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Century Old Letter Provides Judicial Flashback • OBA Awards • Small Towns — Big Opportunities • Sovereignty Symposium

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Century Old Letter Provides Judicial Flashback • OBA Awards • Small Towns — Big Opportunities • Sovereignty Symposium Volume 85 u No. 14 u May 17, 2014 ALSO INSIDE • Century Old Letter Provides Judicial Flashback • OBA Awards • Small Towns — Big Opportunities • Sovereignty Symposium 1058 The Oklahoma Bar Journal Vol. 85 — No. 14 — 5/17/2014 Theme: Diversity in the Law pg. 1104 Editor: January Windrix Real Property Law contents Section Note May 17, 2014 • Vol. 85 • No. 14 DEPARTMENTS 1060 From the President 1071 Editorial Calendar 1128 From the Executive Director 1130 Law Practice Tips 1134 Ethics/Professional Responsibility 1136 Oklahoma Bar Foundation News 1139 OBA Board of Governors Actions 1142 Access to Justice 1144 Young Lawyers Division 1146 Calendar 1148 For Your Information 1151 Bench and Bar Briefs 1153 In Memoriam 1154 What’s Online 1160 The Back Page pg. 1110 Small Town/ FEATURES Big Opportunities 1063 BISH O P V. UNI T ED ST A T ES and the Future of Same-Sex Marriage in Oklahoma PLUS By Conor Cleary 1104 Real Property Law Section: 1069 Diversity Requires More American Marketable Record Title: A Deed Indian Lawyers and Judges Which Conveys Only the Grantor’s By Klint A. Cowan ‘Right, Title and Interest’ Can be a 1073 The Melting Pot Outside Your Office ‘Root of Title’ By Ruth J. Addison and Daniel E. Gomez By Kraettli Q. Epperson 1081 Sexual Orientation: Acceptance 1110 Rural Lawyers Tout Big Possibilities 1982-2014 in Small Towns By Jane Eulberg By Kirby Lee Davis 1087 Lessons from the Field: My Life- 1112 OBA Awards: Call for Nominations Changing Law Practice as an Air 1114 Session Nears End, Many Bills Force JAG Still Active By Katie Illingworth By Duchess Bartmess 1091 Avoiding Disparate Impacts in 1118 Century-Old Letter Provides Background Checks of Potential Judicial Flashback Employees By Jarrod Beckstrom By Ruth Addison 1097 Raising the Bar: The Case for 1120 New Lawyers Take Oath Diversity and Inclusion in the 1122 Sovereignty Symposium Legal Profession 1126 Book Review: ONE MURDER Too MANY By Hannibal B. Johnson Reviewed by Judge Allen Welch Vol. 85 — No. 14 — 5/17/2014 The Oklahoma Bar Journal 1059 FROM THE PRESIDENT A Proud Member of the Oklahoma Bar By Renée DeMoss Hicks Epton of Wewoka, Okla. was a proud member of compensation for judges so that those the Oklahoma Bar Association. Oklahoma lawyers recognize Mr. most qualified would be able to devote Epton as the father of Law Day, a day in which bar associations their lives to the work. (See the separate across the country honor and celebrate our legal system. Mr. Epton article in this issue.) established this enduring legacy with the support of the Seminole County Bar Association by annually sponsoring a program ini- Proud Oklahoma lawyers Mr. Epton tially entitled “Know Your Courts — Know Your Liberties” begin- and Justice Hayes sought in their own ning on May 1, 1946. ways to ensure that we would always remember, and vigilantly protect, the With the support of the American Bar Association, President judicial branch that our nation’s found- Dwight D. Eisenhower issued a proclamation in 1958 designating ers thoughtfully and purposefully de- May 1 as Law Day, with these words, “It is fitting that the American signed to function as an equal branch people should remember with pride, and vigilantly guard, the great with the executive and legislative heritage of liberty, justice and equality under the law. It is our moral branches. and civil obligation as free men and as Americans to preserve and strengthen that great heritage.” They also recognized that lawyers are the guardians of a fair, impartial Since Congress enacted legislation in 1962 that permanently desig- and qualified judiciary that enables nated May 1 as Law Day, it has become a national judges to act without day of celebration of our founders’ greatest legacy concern for the day-to- — a republic composed of three separate and …lawyers are the day whims of politics equal branches, with the judicial branch entrusted guardians of a and election-focused pol- with ensuring that all Americans receive justice fair, impartial and iticians. Such a judiciary under the law. is essential to protect our qualified judiciary individual liberties, to How fitting, then, that on April 3, 2014, just one that enables judges uphold our constitution- month before our recent Law Day celebration, Okla- to act without al rights and to pre- homa Supreme Court Chief Justice Tom Colbert vent the tyranny of the received a letter regarding Oklahoma’s legal system concern for the majority. written over 100 years ago by another proud mem- day-to-day whims ber of the Oklahoma bar, pioneer lawyer Samuel W. Like Hicks Epton and Hayes. Sam Hayes was only 32 years old when he of politics and Justice Sam Hayes, I, too, took his seat as the first justice of the Oklahoma election-focused am a proud member of Supreme Court on Nov. 16, politicians. the