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Volume 90 — No. 9 — 5/4/2019 Court Issue NE FEATURING O OF OUR OWN: SHANE HENRY For more information, Go to www.okbar.org/cle 494 The Oklahoma Bar Journal Vol. 90 — No. 9 — 5/4/2019 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2019 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 90 – No. 9 – 5/4/2019 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor CLAYTON BAKER, Vinita BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can AARON BUNDY, Tulsa be found at www.okbar.org. MACKENZIE SCHEER PATRICIA A. FLANAGAN BAR CENTER StaFF Advertising Manager Yukon [email protected] John Morris Williams, Executive Director; Gina L. Hendryx, General Counsel; Joe Balkenbush, AMANDA GRANT, Spiro Ethics Counsel; Jim Calloway, Director of Man- LAURA STONE VIRGINIA D. HENSON, Norman agement Assistance Program; Craig D. Combs, Communications Specialist Director of Administration; Susan Damron, [email protected] C. SCOTT JONES, Director of Educational Programs; Beverly Petry Oklahoma City Lewis, Administrator MCLE Commission; Carol A. Manning, Director of Communications; Rob- SHANNON L. PRESCOTT bin Watson, Director of Information Technology; Okmulgee Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, LESLIE TAYLOR, Ada Steve Sullins, Assistant General Counsels Les Arnold, Julie A. Bays, Gary Berger, Debbie Brink, Melody Claridge, Cheryl Corey, OFFICERS & Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, Suzi Hendrix, BOARD OF GOVERNORS Debra Jenkins, Rhonda Langley, Jamie Lane, CHARLES W. CHESNUT, President, Miami; Durrel Lattimore, Renee Montgomery, LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Whitney Mosby, Tracy Sanders, Mackenzie Scheer, Mark Schneidewent, Laura Stone, President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Margaret Travis, Krystal Willis, Laura Willis, President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, & Roberta Yarbrough Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Ponca City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Norman; DAVID Oklahoma Bar Association 405-416-7000 T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; Toll Free 800-522-8065 JIMMY D. OLIVER, Stillwater; MILES T. PRINGLE, Oklahoma City; FAX 405-416-7001 Continuing Legal Education 405-416-7029 BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Tulsa; BRANDI Ethics Counsel 405-416-7055 NOWAKOWSKI, Shawnee, Chairperson, OBA Young Lawyers Division General Counsel 405-416-7007 Lawyers Helping Lawyers 800-364-7886 The Oklahoma Bar Journal Court Issue is published twice Mgmt. Assistance Program 405-416-7008 monthly and delivered electronically by the Oklahoma Bar Mandatory CLE 405-416-7009 Association, 1901 N. Lincoln Boulevard, Oklahoma City, Board of Bar Examiners 405-416-7075 Oklahoma 73105. Oklahoma Bar Foundation 405-416-7070 Subscriptions $60 per year that includes the Oklahoma Bar Journal magazine published monthly, except June and July. Law students registered with the OBA and senior members www.okbar.org may subscribe for $30; all active members included in dues. Vol. 90 — No. 9 — 5/4/2019 The Oklahoma Bar Journal 495 NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: District Judge Fifteenth Judicial District, Office 1 • Muskogee County This vacancy is due to the untimely passing of the Honorable Mike Norman on February 25, 2019. To be appointed to the office of District Judge, Fifteenth Judicial District, Office 1, one must be a legal resident of Muskogee County, at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of four years experience as a licensed practicing attorney, or as a judge of a court of record, or both, within the State of Oklahoma. Application forms can be obtained on line at www.oscn.net, click on Programs, then Judicial Nominating Commission or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chairman of the Commission at the address below no later than 5:00 p.m., Friday, May 10, 2019. If applications are mailed, they must be postmarked by midnight, May 10, 2019. Mike Mordy, Chairman Oklahoma Judicial Nominating Commission Administrative Office of the Courts 2100 N. Lincoln Blvd., Suite 3 Oklahoma City, Oklahoma 73105 Solo & Small Firm Conference June 20-22 River Spirit Casino Resort, Tulsa Register online at www.okbar.org/solo/registration Register before June 7 for an early bird discount! 