View PDF Version

ALSO INSIDE: Assessing the Validity of Work Policies • Abatement Ab Initio Milestone Member Anniversaries • High School Mock Trial Program

Volume 89 — No. 10 — April 2018

LAW DAY 2018 SEPARATION OF POWERS: FRAMEWORK FOR FREEDOM

Invoice Payment YOUR LOGO Payment Detail

Amount Your Law Firm 1234 Main Street $ 500.00 Anytown, TX 12345 512-555-1234 [email protected] Card Information www.yourlawfirm.com Name on Card Roy Smith

Card Number CVV 5555 5555 5555 5555 111 Exp. PAY ATTORNEY August 2020

EASY FOR YOUR CLIENTS, A NO-BRAINER FOR YOUR FIRM.

SECURE credit card processing for law ﬁrms

IOLTA COMPLIANT THE PREFERRED CHOICE For more than a decade, LawPay has been the go-to Approved Member Beneﬁt solution for the legal industry. Our simple online payment of 47 STATE BARS solution helps lawyers get paid faster. LawPay lets you attach a secure payment link to your email, website, or Trusted by over invoices so that clients can pay with just a click. Our 50,000 lawyers solution was developed specifically for law firms, so earned and unearned fees are properly separated and your IOLTA is always protected from any third-party Powering payments for debiting. Simply put, no online payment processor has 30+ TOP PRACTICE more experience helping lawyers than LawPay. MANAGEMENT SOLUTIONS

Bar-Approved Contact our legal payment experts at Member Benefit 866-275-2206 or visit lawpay.com/oba

LawPay is a registered ISO of Citizens Bank, N.A. program planner:

William Mark Bonney, Herbert M. Graves Chapter 13 Trustee, Eastern District of Oklahoma Topics & Presenters: Basic Bankruptcy - Representing the Client Jerry D. Brown, Jerry D. Brown, P.C., OKC - It’s All in the Schedules Brian Huckabee, Tulsa - I’ve got the Automatic Stay, Now what? Seminar Elaine M. Dowling, Dowling Law Office, OKC - Who are the United States Trustee? Charles Snyder, Trial Attorney, FRIDAY, MAY 4, 9 a.m. - 2:50 p.m. 6/0 Office of the U.S. Trustee, OKC Oklahoma Bar Center - Live Webcast Available - Is Chapter 13 the best option for my Client? Greggory T. Colpitts, Join us by leaping into the law of Bankruptcy. The Colpitts Law Firm, Tulsa Linda Ruschenberg, Chapter 13 Learn the basics of Bankruptcy Law, case administration, how to prepare a Trustee for the Northern District of case for filing and your client's discharge and more. Oklahoma - Panel Discussion Early registration by April 27, 2018 is $150.00. Registration received after April 27, 2018 is $175.00 and walk-ins are William Mark Bonney, $200.00. Registration includes continental breakfast and lunch. To receive a $10 discount on in-person programs register Jerry D. Brown, Brian Huckabee, online at www.okbar.org/members/CLE. Registration for the live webcast is $200. Members licensed 2 years or less may Elaine M. Dowling, Charles Snyder, register for $75 (late fees apply) for the in-person program and $100 for the webcast. All programs may be audited (no Greggory T. Colpitts, materials or CLE credit) for $50 by emailing [email protected] to register. & Linda Ruschenberg

For details and to register go to: www.okbar.org/members/CLE Stay up-to-date and follow us on contentsApril 2018 • Vol. 89 • No. 10

THEME: Law Day 2018 Editor: Carol Manning

FEATURES PLUS 6 Our Favorite Time of the Year: Law Day 36 new Standard Applies to Assessing the By Roy Tucker validity of Work Policies Under the national Labor Relations Act 9 volunteers Needed for One-Day By Donn Meindertsma and statewide Hotline Hayley Stephens

10 Law Day Contest Winners 40 Abatement Ab Initio: Old Wine in New Casing or Old Wine With a New Kick? program planner: 24 County Law Day Chairpersons Bills of Interest William Mark Bonney, By Mbilike M. Mwafulirwa Herbert M. Graves Chapter 13 Trustee, 26 County Bar Association Activities Eastern District of Oklahoma 47 milestone Bar Member Anniversaries 32 Law Day Proclamation and Directive Topics & Presenters: 50 Legislative Report: Day at the Capitol - Representing the Client Basic Bankruptcy highlights Jerry D. Brown, Jerry D. Brown, P.C., OKC By Angela Ailles Bahm - It’s All in the Schedules Brian Huckabee, Tulsa DEPARTMENTS 52 mock Trial: A Competition of Constructive - I’ve got the Automatic Stay, madness in March Now what? 4 From the President By Kevin H. Cunningham Elaine M. Dowling, Seminar 56 From the Executive Director Dowling Law Office, OKC - Who are the United States Trustee? 58 Law Practice Tips Charles Snyder, Trial Attorney, FRIDAY, MAY 4, 9 a.m. - 2:50 p.m. 6/0 Office of the U.S. Trustee, OKC 60 ethics & Professional Responsibility Oklahoma Bar Center - Live Webcast Available - Is Chapter 13 the best option oard of overnors ctions for my Client? 62 B G A Greggory T. Colpitts, 66 Oklahoma Bar Foundation News Join us by leaping into the law of Bankruptcy. The Colpitts Law Firm, Tulsa Linda Ruschenberg, Chapter 13 68 Young Lawyers Division Learn the basics of Bankruptcy Law, case administration, how to prepare a Trustee for the Northern District of Validity of Work Policies – Page 36 case for filing and your client's discharge and more. Oklahoma 70 For Your Information - Panel Discussion 72 Bench and Bar Briefs Early registration by April 27, 2018 is $150.00. Registration received after April 27, 2018 is $175.00 and walk-ins are William Mark Bonney, $200.00. Registration includes continental breakfast and lunch. To receive a $10 discount on in-person programs register Jerry D. Brown, Brian Huckabee, 73 in Memoriam online at www.okbar.org/members/CLE. Registration for the live webcast is $200. Members licensed 2 years or less may Elaine M. Dowling, Charles Snyder, register for $75 (late fees apply) for the in-person program and $100 for the webcast. All programs may be audited (no Greggory T. Colpitts, 74 editorial Calendar materials or CLE credit) for $50 by emailing [email protected] to register. & Linda Ruschenberg 76 what’s Online For details and to register go to: www.okbar.org/members/CLE 80 the Back Page Abatement Ab Initio – Page 40 Stay up-to-date and follow us on From The President

The Power of Three

aw Day is May 1, and I hope you are planning and “the good, the bad and the ugly.” to be a part of the important day. Your county A genie grants three wishes, Goldilocks bar association is planning local events, and has her three bears and the three little Lour OBA Law Day Committee is putting the finishing pigs fight valiantly against the big, bad touches on our OBA celebrations. This year the wolf. Good things come in threes! Oklahoma Bar Association will be celebrating the As attorneys, we must continue to 67th anniversary of Law Day. The year 2018 will educate the public about our founders’ mark the 42nd year OBA members are offering free greatest legacy – a republic composed legal advice to the public. The Ask A Lawyer TV show of THREE separate and equal branches, will air May 3 at 7 p.m. on OETA. with the judicial branch entrusted The 2018 Law Day theme is “Separation of with ensuring that all Americans Powers: Framework for Freedom.” We learned in receive justice under the law. An elementary school that the Founding Fathers drafted indispensable element of our system a constitution that created a of government is an national government consisting of I encourage you to take independent judiciary. three branches. All three branches We must ensure were needed to have a working the opportunity of the 2018 that our heritage government, and no one branch Law Day theme to remind of an independent was to have too much power. third branch is Do you think our Founding others that our framework passed on to our Fathers were influenced by the of freedom remains strong future generations. I power of the number three when encourage you to take they were when our three branches the opportunity of the creating the 2018 Law Day theme framework of government remain to remind others for our separate and equal. that our framework government? of freedom remains Look around and take note of strong when our three branches of the ways in which the number government remain separate and THREE is front and center equal. Now, “go, see and conquer” the in everyday life. Only three excitement of Law Day. primary colors (red, yellow and blue) are needed to mix most Author’s Note: Many thanks to Oklahoma other colors. A batter has three Court of Criminal Appeals Judge Dana strikes in baseball. Trilogies are Kuehn for her recent presentation in Tulsa, President Hays practices in Tulsa. [email protected] powerful and memorable: “snap, which inspired this examination of the 918-592-2800 crackle, pop,” “ready, set, go!” number three.

4 | APRIL 2018 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2018 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, Volume 89 — No. 10 — April 2018 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair responsible for the content of their ads, and Editor-in-Chief [email protected] LUKE ADAMS, Clinton the OBA reserves the right to edit or reject any advertising copy for any reason. CAROL A. MANNING, Editor CLAYTON BAKER, Vinita Legal articles carried in THE OKLAHOMA [email protected] BAR JOURNAL are selected by the Board of AARON BUNDY, Tulsa Editors. Information about submissions can MACKENZIE SCHEER be found at www.okbar.org. Advertising Manager PATRICIA A. FLANAGAN, Yukon [email protected] AMANDA GRANT, Spiro BAR CENTER STAFF LACEY PLAUDIS John Morris Williams, Executive Director; Communications Specialist C. SCOTT JONES, Oklahoma City Gina L. Hendryx, General Counsel; Joe [email protected] Balkenbush, Ethics Counsel; Jim Calloway, ERIN MEANS, Moore Director of Management Assistance Program; LAURA STONE Craig D. Combs, Director of Administration; Communications Specialist SHANNON L. PRESCOTT, Okmulgee [email protected] Susan Damron, Director of Educational LESLIE TAYLOR, Ada Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. Manning, Director of Communications; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Nester, Katherine Ogden, Steve Sullins, OFFICERS & Assistant General Counsels BOARD OF GOVERNORS Les Arnold, Gary Berger, Debbie Brink, KIMBERLY HAYS, President, Tulsa; RICHARD Melody Claridge, Cheryl Corey, Nickie Day, STEVENS, Vice President, Norman; CHARLES W. CHESNUT, Ben Douglas, Dieadra Florence, Johnny President-Elect, Miami; LINDA S. THOMAS, Immediate Past Marie Floyd, Matt Gayle, Suzi Hendrix, Darla President, Bartlesville; MATTHEW C. BEESE, Muskogee; JOHN W. Jackson, Debra Jenkins, Rhonda Langley, Jamie COYLE III, Oklahoma City; MARK E. FIELDS, McAlester; KALEB K. Lane, Durrel Lattimore, Renee Montgomery, Whitney Mosby, Lacey Plaudis, Tracy Sanders, HENNIGH, Enid; BRIAN T. HERMANSON, Ponca City; JAMES R. Mackenzie Scheer, Mark Schneidewent, Laura HICKS, Tulsa; ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; Stone, Margaret Travis, Krystal Willis, Laura BRIAN K. MORTON, Oklahoma City; JIMMY D. OLIVER, Stillwater; Willis, Jennifer Wynne & Roberta Yarbrough BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Tulsa; NATHAN D. RICHTER, Mustang, Chairperson, OBA Young Lawyers Division Oklahoma Bar Association 405-416-7000 Toll Free 800-522-8065 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times a month FAX 405-416-7001 in January, February, March, April, May, August, September, October November Continuing Legal Education 405-416-7029 and December and bimonthly in June and July by the Oklahoma Bar Association, Ethics Counsel 405-416-7055 1901 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage General Counsel 405-416-7007 paid at Oklahoma City, Okla. and at additional mailing offices. Lawyers Helping Lawyers 800-364-7886 Mgmt. Assistance Program 405-416-7008 Subscriptions $60 per year except for law students registered with the OBA and Mandatory CLE 405-416-7009 senior members who may subscribe for $30; all active members included in dues. Board of Bar Examiners 405-416-7075 Single copies: $3 Oklahoma Bar Foundation 405-416-7070 Postmaster Send address changes to the Oklahoma Bar Association, P.O. Box www.okbar.org 53036, Oklahoma City, OK 73152-3036.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 5 Law Day 2018

Our Favorite Time of the Year: Law Day By Roy D. Tucker

e learned in middle school there are three independent branches of government: the legislative, which makes the laws; the executive, which enforces the laws; Wand the judicial, which interprets the laws. No one branch is more powerful than the other, ensuring a fair system of checks and balances upon the other. This constitutional framework is most often referred to as the separation of powers doctrine.

hear the term “constitutional excel at it. We should not leave our crises” used by media outlets special talents at our office door. nationwide to describe actions that Being celebrated in Oklahoma are believed to either violate or since the 1950s, Law Day is an diminish in some way the balance excellent opportunity to share our of power within the government. talents with another generation. These instances, if true, should It is an opportunity to work with be a terrifying assault to our our favorite colleagues, old and freedom. As James Madison once new, to do something meaningful said, “[t]he accumulation of all and to stir the same fire for the law powers, legislative, executive, that we have in our careers. and judiciary, in the same hands, This year’s Law Day theme whether of one, a few or many, ASK A LAWYER TV SHOW is “Separation of Powers: and whether hereditary, self- This year’s Ask A Lawyer Framework for Freedom.” appointed, or elective, may justly program will air Thursday, May It is intended to remind us be pronounced the very definition 3, at 7 p.m. on OETA, Oklahoma’s that balanced power within of tyranny.” public television stations across the government protects our We, as lawyers, are the ensurers the state. The topics cover the individual freedoms and of the “check” in the check and success of mental health court, liberties. It teaches that we must balance of power. estate planning and record be mindful that this doctrine One of the primary objectives expungement. Attorney Courtney requires us, as the governed, to of Law Day has always been Blau will host the show, joining continually ensure that these education and reverence for the veteran newscaster and attorney checks and balances are kept rule of law. As lawyers, we are Dick Pryor as moderator. We sacred through activism, being necessarily educators. We educate expect this to be one of the best informed, voting and in one our clients, jurors and, in some shows yet! way or another participating in cases, opposing counsel. We do The necessity of mental health our government. We frequently it all the time, and by training, court will be discussed by District

6 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Attorney David Prater and our passing, our loved ones are and other community service OKC attorney Catherine Burton. not saddled with unnecessary efforts have on Oklahomans. This segment will focus on the stress and burdens. Oklahoma Supreme Court Chief too-often ignored problem of The expungement segment Justice Douglas Combs will share mental health and how courts are will focus on attorney Clint James his thoughts on this year’s theme recognizing the need to punish not and his client who will discuss the and will recognize the Law Day only the actions, but also to treat methods of expunging criminal Contest winners. the underlying impetus that lead records and how to use existing to those actions. law to give individuals a second The estate planning segment chance at gainful employment and will feature attorney Donna quality of life. Jackson and two of her clients. OBA President Kimberly Hays This segment will focus on the will talk about the impact the Ask wisdom for planning so that with A Lawyer free legal advice project Thursday, May 3 7-8 p.m. on OETA

Featuring Segments On: Mental Health Court Estate Planning Expungement

Hosted by Courtney Blau and moderated by Dick Pryor

Special Guests: Oklahoma Supreme Court Chief Justice Douglas Combs and OBA President Kimberly Hays

Reginald Lee, a 2017 graduate of the Law Day Committee member Jennifer Oklahoma County Mental Health Court, Tunder interviews Donna Jackson for shares his experience with mental the estate planning segment. health court.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 7 CONTESTS AND ACTIVITIES Two email addresses have been DIRECTIVE More than 900 students created – askalawyer@okbar. AND PROCLAMATION from across the state submitted org and pregunteaunabogado@ Supreme Court Chief Justice entries focused on this year’s okbar.org for Spanish-speaking Douglas Combs is continuing the theme, “Separation of Powers: Oklahomans. Participating in Ask OBA Law Day tradition of issuing Framework for Freedom.” The A Lawyer is a great way for all a Law Day Directive, encouraging entries ranged from writing Oklahoma lawyers to celebrate courts to host Law Day events to coloring and art mediums. Law Day. This annual event gives or to visit schools speaking on A ceremony was held at the us the opportunity to provide a the role of the judiciary. Gov. Oklahoma Judicial Center on much-needed community service Mary Fallin has also signed a March 27 for first-place winners. while promoting a positive public proclamation designating May 3 Those earning second place or an image of lawyers and the OBA. as Law Day in Oklahoma. honorable mention were honored The Law Day Committee is in their home county with the help also committed to assisting the GET INVOLVED of their county bar association. Hispanic community by offering We urge you to participate by See the names of all the winners free legal advice in Spanish. To volunteering for the Ask A Lawyer and their winning entries online help ensure we have adequate event or by contacting your local at www.okbar.org/lawday or in bilingual coverage, Spanish- county bar and participating in this issue. speaking callers will be asked to the many activities occurring call the statewide toll-free number throughout the state. We are FREE LEGAL ADVICE between 3 and 9 p.m. If you speak always seeking interested lawyers For the 42nd year, we are Spanish or know lawyers who do, to get involved in the Law Day organizing the Ask A Lawyer please let us know. Committee and will soon be community service project, Oklahoma and Tulsa county planning next year’s activities. providing free answers to lawyers will work together to staff Please let me or committee Co- Oklahomans’ legal questions. This the statewide toll-free hotline from Chair Kara Pratt know if you are year’s project will be Thursday, 9 a.m. to 9 p.m. For other counties, available to lend your expertise May 3. Oklahomans will have the the Law Day Committee works Contact us: Roy Tucker, rtucker@ option to email their question or with each county’s Law Day muskogeeonline.org; or Kara to call in and speak to an attorney. chairperson to establish a network Pratt, [email protected]. of local county phone numbers Read John Morris Williams’ in addition to the statewide call to arms on page 56 and number. Volunteer lawyers in get involved! each participating county staff phones at their local location for ABOUT THE AUTHOR a predetermined time period and Roy D. Tucker is the city attorney for the City of Muskogee and is an the numbers are advertised during associate justice on the Supreme Court the Ask A Lawyer TV program. of the Citizen Potawatomi Nation. He Anywhere you live or work, is a past member of the OBA Board of your help is needed to make Governors, representing District 7, and this community service project is a past chair of the YLD. He is a 2003 a success. It takes a total of 30 graduate of the TU College of Law. attorneys for each two-hour shift to fully staff the statewide number. That effort, combined with the local county bars and those answering email questions, creates a huge need for lawyers to step forward. To volunteer, contact your local Attorney Mack Martin provides a caller county Law Day chairperson, with legal advice during the 2017 Ask A listed in this issue or online Lawyer event. at www.okbar.org/lawday.

8 | APRIL 2018 THE OKLAHOMA BAR JOURNAL VOLUNTEER Law Day 2018 LAWYERS NEEDED! Thursday, May 3 ASK A LAWYER statewide free legal advice Phone banks located at OETA studios in Oklahoma City and Tulsa, or local lawyers’ offices in nonmetro counties. Volunteers may also answer questions by email.

Oklahoma City: Tulsa: Other counties: Connie Resar Dan Crawford Contact your Law Day 405-236-8421 539-664-4289 chairperson for details. [email protected] [email protected] See the list of chairs at www.okcbar.org/events www.okbar.org/lawday.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 9 Law Day 2018 Contest Winners from Across the State

he OBA Law Day Committee would like to thank Oklahoma educators, students and their families for participating in the 2018 Law Day Contest. This year more than 900 students from 55 schools in 19 counties Tacross the state entered the contest. This year’s theme was “Separation of Powers: Framework for Freedom.” First- through 12th-grade students demonstrated their knowledge of the history and concepts of the theme through essays and multimedia art. Pre-K and kindergarten students were given a choice of coloring activity pages related to the theme, allowing them to show off their budding creative and writing abilities. For both elementary and secondary students, the contest gave them an opportunity to explore how state and federal separation of powers helps guarantee and protect all Americans’ rights.

Jonathan Coleman Grand Prize Twelfth Grade Art Mingo Valley Christian School, Tulsa

10 | APRIL 2018 THE OKLAHOMA BAR JOURNAL 1 2

1. 2. 3. 4. Kaley Stricklen Makena Murimi Berlin Hutton Amelia Kwok First Place Second Place First Place Second Place Pre-K Coloring Pre-K Coloring Kindergarten Coloring Kindergarten Coloring Covenant Community School, South Rock Creek School, Seiling Elementary School, Nichols Hills Elementary, Stillwater Shawnee Seiling Oklahoma City

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 11 7

11 OUR DEMOCRATIC HERITAGE United States of America does not have king or queen because citizens of the 13 colonies started saying “no” to the things king or queen wanted, and they started a revolutionary war. After that, they were free so USA became democratic country and George Washington was the first president. The United States has three branches Judicial, Executive, and Legislative. 6 All the branches share power, legislative makes the bill and in 8 executive branch president pass the bill and judicial impose after it becomes a law with most votes. Read the rest at www.okbar.org/LawDay.

5. 6. 7. 8. Bruce Campbell Sophie Buchanan Chloe Longnecker Jude Wier First Place Second Place First Place Second Place First Grade Art First Grade Art First Grade Writing First Grade Writing Covenant Community School, Virginia Smith Elementary, Hope Christian Academy, Hope Christian Academy, Stillwater Harrah Skiatook Skiatook

12 | APRIL 2018 THE OKLAHOMA BAR JOURNAL 9

9. 10. 11. 12. Elizabeth Kwok Dustin Hitchcock Cyrus Vij Jacob Katzung First Place Second Place First Place Second Place Second Grade Art Second Grade Art Second Grade Writing Second Grade Writing Nichols Hills Elementary, Covenant Community School, West Field Elementary, Covenant Community School, Oklahoma City Stillwater Edmond Stillwater

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 13 14

15 BRANCHES OF GOVERNMENT There are three branches of government. Number one is the Judicial, this branch makes sure that the laws agree with the Constitution. This is the Supreme Court. The next branch is Executive, This branch makes sure that the laws are obeyed. This branch includes the president. The next branch is Legislative. This branch makes the laws. This branch includes congress. I think the three branches are cool and good for us and the world because they maintain order. 16

13. 14. 15. 16. Paetyn Gilliam Dylan Mills Maxine Nevarez Vann Nasalroad First Place Second Place First Place Second Place Third Grade Art Third Grade Art Third Grade Writing Third Grade Writing Covenant Community School, Salina Elementary School, Jackson Elementary, Covenant Community School, Stillwater Salina Pauls Valley Stillwater

14 | APRIL 2018 THE OKLAHOMA BAR JOURNAL SEPARATION OF POWERS 19 17 The United States government established three separate branches of power. The Constitution divides the powers of the federal government among three branches. The three branches of government are the Legislative branch, the Executive branch, and the Judicial branch. The Legislative branch helps make the laws. The Executive branch enforces the law. It can veto or refuse to sign a law. Last is the Judicial branch, and they decide if the laws are Constitutional. Read the rest at www.okbar.org/ LawDay. Read the rest at www.okbar. org/LawDay.

