Black Legal History in Oklahoma

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Volume 92 — No. 5 — May 2021

contents May 2021 • Vol. 92 • No. 5

THEME: Black Legal History in Oklahoma Editor: Melissa DeLacerda

Cover Art: Ada Lois Sipuel Fisher by Mitsuno Reedy from the Oklahoma State Capitol Art Collection, used with permission, courtesy of the Oklahoma Arts Council FEATURES PLUS 6 Blazing the Trail: Oklahoma Pioneer African 36 OBA Awards: Leading is a Choice, American Attorneys Let Us Honor It By John G. Browning By Kara I. Smith 12 ‘As Soon As’ Three Simple Words That Crumbled 39 New Member Benefit: OBA Newsstand Graduate School Segregation: Ada Lois Sipuel v. 40 Celebrate Diversity With an Award Board of Regents Nomination By Cheryl Brown Wattley 42 New Lawyers Take Oath in Admissions 18 Guinn v. U.S.: States’ Rights and the 15th Amendment Ceremony By Anthony Hendricks 44 Legislative Monitoring Committee Report: 24 The Tulsa Race Massacre: Echoes of 1921 Felt a Session Winding Down Century Later By Miles Pringle By John G. Browning 45 Solo & Small Firm Conference 30 Oklahoma’s Embrace of the White Racial Identity By Danne L. Johnson and Pamela Juarez 46 Judicial Nominating Commission Elections

DEPARTMENTS 4 From the President 50 From the Executive Director 52 Law Practice Tips 58 Ethics & Professional Responsibility 60 Board of Governors Actions 64 Oklahoma Bar Foundation News 68 Young Lawyers Division 73 For Your Information 74 Bench and Bar Briefs 80 In Memoriam 82 Editorial Calendar 88 The Back Page PAGES 36 and 40 – PAGE 42 – OBA & Diversity Awards New Lawyers Take Oath From The President Words, Life of Frederick Douglass Are Inspiring By Mike Mordy

HE THEME OF THIS BAR JOURNAL, “BLACK who was known as a “slave breaker,” and I TLegal History,” reminded me of Frederick Douglass, have read he beat Douglass so regularly that who was not an attorney but had all the attributes his wounds did not heal between beatings. that we as attorneys strive for and admire – being a Douglass would later write the beatings broke great orator and writer. His writings and teachings his body, soul and spirit. are extremely relevant today. He stood for the propo- Douglass ultimately escaped in 1838, at the sition that all people are created equal and deserve the age of 20 and made his way to New York City. freedom to pursue happiness in our country. He was He later wrote to a friend, “I felt as one might committed to the principles set forth in the Declaration feel upon escaping from a den of hungry lions. of Independence that all people are born free and Anguish and grief, like darkness and rain, equal, with inherent rights which no one may violate. may be depicted; but gladness and joy, like He taught himself to read, taught himself a political the rainbow, defied the skill of pen or pencil.” philosophy, and then by his own efforts, he became one I note Frederick Douglass’ travails as a of our nation’s most important and historical intellects slave because it is hard to imagine a man born through his own hard work and perseverance. into slavery in America, separated from his It is incredible to me that Frederick Douglass was mother as an infant and beaten unmercifully, born into slavery and was abused and beaten yet came but then came to support the Constitution and to write that all people were entitled to the pursuit to become a historical giant in the legacy of of happiness and self-reliance and to peace, security our country. Even though he was treated with and freedom. I think it is important to note that his unimaginable degradation, he did not hold background and upbringing did a grudge against society, but rather opposed not create in him animosity toward separatism and sought equality for all. society. He was born in his grand- Writer Timothy Sandefur notes in his mother’s log cabin, separated from recent book, Frederick Douglass: Self Made Man, his mother as an infant and raised that “at a time of increasing cynicism and by his maternal grandparents until racial animosity, it’s worthwhile to remember the age of 6, when he was “given” that in an era when race relations were far to a couple in Baltimore, Maryland. worse than they are now, Frederick Douglass The wife taught him the alphabet stood for the proposition that all people are and made sure he was fed and slept created equal and deserve the freedom to pur- in a bed with sheets and a blanket; sue happiness in the United States.” We need however, her husband disapproved. to familiarize ourselves with Douglass’s teach- He believed if the slave could read, ing and his beliefs as to individualism, private he would become unmanageable property, capitalism, free enterprise and con- and ultimately sad because of his stitutionalism. It is important to remember all predicament. Douglass understood of the guaranties granted to us and be assured President Mordy practices from this rhetoric at a young age the that we, as attorneys, protect the constitutional in Ardmore. importance of reading and writ- rights of others in need, in whatever manner [email protected] 580-223-4384 ing. He was sent to a poor farmer that we can, big or small.

4 | MAY 2021 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2021 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 92 — No. 5 — May 2021 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the content of their ads, and the OBA reserves JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair the right to edit or reject any advertising copy Editor-in-Chief for any reason. Legal articles carried in THE [email protected] LUKE ADAMS, Clinton OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita LAUREN RIMMER BAR CENTER STAFF Advertising Manager VIRGINIA D. HENSON, Norman John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Jim C. SCOTT JONES, Oklahoma City Calloway, Director of Management Assistance TONY MORALES, Shawnee Program; Craig D. Combs, Director of Administration; Janet K. Johnson, Director of ROY TUCKER, Muskogee Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. DAVID E. YOUNGBLOOD, Atoka Manning, Director of Communications; Dawn Shelton, Director of Strategic Communications and Marketing; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Jennifer Brumage, Melody Claridge, Cheryl Corey, Ben Douglas, Johnny MICHAEL C. MORDY, President, Ardmore; Marie Floyd, Matt Gayle, Suzi Hendrix, Debra CHARLES E. GEISTER III, Vice President, Oklahoma City; JAMES R. Jenkins, Kiel Kondrick, Rhonda Langley, HICKS, President-Elect, Tulsa; SUSAN B. SHIELDS, Immediate Jamie Lane, Durrel Lattimore, Edward Past President, Oklahoma City; MICHAEL J. DAVIS, Durant; TIM E. Maguire, Renee Montgomery, Whitney DECLERCK, Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO Mosby, Lauren Rimmer, Tracy Sanders, Mark GARRETT, Tulsa; BENJAMIN R. HILFIGER, Muskogee; ANDREW E. Schneidewent, Kurt Stoner, Krystal Willis, HUTTER, Norman; DAVID T. MCKENZIE, Oklahoma City; MILES T. Laura Willis & Roberta Yarbrough PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; KARA I. SMITH, Oklahoma City; MICHAEL R. VANDERBURG, Ponca City; Oklahoma Bar Association 405-416-7000 RICHARD D. WHITE JR., Tulsa; APRIL J. MOANING, Chairperson, Toll Free 800-522-8065 OBA Young Lawyers Division, Oklahoma City FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Lawyers Helping Lawyers 800-364-7886 paid at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year. Law students registered with the OBA and Board of Bar Examiners 405-416-7075 senior members may subscribe for $30; all active members included in Oklahoma Bar Foundation 405-416-7070 dues. Single copies: $3

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THE OKLAHOMA BAR JOURNAL MAY 2021 | 5 Black Legal History in Oklahoma Blazing the Trail: Oklahoma Pioneer African American Attorneys By John G. Browning

HE STORY OF OKLAHOMA’S EARLIEST African American attorneys is inextricably Tintertwined with the state’s roots as a multiethnic land of opportunity. Perhaps its first African American lawyer, Sugar T. George, embodied this more than any of his trailblaz- ing counterparts. George (sometimes identified as “George Sugar”) was born into slavery in 1827 in what was then the Muskogee Nation of Georgia. George and his family were among those removed along with their Native American owners in 1828.

When the Civil War broke out, addition to assisting other freedmen opportunity. It also represented a George joined with the “Loyal with legal matters, in 1875 George chance to create towns where Black Creeks” and Seminoles under earned the then-handsome sum people would be free to exercise Opothle Yahola, who fought of $25 serving as prosecuting their political rights without inter- Confederate forces in Kansas. It is attorney for the Arkansas District ference. Even prominent leaders unclear whether George escaped of the Creek Nation (at the time, of the “Exoduster” movement from slavery or purchased his all criminal cases involving U.S. cit- that led to thousands of African freedom, but it is known from izens in the Indian and Oklahoma Americans migrating to Kansas, Union Army records that while territories were under the jurisdic- such as Edwin P. McCabe, turned in Kansas, he enlisted in the First tion of federal court, the nearest of their attention to Oklahoma as the Indian Home Guard. There, his which was located at Fort Smith, new promised land. As a result, literacy and leadership skills stood Arkansas). Later, he served as a Black settlement in rural Oklahoma out, and George soon achieved the judge in the Muskogee District. was much more extensive than in rank of first sergeant. Buoyed by his prominence in the Kansas. By 1900, African American After the war, George and his community and his legal acumen, farmers in the territory owned family settled near North Fork George accumulated land and, at 1.5 million acres valued at $11 Town on the Canadian River, the time of his death on June 30, million.1 And while many were where he soon took on leadership 1900, was known as one of the freed people or those married to positions in the Creek Nation. In wealthiest men in the territory. former slaves who acquired allot- 1868, he represented North Fork For many African Americans ments in Indian Territory under Town in the House of Warriors seeking to escape racial violence the Dawes Act, many were African and House of Kings as an elected and restrictions that accompa- Americans from other states who member of the Muskogee National nied the end of Reconstruction in gained homesteads in the various Tribal Council. Although it is the South, the opening of former land runs in Oklahoma between unclear where he received his legal Native American lands in the 1889 and 1895. African American training, Sugar George became Oklahoma Territory represented migration to the “Twin Territories” both a lawyer and a judge. In more than just a homesteading (Indian and Oklahoma) produced

6 | MAY 2021 THE OKLAHOMA BAR JOURNAL 32 all-Black towns, including Boley, immersed himself in the practice of Taft and Langston City.2 Black law as well as civic life. He became farmers, merchants and business an alternate delegate to the terri- owners naturally attracted Black tory’s 1891 Republican convention professionals, including doctors, soon after moving to Guthrie. He dentists and lawyers. served as a justice of the peace Some of Oklahoma’s first in Guthrie and also served eight African American lawyers were years on its city council from 1894 - among those who had started 1902.5 However, Perkins found his careers in other states but other political ambitions thwarted. migrated to Oklahoma for better He ran unsuccessfully for police opportunities. One prime example judge in Guthrie in 1896 and was George Napier Perkins. Born quickly found that despite their into slavery in 1842 in Williamson growing numbers and occasional County, Tennessee, Perkins was success in winning offices, African moved at the age of 15 along with Americans were being largely shut the family that owned him to out of territorial politics. Little Rock, Arkansas. Perkins George Napier Perkins was an African To amplify the voice of the terri- American lawyer, a newspaper publisher had received some education. tory’s African Americans, Perkins and a civil rights activist. Photo courtesy Although it is unclear how he ventured into the world of jour- of the Oklahoma Historical Society. gained his freedom, Perkins joined nalism. He purchased a Guthrie the Union Army during the Civil one of eight African American newspaper, the Oklahoma Guide. War. He served for three years, delegates to the 1874 Arkansas Not only was it the Oklahoma ultimately achieving the rank of Constitutional Convention, where Territory’s first African American first sergeant in the 57th Colored he witnessed the first of multiple newspaper, it soon became the Infantry. After marrying Maggie attempts by white Democrats to longest continuously published Dillard in 1867, Perkins gained limit Black citizens’ rights. Those Black-owned weekly newspaper in his legal education by attending a efforts only intensified after the the territory.6 Under Perkins’ lead- night law school.3 He was admit- end of Reconstruction. With the ership, the Oklahoma Guide not only ted to the Arkansas bar in 1871.4 passage in 1890 of the Separate served as a platform for encourag- Perkins thrived in Arkansas. Coach Act (which Perkins had ing Black migration to Oklahoma, He served as a justice of the peace publicly opposed) and other Jim it also staunchly defended African for Campbell Township for six Crow legislation, he decided to Americans’ civil rights and spoke years, as well as two terms as head west to Oklahoma. out against white fears of Black an alderman on the Little Rock In Oklahoma, as he did domination. City Council. Perkins was also in Arkansas, Perkins quickly

THE OKLAHOMA BAR JOURNAL MAY 2021 | 7 With African Americans being African Americans’ voting rights. and then furthered his education excluded from early statehood Although he did not act as counsel, at Xenia’s Wilberforce University – conventions, Perkins and others Perkins used his unique combina- the first private historically Black sought a Black statehood convention tion of legal training, newspaper university owned and operated by to send a delegation to Washington, publishing and political leadership African Americans. Although Twine D.C., in order to lobby for a single to both appeal to whites (includ- briefly pursued a teaching career in statehood bill rather than the twin- ing the governor) for repeal of the Richmond, Indiana, he soon moved state bill being urged. By now, his grandfather clause and to mobilize to Mexia, Texas, for another teaching vocal advocacy for civil rights had the African American commu- position. While in Texas, Twine “read earned him the nickname “The nity to contest it in the courts and the law” and successfully sought African Lion.” He and other Black fight against disenfranchisement. admission to the Texas bar – becoming leaders in both territories formed the Although the Oklahoma Supreme the “first colored man [who] ever Negro Protective League, which was Court upheld the grandfather took examination as [a] lawyer in designed to protect the civil rights of clause,8 in 1915, it was struck Limestone County” in 1888.11 the African American community down by the U.S. Supreme Court.9 Twine practiced law in by advocating for a single statehood Unfortunately, George Perkins Groesbeck, Texas, for approxi- bill that would ensure these rights did not live to see that victory; the mately three years. He married in the face of a white Democratic “African Lion” died on Oct. 6, 1914. Mittie Almira Richardson in 1889, majority pressing Jim Crow legis- Completing our triumvirate and their marriage would eventu- lation. With prominent opponents of early African American legal ally produce six sons. On Sept. 22, like 1906 Oklahoma Constitutional pioneers in Oklahoma is “the Black 1891, Henry Twine and his grow- Convention president, future gover- Tiger,” William Henry Twine. Twine ing family were among the 20,000 nor and avowed racist William H. was born Dec. 10, 1864, in the com- future Oklahomans who partici- “Alfalfa Bill” Murray opposing munity of Red House in Madison pated in the Sac and Fox Land Run these efforts, Perkins had his work County, Kentucky. Unlike George in the Oklahoma Territory. They cut out for him. Although President Perkins, he was born free, the son settled near Chandler on a 160-acre Theodore Roosevelt insisted on of Thomas J. Twine (a wheelwright homestead. Twine continued to the deletion of white supremacist and runaway slave of mixed African teach school as a steady source of and segregationist provisions American and Native American income but, on Oct. 31, 1891, he from Oklahoma’s proposed consti- ancestry) and Lizzie Twine (a was admitted to the Oklahoma tution before it could be admitted to baker described as a “straight born Territory Bar. In 1897, he moved to statehood in 1907, Murray continued African”).10 Shortly after the Civil Guthrie and organized the territo- pressing for Jim Crow legislation as War, the family moved to Xenia, ry’s first African American-owned the first speaker of the Oklahoma Ohio. Young William graduated law firm with two partners, G.W.F. House of Representatives. He said, from Blackburn High School there Sawner and E.I. Saddler.12 The firm among other things:

We should adopt a provision pro- hibiting the mixed marriages of negroes with other races in this State, and provide for separate schools and give the Legislature Although he did not act as counsel, Perkins power to separate them in waiting rooms and on passenger used his unique combination of legal training, coaches, and all other institutions in the State ... . As a rule they newspaper publishing and political leadership to are failures as lawyers, doctors, and in other professions.7 both appeal to whites (including the governor) for

Despite the efforts of George repeal of the grandfather clause and to mobilize Perkins and other Black leaders, Oklahoma did adopt a variety the African American community to contest it in of Jim Crow laws, including a “grandfather clause” law to deny the courts and fight against disenfranchisement.

8 | MAY 2021 THE OKLAHOMA BAR JOURNAL specialized in criminal practice. Twine was the first African American attorney admitted to practice in the United States Courts in Indian Territory.13 In 1897, Twine made history with his defense of George Curley, a man accused of murder, in the U.S. Court for the Northern District of the Indian Territory sitting at Vinita, Oklahoma. Curley was convicted and sentenced to death. On Feb. 11, 1898, Twine filed a petition for writ of error before the U.S. Supreme Court, but the case was dismissed for lack of jurisdiction. Twine’s appearance before the Supreme Court was noteworthy because it marked the first appearance by a Black lawyer from Oklahoma or any western state before the nation’s highest court.14 Twine soon moved to Muskogee, in Indian Territory. The work of the Dawes Commission had created a need for lawyers in the territory. There he expanded his work to include not only his law practice but the newspaper business as well. He eventually built a brick office building, housing not only his law practice and his newspaper but other law offices, a doctor’s office, a realtor and a tailor shop. From 1898 to 1904, Twine edited the Pioneer Paper. His second and more successful newspaper, the Muskogee Cimeter, was The Muskogee Cimeter, a weekly newspaper published by William Henry Twine, included local, territorial and national news. Photo courtesy of the Oklahoma Historical Society. published from 1904 to 1921. Twine’s family grew as well; of his six sons, newspaper along with a response cuticle should show the dark three would go on to become lawyers, that he and his six sons would be tinge of one who had lived in the including Harry Thomas Twine (a ready for a fight.16 Twine’s editorials tropics, the cusses would crucify 1928 graduate of Harvard University attacking discriminatory treatment him anew and Alfalfa Bill would Law School) and Pliny R. Twine (a of Blacks in education, transpor- provide the crown of thorns.17 1929 Howard Law graduate).15 tation and by law enforcement Twine was active in the provided a powerful voice for the Twine and his editorials also Republican Party, and his work as community. Ridiculing the racist bemoaned the fact that white a lawyer, newspaper editor/owner sentiments of “Alfalfa Bill” Murray politicians courted the Black vote and community organizer was criti- during the constitutional conven- when it was needed but ignored cal to the fight for civil rights for the tion, Twine wrote: African Americans seeking a more African American community in prominent role in representing Oklahoma. He received numerous If the Savior of mankind should themselves. When no Blacks were death threats from racists, including come to Oklahoma today and selected for the July 1905 Single the Ku Klux Klan; in defiance of go before the constitutional Statehood Convention in Oklahoma one such threat, he printed it in his Convention and the color of his City, Twine and other African

THE OKLAHOMA BAR JOURNAL MAY 2021 | 9 American lawyers called for a sep- Theodore Roosevelt]. They were too in the legal profession reflect, the arate convention, held in Muskogee busy for any of the colored mem- impact of systemic racism echoes on April 21, 1905. A second conven- bers of the bar to join at this time.”20 even today. tion was held on Dec. 5, 1906, with By 1912, with the avid support of 300 Black delegates attending and Twine and his newspaper, the state’s demanding that the main, all-white African American lawyers would ABOUT THE AUTHOR Constitutional Convention make no form their own group, the Oklahoma John Browning is a laws restricting African American Negro Bar Association (largely partner in the Plano, rights and enfranchisement. supplanted by the Southwestern Texas, office of Spencer When the all-white Constitutional Bar Association by 1941).21 Fane and is a former Convention adopted a Constitution Twine eventually retired from justice on Texas’ 5th laden with Jim Crow provisions, the newspaper business in 1921, Court of Appeals. He is the author Twine and other African American but he continued practicing law of five law books and numerous leaders not only condemned this and advocating for civil rights until articles, including many on African at a third Black convention in his death in Muskogee on Oct. 8, American legal history and has 1907, they traveled to Washington, 1933.22 Twine, along with George received Texas’ top awards for D.C., to meet with President Perkins and other early Black legal legal writing, legal ethics and Roosevelt and urge him to overrule trailblazers, played a critical role contributions to CLE. Oklahoma statehood because of the in the development of Oklahoma’s

Constitution’s disregard for civil African American community and ENDNOTES rights. Despite Roosevelt’s sympa- the protection of its civil rights. 1. Quintard Taylor, In Search of the Racial Frontier: African Americans in the American West, thizing (and insistence on removal As the twin territories and 1528–1990, at 147 (1998). of the offending language from the later as a state, Oklahoma pro- 2. Id. at 148–49. 3. Judith Kilpatrick, “(Extra) Ordinary Men: African- draft Constitution), after Oklahoma vided unheard-of opportunities for American Lawyers and Civil Rights in Arkansas Before became a state, the very first African American attorneys – 1950,” 53 Ark. L. Rev. 299, 327 (2000). law passed by the newly minted with its “pioneering all-Black com- 4. Id. at 328–29. 5. George Napier Perkins (1842–1914), Encyclopedia Oklahoma Legislature was a Jim munities, the need for legal reso- of Okla. Hist. & Culture, Okla. Historical Soc’y, www. Crow law establishing segregation lution of countless land disputes, okhistory.org/publications/enc/entry.php?entry=PE016. 6. Nudie Williams, The Black Press in on railway cars. and opportunities to profit in the Oklahoma: The Formative Years, 1889–1907, LXI,3 Twine filed a lawsuit challeng- oil industry development.”23 This Chronicle of Okla. (Fall 1982). 7. Timothy Egan, The Worst Hard Time: The ing this Jim Crow statute soon after unparalleled chance for social and Untold Story of Those Who Survived the Great it became law. Twine’s civil rights economic mobility led to Oklahoma American Dust Bowl 271 (2006). 8. Atwater v. Hassett, 27 Okl. 292, 111 P. 802 (1910). battles were not just waged in having more than 60 African 9. Guinn v. United States, 238 U.S. 347, 360 courtrooms and in newspaper edi- American attorneys in 1910 – a (1915). The Guinn case is discussed in detail elsewhere in this issue. 24 torials, where Twine had famously figure greater than any other state. 10. William Henry Twine (1864–1933), Encyclopedia pledged, “We are opposed to Jim Oklahoma’s early African American of Okla. Hist. & Culture, Okla. Historical Soc’y, okhistory. 18 org/publications/enc/entry.php?entry=TW006. Crow no matter where it comes up.” lawyers were leaders in the struggle 11. Frank L. Mather, Who’s Who of the Colored Twine was also a key organizer and to extend democracy on local and Race: A General Biographical Dictionary of Men and Women of African Descent 269–70 (1915). helped found not only the Negro state levels, yet with the pervasive 12. R.O. Joe Cassity, Jr., “African American Protective League of Oklahoma discriminatory effect of Jim Crow Attorneys on the Oklahoma Frontier,” 27 Okla. City U. L. Rev. 245 (Spring 2002). and Indian Territories but also the laws, racial violence and other fac- 13. Orben J. Casey, And Justice For All: The Oklahoma Anti-Lynching Bureau in tors, pursuing a legal career became Legal Profession in Oklahoma, 1821–1989, at 121 19 Okla. Heritage Ass’n (1989). 1905. He also fought for the accep- both more difficult and less attrac- 14. Curley v. United States 171 U.S. 631 (1898) tance of Black lawyers by the legal tive for African Americans. By 1940, (consolidated with Brown v. United States). 15. “Oklahoma Pioneer is Dead,” Pittsburgh profession as a whole. In the early the number of Black lawyers had Courier, Oct. 21, 1944, at 2. days, a license to practice law did declined so sharply that it wasn’t 16. William Henry Twine (1864–1933), supra note 10. 17. Casey, supra note 13, at 121. not automatically mean membership practical to have a group composed 18. Arthur L. Tolson, The Negro in Oklahoma in the bar association, and African solely of Black Oklahoma-licensed Territory, 1889–1907: A Study of Racial Discrimination, American lawyers were routinely attorneys, leading to what would 109 (unpublished Ph.D. dissertation, University of Oklahoma). excluded from bar activities. Twine’s become the Southwestern Bar 19. Cassity, supra note 12, at 258. frustration with this is evident in Association opening up its member- 20. The Muskogee Cimeter, Feb. 16, 1905, at 4. 21. “Lawyers Organize,” The Muskogee one of his editorials, saying, “The ship to African American attorneys Cimeter, Feb. 24, 1912, at 1. Bar Association reminds us of in other states. As the ongoing 22. Obituary, The Black Dispatch, Oct. 10, 1933, at 1. 23. Cassity, supra note 12, at 250. the Roosevelt club [supporters of concerns over the lack of diversity 24. Id.

