OCBA Celebrates Law Day 2015 Day Law Celebrates OCBA
Total Page:16
File Type:pdf, Size:1020Kb
APRIL 2015 Vol. 47, No. 3 A Publication of the OKLAHOMA COUNTY BAR ASSOCIATION WWW.OKCBAR.ORG OCBA Celebrates Law Day 2015 U.S. District Judge Stephen Friot to Speak at Law Day Luncheon by Curtis Thomas, Law Day Chair Association erected in 1957. That gran- of persons. Colonists took with them to One of the most iconic moments in the ite memorial stands today as a tangible America the idea that the sovereign must legal history of the world was the signing reminder of our commitment to the rule of recognize and respect the rights of the indi- of the Magna Carta at Runnymede in 1215. law, the connections between Magna Carta vidual. During the American Revolution, That moment has been memorialized on and the political and legal history of the Magna Carta was cited for its symbolic monuments, murals, paintings, and friezes, United States, and the continuing symbolic significance by Thomas Paine, Benjamin and it even appears on the bronze doors significance of Magna Carta in the world- Franklin, and Thomas Jefferson, among of the United States Supreme Court. The wide struggle for rights. many others. U.S. District Judge Stephen Friot Magna Carta has inspired, and been cited Magna Carta’s most oft-cited provision, Magna Carta continues to inform our by, our nation’s founders, jurists, and civil Chapter 39, declares, “No free man shall thinking about rights and liberty. When rights leaders. Magna Carta has rightly be seized or imprisoned, or stripped of Eleanor Roosevelt introduced the Universal Perhaps more than any other document earned a prominent place in the pantheon his rights or possessions … except by the Declaration of Human Rights to the United in human history, Magna Carta has come of cherished documents of freedom. lawful judgment of his equals or by the law Nations Assembly in 1948, she referred to to embody a simple but enduring truth: The 2015 Law Day theme—“Magna of the land.” Inspired by this provision, it as an international Magna Carta for all No one, no matter how powerful, is above Carta: Symbol of Freedom Under Law”— we have come to associate the early roots humanity. Nelson Mandela cited Magna the law. In the eight centuries that have celebrates the contributions of the Great of our cherished due process rights with Carta in his eloquent Statement from the elapsed since Magna Carta was sealed in Charter of Liberty. The words of the Law Magna Carta. Over the centuries Magna Dock in the Rivonia trial in 1964. The 1215, it has taken root as an international Day theme are drawn from the inscrip- Carta has become the embodiment of United States Supreme Court has refer- tion on the Magna Carta Memorial at the principle that no person is above the enced Magna Carta in its opinions more See LAW DAY, PAGE 11 Runnymede, which the American Bar law, that we are a nation of laws and not than 170 times. Practice Tips from Federal Judges at Bench and Bar Conference By Rex Travis reading were terrible. All three judges length of the brief down to the 25-page Office. Information and pricing can be Lawyers who practice in federal court indicated a common failing among us is limit!” found at www.wordrake.com. It is also were fortunate to get practice tips from inadequate editing and rewriting by the Judge Tim DeGiusti suggested some available for Mac. It enables you to write some federal judges at the 2015 Bench lawyers filing the briefs. remedial reading by lawyers would and edit your brief and then run the brief and Bar Conference at Quartz Mountain Judge Heaton expressed some irrita- include The Elements of Style by Strunk through Wordrake which will then high- Lodge. I was fortunate enough to get to tion at having lawyers file an application and White (4th Edition). The book is light words which can be omitted or phras- chair a panel consisting of U.S. District for leave to exceed the 25-page limit, available from Amazon new in paperback es which can be rewritten to express the Judges Robin Cauthron, Joe Heaton and based on the assertion the legal matter for $6.95. Judge DeGiusti also particularly same thought more simply and succinctly. Tim DeGiusti. The announced purpose involved could not possibly be covered recommended The Literate Lawyer by All three judges spoke adamantly that one of the panel was to acquaint federal court in less than 32 pages. Then, when the Robert Barr Smith, Professor Emeritus of their major irritants and “space wasters” practitioners with things the judges believe brief is filed, it begins something like: at the OU Law School. That book is also in briefs is lawyers criticizing opposing we lawyers can do to be more effective in “Comes now the Plaintiff, John Smith, available from Amazon new for $25 in counsel or the opposing party. All