20 THE THREE BRANCHES OF THE U.S. GOVERNMENT When our Founding Fathers set up our government they established the Checks and Balance methodology. The first branch of government is the Executive Branch. This branch of government is reserved for the President of the United States. The President has the power to make executive orders and make split second decisions that affect our country’s security. However, the court systems have the authority to overrule the President if needed. They represent the Judicial Branch of the government. There are various district courts located all over the United States. Read the rest at www.okbar.org/LawDay.

17. 18. 19. 20. Miles Bryant Natalie Bryant Avery Walther Kyndal Sadler First Place Second Place First Place Second Place Fourth Grade Art Fourth Grade Art Fourth Grade Writing Fourth Grade Writing Covenant Community School, Covenant Community School, Nichols Upper Elementary, Covenant Community School, Stillwater Stillwater Miami Stillwater

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 15 21

UNITED STATES 24 BRANCHES OF GOVERNMENT The United States created the three branches of government in order that on one has more power than the next branch. This was done to help the people of the United States. It also made the separation of powers foundation, checks and balances in order that equal power is handed out. Read the rest at www.okbar.org/ LawDay.

23 CREATING THE UNITED STATES The three branches legislative, executive and judicial were established in order to all have the same power. The government wanted to protect all individuals’ freedom and prevent power abuse. The theory behind that choice was that there would always be some person or institution that rules a nation. It needs power in order to function. More power than the Articles of Confederation provided. The first lesson learned was to be patient. It took eight years of conflict for independence to be declared. Benjamin Franklin is often quoted as having said, “He that can have patience can have what he will.” Read the rest at www.okbar.org/LawDay.

21. 22. 23. 24. Julia Chen Makenna Stephenson Maci Hall Gage Ellison First Place Second Place First Place Second Place Fifth Grade Art Fifth Grade Art Fifth Grade Writing Fifth Grade Writing Fisher Elementary, Covenant Community School, Middleberg Public Schools, Middleberg Public Schools, Oklahoma City Stillwater Blanchard Blanchard

16 | APRIL 2018 THE OKLAHOMA BAR JOURNAL THE SEPARATION OF THE THREE BRANCHES OF GOVERNMENT AND ITS IMPORTANCE HAIKU Government power Our design is the very best Heads above the rest England had a king When we gained independence No more tyranny Our founders were wise Gave power to the people A mixed government Separate powers With three different branches Checks and balances Read the rest at www.okbar.org/LawDay. 28 25

27 SEPARATION OF POWERS IN BRANCHES Did you know that the U.S. was the first nation to have separation of powers in branches? Well, I am here to tell you why separation of powers were set in place, and why they are important. First we are going to talk about checks and balances. Checks and balances are divided into three branches, which are the Legislative, Executive, and the Judicial Branch. They each have their own power. This keeps it balances and prevents one branch from gaining too much power. It would not be fair to the other branches if one branch had more power. This also prevents cruel and oppressive rule of government. Read the rest at www. okbar.org/LawDay.

25. 26. 27. 28. Jaziel E. Villapando Loren Simpson Olivia Shelton Trevor Waugh First Place Second Place First Place Second Place Sixth Grade Art Sixth Grade Art Sixth Grade Writing Sixth Grade Writing Waller Middle School, Waller Middle School, Middleberg Public Schools, Newman Middle School, Enid Enid Blanchard Skiatook

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 17 29 WHAT WOULD 31 HAPPEN? What do you think would happen if there were no separation of powers, or only one branch of government, or if all the nations in the world were led by one branch or person? Complete disorder and confusion, or what I like to call chaos. I’m going to tell you about separation of powers and the three branches of government in the Eastern Hemisphere. So here goes something. Read the rest at www.okbar.org/ LawDay.

32 SEPARATION OF POWERS The concept and implementation of separation of powers was most important in American history during the Founding Father’s creation of an effective constitutional structure of political institutions. The Constitution set up the Nation’s future by establishing a system of checks and balances in government and protecting the rights of citizens. Two important aspects of the U.S. Constitution are federalism and the separation of powers, these ideas represent the framers’ efforts to divide governmental power. Federalism limits government by creating two sovereign powers - the national government and state governments, there by restraining the influence of both. Separation of powers imposes internal limits by dividing government against itself, giving different branches separate functions and forcing them to share power. Read the rest at www.okbar.org/LawDay. 30

29. 30. 31. 32. Elsa Stewart Kadie Evans Jaci Reagle Clara Wright First Place Second Place First Place Second Place Seventh Grade Art Seventh Grade Art Seventh Grade Writing Seventh Grade Writing Waller Middle School, Waller Middle School, Middleberg Public Schools, Middleberg Public Schools, Enid Enid Blanchard Blanchard

18 | APRIL 2018 THE OKLAHOMA BAR JOURNAL 33

PEOPLES’ RIGHTS PROTECTION 36 In the United States of America, we have a democracy. Under this democracy we need to have a stable government, which means we need to balance the Federal government’s power. The Founding Fathers wanted to create checks and balances to equal out the branches of government. The framers were worried that the central government would misuse the power so they wrote the Constitution to create the separation of power. This made the Federal government’s power balanced among three equal but separate parts. By splitting the federal government, each branch could check or limit the power over each other. The three branches are the Legislative Branch, the Executive Branch, and the Judicial Branch. Read the rest at www. okbar.org/LawDay.

35 34 THE PEOPLE’S RIGHTS Every day, people around the world strive for an equal and safe society. Whether it be in our communities, state or nation, leaders and innovators change our society for the better. Burdened with the task of creating a new republic that paved the way for change, the Founding Fathers created the system of checks and balances, or a system of division of power. Ensuring the future and legacy of the new country, they split power apart between divisions of the government. Because of the system of checks and balances that were introduced through the creation of the United States Constitution, the people’s rights were valued and protected within the new government. Read the rest at www.okbar.org/LawDay.

33. 34. 35. 36. Thomas Buchanan Harley Angel Charlie McDonald Reese Woosley First Place Second Place First Place Second Place Eighth Grade Art Eighth Grade Art Eighth Grade Writing Eighth Grade Writing Harrah Middle School, Covenant Community School, Monte Cassino School, Monte Cassino School, Harrah Stillwater Tulsa Tulsa

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 19 LAW DAY POEM 40 37 Executive, Legislative, Judicial, No one branch has All of the powers. The Legislative branch Passes the law, The Executive Branch Enforces the plan, The Judicial branch Interprets the law. To divide the powers. The branches depend On each other so that they can Get the work done. A Law must pass Through all branches to be approved. This is what we call 39 Checks and Balances. FREE VERSE POEM This is what we call Branches, resembling that of The Separation of Powers. a tree, A single body, many intricate parts. 38 Operating together to accomplish a goal, Each possessing its own job, its own level of importance. United as one, divided into many, Like the citizens which they protect. Great minds in action, One mind chosen to oversee all. Balanced equally, No one branch to become too powerful, or it will fall. Established to protect, Upheld to withstand. The principles of our forefathers, Instituted into modernity.

37. 38. 39. 40. Grace Jones Jeffrey Phillips Caleb Kolman Kalyn Venable First Place Second Place First Place Second Place Ninth Grade Art Ninth Grade Art Ninth Grade Writing Ninth Grade Writing Mingo Valley Christian School, Mingo Valley Christian School, Mingo Valley Christian Kiefer High School, Tulsa Tulsa School, Tulsa Kiefer

20 | APRIL 2018 THE OKLAHOMA BAR JOURNAL 41 SEPARATION OF POWERS; 44 UNEQUAL POWERS It is commonly believed that all branches of America’s government are equal. But is this modern day conclusion truly what history reveals? Is this conclusion what America’s founding fathers had in mind while they created the constitution? The people of the United States of America have been blinded by the Supreme Court and not many realize it. As a nation, the people are experiencing a takeover. It is quiet, it is slow, but it is happening. The worst thing about the whole situation is that the American people are allowing it to happen right in front of them. They have allowed one branch of government to control them. Read the rest at www.okbar.org/LawDay.

43 LAW DAY On December 27 of 2017, I went to the public library in the town of Lawton, Oklahoma, to find research material for a school assignment. While I was wandering through the rows and rows of books, I took observations of the people around me. The realization then hit me. The realization that many of the people around me right now probably wouldn’t be here right now if it was not for the checks and balances placed on the government through the case of Skinner v. Oklahoma in 1942. This life altering case involved the end of sterilization in habitual criminals and psychiatric patients across the state. Therefore, the Skinner v. Oklahoma case shows the continuous importance of the checks and balance system in American society. Read 42 the rest at www.okbar.org/LawDay.

41. 42. 43. 44. Katie Williams Lindsay Bolino Bianca Karnes Kristen Morgan First Place Second Place First Place Second Place Tenth Grade Art Tenth Grade Art Tenth Grade Writing Tenth Grade Writing Pocola Middle School, Norman North High School, Lawton High School, Salina Pocola Norman Lawton

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 21 45 ABRAHAM LINCOLN: THE LIBERATOR OR LIBERTY VIOLATOR President Abraham Lincoln once said, “Those who deny freedom to others deserve it not for themselves. Although sixteenth president Abraham Lincoln is widely appraised for issuing the Emancipation Proclamation and preserving the Union, he is widely criticized for his use of executive power throughout the Civil War. President Lincoln fundamentally changed the authority of the president and the state through his exercise of power throughout his term. Read the rest at www.okbar.org/LawDay. 47

PROTECTING THE RIGHTS OF THE PEOPLE As Thomas Jefferson stated, “We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness” (“Declaration of Independence”). At times, the people’s rights may be tested or violated, but the primary role of the judicial branch of government is to interpret the Constitution and determine which laws and policies are constitutional. This function ultimately protects an individual’s rights as a citizen. The judicial branch uses the process of judicial review to secure rights and define responsibilities given within the constitution. Read 46 the rest at www.okbar.org/LawDay. 48

45. 46. 47. 48. Helena Singleton Haliegh Saulter Christine Nguyen Cassidy Beck First Place Second Place First Place Second Place Eleventh Grade Art Eleventh Grade Art Eleventh Grade Writing Eleventh Grade Writing Booker T. Washington High Pocola Middle School, Edmond Santa Fe High Pawnee High School, School, Tulsa Pocola School, Edmond Pawnee

22 | APRIL 2018 THE OKLAHOMA BAR JOURNAL 49 GOVERNMENT TREE Three branches on a tree They all have equal leaves Each branch has a different purpose No branch can gain too much authority Separating the branches protects the liberty Of every leaf Here’s how they work! Legislative branch … passes laws Executive branch ... enforces laws Judicial branch … interprets laws Three branches on a tree They all have equal leaves 52 THE CONTINUING IMPORTANCE OF ‘CHECKS AND BALANCES 50 The world seems to be full of quotes about balance, that “life is all about balance” or “balance is key”. This is very true, in order for anything to succeed in our world it must have a certain level of balance. This is especially accurate when talking about our government. The United States achieves this kind of equilibrium though the system of Checks and Balances and the structure of Separation of Powers. These two components are extremely crucial parts of the US government and have exhibited examples of how they provide balance to the running of our country. Read the rest at www.okbar.org/LawDay. 51

49. 50. 51. 52. J. Michael Bond Peyton Buchanan Morgan Duckwall Lucy Miller First Place Second Place First Place Second Place Twelfth Grade Art Twelfth Grade Art Twelfth Grade Writing Twelfth Grade Writing Mount St. Mary Catholic High Mingo Valley Christian School, Newcastle High School, Kiefer High School, School, Oklahoma City Tulsa Newcastle Kiefer

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 23 Law Day 2018 County Law Day Chairpersons

Adair Dewey Love Payne Joe D. Adair Judge Rick Bozarth Judge T. Todd Hicks Halli A. Martin 918-696-2172 580-328-5371 580-276-3373 405-241-4492 and Beaver Ellis Mayes Michael O’Rear Todd Trippet Joe Jackson Chase McBride 405-377-5000 580-625-4597 580-885-7503 918-825-4558 Pittsburg Canadian Garfield McClain Eric Grantham Blake Sawyer Benjamin Barker Haley Dennis 580-380-1526 405-376-2212 580-234-5144 405-527-7575 Rogers Carter Greer McCurtain Tim Wantland Steve Oliver Eric Yarborough Emily Herron 918-341-5973 580-224-0900 580-782-4020 580-286-7611 and Seminole Justin Landgraf Harmon Murray Judge Tim Olsen 580-226-6277 Judge Mike Warren Mark Melton 405-257-3386 580-688-2553 580-369-2376 and Choctaw Jack Cadenhead John Frank Wolf III Hughes Muskogee 405-382-6341 580-326-6427 Ryan H. Pitts John Tyler Hammons 405-379-5445 918-683-0309 Sequoyah Cimarron Kent S. Ghahremani Stanley Ed Manske Jackson Noble 918-775-5900 580-544-2571 Cole McMahan Shane Leach 580-482-5551 580-336-2039 Stephens Cleveland Carl J. Buckholts Julia Mills Mettry Johnston Okfuskee 580-252-3240 405-701-8856 Dustin Rowe Don McFarland 580-371-9561 918-623-2717 Texas Coal Evan Humphreys Johnny Sandmann Kay Oklahoma 580-338-3868 580-927-2314 John Andrew Amber Martin 580-767-0451 405-236-8888 Tulsa Comanche and Judge Martha Jasmine Redd Kingfisher Kellie Howell Rupp Carter 580-248-4675 John Salmon 405-706-9132 918-596-5372 405-375-3893 Craig Ottawa Wagoner Jason Seabolt Latimer Georgeann Roye Richard Loy Gray Jr. 918-944-8665 Ron Boyer 918-542-1845 918-485-2889 918-429-5020 and Custer Jennifer McAffrey Woodward Dana Hada 918-542-5547 Erin N. Kirksey 580-323-3232 580-256-9000

24 | APRIL 2018 THE OKLAHOMA BAR JOURNAL program planner:

David W. Lee, Riggs, Abney Neal, Turpen, Orbison & Lewis

A Guide to 42 U.S.C. § 1983 Topics & Presenters:

- Recent Developments in 42 U.S.C. § 1983 Principles and Litigation David W. Lee, Riggs, Abney Neal, Turpen, Orbison & Lewis - First Amendment Developments in 42 U.S.C. § 1983 Cases Andy Lester, Spencer Fane, LLP - Municipal Employment, Due FRIDAY, APRIL 27, 9 a.m. - 2:50 p.m. 6/0 Process, and Official and Oklahoma Bar Center - Live Webcast Available Individual Liability under 42 U.S.C. § 1983 Margaret McMorrow-Love, Love Law Firm During this seminar, the most recent cases and principles involving 42 U.S.C. - Arrest and Search and Seizure Section 1983 and the litigation of these issues in federal and state court will Issues in 42 U.S.C. § 1983 Cases be discussed. This seminar will be useful for those who are presently Section W. Brett Behenna, Coyle Law Firm 1983 litigators as well as those who are interested in getting involved with - Depositions, Opening and 1983 cases on both the plaintiff and defense side. The presenters are Closing Arguments in a 42 experienced in federal constitutional issues and litigation. U.S.C. § 1983 Case Melvin C. Hall, Riggs, Abney Neal, Turpen, Orbison & Lewis Early registration by April 20, 2018 is $150.00. Registration received after April 20, 2018 is $175.00 and walk-ins are - Education, Teachers, and $200.00. Registration includes continental breakfast and lunch. To receive a $10 discount on in-person programs register Student Rights Under 42 online at www.okbar.org/members/CLE. Registration for the live webcast is $200. Members licensed 2 years or less may U.S.C. § 1983 register for $75 for the in-person program and $100 for the webcast. All programs may be audited (no materials or CLE F. Andrew Fugitt, The Center credit) for $50 by emailing [email protected] to register. for Education Law, P.C.

For details and to register go to: www.okbar.org/members/CLE

THE OKLAHOMA BAR JOURNAL Stay up-to-date and follow us on APRIL 2018 | 25 Law Day 2018

County Bar Association Activities

BEAVER COUNTY begin at 6 p.m. and the cost is $20 for local high school seniors. BAR ASSOCIATION per person. Please RSVP to Emily A committee of attorneys, The Beaver County Bar Herron at 580-286-7611. paralegals and administrative Association will participate in assistants will receive the the Ask A Lawyer program from CIMARRON COUNTY applications and select winners 7-8 p.m. in conjunction with the BAR ASSOCIATION to receive scholarship awards statewide effort to provide free The Cimarron County Bar toward higher education. legal advice. Association will participate in The Comanche County Bar the Ask A Lawyer program from Association will also host its CANADIAN COUNTY 7-8:30 p.m. in conjunction with annual Law Day Luncheon on BAR ASSOCIATION the statewide effort to provide Thursday, May 3, at 11:30 a.m. in The Canadian County Bar free legal advice. the Great Plains Coliseum Annex Association will participate in Building in Lawton. The Law Day the Ask A Lawyer program from CLEVELAND COUNTY Luncheon is an event for those 6-8 p.m. in conjunction with the BAR ASSOCIATION in the legal profession, including statewide effort to provide free The Cleveland County Bar judges, attorneys, paralegals, legal advice. Association will celebrate Law court clerks, bailiffs and Day by selling Law Day T-shirts, administrative assistants. Awards CARTER COUNTY holding a Law Day luncheon at will be given to members of the BAR ASSOCIATION noon on May 2 in Judge Thad legal profession, scholarships will The Carter County Bar Balkman’s courtroom featuring be presented to local high school Association will participate in Supreme Court Justice Noma students and a speaker will share the Ask A Lawyer program from Gurich speaking on judicial words of encouragement. For 7-8 p.m. in conjunction with the independence and participating more information, please contact statewide effort to provide free in the Ask A Lawyer program Jasmine Redd at 580-248-4675. legal advice. from 6:30 to 9 p.m. in conjunction The CCBA annual Law Day with the statewide effort to Golf Tournament will be May CHOCTAW COUNTY provide free legal advice. 4 at the Lawton Country Club. BAR ASSOCIATION The golf tournament is set for a On May 5, the Tri-County COMANCHE COUNTY 9:30 a.m. shotgun start. If you Bar Association, comprised BAR ASSOCIATION are interested in participating of Choctaw, McCurtain and To celebrate Law Day, or if you have questions, please Pushmataha counties, will host the Comanche County Bar contact Golf Tournament a Law Day Banquet at the Idabel Association will host a Chair Monty Hightower at Country Club. The dinner will scholarship application process 580-355-8920.

26 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Local attorneys will visit area will be able to attend a question noon on May 2. Supreme Court high schools to speak to students. and answer session with justices are expected to attend and The attorneys will discuss law several lawyers. OBA President Kimberly Hays as a career, legal rights and will be the keynote speaker. responsibilities once the students HUGHES COUNTY turn 18. BAR ASSOCIATION JACKSON COUNTY The CCBA will also participate The Hughes County Bar BAR ASSOCIATION in the Ask A Lawyer program Association will partner with the The Jackson County Bar from 6-8 p.m. in conjunction with Seminole County Bar Association Association will participate in the statewide effort to provide free to celebrate Law Day. The HCBA the Ask A Lawyer program from legal advice. and SCBA will host a Law 6-8 p.m. in conjunction with the Day Luncheon at the Rudolph statewide effort to provide free GARFIELD COUNTY Hargrave Community Center at legal advice. BAR ASSOCIATION The Garfield County Bar Association will celebrate Law Day by participating in the Ask A Lawyer program from 6-8 p.m. in conjunction with the statewide effort to provide free legal advice. GCBA members will also speak at area schools on May 4 on the importance of separation of powers and equal branches of government.

