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OKLA CITY OK

Page 2 Page Page 10-11 Page 18 5 War Stories...... Stories. War ...... Seminars and Events

14 5 Stump Roscoe ...... Roscoe Stump ...... Playlists Definitive iBar

Goldman’s Life & Career & Life Goldman’s Golf and Tall Tales Tall and Golf

13 4 Old News ...... News Old ...... Said Court the And

Glimpse at Attorney Edward A. Edward Attorney at Glimpse A Successful Afternoon of Afternoon Successful A

13 3

Bar Observer ...... Observer Bar ...... Cook M. David Judge

Tournament Professionalism

8 Book Notes...... Notes. Book Remembrance: In

OCBA Golf OCBA in Profiles

6 2 Work Life Balance...... Balance. Life Work ...... President The From

Inside

See AWARDS, PAGE 16 PAGE AWARDS, but was unable to attend to unable was but Lawyers Award Lawyers

YLD Director Award to Curtis Thomas Curtis to Award Director YLD award, this of recipient a also was Gattoni Susanna Murrah, received the YLD Friends of the Young the of Friends YLD the received Murrah,

YLD Chair Drew Mildren presents the Outstanding the presents Mildren Drew Chair YLD Award; Lawyer Courageous President’s Day, Seth Judge Lisa Hammond, YLD Beacon Award Beacon YLD Hammond, Lisa Judge Phillips of firm the representing Rahme, Dawn

OBA and OCBA President. OCBA and OBA Corbyn

Leadership Award on behalf of Laura McConnell- Laura of behalf on Award Leadership Committee Abuse Domestic Alissa Shaddix White Shaddix Alissa Supreme Court, and M. Joe Crosthwait, Past Crosthwait, Joe M. and Court, Supreme

Charles Geister accepted the Bobby G. Knapp G. Bobby the accepted Geister Charles to Award the presents Walke Geary Editor Against Lawyers of Chair Harris, Gretchen Briefcase Colbert, Chief Justice of the Oklahoma the of Justice Chief Colbert,

to the recipients by the Honorable Tom Honorable the by recipients the to

year OBA Service Awards were handed out handed were Awards Service OBA year

this year’s OCBA awards. The 50- and 60- and 50- The awards. OCBA year’s this

John Heatly assisted in the presentation of presentation the in assisted Heatly John

Past President and Awards Committee Chair Committee Awards and President Past

Luncheon on June 20 at the Tower Hotel. Tower the at 20 June on Luncheon

over 250 at this year’s Annual Award Annual year’s this at 250 over

sented awards and entertained a crowd of crowd a entertained and awards sented President Patricia Parrish greeted, pre- greeted, Parrish Patricia President

Ages

Community Service Award Service Community for All for

Edward & Tom Goldman, Goldman Law Firm, Law Goldman Goldman, Tom & Edward Award Service Professional Gilliland, H. Robert Don Holladay & James Warner, Jr., Pro Bono Award Bono Pro Jr., Warner, James & Holladay Don

Success

A

Awards Luncheon Awards

OCBA 2014 OCBA OCBA Award recipients include: recipients Award OCBA

Vol. 46, No. 7 A Publication of the the of Publication A 7 No. 46, Vol. 2014 JULY KAOACUT A SOITO WWW. ASSOCIATION BAR COUNTY OKLAHOMA OKCBAR.ORG 2 BRIEFCASE • July 2014

BRIEFCASE From the President July 2014 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Taking a Moment to Help our Seniors Oklahoma City, OK 73102 (405) 236-8421 We may never know how much our smallest acts of kindness Briefcase Committee Judge Jim Croy, Jim Drummond, Michael are appreciated - but they greatly are. Duggan, Justin Hiersche, Scott Jones, Matt Kane, Teresa Rendon, Bill Sullivan, Rex Travis, By Judge Patricia Parrish neighbors. Our effort can be as simple as an elderly person who needs assistance in Alisa White, Chris Deason, Judge Don Deason OCBA President bringing a trash can up the drive for an eld- completing a project, such as yard work or and Judge Allen Welch. erly woman or changing a light bulb in a Mother Teresa once said, “Loneliness a home project, to Connie at the OCBA at Editor Judge Geary L. Walke ceiling fixture for a senior and the feeling of being (405) 236-8421. neighbor. When we spend Contributing Editors Dean Lawrence Hellman unwanted is the most ter- The Senior Law Resource Center, a time with the elderly, we Richard Goralawicz rible poverty.” non-profit organization, provides another reinforce their value and Bill Gorden Perhaps the greatest opportunity for attorneys to assist our sen- worth as people. We, too, Warren Jones enemy for our elderly is iors. Their mission statement reads: “To benefit in unexpected loneliness. Although we empower Oklahomans to age with inde- ways from the interaction. Oklahoma County Bar Association may know many seniors pendence, dignity, and security by provid- who are healthy and This upcoming year, ing high-quality, affordable legal informa- OFFICERS: active, and involved with the OCBA Community tion, resources, and services.” If you are President Judge Patricia Parrish friends and family, some Service Committee will interested in representing the elderly on a President-Elect Jim Webb are not so fortunate. These pro bono basis, particularly in areas Vice President Angela Ailles Bahm be focusing on the needs seniors may live alone and involving social security matters, please Past President John Heatly of the elderly. A summer have little or no contact contact Jill Watskey at jillwatskey@ Treasurer Robert D. Nelon event is being planned at with others. They are the senior-law.org. Bar Counsel Brandon Long a nursing facility, and the ones that easily go unno- I challenge each of our members to STAFF: committee is looking for ticed and unattended. Judge Patricia Parrish spend some time helping an elderly per- Executive Director Debbie Gorden “hands-on” projects to Legal Placement Director Pam Bennett How do we help end son. You might just find that your gift of help the elderly in our community. Please Membership Services Connie Resar this loneliness? The answer is simple. We giving becomes a marvelous blessing to must reach out to our elderly friends and submit your suggestions and/or needs of you! Journal Record Publishing Co. Inc. Publisher Mary Mélon Profiles in Professionalism Director of Sales and Community Relations Sunny Cearley Art Director Gary L. Berger Creative Services Tiffany English Edward A. Goldman Velvet Rogers Sarah Williams By Robert M. Goldman Advertising Acct Exec Jessica Misun Many brothers have attempted to practice law together. Some have been successful, but many have not. I have been asked* to For advertising information, write this article on my brother and will call 278-2820. attempt to do him, and the article, justice. I have been practicing law with my older Postmaster: Send address changes to OCBA brother (emphasis on “older”) since 1977. Briefcase, 119 North Robinson Ave., Oklahoma Through it all, it has been a wonderful ride. City, Oklahoma 73102. Countless times fellow attorneys pass me in Journal Record Publishing produces the Briefcase the hall of the courthouse and call me for the Oklahoma County Bar Association, which is “Eddie” and then give me an immediate solely responsible for its content. apology. © 2014 Oklahoma County Bar Association Edward Goldman was born in Bayonne, New Jersey, a peninsula town approximate- ly seven miles from New York City. It is OKLAHOMA COUNTY three miles by a mile and a half and has BAR ASSOCIATION approximately 70,000 people. The experi- MISSION STATEMENT ence growing up in Bayonne was incredible. It was a true melting pot of ethnicity and Volunteer lawyers and judges dedicated to serving the judicial system, their profession, race. It was impossible not to be touched by and their community in order to foster the the multicultural experience. highest ideals of the legal profession, to bet- Eddie is the middle child and we had ter the quality of life in Oklahoma County, exceptional parents who provided love, and to promote justice for all. humor, nurturing and a few of the finer things in life. “The finer things in life” was- n’t just a proverb for us; we actually lived across from the railroad tracks. I feel like our mother invented Hamburger Helper as we never had hamburger that wasn’t extended by adding lots of bread crumbs and eggs. In high school, Eddie played football and Ed Goldman with Adalise Goldman and Briella Goldman, two of his eight grandchildren. baseball. On an eventful day, he was roam- ing the halls of school with a pack of other University undergraduate and play baseball. him at the airport and from that day a per- football players when he was intercepted by After a summer of indecision and goading sonal relationship between our families a teacher inquiring why he wasn’t in class. by his mother, Eddie’s father, who is now 97 existed. He couldn’t have asked for more, He responded that he did not have a class years old, removed any doubt by packing than to be adopted by Paul and Carol that period. She said “You do now. You’re Eddie’s bags and providing him a one-way Hansen. taking typing!” More on this later. airplane ticket to Oklahoma City. So follow- One day Jack Dawson came back into the After finishing high school, he came to ing Horace Greeley’s advice, Eddie went Oklahoma City to attend Oklahoma City west to uncharted land. Paul Hansen met See PROFILES, PAGE 14 www.okcbar.org • July 2014 • BRIEFCASE 3 Externship with Oklahoma County