10 | MAY 2021 THE OKLAHOMA BAR JOURNAL

Black Legal History in Oklahoma ‘As Soon As’ Three Simple Words That Crumbled Graduate School Segregation: Ada Lois Sipuel v. Board of Regents By Cheryl Brown Wattley

T WAS ONLY A SINGLE PAGE PER CURIAM OPINION issued by the United States ISupreme Court in Ada Lois Sipuel v. Board of Regents.1 The pronouncement of Sipuel’s rights were contained in a single paragraph:

The petitioner is entitled to to gain Ada Lois Sipuel admission posed to the attorneys representing secure legal education afforded to the OU College of Law [hereinaf- Oklahoma in the oral argument by a state institution. To this ter OU law school] to continue for before the Supreme Court. Maurice time, it has been denied her yet another year and a half.2 Merrill, acting dean of the OU law although during the same period At the same time, it was a ruling school and one of the state’s attor- many white applicants have been that reached beyond the territo- neys, was immediately asked ques- afforded legal education by the rial boundaries of Oklahoma and tions. Justice Robert Jackson began: State. The State must provide it touched all states with segregated for her in conformity with the graduate education programs. It “The state has known for two equal protection clause of the was an edict that furthered the dis- years she wanted to go to law Fourteenth Amendment and integration of the fiction of separate school. What steps has the state provide it as soon as it does for but equal education and helped taken? … Not one step. We are applicants of any other group. to pave the precedential pathway one of 17 states with a public to Brown v. Board of Education. It policy of segregation. We feel It was a deliberately crafted crushed states’ arguments that Miss Sipuel is not willing to order that avoided any consti- African American citizens desiring recognize that policy.” Justice tutional pronouncement ending to pursue graduate studies had to Jackson’s response, “a scorching segregation in graduate educa- give advance notice to allow the rejoinder, … ‘[w]hy should she tion. It was an order that gave state time to create a separate edu- be required to abide by anything the state of Oklahoma sufficient cational institution. It denied states more than a white person? Why ambiguity and opportunity to go of the evasive and obstructionist should she be called upon to through the pretextual motions of tactic of pleading for time to fund waive her constitutional rights?”3 establishing a law school within and establish alternate educational “What if the Board of Regents just days that could be farcically offerings for its African American decided to set up a separate law heralded as “substantially equal” citizens. school for black students, what to the then 40-year-old University The Supreme Court’s frustra- type of legal education would of Oklahoma College of Law. It was tion with state antics and delays that provide?” Merrill provided an order that caused the legal battle was foretold by the questions his opinion that such a school

12 | MAY 2021 THE OKLAHOMA BAR JOURNAL would be more like studying in it was afforded to white citizens passed a resolution on Jan. 19, 1948, the lawyer’s office. The faculty would require her admission to the that established the Langston would most likely not be very OU law school. School of Law and declared that large. It would certainly be Instead, the Oklahoma State it “shall be substantially equal to different from the education at Regents for Higher Education the course of study” at the OU law the University of Oklahoma law school. … “If we were to issue an order that [Miss Sipuel] be admitted to the law school this coming semester, can the state do that, will the state do that?” Merrill, as the attorney for the state and as the acting dean of the law school, answered simply “yes.”4

Based upon the representations made at oral argument, the Supreme Court could have expected its order would cause Sipuel’s immediate admission to the OU law school. Just weeks earlier, Oklahoma officials had declined to establish a separate law school because funding was not available. That decision was made despite the impending Supreme Court argument and the express opinion of counsel that such a step would improve the state’s position before the Supreme Court.5 Based upon that position, the only Dean Jerome E. Hemry attaches a cardboard sign to the door of room 428 at the state way for the state to provide Sipuel Capitol on Jan. 26, 1948, signaling the opening of Langston University School of Law. with a legal education “as soon as” Photo courtesy of the Oklahoma Historical Society.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 13 school.6 Predictably, when white agreement was made that Langston she applied again to the OU law students started classes at OU just Law School students would be school and continued her legal bat- a mere seven days later, on Jan. 26, allowed access to the state Capitol tle with the state. A trial was held 1948, Sipuel was again denied law library. A part-time dean and in May 1948 to determine whether admission. This time, however, the two part-time professors had been the newly established Langston denial was based upon the asser- hastily hired. The Oklahoma Board School of Law with its part-time tion that a “substantially equal law of Bar Examiners issued a letter faculty, rented rooms in the school” now existed for African affirming that graduates of the Oklahoma Capitol and no students American students: Langston law school would be eligible to sit was substantially equal to OU law School of Law. for the Oklahoma bar exam. All of school with its highly respected, The Langston School of Law this was funded by an emergency full-time faculty, established physi- consisted of three rooms rented in gubernatorial allocation of $15,000 – cal facility and robust student body the state Capitol, including a class- money that had not been available and alumni base. The NAACP room that was a converted storage just a few weeks earlier.7 called expert witnesses from across closet. Resolutions were passed Despite telegrams notifying her the nation, including the deans of adopting the OU law school bul- to enroll, Sipuel refused to attend Harvard Law School, University letin and course descriptions. An Langston School of Law. Instead, of Pennsylvania Law School, Boalt

Over 1,000 students gather at the University of Oklahoma North Oval on Jan. 29, 1946, to support Sipuel. At the rally, they burned a copy of the 14th Amendment and mailed the ashes to President Truman. Photo courtesy of the Oklahoma Historical Society.

14 | MAY 2021 THE OKLAHOMA BAR JOURNAL Ada Fisher signs the Registrar of Attorneys in 1952. Photo courtesy of the Oklahoma Historical Society. Hall Law School, University of defending it in court, other states professional schools. Silas Hunt Chicago School of Law and OU, were assessing the impact of the filed an application and was who testified that Langston School order on their educational systems.9 subsequently admitted.11 The of Law was not substantially equal The University of Delaware Board Alabama State Board of Education to OU. Despite that testimony, of Trustees unanimously adopted a was ordered to assess the impact Cleveland County District Judge resolution directing the admission of the Sipuel order.12 In Georgia, Justin Henshaw found the rejection of any qualified Black student for the Board of Regents called upon of Sipuel’s application was “legal a course of study that was not university educational officials to and proper” and not a denial of the offered at the segregated school. study the impact of the order.13 14th Amendment because the state The resolution was based upon The “as soon as” mandate was “had made available to [Sipuel] the binding effect of the rulings felt most sharply when six African at the school of law of Langston in Sipuel and Gaines. As a result, American students applied on University a course of instruction Benjamin C. Whitten was admitted the last day of registration for the for first year law students which to the University of Delaware.10 spring 1948 semester to graduate offered advantages for legal educa- On Jan. 30, 1948, University programs offered at OU. Roscoe tion substantially equal” to OU.8 of Arkansas officials announced Dunjee, head of the Oklahoma But while Oklahoma was that African Americans would NAACP and publisher of The building its sham law school and be admitted to graduate and Black Dispatch, had recruited these

THE OKLAHOMA BAR JOURNAL MAY 2021 | 15 Sipuel poses with the OU College of Law Class of 1951. Photo courtesy of the Western History Collections, University of Oklahoma Libraries, OU 1163B. students and strategically waited Oklahoma federal court on behalf of If that is true the fourteenth until the state would not have time Dr. George McLaurin, the NAACP amendment is a farce.15 to create yet another bogus course argued the per curiam opinion in of study. The applicants sought Sipuel demanded his immediate “As soon as.” “Unmistakably immediate admission to graduate admission. It was an argument that plain.” The panel ultimately programs in social work, com- resonated with the three-member issued its opinion. “We hold, in mercial education, architectural panel of federal judges. conformity with the equal pro- engineering, school administration tection clause of the Fourteenth and zoology.14 Dr. George Lynn ‘The State must provide it [legal Amendment, that the plaintiff is Cross, OU’s president, had been education] for Sipuel … and entitled to secure a postgradu- instructed to request an opinion provide it as soon as it does for ate course of study in education letter from Mac Williamson, the applicants of any other group.’ leading to a doctor’s degree in this state attorney general, if any African To me that is unmistakably State in a State institution, and that American residents applied to plain. I can consider that state- he is entitled to secure it as soon as OU. Williamson, in an astounding ment in the context of what I it is afforded to any other appli- interpretation, informed Dr. Cross consider a living law. They are cant.”16 Within weeks, Dr. George the applicants were not to be admit- entitled to it before they are McLaurin became the first African ted; they had not given the state too old to receive it. [Under the American to enroll in and attend notice of their interest to study their criterion read into the decision the University of Oklahoma. respective fields. Based upon the by the attorney general] the Before the one-page per curiam attorney general’s opinion, all six state would be entitled to two decision, only one court order had applicants were denied admission. years on the application of any led to the admission and enroll- But this time, litigation would not Negro. I question whether a ment of an African American take years to secure the admission of delay of two years affords the student. In 1936, the Maryland the six applicants. Filing a lawsuit in equal protection of the law. Court of Appeals ordered that

16 | MAY 2021 THE OKLAHOMA BAR JOURNAL Donald Murray be admitted to ABOUT THE AUTHOR “substantially equal” to OU law school. Foster the University of Maryland School testified that Langston was “a fake, it is a fraud, Cheryl Brown Wattley and it is a deception, and to my mind [it] is an 17 of Law. In the intervening 12 years, has practiced law for attempt to avoid the clear-cut mandate and orders despite lawsuits filed by the of the Supreme Court of the United States. It is over 40 years. In 2006, indecent.” Ada Lois Sipuel No. 14807, Transcript NAACP, no other Black students she went into teaching at of Oral Proceedings, May 24, 1948, 141. had been ordered admitted to a 10. Parker v. University of Delaware, 75 A.2d the OU College of Law 225 (1950). 18 segregated graduate program. and while there, wrote an award- 11. Judith Kilpatrick, Desegregating the This mandate of “as soon as” University of Arkansas School of Law: L. Clifford winning book, A Step Toward Davis and the Six Pioneers, The Arkansas Historical in the Sipuel decision changed Brown v. Board of Education: Ada Quarterly, Vol. 68, No. 2 (summer 2009). that reality because states could 12. “Alabama Makes Training Plans for Lois Sipuel Fisher and Her Fight Professions,” New Journal and Guide, Jan. 24, not financially afford to main- to End Segregation. In 2014, she 1948, p. 9A. tain dual systems of graduate 13. “Oklahoma Court Order Hits White returned to Dallas as a founding Students,” The Chicago Defender, Jan. 24, 1948, p.1. education. Those words caused faculty at UNT Dallas College of 14. Attorney General Mac Q. Williamson the admission of Black graduate Law, where she continues to teach. letter to Dr. G. L. Cross, President, University of Oklahoma, Jan. 29, 1948. students in schools across the 15. OU Regents Minutes, Jan. 29, 1948, South, in Oklahoma, Arkansas 2589-2596. 16. McLaurin v. Oklahoma State Regents for ENDNOTES and Delaware. They forced the Higher Education, (W.D. Okla. 1948). 1. Ada Lois Sipuel v. Board of Regents of the 17. Murray v. Pearson, 169 Md. 478 (1936). Oklahoma Legislature to amend University of Oklahoma, 332 U.S. 631 (1948). 18. State of Tennessee ex. rel. Joseph M. 2. Ada Lois Sipuel was finally admitted to the its statutes to allow the education Michael v. Henry B. Witham et al. Dec. 4, 1941; OU law school on June 20, 1949. Despite Sipuel’s Bluford v. Canada, 32 F. Supp. 707 (D.C. Mo of African Americans at state- refusal to enroll and the absence of any other 1940); Affidavit of Charles L. Eubanks, Jan. 18, students, Oklahoma had kept Langston School of supported institutions, albeit on 1945, NAACP Papers, Part 3, Reel 11:1120. Law open from January 1948 through June 1949. 19. Ada Lois Sipuel Fisher, A Matter of Black a segregated basis. They were the Once Langston’s closure was definite, Sipuel and White: The Autobiography of Ada Lois Sipuel first paving stones in a path that was admitted to OU because the state no longer Fisher, University of Oklahoma Press, 1996, p. 185. led to the matriculation and gradu- offered a course of legal study in a separate institution. ation of trailblazers, such as former 3. “NAACP Wins: O.U. Ordered to Admit Miss Oklahoma Supreme Court Justice Sipuel,” The Black Dispatch, Jan. 17, 1948, 1, 2. 4. Id. Tom Colbert, Oklahoma Court of 5. State officials had twice decided that the Criminal Appeals Judge David Oklahoma state budget could not provide funding for a separate law school for African American Lewis, former OU Regent Melvin students. The Board of Regents for Higher Hall and countless other African Education met just weeks before the Supreme Court oral argument; however, it declined to take Americans now practicing law. any action to establish a separate law school. Those three words caused, Minutes, Board of Regents for Higher Education, 66th Meeting, Dec. 15, 1947, p. 508. as Sipuel described in her auto- 6. Oklahoma State Regents for Higher biography, “the University of Education, Resolution No. 142, Jan. 19, 1948. This declaration blatantly ignored the reality Oklahoma [to] come a long way … that Langston University, the state university for thousands of African Americans African Americans, had not been able to achieve accreditation by the North Central Association of have attended, graduated from, Colleges. The accrediting agency informed state and excelled at the University of officials that, “Langston University has not at this time sufficient strength to justify approval of Oklahoma. They have also done a program which includes graduate work.” W.D. that at every public college in Little, A Memorandum by Mr. W.D. Little, undated, 19 Papers of George Lynn Cross, 12. every southern state.” They did 7. Minutes of First Meeting, Regents’ not lead to her immediate admis- Committee on Langston University School of Law, Jan. 19, 1948; Certificate, Board of Bar Examiners, sion, but they financially crippled Feb. 2, 1948; Certificate of Authority No. 9, Office segregated systems of education of the Governor, State of Oklahoma, Jan. 22, 1948. 8. Ada Lois Sipuel No. 14807, Transcript of Oral and served to crumble the walls Proceedings, May 24, 1948; Minute of the Court, of segregated graduate education, Sipuel v. Board of Regents, No: 14807, Aug. 2, 1948 a key steppingstone to Brown v. 9. Henry Foster, an OU College of Law professor, testified at the evidentiary hearing Board of Education. about Langston School of Law and whether it was

THE OKLAHOMA BAR JOURNAL MAY 2021 | 17 Black Legal History in Oklahoma Guinn v. U.S.: States’ Rights and the 15th Amendment By Anthony Hendricks

The first Oklahoma Legislature signs the first Jim Crow law on Dec. 18, 1907. Photo courtesy of the Oklahoma Historical Society.

18 | MAY 2021 THE OKLAHOMA BAR JOURNAL N WEDNESDAY, JAN. 20, 2021, JOSEPH BIDEN was sworn in as the 46th president Oof the United States of America.1 While several factors have been attributed to his victory, commentators have pointed to the high turnout of Black voters in states that were won in 2016 by former President Trump.2 The number of Black voters who were eligible to vote in the 2020 election was a record high of 30 million,3 and President Biden won 87% of the votes cast by Black voters.4 President Biden acknowledges Black voters’ role in his win in his victory speech, stating, “You’ve always had my back, and I’ll have yours.”5

While many are familiar with Pennsylvania, and Michigan, democrat-led state Legislature the role of the 15th Amendment was seen as casting doubt on the would enact Jim Crow laws.8 and the 1965 Voting Rights Act in validity of votes coming out of Jim Crow takes its name from providing access to the ballot for predominantly Black communi- derogatory slang used to refer to African Americans, the importance ties like Atlanta, Philadelphia, Black men and were sets of laws of the U.S. Supreme Court’s 1915 and Detroit. After decades of used to maintain segregation decision in Guinn v. United States6 fighting for voting rights, many and discriminate against African cannot be understated when exam- Black friends in Oklahoma saw Americans.9 To combat this, as ining the history of the Black vote. this as a direct attack on their part of its admission require- This little talked about appeal out right to vote, for their vote to ment, Oklahoma adopted a state of the state of Oklahoma may be matter, and even a belief that Constitution that allowed men even more relevant now. their votes made an election in of all races to vote, as required While the 2020 presidential our country illegitimate.7 under the 15th Amendment to election again pointed to the Black the U.S. Constitution.10 However, vote’s importance in American Any debate about election President Roosevelt’s fears came politics, it also renewed conver- security and integrity should true. From 1890 to 1957, Oklahoma sations about the fear of voter come from an understanding of passed 18 Jim Crow laws that suppression in the Black commu- our country’s suffrage movement, restricted education, marriage, nity. Oklahoma Senator James including the legacy of Guinn. travel, access to libraries and Lankford, in an open letter to voting.11 constituents regarding his deci- OKLAHOMA STATEHOOD Shortly after statehood, the sion to request an audit of the 2020 AND THE SUPPRESSION OF Oklahoma Legislature proposed presidential election, acknowl- THE BLACK VOTE an amendment to the state edged as much, writing: On Nov. 16, 1907, Oklahoma Constitution that would require was admitted into the Union as voters to satisfy a literacy test.12 What I did not realize was the 46th state. President Roosevelt The amendment provided that: all of the national conversa- was reluctant to approve Oklahoma tion about states like Georgia, statehood based on fears that the

THE OKLAHOMA BAR JOURNAL MAY 2021 | 19 No person shall be registered rights, the law aimed to exclude as an elector of this State or be Black voters without excluding allowed to vote in any election whites. The law accomplished held herein, unless he be able this without having to say the to read and write any section of bad parts out loud.21 the Constitution of the State of The Oklahoma Supreme Court Oklahoma; but no person who next pointed to the other states that was, on January 1, 1866, or any enacted restrictions on voting.22 time prior thereto, entitled to However, Oklahoma’s amendment vote under any form of gov- was considered “the most sweep- ernment, or who at that time ing attempt yet made constitu- resided in some foreign nation, tionally to include all whites and and no lineal descendant of such exclude all blacks from the priv- person, shall be denied the right ilege of voting.”23 The Oklahoma to register and vote because of Supreme Court also took issue with his inability to so read and write any claim that the constitutional sections of such Constitution. amendment was about discrim- Precinct election inspectors ination, arguing, “It is a matter having in charge the registra- of common knowledge that the tion of electors shall enforce the A.C. Hamlin became the first African population of this state is cosmo- provisions of this section at the American member of the Oklahoma politan, embracing people of every time of registration, provided Legislature in 1908. Photo courtesy creed and race from practically of the Oklahoma Historical Society. registration be required. Should every state in the Union.”24 The registration be dispensed with, predominately Black community Oklahoma Supreme Court’s deci- the provisions of this section in Logan County. However, after sion in Atwater stood for five years. shall be enforced by the precinct the Oklahoma literacy requirement, election officers when electors Hamilton lost reelection.17 This vot- GUINN V. U.S. – STATES apply for ballots to vote.13 ing restriction and other Jim Crow RIGHTS’ AND THE 15th laws also led to the decline in all- AMENDMENT The amendment required Black towns. Early Oklahoma was On Nov. 8, 1910, the day of the potential voters to be able to read home to 50 Black towns and settle- Oklahoma general election, C.W. and write “any section of the state ments, but many African Americans Stephenson, Alfred M. Keel, Green Constitution as a condition to left Oklahoma in response to the Baucom, Sam Fort, Fred McCann, voting.”14 However, this voting state’s Jim Crow laws.18 Oliver Andrews, Thomas Pettis restriction was not applied to all and W.T. Smith attempted to Oklahomans. A voter could be CHALLENGES TO OKLAHOMA’S vote.25 However, each of these exempt from the literacy require- GRANDFATHER CLAUSE African American voters, and ment if he could prove either that Oklahoma’s grandfather several others, were turned away his grandfathers had been vot- clause was quickly challenged by election officials Frank Guinn ers or had been citizens of some in state court. The Oklahoma and J.J. Beal.26 All these men were foreign nation before 1866.15 This Supreme Court in Atwater v. eligible to vote under Oklahoma’s “grandfather clause” meant that Hassett ultimately held the pro- original state Constitution. white illiterate men could vote, but vision did not violate the 14th However, the election officials, Black voters, who were primarily or 15th Amendments of the U.S. relying on the constitutional the descendants of slaves, were Constitution or Section 3 of the amendment, turned these voters required to take literacy tests. Enabling Act.19 The court started away and, in some instances, did The impact of this law was its analysis by arguing that both not allow them even to take the lit- felt immediately. A.C. Hamlin, the the Oklahoma Legislature and eracy test, even though Guinn and first African American member Oklahoma electors approved the Beal knew several of these voters of the Oklahoma Legislature, was amendment, and the law was not could have read or written the elected in 1908 before the Oklahoma discriminatory on its face.20 While state Constitution.27 Unfortunately, constitutional amendment was true, the voting restriction did not even if Black voters were allowed approved.16 He represented a explicitly limit African Americans’ to take the literacy test, they still

20 | MAY 2021 THE OKLAHOMA BAR JOURNAL may not have been able to vote Chief Justice White, writing the Legislature passed a new voting because the literacy tests that unanimous decision for the court, restriction that the U.S. Supreme states used were often difficult pointed out what the Oklahoma Court would find unconstitutional and, in some instances, described Supreme Court in Atwater ignored in Lane v. Wilson.36 But Guinn was as impossible.28 when examining the Oklahoma still a critical case. It was the first June 13, 1911, prosecutors amendment: case the National Association indicted Guinn and Beal for for the Advancement of Colored conspiracy “to deprive certain It is true it contains no express People (NAACP) filed an amicus negro citizens, on account of their words of an exclusion from the brief.37 The NAACP and NAACP race and color, of a right to vote standard which it establishes of Legal Defense Fund played a sem- at a general election held in that any person on account of race, inal role in numerous civil rights state in 1910, they being entitled color, or previous condition of cases and are still instrumental to vote under the state law, and servitude, prohibited by the in challenging new voting laws which right was secured to them 15th Amendment, but the stan- passed by states in 2021.38 by the 15th Amendment to the dard itself inherently brings Several states have recently Constitution of the United States.”29 that result into existence since passed or are in the process of Guinn and Beal were sentenced it is based purely upon a period passing new voter restriction and then appealed to the 8th of time before the enactment laws.39 These new laws include Circuit (the 10th Circuit Court of of the 15th Amendment, and additional voter identification Appeals was not created until 1929) makes that period the con- requirements, limit voting by and then the U.S. Supreme Court. trolling and dominant test mail40 and even punish people The Supreme Court con- of the right of suffrage.35 who provide voters waiting in sidered two questions. First, lines with water or food.41 These did Oklahoma’s grandfather Because the grandfather clause laws are presented as attempts clause, which unfairly singled picked a period before the 15th to stop fraud and expand voting out Black voters, violate the 15th Amendment existed, the clause had rights but are met with the same Amendment? Second, if the no other purpose but to keep Black type of criticism as voting laws grandfather clause language was people from voting. The Supreme in Guinn.42 The cost of Guinn was removed, can Oklahoma require Court struck down the Oklahoma heavy – disenfranchising Black literacy tests?30 Guinn and Beal amendment but did find that states voters and creating generations of argued states could create require- could require literacy tests. distrust and pain.43 States should ments and standards for voting, remember this cost when drafting and nowhere in the Oklahoma THE LEGACY OF GUINN new voting laws. amendment does it discriminate Victory for African American based on race, color or past servi- voters in the Guinn decision was tude.31 Instead, the federal gov- short-lived. In February 1916, a ernment is alleging the Oklahoma special session of the Oklahoma Legislature had a sinister motive to violate the 15th Amendment when it drafted the grandfather clause.32 The solicitor general did not dispute that states had the right to create rules related to voting But Guinn was still a critical case. It was the and did not challenge the literacy test’s validity. 33 Instead, the U.S. first case the National Association for the argued the grandfather clause, because it singles out Black vot- Advancement of Colored People (NAACP) filed ers, “re-creates and perpetuates the very conditions which the an amicus brief. [15th] Amendment was intended to destroy.”34 As a result, the Oklahoma amendment is void.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 21 ABOUT THE AUTHOR 17. Id. 18. Larry O’Dell, “All-Black Towns,” The Anthony Hendricks is Encyclopedia of Oklahoma History and Culture, a director at Crowe & www.okhistory.org/publications/enc/entry. php?entry=AL00. Dunlevy in its Oklahoma 19. 1910 OK 299, 27 Okla. 292, 111 P. 802. City office. He is a litigator 20. 1910 OK 299, ¶¶20-21, 27 Okla. 292, 111 P. 802. and legal problem solver 21. Harry F. Tepker Jr., The Dean Takes His who guides clients facing sensitive Stand: Julien Monnet’s 1912 Harvard Law Review Article Denouncing Oklahoma’s Discriminatory regulatory, cybersecurity, banking Grandfather Clause, 62 Oklahoma Law Review and environmental compliance 427, 430-431 (2010). 22. Atwater v. Hassett 1910 OK 299, ¶¶27-29, issues. He is a graduate of Howard 27 Okla. 292, 111 P. 802. University and Harvard Law School. 23. Harry F. Tepker Jr., The Dean Takes His Stand: Julien Monnet’s 1912 Harvard Law Review Article Denouncing Oklahoma’s Discriminatory Grandfather Clause, 62 Oklahoma Law Review ENDNOTES 427, 431 (2010). 1. Toluse Olorunnipa and Annie Linskey 24. Atwater v. Hassett 1910 OK 299, ¶34, 27 “Joe Biden is sworn in as the 46th president, Okla. 292, 111 P. 802. pleads for unity in inaugural address to a divided 25. Guinn v. United States, 228 F. 103, 104- nation,” The Washington Post, Jan. 20, 2021, at 105 (8th Cir. 1915). www.washingtonpost.com/politics/joe-biden- 26. Id. sworn-in/2021/01/20/13465c90-5a7c-11eb-a976- 27. Id. at 109-111. bad6431e03e2_story.html. 28. Rebecca Onion “Take the Impossible 2. Eugene Scott “Black voters delivered ‘Literacy’ Test Louisiana Gave Black Voters in Democrats the presidency. Now they are the 1960s,” Slate, June 28, 2013, at slate.com/ caught in the middle of its internal battle,” human-interest/2013/06/voting-rights-and-the- The Washington Post, Nov. 14, 2021, at www. supreme-court-the-impossible-literacy-test- washingtonpost.com/politics/2020/11/14/black- louisiana-used-to-give-black-voters.html. voters-delivered-democrats-presidency-now- 29. Guinn v. United States, 238 U.S. 347, 353 they-are-caught-middle-its-internal-battle. (1915). 3. Abby Budiman “Key facts about Black 30. Id. at 356-357. eligible voters in 2020 battleground states,” Pew 31. Id. at 358-359. Research, Oct. 21, 2020, at www.pewresearch. 32. Id. org/fact-tank/2020/10/21/key-facts-about-black- 33. Id. at 359-360. eligible-voters-in-2020-battleground-states. 34. Id. at 360. 4. Teresa Wiltz “2020: The Year Black Voters 35. Id. at 364-365. Said, ‘Hold Up’,” Politico Magazine, Jan. 2, 2021, 36. 307 U.S. 268 (1939). at www.politico.com/news/magazine/2021/01/02/ 37. “NAACP Brief History,” Voice of America, black-americans-power-2020-453345. July 11, 2012, at www.voanews.com/archive/ 5. John Eligon and Audra D. S. Burch “Black naacp-brief-history. Voters Helped Deliver Biden a Presidential Victory. 38. “LDF Issues Statement on Georgia’s Now What?,” The New York Times, Nov. 11, 2020, Voter Suppression Bill, S.B. 202, Being Signed at www.nytimes.com/2020/11/11/us/joe-biden- Into Law” NAACP Legal Defense Fund, March 25, black-voters.html. 2021, at naacpldf.org/press-release/ldf-issues- 6. 238 U.S. 347 (1915). statement-on-georgias-voter-suppression-bill- 7. Letter from James Lankford to my North s-b-202-being-signed-into-law. Tulsa Friends, Jan. 14, 2021, bloximages.newyork1. 39. “Voting Laws Roundup: February 2021” vip.townnews.com/tulsaworld.com/content/tncms/ Brennan Center for Justice, Feb. 8, 2021, at www. assets/v3/editorial/3/f0/3f0cb70a-56c8-11eb- brennancenter.org/our-work/research-reports/ bed6-2b558d2cd9e6/6000e17deb73e.pdf.pdf. voting-laws-roundup-february-2021. 8. Frank Keating, “Frank Keating: Honoring 40. Id. A.C. Hamlin would right an embarrassing wrong,” 41. Sanya Mansoor “Georgia Has Enacted The Oklahoman, July 8, 2020, at oklahoman.com/ Sweeping Changes to Its Voting Law. Here’s article/5666249/frank-keating-honoring- Why Voting Rights Advocates Are Worried,” Time ac-hamlin-would-right-an-embarrassing-wrong. Magazine, March 25, 2021, at time.com/5950231/ 9. “A Brief History of Jim Crow Laws” georgia-voting-rights-new-law. USC Gold School of Law, at onlinellm.usc. 42. Amy Gardner and Amy B. Wang edu/a-brief-history-of-jim-crow-laws. “Georgia governor signs into law sweeping 10. Dianna Everett, “Enabling Act, 1906,” The voting bill that curtails the use of drop boxes and Encyclopedia of Oklahoma History and Culture, imposes new ID requirements for mail voting,” at www.okhistory.org/publications/enc/entry. Washington Post, March 25, 2021, at www. php?entry=EN001. washingtonpost.com/politics/georgia-voting- 11. “Jim Crow Laws in Oklahoma,” The restrictions/2021/03/25/91009e72-8da1-11eb- Oklahoman, Feb. 13, 2005, at oklahoman.com/ 9423-04079921c915_story.html. article/2884332/jim-crow-laws-in-oklahoma. 43. Russ Bynum, Kate Brumback and Jeff 12. Guinn v. United States, 238 U.S. 347, 355 Martin “History, mistrust spurring Black early (1915). voters in Georgia,” Associated Press, Oct. 14, 13. Id. at 357-358. 2020, at apnews.com/article/election-2020-virus- 14. Id. outbreak-race-and-ethnicity-voting-health- 15. Id. 6fcec151a2c53ff7a39a0a5d90cdc878. 16. Michael L. Bruce, “Hamlin, Albert Comstock,” The Encyclopedia of Oklahoma History and Culture, www.okhistory.org/ publications/enc/entry.php?entry=HA015.

