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RFR1010 Ad LooksFINISHING-OK BARJcolor.indd 1 The Oklahoma Bar Journal Vol. 87 — No. 14 —3/7/16 5/21/2016 12:39 PM Theme: pg. 1044 Indian Law pg. 1046 Editor: Leslie Taylor Diversity Awards contents & OBA Awards May 21, 2016 • Vol. 87 • No. 14 De partments 1012 From the President 1062 From the Executive Director 1063 Law Practice Tips 1066 Ethics/Professional Responsibility 1068 OBA Board of Governors Actions 1070 Oklahoma Bar Foundation News 1073 Young Lawyers Division 1075 For Your Information 1077 Bench and Bar Briefs 1080 In Memoriam 1082 Editorial Calendar 1083 What’s Online 1088 The Back Page

pg. 1041 Membership Cover Photo: Painting by Dennis Belindo Anniversaries is part of the Oklahoma Judical Center Collection, made possible by the Oklahoma Art in Public Place Act. Photo by Neil Chapman.

Features Plus 1015 State Attorney General Argues Against 1037 Sovereignty Symposium Tribal and State Interests 1041 Milestone Bar Membership Anniversaries By William R. Norman and Randi D. Hardin 1044 Diversity Awards: Committee Encourages 1023 Made in Indian Country: Government Nominations Contracting Opportunities for Tribes 1046 OBA Awards: Nominate Your Deserving and Tribal Members Colleague By Jennifer N. Lamirand 1049 Legislative Report 1029 Tribal Leadership Disputes By Luke Abel By Wilda A. Wahpepah 1052 New Lawyers Admitted to the OBA 1035 Practicing in the Chickasaw National 1054 Photo Highlights: Law Day Tribal District Court By Dustin Rowe 1056 Law Day Contributors 1058 Solo & Small Firm Conference

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1011 FROM THE PRESIDENT

Explorers Attacked by Polar Bears By Garvin A. Isaacs

The decisions by the United States Supreme Court in Citizen’s to prevent global warming, such as United v. Federal Election Commission1 and McCutcheon v. Federal melting of the polar ice cap and Election Commission2 have allowed unlimited campaign contri- polluting the atmosphere. The butions by political action committees that do not have to iden- melting of the polar ice cap has put tify contributors. These two cases have changed our whole polar bears in a different environ- country and have given control of our government to big ment and raised the question of money. whether they will be added to the endangered species list. In Jane Mayer’s book, Dark Money: The Hidden History of the Billionaires Behind the Rise of Mayer goes on to the Radical Right, she summa- state that the amount of rizes the takeover of our gov- carbon monoxide in the ernment by big money from atmosphere is already the oil and gas industry. above the level that sci- Oklahoma is discussed sev- entists say risk causing eral times in the book. runaway global warming. Mayer also outlines global warming and what has On this page is a pic- happened to our planet with ture painted in the 18th citations to Dr. James Baker, century by Ildig, a former head of the National lesser-known artist, Oceanic and Atmospheric who had traveled from Administration (NOAA), the southern hemi- who said in 2005 in response sphere near Chile to the to attacks upon scientific Explorers Attacked by Polar Bears by Ildig polar ice cap around research concerning global the North Pole. Ildig’s warming, “There’s no better painting, “Explorers At- scientific consensus on this than any issue I know…” tacked by Polar Bears” was painted after Ildig had traveled to the North Many elected politicians deny global warming. In her book, Pole and encountered polar bears. Mayer outlines how there has been a war His painting captures the Arctic on science by the oil and gas industry Circle in its pristine condition attempting to attack global warming. She before fossil fuel and global warm- emphasizes how laws have been passed to ing began its destruction. exempt certain petroleum activities from the Environmental Protection Agency. Down in Oklahoma not only do Mayer also refers to the leadership of for- we have global warming but also mer Vice President Al Gore. more than 900 earthquakes. We must protect our environment. Ok- Gore stood up for people and the envi- lahoma is in danger. It is time for us ronment in which we live. He was awarded as lawyers to stand up for people the Nobel Peace Prize and featured in an and stop control of our govern- Academy Award-winning documentary ment by the oil and gas industry. film, An Inconvenient Truth, for his position President Isaacs advocating that our environment and cli- We must take action now! practices in Oklahoma City. mate suffered from a failure of our govern- 1. 558 U.S. 310 (2010). [email protected] ment to regulate the fossil fuel industry and 2. 572 U.S. ___, 134, S. Ct. 1434 (2014). 405-232-2060

1012 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2016 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, u u Board of Governors, Board of Editors or Volume 87 No. 14 May 21, 2016 staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or JOURNAL STAFF BOARD OF EDITORS implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor RENÉE DEMOSS, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can PATRICIA A. FLANAGAN be found at www.okbar.org. LEMITCHEL KING Yukon BAR Center Staff Communications Specialist AMANDA GRANT, Spiro John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Joe ERIN MEANS, Moore Balkenbush, Ethics Counsel; Jim Calloway, MACKENZIE MCDANIEL Director of Management Assistance Program; Advertising Manager SHANNON L. PRESCOTT Craig D. Combs, Director of Administration; [email protected] Okmulgee Susan Damron Krug, Director of Educational MARK RAMSEY, Claremore Programs; Beverly Petry Lewis, Administrator LAURA STONE MCLE Commission; Carol A. Manning, Director Communications Specialist LESLIE TAYLOR, Ada of Communications; Robbin Watson, Director [email protected] of Information Technology; Jane McConnell, JUDGE ALLEN J. WELCH Coordinator Law-related Education; Loraine Oklahoma City Dillinder Farabow, Tommy Humphries, Debbie Maddox, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Manni Arzola, Gary Berger, Debbie Brink, BOARD OF GOVERNORS Laura Brown, Tanner Condley, Cheryl Corey, Nickie Day, Ben Douglas, Dieadra Florence, GARVIN A. ISAACS, President, Oklahoma Johnny Marie Floyd, Matt Gayle, Marley City; PAUL D. BRUNTON, Vice President, Harris, Brandon Haynie, Suzi Hendrix, Tulsa; LINDA S. THOMAS, President-Elect, Bartlesville; Misty Hill, Darla Jackson, Debra Jenkins, DAVID A. POARCH JR., Immediate Past President, Norman; Lemitchel King, Jaime Lane, Durrel Lattimore, JOHN W. COYLE III, Oklahoma City; JAMES R. GOTWALS, Mackenzie McDaniel, Renee Montgomery, Tulsa; KALEB K. HENNIGH, Enid; JAMES R. HICKS, Tulsa; Sharon Orth, Wanda F. Reece, Tracy Sanders, Mark Schneidewent, Laura Stone, ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; JOHN Jan Thompson, Krystal Willis & W. KINSLOW, Lawton; JAMES R. MARSHALL, Shawnee; Roberta Yarbrough SONJA R. PORTER, Oklahoma City; KEVIN T. SAIN, Idabel; Oklahoma Bar Association 405-416-7000 ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Miami; BRYON Toll Free 800-522-8065 J. WILL, Oklahoma City, Chairperson, OBA Young FAX 405-416-7001 Lawyers Division Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in Law-related Education 405-416-7005 June and July by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Mgmt. Assistance Program 405-416-7008 paid at Oklahoma City, Okla. Mandatory CLE 405-416-7009 OBJ & Communications 405-416-7004 Subscriptions $60 per year except for law students registered with the Board of Bar Examiners 405-416-7075 OBA who may subscribe for $30 and senior members who may sub- Oklahoma Bar Foundation 405-416-7070 scribe for $25; all active members included in dues. Single copies: $3 Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1013 1014 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Indian Law

State Attorney General Argues Against Tribal and State Interests By William R. Norman and Randi D. Hardin

his spring the landscape of tribal court jurisdiction may change dramatically. If Attorney General Scott Pruitt and Tthe state of Oklahoma have their way, the U.S. Supreme Court will divest tribal courts of civil jurisdiction over nontribal members in the case Dollar General Corporation v. Mississippi Band of Choctaw Indians.1 This case arises out of a tort suit brought by a tribal member against Dollar General for actions occurring on tribal lands. Dollar General disputed tribal court jurisdiction, eventually appealing the matter all the way to the U.S. Supreme Court. The outcome of this case could have enormous ramifica- tions within Oklahoma, home to 38 federally recognized tribes.

Unsurprisingly many interested parties from TRIBAL CIVIL JURISDICTION: Oklahoma have submitted amicus briefs in the A BRIEF OVERVIEW case, including, as noted above, Mr. Pruitt on Native nations and their mechanisms for dis- behalf of the state of Oklahoma. The state argues pute resolution have existed for far longer than for limiting tribal sovereignty over civil tort the United States. As settlers came and colo- claims absent a party’s express consent and a nized the lands now known as the United States, “close nexus” between that consent and the con- these dispute resolution mechanisms have duct involved. However, in doing so the state evolved along with native governing structures. argues against tribal sovereign rights, tribal inter- Federal law now treats native nations as “domes- ests and its own greater interests. tic dependent nations” — semi-autonomous This article first provides a brief summary of entities which retain all aspects of their inherent tribal civil jurisdiction over nontribal members. sovereign powers except those divested by fed- Next it goes over the case and the arguments eral statute or treaty or which are incompatible advanced by the parties before analyzing Okla- with their status within the United States.2 Over homa’s arguments in favor of limiting tribal court time the U.S. Supreme Court stripped tribes of jurisdiction. Lastly it looks broadly at the implica- their ability to exercise criminal jurisdiction over tions this case could have within Oklahoma, nonmembers absent congressional authoriza- including the impact of native nations within the tion.3 However, it has declined to extend a simi- state, the current reality of tribal civil jurisdiction lar blanket prohibition against tribal civil juris- and how this case affects all Oklahomans. diction over nonmember defendants.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1015 Generally speaking, tribes lack civil jurisdic- Oklahoma has expressly recognized the tion over nonmember defendants with two authority of tribal court judgments since 1994.14 important exceptions.4 First, if a nonmember Under 12 O.S. §728, the Oklahoma Legislature enters a consensual commercial relationship affirmed the Oklahoma Supreme Court’s with a tribe or its members, “a tribe may regu- power to extend full faith and credit to all judi- late” the nonmember’s activities “through tax- cial proceedings “of any court of any federally ation, licensing, or other means”5 if there is a recognized Indian nation” so long as that tribal causal nexus between that relationship and the court similarly agreed to grant reciprocity to conduct involved.6 Second, if the nonmember’s Oklahoma state court judgments. Both sover- “conduct threatens or has some direct effect on eigns benefit from having their judgments rec- the political integrity, the economic security, or ognized in the other’s courts. the health or welfare of the tribe,” then the 7 DOLLAR GENERAL tribe retains civil jurisdiction. The exercise of CORPORATION V. MISSISSIPPI BAND OF civil jurisdiction depends in part on the loca- CHOCTAW INDIANS tion of the events giving rise to the suit — if the land is owned by the tribe or its members, In 2003 John Doe, a minor tribal member, Supreme Court precedent supports the exer- worked in a Dollar General store located on cise of tribal jurisdiction.8 This however “is tribal lands. Dollar General leased the store only one factor to consider” in determining building from the Mississippi Band of Choctaw whether a tribal court has civil jurisdiction Indians (tribe) and agreed to abide by the over a nonmember.9 tribe’s laws and be subject to its jurisdiction. During his employment, Doe was Native nations have exercised allegedly sexually assaulted by jurisdiction in what is now Okla- the store manager. He and his par- homa for nearly two centuries. By ents brought a tort suit against 1840, for example, the Cherokee Generally Dollar General for vicarious liabil- Nation had a complex court sys- speaking, tribes ity and negligence. Dollar General tem with evidentiary procedure, sought to dismiss the suit, but jury rules and a printed legal lack civil both the tribal court and the Choc- 10 code. As time went on, several taw Supreme Court held that Dol- factors lead to the divestiture of jurisdiction over lar General had a consensual com- tribal lands including allotment, nonmember mercial relationship with the tribe which resulted in a “checker- and the suit arose out of that rela- board” jurisdictional scheme defendants with tionship. By leasing the building whereby tribal lands became inter- and benefitting from Doe’s spersed with state-controlled two important employment at their store, Dollar lands. Even so, the Oklahoma exceptions. General had impliedly consented Enabling Act and the Oklahoma to tribal jurisdiction for actions Constitution guaranteed the state arising from his employment. would never extend control over tribes, reserving this power for the Dollar General appealed the federal government.11 decision to federal district court, and then to the 5th Circuit Court of Appeals. Both upheld The people inhabiting the State do agree tribal court jurisdiction over the suit due to and declare that they forever disclaim all Dollar General’s consensual commercial rela- right and title in or to ... all lands ... owned tionship with the tribe. Dollar General then or held by any Indian, tribe, or nation; and appealed to the U.S. Supreme Court, arguing that until the title to any such public land for a blanket prohibition on tribal court juris- shall have been extinguished by the United diction over nonmembers absent explicit con- States, the same shall be and remain subject sent. According to Dollar General, tribes were to the jurisdiction, disposal, and control of 12 divested of the power to hear all civil claims the United States. involving nonmembers as an incident of their Even so, tribes have a long-standing practice of status as “domestic dependent nations.” There- working with the state to resolve questions fore the only way tribes can hear such claims is arising out of this complex jurisdictional if Congress delegates this power to tribes or if scheme found within Oklahoma.13 a party consents. While Dollar General gave consent to suits arising from its lease, it argues

1016 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 this does not extend to other actions arising Additionally, upholding the 5th Circuit’s from its presence on tribal lands. decision will not interject “significant legal uncertainty” into the picture because it does The tribe’s reply concentrates on Dollar Gen- not change the scope of tribal jurisdiction — eral’s consent. Dollar General is not a “stranger[] tribes already hold jurisdiction over nonmem- to the Tribe’s laws or the Tribe’s court system,” bers when there is a consensual commercial and could reasonably foresee being sued in relationship between a tribe or a tribal member, tribal court as a result of its lease with the tribe, express consent to such jurisdiction and a which expressly provided for “exclusive venue nexus between the injury which has occurred and jurisdiction” within the tribe’s court sys- and the relief requested. Tribes retain civil tem and application of tribal tort law.15 The jurisdiction over claims against nonmembers tribe cautioned the Supreme Court against for torts arising on tribal land as an incident of overturning settled precedent upholding lim- their inherent sovereignty.19 For the Supreme ited tribal civil jurisdiction over nonmembers Court to divest tribes of this power “would be in favor of a blanket prohibition. equivalent to an act of conquest,”20 contrary to BRIEF OF THE STATES OF OKLAHOMA, the federal government’s goals of promoting WYOMING, UTAH, MICHIGAN, tribal sovereignty and self-determination. ARIZONA AND ALABAMA The state argues that tribes cannot adjudicate Attorney General Scott Pruitt, on behalf of tort claims because tribal courts are inherently unfair to nontribal members. This is a three- the state of Oklahoma and several other states, part argument: first, tribal courts are each submitted an amicus brief in support of Dollar unique systems without uniform “tribal law;” General. The brief argues that the U.S. Supreme second, tribal courts are unsophisticated and Court must step in and divest tribes of their lack common legal standards such as discern- authority to litigate civil tort claims against able legal code and law-trained practitioners; nonmembers based on the fear that states will and third, tribal courts are inherently biased become “a patchwork of jurisdictions adjudi- against nonmembers and cannot be trusted to 16 cating tort claims in a disparate manner.” It fairly adjudicate claims. advances numerous arguments in support of stripping tribal courts of authority to hear civil The state asserts that because there are claims involving nonmembers, all of which numerous native nations within the United stem from the assertion that tribes generally are States, each of which is its own distinct entity, ill-equipped to adjudicate nonmember claims. there is too much variation between tribal The arguments essentially boil down to a per- court systems for the average American to be ceived lack of fairness to nonmembers in permit- able to give valid consent. ting tribes to retain jurisdiction over civil claims [T]ribal court systems vary wildly from between tribal members and nonmembers aris- tribe to tribe ... each Native American tribe ing from conduct within Indian country. has its own customs and traditions, mean- ing that a different point of substantive law The state brief highlights Oklahoma’s check- may be applied ... There is no general code erboard jurisdictional scheme created through governing tort ... nor is there an established allotment. It warns that if the Supreme Court body of tribal case law delineating the con- does not strip tribes of jurisdiction to hear tort tours of tribal common law ...21 claims involving nonmember conduct on tribal lands, Oklahoma will become an unnavigable The brief further disparages tribal courts as jurisdictional maze.17 It reiterates the problems being unable to provide “any level of predict- with permitting a jurisdictional checkerboard ability or normalcy” within the area of tort litiga- especially affect Oklahoma — “citizens of a tion due to each tribe’s status as an individual state like Oklahoma will find themselves sud- sovereign. denly subject to a dizzying array of tribal laws Yet there exists within the United States itself in a dizzying array of tribal courts.”18 But con- 50 semi-sovereign states, each with its own trary to the brief’s assertions, declining to unique legal system and common law. It seems adopt a bright-line civil jurisdictional bar will unlikely that Oklahoma would bemoan its abil- not result in Oklahoma becoming a “patch- ity to develop its own legal system instead of work of jurisdictions,” as this is already the imposing a blanket federal court system status quo in Oklahoma. throughout the United States. The brief’s argu-

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1017 ments decrying tribes for not adopting a one- and appellate court.29 According to the state’s size-fits-all “tribal law” system, as opposed to brief, however, these federally established each sovereign tribe developing a system that courts are apparently incapable of resolving fits its own unique needs and goals, is disin- disputes involving nonmembers. genuous. Tribal systems vary widely, but so do Finally, while Oklahoma law grants full faith tribes, as do states (and even the counties and and credit to tribal court judgments, nothing municipalities therein). within that law speaks to the due process con- Many of the brief’s arguments are based on cerns espoused by the state’s brief. It is hard to the notion that tribal courts are somehow infe- comprehend why the Oklahoma Supreme rior to other court systems, adopting cryptic Court would recognize tribal court judgments and changing legal standards as they see fit, if they were issued by inherently unfair courts without any basis in law. “Tribal tort law is far incapable of protecting a party’s rights of due too opaque to provide the fair notice and clar- process. ity necessary.”22 Even nonmember attorneys The state’s brief further asserts that state and are unable to discern what legal standards federal courts are the proper forums for civil tribal courts utilize — there is “quite literally ... tort claims between tribal members and non- no way for a nonmember litigant to know in members as “State and federal courts have advance what [tribal] tort law encompasses.”23 always provided an adequate and fair forum The brief utilizes sweeping generalizations for resolution of tort claims between state citi- (while generally complaining about the diver- zens who are members of tribes and state citi- sity of tribal court systems) to emphasize most zens who are not.”30 However, again other tribal court systems lack discernable legal amicus briefs point out the inconsistency of codes, use unknown customs and traditions to the state’s position: decide cases and lack appellate procedure.24 Their unsophisticated nature compromises the The States’ arguments here, including the due process rights of nonmembers. Further, suggestion that their own courts are some- because tribal common law may stem from cus- how superior to tribal courts, conflicts with toms and traditional knowledge held by tribal what their counsel has argued elsewhere ... elders, the independence of tribal judicial sys- [I]n Oklahoma Water Resources Board v. Unit- tems is compromised.25 ed States, No. 110375 (Okla.), the Oklahoma Attorney General — counsel of record on This argument amounts to nothing more the States’ amicus brief — asserted that the than general uninformed bias against tribal trial courts of his own State are not an court systems, many of which have well-estab- adequate forum for disputes between Indi- lished, sophisticated legal systems and others ans and non-Indians ... The Attorney Gen- which utilize federally established Courts of eral argued that the state high court needed Indian Offenses (CFR courts). As pointed out to take original jurisdiction so as to ‘avoid by an amicus brief submitted by several Okla- important matters affecting the entire State homa tribes, their court systems (as well as from being decided by local judges, who many others) “closely resemble those of the are subject to local political pressures.’31 United States and the States” “headed by a Constitutionally established Supreme (or Con- It is hard to understand how state courts can stitutional) Court” and utilize law-trained provide a neutral and fair forum for some dis- judges, rules of judicial conduct and estab- putes but not for others. The brief’s arguments lished appellate procedure.26 Their legal opin- are undercut by the attorney general’s prior ions, civil procedure and statutory law are position advocating against local state court easily accessible via an Internet search or West- jurisdiction based on bias. law search.27 Finally, the state’s brief asserts that the 5th Further, the state’s brief fails to recognize Circuit’s decision upholding tribal court has that tribes lacking their own established court overturned a “longstanding framework” of system rely on federal CFR courts to adjudicate state and federal jurisdiction over civil actions civil claims where at least one party is an between tribal members and nonmembers, and Indian. CFR courts are regulated by federal interjected “significant legal uncertainty” with- procedure created by federal regulations, and in this realm. It attempts to distinguish Okla- utilize federally employed magistrates to homa’s resulting situation as disparate from resolve disputes.28 Each CFR court has a trial any other worldwide:

1018 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 It is hard to conceive of any other jurisdic- revenues and an increased strain on Oklaho- tion in the developed world where a citizen ma’s social services. State budgets for the rest of one sovereign could be potentially sub- of fiscal year 2016 have been cut drastically, ject to tort liability in the courts of nearly 40 affecting many of its most integral depart- different sovereigns, applying 40 different ments. The first revenue failure alone reduced bodies of law — but that could be the case budgets for essential services, including the in Oklahoma if the decision below is not Department of Education ($46.8 million) and reversed.32 the Oklahoma Health Care Authority ($27.4 million).34 Oklahoma’s outlook for the next sev- However, declining to divest tribes of civil eral years remains grim without a quick (and jurisdiction will not result in a unique situation unexpected) turnaround in the energy sector. unheard of in the rest of the developed world where a citizen could be subject to the jurisdic- In the meantime, native nations within tion of several different sovereigns. After all, a Oklahoma are prospering and providing day’s drive from Baltimore to Portland, Maine, much-needed tax income to the state through could subject a United States citizen to the gambling compact payments, tobacco com- jurisdiction of at least nine different sovereigns pact payments, income taxes, sales taxes and (and dozens of their municipalities), in addi- other taxes. Tribal gaming alone generates tion to the federal government — that of Mary- approximately $265 million in annual payroll land, Delaware, Pennsylvania, New Jersey, related taxes,35 and tribes paid more than $128 New York, Connecticut, Massachusetts, New million in gaming compact fees in 2015 alone.36 Hampshire and Maine. If state Since approval of the tribal gam- jurisdictions, each with diverg- ing compact by statewide refer- ing court systems, court customs endum in 2004, Oklahoma tribes and common law, can assert have contributed more than $1 jurisdiction over a United States …tribes lacking billion to the state in exclusivity citizen traveling through their fees — an average of more than bounds without issue, one must their own $100 million annually.37 Tribes wonder why tribal jurisdictions established court make indirect contributions to would be any different. the state’s budget by providing system rely on annual funding statewide for While the state’s brief declares education ($60 million), medical the Supreme Court will essen- federal CFR courts to services ($350 million), social ser- tially be creating tribal civil juris- vices ($165 million) and road and diction over nonmembers, this is adjudicate civil bridge repair ($65 million).38 The simply untrue. Tribal civil juris- claims where at state’s current budgetary short- diction over claims such as those least one party is an fall could easily double without arising in this case already exists. assistance from tribal tax reve- There is no evidence the unique Indian. nues, compact payments and nature of a tribe’s court system services. makes it inherently biased or that nonmembers will be subject Moreover tribes provide an to potentially egregious court economic boon in rural Oklaho- procedure without adequate protection. ma, generating approximately $10.8 billion in statewide economic output annually — nearly THE EFFECT OF TRIBES WITHIN THE one-tenth of Oklahoma’s economic output.39 STATE OF OKLAHOMA Tribes regularly employ over 50,000 Oklaho- While the state’s brief undermines tribal sov- mans40 and approximately 60 percent of tribal ereign rights based on notions of bias and gaming employees are non-native.41 Gaming incomprehensible legal standards, one must by far is the largest source of tribal employ- consider whether this derogation of tribal pow- ment, providing for approximately 37,400 jobs ers actually benefits the state. As 2016 begins and yielding “a total estimated impact on per- Oklahoma faces not one but two revenue fail- sonal income of over $1.9 billion annually for ures and a budgetary shortfall amounting to the State of Oklahoma as a whole.”42 Tribal $1.3 billion.33 Additionally as the energy sector gaming is the 19th largest industry employer in has declined, around 12,000 Oklahomans have the state — providing about one out of every lost their jobs, resulting in lagging income tax 55 jobs within Oklahoma.43 These employees

