ALSO INSIDE: Estate Planning • Real Property Law • JNC Elections • Milestone Member Anniversaries • High School Mock Trial Program

Volume 90 — No. 4 — April 2019

CELEBRATIONS ACROSS THE STATE CONTEST WINNERS ASK A LAWYER

contents April 2019 • Vol. 90 • No. 4

THEME: Law Day Editor: Carol Manning FEATURES PLUS 6 Say What!? Law Day 2019 32 You Mean the Government Can Control By Kara Pratt My Guns? By Gale Allison, Rebecca Wood Hunter and 9 Volunteers Needed for One-Day Vale Gonzalez Statewide Hotline 38 Zero Cash Flow Investing: Utilizing ZCF 10 Law Day Contest Winners Properties to Satisfy 1031 Exchanges and 24 County Law Day Chairpersons Extract Value 25 Law Day History By Jeff Tracy 26 County Bar Association Activities 44 Milestone Bar Member Anniversaries 30 Law Day Proclamation and Directive 48 Legislative Report: Day at the Capitol Speakers Provide Insightful Information By Angela Ailles Bahm 52 Mock Trial: Fictional Case Requires Students to Develop Real-World Skills DEPARTMENTS By Kevin H. Cunningham 4 From the President 56 Judicial Nominating Commission Elections: 58 From the Executive Director Nomination Period Opens 60 Law Practice Tips 62 Ethics & Professional Responsibility 65 Board of Governors Actions 70 Oklahoma Bar Foundation News 73 Young Lawyers Division 74 For Your Information PAGE 44 – Milestone Member Anniversaries 76 Bench and Bar Briefs 78 In Memoriam 80 Editorial Calendar 83 What’s Online 88 The Back Page

PAGE 56 – JNC Elections From The President The Law Day Tradition By Charles W. Chesnut

AST YEAR AS OBA PRESIDENT-ELECT, I was from Wewoka and former member of Linvited to Wewoka for Law Day. Frankly, I’d never our Board of Governors, made sure been to Wewoka and didn’t know what to expect. that everyone came. He called several Wewoka is a town with a population of 3,430, located months in advance and pleasantly south of I-40 between Shawnee and McAlester and the requested (read “insisted”) that you put it county seat of Seminole County. on your calendar and attend. He did that One of the benefits of being president of the OBA year after year. is that you have the opportunity to travel the high- That's the second reason people attend ways and byways of our great state and see its geog- and makes this event compelling to me. raphy. That’s always a pleasant experience. When I’m It explains why Law Day in Wewoka in a town or city that is a county seat, I also stop and continues to be special and why so many see the county courthouse. I do that throughout our people show up for it every year. state. It’s an indulgence, but I always like to do it. I It demonstrates what can be accom- enjoyed my trip to Wewoka for Law Day for both of plished somewhere, anywhere, when those reasons. a person invests oneself, one’s time, What’s special about Law Day in Wewoka, energy and focus in an idea, a project Oklahoma? Why do more than a hundred of the towns- or a mission that’s worthwhile. One people from all walks of life – Supreme Court justices, person can be the driver that accom- Court of Criminal Appeals judges, Court of Civil plishes outstanding things in life. If Appeals judges, district judges, county officers and we take time to stop and look, we see many attorneys within a 50-mile radius – show up? examples of that in our own lives all They do it for two reasons. First, interestingly around us. enough, is that the whole concept of Law Day, now It could be you, and it could be me. celebrated nationally, was conceived by the late Hicks All it takes is an idea combined with Epton, a Wewoka attorney and 1953 OBA president. energy, focus and commitment. We can Law Day actually started in Wewoka. achieve something worthwhile in a big I find this whole matter fasci- way in our corner of the world. nating. A lawyer in a small town Our theme for Law Day in 2019 is in Oklahoma had an idea that has “Free Speech, Free Press, Free Society.” become a day of national celebra- Take a few minutes and reflect on what tion in the United States. Think of your life would be like not to have it. We often hear about the power those rights and privileges in our lives. of ideas. That’s a pretty amazing Then take a few more minutes and be demonstration of it. grateful because we do have them. The bar association in Seminole Finally, google “50 Awesome Quotes County carries on the tradition of on the Power of Ideas.” It’s full of great Law Day by celebrating it annually. thoughts from great minds about “ideas.” The whole county bar association All true. Some funny. Very thought gets behind it and supports it. provoking. I promise your time will The Law Day luncheon became an be well spent. President Chesnut practices in Miami. annual, must-attend event when [email protected] 918-542-1845 the late Vic Kennemer, an attorney

4 | APRIL 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. 4 — April 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 CLAYTON BAKER, Vinita by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. AARON BUNDY, Tulsa 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 LACEY PLAUDIS 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 STONE 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, Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, Suzi LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Hendrix, Debra Jenkins, Rhonda Langley, President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Jamie Lane, Durrel Lattimore, Renee President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Montgomery, Whitney Mosby, Lacey Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Plaudis, Tracy Sanders, Mackenzie Scheer, Ponca City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Mark Schneidewent, Laura Stone, Margaret Norman; DAVID T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Travis, Krystal Willis, Laura Willis & Oklahoma City; JIMMY D. OLIVER, Stillwater; MILES T. PRINGLE, Roberta Yarbrough Oklahoma City; BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Oklahoma Bar Association 405-416-7000 Tulsa; BRANDI NOWAKOWSKI, Shawnee, Chairperson, OBA Toll Free 800-522-8065 Young Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid Lawyers Helping Lawyers 800-364-7886 at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year that includes the Oklahoma Bar Journal Board of Bar Examiners 405-416-7075 Court Issue supplement delivered electronically semimonthly. Law Oklahoma Bar Foundation 405-416-7070 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 APRIL 2019 | 5 Law Day 2019 Say What!? Law Day 2019 By Kara Pratt

HIS YEAR’S LAW DAY THEME IS “FREE SPEECH, FREE PRESS, FREE SOCIETY.” TThe theme focuses on these three fundamental rights and calls upon us to understand and fight to protect them. In the United States and abroad, free society is built through free speech and free press. These topics often become the center of conversation and the focus of litigation. It is hard to imagine a free society without these individual liberties, but historical and current debates surrounding them continually challenge us to consider their boundaries and resilience. Technology is ever changing and shaping and shifting how free speech and free press work in the everyday world.

One of the primary objectives clients, jurors and in some cases, Being celebrated in Oklahoma of Law Day has always been edu- opposing counsel. We do it all the since the 1950s, Law Day is an cation and reverence for the rule time, and by training, excel at it. excellent opportunity to share our of law. As lawyers, we are neces- We should not leave our special talents with another generation. sarily educators. We educate our talents at our office door. It is an opportunity to work with our favorite colleagues, old and new, to do something meaningful and to stir the same fire for the law that we have in our careers.

