Did We Just See a Judicial Lynching?

XXXX, 2017 Vol. XX, No. X A Publication of the OKLAHOMA COUNTY BAR ASSOCIATION WWW.OKCBAR.ORG Did We OCBA Election Nominations Just See Needed A Judicial Lynching?

OP ED BY Rex Travis

(Editor’s Note: The opinions expressed here are those of the writer, and not of the Oklahoma County Bar Association, or the Briefcase Committee) We have just seen in the Oklahoman relentless crit- Election time is coming and icism of Judge Wallace Coppedge, a judge in southern nominations for all offices are due by Oklahoma. The subject of the criticism was that he was April 15, 2018. See JUDICIAL LYNCHING, PAGE 7 Nominations for President-Elect are by signed petition of 20 members. Candidates for Vice President, Law OCBA CELEBRATES LAW Library Trustee, OCBA Board of Directors and OBA House of DAY 2018 Delegates can be nominated by petition with signatures of 10 members. WITH DEAN JOSEPH HARROZ, JR . FROM Additionally, the Board of Directors THE UNIVERSITY OF OKLAHOMA COLLEGE may nominate any candidate until May OF LAW TO SPEAK AT THE LAW DAY 1, 2017. Ballots will be mailed in July and LUNCHEON the results will be announced in the By Amber Martin, OCBA Law Day Chair August Briefcase. Nomination petitions will be mailed Law Day 2018 celebrates the separation of powers within the United States Constitution. upon request The U.S. Constitution set up our government with three distinct by calling Debbie Gorden at 236-8421. branches of government. See CELEBRATES, PAGE 20 Inside

2018 SANTA THE CHICKEN From the President...... 3 Old News...... 8 FE SKI REBELLION And the Court Said...... 4 Volunteer Opportunities ...... 8 Stump Roscoe ...... 6 Bar Observer...... 18 SEMINAR Page 12 Book Notes...... 8 Quote of the Month ...... 22

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OKLA CITY OK CITY OKLA

PERMIT# 59 PERMIT#

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US POSTAGE US PRSRT STD PRSRT 2 BRIEFCASE • March 2018

Elect

Oklahoma County District Judge District 7, Office 13 The following support the election of Judge Pemberton:

Ellen Adams Cathy Christensen Greg Frogge Rachel N. Jordan Rick Mullins Nancy Seely Joe Walters Elliott P. Anderson Mark Christiansen Michael A. Furlong Skeeter Jordan Tracey D. Mullins Scott Sewell Steve Ward Cindy L. Andrews John Chubbuck Rob Garbrecht Mike Joseph Glen Mullins Jamie Sexton Rick Warren Jam Rhoades Antonisse Danette Clemmons Evan Gatewood Bob Joyce Christopher Murphy Danny K. Shadid Ashley Warshell Keenex Austin Sarah Clutts Sue Geatz David Kearney Bob Nance Donald K. Shandy Alexandra Weaver Michael Avery Glenn Coffee Charles E. III Geister Garry Keele Kathy Neal G. Calvin Sharpe Audrey Weaver Patricia A. Baddec Nick Coffey D. Sharon Gentry John Kenney Lane Neal Chris Shelton Drew D. Webb Alan Bardell John Colbert Lysbeth George Andrew King Drew Neville C. Eric Shephard Chase Webb Christian Barnard Steven P. Cole Michael J. Gibbens Barbara Klepper Blaine Nice Steve Sherman Drew Webb Ellis Barrett Jodi Cole Robert G. Gifford Barrett Knudsen Richard Nix Jennifer Sherrill Nathan Whatley Brian Beatty Chris Coleman Andrea Golden Jake Krattiger Michael Nordin Susan Shields Weston White Johnny Beech Chris Combs Bonner Gonzalez Mike LaBrie Mike Novotny Ron Shinn William Whitehill Sasha Beling Mary Quinn Cooper Maria Gonzalez Michael S. Laird Vance T. Nye Hannah Cline Shoss Jennifer R. Willey Mark Bialick Melissa Cottle Paige Good Bryan Lakin Jenny Odom Shalene R. Shuler Melanie Williams S. Wayne Billings Dean Couch Jimmy K. Goodman Emma Land Larry Ottaway Will Silvia Paula Williams Jeremy Black Todd Court Randy G. Gordon Maggie Lanier Zach Oubre Kristin Simpsen Ryan Wilson Robert Black Richard Craig Kevin D. Gordon James W. Larimore William Pace Vani Singhal Gary Wood Charlotte G. Blacklee Billy M. Croll Randy D. Gordon James K. Larimore Michael R. Pacewicz Michael Smith Betsy Wood Mike Blake Ryan Cross Danae Grace Myrna Latham Julia Palmer Josh Smith Harry A. Woods, Jr. Susan Blethrow Bruce Crum Charles Greenough Michael Lauderdale John Papahronis Michael E. Smith C. Russell Woody Rachel Blue Christina Cupp Erin Gregory Bill Leach Terra Parten Emily P. Smith Todd Woolery Tim Bomhoff Jeff Curren Mark Grossman Lyman Lenker Chance Pearson Barry Smith D. Eliot Yaffee Monty Bottom John Curtis, III Bradley A. Gungoll Andy Lester Keith Peters Josh Smith M. Blake Yaffe Elizabeth Bowersox Robert Dace Spencer Habluetzel Joe Lewallen Casady Pickay Mackenzie Smith S. Alex Yaffe Andrew M. Bowman Elizabeth Dalton Spencer Haines Russell Lissuzzo Ross Plourde Michael F. Smith Stanton Yeakley Jessica John Bowman Irena Damnjanosva Joel Hall Ron Little Charlie Plumb Michael H. Smith Harold Zukerman Alexandra Butts Brady Thomas Daniel Melvin C. Hall Laura Long Frank Polk Spencer Smith Monica Ybarra Simon Bright Laurel S. Darrow Adam C. Hall Brandon Long Tracy Poole Amy D. Snow Tommye Johnson Amber M. Brock Shannon Davies Bill Hall Katherine Loy Courtney Powell Josh Solberg Donna Anderson Matt Brockman Dustin Davis Lauren Hanna Jeff Ludlam Ashley Powell Tim Sowecke Karen Isaac JD Brown Benjamin K. Davis Derek Hardberger Greg Luster Elizabeth A. Price Mark Spencer Michelle Campney Matt Brown Jackie A. Davis Lloyd Hardin Bob Luttrell Louis Price Robert Spoo Ray Zschiesche Courtney Bru Bruce W. Day Joel W. Harmon Robert Magrini Jim Prince Matt Standard Reagan Barham Phil Bruce Cheryl Denny Jessica Hatcher Mark Malone Miles Pringle Tom Steichen Kendra Norman Gary A. Bryant Wagner Dias da Silva John B. Hayes Michael T. Malone E. Edd Pritchett, Jr. Patrick Stein Lisa McAlister Crain Buchan Jessica Dickerson Mark Hayes Cole Marshall Anna Proctor Lacey Stevenson Sally Hasenfratz Brandon Buchanan Jodi Dishman John B. Heatly Mack Martin Dru Prosser Leasa Stewart Melissa Gardner Vickie Buchanan Valerie Dixon E. Set Hendrick Amber B. Martin Tony Puckett Amy Stipe Zac Bradt Jeremiah Buettner Bryan C. Dixon, Jr. Crystal Hendrix Tim Martin Ashley E. Quinn Mark Stonecipher Robert Campbell Joel Bulleigh David Donchin Andrew E. Henry Kelli M. Masters Tony Rahhal Roger A. Stong Martin Ozinga Emily Bunting Kevin Donelson John Hermes Paige A. Masters Natalie Ramsey Martin Stringer Molly Tipton Judy Burdg Brad Donnell Stephen Hetrick D. Michael McBride, III Ryan Reaves Cullen D. Sweeney Amy D. White Brian Burget Socorro Adams Dooley Shane Riddles Hill Robert McCampbell AJ Reding Paula Tarbutton Lyndon Whitmire Mark Burget Cliff Dougherty Frank Hill Michael McClintock Carri Remilland Chad C. Taylor Jason Dun LeAnne Burnett Patrice Douglas Gerald Hilsher Laura McConnell-Corbyn Dee Replogle Curtis Thomas Nicholle Jones Edwards Joshua Burns Maggie Dowdy William H. Hoch Scott McCreary Andy Richardson Kate Thompson Eric Davis Andre Caldwell Paul W. Dudman Kari A. Hoffhines Melissa McDuffey Rick Riggs John M. Thompson Cody Cooper Jennifer Callahan Sidney G. Dunagan Alan Holloway Allison McGrew Rob Robertson Terry W. Tippins Jim Roth Allen Campbell Alex Duncan Matt Holman Terry McKeever John Robertson Jeff Todd Heather Hintz Brita Cantrell Teena Dunn Richard Thomas Hornbeck Jason McVicker Reid Robison Molly H. Tolbert Ashley Schovenec Layni Carney Gerald Durbin Henry Hoss Justin Meek Micha Robison Kim Tran Lauren Voth Laura Carpenter Joe E. Edwards Tyler Huddleston Jeremy E. Melton Patricia Rogers Paul Trimble Fred Leibrock Daniel V. Carsey Gregg Eichner Glen Huff Sam Merchant Paul Ross Douglas S. Tripp Candace Lisle Jordyn Cartmell Harvey D. Ellis Larry Huffman Brett Merritt Timila S. Rother Kaci Trojan Mel McVay Andrew Casey Bryan N. Evans Sean Hunt Gregory Metcalfe Sherry Rozzell Mike Turpin Robert O’Bannon Greg Castro Valerie Michelle Evans Anna Imose Becky Miller Sherry Rush Erin Van Laanen Michael R. Perrs Eric J. Cavett Michael A. Fagan Elizabeth Isaacs Brad Miller Lori Sander Alison Verret Marc Edwards Evan Chambers Leann Farha Jordan Jackson Isai Molina Jack Sargent Evan G. Vincent Jason R. Givens Gregory P. Chamble Riane Fern Justin Jackson Eric A. Money Christopher Scaperlanda Jeff Vogt G. Calvin Sharpe James M. Chaney Roberta Fields Will James Mack J. Morgan, III John Schaefer L. Mark Walker Kaitlyn Chaney Amy Fischer William Johnson Steve Moriarty Chase H. Schnebel Misty Wallace Charles S. Chapel Richard C. Ford Rich Johnson Judy Hamilton Morse Nedra Schwoerke Marc Walls Adam W. Childers Bill Freudenrich Jake Jones, III Michael Mullins Phil Sears Jay Walters

Authorized and Paid for by Committee to Elect Judge Trevor Pemberton 2018 | Ethics Commission #9152 | WWW.ELECTJUDGEPEMBERTON.COM www.okcbar.org • March 2018 • BRIEFCASE 3 From the President BRIEFCASE March 2018 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Growing the OCBA Oklahoma City, OK 73102 (405) 236-8421 by President David A. Cheek membership were not clear, but are not necessary for purposes of this article. The point is, their association is more expan- Briefcase Committee For those of you who did not attend the sive and outward-focused in providing community support and Judge Jim Croy, Chris Deason, Ryan Dean, Ben Grubb, Justin Hiersche, Scott Jones, Matt Kane, ski trip/CLE that Justin Meek and John assistance. This stands in contrast to an inward, or limited attor- Travis Pickens, Liz Oglesby,Miles Pringle, Austin Heatly put together, you missed a really ney-only focus of most bar associations, including the OCBA. Reams, Cari Remillard, Teresa Rendon, Rex great event. Not only was it well attended Cincinnati’s focus is to involve a broader range of community Travis, Collin Walke, Judge Geary Walke, Judge by a group of OCBA members and their participants, without losing the goal of keeping the association Allen Welch and Alisa White spouses, the attendees were diverse in age focused on law-related activities. It was conceded that the exec- Co-editors Joi Miskel & Shanda McKenney and practice areas. The CLE was insight- utive director had to continually ensure that sponsored activities ful and did not infringe on the opportunity to enjoy the special were law-related. However, their reported overall experience Contributing Editors Michael Brewer venue that Santa Fe always offers. was positive, and the non-lawyers contributed meaningful Richard Goralewicz I had the opportunity to mingle with some of the younger insight and participation into the association’s projects and over- Bill Gorden Warren Jones members of our association and experienced firsthand some of all goals. Kieran D. Maye the diversity of our organization. It was time well spent. Last month, I reported on the activities and experiences of Among our existing members, we seem to have good inter- the Fee Grievance and Ethics Committee of the OCBA. That action. The organization is well run due to quality, long-term Committee has had non-lawyer members for the 39 years I have Oklahoma County Bar Association staff (affectionately referred to as the “Triumvirate”), and is served on it. Their insights have always been welcome and OFFICERS: well funded, due in no small part to the proximity access card helpful. They serve on arbitration panels, as voting members. President David Cheek program. My frustration is that, of the lawyers in Oklahoma The arbitrations I have handled have always demonstrated the President-Elect Judge Sheila Stinson County, only about one-third of them are members of OCBA. benefit of having a layperson’s point of view, which enhances Vice President Michael Brewer If we are here to serve the County Bar members, why can we the deliberations. Past President Judge Barbara Swinton not get greater participation? One hundred ten dollars a year is I would like to explore the possibility of involving non-law- Treasurer Robert D. Nelon not a burdensome sum of money. I have challenged the Board yers in OCBA, in some capacity. I believe it has the possibility Bar Counsel Coree Stevenson of Directors to informally inquire of non-members what the of broadening our contacts within the community generally, OCBA could be doing differently to enlist involvement of more along with other professionals with whom we regularly interact. STAFF: Oklahoma County lawyers. If we are not doing something that I am not advocating for or against Board of Directors mem- Executive Director Debbie Gorden could make a difference, we need to know what that might be. bership for non-lawyers, as Cincinnati does, but rather for Legal Placement Director Pam Bennett It would be good to have broader participation from all local increased exposure to the community, which has some obvi- Membership Services Connie Resar lawyers. ous advantages. The biggest downside is that our community I encourage all members to seek out non-members and ask efforts may lose some of their focus on the legal community and Journal Record Publishing Co. Inc. the same question. Let me, or any of the members of the Board law-related goals. That would have to be closely monitored, but Special Projects Supervisor Kady Weddle of Directors, know what you find out. We really would like to should not be overly difficult to regulate. Graphic Designer Wendy Martin know. Each month, I assign to the Board of Directors a topic to be For advertising information, On a different note, at the ABA leadership conference last discussed at the next meeting. Non-lawyer membership will be call 278-2820. March, which is attended annually by Debbie Gordon and the the topic for April’s Board of Directors meeting. Please share incoming president, an interesting concept was presented by the your thoughts, concerns and constructive comments with the Postmaster: Send address changes to OCBA Cincinnati Bar Association. They are a voluntary bar organiza- current board members so that we can have a meaningful discus- Briefcase, 119 North Robinson Ave., Oklahoma tion, as is OCBA. They have a much larger membership base, sion in April. City, Oklahoma 73102. generally due to the population diversity, and they have opened April is also the month in which nominations are solicited for the association membership to non-lawyer professionals that the election of next year’s Board members and Vice President. Journal Record Publishing produces the Briefcase for the Oklahoma County Bar Association, which is are what I will term “legal related” professionals. It includes All members are encouraged to participate. Our President-Elect, solely responsible for its content. bankers, accountants, real estate brokers, insurance brokers, and The Honorable Sheila Stinson, is chairing the nominating com- © 2014 Oklahoma County Bar Association healthcare professionals, to name a few. Cincinnati provides for mittee. Please let her know if you, or any other lawyer willing a limited number of voting positions on their Board of Directors to join OCBA, would be interested in being considered for the dedicated to non-lawyer members. The exact qualifications for slate of candidates.

