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www.elpasobar.com April / May 2011 Justice Schulte Judge Berliner Willie Farah EL PASO vs. THE WORLD How an El Paso manufacturer brought the lending world to its knees By Stephanie Townsend Allala Page 7 Senior Lawyer Interview Law Day Event Judge Charles StorytellersPage 22 ByR. Clinton Schulte Cross Page 15 April/May 2011 W. Reed Leverton, P.C. Attorney at Law • Mediator • Arbitrator Alternative Dispute Resolution Services 300 EAST MAIN , SUIT E 1240 EL PASO , TE XAS 79901 (915) 533-2377 - FAX: 533-2376 on-line calendar at: www.reedleverton.com Experience: Licensed Texas Attorney; Former District Judge; Over 900 Mediations Commitment to A.D.R. Processes: Full-Time Mediator / Arbitrator Commitment to Professionalism: LL.M. in Dispute Resolution Your mediation referrals are always appreciated. A mediator without borders. HARDIE MEDIATION.CO M See our website calendar and booking system Bill Hardie Mediator/Arbitrator April/May 2011 3 THE PRESIDENT’S PAGE State Bar of Texas Award of Merit The Year of the Storyteller 1996 – 1997 – 1998 – 1999 2000 – 2001 – 2006-2010 Do not tell fish stories where the people know you, Star of Achievement 2000 - 2008 - 2010 but particularly, don’t tell them where they know the fish. State Bar of Texas Mark Twain Best Overall Newsletter – 2003, 2007, 2010 Publication Achievement Award 2003 – 2005 – 2006 – 2007 – 2008 - 2010 NABE – LexisNexis Community o whopper fish stories to tell here because you all know the fish! You & Educational Outreach Award 2007 - 2010 should know, though, that the El Paso Bar Association will be rec- Chantel Crews, President ognizing some big fish in the legal profession and in the community. Bruce Koehler, President-Elect Judge Maria Salas-Mendoza, Vice In the next few months, we willN honor our past, celebrate our present, and look forward to the future. President Randolph Grambling, Treasurer Starting with the celebrating the future, congratulations to the Mock Trial team from Americas High Laura Enriquez, Secretary School for winning the 32nd Annual Texas High School Mock Trial Competition in Dallas! These very Carlos Eduardo Cárdenas, Immediate Past President talented and smart young people, Enrique Esparza, Edwin Felix, Zach Fields (Texas Top Advocate), Joshua Monarez, Nayell Palomino, Jacob Parsont, Texas Quezada, Chris Ramos, Savannah Rappe, and Annabella 2010-2011 BOARD ME mb ERS Francisco “Paco” Dominguez Tarango, were coached and mentored by Teresa Candelaria, District Attorney Jaime Esparza, and Assistant Judge Eduardo Gamboa District Attorney Robert Almonte. The team, the first from El Paso to win at the state level, will compete Cheryl Lay Davis at the National High School Mock Trial Competition in Phoenix, Arizona on May 5-7, 2011. The El Judge Tom Spieczny Paso Bar Association will honor these students and their coaches at the May 10 monthly meeting. Please Donald Williams send them your very best in anticipation of the National competition! Teresa Beltran Chris Borunda Judge Linda Chew Skipping to celebrating the past, we are also nearing the Centennial Celebration for the Eighth Court Mark Dore of Appeals! Articles in this edition of the Bar Journal include information on the history of the Court of Myer Lipson Appeals, and the June Bar Journal will be dedicated to the Centennial Celebration of this venerable court. Denise Butterworth Kenneth Krohn Mark your calendars now for a special celebration of the court’s 100 years on Saturday, June 11. Ray Martinez Alberto Mesta Now to the present (mixed with a little past and future). On May 1, we celebrate Law Day and reflect Jennifer VandenBosch on the role the law and legal profession has played in the foundation and continuation of our country. Two EX-OFFICIOS events will help us celebrate Law Day and our profession. SBOT Director, District 17 EPYLA, MABA, EPWBA, ABOTA, FBA, EPPA, El Paso Bar Foundation On May 10, the Law Day awards will be presented at the EPBA monthly luncheon. Those who have made a difference in the legal community and legal profession and who were nominated by their peers Executive Director Nancy Gallego will receive well-deserved awards for their service to the legal profession. Please come celebrate the great Editorial Staff accomplishments of your colleagues! Clinton Cross, Editor Stephanie Townsend Allala And last, but not least, the EPBA’s Law Day celebration will take place on Saturday, May 7 at the Scottish Judge Oscar Gabaldon Rite Temple Theater. This exciting event benefitting the El Paso Bar Foundation will be the culmination Donna Snyder of The Year of the Storyteller and will truly be