Oklahoma bar. Over 1907, following President Theo- the past few weeks I have dore Roosevelt’s proclamation witnessed OBA members admitting Oklahoma to the Union. join together to guard against pro- posed state legislation that would Oklahoma had been a state only a scant six intentionally weaken our judiciary and years when Justice Hayes submitted a letter our bar. dated April 22, 1913, for inclusion in the “Okla- homa Century Chest,” a time capsule buried Since 1967, when the people of Okla- under the basement floor of the Oklahoma City homa turned to the OBA to help install First Lutheran Church until its recent opening. a new judicial selection system to replace one riddled with corruption, In the letter, Justice Hayes, who was at the our system has been praised as one of time grappling with the monumental task of the best in the nation, free of politics creating and implementing a new state court and scandal. OBA members’ defense President DeMoss system, voiced his dream that our brand new of that system, and of the entire Okla- practices in Tulsa. state would ultimately enjoy a legal system that homa judiciary, has been nothing short [email protected] included both a non-partisan system of selecting 918-595-4800 of amazing. The Oklahoma Bar Asso- judges for all of our state courts and adequate ciation is a force to be reckoned with when united in a noble cause. 1060 The Oklahoma Bar Journal Vol. 85 — No. 14 — 5/17/2014 OFFICERS & BOARD OF GOVERNORS Renée DeMoss, President, Tulsa David A. Poarch Jr., President-Elect, Norman Susan S. Shields, Vice-President, Oklahoma City EVENTS CALENDAR James T. Stuart, Immediate Past President, Shawnee Deirdre O’Neil Dexter, Sand Springs Robert D. gifford II, Oklahoma City MAY 2014 Kimberly Hays, Tulsa Douglas L. Jackson, Enid 19 OBA Litigation Section meeting; 12 p.m.; Oklahoma Bar Center, John W. Kinslow, Lawton Oklahoma City with teleconference; Contact David VanMeter 405-228-4949 Rickey J. Knighton, Norman James R. Marshall, Shawnee Licensed Legal Intern Swearing-In Ceremony; 12:45 p.m.; Judicial Nancy S. Parrott, Oklahoma City Center, Oklahoma City; Contact Wanda Reece 405-416-7000 Kevin T. Sain, Idabel Bret A. Smith, Muskogee 20 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Richard D. Stevens, Norman Center, Oklahoma City with OSU Tulsa, Tulsa; Contact Judge David B. Lewis Linda S. Thomas, Bartlesville 405-556-9611 Kaleb Hennigh, Enid Chairperson, OBA/Young Lawyers Division OBA Communications Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Doerner Saunders Law Office, 3200 S. Boston Ave., BAR CENTER STAFF John Morris Williams, Executive Director; Ste. 500, Tulsa; Contact Dick Pryor 405-740-2944 gina L. Hendryx, General Counsel; Jim Calloway, 23 OBA Board of Governors meeting; 10 a.m.; Oklahoma Bar Center, Director of Management Assistance Program; Oklahoma City; Contact John Morris Williams 405-416-7000 Craig D. Combs, Director of Administration; Susan Damron Krug, Director of Educational 26 OBA Closed – Memorial Day observed Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. Manning, Director 27 OBA Women in Law Committee meeting; 12 p.m.; Oklahoma Bar of Communications; Travis Pickens, Ethics Counsel; Center, Oklahoma City and University of Tulsa, Tulsa; Contact Robbin Watson, Director of Information Technology; Allison Thompson 918-295-3604 Jane McConnell, Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, 28 OBA Work/Life Balance Committee meeting; Debbie Maddox, Katherine Ogden, Steve Sullins, 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Assistant General Counsels; Tommy Butler, Tanner Sarah Schumacher 405-752-5565 Condley, Sharon Orth, William Thames and Krystal Willis, Investigators JUNE 2014 Manni Arzola, Jarrod Houston Beckstrom, Debbie Brink, Emily Buchanan, Susan Carey, 3 OBA Government and Administrative Law Practice Section Nickie Day, Dieadra Florence, Johnny Marie meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Floyd, Matt gayle, Brandon Haynie, Suzi Contact Scott Boughton 405-717-8957 Hendrix, Misty Hill, Debra Jenkins, Durrel Lattimore, Heidi McComb, Renee Montgomery, 5 OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; Larry Quinn, Lori Rasmussen, Wanda F. Reece, Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Tracy Sanders, Mark Schneidewent, Jan Kim Reber [email protected] Thompson, Laura Willis & Roberta Yarbrough EDITORIAL BOARD OBA Lawyers Helping Lawyers discussion group meeting; Editor in Chief, John Morris Williams; News & 6 p.m.; University of Tulsa College of Law, John Rogers Hall, 3120 E. 4th Pl., Layout Editor, Carol A. Manning; Editor, Rm. 206, Tulsa; RSVP to Kim Reber [email protected] Melissa DeLacerda, Stillwater; Associate Editors: Dietmar K. Caudle, Lawton; Emily Duensing, 6 OBA Professional Responsibility Commission meeting; 9 a.m.; Tulsa; Erin Means, Moore; Shannon Lee Prescott, Oklahoma Bar Center, Oklahoma City; Contact Dieadra Goss 405-416-7063 Okmulgee; Mark Ramsey, Claremore; Judge Megan Simpson, Buffalo; Leslie Taylor, Ada; For more events go to www.okbar.org/calendar Judge Allen J.
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