Law • Icivics Events to Feature Justice Sandra Day O’Connor

Volume 83 u No. 11 u April 14, 2012

No Courts, No Justice, No Freedom

ALSO INSIDE • Liability Insurance • Future of State Commercial Transactions Law • iCivics Events to Feature Justice Sandra Day O’Connor

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 865 2012 OBA SOLO and SMALL FIRM CONFERENCE & YLD MIDYEAR MEETING

Law Office Mgt. & Technology Section Family Law Section

Join us for the 2012 Solo & Small Firm Conference June 21-23, 2012! This exciting annual event will be held at the Choctaw Casino Resort in Durant, Oklahoma. For those of you unfamiliar, the Choctaw Casino Resort carries the prestigious North American AAA’s Four Diamond Rating. This rating is reserved for the truly exceptional properties with the highest quality of service. Choctaw Casino Resort delivers an extensive array of amenities, world- class dining, and hospitality to its visitors. Early bird registration is only $175! Register by June 8 for the early bird rate at www.okbar.org/solo Oklahoma Bar Association Phone: 405.416.7006 Fax: 405.416.7092 www.okbar.org/solo

866 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Theme: pg. 937 Law Day: No Courts, No Justice, No Freedom Lawyers for Editor: Carol Manning Heroes Departments 868 From the President contents 914 Editorial Calendar April 14, 2012 • Vol. 83 • No. 11 940 From the Executive Director 941 Law Practice Tips 944 Ethics/Professional Responsibility 947 OBA Board of Governors Actions 951 Oklahoma Bar Foundation News 954 Access to Justice 955 Young Lawyers Division 957 Calendar 959 For Your Information 961 Bench and Bar Briefs 964 In Memoriam 968 The Back Page pg. 932 Oklahoma iCivics Events

Plus 911 Liability Insurance: Membership Has Its Privileges By Philip R. Bruce and Paul M. Kolker About the Cover: The new Oklahoma 915 The Dodd-Frank Act and the Judicial Center in Oklahoma City Future of State Commercial Photographer: Jeff Kelton Transactions Law By Alvin C. Harrell Features 923 Legislative News: Session Past 871 Celebrations Focus on Halfway Mark Importance of the Judiciary By Duchess Bartmess By Tina L. Izadi 928 High School Mock Trial Committee 877 Law Day 2012 Contest Winners Wraps Up Another Successful Year By Jennifer Bruner 898 County Law Day Chairpersons 932 Oklahoma iCivics Events to Feature 901 County Bar Association Justice Sandra Day O’Connor Activities By Jeff Kelton 935 Diversity Committee Introduces 906 Supreme Court Law Day New Awards Directive 937 Lawyers for Heroes: Welcome 907 Governor Issues Law Day Home 45th! Proclamation By Deborah A. Reheard

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 867 FROM THE PRESIDENT

No Courts, No Justice, No Freedom Law Day Theme Gives Bar Members Opportunity to Advocate By Cathy Christensen

In a few weeks, the nation will celebrate Law Day, a enjoy one of the lowest unemploy- celebration that originated in Oklahoma. Law Day was conceived ment rates in the country. by the late Hicks Epton, a Wewoka attorney and OBA past presi- Oklahoma welcomes new citizens dent. President Dwight D. Eisenhower established Law Day and new businesses into our state on a nationally by presidential proclamation in 1958. regular basis. But, On this occasion, he said, “It is fitting that the will those individ- American people should remember with pride uals and business- and vigilantly guard the great heritage of lib- We are under a es remain in our erty, justice and equality under law. It is our Constitution, but state if they are moral and civil obligation as free men and as unable to have Americans to preserve and strengthen that the Constitution their legal disputes great heritage.” promptly resolved This year’s Law Day theme “No Courts, No is what the judges in a court of law? Justice, No Freedom” allows us, as attorneys, say it is, and the Will businesses tol- to showcase what it is that we may do best — erate the expense advocate! It is our opportunity to advocate in judiciary is the of unnecessarily support of adequate funding of the court sys- prolonged litiga- tem and the judiciary. It is our opportunity to safeguard of our tion? Will families advocate for fair and just judicial salaries at all liberty and of our wish to remain in levels of the judiciary to ensure that the best Oklahoma if they and the brightest legal minds are attracted to property under the cannot have timely judicial service. Most impor- access to fair and tantly, it is our opportunity Constitution. impartial courts? I think not. to advocate that courthouses Charles Evans Hughes remain open for business to American Jurist and Adequate court all Oklahomans regardless of funding is essential race, religion or economic Statesman, 1862-1948 to Oklahoma’s bus- level. iness growth and a Inadequate funding threat- stable economy. It ens to undermine the ability of our state courts is also essential to the core of our to function properly. Oklahoma judicial fund- constitutional democracy. Courts ing was decreased in each of the last three must remain open, available and years. Like many of our sister states, funding adequately staffed. The consequenc- for the third branch of government is about es of inadequate court funding will one percent of the total state budget. Many negatively impact the daily life of state courts around the nation are closing any Oklahoma litigant in trial court early each day or closing one full day each seeking resolution of civil disputes, President Christensen week to save money or to avoid overtime divorces, child support, custody and practices in Oklahoma City. costs. In other states, many court employees probate or criminal law matters. Cathy@ have been laid off or furloughed. In compari- Someone in almost every Oklahoma CathyChristensenLaw.com son to other states’ court systems, Oklahoma family has, most likely, entered into 405-752-5565 has weathered well the national economic an administrative court or a trial challenges and the corresponding reduced court seeking relief or restitution. income to the court system. We are blessed to cont’d on page 943

868 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 OFFIC ERS & BOARD OF GOVERNORS Cathy M. Christensen, President, Oklahoma City James T. Stuart, President-Elect, Shawnee events Calendar Peggy Stockwell, Vice President, Norman Deborah A. Reheard, Immediate Past President, Eufaula APRIL 2012 Renée DeMoss, Tulsa Gerald C. Dennis, Antlers 17 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Glenn A. Devoll, Enid Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Kimberly Hays, Tulsa Barbara Swinton 405-713-7109 O. Chris Meyers II, Lawton D. Scott Pappas, Stillwater 18 OBA Law Day Committee Meeting; 12 p.m.; Oklahoma Bar Center, Nancy S. Parrott, Oklahoma City Oklahoma City and OSU Tulsa; Contact: Tina Izadi 405-522-3871 David A. Poarch Jr., Norman OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar Ryland L. Rivas, Chickasha Susan S. Shields, Oklahoma City Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Bret A. Smith, Muskogee Deirdre Dexter 918-584-1600 Linda S. Thomas, Bartlesville 19 OBA Access to Justice Committee Meeting; 10 a.m.; Oklahoma Bar Jennifer Kirkpatrick, Oklahoma City, Chairperson, OBA/Young Lawyers Division Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Rick Rose 405-236-0478 BAR Center Staff John Morris Williams, Executive Director; OBA Work/Life Balance Committee Meeting; 12 p.m.; Oklahoma Gina L. Hendryx, General Counsel; Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa and Carol A. Manning, Director of Communications; teleconference; Contact: Sarah Schumacher 405-752-5565 Craig D. Combs, Director of Administration; Travis Pickens, Ethics Counsel; Jim Calloway, OBA Justice Commission Subcommittee Meeting; 1 p.m.; Director of Management Assistance Program; Oklahoma Bar Center, Oklahoma City; Contact: Drew Edmondson Beverly Petry Lewis, Administrator MCLE 405-235-5563 Commission; Robbin Watson, Director of Informa- tion Technology; Jane McConnell, Coordinator OBA Justice Commission Meeting; 2 p.m.; Oklahoma Bar Center, Law-related Education; Loraine Dillinder Farabow, Oklahoma City; Contact: Drew Edmondson 405-235-5563 Tommy Humphries, Debbie Maddox, Ted Rossier, Assistant General Counsels; Katherine 20 OBA Lawyers Helping Lawyers Assistance Program Training; Ogden, Staff Attorney; Tommy Butler, Tanner 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Condley, Sharon Orth, Dorothy Walos Contact: Tom Riesen 405-843-8444 and Krystal Willis, Investigators OBA Rules of Professional Conduct Committee Meeting; 3 p.m.; Manni Arzola, Debbie Brink, Stephanie Burke, Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa Brenda Card, Morgan Estes, Johnny Marie and teleconference; Contact: Paul Middleton 405-235-7600 Floyd, Matt Gayle, Dieadra Goss, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, 21 OBA Young Lawyers Division Officers Meeting; 10 a.m.; Oklahoma Amy Kelly, Jeff Kelton, Durrel Lattimore, Bar Center, Oklahoma City; Contact: Jennifer Kirkpatrick 405-553-2854 Heidi McComb, Renee Montgomery, Wanda Re- ece-Murray, Lori Rasmussen, Tracy Sanders, Mark 23 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Schneidewent, Laura Willis & Roberta Yarbrough Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; EDITORIAL BOARD Contact: D. Michael O’Neil Jr. 405-239-2121 Editor in Chief, John Morris Williams, News 24 A Conversation with Justice Sandra Day O’Connor; 10 a.m.; & Layout Editor, Carol A. Manning, Editor, Oklahoma Bar Center, Oklahoma City; Contact: Jane McConnell Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Sandee Coogan, 405-416-7024 Norman; Emily Duensing, Tulsa; Erin L. Means, 25 OBA Board of Governors Meeting; 9 a.m.; Oklahoma Bar Center, Enid; Pandee Ramirez, Okmulgee; Mark Ramsey, Oklahoma City; Contact: John Morris Williams 405-416-7000 Claremore; Joseph M. Vorndran, Shawnee; Judge Allen J. Welch, Oklahoma City; For more events go to www.okbar.org/calendar January Windrix, Poteau NOTICE of change of address (which must be The Oklahoma Bar Association’s official website: www.okbar.org in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. All rights reserved. Copyright© 20082012 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried P.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association 405-416-7000 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Toll Free (800) 522-8065 FAX 405-416-7001 a month in january, February, March, April, May, August, Septem- Continuing Legal Education 405-416-7006 ber, October, November and December and bimonthly in June and Ethics Counsel 405-416-7055 July. by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, General Counsel 405-416-7007 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- Law-related Education 405-416-7005 homa City, OK. POSTMASTER: Send address changes to THE OKLAHOMA Lawyers Helping Lawyers 800-364-7886 BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip- Mgmt. Assistance Program 405-416-7008 tions are $55 per year except for law students registered with the Mandatory CLE 405-416-7009 Oklahoma Bar Association, who may subscribe for $25. Active mem- OBJ & Communications 405-416-7004 ber subscriptions are included as a portion of annual dues. Any Board of Bar Examiners 405-416-7075 opinion expressed herein is that of the author and not necessar- Oklahoma Bar Foundation 405-416-7070 ily that of the Oklahoma Bar Association, or the Oklahoma Bar Journal Board of Editors.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 869 No Courts, No Justice, No Freedom

870 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 LAW DAY 2012 Celebrations Focus on Importance of the Judiciary By Tina L. Izadi

The theme for Law Day 2012 is “No Courts, No Justice, No Freedom” theme. We have also No Justice, No Freedom.” It’s an overdue and put together once again an informative televi- timely theme. The importance of honoring, sion show, highlighting the important impact respecting, supporting and preserving our lawyers make on the lives of individuals and judiciary is as critical now as it was in the the law. Additionally, with the help of all our founding days of our nation. It is through the attorney volunteers, we will continue to offer courts that we are able to maintain and safe- 12 hours of nonstop free legal advice. guard a free society. Severe funding cuts to the ASK A LAWYER TV SHOW courts are occurring nationwide and significantly hindering the courts’ ability to provide a This year’s Ask A Lawyer television program fair and impartial forum to reach a just result. will air Thursday, April 26, at 7 p.m. on OETA Despite these budgetary cuts, the courts are stations across the state. The show provides seeing a significant increase in the cases filed, information about current legal issues facing taxing the system even more. For these reasons individuals in this state and how Oklahoma it is important to recognize the courts and lawyers are making an impact. This year’s Oklahoma’s judiciary and its role in ensuring show features segments titled “Families in that justice is served. It is essential that the Transition,” “Dealing with Disaster” and courts are open and accessible to everyone, “Residential Rights.” safeguarding the rule of law. The first segment details an innovative Law Day provides an opportunity to take program administered through Family Court time to celebrate our theme and educate both Services in Tulsa County aimed at assisting the public and students about the importance families as they go through a divorce. During of the law, the judiciary and the role both play the show, we’ll hear from participants who in shaping day-to-day existence. It is a fantastic explain why the help they received made a dif- and exciting opportunity! The OBA Law Day ference for their children, and why they believe Committee believes it is a critical task to cele- the program should be expanded statewide. brate the important work lawyers do for the Then you’ll meet a couple who needed a new community. We’ve carried on the tradition for roof after a devastating Oklahoma hail storm, more than 50 years, a tradition born right here only to discover their insurance company was in Oklahoma. Wewoka attorney and past OBA unwilling to pay their claim. Later, we’ll meet President Hicks Epton developed the idea for a man who found he had no place to live as he Law Day in the late 1950s, and it has evolved struggled to turn his life around after his into a national celebration. This year Oklaho- release from prison. mans will observe Law Day on April 26 with The show also offers an update on the Okla- events and activities throughout the state. We homa Lawyers for America’s Heroes program. have continued our annual art and writing The initiative, now in its second year, is more contests focusing this year on the “No Courts,

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 871 Ask A LawyerH Thursday, April 26 Lt. Col. Max Moss of the Oklahoma National Guard 45th Infantry Brigade Combat Team is interviewed for the Ask A Lawyer TV Show. 7-8 p.m. critical than ever as thousands of troops serving with the Oklahoma National Guard 45th Infan- OETA stations try Brigade Combat Team have now returned stateside after their year-long deployment in Afghanistan. Military experts warn some of Featuring these soldiers could face legal challenges in the Segments on: months to come, and hundreds of OBA members continue to stand ready to assist them at no cost. I Families in Transition You’ll hear from a returning service member I Dealing with Disaster and a veteran who needed legal services during and after their deployment, and find out why I Residential Rights the OBA’s legal assistance program is important I Lawyers for Heroes to heroes like them. You’ll also hear from 2011 OBA President Deborah Reheard who initially conceived the program, as well as from OBA Hosted and member Lt. Col. Max Moss from the 45th, who Moderated by explains why the program continues to be vitally Dick Pryor important to members of his outfit. Special Guests: Oklahoma Supreme Court Chief Justice Steven Taylor OBA President Cathy Christensen

Tulsa County District Judge Mark Barcus discusses “Families in Transition” during the Law Day TV show. H

872 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Oklahoma Supreme Court Chief Justice Steven Taylor welcomes Law Day contest winners to a recognition ceremony at the State Capitol. Also attending the ceremony were Law Day Committee Chair Tina Izadi and OBA President Cathy Christensen (far right).

The show will continue its town hall format, while promoting a positive public image of where audience members will have an oppor- attorneys and the OBA. tunity to ask questions to expert attorney panelists. The show will also feature OBA Presi- Callers statewide will be able to reach an dent Cathy Christensen and Chief Justice Ste- attorney by calling 800-456-8525 throughout ven Taylor along with the winners of the Law the day on April 26. The OBA and the commit- Day contests and their winning artwork. tee work with each county Law Day chairperson in setting up a network of local phone CONTESTS AND ACTIVITIES numbers during the broadcast. Volunteer attor- This year more than 1,400 students from neys in each participating county staff the across the state submitted entries centered on phones and answer questions for a predeter- this year’s theme, “No Courts, No Justice, No mined time period. Oklahoma and Tulsa Coun- Freedom.” Judging hundreds of entries is ty attorneys work together to staff the toll-free, always a challenge for the Law Day Committee statewide phone number from 9 a.m. – 9 p.m. members; the caliber of the work we receive from students is always top notch! The winners have been announced, and the winning entries can be viewed at www.okbar.org/lawday and starting on page 877 of this issue. FREE LEGAL ADVICE Final preparations are under way for the statewide Ask A Lawyer call-in event, to be held on April 26, where for 12 nonstop hours free legal advice is provided to the public. The Ask A Lawyer call-in event is one of the best ways all Oklahoma bar members can participate in the national celebration of Law Day. Expert panelists (from left) Kimberly Hays, Phil This annual event gives us a unique opportuni- Tucker and Noel Tucker field family law questions H ty to provide a valuable community service during the Ask A Lawyer TV show.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 873 We Need Your Help the public and remind everyone of the positive work attorneys do. We hope all of you will par- To make this community service project a ticipate in Law Day, whether it is volunteering success, the Law Day Committee needs your to provide free legal advice in your county, help! It takes a total of 30 attorneys for each making a presentation to a local school group two-hour shift to fully staff the statewide num- or organization, participating and recruiting ber. That effort, combined with the local county town hall participants or joining us on the Law bars, creates a huge need for attorneys to step Day Committee. Additionally, if you have a forward. To volunteer, contact your local coun- story of helping a client or know of a good ty Law Day chairperson. The contact informa- story to feature in the Ask A Lawyer TV Show, tion for each county Law Day chairperson and please share with us! the activities planned for each county are listed in a related story in this issue. If you’d like to join this fun, yet hardworking committee, contact me at 405-522-3871 or at The Law Day Committee has again commit- [email protected]. With your commitment, ted to branch out to the Latino community by we can continue to work toward our goal of offering free legal advice in Spanish. Each shift creating an engaged, informed citizenry in in Tulsa and Oklahoma City will need Spanish- Oklahoma! speaking volunteers. If you speak Spanish or know non-attorneys who would volunteer to Ms. Izadi practices in Oklahoma City and chairs translate, we need your help! the OBA Law Day Committee. DIRECTIVE AND PROCLAMATION In continuing with OBA Law Day tradition, Chief Justice Taylor signed the Law Day directive, encouraging courts to host Law Day events. Gov. Mary Fallin has signed a proclamation designating May 1, 2012, as Law Day in Oklahoma. Both of those documents speak to the “No Courts, No Justice, No Freedom” Law Day theme and are available for your viewing in this issue. GET INVOLVED Every spring, planning for the following year’s celebration of Law Day begins even before the current Law Day festivities end, and Kimberly Brasher and Linda Samuel-Jaha answer we need your ideas! The annual event provides calls for legal advice during the 2011 Ask A Lawyer an exciting opportunity for all of us to educate event in Oklahoma County.

874 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 ¿Habla Español?

We need you!

Spanish-speaking attorneys are needed to give free legal advice on Ask A Lawyer day.

Non-attorney translators Volume 78 u No. 35 u Dec. 22, 2007 are also needed. The OBA is reaching out to the Latino community, so we expect to hear from Spanish-speaking callers. When: Thursday, April 26 9 a.m. – 9 p.m. (two-hour shifts)

OETA Studios in Court Material Oklahoma City and Tulsa To sign up: Oklahoma City Connie Creed • (405) 236-8421 [email protected] Tulsa Dan Crawford • (918) 660-0400 [email protected] ¡Alli los miramos!

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 875 876 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 LAW DAY 2012

CONTEST WINNERS

No Courts, No Justice, No Freedom

More than 1,400 students from across the state participated in the 2012 Law Day contests. This year’s theme, “No Courts, No Justice, No Freedom,” encouraged our youngest citizens to gain a greater understanding of the role of the judicial system that makes our democracy work, and further, that the courts are the safeguard of our liberty under the Constitution. Art contests were offered to the younger students. The coloring contest for pre-kindergarteners, kindergarteners and transitional first graders was again a tremendous success. More than half of the total entries were coloring contest entries. First and second grade students could enter a drawing contest, while third and fourth graders could create a collage. Fifth graders could submit either a collage or creative writing, while sixth through eighth graders could choose between creative writing and visual arts. The creative free for all category for ninth through 12th graders invited students to use their imaginations and choose any medium to demonstrate the Law Day theme. Law Day’s YouTube contest was open to anyone and many entries were received during the contest’s fourth year. One student was designated the “grand prize winner” for having submitted the best overall entry from all grades. County bar associations will officially present the contest winners in their county with plaques and prize money later this school year.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 877 Grand Prize Contest Winner Madison Tryzbiak Union 6th–7th Grade Center, Tulsa Teacher: Leslie Thornbrugh

Video Contest Winners Mike Hogsett and Kyle Fitzgerald Christ the King School, Oklahoma City

Kyle Fitzgerald

Mike Hogsett

To see Mike and Kyle’s video, to to www.okbar.org/lawday

878 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Coloring Contest Winners Pre-Kindergarten

1st Place Lana Behrends Temple Elementary School Temple Teacher: Terri J. Hooper

2nd Place Albany Black Graham Elementary School Weleetka Teacher: Mrs. Neal

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 879 Coloring Contest Winners Kindergarten

1st Place Austin Buchanan Virginia Smith Elementary Harrah

2nd Place Jazmyne Bayless Temple Elementary Temple Teacher: Judy Dilbeck

880 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Coloring Contest Winners Transitional First

1st Place Timothy Phipps Pleasant Vale Elementary School, Enid Teacher: Mary Lassiter

2nd Place Isabelle Hammer Stilwell Elementary School Stilwell Teacher: Dian Walker

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 881 Drawing Contest Winners First

1st Place Shelby Gregory Maryetta School, Stilwell Teacher: Samilou Smith

2nd Place Griffin Kidd Horace Mann Elementary Duncan Teacher: Kendra Woods

882 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Drawing Contest Winners Second

1st Place: Janessa Chastain Maryetta School Stilwell Teacher: Samilou Smith 2nd Place Austin Cox Maryetta School Stilwell Teacher: Samilou Smith

2nd Place Thomas Buchanan Clara Reynolds Elementary Harrah

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 883 Collage Contest Winners Third

1st Place Karlie Jo Stanley Maryetta School, Stilwell Teacher: Samilou Smith

2nd Place Huan (Tristan) Nguyen Bishop John Carroll School Oklahoma City Teacher: Mary Beth Hoffman

884 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Collage Contest Winners Fourth

1st Place Marco Betancourt McKinley School, Tulsa Teacher: Carolyn Painter

2nd Place Joe Hendrix Shiloh Christian School Tahlequah Teacher: Mollie Goosman

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 885 Collage Contest Winners Fifth

1st Place Jenna Dunn Fisher Elementary Oklahoma City Teacher: Teresa Potter

2nd Place Megan Hatfield McKinley School, Tulsa Teacher: Carolyn Painter

886 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Creative Writing Contest Winners Fifth

No Courts, No Justice, No Freedom “Life without liberty is like a body without spirit,” said Khalil Gibran. I think he means if we didn’t have liberty, we’d become one of the world’s worst countries. I believe we should have our court system to have justice and freedom because people need to have freedom, everyone deserves rights, and people can speak from what is true to them. I believe we need these to make our country the best country in the world. The laws are rules we should follow. People need to have freedom because it makes them at least a bit happy when they have to go to court. They can think that they have some chance of winning. It gives them something to have in mind. We’re innocent until we’re proven guilty. In other countries, they’re guilty until they’re proven innocent. The fifty white stars on our flag, which are our states, are free. Everyone deserves rights so that they can be one individual in the country. Some people do things they regret later on in life. They give you freedom and 1st Place rights to live how you want. They also give you your choice of job. Rights protect the freedom everyone has. Emily Stuart People can speak for what is true to them in court. It gives them the right to prove themselves innocent or guilty. They say what they think it was. It gives Angie Debo Elementary them the chance to show the judges what is the truth that they see. It is a Edmond symbol that our country is free. They deserve to be heard. I think we need these to make the United States of America one of the best Teacher: countries. We should have our court system because people need to have free- Tina Valentine dom, everybody deserves rights, and people can speak for what is true to them. People deserve to have freedom through speech. Our country is call the United States for a reason. Just like Khalil Gibran said, “Life without liberty is like a body without spirit.” No courts, no justice, no freedom.

2nd Place Nevaeh Sheriff Fisher Elementary Moore Public Schools (Cleveland County) Teacher: Teresa Potter To read Nevaeh’s poem, go to www.okbar.org/lawday.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 887 Creative Writing Contest Winners Sixth

No Courts, No Justice, No Freedom Oh how horrible it is to think about. The sorrow, the unfairness, the broken promise of our country. The United States wouldn’t be the way it is It would be a chain reaction; allow me to explain. In my painting, it shows first a mallet; a mallet represents the courts. The fire at the bottom represents what would happen without courts, justice or freedom. If we didn’t have courts, there would be no law, no rules. Everyone would steal, argue, fight; basically there would be a total anarchy! There would be no justice. Next, you see the blind-folded lady holding the scales. This represents justice. The same way with courts and fire; the fire destroys it, there would be no justice. If we didn’t have courts, we wouldn’t have justice. If we didn’t 1st Place have courts, we wouldn’t have justice. If we didn’t have justice, nothing would be fair. I mean, the world isn’t fair anyways, but maybe the guilty would be mistaken as innocent, and the innocent as guilty. Nothing would be fair, so Emma Banks there would be more chaos added to the anarchy caused by no courts. If Duncan Middle School there were no justice, there would be no freedom. Duncan After the lady, you see the Constitution. The Constitution is basically the foundation of America; I painted it being burned, along with the other sym- Teacher: bols. In the Constitution, it states that we have courts to ensure justice, Carrie Caldwell and justice to ensure freedom. The burning Constitution represents courts, justice and freedom all going away. Next to the Constitution, you see an eagle. The eagle represents freedom. I know it sounds harsh, but the eagle going down in flames represents no freedom. If there were no courts, there would be no justice. If there were no justice, there would be no freedom. If there were no freedom, people would be able to own other people. You would be able to own someone else, or they would be able to own you. Pretty much you couldn’t decide what you would do; someone else would do that for you. Or maybe visa versa. Basically, the fire represents the chaos that would take place. And last, the American flag, that is close to getting burned. The American Flag represents America, and what would happen if the flag touched the flames. It would get destroyed. If there were no courts, freedom, or justice, America would basically get destroyed. There would be chaos, and war, and all this other horrible stuff that America would be split in half. We have to keep ourselves from doing this. This could stand as a warning; this is what could happen if we lose our courts, our justice, and most importantly, our freedom.

2nd Place Sara Salomon St. Elizabeth Ann Seton School Edmond Teacher: Joan Krauss To read Sara’s poem, go to www.okbar.org/lawday.

