Annual Meeting Tribal Hunting and Fishing Regulatory

Volume 86 u No. 24 u Sept. 12, 2015

ERIC LIU CEO, Citizen University Annual Luncheon Keynote Speaker

AWARDS • BAR BUSINESS • CLE • SOCIAL EVENTS 8:30 a.m. Registration

9:00 a.m. Leading from the Bar Renee DeMoss, Tulsa Linda Thomas, Bartlesville Jennifer Castillo, Oklahoma City

10:30 a.m. Break

10:00 a.m. Women, the Legislature & the Law Emily Virgin, Oklahoma House of Representatives Kaye Floyd, Oklahoma Senate

10:50 a.m. Leading Within Our Communities Gail Stricklin, Oklahoma City Cindy Goble, LASO Karen Rieger, Oklahoma City Kathy Taylor, Tulsa

11:40 a.m. Lunch and Mona Salyer Lambird Spotlight Awards Presentation Keynote: Fearless Leadership Carey Lohrenz, First Female Tomcat F-14 Fighter Pilot

1:30 p.m. Leading Oneself Carey Lohrenz Jari Askins, former Special District Judge, State Representative, 2015 Women in Law Conference Lt. Governor Valerie Couch, Dean, Oklahoma City University School of Law FEARLESS 2:20 p.m. Break 2:30 p.m. Leading from the Bench Moderator: Sonja Porter, Oklahoma City LEADERSHIP and Board of Governors member Retired Justice Reta Strubhar, Yukon Presented by OBA/CLE and the OBA Women in Law Committee Judge Robin Cauthron, United States District Court of the Western District Deborah Barnes, Civil Court of Appeals Patricia Parrish, District Court Judge, Oklahoma County

SEPTEMBER 18, 2015 3:20 p.m. Ethical Leadership Embassy Suites Downtown/Medical Center Debbie Maddox, Assistant General 741 North Phillips Avenue, Oklahoma City Counsel, OBA 4:10 p.m. Adjourn

Program Planners/Moderators: CLE CREDIT: This course has been approved by the Kimberly Hays, OBA Women in Law Chair, Tulsa Oklahoma Bar Association Mandatory Continuing Legal Briana Ross, OBA Women in Law Vice-Chair, Tulsa Education Commission for 6 hours of mandatory CLE credit, including 1 hour of ethics.

ThereThe will be an informal reception from 5 – 7 p.m. at the TUITION: $140 for CLE and luncheon early-bird registrations with payment received at least four full business days prior to Embassy Suites in the Everest Ballroom on Thursday, Sep- the seminar date; $40 for luncheon only. A fee of $25 will be tember 17. Room reservations may be made by calling the assessed for registrations within four full business days; $50 for walk-ins. To receive a $10 program discount (available for Embassy Suites, (405) 239-3900. the full-day program only), register online at www.okbar.org/members/cle.

This course has been approved by the Oklahoma Bar CANCELLATION POLICY: Cancellations will be accepted at Association Mandatory Continuing Legal Education any time prior to the seminar date; however, a $25 fee will be charged for cancellations made within four full business days Commission for 6 hours of mandatory CLE credit, of the seminar date. Cancellations, refunds, or transfers will including 1 hour of ethics. not be accepted on or after the seminar date.

1810 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 Theme: pg. 1839 OBA Annual Meeting Tribal Hunting and Fishing Regulatory

De partments contents From the President Sept. 12, 2015 • Vol. 86 • No. 24 1812 1853 From the Executive Director 1855 Law Practice Tips 1859 OBA Board of Governors Actions 1861 Oklahoma Bar Foundation News 1863 Young Lawyers Division 1866 Calendar 1868 For Your Information 1870 Bench and Bar Briefs 1871 In Memoriam 1872 Editorial Calendar 1873 In Memoriam: 1991 OBA President R. Forney Sandlin 1876 What’s Online 1880 The Back Page

pg. 1845 New Discovery Master Law Features 1814 Annual Meeting Highlights Plus 1816 Eric Liu: Luncheon Keynote Speaker 1834 Initiative Petitions in Oklahoma: Existing Process and Possible Revisions 1817 Program of Events By D. Kent Meyers and Elizabeth LaBauve 1818 Annual Meeting CLE 1839 Tribal Hunting and Fishing By Susan Damron Krug Regulatory Authority Within Oklahoma 1821 House of Delegates By Ralph F. Keen II 1822 Resolution 1845 New Discovery Master Law Takes 1828 Reasons to Attend the Annual Meeting Effect on Nov. 1, 2015 By James C. Milton 1830 Elections: 2016 Board of Governors Vacancies and OBA Nominating 1849 Diversity Committee to Hold Ada Lois Petitions Filed Sipuel Fisher Diversity Awards Dinner 1832 Registration Form 1852 Changes Proposed to RGDP: Member Comments Requested

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1811 FROM THE PRESIDENT Leadership to be Annual Meeting Focus By David Poarch

Among our peers, and even among nonlawyers, it is widely building and teaching leadership in civic acknowledged that service and leadership are core values of the legal life. He brings an interesting perspective profession. Many of us can relate to the notion that service beyond self that will challenge us all to look at the and a willingness to contribute to the greater good in some way pointed morality of our individual politics on all us in the direction of law school. As a result, sides and examine what it means to be a the legal profession is well represented at all true American patriot. I invite levels of leadership. In Oklahoma from the you to hear him on Thursday beginning, lawyers have served as governors, at noon! I am confident you state legislators, judges, prosecutors, general will find his message thought counsel, law firm managing partners, heads of To experience provoking. corporate, energy, banking, government and Of course, as always, the nonprofit organizations. And we continue to something first challenge for each of us is do so. to actually attend the OBA Likewise, at the national level, of our 44 different, you Annual Meeting in November. U.S. presidents, 26 have been lawyers, not to As my physics professor once mention the many lawyers who have served have to do observed, momentum favors in Congress and throughout the halls of gov- stasis. Applied to the world ernment over the years — perhaps more than something you and I live in that translates from any other profession. But as noted by roughly like this: To experience Stanford law professor Deborah L. Rhode in different. something different, you have her book, Lawyers as Leaders, published by to do something different. So, Oxford University Press, “The legal profes- my challenge to you is to do sion attracts a large number of individuals something different this year. with the ambition and analytic capabilities to Be a leader! Begin by leading be leaders, but frequently fails to develop other qualities that are essen- yourself! Sign yourself up for the Annual tial to effectiveness.” Developing these “other qualities” requires actu- Meeting. Then actually lead yourself out of ally doing something. the office, away from what you do every day and go to the Annual Meeting! Meet With all that in mind, the theme for this year’s other lawyers whom you may not know – annual meeting to be held in Oklahoma City, face to face – not by email, text or on Twitter! Nov. 4-6, 2015, will be leadership. You may have Renew old friendships. Reacquaint your- noticed that in several of my columns in the bar self with your profession and other profes- journal this year I have again and again touched sionals! Get some CLE before December! on the role lawyers play as leaders in society, Or just get away for a day or two and think particularly as leaders in preserving the rule of about something other than the rule in law in our American way of life, as mentors in Shelly’s case! our respective communities and as citizens with specialized knowledge and training who We all know that if we don’t get up and can make a positive contribution to the legisla- do something different, nothing about our tive process at the State Capitol. Our Annual professional life will change of its own Meeting will continue with that overall theme: accord. No doubt about it. But if you are Leadership U. looking for something new or different, start by attending the OBA Annual Meet- In that vein, this year’s Thursday luncheon ing in Oklahoma City this year! You’ll be speaker will be Eric Liu, a Harvard-educated law- glad you did. I promise. President Poarch yer, professor and author, and the founder of Citi- practices in Norman. zen University, a nonprofit initiative encompass- I look forward to seeing you there! [email protected] ing projects aimed at the work of community- 405-329-6600

1812 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2015 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or Volume 86 u No. 23 u Sept. 5, 2015 staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or JOURNAL STAFF BOARD OF EDITORS implied by publication. Advertisers are solely responsible for the content of their ads, and JOHN MORRIS WILLIAMS, MELISSA DELACERDA, the OBA reserves the right to edit or reject Editor-in-Chief Stillwater, Chair any advertising copy for any reason. [email protected] LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of CAROL A. MANNING, Editor DIETMAR K. CAUDLE, Lawton Editors. Information about submissions can [email protected] be found at www.okbar.org. RENÉE DEMOSS, Tulsa LORI RASMUSSEN, AMANDA GRANT, Spiro BAR Center Staff Assistant Editor John Morris Williams, Executive Director; [email protected] ERIN MEANS, Moore Gina L. Hendryx, General Counsel; Joe Balkenbush, Ethics Counsel; Jim Calloway, EMILY BUCHANAN, SHANNON L. PRESCOTT, Director of Management Assistance Program; Advertising Manager Okmulgee Craig D. Combs, Director of Administration; [email protected] MARK RAMSEY, Claremore Susan Damron Krug, Director of Educational Programs; Beverly Petry Lewis, Administrator MACKENZIE MCDANIEL, LESLIE TAYLOR, Ada MCLE Commission; Carol A. Manning, Director Communications Specialist of Communications; Robbin Watson, Director [email protected] JUDGE ALLEN J. WELCH, of Information Technology; Jane McConnell, Oklahoma City Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, OFFICERS & Debbie Maddox, Katherine Ogden, Steve Sullins, Assistant General Counsels BOARD OF GOVERNORS Manni Arzola, Gary Berger, Debbie Brink, DAVID A. POARCH JR., President, Norman; Laura Brown, Emily Buchanan, Tanner GLENN A. DEVOLL, Vice President, Okla- Condley, Nickie Day, Ben Douglas, homa City; GARVIN ISAACS JR., President-Elect, Oklahoma Dieadra Florence, Johnny Marie Floyd, City; RENÉE DEMOSS, Immediate Past President, Tulsa; Matt Gayle, Marley Harris, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, ROBERT D. GIFFORD II, Oklahoma City; JAMES R. GOTWALS, Durrel Lattimore, Mackenzie McDaniel, Tulsa; JAMES R. HICKS, Tulsa; DOUGLAS L. JACKSON, Enid; Renee Montgomery, Sharon Orth, Lori JOHN W. KINSLOW, Lawton; RICKEY J. KNIGHTON II, Rasmussen, Wanda F. Reece, Tracy Sanders, Norman; JAMES R. MARSHALL, Shawnee; SONJA R. PORTER, Mark Schneidewent, Jan Thompson, Oklahoma City; KEVIN T. SAIN, Idabel; RICHARD STEVENS, Krystal Willis & Roberta Yarbrough Norman; ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Oklahoma Bar Association 405-416-7000 Miami; LEANNE MCGILL, Edmond, Chairperson, OBA Young Toll Free 800-522-8065 Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in Law-related Education 405-416-7005 June and July by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Mgmt. Assistance Program 405-416-7008 paid at Oklahoma City, Okla. Mandatory CLE 405-416-7009 OBJ & Communications 405-416-7004 Subscriptions $60 per year except for law students registered with Board of Bar Examiners 405-416-7075 the OBA and senior members who may subscribe for $25; all active members included in dues. Single copies: $3 Oklahoma Bar Foundation 405-416-7070 Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1813 HIGHLIGHTS

President’s Reception This year’s President’s Reception is set for Wednesday, Nov. 4. Mingle with your friends and colleagues while listening to the Chris Hicks Jazz Trio. Enjoy hors d’oeuvres and cash bar. Reception is from 7 – 9 p.m., and attendance is included in registration fee. Guests attend at no additional cost. Each person attending receives two beverage tickets.

Chris Hicks Jazz Trio

Annual Luncheon Civics proponent and author Eric Liu, ‘It’s Five O’Clock founder of Citizen University, has been selected to deliver the keynote Somewhere’ address during the Annual Lun- Change your latitude and your atti- cheon set for Thursday, Nov. 5. tude at our Thursday evening social He will speak on the topic of event! Find your lost shaker of salt from “The True Meaning of 5 – 6:30 p.m. when complimentary Patriotism.” The OBA margaritas flow courtesy of the OBA will recognize its sections. Cheeseburgers (and other outstanding hors d’oeuvres) along with a full lawyers when bar will also be available in this annual awards paradise. Annual Meeting registration are presented. not required. Use your Award recipients will best judgment with be announced the regard to flip-flops. week of Sept. 28. Cost is Sponsor: $35 with Annual Meeting regis- OBA Sections. tration, $55 for those who do not wish to register for the full two-day event. Seating is limited, so be sure to register early for this event. Eric Liu

1814 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 General Assembly and House of Delegates The important business of the association will be conducted Friday, Nov. 6, beginning at 9:30 a.m. Resolutions will be voted upon, leaders will be elected and awards will be presented. Do not miss your chance to participate in the governance of your professional association. County bar associa- President’s Breakfast tions need to submit the names of The final day of Annual Meet- their delegates ASAP to Execu- ing begins at 8 a.m. with the tive Director John Morris Wil- President’s Breakfast, an Annual liams, and resolutions to the Meeting tradition. In keeping House of Delegates must be with this year’s leadership received by Mr. Williams by Sept. 29 theme, the programming will to be published in the official House of feature a topic of the presi- Delegates book. Email Executive Secre- dent’s choice. Cost: $25. tary Debbie Brink at [email protected] for more information.

Leadership Academy During Annual Meeting, the 21 participants of the fifth biannual OBA Leadership Academy will attend a session aimed at developing the association’s future leaders. On Thursday, Nov. 5 from 2 – 5 p.m., attendees will learn about how the OBA works, listen to insight from former academy participants and find out more about the Lawyers for Heroes program, Wills for Heroes, Law Day and the ABA. Social events are also planned for Wednesday and Thursday evening. On Friday morning, several members of the Leadership Class will serve as tellers for the Board of Governors elections during the House of Del- egates. Annual Meeting registration is encouraged, but not required for Leadership Academy What participants. does my Annual Meeting registration fee How do I register? include? Register for all events using the Annual Meet- ing registration form found on page 1832 Annual Meeting registration includes Wednesday and or online at www.amokbar.org. Send Thursday continental breakfast in the hospitality area, paper forms with payment by mail to President’s Reception, OBA Sections “It’s Five O’Clock Somewhere” Thursday reception, convention gift OBA Annual Meeting, PO Box 53036, and access to the Vendors Expo. OBA hospi- Oklahoma City, OK 73152 or fax with credit tality will be provided to attendees card information to 405-416-7092. Phone and throughout the day Wednesday, email are also options: call Mark at 405-416-7026 Thursday and Friday morning. or 800-522-8065 or email [email protected]. Hospitality includes coffee, For the best price, register by Oct. 13. Questions? tea, soft drinks and a Contact Mark Schneidewent at 405-416-7026, variety of treats 800-522-8065 or [email protected]. and snacks.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1815 ERIC LIU PRESENTS THE TRUE MEANING OF PATRIOTISM Author, educator, civic entrepreneur and Harvard Law School graduate Eric Liu (pronounced loo) will present “The True Meaning of Patriotism” during the Annual Luncheon on Thursday, Nov. 5 at noon as part of the OBA Annual Meeting. Patriotism is one of the most used and abused ideas in American political life. But what does patriotism truly mean? In this rich and provocative talk, Mr. Liu will take both the left and the right to task for forgetting the moral principles that give real meaning to love of country — and will remind us all to live out the American idea in our everyday choices. “You may have noticed that in several of my columns in the bar journal this year, I have again and again touched on the role lawyers play as leaders in society, particularly as leaders in preserving the rule of law in our American way of life,” said OBA President David Poarch. “In that vein, I believe Mr. Liu will bring an interesting perspective that will challenge us all to look at the morality of our individual politics on all sides and examine what it means to be a true American patriot.” Mr. Liu is the founder of Citizen University, which promotes and teaches the art of creative citizenship, and the executive director of the Aspen Institute Citizen- ship & American Identity Program. He has spoken in settings ranging from the World Economic Forum to the Seeds of Compassion event with the Dalai Lama to college campuses and corporate boardrooms. He is hailed by the New York Times and The Washington Post as a leading voice of his generation and has served as a White House speechwriter for President Bill Clinton, legislative assistant and speechwriter for Senator David L. Boren, as President Clinton’s deputy domestic policy advisor, columnist for CNN.com and correspondent for TheAtlantic.com. He has written several books including Guiding Lights: The People Who Lead Us Toward Our Purpose in Life, The Gardens of Democracy and A Chinaman’s Chance. He connects his wide-ranging work to what he speaks about by asking the question “Who is us?” He challenges his listeners and readers to be a part of something greater than themselves and to think and act outside of their small circles of identity. To view one of his presentations, visit goo.gl/cQzQDY. The cost to attend the event is discounted to $35 with Annual Meeting registration or $55 for the luncheon only. Space for this event will fill up quickly, so make sure to reserve your spot today!

1816 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 PROGRAM OF EVENTS All events will be held at the Sheraton Hotel unless otherwise specified. Submit meeting room and hospitality suite request to Craig Combs at [email protected]. Submit meeting program information to Lori Rasmussen at [email protected]

► Meeting registration opens at 8 a.m. ► OBA CLE: Legal Tips & Trends to Keep You at the Top of the Class • Elder Investment Fraud and Financial Exploitation • Rock n’ Roll Law • Preserving and Prosecuting Your Oklahoma Appeals WED. ► OCU School of Law Alumni Reception and Luncheon NOV. 4 ► OU College of Law Alumni Reception and Luncheon ► TU College of Law Alumni Reception and Luncheon ► Committee and Section Meetings ► President’s Reception

► OBA CLE: Plenary Session (including panel discussion with Eric Liu) ► Committee and Section Meetings ► Annual Meeting Luncheon featuring Eric Liu THURS. ► Eric Liu Book Signing ► County Bar Presidents Meeting NOV. 5 ► OBA Sections “It’s Five O’Clock Somewhere” Reception – You’re invited! ► Past Presidents Dinner

FRI. ► President’s Breakfast ► General Assembly NOV. 6 ► House of Delegates

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1817 STAND UP AND CHEER FOR THESE OBA CLE OFFERINGS

By Susan Damron Krug

Give me a “C”… Give me an If a morning-only program works better for “L”…Give me an “E” … What’s that your schedule, I invite you to attend Elder spell? CLE! I know, CLE isn’t an Investment Fraud and Financial Exploita- actual word, but the point is that tion: Ethical Traps for CLE at Annual Meeting is something Lawyers and How to to cheer about and all about “U!” Best Navigate the There are various electives to Challenges of Dimin- choose from designed for substan- ished Financial tive, informative, inspiring and even Capacity cosponsored entertaining learning to give you an by the Master Law- edge on being leaders in the law. yers Section. On Wednesday, we have an all- Thank you to day program, a morning program, Jennifer Shaw as well as two afternoon programs and Irving to choose from. Additionally, on Faught with the Thursday morning, we will have a Oklahoma Depart- three-hour morning plenary session. ment of Securities for Keep reading to see what we have coordinating this presen- planned. tation which is accredited for three hours of MCLE WEDNESDAY, NOV. 4 including one hour of ethics. As demonstrated by Legal Tips & Trends to Keep You at the sensational Brooke Astor case and the Top of the Class has been devel- other less notorious examples, a lawyer who oped by S. Rachel Pappy, one of is ignorant of elder investment fraud and finan- the 2015-2016 admittees to the OBA cial exploitation (EIFFE) may fail to protect the cli- Leadership Academy. The program ent from harm or unwittingly participate in the client’s offers six hours of MCLE credit victimization. including one hour of ethics. This diverse group of practitioners will Such lawyers may face professional discipline, liability gather from their wealth of experi- for malpractice or even criminal charges. On a broader ence and practical knowledge to scale, EIFFE costs victims, families, governments and busi- deliver a compelling and informa- nesses more than $2.9 billion annually and affects millions tive seminar regardless of your area of older persons. Every lawyer needs to understand how of practice. Topics include, “What the growing epidemic of EIFFE may affect them profes- You Need to Know About Employ- sionally and personally. Oklahoma is one of six states in ment Law to Manage Your Firm,” which the American Bar Association is piloting this new Professor Spector’s, “Family Law initiative to raise awareness among lawyers. Updates for All Attorneys,” “Best This CLE program will 1) present the demographic and Practices in Social Media Marketing physiologic changes occurring in the U.S. population that Made Easy,” “Tax Tips for Attorneys” increase the likelihood that lawyers will deal with dimin- and the ethics hour will be taught ished financial capacity and EIFFE in their work and in their by Ms. Pappy herself in discussing families; 2) pose ethical and practical dilemmas that chal- “Unique Cases Before the IRS.” lenge lawyers and provide tips for addressing those dilem-

