Sovereignty Symposium Highlights Board of Governors Vacancies • Oklahoma Tax Legislation
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ALSO INSIDE: Sovereignty Symposium Highlights Board of Governors Vacancies • Oklahoma Tax Legislation Volume 90 — No. 6 — August 2019 Access to Justice contents August 2019 • Vol. 90 • No. 6 THEME: ACCESS TO JUSTICE Editors: Melissa DeLacerda & Jim Calloway FEATURES PLUS 6 The Work of the Oklahoma Access 38 Taxation Law Section Note: to Justice Commission 2019 Oklahoma Tax Legislation BY M. DAVID RIGGS BY SHEPPArd F. MIERS JR. 10 The Oklahoma County Courthouse 44 OBA Nominating Petitions and Access Clinic Board of Governors Vacancies BY SARA MURPHY BONDURANT 45 Photo Highlights: Sovereignty 16 Certified Courtroom Interpreters Symposium XXXII BY DEbrA CHARLES 22 Addressing the Court Reporter Crisis in Oklahoma BY SHELLEY PHILLIPS AND DEbrA CHARLES 26 Using Online Dispute Resolution to Expand Access to Justice BY COLIN RULE 30 Tips on Delivering Limited Scope Legal Services BY JIM CALLOWAY 34 The Crushing Reality of Why We Need Plain Language Pro Se Court Forms BY ELIZABETH GOVIG DEPARTMENTS PAGE 38 - Oklahoma Tax Legislation 4 From the President 48 From the Executive Director 50 Law Practice Tips 55 Ethics & Professional Responsibility 58 Board of Governors Actions 66 Oklahoma Bar Foundation News 71 Young Lawyers Division 74 For Your Information 77 Bench and Bar Briefs 80 In Memoriam 82 Editorial Calendar 83 What’s Online 88 The Back Page PAGE 45 – Photo Highlights: Sovereignty Symposium XXXII FROM THE PRESIDENT Leave a Legacy By Charles W. Chesnut PERSON WHOM I RESPECTED GREATLY when those who choose to represent themselves, A I was growing up was a man in town who was very court costs and filing fees can be a barrier to well to do, but you would never have known it by his life- obtaining justice. It can also be difficult to style. He lived modestly, was rock solid in character, had a find information on simple procedural issues, self-effacing sense of humor and was exceedingly generous like when and where to file a lawsuit and in his giving to his community, his church and people in what rights you have in court. need. He never talked about his giving, but later you could There are many ways to participate in sometimes spot his tracks. Most importantly, he always increasing access to justice. Some attor- gave sage advice. (Side note: On his bucket list, he told me neys choose to provide pro bono legal ser- he had always wanted to fly in the cockpit of a jet plane, vices while others feel that working low ride in a locomotive with an engineer of a train and ride in bono (providing services at a low hourly the cab of a semitrailer. The only one he didn’t get to do rate) is right for them. was ride in the semitrailer. Aren’t people interesting?) Nonlitigators can contribute by helping He told me once that he didn’t understand why individuals through an administrative people, when they wanted to do good works, didn’t do law maze, drafting simple legal docu- them in their field of training. He thought people could ments, just giving some quality legal accomplish the most good if they stuck to helping others advice or contributing to legal aid. through areas in which they were specially trained. In Oklahoma, we have “Free Legal I think that most of us enjoy reaching out and aiding oth- Answers,” which is an easy and convenient ers in need. It makes us feel good about ourselves and can way to provide legal advice to those seeking be a huge help to others who really need the assistance. answers to legal questions and issues.1 If we adhere to my friend’s philosophy, then as attorneys, we Talk about leaving a legacy. The people can accomplish the most productive results by helping someone you help will never forget you. Your time and resolve a legal issue that requires an attorney’s legal skills. talent will have solved a problem for them We are all familiar with the term “access to justice.” It that they could never have solved on their describes the ability of any person, regardless of income, own. Often, it really is not that difficult of an to use the legal system to advocate issue to solve; it just takes a little of your time for themselves and their interests. and effort. It also sows good seed. It provides a means of leveling the If each of us tried to do just one legal playing field so