ASK A LAWYER TV SHOW This year’s Ask A Lawyer pro- gram will air Thursday, May 2, at 7 p.m. on OETA, Oklahoma’s public television station across the state. The topics cover landlord/tenant law, the Oklahoma Innocence Project and divorce. Veteran news- caster and attorney Dick Pryor will be this year’s moderator and Angela Buckelew will serve as host. We expect this to be one of the best shows yet! The landlord/tenant law seg- ment will feature attorney Jennifer DeMarchoe Carpenter prepares to share his story as part of the Oklahoma Innocence Montagna and two of her clients. Project segment. One client faced a cold Christmas

6 | APRIL 2019 THE OKLAHOMA BAR JOURNAL when her heat and oven went out The Oklahoma Innocence Project FREE LEGAL ADVICE and the landlord refused to fix segment will focus on the exoner- For the 43rd year, we are orga- the issues. Another client received ation of DeMarchoe Carpenter after nizing the Ask A Lawyer com- notice of termination of a Section 8 he was convicted for the murder of munity service project, providing voucher based on a false report that Karen Summers in Tulsa in 1995, free answers to Oklahomans’ she had an unauthorized occupant. together with his friend Malcolm legal questions. This year’s proj- The divorce segment will focus Scott. Vicki Behenna, executive ect will be Thursday, May 2. on two of my clients who will each director of the Oklahoma Innocence discuss their different and unique Project, will take viewers through divorce/child custody cases. One the case and the importance of client had been in an abusive rela- taking a second look. tionship while the other client had OBA President Chuck Chesnut a spouse with mental health issues. will share information about the free legal services offered by the OBA’s Oklahoma Lawyers for America’s Heroes Program. Oklahoma Supreme Court Chief Thursday, Justice Noma Gurich will share May 2 her thoughts on this year’s theme 7-8 p.m. on OETA and will recognize the Law Day Contest winners. Featuring Segments On: Landlord/Tenant Law CONTESTS AND ACTIVITIES Divorce More than 1,050 students from Oklahoma Innocence across the state submitted entries Project focused on this year’s theme, “Free Speech, Free Press, Free Society.” Hosted by Angela Buckelew The entries ranged from writing, Moderated by Dick Pryor coloring and art mediums. A cer- emony was held at the Oklahoma Special Guests: Judicial Center on April 2 for Oklahoma Supreme Court first-place winners. Those earn- Chief Justice Noma Gurich ing second place or an honorable and mention were honored in their OBA President Chuck Chesnut home county with the help of their county bar association. See the names of all the winners and their OBA President Chuck Chesnut films his winning entries online at www. portion of the Ask A Lawyer TV show. okbar.org/lawday or in this issue.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 7 Oklahoma City attorneys provide callers with free legal advice during the 2018 Ask A Lawyer event. Oklahomans will have the option to GET INVOLVED email [email protected] with We urge you to participate by their question or call the toll-free volunteering for the Ask A Lawyer hotline to speak with an attorney. program or by contacting your Participating in Ask A Lawyer local county bar and participating is a great way for all Oklahoma in the many activities occurring lawyers to celebrate Law Day. This throughout the state. We are annual event gives us the oppor- always seeking interested lawyers tunity to provide a much-needed to get involved in the Law Day community service while promot- each two-hour shift to fully staff Committee and will very soon ing a positive public image the statewide number. That effort, be planning next year’s activities. of lawyers and the OBA. combined with the local county Please let me or Committee Vice Oklahoma and Tulsa County bars and those answering email Chair Ed Wunch know if you are lawyers will work together to staff questions, creates a huge need for available to lend your expertise. the statewide toll-free hotline from lawyers to step forward. Contact us: Kara Pratt at kpratt@ 9 a.m. to 9 p.m. For other counties, To volunteer, contact your local barberbartz.com; or Ed Wunch at the Law Day Committee works with county Law Day chairperson, [email protected]. each county’s Law Day chairperson listed in this issue or online at to establish a network of local county www.okbar.org/lawday. phone numbers in addition to the ABOUT THE AUTHOR statewide number. Volunteer lawyers DIRECTIVE AND Kara Pratt is a partner at Barber & in each participating county staff PROCLAMATION Bartz in Tulsa. She primarily phones at their local location for a Chief Justice Noma Gurich is con- practices family law. She currently predetermined time period and the tinuing the OBA Law Day tradition of serves on the OBA House of numbers are advertised while the issuing a Law Day Directive, encour- Delegates, as the Law Day Ask A Lawyer TV program is airing. aging courts to host Law Day events Committee chair and is active in Anywhere you live or work, your or to visit schools to speak on the role the Family Law Section. She is a help is needed to make this com- of the judiciary. Gov. Kevin Stitt has 2011 graduate of Regent University munity service project a success. also signed a proclamation designat- School of Law. It takes a total of 30 attorneys for ing May 2 as Law Day in Oklahoma.

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Law Day 2019 Contest Winners From Across the State

HE OBA LAW DAY COMMITTEE would like to thank Oklahoma educators, students Tand their families for participating in the 2019 Law Day Contest. This year, nearly 1,100 students from across the state entered the contest. First- through 12th-grade students demonstrated their knowledge of the history and concepts of the theme through essays and multimedia art. Pre-K and kindergarten stu- dents were given a choice of coloring activity pages related to the theme, allowing them to show off their budding creative and writing abilities. For both elementary and secondary students, the contest gave them an opportunity to explore how the First Amendment helps guarantee and protect all Americans’ rights.

Elizabeth Kwok Grand Prize Third Grade Art Nichols Hills Elementary School, Oklahoma City

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1. Jose Garcia 2. Audrey Ellis 3. Brooklyn Miller 4. Alyssa Crawford First Place Second Place First Place Second Place Pre-K Coloring Pre-K Coloring Kindergarten Coloring Kindergarten Coloring Temple Elementary School, Covenant Community School, Seiling Elementary School, Salina Elementary School, Temple Stillwater Seiling Salina

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 11 5

7 See the full entry at www.okbar.org/lawday. 6

5. Brody Gilliam 6. Josie Douglas 7. Amelia Kwok First Place Second Place First Place First Grade Art First Grade Art First Grade Writing Covenant Community School, Sequoyah Elementary School, Nichols Hills Elementary School, Stillwater Shawnee Oklahoma City

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WHY THE FIRST AMENDMENT 10 IS IMPORTANT Before the pilgrims came to America, they did not have the freedom to say what they wanted. If they said something bad about the king they could be thrown in jail. Then America won the Revolutionary War. When they were setting up our new government, they made sure that we had lots of freedoms, including the right to say what we believe, even if it isn’t the same 11 as our government. This freedom was See the full entry at www.okbar.org/lawday. included in the Bill of Rights, and I am glad I can say what I believe without being afraid of being thrown in jail. Read the full essay at www.okbar.org/lawday.

8. Emmet Wilson 9. Sophie Buchanan 10. Elijah McDaniel 11. Nia Murimi First Place Second Place First Place Second Place Second Grade Art Second Grade Art Second Grade Writing Second Grade Writing Covenant Community School, Clara Reynolds Elementary School, Covenant Community School, South Rock Creek School, Stillwater Harrah Stillwater Shawnee

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 13 FREEDOM OF PETITION The freedom of petition means you can tell the government what you think is right or wrong. This is important because people should be able to say what they feel about the laws and government without being afraid of going to jail. Our freedom to petition is also important because our 12 leaders know that the American people are free to tell them what we think of the job they are doing. This means our leaders won’t do anything too crazy because they know we can tell them they are crazy. Freedom of petition is important in keeping our laws balanced with what the people want and what the government wants. Read the full essay at www.okbar.org/lawday. 15 14

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12. Dustin Hitchcock 13. Trevor Boone 14. Emma Kuehl 15. Daisy Reid First Place Second Place First Place Second Place Third Grade Art Third Grade Art Third Grade Writing Third Grade Writing Covenant Community School, Covenant Community School, Covenant Community School, Skiatook Elementary School, Stillwater Stillwater Stillwater Skiatook

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See the full entry at www.okbar.org/lawday.

THE DANGER OF A SILENT WORLD Imagine our world if freedom of speech did not exist. Scientific discoveries may not be allowed to be published, knowledge may be withheld … In the 1600s Galileo discovered that the earth moved around the sun. The Catholic church believed that the sun moved around the earth and tried to keep Galileo silent. If they had succeeded our science would be skewed and scientific discoveries would have been slowed. It is important for us to have good knowledge even if it disagrees with tradition, religion, or previous scientific thoughts. Read the full essay at www.okbar.org/lawday. 18

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16. Paetyn Gilliam 17. Avery Perkins 18. Paetyn Gilliam 19. Olivia Evans First Place Second Place First Place Second Place Fourth Grade Art Fourth Grade Art Fourth Grade Writing Fourth Grade Writing Covenant Community School, Lakeview Elementary School, Covenant Community School, Independence Elementary School, Stillwater Yukon Stillwater Yukon

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BILL OF RIGHTS 22 The first ten amendments added to the Constitution are known as the Bill of Rights. The Bill of Rights was known to be the added freedom and so everyone always followed these rules of freedom, justice, and independence. I believe that we will always be united with our freedom, injustice, and liberty, and if nothing goes right we can always try our hardest to make it better than ever. I believe that the Bill of Rights was made for independence, justice for all, and liberty so nobody would be slaves and the government had no power over us. Read the full essay at www.okbar.org/lawday.