1818 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 mas; and 3) teach indicators of fraud and exploitation and Preserving and Prosecuting Your suggest options for assisting victims. Presenters will be national Oklahoma Appeals cosponsored and Oklahoma experts including Vivian Lee Thoreen, one of by the Appellate Practice Section the attorneys on the Mickey Rooney case and Lori A. Stiegel will also be offered on Wednes- with the ABA Commission on Law and Aging. day afternoon and provides three hours of MCLE including .5 hours Registration for this program is free to Master Lawyers Sec- of ethics presented by our Su- tion members. preme Court Chief Justice John If you prefer afternoon learning, we have you covered. Reif. Susan Huntsman, chair of the Broaden your horizons and have some fun by attending Appellate Practice Section, has Rock n’ Roll Law: It’s Only Rock N’ Roll . . . and Some Law. put together an excellent pro- This program, accredited for three hours MCLE including gram that will also include presen- one hour ethics, has been praised as “The BEST Seminar tations by Oklahoma Supreme You’ll Ever Attend!” Hear the songs and Court Referee Greg Albert, Court stories from the most famous music of Criminal Appeals Presiding copyright cases. Hear music from the Judge Clancy Smith and Andrea Stones, George Harrison, John Fogerty, Miller, the Appellate Division chief Queen, Leonard Cohen and so much with the Oklahoma County Public more. Learn the exclusive rights you get Defender’s Office. Participants will with each song and how to protect an art- focus on the essentials necessary ist’s rights. Get your ethics hour through the for Oklahoma attorneys to pre- Beatles case study and learn about organiza- serve and successfully pursue tional representation and issues relating to their appeals in the state’s courts, representing a band/artist. This seminar is whether civil or criminal. Also for all attorneys who need CLE and don’t included will be advice on both want to be bored. Jim Jesse has been an actions to take before judgment attorney for more than 20 years. He is former and what to do once an appeal- general counsel for Cool Music Network LLC able order is entered. This CLE is (THECOOLTV), which is a 24-hours-a-day music free to Appellate Practice Section video television network. He is now in private members. practice. His passion is spreading music and media law through his seminars. THURSDAY, NOV. 5 On Thursday morning, we will offer a three-hour CLE plenary ses- Wednesday, Nov. 4 sion that will include a panel discussion with Eric Liu, our Annual Elder Investment Fraud and Luncheon keynote speaker, as Financial Exploitation well as programming from mem- Cosponsored by the Master Lawyers Section bers of the Professionalism Com- 3 hours MCLE/1 Ethics mittee and an ethics hour provided by Oklahoma members of the Legal Tips & Trends American Board of Trial Advo- 6 hours MCLE/1 Ethics cates on why “Civility Matters.” Preserving and Prosecuting Your Appeal There you have it! Please visit www.amokbar.org for further Cosponsored by the Appellate Practice Section details and to register for one or 3 hours MCLE/.5 Ethics more of these programs and rest Rock n’ Roll Law assured you will stay in the lead 3 hours MCLE/1 Ethics with OBA/CLE. Susan Damron Krug is the OBA Thursday, Nov. 5 educational programs director. Plenary Session 3 hours MCLE/1 Ethics

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1819 1820 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 HOUSE OF DELEGATES

Dear County Bar Presidents: In accordance with the bylaws of the Okla- homa Bar Association (5 OS, Ch. 1, App. 2), Thank you to the County Bar Presidents of: “The House of Delegates shall be composed Adair, Beaver, Blaine, Bryan, Canadian, of one delegate or alternate from each Carter, Choctaw, Cimarron, **Cleveland, County of the State, who shall be an active Coal, Comanche, Cotton, Creek, Ellis, Gar- or senior member of the Bar of such County, field, Garvin, Grady, Grant, Greer, Jackson, as certified by the Executive Director at the Johnston, Kay, Kingfisher, Latimer, LeFlore, opening of the annual meeting; providing Lincoln, Logan, Love, McClain, McCurtain, that each County where the active or senior McIntosh, Muskogee, Oklahoma, Osage, resident members of the Bar exceed fifty shall Ottawa, Payne, Pontotoc, Pottawatomie, be entitled to one additional delegate or Pushmataha, Roger Mills, Rogers, Seminole, alternate for each additional fifty active or Stephens, Texas, Tulsa, Washita, Woods and senior members or major fraction thereof. In Woodward for submitting your delegate and the absence of the elected delegate(s), the alternate selections for the upcoming OBA alternate(s) shall be certified to vote in the Annual Meeting. stead of the delegate. In no event shall any County elect more than thirty (30) members (**Reported, awaiting election) to the House of Delegates.” Listed below are the counties that have not “A member shall be deemed to be a resi- sent their delegate and alternate selections to dent, … of the County in which is located his the offices of the Oklahoma Bar Association or her mailing address for the Journal of the as of Sept. 1, 2015. Please help us by sending Association.” the names of your delegates and alternates now. In order to have your delegates/alter- RESOLUTION DEADLINE nates certified, mail or fax delegate certifica- Notice: Proposed resolutions are one of many tions to OBA Executive Director John Morris bar business items discussed during the OBA Williams, P. O. Box 53036, Oklahoma City, OK Annual Meeting. Pursuant to OBA Bylaws, pro- 73152-3036 or fax to 405-416-7001. posed resolutions must meet publication guide- Alfalfa Harper Nowata lines before the Annual Meeting. A proposal relating to the Legislative Program must be sent Atoka Haskell Okfuskee in bill format to Executive Director John Morris Beckham Hughes Okmulgee Williams by Monday, Sept. 21, for publication in Caddo Jefferson Pawnee the Oklahoma Bar Journal Oct. 17, issue. For any Cherokee Kiowa Pittsburg resolution to receive a potential recommenda- Craig Major Sequoyah tion from the Board of Governors, the proposal Custer Marshall Tillman must be received by Sept. 14. In order for a res- Delaware Mayes Wagoner olution to be published in the official General Dewey Murray Washington Assembly and House of Delegates publication, it Harmon Noble must be received by Sept. 29.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1821 2015 RESOLUTION

Notice: Proposed resolutions are one of many tee and Board of Governors in their discretion, bar business items discussed during the OBA to reimburse clients’ losses caused by dishon- Annual Meeting. Pursuant to OBA Bylaws, pro- est conduct or acts of the very few lawyers posed resolutions must meet publication guide- who violate their oath. lines before the Annual Meeting. A proposal relating to the Legislative Program must be sent It is the desire of the members of the Okla- in bill format to Executive Director John Morris homa Bar Association, for the purpose of Williams by Monday, Sept. 21, for publication in reimbursing losses to clients to the extent the Oklahoma Bar Journal Oct. 17, issue. For any deemed proper and feasible by the Clients’ resolution to receive a potential recommenda- Security Fund Committee and the Board of tion from the Board of Governors, the proposal Governors, which losses occur on very infre- must be received by Sept. 14. In order for a res- quent occasions through the dishonest con- olution to be published in the official General duct of persons practicing law in the State of Assembly and House of Delegates publication, it Oklahoma and which conduct is in violation must be received by Sept. 29. of their oath as members of our honorable The following resolution will be submitted to profession, solemnly taken at the time of their the House of Delegates at the 111th Oklahoma admission to practice before the Supreme Bar Association Annual Meeting at 10:30 a.m. Court of the State of Oklahoma; that thereby Friday, Nov. 6, 2015, at the Sheraton Hotel in the integrity and good name of the legal pro- Oklahoma City. fession as a whole shall not be affected by such dishonest acts of the few. RESOLUTION NO. 1: I. CLIENTS’ SECURITY FUND POLICY RULES CLIENTS’ SECURITY FUND RULES A. There is hereby established a Clients’ BE IT RESOLVED by the House of Delegates Security Fund Committee of The Oklaho- of the Oklahoma Bar Association that the ma Bar Association (hereafter called the amendments to the Clients’ Security Fund Committee). Rules, as published in the Oklahoma Bar Journal and posted on the OBA website at B. The Committee shall consist of fifteen www.amokbar.org, be approved and adopt- persons appointed by the President with ed by the Supreme Court. (Requires a majori- the approval of the Board of Governors, ty vote for passage. OBA Bylaws Art. VIII Sec. for the terms as follows: five for one year, 5) (Submitted by the Clients’ Security Fund five for two years, five for three years. Task Force and OBA Board of Governors.) After the initial appointments, each subsequent appointment shall be for a term CLIENTS’ SECURITY FUND RULES of three years. At least one appointee (Originally adopted by the Executive Coun- each year shall be a person who is not cil (Board of Governors) on November 12, a lawyer. Vacancies shall be filled by 1964, and approved by the Oklahoma appointment by the President for the Supreme Court, as amended). unexpired term. All lawyers take a solemn oath at their C. The Committee is authorized to consider admission to practice before the Supreme claims for reimbursement of losses arising Court of the State of Oklahoma. To preserve after the effective date of the original the integrity and reputation of the legal pro- resolution and caused by the dishonest fession, members of the Oklahoma Bar Associ- conduct of a lawyer, acting as a lawyer, ation desire, to the extent found proper and where said lawyer is a practicing mem- feasible by the Clients’ Security Fund Commit- ber of the Bar of Oklahoma, maintains

1822 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 an office for the practice of law in the I. The expenses of this Committee shall be State of Oklahoma and has died, has paid out of the general fund of the Okla- been adjudged mentally ill, appropriate homa Bar Association. disciplinary action has been completed J. The Committee shall provide a full writ- or he or she shall have resigned or per- ten report of its activities, at least quar- mitted his or her license to practice to terly annually to the Board of Governors lapse after disciplinary proceedings shall of the Association, and it shall make have been commenced against him such other reports of its activities and the lawyer. give only such further publicity to same D. The Board of Governors, upon consider- as the Board of Governors may deem ation of the Committee’s recommenda- advisable. tions shall be authorized and empow- K. The Committee may be abolished at ered to honor, pay, or reject such claims any time upon the recommendation of in whole or in part to the extent that the Board of Governors and approval of funds are available. All reimbursements the Oklahoma Supreme Court. In the shall be a matter of grace, not right, and event of such abolition, all assets of the no client and no member of the public Clients’ Security Fund shall be and shall have any right in the Clients’ Securi- remain the property of the Oklahoma ty Fund as third-party beneficiary or oth- Bar Association and usable for its gen- erwise. If the plan is self-insured, the pay- eral purposes by action of the Board of ment of the claims will be determined at Governors. one time or at about the end of each year of operation so that available funds L. The President shall be authorized to may be equitably allocated within any make the appointments to the Commit- one year. tee with the approval of the Board of Governors. E. All Petitions for Relief must be filed within five years of the loss caused by the dis- M. Given the nature and purpose of the honest conduct of the attorney. Fund, it is expected that members of the Association will assist claimants Petition- F. The Committee is authorized to prescribe ers for relief without charge, deeming rules and procedures for the manage- their service to be pro bono publico. ment of its funds and affairs, for the pre- Where an unusual amount of time and sentation of claims and the processing effort is expended by an attorney who and payment thereof. assists a claimant Petitioner, he or she G. All sums appropriated by the Board of may be awarded a modest fee out of Governors for the use of the Committee the award. No attorney shall be com- shall be held and invested by the Trea- pensated for presenting a petition surer of the Association in a separate except as authorized by the Clients’ fund known as the Clients’ Security Fund Security Fund Committee and the Board subject to the written directions of the of Governors. Committee under Committee rules. N. The Oklahoma Bar Association, members H. The Committee subject to the final of its Board of Governors, members of determination of the Board of Governors the Committee, employees and agents may use or employ the Clients’ Security of the Oklahoma Bar Association, claim- Fund for all or any of the following pur- ants and lawyers who assist claimants poses within the scope of the Commit- are absolutely immune from civil liability tee’s objectives, as heretofore outlined: for all acts of omission or commission in the course of their official duties. 1. To make reimbursements to clients. O. The Purposes of the Clients’ Security 2. At its discretion, to purchase insurance Fund are: to insure the integrity of the Clients’ Security Fund, provided that such 1. To furnish a means of protecting the insurance is obtainable at reasonable reputation of lawyers in general from costs and is deemed appropriate. the consequences of dishonest acts of a very few.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1823 2. To furnish a means of reimbursement (b) That the lawyer shall have died, to clients for financial losses occa- shall have been adjudged mentally sioned by dishonest acts of lawyers: ill, appropriate disciplinary action has been completed, or he or she (a) To the extent that the Fund is capa- shall have resigned or permitted his ble of making reimbursements; and or her license to practice to lapse (b) If in the opinion of the Board of after disciplinary proceedings shall Governors upon consideration of have been commenced against the Committee’s recommendation, him the lawyer. the client is entitled to reimburse- (c) That the dishonest act shall have ment. been committed within the State of (c) In such amount as the Board of Oklahoma, or as a part of a con- Governors, in its sole discretion, shall tract of employment, the major por- deem reasonable and proper, with tion of which was to be performed the consideration of the Commit- within said State. tee’s recommendation. 5. The following shall be excluded from P. In establishing the Clients’ Security Fund, “Reimbursable Losses”: the Oklahoma Bar Association did not (a) Losses of wives spouses and other create, or acknowledge, any legal close relatives, partners, servants responsibility for the acts of individual and employees of lawyers; and responsibility for the acts of individual lawyers in their practice of law. There- (b) Losses the proof of which, either fore, all reimbursements of losses by the as to factual existence or amount, Clients’ Security Fund shall be made is dependent upon inventory solely at the discretion of the Board of computation or profit and loss Governors upon the recommendation of computation; the Committee and not as a matter of (c) Losses covered by any bond, surety legal right capable of enforcement by agreement, or insurance contract, any claimant. to the extent covered thereby; II. RULES OF PROCEDURE (d) Losses for which the client has A. Definitions. For the purpose of these rules received reimbursement from any of procedure, the following definitions source. shall apply: 6. As used in these rules “Dishonest 1. The “Committee” shall mean the Conduct or Acts” means any of the Clients’ Security Fund Committee. following: 2. The “Fund” shall mean the Clients’ (a) Wrongful acts committed by a law- Security Fund. yer in the nature of theft, or embez- zlement of money or the wrongful 3. “Lawyers” shall include only those law- taking or conversion of money, yers admitted to practice law within property or other things of value; or the State of Oklahoma, domiciled and actively practicing law within said (b) Refusal to refund unearned fees State. received in advance where the lawyer performed no services or 4. “Reimbursable Losses” shall include such an insignificant portion of the only those losses of money or other service that the refusal to refund property of clients of lawyers which the unearned fee constitutes a meet the following tests: wrongful taking or conversion of (a) That the loss shall have been money. caused by the dishonest act of a lawyer while acting as a lawyer for the client.

1824 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 III. MANNER OF MAKING APPLICATION FOR ed in the application. The reports of REIMBURSEMENT investigation and the recommendations thus made shall be submitted to the Applications to the Fund for reimbursement Committee as a whole. The Committee, for loss suffered by clients as the result of dis- during the month of December of each honest acts of lawyers shall be in writing and calendar year, in its sole discretion shall shall be addressed and delivered to the determine the amount of loss for which Director of the Oklahoma Bar Association for any client shall be reimbursed and in transmission to the Chairman Chairperson of making such determination the Commit- the Committee. Said applications shall be in tee shall consider, inter alia, the such form as the Committee may prescribe, following: and shall contain the following minimum information.: 1. The conduct, if any, of the client which contributed to the loss, A. The name of the “Lawyer”. 2. The comparative hardship the client B. The amount of the “Reimbursable has suffered by the loss, Loss”., and 3. The total amount of applications for C. The date or period of time during reimbursement which have been sub- which the loss was incurred, together mitted by the clients of any one law- with a sufficient statement of facts to yer or association of lawyers, and show that the loss is in fact a “Reim- bursable Loss” as hereinbefore 4. All claims against the Clients’ Security defined. Fund shall be presented to the Clients’ Security Fund Committee for its consid- D. All applications shall be supported by eration. In December of each year, submission of such documentary evi- the Clients’ Security Fund Committee dence as may be available and shall shall make a written report to the be signed by the claimant applicant. Board of Governors of the Oklahoma E. D. A copy of the application submitted Bar Association setting forth the Com- to the Committee shall be mailed or mittee’s recommendations with regard served on the affected former attor- to all claims considered by the Com- ney at his or her last known address by mittee during the preceding year. The the Office of the General Counsel. Board of Governors shall consider the Included with the application shall be recommendations of the Clients’ a notice that the claim has been Security Fund Committee and make a received and will be considered by final determination of approval or the Committee and that the former rejection of each claim. After the attorney is invited to submit any state- Board of Governors has made a final ment or documentary evidence either decision regarding all the claims for in favor or against said claim. The the preceding year, the Executive notice shall also state that if the claim Director shall compute the total dollar is paid, the Committee may be enti- amount of all claims approved by the tled to subrogation of the claim Board of Governors. If the total dollar against the attorney and that reim- amount of the approved claims does bursement of the Clients’ Security not exceed the annual aggregate Fund will be a condition of any appli- amount of reimbursement as specified cation for reinstatement. in paragraph 6 of this section, the Executive Director shall promptly pay IV. PROCESSING AND ALLOWANCE OF all the approved claims. If the total APPLICATIONS dollar amount of the approved claims A. Applications submitted to the Commit- exceeds the annual aggregate tee shall be referred by the Chairman amount of reimbursement, the Execu- Chairperson to the General Counsel or tive Director shall pay all approved other Staff of the Oklahoma Bar Associa- claims on a prorated basis so that the tion for investigation and recommenda- same percentage of each approved tion as to the validity of the claim includ- claim is paid and the total dollar

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1825 amount of the prorated claims paid Fund is hereby set as the total of the equals the annual aggregate amount budgeted amount, $100,000.00 of reimbursement. The Board of Gover- $175,000.00, plus any current income nors may increase the amount avail- from the Permanent Fund and the able for reimbursement by appropriat- budgeted $100,000.00 $175,000.00. In ing an amount from the Permanent the event that it is determined to pur- Fund not to exceed 10% of the total of chase insurance to insure the integrity the Permanent Fund as determined on of the Fund in making payments of November 1 of each year. Nothing reimbursement in accordance with herein shall create any obligation Section II(H)(2), principal and income on the part of the Board of Governors of the annual budgeted amount and to any such increase under any the Permanent Fund may be used for circumstances. any such purpose. 5. The President of the Association and 7. The Board of Governors, subject to the Budget Committee shall budget approval by the Oklahoma Supreme for the benefit of the Clients’ Security Court, may from time to time change Fund sufficient money from the annual or modify the maximum amount of budget so that the Clients’ Security reimbursement payable by the Clients’ Fund shall have in it as of January 1 of Security Fund. (As amended by each year the sum of $100,000.00 Supreme Court Order 52298). $175,000.00. The Association shall also 8. Claimant shall be reimbursed for losses establish a Clients’ Security Permanent in amounts to be determined in the Fund, the income of which shall be sole discretion and approval of the used to increase the annual aggre- Board of Governors at the recommen- gate amount available for reimburse- dation of the Committee. Reimburse- ment of claimant losses. The Perma- ment, if any, shall not include interest, nent Fund shall be funded in the fol- incidental consequential and out of lowing manner: In the event that the pocket expenses. total dollar amount of the approved claims in any one year does not 9. If the claimant is a minor or an incom- exceed the annual budgeted petent, the reimbursement may be $100,000.00 $175,000.00 amount plus made to any person or entity for the any earned income from that amount, benefit of the claimant. the remaining balance of the budget- 10. Although the rules set forth herein ed amount and earned income shall establish procedures for the process- be added to the Clients’ Security Per- ing of the claims seeking reimburse- manent Fund; The Permanent Fund ment from the Fund, they are not shall also include other funds received intended to nor do they create a by the Board relating to Client Security substantive right to reimbursement, including voluntary contributions or compensation, damages or restitu- subrogation or restitution received for tion for a lawyer’s dishonest act. claims paid. The appropriated annual funds and the other funds of the Cli- 11. The Oklahoma Bar Association, ents’ Security Permanent Fund shall be members of its Board of Governors, invested at the direction of the Board members of the Committee and the of Governors and the income from agents and employees of the Okla- such investment shall be added to the homa Bar Association are not guar- Clients’ Security Fund to be used in the antors of honesty or integrity in the manner prescribed herein. Nothing practice of law. Dishonest conduct herein shall create any obligation on by a member of the Bar imposes no the part of the Association to fund or separate legal obligation on the profession collectively, or on the Clients’ pay all approved claims. Security Fund, to compensate for a 6. The annual aggregate amount of lawyer’s misconduct. The Fund is a reimbursement for any calendar year Bar-financed public service of the that is payable by the Clients’ Security Bar Association with the intent to

1826 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 promote public confidence in the VII. GENERAL PROVISIONS administration of justice and the A. No publicity shall be given to the rules of integrity of the legal profession, and procedure, to applications for reimburse- therefore payment of reimbursement ment, payments made by the Commit- of losses is a matter of grace and dis- tee or to any action of the Committee cretion by the Board of Governors. without the express prior approval of the 12. The recommendations made by the Board of Governors of the Oklahoma Bar Clients’ Security Fund Committee or Association. Subject to such express prior the decisions made by the Board of approval: Governors of the Oklahoma Bar Asso- 1. The Committee is authorized to pre- ciation pursuant to these rules shall pare, use and distribute an informa- be final. tional brochure detailing the rules of V. SUBROGATION FOR REIMBURSEMENTS MADE procedure and activities of the Com- mittee for the purpose of assisting fund A. In the event reimbursement is made to a claimants in the preparation of their client, the Fund shall be subrogated in applications and informing the gener- said amount and may bring such action al public of the purpose and aims of as it deems advisable against the lawyer, the Committee. Copies of the informa- his or her assets or his estate, either in the tional brochure shall also be made name of the client or in the name of the available to the general public. The Oklahoma Bar Association. The client contents of the brochure shall be shall be required to execute a subroga- reviewed and approved by the Board tion agreement in said regard. of Governors; and B. The client shall be entitled to bring an 2. Annually, after review and consider- action for recovery of losses directly ation of claims by the Board of Gov- against the lawyer, his or her assets or his ernors, the Committee shall prepare estate if the Committee has not done so and distribute a summary of activities within six months of execution of the sub- containing information regarding the rogation agreement. Any amounts purpose and aims of the Committee, recovered from the lawyer, either by the the number of claims submitted, the Committee or the client, in excess of the number of claims paid, the amount of amount to which the fund is subrogated, such payments and the name of the less the Committee’s actual costs of such successful claimant and affected recovery, shall be paid to or retained by attorney. The summary may only be the client as the case may be. published by the Board of Governors. VI. MEETINGS OF THE COMMITTEE The Committee shall not include specific information regarding claims The Committee shall meet from time to which were not paid or any claim time upon call of the Chairman Chairperson, application against an attorney who provided that the Chairman Chairperson was not involved in a “reimbursable shall call a meeting at any reasonable time loss” as defined under Rule II(A)(4). at the written request of at least two members of the Committee. B. These rules may be changed at any time by a majority vote of the Commit- tee if said changes are approved by the Board of Governors of the Oklahoma Bar Association and the Oklahoma Supreme Court.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1827 TOP 5 REASONS TO ATTEND OBA ANNUAL MEETING

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

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

1828 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 MEMBER BENEFIT Check out the perks of being an OBA member

• E-news • Fastcase • OBA-NET • Continuing Legal Education • Research links • Speakers Bureau • Oklahoma Bar Journal • Consumer information brochures • Young Lawyers Division • Office “health checks” • Title Exam Standards • Lending Library • Ethics Counsel • Lawyers Helping Lawyers • Insurance • Multiple member discounts

And that’s not all! For more member perks, visit www.okbar.org/members/members/benefits

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1829 2016 OBA BOARD OF GOVERNORS VACANCIES Nominating Petition deadline was 5 p.m. Friday, Sept. 4, 2015

ed that year, shall file with the executive director, OFFICERS a signed petition (which may be in parts) nomi- President-Elect nating a candidate for the office of member of Current: Garvin Isaacs Jr., Oklahoma City the Board of Governors for and from such judicial Mr. Isaacs automatically becomes OBA district, or one or more county bar associations president Jan. 1 2016 within the judicial district may file a nominating (One-year term: 2016) resolution nominating such a candidate. Nominees: Linda S. Thomas, Bartlesville Not less than 60 days prior to the annual meeting, Thomas W. Walker, Ardmore 50 or more voting members of the OBA from any Vice President or all judicial districts shall file with the executive Current: Glenn A. Devoll, Enid director, a signed petition nominating a candi- (One-year term: 2016) date to the office of member at-large on the Nominee: Paul D. Brunton, Tulsa Board of Governors, or three or more county bars may file appropriate resolutions nominating a BOARD OF GOVERNORS candidate for this office. Supreme Court Judicial District Three Not less than 60 days before the opening of the Current: Robert D. Gifford II, Oklahoma City annual meeting, 50 or more voting members of Oklahoma County the association may file with the executive direc- (Three-year term: 2016-2018) tor a signed petition nominating a candidate for Nominee: Vacant the office of president-elect or vice president or three or more county bar associations may file Supreme Court Judicial District Four appropriate resolutions nominating a candidate Current: Douglas L. Jackson, Enid for the office. Alfalfa, Beaver, Beckham, Blaine, Cimarron, Custer, Dewey, Ellis, Garfield, Harper, Kingfisher, If no one has filed for one of the vacancies, Major, Roger Mills, Texas, Washita, Woods and nominations to any of the above offices shall be Woodward received from the House of Delegates on a peti- (Three-year term: 2016-2018) tion signed by not less than 30 delegates certified Nominee: Vacant to and in attendance at the session at which the election is held. Supreme Court Judicial District Five Current: Rickey Joe Knighton II, Norman See Article II and Article III of OBA Bylaws for com- Carter, Cleveland, Garvin, Grady, Jefferson, plete information regarding offices, positions, Love, McClain, Murray and Stephens nominations and election procedure. Elections (Three-year term: 2016-2018) for contested positions will be held at the House Nominee: James L. Kee, Duncan of Delegates meeting Nov. 6, during the Nov. 4-6 OBA Annual Meeting. Terms of the present Member At Large OBA officers and governors will terminate Current: Richard Stevens, Norman Dec. 31, 2015. (Three-year term: 2016-2018) Nominee: Alissa Hutter, Norman Nomination and resolution forms can be found at www.okbar.org/members/BOG/BOGvacancies. Summary of Nomination Rules NOTICE Not less than 60 days prior to the annual meeting, 25 or more voting members of the OBA within the The nominating petition deadline was 5 p.m., Supreme Court Judicial District from which the Sept. 4, 2015. This issue went to press before the member of the Board of Governors is to be elect- deadline, and the list of nominees may not be complete. See www.amokbar.org for updates.