By Abigail Patten For those of you who may be questioning this summer has been a wonderful experi- have gained so far from observation and par- Time in the courtroom is very limited for the similarities and differences between an ence. Not only have I become more confi- ticipation in the externship program, I have most law students just finishing up their first extern and an intern, it is simple. First, the dent in my knowledge of the law, but it has also met numerous wonderful people, many year. Throughout the year, we devote time to main similarity in an externship and intern- also given me the opportunity to learn a of whom have given me priceless informa- reading case after case to learn the rules and ship is that a student in both programs has an wide array of new things. Every day is tion and advice about anything from school laws as they theoretically apply in each case. opportunity to see the law applied which something different. The Special Trial right now to my career years in the future. We learn procedures and the way the law allows them to increase their knowledge of Division hears a variety of cases such as These individuals base their advice on prior works through studying Property, Torts, areas of the law and gain exposure to real Small Claims, Forcible Entry & Detainer, knowledge and experience, and that I find is Contracts, Criminal Law, and Civil life situations as well as having a supervisor Department of Human Services Child just magnificent! After all why “recreate the Procedure, as well as how to draft legal to provide valuable support and advice. The Support Enforcement, motions, and wheel?” Especially when many before me papers and research pertinent cases, statutes, externship program allows students to vol- Misdemeanors, just to name a few. In addi- have been there, done, and seen things that I and the like. Although we learn an abundant untarily work for an organization, as well as tion, each judge has his own special docket, can only imagine, but I may very well be amount about the law and how it works participate in class sessions and assign- including Mental Health Court, Cost faced with similar obstacles in my career as throughout the school year, we are rarely ments. If the program is successfully com- Collection Court, Traffic Court, and so on. I well. able to actually see it applied before our eyes pleted, per the requirements, the student will have also had the opportunity to observe dif- To current students who may be consider- to real life situations. then receive credit toward their degree for ferent types of cases with other judges, ing externing or interning for any organiza- I am currently one of the students who their work. An internship on the other hand including felony trials, divorce proceedings tion, I would highly recommend the experi- have just finished the first year of law school can be done either for pay or voluntarily, but and victim protection hearings. Observation ence, as the knowledge you will gain is com- at Oklahoma City University. Sure, by the it is not for class credit. Another program has been the biggest learning opportunity pletely irreplaceable and helpful for your end of the year, I knew what I had learned in available is the Licensed Legal Intern, which because not only does it expose externs to future education and career. Likewise, to class and read throughout the year, but I was is an Oklahoma Bar Association program, matters we have specifically learned about any current judges or lawyers, I would rec- not so confident in actually being able to administered through the law schools. A in class, but also to see how subjects cross ommend that you allow an extern or intern apply it. However, upon completing the first Licensed Legal Intern can be either an reference and fit together in any given case. to learn from you. If it were not for Judges year I was accepted to participate in the extern or intern. After the student has com- In addition to observation, as externs, we Easter, Croy and Walke giving me the Judicial Externship/ Internship program pleted certain, specified requirements, they also research the law and statutes pertaining opportunity to come learn from them this with the Oklahoma County judges, in which are eligible to obtain a license which gives to specific cases, and present to our judges summer, I probably would not have received environment I could actually see live cases the intern opportunities in which they are the possible findings in order to help out on half the time I have in the courtroom, and I in the courtroom daily. I was selected for an actually allowed to do more than a student cases, while also furthering our knowledge would not have all the knowledge I have externship in the Special Trial Division with can within the workplace. of the law and how it applies. gained through the program and live situa- Judges Easter, Croy and Walke. Externing for judges at Oklahoma County In addition to the invaluable knowledge I tions! In Remembrance Judge David M. Cook

By Rex Travis Bronze Stars, with Oak Leaf Clusters, for position available. for several years until, in 1981, he married Judge David Cook died May 29th at the gallantry in action. He ultimately served in Perhaps his proudest award was the his second wife, Gayle. They remained hap- age of 95. He had a long life and a long and the Army Reserve and retired as a Lt. Col. Journal Record Award, for which he was pily married until his death. distinguished career. He graduated from Upon his return from the war, Judge Cook selected by the Oklahoma County Bar Judge Cook’s wartime service developed Central High School in Oklahoma City, practiced law in Wewoka with his father-in- Association and which is awarded by the the sort of patriotism which defined him, as where he excelled in oratory and debate. law and served three years as County Judge Journal Record Publishing Co. It is general- it did many of what Tom Brokaw called (which would now be called Associate ly considered the highest award made by the While in undergraduate school at OU, in “The Greatest Generation.” Judge Cook District Judge) in Seminole County. He County Bar. 1940, he married Mary Jean Carver. The spoke often of duty and obligation to coun- worked in the legal department of Skelly Oil During the whole time Judge Cook was marriage was a long and good one and last- Company in Tulsa for six years. He then on the bench, he also taught as an Adjunct try. Judge John Amick (now retired) likes to ed until her death in 1965. They had two practiced in Oklahoma County until he was Professor of Law at the Oklahoma City tell the story of a case Judge Amick tried children, a daughter, Cynthia, who died in appointed to the Oklahoma County District University School of Law. He taught a wide while Judge Cook was serving as Presiding 1973 and a son, David T. Cook, an Court bench, spending in all, 25 years as a range of courses, including Contracts, Judge. One of the duties of the Presiding Oklahoma County lawyer. lawyer and County Judge before taking the Creditors Rights and Property Law. Judge was to welcome the jury panel and His wife’s father was a lawyer in District Court bench. However, what he really relished teaching hear requests to be excused from jury duty. Seminole County. Judge Cook would later He received an award from the Oklahoma was Evidence, which he taught to a huge An obviously older woman was called for practice law with him in Wewoka. But Bar Association for having been a lawyer number of future lawyers over a lot of years. duty in Judge Amick’s court one day during World War II intervened. and judge for 70 years. He retired from the His teaching of Evidence carried over to the Iraq war. She couldn’t hear when the After Pearl Harbor was attacked, in bench in 1991 but remained in active retired his work on the bench. Woe be unto the clerk called her name and couldn’t hear December, 1941, the senior law class at OU, status from 1991 to 2007. During that time, lawyer who made an objection without real- Judge Amick’s instructions as to which seat including Judge Cook, was given their law Judge Cook conducted Supreme Court set- ly knowing the precise legal basis for the in the jury box she should take. Judge Amick degrees early and admitted to the bar, with- tlement conferences and took assignments to objection! He would look over his glasses suggested she was likely of an age at which out having to take the Bar Exam. Judge hear cases and conduct trials throughout and say something like: “Mr. Travis, upon Cook soon went into the Army. He served as Oklahoma. what section of the evidence code are you the law allowed her to be excused from the a forward observer in the Artillery in the He collected almost all of the awards the basing that objection?” You really had better jury. She said she had told Judge Cook that. South Pacific. He made five amphibious legal profession had to offer in his long know, or you were in for a lecture at the next Judge Amick asked her what Judge Cook landings in New Guinea and the Philippines career. He was a charter member of the recess. had said. She said: “Well, as I understood and participated in five major campaigns. Luther Bohannon Inn of Court. He served After the death of his first wife, Mary him, my choices were to serve on this jury or He was honored by the Silver Star and two the Inn as a Master of the Bench, the highest Jean, in 1965, Judge Cook was a widower go to Iraq.” Judge Amick excused her.

“In the republic of mediocrity Quote genius is dangerous.” ~ Robert G. Ingersoll of the MONTH lawyer and orator (1833-1899) 4 BRIEFCASE • July 2014