OKLAHOMA COUNTY BAR ASK-A-LAWYER VOLUNTEERS NEEDED FOR 2018 ASSOCIATION Date: Thursday, May 3, 2018 MISSION STATEMENT Place: OETA, 7430 North Kelley Avenue, Oklahoma City, OK 73111 • Phone: 848-8501 Volunteer lawyers and judges dedicated rd to serving the judicial system, their profes- Directions: OETA is behind Channel 9, off of Kelley, between Wilshire and NE 63 sion, and their community in order to foster (Go west off Kelley on NE 73rd, which is the parking lot of Channel 9) the highest ideals of the legal profession, to better the quality of life in Oklahoma County, and to promote justice for all. I want to volunteer to answer phones on Thursday, May 3, 2018, during the OCBA’s Ask-A-Lawyer program with OETA. I would like my shift to be: 8:45 a.m. – 11:00 a.m. ___ 11:00 a.m. – 1:00 p.m. ___ 1:00 p.m. – 3:00 p.m. ___

3:00 p.m. – 5:00 p.m. ___ 5:00 p.m. – 7:00 p.m. ___ 7:00 p.m. – 9:00 p.m. ___

Name of Ask-A-Lawyer Volunteer: ______

Address: ______

Phone: ______Fax: ______E-mail: ______

Fill out this form and return it to the OCBA by Fax 405-232-2210, e-mail [email protected] or call the bar office at 236-8421. THANKS!!! 4 BRIEFCASE • March 2018 And The Court Said An Olio of Court Thinking

And the Court Said . . . prosecuting witness until after she attained known the prosecuting witness from the McDowell at the car; that while Duggins the age of 14 years, which culminated time of her birth, and testified that when was gone McDowell tried to force her An Olio of Court in her pregnancy in the late spring or the prosecuting witness was one month to have sexual intercourse with him, but Thinking early summer of 1915, although indicating old, her mother brought the child to Mrs. that she refused; that in a few minutes by Jim Croy the guilt of defendant of other similar Brown’s house on a visit. The mother Duggins returned to the car, and, at the offenses, was competent evidence, . . . of this child was present in court, and request of McDowell, held the hands of We hold, therefore, that the verdict is not in no way contradicted the testimony of prosecutrix while McDowell had sexual March 30, 1918 contrary to the evidence or the law. Mrs. Brown as to the child’s age. Also intercourse with her across the front seat One Hundred Years Ago It is also contended that the court this prosecuting witness testified that her of the automobile. [Excerpted from Taylor v State, 1918 erred in giving a charge to the jury on mother was present in the room where the At no place in the examination of OK CR 40, 171 P. 739.] first degree rape. It necessarily follows defendant continuously had access to her prosecutrix did she give her age, but from what has been said concerning the for this unlawful purpose. The defendant her testimony showed that she had been It is first contended that the verdict first assignment of error that no error was was her stepfather, and the prosecuting working at various cafes in and around is contrary to the law and the evidence, committed by the court in submitting first witness testified that the acts perpetrated Clinton. There is no evidence in the record in that the testimony of the prosecuting degree rape to the jury. by him upon her were with her mother’s as to her size, but considering the work witness, Lucinda Mitchell, shows “that she It is also contended that the court knowledge, consent, and encouragement, that she had been doing and the age of was past the age of 14 years at the time the erred in overruling a demurrer to the and yet this depraved mother sits silently some of her associates, she evidently was information was filed and the crime alleged evidence because defendant was surprised, by in the courtroom and does not even a girl between 18 and 21 years of age. She to have been committed.” The plaintiff in it being alleged in the information that contradict the child as to that. admitted that when she was taken home error was convicted and sentenced to serve the crime was committed on the 1st day This record discloses a most deplorable after the act was committed McDowell a term of 18 years in the penitentiary of September, 1915, and the state was state of facts. It is almost impossible accompanied her to the door and kissed for rape in the first degree; it being the permitted “to prove the crime to have to conceive that in this enlightened her goodnight. She testified that when she contention of counsel for plaintiff in error been committed two years prior to that day and age we can find a mother or got in the house her mother asked what that, if he was guilty of any offense at all, date.” It is contended that this operated as stepfather so utterly depraved as to permit was wrong and she told her. That her dress it was rape in the second degree, which a surprise, because plaintiff in error was or encourage conduct of this kind. That was torn in front and that they notified the may only be punished by a maximum prepared to defend against a crime alleged defendant escaped with his life when the officers immediately what had happened. imprisonment in the penitentiary for a term to have been committed on September jury might have inflicted the death penalty That it was then about 3:30 or 4 o’clock in of 15 years. 1, 1915, which would show that he was is miraculous under the proof. He was ably the morning. The prosecuting witness, Lucinda only guilty, if at all, of rape in the second defended, and the facts and circumstances * * * Mitchell, was an ignorant Indian girl. degree, and therefore he was prejudiced in disclosed by the evidence in this case Preston McDowell testified for the She had received very little educational his substantial rights, and the demurrer to clearly indicate his guilt of the crime of defendant that he was in the C.C.C. Camp training. Her examination shows that she the evidence should have been sustained. rape in the first degree. The assignments at Clinton. That about 2 o’clock a. m. the did not know the number of days in a We think this contention is without merit, of error are purely technical. This court prosecutrix came to him at the nightclub week or month, and that she was uncertain because time is not of the essence of is convinced that his trial was a fair and and asked if he would take her to town; that as to her age, testifying that she was told the offense, as above stated, and the impartial one, and that the punishment he spoke to Duggins. and Duggins offered she was 14 years old, and also that her information plainly charged him with the received at the hands of the jury is to let him have his automobile to take her mother told her that she was 17 years crime of rape in the first degree both at the extremely lenient under the circumstances. to town; that he, and prosecutrix got in old. This was at the time she appeared as preliminary examination and in the district the back of Duggins car and commenced a witness. However, Rebecca Brown, a court. He was charged with knowledge, loving each other; that after a few minutes witness, testified positively that Lucinda therefore, that the crime committed by March 17, 1943 she saw a boy by the name of Winkleback Mitchell was 14 years of age in May, him was upon a female under the age Seventy-Five Years Ago and told him to tell the defendant, Duggins, 1915. The information alleged that the of 14 years, and that the state could [Excerpted from Duggins v State, 1943 to come on out and drive them to town; crime was committed on or before the rely upon any particular act of sexual OK CR 35, 135 P.2d 347.] that they stopped at a filling station in 1st day of September, 1915. Therefore, if intercourse of his with the prosecuting Clinton and got a half-gallon of oil; that the state was compelled to rely upon the witness committed within three years prior The prosecutrix, Christine Allison, they drove out east of town and stopped date stated in the information, and limited to the date of the commencement of the testified that she had known the about a mile off the highway; that Duggins its proof thereto, the prosecuting witness action, and at a time when said prosecuting codefendant, Preston McDowell, for about left the car and while he was gone he had would have been past 14 years of age at witness was under the age of 14 years. He a year and a half before the rape is alleged sexual intercourse with the prosecutrix the time of the commission of the alleged could not claim surprise, therefore, under to have occurred on March 9, 1941; that with her consent; after they had finished crime, and defendant could only have been such circumstances. The information was during this period of time she had been he honked the horn and Duggins came convicted of rape in the second degree. clearly sufficient to fairly warn him of the keeping company with McDowell; that on back and drove them home; that he got But time is not of the essence of this nature and circumstances of the crime with March 9, 1941, she went to the Rainbow out of the car, walked to the door with offense, and it may be proved to have been which he was charged. Night Club, about two-miles southwest prosecutrix, and kissed her goodnight; that committed at any time within the period It is also contended that the proof of Clinton, with some other friends; that the prosecutrix did not fight him any at all of three years prior to the commencement of the fact that the prosecuting witness she saw McDowell at the night club and but seemed to enjoy it as much as he did; of the prosecution, and in this instance the was under the age of 14 years at the sat in a booth and visited with him; that that the prosecutrix’s dress was torn when trial court required the state to elect to rely time of the commission of this offense about 1:30 a. m., she wanted to go home, she jumped out of the car as it slowed upon a particular act of intercourse, and is very unsatisfactory and contradictory. but the friends who had brought her were down on Main street in Clinton just before the state elected to rely upon the first act of The sufficiency of the proof of the crime not ready to go and she asked McDowell they got to the filling station where they sexual intercourse between defendant and charged is for the jury. This court will not to take her home; that McDowell did not filled up with oil; that he did not know why the prosecuting witness, which occurred in disturb a verdict on this ground merely have an automobile but the defendant, the prosecutrix jumped out but that she the latter part of the year 1913, or the first because there may be a conflict in the Duggins, who was McDowell’s friend, skinned her knee and tore her dress a little, of the year 1914, nearly two years prior testimony. In this case, however, we see also was present at the night club with his but apologized and got back in the car to the date alleged in the information, but very little conflict. The testimony of the car and offered to let McDowell use his car with him. (The prosecutrix testified that within the statute of limitations, and the prosecuting witness is to the effect that she to drive her home; that she and McDowell she jumped out of the car because she was trial court, in his instructions to the jury, was always told she was 14 years old, but went outside and got into the back seat within a block of her home and wanted to limited its consideration of the question of that her mother had told her she was 17. of the Ford Tudor sedan; that they sent go home; she admitted that she skinned guilt of this defendant to the particular act Mrs. Rebecca Brown positively testified a boy named Winkleback after Duggins her hands and knees in the jump and then relied upon by the state for a conviction. that the girl was only a few months past while they sat in the car; that Duggins got back in the car and drove to the filling Accordingly, the proof on the part of the 14 years old at the time she testified. She came out and instead of taking her home station with the boys after oil.) state, if believed, showed the commission fixed the child’s age by reason of the fact he drove through Clinton and towards of rape in the first degree, and the fact that she had two daughters, one two years Weatherford on Highway 66 and parked on The testimony of defendant, Duggins, that there was proof of a continuous older than the prosecuting witness and a country lane; that the defendant left the was in substance the same as McDowell’s. unlawful relation between defendant and one one year younger. Mrs. Brown had car, walked off, leaving prosecutrix and He was 21 years of age. www.okcbar.org • March 2018 • BRIEFCASE 5

All of the boys and girls who This proof may be made by circumstantial contempt citation. the Oklahoma Statute, Tit. 12 O.S. 1961 § accompanied the prosecutrix to the evidence. There are no facts in this case Upon a hearing of the matter, said 1276 , by whose authority they are fixed by Rainbow Night Club testified on behalf such as to compel the assumption that there court’s judgment was in his favor, after a court order. Said statute reads as follows: of defendant to refute the statements of was no valid marriage between McDowell finding that a contempt citation should be “ORDERS CONCERNING the prosecutrix that she was wanting to go and the prosecutrix. There was ample denied against him, because the fee was a PROPERTY, CHILDREN, home but that they were not ready. They opportunity for the prosecution to prove proper item for discharge, and had been SUPPORT AND EXPENSES. - each denied that this occurred. this element of the crime directly. But not discharged, in the bankruptcy proceeding. After a petition has been filed in It is insisted that the court erred in only did they not offer direct proof that For reversal, it is urged that said an action for divorce and alimony, not sustaining the motion of the defendant prosecutrix was not wife of McDowell, but judgment was error, because, under or for alimony alone, the court, for an instructed verdict of not guilty for there were not sufficient circumstances to Oklahoma Statutes, there is no material or a judge thereof in vacation, the reason that there was no proof that the justify the submission of this question to difference, in respect to the present may make and enforce by prosecutrix was not the wife of Preston the jury. question, between such an attorney’s fee, attachment such order to restrain McDowell, the alleged perpetrator of the We feel particularly inclined to and the divorced wife’s alimony, as to the disposition of the property of crime. this view as applied to the immediate which latter the Federal Bankrupt Statute, the parties or of either of them, Section 2515, O. S. 1931, 21 O. S. case owing to the unsatisfactory facts as 32 Stat. 798, as amended by subsequent and for the use, management and 1941, § 1111, provides: “Rape is an act reflected by the record and admissions of Acts, including the Act of Congress of July control thereof, or for the control of sexual intercourse accomplished with a counsel. When this case was called for 12, 1960, 74 Stat. 409 (11 U.S.C.A. § 35) of the children and support of female, not the wife of the perpetrator, under trial, counsel for the defendants, Duggins provided: the wife or husband during the either of the following circumstances:” and McDowell, asked for severance. The “(a) A discharge in bankruptcy pendency of the action, as may Here follows eight separate grounds for state elected to try Duggins first. Since he shall release a bankrupt from all be right and proper; and may rape but all of the listed circumstances was not the man who actually committed of his provable debts, * * * except also make such order relative to come under the enacting clause where the the act of sexual intercourse but was only a such as (1) are due as a tax the expenses of the suit as will phrase “not the wife of the perpetrator” minor character under the strongest view of * * * * * * insure an efficient preparation appears.) the evidence, we are at a loss to understand “(2) are (sic) liabilities * * * for of the case; and on granting a Under this statute it would not be why this preference was made by the state. alimony due or to become due, divorce in favor of the wife or possible for the person who actually Although the record is silent as to what or for maintenance or support of refusing one on the application commits the act of sexual intercourse with disposition was made of the case against wife or child, * * *.” of the husband, the court may the prosecutrix to be guilty if he were the McDowell, upon inquiry by this court the require the husband or wife to husband. Assistant Attorney General has informed It is conceded that the question of pay such reasonable expenses of * * * us that after the defendant Duggins was whether an obligation for such an attorney the other in the prosecution or In the brief of the state the Attorney convicted the county attorney reduced the fee is dischargeable in bankruptcy is one defense of the action as may be General concedes that the information charge against McDowell from rape in the of first impression in this jurisdiction. just and proper, considering the must contain the negative averment that first degree to rape in the second degree and In support of her position, plaintiff in respective parties and the means the prosecutrix “was not the wife of the McDowell entered a plea of guilty and was error, hereinafter referred to as “plaintiff”, and property of each.” perpetrator,” and that the proof of the state given a term of three years’ imprisonment. cites cases from other jurisdictions, in While there may be a distinction between must sustain this material ingredient of The defendant Duggins, being sentenced which, she says, such obligations are no the offense. He asserts that the case would to 15 years’ imprisonment, was unable different in character than they are under See OLIO, PAGE 21 have to be reversed because of the failure to make bond and has been incarcerated of the state to make proof of this fact had in the State Reformatory at Granite for it not been that defendant took the witness the past two years. If he had received no stand and swore that he was not married more punishment than that meted out to and never had been and this cured the the arch-criminal McDowell, under an Keep error. allowance for good behavior, he would In the first place, as we construe the have had his time served and be at liberty. testimony of defendant, he did not testify that he was not married and never had been. The testimony on this point is as March 12, 1968 follows: Fifty Years Ago “Q. (By County Attorney) Do you go [Excerpted from Turman v. Turman, out in the country that way quite frequent? 1968 OK 33, 438 P.2d 488.] A. I have been out in the country, yes. Oklahoma County, District 7, Office 3 Q. You live in the country? The question presented in this case is A. Yes, sir. whether or not a discharge in bankruptcy Q. Not married and never have been? releases the bankrupt from the obligation A. Yes.” of paying the attorney’s fee he was ordered We support Judge Haralson for Election It would appear from the affirmative to pay to an attorney for representing answer to this double-barreled question that his former wife in a divorce action she Christopher A. Wood Jordan Volino Socorro Adams Dooley the defendant was testifying that he was instituted, and in which she obtained a Edward Goldman Jerry Kite Leann Farha married. Regardless of the interpretation decree of divorce from him, as well as Stacey A. Wiebelt Daniel J. Gamino Terry W. Tippens which may be given to this testimony, it custody of the couple’s minor children, and Alan R. Woodland R. Kevin Butler David Pomeroy is evident that counsel for the state are support for them, and was awarded part of Jerry Kelley Sadie J. Fisher Teresa L. Green confused concerning the application of the couple’s property, “as and for property Roger Reneau Thomas Riesen Ryan Duffy the statute. It is wholly immaterial as to settlement, in lieu of alimony * * *”. The Richard Rice Charles O. Schem Joe Rockett whether the defendant was married, but, divorce decree was rendered in June, 1965, Anita Sanders Greg McCracken David Pardue his guilt rests solely upon the question as directing defendant in error, hereinafter Hayley Potts Larry G. Castle Dylan Erwin to whether Preston McDowell, the person referred to as “defendant”, to pay the one- Steven Holder Steve Moriarty Roland Tague who, actually committed the act with hundred and fifty dollar attorney’s fee on Allison Hart Kim Tran Tim Larason prosecutrix, was her husband. There is no July 1st of that year. After more than two Beau Williams C. Eric Shephard Anne E. Zachritz contention that defendant committed the months had elapsed without the fee being Francis Coulson A. Wayne Billings Casey Gray act of sexual intercourse with prosecutrix, paid, defendant was cited in September, Kelli Kelso John B. Heatly Jesse Chapel but his guilt is determined solely by the 1965, to appear before the divorce and trial M. E. Ferrall, Jr. William H. Whitehill Ron Tracy question as to whether or not he aided and court, and show cause why he should not George H. Brown Michael Fagan Win Holbrook assisted Preston McDowell in making the be punished for contempt. In his answer Richard E. Stout Christina Cupp Mark B. Toffoli alleged felonious assault. If McDowell was to the citation, defendant alleged that he Michael A. Treviho Blaine Nice Valerie Michelle Evans the husband, there would be no rape, even had taken bankruptcy in a certain cited Ethan Allen Warren Bickford Laura McConnell-Corbyn though defendant held prosecutrix’s hands proceeding in the United States District Richard Winblad Paul W. Dudman Laura Watts as alleged. It is conceded that the record Court, and that said attorney’s fee was Kevin Donelson Greg Castro Chris Deason is wholly silent as to any direct proof that listed in the bankrupt claim filed therein. Authorized and Paid for by Committee to Elect Judge Howard Haralson 2018 | Ethics Commission #9195 | WWW.KEEPJUDGEHARALSON.COM prosecutrix was not the wife of McDowell. He prayed the trial court to dismiss the 6 BRIEFCASE • March 2018 Stump Roscoe

