in 1995 and her J.D. McLemore received his open a private office in Nor- from TU in 1998. While at B.B.A. from Southwestern man. Mr. Harvey has been TU, she served as notes and Oklahoma State University practicing law in the local comments research editor for in 2003. He received his J.D. area for the past 14 years in the Tulsa Law Journal and from OCU School of Law in the field of intellectual prop- was awarded the CALI 2006, where he graduated erty. He may be reached at Excellence for the Future magna cum laude and (405) 447-4934 or jfharvey@ Award in Civil Procedure II served as a member of the weblawman.com. and Evidence. Her practice OCU Law Review. His legal focuses on civil and commer- elson, Roselius, Terry, practice focuses on the areas cial litigation, labor and O’Hara & Morton of civil litigation, probate, N employment law, and credi- announces that Chad E. estate planning and adminis- tors’ rights. Ihrig has been named a part- tration, business planning, ner in the firm and Kevin C. and legal and housing mat- aria Mercedes (Jack- Cunningham recently joined ters regarding Greek letter Mson) Seidler took a sab- the firm as an associate. Mr. organizations. Mr. Stringer batical after practicing energy Ihrig joined the firm as an received his B.S. in electrical law for 20 years to earn her associate in 2004. Currently, engineering from Oklahoma master’s in environmental his primary practice includes Christian University in 2004, management from Yale Uni- insurance litigation and class where he graduated magna versity in 2007. She partici- action litigation. He graduat- cum laude. He received his pated in the first Yale Alumni ed from OSU in 1998 with J.D. from OCU School of in Energy Conference on a his B.S. in business adminis- Law in 2008, where he was panel addressing Electricity tration. He received his law on the dean’s list and Generation and Distribution degree from OU in 2002. Mr. received the CALI Award in in March. She is presently Cunningham graduated Patent Law. Prior to attend- serving as senior counsel for from OU in 2004 with a ing law school, he worked in Dominion Resources Inc. in bachelor of business admin- the private engineering field Richmond, Va. istration. He received his law and will incorporate his oerner, Saunders, Daniel degree from OCU in 2008. engineering background into & Anderson LLP his legal profession. D rowe & Dunlevy recently announces that Jeffrey C. Cannounced the addition he Tulsa law firm of Her- Rambach is of counsel for of Geren Steiner as a direc- Trold Herrold & Co. Law- the firm. He received his tor in the firm’s Oklahoma yers PC announces that bachelor of science degree City office. Mr. Steiner will Andrew T. Harrison has from Boston University in focus his practice in the area been named a shareholder 1983, his law degree from of commercial litigation, and director of the firm and Tulane University Law with particular focus on con- Monica L. Maple has joined School in 1986 and an LL.M. struction, real estate, anti- the firm as an associate. Mr. in taxation from George- trust and products liability

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 847 litigation. He was previously associate general counsel New ADA and Oklahoma’s employed by Crowe & Dun- and assistant secretary for Workers’ Compensation Act” levy from 2000 to 2004. For Oklahoma City-based Gulf- to business groups at the the past four years, he was port Energy Corp. South Oklahoma City Cham- employed by Domain Prop- ber of Commerce, the Great erties Ltd LC, a real estate Plains Technology Center investment and management (Lawton) and the Central company in Oklahoma City. Oklahoma Manufacturers Association. He is also ove’s Travel Stops and scheduled to present “From Country Stores Inc. L the Boardroom to the Court- announces that Tim J. Doty II room: Oklahoma Labor Liti- has joined the company as gation 2009” at the Oklaho- corporate legal counsel. Mr. CO professor Marty ma CareerTech Customized Doty earned a B.S. in busi- Ludlum recently gave Business and Industry Train- ness administration from U a presentation on the Vance ing Services Conference in Kansas State University and v. Judas Priest case to the Ponca City. received his J.D. from OU in Southern Academy of Legal 2006. His practice will focus evin P. Freeman made a Studies in Business in San on commercial transactions webinar presentation on Antonio, Texas. K in a variety of practice areas Contractual Risk Transfer including retail store opera- ill Wells recently pre- presented by AEGIS Insur- tions and fuel trading, sup- Bsented “Crossfire: Navi- ance Services Inc. in Newark, ply and distribution. Prior to gating the New FMLA, the N.J., last month. joining Love’s, Mr. Doty was