And the Court Said An Olio of Court Thinking

By Jim Croy the demurrer was properly overruled. think about this case? What do the mothers earned their money when they convict the The third assignment argued is that the out there who have sons who are going to be defendant. July 28, 1914 court charged the jury that the guilt of defen- reared in this county think about this defen- The further statement, which has refer- One Hundred Years Ago dant could be established by a mere prepon- dant? Yes, gentlemen of the jury, if that audi- ence to what the “crowd in the court room” [Excerpted from, Libby v. State, 1914 OK derance of the evidence. It is argued: ence out there could pass on the guilt of this would do to the defendant, was highly 356, 142 P. 406.] “That the consequences of a conviction defendant, they would answer with one improper. The defendant was entitled to be This action was begun upon the complaint are such as usually follow the conviction for accord ‘guilty.’ I say, ‘Give the doctor a dose tried by the court and by the jury, who was and affidavit of Anna May Kiser of Craig a crime, and therefore that the rule of reason- of his own medicine.’ * * * sworn to try the case. Their verdict should be County against J. W. Libby for the support able doubt should have applied.” “Gentlemen of the jury, the doctor did not based upon the law and evidence, not what of her bastard child of whom she alleged This contention cannot be sustained. In employ any lawyer in this case, although, as the crowd in the courtroom desired. The J.W. Libby was the father. The cause was Bell v. Territory, 8 Okla. 75, 56 P. 853, In re you well know, he is amply able to employ crowds in the courtroom are generally in tried and judgment rendered against J.W. Comstock, 10 Okla. 299, 61 P. 921, and a lawyer. He expects to come into court sympathy with the defendant, and not with Libby requiring him to pay the sum of $75 Anderson v. State, ante, 140 P. 1142, this without a lawyer, without a witness, not the state, because his friends most generally into court and the sum of $5 per month character of cases is held to be in the nature even taking the witness stand on his own attend his trial. thereafter until such child arrived at the age of a civil proceeding. Hence a fair prepon- behalf, and without anything, expects you The statement, “the defendant is down of twelve years, unless further ordered by derance is all that is necessary. But if this gentlemen to return a verdict in his favor. there selling dope to the young men and the court, and from such judgment, and the were not the law, and if it were the law that “Gentlemen of the jury, I say to you that if women of the county, and it is up to you to orders overruling motion in arrest of judg- the complainant should maintain her case by there is a living God that you men do not send him to the penitentiary to get rid of ment and motion for new trial, defendant proof that defendant was the father of her have the guts to go out to your jury room, him,” was also highly improper under the appealed to this court. child beyond a reasonable doubt, the evi- under your oath, and return a verdict to this evidence in this case. This argument is based This cause was first filed in the Criminal dence in this case is sufficient; if the law had court of anything but ‘guilty.’” upon the testimony of one of the witnesses Court of Appeals and the question is raised required the jury to find the defendant guilty That part of the statement which says: who swore that defendant, who was a doc- as to the jurisdiction of that court to decide beyond a reasonable doubt, and they had so “Gentlemen of the jury, the doctor did not tor, had given morphine to his wife, who the questions involved. But such contentions found under this record, and the issue had employ any lawyer in this case, although, as was sick, and whom the doctor was treating. are answered by the fact that it has been been fairly submitted to the jury, we would you well know, he is amply able to employ There is nothing in the evidence to show that transferred from the Criminal Court of not disturb the verdict. Complaint, however, a lawyer. He expects to come into court this medicine was given in any unusual way, Appeals to this court for determination. is made that the court erred in giving certain without a lawyer, without a witness, not or that it was not necessary in the proper The first assignment of error presented instructions and in refusing to give certain even taking the witness stand on his own treatment of this patient. There was no evi- and argued is that the lower court erred in instructions. However, we have examined behalf, and without anything, expects you dence that defendant was selling dope to overruling defendant’s demurrer to the com- the instructions set out in plaintiff in error's gentlemen to return a verdict in his favor,” is young men or women, and for this reason plaint. One of the questions presented in this brief and in the bill of exceptions, and find in direct conflict with the statute, Oklahoma the argument was highly improper. proposition is that prior to statehood there no material error either in giving the instruc- Statutes, 1931, section 3068, 22 Okla. St. was no bastardy statute in force in the Indian tions given by the court or in refusing those Ann. § 701, which provides: July 15, 1964 Territory; that, the child having been born offered by defendant. “In the trial of all indictments, informa- Fifty Years Ago April 14, 1908, conception must have taken tions, complaints and other proceedings [Excerpted from Drew v. County Attorney, place prior to statehood and at a time when July 14, 1939 against persons charged with the commis- Tulsa County, 1964 OK CR 75, 394 P.2d there was no bastardy statute in force in the Seventy-Five Years Ago sion of a crime, offense or misdemeanor 246.] Indian Territory, and that therefore this [Excerpted from Rice v. State, 1939 OK CR before any court or committing magistrate It appears from the records that the peti- statute, as to that offense, is ex post facto. 84, 92 P.2d 857.] in this state, the person charged shall at his tioner, Carl D. Drew, was on the 28th day of But that is neither the object nor the effect of The defendant was charged in the district own request, but not otherwise, be a com- November, 1962 sentenced to the State the statute. Section 4401, Rev. Laws 1910, court of Marshall county with the crime of petent witness, and his failure to make Penitentiary from Muskogee County for the which is the same as section 2997 of the ter- receiving stolen property; was tried, convict- such request shall not create any presump- crime of robbery with firearms, to serve a ritorial statute, reads as follows: ed, and sentenced to serve a term of three tion against him nor be mentioned on the term of seven years, and that subsequent to “Whenever any woman residing in any years in the penitentiary, and has appealed. trial; if commented upon by counsel it this, a detainer or hold order, was filed with county of this state is delivered of a bas- It becomes necessary to consider only one shall be ground for a new trial.” the Warden of the State Penitentiary. This tard child, or is pregnant with a child of the assignments of error for the proper * * * detainer, or hold order, was from Tulsa which if born alive will be a bastard, com- disposition of this case. The case-made con- It cannot now be argued that the county County, and arose out of a preliminary infor- plaint may be made in writing duly veri- tains a statement of the closing argument of attorney did not make the statement. The mation, which was filed March 21, 1962. fied, by any person to the county court of the county attorney. This statement is made record was presented to him in person, Said preliminary information was filed in the county where such woman resides, a part of the record. which contained this statement. If he did not the court of Common Pleas of Tulsa County, stating that fact and charging the proper * * * make it, the question should have been pre- and charged the petitioner and one Orville person with being the father thereof. The Within the transcript, and as a part of the sented to the trial court, and settled by him Lee Davis with the crime of “robbery with proceeding shall be entitled in the name of record, is a statement of the closing argu- before the final certificate was signed by the firearms”, and is listed as case #132544. the state against the accused as defen- ment of the county attorney. A part of the trial judge. The record as it now appears The County Attorney of Tulsa County has dant.” same is as follows: states the identical language as above quot- filed a response herein, and states that at no It will be observed that the state of preg- “If it please the court, gentlemen of the ed, and is the final record in this case. time since the filing of the preliminary infor- nancy or birth of the child is the fact which jury: I am just a hired hand up here working In the trial of the defendant, it appears that mation has the petitioner been within the fixes the responsibility for support upon the for the county of Marshall for the sum of he employed no lawyer, but defended him- jurisdiction of the Court of Common Pleas father, and not the date of conception. Hence $125 a month. You are just working for the self. No exception was taken by him to the of Tulsa County, and therefore said court has the statute is in no sense ex post facto. county the same as I am. It is my duty to closing argument of the county attorney, but been unable to hold a preliminary examina- The next material question argued is that prosecute this defendant. I try to earn my we are of the opinion that the error was fun- tion for the petitioner or to see if he chooses the complaint neither states facts sufficient money and I think I do. You are paid to act damental and deprived the defendant of a to waive such examination. to constitute a cause of action nor sufficient as jurors and it is your duty to enforce the substantial statutory right... The petitioner states that several requests to give the court jurisdiction of the subject- law and to convict criminals like this defen- In passing it may be well to state that the have been made by him to the county attor- matter. With this contention we cannot dant, the same as it is my duty to prosecute other statements made by the county attor- ney of Tulsa County, to expedite the prelim- agree. them. I earn my money and you earn your ney were highly improper. The statement inary hearing and these requests have been * * * money when you convict these defendants. that jurors are paid to enforce the law, and ignored. [The] affidavit discloses that she is a resi- * * * that they earn their money “when you con- The petitioner also states that on January dent of Craig county, that she is the mother “Gentlemen of the jury, it is time to break vict these defendants,” was improper. Jurors 14, 1964 he filed a petition for a writ of of the bastard child, and that J.W. Libby is up this dope ring in this county, and you can who are chosen are there for the purpose of habeas corpus ad prosequendum in the dis- the father of such child; and the affidavit is break it up or you can let it go. The defen- judging the merits of the case with equal jus- trict court of Tulsa County; and, further, that sworn to. This is all that is required to give dant is down there selling dope to the young tice to the state and to the defendant. Their on April 14, 1964 he filed a second petition the court jurisdiction of the subject-matter, men and women of the county and it is up to duty is performed and they have earned their for a writ of habeas corpus ad prosequen- and, though the complaint might have been you to send him to the penitentiary to get rid reward when, after due and careful consider- dum, and that neither of these petitions has made fuller and more explicit, yet it avers all of him. ation, they have returned a verdict of guilty been ruled on by the district court of Tulsa the essential facts necessary to constitute a “Gentlemen of the jury, look at that court- or not guilty, as the law and the facts justify. complaint under this statute, and we think room of crowded people! What do they They should not be informed that they have See OLIO, PAGE 18 www.okcbar.org • July 2014 • BRIEFCASE 5

iBar Definitive Playlists Events PERSONAL INJURY By Chris Deason and Judge Don Deason At 8:30 most Sunday mornings in our home a Seminars WORKERS’ digital device plays Kasey Kasem’s American & AUGUST 21, 2014 COMPENSATION Top 40, the ’70s while I shower. The show is broadcast from radio stations all over the world, Striking Out Hunger Bowling but no longer from Oklahoma. Kasem counts Tournament SOCIAL SECURITY down each week’s most popular songs from the Heritage Lanes Bowling Center, DISABILITY 1970s on stations located in Vermont or 6 p.m. Sacramento and sometimes in Madrid. My initial thought was that Chris intended to torment me SEPTEMBER 12, 2014 with hit singles I had mostly managed to avoid Annual Dinner & Dance for the last 40 years. After months of tolerating Kasem’s tidbits of biography and trivia about Skirvin Hotel Grand Ballroom songs he played and artists whose work he show- OCTOBER 17, 2014 cased I realized we were listening to a form of compressed music history. For about three hours, Aspen 2014 The Deasons Domestic Violence Seminar he confirmed facts about artists that I already OCBA Offices, Noon – 3 p.m. knew and then outlined connections between singers and bands that were unknown to me. None of the information is earth shattering and Kasem’s show is every bit as sac- OCTOBER 23, 2014 charine-soaked as I remember. Much of the music has to be turned down (way down) Oklahoma County Judicial JOHNSON & BISCONE until Kasem’s distinct trademark voice returns with a teaser for the hits that “don’t Candidate Forum WILL GLADLY REVIEW stop ‘til we reach the top.” The Carpenters’ Close To OKC Downtown Library YOUR REFERRALS. You was No. 1 on July 25, 1970. On the upside, The Auditorium, Noon – 1:30 p.m. Who’s Summertime Blues was No. 33 and hopefully OKLAHOMA’S TOP RATED LAWYERS climbing up the chart. I’ve also had to hear Edgar FEBRUARY 7-15, 2015 PERSONAL INJURY Winter’s Frankenstein repeatedly for what seems like Aspen Ski Seminar LEXISNEXIS© MARTINDALE HUBBELL© dozens of consecutive weekends while it was on the 2012, 2013, 2014 charts. Aspen, Colorado One would think the show had become irrelevant MARCH 27-29, 2015 with the onslaught of entertainment news and advent 1-800-426-4563 of the internet. Not so. In 2006 Sirius XM and Bench & Bar Conference 2015 Premiere Networks acquired the rights to broadcast Quartz Mountain Resort 405-232-6490 episodes of AT40 from the 1970s and 1980s. This insures Kasem will continue to have a presence on both terrestrial and satellite radio. Lucky me. JUNE 15, 2015 105 N HUDSON, SUITE 100 The tawdry events surrounding his illness garnered national attention. Annual OCBA Golf Tournament HIGHTOWER BUILDING Announcements of Kasem’s passing last month all concluded with his most notable Gaillardia Golf & Country Club OKLAHOMA CITY, OK 73102 catchphrase, “Keep your feet on the ground and keep reaching for the stars.” On a per- sonal level I’ll always associate Kasem with forcible listening on Sunday mornings to the Captain and Tennille’s Muskrat Love, and smile.

Amber Godfrey: Amber is a graduate of both OSU and OU. While most of us were happy to obtain a single undergraduate degree, Amber doubled up while at Become a OSU and earned a B.S. in 2003 and a B.A. in 2005. Apparently even that wasn’t enough, so she obtained a J.D. from OU College of Law 2008. Amber does not con- sider her loyalties divided between schools. However, she reports spending twice as much money at OU for only half of the education. Her husband Stuart works with Paralegal developmental delayed kiddos for the State of Oklahoma. Together they have a daughter, Ireland, and three “fur-children.” They happily have another child (fur-less) on the way! Amber works at The Tucker Law Firm in Edmond practicing family law, where she bites her tongue with many clients and enjoys the occasional “atta-girl” Enroll in the University of Oklahoma with others. She especially enjoys that field of practice and hopes to continue in it for years to come – assuming she will have a tongue left with which to argue. Legal Assistant Education Program. Song Title Artist Valerie Amy Winehouse Enrollment deadline: August 18, 2014 Dream a Little Dream of Me Mama Cass Bewitched, Bothered, and Bewildered Ella Fitzgerald Crazy for You Adele • No Prepayment Contracts We’re Going to be Friends The White Stripes Stand by Me Ben E. King • Approved by the American Bar Association California Love (Guilty Pleasure) 2pac • Saturday Classes

Collin Walke: Collin graduated from OCU School of Law in 2008, magna cum laude. We wonder why he didn’t try a little harder. He has settled in with Mulinix University of Oklahoma Law Center Ogden Hall & Ludlam where he practices primarily in the areas of business litigation, Department of Legal Assistant Education family law, and estate planning. Of some importance is the fact that Collin is current- ly running for the State House of Representatives. When he isn’t practicing law or 300 Timberdell Road, Room 3014, Norman, Oklahoma 73019 campaigning, he can be found at a coffee shop with his wife, Lori. Song Title Artist For more information: Turtles All The Way Down Sturgill Simpson Atlantic City (live from Madison Square Garden) Bruce Springsteen (405) 325-1726 or [email protected] Counting Autre Ne Veut Pierrot The Clown Placebo Ways To Go Grouplove Department of Legal Assistant Education I and Love and You The Avett Brothers Just Give Me A Reason (guilty pleasure) Pink OU Law Center 6 BRIEFCASE • July 2014