BILL OF RIGHTS The first ten amendments to the Constitution make up the Bill of Rights. James Madison wrote the amendments. Many delegates of the states were against signing the Constitution without a Bill of Rights included. It became a major issue in ratifying the Constitution in some states. As a result, James Madison wrote 12 amendments and presented them to the First Congress in 1789. On December 15, 1791 ten of the amendments were passed and made part of the Constitution. They would later become known as the Bill of Rights. 23

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20. Braden Hibler 21. Melany Ramirez 22. Ian Fiddler 23. Matthew Storey First Place Second Place First Place Second Place Fifth Grade Art Fifth Grade Art Fifth Grade Writing Fifth Grade Writing Grove Elementary School, Coolidge Elementary School, Nichols Upper Elementary Nichols Upper Shawnee Enid School, Elementary School, Miami Miami

16 | APRIL 2019 THE OKLAHOMA BAR JOURNAL THE FIRST AMENDMENT: FREEDOM WORTH PRESERVING It was late September in 1789. Representatives from each of the thirteen colonies were discussing an important strand of America’s foundation: The Bill of Rights. Since America had earned her liberty from England, there were many new rights to protect. Her citizens deserved the freedoms of religion, speech and press, and the right to petition for change. Thus, the First Amendment was created. Read the entire essay at www.okbar.org/lawday. 26

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ENGLAND’S INFLUENCE 27 We saw these things that were wrong, so we fought for freedom, and when we gained freedom we made laws to stop the injustice ... Already you can see how England has affected our laws. If we hadn’t seen the injustice then we could still be part of England, or we could have forgotten to make laws about these things and be the same as England. We saw and experienced the injustice of England and we broke away to make a fair country that injustice has helped shape who we are. Read the full essay at www.okbar.org/lawday.

24. Lani Kauahquo 25. Aly Judkins 26. Julia Chen 27. George Leydorf First Place Second Place First Place Second Place Sixth Grade Art Sixth Grade Art Sixth Grade Writing Sixth Grade Writing Hobart Middle School, Hobart Middle School, Fisher Elementary School, The Academy of Classical Hobart Hobart Oklahoma City Christian Studies, Oklahoma City

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 17 IRAQ’S BILL 28 OF RIGHTS In Iraq the Bill of Rights significantly states in Article 13, which guarantees the keystone freedom of religion: Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice … The Bill of Rights also pro- tects freedom of expression, association, assembly, move- ment, privacy, women’s rights, and rights to own property, fair trial and basic due pro- cess, including freedom from torture. Read the full essay at www.okbar.org/lawday. 30

BILL OF RIGHTS – 31 COMPARING U.S. AND JAPAN The individual rights listed in Japan’s constitution go further than the U.S. Bill of Rights, including many of the Amendments that were made to the U.S. Constitution after the original Bill of Rights had been ratified. Some of these include universal suffrage in Article 15 and the prohibition of slavery in Article 8. Other rights listed in the Japanese constitution are not in the U.S. Bill of Rights at all. These include the right to live where you want and work at whatever occupation you want, the right to academic freedom … and free public education. Read the full essay at www.okbar.org/lawday.

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28. Hannah Joslin 29. McKenzie Findley 30. Syreena Tallant 31. Davis Lynn First Place Second Place First Place Second Place Seventh Grade Art Seventh Grade Art Seventh Grade Writing Seventh Grade Writing Hobart, Covenant Community School, Middleberg Public School, The Academy of Classical Hobart Stillwater Blanchard Christian Studies, Oklahoma City

18 | APRIL 2019 THE OKLAHOMA BAR JOURNAL 1st AMENDMENT 34 33 RIGHTS The fourth piece is the right to assemble peacefully. A crucial emphasis to make is that it is peaceful, so violent forms of rioting don’t count. This is a very underrated part, but it allows people to commune, discuss ideas, and publicly air opinions; the right to free speech is nothing without one being able to share their ideas with others. It also allows that, when a corrupt company or the Government does something controversial, we can all come out and protest without being arrested. Read the full essay at www.okbar.org/lawday.

32 IMPORTANCE OF THE 35 FIRST AMENDMENT After the Revolutionary War ended, America’s first Constitution was established. The Articles of Confederation ensured strong state power to avoid tyrannical rule in the American colonies, but it did not last. The American colonies needed a stronger government that was run by “the people”. This led to the establishment of the U.S. Constitution, which became ratified with the addition of the Bill of Rights. The most important of these amendments is the first amendment. The five rights included in the first amendment are included, to protect “the people’s” unalienable rights. Read the full essay at www.okbar.org/lawday.

32. Davis Raschen 33. Rowen Pace 34. Jackson Clark 35. Rayan Sawan First Place Second Place First Place Second Place Eighth Grade Art Eighth Grade Art Eighth Grade Writing Eighth Grade Writing Monte Cassino School, Central Junior High School, The Academy of Classical Oakdale, Tulsa Moore Christian Studies, Edmond Oklahoma City

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37 THE FIRST 38 AMENDMENT – LOUDER THAN THE HATEFUL If a change were made to the First Amendment that prohibited such extreme speech and protests, this would prohibit all extreme speech and protests. The Westboro Baptist Church and Neo-Nazis would be stopped, but so would any other form of speech. Eventually, the prohibition of this would come back to cripple the IT’S A FREE COUNTRY 39 people who originally pushed for My mom has always told me “If you don’t have anything nice the change. The Supreme Court to say, don’t say anything at all.” I’ve recently learned that doesn’t want to support hate although this rule is polite, it contradicts the rights granted groups, but rather they want to to me under the first amendment, which are arguably more support the basic freedoms of important than having good manners. Moms don’t benefit all citizens. Read the full essay at from teaching their kids about the right to free speech. I’ve www.okbar.org/lawday. been grounded enough to know I haven’t earned that right just yet. The Founding Fathers, however, foresaw the need for certain protections. Read the full essay at www.okbar.org/lawday.

36. Thomas Buchanan 37. Janessa Chastain 38. Cole Steeley 39. Noah Hollifield First Place Second Place First Place Second Place Ninth Grade Art Ninth Grade Art Ninth Grade Writing Ninth Grade Writing Harrah High School, Stilwell High School, Mingo Valley Christian School, Lawton High School, Harrah Stilwell Tulsa Lawton Oklahoma City

20 | APRIL 2019 THE OKLAHOMA BAR JOURNAL HOW JAILS ARE OVERLOOKING PRISONERS’ FIRST AMENDMENT RIGHTS You may still be wondering how refusing someone an animal-friendly meal is a violation of the first amendment. Jailhouse.org states that most judges can agree that, “your beliefs don’t have to be associated with a traditional or even an established religion to be ‘religious.’” The reasoning behind this is saying that while your vegetarianism/veganism may not be typical of your religion – whether that be the 227.9 million Christians, 2.23 million Hindus or 3.45 million Muslims in the US – they are beliefs nonetheless. Read the full essay at www.okbar.org/lawday. 42

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WE WILL NOT BE SILENCED 43 We will not be silenced You will not take our voice As Americans, It is our only weapon That does not kill We will not be silence* You will not steal our voices Our very first law of laws States just that We will not be silenc** Read the full poem at www.okbar.org/lawday.