How to place an announcement: If you are an OBA member and you’ve moved, become a partner, hired an associate, taken on a partner, received a promotion or an award or given Do Your Next Mediation a talk or speech with statewide or national In Bricktown stature, we’d like to hear from you. Informa- With John Hargrave or David Cole tion selected for publication is printed at no cost, subject to editing and printed as space permits. Submit news items (e-mail strongly preferred) in writing to: Melissa Brown Communications Dept. Oklahoma Bar Association 7 S. Mickey Mantle Drive, 2nd Floor P.O. Box 53036 Oklahoma City, OK 73104 Oklahoma City, OK 73152 (405) 416-7017 (405) 272-0322 Fax: (405) 416-7089 or (Above Mickey Mantle’s Steakhouse) E-mail: [email protected] Articles for the May 9 issue must be Over 65 Years Combined received by April 20. Litigation and Mediation Experience

848 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009

Vol. 80 — No. 9 — 3/28/2009 The Oklahoma Bar Journal IN MEMORIAM

ary Martha Bruehl of community, she was a found- enry C. Franke of Pied- MNorman died March 16. ing board member and past Hmont died March 5. He She was born July 17, 1945, in chair of the Norman Econom- was born Jan. 28, 1923, in Chi- Shawnee. She graduated from ic Development Coalition cago. He joined the Army Norman High School and and served on the Norman Air Corps (now Air Force) in was a former Junior Miss Chamber of Commerce World War II, and served as Oklahoma. She received a board. She was also a found- a crew member on B-29 master’s degree in speech ing board member of the bombers stationed in Guam, pathology and earned her J.D. Norman Community Foun- flying missions bombing from OU in 1979. She was an dation, served on the Bench Japan. After the war, he used avid reader and loved spend- and Bar Advisory Committee the GI Bill to attend college and graduated from OCU ing time in Jasper, Colo., and for the OU College of Law, caring for her grandchildren. School of Law in 1955. He was on the OU College of worked most of his career in Memorial contributions may Arts and Sciences Board of be made in her name to St. insurance claims and manag- Visitors and a graduate of ing rental property he owned. Joseph’s Catholic Church, 421 Leadership Oklahoma. E. Acres, Norman, 73071. He loved flying and bought ustin R. Deaton Jr. of and sold airplanes as a hobby. heri D. Cartwright of AAda died March 11. He He also enjoyed boating and CNorman died March 31. was born March 3, 1926, in motorcycles. She was born April 16, 1946, Allen. He lived in the Ada aniel F. Lalli of McAles- in St. Louis. She graduated area most all his life. He grad- Dter died Feb. 18. He was from University High School uated from Ada High School, born Jan. 26, 1941, in Oklaho- in Norman, earned a bache- attended East Central Univer- ma City. He graduated from lor’s degree in English from sity and graduated from the St John’s Catholic School. He OU in 1978 and a law degree OU College of Law in 1951. received his bachelor’s degree from OU in 1981. She began He was a partner in the law and J.D. from TU. He was working for Sarkeys Founda- firm, Deaton, Davison and admitted to the OBA in 1990. tion in 1979 as the assistant to Kessinger. He practiced law He worked as an attorney in the executive director and in Ada for more than 50 McAlester and as a realtor. was named executive director years. He served in the U.S. He was a past president of in 1993. She led the private Army. He was Chairman of the McAlester Board of Real- charitable foundation from tors and owned and operated assets of $25 million to more the Oklahoma Judicial Nomi- nating Commission serving Lalli School of Real Estate, than $100 million. She was teaching agents, brokers and from 1977 to 1983. Memorial responsible for a grant mak- appraisers. He also was an ing program of approximate- contributions may be made to Exalted Ruler of the Elk’s ly $4 million per year. She the American Cancer Society, Lodge No. 533, McAlester. also worked as an adjunct 6525 N. Meridian, Suite 110, icki Joyce Perkins of professor for OU teaching Oklahoma City, 73116 or to Tulsa died March 25. She introductory courses on the East Central University V was born Oct. 5, 1954. She nonprofit organizational Foundation, ECU Box Y-8, Ada, 74820. graduated from the TU management. Active in the College of Law in 1992.

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 849 In Memoriam: 1980 OBA President Leslie L. Conner Jr.