888 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Creative Writing Contest Winners Seventh

No Courts, No Justice, No Freedom The majority of Americans do not realize how fortunate they are to live in a country with a fair judicial system. Many of the Middle East and North African countries have been battling for many years for an impartial judicial system like the one in the United States. Many citizens of other countries do not have this privilege. For example, Libya is just one of the countries fighting for a fair judicial system. In recent months, the country of Libya has been in turmoil. The reason for this turmoil is because of Gaddafi’s harsh and biased laws. Gaddafi wrote The Green Book; the book contained Gaddafi’s laws in which all Libyans had to abide by. The book allowed Gaddafi to carry out inhumane acts on people who disobeyed his laws. For instance, if anyone tried to start a political party he would execute them. When teachers taught about political education they had to teach from The Green Book. The teachers dare not say anything against the rules in the 1st Place book, for fear of being killed. These unruly laws were the reason for the Libyans overthrowing Gaddafi. Caroline Most Americans do not stop and think about life in other countries, like Libya, because we are so fortunate. Americans are so well-off because we have even- Sullivan handed courts and laws. Thanks to these laws we have rights that are guaran- teed by the Constitution and the Bill of Rights. Case in point, all Americans have Duncan Middle School the right to choose their religion without fear of being punished. In America, if you Duncan have been accused to have done something against the law and are being prose- cuted, you have the right to: (1) receive a written copy of the charge(s) that the Teacher: government has accused you of violating, (2) have a lawyer defend you, if you can- Haley Wilson not afford a lawyer, one will be appointed on your behalf, (3) the government has the burden of proof, (4) confront your accusers, (5) remain silent, (6) a trial by jury of your peers, and (7) unanimous verdict to be found guilty. In Libya if you are being accused of disobeying one of Gaddafi’s laws you will simply be executed or sent to prison. Libya and other countries are trying to achieve what Americans know as their everyday life. Libyans have protest- ed the harsh laws of Gaddafi and overthrown him. Gaddafi’s end of rein has partially accomplished Libya’s goal for a fair judicial system. Libya needs to implement a judicial system that is run by judges that are fair, impartial, and will follow the law. Once Libya has a fair minded judicial system, its country will be headed in a positive direction for the current generations and the ones to follow. The World has noticed what the United States has done for its people; and other countries are starting to follow America’s footsteps. Libya is just one country in North Africa and the Middle East that has realized that with no courts you have no justice and no freedom. Democracy is an obtainable goal for many in the world.

2nd Place Sidni Blalock Duncan Middle School, Duncan Teacher: Julie Leippe To read Sidni’s poem, go to www.okbar.org/lawday.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 889 Creative Writing Contest Winners Eighth

1st Place Sudden Death I remember the situation I’ve been going through like it was yesterday. It occurred Travis Nguyen many months ago. I was strolling in the streets on my way to the store because we ran out of food and I was starving. Then suddenly, I hear a shriek coming from Ardmore Middle School, around the corner. I ran quickly as I could to observe the problem. As I turn the Ardmore corner I hear another scream coming from one of the houses. I searched alert fully all over until I found the house. As I walked inside, I see the house all wrecked and Teacher: two dead bodies laying there on the floor. I was shocked and scared; the murderer Jelana Mosely could still be inside. So I ran outside but then I was spotted by a nearby neighbor. Her face showed fear, and she quickly pulled her phone out and started dialing the police. I walked toward her and shouted, “It’s not what you think!” but she kept backing up and replied, “Get away from me, I’m calling the cops!!” She then started to run in terror. I too ran as fast as I could home, I was scared and didn’t know what to do. But it was too late; the cops were arriving but I just kept running faster and faster home. I barely made it, but I closed the door, and started trying to catch my breath. My mother asked me, “What’s going on sweetie?” I tried to explain to her what had just happened, but my explanation was hard to comprehend because at the same time I was gasping for air. The doorbell rang and my mother opened it. They then charged at me, grabbed me, shoved me to the ground, and handcuffed me before I even had any time to react. As I was struggling to get up they dragged me to their car and my mother shouted, “Don’t take my boy away! He didn’t do anything wrong!”, but the police didn’t care to listen. They tried to force me into the backseats but I fought back fiercely to get away. As I was fighting back, one cop came from behind and shocked me with a tazer. As my vision got blurrier I fell straight to the ground. When I woke up I was locked up in a miniature room with bars. I was frightened because I didn’t know what they were going to do with me or what’s going to happen. A security guard then unlocked the bars and led me to a room, they were asking me questions and I answered them truthfully, then they whispered to each other but I couldn’t comprehend their words. Soon after that I was told that I was going to the courthouse in about a week, and they locked me up again. I was thinking to myself, “A week? In this cold, dirty, and miserable place?” I started to cry, tears running down my face. I was really tired and then started to drift off to sleep after a couple of hours. I woke up hours later and it was morning, I rubbed my eyes and looked around. In the corner I spotted a tray with some food, I hurried over to it and I started to eat. I was starving and their food isn’t that good but it’ll work. I laid there for hours with nothing to do and bored to death. Then finally they unlocked the doors and let me outside. It didn’t have much but at least I got more room to move around and fresh air to breathe. Soon after about half an hour, they took me inside again. While I was walking back to my cell, I saw other cells filled with prisoners. They looked all miserable and empty; I wonder if they were accused just like me. Days have passed by and I couldn’t determine what day it was, if it was Thursday or Friday, but it didn’t matter. All I wanted to do was get out of this place. I was filled with anticipation to get out, and then finally the day came when I go to court. I looked around and I see my family right behind me with worry and hope on their face that I’ll be released, while on my right I see people that were family and friends of the victims that died. They were all crying and depressed , and I kind of felt sad for their loss. When the case ended I don’t know why but I think they made a mistake and skipped me because I didn’t get to tell my side of the story. The judge just asked the witness what she saw and the jury and judge just found me guilty. The judge just asked the witness what she saw and the jury and judge just found me guilty. My mouth opened in unjust, I couldn’t believe they didn’t even give me a chance to speak my side of the story. I was cuffed and hauled away, but then a well dressed man, looks like a lawyer, stood up and 2nd Place announced,” I demand for evidence!” I don’t know why but I was relieved that he has said it because the judge has this mind changing face and told the guards to release me. He told me and my family to stay in the Sebastian Gomez courthouse until they finish searching the house for clues of fingerprint Sequoyah Middle School, of some sort. I thought it was going to take long but it didn’t. After an Edmond hour the results come in negative that I was the murderer, and that I was innocent. As I walked out a free man, I burst with joy. I was relieved Teacher: that I was on my way home. I couldn’t help but to imagine that I could’ve Tammy McManis still been in that cell for many years and imagine how our lives and nation would be like and how much terror and unjustness it would bring To read Sebastian’s poem, and cause if we didn’t have our judicial system. go to www.okbar.org/lawday.

890 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Visual Arts Contest Winners Sixth

1st Place Madison Tryzbiak Union 6th–7th Grade Center, Tulsa Teacher: Leslie Thornbrugh

Bailey Hooper Temple Middle School Temple Teacher: Terri Hooper

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 891 Visual Arts Contest Winners Seventh

1st Place Grace Rykard Sequoyah Middle School Edmond Teacher: Tammy McManis

2nd Place Sidni Blalock Duncan Middle School Duncan Teacher: Julie Leippe

892 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Visual Arts Contest Winners Eighth

1st Place Rachel Young Collinsville Middle School Collinsville Teacher: Janae Givens

2nd Place Haley Riley Duncan Middle School, Duncan Teacher: Paula Belcher

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 893 Creative Free for All Contest Winners Ninth

Without our courts, we can have neither justice, nor Freedom. Without our courts administrating justice properly and fairly, chaos would reign. Americans live in a civil and safe society, a free society. Freedom. Meaning to enjoy political and civil liberty, to live and prosper as we so choose. It rings across the nation, over the grassy hills, over the plains, deserts, the roaring oceans, and in the ears of other countries that envy its tune. We know the difference between right and wrong. We follow laws that are given to us, and our country abides by them. Without rules and guidelines, enforced by police and punished by our courts, chaos would reign. Guardians of our liberties and protectors of our individual rights as American citizens, we look to our courts for guidance. Without their guidance, though, chaos would continue to reign. Without knowledge of the future, our Constitution was deliberately and prudently written. Gratitude is owed to our forefathers who knew over two hundred years ago that our nation could not advance as a free society without a fair and balanced judicial system. For without 1st Place courts, there is no justice. Without justice, there is no freedom! Julia Drago Lawton High School Lawton Teacher: Andi Janoe

2nd Place Shawn Horne Lawton High School Lawton Teacher: Andi Janoe To read Shawn’s poem, go to www.okbar.org/lawday.

894 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Creative Free for All Contest Winners Tenth

1st Place Brittney Regier Oklahoma Bible Academy Enid Teacher: Charlotte Williams

2nd Place Elsa Mosely Oklahoma Bible Academy Enid Teacher: Charlotte Williams

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 895 Creative Free for All Contest Winners Eleventh

1st Place Zach Young Comanche High School Comanche Teacher: Arlyn Brantley

2nd Place Jason North Pawnee High School, Pawnee Teacher: Becky Beagle

896 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Creative Free for All Contest Winners Twelfth No Courts, No Justice, No Freedom One day, the courts were shut down. Americans were not bothered by this, at first. Most of them had voted for it, after all. It had seemed like such a good idea at the time. The courthouses were expensive to maintain, the buildings were unsightly, and it seemed as if they were doing nothing to stop crime. Americans assumed that if having a court system did not eliminate crime, nothing would. In the coming months, they would learn of the horrible mistake that they had made. Of course, America was not without any system of justice. There were many jails around the country in perfect working condition. Anyone caught breaking a law was immediately thrown in jail. This seemed perfect to most Americans, until it was put into practice. As there were no courts to determine one’s guilt, Habeas Corpus was completely revoked. Anyone suspected of breaking a law was sent to jail. This made some people nervous, but they remained calm, 1st Place assuring themselves that they would never break a law. However, many of them were soon proven wrong. Within one month, the amount of incarcerated people Patrick Bender doubled, solely from the amount of people who received speeding tickets. Soon, there was no room for all the arrested. Construction workers found Edmond Memorial themselves working around the clock to construct new jailhouses. While jails High School, Edmond were under construction, criminals were forced to live in abandoned buildings. Some people wondered why the amount of prisoners never seemed to increase. Teacher: They realized the answer much too late to do anything to prevent it. As there Saxon Vandagriff were no courts, no one could negotiate parole. Any offense, even a speeding ticket, was a life-sentence. The non-speeding section of the population was not very concerned, as they saw a safer future. They believed that with no reckless drivers on the road, the rest of their lives would be far less dangerous. However, they were sorely mistaken. Many criminals saw the lack of courts as an opportunity. Although they knew that the police were still functioning, they still believed that they could get away with any crime that they wanted. Even if they were arrested, every crime had the same punishment. Even when in jail, they could still commit these same crimes without further punishment, as they would already be in jail. Due to this mindset, crime spread rapidly across America. The police were simple too busy to catch all of them. Many crimes went unreported, unsolved, or even unnoticed. America’s president, upon seeing this chain of events, saw only one possible solution. He gave the order to put the United States of America under martial law. He ordered the National Guard to spread across the entire country, imposing order on its citizens. As crime was rampant, the National Guard had to impose strict regulations. A curfew was put in place for the entire country, and the punishment for violation was, naturally, a life sentence in prison. Crime was almost completely eradicated, but Americans found themselves imprisoned in their own homes. Only now had every person begun to wonder what life would be like if the courts had remained. The citizens of America had voted for the removal of the court system out of hope that it would create a better country. Instead, they unknowingly created a country where crime was rampant, and even the most law-abiding citizens were nervous about being punished for crimes. The solution to this, martial law, left the remaining citizens oppressed and restricted. Whether they were prisoners behind bars, or in their own houses, Americans, by abolishing courts, had no freedom.

2nd Place Brooke McCullough Oklahoma Bible Academy, Enid Teacher: Charlotte Williams

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 897 LAW DAY 2012 County Law Day Chairpersons

Adair Cleveland Greer Logan Joe Dean Adair Holly Iker Judge Danny R. Sheri Mueller 918-696-2172 405-701-1949 Deaver 405-282-7677 580-782-4020 Alfalfa Coal Marshall Marcus Jungman Trae Gray Harmon Millicent Watson 580-596-3591 580-927-2314 Judge Mike Warren 580-795-7328 580-688-2553 Atoka Comanche Mayes Shannon Reasor Mark Stoneman Jackson David “Scooter” 580-889-3343 580-585-4494 Ryan Howard DuVall 580-481-0766 918-825-4558 Beaver Cotton Todd Trippet Kathleen Flanagan Johnston McClain 580-625-4597 580-512-1332 Dustin Rowe Lee Shilling 580-371-9561 405-527-0332 Beckham Craig Cade Harris Courtney Wolin Kay McCurtain 580-225-5777 918-256-7511 Pat Collogan Kevin Sain 580-765-9967 580-208-2880 Bryan Creek Melissa Middleton Sheri Eastham Kingfisher Murray 800-522-6170 918-512-8560 Molly Neuman Timothy Lance Custer 405-853-7101 580-622-2347 Bryan Carissa King Jimmy Speed Kingfisher Muskogee 580-323-3964 918-924-5291 Katy Schneiter Lenora Gulley Dewey 405-375-4165 918-682-1223 Canadian Judge Rick Bozarth J.P. Jordan Kiowa Noble 580-328-5521 405-222-8721 Tom Talley Judge Dan Allen Garfield 580-726-2251 580-336-2433 Carter Kaleb Hennigh Todd Hicks LeFlore Nowata 580-234-4334 580-223-5800 Jolyn Belk Linda Gambill- Garfield 918-647-8681 Branstetter Cherokee Robert Faulk 918-273-2200 B.J Baker Lincoln 580-249-9100 Sarah L. Okfuskee Choctaw Garvin Soderstrom-Bridge Don McFarland John Frank Wolf III Russell Tacheira 405-258-1334 918-623-2717 580-326-6427 405-238-2368 Logan Oklahoma Cimarron Grant William Wheeler Richard Vreeland Stan Manske Judge Jack 405-260-3255 405-488-6821 580-544-2571 Hammontree 580-395-2258

898 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Oklahoma Payne Roger Mills Tillman Lauren Barghols Robyn Baker Judge Pat Versteeg Bradford Benson Hanna 405-533-3045 580-497-3359 580-335-3710 405-235-9621 Pittsburg Rogers Tulsa Okmulgee Shiloh Renes Mark Solano Rachel Gusman Lou Ann Moudy 918-302-3700 918-341-2131 918-582-6900 918-652-3328 Pittsburg Seminole Washington Osage Matt Patterson Judge Tim Olsen Jim Elias Bransford 918-302-3700 405-257-3386 918-336-4132 Shoemake Pontotoc Seminole Washita 918-287-1812 Christine Pappas Jack Cadenhead Judge Chris Kelly Ottawa 580-559-5640 405-382-6341 580-832-3144 John Weedn Pottawatomie Sequoyah Woods 918-542-3306 George Wright Kent Ghahremani Westline Ritter Ottawa 405-275-0700 918-775-5900 580-596-3109 Becky Baird Pushmataha Stephens Woodward 918-542-5547 Charlie M. Rowland Jamie Linzman Justin Eilers Pawnee 580-298-2525 580-658-1447 580-254-5556 Patrick Pickerill Pushmataha Texas 918-358-2244 Sean Huffman Cory Hicks 580-298-5082 580-338-6503

NOTICE OF PUBLIC HEARING ON A PROPOSED CHANGE TO WORKERS’ COMPENSATION COURT RULE 23 (EYE IMPAIRMENT) ______

The Oklahoma Workers’ Compensation Court invites public input on a proposed change to Court Rule 23 to clarify that eye impairment is to be evaluated based on “uncorrected” vision as opposed to “corrected” vision. Determination of impairment to vision after an intraocular lens is implanted remains unchanged. The Court will hold a public hearing per 85 O.S., Section 303(D) on Wednesday, April 25, 2012 at 1:30 p.m. at the Workers’ Compensation Court’s Tulsa location, 210 Kerr State Office Building, 440 South Houston, Tulsa, Oklahoma. All comments and suggested revisions (including a brief statement of need and proposed wording) should be submitted in writing to Judge Owen T. Evans, Workers’ Compensation Court, 210 Kerr State Office Building, 440 South Houston, Tulsa, Oklahoma 74127 or to Tish Sommer, Special Counsel, Workers’ Compensation Court, 1915 North Stiles Avenue, Oklahoma City, Oklahoma 73105; or sent electronically to [email protected]. Comments will be accepted by the Court through April 25, 2012. Copies of the proposed rules change are available for viewing at the Workers’ Compensation Court’s offices in Oklahoma City and Tulsa. The proposed change also is available online at: www.owcc.state.ok.us/Whats_new.htm

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 899 900 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 LAW DAY 2012 County Bar Association Activities

H Beaver County Bar Association H Cimarron County Bar Association The Beaver County Bar Association will The Cimarron County Bar Association will participate in the Ask A Lawyer program in participate in the Ask A Lawyer program in conjunction with the statewide campaign to conjunction with the statewide campaign to answer legal questions by phone. answer legal questions by phone. H Bryan County Bar Association H Cleveland County Bar Association The Bryan County Bar Association will par- The Cleveland County Bar Association will ticipate in the Ask a Lawyer program in con- participate in the Ask A Lawyer program in junction with the statewide campaign to conjunction with the statewide campaign to answer legal questions by phone. answer legal questions by phone from 7 – 8 p.m. on Thursday, April 26. Additionally, various attorneys in Bryan County will visit with local high school stu- H Custer County Bar Association dents to discuss a variety of topics. Topics will The Custer County Bar Association will include child support/family law issues, participate in the Ask A Lawyer program in criminal matters and economic/government conjunction with the statewide campaign to matters. answer legal questions by phone. Legal H Canadian County Bar Association questions will be accepted from 7 – 8 p.m. on Thursday, April 26. Canadian County will hold its annual Law Day activities on April 26 and 27. On April 26, H Garvin County Bar Association both the Canadian County Courthouse and The Garvin County Bar Association will the Gary E. Miller - Children’s Justice Center participate in the Ask A Lawyer program in will have open houses from noon to 2 p.m. conjunction with the statewide campaign to In addition, members of the Canadian answer legal questions by phone. County Bar Association will participate in the H Grant County Bar Association Ask A Lawyer program in conjunction with the statewide campaign to answer legal ques- The Grant County Bar Association will tions by phone. Members will be participating participate in the Ask a Lawyer program from the offices of the Denton Law Firm in in conjunction with the statewide campaign Mustang from 6 - 8 p.m. to answer legal questions by phone from 7 – 8 p.m. on April 26. Finally, several members of the association will be visiting local high schools to talk with H Jackson County Bar Association seniors regarding their rights and responsibili- The Jackson County Bar Association will ties upon turning 18. participate in the Ask A Lawyer program in conjunction with the statewide campaign to answer legal questions by phone.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 901 H Kingfisher County Bar Association H Okfuskee County Bar Association The Kingfisher County Bar Association will The Okfuskee County Bar Association will participate in the Ask A Lawyer program in participate in the Ask A Lawyer program in conjunction with the statewide campaign to conjunction with the statewide campaign to answer legal questions by phone. answer legal questions by phone from 7 – 8 p.m. on Thursday, April 26. H LeFlore County Bar Association H Oklahoma County Bar Association The LeFlore County Bar Association will kick off Law Day events on the morning of • Law Day Luncheon – May 1, Skirvin April 26. The first event will be a courthouse Hotel Grand Ballroom tour for kids attending Poteau schools in The Oklahoma County Bar Association is grades 5-7. The association will be rotating sponsoring the luncheon this year featuring kids through at the same time to participate in Dean Valerie K. Couch, former U.S. Magis- a mock trial where Judge Sullivan will pre- trate Judge for the Western District of Okla- side. That evening at 7 p.m., the association homa. The Journal Record will present this will participate in the Ask A Lawyer program year’s Journal Record Award as well as rec- in conjunction with the statewide campaign to ognize the “Leadership in Law” Award answer legal questions by phone. recipients. The Liberty Bell Award and the On May 1, the association will show To Kill a Howard K. Berry Sr. Award will also be Mockingbird to Poteau High School students. presented at this year’s Law Day Lun- Following the movie, Judge Singer will lead a cheon. The centerpiece stuffed animals will panel discussion highlighting the Law Day be donated to the Oklahoma County Sher- theme, “No Courts, No Justice, No Freedom.” iff’s Office. Tickets are available by calling High school students will then be invited to the OCBA at 405-236-8421. view the judges on the bench. During the Law • Ask A Lawyer Program – April 26 at Day festivities, Judge Knight will present the OETA 2012 Quiz Bowl trophies to the winning schools and students. Volunteers will be handling phone calls from 8:45 a.m. to 9 p.m. Curtis Thomas will H Lincoln County Bar Association be chairing this subcommittee and volun- Lincoln County will hold its Law Day activ- teers may sign up by going on the OCBA ities May 4. The annual Law Day picnic will website at www.okcbar.org or by calling the take place at 6 p.m. at the Chandler Senior bar office at 405-236-8421. Citizens Center. • COALA Student Program H Logan County Bar Association The Central Oklahoma Association of Legal The Logan County Bar Association will par- Assistants (COALA) will be sponsoring ticipate in the Ask A Lawyer program in con- high school and Legal Assistance Program junction with the statewide campaign to students who will tour the Oklahoma answer legal questions by phone. County Courthouse and speak with various judges in the morning. Students will then H Mayes County Bar Association attend the Law Day Luncheon. The Mayes County Bar Association will be • Douglass High School Moot Court Team participating in the statewide Ask A Lawyer program by answering phone calls from the The OCBA Douglass High School Task Mayes County community from 7 – 8 p.m. on Force will sponsor the moot court team April 26. members at the Law Day Luncheon where they will be recognized for their outstand- H Muskogee County Bar Association ing efforts this year. The Muskogee County Bar Association will • Civic Speakers participate in the Ask A Lawyer program in The OCBA Law Day Committee is provid- conjunction with the statewide campaign to ing lists of speakers at various civic clubs answer legal questions by phone. and other venues in Oklahoma County. These groups have been contacted in an

902 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 attempt to provide legal speakers during in conjunction with the statewide campaign to the Law Day week. answer legal questions by phone from 6 – 9 p.m. on April 26. The event will take place at Lawyers in the Library • the offices of Dennis & Brannam. The Oklahoma County Law Library is H Rogers County Bar Association working with attorneys to provide one-on- one question and answer sessions at the The Rogers County Bar Association will Downtown Metropolitan Library on April participate in the Ask A Lawyer program in 30. This will take place from 5-7:30 p.m. conjunction with the statewide campaign to answer legal questions by phone. H Payne County Bar Association H Seminole County Bar Association The Payne County Bar Association has planned several events for Law Day. On April To open Law Week celebrations, several of 30, the association will hold its annual Payne Seminole County’s young lawyers will speak County Law Day banquet, where Judge to middle school students about the legal pro- Jerome A. Holmes, U.S. 10th Circuit Court fession. Students will hear from young law- of Appeals, will be the guest speaker. Judge yers from both the District Attorney’s Office Holmes will speak on the importance of the and the criminal defense bar. Seminole Coun- independence of the judiciary and the rule of ty will also participate in the Ask A Lawyer law. The association will participate in the Ask program in conjunction with the statewide A Lawyer program in conjunction with the campaign to answer legal questions by phone. statewide campaign to answer legal questions The association will hold its annual Law by phone. The Payne County Bar will partici- Day activities on May 3. There will be CLE pate in a face-to-face Ask A Lawyer program beginning at 8:30 a.m. in the Seminole County at the Stillwater Public Library on May 2. On Courthouse in Wewoka. At noon, a Law Day May 3, Judge Phillip C. Corley of the Payne luncheon will be held at the Rudolph Har- County District Court will preside over an grave Community Center. Several Supreme Honor Docket to recognize the winners of the Court justices are expected to attend. OBA local Payne County Law Day Contest. On President Cathy Christensen will be the fea- May 14, the PCBA will hold its annual bowl- tured speaker. ing outing at the Frontier Lanes bowling alley in Stillwater. H Sequoyah County Bar Association H Pontotoc County Bar Association The Sequoyah County Bar Association will participate in the Ask A Lawyer program in The Pontotoc County Bar Association is conjunction with the statewide campaign to planning two events. First, the association will answer legal questions by phone. work with East Central University’s ABA- approved legal studies program to present a H Tulsa County Bar Association Law Day program on Tuesday, April 24. All •Naturalization Ceremony – Wednesday, panels will be held in the Estep Room in the April 11 University Center on the ECU campus. Panels will be: Legal Ethics, 9-10 a.m.; Professions in As the kick-off event for Tulsa County’s the Law, 10-11 a.m.; Law and Order, 11-12 Law Week, the TCBA sponsored a natural- noon; Mentoring Lunch with the entire Ponto- ization ceremony April 11 at the U.S. Dis- toc County Bar, 12-1:15 p.m.; and Career trict Court for the Northern District of Advice from Recent Graduates, 1:15-2:15 p.m. Oklahoma. Approximately 45 new citizens All are welcome to attend this event at no from 25 different countries were sworn in cost. Lunch reservations are appreciated. In during the ceremony, one of the most addition, the association will participate in the rewarding experiences welcoming new citi- Ask A Lawyer program in conjunction with zens to the United States of America. This the statewide campaign to answer legal ques- event was a great reminder of how fortu- tions by phone April 26 beginning at 7 p.m. nate we are to be citizens of this great nation and great start to celebrating this H Pushmataha County Bar Association year’s Law Week theme “No Courts, No Justice, No Freedom.” The Pushmataha County Bar Association will participate in the Ask A Lawyer program

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 903 • Lawyers in the Library – Tuesday, April 24 ed to include elementary, middle and high Last year’s event was such a success that school students at Carnegie Elementary, we have expanded our service locations to Lakeside, Thoreau Demonstration Academy include the Tulsa County Law Library, Ken- and Owasso. For more information as to dall-Whittier Library, Rudisill Regional exact dates, times and scope of presentation, Library and Martin Regional Library. Span- please contact Rachel Gusman at 918-359- ish and English speaking attorneys will be 6600 or [email protected]. present at Kendall-Whittier Library and • Law Day Luncheon Banquet – Friday, Martin Regional Library. For more informa- April 27 tion or to volunteer please contact We are very pleased that the Hyatt Hotel Kimberly Moore-Waite at 918-295-9433 located at 100 E. Second St. is hosting this or [email protected]. year’s banquet again. The keynote speaker • Community Law Day Fair – Wednesday, for the luncheon is Craig Cooley, staff attor- April 25 ney with the Innocence Project. Seating for Tulsa-area charitable and legal services the luncheon will begin at 11:30 a.m. with organizations will gather together at Com- lunch served at noon. For more information munity Care College located at 4242 S. about seating, purchasing tickets or other Sheridan to share and inform the public of questions please visit www.tulsabar.com or all the services, programs and opportunities contact Kevin Cousins at 918-584-5243 or these organizations have to offer. Participat- [email protected]. ing organizations include Legal Aid of • Student Poster/Poetry/Writing/Art Contest Oklahoma Inc., CCC Paralegal Studies, and Coloring Contest Awards Banquet – Credit Counseling Centers of Oklahoma Monday, April 30 Inc., Tulsa CASA Inc., Tulsa County Bar The student winners of this year’s contests Association Lawyer Referral Service and will be honored with their awards at a many more. This year’s fair will also fea- small reception hosted by the TCBA/TCBF ture Tulsa County Special Judge Millie Law Week Committee at the Tulsa County Otey’s presentation on “What Pro Se Liti- Bar Center at 1446 S. Boston Ave. Students gants can expect in Tulsa County Small of all ages from across Tulsa County Claims Actions and Landlord/Tenant entered art projects honoring and reflecting Claims.” Come join us for a day of commu- this year’s theme of “No Courts, No Justice, nity. The fair will be held from 11 a.m. to 2 No Freedom.” These wonderful projects p.m. For additional information please con- will be displayed at the Tulsa County tact Amber Peckio-Garrett at 918-895-7216 Courthouse in the Jury Assembly Room or [email protected]. from April 10 to April 29. Come see the • Ask A Lawyer – Thursday, April 26 amazing talent of Tulsa County students! Tulsa’s participation in Ask A Lawyer will H Wagoner County Bar Association take place from 9 a.m. to 9 p.m. at OETA The Wagoner County Bar Association will studios on the campus of OSU Tulsa. Many participate in the Ask A Lawyer program in attorneys are needed to staff the all-day conjunction with the statewide campaign to event to ensure we can answer all calls and answer legal questions by phone. provide this great service to the community. To sign up for a two-hour shift or for H Washington County Bar Association additional information please contact The Washington County Bar Association Dan Crawford at 918-660-0400 or will participate in the Ask A Lawyer program [email protected]. in conjunction with the statewide campaign to • Legal Civics in the School answer legal questions by phone. Under the direction of Judge Daman H Woodward County Bar Association Cantrell, multiple events of various types are being planned, including mock trials, The Woodward County Bar Association will visits to the courthouse, roundtable discus- participate in the Ask A Lawyer program in sions of issues facing young people, and conjunction with the statewide campaign to youth court presentations. This year’s Legal answer legal questions by phone. Civics in the School program will be expand-

904 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 You are not alone.