22 | MAY 2021 THE OKLAHOMA BAR JOURNAL

Black Legal History in Oklahoma The Tulsa Race Massacre: Echoes of 1921 Felt a Century Later By John G. Browning

CENTURY AGO THIS MONTH, the thriving African American business district in ATulsa – Greenwood, often referred to as “Black Wall Street” – was home to five hotels, 31 restaurants, four drugstores, eight doctors’ offices, a hospital, 12 churches, law offices, a school, multiple grocery stores and other businesses. But when a young, Black man was arrested and jailed over the questionable accusation of assaulting a young, white woman, it proved to be the spark that ignited one of the ugliest, most devastating episodes of racial violence in American history.

In the smoldering embers discussion of the Tulsa Race But what led up to this tragedy? of what we now refer to as the Massacre as we mark its centennial – African Americans, whether they Tulsa Race Massacre, hundreds amidst a national discussion of were descended from enslaved of Black citizens lay dead, and as race relations and racial justice – persons who had journeyed to many as 10,000 others were left is critical to heeding Santayana’s Oklahoma on the Trail of Tears homeless. Contemporary photos famed admonition that those who with Native American tribes like of Greenwood itself resembled do not remember the past are con- the Cherokee, Creek, Choctaw, Dresden, Germany, after the fire demned to repeat it. Seminole and Chickasaw, or bombings of World War II air raids. As two of the preeminent whether they were settlers seek- More than 35 square city blocks historians to study this event, John ing their fortune in the decades were destroyed. The exact number Hope Franklin and Scott Ellsworth, following the Civil War, viewed of dead and the location of many of have noted: the “Twin Territories” as a land their remains is still unknown. of equal opportunity. As lawyer But perhaps equally shocking The story of the Tulsa race riot Edward McCabe, founder of the is the fact that for decades after- is a chronicle of hatred and fear, all-Black town of Langston put ward, Tulsa itself seems to have of burning houses and shots it, the Oklahoma Territory was a buried something else: the truth fired in anger, of justice denied place where “the colored man has and scope of what happened. and dreams deferred. Like the the same protection as his white Until recent years, this horrific bombing of the Murrah Federal brother.”2 Prior to statehood, both event seems to have been willfully Building some seventy-three “freedmen” and Blacks without forgotten, and it was common years later, there is simply no Native American ancestry were to encounter whites and Blacks denying the fact that the riot able to accumulate wealth, both alike who had never heard of or was a true Oklahoma tragedy, through allotments of land that been taught about the Tulsa Race perhaps our greatest.1 turned out to be oil rich and sheer Massacre. As this article shows, hard work and entrepreneurial

24 | MAY 2021 THE OKLAHOMA BAR JOURNAL National Guard Troops escort unarmed African American men after the Tulsa Race Massacre. Photo courtesy of the Oklahoma Historical Society. spirit. The discovery of the mas- whose expertise would prove Crow segregation and the sive Glenn Pool oil reservoir led critical in the aftermath of the inability of Black folks to par- to a boom that transformed Tulsa massacre; and newspaperman A.J. ticipate to a substantial degree practically overnight. Tulsa’s white Smitherman, owner of the Tulsa in the larger white-dominated population quadrupled to more Star. Greenwood had its own hos- economy. 3 than 72,000 between 1910 and 1920, pital, numerous churches and an while the Black population swelled array of salons, shops and restau- However, the dream of Black from 2,000 to 9,000. And while rants, serving over 11,000 people. success and wealth-building was the oil industry work itself largely While white Tulsans derisively regularly interrupted by racial excluded African Americans, the referred to Greenwood as “Little conflict. Black veterans who had wealth changing Tulsa into “The Africa” (or worse), the district served overseas in World War I Magic City” spawned economic had earned its national moniker: and experienced life outside of Jim opportunities for the city’s rapidly “Black Wall Street.” Crow restrictions came home to a growing African American popu- As Tulsa-based historian society that viewed them as infe- lation as well. Hannibal B. Johnson, author of riors. During the “Red Summer” The Greenwood District lured Black Wall Street and other books of 1919, race riots erupted in more such businesspeople as lawyer about Greenwood, points out: than 30 cities across the United and real estate agent J.B. Stradford, States. In Tulsa, J.B. Stradford who built the luxurious three- Greenwood was perceived as found his wealth didn’t prevent story, 68-room Stradford Hotel; a place to escape oppression – him from being forced to sit in John and Loula Williams, who economic, social, political a “Jim Crow” car as a paying owned several businesses, includ- oppression – in the Deep passenger on the Midland Valley ing the Dreamland Theater; grocer South. It was an economy born Railroad; he took his case to the and real estate developer O.W. of necessity. It wouldn’t have Oklahoma Supreme Court and Gurley; B.C. Franklin, a lawyer existed had it not been for Jim lost.4 And with plummeting oil

THE OKLAHOMA BAR JOURNAL MAY 2021 | 25 prices in 1921, once-prosperous Patrolman Henry Pack, one of the residents of Greenwood arrived whites simmered with resentment few African Americans on Tulsa’s later. As the crowd swelled and at the success of Greenwood’s 75-man police force. Rowland was the tension mounted, a scuffle business community. booked at police headquarters broke out when a member of the By May 30, 1921, what had before being placed in the jail at white mob grabbed the weapon of been simmering boiled over with the Tulsa County Courthouse’s a Black veteran. A shot rang out, the accusation that 19-year-old top floor. By the afternoon, word and chaos ensued. Greenwood Black resident Dick Rowland had had spread to Tulsa’s main news- residents tried to fight back, assaulted 17-year-old Sarah Page, paper, the Tulsa Tribune, and the but they were battling not only a white elevator operator at the result was a front-page story titled superior numbers but advanced Drexel Building at 319 S. Main St. “Nab Negro for Attacking Girl in weaponry as well. The white Rowland, a shoeshiner, appar- Elevator.”6 An inflammatory edito- mob employed machine guns to ently stumbled while entering or rial, purportedly titled “To Lynch deadly effect, along with biplanes exiting the elevator, causing him Negro Tonight,” also ran in this (possibly belonging to a local oil to inadvertently grab Page’s arm. edition, further fanning the flames company) that dropped incendi- The young woman screamed, of mob sentiment.7 ary turpentine bombs that set the causing a clerk at Renberg’s (a Dreading the potential for Greenwood district ablaze. clothing store on the first floor of violence, Black community lead- B.C. Franklin would later vividly the Drexel Building) to rush to ers met at A.J. Smitherman’s recall the aerial assault: investigate. That clerk summoned newspaper office to discuss a the police, jumping to the conclu- response. Some recommended I could see planes circling in sion that Rowland had attempted patience based on Sheriff Willard mid-air. They grew in num- to assault Page. No record exists McCullough’s promise to pro- ber and hummed, darted, and of what Sarah Page actually told tect Rowland. But a white mob dipped low. I could hear some- the police when interviewed, but had already gathered outside the thing like hail falling upon the whatever was said doesn’t seem courthouse where Rowland was top of my office building. Down to have spurred the police into being held. Fearing the worst, East Archer, I saw the old Mid- anything but “a rather low-key a group of at least 25 African Way hotel on fire, burning from investigation into the affair.”5 American armed residents – many its top, and then another and The next morning, May 31, 1921, of them World War I veterans car- another and another building Rowland was arrested by two Tulsa rying their military small arms – began to burn from their top.8 police officers – Detective Henry marched to the courthouse to aid Carmichael, who was white, and in protecting Rowland. More Black

I could see planes circling in mid-air. They grew in number and hummed, darted, and dipped low. I could hear something like hail falling upon the top of my office building. Down East Archer, I saw the old Mid-Way hotel on fire, burning from its top, and then another and another and another building began to burn from their top.

26 | MAY 2021 THE OKLAHOMA BAR JOURNAL As many as 10,000 people were other businesses – in all, 35 square Agitators Blamed for Riot.”12 in the white mob that stormed blocks were destroyed. In today’s Mayor T.D. Evans’ sentiments the Greenwood district, including dollars, estimates of the property were typical, saying, “Let the not only armed white men but losses range from $20 million to blame for this Negro uprising lie women, children and members of more than $200 million.10 right where it belongs – on those the National Guard, police depart- In the aftermath, many Black armed Negroes and their follow- ment and sheriff’s department. A residents were detained in make- ers who started this trouble … ”13 white Tulsa resident, Ruth Sigler shift internment camps. Even after Indeed, the grand jury that was con- Avery, would later recount some of order was restored, it was official vened (and which issued its report on June 25, 1921) echoed the one- sided, laughably incredible white Tulsa interpretation of the massacre, pointing to “agitation among the Negroes for social equality” as the chief cause.14 No white person was ever arrested or brought to justice for crimes during the massacre; instead, Black residents (including J.B. Stradford, who relocated to Chicago) were charged with inciting a riot. None were prose- cuted. Incredibly, the indictments of A.J. Smitherman and 55 others charged with inciting the riot remained on the books until a University of Buffalo historian, Barbara Seals Nevergold, pressed Tulsa County District Attorney Tim Harris to dismiss the baseless charges, something he did in a Iron bed frames lay in the rubble of burned buildings after the riot on June 1, 1921. 2007 ceremonial hearing.15 Photo courtesy of the Oklahoma Historical Society. Adding to the tragedy, city the grisly sights she witnessed as policy to release a Black detainee officials sought to prevent a girl, including the “cattle trucks only upon the application of a Greenwood residents and business heavily laden with bloody, dead, white person. Some leading white owners from rebuilding by pass- black bodies. They looked like citizens expressed remorse, like ing a fire zoning ordinance just they had been thrown upon the Bishop Mouzon: six days after the massacre that truck beds haphazardly for arms specified expensive new building and legs were sticking out through Civilization broke down in materials and standards, which the slats.”9 Tulsa. I do not attempt to place would make it cost prohibitive to By daybreak on June 1, 1921, the blame, the mob spirit broke rebuild. Practicing out of a tent, the catastrophic toll was evident. and hell was let loose. Then B.C. Franklin and other Black As many as 300 people were dead, things happened that were on a lawyers fought to strike down the at least 800 more wounded and footing with what the Germans oppressive ordinance. They sought most of the community’s 10,000 did in Belgium, what the Turks injunctive relief and won. Later, residents were rendered home- did in Armenia, what the the Oklahoma Supreme Court less. More than 1,100 homes were Bolsevists [sic] did in Russia.11 held that the ordinance “consti- burned (another 314 were looted tuted an invalid taking of prop- but not burned), along with five Despite such sentiments, the erty without due process of law.”16 hotels, 31 restaurants, a school, title of the clergyman’s sermon Ironically, some of the most eight doctor’s offices, Greenwood’s reveals what he and Tulsa’s white complete documentation of the only hospital, two theaters, a establishment were identifying as Tulsa Race Massacre is available dozen churches and dozens of the cause of the massacre: “Black thanks to an otherwise obscure

THE OKLAHOMA BAR JOURNAL MAY 2021 | 27 from the south side, did not help Greenwood. In Tulsa today, where African American residents experience higher rates of unemployment and lower life expectancies, Mayor G.T. Bynum has acknowledged “the racial and economic disparities that still exist today can be traced to the 1921 race massacre.”23 In 1997, an 11-member “Tulsa Race Riot Commission” was formed and charged with devel- oping a historical record of the massacre. In 2001, the commission issued its report, recommending, among other things, that the state Legislature, governor and Tulsa’s mayor and city council make payment of reparations to survivors Many Black Tulsa lawyers practice out of tents after their offices were destroyed and their descendants. Shortly after during the riot. Photo courtesy of the Oklahoma Historical Society. this report was released, Oklahoma Oklahoma Supreme Court case disappeared, inflammatory news- lawmakers passed the “1921 Tulsa arising out of an insurance cover- paper articles were cut out and Race Riot Reconciliation Act.”24 age dispute.17 William Redfearn victims were buried in unmarked While it adopted many of the was a white man who owned two graves.19 As one historian of findings of the commission, the buildings in Greenwood, the Dixie the massacre, Scott Ellsworth, legislation did not provide finan- Theatre and the Red Wing Hotel, observed, “What happens fairly cial compensation to survivors of both of which were destroyed in rapidly is this culture of silence the massacre or their descendants. the massacre. They were insured descends, and the story of the riot And in fall 2001, then-Governor for a total of $19,000, but American becomes actively suppressed.”20 Frank Keating dismissed the Central Insurance Co. refused notion of any state culpability in to pay based on a riot exclusion JUSTICE DENIED the massacre, insisting that paying clause in the policies. Redfearn OR DELAYED? reparations would be prohibited sued, lost at trial and appealed all According to the 2001 under Oklahoma law.25 the way to the Oklahoma Supreme Commission Report, Tulsa residents In 2003, a legal team that Court. Although Redfearn lost, filed $1.8 million in riot-related included Johnnie Cochran Jr. the briefing and record of the claims against the city between and Harvard law professor case – which includes hundreds of June 14, 1921, and June 6, 1922. Charles Ogletree sued the state of pages of eyewitness testimony and Virtually all were disallowed, with Oklahoma, the city of Tulsa and the other documentation – provides one notable exception: A white Tulsa police department on behalf valuable insight into the massacre, resident obtained compensation of more than 200 survivors and especially the culpability of the for guns taken from his shop.21 Of their descendants, seeking “resti- Tulsa police department and their the lawsuits that were filed, none tution and repair.” But in March “special deputies” who joined in went anywhere, and in 1937, Judge 2004, the U.S. District Court for the the destruction and violence.18 Bradford J. Williams summarily dis- Northern District of Oklahoma – The Redfearn case is noteworthy missed most of those that were still noting that it took “no comfort for the information it provides in languishing on the dockets. While or satisfaction in the result” – part because of the active cam- some business owners persevered dismissed the case on limitations paign Tulsa’s leaders embarked and managed to reopen venues grounds.26 Similarly taking “no upon in the wake of the massa- like the Dreamland Theater, many great comfort,” the 10th Circuit cre to erase the event from the simply could not.22 The “urban affirmed that dismissal later that historical record. Police and fire renewal” that brought Interstate year.27 The following year, the U.S. department records mysteriously 244 to Tulsa, splitting the north side Supreme Court declined to review

28 | MAY 2021 THE OKLAHOMA BAR JOURNAL 28 the case. Despite such setbacks and ENDNOTES 17. Redfearn v. Am. Central Ins. Co., 243 P. inspired by Oklahoma’s success in 1. John Hope Franklin & Scott Ellsworth, 929 (Okla. 1926). History Knows No Fences: An Overview, in Tulsa 18. For an excellent account of this case and suing opioid manufacturers under a Race Riot: A Report by the Oklahoma Commission its value as a lens into the massacre’s origin and “public nuisance” theory of recov- to Study the Tulsa Race Riot of 1921, at 32 (Feb. 28, progress, see Alfred Brophy, “The Tulsa Race 2001) [hereinafter Tulsa Race Riot Report]. Riot of 1921 in the Oklahoma Supreme Court,” 54 ery in 2019, the last living massacre 2. Victor Luckerson, The Promise Okla. L. Rev. 67 (2001). survivors and descendants filed a of Oklahoma, Smithsonian (Apr. 2021), 19. Brakkton Booker, Scientists Discover www.smithsonianmag.com/history/ Unmarked Coffins During Search for 1921 Tulsa lawsuit in 2020 against the city of unrealized-promise-oklahoma-180977174. Massacre Victims, NPR.org (Oct. 23, 2020), Tulsa and several other defendants. 3. Antoine Gara, The Bezos of Black Wall Street, www.npr.org/sections/live-updates-protests- Forbes (June 18, 2020), www.forbes.com/sites/ for-racial-justice/2020/10/23/927265545/ That lawsuit is still pending. antoinegara/2020/06/18/the-bezos-of-black-wall- scientists-discover-unmarked-coffins-during- street-tulsa-race-riots-1921/?sh=62519b40f321; see search-for-1921-tulsa-massacre-victi#:~:text= also Hannibal B. Johnson, Black Wall Street: From Researchers%20in%20Tulsa%2C%20Okla.% CONCLUSION Riot to Renaissance in Tulsa’s Historic Greenwood 2C,the%20city%2Downed%20Oaklawn% The memories of the shame- District (Sept. 1, 1998). 20Cemetery. 4. Stratford v. Midland Valley R.R. Co., 128 P. 20. Maggie Astor, “What to Know About the ful legacy of the Tulsa Race 98, 99, 36 Okla. 127 (Okla. 1921). The case style Tulsa Greenwood Massacre,” N.Y. Times (June 20, Massacre are not just being kept misspells his name, though Stradford’s father had 2020), www.nytimes.com/2020/06/20/us/tulsa- been emancipated in Stratford, Ontario. greenwood-massacre.html. alive in the courtroom, however. 5. Scott Ellsworth, The Tulsa Race Riot, in 21. Larry O’Dell, Riot Property Loss, in Tulsa The 1921 Tulsa Race Massacre Tulsa Race Riot Report, supra note 1. Race Riot Report, supra note 1. 6. We only know this thanks to a graduate 22. Id. Centennial Commission, an student in history named Loren Gill, who did his 23. Bloomberg Philanthropies Announces organization working with the 1946 master’s thesis at TU on the massacre. Gill City of Tulsa Will Receive $1 Million for Public found an extant copy of the article, despite the fact Art Project Honoring America’s First “Black city and other civic partners, has the original bound volumes of the now-defunct Wall Street,” Bloomberg Philanthropies planned a 10-day commemora- newspaper had the May 31 front page and editorial (Jan. 15, 2019), www.bloomberg.org/press/ tion starting on May 26, 2021. At page deliberately torn out (a microfilm copy of bloomberg-philanthropies-announces-city-tulsa- the paper exists, but the pages in question were will-receive-1-million-public-art-project-honoring- the intersection of Greenwood removed before the microfilming was done). americas-first-black-wall-street. Avenue and Archer Street, a 7. Like the front page, the editorial page was 24. 1921 Tulsa Race Riot Reconciliation Act of torn from the surviving paper, and therefore, its 2001, Okla. Sess. L. Serv. Ch. 315 (West) (codified state-of-the-art history center exact content is subject to conjecture. However, at Okla. Stat. Ann. Tit. 74, 8000.1(3) (2002)). called “Greenwood Rising” will multiple witnesses recalled the editorial discussing 25. Adrian Brune, Tulsa’s Shame, THE a potential lynching. See Franklin & Ellsworth, NATION (Feb. 28, 2002), www.thenation.com/ 29 be dedicated on June 2, 2021. supra note 1, at 59. article/archive/tulsas-shame. On an exterior wall of the center 8. The Tulsa Race Riot and Three of Its Victims, 26. Alexander v. Oklahoma, U.S. Dist. LEXIS Manuscript of B.C. Franklin (original in National 5131, at 3 (N.D. Okla. March 19, 2004). will be a fitting quote from writer Museum of African American History and Culture, 27. Alexander v. Oklahoma, 382 F.3d 1206, and civil rights activist James Washington, D.C.), excerpted in Allison Keyes, 1220 (10th Cir. 2004). A Long-Lost Manuscript Contains a Searing 28. Alexander v. Oklahoma, 544 U.S. 1044 Baldwin that should answer any Eyewitness Account of the Tulsa Race Massacre (2005), cert. denied; Chris Casteel & Jay Marks, lingering question of why it is so of 1921, Smithsonianmag.com (May 27, 2016). “Race-Riot Recourse Blocked, Supreme 9. Ruth Avery, Fear: The Fifth Horseman, Oral Court Refuses Appeal After Decision,” The important to remember this dark History (quoted in Tulsa Race Riot Report, supra Oklahoman (May 17, 2005), www.oklahoman.com/ episode in Oklahoma history: note 1). article/2896719/race-riot-recourse-blocked- 10. Clark Merrefield, The 1921 Tulsa Race br-supreme-court-refuses-appeal-after-decisions. “Not everything that is faced can Massacre and the Financial Fallout, Harv. Gazette 29. Tim Madigan, “Remembering be changed, but nothing can be (June 18, 2020), news.harvard.edu/gazette/ Tulsa: American Terror,” Smithsonian (April story/2020/06/the-1921-tulsa-race-massacre- 2021), www.smithsonianmag.com/history/ changed until it is faced.” and-its-enduring-financial-fallout/ (citing Chris tulsa-race-massacre-century-later-180977145. Messer, Thomas Shriver & Alison Adams, The Destruction of Black Wall Street: Tulsa’s 1921 Riot and the Eradication of Accumulated Wealth, AM. ABOUT THE AUTHOR J. Economics & Sociology (Oct. 2018)). 11. “Black Agitators Blamed for Riot,” Tulsa John Browning is a World, June 6, 1921, at 1. partner in the Plano, 12. Id. 13. “Public Welfare Board Vacated by Texas, office of Spencer Commission,” Tulsa Trib., June 14, 1921, at 2. Fane and is a former 14. “Grand Jury Blames Negroes for Inciting justice on Texas’ 5th Race Rioting,” Tulsa World, June 26, 1921, at 1. 15. Jay Rey, “Justice Delayed But, at Last, Not Court of Appeals. He is the author Denied Thanks to a UB Historian, Vindication For of five law books and numerous a Newsman Indicted in Tulsa Race Riot,” Buffalo News (Dec. 11, 2007), buffalonews.com/news/ articles, including many on African justice-delayed-but-at-last-not-denied-thanks-to- American legal history and has a-ub-historian-vindication-for-a/article_4b7f0d85- 4c84-5d59-84cc-60f51d4beaba.html. received Texas’ top awards for 16. Scott Ellsworth, Death in a Promised legal writing, legal ethics and Land: The Tulsa Race Riot of 1921 (Jan. 1, 1992). The idea of takings claims as a means of redress contributions to CLE. for race riots has been advanced by at least one scholar. See Melissa Fussell, “Dead Men Bring No Claims: How Takings Claims Can Provide Redress for Real Property Owning Victims of Jim Crow Race Riots,” 57 WM. & Mary L. Rev. 1913 (2016).