STUMP ROSCOE “The stuff this Kearney gal had done to her,” BY Ernie said. Roscoe X. Pound “Right,” Chips replied. “And this is legal?” Dear Roscoe: My client has a transgendered female “Probably more accurate to say it’s not illegal in employee. My client did not fire her but “took her out many places. And in many of the places – and I’m of the public eye”, so to speak, when she began her talking about here in the States – where it’s illegal, it’s change-over. EEOC issued a right to sue letter. Do you only a misdemeanor.” Events feel this is discrimination? D.M., Edmond, OK. “How’s that work?” Ernie asked. Dear D.M.: I don’t know whether my feelings on “Well, in many ways the law hasn’t quite caught the matter have anything to do with it or not. Times up with technology. This information or items posted are a-changing and the law has got to keep up as best may be true or false, genuine or doctored, defamatory Seminars it can. On the face of your question, I think Title VII or embarrassing, but as long as the web site does not prohibits employers from “discriminat[ing] against any author or validate the information, they stay within individual with respect to his compensation, terms, con- the legal bounds of the Communication Decency Act ditions, or privileges of employment, because of such section 230(c)(1). That provides: No provider or user individual’s race, color, religion, sex, or national ori- of an interactive computer service shall be treated as MAY 1, 2018 gin.” 42 U.S.C. § 2000e-2(a)(1). Discrimination based the publisher or speaker of any information provided on a failure to conform to stereotypical gender norms” by another information content provider. Essentially, was no less prohibited under Title VII than discrimina- the law allows all sites to allow user generated content, Law Day Luncheon tion based on “the biological differences between men and protects them from liability for third party actions. and women.” Smith v. City of Salem, 378 F.3d 566, Facebook, and other social media and blogs benefit from 573 (6th Cir. 2004). There the Court found no “reason this legal provision and users are allowed to write and Skirvin Hotel Grand to exclude Title VII coverage for non sex-stereotypical post comments and media online as they see fit.” behavior simply because the person is a transsexual.” “Kinda like that Cat Stevens lyric about how a lot of Id. at 575. Thus, per Smith, a transgender plaintiff Ballroom nice things turn bad out there,” I mused. (born male) who suffered adverse employment con- sequences after “he began to express a more feminine “Hey, I hear he’s making a come-back,” Buddy appearance and manner on a regular basis” could file remarked. 12 Noon an employment discrimination suit under Title VII, id. “Am I gonna have to separate you two,” Ernie at 572, because such “discrimination would not [have] growled. “Class is still in session.” occur[red] but for the victim’s sex,” id. at 574. “Well, in addition to some online research, I’ve been working with Ms. Kearney to try to determine the source Dear Roscoe: Can litigation commenced by an heir of the postings. I believe I now have the point of origin against the grantor prior to the latter’s death trigger an for the cyber-attacks anyway.” in terrorem clause in a trust or will? T.H. Edmond, OK. “So we’re, what? Sitting here waiting for a drum MAY 3, 2018 Dear T.H.: Perhaps surprisingly, it may. Last week, roll?” in EGW v. First Federal Bank of Wyoming, that State’s Chips rummaged through his backpack. With some Supreme Court declared that a broad in terrorem clause, difficulty, he pulled out three sets of papers, each held Ask A Lawyer Program unlimited by modifying language in the instrument together with one of those jumbo-sized black clips. He itself. The appellate court put little stock in the argu- handed one to each of us. Buddy looked confused. 8:45 a.m. – 9 p.m. ment that the challengers were not officially disinherited Ernie placed his on my desk and seemed vaguely uncer- by subsequent amendment at the close of the challenge. tain about touching it. The Court also distinguished cases from other jurisdic- “I thought I’d start out by explaining the algorithms OETA Studios tions on the issue. Holding that “We must interpret the –“ intent of the settlor according to provisions contained in “Readers’ Digest version, kid,” I cautioned. the trust, “the court took the “any challenge” clause at “Maybe even fortune cookie version,” added Buddy. face value and gave it controlling effect. He looked at the packet from a variety of angles as if he expected it to contain an IED of some sort. “Well,” said Chips, obviously disappointed at not It heartened me that Ernie and the Lieutenant getting to tell us in detail how exactly he pulled the plum responded to my call so quickly. Buddy Orenstein JUNE 15, 2018 from the pie, “let’s just say that with a little help from a arrived in an Army surplus parka and about eighteen couple friends, I’ve traced most of the emails and hacks sweaters underneath. Ernie came in a little behind him. to a site called Wraakhonds – literally “the hounds of Annual Awards Luncheon He wore his long camel hair coat open, displaying a vengeance” in Dutch. You’ll find information about it silk T-shirt and designer jeans underneath. Throw in under Tab 17 of your handouts.” his boots and the whole ensemble probably cost him the “Dutch?” asked Ernie. “These guys over in Europe. 12 Noon, Jim Thorpe Room GNP of Belgium. As usual, the tension between the two Big help.” grew quickly palpable. “How exactly is he on our side?” Buddy asked me “Actually,” said Chips, “the actual name of the site as he began divesting. is Dutch, as is the Home Page and information posted “How many sweaters you got there Buddy?” asked on-line. At first glance it would look like a European Ernie. “Christ, you look one of those Russian doll thin- site, but various downloads would allow you to translate gies.” over to a dozen other languages, including English.” JULY 16, 2018 “Settle down,” I said. “Class is about to come into “So do we know where to find these particular session. Professor?” trolls?” asked Buddy. “Trolls” actually came very close Chips took that as his cue to begin. “Well, gentle- to a techno-term. I’m impressed he knew it. OCBA Annual Golf men, as I was telling Mr. Pound, that the Internet has a “Mars,” Chips answered guilelessly. thriving market in revenge sites. These are sites on the Ernie’s voice came softly and dangerously: “No internet from which users may initiate cyber- attacks on one’s laughing kid.” Tournament the reputations of others. This usually occurs through “Hmmm? Oh. I didn’t think you’d think I meant—I the posting of private information, actual or altered mean no, not Mars the planet. Mars, PA.” photos of a person, and so on. They might also take “I suppose we’re talking misdemeanor down there Gaillardia Golf Club darker turns. Hacking, cyber-stalking, demonstrative too huh?” videos of what a potential attacker might do the victim, Having spent the past few minutes perusing not only in some instances even posting pictures of the killing Tab 17 but also 18-20 I was able to state: “I think we can the family pets.” do much better than that.” www.okcbar.org • March 2018 • BRIEFCASE 7

JUDICIAL LYNCHING from PAGE 1 the assigned judge who approved a guilty the defendant was a foster parent. In plea and a 15-year probationary sentence that case, there was concern that if there for a man charged with sexually assault- was no conviction and no probation, the ing a 13 year-old girl at a church camp. alleged rapist would be free to continue An Oklahoma County church had hired being a foster parent. We can all agree the man, who was “legally blind” as a that’s a really bad idea. cook. The negotiated plea took place at a The public does not understand that hearing on the record, at which the victim judges do not “make” plea agreements. and her family were represented by and Plea agreements are made through nego- through a lawyer they hired to represent tiations between the prosecutor and the

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them in a civil case based upon the same defense attorney, and usually involve occurrence. input from the victim and/or the victim’s The thrust of this and following articles family. The agreement is then presented apparently was that the Judge should to the judge with a “take it or leave it” Tyler Brooks Brian Burget Laurence Huffman Tony Puckett Casady Pickar Jennifer Callahan Sean Hunt Anthony Rahhal have rejected the plea deal negotiated by option – either the Court accepts the deal Jordyn Cartmell Brita Cantrell Anna Imose Natalie Ramsey the District Attorney, and either required and imposes the agreed-upon sentence, Monty Bottom Kaitlyn Chaney Elizabeth Isaacs Dee Replogle Glenn Floyd Mark Christiansen Justin Jackson James Andrew the case to be tried or dismissed. These or it rejects the deal, in which case the Stuart B. England John Chubbuck Jessica John Bowman Richard Riggs David Floyd Hannah Cline Richard Joseph Reid Robison articles set off a firestorm of controversy cause is must typically be either tried or Jeff Raley Nicholas Coffey Michael Joseph Patricia Rogers with hundreds of people from around dismissed. Andrea Ruedy Jodi Cole Robert Joyce Paul Ross Daniel V. Carsey David Ogle Evan Gatewood Steven Cole Garry Keele Sherry Rozell the country urging that the Judge either These are tough decisions for every- Denis P. Rischard Russell Mulinix Chris Skelton Walter Coleman John Kenney John Sargent be removed from office or resign. The one involved, including the prosecutors Justin Byroe Joshua K. Hefner Alan Bardell Mary Quinn Andrew King Christopher Susan Wagner Matt Smith Woody Glass Melissa Cottle Barbara Klepper John Schaefer original article was followed by another and the judge, as well as the victims and Elizabeth Rischard Brenda Wyksup Jim Pullen Todd Court Barrett Knudsen Philip Sears Kate Janke Pam Curlee Christopher E. Combs Richard Craig Michael LaBrie Scott Sewell one, similarly hostile to the judge’s deci- their families. Intemperate criticism by Daniel N. LaGrange Kevin Krahl John R. Hayes Ryan Cross Emma Land Susan Shields Michael Felty Henry A. “Hank” Meyer H. Craig Pitts Bruce Crum Myrna Latham Ronald Shinn sion, headlined “Oklahoma Judge Let newspaper reporters who appear not to Stacey Chubbuck Courtney Parker Jonathan D. Reiff Robert Dace Michael Lauderdale William Silivia Other Child Rapists Avoid Prison, Court understand the problem don’t make the Chantel James Melissa Garner A. Kyle Swisher Elizabeth Dalton William Leach Kristen Simpsen Robert Ray Jones Joshua K. Heerzer Collin Walke Cheryl Denney Joel Lewallen Vani Singhal Records Show.” decisions any easier. B. Gore Gaines Cristina Adair Mike Rubenstein Wagner Dias da Silva Russell Lissuzzo Barry Smith Jeffrey L. Latmell Amy Santee Tommy Adler Jessica Dickerson Ronald Little Joshua Smith To the credit of The Oklahoman, if I don’t know Judge Coppedge. I have Matt Felty John Krane Taylor Wallner Jodi Dishman Brandon Long Mackenzie Smith one carefully reads the later article, it never appeared before him. Jason Hasty Patrick L. Lane Daniel Markoff Valerie Dixon Laura Long Spencer Smith Matthew McDevitt David Morse Dan Good Bradley Donnell Robert Luttrell, III Joshua Solberg contains an explanation which belies the I can virtually guarantee you that, Steven Mullins Bow Bottomly Jeffrey R. Atkins Clifford Dougherty Mark Malone Robert Spoo Rick Healy Lise Edwards Tracy Schumacher Michael Duncan Hazen C. C. Marshall Patrick Stein inflammatory headline. The text of the after all this bad press, he will certainly Stan Koup E. Parker Lowe Beth Stanley Teena Dunn Michael McClintock Lacey Stevenson article concedes that often child sexual face an opponent for reelection, and may Shawn Arnold Blake Deen Leah Rudnicki Gregg Eichner Scott McCreary N. Martin Stringer James Belote Tyler D. Crowe Michael Avery J. Barrett Ellis Allison McGrew Curtis Thomas assault cases are difficult to prosecute lose. Fortunately for him, he is, according Jack Stipe Greg Dixon Lauren Barghols Riane Fern Jason McVicker Jeff Todd Shea Patrick Kastl Roberto L. Seda Christian Barnhard Roberta Fields Samuel Merchant Erin Van Laanen because the victim and his or her family to the newspaper, in his second four-year Stan Ward Mike Vorhees Brian Beatty Bill Freudenrich Brett Merritt Alison Verret Jeffrey Vogt are, understandably, reluctant to see the term, so if he finishes this term, he will Valerie Michelle Evans Sharon Vorhees Sasha Beling Stephen Frogge Isai Molina Laura McConnell-Corbyn Brittany J. Byers Jeremy Black Robert Garbrecht Mark Richard Joseph Walters victim have to appear in court in a public have eight years of service and will quali- Robert Castleberry Marty L. Card Thurman Blake Bonner Gonzalez Kathy Neal Steven Ward Jon Echols Rick Powell Rachel Blue Maria Gonzalez Richard Nix Chase Webb trial and tell about the sexual assault. fy for a small pension (32% of his salary) David Echols David Postic Timothy Bomhoff Paige Good John Michael Drew Webb Gretchen Nicholson Runkle Martin Postic Jr. Elizabeth Bowersox Danae Grace Jenny Odom Nathan Whatley Often, the only way to avoid that result which he can then draw upon after reach- Riley W. Mulinix Erica Mackey Michael Brecht-Smith Charles Greenough Zachary Oubre Elizabeth Wood is with a plea bargain. This appears to ing retirement age. Tim Kuykendall Todd Wynne Simon Bright Spencer Haines Julia Palmer Justin Todd Sam Talley Jordan Southerland John David Brown William Hall John Michael Nordin Stanton Yeakley have been the motivation in the principal At least we, as lawyers, need to be Chris Kannady Noble McIntyre Matthew Brown John Derek Terra Parten Harold Zuckerman Richard Morissette Jeremy Thurman Courtney Bru Lloyd Hardin Keith Petters Blake Beeler case which ignited the controversy. The sure we understand and communicate Amy Howe Monica Schweidhart Philip Bruce Mark Hayes Ross Ploude J. Wesley Cusher transcript of the hearing demonstrates that to the non-lawyers we know that judges David T. McKenzie Ted Haxel James Craig John Hermes Charles Plumb Marcy Fassio Christi Chesley Matt Eckstein Brandon Buchanan Stephen Hetrick Frank Polk Paul Faulk the victim’s lawyer indicated that this was don’t “make” plea deals. But they DO Holly Iker William Devereaux Vickie Buchanan Frank Hill Tracy Poole Marcus Mears Donna Compton Matt Eckstein Jeremiah Buettner Gerald Hilsher Louis Price Bill Wells the case in this instance, as well. have to sometimes make incredibly Betsy Brown Robert Hoisington Joel Bulleigh Alan Holloway James Prince Bob Burke In at least one of the half dozen cases difficult decisions, and then we have Kyle Babbit Susan Short Emily Butning Matthew Holman Anna Proctor Garvin Isaacs Greg Mitchell Lauren Lindsey Judith Burdg Henry Hoss Dru Prosser in which the newspaper says the judge to live with them. That is what we pay Authorized and Paid for by Committee to Elect Judge Thad Balkman 2018 | Ethics Commission #9127 | www.electjudgebalkman.com “let other child rapists avoid prison,” them to do. 8 BRIEFCASE • March 2018 Old News VOLUNTEER