GREER COUNTY BAR ASSOCIATION The Greer County Bar Association will give free legal advice from 6-8 p.m. on April 24. The GCBA will also conduct a mock jury trial at the Greer County Courthouse in Mangum. Following the mock trial, junior Seminole attorney Zack Pyron shares the history of Law Day with junior high students at high and high school students New Lima School, something he does every year.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 27 JOHNSTON COUNTY begin at 6 p.m. and the cost is $20 year will be OU College of Law BAR ASSOCIATION per person. Please RSVP to Emily Dean Joseph Harroz Jr. Tickets The Johnston County Bar Herron at 580-286-7611. are available by calling the OCBA Association will host a public Also on May 5, the MCBA at 405-236-8421. reception honoring the late will host a live Ask A Lawyer The Ask A Lawyer program will Judge Charles J. Migliorion at the program on KKBI 106.1 FM at take place Thursday, May 3, at the Johnston County Courthouse on 8:30 a.m. The public is invited to OETA studio from 9 a.m. to 9 p.m. May 1 at 10:30 a.m. call in and local attorneys will be and county bar members will staff answering questions. the state hotline. This community KAY COUNTY The MCBA will also speak to service event allows attorneys to BAR ASSOCIATION schools in McCurtain County assist the public by giving free To celebrate Law Day, the on the importance of separation legal advice over the telephone or Kay County Bar Association will of powers and equal branches via email. To sign up for this event, host a Lawyers in the Classroom of government throughout the go to www.okcbar.org or call event where legal professionals month of May. Connie Resar at 405-236-8421. will talk to students across Kay County about the profession. MUSKOGEE COUNTY OTTAWA COUNTY Members of the KCBA will also BAR ASSOCIATION BAR ASSOCIATION present Tonkawa Public School The Muskogee County Bar The Ottawa County Bar students with their Law Day Art Association will host a Wills for Association will celebrate Law and Writing Contest awards. The Heroes event at Arrowhead Mall Day by holding a mock trial for all KCBA will also participate in from 9 a.m.-5 p.m. on May 3. All fourth- and fifth-grade students the Ask A Lawyer program from first responders are eligible if in Miami at the Ottawa County 7-8 p.m. in conjunction with the they have an estate of less than Courthouse. The trial will involve statewide effort to provide free $600,000. Additionally, members a civil suit where Mr. Wolf sues legal advice. will participate in Lawyers in Little Piggy for damages caused the Classroom where they will when he came down Ms. Piggy’s MAYES COUNTY speak at local schools on the chimney into a pot of boiling BAR ASSOCIATION importance of separation of water. Additionally, presentations The Mayes County Bar powers and the legal profession. will be made to fourth- and Association will participate in The MCBA will also fifth-grade students from Nichols the Ask A Lawyer program from participate in the Ask A Elementary recognizing them for 5-6:30 p.m. in conjunction with the Lawyer program from 6-8 their winning art and essay entries statewide effort to provide free p.m. in conjunction with the in the OBA Law Day Art and legal advice. statewide effort to provide free Writing Contest. legal advice. The OCBA will also participate MCCLAIN COUNTY in the Ask A Lawyer program BAR ASSOCIATION OKFUSKEE COUNTY from 7-8 p.m. in conjunction with The McClain County Bar BAR ASSOCIATION the statewide effort to provide free Association will participate in The Okfuskee County Bar legal advice. the Ask A Lawyer program from Association will participate in 5-7 p.m. in conjunction with the the Ask A Lawyer program from PAYNE COUNTY statewide effort to provide free 7-8 p.m. in conjunction with the BAR ASSOCIATION legal advice. statewide effort to provide free The Payne County Bar legal advice. Association will kick off Law MCCURTAIN COUNTY Day with a bowling tournament BAR ASSOCIATION OKLAHOMA COUNTY on May 2 for association On May 5, the Tri-County BAR ASSOCIATION members and the court clerk’s Bar Association, comprised The Oklahoma County Bar office. All proceeds from the of Choctaw, McCurtain and Association will host the 2018 Law bowling tournament will go to a Pushmataha counties, will host Day Luncheon on Tuesday, May local charity. a Law Day Banquet at the Idabel 1, at noon at the Skirvin Hilton An art, essay and YouTube Country Club. The dinner will Hotel. The featured speaker this contest will be held for students

28 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Oklahoma County Bar Association members help staff the Ask A Lawyer hotline to give free legal advice. in PreK through 12th grade. begin at 6 p.m. and the cost is $20 beginning at 8:30 a.m. at the Each age group will be given per person. Please RSVP to Emily Seminole County Courthouse a prompt encouraging them to Herron at 580-286-7611. in Wewoka. reflect and express the importance The SCBA will partner with the of separation of powers in our SEMINOLE COUNTY Hughes County Bar Association to government. Awards and cash BAR ASSOCIATION host a Law Day Luncheon at the prizes will be presented to the As its birthplace, Law Day has Rudolph Hargrave Community winning students at the PCBA always been special in Seminole Center at noon on May 2. Supreme Honor Docket on May 3. County, and this year will be Court justices are expected to The PCBA will also host Ask A no different. To open Law Week attend. OBA President Kimberly Lawyer at the Stillwater Library celebrations, Seminole County’s Hays will be the featured speaker. on May 4. Local attorneys will be young lawyers will speak to junior Lastly, the SCBA will available to offer free legal advice high students across the county participate in the Ask A Lawyer to community members. about the legal profession and program from 7-8 p.m. in The annual Law Day Banquet the importance of separation of conjunction with the statewide will be May 8 at the Stillwater powers in conjunction with this effort to provide free legal advice. Country Club from 9 a.m. to 2 year’s theme. p.m. and the PCBA will wrap The county bar will host its SEQUOYAH COUNTY everything up by celebrating third annual essay contest open BAR ASSOCIATION courthouse staff with a cookout on to all county junior high students The Sequoyah County Bar the courthouse lawn at noon. and high school seniors. The Association will participate in association will award a $500 the Ask A Lawyer program from PUSHMATAHA COUNTY college scholarship to the winning 6-8 p.m. in conjunction with the BAR ASSOCIATION senior essay contestant and a gift statewide effort to provide free On May 5, the Tri-County certificate to the winning junior legal advice. Bar Association, comprised high essay contestant. of Choctaw, McCurtain and The association will hold its STEPHENS COUNTY Pushmataha counties, will host annual Law Day CLE May 2. BAR ASSOCIATION a Law Day Banquet at the Idabel There will be six hours of CLE The Stephens County Bar Country Club. The dinner will (including one hour of ethics) Association will host its annual

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 29 Law Day Luncheon on Friday, A Law Day Book Club will program by helping staff the state May 4, at noon at the Duncan meet April 25, May 15 and June hotline from 9 a.m. to 9 p.m. in Golf and Tennis Club. The annual 12. Up to 15 participants will meet conjunction with the statewide James Patterson Memorial to discuss Snow Falling on Cedars effort to provide free legal advice. Golf Tournament will be held by David Guterson, Orange is immediately after the luncheon the New Black by Piper Kerman WAGONER COUNTY at the Territory Golf and and Billy Budd, Foretopman by BAR ASSOCIATION Country Club. Herman Melville. The Wagoner County Bar The Law Day Luncheon will Association will participate in TEXAS COUNTY be held at the downtown Hyatt the Ask A Lawyer program from BAR ASSOCIATION Regency on May 1, with Tulsa 6-9 p.m. in conjunction with the The Texas County Bar Mayor G.T. Bynum to be the statewide effort to provide free Association will participate in keynote speaker. The Liberty Bell legal advice. the Ask A Lawyer program from Award, honoring a nonlawyer’s 7-8 p.m. in conjunction with the contribution to the legal system, WOODWARD COUNTY statewide effort to provide free the Sandra Day O’Connor BAR ASSOCIATION legal advice. Award, honoring an educator The Woodward County Bar who teaches legal civics, and the Association will participate in TULSA COUNTY Brunton-Will Continuing Legal the Ask A Lawyer program from BAR ASSOCIATION Education Award, honoring a 6-7 p.m. in conjunction with the The Tulsa County Bar TCBA member who has dedicated statewide effort to provide free Association will celebrate Law years of services to educating legal advice. Day with a variety of events. On other attorneys, will be given to The WCBA will also talk to April 11, an immigration clinic deserving winners. county high school seniors about and Naturalization Ceremony On May 3, the TCBA will criminal law, torts, family law, will be held at noon at the Federal participate in the Ask A Lawyer estate planning and contracts. Court Building. The featured speaker will be Moises Echeverria, executive director of the Oklahoma Center for Community and Justice. An art and writing contest will be held for students in PreK through 12th Grade. The deadline to enter is April 13. Monetary prizes will be awarded by the Tulsa County Bar Foundation and art entries will be displayed at the Law Day Luncheon. The TCBF will sponsor a single showing of the award-winning film documentary 100 Years at Circle Cinema. There will be a reception from 6-6:45 p.m. with the film starting at 7 p.m. Introductory comments will be made by TCBF President Jim Hicks. Melinda Janko, the film’s producer, director and writer, will be part of a panel discussion following the film. The panel will also include a Tulsa Indian law attorney and the TCBF Two immigrants celebrate their new American citizenship at a naturalization Law Day chair. ceremony, part of Tulsa County’s annual Law Day activities.

30 | APRIL 2018 THE OKLAHOMA BAR JOURNAL We proudly serve and support the Oklahoma Bar Every call is a client Association waiting to happen.

Oklahoma Bar members always get a 6% monthly discount! 3000 Insurance Group LEARN MORE AT callruby.com/OKBar OR CALL 844-569-2889 405.521.1600 | 3000ig.com

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 31 Law Day 2018 Proclamation and Directive

32 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Oklahoma Supreme Court Chief Justice Douglas Combs (seated) signs the Law Day Directive. Witnessing the signing are Law Day Committee Co-Chair Roy Tucker (left) and OBA Vice President Richard Stevens.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 33 ADVERTISEMENT

2018 2018 CRIMINAL DEFENSE INSTITUTE (FULL AGENDA AVAILABLE at www.ocdlaoklahoma.com) Patrick A. Williams Thursday, June 28, 2018 Criminal Defense Institute - Federal Gun Law, Traps for the State Practitioner – William Campbell, Oklahoma City - Panel Discussion-Criminal Charges & the Client with Mental Health Issues & - What Happens When Your Client Goes To OK Forensic Center- Jeanne Russell, Ph.D., Tulsa

OCDLA Annual Meeting TRACK 1 TRACK 2 - Properly Federalizing Briefs & Motions - DUI TRACK - Rookie Lawyer Mistakes & June 28 & 29, 2018 - Indian Country & The Criminal Charge - Practical Aspects of Search & Seizure Law River Spirit Casino Resort - State & Federal Case Update Tulsa, OK Friday, June 29, 2018 - Things That Drive Court Reporters Crazy - Allison Hall, Tulsa District Court - Snitches-Lessons from The Orange County Snitch Scandal – Scott Sanders, Orange County PD - The Exclusionary Rule Since Katz – John Echols, Tulsa - Issues Common to The Solo Practitioner- Lorenzo Banks, Edmond, OK

Registration Fees (Awards Dinner Included) -OCDLA Member $ 250.00 -Non Member $ 300.00 -Registration after Jun e 20th $ 275.00 (OCDLA Member) $ 325.00 (Non Member) The Oklahoma Criminal Defense Lawyers Association, Oklahoma Indigent Defense System, -Printed Materials $ 40.00 Oklahoma County and Tulsa County Public Defender Offices proudly present the Patrick A. -Dinner Guest $ 30.00 Williams Criminal Defense Institute & OCDLA Annual Meeting. This year the CDI will be TOTAL: held at the River Spirit Casino Resort in Tulsa, OK. Name: Bar #: Address: City/State/Zip: The OCDLA awards presentation & Annual Meeting will take place on Thursday evening of Phone: Email: the Institute, along with dinner and a happy hour. Awards to be given are: Credit Card Info: # Exp. Date MCLE Credit The Clarence Darrow Award, Thurgood Marshall Appellate Advocacy Award & Lord Thomas Erskine Award, Jack D. Pointer Criminal Defense Advocacy Award • OK - 13 Hours, includes 1 hour ethics*

Cutoff date for nominations is June 1, 2018 @ 5:00pm. LOCATION th For OCDLA information, awards criteria & past award winners, The River Spirit Resort has a room rate of $99.00 for the CDI. This rate is good until June 12 . For room reservations please call 1-888-748-3731 or online @ www.riverspirittulsa.com. If calling, reference the Oklahoma Criminal Defense Lawyers please visit www.ocdlaoklahoma.com Association or visit OCDLA website for direct link.

Please send nominations to: Visit www.OCDLAOKLAHOMA.com to register or mail this ad with payment to: Mail: OCDLA OCDLA, PO BOX 2272, OKC, OK 73101 PO Box 2272 Email: [email protected] Fax: 405-212-5024 OKC, OK 73101-2272 FOR MORE INFO: Email: [email protected] or call the OCDLA: 405-212-5024

34 | APRIL 2018 THE OKLAHOMA BAR JOURNAL 2018 2018 CRIMINAL DEFENSE INSTITUTE (FULL AGENDA AVAILABLE at www.ocdlaoklahoma.com) Patrick A. Williams Thursday, June 28, 2018 Criminal Defense Institute - Federal Gun Law, Traps for the State Practitioner – William Campbell, Oklahoma City - Panel Discussion-Criminal Charges & the Client with Mental Health Issues & - What Happens When Your Client Goes To OK Forensic Center- Jeanne Russell, Ph.D., Tulsa

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 35 Labor and Employment Law New Standard Applies to Assessing the Validity of Work Policies Under the National Labor Relations Act By Donn Meindertsma and Hayley Stephens

or well over a decade the construe” them to interfere with • a rule requiring employees National Labor Relations their rights.3 “to maintain a positive Board has freely invalidated Instructing employees to be work environment by Fseemingly neutral, common-sense civil in the workplace could very communicating in a manner workplace rules simply because well be unlawful, for example, that is conducive to effective employees might understand because that requirement might be working relationships;” and, them to limit their rights under interpreted to prohibit protests of • a rule prohibiting employees federal labor law. Rules were working conditions.4 Furthermore, from making recordings in held unlawful even if they were any ambiguity in a rule was the workplace.5 neither intended to limit employee construed against the employer. rights nor ever applied in a way Workplace rules have fallen left Applying the 2004 test, the that actually interfered with and right under that test, and most board determined that all four of those rights. However, a recent employee handbooks probably the rules violated the NLRA and decision by a newly constituted, contain provisions that would could be reasonably construed to Republican-majority board adopts not pass muster under the test. discourage unionizing or other a new analysis for determining if For example, in a single case last concerted activities protected by workplace rules are lawful.1 The year, the board struck down all of the act.6 new test will be applied to future the following: Despite compelling criticism cases as well as all pending cases. that the 2004 test led to federal Practically speaking, this is one of • a rule prohibiting employees micromanagement of the the most significant and employer- from allowing unauthorized workplace, that test has survived friendly legal decisions of 2017 individuals to access – until now. The new board in the labor and employment information without prior decision involved a Boeing law arena. written approval; policy that prohibited employees All employees, unionized or • a Code of Business from taking photos or videos at not, have the right to engage in Conduct provision that Boeing worksites without a valid concerted employment-related prohibited arguing with business need and approval. activities under the National co-workers, subordinates The policy further provided that Labor Relations Act (NLRA).2 or supervisors; failing to an authorizing manager would Since 2004, the board has held that treat others with respect; decide if there is a business need workplace rules violate the NLRA or failing to demonstrate for camera use (e.g., as necessary if employees might “reasonably appropriate teamwork; to meet contractual commitments,

36 | APRIL 2018 THE OKLAHOMA BAR JOURNAL for training or for other purposes that provide a positive benefit to the company). An administrative law judge struck down the policy because Boeing had adequate protections for its secured military and commercial information, and the policy amounted to an impermissible infringement on NLRA rights because it could chill employees from exercising those rights. The board reversed that ruling. The new framework established in the Boeing case requires balancing the nature and extent of a workplace rule’s potential limitation on NLRA rights against the employer’s business justifications for the rule. (Of course, a rule is lawful, and no balancing is required, if it has refrain from further analysis of If the justifications for the rule no tendency in the first place to a facially neutral rule that, when outweigh its adverse impact on interfere with employee rights.) In reasonably interpreted, does not NLRA rights, then the rule is addition, as part of the balancing violate NLRA rights; 4) focus lawful; conversely, if the impact analysis, the board is to keep in on an employee’s perspective outweighs the justifications, it mind certain aspects of its duties. when evaluating a rule’s impact is unlawful. The duties are to 1) provide parties on employees; and 5) find that Applying the new standard, the certainty and clarity; 2) distinguish a rule can be maintained even board held that Boeing’s policy among types of NLRA protected if the rule cannot be applied limiting camera use was lawful. activities and compare to different against employees engaging The board reasoned that, while the types of business justifications; 3) in NLRA protected conduct. rule may, in some circumstances,

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 37 affect the exercise of NLRA of rules are those such as the one another would fall into this rights, the adverse impact is one at issue in Boeing and rules third category. comparatively slight. The board requiring employees to abide The Boeing decision should further concluded that the by basic standards of civility offer employers a greater sense of policy’s potential adverse impact and to maintain harmonious certainty and an increased level is outweighed by the substantial relationships in the workplace. of predictability regarding the and important justifications, such The second category will lawfulness of their workplace as Boeing’s need to maintain include rules that warrant policies. However, with the heightened security protocols to scrutiny, on a case-by-case basis, chairman’s departure earlier this maintain its accreditation as a as to whether the rule would month at the end of his term, federal contractor. prohibit or interfere with NLRA the board is now split two and The board further announced rights, and if so, whether any two along party lines. Further that, going forward, three adverse impact on NLRA- application of the new Boeing test categories of rules will be protected conduct is outweighed by the board will likely be delayed delineated to provide greater by legitimate justifications. until a new board member is clarity to employees, employers Finally, the third category will nominated and confirmed, which and unions. The first category include rules that the board will is likely several months away. will include rules that the board designate as unlawful to maintain designates as lawful to maintain, because they would prohibit or ABOUT THE AUTHORS either because 1) the rule, when limit NLRA-protected conduct, Donn Meindertsma is a partner in Conner & Winters LLP’s Washington, reasonably interpreted, does not and the adverse impact on NLRA D.C., office. Mr. Meindertsma has prohibit or interfere with the rights is not outweighed by been assisting clients with labor and exercise of NLRA rights; or 2) justifications associated with the employment law issues for more the potential adverse impact on rule. As an example, the Boeing than 30 years. He frequently appears protected rights is outweighed decision indicates that a rule before administrative and regulatory by justifications associated with that prohibits employees from agencies, including the EEOC, Department of Labor and National Labor the rules. Examples of these types discussing wages or benefits with Relations Board.

Recent Developments in Thursday, May 10, 2018 from 8:30 a.m. – 12:30 p.m. Delaware Corporate and 21C Museum Hotel, 900 W. Main Street LLC Litigation Oklahoma City, OK 73106

Speaker: Jason C. Jowers Partner: Morris James LLP Sponsor: Business and Corporate Law Section of the Oklahoma Bar Association

This program is pending approval for 3 hours of MCLE credit. The seminar is free for members of the Business and Corporate Law Section of the OBA. All other attendees: $100

Please RSVP to Mary Houston • [email protected] • 405-235-7000

38 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Hayley Stephens is an associate at or assist labor organizations, to bargain collectively provision requiring employees to represent the Conner & Winters LLP. Ms. Stephens through representatives of their own choosing, employer “in the community in a positive and and to engage in other concerted activities for the professional manner in every opportunity” was an is based in the firm’s Tulsa office where purpose of collective bargaining or other mutual unlawful violation of the NLRA); William Beaumont she practices labor and employment law aid or protection.” 29 U.S.C. §157. Section 8(a)(1) Hosp., 363 NLRB No. 162 (April 13, 2016) (board and tort defense. Prior to joining Conner provides enforcement of that policy by stating that it majority finding unlawful a rule that prohibited & Winters, she earned a Bachelor shall be “an unfair labor practice” to “interfere with, employees from engaging in conduct that “impedes restrain, or coerce employees in the exercise of the harmonious interactions and relationships” and from of Arts, summa cum laude, from the rights” protected. making “negative or disparaging comments about University of Arkansas and obtained 3. See Lutheran Heritage Village-Livonia, 343 the . . . professional capabilities of an employee her J.D. from Vanderbilt University NLRB 646 (2004) (adopting the “reasonably or physician to employees, physicians, patients, or Law School. construed” standard for determining whether a visitors.”). facially neutral policy was unlawful under the NLRA), 5. T-Mobile USA, Inc., 363 NLRB No. 171 (April abrogated by Boeing, 365 NLRB 154 (2017). 29, 2016). ENDNOTES 4. Many neutral, well-intentioned and seemingly 6. On appeal, the 5th Circuit found that the board 1. See Boeing Co., 365 NLRB 154 (2017) lawful employer policies have been held unlawful had erred in finding that a reasonable employee (abrogating the Lutheran Heritage “reasonably under the “reasonably construed” standard. would construe the first, second and fourth rules as construed” standard). See, e.g., Hills & Dales General Hosp., 360 NLRB prohibiting protected activity. T-Mobile USA, Inc. v. 2. Pursuant to Section 7 of NLRA, “[e]mployees 611, 612 (2014) (finding that employee handbook NLRB, 865 F.3d 265, 268 (5th Cir. 2017). shall have the right to self-organization, to form, join,

201 o i. 1 110201 115232

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 39 Criminal Law

Abatement Old Wine in New Casing or Old Wine With a New Kick? By Mbilike M. Mwafulirwa

aron Hernandez – the In Nelson v. Colorado,5 the U.S. Hernandez’s fortunes convicted former New Supreme Court held, consistent quickly took a turn for the England Patriots football with the Due Process Clause, that worst on June 17, 2013. On Astar – recently committed suicide; when a conviction is invalidated that day, Odin Lloyd, a semi- his death has resurrected interest with no prospect of future pro football player, was found in a little known but important reprosecution, government dead a mile from Hernandez’s legal concept in American criminal levied fees, penalties, restitution home.9 Hernandez and Lloyd law and procedure: abatement ab and court costs that rest on that were acquainted; Hernandez’s initio.1 The doctrine of abatement conviction must be refunded to fiancé, Shayanna Jenkins, was ab initio applies when a convicted the defendant.6 Lloyd’s girlfriend’s sister.10 After defendant, like Hernandez, dies Therefore, the question conducting investigations, the before his appeal rights are fully presented is: In light of Nelson v. police discovered evidence linking exhausted. When applicable, Colorado, does the Due Process Hernandez to the crime; he was the doctrine wipes clean the Clause mandate a refund arrested and charged with the defendant’s slate, as though of fines and restitution to a murder.11 After a 3.5 month trial, the indictment, conviction and deceased defendant’s estate after a Massachusetts jury convicted punishment never happened.2 invalidation of a defendant’s Hernandez of first-degree murder For example, if as a result of a criminal conviction on the basis and some other related fire arm conviction, a criminal fine had of abatement ab initio? Yes it does, charges.12 Hernandez filed a notice been levied but not collected, subject to the specific form of of appeal that same day.13 abatement ab initio makes the abatement doctrine applicable in a On April 19, 2017, Hernandez obligation to pay go away.3 The given jurisdiction. was found dead in his prison converse, however, is not true. cell.14 The autopsy found that When a defendant dies before A FOOTNOTE IN HISTORY – Hernandez died of asphyxia by exhausting his appeal rights but THE STAR THAT NEVER hanging, that was later ruled a after having already paid costs, FULLY WAS suicide.15 Following his death, fines and restitution as a result Aaron Michael Hernandez was Hernandez’s appellate counsel of his conviction, despite the born into a family renowned for filed a motion to abate his conviction being wiped clean, success on the gridiron.7 In 2010, conviction.16 The Commonwealth the deceased’s estate has no right the New England Patriots signed of Massachusetts opposed the to recoup the money previously him as a fourth-round draft.8 Life motion.17 After a round of briefing, paid.4 Until now. was good. the trial court granted the motion,