OU College of Law News OU Law Students Host “Objecting to Cancer” Fundraiser Inspired by one of their classmates who is battling breast cancer for the third time, first year summer law stu- dents at The University of Oklahoma College of Law kicked off its commitment to public service by raising money for The Stephenson Cancer Center. 1LS student Kelsi Moore, is currently going through chemotherapy. She is two-time breast cancer survivor. “Cancer affects many people in some way at some point in life, whether it be a personal diagnosis or the diagnosis of a family member,” says Moore. “As a class we felt like it would be a great cause to support since it’s so relatable.” The idea for the fundraiser started when Legal Methods Professor Connie Smothermon encouraged her students to raise money for an organization of their choice. “We are committed to our responsibility to help the community,” says Smotherman, “and we are pleased to be able to spon- sor a fundraiser for The Stephenson Cancer Center.” Moore’s classmate Leann Farha said the choice was easy. “We have been inspired by her perseverance, and we wanted to find a way to contribute to her fight.” The Stephenson Cancer Center, located at the Oklahoma Health Sciences Center Campus in Oklahoma City, works to improve and extend the lives of cancer patients. The funds raised will be used by the cancer cen- ter to help patients with unexpected and burdensome expenses.

Work Life Balance Ideally, You Want Both: A Low Resting Heart Rate, and High Cardio Fitness

By Warren E. Jones of at least two readings that are NOT more RHRs. risk (that is, more than twice as much); and In a recent issue of Mayo Clinic than five millimeters of mercury (mm Hg) What were the findings? First, before we the fit with the high RHR had a 50 percent Proceedings, researchers from the Aerobics apart. For example, if your first reading is discuss the relationships about which the greater risk. Yes, that’s right. Those who Center for Longitudinal Studies (commonly 140/25, and your second reading is 136/25, researchers hypothesized, let me just tell you were “fit” but with a high RHR had a much merely called The Cooper Clinic) reported don’t average those two: keep taking addi- (no surprise here, probably) that the partici- greater risk than those “fit” with a low RHR. their findings when they assessed the rela- tional readings until at least two are within pants with an RHR of less than sixty had the And the relationship of RHR and CVD tionship between resting five mm Hg apart. It seems highest level of PA, and the lowest level of mortality with fitness thrown in? The unfit heart rate (RHR) and car- to me that if you can get HTN, diabetes, and high cholesterol... as and high RHR group had a 2.34 times diovascular disease (CVD) multiple readings within compared to each of the remaining RHR greater risk (yes, more than twice as much) mortality, and the relation- the five mm Hg difference, groups, even the ones with an RHR of 60- of CVD mortality compared with the fit and ship between RHR and all the more likely you are to 69. low RHR group. The fit and high RHR cause mortality (e.g., can- getting an accurate BP The findings: individuals with higher group was a 1.73 times higher risk, and the cers, kidney disease, lung (and therefore HTN) RHRs had greater risk of CVD mortality. unfit and low RHR was at 1.48 times higher diseases, etc.). They result. Individuals with higher RHRs had greater risk for CVD mortality. hypothesized, of course, The researchers divided risk of all cause mortality. The relationship You may have already gleaned this dis- that a low RHR would be the participants in the was “positive” and “linear.” That is, at ever concerting finding: even though low RHR protective in both cases. study (men AND women... increasing RHRs were ever increasing risks and high CRF significantly reduce all cause In addition, they studied more than 50,000 partici- of mortality from CVD and all causes. mortality and CVD mortality, high CRF those relationships in “fit” pants) into four RHR cate- How about the relationship of RHR and does not completely eliminate the negative and “unfit” persons. They gories: 1) less than 60 mortality when we throw HTN into the pic- side effects of high RHR on mortality. If that ture? For those with HTN and an RHR at 80 finally studied those rela- beats per minute; 2) 60-69; describes YOU, I recommend you increase 3) 70-79; 4) 80 or more. or above, there was a 52 percent greater risk tionships in study partici- the frequency and/or the duration and/or the Warren Jones All the findings were of CVD mortality compared to those with an pants with and without intensity of your aerobic exercise. Your “controlled” (I’ll explain what that means in RHR of less than 60 but who, nonetheless, high blood pressure (hypertension) (HTN). doing so will have the effect of INCREAS- a minute) for all of the following: age, sex, had HTN. For those with HTN and an RHR If you want to see what YOUR RHR is, be ING your CRF and DECREASING your body mass index, smoking status, alcohol at 80 or above, there was a 38 percent RHR. sure to follow the protocol the Cooper use, physical activity (PA), parental CVD, greater risk of all cause mortality vs. those researchers did. Measure your RHR only diabetes, BP, high cholesterol, and car- with HTN but a low RHR. after five minutes of recumbent (lying on diorespiratory fitness (CRF). That is, the How about the relationship of RHR and Warren E. Jones, JD, HFS, CSCS, CEQ, is an your back) rest. researchers compared apples with apples (on all cause mortality when we throw CRF (fit- American College of Sports Medicine (ACSM) Likewise, if you want to see if you have all those possible confounders) among par- ness) into the picture? Using the “fit AND Health Fitness Specialist, a National Strength HTN, take your blood pressure only after ticipants with different RHR. So, for exam- low RHR” group as the reference group (the and Conditioning Association Certified Strength five minutes of rest in a seated position, with ple, Harry and Bob are both 45 years old, group against which the other groups were and Conditioning Specialist, and a holder of an your back supported and your feet flat on the ACSM Certificate of Enhanced Qualification. have an identical BMI, smoking status, alco- compared), the unfit but with a low RHR His clients range from competitive athletes to the floor. Take at least two BP readings (3 or 4 hol consumption, PA, and everything else, had a 48 percent increased risk; the unfit morbidly obese. He can be reached at or more is acceptable), and take the average but they differ ONLY in their respective with the high RHR had a 221 percent greater [email protected] or at 405-812-7612. www.okcbar.org • July 2014 • BRIEFCASE 7 Effective Mediation Statements — A Lost Opportunity for Advocacy

By Joe Paulk attacks or lingering on unsavory personal supportive fashion. review the statement before sending President, Dispute Resolution observations of the parties. This • When embroiled in a contractual dis- to the opponent if they have an ongo- Consultants approach makes the issue about the peo- pute, attaching the entire contract ing relationship. The typical mediation statement is ple, not problem solving. From the medi- where only a small part is at issue can • Send your mediation statement to the written trying to convince the mediator ator’s perspective it is usually unhelpful, overwhelm and confuse the decision opposing side two weeks before the of the correctness of one side’s position. and from the opposing parties perspec- maker and sometimes the mediator as session is to take place. If there are Lost opportunity. After reviewing over tive likely offensive. to the actual issues in controversy. discrepancies of information causing 10,000 mediation/position statements While some points are unpleasant for • If crucial issues of case law or reconsideration of past positions, over 22 years it seems the composition of the other party too, it can be done in a statutes need to be discussed, put the then this can be undertaken before the the statements is now often treated as a way that is neither abusive nor rude. Be information as often as possible in a session. routine, if not painful task. factual and draw conclusions, but most of footnote and do not feel it necessary A mediator may need additional infor- Too many submissions are simply a all be practical. If there are problems, to put it in the body of the position mation before the session other than what recycling of a report to a client or cut and identify them and recognize they are con- paper. was included in the mediation statement. paste of a pleading. Drafting mediation sidered in your client’s analysis of the • Admit your case weaknesses... it is A pre-meditation conference by phone statements with due respect to who will entirety of the dispute. Sometimes seek- refreshing and allows the other side can be extremely useful to assist the be the true decision maker is critical. The ing input from your client in a matter can to know they are considered in your mediator with issues that are better not unique opportunity to address the deci- assist the manner of presentation of the analysis. Acknowledge that a risk put in writing. Separate email or letter sion maker on the other side of a dispute issues. assessment on those troubling issues only to the mediator are also common. A is therefore lost forever. Some considerations to remember has been conducted prior to the medi- joint pre-mediation conference with just With the virtual elimination of joint when drafting a mediation statement are: ation. the attorneys present is often productive sessions, the use of the mediation/posi- • Who is the decision maker and what • Offer an apology, if appropriate. It is and streamlines the actual mediation with tion paper is usually the only unfiltered is their background? powerful and cannot be used in trial the clients in attendance. way to “communicate” to the other party • What issues do I believe the other or subsequent pleadings. The days of not exchanging the media- directly. Embrace the opportunity to put party is NOT considering? • Emphasize the benefits of a resolu- tion statements should stop. They are forth a truly persuasive, informative, well • How do I communicate my position tion to both sides of the dispute. useful and powerful tools. A properly written and enlightening analysis of your without writing like a lawyer submit- • Include “official” prior settlement written position/mediation statement position in the dispute. If done correctly, ting a brief? discussions. exchanged with your opponent will it can be both constructive and effective • In addition to identifying contested • Reaffirm your willingness to listen enhance your credibility with all con- in assisting your client in obtaining their issues in the dispute, it is often useful and appreciate the complexity of the cerned including your own client. It goals in the dispute. If done poorly, it to define the points of agreement. dispute. should be thoughtful, respectful and speaks to the core of your ability to com- • Of those issues still in disagreement, • Keep it short — statements over 10 appropriate for the decision maker. municate the correctness of your client’s define the positions of both sides and pages, even if well written, are less If these suggestions are utilized, the position. why you believe you have the better effective. chances of a successful resolution for In the actual statement, avoid personal side of the issue in a factual/legal • It is advisable to have your client your client are tremendously enhanced. 8 BRIEFCASE • July 2014 Lawyers for Learning Helping Kids Learn to Read