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1019 receive healthcare benefits and retirement ben- state relations, the state must consider how it is efits like many other private sector employ- going to work with tribal governments for the ees.44 Further, even as the state has worked to benefit of all Oklahomans. place a moratorium on local minimum wage hikes, native nations help to ensure working 1. 135 S.Ct. 2833 (No. 13-1496) (2015). 2. Jacob R. Masters, “Off the Beaten Path? The Ninth Circuit’s people earn a decent living by setting their Approach to Tribal Courts’ Civil Jurisdiction over Nonmember Defen- own minimum wages — some as high as dants,” 38 Am. Indian L. Rev. 187, 189 (2014). 45 3. Congress has acted several times to expand tribal criminal juris- $11.50 an hour. diction abrogated by Supreme Court precedent. After the U.S. Supreme Court abrogated tribal criminal jurisdiction over nonmember Indians Even as native nations help to boost Okla- in Duro v. Reina, 495 U.S. 676 (1990), Congress passed the “Duro-Fix” homa’s governmental revenues and provide re-recognizing tribal criminal jurisdiction over all Indians. Congress again expanded tribal criminal jurisdiction in the Tribal Law and services and benefits to all Oklahomans, the Order Act, increasing the sentences that can be imposed in tribal court. state argues against native interests. How is it Shortly thereafter, Congress partially overturned Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) (holding tribes lack criminal jurisdiction that tribes sophisticated enough to engage in over non-Indians) by reauthorizing the Violence Against Women Act of complex business ventures with international 2013, which provides for limited tribal criminal jurisdiction over non- Indians committing domestic violence within Indian country. Tribal companies (who regularly willingly submit to Court Clearinghouse, “Indian Civil Rights Act,” Tribal Law & Policy Inst., the jurisdiction of tribal courts) are incapable of www.tribal-institute.org/lists/icra.htm (last visited Jan. 20, 2016). fairness and justice in those tribal courts? What 4. Montana v. United States, 450 U.S. 544, 564 (1981). 5. Id. at 565. benefit does Oklahoma stand to gain by argu- 6. Atkinson Trading Co. v. Shirley, 532 U.S. 645, 656 (2001). ing against the continued development of 7. Id. at 566. 8. Masters, supra, note 2, at 193. strong tribal governments — the primary goal 9. Nevada v. Hicks, 533 U.S. 353, 360 (2001). of the Indian Gaming Regulatory Act by which 10. John Howard Payne, Indian Justice: A Cherokee Murder Trial at Tahlequah in 1840, (Grant Foreman ed., Univ. of Okla. Press, 2002). the state has received more than $1 billion in 11. Act of June 16, 1906, 34 Stat. 267. direct payments in addition to countless other 12. Okla. Const. art. I §3. economic benefits for Oklahomans? Further- 13. For example, cross-deputation agreements resolve issues surrounding law enforcement and criminal jurisdiction. See, e.g., Deputiza- more, what chaos will result in Oklahoma if tion Agreement Between Office of Law Enforcement Services and Security, our current method of adjudicating civil claims Oklahoma, and the Choctaw Nation of Oklahoma, at 2 (Jan. 23, 2006), goo. gl/LSVGqz. and recognizing both tribal and state court 14. Oklahoma State Courts Network, “Full Faith and Credit of Tribal judgments through reciprocity is overturned? Courts” (Updated July 1, 2015), goo.gl/fmkH8x. 15. Brief in Opposition at 3-4, Dollar General Corp. v. Miss. Band of Could this adversely impact the legal frame- Choctaw Indians, 135 S. Ct. 2833 (No. 13-1496) (Aug. 21, 2014). work established in tribal-state gaming com- 16. Brief Amicus Curiae of the States of Oklahoma, Wyoming, Utah, Michigan, Arizona, and Alabama in Support of Petitioners (State pacts for adjudicating tort and prize claims, Brief) at 1, Dollar General Corp. v. Miss. Band of Choctaw Indians, 135 S. thus endangering the state’s compact relation- Ct. 2833 (No. 13-1496) (Sept. 4, 2015). ship with tribes? Finally, has anyone consid- 17. Id. at 2. 18. Id. at 12, 17. ered the issue of whether due to the fact that 19. Brief for the Cherokee Nation, the Chickasaw Nation, the Choc- state courts lack jurisdiction over Indian coun- taw Nation of Oklahoma, the Muscogee (Creek) Nation, the Seminole Nation of Oklahoma and the Inter-Tribal Council of the Five Civilized try as espoused in our state constitution, cer- Tribes as Amici Curiae in Support of Respondents (Oklahoma Tribal tain individuals may be without an adequate Brief) at 3-6, Dollar General Corp. v. Miss. Band of Choctaw Indians, 135 S. Ct. 2833 (No. 13-1496) (Oct. 22, 2015). forum to seek relief if tribal courts are likewise 20. Joseph William Singer, “The Indian States of America: Parallel divested of jurisdiction to hear these claims? Universes & Overlapping Sovereignty,” 38 Am. Indian L. Rev. 1, 3-4 (2014). In reality tribal courts already exercise the 21. State Brief, supra n. 16, at 9-10. 22. Id. at 8. sort of jurisdiction complained of in the state’s 23. Id. at 3, 9. amicus brief. They do so in a fair and unbiased 24. Id. at 4-5, 9-11. 25. Id. at 10-11. manner and have those tribal court judgments 26. Oklahoma Tribal Brief, supra n. 19, at 17-20, 23-24. recognized and enforced in state court under 27. Id. at 21-24. state laws. Undermining this already-estab- 28. 25 C.F.R. §§11.116(a)(2), 11.200(b). 29. 25 C.F.R. §§11.200, 11.500 et. seq. lished system goes against both tribal and state 30. State Brief, supra n. 16, at 17. interests and interjects legal uncertainty back 31. Oklahoma Tribal Brief, supra n. 19, at 17, n.8 (citing Application to Assume Original Jurisdiction at 4, Okla. Water Res. Bd. v. United into the area of tort claims arising on tribal States, No. 12-275 (W.D. Okla. Feb. 10, 2012)). lands. Native nations have existed in this area 32. State Brief, supra n. 16, at 17. 33. Office of the State Treasurer, “Miller and Doeflinger on Budget (whether originally or after removal) for hun- Crisis,” Vol. 6:4, at 1 (April 30, 2016), www.ok.gov/treasurer/docu- dreds of years — they are not going anywhere. ments/OER_4-30-16.pdf. The state’s brief does nothing to assist in build- 34. Office of the State Treasurer, “Oklahoma Economic Report, Moody’s: Oklahoma Outlook Negative,” Vol. 5:12, at 3 (Dec. 31, 2015), ing tribal-state relations and, in fact, damages www.ok.gov/treasurer/documents/OER_12-31-15.pdf. the state’s ability to work with Oklahoma 35. Kyle D. Dean, Matthew S. Robinson, “Statewide Economic tribes. Instead of working to undermine tribal- Impacts from Oklahoma Tribal Government Gaming, 2015 Annual

1020 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Impact Report,” Oklahoma Indian Gaming Association, at 4 (Oct. 22, 2015), goo.gl/FecyW6. 36. Office of Management and Enterprise Services, “Oklahoma Gaming Compliance Unit Annual Report, Fiscal Year 2015,” at 1, ok.gov/OSF/ AMBER BROCK documents/GameCompAnnReport15.pdf (last visited Jan. 20, 2016). 37. Dean, supra, note 35, at 17. 38. Steven C. Agee, The Statewide Impacts of Oklahoma Native Ameri- JOINS KIRK & CHANEY can Tribes, Okla. City Univ. Econ. Research & Policy Inst., at 11 (Oct. 4, 2012), goo.gl/jTWL26. 39. Id. at 15. 40. Id. at 8-9. 41. Dean supra, note 35, at 12. Kirk & Chaney is 42. Id. at 21-22. pleased to 43. Id. at 13. 44. Id. at 14. announce Amber 45. M. Scott Carter, “Tribes Pushing Minimum Wage Higher,” Oklahoma Watch (Sept. 12, 2014), goo.gl/B7dF0r. Brock has joined the firm as an About The AuthorS associate. Ms. Brock received a William R. Norman Jr. of Mus- B.S. in Economics cogee (Creek) descent, joined from OSU in 2006 Hobbs Straus in 1994. He is a and a J.D. from partner in the firm. His efforts as Amber Brock lead negotiator on the Oklahoma the TU College of tribal gaming compact and the Law in 2009. She has broad experi- groundbreaking Oklahoma ence in civil litigation, including family tobacco tax compact have law, insurance defense, employment, secured a foundation for economic success and stabil- probate, bankruptcy and many other ity for Oklahoma tribes. His litigation work at the areas. tribal, state and federal level has resulted in the successful protection of tribal sovereignty and assets Kirk & Chaney is proud to enter its against numerous claims. 34th year of providing legal services to its clients. The firm’s members have Randi D. Hardin, a citizen of been recognized for excellence by the Choctaw Nation of Oklaho- numerous national organizations. The ma and of Comanche descent, firm provides a wide variety of joined Hobbs Straus in 2015 after services, with an emphasis on complex receiving her J.D. with honors litigation for independent businesses from the OU College of Law. and healthcare providers, as well as While at OU, she also earned a certificate in Native American family law matters for high-net-worth law and a Master of Arts in individuals. Native American studies. Prior to joining as an associate, she worked at the firm as a law clerk.

Amber M. Brock Jake Jones III Allen Campbell James A. Kirk James M. Chaney Jennifer F. Sherrill Thomas J. Daniel IV Matthew Standard www.kirkandchaney.com 405-235-1333

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1021 1022 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Indian Law Made in Indian Country Government Contracting Opportunities for Tribes and Tribal Members By Jennifer N. Lamirand anking, viticulture and tourism represent only a handful of the industries tribal nations across the country now occupy Bin the hope of increasing development in their communities. As the diversification of tribal businesses increases, so too do the opportunities for such businesses to compete for government contracts. Just this January the United States Department of the Interior Bureau of Indian Affairs (BIA) released a national policy memorandum calling for all involved in Indian affairs, including the BIA, the Bureau of Indian Education and the offices of the Assistant Secretary – Indian Affairs, to improve the implementa- tion of the 1970 Buy Indian Act and to maximize acquisitions from Indian enterprises.1 This act, made to put an Indian preference the labor force fulfilling contracts and the pur- policy in place, represents one of the many chase of products made by Indian businesses as incentives for businesses owned by tribes or much as practicable.2 Additionally, it serves as the tribal members to participate in the government authority for the BIA, and other bureaus and contracting arena and for government agencies offices within Indian affairs, to specifically set and larger contractors to work with them. While aside contracts for Indian-owned businesses.3 not without many limitations and some compli- Major requirements in order for a business to cated requirements, with preference policies and compete for these contracts include at least 51 incentives in place, government contracting percent Indian ownership, management of the offers yet another possible route to greater eco- contract by the Indian business, receipt of the nomic independence for tribes and their mem- majority of the earnings by the Indian owners and bers. This article highlights a few of the impor- control of the daily business operations by the tant policies and incentives available to assist Indian owners.4 In this context, “Indian” means a businesses in Indian Country hoping to enter member of any tribe, band, nation or other recog- the federal marketplace. nized group or community “that is recognized as eligible for the special programs and services THE BUY INDIAN ACT provided by the United States to Indians because The Buy Indian Act establishes a broad Indian of their status as Indians, including any Alaska preference policy for all bureaus and offices Native village or regional or village corporation operating under the Assistant Secretary – Indian under the Alaska Native Claims Settlement Act Affairs. This policy includes a preference for both ...”5 Ownership by a tribe, band, nation or com- the employment of tribal members as workers in munity also qualifies.6

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1023 THE INDIAN FINANCE ACT control of the small business involved “by one or more socially and economically disadvan- Section 1544 of the Indian Finance Act establishes an even more tangible bonus to motivate taged individuals” of good character with both citizenship and residence in the United States the inclusion of Indian businesses in the con- 13 tracting process. The Indian Finance Act allows and a demonstration of potential for success. any contractor of a federal agency that subcon- Looking at the 8(a) Program requirements in tracts with an Indian organization or an Indi- more detail shows a distinct advantage for an-owned economic enterprise to receive a businesses owned by tribal members and/or bonus equal to 5 percent of the amount of the tribes themselves. Since a presumption of social 7 subcontract awarded. The act defines an disadvantage attaches to federally recognized “Indian-owned economic enterprise” as any tribes and their members for the purposes of “Indian-owned ... commercial, industrial, or this program (13 C.F.R. §124.103(b) (2015)), business activity established or organized for small businesses need only show 51 percent the purpose of profit: Provided, [t]hat such ownership by a qualifying tribe or tribal mem- Indian ownership shall constitute not less than 8 ber in order to pass the social disadvantage 51 per centum of the enterprise.” An “Indian 14 organization” means the “gov- threshold. As far as economic disadvantage, erning body of any Indian tribe the business must demonstrate ... or entity established or recog- this element through various 15 nized by the governing body for Looking at submissions to the SBA. For a the purpose of this chapter.”9 The tribe, such submissions include definition for “Indian” for the the 8(a) Program information on the number of purposes of this act tracks the tribal members, the tribal unem- definition applied in the Buy requirements in ployment rate, per capita income Indian Act discussed earlier.10 more detail shows a of tribal members, etc.16 Impor- The Indian Finance Act applies tantly, tribes seeking qualification to all U.S. government agencies; distinct advantage for the 8(a) Program for their busi- however, the Department of nesses must demonstrate, among Defense primarily takes advan- for businesses other things, that the official doc- tage of this program and appro- owned by tribal uments of organization or incor- priates millions of dollars in poration for the business at issue funds to pay for subcontracting members and/ contain an express waiver of sov- bonuses each year.11 In addition or tribes ereign immunity to suit.17 After a to the bonus, contractors also tribe makes this showing once receive credit toward their small themselves. for an 8(a) Program business, it business and small disadvantage usually need not do so again for business contracting goals for subsequent 8(a) Program busi- working with tribal businesses. nesses. Economic disadvantage for an individ- THE SECTION 8(A) BUSINESS ual means his ability “to compete in the free DEVELOPMENT PROGRAM enterprise system has been impaired due to diminished capital and credit opportunities as For businesses in the early stages of forma- compared to others in the same or similar line tion, the Small Business Act Section 8(a) Busi- 18 ness Development Program, administered by of business...” For initial eligibility in the 8(a) the Small Business Administration (SBA), Program, the net worth of an individual claim- offers mentorship and development assistance ing disadvantage must not exceed $250,000, as well as a way to gain access to certain sole and continued participation requires a net 19 source and set-aside contracts to increase busi- worth of less than $750,000. The SBA consid- ness growth. Section 8(a) of the Small Business ers information such as personal income for Act authorizes the creation of a minority small the previous two years, personal net worth, business and capital development program fair market value of all assets excluding any (8(a) Program) to assist small, disadvantaged equity in a personal residence and the financial business concerns get off the ground in the condition of the applicant as compared to the government contracting field.12 At the most financial profiles of similar small businesses in basic level, admission to the 8(a) Program the same industry classification when deter- requires only unconditional ownership and mining economic disadvantage.20

1024 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 As for the element of control, control of the ing to the North American Industry Classifica- small business by social and economically dis- tion System (NAICS) at title 13, part 121, sec- advantaged individuals refers to control over tion 201 of the Code of Federal Regulations. both management and daily business opera- The size measurement for the SBA 8(a) Pro- tions.21 However, special requirements for con- gram occurs at the time the SBA “certifies it for trol apply to tribally owned small businesses.22 admission into the program.”30 Thereafter, 8(a) These requirements allow for management of a Program businesses must provide self-certifi- tribally owned business by the tribe through cations of size as a part of each bid for a sub- one or more disadvantaged individuals or contract verifying compliance with the size through a committee, team or board of direc- requirements according to the NAICS code tors controlled by one or more tribal mem- assigned to that contract.31 All 8(a) Program bers.23 As long as a tribe remains in control of businesses must maintain their status as small management decisions, the federal regulations businesses according to the appropriate pri- allow for management of the tribally owned mary industry standard, as adjusted from time small business by nontribal members.24 to time, in order to remain eligible.32 Whether owned by a tribe or an individual Once a business qualifies for entry into the tribal member, entry into the 8(a) Program also 8(a) Program, it receives the opportunity to depends on an ability to demonstrate potential gain mentoring assistance with the govern- for success and the “good character” of the ment contracting process, to compete for set- business owners.25 Usually, the SBA measures aside contracts for 8(a) Program businesses potential for success by looking for at least two and to gain sole source contracts for 8(a) Pro- full years of operations in the primary industry gram businesses during its program term, usu- classification for the business prior to the sub- ally nine years. In general, all contracts set mission of an application for the 8(a) Pro- aside for the 8(a) Program must enter competi- gram.26 The SBA may waive the two-year tion between eligible 8(a) Program participant requirement upon the meeting of certain con- businesses if they exceed $4 million for service ditions, such as the business management contracts or $6.5 million for manufacturing experience of the business owners, technical contracts.33 However, a lull in economic devel- experience suggesting a likelihood of success, opment in Indian Country motivated the U.S. capacity to carry out operations, etc.27 It also government to approve a fast-track option for relaxes this standard if a tribe vouches for the the awarding of single-source contracts to trib- business and agrees to support it. The “good ally owned businesses even if the contracts character” requirement basically defeats all exceed these competitive thresholds. Thus, applications by individuals lacking in integrity, tribally owned 8(a) Program businesses main- as demonstrated by criminal charges, convic- tain the ability to accept single source contracts tions or incarcerations for offenses involving in excess of the threshold marks without going 34 integrity or even civil judgements or settle- through the competitive process. In order for ments for a cause of action based on lack of the SBA to award the contract to a tribally integrity.28 owned business outside of the competition process in accordance with section 124.506(b), Lastly on the qualification front, as suggested the contract must not qualify as a contract by its management by the Small Business accepted by the SBA into the 8(a) Program as a Administration, the 8(a) Program only takes competitive procurement.35 New rules pro- small businesses. In order to qualify for admis- posed in 2015 open up a similar, sole-source sion, a business must comply with the size provision for women-owned small businesses. requirements found in the Code of Federal THE 8(A) MENTOR/PROTÉGÉ PROGRAM Regulations for small business concerns. Title 13, part 121, section 601 of the Code of Federal Another sizeable advantage arises out of the Regulations defines a small business for the 8(a) Program for both businesses starting out purposes of admission to the SBA 8(a) Program in government contracting and the larger con- as a business that does “not exceed the size tractors who work with them: the mentor/ standard corresponding to its primary indus- protégé program. The mentor/protégé pro- try classification ...” This standard applies to gram allows a business to act as a mentor to an tribally owned businesses.29 The SBA annually 8(a) Program business and to affiliate with that publishes a chart of the small business size business in a joint venture for any government standards for industry classifications accord- procurement.36 Any business can act as a men-

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1025 tor, including a business in the transitional 1. U.S. Dept of Interior, Indian Affairs, National Policy Memo (Jan. 12, 2016). stage of the 8(a) Program (the last five years of 2. 25 U.S.C. 47 (2014). its term) or a graduate of the program.37 For the 3. 25 U.S.C. 47; DIAR 1480 (2015). 4. DIAR 1480.201 (2015). purposes of 8(a) Program sole source contract- 5. DIAR 1480.201 (2015). ing for a joint venture between a mentor and 6. DIAR 1480.201 (2015). 7. 25 U.S.C. §1544 (2014). protégé, the size thresholds for small busi- 8. 25 U.S.C. §1452(e) (2014). nesses only apply to the protégé firm, not the 9. 25 U.S.C. §1452(f) (2014). mentor firm or the combination of the two.38 10. 25 U.S.C. §1452(b) (2014). 11. See Defense Appropriations Act FY 2015, Pub.L.No. 113-235, 128 The mentor/protégé program requires the Stat. 2256, §8020 (2014); 25 U.S.C. 1544. entry of a written agreement between the two 12. 13 C.F.R. §124.1 (2015). 13. 13 C.F.R. §124.101 (2015). businesses involved, approval of the arrange- 14. 13 C.F.R. §124.3 (2015). ment by the SBA and the submission of annual 15. 13 C.F.R. §124.109(b)(2) (2015). 16. 13 C.F.R. §124.109(b)(2)-(3) (2015). certifications to the SBA about eligibility, con- 17. 13 C.F.R. §124.109(c)(1) (2015). tracts received and the benefits the protégé 18. 13 C.F.R. §124.104(a) (2015). 39 19. 13 C.F.R. §124.104(c)(2) (2015). receives from the mentor relationship. New 20. 13 C.F.R. §124.104(c) (2015). rules for the mentor/protégé program intend 21. 13 C.F.R. §124.106 (2015). to change the time limitations on mentor/pro- 22. 13 C.F.R. §124.109 (2015). 23. 13 C.F.R. §124.109(c)(4) (2015). tégé relationships and to open this program to 24. 13 C.F.R. §124.109(c)(4) (2015). all small businesses, not just 8(a) Program busi- 25. 13 C.F.R. §§124.107, 124.108 (2015). 26. 13 C.F.R. §124.107 (2015). nesses. 27. 13 C.F.R. §124.107(b)(1) (2015). 28. 13 C.F.R. §124.108 (2015). CONCLUSION 29. 13 C.F.R. §121.109(c)(2) (2015). 30. 13 C.F.R. §121.602 (2015). Multiple incentives currently motivate agen- 31. 13 C.F.R. §121.603(a) (2015). cies and large government contractors to work 32. 13 C.F.R. §124.102 (2015). 33. 13 C.F.R. §124.506(a)(2) (2015). with businesses owned by tribes or tribal mem- 34. 13 C.F.R. §124.506(b) (2015). bers for their procurement needs. The discus- 35. 13 C.F.R. §124.506(b) (2015). 36. 13 C.F.R. §124.520 (2015). sion above highlights a few such incentives 37. 13 C.F.R. §124.520 (2015). and a few of their basic elements. However, 38. 13 C.F.R. §124.520(d)(1) (2015). acquisition regulations and programs, such as 39. 13 C.F.R. §520 (2015). the 8(a) Program, continue to change and evolve over time. Further, many more require- About The Author ments and regulations restrict government contractors and the way they operate. Tribes Jennifer Lamirand is an associ- and tribal members wanting to grow their ate at the Oklahoma City office businesses in the way of procurement can ben- of Crowe & Dunlevy P.C. She is efit from both legal advice on government a member of the Indian Law and contracting and mentor relationships with Gaming, Insurance and Securi- other contractors in their specific field. For ties Litigation Practice Groups. those willing to navigate through the qualifica- Ms. Lamirand received her J.D. tions and restrictions and to build relationships from the University of Notre with mentors, government contracting offers Dame Law School and an LL.M. in international yet one more way for tribal communities to business law from the London School of Economics achieve greater independence and economic and Political Science. diversification.

1026 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 INDIAN LAW SECTION The G. William Rice Memorial Scholarship

The section’s annual scholarship has been renamed to honor Indian law practitioner G. William Rice. One deserving second- or third-year law school student who intends to practice Indian law in Oklahoma will receive $2,500 to assist with bar review expenses. The recipient will be recognized at the Sovereignty Symposium in June. Application must include: 1) Cover letter describing commitment to practice Indian law in Oklahoma, 2) Resume describing Indian law-related activities, 3) Copy of transcript and 4) Academic or professional reference letter Please submit application to: Debra Gee, PO Box 1548, Ada, OK 74821 Or by email to: [email protected] Deadline extended to Monday, May 23.