40 | APRIL 2018 THE OKLAHOMA BAR JOURNAL effectively vacating Hernandez’s cases; rather, it is a judicially the limited utility of punishment conviction.18 The trial court found crafted doctrine.24 Since then, when the wrongdoer dies) also that the doctrine of abatement almost every federal circuit applies in the civil context in the ab initio was deeply rooted in religiously applies the rule majority of jurisdictions, especially Massachusetts law, and that the whenever a defendant dies when punitive damages against state’s supreme judicial court, had before his direct appeal rights the deceased are at issue.31 affirmed the principle less than a are exhausted.25 There is a federal circuit split year before this case.19 Because he Two rationales have been on abatement ab initio’s effect filed his notice of appeal before advanced in support of abatement on criminal monetary sanctions. death, Hernandez’s conviction ab initio. The first is the finality On the one hand, federal courts deserved to be abated.20 rationale.26 Appreciating that all agree that when a conviction a conviction is not final until results in a criminal fine, but the HISTORICAL the appeal process is over, the fine order remains unpaid at the UNDERPINNINGS OF finality rationale states that time of death, the obligation to ABATEMENT AB INITIO the government should not pay is extinguished.32 But if a “[D]eath pending direct stain a person with guilt until conviction results in a restitution review of a criminal conviction he has exhausted his appeal order, the federal appellate courts abates not only the appeal but rights.27 The finality principle take varying approaches. The also all proceedings had in the is closely intertwined with the 4th Circuit, for example, holds prosecution from its inception.”21 constitutional presumption of that a restitution order does As a result, the underlying innocence afforded to every not abate when a defendant criminal conviction is dismissed.22 criminal defendant, which dies before his appeal rights are Some federal courts hold that “the remains intact until the person is exhausted, meaning that the rule of abatement applies equally proven guilty beyond reasonable defendant’s estate has to pay the to cases in which a defendant doubt at the completion of the amount after his death.33 In that . . . dies prior to the entry criminal process.28 The second court’s view, restitution orders, of judgment.”23 rationale for abatement ab initio which the common law does Abatement ab initio has a is the punishment principle.29 not consider to be punishment, checkered history. Neither the That principle recognizes the are akin to compensation to the Constitution nor any specific limits of penal measures – that the victims of crimes.34 Just like in the federal or state statute mandates government cannot punish a dead civil context, the right to collect abatement ab initio in criminal person.30 The rule (that recognizes compensation against a defendant

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 41 In subsequent court proceedings to recoup the money paid, Nelson’s entire request was denied, while Madden was refunded costs and fees, but the restitution amounts were denied.50 On appeal, the Colorado Court of Appeals permitted full refunds.51 The Colorado Supreme Court reversed, holding that Colorado’s Compensation for Certain Exonerated Persons Act52 was the sole pathway for petitioners to recoup their money paid, and since neither does extinguish upon death; states allow substitution of parties, had utilized the statute, the court rather, the obligation continues and the appeal proceeds with lacked jurisdiction to afford them against the deceased’s estate.35 the substituted party.43 Alabama relief.53 Additionally, despite that Other courts, like the 5th and 11th dismisses the appeal but leaves the the Exoneration Act required circuits for example, hold that judgment intact with a notation on petitioners to prove their actual death abates unpaid restitution the record defendant died before a innocence in a distinct proceeding, orders.36 The federal appellate final decision.44 the court found no due process courts, however, are in accord violation because the statute in their approach to criminal NELSON V. COLORADO provided sufficient process by fines and restitution orders that The Supreme Court’s decision which petitioners could recoup have already been paid – the in Nelson could have altered their money.54 general rule is that once paid, the nonrefundability rule on The U.S. Supreme Court criminal monetary sanctions are due process grounds. In Nelson, reversed. The court held that the not abated.37 In other words, the petitioner Nelson had been Colorado scheme violated the money is nonrefundable.38 convicted of two felonies and Due Process Clause.55 As the court State courts are equally three misdemeanors, after which explained, when a conviction has animated in their response to a the trial court ordered her to been reversed with no prospect for criminal defendant’s death before pay $8,192.50 in court costs, fees reprosecution, the presumption direct appellate review. One line and restitution, as well as serve of innocence reattaches.56 At that of cases holds that death abates a 20-year prison sentence.45 In point, the government’s right to the conviction, but fines and the other consolidated case, retain the property (costs, fees and restitution orders already paid are petitioner Madden was convicted restitution) disappears.57 Indeed, left intact.39 Another line of cases of attempted sexual assault on a as the court explained, the rule dismisses the appeal as moot, but child; the trial court imposed a applies regardless of how the says nothing about the underlying custodial sentence and an order to reversal came about because a judgment and its incidents.40 In pay $4,413 in costs and restitution. “‘reversal is a reversal’ regardless Oklahoma, the appeal abates with Both petitioners’ convictions of the reason.”58 The court also varying consequences: sometimes were set aside.46 In Nelson’s case, found that the Exoneration Act the trial court is directed to also her conviction was reversed on did not provide an adequate abate the underlying proceedings, appeal. After a retrial, she was remedy for recoupment of money other times it is not, but in either acquitted of all charges.47 In paid as a result of an overturned scenario, there is no specific Madden’s case, his convictions conviction.59 The court applied mention of restitution or fines were reversed on appeal and in the oft-familiar Matthews v. already paid.41 Other states abate post-conviction proceedings.48 In Eldridge60 test.61 The court rejected the appeal and all penal elements both cases, however, the Colorado Colorado’s argument that the of the underlying judgment but Department of Corrections restrictive criminal due process leave in effect restitution orders withheld the money the petitioners standards articulated in Medina v. and fines previously paid.42 Some paid in costs, fees and restitution.49 California 62 governed the inquiry

42 | APRIL 2018 THE OKLAHOMA BAR JOURNAL in the present case.63 Adopting conviction.72 Any post-deprivation reprosecution.78 With the vacation Chief Justice Robert’s dissent in remedy that 1) fails to pay back of the conviction or abatement of Kiley v. United States,64 the court in full the money exacted or 2) criminal proceedings, “no further limited Medina to cases where imposes onerous obstacles – like criminal process is implicated,” there were questions about “the requiring defendants prove their so Mathews, not Medina, “provides allocation of burden of proof and actual innocence – before money the relevant inquiry.”79 the type of evidence qualifying as is paid back falls far short.73 Third, We address first Nelson’s admissible.”65 Additionally, Nelson, given that the government’s sole threshold requirement – that a unlike Medina, concerned the basis for retaining petitioners’ private interest is affected by government’s continued retention money was eviscerated, it had governmental action.80 For the of property after legal basis for no countervailing interest to petitioners in Nelson, just like the doing so – i.e., the underlying rebut a defendant’s request.74 The criminal defendants who claim conviction – had been reversed government could not impose recourse to abatement ab initio, or vacated with no possibility more than minimal procedures the government’s right to retain of a future reprosecution.66 As to secure refunds of money money exacted against them there were no issues in Nelson taken based on overturned as part of a criminal sentence concerning the burdens of proof convictions.”75 (court costs, fines, penalties and or standards for admission As other commentators have restitution) rests solely on the of evidence or prospective noted, Nelson represents a high underlying convictions.81 For criminal processes, Medina was mark in constitutional remedies. the petitioners in Nelson, when inapplicable; instead Mathews Ordinarily, the U.S. Constitution the underlying conviction was was the proper analysis.67 The only expressly spells out two reversed with no prospect for Mathews test has three prongs: “[a] the private interest affected; [b] With the vacation of the conviction or abatement of the risk of erroneous deprivation of that interest through the criminal proceedings, “no further criminal process is procedures used; and [c] the implicated,” so Mathews, not Medina, “provides the governmental interest at stake.”68 79 Nelson had a confluence of all relevant inquiry.” three Mathews factors, tilting the scales in favor of a due process remedies: just compensation reprosecution, the presumption violation. First, the court found for the taking of property and of innocence reattached.82 As a that petitioners had an undeniable the ancient writ of habeas corpus result, the government’s sole basis interest in the money they paid for liberty violations.76 Nelson for retaining the property (costs, to the government because of departed from this expressly fees, penalties and restitution) their convictions.69 Once their delineated constitutional blue disappeared.83 Likewise, for the convictions had been overturned, print when it ordered restitution, convicted criminal defendant who however, the presumption of not compensation, for an dies before his appeal rights are innocence reattached and the unlawful governmental property exhausted, abatement ab initio has petitioners’ rights to possession deprivation.77 the same effect – the government’s of their property was restored.70 sole basis for retaining the money Second, as a result of the AB INITIO WITH A NEW KICK? exacted – the underlying criminal overturned convictions, there now Nelson’s principles are conviction – disappears.84 At that existed a high risk of erroneous applicable to abatement ab point, the deceased defendant, deprivation of the criminal initio cases. Just like in Nelson, like the petitioners in Nelson who defendants’ property if the abatement ab initio cases with had their convictions overturned, government attempted to retain already-paid criminal fines and all enjoy the presumption of money exacted on the basis of an restitution orders concern the innocence.85 Even though the overturned conviction.71 When a government’s continued retention reversals in Nelson were a result conviction is overturned, as the of property after legal basis for of an acquittal and trial error, as court explained, the government doing so – i.e., the underlying opposed to the operation of law loses it right to retain money conviction – has been vacated (as is with abatement ab initio), paid based on that overturned with no possibility of a future that distinction is inconsequential;

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 43 the U. S. Supreme Court made 10th Circuit, has explained that government could not lawfully clear that a “‘reversal is a reversal’ an untested conviction is “both impose stringent retrieval regardless of the reason.”86 The fact unreliable and illegitimate.”95 procedures.101 Against this holding that the money exacted is deemed As mature and developed as the in Nelson, the argument could compensation, as opposed to American criminal justice system likewise be made that with the merely criminal sanctions, makes is, it has failed to “convincingly” underlying criminal conviction no difference. To be sure, even eradicate wrongful convictions.96 abated, the government’s interest if the compensation rationale is So, to be sure, we “double- and in the defendant’s property (be accepted, the sole basis for the sometimes triple-check the it previously paid fines, costs or compensation order – defendant’s result[ing] [conviction] through restitution orders), which rested criminal conviction – was our layered appellate system.”97 on the eviscerated conviction, eviscerated by his death.87 Only then, is finality accorded should be zero or none.102 Of The second Nelson factor – risk course, the government could of erroneous deprivation – is also Of course, the oppose restitution on the ground satisfied in abatement ab initio that the reversal was due to a legal cases. As noted, abatement ab initio government could technicality not actual innocence, sets aside a defendant’s criminal but that would be a difficult 88 oppose restitution on conviction. The defendant’s position to maintain in light of conviction was the sole basis for the ground that the Nelson. First, one of the defendants the government’s retention of his in Nelson, his conviction was property, but once it is set aside, reversal was due to vacated based on a technicality on the right to retain eviscerates.89 a legal technicality appeal.103 Second, in view of that Under those circumstances, the fact, the court made it clear that government’s countervailing not actual innocence, relief was warranted because a interest in retaining the property but that would be “‘reversal is a reversal’ regardless of is minimal.90 If the government’s the reason.”104 end goal in retaining a dead a difficult position That does not mean, however, defendant’s property is to maintain in light that the criminal defendant’s punishment, as other courts estate would automatically be have reasoned,91 that rationale of Nelson. unjustly enriched. As previously is questionable at best. When noted, whether this actually a defendant dies, a number of to the results of the criminal happens depends on whether courts have recognized, the utility process.98 Thus, when a criminal the case is in state or federal of punishment is lost because it defendant dies before his direct court. Thus far, it is clear that the is not possible to meaningfully appellate rights are exhausted, majority of federal courts apply punish a dead person.92 If, on his conviction and all its incidents complete abatement ab initio the other hand, the government are unreliable, illegitimate and in toto, such that Nelson might relies on the antecedent trial cannot in fairness serve as a basis actually compel a return of fines conviction as a basis for its for a permanent penal property or restitution paid.105 Even then, countervailing interest of retaining deprivation order.99 the government and all those the deceased defendant’s property, The third factor in the Nelson civil plaintiffs injured by the that position is fraught with analysis – government interest deceased’s injuries can still pursue problems.93 The finality rationale at stake – could be satisfied (but civil claims through the Fraud is the first obstacle to clear. In this warrants a more detailed Claims Act, common law and the specific context of abatement examination). In Nelson, the various other equitable remedies ab initio, that principle provides analysis was simple: the court to prevent the estate from being that the criminal justice system concluded that in the wake of unjustly enriched.106 only yields a “final judgment” the defendants’ convictions State court, however, presents after the appellate process is being reversed, the state had a different scenario. Oklahoma exhausted.94 Acknowledging the “zero claim” to the property has not clearly determined fallibility of the human experience seized based on those eviscerated whether abatement ab initio generally, and the trial process, criminal judgments.100 Indeed, abates a criminal conviction Judge Gorsuch, writing for the against this background, the and its incidents in toto.107 It

44 | APRIL 2018 THE OKLAHOMA BAR JOURNAL has, however, provided certain untenable: due process mandates clear.124 Those concerns aside, guideposts: thus, it is settled that that when the underlying it is likely that the Oklahoma a “personal representative of the conviction is set aside, monetary Court of Criminal Appeals would deceased is not responsible for the exactions (fines, restitution orders have jurisdiction because the alleged violation of the law by the and penalties) cannot stand.117 restitution order is an incident defendant during his lifetime, and Additionally, Oklahoma’s criminal of a criminal sentence.125 As cannot be required to satisfy the restitution statute is contingent previously noted, the rule of judgment rendered against him.”108 on a conviction.118 With the abatement is judge-created; if Unless this rule is revoked, as a defendant’s conviction abated, a presented with a challenge to fortiori, uncollected fines would restitution order cannot be made.119 the propriety of the restitution appear to be precluded because An interesting question order and as a consequence, the that would necessarily require would arise if an administrator underlying conviction, instead of enforcing a judgment against the of a defendant’s estate wanted abating the appeal, the Oklahoma deceased’s estate based on his to recoup restitution already Court of Criminal Appeals, like criminal wrongdoing.109 Collected paid. At that point, the claim other courts, should proceed to fines present a different challenge; would probably be that with the determine the merits of the appeal, so far, research has failed to yield defendant’s conviction abated, and consequently, the propriety of controlling precedent on these it is no longer certain that the the restitution order.126 issues. Nonetheless, Oklahoma’s underlying conviction is safe abatement principles appear or correct and as consequence, CONCLUSION to rest on the acknowledged the restitution order should not A criminal defendant’s death futility of punishing a dead stand.120 When a defendant is before disposition of a direct person.110 Against that backdrop, alive, the propriety of a criminal appeal can present complex a fine that is collected as part sentence that includes restitution issues of law and policy. On the of a penal measure against is a criminal matter,121 but when one hand, abatement ab initio a dead person must yield, the defendant dies, the answer precludes the stain of a criminal unless there be a mechanism is not so clear. The penal aspect conviction from resting eternally by which the soundness of the of the judgment goes away, on a deceased defendant when underlying conviction be tested supra, but what of the remedial/ its correctness has not been tested by an appellate court.111 As Judge restitutionary aspect of the on appeal. However, victims of Gorsuch (as he was then) wrote judgment? The Supreme Court the defendant’s criminal acts also for the 10th Circuit, an untested of Idaho, for example, considers need to be considered: They bear conviction is “both unreliable these latter issues as falling the physical, financial, emotional and illegitimate.”112 within the civil domain; in fact, and psychological scars of the For as long as Oklahoma the court has intimated (without consequences of crime.127 applies abatement ab initio, definitely deciding) that the civil restitution orders should abate substitution provisions would ABOUT THE AUTHOR upon the defendant’s death. allow the administrator of the Mbilike M. Mwafulirwa is an attorney at Brewster & DeAngelis PLLC. Mr. The Legislature has vested defendant’s estate to continue Mwafulirwa’s practice focuses on Oklahoma courts with discretion the appeal to test the propriety of general litigation, civil rights defense and to award restitution to victims the underlying conviction, and as appellate law. He is a 2012 graduate of of crimes following a guilty fortiori, the restitution orders.122 the TU College of Law. verdict.113 Under Oklahoma law, Oklahoma has no criminal rule ENDNOTES restitution is not punishment, that permits substitution of 1. See, e.g., John R. Ellement, et al., The Boston but “compensation” awarded parties; the substitution rules Globe, “In Wake of Suicide, Aaron Hernandez 114 Conviction Could be Voided,” bostonglobe. to victims of crime. Given that seem to only apply to civil com/metro/2017/04/19/hernandezdismiss/ Oklahoma’s abatement principles cases.123 Oklahoma, unlike Idaho, BvCcJQ1Ubg3mJAe0ttpvJ/story.html (last accessed Dec. 27, 2017). rest on the acknowledged futility has separate criminal and civil 2. See United States v. Logal, 106 F.3d 1547, 115 of punishing a dead person, it appellate systems, so it is unclear 1551-1552 (11th Cir. 1997) (“[I]t is as if the defendant had never been indicted and convicted.”). logically follows that restitution – how this would be handled 3. United States v. Estate of Parsons, 367 F.3d which is not a form of punishment under Oklahoma law because the 409, 417 (5th Cir. 2004) (en banc); accord Logal, 106 116 Nelson F.3d at 1552. But see United States v. Dudley, 739 – should not be abated. , demarcation between criminal F.2d 175, 178 (4th Cir. 1984) (death does not abate however, makes this position and civil matters is not always restitution orders).