THE OKLAHOMA BAR JOURNAL MAY 2021 | 29 Black Legal History in Oklahoma Oklahoma’s Embrace of the White Racial Identity By Danne L. Johnson and Pamela Juarez

HE LAND THAT IS NOW OKLAHOMA was added to the United States as part of Tthe Louisiana Purchase of 1803. In 1830, Congress passed the Indian Removal Act, which forced the Eastern Woodlands Indian tribes from their homelands and into “Indian Territory,” an area that eventually became Oklahoma, the journey, is known as the “Trail of Tears.” Simultaneously, the demand for ranching and pasture lands began to increase, and the government eventually opened the Indian Territory to settlement. This opening is commonly known as the “land run.” Oklahoma became the 46th state in 1907, following several acts that incorporated more and more Indian Territory into the United States. Oklahoma became a center for oil production, with much of the state’s early growth coming from that industry. During the 1930s, Oklahoma suffered from droughts and high winds, destroying farms and creating the infamous Dust Bowl of the Great Depression era. So goes the story of Oklahoma.

This common recitation of control in the territory destined to challenges presented in the new Oklahoma’s early history is void of become Oklahoma. economy. Over time, these poli- the stories of how popular theories Racial whiteness was developed cies created a white identity that of manifest destiny guided efforts in the U.S. colonies in the late 1600s prevented white tradesmen from to colonize the people on the land and early 1700s. Prior to that time, educating nonwhites. and establish white supremacy.1 white was not a unifying identity. During the 1800s, white iden- Indigenous people lived on and uti- Laws differentiating jobs and rights tity was strengthened through lized the land and resources of what in accordance with white as a racial minstrel shows and negative was to become Indian Territory identity came into existence during literary portrayals of Africans and before Oklahoma would be estab- that time. Low- and no-wage labor- their descendants.2 The character lished. The indigenous people were ers were separated by race, with traits of newness, cleanliness and from numerous tribes, each having European laborers accorded white rugged individuality defined the a unique culture and way of life. As skin privileges and certain benefits new white identity and stood in a result of the Louisiana Purchase, while free or indentured Africans, contrast to Africans, their descen- these lands became a part of the their descendants and other labor- dants and other nonwhites who United States’ westward expansion. ers were subjected to more restric- were generally cast as lazy, highly Anti-Blackness and discrimina- tive laws and harsher punishments. sexualized, communal, dishonest, tion were not created in Oklahoma, Even with white skin privileges, dirty, dumb and sinister. rather they arrived with people, European laborers experienced The benefits and privileges “new white” Americans and indig- limited social mobility; however, accorded to the newly created enous people from the southern the skin color hierarchical system white racial identity can be exam- states, who had learned, observed, prevented the low- and no-wage ined through the experience of practiced and sought to perfect laborers from uniting across their Irish immigrants in the late 1800s. white supremacy or other forms of skin color differences to combat the The Irish, Africans and African

30 | MAY 2021 THE OKLAHOMA BAR JOURNAL descendants lived and worked arrived in Oklahoma as part of the was concentrated in the hands of a in common areas in the northern Indian Removal Act. The Indian small number of wealthy farmers. United States. It is theorized the Removal Act was applied to the Accounts of the indigenous practice term “mulatto” appears in the 1850 Choctaw, Chickasaw, Cherokee, of enslavement focus on keeping census for the first time due to Irish Creek and Seminole tribes. It is enslaved families intact and are and African or African descendant estimated that 10-18% of each generally viewed as less physically intermixing. In addition, there is a impacted tribe’s population was abusive. This may be true, but the rich body of literature that supports enslaved Africans and enslaved degraded status of slavery is intol- the unity and camaraderie between African descendants. It is esti- erable to those who are enslaved. In those two communities initially.3 mated in 1861 there were more 1842, there was a failed slave revolt However, by the late 1800s, the than 8,000 enslaved Africans and in Indian Territory, where less than Irish struggled to take on and enslaved African descendants in 50 enslaved Africans and enslaved assert a new white identity for job Indian Territory, an estimate of African descendants attempted to security and status. These efforts free Africans and free African flee from the Cherokee to Mexico. involved discriminating against descendants is unavailable. In 1866, slavery was ended in Indian their former friends and failing Numerous accounts trace Territory by treaty with the U.S.4 to support the causes that once indigenous ownership of Africans In 1889, the Indian Territory united them. The Irish distanced and African descendants to the was opened by the U.S. govern- themselves from Africans and encouragement by nonindigenous ment to settlement. People from African descendants by siding with people in the southernmost states. all over the U.S. and beyond came anti-abolitionists and joining white As with the institution of slavery in to settle in Indian Territory. The supremacists. A similar homoge- most of the U.S., slave ownership process further marginalized nization process was experienced by other European ethnic minorities as they sought their fortune in the U.S. These European ethnic minorities gave up their traditional foods, dress and culture to adopt a “whiter” version of themselves. As southern whites clamored for more land, the government acted to forcibly remove the indigenous people. In 1830, free Africans and free African descendants, enslaved Africans and enslaved African descendants traveling with indigenous owners, neighbors and relatives from Following the Land Run, people set up tents along a dirt street on April 27, 1889. Georgia, Florida and Mississippi Photo courtesy of the Oklahoma Historical Society

THE OKLAHOMA BAR JOURNAL MAY 2021 | 31 indigenous people in Indian and Boynton in 1904.6 Following Section 11 of Article XXIII of the Territory. This unique blend of the patterns of neighboring states, Oklahoma Constitution similarly Africans, African descendants, and prior to statehood, Oklahoma discussed only two races, “col- indigenous people and a variety of enacted two racial segregation ored” or “negro” and all others as European people from across the laws covering education.7 white. In 1907 and 1908, Oklahoma United States and abroad created In 1907, Oklahoma achieved enacted five additional racial a dynamic and sometimes volatile statehood, and in that same year, a segregation measures covering racial and ethnic mixture. Indian preliminary census showed a pop- voting, public education, railroads territory did not somehow escape ulation of 1,414,177 – compromised and miscegenation.9 the development of skin color hier- of 86.8% “white,” 7.9% “Negro,” After statehood, in addition to archy, rather the white racial iden- 5.3% “Indian” and less than 1% laws enforcing racial segregation, tity was bolstered through violence “Mongolian.”8 The Oklahoma violence took on a more prominent and segregation. Prior to state- Constitution identified two races role. Lynching had taken place in hood, nearly a dozen communities in Article XV, the section for sep- Oklahoma from 1893–1895, with experienced incidents of racial arate schools, the white race and cattle or horse theft and robbery violence.5 In each instance, the the colored race, defining the term noted as the main offenses.10 After goal was to punish or run-away “colored” as all persons of African statehood, lynching was reserved Africans or African descendants: descent who possess any quan- primarily for Africans and African Berwyn in 1895, Lawton in 1902 tum of negro blood. In addition, descendants.11

A Black man holds up a sign in Oklahoma City on Aug. 17, 1960. Photo courtesy of the Oklahoma Historical Society.

32 | MAY 2021 THE OKLAHOMA BAR JOURNAL descent, was riding the elevator she operated.18 It is uncertain what happened; however, the following day, The Tulsa Tribune reported that Rowland had attempted to rape Page.19 The article was titled “Nab Negro for Attacking Girl in Elevator.” That evening hundreds of whites gathered outside the Tulsa County Courthouse, demanding Rowland be turned over to them, but the sheriff refused. On May 31, 1921, whites destroyed more than 1,000 homes and businessesin the district where people of African descent thrived, and an estimated 300 Oklahomans died. Oklahoma’s turbulent racial history, unfortunately, casts a shadow over into our racial present. “The past is never dead, it’s not even past.”20 Oklahoma’s population is just shy of 4 million people: 74% white, 11.1% Latino,7.8% African American, 9.4% Indigenous, 2.4% Asian, 0.2% Pacific Islander and Two Black children observe a civil rights protest at Bishop’s Restaurant in Oklahoma 6.3% identify as being of two or City on May 31, 1963. Photo courtesy of the Oklahoma Historical Society. more races.21 However, in over 100 The first lynching of a man of Few Oklahoma cases take years of statehood, racial oppres- African descent happened on up the task of defining race, but sion and inequality are persistent December 27, 1907, in Henryetta. those that do are inconsistent and pervasive. Using these census Gordon, a man of African and focus on miscegenation, land numbers as a backdrop, racial descent, was arrested for shoot- transfer and one issue of libel inequality and disparate impacts, ing Bates, a white man, during related to racial misidentification.14 in almost every facet of life an argument. When news of the Oklahoma case law allowed the and measures of wellbeing, murder made its way to whites, construction of racial identity are documented.22 hundreds stormed the jail, took based on skin color, community Gordon, lynched him from a opinion and assumptions. These CONCLUSION telephone pole, and used his methods further embed notions of We need look no further than body as target practice. Within skin color hierarchy, white passing the Oklahoma bar to find racial- two days, the whites burned and related familial disruption. ized disparities. The state is 26% the residential district where Oklahoma’s history is peppered nonwhite, and Oklahoma law the people of African descent with cautionary tales of racial terror, schools approach or exceed that resided and established a race-mixing, racism including figure.23 However, among major “sundowner” law.12 sundown town,15 whipping par- firms in Oklahoma, there are very ties,16 lynching and Klan activity.17 few nonwhites at the partnership From 1908 to 1916, 41 men of The most well-known snapshot of or director level. The judiciary African descent were lynched in Oklahoma history in terms of racial and law school faculties are connection with accusations of injustice is the Tulsa Massacre. In equally homogenous. It is ethical murder, complicity in murder, the Drexel Building, Sarah Page, and moral to inquire about the rape and attempted rape as the a white woman, screamed while impact of such homogeneity in main offenses alleged by whites.13 Dick Rowland, a man of African education, policymaking and the

THE OKLAHOMA BAR JOURNAL MAY 2021 | 33 The NAACP civil rights march on North Shartel Avenue in Oklahoma City on April 3, 1965. Courtesy of the Oklahoma Historical Society. administration of the laws. We can of the legal profession can accom- legal community and as individ- no longer afford to make excuses plish what we set our minds and uals, we must grieve our hurt about our inability to achieve hearts upon. feelings, apologize for the hurt diversity in the office, on the I hope Oklahomans associated we have caused, witnessed and bench and at the podium. If we with the bar and beyond have the endorsed, listen and learn about are making efforts, individually will to recognize and change the the experiences of others, connect and collectively, and those efforts systems that predetermine neg- with those who want to share are not working, we must return ative racial outcomes. The road their experiences with respect, to the drawing board. Members ahead is long but fruitful. As a reengineer methods and systems

34 | MAY 2021 THE OKLAHOMA BAR JOURNAL of reward and punishment, put Culture, www.okhistory.org/publications/enc/entry. 19. Randy Krehbiel, Tulsa Race Massacre: forth all our power and influence php?entry=RE001 (last visited March 22, 2021). 1921 Tulsa Newspaper Fueled Racism and 5. Jimmie Lewis Franklin, African Americans, One Story is cited for Sparking Greenwood’s toward our values and repair and The Encyclopedia of Oklahoma History and Burning, Tulsa World, tulsaworld.com/news/tulsa- heal places of hurt. Culture, www.okhistory.org/publications/enc/entry. race-massacre-1921-tulsa-newspapers-fueled- php?entry=AF003. (last visited March 12, 2021). racism-and-one-story-is-cited-for-sparking/ Oklahoma’s future does not need 6. Scott Ellsworth, “Tulsa Race Massacre,” article_420593ee-8090-5cfc-873e-d2dd26d2054e. to be written by the past. We can The Encyclopedia of Oklahoma History and html (last visited Feb. 18, 2021). Culture, www.okhistory.org/publications/enc/ 20. William Faulkner, Requiem for a Nun, recast the future with intention. entry.php?entry=TU013 (last visited Jan. 20, 2021). Random House (1951). 7. Map of Jim Crow America, mchekc.org/ 21. QuickFacts, Oklahoma; United States, wp-content/uploads/2021/01/jim-crow-laws.pdf Census 2020. www.census.gov/quickfacts/fact/ Authors’ Note: The authors would like (last visited Jan. 20, 2021). table/OK,US/RHI825219 (last visited Feb. 18, 2021). to thank the OCU School of Law and 8. Department of Commerce and Labor, 22. Negative racialized outcomes can be seen Bureau of the Census 1907 Population of in the following sectors: Healthcare: All minorities the library staff, particularly Le’Shawn Oklahoma, and Indian Territory, www2.census. in Oklahoma make up 36% of the population but Turner, for support in this project. gov/prod2/decennial/documents/1907pop_ also have a higher need for medical care. In 2018, OK-IndianTerritory.pdf (last visited Dec. 17, 2020). non-Hispanic African Americans had the highest 9. Map of Jim Crow America, mchekc.org/ age-adjusted cerebrovascular disease death wp-content/uploads/2021/01/jim-crow-laws.pdf rate (52.5 deaths/100,000 population), followed (last visited Jan. 20, 2021). by Indigenous (42.3) and non-Hispanic whites ABOUT THE AUTHORS 10. Dianna Everette, Lynching, The Encyclopedia (39.2); Hispanic individuals had the lowest rate Danne Johnson of Oklahoma History and Culture, www.okhistory.org/ (27.9). In 2018, African American adults had the publications/enc/entry.php?entryname=LYNCHING highest age-adjusted death rates for diabetes is the Constance (last visited Jan. 20, 2021). (59.0 deaths/100,000 population), followed closely Baker Motley 11. Dianna Everett, Lynching, The by Indigenous (50.6); Hispanics (25.6) and whites Encyclopedia of Oklahoma History and Culture, (25.5) were much lower. oklahoma.gov/content/ Professor of www.okhistory.org/publications/enc/entry. dam/ok/en/health/health2/documents/2019- Law at the php?entry=LY00 (last visited March 22, 2021). oklahoma-minority-health-at-a-glance.pdf (last 12. History of Okmulgee County, The Okmulgee visited Feb. 10, 2021). Children and Poverty: For OCU School of Law and a certified Historical Society (1985). many minority communities racial and ethnic diversity professional. Her awards 13. Dianna Everette, Lynching, The oppression begin in childhood. African American include the Marian P. Opala Lifetime Encyclopedia of Oklahoma History and Culture, children in Oklahoma are nearly six times more www.okhistory.org/publications/enc/entry.php? likely to live in concentrated poverty than white Achievement Award in 2020 and entryname=LYNCHING (last visited Jan. 20, 2021). children, and Latino children are more than four the Ada Lois Sipuel Fisher Award 14. In Bartelle v. United States, 100 P.45 (Okla. times as likely. okpolicy.org/black-and-latino- Crim. App. 1909) a woman’s race is decided children-in-oklahoma-are-still-more-likely-to- for Diversity in 2019. She has been based on community reputation to invalidate her live-in-concentrated-poverty (last visited Feb. 10, recognized twice by the Journal marriage. If she were determined to be Negro, her 2021). Incarceration: Despite making up only marriage would be void and her husband subject 7.8% of the Oklahoma population, African Record as “50 Making a Difference.” to prosecution. Ultimately self-identification seems Americans are disproportionately affected by Pamela Juarez is a 2L student at to carry weight. However, this case and others incarceration in Oklahoma. One in every 15 adult endorse community reputation and affiliation as African American men in Oklahoma is in prison, the OCU School of Law, member admissible evidence of racial identity. Cole et al. v. giving us the highest rate of African American of the Hispanic Law Student District Board of School Dist. No. 29, McIntosh incarceration in the country. Indigenous make up County, 123 P 426 (Okla. 1912). Scott et al. v. about 9% of Oklahoma’s population, but Native Association and a dedicated Epperson et al., 284 P. 19 (Okla. 1930) considers American women make up about 12% of the research assistant. whether Mr. Scott is white under the Oklahoma incarcerated women in the state. Latinos are also Constitution. If Scott is determined to be white, his overrepresented in Oklahoma prisons, making marriage to a Negro woman would be void. up 9% of the state population and 15% of its 15. “Sundown towns” – all-white towns where prisoners. okpolicy.org/2019-priority-add-racial- ENDNOTES African Americans were not welcome after the sun impact-statements-on-criminal-justice-legislation- 1. White Supremacy is the belief, attitude, a went down. These towns had signs posted that to-reduce-disparities-in-the-justice-system (last practice or a policy that establishes or supports read, “All people of color should be out of town visited Feb. 10, 2021). the idea that white people constitute a superior before sundown.” Sarah Stewart, Norman Couple 23. OU College of Law reported 28% of the race and should therefore dominate society, Relives History of Sundown Towns in Oklahoma, 1L class as nonwhite in 2019, averaging 23.8% typically to the exclusion or detriment of other 2018. News Channel 4 NBC. In the 1940s, Edmond, nonwhite since 2011. OCU School of Law recently racial and ethnic groups, in particular Black, Oklahoma, promoted itself on postcards with the reported 32% of its 1L class as nonwhite. TU indigenous or people of color (BIPOC). slogan, “A Good Place to Live … No Negroes.” College of Law reported 26% of the 1L class as 2. Abramovitch, Seth, Blackface and www.blackpast.org/african-american-history/ nonwhite in 2019. Hollywood: From Al Jolson to Judy Garland to Dave sundown-towns (last visited Feb. 10, 2021). Chappelle. “In fact, blackface is the oldest American 16. The “whipping party” -- where a large show-business institution. It has its origins in group of whites whipped or beat an African minstrel shows, which began in New York City in the American who was suspected of an offense of 1830s and quickly gained popularity among white some kind. In 1922 alone, according to Oklahoma audiences across the country. Performers were Gov. Jack Walton, 2,500 whippings took place. usually white men who would ‘black up’ their skin Dianna Everette, Lynching, The Encyclopedia of using coal or dark shoe polish. Their mouths were Oklahoma History and Culture, www.okhistory.org/ drawn clownishly large, they donned woolly wigs publications/enc/entry.php?entryname=LYNCHING and their performances depicted African-Americans (last visited Jan. 20, 2021). as lazy, hypersexual and superstitious jokers.” www. 17. Larry O’Dell, Ku Klux Klan, The hollywoodreporter.com/news/blackface-hollywood- Encyclopedia of Oklahoma History and Culture, al-jolson-judy-garland-dave-chappelle-1185380 www.okhistory.org/publications/enc/entry. (last visited March 10, 2021). php?entry=KU001 (last visited Feb. 18, 2021). 3. Noel Ignatiev, How the Irish Became White, 18. Scott Ellsworth, Tulsa Race Massacre, Routledge (2008). The Encyclopedia of Oklahoma History and 4. William D. Pennington, Reconstruction Culture, www.okhistory.org/publications/enc/ Treaties, The Encyclopedia of Oklahoma History and entry.php?entry=TU013 (last visited Jan. 20, 2021).

THE OKLAHOMA BAR JOURNAL MAY 2021 | 35 OBA Awards Leading is a Choice, Let Us Honor It By Kara I. Smith

HE TIME HAS COME FOR look around our communities for your colleagues and friends about Tthe OBA Awards Committee those who choose the path to lead this call, the process and ultimately to solicit nominations of individ- and influence our communities encourage them to submit a uals and entities that are making for the better. nomination. positive contributions to our The OBA Awards Committee community. While the COVID invites you to review the list of impacts are still present and things OBA awards and to join the OBA ABOUT THE AUTHOR have not all the way returned to in its efforts to identify individuals Kara Smith is the chief normal yet, our efforts to identify and entities that fit the bill, who at assistant attorney those who are deserving should the end of the day are that per- general in the Civil Rights always be among our priorities. son or group that acts not for the Enforcement Unit of the So, the OBA Awards Committee is recognition but because it needs Office of the Oklahoma asking you to do just that. Make it a to be done, or it is the right thing Attorney General. She serves as priority to look among your peers, to do. Please submit your nomi- Awards Committee chairperson. search your legal associations and nation. Please spread the word to

NOMINATION RULES AND TIPS The deadline is 5 p.m. Thursday, July 1, but get your nomination in EARLY! Nominations, complete with all supporting material, MUST be received by the deadline. Submissions or supporting material received after the deadline will not be considered. Length of nomination is a maximum of five 8 ½ x 11-inch, one-sided pages, including supporting materials and the form, if used. No exceptions. Make sure the name of the person being nominated and the person (or organization) making the nomination is on the nomination. If you think someone qualifies for awards in several categories, pick one award and only do one nomination. The OBA Awards Committee may consider the nominee for an award in a category other than one in which you nominate that person. Submission options (pick one): 1) email: [email protected] (you will receive a confirmation reply); 2) fax: 405-416-7089; 3) mail: OBA Awards Committee, P.O. Box 53036, Oklahoma City, OK 73152. Visit www.okbar.org/awards for the nomination form if you want to use one (not required), history of previous winners and tips for writing nominations.

36 | MAY 2021 THE OKLAHOMA BAR JOURNAL INDIVIDUALS FOR WHOM AWARDS ARE NAMED NEIL E. BOGAN – Neil Bogan, an attorney from Tulsa, died unexpectedly on May 5, 1990, while serving his term as president of the Oklahoma Bar Association. Mr. Bogan was known for his professional, courteous treatment of everyone he came into contact with and was also considered to uphold high standards of honesty and integrity in the legal profession. The OBA’s Professionalism Award is named for him as a permanent reminder of the example he set.

HICKS EPTON – While working as a country lawyer in Wewoka, attorney Hicks Epton decided that lawyers should go out and educate the public about the law in general, and the rights and liberties provided under the law to American citizens. Through the efforts of Mr. Epton, who served as OBA president in 1953, and other bar members, the roots of Law Day were established. In 1961, the first of May became an annual special day of celebration nationwide designated by a joint resolution of Congress. The OBA’s Law Day Award recognizing outstanding Law Day activities is named in his honor.

FERN HOLLAND – Fern Holland’s life was cut tragically short after just 33 years, but this young Tulsa attorney made an impact that will be remembered for years to come. Ms. Holland left private law practice to work as a human rights activist and to help bring democracy to Iraq. In 2004 she was working closely with Iraqi women on women’s issues when her vehicle was ambushed by Iraqi gunmen, and she was killed. The Courageous Lawyer Award is named as a tribute to her.

MAURICE MERRILL – Dr. Maurice Merrill served as a professor at the University of Oklahoma College of Law from 1936 until his retirement in 1968. He was held in high regard by his colleagues, his former students and the bar for his nationally distinguished work as a writer, scholar and teacher. Many words have been used to describe Dr. Merrill over the years, including brilliant, wise, talented and dedicated. Named in his honor is the Golden Quill Award that is given to the author of the best written article published in the Oklahoma Bar Journal. The recipient is selected by the OBA Board of Editors.

JOHN E. SHIPP – John E. Shipp, an attorney from Idabel, served as 1985 OBA president and became the executive director of the association in 1998. Unfortunately, his tenure was cut short when his life was tragically taken that year in a plane crash. Mr. Shipp was known for his integrity, professionalism and high ethical standards. He had served two terms on the OBA Professional Responsibility Commission, serving as chairman for one year, and served two years on the Professional Responsibility Tribunal, serving as chief-master. The OBA’s Award for Ethics bears his name.

EARL SNEED – Earl Sneed served the University of Oklahoma College of Law as a distinguished teacher and dean. Mr. Sneed came to OU as a faculty member in 1945 and was praised for his enthusiastic teaching ability. When Mr. Sneed was appointed in 1950 to lead the law school as dean, he was just 37 years old and one of the youngest deans in the nation. After his retirement from academia in 1965, he played a major role in fundraising efforts for the law center. The OBA’s Continuing Legal Education Award is named in his honor.

