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Inside

any kind, he strode into the business the into strode he kind, any college at Oklahoma Christian, where he where Christian, Oklahoma at college See PROFILES, PAGE 17 PAGE PROFILES,

brought him to this point. Ray attended Ray point. this to him brought more with no experience or credentials of credentials or experience no with more

[email protected]

but it was a long and winding road that road winding and long a was it but fession on his own. As a college sopho- college a As own. his on fession Showing no fear at all, Ray assumed the assumed Ray all, at fear no Showing contact Kathryn Douglas, at 405-587-0274 or 405-587-0274 at Douglas, Kathryn contact

since his election to that office in 2006, in office that to election his since to learn everything he could about the pro- the about could he everything learn to If you are interested in volunteering, please volunteering, in interested are you If play-by-play announcer, ran a bit late. bit a ran announcer, play-by-play

made a difference in a child’s life. life. child’s a in difference a made Commissioner for Oklahoma County Oklahoma for Commissioner broadcast journalism, Ray was determined was Ray journalism, broadcast DeLong, who was supposed to be the be to supposed was who DeLong,

you are rewarded with knowing you have you knowing with rewarded are you

as the Third District County District Third the as

Although OC offered only one class in class one only offered OC Although from Taft Stadium. Unfortunately, Bob Unfortunately, Stadium. Taft from

eagerly ask “Will you be back next week?” next back be you “Will ask eagerly

Commissioner Ray Vaughn has served has Vaughn Ray Commissioner TV, now known as KFOR (Channel 4). (Channel KFOR as known now TV, broadcast of a high school football game football school high a of broadcast

reading with children. When the children the When children. with reading

life of service to the people of Oklahoma. of people the to service of life become a television journalist at WKY- at journalist television a become first assignment was to observe the live the observe to was assignment first their lunch breaks at Rockwood Elementary Rockwood at breaks lunch their

orabilia operating as tangible proof of his of proof tangible as operating orabilia Adkins (left to right) each week spend one of one spend week each right) to (left Adkins domly it seems, that he was going to going was he that seems, it domly Payne as a learning experience. His very His experience. learning a as Payne

Janice Pitts, Karen Twyford and Chelsea and Twyford Karen Pitts, Janice covered with photographs and other mem- other and photographs with covered as an art major, Ray decided, rather ran- rather decided, Ray major, art an as Ray fondly describes his time with Bill with time his describes fondly Ray

Oklahoma County Building are literally are Building County Oklahoma Although he began his academic career academic his began he Although about broadcasting and what it entailed. it what and broadcasting about

of his office on the 6th floor of the of floor 6th the on office his of graphs adorning his office. his adorning graphs promised an interview once he knew a bit a knew he once interview an promised

his family and his community. The walls The community. his and family his kids, as evidenced by the numerous photo- numerous the by evidenced as kids, Edmond to get some experience. He was He experience. some get to Edmond

defined by his dedication - to his church, his to - dedication his by defined beautiful children and 9 gorgeous grand- gorgeous 9 and children beautiful contact Bill Payne at KWHP radio in radio KWHP at Payne Bill contact

Vaughn, Jr., it becomes apparent that he is he that apparent becomes it Jr., Vaughn, now been married 45 years and have 3 have and years 45 married been now of course, but it was suggested that he that suggested was it but course, of

Within five minutes of talking to Ray to talking of minutes five Within his wife, Suzanne, in college. They have They college. in Suzanne, wife, his that he wanted a job. He was turned away, turned was He job. a wanted he that

offices of WKY-TV and informed them informed and WKY-TV of offices played both tennis and basketball. He met He basketball. and tennis both played

By Shanda McKenney Shanda By

Ray Vaughn Jr. Vaughn Ray Man of the People: People: the of Man

Profiles in Professionalism in Profiles

the Oklahoma Judicial Center. Center. Judicial Oklahoma the studied law. He was admitted to the bar in bar the to admitted was He law. studied See TIME CAPSULE, PAGE 16 PAGE CAPSULE, TIME

had three children. In his spare time he time spare his In children. three had in a ceremony held in the Hearing Room at Room Hearing the in held ceremony a in

for 3 years. He was married in 1899, and 1899, in married was He years. 3 for Chickasha in 1902 and developed a prac- a developed and 1902 in Chickasha and read by our Chief Justice Tom Colbert Tom Justice Chief our by read and

Ryan, Oklahoma where he taught school taught he where Oklahoma Ryan, Attorney of Ryan until he moved to moved he until Ryan of Attorney This letter was opened on April 3, 2014 3, April on opened was letter This

taught school in Texas and then moved to moved then and Texas in school taught

Indian Territory in 1900 and he was City was he and 1900 in Territory Indian to the people of Oklahoma in 2013. 2013. in Oklahoma of people the to

Virginia. Later he Later Virginia.

sages from individuals and organizations and individuals from sages

Supreme Court Chief Justice in 1913 in Justice Chief Court Supreme

University of University

pers, books, clothing, and dozens of mes- of dozens and clothing, books, pers, Samuel W. Hayes, Oklahoma Hayes, W. Samuel Colbert Tom Justice Chief Oklahoma

and at the at and

relics, documents, a quilt, photos, newspa- photos, quilt, a documents, relics,

“Thing!” Jack County Texas County Jack

the chest was opened and it included many included it and opened was chest the

He was educated in educated was He

OKC on April 22, 1913. A century later, century A 1913. 22, April on OKC

grew up on a farm. a on up grew

reading their reading

Lutheran Church at 12th and Robinson in Robinson and 12th at Church Lutheran

a young child, and child, young a

basement floor of the First English First the of floor basement

moved to Texas as Texas to moved

Century Chest which was sealed into the into sealed was which Chest Century to make to

born in Arkansas, in born

of the collection of items found in the in found items of collection the of

Hayes. He was He Hayes.

Court 100 years later. This letter was part was letter This later. years 100 Court

learn how learn Justice, Samuel W. Samuel Justice,

Chief Justice of the Oklahoma Supreme Oklahoma the of Justice Chief

insightful Chief insightful

Hayes, wrote a letter addressed to the to addressed letter a wrote Hayes,

a very wise and wise very a

to help kids help to

Oklahoma Supreme Court, Samuel W. Samuel Court, Supreme Oklahoma

the advice given by given advice the

In 1913 the Chief Justice of the of Justice Chief the 1913 In

ing to think about think to ing

every week every

It is truly amaz- truly is It By Justice Noma Gurich Noma Justice By

Elementary Chief Justice Colbert Justice Chief

to Rockwood to

They return They Time Capsule Opened by Opened Capsule Time

Vol. 46, No. 5 A Publication of the the of Publication A 5 No. 46, Vol. 2014 MAY KAOACUT A SOITO WWW. ASSOCIATION BAR COUNTY OKLAHOMA OKCBAR.ORG 2 BRIEFCASE • May 2014

BRIEFCASE From the President May 2014 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Oklahoma City, OK 73102 Fulfilling a Dream... (405) 236-8421

Briefcase Committee Cavett Kids: A place where illness does not define the child Judge Jim Croy, Jim Drummond, Michael Duggan, Justin Hiersche, Scott Jones, Matt Cavett Kids: A place where illness ty to experience childhood the way it is Kane, Teresa Rendon, Bill Sullivan, Rex Travis, By Judge Patricia Parrish Alisa White, Chris Deason, Judge Don Deason OCBA President does not define the child. supposed to be lived, with hands in the Summer camp season is just around the and Judge Allen Welch. I only recently became familiar with an dirt, and a worm on the hook. CKF corner, and children in communities Editor Judge Geary L. Walke organization called Cavett Kids which camps and programs allow these kids to across Oklahoma gear establish an identity away from the treat- Contributing Editors Dean Lawrence Hellman may be one of up for fishing, swim- Richard Goralawicz Oklahoma’s most pre- ment room and hospital, to instill confi- ming, sleepovers, and Bill Gorden cious treasures. Once dence while creating connections. This is playing baseball. In Warren Jones upon a time, Danny the Cavett Kids’ experience – reminding those same communities Cavett, a Chaplain at OU campers their illness does not have to live hundreds of ordi- Medical Center, had a limit their ability to have a full life. Oklahoma County Bar Association nary children living dream of providing a through extraordinary OFFICERS: place where children bat- It is the hard work of dedicated volun- medical challenges; chil- President Judge Patricia Parrish tling from life-threaten- teers — from dialysis nurses that keep dren who too often have President-Elect Jim Webb ing or chronic illnesses bedside vigil each night to the local fish- to watch while others Vice President Angela Ailles Bahm could go to escape the erman who comes back every year just play, walk while others Past President John Heatly rigid routines of treat- for fun —that makes camp happen, run, and hope for a time Treasurer Robert D. Nelon ment. Although undergo- ensuring both a good time for the kids when illness no longer Bar Counsel Brandon Long ing intensive chemother- and a continuum of specialized care. limits their opportunities STAFF: apy treatments for Knowing that their children are safe and to have a good time. Executive Director Debbie Gorden Lymphoma, Chaplain happy, parents have the rare opportunity The Cavett Kids Legal Placement Director Pam Bennett Cavett had the fortitude Judge Patricia Parrish to relax and enjoy their temporary respite Membership Services Connie Resar Foundation (CKF) was to forge ahead with his dream. Finally in from daily caretaking duties. founded to ensure that Oklahoma’s 1997, his dream came to fruition at the Over the years, the legal community Journal Record Publishing Co. Inc. first ever Camp Cavett. From its first one chronically and seriously ill children has generously given of their time by tak- have the same access to outdoor fun as Publisher Mary Mélon hundred participants, Camp Cavett now ing kids fishing and tubing during Camp healthy kids. Many children in treatment Director of Sales serves over 7,000 children through its Cavett (children with a variety of life- and Community Relations Sunny Cearley various camps. miss out on typical character-building threatening illness), white water rafting Art Director Gary L. Berger Eric Cavett, the nephew of Champlain opportunities - things like Boy Scouts at Heart Camp (teens with congenital Creative Services Tiffany English Cavett, furnished the following article and Girl Scouts, team sports, even after- heart disease), skiing at Ski Camp Velvet Rogers about Camp Cavett. I hope you are as school activities - due to illness. CKF Advertising Acct Exec Jessica Misun impressed with Cavett Kids as I am. camps and events provide the opportuni- See CAVETT KIDS, PAGE 12

For advertising information, call 278-2820.

Postmaster: Send address changes to OCBA Briefcase, 119 North Robinson Ave., Oklahoma City, Oklahoma 73102.

Journal Record Publishing produces the Briefcase for the Oklahoma County Bar Association, which is solely responsible for its content. © 2014 Oklahoma County Bar Association

OKLAHOMA COUNTY BAR ASSOCIATION MISSION STATEMENT Volunteer lawyers and judges dedicated to serving the judicial system, their profession, and their community in order to foster the highest ideals of the legal profession, to bet- ter the quality of life in Oklahoma County, and to promote justice for all.