1980 OBA President Leslie Lynn Conner Jr. of Edmond died March 13. He was born July 15, 1939, in Oklahoma City. He graduated Northwest Classen High School in 1957. He graduated from OU with honors, 1961, then received his LL.B. law degree, 1963. He was a member of Beta Theta Pi. Mr. Conner’s military service included duty as a judge advocate in the Strategic Air Command, 1963-1966, plus 22 years in the U.S. Air Force Reserves, 1961-1983, during which he received both the Air Force Commendation Medal and Air Force Meritorious Service Medal. He retired as a Lieutenant Colonel. His legal career was the manifestation of his desire to serve others. His leadership helmed the Oklahoma City law firm of Con- ner & Little from 1966 to 1990. Thereafter, he was of counsel with Little & Morgan, 1990- 1992, and on his own as Leslie L. Conner Jr. PC from 1992 until his death. His judicial and arbitration experience included the Oklahoma City Municipal Court (special 1939 - 2009 judge, 1990-1996), the NYSE (commercial arbitrator, 1971-2009), the Oklahoma State Insurance Commission (hearing examiner, 1995-2009) and the Oklahoma State Department of Education (fact-finder and hearing officer, 1993-2009). His community involvement included serving on the board of trustees of Heritage Hall School (president, 1979-1982) and the board of directors for the First State Bank of Jones (1972-2009), where he had just become chairman of that board. He also served his church, the United Methodist Church of Nichols Hills, where he had been a member since 1963 and had served in a variety of capacities, including as a lay leader. Travel was one of his favorite pastimes, and he was especially fond of northern New Mexico with friends and the coast of Maine with family. A connoisseur of fine foods, he loved a good cigar with a glass of port. He collected jokes and part of his service to others was always having a humorous thought or story at hand to make someone smile. He is survived by his wife of 49 years, Nancy Conner; sister Pat Coggan of Dallas; three children: Debbie Hembree of Ft. Smith, Ark.; Lauren Delpesce of Des Moines, Iowa; and Thomas Conner of Chicago; and four grandchildren: Lawson Hembree V, Christopher Hembree, Ashley Delpesce and Keller Delpesce. Memorial contributions may be made to the United Methodist Church of Nichols Hills, 1212 Bedford Drive, Oklahoma City, 73116, or to Epworth Villa, 14901 N. Pennsylvania, Oklahoma City, 73134.

850 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 OAMA 2009 SPRING CONFERENCE Oklahoma Association Registration Fee: OAMA members - $75 (lunch included) of Municipal Attorneys Non-members - $100 Purchase Order No.______SPRING CONFERENCE Check Enclosed Please Bill April 24, 2009 • 8:30 a.m. – 4:50 p.m. Please duplicate form OSU Alumni Center, 201 ConocoPhillips, Stillwater for additional registrants.

WORKSHOP SESSIONS Name & Title Regulation & Enforcement of Dangerous Dogs Municipality Right-of-Way Acquisition & Condemnation Address Legislative Update City/Town & Zip Nuts & Bolts of Zoning Law with Focus on Issues Related to Cell Tower Location & Regulatory Takings E-Mail Address Conflict of Interest: Who Does the City Attorney OBA# Represent MAIL this form to arrive no later than Fri- Water Issues Panel day, April 17, to OAMA, 201 N.E. 23rd, Oklahoma City, OK 73105, or FAX to 405- For a membership application, 528-7560. For a full refund, cancellations call OAMA, 1-800-324-6651 long distance must be received in writing no later than Monday, 20. Cancellations made after that or 528-7515 in the OKC metro area. time will receive only a 50% refund. No can- This course has presumptive approval of the cellations will be accepted the day of the Oklahoma Bar Association Mandatory Legal Education Commission meeting. All registrants will be billed. Reg- for 6 hours CLE credit of which 1 hour is credit covering istration is considered confirmation to at- professional responsibility, legal ethics, or legal malpractice. tend.

NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: District Judge Fourteenth Judicial District, Office 6 Tulsa County, Oklahoma This vacancy is due to the retirement of the Honorable Gordon D. McAllister, effective July 1, 2009. To be appointed to the office of District Judge, Office 6, Fourteenth Judicial Dis- trict, one must be a registered voter of Tulsa County Electoral Division Two 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 by contacting Tammy Reaves, Administrative Office of the Courts, 1915 North Stiles, Suite 305, Oklahoma City, Oklahoma 73105, (405) 521 2450, or on line at www.oscn.net and must be submitted to the Chairman of the Commission at the same address no later than 5:00 p.m., Friday, May 1, 2009. If applications are mailed, they must be postmarked by midnight, May 1, 2009. Robert C. Margo, Chairman Oklahoma Judicial Nominating Commission

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 851 CLASSIFIED ADS

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852 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 POSITIONS AVAILABLE POSITIONS AVAILABLE IMMIGRATION LAWYER NEEDED for busy law LEGAL ASSISTANT NEEDED. Small firm; big respon- practice. Would handle both family based and business sibilities. Two attorney AV-rated litigation firm needs cases. Some travel will be required. Competitive salary experienced Legal Assistant. Successful applicant will and production bonuses paid. Please send resume and manage 60-80 files. Insurance defense experience and summary of experience to “Box D,” Oklahoma Bar As- proficiency in WordPerfect and Amicus preferred. Your sociation, P.O. Box 53036, Oklahoma City, OK 73152. resume will be kept strictly confidential. Please send resume to “Box Q,” Oklahoma Bar Association, P.O. AV RATED TULSA FIRM McDaniel, Hixon, Longwell Box 53036, Oklahoma City, OK 73152. & Acord, PLLC seeks an associate with 2-3 yrs. experience who is eager to be a contributing member of a suc- PARALEGAL: UP TO $41.8K + state benefits package. cessful litigation team. Candidate must possess excel- BA/BS or 4 yrs exp as paralegal or an equivalent com- lent research and writing skills, a proactive outlook bo of education & experience. Preference for: paralegal and strong decision-making abilities. Top 25% of grad- cert, fed appellate exp, legal research exp & case man- uating class preferred. Compensation package com- agement exp. Download application & questionnaire mensurate with experience. Resume, cover letter, class from website. Deadline: April 17th. OK Health Care rank and writing sample must be included for consid- Authority. Attn: Human Resources, 4545 N. Lincoln eration. Email information to [email protected] or Blvd., Ste. 124. OKC, OK 73105 [email protected]. fax to (918) 382-9282. ok.us. Web site www.ohca.state.ok.us. EOE AV RATED LIBERAL, KANSAS FIRM seeks an attorney ASSOCIATE ATTORNEY: Downtown Oklahoma City with 2-5 years experience to join its general practice. Must AV rated commercial law firm is seeking an associate have strong academic record, writing skills and ability to attorney with up to 5 years experience for business liti- work independently. Send resume in confidence to: Sharp gation. Excellent academic credentials and writing McQueen, P.A., P. O. Box 2619, Liberal, KS 67905-2619. skills are mandatory. Competitive salary and benefits ADVANCE YOUR LEGAL CAREER at Liberty Mutual are available. Applicants are encouraged to send a re- – the Oklahoma City field legal office is looking for an sume, law school transcript, writing sample and list of attorney. Applicant should have 1 – 4 years’ experience references to “Box N,” Oklahoma Bar Association, P.O. as an attorney, with jury experience preferred in per- Box 53036, Oklahoma City, OK 73152. sonal injury or insurance defense. Computer skills are required, as well as good organizational skills. We THE OKLAHOMA STATE DEPARTMENT OF offer a comprehensive benefits plan. Please apply at HEALTH, Office of General Counsel and the Health www.libertymutual.com. Search for job #05803. Law Section of the Oklahoma Bar Association, is EXTREMELY BUSY SOCIAL SECURITY FIRM seeks accepting applications for a Legal Intern position Attorney. Applicants must have Trial experience, be funded by a grant underwritten by the OBA Health able to handle a large volume of cases and be familiar Law Section. This is a 10-week full time seasonal/tem- with listings and grids. Must have strong communica- porary position, starting on June 1, 2009, and ending tion skills, work ethic and be willing to travel. Position on August 7, 2009. The Intern will spend 2 weeks with will require lots of energy and competence. Competi- the Office of Administrative Hearings. The remainder tive salary based on experience. Please send resume to of the internship will be spent learning the various “Box I,” Oklahoma Bar Association, P.O. Box 53036, practice areas in the Office of General Counsel, what Oklahoma City, OK 73152. the functions of each area of the Department are, and how the General Counsel’s office interacts with and LEGAL SECRETARY/ACCOUNTING CLERK: Okla- supports these agency functions. Position requires homa office of a national firm seeks a legal secretary general knowledge of electronic research and drafting with an accounting background. Responsibilities will of legal memoranda, briefs and correspondence. Can- include preparing documents, reception coverage, an- didate should have interest in practicing in health care swering phones as needed and performing all tasks law and be willing to perform a wide range of related requested by supervising attorneys. Microsoft Word, tasks. Education and experience: student entering Sec- Excel, Outlook and typing 65+ wpm required. Bank ond or Third year at accredited law school, top 50% of reconciliation, financial reporting and accounts receiv- class. Prior experience and/or Intern’s License helpful able/payable experience necessary. Salary commensu- but not required. Demonstrated legal writing skills are rate with experience. Full benefit package. Mail resume necessary. This is a paid internship at $15.00/hr. with to: 117 Park Avenue, 2nd Floor, Oklahoma City, OK no benefits. To apply, send resume, law school tran- 73120 or e-mail: [email protected]. script, and writing sample to: Tom L. Cross, Deputy General Counsel, 1000 N.E. 10th Street, Room 206, NW OKC AV RATED FIRM with practice areas of liti- OKC, 73117, or email to [email protected]. Applica- gation, probates, guardianships, business and commer- tion period closes April 24, 2009. Qualified candidates cial law seeks associate with 3-6 years of experience will be interviewed by a panel comprised of represen- with exceptional research and writing skills and para- tatives of the General Counsel office and the OBA legal with over 4 years of civil litigation experience. Health Law Section. Send resume and salary requirements in strictest confidence to [email protected].

Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 853 POSITIONS AVAILABLE PROGRAMS BUSY PERSONAL INJURY, general litigation and IMMIGRATION LAW BASIC TRAINING SEMINAR. workers compensation firm seeking associate attorney, Basic. Intensive. Practical. Comprehensive. Energiz- preferably with 3 to 5 years experience. Offices in Okla- ing. Designed for private-practice attorneys and non- homa City and Woodward. Associate can work from profit legal personnel. Family immigration, natural- either location at his or her preference. Also, we have ization, asylum, other immigration programs, VAWA, extra offices in Oklahoma City facility and would con- U visa, deportation defense, federal habeas, appeals. sider office sharing arrangement with established small 10th annual seminar. Des Moines, Iowa. June 8 - 12, firm. Send resume and/or inquiries to Halley & Talbot, 2009. Email info@midwestlegalimmigrationproject. 13901 Quail Pointe Drive, Oklahoma City, OK 73134. com; website: MidwestLegalImmigrationProject.com; Ph: (405) 602-5600. phone: (515) 271-5730. TWENTY-TWO LAWYER AV-RATED TULSA FIRM seeking experienced corporate paralegal to assist in the BOOKS preparation and filing of SEC materials and to support all aspects of merger and acquisition transactions, in- THE LAWBOOK EXCHANGE, LTD. Buys, sells and cluding due diligence, document preparation, closing appraises all major law book sets. Also antiquarian, mechanics and post-closing organization. The candidate scholarly. Reprints of legal classics. Catalogues issued in print and online MasterCard, Visa should be detail-oriented, have strong organization and AmEx. (800) 422-6686; fax: (732) 382-1887; skills, be independently motivated and able to work as www.lawbookexchange.com. part of a team. Box “V,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152. FOR SALE: COMPLETE AND UP TO DATE SET of Oklahoma Statutes annotated with 2009 pocket parts ATTORNEY (UNCLASSIFIED SERVICE) Open until and indices. $500.00 O/B/O plus shipping, if required. filled. Salary: $41,139.60 Annually + state benefits. The Greg Johnson, (580) 224-2770 or (580) 504-0982. Oklahoma Council on Law Enforcement Education and Training (CLEET) is seeking an attorney to process private security and peace officer actions; present cases at hearings and handle appeal proceedings concerning disciplinary actions, conduct legal research as assigned; and serve as back-up instructor for basic and continuing education courses (statewide travel required). Must be licensed to practice law in Oklahoma. Position requires knowledge of the Administrative Procedures Act and the ability to use Word or Word Perfect. Previ- ous experience in criminal law is desirable. Submit letter of application, resume, writing sample, and names/ CIVIL-COMMERCIAL addresses of three references to CLEET, 2401 Egypt Road, Ada, OK 74820. Applications will be accepted MEDIATION TRAINING until the position is filled. CLEET is an equal opportunity, affirmative action employer. OKC • May 13 — 15 CLASSIFIED INFORMATION Approved for 24 hours of M.C.L.E. credit CLASSIFIED RATES: One dollar per word per insertion. Minimum charge $35. Add $15 surcharge This course is lively and highly participatory per issue for blind box advertisements to cover and will include lecture, group discussion, and forwarding of replies. Blind box word count simulated mediation exercises must include “Box ____ , Oklahoma Bar Cost: $595 includes all materials Association, P.O. Box 53036, Oklahoma City, OK 73152.” Display classified ads with bold This course is specifically designed for attorneys headline and border are $50 per inch. See www.okbar. interested in developing a mediation practice or org for issue dates and Display Ad sizes and rates. enhancing their skills in the ADR area DEADLINE: Tuesday noon before publication. This course fulfills the training requirements set forth Ads must be prepaid. Send ad (e-mail preferred) in In the District Court Mediation Act of 1998 writing stating number of times to be published to: Jeff Kelton, Oklahoma Bar Association Contact: P.O. Box 53036, Oklahoma City, OK 73152 E-mail: [email protected] The Mediation Institute Publication and contents of any advertisement is not (405) 607-8914 to be deemed an endorsement of the views expressed therein, nor shall the publication of any advertisement James L. Stovall, Jr. be considered an endorsement of the procedure or 13308 N. McArthur service involved. All placement notices must be clearly Oklahoma City, OK 73142 non-discriminatory.