1830 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 OBA NOMINATING PETITIONS (See Article II and Article III of the OBA Bylaws)

OFFICERS Supreme Court Judicial District Five President-Elect James L. Kee, Duncan Linda S. Thomas, Bartlesville Nominating Petitions have been filed nominating A total of 262 signatures appear on the petitions. James L. Kee, Duncan, for election of Supreme Court Judicial District No. 5 of the Oklahoma Bar Nominating Resolutions have been received from Association Board of Governors for a three-year the following counties: Cleveland and Washington term beginning January 1, 2015. Twenty-five of Thomas S. Walker, Ardmore the names thereon are set forth below: A total of 242 signatures appear on the petitions. Joshua A. Creekmore, Jason M. Hicks, Carl LaMar, Nominating Resolutions have been received from Jamie Phipps, Hal H. Pennington, Clinton D. Rus- the following counties: Carter and Sequoyah sell, Arlan Bullard; Robert Rennie, Keith Readnour, Dean Hart Jr., R. Lindsey Bailey, Clifton D. Naifeh, Vice President Joe B. Lawter, Gregory T. Tontz; Ryland Rivas, Paul D. Brunton, Tulsa Cortnie Cain, April Chasteen; Phillip R. Scott; Wil- Nominating Petitions have been filed nominating liam W. Eakin; E. J. Buckholts, John R. Alexander, Paul D. Brunton for Vice President of the Oklaho- Henry C. Bonney, Kent P. Sullivan, Joe Kyle White, ma Bar Association Board of Governors for a one- and Scott W. Stone year term beginning January 1, 2016. Fifty of the A total of 52 signatures appear on the petitions. names thereon are set forth below: Nominating Resolutions have been received from Garvin Isaacs, Renée DeMoss, William R. Grimm, the following counties: Stephens Allen Smallwood, Robert B. Sartin, John Gaberino, Member At Large James M. Sturdivant, Adam Marshall, Gerald G. Alissa Hutter, Norman Stamper, Thomas D. Robertson, Bradley Beasley, Amelia Fogleman, Kent Siegrist, Mary Bundren, Nominating Petitions have been filed nominating Cana Wilson, Justin B. Munn, Matthew Lyons, Ron Alissa Hutter, Norman, Oklahoma for election of Gore, Christian Barnard, Kelly Smakal, Brad Cun- Member at Large of the Oklahoma Bar Associa- ningham, James Hicks, Brad Heckenkemper, Allen tion Board of Governors for a three-year term E. Barrow Jr., David A. Johnson, David A. Sturdi- beginning January 1, 2016. Fifty of the names vant, Nicholas M. Jones, Kilian Bryce, Joseph thereon are set forth below: Allen, Christopher Barrow, Timothy Rogers, Anne S. Maguire, Caitlin Murphy, Melissa Sartin, Steven David Poarch, Renée DeMoss, Peggy Stockwell, Glenn Heinen, Paul Rossler, Ronald Ricketts, Linda S. Thomas, Kimberly Hayes, Joe Vorndran, Tammy Barrett, Tina Soin, Mark S. Thetford, Mitch- Richard Stevens, Robert D. Gifford, Rick Knighton, ell O’Donnell, Jonathan Neff, Kurt G. Arras, Timo- Richard Vreeland, Jeff Bryant, Gary Rife, Don thy E. Houchin, Kenneth L. Brune, Jack E. Gordon, Pope, John Sparks, Rod Ring, Jan Meadows, Alli- R. Brent Blackstock, Robert Durbin, Rob Ridenour son Dow, Jama Pecore, Dave Batton, Kristina Bell, and Thomas M. Affeldt. Eileen Echols, Dave Stockwell, Kurt Pfenning, Debra Loeffelholz, Amelia S. Pepper, Brenda A. A total of 61 signatures appear on the petitions. Barnes, Richard Sitzman, Sharon Sitzman, John Hancock, E. Joe Lankford, Sam Talley, Christopher Lind, Scott Anderson, Stephen Box, Seth Hendrick, Don Jackson, Patrick Quillian, Kristen Hartman, Kent Bridge, Cesar Armenta, Ed Blau, Lance Phil- lips, Karen Thomas, Elise Hayes, Tara S. Jones, Eliz- abeth Sparks, Taos Smith, Rebekah Taylor, LeAnne McGill and Kathryn Flood. A total of 83 signatures appear on the petitions. Nominating Resolutions have been received from the following counties: Cleveland

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1831 EASY WAYS 4 TO REGISTER ONLINE Register online at www.amokbar.org MAIL FORM OBA Annual Meeting, PO Box 53036, Okla. City, OK 73152 FAX FORM 405-416-7092 PHONE/EMAIL Call Mark at 405-416-7026 or 800-522-8065 or email [email protected]

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

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

1832 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 REGISTRATION Please complete a separate form for each registrant.

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

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

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

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

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Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1833 SCHOLARLY ARTICLE

Initiative Petitions in Oklahoma Existing Process and Possible Revisions By D. Kent Meyers and Elizabeth LaBauve

n the United States, the political mechanisms of direct democracy generally, and of the initiative process specifically, were Ienacted to give voters a greater voice in their government, to promote citizen participation and knowledge, and to permit the popular will to prevail over special interests — i.e., to allow “ordinary citizens” to “take control of the agenda” and “to vote directly on laws rather than candidates for office.”1 An initiative, also known as a popular or citizens’ initiative, is a means by which voters can propose a legislative measure (statutory initiative) or a constitutional amendment (constitutional initiative) by filing a petition signed by the required number of citizens.2 Through the direct initiative process, Oklahoma has reserved to its citizens the right to propose, enact or reject both statutes and constitutional amendments for over a century.3 Certain character- istics of the state’s initiative scheme, however, arguably defeat rather than promote these underlying goals. This article examines these features of the Oklahoma initiative process.

THE INITIATIVE PROCESS IN THE no state has ever voted to discontinue its use. UNITED STATES States have continued to adopt the process at the rate of about one state per decade since the Twenty-four states currently have the initia- 6 tive process available to their citizens. Of these, end of World War II. 18 states allow initiatives to propose constitu- THE INITIATIVE PROCESS IN tional amendments, and 21 states allow initia- OKLAHOMA tives to propose statutory measures (with some Oklahoma has provided for both statutory overlap between these two categories).4 The and constitutional statewide initiative process statutory initiative and referendum, offspring since statehood — first in the original Oklaho- of the populist movement of the 1880s and ma Constitution, and soon thereafter in the 1890s, first were adopted by South Dakota in 1910 compilation of the Oklahoma laws as 1898, and the constitutional initiative was intro- well.7 The specific procedure to be followed in duced by Oregon in 1902.5 The use of the initia- proposing a statewide initiative petition tive process is becoming more widespread, and (including specific filing, binding, verbiage,

1834 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 numbering and typeface requirements) is out- and a “no” vote is a vote against the proposi- lined in Title 34 of the Oklahoma Statutes. Very tion.17 Within five business days of receipt, “the generally speaking, a proponent of such a peti- Attorney General shall, in writing, notify the tion first files the proposed petition with the Secretary of State whether or not the proposed secretary of state and the attorney general; the ballot title complies with applicable laws.”18 If secretary of state designates the applicable the attorney general finds that proposed ballot state question number and petition number.8 title is defective, he or she shall draft and file a The secretary of state publishes a notice of fil- ballot title that complies with the law within 10 ing and of apparent sufficiency or insufficiency business days of making that finding.19 of the petition, which commences a 10-day The secretary of state will conduct a signa- period for protests regarding the legal/consti- ture count and issue a report to the Supreme tutional sufficiency of the petition.9 Any such Court, which issues an order regarding the protests are resolved by the Oklahoma Supreme signatures’ numerical sufficiency or insuffi- Court.10 As soon as “all appeals, protests and ciency.20 Following publication of and opportu- rehearings have been resolved or the period for nity for objection to the signed petitions and such has expired, the Secretary of State shall set the official ballot title (as reviewed by the attor- the date for circulation of signatures for the ney general), if the number of signatures ulti- petition to begin”; “in no event shall the date mately is deemed sufficient and the ballot title be less than fifteen (15) days nor more than is determined to be in compliance with statu- thirty (30) days from the date when all appeals, tory criteria, then the secretary of state notifies protests and rehearings have been resolved or the governor, the governor sets the election have expired.”11 date, and the official ballot title and state ques- Pursuant to recent statutory amendments, tion are submitted to the State Election Board persons circulating the petition for signature for placement on the ballot.21 no longer must be “qualified elector[s]” of Since 1965, 113 initiatives have been filed Oklahoma: circulators need only verify through with the secretary of state. Of those, only 21 a sworn affidavit that they are at least 18 years petitions withstood the requisite scrutiny to old, all signatures were signed in their pres- obtain placement upon the ballot. Ten of those ence, and they believe each signer to be a legal 21 questions were passed by the majority of the voter of the state of Oklahoma.12 Within 90 days voters.22 The most recent initiative to go before of the date set by the secretary of state, the pro- the voters was State Question Number 744, ponent must have gathered the requisite num- which proposed a new article to the state con- ber of verified signatures and filed the signed stitution requiring the state to spend an copies with the secretary of state.13 Currently, an initiative to propose legislation must be amount of money per common school pupil signed by “eight per centum of the legal vot- each year that was equal or greater to the ers,” and an initiative to propose amendments average amounts spent per pupil by sur- to the state constitution must be signed by “fif- rounding states. This constitutional initiative 14 failed to pass in the election of November teen per centum of the legal voters.” As of 23 2010, “[t]he ratio and per centum of legal vot- 2010. Other recent ballot questions have ers . . . shall be based upon the total number of included: SQ 723 (constitutional initiative votes cast at the last general election of the regarding funds for bridges and highways; failed to pass in 2005); SQ 687 (statutory initia- office of governor.”15 tive banning cockfighting; passed in 2002); As of April 2015, the proposed ballot title for and SQ 672 (constitutional initiative regarding the petition, which is separately submitted to casino gaming; failed in 1998).24 the secretary of state, is no longer published OBSTACLES TO USING THE STATE’S with the initial notice of the filing of the peti- INITIATIVE PROCESS tion. Instead, “[w]hen the signed copies of a petition are timely filed” with the secretary of Oklahoma’s initiative scheme has several state, “the Secretary of State shall file a copy of features that can be viewed as promoting use the proponent’s ballot title with the Attorney of the statewide initiative by “ordinary citi- General.”16 The suggested ballot title must not zens,” as compared to the scheme available in exceed 200 words, cannot “reflect partiality in some states. For example, citizens may propose its composition,” and must be worded so that a constitutional as well as statutory measures by “yes” vote is a vote in favor of the proposition petition.25 In addition, Oklahoma does not

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1835 require geographical distribution of signatures The 90-day requirement has been in effect from across the state.26 Finally, Oklahoma’s since 1911; the 8 percent/15 percent voter per- initiative-to-ballot route is a “direct” one; in centage minimums were included in the initial some states, an initiative reaches the ballot constitutional language authorizing initiatives only after going from the people through certi- and have remained unchanged to date.34 fication by the Legislature.27 Although 90 days may not appear overly cir- cumscribed — it is, after all, a full three months Despite these features, spearheading an initiative campaign with a reasonable likelihood of — of the 24 states that provide initiative process, only one state has a shorter signature deadline withstanding challenge and gaining placement 35 on the ballot requires a significant financial out- (Massachusetts, with 64 days). All other initia- lay, as well as a substantial time commitment. tive states allow 150 days or more, with 16 of “Money is, other things being equal, the single those states allowing one year or more (including four states with no time limit for signa- most important factor deter- 36 mining direct legislation out- tures). Oklahoma’s 90-day comes. Well-financed measures deadline has drawn criticism enjoy a significantly greater and has been referred to as the The bulk of the requirement that “dooms most chance of winning than do 37 those that are poorly fi- initiative petition drives.” 28 cost incurred in nanced.” For this article, the The brevity of a 90-day circu- authors contacted an initiative presenting an initiative lation period is underscored campaign consultant with ex- when considered together with perience both circulating and lies in the required the actual number of valid sig- challenging initiative petitions. collection of signatures natures that must be obtained This consultant estimates that during that period. According the cost for filing and circulat- within 90 days of the to the petition signature re- ing a typical petition — not quirements currently pub- including attorney’s fees and date set forth by the lished by the Oklahoma secre- handling any appeals or chal- tary of state, from Nov. 10, 29 secretary of state. lenges — would be $456,610. 2010, until Nov. 12, 2012, an This figure includes: office initiative for statutory change space and supplies; printing (8 percent) was required to and notarization; recruiting, have 82,782 valid signatures, training and paying circulators for 161,200 and an initiative for constitutional change (15 valid signatures (124,000 required for a consti- percent) was required to have 155,216 valid tutional initiative plus a 30 percent “buffer” to signatures.38 Because fewer people voted in the allow for invalid signatures); and other neces- most recent governor’s race, the requirements sary expenses over a 120-day period (compris- have dropped a bit in the last year. Based upon ing 30 days of preparation and the 90-day circu- 30 the 824,831 total votes cast in the last general lation for signatures). Relatedly, the same con- election for governor on Nov. 17, 2014,39 the sultant estimates that lodging a realistic, 60-day authors have calculated that an initiative for challenge to such an initiative petition, not statutory change today would need 65,987 including attorney’s fees, would incur costs of 31 valid signatures, and an initiative for constitu- approximately $353,975 to the challenger. tional change today would need 123,725 valid The bulk of the cost incurred in presenting an signatures.40 In other words, a current propo- initiative lies in the required collection of sig- nent of a constitutional initiative must collect natures within 90 days of the date set forth by valid signatures at an average rate of 1,374 the secretary of state.32 Assuming the petition signatures per day, each day, for the entire reaches this stage, the proponent quickly faces 90-day time period. two Oklahoma statutory requirements for The 15 percent minimum percentage required which compliance is quite costly: 1) this 90-day for constitutional initiatives, in particular, is circulation period for signatures; and 2) the 8 significantly higher than other states’ require- percent/15 percent minimums of legal voters’ ments. Of the 12 states both providing for con- signatures that are required to obtain place- stitutional initiative petitions and tying their ment onto the ballot.33 signature percentage minimum to the number of voters in the most recent gubernatorial race,

1836 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 Oklahoma is tied with only Arizona for the ment for initiatives have not been revised in highest requirement at 15 percent. The other 10 over a century. During this time period, howev- states require 3 percent to 12 percent, with half er, the population of the state has more than (five states) requiring 10 percent.41 Oklahoma’s doubled, making it possible for only those with 15 percent minimum for constitutional initia- access to hundreds of thousands, if not millions, tives therefore exceeds what one leading schol- of dollars to meet both of these requirements ar recommends as reasonable: “It should be and thereby obtain a place on the ballot.47 neither easy nor nearly impossible to obtain Reforms to these aspects of the current initiative the number of signatures necessary to get mea- process should be examined in light of the sures on the ballot. Six to 8 percent of the last state’s public policy, long reflected in both the vote for governor seems an appropriate Oklahoma Constitution and the Oklahoma Stat- requirement for statutory measures, 8 to 10 utes, favoring direct democracy and participa- percent for constitutional measures.”42 Okla- tion of “ordinary citizens.” Absent legislative homa’s 8 percent requirement for statutory action, however, no such reforms will be pre- initiatives is more closely in line with, but still sented to citizens except through use of the on the high end of, the minimums required in process itself — i.e., any changes to the initia- those 14 states that permit such initiatives and tive-petition process depend upon a proponent rely upon gubernatorial election turnout; these who successfully wends his or her way through states’ minimums range from 3.5 percent to 10 the constitutional and statutory requirements percent of gubernatorial votes cast.43 outlined above.

Scholars characterize the collection of signa- 1. John G. Matsusaka, “Direct Democracy Works,” 19 J. Econ. Persp. tures across the jurisdictions as both a sprint 185, 187 (2005). See generally John Dinan, “The Original Intent and Cur- rent Operations of Direct Democratic Institutions,” 70 Alb. L. Rev. 1035 and a marathon: “Even when a group plays by (2007); Thomas E. Cronin, Direct Democracy: The Politics of Initiative, the rules, an incentive exists to get as many Referendum, and Recall 38-60 (1999). people to sign as fast as possible. The circula- 2. Cronin, supra note 1, at 2. 3. See Okla. Const. art. V, §§1-8; Okla. Stat. tit. 34, §§1-27. tion of petitions seldom educates voters; rather, 4. Initiative & Referendum Institute (IRI), State I&R, www.iandr it is a marathon of endurance.”44 In Oklahoma, institute.org/statewide_i%26r.htm (last visited Jan. 19, 2015). 5. Dinan, supra note 1, at 1036-37. The referendum is a process by the burdensome nature of the circulation peri- which proposed or existing statutory or constitutional measure is sub- od and 8/15 percent initiative requirement, mitted to the voters for approval or rejection. Cronin, supra note 1, at 2. Oklahoma law provides for: a legislative referendum, where the Leg- combined with the other procedural criteria islature submits proposed measures to the voters; a constitutional ref- applicable to all initiatives, realistically means erendum, where the Legislature submits proposed constitutional amendments to the voters; and a “referendum petition,” where the that an individual or group who undertakes an voters propose changes to legislation enacted in the current legislative initiative campaign must rely upon profes- session through filing a petition with the secretary of state. See Okla. sional signature collectors. Because the voters’ Sec’y of State, State Questions, www.sos.ok.gov/gov/state_questions. aspx (last visited Jan. 19, 2015); Okla. Const. art. V, §§1-8; id. art. XXIV signatures must be gathered within such a §§1, 3; Okla. Stat. tit. 34, §§1-27. This article focuses on the initiative condensed time frame, and each signature rather than referendum process, although many of the same policy considerations apply. must meet specific statutory requirements, it is 6. Matsusaka, supra note 1, at 186. impractical to rely upon volunteer signature 7. See Okla. Const. art. V, §§1-5, 6-8; 1910 Okla. Rev. Laws, §§3368- 3372, 3374-3379, 338, 3386-3387, 3392-3394 (now codified as Okla. Stat. collectors for such a large-scale project. Circu- tit. 34, §§1-3, 4-5, 7-12, 17, 21-25). Oklahoma provides for initiative and lation costs ($285,610) therefore are nearly two- referendum process on local levels as well, although these processes thirds of the estimated $456,610 budget are outside the scope of this article. See, e.g., Okla. Const. art. V, §5 (reserving powers of the initiative and referendum “to the legal voters required to file and circulate a proposed consti- of every county and district”). tutional initiative petition.45 Moreover, this 8. See Okla. Stat. tit. 34, §§2, 7, 8, 9. The secretary of state also provides an overview of the entire statewide initiative process on its budget figure does not include attorney’s fees, website; see Okla. Sec’y of State, Brief of the Petition Process for State which may range from $500,000 to $750,000, Questions, www.sos.ok.gov/gov/petition_process.aspx. 9. Okla. Stat. tit. 34, §8(B). and does not include the potential $1-2 million 10. Id. §8(C)-(D). that will be spent on voter education and on 11. Id. §8(E). 12. Id. §6. House Bill 1484, which amended several initiative- advertising after the issue is approved for related provisions of Title 34, was signed into law on April 28, 2015. See placement on the ballot. These enormous costs H.B. 1484, 55th Leg., 1st Sess. (Okla. 2015). have led to concerns that the process is becom- 13. Okla. Stat. tit. 34, §§4, 8(E). 14. Okla. Const. art. V, §2. ing inaccessible to all but those with extraordi- 15. Id. nary financial resources at their disposal.46 16. Okla. Stat. tit. 34, §8(A), (H). 17. Id. §9(B). CONCLUSION 18. Id. §9(D)(1). 19. Id. 20. Id. §8(H). Oklahoma’s 90-day circulation period and 8 21. Id. §§3-5, 8(I)-(K), 9(D)(2), 10, 11, 12, 17. percent/15 percent voter signature require- 22. Okla. Stat. tit. 34 app. (2011 & 2014 supp.)