Do you practice Indian law? Visit the OBA website at www.okbar.org/members/sections to join the Indian Law Section! OFFICERS • Deborah Reed, Chairperson • Chris Tytanic, Chairperson-Elect • Valery Giebel, Secretary • Wilda Wahpepah, Budget Officer • Trisha Archer, Immediate Past Chairperson

MEMBER BENEFITS • Join an active group of professionals to understand how to work with tribal governments and Native people • Receive updates on legal issues facing Indian Country • Receive CLE credits • Calendar of events What's Going on in Indian Country

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1027 1028 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Indian Law

Tribal Leadership Disputes By Wilda A. Wahpepah

idely published news reports of protracted tribal leadership disputes illustrate a basic principle of federal Indi- Wan law: a tribe’s inherent sovereignty means tribal law controls the resolution of leadership — and membership — disputes. Such disputes also, however, can be intractable and take years to resolve. In extreme cases, a tribe’s business enterprises may suffer or even close, and a tribe’s commercial partners may be subject to conflicting direction from different leadership factions. Recent leadership disputes, however, can provide legal practitioners with guidance concerning when — and to what extent — federal authorities, and in two examples, state authorities, may get involved. Practitioners can also draw several lessons from such disputes and incorporate contract terms to miti- gate disruptions to commercial relations.

INHERENT SOVEREIGNTY AND FEDERAL to suit would prohibit a suit unless the tribe INVOLVEMENT waived its immunity. Federal courts have also As a matter of federal Indian law, the United found that leadership disputes are not justicia- ble under the federal Indian Reorganization Act, States has plenary power of tribal affairs.1 While federal voting rights statutes or other civil rights this power includes the power to recognize and 6 terminate Indian tribes and to legislate with laws. The federal Courts of Indian Offenses do regard to tribal assets and property, federal not provide a forum for leadership disputes power is more limited in the sphere of determin- unless the tribe has authorized such jurisdiction.7 Federal courts, however, have considered ing leadership of tribes.2 A tribe is free to maintain or establish its own form of government, such courts “tribal courts” and have deferred to the Courts of Indian Offenses to determine its unless Congress has passed a statute dictating 8 the manner of choosing tribal officials or other own jurisdiction over a leadership dispute. aspects of a tribe’s form of government or a Thus, internal tribal processes and tribal forums, tribe’s treaties contain governmental restric- including tribal courts if available, are the primary arbiters of tribal leadership disputes. tions.3 Similarly, a tribe’s decisions on its membership are considered to be purely internal On rare occasions, the U.S. Department of the tribal matters.4 Interior (DOI) has asserted a role in leadership Federal courts have routinely declined to disputes when, in DOI’s view, it has been neces- assert jurisdiction over such disputes because sary to identify the representatives of the tribe to they are viewed as an intrusion into tribal sover- carry out a government-to-government relationship with the tribe.9 In such cases, DOI may act eignty.5 Moreover, a tribe’s sovereign immunity

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1029 to recognize leadership on an interim basis “The BIA will continue to recognize these indi- pending final resolution by the tribe.10 In gen- viduals as the Tribe’s elected leadership and eral, DOI’s practice is to recognize “the last Tribal Council until this internal dispute can be undisputed officials.”11 DOI may decline to resolved by the Tribe, pursuant to the Tribe’s identify the last undisputed leaders if recogni- own governing documents and processes.”21 tion is not needed for a specific government-to- The state of California intervened in the dis- government purpose or may defer to pending pute, filing a complaint in U.S. District Court matters in tribal court.12 Action by DOI, how- on June 18, 2014, asking for a court order to ever, may be required when failure to do so protect the public health, safety and welfare. would jeopardize the continuation of neces- The complaint named the tribe as defendant sary day-to-day services to tribal members.13 In and asserted federal question jurisdiction exceptional cases, DOI may interpret tribal law under the Indian Gaming Regulatory Act22 pro- to resolve a dispute.14 DOI’s decisions may be viding for federal court jurisdiction over “any challenged through the administrative appeals cause of action initiated by a state or Indian process and the DOI Board of Indian Appeals tribe to enjoin a class III gaming activity locat- (board). Board decisions may be reviewed in ed on Indian lands and conducted in violation federal court under the Administrative Proce- of any tribal-state compact … that is in effect.”23 dure Act15 where courts are authorized to hold The complaint also relied upon the tribe’s unlawful and set aside agency action, findings waiver of its sovereign immunity in its gaming and conclusions that are arbitrary, capricious, an compact and covenants in which the tribe abuse of discretion or otherwise not in accor- promised to conduct gaming in a manner that dance with law.16 Courts reviewing such deci- does not endanger the public health, safety or sions have measured agency action against the welfare and the state and tribe agreed to resort competing principle of tribal self-governance.17 to “judicial process” in the case of imminent EXTREME LEADERSHIP DISPUTES threat to the public health or safety.24 The state of California cited the BIA’s cease and desist Recent examples involving tribes in Califor- letter and an email from an attorney for one nia illustrate the disruption that can result faction stating that the faction intended to from leadership disputes. According to news physically repossess and close the tribe’s casi- reports and court filings, the Paskenta Band of no and feared violence.25 The state alleged that Nomlaki Indians became embroiled in a dis- the events at the tribe constituted a breach of the pute when the tribal chairwoman attempted to compact and asked the court to enter a tempo- remove certain family members from the tribe’s rary restraining order, preliminary and perma- annual meeting in April and banish them from nent injunctions prohibiting tribal members or the reservation near Corning, California.18 DOI their agents or employees from repossessing or became involved when the state Attorney Gen- taking control of the casino, deploying police eral’s Office and the county Sheriff’s Office officers or armed security to any location within reported that an armed and uniformed security 100 yards of the casino and surrounding tribal force had barricaded and surrounded the properties, possessing or displaying firearms tribe’s casino, several members were openly on tribal property, and declare that the tribe carrying AR-15 weapons and tribal members had materially breached the compact and that were gathering at the site, increasing tensions.19 the state may exercise all rights, powers and In a letter dated June 9, 2014, the Bureau of privileges with respect to the compact, includ- Indian Affairs (BIA) superintendent noted that ing termination.26 the reported conduct violated a number of federal statutes, including the federal Indian The district court issued a temporary restrain- Long-Term Leasing Act, the National Environ- ing order on June 18, 2014, finding that, pend- mental Policy Act and Indian Reservation ing a hearing for a preliminary injunction, the Road regulations requiring such roads be open tribe was engaged in an intra-tribal dispute in and available for public use.20 The letter which two factions claimed leadership and the demanded that the tribe cease and desist its right to possess and control the tribe’s casino operation, remove structures and vehicles and and the dispute “has taxed the resources of the restore the land to prior use. The letter also Tehama County Sheriff’s Office and thus poses recognized the last uncontested tribally elected a threat to the public health, safety and wel- tribal council and identified the five individu- fare.”27 The court enjoined the tribe, its officers, als making up the tribal council, stating that agents, employees and all persons acting under

1030 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 the tribe’s control, “including both factions or The state of California filed a complaint on groups currently claiming to constitute the Oct. 10, 2014, in U.S. District Court seeking a tribal government.”28 The order prohibited the temporary restraining order (TRO), prelimi- tribe from deploying armed personnel within nary and permanent injunctions prohibiting 100 yards of the casino or tribal properties sur- “any Chukchansi tribal group” from deploying rounding the casino, possessing or displaying armed security within 100 yards of the casino firearms on the tribal properties, and attempt- and other tribal property in the vicinity, from ing to disturb, modify or otherwise change the possessing, carrying and displaying firearms, “circumstances currently in effect with respect from endangering the safety of visitors, patrons 29 to operation” of the casino. The district court and employees of the Chukchansi’s casino and also said in the temporary restraining order it from operating the casino “until it is estab- would consider “further argument regarding lished … that the public health and safety of whether the court should enter a broader Casino patrons, employees and tribal members injunction preventing any class III gaming 30 can be adequately protected from the violent activity on Paskenta lands.” confrontations and threats of violent confronta- The parties then voluntarily tion among the tribal factions stipulated to entry of a prelimi- disputing leadership of the tribe nary injunction in substantially and control of the Casino.”37 The the same form as the temporary The complaint state of California’s complaint restraining order and agreed to alleged that the district court had stay further litigation until Octo- also alleged federal question jurisdiction pur- ber 2014.31 Concurrently, accord- Chukchansi had suant to the Indian Gaming Reg- ing to news reports, the tribal ulatory Act and that the tribe had factions agreed to an indepen- breached the waived its sovereign immunity dent audit, the suspension of to suit in its tribal-state gaming disenrollments and a new elec- compact when a compact.38 The complaint also tion to be held in September alleged Chukchansi had breached 32 tribal faction 2014. A new leadership slate the compact when a tribal faction was elected and in 2015 brought executed a takeover executed a takeover of the casino a suit under the federal racke- of the casino using using firearms and stun guns, teering statute against former threatening public health and leaders, two banks, insurance, firearms and safety and endangering tribal financial and other business members, casino employees and partners of the tribe alleging that stun guns… patrons and the state’s citizens certain individuals embezzled and residents, including state from the tribe and the businesses law enforcement.39 The district “assisted” in the scheme.33 Claims against the court entered a TRO and converted the TRO to banks and other business defendants were dis- a preliminary injunction on Oct. 29, 2014.40 missed because the court found that banks had no “actual knowledge” of wrongdoing to con- Despite an election in October 2015, some stitute aiding and abetting a scheme of wrong- members of Chukchansi continued to dispute doing.34 the leadership of the tribe, according to news 41 When a leadership dispute arose at the Pica- reports. The NIGC, however, announced on yune Rancheria of Chukchansi Indians of Cali- Dec. 21, 2015, that it had reached an agreement fornia (Chukchansi), the BIA acted on Feb. 11, with Chukchansi to reopen the casino. The 2014, to recognize the last uncontested tribal agreement, as outlined by the NIGC, would council elected in December 2010.35 DOI’s require Chukchansi to pay a fine of $19.8 mil- action, however, did not end the dispute. Both lion, a portion of which would be suspended the state and federal gaming regulators sought by the NIGC if Chukchansi complies with closure of the Chukchansi’s casino in 2014 until specified operating conditions intended to the dispute could be resolved. The National ensure the health and safety of casino patrons Indian Gaming Commission (NIGC) issued a and employees.42 If the NIGC finds Chukchansi closure order on Oct. 7, 2014, citing the threat out of compliance, the casino could be closed to public health and safety and the tribe’s fail- again and the suspended portion of the fine ure to submit required audit and other reports.36 imposed.43

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1031 IMPACT ON TRIBAL sions in their agreements that authorize the COMMERCIAL DEALINGS nontribal party, in the event of a dispute, to These extraordinary cases demonstrate that take interim direction from the last undisputed leadership slate of the tribe recognized by DOI leadership disputes can have lasting impacts on until an ultimate resolution of the dispute is a tribe’s commercial operations and relation- reached. Some parties have included indemni- ships with the state, federal gaming regulators fication of costs associated with defending and business partners. Leadership disputes can against a dispute-related challenge. Nontribal put such partners in the position of not knowing parties should pay special attention to forum- which slate of elected leaders can speak for the selection provisions and consider whether it is tribe, bind the tribe to contracts, deposit the necessary to negotiate terms requiring their tribe’s funds, withdraw such funds, execute consent before suits against them may proceed documents on behalf of the tribe, order equip- in tribal court in order to avoid a circumstance ment and supplies, sign checks to pay the where dual tribal court systems are established tribe’s bills or execute any of the myriad of by disputing tribal factions. day-to-day business directives a tribe may need to issue to keep its businesses operating. While leadership disputes are unusual, and Even outside the context of a tribal leadership in the exceptional case can be protracted and dispute, a tribe’s business associates must be disruptive of a tribe’s business affairs, they aware of the doctrine of apparent authority as should be viewed by commercial parties as a applied to tribes. Under this doctrine, courts risk to be ascertained, evaluated and, if neces- have found that the authority possessed by a sary, mitigated in the documentation of a deal. tribal official must be determined as a matter of tribal law.44 Consequently, many business enti- 1. United States v. Kagama, 118 U.S. 375, 383-84 (1866); United States v. Lara, 541 U.S. 193, 200 (2004). ties, particularly financial entities, that seek an 2. Cohen’s Handbook of Federal Indian Law, §4.06[1][b] (2012 ed.); enforceable agreement with a tribe already Seminole Nation v. Norton, 223 F. Supp.2d 122, 140 (D.D.C. 2002) (“[T]he DOI has the authority and responsibility to ensure that the Nation’s conduct thorough diligence into tribal law and representatives, with whom it must conduct government-to-govern- tribal authorizations as part of documenting ment relations, are the valid representatives of the Nation as a whole.”). current transactions. As part of this diligence, 3. See Cohen’s Handbook of Federal Indian Law at 282. parties request core tribal governance docu- 4. Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n.32 (1978). ments, such as a constitution or articles of 5. Sac & Fox Tribe of the Miss. in Iowa v. Bureau of Indian Affairs, 439 F.3d 832, 835 (8th Cir. 2006) (election disputes between competing incorporation, the identification of tribal offi- tribal councils are nonjusticiable intratribal matters); Boe v. Ft. Belknap cers and their term dates and tribal laws ad- Indian Cmty., 642 F.2d 276, 279 (9th Cir. 1981) (tribal election disputes do not raise federal questions). dressing the scope and authority of such tribal 6. Boe v. Ft. Belknap Indian Cmty., 642 F.2d 276, 278-79 (9th Cir. 1981) officers. (rejecting election dispute claims under Indian Reorganization Act and Indian Civil Rights Act); Cruz v. Ysleta del Sur Tribal Council, 842 F. The existence of or potential for existence of Supp. 934, 935 (W.D. Tex. 1993) (rejecting election dispute claims under Voting Rights Act); Nero v. Cherokee Nation, 892 F.2d 1457, 1463 (10th a tribal leadership dispute requires both addi- Cir. 1989) (rejecting claims brought under Civil Rights Act). tional diligence and risk analysis on the part of 7. 25 C.F.R. §11.118(b). 8. See Order at 3, Caddo Nation of Okla. et al. v. Court of Indian the nontribal party. In most cases such dili- Offenses, Case 5:14-cv-00281-D (Aug. 7, 2014). gence will reflect no concern that a leadership 9. Seminole Nation, 223 F. Supp.2d at 140. 10. George et al. v. Eastern Reg’l Dir., Bureau of Indian Affairs, 49 IBIA dispute exists or is likely to arise during the 164, 186 (May 4, 2009). course of the business parties’ relationship. If 11. Id. at 186. there is cause for concern, however, the parties 12. Cayuga Nation of New York et al. v. Eastern Reg’l Dir., Bureau of Indian Affairs, 58 IBIA 171, 178-81 (Jan. 16, 2014). may need to negotiate additional terms to 13. Goodface v. Grassrope, 708 F.2d 355, 338-39 (8th Cir. 1983). cover such a contingency and ensure that a 14. Candelaria v. Sacramento Area Dir., Bureau of Indian Affairs, 27 IBIA 137, 141 (Jan. 24, 1995); United Keetoowah Band of Cherokee Indians tribe’s critical commercial dealings may con- v. Muskogee Area Dir., Bureau of Indian Affairs, 22 IBIA 75, 80-83 (June 4, tinue. As with any contract negotiation, the 1992) (tribal law disenrolling members violated tribal constitution); Ransom v. Babbitt, 69 F. Supp.2d 141, 150-51 (D.D.C. 1999) (secretarial specific terms will vary based upon the parties, interpretations of tribal law must effect as little disruption as possible their relationship, the type of contract (on- of tribal sovereignty and self-determination). going services versus a one-time purchase of 15. 5 U.S.C. §702 16. 5 U.S.C. §706(2)(A). goods) and the tribe’s law. There are several 17. Goodface, 708 F.2d at 339. options open to the parties in such cases. For 18. Gail Courey Toensing, “Epic Paskenta Dispute Continues, Despite BIA Cease and Desist Letter,” Indian Country Today, June 13, example, the parties may wish to include, as 2014. part of diligence, written documentation of the 19. Letter from Troy Burdick, Bureau of Indian Affairs, Central California Agency, to Paskenta Tribal Council dated June 9, 2014. tribal leadership slate currently recognized by 20. Id. DOI. The parties may consider drafting provi- 21. Id. at 2.

1032 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 22. 25 U.S.C. §2710(d)(7)(A)(ii) 42. National Indian Gaming Commission, NIGC Enters into Agree- 23. Compl. at ¶2, State of California v. Paskenta Band of Nomlaki Indi- ment with Picayune Rancheria of Chukchansi Indians to Reopen Casino, ans, Case No. 2:14-cv-01449-KJM-CMK (June 17, 2014). Dec. 21, 2015. 24. Id. at ¶4, 6-7. 43. Id. 25. Id. at ¶12-14. 44. See Chance v. Coquille Indian Tribe et al., 963 P.2d 638, 640-41 (Ore. 26. Id. at ¶1-4 at 5. 1998) (applying tribal law to determine scope of authority possessed 27. Order Granting Pls.’ Mot. for TRO at 2-3, State of California v. by CEO of tribal corporation); Hydrothermal Energy Corp. v. Fort Bidwell Paskenta Band of Nomlaki Indians, Case No. 2:14-cv-01449-KJM-CMK Indian Cmty. Council, 170 Cal. App.3d 489, 496 (Cal. Ct. App. 1985) (June 18, 2014). (examining tribal articles of incorporation to determine authority of 28. Id. CEO to execute contracts without approval of corporate board of direc- 29. Id. tors); Rush Creek Solutions, Inc. v. Ute Mountain Ute Tribe, 107 P.3d 402, 30. Id. 408 (Colo. Ct. App. 2004) (examining tribal constitution, affidavits to 31. Order Granting Prelim. Inj. at 1, State of California v. Paskenta determine authority of tribe’s CFO to bind tribe in contact); World Touch Band of Nomlaki Indians, Case No. 2:14-cv-01449-KJM-CMK (July 7, Gaming, Inc. v. Massena Management, LLC, 117 F. Supp.2d 271, 275 2014). (N.D.N.Y. 2000) (examining tribal law and finding casino manager did 32. Kate Grissom and Valerie Martinez, “Paskenta Band of Nom- not have authority to bind tribe to waiver of sovereign immunity because laki Indians Reaches Agreement to Settle Leadership Dispute,” tribal law unequivocally stated only tribal council could do so). PRnewswire, July 7, 2014. 33. Order Granting in Part and Denying in Part Mot. to Dismiss the First Am. Compl. at 2-3, Paskenta Band of Nomlaki Indians et al, v. Crosby About The Author et al., Case No. 2:15-cv-00538-GEB-CMK (Aug. 14, 2015). 34. Id. 35. Letter from Amy Dutschke, regional director of Bureau of Wilda Wahpepah is special Indian Affairs Pacific Regional Office, to tribal factions, dated Feb. 11, counsel at Sheppard Mullin Rich- 2014, (filed as Exh. 1, Doc. 1 to Compl. in Bank of the Sierra v. Picayune ter & Hampton LLP, based in the Rancheria of Chukchansi Indians et al., Case No. 1:14-cv-01044-AWI-SAB, U.S. District Court for the Eastern District of California, July 2, 2014). District of Columbia and Nor- 36. Temporary Closure Order, TCO-14-01, National Indian Gaming man. Ms. Wahpepah represents Commission, Oct. 7, 2014. 37. Compl. ¶1-5 at 5, State of California v. Picayune Rancheria of Chuk- tribal governments and entities chansi Indians of California, Case No. 1:14-cv-01593-LJO-SAB (Oct. 10, doing business with tribes across 2014). 38. Id. at ¶2, 9. the country. After a career as a 39. Id. at ¶12-14. print journalist, Ms. Wahpepah graduated with honors 40. Order Granting Prelim. Inj., State of California v. Picayune Ran- cheria of Chukchansi Indians et al., Case No. 1:14-cv-01593-LJO-SAB (Oct. from the University of Notre Dame Law School. She is 29, 2014). Winnebago-Kickapoo and currently serves as the bud- 41. Marc Benjamin, “Election Oversight Committee Upholds get officer of the OBA’s Indian Law Section. Chukchansi Election,” Fresno Bee, Oct. 23, 2015.

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At Home At Work And on the Go

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1033 1034 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Indian Law Practicing in the Chickasaw Nation Tribal District Court By Dustin Rowe

n 2001 the Chickasaw Nation Tribal Legislature re-established the tribal District Court of the Chickasaw Nation (district Icourt). On Dec. 17, 2003, the Chickasaw Nation assumed primary responsibility for the operation of the Chickasaw Agency Court of Indian Offenses pursuant to a memorandum of agreement signed by Chickasaw Gov. Bill Anoatubby and the Bureau of Indian Affairs. Effective Jan. 1, 2004, the district court assumed full jurisdiction of the CFR caseload and all future-filed cases. State and CFR courts now recognize all decisions made by the district court. Prior to the re-establishment of the district into law, Title 5 “Courts and Procedures” and court in 2001, Chickasaw citizens within the ter- Title 6 “Domestic Relations and Families,” both ritorial boundaries of the Chickasaw Nation of which are codified into the Chickasaw Nation could file cases in the Chickasaw Agency Court Code (CNC) as tribal statutory law. The organi- of Indian Offenses (CFR court). CFR courts, zation of the district court enhanced the Chicka- named after the U.S. Code of Federal Regula- saw Nation Judicial Department into that of a tions (which established them), were first used fully functioning third branch of government in Indian Territory prior to statehood to allow a and brought tribal sovereignty full circle by form of law enforcement on tribal land. In many allowing the tribe to enforce its own laws. ways, after tribal reorganization, the CFR court Among the many benefits of the tribe operat- served as the tribe’s tribal court. The re-estab- ing its own district court is the ability of the tribe lishment of the district court, and the ensuing to prosecute crimes committed on tribal lands. codification of tribal statutory law, brought a The district court hears all cases concerning crimes new era of jurisdiction — and jurisprudence — committed by Native Americans on tribal prop- to the Chickasaw Nation. erty. Furthermore, Title 6 of the code authorizes a ORGANIZATION AND STRUCTURE number of family law actions including divorce, guardianship, adoption, name change and pater- The Chickasaw Nation Supreme Court con- nity actions. Most important perhaps, is that the sists of three justices elected by a vote of the district court offers a venue to hear deprived Chickasaw people, as set forth in Article XII of child actions concerning Chickasaw children the Chickasaw Nation Constitution. The district and other Native American children residing court is comprised of a district judge and special within the territorial boundaries of the tribe. judges appointed by the Supreme Court. Additionally, deprived cases are often now Appeals from the district court proceed directly transferred from state court to the district court to the Supreme Court, the court of last resort. when Chickasaw children — or other Native In organizing the district court, the Chickasaw American children — are the subjects of the state Legislature passed and Gov. Anoatubby signed action. This provides multiple benefits to the

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1035 parties in the case, including out-of-state par- advocate is a licensed attorney who meets with ties who need access to tribal services. It also self-represented litigants to prepare pleadings decreases the caseload of state courts and the and advise as to court procedure. Though the workload of the state Department of Human court advocate does not represent, nor appear Services. in court on behalf of litigants, the court advocate will draft legal pleadings and assist in fil- ADMISSION, CHOICE OF LAW AND JURISDICTION ing. The services offered by the court advocate make the district court consumer friendly to Any member of the Chickasaw Nation Bar the self-represented litigant. In fact, in nonad- Association may practice in the district court. versarial actions, the court advocate makes the The bar of the Chickasaw Nation “shall be process of going to court without retaining an open to any person who is an attorney at law attorney preferable due to the cost savings. and is admitted to practice before a court and is a member in good standing of such Bar.”1 The filing fee for civil actions in the district court is only $35. This low filing fee, coupled Today with admission to the district court, an with the services of the court advocate (the attorney can practice in two jurisdictions with services of the court advocate are also available one license: state and tribal. Not only does this to non-Indians free of charge), make the district offer an opportunity to expand a client and court advantageous to Chickasaw citizens, knowledge base without sitting for another bar Native Americans residing within the Chicka- exam, it also allows an attorney to offer his or saw Nation and non-Indians who find them- her client a choice of law and venue option, selves in a case involving a Native American which would otherwise be unavailable. Because on the other side. the laws of the Chickasaw Nation can vary from CONCLUSION those of the state, there are instances that may warrant filing in the district court rather than The Chickasaw Nation District Court was state court. (The brevity of this article does not created to meet the needs of the Chickasaw allow for an overview of statutory differences people and others residing within the tribal between tribal law and state law). territory who choose to take their issues before the district court. Working in harmony with Neither the Code of Federal Regulations nor state courts, the district court offers Chickasaw state law is binding upon the district court. citizens, Native Americans and non-Indians by Instead the district court must apply the tribal consent, a forum heretofore unavailable; one constitutional law, tribal statutory law and that attorneys should avail themselves to use. tribal common law respectively.2 As the district court is relatively young, without a well-devel- 1. CNC §5-101.5. oped progeny of case law, the tribal code also 2. CNC §5-201.6. allows the district court to apply “any laws of 3. Id. the United States or any state which would be cognizable in the courts of general jurisdiction About The Author therein.”3 Under most circumstances where a void in tribal law exists, the district court ap- Dustin P. Rowe has served as plies Oklahoma law. the Chickasaw Nation Tribal District Court district judge since The district court maintains personal juris- January 2011. Prior to that he diction over any Chickasaw citizen, regardless served as special judge for six of domicile, and Native Americans residing years. Judge Rowe is an enrolled within the Chickasaw Nation’s boundaries. member of the Chickasaw Nation Non-Indians may consent to the jurisdiction of and is a lineal descendant of the district court, which is not uncommon. original enrollee Mamie Cravatt Hughes. Judge Rowe BENEFITS OF THE COURT ADVOCATE serves as Johnston County Bar Association chairman AND THE FILING FEE and is a past chair of the Chickasaw Bar Association. Another benefit to filing an action in the dis- He owns Rowe Law Firm in Tishomingo where he trict court is the court advocate. The court maintains a general law practice.