By Lori D. Fagan Being a reading buddy for a 2nd or 3rd grader who is struggling with reading is an incredibly rewarding experience. I have been fortunate enough to have this experience the past two years with the Lawyers for Learning Committee. No matter how my day was going, after my hour as a reading buddy, my day would be better. My student would always be so excited that I was there, and the look on his face when he was able to sound out a particularly difficult word filled me with joy. By joining the Lawyers for Learning Committee, you, too, can have this expe- rience. The Lawyers for Learning Committee has been in existence for two years. We have been reading buddies at two Oklahoma City Public Schools – Adams Elementary and Lee Elementary. Next year, the committee will be taking over coordinating the readers who have been going to Rockwood Elementary. Adams Elementary is located at 3416 S.W. 37th; the majority of the students are Hispanic, and nearly 99 percent of the students are on free/reduced lunch. In the spring of 2013, only 47 percent of the 3rd graders scored satisfactory or above in reading. Lee Elementary is located at 424 S.W. 29th; the majority of the students are Hispanic, and approximately 95 percent free/reduced lunch. In the spring of 2013, and the benefits are endless. You can join same time, every other week for an hour of the students are on free/reduced lunch. only 25 percent of the 3rd graders scored the Lawyers for Learning Committee any and help a 2nd grader who is struggling In the spring of 2013, only 53 percent of satisfactory or above in reading. time. To become a reading buddy, you with reading, learn to read. Your contri- the 3rd graders scored satisfactory or As you can see, these schools definite- just have to fill out a form, have a back- bution of a small amount of your time above in reading. Rockwood Elementary ly need reading buddies, and the Lawyers ground check completed by Oklahoma makes a HUGE impact in a child’s life. is located at 3101 S.W. 24th; the majori- for Learning Committee NEEDS YOU to City Public Schools, and complete some Don’t put it off. Join the Lawyers For ty of the students are Hispanic, and 100 become a reading buddy. It is simple to simple training. As a reading buddy, you Learning committee today by calling percent of the students are on join; it is simple to be a reading buddy; go to your school on the same day, at the 236-8421!

Book Notes By Bill Gorden going to school, backpacks, lunch boxes, a blanket for nap ly and colored. They are very busy but very appropriate to a Time for the semi-annual kids books roundup, the back- time, as the pre-requisites for going to school. The Principal dog/ball story. to-school edition. on multiple occasions puts him right, lists the things a pig might do wrong in school, and shows him the door. Journey Charlie Goes to School Eventually he gets to the point with the Principal, Aaron Becker, telling him that he really wants to learn, and specifi- Ree Drummond, Illustrated by Candlewick Press, cally to read a book. The Principal takes his pledge to Diane deGroat, Harper, 2013, 2013, Hardcover, heart, and Rufus is in business, learning at school. Hardback, $17.99 The ink and watercolor drawings are soft and under- 40 pages, $15.99 stated, the message clear, and surprisingly on point, Charlie is a dog, perhaps a summed up in Rufus’ love of books, because they give This lavishly basset, perhaps a beagle. Local him room to dream. illustrated piece is author Drummond has him “help- beautiful. A bored ing” around the ranch, when he Ball girl, ignored by takes a yen to go to school. In this case, the twist is busy siblings and adults, (all in grays), takes Mary Sullivan, Houghton Mifflin Harcourt Books for that the school is a home school. Charlie likes the idea, and out a red crayon and draws a door on her bedroom wall, and during recess starts his own school among the farm animals. Children 2013, Hardcover, $12.99 slips through it to amazing adventures. She goes through a Predictable chaos ends in everyone taking a nap. The magnificent park, all in greens, to a beautiful and intricate illustrations are watercolor over digital art, something The credits for the book say: “Word and Pictures by Mary castle, with M.C. Escher-like water paths. She tumbles from increasingly common. They are very involved, but not too Sullivan.” There is only one word, Ball. Because that is one off the side, but not to worry, she has a crayon and busy, more dynamic than anything. The main character is what dogs think and dream about. Ball. And their little girl draws a hot air balloon in which to escape. She’s captured pretty loveable. owners understand this. Multiple illustrations indicate by air pirates, but escapes on a magic carpet drawn by cray- almost every possible placement and use of a ball with a on. This brings her home, or something like it, where she Rufus Goes to School dog, to the clear enjoyment of both girl and dog. She goes meets a boy with a blue crayon, they each draw a wheel to Kim T. Griswell, Illustrated by Valeri Gorbachev Sterling off to school, dog naps, dreams of: Ball. Then the cycle a bicycle, and off they go. The adventure is not ended, but Children’s Books, 2013, Hardcover, 33 Pages, $14.95 begins to repeat. This is a great book for a house with kids the book is. There are no words in the book, but the draw- and dogs. It rings true. The only ones who are too busy to ings might be inclined to slightly older youngsters. This book details the travails of Rufus, a Pig who wants get the message are the older siblings and adults. Read to your kids, grandkids, or any that stand still for a to learn to read. Early on, he mistakes the accoutrements of Illustrations are pencil on Strathmore paper, scanned digital- while. www.okcbar.org • July 2014 • BRIEFCASE 9

Ergo by Inwood Office Furniture

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210 Park Avenue, Suite 220 • Oklahoma City, OK 73102 (405) 235-4800 Call for reserved parking at East City Center Garage. Enter at the corner of Park and Harvey to use our reserved parking. Visa, Mastercard, American Express & Discover 10 BRIEFCASE • July 2014

This year’s Annual Golf Tournament was held on Monday, OCBA Golf Tournament at Gaillardia June 23, at Gaillardia Golf & Country Club. Orchestrated by Gary Chilton, the tournament’s 97 golfers enjoyed the afternoon of golf and tall tales. Due to the large number of players, there were three flights and the first A Real Hit! and second place winners were: Phil Mickelson Flight

1st Place Low Gross – Derek Burch, Brett Burch, Kirk Olson & Joe White 2nd Place Low Gross – Gary Chilton, Don Easter, Tim DeGiusti & Michael McClintok

1st Place Low Net – Mark McAlester, Brion Hitt, Todd Ward & Mike McMillin 2nd Place Low Net – Clay Hasbrook, Mike Fagin, Howard Berry III, HK Berry & David Hasbrook Bubba Watson Flight

1st Place Low Gross – Derek Chance, Greg Mitchell, David Ogle & Ed Blau 2nd Place Low Gross – Lance Phillips, Joel Porter, Michael Johnson & Ken Watson

1st Place Low Net – Jeff Loy, Jim Larimore, David Donchin & Andy Gunn 2nd Place Low Net – Terry Tippens, Greg Castro, Nick Merkley & Lincoln McElroy www.okcbar.org • July 2014 • BRIEFCASE 11

Charles Barkley Flight

1st Place Low Gross – Blaine Schwabe, Leo Portman, Patrick Wyrick & David Kearney 2nd Place Low Gross – Spencer Smith, Thomas Morrato, Reagan Bradford & Ben Russ

1st Place Low Net – Kari Hawthorne, Sean Snider, Byron Knox, Dan Melynk & Matt Dobson 2nd Place Low Net –Mike Betts, Matt Felty, Mark Engel & Steve Mansell Special Contest Winners Straightest Drive - Patrick Wyrick Closest to the Pin #9 - Derek Chance Closest to the Pin #13 - Joe White Longest Drive - Patrick Wyrick Longest Putt - Brett Burch Other Participating Teams Special Thanks to our Golf Sponsors:

John Barbush, Vicki Robertson, Jay Chance Pearson, Michael Whaley, Juston Givens, Josh Blair, Drew Mildren Mitchell Rozin, Phil Watts, Scott Suchy Andrews Davis, Atkins & McCown & Mike Stewart Jason Ryan & Phillip Whaley & Robert O’Bannon & Ken Felker Markoff, BancFirst, Steve Barghols, Mediator, Bass Law Firm, Bentley Hedges Travel, Burch George & Germany, Christensen Law Group, Conner & Winters, Corbyn & Hampton, Crowe & Dunlevy, Dobson Technologies, Durbin Larimore & Bialick, Fellers Snider, FindLaw, Gable Gotwals, Hall Estill, Gary Higginbotham, Justin Lowe, Doyle Argo, Bana Roberts, Robert Chris Box, Kevin Krahl, Steve Tim Henderson, Charlie Swinton, Kevin Hartzog Conger Cason & Michael Scheitzach & Scott Anderson Bacharach & Gary Purcell Huddleston & Billy Bock McCray & Roe Simmons Neville, Holladay & Chilton, Journal Record Publishing, Kirk and Chaney, Legal Graphics, Mansell Engle & Cole, McAfee & Taft, Steve Meador & Associates, Miller Dollarhide, Mitchell & Hammond, Mulinix Ogden Hall & Ludlam, Phillips Murrah, Ricoh Legal, Rimkus Consulting Group, Inc., Scott’s Printing & Copying, Bill Warren Office Jon Barr, Cody Gayer, Randy Sewell & Tyler Barrett, Andrea Rust, Patrick Lane Brent Dishman, Kent Johnson, Nick Geren Steiner, Allen Hutson, Zane Products, White & Weddle Michael O’Rear & Kevin Burnett Rouse & Lewis Craft Anderson & Brandee Bruening 12 BRIEFCASE • July 2014 www.okcbar.org • July 2014 • BRIEFCASE 13