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1837 23. Id.; Okla. Sec’y of State, Search State Questions, www.sos. dmd/www/resapport/states/oklahoma.pdf (last visited Jan. 19, ok.gov/gov/questions.aspx. 2015) (reporting that Oklahoma’s population was 1,657,155 in 1910; 24. Okla. Stat. tit. 34 app.; Okla. Sec’y of State, Search State Ques- U.S. Census Bureau, State & County QuickFacts: Oklahoma (Dec. 4, tions, supra note 23; see Editorial, “Oklahoma Initiative Process Needs 2014), http://quickfacts.census.gov/qfd/states/40000.html (reporting to Change,” Oklahoman, Oct. 26, 2014. that Oklahoma’s population was 3,751,351 in 2010). 25. See supra notes 4, 7. 26. “About half of the states permitting the initiative and referendum require some form of geographic distribution for petition signature – e.g., a requirement that only a certain percentage of signatures About The AuthorS may come from any one county or that a minimum percentage must come from a certain number of counties or congressional districts. Cronin, supra note 1, at 235-36. D. Kent Meyers of Oklahoma 27. Id. at 192, 241-42. City is a director with Crowe & 28. Id. at 215. 29. See “Typical Petition Circulation Budget,” Larry Wood (Nov. 12, Dunlevy whose practice focuses 2014) (on file with authors). on litigation and antitrust law. He 30. See id. 31. See “Typical Budget: 60 Day IP Challenge,” Larry Wood (Nov. is a frequent lecturer and adjunct 18, 2014) (on file with authors). law professor at the state’s three 32. See Okla. Stat. tit. 34, §8(E). 33. Id.; Okla. Const. art. V, §2. law schools. He was a distin- 34. See Act of March 18, 1911, ch. 107, §2, 1911 Okla. Sess. Laws 235, guished lecturer in law at Brasen- 236; Okla. Const. art. V, §2. 35. IRI, “Signature, Geographic Distribution and Single Subject ose College, Oxford University. (SS) Requirements for Initiative Petitions” [hereinafter IP Require- He is a co-founder of Oklahoma Lawyers for Children, ments], http://goo.gl/112NHL. a nonprofit group providing volunteer lawyers to repre- 36. Id. 37. See, e.g., Arnold Goldman, Op-Ed, “Good Ideas Don’t Survive sent deprived children in juvenile court. the Grinder,” Okla. Observer, Oct. 30, 2014; Editorial, supra note 24. 38. Okla. Sec’y of State, Initiative and Referendum Process for Fil- ing a State Question, www.sos.ok.gov/gov/signature.aspx. 39. Okla. State Election Bd., Official Results: Federal State, Legisla- Elizabeth LaBauve is a judicial tive and Judicial Races: General Election – Nov. 4, 2014 (Nov. 17, 2014), www.ok.gov/elections/support/ok_results_seb.html. law clerk to United States Magis- 40. IRI, IP Requirements, supra note 35. trate Judge Charles B. Goodwin. 41. Id. 42. Cronin, supra note 1, at 235. Formerly in private practice, she 43. IRI, IP Requirements, supra note 35. graduated with honors from the 44. Cronin, supra note 1, at 63. The bulk of information dissemina- OU College of Law. She currently tion and citizen education takes place later in the initiative process, after the petition has been accepted but before the ballot issue is serves as treasurer of the Oklaho- decided by the voters. See id. at 79-87. ma City Chapter of the Federal 45. Wood, supra note 29. 46. See supra note 37 and accompanying text. Bar Association and is a barrister 47. U.S. Census Bureau, Resident Population and Apportionment in the William J. Holloway Jr. Inn of Court. of the U.S. House of Representatives: Oklahoma, www.census.gov/

1838 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 SCHOLARLY ARTICLE

Tribal Hunting and Fishing Regulatory Authority Within Oklahoma By Ralph Keen II GENESIS OF AUTHORITY unting and fishing have always been time-honored tradi- tions with Oklahoma Indian tribes. Being crucial to their Heconomic and cultural welfare, as well as their very sub- sistence, hunting, fishing and gather rights were jealously protected by most tribes in their treaty negotiations and agreements with federal authorities.1

When the treaty or agreement is silent with 1785 Treaty of Hopewell set aside significant respect to hunting and fishing rights, the rights tracts of land to the Cherokees for their “hunt- are implied. The Supreme Court created the ing grounds.”4 In the 1791 Treaty of Peace and doctrine of reserved hunting and fishing rights Friendship, the United States covenanted to in the 1968 case of Menominee Tribe of Indians v. preserve and protect the Cherokee hunting United States which held the establishment of a rights by excluding noncitizens from Cherokee reservation by treaty, statute or agreement in- lands. Article 9 provided: “no citizen or inhab- cludes an implied right of Indians to hunt and itant of the United States shall attempt to hunt fish on that reservation free of regulation by the or destroy the game on the lands of the Chero- state.2 Such rights are deemed property rights kees.”5 Even as westward expansion brought which cannot be divested without just compen- about large cessions of tribal lands, the Chero- sation.3 Yet, the exact scope of hunting and fish- kee bargained to ensure their continued ability ing rights can differ with each federally recog- to hunt and fish on lands being ceded to the nized tribe, and thus must be analyzed against United States.6 With the advent of federal the unique backdrop of the tribe’s treaty histo- Indian removal polices, the hunter life and the ry, and its subsequent government-to-govern- scarcity of game continued to be of paramount ment relationship with the United States. The concern to Indian tribes as they were removed numerous treaties between the United States from their aboriginal homelands.7 Sweeping and the Cherokee Nation offer an excellent treaty covenants were made to the Cherokee to framework to examine the application of the ensure they would be able to set up a new doctrine in Indian Country, to nonrestricted nation, free from nonIndian trespass and lands within Cherokee Nation, and to hunting encroachment they had repeatedly suffered in and fishing rights extending beyond Cherokee the east. The Treaty of May 6, 1828, exemplified Nation treaty boundaries. this and held as its primary object to establish: “[A] permanent home, and which shall, under CHEROKEE RESERVED TREATY RIGHTS the most solemn guarantee of the United States, Dating back to its earliest pre-removal trea- be, and remain, theirs forever — a home that ties the Cherokee were always mindful of pro- shall never, in all future time, be embarrassed tecting their hunting and fishing rights. The by having extended around it the lines, or

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1839 placed over it the jurisdiction of a territory or Article 4 of the treaty dealt directly with state, nor be pressed upon by the extension, in shared hunting and trapping rights, and pro- any way, of any of the limits of any existing vided: territory or state; . . . “.8 “It is understood and agreed by all nations or The Cherokees negotiated for 7 million acres tribes of Indians parties to this treaty, that each to be conveyed to them by federal patent grant and all of said nations or tribes have free per- in fee simple absolute. This set up the political mission to hunt and trap in the Great Prairie jurisdiction boundaries of the modern Chero- west of the Cross Timber, to the western limits kee Nation that exist to this day and have of the United States.”15 9 never been disestablished. The Cherokee fur- The Western Cross Timbers, as it existed in ther negotiated for general use rights of lands circa 1835 was a geographic designation which lying west of its political territory, which are took in all of modern Cherokee Nation. Thus, analogous to the “off-reservation” rights up- for the treaty to grant the Cherokee and other held in many supreme court cases and still tribes permission to hunt and trap in the survive. “Great Prairie” west of the “Cross Timbers” to Article 2 provides: the western limits of the United States would necessarily take in most, if not all, of western In addition to the seven millions of acres thus Oklahoma up to the panhandle region. This provided for, and bounded, the United States treaty, when read in conjunction with the four further guarantee to the Cherokee Nation a Cherokee removal treaties, not only establish perpetual outlet, West, and a free and unmo- exclusive hunting and fishing rights as part of lested use of all the Country lying West of the its “permanent home” within its treaty bound- Western boundary of the above described limits, aries, but further establish extended rights to and as far West as the sovereignty of the United hunt, trap and fish west of its territorial bound- States, and their right of soil extend.10 aries in virtually all of western Oklahoma, exclusive of the panhandle. This same “free and unmolested use” cove- nant also appears in the Treaty of February 14, OVERVIEW OF REGULATORY AUTHORITY 1833;11 the Treaty of March 14, 1835;12 and the 13 Cherokee Authority Over Tribal Citizens in Treaty of December 29, 1835. In circa 1835 Cherokee Indian Country United States sovereignty extended to lands inclusive of all of western Oklahoma up to the It is well-settled that aboriginal title, along panhandle region. with its component hunting and fishing rights, remains vested in the tribe unless abrogated by Although the treaties do not detail the spe- treaty, abandoned or extinguished by statute.16 cific rights being granted, the broad scope of These rights are viewed as unique and exclu- the plain language suggests an all-encompass- sive to the tribe and attach from the establishing intent that would necessarily include the ment of a reservation for its exclusive use use and enjoyment of the natural bounties of whether the reservation was set aside by exec- the land to a native society traditionally depen- utive order, statute, agreement or treaty.17 It dant on hunting, fishing and gathering as an follows as an attribute of inherent sovereignty inseparable part of its culture and existence.14 that tribes retain the power of self-government, Perhaps the best illustration of this intent is including regulatory authority over their citi- the Treaty of August 24, 1835, in which the zens, when those powers have not been dimin- United States specifically granted hunting and ished by treaties or acts of Congress. “By virtue trapping rights in the western regions of Okla- of their retained power of self-government, homa to a number of plains tribes and several tribes holding on-reservation hunting, fishing, members of the Five Civilized Tribes, includ- and gather rights also retain the power to regulate their members in the exercise of those ing the Cherokee. This treaty between the 18 United States and the Comanche, the Witche- rights.” taw [sic], the Cherokee, the Muskogee, the This was confirmed in Oklahoma by the 10th Choctaw, the Osage, the Seneca and the Qua- Circuit in Cheyenne-Arapaho Tribes v. Oklahoma paw ended hostilities and established peace which held: “[S]tate hunting and fishing laws and friendship between the United States and do not apply, directly or indirectly, to hunting the various tribes. and fishing by members of the Cheyenne-

1840 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 Arapaho Tribes on lands held as Indian allot- Preclusive concurrent jurisdiction is applica- ments and on lands held in trust by the United ble in the case of Cherokee Nation because it States for the Tribes.”19 The Cheyenne-Arapaho has enacted a comprehensive hunting and fish- court centered its analysis on the federal defini- ing regulatory code that sets up seasons, bag tion of Indian Country found in 18 U.S.C. limits and legal means of taking fish and game §1151, which in the case of the Cherokee would by individual hunters, but prohibits any form further include original tribal patent lands, the of commercial hunting, fishing or trapping Arkansas riverbed20 and all dependant Indian activities.28 Under preclusive concurrent juris- communities situated within its territorial diction, Oklahoma may impose nondiscrimi- jurisdiction. natory regulations for hunting, fishing and gathering rights of Cherokee citizens on fee Cherokee Authority Over Noncitizens In Cherokee lands situated inside the territorial jurisdiction Indian Country of the Cherokee Nation, but for the purposes of Indian tribes have the authority to exclude conservation only.29 Oklahoma may not condi- noncitizens from their trust lands and other tion the exercise of tribal citizens’ hunting, fish- tribal lands as well as to attach conditions on ing and gathering rights within the Cherokee the right of entry or to engage in particular Nation on obtaining a state hunting or fishing activities within Indian Country.21 “Indian license.30 tribes retain the broad power, Cherokee Authority Over exclusive of the states, to regu- Noncitizens On Fee Lands late the conduct of nonmem- Situated Within The bers on trust and tribal land in Cherokee Nation Indian Country. Tribes can en- Indian tribes have act game codes applicable to The Supreme Court has deter- nonmembers who hunt, fish the authority to exclude mined that exclusive tribal regu- and gather on tribal lands, as noncitizens from their lation of noncitizens on fee well as charge licensing and lands within political boundar- permit fees.”22 The authority to trust lands and other ies to be “inconsistent with the regulate necessarily includes dependent status of the tribes” the authority to enforce its reg- tribal lands as well as unless specifically authorized ulations through arrest and to attach conditions on under federal law, or where equipment seizures.23 This au- one of two exceptions can be thority over noncitizens in the right of entry or to shown to exist.31 Under the Indian Country is not by virtue Montana test, tribes may qualify of federal law or treaty, but an engage in particular to regulate noncitizen hunting attribute of retained inherent activities within and fishing on fee lands within sovereignty. its boundaries only if 1) the non- Indian Country. citizen has entered into a con- Cherokee Authority Over Tribal sensual relationship with the Citizens on Fee Lands Situated tribe or its members; or 2), the Within The Cherokee Nation24 noncitizen’s conduct “threatens As stated, tribes may regulate the conduct of or has some direct affect on the political integri- their citizens in Indian Country. This authority ty, the economic security, or the health and wel- extends to tribal citizens who may choose to fare of the tribe.”32 While Montana has been exercise the treaty-reserved hunting, fishing applied to deny northern reservation tribes and gathering rights of the tribe on fee lands regulatory authority over noncitizens,33 it within its original treaty boundaries, but are no should be noted that neither Montana nor its longer classified as Indian Country.25 Yet tribal progeny involved tribes that possess treaty jurisdiction in this setting is not exclusive. Indi- rights both within and beyond their treaty an tribes and states ordinarily share concurrent boundaries, as do many Oklahoma tribes. authority to regulate in this area in the interest of Cherokee Authority West Of The Cherokee Nation conservation.26 However, effective tribal regulation of its citizens’ hunting, fishing and gather- Considering regulation of tribal citizens in ing activities on fee lands within political bound- the exercise of Cherokee Nation’s extended aries will ordinarily preclude concurrent state hunting and fishing rights on lands west of the regulation.27 Cherokee Nation, the same jurisdictional analy-

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1841 sis and policy considerations discussed under a small sum to the state for each license issued, preclusive concurrent jurisdiction would pre- which in turn will qualify the state to receive sumably apply to fee lands situated both within, extensive federal grant dollars earmarked for and west of, Cherokee territorial boundaries. the states which can only be used for future Conversely, there is no precedence to suggest wildlife management and conservation. Every that Cherokee Nation would have any basis for Cherokee citizen above the age of 16 will be regulatory authority over noncitizens outside of eligible to receive a dual license, plus one deer its territory boundaries, and such authority tag and one turkey tag annually, all at no cost would thus be vested exclusively in the state of to the citizen. Each sovereign will continue to Oklahoma. enforce its conservation laws within its jurisdiction. Hunting seasons and bag limits will To summarize, the full spectrum of tribal continue to be observed and enforced by both and state hunting and fishing regulatory governments. authority over Cherokee citizens and noncitizens vis-à-vis Cherokee retained treaty rights If the pilot compact performs as expected, can be summarized as seen in the chart below. the benefits will be four-fold. Cherokee citizens will enjoy hunting and fishing rights in both RECENT COMPACTING EFFORTS jurisdictions as promised by the treaty cove- Historically, complex tribal/state jurisdic- nants. Cherokee Nation will benefit by utiliz- tional confrontations have proven to take many ing the state’s existing wildlife conservation years to resolve in the courts, oftentimes with infrastructure on a statewide basis at a reason- one or both entities being less than satisfied able cost. Oklahoma will benefit by the inflow with the results. By far the more pragmatic of millions of additional federal dollars for solution is for tribes and the state to work enhanced wildlife conservation and manage- together to develop carefully crafted government. Finally, native wildlife will benefit and mental compacts that facilitate the responsible flourish through increased conservation pro- exercise of treaty rights, while respecting and grams and responsible regulation by both sov- preserving the sovereign rights of both without ereigns. The compact is presently scheduled protracted litigation. for implementation by Jan. 1, 2016. On May 29, 2015, Oklahoma Gov. Mary Fall- CONCLUSION in and Cherokee Nation Principle Chief Bill The reserved hunting and fishing treaty John Baker entered into an innovative new rights of Oklahoma tribes are undeniable and compact which, if successful, could prove to significant. Tribal efforts to protect and con- usher in a new paradigm in the exercise of serve natural wildlife resources within their reserved hunting and fishing treaty rights, respective jurisdictions through responsible while simultaneously navigating the jurisdic- regulation are no less legitimate than state tional labyrinth, benefiting both sovereigns, efforts; yet, the overlapping areas of preclusive, and avoiding litigious uncertainty. Under the limited and qualifying concurrent jurisdiction compact the Cherokee Nation, in conjunction pose unique challenges. Compacting has been with the Oklahoma Department of Wildlife successfully employed in the past in similarly Conservation, will begin issuing “dual” annual complex areas such as motor vehicle tags, hunting and fishing licenses to tribal citizens motor fuels tax and tobacco tax, and it stands that will be recognized by both sovereigns in to reason that it could be equally successful in their respective jurisdictions. The tribe will pay

Cherokee Cherokee Noncitizens Cherokee Noncitizens Citizens & Non- Citizens on Fee on Fee Lands Citizens West West of citizens within Lands within within of Cherokee Cherokee Cherokee Indian Cherokee Cherokee Nation Nation Country Nation Nation Cherokee Exclusive Preclusive Qualifying Preclusive Nation Concurrent Concurrent Concurrent —— State of Limited Presumptive Limited Exclusive Oklahoma —— Concurrent Concurrent Concurrent

1842 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 this arena. Through careful government-to- adjoining its territory, subject only to the navigational servitude of the United States. Choctaw Nation v. Oklahoma, 397 U.S. 620 (1970). government negotiation, compacting respects 21. Marrion v. Jicarilla Apache Tribe, 455 U.S. 130, 144 (1982); Montana the rights of both sovereigns, while creating a v. United States, 450 U.S. 544, 557 (1981). 22. Cohen’s at §18.06[1] (citations omitted). logistically workable and mutually beneficial 23. Settler v. Lameer, 507 F.2d 231, 233, 238 (9th Cir. 1974); Lac Courte platform to protect and conserve these shared Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin, 668 F. Supp. 1233, 1241 (W.D. Wis. 1987). natural resources, as good stewards of the land 24. For the purposes of this discussion the term “fee lands” is used should. in its broadest sense to include any lands not meeting the federal defi- nition of Indian Country. 25. Cohen’s at §18.04[3][b] citing Settler v. Lameer, 507 F.2d 231, 236 1. See e.g., Mitchell v. United States, 34 U.S. 711, 746 (1835) (Indian (9th Cir. 1974); Lac Courte Oreilles Band of Lake Superior Chippewa Indians possession or occupation was considered with reference to their habits and v. Wisconsin, 668 F. Supp. 1233, 1241 (W.D. Wis. 1987); United States v. modes of life; their hunting grounds were as much in their actual possession Michigan, 471 F. Supp. 192, 274 (W.D. Mich. 1979), aff’d as modified, 653 as the cleared fields of the whites; and their rights to its exclusive enjoyment F.2d 277 (6th Cir. 1981). in their own way and for their own purposes were as much respected . . .). 26. United States v. Washington, 520 F.2d 676, 686 n.4 (9th Cir. 1975). 2. Menominee Tribe of Indians v. United States, 391 U.S. 404, 406 (1968) 27. Cohen’s at §18.04[3][a] citing United States v. Washington, 520 F.2d (reservation of lands “to be held as Indian Lands are held” necessarily 676, 686 n.4 (9th Cir. 1975); Lac Courte Oreilles Band of Lake Superior Chip- included rights to hunt and fish on those lands). pewa Indians v. Wisconsin, 668 F. Supp. 1233, 1241-1242 (W. D. Wis. 1987) 3. Id. at 413. (preliminarily defining effective tribal regulations as including ade- 4. Treaty of November 28, 1785, (Treaty of Hopewell), 1785, art. 4, 7 quate provision for conservation, effective enforcement, form of offi- Stat.18. cial tribal identification, and full tribal-state exchange of relevant infor- 5. Treaty of July 2, 1791, (Treaty of Holston), 1791, art. 9, 7 Stat. 39. mation); United States v. Michigan, 471 F. Supp. 192, 274 (W.D. Mich. 6. See, e.g., Treaty of October 2, 1798, (Treaty of the Cherokee), 1798, 1979), aff’d as modified, 653 F.2d 277 (6th Cir. 1981); see also Lac Courte art. 7, 7 Stat. 62, (Providing that until settlements made it improper, Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin, 707 F. Supp. “the Cherokee hunter shall be at liberty to hunt and take game upon the lands 1034, 1055 (W.D. Wis. 1989) (despite “inadequacies” in tribal plan, tribes relinquished and ceded by this treaty.”). entitled to exclusive regulations of members’ off-reservation muskel- 7. See, e.g., Treaty of July 8, 1817, (Treaty with the Cherokees), 1817, lunge and walleye fishing if tribes “enact plans that correct the defects”). Preamble, 7 Stat. 156, (the deputies from the lower towns to make known 28. Cherokee Nation Legislative Act LA-36-06 (2006). their desire to continue the hunter-life, and also the scarcity of game where 29. Cohen’s at §18.04[3][a] citing Puyallup Tribe v. Dep’t of Game, 391 they then lived,… their wish to remove across the Mississippi river, on some U.S. 392, 398 (1968). vacant lands of the United States.). 30. Tulee v. Washington, 315 U.S. 681, 684 (1942). 8. Treaty of May 6, 1828, (Treaty of Washington II), 1828, preamble, 31. Montana v. United States, 450 U.S. 544, 564 - 565 (1981); South 7 Stat. 311. Dakota v. Bourland, 508 U.S. 679 (1993). 9. The territorial jurisdiction of the Cherokee Nation is articulated 32. Montana at 565-66. in Article II of the 2003 Cherokee Constitution, which provides: “The 33. See, e.g., South Dakota v. Bourland, 508 U.S. 679 (1993); South boundaries of the Cherokee Nation territory shall be those described by the Dakota v. Bourland, 39 F.3d 868, 869 - 870 (8th Cir. 1994); Lower Brule patents of 1838 and 1846 diminished only by the Treaty of July 19, 1866, and Sioux Tribe v. South Dakota, 104 F.3d 1017, 1023 - 1024 (8th Cir. 1997). the Act of March 3, 1893.” 10. Id., art 2 (emphasis added). 11. Treaty of February 14, 1833, (Articles of Agreement and Conven- About The Author tion), 1833, preamble, 7 Stat. 414. 12. Treaty of March 14, 1835, (Agreement with the Cherokee), 1835, art. 3, 1 CNCA 257 (unratified). Ralph Keen is a solo practitio-

13. Treaty of December 29, 1835, (The Treaty of New Echota) art. 2, 7 Stat. 478. ner of 19 years in Stilwell. His 14. When treaty terms are vague or ambiguous, the language is to fields of practice include real prop- be construed as the tribes would have understood them. Minnesota v. erty, title examination, Indian law, Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999); see also Cohen’s, infra note 16 at § 2.02. tribal constitutional reform, 15. Treaty of August 24, 1835, (Treaty with the Comanche, etc., municipal law and general civil a/k/a Treaty of Camp Holmes), 1835, art. 4, 7 Stat. 474. 16. Cohen’s Handbook of Federal Indian Law (“Cohen’s”), §18.01 (2012 practice. His experience includes ed.) citing United States v. Santa Fe Pac. R.R. Co., 314 U.S. 339, 347 (1941); municipal judge, assistant district Sac & Fox Tribe v. Licklider, 576 F.2d 145 (8th Cir. 1978). 17. Supra note 2. attorney, A.L.J., adjunct professor 18. Cohen’s at §18.03[2][a] citing New Mexico v. Mescalero Apache and municipal attorney. He is currently of counsel to the Tribe, 462 U.S. 324, 330 (1983); State v. McClure, 268 P.2d 629,635 (Mont. Cherokee Nation Attorney General’s Office and serves 1954); Pioneer Packing Co. v. Winslow, 294 P. 557, 560 (Wash. 1930). 19. Cheyenne-Arapaho Tribes v. Oklahoma, 618 F.2d 665, ¶ 24 (10th Cir. on the Title Examination Standards Committee of the 1980). OBA Real Property Law Section. He can be reached at 20. The Cherokee Nation enjoys exclusive jurisdiction over the portion of the bed and banks of the Arkansas river running through or [email protected].