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 45 4. See, e.g., United States v. Zizzo, 120 F.3d 39. Surland v. State, 895 A.2d 1034, 1035 (Md. Appeal, 73 U. Colo. L. Rev. 943, 954 (2002); Prost, 1338, 1343 (7th Cir. 1997). 2006). 636 F.3d at 582. 5. 137 S.Ct. 1249 (2017). 40. Id. 96. Prost, 636 F.3d at 582. 6. Id. at 1252. 41. See Hardcastle v. State, 1939 OK CR 105, 93 97. Id. 7. Biography.com, “Aaron Hernandez,” biography. P.2d 547, 548; Wilson v. State, 1947 OK CR 98, 184 98. Id. com/people/aaron-hernandez-21269741 (last P.2d 634, 634. 99. See generally id. accessed Dec. 27, 2017). 42. Surland, 895 A.2d at1035. 100. Nelson, 137 S.Ct. at 1258. 8. See text accompanying footnote 7. 43. Id. 101. Id. at 1257-1258. 9. Id. 44. Id.; Wheat v. State, 907 So.2d 461, 464 (Ala. 102. Cf. id.; see also In re Estate of Parsons, 367 10. Id. 2005) (citing Rule 43(a), Ala. R. App. P.). F.3d at 414. 11. Biography.com, “Aaron Hernandez,” supra, 45. Nelson, 137 S.Ct. at 1252-1253. 103. Nelson, 137 S.Ct. at 1253. text accompanying footnote 7. 46. Id. at 1253. 104. Id. at 1256 n.10 (emphasis added); United 12. Commonwealth v. Hernandez, No. 2013-CR- 47. Id. States v. Libous, 858 F.3d 64, 66-69 (2d Cir. 2017) 00983, 2017 WL 2115360, at *1 (Mass. Sup. Ct. 48. Id. (applying Nelson in abatement ab initio case and Dep’t, May 9, 2017). 49. Id. rejecting that paid fine equals time served). 13. Id. 50. Nelson, 137 S.Ct. at 1253. 105. Supra text accompanying note 35-36. 14. Id. 51. Id. 106. See, e.g., Restatement (Second) of Torts 15. Id. 52. Colo. Rev. Stat. §§13–65–101, et seq. §926 cmt. a; Restatement (Third) of Restitution and 16. Id. 53. Id. at 1254. Unjust Enrichment §1 (2011); The False Claims Act, 17. See Mot’n and Memo. In Opp. to Def’s Mot’n 54. Id. 31 U.S.C. §3729 et seq. to Abate Pros., Commonwealth v. Hernandez, No. 55. Id. 107. If Oklahoma’s position is an abatement ab 2013-CR-00983, 2017 WL 1543524, at **1-2 (Mass. 56. Nelson, 137 S.Ct. at 1255. initio in toto, then like the federal courts, Nelson might Sup. Ct. Dep’t May 1, 2017). 57. Id. compel repayment of fines and restitution orders, 18. Hernandez, 2017 WL 2115360, at * 2. 58. Id. at 1256 n. 10 (emphasis added)(citations supra. But if Oklahoma adheres to some modified (or 19. Id. omitted). limited form of abatement), then the result might be 20. Id. 59. Id. at 1255-1256. different, as explained herein. 21. United States v. Davis, 953 F.2d 1482, 1486 60. 424 U.S. 319 (1976). 108. Boyd v. State, 1910 OK CR 87, 108 P.431, (10th Cir. 1992) (quoting Durham v. United States, 61. Nelson, 137 S.Ct. at 1255. 431. 401 U.S. 481, 483 (1971) (per curiam), overruled on 62. 505 U.S. 437 (1992). 109. Id. other grounds, Dove v. United States, 423 U.S. 325, 63. Nelson, 137 S.Ct. at 1255. 110. Boyd, 1910 OK CR 87, 108 P. at 431; 325 (1976) (per curiam)). Dove overruled Durham 64. 134 S.Ct. 1090, 1110 n. 4 (Roberts, C.J., Hardcastle, 1939 OK CR 105, 93 P.2d at 548. with regard to discretionary appeals – abatement ab dissenting). 111. Cf. Hughey v. United States, 495 U.S. 411, initio does not apply. 423 U.S. at 325. 65. Nelson, 137 S.Ct. at 1255. 418 (1990) (“restitution [has] to be tied to the loss 22. In re Estate of Parsons, 367 F.3d at 413. 66. Id. caused by the offense of conviction.”) (emphasis); 23. United States v. Asset, 990 F.2d 208, 211 (5th 67. Id. cf. Blackwell v. State, 113 N.E. 723, 723 (Ind.1910); Cir. 1993), abrogated on other grounds, Parsons, 68. Id. (citations omitted). accord In re Stauch’s Estate, 301 A.2d 615, 616-617 367 F.3d at 409. 69. Id. at 1255-1256. (Pa. 1973). 24. See, e.g., List v. Pennsylvania, 131 U.S. 396, 70. Id. at 1256. 112. Prost, 636 F.3d at 582 (citations omitted). 396 (1888) (The U.S. Supreme Court simply declared 71. Id. at 1255-1256. 113. See Okla. Stat. tit. 22 §991a(A)(1)(a). that since “it appear[ed] that this is a criminal case . . 72. Nelson, 137 S.Ct. at 1257. 114. Okla. Stat. tit. 22 §991f(A)(1). .” and defendant had died, case was abated and the 73. Id. 115. Hardcastle, 1939 OK CR 105, 93 P.2d at 548 direct appeal was dismissed). 74. Id. at 1257-1258. (futility of punishing dead person). 25. Durham, 401 U.S. at 483 (“The unanimity of 75. Id. at 1258. 116. See, e.g., State v. Devin, 142 P.3d 599, the lower federal courts . . . [on abatement ab initio] 76. Note, Fourteenth Amendment – Due 605-606 (Wash. 2006) (refusing to abate restitution . . . is impressive. We believe they have adopted the Process – Nelson v. Colorado, 131 Harv. L. Rev. orders); In re Estate of Vigliotto, 870 P.2d 1163, correct rule.”) (emphasis added). 283, 291(Nov. 10, 2017) (quoting U.S. Const. art. 1165-1166 (Ariz. Ct. App. 1993). 26. See In re Estate of Parsons, 367 F.3d at 413. 1, §9 (the Suspension Clause providing for the 117. Nelson, 137 S.Ct. at 1255-1256. 27. Id. at 413-414; see also Griffin v. Illinois, 351 writ of habeas corpus) and U.S. Const. amend. V 118. See Okla. Stat. tit. 22 §§991a(A)(1)(a), U.S. 12, 18 (1956) (a post-conviction direct appeal “is (Takings Clause providing for just compensation for §991f(A)(1). an ‘integral part of [our] system for finally adjudicating governmental taking of property)). 119. United States v. Brooks, 872 F.3d 78, 89-90 [the] guilt or innocence [of a defendant]”) (emphasis 77. See Nelson, 137 S.Ct. at 1255-1258. (2d Cir. 2017). added); but see McCoy v. Ct. of App. of Wisc., 486 78. See, e.g., Zizzo, 120 F.3d at 1343; In re Estate 120. Cf. Baltimore & Ohio R. Co. v. United States, U.S. 429, 436 (1988) (“After a judgment of conviction of Parsons, 367 F.3d at 417. 279 U.S. 781, 786 (1929) (“The right to recover has been entered, however, the defendant no longer 79. Nelson, 137 S.Ct. at 1255. what one has lost by the enforcement of a judgment protected by the presumption of innocence.”). 80. Id. at 1255 (quoting Kaley, 134 S.Ct. at 1110 subsequently reversed is well established.”). 28. See Johnson v. Mississippi, 486 U. S. 578, n. 4). 121. See Smith v. Okla. Dep’t of Correct., 2001 585 (1988). 81. Id. at 1255-1256; In re Estate of Parsons, 367 OK 95, ¶6, 37 P.3d 872, 873. 29. In re Estate of Parsons, 367 F.3d at 414. F.3d at 413 & n. 6; Zizzo, 120 F.3d at 1347. 122. See State v. Korsen, 111 P.3d 130, 132-133 30. Id.; United States v. Dudley, 739 F.2d 175, 177 82. Nelson, 137 S.Ct. at 1255-1256. (Idaho 2005). (4th Cir. 1984). 83. Id. 123. See Okla. Stat. tit. 12 §§1051-1054; Pitts v. 31. Morriss v. Barton, 1947 OK 260, ¶58, 190 84. Logal, 106 F.3d at 1551-1552. State, 2003 OK CR 21, ¶6, 78 P.3d 551, 553 (unless P.2d 451, 459 (“where the defendant in a tort action 85. Johnson, 486 U. S. at 585. statutorily authorized, civil procedure provisions are dies after commencement of the action and before 86. Nelson at 1256 n. 10 (emphasis added) generally inapplicable in criminal cases). trial, his executors or administrators may not be held (citations omitted). 124. Parsons v. Dist. Ct. of Pushmataha Cnty., liable for exemplary damages.”). 87. See Logal, 106 F.3d at 1551-1552. 2017 OK 97, ¶17, 408 P.3d 586, 594 (“Generally 32. In re Estate of Parsons, 367 F.3d at 415; 88. Id. speaking, the demarcation line between civil and United States v. Christopher, 273 F.3d 294, 299 (3d 89. See Nelson at 1255-1256. criminal subject matter is well defined and obvious, Cir. 2001); United States v. Volpendesto, 755 F.3d 90. Cf. id. but that is not always the case.”) (emphasis added). 448, 454 (7th Cir. 2014); Logal, 106 F.3d at 1552. 91. See, e.g., Asset, 990 F.2d at 211. 125. See In the Matter of M.B., 2006 OK 63, ¶14, 33. See Dudley, 739 F.2d at 178. 92. In re Estate of Parsons, 367 F.3d at 414; 145 P.3d 1040, 1047 . 34. Id.; accord Christopher, 273 F.3d at 299. Dudley, 739 F.2d at 177. 126. See, e.g., United States v. Christopher, 273 35. See Okla. Stat. tit. 12 §1052. 93. See, e.g., McCoy, 486 U.S. at 436 (“After F.3d 294, 299 (3rd Cir. 2001) (declining to abate 36. In re Estate of Parsons, 367 F.3d at 415; a judgment of conviction has been entered, restitution order and inviting litigating parties to brief Logal, 106 F.3d at 1552. however, the defendant no longer protected by the the merits of the restitution order); Commonwealth 37. In re Estate of Parsons, 367 F.3d at 413 & n. presumption of innocence.”). v. Walker, 288 A.2d 741, 742* (Pa.1972) (Court 6; United States v. Zizzo, 120 F.3d 1338, 1347 (7th 94. Prost v. Anderson, 636 F.3d 578, 582(10th Cir. proceeded with appeal despite death of defendant). Cir. 1997). 2011) (Gorsuch, J.). 127. Devin, 142 P.3d at 605-606. 38. See, e.g., Zizzo, 120 F.3d at 1343; Estate of 95. Rosanna Cavallaro, Better Off Dead: Parsons, 367 F.3d at 417. Abatement, Innocence, and the Evolving Right of

46 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Bar News

Bar Members Celebrate Membership Anniversaries

he Oklahoma Bar Thomas Green Johnson Jr., TULSA COUNTY Association applauds Dallas, TX Donald Bronson Atkins, Tulsa these members who, James H. Nease, Gainesville, GA Lawrence A. G. Johnson, Bixby Tin 2018, reach significant Charles M. Wilson, Annelle Slemp Lanford, Tulsa milestone anniversaries. San Antonio, TX Russell Rudolph Linker II, Tulsa

OUT OF STATE David T. Burleson, El Paso, TX 70 Years 60 Years Billie Jean Cape, Bullard, TX Erwin Alfred Cook, Hot Springs, AR CLEVELAND COUNTY CLEVELAND COUNTY James H. Essman, Midland, TX Robert L. Bailey, Norman Gary Wayne Williams, Norman Ben A. Goff, Dallas, TX James Douglas Groves, OKLAHOMA COUNTY OKLAHOMA COUNTY Raleigh, NC John M. Amick, Oklahoma City Richard Ray Bailey, Perry D. Inhofe Jr., Oklahoma City S. Padre Island, TX TULSA COUNTY Arthur S. Bay, Oklahoma City Milford M. McDougal, Harry M. Crowe Jr., Tulsa Howard K. Berry Jr., Portland, OR Oklahoma City Alfred W. Pugh, Reno, NV In 1948 Porsche is founded, Stanley B. Catlett Jr., Kenneth Carter Squires, Velcro and the transistor radio Oklahoma City Houston, TX are invented, NASCAR holds its Arnold David Fagin, Edmond Charles D. Tomlins, first race at Daytona Beach and Paul Johanning, Oklahoma City Cape Coral, FL the bikini gains in popularity. Thomas John Kenan, First prefab post war housing In 1958 the microchip is invented, solves housing shortages for Oklahoma City Kent Aubrey Polley, Edmond first trans-Atlantic passenger jet young couples. service begins, NASA is formed, 14-year-old Bobby Fisher wins PUSHMATAHA COUNTY OUT OF STATE the U.S. Chess Champtionship, Imogene H. Harris, Clayton Roy Donald Denney, Elvis is inducted into the Army Citrus Heights, CA and the hula hoop is introduced.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 47 OKFUSKEE COUNTY Robert Arthur Miller, 50 Years Lawrence Walter Parish, Okemah Oklahoma City Randall Don Mock, OKLAHOMA COUNTY Oklahoma City BRYAN COUNTY Floyd Smith Barnes, R. P. Bob Moore, Oklahoma City David Wendell Kelly, Durant Oklahoma City John W. Norman, Oklahoma City Joe Clinton Taylor, Durant Robert D. Baron, Oklahoma City James H. Paddleford, Robert Charles Bright, Oklahoma City CHEROKEE COUNTY Oklahoma City John Victor Page, Oklahoma City Lynn Burris, Tahlequah Ronald L. Buckelew, Jack Sterling Pratt, Oklahoma City Harvey Lee Chaffin, Tahlequah Oklahoma City Dee Albert Replogle Jr., Gary M. Bush, Edmond Oklahoma City CHOCTAW COUNTY Charles Lamar Cashion, Louis Michael Rieves, John C. Muntz, Hugo Oklahoma City Oklahoma City Bob Warren Rabon, Hugo William H. Castor, Edmond Reid Edward Robison, Mickey C. Coley, Oklahoma City Oklahoma City CLEVELAND COUNTY Jerry Crabb, Oklahoma City J. Christopher Sturm, Marion C. Bauman, Norman Von Russell Creel, Midwest City Oklahoma City Richard A. Bell, Norman Thomas Alfred Dearmon Jr., Floyd W. Taylor, Oklahoma City David Lyle Boren, Norman Oklahoma City Thomas H. Tucker, Oklahoma City Frank Clifton Gatewood, Norman Sidney George Dunagan, Thomas Michael Weaver, Edmond Philip W. Redwine, Norman Oklahoma City Clyde E. Fosdyke, Oklahoma City OKMULGEE COUNTY DEWEY COUNTY Gerald L. Gamble, Oklahoma City Orus Thomas Bingman, Okmulgee Pauline Collier Fahle, Taloga James Dell Gordon, Thomas R. Cornish, Okmulgee Oklahoma City GARFIELD COUNTY William D. Graves, Oklahoma City OTTAWA COUNTY Timothy Roger Traynor, Enid Charles Donley Hager, Coy Dean Morrow, Miami Oklahoma City HASKELL COUNTY Malcolm Wardlaw Hall, PAYNE COUNTY James William Smith, Stigler Oklahoma City Charles H. Headrick, Stillwater S. Paul Hammons, Oklahoma City JACKSON COUNTY Richard L. Hasley, Oklahoma City PONTOTOC COUNTY David Allen Kroll, Altus Philip Franklin Horning, Denver N. Davison, Ada Oklahoma City KAY COUNTY Jerry D. Jones, Oklahoma City POTTAWATOMIE COUNTY James Clint Braden, Blackwell Robert T. Keel, Oklahoma City David Thomas Ingram, Shawnee Jack De McCarty, Newkirk Kenneth Edward Kelsay, Bethany James R. Rodgers, Blackwell James Allen Kirk, Oklahoma City ROGERS COUNTY Michael Paul Kirschner, Jon D. Douthitt, Claremore MAJOR COUNTY Oklahoma City Alton Glenn Murray Jr., Claremore John W. McCue II, Fairview David W. Kisner, Oklahoma City Mallie M. Norton, Owasso Jimmy Wayne Lee, Oklahoma City Thomas Hubert Williams, MARSHALL COUNTY Donald Henry Lees, Claremore Dan Vincent Little, Madill Oklahoma City Jerry Lynn Windel, Madill Robert Lee Lewis, Oklahoma City SEMINOLE COUNTY Douglas Carrol Loudenback, Eugene M. Hoyt Jr., Seminole MUSKOGEE COUNTY Oklahoma City Jack Austin Mattingly, Seminole A. Camp Bonds Jr., Muskogee Charles Bulkley Lutz Jr., Michael Turner Norman, Oklahoma City TULSA COUNTY Muskogee Jerry L. Mash, Edmond Benjamin Paul Abney, Tulsa Allen B. Massie, Edmond Jack Robert Anderson, Tulsa Robert J. Mildfelt, Oklahoma City Claudine S. Barnes, Tulsa

48 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Dale John Billam, Tulsa John Vernon Jones, Charles Burnett Dunn, Tulsa Chattanooga, TN Jay Barry Epperson, Tulsa Martin F. Klingenberg, Naples, FL Robert G. Fry Jr., Tulsa Roger Allen Lapham, Houston, TX Frank Morgan Hagedorn, Tulsa Joseph Jordan McCain Jr., Frank X. Henke III, Tulsa Dallas, TX James McDermitt Hinds, Tulsa Joe Bailey McMillin Jr., David Wayne Holden, Tulsa Rancho Mirage, CA Robert Carl Hudgins, Tulsa Frederick Heins Miller, Edina, MN Victor K. Kulp, Tulsa Robert Charles Murray, Keller, TX Edward T. Kurtz, Tulsa Harold David Murry Jr., Paul Jeffrey Nix, Tulsa Charlotte, NC James C. Orbison, Tulsa Ralph Benard Pinskey, Walter Keith Rapp, Tulsa Harrisburg, PA David Ray Scott, Tulsa Richard H. Ruth, Durango, CO John Michael Sharp, Tulsa Jesse Leon Smith, Buford, GA Darwin Caplinger Smith Jr., Tulsa Lance Stockwell, Robt Joe Stubblefield, Tulsa South Lancaster, MA John Wharton Sturges, Tulsa Edwin B. Tatum, Clovis, NM Larry T. Totten, Bixby Ray Lee Wall, Rio Rancho, NM George Washington Jr., Tulsa Dennis J. Whittlesey, Max D. Watkins, Tulsa Washington, D.C. John Reuben Woodard III, Tulsa Douglas Earl Woodward, Michael Edmund Yeksavich, Tulsa Plano, TX

WASHINGTON COUNTY In 1968 humans first orbited E. Ray Harris, Bartlesville the moon in Apollo 8, first successful heart transplant John G. Lanning, Bartlesville performed, first Big Mac goes on sale in McDonalds for 49 WOODWARD COUNTY cents, emergency 911 phone J. Douglas Williams, Woodward service started in the U.S. and Martin Luther King Jr. and Robert OUT OF STATE Kennedy are assassinated. John Moreland Bagwell, Longmont, CO Roger Earl Beecham, Dallas, TX Herbert F. Boles, Midland, TX Kenneth R. Burton Jr., Katy, TX Thomas B. Deal, Fairview, TX Peter Michael Frank, Stuart, FL Robert E. Funk Jr., Bethany Beach, DE Francis Keith Good, Perryton, TX Robert H. Henry, Wichita Falls, TX Bion Earl Hitchcock, Sugar Land, TX William Philip Horton, Eugene, OR Ely Hurwitz, Bethesda, MD Louis Daniel Igo, Seal Beach, CA Richard Iorio, Wichita, KS Joel Jankowsky, Washington, D.C. William C. Jones III, Dallas, TX

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 49 Legislative News

Day at the Capitol Highlights By Angela Ailles Bahm

n March 6 the OBA Ms. Carter reviewed the AG’s manufacturers in Cleveland celebrated the annual efforts to address opioid abuse in County, which is expected to go to Day at the Capitol. It was Oklahoma. Some of the statistics trial in May 2019. They established Oanother excellent opportunity to were overwhelming. In the last a nine-member commission that learn about the legislative process, 15 years, opioid overdoses have has created 31 recommendations, bills of interest and to hear from increased by 91 percent. In the including legislative measures, the guest speakers. Lori Carter, last three years, approximately to address this epidemic. A copy director of Legislative Affairs from 1,300 babies showed exposure of the report can be seen at www. the Attorney General’s Office, at birth and had to go through oag.ok.gov/ocoa. Chief Justice Douglas Combs and withdrawals. They expect that Chief Justice Combs and Administrator of the Courts Jari number will increase to 1,000 Ms. Askins addressed issues Askins spoke on issues of interest babies for just this year alone. associated with the budget to us all. The office filed a lawsuit against crisis and the impact of that on the courts. A complicated and not pretty picture was painted. Needless to say, the impact can be severe on employees of the court and the ability to get cases addressed or tried. I reviewed the legislative website and how to use it to track bills. I encouraged attendees to teach others, members of their office, friends and family how to use this excellent tool to track bills and contact legislators. Another piece of information I have found very helpful is the press releases you can get by signing up on the site. Go to the At the Capitol are, from left, Miles Pringle, Angela Ailles Bahm shaking hands with Oklahoma Press Association Vice President Mark Thomas, together with OBA President Senate page at www.oksenate. Kimberly Hays and OBA Executive Director John Morris Williams. gov/index. At the bottom toward

50 | APRIL 2018 THE OKLAHOMA BAR JOURNAL the right, you will see a button of the petition with the The bill is HB 1925 and provides below “Signup for Updates from federal rules for five justices from the current the Oklahoma State Senate.” Keep • SB 1136 that applies several Congressional districts and four following this through to a list liabilities to products at-large positions. In addition, SB of other agencies, including the liability cases 699 applies mandatory retirement governor’s office, which you can • SB 1447 to exempt health care to all appellate judges and justices sign up for to receive their press providers from liability under at 80 years of age. releases through email or text certain circumstances If you have any bills that message. Because of signing up • SB 1550 that allows for post should be broadly noted, please for these releases, each time the judgment review of new contact me or post them to governor has chosen a new judge, evidence the MyOKBar Communities I was notified the day it was Legislative Monitoring Committee announced. Afterward, all attendees page. The committee will have OBA Legislative Liaison Clay had lunch and then had an one more meeting before the end Taylor discussed a number of opportunity to go to the Capitol to of the session, May 1 at noon bills and the legislative calendar. visit with their legislators. at the bar center. Please join By April 12, measures from the us. And as always, if you have opposite chamber must be out JUDICIAL LEGISLATIVE any suggestions to improve the of committee. April 26 is the UPDATES committee, please email me. deadline for the third reading in For a welcome change, there the opposite chamber. The end of are fewer efforts at changing ABOUT THE AUTHOR the session is May 25. Mr. Taylor or disbanding the Judicial Angela Ailles Bahm is the managing attorney of State Farm’s in-house office reviewed the following bills. Nominating Commission. and serves as the Legislative Monitoring However, SB 700 as of the writing Committee chairperson. She can be • HJR 1051 to eliminate the Court of this article is still advancing and contacted at angela.ailles-bahm.ga2e@ of Criminal Appeals requires the six attorney members statefarm.com. • HB 2941 that affects title to be appointed by the president insurance and title work pro tem and the house speaker. • HB 3277 and SB 1340 that Chief Justice Combs also discussed are the respective chambers’ efforts at changing the Supreme workers’ compensation bill Court districts to match those • SB 698 to conform the content of the Congressional districts.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 51 OBF-OBA Project

Mock Trial: A Competition of Constructive Madness in March By Kevin H. Cunningham

n Tuesday evening, directly, to score and judge the an enormous impact on me as March 6, in the Bell teams throughout the competition a high school student, so it was Courtroom at the OU and as members of the Mock especially rewarding to me to get OCollege of Law, a particularly Trial Committee, to plan, prepare, to serve as a judge and see a new impressive performance occurred write, conduct and oversee the generation of students in action.” between two competitive teams competition. Personally, I want to I want to extend my sincere with the winner being determined thank the hundreds of volunteers appreciation to the entire panel in court, rather than on the court. who help with the mock trial and the presiding judge for their The Oklahoma High School Mock competition each and every year. work this year. Trial 2018 Finals was won by Presiding judge for the final As with most competitions, Owasso, after defeating Owasso. round was Retired Judge Edward the competitors are the primary For the first time in competition Cunningham. Scoring panelists focus, and this program was history, the final two teams were were Justice Patrick Wyrick, a no different. The students from the same school. Owasso’s former high school mock trial involved in this competition were Audrey Cantrell team prevailed competitor, Judge Sarah Hall, impressive. The professionalism and will represent the state of Judge David Lewis, Judge Jequita displayed at all levels of the Oklahoma at the National High Napoli and Judge Shon Erwin. program, culminating at the School Mock Trial Competition Each of the scoring panelists is finals, was on par with what this May in Reno, Nevada. a current sitting judge and the we see from the best practicing The competition this year panel, collectively, possesses attorneys throughout the involved more than 40 teams decades of experience and courtrooms of our state. At times, from across the entire state. The involvement with the mock trial those of us not directly involved fact that Owasso High School program. Very few practicing with the students have to remind had two teams in the finals is attorneys will ever face a judicial ourselves that these competitors a testament to the level of skill panel of such experience and have not yet taken a first-year law possessed by those student- skill. The fact that high school school class, or even a freshman- competitors and the level of students stood before this group level undergraduate class! The dedication from their teachers, of jurists and delivered their attorneys in this case, looked, attorney-coaches, parents and performances exemplifies how sounded and acted like seasoned other volunteers associated with the life-long skills and talents litigators. Objections were the team. This program would attained through mock trial raised and argued, with specific not function without the work competition can be developed citations to rules of evidence, with of many volunteers. Over 400 relatively early in life. professional accuracy. judges and attorneys donate time In Justice Wyrick’s own words, The opening and closing to work with mock trial teams “The mock trial program made arguments were presented with