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40. Aubrey Topping 41. Cameron Bryan 42. Palmer Strubhar 43. Lexis Nolen First Place Second Place First Place Second Place Tenth Grade Art Tenth Grade Art Tenth Grade Writing Tenth Grade Writing Marlow High School, The Academy of Classical Piedmont High School, Kiefer High School, Marlow Christian Studies, Piedmont Kiefer Oklahoma City

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THE IMPORTANCE OF PROTEST 47 45 All of our civil liberties have been put to good use over the decades since the Constitution was first created. These freedoms have been challenged and people have died to protect these rights. The freedoms we are given should not be taken for granted. The civil rights movement, starting with Rosa Parks refusing to give up her seat on the bus to a white male, began on December 1, 1955. It would later be known as the most peaceful protest to happen in America. Read the full essay at www.okbar.org/lawday.

THE FIRST AMENDMENT: 46 WHO IT PROTECTS AND WHY IT’S REINTERPRETATION IS PROBLEMATIC For instance, does freedom of religion protect individuals, religious groups, or nonreligious people, and why is it important that people can freely worship? For that matter, does this part of the Constitution prohibit the government from ever interacting with reli- gion? The freedoms of religion, press, assembly, petition, and speech established by the First Amendment protect different people, and although these freedoms are vital to the American law system, their reinterpretation throughout the years has resulted in some interesting constitutional dilemmas. Read the full essay at www.okbar.org/lawday.

44. Jesse Anderson 45. Katie Williams 46. Katie McQuay 47. Zoey Russell First Place Second Place First Place Second Place Eleventh Grade Art Eleventh Grade Art Eleventh Grade Writing Eleventh Grade Writing Owasso High School, Pocola High School, Skiatook Pawnee High School, Owasso Pocola Pawnee

22 | APRIL 2019 THE OKLAHOMA BAR JOURNAL FIGHT FOR FREEDOM OF SPEECH 51 TINKER V. DES MOINES Can we say Brother-sister from Iowa What we really want to say? Fed up with wars of America I think about this all of the time, Wearing black bands on their arm Every single day To protest the war in Vietnam Is our protesting all That day the school ruled that they’ll allow it Of what it’s even worth But only from their now solemn home. Should we venture with these words Why can’t they benignly and silently, Or should we just disperse Speak against a war without hope? The ones with the power Song lyrics excerpt – hear the song and read all Are just so one sided lyrics at www.okbar.org/ lawday. Read the full poem at www.okbar.org/lawday. 49

48 A GAME-CHANGER DURING 50 THE CIVIL RIGHTS MOVEMENT The right to assemble is often overlooked, but was an influential part of the civil rights movement in the 1950s and 1960s. The civil rights movement was over a two-decade period where African Americans spoke out against their unequal treatment in the the economic, political, and social spectrum. The right to peaceably assemble was the foundational tool used by African Americans during their fight for equality. This right raised public awareness, empowered influential leaders of the time, and led to the creation of landmark Supreme Court cases. Read the full essay at www.okbar.org/lawday.

48. Carmela Dela Isla 49. Grant Mayberry 50. Cassidy Beck 51. Gilbert Johnston First Place Second Place First Place Second Place Twelfth Grade Art Twelfth Grade Art Twelfth Grade Writing Twelfth Grade Writing Broken Arrow High School, Mingo Valley Christian School, Pawnee High School, Kiefer High School, Broken Arrow Tulsa Pawnee Kiefer

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 23 Law Day 2019 County Law Day Chairpersons

Beaver Kiowa Muskogee Seminole Todd Trippet Tom Talley Matthew R. Price Judge Tim Olsen 580-625-4597 580-726-2251 918-683-0309 405-257-2545 and Canadian Latimer Noble Gordon Melson Jana Knott F. Nils Raunikar Shane Leach 405-320-0161 405-262-4040 918-465-1000 580-336-2039 and Judge Brett Butner Choctaw LeFlore Okfuskee 405-257-3386 John Frank Wolf III Amanda Grant Don McFarland 580-326-6427 918-962-2436 918-623-2717 Sequoyah Kent S. Ghahremani Cimarron Lincoln Oklahoma 918-775-5900 Ronald L. Kincannon Sarah L. Kellie Howell 580-544-3209 Soderstrom-Bridge 405-455-1032 Stephens 405-258-1334 Carl J. Buckholts Cleveland Ottawa 580-252-3240 Julia Mills Mettry Logan Jennifer Ellis McAffrey 405-701-8856 Rebecca King 918-919-9290 Texas 405-282-4000 Evan Humphreys Comanche Payne 580-338-3868 Christine Galbraith Marshall Amanda Lilley 580-585-4444 Jeff Landgraf 405-624-1734 Tulsa 580-795-3397 Rebekah L. Guthrie-Frisby Creek Pittsburg 818-949-3565 Carla Stinnett Mayes Judge James Bland 918-227-1177 Chase McBride 918-424-6651 Wagoner 888-848-4558 Richard Loy Gray Jr. Garfield Pottawatomie 918-485-2889 Benjamin Barker McClain Michelle Freeman 580-234-5144 Haley Dennis 405-273-6087 Washington 405-527-7575 James M. Elias Haskell Pushmataha 918-336-4132 Stone B. Sanders McCurtain Charlie Rowland 918-967-9008 Emily Herron 580-298-2525 Washita 580-286-7611 Shane Regier Jackson Roger Mills 580-832-3818 Cole McMahan McIntosh Judge F. Pat VerSteeg 580-482-5551 Caleb Harlin 580-497-3356 Woodward 918-689-9281 Kyle Domnick Kay Rogers 580-256-5517 John R. Andrew Murray Tim Wantland 580-767-0451 Mark Melton 918-341-5973 580-369-2376

24 | APRIL 2019 THE OKLAHOMA BAR JOURNAL Law Day 2019 Law Day History

AW DAY WAS CONCEIVED BY THE LATE HICKS EPTON, a Wewoka attorney who Lserved as Oklahoma Bar Association president in 1953. Before he became president, Mr. Epton served as head of the public relations committee, and in 1951, he launched one of the most important public relations programs ever undertaken by the OBA: Know Your Liberties – Know Your Courts Week. This was one of the last weeks of April dedicated to educating the public about the legal system and celebrating the liberties we have as Americans.

citizens of this country are given Since the first observance, the the opportunity to be informed. American Bar Association, the The goal is worth the effort and national voluntary organization if the system fails or the liberties of the legal profession, has acted are lost, the responsibility will rest as the national sponsor of Law heavily on the legal profession.” Day. State, county and local bar In 1958, President Dwight D. associations organize individual Eisenhower established Law Day projects throughout the country. nationally by presidential proclama- Many national organizations also tion. On this occasion, he said, “It is fit- recognize Law Day, including the ting that the American people should National Education Association, remember with pride and vigilantly National Governors’ Association, guard the great heritage of liberty, United States Conference of justice and quality under law. It is our Mayors, Boy Scouts and Girl Scouts moral and civil obligation as free men of America and civic and services and as Americans to preserve and clubs such as Rotary International strengthen that great heritage.” and Kiwanis International. The OBA continued its celebration The Know Your Liberties – Know of Know Your Liberties – Know Your Your Courts Week spread across the Courts Week, but after much hesita- Hicks Epton nation and earned for the association tion, the decision was made to give was born in two Freedom Foundation awards. up the name in 1960. The change was Arkansas and In preparation for the second made only to take advantage of the earned his annual Know Your Liberties – extensive national publicity given law degree at Know Your Courts Week, OBA to Law Day through the efforts of OU in 1932. President John Halley encouraged the American Bar Association. He moved to Wewoka all lawyers to participate. The first of May was set aside in where he “Every American should know 1961 by a Joint Resolution of Congress practiced law for 40 years. He more about his liberties under the as a “special day of celebration by the served four years as chairman law and more about the American American people in appreciation of of the board of Admissions court system,” Halley said. “The their liberties and the reaffirmation of the Oklahoma Bar, was president of the Oklahoma Bar more they know about them, the of their loyalty to the United States Association in 1953 and of the more they will appreciate the of America” and as an occasion for Oklahoma Bar Foundation from American way of life. It is the respon- “rededication to the ideals of equality 1953 through 1958. sibility of the lawyer to see that the and justice under laws.”