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1843 SEPT. 28 - TULSA OCT. 6 - OKC

1844 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 SCHOLARLY ARTICLE

New Discovery Master Law Takes Effect on Nov. 1, 2015 By James C. Milton

ffective on Nov. 1, 2015, the Oklahoma Discovery Code will include a new statute that provides for discovery masters in Ecivil litigation.1 The new statute will be codified as Section 3225.1 of the Discovery Code.

Section 3225.1 is based in large part on Rule covery motions involving highly specialized 53 of the Federal Rules of Civil Procedure..2 issues.”5 Rule 53 allows for federal courts to appoint Prior to the enactment of Section 3225.1, “judicial masters” to address complex issues in Oklahoma statutes provided for referees, but exceptional cases. Judicial masters are typically only in cases of accountings or with the consent private attorneys, CPAs or other professionals of the parties.6 Some state court judges have who are appointed by courts to address com- used the Oklahoma referee statutes for the plex issues in specific cases. appointment of discovery masters, but in these The goal of judicial masters, such as discov- cases the judge would need the parties’ con- ery masters, is to ensure efficiency in the court sent. In some cases, a litigant who is engaged system. As stated in the comments to the 2003 in aggressive discovery tactics or otherwise amendment to Rule 53, “[t]he appointment of causing delay or expense to the litigation pro- masters to participate in pretrial proceedings cess may refuse to consent to the appointment has developed extensively over the last two of a discovery master. In other instances, one decades as some district courts have felt the or more litigants may believe they benefit need for additional help in managing complex from delays in litigation and withhold their litigation.”3 The use of masters in complex mat- consent on this basis. The new statute will ters will help allow judges to address other remove the ability of litigants to withhold matters on their dockets. As one commentator their consent from the appointment of a dis- noted, “[t]he presence of complex cases directly covery master, and at the same time will affects a court’s average case resolution time.”4 impose restrictions and requirements on the “The objective of some state courts is to allevi- use of discovery masters. ate some of the caseload problems. The sheer Section 3225.1 implements a number of pro- magnitude of a complex case may overwhelm tections designed to prevent overuse or abuse the time available to a judge who has other of the discovery master tool. For example, cases on their docket. Conducting a camera before a discovery master can be appointed in review of documents to review claims of the face of objection (or lack of consent) from privilege might take weeks or months of time, the litigants, the judge must make special find- and many judges cannot fairly absent them- ings that the case is complex or otherwise selves from their other cases to devote this exceptional and the benefit of appointment of a amount of time to a single case. Other courts discovery master will outweigh the cost.7 The appoint special masters to preside over dis- statute also allows the judge to allocate the cost

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1845 • Exercise the trial court’s power to take and record evidence, including compelling …the trial court must find appearances of witnesses or production of documents in connection with these that the appointment will not duties.17 improperly burden the rights of the • Recommend sanctions.18 parties to access the courts. Required findings for order of appointment in the absence of consent. In the absence of the parties’ consent, the order appointing discovery master must contain the following of the discovery master based, among other findings: things, on the litigants’ means to pay the costs and their responsibility for the discovery dis- • First, the trial court must find the appoint- pute requiring appointment of the discovery ment and referral are necessary in the master.8 administration of justice due to the nature, complexity or volume of the materials The following is a summary of the important involved or for other exceptional circum- components of the new statute: stances.19 Appointment on motion by party or the • Second, the trial court must find that the court’s own motion. The trial court can appoint likely benefit of the appointment of a dis- a discovery master either on a party’s motion 9 covery master outweighs its burden or or on its own motion. expense, considering the needs of the case, Hearing must be held on appointment, the amount in controversy, the parties’ unless waived. The court must give notice and resources, the importance of the issues at hold a hearing on the appointment of a discov- stake in the action and the importance of ery master, unless the hearing is waived.10 the referred issues in resolving the matter or proceeding in which the appointment is Scope of a discovery master’s appointment. made.20 If the parties consent to the appointment of a discovery master, the discovery master can • Third, the trial court must find that the perform any duties related to discovery.11 In the appointment will not improperly burden absence of the parties’ consent, the discovery the rights of the parties to access the master may be appointed to address pretrial courts.21 and post-trial discovery matters to facilitate an In making these findings, the trial court must effective and timely resolution.12 consider the fairness of imposing the likely Scope of a discovery master’s authority. expenses on the parties and shall protect 22 Unless otherwise stated in the order of appoint- against unreasonable expense or delay. ment, the discovery master may: Required contents of the order of appoint- • Regulate all proceedings and respond to ment. Regardless of whether the parties con- all discovery motions of the parties within sent, the order appointing a discovery master the scope of appointment, including must contain the following: resolving all discovery disputes between • The order must require the discovery the parties.13 master to proceed with all reasonable dili- 23 • Call discovery conferences under District gence. Court Rule 5, either on a party’s motion or • The order must state the discovery mas- the discovery master’s own motion.14 ter’s duties, including any investigation or 24 • Set procedures for the timing and orderly enforcement. presentation of discovery disputes for res- • The order must state the circumstances, if olution.15 any, in which the discovery master may engage in ex parte communications with • Take all appropriate measures to perform the parties.25 For example, the trial court’s the assigned duties fairly and efficiently.16 order may state that the discovery master must observe the same restrictions on ex

1846 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 parte communication as are applicable to recommendation is filed, the following rules judicial officers under Rule 2.9 of the Code apply: of Judicial Conduct. • Unless otherwise ordered by the trial • The order must state any limitations on court, the parties have 14 days to object to the discovery master’s communications a discovery master’s order, report or rec- with the court.26 By way of example, the ommendation.34 trial court’s order may require that the • If an objection is filed, the other parties discovery master must file with the court have 15 days to respond.35 all reports or other communications with the court. • If the parties do not object to the discovery master’s order, report or recommendation, • The order must state the nature of the the trial court can approve the order, materials to be preserved and filed as the report or recommendation without further record of the discovery master’s activi- notice or hearing.36 ties.27 The order should require the discovery master to file a report, as well as any • The trial court is to engage in de novo review of all objections to the discovery status reports that the trial court may wish 37 to see. In addition, the order can be draft- master’s conclusions of law. ed in a manner that protects the discovery • The trial court is to review the discovery master’s draft reports. For example, the master’s procedural rulings on an abuse of order of appointment might contain the discretion standard.38 The trial court can following language: “It is the court’s inten- modify this standard of review for the dis- tion that the discovery master shall per- covery master’s procedural rulings, by form her duties without concern for the setting forth the applicable standard of potential disclosure of her drafts or work review in the order of appointment.39 product. Accordingly, the court rules that • The trial court is to engage in de novo the discovery master’s drafts and work review of all objections to the discovery product shall be protected from disclosure master’s findings of fact.40 If the parties in the same manner as provided by Okla. stipulate, the trial court can modify the Stat. tit. 12, §3226(B)(3) (2015).” standard of review for the discovery mas- 41 • The order must state the time limits, meth- ter’s findings of fact. In this manner, the ods of filing the record, other procedures trial court can allow the discovery mas- and standards for reviewing the discovery ter’s findings of fact to become final with- master’s orders, findings and recommen- out review, or provide for review of the discovery master’s findings of fact for dations.28 clear error. • The order must state the basis, terms and • In acting on a discovery master’s order, procedure for fixing the discovery mas- report or recommendations, the court ter’s compensation.29 may receive evidence, adopt or affirm, Preparing and amending the order of modify, wholly or partly reject or reverse appointment. The trial court can prepare the or resubmit to the discovery master with order of appointment, or direct the discovery instructions.42 30 master to prepare and circulate the order. The Discovery master’s compensation. The trial order of appointment can be amended at any court sets the basis and terms of the discovery 31 time after notice and hearing. master’s compensation.43 This information is to 44 Discovery master’s oath. The discovery mas- appear in the order of appointment. The trial ter must execute and file an oath.32 court can change the basis and terms of the discovery master’s compensation, after notice Filing and review of discovery master’s and hearing.45 The trial court can order the dis- orders, reports and recommendations. All covery master’s compensation to be paid 1) by orders, reports and recommendations issued a party or parties or 2) from a fund that is the by a discovery master must be filed with the subject of the pending proceeding.46 If pay- court and promptly served on all parties.33 ment comes from a fund, the trial court must Once the discovery master’s order, report or have jurisdiction over that fund.47 The new

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1847 statute expressly provides that the discovery 8. Id. §3225.1(G)(3). 9. Id. §3225.1(A)(1). master’s compensation cannot be paid from 10. Id. §3225.1(A)(1), (C)(1). the court fund.48 11. Id. §3225.1(A)(1)(a). 12. Id. §3225.1(A)(1)(b). The trial court can allocate the discovery 13. Id. §3225.1(D)(1)(a). 14. Id. §3225.1(D)(1)(b). master’s compensation between and among 15. Id. §3225.1(D)(1)(c). the parties. This allocation can be done on an 16. Id. §3225.1(D)(1)(d). 17. Id. §3225.1(D)(1)(e). interim basis, and adjusted at the end of the 18. Id. §3225.1(D)(2). These sanctions can be based upon Okla. Stat. proceeding. In making this allocation, the court tit. 12, §§2004.1, 3226.1, 3237 (2015). 19. Okla. Stat. tit. 12, §3225.1(A)(2)(a) (effective Nov. 1, 2015). must consider 1) the amount in controversy, 2) 20. Id. §3225.1(A)(2)(b). the parties’ means and 3) the extent to which 21. Id. §3225.1(A)(2)(c). 22. Id. §3225.1(A)(3). any party is more responsible than the others 23. Id. §3225.1(C)(2). 49 for the need for a discovery master. 24. Id. §3225.1(C)(2)(a). 25. Id. §3225.1(C)(2)(b). Conflict of interest and disqualification. 26. Id. §3225.1(C)(2)(c). 27. Id. §3225.1(C)(2)(d). Discovery masters are subject to the same con- 28. Id. §3225.1(C)(2)(e). flict-of-interest standards as judges.50 Any pos- 29. Id. §3225.1(C)(2)(f). sible conflicts must be disclosed within 14 days 30. Id. §3225.1(C)(2). 31. Id. §3225.1(C)(3). 51 of the appointment. Section 3225.1(B) pro- 32. Id. §3225.1(C)(4). vides a disqualification procedure that is based 33. Id. §3225.1(E). 52 34. Id. §3225.1(F)(1). substantially on District Court Rule 15. 35. Id. §3225.1(F)(2). 36. Id. §3225.1(F)(1). Immunity. Discovery masters receive the 37. Id. §3225.1(F)(4). same immunity provided to judicial officers.53 38. Id. §3225.1(F)(5). 39. Id. 40. Id. §3225.1(F)(3). Authors note: By way of disclosure, the author 41. Id. was substantially involved in drafting this new law 42. Id. §3225.1(F)(2). while serving as the OBA Civil Procedure and Evi- 43. Id. §3225.1(G)(1). 44. Id. §3225.1(C)(2)(f). dence Committee chair. The author wishes to 45. Id. §3225.1(G)(1). acknowledge the hard work of Sens. Anthony Sykes 46. Id. §3225.1(G)(2). 47. Id. §3225.1(G)(2)(b). and Brian Crain, Reps. Jon Echols and John Paul 48. Id. Jordan, and Judge Linda Morrissey, among many 49. Id. §3225.1(G)(3). 50. Id. §3225.1(B)(1). others, for tireless work on the discovery-master 51. Id. §3225.1(B)(2). proposal. 52. Id. §3225.1(B)(3)-(6). 53. Id. §3225.1(I). 1. 2015 Okla. Sess. Laws c. 309, §1 (H.B. 1920). Gov. Fallin signed H.B. 1920 on May 12, 2015. The new statute will appear at Okla. Stat. tit. 12, §3225.1. The discovery master statute is derived from a pro- About The Author posal that was drafted by the Oklahoma Bar Association Civil Proce- dure & Evidence Committee and approved by the OBA House of Delegates in 2013. Jim Milton is a shareholder at 2. Fed. R. Civ. P. 53. Hall Estill. He graduated with 3. Fed. R. Civ. P. 53, 2003 advisory note. honors from the University of 4. Lynn Jokela & David F. Herr, Special Masters in State Court Com- plex Litigation: An Available and Underused Case Management Tool, 31 Texas School of Law in 1995. William Mitchell L. Rev. 1299, 1320 (2005). 5. Id. at 1302. 6. Okla. Stat. tit. 12, §§612-624 (2011). Under these existing statutes, state court judges can only appoint referees 1) in cases of accountings or 2) with the consent of all parties. Id. §§612, 613. 7. Okla. Stat. tit. 12, §3225.1(A)(2) (effective Nov. 1, 2015).

1848 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 OBA/CLE EVENT

Diversity Committee to Hold Ada Lois Sipuel Fisher Diversity Awards Dinner By Tiece L. Dempsey

Thursday, Oct. 15, 2015 ∙ 6 p.m. to 8 p.m. Oklahoma Judicial Center, 2100 N. Lincoln Blvd, Oklahoma City Tickets can be purchased at goo.gl/8xVp5i for $40

The OBA Diversity Commit- dent at OU, he served as stu- tee is set to host its Ada dent body president and upon Lois Sipuel Fisher Diversity his graduation from the uni- Awards Dinner on Oct. 15, versity, served as the OU pres- 2015, in Oklahoma City. The ident’s press secretary. event will feature a keynote Also during the dinner, six address from Jabar Shumate, individuals and organizations University of Oklahoma Uni- will be honored with the Ada versity Community vice presi- Lois Sipuel Fisher Diversity dent. Vice President Shumate Awards in recognition of their assumed his position at OU in efforts in promoting diversity July. In his newly appointed in Oklahoma. The Diversity role, he will have oversight Committee, with the support over all diversity programs of OBA President David firmed by the United States within the university, includ- Poarch, will recognize the Senate. Judge Holmes is the ing admissions. He will also following individuals and first African-American to serve be kept completely informed organizations that have out- on the 10th Circuit. by the Office of Student wardly demonstrated that Affairs of all activities aimed Judge Holmes received “diversity matters in Oklaho- at making campus life more his law degree from George- ma.” Tickets for the dinner inclusive and will work direct- town University Law Center, are $40 and can be purchased ly with President Boren and where he served as the George- online at goo.gl/8xVp5i. with the deans of the univer- town Immigration Law Journal sity to broaden the pool of ADA LOIS SIPUEL FISHER editor-in-chief. He received applicants for faculty and staff DIVERSITY AWARD a Bachelor of Arts degree in positions. RECIPIENTS history from Wake Forest Uni- versity, graduating cum laude. Prior to taking on his new Member of the Judiciary Judge Holmes also earned a role at OU, he served in the Judge Jerome Holmes master’s degree in public Oklahoma Legislature, serving administration from Harvard four terms in the House of Since August 2006, Jerome University’s John F. Kennedy Representatives before being A. Holmes has served as a School of Government, where elected to serve in the Senate circuit judge on the United he was a John B. Picket Fellow in 2012. Vice President Shu- States Court of Appeals for the in criminal justice policy and mate is an alumnus of OU and 10th Circuit. He was nominat- management. of Booker T. Washington High ed for this position by Presi- School in Tulsa. While a student George W. Bush and con-

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1849 Judge Holmes has been a 2001. He graduated from the committed volunteer and OU College of Law in 2004 as leader in community affairs. the first African-American He currently serves on the winner of the prestigious Joel governing boards of several Jankowski Award which hon- nonprofits, including the Okla- ors the most outstanding OU homa City Museum of Art, law graduate. where he serves as chair, the Mr. Solomon-Simmons Rotary Club of Oklahoma City started his law firm, Solomon- (Club 29), where he serves as SimmonsSharrock, right out of immediate past president and law school as a solo practice in the Oklahoma Medical which he provided legal ser- Research Foundation, where vices to low-income communi- he serves on a number of ty members in exchange for a member of the American Bar committees, including the office space. His firm grew Association, the Native Ameri- Executive Committee. Judge into one of the largest African- can Bar Association and serves Holmes formerly served as the American majority-owned law as the Tulsa County Bar Asso- Make-A-Wish Foundation of firms in Oklahoma history, ciation’s director-at-large. Oklahoma board of directors and allowed him to successful- vice-chair. He is a graduate of Ms. Giebel is an associate at ly represent hundreds of cli- Leadership Oklahoma City PrayWalker in Tulsa. She has ents in federal, state, tribal and (Class XX) and Leadership legal certifications in sustain- administrative proceedings Oklahoma (Class XVIII). able energy and resource law, and legal transactions. After Native American law and Attorneys the retirement of his long-time entrepreneurial law. She serves law partner, Susan R. Shar- Damario Solomon-Simmons, as officer in the OBA Indian Riggs Abney rock, he joined Riggs Abney Law Section where she is on March 9, 2015, where he credited, along with the other focuses his practice on civil lit- officers, for reviving the previ- igation, civil rights, employ- ously inactive section. She is ment, government relations also an officer in the Energy and sports and entertainment. Law Section and an OBA He served as a member of Diversity Committee member. the national legal team — As a citizen of the Cherokee including famed attorney Nation, she is involved in Johnnie Cochrane and distin- community and social acti- guished scholar Dr. John Hope vities within the nation and Franklin — that fought to occasionally volunteers at the obtain reparations for the sur- Eastern Oklahoma Food Bank vivors of the 1921 Tulsa Race and assists with making home Riot in Alexander et al. v. Okla- repairs in low-income commu- homa. His work on the 1921 nities with her husband. She Damario Solomon-Simmons case earned him an invitation makes it a priority to promote was born and raised in Tulsa to testify before the Congres- Indian law issues and advance in a low-income, single-moth- sional Black Caucus in Wash- the interest of female and er household. He attended the ington D.C. young lawyers in all organiza- University of Oklahoma, at Valery Giebel, PrayWalker tions she is a part of. which he played for the famed Sooners football team. In 1999 Valery Giebel was admitted he earned his Bachelor of Arts to practice law in Oklahoma in degree in African & African- 2013. She is also admitted to American studies. He complet- practice before the Cherokee ed a master’s degree in adult Nation and the United States and higher education and District Courts for the North- received the Black Graduate ern, Eastern and Western Dis- Student of the Year award in tricts of Oklahoma. She is also