Excerpts from OCBA News: December 1978, Part 1 OPPORTUNITIES The OCBA has many opportunities to volunteer with their THREE TO BEGIN DISTRICT Community Service Committee, Law Related Education JUDGE DUTIES Committee, Lawyers For Learning Committee and Voices for Children Committee. However, this new monthly column will By Judge Ed Dycus Retyped and Republished By Geary L. Walke* list other opportunities for our members to help the communi- ty. If you know of something that should be listed here, please When your reporter was assigned to write a story about the judicial contact the Bar Office at 236-8421 and we will add it to this elections, it appeared there might be some new faces on the District Court bench. Not only were two incumbents being challenged but the new monthly Briefcase column. newly created 14th and 15th District Judgeships were being filled and a new Associate Judge guaranteed. When the smoke cleared, however, Judges Jack Parr and Floyd Martin had retained their seats by comfortable margins and the other OKCPS needs Testing Monitors! three winners didn’t exactly require extensive introductions to County In order to keep teachers in the classroom instead of monitoring testing, we lawyers. need volunteers this testing season. Test monitors are required for state-mandated In fact, they already have almost 15 years of District Court expe- testing to keep the process honest.The April and May rite of passage for every rience between them, and all with a high degree of acceptance by the public school student grades 3 and up are Oklahoma Core Curriculum Tests at Bar. elementary and middle schools and End of Instruction exams at high schools. John Amick, most of you will recall, resigned in 1973 after five Testing monitors are important to OKCPS! We have several school and date years on the bench to seek his fortune, or at least enough of a fortune options available from April 1st to May 15th! to get his children through college. The fortune did not materialize during three years on the Anyone who is interested must pass a background check and can register Oklahoma City University Law Faculty, or two years as the Oklahoma online. Bar Association General Counsel and one year as President of the Follow the link below to volunteer: Oklahoma County Bar, but in the meantime, at least, a son has finished https://docs.google.com/a/okcps.org/forms/d/e/1FAIpQLSdQKEyj1hMj- Yale and a daughter Missouri. 6toT-MaF6hgGjMCt2eCnKoRh7kC6lyQM-b9ShQ/viewform Judge Amick is looking forward to returning to the bench as a full District Judge in January, but has “quite a few loose ends to tie up” Please contact Amanda Piña at [email protected] or 547-0234 from his present practice. The grapevine has it he will be assigned to for more information. the Family Division. Judge Joe Cannon, also due to become a District Judge early in 1979, has been a Special Judge, District Judge, or Presiding Judge ever Book Notes since August 1, 1973, except for a brief flight of fancy which took By Bill Gorden these questionable domains. Each has him to Florida and a Federal Administrative Judgeship. He was first their own chapter, so read the table of elected District Judge in 1974. Secrecy World: Inside the Panama contents, and proceed. When he returned from the Sunshine State at a pay cut of some Papers Investigation of Illicit Money The people who are responsible for $13,000 per annum, Andy Hamilton warned this act proved him “con- Networks and the Global Elite Jake the story being told know their story may clusively incompetent to be a judge.” The voters disagreed, however, Bernstein, Holt, 2017, Hardback $30.00, be seen as boring, as the perpetrators of the apparently feeling that no sacrifice is too great to get back to God’s Kindle $14.95 352 pages sleaze intend that to be the case. One needs country. There are a variety of islands around to hide money, from those de-frauded, Judge Cannon, naturally, is looking forward to getting his own the world where we would like to go from those whose laws have been flouted, docket of civil and criminal cases again. “Some of my friends won’t vacationing. The Virgin Islands, Cyprus, from those wanting a moral globe. The let me forget,” he say, “that I am still just a Special Judge until January The Isle of Man, the Cayman Islands, perpetrators know if there are enough lay- 8. I’m glad to be on the District Bench again because this is where I islands in the Pacific. Luxembourg and ers of anonymity, if the story is too large want to make my career.” Switzerland are often vacation spots. and boring, law enforcement budgets will Judge Cannon has been hearing mostly CSC cases and helping out All of the above are also spots give out, Media interest will flag, and the on the felony dockets. where those with millions or billions of money will be there when needed. Judge Charlie Wier has already ascended to the new post of dollars send their billions for vacation. Fortunately, there are the people Associate District Judge since that seat was vacant at the time of his Some of the money is parked in these who have brought these stories to light, election. He has already plunged into his assigned Domestic Relations venues to avoid taxation. Some of it is over the course of years, to no great dockets and after his first week opined, “It’s going to be all right.” being laundered, having bought or sold profit nor glory, (yet). The story they Judge Wier noted that “these cases have more personal aspect than drugs or guns, or humans in trafficking tell is complex, but frightening. If you the general run of Special Judges’ duties. enterprises. Quite a bit of the enterprises oppose illicit arms trading, drug runners, Since being appointed a Special Judge in May, 1974 Judge Wier are “legal”. Legal with quotes, because human trafficking, or just plain fraud, recalls small claims cases, jury trials, both felony and misdemeanor, the legality is claimed under the laws of you should at least attempt this book. and civil cases of less than $5,000 have been his regular fare. these convenient parking places, super- Let’s make one aspect a little clear- Before taking the bench he served a year as legal assistant to vised by the super-rich, the owners and er, to help out. There are many condos Oklahoma Supreme Court Justice Robert E. Lavender. final beneficiaries anonymous, their law- around the world, very expensive ones, Elevation of Judge Cannon and Wier mean two more openings in yers likewise “legal’ under the auspices that are bought, high rise, beachfront, the ranks of the Special Judgeships. of the island domains. This is not a spy or whatever. Built and sold, they are novel, this is reality. Spy novels refer to never lived in. After a given time they this reality periodically, but this is real. are re-sold at a much higher price, par- *I had the pleasure of many adversarial battles before each of these It is also boring to read about, unless ticularly aided by so many owners in the judges, and sometimes there were lawyers on the other side. Judge one has multiple law/business degrees, neighborhood. It was never about the Amick has been appropriately nominated in 2018 for the Oklahoma or a passion for an honest global society. housing. It was about laundering drug Hall of Fame. Judge Cannon was the subject of many newspaper and There are those reading this who have money, or money leaving the old Soviet media stories and loved the attention. Lawyers either loved him or an animus to certain nationally elected Union, via the Russia mafia. Off shore hated him. Judge Wier was a retired Colonel in the USAF, and went on officials accused of having profited in “legal” corporations, and anonymous to become Mayor of Midwest City. All fine men, dedicated to the law. these questionable domains. There are bank accounts in three-by-five islands do those who wish to pry into the dealings the rest. of former Soviet Russian officials in You should read this. www.okcbar.org • March 2018 • BRIEFCASE 9

R-E D ANDREWS D J

Thank You To All Of The Supporters For Judge Don Andrews’ Re-Election. Zachary Allen Catherine Campbell Jason Dunn Valerie Hatawi Eric King Leah Mills Andrew Richardson Geren Steiner Jami Rhoades Antonisse Robert Campbell Kaitlyn Dunn Jessica Hatcher Andrew King Jennifer Miller Shane Riddles-Hill Lacey Stevenson Michael Avery Andy Campbell Teena Dunn Allen Hatgson Hayden King Isai Molina Karen Rieger Leasa Stewart Aaron Avuall Allen Campbell Gerald Durbin Terry Hawkins Jim Kirk Bill Molinsky Rick Riggs Amy Stipe J.R. Baker Michelle Camponey Laura Eakens Mark Hayes Barbara Klepper Mack Morgan, III Dawn Ritter Terry Stokes John Barbush Brita Cantrell Nikki Edwards Ryan Haynie John Knowl Danielle Mosesman Cody Roberson Roger Stong Steven L. Barghols Camerom Capps Joshua Edwards Conner Helms Barrett Knudsen Russell Mulinix John Robertson Martin Stringer Christian Barnard Joe Carson Marc Edwards Dorothy Hein Lane Krieger Glenn Mullins Rob Robertson Scott Sublett LeAnne Barnett Michael Carter Joe Edwards Anthony Hendrick Michael LaBrie Michael Mullins Mary Robertson Erin Sullenger Brian Beatty Jordyn Cartmell Gregg Eichner Crystal Hendrix Jeff Laird Rick Mullins Brett Robinson David Sullivan Sasha Beling James Chaney Bill Elias Andrew Henry Michael Laird Robert Naifeh, Jr. Reid Robison Cullen Sweeney Howard Berry Kaitlyn Chaney Harvey Ellis John Hermes Emma Land Nicole Nash Jason Rogers Todd Taylor Mark E. Bialick Tim Cheek Barrett Ellis Conner Hermes Leslie LaReau Lane Neal Patricia Rogers Derrick Teague Joe Biscone Adam Childers Shannon Emmans Holly Heron James Larimore Kathy Neal Paul Ross Kathryn Terry Emily Biscone Gary Chilton Lindsey Everest Stephen Hetrick Myrna Latham Corey A. Neller Jim Roth Curtis Thomas Riley Bisher Clay Christensen Michael Felty Frank Hill Mike Lauderdale Glenda Nix Timila Rother John Thompson Rick Bisher Mark Christiansen Matt Felty Gerald Hilsher Bill Leach Richard Nix Sherry Rozzell Sarah Timberlake Jeremy Black Stacey Chubbuck Riane Fern Cary Hiltgen Michael T. Leake, Jr. Michael Nordin Kurt Rupert Molly Tipton Mike Blake John Chubbuck Jordan Field Heather Hintz Heather Leep Kendra Norman Anton Rupert Jeff Todd Ken Blakley Sanford Coats Robin Fields William Hoch Fred Leibrock Michael Novotny Mary Rupert Gaylan Towle, II Kevin Blaney Kevin Coffey Roberta Fields Arthur Hoge Norman Lemonik Robert O’Bannon Patrick M. Ryan Haylie Treas Rachel Blue Nick Coffey Amy Sherry Fischer Chance Holland Lewis LeNaure Jenny Odom Jason A. Ryan Jennifer Tupps Billy Bock Steve Cole Eric Fisher Alan Holloway Joe Lewallen L. Earl Ogletree Jack Sargent Ryan Tupps Tim Bomhoff Jodi Cole Bill Freudenrich Matt Holman Caroline Lewis Larry Ottaway Chris Scaperlanda Erin Van Laanen Drew Boone Chris Coleman Greg Frogge Gary Homsey Gideon Lincecum Zach Oubre John Schaefer Alison Verret Monty Bottom Grady Conrad Michael Furlong Mark Hornbeck Lauren Lindsey Martin Ozinga Ashley Schovarec Evan Vincent Brock Bowers Lance C. Cook B. Gore Gaines Henry Hoss Candace Lisle Armand Paliotta Blaine Schwabe, III Jeff Vogt Elizabeth Bowersox Cody Cooper Tim Galleghy Alison Howard Jackson Lisle Drew Palmer James Scimeca Lauren Voth Andrew Bowman Elizabeth Cooper Rob Garbrecht Hilary Hudson Todd Lisle Julia Palmer Peter Scimeca Andy Walding Matt Bown Mary Quinn Cooper Charles E. Geister, III Glenn Huff Russell Lissuzzo John Papahronis Jeffrey Scott Collin Walke Reagan Bradford George Corbyn Stephen Gelnar Larry Huffman Ron Little Terra Parten Elizabeth Scott L. Mark Walker Zachary Bradt Laura McConnell-Corbyn Kelly George Patrick Hullum Brandon Long Blake Patterson Phil Sears Jay Walters Alexandra Brady Melissa Cottle Lysbeth George Sean Hunt Laura Long Rina Pearce Scott Sewell Joe Walters Michael Brewer Todd Court DeeAnn Germany Cheryl Hunter Grant M. Lucky Patrick Pearce, Jr. Randall Shadid Steve Ward Simon Bright Richard Craig Jared Giddens Dudley Hyde Jeff Ludlam Chance Pearson Danny Shadid Rick Warren Amber Brock Billy Croll Andrew Gin Anna Imose Bob Luttrell David Pepper Robert Sheets Travis Watkins Matthew Brockman Judy Cross Kayce Gisinger Garvin Isaacs John Mackenzie Michael Perri Stephen Sherman Erin Way Elizabeth Brown Ryan Cross Juston Givens Elizabeth Isaacs Michael Maloan Keith Peters Jennifer Sherrill Chase Webb JD Brown Bruce Crum Bonner Gonzalez Justin Jackson Mark Malone Casady Pickar Susan Shields Drew Webb Matt Brown Ryan Cunningham Maria Gonzalez Stephen Jantsen Ashley Manning Amy Pierce Ron Shinn,Jr. Daniel G. Webbes, Jr. Rachal Brown Dillon Curran Paige Good Paula Jantzen Steve Mansell Ross Plourde Hannah Cline Shoss Emilie Wedman Alexa Browning Jeff Curran Jimmy Goodman James Jennings Ray Maples Charles Plumb Will Silvia Travis Weeden Courtney Bru Bob Dace Kevin Gordon Travis Jett Cole Marshall Frank Polk Kristin Simpsen Travis Welch Philip Bruce Elizabeth Dalton William Gosney Jessica John Bowman Paige Masters Tracy Poole Amy Sine Bryan Wells Tanya Bryant Thomas Daniel Danae Grace Stephen Johnson Byrona Maule Nick Porter Vani Singhal Phillip Whaley Craig Buchan Bradley Davenport Josh Greenhaw Bryce Johnson Mike McAtee Leo Portman Michael Smith Nathan Whatley Brandon Buchanan Steve Davis Chuck Greenough Rich Johnson Mike McClintock Sara Potts Matt Smith Amy White Vickie Buchanan Bruce Day Erin Gregory Bill Johnston Scott McCreary Ashley Powell Spencer Smith Joe White Jeremiah Buettner Anna Denner John Griffin, Jr. T. Mark Johnston Katie McCune Elizabeth Price Josh Smith Lyndon Whitmire Steven Bugg Cheryl Denney Mark Grossman Jake Jones Mark McDaniel Louis Price Barry Smith John Wiggins Joel Bulleigh Wagner Dias da Silva Jeff Grotts Robert Ray Jones Allison McGrew Jim Prince Mackenzie Smith Jennifer Willey John Bunting Jessica Dickerson Andy Gunn Rachel Jordan Kent McGuire Anna Proctor Michael Smith Kimberly Williams Emily Bunting Jacob Diesselhorst Robert Gunn Michael Joseph David McPhail Dru Prosser Spencer Smith Paula Williams Derek Burch Jodi Dishman Spencer Haines Robert Joyce Mel McVay Tony Puckett Nicole Snapp-Holloway W. Brett Willis Judy Burdg Valerie Dixon Joel Hall James Kallestrom Jason McVicker Ashley Quinn Tom Snyder Tom Wolfe Christina Burgess Bryan C. Dixon, Jr. Adam Hall Linda Kaufmann Sam Merchant Anthony Rahhal Josh Solberg Elizabeth Wood Brian Burget Jim Dobbs Bill Hall Matt Keane Nick Merkley Natalie Ramsey Lindy Spencer C. Russell Woody Tom Burk Bobbak Dolatabadi Judy Hamilton David Kearney Brett Merritt Kevin Ratliff Mark Spencer Todd Woolery Joshua Burns David Donchin Joe Hampton Garry Keele Gregory Metcalfe Craig Regens Robert Spoo Kacie Wright Scott Butcher Brad Donnell Lauren Hanna Thomas Kendrick Henry Meyer Dawn Rehme Christopher Stain Monica Ybarra Carol Bybee Cliff Dougherty Lloyd Hardin John Kenney Jon Miles Carrie Remillard Matt Standard Stanton Yeakley Kim Caldwell Maggie Dowdy Joel Harmon Clayton Ketter Brad Mille Dee Replogle Tom Steichen Ray Zschiesche Jennifer Callahan Alex Duncan Sally Hasenfrantz Kristin Kimpsen Brent Mills Mary Richard Patrick Stein Harold Zuckerman Add Your Name To The Ever-Growing List Of Supporters By Visiting: www.Re-ElectJudgeAndrews.com Authorized and paid for by Committee To Re-Elect Judge Don Andrews 2018 10 BRIEFCASE • March 2018 www.okcbar.org • March 2018 • BRIEFCASE 11