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 25 Law Day 2019 County Bar Association Activities

BEAVER COUNTY The Choctaw County Bar assistants. Awards will be given to BAR ASSOCIATION Association will also participate in members of the legal profession, The Beaver County Bar the Ask A Lawyer program from scholarships will be presented Association will participate in the 7-8 p.m. in conjunction with the to local high school students and Ask A Lawyer program from 7-8 p.m. statewide effort to provide free a speaker will share words of in conjunction with the statewide legal advice. encouragement. For more infor- effort to provide free legal advice. mation, please contact Christine CLEVELAND COUNTY Galbraith at 580-585-4444. CANADIAN COUNTY BAR ASSOCIATION Each year members of the BAR ASSOCIATION The Cleveland County Bar local bar and legal community The Canadian County Bar Association will celebrate Law participate in an annual golf Association will host a panel Day by selling Law Day T-shirts, tournament. If you are interested discussion for local high school holding a Law Day luncheon at in participating in the CCBA Law seniors at the Canadian County noon on May 1 and participating Day Golf Tournament or if you Courthouse on May 2 from 8 a.m. in the Ask A Lawyer program have questions, please contact to 10 a.m. The panel discussion will from 6:30-9 p.m. in conjunction Golf Tournament Chair Monty also include a speech by Oklahoma with the statewide effort to pro- Hightower at 580-355-8920. Supreme Court Vice Chief Justice vide free legal advice. Local attorneys will visit area Patrick Wyrick. The topic of the high schools to speak to students. speech and panel is “Free Speech, COMANCHE COUNTY The attorneys will discuss law as Free Press, Free Society.” BAR ASSOCIATION a career, legal rights and responsi- The CCBA will also participate To celebrate Law Day, the bilities once the students turn 18. in the Ask A Lawyer program Comanche County Bar Association The CCBA will also participate from 3-6 p.m. in conjunction with will host a scholarship application in the Ask A Lawyer program the statewide effort to provide free process for local high school seniors. from 6-8 p.m. in conjunction with legal advice. A committee of attorneys, parale- the statewide effort to provide free gals and administrative assistants legal advice. CHOCTAW COUNTY will review the applications and BAR ASSOCIATION select winners to receive scholarship GARFIELD COUNTY On May 4, the Tri-County Bar awards toward higher education. BAR ASSOCIATION Association, comprised of Choctaw, The Comanche County Bar The Garfield County Bar McCurtain and Pushmataha coun- Association will also host its Association will celebrate Law ties, will host a Law Day Banquet annual Law Day Luncheon on Day by participating in the Ask at the Idabel Country Club. Thursday, May 2, at 11:30 a.m. A Lawyer program from 6-8 p.m. Judge Deborah Barnes with the in the Great Plains Coliseum in conjunction with the statewide Oklahoma Court of Civil Appeals Annex Building in Lawton. The effort to provide free legal advice. will be the guest speaker. The Law Day Luncheon is an event GCBA members will also speak dinner will begin at 6 p.m. with for those in the legal profession, at area schools May 2-3 on the a social hour and the cost is $25 including judges, attorneys, para- importance of free speech, free per person. Please RSVP to Emily legals, court clerks, bailiffs, law press and free society. Herron at 580-286-7611. enforcement and administrative

26 | APRIL 2019 THE OKLAHOMA BAR JOURNAL JACKSON COUNTY LOGAN COUNTY will be the guest speaker. The BAR ASSOCIATION BAR ASSOCIATION dinner will begin at 6 p.m. with The Jackson County Bar The Logan County Bar a social hour and the cost is $25 Association will hold the Ask A Association will participate in the per person. Please RSVP to Emily Lawyer program from 5:30-7:30 p.m. Ask A Lawyer program from 4-7 p.m. Herron at 580-286-7611. on May 9. in conjunction with the statewide Also on May 4, the MCBA will effort to provide free legal advice. host a live Ask A Lawyer program KAY COUNTY on KBEL 96.7 FM at 8:30 a.m. The BAR ASSOCIATION MAYES COUNTY public is invited to call in and To celebrate Law Day, members BAR ASSOCIATION local attorneys will be answering of the KCBA will present local stu- The Mayes County Bar questions. dents with their Law Day Art and Association will participate in The MCBA will also speak to Writing Contest awards. The KCBA the Ask A Lawyer program from schools in McCurtain County on the will also participate in the Ask A 5-6:30 p.m. in conjunction with importance of separation of powers Lawyer program from 7-8 p.m. in the statewide effort to provide and equal branches of government conjunction with the statewide free legal advice. throughout the month of May. effort to provide free legal advice. Bar association members will also present a Salina Elementary OKFUSKEE COUNTY LATIMER COUNTY School student with her Law Day BAR ASSOCIATION BAR ASSOCIATION Art and Writing Contest award The Okfuskee County Bar The Latimer County Bar and give a short speech to the Association will participate in the Association will join the Pittsburg school regarding Law Day, free Ask A Lawyer program from 7-8 p.m. County Bar Association for a Law speech, free press and free society. in conjunction with the statewide Day dinner at Pete’s Place in Krebs effort to provide free legal advice. on May 2. Oklahoma Innocence MCCLAIN COUNTY Project Executive Director Vicki BAR ASSOCIATION OKLAHOMA COUNTY Behanna will be the guest speaker. The McClain County Bar BAR ASSOCIATION On May 1, the LCBA will also Association will participate in the The Oklahoma County Bar join PCBA in holding its Ask A Ask A Lawyer program from 5-7 p.m. Association will host the 2019 Law Lawyer event from 6-8 p.m. in conjunction with the statewide Day Luncheon on Wednesday, effort to provide free legal advice. May 1, at noon at the Skirvin LINCOLN COUNTY Hilton Hotel. The featured BAR ASSOCIATION MCCURTAIN COUNTY speaker this year will be Professor In celebration of Law Day, the BAR ASSOCIATION Robert Kerr from the OU Gaylord Lincoln County Bar Association will On May 4, the Tri-County Bar College of Journalism. Tickets are host local 4th-grade students who Association, comprised of Choctaw, available by calling the OCBA at will participate in a mock trial at McCurtain and Pushmataha coun- 405-236-8421. the Lincoln County Courthouse. In ties, will host a Law Day Banquet The Ask A Lawyer program addition, members will attend the at the Idabel Country Club. will take place Thursday, May 2, annual Law Day Picnic Friday, May 3, Judge Deborah Barnes with the at the OETA studio from 9 a.m. to at the Chandler Baseball Camp. Oklahoma Court of Civil Appeals 9 p.m. and county bar members