Men Helping Men Women Helping Women Oklahoma City • May 3, 2012 Oklahoma City • May 10, 2012 Time - 5:30-7 p.m. Time - 5:30-7 p.m. Location Location The Oil Center – West Building The Oil Center – West Building 2601 NW Expressway, Suite 108W 2601 NW Expressway, Suite 108W Oklahoma City, OK 73112 Oklahoma City, OK 73112

Tulsa • April 26, 2011 Tulsa • May 3, 2012 Time - 5:30-7 p.m. Time - 5:30-7 p.m. Location Location The University of Tulsa College of Law The University of Tulsa College of Law 3120 East 4th Place, JRH 205 3120 East 4th Place, JRH 205 Tulsa, OK 74104 Tulsa, OK 74104 Food and drink will be provided! Meetings are free and open to OBA members. Reservations are preferred (we want to have enough space and food for all.) For further information and to reserve your spot, please e-mail [email protected]. LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 905 LAW DAY 2012

OBA President Cathy Christensen (right) and OBA Law Day Committee Chair Tina Izadi witness as Chief Justice Steven Taylor signs the Law Day directive.

906 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 907 908 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 909 Legal Aid Services of Oklahoma Inc. presents A SPRING SEMINAR: EVERYTHING BUT THE KITCHEN SINK

A Seminar for Volunteer Attorneys

Tuesday, May 1, 2012 Conference Center, OSU Tulsa, 700 North Greenwood, Room 150 MCLE Credit of 7 Hours

FREE for Attorneys Actively Serving on a Pro Bono Panel To register, go to: www.probono.net/ok

AGENDA

8:30 a.m. Registration

9 – 9:50 “It’s As If It Never Happened…Or Is It? Expunging Your Adult Client’s Criminal Records” by Jimmy Bunn, Oklahoma State Bureau of Investigation

9:50 – 10:05 BREAK

10:05 – 10:55 “The Alphabet Soup of Special Education” by Adrienne Watt, Legal Aid Services of Oklahoma Inc.

10:55 – 11:10 BREAK

11:10 – 12 “What To Do When Your Client’s Bank Account or Wages Have Been Garnished” by John Kerr, Legal Aid Services of Oklahoma Inc.

12 –1:15 LUNCH (On your Own)

1:15 – 2:05 “Creative Recipes in Family Law: They’ve Added What?” by Julie Goree, Eric Hallett, and Sara Cherry, Legal Aid Services of Oklahoma Inc.

2:05 – 2:55 “Unemployment Procedure” by John Miley, General Counsel, Oklahoma Employment Security Commission

2:55 – 3:15 BREAK

3:15 – 4:05 “Landlord-Tenant Basics: Defending Evictions” by Judge Millie Otey, Tulsa County District Court, and Kimberly Moore-Waite, Legal Aid Services of Oklahoma Inc.

4:05 – 5 “How I’d Like Evidence Presented in My Court” by Judge Millie Otey, Tulsa County District Court, Judge Doris Fransein, Tulsa County District Court, and Judge Terry Bitting, Tulsa County District Court

910 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 SCHOLARLY ARTICLE

Liability Insurance: Membership Has Its Privileges By Philip R. Bruce and Paul M. Kolker

overnor Fallin recently signed a new bill into law that limits the types of damages plaintiff-motorists may recover if they fail to comply with the state’s compulsory insur- G 1 ance law. This type of law is commonly referred to as “no pay, no play” legislation. A growing number of states, including Alaska,2 California,3 Iowa,4 Kansas,5 Louisiana,6 Michigan,7 New Jersey,8 North Dakota9 and Oregon,10 have enacted similar statutes. The policy rationale for these statutes is obvious: motorists should obtain insurance before getting behind the wheel. Oklahoma’s newly enacted law contains three main parts: 1) the general rule, 2) exceptions to the general rule, and 3) who and when a party may assert the defense. This article briefly summarizes each part below and compares Oklahoma’s law to the similar “no pay, no play” statutes in other jurisdictions.

THE GENERAL RULE damages when the tortfeasor only acts reck- lessly.14 On the one hand, the law may limit Under the new law, if a plaintiff-motorist Category I punitive damages because there is lacks liability insurance on his vehicle, he may no facial exception to the law for reckless acts still sue, but his recovery will be limited to of the tortfeasor, and the plain language of the “medical costs, property damage and lost statute limits the “maximum amount” recover- income.”11 By contrast, the prior law allowed all able to medical costs, property damage and motorists — including uninsured ones — to also lost income.15 On the other hand, the law does recover pain and suffering damages.12 The new not specifically limit — or even mention — law does not expressly limit recovery for other punitive damages. Therefore, the courts may forms of non-economic damages, such as disfig- conclude the new law only limits actual dam- urement, loss of enjoyment of life or loss of con- ages and a plaintiff may still receive punitive sortium. However, the law may limit those dam- damages but only in the amount of the newly ages as well because it does not equivocally limited actual damages or $100,000, which is enumerate these forms of recovery. the amount allowed for Category I punitive As discussed below, the new law does not damages. 13 apply when the tortfeasor acts intentionally. EXCEPTIONS Thus, the statute does not limit punitive damages for intentional torts. But it is unclear Even if a claimant lacks automobile insur- whether the law limits Category I punitive ance at the time of an accident, he may still

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 911 pursue all available legal remedies (including federal income tax return.”28 Although federal pain and suffering) if one of the following income tax returns allow different types of seven exceptions applies: dependents beside children, this exception is arguably limited to children-dependents First, an uninsured claimant may still recover because the statute uses the words “parent or all damages if a driver under the influence of parents.”29 drugs or alcohol injures him.16 For this exception to apply, the intoxicated driver must either Finally, the law provides a “grace” period be convicted of or plead guilty to driving that applies only if specific criteria are satis- under the influence.17 If the intoxicated driver fied.30 The grace period would only apply if 1) dies as a result of the accident, the claimant the claimant had a valid insurance policy that must prove by a preponderance of the evidence was terminated or nonrenewed for “failure to that the tortfeasor was intoxicated.18 Alaska, pay the premium,” and 2) the insurer failed to California, Kansas, Louisiana, New Jersey and send notice to the claimant’s last known address Oregon all have similar exceptions.19 at least 30 days prior to the accident.31 Notably, if the insurance policy was cancelled or nonre- Second, an uninsured passenger of a vehicle is newed for some other reason besides “failure exempt, but only if the passenger did not own to pay the premium,” the claimant may not be the vehicle that was involved in the accident.20 able to assert this exception even if notice was Third, an uninsured claimant never provided.32 is exempt for injuries caused ASSERTING THE LIMITA- by an automobile accident if he TION: WHO AND WHEN was not physically located within the motor vehicle Until the courts Each person “involved in the involved in the accident.21 For accident” and “found liable” example, an uninsured pedes- sort that issue out, for the claimant’s injuries may trian is exempt if struck by a assert the limitation on dam- vehicle. however, practitioners ages.33 Consequently, it appears the defense may not be assert- Fourth, this legislation does would be wise to assert ed until after there is a finding not apply to any wrongful 22 of liability. The precondition of death claim. Therefore, an the limitation as an fault is odd, inasmuch as a estate may sue for the wrong- violation of the compulsory ful death of anyone injured in affirmative defense. liability law occurs well before an automobile accident, even if the accident. none of the exceptions would otherwise apply had the claimant survived the Louisiana and Oregon are accident.23 the only other jurisdictions that require the defendant to “assert” the limitation.34 In fact, Fifth, an uninsured claimant may still recover Louisiana’s statute expressly states that the all damages if the other driver in the accident: limitation is an affirmative defense and requires a) intentionally caused the accident, b) left the a defendant to assert it in the defendant’s first scene of the accident or c) was committing a 35 24 responsive pleading. On its face, Oklahoma’s felony at the time of the accident. Unless oth- statute does not go that far. As such, there may erwise specified by statute, a felony is gener- be an open issue regarding whether an Okla- ally defined as a crime that is punishable by at 25 homa litigant must also specifically assert the least one year in prison. Thus, if the other limitation as an affirmative defense in an driver is speeding or committing other misde- answer for the limitation to apply. meanor traffic violations, this exception will not apply. All the other states with “no pay, no Until the courts sort that issue out, however, play” statutes have similar exceptions.26 Accord- practitioners would be wise to assert the limi- ingly, case law from those states may be helpful tation as an affirmative defense. Oregon’s law when addressing any issues here. may be particularly instructive on this point. Like Oklahoma, Oregon requires defendants to Sixth, minors can always recover full dam- prove that the plaintiff did not have insur- ages, even if the child’s parents were uninsured 36 27 ance. Further, Oregon does not specifically motorists. To qualify, the parent or parents name the limitation as an affirmative defense. must claim the child “as a dependent on the

912 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Yet Oregon case law makes it clear that the where a product defect caused a car wreck.46 limitation is, in fact, an affirmative defense.37 The court reasoned that it would not meet the policy aims of the “no pay, no play” legislation But, while instructive, there may be some if it applied the limitation.47 Intuitively, this limitations on the applicability of Oregon’s makes sense because the “no pay, no play” leg- statute. Unlike Oklahoma’s law, Oregon’s stat- islation seeks to encourage drivers to take ute only generally requires a party to assert the responsibility; it does not concern the corpo- limitation; it does not require a party to assert rate defendants at the heart of product liability the limitation after a finding of liability. There- cases. Oklahoma courts, however, may dis- fore, the applicability of Oregon law may be agree, especially if an uninsured plaintiff limited. injures another person in an accident caused Because the responsible party must assert by a defective product. this limitation, it stands to reason that the liable A final notable issue is whether Oklahoma’s party carries the burden of proof in this regard. “no pay, no play” statute will apply to foreign One Louisiana case specifically held that the uninsured motorists. In Atkinson v. Boyne, a defendant asserting the limitation, as an affir- Louisiana federal court found that the “no pay, mative defense, must prove by a preponder- no play” statute, in conjunction with Louisi- ance of the evidence that the plaintiff-motorist ana’s compulsory insurance law, did not apply did not have insurance.38 Thus, Louisiana case to foreign uninsured motorists if the foreign law may be helpful to those practitioners fac- motorists’ vehicles were not registered in Loui- ing issues about the sufficiency of evidence to siana.48 Whether Oklahoma courts would refuse meet this burden. to extend Oklahoma’s “no pay, no play” statute Another curious aspect of the new law is that under similar circumstances is an open ques- it states a person must be “involved in the acci- tion. However, there is a strong argument that dent” to assert the limitation.39 This raises the the failure to apply the law would violate issue of whether a plaintiff, under the right Oklahoma public policy. This is true regardless circumstances, may avoid the limit on damages of whether a court applies the lex loci contractus by suing a non-involved owner of a vehicle for rule or the most significant relationship test.49 negligent entrustment. Simply put, the spirit and purpose of the law is to protect Oklahoma drivers, and an Oklahoma In one California case, Day v. City of Fontana, 40 defendant would be penalized merely because the court addressed a similar issue. There, the the claimant resided out-of-state. Moreover, plaintiff sued the city for creation of a danger- the foreign plaintiff would receive a benefit to ous condition on public property and for nui- which Oklahoma citizens are not entitled. sance when overgrown shrubbery prevented the tortfeasor from seeing the plaintiff’s vehi- Undoubtedly, other issues beyond the scope cle.41 The city asserted the “no pay, no play” of this article will arise.50 Practitioners should limitation, arguing that the court should broad- be aware of the similar laws and persuasive ly construe the statute.42 The plaintiff objected, case law from other jurisdictions. At the same contending that the statute only applied when time, however, attorneys should also under- a litigant’s insurance was personally implicat- stand that Oklahoma’s law is unique; it has ed in the lawsuit.43 In the end, the court held taken bits and pieces from other statutes, but it that the limitation still applied because the is certainly not patterned after any specific law. lawsuit was one “arising out of the operation Thus, the lawyers and judges here will have to or use of [a] motor vehicle.”44 use their own Oklahoma ingenuity to mold and interpret any ambiguities in the statute. Oklahoma courts may likely follow Fontana because Oklahoma’s statute contains very sim- 1. See 47 O.S. §7-116 (2011) (effective Nov. 1, 2011). ilar language.45 Further, both statutes have the 2. Alaska Stat. §09.65.320 (2004). 3. Cal. Civ. Code §3333.4 (1996). same general policy goal of incentivizing driv- 4. Iowa Code §321A.5 (2006). ers to buy car insurance. 5. Kan. Stat. §40-3130 (2011). 6. La. Rev. Stat. §32:866 (2007). Another issue that might arise under the new 7. Mich. Comp. Laws §500.3113 (1986). 8. N.J. Rev. Stat. §39:6A-4.5 (2003). law is whether it applies to product liability 9. N.D. Cent. Code §26.1-41-20 (2003). cases involving car accidents. Again, California 10. Or. Rev. Stat. §31.715 (1999). 11. 47 O.S. §7-116(A) (“[T]he maximum amount that a plaintiff or law may be instructive. There, one court held claimant may receive, if the plaintiff or claimant is not in compliance that the limitation did not apply to a case with the Compulsory Insurance Law, shall be limited to the amount of

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 913 medical costs, property damage, and lost income and shall not include 45. Compare Cal. Civ. Code §3333.4(a) (applying limitation to “any any award for pain and suffering.”). action to recover damages arising out of the operation or use of a 12. See, e.g., Edwards v. Chandler, 1957 OK 45, 308 P.2d 295. motor vehicle…”), with 47 O.S. §7-116(A) (applying limitation to “any 13. See 47 O.S. §7-116(B)(5). civil action involving the operation of a motor vehicle…”). 14. See 23 O.S. §9.1(B). 46. See Hodges v. Super. Ct., 980 P.2d 433 (Cal. 1999). 15. 47 O.S. §7-116(A). 47. Id. at 437. 16. 47 O.S. §7-116(B)(1). 48. See 178 F. Supp. 2d 670, 673 (E.D. La. 2001). 17. 47 O.S. §7-116(B)(1)(a). 49. See 15 O.S. §162 (contract choice of law rule); Bernal v. Charter 18. 47 O.S. §7-116(B)(1)(b). County Mut. Ins. Co., 2009 OK 24, ¶ 12, 209 P.3d 309, 315 (tort choice of 19. See Alaska Stat. §09.65.320(b)(1); Cal. Civ. Code §3333.4(c); Kan. law rule). Stat. §40-3130(b); La. Rev. Stat. §32:866(3)(a)(i); N.J. Rev. Stat. §39:6A- 50. One issue certainly beyond the scope of this article is the con- 4.5(b); Or. Rev. Stat. §31.715(5)(c). stitutionality of “no pay, no play” statutes. Suffice it to say, California, 20. 47 O.S. §7-116(B)(2). Louisiana, Michigan, and New Jersey have all addressed various con- 21. 47 O.S. §7-116(B)(3). stitutional issues, with each state upholding the constitutionality of 22. 47 O.S. §7-116(B)(4). their respective statutes. See Quackenbush v. Super. Ct., 70 Cal. Rptr. 2d 23. See id. 271 (Cal. Ct. App. 1997); Progressive Sec. Ins. Co. v. Foster, 711 So.2d 675 24. 47 O.S. §7-116(B)(5). (La. 1998); Gersten v. Blackwell, 314 N.W.2d 645 (Mich. Ct. App. 1982); 25. See 21 O.S. §9; 12 O.S. §2609. Caviglia v. Royal Tours of Am., 843 A.2d 125 (N.J. 2004); Lawson v. Hoke, 26. See Alaska Stat. §09.65.320 (felony, intentional tort and fleeing 119 P.3d 210 (Or. 2005). the scene); Cal. Civ. Code §3333.4 (felony); Iowa Code §613.20 (felony); Kan. Stat. §40-3130 (felony); La. Rev. Stat. §32:866 (felony, intentional tort, and fleeing the scene); Mich. Comp. Laws §500.3113 (intentional tort); N.J. Rev. Stat. §39:6A-4.5 (intentional tort); N.D. Cent. Code §26.1- About The AuthorS 41-20 (intentional tort); Or. Rev. Stat. §31.715 (felony). 27. 47 O.S. §7-116(B)(6). Philip R. Bruce primarily prac-

28. Id. 29. Id. tices in the areas of business law, 30. 47 O.S. §7-116(B)(7). employment law, insurance 31. Id. 32. Id. defense and general litigation at 33. 47 O.S. §7-116(C) (“Each person who is involved in the accident the Tulsa law firm of Savage, which is the basis for the action or claim by the plaintiff or claimant O’Donnell, Affeldt, Weintraub and who is found liable for damages to the plaintiff or claimant may assert the limitation of recovery provided for in subsection A of this & Johnson. He graduated from section, unless the provisions of subsection B of this section apply. The the University of Kentucky in motor vehicle liability insurer of the person asserting the limitation of 2008 and earned his J.D. from the recovery also may assert the limitation.”). 34. La. Rev. Stat. §32:866(B); Or. Rev. Stat. §§31.715(1)-(2). OU College of Law in 2011, 35. See La. Rev. Stat. §32:866(B); La. Code Civ. Proc. Art. 1005 where he served as the symposium and articles editor (2009). 36. Or. Rev. Stat. §§31.715(1)-(2). for the Oklahoma Law Review. 37. Lawson v. Hoke, 77 P.3d 1160, 1162 (Or. Ct. App. 2003). 38. Johnson v. Henderson, 899 So. 2d 626, 627-28 (La. Ct. App. 2005). 39. 47 O.S. §7-116(C). 40. 19 P.3d 1196 (Cal. 2001). Paul M. Kolker is a partner and shareholder at Pig- 41. Id. at 1199-200. nato, Cooper, Kolker & Roberson PC where he 42. See id. at 1198-99. 43. See id. at 1202. devotes 100 percent of his time to civil litigation. He 44. Id. is a 2000 graduate of the OU College of Law.

Oklahoma Bar Journal Editorial Calendar n August n October 2012 Family Law Opening a Law Practice Editor: Sandee Coogan Editor: Melissa DeLacerda n May [email protected] [email protected] Nonprofit Law Deadline: May 1, 2012 Deadline: May 1, 2012 Editor: Dietmar Caudle n September n November [email protected] Bar Convention Homeland Security Deadline: Jan. 1, 2012 Editor: Carol Manning Editor: Erin Means [email protected] Deadline: Aug. 1, 2012 n December Ethics & Professional If you would like to write an article on Responsibility Editor: Pandee Ramirez these topics, contact the editor. [email protected] Deadline: Aug. 1, 2012

914 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 SCHOLARLY ARTICLE

The Dodd-Frank Act and the Future of State Commercial Transactions Law By Alvin C. Harrell

INTRODUCTION he 2010 enactment of the Dodd-Frank Act1 has injected a whole new world (or several worlds, as noted below) of federal administrative law into many routine economic T 2 transactions. While this is a trend that has been underway for decades,3 the Dodd-Frank Act represents another leap in that direction, with implications for state law, lawyers, businesses and consumers.

Despite obvious similarities between our For at least 100 years, in fits and starts but sel- state and federal systems of law, there are also dom receding, this federal administrative state significant differences, and those differences has been expanding at the expense of state and have widened over the past 100 years. Among local law.8 In the area of consumer financial ser- other things, much of state law is either com- vices, this trend has accelerated since the late mon law or common law-based,4 including 1960s,9 with a major expansion since 2006,10 and basic elements of our traditional social compact took another quantum leap forward with the as embodied in civil procedure and the sub- Dodd-Frank Act11 and creation of the Bureau of stantive law of contracts, property and torts. Consumer Financial Protection (CFPB).12 These This system of laws and doctrines protects 2010 changes (generally effective July 21, 201113) party autonomy, property and personal rights, are likely to have significant, practical implica- and private remedies. In combination with tions, not only for consumer and commercial constitutional concepts of federalism, due pro- transactions law, the industry, and consumers, cess, individual rights and limited govern- but also for the legal profession and the future ment,5 this has provided Americans with a of state laws, agencies and courts. nearly unique state law environment for pri- DIFFERENT LAWS, DIFFERENT WORLDS vate commercial and consumer transactions, including, e.g., an emphasis on custom, usage, The New Non-Uniformity private agreements, and judicial remedies.6 Increasingly, private parties, issues, and In contrast, federal law (at least for commer- transactions in the United States are subject to cial and consumer transactions) is largely and significantly different systems of rules, depend- increasingly administrative law, typically involving on whether they are operating primarily ing a detailed and comprehensive normative under state law or within the direct jurisdiction structure with extensive public mandates admin- of a federal administrative agency. As the latter istered by an authoritative regulatory agency.7 jurisdiction has expanded it has become more

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 915 difficult to avoid, but lawyers and other pri- while the resulting CFPB jurisdiction is clearly vate parties whose daily activities traditionally broad, it is not unlimited, and this may allow have fallen outside its borders may be slow to transactions to be structured in ways that react or even unaware of these changes.14 As account for that jurisdictional reach. noted here, the Dodd-Frank Act accelerates The obvious example is a business plan this trend. As a consequence, as discussed designed to avoid consumer financial services below (and despite the nationwide uniformity transactions. While not all of the enumerated that is achieved by federal law), lawyers, con- consumer laws are limited to consumer trans- sumers, creditors, merchants and other market actions,23 many are; this means that a business participants may find themselves in very dif- plan limited to commercial credit transactions ferent legal worlds, depending on how their should be largely outside the scope of the transaction is structured.15 CFPA and the CFPB, and perhaps governed Door Number One – CFPB Supervision primarily by traditional state laws. Similarly, the focus of the enumerated consumer laws Behind this door lies the new legal world for (and therefore the CFPA and the CFPB) is non-depository “covered persons,” i.e., con- financial services transactions (with a focus on sumer financial services providers (and their credit); cash sales transactions (by a seller not customers), that engage in certain types of activ- affiliated with or referring customers to a ities and therefore fall within the direct supervi- creditor24) also should be significantly outside sory and examination authority of the CFPB.16 the scope of the CFPA and the CFPB.25 For some of these service providers (e.g., non- depository home mortgage loan originators), For those parties and transactions within the this is a significant reversal of fortune as com- scope of the enumerated consumer laws (and pared to prior law, taking them from a primarily the CFPB’s authority to curb unfair, deceptive state-regulated legal environment directly to the and abusive practices26), there is considerable world of comprehensive federal supervision, uncertainty, due to the broad, discretionary regulation and examination.17 (and in some ways unprecedented) authority of the CFPB.27 At the time of this writing prob- This reinforces (and codifies) recent, signifi- ably no one (at least outside the CFPB) can say cant changes in the home lending markets, for sure how this authority will be interpreted with consolidation and federalization of the and used.28 Obviously, some traditional prac- residential mortgage industry being among the tices, state laws and legal standards are newly most obvious. Already, a handful of federally- at risk.29 Participants in this world of enumer- regulated financial institutions plays a domi- ated federal laws and other consumer transac- nant role in originating home mortgage loans tions are likely to find at least some of their (supported by federal funding sources), and precepts challenged, and may find themselves this has been accompanied by an exodus of in a legal environment that is different from the private risk-capital and independent, local past in important ways. mortgage lenders, leaving the mortgage markets largely dependent on federal agencies and Door Number Three – State Law federally-supervised (and subsidized) funding Here, perhaps, is a surprise — both for those sources.18 This is a very different world (for who may be unaware they are entering doors lenders and borrowers alike) as compared to number one and two, and for those eager that traditional American home mortgage markets everyone else do so: Despite the quantum and lending transactions.19 leaps forward in the scope of federal adminis- Door Number Two – Enumerated Federal Laws trative law in recent decades (culminating, to date, in the Dodd-Frank Act), a significant Behind this second door lies a CFPB regula- range of transactions remains subject to tradi- tory authority that is broader (covering a wider tional state law legal principles.30 and seemingly comprehensive set of enumerated federal laws20), yet can be considered to Partly this is because the legal “marketplace” have less depth in the sense that CFPB exami- has spoken, and often favors traditional pri- nation authority may be limited (e.g., as regards vate transactions, state law, and judicial reme- small banks21) and the regulatory authority dies, to the extent they remain available. Two may be limited by the scope of the enumerated illustrations should suffice. First, despite the consumer laws (see, e.g., the scope provisions of extensive public and private statutory reme- the Truth in Lending Act (TILA)22). Moreover, dies available under federal consumer finan-

916 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 cial laws, such as the TILA, therefore will pass through much consumer-related litiga- door number two;42 still other tion is still conducted in state A remaining transactions will pass through court under traditional state door number three and be cov- laws (including contract, prop- important legal issue ered primarily by traditional erty, and tort law, state con- state laws and legal principles. sumer protection laws such as for all concerned is: Each of these transaction cate- the Uniform Consumer Credit gories will be subject to a very Code (U3C), and the UCC31). In how to determine which different legal environment. some of these cases, federal A remaining important legal law is a mere adjunct to the door the parties are issue for all concerned is: how underlying state causes of to determine which door the action.32 Partly this may reflect entering. parties are entering. This is plaintiffs’ preference for a likely to be a significant issue favorable judicial forum (i.e., for practitioners, businesses forum shopping). But partly it is also a reflec- and consumers in the years ahead, even more tion of the fact that state legal norms and rem- so than in the past. For example, the scope of edies often are more user-friendly, on both TILA has seemed to diminish in importance in sides of the transaction.33 recent years, as creditors came to appreciate Another example can be found in the context the litigation benefits of the TILA disclosures of check deposits and collections, involving the and embraced them almost across the board.43 relationship between Federal Reserve Board That may now change, if TILA under the CFPB (FRB) Regulation CC34 and UCC Articles 3 and is perceived to carry with it an increasingly 4.35 The scope of Regulation CC is broad as to onerous compliance burden.44 Thus, where pos- aspects of the check collection process,36 and it sible, it may become more important to con- clearly preempts state law such as the UCC as duct transactions (e.g., cash transactions and to any inconsistency.37 Yet, the overwhelming commercial loans) outside the scope of TILA, majority of the checking system case law is in order to avoid unnecessary legal and com- governed by the UCC,38 and this case law is pliance costs, risks, liabilities and other bur- extensive despite the diminishing role of such dens. The implications of this are discussed transactions.39 While all of this ultimately may below. change, as federal administrative law increas- IMPLICATIONS FOR STATE LAW ingly preempts the UCC,40 for now it demon- strates a preference for state law, transactions A long-standing benefit of our common law- and remedies on the part of many lawyers, based federalist system has been the ability of merchants, creditors and consumers. private parties to structure transactions in creative ways so as to fit within (or outside of) So, it is quite possible that such parties will applicable legal mandates.45 This task has desire to continue having their legal relations become increasingly difficult, and at the same governed primarily by state law, rather than time increasingly important, as federal admin- federal regulation. While this may not always istrative law has expanded these mandates in be possible, especially for consumers, to the recent years. This requires consideration of the extent that it is possible private transactions extent to which state laws (such as the UCC may be increasingly differentiated by whether and related laws) still apply in an age of seem- they are subject primarily to state or federal ingly comprehensive federal administrative law — e.g., according to the strata noted here: law and regulation.46 Some transactions (e.g., residential home mortgage loans), possibly aided by federal subsi- The UCC remains the foundational state dies or constrained by federal regulation, will commercial law governing personal property go through door number one and be limited to transactions47 and, of course, it has long been transactions with large entities pursuant to subject to extensive federal preemption48 (or comprehensive federal supervision;41 other incorporation49). But, as noted, and despite this transactions (e.g., vehicle loans) may be con- preemption, UCC law and issues have contin- ducted with consumers by a broader range of ued to play a predominant role in private entities, pursuant to federal consumer financial transactions (and litigation50). Thus, an impor- laws with a limited scope, such as TILA, and tant question is: How and to what extent will