WE SUPPORT DISTRICT JUDGE RICHARD OGDEN

Cristina Adair James Chaney Shannon Emmons Cary Hiltgen Jeff Ludlam Amy Pierce Josh Solberg Charles Alden Tim Cheek Tricia Everest Heather Hintz Bob Luttrell Ross Plourde Mark Spencer Kevin Alford Wade Christensen Riane Fern William H. Hoch Robert Magrini Charlie Plumb Zach Spencer Aaron Arnall Melanie Christians Roberta Fields Robert Hoisington Michael T. Maloan Joe Poe, Jr. Robert Spoo Michael Avery Mark Christiansen Amy S. Fischer Alan Holloway Mark Malone Frank Polk Ron Stakem JR Baker John Chubbuck Richard C. Ford Matt Holman Cole Marshall Tracy Poole Matt Standard Brett Baldwin Lois Clarkson Sierra Fowler Henry Hoss Byron J. Maule Louis Price Ainslie Stanford John E. Barbush Nick Coffey Alessa French Marty Hrane Mike McClintock Jim Prince Molly Stasell Alan Bardell Jodi Cole Bill Freudenrich Naureen Hubbard Laura McConnell-Corbyn Kyle Prince Tom Steichen Steven L. Barghols Steve Cole Greg Frogge Glen Huff Mike McCoy Anna Proctor Patrick Stein Christian Barnard Chris Coleman Stephen Frogge Larry Huffman Scott McCreary Dru Prosser Lacey Stevenson Burl Beasley Sheryl Colton Sam Fulkerson Sean Hunt Katie McCune Tony Puckett Troy Stevenson Brian Beatty Marty Coltrane Rob Garbrecht Cheryl Hunter Allison McGrew Michael Pullen Roger A. Stong Vicki Behenna Christopher T. Combs Melissa Garner Dudley Hyde David T. McKenzie Jim Pullen Martin Stringer Bert Belanger Eric Combs Evan Gatewood Anna Imose David McPhail Tony Rahhal Scott Sublett Sasha Beling Grady Conrad Charlie Geister Scotty Irani Mel McVay Dawn M. Rahme Cullen D. Sweeney Carolyn Bell Lance Cook Kelly George Elizabeth Isaacs Jason McVicker Natalie Ramsey Kyle Sweet Mindy Bellar Cody J. Cooper Lysbeth George Justin Jackson Justin Meek Frederick Redwine Keith Taggart Jeremy Black Mary Quinn Cooper Jared Giddens Scott Jeffrey Sam Merchant Phil Redwine Randy Tate Brian Blackstock George Corbyn Alyson T. Gildner Julie Jernigan Johnna Merchant Dee Replogle Clay Taylor Raymond Blair Melissa Cottle John Gile Rich Johnson Brett Merritt Andy Richardson Laurette Taylor Mike Blake Todd Court Matt Gile Blake Johnson Henry A. Meyer Michael Richardson Roland Teague Kevin Blaney Derek Cowan Joe Goerke Steve Johnson D. Kent Meyers Rick Riggs Kathy Terry Ed Blau Margaret Cox Andrea Golden Zach Johnson Campney Michelle Dawn Ritter Curtis Thomas Rachel Blue Richard Craig Cher Golding Jake Jones Dan Michelson Rob Robertson John M. Thompson Tim Bomhoff Myesasha Craven Bonner Gonzalez Skeeter Jordan Robert Mitchell Reid Robison Jeannette Timmons Tyler Books Billy Croll Maria Gonzalez Mike Joseph Isai Molina Patricia Rogers Molly Tipton Monty Bottom Ryan Cross Paige Good Bob Joyce Mack J. Morgan, III Jason T. Rogers Jeff Todd Brock Bowers Chris Crotts Jimmy K. Goodman Garry Keele Judy Hamilton Morse Paul Ross Molly H. Tolbert Elizabeth Bowersox Bruce Crum Kevin D. Gordon John Kenney Derrick Morton Jim Roth Elaine Turner Jessica John Bowman Doug Cubberley Randy Gordon Kristin Kimpsen Danielle Mosesman Timila Rother Susan Urbach Matt Bown Jeff Curran Martin O. Gozinger Andrew King Riley W. Mulinix Sherry Rozzell Erin Van Laanen Zac Bradt Robert Dace Danae Grace Sydney Kippenberger Russell Mulinix Kurt Rupert Alison Verret David Branscum Elizabeth Dalton Dustin Green Barbara Klepper Lindsey Mulinix-Ewert Meg Salyer Jim Vogt Michael Brewer Thomas J. Daniel Charles Greenough Barrett Knudsen Rusty Mullin Angi Santee Lauren Voth Simon Bright Eric Davis Jeff Grotta Phillip Koszarek Tracey Mullins Jack Sargent Tim Walding Amber M. Brock Jack Dawson Benjamin Grubb John Krahl Michael Mullins Chris Scaperlanda Collin Walke JD Brown Bruce W. Day Spencer Habluetzel Kevin Krahl Rick Mullins John Schaefer Misty Wallace Matt Brown Ryan Dean Jordan Haggood Jake Krattiger Brooke S. Murphy Ashley M. Schovanec Joe Walters Courtney Bru Cheryl Denney Spencer Haines George Kurdgelashvili Kindt Steven Myers Phil Sears Steve Ward Phil Bruce Donald E. DeSpain Pat Hall Mike LaBrie Kathy Neal Brian Self Ashley Warshell Gary A. Bryant Curt Dewberry Joe Hall Michael Laird Samuel D. Newton Scott Sewell Chase Webb Craig Buchan Derrick DeWitt Bill Hall Emma Land Richard Nix Rob Shaff Drew Webb Brandon Buchanan Wagner Dias da Silva Joel Hall Jason Langford Michael Nordin James Shaw Charles C. Weddle III Vickie Buchanan Jessica Dickerson Erica Halley Myrna Latham Kendra Norman Robert Sheets Tray Weeden Whitney Buergler Jodi Dishman Lauren Hanna Gretchen Latham Robert O’Bannon Chris Shelton Nathan Whatley Jeremiah Buettner Valerie Dixon Lloyd Hardin Mike Lauderdale Jenny Odom Jennifer Sherrill John Whetsel Steven Bugg David Donchin Joel W. Harmon Bill Leach Charles Oppenheim Susan Shields Joe White Joel Bulleigh Brad Donnell Andrew Harroz Heather Leep Vanessa Orta Ron Shinn Ed White Emily Bunting Cliff Dougherty Sally A. Hasenfratz Fred A. Leibrock Leslie Osborn Susan Short Reggie Whitten John M. Bunting Tim Dowd Nathan Hatcher Norman Lemonik Larry Ottaway Hannah Cline Shoss Melanie Williams Judy Burdg Alex Duncan Terry L. Hawkins Joe Lewallen Zach Oubre Will Silvia Ryan Wilson Brian Burget Kaitlyn Dunn John B. Hayes Lauren Lindsey Charles Ozan Terry Simmons Tom Wolfe LeAnne Burnett Teena Dunn Mark Hayes Candace Lisle Martin G. Ozinga Kristin Simpsen Betsy Wood Benjamin Butts Andre V. Eans Jordan Haygood Russell Lissuzzo William Pace Vani Singhal Cody Wood Zoe Butts Nikki Edwards John Heatly Ron Little Julia Palmer Matt Smith Harry A. Woods, Jr. Jennifer Callahan Sally Ketchum Edwards Joshua Hefner John Lomoro John Papahronis Barry Smith Todd Woolery Connie Calvert Joe E. Edwards Anthony Hendricks Brandon Long Terra Parten Josh Smith Kacie Wright Randy Calvert Kevin Edwards Mark Henricksen Laura Long Thomas Paruolo Mackenzie Smith Brenda Wyskup Allen Campbell Marc Edwards Brad Henry Dan Lorant William Paul Michael Smith Monica Y. Ybarra Robert Campbell Nicholle Edwards John Hermes Jason Lorton Seth Paxton Spencer Smith Stanton Yeakley Brita Cantrell Sarah B. Edwards Josh Herzer Paula Love Michael R. Perri Carolyn Smith John Yoeckel Spence Carson Justin Edwards Stephen Hetrick Scott Love Keith Peters Chelsea Smith Ray Zschiesche Larry G. Cassil, Jr. Gregg Eichner Justin Hiersche Dakota Low Margaret Petit Lenardo Smith Harold Zuckerman James Chaney Barrett Ellis Frank Hill Jeff Lude Kayla Petsch David Smith, II Kaitlyn Chaney George Emerson Gerald Hilsher Lisa Ludlam Corey Phillips Stewart Snider JudgeOgden.com Authorized and Paid for by Committee for Judge Richard Ogden 2018 | 201 Robert S. Kerr, Suite 1600 | Oklahoma City, OK 73102 12 BRIEFCASE • March 2018 The Chicken Rebellion! By Geary Walke

ix years ago we published the The flock on a porch glider story of a grocer in Hollis, SOklahoma who was sued by the state for selling eggs that were collected from folks in the community, but were not submitted to the regulatory inspections and packaging (See July, 2012 Briefcase). That grocer won at trial and won on appeal to the Oklahoma Supreme Court in a published opinion at 1958 OK 245. That grocer’s son is Judge Michael Warren, Associate District Judge in Harmon County. Judge Warren has that same rogue personality as his dad. Judge Warren’s wife, Melissa, won’t let him live that down and now raises chickens as evidenced by these photographs. She says they’re currently getting 4 to 10 eggs per day but the chickens associate together, make a lot of noise, and seem to always be on the edge of rebellion. The Washington Post carried a story on March 5, 2018 about Silicon Valley elites who are raising chickens and it has even become something of a status symbol. These photos show conclusively why Chickens in the hot tub, relaxing after a hard day . chickens are the next big fad! Judge Warren with his flock

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We Support JUDGE LISA TIPPING DAVIS

Luke Abel Cody Cooper Michael Furlong Robert “Ray” Jones Glenn Mullins <ƌŝƐƟŶ^ŝŵƉƐĞŶ Abby Allford George Corbyn Evan Gatewood Laurie Jones Todd A. Murray Michael Smith Michael Anderson George S. Corbyn, Jr. Cody N. Gayer Skeeter Jordan Robert Naifeh Naomi Smith Kyle Babbit Stephen Cortes Sharon Gentry James Kallstrom Lane Neal Sean Snider Steve Barghols Billy Coyle Lysbeth George Linda G. Kaufmann Robert Nelon Tom Spencer Johnny Beech John Coyle III Kelly George David Kearney Drew Neville Bryan Stanton Bert Belanger Richard Craig ZŽďĞƌƚ'ŝīŽƌĚ Jerry Kelley John W. Norman DĂƌƟŶ^ƚƌŝŶŐĞƌ Gene Bertman Pamela Craig John Gile Thomas Kendrick Bradley Norman Cullen Sweeney Mark Bialick Billy Croll Shiela Gilley John Kenney Robert O’Bannon Chad Taylor Warren Bickford Randy Cullen Andrew T. Gin ůĂLJƚŽŶ<ĞƩĞƌ J.David Ogle Derrick Teague Kelly Bishop Robert Dace Kayce Gisinger Hayden R. King L. Earl Ogletree Kate Templeton Mitch Blackburn Elizabeth Dalton ůŝī'ŽŽĚŝŶŐ Paul Kouri Steve Olson Kathy Terry Kenneth Blakley Danielle Daniel Jimmy Goodman Lane O. Krieger Eldon Overstreet John Thompson Michael Blaschke Shannon Davies Kevin Gordon Michael Laird DĂƌƟŶKnjŝŶŐĂ Kate Thompson Joe Bocock Andrew Davis Randy Gordon Jim Larimore Revell Parrish Tsinena Thompson dŝŵŽŵŚŽī Steve Davis ^ĂƌĂŚ>ĞĞ'ŽƐƐĞƩWĂƌƌŝƐŚ Mike Lauderdale Beverly Pearson Daniel J. Thompson Mark Bonner Eric Davis Robert Gray Bill Leach Michael Phillips :ŽƐĞƉŚdŝƩĞƌŝŶŐƚŽŶ ůĞdžƵƩƐƌĂĚLJ Don Davis Jerry Green Michael T. Leake Jr. Lance Phillips :ĞīdŽĚĚ Jim Braxton Seth Day Charles Greenough David Lee Travis Pickens Molly Tolbert DĂƩƌŽĐŬŵĂŶ Wagner Dias da Silva :ĂLJ'ƌŝĸŶ Ray Lees Amy Pierce Margaret Travis Philip Bruce Jodi Dishman ƌLJƐƚĂů'ƌŝĸŶ Fred Leibrock Gerard Pignato Paul Trimble Ken Brune Bryan Dixon, Jr. Mark Grossman Andy Lester Ross Plourde Kaci L. Trojan Jennifer Bruner David Donchin Judy Hamilton Morse Joe Lewallen ^ƚĞƌůŝŶŐWƌĂƩ Mike Turpen Brandon Buchanan Kevin Donelson Joe M. Hampton Caroline J. Lewis Elizabeth Prince Chris Tytanic :ŽŚŶƵŶƟŶŐ Brad Donnell Joel Harmon Candace Lisle Richard Propester Erin Van Laanen Derek Burch Cary Dooley Inona Harness Laura Long Rob Ramana Cheryl Vaught Kevin Butler ZLJĂŶƵīLJ Paul Harris Susan Loving Stacy Ramdas Alexander Vosler ĞŶũĂŵŝŶƵƩƐ Jason Dunn Kari Hawthorne Katherine Loy ^ĐŽƩZĂLJďƵƌŶ Lauren Voth Kim Caldwell Jerry Durbin Melissa Hedrick Greg Luther Jacob Reeves Joseph Walters Randy Calvert Laura Eakens Brooke Henderson Pete Marrs Erin A. Renegar Todd Ward Catherine Campbell Emmanuel Edem Anthony Hendricks Martha Marshall Douglas Rice WŚŝůtĂƩƐ Cameron R. Capps Robert Edinger Rusty Hendrickson dŝŵDĂƌƟŶ Shane Riddles Hill Evan Way Daniel V. Carsey Sarah Edwards Brad Henry Malinda Matlock John Robertson Drew D. Webb Joe Carson Joe Edwards John Hermes Byrona Maule Jason Robertson Charles Weddle Toni Caruso Marc Edwards William Hickman Stephen McCaleb Timila Rother Linda Weeks Evan Chambers Sally Edwards :Ğī,ŝƌnjĞů Laura McConnell-Corbyn Carolie Rozell Peter Wheeler Charles Chapel John Edwards William Hoch DĞůŝƐƐĂDĐƵīĞLJ Melanie Rugani Joe White :ĞŶŶŝĨĞƌŚƌŝƐƟĂŶ David Elder Daniel Hoehner Daniel McMahan Kurt Rupert ZĞŐŐŝĞtŚŝƩĞŶ Cathy Christensen George Emerson Monica Hoenshell Mike McMillin Tom Russell John Wiggins DĂƌŬŚƌŝƐƟĂŶƐĞŶ Shannon Emmons B. Chance Holland Mel McVay Lori Sander ƌĞƩtŝůůŝƐ Steven Clark Jon Epstein Mark Hornbeek Hank Meyer Ashley Schovanec Ryan Wilson Lois Clarkson Tricia Everest Roger Hurt Richard Mildren ,ĂůĞLJ^ĐŽƩ Tom Wolfe Dannnn Clemmons Thomas Ferguson <ƌŝƐƟ/ĐĞ Jennifer Miller ůŝnjĂďĞƚŚ^ĐŽƩtŽŽĚ Gary Wood ,ŝůĂƌLJůŝŌŽŶ Roberta Fields Jordan Jackson Heather Mitchell Randall L. Sewell Harry Woods, Jr ^ĂƌĂŚůƵƩƐ Richard Ford James A. Jennings Stephen Moriarty Donald Shandy C. Russell Woody Tony Coleman George Freedman Bill Johnson Lindsey Mulinix Elizabeth Sharrock Ray Zschiesche Chris Condren Shawn Fulkerson Bryce Johnson Rusty Mulinix Robert N. Sheets Becky McDown Rodney Cook Simone Fulmer Jake Jones Tom E. Mullen Steve Sherman