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 27 will staff the state hotline. This The PCBA will participate in PUSHMATAHA COUNTY community service event allows the Ask A Lawyer program from BAR ASSOCIATION attorneys to assist the public by 7-8 p.m. in conjunction with the On May 4, the Tri-County giving free legal advice over the statewide effort to provide free Bar Association, comprised telephone or via email. To sign legal advice. of Choctaw, McCurtain and up for this event, go to www. The PCBA will also host Pushmataha counties, will host okcbar.org or call Connie Resar Lawyers at the Library at the a Law Day Banquet at the Idabel at 405-236-8421. Stillwater Public Library on May 3 Country Club. Judge Deborah from 9 a.m. to 2 p.m. Local attor- Barnes with the Oklahoma Court OTTAWA COUNTY neys will be available to offer free of Civil Appeals will be the guest BAR ASSOCIATION legal advice to community mem- speaker. The dinner will begin at The Ottawa County Bar bers on a walk-in basis. 6 p.m. with a social hour and the Association will celebrate Law Lastly, the PCBA will host a cost is $25 per person. Please RSVP Day by holding a mock trial for all bowling tournament on May 8 from to Emily Herron at 580-286-7611. fourth- and fifth-grade students 6-8 p.m. for association members in Miami at the Ottawa County and the court clerk’s office. Teams of POTTAWATOMIE COUNTY Courthouse on May 6. The trial five can register for $100. All pro- BAR ASSOCIATION will involve a civil suit where Mr. ceeds from the bowling tournament The Pottawatomie County Bar Wolf sues Little Piggy for dam- will go to CASA for Kids serving Association will celebrate Law ages caused when he came down Payne and Logan counties. Day by speaking to local students Ms. Piggy’s chimney into a pot of regarding the justice system, Legal boiling water. Additionally, award PITTSBURG COUNTY Aid, giving back to the commu- presentations will be made to BAR ASSOCIATION nity and the importance of helping students for their winning art and The Pittsburg County Bar others through the justice sys- essay entries in the OBA Law Day Association will host a Law Day tem. They will also be presenting Art and Writing Contest. dinner at Pete’s Place in Krebs awards to students who placed in The OCBA will also participate on May 2. Oklahoma Innocence the statewide Law Day Art and in the Ask A Lawyer program Project Executive Director Vicki Writing Contest. from 7-8 p.m. in conjunction with Behanna will be the guest speaker. The PCBA will also participate the statewide effort to provide free On May 1, the PCBA will hold its in the Ask A Lawyer program legal advice. Ask A Lawyer event from 6-8 p.m. from 7-8 p.m. in conjunction with Additionally, a golf tournament the statewide effort to provide free PAYNE COUNTY is tentatively scheduled for May 10 legal advice. BAR ASSOCIATION and bar members will be speak- The Payne County Bar Association ing to classes at area schools on will kick off Law Day with a court- various topics. house staff appreciation lunch on the Payne County Courthouse lawn on April 24 at noon. The annual Law Day Banquet will be April 30 at 6:30 p.m. at Meditations. Three PCBA mem- bers who have practiced more than 50 years will be recognized – William Cubbage, Robert Hert Jr. and Charles McBride. To purchase tickets, contact Jimmy Oliver at 405-624-8383. On May 2 at 1:30 p.m., winners of the Payne County Law Day Art and Essay Contest will be honored along with winners of the statewide Art and Writing Contest. The Hert Law Day Committee members Richard Vreeland and Jennifer Prilliman participate in a Scholarship will also be presented. radio interview on Law Day 2018.

28 | APRIL 2019 THE OKLAHOMA BAR JOURNAL SEMINOLE COUNTY Convention Center. The annual contribution to the legal system, BAR ASSOCIATION James Patterson Memorial Golf the Sandra Day O’Connor Award, As its birthplace, Law Day has Tournament will be held immedi- honoring an educator who teaches always been special in Seminole ately after the luncheon. legal civics and the Brunton-Will County, and this year will be no Continuing Legal Education different. To open Law Week cele- TEXAS COUNTY Award, honoring a TCBA member brations, Seminole County’s young BAR ASSOCIATION who has dedicated years of services lawyers and judges will speak to The Texas County Bar Association to educating other attorneys, will junior high students across the will participate in the Ask A Lawyer be given to deserving winners. county about the legal profession program from 7-8 p.m. in conjunction On May 2, the TCBA will and free speech, free press and with the statewide effort to provide participate in the Ask A Lawyer free society in conjunction with free legal advice. program by helping staff the state- this year’s theme. wide hotline from 9 a.m. to 9 p.m. The county bar will host its TULSA COUNTY in conjunction with the statewide fourth annual essay contest open BAR ASSOCIATION effort to provide free legal advice. to all county junior high students The Tulsa County Bar and high school seniors. The asso- Association will celebrate Law WAGONER COUNTY ciation will award a $1,000 college Day with a variety of events. On BAR ASSOCIATION scholarship to the winning senior April 11 at 11 a.m., a Naturalization The Wagoner County Bar essay contestant and a gift certif- Ceremony will be held at Booker T. Association will participate in the icate to the winning junior high Washington High School. A Ask A Lawyer program from 6-9 p.m. essay contestant. Naturalization Clinic will also be in conjunction with the statewide The association will hold its held on May 4 from 10 a.m. to 2 p.m. effort to provide free legal advice. annual Law Day CLE May 1. There at the Tulsa County Bar Association. will be six hours of CLE (including An art and writing contest WASHINGTON COUNTY one hour of ethics) beginning at will be held for students in Pre-K BAR ASSOCIATION 8:30 a.m. at the Seminole County through 12th Grade. The deadline The Washington County Bar Courthouse in Wewoka. to enter is April 12. Monetary Association will participate in the The SCBA will host a Law Day prizes will be awarded by the Ask A Lawyer program from 6-8 p.m. Luncheon at the Rudolph Hargrave Tulsa County Bar Foundation and in conjunction with the statewide Community Center at noon on May 1. art entries will be displayed at the effort to provide free legal advice. OBA President Chuck Chesnut will Law Day Luncheon. The WCBA is also planning be the featured speaker. Also on April 12 at 11 a.m., a a Law Day Golf Tournament at Lastly, the SCBA will partici- Law Day mock trial will be held the Hillcrest County Club in late pate in the Ask A Lawyer program at the Tulsa County Courthouse May and will volunteer to make from 7-8 p.m. in conjunction with for Hamilton Elementary School Law Day-related presentations at the statewide effort to provide free second graders. The case will be Bartlesville Public Schools. legal advice. Three Bears v. Gold E. Locks. A Law Day Book Club will WASHITA COUNTY SEQUOYAH COUNTY meet April 25, May 14 and June 18. BAR ASSOCIATION BAR ASSOCIATION Participants will meet to discuss To celebrate Law Day, Washita The Sequoyah County Bar Killers of the Flower Moon by David County Bar Association members Association will participate in the Grann, How Democracies Die by will provide presentations to local Ask A Lawyer program from 6-8 p.m. Steven Levitsky and Daniel Ziblatt students on May 2 at the Washita in conjunction with the statewide and My Dear Hamilton by Stephanie County Courthouse. The topic of effort to provide free legal advice. Dray. Registration is required, free the presentation will be the his- and limited to the first 15 who con- tory and application of the First STEPHENS COUNTY tact [email protected]. Amendment’s role in protecting the BAR ASSOCIATION The Law Day Luncheon will freedom of the press in the United The Stephens County be held at the Doubletree Hotel States. The students will then tour Bar Association will host its on May 3. Ziva Branstetter with the Cordell Beacon office and meet annual Law Day Luncheon on the Washington Post will be the the local journalists to discuss the Friday, May 3, at noon at the keynote speaker. The Liberty Bell impact of the First Amendment on Simmons Center – Jack A. Maurer Award, honoring a nonlawyer’s their role in our society.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 29 Law Day 2019 Proclamation and Directive

30 | APRIL 2019 THE OKLAHOMA BAR JOURNAL Oklahoma Supreme Court Chief Justice Noma Gurich (seated) signs the Law Day Directive. Witnessing the signing are (from left) OBA President-Elect Susan Shields, Law Day Committee Chair Kara Pratt and Committee Vice Chair Ed Wunch.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 31 Estate Planning You Mean the Government Can Control My Guns? The Estate Planner’s Guide to Firearm Distribution in Oklahoma By Gale Allison, Rebecca Wood Hunter and Vale Gonzalez