that everyone can have task a year for someone who could use our their voice heard, exercise their rights, assistance but cannot afford it, think about challenge discrimination or hold deci- all of the good deeds you could look back sion-makers accountable. While the civil on in the course of your legal career. The legal system can be a powerful tool for cumulative effect of thousands of us doing remedying wrongs, it is also extremely that would be immense. complex and can be difficult to navigate I encourage you to resolve to provide without the help of a trained attorney. a legal service at least once each year for For those unable to afford an attorney, someone in need at no or low charge. It will access to the court system and the build a better you, a better society and a justice it can provide are limited. better bar association. President Chesnut practices in Miami. Lack of access to an attorney is not [email protected] the only access to justice issue facing ENDNOTE 918-542-1845 1. To access Free Legal Answers, go to oklahoma. low-income individuals and families. For freelegalanswers.org. 4 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2019 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, Board of Governors, Volume 90 — No. 6 — August 2019 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair content of their ads, and the OBA reserves Editor-in-Chief the right to edit or reject any advertising copy [email protected] LUKE ADAMS, Clinton for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita MACKENZIE SCHEER Advertising Manager PATRICIA A. FLANAGAN, Yukon BAR CENTER STAFF [email protected] John Morris Williams, Executive Director; AMANDA GRANT, Spiro Gina L. Hendryx, General Counsel; Joe LAURA STONE Balkenbush, Ethics Counsel; Jim Calloway, Communications Specialist VIRGINIA D. HENSON, Norman Director of Management Assistance Program; [email protected] Craig D. Combs, Director of Administration; C. SCOTT JONES, Oklahoma City LAURA WOLF Susan Damron, Director of Educational Communications Specialist SHANNON L. PRESCOTT, Okmulgee Programs; Beverly Petry Lewis, Administrator [email protected] MCLE Commission; Carol A. Manning, LESLIE TAYLOR, Ada Director of Communications; Robbin Watson, Director of Information Technology; 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 CHARLES W. CHESNUT, President, Miami; Corey, Nickie Day, Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Suzi Hendrix, Debra Jenkins, Rhonda President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Langley, Jamie Lane, Durrel Lattimore, President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Renee Montgomery, Whitney Mosby, Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Tracy Sanders, Mackenzie Scheer, Mark Ponca City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Schneidewent, Laura Stone, Krystal Willis, Norman; DAVID T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Laura Willis, Laura Wolf & Roberta Yarbrough Oklahoma City; JIMMY D. OLIVER, Stillwater; MILES T. PRINGLE, Oklahoma City; BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Oklahoma Bar Association 405-416-7000 Toll Free 800-522-8065 Tulsa; BRANDI NOWAKOWSKI, Shawnee, Chairperson, OBA FAX 405-416-7001 Young Lawyers Division Continuing Legal Education 405-416-7029 Ethics Counsel 405-416-7055 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, General Counsel 405-416-7007 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid Mgmt. Assistance Program 405-416-7008 at Oklahoma City, Okla. and at additional mailing offices. Mandatory CLE 405-416-7009 Board of Bar Examiners 405-416-7075 Subscriptions $60 per year that includes the Oklahoma Bar Journal Oklahoma Bar Foundation 405-416-7070 Court Issue supplement delivered electronically semimonthly. Law students registered with the OBA and senior members may subscribe for $30; 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. THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 5 ACCESS TO JUSTICE The Work of the Oklahoma Access to Justice Commission By M. David Riggs “EQUAL JUSTICE UNDER LAW.” This inspiring phrase is displayed on our United States Supreme Court building and is a promise which runs throughout our Constitution and other documents and writings of our founders. Historically, our American system of justice has been viewed as a leading model of fairness and efficiency.