52 | APRIL 2018 THE OKLAHOMA BAR JOURNAL clear and persuasive narration. The witnesses delivered testimony better than many people who take the witness stand at trial. The ability to effectively respond to cross- examination can often be the tipping point between a particular witness being believed or not. The students Mock Trial Committee members at the finals are from left Todd Murray, Andrea Medley, that portrayed witnesses in the Coordinator Judy Spencer, Orion Strand, Lydia Anderson Fields, Melissa Peros, Weston finals were some of the best to Watts, Shea Bracken and Kevin Cunningham. take the witness chair. Even though this March competition did not involve any buzzer-beating half- court shots, there was plenty of in-court drama as the competitors sought the win after weeks of competition and months of preparation. The state of Oklahoma will be represented quite well by the students from Owasso Audrey Cantrell. Their portrayals of professional litigators and witnesses were effective, persuasive and compelling. Thank you to the Owasso High School Audrey Cantrell team, teachers, coaches, parents and volunteers. You represent the best of our state, and I look Judging the final championship round were, from left, Judge Shon Erwin, Judge Sarah Hall, forward to your competition Judge Jequita Napoli, Retired Judge Edward Cunningham, Judge David Lewis and Justice at nationals. Patrick Wyrick.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 53 Finally, this competition could ATTORNEY COACHES VOLUNTEER PRESIDING not exist without significant Ranada Adams JUDGES AND SCORING help from the Oklahoma Bar Clifton Baker PANELISTS Foundation. The foundation has Eli Bland Patrick Abitbol** been a steadfast supporter since Judge James Bland Stacy Acord day one and the entire High Judge Daman Cantrell Kim Adams School Mock Trial Program is Eric Cavett Emma Arnett supported by funds received from Stephana Colbert Kara Bacon the Oklahoma Bar Foundation. Angie Dean B.J. Baker I thank the Oklahoma Bar Chance Deaton Matthew Ballard Foundation, and its members Judge Deirdre Dexter Luke Barteaux across this state, for their support Eddie Forarer Susan Beaty of a program that unquestionably Valery Giebel Kristina Bell benefits so many people in our Randy Gill Andrew Benedict community. All former mock trial Eric Grantham Lewis Berkowitz competitors know the value of Celo Harrel Lou Berkowitz the program first-hand. Whether Terry Harrison Howard Berkson**** your professional path included Clint Hastings Brandon Bidde law or not, the skills and talents Clifford Heckert Larry Biddolph developed from participation Shane Henry Kelly Bishop* provide a lifetime of benefit. William Hickman Jack Bowyer To every mock trial competitor, Andrew Hofland Ruseal Brewer past, present and future, your Mike Horn Elisabeth Brown involvement makes this program Michon Hughes Libby Brown the best it can be. Sincerely, Linda Jaha Alyssa Campbell thank you. Aaron Johnson Abby Carmine Chris Jones Dietmar Caudle ABOUT THE AUTHOR Judge Douglas Kirkley Jason Christopher** Kevin Cunningham practices in Nicole Longwell Jack Coppedge*** Mustang and serves as chairperson for the Oklahoma High School Mock Blake Lynch Michael Coulson Trial Committee. Tom Maxcey John Cramer Brian McLaughlin Kymberly Cravatt TRIAL SITE COORDINATORS Judge Tim Mills Dan Crawford**** Andrew Casey Anthony Moore Judge Ed Cunningham**** Deresa Clark Rob Neal Erin Dailey Dustin Compton Ellen Quinton Chance Deaton Dan Couch Rob Ridenour Michael Denton Kevin Cunningham Adam Scharn Mike Dial Lydia Fields Judge Matt Sheets Charles Dickson Dillon Langley Desmond Sides Monica Dionisio Patrick Layden David Smith Susan Dobbins* April McClure Connie Smothermon Joshua Edwards Andrea Medley Richard Smothermon Tony Edwards Anne Mize Bob Speed Kathleen Egan Todd Murray Frank Stout Judge Shon Erwin*** Michael Nesser Laura A. Thomas Greg Farrar*** Melissa Peros Carolyn Thompson Rachel Farrar Nathan Richter Ken Underwood Alayna Farris Susie Summers Kyle Wasson Rodney Ferguson Chris Szlichta Judge Jill Weedon Craig Fitzgerald Leah Terrill-Nessmith Marna Franklin Carolyn Thompson Matt Frisby Kathryn Walker Mykel Fry

54 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Ryan Fulda Hilary McKinney Chelsea Shields*** Mitchell Garrett Paige McLaughlin Chris Shields Debra Gee Evan McLemore Carmelita Shinn Rachel Gessouroun Andrew McMahon Judge Steven Shreder Amy Gioletti Law McMeans* Kim Slinkard Jason Glidewell Jan Meadows Angela Smith Scott Goode Julia Metry Jared Smith Stephen Gray** Paul Middleton Karen Smith Mark Graziano Jennifer Miller Rusty Smith David Guten**** Mike Miller Toni Smith Deb Hackler Sam Miller Jeanne Snider Matthew Haire Tony Morales Beth Stanley Alex Handley*** Scott Mosteller Luke Stephens Keenan Haught Michael Mullins* Joshua Stockton Rick Hawthorn Judge Jequita Napoli Orion Strand** Stephen Haynes Drew Neville Jim Stuart Rick Henthorn Brenda Nipp Chuck Sullivan Judge Hess Tahlina Nofire Thomas Swafford II Kurt Hoffman** Paul Northcutt Brian Swenson*** Madison Holder Brandi Nowakowski Scott Thomas Chad Horsha Katie Ogden Carolyn Thompson* Craig Hoster L. Earl Ogletree Joe Trail* Trevor Hughes Ivan Orndorff Jr.*** Renee Troxell Judge Lori Jackson Jessica Ortiz Roy Tucker Dalinda Jeffers Jenna Owens Scott Tully Jo Lynn Jetter Matt Patterson Jonathan Udoka Brittney Jewett Kathleen Pence* Georgina Van Tuyl** Erik Johnson Ted Pepper Laina Vaughn Courtney Jordan David Poarch Kyle Vazquez Reign Karpe Carolyn Pomberg Jon Vittitow David Keglovits Sonja Porter Keith Ward William Kellough Paiten Qualls Laura Wardrip Deanna Kelso Jasmin Redd Mark Warman**** Jennifer Kerns Rob Redwine Richard Warzynski Kaye Kirk Ryan Reeves* Weston Watts Lita Kirk Greg Reilly Sabre Weathers Lindsay Kistler Maxey Reilly* Zack West Rick Knighton Dale Rex Matthew Wheatley Julie Landes Jacqueline Rhodes** Ed White Kent Larason Greg Riley Alex Wilson Trent Lauridson Alison Roberts Michael Wilson Niki Lindsey Thomas Robertson* Grant Lloyd Charles Rogers *two rounds Rand Long Jacob Rowe **three rounds Randy Long Hilary Sadhoo ***four rounds Mark Lyons Teri Sahs ****five rounds Robert Margo Jenny Sanbrano* *****six rounds Amber Masters Mark Schwebke***** Kevyn Mattax* Gessica Sewell J. W. McBee* Randall Sewell April McClure Micah Sexton Shelly McCorkle Matt Sheets Kassie McCoy Shelby Shelton

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 55 From the Executive Director

Don’t Do Anything for Law Day By John Morris Williams

et it pass. Be apathetic and we hold in high esteem in our but – by our presence – reaffirm let others do all the work. system of government. our commitment and oath to Law Day came out of My experience is that in most uphold the rule of law. More than Lwhat some might call a corny places the youngest and newest one person has said showing up reaction to the Soviet Union May lawyers get put in charge of Law is a huge component to success. Day celebration of communism Day. I appreciate the energy and When no one shows up, Law Day and a heavily armed totalitarian efforts of those who chair their and what it stands for will no government. Most Oklahoma county Law Day activities. But, longer exist. When we all relegate lawyers know the story and let us all not forget that those May and delegate it to someone else, the history surrounding Hicks Day parades and the totalitarian the end of our democracy will be Epton of Wewoka and the birth of in plain sight. Law Day. When no one shows So, I say this to you. If you Although in some respects the are too busy, too important, too names have changed, the threat up, Law Day and what wealthy or too consumed with to the rule of law has never been it stands for will no tasks deemed too important greater than it is today, foreign to take a break from your governments trying to influence longer exist. comfortable life of freedom to elections, accusations of foreign support and attend your local agents occupying the highest forces have taken new and it Law Day events, I question your levels of our government. appears more deceptive forms. dedication to the rule of law. The only branch of government There are many things that might Yes, I did it. I threw down that is properly functioning and be proper to hand off to the the gauntlet. I know as the hired protecting us as citizens and legal younger generation. This is not help I should be more upbeat professionals seems to be the one of them. We all, regardless of and less confrontational about courts. I do not want to get into age or position, swore to uphold such matters, doggonit, this is partisan politics. The rule of law the rule of law, and we all have an important. At this point in our and what we celebrate on Law obligation to show up and support country’s history we need to come Day is so much more. In fact, efforts to preserve our democracy. together and not only celebrate, Law Day is about the absence of Law Day is one day, or maybe but rededicate ourselves to politics and the higher calling of a short season at best. Yet it is our persevering the rule of law. While the law and the Constitution – the one opportunity annually to come some in our government want to source and guiding mark for all together and to not just celebrate assemble military parades and

56 | APRIL 2018 THE OKLAHOMA BAR JOURNAL disassemble our legal system, we need to preserve the rule of law. Now, more than ever are the ideas behind Law Day worth celebrating and preserving. Do not let it pass. Do not be apathetic. Do not leave it to others. Go out and make Law Day the biggest and best this year. All who love freedom and democracy are counting on you to do so. No pressure. Just show up and be counted.

To contact Executive Director Williams, email him at [email protected].

A page from a 1963 Oklahoma Bar Journal emphasizing the importance of Law Day.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 57 Law Practice Tips

Keeping the Customer Satisfied By Jim Calloway

es, I know our profession has previously not familiar to the officers, after all, were very clients and not customers, client like decrees, court orders, important people. but bear with me. injunctions, closings and the Today, when one arrives for a Y“A satisfied customer is the like. Even with a phrase that is doctor’s appointment one rarely best business strategy of all,” familiar to most, like “last will and experiences a long wait. Many according to business book author testament,” few people besides patients would walk out before Michael LeBoeuf. Customer lawyers have ever considered they would wait an extended (or client) satisfaction has long what a “testament” might be. period for a doctor and might been an aspect of business Of necessity, the lawyer often even decide to change doctors if management. Many business has the role of helping define the they were treated that way. Today empires have been built on good problem, outlining a possible we are all busy people with a lot of to average products or services solution or approach and then items on our personal schedules. combined with excellent customer delivering the appropriate legal For today’s lawyers, there is satisfaction models. services. The client must rely another risk besides simply losing I recall the first time I heard the on the lawyer and trust the the client if they were offended by phrase, but it didn’t have much lawyer’s judgment. Maintaining the lawyer’s tardiness. The client to do with business principles. a relationship of trust is might not terminate the lawyer The song “Keep the Customer very important. in the middle of a representation, Satisfied” by Paul Simon was on Both legal professionals but the client may perceive the the 1970 Simon and Garfunkel and medical professionals now waiting time as disrespectful, album Bridge Over Troubled Water. deal with different consumer which could damage the client’s With consumer products, expectations today. Let’s look trust in the lawyer. Since the the satisfaction or lack of at something as simple as an lawyer and client often have satisfaction is generally directly office visit. many decisions to make during tied to the quality of the product Decades ago, it was common to the course of representation, this with any associated customer arrive at the doctor’s office at the lack of trust may have many services sometimes adding (or appointed time to find a waiting negative consequences. subtracting) value. room full of patients. One might We have often heard that failure With services, particularly wait a long time before getting to return client phone calls is the professional services, in some to see the doctor. This state of number one complaint that is made situations the method of service affairs was passively accepted by about lawyers. Communication is delivery has as much to do with patients. Doctors, after all, were addressed in Rule 1.4 Oklahoma satisfaction as the actual service very important people. Rules of Professional Conduct. itself. This is particularly true Lawyers sometimes had full Comment 4 was amended by the with legal services. With medical waiting rooms and extended Oklahoma Supreme Court in 2016 services, a sick patient can become waits, but that was more to expand the reference that phone well or a broken bone will heal. common for the lawyers serving calls should be promptly returned With legal services, successful individual clients than for the or acknowledged with other forms delivery of the services is often large law firms serving corporate of communication. Comment 4 couched in terms that were America. Bankers and corporate now provides:

58 | APRIL 2018 THE OKLAHOMA BAR JOURNAL [4] A lawyer’s regular frame. That is also the time to like SurveyMonkey, which communication with clients explain that some of the many has affordable pricing. Couch will minimize the occasions communication channels are not any survey questions to obtain on which a client will need to appropriate and some “inboxes” feedback. Don’t just ask, “Did we request information concerning may not be regularly monitored do anything wrong?” People may the representation. When a by the firm. Just because a new be too polite or uncomfortable to client makes a reasonable client was attracted to the firm by say. Ask, “What is one thing we request for information, its Facebook page does not mean could have done better?” however, paragraph (a)(4) they should communicate to the Corporate America invests requires prompt compliance law firm via Facebook Messenger. heavily in obtaining customer with the request, or if a prompt As I have mentioned before, feedback. How many times have response is not feasible, that client portals should be explained you been handed a receipt and the lawyer, or a member of the to the client as a 24-hour client been told there is a link on the lawyer’s staff, acknowledge receipt of the request and The client might not terminate the lawyer in the advise the client when a response may be expected. middle of a representation, but the client may A lawyer should promptly perceive the waiting time as disrespectful, which respond to or acknowledge client communications. could damage the client’s trust in the lawyer.

There can be a major difference service that allows the client receipt where you can be entered in perception between the lawyer to review documents at their to win a free gift card? Law firms and client on this simple situation. convenience and leave secure and lawyers should seek feedback The consumer client is used to messages, but giving the client as well. friends and family promptly handouts during or after office Successful law firms want returning personal phone calls visits is another important service to have “clients for life” who while a lawyer may have court satisfaction plan. return for future services hearings, depositions or deadlines Perhaps the most important and refer others, so it is more on other matters that keep a thing about client satisfaction important than ever to “keep the lawyer from returning calls as is to remember that the client’s customer satisfied.” promptly as the lawyer might like. perception of legal representation This is one reason why having service quality may differ from Mr. Calloway is OBA Management a policy about how promptly yours. You cannot really judge Assistance Program director. Need phone calls are returned and to what it is like to be a client. This is a quick answer to a tech problem or explain to a new client why this is why obtaining some form of post- help solving a management dilemma? a particular challenge for lawyers representation feedback is very Contact him at 405-416-7008, 800- and set the client’s expectations important. 522-8065 or [email protected]. It’s a that a nonemergency call will be Today, many law firms use free member benefit! returned within a certain time an online tool to survey clients

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 59 Ethics & Professional Responsibility

Attorney Discipline Decisions By Gina Hendryx

he following is a summary County of felony unlawful discipline. The court found that of several attorney possession of methamphetamine respondent Bounds’ convictions discipline matters recently and misdemeanor possession were of considerable concern Tissued by the Oklahoma Supreme of drug paraphernalia. He and suspended him for a period Court. The court has exclusive, received a two-year deferred of two years and one day. original jurisdiction over the sentence with probation on the Should respondent Bounds seek licensure and discipline of felony conviction and served reinstatement, he must show his Oklahoma attorneys. a 30-day imprisonment on the continued sobriety. misdemeanor conviction. The STATE EX REL. OKLA. BAR Oklahoma Supreme Court issued STATE EX REL. OKLA. BAR ASS’N V. BOUNDS, 2018 OK 19 an order of interim suspension ASS’N V. BROOKING, 2018 OK 8 A summary disciplinary upon notification of respondent A disciplinary action was proceeding was initiated against Bounds’ convictions and then brought against respondent respondent John K. Bounds after conducted de novo review Megan E. Brooking for turning his felony and misdemeanor of the record to determine back the date on the court’s convictions. Bounds was if misconduct occurred and clerk’s filing stamp to reflect convicted by a jury in Choctaw what, if any, is the appropriate that a pleading was filed on April 15, 2017, when, in fact, it was filed on April 19, 2017. Respondent Brooking admitted she had turned back the filing stamp on this occasion and that she had also done so on other occasions. The court found that she acted with intent and with the purpose to deceive the court and the opposing party. Her actions constituted a “serious offense” and suspended her from the practice of law for 60 days.

STATE EX REL. OKLA. BAR ASS’N V. KLEINSMITH, 2018 OK 5 This is a reciprocal discipline matter filed based upon respondent Philip M. Kleinsmith being disbarred from the practice

60 | APRIL 2018 THE OKLAHOMA BAR JOURNAL of law in Colorado. Respondent the administration of justice.2 Kleinsmith is licensed to practice Clayborne became eligible law in Oklahoma and Colorado. for reinstatement on June 20, The Supreme Court of Colorado 2016. The court found that found that respondent Kleinsmith Clayborne possesses the good misappropriated approximately moral character sufficient to be $57,000 from a corporate readmitted to the OBA and that client. In reciprocal discipline he met all the requirements for matters, the court may impose readmission. Petitioner Clayborne the same discipline imposed testified to his remorse for the in the other jurisdiction or one disrepute brought upon the legal of greater or lesser severity. profession by his conviction The Oklahoma Supreme Court and to his consciousness of the disbarred respondent Kleinsmith wrongfulness of the conduct for based upon his misconduct in which he was convicted despite Colorado and the fact that he had maintaining his innocence been previously disciplined in throughout the criminal and Oklahoma. Kleinsmith received disciplinary proceedings. a public censure based upon The court ordered Clayborne discipline he received in Arizona reinstated to membership in the for negligently filing improper OBA on Nov. 20, 2017. arbitration certificates.1 Ms. Hendryx is OBA general counsel. IN THE MATTER OF THE REINSTATEMENT OF ENDNOTES 1. See State ex rel. Okla. Bar Ass’n v. Kleinsmith, CLAYBORNE, 2017 OK 93 2013 OK 16. Petitioner Mark A. Clayborne 2. See State ex rel. Okla. Bar Ass’n v. Clayborne, 2013 OK 92. sought reinstatement to the practice of law after his disbarment in 2013. Petitioner was convicted of subornation of perjury on April 3, 2011, in Oklahoma County. The Oklahoma Supreme Court held that the conviction constituted clear and convincing evidence of his unfitness to practice law and serious interference with

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 61 Board of Governors Actions

Meeting Summary The Oklahoma Bar Association Board of Governors met Feb. 16 at the Oklahoma Bar Center in Oklahoma City.

REPORT OF THE PRESIDENT REPORT OF THE processes and development of a President Hays reported she PRESIDENT-ELECT new contract with the third-party took the oath of president at the President-Elect Chesnut provider to clarify the relationship swearing-in ceremony, delivered reported he attended the Board of in relation to HIPPA, Legislative remarks to the Judge Chappelle/ Governors swearing-in ceremony, Reading Day and Legislative MLK Tournament mock trial has been party, Legislative Reading Day meetings. participants, judged a round Reading Day, Oklahoma Bar of the mock trial competition, Foundation meeting and Ottawa REPORT OF THE continued working on various County Bar Association meeting. PAST PRESIDENT committee appointments, In Vancouver, British Columbia, he Past President Thomas reported delivered welcome remarks attended the Southern Conference in Vancouver, British Columbia, at Legislative Reading Day, Bar Presidents meeting, National she attended the Southern communicated with various Conference of Bar Presidents Conference of Bar Presidents committee chairs and presented meeting, various NCBP events, meeting, Fastcase dinner and a summary of OBA events at Oklahoma ABA delegation presentation, National Conference the Southern Conference of dinner, ABA Midyear Meeting of Bar Presidents meeting, various Bar Presidents meeting. She and ABA House of Delegates. NCBP events, ABA Oklahoma attended the board has been He also participated in recruiting delegation dinner, ABA Midyear party, Legislative Monitoring a candidate for appointment Meeting and ABA House Committee meeting via phone, as Oklahoma Bar Journal of Delegates. OBA Family Law Section monthly associate editor. meeting/CLE and OBA FLS BOARD MEMBER REPORTS leadership retreat. In Vancouver, REPORT OF THE Governor Beese reported he British Columbia, she attended EXECUTIVE DIRECTOR was sworn in as a new governor the National Conference of Bar Executive Director Williams at the swearing-in ceremony Presidents meeting, various NCBP reported he attended a meeting and attended the Muskogee events, Oklahoma ABA delegation with deans at OCU, swearing- County Bar Association meeting. dinner, ABA Midyear Meeting in of new Board of Governors Governor Coyle reported he and ABA House of Delegates. officers and governors, YLD attended the has been party and board meeting, Bar Center Oklahoma County Criminal REPORT OF THE Facilities Committee meeting Defense Lawyers meeting VICE PRESIDENT to begin planning for landscape and seminar. Governor Fields Vice President Stevens masterplan, National Association reported he attended the has been reported he attended the of Bar Executives conference, dinner, swearing-in ceremony Board of Governors swearing- National Conference of Bar and Pittsburg County Bar in ceremony, has been party, Presidents meeting, a meeting Association meeting. Governor Legislative Reading Day and with Lawyers Helping Hermanson reported he attended Cleveland County Bar Association Lawyers leadership to discuss the swearing-in ceremony, has February meeting/CLE. documentation of current been party, FY 19 joint budget

62 | APRIL 2018 THE OKLAHOMA BAR JOURNAL performance review hearing at the Oliver reported he attended the and ABA YLD Midyear Meeting in state Capitol, District Attorneys has been party and swearing- Vancouver, British Columbia. Council board meeting, Oklahoma in ceremony. He also served as District Attorneys Association a judge for Law Day contest BOND PURCHASE board meeting and Kay County writing entries. Governor Will Executive Director Williams Bar Association meeting. He reported he attended the Board of reported the OBA bylaws require spoke at Ponca Politics in Ponca Governors swearing-in ceremony, the executive director to have City. Governor Hicks reported he Young Lawyers Division dinner a fiduciary bond but language attended the board’s swearing-in honoring immediate YLD Past refers to it as a fidelity bond. He ceremony and has been dinner Chair Lane Neal and Bar Center explained the options are to take in Oklahoma City, ABA Midyear Facilities Committee meeting. steps to amend the bylaws or Meeting and National Conference Governor Williams reported he to buy a fidelity bond that can of Bar Foundations in Vancouver, attended the has been dinner be purchased from Oklahoma British Columbia, Tulsa County to honor outgoing governors, Attorneys Mutual Insurance Co. Bar Association Board of swearing-in ceremony and Tulsa The board voted to buy a fidelity Directors meeting and Tulsa County Bar Association Board of bond in the amount of $5,000. County Bar Foundation Board Directors January meeting. He of Trustees meeting. Governor participated in the coordination HIRING OF Hutter reported she attended of a Golden Sponsorship for the OUTSIDE COUNSEL the new Board of Governors Tulsa County Bar Foundation’s Executive Director Williams member swearing-in ceremony, Judicial Dinner and served on an reported there is a need to hire OBA Bench and Bar Committee OBA Professional Responsibility outside counsel to handle a meeting, Cleveland County Bar Tribunal hearing on a matter related to the Professional Association executive meeting and reinstatement petition. Responsibility Tribunal. Cleveland County Bar Association Oklahoma City attorney Mark monthly meeting. Governor REPORT OF THE YOUNG Stonecipher has agreed to handle Kee reported he attended the LAWYERS DIVISION the representation. Discussion swearing-in ceremony and Governor Richter reported followed. The board authorized has been party. Governor he chaired the YLD board the hiring of outside counsel. Morton reported he attended meeting and has a great group of the swearing-in ceremony to lawyers on the board this year. BOARD LIAISON REPORTS take the oath as a new Board of He attended the swearing-in at Governor Oliver reported Governors member, McClain the Capitol, Solo & Small Firm the Law-Related Education County Bar Association monthly Conference Planning Committee Committee assisted with the meeting and Legislative Reading meeting, Military Assistance judging of Law Day entries. They Day at the bar center. He also Committee meeting, Roast and are also working on updating volunteered as a scoring judge for Toast Dinner for Immediate Past their portion of the OBA website. the Judge Chappelle Mock Trial YLD Chair Lane Neal, Canadian Governor Hutter reported the Competition in Tulsa. Governor County Bar Association meeting Bench and Bar Committee is