From left to right: Alex Yaffe, Eric Cavett, Scott Cavett. Alex is an attorney and Scott is Erick Cavett’s brother. www.okcbar.org • May 2014 • BRIEFCASE 3 Five Things about Small Claims

By James B. Croy entries of judgment, but the courts have is no motion practice, the motion to trans- defendant wants to have a jury trial on a All of us who have been in private prac- those forms in the courtroom. fer will be presented at the time of trial, § small claims case over $1,500, she must tice recall the unquenchable longing for 1757. And, it is not necessary to remind the file written notice with the clerk at least the really juicy small claims case. The There is no discovery, intervening judge that there is no discovery in small two working days prior to trial. But lawyer comes back from court and eagerly parties or motion practice in small claims courts. We all remember that. We remember that if a jury trial is demanded, looks through the call slips, hoping against claims court. The lawyer should not sacri- also know that the defense lawyer who there is still no discovery, and the case may hope that the chance at a small claims case fice a tree to the discovery god in a small thinks that his client would not benefit well be tried to a jury on the original trial is among those calls, only to have his claims case because the act specifically from discovery has not been sworn in yet, date. hopes dashed by his secretary. “No. Sorry, disallows depositions, interrogatories and so one should not rely on that argument to but no small claims today.” Dejected, he other discovery methods in § 1760. And carry the day and get a transfer. Remember Small claims trials are informal by drags himself to his office, having to con- for those lawyers who love their motions that the legislature designed the small design. The judge in a small claims case for summary judgment, they must leave claims court for an informal, uncomplicat- tent himself with the usual personal may require additional evidence in addi- them at the door of the small claims court. ed, swift and inexpensive method of liti- injuries and probates. But ultimately, if he tion to that provided by the parties. (§ Section 1758 specifies that there are no gating cases. has lived his life right, he finds himself in 1761.) The judge might direct the evidence pleadings other than those set out in the small claims court at last. There are a few in a direction other than that anticipated by act. As the Supreme Court reminds us with Small claims cases are adorned with things to remember about small claims: the parties. Just remember that the judge respect to the legislative mandates govern- multiple time limits. The trial will be set usually knows what evidence he or she ing small claims cases, expressio unius est not more than sixty or less than ten days needs to decide the case, and it might dif- Small Claims cases are form-driven. exclusio alterius. (Look it up: Patterson v. from the date of filing. The affidavit must fer from the evidence the party wants to The case is initiated by the filing and serv- Beall, 2000 OK 92, 19 P.3d 839.) And § have been served at least seven days prior ice of an affidavit and order, the forms for 1760 disallows intervenors. All of that to the trial. If it is not served in time, the offer. Rules of evidence are relaxed in which are set out in 12 O.S. § 1753. In notwithstanding, motions to transfer are case will not be continued for short serv- small claims cases. For instance, the judge addition to the general affidavit, a separate permitted. ice. Rather, the plaintiff will get a new can receive hearsay evidence or sua sponte affidavit is set out for interpleaders. While order setting it down for hearing. If the raise the statute of limitations. The judge many attorneys appear to believe that they Courts are not predisposed to transfer defendant wants to seek a transfer of the has great discretionary power in small can improve on the forms, the statute small claims cases. That said, if the defen- case but has not filed a counterclaim, she claims cases. However, the lawyer should requires that the affidavit be “in substan- dant counterclaims for judgment in excess must file the motion to transfer and it must not anticipate that this discretion will tially the following form.” Extra credit is of the small claims jurisdiction — current- be filed and mailed to the plaintiff at least extend to forgoing the need to have a live, not given by the court for individuality or ly $7,500 — and she jumps through the 48 hours prior to the hearing. However, if breathing witness to prove the case. experimentation. No answer is required. ‘time’ hoops, the case will be transferred. the defendant files a counterclaim, she However, if the defendant urges a counter- However, in other cases, the lawyer should must file it and deliver it to the plaintiff in So, when your secretary comes in your claim or setoff, there is a form set out in § anticipate that her case will not be trans- person no later than 72 hours prior to the office and effusively informs you that at 1758. Both forms are sworn documents. ferred and should be ready for trial in the hearing. Note that all of these limits are set last you have got a small claims case, just There is no statutory form for journal small claims court. Remember, since there out in hours, not days. However, if the remember that it is a creature unto itself.

U.S. Magistrate Charles Goodwin was officially sworn-in on April 30 at a ceremony held at the federal courthouse. 4 BRIEFCASE • May 2014

And the Court Said An Olio of Court Thinking

By Jim Croy error’s contention. From an examination same protection of all her rights as a we are unable to perceive wherein either of the authorities cited, they appear to us woman, which her husband does as a public policy, or society, or the sanctity of May 12, 1914 as in a great measure controlled by the man; and for any injuries sustained to her the home, or the sacred relations of mar- One Hundred Years Ago common-law rule under which the entity reputation, person, property, character, or riage, is better protected by denying her a [Fiedeer v. Fiedeer, 1914 OK 672, 140 of the wife was completely lost in the any natural right, she shall have the same reasonable compensation for injuries P. 1022.] husband. But modern Legislatures, right to appeal in her own name alone to maliciously and feloniously inflicted This action was begun in the district though vainly, it seems, have by plain, the courts of law or equity for redress and upon her by a husband with a shotgun court of Oklahoma county by Mattie explicit, and unambiguous language protection that her husband has to appeal loaded with buckshot, or that either of the Fiedeer against John Fiedeer for damages attempted to break away from the com- in his own name alone. * * * “ aforesaid sacred institutions is worse resulting from personal injuries, upon a mon-law rule and to put the courts out of Section 2845, Rev. Laws 1910, pro- injured by allowing her a just and reason- petition which in part is as follows: “That hearing of the still lingering echoes of vides: “Any person who suffers detriment able compensation in such cases, than to on, to wit, the 28th day of February, 1911, barbaric days. The ground upon which the from the unlawful act or omission of allow her to go into the criminal courts at Oklahoma City in said county, the stronger of the more modern decisions another, may recover from the person in and send him to the penitentiary, or into a defendant unlawfully, violently, mali- have denied one’s spouse the right to fault a compensation therefor in money, divorce court and publish their entire ciously, and feloniously did assault the maintain an action for tort against the which is called damage.” married life to the world. True, it is plaintiff with a shotgun loaded with pow- other during coverture have been in the Section 2846, Id., defines what is meant argued that to allow recovery in such der and buckshot, and did therewith shoot main, based upon public policy, reasoning by a detriment as follows: “Detriment is a cases would be to open the avenues to the plaintiff upon the top and side of her that to maintain such an action would loss or harm suffered in person or proper- every conceivable species of fraud, head, and did thereby inflict dangerous tend to invade the holy sanctity of the ty.” deception, and perjury, through which and painful wounds and injuries upon the home and shatter the sacred relations The foregoing statutes, it seems to us, designing women would be enabled to go plaintiff, by reason of which plaintiff suf- between husband and wife, and that there- are sufficiently clear to define the rights into courts and recover for alleged fered great bodily and mental pain and fore, for public policy’s sake, such actions of persons, without discrimination or dis- wrongs which they had never sustained. anguish, and became and was and still is should not be maintained; and yet those tinction, and to enable all persons to know But the answer to this argument is that the sick, injured, and disabled from working, very decisions, in support of their philos- just what their rights are and the courts to divorce courts open the same avenues in and will continue to suffer pain and to be ophy, hold that the civil courts are open to know just how to adjudicate them. But order to recover undeserved alimony. And disabled from working for the remainder parties seeking divorce and alimony, and our Legislature, possibly in contempla- again, should a woman, who has been of her life, all to her damage in the sum of that the criminal courts are open for the tion of such contingencies, and in order to crippled or maimed or disabled for life $4,800, and further, by reason of which, prosecution of either husband or wife for avoid the reading into the statutes a mean- through the malicious, wanton, and will- the plaintiff was compelled to and did assault and battery, cudgelings, or for ing not intended, or at least in further ful assault of a brutal husband, go into expend a large sum of money for nursing, shooting each other with shotguns. We emphasis of its intention, has made other court and ask for alimony for her support, medicine, and medical treatment in fail to feel the force of such philosophy. provisions. Section 2914, Rev. Laws there is not a court in Christendom but endeavoring to be healed and cured of the We fail to comprehend wherein public 1910, reads: “Words used in any statute what would award her a more liberal said wounds and injuries, to wit, the sum policy sustains a greater injury by allow- are to be understood in their ordinary alimony than if she were a strong, of $200, to her further damage in the sum ing a wife compensation for being dis- sense, except when a contrary intention healthy, able woman. Now, upon what of $200.” She also claimed punitive dam- abled for life by the brutal assault of a plainly appears, and except also that the theory would such additional alimony be ages on account of humiliation and men- man with whom she has been unfortu- words hereinafter explained are to be allowed? Unquestionably it would be on tal suffering in the sum of $5,000. nately linked for life than it would be to understood as thus explained.” the ground of the tort she had received at The defendant answered as follows: allow her to go into a criminal court and And in order to make itself still more the hands of her husband. We can see no “Comes now the defendant and denies prosecute him and send him to the peni- clear as to its intentions, the Legislature difference in principle in an indirect and each and every allegation in plaintiff’s tentiary for such assault. in section 2948, Id., said: “The rule of the direct recovery for tort. petition. Nor are we able to perceive wherein the common law, that statutes in derogation And the defendant, further answering, sensitive nerves of society are worse thereof are to be strictly construed, has no May 26, 1939 says that on the 28th day of February, jarred by such a proceeding than it would application to the laws of this state, which Seventy-Five Years Ago 1911, the said plaintiff and defendant be to allow the parties to go into a divorce are to be liberally construed with a view [Excerpted from Paris v State, 1939 OK were legally married, bearing toward one court and lay bare every act of their mar- to effect their objects and to promote jus- CR 55, 90 P.2d 1078.] another the relation of husband and wife riage relation in order to obtain alimony. tice.” The information charged that in Coal under the laws of the state of Oklahoma, But, aside from the philosophy on the one Construing these statutes and constitu- county, on or about the 19th day of and during such marriage relation, exist- side or the other, it appears to us that the tional provisions as a whole, we think it is August, 1937, Mollie Paris did have in ing as aforesaid, no action of damages plain English language of our clearly manifest that the legislative intent her possession about 12 pints of tax-paid will lie for the personal torts committed Constitution and statutes should enable us has been an endeavor to shake off the whisky, with the unlawful intent to sell upon the other spouse during the mar- to determine what the rights of a married shackles of the common-law rules as to the same. riage relation. woman are intended to be in such cases. the rights of married women and to clear- On the trial the jury returned a verdict And defendant, further answering, says Section 6, art. 2, of the Constitution of ly define such rights. Besides, many of of guilty and fixed her punishment at a that on the 12th day of May, 1911, a Oklahoma, provides: “The courts of jus- the more modern decisions on this ques- fine of $50 and confinement in the coun- decree of divorce was granted in the dis- tice of the state shall be open to every per- tion either offer an apology or give way to ty jail for 30 days. trict court of Oklahoma county, which son, and speedy and certain remedy expressions of regret that the earlier deci- * * * operated as a dissolution of the marriage afforded for every wrong and for every sions of their respective jurisdictions had One of the grounds of the motion for a contract as to both, and said cause is still injury to person, property, or reputation; announced a doctrine in which they did new trial, and here assigned as error, is pending, the time for appeal not having and right and justice shall be administered not fully concur but by which they felt that the court erred in refusing to give expired; but defendant further alleges without sale, denial, delay, or prejudice.” themselves bound. instructions on the presumption of law that, even if the plaintiff claims she is From the language of this section of the * * * that she was under coverture, as provided divorced from the defendant, she can Bill of Rights, it appears to us that the We think a clearly intended right would by statute. Penal Code, sec. 1802, 21 receive nothing in damages, as under the framers of our Constitution clearly be denied to a married woman in such Okla. St. Ann. § 157. And requiring the law dissolution of marriage does not per- intended to open the courts of justice to cases to hold that she could not recover. jury to find that she was acting independ- mit the plaintiff to sue defendant for a tort every person, no matter whom, for By this we do not mean to be understood ently of her husband’s control in order to committed upon the plaintiff during redress of wrongs and for reparation for as holding that a married woman in such find her guilty. coverture”— concluding with a prayer.” injuries. cases is entitled to exemplary damages The instructions requested were refused ...This brings us to a question which, In furtherance of such intention, our for mental anguish, humiliation, etc. We by the court and the instructions given by especially under modern jurisprudence, Legislature, realizing the harsh rules of doubt whether such doctrine would be the court did not submit the question of has been the occasion of much profound the common law in such matters, has pro- sound. These are matters which, in the whether she was a free agent or acting reasoning and of an equal amount of vided section 3363, Rev. Laws 1910: very nature of things, she takes chances under the direction of her husband. sophistry. Many carefully reasoned, “Woman shall retain the same legal exis- on, assumes the risk of, when she enters It is contended that the inference of though we cannot say well reasoned, tence and legal personality after marriage into the marriage contract and upon the cases are cited in support of plaintiff in as before marriage, and shall receive the marriage relations. But, upon the whole, See OLIO, PAGE 18 www.okcbar.org • May 2014 • BRIEFCASE 5

