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Vol 91 No 9 (May 8) Volume 91 — No. 9 — 5/8/2020 Court Issue AVAILABLE IN OUR CLE ONLINE ANYTIME CATALOG MCLE 1/0 AN IMPENDING Program Planner: Alyssa Bryant CROSSROAD: Staff Attorney dedicated to Palomar, Oklahoma City’s Family Justice Center, Legal Aid Services of LGBT RIGHTS UNDER TITLE VII OF Oklahoma, Inc. THE CIVIL RIGHTS ACT OF 1964 This webcast will examine: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U.S. 228 (1989). Whether discrimination against an employee because of sexual orientation Stay up-to-date and follow us on constitutes prohibited employment discrimination “because of...sex” within the meaning of Title VII. to register go to www.okbar.org/cle 416 The Oklahoma Bar Journal Vol. 91 — No. 9 — 5/8/2020 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2020 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 91 – No. 9 – May 8, 2020 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor AARON BUNDY, Tulsa BAR JOURNAL are selected by the Board of Editors. Information about submissions can [email protected] CASSANDRA L. COATS, be found at www.okbar.org. Vinita LAURA STONE PATRICIA A. FLANAGAN BAR CENTER StaFF Advertising Manager Yukon John Morris Williams, Executive Director; Gina [email protected] L. Hendryx, General Counsel; Richard Stevens, AMANDA GRANT, Spiro Ethics Counsel; Jim Calloway, Director of Man- LAURA WOLF VIRGINIA D. HENSON, Norman agement Assistance Program; Craig D. Combs, Communications Specialist Director of Administration; Susan Damron, [email protected] C. SCOTT JONES, Director of Educational Programs; Beverly Petry Oklahoma City Lewis, Administrator MCLE Commission; Carol A. Manning, Director of Communications; Rob- ROY TUCKER bin Watson, Director of Information Technology; Muskogee Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Melody Claridge, Cheryl Corey, Ben Douglas, Dieadra Florence, Johnny SUSAN B. SHIELDS, President, Oklahoma City; Marie Floyd, Matt Gayle, Suzi Hendrix, BRANDI N. NOWAKOWSKI, Vice President, Shawnee; MICHAEL C. Debra Jenkins, Rhonda Langley, Jamie Lane, MORDY, President-Elect, Ardmore; CHARLES W. CHESNUT, Durrel Lattimore, Edward Maguire, Renee Montgomery, Whitney Mosby, Tracy Sanders, Immediate Past President, Miami; MATTHEW C. BEESE, Muskogee; Mark Schneidewent, Laura Stone, Kurt Stoner, MICHAEL J. DAVIS, Durant; TIM E. DECLERCK, Enid; JOSHUA A. Krystal Willis, Laura Willis, Laura Wolf & EDWARDS, Ada; AMBER PECKIO GARRETT, Tulsa; BRIAN T. Roberta Yarbrough HERMANSON, Ponca City; ANDREW E. HUTTER, Norman; DAVID T. Oklahoma Bar Association 405-416-7000 MCKENZIE, Oklahoma City; BRIAN K. MORTON, Oklahoma City; Toll Free 800-522-8065 MILES T. PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; FAX 405-416-7001 D. KENYON WILLIAMS JR., Tulsa; JORDAN L. HAYGOOD, Chair- Continuing Legal Education 405-416-7029 person, OBA Young Lawyers Division, Shawnee Ethics Counsel 405-416-7055 General Counsel 405-416-7007 Lawyers Helping Lawyers 800-364-7886 The Oklahoma Bar Journal Court Issue is published twice Mgmt. Assistance Program 405-416-7008 monthly and delivered electronically by the Oklahoma Bar Mandatory CLE 405-416-7009 Association, 1901 N. Lincoln Boulevard, Oklahoma City, Board of Bar Examiners 405-416-7075 Oklahoma 73105. Oklahoma Bar Foundation 405-416-7070 Subscriptions $60 per year that includes the Oklahoma Bar Journal magazine published monthly, except June and July. Law students registered with the OBA and senior members www.okbar.org may subscribe for $30; all active members included in dues. Vol. 91 — No. 9 — 5/8/2020 The Oklahoma Bar Journal 417 418 The Oklahoma Bar Journal Vol. 91 — No. 9 — 5/8/2020 OKLAHOMA BAR ASSOCIATION table of contents May 8, 2020 • Vol. 91 • No. 9 page 420 Index to Court Opinions 421 Opinions of Supreme Court 473 OBA Member Reinstatements and Resignations 475 Disposition of Cases Other Than by Publication Vol. 91 — No. 9 — 5/8/2020 The Oklahoma Bar Journal 419 Index to Opinions of Supreme Court SCAD No. 2020-37 Re: Reinstatement of Certificate of Certified Shorthand Reporters ................. 421 2020 OK 22 ORDER REGARDING THE CORONAVIRUS AID, RELIEF, AND ECONOM- IC SECURITY ACT (CARES ACT, PUBLIC LAW NO. 116-136) SCAD 2020-38 ....................... 421 SCAD No. 2020-39 Re: Publication of SCAD Orders 2020-24, 2020-29, and 2020-36 ...................... 