JOE STAMPER – Joe Stamper of Antlers retired in 2003 after 68 years of practicing law. He is credited with being a personal motivating force behind the creation of OUJI and the Oklahoma Civil Uniform Jury Instructions Committee. Mr. Stamper was also instrumental in creating the position of OBA general counsel to handle attorney discipline. He served on both the ABA and OBA Board of Governors and represented Oklahoma at the ABA House of Delegates for 17 years. His eloquent remarks were legendary, and he is credited with giving Oklahoma a voice and a face at the national level. The OBA’s Distinguished Service Award is named to honor him.

ALMA WILSON – Alma Wilson was the first woman to be appointed as a justice to the Supreme Court of Oklahoma in 1982 and became its first female chief justice in 1995. She first practiced law in Pauls Valley, where she grew up. Her first judicial appointment was as special judge sitting in Garvin and McClain Counties, later district judge for Cleveland County and served for six years on the Court of Tax Review. She was known for her contributions to the educational needs of juveniles and children at risk. The OBA’s Alma Wilson Award honors a bar member who has made a significant contribution to improving the lives of Oklahoma children.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 37 AWARDS OUTSTANDING COUNTY BAR ASSOCIATION AWARD – for meritorious efforts and activities 2020 Winner: Canadian County Bar Association

HICKS EPTON LAW DAY AWARD – for individuals or organizations for noteworthy Law Day activities Not awarded in 2020

GOLDEN GAVEL AWARD – for OBA committees and sections performing with a high degree of excellence 2020 Winner: OBA Estate Planning, Probate and Trust Section

LIBERTY BELL AWARD – for nonlawyers or lay organizations for promoting or publicizing matters regarding the legal system 2020 Winner: Poetic Justice, Tulsa

OUTSTANDING YOUNG LAWYER AWARD – for a member of the OBA Young Lawyers Division for service to the profession 2020 Winner: Brandi Nowakowski, Shawnee

EARL SNEED AWARD – for outstanding continuing legal education contributions 2020 Winner: OBA Family Law Section

AWARD OF JUDICIAL EXCELLENCE – for excellence of character, job performance or achievement while a judge and service to the bench, bar and community 2020 Winner: Judge Bob Bacharach, Oklahoma City

FERN HOLLAND COURAGEOUS LAWYER AWARD – to an OBA member who has courageously performed in a manner befitting the highest ideals of our profession Not awarded in 2020

OUTSTANDING SERVICE TO THE PUBLIC AWARD – for significant community service by an OBA member or bar-related entity 2020 Winner: Christine Pappas, Ada

AWARD FOR OUTSTANDING PRO BONO SERVICE – by an OBA member or bar-related entity 2020 Winner: Derek Burch, Oklahoma City

JOE STAMPER DISTINGUISHED SERVICE AWARD – to an OBA member for long-term service to the bar association or contributions to the legal profession 2020 Winner: Retired Judge Richard Woolery, Sapulpa

NEIL E. BOGAN PROFESSIONALISM AWARD – to an OBA member practicing 10 years or more who for conduct, honesty, integrity and courtesy best represents the highest standards of the legal profession 2020 Winner: Bob Burke, Oklahoma City

JOHN E. SHIPP AWARD FOR ETHICS – to an OBA member who has truly exemplified the ethics of the legal profession either by 1) acting in accordance with the highest ethical standards in the face of pressure to do otherwise or 2) by serving as a role model for ethics to the other members of the profession 2020 Winner: Judge Rebecca Brett Nightingale, Tulsa

ALMA WILSON AWARD – for an OBA member who has made a significant contribution to improving the lives of Oklahoma children 2020 Winner: Judge Lisa Tipping Davis (posthumous), Oklahoma City

TRAILBLAZER AWARD – to an OBA member or members who by their significant, unique visionary efforts have had a profound impact upon our profession and/or community and in doing so have blazed a trail for others to follow. Not awarded in 2020

38 | MAY 2021 THE OKLAHOMA BAR JOURNAL New Member Benefit OBA Newsstand: Free Benefit to Provide Daily Legal News Updates

OOD THINGS (AND the path to turn this from a good Lexology delivers a comprehen- Gsometimes technology service to an outstanding one,” said sive source of international legal projects) take time. Jim Calloway, OBA Management updates, analysis and insights. More We hoped to have the latest OBA Assistance Program director. “Begin than 450 articles are published member benefit, OBA Newsstand, by focusing on a few subjects of every day from over 900 leading law launched earlier this year. importance to you so the update firms and service providers world- But it is coming soon. What is will be shorter in length. You can wide across 50 work areas in 25 the OBA Newsstand? It is a daily add more areas later.” languages. The searchable archive newsfeed with practice-specific To remove or add areas of inter- contains more than one mil- news, curated in partnership with est or jurisdictions, you can request lion articles. The combination of Lexology. With OBA Newsstand, a code to access your account page. timely, quality, granular informa- you will receive valuable news and All changes must be made on the tion and relevant insight provides information from a wide range of Lexology site. Your personal data an unparalleled user experience. global and national agencies and will remain confidential. firms, targeted to the areas of law reflecting your interests. “Investing a few moments to customize this service to focus on your particular interests is

THE OKLAHOMA BAR JOURNAL MAY 2021 | 39 Bar News Celebrate Diversity With an Award Nomination

HE DIVERSITY COMMITTEE Demonstrated continued Led the development of Tis now accepting nominations corporate responsibility by innovative or contemporary for the Ada Lois Sipuel Fisher devoting resources for the measures to fight discrimi- Diversity Awards to be presented improvement of the com- nation and its effects; in November. The three award munity at large; and Fostered positive communi- categories are members of the Exhibited insightful leader- cation and actively promoted judiciary, licensed attorneys and ship to confront and resolve inter-group relations organizations that have champi- inequities through strategic among populations of oned the cause of diversity. All decision-making, allocation different backgrounds; nominations must be received by of resources and establish- Participated in a variety Monday, August 2. ment of priorities. of corporate and commu- For additional information, nity events that promoted please contact Diversity Committee Two or more diversity awards mutual respect, acceptance, Chair Telana McCullough at 405- will be given to licensed attorneys, cooperation or tolerance 522-9528 or visit www.okbar.org/ and an additional award will be and contributed to diversity diversityawards. given to a member of the Oklahoma awareness in the commu- judiciary who has met one or more nity and workplace; and SELECTION CRITERIA of the following criteria: Reached out to a diverse One or more diversity awards array of attorneys to under- will be given to an organization Demonstrated dedication to stand firsthand the experi- that has an office in the state of raising issues of diversity ences of someone from Oklahoma and has met one or and protecting civil and a different background. more of the following criteria: human rights;

Developed and implemented an effective equal opportunity program as demonstrated by the organi- NOMINATIONS AND SUBMISSIONS zation’s commitment to the Include name, address and contact number of the nominee. recruitment, retention and Describe the nominee’s contributions and accomplishments promotion of individuals of in the area of diversity. underrepresented popula- Identify the diversity award category (organization, licensed tions regardless of race, ethnic origin, gender, religion, attorney or member of the judiciary) in which the nominee is age, sexual orientation, dis- being nominated. ability or any other prohib- The submission deadline is Monday, Aug. 2. ited basis of discrimination; Submissions should not exceed five pages in length. Promoted diversity initia- Submit nominations to [email protected]. tives that establish and foster Information on past award winners can be found at www.okbar. a more inclusive and equita- org/diversityawards. ble work environment;

40 | MAY 2021 THE OKLAHOMA BAR JOURNAL ADA LOIS SIPUEL FISHER leaves a legacy that impacted the legal profession and the Civil Rights Movement. Born in Chickasha, she graduated in 1945 with honors from Langston University, which did not have a law school. Segregation existed and Black people were prohibited from attending white state universities. Fisher decided to apply for admission to the OU College of Law to challenge the state’s segregation laws and to accomplish her life- long goal of becoming a lawyer. State statutes prohibited the college from accepting her. A lawsuit was filed that resulted in a three-year legal battle. After an unfavorable ruling by the Oklahoma Supreme Court, an appeal was filed with the U.S. Supreme Court. Another barrier was erected with the creation of a separate law school thrown together in five days Ada Lois Sipuel Fisher, Photo Credit: Courtesy Western History Collections, exclusively for her to attend. She refused to attend University of Oklahoma Libraries, Ada Lois on the grounds the new school could not provide Sipuel Fisher 3 a legal education equal to OU’s law school. A state court ruled against her, and the state Supreme Court upheld the decision. Ms. Fisher’s lawyers planned to again appeal to the U.S. Supreme Court, but Oklahoma’s attorney general declined to return to Washington, D.C., to argue the case. She was admitted to the OU College of Law on June 18, 1949, and graduated in August 1951.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 41 Board of Bar Examiners New Lawyers Take Oath in Admissions Ceremony

OARD OF BAR EXAMINERS Chairperson Tommy R. Dyer Jr., announces that 67 applicants who took the BOklahoma Bar Examination on Feb. 23-24 were admitted to the Oklahoma Bar Association on April 20 or by proxy at a later date. Due to the social distancing requirements caused by the COVID-19 state of emergency, Oklahoma Supreme Court Chief Justice Richard Darby administered the Oath of Attorney to the candidates on the steps of the Oklahoma Judicial Center in a morning ceremony. A total of 98 applicants took the examination. Other members of the Oklahoma Board of Bar Examiners are Vice Chairperson Robert E. Black, Oklahoma City; Juan Garcia, Clinton; Micah Knight, Durant; Nathan Lockhart, Norman; Bryan Morris, Ada; Loretta F. Radford, Tulsa; Roger Rinehart, El Reno; and Tom Wright, Muskogee.

THE NEW ADMITTEES ARE: Andrea Johanna Adum Hunter Kiyoshi Akin Joel Daniel Auringer Kelsey Alison Baldwin Talor Michelle Black Brittainy Brooke Boyer Amanda Jo Bradley Briana Leigh Brakefield Matthew Baker Burns Nicholas Samuel Callaway Timothy Williams Carignan Victoria Anna Carrasco Jonathan David Casey Kaleigh Marie Chance Taylor Craig Chinowth MaryJoy Esclanda Chuba Jessie Reider Cristo James Linden Curtis Sawmon Yousefzadeh Davani Alan Bruce Davidofsky Madison Nicole Ewald Russell Jennings Graves Carly Ann Greenhaw Whitney Elizabeth Guild Wade Kendricks Hairrell Morgan Lindsey Hale Justin William Harris Logan Joseph Hathcoat Laura Beth Holt Jarred Lucas Jennings Jaleesa Komolafe displays her wall certificate.

42 | MAY 2021 THE OKLAHOMA BAR JOURNAL Candidates raise their right hands as they take the Oath of Attorney on the steps of the Oklahoma Judicial Center.

Right: Supreme Court Chief Justice Richard Darby administers the Oath of Attorney with Vice Chief Justice John Kane standing next to him.

Kaia Kathleen Jacob Tyler Reynolds Kaasen Kennedy Christopher George Reynoso Grayson Elaine Kirk Brandon Lee Rogers Jaleesa Cira Komolafe Regan Elizabeth Rule Ian Patrick Leitch David Howard San Martin Ryan Alexander Less Dillan Mark Savage Rusty Allen Lewis Matthew Curtis Shelton Carli Jade Liddell Heather Suzanne Sizemore Hannah Weidner Lunsford Jackson Dalton Stallings Melissa Pierre Martin Marjon Jacqueline Creel Stephens Kendall Lynn McCoy Melanie Rachel Stratemeier Mary Irene McMahan Mylin Alexander Stripling Paige Catherine Miller Eric Lee Strocen Justin Benjamin Neal Kristin Nicole Thompson Daniel Randolph Ashby Page Jonathan Richard Wade Brandon Stewart Patrick Kylie Annmarie Weaver Natalie Renee Pedroza Ambre Renee Weston Christie Ann Porter William Andrew Calloway Wilcoxen Christian Nathaniel Pyle Clair Dawn Wood

THE OKLAHOMA BAR JOURNAL MAY 2021 | 43 Legislative News Session Winding Down By Miles Pringle

E ARE IN THE HOMESTRETCH For lawyers involved in adminis- Wof the 2021 regular legislative trative law, SB 913 continues to move session, which is scheduled to end through the legislative process. on May 28. In addition to working SB 913 seeks to enhance the over- on last-minute bills, the legislative sight the Legislature has in agency leaders are likely working closely rulemaking and would establish a with the governor’s office to final- Joint Committee on Administrative ize the budget. The budgetary Rules to consider proposed rules, process has been made easier this amended rules and repeal requests year with an increase in revenue submitted by agencies. Additionally, projected by the Oklahoma State the executive branch would be Board of Equalization. granted more authority whereby the Additionally, Medicaid expan- governor or a cabinet secretary can sion mandated by State Question veto any agency rule modification 802, an anticipated pain point, or adoption. received positive news during the session. Under the Affordable Care COMMITTEE UPDATE Act, states that expanded Medicaid violations, as well as money from The Legislative Monitoring received a 90% matching rate for fines that fund the program, away Committee is continuing to meet adults covered by the expansion from the OCC’s administrative court via videoconferences during this (phased down from 100% after and to the district courts. Director time; however, we are hopeful that 2014). In order to entice the 12 states of the OCC’s Public Utility Division, will change if COVID numbers that have not expanded Medicaid, Brandy Wreath, was quoted in the improve. We plan on holding our the federal stimulus bill recently Journal Record as being concerned Legislative Debrief in August and passed under the Biden adminis- that SB 617 “makes this whole are in the process of evaluating tration will provide a 5% bump for program an unfunded program, whether that can be in person or those states (i.e., 95% match) over because currently, it is self-funded not. If you haven’t already, we’d the next two years. Since Medicaid and paid for by those people who love to have you join the commit- expansion had yet to take effect in have violated the law and have a tee! Look for the 2021 Sign Up link Oklahoma (July 2021), apparently, fine levied against them. Going on www.okbar.org. the state qualifies for the addi- forward, all those fines would go to tional funds. A report from the the district court … It would not be Kaiser Family Foundation projects a dollar-for-dollar benefit to those ABOUT THE AUTHOR Oklahoma will receive approxi- court systems to process all of these, Mr. Pringle is general mately $520 million as a result. and it would leave whichever agency counsel for The Bankers Another development at the took this program over unfunded, Bank in Oklahoma City and Capitol is a dispute between the with the entirety of the funding serves as the Legislative Oklahoma Corporation Commission needing to come from taxpayers Monitoring Committee and legislators. Senate Bill 617, through appropriations.” Despite the chairperson. Contact him through related to trucking, would move OCC’s concerns, the bill appears to the committee’s Communities page administration of size and weight be trucking through the Legislature. online in MyOKBar.

44 | MAY 2021 THE OKLAHOMA BAR JOURNAL Solo & Small Firm Conference

2021 Solo & Small Firm Conference Postponed

The bad news is the popular Solo & Small Firm Conference is canceled for the summer of 2021. The good news is the conference returns in 2022, and a CLE Summer Series is planned for this year. The conference committee met repeatedly to work through factors related to the venue, the pandemic, contracts and the calendar. Because of the obstacles, a decision was approved by the committee and the OBA Board of Governors to cancel the 2021 event, and work toward a return June 23-25, 2022, at Choctaw Casino & Resort in Durant. “The committee and the staff worked hard to find a venue that would allow the conference to be a fun, informative event with the usual great social events. Unfortunately, the COVID rules in place in all available venues would not allow us to put on the conference in a meaningful way. I’m very disappointed, but we promise in 2022 we will put on the best conference ever,” said OBA President Mike Mordy. The OBA CLE Department will present a Summer Series featuring online courses with relevant content to solo and small firm practitioners. An in-person social and networking event is being planned in Oklahoma City.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 45 Bar News Judicial Nominating Commission Elections Nomination Period Opens

HE SELECTION OF QUALIFIED 2021 ELECTIONS and cast their votes. The framers of the Tpersons for appointment to the This year there will be elections for constitutional amendment entrusted judiciary is of the utmost importance members in Districts 5 and 6. District to the lawyers the responsibility of to the administration of justice in this 5 is composed of Oklahoma County, electing qualified people to serve on state. Since the adoption of Article 7-B excluding eastern Oklahoma County the commission. Hopefully, the lawyers to the Oklahoma Constitution in 1967, and south of 89th Street. District 6 is in Congressional Districts 5 and 6 will there has been significant improvement composed of 23 counties in the north fulfill their responsibility by voting. in the quality of the appointments central and northwestern part of the to the bench. Originally, the Judicial state, as they existed in 1967. (See OBA PROCEDURES GOVERNING Nominating Commission was involved the sidebar for the complete list.) THE ELECTION OF LAWYER in the nomination of justices of the Lawyers desiring to be candidates MEMBERS TO THE JUDICIAL Supreme Court and judges of the Court for the Judicial Nominating Commission NOMINATING COMMISSION of Criminal Appeals. Since the adop- positions have until Friday, May 21, 1. Article 7-B, Section 3, of the tion of the amendment, the Legislature 2021, at 5 p.m. to submit their nominat- Oklahoma Constitution requires added the requirement that vacancies ing petitions. Members can download elections be held in each odd num- in all judgeships, appellate and trial, petition forms at www.okbar.org/jnc. bered year by Active members of the be filled by appointment of the gover- When submitting a nominating peti- Oklahoma Bar Association to elect two nor from nominees submitted by the tion, candidates should include a biog- members of the Judicial Nominating Judicial Nominating Commission. raphy of 100 words or less and a photo Commission for six-year terms from The commission is composed of (preferably both digital). For additional Congressional Districts as such districts 15 members. There are six non- details and a sample bio format, email existed at the date of adoption of Article lawyers appointed by the governor, Debbie Brink at [email protected]. 7-B of the Oklahoma Constitution (1967). six lawyers elected by members of the Ballots will be mailed June 4, 2021, 2. Ten (10) Active members of the bar, and three at large members, one to active attorneys in good standing Association, within the Congressional selected by the Speaker of the House in Congressional Districts 5 and 6, as District from which a member of the of Representatives; one selected by the they existed in 1967. Ballots must be Commission is to be elected, shall file President Pro Tempore of the Senate; received at the Oklahoma Bar Center with the Executive Director a signed and one selected by not less than eight by 5 p.m. June 18, 2021. Ballots will be petition (which may be in parts) nom- members of the commission. All serve tabulated on June 21, 2021. Elections inating a candidate for the Commission; six-year terms, except the members results will be posted June 21, 2021. In or, one or more County Bar Associations at large who serve two-year terms. the event of a runoff, the ballots for within said Congressional District Members may not succeed themselves the runoff election will be mailed may file with the Executive Director a on the commission. The lawyer mem- June 25 and the deadline for their nominating resolution nominating bers are elected from each of the six return is 5 p.m. July 16, 2021. Those bal- such a candidate for the Commission. congressional districts as they existed lots would be tabulated on July 19, 2021. 3. Nominating petitions must be in 1967. (Congressional districts It is important to the administra- received at the Bar Center by 5:00 P.M. were redrawn in 2011.) Elections are tion of justice that the OBA members on the third Friday in May. held each odd-numbered year for in the Congressional Districts 5 and 6 4. All candidates shall be advised members from two districts. become informed on the candidates of their nominations, and unless they

46 | MAY 2021 THE OKLAHOMA BAR JOURNAL indicate they do not desire to serve 8. If there are three or more candi- and certified at 9:00 A.M. on the Monday on the Commission, their name dates, the candidate who receives forty following the third Friday in July. shall be placed on the ballot. percent (40%) or more of the votes cast, 11. Those elected shall be imme- 5. If no candidates are nominated for shall be declared the winner. If two can- diately notified, and their function any Congressional District, the Board of didates receive more than forty percent certified to the Secretary of State Governors shall select at least two candi- (40%) of the votes each, the candidate by the President of the Oklahoma dates to stand for election to such office. with the highest number of votes Bar Association, attested by the 6. Under the supervision of the shall be declared the winner. Executive Director. Executive Director, or his designee, 9. In case a runoff election is nec- 12. The Executive Director, or his ballots shall be mailed to every Active essary in any Congressional District, designee, shall take possession of and member of the Association in the runoff ballots shall be mailed, under the destroy any ballots printed and unused. respective Congressional District on supervision of the Executive Director, 13. Following the approval of the first Friday in June, and all ballots or his designee, to every Active member these procedures, the election must be received at the Bar Center by of the Association therein on the fourth procedures, with the specific dates 5:00 P.M. on the third Friday in June. Friday in June, and all runoff ballots included, shall be published in all 7. Under the supervision of the must be received at the Bar Center by print and electronic publications Executive Director, or his designee, the 5:00 P.M. on the third Friday in July. of the Oklahoma Bar Association ballots shall be opened, tabulated and 10. Under the supervision of the and placed on the Oklahoma Bar certified at 9:00 A.M. on the Monday Executive Director, or his designee, the Association website until the dead- following the third Friday of June. runoff ballots shall be opened, tabulated line for filing nominating petitions.

District No. 5 District No. 6 Oklahoma (Part)* Alfalfa NOTICE *Part of Beaver Oklahoma Beckham County Blaine Judicial Nominating Commission Elections EXCLUDING: Canadian Choctaw Cimarron Congressional Districts 5 And 6 Harrah Custer Luther Dewey Nominations for election as members of the Judicial Nominating Commission from Midwest City Ellis Newalla Garfield Congressional Districts 5 and 6 (as they existed in 1967) will be accepted by the Nicoma Park Grant Executive Director until 5 p.m., Friday, May 21, 2021. Ballots will be mailed June 4, Spencer Harper South of 89th Kay 2021, and must be received at the Oklahoma Bar Center by 5 p.m. on June 18, 2021. Street Kingfisher Lincoln Logan Major Noble Payne Roger Mills Texas Woods Woodward

THE OKLAHOMA BAR JOURNAL MAY 2021 | 47

From the Executive Director I Miss Going to the Record Store and Strawberry Incense By John Morris Williams

COUPLE YEARS AGO, I A received a record player for Christmas. I admit it was a wish granted. After digging through some boxes, I found some vinyl I had stashed away. Some of the forgotten treasures included the first record I ever owned. It was from 1964. It too was a gift. It was sur- prising the number of memories that old box of records contained. Some of the records had scratches, and the album covers reflected use and the passage of time. But each of the memories of the time and place where I acquired the records played without any static. Today the availability of music from an audible command or simply touching the screen on a device close physical proximity with other or videoconferencing. My expe- is instantaneous and endless. The people. One road has the efficiency rience is that scheduling is easier result is immediate gratification, of immediate connection while when multiple parties do not have but I must admit lacks the sensory staying in place, and the other to dedicate travel time to attend. stimulation of the scent of the requires adding in travel and Thus, virtual meetings win hands incense the record store burned or the time that takes. down for convenience. flipping through the albums with In a way this is nothing new. But what about the smell of the my friends as we searched for some- For years, through the use of the record store, the actual touching of thing to add to our music collection. telephone, we have been able to the music with my friends and the Of course, also something within have immediate communications budgeting of time and resources the range of limited finances. with others in distant locations. to have the experience of own- As we begin the path out of Videoconferencing has added the ing my own music? What about the COVID social distancing and obvious visual component. When the memories of actually being necessary virtual meetings, we it all works well, virtual confer- somewhere with someone and the find ourselves at a crossroads. encing is a solution that can be purposeful setting aside of time One road connects us with others meaningful and productive. When and resources to be present? What through the touch of a keyboard or multiple parties are involved, the about the phone conversation that a screen. The other road requires component of scheduling is the ended with “we need to meet to traveling to a location and being in same for audio only (telephone) discuss this”? What about all the

50 | MAY 2021 THE OKLAHOMA BAR JOURNAL nonverbal communication we the requirement to meet was to pick up on when we are in close come together physically to con- proximity to others? For the sake duct the business of the association. of public health, we know we can There is a meaningful, unwritten forgo these things when to do part of that rule that requires us to otherwise might subject ourselves create an environment to enable and others to grave illness or people to come together to have death. Will we continue the effi- personal dialogue and promote ciency of meeting electronically comradery. During COVID, we when it’s no longer a matter of life found a way to conduct business, and death? but try as we may, I do not think All indicators predict we will we ever can achieve through prefer the efficiencies of electronic technology the experience of being and virtual meetings long after somewhere and creating memories. the pandemic has passed. Remote I miss all of you and look forward working will be a reality for certain to the time we can come together segments of our society. Many and make some more memories. I things that we did not undertake might even buy some strawberry online now have become common incense for the occasion. practice. I now shop for records online, and magically they show up on my porch in a day or two. The fact is I can still comb through records virtually and ultimately own my touchable music. I’m To contact Executive Director Williams, just not certain that when I pick email him at [email protected]. them up a few years later I will have the memory of going to the record store at the mini-mall with my best friend and buying “Honky Chateau.” Oh, and that strawberry incense will definitely not be there. I think it is true the sense of smell is the strongest memory enhancer. As an entity, the Oklahoma Bar Association has been charged since 1939 by the Oklahoma Supreme Court rule to meet. Prior to COVID,