496 The Oklahoma Bar Journal Vol. 90 — No. 9 — 5/4/2019 OKLAHOMA BAR ASSOCIATION table of contents May 4, 2019 • Vol. 90 • No. 9 page 498 Index to Court Opinions 499 Opinions of Supreme Court 558 Sovereignty Symposium 563 Calendar of Events 564 Judicial Nominating Commission Elections: Nomination Period Opens 567 Opinions of Court of Civil Appeals 569 Disposition of Cases Other Than by Publication Vol. 90 — No. 9 — 5/4/2019 The Oklahoma Bar Journal 497 Index to Opinions of Supreme Court 2019 OK 18 In re: Amendments to Rule 3 and Rule 4 of the State Board of Examiners of Certified Shorthand Reporters, 20 O.S. 2011, ch. 20, app. 1 No. SCAD-2019-30 ....................... 499 2019 OK 28 JAMES TODD BEASON and DARA BEASON, Plaintiffs/Appellants/Coun- ter-Appellees, v. I.E. MILLER SERVICES, INC., Defendant/Appellee/Counter- Appellant. No. 114,301 ....................................................................................................................... 501 2019 OK 29 RE: Revocation of Certificates of Certified Shorthand Reporters SCAD- 2019-42 .............................................................................................................................................. 531 2019 OK 30 RE: Revocation of Credentials of Registered Courtroom Interpreters SCAD- 2019-43 .................................................................................................................................................. 532 2019 OK 31 RE: Reinstatement of Credentials of Registered Courtroom Interpreters SCAD-2019-44 ...................................................................................................................................... 532 2019 OK 32 In The Matter of the Reinstatement of Janet Bickel Hutson to Membership in the Oklahoma Bar Association, and to the Roll of Attorneys JANET BICKEL HUT- SON, Petitioner, v. OKLAHOMA BAR ASSOCIATION, Respondent. SCBD #6672 ................ 532 2019 OK 33 OKLAHOMA COALITION FOR REPRODUCTIVE JUSTICE, on behalf of itself and its members; and NOVA HEALTH SYSTEMS, d/b/a REPRODUCTIVE SER- VICES, on behalf of itself, its staff, and its patients, Plaintiffs/Appellees, v. TERRY L. CLINE in his official capacity as OKLAHOMA COMMISSIONER OF HEALTH, Defen- dant, and LYLE KELSEY, in his official capacity as EXECUTIVE DIRECTOR OF THE OKLAHOMA STATE BOARD OF MEDICAL LICENSURE AND SUPERVISION, Defen- dant/Appellant, and PRESTON L. DOERFLINGER, in his official capacity as OKLA- HOMA INTERIM COMMISSIONER OF HEALTH, Appellant. No. 116,603 ............................ 540 2019 OK 34 IN THE MATTER OF: A.A., an Adjudicated Deprived Child. DEMETRIUS ANDERSON, Appellant, v. STATE OF OKLAHOMA, Appellee. No. 117,110 .......................... 553 Index to Opinions of Court of Civil Appeals 2019 OK CIV APP 23 IN RE MARRIAGE OF DALTON: ASHLEY HUGHES DALTON, Petitioner/Appellant, vs. BRYAN LEE DALTON, Respondent/Appellee. Case No. 116,056 ................................................................................................................................................... 567 498 The Oklahoma Bar Journal Vol. 90 — No. 9 — 5/4/2019 Opinions of Supreme Court Manner and Form of Opinions in the Appellate Courts; See Rule 1.200, Rules — Okla. Sup. Ct. R., 12 O.S. Supp. 1996 (1997 T. 12 Special Supplement) 2019 OK 18 court reporting school official of the applicant’s level of proficiency, as outlined by the test In re: Amendments to Rule 3 and Rule 4 of application; by passing a preliminary profi- the State Board of Examiners of Certified ciency examination, which has been approved Shorthand Reporters, 20 O.S. 2011, ch. 20, by the Board; or by proving that the applicant app. 1 has previously held any state or national short- No. SCAD-2019-30. Monday, April 8, 2019 hand reporting certificate or license; ORDER 3) Submit to the Secretary of the Board, or a designee, a properly completed application Rule 3 and Rule 4 of the State Board of Exam- form provided by the Board, accompanied by iners of Certified Shorthand Reporters, 20 O.S. such evidence, statements or documents as 2011, ch. 20, app. 1, are hereby amended as required by the Board, including an examina- shown on the attached Exhibit “A.” Rules 3 tion fee receipt from the Clerk of the Supreme and 4 with the amended language noted
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