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 917 this continue to be the case in our emerging ment of both commercial and consumer secu- 21st century legal environment? rity interests (although in some instances there are separate provisions for each64). If federal At this point, of course, the larger part of any agencies, such as the CFPB or the FTC,65 decide answer is necessarily limited to speculation (or to preempt parts of Article 9 Part 6 as to con- worse, pure guesswork), but that does not sumer transactions (or even more broadly), mean the exercise is irrelevant or useless. So, e.g., by issuing rules that designate certain pre- the following observations are offered. vailing practices as unfair, deceptive or abu- As noted, the focus of the CFPA and CFPB is sive,66 the spillover effects could affect commer- consumer protection,51 while the UCC governs cial transactions as well. The same can be said commercial as well as many consumer transac- for aspects of UCC Article 2 (governing sales of tions. Therefore, assuming Congress does not goods), even though the scope of the CFPB is decide to wholly preempt state commercial directed at financial transactions. laws, and assuming the CFPB does not branch Broadly speaking, then, personal property too far in that direction,52 many commercial transactions governed by the UCC Articles or transactions and issues should continue to be state laws directed at largely commercial trans- governed largely by state law including the actions, and especially those that already oper- UCC. This should include, e.g.: commercial sales ate in conjunction with existing federal agency of goods (UCC Article 2); commercial equip- law (e.g., UCC Articles 4A, 5, 7 and 8),67 should ment leases (Article 2A); negotiable instruments be mostly unaffected by the CFPA and related in commercial transactions (including promis- activities of the CFPB. The same should be true sory notes and drafts) (Articles 3 and 4);53 letters of commercial real estate transactions. Non- of credit (Article 5);54 documents of title (Article credit consumer transactions (e.g., sales of 7);55 investment securities (Article 8);56 and com- goods under UCC Article 2) may be similarly mercial personal property secured transactions unaffected, subject always, however, to the (and related: consignments; sales of accounts, possible designation of a practice as posing chattel paper, payment intangibles and promis- risks to consumers or being unfair, deceptive sory notes; agricultural lien priorities, etc.) or abusive.68 Commercial transactions under (Article 9).57 UCC Article 9 should continue to be governed Thus, parties limiting themselves to commer- by that law, again subject to the designation of cial-purpose transactions may have legal rela- a practice as posing risks to consumers or tionships largely outside the scope of CFPB being unfair, deceptive or abusive (and other jurisdiction and rules,58 thereby remaining potential spillover effects of federal rules within the scope of state laws including the directed at, e.g., Article 9 Part 6). But interested UCC and traditional federal agencies such as parties relying on these distinctions will need the FRB and the Securities Exchange Commis- to be aware of the respective and evolving sion (SEC) (and/or their state government parameters of state and federal laws, an increas- counterparts).59 Of course, this may be subject ing challenge given that these issues are in to change as to individual issues or UCC Arti- such a dramatic state of flux. cles. For example, in 2008 the sponsors of the CONCLUSION UCC60 formed a Study Committee on Financial Institution Regulation and Payment Issues61 to This analysis suggests that a significant consider the need for possible revisions to (though diminished) swath of private transac- UCC Articles 3 and 4.62 This committee includ- tions (primarily commercial and non-financial ed participation by a variety of federal agen- transactions) will remain largely subject to the cies, including the FRB. While this project has UCC and other state laws.69 This may be impor- now been postponed, it is possible that the tant, e.g., to lawyers, businesses and their cus- results of such a project ultimately may include tomers that rely on the intuitive, user-friendly significant changes to UCC Article 3, perhaps nature of state contracts, tort and property affecting commercial as well as consumer laws (and the UCC) and cannot afford the costs transactions and reflecting an increased role for and burdens of monitoring and compliance federal regulatory agencies.63 with the complex and ever-changing world of federal administrative law.70 Another possible example of an increased federal role in the UCC involves UCC Article 9. For many businesses, the alternative to state The rules in Article 9 Part 6 govern enforce- law is to go out of business, or at least to dis-

918 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 continue the lines of business subject to com- 15. This nonuniformity is more commonly recognized in the con- 71 text of payment transactions (where this nonuniformity is sometimes prehensive federal laws and regulations. The cited as evidencing a need for a further expansion of federal law, to result is likely to be a continuing trend toward eliminate the disparities). See, e.g., Mark E. Budnitz, “Payment Systems Update 2005: Substitute Checks, Remotely-Created Items, Payroll consolidation (and concentration) in those Cards and Other New-Fangled Products,” 59 Consumer Fin. L.Q. Rep. 3, industries (such as banking and home mort- at 9 (2005) (raising this issue). See also infra this text and notes 31-37. However, as discussed below, such nonuniformity is a far more preva- gage lending) that cannot escape the compre- lent phenomenon than this narrow example suggests. Ironically, then, hensive federal regulatory umbrella.72 In some the result of increasing federalization is sometimes more rather than sectors of these markets, the results may be an less nonuniformity, although it is a nonuniformity based on parties and transactions rather than state borders. economic concentration that will leave seg- 16. Section 1002(b) of the Dodd-Frank Act, supra note 1, defines the ments of society unserved by the private econ- term “covered person” to include any provider of consumer financial products or services (as defined at id. §1002(5)). Section 1002(15) denotes omy, and dependent on other sources such as 30 activities that are deemed to be financial products or services subject the federal government.73 to CFPB authority. Covered persons are subject to regulations issued by the CFPB pursuant to 18 “enumerated consumer laws” (see id. §1002(12)) But for those lawyers, businesses and cus- or other “federal consumer financial law[s]” (as defined at id. §1002(14)), but are not necessarily subject to regular reporting requirements and tomers who are able to fit their transactions examinations by the CFPB unless the covered person is also within the into categories that are at least partly outside scope of Dodd-Frank Act §1024. The latter include covered persons who: originate, broker or service residential mortgage loans; provide mort- the scope of a seemingly comprehensive fed- gage loan modification or foreclosure relief services; are “larger partici- eral administrative law system — barring pants” (to be defined by regulation); are found by the CFPB to be involved “in conduct that poses risks to consumers...”; make “private unforeseen developments — the UCC and education loans[s]”; or make “payday loan[s].” See id. §1024(a). The other state common law-based legal structures inclusion of “conduct that poses risks to consumers” apparently gives will still exist74 to provide a foundation for con- the CFPB considerable leeway to expand its own jurisdiction. There is also a list of parties excluded from the CFPA, including lawyers while sensual private transactions. It is likely that engaged in the practice of law. See id. §§1027-1029. identifying and understanding the boundaries 17. In some ways, the scope of this CFPB authority is relatively narrow (see supra note 16), but within that scope the authority is very and relationships of these strictures, transac- deep. See, e.g., John L. Ropiequet, Christopher S. Naveja & Jason B. tions and issues will be an increasingly impor- Hirsh, “The Dodd-Frank Act Changes the Consumer Finance Land- scape,” 64 Consumer Fin. L.Q. Rep. 284 (2010); Richard P. Hackett & tant part of the lawyer’s role. Frank H. Bishop Jr., Summary of the Consumer Financial Protection Act of 2010, id., at 295. It is sometimes said that home mortgage lenders were 1. The Dodd-Frank Wall Street Reform and Consumer Protection previously “unregulated.” In your author’s experience, this is a misno- Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010). mer, as mortgage lending has long been one of the most heavily-regu- 2. See, e.g., infra notes 16 & 17. lated activities, at both state and federal levels. See also Niall Ferguson 3. See, e.g., Barkley Clark, “Secured Transactions,” 42 Bus. Law. & Ted Forstmann, Opinion, “Back to Basics on Financial Reform,” Wall 1333, 1333-34 (1987) (FORWARD: GROWING FEDERAL PRESENCE IN Str. J., April 23, 2010, at A19 (“[T]he crisis of 2007-2009 originated in THE LAW OF SECURED TRANSACTIONS). one of the most highly regulated sectors of the financial system: the 4. Including codifications such as the Uniform Commercial Code U.S. residential mortgage market.”). See also Harrell, supra note 9. But (UCC). there can be little doubt that the new world of CFPB supervision and 5. For a recent discourse on these issues in a case on otherwise examination is an entirely different matter. unrelated (criminal law) issues, see, e.g., Bond v. United States, 564 U.S. 18. See, e.g., Alvin C. Harrell, Commentary, “The Perils of Public ___, 131 S.Ct. 2355, 2011 U.S. LEXIS 4558, 79 USLW 4490 (U.S. S.Ct. Finance,” 64 Consumer Fin. L.Q. Rep. 253, 254-56 (2010). June 16, 2011) (illustrating the uniqueness of our federalist system). For 19. Id., at 256-58; see also Nick Timiraos & Maurice Tamman, “Tighter another case, although the decision in the case is largely of only his- Lending Crimps Housing,” Wall Str. J., June 25-26, 2011, at A1. torical interest, at another point in the chronological spectrum, see also 20. See supra note 16. Erie R.R.VF. Tompkins, 304 U.S. 64, 78 (1938) (“There is no federal 21. Compare, e.g., the direct and exclusive examination authority, general common law.”). These issues are an important part of what is with respect to federal consumer financial laws, as to insured deposi- sometimes called “American exceptionalism.” See, e.g., Victor Davis tory institutions with total assets over $10 billion (Dodd-Frank Act, Hanson, Commentary, “a toast to American exceptionalism,” Oklaho- supra note 1, §1025) with the CFPB’s limited examination authority man, July 1, 2011, at 10A. over smaller depository institutions (id. §1026). 6. Of course, this emphasis has never been total; but it has been 22. 15 U.S.C. §§1601-1666j. See, e.g., Ralph J. Rohner & Fred H. significant. See, e.g., UCC §1-103(a)(3). Miller, Truth in Lending Ch. 2 (2000 & 2009 Suppl.). But see supra 7. Again, this is not a total emphasis, as illustrated by the extensive note 16 (referencing CFPB jurisdiction over other “conduct that poses private litigation under the federal Truth in Lending Act. See, e.g., risks to consumers”); infra notes 25 & 65. Rohner & Miller, infra note 22, Chs. 1 & 12. But this is correct as a 23. See, e.g., the Equal Credit Opportunity Act (ECOA), 15 U.S.C. generalization. §§1691-1691f, designated an enumerated consumer law at Dodd-Frank 8. See, e.g., Clark, supra note 3. Act, supra note 1, §1002(12)(D). 9. A notable prior leap in this direction occurred with enactment of 24. See 16 CFR pt. 433 (2010) (FTC Holder in Due Course Regulations). the federal Consumer Credit Protection Act, Pub. No. 90-321 (1968), 25. See supra note 16; Dodd-Frank Act, supra note 1, §1027 (exclud- but there have been many other examples since. See, e.g., Rohner & ing cash sales of goods and services not covered by a federal con- Miller, infra note 22, Ch. 1. Regarding federal regulation of the hous- sumer financial law, among other things). However, this does not ing and mortgage markets, see also, e.g., Alvin C. Harrell, “The Great bind the Federal Trade Commission (FTC). See FTC Act, 15 U.S.C. §45; Credit Contraction: Who, What, When, Where and Why,” 26 Ga. St. Dodd-Frank Act, supra note 1, §1061(b)(5)(C) (retained authority of Univ. L. Rev. 1209 (2010). the FTC). See also infra notes 26 & 66; see generally infra this text and 10. See Harrell, supra note 9; infra notes 18-19. notes 30-44 (Door Number Three – State Law) and 45-68 (Implica- 11. See supra note 1. tions for State Law). 12. Id., Title X, §§1001-1067 (The Consumer Financial Protection 26. See Dodd-Frank Act, supra note 1, §1031. See also id. §1405 (abu- Act, or CFPA). sive, unfair, deceptive and predatory mortgage practices); supra note 13. See 75 Fed. Reg. 57252 (Sept. 20, 2010) (establishing the “desig- 16 (referencing the CFPB authority to regulate “conduct that poses nated transfer date” for transfer of regulatory functions to the CFPB). risks to consumers”). 14. In your author’s experience, lawyers accustomed to the state 27. See supra notes 16-17. law world of private contracts, negotiations, and judicial remedies 28. But see infra note 51. sometimes are ill-prepared for representing clients in the very different 29. See infra Part III. Your author is aware that a salient feature of world of federal administrative agencies. the Dodd-Frank Act is its new limitations on federal preemption of

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 919 state law by the bank regulatory agencies. See, e.g., Roland E. Brandel 12 U.S.C. §§5001-5018 (“Check 21”). See also supra this text and notes 3, & Jeremy R. Mandell, “Preemption under the Consumer Financial 15, 34-40. Protection Act of 2010,” 64 Consumer Fin. L.Q. Rep. 307 (2010). How- 49. See, e.g., FRB Regulation J, 12 CFR pt. 210 (incorporating provi- ever, the preemption authority inherent in the CFPB jurisdiction over sions of UCC Article 4A). enumerated consumer laws and federal consumer financial laws 50. Again, the UCC Article 4/FRB Regulation CC example is opens the door to increased federal preemption of a different kind. instructive. See, e.g., supra this text and notes 34-40. 30. See supra this text and notes 23-25; discussion below; and infra 51. See supra note 16. However, as also noted, some of the enumer- this text and notes 45-68 (Implications for State Law). ated consumer laws, e.g., the ECOA, cover commercial as well as con- 31. For a sampling of the latter, see “Uniform Commercial Code sumer transactions. See supra note 23. See also supra note 25, and infra Issues and Developments,” 64 Consumer Fin. L.Q. Rep. 316 (2010); “Sur- note 65. As reported in the press, the CFPB has announced that it will vey-Uniform Commercial Code,” 65 Bus. Law. 1205 (2010). The U3C focus initially on the following areas of law: “debt collection; con- has been enacted in Oklahoma and is codified at Tit. 14A Okla. Stat. sumer reporting; consumer credit and related activities; money trans- §§1-101 – 9-101. mitting; check cashing and related activities; prepaid cards; and debt- 32. E.g., alleging a TILA violation as the basis for a state-law fraud relief services... [plus] automobile loans and personal loans....” See claim. Deborah Solomon & Maya Jackson Randall, “Agency Outlines Role,” 33. This includes but is not limited to requirements for documenta- Wall Str. J., June 24, 2011, at C3. tion of the transaction. Compare, e.g., the documentation required for a 52. See, e.g., supra note 16 (CFPB authority over “conduct that poses small commercial real estate loan, governed primarily by state law, risks to consumers”). with that of a consumer home mortgage loan, governed heavily by 53. But see supra this text and notes 34-40 and 48; discussion below federal law. As another example, one impetus for the Dodd-Frank Act, at notes 60-63. supra note 1, at least among plaintiffs’ lawyers, was a desire to limit 54. Subject, as now, to related laws such as: the Uniform Customs preemption of state laws by federal banking agencies. See, e.g., Brandel & and Practice for Documentary Credits (UCP); the United Nations Con- Mandell, supra note 29. Partly, it should be emphasized, this preference vention on Independent Guaranties and Stand-by Letters of Credit; for state law may arise because the state law issues are governed by and Office of the Comptroller of the Currency (OCC) Interpretive Rul- widely-accepted and easily understood common law principles and ings, 12 C.F.R. §§7.1016 & 7.1017. See generally Alvin C. Harrell & Fred well-written uniform laws such as the U3C and UCC. But this merely H. Miller, Commercial Transactions, Documents of Title, Letters of emphasizes the point made in the text. Sometimes, it should be noted, Credit, 15 West’s Legal Forms Ch. 8 (4th ed. 2009). the pressure for federal preemption comes from large, nationwide credi- 55. Subject to related federal laws, such as: the United States Ware- tors seeking to overcome the patchwork of unrealistic and nonuniform house Act, 7 U.S.C.A §§241 et seq.; the Federal Bills of Lading Act, 49 laws in some states. Thus, a failure of the states to update and rationalize U.S.C.A. §§80101-80116; the Carmack Amendment to the Interstate their laws is an invitation to pressures for federal preemption. Commerce Act, 49 U.S.C.A. §§11706, 14706 & 15906; the Harter Act, 46 34. 12 CFR pt. 229. See also infra note 35, and infra this text and notes U.S.C.A. §§190-195; and the Carriage of Goods by Sea Act, 46 U.S.C.A. 45-68 (Implications for State Law). §§1300- 1315. See generally the administrative regulations applicable to 35. See, e.g., Fred H. Miller & Alvin C. Harrell, The Law of interstate bills of lading, 49 C.F.R. §§1035.1 et seq.; Alvin C. Harrell & Modern Payment Systems and Notes ¶ 8.04 (2002 & 2008 Suppl.); Fred H. Miller, Commercial Transactions, Documents of Title, Letters supra note 14. of Credit, 15 West’s Legal Forms Ch. 1 (4th ed. 2009). 36. See 12 CFR pt. 229, Subpart C, 12 CFR §§229.30 - 229.43; Miller 56. Subject to federal securities laws. For illustrations of the con- & Harrell, supra note 35. tinuing relevance of UCC Article 8, see, e.g., Howard Darmstadter, 37. See supra note 35. This is not a new issue. See, e.g, Alvin C. Har- “Investment Securities,” 65 Bus. Law. 1283 (2010). rell, “UCC Article 4 and Regulation CC: Can They Ever be Recon- 57. See UCC §9-109 (scope of Article 9). ciled?,” 54 Consumer Fin. L.Q. Rep. 236 (2000). 58. This is not limited to personal property transactions under the 38. For an illustrative sampling, see, e.g., Alvin C. Harrell & Robert UCC; much the same can be said for commercial real estate transac- T. Luttrell III, “Current Issues in Negotiable Instruments Law, Deposit tions, governed by state real property law rather than the UCC. But see Accounts and Payment Transactions,” 64 Consumer Fin. L.Q. Rep. 316 supra notes 50 & 52. (2010); supra note 31. 59. For banks, this includes state and federal bank regulatory agencies. 39. See, e.g., Robert T. Luttrell III & Alvin C. Harrell, “Update on 60. The Uniform Law Commission (ULC) and American Law Insti- Deposit Account, Negotiable Instrument, and Payment System Issues tute (ALI). and Developments,” 65 Consumer Fin. L.Q. Rep. [in press] (2011). 61. The chair was Professor Fred H. Miller and the reporter was 40. Potentially with a corresponding diminution in state law litiga- Professor Linda J. Rusch. tion, a trend that may impact the legal profession. See, e.g., supra notes 17, 62. While the initial focus was payment issues, the scope was sub- 29 & 33; infra this text and notes 45-68 (Implications for State Law). sequently redirected to focus on mortgage notes and loans, in response 41. See, e.g., Robert A. Cook & Meghan Musselman, “Summary of to the foreclosure crisis. the Mortgage Lending Provisions in the Dodd-Frank Wall Street 63. See, e.g., Committee memorandum of Oct. 6, 2009, available at Reform and Consumer Protection Act,” 64 Consumer Fin. L.Q. Rep. 231 www.mcusl.org; Fred H. Miller, “UCC Study Committee on Payment (2010); supra this text and notes 16-19 (Door Number One – CFPB Systems Postponed,” 65 Consumer Fin. L.Q. Rep. 437 (2011). Supervision). Obviously, this is a model followed in numerous other 64. See, e.g., UCC §§9-613 and 9-614. countries, but not (until recently) in the United States. See, e.g., Harrell, 65. The FTC has, and under the Dodd-Frank Act retains (either supra note 18, at 256-257. Today, it is the new normal. See, e.g., id.; exclusively or in conjunction with the CFPB), enforcement authority Timiraos & Tamman, supra note 19. regarding: Section 5 of the FTC Act, 15 U.S.C. §45; TILA, 15 U.S.C. 42. See supra this text and notes 20-29 (Door Number Two – Enu- §§1601-1666J; the Consumer Leasing Act, 15 U.S.C. §§1667-1667f; Reg- merated Federal Laws). ulation Z, 12 CFR pt. 226; the ECOA, 15 U.S.C §§1691-1691f and Regu- 43. See, e.g., Rohner & Miller, supra note 22, Ch. 2. lation B, 12 CFR pt. 202; the Electronic Fund Transfer Act, 15 U.S.C. 44. See, e.g., sources cited supra at notes 16 & 17; supra this text at §§1693-1693r and Regulation E, 12 CFR pt. 205; and the Gramm-Leach- notes 29-30; supra note 37. Bliley Act, 15 U.S.C. §§6801-6809. See, e.g., FTC Public Roundtables: 45. See generally supra note 5. Without suggesting a direct parallel, it Protecting Consumers in the Sale and Leasing of Motor Vehicles, 76 can be noted that this phenomenon is not limited to the United States. Fed. Reg. 14014, n. 2 (March 15, 2011) (notice announcing public See, e.g., Andrew Collier, Opinion, “How China’s Banks Break the Rules,” roundtables). See also supra note 25. Wall Str. J., June 29, 2011, at A15. A significant difference, however, is that 66. See id., and supra notes 16 and 26. in the United States this has been possible within the law. 67. See supra notes 47-50. 46. See also supra notes 26 – 29 and accompanying text. 68. See supra notes 16, 25, 26, 51 & 65. 47. See, e.g., UCC §2-102 (Article 2 applies to “transactions in 69. Consumer transactions will also remain subject to some state goods”); id. §9-109(a)(1) (Article 9 applies to “a transaction, regardless laws, including consumer protection laws, but this will be subject to an of form, that creates a security interest in personal property”). Other increasingly complex (and perhaps restrictive) overlay of federal regu- UCC Articles and scope provisions complete the almost comprehen- lations and supervision. See, e.g., supra notes 16-17, 25-27, and 65. sive UCC coverage of personal property transactions, with the primary 70. See, e.g., Opinion, Review & Outlook, “Not So Cool Rules,” Wall exception of sales, licenses and leases of general intangibles (some of Str. J., May 28-29, 2011, at A14 (noting the cost and impact of the fed- which are covered by the Uniform Computer Information Act (UCITA), eral regulatory burden on American businesses). as applicable). 71. Id. In some instances that may, in fact, be the intention. 48. See, e.g., the impact on UCC Articles 3 and 4 of: FRB Regulation 72. See supra this text and notes 16-19 (Door Number One – CFPB CC (12 CFR pt. 229); and the Check Clearing for the 21st Century Act, Supervision).

920 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 73. Perhaps the experience with national Prohibition offers some relevant lessons. See, e.g., Opinion, Thomas Fleming, “Prohibition: A About The Author Cautionary Tale,” Wall Str. J., Jan. 4, 2010, at A17. See also: Alvin C. Har- rell, “Commentary: Treasury/HUD Report on Reforming America’s Housing Finance Market,” 65 Consumer Fin. L.Q. Rep. 208 (2011); Fred Alvin C. Harrell is a professor H. Miller, “Prime Interest Rates for Subprime Borrowers?,” 26 Ga. St. of law at OCU School of Law Univ. L. Rev. 1259 (2010); William M. Clark, “An Economic Analysis of the Oklahoma Installment Loan Industry,” 60 Consumer Fin. L.Q. Rep. and president of Home Savings 487 (2006); Harrell, supra note 18. and Loan Association of Okla- 74. At least in some states. Of course, states wishing to be in this homa City. He is co-author of a category, so as to foster commercial transactions and economic growth, will need to update their commercial transaction laws by, e.g., enacting dozen books, including “The the 2010 amendments to the uniform text of UCC Article 9 and com- Law of Modern Payment Sys- panion reforms such as the Uniform Certificate of Title Act (UCOTA). tems and Notes” (with Professor A state’s failure to maintain updated commercial transaction laws will be an invitation to increasing irrelevance. See, e.g., supra note 33. Fred H. Miller). He is editor of the Annual Survey of Consumer Financial Services Law in The Business Lawyer. He chaired the ABA UCC Committee Task Force on State Certificate of Title Laws.

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Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 921 JENNY T H R O W S HERSELF INTO EVERYTHING SHE DOES.