1036 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 The Sovereignty Symposium 2016 EVERYTHING CHANGES

June 8 - 9, 2016 Skirvin Hotel u Oklahoma City, Oklahoma

Presented by The Oklahoma Supreme Court The Indian Law Section of the Oklahoma Bar Association The University of Tulsa College of Law The University of Oklahoma College of Law Oklahoma City University School of Law and The Sovereignty Symposium, Inc. 17 hours of CLE credit for lawyers will be awarded, including 3.5 hours of ethics. NOTE: Please be aware that each state has its own rules and regulations, including the definition of “CLE”; therefore, certain portions of the program may not receive credit in some states.

The Sovereignty Symposium was established to provide a forum in which ideas concerning common legal issues could be exchanged in a scholarly, non-adversarial environment. The Supreme Court espouses no view on any of the issues, and the positions taken by the participants are not endorsed by the Supreme Court.

THE SOVEREIGNTY SYMPOSIUM AGENDA

Wednesday, June 8, 2016 CHESTER COWEN, Oklahoma Historical Society, a.m. 4 CLE credits / 0 ethics included Still Photo Archivist p.m. 5.5 CLE credits / 3.5 ethics included DANIEL BRACKETT, Oklahoma Native American Art Wednesday Morning Collection; Chair, Board of Trustees, Oscar Jacobson Foundation 7:30 – 4:30 Registration (Honors Lounge) WINSTON SCAMBLER, Student of Native American Art 8:00 – 8:30 Complimentary Continental Breakfast ERIC TIPPECONNIC, (Comanche), Artist and Professor, 10:30 – 10:45 Morning Coffee / Tea Break California State University, Fullerton 12:00 – 1:15 Lunch on your own LES BERRYHILL, (Yuchi/Muscogee), Artist KENNETH JOHNSON, (Muscogee (Creek)/Seminole), 8:30 – 12:00 PANEL A: ECONOMIC DEVELOPMENT Contemporary Jewelry Designer (THIS PANEL CONTINUES FROM 2:45- 5:30) and Metalsmith CRYSTAL ROOM MODERATOR: JAMES C. COLLARD, Director of Planning 8:30 – 12:00 PANEL C: TRUTH AND RECONCILIATION: and Economic Development, Citizen Potawatomi Nation GENERATIONAL/HISTORICAL TRAUMA AND HEALING KAREN BELL, Her Britannic Majesty’s Consul-General MODERATOR: NOMA GURICH, Justice, Oklahoma CHRIS BENGE, (Cherokee), Oklahoma Secretary of State Supreme Court BOBBY CLEVELAND, Representative for District Twenty, DON WHARTON, Attorney, Native American Rights Fund Oklahoma House of Representatives KATHRYN ENGLAND-AYTES, (Cherokee descendant), Professor, DAN BOREN, President of Corporate Development, Division of California State University, Monterey Bay Commerce, Chickasaw Nation ETHLEEN IRON CLOUD-TWO DOGS, (Oglala Lakota), DAVID NIMMO, Chief Executive Officer/President, Tiyospaye Sakowin Education and Healing Center (via Webcam) Chickasaw Nation Industries ROBERT E. HAYES, JR., Methodist Bishop of Oklahoma DEREK OSBORN, Legislative Assistant to DAVID WILSON, (Choctaw), Conference Superintendent, Senator James Lankford Oklahoma Indian Missionary Conference 8:30 – 12:00 PANEL B: SIGNS, SYMBOLS AND PHOTOGRAPHS: GORDON YELLOWMAN, (Cheyenne), Peace Chief, Assistant A CULTURAL VISUAL LANGUAGE Executive Director of Education, Cheyenne and Arapaho Tribes KRIS LADUSAU, Reverend, Dharma Center of Oklahoma MODERATOR: KEITH RAPP, Judge, Oklahoma Court of Civil Appeals 1:15 – 2:30 OPENING CEREMONY AND KEYNOTE ADDRESS CO-MODERATOR: NEIL CHAPMAN, Photographer, Former GRAND BALLROOMS D-F Mt. San Antonio College Photography Department Co-Chair and MASTER OF CEREMONIES – STEVEN TAYLOR, Justice, Professor of Photography Oklahoma Supreme Court KELLY HANEY, (Seminole), Artist, former Oklahoma State Senator, PRESENTATION OF FLAGS former Chief of the Seminole Nation HONOR GUARDS: Kiowa Black Leggings STU OSTLER, Oklahoma State Capitol Photographer SINGERS: SOUTHERN NATION CAMP CALL: GORDON YELLOWMAN

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1037 INVOCATION: KRIS LADUSAU, Reverend, Dharma Center MODERATOR: CLANCY SMITH, Presiding Judge, of Oklahoma Oklahoma Court of Criminal Appeals WELCOME: MARY FALLIN, Governor of Oklahoma CO-MODERATOR: ARVO MIKKANEN, (Kiowa/Comanche), WELCOME: GARVIN ISAACS, President, Oklahoma Assistant United States Attorney and tribal liaison, Western Bar Association District of Oklahoma WELCOME: JAY WILLIAMS, United States Assistant Secretary MARK YANCEY, Acting United States Attorney for the Western of Commerce for Economic Development District of Oklahoma WELCOME AND INTRODUCTION OF KEYNOTE SPEAKERS: ED SNOW, Assistant United States Attorney for the Eastern JOHN REIF, Chief Justice, Oklahoma Supreme Court District of Oklahoma SPEAKERS: ROBERT DON GIFFORD, (Cherokee), Assistant United States SUZAN SHOWN HARJO, (Cheyenne and Hodulgee Muscogee), Attorney and Tribal Liaison, Western District of Oklahoma Morning Star Institute RANDY WESLEY, (Chickasaw), Chief, Chickasaw Nation KAREN BELL, Her Britannic Majesty’s Consul-General Lighthorse Police PRESENTATION OF AWARDS, YVONNE KAUGER, Justice, JIM COX, (Comanche), Former Executive Director, Oklahoma Oklahoma Supreme Court Association of Chiefs of Police HONOR AND MEMORIAL SONGS: SOUTHERN NATION 6:15 OKLAHOMA JUDICIAL CENTER SHOWING OF THE CLOSING PRAYER: ROBERT E. HAYES, Jr., RESTORED SILENT FILM – DAUGHTER OF THE DAWN Methodist Bishop of Oklahoma BOB BLACKBURN, Executive Director, Oklahoma 2:30 – 2:45 Tea / Cookie Break for all Panels Historical Society 2:45 – 5:30 PANEL A: ECONOMIC DEVELOPMENT 7:00 RECEPTION-OKLAHOMA JUDICIAL CENTER A CONTINUATION OF THE MORNING PANEL CRYSTAL ROOM Thursday, June 9, 2016 MODERATOR: JAMES C. COLLARD, Director of Planning and a.m. 3.5 CLE credits / 0 ethics included Economic Development, Citizen Potawatomi Nation p.m. 4 CLE credits / 0 ethics included DAVID WALTERS, President, Walters Power International, Thursday Morning former Governor of Oklahoma 7:30 – 4:30 Registration ROBERT ANDREW, United States Department Diplomat in 8:00 – 8:30 Complimentary Continental Breakfast Residence, University of Oklahoma 10:30 – 10:45 Morning Coffee / Tea Break GAVIN CLARKSON, Associate Professor, College of Business, New Mexico State University 12:00 – 1:30 Lunch on your own MICHAEL DAVIS, President, Oklahoma Finance Authority 8:30 – 11:00 JOINT PANELS A AND B BRYAN MITCHELL, (Chickasaw) MODERATOR: WILLIAM HETHERINGTON, JR., Judge, LAUREN KING, (Muscogee (Creek), Foster Pepper PLLC, Oklahoma Court of Civil Appeals, Former District Judge, Appellate Judge – Northwest Intertribal Court System Cleveland County, Oklahoma MICHAEL OGAN, Director of Business Development, CO - MODERATOR: SUE TATE, Court Improvement Project Greater Oklahoma City Chamber Coordinator, Oklahoma Administrative Office of the Courts MICHAEL S. NEAL, President and CEO, Tulsa Regional Chamber JUVENILE LAW AND CHILDREN’S ISSUES: CONCERNS OF 2:45 – 5:30 PANEL B: ETHICS THE JUDICIARY JOHN REIF, Chief Justice, Oklahoma Supreme Court In order to engage in a meaningful discussion of issues relating to children, the traditional Symposium panels dealing with 2:45 – 5:30 PANEL C: EDUCATION Juvenile Law and the Concerns of the Judiciary will be a joint MODERATOR: DEBORAH BARNES, Judge, Oklahoma Court panel for this time period. The panel will deal with the of Civil Appeals ICWA and P.L., 113-183, preventing the sex trafficking of CO-MODERATOR: QUINTON ROMAN NOSE, (Cheyenne), foster children. Executive Director, Tribal Education Departments JOHN ROMERO, JR., District Judge Children’s Court Division, National Assembly Albuquerque, New Mexico JOY HOFMEISTER, State Superintendent of Public Instruction WHITNEY ANDERSON, (Chickasaw), Beautiful Dreams Society WILLIAM MENDOZA, United States Department of Education BLAINE PHILLIPS, Oklahoma State Bureau of Narcotics MATT CAMPBELL, Native America Rights Fund ROBERT DON GIFFORD, (Cherokee), United States Attorney PHILIP GOVER, Managing Director, Sovereign Schools Project, and Tribal Liaison for the U.S. Attorney’s Office for the Western TEDNA District of Oklahoma ALEX RED CORN, Special Coordinator for Indigenous 10:45 – 12:00 C. STEVEN HAGER, Director of Litigation, Partnerships, College of Education, Kansas State University Oklahoma Indian Legal Services DWIGHT PICKERING, Director, American Indian Education 11:00 – 12:00 STATE-TRIBAL-FEDERAL JUDGES MEETING for Oklahoma ROBERT COOK, Director, Native American Alliance, 8:30 – 12:00 PANEL C: DEFENSE Teach for America MODERATOR: JERRY GOODMAN, Judge, Oklahoma Court of JOHN HARGRAVE, President, East Central University Civil Appeals DAN LITTLE, Little Law Firm CO - MODERATOR: CHRISTOPHER C. STRAUB, Vice President, FRANK WANG, President, Oklahoma School of Science AMAR U.S and Mathematics JEFF KEEL, (Chickasaw), CNI Advantage, LLC 2:45 – 5:30 PANEL C: CRIMINAL LAW STEVEN BILBY, Cherokee Nation STEVEN BENEFIELD, CEO, Choctaw Defense Manufacturing Representative, Contracting, Tinker Air Force Base

1038 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 WILLIAM P. BOWDEN, Major General (Retired), United States 1:30 – 5:00 PANEL B: JUVENILE LAW Air Force MODERATOR: BRIAN GOREE, Judge, Oklahoma Court of LINDY RITZ, The Ritz Group, Retired Director, Mike Monroney Civil Appeals Aeronautical Center CO – MODERATORS: JACQUE HENSLEY, (Kaw), Indian Affairs CHAD KNAPP, Special Agent, Federal Bureau of Investigation Liaison, Oklahoma Department of Human Services and Brian D.G. SMALLING, (Choctaw), Artist Hendryx, Deputy Assistant for Native American Affairs at OK DAVID CID, former agent, Federal Bureau of Investigation, Secretary of State Former Deputy Director, Memorial Institute for the Prevention SETH MCINTOSH, Muscogee (Creek) Nation Tribal Juvenile of Terrorism Justice Officer DAVID N. EDGAR, Senior Fellow, University of Oklahoma Center C. STEVEN HAGER, Director of Litigation, Oklahoma Indian for Intelligence and National Security Legal Services 8:30 – 12:00 PANEL D: SACRED SPACES ELIZABETH BROWN, Associate District Judge, Adair County MODERATOR: NOMA GURICH, Justice, Oklahoma MARK MOORE, Associate District Judge, Blaine County Supreme Court BEN LORING, Representative for District 7, Oklahoma House CO-MODERATOR: C. BLUE CLARK, (Muskogee (Creek)), of Representatives Professor and David Pendleton Chair of American Indian Law, DEBORA GEE, (Navajo), Deputy Attorney General, History, and Religion, Oklahoma City University School of Law Chickasaw Nation GEORGE THOMPSON, Chief of the Hickory Ground of KENDAL MURPHY, Chief of Police, Wyandotte Nation Oklahoma, Vice-Chief Justice, Supreme Court of the 1:30 – 5:00 PANEL C: NEW VOICES IN NATIVE AMERICAN Muscogee Nation LITERATURE JAMES FLOYD, Principal Chief of the Muscogee Nation MODERATOR: JAMES EDMONDSON, Justice, Oklahoma JEFFERSON KEEL, Lieutenant Governor of the Supreme Court Chickasaw Nation CO-MODERATOR: GAYLEEN RABAKUKK, Author, Art of the Thursday Afternoon Oklahoma Judicial Center 12:00 – 1:30 WORKING LUNCH FOR FEDERAL, STATE AND WILEY BARNES, Editor, Chickasaw Press TRIBAL JUDICIARY AND SOVEREIGNTY SYMPOSIUM FACULTY JEANNE DEVLIN, Publisher, Roadrunner Press TIM TINGLE, (Choctaw), Author 3:30 – 3:45 Tea / Cookie Break for all Panels SANDY THARP-THEE, (Cherokee), Author and Library Director 1:30 – 5:00 PANEL A: THE CONCERNS OF THE JUDICIARY — of Iowa Tribe A FOCUS ON MUTUAL CONCERNS OF THE TRIBAL — JOSHUA HINSON, (Chickasaw), Director of Chickasaw STATE AND FEDERAL BENCH Language Program The panel will consider how to accord full faith and credit to 1:30 – 5:00 PANEL D: GAMING judicial decisions. CO-MODERATORS: MODERATOR: THOMAS S. WALKER, (Wyandotte/Cherokee), MATTHEW MORGAN, Chickasaw Nation Appellate Magistrate for the CFR Court, District Judge (retired), NANCY GREEN, ESQ., Green Law Firm, P.C., Ada, Oklahoma Brigadier General, (retired) Opening Remarks: WILLIAM HETHERINGTON, JR., Judge, Oklahoma Court JONODEV CHAUDHURI, (Muscogee (Creek)), Chairman, of Civil Appeals, Former District Judge, National Indian Gaming Commission Cleveland County, Oklahoma ERNIE L. STEVENS, JR., (Oneida), Chairman, National Indian CASEY ROSS PETHERICK, Professor, Oklahoma City University Gaming Association School of Law MICHAEL HOENIG, NIGC, Office of General Counsel TRICIA A. TINGLE, (Choctaw), Associate Director – KYLE DEAN, Director, Center for Native American and Tribal Justice Support, Office of Justice Services, Bureau of Urban Studies, Oklahoma City University, Meinders School Indian Affairs of Business DIANNE BARKER HARROLD, (Cherokee), Tribal Judge SHEILA MORAGO, Oklahoma Indian Gaming Association GREGORY BIGLER, (Euchee, enrolled Muscogee (Creek)), G. DEAN LUTHEY, JR., Gable Gotwals District Judge, Muskogee (Creek) Nation Tribal Court MICHAEL D. MCBRIDE, III, Crowe & Dunlevy LAUREN KING, (Muscogee (Creek)), Attorney – Foster Pepper ELIZABETH HOMER, (Osage), Homer Law Chartered PLLC, Appellate Judge – Northwest Intertribal Court System WILLIAM NORMAN, Hobbs, Strauss, Dean & Walker PATRICK B. MCGUIGAN, Editor, CapitolBeatOK, RICHARD GRELLNER, RJG Law, PLLC Senior Editor, The City Sentinel

NOTICE Oklahoma State, Tribal and Federal Judges, will meet at the Sovereignty Symposium on June 9, 2016, at 11:00 a.m. The meeting will be held at the Skirvin Hotel, 1 Park Ave, Oklahoma City, Oklahoma.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1039 Everything Changes THE SOVEREIGNTY SYMPOSIUM XXIX June 8-9, 2016 Oklahoma City, Oklahoma

Registration Form

Name:______Occupation:______

Address:______

City______State______Zip Code______

Billing Address if different from above:

City______State______Zip Code______

Nametag should read:______Other:______

Email Address and/or website:______

Telephone: Office:______Cell:______Fax:______

Tribal Affiliation (if applicable)______

If Bar Association Member: Bar#______State______

17 hours of CLE credit for lawyers will be awarded, including 3.5 hours of ethics.

# of Persons Registration Fee Amount Enclosed

$275.00 June 8 & 9 ($300 if postmarked after May 23, 2016)

$175.00 June 9, 2016 Only ($200 if postmarked after May 23, 2016)

Total Amount

We ask that you register online at www.thesovereigntysymposium.com. This site also provides hotel registration information and a detailed agenda. For hotel registration please contact the Skirvin-Hilton Hotel at 1-405-272-3040. If you wish to register by paper, please mail this form to: THE SOVEREIGNTY SYMPOSIUM, INC. The Oklahoma Judicial Center Suite 1 2100 North Lincoln Boulevard Oklahoma City, Oklahoma 73105-4914 www.thesovereigntysymposium.com Presented by The Oklahoma Supreme Court The Oklahoma Bar Association The University of Oklahoma College of Law Indian Law Section Oklahoma City University School of Law The University of Tulsa College of Law The Sovereignty Symposium, Inc.

1040 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 BAR NEWS Milestone Bar Membership Anniversaries The Oklahoma Bar Association congratulates its members who celebrate milestone membership anniversaries in 2016.

POTTAWATOMIE COUNTY News Headlines 60 Years Ago: Robert Howard Jones Shawnee • The DNA molecule was first photographed • The Wizard of Oz had its first airing on TV TULSA COUNTY • Martin Luther King Jr.’s home was bombed John Leslie Arrington Jr. CANADIAN COUNTY Tulsa • Heavyweight champ, Rocky Marciano, retired undefeated from boxing Roger Dean Rinehart Hubert Hale Bryant El Reno Tulsa • The Nat King Cole Show debuted on NBC, the first variety program to be hosted by CLEVELAND COUNTY Edward John Eagleton an African-American Turner Odies Primrose Tulsa • Nelson Mandela and 156 others arrested Norman William Arthur Goff for political activities in South Africa CREEK COUNTY Tulsa Jesse Dan Swift Robert Bowman Manke Mannford Tulsa Charles Jefferson Powell OKLAHOMA COUNTY John H. Santee Houston, TX Patricia L. Carroll Tulsa Mortimer Donald Schwartz Oklahoma City Mickey Dan Wilson Davis, CA James M. Little Tulsa William Carroll Shirey Oklahoma City WASHINGTON COUNTY Estes Park, CO Robert B. Milsten Thomas Wilson Brown Donald Dempsey Winn Oklahoma City Bartlesville Rancho Santa Fe, CA Lewis Groves Mosburg Jr. OUT OF STATE Oklahoma City Charles M. Blackard Kenneth A. Nash Brevard, NC Oklahoma City Jack Dabner William George Paul Pasadena, CA Oklahoma City Lawrence Eugene Hoecker William Dale Reneau Payson, AZ Oklahoma City Gerald Kenneth Hornung II Lee Roy West Shelburne, VT ATOKA COUNTY Oklahoma City Ruben Lee Jenkins Reid K. Mayfield Atoka OSAGE COUNTY Wellington, FL H.T. Hendren William James Joyce BECKHAM COUNTY Sand Springs San Antonio, TX Gary Phillip McGinn Elk City PITTSBURG COUNTY Pete Marianos John A. Allford Houston, TX McAlester

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1041 CADDO COUNTY MCCLAIN COUNTY Mark Harold Price John William Garland Charles B. Grethen Oklahoma City Anadarko Purcell Gary C. Rawlinson CHEROKEE COUNTY L. Dee Oliphant Oklahoma City Elton L Johnson Jr. Purcell Robert Allen Ridle Tahlequah MUSKOGEE COUNTY Bethany CLEVELAND COUNTY Edwin L. Gage Jimmie J. Schnorr Edward E. Campbell Muskogee Bethany Norman James Hardy Payne Daniel W Seitsinger Gary M. Jarmon Muskogee Oklahoma City Norman Wm. John Earle Settle William H. Sullivan Muskogee Stanley Monroe Ward Oklahoma City Norman OKLAHOMA COUNTY Arthur L. Thorp Gayle Welcher Edwin D. Abel Oklahoma City Norman Oklahoma City Donald J. Timberlake J. Steve Anderson III COMANCHE COUNTY Oklahoma City Jerry Clay Cude Oklahoma City Lawton Joe Mack Anthis William O. West Edmond Ernest F. Godlove Oklahoma City Lawton Duchess Bartmess E. Vance Winningham Jr. Charles W. Stratton Jr. Oklahoma City Oklahoma City Lawton John Morton Coffey Duane A. Woodliff Edmond COTTON COUNTY Oklahoma City Hegel Branch Jr. John T. Elliott Edward R. Zschiesche Walters Oklahoma City Oklahoma City CRAIG COUNTY James T. Farha PAWNEE COUNTY O.B. Johnston III Oklahoma City William Joseph Perry Vinita Jerry R. Fent Pawnee CUSTER COUNTY Oklahoma City PAYNE COUNTY C. B. Graft Paul F. Fernald J. Stewart Arthurs Clinton Oklahoma City Cushing GARFIELD COUNTY Robt Hamilton Gilliland Jr. Charles Edwards Drake Timothy Jeremiah Crowley Oklahoma City Stillwater Enid Robert Lake Grove Joe Wiley Fowler Ronald Gene Franklin Oklahoma City Stillwater Enid Jeff L. Hartmann PITTSBURG COUNTY Stephen Jones Oklahoma City Richard Pool Cornish Enid Lester Anthony Klaus McAlester John L. Proctor Oklahoma City Gary L. McKnight Enid Joseph Willard Maxey Jr. McAlester KAY COUNTY Edmond Don R. Roberts Dave A. Jacobs Stanley Ell Niece McAlester Ponca City Oklahoma City POTTAWATOMIE COUNTY Daniel C. McClung Donald R. Philbin Terry W. West Blackwell Oklahoma City Shawnee MAYES COUNTY L. David Pomeroy SEMINOLE COUNTY Gary Johnston Dean Oklahoma City William Donald Huser Pryor Wewoka