three federal court. by and through his lawyers, Jones and paperback or used for $9.25. A member of suggest that you are much better off using All three judges suggested that the qual- Brown, and, for response to the Motion the audience recommended The Winning the pages of your brief for advocating your ity of legal writing in their courts leaves for Summary Judgment of Defendant, Brief by Bryan Garner, also available from legal position and argument than saying bad much to be desired. Judge Cauthron told Gigantic Corporation, filed herein, states Amazon new for $56.95. things about the opposition. us about being told by her law student and avers.” He suggested this makes him I suggested we have used and like Word clerks that particular briefs they were think, “I can suggest to you how to get the Rake, proofreading software for Microsoft See PRACTICE, PAGE 13 Inside Emerson School Bench and Bar From the President. 2 Work Life Balance.. .12 Events and Seminars. 3 Stump Roscoe . 12 Receives Gifts Wrap-up And the Court Said. 4 iBar Playlist. .13 Alternative School gets Read a recap and see photos Ask-A-Lawyer Volunteer Form. 5 Old News. 14 generous donation. from Bench and Bar Weekend Bar Observer. 10 Obituary. .15 Page 3 Page 8 OKLA CITY OK CITY OKLA PERMIT# 59 PERMIT# PAID US POSTAGE US PRSRT STD PRSRT 2 BRIEFCASE • April 2015 BRIEFCASE April 2015 From the President Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Is Justice Blind? Oklahoma City, OK 73102 (405) 236-8421 By Jim Webb Americans say that blacks receive equal “prejudices” – technically defined as pre- treatment under the criminal justice system. conceived judgments or opinions. Like it Briefcase Committee OCBA President That’s a ten percentage point drop from one or not, my own background and experiences “Injustice anywhere is a threat to jus- Judge Jim Croy, Chris Deason, Judge Don year earlier, when the public was evenly Deason, Michael Duggan, Michael Ford, Brian tice everywhere.” ” are necessary parts of the lens through which divided on the question. This finding comes Hansford, Justin Hiersche, Thomas Ishmael, -Martin Luther King, Jr. I filter the world around me. However, that Scott Jones, Matt Kane, Katherine Mazaheri, from the Public Religion Research Institute Lady Justice wears a blindfold. The rea- means I must be ever vigilant for when those Joi McClendon, Shanda McKenney, Richard American Values Survey. Parr, Travis Pickens, Austin Reams, Teresa son, of course, is that justice is to be objec- judgments or opinions are irrational, hostile, Rendon, Judge Vicki Robertson, Bill Sullivan, tive – based entirely on the or detrimental to the rights of others. Similarly, as reported Rex Travis, Collin Walke, Judge Allen Welch facts and the law, not based As a lawyer, I must be committed to jus- and Alisa White. by U.S. News & World on wealth, power, race, or tice for all. All means all. “Equal justice Editor Judge Geary L. Walke Report, all-white juries the like. under law is not merely a caption on the Contributing Editors Richard Goralewicz Have you ever worn a convict black defendants facade of the Supreme Court building, it Bill Gorden blindfold to smack a piñata for felonies at a rate of is perhaps the most inspiring ideal of our Warren Jones with a wiffle bat? Or pin the 81 percent versus white tail on a donkey? Did you defendants at a rate of 66 society,” wrote U.S. Supreme Court Justice percent. Lewis Powell, Jr. “It is one of the ends for Oklahoma County Bar Association ever cheat by tilting your head back and peaking out All too often, racial which our entire legal system exists.” OFFICERS: down your nose and under- biases aggravate socio- Lawyers are the ultimate human defenders President Jim Webb neath the blindfold? economic disadvantages of justice. It is imperative for us to accept President-Elect Angela Ailles Bahm Uh, me neither. for folks who already lack and understand those who come from dif- Vice President Judge Barbara Swinton We would all like to access to the legal sys- Judge Patricia Parrish ferent backgrounds. Along those lines, it’s Past President believe Lady Justice is inca- tem and legal counsel. In Treasurer Robert D. Nelon even more important to work within our pable of peaking. Trayvon Jim Webb times like these, we attor- Bar Counsel Brandon Long profession -- such as mentoring junior attor- Martin, Michael Brown, neys must be reminded of STAFF: neys or promising students from different Eric Garner, and, most recently, a disgrace- the duty of our profession and the goals of Executive Director Debbie Gorden backgrounds -- so that the legal profession is ful video from a fraternity in our own back the law, as so appropriately captured by Roy Legal Placement Director Pam Bennett yard, have caused me to think seriously more inclusive and reflective of our society.