an experience unlike any other. Three famous and success- “The El Paso Bar Journal is a bi-monthly publication of ful singer/songwriters are set to come to El Paso to perform their very famous songs and share the stories the El Paso Bar Association. Articles, notices, suggestions behind their music. This unique performance should be a great way to celebrate Law Day and the legal and/or comments should be sent to the attention of Nancy profession, raise money for the El Paso Bar Foundation, and swap some stories while we’re there. Tickets Gallego. All submissions must be received by the Bar office on or before the 10th day of the month preceding are on sale now, but only a limited number are available. See the story on page 22 and the back cover for publication. Calendar listings, classified ads, display more information on the event. ads, and feature articles should not be considered an endorsement of any service, product, program, seminar The past, present, and future of our profession collide in the next few months – you know the fish in this or event. Please contact the Bar office for ad rates. Ar- pond….be sure to be at these great events so you can share the stories! ticles published in the Bar Journal do not necessarily reflect the opinions of the El Paso Bar Association, its Officers, or the Board of Directors. The El Paso Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office.” Chantel Crews, President April/May 2011 4 E L PASO BAR ASSOCIATION April Bar Luncheon Tuesday, April 12, 2011 El Paso Club l 201 E. Main, 18th Floor, Chase Bank - $20 per person, 12:00 Noon Guest Speaker Judge Patrick Garcia and Maggie Morales-Aina who will speak on “Mental Health Issues: Resources and Attorney Obligations” Approved for ½ hour of Participatory Ethics Please make your reservations by Monday, April 11, 2011 at noon at [email protected] or [email protected] E L PASO BAR ASSOCIATION May Bar Luncheon Tuesday, May 10, 2011 El Paso Club l 201 E. Main, 18th Floor, Chase Bank - $20 per person, 12:00 Noon Law Day Awards will be presented Please make your reservations by Monday, May 9, 2011 at noon at [email protected] or [email protected] Articles published in the Bar Journal do not necessarily reflect the opinions of the El Paso Bar Association, its Officers, or the Board of Directors. The El Paso Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office. April/May 2011 5 CALENDAR OF EVENTS PLEASE NOTE: Please check the Journal for AP RIL , 2011 MAY 2011 all the details regarding all above listed events. If your club, organization, section or committee Friday, April 1 Tuesday, May 3 would like to put a notice or an announcement EPBA Office Closed EPBA Board Meeting in the Bar Journal for your upcoming event or Cesar Chavez Day Saturday, May 7 function for the month of June, 2011, please have the information to the Bar Association office by Tuesday, April 5 The Storytellers Friday, April 22, 2011. In order to publish your EPBA BOD Meeting Presented by EPBA information we must have it in writing. WE WILL Tuesday, April 12 Tuesday, May 10 MAKE NO EXCEPTIONS. We also reserve the EPBA Monthly Luncheon EPBA Monthly Luncheon right to make any editorial changes as we deem Thursday, April 21 Law Day Awards to be presented necessary. Please note that there is no charge for EPPA Monthly Luncheon Wednesday, May 11, this service: (915) 532-7052; (915) 532-7067-fax; [email protected] - email. If we do not re- Friday, April 22 Swearing in Ceremony ceive your information by the specified date please EPBA Office Closed Thursday, May 19 note that we may try to remind you, but putting Good Friday EPPA Monthly Luncheon this journal together every month is a very big task Saturday, April 23 Monday, May 30 and we may not have the time to remind you. So Law Day Chess Tournament EPBA Office Closed please don’t miss out on the opportunity to have Sunday, April 24 Memorial Day your event announced. Easter Sunday El Paso Bar Association Law Day Fundraiser for El Paso Bar Foundation Storytellers Saturday, May 7, 2011 * Scottish Rite Temple Theater Save the Date SATURDAY, JUNE 11, 2011 CE NT E NNIAL CE L eb RATION Eighth Court of Appeals April/May 2011 6 The Chief Justice of Texas visits El Paso In honor of Black History Month BY: TODD K. HULS E Y Chief Division Counsel of the El Paso Division of the FBI. February was designated predecessors, Joe R. Greenhill, In telling part of his own story, by Congress as Black History then an assistant state attorney Chief Justice Jefferson discussed Month. In its honor, the 28th general, represented Texas in the his being the descendant of a slave chief justice of Texas, Wallace case.