1042 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 SEQUOYAH COUNTY J. Thomas Mason Steve Daniel George Tulsa News Headlines 50 Years Ago: Sallisaw Sheppard F. Miers Jr. • Soviet Union’s Luna 10 became first STEPHENS COUNTY Tulsa spacecraft to orbit the moon James L. Kee Reece B. Morrel • U.S. Supreme Court Miranda decision was Duncan Tulsa made; suspect must be informed of rights • Sheila Scott completed first round-the- TEXAS COUNTY Robert Ralph Scroggins world solo flight by a woman Bryan Lee Wright Sr. Tulsa • Medicare went into effect Guymon Samuel Clifford Stone • The Chevrolet Camaro, originally named TULSA COUNTY Tulsa Panther, was introduced William Carl Anderson John Hampton Tucker • Dr. Seuss’ How the Grinch Stole Christmas Tulsa Tulsa aired for the first time on CBS Gerald Hugh Barnes William Womack VanDall Tulsa Tulsa Robert Byers Case Samuel I. Hellman Henry German Will Water Mill, NY Tulsa Tulsa Gordon Boyd Cecil Robert Herzog Warren F. Young Boynton Beach, FL Tulsa Tulsa Harold H. Cooper Jr. Noel Blake Le Crone WASHINGTON COUNTY Waco, TX Tulsa Jerald M. Maddux Ed R. Crockett Bartlesville Lewis J. Ottaviani Tulsa Venice, FL WOODS COUNTY William Soland Doenges James Malcolm Parker William A. Hadwiger Albuquerque, NM Tulsa Alva Frederic Griffin Dorwart Bobby E. Potts WOODWARD COUNTY Horseshoe Bay, TX Tulsa Donald R. Liles Frederick L. Dunn III Woodward Ben Gene Price Tulsa Huffman, TX OUT OF STATE Kenneth Charles Ellison David Lee Reynolds L. Jack Barton New Haven, CT Tulsa Neosho, MO John A. Gaberino Jr. Arthur Donald Rhoads John C. Brannan Jr. Walnut Creek, CA Tulsa Dallas, TX Ray F. Hamilton III Archie Lew Robbins James Richard Clark Keller, TX Tulsa Glen Allen, VA Donald Erwin Herrold Ralph Joseph Salerno Joe Bruce Cox Bloomfield, NJ Tulsa Naples, FL P. Jay Hodges Richard B. Standefer Floy E. Dawson Midland, TX Tulsa San Francisco, CA W. Douglas Jones Leigh Herbert Taylor Gary W. Dugger West Vancouver BC Tulsa Houston, TX J.C. Joyce Warren Paul Taylor M. John C. Fredenberger Newhall, CA Tulsa Paris, France Samuel Joyner III William R. Wines Michael Livingston Green Horseshoe Bay, TX Tulsa Palm Springs, CA Anthony Martin Keating James B. Zongker Alan Hanson Wichita, KS Tulsa Pratt, KS John J. Livingston David Mark Harbour Tulsa Paradise Valley, AZ

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1043 BAR NEWS

Diversity Awards: Committee Encourages Nominations Deadline July 15

The inclusion of people of differing races or cultures in a group or organization perfectly describes diversity and. One of the primary goals of the Oklahoma Bar Association’s Diver- sity Committee is to honor those in the legal profession and community who continuously work toward acceptance, tolerance and respect in our profession. The Diversity Committee is now accepting nominations for the Ada Lois Sipuel Fisher Diversity Awards to be given on Oct. 21. The awards categories include: members of the judiciary, licensed attorneys, and groups and entities that have championed the cause of diversity. All nominations must be received by July 15, 2016. NOMINATIONS AND SUBMISSIONS • Include name, address and contact number of the nominee. • Describe the nominee’s contributions and Ada Lois Sipuel Fisher by Mitsuno Reedy from the Oklahoma accomplishments in the area of diversity. State Capitol Art Collection, used with permission, courtesy of the Oklahoma Arts Council. • Identify the diversity award category (business/group/organization, licensed • Developed and implemented an effective attorney or judiciary) in which the nomi- equal opportunity program as demon- nee is being nominated. strated by the organization’s commitment to the recruitment, retention and The submission deadline is July 15. promotion of in-dividuals of underrepre- Submissions should not exceed five pages in sented populations regardless of race, length. ethnic origin, gender, religion, age, sexual orientation, disability or any other prohib- Submit nominations to diversityawards@ ited basis of discrimination okbar.org. • Pr omoted diversity initiatives that estab- SELECTION CRITERIA AND lish and foster a more inclusive and equi- NOMINATION PROCESS table work environment One or more diversity awards will be given • Demonstrated continued corporate re- to a business, group or organization that has an sponsibility by devoting resources for the office in the state of Oklahoma and has met one improvement of the community at large or more of the following criteria:

1044 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 • Exhibited insightful leadership to con- • Fostered positive communication and front and resolve inequities through stra- actively promoted inter-group relations tegic decision-making, allocation of among populations of different back- resources and establishment of priorities grounds Two more diversity awards will be given to • Participated in a variety of corporate and licensed attorneys and an additional award community events that promoted mutual will be given to a member of the Oklahoma respect, acceptance, cooperation or toler- judiciary who has met one or more of the fol- ance and contributed to diversity aware- lowing criteria: ness in the community and workplace • Demonstrated dedication to raising issues • Reached out to a diverse array of attorneys of diversity and protecting civil and to understand firsthand the experiences of human rights someone from a different background • Led the development of innovative or ADDITIONAL INFORMATION contemporary measures to fight discrimi- For more information regarding the selection nation and the effects criteria and nomination process, visit www. okbar.org or contact OBA Diversity Committee Chair Tiece Dempsey at 405-609-5406.

SAVE THE DATE

To get your free listing on the OBA’s lawyer listing service! Just go to www.okbar.org and log into your myokbar account. Then click on the “Find a Lawyer” Link.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1045 O BA AWARDS Nominate Your Deserving Colleague for an OBA Award

Job satisfaction, for many in the legal profession, Hicks Epton Law Day Award - for individuals or comes from knowing they’ve worked toward an organizations for noteworthy Law Day activities outcome that benefits people or a cause. But that 2015 Winners: Cr eek County Bar Association feeling is amplified when they’ve been recognized Payne County Bar Association by their professional organization and their peers. Golden Gavel Award - for OBA Committees Once a year, during the Annual Meeting, the and Sections performing with a high degree OBA Awards are given in recognition of deserving of excellence lawyers and organizations with a nomination from their fellow attorneys. It only takes a moment to Not awarded in 2015 nominate someone, and it could mean the world to a bar colleague or organization that is making Liberty Bell Award - for nonlawyers or lay Oklahoma a better place. organizations for promoting or publicizing matters regarding the legal system “The 2015 OBA Award that I received was a really big deal...to my family, my partners and my Not awarded in 2015 clients,” said Mike Turpen. “I am very proud to be Outstanding Young Lawyer Award - for a an attorney and to be honored by my peers is member of the OBA Young Lawyers Division about as good as it gets. I am very grateful to the for service to the profession Oklahoma Bar Association for recognizing my civic and professional achievements.” 2015 Winner: Kaleb Hennigh, Enid Take a look at the award categories. The Earl Sneed Award - for outstanding continuing Awards Committee has made the nomination legal education contributions process as streamlined as possible. Awards 2015 Winners: W illiam S. Leach, Tulsa will be presented at the OBA Annual Meeting Gail Stricklin, Oklahoma City Nov. 2-4 in Oklahoma City. Award of Judicial Excellence- for excellence of character, job performance or achievement while a AWARDS UP FOR GRABS judge and service to the bench, bar and community Outstanding County Bar Association Award - 2015 Winner: Judge David L. Russell, Oklahoma City for meritorious efforts and activities 2015 Winner: Tulsa County Bar Association

Helpful Award Info Online Go to www.okbar.org/news/Recent/2016/OBAAwards.aspx to find: • Nomination form (You don’t need one, but if you want one – you’ve got it!) • Award winner history (Helpful so you don’t nominate someone for an award they’ve already received) • Bios on the people honored to have awards named for them • Tips for writing stronger nominations (You want your nominee to win, right?)

1046 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Fern Holland Courageous Lawyer Award - to an OBA member who has courageously performed in a manner befitting the highest ideals of our HOW TO NOMINATE profession Not awarded in 2015 Anyone can submit an Outstanding Service to the Public Award - for significant community service by an OBA award nomination, and member or bar-related entity 1 anyone nominated can win. 2015 Winners: David Bernstein, Norman Noble McIntyre, Oklahoma City Hugh Robert, Tulsa The deadline is Friday, Michael C. Turpen, Oklahoma City Aug. 12, but get your Award for Outstanding Pro Bono Service - by 2 nomination in EARLY! an OBA member or bar-related entity 2015 Winner: Bruce Peabody, Bartlesville Joe Stamper Distinguished Service Award - Nominations don’t have to be to an OBA member for long-term service to long; they can be as short as a the bar association or contributions to the legal profession 3 one-page letter. 2015 Winner: Stephen D. Beam, Weatherford Neil E. Bogan Professionalism Award- to an The entire nomination cannot OBA member practicing 10 years or more who for conduct, honesty, integrity and courtesy exceed five single-sided, best represents the highest standards of the legal 8 1/2” x 11” pages profession (including exhibits). 2015 Winner: Renée DeMoss, Tulsa 4 John E. Shipp Award for Ethics - to an OBA Make sure the name of the person member who has truly exemplified the ethics of being nominated and the person the legal profession either by 1) acting in accor- (or organization) making the dance with the highest ethical standards in the 5 nomination is on the nomination. face of pressure to do otherwise or 2) by serving as a role model for ethics to the other members of the profession 2015 Winner: William J. Baker, Stillwater If you think someone qualifies for awards in several categories, pick one Alma Wilson Award - for an OBA member who award and only do one nomination. has made a significant contribution to improving The OBA Awards Committee may the lives of Oklahoma children consider the nominee for an award in 2015 Winner: Christine Deason, Edmond a category other than one in which 6 you nominate that person. Trailblazer Award - to an OBA member or members who by their significant, unique visionary efforts have had a profound impact upon our profession and /or community and in doing so have You can mail, fax or email your blazed a trail for others to follow. nomination (pick one). Emails should be sent to awards@okbar. Not awarded in 2015 org. Fax: 405-416-7089. Mail: OBA Awards Committee, P.O. Box 7 53036, Oklahoma City, OK 73152.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1047 INDIVIDUALS FOR WHOM AWARDS ARE NAMED

NEIL E. BOGAN — Neil Bogan, an attorney when his life was tragically taken that year in a from Tulsa, died unexpectedly on May 5, 1990, plane crash. Mr. Shipp was known for his integ- while serving his term as president of the Okla- rity, professionalism and high ethical standards. homa Bar Association. Mr. Bogan was known for He had served two terms on the OBA Profes- his professional, courteous treatment of every- sional Responsibility Commission, serving as one he came into contact with and was also con- chairman for one year, and served two years on sidered to uphold high standards of honesty and the Professional Responsibility Tribunal, serving integrity in the legal profession. The OBA’s Pro- as chief-master. The OBA’s Award for Ethics fessionalism Award is named for him as a per- bears his name. manent reminder of the example he set. EARL SNEED — Earl Sneed served the Uni- HICKS EPTON — While working as a coun- versity of Oklahoma College of Law as a distin- try lawyer in Wewoka, attorney Hicks Epton guished teacher and dean. Mr. Sneed came to decided that lawyers should go out and educate OU as a faculty member in 1945 and was praised the public about the law in general, and the for his enthusiastic teaching ability. When Mr. rights and liberties provided under the law to Sneed was appointed in 1950 to lead the law American citizens. Through the efforts of Mr. school as dean, he was just 37 years old and one Epton, who served as OBA president in 1953, of the youngest deans in the nation. After his and other bar members, the roots of Law Day retirement from academia in 1965, he played a were established. In 1961, the first of May major role in fundraising efforts for the law became an annual special day of celebration center. The OBA’s Continuing Legal Education nationwide designated by a joint resolution of Award is named in his honor. Congress. The OBA’s Law Day Award recognizing outstanding Law Day activities is named JOE STAMPER — Joe Stamper of Antlers in his honor. retired in 2003 after 68 years of practicing law. He FERN HOLLAND — Fern Holland’s life was is credited with being a personal motivating force cut tragically short after just 33 years, but this behind the creation of OUJI and the Oklahoma young Tulsa attorney made an impact that will Civil Uniform Jury Instructions Committee. Mr. be remembered for years to come. Ms. Holland Stamper was also instrumental in creating the left private law practice to work as a human position of OBA general counsel to handle attor- rights activist and to help bring democracy to ney discipline. He served on both the ABA and Iraq. In 2004 she was working closely with Iraqi OBA Board of Governors and represented Okla- women on women’s issues when her vehicle was homa at the ABA House of Delegates for 17 years. ambushed by Iraqi gunmen, and she was killed. His eloquent remarks were legendary, and he is The Courageous Lawyer Award is named as a credited with giving Oklahoma a voice and a face tribute to her. at the national level. The OBA’s Distinguished Service Award is named to honor him. MAURICE MERRILL — Dr. Maurice Merrill served as a professor at the University of Okla- ALMA WILSON — Alma Wilson was the first homa College of Law from 1936 until his retire- woman to be appointed as a justice to the ment in 1968. He was held in high regard by his Supreme Court of Oklahoma in 1982 and became colleagues, his former students and the bar for its first female chief justice in 1995. She first his nationally distinguished work as a writer, practiced law in Pauls Valley, where she grew scholar and teacher. Many words have been used up. Her first judicial appointment was as special to describe Dr. Merrill over the years, including judge sitting in Garvin and McClain Counties, brilliant, wise, talented and dedicated. Named in later district judge for Cleveland County and his honor is the Golden Quill Award that is served for six years on the Court of Tax Review. given to the author of the best written article She was known for her contributions to the edu- published in the Oklahoma Bar Journal. The recip- cational needs of juveniles and children at risk, ient is selected by the OBA Board of Editors. and she was a leader in proposing an alternative school project in Oklahoma City, which is now JOHN E. SHIPP — John E. Shipp, an attorney named the Alma Wilson SeeWorth Academy. The from Idabel, served as 1985 OBA president and OBA’s Alma Wilson Award honors a bar mem- became the executive director of the association ber who has made a significant contribution to in 1998. Unfortunately his tenure was cut short improving the lives of Oklahoma children.

1048 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 LEGISLATIVE NEWS Legislative Session to End May 27 By Luke Abel

The 2016 Oklahoma legisla- HB 2349 Exempts veterans’ tive session is nearly com- disability payments from plete. While the session only being considered household has one week remaining, income related to the home- there are still active measures stead exemption that are being tracked by the HB 2399 Modifies the Protec- Legislative Monitoring Com- tion from Domestic Abuse mittee. Sine die adjournment of Act; provides a jurisdictional this year’s legislative session is requirement for emergency May 27, 2016, at 5 p.m. [Okla- ex parte orders homa Constitution, Article V, section 26]. HB 2426 Relates to grandpa- rental visitation rights; de- This article offers an update letes references to previously on proposed legislation, which repealed statute is still on the Legislative Moni- toring Committee’s “watch HB 2431 Relates to children list.” The update will identify and permanent guardian- bills signed by the governor ships for deprived children and bills in conference committee. Legislation can be HB 2443 Relates to criminal amended or rewritten after it law and extends the period has been sent to conference committee, so they time during which an individual is eligible to will continue to be followed. seek sentence modification Because of the limited time left in the session, HB 2444 Modifies civil penalties for violations the status of active measures may change before of pipeline safety rules, regulations and orders this update is printed, but this article is correct HB 2472 Provides district attorneys with dis- as of May 8. cretion to file a charge as misdemeanor rather You can always check the updated status of than a felony any measure at www.okbar.org/members/ HB 2479 Modifies penalties under the Uniform legislative. Controlled Dangerous Substances Act ENROLLED RESOLUTIONS – HB 2483 Permits a court to conduct a nonjury STATE QUESTIONS trial for the termination of parental rights SJR 72 Amendment to repeal Section 5 of when a party fails to appear for jury trial; Article II of the Oklahoma Constitution. If allows attorney to request matter proceed approved, this amendment would allow public without party present money to be used for religious purposes HB 2555 Modifies penalties related to a second BILLS SIGNED BY GOVERNOR and subsequent convictions for driving under the influence HB 2275 Requires submission of DNA samples from those arrested for felony crimes HB 2595 Allows a veteran’s post-traumatic stress disorder to be a mitigating factor in crim- HB 2281 Relates to Open Records, Internet inal sentencing access

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1049 HB 2621 Allows a court to separate siblings SB 1219 Directs the Oklahoma Water Resourc- when determining custody or placement under es Board to promulgate rules that establish a certain circumstances permitting process for aquifer storage and recovery HB 2751 Modifies the penalties for embezzle- ment and writing bogus checks of an amount SB 1491 Modifies the definition of “prior pat- less than $1,000 tern of physical abuse” as it relates to domestic violence HB 2761 Modifies provisions of the Oklahoma Insurance Code SENT TO GOVERNOR HB 2934 Permits a district attorney to dismiss HB 2757 Modifies factors used to calculate the an action or indictment prior to the commence- income of a parent who owes child support; ment of the preliminary hearing, prior to being also authorizes a court to approve a modifica- set for trial tion of child support which deviates from the child support guidelines HB 2962 Requires insurance coverage for autis- tic disorders SB 1071 Relates to the termination of tenancy and establishes exception to eviction proceeds HB 2963 Modifies provisions of the Oklahoma Adoption Code SB 1083 Modifies the workers’ compensation insurance requirements under the Roofing HB 2965 Prohibits a governing body or entity Contractor Registration Act from interfering with the child abuse reporting obligation and from retaliating against a SB 1214 Modifies the verdict in criminal cases reporting individual; also allows for recovery associated with an insanity defense of damages SB 1249 Establishes a deadline of six months HB 2996 Requires stop-loss insurance coverage by which a final protective order must be to provide aggregate retention of no less than resolved 110 percent of the expected claims STILL ACTIVE HB 3146 Creates the Impaired Driving Elimi- The deadline to request conference commit- nation Act tee in the House was May 5, 2016. Without an HB 3158 Increases Corporation Commission’s extension of this deadline, measures not cur- authority to act without notice and hearing to rently in conference were dead as of May 5, respond to emergency situations 2016. Historically, extensions of this deadline are common. For measures in conference, the SB 874 Increases the monetary limit on prop- deadline to file the first conference committee erty that can be transferred to the successor of report was May 17, 2016. a decedent through an affidavit HB 2397 Modifies criteria for expungement of SB 912 Amends the Administrative Procedures an arrest record. In House, Senate amendments Act rejected; conference requested SB 1095 Limits the liability for any person with HB 2416 Sunset extension for the State Board motor vehicle insurance who volunteers to of Examiners of Certified Shorthand Reporters. provide transportation to the extent of the limit Senate amendments proposed to eliminate of such insurance policy, except for gross negli- judicial districts which currently contain Tulsa gence or willful or wanton conduct and Pawnee counties and replace them with SB 1113 Allows a court to order a plaintiff to judicial districts containing Pawnee and Osage pay attorney fees, costs, postjudgment interest counties. In House, rejected Senate amendments; in conference and actual interest in forfeiture proceedings in which a defendant prevails HB 2651 Creates Oil & Gas Waste Efficiency and Recycling Act. In House, rejected Senate SB 1122 Requires the Corporation Commission amendments; in conference. Contains same to work with the secretary of Energy and Envi- language as SB 1122 ronment, the Oklahoma Water Resources Board and the Department of Environmental Quality HB 2758 Modifies the procedure for nomina- to encourage industrial use of produced water tions to the Oklahoma Uniform Building Code

1050 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Commission. In House, rejected Senate amend- SB 1495 Relates to adult guardianship and pro- ments; in conference tective proceedings. In Senate, House amendments read, but not yet approved or rejected HB 2936 Relates to condemnation actions; awards costs and attorney fees to owner. In PROPOSED CONSTITUTIONAL House, Senate amendments read, but not yet AMENDMENTS approved or rejected SJR 68 Amendment to repeal Article XXVIII HB 3098 Relates to firearms and Self-Defense and enacting a new article regarding alcoholic Act; allows open carry for legal residents 21 beverages. House amendments rejected; in years or older. In House, rejected Senate conference amendments; in conference Clearly, our monthly updates cannot discuss HB 3128 Creates the Prenatal Nondiscrimina- every piece of proposed legislation. The Legis- tion Act of 2016. In House, rejected Senate lative Monitoring Committee reports are amendments; in conference designed to update attorneys regarding those likely to impact the practice of law. The Legis- HB 3119 Allows a judge to waive costs and fees lative Monitoring Committee welcomes any for an offender who has successfully complet- questions or suggestions on how the commit- ed the drug court program. In House, rejected tee’s monthly updates could be improved. Senate amendments; in conference HOW DO I RESEARCH OTHER BILLS? HB 3162 Eliminates Judicial Nominating Com- mission appointing authority. In House, Senate To research the status of a current bill, go to amendments rejected; in conference www.oklegislature.gov. You can also stay informed about legislation the OBA is monitor- SB 902 Prohibits anyone who is not a citizen or ing at www.okbar.org/members/legislative. legal resident of the United States from being appointed guardian of property for a minor or incapacitated person. In Senate, House amend- About The Author ments rejected; in conference Luke Abel is an attorney at SB 1123 Amends the Oklahoma Real Estate Abel Law Firm in Oklahoma City, Code. In Senate, House amendments rejected; who serves as the vice chairman of in conference the Legislative Monitoring Com- mittee. His practice is focused on SB 1414 Creates the Oil & Gas Water Recycling handling personal injury claims, & Reuse Act. In Senate, House amendments and he can be reached at label@ read, but not yet approved or rejected abellawfirm.com.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1051 BOARD OF BAR EXAMINERS

New Lawyers Admitted to the OBA

oard of Bar Examiners Chairperson Monte Brown announces that 95 applicants who took the Oklahoma Bar Examination on Feb. 23-24 were admitted to the Oklahoma Bar Association on BTuesday, April 19 or by proxy at a later date. Oklahoma Supreme Court Chief Justice John Reif administered the Oath of Attorney to the candidates at a swearing-in ceremony at the Oklahoma Capi- tol. A total of 147 applicants took the examination. Other members of the Oklahoma Board of Bar Examiners are Vice Chairperson Bryan Morris, Ada; Juan Garcia, Clinton; Robert D. Long, Ardmore; Loretta F. Radford, Tulsa; Roger Rinehart, El Reno; Donna L. Smith, Miami; and Thomas M. Wright, Muskogee. The new admittees are:

Alia Rula Al-Assaf Kaylie Sue Fogle Bradford Alexander Hillman Ross Ryan Alexander Christopher Wallis Foshee Madison Nicole Holder Sheema Hossaini Anvar Timothy Andrew Franco Michael Sean Hollman April Arnesen Westley Wayne Franklin Andrew Tyler Hudgens Russell Don Bedard Evan Jordan Frey Caroline Elizabeth Jane Hunt Mary Jordan Berglund Barrett Ford Fuller Jonathan Michael Irwin Travis Walter Brown Andrew Stephen Goforth Jasmine Denise Lashae Johnson David Aaron Bruner Kayla Janae Grant Sheri Marie Johnson Darlene Mayre Carroll Justin Lee Hall Joy Dawn Jones Sean Phillip Chesley Jeremy Kyle Hamby Meagan Marie Kania Haleigh Ann Collins David Marshall Hammer Anakaren Aguilar Kennedye Heather Marie Cook Krystle LeJoyce Hampton Evan William King Dallas Lauren Coplin Hayley Anne Hartman Meghan Julia LeFrancois Travis James Couch Virginia L. Hefner William Charles Maxcey Anne Field Daniel Kayla Elizabeth DeWitt Joshua Stephen Donaldson Tiffani Dawn Dragg Amber Celeste Duncan William Zane Duncan Sara Ann Dupree Taylor Renee Edwards Frances Cassandra Ekwerekwu Robert Edward Epps, III Micah Joseph Felton Ericka Carmen Burey Fisher Law school students from the TU College of Law take their oath.

1052 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Cole McMahan Allison Paige Roso Andrew Michael McMahon Elizabeth Rebecca Rumley Cathleen Whitaker McMahon Chynna Gaylene Scruggs Rebecca Audrine Mickey Geoffrey Wayne Seay Bradley Major Mitchell Jericah Jenee Selby Howard Tremayne Morrow John Shelby Shelton Justin Wade Mosteller Rebecca Lyn Sher Kevin Thomas O’Shields Christopher Jeffrey Snyder Jordan Lee Pace Kevin Woodward Stump Ariel Nicole Parry Laura Ruth Talbert Amy Catherine Cranmer Meltem Karla Tankut Pearsons Miles Grayden Taylor Julie Elizabeth Peters Stephen Robert Taylor Alexandra Elizabeth Pratt Jason Marshell Temple Joshua Lynn Pyron Law school students from the OCU Stephen Wayne Tencleve Oishy Reza School of Law take the oath to become Devon Paul Walke lawyers. Joshua B. Romano Clark Wilson Wheeler Heather Healey Whiteside Michael A. Whiting Richard James Wilson Pierce Waid Winters Daniel Bryant Woolston Edward William Wunch IV Austin Joseph Young Ashley Erin Zamudio

Students from the OU College of Law and out-of-state schools take the Oath of Attorney.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1053 PHOTO HIGHLIGHTS Law Day 2016 County Bar Association Law Day Events

Seminole County Bar Association President Seminole attorney Zack Pyron shares the history of Law Vic Kennemer presents Wewoka attorney Bill Day with junior high students at New Lima School, some- Huser with his pin for 50 years as a member of thing he has done every year since returning to Seminole the OBA at the Seminole County Law Day County to practice law. Luncheon on Apirl 27 in Wewoka.

