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Volume 82 u No. 20 u August 6, 2011 ALSO INSIDE • Oklahoma Justice Commission • Board of Governors 2012 Vacancies Vol. 82 — No. 20 — 8/6/2011 The Oklahoma Bar Journal 1769 At the end of the day... Who’s Really Watching Your Firm’s 401(k)? And, what is it costing you? • Does your firm’s 401(k) include If you answered no to any of professional investment fiduciary these questions, contact the services? ABA Retirement Funds Program • Is your firm’s 401(k) subject to learn how to keep a close to quarterly reviews by an watch over your 401(k). independent board of directors? Phone: (800) 826-8901 • Does your firm’s 401(k) feature email: [email protected] no out-of-pocket fees? Web: www.abaretirement.com Who’s Watching Your Firm’s 401(k)? The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (800) 826-8901, by visiting the website of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. 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C11-0318-012 (3/11) 1770 The Oklahoma Bar Journal Vol. 82 — No. 20 — 8/6/2011 THEME: CHILDREN AND THE LAW Editor: Sandee Coogan contents Aug. 6, 2011 • Vol. 82 • No. 20 pg. 1846 Sovereignty Symposium Photo Highlights DEPARTMENTS 1772 From the President 1850 Law Practice Tips 1852 Ethics/Professional Responsibility 1853 OBA Board of Governors Actions 1862 Oklahoma Bar Foundation News 1865 Lawyers for Heroes 1868 Access to Justice FEATURES 1869 Young Lawyers Division 1775 Children and Divorce: A 31-Year 1871 Calendar Retrospective 1873 For Your Information By Robert G. Spector 1876 Bench and Bar Briefs 1783 Competency in Juvenile Delinquency Proceedings 1880 In Memoriam By Mary Sue Backus 1884 Editorial Calendar 1793 Child Preference: When, How and 1888 The Back Page Why it Should be Considered By Noel K. Tucker 1803 Grandparental Visitation: In a Child’s Best Interest? By Maren Minnaert Lively 1811 So You Think You Want to be a Guardian AD LITEM? By Michael D. Johnson 1817 Children and School Law By Julie Miller, Shelley Shelby, James Murray and Jessica Sherrill 1821 Guardianship of Minors By Evan Taylor pg. 1843 Oklahoma Justice 1829 Best Interest Advocacy in Deprived Commission Court: A Necessity By Jennifer M. Warren PLUS 1833 Child Advocacy: Helping Children 1843 Oklahoma Justice Commission Who Have a Parent in Prison By M. Scott Carter By Barbara Woltz 1846 Photo Highlights: 1837 Children and Family Law: Sovereignty Symposium A Practitioner’s Resource Guide 1848 Board of Governors 2012 Vacancies By Jennifer Stevenson Prilliman Vol. 82 — No. 20 — 8/6/2011 The Oklahoma Bar Journal 1771 FROM THE PRESIDENT How I Spent My Summer Vacation By Deborah Reheard The summer vacation of a bar president is a benefit of seeing friends from unique experience. Four different states and a foreign across the state and getting re- country in eight weeks, airports, rental cars, cab rides, quired CLE credit. awards banquets, hotel conference food and speeches. The purpose of the travel-filled summer? To attend neighbor- But times have changed and ing states’ and the American Bar Association’s annual some no longer believe the Annual meetings. Meeting is a must- attend event. We can In June, July and August, I now get most of our attended the Arkansas, Texas The rewards of CLE online. We can and Louisiana State Bar Associa- stay in touch with tion meetings and the ABA my travels friends across the state annual meeting in Toronto, Can- should be evident with Facebook, Twitter ada. The travel schedule was so and Skype. We are busy intense, I woke up a few times in this year’s people, and it is diffi- wondering where I was. I have a cult taking two or three new found appreciation for OBA Annual days out of our prac- those who make their living on Meeting to be tices and our lives. the road. And I think someone could make a lot of money held in Tulsa So, we surveyed law- inventing a cell phone wake-up yers, borrowed ideas alarm app that says, ”Good Nov. 2-4. from other states and morning. It