In Remembrance Events Joe Ruffin Seminars& JUNE 20, 2014 OCBA Awards Luncheon Criminal defense lawyer 12 Noon, The Towers Hotel JUNE 23, 2014 2014 OCBA Golf Tournament By Rex Travis tled. I’m confident a lot of his clients Gaillardia Golf Club Criminal defense lawyer, Joe Ruffin were unable to pay him or pay him very SEPTEMBER 12, 2014 much, but that didn’t seem to bother Joe. died March 23rd. He was 59 and died of 2014 Annual Dinner & Dance a stroke. After his college and before law Joe was an interesting man. He was school, Joe served in the Peace Corps in Skirvin Hotel born in Japan while his father, a psychia- Korea. He taught English as a second trist was assigned there in the military. language there. He seemed deeply effect- He grew up in Oklahoma City and went ed by that experience. Some thought it to OU for his undergraduate education prepared him to relate to his criminal and OCU Law School. clients later in life. Joe grew up a rich kid in a mansion at To most of us, Joe’s most salient char- 16th and Hudson, in Heritage Hills. acteristic was his cheerfulness and good Despite this (or perhaps because of it) attitude. Particularly was this remarkable one of Joe’s outstanding characteristics in light of the misfortune he had in life. was that he was able to relate to and iden- He married and had four children with tify with criminal clients, who were of a his first wife, Maria. She died, which was completely different background. He was a terrible blow to Joe. But he persevered always dedicated to seeing to it that his and survived it and remarried Gayle. clients got the quality defense to which They were to all appearances very happy he passionately believed they were enti- until his death. Criminal defense lawyer Joe Ruffin Goodbye Joe

By Teresa Rendon future in-laws that one of the things Joe Ruffin, OCU law grad, long- he noticed about their daughter was time criminal defense attorney, that she was very emotional, he devoted husband to Gayle, and lov- used a word in Spanish that meant PERSONAL INJURY ing father to four children, passed sexually aroused. You can just away on March 23, 2014. He left a imagine the future in-laws’ jaws large group of friends and loved dropping! In spite of this linguistic WORKERS’ ones who will remember him fond- gaffe, or maybe because of it, Joe ly. Joe had a personality as big as and Maria Elena got married in COMPENSATION the Goodyear Blimp, a finely craft- Mexico City. They settled in ed gift of gab, a large storehouse of Oklahoma City where Joe was SOCIAL SECURITY stories and jokes, and enough opin- starting his law practice, and had ions to give away freely at the drop four wonderful children Maria DISABILITY of a hat. Whenever I saw Joe at the Belen, Diana Luz, Daniel Antonio courthouse, there was always a and Montserrat Elena. Peter hug, a platonic peck on the cheek Haddock, Joe’s best friend and for- and a quip or two in store for me. I mer colleague at the Oklahoma have never seen a person who County Public Defenders’ Office could talk to absolutely anyone the remembers him as a man devoted to way Joe could. He and I both loved God and his family. estate sales, so from time to time, I After Maria Elena died of cancer, could corroborate this theory of Joe rekindled a long-ago relation- Joe. I would observe him in action ship with Gayle, who was his col- with complete strangers in animat- lege sweetheart and became his ed conversation. He would enter a second wife. How lovely it was that house and take up with a person they were able to meet again just at JOHNSON & BISCONE who looked like he was bored, the right time in their lives. Their WILL GLADLY REVIEW maybe waiting for his wife to fin- time together was shortened by ish shopping. Before you knew it Joe’s untimely death of a massive YOUR REFERRALS. there would be jokes told, personal stroke. stories shared and even an At Joe’s memorial service, attor- OKLAHOMA’S TOP RATED LAWYERS exchange of cards and phone num- ney William Campbell recalled PERSONAL INJURY bers. That man could talk to a fence Joe’s stellar courtroom performanc- LEXISNEXIS© MARTINDALE HUBBELL© post and make it listen! the kitchen, opened the refrigerator and es and the way Joe was able to get 2012, 2013, 2014 I first laid eyes on Joe when he and I served himself some lemonade. Joe never his clients to do the practical thing, were both law students at OCU. But it let anything get in his way, knew just which in some cases was to get the best 1-800-426-4563 wasn’t at school that I first noticed him. what he wanted, and had no use for for- deal they could. In other cases, Joe Instead Joe came knocking on our door malities. fought like a lion because he was com- 405-232-6490 one evening to pick up our cousin Maria When Joe and Maria Elena eventually mitted to access to justice for all, often Elena for a blind date. In typical Joe- fell in love, he went down to Mexico City referring to his clients as the “falsely 105 N HUDSON, SUITE 100 fashion, he came in and announced that to ask for her hand. Joe spoke fluent accused.” Joe left behind him a legacy of he was hot and thirsty and asked if there Spanish, but there were, from time to commitment to justice and the judicial HIGHTOWER BUILDING was something he could drink. Before I time, some expressions that he used cre- process, a loving family and devoted OKLAHOMA CITY, OK 73102 could get out of my chair, Joe marched to atively. When he wanted to explain to his friends. He will be sorely missed. 6 BRIEFCASE • May 2014 But Let Justice Roll on Like a River

By Roscoe X. Pound worm or two myself in the course of a easier to roll back the river itself than and the judiciary. The current system of OK, so some of you know me from my work day. Mostly, I come here to clear those policies, many initially conceived judicial selection lends itself to this great columns in The Briefcase. For those of my head. The wind off the river, sighed by persons of good will in the name of work. Take it from one living in a State you who don’t, I’m Roscoe X. Pound, and rattled through the reeds and marsh progress. where judges are appointed more on grass, a chill wind redolent of fish. For I thought about my friends in proprietor of Roscoe’s Bail Bonds, Bait political connection rather than merit. most of my life, breezes arrived redolent Oklahoma, where potential judges go Shop and Auto Parts in Secaucus, N.J. Many Oklahomans may not realize how of detergent and effluence. Today, you through a vetting process by a committee (accent on the second syllable if you good they have it. This offers a teaching can both fish and boat here. composed, in part, of representatives of opportunity for Bench and Bar. please). Since my establishment backs up The Hackie’s renaissance required the Bar elected from districts statewide. to the Hackensack River, I spend a lot of heavy labor by sportsmen, anglers, and Neither the executive nor the legislative Attorneys live and work in the eco-sys- time on the bank beyond my fence. folks living in proximity. Policies from branches enjoy a monopoly on commit- tem of justice. You must preserve it. Sometimes I hang out with the old timers both Trenton and Washington encouraged tee membership. What’s the downside? Bench and Bar must wade in and do some who sit out here fishing and spinning over-development and promiscuous Fair and impartial justice is the most fun- heavy lifting, but conservation is key. yarns. I’ve even been known to drown a dumping for about fifty years. It seemed damental purpose of the legal profession Reclamation is arduous and iffy.

Stump Roscoe

By Roscoe X. Pound People ask if I worry The Briefcase another’s house against the owner’s “Yep.” Dear Roscoe: One of my clients asked will steal my work. They don’t even list wishes intending to commit larceny, it’s “How does he figure in this?” me about a “poor man’s copyright” to me as a Contributing Editor. I say “no”. likely burglary as well. Sounds criminal “Not sure yet. May I ask what you protect poetry he’s written while a guest I know where they live and work, and to me. know?” of the State. Is there really such a thing, they know that, like Liam Neeson, “I Do we have to wait until financial He studied me for a moment. “She’s or is that an anachronism or urban myth? have a very particular set of skills, skills abuse metastasises into harder crimes? gonna be alright. No major physical dam- S.A.,Oklahoma City, OK. I have acquired over a very long career.” While there is no one particular abuser age. Heavily sedated though. Dear S.A.: Well, technically speaking, Dear Roscoe: My client is an elderly profile, prosecutor Paul Greenwood Apparently, she went to pick up the there really is no such thing, and the fact lady who has an adult son, recently opines: “He is between 35 and 50. He is owner of the condo for her boss. Walked that so many people seem to believe that divorced. He came back to Oklahoma either a single son who has never ever in on the mooks tossing the place. They there is doesn’t make it so. I believe your and moved in with her “temporarily” left home, or a divorced son who com- tried to beat some info out of her, but late Justice, Marian Opala, used the term and refuses to leave. He has not abused plains that he cannot pay alimony so he she’s a bit tougher than she looks. Then “hard to repress legal myth” a time or her, but is bleeding her financially. She comes back home. Or he has just someone else came in, shot the perps two in his opinions. That pretty much has called the police but they told her it returned from prison. In every case he is once each, clean through the heart. No sums it up. was just a civil matter. With no abuse, she lazy and unemployed.” Sounds like your casings left behind. I’m guessing a .38 You probably want a bit more meat. 17 does not qualify for a VPO. What’s a boy there, T.C. revolver. That’s about it right now. No ID U.S.C. 301 pretty much preempts com- mother to do? T.C., Oklahoma City. OK, the unfortunate answer is “yes.” on the dead guys. Anything you could mon law or state law, at least from and Dear T.C.: There is so much wrong Barring physical abuse or the assistance add?” after 1978. That puts the kibosh on the with this scenario I hardly know where to of law enforcement, an FED will be nec- I shook my head concept from the get-go. begin. The first thing I take issue with is essary to launch this dickwad from the “So what do you know about Tura?” Your client probably means the old your inference that financial exploitation nest. In my experience, lawyers hate Seery asked. “send a certified letter to myself” tech- is not abuse. It may not fit a statutory def- bringing these actions and judges hate “Who?” nique. U.S. Postal Service’s publications inition for purposes of a VPO statute, but seeing them. On the bright side, however, “Joseph Tura, guy that owned the - both hard copy and electronic - warn it is abuse nonetheless. The idea that it is it will lead to a writ of assistance, pro- condo.” against using mailings as proof of owner- something other than abuse would also vide a bit of evidence that Sonny Boy has “Never heard of him,” I said. ship or origin. Let’s face it, I can retype fit into Justice Opala’s “hard to repress no business on the premises, and provide “Apparently Crenshaw knew him.” Macbeth and mail it to myself, but that legal myth” category. It is, in fact, a vast- officers cover against lawsuits. “Joseph Tura?” I asked. I took out a doesn’t make me The Bard of Avon. Quite ly under-reported type of abuse which pen and wrote the name in the palm of frankly, I have enough trouble being the afflicts over 5 million elderly Americans. I arrived in the vicinity of St. Mary’s my hand. Sage of Secaucus. Mail (and like the In 90 percent of the cases, the perp is a not too long after the ambulance, not too “Know anything about him?” State of New York in Miracle on 34th family member. It’s an insidious form of long after the EMTs got Sylvia to the ER. “Older guy. Moved to the condo 3 Street, I’m second to none in my admira- abuse, largely arising out of three fac- The dearth of parking spaces ensured months ago. Prior address 1942 tion for the job USPS does) can be tam- tors. First, it’s more subtle than physical that, by the time I actually entered the Lombard, Waukegan, Illinois.” pered with, diverted, lost, or stolen. I abuse. Second, it’s rarely reported. Third, building, they at least had a chance to Seery gave me a card. I returned to the wouldn’t be too quick sending off a valu- the attitude of too many in Bar, on the give her a once-over. A uniformed offi- shop. Rae, looking professional in a Nine able manuscript. At best, this might pro- Bench, and in law enforcement relegate it cer, noticing my interest in a victim Inch Nails t-shirt, helped a woman trying duce evidence of authorship, but nothing to “civil matter” status. under his watch summoned a plain- to bail her husband out of the Jersey City dispositive. If I taught a class on Elder Abuse, of clothesman. The latter, a burly guy about jail. Chips sat at the spare desk eating an Copyright protection, like Ogres, has which there are way too few nationwide my age named John Seery, pushed back apple. Something didn’t look right but I layers. A) Until the work is set down in a IMHO, I would assign a book entitled his jacket slightly to display the shield of couldn’t place it. “tangible medium of expression” the Miss Astor Regrets by Meryl Gordon, a Hoboken detective clipped to his hol- “While you got nothing to do, why protection is virtually nil. Thus, as if and the legal cases Brooke Astor’s plight ster. don’t you get on the net and see what you folks in the joint don’t have enough to generated. If any extant or aspiring “You a relative?” he asked. can find out about a Joseph Tura, 1942 worry about in the shower, if your client lawyer, jurist, social worker, or peace “Friend,” I answered. Lombard, Waukegan, Illinois?” starts singing or reciting his work he’s officer doesn’t see financial exploitation “Got a name, friend?” “Is this a test?” he asked.”You’re an inviting theft. B) Copyright protection as the crime it really is, I’d recommend a “Roscoe Pound.” expert on those screwball comedies from kicks in automatically during the period career change. Even as law changes to “The bail guy from Secaucus?” the ‘30s and ‘40s. Joseph Tura was Jack between when it’s written down and put become more protective of vulnerable I nodded. Benny’s character in To Be or Not To Be. on the market. C) When the work actual- adults, it does little good without chang- “ Heard’a you. You’re not what I Benny was born in Waukegan. It was also ly enters the stream of commerce, it’s ing minds as well. Look, I realize that expected.” Carole Lombard’s last movie.” protected IF marked with the ©-date- courts, APS workers, and police are “Sorry to disappoint. Something else caught my eye. “What name legend. D) You must formally regis- overworked, underpaid, and, often He shrugged. “I pictured you as more are you doing to that apple?” ter your copyright before you can file for understaffed. But that doesn’t justify call- Tom Selleck-y and less Phil Robertson- “Eating it how?” infringement in federal court. ing a thing something other than what it y.” “Bottom to top. That way you can eat Why not register? It’s easy and inex- is. If a person enters or remains on a “I get that a lot.” the core too.” pensive. By the way, OCBA boasts some piece of property when the owner “So how do you know her?” I got home and scooped up an apple top flight IP lawyers - Mary Lee, Douglas instructs him to leave, that’s trespass. If “I’m actually a friend of her employer, from the kitchen table. I began typing Sorocco, and Trent Pipes to name but a he takes money from another without per- John Crenshaw.” this column. Later, I noticed the stem on few. mission, that’s larceny. If he enters “The guy that played Hosef Usher?” my desk. Kid was right about that too. www.okcbar.org • May 2014 • BRIEFCASE 7 iBar Definitive Playlists