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922 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 LEGISLATIVE NEWS

Session Past Halfway Mark By Duchess Bartmess

The Oklahoma Legislature HB2658 – requirements for is more than halfway through board of directors of corpora- the last regular session of the tions 53rd Oklahoma Legislature. HB2768 – changing the Board This year, the Legislature is of Agriculture required num- required by constitutional ber of meetings mandate to adjourn by 5 p.m., May 25, 2012. [Oklahoma SB91 – changes in election Constitution, Article V, Sec- procedures for filling vacan- tion 26] The bulk of the legis- cies in congressional and state lation which will become law legislative offices or be submitted to a vote of the people has not yet been SB301 – modifying proce- finalized. There are several dures for removing deceased measures which have been voters from rolls signed by the governor, sent SB875 – exempting gun range to the governor, or are on gen- employees, members and eral order in each house of the guests of gun clubs from lia- Legislature. bility The following are legislative SB941 – discovery procedures matters requiring gubernato- regarding trial preparation rial action which have been materials signed this session. [Oklahoma Constitution, Article VI, Sec- SB1210 – veteran facilities tion 11] It should be noted exempt from specified long– that measures signed this year term care regulations include some left over from SB1304 – durable power of the 2011 first session. attorney – repealing duplicate MEASURES SIGNED BY section, retaining notice THE GOVERNOR requirement HB2188 – prohibiting planting and commer- SB1316 – Governmental Tort cially producing types of castor beans Claims Act – adding exemption from liability HB2189 – prohibiting transporting castor beans SB1321 – workers’ compensation fraud – autho- in more than 50–pound containers rizing contracts with retired police officers for services HB2443 – establishing the University Center at Ponca City SB1704 – amending, merging and repealing multiple versions of statutes

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 923 SB1882 – Governmental Tort Claims Act – add- bills and joint resolutions considered still “alive” ing exemption from liability which could still be acted upon. SB1959 – apportionment of gross production Members of the bar are encouraged to look at taxes measures of particular interest. Checking for MEASURES AWAITING other measures on general order not listed here GUBERNATORIAL ACTION could also be of special interest and can be checked through the legislative website. HB2211 – chairman county commissioners, designate person to serve on library board SOME OF THE SIGNIFICANT MEASURES ON GENERAL ORDER HB2285 – extending dates for teachers to complete examinations Constitutional Amendments HB2310 – modifying general powers of the HJR1001 – ad valorem; senior freeze; homestead board of county commissioners exemption; qualifying income limit HB2499 – Regional Jail District Act HJR1082 – authorizing state officers to serve on active duty HB2580 – expanding list of family members authorized to file mental health petition SJR5 – limit annual increases in fair cash value of property HB2618 – modifying general powers of the board of county commissioners SJR37 – signature requirements for initiative and referendum petitions HB2619 – modifying exceptions to bidding procedures in counties SJR52 – expanding property tax exemption SB1164 – synthetic diesel defining Measures Addressing Civil Law and Procedure Issues SB1228 – eliminate electronic student transfer report requirement SB1314 – depositions – allowing attorney to provide counsel SB1287 – removing residency requirement for library board members SB1299 – modifying Nontestamentary Transfer of Property Act SB1466 – elections – duties and authority of notaries public with respect to ballots HB1828 – court reporter salaries SB1500 – Grand River Dam Authority – attend HB2286 – division of certain military benefits meetings using electronic means HB2289 – private process server licenses SB1518 – feral swine control – prohibiting HB2296 – prohibiting liability for owners who importation of live feral swine unless for allow shelter during severe weather slaughter HB2419 – prohibiting liability for owners of SB1592 – physical therapists to perform well- storm shelters for time prescribed ness services HB2521 – charitable clinic SB1686 – airport operators to prohibit smoking in public indoor areas Measures Addressing Criminal Law and Procedure Issues SB1751 – Feral Swine Control Act – Judas pig tagging system SB237 – Uniform Controlled Dangerous Sub- stances – Jimson Weed SB1882 – Governmental Tort Claims Act – adding exemption from liability SB783 – creating Drug Court and Community Sentencing Reform Task Force In addition to the measures which have been signed by the governor or are awaiting action by SB805 – armed security guards, firearm authori- the governor, there are measures which are on zation, waiver of disqualification general order, awaiting final legislative action. SB956 – expanding scope – adoption of rules – The following is a list of some of the measures Electronic Monitoring Program which might be of interest to the general practitioner. As always, this is not a complete list of all SB987 – first degree murder – expanding crime

924 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 SB1543 – Adding crime to 85 percent of sen- Measures Addressing Insurance Law Issues tence requirement SB57 – creating Health Care Choice Act SB1551 – Corrections Act – qualifications of SB350 – confidentiality interpretation – exami- positions nations by insurance commissioner SB1706 – drug–endangered Children’s Alliance SB411 – Insurance Department to establish a Board health care information system SB1734 – Uniform Controlled Dangerous Sub- SB558 – prohibit employer from requiring a stances Act – investigative authority military retiree to participate in health plan HB2175 – Oklahoma Indigent Defense System; Measures Addressing Motor Vehicle Law Issues scope of responsibilities SB143 – reading proficiency tests from other Measures Addressing Tax Issues states for driver licenses SB4 – sales tax relief – time period for claims to SB189 – compulsory insurance – recovery of be filed damages for motor vehicle accident SB456 – Quality Jobs Program – providing SB1874 – providing waiver of revocation, sus- exclusion pension, cancellation SB517 – tax credits, exemptions, deductions – HB2575 – providing alternative method to time limit which tax relief may be claimed obtain salvage title SB1131 – ad valorem – procedures relating to ad Measures Addressing Water Law Issues valorem assessment SB1043 – water discharge permits SB1230 – tax administration – licensing and permitting procedures HB1910 – commercial drilling and plugging licenses SB1231 – due dates for submitting reports and remitting taxes HB2835 – uses of gray water SB1234 – gross production tax – limit total HB2836 – floodplain management regulations refund paid during specified time period HB3055 – Water for 2060 Act SB1235 – Quality Jobs Program Act – circum- Measures Addressing Children and stances for dismissal from program Education Issues SB1434 – petroleum and gas excise tax – trans- SB1 – Teacher Due Process Act of 1990 fer of revenue after specified date SB348 – creation of award and develop report SB1437 – income tax rates, contingent rate card change, determination by Equalization Board SB534 – grounds for dismissal from school HB2510 – prohibiting certain acts related to employment sales tax exemptions HB2251 – modifying drug–endangered children HB2576 – modifying assorted tax provisions provisions HB2616 – creating sales tax exemption for HB2244 – eligibility criteria for alternative place- durable medical equipment ment teaching certification HB2645 – county excise boards; continuing edu- HB2251 – modifying drug–endangered children cation provisions HB2648 – appraisal records; ad valorem pro- HB2306 – modifying and deleting certain school tests requirements HB2710 – retail establishments; tobacco products HB2727 – substitute teachers HB3093 – exempting canoes from registration HB2736 – providing for the outsourcing of cer- and excise tax tain DHS functions

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 925 Measures Addressing Public Health Law Issues This being an election year, there are also a number of measures addressing election laws. SB178 – State Board of Health to adopt adaptive However, those usually do not impact the gen- standards of care in emergencies eral practice of law, and for the sake of space, SB329 – nursing homes – dispute arbitration have not been included here. Anyone interested in election laws should consult the legislative SB872 – emergency medical costs – payment of website for “active” measures in that area. costs for certain medical care And finally, the reader should be aware that a SB1274 – creating Heartbeat Informed Consent one line description of a particular measure may Act not reflect all of the significant provisions of that SB1279 – adding licensed alcohol and drug measure. This is another reason that a detailed counselor and licensed behavioral practi- review by the practitioner is encouraged. tioner to Professional Entity Act SB1313 – delivery of service – persons authorized to accept or refuse service OBA BILLS SB1433 – unborn children – creating the Person- SB941, which relates to discovery of trial hood Act preparation materials and experts passed SB1694 – modifying Oklahoma Medicaid False both chambers and was signed into law by Claims Act the governor on April 2, 2012. HB2207 – public health; exempting certain foster homes from certain regulation HB2266 – public health and safety; Public Health Ms. Bartmess practices in Oklahoma City and Delivery Act chairs the Legislative Monitoring Committee.

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926 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 John Barker Returns to GableGotwals

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Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 927 Mock Trial High School Mock Trial Committee Wraps Up Another Successful Year By Jennifer Bruner

The 2012 OBA High School Mock Trial Competition presented Oklahoma students with a challenging murder trial, complete with opposing arson expert witnesses, dis- gruntled in-laws and testimony from friends and neighbors of the accused. The Mock Trial Case Development Committee of Christine Cave, Nicole Long- Mock Trial Committee members are (from left), Christine Cave, well, Dan Couch and Marsha Dan Couch, Karolina Roberts, Marsha Rogers, Melissa Peros, Rogers masterfully wrote and Coordinator Judy Spencer, (above) Nicole Longwell, Joe Carson and created an interesting and emo- Chair Jennifer Bruner. Other committee members are Erin Moore, tionally charged set of facts Julie Austin Dewbery, Tai Du, Scott Inman, Jacob Rowe and that tested both student attor- Amanda Thrash. neys and student witnesses. Special thanks go to Chief in supporting schools within bers who are responsible for Homer Jones, Oklahoma City their county to develop a mock another successful year. Fire Department assistant fire trial team, as well as providing This is an exciting time for marshal and arson investiga- coaching and financial assis- the OBA Mock Trial Commit- tor, for his consultation and tance that enabled several tee as we prepare our state assistance in developing this schools and teams to partici- champion from Clinton High case. The 2012 mock trial case pate in this year’s competition. is so well written and unique School for the 2012 National that the committee has already Conducting numerous Mock Trial Competition in been contacted by other states rounds of competition is no May in Albuquerque, NM. who are interested in using the easy task, and it would not Out of the 36 teams from 30 case for their future competi- have been possible without schools across the state that tions. Our greatest thanks go the hundreds of lawyers and began competing in January, to the Oklahoma Bar Founda- judges who volunteered their the top finishers were, in section, which has enabled this time – and many of them ond place, Ada High School; program now in its 32nd year helped several times. Take a third, Moore High School to continue to develop and minute and glance at their Team Red; fourth, Jenks High grow year after year. names listed in this article. School Team A; fifth, Okarche And I can’t forget to thank High School; sixth, Jenks High The OBA Mock Trial Com- the Young Lawyers Division, School Team Mr. Roger’s mittee would also like to recog- which continues its commit- Neighborhood; seventh, McAl- nize and extend its appreciation ment to this program, and to ester High School, and eighth, to the county bar associations my fellow committee mem- Broken Arrow Team Black. that became actively involved

928 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 HELP RECRUIT TEAMS Now that the 2012 Oklaho- ma Mock Trial Competition has come to an end, the Mock Trial Committee is seeking support from attorneys across the state to recruit additional schools to participate in the 2013 competition. If you know of a school or students interested in participating, if you would be interested in serving as an attorney coach — or if you’d like to join the Mock Judging the final round to determine the state champion were Trial Committee, please email (from left) Presiding Judge Edward Cunningham, Judge Shon [email protected]. Erwin, Judge Millie Otey, Justice Douglas Combs, Judge David B. COACHING A TEAM Lewis and Judge Dana L. Rasure. REWARDING focusing on creativity and crit- ATTORNEY COACHES “After serving as a scoring ical thinking. Mock trial stu- Clifton Baker panelist or presiding judge at dents develop logic, public Jennifer Barrek mock trial competitions for speaking, acting, and language Jennifer Barrett several years,” Judge James skills, not to mention learning Cheryl Blake Bland said, “I helped start a the rules of evidence. These Judge James Bland program at McAlester High students know how to present Gary Briggs School three years ago. My themselves, and they can think Kevin Buchanan only regret now is that I wait- on their feet. The mock trial Mary Bundren ed so long. It is very reward- experience instills confidence Judge Daman Cantrell ing to watch the students and the ability to perform Lance Cargill develop through their partici- under pressure which will Martha Rupp Carter pation; however, I believe the be lifelong assets.” Kristen Caruso best part is that, unlike some NEW INITIATIVE Clint Claypole extracurricular activities, you Mary Ann Coleman can see the students them- In addition, the Mock Trial Travis Crocker selves recognizing and appre- Committee is starting a mock Erin Dailey ciating their own development trial development initiative Jason Dennis as it occurs. Their recognition that will create instructional John Echols of the many benefits they are videos to provide guidance Dennis Gay receiving leads to great enthu- and assistance to students and Tracy George siasm and commitment, which schools who are just getting Terry Holtz is in turn very fulfilling for the started or who have participat- Michael Horn attorney and teacher coaches.” ed but now have new students Jennifer Howland involved. If you are interested Judge Jill C. Weedon said of Marie Johnson in this program, now is the working with the winning Chris Jones time to get involved and to Clinton team, “The legal team Steven Kuperman help grow the program and is student driven. They call Greg Laird enrich the lives of Oklahoma team meetings at all times of Blake Lawrence students. Work starts soon to day and night to work around Mike Lee prepare for next year’s pro- jobs, sports, band and ballet. Jim Lemon gram that begins in the fall. Every team member is dedi- Julie Lombardi cated to the project, and, at Ms. Bruner practices in Oklaho- Tim Maxey times, consumed by it. In the ma City and chairs the High School Tim Mills era of standardized testing, the Mock Trial Program Committee. Jeff Mixon Mock Trial Program is one of Heather Gibson the few programs in education Nance

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 929 Sarah Powers Judge Ed Ryan Rennie Mary Bundren R. Dean Rinehart Cunningham*** Marsha Rogers Jeff Byers Matt Roberts Julie Austin Dewbery Rick Rose Sharon Byers Douglas Sanders Judge Ken Dickerson* Ted Rossier*** John Cannon Paul Schulte Abbey Dillsaver Mark Schwebke***** Kim Cathey Desmond Sides Rob Duncan Bret Smith Dietmar Caudle Russell Singleton Blake Dutcher*** Dan Sprouse Jason Chadwick* Kimberly Slinkard Courtney Eagan Kim Stevens Clayton Chamberlain Don L. Smitherman Smith Chris Szlichta** Gwen Clegg Frank Stout Judge Don Easter Betty Outhier Michael Clover Julie Strong Judge Shon Erwin*** Williams Amy Coble Charles Sullivan A.J. Garcia Chuck Woodstock Sharon Cole Kyle Sweet Sarah Glick George Wright Andrew Conway Melissa Taylor Anthony Gorospe Richard Yohn Kris Cook Rex Thompson Jim Tillison Judge Jill Weedon Ginger Williamson Christy Wright TRIAL SITE COORDINATORS Jennifer Bruner** Joe Carson Deresa Gray Clark** Dan Couch Tai Du Robert Garcia Kristin Jarman Jeff Keel* Patrick Layden Clinton High School’s winning team was coached by teacher Nicole Longwell Kathy Kelley and attorney coaches Judge Jill Weedon and Julie Anne Mize** Strong. Melissa Peros Nathan Richter** Karolina Roberts Judge Sarah Hall COMPETITION Michael Coulson SCORING Marsha Rogers** Matt Hall Dee Crawford PANELISTS Justice Shirley Cheryl Hamby Dan Crawford* Dan Sprouse W.S. Haselwood Kim Adams Kevin Cunningham Cory Stone Gaylon Hayes Ruth Addison Eric Davis Chris Szlichta Randy Henning Tom Askew Michael Denton Leah Terrill- Ron Howland Micah Ayache Rob Duncan Nessmith** Dana Jim Andy Balint Gerald Durbin Amanda Thrash Jeff Keel Dianne Barker Josh Edwards Roy Tucker Tara Lemmon Harrold Rod Elrod COMPETITION Michael Lewis Gabe Bass** Kyle Endicott PRESIDING Marvin Lizama Mindy Beare Elizabeth Field JUDGES Kieran Maye Jr. Jeremy Beaver Kelea Fisher Jim McGough* Matt Beese Luis Flores Stacy Acord James Miller Judge Lois Belden Marna Franklin Larry Balcerale Judge Gary Miller* Mark Bennery Michele Freeman Kristen Brightmire Lou Ann Moudy Susie Bolin* Debra Gee Meagan Brooking Kirk Olson Mark Bonney** Tracy George David Bryan Judge Kirsten Pace Kristen Brightmire Larry Goins Judge Kenneth Jim Cole Pettis Rodney Brook Anthony Gorospe Buettner Ellen Quinton Elizabeth Brown Brandi Gragg

930 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Eric Grantham Heather Poole Jennifer Gray Sonja Porter* WESTERN TRIAL Allan Grubb Ellen Quinton David Guten* Ryan Rennie ADVOCACY INSTITUTE Ashton Hadley** Rob Ridenour 33rd ANNUAL CRIMINAL DEFENSE Matt Hall* Robin Rochelle SEMINAR Misti Halverson Lara Russell Yvette Hart Mark Schwebke Theresa Hill Barbara Sears Sara Hill Micah Sexton Mark Hixon** Grant Shepard July 7 to July 12, 2012 Valerie Hunt* Ken Short Jay Husbands Kim Slinkard* Gregory Jackson Bill Speed Learn effective communication from the Keith Jennings Taylor Stein best, how to tell the story at each stage of Jennifer Johnson Carla Stinnett your case and win. Considered by many to Debbie Johnson Adam Strange be the best trial advocacy seminar in the Corey Johnson Drew Tate country. John Paul Jordan** Brooke Tebow Some of Our Faculty Include: Ann Keele Matthew Thomas Marilyn Bednarski – Los Angeles, CA Jay Kim* John Thomas Dale Cobb – Charleston, NC Mary Kindelt Scott Thomas Jodie English – Indianapolis, IN Jennifer King Amanda Thrash Garvin Isaacs – Oklahoma City, OK Thomas Kirby John Turner Hon. Joe Johnson – Topeka, KS Tony Lacy Allison Wade Joshua Karton – Santa Monica, CA Tim Lance Charles Watts Mary Kennedy – Washington, D.C. Niki Lindsey Betty Outhier A.J. Kramer – Washington, D.C. Keith Magill Williams Albert Krieger – Miami, FL Sean Manning Teressa Williams Terry McCarthy – Chicago, IL China Matlock Tanya Wilson Terry Mackey – Cheyenne, WY Leslie Maye Meredith Wolfe Linda Miller – Ft. Collins, CO Anthony Moore** Chuck Woodstock Bert Nieslanik – Grand Junction, CO Kevin Morrison Susan Work Stephen Rench – Denver, CO Lou Ann Moudy Susan Zwaan Richard Tegtmeier – Chrissi Nimmo *served twice Colorado Springs, CO Katie Ogden **served three times John Tierney – Minneapolis, MN Jeremy Oliver ***served four times Craig Truman – Denver, CO Kirk Olson ****served five times Susan Otto *****served six times Francie Patton Location and Activities Bryan Plank The Institute offers a unique program in communication techniques, effective story- telling, and trial skills for lawyers. The program is presented at the University of Wyoming, College of Law at Laramie in the high country, a short drive from the scenic Snowy Range Mountains. The area’s ideal cool summer climate allows hiking, camping, fishing and golf. TO APPLY – write or call: Western Trial Advocacy Institute P.O. Box 3035, University Station Laramie, WY 82071 Telephone: (307) 766-2422 www.westerntrial.com

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 931 BAR NEWS

Oklahoma iCivics Events to Feature Justice Sandra Day O’Connor By Jeff Kelton

A study done by the Washington, D.C.-based educational think tank Thomas B. Fordham Institute, showed that only one state, South Carolina, earned an A rating when it came to teaching its students history of our nation’s past. Several states earned a failing grade. The bad news, Oklahoma did not receive an A – the good news, we didn’t fail miserably. However, it’s no surprise that millions of American kids lack the basic knowledge regarding the three branches of our government, democracy and the U.S. Constitution. This information was so concerning, former U.S. Supreme Court Justice Sandra Day O’Connor stepped up to reverse that trend. Her vision, with help from Georgetown University Law School, Arizona State Univer- sity and others, led to the development of www.icivics.org in 2009 – an interactive educational project that invites students to learn about civic education through different forums. On the site, children can read, watch videos, play games and even “Win the White House” – it’s not as easy as it sounds – you try managing your own presidential campaign. Justice Sandra Day O’Connor However, the way in which the material is presented is fun and encourages participation. iCIVICS IN OKLAHOMA Unfortunately, civic education is not heredi- Increasing knowledge of civic education is tary and needs to be taught. Our teachers are something that OBA President Cathy Chris- the cornerstone of the education that our tensen planned to address once she took the nation’s children receive. Educators as well reins of OBA leadership — and due to the can access the site where they’ll find valuable alarming statistics — the Oklahoma Bar Asso- lesson plans, games, web quests and many ciation and Oklahoma City University have other tools to take back and implement in the created a partnership to introduce iCivics to classroom. Oklahoma educators and students. The partnership effort will kick off with an event Tues-

932 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 ‰ For details on how to view this session, teachers need to contact Mark Scheidewent at 405-416-7026, and students are encouraged to submit questions using the form at www.okbar.org/s/questions. “An understanding of how this country was founded is of utmost importance, but many students either lack the interest in these topics or do not see how it plays into their everyday lives,” said Ms. Christensen. “The iCivics program cures this disconnect by showing students the awesome power of an engaged day, April 24, beginning at the Oklahoma Bar citizenry, both in communal and individual Center in Oklahoma City and ending at the terms.” Reed Center in Midwest City. Law School for Educators The event will include opportunities for both At 1:30 p.m., speakers from around the state educators and students as it features two will cover a variety of law-related topics, cov- events during the day and an evening banquet ering issues such as free speech, search and that will cap off programming with Justice seizure and the court system. This event O’Connor as the keynote speaker. requires registration and will take place at the “This country has thrived when our citizenry continued on next page is educated, engaged and involved, it’s essential to a successful democracy,“ Ms. Chris- tensen said. “When our children learn and appreciate these historical lessons, they begin down the path toward success, both as an individual and as a member of this great nation. A Partnership in Civic Education: iCivics There is no doubt the OBA, Oklahoma City in Oklahoma University, Justice O’Connor and our Oklaho- 10 a.m. ma educators share the same goals.” Oklahoma Bar Center, Oklahoma City OBA Law-related Education Coordinator 1901 N. Lincoln Blvd., Oklahoma City, Jane McConnell couldn’t be more honored to OK 73105 have the former justice in Oklahoma City. A Conversation with Justice O’Connor “To have someone of this magnitude help and Oklahoma Supreme Court Chief promote the importance of learning to the chil- Justice Steven Taylor dren of our state is a gift,” Ms. McConnell said. 1:30 p.m. “Justice O’Connor’s program is supplemental Reed Center, Midwest City to the core curriculum in social studies and by 5800 Will Rogers Road, Midwest City, OK incorporating iCivics into students’ lives, it 73110 reinforces their classroom learning.” Law School for Educators A Conversation Webcast 7 p.m. The day will begin at the Oklahoma Bar Reed Center, Midwest City Association where invited guests, students and A Partnership in Civic Education: educators will take part in the iCivics vision by enjoying “A Conversation with Justice iCivics in Oklahoma Banquet O’Connor and Oklahoma Supreme Court Chief Keynote Speaker: Justice Sandra Day Justice Steven Taylor.” This session will include O’Connor at least 150 middle school and high school stu- Reception prior to banquet at 6 p.m. dents and be available for live webcast to all Oklahoma schools.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 933 Reed Center in Midwest City but is free and for Educators. Invite your favorite student and available to anyone. educators to attend the banquet with you. Visit www.okbar.org/s/icivics for a complete list of ‰ To register, please visit events and registration for Law School for Edu- www.okbar.org/s/educators. cators and the banquet. President Christensen believes teachers are “The iCivics program does not exist in isola- the foundation of this nation’s education. “We tion. The goal is to build a lasting and continu- are working to have the iCivics program imple- ing relationship between our educators and mented to improve our civics education across our community lawyers, etc., in order to col- the state. Together with the iCivics program, laborate on a system of civic education with our teachers will provide the monumental sup- one objective in mind – providing students port needed to build civics education.” with every opportunity possible to improve Ms. McConnell encourages every educator not only their lives, but also society as a who wants to positively change lives to attend. whole,” said Ms. Christensen. “We want to inform and train educators with Mr. Kelton is an OBA communications specialist. professional development on how to effective- ly use the iCivics program in their classrooms. Most importantly we want teachers to realize their role in molding students to become active citizens.” Partnership Banquet The evening will come to a close with a SPONSORS reception at 6 p.m. followed by the banquet, “A Partnership in Civic Education: iCivics in Okla- Oklahoma Bar Association homa” at 7 p.m. Don’t miss Justice O’Connor address all attendants as the keynote speaker. Oklahoma City University Tickets are available to all for $30. Oklahoma Bar Foundation To purchase a ticket, please use the form found at www.okbar.org/s/civicsbanquet. American Fidelity SPONSORSHIPS AVAILABLE Calvert Law Firm As a sponsor, your support helps make the Chesapeake Energy Corp. Conversation with the Justices, the Law School Doerner, Saunders, Daniel & for Educators and the banquet affordable for our state’s educators. Your support will pro- Anderson LLP vide an educational opportunity and materials OCU President Robert Henry that will directly benefit Oklahoma students. University of Tulsa College This event is not a fundraiser and all money raised will be used to offset expenses of the of Law day’s events. Please show your support for Allen and Barbara Smallwood civic education and Oklahoma educators. Inasmuch Foundation ‰ For sponsorship opportunities, please contact Cathy Christensen at cathy@ GlobalHealth Inc. cathychristensenlaw.com or 405-752-5565. Stockwell Law Offices PC Bill Warren Office Products YOUR HELP IS NEEDED Help Justice O’Connor spread this message! Encourage an educator to attend the professional development opportunity – Law School

934 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 BAR NEWS

Diversity Committee Introduces New Awards Nomination Deadline June 1

The Oklahoma Bar Association’s Diversity Committee is seeking nominations for its first Ada Lois Sipuel Fisher Diversity Awards. All nominations must be received by June 1, 2012. The Diversity Committee found it most befit- ting to name its award after Ada Lois Sipuel Fisher as she was indeed a champion of the disability, or any other prohibited basis of cause of diversity as the first African-American discrimination woman to attend an all-white law school, the University of Oklahoma College of Law. • Promoted diversity initiatives that establish and foster a more inclusive and equi- The Diversity Committee is accepting nomi- table work environment nations in the following categories: members of the judiciary; licensed attorneys; and groups • Demonstrated continued corporate respon- and entities that have championed the cause of sibility by devoting resources for the diversity. The Diversity Committee will be improvement of the community at large paying tribute to the work and accomplish- • Exhibited insightful leadership to confront ments of the award recipients at the Diversity and resolve inequities through strategic Committee CLE and Awards Luncheon on Oct. decision-making, allocation of resources 18, 2012, that is to be held at the Skirvin Hilton and establishment of priorities Hotel in downtown Oklahoma City. Two more diversity awards will be given to This information regarding the selection crite- licensed attorneys and an additional award ria and nomination process may also be accessed will be given to a member of the Oklahoma at www.okbar.org. For additional information judiciary who has met one or more of the fol- please contact Kara I. Smith at 405-923-8611. lowing criteria: SELECTION CRITERIA AND • Demonstrated dedication to raising issues NOMINATION PROCESS of diversity and protecting civil and human Three diversity awards will be given to a rights business, group or organization that has an • Led the development of innovative or con- office in the state of Oklahoma and has met one temporary measures to fight discrimina- or more of the following criteria: tion and the effects • Developed and implemented an effective • Fostered positive communication and equal opportunity program as demonstrat- actively promoted inter-group relations ed by the organization’s commitment to among populations of different back- the recruitment, retention and promotion grounds of individuals of underrepresented populations regardless of race, ethnic origin, • Participated in a variety of corporate and gender, religion, age, sexual orientation, community events that promoted mutual continued on next page

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 935 respect, acceptance, cooperation or toler- NOMINATION SUBMISSION ance and contributed to diversity aware- • Include name, address and contact number ness in the community and workplace of the nominee. • Reached out to a diverse array of attorneys • Describe the nominee’s contributions and to understand firsthand the experiences of accomplishments in the area of diversity. someone from a different background • Identify the diversity award category (business/group/organization, licensed attorney or judiciary) in which the nominee is being nominated. Submissions must be received by June 1, 2012. Submissions should not exceed five pages in length. Submit nominations to [email protected].