is 6 a.m., and you are have taken the extra- in San Antonio at the State Bar of curricular activities up Texas Annual Meeting.” a notch or two! We will have great tracks of CLE on Wednesday The rewards of my travels should be evi- including a charm school for law- dent in this year’s OBA Annual Meeting to yers and an ethics follies musical. A be held in Tulsa Nov. 2-4. The newly remod- trial college for lawyers of all expe- eled and rebranded Hyatt Regency will be rience levels has been added this our host hotel. The Annual Meeting will be year and will run from Thursday bigger and better, and I hope will rekindle afternoon through Friday. We have attendance at the yearly gathering of our also added a tech fair to the Friday association. schedule. Come to Annual Meeting I have missed a few annual meetings in this year, and you can get ALL of my nearly 25 years of practicing law — but your CLE for the entire year at a not many. I found myself on many of the great price. flights and during airport downtime think- Thursday morning we will begin President Reheard ing of why my mentors encouraged me to with another new event — the practices in Eufaula. go, why I went and why I think you should [email protected] Bench and Bar Breakfast. Judges (918) 689-9281 go, too. The main reason for the Annual attending the annual judicial con- Meeting is to do to the association’s busi- ference just a few blocks away will ness — elect officers, and pass resolutions join us for breakfast and the joint that often eventually become legislation plenary session featuring the real and new laws. And then there is the added continued on page 1842 1772 The Oklahoma Bar Journal Vol. 82 — No. 20 — 8/6/2011 OFFIC ERS & BOARD OF GOVERNORS Deborah A. Reheard, President, Eufaula Cathy M. Christensen, President-Elect, Oklahoma City EVENTS CALENDAR Reta Strubhar, Vice President, Piedmont Allen M. Smallwood, Immediate Past President, AUGUST 2011 Tulsa Martha Rupp Carter, Tulsa Charles W. Chesnut, Miami 8 OBA Rules of Professional Conduct Subcommittee Meeting; Renée DeMoss, Tulsa 3 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Paul Middleton Gerald C. Dennis, Antlers (405) 235-7600 Glenn A. Devoll, Enid Steven Dobbs, Oklahoma City 9 OBA Law-related Education Task Force Meeting; 3 p.m.; Oklahoma O. Chris Meyers II, Lawton Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Lou Ann Moudy, Henryetta Reta Strubhar (405) 354-8890 D. Scott Pappas, Stillwater David A. Poarch Jr., Norman OBA Rules of Professional Conduct Subcommittee Meeting; Ryland L. Rivas, Chickasha 3 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Paul Middleton Susan S. Shields, Oklahoma City (405) 235-7600 Roy D. Tucker, Muskogee, Chairperson, OBA/Young Lawyers Division 10 OBA Diversity Committee Meeting; 12 p.m.; Oklahoma Bar Center, BAR CENTER STAFF Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jeff Trevillion John Morris Williams, Executive Director; (405) 778-8000 Gina L. Hendryx, General Counsel; OBA Government and Administrative Law Practice Section Donita Bourns Douglas, Director of Educational Programs; Carol A. Manning, Director of Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Communications; Craig D. Combs, Director of Bar Center, Tulsa; Contact: Bryan Neal (405) 522-0118 Administration; Travis Pickens, Ethics Counsel; Jim Calloway, Director of Management Assistance 11 OBA Appellate Practice Section Meeting; 12 p.m.; Oklahoma Program; Beverly Petry Lewis, Administrator Bar Center, Oklahoma City and OSU Tulsa; Contact: Rick Goralewicz MCLE Commission; Jane McConnell, Coordinator (405) 521-1302 Law-related Education; John Burchell, Information Services Manager; Loraine Dillinder Farabow, OBA Solo and Small Firm Committee Meeting; 3:30 p.m.; Debbie Maddox, Ted Rossier, Assistant General Oklahoma Bar Center, Oklahoma City with teleconference; Contact: Counsels; Katherine Ogden, Staff Attorney, Jim Calloway (405) 416-7051 Tommy Butler, Sharon Orth, Dorothy Walos and Krystal Willis, Investigators