424 2020 OK 17 IN RE: Rules Creating and Controlling the Oklahoma Bar Association [Article IV, Sec. 1(b)] SCBD No. 4483 ............................................................................................................. 427 2020 OK 20 LEWIS R. METCALF, Petitioner/Appellee, v. BONNIE L. WATSON MET- CALF, Respondent/Appellant. Case No. 115,743 .......................................................................... 428 2020 OK 21 STATE OF OKLAHOMA, ex rel. OKLAHOMA BAR ASSOCIATION, Com- plainant, v. JOHN THOMAS GREEN, Respondent. Rule 6. SCBD No. 6798 ............................ 428 2020 OK 26 THE LEAGUE OF WOMEN VOTERS OF OKLAHOMA, ANGELA ZEA PAT- RICK, and PEGGY JEANNE WINTON, Petitioners, v. PAUL ZIRIAX, SECRETARY OF THE OKLAHOMA STATE ELECTION BOARD, in his official capacity, Respon- dent. No. 118,765 ................................................................................................................................. 435 2020 OK 27 ROBINSON KENNETH ROGERS, Plaintiff/Appellant, v. ESTATE OF JUDITH K. PRATT DECEASED, Defendant/Appellee. No. 117,671 .......................................... 436 2020 OK 28 BILLY HAMILTON, Plaintiff/Appellant, v. NORTHFIELD INSURANCE COMPANY, Defendant/Appellee. No. 117,707.............................................................................. 442 2020 OK 29 NATURAL GAS PIPELINE COMPANY OF AMERICA LLC, Plaintiff/Appel- lee, v. FOSTER OK RESOURCES LP, Defendant/Appellant. No. 118,185 ................................. 447 2020 OK 30 SHELLI FARLEY, individually and as surviving spouse of JASON FARLEY, deceased, Plaintiff/Appellant, v. CITY OF CLAREMORE, OKLAHOMA, Defendant/ Appellee. No. 115,400 ......................................................................................................................... 452 420 The Oklahoma Bar Journal Vol. 91 — No. 9 — 5/8/2020 Opinions of Supreme Court Manner and Form of Opinions in the Appellate Courts; See Rule 1.200, Rules — Okla. Sup. Ct. R., 12 O.S. Supp. 1996 (1997 T. 12 Special Supplement) SCAD No. 2020-37. April 30, 2020 2. In order to address residential evictions, an issue that has health and safety implications, Re: Reinstatement of Certificate of Certified and pursuant to our superintending author- Shorthand Reporters ity under Article 7, Section 4 of the Oklaho- ORDER ma Constitution, this Court adopts and man- dates the implementation of the following The Oklahoma Board of Examners of Certi- temporary pleading requirement. fied Shorthand Reporters recommended to the Supreme Court of Oklahoma that the certifi- A. In support of a Petition for Forcible cate of each of the Oklahoma Certified Short- Entry and Detainer or Affidavit for Pos- hand Reporters named below be reinstated as session filed on or after March 27, 2020, they have complied with the continuing educa- the date of passage of the CARES Act, tion requirements for 2019 and annual certifi- the Plaintiff in any action for eviction cate renewal requirements for 2020 and have shall affirmatively plead that the prop- paid all applicable fees. erty that is the subject of the eviction dispute is or is not a covered dwelling IT IS HEREBY ORDERED pursuant to 20 under the CARES Act. O.S., Chapter 20, App. 1, Rules 20 and 23, the certificates of the following shorthand report- B. This requirement shall be met by the fil- ers are reinstated from the suspension earlier ing of the attached VERIFICATION OF imposed by this Court: COMPLIANCE WITH SECTION 4024 OF THE CARES ACT. The Plaintiff shall Name CSR# Effective Date supplement all pending cases where the of Reinstatement Petition or Affidavit for Possession was Kortney Houts 1804 April 15, 2020 not filed with a Verification of Compli- ance with Section 4024 of the CARES Dana Burkdoll 1955 April 23, 2020 Act. All new filings must comply with DONE BY ORDER OF THE SUPREME this order until further order of this COURT this 30th day of April, 2020. Court. /s/ Noma D. Gurich 3. This temporary pleading requirement mere- Chief Justice ly reflects the Act’s moratorium prohibiting the lessor of a covered dwelling from filing a 2020 OK 22 legal action to recover possession of the ORDER REGARDING THE property for nonpayment of rent. See CARES CORONAVIRUS AID, RELIEF, AND Act Section 4024(b). This requirement shall ECONOMIC SECURITY ACT (CARES
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