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936 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 LAWYERS FOR HEROES

Welcome Home 45th! By Deborah A. Reheard

It was just a year ago that many OBA members gathered at the Oklahoma City arena for the send-off of the 3,200 soldiers of the 45th Infantry Brigade Combat Team. But while a year may seem like a short time these days, it was many months of grueling battles in primitive conditions for our soldiers and many months of worry and anguish for those family and friends left behind on the home front. The vast majority of the 45th who deployed to Afghanistan last spring are home now. Fourteen paid the ultimate price for our freedoms, giving their lives so that we may continue to enjoy living in the land of the free and the home of the brave. The homecomings held for our returning heroes had a different feel to them as family and friends filled the Air National Guard han- OBA 2011 President Deb Reheard talks with (from left) gar at the Will Rogers Airport day after day Oklahoma Army National Guard Adjunct General Myles as the soldiers returned in groups from 50 Deering, OU All-American and Tampa Bay Buccaneers to more than 200 at a time. defensive tackle Gerald McCoy and OBA member Jeff Har- grave at a recent homecoming. Again, OBA members were there to wel- Photo: Oklahoma Army National Guard come some of these groups home. It is amazing the number of lives the Iraq and them. Hundreds of others have had the benefit of Afghanistan wars have touched. At a recent CLE legal advice without the need to assign a lawyer especially for lawyers committed to giving at to them. But we cannot rest on our laurels. Our least 20 hours of pro bono service for the Okla- biggest battle lies ahead. homa Lawyers for America’s Heroes program, The toll that war takes on our heroes is vast attendees were asked to stand in this order — and varied, and it is not just our citizen soldiers those who served or are serving in the military, who are affected. Oklahomans are serving all those with a family member who has served or is around this world on active duty assignments no serving, those with a friend who has served or is less dangerous than the mission the 45th recently serving. By the end of the list, no one remained completed. Many are returning with nightmares seated. of the horrors they saw. As they try to re-enter Oklahoma Lawyers for America’s Heroes is society as a citizen soldier or remain on active nearly 18 months old now. In that short time, 500 duty in a non-combat mission, the adjustments lawyers have volunteered to give at least 20 hours can be hard. Some return from combat zones to of pro bono legal services to qualified service fight their own private wars on the homefront — members, guard, reserves and veterans. Within divorce, bankruptcy, foreclosures and identity the last few days, the program has helped its theft. And many of our veterans of long ago wars 1,000th hero. And that number only represents face these same issues. those who have been assigned a lawyer to assist

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 937 And along the way, I promise you will be rewarded tenfold. And you will gain valuable knowledge. And you will feel good about being a …along the way, I promise you lawyer. And as an added bonus, you will learn a new language full of acronyms and codes. So I will be rewarded tenfold. leave you with this directive, my fellow OBA members: Charlie Mike! MORE VOLUNTEER LAWYERS NEEDED (Continue Mission) Oklahoma Lawyers for America’s Heroes still Ms. Reheard is the OBA immediate past president needs your help to help those who fought for us. and practices in Eufaula. She chairs the Military While they may be able to find medical, mental, Assistance Committee. employment and financial counseling through other sources provided by the government, they have nowhere to turn for legal assistance except to lawyers. We have a special skill set they need right now. Let’s not leave them behind on this battlefield at home. So, how can you help? Go to www.okbar.org/ heroes and sign up to give at least 20 hours of pro bono service to a hero. Volunteers are needed in all counties with a great demand for family law attorneys in Oklahoma County. Join the Military and Veterans Law Section, new to the OBA in 2012. Join the Military Assistance Committee as it continues the work of the Military Assistance Task Force that was instrumental in developing the heroes program and whose members will be attending many events to render free legal assistance to our heroes, from veterans clinics to yel- low ribbon pre- and post-deployment events.

New Legal Eagles The following is a list of Oklahoma lawyers who have recently taken a case for an America hero.

Kimberly Adams, McAlester Katrina Conrad-Legler, Norman John Graves, Oklahoma City Wayne Bailey, Tahlequah Terri Craig, Wagoner Elaine Green, McAlester Kathy Baker, Grove Gary Crews, Tulsa Mark Grober, Muskogee Joseph P. Balkenbush, Greg Dark, Oklahoma City Kristi Gundy, Norman Oklahoma City Denise Deason Toyne, Tahlequah Jennifer Heflin, Tulsa Carl Barnes, Tulsa Rachael Dewberry, Oklahoma City Sandra Helvey, Pauls Valley Stephanie Bowden, Tulsa Susan Dobbins, Mustang Rex Hodges, Oklahoma City Margo Bowles, Tulsa Valerie Dye, Tulsa Michael W. Hogan, McAlester Sherry Boyce, Stillwater John Eagleton, Tulsa Millicent Hughes, Tulsa Peter Bradford, Oklahoma City Dan Erwin, Chandler Keith Jones, Tulsa M. Renee Bull, Claremore Kenneth Farley, Idabel Jandra Jorgenson, Oklahoma City Martha Cherbini, Muskogee Roger Foster, Clinton David Kisner, Oklahoma City Jason Christopher, Ada Shanita Gaines, Oklahoma City Charles “Tom” Kite, Oklahoma City Roger Coil, Oklahoma City Robert Gifford, Norman Joel Korens, Tulsa

938 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Hans Lehr, Tulsa Shannon Otteson-Gosa, Bret A. Smith, Muskogee James Linehan, Oklahoma City Tahlequah Jeffrey Taylor, Oklahoma city Chad Locke, Muskogee Chance Pearson, Oklahoma City Pat Thompson, Perkins Robert “Bob” Locke, Muskogee Amy Piedmont, Midwest City Margaret Travis, Oklahoma City Randy Long, Enid Sonja Porter, Oklahoma City Michael Trewitt, Ponca City Brad Mallett, Claremore Donelle Ratheal, Oklahoma City Victor R. Wandres, Tulsa Mack Martin, Oklahoma City Amy Reimer Cable, McAlester Ronald Wilkinson, Tulsa Gaylene McCallum, Bartlesville Bruce Shalon, Tulsa Bryon Will, Oklahoma City Gary McKnight, McAlester Susan Shields, Oklahoma City Danita Williams, Stigler Dan Nunley, Tulsa Kara Smith, Newalla Thanks to all volunteers, especially those who are now taking additional cases. For the complete list of Legal Eagles, go to www.okbar.org/eagles.

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Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 939 FROM THE EXECUTIVE DIRECTOR

Some Things I Have Learned By John Williams

As much as we all rely on a wireless printer and want to work through the recommenda- technology, it is a tool and tools use it with portable devices like tions in the next couple of years break or sometimes do not a phone, tablet or laptop, make I am certain we will have some work. Always have an alterna- sure there is compatibility. A challenges. The audit called for tive email address. There are quick Internet search to check us to change to a single operat- many free email services avail- compatibility can save you time ing platform and update a good able. I find that many people and frustration. More and more, deal of our software. In many have “private” email addresses the newer devices seem to pair ways it will be like remodeling they seldom use. It seems odd up easier. However, test before and adding on to an old house. to me that we put at least two you buy, if you can. It will look great when we are through, but it will not be with- phone numbers on our business If you have a good digital out challenges. Hopefully, in correspondence, but only one document management system two years or so, the OBA will email address. If you have mis- and have offsite backup for all have a completely remodeled sion critical email, one sugges- your critical documents you can headquarters and be firmly in tion is to provide a second email suffer almost any disaster in the 21st century with its technol- address just in case one of the your office and be in pretty ogy. The system we are current- services might be down. Put good shape. On more than one ly using was developed in 1999 your second email address in as occasion I have seen our own and has served us well. The end a “cc” and request the recipient Jim Calloway go off to assist game is to have a system that is when replying to use the “reply lawyers who have suffered com- current, user friendly, stable and all” function in answering your plete devastation to their law most importantly enhance our email. This way you are almost office. If you have your files and member service model. It will assured to get the reply even if information electronically stored be another tool. It will not be a your primary email goes down. and backed up offsite, the most substitute for friendly personal Google has a free app that can you have lost is an office loca- service. translate just about any lan- tion, equipment and furnish- guage. While it is not a substi- ings. Otherwise, you have lost a Lastly, if your vision is as tute for being conversant in a law practice. Ethics 2020 being poor as mine and you mix your second language, it can come in developed by the ABA has concentrated weed killer into handy. On an iPhone or an iPad requirements for lawyers to the economy-sized window you can either speak or write have a certain level of technical cleaner container it will still kill and it will instantaneously do ability. Electronic filing is on the weeds and they will be the translation. If you speak into its way and now is the time to cleaner as they are dying. the phone it will translate in invest in the equipment to scan Just some things I have writing and will speak your and store your documents. This learned... words in the desired language. is an old message, but the time There are some applications for may be coming that you may nominal costs that have addi- have a professional responsibili- tional features. These types of ty issue and/or liability for loss applications are also available of client data for failure to prop- for PCs and other types of erly protect it. devices. We have just completed the To contact Executive Director Wil- Not all Bluetooth devices are technology audit that I have liams, email him at [email protected]. equal. For example, if you have previously mentioned. As we

940 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 LAW PRACTICE TIPS

Document Assembly for Lawyers By Jim Calloway

Lawyers have always been clients for paying large sums invest the time to bullet-proof interested in better ways to for merely “papering the deal.” the document production sys- produce legal documents and tem, both to the client’s eco- If law firms were examined correspondence. nomic benefit and to free the from a pure efficiency stan- lawyer from the drudgery of Even before computers, dard, it could be argued that re-proofing the same document memory typewriters allowed many of the document drafting repeatedly. lawyers to reuse forms without retyping the entire document. WAYS TO IMPROVE It now sounds like something DOCUMENT PRODUCTION from the Stone Age, but many Preparing for my document practicing lawyers remember assembly presentation led me the time when editing a docu- to note that there are now sev- ment meant someone had to eral methods of improving retype the whole thing and document production. when a bottle of correction fluid was a part of every typ- The basic level of improve- ist’s arsenal. ment involves making better use of the features in the word What are some methods that processor you own. For exam- can be used to automate the ple, lawyers who draft con- document drafting process tracts may have dozens of today? This is an absolutely “boiler plate” paragraphs that critical topic for all law offices may or may not be included to examine (or reexamine) in in a particular contract. 2012, and it was the topic of These could include items one of my presentations at like definitions, choice of law, ABA TECHSHOW™ 2012. severability, notice provisions, Today there are many pres- warranties and so on. sures on all businesses to oper- and preparation processes are a ate more efficiently. While legal Lawyers can insert those bit cumbersome. But some of documents are individually paragraphs into documents in these practices, like double and crafted for unique situations, minutes, perhaps by copying triple proofreading, are the there is also a certain amount and pasting from a master doc- legal profession’s method of of commonality and routine to ument. But now there are ways quality control because legal many types of documents. to insert standard paragraphs documents are expected to be in a few seconds, rather than in absolutely perfect. Any error in Clients are always going to a few minutes. be willing to pay top dollar for a legal document could have skilled legal tasks, be that liti- serious consequences for the For example, Microsoft Word gation, negotiation, advice or client — and the law firm. in the 2007 and 2010 editions formal opinions from the law- has a feature called Quick Parts Still, one can understand yer. But we will continue to see that allows a lawyer to store a frustration with paying a law- downward pressure on legal library of paragraphs that can yer for proofing and reproofing fees, and we are going to see be quickly inserted into a docu- a document several times. more resistance from business ment. When a Word user clicks Exceptional law firms will on Insert and then Quick Parts,

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 941 a menu will drop down a list of Robert Ambrogi just pub- In particular, I examined two these stored paragraphs that lished a review of the land- products: Pathagoras™ (www. can be selected and inserted scape titled Web-Based Practice pathagoras.com) and The Form into a document. Management Programs Add Tool™ (www.theformtool.com). Document Assembly which is Adding a paragraph to the Both of these programs allow a now online at www.okbar.org/ Quick Parts list so it can be lawyer to set up a document s/docassembly. (You may have reused is extremely easy. You that can be automatically filled to sign up for a free subscrip- select (highlight) an existing with absolutely no program- tion to Law Technology News paragraph in a Word Docu- ming skills. Both programs to read it, but there’s nothing ment or Outlook Email, and allow you to save a client data wrong with doing that.) choose — Insert- Quick Parts- file for future uses. Save Selection to Quick Part In Pathagoras, one can just Gallery. The next time you use replace the various variables in Quick Parts that item will be a document with the name of included in your options. For the variable surrounded by more on Quick Parts see If you can brackets. Then, Pathagoras can www.okbar.org/s/quickparts. create documents be used to scan the document AutoCorrect is the Microsoft and generate a table for all of Word feature we are familiar in minutes... the variables that need to be with that magically corrects entered. Enter the information misspelled words right before you probably don’t and the document will be com- our eyes. But a user can also pleted in seconds, even if it is create a unique set of letters want to be charging a long document with many that will expand into sentences instances of the variables or paragraphs. (Do not use real by the hour. being used. words for this purpose.) As an example, lawyers could create The Form Tool has an inter- an addition to AutoCorrect esting graphic interface that allows a user to customize his named something like JimSig to Perhaps the market leader expand to create the lawyer’s or her form documents into a in document automation is fillable form. One particular signature block on a pleading. Hotdocs™. It has enormous For more on AutoCorrect, see feature of The Form Tool is that power. The knock on Hotdocs it retains at the bottom of the www.okbar.org/s/auto. has been that its power means document the table that was a great deal of study and train- Another form of document used to place the data into the ing is required before usable assembly is having a client document. This means that the database, often in a practice automated documents can be lawyer can easily proof a long management system, from prepared. For smaller law document by carefully proofing which data can be pulled to firms, this has been an obstacle. the entries that were entered be inserted into certain docu- But my co-presenter at ABA ments. That is a great benefit to TECHSHOW, Diane Ebersole, into the document assembly those who have taken the time State Bar of Michigan practice program. to set up their case manage- management advisor, knows Pathagoras has a free 90-day ment software properly. While how to make Hotdocs sing trial and The Form Tool has a document assembly had exist- and dance. free version and a Pro version. ed for a while in the installed MICROSOFT WORD Pathagoras costs $379 for the practice management software PLUG-INS first user with discounted pric- universe, it has been interesting ing for additional users. The I’m particularly interested in to watch all of the cloud-based Pro version of The Form Tool™ the new generation of docu- practice management vendors costs $89. announce document assembly ment assembly programs that solutions within the last several function as plug-ins to Micro- After visiting the exhibition months. These include Clio, soft Word and utilize the hid- hall at ABA TECHSHOW, Bob Rocket Matter, HoudiniESQ, den power of Word. Ambrogi wrote a nice review Firm Manager from LexisNexis on his Law Sites blog titled and MyCase. ‘TheFormTool’: Smart, Simple

942 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Document Assembly, and you can read it FROM THE PRESIDENT at Law Practice Tips www.okbar.org/s/ formtool. cont’d from page 868 IMPLICATIONS FOR BILLING Without adequate funding, the courts cannot address issues concerning court organization and Of course, one cannot discuss automating structure, case flow management and developing document assembly processes without also technology, all of which directly affect judicial paying attention to the business implications. efficiency and economy. Without adequate fund- This is the classic case for employing a method ing, the court faces challenges in successfully other than hourly billing. Switching to charging completing its charge in a democratic society — a client a fee per document produced rather prompt and independent application of the rule than charging based on the hours invested on of law. A fair and just legal system requires a that document presents a win-win for both firm and stable financial foundation. lawyers and clients. For the client, it can lead to reduced costs. For the lawyer, after the invest- State court judges must be adequately paid. ment of time in setting up the system, there Judgeships should be attractive to successful will be much less time invested in a particular lawyers in the prime of their lives. In speaking document. about the erosion of federal judicial pay, Chief Justice John Roberts stated that the judiciary will In the future we will likely see more blended soon be restricted to “(1) persons so wealthy that fee contracts with hourly rates charged for they can afford to be indifferent to the level of some tasks, along with a schedule of flat fees judicial compensation, or (2) people for whom for certain documents. the judicial salary represents a pay increase.” The same caution applies for state court judges and Between the bloggers, tweeters and tradition- their judicial pay. State judiciaries handle al media, there’s a fair amount of online cover- approximately 95 percent of all cases filed in the age of ABA TECHSHOW. The quote from me United States, according to the National Center that was most tweeted during the conference for State Courts. was, “If you can create documents in minutes.... you probably don’t want to be charging by the In keeping with the spirit of Law Day, I hour.” That observation still makes sense to me, encourage you to communicate directly with leg- two weeks after the show. islators about court funding needs. Build relationships with state leaders and continue to dis- Editor’s Note: A different version of this article cuss court funding issues with them long after previously appeared in the March 2012 edition of Law Day. This is a topic deserving of year round Lawyers USA and is published with permission. discussion! The judiciary is a co-equal branch of Mr. Calloway is director of the OBA Management government responsible for protecting our rights. Assistance Program. Need a quick answer to a tech It is essential that Oklahomans enjoy a judicial problem or help resolving a management dilemma? branch of government that is independent, ade- Contact him at 405-416-7008, 800-522-8065 or quately funded and compensated, and equipped for efficiency. The growth of our economy and [email protected]. It’s a the liberty of our citizens depend on it! free member benefit! Law Day celebrations will occur in almost every one of Oklahoma’s 77 counties. I hope you make it a personal priority to find the time to join your professional colleagues and celebrate Law Day events. Would you consider volunteering to lead a Law Day celebration in your local community at a civic event, school or church to explain what courts do and why they are so essential? Law Day is your opportunity to advocate for preservation of our justice system. Our courts, our justice and freedom each depend upon the other to guard our rights and preserve our free society. Showcase your advocacy skills and your love for our constitutional democracy, otherwise…No courts. No justice. No freedom.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 943 ETHICS & PROFESSIONAL RESPONSIBILITY You Don’t Have to Clock Out at Five Personal Behavior and Your Law License By Gina L. Hendryx

The practice of law is a assist or induce another to tion. Traditionally, the distinc- profession. The privilege to do so, or do so through the tion was drawn in terms of do so is earned through study, acts of another; offenses involving “moral tur- examination and licensure. pitude.” That concept can be (b) commit a criminal act Unlike other employment, construed to include offenses that reflects adversely on your personal behavior can concerning some matters of the lawyer’s honesty, trust- negatively impact the oppor- personal morality, such as worthiness or fitness as a tunity to pursue your profes- adultery and comparable lawyer in other respects; sion. The following is a survey offenses, that have no specific of cases, primarily from Okla- (c) engage in conduct connection to fitness for the homa, that review personal involving dishonesty, practice of law. Although a choices which have impacted fraud, deceit or misrepre- lawyer is personally answer- upon the professional’s con- sentation; able to the entire criminal law, tinued practice of law. a lawyer should be profession- (d) engage in conduct that ally answerable only for A lawyer may be disciplined is prejudicial to the admin- offenses that indicate lack of for actions not related to the istration of justice; those characteristics relevant practice of law. Professional to law practice. Offenses discipline may be warranted (e) state or imply an ability involving violence, dishones- for personal behavior if that to influence improperly a ty, breach of trust, or serious behavior reflects adversely on government agency or offi- interference with the adminis- the lawyer’s fitness to practice cial or to achieve results by tration of justice are in that law. Oklahoma Rule of Profes- means that violate the category. A pattern of repeated sional Conduct 8.4 sets out Rules of Professional Con- offenses, even ones of minor when personal misconduct duct or other law; or significance when considered may be the basis for profes- (f) knowingly assist a judge separately, can indicate indif- sional scrutiny. or judicial officer in conference to legal obligation. OKLAHOMA RULES OF duct that is a violation of TAX LAW VIOLATIONS PROFESSIONAL CONDUCT applicable rules of judicial CHAPTER 1, APP. 3-A MAIN- conduct or other law. Violations of the tax code TAINING THE INTEGRITY Comment are included within the defini- OF THE PROFESSION tion of ORPC 8.4 (b) when [2] Many kinds of illegal Rule 8.4 Misconduct they are also criminal offenses. conduct reflect adversely on In State ex rel. Oklahoma Bar 1) It is professional miscon- fitness to practice law, such as Association v. Strickland, 2011 duct for a lawyer to: offenses involving fraud and OK 54, 256 P.3d 76, Strickland the offense of willful failure (a) violate or attempt to had pled guilty and had been to file an income tax return. sentenced for the offense of violate the Rules of Profes- However, some kinds of sional Conduct, knowingly willful failure to file an offense carry no such implica- income tax return for the year

944 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 2003. Upon de novo review, the imposed in cases of alcohol- Oklahoma Supreme Court related offenses. While alco- held the appropriate profes- Attorney discipline holism alone is not enough sional discipline to be a public to mitigage discipline, the censure. In imposing disci- cases are determined fact that an attorney recog- pline the court agreed with nized his or her problem, the following statement of the on a case by case sought and cooperated in sentencing judge: basis due to treatment and was willing This is a serious offense. We to undergo supervision has have to promote respect for the different convinced the court that the law [because] our tax severe discipline need not system depends on volun- circumstances be imposed. State ex rel. tary compliance and, if it Oklahoma Bar Association v. seemed that someone who posed. Carpenter, 1992 OK 86, 363 does not file their tax returns P.2d 1123. bears no [consequence], then Most reported discipline that’s not going to deter, cases involve multiple alcohol help deter other folks from The Oklahoma Supreme offenses. Minor criminal following in that path.” Court has several attorney offenses that do not reflect Strickland at ¶12. discipline opinions wherein adversely on a lawyer’s fit- drug related offenses were the VIOLENT CRIMES ness to practice law are not underlying violation. covered by Rule 8.4. Convic- The Oklahoma Supreme Felony drug offenses are of tions for DUI do not facially Court has held that ORPC 8.4 great concern to this court, demonstrate a lawyer’s unfit- (b) is violated when a lawyer both because of their crimi- ness to practice law. All cir- engages in unlawful acts of nal nature and because cumstances must be investi- violence. Attorney disciplin- addiction prevents an attor- gated including, but not limit- ary proceedings were initiated ney from adequately caring ed to, previous charges, after an attorney was arrested for the legal affairs of his cli- impact upon clients, other and charged with felony alcohol related offenses, etc. assault with a dangerous ents, putting the public in danger. (Citations omitted). See State of Oklahoma ex rel. weapon. The attorney entered Oklahoma Bar Association v. an Alford plea to the reduced State ex rel. Oklahoma Bar Association v. Blackburn, 1999 Armstrong, 1992 OK 79, 848 charge of misdemeanor P.2d 538. assault and battery. The charg- OK 17, ¶12, 976 P.3d 551. es stemmed from a physical ALCOHOL OFFENSES SEX WITH CLIENTS altercation with a non-lawyer Alcohol related offenses do Sexual relationships in the parking lot of a local between lawyer and client are business. The court noted that not always equate to discipline charges. often the basis for discipline the altercation did not involve proceedings. The Oklahoma any attorney/client relation- Attorney discipline cases are Supreme Court first addressed ships. However, “[d]iscipline determined on a case by case the issue in 2005. In the disci- may be imposed on an attor- basis due to the different cir- pline matter, the attorney was ney acting outside of an attor- cumstances posed. This is espe- involved in a consensual sexu- ney-client relationship.” State cially true when alcohol related al relationship with his ex rel. Oklahoma Bar Association offenses are the basis for attor- divorce client. The lawyer had v. Hayes, 2011 OK 71, ¶13. The ney discipline charges. known his client for seven court suspended Hayes for 30 years prior to forming the Discipline imposed in cases days and ordered him to pay attorney-client relationship. involving alcohol related the costs of the disciplinary The complaint against the crimes has ranged from the investigation. lawyer was filed by opposing severe, when coupled with DRUG OFFENSES counsel. harm to clients, to censure, Drug related offenses often when no clients were This case is the first in lead to discipline for violating involved. Probationary which this court has been Rule 8.4 (b). periods have often been presented with the issue of

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 945 whether a lawyer who (j) A lawyer shall not have attorney and ordered him dis- engages in a sexual rela- sexual relations with a cli- barred for the conduct. tionship with a client ent unless: 1) a consensual In attorney discipline mat- involved in a divorce pro- sexual relationship existed ters, the Oklahoma Supreme ceeding violates the rules between them when the cli- Court functions as an adjudi- governing lawyers’ conduct ent-lawyer relationship cative licensing authority that if the client admittedly con- commenced and 2) the rela- exercises exclusive original sented to the relationship. tionship does not result in a cognizance. State ex rel. Okla- …This court unequivocally violation of Rule 1.7(a)(2). homa Bar Association v. Giger, recognized that a lawyer’s ORPC 1.8 (j). 2001 OK 96, ¶5, 37 P.3d 856. sexual advances toward a client exploit the attorney- PRE-ADMISSION The Oklahoma Supreme client relationship and con- CONDUCT Court bears the ultimate stitute professional miscon- Lawyers may be disciplined responsibility for deciding duct which will result in for conduct that occurred whether misconduct has discipline. State ex rel. Okla- prior to admission to the bar. occurred and what discipline homa Bar Association v. In State ex rel. Oklahoma Bar should be imposed. The Downes, 2005 OK 33, §28-29, Association v. Flanery, 1993 OK important lesson to be learned 121 P.3d 1058. 97, 863 P.2d 1146, Flanery from those who have been disciplined for nonlawyer con- Subsequent to the Downes embezzled $71,000 from rela- duct is that your actions away decision, the Oklahoma tives over a three-year period. from the office can significant- Supreme Court adopted sig- The embezzlements ended ly impact your ability to prac- nificant changes to the ORPC. about one or two months tice law. It is now a conflict of interest prior to Flanery being licensed to have sexual relations with a as an attorney. The Oklahoma Ms. Hendryx is OBA general client unless the sexual rela- Supreme Court held it had counsel. tionship existed prior to the jurisdiction to discipline the client-lawyer relationship.