By Chris Deason and Judge Don Deason A couple of years ago, a new priest, Father Ray Ackerman (son of the local advertising mogul), was assigned to the parish where Chris and I attend church. We liked him immediately. When he deliv- ered his homily (sermon), Father Ray would stand in front of the altar with no written notes and deliv- er a message that was profound, timely, and rele- vant to our lives. And, he did it within ten minutes or less - a man after my own heart. We really became fans of his one Sunday when his homily was based upon Peter Gabriel’s 1977 song, Solsbury Hill. For those unfamiliar, Gabriel rose to fame with the 70s progressive rock band Genesis. By most accounts, he felt that he had been thrust into a role Aspen 2014 The Deasons in their performances that was increasingly theatri- cal, and that he was cast as a front man in a role with which he was not comfortable. Gabriel abruptly left Genesis to pursue a solo career when he had not proven himself as an independent performer, a very risky move at the time. His first single release was Solsbury Hill, which still gets plenty of air play on various radio/digital station formats. In the song, whether he intended to or not, Gabriel describes what many have interpret- ed to be a spiritual awakening. As for Solsbury Hill itself, located near Bath, England, the written history begins with Iron Age and continues through the present day because of environmental concerns. Having enjoyed the song for decades, I had not paid attention to the lyrics until Father Ray wove them into his homily on that Sunday. Although Gabriel has disavowed religious overtones of the song, it is easy to under- stand how listeners could easily find a connection in the lyrics. Many a website is dedi- cated to what the song is about. The only consensus is that listeners agree to disagree about whether the song is based on Gabriel having a religious experience, based on his desire to be free from the commercial music machine, or about him getting taken back to his home planet by aliens. It seems the song can be about whatever you need it to be.

Climbing up on Solsbury Hill I could see the city light Wind was blowing, time stood still Eagle flew out of the night He was something to observe Came in close, I heard a voice Standing, stretching every nerve I had to listen had no choice I did not believe the information I just had to trust imagination My heart going boom, boom, boom Son, he said, grab your things I’ve come to take you home

To keep in silence I resigned My friends would think I was a nut Turning water into wine Open doors would soon be shut So I went from day to day Though my life was in a rut Till I thought of what I’d say And which connection I should cut I was feeling part of the scenery I walked right out of the machinery My heart going boom, boom, boom Son, he said, grab your things I’ve come to take you home

When illusion spins her net I’m never where I want to be And liberty she pirouette When I think that I am free Watched by empty silhouettes Close their eyes but still can see No one taught them etiquette So I will show another me Today I don’t need a replacement I’ll tell them what the smile on my face meant My heart going boom, boom, boom Hey, I said, you can keep my things they’ve come to take me home

Come back home Come back home Come back home

Lyrics from: www.lyricsfreak.com/p/peter+gabriel/solsbury+hill_20107506.html

See iBAR, PAGE 15 8 BRIEFCASE • May 2014 Memorial Day Memories

By Larry Sturgill ravaging the countryside? It was a total for breakfast were raw eggs or What is it about camping that makes mystery to me but, I slowly began to a pop tart, eaten directly from someone say, “I know what, we will relax and felt either the darkness of sleep the carton. I opted for the pop leave our comfortable house with cable closing in or I was beginning to pass out tart. A raw pop tart is pretty television, a nice hot shower, food in the from all the blood rushing to my head. much like eating cardboard fridge and a soft couch to stretch out on, Just before becoming comatose, I was with icing on it. I relished and instead, go sleep in a tent on the brought back to being fully awake by every bite, and in fact I con- ground with no amenities whatsoever?” raucous laughter from the two campsites sidered eating the carton the If anyone knows who does that, I would next to mine. Great, a party was going on pop tart came in since the pic- like to meet him so I can ask what drugs next door. ture looked so good. he used to make him that delusional. I could tell as the night wore on that I turned and saw my wife crawl- I have endured one camping trip in my alcohol was involved. I’m not sure what ing out of the tent. Her hair was adult life. Since we live in Oklahoma, the gave it away, maybe it was the loud standing out in all directions. She perfect place was the Illinois River, slurred words or the unnaturally loud looked for all the world like she had laughter, but clearly these were people encountered a severe electrical shock. If which has public campsites, rental once again aligned parallel to the who know how to camp. When they you have ever heard the term, “not a canoes and the ability to get away from it stream’s banks. That was a good thing. began the group songfest it really happy camper,” I am convinced that all, except for the five hundred other peo- The bad thing was that now we were brought the spirit of celebration to this phrase originated there that very morn- ple who would be camping in close prox- moving down the river backwards. small, out of the way campsite. I think it ing. From years of married experience, I imately to each other. It was Memorial At least the other canoes had slid past was when they began to sing “Davy knew this was going to be a challenging Day, what a perfect time to start the sum- us and I could now deal with a new group Crockett, King of the Wild Frontier,” that day. mer season. of canoeists. Because we were moving I got emotional. Our first stop for this fun filled day We packed light-check, a tent-check, backwards, it was difficult for me to I loved that song and that show. was at the canoe rental. There sleeping bags-check, a cooler maintain the same speed as the I remember never missing an seemed to be hundreds of with drinks and snacks- rest of the group, so one episode of Fess Parker as people, all renting canoes. check, check, check. We after another came up and Davey Crocket. I even The canoes themselves arrived at the camp- glided past me. One had a coonskin cap I were shiny aluminum grounds just before guy who was no more wore while I watched that all looked as if dark, paid the camp- than three feet from the show. Hearing the someone had beaten ing fee and got our lot me as he passed song being sung on them with a ball assignment. It had asked, “Why are you made me wish that at peen hammer. I have been dry so no bon- going backwards?” this very moment I never seen a sorrier lot fires were allowed. It “I’m in training to was hiking through the of boats in my entire didn’t matter since get my canoe guide’s forests of Tennessee, life. We got our canoe there was no firewood to license. This is one of the maybe in the Smoky and with my wife in the burn anyway. things you have to know Mountains, where a bear front, I pushed off. I had I immediately began to how to do.” could pounce from behind a tree, never been in a canoe before, but pitch my tent, which is camping “Cool man, that’s awsome.” kill, eat me and put me out of my misery. how hard could it be? She had said she talk for getting the tent out of the box and The river finally curved and I was able I could feel the rocks under the tent was not paddling and had instead brought attempt to decipher the instructions to set to run the end of my canoe up onto the floor and the temperature inside had risen a book to read. the thing up. I found a level place and beach. I jumped out in water up to my to what seemed like maybe one hundred The river was solid canoes. From bank carefully cleaned up the bigger rocks so I knees and finished pulling the canoe degrees. I considered moving to one of to bank and nose to tail, the canoes filled had a nice place for the tent. At this point, ashore. I figured I would wait for an the nice picnic tables where I the waterway. It would have I should say that even if the ground looks opening and then resume the journey, could peacefully sleep the been possible to walk on to be level, it is not. It only took me an only frontwards this time. My shoes were night away, but the canoes from one side of hour to finish what the tent instructions full of water and my socks were soaked. sounds of scurrying the river to the other said was a ten minute job, and by then it At least, if I had to walk through a fire, animals past the without getting was pitch black dark. my feet would be saved. tent changed my your feet wet. We Since we had no electricity and it was It was only a few minutes later that a mind. I did not had not gone pitch black, we had little choice but to gap appeared in the river of aluminum want to share my more than a hun- retire early and be ready for the next day, and we started off downstream again. By bed, even if it dred yards when ready for a full day of fun and adventure. hugging the bank and pushing away from was a table top, the canoe to my I learned some things about a tent. First, it with my paddle, each time we drifted with a family of left went aground you have to crawl into it. Second, you close, and then occasionally jumping out raccoons who and left an open can’t stand up so preparations for and pushing the canoe from behind, I was might decide to lane. At the same undressing had to be done on your knees able to navigate the rest of the course. have my ears as a time the canoe on or rolling around on the floor of the tent. We went to the rental office, turned in midnight snack. I my right nudged my I decided to just empty my pockets and our canoe and got in the van for the drive could only wonder if we canoe causing it to turn sleep in my cutoff blue jeans and shirt. I back to the starting point. My children were having fun yet. to the left. I didn’t know unrolled my sleeping bag and crawled were simply gushing with enthusiasm. Just before first light, the party how to stop it turning. inside. That’s when I discovered that the “Wasn’t this fun, we need to do a family next door had apparently ended, either In an instant we were perpendicular to floor was really not level and no matter outing like this every year.” from the revelers drifting off to sleep or the bank and there were three canoes how I stretched out my feet were always “Sounds great, “I said. Meanwhile I dying from alcohol poisoning. I unzipped lined up along the side of ours and were higher than my head. While there may be was thinking, “Instead of a camping trip the tent entrance and stuck my head out. pushing us downstream sideways. Do no crying in baseball, apparently there next year, how about something that is I breathed in the fresh air scented with you know that canoes don’t have are no pillows in camping, at least we much more fun, like root canals on diesel fuel, carbon monoxide and the brakes? Apparently their skill never brought any with us. I’m sure all my teeth or a do-it-your- odor of unpicked up garbage level was not much more the difference was only a few self appendectomy in the from the can next to the tent. than mine and I could see inches, but it felt like I was comfort and conven- It just keeps getting better. in their faces that they practically hanging from ience of the bed of my A quick trip to the were unsure what to the roof of the tent, much pickup truck.” bathroom and then to do next. That is when like a vampire in some Unfortunately, I delve into the food bag fate intervened and hidden closet. have not been able to to see what was for one end of my canoe Maybe that is what work another camp- breakfast. Let’s see... we struck against a sub- had happened. Maybe, ing trip into my busy have no electricity, could merged rock which unbeknownst to me, I holiday schedule of not build a campfire and stopped that end from had become a vampire, but lying on the couch and did not have a camp stove. moving and caused us to if that were true, why was I looking at the ceiling. That would mean my options pivot slowly until we were ready to go to sleep instead of Maybe next year. www.okcbar.org • May 2014 • BRIEFCASE 9 10 BRIEFCASE • May 2014 www.okcbar.org • May 2014 • BRIEFCASE 11

Keynote Speaker Chief Judge David Lewis President Patricia Parrish shows off the stuffed animals that were donated to the Bethany & Warr Acres 2014 Law Day Chair Curtis Thomas David High and Angela Ailles Bahm answer phones at the Ask a Lawyer Program. Police Departments after the luncheon.