THE OKLAHOMA BAR JOURNAL MAY 2021 | 51 Law Practice Tips

Closing an Oklahoma Law Practice

By Jim Calloway

LAWYER’S FINAL DUTY death. Accepting a new employ- an individual lawyer making a A to the clients is often appro- ment offer or a judicial appointment personal decision or a lawyer who priately shutting down their law often means the law office needs to has been hired to assist the family practice in a way that ensures cli- be completely shut down within a of a deceased lawyer. ents’ interests are protected, which relatively short time. There are two available resources: may include providing clients with Sadly, a lawyer’s unexpected one is for planning ahead, and the appropriate departing advice and death may cause others to have to other relates to the implementation perhaps a referral to successor coun- close the law practice, and without of the closing process. sel. With proper advance planning, appropriate succession planning, this can be handled more efficiently. those others may not be well OBA’S PLANNING The closing of a private law prepared. The family of many a AHEAD GUIDE practice can be, as Dickens famously solo practitioner has had to rely on Advanced Planning and Properly wrote, the best of times or the worst the local community of lawyers to Closing Client Matter Files Make the of times. It may be the culmination assist them when a lawyer passes Law Office Closing Process Go Easier of a multi-year planned winding away unexpectedly. All Oklahoma lawyers in down of a practice to enter retire- This article is designed to assist private practice at every stage ment or an emergency situation lawyers with shutting down a of their careers are advised to brought on by failing health or law practice, whether it involves read and follow the guidance of

52 | MAY 2021 THE OKLAHOMA BAR JOURNAL the OBA’s Planning Ahead Guide: retirement. Normally this But other “heirs” may be Attorney Transition Planning in the is done through a combination local lawyers who agree to Event of Death or Incapacity. You of concluding as many open pitch in and assist your fam- may download your free copy by matters as possible and clos- ily. You do not want their logging into MyOKBar and click- ing those files during the last memories of you to be ing the link to Attorney Transition winding up of the lawyer’s “Why is everything such a Planning Guide. This detailed practice. Sometimes it means mess?” or “Why aren’t there handbook includes useful forms working with the client to any written instructions?” for setting up an assisting attorney transfer a matter to successor relationship to assist your client in counsel. Sometimes it may A Basic Checklist the event of temporary or perma- mean withdrawing from a for Closing a Practice nent inability to do so. matter and documenting  Determine a target closing As noted on page 11 of the clearly that you have provided date and a date to stop tak- guide, “If your office is in good the client all information they ing new engagements. order, the Assisting Attorney will need and are willing to coop-  Inventory open client files not have to charge more than a erate with successor counsel to determine status and minimum of fees for closing the when the client obtains actions to be taken. practice. Your law office will then successor counsel.  Discuss extended report- be an asset that can be sold and the 2. Protecting the lawyer (or ing or tail coverage with proceeds remitted to you or your the lawyer’s estate) from your professional liability estate. An organized law practice is future professional liability carrier well in advance of a valuable asset. In contrast, a dis- claims and protecting clients your target date so you can organized practice requires a large from a loss. Since professional understand your options investment of time and money and liability insurance is typically and the cost. is less marketable.” sold on a “claims made” basis,  Inform your staff in per- once you no longer have son and in writing. Give a OBA CLOSING A LAW professional liability insurance, simple, truthful reason for PRACTICE RESOURCES you will be personally the closure. Your attention is directed to responsible for any claim  Inform your clients in per- the OBA Management Assistance made, even if it is based on son if able, but certainly in Program’s new Closing a Law conduct that occurred when writing. Practice Resources at www.okbar. you had coverage. Normally  Complete all matters where org/map/cylp. This is a newly one protects against that risk that can be accomplished. designed collection for Oklahoma by purchasing a tail policy  For litigation matters that lawyers. OBA MAP has previously (also known as extended cannot be completed, provided much of this information reporting period) from one’s discuss with the client to Oklahoma lawyers and their rep- professional liability insur- their options to obtain new resentatives upon request. Now, this ance carrier for a one-time counsel and follow up that information is available for down- fee. Then such claims will be discussion in writing. You load on demand. There are more covered by insurance. may need to assist your resources and checklists included 3. Protecting your “heirs” from clients by requesting exten- there than included in this article. unnecessary anxiety and sions of time and resetting frustration. While we wish of hearings when possible. Planning Your Exit you a long and happy retire-  If a client is obtaining There are many details asso- ment, when you close a law new counsel, be certain an ciated with retirement planning. practice, it is important to order allowing your with- The primary concerns for a lawyer make certain any future drawal or a substitution of who wants to permanently close potential responsibilities counsel is accomplished. their law practice include: can be handled even if you  Make certain the client has are not around to personally been advised in writing 1. Protecting clients from do so. Your legal heirs will of impending statutes of negative consequences have the rights and respon- limitations and all other related to the lawyer’s sibility to handle your estate. deadlines.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 53 Hopefully, you have already utilized a password manager that you will keep for personal use. If not, a list of passwords should be prepared and securely stored physically (i.e., not on a computer).

 Notify former clients from  Inform other professionals  Law books are bulky and recent years that you are of the closure, including have little resale value, closing your practice, court officials and those especially if not updated. reminding them of your file who have provided ser- Ask other lawyers in your destruction policy and let- vices to your firm. If time is community if there is a ting them know where their an issue, this may be done new lawyer who might files will be stored between via postcards or email. appreciate them as a gift. the closing and the ultimate  Notify landlords, utilities  An announcement on your destruction date. and other vendors who pro- website about the office  Hopefully, you have vide services to you. It is a closure is appropriate at already returned all orig- good idea to review incom- some point. (Note: if you inal documents, such as ing mail for several months allow the website domain original wills and contracts in advance for those who name to expire simply by to former clients, along should be added to this list. not paying the renewal fee, with any copies of docu-  Appropriately cancel mem- it can be bought by some- ments they might need as berships, internet service one else. Due to recent a part of your normal file and other subscriptions. examples of fraud, it may closing process. But if not,  Prepare last-time records be advisable to continue now is the time to do so. and send out final bills. renewing old domain  You likely want to obtain a These should also include names even after you have post office box and notify the post office box address discontinued the website.) the post office to forward for those who may not  Your email can be con- mail to that address after remit timely. figured to automatically your office is closed.  Prepare disposition of respond with a message Check the box weekly at office furniture and other about the office closure and first and then monthly. office property. Computers that should be left opera- Send change of address and hard drives should tional for some time. Some notices in response as war- not be transferred to third small firm lawyers may ranted. Calendar when the parties unless you are decide to keep the “office” mail forwarding expires as confident in your ability to email account as a personal you may wish to renew it. permanently erase all data. email account. Retirement  Notify the OBA of new  Your phone number is a may also be a good time contact information soon valuable asset and may be to “start over” with a new after closure. transferred or sold to another email address. A Microsoft  Close your IOLTA trust law firm. This allows them to 365 subscription may be a account properly. A check- communicate that this office good, secure option then. list for doing so is available has been closed to those who  Hopefully, you have from the Oklahoma Bar were not informed and call already utilized a pass- Foundation and the MAP the number. word manager that you resource page noted above. will keep for personal use.

54 | MAY 2021 THE OKLAHOMA BAR JOURNAL If not, a list of passwords your mind if circumstances the lawyer’s career and also should be prepared and change. Filing an affidavit explains why they cannot securely stored physically with the MCLE Commission offer legal advice. See www. (i.e., not on a computer). that one did not practice law okbar.org/governance for  If you practice in a smaller for the entire year relieves more details and the form to community that has a local the lawyer of MCLE obliga- request the status. The mem- newspaper, consider placing tions, as does being a non- ber must have attained age a notice of the closing in it. resident of the state for the 70 prior to Jan. 2. As stated This could be beneficial to entire year while not practicing at 5 O.S. Ch. 1, App. 1, Art. II, some former clients. This law in Oklahoma. But be Sec. 2 (d), “An Active Member can be considered when a aware of the “December requesting Retired Member lawyer unexpectedly dies. surprise.” We have talked classification must have  Cancel the law firm with lawyers who did not reached age seventy (70) prior merchant account used practice law for almost a to January 2nd of the year he for credit card processing, year and then made a small or she is requesting to be along with law firm credit claims appearance or did reclassified to Retired Status cards as appropriate. some minor work for some- and relieved from paying one in December, which dues.”1 Obviously, this is not a com- meant they had to satisfy prehensive list, and the individual MCLE requirements on Selling Your Law Practice circumstances for each lawyer and short notice. A lawyer who is retiring and law practice will vary. 3. The lawyer can take Retired intending to either not practice Lawyer status. Lawyers law in the future or practice in What About Your Law License? 70 years of age and older a different area is allowed to Broadly speaking, there are can take retired lawyer sell their law practice to another three ways for a lawyer to handle status that means they no Oklahoma lawyer. The method of the lawyer’s license when retiring. longer have to pay dues and doing so is outlined in Oklahoma satisfy other bar obligations. Rules of Professional Conduct 1. The lawyer can resign. But they also cannot practice Rule 1.17. Sale Of Law Practice. Then the individual no law. Retired lawyer is a con- Comment 1 to the rule reminds longer has the legal right to venient explanation when us that, “The practice of law is a practice law in Oklahoma people request advice in profession, not merely a business. and has no professional the future. It acknowledges Clients are not commodities that obligation to comply with mandatory CLE requirements or pay bar association dues. They are also no longer a lawyer. Acceptance of a resignation is contingent on no pending disciplinary proceedings or grievances pending. However, if the lawyer changes their mind, a reinstatement hearing will be required to attempt to return to the practice of law in Oklahoma. 2. The lawyer can maintain a law license and cease practicing law. Payment of dues to the OBA will continue. The benefit of this approach is you can easily change

THE OKLAHOMA BAR JOURNAL MAY 2021 | 55 can be purchased and sold at will. some law” is a plan that sounds If staying occupied is the goal, However, under the conditions simple in theory but is more diffi- one might be better served by vol- and requirements set forth in cult to execute well in practice. unteering for Legal Aid Services this Rule, a practice or an area of Slowing down often means of Oklahoma or another nonprofit practice may be sold.” 1.17 states, ending the biggest overhead where support staff help would be in part, that “[t]he signed writ- expense – support staff. The provided, and that entity would ten consent of each client whose lawyer who has worked with pay for professional liability insur- representation is proposed to be support staff assisting them over ance and overhead. transferred to a purchaser must be their career may misjudge the If additional income in retire- obtained.” Notice to clients about challenges of keeping a calendar, ment is the main goal, then culti- the proposed transfer is outlined preparing billing statements and vating an “of counsel” relationship in the rule, and consent by clients meeting appropriate deadlines with a law firm can be a better is presumed if the client does not without assistance. As the lawyer option. The lawyer might continue object or take other action within ages, this can become more chal- to work for certain clients with the 90 days of the notice date. lenging. It can be very difficult to understanding that they are tran- Often the situation of a lawyer practice law “part time.” Taking sitioning to becoming a client of retiring and attempting to transfer retainers on several new matters the firm, or a law firm might need the practice to a successor involves may make for a great week. But help with their own “overflow” a certain period of working soon, the semi-retired lawyer may work with compensation on an together to acquaint clients with find their schedule is nearly as agreed basis. Then your primary the purchasing lawyer. If space is busy as before they retired but business record-keeping obligation available, then depending on the with much less net income. is not losing the 1099 or W-2 the lawyer’s specific plans for retire- The part-timer will likely have firm provides you. ment, a lawyer who has gone to to pay nearly the same premium for Providing limited scope legal the office daily for decades might professional liability insurance as services under District Court Rule appreciate some free office space if they were fully employed. They 33 is another viable option today. for some months, and the new will also have to maintain their OBA MAP has a limited scope lawyer could benefit from advice. trust account. The lawyer will need legal services page at www.okbar. If a lawyer is taking the bench, they a business-class computer, together org/map/lss. The lawyer with can accept monthly payments from with all the software, maintenance, extensive family law experience the purchaser based on a fixed internet access, need for tech sup- might enjoy referring the family sales price but cannot receive pay- port and other things that operating law feuds elsewhere and limiting ments that are based on future fees. a business-class computer entails. the practice to preparing agreed Likely a printer and a business dissolutions and custody agree- Working Part Time phone line will be required. MCLE ments and perhaps even occasion- After Retirement? requirements remain. Someone ally going down to the “waiver Many lawyers consider working must be available to sign for certi- docket” to have an agreed order part time after retirement. This may fied mail in your absence. Will you entered. For this type of practice to be because some additional earned have someone answering the phone generate significant income, online income in retirement is desired or for you or an answering service (or marketing will be required. just to combat boredom in retire- machine)? Will you still maintain ment. Working for another firm your law firm website? Closing a Closed Files or company part time means the physical business location can also Closing a law practice means employer deals with professional dramatically impact the flow of closing files. How simple or liability insurance, paying for over- potential new clients. challenging this process is will be head and the like. Resigning that Lawyers who have not had sup- greatly impacted by how well the employment is usually like leav- port staff, particularly those who lawyer or firm has closed client ing any other job, although a rare have made use of cloud-based files during their practice. situation where a client would be practice management tools, are Some law firms have exemplary negatively impacted could implicate often better positioned to realis- file closing procedures, which our ethical rules. tically judge what slowing down involve much more than putting A solo practitioner who wants means for them. paper-based client files in boxes to slow down but “still practice and labeling them by year. The law

56 | MAY 2021 THE OKLAHOMA BAR JOURNAL many lawyers determine they will retain their closed files for a five-year period after closing or longer. But pay attention to some types of matters, such as a friendly suit involving a minor plaintiff, where a longer file destruction period should be set.

CONCLUSION There is much to do to properly close a busy law practice. Hopefully, these resources will serve as a starting point for those undertaking this journey. Should you have additional questions concerning this subject, feel free to contact me or Practice Management Advisor Julie Bays, who can be reached at [email protected].

Author’s Note: The author appreciates the contributions of OBA General Counsel Gina Hendryx and Ethics Counsel Richard Stevens in reviewing this article prior to publication. firm’s goal should be that once a file The law firm should have is closed, it need never be opened already established a client file Mr. Calloway is OBA Management again – unless it is needed by the destruction policy. The attorney’s Assistance Program director. Need client in the future, hopefully for client file has two general a quick answer to a tech problem a related new engagement. Those purposes after a matter is con- or help solving a management firms’ clients received back any cluded: 1) Retain for the client the dilemma? Contact him at 405- original documents, copies of all rel- records of a recently closed matter 416-7008, 800-522-8060, jimc@ evant documents they might need should the client need them and okbar.org or find more tips at and were reminded of the law firm’s 2) to preserve documentation of www.okbar.org/map. It’s a free file destruction date as a part of the attorneys properly handling the member benefit. file closing process. File destruction matter should there be a griev- policies had also been covered in ance or other claim filed against ENDNOTE the engagement agreement. the lawyer. The first goal may be 1. Associate Member status is also an option in the case of disability or illness under ARTICLE II, Closed files can be scanned and accomplished by giving the client Section 2. “A member in good standing who stored digitally to save on closed a complete copy of the file and files, or on whose behalf there is filed, with the Executive Director, a statement that, by reason file storage costs as long as proper obtaining a receipt that the client of illness, infirmity, or other disability, he or she data security and backup proce- has received it. The Oklahoma is unable to engage in the practice of law shall become an Associate Member of the Association dures are followed. Rules of Professional Conduct do for the duration of such illness, infirmity or other Note that it is best to keep not require a file be retained for disability until restored to the former classi- retainer agreements (where the a stated period of time. However, fication.” www.oscn.net/applications/oscn/ DeliverDocument.asp?CiteID=481678 client signed off on the file destruc- the rules do require that records tion policy), receipts from clients related to trust accounting be who picked up a copy of their file retained for at least five years. As and a list of all destroyed files for an a practical matter, a lot of infor- extended period (perhaps perma- mation in the client file involves nently) after the files are destroyed. trust account expenditures. So,

THE OKLAHOMA BAR JOURNAL MAY 2021 | 57 Ethics & Professional Responsibility Avoid Actions That Lead to Discipline By Gina Hendryx

AILURE TO PROPERLY work to these individuals and she representation of those individuals Fsupervise nonlawyer staff, not was aware that they were engaged and was still counsel of record for keeping a client informed and in the practice of law despite being them while negotiating settlement unreasonable fees have resulted in unlicensed. Based on these stip- for his two remaining clients. He serious discipline for Oklahoma ulations, the court held that Jack did not inform his clients of a attorneys. The Oklahoma Supreme not only failed to make reasonable later fairness hearing and failed Court recently issued attorney dis- efforts to ensure these individuals’ to attend same. The court found cipline opinions that ranged from conduct was consistent with her Burton lied to the OBA during the public censure to disbarment in the professional obligations but also investigation of this grievance. following 2021 disciplinary cases. actively facilitated their unautho- In count II, Burton represented rized practice of law. an individual charged with STATE EX REL. OKLAHOMA The court noted that one of the felony first degree murder for a BAR ASS’N V. JACK, 201 OK 1 primary interests in disciplinary fee of $25,000. Burton made a few The OBA charged Tara Jack, proceedings is preserving the appearances in the matter and an assistant district attorney for integrity of the courts and the then failed to return communica- Tulsa County, with three counts of legal profession. “Incidents like tions or perform further work on professional misconduct stemming those at issue here are precisely the case. The court found Burton’s from her failure to properly super- the type that undermine pub- behavior towards the OBA was vise nonlawyer employees who lic trust in the legal system and especially egregious based upon were under her direct supervision. profession. As such, the discipline his repeated failures to respond to In 2018, Jack was the director of the imposed must reflect to the public the grievance and his misrepre- Traffic and Misdemeanor Division the seriousness with which we sentation regarding his attendance of the Tulsa County DA’s office. As treat this misconduct. Accordingly, at preliminary hearing. The court such, she supervised several law we find that public censure is found Burton’s fee was unreason- students and recent law school appropriate to protect the public able – he double billed items and grads. None of these individuals interest and preserve the integrity charged for work not performed. had a license to practice law or of the legal profession.”1 In count III, Burton was were licensed legal interns when retained to represent a personal Jack assigned them to make court STATE EX REL. OKLAHOMA representative in a complex estate appearances, argue motions and BAR ASS’N V. BURTON, 2021 OK 6 matter. Burton had no written fee negotiate pleas. Additionally, two The OBA charged Robert agreement or engagement letter of these nonlawyers represented Burton with three counts of pro- for his services. Between March the state in criminal misdemeanor fessional misconduct. In count I, and April 2017, the personal rep- jury trials that included conducting Burton represented 10 plaintiffs resentative paid Burton $32,500. voir dire, witness presentations and in a class action suit. Eight plain- Though these funds were imme- closing arguments. tiffs became concerned with his diately deposited in Burton’s trust During her disciplinary hearing, actions on the case and fired him. account, they were completely Jack stipulated that she assigned Burton failed to withdraw from spent by May 2017. Burton failed

58 | MAY 2021 THE OKLAHOMA BAR JOURNAL to obtain the court’s prior approval STATE EX REL. OKLAHOMA BAR whenever discipline for lawyer to be paid these funds, and he ASS’N V. NEWARK, 2021 OK 11 misconduct has been imposed in refused to provide an accounting The OBA filed reciprocal disci- another jurisdiction, within 20 thereof after multiple requests plinary charges against Oklahoma days of the final order of disci- from the subsequent personal and Texas licensed attorney Robert pline, and failure to do so shall representative. At a hearing on an Newark based upon profession itself be grounds for discipline. embezzlement complaint, Burton discipline imposed by the state of claimed he worked 190 hours Texas. Newark received a one-year FREE ETHICS ADVICE between March 2, 2017, and June 10, probated suspension from the state Should you have an ethics 2017, and was owed $66,500. His of Texas based upon his failure to question, take advantage of billing records included duplicate provide diligent representation in a obtaining informal advice and billings. The trial court found civil litigation matter that resulted interpretations of the rules of a reasonable amount of work in a default judgement against his attorney conduct from Ethics performed for the benefit of the client. The Oklahoma Supreme Counsel Richard Stevens. It’s a estate would be worth $14,190 Court ordered the respondent free member benefit. Advice given and ordered Burton to disgorge reciprocally disciplined by public is memorialized through a con- $18,310.00. To date, Burton has not censure finding that Newark’s fidential and protected database. refunded these fees. The court failures surrounding his represen- You’ll find more information at found Burton’s fees were unrea- tation of his client in a debt collec- www.okbar.org/ec. sonable and that he was guilty tion matter constituted an isolated of simple conversion. The court incident of misconduct. “There is further found Burton’s prolonged a lack of any intentional or will- Ms. Hendryx is OBA general counsel. inaction and evasion of proper ful conduct. Respondent timely requests from the subsequent reported the final adjudication in ENDNOTES personal representative exhibited the Texas disciplinary proceeding. 1. Jack at ¶32. dishonesty and deceit. His cooperation in the disciplinary 2. Burton at ¶46. 3. Newark at ¶14. The court found Burton’s process is likewise reflected in chronic disregard of his obliga- both the Texas and Oklahoma tions to respond from inquiries proceedings wherein he entered from the OBA demonstrated “an into agreed findings of fact in both indifference bordering on hostility jurisdictions.”3 to the OBA and this Court,” and Newark reported the Texas his behavior during the discipline imposed discipline to the hearing was “abhorrent.”2 Based Oklahoma Bar Association. Rule upon these facts and Burton’s prior 7.7 (a) of the Rules Governing discipline, the court imposed the Disciplinary Proceedings requires discipline of disbarment. a lawyer licensed in Oklahoma to notify the general counsel

THE OKLAHOMA BAR JOURNAL MAY 2021 | 59 Board of Governors Actions Meeting Summary

The Oklahoma Bar Association Board of Judicial Nominating Commission Legislative Monitoring Committee Governors met on Friday, March 19, 2021. election rules. He attended the meeting, helped plan the OBA’s Solo & Small Firm Conference Day at the Capitol, recorded a REPORT OF THE PRESIDENT Planning Committee meeting, staff presentation for Day at the Capitol, President Mordy reported directors meeting and Legislative wrote a legislative update for the he attended Solo & Small Firm Monitoring Committee meeting. bar journal and wrote an article Conference Planning Committee for the Briefcase. He also attended meetings, miscellaneous planning REPORT OF THE meetings of the Oklahoma discussions with Executive Director PAST PRESIDENT County Bar Association Briefcase Williams, Legislative Monitoring Past President Shields, unable Committee and OBA Financial Committee meeting, Financial to attend the meeting, reported via Institution and Commercial Law Institutions and Commercial Law email she participated in discus- Section. Governor Smith reported Section meeting and meeting with sions with the Estate Planning, she chaired the OBA Awards the director of strategic communica- Probate and Trust Section about Committee meeting. Governor tions and marketing. proposed legislation and reviewed Vanderburg reported the Kay pleadings related to the ongoing County Bar Association is con- REPORT OF THE lawsuit before the 9th Circuit. tinuing to receive applications VICE PRESIDENT for its Clark Scholarships and Vice President Geister reported BOARD MEMBER REPORTS Northcutt Scholarships, which he attended the Legislative Governor Davis reported he are existing programs created Monitoring Committee meeting. gave a presentation on “Ethics by local attorneys to support Regulations for State Employees” people with Kay County connec- REPORT OF THE at the Oklahoma Association of tions of at least three years who PRESIDENT-ELECT College and University Business are attending an Oklahoma law President-Elect Hicks reported Officers spring conference. school. He attended the Oklahoma he attended the Oklahoma Bar Governor Edwards reported he Association of Municipal Foundation Trustee meeting, graded one of the questions for Attorneys Board of Directors National Bar Leadership Institute the February bar examination. meeting. He will prepare a pre- orientations and meetings and Governor Garrett reported she sentation on the forms municipal Tulsa County Bar Foundation Golf completed the first program of local government can accept. He Tournament Committee meeting. an OBA CLE series on medical shared a list of topics discussed He also reviewed 2021 appointments cannabis legislative updates at the OAMA meeting. and did initial planning for the with bar member Felina Rivera. Strategic Planning Committee and Governor Hutter, unable to REPORT OF THE YOUNG Financial Planning Subcommittee. attend the meeting, reported LAWYERS DIVISION via email he attended virtually Governor Moaning reported REPORT OF THE the Law Schools Committee she attended two ABA YLD EXECUTIVE DIRECTOR tour and report for both the OU Disaster Legal Services Committee Executive Director Williams College of Law and OCU School meetings and two Solo & Small reported he has been dealing with of Law in addition to the Solo & Firm Conference Planning a legislative issue and a disaster- Small Firm Conference Planning Committee meetings. related issue in addition to Committee meeting. Governor drafting the proposed update to Pringle reported he chaired the