946 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 BOARD OF GOVERNORS ACTIONS

February Meeting Summary

The Oklahoma Bar Association Director Combs on budget sition meetings with President Board of Governors met at Post issues and met with Executive Christensen and President- Oak Lodge in Tulsa on Friday, Director Williams on several Elect Stuart, Section Leaders Feb. 17, 2012. OBA matters. Council meeting, Military Assistance Committee meet- REPORT OF THE REPORT OF THE ing, Southern Conference of PRESIDENT VICE PRESIDENT Bar Presidents meeting, President Christensen Vice President Stockwell National Conference of Bar reported she attended the reported she attended the Presidents meeting, ABA Okla- swearing in at the Supreme swearing in, January board homa Delegates meeting and Court Courtroom, January meeting, dinner hosted by the ABA House of Delegates. board meeting, has been din- 2011 board has beens, Section REPORT OF THE ner hosted by Past President Leaders Council meeting, EXECUTIVE DIRECTOR Smallwood and other gover- Lawyers Helping Lawyers nors ending their service on Assistance Program meeting, Executive Director Williams the board, National Confer- LHL Fundraising Subcommit- reported he attended the Law- ence of Bar Presidents in New tee meeting and Technology yers Helping Lawyers Assis- Orleans, Southern Conference Committee meeting. tance Program meeting, tech of Bar Presidents in New audit review meeting, Section Orleans, dinner conference REPORT OF THE Leaders Council meeting, tech with State School Superinten- PRESIDENT-ELECT audit meeting, legislative read- dent Janet Barresi to discuss President-Elect Stuart ing day, NABE/NCPB meet- OBA LRE activities, several reported he attended the ing and staff meeting on tech LHLAP Committee meetings, January Board of Governors governance. He spoke at the several meetings with CLE swearing in, has been party, Bricktown Rotary meeting, Director Douglas regarding January board meeting, OBA met with the dean and staff at 2012 CLE events, Solo and legislative overview, February University of Tulsa and met Small Firm Conference Com- Pottawatomie County Bar with the designer on furniture mittee meeting, governor’s Association meeting, ABA for the LRE Department. He 2012 state of the state address, midyear meeting in New also made a site visit to Post Section Leaders Council meet- Orleans and OBA Bar Center Oak Lodge before the upcoming, Professionalism Commit- Facilities Committee meeting. ing retreat. tee meeting and Technology Committee meeting. She had REPORT OF THE PAST BOARD MEMBER REPORTS lunch with Supreme Court PRESIDENT Governor DeMoss reported board liaison Justice Kauger, Past President Reheard she attended the board meet- conducted transition meetings reported she attended the ing in January, swearing-in with Past President Reheard ceremonial swearing-in of ceremony of new officers and and President-Elect Stuart, President Christensen, Vice governors, has been farewell presented a CLE to the Ponto- President Stockwell, President- party, OBA Diversity Commit- toc County Bar Association, Elect Stuart, Governors Smith, tee meeting, OBA Section met with OCU representatives, Hays, Parrott, Thomas and Leaders Council meeting and Director Douglas and LRE YLD Chair Kirkpatrick. She Tulsa County Bar Foundation Coordinator McConnell to also attended the January board meeting. Governor continue planning the Justice board meeting, dinner hosted Devoll reported he attended O’Connor events, met with by 2011 board has beens, tran- the swearing-in ceremony for

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 947 new Board of Governors mem- ing and the has been party. COMMITTEE LIAISON bers, board has been party, Governor Shields reported REPORTS January Garfield County Bar she attended the OBA Board of Association meeting and Janu- Governor Hays reported the Governors swearing in, has Law Day Committee received ary Board of Governors meet- been party, January board ing. Governor Hays reported a total of 1,414 contest entries meeting and ABA midyear and the date for the Ask A she attended the OBA Board of meeting in New Orleans as Governors swearing in, has Lawyer TV show and state- president-elect of the Oklaho- wide free legal advice will be been party, January board ma Bar Foundation. She also meeting, OBA Family Law Thursday, April 26. She report- worked on LHL Foundation ed the Solo and Small Firm Section January monthly meet- tax exemption application ing/CLE, OBA Solo and Small Conference Committee has matters. Governor Smith Firm Conference Planning finalized arrangements to reported he attended the Committee meeting, OBA move the conference to the Communications Committee board swearing-in ceremony, Choctaw Casino Resort in meeting, OBA Family Law January board meeting and Durant. Confirmation of Section Leadership retreat, has been party. He also met speakers and their topics is meeting with the OBA FLS with the Muskogee County almost complete. She said the chairperson and Tulsa County Law Day chair regarding Law Communications Committee is Bar Association Golf Tourna- Day plans. Governor Thomas working on developing a CLE ment Committee meeting. She reported she attended the presentation for the OBA. Past prepared the OBA Family Law swearing in at the Supreme President Reheard reported a Section monthly budget Court, January Board of Gov- Boot Camp CLE for Oklahoma report, consulted with the Law ernors meeting, has been party Lawyers for America’s Heroes Day Committee chairperson and Washington County Bar volunteers will be held Feb. 22 regarding meeting events and Association meeting. in Tulsa. President Christensen chaired the TCBA Family Law shared the details of the March Section meeting. Governor REPORT OF THE YOUNG 27 LHL Foundation’s CLE Meyers reported he attended LAWYERS DIVISION Banquet and Auction being the swearing-in ceremony, Jan- planned by the Lawyers Help- Governor Kirkpatrick reporting Lawyers Assistance Pro- uary board meeting, has been ed the division will tape a party and January Comanche gram Committee. video to accompany the legal County Bar Association meet- guide for young adults that is PERSONNEL POLICY ing. Governor Pappas report- being updated. She hosted the AMENDMENT – OPEN ed she attended the board DOOR POLICY meeting in January, swearing- ABA YLD chair and ABA YLD in ceremony of new officers secretary/treasurer for dinner President Christensen said and governors, has been fare- in Oklahoma City, held an ori- this item was discussed at the well party, evening event for entation for the newly elected December 2011 meeting, and Payne County Bar Association OBA YLD board members, an amendment was approved. women attorneys, OBA Tech- conducted the January OBA However upon further nology Committee meeting YLD board meeting and host- review, no one could remem- and a Payne County Bar Asso- ed the roast and toast of Roy ber the exact amendment, ciation memorial service. Gov- Tucker, outgoing YLD chair. and it was determined the ernor Parrott reported she She also attended the board intent of the amendment attended the OBA swearing-in swearing-in ceremony, January was already addressed in the ceremony, January OBA board board meeting, has been din- proposed policy. The board meeting and the has been ner and three events in New approved the policy with no party. Governor Poarch Orleans — ABA YLD Council amendment. reported he attended the has Leadership meeting, ABA YLD COMMITTEE ON been party and OBA Bench Assembly at the ABA midyear JUDICIAL ELECTIONS and Bar Committee meeting. meeting and ABA House of APPOINTMENT Governor Rivas reported he Delegates at the ABA midyear attended the OBA Board of meeting. The board approved Presi- Governors swearing in, Janu- dent Christensen’s recommen- ary Board of Governors meet- dation to appoint lay person

948 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Penny Stallings, Holdenville, to SECTION LEADERS project will become a higher serve an eight-year term, expir- COUNCIL UPDATE priority. Executive Director ing 12/31/19 on the Committee Williams stated there are 3,500 Past President Reheard on Judicial Elections. pages of content on the web- reported the first meeting was site. IS Manager Watson said it BOARD OF EDITORS held Jan. 30. Discussed at the is not too early to begin con- APPOINTMENT meeting was that some sec- tent review. tions were not functioning but The board approved Presi- still collecting dues. Subcom- OBA DIRECTOR dent Christensen’s recommen- mittees were created with RESIGNATION dation to appoint Judge Allen Governor DeMoss chairing the J. Welch, Oklahoma City, as review of section rules, and President Christensen associate editor to complete Mike Wofford to chair bylaws. reported that Educational Pro- the unexpired term of Leslie She said the House Counsel grams Director Douglas has Taylor, with a term that Section has requested to be submitted her resignation to expires 12/31/13. sunset. The next meeting will accept another position. Her take place in late March. last day will be March 2, 2012. PRC ANNUAL REPORT Board members reviewed the OPEN RECORDS General Counsel Hendryx job description, previous ad COMPLAINT reviewed the requirement of for the position and a proposed new advertisement. the Professional Responsibility Executive Director Williams Commission to annually reported Attorney General PERSONNEL POLICY report its activities. She sum- Pruitt’s office has said the AMENDMENTS marized the work of the Office OBA does not need to take any of the General Counsel, which action on an Oklahoma open President Christensen dis- averages receiving six com- records complaint that was cussed board involvement in plaints each working day. She submitted to the AG office. the hiring and firing process said the numbers contained of management level posi- REPORT OF THE GENERAL in the report have stayed con- tions. Executive Director Wil- COUNSEL sistent with previous years. liams made comments, and discussion followed. The She also complimented MAP General Counsel Hendryx Director Calloway and Ethics briefed board members on the board voted to amend para- Counsel Pickens on their class- activities of a man who has graph 5 to read: es taught for the diversion made threats against OBA staff No new management level program. She said the number members periodically over the positions shall be autho- of private reprimands by past two years. He lives out of rized or created without the Supreme Court is down state but traveled to Oklahoma Board of Governors’ because more people are in the City recently before returning approval. Board of Gover- diversion program. She report- home. The FBI was made nors’ approval shall be ed that Tommy Humphries aware of his actions, and extra required to hire directors, has been hired to fill the new security in the bar center was coordinators, administrators attorney position in her arranged. Board members and/or department heads. department. praised Executive Director Williams and General Counsel The board voted to amend sec- PRT ANNUAL REPORT Hendryx on the handling of tion Q. Dismissal to read: General Counsel Hendryx the situation. Any employee may be dis- reported the Professional WEBSITE DEVELOPMENT missed at any time with or Responsibility Tribunal has without cause. The Execu- prepared its own report of its President Christensen said tive Director has the respon- activities during the past year. work on a redesign and reor- sibility and authority for She praised the PRT members ganization of the OBA website dismissal of a support staff who serve and noted the sacri- needs to be back on the “to employee. The Executive fice they make in giving of do” list as a long-term project. Director may delegate their time. She said that once decisions authority for dismissal of a are made on which operating support staff employee to system the OBA will use this the appropriate director,

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 949 coordinator, administrator EXECUTIVE SESSION ma Bar Center in Oklahoma and/or department head. City, and a summary of those The board voted to go into actions will be published after The board voted to add as the executive session. The board the minutes are approved. The first paragraph to section Q: met in session and voted to next board meeting will be The Board of Governors’ come out of executive session. held April 25, 2012, at the approval shall be required NEXT MEETING Oklahoma Bar Center in to dismiss a director, coordi- Oklahoma City. nator, administrator and/or The Board of Governors met department head. March 14, 2012, at the Oklaho-

www.okbar.org Your source for OBA news.

At Home At Work And on the Go

950 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 BAR FOUNDATION NEWS

Cy Pres? S’il Vous Plait! By Susan Shields

The Cy Pres doctrine (from for dealing with any residual the French term “Cy Pres The OBF’s mission funds that may remain at the comme possible,” meaning “as end of any claims administra- near as possible”) is a court- of improving access to tion. A Cy Pres award support- approved method of distribut- ing the OBF merits consider- ing a damage fund when the justice for those less ation during these negotia- original purpose cannot be tions. Oklahoma, unlike some achieved. In recent years, Cy fortunate makes it an other states, does not have a Pres awards have been a sig- specific statute governing the nificant source of additional ideal match for class allocation of residual funds in funding for the Oklahoma Bar a class action context.2 Howev- Foundation (OBF), which for action Cy Pres er, Oklahoma courts have Oklahoma lawyers is the “next often directed Cy Pres funds to best use” in any type of class awards… the OBF. Likewise, federal action case or other matter courts under the Federal Rules involving unallocated discre- of Civil Procedure frequently tionary funds. The OBF’s mis- direct residual funds in federal sion of improving access to class actions to charitable the award, or it is not possible justice for those less fortunate organizations such as the OBF. to determine each plaintiff’s makes it an ideal match for Often the driving force for Cy actual damages or share of the class action Cy Pres awards, Pres awards to charitable orga- settlement fund. Under the since an underlying premise nizations such as the OBF is doctrine of Cy Pres, judges and for all class actions is to make the plaintiff’s counsel, but attorneys can recommend that access to justice a reality for defense counsel also frequent- residual funds be put to their people who otherwise would ly welcomes a Cy Pres remedy “next best use” for the aggre- not be able to obtain the pro- as a way for their client to gate, indirect and prospective tections of the court system. resolve the case and obtain benefit of the class members. some positive publicity from WHERE DOES A CY PRES AWARD COME FROM? Whatever the amount, the the settlement. The OBF can court must determine how to be a resource in providing Typically at the conclusion distribute these leftover counsel with sample language of a class action where damag- funds.1 In these instances, for pleadings in directing Cy es have been awarded to class courts have the discretion to Pres awards to the OBF. members, a fund is created. distribute the remaining funds WHAT DOES THE OBF DO After class members’ claims to charitable organizations, WITH CY PRES AWARDS? are paid, there is frequently an such as the OBF, under the Cy amount remaining because Pres doctrine. When negotiat- Cy Pres awards have made members of the class cannot ing a fund settlement, class possible a number of success- be located, not all members of action practitioners should ful charitable projects and ini- a class collect their portion of discuss a precise mechanism tiatives over the past several

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 951 years and have enabled the provide for such things as dig- wide range of interests and OBF to provide ongoing sup- ital court reporting systems expertise come together to port for these efforts. The OBF and sound equipment, audio strategically and objectively uses a substantial portion of visual equipment for the allocate resources to support the Cy Pres awards received to courts, technology upgrades dozens of outstanding law- support the court systems in and Wi-Fi systems for the dis- related programs and initia- Oklahoma and the work of trict court of Tulsa County and tives, making OBF an attractive our communities’ pro bono the district court of Oklahoma charitable investment choice and legal aid organizations, County, waiting area improve- for Cy Pres awards. and Cy Pres awards play a ments to the Juvenile Justice Thanks to members of the critical part in the OBF’s abili- Center, educational displays, Oklahoma Bar Association, ty to provide that support. computer equipment and soft- the OBF has been fortunate to The OBF maintains a fund ware, video equipment and receive a number of generous specifically for the benefit of other items. An additional Cy Pres awards since 2006. Oklahoma district and appel- approximate $100,000 in These awards have been key late courts known as the “OBF awards is projected to be components for growth and District Court and Appellate made by the OBF from the outreach for the OBF’s charita- Court Grant Fund.” There is a Court Grant Fund during ble missions and have enabled separate grant cycle for the 2012. The OBF Court Grant the OBF to provide for increas- Court Grant Fund each year, Fund allows the OBF to part- es in overall grant awards for with applicants completing a ner with Oklahoma counties new initiatives across the state. formal grant application and to provide improvements to Additional Cy Pres awards to receiving a personal interview the courts that otherwise the OBF can and will make a with the OBF Grants and would not be possible, and tremendous difference to bene- Awards Committee. The pri- provides funds for improve- fit courts throughout Oklaho- mary purpose of the fund is ments to our court systems ma and to further the other for capital improvements and which benefit all users of charitable missions of the OBF. extraordinary expenditures of Oklahoma courts thereby fur- Please consider the OBF in Oklahoma district and appel- thering the OBF mission of any cases in which you are late courts necessary to pro- access to justice for all. involved that have the poten- mote the administration of WHAT CAN YOU DO tial of remaining Cy Pres justice. TO FURTHER THE fund distributions. Since 2006, the OBF has CHARITABLE MISSION Ms. Shields is president-elect of received over $3.3 million in OF THE OBF? the Oklahoma Bar Foundation. Cy Pres awards due to the The OBF’s mission of generosity and forethought of “advancing education, citizen- 1. For a detailed look at Cy Pres awards Oklahoma attorneys and other ship and justice for all” makes and how they can be used, See In re Holocaust counsel in various class action Victim Asset Litig., 424 F.3d 158, 163 (2nd Cir. it a perfect match for class 2005), and Kevin M. Forde, “What Can a matters. These awards have action Cy Pres awards. Court Do with Leftover Class Action Funds? allowed the OBF to make Almost Anything!,” 35 JUDGES’ JOURNAL 9 Through the OBF’s compre- (Summer, 1996). grant awards from the fund hensive grant award process, 2. Cal. Cod Civ. Proc. §384; 735 ILCS. to 25 courts across the state in §5/2-807; Mass. R. Vic. P. 23(e); N.C. Gen. applicants and a panel of Stat. §1-267.10; S.D. Codified Laws §16-2-57; the total amount of $218,337 diverse individuals with a and Wash. CR 23(f). through calendar year 2011 to

952 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 # # # % "% % # # # $ $!.,),/ " 0,*.+&,),/ # '$ #-).&-*/&0)0)

Additional Cy Pres awards to the OBF can and will make a tremendous difference…

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 953 ACCESS TO JUSTICE

Committee to Help Take on Least Understood Branch Project By Richard L. Rose

Politicians and interest help citizens understand that democratic society. The train- groups regularly issue dark judges are different from other ing is meant to encourage and warnings to judges, simply elected officials. They do not help judges and lawyers to because they disagree with the spread their knowledge to judges’ decisions. There is no classes and community groups place for this in our country. A and to prepare them for the fair and impartial judiciary is kinds of questions and miscon- essential to democracy and The goal of ceptions they will face. protects our rights under the Mr. Rose practices in Oklahoma Constitution. When our found- the project is to City and chairs the Access to Jus- ers wrote the Constitution, they tice Committee. purposely shielded courts from help citizens political influence so judges could protect our freedom — understand that judges a revolutionary idea. This year the OBA Access to are different from other Justice Committee is focusing on projects designed to educate elected officials. and empower the citizens of Oklahoma. The new project the committee has taken on this represent any group or ideolo- year is the Least Understood gy. Their job is to take the facts Branch (LUB) Project. To many of a case and apply the law to Americans, what goes on in produce a decision that is true courtrooms, from the local to the law, regardless of how courthouse to the U.S. Supreme they feel about the outcome Court, is a mystery. Such igno- and regardless of who is helped rance about one of the three or hurt. Naturally, this can lead branches of government reduc- to unpopular decisions. es trust in the judicial system. This is an effort to focus on the In furtherance of the LUB judicial branch of government Project, the committee hopes to and its role in government. partner with the ABA on this project and to utilize the avail- As lawyers, generally we rec- able ABA materials, in addition ognize the importance of fair to developing customized and impartial courts in our materials for Oklahoma and a democracy to every possible video to help educate Oklaho- venue in their communities. mans on the importance of fair The goal of the project is to and impartial courts to our

954 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 YOUNG LAWYERS DIVISION

April 27 to be YLD Community Day of Service in Oklahoma By Jennifer Heald Kirkpatrick

As discussed in my first arti- er who would like to have an building led by Supreme Court cle of the year, the YLD is attorney in the classroom, Justice Yvonne Kauger. Justice focusing on education this year. please contact Joe Vorndran at Kauger also explained the On April 27, 2012, we will be [email protected]. appeals process and the educa- giving presentations based on tional path from law student to You don’t have to wait for the newly updated “You’re 18 judge. As a parting gift, she April 27 for the release of the Now – It’s Your Responsibility” bestowed each student with a “You’re 18 Now – It’s Your legal guide in more than 50 poster illustrating Native Responsibility” to get involved high schools across the state for American art. The students in the classroom. In fact, the our third annual Community also spent time with Alterna- Lawyers in the Classroom pro- Day of Service. The legal guide tive Dispute Resolution Sys- gram, sponsored by the Law- is a pamphlet that provides tems Director Sue Tate, House related Education Committee, information to high school Speaker Pro Tempore Jeff Hick- has been assisting lawyers with seniors about the rights and man, Sen. Patrick Anderson the materials and training responsibilities associated with needed to get involved in the turning 18 and becoming an classroom for several years. adult. The YLD has prepared a Interested in making a First-year attorney Christa short video for use in the pre- presentation on April 27, Evans worked with Lawyers in sentations that highlights sev- the Classroom to bring gifted or know of a high school eral areas of the guide in a fun and talented students from teacher who would like to and entertaining way. There is Cherokee to visit the Capitol have an attorney in the still time to get involved in this and the Administrative Office classroom? great project. of the Courts. Contact Joe Vorndran at If you are interested in mak- Highlights of the day-long [email protected]. ing a presentation on April 27, program included a tour of the or know of a high school teach- new Oklahoma Judicial Center continued on next page

Christa Evans and Sen. Patrick Anderson (both far left) pose with students and a teacher from Cherokee who came to Oklahoma City to visit the Capitol and Oklahoma Judicial Center.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 955 and former Oklahoma Rep. organization saying, “Oklaho- please contact Law-related Thad Balkman. ma Lawyers in the Classroom Education Committee Chair is an incredibly rewarding and Suzanne Heggy at sheggy@ At the end of the day, Ms. fun way to get involved and okcca.net. Evans said that the students promote civics education. I gained a newfound respect for Ms. Kirkpatrick practices in enjoyed the day just as much lawyers. “After exposure to Oklahoma City and chairs the as the kids and would recom- who we are and what we do, YLD. She can be reached at mend the program to anyone.” they understood the practice of [email protected]. law is a noble, helping profes- For more information on sion,” she said. She encourages how you can get involved with attorneys to volunteer with the Lawyers in the Classroom,

956 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 Calendar April

17 OBA Bench and Bar Committee Meeting; 25 OBA Board of Governors Meeting; 9 a.m.; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Oklahoma Bar Center, Oklahoma City; Contact: Tulsa County Bar Center, Tulsa; Contact: Barbara John Morris Williams 405-416-7000 Swinton 405-713-7109 OBA Clients’ Security Fund Committee Meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma City and OSU OBA Law Day Committee Meeting; 12 p.m.; 18 Tulsa; Contact: Micheal Salem 405-366-1234 Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Tina Izadi 405-522-3871 26 OBA Leadership Academy; 8:30 a.m.; Oklahoma Bar OBA Women in Law Committee Meeting; Center, Oklahoma City; Contact: Heidi McComb 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and 405-416-7027 Tulsa County Bar Center, Tulsa; Contact: Deirdre Dexter OBA Ask A Lawyer; OETA Studios, Oklahoma City 918-584-1600 and Tulsa; Free legal advice 9 a.m. - 9 p.m.; TV show 7- 8 p.m. Contact: Tina Izadi 405-522-3871 19 OBA Access to Justice Committee Meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City and New Admittee Swearing In Ceremony; 10 a.m.; Tulsa County Bar Center, Tulsa; Contact: Rick Rose Supreme Court Ceremonial Courtroom, State Capitol; 405-236-0478 Contact: Board of Bar Examiners 405-416-7075 OBA Work/Life Balance Committee Meeting; Oklahoma Uniform Jury Instructions Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: County Bar Center, Tulsa and teleconference; Contact: Chuck Adams 918-631-2437 Sarah Schumacher 405-752-5565 OBA Men Helping Men Support Group; 5:30 p.m.; OBA Justice Commission Subcommittee The University of Tulsa College of Law; 3120 East 4th Meeting; 1 p.m.; Oklahoma Bar Center, Oklahoma City; Place, Tulsa, John Rogers Hall (JRH 205); RSVP to: Contact: Drew Edmondson 405-235-5563 Kim Reber 405-840-3033 OBA Justice Commission Meeting; 2 p.m.; 27 Oklahoma Association of Black Lawyers Oklahoma Bar Center, Oklahoma City; Contact: Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma Drew Edmondson 405-235-5563 City; Contact: Donna Watson 405-721-7776 20 OBA Lawyers Helping Lawyers Assistance Program Training; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact: Tom Riesen 405-843-8444 OBA Rules of Professional Conduct Committee Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa and teleconference; Contact: Paul Middleton 405-235-7600 21 OBA Young Lawyers Division Officers Meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Jennifer Kirkpatrick 405-553-2854 23 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: May D. Michael O’Neil Jr. 405-239-2121 A Conversation with Justice Sandra Day 24 OBA Government and Administrative Law O’Connor; 10 a.m.; Oklahoma Bar Center, Oklahoma 1 Practice Section Meeting; 4 p.m.; Oklahoma Bar City; Contact: Jane McConnell 405-416-7024 Center, Oklahoma City with teleconference; Contact: Tamar Scott 405-521-2635

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 957 3 OBA Men Helping Men Support Group; 15 OBA Bench and Bar Committee Meeting; 5:30 p.m.; The Oil Center – West Building, Suite 12 p.m.; Oklahoma Bar Center, Oklahoma City and 108W, Oklahoma City; RSVP to: Kim Reber Tulsa County Bar Center, Tulsa; Contact: Barbara 405-840-3033 Swinton 405-713-7109 OBA Women Helping Women Support Group; OBA Civil Procedure and Evidence Code 5:30 p.m.; The University of Tulsa College of Law; Committee Meeting; 3:30 p.m.; Oklahoma Bar 3120 East 4th Place, Tulsa, John Rogers Hall (JRH Center, Oklahoma City and OSU Tulsa; Contact: 205); RSVP to: Kim Reber 405-840-3033 James Milton 918-591-5229 4 OBA Law-Related Education Committee 16 OBA Women in Law Committee Meeting; Meeting; 9:30 a.m.; Oklahoma Bar Center, Oklahoma 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and City; Contact: Suzanne Heggy 405-556-9612 Tulsa County Bar Center, Tulsa; Contact: Deirdre Dexter Oklahoma Uniform Jury Instructions Meeting; 918-584-1600 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: OBA Work/Life Balance Committee Meeting; Chuck Adams 918-631-2437 17 12 p.m.; Oklahoma Bar Center, Oklahoma City and 8 OBA Legal Intern Committee Meeting; Tulsa County Bar Center, Tulsa; Contact: Sarah 3 p.m.; Oklahoma Bar Center, Oklahoma City Schumacher 405-752-5565 with teleconference; Contact: Candace Blalock OBA Justice Commission Meeting; 2 p.m.; 405-238-3486 Oklahoma Bar Center, Oklahoma City; Contact: Drew Edmondson 405-235-5563 9 OBA Diversity Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County 18 OBA Board of Governors Meeting; 9:30 a.m.; Bar Center, Tulsa; Contact: Kara Smith 405-923-8611 Oklahoma Bar Center, Oklahoma City; Contact: OBA Professionalism Committee Meeting; John Morris Williams 405-416-7000 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa OBA Environmental Law Section Meeting; County Bar Center, Tulsa and teleconference; Contact: 11:30 a.m.; Oklahoma Bar Center, Oklahoma City with Judy Hamilton Morse 405-235-7759 teleconference; Contact: Mike Wofford 405-319-3504 10 Oklahoma Bar Foundation Meeting; 8:30 a.m.; 19 OBA Young Lawyers Division Officers Meeting; Oklahoma Bar Center, Oklahoma City; Contact: Tulsa County Bar Center, Tulsa; Contact: Nancy Norsworthy 405-416-7070 Jennifer Kirkpatrick 405-553-2854 OBA Women Helping Women Support Group; OBA Men Helping Men Support Group; 5:30 p.m.; The Oil Center – West Building, Suite 24 5:30 p.m.; The University of Tulsa College of Law; 108W, Oklahoma City; RSVP to: Kim Reber 3120 East 4th Place, Tulsa, John Rogers Hall 405-840-3033 (JRH 205); RSVP to: Kim Reber 405-840-3033 OBA Law-Related Education Committee 11 OBA Closed – Memorial Day Observed Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma 28 City with teleconference; Contact: Suzanne Heggy 405-556-9612 OBA Solo and Small Firm Conference Planning Committee Meeting; 1:30 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Collin Walke 405-235-1333 OBA Family Law Section Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Tamera Childers 918-581-8200

958 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 FOR YOUR INFORMATION

OBA Office of the General Counsel Adds Two Employees OBA General Counsel Gina Hendryx announces that Tommy Humphries has joined her staff as an assistant general counsel and Tanner Condley as an investigator. Both employees will concentrate their efforts on the unau- thorized practice of law. “Bar members voiced their concerns about increased occurrences of UPL in Oklahoma, and OBA leadership took action by increasing department funding to make these new positions a priority,” Ms. Hendryx said. “Our efforts to prosecute offenders will help protect the public from unscrupulous people who have not passed the bar from performing legal work.” Mr. Humphries formerly worked as an assistant district attorney in Osage County, was also in private Tommy Humphries practice, served as a municipal judge, and most recently was an assistant with the Oklahoma Attorney General for six years before coming to work for the OBA. He is a 2001 graduate of the TU College of Law and holds a bachelor’s degree from UCO. Mr. Condley comes to the OBA from Norman Public Schools, where he worked as a police officer. He has also served as an officer and as an investigator in the Special Investigations Division of the Tulsa Police Depart- Tanner Condley ment. His B.A. degree in sociology with an emphasis in criminology is from OU.