Journal Record Award recipient Jim Howell with Journal Record Publisher Mary Mélon. Liberty Bell Award winners Penny Denton & Susan Blethrow with YLD Chair Drew Mildren. Calm Waters Executive Director Barbara Butner accepts the 2014 Howard K. Berry Sr. Volunteer David Cheek at this year’s Ask a Lawyer Program. Award from OCBF Director Charles Geister. “The rule of law for those of us that believe in it know that every citizen, no matter how low or high you are, you will be treated with respect; that’s the rule.” - Chief Judge David Lewis of the Oklahoma Court of Criminal Appeals

The Oklahoma County Bar Association’s Lewis told the crowd, “The rule of law for presented the Leadership in Law Awards to The Annual Ask a Lawyer Program was celebration of Law Day 2014 began with a those of us that believe in it know that Shirley Cox, Miguel Garcia, Will Hoch, also held on May 1 at OETA Studios. This sell-out crowd at the Annual Law Day every citizen, no matter how low or high Michael Joseph and Sheila Stinson. The annual program sponsored by the Luncheon held on May 1 at the Skirvin you are, you will be treated with respect; recipient of the Howard K. Berry Sr. Award Oklahoma Bar Association offers telephone Hotel Grand Ballroom. Keynote speaker, that’s the rule.” was Calm Waters Center for Children and consultations free from 9 a.m. to 9 p.m. The Chief Judge David Lewis of the Oklahoma Former Senator Jim Howell was honored Families. The Young Lawyers Division Oklahoma County Bar Auxiliary provided Court of Criminal Appeals, spoke on this with the prestigious Journal Record Award. presented the Liberty Bell Award to Penny refreshments throughout the day for those year’s theme of Every Vote Matters. Judge Journal Record Publisher Mary Mélon also Denton and Susan Blethrow. lawyers participating in the event. 12 BRIEFCASE • May 2014

CAVETT KIDS from PAGE 2

(campers affected by muscle loss or amputations due to campers fishing, lawyers have significantly contributed camps and events are not possible without the extreme cancer), shooting clay pigeons at Leadership Camp to making a life changing impact on these campers’ generosity of private donations. The legal community (campers with exceptional leadership qualities), dancing lives. One special lawyer went so far as to rent a limo to has become a mountain of support for Cavett Kids the night away at Kamp Courage (kidney/spina take several lucky Cavett Kids for a very special night Foundation and its many campers. bifida/cerebral palsy/PKU/ diabetes), and teaching older to the Hanson concert in Tulsa! campers life lessons at Transitions Camp (campers striv- Outside of volunteering time, lawyers have generous- Cavett Kids Foundation - Three C’s: ing to succeed at adult life). From closing down the ly given and raised thousands of dollars so that these • Teach Coping Skills in a nurturing, fun environ- office so that staff can volunteer, to renting boats to take special children can enjoy camps free of charge. These ment; • Build Character by reinforcing positive expecta- tions and encouraging personal growth; • Establish meaningful Connections between chil- dren who often feel isolated from their peers.

These are the “Three C’s” that the Cavett Kids Foundation strives to instill in every camper – the cor- nerstone of the Cavett Kids’ philosophy, and the main reason that Cavett Kids’ events so often become a trans- formative experience for both campers and volunteers. What started with one camp and a dream has now become six camps serving over 400 children with vari- ous life-threatening and chronic illnesses each year. The diagnoses may differ – leukemia, heart disease, cystic fibrosis, Crohn’s disease to name just a few – and the treatments and outcomes may vary, but a common expe- rience links all campers, creating a unique environment where children hear stories that sound remarkably like their own. For many, camp is the only place where these children feel truly understood, where they never feel left out. Cavett Kids also helps over 10,000 children and their families through a partnership with University of Oklahoma Physicians called Diversionary Play. Camp fosters independence and self-sufficiency; it creates a sense of being able to do normal things while dealing with extraordinary challenges. In the process, support systems are formed, friendships that campers can rely on long after camp is over and the hardships of normal life have resumed.

The Value of Sunshine... Children feel it and parents see it. Children come home, tired but happy, fortified by fun and sunshine, excited about the challenges they faced and the friend- ships they made, instilled with newfound feelings of independence, and – most important of all – proud of themselves and all that they accomplished. When Cavett Kids go back to school in the Fall, they’ll have their own camp stories to tell — just anoth- er ordinary summer camp experience in the Oklahoma sunshine. Isn’t that extraordinary?

Cavett Kids Foundation is hosting a fundraiser, “Camp Challenge”, on May 30, 2014 at Riverwind Casino. This is a wonderful opportunity to learn more about Cavett Kids and to help fulfill the dreams of these courageous children. For more information on Cavett Kids Foundation: “Where illness does not define the child.” go to www.cavettkids.org.

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210 Park Avenue, Suite 220, Oklahoma City, OK 73102 Call (405) 235-4800 for reserved parking at East City Center Garage. Enter at the corner of Park and Harvey to use our reserved parking. We are always open at www.teenahickscompany.com www.okcbar.org • May 2014 • BRIEFCASE 13

Bar Observer

DFPH&J Names New Partner and Gas Law and Estate Planning. Prior to er of F&M Bank and Prosperity Bank, Jeff is Hall works in the firm’s Oklahoma City joining GableGotwals, Leo was a sole practi- returning full-time to the firm as a sharehold- office, where he specializes in business and Daugherty, Fowler, Peregrin, Haught & tioner at Portman & Associates. He has pre- er. With additional knowledge of the banking commercial litigation with an emphasis on Jenson (“DFPH&J”) has named Mark J. viously served as President of an oil and gas industry’s legal, operational, financial, com- financial institutions and finance, securities Peregrin as partner at the firm. company during bankruptcy liquidation and pliance and regulatory requirement, Jeff is litigation, bankruptcy and creditor’s rights Mark J. Peregrin has been assisting clients payment of creditors, all of whom were paid distinctively qualified to assist both large and and debt restructure and loan workouts. He is as special FAA counsel at DFPH&J since in full under his direction. He also fulfilled small banks. a member of the Antitrust, Banking & 2007. His practice is focused on structuring the role of sole practitioner for oil and gas Jeff can be reached at jhassell@gablelaw. Financial Institutions, Bankruptcy & and closing worldwide transactions involving corporations and outlined estate planning com or 918-595-4823. Creditor’s Rights, Litigation & Trial and the sale, registration, leasing and financing of programs for clients. Securities Litigation practice groups. private, corporate and commercial aircraft Rex E. Herren brings over forty years of Crowe & Dunlevy Liles is a director in the firm’s Tulsa office. and the filing of such transaction documents experience to GableGotwals in the areas of He focuses his practice on multiple aspects of with the FAA Registry in Oklahoma City, Title Examination, Oil and Gas, Real Estate Announces New Directors business and commercial transactions, with Law, Indian Law and Probate Law. He has an emphasis on aircraft, secured financing, Oklahoma. He also advises clients on matters Crowe & Dunlevy recently named worked with both the Five Civilized Tribes in real estate, mergers and acquisitions, and arising under the Cape Town Convention Zachary W. Allen, Elliot P. Anderson, Eastern Oklahoma and the General Allotment securities. He is a member of the with regard to the filings of interests and Adam C. Hall, Brett D. Liles and Drew T. Indians in Western Oklahoma. Rex has also Aviation/Aircraft, Banking & Financial prospective interests in aircraft with the Palmer directors of the firm. International Registry. Prior to joining served as Assistant Regional Solicitor with Institutions, Construction, Corporate & the Office of the Solicitor in Tulsa, Allen is based in the firm’s Oklahoma City Securities, Indian Law & Gaming and Real DFPH&J, Mark practiced law in the area of office with a focus on real estate. He concen- real estate, including title examination and Oklahoma. Estate practice groups. trates his practice in commercial real estate Palmer practices intellectual property law litigation, with firms which represented lending, leasing, development and sales national real estate lenders and his practice in the firm’s Oklahoma City office, specializ- Jeff Hassell Transitions from transactions, representing a diverse range of ing in litigation and conflict resolution in the was statewide. General Counsel to clients, including developers, purchasers, software, Internet and other high-technology GableGotwals Shareholder owners, tenants and lenders. industries. He advises clients on a variety of GableGotwals Welcomes Leo J. Based in the firm’s Tulsa office, Anderson matters related to the protection and enforce- Portman and Rex E. Herren as Jeff Hassell brings a unique perspective to provides litigation and consultation services ment of their patent, copyright, trade secret his banking clients. He has spent the majori- in business and commercial matters, with a and trademark rights. Leveraging his back- Of Counsel Attorneys in the ty of his career as a GableGotwals sharehold- particular emphasis on environmental com- ground in the software industry, Palmer also Oklahoma City Office er. However, this past year he has navigated pliance and remediation, and oil and gas law. drafts and negotiates software and other tech- the legal intricacies of the banking industry His areas of practice include Energy & nology licenses for various regional business- Leo J. Portman will work in several areas from a general counsel position at the F&M Natural Resources, Environmental and White es. He is a member of the Intellectual of practice including Title Examination, Oil Bank & Trust Company. After a recent merg- Collar, Compliance & Investigations. Property and International practice groups. Old News

Excerpts from OCBA News: At The Capitol proposed legislation has been sent back to the ing of Municipal traffic offenses so as to Senate Judiciary Committee for the purpose comport with the state statutes in assessment March, 1973, Part 3 By Kurt Ockershauser of examining its compliance with the of penalties. This bill is currently in the As usual, the current session of the Supreme Court ruling. After the Judiciary Municipal Government Committee and will Unauthorized Practice Committee, it will be passed to the Public and Legislature has under consideration a number then go to the Senate Judiciary Committee. In response to the State Supreme Court’s of bills particularly pertinent to lawyers. One Mental Health Committee, before going to Other developments in the Legislature decision of 1972, concerning the practice of of the most imposing pieces of legislation is the floor of the Senate. include a proposal to increase District law by laymen, who do not have any relation- SB 22 which will be known as the Oklahoma A bill is currently being considered in the ship with the court, the OCBA employed an Criminal Code. This Bill endeavors to repeal Senate Judiciary Committee which would Attorneys’ salaries to match that of District attorney who wrote an amicus curiae brief. Title 21, as well as other selected sections in increase all but one of the Associate District Judges. Also included is a proposal to allo- Due to the efforts of the County Bar, a an attempt to clarify, update and consolidate Judges in Oklahoma County to full District cate 30 percent of the Court funds to be used recent opinion was issued by the Oklahoma Oklahoma’s present criminal laws. The Bill Judges. This would be welcome news to all for the needs of local law enforcement agen- Supreme Court holding that the Judicial Associate District Judges in that it would Department may prevent an unlicensed per- is presently in the Senate Judiciary where it cies. Finally, it is hoped that some of the son from engaging in the practice of law has been since January 3, 1973. properly increase their salaries by $3,000 per problems involved in the vacation of streets without regard to whether their acts are While much can be said about no-fault year. The bill will be passed to the and plats will be solved. There are two insurance, both pro and con, it appears the Appropriations and Budget Committee and “forensic” or “non-forensic.” Senate bills pending which specify with Legislature, regarding the current attempts to will then pass to the floor. The Unauthorized Practice of Law greater particularity, who is supposed to Committee has been reactivated. All mem- bring Oklahoma’s laws concerning abortion The Municipal Court Reorganization Act receive notice of the intended action and how bers are urged to notify the Oklahoma into line with the recent Supreme Court deci- of 1973 proposes some streamlining in County Bar Association of any activities sion. The Uniform Abortion Act of Municipal Courts here in Oklahoma. One of such notice is to be affected. These appear to which may involve the unauthorized practice Oklahoma is expected to create a good deal the provisions requires all Municipal judges be the most substantial changes in the proce- of law. of controversy in both Houses. Already, the to be attorneys. There will also be a realign- dure as it is now being considered.

Quote of the MONTH “No one on his deathbed ever said, “I wish I had spent more time at the office.”