(From left) Judge Ken Farley, Former Judge Tony Benson, Criminal Court of Appeals Presiding Judge Clancy Smith, Judge Michael DeBerry, Judge Jana Wallace, Judge Gary Brock Attorney Dan Crawford celebrates and Judge Bill Baze celebrate Law Day at a banquet held 25 consecutive years of coordinating by the Choctaw, McCurtain and Pushmataha County the Tulsa County volunteer hotline for Bar Associations. Ask A Lawyer.

Keynote speaker Laura Nirider delivers her address to attendees at the Tulsa County Law Day luncheon in downtown Tulsa.

1054 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 (From left) J.A. Allford receives his 60-year OBA membership pin and Richard “Whitey” Cor- nish and Gary McKnight receive their 50-year OBA membership pins at a Pittsburg County Law Day dinner. Also pic- tured are Eddie Harper, Don Hackler and Robert “Bob” Ivester who have all been practicing more than 50 years.

(From left) Volunteers attorney Sarah Jordan, attorney Rana- da Adams, paralegal Dian Wood, Judge Marion Fry, attorney OBA President Garvin A. Isaacs Amanda Grant and Law Day 2016 Co-Chair and attorney Jolyn answers legal questions on the Ask A Noel Belk assist with the mock trials held in Leflore County to Lawyer hotline in Oklahoma City. celebrate Law Day 2016.

(From left) Pittsburg County lawyers Mike Hogan, Nils Rauniker and Paul Northcutt answer legal Journal Record editor Ted Strueli presents Susan questions during the Pittsburg County Ask A Law- Shields with the 2016 Journal Record Award. yer event.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1055 1056 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1057 REGISTER NOW!

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1058 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 STANDARD RATES FOR OBA MEMBERS (admitted before Jan. 1, 2014)

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Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1059 2016 SOLO & SMALL FIRM CONFERENCE Thursday, June 23 3 - 6:30 p.m. Registration

7 p.m. DINNER (Included in Seminar Registration Fee) Friday, June 24 Rx Mind-Body Techniques to Feel Better All the Time (No MCLE credit) 7:30 a.m. Hallie Love

8:25 a.m. Welcome OBA President Garvin A. Isaacs

8:30 – 60 Tips in 60 Minutes 9:30 a.m. Jim Calloway, Ben Schorr & Tom Mighell

9:30 a.m. Break 9:40 – Positive Psychology for Lawyers - Basics - Advising the 10:40 a.m. A Tool for Superior Professionalism Business Client Hallie Love Mark A. Robertson 10:40 a.m. Break Who’s Afraid of the Fastcase 7: New Basics - Your First Powerful Cross 10:50 – Big Bad Word? Powerful Tools Divorce Case Examination 11:50 a.m. Ben Schorr Ed Walters Alissa Hutter Techniques David McKenzie 11:50 a.m. – 12:45 p.m. LUNCH (Included in Seminar Registration Fee)

The Challenges of Mobile: Can iOS & Solo Quick Takes Basics - Your First 12:45 – Unbundled Android be Friends? Cosmolex, University of Jury Trial 1:45 p.m. Legal Services Tom Mighell Tulsa Law Incubator, Citrix John W. Coyle III Jim Calloway ShareFile, Smokeball, OAMIC, LawPay 1:45 p.m. Break Windows 10: To New Laws, Free or Low Cost Sites Basics - Probate & 2 – Upgrade or Not? New Challenges for Online Research Guardianship 3 p.m. Ben Schorr Noel Tucker Darla Jackson Bryon J. Will

3:15 p.m. General Practice Solo & Small Firm Section Annual Meeting

3:30 p.m. YLD Meeting

4:30 p.m. YLD Networking Event

1060 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Friday, June 24

6:30 p.m. DINNER (Location TBD) Saturday, June 25 Introduction to Integrative Restoration (No MCLE credit) 7:30 a.m. Hallie Love

8:25 a.m. Welcome OBA Executive Director John Morris Williams

8:30 – Professionalism Issues for Solo & Small Firm Lawyers 9:20 a.m. Oklahoma Supreme Court Chief Justice John F. Reif

9 a.m. Board of Editors Meeting

9:20 a.m. Break Plenary – Solo Quick Takes (20 minute sessions) The Transformation of Law: An Unintended Consequence – Bob Christensen 9:30 – 10:20 a.m. Data is the New Oil – Refining Information from Data: Lessons from John D. Rockefeller and Standard Oil – Ed Walters Getting Hip to HIPAA – Jim Calloway 10:20 a.m. Break (Hotel check out) 10:30 a.m. Board of Governors Meeting

Basics - Trust Accounting Work Smarter and the The Dirty Dozen: 12 Pervasive 10:45 – Joe Balkenbush & Power of Recharge Document Errors Banished 11:35 a.m. Gina Hendryx Hallie Love by Document Automation Bob Christensen 11:35 a.m. – 12 p.m. CLE POWER LUNCH (Included in Seminar Registration Fee)

12 – A Lawyer’s Civic Responsibility 12:30 p.m. OBF Executive Director Renée DeMoss & OBA President Garvin A. Isaacs 12:30 p.m. Transition Break Creating Compelling Content: Windows 10: To Upgrade Be Proactive and Be 12:35 – Podcasts & Videos or Not? (Repeat of Friday) Protective: How to Avoid and 1:25 p.m. Tom Mighell Ben Schorr How to Prepare for the Most Common Bar Complaints Gina Hendryx 1:25 p.m. Break 1:35 – What’s Hot & What’s Not in Law Office Management & Technology 2:30 p.m. Tom Mighell, Ben Schorr, Jim Calloway & Darla Jackson

Approved for 12 Hours MCLE / 1 Hour Ethics

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1061 FROM THE EXECUTIVE DIRECTOR

I Know Why By John Morris Williams

On more than one occasion I became a lawyer. Here is what The countless hours of pro bono have said that no one writes on he said: work, civic participation, profes- their law school application that sional involvement and service Oh my goodness, I am he or she wants to aid the pow- to their nation in one form or probably not the best per- erful and oppress the downtrod- another are so typical son to ask. I had a heart den. My guess is that we all said of OBA members. murmur and got dis- we wanted to help people, to charged from the Marines I must admit that I too filled ensure justice is done and to and was not very good at out the application for law stand for righteous constitutional math. I knew some law- school with dreams of raising principles. yers; it has been a good up the unfortunate, freeing the As I mentioned in an earlier choice, and I have enjoyed wrongfully accused and righting article, that moment in the film great wrongs. Those dreams To Kill A Mockingbird where Atti- have not left me. I just occupy cus is leaving the courtroom and for the moment a different seat. the people in the balcony stood As the hired help, I do not often was life changing for me. It was To all of those get the chance to be the first a moment about an ordinary chair. However, I have the man doing an extraordinary extraordinary OBA unique and good fortune to thing in an ordinary courtroom members who do work for, and witness closely, in an ordinary town. Although it those lawyers who do indeed is fiction, I found it highly rele- extraordinary things daily turn those dreams into vant to the times I was witness- reality. There is no question why ing in the 1960s. While the movie to help people and they became lawyers. Every day is set in an earlier time, the issues make a difference, I they tell me their reasons for of poverty and race very much being a lawyer without ever were on the national conscious. salute you. saying a word. The calendar has turned a few To all of those extraordinary pages since my first viewing of OBA members who do extraordi- that most sacred piece of cinema- nary things to help people and tography. This year as I gave out make a difference, I salute you. I it. It has been a true pro- 50-year certificates and pins, I truly do know why you do what fession and the thing I pondered on just how much the you do. If you are ever in a have enjoyed the most is world has changed in the lives of courtroom with a balcony, look the chance to help people members who have “hung half a up — I will be the guy standing and to make a difference. hundred” in their practices. I as you pass by. also noted that this was the Oh my goodness, I think I entering class after the 1963 picked the perfect person to ask. debut of this classic film. I regret A bit of humor, a bit of humility not asking any of them if the and the heart of a lion (even if it movie had an effect on their has a murmur). I find this vocational choice. answer to be very common To contact Executive Director among lawyers. I also find they So, I decided to randomly call Williams, email him at johnw@ have kept good on their word. up a member and asked why he okbar.org.

1062 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 LAW PRACTICE TIPS

Proposed Agenda for Your Law Office Retreat By Jim Calloway

This probably seems like a ital client files? Law firms and Procedures” presumptuous title. Every law everywhere are converting to (OBJ — Sept. 12, 2015) firm is a little bit different, so digital client information man- goo.gl/02tmvM there are different items they agement. While it is challeng- • “Is It Possible to Go Com- may want to focus on during a ing to convert a law firm from pletely Paperless In A Law law firm planning retreat. paper client files to digital ones, Office?” goo.gl/jZEdJD the benefits cannot be overstat- But many law firms also have ed. These include remote access • “Step Right Up to the reinvention and repurposing to the entire client file, the abili- Paperless Law Office” challenges they need to consid- ty to do data backup of the goo.gl/6yYyFy er. It seems like an agenda on entire client file rather than just these topics might be helpful. PRACTICE MANAGEMENT a backup of the documents the SOFTWARE At the risk of competing for a firm has created, the ability to captain attorney obvious title, Have you invested in a prac- there is no doubt today’s practice management software tool? tice of law is different than the If so, how efficiently are you practice of law was decades using it? The paperless law ago. Future lawyers will likely Law firms office is powered by practice have practices that by necessity everywhere are management software tools. are managed differently. This Today many of these tools are difference may be so radical converting to digital cloud-based, making it very that the practice of law will be easy for the small law firm with almost unrecognizable to many client information no dedicated IT staff to easily in the profession. Many of the management. manage. I recognize some read- differences are spurred by the ers will dismiss this advice as introduction of today’s technol- “not the way we work,” but ogy tools. digital client files powered by practice management software The following list is not nec- make up-to-date billing infor- tools is the way many law firms essarily intended to be exclu- mation easily accessible and not are working today and almost sive, and hopefully there will being tied to a paper client file. all law firms will work in the be some sections on which your In my opinion, for conversion future. We have 10 practice firm is already moving in the to digital files to work, the pro- management software tools right direction. Where possible, cess must be powered by a as sponsors of the OBA Solo I have included links to some practice management software & Small Firm Conference online resources for your tool. (June 23-25 at the Choctaw perusal. Casino Resort in Durant). Each Suggested Reading: DIGITAL CLIENT FILES of these law practice solutions • “‘Paperless’ Office Doesn’t will have staff available to How much progress have Really Mean Paperless — It show you the features of their you made on conversion to dig- Does Mean New Processes services. No matter what your

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1063 firm size you won’t find a bet- SECURITY AND make your document creation ter shopping opportunity for CONFIDENTIALITY more efficient. In some circum- practice management solutions CONCERNS stances, document automation than this year’s OBA Solo & An ad attached to the cover can remove some of the drudg- Small Firm Conference. So, of the May 2016 issue of ery of your day-to-day work why not register now? Legaltech News contained the and allow you to provide better work products for your clients. Suggested Shopping following quote by former FBI Of course, this concept also Expedition Director Robert Mueller, “There are only two types of compa- goes hand-in-hand with alter- • OBA Solo & Small Firm nies: those that have been native fee agreements. Conference www.okbar. hacked and those that will be.” Suggested Reading: net/solo/ As lawyers, we have an obli- • “Document Assembly for Suggested Reading gation to protect our client’s confidential and privileged Lawyers” (OBJ — April 14, • “Why Your Clients Will information. Not disclosing 2012) goo.gl/Lmhtuv Thank You for Investing in your client’s confidential mat- Also, attend the session titled Law Practice Management ters to others is the easy part of “The Dirty Dozen: 12 Pervasive Software” goo.gl/BsA3zT that equation. But in today’s Document Errors Banished CLIENT world the challenge, of course, by Document Automation” at COMMUNICATIONS is that we are lawyers and not the OBA Solo & Small Firm digital security experts. We can Conference. How are you handling client probably best start by educat- communications and are your ing ourselves on email encryp- ONLINE MARKETING communications meeting your tion and security of our office PLAN clients’ expectations? As with network. What’s your online market- most professional services ing plan? Every law firm’s mar- firms, the client of a lawyer Suggested Reading: keting plan should be less does not receive a tangible • Texas Center for Legal Eth- about print and more about product to examine. Instead, ics Opinion Number 648 on online marketing. This does not the client learns of the value of communicating confidential mean all traditional marketing the representation through information by email, efforts should be abandoned, communication from the firm goo.gl/zDEsFI but in today’s environment and legal documents that may people search for all sorts of be created and delivered. You • Free trial of Citrix ShareFile consumer goods and services are encouraged to read (or encryption solution for online, including legal services. reread) the following article OBA members, goo.gl/ It is particularly important that and examine how well your X201SB most solo and small firm law- firm does on topics such as the • “Client Portals: The Solu- yers have an online presence. initial client interview, the tion to The Email Security The minimum presence would attorney-client agreement, com- Problem” goo.gl/1tc9u6 include a traditional website munications during the repre- that has pictures of all of the sentation and setting and ful- • “Encryption Made Easier” attorneys in the firm. filling client expectations. goo.gl/F9MZIb Traditional graphic images Suggested Reading: • “Law Firm Data Security: Experts on How to Protect like gavels and bookshelves full • “Care and Feeding of the Legal Clients’ Confidential of law books should be mini- Law Firm Client” (OBJ — Data” goo.gl/cMiHlF mized, if not banished, in favor May 16, 2015) (Note: This of more interesting graphic ele- article has links to other AUTOMATED DOCUMENT ments. The bare minimum is ASSEMBLY online articles and a link to that the website is reviewed download “The Ten Com- What progress are you mak- and updated at least twice a mandments of Good Client ing on automated document year and the best practice is Relations,” which you assembly? From templates to that it be updated much more might consider printing out macros to quick parts to full- frequently. Other personal and posting in the law firm blown document assembly social media that should be breakroom.) goo.gl/VZgpfJ tools, there are many ways to linked to the website include

1064 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 LinkedIn profiles for all of the trust accounting. Many of these more changes are ahead. But lawyers and a law firm Face- tools allow you to automatical- certain things will never change book page. Ideally the Face- ly generate client ledgers, in the legal profession like our book page would be updated at which can be a significant commitment to deliver the best least several times per month. timesaver. possible legal services and advice to our clients. Suggested Reading: Suggested Reading: If the above agenda looks a • “Thoughts on Social Media: • “Tips for Handling Client little intimidating for your law Risks, Rewards and Uncer- Funds” goo.gl/1uqg30 firm retreat, then maybe the tainties” (OBJ — Jan. 16, • “Capterra’s Best Trust solution is to schedule your law 2016) goo.gl/1xIo6k Accounting Software for firm retreat in a really nice and • “Getting Noticed Online” 2016” goo.gl/quyCBy stress-free setting, away from (OBJ — Aug. 7, 2012) the office and maybe even in a CONCLUSION goo.gl/alwos7 fun out-of-state location. One thing we can say for cer- TRUST ACCOUNTING Mr. Calloway is OBA Manage- tain is that this agenda looks ment Assistance Program director. How are you managing your nothing like the agenda for a Need a quick answer to a tech trust accounting? The concept law firm retreat a few decades problem or help solving a manage- of trust accounting is one that (or even a few years) ago. But ment dilemma? Contact him at hasn’t changed much over the that’s true for many different 405-416-7008, 1-800-522-8065 or years, but there are different aspects of business in society. [email protected]. It’s a free member tools to help you manage your There is certainly no doubt that benefit!

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Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1065 ETHICS & PROFESSIONAL RESPONSIBILITY

Trust and Accountability, Overdraft Notification and Protection Both Are Your Ethical and Moral Obligation By Gina Hendryx

In 2008 Oklahoma joined the be necessary. One option Something as simple as color majority of jurisdictions that available for a lawyer with coding the deposit books may employ some form of trust multiple overdrafts is a trust solve this problem. A more account overdraft notification. account review course, taught drastic, but effective, solution At that time, a provision to by the OBA ethics counsel. is to have the trust account at Oklahoma Rule of Professional Records of funds in the trust a different financial institution Conduct 1.15 was added. It account must be kept in accor- from the operating account. requires Oklahoma lawyers to dance with generally accepted I recorded the deposit twice. maintain their trust accounts accounting procedures. The Other variations of this in- in financial institutions that trust account training program clude forgetting to subtract a agree to notify the Office of employs this practice and withdrawal. Failure to keep the General Counsel in the instructs lawyers on proper good records often is indica- event any properly payable documentation and account- tive of serious problems with instrument is presented ing practices. a trust account. Whether you against a lawyer trust account MOST COMMON OVER- use a computer program or a containing insufficient funds, DRAFT EXPLANATIONS Big Chief tablet, it is impera- irrespective of whether or not tive that the lawyer maintain the instrument is honored. The most common explana- good trust account documen- When a financial institution tions for trust account over- tation. At any given time, the sends notice of an overdraft, drafts include: lawyer should, at a minimum, an inquiry is mailed to the I forgot to make the deposit. be able to identify the source lawyer requesting an explana- Most leave the bank deposit of the funds in the trust action for the negative balance. until the end of the day. Rou- count, the names of all persons It is important to note this is tinely, the deposit is over- for whom the funds are held an “inquiry” and not a looked and doesn’t go to the and the amounts attributable “grievance.” bank until the next day. Set a to same. Notification does not auto- specific time and person to The client beat me to the matically equate with a bar make bank deposits. It should bank. This occurs most often complaint. The lawyer is be a priority and not left until when a lawyer receives a asked to respond and include the time of day when other check made payable to lawyer any documents which might deadlines are looming. and client. Client endorses the be of assistance in understand- I deposited the money into check and receives his portion ing the error. In most cases, the wrong account. Deposit- in the form of a trust account the explanation is sufficient ing trust funds into an operat- check made payable to the cli- and the inquiry closed. In oth- ing account is commingling. ent. Even though you repeat- ers, such as when a lawyer Care should be taken to use edly caution the client to wait has had multiple overdrafts, a the proper deposit slips. Often a few days before negotiating more detailed examination of the deposit books look similar. the trust account check, the cli- the trust account records may

1066 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 ent will invariably leave your for payment in a manner that members/MAP). These office and drive to the nearest will ensure the availability of resources are available to check cashing outlet causing the funds. assist you with your law an overdraft of the trust practice questions. From the chart, you can see account. You should never dis- that overdraft notices have sig- If you receive an inquiry burse funds that are not in the nificantly decreased since the regarding an overdraft from account. Wait for the deposit rule change went into effect. the Office of the General to clear before writing the cli- The primary reason for the Counsel, respond promptly ent’s check. decrease is the availability of and fully. The likelihood is The client’s retainer check trust accounting classes and that the matter will go no fur- was returned causing over- instruction available through ther. However, if you continue drafts in my account. The the OBA. If you have ques- to have repeated issues with same rule applies as in the tions or need assistance with overdrafts, a more extensive previous explanation. Do trust account matters, you investigation will be undertak- not disburse funds until the should contact either OBA en to fully explore the causes deposit has cleared and the Ethics Counsel Joe Balkenbush for same and to identify reme- funds are available. If you (www.okbar.org/members/ dial measures. have doubt about the deposit, EthicsCounsel) or the OBA Ms. Hendryx is OBA general discuss it with your bank offi- Management Assistance counsel. cer. Deposits may be presented Department (www.okbar.org/

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1067 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association REPORT OF THE naed to testify in a criminal Board of Governors met at the EXECUTIVE DIRECTOR case in Anchorage, Alaska. Oklahoma Bar Center in Okla- Governor Kinslow reported he homa City on March 7, 2016. Executive Director Williams attended the Comanche County reported he attended a portion Bar Association meeting and REPORT OF THE of the new board member PRESIDENT helped organize the apprecia- orientation, House of Repre- tion dinner to take place sentatives Rules, Government President Isaacs reported he April 11 for Comanche County Oversight & Accountability and spoke at the Oklahoma County law enforcement officers and Judiciary & Civil Procedure Bar Association Santa Fe Ski their families, which is spon- Committee meetings, numerous Trip CLE Seminar in New Mex- sored by the Greater Lawton meetings on proposed legisla- ico and at the Cleveland Coun- Rotary Club and the Comanche tion involving the Judicial ty Bar Association meeting. County Bar Association. Gov- Nominating Commission, Tulsa ernor Marshall reported he REPORT OF THE County Bar Association judicial reviewed and disseminated PRESIDENT-ELECT dinner, Bar Association Tech- JNC material and also reviewed nology Committee meeting, President-Elect Thomas and contributed input regard- OETA Gala Planning Commit- ing a potential amicus curiae reported she attended the new tee meeting, Access to Justice board member orientation and brief on a recent Court of Commission meeting and YLD Appeals case. Governor Porter Tulsa County Bar Association board meeting. judicial dinner. She served as reported she attended the “on-call” election/voter protec- BOARD MEMBER REPORTS Cleveland County Bar Associa- tion monitor for Washington tion monthly meeting and Governor Coyle reported he County at the request of Sen. chaired a General Practice/Solo attended the new board mem- Kay Floyd, monitored legisla- & Small Firm Section officers ber orientation and the Oklaho- tion targeting the Judicial Nom- meeting. Governor Sain report- ma County Bar Association inating Commission and judi- ed he attended the McCurtain Board of Directors meeting. cial independence, had daily County Bar Association lun- Governor Gotwals reported he ongoing discussions with bar cheon and McCurtain Memori- drafted and assisted in the leaders, attorneys and judges, al Foundation board meeting. request to the Tulsa County Bar contacted Rep. Earl Sears Governor Tucker reported he Association Family Law Section regarding HB 3162, HJR 1037 attended the Law Day Juror for possible referees and/or and HJR 1042, sent numerous Appreciation Subcommittee special masters and worked on emails and social media posts meeting and Law Day Com- educating others about the summarizing HB 3162 and mittee meeting. JNC. He attended the TCBA/ outlining her opinion of the TCBF judicial appreciation REPORT OF THE YOUNG effect such legislation would dinner and the TCBF Golf Tour- LAWYERS DIVISION have on the independence of nament meeting. Governor the judiciary. Governor Will reported he Hennigh reported he attended chaired the YLD monthly meet- REPORT OF THE the new governor orientation, ing at which board members PAST PRESIDENT Garfield County Bar Associa- assembled bar exam survival tion meeting and made visits kits, and he attended the new Past President Poarch report- at the Capitol to the speaker’s governor orientation. He sent ed he attended the Cleveland chamber and to offices of north- personal letters to county bar County Bar Association lun- west Oklahoma state legislators association presidents asking cheon, which featured Presi- regarding legislation. Governor them to encourage young law- dent Isaacs as the keynote Kee reported he was subpoe- speaker. yers to attend the YLD Midyear

1068 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 Meeting to be held in conjunc- conferencing. Governor of immediate interim suspen- tion with the Solo & Small Firm Gotwals reported the Awards sion in two matters. Conference in June. Committee recently met to CHILD DEATH review current awards present- BOARD LIAISON REPORTS REVIEW BOARD ed and to consider a new Governor Tucker reported the award suggested by the OBA The board approved Presi- Law Day Committee recently Alternative Dispute Resolution dent Isaacs’ recommendation to judged its contests to determine Section. The committee’s rec- submit the names of John Wes- the winners. The Law Day ommendation will be on the ley Gile, Oklahoma City; Laura Juror Appreciation Subcommit- agenda for the April board H. McConnell-Corbyn, Oklaho- tee recently met and recom- meeting. Governor Gotwals ma City; and Gregory E. mends that juror appreciation reported the Professionalism McCracken, Oklahoma City as activities be conducted in Sep- Committee is working with nominees for a position on the tember. They are considering Educational Programs Director Child Death Review Board. The the idea to present a large Susan Krug to obtain a speaker director of the Oklahoma Com- plaque and a poster at each for an upcoming symposium. mission on Children and Youth courthouse across the state. He said the committee is seek- will select the commission Subcommittee members are ing private funds to purchase member from the nominees. ethics books to give to each emailing each other with ideas NEXT MEETING for the text for both. In addition new lawyer at the swearing-in to reaching out to judges, the ceremony. The Board of Governors met project will also involve reach- REPORT OF THE April 22 and May 20, 2016. ing out to county and city attor- GENERAL COUNSEL Summaries of those actions will neys. Governor Will reported be published after the minutes the Bar Association Technology General Counsel Hendryx are approved. The next board Committee is recommending reported that to date the Okla- meeting will be 10:30 a.m. that OBA-NET be replaced with homa Supreme Court has Saturday, June 25, 2016, in Higher Logic, a cloud-based approved the resignations conjunction with the OBA Solo private online community that pending discipline proceedings & Small Firm Conference at the integrates into existing plat- of two attorneys, entered dis- Choctaw Casino Resort in forms. The committee is also barment orders against four Durant. looking at products for video- attorneys and has issued orders