LLEGAL FIREARM TRANSFERS understood, estate planners can the NFA4. Each of these laws limit Ihave potentially severe conse- customize estate planning docu- its scope to certain types of fire- quences to both the transferor and ments to provide protections to arms. The purpose of the GCA is the transferee. Estate planning reduce the potential for fiduciary to control interstate transfers of all and probate attorneys need to be liability and to ensure that fidu- guns, while the NFA places license aware of these potential traps and ciaries and beneficiaries are not requirements for possession of cer- inform their clients that fines of inadvertently breaking the law. tain types of firearms considered up to $10,000 and jail time of up to Gun trusts structured to com- more dangerous. 10 years (or both) can be imposed ply with the National Firearms Act The GCA defines the word for improper transfers of certain (NFA)2 provide several incentives firearm in a broad sense and firearms.1 Additionally, establish- that make them the go to vehicles includes all firearms, embracing ing estate planning tools to protect of choice for NFA firearms. NFA those firearms contained in the the parties involved in the transfer firearms have more restrictions NFA. The NFA defines firearm in will assist in complying with fed- and legislation than other firearms a narrower sense than that of the eral and state law, helping to pro- due to their destructive potentials. GCA’s definition. To remove con- tect fiduciaries and beneficiaries. Since NFA firearms are heavily fusion, this article references GCA regulated, there are numerous firearms as “firearms” and NFA THE ESTATE issues involved in the transfer of firearms as “NFA firearms.” The PLANNER’S ROADMAP these firearms. The benefits of the guide also uses “gun” to reference For estate planners, having one NFA gun trust include: 1) allowing both firearms and NFA firearms. more issue to consider, on top of for use of the NFA firearms by This article limits itself to federal the other hundreds of issues which multiple individuals during the and Oklahoma law, though other need to be covered, is not easy. gun’s ownership by the trust, not state laws5 must be reviewed if a Even with the best of intentions by just use by a single owner; and firearm is involved in an interstate trustees and estate representatives, 2) assistance in facilitating trans- transfer, later discussed. improper firearm transfers can fers to qualified beneficiaries. The main objective for estate lead to criminal charges, fines and planners and probate attorneys is jail time. To best prepare estate FEDERAL FIREARM CONTROL – to make a legal transfer of guns. planning documents and provide THE ESSENTIALS The following questions must be proper guidelines for fiduciaries, There are two federal acts that answered to assist in making a estate planners must understand affect how a fiduciary of a dece- legal distribution: the complexity of federal and dent’s trust or estate must distrib- state laws as these laws relate to ute firearms. These laws are known the transfer. Once the laws are as the Gun Control Act (GCA)3 and

32 | APRIL 2019 THE OKLAHOMA BAR JOURNAL „„ What is the gun’s category? It USPS, UPS or FedEx (which an intrastate transfer. If it is can either be a GCA firearm each have their own set of an interstate GCA firearm, or a NFA firearm. If it is a restrictions). no transfer documentation is NFA firearm, the Bureau of „„ Is the fiduciary aware of any required, unless the beneficia- Alcohol, Tobacco, Firearms issues which would make the ry’s resident state requires it. and Explosives (ATF) receiving beneficiary ineligible requires forms from the to possess a firearm? If so, These questions should be fiduciary and the benefi- you may not legally transfer. addressed with your clients so that ciary. A NFA firearm with- Knowingly transferring guidelines can be set out within out proper ATF registration firearms to a restricted estate planning documents to ensure and a proper transfer on person is illegal. If the compliance with the law during ATF forms makes the fire- transfer is intrastate, federal weapon transfers. Knowing if a arm contraband and it must and Oklahoma restrictions beneficiary can legally receive the then be forfeited to the ATF apply. If the transfer is inter- weapon (at the time of distribu- or risk jail time and fines. state, federal law as well as tion) and indicating proper direc- „„ Where is the beneficiary resid- the beneficiary’s residing tions on distributions of firearms ing? Is it an intrastate or inter- state laws apply. The law helps to ensure that the distribu- state transfer? How do I get of the beneficiary’s state of tion will occur in a legal manner. the firearm to the beneficiary? residence may have further Furthermore, having a fiduciary In intrastate transfers, using procedures for transfer of a instruction package that further common carriers or physi- gun or prevent other cate- details the nuances of gun transfers cally handing the weapon to gories of individuals from will aid transfers that comply with the beneficiary is allowed. possessing firearms. legal requirements. If NFA firearms If interstate, the transfer can „„ How do I make the transfer legal? are part of a client’s property, prepar- be accomplished by physi- If it is a NFA firearm, follow ing a NFA trust that is specifically cally delivering the firearm the proper documentation structured to block any potential to the beneficiary, using a required by the ATF later out- illegal transfers from occurring will federal firearms licensee lined. If it is a GCA firearm, reduce the risk of a client’s undesired (FFL) (later discussed) or Oklahoma does not require contact with law enforcement for mailing to a FFL through firearm documentation in violation of federal and state laws.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 33 GUN CONTROL ACT licensed dealers (FFLs) – special an estate or be the trustee of a trust For the GCA to apply, a firearm license holders typically required in which any guns or weapons are must be transferred in interstate when a firearm is transferred involved. Doing so could impose commerce. A transfer occurring interstate.9 FFLs include gun severe penalties and potential jail within the same state is not within brokers and dealers who issue time for the individual. the scope of the GCA. The GCA background checks and ensure In an initial assessment of provisions never replace state law, transfers follow state and federal distribution of guns, fiduciaries only add to it. Since the GCA law laws. The general rule is that must evaluate whether they have does not replace state law, both the fiduciaries are not required to knowledge or reasonable cause to fiduciaries and transferee’s residing use a FFL for transfers occurring believe that any beneficiary is a state law will apply to interstate through bequest or intestate suc- person who is a “restricted person.” transfers. To illustrate, a transfer cession.10 For the rule to apply, it A restricted person is a person the of a firearm between residents of requires the beneficiary receiving GCA or state law has forbidden Oklahoma and Texas are required the firearm do so through bequest from acquiring or owning a gun. to comply with both Oklahoma or intestate succession, and trans- In the estate planning context, this and Texas law as well as the GCA. ferees must be able to lawfully will likely require a review of the possess the firearm in their resid- client’s knowledge of the prospec- GCA Firearm Definitions ing state. However, the best prac- tive beneficiaries. The law punishes The GCA defines the type of tice for interstate transfers would individuals, including fiduciaries, firearms within its scope. Since be to transfer by way of a FFL. who knowingly transfer firearms the GCA broadly defines firearms, to these restricted persons. If the most firearms will be covered NATIONAL FIREARMS ACT proposed gun transfer is to a by the GCA. Antique firearms, The NFA requires additional beneficiary outside of Oklahoma, firearms outside the scope of the licensing and regulation for pos- then the beneficiary’s state law GCA, can be defined into catego- session of certain guns the federal may have additional categories ries both of which require: 1) the government deems more danger- of restricted persons. Fiduciaries manufacturing of the firearm prior ous, and the act details the process must comply with federal law and to 1899; 2) the firearm not designed necessary to legally transfer a NFA the beneficiary’s state laws or risk or redesigned for using rim fire or firearm. The NFA, unlike the GCA, criminal liability. Assessing the conventional center fire ignition is not limited to interstate commerce laws of the beneficiary’s estate and with fixed ammunition; and 3) any and applies to all NFA firearms applying restrictions within the firearm using fixed ammunition regardless of the fiduciary’s and estate planning documents to pro- for which ammunition is no longer beneficiary’s residency. Some fire- vide for a contingent beneficiary manufactured in the United States arms in the NFA include short- streamlines the process in case of and is not readily available.6 barreled shotguns and rifles, a restricted beneficiary. “Destructive device”7 is a catch- machine guns and explosive all term which falls within the scope devices.11 Penalties are substantial Federal Law of the GCA. A destructive device if the NFA is violated.12 Since the Categories of restricted per- generally fits into one of three cat- NFA has specific requirements for a sons are found in the GCA. Keep egories: 1) an explosive, incendiary transfer to be legal, placing specific in mind both non-NFA and NFA or poisonous device; 2) any kind restrictions within a NFA gun trust firearms are subject to this GCA. of weapon that has a barrel larger helps secure all parties involved from A restricted person includes than one-half inch in diameter (an receiving fines and criminal charges. anyone convicted of a crime exception exists for shotguns if the Understanding what restrictions are punishable by a term exceeding attorney general finds the weapon necessary to include in estate docu- one year, a fugitive, an unlawful suitable for sporting purposes); or ments is crucial to prepare for any user of or someone addicted to 3) any parts designed or intended potentially illicit transfers. a controlled substance, someone for use to create any of the previ- who has been committed to a ously mentioned items.8 ILLEGAL TRANSFERS – mental institution or adjudicated RESTRICTED PERSONS to have a mental defect, an alien, Federal Firearm Licenses A fiduciary who is prohibited a service member who has been The GCA created a transferring from owning or possessing a dishonorably discharged, anyone system to control firearm traf- weapon of any kind should not be who has renounced his or her ficking by using federal firearm appointed as the representative of U.S. citizenship, most instances