~ Paul Tsongas, U.S. Senator (1941-1997) 14 BRIEFCASE • May 2014

Work Life Balance The Positive and Negative Roles of Alcohol in Heart Health

By Warren Jones two drinks per day for men. Protection The newest issue of the Mayo Clinic continues, while lessening, in Proceedings has a wonderful review article women for intake up to 2 1/2 on the positive and negative effects of alco- drinks per day and for men up to 4 hol on heart health. per day. Intake Ultimately, it’s the dose above those levels is that determines the out- associated with progres- come. That is, a little goes sively higher death rates, a long ways towards heart and in a dose – dependent health, and an abundance relationship. is destructive. “Little” and The relationship between “abundant” are defined by alcohol consumption and drinks per day or (depend- heart rhythm is similar. ing upon the design of the Heavy alcohol consump- study) week. “Drinks” are tion, whether short-term or defined by the alcohol long-term, can precipitate being consumed: a arrhythmias. Above a safe “drink,” regardless of the threshold of approximately variety, contains 14 grams 1 drink per day, the relative of ethanol. This equates to risk of atrial fib increases 12 ounces of beer, 5 approximately 10 percent for each drink per day. ounces of table wine, and Warren Jones And how about the rela- 1.5 ounces of hard liquor for stroke. Nonetheless, tionship between alcohol consumption and or distilled spirits. most studies show a protective effect The health effects of drinking are deter- high blood pressure? Same old, same old. with light to moderate drinking and, yes, an mined by the quantity, as I have said, and the Beyond the first one or two drinks per day, The health benefits of drinking, similar to elevated risk of stroke with heavy drinking. those bestowed by exercise, are best attained pattern of consumption. Studies have consis- each additional alcoholic drink will increase The American Stroke Association recom- tently reported that light to moderate blood pressure. Within 2 to 4 weeks of absti- when done daily and in moderation. This is mends that heavy drinkers who have had likely due to the fact that many of the bene- drinkers are at lower risk for cardiovascular nence, alcohol induced high blood pressure strokes should eliminate or reduce their fits of light to moderate drinking are tran- disease than abstainers, but heavy drinkers will resolve. alcohol consumption. are at the highest risk. It appears that the And the relationship between alcohol and The relationship between alcohol and type sient, generally dissipating within 24 hours. maximum protection is noted at one half to strokes? Heavy drinking and chronic alco- II diabetes? Consistent data indicate that I should not leave this topic without men- one drink per day for women, and at one to holism are strong independent risk factors regular light to moderate drinking is associ- tioning that, notwithstanding the benefits of ated with substantial reductions of 30 to 40 light to moderate drinking, heavy, long-term percent regardless of the alcoholic beverage alcohol use increases the risks for many consumed. And consistent with the above malignancies, particularly cancers of the data, the protection decreases or disappears gastrointestinal tract and liver. In addition, with more than four drinks per day. for women, even light to moderate alcohol by Inwood Office Furniture Finally, the relationship between alcohol intake is associated with increased risk of Ergo consumption and the metabolic syndrome? breast cancer. Consistent with the above data, a lower So, there you have it. It is very clear that, prevalence of the metabolic syndrome is except for the breast cancer risk in women, seen in people who regularly consume light light to moderate drinking is protective and to moderate amounts of alcohol. should be practiced. On the other hand, The main active ingredient of any alco- holic beverage is ethanol. It is this com- habitual alcohol intake appears to be a slip- pound, rather than any other component of a pery slope that some people cannot safely drink, that is the primary factor for both con- navigate. As a result, the American Heart ferring health benefits and causing toxicity, Association cautions people not to com- depending on the pattern of consumption mence drinking if they do not already con- and dosage. Light to moderate intake will sume alcohol. Cheers! enhance insulin sensitivity, elevate high den- sity lipoprotein cholesterol (the good choles- terol), reduce inflammation, increase Warren E. Jones, JD, HFS, CSCS, CEQ, is an adiponectin (to help regulate glucose levels), American College of Sports Medicine (ACSM) improve endothelial (blood vessel) function, Health Fitness Specialist, a National Strength reduce triglycerides, and reduce abdominal and Conditioning Association Certified Strength obesity (greater amounts will increase and Conditioning Specialist, and a holder of an abdominal obesity and triglycerides in direct ACSM Certificate of Enhanced Qualification. proportion to the amount consumed... per- His clients range from competitive athletes to the haps giving truth to the concept of a beer morbidly obese. He can be reached at inwood belly. [email protected] or at 405-812-7612. OFFICE InVIRONMENTS a new approach to the sit/stand work environment. www.okcbar.org • May 2014 • BRIEFCASE 15 Bill Pipkin - Douglas Bragg hired as new Staff Attorney in Established First Legal Aid’s Oklahoma City Office Party “Bad Faith” Legal Aid Services of Oklahoma, Cleveland County Bar Association, Inc. welcomes Douglas Bragg as a and the Oklahoma Criminal Defense new Staff Attorney in the Oklahoma Lawyers Association. Law in Oklahoma City office. Doug received his Mr. Bragg was on the Executive Bachelor of Science Board of the Black in Criminal Justice Law Student from Tennessee State Association while a By Rex Travis University in 2005. student at OU Law. William A. “Bill” Pipkin died April 7. Bill He received his J.D. Upon graduation, he was not a member of the Oklahoma County from the University was selected for mem- Bar. He always practiced in Moore but had a Those of us of Oklahoma, College bership in the National lot of cases in Oklahoma County. Bill was “ of Law in 2009. Order of Barristers, who practice in Mr. Bragg will be which is an honorary not a specialist. He was a general practition- working as an embed- society dedicated to er who handled the gamut from family law ded attorney with The recognition of out- to criminal law and real estate cases. Yet, he this area have Education & standing performance established an important area of Oklahoma Employment Ministry in advocacy by law law: first party bad faith. benefitted from (TEEM) in Oklahoma students across the Bill represented a man named Bobby City. He is a member nation. He is extremely Christian, who worked for an oil field relat- Bill’s willingness of the Oklahoma excited about joining ed company. Christian had a disability poli- County Bar the Legal Aid commu- cy through his company. Bill sued American to try to change Association, the L. Douglas Bragg nity. Home Assurance Company in Garvin County, where Mr. Christian lived and bad law. worked because the insurance company ” would not pay him disability benefits under - Rex Travis the policy. iBAR PAGE 7 from During the trial of that suit on the policy, it developed that the insurance company had unanimous opinion, adopted the California courts’ rationale, holding that there was a Merle Gile: Upon graduating from the OCU School of Law night program in no legal defense to the claim. It had to pay covenant implied in an insurance policy, that 1972, Merle hung out the proverbial “shingle,” and thought he was big enough to file two the policy benefits. the insurance company would handle claim law suits on the same day he was admitted to practice law. One of those cases went to Bill then filed a second suit in Oklahoma in good faith and, if good faith required it, jury trial. Merle had never before witnessed a jury trial in his entire life. As expected, he County arguing that the insurance company pay the policy. The case became Christian v. managed to anger the Judge who ceremoniously sustained a demurrer. Thankfully, the was in bad faith in denying the claim and American Home Assur. Co., 1977 OK 141, Judge cooled down enough to grant the newly minted attorney’s Motion for New Trial. that the denial of benefits caused Christian Merle thought he was clever until the Defendant appealed. Even though he had never emotional distress and made him pay attor- 577 P.2d 899. done an appeal, he pulled one out of his boot and the Supreme Court ultimately held in ney fees. The case was assigned to Judge There had been earlier cases in which a his favor. The Defendant gave up, but settled for only a minimal sum of money. A victo- Jack Parr. The law in Oklahoma at that time liability insurance company could be held ry? Of course it was. Trial by fire is always worth the education, if not for the riches. was clear: the only thing the insurance com- liable to its insured if it failed in bad faith to Merle is like Cher to the extent that his storied history with OCBA members can be con- pany owed for failure to pay an insured’s pay a liability claim and, as a result, the jured up by the mere mention of his name. As far as we know, he is in no other way like claim was the amount of the claim. This did- insured became liable for an amount in Cher. His list of cohorts brings to mind a Rat Pack of sorts consisting of Merle, D.C. n’t give an insurance company much incen- excess of his policy limit. These were called Thomas, Jake Hunt, and Jack Dawson. He listens to music in his car. Here are a few of tive to pay claims since all it would be out “third party” bad faith cases because the his favorites. would be its defense costs and what it would claim involved the insured’s liability to a have to pay if it lost the case. third party (the claimant) Those cases were Song Title Artist Judge Parr, of course, followed the law in based on the rationale that the insurance company, by agreeing to defend the insured, How Great Thou Art Sandi Patty place at the time and sustained American Home’s Motion for Summary Judgment. owed a fiduciary duty to do so in good faith. Take It Easy Eagles Bill knew that was the law, but it just didn’t However, this was the first case to apply the I Did It My Way Frank Sinatra seem right to him. He appealed, urging the rule in a first party case (where the insured is I Got Friends in Low Places Garth Brooks Oklahoma Supreme Court to reverse the law suing his insurance company for money). Somewhere over the Rainbow Judy Garland which held the insurance company was not Those of us who practice in this area have Sioux City Sioux Dick Thomas liable for “consequential damages” if it benefitted from Bill’s willingness to try to Scotch and Soda (guilty pleasure) Dean Martin denied a claim in bad faith. He relied on change bad law. I and my clients have had the some California cases which had broken benefit of Bill’s good work for almost 40 Monica A. Dionisio: Monica grew up in Elk City, Oklahoma. As the daugh- new ground in holding that way. years, for which I remain grateful. It’s an ter of attorney Paul Albert, she followed his footsteps. They hope the dynasty will con- The time was right. Justice Simms, in a inspiration for the good things lawyers can do. tinue with her younger brother who was taking his very last law school final on the day this article was written. All three attended the OU College of Law. Monica graduated in 2012, and began her practice with Heroux Partners in Tulsa. When the firm was absorbed into some larger outfit, she returned to OKC and became an associate with the firm Hester Schem Hester & Deason where she has been cutting her chops on what is report- ed to be the largest divorce case in U.S. history. Monica and her husband have undertak- en what she leads us to believe is the world’s largest backyard renovation. They have two loyal pups named Scout and Radar. The iPhone is loaded up with county music, but she likes all sorts of music. The songs listed are a few of her favorites. Song Title Artist My Maria Brooks and Dunn Baby’s Got Her Blue Jeans On Mel McDaniel Alabama Cross Canadian Ragweed I Will Follow You Into the Dark Death Cab for Cutie Royals Lorde Crazy in California The Great Divide Heartbreaker Mariah Carey (guilty pleasure) 16 BRIEFCASE • May 2014