1850 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 Organizations contributing members of the come and the impact that has The Education and Employ- community; and breaking the already occurred. Inspired by ment Ministry (TEEM) generational cycles of incarcer- the words of Dr. Martin Luther ation and poverty. King Jr., “Injustice anywhere is a threat to justice everywhere.” TEEM has been recognized Unheard’s desire to push for by several media outlets for its equality is filled with the cour- work in assisting and prepar- age of the past, the present ing some of Oklahoma City’s state of our current society and most vulnerable citizens to the future for all to be equal. become active and productive TEEM is an interfaith 501(c)3 While this journey has not members of the community. nonprofit organization that been easy, Unheard is grateful exists to break cycles of incar- Unheard for the support along the way. ceration and poverty through VOICE education, character development and work readiness training. TEEM’s objectives include: reducing recidivism rates, strengthening families, and improving quality of life in Unheard is an alliance of greater Oklahoma City and its black students from the VOICE is a coalition of con- surrounding areas; providing University of Oklahoma orga- gregations and other civic effective, evidence-based pre- nizing for change within the institutions that have come and post-release re-entry ser- campus administration and together out of a deep sense of vices to nonviolent offenders atmosphere at the university. mission and concern for fami- transitioning into society; Its primary areas of focus lies. Together, they are learn- building positive relationships revolve around the lack of rep- ing to build relationships and effective support systems resentation and continuous across the lines that divide with participants to obtain support on campus. Some of people in our community, in successful outcomes; removing the issues Unheard seeks to order to stand together to chal- barriers to employment address at OU, include, but lenge some of the decisions through occupational skills are not limited to, the lack of that are made that impact fam- training, financial literacy black faculty beyond the Afri- ilies. VOICE has taken on instruction, cognitive behav- can-American studies depart- increasing utility rates and ioral courses, legal assistance, ment, retention rates among high-stakes testing, and cur- effective case management black students, financial assis- rently, it is working on a cam- and job placement assistance; tance/scholarships received paign to challenge the fines promoting public awareness by black students, supportive and fees placed on those who of the benefits of effective re- programs for black students, have been incarcerated. entry programing; giving a “The Sooner Experience,” hand up to re-entering adults lack of a presence within exec- impacted by providing the utive hierarchy and equitable About The Author tools needed to refine skills, funding for black student Tiece Dempsey achieve goals, and obtain self- organizations. chairs the OBA sufficiency; holistically prepare Through their steadfast and Diversity Com- participants for employment mittee. She is a and successful reintegration diligent work, the students of judicial law clerk into society by incorporating Unheard, were able to make for Chief Judge mentoring, character building, some very necessary changes Vicki Miles- life skills training, and confi- on the OU campus. The stu- LaGrange, United dents admit that when they States District dence building; empowering Court for the Western District of participants to be productive, started their journey no one could have imagined the out- Oklahoma.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1851 BAR NEWS

Changes Proposed to the Rules Governing Disciplinary Proceedings Member Comments Requested

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

1852 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 FROM THE EXECUTIVE DIRECTOR

I’m Confused By John Morris Williams

This is not a new message of how does informed consent from me or other staff members I have questions work in this situation? here at the OBA. The practice of I have questions about the role law is changing drastically. So is about the role of of lawyers and bar associations the business of bar associations. as we enter into a world where Out-of-state online companies lawyers and bar “I got it off the Internet” is and organizations are increas- associations as we applying to everything from ingly marketing and selling apple pie recipes to bankruptcy legal services. In Washington enter into a world filings. I am a little confused on state, nonlawyers have been how the public is going to be allowed to have a limited where ‘I got it off the protected. One of the primary license to practice law. The Internet’ is applying functions of mandatory bar world is changing, and I am still associations is to protect the a bit confused on a few things. to everything public from unqualified and I am confused on just what is from apple pie incompetent practitioners. If the really meant by limited-scope practitioner is licensed by a state representation or unbundled recipes to bankruptcy court, then most likely the Rules legal services. I recently attend- filings. of Professional Conduct apply. If ed a session at a conference and the person supplying the servic- heard a presentation on limited- es is a nonlawyer, then this is scope representation. I know the The Internet with a multitude of probably the unauthorized prac- Oklahoma Rules of Professional selections makes many legal tice of law. Enforcement of pub- Conduct Rule 1.2 (c) allow a forms available. Deeds, wills, lic protection becomes almost lawyer to limit the scope of rep- trusts and divorces are but a impossible when the nonlawyer resentation if the limitation is sampling of the forms available. providing services is hundreds reasonable under the circum- DIY (Do It Yourself) seems to of miles away providing services stances and the client gives apply to more than home off the Internet. Thus, I can informed consent. My confusion improvement. It appears DIY is imagine a situation where sup- surrounds what is “reasonable” moving quickly into the legal pliers of legal services can be and what types of services are services arena. When the public unlicensed and outside the juris- encompassed in this rule. One of is seeking limited-scope legal diction of any court in the Unit- the presenters at the conference services off the Internet, I am ed States. was talking about limited-scope confused about how informed I am confused on how there representation in a child custody consent is achieved and how the can be quality control in multi- matter. I simply could not wrap “reasonableness” test is met. state or offshore Internet-based my head around that. Does buying a form from a web- legal service providers who For at least 10 years the futur- site that does not in some fash- never appear in court nor physi- ists have been predicting a major ion question the purchaser to cally are present in the state shift in what lawyers do and determine if the form is appro- where services are being provid- how legal services are provided. priate, meet the reasonable test? ed. If the provider is a licensed Then, there is that whole notion

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1853 attorney in another state, there lation of the Rules of Profession- One thing I am not confused could be some chance of disci- al Conduct will suffer discipline about is that these issues are pline by the state of licensure for by the Oklahoma Supreme here and happening now. Every unauthorized practice. If the Court; while a legal provider on lawyer should seek to under- provider is within the United a site hosted in India or China stand the consequences of how States and not licensed by any who is equally in violation of the delivery of legal services is court, there is probably little the rules will never face any changing. Together, as we seek chance, absent federal regula- consequences because not even the answers to these new chal- tion, that any real consequence the U.S. government seems to be lenges, we must develop sys- would occur. Perhaps a scam of able to police this kind of inter- tems that address the realities some size might get state and national activity. of the marketplace and protect federal criminal law enforce- the public. One of the greatest challenges ment involved. If the providers for bar associations will be to are offshore, I am even more warn the public of the risks confused as to how do we pro- when using a nonlicensed in- tect the public? person or Internet-based legal I am confused how it is that service provider. I am pondering To contact Executive Director an Oklahoma attorney who how to educate the public on Williams, email him at johnw@ gives bad advice, does not check these risks without appearing okbar.org. conflicts and otherwise is in vio- disingenuous and self-serving.

18 Hartzog Conger Cason & Neville Attorneys Named to 2016 Best Lawyers List OKLAHOMA CITY (August 21, 2015) Eighteen attorneys from Hartzog Conger Cason & Neville were selected for inclusion in the 2016 edition of The Best Lawyers in America®. 2016 Best Lawyers from Hartzog Conger Cason & Neville are: Len Cason (Corporate Law, Tax Law, Trusts and Estates); Steven C. Davis (Non-Profit/Charities Law, Tax Law, Trusts and Estates); David A. Elder (Litigation – Environmental, Oil and Gas Law); Charles E. Geister III (Bet-the-Company Litigation, Commercial Litigation, Insurance Law, Litigation – Antitrust, Litigation – Labor and Employment, Litigation – Securities); John J. Griffin III (Corporate Law, Mergers and Acquisitions Law); J. Christian Guzzy (Corporate Law); Joseph P. Hogsett (Litigation – Real Estate, Real Estate Law); William A. Johnson (Commercial Litigation, Litigation – Real Estate); James D. Kallstrom (Real Estate Law); J. Leslie LaReau (Tax Law, Trusts and Estates); Laura McConnell-Corbyn (Family Law); Drew Neville, Jr. (Bet-the-Company Litigation, Commercial Litigation, Criminal Defense: White Collar, Litigation – Antitrust, Litigation – Securities); Armand Paliotta (Corporate Governance Law, Corporate Law, Mergers and Acquisitions Law, Securities/Capital Markets Law); David E. Pepper (Natural Resources Law, Oil and Gas Law); John D. Robertson (Corporate Law, Mergers and Acquisitions Law, Securities/Capital Markets Law); Kurt M. Rupert (Commercial Litigation); Amy J. Sine (Litigation – Trusts and Estates, Non-Profit/Charities Law, Trusts and Estates); Jon H. Trudgeon (Employee Benefits (ERISA) Law, Non-Profit/Charities Law, Trusts and Estates). Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For the 2016 Edition of The Best Lawyers in America©, 6.7 million votes were analyzed, which resulted in more than 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” ----- About Hartzog Conger Cason & Neville Hartzog Conger Cason & Neville’s experienced legal teams serve businesses, high net worth families, individuals and charitable organizations. Principal practice areas include litigation, business and financial transactions, tax controversies, trust and estate planning, family law, oil and gas law, and real estate. Additional information about the firm is available at: www.hartzoglaw.com.

1854 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 LAW PRACTICE TIPS

‘Paperless’ Office Doesn’t Really Mean Paperless It Does Mean New Processes and Procedures By Jim Calloway

“Let’s just go paperless. We 1) Law firm backup proce- track down the physical can free up all that space in the dures should protect the paper file folder. file room and quit paying so firm’s information and Last month I communicated much for outside file storage.” allow it to reconstitute its to you that “Practice Manage- operations in the event of a “What a great idea! We’ve ment Shootout at the OK Bar” digital or physical disaster. already got those big, expen- materials were available for Those law firms that con- sive printer-scanner-document OBA members to download tinue to exclusively rely on senders in the hallways on at MyOKBar. paper files will find their every floor. So, let’s send out a backup may not include a This month we are going to memo! Effective Monday, we’re number of items such as go more in depth about the going paperless. We’re going to attorney file notes, hand- procedures associated with scan everything. Tell the mail delivered documents or implementing (or improving) room people to start scanning correspondence from your digital workflow. I was all the mail instead of deliver- opposing counsel. In the assigned to speak with Illinois ing it to everyone.” event of a fire or flood, lawyer Bryan Sims at ABA Thus begins the perfect storm items contained only on TECHSHOW 2015 on the topic of a paperless law firm make- paper may be lost with “Beyond the Scanner — Paper- over absolutely destined to fail. little hope of recovery. less Workflows That Work.” (Some of you met Bryan Sims It is destined to fail because 2) Digital workflows allow when he was a guest speaker at they are going paperless for the you to operate much more our 2014 OBA Solo & Small wrong reasons, with the wrong quickly and effectively. Not Firm Conference.) He contrib- equipment, without proper only can you find all of uted significant parts of his planning, without feedback, your notes on a particular own office procedures manual without buy-in from the other client file quickly without for our TECHSHOW materials. lawyers and staff who will be having to flip through He has used paperless work- affected by the changes, with- pages of paper in a brad- flow for a long time. out budgeting for new equip- ded traditional lawyer’s ment and training, and without file, but also others who are It was interesting that we any professional assistance. assisting you (or perhaps agreed on 90 percent of the stepping in for you in the general procedures, but we dis- Make no mistake. Law firms event of an emergency) can agreed on some of the nuts and need to convert to paperless also quickly review those bolts. As a hands-on solo prac- office processes and digital file notes. Practice management titioner who designed all of his management. Lawyers need to software allows a lawyer to digital workflow, he wants to incorporate digital workflows quickly open a client file on personally review the incoming for several reasons. Here are the computer when a client mail before it is processed into the two primary reasons: calls without having to his system. I feel that for most

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1855 law firms, especially those with more than one lawyer, it is better OFFICE MAIL PROCEDURES for the mail to be immediately Incoming mail processed, scanned and filed in

s the system’s practice manage- Mail is delivered by the post office to the firm’s mailbox ment software before it is hand- once a day at approximately ______. The assistant should ed off to the attorney. Good staff pick up the mail after it has been delivered. Incoming mail training can allow for identifica- should be immediately stamped with our received stamp in tion of any emergencies in my red which notes the date that mail was received. opinion and perhaps even more s Saturday’s mail should be picked up first thing Monday speedily than piling unsorted morning. mail on a lawyer’s desk. s Mail marked Personal or Personal and Confidential shall This points out that the most be opened only by the person to whom it was directed. important part of converting to a digital workflow is building Scanning and Processing written documentation for how s The incoming mail should be immediately opened and the workflow operates. This will reviewed by the assistant. There may be items that should also necessarily mean that there be brought to the immediate attention of the attorney. will be compromises between

s different points of view and The mail should be sorted into two categories: 1) Client every law firm cannot incorpo- Matters and 2) Lower priority. Checks and other matters rate the same digital workflow. related to payment and billing should be immediately deliv- The procedures will differ ered to the billing department. based on everything from per- s As designated by the lawyer, the term Client Matters sonal preferences to the types may include nonbillable matters for which the lawyer wishes of legal matters handled by to maintain a digital file in the practice management the lawyers. system (e.g. bar association activities). The mailroom and the recep- s The assistant should scan each document. tion area have traditionally been

s thought to be low-level positions The assistant should use Adobe Acrobat to perform within law firm hierarchy and OCR on each document. have sometimes received inade- s The documents should then be saved in the appropri- quate training. Digital workflow ate client file location in our practice management soft- mandates that a smart and well ware system (insert the name of your system here.) An email trained employee opens and pro- shall be sent to the lawyer noting the receipt of the corre- cesses the mail, no matter what spondence and any enclosures and that it is ready for the the particulars of your system. lawyer to immediately review it. Unless the attorney has spe- The necessity of standardization cifically instructed otherwise, once the assistant has verified and documentation for law firm that the document has been saved in the appropriate loca- procedures is one reason why it tion, the document should be stamped “For Your File. No seems that I mention Atul Ga- Response Required” and the original mailed to the client. wande’s bestseller The Checklist Manifesto in this space at least ALTERNATIVE PROVISION: After scanning, the document once a year. shall be saved in the Attorney Incoming Mail folder on the lawyer’s desktop. An email is sent to the attorney notifying Since “how do we handle the them of the incoming mail stored in the folder. It is the law- mail?” is one of the most com- yer’s responsibility to clear their Attorney Incoming Mail folder mon questions associated with as soon as possible each day by filing the documents as moving to a digital workflow, appropriate in our practice management software system I have included some sample (insert the name of your system here.) procedures on that topic in the

s accompanying sidebar. Correspondence shall be filed and bradded into the appropriate physical file by the close of business each day. The physical client files are to remain in the file cabinet

1856 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 CONCLUSION This article is intended to pro- unless “checked out” by a lawyer to take with them to a vide a good starting point for court or to an out of office meeting. All work done on client your new and improved digital, files within the office will be accomplished on the client’s so-called paperless workflow. digital file in our practice management software system (insert the name of your system here.) (Author’s note: Some- Your attention is also directed day the physical client files will no longer exist, but we don’t to the book Paperless in One Hour have to think about that today.) for Lawyers by Sheila Blackford and Donna Neff, which is avail- ALTERNATIVE PROVISION: The physical copies of all incom- able from the American Bar Asso- ing correspondence are stored loosely and chronologically ciation for $49.95 or less, depend- in the Firm Correspondence weekly files. These are available ing on your ABA membership in case it is thought that some correspondence has been status or state bar discount codes. misfiled or someone wishes to review a Received stamp. These files shall be saved indefinitely for the time being. The I strongly believe that using firm will adopt a uniform destruction data for Firm Corre- practice management software or spondence weekly files after we determine how long these services is the only way to do this are useful.

effectively. Sure you can store s documents in Windows folders Lower priority mail shall be physically delivered to the that are given client names, but attorneys only after the Client Matters mail is fully processed. s you won’t have the billing tools The above process also applies when documents are and records immediately avail- received via FedEx, UPS, courier or when dropped off by a able. You can share a document client. with someone via a Dropbox link, but that is not the same as your Outgoing Mail s client being able to log into the Any outgoing mail that is ready before __ p.m. should online document repository and be deposited in the building’s outgoing mail receptacle see every document you have before __ p.m.

shared with them arranged in s order. And if one of the other The remaining outgoing mail should be deposited in lawyers in your office needs to the building’s outgoing mail receptacle when the assistant work on the file, how will they leaves for the day. quickly and easily see all of your Stamps and Postage Charges

notes from every conference and s phone call, all arranged in reverse The firm does not bill back to clients the costs of chronological order? ordinary mail. s Resistance is futile. Download Any mail sent in a special method such as certified, the “Practice Management Shoot- registered, priority or express should be billed to the client at out at the OK Bar” materials and the actual cost charged to the firm. start shopping for the best tool Overnight Delivery or Similar Services you have ever purchased for s your law office and your future. The firm has an account with both FedEx and UPS in order to send overnight delivery packages. The preferred Author’s note: I appreciate Bryan vendor is ____, as the firm receives the most favorable rates Sims allowing me to use (and edit) from that vendor. his office procedures manual for this s column. All overnight delivery labels should be prepared on the Internet via the vendor’s website. Mr. Calloway is OBA Manage- s ment Assistance Program director. A copy of the overnight delivery label in PDF format Need a quick answer to a tech prob- shall be saved in the client’s digital file. lem or help resolving a management s All overnight delivery charges should be billed to the dilemma? Contact him at 405-416- client. 7008, 800-522-8065 or jimc@okbar. org. It’s a free member benefit!

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1857 AGENDA

8:30 a.m. Registration

9:00 a.m. Welcome

9:15 a.m. Respect and Power of the Tribal Court e Legal Power System 11:05 a.m. of Indian Tribes Break 11:15 a.m. Presenting the essentials needed to practice Changes and Challenges of the law in Indian Country, including the history of Indian Child Welfare Act tribal courts, tribal jurisdiction, sovereign immunity, contracting with tribal nations, land 12:15 p.m. Lunch: Hot Topics use and natural resource development, and Cannabis in Indian Country hot topics this year in Indian country: Indian 2016 Tribal Appropriations Child Welfare Act, the Department of Justice Memo on cannabis enforcement, and FY 1:30 p.m. Land Use and Resource Development 2015-2016 tribal appropriations. in Indian Country

October 2, 2016 2:40 p.m. Break Oklahoma City University, School of Law, 800 N. Harvey Ave, Oklahoma City, OK 2:50 p.m. Governmental Power of Tribes and Self CLE Credit: 6.5 hours, including 1 hour of ethics Determination 4:00 p.m. Cost: $30 (lunch and refreshments included) Adjourn Free for members of the Indian Law Section and the Government and Administrative Law Section

REGIST TION OPEN NOW! For information email: [email protected]

1858 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association ation management software, Solo Section annual meeting, Board of Governors met via con- OBF luncheon and conference Women in Law Committee ference call on July 15, 2015. on new MCLE software. He meeting and Oklahoma Board REPORT OF THE counted Judicial Nominating of Tests for Alcohol and Drug PRESIDENT Commission ballots and orga- Influence regular meeting. nized the Sept. 24 lawyers in Governor Sain reported he President Poarch reported he leadership CLE seminar called attended the Solo & Small Firm attended the Solo & Small Firm “From the Schoolhouse to the Conference and the McCurtain Conference and the Federal Bar Whitehouse.” He shared details County Bar Association meet- Association’s “Vietnam Re- about the seminar. ing. Governor Stevens reported he attended the Solo & Small membered” program. BOARD MEMBER REPORTS Firm Conference and the July REPORT OF THE VICE PRESIDENT Governor Gifford reported Cleveland County Bar Associa- he attended the Oklahoma tion meeting. Governor Tucker Vice President Devoll report- County Bar Association board reported he attended the Mus- ed he attended the Solo & of directors meeting and the kogee County Bar Association Small Firm Conference. Federal Bar Association’s “Viet- meeting, Solo & Small Firm nam Remembered” program. Conference and OBA Law Day REPORT OF THE Committee meeting. He also PRESIDENT-ELECT Governor Gotwals reported he attended the Tulsa Central coordinated the CLE presenta- President-Elect Isaacs report- High School Foundation quar- tion by OCU law professor ed he spoke at three events — terly meeting, OBA Solo & Casey Ross-Petherick held in OBA Solo & Small Firm Confer- Small Firm Conference, Knights Muskogee County. Governor ence on the “Fundamentals of of Columbus Past Grand Weedn reported he attended Advocacy in Criminal Cases,” Knights dinner, Tulsa County the Solo & Small Firm Confer- OCDLA Institute on “Ethics in Bar Association-sponsored ence and Ottawa County Bar Criminal Cases” and Luther reception for Judge Carlos Association meeting. He Bohanon Inn of Court lecture Chappelle and TCBA board of accepted the appointment to on “Candor with the Court.” directors meeting. Governor the Budget Committee. Hicks reported he attended the REPORT OF THE YOUNG LAWYERS Tulsa County Bar Association PAST PRESIDENT DIVISION REPORT executive committee meeting Past President DeMoss and board of directors meeting. Governor McGill reported reported she attended the Solo He also helped review applica- she chaired the YLD board & Small Firm Conference and tions for the OBA Leadership meeting and attended two Kick wrote a section article for the Academy. Governor Kinslow It Forward planning meetings. bar journal. reported he continues to work BOARD LIAISON REPORTS on the Clients’ Security Fund REPORT OF THE Task Force. Governor Knigh- Governor Tucker reported the EXECUTIVE DIRECTOR ton reported he attended the Law Day Committee reviewed Executive Director Williams Solo & Small Firm Conference. the success of its 2015 events. reported he attended the Solo & Governor Marshall reported he The committee is considering Small Firm Conference, month- attended the Solo & Small Firm themes for next year. The ABA ly staff celebration, Clients’ Conference. Governor Porter, Law Day 2016 theme will focus Security Fund Task Force meet- unable to attend the meeting, on Miranda rights, and OBA ing, meeting to finalize plans reported via email she attended President-Elect Isaacs has sug- for the Oklahoma Bar Center the OBA Solo & Small Firm gested a topic related to jury HVAC, training on new associ- Conference, General Practice/ trials. The committee is work-