W/&KZzKDD/dddKZͳ>d:h'>/^d/WW/E's/^ϮϬϭϴ 14 BRIEFCASE • March 2018

Deborah Abbott Gerald Durbin Doug Kuck Tyler Quach Cristina Adair Rand Eddy Kathy Kuck Alyssa Ralston Kaitlyn Allen Joshua L. Edwards Tim Larason John Randall Kortney Allen Gregg Eichner James K. Larimore Brittany Brawlins Megan Allred William K. Elias Mike Lauderdale Scott Rayburn Sue Ann Arnell Ryah Embrey William S. Leach Lawanda Reed M.M. Arnett Maria Tully Erbar Carolyn W. Leake Chris Reser John Arrowood Amanda Essaili John Eldin Leake, III Savannah Rex Anu Arthur Marcy Fassio Mary Leake Kelly Reynolds Nicole Ayala Paul Faulk Heather Leep Ebony Rhodes D. Lynn Babb Judith Fernandez John Lennon Douglas A. Rice Brandon Baker Rodney Floyd Jenelle LePoint I’Dreana Richard Marianne Ballard Reeda Frampton Kaitlyn Lipscomb Mary Holloway Richard Elaine P. Bappert Brett Francis Renee D. Little Andrew Richardson Diana Barajas Jackie Francis Ann Lockwood Nathan D. Richter Sarah Barber Leah Francis Brandon Long Tom Riesen Sarah Becker Hansen Tacara Franklin Laura Long Dawn Ritter Blake Beeler Alessa French Brandon Lovelace Scott Robinson Vicki Behenna Melissa R. Gardner Emily Lovelace Reid Robison Carolyn Bell Melissa Garner Justin Lowe Heather Rohlmeier Letrice Bell Kim Gebrosky Katherine Loy Alicia Rucker Terry Benear Jerrod Geiger Linn Lu’u Kelly Sachs Clayton Bennett Holly Gibbons Nhung Lu’u Anita Sanders Mark E. Bialick Kayla Gilchrist Terika Mackey Angi Santee Jurhee Bilbury Juston R. Givens Joey Marks Benjamin Saunier Brice W. Bisel Edward Goldman Charley Marler Jennifer Savage Jeff Black Everardo Gonzalez Dena Marler Blake A. Sawyer Penny Black Paige Good Steve Marler Charles O. Schem Simona Blount Lawrence Goodwin Timothy L. Martin Charlie Schreck Jack Bomhoff Kevin Gordon Nahun Martinez Peter Scimeca Ted Bonham Robert W. Gray Temika Maxwell Elizabeth Scott Matt Bower Patricia Greenback Karla McAlister Haley Scott Ken Boyer Chuck Greenough Lloyd G. McAlister Jerry Sepkowitz Sherry Boyer Andy Gunn Michael McAtee Barry Shadid Zachary K. Bradt Linda Hack Robert McCain Dara Shadid Alex Brady Hanna Hagler Stephen L. McCaleb Jimmie Shadid Charles G. Braun Roberta Hale Aislan McClain Randal Shadid Michael Brewer Alex Haley Molly McClure Elizabeth R. Sharrock Amber Brock Aspen Hall Michelle McCombs Robert N. Sheets Cana Rose Brook Erica Halley Kenneth McConkey William Shelton Elisabeth D. Brown Gary Hamner Jacqueline McCormick Bill Sherman Elizabeth K. Brown James Hanks Greg McCracken Jennifer Sherrill Vance Brown Steve Hanna Gail A. McCuistion Merl W. Simmons, M.D. Philip Bruce Inona Harness Alex McDonald Roe Simmons Daniel E. Bryan, III Daryl Harrison Tawni McDonald Sydney Simmons Jeff Bryan Sally Hasenfratz Ciara McEntire Kristin Simpsen Tanya Bryant Bobby Hawkins Tawna Meadows Adam J. Singer Brandon Buchanan Gaylon Hayes Marcus Mears Vani Singhal Shannon Bucklin Kayla Hayes Ben Meek Chris Smith Matt Buergler Craig Heard Henry A. “Hank” Meyer, III Joshua D. Smith Shannon Burns Raechel Heard Jennifer Miller Matt Smith Will Burns Joshua Hefner Kevin L. Miller Michael F. Smith Cameron Burns Tara Henderson Kylie Mills Randy Smith Rylee Butler Anthony Hendricks Michelle Mitchell Stewart Snider Bryan Caddell Christina Gelona Hendricks Stephany Mitchell Tom Snyder Stacy Calhoun Russell L. Hendrickson Herbert Monks Amber Stachmus Allen Campbell Andrew E. Henry Paige Moon General Thomas P. Stafford Doug Carel David P. Henry Lacie Moore Matt Standard Bob Carter Cecilia Hernandez Mack J. Morgan III Bryan E. Stanton Larry G. Cassil, Jr. Dora Hernandez Riley W. Mulinix Darrel Stout, M.D. James Chaney Joshua Herzer Russell Mulinix Kylee Sutton Jesse Chapel Josh Hetner Lindsey Mulinix-Ewert James W. Swank Tim Cheek Kelli Hilgenfeld Glen Mullins Jane Swank Sean Chesley Kevin Hill Michael Mullins Wyatt Swinford Cathy Christensen Gerald Hilsher Rick Mullins Kendall A. Sykes Jennifer K. Christian Melanie Hinther J.J. Muses Ashley Taff Mark D. Christiansen Christina Hledik Carol Naifeh Danielle Talton B. Taylor Clark Michael Hledik Robert N. Naifeh, Jr. J.W. Tennery Chelsea Clark Nguyen Tuyet Hoa Lane Neal Tracey Terrell Lane M. Claussen Anh Thi Hoang Donald B. Nevard Jariann Thomas Danette Clemmons William Hobbs Kenneth Newman John Thompson Sanford Coats William H. Hoch Billy Nguyen Nicholas Thurman Michael G. Coker Dan Hoehner Christina Nguyen Nguyen Nhat Thuy Steven P. Cole Brandon Holland Dong Phuong Nguyen Doyle Tiffin Tony Coleman Angie Hopkins Hoang Nguyen Zay Tiffin Chris J. Collins Hailey Hopper Lauren Nguyen Valerie C. Tipps Haleigh Collins Richard E. Hornbeek Ngoc Nguyen Gaylan Towle II Jill Collins Eric L. Huddleston Sandy Nguyen Elizabeth Tracy Lori Combs Steven Huddleston Victor Nguyen Ron Tracy Mikel Cooley Zack Huddleston Cara S. Nicklas Dung Tran Mary Quinn Cooper Brittany Hueter Richard Nix Kaci L. Trojan Dianne Cotton Timothy Huling Avida Nola Lawrence Trucano Tammy Long Cotton Kyle Hunsinger Reine Nola Phillip J. Tucker Leonard Court Jessica V. Hunt Aliyah Nolen J. Eric Turner Todd Court J. Roger Hurt Kendra Norman Jacqueline Turner John Coyle Allen Hutson Whitney Ochs Brenda Vazquez Richard D. Craig Madeline Hyde Lori Ofsak Evan Vincent Millie Crane Elizabeth Isaacs Stephanie Olney John Vitali Pam Curlee Alicia Ivory Stephen L. Olson Amy Vongdeuane J. Wesley Cusher Jeramy Jarman Zach Oubre David Walls Elizabeth Dalton Jerry Jefferson Martin G. Ozinga Austin C. Walters Thomas J. Daniel C. Renee’ Jennings Janice Paisley Joseph Walters James W. Dawson Dakota Jennings Kwang Pak James B. Ward Kelly Dawson Thad S. Jennings Julia Palmer Drew Webb Bonnie Daye Michael Johnson Marco Palumbo Charles Weddle III Michael D. Denton, Jr. Cody Jones Courtney Parker Bill Wells Darren Derryberry Jake Jones Sarah Lee Gossett Parrish Brandi Westphal Dennis Dill Ryan Jones Teresa Patterson Peter Wheeler Jodi Dishman Sherry Jones Shannon Pearson Amy D. White Steve Ditto Robert J. Joyce Brittany Peckham Joe White, Jr. Bryan C. Dixon, Jr. Laurie D. Judy Jacqueline Pham Pete White David Dobson James M. Kaufman Katrina Pham Noel Whitley Jay Dobson Elizabeth Kaviani-far Trung Pham Carissa Wilkinson Bobby Dolatabadi Jonnie Keahey Van Pham Dana Wilmot Stan Dombek, MD David L. Kearney Nathan Phillips Kylea Wilmot David Donchin April Kelso Stephen M. Pike Elizabeth S. Wood Mary Dougherty Kelli Kelso Ross Plourde Alan R. Woodland Timothy C. Dowd Andi Kennedy David Pomeroy J. Tyler Worten Maggie Dowdy Lindsay Kerr Janice Ponder Kacie Wright Matt Dowell, D.O. Chi Kim Kathryn Ponder Brenda Wyskup Don Duncan Jim Kirk Laurie Poole Monica Y. Ybarra Kathrine C. Duncan Carol Knight Jaeson W. Post Amanda Youngblood David Dunn John Krahl E. Edd Pritchett Jr. David Younge Anh Duong Kevin E. Krahl Wally Pugsley Tracy Zahl www.okcbar.org • March 2018 • BRIEFCASE 15 2018 Santa Fe Ski Seminar

David Echols presenting on Family Law

Ski Santa Fe

Ski Trip Captains Justin Meek and John Heatly on each end; Garvin Isaacs & Hal Stratton leading the panel.

Kelli Stump & Michelle Edstrom 16 BRIEFCASE • March 2018 Cato’s Letters No. 2 The Fatal Effects of the South-Sea Scheme and the Necessity of Punishing the Directors

By Geary Walke

Cato begins this letter with a reference to a plague in France. Actually, it was anoth- and less merciful, than that at Marseilles. The latter has destroyed we are told, about er financial bubble to which he refers. The Mississippi Bubble would make the Wolf of sixty thousand lives, ours has done worse, it has rendered a much greater number of Wall Street blush. John Law was a Scottish adventurer who eventually came to control lives miserable who want but the sickness to finish their calamity, either by rendering it both France’s foreign trade and its finances. By 1719 John Law’s tentacles monopolized complete or by putting an end to them and that together. the French territories of the Mississippi River, the French tobacco trade and the African “Indeed, had the alternative been offered us half a year ago, I think it would have slave trades. The value of stock in his companies skyrocketed well beyond the earnings. Like been a symptom of wisdom in us to have chosen rather to fall by the hand of God than the English monopoly this French company was trying to retire royal debt, and endless by the execrable arts of stock-jobbers. . . . Complaining does not mend the matter yet speculation led to printing vast amounts of more money simply so more stock could what sensible heart can avoid complaining when he hears his country, a whole country, a be bought. Inflation and reality crashed in 1720 along with the value of the company potent nation, a nation happy in its climate, in its prince and in its laws, groaning under shares. mighty evils brought upon it by mean and contemptible hands and apprehending evils “Sir, the terrible circumstances of our French neighbors under the plague in some still more mighty? places expecting it in others and dreading it in all is a loud warning to us to take all “It is both prudent and religious in private persons to stifle the notions of revenge expedients and possible precautions against such a formidable calamity. “We have already had and still have, a contagion of another sort, more universal, and calmly expect reparation from God and the law. But jealousy and revenge in a whole people when they are abused are laudable and politic virtues without which they will never thrive. . . .Keen resentment ought to be shown and some punishment or punishments inflicted. When the dignity or interest of a nation is at stake mercy may be cruelty. “. . . If any crimes against the public may be committed with impunity men will be tempted to commit the greatest of all, and by that I mean making themselves masters of the state. And, where liberty ends in servitude is owing to this neglect. Caesar thought that he might do what he had seen Marius and Sulla do before him, and so enslaved his country. Whereas had they been hanged he would, perhaps, never have attempted it. “I bring these examples to prove that nations should be quick in their resentments and severe in their judgments. A nation has never been more abused than ours has been by the dirty race of money-changers. Never could a nation with better grace, more justice or greater security, take its full vengeance than ours can upon its detested foes. Sometimes the greatness and popularity of the offenders make strict justice unadvisable because unsafe, but here it is not so. You may load every gallows in England with directors and stock-jobbers without the assistance of a sheriff’s guard or so much as a sigh from an old woman, though accustomed perhaps to shed tears at the untimely demise of a common felon or murderer. A thousand stock-jobbers, well trussed up, besides the diverting sight, would be a cheap sacrifice to the Manes of trade. It would be one certain expedient to soften the rage of the people and to convince them that the future direction of their wealth and estates shall be put into the hands of those who will as effectually study to promote the general benefit and public good. . . . The resurrection of honesty and industry can never be hoped for while this sort of vermin is suffered to crawl about tainting our air and putting everything out of course, subsisting by lies and practicing vile tricks, low in their nature, and mischievous in their consequences. “That a multitude of families are ruined and suddenly sunk from plentiful circum- stances to abject poverty is affecting and lamentable, though perhaps all owing to their own rash confidence in the management of known knaves. That innocent children, born, as they imagined to fair fortunes and brought up accordingly must now want bread, or beg it, is a catastrophe that must pierce every tender heart, and produce pity and tears. But to see one’s country laboring under all the sad symptoms of distress without the violence of war, without the diabolical refinements of able politicians, but purely from 1233 Sovereign Row • Oklahoma City, OK 73108 www.warrenproducts.com • (405) 947-5676 the dull cunning of inferior rogues, void of bravery, void of abilities, wretches that would ocally wned and perated Since 183 run away in the field and be despised in assemblies, this is what should turn pity into rage and grief into vengeance. www.okcbar.org • March 2018 • BRIEFCASE 17 18 BRIEFCASE • March 2018 Bar Observer

OU Law Professor Emeritus To Receive University School of Law. Additional information about By meeting most or all of these criteria, the firm pro- Prestigious Homer Kpripke Achievement the Homer Kripke Achievement Award, including past vides an environment to foster healthy behaviors. The recipients, can be found at www.accfl.com/awards. policies, programs and procedures that Crowe & Dunlevy Award has implemented are designed to continue to positively impact not only employees, but visitors and employees’ Frederick H. Miller, professor emeritus at the Univer- Kaci L. Trojan Becomes a New Partner at families, as well. sity of Oklahoma College of Law, is this year’s recipient Crowe & Dunlevy was honored along with other Certi- of the lifetime achievement award from the American Durbin, Larimore, & Bialick fied Healthy Businesses at a recognition event held March College of Commercial Finance Lawyers. 1. The Homer Kripke Achievement Award recognizes a Kaci L. Trojan has become a new partner at the career of noteworthy leadership and a history of excep- Oklahoma City-based law firm Durbin, Larimore, & Bialick. In her nine years at the firm, Ms. Trojan has both tional dedication to the improvement of commercial Crowe & Dunlevy attorney named to 2018 finance law and practice. Award recipients have contribut- successfully defended and prosecuted cases as a first- ed to, and often changed the course of, commercial finance chair trial lawyer. She’s a member of the Oklahoma Bar Leadership Native Oklahoma class law and practice through activities that have had a lasting Association, Oklahoma County Bar Association, Young The American Indian Chamber of Commerce of Okla- and significant impact. Lawyers Division of the Oklahoma Bar Association homa recently named the 2018 Leadership Native Okla- Miller will be formally honored at the American Col- and Oklahoma Lawyers for Children. She also provides homa (LNO) class, including Crowe & Dunlevy attorney lege of Commercial Finance Lawyers’ annual meeting in lectures on tort reform, insurance claims handling, the Ryan K. Wilson. LNO brings together a diverse group April in Orlando, Florida. Demise of Parret and legislative updates. The firm is of community leaders who are committed to improving Miller joined the OU Law faculty in 1966. He taught located at 920 North Harvey Avenue, and can be reached Oklahoma’s future for native and non-native communities courses on commercial law, consumer law, contracts, and at 405-235-9584. alike. real estate finance transactions. Wilson is an associate in the firm’s Oklahoma City He is a member of the Order of the Coif, Phi Beta office and serves in the Administrative & Regulatory, Crowe & Dunlevy achieves Certified Healthy Kappa, the American Law Institute, the Oklahoma Bar Criminal Defense, Compliance & Investigations, Indian Association and the American Bar Association. He has Business status Law & Gaming and Litigation & Trial Practice Groups. been of counsel to several Oklahoma law firms. He earned his bachelor’s degree in political science from Miller is a Commissioner from Oklahoma to the Nation- Crowe & Dunlevy recently earned the designation Yale University and received his Juris Doctor from the al Conference of Commissioners on Uniform State Laws of Certified Healthy Business for its commitment to University of Oklahoma College of Law. He consistently (NCCUSL), and served as its Executive Director and improving and making a positive impact on the health and focused on Native American affairs throughout his educa- chair of its Executive Committee. Miller also served as a wellness of firm employees. This award is given by the tion, serving as an intern at the Chickasaw Nation Judicial past president of the NCCUSL, as chair of the Permanent Certified Healthy Oklahoma program, which recognizes Department and publishing a law review article titled Editorial Board for Uniform Commercial Code, as chair entities who go above and beyond to provide healthy envi- “Closing Time: Removing the State of Oklahoma from of the ABA’s Business Law Section Uniform Commercial ronments for Oklahomans. Alcohol Regulation in Indian Country.” Code Committee, as a member of the Council of that In the medium-large business category, Crowe & Dun- LNO seeks to foster cohesiveness from current and Section, and as a member of the Section’s Publications levy implemented and upgraded several healthy facets of future tribal leaders of different backgrounds. The 2018 Board. He has authored or co-authored over 100 articles the firm’s business environment. Certified Healthy Okla- class will aim to identify, evaluate and implement proj- and books or book chapters. homa applicants are rated on several factors, including ects that are of value to Native American businesses in The Kripke Award honors the memory of Homer Krip- organizational supports, tobacco control, nutrition, phys- Oklahoma. Wilson will join other members of the class ke, a former assistant general counsel at The CITIGroup ical activity, stress management, mental health, chronic for monthly sessions, a team-building workshop and a Inc. who was appointed the Chester Rohrlich Professor disease prevention and management, occupational health two-day Indianpreneurship class. A graduation recognition of Corporate Law, Finance and Taxation at New York and safety as well as health promotion. ceremony will be held later in the year.