TIME CAPSULE from PAGE 1 tice. In 1906, he was elected to serve as a to pure partisan politics must be vigorous- member of the Constitutional Convention ly defended by the legal profession. from the Chickasha district, which met in While judicial compensation has been 1906, in Guthrie. increased over the decades, there has been At the election of state officers, held at no increase in judicial salaries in the last the same time as that for the adoption of seven years. Although the budget for the the Constitution, Hayes (32 years old) was entire judiciary is less than 2 percent of the elected to the Supreme Court. He began state budget, salaries for the 3rd branch of his service on November 16, 1907, upon government are lagging well behind the the issuance of the President’s proclama- regional average. Judicial salaries must tion admitting Oklahoma into the Union. keep pace, encouraging younger attorneys He was elected Chief Justice in January of to fill the shoes of those retiring judges. 1913 and served in that capacity until The court reform of the 1960s eliminat- 1914, when he resigned. He then became a ed the byzantine court system in effect the candidate for the US Senate against first half century of Oklahoma’s history. It Senator TP Gore, but was defeated. He was substituted a greater, more simplified sys- a Democrat, a Methodist, a 32nd degree tem of courts and judges, with much of the Mason, a Shriner, two-time Regent for selection process for judges based on Oklahoma University, member of the merit. It eliminated the justice of the peace Men’s Dinner Club, and the Oklahoma system whereby appointees need not be City Golf & Country Club. He was well trained in the law, and whose income was regarded by everyone. He loved farming dependent on the manner in which they and he retired to farming about ten miles decided cases before them. It also elimi- southwest of Oklahoma City. He made a nated the need for appellate judges to scientific study of cattle, and had one of amass large amounts of campaign money. the finest Guernsey herds in the US. He Greater standardization in procedure fol- fell ill in 1940, and died on March 14, lowed, with the adoption of the uniform 1941. He is buried in Chickasha. Pleading Code, the Evidence Code and the The History Museum will open an Discovery Code. These changes reflect exhibit on April 22, 2014 that features all substantial movement in the right direction of the treasures. toward fulfillment of Chief Justice Hayes’ A full history of Chief Justice Hayes can third hopeful point of judicial progress. be read in the Chronicles of Oklahoma, No doubt, Chief Justice Hayes would be Volume 19, No. 4, December, 1941 by very proud of our legal profession, the D.A. Richardson. See: http://digital. quality of our judiciary and the quality and library.okstate.edu/Chronicles/v019/v01 uniformity of justice in Oklahoma 100 9p309.html years later. For the most part, we have pro- While the content of the letter speaks for gressed along a path of continual improve- itself, and Chief Justice Hayes’ comments ments. He was hopeful that we would are incredibly prescient, it is clear that avoid the problems that plagued the legal Justice Hayes did not anticipate that a system in Oklahoma in 1913. However, we woman might be Chief Justice, beginning must be forever vigilant to avoid repeating the letter with “My Dear Sir.” He surely the mistakes of the past. What will we, as never anticipated that the Chief Justice of a profession, pass on to the next genera- the Supreme Court who opened the letter is tion? the first African American appellate jurist Chief Justice Tom Colbert, in his in Oklahoma history, also a fellow educa- remarks to the newly admitted attorneys in tor. Oklahoma on April 22, 2014, referenced The letter makes 3 points: the letter from Chief Justice Hayes. Chief 1. Judicial elections at all levels should Justice Colbert stated: “You may wonder be non-partisan. why I mentioned the remarks from a Chief 2. Judicial pay should be sufficient to Justice from 100 years ago. I have done so, attract quality candidates. to illustrate to you the timeless relevance 3. Improved quality and uniformity of of the unchanged challenges in our judici- justice, procedure and trials which ary and the Bar Association that we are would insure that most cases be facing today... As Chief Justice Samuel resolved at the trial level and only Hayes hoped in 1913 that justice (in 2013) cases of real legal significance, i.e., is so uniformly and unerringly adminis- constitutional issues would be tered that all small litigation ends in the reserved for appeals. trial court. To help effect this result in 2014, is by guaranteeing that every person Fifty five years after the letter was writ- has the fundamental right of equality and ten, as a result of the revelations of embar- access to our courts will be aided by you, rassing corruption in the highest levels of by insuring that we continue to have a the judiciary, a nonpartisan merit selection well-trained and highly qualified bar.” process was adopted for the selection of George Santayana is often quoted for his appellate judges, with nonpartisan reten- insight into our human tendency to repeat tion elections. All judicial trial court elec- our errors, saying, “Those who cannot tions also became nonpartisan. These remember the past are condemned to changes were not accomplished without repeat it.”* Let us vow that access to jus- opposition. To this day, there are leaders in tice will not be a forgotten goal, that well this state who want to alter or abandon this trained and qualified lawyers and judges system of judicial selection because it will administer justice according to law strengthens the independence of the judici- and equity, and that construction of the ary, and return to a time when judges were judiciary will not be made upon partisan merely politicians who could be easily designs. influenced by the rich and powerful. Judicial independence is the foundation of *From: The Life of Reason, by George equal justice under the law. Any change Santayana, 1905. This quote is often incor- that makes the selection of judges subject rectly attributed to Winston Churchill. www.okcbar.org • May 2014 • BRIEFCASE 17

PROFILES from PAGE 1 microphone and called the football game (about which he retary, Pat Chivers, with his success at balancing a leg- had only rudimentary knowledge) for more than a quar- islative career with his family and on-going legal prac- ter, lest there be dead air. The very next week, Ray was tice. named “Sports Director” of Payne’s radio station. Other Following his tenure at the State House, Ray returned misadventures with Bill Payne ensued, including an to the private practice of law, never intending to run for attempt to break the world record for a live radio broad- public office again. However, not much time passed cast by a single person, which Bill understood to be 63 before the Oklahoma County Assessor, Leonard Sullivan, continuous hours. Ray managed a 63.5 hour “Wake-A- contacted him about helping some County officials Thon” before shutting things down and sleeping for a “clean up” some issues with Oklahoma County’s govern- VERY long time. ment. It seemed that a small coalition of county officials Ray eventually graduated from OC with a degree in had unilaterally created an “Office of Budget and Speech and immediately returned to Channel 4 for that Management” that served the sole purpose of duplicating promised interview. He was ultimately hired as the week- the efforts of, and ostensibly keeping an eye on, other end radio news guy for 6 a.m. broadcasts. Through this county officials. The two County Commissioners spear- job, he worked with a number of local radio personalities, heading this new office refused to disband it, despite the such as Danny Williams, Don Wallace, Ronnie Kaye and protests of other county officials, who believed it to be an Fred Hendrickson. As much as he enjoyed radio work, he unauthorized use of power and a misuse of county funds. really wanted to advance through the television ranks and Ray stepped in to represent the protesting faction of coun- eventually become an evening news anchor. When State ty officials and eventually obtained legal relief for the Senator George Miller offered him a job at KTEN in Ada, County officials in the Oklahoma Supreme Court. OK, he jumped at the chance. Although KTEN was a Following this victory, Leonard Sullivan was instru- small station, their news broadcasts were picked up by a mental in convincing Ray to run for the Third District repeater and also shown to audiences in Ardmore, OK Commissioner’s seat that was coming up for election. and Denton, Sherman and Denison, TX. He spent a year Ray knew very little about what a County Commissioner at KTEN, then moved to stations in Wichita Falls, TX and actually did on a day-to-day basis, but he did know how Phoenix, AZ, where he gained additional experience and to run a campaign, so he decided to give it a shot. broader audiences. Finally, in 1973, he was offered a tel- Following what Ray describes as a “brutal” campaign, he evision position at Channel 4 in Oklahoma City as the was elected to a four-year term as County Commissioner weekend anchor, so he and his family returned to the and took office on January 2, 2007. He became Chair of metro. the Board of County Commissioners five months after Suddenly, at the ripe old age of 25, he had achieved his Oklahoma County Commissioner Ray Vaughn Jr. taking office. loftiest professional goal, so he began considering setting Since that first day on the job, Commissioner Vaughn a new one. During his stay in Arizona, he covered the aid-style clinic offered by OCU and supervised by Public has gotten up to speed on what county government does. state legislature and also covered several high-profile Defender T. Hurley Jordan. He had also taken a law prac- He is dedicated to improving the image of county govern- criminal trials, which kept him at the courthouse every tice management class at OCU. Given the fact he was ment statewide and was instrumental in organizing day for six straight weeks. Upon returning to Oklahoma fully-employed during law school, he was able to pay for County Commissioners on a statewide basis and provid- City, he covered the trials of David Hall and Leo Winters, school as he went along, so he did not have the specter of ing them with a voice at the State Capitol. His ultimate as well as the Oklahoma Legislature, all of which he thor- massive student loans hanging over his head. Ray also goal is to enhance the function of county government so oughly enjoyed. Carl Stern had recently been hired as had a network of other local attorneys from whom he rou- as to ensure the taxpayers are getting their money’s NBC’s national network correspondent in Washington, tinely sought advice. Although the incarnation of his firm worth. He wears jeans and boots to the office most days D.C. and he was the first television journalist to also have changed over time with several different law partners to accommodate spontaneous site visits to local construc- a law degree. Suddenly it all came together in Ray’s coming and going, Ray’s practice was consistently com- tion projects and he is adamant about keeping an open mind - he would attend law school so he could obtain a posed of approximately equal parts family law, estate door policy in his office. position as a national network correspondent covering practice and general civil litigation. In cooperation with the other two Commissioners, Ray politics and the courts. Ray’s father passed away when Ray was only 32 years is charged with overseeing a total county workforce of Ray was accepted as a night student at Oklahoma City old and as a result, Ray sought out other personal and about 1,600 employees. They implement legislative man- University School of Law. He found out he had been professional mentors during his early years of practice. dates, bury approximately 200 unclaimed bodies every admitted on the Friday afternoon before classes started on He tried about one jury case per year and loved the fact year and make sure the lights stay on at the County Jail. Monday. As the weekend anchor, he worked Thursday that every day was a different experience. Mary Ann They oversee all county-owned facilities, manage large through Sunday at Channel 4 and attended evening class- Karns was the Edmond City Attorney at this time and had equipment yards and care for the poor through Meals On es on Monday, Tuesday, Wednesday and Friday nights. been a law school classmate of Ray’s. They befriended Wheels, Med-Ride and other social support systems. Attending classes year-round, with the help and support each other when they were offered the option of typing They build bridges, fix potholes and oversee IT and HR of his wife and a minor accommodation from his employ- their exams and Ray began helping her carry her massive departments. They also work hand-in-hand with other er, he managed to obtain his law degree in a mere 2 years IBM Selectric to the exam room. Mary Ann was a single elected officials such as the Court Clerk, County Clerk, and 8 months. Upon graduating, he decided to go ahead mother who found it difficult to attend municipal court, County Assessor, County Treasurer and Sheriff to make and sit for the bar exam, even though he had no intention which was held in the evenings. She hired Ray in 1978 as sure public services are running as smoothly as possible. of ever actually practicing law. a part-time Assistant City Attorney, where he covered It is the functional equivalent of a blue collar desk job and About the same time Ray found out he had passed the night court sessions until 1986, when he became an Ray seems to be loving every minute of it. bar exam, Jack Ogle, the News Director at Channel 4, Associate Municipal Judge for the City of Edmond for In his “free” time, Ray continues to pursue his love of decided to retire. George Tomek was set to move from the two years. art, which includes painting in oil, watercolor and 10 p.m. to 6 p.m. broadcast and Ray was in line to assume Despite the fact he found the practice of law so fulfill- acrylics, creating stained glass windows, woodworking the 10 p.m. slot from George. However, he and his wife ing, he always thought that if the timing was right, he and metal work. His finished pieces are given away to now had three small children to care for and Ray is, would like to run for the state legislature. Gaylon Stacy, a friends and family and occasionally submitted to small admittedly, a morning person. Much to his boss’s chagrin, fellow former journalist and friend, decided not to run for competitions, where they have received some acclaim and a bit to his own surprise, he decided to forego the 10 re-election and in 1988 Ray was elected to the Oklahoma from professionals. When asked if he plans to retire in the p.m. anchor opportunity and hang out a shingle in House of Representatives as a “staunch conservative,” near future, he temples his fingers, grins, and chooses his Edmond in 1976. where he served for 16 years, until he was forced out by words judiciously. Apparently his wife is of the opinion Ray was not completely ignorant of the practice of law, term limits. He gives name recognition a lot of credit for he should hang it up soon, but it appears he has no inten- as he had served several indigent clients through a legal his initial election. He credits his wife and long-time sec- tion of doing so. 18 BRIEFCASE • May 2014