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1859 ing on identifying segments for asked for a renewal of the complete the unexpired term of next year’s Ask A Lawyer TV three-year agreement. Ex- Megan Simpson, representing show. Governor Gotwals ecutive Director Williams District 4 on the Board of reported the Professionalism explained the OBA has had a Editors. The term will expire Committee has approved its long-standing relationship with Dec. 31, 2015. mission statement and profes- this company. It was noted LEGAL INTERN sional pledge. They have dis- the current agreement is an COMMITTEE ANNUAL cussed symposium speakers automatic renewal. The board REPORT and are working on determin- approved the agreement with ing a location for the sympo- changes: 1) changing the Governor Marshall reviewed sium. The committee wants to controlling law provision to the annual report the commit- offer speakers through the OBA Oklahoma, 2) removing the tee prepares for the Supreme speakers bureau and has dis- exclusivity provision, 3) cor- Court. The report noted the cussed writing articles for the recting reference to IPS and development of an introductory bar journal. Governor Hicks 4) in paragraph 2 striking the letter for new supervising attor- reported the Access to Justice description of the OBA as neys and the creation of a web- Committee received 34 applica- “licensing and regulatory page on www.okbar.org that tions for the Leadership Acade- agency for Oklahoma-licensed allows interns and applicants my and is reviewing them. July attorneys.” easy access to program forms, 21 is the deadline for submit- COMMENTS REGARDING rules and regulations. The ting the list of participants. AMENDMENTS TO THE board approved the report. Governor Knighton reported a RULES OF PROFESSIONAL KICK IT FORWARD Law-related Education subcom- CONDUCT KICKBALL TOURNAMENT mittee is reviewing current law that might require changes to General Counsel Hendryx Governor McGill briefed the young adult guide. reported one comment was board members on the first- received that disagreed with REPORT OF THE time event that will be held GENERAL COUNSEL the minority report for 1.1 Aug. 29 at Wiley Post Park in Comment 6, which essentially Oklahoma City to raise money General Counsel Hendryx agreed with the committee. for the Kick It Forward pro- reported the Professional Board members were provided gram, which helps financially Responsibility Commission did a copy of the complete com- struggling bar members pay not meet in June and will meet ment. She recommended since their OBA dues. She reported next Friday. She said the OBA is the changes were not substan- the OBA Communications not involved in any litigation. tive and related more to chang- Department is assisting with es in technology that they be ABA RETIREMENT FUNDS the promotion. Board members submitted to the Supreme were asked for their support. Court. The board approved ABA Retirement Funds NEXT MEETING Program representative Mike the changes and voted to send Moniz, via telephone confer- the proposed amendments The Board of Governors met ence call, shared information to the Supreme Court for its Aug. 21, 2015, at the Oklahoma about Voya Retirement Insur- consideration. Bar Center in Oklahoma City. A ance and Annuity Co., which BOARD OF EDITORS summary of those actions will administers the ABA Retire- APPOINTMENT be published after the minutes ment Funds Program. He are approved. The next board reported 34 Oklahoma firms The board voted to approve meeting will be at 10 a.m. Fri- take part in the program and President Poarch’s appointment day, Sept. 25, 2015, in Norman. of P. Luke Adams, Clinton, to

1860 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 BAR FOUNDATION NEWS

OBF Announces 2015 Grant Awards

The Oklahoma Bar Founda- tion announced 16 law-related charities will receive funds totaling $310,266 to assist communities all across the state. With this year’s awards, the foundation is celebrating a major landmark in grants made since its inception in 1946. “We have a lot to celebrate,” says OBF President Jack Brown. “This year we passed $12 million in grant funding and scholarships and we have 2015 Oklahoma Bar Foundation programs in place put a solid fund development plan in place to create sustain- able funding for our grantees.” ry funding source for pro- Grants and Awards Commit- gramming at this time. tee chairperson. “What if this The OBF is dedicated to the help wasn’t possible for the “The current grantees, agencies they fund because of people these agencies serve? It through their programs, help the important work they do in would leave many children, meet the legal needs of Okla- communities all over Oklaho- families, seniors and veterans homans throughout our state,” ma. Interest on lawyers’ trust in unsafe circumstances.” accounts (IOLTA) is the prima- said Judge Millie Otey, OBF The foundation is focused on fund development efforts more now than ever due to the record-low IOTLA rates. The foundation will be asking the legal community for support this fall and in years to come to ensure these programs stay in place to help those in need. 2015 OBF GRANT WINNERS Center for Children & Fami- lies – Cleveland County Divorce Visitation Arbitration The OBA Real Property Law Section joins the OBF Community program Fellows Program. A plaque was presented at the Aug. 20 Board of Community Crisis Center – Trustees meeting. (From left: Nancy Norsworthy, Dietmar Caudle, Ottawa County Judge Millie Otey, Jack Brown, Lucas Munson, Alan Souter, County court advocate Candice Jones)

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1861 Domestic Violence Inter- vention Services – Tulsa County court advocate Family & Children’s Services – Tulsa Family court program Legal Aid Services of Oklahoma – Statewide Civil legal services for low- income individuals, families and seniors Low Income Taxpayer Legal Clinic (OILS) – Statewide Support with legal tax issues for low-income individuals OBA and OBF leadership at a joint dinner celebration on Aug. 20. (From left: Garvin Isaacs, Dietmar Caudle, Judge Millie Otey, Jack Marie Detty Youth & Family Brown, Renée DeMoss, David Poarch) Services – Comanche County County Court Advocate assisting Teen Court – Comanche William W. Barnes Children’s victims of domestic violence & County Advocacy Center – Rogers, sexual assault Court of peers and educational Mayes and Craig Counties Mock Trial program – outreach for first-time juvenile Child abuse prevention and Statewide offenders training OBA program for high school Tulsa Lawyers for Children – YMCA Youth in Government students Tulsa County – Statewide OCU Law School - American Pro bono legal services for Youth Model Legislative Day & Indian Wills Clinic – children National Judicial Competition Statewide TU Boesche Legal Clinic – Youth Services of Tulsa – Educating student interns to Statewide Tulsa County solve complicated land trust Educating student interns to help Youth court and counseling issues solve immigrant rights cases services for first time juvenile Oklahoma Lawyers for offenders Children – Oklahoma County Pro bono legal services for children

1862 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 YOUNG LAWYERS DIVISION

Kick It Forward Tournament Raises $14,000+ for Program By LeAnne McGill

The YLD hosted the Kick prize award of $240 for It Forward Kickball Tourna- winning the entire event. ment on Saturday, Aug. 29, One Kick Wonders were at Wiley Post Park in Okla- the runners-up and gener- homa City. The event was a ously donated their award great success, raising more money back to the Kick it than $14,000 for the Kick It Forward program. 1L of a Forward program, which Team was the winner of the helps financially struggling bar showed up to play in 24 games consolation bracket taking members pay their bar dues. of kickball over the course of away $60 in prize money. The Seventeen teams competed for the day. most spirited team was Team various prizes, including 1st Ramrod, which also donated and 2nd place, winner of the Spectators, volunteers and its award money back to the consolation bracket and the players were well fed by Pitch- program. most spirited team. Teams were fork food truck in the morning This event would not have recruited from each of the law and Galley Soul, Sugar Shack been possible without the gen- schools, local law firms across and Kona Ice in the afternoon. erosity of our many sponsors. the state and county bar associ- Ultimately, Oklahoma Kickball A complete list of sponsors can ations. In all, 173 players Club took home the grand be found on page 1865. Special thanks to Hall Estill for their Grand Slam sponsorship. Also, a special thank you to Stuart & Clover for not only having a Grand Slam sponsorship but also fielding a team and show- ing up in costumes that gar- nered the most spirited team award. And finally, thank you to the current OBA Board of Governors for having 100 percent participation in sponsoring this program. And most importantly, I want to give unending thanks and appreciation to my best friend and law partner, Faye Rodgers, who put in countless hours of A member of 1L of a Team attempts to kick a homerun in their first her valuable time to not only game of the day.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1863 KICKBALL TEAMS COAPAD New Kicks on the Block Oklahoma Kickball Club The Pitts Amazeballs The Honorable Learned Foot

The Oklahoma Kickball Club team poses in front of their flag to Motion to Strike celebrate their first place victory. Avengers

make sure this event happened Submit nominating petitions 1L of a Team but also for making it a huge containing no less than 10 sig- Team Ramrod success. I could not have pulled natures no later than 5 p.m. on this off without you. Tuesday, Sept. 22, to me at Brews on First [email protected]. For a look at all the fun and Miyagi-Do action that took place at this Positions available are: event, check out the photos at District 2, District 3 (2 seats), Resumes Available www.okbar.org/members/ District 4, District 6, District 8, Upon Request photogallery. At Large (2 seats) and At Large Rural. You’ll find the petition Cobra Kai GET INVOLVED IN YLD LEADERSHIP and a list of the counties in One Kick Wonders these districts at www.okbar. If you have been a lawyer org/members/YLD/Nomi- I’m Kick James, Pitch less than 10 years and are inter- natingInfo. ested in becoming more 18 and Legal involved in the OBA Young Lawyers Division, consider running for a position on the About The Author YLD board of directors. The board holds monthly meetings LeAnne McGill usually held on Saturday practices in mornings in Tulsa and/or Like OBA/YLD on Facebook Edmond and Oklahoma City. serves as the YLD chairperson. facebook.com/OBAYLD She may be contacted at leanne@ mcgillrodgers.com.

1864 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 THANKS TO OUR SPONSORS

GRAND SLAM

HOME RUN

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SINGLE Travis Smith | Allyson Dow

TEAM SPONSORS Members of the OBA Board of Governors

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1865 CALENDAR OF EVENTS

September

15 OBA Bench and Bar Committee meeting; 12 p.m.; 24 OBA Professionalism Committee meeting; Oklahoma Bar Center, Oklahoma City with telecon- 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact ference; Contact Judge David B. Lewis 405-556-9611 Patricia Podolec 405-760-3358

OBA Diversity Committee meeting; 12 p.m.; 25 OBA Board of Governors meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Norman; Contact John Morris Williams 405-416-7000 Tiece I. Dempsey 405-524-6395 OBA Lawyers Helping Lawyers Committee 16 OBA Indian Law Section meeting; 12 p.m.; meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma Oklahoma Bar Center, Oklahoma City with telecon- City; Contact Jeanne Snider 405-366-5423 ference; Contact Trisha Archer 918-619-9191 30 OBA Clients’ Security Fund Committee meeting; OBA Law Day Committee meeting; 12 p.m.; 2 p.m.; Oklahoma Bar Center, Oklahoma City with tele- Oklahoma Bar Center, Oklahoma City with telecon- conference; Contact Micheal C. Salem 405-366-1234 ference, Contact Richard Vreeland 405-360-6631 October 18 OBA Professional Responsibility Commission meeting; 9:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Gina Hendryx 405-416-7007 1 Lawyers Helping Lawyers discussion group; 6 p.m.; 701 NW 13th St., Office of Tom Cummings, OBA Board of Editors meeting; 9:30 a.m.; Oklahoma City; Contact Jeanne Snider 405-366-5423 Oklahoma Bar Center, Oklahoma City; Contact Melissa DeLacerda 405-624-8383 2 OBA Alternative Dispute Resolution Section meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Ken Morgan Stoner 405-705-2910

6 OBA Government and Administrative Law Section meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact John E. Miley 405-557-7146

9 OBA Law-related Education Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Suzanne Heggy 405-556-9615

19 OBA Real Property Law Section meeting; 13 OBA Diversity Committee meeting; 12 p.m.; 9:30 a.m.; Tulsa County Bar Center, Tulsa; Contact Oklahoma Bar Center, Oklahoma City with telecon- Lucas J. Munson 405-513-7707 ference; Contact Tiece I. Dempsey 405-524-6395

23 OBA Financial Institutions and Commercial Law 14 OBA Women in Law Committee meeting; Section meeting; 12 p.m.; Oklahoma Bar Center, 3 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Oklahoma City; Contact Eric L. Johnson 405-602-3812 Kimberly Hays 918-592-2800

OBA Solo and Small Firm Committee meeting; 16 OBA Family Law Section meeting; 3 p.m.; 3 p.m.; Oklahoma Bar City, Oklahoma City; Contact Oklahoma Bar Center, Oklahoma City with tele- Ronald Paul Lander 918-931-2681 conference; Contact Michelle K. Smith 405-759-2333

20 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Judge David B. Lewis 405-556-9611

1866 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 OBA Diversity Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Tiece I. Dempsey 405-524-6395

21 OBA Indian Law Section meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Trisha Archer 918-619-9191

23 OBA Board of Governors meeting; 10 a.m.; Ardmore; Contact John Morris Williams 405-416-7000

OBA Rules of Professional Conduct Committee meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Paul B. Middleton 405-235-7600

29 OBA Professionalism Committee meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Patricia Podolec 405-760-3358

30 OBA Professional Responsibility Commission meeting; 9:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Gina Hendryx 405-416-7007 5 OBA Family Law Section meeting; 8 a.m.; Oklahoma Bar City, Oklahoma City; Contact November Michelle K. Smith 405-759-2333

Lawyers Helping Lawyers discussion group; 3 OBA Government and Administrative Law 6 p.m.; 701 NW 13th St., Office of Tom Cummings, Section meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Jeanne Snider 405-366-5423 Oklahoma City; Contact John E. Miley 405-557-7146 6 OBA Alternative Dispute Resolution Section 4-6 OBA Annual Meeting – Oklahoma City meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Ken Morgan Stoner 10 a.m.; 4 OBA Board of Governors Meeting; 405-705-2910 Oklahoma City Annual Meeting; Contact John Morris Williams 405-416-7000

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1867 FOR YOUR INFORMATION

Lawyers Needed to Coach High School Mock Trial Teams Have you considered working with students to increase their self-confidence and knowledge about our justice system? The time commitment is flexi- ble and lasts about two months. The OBA’s Mock Trial Program is seeking attorney coaches, who will be assisted by teacher coaches in participating schools. Schools are still registering, so the list is not final yet. If you have questions or are interested, contact Mock Trial Coordinator Judy Spencer: [email protected]; 405-755-1066. Moore High School students prepare for the final round of competition during the 2015 Oklahoma High School Mock Trial Championship.

Share An LRE Opportunity! LHL Discussion Groups Sept. 17 is Constitution Day! The OBA Law- “Maintaining Self related Education department is challenging Care” will be the fifth graders across Oklahoma to recite the topic of the Oct. “Bill of Rights Rap” at 10 a.m. to celebrate 1 Lawyers Help- the anniversary of the day in 1787 that dele- ing Lawyers gates to the Constitutional Convention monthly discus- signed the document in Philadelphia. sion group. Each Check out www.okbar.org/public/LRE/ meeting, always LREConstitutionDay to register a school, the first Thurs- see videos of the rap and find additional day of each classroom resources for teachers. month, is facili- tated by committee members and a licensed mental health professional. The group meets from 6 to 7:30 p.m. at the office of Tom Cummings, 701 N.W. 13th St. Okla- homa City. There is no cost to attend and snacks will be provided. RSVPs to Kim Reber, [email protected], are encouraged to ensure there is food for all. • Interested in forming a discussion group in Tulsa? Contact Hugh Hood: 918-747-4357.

Aspiring Writers Take Note We want to feature your work on “The Back Page.” Submit articles related to the practice of law, or send us something humorous, trans- forming or intriguing. Poetry is an option too. Send submissions no more than two double-spaced pages (or 1 1/4 single-spaced pages) to OBA Communications Director Carol Manning, [email protected].

1868 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 INSURANCE FOR INDIVIDUALS

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Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1869 BENCH & BAR BRIEFS

in 1993 and holds an LL.M has a background in real with distinction from South- estate, business organization, ern Methodist University. commercial litigation and estate planning. He graduat- he Oklahoma County Bar ed from the OU College of Association Nominations ames M. Sturdivant, of T Law in 2009. Mr. Edwards and Election Committee JGableGotwals was inducted represents businesses and announced the results of this into the International Acade- individuals in general civil year’s election. Judge Barbara my of Trial Lawyers at its litigation and transactional Swinton will serve as presi- mid-year meeting. The matters. He graduated from dent-elect and David A. International Academy the OU College of Law in Cheek was elected as vice of Trial Lawyers limits mem- 2013. Mr. Cason focuses his president. Sonya L. Patterson bership to 500 fellows in the practice on civil and business will serve as law library trust- United States. They seek litigation, wealth and busi- ee. Judge Don Andrews, out, identify, acknowledge ness planning and govern- Timothy J. Bomhoff, Judge and honor those who have ment relations. He received Richard C. Ogden, Sheila D. achieved a career of excel- his J.D. from the OCU School Stinson, Judge Cassandra lence through demonstrated of Law in 2012. skill and ability in jury trials, Williams and Ray Zschiesche trials before the court and were elected as 2018 directors. Gavin Littles has been appellate practice. He gradu- Adam C. Hall and Elisabeth R. appointed and sworn ated from the OU College of E. Muckala will each serve a in as administrative appeals Law in 1964. one-year term as 2017 direc- judge with the Social Security tors to replace two vacancies. Administration’s Appeals he National Black Law- Council. The appeals council Tyers -Top 100 honored is the final level of adminis- Crowe & Dunlevy attorney trative review under the Christopher M. Staine as a Administrative Procedure Act Top 100 attorney practicing for claims filed under Titles II in the areas of banking and and XCI of the Social Security finance. This invitation-only Act. He graduated from the professional honorary organi- TU College of Law in 2003. zation is composed of the top 100 black attorneys or non- he shareholders of black attorneys who promote TMcAfee & Taft have elect- diversity and serve clients. ulinix Edwards Rosell & ed real estate and business Mr. Staine is the only Oklaho- MGoerke PLLC announc- attorney Joe C. Lewallen Jr. ma attorney to receive this es the addition of David T. as a fellow shareholder. He is distinction. He graduated McKenzie as of counsel with a veteran real estate and busi- from the OU College of Law the firm and Gregory P. ness attorney whose practice in 2010. Chansolme, Dylan Charles focuses on commercial real Edwards and Paul B. Cason estate development, including Lynn Driver, a partner as associates with the firm. land acquisition, financing with the Floyd Law B . Mr. McKenzie is an adjunct with debt and equity compo- Firm, celebrated her 25th year professor of law at the OCU nents and development and as a member of the firm. She School of Law and is the legal construction of retail shop- joined the firm as a paralegal analyst for the KFOR televi- ping centers, office buildings, and then as a new associate sion news station. He gradu- hotels and mixed-use proj- lawyer in 1994. She graduated ated from the OU College of ects. He graduated from the from the OU College of Law Law in 1988. Mr. Chansolme OU College of Law in 1985.

1870 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 en Spears is back in prac- Indian associations regarding talk or speech with statewide Ktice focusing in the area gaming and the state of Okla- or national stature, we’d like of bankruptcies. His office is homa compact with the sov- to hear from you. Sections, located at 210 N.W. 10th St., ereign nations. At the Oklaho- committees, and county bar Oklahoma City, Oklahoma ma Indian Gaming Associa- associations are encouraged 73103 and he can be reached tion Annual Conference he to submit short stories about at 405-236-1503. presented in two separate ses- upcoming or recent activities. Honors bestowed by other sions on “The Statutes of the publications (e.g., Super Law- Tribal State Gaming Com- yers, Best Lawyers, etc.) will not pact” and “The Future of be accepted as announcements. Internet Gaming.” The topic (Oklahoma-based publications for the Oklahoma Tribal Gam- are the exception.) Information ing Regulators Association selected for publication is was “Tribal Gaming Regula- printed at no cost, subject to tors Authority Under the editing, and printed as space State Compact.” permits. elly Basey made a Submit news items via email to: presentation on “Immi- How to place an announce- K ment: gration Issues & Criminal The Oklahoma Bar Journal Mackenzie McDaniel welcomes short articles or Communications Dept. Defense” at the 2015 Criminal news items about OBA mem- Defense Institute sponsored Oklahoma Bar Association bers and upcoming meetings. 405-416-7084 by the Oklahoma Criminal If you are an OBA member and [email protected] Defense Lawyers Association. you’ve moved, become a part- raydon D. Luthey Jr. ner, hired an associate, taken Articles for the Nov. 21 issue on a partner, received a promo- has spoken to several must be received by Oct. 19. G tion or an award, or given a

IN MEMORIAM

ohn M. Slater Sr. of Straw- onald K. Funnell of obert L. Barr III of King- Jberry Plains, Tennessee, DOklahoma City died Rfisher died July 16, 2015. died July 17, 2015. He was April 28, 2015. He was born He was born Oct. 8, 1939, and born Oct. 2, 1925, and gradu- Dec. 19, 1955, and graduated graduated from Hennessey ated high school from the from the OU College of Law High School in 1957 and from Oklahoma Military Academy in 1984 where he was an edi- the OCU School of Law in in Claremore. He served in tor of the Oklahoma Law 1968. He served in the Okla- the U.S. Army in World War Review. He spent his career homa Legislature from 1964- II and was called to serve practicing at Lytle Soule & 1968 and as the Oklahoma again in the 45th Infantry Curlee where he began as a State Board of Agriculture Division in Korea. He law clerk in 1982. He became president and chief executive received his J.D. from the a shareholder of the firm in officer from 1976-1977. Along TU College of Law in 1952. 1989. He was a natural leader with practicing family law, he He served his country for 45 and vital to the management was a business entrepreneur, years in the Department of of the firm for many years. He a philanthropist and a farmer Interior as a field solicitor to loved music and played the at heart. A few of his notable the Osage Nation from 1957- drums for many local rock, companies included Barr 1970, and the Social Security blues and bluegrass bands, Seed, Pioneer Trucking and Administration as a hearings including Mountain Smoke. Barr Energy. He belonged to a and appeals judge in the As the drummer for Moun- number of service organiza- Nashville and Tulsa offices. tain Smoke, he performed on tions including Hennessey He was a devoted, caring, the White House lawn with Coronado Masonic Lodge #56, loving father of four, grand- President and First Lady where he was a Scottish Rite father of 12 and great-grand- Jimmy and Rosalynn Carter. 32 degree Mason. He served father of eight. as director of the dental clinic at REST, on the World Neigh-

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1871 bors board of trustees, found- dward Trattner of Bethany patriot and was proud to sup- ed the Barr Foundation and Edied July 20, 2015. He was port honorable military per- served on many other boards born Sept. 25, 1955, and grad- sonnel. He was also an excep- of directors. Memorial dona- uated from the OCU School of tional marksman and a NRA tions may be made in his Law in 1992. For many years lifetime member. He was gift- name to the Regional Food he practiced law with his ed with a dry sense of humor Bank of Oklahoma, Kingfisher father, Henry Trattner, the two and brought intelligence and County Food Bank or Hen- working closely together on a laughter to any situation. He nessey Good Samaritan daily basis. He was passionate is survived by his father and Food Bank. about his country, a dedicated OBA member Henry Trattner.