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 63 working on distributing the VPO in 2017 is lower than the previous NATIONAL CONFERENCE video. The committee is also year; however, the severity of OF COMMISSIONERS FOR working on organizing a rapid complaints is greater, which seems UNIFORM STATE LAWS response team to deal with the to be a national trend. She noted President Hays said she unfair criticism of judges. MAP the carryover of cases is lower has submitted the names of Director Calloway reported the than usual, which is good for both Ryan Leonard, Oklahoma City; Access to Justice Committee the public and lawyers in that Cheryl Hunter, Oklahoma City; held its first monthly meeting. fewer stressful grievance issues and James Milton, Tulsa; to the Governor Morton called board are pending. She reviewed the governor for consideration of two members’ attention to the Day types of diversion classes offered. appointments with terms to expire at the Capitol agenda, which has May 31, 2022. been planned by the Legislative BOARD OF EDITORS Monitoring Committee. He said The board approved President GOVERNORS ASKED the committee discussed recruiting Hays’ appointment of Clayton TO SUBMIT LAW DAY people to go over before March 6. Baker, Vinita, as an associate EVENT DETAILS Board members were encouraged editor to represent District 1. The President Hays asked to join the committee. Governor term expires Dec. 31, 2020. governors to send information Hermanson reported the Law Day about Law Day events in their Committee continues to work APPOINTMENT OF counties to her. A list will be on TV show filming. Attorneys COMMISSION TO REVIEW created and shared. Dick Pryor will serve as panel GRIEVANCE PURSUANT TO moderator, and Courtney Blau 5 O.S. CHP. 1, APP. 1-A, RULE 3 OETA FESTIVAL will serve as host. A total of 909 General Counsel Hendryx said Communications Director contest entries were received, up a complaint has been received Manning briefed board members 10 from last year. Efforts to engage involving the Office of the General about the OBA’s annual volunteer a Spanish Outreach Subcommittee Counsel. The board approved project to take pledges to support are underway. Governor Williams President Hays’ appointment of OETA, Oklahoma’s public reported the Diversity Committee Melissa DeLacerda, Stillwater; television station. The event will is considering a partnership with Stephen Beam, Weatherford; and take place at OETA Studios in the LSAT company and is looking Bill Grimm, Tulsa, to serve on a Oklahoma City on March 8, from into the subject of implicit bias as a commission to act on a grievance 5:45 – 10:30 p.m. Donation pledges CLE seminar. which could lead to the filing of will also be collected from OBA a formal complaint against the members, whose generosity keeps REPORT OF THE general counsel. the association listed among the GENERAL COUNSEL top-level donors. Past President General Counsel Hendryx COUNCIL ON JUDICIAL Thomas and Executive Director reported a written report of COMPLAINTS EXTENSION Williams shared remarks about Professional Responsibility OF LEASE their past experiences. Executive Commission actions and OBA Executive Director Williams Director Williams, who serves on disciplinary matters for January said the council has been located the OETA Foundation board, said was submitted to the board for in the bar center for many years. there is a good chance OETA’s its review. Rules require its lease to be federal funding may be cut. approved annually. The board PROFESSIONAL approved the lease. NEXT MEETING RESPONSIBILITY TRIBUNAL The Board of Governors met AND PROFESSIONAL REPORT ON LEGISLATIVE in March at the Oklahoma Bar RESPONSIBILITY READING DAY Center in Oklahoma City. A COMMISSION REPORTS Executive Director Williams summary of those actions will be General Counsel Hendryx said about 60 people attended published after the minutes are reported PRT and PRC reports Legislative Reading Day, held on approved. The next board meeting are required to be submitted to Saturday, Jan. 27. A list of bills will be at noon on Friday, April the Supreme Court each year. broken down by practice areas has 20, at the Oklahoma Bar Center in She pointed out the PRC report been created by the Legislative Oklahoma City. shows the number of complaints Monitoring Committee.

64 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Your support changes lives! Fellows Programs Fellows – for individuals $100/year Sustaining Fellow $200/year Contributing Fellow $300/year Benefactor Fellow $500/year Leadership Fellow $1,000/year Governing Fellow Community Fellows – for organizations or businesses $1,000/year Community Partner $2,500/year Community Supporter $5,000/year Community Champion $7,500/year Community Pillar $10,000/year Community Cornerstone

Memorials & Tributes Make a tribute or memorial gift in honor of someone. OBF will send a handwritten tribute card to them or their family.

Unclaimed Trust Funds Unclaimed trust funds can be directed to the OBF. Please include the client name, case number and as much detailed information as possible about the funds on your company letterhead with the enclosed check. Give online at www.okbarfoundation.org/donate

Interest on Lawyer Trust Accounts (IOLTA) Mail checks to OBF, P.O. Box OBF Prime Partner Banks give at higher interest rates, so more 53036, Oklahoma City, OK 73152 money is available for OBF Grantees to provide legal services. Select a Prime Partner Bank when setting up your IOLTA Schedule a presentation for account: BancFirst, Bank of Oklahoma, MidFirst Bank, The First your group or business by State Bank, Valliance Bank, First Oklahoma Bank Tulsa, City contacting Candice Jones, at National Bank of Lawton, Citizens Bank of Ada, First Bank and [email protected]. Trust Duncan. Contact the OBF office at 405-416-7070 or email Cy Pres Awards [email protected]. Leftover monies from class action cases and other proceedings can be designated to the OBF’s Court Grant Fund or General Fund as specified.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 65 Bar Foundation News

$1.4 Million in Grants to Defend Homes, Build Communities By Candice Jones-Pace

he Great Recession proved over, but the aftermath still lingers organizations. These funds are part to be the worst economic in communities across our country of the settlement of nationwide downturn in our country and in our state. class action litigation commenced Tsince the Great Depression. Although the past cannot by the U.S. Department of According to CoreLogic, 5.5 be changed, the future can still Justice against financial entities million homes were lost due to look bright as the Oklahoma alleged to have participated in foreclosure in the U.S. since 2008. Bar Foundation begins to focus fraudulent lending activities that Quantifying the number of homes on a new initiative to create a contributed to the 2008 housing lost is the easy part; it is calculating sustainable source of funding market collapse. The OBF was the feelings of loss, displacement, and allocations process to defend one of 57 state nonprofit entities communities torn apart and the homes and build communities in administering IOLTA funds whole heap of legal issues that Oklahoma. who received a portion of the come with mass foreclosure that Grants totaling $1,441,602 have settlement funds. is difficult. The recession may be been awarded to aid 17 nonprofit

Grantees of the Defend Homes-Build Communities Initiative:

Grantee Program Area Served Grant

Catholic Charities Immigration Legal Services Western Oklahoma $75,000

Neighbors Building Neighborhoods Indigent Criminal Defense Muskogee County $85,000

OCU Law School Pro Bono Housing Foreclosure and Oklahoma County $53,800 Eviction Assistance

Operation Care Ministries Community Redevelopment Jackson County $25,000

Trinity Legal Clinic The Good Neighbor Initiative Oklahoma City $75,000

Tulsa County Bar Association Courthouse Assistance Expansion Eastern Oklahoma $15,000

Tulsa County Public Defenders Veteran’s Court Civil Services Tulsa County $150,000

Tulsa Lawyers for Children Improving Foster Care Placement Stability Statewide $50,000

TU College of Law Spanish for Lawyers Eastern Oklahoma $12,802

Total $541,602

66 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Grantees receiving funding in partnership with Legal Aid Serivces of Oklahoma for an onsite staff attorney:

Grantee Program Area Served Grant

Center for Employment Legal Services for Employment Tulsa County $75,000 Opportunities Opportunities

Community Action Agency Community Legal Counsel Center Oklahoma and Canadian counties $75,000

Disabled American Veterans of Legal Services for Disabled Veterans Northeast Oklahoma $75,000 Oklahoma

Legal Aid Services of Foreclosure Prevention Legal Services Statewide $300,000 Oklahoma

Neighbors Building Legal Services & Muskogee Bridges Muskogee County $75,000 Neighborhoods Out of Poverty

South Tulsa Community House S. Tulsa Community Legal Services South Tulsa $75,000

Tulsa County Juvenile Bureau Phoenix Rising Alternative School Tulsa County $75,000

Women’s Haven Inc. Legal Services & Domestic Violence Stephens and Jefferson counties $75,000 Prevention

Total $825,000

Grantees will submit quarterly reports to the OBF explaining how funds are being used. The foundation will be sharing a series of articles highlighting the work of these nonprofits and how this funding is making a difference in the lives of Oklahomans.

Ms. Jones-Pace is director of development and communications for the Oklahoma Bar Foundation

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 67 Young Lawyers Division

‘App’y Law Day! By Nathan D. Richter

n 1961 by joint resolution of Powers: Framework for transition into adulthood and the of Congress, May 1 was Freedom.” The focus is to educate legal matters they will face. The proclaimed as Law Day people on the importance of our division worked with the Law- Iaround the country. Since then, democracy’s framework and Related Education Committee the American Bar Association organization to the government’s to publish a young adult legal has lead the national Law Day overall purpose. guide titled “You’re 18 Now – It’s campaign while the Oklahoma The Constitution’s principles Your Responsibility!” that was Bar Association has lead the of separation of powers was also offered as an app. Last year, campaign for our great state. intended to preserve liberty the YLD undertook the task of What is Law Day? Law Day through a system of checks and updating the guide’s content and is a national event wherein our balances on the power given to making it available as a new and country recognizes and sets aside the government by the people. improved mobile app. As an app, a day to celebrate equality and The framework provides the the association has greater access justice established under our liberty and justice we all are to updating the information at a laws. President Eisenhower said entitled to under our laws. fraction of the cost. It is currently about Law Day, “In a very real Yet, the framework is not self- available from the Apple App sense, the world no longer has a executing and requires of us all Store and will be available choice between force and law. If to continually act to ensure that for Android through Google civilization is to survive it must our constitutional democracy Play soon. The YLD is actively choose the rule of law.” The rule continues for future generations. promoting this resource to school of law is the glue that binds our Preserving our liberties and districts around the state. If you democracy together. It also serves advancing our rights is the fertile know students, parents, teachers as the fertile battleground for battleground you see play out or administrators who could policy makers to advance their day to day in our political system. use the app, it can be found by agenda to make the country a The 2018 Law Day theme focuses searching for “OBA Young Adult better place for its citizens. our reflection on the separation Guide” in the App Store (and Throughout the years local of powers as a fundamental tenet Google Play when available). county bar associations have to our constitutional purpose and I encourage you to spread the organized bar activities and our consideration on how our word via social media using the performed community service governmental system is working hashtag #You’re18Now and also to observe Law Day. In fact, for ourselves and our posterity. to share with your family, friends the OBA recognizes the county and communities. We owe it to bar association holding the NEW YOUNG ADULT our youth to leave this world best Law Day activities and GUIDE APP better than it was when we came participation that year through So, what is the YLD doing into it, and one method we can use the Hicks Epton Law Day Award to support Law Day? Glad to accomplish this is to teach our presented at the Annual Meeting you asked. In prior years, the youth the rule of law – and, more each year. For 2018, the OBA YLD has taken an active role in importantly, why the law is so Law Day theme is “Separation educating high schoolers on their important to our existence.

68 | APRIL 2018 THE OKLAHOMA BAR JOURNAL The “OBA Young Adult Guide” is now available as an app for iPhone users. Coming soon for Android.

PROJECT TO ASSIST Look for details via the YLD how to start your own law firm, SERVICE MEMBERS Facebook page and the MyOKBar mental health and wellness in The YLD also continues Community page in the addition to networking events. to serve as the public service coming months. We are humbled to have received arm of the OBA. The division the invitation and look forward to is working with the Military SUMMIT INVITATION participating in this great event! Assistance Committee to plan a Lastly, the YLD has been community service project for our invited to attend an ABA Mr. Richter practices in Mustang service members. Their sacrifices Regional Summit in Wyoming. and serves as the YLD chairperson. allow us to live free, and we The summit programming He may be contacted at nathan@ should honor their sacrifices by will address law practice and dentonlawfirm.com. Keep up with the serving their needs whenever deposition skills for young YLD at www.facebook.com/obayld. the opportunity presents itself. lawyers, client intake strategies,

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 69 For Your Information

OBA MEMBERS RAISE FUNDS TO SUPPORT OETA The OBA raised nearly $10,000 Michael Shanbour, Margaret Robert Don Gifford, Richard in private donations as part of its Travis, Mary Travis, Greg Vreeland, Ricki Walterscheid, volunteer effort to support the Milstead, OBA Governor Brian OBA Executive Director John state’s PBS TV station during the Hermanson, Rachel Gallagher, Morris Williams, Ami Swank and annual OETA Festival. President Rhonda McLean, Marvin Ludlum, Melinda Alizadeh-Fard. Kimberly Hays presented a check to the station, which partners with the bar association to produce the annual Ask A Lawyer TV show in conjunction with Law Day. The amount donated keeps the OBA at the top sponsorship level that is recognized in the station’s monthly programming guide. Many thanks to those who made financial contributions and to the 20 OBA members and staff who volunteered. This year’s volunteers were Brittany Byers, Harold Drain, OBA President Kimberly Hays, Dick Rouse, OBA Executive Director John Morris Williams and OBA President Kimberly Hays Ricki Sonders, David Swank, present OBA member and OETA host Kim Brasher with a check for $9,977.

LHL DISCUSSION GROUP HOSTS MAY MEETING ASPIRING WRITERS “The Challenges of Work, Relationships and Parenting” will be the topic TAKE NOTE of the May 3 meeting of the Lawyers Helping Lawyers monthly discussion We want to feature your work group. Each meeting, always the first Thursday of the month, is facilitated on “The Back Page.” Submit by committee members and a licensed mental health professional. The articles related to the practice group meets from 6 to 7:30 p.m. at the office of Tom Cummings, 701 N.W. of law, or send us something 13th St., Oklahoma City. There is no cost to attend and snacks will be humorous, transforming or provided. RSVPs to [email protected] are encouraged to ensure intriguing. Poetry is an option too. there is food for all. Send submissions of about 500 words to OBA Communications Director Carol Manning, carolm@ okbar.org.

70 | APRIL 2018 THE OKLAHOMA BAR JOURNAL OBA MEMBER RESIGNATIONS The following members have Teresa B. Davis Robert Ellison Meadows resigned as members of the OBA No. 14949 OBA No. 20592 association and notice is hereby 14840 US 25/70 Hwy. 1100 Louisiana Street, Suite 4000 given of such resignation: Marshall, NC 28753-8332 Houston, TX 77002-5213

Daniel Coffey Andrews Ronald F. Evans Robert L. Mitchell OBA No. 19392 OBA No. 10289 OBA No. 6279 10100 Reunion Pl., Suite 600 Western Regional Public P.O. Box 16588 San Antonio, TX 78216 Defender Ofc. Fernandina Beach, FL 32055 113 Grant Avenue Ronald Max Armstrong III Garden City, KS 76846-5412 Jennifer Kay Morrison OBA No. 30474 OBA No. 16282 #48 Parklane Drive Nancy Lynn Hays 2710 Stonepointe Ransom Canyon, TX 79366 OBA No. 22590 McKinney, TX 75070 1619 S. Evanston Avenue Brian L. Ashurst Tulsa, OK 74104 Edgar Lee Payton OBA No. 21567 OBA No. 18328 7044 Outlook Avenue Caitlin Elizabeth Irwin 8716 S. Erie Avenue Oakland, CA 94605 OBA No. 32022 Tulsa, OK 74137 Bexar Co. Asst. Criminal Dist. Atty. David P. Batow Cadena-Reeves Justice Ctr. Mark Randall Pitts OBA No. 12706 300 Dolorosa OBA No. 7184 8516 S. Winston Avenue San Antonio, TX 78205-3030 10645 N.W. 34th Terrace Tulsa, OK 74137 Yukon, OK 73099 Satyam Khanna Joseph Phelps Bicknell OBA No. 31116 Ashley Epperly Schubert OBA No. 774 3426 16th Street, N.W. Apt. 502 OBA No. 22560 P.O. Box 13435 Washington, DC 20010 2000 S. Colorado Blvd. Denver, CO 80201 Tower One, Ste. 7500 David Earl Kumpe Denver, CO 80222 Colleen O’Brien Bishop OBA No. 5141 OBA No. 11761 6106 Vance Jackson Rd., #33 Jerry Dale Stritzke P.O. Box 21582 San Antonio, TX 78230 OBA No. 11535 Oklahoma City, OK 73156 302 Lakeside Avenue S. #201 Lindsay Lee Lambert Seattle, WA 98144 John Brusniak Jr. OBA No. 20564 OBA No. 13855 4910 Linden Street Vicki J. Vaniman 7028 Creek Bend Rd. Bellaire, TX 77401 OBA No. 10503 Dallas, TX 75240 3729 S. Atlanta Place Michael James Lambert Tulsa, OK 74105 Glenda Ruth Cantrell OBA No. 32041 OBA No. 21458 Dept. of Homeland Security Bonnie Epperson Wick P.O. Box 510063 1015 Jackson-Keller Rd., Ste. 100 OBA No. 9582 Key Colony Beach, FL 33051 San Antonio, TX 78213 84 Mark Street Destin, FL 32541 Jacquelyn V. Clark Phillip Warren McCallum OBA No. 21630 OBA No. 19622 Thomas Reid Young 5323 Harry Hines Blvd. Alabama State Bar OBA No. 9978 Dallas, TX 75390 P.O. Box 671 1006 E. 17th Place Montgomery, AL 36101 Tulsa, OK 74120-6804

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 71 Bench and Bar Briefs

ON THE MOVE

Eric Combs joined the Oklahoma and David P. Page as of counsel at associate practicing personal City office of Spencer Fane LLP the Tulsa-based law firm of Barber injury, employment and general as an associate. He will practice & Bartz. Ms. Pratt practices family civil litigation. in the firm’s Environmental and law. Mr. Burke practices general Energy Group. civil litigation and appellate law. Matt Farris joined Commerce Mr. Page practices environmental Trust Co. as senior vice president Robert Spoo joined the Tulsa law and litigation. and market executive. He will office of McAfee & Taft. He will lead a team in providing wealth practice in the firm’s Intellectual Mark Hendrickson joined the management, financial planning, Property Group. Regional Public Defender’s Office trust and private banking services in the Terrell, Texas, office. His in the state of Oklahoma. Ken Ray Underwood has moved practice focuses on capital defense. his practice to the Beacon Building David B. Custar has joined the at 406 S. Boulder Ave., Suite 640, Clark W. Crapster and Mary Norman-based firm of Barnum & Tulsa, 74103. He can be reached by Ann Godsby joined the Tulsa Clinton PLLC as a senior associate. phone at 918-809-1323 or by email office of Steidley & Neal PLLC. His practice will focus on workers’ at [email protected]. Mr. Crapster joins the firm as a compensation defense and civil partner practicing commercial, litigation matters. Kara E. Pratt and Taylor A. Burke business and insurance litigation. have been named shareholders Ms. Godsby joins the firm as an

KUDOS

Tim Rhodes, director of Law, is this year’s recipient of the highest honor for the nation’s administration for the Oklahoma The Homer Kripke Achievement workers’ compensation attorneys, Corporation Commission, Award from the American College judges and academicians. was appointed to the State of Commercial Finance Lawyers. Governmental Technology The award recognizes a career Stanley Evans and Breea Clark, Applications Review Board of noteworthy leadership and a both of Norman, are recipients of (GTARB). GTARB acts in an history of exceptional dedication the Ralph Ellison Foundation’s advisory capacity to the state’s to the improvement of commercial Shadow and Act Award. The chief information officer and finance law and practice. award celebrates those who reviews for approval various make a positive impact on the IT processes utilized by Judge Michael McGivern of Tulsa community through literacy, state agencies. and Don Bullard of Oklahoma music and the arts. City were inducted into The Frederick H. Miller, professor College of Workers’ Compensation emeritus at the OU College of Lawyers. The college is considered

AT THE PODIUM

Mark Darrah delivered the Carl lectureship was established by Darrah is a civil and probate G. and Gladys L. Herrington the Herringtons as a way to attorney in Tulsa. Distinguished Lecture at Rogers provide exceptional educational State University April 5. The opportunities for students. Mr.