854 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 855 THE BACK PAGE Brownie the Thrush By B.J. Brockett

t’s early morning nest in a patch of small English pea. But Miracle Bread.” I in late December, bushes on the golf it grew, and soon it might even raise Ionly a few days course, which adjoins was the size of a large enough money to pay from the new year. I our backyard. They peanut, protruding my taxes, which inci- couldn’t sleep, so I got come often to the feed- from the side of the dentally is why I up early, although the ers, and they love to thrush’s head. couldn’t sleep late. weather is conducive scratch around in the I wonder if the gov- I told my wife that to staying in bed and flower beds. They ernment ever has “Brownie” (that’s sleeping late. There is raise their young and sleepless mornings what we called him or snow on the ground. leave in the fall. I sup- worrying about how her and I’ll just call The trees and bushes pose they fly south, its citizens can pay Brownie a “her” for are heavy with ice. like any sensible bird their taxes? convenience) wouldn’t Their limbs and would do. So why be with us much Brownie doesn’t branches sag under didn’t this thrush longer. She surely have to worry about the weight of it. And depart for a warmer wouldn’t survive paying taxes. She just it’s cold – I mean real- climate? whatever had afflicted has to worry about all ly cold. The weather- I can only guess, but her. But I was wrong. the competition for the men are saying that it may have to do with Not only has Brownie cornbread. Speaking this is the coldest and a large tumor on the survived, but the of old Brownie, there worst winter storm on left side of its head, tumor has almost she is now, just out- record for Oklahoma. below its eye and disappeared. side my window, I bundle up and pre- behind its long, point- perching on the frozen I really believe that pare to put out feed ed beak. When I first vines of an abelia my wife’s cornbread for the birds, my own saw him or her (males bush. I never noticed gave old Brownie a mixture of white mil- and females are indis- until just now, but her new lease on life. I’m let, milo and sunflow- tinguishable), the beak doesn’t com- now thinking about er seeds. I crumble up tumor was fairly small, pletely close. It closes packaging it and sell- some cornbread as an about the size of a at the point, but I see ing it as “Jeannie’s extra treat. My wife light between the bakes it especially upper and lower for the birds. She halves. It reminds puts plenty of oil in me of a lawyer I it. And the birds know. He can’t shut love it, especially a his beak either. brown thrush that Mr. Brockett prac- forgot to migrate. tices in Oklahoma I first noticed the City. brown thrush sev- Editor’s Note: Have eral weeks ago; I a short, funny, told my wife then intriguing or inspir- that this was ing story to share? unusual. The E-mail submissions thrushes come in to [email protected]. the late spring to

856 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009