Bar Observer ERISA Attorney Brandon law office in Iowa and as an assistant reg- reviews for companies that includes an ration of and filing U.S. and foreign patent Long Elected to Board of istrar at an art museum in Georgia. She has analysis of work place policies and proce- applications, trademark applications, a bachelor’s degree in history from dures, identifying areas of exposure for patent and trademark responses, renewals Directors of SouthWest Wofford College and a Master of Arts in potential litigation, and offering solutions and copyright applications; handling main- Benefits Association public history from Appalachian State that not only ensure compliance, but also tenance fee payments for U.S. patents and University. the adoption of better corporate practices. annuities for foreign patents and applica- Brandon Long, a shareholder and Pacheco is a recipient of the Frank & Ms. Vermeire’s practice also involves tions; coordinating and preparing docu- ERISA attorney with the law firm of Edna Asper-Elkouri Scholarship and is a issues related to Privacy and First ments for intellectual property litigation in McAfee & Taft, has been elected to serve a member of the Sports and Entertainment Amendment matters as well as both federal court and the U.S. Patent and three-year term on the board of directors of Law Society. His professional experience Government Relations and representing Trademark Office; and handling research Southwest Benefits Association. Founded includes serving as a swim instructor and clients with policy makers in order to nego- projects relating to all aspects of intellectu- in 1975 and based in Dallas, TX, SWBA is lifeguard for the Recreational Fitness tiate compromises that are best for all par- al property law. the region’s premier industry organization Center and as a resident assistant for ties. Dalbom holds a bachelor’s degree in for benefits professionals. Housing and Residential Life at California The honorees were chosen through a communications from Lamar University in In addition to concentrating his practice State University and interning for two-pronged process. The selection com- Beaumont, TX, and is a graduate of on qualified retirement plans, health and Assemblymen Paul Cook and Mike mittee spent months reviewing nomina- Southwestern Paralegal Institute in welfare plans, and executive compensation Morrell. He has a bachelor’s degree in tions and researching bar association publi- Houston, TX. She is also a certified short- matters, Long oversees one of the nation’s political science from California State cations and legal blogs in order to identify hand reporter. largest and most experienced teams of University, where he graduated with promising candidates. Nominations from employee benefits lawyers as leader of department honors and was on the Dean’s mentors, peers, and colleagues were McAfee & Taft’s Employee Benefits and List. accepted. The selection committee also The University of Oklahoma Executive Compensation Group. The Minority Scholars Program scholar- made editorial picks of attorneys who had Law Center Opens Enrollment ships may be renewed for a recipient in noteworthy accomplishments, especially for Fall Paralegal Program Crowe & Dunlevy Awards each of the two remaining years of law those active in legal pipeline initiatives. school, based on satisfactory progress and Lawyers of Color was initially founded The University of Oklahoma Department $8,000 in Minority performance. Crowe & Dunlevy plans to as On Being A Black Lawyer but now also of Legal Assistant Education at is gearing Scholarships to award scholarships each year, resulting in produces publications for lawyers of South up for its fall program. The enrollment OU Law Students multiple recipients simultaneously receiv- Asian American, Pacific Asian American, deadline for new students is August 18. ing assistance from the program. Hispanic, and Native American heritage. The two-year program is designed to Crowe & Dunlevy has selected two first- LOC has been recognized by the American prepare students for careers in law firms as year University of Oklahoma College of Diana Vermeire Named to Bar Association, National Black Law well as private, corporate and government Law students as the 2014 Minority Lawyers of Color’s Students Association, and National law-related businesses. It teaches the skills necessary to perform a variety of law-relat- Scholars Program scholarship recipients in 2014 Hot List Association of Black Journalists. LOC pro- the amount of $4,000 each. vides research, career development, and ed tasks, including legal research and draft- Caitlin A. Buxton and Marcus David Diana Vermeire, an Of Counsel attor- brand marketing opportunities to clients. ing legal documents. Alexander Pacheco recently accepted the ney with GableGotwals has been named to With a core readership of 35,000, nearly Classes are offered on Saturdays in order scholarships at an OU College of Law Lawyers of Color’s Second Annual Hot 200,000 unique blog visitors, and nearly to allow students to continue working reception. The Minority Scholars Program List, which recognizes early- to mid-career 4,000 followers and fans, LOC has the while studying for their certificate which is at Crowe & Dunlevy provides assistance minority attorneys working as in-house largest social media presence of any minor- approved by the American Bar for minority students who qualify based on counsel, government attorneys, and law ity legal organization. Association. academic achievement, financial need and firm associates and partners. If you are interested in finding out more, commitment to the law. Ms. Vermeire is an attorney with exten- Paralegal Tammy Dalbom the Department of Legal Assistant Buxton is involved in the Organization sive experience in the corporate and non- Joins McAfee & Taft Education is hosting a FREE Legal for the Advancement of Women in Law, the profit sectors. Her practice includes state Assistant Seminar Saturday, August 16th Public Interest Law Student Association, and federal litigation; administrative, regu- Tammy M. Dalbom, a veteran paralegal from 9 am to 11:30 am. It will be held at the Phi Alpha Delta Law Fraternity and the latory and legislative advocacy; policy whose legal career has spanned more than The University of Oklahoma Law Center Art & Cultural Heritage Law Student analysis and management for a diverse 30 years, has joined McAfee & Taft, pro- located at 300 Timberdell Road in Norman. Association. She has professional experi- client group. Ms. Vermeire has experience viding support to the firm’s Intellectual For more information or an application, ence volunteering at the Cleveland County representing clients in the area of compli- Property lawyers. call (405) 325-1726 or visit www.law.ou. Courthouse, serving as a legal intern for a ance review and providing external Dalbom’s responsibilities include prepa- edu/lae.

Old News Excerpts from OCBA News: Houston. All non-verbal communication (mood, accent, etc.) that can subtley (sic), April, 1973, Part 2 yet significantly, affect the outcome of a trial is presently lost to the appellate Video Replay of Trials courts. Based upon observation of video- for Appellate Courts is tape “records” six of the present Luncheon Topic Oklahoma Supreme Court Justices have expressed the view that the availability of By George Davis videotape recordings would be helpful to Winfrey E. Houston, a practicing attor- appellate judges. Videotape appears to ney from Stillwater, Oklahoma, will high- make a more lasting impression on a light the April 19, OCBA Noon Luncheon viewer than a written transcript and such to be held at the Imperial Ball Room of factors as speed of preparation of the the Skirvin Hotel. His topic will concern record for appellate review and indirect the advantages of using mechanical restraint of unruly defendants are also recording devices in conjunction with a cited as advantages of video recordation. court reporter to update and streamline the Mr. Houston was president of the appeals process. The speaker co-authored Oklahoma Bar Association in 1969. He an article in the February, 1973 American received his B.A. degree from Oklahoma Bar Association Journal on this same sub- State University and his J.D. degree from ject. the University of Oklahoma College of There are several major problems faced Law in 1950. From 1968 to 1970 he by appellate courts that would render a served in the House of Delegates of the video replay beneficial according to Mr. American Bar Association. 14 BRIEFCASE • July 2014

Stump Roscoe

By Roscoe X. Pound Criminal Appeals considered the issue My family and friends sat together like was under control I went back out to the I want to thank all the OCBA members from an “ineffective assistance of coun- circled wagons. Mom was there, of waiting room. Joe Innocente and the who emailed statements of concern after sel” perspective. It recognized that “The course. So were Chips and Rae. The Hoboken cop Seery had also shown up. last month’s issue. I really appreciate [Smith v.]Robbins Court [SCOTUS} stricken looks on their faces as I Innocente reached me first. that, and I’ll update you in just a sec. emphasized that even though appellate approached confirmed that I probably “Anything you’d like to share with First, mea culpa. I was wr____, I was attorneys are not required to raise every looked like a Lovecraftian horror. your friendly local constabulary?” he wr___, I was imperfectly correct last arguable issue or every possible “non- Distantly, I heard some things Father asked. month when I cited Jones v. Barnes, 463 frivolous claim” (not even those specifi- Auggie said. “She’s gonna be alright”; I handed him the snake which I just P.3d 455, 451-52 (1982). Thanks to those cally requested by the defendant) — and “under control”; “antivenin”. Chips realized I still held. “He did it,” I said. eagle-eyed readers who pointed out that are expected to select the claims most stood. I thought he wanted to offer me a “Fine,” Joe replied, ”but who’d he the citation should have been “U.S.,” not likely to succeed on appeal — “it is still seat. His attention went directly to the work for?” “P.3d.” I expect visits from the ghosts of possible to bring a Strickland claim based snake. “Good question,” I said. “A copperhead. Good.” Marian Opala, Edward Re, and Ruggero on [appellate] counsel’s failure to raise a “Goddammit Roscoe!” he exclaimed. particular claim.” Id. at 288, 120 S.Ct. at I broke stride, looking at him like he Aldisert some night after the clock tolls I walked over to where my people sat. 765 (citing Jones v. Barnes, 463 U.S. was the eldritch creature. In a moment, one. OK, Judge Aldisert’s still alive at 95 Seery moved as if to check me but the 745, 103 S.Ct. 3308, 77 L.Ed.2d 987 his computer like brain caught up with and, as far as I know, still active on sen- Captain warned him off. “You sure this ior status, God bless him. So, I guess (1983)). The Robbins Court also recog- his mouth. He turned white. “What I mean is that of all possible snakes, a cop- guy’s on our side?” I heard him ask. Fair he’d have to have an out-of-body experi- nized that the relative merit of the omit- ted issue(s) - in relation to any appealed perhead is one of the least venomous.” question. Sometimes I wonder myself. ence or something. Hey, I’ve invoked issues - must be evaluated in order to “I’ll thank whoever sent it,” I said. “So what do we do to find these guys?” him enough times it just might happen. determine whether appellate counsel’s A nurse buzzed me in. Another led me my dad asked. Second, I said I’d have more to say performance was adequate.” Logan v. to a curtained-off partition where Penny “There is no we here, Pop. You take about narrowing appellate issues. To the State, 2013 OK CR 2, 8, 293 P.3d 969. lay. Her right hand and arm were black- care of Mom while she takes care of faint of heart who dare not drop weak The Court then recognized qualitative ened and ropes and blotches of black Penny. I’ll take care of the rest of it.” arguments lest their client sue or file a poles (failure to raise “dead bang win- wound around her arms. Between her Father Auggie must’ve felt like Henry bar complaint, I have two things to say. ners” on the one hand v. “clearly merit- pallor and the white sheets and pillow- Kissinger shuttling between the cops and Emblazon this in red, followed by excla- less” on the other). In between, the analy- cases, her red hair blazed. She smiled my old man. My daughter and son mation points (it’ll never be emphatic sis becomes more difficult: “‘Generally, weakly and raised her hand a little. I took showed up with Penny’s mom and sister. enough): YOU WRITE TO PERSUADE only when ignored issues are clearly it. She felt cold. I turned from Dad to give them a sit rep. THE COURT AND, POSSIBLY, ITS stronger than those presented, will the “Nice arm,” I said. Chips and Rae came over to me, Rae CLERKS. YOU DO NOT WRITE TO presumption of effective assistance of She said softly: “Rae already men- piloting him my way. She urged him to IMPRESS OR ENTERTAIN YOUR counsel be overcome.’ The Tenth Circuit tioned what a swell tat it would make. speak. CLIENT. Also, the “attorney judgment” Court of Appeals has likewise stated: ‘If She took a picture and said she’d hook “Listen, Mr. Pound, you’re like two of rule holds that attorneys do not breach the omitted issue has merit, but is not so me up with someone named Germ. All my favorite flicks. The brains of the guy their duty to clients, as a matter of law, compelling, the case for deficient per- the attention I’ve gotten around here’s in A Beautiful Mind and the social skills by making informed strategic choices. formance is more complicated, requiring almost more than a simple schoolmarm of Rain Man. Professional decisions, such as which an assessment of the issue relative to the can take. Who do I have to thank?” “I just wanted you to know I’ve down- issues to keep or discard fall within the rest of the appeal, and deferential consid- “Mostly me,” I replied. purview of the rule. In Manley v. Brown, loaded crimes involving the use of eration must be given to any professional “Someone’s given you a warning to snakes, from the Synanon case in the 1999 OK 79, 989 P.2d 448. former clients back off from someone or something.” judgment involved in its omission.’” 1970s to last year in Buhl, Idaho,” sued attorneys for “substandard perform- 2013 OK CR 2 at 13 (citations omitted). “Yeah.” “Idaho,” I said. ance” at trial and on appeal. As to the lat- Now let me catch you up. “And you’re going to disabuse that “Yes. In 2013 a snake was placed in the ter, clients asserted failure to raise a We arrived at Meadowlands. I had Jeff someone of that notion.” mailbox of a woman who won a personal defense which the trial court rejected on pull right up to the ER door and hopped “I dunno,” I said. injury judgment against a church called a pre-trial motion. Affirming the trial out before he came to a complete stop. I She narrowed her eyes. “You will. Or court’s grant of summary judgment for must have made some picture. One old else I’ll be reminding you why they “St. Michael’s of the Lily.” Interestingly, the defendants, the Supreme Court ruled gent I passed shoved his wife behind him called me ‘Penny Dreadful’ back in high in 2009 a journalist doing a story on that that an attorney “cannot be declared neg- and brandished his cane defensively. An school.” same church died of snake bite.” ligent in having failed to press on appeal off-duty cop working security dropped I smiled at that. “You were the only He handed me his IPAD. It showed the arguments that lie in an arena of unsettled his hand to his sidearm. I don’t blame member of the Spirit Squad at Our logo of the church, a shield with a cross law or in making substandard strategy them. I came in at a run sweating buckets Lady’s whose cheers carried an under- formed by an inverted sword. A white lily choices. Failure repeatedly to advocate a despite the outside chill, my own piece tone of ‘Go team, or else.’” snaked around the blade. A flame hov- questionable theory of defense rejected visible, carrying a snake in plastic bag “You catch the bad guys while I catch ered above it and, below, three drops of earlier at nisi prius does not constitute a from off of Jeff’s floorboard. Probably some Z’s,” she said. blood. lawyer’s breach of due care.” lucky Father Auggie intercepted me I kissed her gently. After a brief chat “Klan?” I asked. More recently, the Oklahoma Court of before I caused a general panic. with the ER doc to make sure everything “Nazis,” he replied.