OLIO from PAGE 4 duress arises under the provisions of sec- checks over a period of time to named National Bank was not liable to plaintiff. The record discloses that Wells cashed tions 1800 and 1802, Penal Code, 21 payees wherein The First National Bank Wells states that by sustaining the demur- 27 checks between September, 1959 and Okla. St. Ann. §§ 155, 157, and that there and Trust Company of Tulsa, Oklahoma, rer of Community State Bank, that it was August, 1960, wherein the indorsement of is no evidence to rebut the inferences. plaintiff’s depository bank, was the not liable to either the plaintiff or The the signature of the payee was forged. In the case of Sentell v. State, 61 Okla. drawee bank. The indorsement of the First National Bank and no liability could The evidence discloses that the same per- Cr. 229, 230, 67 P.2d 466, 468, it is said: name of each payee was forged and the be imposed upon him. In summary, son forged all the indorsements on all the “The general rule that, as to criminal checks were cashed by J.S. Wells, a sole Wells’ theory is that before liability could checks. Seven of the checks were made in acts committed in the presence of her hus- trader, d/b/a B & W Thrif-T-Wise, be imposed upon him, liability would favor of the same payee and several of the band, a married woman is presumed to referred to as Wells. Wells indorsed the have to also be imposed upon The First remaining checks were made to the same have acted under coercion, is, of course, checks and deposited them in the National Bank and Community State payee. (Note: This case was included where recognized, applied to cases of Community State Bank. Community State Bank. because of the incessant clamor by the liquor-law violation. But in proving the Bank then indorsed them and transmitted Although Title 48 O.S. 1951 § 149 , commercial lawyers for historical ‘paper’ unlawful manufacture, or the possession them to The First National Bank for col- specifically provides that “indorsers are cases.) of liquor, or the maintenance of a liquor lection. The First National Bank paid the liable prima facie in the order in which nuisance, distinctive questions are pre- checks and charged plaintiff’s account for they indorse”, we find nothing in said sec- May 30, 1989 sented in reference to inferences arising the amount of each check. tion which limits a drawer’s right to Twenty-Five Years Ago Plaintiff commenced this action against from the wife’s presence, her failure to recover only against the drawee bank or [Excerpted from, Ingram v. Oneok, Inc, The First National Bank to recover the the last indorser. object or to take other action, or her assis- 1989 OK 82, 775 P.2d 810.] tance rendered in avoiding detection of amount of the checks. The basis for plain- * * * In this case, our certiorari cognizance the crime. In such cases, the rule general- tiff’s action was that indorsement of the Under the above authority, plaintiff for review of the Court of Appeals’ opin- ly recognized, even where the presump- name of the payee in each of the checks would have had the right to proceed ion pursuant to the provisions of Article tion of coercion does not obtain, is that had been forged. The First National Bank against Wells and recover judgment 7, § 5, Okl. Const., was not timely the husband as the head of the household filed an application to make the against him, without proceeding against invoked. The pertinent terms of Art. 7, § is presumptively responsible for condi- Community State Bank and Wells party The First National Bank or the 5, Okl. Const., provide: tions there, and that the wife cannot be defendants. They were made party defen- Community State Bank. We therefore held accountable therefor in the absence dants and The First National Bank filed a conclude that when A issues a check ...When the intermediate appellate of some evidence of guilt in addition to cross petition alleging that if the indorse- payable to a certain payee and such check courts acquire jurisdiction in any cause the fact of her mere presence in the place ments of the names of the payees were not is drawn on B bank, if an indorsement of and make final disposition of the same, of the offense. genuine and were forgeries, each check the payee’s name is forged and the check such disposition shall be final and there “It may be said that marriage does not before presentation to it had been is cashed by C, and C indorses said check shall be no further right of appeal except take from the wife her general capacity to indorsed by Wells and the Community and forwards it to B bank for collection for issuance of a writ of certiorari commit crime, but it casts upon her the State Bank, and that by such indorse- and B bank honors the check and charges ordered by a majority of the Supreme duty of obedience to her husband, and, in ments they expressly guaranteed the the same to A’s account, Title 48 O.S. Court which may affirm, modify or make the absence of proof to the contrary, the validity and genuineness of all prior 1951 § 149, does not limit A’s entitlement such other changes in said decision as it law indulges a presumption that, where a indorsements. The First National Bank to recovery against B bank only nor does deems proper... [emphasis added]. crime, with some exceptions, was com- prayed that plaintiff take nothing, but in such section preclude A from recovering The required cost deposit reached the mitted by a married woman, conjointly the alternative prayed that if plaintiff be against B bank. clerk too late - after the maximum time with or in the presence of her husband, awarded judgment against it, that it have * * * allowed for filing a petition for certiorari prima facie she was not criminally liable, judgment over and against the In the instant action, Wells does not had lapsed. See 20 O.S. 1986 § 30.4; and as it is presumed that she acted in obedi- Community State Bank and Wells. contend that either The First National 12 O.S. Ch. 15, App. 3, Rule 3.14(G). It is ence to his commands and under his coer- Community State Bank filed an answer Bank or the Community State Bank had nonetheless this Court’s firm resolve that cion.” and a similar cross petition against Wells notice that any of the indorsements of the the interdivisional conflict on an urgent * * * and prayed that plaintiff take nothing, but signatures of the payees was forged; nor issue among the panels of the Court of In the case at bar a prima facie case of in the alternative prayed that if it was held does Wells contend that if the trial court Appeals be settled by this Court’s opin- coercion was established when it was liable to plaintiff or The First National had rendered judgment against The First ion. 12 O.S. Ch. 15, App. 3, Rule shown that the defendant was a married Bank, then it be awarded judgment National Bank and the Community State 3.13(A)(3)... woman, occupying the premises with her against Wells, its prior indorser. Bank that they or one of them would not Inasmuch as the object to be attained husband as their home, and that the crim- Wells answered and alleged that if the have been entitled to a judgment against may be accomplished without affording inal act, if any, was in the presence of her indorsements were forgeries, that plaintiff him. In other words, Wells tacitly recog- relief to the tardy certiorari petitioner, we husband. There was no evidence offered could not recover because it was negli- nizes that if plaintiff were entitled to assume today certiorari cognizance con- to show that she acted upon her own ini- gent in the plan it followed in drawing recover, the Community State Bank or ferred by Art. 7, § 4, Okl. Const. See also, tiative, or that she acted freely and of her and delivering its checks, which negli- The First National Bank would be entitled 20 O.S. 1971 § 30.1. The pertinent terms own volition, and there was no evidence gence was the cause of the loss, if any, to have judgment against him. Wells rec- of Art. 7, § 4, provide: offered to rebut the presumption that she occasioned by the alleged forgeries. ognized this in his Answer as he specifi- ...The original jurisdiction of the acted under coercion of her husband. At the close of plaintiff’s evidence, the cally plead the negligence of the plaintiff Supreme Court shall extend to a general trial court sustained the demurrers of The The Code of Criminal Procedure, sec. in conducting its business and issuing the superintending control over all inferior 3090, 22 Okla. St. Ann. § 850, provides First National Bank and the Community checks and made no allegations whatso- courts... The Supreme Court, Court of that if the evidence introduced by the State Bank and overruled the demurrer of ever relating to the negligence of The Criminal Appeals, in criminal matters and state fails to incriminate the defendant, or Wells. Wells offered no evidence and First National Bank or the Community all other appellate courts shall have power as a matter of law is insufficient to show judgment was rendered in favor of plain- State Bank. to issue, hear and determine writs of that the defendant is guilty of the offense tiff against Wells. Wells perfected this Although plaintiff did not ask for judg- habeas corpus, mandamus, quo warranto, charged, it is not only the right but the appeal from the order overruling his ment against Wells, under the facts and certiorari, prohibition and such other duty of the trial court to advise the jury to motion for a new trial. circumstances in this case, we cannot say remedial writs as may be provided by return a verdict of acquittal. Wells contends that under Title 48 O.S. that the trial court’s failure to render judg- From the record before us, we are clear- 1951 § 149 , the indorsers on a negotiable ment in a different manner than it did, law... [emphasis added]. ly of the opinion that for the reasons stat- instrument are liable in the order in which affected the substantial rights of Wells. Acting in the exercise of that superin- ed the evidence wholly fails to show that they indorse, and therefore, under the By virtue of Title 12 O.S. 1961 § 78, any tendence, we promulgate our pronounce- this defendant was guilty of the offense pleadings and evidence, plaintiff neither error or defect in the pleadings or pro- ment on the dispositive issue for the gen- charged, and for this reason the trial court stated in its petition nor established by ceedings which does not affect the sub- eral guidance of the bench and bar. See should have advised the jury to return a evidence any cause of action against him. stantial rights of the adverse party must e.g., State v. Kight, 49 Okl. 202, 152 P. verdict of acquittal, because the evidence Wells’ theory is that if there was any be disregarded. We therefore conclude 362, 363-364 (1915) (“the grant of juris- is insufficient to warrant a conviction. liability on the part of him, it would have that rendition of a judgment against Wells diction of a general superintending con- been to the Community State Bank; and if alone, under the facts and circumstances trol over inferior courts is separate and in May 12, 1964 there was any liability on the part of the in the case at bar, does not constitute addition to the general appellate jurisdic- Fifty Years Ago Community State Bank it would have reversible error. tion of the Supreme Court... `This provi- [Excerpted from Wells v. Loveless been to The First National Bank and The Wells contends the evidence clearly sion practically places the Supreme Court Manufacturing Corporation, 1964 OK First National Bank would have been establishes that plaintiff was negligent in in the same relation to the inferior courts 107, 392 P.2d 381.] liable to plaintiff; and since the trial court the issuance of its checks and the trial of the state as the Court of King’s Bench Loveless Manufacturing Corporation, sustained the demurrer of The First court erred in overruling his demurrer to bore to the inferior courts of England, referred to as plaintiff, issued several National Bank, it found The First the evidence. under the common law.’”). www.okcbar.org • May 2014 • BRIEFCASE 19 Magic Music Man

By Judge Don Easter Greenwood’s God Bless the USA. On April 19, 1995, the Murrah Federal DeWayne did that song as well as Building bombing brought Oklahoma Greenwood and he hit it just right that City to a virtual halt. Over the next few day. months we slowly recovered from the If you can imagine, there was an arena shock. Almost any diversion was wel- full of 50-somethings. The guys wore comed that helped us to not dwell on the their high school letter jackets and what- Murrah event. ever particular daily attire they wore in Such an event was KOMA radio sta- high school. The girls also dressed for the tion’s first Rock ‘n Roll reunion held at occasion. There was a distinct presence of the Ladies’ Building on the State Fair English Leather in the air. The crowd Grounds about six months after the wasn’t rowdy but it was noisy in the arena bombing. I’m not sure how many people even during the music - until DeWayne the building was designed to hold but it began to sing. wasn’t big enough to hold everyone who Suddenly the entire arena was quiet. came. People were turned away once the Those who had cigarette lighters fired building filled. It was wall-to-wall peo- them up and lifted them into the air. The ple. only sound in the arena was the music and The music presented was amazing for DeWayne’s voice. When we finished someone who grew up in the Oklahoma there was a moment of silence as the City area during the 1960s. Wes Reynolds crowd slowly regained their composure. and the House Rockers; Squatty and the Applause followed. Botty’s; DeWayne and the Beldettas; Jim And by the way, on keyboard that day Edgar and the Road Runners, and The was the Honorable Bill Hetherington, Juveniles are the bands I remember but Judge of the Oklahoma Court of Civil there were several others also performing. Appeals, and on trumpet was Norman Teen hops were held every weekend all attorney, Lindsay Bailey. Jim Faulconer, over Oklahoma in the early and mid- assistant director of bands at OU played 1960s. Just about every armory in the far corners of the earth at night, the and in clubs along the West Coast one several instruments. Johnny Mercer Oklahoma was the sight of a dance at bands that were advertised became famil- summer. The band recorded Tennessee played guitar. Of course, DeWayne was least once a month. As you might imag- iar to teenagers from Oklahoma to Stud on the Hanna-Barbera label and it DeWayne Beggs, longtime Sheriff of ine, the acoustics in an armory were California. was the number one selling record in the Cleveland County. Yes, it was the same awful. The sound reverberated off the I was fortunate to have been a member Oklahoma City market shortly after DeWayne Beggs you may remember see- concrete walls. It was loud but it rocked of DeWayne and the Beldettas and release. ing on the Jude ‘n Jody Show a long, long the crowd. Squatty and the Bottys in the mid-60s. I The Reunion had each band perform time ago. He passed away May 15, 2009. Disc jockeys like Dale Wehba, Ronnie performed with DeWayne and the three numbers. I recall that DeWayne did The Cleveland County jail facility now Kaye, Danny Williams and Johnny Dark Beldettas at the KOMA reunion. We his favorite song - Ahab the Arab. We bears his name. He was beloved by the attended the dances and paid the perform- played at OU, OSU and Arkansas. We played Tequila. And finally, we per- citizens of Cleveland County, and ing band a sum certain in cash. The DJ played Texas-OU weekend at LouAnn’s formed the song that topped every other beloved for the music he made in his kept the overage. Since KOMA reached Club in Dallas. We played in LasVegas song played that day. We did Lee time. 20 BRIEFCASE • May 2014