72 | APRIL 2018 THE OKLAHOMA BAR JOURNAL In Memoriam

hillip Craig Bailey of Tulsa He graduated from UCO with a the U.S. Army from 1960 to 1962. died Jan. 18. He was born Oct. bachelor’s degree in philosophy. He graduated from Central State P30, 1954, in Kansas City, Missouri. Mr. Murphy graduated from the College in 1964. He received his He graduated from Archbish- OCU School of Law as a Hatton J.D. from the OU College of Law op O’Hara High School in 1972, Sumner Scholar in 2011. He in 1967. Mr. Griffin started his Missouri State University in 1977 worked as an oil and gas attorney. private practice in Midwest City and earned his J.D. from the TU He served as a deacon and with in 1968. He later served as a city College of Law in 1980. Following the children’s and music ministry attorney for the next 20 years. In graduation from law school he at Forest Hill Christian Church. 1998, he moved his practice to the worked as an oil and gas attorney Donations in his honor may be Belle Isle area. He was an avid in Houston, eventually returning made to Blood:Water Mission golfer and a member of the Oak to Tulsa where he worked at the and Compassion International at Tree Country Club. He enjoyed Oklahoma Court of Civil Appeals bloodwater.org. quail hunting, training bird dogs for 18 years. In 2003, Mr. Bailey and watching OU football. returned to private practice at ene E. Griffin of Tulsa died Young, Bowden & Bailey. He then Feb. 10. He was born Dec. worked with McKenna & Prescott G1, 1939, in Huntsville, Arkansas. HOW TO PLACE AN in Tulsa before retiring in 2017. He He graduated from Clarence ANNOUNCEMENT: was an officer of the Sigma Tau High School at 16 and joined the The Oklahoma Bar Journal welcomes short articles or news Gamma social fraternity, a mem- U.S. Air Force in 1957. After his items about OBA members and ber of Delta Theta Phi law fraterni- career in the military, Mr. Griffin upcoming meetings. If you are ty and American Bar Association. was involved in ministerial an OBA member and you’ve He served on the board of the and missionary work. He lived moved, become a partner, hired Tulsa SPCA and was a founding in Israel for two years before an associate, taken on a partner, member of the Tulsa Humane moving to Oklahoma City in received a promotion or an award, Society. Donations in his honor 1971 to work as director of youth or given a talk or speech with may be made to The Dog Ranch at activities at Christian Center. In statewide or national stature, we’d like to hear from you. Sections, lakesidespayandneutercenter.com. 1974, he received a bachelor’s committees, and county bar degree from UCO in business associations are encouraged odney Allen Bassel of Altus administration. In July of that to submit short stories about died Sept. 3, 2017. He was same year, he moved to Tulsa to upcoming or recent activities. Rborn Feb. 12, 1946, in Altus. He work as assistant vice president of Honors bestowed by other graduated from Duke High School National Bank. Mr. Griffin left that publications (e.g., Super Lawyers, and Southwestern Oklahoma position to work as president and Best Lawyers, etc.) will not be State University in Weatherford. director of Insight Ministries. In accepted as announcements. (Oklahoma based publications In 1973, he received his J.D. from 1991, he received his J.D. from the are the exception.) Information the OU College of Law. Mr. Bassel TU College of Law and provided selected for publication is printed practiced law in Lawton for many pro bono work to Neighbor-for- at no cost, subject to editing and years including serving as a judge Neighbor for two years. In 1995, printed as space permits. in Comanche County. He served he opened his own practice. He in the U.S. Air Force Reserves. He also served as a Tulsa County Submit news items via email to: enjoyed the outdoors, especially assistant municipal judge. Lacey Plaudis Communications Dept. fishing and hunting. Donations Oklahoma Bar Association in his honor may be made to the arren L. Griffin of Edmond 405-416-7017 charity of your choice. died Jan. 6. He was born [email protected] WJuly 22, 1941. He graduated from eth Christian Murphy of Edmond High School in 1959 Articles for the August issue must Oklahoma City died Oct. 3, where he was a state champion be received by July 5. S2017. He was born June 5, 1986. wrestler. Mr. Griffin served in

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 73 Oklahoma Bar Journal Editorial Calendar

2018 ISSUES

AUGUST OCTOBER DECEMBER Education Law Sports Law Ethics & Professional Editor: Luke Adams Editor: Shannon Prescott Responsibility [email protected] [email protected] Editor: Leslie Taylor Deadline: May 1, 2018 Deadline: May 1, 2018 [email protected] Deadline: Aug. 1, 2018 SEPTEMBER NOVEMBER Bar Convention Torts Editor: Carol Manning Editor: Erin L. Means [email protected] Deadline: Aug. 1, 2018

2019 ISSUES

JANUARY MAY OCTOBER Meet Your Bar Association Technology Indian Law Editor: Carol Manning Editor: C. Scott Jones Editor: Leslie Taylor [email protected] [email protected] FEBRUARY Deadline: Jan. 1, 2019 Deadline: May 1, 2019 Estate Planning Editor: Amanda Grant AUGUST NOVEMBER [email protected] Appellate Law Starting a Law Practice Deadline: Oct. 1, 2018 Editor: Luke Adams Editor: Patricia Flanagan [email protected] Patriciaaflanaganlawoffice@ MARCH Deadline: May 1, 2019 cox.net Criminal Law Deadline: Aug. 1, 2019 Editor: Aaron Bundy SEPTEMBER [email protected] Bar Convention DECEMBER Deadline: Oct. 1, 2018 Editor: Carol Manning Ethics & Professional Responsibility APRIL Editor: Melissa DeLacerda Law Day [email protected] Editor: Carol Manning Deadline: Aug. 1, 2019

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

74 | APRIL 2018 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL APRIL 2018 | 75 What’s Online

Smartphones vs. Be a Better Public Speaker Does the thought of speaking in front of a group of Pocket Notebooks people make you anxious, insecure or unsettled? Despite the large migration to electronic media, Bull Find your confidence and learn how to appear calm, Garlington, award-winning humorist and speaker, confident and in control so people will listen to your argues the benefits of using a simple pocket notebook. message. Here is why you should put your smartphones down Goo.gl/pQFjpF and instead pick up a pad of paper. Goo.gl/q8SD62

What to Deep Clean Make Every Day Earth Day Earth Day is celebrated every year on April 22 by This Spring nearly 175 countries worldwide, but why limit It’s that time of the year again to open your cleaning it to just one day? Make every day Earth Day by supplies cabinet and tackle all of the spots you’ve implementing these 44 simple and easy tips to help likely neglected for the past year. Here are 20 things you go green, protect the earth and save money! you should be deep cleaning this spring and tips on Goo.gl/ntSpbf how to tackle them like a pro. Goo.gl/rG2r7w

76 | APRIL 2018 THE OKLAHOMA BAR JOURNAL Classified Ads

SERVICES SERVICES

OF COUNSEL LEGAL RESOURCES – SINCE 1992 RETIREMENT ON THE HORIZON? – Exclusive research and writing. Highest quality: If you have enjoyed developing estate plans trial and appellate, state and federal, admitted and and business transactions in your practice, practiced U.S. Supreme Court. Over 25 published are considering options for transitioning into opinions with numerous reversals on certiorari. retirement, would like to have those clients well- MaryGaye LeBoeuf 405-728-9925, marygayelaw@ served into the future and have that arrangement cox.net. be financially beneficial to you, please contact us at [email protected]. INTERESTED IN PURCHASING PRODUCING AND NONPRODUCING MINERALS; ORRi. Please CONTRACT OIL & GAS TITLE ATTORNEY WITH contact Greg Winneke, CSW Corporation, P.O. Box EXTENSIVE experience in Oklahoma preparing 23087, Oklahoma City, OK 73123; 210-860-5325; email complex oil and gas title opinions including tracts that [email protected]. are HBP. Call Monty C. “Cutter” Pritchett 918-510-6191 or email [email protected]. BRIEF WRITING, APPEALS, RESEARCH AND DISCOVERY SUPPORT. Eighteen years’ experience in civil litigation. Backed by established firm. Neil D. Van OFFICE SPACE Dalsem, Taylor, Ryan, Minton, Van Dalsem & Williams PC, 918-749-5566, [email protected]. OFFICE SPACE FOR LEASE IN ESTABLISHED FIRM. Space located in Boulder Towers at 1437 S. Boulder HANDWRITING IDENTIFICATION Ave., Suite 1080, Tulsa, OK. Space includes two POLYGRAPH EXAMINATION conference rooms, kitchen, reception area, security and Board Certified Court Qualified free parking. $750 per month. Contact Christine Fugate Diplomate – ABFE Former OSBI Agent at 918-749-5566 or [email protected]. Life Fellow – ACFEI FBI National Academy EXECUTIVE OFFICE WITH SECRETARIAL SPACE, Arthur D. Linville 405-736-1925 USE OF CONFERENCE ROOMS, receptionist, highspeed internet, fax, copy machine and kitchen. WANT TO PURCHASE MINERALS AND OTHER Convenient to all courthouses. Located in Midtown. 25 OIL/GAS INTERESTS. Send details to P.O. Box 13557, restaurants within ½ mile. Also the option of a private Denver, CO 80201. assistants office. $750 - $1,250/month. Contact Larry Spears or Jo at 405-235-5605. SUPERSEDEAS/APPEAL/COURT BONDS. Quick turn-around – A+ rated companies. Contact John ONE TO 5 EXECUTIVE OFFICES AVAILABLE FOR McClellan – MBA, Rich & Cartmill, Inc. 9401 Cedar LEASE AT THE RESERVE OFFICE PARK, 15310 N. Lake Ave., Oklahoma City, OK 73114. 405-418-8640; May Ave, 1 1/4 mile north of Memorial. Four are 12’x12’ email [email protected]. ($580/mo each). One is 18’x14’ plus closet ($800/mo). Can lease just one office. All five: $2,650/mo, utilities JANITORIAL SERVICES. Serving Oklahoma City metro included. Common areas: large reception foyer, kitchen, areas including Stillwater and Shawnee. References 2 conference rooms. [email protected]. upon request. [email protected]; 405-202-2401.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 77 POSITIONS AVAILABLE POSITIONS AVAILABLE

WATKINS TAX RESOLUTION AND ACCOUNTING ONEOK INC. SEEKS MANAGING ATTORNEY. FIRM is hiring attorneys for its Oklahoma City and ONEOK Inc., a Fortune 500 midstream energy Tulsa offices. The firm is a growing, fast-paced setting company, seeks a managing attorney for its Tulsa, with a focus on client service in federal and state tax Oklahoma headquarters. The managing attorney will help (e.g. offers in compromise, penalty abatement, perform commercial contracting activities primarily innocent spouse relief). Previous tax experience is not relating to ONEOK Inc.’s natural gas gathering and required, but previous work in customer service is processing business segment, with additional support preferred. Competitive salary, health insurance and for ONEOK Inc.’s natural gas liquids business segment. 401K available. Please send a one-page resume with The managing attorney will provide legal advice to one-page cover letter to [email protected]. management on midstream commercial matters and will review, draft, prepare and negotiate commercial THE OKLAHOMA BAR ASSOCIATION HEROES agreements. The managing attorney will also retain and program is looking for several volunteer attorneys. The supervise outside counsel for the company. Bachelor’s need for FAMILY LAW ATTORNEYS is critical, but degree in business law, business administration, energy attorneys from all practice areas are needed. All ages, management, economics, management or related all counties. Gain invaluable experience, or mentor a field preferred plus Juris Doctorate with experience young attorney, while helping someone in need. For providing legal counsel to companies in the energy more information or to sign up, contact Margaret Travis, industry, including matters involving the commercial 405-416-7086 or [email protected]. relationships between natural gas producers, processors, gatherers and marketers. Currently admitted to practice PROGRESSIVE, OUTSIDE-THE-BOX THINKING by a state bar association; if not currently admitted BOUTIQUE DEFENSE LITIGATION FIRM seeks a to practice in Oklahoma, then must be eligible to nurse/paralegal with experience in medical malpractice become admitted in Oklahoma. Applications should and nursing home litigation support. Nursing degree be submitted through ONEOK Inc.’s careers website at and practical nursing care experience a must. Please http://www.oneok.com/Careers. send resume and salary requirements to edmison@ berryfirm.com. ONEOK INC. SEEKS MANAGER OF SERVICE CONTRACT ADMINISTRATION. ONEOK Inc., a HARD WORK REWARDED at young, growing, AV- Fortune 500 midstream energy company, seeks a rated downtown OKC firm with 10 attorneys. Pignato, manager of service contract administration for its Cooper, Kolker & Roberson, PC is seeking one associate Tulsa, Oklahoma headquarters. The manager will be with 1 to 10 years civil litigation experience, preferably responsible for the management of ONEOK Inc.’s insurance/bad faith defense. Strong research and service contract function, which administers service writing skills a must. Best benefits in town. Salary agreements and certain procurement contracts and bonuses commensurate with experience. Send including environmental services, capital construction resume and writing sample to Pignato, Cooper, Kolker projects, information technology and services related & Roberson, PC, attention: Managing Partner, 119 N. to the operation and maintenance of company assets. Robinson Ave., 11th Floor, OKC, OK 73102. The manager will also assist business sponsors and legal counsel in the preparation, negotiation and LANDOWNERFIRM.COM IS LOOKING TO FILL TWO finalization of service agreements, work orders, bid POSITIONS in the Tulsa office: 1) a paralegal or legal documents and other related documents as needed. assistant with strong computer skills, communication Bachelor’s degree in law, accounting, business skills and attention to detail and 2) an attorney position administration, engineering, other related field or an – the ideal candidate will have excellent attention to equivalent combination of formal education and job- detail with an interest in writing, drafting pleadings, related experience required. Strong preference for Juris written discovery and legal research. Compensation Doctor degree or significant experience in a law firm DOE. Please send resumes and any other applicable or legal department setting. Applications should be info to [email protected]. Applications kept in submitted through ONEOK Inc.’s careers website at strict confidence. http://www.oneok.com/Careers.

78 | APRIL 2018 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

OKLAHOMA CITY LAW FIRM concentrating in the HELMERICH & PAYNE INC IS SEEKING A statewide representation of mortgage lenders seeks CORPORATE SECRETARY. The corporate secretary is associate attorney. Title examination experience responsible for communicating with Helmerich & Payne preferred, but will train right candidate. Statewide board members, managing the coordination of board travel required. Send resume and salary requirement and shareholder meetings, acting as a liaison for board to “Box T,” Oklahoma Bar Association, P.O. Box 53036, and shareholder communications and general outreach Oklahoma City, OK 73152. to shareholders on corporate governance matters. The corporate secretary responds to shareholder requests CHILD SUPPORT SERVICES is seeking a full-time for information, prepares all necessary agendas and attorney for our Rogers CSS District Office located at documents required for board and shareholder meetings 515 East Patti page Blvd, Claremore, OK 74017. The and coordinates shareholder lists and registrations. The position involves negotiation with other attorneys and corporate secretary executes and maintains all required customers as well as preparation and trial of cases in official corporate filing, documents, reports and records child support hearings in district and administrative according to applicable laws and regulations. The courts and the direction of staff in the preparation of corporate secretary will report to the general counsel. legal documents. In addition, the successful candidate If you are interested in this position, please visit our will help establish partnership networks and participate website at www.hpinc.com for the full job description in community outreach activities within the service area and complete an online application. in an effort to educate others regarding our services and their beneficial impact on families. Position will provide OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW recommendations and advice on policies and programs INVITES APPLICATIONS FOR THE ASSISTANT in furtherance of strategic goals. In depth knowledge DEAN FOR LAW CAREER SERVICES. This full-time of family law related to paternity establishment, child position requires a Juris Doctor degree and 2+ years’ support and medical support matters is preferred. experience in the legal profession. To apply visit http:// Preference may also be given to candidates who live ocuemployment.silroad.com/. in or are willing to relocate to the service area. Active membership in the Oklahoma Bar Association is FULL TIME POSITION AS ASSOCIATE ATTORNEY required. This position has alternate hiring levels. The for large law firm’s midtown Oklahoma City office. beginning salary is at least $42,771 annually with an Fast paced, client service focused environment. Send outstanding benefits package including health and resumes to Human Resources Dept., P.O. Box 1046, dental insurance, paid leave and retirement. Interested Tulsa, OK 74101. individuals must send a cover letter noting recruitment number 18-S044U, resume, three reference letters ATTORNEYS – IF YOU ARE LOOKING FOR AN and a copy of current OBA card to www.jobs.ok.gov, OPPORTUNITY…. we are seeking a long-term under unclassified positions. Applications must be relationship with an Oklahoma licensed attorney with received no earlier than 8 a.m. on March 19, 2018, and approximately three – five years’ experience in business no later than 5 p.m. on April 27, 2018. For additional transactions, estate planning, real estate or related information about this job opportunity, please email areas for our Oklahoma City and Tulsa offices. We are [email protected]. This position may be filled building a firm with an eye on the future. If you are at an alternate hiring level as a Child Support Services bright, an achiever, have an entrepreneurial attitude, attorney III (beginning salary $4,321.67 monthly), Child are open to new approaches and have proven business Support Services attorney II (beginning salary $3,942.92 development skills that could lead to a partnership monthly), or as a Child Support Services attorney I relationship, you should respond to this immediate (beginning salary $3,564.25 monthly). The State of opportunity. Performance that demonstrates these Oklahoma is an equal opportunity employer. attributes will assure you fast professional progress. Sole practitioners, this might work for you. We offer an attractive benefit package and a salary commensurate with your aptitude for our practice. If you would like to explore how this could change your life, please send your resume and a cover letter to achievercareerpath@ gmail.com.

THE OKLAHOMA BAR JOURNAL APRIL 2018 | 79 Back Page

An Anonymous Inspiration By Daniel V. Flatten

pring, 1968. Fifty years night, in the midst of celebration, “He hath sounded forth the ago. A depressing time. he was gunned down by a trumpet that shall never The unhappy progress disgruntled Palestinian, Sirhan call retreat…” Sof the Vietnam War dominated B. Sirhan. both foreign and now, domestic Oh no! Another assassination! We looked up. We looked at affairs, and as if the Kennedy Another insult to our lawfulness, each other. Father … (I confess assassination five years earlier our openness, our electoral while I remember him well, I were not sufficient, we now process, our pride in our country. have forgotten his name) paused had the Martin Luther King Jr. When will it end? How much in distributing the Eucharistic. assassination and increasing more will our loyalty to our We wept – unapologetically. dissention and lawlessness. principles be tested? Where Then smiled. In January, an aggressive but is justice? decidedly second-rate power, The next day, with flags at “His truth is marching on.” North Korea, had captured a U.S. half-staff, daily mass at base Navy intelligence ship, the Pueblo. chapel No. 1. Probably only a That high, clear intonation In other circumstances, we dozen of us in attendance, but we of Julia Ward Howe’s powerful would have made the military had an organist. A woman in the anthem inspired us as it has done response such piracy merited. But base parish. For daily mass, she in times of trial since its inception although we had overwhelming probably received $1, which was in the American Civil War. Our military superiority, we were the typical stipend, as a bonus, pride in country, commitment already bogged down in one she lent her clear soprano voice to to duty, respect for our fellow Asian war, and civilian leadership the hymns. citizens, trust in our leadership concluded that national consensus Anyway, she took us through were all reinforced by that would not support another. the almost pro forma hymns of unheralded act. I wish I knew I viewed all this from the the Kyrie and Gloria near the her name. I wish I had thanked secure precincts of Tinker beginning of mass and the Credo, her. I didn’t. But I remember. AFB, Oklahoma, in the still mid-way. But at communion, as And on this 50th anniversary of more secure role of an Air we approached the altarin silence, those events, I reflect on what she Force judge advocate. Still, something decidedly not part of salvaged from such an unhappy even that far removed from daily Catholic ritual sounded – day. If, as I suspect, she has gone the events themselves, one the stirring strains of “The Battle to her eternal reward, it surely could not be immune to their Hymn of the Republic.” included merit for such a worthy depressing effects. act. If not, I hope she remembers it Imagine then the events of June “Mine eyes have seen as vividly as I do. In either event, 5-6. The California Democratic the glory…” God bless her! primary. Bobby Kennedy, the popular heir to his brother’s Every back stiffened, every step Mr. Flatten is an OBA member who political legacy had won a quickened, every prayer halted, practices in Houston, Texas. convincing victory. But that very every chin lifted.

80 | APRIL 2018 THE OKLAHOMA BAR JOURNAL FIRST ANNUAL SPRING Elder Law Conference

SPONSORED BY: STOREY OAKS MEMORY CARE - ELDERCARE FINANCIAL - INTERACTIVE LEGAL - PURVIEW LIFE - DALE KRAUSE - EMERALD SQUARE ASSISTED LIVING

program moderator: Donna J. Jackson, President of the FRIDAY, APRIL 20, 9 a.m. - 2:50 p.m. 6/0 Oklahoma Chapter of NAELA Gaylord-Pickens Museum, 1400 Classen Drive, Devon Classroom, OKC Topics & Presenters: A reception from 3 – 4:30 p.m. will follow Friday’s program at Gaylord-Pickens Museum and is open to all attendees. - Background of the National Academy of Elder Law Attorneys (NAELA) & Elder Law THIS CLE WILL NOT BE WEBCAST OR RECORDED FOR FUTURE VIEWING Hyman Darling, Bacon Wilson Attorneys at Law, MA Early registration by Friday, April 13, 2018, is $150; Registrations received after April 13th will increase $25 and another $25 increase for walk-ins. Registration includes continental breakfast and a networking lunch. To receive a $10 discount - Elder Law and the on in-person programs register online at www.okbar.org/members/CLE. Importance of NAELA Donna J. Jackson, CPA, JD, LLM, Oklahoma City, OK - Jacobson Trusts and Work on (d)(4)(A) Trust for Children in Oklahoma Chapter Foster Care Sara Murphy, Legacy Legal Center, OK NAELA Meeting - Special Needs Trusts Barb Helm, Executive Director, Arcare, Inc., KS SATURDAY, APRIL 21, 9 a.m. - 3 p.m. - Veterans Administration and Donna J. Jackson Law Office, 10404 Vineyard Blvd., Ste. E, OKC Medicaid Planning Dale Krause, JD, LLM, and On Saturday, April 21st, Oklahoma Chapter NAELA members may register to attend the first chapter unprogram Thomas Krause, JD, meeting from 9:00 a.m. – 3:00 p.m. Lunch will be catered. There will be a $50 registration fee. For information on Krause Financial Services, WI becoming an OK Chapter NAELA Member go to www.naela.org. To register for the meeting go to - Oklahoma Medicaid www.okbar.org/members/CLE. Travis Smith, Oklahoma Dept. of Human Services

For details and to register go to: www.okbar.org/members/CLE Stay up-to-date and follow us on