PROFILES from PAGE 2 dorm at OCU and announced that he was Parr. They are blessed with three sons, Jeff, local bar can readily attest. No greater com- handing down to his grandchildren who like leaving his job as bailiff for Judge Jack Parr Gary and Tom. Tom came to practice with us pliment can be made to an attorney’s ability nothing better than to enter events with their and a replacement was needed. The main in 2001. than to have several matters referred to you Grandpa. In fact, you can thank his grand- qualification was that the individual would His first job as an attorney was for by fellow lawyers. Eddie frequently receives children (seven of which are girls) for the have to know how to type!!! No judge was Clarence Green and Mickey James, two out- these phone calls. “mellowing” of Eddie. Yes, I did use “mel- more of a stickler for proper procedure than standing attorneys who practiced defense He is a consummate small office practi- lowing,” as they have helped bring out his... Judge Parr. law. He then went to work for O.A. Buck tioner who has handled cases of every legal sensitive side, a side that was always there. Eddie got the position as Bailiff for Judge Cargill, Jr., where he practiced until 1976. type and magnitude. Like most good attor- He has silently been a long time loyal sup- Parr and it was through that experience that In 1977 we opened our law practice as neys, the half a dozen or so cases in which porter of the Red Andrews’ Christmas he decided to go to law school. He applied Goldman and Goldman and rented office an unfavorable decision was rendered has Dinner and has involved his entire family in and was accepted to OCU Law School. He space from two future District Court Judges, stayed with him more so than the thousands that endeavor, contributing to its success. went to law school at night and worked for Leamon Freeman and Richard Freeman of cases in which he was successful. I guess Judge Parr until passing the bar in 1971. (who were not, contrary to popular belief, the judges weren’t always perfect! So, from here on out, don’t worry if you Eddie married Susan, a Jersey girl, and brothers). Both the Freemans were able Eddie has been a long time physical fit- accidentally call me Eddie, instead of uprooted her to Oklahoma City and they attorneys with great skill and tremendous ness advocate although his skills in basket- Robert, as we pass in the Courthouse halls. gradually adopted Oklahoma as their own. wit. ball will not be embellished by me, as some I’ll just take that as a compliment. Susan worked in the OKC Public Schools Eddie has always been an extremely writers have done in open Briefcase articles. And, for those of you who wish he would teaching special needs children while Eddie skilled and prepared attorney and a tremen- He has participated in several triathlons and ease up a little, well, you can blame that typ- was going to school and working with Judge dous advocate for his clients to which the individual events. It is a passion that he is ing teacher back in Bayonne High School. www.okcbar.org • July 2014 • BRIEFCASE 15 The French Connection Bastille Day and the Fourth of July

By Justin Hiersche I do not know what has always fasci- nated me about Bastille Day. I have no connection with the French. I am not of French descent. I am an American who revels in the history of our country and the absolute wisdom of our founding fathers in creating this great experiment in democracy. I even named my daughter America (okay, her middle name, but that was my wife’s mandate). The decision to name my daughter after the country, the ideals of which I am so proud of, was made long before I found out I was going to be a father. But as a student of history, the more I learned about Bastille Day and the French Revolution, the more intrigued I became with this similar holi- day celebrated by our democratic neigh- bors. The French celebrate Bastille Day in France annually on July 14. The Bastille was a prison in located in Paris where many political prisoners were held under the reign of Louis XVI. The Bastille sym- bolized the harsh rule under the Bourbon Monarchy. Louis the XVI, although hated by many of his constituents, was a proponent of the American Revolution. France was the first sovereign nation to recognize the North American colonies as one sovereign nation and signed a mil- itary alliance with the colonists and waged war against Britain. Many schol- ars believe that this was a move not so much out of the respect for the colonists of the new world, but rather to weaken Parisians storming the Bastille. Great Britain and repay the Crown of Britain for the defeat in the Seven Years Its many prison cells were reserved only course of human events…” Many of the stanzas to their national anthem War. The enormous debt that was for the most upper-class of felons, politi- very principles held by Rousseau were Let’s go children of the fatherland, incurred by the French monarchy during cal trouble-makers and spies. embedded within the Bill of Rights. The the day of glory has arrived! Against the Seven Years War and the aid to the It was reduced to a few stacked blocks right of citizens to life, liberty, property us tyranny’s Bloody flag is raised! In American colonists seems to be a central in the center of Paris, by order of the and equality were central to Rousseau the countryside, do you hear the factor in the uprising of the citizens newly formed revolutionist republic on and America’s founding fathers. How roaring of these fierce soldiers? against the monarchy. In addition to the February 6, 1790. What actually remains utterly American is the statement “man is They come right to our arms to slit of the Bastille in Paris is shocking when born free, and everywhere he is in crippling debt, other democratic ideals the throats of our sons, our friends! leading to the storming of the Bastille it comes to all of the many other ancient chains.” There are many Rousseauian Grab your weapons, citizens! included the common citizen’s right to buildings that stand around the world principals that were in direct contradic- Form your batallions! Let us march! own land, religious tolerance (mainly in today. I have stood in the very prison tion to the founders such as Thomas favor of non-Catholics) and the citizen’s where over 2,000 years ago the apostle Jefferson’s notion that “the government Let us march! May impure blood right to govern themselves (a/k/a the Paul was said to have been chained to the that governs least governs best.” water our fields! fight against despotism). If you pick up a wall in Rome while he wrote letters to the Rousseau was more tolerable of a bigger Just like Americans, the French were copy of our beloved Declaration of Ephesians. I have even felt with my own centralized government that was just, willing to die (and many did) to protect Independence beautifully penned by hands the rings that may (but probably whereas American founders such as the rights each of them held sacred. Thomas Jefferson and dutifully revised not) have held Paul’s chains against those Jefferson were much more paranoid of a Later, in 1886, the French citizens recog- by John Adams (and others) the very prison walls. That prison is no bigger bigger more controlling central govern- nized the unity and friendship of our ideas contained within the Declaration than many Oklahoma County judge’s ment and relished in the separation of nations by providing the American peo- against King George III are those same chambers and was dug out of tufa rock powers as also expressed by John Locke. ple one of the most recognized symbols ideas captured by the hearts of the French over two-thousand years ago. It must The point of this article is not whether of freedom and friendship on the planet: revolutionists who stormed Bastille. have been the symbolism for which the the certain principals of either revolution the Statue of Liberty. And while I do not History tells us that there were merely Bastille stood that caused the Parisian were better or worse for the democratic pretend to understand the language, cui- seven prisoners within the walls of the revolutionaries to harbor such hatred governments that followed, but with sine, or personal hygiene the French citi- Bastille at the time it was captured on against its very existence. Its capture and what fervor and passion those revolution- zens hold so dear, I do understand the July 14, 1789. The event is thought of fall was the very birth of the first and aries embodied the ideals in which they unique passion the French revolutionists today, (as it was during the capture) not new republic in France. believed. The French citizens paid back shared with our own American founders. so much as the freeing of political prison- You simply cannot discuss (or write a Louis XVI – and his infamous wife ers, but as a symbolic triumph against an widely read Briefcase article) on the Marie Antoinette – by removing their So this month while you are celebrating over-reaching monarchy with little com- French Revolution and the storming of heads. King Louis XVI remains today the birth of this great nation, you may passion for its subjects. The act itself was Bastille without coming back to the (and presumably for the rest of time) the throw some escargot on the grill, or no small task. The Bastille was a signif- works of Jean-Jacques Rousseau, much only French King to be executed by its replace that hoagie bun with a baguette in icant structure made of steel and iron like you cannot think of the Fourth of citizens. It is impossible to miss the pas- a subtle shout-out to those brave standing over 100 feet tall. It was encir- July without thinking of Thomas sion the French feel for their revolution Parisians who fought the good fight cled by a moat more than 80 feet wide. Jefferson and those words “[w]hen in the when you read the lyrics of the opening against despotism. 16 BRIEFCASE • July 2014 www.okcbar.org • July 2014 • BRIEFCASE 17 18 BRIEFCASE • July 2014

War Stories Driveway Dispute By Honorable Joe Sam Vassar was obviously disinterested and was doo- Interrupting counsel, the judge proudly was abandoned by the Supreme Court a Creek County District Court Judge dling away on his yellow pad as the wit- asked “Gentlemen, isn’t this covered by number of years ago.” The other lawyer Over 40 years ago I sat in a courtroom in nesses droned on and on. Suddenly the the decision in Doe v. Smith (case name nodded his head in agreement. Oklahoma county waiting for an old judge, judge looked up with a gleam in his eyes. invented)?” The judge appeared astounded for a at least as old as I am now, to finish trying There was only one explanation: he knew Both opposing lawyers looked at each moment before he banged his fist on the a non-jury case. some law in point. Considering this judge, other, rather embarrassedly, before one bench “Damn it all” he said “the law has It was a driveway dispute. The judge that was a most unusual occurrence. finally replied “Your honor, that precedent just got to stand still.’’