60 | MAY 2021 THE OKLAHOMA BAR JOURNAL REPORT OF THE SUPREME a meeting with the district YLD late July. A poll was conducted of COURT LIAISON director to discuss providing legal about 500 past attendees, and 60% Justice Rowe reported the judi- services related to the winter ice of those who responded said they cial center is open, and he invited storm. He said FEMA, which is would attend. Executive Director board members to come up to his a partner in providing services, Williams has a proposed contract office if they are in the building. wants a dial-in phone number, and asked board members for their and Ms. Aspan has been hired thoughts. Discussion followed. It REPORT OF THE to staff the hotline, which rings was decided Executive Director GENERAL COUNSEL to the bar center front desk and Williams will look at the contract, In General Counsel Hendryx’s calls are forwarded to the hotline. Management Assistance Program absence, Executive Director Governor Hilfiger said the Law Director Calloway will make a Williams shared that video- Day Committee is definitely mov- site visit and a final decision on conference equipment is being ing the Ask A Lawyer TV show whether to hold the conference in researched for the hearing room. and statewide free legal advice person will be reserved until those A written report of PRC actions to the fall. Contest entries have things take place. and OBA disciplinary matters for been judged, and the ceremony for Governor Garrett said the February was submitted to the first-place winners will be vir- Women in Law Committee met board for its review. tual. President Mordy said at the and is planning to have an in-person Solo & Small Firm Conference conference with a tentative date BOARD LIAISON REPORTS Planning Committee meeting of Oct. 1. A location is still to be Governor Rochelle said at the they discussed holding the event determined. Access to Justice Committee meet- at River Spirit Casino Resort in ing OBA Practice Management Advisor Julie Bays reported 151 attorneys are participating in the free legal answers program, and she shared an update on eviction issues. Governor Vanderburg called the board’s attention to Executive Director Williams said he participated the recommendations of the Awards Committee, which is a in a meeting with the district YLD director to separate agenda item. President- Elect Hicks said the Diversity discuss providing legal services related to the Committee has its events planned for the year. Governor DeClerck winter ice storm. He said FEMA, which is a said he had received information from Disaster Response & Relief partner in providing services, wants a dial-in Committee Chair Molly Aspan that the disaster hotline was going phone number, and Ms. Aspan has been hired to be activated and coordinated with Legal Aid Services and Indian to staff the hotline, which rings to the bar center Legal Services. Executive Director Williams said he participated in front desk and calls are forwarded to the hotline.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 61 RECOMMENDATION OF DISTRICT ATTORNEYS events. He said Committee AWARDS TO BE PRESENTED COUNCIL APPOINTMENT Chair Ed Wunch is doing an AT ANNUAL MEETING The board approved President outstanding job. As Awards Committee board Mordy’s reappointment of Greg liaison, Governor Vanderburg noted Mashburn, Norman, to the council BOARD ORIENTATION the committee recommends continu- with a term expiring 6/30/2024. Executive Director Williams ing to present the same awards with and Director Combs summarized no changes. The board approved LEGISLATIVE SESSION their department responsibilities. the committee’s recommendation. REPORT As Legislative Monitoring NEXT MEETING ADOPTION OF JUDICIAL Committee chairperson, Governor The Board of Governors met on NOMINATING COMMISSION Pringle reminded board members April 16, and a summary of those ELECTION PROCEDURE Day at the Capitol is coming up actions will be published in the Executive Director Williams Tuesday, which will offer 2 hours Oklahoma Bar Journal once the min- reviewed the background of the of free MCLE. He has already utes are approved. The next board procedure that requires approval recorded his portion of the virtual meeting will be at 10 a.m. Friday, each time there is a JNC election in event. He shared that highlights May 21. odd-numbered years. He drafted will be presentations by Judge an amendment to the procedure Thad Balkman, Dick Pryor and that makes reference to publica- Shawn Ashley. Governor Pringle tions educating bar members about was thanked for his hard work. the procedure and the candidates generic. The board approved the LAW DAY UPDATE procedure with the amendment. President Mordy said the official date for the national BOARD OF EDITORS celebration of Law Day is May 1; APPOINTMENT however, with COVID restriction President Mordy announced still in place Oklahoma’s main Ask a member of the Board of Editors A Lawyer events will move to fall. has passed away who represented He said the Law Day Committee Supreme Court District 9, and he is working with OETA and look- asked board members to contact ing at a tentative date of Sept. 30. him with suggestions of who Contest winners have been deter- might be interested. mined, and some counties have set

62 | MAY 2021 THE OKLAHOMA BAR JOURNAL

Bar Foundation News OBF 75 Faces of Impact: Fern’s Story By Candice Pace

EET FERN, A CLIENT OF I admit I was hopeless things MOBF grantee Wings of Hope would get better. I thought this Family Crisis Center and one of would be another cry for help the OBF’s 75 Face of Impact. Her that would go unheard, and I story is made possible by the gen- would soon go back to the pain erosity of OBF donors. Her name and fear that drove me here. and photo were changed to protect Now, my son and I have her privacy and safety. been at Wings of Hope for two months. The other women If I had not found Wings of who live here have become my Hope, I would be dead either family. They give me under- by my husband’s hands, my own standing and complete accep- or simply by circumstance. tance. Although we all come My story of abuse began from different backgrounds, when I was abused by my fam- ethnicities, religions, careers ily as a small child, and it con- and circumstances, we are tinued throughout my life. I united by our experiences as lost all trust in people because victims of abuse. Together, we even the ones I loved abused finally understand that we are me or turned away from me not alone. nonprofits to make sure all our because they could not handle Wings of Hope helps us needs are met. my despair. The man I married become independent again. The last year has been hard began abusing me after There is no pity, judgment or for the employees and volun- 17 years of marriage, and misunderstanding. We receive teers at Wings of Hope because it lasted for four years. As counseling that helps us heal, COVID-19 has made their jobs a result, I am a shell of my and we now understand the more challenging than ever, former self. I never thought I abuse and trauma we experi- and there are more people would laugh again, listen to enced is not our fault. We are who need help than ever. I am music or enjoy the things I treated with kindness by all inspired by their passion to had once loved because of the the employees and volunteers. help us. ongoing physical, mental and To them, we are not trash, a I am so grateful to those sexual abuse in my life. statistic or the forgotten. They who support Wings of Hope. When my husband hit our make us feel like we deserve Because of your generosity, I son, I knew I had to make a a life of happiness. They help am no longer a victim – I am change. My desperation to pro- us with emergency protective a survivor! tect my child and the advice orders, childcare, appoint- of a coworker led me to Wings ments, clothes, food and shel- The Oklahoma Bar Foundation of Hope Family Crisis Center. ter. They even refer us to other funds legal expenses, trainings

64 | MAY 2021 THE OKLAHOMA BAR JOURNAL and transportation for survivors dedicated to raising awareness Fill out the form below and mail of domestic violence at Wings about the perpetual cycle of abuse your payment to the Oklahoma of Hope Family Crisis Center that can harm multiple generations Bar Foundation, P.O. Box 53036, in Stillwater. within a family if it is not stopped. Oklahoma City, OK 73152. Domestic violence occurs in Your donation to our 75 for 75 all families, not just economically Campaign can end family violence. disadvantaged ones. The OBF is Give online: 75for75.swell.gives Ms. Pace is OBF director of development & communications.

OKLAHOMA BAR FOUNDATION 75 for 75 Campaign Donation Form

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Not sure how much to give? Most nonprofit legal fees are at a free and reduced cost to the client. The cost to nonprofits can range from $100 - $250/hour depending on the severity of the case.

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THE OKLAHOMA BAR JOURNAL MAY 2021 | 65

Young Lawyers Division YLD Embraces Diversity and Inclusion By April Moaning

HE OBA YLD EMBRACES AN INTIMATE LOOK INTO asked a few of our sitting judges Tdiversity within our commu- BLACK LEGAL HISTORY to expound on their journey in nities and the legal profession. In this month’s journal, diver- the legal field. Their responses We honor those who paved the sity is celebrated by highlighting are below: way for diverse lawyers, chal- Black legal history in Oklahoma. lenged unjust laws and engaged From the historical sit-ins at Q: What piqued your interest in in uncomfortable conversations Katz Drug Store led by Clara the legal field? necessary for the protection of Luper to the landmark lawsuits marginalized groups. While mak- that resulted in the admission of A: Judge Lydia Green: I was ing our footprint in history, we Ada Lois Sipuel Fisher into the initially interested in the medi- encourage the inclusion of individ- University of Oklahoma College cal field, specifically pediatrics. uals with varying national origins, of Law, Oklahoma has a wealth of However, during my leisure time I racial and ethnic backgrounds, monumental events that shaped enjoyed watching Perry Mason and genders and gender expressions, Black history. What better way to Matlock. During a school field trip, sexual orientations, disabilities truly capture the essence of our I took a tour of the Collin County and religions. Black legal history, than to engage courthouse and the city jail. It was in a one-on-one conversation with during that field trip I solidified some of our most influential legal my interest in the legal field. I practitioners? With that in mind, I desired the skills of Perry Mason and the gratification of helping children. I researched ways to combine my interest in both pediatrics and the law and determined that I could practice law and focus on areas involving children. Judge Philippa James: As a young child, I was drawn to legal shows and movies such as Perry Mason, Matlock, Absence of Malice, Anatomy of a Murder and To Kill a Mockingbird. My interest in the law just appeared to be innate. Also, my maternal grandfather was a victim of the Tulsa Race Riot. He owned a barbershop, which was completely burned down. After learning about this aspect of my Judge Lydia Green Judge Philippa James family history, I became even

68 | MAY 2021 THE OKLAHOMA BAR JOURNAL benefit of attending the night program. What I enjoyed most about the night program was that many of the adjunct professors were practicing attorneys. Emmanuel Edem was one of the most impact- ful adjunct professors during my law school tenure. As a young girl, I learned to navigate educational spaces that were not always extremely diverse. I grew up in Shawnee, and the races were segregated by a railroad track. In 1957, just a few years after the ruling in Brown v. Board of Education, my parents enrolled me into a Catholic school. I was the first Black student to Judge David B. Lewis Judge Tanya Wilson attend that school. more fascinated with exploring Q: How would you describe your Judge David B. Lewis: I protections we have under the law. experience as a Black law student? attended the OU College of Law Judge David B. Lewis: Initially, from 1980-1983 and was the 27th I considered multiple career paths A: Judge Lydia Green: My experi- Black law school graduate. There and sat for the GRE, GMAT and ence was quite unique. I attended were 225 law students in my class, LSAT. While weighing my options, OCU School of Law and, at the three of whom were Black and I attended a program hosted by an time, our incoming class had the included myself, retired Supreme agent for major league baseball, largest number of Black students. Court Justice Tom Colbert and who also served as a lawyer. His There were 14 incoming Black Lenora Burdine. I had to learn presentation was impressive and law students. Our class was also how to navigate the waters, but solidified my decision to attend extremely diverse. It was really an many of my classmates were law school. amazing and monumental time! supportive. Support systems are Judge Tanya Wilson: I became I was honored to be a member of extremely important in every area interested in the legal field by watch- such a diverse incoming class, and of life, and I am still friends with ing pioneers of the civil rights move- I enjoyed the benefits of diverse those classmates today. ment. I wanted to impact my own perspectives. Judge Tanya Wilson: I attended world of north Tulsa and facilitate Judge Philippa James: I the TU College of Law in the spring positive changes. In order to accom- attended OCU School of Law in of 2000. There were only two Black plish this goal, I became an attorney. the early ’90s and enjoyed the law students in my class, and there

THE OKLAHOMA BAR JOURNAL MAY 2021 | 69 were only a handful of Black stu- the importance of fairness and Judge Tanya Wilson: I believe dents in the entire school. I enjoyed impartiality. It was my belief that I that due to my experiences, I am my law school experience, but I could serve the state of Oklahoma more cognizant of the distrust in definitely desired more diversity. by fairly applying the law. I now the legal system. Many no lon- have the honor of serving as a ger believe in the justice system Q: Are you a first-generation judge on the Oklahoma Court of because they do not believe the lawyer in your family? Criminal Appeals. system represents the masses. I Judge Tanya Wilson: My desire work hard to change that narrative A: Judge Lydia Green: Yes. to become a judge was the same and show compassion, all while Judge Philippa James: Yes. as my desire to become a lawyer. upholding the law. Judge David B. Lewis: Yes, I am Ultimately, I wanted to make posi- the first lawyer in my family, but tive differences in the lives of oth- HELP YLD PROMOTE my sister is also licensed to practice ers. As a judge, I believe you can DIVERSITY AND INCLUSION law in Oklahoma and serves as still uphold the law while showing In order to promote diver- an Oklahoma County judge. compassion and fairness. I have sity and inclusion, the OBA Judge Tanya Wilson: I am the watched a judge sentence a defen- YLD implemented a Diversity only lawyer in my family. Since I dant to the RID program, and the Committee. The committee par- have become a judge, a few of my defendant was ultimately rehabil- ticipates in community service younger family members have itated. I have also watched a judge projects tailored toward introduc- expressed an interest in the show compassion in order to coming students from diverse back- legal field. fort a young, terrified child who grounds into the legal profession. had to testify in a gut-wrenching Many of the students we encoun- Q: Why did you decide to serve legal matter. ter express an interest in building as judge? a mentor-mentee relationship with Q: How has your background individuals from diverse back- A: Judge Lydia Green: Ultimately, impacted your perspective while grounds. We hope you will join my life ended up coming full serving as a judge? the YLD Diversity Committee and circle. I have been able to combine help us to create spaces that repre- my interests in pediatrics and the A: Judge Lydia Green: Due to my sent the world around us. law. I now serve as a special judge life experiences, culture and diver- for the Oklahoma County Juvenile sity are really important to me. I Court. It is a dream job! make a conscious effort to con- Ms. Moaning practices in Judge Philippa James: Law sider those factors when hearing Oklahoma City and serves as the was my second career. I previously testimony, reviewing evidence and YLD chairperson. She may be served as a social worker and making determinations regarding contacted at aprilmoaninglaw@ counselor. Working with children placement of children. gmail.com. Keep up with the YLD has always given me the great- Judge Philippa James: I had at www.facebook.com/obayld and est satisfaction. Thus, I started to learn how to straddle multiple www.okbar.org/yld. my legal career working in the worlds at a very early age. This juvenile division of the Oklahoma skill set is important while serving County Public Defender’s Office. as a judge. We have to consider Once I found out there was a perspectives other than our own need for a judge to preside over a when making rulings. juvenile program, I immediately Judge David B. Lewis: seized the opportunity. Fortunately, I have such a broad Judge David B. Lewis: Less base of support individuals from than eight years into my legal all walks of life. People all have career, I made the decision to biases and prejudices, but when serve as a special judge for the you wear the black robe, you Comanche County District Court. cannot let that impact your ruling. I desired to lead by example and There is a reason that Lady Justice further the legacy of Ada Lois has blindfolds on her eyes. We all Sipuel Fisher. I also understood deserve a fair, impartial hearing.

70 | MAY 2021 THE OKLAHOMA BAR JOURNAL

For Your Information

SOVEREIGNTY SYMPOSIUM 2021 The 2021 Sovereignty Symposium has been tentatively scheduled for Oct. 11-12 at the Skirvin Hotel in Oklahoma City. The event, themed “After McGirt?,” will coincide with Indigenous People’s Day on Oct. 11. Keynote speakers will include Harvey Pratt, Bob Blackburn and Rep. Tom Cole. Watch for more details at www.sovereigntysymposium.com.

10-DIGIT DIALING NOW REQUIRED FOR 405 AREA CODE BAR JOURNAL TAKES As of April 24, 10-digit SUMMER BREAK dialing is required for all The Oklahoma Bar Journal theme local calls within the 405 issues are taking a short break. area code. The new area The next issue, devoted to personal code, 572, will officially be injury, will be published in August. added May 24. It is needed to You will still receive electronic ensure there will be enough publications, eNews and Courts & telephone numbers available More, which contains court mate- for the Oklahoma City area. rial and news every Wednesday in June and July. Have a safe and happy summer! LAW DAY CONTEST UPDATE After the Law Day Contest award winners were announced, the OBA Law Day Committee learned the second place and honorable mention win- IMPORTANT UPCOMING DATES ning entries for the 7th grade writing category did not comply with contest Don’t forget the Oklahoma Bar rules. As a result, these awards were rescinded. To see all the winning Center will be closed Monday, entries, visit www.okbar.org/lawday/contest/winners. May 31, and Monday, July 5, in observance of Memorial Day and Independence Day. Be sure to LHL DISCUSSION GROUP docket the OBA Annual Meeting HOSTS IN-PERSON & Nov. 10-12 in Oklahoma City. VIRTUAL JUNE MEETING “How to Handle Mistrust” will be the topic of the June 3 ASPIRING WRITERS TAKE NOTE meeting of the Lawyers We want to feature your work Helping Lawyers monthly dis- on “The Back Page!” Submit arti- cussion group. Each meeting, cles related to the practice of law, always the first Thursday of the or send us something humorous, month, is facilitated by com- transforming or intriguing. Poetry, mittee members and a licensed photography and artwork are mental health professional. The group meets from 6 to 7:30 p.m. at the office of options too. Send submissions of Tom Cummings, 701 N.W. 13th St., Oklahoma City. There is no cost to attend, about 500 words or high-resolution and snacks will be provided. RSVPs to [email protected] are images to OBA Communications encouraged to ensure there is food for all. The group will also meet virtually at Director Carol Manning, carolm@ the same time using BlueJeans. Email [email protected] for login information. okbar.org.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 73 Bench and Bar Briefs

ON THE MOVE

David H. Herrold has joined Marshall focuses on providing daily which included representatives the Dallas law firm of Burke guidance and litigation support from the Faculty Senate, Staff Bogdanowicz PLLC. He will to educational institutions and Advisory Council and Student practice primarily in commercial on representing both public and Association. Mr. Carson, an OU litigation and corporate counsel. private employers in all areas of College of Law graduate, was Mr. Herrold received his J.D. from employment law and litigation. elected to Congress from the 2nd the TU College of Law in 1996 and She received her J.D. from the District in 2000. In 2008, he was previously worked in Conner & TU College of Law in 2009. called to active duty as a naval Winters’ Tulsa office. intelligence officer and oversaw Barrett L. Powers and Lacy several weapons intelligence teams C. Austin Birnie was named Pulliam have joined the Tulsa in Iraq. He also served as undersec- partner at Conner & Winters LLP. office of GableGotwals as asso- retary of defense, undersecretary of Since joining the firm in 2014, he ciates. Mr. Powers will focus on the Army and Army general coun- has developed a practice in Native business litigation in state and fed- sel for the Obama administration. American law, including litigation eral courts and federal civil rights Most recently, he was a member of on behalf of tribes in federal, tribal litigation. He received his J.D. the University of Virginia faculty, and state courts, as well as trans- from the TU College of Law. Ms. teaching courses in national secu- actional matters with an emphasis Pulliam practices in the areas of rity and the public sector. on Indian country financings and civil litigation, general insurance gaming developments. He also defense litigation and healthcare GableGotwals has relocated maintains an active general com- law. She received her J.D. from the its Tulsa office to the Vast Bank mercial litigation practice, serving TU College of Law. Building, located at 110 N. Elgin clients across a broad range of Ave. in the historic Greenwood industries, including banking, Roger A. Stong has been elected District. energy and real estate. Mr. Birnie by the directors of Crowe & received his J.D. from the Duke Dunlevy to serve as the firm’s Jared K. Nelson has joined the University School of Law in 2014. president and CEO for 2021. Mr. Tulsa law firm of Sherwood, Stong practices in the areas of McCormick & Robert. He prac- Brian J. Kuester and Emily C. corporate and securities law. This tices in the areas of transactional, Krukowski have joined Rosenstein, is his second tenure as president, regulatory and compliance mat- Fist & Ringold as of counsel. having served in that role from ters involving corporate, business Samanthia S. Marshall has joined 2008 to 2012. Additionally, James W. and health care issues. Mr. Nelson the firm as a shareholder and Larimore was reappointed as graduated with honors from the director. Mr. Kuester will practice vice president of economics, TU College of Law. primarily in the areas of educa- and Adam W. Childers, Kari tion, municipal law and litigation. Hoffhines and Malcolm E. Phillip J. Tucker and Brenda R. He received his J.D. from the Rosser IV were named members Fitzpatrick have joined the TU College of Law in 2000 and of the firm’s executive committee. Oklahoma City office of Doerner, previously served as the U.S. Cynda C. Ottaway will serve Saunders, Daniel & Anderson LLP attorney for the Eastern District as chair of the firm’s board and as members of the firm’s Family of Oklahoma since September Karen S. Rieger as vice chair. Law Practice Group. Mr. Tucker 2017. Ms. Krukowski focuses on is a partner at the firm and has research and writing at all stages Brad Carson will become the over 37 years of family law experi- of litigation in the areas of educa- University of Tulsa’s 21st president ence. He practices primarily in the tion, employment and municipal on July 1. He was chosen at the areas of adoptions, guardianships law. She received her J.D. from the recommendation of a 13-member and general family matters. Ms. TU College of Law in 2014. Ms. Presidential Search Committee, Fitzpatrick joins the firm as an

74 | MAY 2021 THE OKLAHOMA BAR JOURNAL attorney of counsel. She practices Malinda Matlock, Elizabeth Patrick F. Collogan has joined primarily in the areas of modifi- Sharrock and Joseph Stall have The Biby Law Firm in Tulsa as a cation and enforcement of court joined the Oklahoma City office partner. Mr. Collogan will practice orders related to support, custody of Rhodes Hieronymus Jones primarily in the areas of personal and visitation and family law Tucker and Gable PLLC, which injury, including motor vehicle matters related to property and has relocated to 1001 NW 63rd St., and trucking collisions, oilfield dept division, spousal support, Suite 280. Ms. Matlock, a partner incidents, premises liability inju- child custody and visitation, child of the firm, practices in the areas ries and insurance bad faith. He support, contested adoptions and of employment litigation, sexual graduated from the OU College guardianships. misconduct, premise liability, of Law in 2011. transportation, bad faith insurance Benjamin K. Davis was named claims, coverage disputes and pro- Burl O. Estes was appointed by partner of the Oklahoma City law fessional liability. Ms. Sharrock, Gov. Kevin Stitt to serve as associate firm of Hartzog Conger Cason. a partner of the firm, practices in district judge for Osage County. Mr. Since joining the firm in 2019, Mr. the areas of professional liability, Estes has been in private practice in Davis has practiced primarily in employment law, premise liabil- Bartlesville since 2008, practicing the areas of real estate transactions, ity and general civil litigation. primarily in the areas of crimi- commercial lending and financial Mr. Stall, an associate of the firm, nal defense, family and domestic transactions and general corporate practices in the areas of com- matters, probate, deprived child and business matters. He received plex litigation matters, including cases and litigation matters. He has his J.D. from the OU College of transportation, product liability, been a contracting attorney for the Law in 2013 and currently serves employment, medical negligence Washington County Courts since on the Oklahoma County Bar and construction. 2008 and is the city attorney for Association Young Lawyers Dewey. He received his J.D. from Division Board of Directors. Lindsey Kaiser and Curtis Kaiser the TU College of Law. have joined the Tulsa office of Steve Hanna has joined the Rhodes Hieronymus Jones Tucker Peter K. Reilly has become an Oklahoma City office of Testan and Gable PLLC. Ms. Kaiser, an adjunct professor at Georgetown Law as an associate. Mr. Hanna associate of the firm, practices in the University Law Center in has dedicated his 31-year legal areas of community association law Washington, D.C., where he career to the litigation of workers’ and defense of insurance matters. teaches federal tax practice and compensation claims. He served Mr. Kaiser, of counsel, practices in procedure (litigation). Mr. Reilly as chairman of the OBA Workers’ the areas of estate planning, probate received his J.D. from the TU Compensation Section in 2002. and community association law. College of Law in 1985.