OKLAHOMA BAR JOURNAL EDITORIAL CALENDAR

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

1872 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 IN MEMORIAM

1991 OBA President R. Forney Sandlin 1934-2015

obert Forney Sandlin of Muskogee and the American Bar Association for 57 died Saturday, Aug. 15, 2015. He was years. During that time he held many posi- Rborn Jan. 20, 1934, in Ft. Smith, tions including Muskogee County Bar Asso- Arkansas. He graduated from OU in 1956 ciation president, Oklahoma Board of Bar with a degree in finance and received his Examiners associate member, Board of Gover- LL.B. from the OU College of Law in 1958. nors member, Oklahoma Bar Association president, Judicial Nominating Committee During World War II and the Korean Con- chairman and American Bar Association flict he was called upon to play “Taps” at House of Delegates member. graveside rites for many fallen soldiers and later served for eight years in the U.S. Army He was also actively involved in many Reserves. civic organizations having served on the Muskogee Chamber of Commerce board of Upon being admitted to the Oklahoma Bar directors, Salvation Army board of directors, in 1958, he entered private law practice in Bacone College board of trustees, Muskogee Muskogee. From 1964-1969 he served as part- Community Nursing Service board of direc- time city prosecutor for the city of Muskogee. tors and past president, Bone and Joint Hos- His general practice focused on corporate pital board of directors, City Bank board of law, banking law, employment law, estates, directors and the Muskogee Regional Medical trusts and real estate law. Center board of directors. After the sale of He was a member of the team who Muskogee Regional Medical Center he was obtained the federal grant to develop the instrumental in establishing the City of Muskogee Industrial Park as well as incorpo- Muskogee Foundation. rating the Greater Muskogee Development He was a lifelong member of the St. Paul Corporation for the purpose of promoting United Methodist Church and served several industry. He served as the municipal court terms on the administrative board. judge for the city of Hulbert for 28 years and as general counsel for the Oklahoma State Memorial donations may be made in Council on Judicial Complaints for one year. his name to the St. Paul United Methodist Church, 2130 W. Okmulgee, Muskogee, He was an active member of the Muskogee OK 74401. County Bar, the Oklahoma Bar Association

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1873 You Are Not Alone.

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1874 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 Are YOU ready to be judged?

Want to save some Volume 86 u Applying for a Judicial No. 23 u Sep. 5, 2015 paper? Go online vacancy? We can help. to my.okbar.org/ It’s not just about being the best attorney. Login and sign in. You have to be the best applicant. Click on “Roster Through our confidential services, we will Info” and switch help you understand and complete the to electronic to judicial application process. receive court FCG’S principle, a former member of the JNC, issues. offers her specialized experience, making FCG the only Oklahoma firm qualified to offer fgroupcg judicial candidate selection services.

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NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: Associate District Judge Twenty-third Judicial District Pottawatomie County, Oklahoma This vacancy is due to the retirement of the Honorable John Gardner on Aug. 1, 2015. To be appointed an Associate District Judge, an individual must be a registered voter of the applicable judicial district at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, the appointee must have had a minimum of two years experience as a licensed practicing attorney, or as a judge of a court of record, or combination thereof, within the State of Oklahoma. Application forms can be obtained on line at www.oscn.net by following the link to the Oklahoma Judicial Nominating Commission or by contacting Tammy Reaves, Admin- istrative Office of the Courts, 2100 North Lincoln, Suite 3, Oklahoma City, OK 73105, (405) 556-9300, and should be submitted to the Chairman of the Commission at the same address no later than 5 p.m., Friday, Oct. 2, 2015. If applications are mailed, they must be postmarked by midnight, Oct. 2, 2015. Stephen D. Beam, Chairman Oklahoma Judicial Nominating Commission

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1875 WHAT’S ONLINE

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1876 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 CLASSIFIED ADS

SERVICES SERVICES

CPA Support for Tax Audits & Litigation OIL AND GAS RESEARCH CPA with tax representation experience in 207 tax au- Redbud Land Company is a centrally located, dits and Appeals, plus IRS audit experience, seeks Oklahoma based, landman service company. We tax audit & litigation support clients. Let us handle serve attorneys statewide and assist with determining the details for your cases. Our services include: 1. Re- their clients’ Oil & Gas assets and positions. constructing income and expenses from credit cards www.redbubland.com, [email protected], and bank statements, 2. Reconstructing mileage logs 405-563-2359. from alternative documents, 3. Preparing Reasonable Want To Purchase Minerals AND OTHER Compensation Reports for corporate tax audits, and OIL/GAS INTERESTS. Send details to: P.O. Box 4. Preparing Appeals and Tax Court exhibits and 13557, Denver, CO 80201. supporting documents. Also, if you don’t want to be bothered with Office Audits, refer them to us! Call 405-821-4768 or go to www.rescuemytaxaudit.com. OF COUNSEL LEGAL RESOURCES — SINCE 1992 — Exclusive research & writing. Highest quality: trial and BUSINESS VALUATIONS: Marital Dissolution * Es- appellate, state and federal, admitted and practiced tate, Gift and Income Tax * Family Limited Partner- U.S. Supreme Court. Over 20 published opinions with ships * Buy-Sell Agreements * Mergers, Acquisitions, numerous reversals on certiorari. MaryGaye LeBoeuf Reorganization and Bankruptcy * SBA/Bank required. 405-728-9925, [email protected]. Dual Certified by NACVA and IBA, experienced, reli- able, established in 1982. Travel engagements accepted. OFFICE SPACE Connally & Associates PC 918-743-8181 or bconnally@ connallypc.com. OFFICE SPACE FOR LEASE IN ESTABLISHED FIRM.

Space located in Boulder Towers at 1437 S. Boulder Appeals and litigation support Ave, Suite 1080, Tulsa, OK. Space includes two confer- Expert research and writing by a veteran generalist ence rooms, kitchen, reception area, security and free who thrives on variety. Virtually any subject or any parking. $1,000 per month. Contact Robert Williams at type of project, large or small. NANCY K. ANDER- 918-749-5566 or [email protected]. SON, 405-682-9554, [email protected]. LUXURY OFFICE SPACE - Three offices for lease, $670, Creative. Clear. Concise. $690 furnished and $870 in the Esperanza Office Park OIL AND GAS LITIGATION and TRANSACTION near NW 150th and May in OKC. Lease includes: Fully SUPPORT SERVICES. DUE DILIGENCE title for reserve furnished reception area; receptionist; conference valuations and borrowing base redeterminations. Over room; complete kitchen; fax; high-speed internet; 20 years of experience in land, land administration and building security; and, free parking. Please contact information technology. Custom research, analysis, re- Gregg Renegar at 405-285-8118. porting and due diligence databases to handle complex projects for litigation, acquisition, divestitures, hedges Office space – midtown law center and mortgages. Contact DEAN HIGGANBOTHAM 405- Space available - Easy walk to multiple Midtown 627-1266, [email protected], www.gld7.com. restaurants. Turn-key arrangement includes phone and LD, Internet, nearby parking, kitchen, storage, 2 HANDWRITING IDENTIFICATION conference rooms and receptionist. Share space with POLYGRAPH EXAMINATION 7 attorneys, some referrals. Board Certified Court Qualified 405-229-1476 or 405-204-0404 Diplomate — ABFE Former OSBI Agent LUXURY OFFICE SPACE – Large office space available Life Fellow — ACFEI FBI National Academy

for lease in the Esperanza Office Park near NW 150th Arthur D. Linville 405-736-1925 and May in OKC. Fully furnished reception area, receptionist available, large conference room, complete BRIEF WRITING, APPEALS, RESEARCH AND DIS- kitchen, building security, free parking, $700 month. COVERY SUPPORT. Eighteen years experience in civil Call John Shears 405-200-1911. litigation. Backed by established firm. Neil D. Van Dal- sem, Taylor, Ryan, Minton, Van Dalsem & Williams PC, PREMIUM OFFICE SPACE FOR LEASE. South Okla-

918-749-5566, [email protected]. homa City established law firm has space available to lease effective October 1, 2015. Send inquiries to “Box INTERESTED IN PURCHASING PRODUCING & AB,” Oklahoma Bar Association; PO Box 53036; Okla- NON-PRODUCING Minerals; ORRI; O & G Interests. homa City, OK 73152. Please contact: Patrick Cowan, CPL, CSW Corporation, P.O. Box 21655, Oklahoma City, OK 73156-1655; 405- 755-7200; Fax 405-755-5555; email: [email protected].

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1877 OFFICE SPACE POSITIONS AVAILABLE TAKE CONTROL of the growth of your law firm! EX- FULL SERVICE, AV-RATED, DOWNTOWN TULSA

PAND your real estate law practice into an untapped

LAW FIRM seeks associate attorney with 3 - 6 years’ and underserved county! We have newly remodeled of- commercial litigation experience. Solid deposition and fice space available in Antlers, OK to perfectly fit your trial experience is a must. Our firm offers a competitive needs. Contact Jim at 580-298-3001 to set up a viewing. salary and benefits, with bonus opportunity. Submit résumé and references to “Box P,” Oklahoma Bar As- POSITIONS AVAILABLE sociation; PO Box 53036; Oklahoma City, OK 73152. EDMOND LAW FIRM seeks associate attorney for civil THE OKLAHOMA BAR ASSOCIATION HEROES program is looking for several volunteer attorneys. The litigation. Self-starter with strong work ethic, research and writing skills, interpersonal skills, ability to work in need for FAMILY LAW ATTORNEYS is critical, but at- a team environment and manage a diverse caseload. Pre- torneys from all practice areas are needed. All ages, all fer 5-10 years of relevant experience. Benefits offered. counties. Gain invaluable experience, or mentor a Compensation based on experience and existing busi- young attorney, while helping someone in need. For ness. Please submit salary requirements, résumé and more information or to sign up, contact Gisele Perry- writing sample to [email protected]. man, 405-416-7086 or [email protected]. NORMAN LAW FIRM IS SEEKING sharp, motivated SW OKC LAW FIRM SEEKS COMPETENT ATTOR- NEY to take on our existing, full caseload of family law

attorneys for fast-paced transactional work. Members of our growing firm enjoy a team atmosphere and an cases and for someone to continue to grow with our energetic environment. Attorneys will be part of a cre- firm. Candidate must be motivated and willing to max- ative process in solving tax cases, handle an assigned imize the benefits of the firm’s marketing of the family caseload, and will be assisted by an experienced support law division. Great opportunity for a new or solo at- staff. Our firm offers health insurance benefits, paid va- torney to take on existing, litigated caseload and to ob- cation, paid personal days, and a 401K matching pro- tain trial experience. Interested candidates must pos- gram. Applicants need to be admitted to practice law in sess excellent listening, fact-finding, and logical Oklahoma. No tax experience necessary. Submit cover reasoning skills as well as have the determination to letter and résumé to [email protected]. excel and grow in their area of practice. Applicants MUST have some working knowledge of the process of Seeking exceptionally qualified LAWYERS AND LAW handling family law matters and must be willing to

STUDENTS who have a desire to LEAD, be CHAL- learn new skills. Competitive salary, plus bonus oppor- LENGED and gain extensive court room knowledge tunity. Position available immediately. Please email and experience while serving as a Marine Officer and your cover letter, résumé and references to kim@ JUDGE ADVOCATE GENERAL. Full time and part joshleelaw.com. time Officer commissioning opportunities. JAG BO- NUS and FINANCIAL AID for law school available. LITIGATION ATTORNEY. Immediate opening for a Please call the Marine Officer Selection Team at litigation attorney with 5 + years litigation/bankruptcy 405-447-4809 for more information. experience. Only energetic, positive attorneys with an ability to multitask should apply. Salary commensurate IN-HOUSE LEGAL COUNSEL. Love’s Travel Stops & with experience, plus benefits, including 100% individ-

Country Stores, Inc. seeks full-time attorney for OKC ual health insurance provided. Send confidential résu- generalist position. 4 to 8 years of substantive litiga- mé and salary expectations to NLLG at resume@ tion experience REQUIRED, as well as corporate and/ nationlit.com. All emails will be answered. or transactional experience. Must have significant experience and skills in litigation, contract review, draft- FAMILY LAW FIRM SEEKS ATTORNEY with mini-

ing and negotiation and be comfortable managing a mum one year’s experience. Résumé; writing sample large number of projects. Experience with IP licensing and two references required. Mail to “Box CD,” Okla- and service contracts a plus. Salary commensurate homa Bar Association, P.O. Box 53036, Oklahoma City, with qualifications and experience. Eligible for full OK 73152. benefits package and long-term incentive plan. Quali- MITCHEL, GASTON, RIFFEL AND RIFFEL, PLLC in- fied candidates are urged to act quickly and apply on-

vites associates with 3+ years’ experience to join our line for the “Corporate Attorney” position at www. team. We are looking for a candidate who is knowl- loves.com/jobs. edgeable in multiple practice areas, including litigation, SOUTH OKC FIRM WITH A VERY BUSY AND DI- family law and/or title opinions. Candidates must have excellent research skills, analytical thinking skills, and

VERSE PRACTICE seeks an attorney that is motivated and has expertise to practice in family law, estate plan- writing skills. Location to work in could include working ning, wills, trusts, and bankruptcy. Other opportunities from home or from a satellite office. Send résumé to within the firm include, briefing, general litigation Mitchel, Gaston, Riffel & Riffel, PLLC, Attn: Jessica Walk- work (depositions, client prep), and assisting with em- er, 3517 W. Owen K. Garriott, Suite One, Enid, OK 73703 ployment related discrimination cases. If interested or email to [email protected]. please send a résumé: Attention Office Manager to PO Box 890420 OKC, OK 73189.

1878 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 POSITIONS AVAILABLE FOR SALE AV RATED DOWNTOWN TULSA LAW FIRM seeks OKLAHOMA STATUTES ANNOTATED - Full Set, Ex-

an attorney with 3-5 years of experience in family law. cellent condition, with 2012 Pocket Parts, $250. Call Compensation DOE. Great benefits and friendly atmo- 627-6490, leave message. sphere. Submit confidential résumé, references, writing HUNTING RANCH 400AC MOL MIXED TIMBER/ sample and salary requirements to TulsaLawFirm

PASTURE. Deer, turkey, ducks and trophy bass. Mor- [email protected]. ton type building w/living quarters/equipment stor- LITIGATION ATTORNEY NEEDED WITH 3+ YEARS age. Located between Tulsa/Stillwater off Hwy51. Call/ text/email [email protected] 918-855-9758. OF EXPERIENCE for AV-rated mid-sized NW OKC law firm to help with litigation concerning oil & gas titles and real property titles, and probates. Send cover LOOKING FOR WILL letter and résumé to “Box S,” Oklahoma Bar Associa- tion; PO Box 53036; Oklahoma City, OK 73152. LOOKING FOR THE WILL OF Wendell Edward Miles

of Oklahoma City, OK, who passed away on August 10, OKLAHOMA BASED, MULTI-STATE FIRM seeks as- 2015. CONTACT: Jennifer Wright, 405-848-4848, 3717 sociates for Oklahoma office, Northeast Oklahoma N.W. 63rd Street, Ste 100, Oklahoma City, OK 73116, area. Emphasis on Family Law, Child Support Enforce- [email protected]. ment, and Native American law. Strong work ethic and self motivation skills required. All replies considered LOOKING FOR THE WILL OF Dorothy Cleo Walker, confidential. Send résumé and salary requirements to: of Lindsay, Oklahoma, Garvin County, who passed “Box B,” Oklahoma Bar Association, P.O. Box 53036, away on August 2, 2015. CONTACT: Lacey Egbert 405- Oklahoma City, OK 73152. 285-6858, [email protected] or 307 E Danforth Rd. Suite 130, Edmond OK 73034. THE OKLAHOMA TAX COMMISSION is accepting

applications for the position of General Counsel. The CLASSIFIED INFORMATION primary responsibility of the position is to provide leadership and ensure efficient and effective manage- REGULAR CLASSIFIED ADS: $1 per word with $35 minimum ment of staff and resources in the Legal Division. The per insertion. Additional $15 for blind box. Blind box word position oversees the legal services provided by ap- count must include “Box ___,” Oklahoma Bar Association, PO proximately 20 attorney positions in Oklahoma City Box 53036, Oklahoma City, OK 73152.” and Tulsa. Applicants must be licensed to practice law DISPLAY CLASSIFIED ADS: Bold headline, centered, border in Oklahoma. The ideal candidate should have at least are $50 per inch of depth. 5 years of relevant experience, including the manage- DEADLINE: See www.okbar.org/members/BarJournal/ ment of attorneys and supervising support staff, and advertising.aspx or call 405-416-7018 for deadlines. strong communications skills. Submit cover letter, ré- SEND AD (email preferred) stating number of times to be sumé, and writing sample to [email protected]. published to: ok.us. The OTC is an equal opportunity employer. [email protected], or ESTABLISHED LAW OFFICE AND CPA FIRM in Emily Buchanan, Oklahoma Bar Association, PO Box 53036, Oklahoma City, OK 73152. South Central Oklahoma, looking for an experienced legal assistant or newly admitted attorney with tax Publication and contents of any advertisement are not to be background. Compensation and benefits negotiable deemed an endorsement of the views expressed therein, nor based upon experience. Please email résumé to: cindy@ shall the publication of any advertisement be considered an en- cajohnsonenterprises.com. dorsement of the procedure or service involved. All placement notices must be clearly non-discriminatory. DO NOT STAPLE BLIND BOX APPLICATIONS.

Vol. 86 — No. 24 — 9/12/2015 The Oklahoma Bar Journal 1879 THE BACK PAGE Back to School After 30+ Years By Margaret Travis

Two years ago I decided to began to work. And thus began return to school full-time. At 50. my first mid-term exams in over Take a minute to let that sink in. 20 years. At the end of the semes- Upon investigation, I found the ter when I turned in the final, that Masters of Health Administration same professor noted, “You seem program. I paid my money and much more relaxed this time.” applied. Lo and behold, in May of And I was. 2012 I got a letter saying I’d been I’d gone to the bathroom, got accepted. I went to the College of water and written and pondered. Public Health to enroll. At that first exam, if I’d left my At about that point, doubt crept seat, I probably wouldn’t have in. It had been two decades since come back. I’d been a student in a classroom. I try to be a good example to Quantitative methods, a sneaky my kids. I never miss class. Dur- way of saying statistics; manage- ing my last two years, I missed rial epidemiology; financial man- school. He was a nice young man, class three times: twice for school agement; all things that kept me trying to establish common activities and once when my son out of business school, were on ground and began quizzing me had a doctor’s appointment. I talk the agenda. I called and set up about the teachers who were there about my grades. I do extra credit appointments with my professors. when I was there. The professor assignments because I’m always In one meeting, the professor was eavesdropping on our conver- telling my kids, “Always take asked what I was worried about sation. When my classmate asked extra credit when they offer it and I responded, “Math. I haven’t me, “When did you graduate high because you never know when been in a math class in more than school?” my professor said, “Son, you might need it!” I had a strug- 30 years.” She leaned over her you don’t want to go there.” I gle with myself in epidemiology desk, picked up a business card- looked him in the eye and told about this. I had a 97.4 average in sized calculator and said, “You him. He was silent for a few sec- the class. Several people com- can use a calculator, right?” Yes, onds and said softly, “I wasn’t plained they needed additional they are funny at the College of born then.” We went for a beer points and the professors offered Public Health. after class. an extra credit assignment. I clear- It’s been interesting. One day a One day we were in a room at ly didn’t “need” the extra credit. professor inquired, “Who remem- the college working on a project. I certainly didn’t want to do the bers the Bhopal Disaster?” Mine One of the young men said his extra work. But I did want to say was the only hand raised. Another mother’s birthday was coming. He to my kids, “See, I take extra cred- asked, “Who remembers Chernob- dreaded it because he remembered it when it’s offered, whether I yl?” Again, mine was the only when she turned 40 as an awful need it or not.” hand. In one class a guest speaker time, and he wasn’t looking for- It has, all in all, been a good said, “Who’s the oldest person ward to her turning 49; I was 51 experience. I’ve learned a lot. I can here?” Again I raised my hand. at the time. say ACO, PCMH and other acro- This time others did as well. He nyms without fear of being called questioned everyone. I won! My first exam came in law and ethics. I’d studied, prepared a out for not knowing what I’m One day I wore to class a tee study guide and thought I was talking about. And I hope I’m shirt from my daughter’s days at ready. I did okay until I got to sending a message to my kids, Villa Teresa School. A classmate class. Then things went south. I and even the kids I was in school asked if I’d gone to VTS. I said no, looked at the exam and began to with. It’s never too late to make a my daughter had. We discussed sweat. I wanted to vomit. I change, learn something new and when he was there and as near as thought I would hyperventilate. do something different. I can tell my daughter was in first My vision blurred. I looked Ms. Travis practices law part time grade when he was in 4th grade. around. Everyone else (head low- and continues her journey in higher On further discussion, we learned ered) was scribbling on the exam. education at the OU Health Sciences we had gone to the same high I tamped down my anxiety and Center in Oklahoma City.

1880 The Oklahoma Bar Journal Vol. 86 — No. 24 — 9/12/2015 Doing Your Job as a Trial Lawyer: Experts and Trial Tactics

SEPTEMBER 25, 2015 Oklahoma Bar Center 1901 N. Lincoln Blvd. Oklahoma City, OK

Program Planners/Moderator: M. Shane Henry, Fry & Elder

This seminar will focus on working with and cross examin- This course has been approved by the Oklahoma Bar Association ing psychological experts as well as opening statements, Mandatory Continuing Legal Education Commission for 6 hours of mandatory CLE credit, including 0 hours of ethics. trial tactics and cross examination. TUITION: $150 for early-bird registrations with payment received at least four full business days prior to the seminar date; CANCELLATIONS: $175 for registrations with payment received within four full Cancellations will be accepted at any time prior to the business days of the seminar date. $200 walk-ins. To receive a $10 live program discount register online at www.ok- seminar date; however, a $25 fee will be charged for can- bar.org/members/cle. The program will also be webcast at a cellations made within four full business days of the semi- non-discounted price. nar date. Cancellations, refunds, or transfers will not be ac- **Printed materials will not be available the day of the seminar; cepted on or after the seminar date. however, you can order a copy to be mailed to you at a later date for $25.

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