OLIO from PAGE 4

County. Therefore, he brings this original directed to dismiss this pending cause of defendant below) for punitive damages and made by court; resistance willfully offered action for a writ of habeas corpus ad prose- action, and the respondent Ray H. Page, the quoted testimony refuted the charges that by any person to the execution of a lawful quendum in this Court. Warden of the Oklahoma State Penitentiary the plaintiff had been dealt with by the order or process of a court. (Emphasis From a thorough investigation of all of the at McAlester, Oklahoma, will after such defendant in a deliberately unfair manner. At added.) facts surrounding this case, it would seem action, if taken, cancel the hold order placed the close of this argument the court made the It has been decided that the “disorderly or that this is the only method by which this by reason of said charge. following statement: insolent behavior” referred to by the above petitioner can obtain a preliminary hearing The court: I ordered you not to bring up statute means “conduct that is unruly, tumul- and an early trial. He has attempted to have July 19, 1989 that issue and not to speak dollars. You tuous, insulting or disrespectful.” Fulreader a hearing in the district court of Tulsa Twenty-Five Years Ago failed to follow that order. I consider that v. State, 408 P.2d 775 (Okla. 1965) quoting County, and these attempts have been [Excerpted from Watson v. State ex rel. contempt of this court’s order and I think an Best v. Evans, supra. In Fulreader the ignored. Therefore, we must consider this an Michael, 1989 OK 116, 777 P.2d 945.] appropriate sanction in this instance would Supreme Court found the defendant’s con- original proceeding before this Court, and The case on appeal before us involves a be a fine of $1,000.00. duct free of contempt due to the fact that this Court has often held that either an contempt order issued by the appellee (the Following this Mr. Watson gave notice of “although the defendant was persistent in accused or the State may proceed in the dis- court) against the appellant (Mr. Watson) his appeal and asked that the fine be stayed presenting his client’s case no lack of respect to which the court agreed. trict court of the county where charges are during the course of a trial involving issues for the court was exhibited.” Nine years filed by way of habeas corpus ad prosequen- On appeal Mr. Watson contends that he of oil and gas drainage. Prior to the trial a after the Fulreader decision was handed dum, making the magistrate and the person did not violate the court’s motion in limine motion in limine was argued and the court down this Court formally adopted the having custody of the accused parties defen- ruling because the testimony elicited on ruled that no evidence was to be presented American Bar Association Standards dant, and should such efforts fail, original cross-examination was non-specific as to the by any party regarding the amount of royal- Relating to the Function of the Trial Judge as proceedings may be filed in the Court of ties that had been received by the plaintiff source of the $135,000 check. He argues in Criminal Appeals. his appeal brief that “there was no evidence part of the Court Rules of Procedure. State below from any interest he might have in ex rel. Young v. Woodson, 522 P.2d 1035 This Court feels that the county attorney wells offsetting the allegedly drained well. showing that the question found to be con- temptuous pertained to production income (Okla. 1974). The second standard sets out and the examining magistrate were acting in At trial the plaintiff testified on direct exam- from a well other than the Grant well.” This the conditions under which sanctions, more good faith, but in thinking that they did not ination that he had been told if the oil and have jurisdiction were acting under a mis- position is less than convincing. severe than censure, are warranted. It reads gas field in question were unitized plaintiff taken view of the law. Therefore, in the The relevant portion of the transcript set as follows: would receive “forty or forty-five thousand interest of justice, we would be derelict in out above relates that the $135,000 check No sanction other than censure should be dollars a month.” Mr. Watson argues in his our duty if we did not entertain this petition, was from TXO. TXO operates wells offset- imposed by the trial judge unless (i) it is appeal brief that this statement “opened the and order the accused to be delivered to the ting the contested area and the plaintiff owns clear from the identity of the offender and door to evidence about plaintiff’s income” sheriff of Tulsa County and upon comple- interests in those offsetting wells. The clear the character of his acts that disruptive con- thereby justifying Mr. Watson’s cross-exam- tion of said hearing and trial, be re-delivered implication of receiving a royalty check duct was willfully contemptuous, or (ii) the ination of the plaintiff which proceeded in to the Warden of the State Penitentiary for from TXO is that this is income from those conduct warranting the sanction was pre- pertinent part as follows: the completion of his present sentence. offsetting wells that TXO operates. There is ceded by a clear warning that the conduct is Q. You’ve been getting paid your royalty And we further feel, that as stated by nothing whatsoever to relate the check to the impermissible and that specified sanctions on the Watkins well by TXO, have you Judge Powell in Inverarity v. Zumwalt, 97 Grant well in the quoted portion of the tran- may be imposed for its repetition. not? Okl.Cr. 294, 262 P.2d 725: “It is fundamen- script. The testimony concerning the specif- * * * A. Yes. tal that every court has inherent power to do ic amount of the $135,000 check was pro- The facts on appeal do not show any signs Q. And on the Manchester? all things that are reasonably necessary for hibited by the court’s ruling on the motion in of willfully contemptuous conduct on the A. Yes. the administration of justice within the scope limine. We find, therefore, that Mr. Watson, part of Mr. Watson. The single question he Q. And actually Mr. Benavides helped of its jurisdiction.” by introducing the evidence, did violate the asked of the witness in regard to the amount you get paid from TXO for your royal- This accused is entitled to every opportu- court’s ruling. of the check, while technically violating the ty, didn’t he? nity at the earliest possible moment to clear Mr. Watson’s next argument is that, if he motion in limine ruling, was not disruptive A. Well, he told me they hadn’t paid me himself, if innocent, which the law assumes, did violate the court’s order, it was not vio- nor was Mr. Watson’s manner of asking the and places the burden of proof upon the and it was getting pretty late. I had lated contemptuously or willfully. been fighting with them to get them to question in any way defiant. His response to prosecution. But if the accused is guilty Therefore, no punishment for contempt of the opposing counsel’s motion for sanctions from evidence in the hands of the prosecu- pay me. They were awful slow on issu- court is in order. We find this reasoning per- ing their first checks but after that they was nothing less than that of an attorney tion, the State should at the earliest opportu- suasive. ardently defending his client’s position. nity seek to so prove. Only on such a basis paid pretty well. In Oklahoma contempts of court are gov- Once the trial court ruled that he had violat- can respect for law and orderly procedure be Q. After Mr. Benavides called that to the erned by the constitution and statutes, not by ed the motion in limine ruling, Mr. Watson expected and maintained. attention of the Corporation common law... 21 O.S. 1981 § 565 defines continued his cross-examination with no * * * Commission it wasn’t a day or two contempt as follows. show of disrespect and he did not raise the In view of these facts, this writ is granted until they brought you a big check, Contempts of court shall be divided into and the county sheriff of Tulsa County is wasn’t it? direct and indirect contempts. Direct con- matter again. The question cited by the court directed to pick up the petitioner from the A. That’s true. tempts shall consist of disorderly or inso- in holding Mr. Watson in contempt is not State Penitentiary and deliver him to the Q. How much was that check? lent behavior committed during the ses- sufficient to warrant any punishment for examining magistrate, where the county A. A hundred thirty-five thousand dollars. sion of the court and in its immediate contempt of court. The situation before us attorney shall give him the opportunity to Immediately following this testimony the view, and presence, and of the unlawful does not contain the necessary elements of receive or waive a preliminary hearing on opposing counsel approached the bench and and willful refusal to answer any legal or contempt as defined by the ABA standards the charge in question. It being understood moved that Mr. Watson be sanctioned for proper question; and any breach of the and adopted by this Court. We find that that the county attorney shall be given a rea- introducing evidence into the record that had peace, noise or disturbance, so near to it as without proof of a willful disruption of the sonable time to arrange for this hearing. been specifically prohibited by the ruling on to interrupt its proceedings, shall be court's proceedings or a showing of a com- However, if the county attorney, within a the motion in limine. In response to the deemed direct contempt of court, and may plete disregard for the court and its judicial reasonable time does not bring the petition- motion Mr. Watson argued that not only had be summarily punished as hereinafter pro- powers the act complained of cannot fall er before the examining magistrate in order the testimony on direct examination raised a vided for. Indirect contempts of court within the purview of contempt of court that that he might waive or receive a preliminary question as to plaintiff’s income but that the shall consist of willful disobedience of warrants punishment by fine or imprison- hearing, then the examining magistrate is plaintiff was suing Mr. Watson’s client (the any process or order lawfully issued or ment. www.okcbar.org • July 2014 • BRIEFCASE 19 20 BRIEFCASE • July 2014

AWARDS from PAGE 1 60-Year Awards were presented to:

G.T. Blankenship Randolph Everest

John McHenry Mee William (Bill) Ross Melissa Walker on behalf of her father, William Legg 50-Year Awards were presented to:

Larry Cassil, Sr. John Coates, Jr. Kent Frates

Judge Nancy Coats Robert Hall Magistrate Judge Ronald Howland Charles Hunnicutt

David Lynn James (Jim) McCaffrey John Mee, Jr. Charles Ming Phillip (Larry) Savage

Michael Stewart Martin Stringer Mike Tesio, Jr. Jon H. Trudeon Jerry Tubb