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Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1069 BAR FOUNDATION NEWS

Foundation Celebrates 70 Years By Candice Jones

Excitement was in the air as the Oklahoma Bar Foun- dation celebrated their 70th- year anniversary at their Sil- ver & White Party on April 8 at Park House in Oklahoma City. In attendance were members of the OBA Board of Governors, OBF Board of Trustees, foundation donors, For more information about Business and Corporate Law law firms and leadership from the work of the Oklahoma Bar • Estate Planning, Probate foundation grantees. Foundation visit www.okbar and Trust • Family Law • foundation.org. Financial Institutions and Glasses were raised as Commercial Law • Govern- Board of Trustee Past Presi- RECOGNIZED GRANTEES, GROUPS AND SPONSORS ment and Administrative Law dent Jack Brown made a toast Practice • Intellectual Proper- to honor the past 70 years of Event Committee: ty • Labor and Employment foundation impact with over Law • Litigation • Real Prop- Jennifer Castillo • Stephen $12 million in funding for erty Law legal services, court improve- Beam • Tsinena Bruno- ment projects and law school Thompson Prime partner IOLTA banks: scholarships. The toast also Table sponsors: BancFirst • Bank of Oklaho- alluded to the enthusiasm and ma • First Oklahoma Bank Conner & Winters • Crowe & vision of the board for the • MidFirst Bank • Valliance Dunlevy • Fellers Snider • next 70 years. Board President Bank Judge Millie Otey passionate- Gable Gotwals • Hall Estill • McAfee & Taft • Tisdal & ly told the crowd that the About The Author foundation has come alive by O’Hara taking on many new, exciting Community fellows: Candice Jones projects with the intention to is director of further support the critical Bass Law • Sprouse Shrader development and work of the foundation’s Smith • Payne County Bar communications grantees. Association • OBA Sections: for the Oklahoma Alternative Dispute Resolu- Bar Foundation. tion • Appellate Practice •

see photos on following pages

1070 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 (From left) Faye Rodgers, Jennifer Cas- tillo, LeAnne Zimmerman McGill, Christa Figgins, Molly Aspan

Past President Dietmar Caudle (left) and Vice President Alan Souter

(From left) Members of Tisdal & O’Hara: Patrick O’Hara, Pat O’Hara, Mart Tisdal and Jason Hartwig with their wives Karla O’Hara, Laura O’Hara, Marian Tisdal and Kelly Hartwig

OBF Staff: (front row) Deb Holt, Jessi Hesami; (back row) Candice Jones, Renée DeMoss

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1071 Past President Jack Brown toasting 70 Years

Grantees: (from left) Stephanie Hudson Burghart from Oklahoma Indian Legal Services, Katie Alsup from YMCA, Lori Harless and Casey Ross-Petherick from the OCU School of Law’s American Indian Wills Clinic

OBF past and current presidents: (from left) Richard Riggs, Michael Mayhall, Deitmar Caudle, Jack Brown, O.B. Johnston III, Renée DeMoss, Judy Hamilton Morse, Hal Ellis, Judge Millie Otey, Retired Judge Nancy Coats, Mart Tisdal

President-Elect Kevin Donelson with OBF Board of Trustee Paul Kluver and his wife Hong Kluver

Board of Trustee President Judge Millie Otey recognizes grantees, groups and sponsors

1072 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 YOUNG LAWYERS DIVISION

Midyear Meeting Opportunities Not to Be Missed By Bryon J. Will

To all of those who are newly reprise from the March article WHAT WE OFFER YOU ON admitted to practice law please with details on the upcoming THIS VACATION midyear meeting: let me say, “Welcome to the Discount pricing: What’s the Bar!” I wish each of you the WHAT YOU CAN EXPECT cost? Early bird pricing for the best of luck in your endeavors event is $200 if you register on and your future. I also want to The Choctaw Casino is a or before June 9. For those of encourage you to begin your world-class resort located in you who have practiced two involvement within your legal southern Oklahoma. The ame- years or less, you will receive a community; whether it is with nities are amazing with beauti- discount and pay only $125. If your county bar association or ful rooms, great food and, oh you do not want to attend the the Oklahoma Bar Association. yes, probably the most amazing CLE portion, you pay only $80. As a new admittee to the OBA, pool and poolside in the state. See details within this issue of you are automatically a mem- For those of you who joined us the Oklahoma Bar Journal or on ber of the Young Lawyers Divi- the website at www.okbar.net/ sion and remain so until you solo. You will have to make res- have been licensed with the ervations for rooms with the OBA for 10 years. Please keep Choctaw Casino. tabs on the YLD article in your You don’t monthly Oklahoma Bar Journal Entry Level CLE: Are you a for upcoming YLD events in have to be great young lawyer practicing as a which you can be involved. sole practitioner or in a small to start, but you law firm? This CLE track is for Also, it’s never too early to have to start to you! The CLE offering is target- get started on your OBA net- ed for young lawyers and for working, and you can begin by be great! those entering into private attending the 2016 YLD Mid- practice. On Friday there will year Meeting in conjunction be a “Basics” track on the basics with the OBA Solo & Small Zig Ziglar of divorce, jury trials, probate Firm Conference which will and guardianship cases. The take place at the Choctaw focus is to help prepare lawyers Casino and Resort in Durant. for their first time in any one of Please accept this as my these areas. personal invitation to each there in 2012 and 2013 a new of you to attend. Networking: Who do you tower and rooms have been know within the YLD? Better added, not to mention the laser I also want to take this oppor- yet, who do you know within tag facility, stadium seating tunity to remind everyone the OBA in general? We will first-run movie theaters and a about the 2016 YLD Midyear have various networking activi- bowling alley. Meeting, and I look forward to ties focusing on young lawyers seeing you there. Here is a

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1073 including the YLD Midyear Meeting, networking social and • World-class resort laser tag. For laser tag we have already made reservations. As • Amazing pool for the YLD Midyear Meeting, all young lawyers are invited to • Deeply discounted price attend. There will also be other opportunities for young law- • Laser tag yers to network with others throughout the OBA. There you • Movie theaters will be in midst of other new attorneys and seasoned attor- • Bowling alley neys, all who are either solo practitioners or part of a small law firm. • Basic track CLE As a new practitioner, you • Networking will embark upon challenges of being a new attorney, whether these same aspects and we are About The Author they are in a law firm, as a solo also here to help. I encourage practitioner, in a large city or in you to contact your YLD dis- Bryon Will prac- a small town. Please know the trict board member to engage tices in Oklahoma OBA has resources available for in and become familiar with the City and serves as you for whatever challenges YLD and its membership. the YLD chairper- you face. The YLD board and son. He may be con- its membership is made up of Till next month. tacted at bryon@ attorneys who contend with bjwilllaw.com.

1074 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 FOR YOUR INFORMATION

Fellers Snider Supports Redbud Classic and SuperStan The law firm of Fellers Snider had a dual-purpose April 10 as it sponsored a water stop along the 10K route of the Redbud Classic. Volunteers wore bright blue “SuperStan” T-shirts to rally around the two-year-old grandson of Harry Selph, one of the firms most tenured attorneys. “SuperStan” was diagnosed with brain cancer and is currently undergoing treatment at OU Children’s Hospital. “Our firm has a long relationship with the Redbud Classic with many of our lawyers serving on its Board of Directors and as past presidents,” said Fellers Snider President Bryan King. “Redbud’s emphasis on community and charity is a natural fit to Fellers Snider’s own values, and in this special year, it was the perfect opportunity to support one of our own and his grandson’s fight with cancer.”

Aspiring Writers Take Note We want to feature your work on “The Back Page.” Submit articles related to the practice of law, or send us something humorous, transforming or intriguing. Poetry is an option too. Send submissions no more than two double-spaced pages (or 1 1/4 single-spaced pages) to OBA Communications Director Carol Manning, [email protected].

OBA Law Day Committee Wraps Up Another Successful Year The OBA Law Day Committee would like to thank everyone who helped make Law Day 2016 a success! This year 243 lawyers in 30 different counties volun- teered to participate in the Ask a Lawyer community service where legal questions were answered for free by phone and email. More than 1,500 phone calls were received and nearly 300 email questions were answered. Forty-four county bar associations also planned and hosted activities including contests for school children, Law Day banquets, mock trials, courthouse tours and much more.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1075 OBA Upgrades Technology in Emerson Hall Emerson Hall is now 100 percent digital! The two front projectors and three side TVs have been replaced with two 90-inch HDTVs at the front of the room and six 65-inch HDTVs. No matter where you sit in the room, you will be able to see a high quality image. A 42-inch TV also hangs in front of the podium, allowing presenters to view their materials. The new technology allows wireless presentation capa- bilities to those using iPads and the room can be separated into multiple different rooms with a minimum of two TVs per room.

Bar Journal Takes OBA Member Resignations Summer Break The following members have resigned as members of the The Oklahoma Bar Journal association and notice is hereby given of such resignation: theme issues are taking a short break. The next issue, devoted Zachary Edward Bernard Carolyn Davis Moon to “Bankruptcy,” will be pub- OBA No. 31344 OBA No. 12146 lished Aug. 20. Deadline for 7118 Hartland St. 1 Keahole Place, #1205 submissions will be July 18. Houston, TX 77055 Honolulu, HI 96825 You’ll still receive issues containing court material twice a Neal A. Gerstandt Polly Cox Owen month in June and July. Have a OBA No. 3329 OBA No. 18124 safe and happy summer! 2230 Mimosa B Senior Counsel, Intellectual Houston, TX 77019 Property Eastman Chemical Co. Phillip W. Gordon P.O. Box 511, B-75 OBA No. 3473 Kingsport, TN 37662-5075 2802 Desirae Drive Chickasha, OK 73018 Maria Kristina Roberts OBA No. 18134 Stephen Alan Kepner Jr. 614 Mindora Street OBA No. 17396 Pittsburgh, PA 15211-2204 2617 Lauriston Norman, OK 73072-3946 Jeffrey Ray Schoborg OBA No. 10603 William B. “Pete” King 1719 S. Norfolk Ave. OBA No. 14501 Tulsa, OK 74120 Important Upcoming 628 Stoner Avenue Dates Shreveport, LA 71101 Ryan Kevin Swartwood OBA No. 30924 Don’t forget the Oklahoma Liza Marie McGinn 17900 Hianatha St., Apt. 111 Bar Center will be closed Mon- OBA No. 20910 Northridge, CA 91326 day, May 30, and Monday, 8479 Ulysses July 4, in observance of Memo- Universal City, TX 78148 rial Day and Independence Day. Remember to register James Craig McMillin and join us for the 2016 Solo OBA No. 17206 & Small Firm Conference in 5824 N. Barnes Circle Durant June 23-25, and be sure Oklahoma City, OK to docket the OBA Annual 73112-7330 Meeting to be held in Oklaho- ma City Nov. 2-4.

1076 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 BENCH & BAR BRIEFS

elected by the board of the velyn Aswad, law profes- ABF. Mr. Rysted received his Esor at OU, received OU’s J.D. from the OCU School of 2016 David L. Boren Award Law in 1992. for Outstanding Global he Litigation Counsel of Engagement at the universi- CO professor Mary Teal America (LCA) recently ty’s annual A Tribute to the T was honored with the named Crowe & Dunlevy U Faculty. The award was estab- Oklahoma Society of Certi- attorneys Kevin D. Gordon, lished to recognize faculty fied Public Accountants’ 2016 Mack J. Morgan III, Judy who have exhibited out- Outstanding Accounting Hamilton Morse, Terry M. standing commitment to and Educator Award during the Thomas and John M. support for the university’s Oklahoma Accounting Educa- Thompson as senior fellows, international mission. She tors Conference on April 2 at and attorney Brooke S. Mur- joined the OU College of Law UCO in Edmond. Ms. Teal, phy as a fellow. LCA is an faculty in 2013 after serving an assistant professor of invitation-only trial lawyer for 14 years as an attorney in accounting at UCO, received honorary society established the legal bureau at the U.S. her bachelor’s and master’s to reflect the new face of the Department of State, most degrees in accounting from American bar. recently as the head of the UCO, her J.D. from the OCU Office of Human Rights and ohn Hunsucker of the Hun- School of Law and her post- Refugees. Jsucker Legal Group has doctoral bridge certificate in been selected as a regent for finance and accounting from ichael C. Redman of the National College for DUI the University of Florida. She MNeuens Mitchell Bonds Defense (NIDD). NIDD is a also is the Founder of the PLLC was recently elected as 2,000 plus member defense Clean Slate Program, which president of the Board of organization dedicated to helps at-risk youth improve Directors for the American DUI defense. Additionally, grades, attendance and over- Civil Liberties Union of Okla- Mr. Hunsucker and Austin all academic performance. homa, a nonpartisan organi- Young co-authored “Repre- zation dedicated to defending ames W. Connor Jr. of Rich- senting a Military Client in a individual’s civil rights. Mr. ards & Connor PLLP in DUI Case” which was e-pub- J Redman graduated from the Tulsa was recently inducted lished in the March edition of OU College of Law in 1988 into the International Acade- The Champion, the monthly and practices employment my of Trial Lawyers (IATL) at publication by the National law and civil litigation in their annual meeting held Association of Criminal Tulsa. April 2-6. IATL’s general Defense Lawyers. purposes are to cultivate the ynda C. Ottaway has he board of the American science of jurisprudence, Cbeen named president of TBar Foundation (ABF) has promote reforms in the law, the American College of Trust elected Karl Rysted to be a facilitate the administration of and Estate Counsel (ACTEC). fellow. The fellows is an hon- justice and elevate the stan- ACTEC is a nonprofit asso- orary organization of attor- dards of integrity, honor and ciation of lawyers and law neys, judges, law faculty and courtesy in the legal profes- professors skilled and experi- legal scholars whose public sion. IATL honors those who enced in the preparation of and private careers have have achieved a career of wills and trusts, estate plan- demonstrated outstanding excellence through demon- ning, probate procedure and dedication to the welfare of strated skill and ability in administration of trusts and their communities and to the jury trials, trials before the estates of decedents, minors highest principles of the legal court and appellate practice and incompetents. Ms. Ot- profession. Members are who have attained the highest taway has held several other nominated by their peers and level of advocacy. leadership roles with ACTEC,

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1077 including secretary, treasurer Court of Indian Offenses for trademark, copyright, tech- and president-elect. Ms. Ott- the Seminole Nation for six nology and e-commerce and away earned her J.D from the years prior to his appoint- he assists clients with intel- OU College of Law. ment to the Supreme Court. lectual property matters Judge Robertson is a citizen requiring litigation, licensing, ob Burke was inducted of the Seminole Nation and technology counseling and into the College of Work- B an attorney in private practice complex transactions. He is ers’ Compensation Lawyers at in Seminole. Justice Haskins, currently an adjunct professor an American Bar Association a citizen of the Cherokee and lecturer at the OU Col- meeting in New Orleans. He Nation, practices law in Tulsa, lege of Law. Mr. Schade was nominated by a member has served as special district received his J.D. from the of the college’s Board of judge in Tulsa County and as OU College of Law. Directors. an associate justice of the ller & Detrich PC an- Cherokee Supreme Court. Enounced Nathalie M. aniel A. Nickel has Schaefer has joined the firm Djoined GableGotwals as as an associate attorney. Ms. an of counsel attorney in the Schaefer earned her J.D. from firm’s Oklahoma City office the TU College of Law in where his practice will focus 2015. Ms. Schaefer’s emphasis on oil and gas law and com- will be in real estate transac- mercial law. Nickel is a gradu- tions, civil litigation, probate ate of the OU College of Law. and estate planning. tinson Law Group Sannounced additions to uller, Tubb, Bickford & he law firm of Fellers the firm. Rhonda McLean is FKrahl announced Court- TSnider welcomed Rebecca a 2011 graduate of the OCU ney K. Warmington has Wood Hunter to the firm. Ms. School of Law. Her practice joined the firm as its newest Hunter earned her J.D. from focuses on oil and gas title partner. She is a 1999 gradu- the OU College of Law in law and title curative matters ate of the OCU School of Law, 2002. She has 14 years of including probates and quiet a former administrative law experience in business law, title actions. Kyndal Kliewer judge at the Oklahoma De- estate planning, elder law, is a 1997 graduate of the OCU partment of Labor and has family and divorce law. She School of Law. She adds an taught as an adjunct professor will be based out of the adoption practice to the firm, at the OCU School of Law. firm’s Tulsa office where while also adding to the her practice will focus on ichael L. Brooks has estate planning and business estate planning. become a partner in the law areas. M Brooks Law Firm LLC, for- eginald Smith has been ustice William C. Want- merly Gary L. Brooks and Rassigned to the Food and Jland, a citizen of the Semi- Associates PLLC. Mr. Brooks Drug Administration’s Center nole Nation and chief justice received his J.D. in 2010 from for Drug Evaluation and of the Seminole Nation Su- the OU College of Law. Mr. Research Division of Informa- preme Court, retired March Brooks will continue to focus tion Disclosure Policy. He will 24. Justice Wantland presided on appellate practice and con- focus on Freedom of Informa- over a session of the Supreme stitutional matters, in addition Act issues. He obtained Court at which Justice Roger tion to representing plaintiffs his J.D. from the OCU School Wylie of the Creek Nation in medical malpractice and of Law in 2008. was elected chief justice to other personal injury cases. azes Roberts PLLC, succeed. The outgoing chief unlap Codding an- announced Dale B. Cazes justice also swore in as dis- C nounced Michael A. will head the newly launched trict judge Peary Robertson D Schade has returned to the Oklahoma Tax Help. Oklaho- and as his successor on the firm as senior counsel and ma Tax Help was created by Supreme Court Kyle biotechnology practice group the firm to fight for tax reso- Haskins. Justice Wantland leader. His practice includes lution and mitigation for indi- had served as chief justice for all areas of intellectual prop- viduals and companies. the past five years and served erty law including patent, as chief magistrate of the

1078 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 ichards & Connor Larimore as vice president of sel. Mr. Rudnicki received his Rannounced Bradford J. economics and Joel W. Har- J.D. from the OU College of Williams Jr. has become of mon, Jeffrey T. Hills and Law in 2001. He has experi- counsel with the firm. Mr. Drew T. Palmer as members. ence in oil and gas acquisi- Williams graduated from the Ms. Rother is a director and tions and divestitures, trans- TU College of Law while also member of several practice actions and general corporate serving in the Air National groups, including litigation matters as well as experience Guard. Mr. Williams practices and trial, insurance, health- in global sales and opera- primarily in the fields of real care and appellate. Her expe- tions legal support. Ms. Wat- estate, franchising, employ- rience and practice focus son received her J.D. from ment and contracts and also includes commercial, class the University of Pennsylva- continues as general counsel action, insurance and health- nia Law School in 2005. Her for Mazzio’s LLC. care litigation. She is also practice will focus on corpo- experienced in ethics and pro- rate, banking and financial raves McLain PLLC fessional liability litigation services. Gannounced the relocation and serves as loss prevention and expansion of the law firm and claims counsel to the to its new office at 4137 S. firm. She is a graduate of the Harvard Ave., Suite F, Tulsa, OU College of Law. A director 74135. The firm continues to at the firm, Mr. Harmon provide legal representation serves in the banking and in the area of personal injury financial institutions and law, including automobile bankruptcy and creditor’s collisions, medical malprac- rights practice groups. He Marty Lud- tice, wrongful death and focuses his practice in com- CO professor lum defective medical devices. mercial and banking law, U recently spoke to the Graves McLain PLLC also lending transactions, work- Southern Academy of Legal Brian Carter welcomed as an outs and restructurings, bank- Studies in Business in San associate to the firm. Mr. ruptcy litigation, creditor’s Antonio. His three presenta- Carter’s area of practice will rights law and defense of tions were Katie’s Law: Oklaho- focus on personal injury, financial institutions. He ma’s Medical Marijuana Law, including motor vehicle colli- obtained his J.D. from the OU Forget Video Poker Kemo Sabe: sion, premise liability and College of Law. Mr. Palmer is Sell Marijuana on Tribal Lands medical malpractice. Mr. a director and member of the and Employee Privacy Outside Carter is a 2015 graduate of firm’s intellectual property the Workplace. the TU College of Law. practice group, specializing in evin Kuhn, a 1977 gradu- all Estill announced the litigation and conflict resolu- Kate of the OU College of Hopening of its fifth office tion in the software, internet Law, was a featured speaker in Denver. The new Denver and other high-technology at the Defense Research Insti- office will initially be com- industries. He handles patent, tute’s 2016 Medical Liability posed of long-time energy copyright and trademark and Health Care Seminar in industry attorney James J. infringement matters for his New Orleans on March 10-11. “Jim” Bender and Denver- clients and assists in the pro- Mr. Kuhn co-presented The area lawyers. The immediate tection and enforcement of Hearts Have It, a multidisci- focuses of the Denver practice his clients’ other intellectual plinary discussion of the will include oil and gas, cor- property interests. Mr. Palmer anatomy and function of the porate, intellectual property received his law degree from heart, diagnostic tools to mea- and environmental law. Mr. the OU College of Law. sure heart function, indica- Bender also serves as an all Estill announced the tions and timing of surgery independent director of two Haddition of Raymond versus catheterization and publicly traded companies. “Ray” S. Rudnicki and new hybrid catheterization labs where surgeon and cardi- rowe & Dunlevy has Moira C.G. Watson, to the ologist meet. He is a civil- named Timila S. Rother firm’s Oklahoma City office. C litigation defense attorney, a president and CEO and elect- Mr. Rudnicki joins the prac- retired U.S. Air Force colonel ed its 2016 Executive Com- tice as a shareholder and Ms. and former JAG prosecutor. mittee, including James W. Watson joins as special coun-

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1079 aith Orlowski spoke to If you are an OBA member and (Oklahoma-based publications Fthe Sooner Association of you’ve moved, become a part- are the exception.) Information Division Order Analysts at ner, hired an associate, taken selected for publication is the Tulsa County Club on on a partner, received a promo- printed at no cost, subject to April 13. She discussed Acqui- tion or an award, or given a editing, and printed as space sitions and Divestitures from the talk or speech with statewide permits. Division Order Analyst’s Point or national stature, we’d like Submit news items via email to: to hear from you. Sections, of View. She received her J.D. Laura Stone committees, and county bar Communications Dept. in 1978 from the University associations are encouraged of Texas. Oklahoma Bar Association to submit short stories about 405-416-7018 How to place an announce- upcoming or recent activities. [email protected] ment: The Oklahoma Bar Journal Honors bestowed by other welcomes short articles or publications (e.g., Super Law- rticles for the Sept. 10 issue news items about OBA mem- yers, Best Lawyers, etc.) will not Amust be received by Aug. 8. bers and upcoming meetings. be accepted as announcements.