Lawyers Take Pledges to Support OETA OBA Member Resignations For more than 30 years, the OBA has The following partnered with members have OETA, Oklahoma’s resigned as members statewide PBS tele- of the association and vision station, notice is hereby given to produce the Ask of such resignation: A Lawyer TV show as part of Law Day Bill F. Bryan activities. Bar mem- OBA No. 1259 bers showed their 95 S. Flagstone Path Cir. appreciation by vol- The Woodlands, unteering to be part TX 77381-6624 of Festival 2012, James Lewis Davies OETA’s annual OBA No. 20001 fundraising drive. OBA President Cathy Christensen with OETA 7250 Cedar Point Rd. Volunteers and Festival emcee B.J. Wexler Oregon, OH 43616 other lawyers calling in donated more than $6,100, keeping the OBA at the top “Underwriting Producers” donor level. More than $30,000 Lonny Lane Walters was raised from the public around the state. OBA No. 21919 23A E. 3rd St. Volunteers who joined President Cathy Christensen were Melinda Kansas City, Alizadeh-Fard, John Claro, Brad Davenport, Brandi Duden, Jerrod MO 64106-1004 Geiger, Sam Glover, Tina Izadi, Greg James, Mark Koss, Ernest Nalagan, Ed Oliver, Nancy Parrott, Robert Powell, Max Rhodes, Charles “Dick” Rouse, Ricki Sonders, Margaret Travis, Mary Travis, Richard Vreeland and John Morris Williams.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 959 Only Success at Lawyers Helping Lawyers Banquet and Auction It was a sold out crowd attending the recent Cornerstone Banquet and Auction benefitting Lawyers Helping Lawyers Foundation Inc. The evening was a huge success – thousands of dol- lars were raised that will go toward intervention services for lawyers combating mental health and substance abuse challenges. The event, sponsored by the Lawyers Helping Lawyers Assis- tance Program Committee and LHL Foundation Inc., was a kick-off for the foundation’s revital- ized fundraising drive this year. Those unable to attend the Cornerstone Banquet and Auction still have the opportunity to assist the fundraising effort. Use the envelope provided in the Feb. 11 issue of the Oklahoma Bar Journal or visit www.lhlfoundation.org to find more information and how to help.

Do You Sing? And Not Just in the Shower? The OBA Ethics Musical CLE program is always looking for talented singers and songwriters for this annual event. If interested in getting your 15 minutes of fame, contact Heidi McComb at 405-416-7027 or [email protected]. This is approved for CLE teaching credit. Central Oklahoma attorneys Rees Evans, Jay Buxton and Randy Grau regularly participate in the Ethics Musical for fun. However, they have a passion for music and are spearheading an effort to form an a capella singing group made up entirely of lawyers. If there are enough responses, there could be a men’s group and a women’s group. The organizers hope to begin rehearsing soon with members who must have small group or solo singing experience, or both. Its repertoire would be broad and the group would perform at bar functions, arts festivals and other public functions, and the like. Mr. Evans is collecting the names and qualifications of possible singers. He asks that if you’re interested in participating you email him your name, address, daytime phone, the part(s) which you sing, and a brief summary of your applicable musical experience. His email address is [email protected]. For questions, he can be reached during the work week at 405-232-4311 and on weekends at 405-947-7295.

960 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 BENCH & BAR BRIEFS

partner at the Wright, Dale New Mexico and Oklahoma, & Jett Law Firm in Guymon, and practices in the areas of where he has worked since real estate, banking, bank- 1977. He is a general practi- ruptcy, civil litigation, com- tioner with an emphasis on mercial transactions, probate, ike Voorhees has been land titles and conveyances. oil and gas, and general civil Melected chairman of the He graduated from the OU practice. Ms. Baker and Mr. Board of Regents for Oklaho- College of Law in 1977 after Davies practice in the Stillwa- ma City Community College earning his bachelor’s degree ter office, and Mr. Bollenbach and president of the South at OU. practices in the Kingfisher Oklahoma City Area School office. he Kingfisher law firm of District Board of Trustees for Harrison & Mecklenburg nited States District the term beginning May 1, T Inc. announces that it has Judge Gregory K. Friz- 2012. He is a member of the U opened an office in Stillwater. zell is the new chief judge South Oklahoma City law The Stillwater office offers of the U.S. District Court for firm Shelton Voorhees Law legal representation and ser- the Northern District of Okla- Group. vices in the areas of corporate homa with a seven year term and commercial law, probate, that commenced March 14. estate planning, real estate, He was appointed to the fed- banking, trust, taxation, oil eral bench in 2007 by Presi- and gas, environmental, fami- dent George W. Bush. He is a ly law and general civil prac- graduate of TU and the Uni- tice. The new office is located versity of Michigan Law at 205 W. 7th, Suite 104, Still- School. Prior to his appoint- water, 74074. The firm also ment as a U.S. district judge, ov. Mary Fallin recently announces that Kurt Bollen- he served as law clerk for Gannounced two judicial bach and Derrick Davies Judge Thomas R. Brett, U.S. appointments. Thomas E. have been elected as new District Court Judge for the Prince has been appointed shareholders, and that Robyn Northern District of Oklaho- Oklahoma County district R. Baker has joined the firm. ma from 1984-1986. He also judge, while A. Clark Jett has Mr. Bollenbach joined the worked in private practice in been appointed to the posi- firm in 2010 after serving as a Tulsa from 1986-1994; served tion of associate district judge judge advocate in Germany as general counsel for the in Texas County. Judge Prince for the U.S. Army and as an Oklahoma Tax Commission has been practicing law in assistant district attorney in from 1995-1997; was a state Oklahoma since 1982, when Canadian County. He practic- district judge from 1997-2007; he graduated from the OCU es in the areas of real estate, and served as presiding judge School of Law. Prior to his general counsel, criminal law, of the 14th Judicial District in judicial appointment, he prac- business litigation and family 2006-2007. ticed business and corporate law. Mr. Davies joined the he City of Tulsa is pleased law, employment law, health firm in 2007 and practices in to announce that Shelton law and a variety of other the areas of business organi- T L. Benedict has joined its fields as a sole practitioner zations, estate planning, legal department as the police at the Prince Law Office in trusts, family business trans- legal advisor. He has prac- Edmond. Before that, he fer planning, probate, busi- ticed law in Oklahoma for was a partner at York & ness and personal taxation, more than 26 years. For the Slater in Oklahoma City. He business litigation, oil and past 18 years, he has been received his bachelor’s degree gas, environmental and agri- engaged in a general private from Southern Arkansas Uni- cultural law. Ms. Baker joins law practice representing versity, and he is a native of the firm after practicing in businesses and individuals. Idabel. Judge-elect Jett is a business law firms in Indiana,

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 961 He served as an associate Group. He recently retired as partners at the firm. Jason municipal judge for the city from the TU College of Law, Coutant of the firm’s Tulsa of Tulsa from 2008 until he where he had served as asso- office practices in the areas joined the legal department, ciate professor of law since of mergers and acquisitions, and he was an administrative 2005. Prior to his faculty posi- securities regulation, and law judge for the Oklahoma tion at TU, he practiced law banking and finance. He has Corporation Commission for with Doerner Saunders since assisted companies ranging four years. 1971, focusing on federal and from privately held business- state taxation, business plan- es to development-stage bul- ableGotwals has named ning, estate planning, elder letin board corporations to GDean Luthey to the law, non-profit organizations, Fortune 500 companies with a firm’s Tulsa office as a share- intellectual property, the variety of matters, including holder. He has argued Employee Retirement Income business formation and plan- appeals before the U.S. Security Act and employee ning, public and private offer- Supreme Court and various benefits. Since 2005, he has ings of securities, SEC com- federal and state appellate remained of counsel at pliance and acquisitions and courts and has handled mat- Doerner Saunders. He is also dispositions. He earned a B.S. ters in federal and state trial the author and co-author of in accounting from OSU in courts and agencies across the several tax handbooks. He 2002 graduating magna cum country. Among his clients received his B.A. from Prince- laude. He earned his J.D. with have been major energy com- ton University in 1968, his honors from the University of panies, Fortune 500 compa- J.D. from the University of Texas School of Law in 2005. nies, Indian tribes, national Michigan in 1971, and his Allison McGrath Gardner of churches, state and local gov- master of laws (taxation) from the firm’s Tulsa office practic- ernmental entities, insurance New York University in 1973. es in the areas of tax-exempt companies, Big Four account- organizations, employee ben- ing firms, law firms and esolution Center Media- efits, and trusts and estates. health care providers. Rtion and Arbitration LLC Her experience consists of of Tulsa has announced that ndrews Davis announces forming tax exempt organiza- Martin B. Bernert has joined tions, obtaining tax exempt Athat Lance E. Schneiter its panel of mediators and of Oklahoma City has become status, and advising on issues arbitrators. He concentrates relating to maintaining tax a shareholder with the firm. his practice in the areas of He joined the firm in 2009 as exempt status and the unre- wills and trusts, probate, real lated business taxable income. an experienced trial lawyer. estate and business transac- His practice currently includes In the area of employee bene- tions. He also has a varied fits, her experience includes civil litigation, business devel- background in business, gov- opment, distribution agree- assisting businesses, church- ernment and education, hav- es, tax exempt organizations, ments and franchising, person- ing served as the assistant al injury, intellectual property, and governmental entities in city manager for the city of preparing and maintaining lien, construction, receivership, Norman, a consultant to both bankruptcy, oil and gas, qualified retirement plans, tax local and federal governmen- deferred annuity plans, health wrongful death, medical mal- tal agencies, a former adjunct practice, estate, corporate, and welfare plans, deferred professor at the University compensation plans, and insurance and contract law. He Center at Tulsa, general coun- graduated from UCO in 1999 summary plan descriptions. sel for a privately held multi- She received her B.A. degree with a bachelor of science state corporation, and as an degree. He received his J.D. from the University of Virgin- arbitrator with the American ia and her J.D. with distinc- in 2002 from the OU College Arbitration Association. He of Law. tion from the OU College of earned his B.A. in economics Law. Kerri Kobbeman of the oerner, Saunders, Daniel and M.P.A. from OU and is firm’s northwest Arkansas D& Anderson LLP has a graduate of the TU College office works primarily in the named Varley H. “Sandy” of Law. litigation, labor and employ- Taylor Jr. of Tulsa as head of onner & Winters LLP has ment, and corporate practice the firm’s Trust, Estate Plan- named several attorneys groups. She has been engaged ning and Taxation Practice C in a broad range of labor and

962 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 employment matters, includ- private companies. During arbitration services to its cli- ing the defense of wrongful the course of her career, she ents. Mr. Keyl served as an discharge and discrimination has been involved in all attorney with the U.S. Office actions as well the enforce- aspects of corporate finance of Disability, Adjudication ment of contractual cove- and securities law, with a par- and Review as well as with nants. She has also assisted ticular focus on representa- the Department of Homeland clients with contract drafting tion of public and private Security-FEMA from 2004 and negotiation. In her litiga- companies in capital forma- until 2011. He has been a tion practice, Kobbeman has tion activities, mergers and labor arbitrator for the Feder- experience working in prod- acquisitions, corporate gover- al Mediation and Conciliation ucts liability litigation, com- nance and securities regula- Service since 2004. He can be mercial litigation, and federal tion. Her practice also contacted by email at and state energy regulatory includes banking law, particu- [email protected] or by matters. She also has experi- larly as it relates to bank for- phone at 601-466-0200. He is ence in corporate and securi- mations and acquisitions also licensed to practiced in ties, and has assisted clients and bank holding company Mississippi. with mergers and acquisi- regulation, as well as broker- tions, tender offers and gener- dealer and investment advi- eremy Z. Carter announces al corporate governance. She sor compliance matters. She Jthe relocation of his received her B.S. degree from has served as chairperson of practice to Newcastle. After McPherson College and her the OBA Business and Corpo- leaving a downtown Oklaho- J.D. with honors from the rate Law Section and is a ma City insurance defense University of Arkansas School graduate of the OU College firm to start a solo practice, of Law. Paige N. Shelton of of Law. he will now practice primari- the firm’s Tulsa office practic- ly in the areas of civil litiga- es in the areas of commercial tephen Eck has been tion, personal injury, insur- litigation, residential and Sappointed vice president ance bad faith and estate commercial construction, and general counsel for Okla- planning. He can be reached products liability, insurance, homa Christian University. at 405-392-3300 or jeremy@ and labor and employment. He is currently serving as jzcarterlaw.com. The address Shelton has assisted clients in vice president for estate and is P.O. Box 255, 920 N.W. a variety of industries, includ- planned giving and will 32nd St., Newcastle, 73065. retain those responsibilities. ing construction, health care, hristine Cave and the banking, manufacturing and He will be responsible for handling a broad range of CEmployers Legal telecommunications. Her Resource Center are pleased experience includes trial prac- legal matters and regulatory issues. He joined Oklahoma to announce that they have tice in both state and federal relocated their Oklahoma courts on matters including Christian in 2000 as director for advancement of OC’s Cas- City offices. The new mailing claims for negligence, prod- address is 6307 Waterford ucts liability, wrongful death, cade College branch campus in Portland, Ore. He is a 1992 Boulevard, Suite 250, Oklaho- breach of contract, breach of ma City, 73118. The Employers warranty and fraud. She graduate of Oklahoma Chris- tian, with a bachelor’s degree Legal Resource Center works earned her B.A. degree with a with small businesses and double major in mathematics in Bible. He also holds an MBA from MidAmerican nonprofits and provides coun- and economics from Vander- seling, training and represen- bilt University in 1997. She Nazarene University in Kan- sas City and J.D. from OCU. tation on employment and received her J.D. with highest business-related matters. Ms. honors from the TU College He is also licensed to practice law in Kansas. Cave can be reached by email of Law in 2004 where she at [email protected] served as the managing edi- ark D. Keyl announces and the telephone number tor of the Law Review. Jea- Mthe establishment of remains 405-702-9797. nette C. Timmons works in Keyl ADR Services LLC. The the firm’s Oklahoma City firm is located at 2 Redfern office and practices corporate Trail, Petal, Miss., 39465, and and securities law for a wide will provide mediation and variety of both public and

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 963 Association. His topics were How to place an announce- local administrative orders, and ment: The Oklahoma Bar Journal an update on the electronic fil- welcomes short articles or ing project being implemented news items about OBA mem- by the Oklahoma Supreme bers and upcoming meetings. If Court. He was also the recent you are an OBA member and featured speaker in a meeting you’ve moved, become a partner, hired an associate, taken hris A. Paul of the Tulsa of the South Oklahoma City Lawyers Association. His com- on a partner, received a promo- Coffice of McAfee & Taft tion or an award, or given a was a presenter at the Corro- ments included updates in Oklahoma County district court talk or speech with statewide sion and Punishment Forum or national stature, we’d like to practices, judge assignments, of the 2012 NACE Interna- hear from you. Sections, com- tional Corrosion Conference docket changes and district mittees, and county bar associ- in March in Salt Lake City. court clerk procedures. ations are encouraged to sub- uke Wallace and David orter Heath Morgan IV mit short stories about upcom- Humphreys of Hum- recently spoke at a CLE ing or recent activities. Honors L P bestowed by other publications phreys Wallace Humphreys for the Colorado Creditor Bar Association in Denver in (e.g., Super Lawyers, Best Law- PC in Tulsa presented at three yers, etc.) will not be accepted sessions of the National Con- March. He spoke on the topic of “Recent Caselaw and as announcements (Oklahoma- sumer Law Center’s 2012 Fair based publications are the Developments after Portercare Debt Collection Practices Act exception.) Information select- v. Lego Conference in New Orleans. ” and participated in a ed for publication is printed at Their presentations included discussion panel. He no cost, subject to editing, and “proven direct and cross also serves as vice president printed as space permits. Sub- examination; a $1.26 million of the Colorado Creditor Bar mit news items via email to: verdict case history” and Association. Lori Rasmussen “TCPA and state law claims CO Professor Marty Lud- Communications Dept. to include in your debt collec- lum recently spoke to Oklahoma Bar Association tion abuse case.” U (405) 416-7017 four classes at Arcada Univer- [email protected] klahoma County Chief sity in Helsinki, Finland. His ODeputy Court Clerk Tim presentations were on “Inter- rticles for the May 19 Rhodes was recently the cultural Issues in Trade and Aissue must be received guest speaker to the Oklaho- International Trade Law.” by April 23. ma City Commercial Lawyers

IN MEMORIAM

lmon E. Henson of Shaw- tion found by scout teams in occasions, as well as serving Anee died March 9. He was Germany. He attended OU as a justice for the Supreme born March 3, 1919, in Pauls Law School, graduating in Court of the Citizen Potawa- Valley. He attended OU and 1948. He practiced law for 57 tomi and Iowa tribes of Okla- ECU where he received a years in Shawnee, retiring homa. He was awarded the teacher’s certificate. He from full time practice in 2005 OBA Ethics Award in 1998, served in the military during at the age of 85. During his and he was named Citizen of World War II achieving the early years, he served as the Year by Shawnee Kiwanis rank of staff sergeant with county attorney for Pottawat- Club in 2000. He was an the 8th Army Air Corps sta- omie County and also as pres- active leader and supporter of tioned in England. He was ident of the Oklahoma Associ- numerous civic organizations handpicked to serve in Air ation of County Attorneys. He and clubs. Memorial contribu- Technical Intelligence where was named to serve as a spe- tions may be made to the First he headed a team that cata- cial judge for the Oklahoma Baptist Church of Shawnee logued intelligence informa- Court of Appeals on several building fund or the Oklaho-

964 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 ma Baptist University Vision made to Food For Kids Back omain S. Mossman died for the Future campaign. Pack Program in care of RMarch 19. He was born on Regional Food Bank, or to the March 12, 1928, graduating atrick Michael Garrison Wounded Warriors Project. from Perry High School in Pof Edmond died March 21. 1947. He graduated from avid Berry Miller He was born on August 6, of Oklahoma A&M College (now 1951, in Slidell, La. He DTulsa died Feb. 12. He OSU). He was called into the received his B.A. from the was born Jan. 8, 1941, and U.S. Army, serving as a lieu- University of Southwestern graduated from Harding High tenant during the Korean Louisiana in 1973, his M.A. School. He attended OU, Conflict, assigned to an army from UCO in 1996, and after earning a B.S. in finance, also quartermaster unit in Fair- his military retirement he attending Southwestern banks, Alaska. After dis- received his J.D. in 2004 from School of Banking and South- charge, he attended the OU the University of Oklahoma. ern Methodist University, and College of Law, graduating in He served in the U.S. Air he earned his J.D. from the 1956. He worked in the office Force, achieving the rank OU College of Law. He of the Noble County district of colonel. After a distin- worked as a business devel- attorney and later joined a guished military career, his opment manager at Farmers law firm in Oklahoma City. In final active duty assignment National Association. He was 1963 he moved his office to was at Tulane University in known throughout Tulsa as a Woodward and represented New Orleans where he mentor for young people, and clients throughout northwest served as commander of the he was an active member of Oklahoma. He served as legal ROTC unit. After his military First United Methodist counsel for the town of Fort service, he was employed as a Church for over 26 years. Supply for many years. He prosecutor in the Oklahoma Memorial gifts can be made to was appointed Woodward County District Attorney’s the Berry Miller Foundation municipal judge in 1994, add- Office. He was an active for Reconciliation and Men- ing the duties of the state’s member of the Edmond First torship of Fathers and Chil- first non-metropolitan juve- United Methodist Church, dren, in care of Tulsa First nile judge to his responsibili- American Legion and the United Methodist Church. ties, retiring in 2000. Oklahoma City Gun Club. Memorial donations may be

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 965 CLASSIFIED ADS

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966 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 POSITIONS AVAILABLE POSITIONS AVAILABLE

LITIGATION FIRM WITH OFFICES IN DALLAS, TUL- HEALTH CARE SERVICE CORPORATION, a Mutual SA AND OKLAHOMA CITY seeks two to three experi- Legal Reserve Company that does business as Blue enced litigators for the firm’s Tulsa and Oklahoma City Cross and Blue Shield in four states has an assistant offices. New hires will be located in downtown Tulsa and general counsel opening in its legal division in Tulsa, downtown Oklahoma City. The firm is a litigation firm Okla.: Basic function: This position is responsible for with a broad client base and a strong, growing presence providing legal advice, support, and coordination of in Oklahoma and Texas. The law firm recently was recog- legal matters or projects relating to Oklahoma insur- nized as one of the 40 fastest growing companies in east- ance code, benefit contract issues and health care op- ern Oklahoma, and the only law firm on the list. The firm erations. Candidate would counsel internal business seeks attorneys with 4 to 7 years of experience or more in management and assist litigation attorneys in Oklaho- litigation. Those seeking a top litigation environment in ma. Candidate would also provide legal support to divi- which to mentor and be mentored are encouraged to in- sional management on specific business issues and repre- quire. Salary is above the norm when compared with sent the company in dealings with applicable regulatory commensurate job opportunities. Please send resume to bodies and government agencies. Job requirements: 1) Ju- “Box C,” Oklahoma Bar Association, P.O. Box 53036, ris Doctor degree and a license to practice law in Okla- Oklahoma City, OK 73152. homa; 2) Experience as an attorney with demonstrated understanding/experience of the health care or insurance PARALEGAL NEEDED for an Edmond AV-rated law field. We are an equal opportunity employer dedicated to firm. Seeking experienced paralegal to work on civil workforce diversity and a drug-free and smoke-free litigation, primarily involving employment and busi- workplace. Drug screening and background investiga- ness matters. Paralegal must have good communication are required as a condition of employment. Please tion and writing skills, be organized, motivated apply online by going to www.bcbsok.com. and deal well with clients. Competitive salary, benefits and bonus based on experience and motivation. MCAFEE & TAFT IS SEEKING AN APPLICANT to fill Send resume, references and salary requirements to an accounting billing clerk position with our growing [email protected]. accounting department. The employee will be responsible for electronic billings for the firm. The ideal candi- BUSY OKLAHOMA CITY PLAINTIFF’S FIRM seeking date will have previous law firm accounting experi- an attorney with 2 - 5 years of experience in civil litiga- ence, particularly, experience with electronic billings tion. Position will require legal research, writing, depo- and Elite accounting system. He or she should have ex- sitions and trial experience. Salary, benefits and bonus cellent Excel and ten key office skills. The starting salary potential commensurate with experience and perfor- is negotiable based on experience. Generous benefits mance. Send resume and writing sample to: 210 South- package including paid parking, medical and life insur- east 89th St., Oklahoma City, OK 73149, or by fax to ance. Other benefits include 401(k), profit sharing and a 405-721-9503. cafeteria plan for uninsured medical and daycare expenses. Please send resume, references and salary re- ASSOCIATE ATTORNEY: MILLS & JONES LLP, a quirements to Judy Cross at [email protected]. downtown Oklahoma City, small AV-rated, insurance defense law firm specializing in commercial trucking LITIGATION ATTORNEY WANTED for Oklahoma City litigation, seeks associate attorney with 3-4 years of office of an expanding national insurance defense firm. litigation experience. A qualified candidate must have Candidate should have 4 to 8 years experience in litiga- solid litigation experience, including a proven aptitude tion and must demonstrate strong client relations skills. for performing legal research, drafting motions and Construction defect, professional liability, employment, briefs and conducting all phases of pretrial discovery. bad faith and personal injury defense work helpful. Com- Salary is commensurate with experience. Please send pensation package will reward skills, experience and ex- resume, references and writing sample in confidence, isting relationships. Additional information may be found via email to [email protected]. at www.helmsgreene.com. Please direct inquiries to Steve HOUSTON AV-RATED LAW FIRM SEEKS ATTOR- Greene at [email protected] or 770-206-3371. NEYS licensed in Oklahoma to join its growing oil and gas practice. Candidates should have 2+ years of expe- FOR SALE rience in writing title opinions. Being also licensed in LAKEFRONT LAKE HOUSE FOR SALE on Oklahoma Texas, Kansas or New Mexico is a plus. Excellent pay side of Lake Texoma, steps from sandy beach, blocks and benefits for qualified individuals. Please send cov- from boat launch. 3/2, large windows open to million er letter and resume in confidence. Send replies to “Box dollar view, new multi-level deck overlooking lake, W” Oklahoma Bar Association, P.O. Box 53036, Okla- wet-bar, tile floors, fireplace, outdoor shower and homa City, OK 73152. sprinkler system. Secluded area next to Corp of Engi- HIGH-VOLUME TULSA SOCIAL SECURITY DIS- neers forested property. Asking Price: $344,900. For ABILITY PRACTICE has an opening for an associate pictures and further information Pat Maher pmaher@ attorney with 3+ years experience. Competitive salary shannongracey.com. and bonus structure. Potential signing bonus. Send resume to “Box U,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152.

Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 967 THE BACK PAGE Casey at the Bar A Tribute to Ernest L. Thayer’s Poem By James A. Purcell

The charges weren’t forgiving for the shackled throng that day: Three counts of theft by taking and possession of cocaine. And then when Jackson pleaded guilt, and Johnson did the same, The sight of bricks and iron bars soon filled the client’s brain.

Checking watches, keys in hand, bailiffs hoped to beat the rush, while A restless toddler’s discordant cries disrupt’d the solemn hush. The client’s mother clasped her hands, and in this thought found peace: “If Casey’s worth just half his fee, my son must be released!” “The man - no, boy - you see before you, wrapped in county But - as was his right, of course - the DA took his time. You see, prison chains, ‘Twas election year in Tulsa, and some called him “soft on By the learned doctor’s sound advice, is certified insane. crime.” What’s more, he’s but a victim of his humble social class, who, So as the county’s lawyer quoted, first King James, Rousseau, Diseased by drug addiction, quietly slipped between the cracks.” Voltaire… Rusty squeaks betrayed the nodding judge, reclining in his chair. The prosecutor thinly veiled a chuckle ‘neath his cough. Brimm’d with matriarchal rage, the mother snarled at Cox. Then, “Objection,” calmly rolled across young Casey’s silver Casey heard a furious scribbling, and was discreetly passed tongue. a note: Silence… ne’er had one dared interrupt Cox’s closing “Don’t let him get away with that!” his livid client wrote. monologue. Yet in Casey’s smugly crooked smile, shards of hope remained, But Casey tapped the table twice, and gently mouthed “Enough.” And sighs erupted ‘round the room when the judge remarked, He dusted off his jacket sleeve, and tugged upon his cuffs. “Sustained.” Casey’s piercing gaze held fast, unfazed by Cox’s smiles. Casey knew the die was cast; for the jury‘s ears were his. And while the state politely thanked all present for their time, A deaf’ning click reverberated within the jurors’ minds. Pointing toward the client’s mother, her kerchief soaked by tears, It echoed off the oaken walls as Casey capped his pen, He muses o’er the likely sentence: ten to twenty years. And soon Casey, mighty Casey, was standing once again. As one hand clasps his Bible taut, the other pounds the bench; Crescendo fades to reverent pause… ‘til he breathily moans, Casey’s buttons sparkled as he fastened them with grace; “I rest.” His collar, starched and rigid, held his Windsor Knot in place. And when, with practiced empathy, he grasp’d his client’s arm, Oh, somewhere in the handle, autumn winds begin to blow, All within the courthouse knew ‘twas Casey at the Bar. And in Norman, students head to class, their books and bags Twenty-four eyes grew wide as Casey neared the jury box; in tow, A playful wink or quiet nod ensured each juror‘s trust. And on the Kiamichi retired anglers crank their reels, Reminders of their own mistakes, and of pride before the fall, But there are no autumn plans for Casey - mighty Casey Were eloquently crafted in his silken southern drawl. must appeal. Mr. Purcell is a 3L at University of Georgia School of Law.

968 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012

Early mediator “generalist”

Law • Icivics Events to Feature Justice Sandra Day O’Connor

Law • Icivics Events to Feature Justice Sandra Day O’Connor