I’M STILL RIGHT! By Michael W. Brewer

Recently, I received a link to a New York Times op-ed piece by Nicholas Kristoff. I regularly skim the NYT and read deeper when something catches my eye, but didn’t remember reading this short piece entitled “You’re Wrong! I’m Right”.1 In this op-ed, Kristoff discusses a problem that we now encounter daily - the expansion of self-ideological supporting social media called “The Daily Me”. Significantly, Kristoff ends with these sage words: “It should be possible both to believe deeply in the rightness of one’s own cause and to hear out the other side. Civility is not a sign of weakness, but of civilization.”1 While these words should receive consideration among the general populace, they should even more so find open minds among our legal peers. Isn’t this what experience and mentors have taught attorneys for years? You have to know the strategy and evidence of your adversary in order to rebut, cross, and refute the other side’s case. It seems like Litigation 101 or basic legal strategy. However, in the cultural swamp we live in, those foundational considerations seem to get bypassed by our profession more and more often. The situation then devolves to a lack of simple courtesies and professionalism. Most of the time this problem is propped up by “The Daily Me” machine of “this is how you even the playing field,” “this is how you maximize settlements or judgments,” or “this is retribution for some perceived game playing.” Does anyone really

See I’M STILL RIGHT, PAGE 22 www.okcbar.org • March 2018 • BRIEFCASE 19

Oklahoma County Associate District Judge

We Support Judge Kirby for Re-Election:

Glenn Coffee, Chair Kevin Kelley Jack H. Petty Amy J. Sine Gerald E. Kelley Gary L. Giessmann Robert Martin Shannon D. Taylor Mark W. Malone Dennis S. Boxeur Sarah Hance Michael W. Thom Terrell Monks Kenneth L. Peacher, II Chris Cotner Laura McConnell-Corbyn Rollin Nash, Jr. Robert A. Miller James C. Shaw Cynthia Cohenour James L. Scott N. Martin Stringer

Len Cason John Gile Brian Burget Danae Grace Robert Luttrell, III John Sargent John Robertson Leslie Gile-Erwin Jennifer Callahan Charles Greenough Mark Malone Christopher Naomi Smith Gary Derricck Brita Cantrell Spencer Haines Hazen C. C. Marshall John Schaefer J. Leslie LaReau Matt Gile Kaitlyn Chaney William Hall Michael McClintock Philip Sears Joe Hogsett Moira Watson Mark Christiansen John Derek Scott McCreary Scott Sewell Stacey Spivey Mitchell K. McCarthy John Chubbuck Lloyd Hardin Allison McGrew Susan Shields James Hallstrom Seth A. Day Hannah Cline Mark Hayes Jason McVicker Ronald Shinn Matt Brockman Dan Glover Nicholas Coffey John Hermes Samuel Merchant William Silivia David Elder Michael Smith Jodi Cole Stephen Hetrick Brett Merritt Kristen Simpsen Elizabeth A. Price Dylan Erwin Steven Cole Frank Hill Isai Molina Vani Singhal Michael T. Novotny David Pomeroy Walter Coleman Gerald Hilsher Mark Richard Barry Smith C. Russell Woody D. Pardue Mary Quinn Alan Holloway Kathy Neal Joshua Smith Erin L. Gregory John Frederickkempf, Jr. Melissa Cottle Matthew Holman Richard Nix Mackenzie Smith Steven C. Davis Larry Ball Todd Court Henry Hoss John Michael Spencer Smith Armand Paliotta Kent Gillilard Richard Craig Laurence Huffman Jenny Odom Joshua Solberg Shane Riddles-Hill Michael Avery Ryan Cross Sean Hunt Zachary Oubre Robert Spoo Kurt Rupert Lauren Barghols Bruce Crum Anna Imose Julia Palmer Patrick Stein Bill Johnson Christian Barnhard Robert Dace Elizabeth Isaacs John Michael Nordin Lacey Stevenson J. Christian Curry Brian Beatty Elizabeth Dalton Justin Jackson Terra Parten N. Martin Stringer David Pepper Sasha Beling Cheryl Denney Jessica John Bowman Keith Petters Curtis Thomas John J. Griffin Jeremy Black Wagner Dias da Silva Richard Joseph Ross Ploude Jeff Todd Jesssica Hatcher Thurman Blake Jessica Dickerson Michael Joseph Charles Plumb Erin Van Laanen Michael Furlong Rachel Blue Jodi Dishman Robert Joyce Frank Polk Alison Verret Billy McCroll Timothy Bomhoff Valerie Dixon Garry Keele Tracy Poole Jeffrey Vogt Linda Barnes Elizabeth Bowersox Bradley Donnell John Kenney Louis Price Joseph Walters Marcie Winfrey Michael Brecht-Smith Clifford Dougherty Andrew King James Prince Steven Ward Valeria Monks Simon Bright Michael Duncan Barbara Klepper Anna Proctor Chase Webb Chrystal Pingleton John David Brown Teena Dunn Barrett Knudsen Dru Prosser Drew Webb Shannon Condor Matthew Brown Gregg Eichner Michael LaBrie Tony Puckett Nathan Whatley David Howell Courtney Bru J. Barrett Ellis Emma Land Anthony Rahhal Elizabeth Wood Mark A. Matthews Philip Bruce Riane Fern Myrna Latham Natalie Ramsey Justin Todd James C. Shaw James Craig Roberta Fields Michael Lauderdale Dee Replogle Stanton Yeakley Jared Ford Brandon Buchanan Bill Freudenrich William Leach James Andrew Harold Zuckerman Michael P. Ford Vickie Buchanan Stephen Frogge Joel Lewallen Richard Riggs Katie Wagner Jeremiah Buettner Robert Garbrecht Russell Lissuzzo Reid Robison Jon Epstein Joel Bulleigh Bonner Gonzalez Ronald Little Patricia Rogers Nathaniel Hawkins Emily Butning Maria Gonzalez Brandon Long Paul Ross Lindsay Kister Judith Burdg Paige Good Laura Long Sherry Rozell

Authorized and Paid for by Committee to Re-Elect Judge Richard Kirby 2018 l Ethics Commission #9193 l judgekirby2018.com 20 BRIEFCASE • March 2018 THE “GOOD OL’ DAYS….” OP-ED BY: Shanda McKenney

My Mother, a lover of all things antique, ran across marvel at how far we’ve come in less than 100 years. cians, undertakers and carriers of U.S. mails, members a small book, hardly more than a pamphlet, at a junk Here are a few excerpts, taken as direct quotes from the of the National Guard and members of an organized fire shop. It is titled “Oklahoma Laws Made Plain” and was text: department” were all exempt from jury duty, at their sole published by Gerlach Bank in Woodward, OK in 1920. “Male minors and unmarried females under the age of option. The publication purports to be a summary of some of the 18 years may bind themselves until majority, or for any None of these summaries were accompanied by legal most “commonly used” laws by “farmers, mechanics, shorted time, to serve as clerks, apprentices or servants.” citations, so I guess we have to just take the Honorable and businessmen.” These summaries are undoubtedly (This “indenture” had to be filed with the county judge George’s word for it. Some other interesting tidbits accurate, as they are attributed to a certain Honorable and the “master” had to promise to send the kids to contained in this publication include the fact that clerical George F. Short, Assistant Attorney General of this Great school for at least 3 months out of the year. Very gener- workers, farmers, farm hands, railroad workers on inter- State. ous of them.) state lines and salesmen were not covered by the workers One day, out of sheer boredom, I began poring over “No child under the age of sixteen years or no girl compensation provisions. There is also a statement that this booklet. My Grandma was born in a dugout, not or woman shall be employed or permitted to work the University of Oklahoma is part of the “free” school all that far from Woodward, only a few years prior to underground in any mine or quarry. No girl under the system of the State and would admit any student who this publication. She used to regularly comment that age of 16 years shall be permitted to sell newspapers, could pass an entrance exam, or who had graduated from she never understood why so many people pined for the magazines, or periodicals in any street or public place in an accredited high school. Where was this information “good ol’ days.” She explained that lying on a straw tick a city.” (While I probably would have appreciated the when I was applying to colleges?!? mattress with scarlet fever, miles from any doctor, with exemption from such dirty work, I am really curious as There was one very specific provision that most all of snakes dropping through the ceiling onto your blanket to what was contained in 1920 newspapers that was so us, regardless of political stripe, would probably be okay was not “good.” offensive to fair womanhood.) with to this day. This was a provision which limited Grandma always thought sweeping a dirt floor was a “All section lines in the state of Oklahoma are declared the amounts candidates for office could spend on their pointless exercise and keeping wet towels shoved in the public highways. The public highway shall not be less campaign and made spending in excess of those limits cracks of all doors and windows during the Dust Bowl than 33 feet wide nor more than 66 feet in width.” (The a misdemeanor offense punishable by a $2000 fine and was apparently not much fun, either. She was a huge fan current standard lane width for state highways is 12 feet, up to 2 years in jail. For those of you who are curious, of all modern conveniences (particularly air conditioning according to Google. I guess wagons were bigger than the spending limit for a District Judge campaign was and microwaves) and took full advantage of her rights SUVs.) $500.00 and for most other types of offices, it was even and privileges. Having now read through this legal text, “Persons over sixty years of age, ministers of the less. I’m pretty sure my Grandma wouldn’t mind bring- I more fully understand my Grandma’s sentiments and gospel and county or district officials, practicing physi- ing back THOSE “good ol’ days.”

CELEBRATES from PAGE 1 These branches have different powers vested to it with checks and balances on the others. Article I of the Constitution vests the legislative power in Congress, Article II vests the executive power in the President and Article III vests the Judicial power within the United States with the Supreme Court and lower federal courts estab- lished by Congress. The Law Day 2018 theme encourages all of us to reflect on our current government and how it works today. This year’s festivities are on Tuesday, May 1st and begin at noon at the Skirvin Hotel Grand Ballroom. We are honored to have Dean Joseph Harroz, Jr. from the University of Oklahoma College of Law as the keynote speaker. Dean Harroz earned his B.A. in Economics with a minor in Zoology from the University of Oklahoma, graduating Phi Beta Kappa. He earned his Juris Doctorate from Georgetown University Law Center. Harroz served as Legislative Director and Legal Counsel to then- U.S. Senator David L. Boren and later joined the law firm of Crowe and Dunlevy, working in the area of commercial litigation. In 1994, he came to OU as Vice President for Executive Affairs. He then served twelve years as General Counsel to the Board of Regents of the University of Oklahoma, the longest to serve in that role in the University’s history. Prior to becoming Dean, Harroz was president of a pub- licly traded healthcare company. For the past twenty years, he has taught at OU Law, primari- ly in the area of employment law. Harroz was named Dean of OU Law in July of 2010. During his tenure, the OU College of Law has enjoyed remarkable success and growth, including achieving the highest U.S. News & World Report ranking ever earned by an Oklahoma law school. Law Day Luncheon tickets are available online at www.okcbar.org and can also be reserved by calling the bar office at 236-8421. Single tick- et price is $35 with tables of ten available for $350. www.okcbar.org • March 2018 • BRIEFCASE 21

OLIO from PAGE 5 will was found among decedent’s papers. as expressed in the will; but not 644 (Okl. 1990): The holographic instrument was entirely when the effect of inserting the The rule of construction that the so-called “property settlement” written, dated and signed in Decedent’s words in the will would alter or the Testator’s intent must be awarded plaintiff, and those which could handwriting, and is as follows: defeat such intention, or change carried out, if possible, does not not conceivably be considered as anything Last Will - 7-16-89 the meaning of words that are authorize the court to make a new except “alimony” . . . since the parties Being of sound mind clear and unequivocal. Nor will will to conform to what it may herein mention no such distinction, and I leave to Sandra Barton words be read into a will unless think the testator intended, but the bankruptcy discharge issue is presented the two homes and garage it is certain beyond a reasonable intent must be determined from herein, as if there were no such distinction, building to be rented if doubt that the testator has not the will as it stands. we will so treat it. possible - I also leave expressed himself as he intended The Court has impermissibly written a Defendant merely argues that, to the Catholic Church and supposed he had done; will for Decedent regarding the bequests in Oklahoma, the attorney’s fee that, Boys Club and, it must also appear with made to “Youth Shelter”, “Catholic in a divorce action, one party may be Youth Shelter equal certainty what particular ordered to pay for his, or her, adversary, Money for Louis words were omitted, and, if such Church”, and “Boys Club”. The Will must is quite different from alimony, or child Money for Kathryn certainty does not exist, it is fail as to those bequests. Similarly, the support money. He points out some of Orler 25,000 immaterial that a failure to insert bequests stating “money for Kathryn”, the distinctions between such obligations, Pat Nickerson Signed words would produce a state and “money for Louis” fail because of and concludes, in substance, that since Trustee Kathryn Paris of partial intestacy. The mere vagueness. To correctly interpret the Will, attorneys’ fees are not specifically A petition was filed to admit the omission of words by the testator the Court was required to construe the mentioned among the various obligations instrument to probate as the Last Will from his will through oversight language used by the testator. The addition excepted by the Federal Statute, supra, from and Testament of Decedent. There was no on his part, or due to a mistake of of words and thoughts was error. operation of a discharge in bankruptcy, contest and it was admitted to probate as the copyist, cannot be remedied Regarding the devise to Sandra they are subject to its operation. her Holographic Will. by the court in the absence of an Barton, the extrinsic evidence showed We do not agree. None of the Later, the Personal Representative intention apparent on the face of that the only homes and garage owned distinctions, pointed out by defendant, filed a Final Account and petition for the will as written. by Decedent were owned in joint tenancy between obligations to pay such attorneys’ Distribution and Discharge. He alleged that As pertinent here, it is impossible to with surviving Husband. Therefore, that fees, and those to pay alimony or support the Will failed and the entire estate should determine from the four corners of the property passed to Husband. While a money, appear to be significant, or to be distributed to the estate of the deceased instrument what type of property, real specific devise possibly existed in favor have any efficacy, or validity, in a proper husband. The petition For Distribution was or personal, and what share, amount or of Sandra Barton, it fails by reason of consideration of the question before us. contested. The Court entered a finding that quantity of that money or property each ademption. As this court has previously recognized, the Will was ambiguous and scheduled a beneficiary is to receive. Finally, the bequest stating “Orler in Battles v. Battles, 205 Okl. 587, 239 hearing for the parties to present evidence Extrinsic evidence, such as parol P.2d 794, that alimony, and support of relating to the proper construction to be evidence, is admissible to determine an $25,000” was interpreted to mean his wife and minor children “remains the given to the Will. ambiguity to show what a testator meant a bequest of $25,000.00 to a friend of obligation of a bankrupt, notwithstanding At the hearing, the issue was presented by what she said, such evidence is not Decedent, Victor Orler. While this appears his discharge”, resolution of the present and tried on a written stipulation as to the admissible to show what the testator to be a valid bequest, it also fails because question requires only our additional known extrinsic evidence. The court held: intended to say. A Court may not insert Victor Orler filed a disclaimer regarding recognition of the necessity of the services (1) the instrument was no longer ambiguous; words in an instrument where none exist; his bequest. It follows that the estate assets of an attorney, and that provisions for (2) the devise to Sandra Barton of the two to do so would be to rewrite the will. As must be distributed in accordance with the payment for said services is a necessary homes and garage building failed because the Court said in Baxter v. Davis, 798 P.2d law of intestate succession. cost, or expense, in an action for divorce the property was owned in joint tenancy and alimony, and to insure (under the by Decedent and her husband; (3) “Orler” wording of § 1276, supra) the “efficient was Victor Orler, a friend and associate preparation” and “prosecution or defense” of Decedent’s husband; (4) the bequest of such an action. . . . In our opinion, the of $25,000 to Victor Orler, failed because Keep obligation to pay the attorney fee assessed he filed a disclaimer; (5) “Kathryn” was against the bankrupt for such services is an Decedent, Kathryn Paris; (6) “Money “accessory” to the alimony, and “follow[s] for Kathryn” should be construed as the nature of the liability” therefor, just as requiring the payment of all of her debts, truly as do the costs of the action. . . . A obligations, funeral expenses and expenses court-decreed obligation to pay such a fee of administration of her estate; and, (7) that also has some of the same characteristics “I also leave to the Catholic Church Boys distinguishing it from ordinary privately- Club Youth Shelter Money for Louis” contracted “debts”, that court-decreed meant that the Catholic Church of Krebs, Oklahoma County District Judge alimony possesses. . . . Oklahoma, the McAlester Boys Club, the In view of the foregoing we conclude Youth Emergency Shelter, and Decedent’s District 7, Office 9 that, despite differences between the husband, Louis Paris, were intended to be wording of § 1276, supra, and other beneficiaries. Since the devise to Sandra Tony Coleman James Shaw Clay Curtis J. Brent Galyon Tom Riesen Douglas Baxter Todd Adler Nevin Kirkland statutes having similar purposes in other Barton and the bequest to Victor Orler Blayne Armendoza Michael McBride Rodney Sherrer Fina Bustos States, a court-decreed obligation to pay failed, the estate must be distributed to the Corey Brennan Don Jackson Richard Hull Jeff Wise attorneys’ fees, such as is involved here, four residuary legatees and devisees, with David Slane Jeffrey Box Karla Tankut Debbie Maddox Gary Higginbotham Justin Lowe Stephanie Powers Marna Franklin is in the same category, as concerns its each receiving 25% of the estate remaining Billy Coyle Robin Bruno Micah Sielert Katie Bourassa being dischargeable in bankruptcy, as such after paying Decedent’s debts, obligations, Michael Johnson Candace Arnold Bailey Daugherty Ben Munda obligations to pay alimony. funeral expenses, and expenses of Tamer Shawareb Joan Lopez Thomas Hurley Amanda Holden Beau Williams Jason Spanich Holly Barrett Bill Foster administration. Joel Porter Dustin Phillips Ron Wallace Kimberly Miller Cesar Armenta Tommy Adler Lance Phillips Angelia Clark Scott Anderson Ali Khalili David Autry Jonathan Neal March 16, 1993 The Personal Representative of the Kristen Box-Lindsey C. Merle Gile Al Hoch Brigitte Biffle Twenty-Five Years Ago estate of Louis Paris, deceased (P.R.) Richard Anderson Jerry Jones Roma McElwee Alex Richard [Excerpted from Matter of Estate of appeals, and contends that 100% of the David Smith Robert Carter Terry Wiens Paul Faulk Ryan Hearne Angela Sonaggera William Lewis Shawn Jefferson Paris, 1993 OK CIV APP 50, 856 P.2d residual estate should be distributed to Dan Murdock Seth Hendrick Gary Wood J.P. Hill 583 80.] husband’s estate. P.R. cites Kostos v. Wesley Cadena Ginger Adair Bill Liebel Bonnie Blumert Anderson, 205 Okl. 655, 240 P.2d 73 Theodis Manning, Sr. Kyle Wasson Robert Goldman Kent Bridge Jason Waddell Jeff Eulberg Eddy Goldman Tamala Bridge Kathryn Paris (Decedent) died in (1952), wherein the Court said: Taylor McLawhorn Adam Banner Tommy Goldman Andy Hutter September, 1990. She was survived by The general rule for the Brett Behenna J. Patrick Quillian Marcy Fassio Erin Maxwell Jay Husbands Joi Miskel Ronald “Skip” Kelly John Michael Smith her husband, Louis Paris (Husband). He supplying of the omitted words Mack Martin Dan Good David H. Cole Brian Young died in March, 1991. At the time of her in a will is stated in 69 C.J. 82, Amber Martin Eric Bayat Scott Hester Robbie Robertson death, no will was found and her estate Section 1140(4): Words omitted Jacqui Ford Tanya Jones Juanell Ramirez Adrienne Robertson John W. Coyle III Nick Sutherland Jimmie Shelton Valerie Michelle Evans was considered intestate. An Administrator from a will may be supplied by Ryan Coventon Lydia Fields Miranda Conway Laura McConnell-Corbyn was appointed. A few months later, a the court whenever necessary to Authorized and Paid for by the Committee to Keep Judge Michele McElwee 2018 | Ethics Commission #9219 | www.keepjudgemcelwee.com holographic instrument, purporting to be a effectuate the testator’s intention 22 BRIEFCASE • March 2018