IN MEMORIAM

auren Lester Allison of udge Elvin J. Brown of Boy Scouts, 40 & 8, Norman LBristow died March 17. JNorman died March 24. He Lions Club, Masons and the She was born April 22, 1982, was born April 4, 1922, and India Unit of the Shriners. in Tusla. She obtained a B.A. grew up on the family farm in Judge Brown believed that part from TU and went on to earn Larned, Kansas, attending of the responsibility of an her J.D. from the TU College rural school and graduating attorney is to give back to the of Law in 2006. She worked in from Zook High School in community that he is part of private practice throughout 1940. He left college to join and he lived that responsibility. Creek County for three years the U.S. Navy in September ynthia Shea Goosen before taking the position 1942 where he trained as a of of coordinator of academic pilot. He returned to McPher- CSherman, Texas, died resources and bar support for son College in 1946 to com- April 20. She was born the TU College of Law. There plete his degree and then Sept. 10, 1960, in Dallas and she worked directly with stu- went on to graduate from the lived in Sherman for most of dents preparing for the exam OU College of Law in 1950. her life, graduating from Sher- and served as a liaison with He served as assistant county man High School. She later bar prep professionals. She attorney from 1950 to 1955, graduated magna cum laude served as president of the then was elected Cleveland with a B.A. from Southern Creek County Bar Associa- County judge. He was later Methodist University in 1982. tion, a CLEET certification appointed as district judge for She then went on to the SMU instructor and a member of Cleveland, McClain and Dedman School of Law where the OBA Professionalism and Garvin counties where he pre- she earned many honors Civil Procedure Committees. sided for 24 years. He then including magna cum laude She also completed the inau- entered private practice in and Order of the Coif, receiv- gural Oklahoma Bar Associa- Norman until his retirement ing her J.D. in 1985. She be- tion Leadership Class in 2009. in 2010. He served on several gan the practice of law with At the time of her death she boards, including the Cleve- Cowles & Thompson, becom- was president and CEO of land County Law Library ing partner. There she learned Soundless Echo Media LLC in Board, Board of Bar Examiners the art of advocacy and zeal- Bristow. and was active with several ous representation of her cli- civic organizations including ents, most especially, the med- the Salvation Army, Health for ical profession she loved and Friends, J.D. McCarty Center, served throughout her career.

1080 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 In 1992, Ms. Goosen became a with the rank of lieutenant for several years. He taught at partner at Cooper & Scully, colonel, retiring in 1966 after OCCC, Redlands and Rose building and maintaining its a total of 22 years. He had a State Colleges. In lieu of flow- Sherman office. She earned general law practice from ers, send a donation to the the admiration and respect of 1948-1957 before joining his general scholarship fund at countless judges, colleagues, father’s manufacturing com- OCCC or other school of your adversaries, clients and jurors pany until his retirement in choice. throughout north Texas. 1982. After retirement he con- regory Louis Sweeney tinued to provide pro bono of harles Gordon Harris of legal service to nonprofit GHouston died March 25. CTulsa died Feb. 16 in Ida- organizations. He founded Mr. Sweeney was born bel. He was born Sept. 13, Free to Live animal sanctuary, Aug. 20, 1945, in Fairborn, 1966, in Oklahoma City. After was a life member of the Ohio. He received his B.A. high school, he graduated Oklahoma County Mental from the University of Texas from OU in 1992 with a B.A. Health Association, a found- in 1965 and his J.D. from the in philosophy. Mr. Harris ing board member of the University of Houston Law After gradua- worked in the Child Support CARE Center, served as a Center in 1970. tion, he proudly served his Enforcement Division of DHS volunteer for Lawyers for country and practiced law in from 1997-2003 when he left Children and was presented the U.S. Air Force while on to attend Washburn Universi- the National Volunteer of the active duty, retiring as a ty in Topeka, Kansas, where Year award from the National major in the Air Force he obtained his J.D. and was Children’s Alliance for his Reserve. admitted to the Oklahoma bar work on behalf of Oklahoma For many years he in 2005. He returned to work County’s abused children. In practiced law in the oil and for DHS as a child support lieu of flowers, donations can gas industry. He was involved enforcement specialist and be made to Free to Live (or with Big Brothers and Big Sis- was promoted to a child sup- better yet, rescue an animal ters, Knights of Columbus, port enforcement attorney in in his honor). numerous veteran charities, the Tulsa Child Support various other civic organiza- Enforcement - West Office in om “Tommie” R. Ste- tions and was a lifetime mem- 2007. He was eventually Tphenson of Oklahoma ber of the Houston Livestock appointed as the managing City died April 9. He was Show and Rodeo. In lieu of attorney in the McCurtain born June 8, 1938, in Calla- flowers, donations in Mr. County Child Support Office way, Nebraska, and graduat- Sweeney’s memory may be in Idabel. He worked every ed from East High School in directed to Society of St. Vin- day to serve the public and to 1954. He attended Wichita cent de Paul at 713-403-4197. support his staff in that University from 1954-1959 hyllis L. Zimmerman- shared pursuit. and the OCU School of Law Wade where he obtained his J.D. in P of Tulsa died ill Larson of Edmond died 1967 and M.L.A. in 1994. Mr. April 4. She was born BApril 15. He was born July Stephenson served in the March 24, 1931, in Arkansas 14, 1920, in Bartlesville but U.S. Army Reserve from City, Kansas, but moved with grew up in Oklahoma City 1958-1965. He was admitted her family to Ponca City and and graduated from Classen to the Oklahoma bar in 1967 later Tulsa. She graduated High School. He received and practiced law for 45 from Will Rogers High School both his B.A. and J.D. from years. He was appointed as a in 1948, attended Oklahoma He served in the U.S. OU. special judge for the Oklaho- Baptist University, then later Army during WWII as a pilot ma City Municipal Court in graduated from TU in 1952. in-structor and continued his 2004. He also served three After several years of working military service with the 95th terms in the Oklahoma Leg- as an executive or legal secre- Division Army Reserve. He islature from 1974-1980 as a tary, in 1963 she received her was recalled to active duty proud democrat. He enjoyed J.D. from Washington College during the Korean Conflict local theater and was an avid of Law at the American Uni- and flew 111 combat mis- pilot, serving on the Oklaho- versity in Washington, D.C. sions. He last served in the ma Aeronautics Commission She was admitted to the Okla- Army as staff judge advocate homa bar in 1963 and was

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1081 also admitted to practice more than 5,000 adoption in Law Committee, was a before the U.S. Supreme Court cases in her 50-year law temporary judge of the Okla- and Northern District of Okla- career. She was nationally homa Court of Appeals and homa. She practiced real honored as an “Angel in received the Outstanding estate, probate and guardian- Adoption,” received the Mona Community Service Award ships but her passion was for Salyer Lambird Spotlight from the Oklahoma Adoption adoption law and she handled Award from the OBA Women Coalition.

OKLAHOMA BAR JOURNAL EDITORIAL CALENDAR

n August 2016 Issues 2017 Issues Technology & Office n Management August n January Bankruptcy Meet Your Bar Association Editor: Amanda Grant [email protected] Editor: Amanda Grant Editor: Carol Manning [email protected] Deadline: May 1, 2017 n Deadline: May 1, 2016 February n Energy Law September n Bar Convention September Editor: Luke Adams Editor: Carol Manning Bar Convention [email protected] Editor: Carol Manning Deadline: Oct. 1, 2016 n October n Insurance Law October n March Real Property Work/Life Balance Editor: Renée DeMoss [email protected] Editor: Shannon Prescott Editor: Melissa DeLacerda Deadline: May 1, 2017 [email protected] [email protected] Deadline: May 1, 2016 Deadline: Oct. 1, 2016 n November n Administrative Law November n April Trial by Jury Law Day Editor: Mark Ramsey [email protected] Editor: Melissa DeLacerda Editor: Carol Manning [email protected] Deadline: Aug. 1, 2017 n Deadline: Aug. 1, 2016 May n Constitutional Law December n Ethics & Professional December Editor: Erin L. Means Responsibility Ethics & Professional [email protected] Editor: Leslie Taylor Responsibility Deadline: Jan. 1, 2017 Editor: Renée DeMoss [email protected] [email protected] Deadline: Aug. 1, 2017 Deadline: Aug. 1, 2016 If you would like to write an article on these topics, contact the editor.

1082 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 WHAT’S ONLINE

What’s Your Sign? Memorial Day in OBA MAP Director Jim Calloway discusses the importance of first impressions and how Oklahoma the signage for your business should be well If you’re looking for something to do on maintained. Memorial Day, look no further! Here are 15 goo.gl/XRWyaB different ways to celebrate in Oklahoma from attending a patriotic ceremony to enjoying a weekend on the water. goo.gl/Cx1Z8J

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Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1083 CLASSIFIED ADS

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1084 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 POSITIONS AVAILABLE POSITIONS AVAILABLE

NORMAN LAW FIRM IS SEEKING sharp, motivated SOUTH TULSA LAW FIRM HAS AN OPENING FOR attorneys for fast-paced transactional work. Members A PARALEGAL. We are looking for a candidate that of our growing firm enjoy a team atmosphere and an has background experience in insurance defense; energetic environment. Attorneys will be part of a cre- trucking experience would be a plus. The duties in- ative process in solving tax cases, handle an assigned volve the management of all of the documents related caseload, and will be assisted by an experienced support to the defense of personal injury cases. The ability to staff. Our firm offers health insurance benefits, paid va- request, organize and review medical records is a must. cation, paid personal days, and a 401K matching pro- The duties also include preparing matters for signifi- gram. Applicants need to be admitted to practice law in cant events such as a deposition, mediation or trial. Oklahoma. No tax experience necessary. Submit cover Candidate should have excellent organization skills. letter and résumé to [email protected]. Please send your resume to [email protected]. DOWNTOWN LITIGATION FIRM SEEKING ATTOR- STILLWATER CITY ATTORNEY’S OFFICE seeks appli-

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LO GAN COUNTY DISTRICT ATTORNEY’S OFFICE located in Guthrie. Minimum 5 years major crimes jury with Oklahoma City and Tulsa area markets and in- trial experience required. Prosecution experience pre- cludes a generous city employee benefits package. Re- ferred. Must have strong work ethic and ability to profes- location benefits may also be offered. Send resume, sionally work with partner agencies, law enforcement short writing sample and references by June 1, 2016, to and the bar. Send resume and contact information to Kerry Lee, Human Resources Department, City of Still- [email protected]. water, P.O. Box 1449, Stillwater, OK 74076 or email to [email protected]. CONNER & WINTERS, A REGIONAL FULL SERVICE ATTORNEY POSITION IN SOUTH OKC FIRM. We are

FIRM, SEEKS ASSOCIATE ATTORNEY with 2 to 4 looking for one or two highly motivated attorneys to years of experience for a full-time litigation position in help assist with personal injury, criminal defense and Oklahoma City. The ideal candidate will possess excel- family law case load as well as any other areas the at- lent legal writing and research skills, a willingness to torney is versed in. Pay can be based on percentage of work closely with senior attorneys while independent- work, salary or combination of both. Send resume to ly taking responsibility for challenging projects and [email protected]. cases in a variety of energy related industries. This unique position will be part of a dynamic litigation TWO ATTORNEY POSITIONS OPEN FOR WORK IN team responsible for complex, multi-party cases in- THE OKLAHOMA CITY metropolitan area beginning volving unique and strategic client issues in multiple July 1, 2016. Moderate to heavy criminal defense case- states. Creativity and a strong academic background load. Experienced preferred, but not mandatory. Base will contribute to the team’s analysis and implementa- pay of $3,500 per month with opportunity for addition- tion of critical key solutions in major cases. This part- al income available. Office space, secretary and mal- nership track position is immediately available and practice insurance provided. Additional benefits not provides top of the market compensation and benefits. provided. Include a letter of interest and writing sam- Applicants should submit resume, law school tran- ple with your resume. Send to “Box K,” Oklahoma Bar script and writing sample under cover letter to “Re- Association, P.O. Box 53036, Oklahoma City, OK 73152. cruiting Coordinator” via email to OKCRecruiting@ cwlaw.com. All applications are confidential. OKLAHOMA CITY BOUTIQUE OIL AND GAS FIRM SEEKS TITLE ATTORNEY with at least five years of di- PAYCOM IS HIRING A STAFF ATTORNEY. Experi- rect experience rendering title opinions for lands in Tex-

ence in contract drafting and negotiating preferred. as. Must be licensed to practice law in Texas. Please sub- Ideal candidate has 1-3 years’ experience in tax, em- mit cover letter and resume to [email protected]. ployment and/or corporate law. Must be licensed to practice in Oklahoma. Salary and benefits. Apply at TULSA LAW FIRM SEEKS STAFF ATTORNEY OR AS- careers.paycom.com. SOCIATE to lead growing personal injury division. Ex- perienced PI practitioners and newly licensed attorneys THE OKLAHOMA BAR ASSOCIATION HEROES pro- with PI internships are encouraged to inquire. Nego- gram is looking for several volunteer attorneys. The tiable compensation includes base salary plus perfor- need for FAMILY LAW ATTORNEYS is critical, but at- mance incentives. All inquiries are confidential. Send torneys from all practice areas are needed. All ages, all replies to “Box NN, Oklahoma Bar Association, P.O. counties. Gain invaluable experience, or mentor a Box 53036, Oklahoma City, OK 73152. young attorney, while helping someone in need. For more information or to sign up, contact Gisele Perry- man, 405-416-7086 or [email protected].

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1085 POSITIONS AVAILABLE POSITIONS AVAILABLE

MCAFEE & TAFT IS SEEKING AN ASSOCIATE AT- THE OK HEALTH CARE AUTHORITY IS SEEKING TORNEY WITH 1-3 YEARS EXPERIENCE to join its AN ATTORNEY II/III. Serve as second chair in state Litigation Practice Group in its OKLAHOMA CITY of- and federal court litigation. Assist attorneys of higher fice. Ideal candidates will have experience in research level with legal research and assists with discovery. and writing, fact investigation, hearings, depositions This may include court appearances for the agency, and case evaluation, and will be highly motivated and pleadings in state and federal court and negotiation able to manage a diverse caseload of civil litigation with counsel. Conduct administrative hearings for the matters. Top academic performance, strong writing agency. Litigate administrative actions for the agency and analytical skills, interpersonal skills and the ability regarding program issues within the Medicaid Pro- to work in a team environment are required. Please gram. Defend OHCA post-payment audits. Represent submit resume, law school transcript, and a writing the agency in administrative proceedings by defending sample to Rodney Hunsinger at McAfee & Taft A Pro- appeals filed by medical providers challenging post- fessional Corporation, Two Leadership Square, 10th payment audit appeals. This may include filing plead- Floor, 211 N. Robinson, Oklahoma City, OK 73102. All ings and briefs, conducting discovery, legal research, inquiries will be treated confidentially. No emails or witness preparation, and entering negotiations and po- phone calls, please. tential settlement with the opposing party. Coordinate with the Office of the Attorney General Medicaid Fraud PAYCOM IS HIRING A COMPLIANCE ATTORNEY. and Control Unit concerning Medicaid fraud and Experience in payroll/tax, benefits, employment, im- abuse. Serve as principal contact for the provision of migration or HR law preferred. Ideal candidate has 3-7 legal advice and assistance to major administrative years’ experience researching in one or more of these units (e.g. Human Resources, Program Integrity, Fi- areas. Must be licensed to practice in Oklahoma. Salary nance, etc.). Serve in-house counsel needs for particu- and benefits. Apply at careers.paycom.com. lar questions regarding program area in consultation with other attorneys in the division regarding legal MCAFEE & TAFT IS SEEKING AN ASSOCIATE AT- matters. Answer general program questions. Analyze, TORNEY WITH 1-3 YEARS EXPERIENCE to join its review and determine impact of proposed legislation. Litigation Practice Group in its TULSA office. Ideal can- Act as liaison to the legislature on select issues. Review, didates will have experience in research and writing, analyze, and appear at legislative committees when re- fact investigation, hearings, depositions and case eval- quested to take agency position or answer legal ques- uation, and will be highly motivated and able to man- tions regarding agency action. Analyze, research and age a diverse caseload of civil litigation matters. Top review record requests that involve the Open Records academic performance, strong writing and analytical Act, HIPAA or Medicaid confidentiality laws. Annual skills, interpersonal skills and the ability to work in a salary of $64,997-$76,087. Must be an active member in team environment are required. Please submit resume, the State Bar of Oklahoma and have at least three years law school transcript and a writing sample to Craig of experience in the practice of law. Preference may be Buchan at McAfee & Taft A Professional Corporation, given to candidates with legal experience within the 1717 S. Boulder, Suite 900, Tulsa, OK 74119. All inqui- health care industry and/or experience processing ad- ries will be treated confidentially. No emails or phone ministrative law cases. To apply visit www.okhca.org/ calls, please. jobs. Submit application by May 30, 2016. EOE. Reason- FAST-PACED OKC INJURY FIRM SEEKS ASSOCIATE able accommodation may be made for individuals with ATTORNEY. Ideal candidate will possess 1 - 5 years of disabilities. experience in personal injury and/or insurance defense. We are looking for someone who is hard-work- POSITIONS WANTED ing, highly-organized and able to work independently. Offering competitive pay with excellent income poten- ATTORNEY SEEKING A PART-TIME POSITION in the tial. Please submit resume and writing sample to “Box Tulsa, Owasso or surrounding area. Extensive experi- BB,” Oklahoma Bar Association, P.O. Box 53036, Okla- ence in preparing Supplemental and Division Order homa City, OK 73152. Title Opinions. Experience in preparing wills and trusts. Available to work in your office or offsite. Call AV RATED DOWNTOWN OKC INSURANCE DE- Sandra at 918-798-6655. FENSE FIRM seeks associate with 7 to 10 years litigation experience in bad faith/civil litigation. Candidate LOOKING TO PURCHASE should be self-motivated, detail oriented and have strong research and writing skills. The primary duties LOOKING TO EITHER PURCHASE A FIRM/BOOK of the position will involve briefing and written discov- OF BUSINESS OR A PARTNERSHIP in Oklahoma City ery. Salary and benefits commensurate with experience. or Tulsa. This could be a great opportunity for someone Send replies to “Box GG,” Oklahoma Bar Association, looking to retire, move or switch careers. Also, I have P.O. Box 53036, Oklahoma City, OK 73152. extensive experience in civil litigation and could com- pliment your area of practice if you consistently have clients looking for a civil/trial attorney. Please contact me at [email protected]. All inquiries will be kept strictly confidential.

1086 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 POSITIONS AVAILABLE

OKLAHOMA CITY AV RATED MEDICAL MAL-

PRACTICE AND INSURANCE DEFENSE FIRM SEEKS AN ASSOCIATE ATTORNEY with zero to three LEND A HAND years’ experience. Candidate must be highly motivated, possess the ability, experience and confidence to appear in court for motion hearings and trial. Position requires strong communication, research and writing to a hero skills. Competitive benefits and compensation package will be commensurate with experience. All replies are kept in strict confidence. Applicants should submit resume, cover letter and writing sample to emcpheeters@ johnsonhanan.com. TRUST OFFICER POSITION AVAILABLE IN SOUTH-

EAST OKLAHOMA. Large national bank with well- established trust department is seeking attorney with 5 years’ experience in mineral management and oil and gas leasing. Undergraduate degree in business administration, accounting or finance is required. Position involves management of 30 - 40 current trust accounts Oklahoma and coordination with in-house auditors and CPAs for Lawyers for trust clients. Applicants must have good communication skills, work well with the elderly and disabled and America s the team of trust officers in the department. Applicants ’ must be admitted to practice law in Oklahoma. Bank offers health insurance and 401(K) plan matching pro- Heroes is gram. Submit cover letter and resume with references to [email protected]. currently looking for STAFFING CHANGE volunteers JOHN M. MAHONEY HAS RETIRED from his associ-

ate general counsel position with the Oklahoma Educa- tion Association (OEA) in Oklahoma City effective April 29, 2016. Timothy M. Melton has also joined the OEA as an associate general counsel effective June 1, 2016. The OEA wishes John well in his retirement endeavors and extends a warm welcome to Tim in his new position. CLASSIFIED INFORMATION

REGULAR CLASSIFIED ADS: $1.25 per word with $35 mini- the need for family law mum per insertion. Additional $15 for blind box. Blind box volunteers is critical, word count must include “Box ___,” Oklahoma Bar Associa- tion, PO Box 53036, Oklahoma City, OK 73152.” but attorneys from all DISPLAY CLASSIFIED ADS: Bold headline, centered, border practice areas are needed. are $60 per inch of depth. DEADLINE: See www.okbar.org/members/BarJournal/ TO VOLUNTEER advertising.aspx or call 405-416-7084 for deadlines. Contact Gisele K. Perryman SEND AD (email preferred) stating number of times to be 405-416-7086 published to: [email protected] [email protected], or or sign in to MyOKBar Mackenzie McDaniel, Oklahoma Bar Association, PO Box 53036, Oklahoma City, OK 73152. Publication and contents of any advertisement are not to be deemed an endorsement of the views expressed therein, nor shall the publication of any advertisement be considered an endorsement of the procedure or service involved. All placement notices must be clearly nondiscriminatory. DO NOT STAPLE BLIND BOX APPLICATIONS.

Vol. 87 — No. 14 — 5/21/2016 The Oklahoma Bar Journal 1087 THE BACK PAGE

The Navy Blazer By Mark S. Darrah

In 1975 John T. Molloy wrote 1980s, vast numbers of those that well serves attorneys often Dress for Success advising men involved in the building trades descended into dark cynicism. how to choose and wear clothes had become ill or died. One early summer afternoon, to succeed in their chosen pro- Mass tort claims were not con- I gathered with other lawyers fessions, and in the corporate solidated then. Each party for the deposition of an asbestos world. His book for women fol- claiming injury or death sepa- widow in the conference room lowed two years later, both rately sued the major producers of an Oklahoma City attorney. becoming best sellers. When law of asbestos and related products. Mrs. Jones was in her mid-50s students started thinking about and had the ash blonde hair of interviewing for jobs in those a Breck model. Except for the days, they read the results of court reporter, the witness was Molloy’s studies and followed the only female in the room. his suggestions. Lead defense counsel began his When I graduated from law bloodless inquiry. I looked school in 1982, I bought a gray around and realized every attor- pinstripe suit, a dark blue suit ney in the room wore a navy and a navy blazer with two sets blazer or had one hanging on of trousers. Mr. Molloy would the coat rack in the corner. have been proud. Tears rolled down Mrs. Jones’ The insurance defense firm face when asked the date she where I worked represented a had married her husband. More major insulation manufacturer tears fell when questioned about in asbestos litigation. Asbestos, her late husband’s children. that platypus of the mineral When asked the date of his world, is a stone, but has fibers death, Mrs. Jones wept with the like a plant. Durable and resis- heartbreak of only those who tant to fire and heat, asbestos have ever truly loved. proved to be a versatile building The lead attorney stopped his material in the first half of the rote questions and took a break. 20th century, most commonly Not one of us gathered lawyers used as fireproof insulation. In showed this woman any com- the post-World War II construc- passion. Not one. When the tion boom, the use of asbestos deposition concluded, I found became ubiquitous. my navy blazer among the oth- Asbestos turned out to be far ers on the coat rack and drove less than ideal. It is toxic. Expo- back to Tulsa. sure to its micro-particles can One defense lawyer deposed That jacket was put on a few lead to asbestosis, mesothelioma each plaintiff following a script. more times and then set aside. and lung cancer. Tiny fibers Young associates attended for lodge in one’s lungs and trigger the other defendants and asked I haven’t worn a navy blazer a chronic inflammatory process few questions. It seemed like since. that results in COPD, cancer and everyone had an asbestos claim Mr. Darrah is a general civil often death. Years pass before and the hard-edged skepticism practice attorney in Tulsa symptoms develop. By the early

1088 The Oklahoma Bar Journal Vol. 87 — No. 14 — 5/21/2016 FREE 3/1

with the Co-sponsored by the Oklahoma Supreme Court Moderator: Justices Oklahoma Supreme Court Panelists: Paul Wesselhoft, Okla. House of Rep., Dist. 54 Chief Justice John Reif Anil V. Gollahalli, General Counsel, Univ. of Okla. The film is based on the true story of the late Maria Altmann, an elderly Jewish refugee, who, together with her young lawyer, Randy Schoenberg, fought the June 14, 2016 government of Austria for almost a decade to reclaim Gustav Klimt's iconic painting of her aunt, Portrait of Adele Bloch-Bauer I, which was stolen from her 6 - 8:40 p.m. relatives by the Nazis in Vienna just prior to World War II. Altmann took her Oklahoma Judicial Center, legal battle all the way to the Supreme Court of the United States, which ruled 2100 N. Lincoln Blvd., Oklahoma City, OK on the case Republic of Austria v. Altmann (2004).

To register go to: www.okbar.org/members/CLE THE BROOKS LAW FIRM TRIAL AND APPELLATE ADVOCACY