HOW TO PLACE AN you. Sections, committees and county Submit news items to: ANNOUNCEMENT: bar associations are encouraged to The Oklahoma Bar Journal welcomes submit short stories about upcoming or Lauren Rimmer short articles or news items about OBA recent activities. Honors bestowed by Communications Dept. members and upcoming meetings. If other publications (e.g., Super Lawyers, Oklahoma Bar Association you are an OBA member and you’ve Best Lawyers, etc.) will not be accepted 405-416-7018 moved, become a partner, hired an as announcements. (Oklahoma-based [email protected] associate, taken on a partner, received publications are the exception.) a promotion or an award or given Information selected for publication Articles for the August issue must be a talk or speech with statewide or is printed at no cost, subject to editing received by July 1. national stature, we’d like to hear from and printed as space permits.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 75 ON THE MOVE KUDOS

Nikki Kirkpatrick and Anthony L. Rex Hodges was awarded the LeAnne Burnett has been selected Bonner Jr. were appointed by ABA Military Pro Bono Project as a Fellow of the Litigation Gov. Kevin Stitt to serve as dis- Outstanding Services Award for Counsel of America, a trial lawyer trict judges for Oklahoma County. extraordinary pro bono services honorary society composed of less Ms. Kirkpatrick, an assistant in 2020 through the ABA Military than 0.5% of American lawyers. attorney general and experienced Pro Bono Project by the ABA Fellowship is highly selective and trial lawyer, previously served as Standing Committee on Legal by invitation only. Ms. Burnett is a prosecutor for the Oklahoma Assistance for Military Personnel. a director of Crowe & Dunlevy’s County District Attorney’s Office, Energy, Environment & Natural handling all types of crime from Associate District Judge Brad Resources Practice Group. She homicide to property crimes and Benson was awarded the Chief is also a Fellow of the American focusing on domestic violence pros- Justice Award of Excellence by College of Environmental Lawyers ecution. In 2017, she was awarded former Chief Justice Noma Gurich and a founding member of the the Governor’s Commendation for at the February Oklahoma Judicial OBA Environmental Law Section. Distinguished Service in Domestic Conference meeting. Judge Benson Violence. She received her J.D. from began his judicial service in 2010 Mark A. Craige has been appointed the OCU School of Law in 2009. and has now completed 11 years as to serve on the American College Mr. Bonner is an experienced civil judge in Tillman County. He has of Bankruptcy Board of Regents. litigator and trial lawyer who has served on the Oklahoma Judicial Mr. Craige, an ACB Fellow since litigated hundreds of cases and Conference Executive Board since 2000, will represent the 10th Federal has more than 30 trials, including 2012 and as president in 2017. In Judicial Circuit on the board and both bench and jury trials, across 2020, he co-chaired a committee to will chair the Circuit Admissions Oklahoma. He previously served advise Oklahoma courts on how Council for that circuit. as staff counsel with Angela D. to safely conduct jury trials during Ailles & Associates and the law the COVID-19 pandemic. office of Steve Crittenden, Legal Aid Services of Oklahoma and Judge Paul Hesse, district judge as an associate attorney with for Canadian County, was Cathcart & Dooley. He received appointed to serve as the presid- his J.D. from the OU College of ing judge of Oklahoma’s multi- Law in 2006. county grand jury March 26 by Oklahoma Supreme Court Chief Johanna F. Roberts has joined the Justice Richard Darby. The mul- Oklahoma City office of Conner & ticounty grand jury investigates Winters LLP. Ms. Roberts will crimes that occur in every county practice primarily in the areas of of the state, as well as crimes litigation and regulatory practice. that involve multiple counties. After receiving her J.D. from the As presiding judge, he will have OU College of Law with honors in jurisdiction over all investigations, 2018, she was an assistant pub- indictments, reports and other lic defender with the Oklahoma grand jury activities. County Public Defender’s Office. She is a member of the Order of the Coif, Order of the Barristers and Order of the Scribes.

76 | MAY 2021 THE OKLAHOMA BAR JOURNAL

In Memoriam

herri Kay Anderson of Tulsa tanley P. Doyle of Tulsa died on Oscar Lagerberg of Sdied Feb. 6. She was born SApril 7. He was born Aug. 26, JFrederick died July 4, 2020. March 31, 1954, in Cushing. Ms. 1939, Youngstown, Ohio. He grew He was born Sept. 28, 1952, in Anderson attended high school up in north Tulsa and eventually Newport, Rhode Island. Mr. at C.E. Donart in Stillwater and attended Cherokee Junior High and Lagerberg served eight years in later earned her master’s degree Central High School, class of 1957. the U.S. Army, including Fort as a CPA. She received her J.D. Mr. Doyle received his J.D. from the Benning, Germany and Fort from the TU College of Law in TU College of Law in 1964, where Sill, before being honorably 2004 and opened her own practice, he was the first editor in chief of discharged as a staff sergeant. Anderson Law. She was an active the Tulsa Law Journal and the first He received his J.D. from the member of Eastland Assembly of business manager for the Nimrod OU College of Law in 1983 and God Church in Tulsa. Literary Journal. In 1975, he earned worked in the district attorney’s his LL.M. from the New York office in Cotton County, Tillman ugene P. De Verges of Tulsa University School of Law. He was County and as first assistant in Edied March 14. He was born the principal of Doyle and Harris McCurtain County until retiring Jan. 26, 1953, in New Orleans. Mr. LLP and several other firms in his in 2007. He then opened a private De Verges graduated with hon- name. Memorial contributions may practice in Walters, where he ors from OSU and received his be made to the Community Food worked until retiring in May 2020. J.D. from the University of Texas Bank of Eastern Oklahoma. Mr. Lagerberg also filled in as city School of Law in 1980. He was an judge for Lawton for over 10 years. avid tennis player and belonged to erry L. Franks Jr. of Tulsa died the Tulsa Tennis Club and Shadow JMarch 9. He was born July 16, anet C. Love of Springfield, Mountain Racquet Club. He was 1964. Mr. Franks received his J.D. JMissouri, died Aug. 15, 2020. also an adult leader in the Boy from the TU College of Law in 1990. She was born Oct. 18, 1961, in Scouts of America and received Charlotte, North Carolina. Ms. many awards, including the Silver aniel “Rick” Funk of Tulsa Love returned to school in 2014 to Beaver. Memorial contributions Ddied March 25. He was born obtain her bachelor’s degree. She may be made to Cascia Hall Jan. 6, 1946, in Philadelphia. After received her J.D. from the OCU Preparatory School or the charity earning a master’s degree in busi- College of Law in 2017. of your choice. ness administration from Lehigh University, Mr. Funk received his illiam D. Maguire of aDonna F. Douglas of J.D. cum laude from Penn State WOklahoma City died Jan. 20, LOklahoma City died Feb. 14. Dickinson Law School in 1973. 2019. He was born June 1, 1932, She was born June. 6, 1956. Ms. He began his legal career at the in Oklahoma City. Mr. Maguire Douglas received her J.D. from Pittsburgh law firm of Eckert, graduated from St. Gregory’s High the OCU School of Law in 1987 Seamans, Cherin & Mellott. In School in Shawnee, received his and served as a senior attor- 1988, he became a member of the bachelor’s degree from Central ney for the Federal Aviation OBA and retired in 2013 from the State College in 1955 and earned Administration. She was a certi- law firm of Conner & Winters. his master’s degree in education fied mediator for the Oklahoma Memorial contributions may be from OU in 1959. He received his Federal Executive Board, a court made to Clarehouse. J.D. from the OCU School of Law in appointed special advocate and 1970. Memorial contributions may a certified foster parent. amela Jo Hardwick of Manor, be made to St. Gregory’s Abbey. PTexas, died. She was born Jan. 29, 1945. Ms. Hardwick received her J.D. from the OU College of Law in 1970.

80 | MAY 2021 THE OKLAHOMA BAR JOURNAL oward R. Mefford of Berryhill ichard P. Trippet of Beaver tephen A. Zrenda Jr. of Hdied March 29. He was born Rdied March 14. He was born SEdmond died Jan. 16. He was Nov. 24, 1933, in Oktaha. Mr. June 13, 1938, in Tulsa. Mr. Trippet born Aug. 2, 1945, in New London, Mefford served in the U.S. Army received his J.D. from the TU Connecticut. After playing on from 1953 until he was honor- College of Law in 1962. He began the varsity basketball and base- ably discharged in 1955. He was his legal career in private practice ball teams at St. Bernard High stationed in Germany, working in Tulsa, and in 1963, he became School, he was recruited to play in warehouse supply. In 1963, the Beaver County attorney. Four the two sports at the University of he received his J.D. from the TU years later, he co-founded the law Connecticut. Mr. Zrenda served College of Law, graduating second firm of Leonard and Trippet. In as a captain in the U.S. Marine in his class. He was a partner at 1999, he and his partners formed Corps, 1st Reconnaissance the law firm of Robert Wilde, Bob the law firm of Trippet & Kee. He Battalion, during the Vietnam Pigman, Robert Miles and Howard was active in the Beaver Rotary War. He was awarded the Mefford and was appointed to Club, Beaver Jaycees, Beaver Bronze Star and Silver Star for serve as a Tulsa County special Chamber of Commerce, Beaver his gallantry. Upon his return, judge in 1992. He also served on County Bar Association, Beaver he received his J.D. from the the Berryhill Fire Board from 2009 Masonic Lodge, Beaver Babe Ruth University of Kentucky School to 2020 and was chairman of the Baseball Program and the Beaver of Law in 1973. He established board for several years. County Law Library. Memorial his own securities law practice contributions may be made to the in Oklahoma City and served a erbert J. Sliger Jr. of Beaver County Memorial Hospital, diverse, global corporate clientele. HScottsdale, Arizona, died Beaver Volunteer Fire Department, March 7. He was born Nov. 21, Jones and Plummer Trail Museum, 1948, in Urbana, Illinois. After Beaver County Pioneer Library or receiving his bachelor’s degree Beaver United Methodist Church. from the University of Illinois in 1970, Mr. Sliger joined the homas R. Weaver of Duncan U.S. Marine Corps. He received Tdied Feb. 12. He was born his J.D. from the University of Aug. 17, 1938, in El Paso, Texas. Mr. Arizona College of Law in 1974 Weaver attended the University and returned to Illinois, where he of New Mexico, where he was a practiced primarily in the areas of member of the Phi Delta Theta estates, trusts and employee bene- fraternity and a midshipman in fits, including pensions and other the Navy ROTC. He served in the employer retirement plans. He U.S. Navy as an officer in the then worked at various banks as Civil Engineering Corps Marine corporate counsel, recently achiev- Corp Base Camp in LeJeune, ing 30 years of service with J.P. North Carolina. He received his Morgan Chase as executive direc- J.D. from the University of Texas tor and assistant general coun- School of Law in 1968. In 1971, sel of the Office of the General he joined Halliburton Services in Counsel. Memorial contributions Duncan as a patent attorney. He may be made to the Society of St. was later named patent counsel Vincent de Paul in Phoenix or the and served in that capacity until ALS Association Arizona Chapter. 1993, when he opened a private practice in Duncan. Mr. Weaver remained active in the law until his retirement in 2018. After retiring, he was a volunteer guest reader at the Will Rogers Pre-K Center.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 81 2021 ISSUES AUGUST NOVEMBER Personal Injury DUI Editor: Cassandra Coats Editor: Aaron Bundy cassandracoats@leecoats. [email protected] com Deadline: Aug. 1, 2021 Deadline: May 1, 2021 DECEMBER SEPTEMBER Elder Law Bar Convention Editor: Luke Adams Editor: Carol Manning [email protected] Deadline: Aug. 1, 2021 OCTOBER Tax Law Editor: Tony Morales [email protected] Deadline: May 1, 2021

2022 ISSUES JANUARY AUGUST Meet Your Bar Association Gaming Editor: Carol Manning Editor: Scott Jones [email protected] FEBRUARY Deadline: May 1, 2022 Labor & Employment Editor: Roy Tucker SEPTEMBER [email protected] Bar Convention Deadline: Oct. 1, 2021 Editor: Carol Manning

MARCH OCTOBER Impact of Education McGirt v. Oklahoma Editor: Luke Adams Editor: Aaron Bundy [email protected] [email protected] Deadline: May 1, 2022 Deadline: Oct. 1, 2021 NOVEMBER APRIL Municipal Law Law Day Editor: Roy Tucker Editor: Carol Manning [email protected] Deadline: Aug. 1, 2022 MAY

EDITORIAL CALENDAR EDITORIAL Energy DECEMBER Editor: Tony Morales Ethics & Professional [email protected] Responsibility Deadline: Jan. 1, 2022 Editor: Casandra Coats cassandracoats@leecoats. com Deadline: Aug. 1, 2022

If you would like to write an article on these topics, contact the editor.

82 | MAY 2021 THE OKLAHOMA BAR JOURNAL

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84 | MAY 2021 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

THE MUSCOGEE (CREEK) NATION OFFICE OF THE ATTORNEY GENERAL is seeking applicants for one or JUDGE ADVOCATE GENERAL’S (JAG) CORPS more Assistant Attorney General positions designated for Oklahoma Army National Guard is seeking for criminal prosecutors. Applicants must possess a J.D. qualified licensed attorneys to commission as and be a member in good standing of a state bar in any Judge Advocates. Selected candidates will complete U.S. jurisdiction. Applications must be submitted online a six-week course at Fort Benning, Georgia followed and are available at mcn-nsn.gov. by a tenand one-half week Military Law course at the Judge Advocate General’s Legal Center on the beauti- ful campus of University of Virginia in Charlottesville, CITY OF BROKEN ARROW is hiring for an Assistant Virginia. This is not a full-time employment position. City Attorney – Litigator. Apply online at www. brokenarrowok.gov/government/jobs. Judge Advocates in the Oklahoma National Guard will ordinarily drill one weekend a month and complete a two-week Annual Training each year. Benefits EDMOND LAW FIRM seeking attorney with 1-4 years of include low cost health, dental, and life insurance, PX experience. Candidate should be self-motivated, detail- and commissary privileges, 401(k) type savings plan, oriented, organized, and able to prioritize multiple free CLE, and more! For additional information con- projects at one time and have the ability to work with tact CPT Rebecca Pettit, email Rebecca.l.pettit.mil@ senior attorneys to best serve client needs. Interested mail.mil or call 405-228-5052. candidates are asked to provide the following: (1) cover letter; (2) resume; (3) professional references; and (4) writing sample. Please direct all communications to NORMAN BASED LAW FIRM IS SEEKING SHARP, [email protected]. Salary commensurate MOTIVATED ATTORNEYS for fast-paced transactional with experience. work. Members of our growing firm enjoy a team atmo- sphere and an energetic environment. Attorneys will be HOLLADAY & CHILTON, PLLC, an Oklahoma City AV part of a creative process in solving tax cases, handle an rated litigation law firm, is seeking experienced attorneys assigned caseload and will be assisted by an experienced dedicated to providing clients with the highest quality support staff. Our firm offers health insurance benefits, of legal representation to join the firm in either an Of paid vacation, paid personal days and a 401K matching Counsel or office sharing arrangement. Within walking program. No tax experience necessary. Position location distance of the state and federal courts, H&C has beau- can be for any of our Norman, OKC, or Tulsa offices. tiful, renovated office space in the heart of downtown, Submit resumes to [email protected]. including what you have always wanted and earned – spacious corner offices with great views. Included is the DELAWARE RESOURCE GROUP OF OKLAHOMA, LLC use of two conference rooms, full kitchen, receptionist, (DRG), a leading global Native-American family owned high speed internet, telephone, utilities, janitorial ser- aerospace defense contractor based in Oklahoma City, vice, printers, copiers and fax. Garage parking available. seeks one or more Assistant General Counsels with 0-5 Referrals possible. If interested, contact Gary Chilton at years of experience to assist and support General Counsel (405) 236-2343 or [email protected]. in broad range of in-house legal issues, including but not limited to employment and labor; contract drafting, THE OKLAHOMA BAR ASSOCIATION HEROES pro- review, analysis, and interpretation; statutory and reg- gram is looking for several volunteer attorneys. The need ulatory interpretation and analysis (Federal Acquisition for FAMILY LAW ATTORNEYS is critical, but attorneys Regulations); international business and export issues; and from all practice areas are needed. All ages, all counties. compliance. Strong preference for background in human Gain invaluable experience, or mentor a young attorney, resources, labor relations, and/or government contracting. while helping someone in need. For more information or Please go to www.drgok.com/careers for more informa- to sign up, contact 405-416-7086 or [email protected]. tion and to apply. DRG is also seeking a legal intern and a contracts specialist.

THE OKLAHOMA BAR JOURNAL MAY 2021 | 85 POSITIONS AVAILABLE POSITIONS AVAILABLE

WATKINS TAX RESOLUTION AND ACCOUNTING THE UNIVERSITY OF TULSA COLLEGE OF LAW FIRM is hiring attorneys for its Oklahoma City and Tulsa invites applications for the Director of Academic offices. The firm is a growing, fast-paced setting with a Support position. The Director of Academic Support focus on client service in federal and state tax help (e.g. provides programming and activities from 1L orienta- offers in compromise, penalty abatement, innocent spouse tion through post‐graduation Bar preparation for stu- relief). Previous tax experience is not required, but previous dent academic and professional success. To implement work in customer service is preferred. Competitive salary, the goals of student success, the Director of Academic health insurance and 401K available. Please send a one-page Support will work closely with the Associate Dean resume with one-page cover letter to [email protected]. of Students, administrators and faculty to envision, develop and implement ongoing academic success, time THE UNIVERSITY OF TULSA COLLEGE OF LAW management, and wellness programming for all stu- invites applications for one or more legal writing assistant dents, with targeted programs as needed for students. professor positions to begin August 2021. Areas of teach- The Director will provide programming for all 1L, 2L ing may include, though not necessarily limited to, Legal and 3L students, which may include, but is not limited to, Writing I, Legal Writing II, Legal Writing III. Minimum workshops, programming, one‐on‐one tutoring, skills qualifications include J.D. from an ABA‐accredited law labs, mentoring, and/or other support activities that school, a strong academic record, and excellent written will meet student learning needs and improve student and oral communication skills. Relevant legal practice outcomes based on data‐driven research. The Academic experience is preferred. The University of Tulsa College Support Director will be responsible for the law school’s of Law, as an equal opportunity/affirmative action Bar support and success program, including teaching employer, is committed to equality of opportunity in its the required Bar preparation course that students take employment of faculty and staff, without discrimination in their last semester of law school. Minimum qual- on the ground of race, color, religion, national origin, ifications include J.D. from an ABA-accredited law gender, age, disability, or sexual orientation. Members school, excellent communication skills, and relevant of under‐represented groups are strongly encouraged to experience. The University of Tulsa seeks to recruit and apply. If you would like to learn more about the College retain talented students, faculty and staff from diverse generally, you may visit our website at www.law.utulsa. backgrounds. The University of Tulsa is an affirmative edu. Please submit a letter of interest, resume, writing action/equal opportunity employer and encourages sample, and diversity statement to Prof. Robert Butkin, qualified candidates across all group demographics to Chair, Appointments Committee, University of Tulsa apply. The University does not discriminate on the basis College of Law, 3120 E. 4th Place, Tulsa, OK 74104, or of personal status or group characteristic including, but email to robert‐[email protected]. not limited to race, color, religion, national or ethnic origin, age, sex, disability, veteran status, sexual orientation, gender identity or expression, genetic informa- LEGAL COUNSEL POSITION: Oklahoma-based tion, ancestry, or marital status. Please submit a cover Armstrong Bank, with 31 locations across two states, is letter, résumé, diversity statement, contact information seeking the position of Legal Counsel for our corporate for three references to: The University of Tulsa, Office Muskogee office. We have been in existence for well over of Human Resources, 800 S Tucker Drive, Tulsa, OK one hundred years and continue to grow with almost 450 74104 or submit online at tulsa.edu/job‐application. The employees and approximately $2.3 billion in assets cur- review of applications will commence immediately and rently. Salary will be commensurate with experience and will continue until the position is filled. The University we offer an attractive benefits package including health of Tulsa is an Equal Opportunity Employer including insurance, 401k match, profit sharing, paid holidays, an Disability/ Veteran. annual performance bonus and much more. Interested applicants may view the job description and apply on our website at www.armstrong.bank/connect/career- opportunities. Applications will be accepted through May 15th.

86 | MAY 2021 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

GROWING AND SUCCESSFUL NORMAN LAW A TULSA LITIGATION LAW FIRM SEEKS AN FIRM with strong client base seeks an attorney with ASSOCIATE ATTORNEY at our Tulsa location. The suc- 3 to 7 years’ experience. Practice is transactional and cessful candidate will possess a set of skills that trans- litigation, primarily in areas of real estate, business, late to the Court room. This position reports to seasoned construction, property, estate planning, and litigation. attorneys with years of multi discipline legal experience. Salary based upon experience. Top 25% of law school The position requires flexibility and able to work within class and member of preeminent Law Review highly Family law, Criminal law and other civil litigation as preferred. Submission of Resume MUST also include needed. Best prospect will have one year or more of Law School class rank and Law School transcript. Please experience. Send replies to [email protected] with email resume submissions to [email protected]. the subject line “Position BA.”

RAINEY LAW, LLP NEEDS 2-3 YEAR EXPERIENCED DOWNTOWN OKLAHOMA CITY FIRM IS SEEKING JUNIOR ASSOCIATE to join our established centrally CONTRACT ATTORNEY for complex civil litigation proj- located Oklahoma City broad general and civil busi- ects. Must have at least 7 to 10 years’ experience research- ness law firm. Visit www.okclaw.com to learn more ing and drafting civil briefs and crafting and responding about our team. Full time work available with compet- to discovery requests. Interested applicants should include itive compensation and flexible hours with partnership cover letter, resume and writing sample to Hampton opportunity. Interested? Send resume, transcript, writ- Barghols Pierce, 210 Park Ave., Suite 2700, Oklahoma City, ing sample, and references to: Amy Fairweather Info@ Oklahoma 73102 or email [email protected]. OkcLaw.com.

NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission (JNC) seeks applicants to fill a vacancy for an at-large position: District Judge, Seventh Judicial District, Office 6, Oklahoma City

To be appointed to this position, one must be a resident and registered voter of Oklahoma County (Seventh Judicial District) at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of four years’ experience within the State of Oklahoma as a licensed practicing attorney, a judge of a court of record, or both. Application forms can be obtained online at www.oscn.net (click on “Programs”, then “Judicial Nominating Commission”, then “Application”) or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chair of the JNC no later than 5:00 p.m., Friday, May 14, 2021. Applications may be hand-delivered, mailed, or delivered by third party commercial carrier. If mailed or delivered, they must be postmarked on or before May 14, 2021 to be deemed timely. Applications should be mailed/delivered to: Jim Webb, Chair Oklahoma Judicial Nominating Commission c/o Tammy Reaves Administrative Office of the Courts 2100 N. Lincoln Blvd., Suite 3 Oklahoma City, OK 73105

THE OKLAHOMA BAR JOURNAL MAY 2021 | 87 The Back Page A Continued Call for Making Oklahoma’s Legal Profession More Inclusive By Telana McCullough

LACK LEGAL HISTORY IS To begin to address implicit bias, inclusion does not require perfect Bfull of brilliance, tenacity and an office can encourage employees steps. In inclusive progress, there copious amounts of courage. Black to take the Harvard Implicit Bias is a commitment to diversity and attorneys have and continue to over- Test 3 and then require employees inclusion that makes the office come immense challenges to make to attend training on implicit bias.4 stronger with every lesson learned. our community more just. However, Do not hide racial issues that this progress is often hindered by CONNECT TO THE come up at an office. Have open the actions of fellow legal practi- HUMANITY IN OTHERS conversations about the problem tioners. Unfortunately, even though Office leaders should be inten- and find a solution that includes all Black attorneys today may be tional about connecting with all of the diverse voices surrounding counted in the diversity number at employees. Make sure the Black a table. Do the work to make sure a law office, it does not mean those attorneys’ voices are heard, valued Black attorneys and judges are given Black attorneys’ voices are neces- and included. Appreciate Black the same chance, grace and promo- sarily valued and included in office attorneys as individuals who have tion opportunities given to white dynamics. The things legal offices unique talents, goals and purposes. legal practitioners. This diverse and can do to make work environments A Black attorney who is given sup- inclusive work environment gives more inclusive are extensive, but port and resources will be in a posi- Black attorneys the space needed here are a few things to start with: tion to offer an even higher caliber to grow into stronger legal practi- work. Initially, it might be harder to tioners who continue to make more CHECK IMPLICIT BIAS connect with those who appear to be outstanding Black legal history. Black attorneys often face hos- different, but there will be exposure tilities stemming from unchecked to a new and valuable perspective implicit bias that leads to toxic work amongst many other benefits. This Ms. McCullough chairs the OBA environments. Implicit bias refers to type of connection starts with hon- Diversity Committee and is a the unconscious attitudes or stereo- est conversations about anti-Black staff attorney at the Oklahoma types that affect our understanding, racism in the legal profession.5 Department of Education in actions and decisions.1 Implicit bias Oklahoma City. can cause colleagues to unknow- PROGRESS OVER PERFECTION ingly treat and view Black attorneys Working in an environment ENDNOTE more harshly by unconsciously where implicit bias goes unchecked 1. kirwaninstitute.osu.edu/article/ understanding-implicit-bias. associating Black attorneys with and connection is not highly valued 2. www.uua.org/sites/live-new.uua.org/files/ negative stereotypes absorbed from can cause Black attorneys to seek microaggressions_by_derald_wing_sue_ph.d._.pdf. 3. implicit.harvard.edu/implicit/ society. The negative associations other job opportunities. In searching takeatouchtest.html. often come out in casual statements for a better work environment, there 4. www.americanbar.org/groups/litigation/ and actions called microaggressions2 is a desire for inclusive progress. initiatives/task-force-implicit-bias. 5. www.americanbar.org/groups/diversity/ that slowly kill diversity efforts. Starting the work of diversity and resources/black_lawyers_in_america_toolkit. THE OKLAHOMA BAR JOURNAL MAY 2021 | 89