I’M STILL RIGHT from PAGE 18 referees are the worst. If a foul is not called, does it really count as a “foul?” One fan observes a trip down the court where the While this illustrates my point about NBA referees, we believe that utilizing Reptile or Rambo tactics will not defending player has hands on the offensive player using may soon know the answer to who is worse, with an April result in some sort of response on an equal footing? Does one hand to hold down the shooting arm, and the other 1 deadline approaching for the Oklahoma legislature. experience actually tell us that only by using hard-ball to tug on the jersey. The referee chooses not to blow his Consider that civilized debate really is good for society, tactics can you achieve increased positive results? If this whistle, thereby allowing this aggressive style of defensive and for our profession. Knowing your own weaknesses line of thinking is acceptable for non-attorneys, then we play. The fan comments that is a fair ruling, because and your opponents’ strong points can only help improve as a profession should be able to go about our business in otherwise the referee would have to blow his whistle on your strategy, as well as your mental health. On March much the same way, right?. every play. The fan of the other team is screaming, “Hey 14th enjoy some Pie! #Whynot! Do terms like “fascist,” “libtard,” and “snowflake” Ref, You Suck!” at the top of his or her lungs. On the next translate in our litigation world to plaintiffs and play back up the court, the player who was previously defendants alike? Well, they shouldn’t pursuant to our held makes a play on the ball along with the previously End Notes: code of professional ethics. But they do, as similar conduct holding player and both of their active moves result in a wrapped in strategies termed “Reptile” or “Rambo” are bump. The referee chooses to blow a whistle on this play, 1. https://www.nytimes.com/2018/02/17/opinion/ utilized by plaintiff and defense counsel, alike. We believe against the previously held player. The one fan observing sunday/liberal-conservative-divide.html; N. Kristof it is ok, because courts allow discovery conduct at one this exchange comments that was a good call, because it level and then expect trial behavior to be something else. was obvious retaliation for the last trip down the court. Michael W. Brewer is an attorney, founder, and partner However, appellate opinions that send cases back for new The other fan is still screaming, “Hey Ref, You Suck!” of Hiltgen & Brewer, PC in Oklahoma City, Oklahoma. To trials because of prejudicial and abusive attorney conduct even more loudly now. Can both fans be correct? Did contact Mike, email [email protected], call (405) 605- are beginning to pile up. So, let’s return to the one truth either of the players really do anything wrong? Since the 9000 or tweet him at @attymikeb. For more information, we can all agree on with an illustrative example - NBA referee only penalized the one, maybe only one did wrong. please visit www.hbokc.law.

Quote of the MONTH (Upon being asked “Should everyone be retired?”) If everyone were lazy, there would be no war. No one would have to go to school because no one would work. Sounds like paradise though I suppose famine might be a problem. —Retired Oklahoma County Judge Roger Stewart

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Call us today for a free estimate! dobson.net | 405.242.1000 | [email protected] www.okcbar.org • March 2018 • BRIEFCASE 23

Oklahoma County District Judge

Lloyd McAlister Drew Neville Charles Alden Anthony Childers Clifford Dougherty John Michael Carla McAlister Heather Suitatell Lisa King Andy Fugitt Michael Duncan Jenny Odom Cara S. Nicklas Cameron Capps Jack Dawson Laura L. Holmes Teena Dunn Zachary Oubre Brandon Baker Andrew T. Gin Johnny Beech Belinda H. Tricinella Gregg Eichner Julia Palmer Cody Jones Michael T. Leake, Jr. Ryan Leonard Laura L. Holmgren-Ganz J. Barrett Ellis John Michael Nordin Ryan Jones Hayden King Jason Reese Valerie Michelle Evans Riane Fern Terra Parten Halleigh Collins Chance Holland Travis Pickens Laura McConnell-Corbyn Roberta Fields Keith Petters David Donchin Dan Thompson Jonathan D. Buxton Cheryl Hunter Bill Freudenrich Ross Plourde Gerald Durbin Randall Sewell Travis W. Brown Brittany J. Byers Stephen Frogge Charles Plumb Mark Bialick Caroline Lewis Ken Blakely Robert L. White Robert Garbrecht Frank Polk Steve Sherman Lane Krieger Robert Edinger Ken Dewbre Bonner Gonzalez James K. Larimore Erin Renegar Ellen Adams R.S. Fudge Maria Gonzalez Tracy Poole Tom Kendrick L. Earl Ogletree Molly Stasell David Postic Paige Good Louis Price Glen Mullins Gregory Metcalfe Corey Phillips Reese Allen Danae Grace James Prince Lane R. Neal Robert McCampbell Mindy Bellar Eric H. Hermansen Charles Greenough Anna Proctor David Kearney Jay Walters Myeasha Craven Monty Cain Spencer Haines Dru Prosser Andy Gunn Rob Robertson Jennifer Chambers Michael Avery William Hall Tony Puckett Bryan C. Dixon, Jr. Paula Williams Lance Leffel Lauren Barghols John Derek Anthony Rahhal Ben Butts Travis Jett Chelsea Smith Christian Barnhard Lloyd Hardin Natalie Ramsey Robert C. Margo Nick Merkley Leanna Flow Brian Beatty Mark Hayes Dee Replogle Perry T. Marrs Lewis LeNaire Curt Dewberry Sasha Beling John Hermes James Andrew Jake Jones Ashley Quinn Zoe Butts Jeremy Black Stephen Hetrick Richard Riggs Allen Campbell G. Blaine Schwabe III Joseph Stall Thurman Blake Frank Hill Reid Robison Thomas J. Danie IV Amy Stipe Kyle Sweet Rachel Blue Gerald Hilsher Patricia Rogers Jim Cheney Elizabeth Cooper Robert D. Baron Timothy Bomhoff Alan Holloway Paul Ross Matt Standard Craig Regens Janice M. Dansby Elizabeth Bowersox Matthew Holman Sherry Rozell Amber Brock Katie Templeton Angela Ailles Bahm Michael Brecht-Smith Henry Hoss John Sargent Jim Kirk Joe Carson Shanda McKenney Simon Bright Laurence Huffman Christopher John Thompson Donal B. Nevard Chris Johnson John David Brown Sean Hunt Evan Vincent Alex Haley Thomas Manning Matthew Brown Anna Imose John Schaefer Kevin Gordon Dianne Cotton Gerard F. Pignato Courtney Bru Elizabeth Isaacs Philip Sears Elizabeth Scott Deborah Abbott Paul M. Kolker Philip Bruce Justin Jackson Scott Sewell Sanford Coats Linda Inks Brad L. Roberson James Craig Jessica John Bowman Susan Shields Hayley Scott Kelly Reynolds R. Thompson Cooper Brandon Buchanan Richard Joseph Ronald Shinn Evan Way Jenelle LePoint Dawn M. Goeres Vickie Buchanan Michael Joseph William Silivia Andrew J. Hofland Shannon Burns Steven P. Metheny Jeremiah Buettner Robert Joyce Kristen Simpsen Tynia Watson Jacqueline Turner Ed Abel Joel Bulleigh Garry Keele Vani Singhal Drew Polan Jerry Sepkept Luke Abel Emily Butning John Kenney Barry Smith Dan Sullivan Adam J. Singer John Zelbst Judith Burdg Andrew King Joshua Smith Andrew E. Henry Amy Pierce Rob F. Robertson Brian Burget Barbara Klepper Mackenzie Smith Sharon Vorhees Jared Giddens Steven Metheny Jennifer Callahan Barrett Knudsen Spencer Smith Mike Vorhees Tinita Rother Glen D. Huff Brita Cantrell Michael LaBrie Joshua Solberg Michael Brewer Monica Hoenshall Carri A. Remillard Kaitlyn Chaney Emma Land Robert Spoo Cary E. Hiltgen Alyssa King Casady Pickar Mark Christiansen Myrna Latham Patrick Stein Jeffrey Scott Andrew Davis Michael T. Maloan John Chubbuck Michael Lauderdale Lacey Stevenson Kaitlyn Dunn Rabindrunath Ramunu Lauren Lindsey Hannah Cline William Leach Katie McCune Randall Calvert Robert Hoisington Nicholas Coffey Joel Lewallen N. Martin Stringer Norman Lemonik Connie Calvert Whitney E. Buergler Jodi Cole Russell Lissuzzo Curtis Thomas J.R. Baker J. Clay Christensen David K. McPhail Steven Cole Ronald Little Jeff Todd Scott C. Sublett Kevin Gordon Eric Combs Walter Coleman Brandon Long Erin Van Laanen Jeff C. Grotta Emmanuel L. Edem Monty Bottom Mary Quinn Laura Long Alison Verret Lance C. Carla Melissa S. Hedrick Andrew M. Bowman Melissa Cottle Robert Luttrell, III Jeffrey Vogt Brock Bowers John E. Barbush Crystal Hendrix Todd Court Mark Malone Joseph Walters George Corbyn Glenn Huff Amy Sherry Fischer Richard Craig Hazen C. C. Marshall Steven Ward Kimberly Caldwell Charles Geister III Jason Rogers Ryan Cross Michael McClintock Chase Webb Leasa M. Stewart David W. Van Meter Jon Echols Bruce Crum Scott McCreary Drew Webb Jeffrey A. Curran Dean D. Webb Miguel Garcia Robert Dace Allison McGrew Nathan Whatley Philip Schovanec Stewart Snider Jake Jones Elizabeth Dalton Jason McVicker Elizabeth Wood John Wiggins Rick Mullins Allen Campbell Cheryl Denney Samuel Merchant Justin Todd Steve Johnson Gregg Euhni Thomas J. Daniel IV Wagner Dias da Silva Brett Merritt Stanton Yeakley Joe Hampton Jack Dawson James Chaney Jessica Dickerson Isai Molina Harold Zuckerman Steve Clark Amy L. Alden Matt Standard Jodi Dishman Mark Richard Larry Ottaway John Thompson Dakota L. Low Amber Brock Valerie Dixon Kathy Neal Cari Remillard Robert M. Naifeh, Jr. Kara F Graham Jim Kirk Bradley Donnell Richard Nix

COMMITTEEAuthorized TO KEEP and JDGE Paid THOMAS for E. by PRINCE Committee - CO-CHAIRS to Keep DAVID Judge DONCHIN Thomas AND DAVID E. VAN Prince METER, 2018LAURA MCCONNELL-CORBYN | Ethics Commission, TREASRER, #9030 Robert | www.KEEPJUDGEPRINCE.COM S. Kerr, Suite , Oklahoma City, OK 24 BRIEFCASE • March 2018

Re-Elect JUDGE 2018 BILL GRAVES P.O. Box 21176 • Oklahoma City, OK 73156 • www.JudgeGraves.com We Support Judge Bill Graves for Re-Election: • Governor Frank Keating • Former District Judge Kenneth Watson • Billy Coyle and Joe White, Co-Chairmen • Former District Judge Malcolm Savage • Oklahoma City Fraternal Order of Police • Former District Attorney Wes Lane • Oklahoma City Firefighters, IAFF Local 157 • Former U.S. Attorney Larry Patton • House Majority Leader Jon Echols • Former Mayor Kirk Humphreys • State Representative Kevin Calvey • Former OKC Councilman Pete White • State Representative Jason Lowe • Former House Speaker Loyd Benson • County Commissioner Ray Vaughn • Former House Speaker Lance Cargill • County Commissioner Brian Maughan • Former Senate Pro Tempore Glenn Coffee • County Commissioner Willa Johnson • Former State Rep Richard Morrisette • County Treasurer Butch Freeman • Former State Representative Kent Frates • County Clerk David Hooten • Former House Speaker Kris Steele • Court Clerk Rick Warren • Former State Senator Mike Fair • County Assessor Leonard Sullivan • Former OKC Councilman Skip Kelly • Municipal Judge Larry Cassil • Former Judge Jim Paddleford

Ed Abel Doug Carel David Echols Spencer Housley Steven Mansell James N. Posey Scott Adams Dan Carsey Stephen Fabian, Jr. Perry Hudson Mack Martin Joseph Reinke John Albert Joe Carson Nicholas Farha James (Jim) Hughes Amber Martin Thomas Riesen Charles Alden Carson Carter Marcy Fassio John Hunsucker Erin Maxwell W.A. “Dub” Ross Everette Altdoerffer William Cathcart Paul S. Faulk Cheryl Hunter Michael McAtee P. Andrew Sandlin Douglas B. Allen Gregory Castrow William Federman Andrew Hutter Laura McConnell-Cor- Tamer Schawareb Ethan Allen Derek Chance Eliot Feiler Garvin Isaacs byn David Slane Richard Anderson Jennifer Chance Jerry Fent Howard Israel Greg McCracken Jason Spanich Scott Anderson James Chaney Cleo Fields Jay Israel Mark McDaniel Larry Spears Gary Bachman Samuel Chavers Jackie Ford Donald Jackson David McKenzie Don Smitherman Bret Behenna Mark Christiansen Julie Fulton John Jensen Jaye Mendros Mark Stonecipher Donald Lynn Babb Heather Cline Brent Galyon Travis Jett Harold D. Methena Bill Sullivan Warren Bickford Jeff Cline William Garretson A.J. Jones Steve Metheny David Sullivan Ed Blau Brent Coldiron Jared Giddens Jake Jones Hank Meyer Jeffrey Tate Timothy Bomhoff Tony Coleman John Gile Jerry Jones Kent Meyers Michael L. Tinney Ted Bonham Chris Condren Merle Gile Michael Johnson Joi Miskel Kate Thompson L. Mark Bonner George Corbyn Eddie Goldman Robert Johnston Terrell Monks Robert Thompson Bart Boren Janet Cox Robert Goldman Stephen Jones Chad Moody Rex Travis Chris Box John W. Coyle III Thomas Goldman Michael Joseph John Morgan L. Christopher Tweedy David Box Jerry Crabb Robert Gray Joyce Kaldahl Larry Morgan Phillip Whaley Irvin Box M. Joe Crosthwait, Jr. Graham Guhl Gerald Kelley Richard Morrisette R. Brown Wallace Kristin Box-Lindsay Ryan Cunningham Taylor Hammett Redmond Kemether Mike Mullins Ron Wallace Stephen Box Clark Curry Lloyd Hardin, Jr. Fred Kempf Dan Murdock Travis Watkins Jeff Box Robert Dace Inona Harness John Kenney Bob Naifeh Charles Watts Tyler Box Bradley Davenport David Hartwell Evan King Steve Nash Charles Weddell John Branum Jack Dawson Cecil Heaton Michael Kirschner Joan Naylor Charles Wetsel Charles Braun James W. Dawson Seth Hendrick Paul Kolker Kirk Olson Nathan Whatley Kent Bridge Rick Denker John Hermes Kevin Krahl Stephen Olson William Whitehill, Jr. R.L. Buckelew Michael Denton, Jr. Scott Hester Robert Lafferrandre John Oldfield, Jr. John Wiggins Derek Burch Jodi Dishman Justin Hiersche Jeff Laird, Jr. George H. Osborne Beau Williams Michael Burrage Bradley Donnell G. Rudy Hiersche Michael Lauderdale James Pasquali Christopher Yanda Kevin Butler Timothy Dowd Daniel Hoehner Ryan Leonard Collier Pate Robert Ylla Benjamin Butts James Dunn Gary Homsey William Liebel Jack Petty Bill Zudhi Monty Cain Gerald Durbin Michael Homsey Justin Lowe Lance Phillips

Authorized and Paid for by the Re-Elect Judge Graves 2018 Campaign