34 | APRIL 2019 THE OKLAHOMA BAR JOURNAL where someone has had a protec- Fiduciary Duties residency. If the beneficiary is an tive order entered against him or There is a distinction between out-of-state resident, the GCA does her in domestic related matters federal and Oklahoma law regard- not bar the transfer, but certain and anyone convicted of a misde- ing a fiduciary’s duty to deter- obstacles can present themselves if meanor for domestic violence.13 mine whether an individual is mailing is the desired distribution a restricted person for purposes method. There are three available Oklahoma Law of a potential transfer of a gun. methods of distribution, which are: Oklahoma law has two relevant Federal law indicates that a fidu- 1) physically handling the firearm; statutes of concern to a fiduciary. ciary cannot convey the gun to any 2) mailing the firearm to a FFL; and In Oklahoma, it is unlawful to person who the fiduciary “know- 3) mailing directly to a non-FFL knowingly furnish a firearm to an ing or having reasonable cause individual. Although the following incompetent person14 or to transfer to believe” may be a restricted methods apply to all firearms, NFA firearms to convicted persons.15 person, while Oklahoma law uses firearms have additional require- While it is not required that a fidu- the term “knowingly,” seeming ments and paperwork which will ciary investigate the status of the to indicate that there is less of a be discussed later. person receiving the firearm, it is burden of investigation as to the Physically handing the firearm strongly recommended that reason- restricted status of the beneficiary. to the beneficiary is the simplest of able steps are taken to deliver guns The laws seem to indicate that to all the methods of distribution. It to only nonrestricted individuals. avoid criminal liability, the fidu- does not matter if the beneficiary Fiduciaries do not have an affir- ciary must simply establish that she is an Oklahoma resident or not, the mative duty to issue a background has no reasonable cause to believe fiduciary can legally hand the fire- check in Oklahoma, but they may that person is a restricted per- arm to the beneficiary. However, if be required to if the beneficia- son. However, the better practice it is a NFA firearm, ATF forms and ry’s state law requires it, or if the would be to do some investigation approval from the ATF are neces- fiduciary has reasonable cause to to determine that the beneficiary sary for a legal transfer.16 believe the beneficiary is a restricted is not clearly a restricted person. A fiduciary, unless they are a person. Nevertheless, care should Additionally, a good practice might licensed gun dealer or broker, is be taken by the fiduciary if there is include having the beneficiary sign considered a non-FFL individual. any reasonable basis to suspect the an affidavit that he or she does not Although a fiduciary is allowed to person may fall into the category of fall into the category of a restricted transfer the firearm interstate by a “restricted person.” Since no laws person. If there is reasonable cause mail, it may be a difficult method to exist in Oklahoma establishing an for concern that a beneficiary might use. Reviewing the ever-changing affirmative duty on the fiduciary be a restricted person, a fiduciary policies of courier services prior to to conduct a thorough investiga- should follow up with a back- mailing from a non-FFL individual tion prior to a transfer, discussing ground check prior to transfer. to another non-FFL is difficult, can potential liabilities during the estate lead to violations and is not rec- planning stage is essential. METHODS OF DISTRIBUTION ommended; additionally, finding a A fiduciary has different options carrier to mail directly to the benefi- available when distributing a fire- ciary may be problematic. Mailing to arm, and the options vary depend- a FFL is the best practice for delivery ing on the beneficiary’s state of to a beneficiary out of state.

While it is not required that a fiduciary investigate the status of the person receiving the firearm, it is strongly recommended that reasonable steps are taken to deliver guns to only nonrestricted individuals.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 35 ADDITIONAL REQUIREMENTS NFA firearms held in gun trusts occur; 2) the trustee must notify FOR NFA FIREARM TRANSFERS become nonprobate assets. One the proper authorities if a firearm The ATF oversees NFA firearm of the key benefits to a gun trust is moved to another state; and transfers. The ATF requires fidu- is that it allows more individuals 3) clear provisions must be con- ciaries and beneficiaries to supply access to the firearm (without a tained in the trust that outline the certain documents prior to trans- gun trust, there are strict rules exact forms necessary when the fire- ferring the NFA firearm. A typical over who can use a NFA weapon arm is transferred to a beneficiary. NFA transfer takes approximately six to eight months so starting the process early is crucial. Once the fiduciary determines he or she must transfer a NFA firearm, the fiduciary must attempt to locate any registration forms tied to the NFA firearm. If no license or documents exists, the fiduciary must contact the ATF and send proof of executor’s appointment, or authority through trust, so registration documents can be released to fiduciary. If the NFA firearm is not registered, it is consid- ered contraband and must be forfeited to an ATF office. If the NFA firearm is regis- tered, the fiduciary must file Form 5 Application for Tax Exempt Transfer and Registration of Firearm) found on the ATF website, and unauthorized use is subject The gun trust should contain a as well as documents showing: to criminal penalties), subject to provision that limits the trustee’s 1) the executor’s power, such as by the care and responsibility of the power to transfer, dispose, sell, will or court order appointing exec- trustee, as well as allowing the assign or otherwise transfer the utor; 2) documents showing the trustee access to the firearm.17 NFA firearm unless ATF approval beneficiary’s right to the NFA fire- Gun trusts must be approved is acquired. This provision serves arm such as a probated will with by the ATF and have required to inform the trustee of his duties a decree of distribution or a trust; forms, fingerprinting, background and obligations so ATF require- and 3) a FBI Form FD-258 contain- searches and notification to a chief ments are met and serves to ing beneficiary’s fingerprints. No law enforcement officer that must counter the presumptions that transfer should occur until the ATF be submitted. Typical approval trustees can dispose of property as has approved it. If the transfer is time with the ATF generally runs any owner would in a normal trust. to an out-of-state beneficiary, the six to eight months. Although Additionally, the power of the NFA requires a fiduciary to file non-NFA firearms can be part of trustee to transport NFA firearms Form 20 (Application to Transport a NFA trust, it would not be wise should be limited as well. Since the Interstate or to Temporarily Export to include them since NFA trusts GCA limits the transfer of certain Certain National Firearms Act place heavy restrictions and lim- NFA firearms, a provision within Firearms) with the ATF. itations on the firearms. The better the trust should limit the transfer practice is to include non-NFA until after ATF approval is granted NFA GUN TRUSTS firearms in a traditional trust. through Form 20. A NFA gun trust is a creature With a NFA gun trust, three dif- Revocation of a gun trust can of state law made specifically for ferent types of instructions must lead to criminal liability and civil NFA firearms. These trusts are be placed in the gun trust so the penalties. The ATF considers often referred to as “gun trusts.” trustee can adequately enforce the revocation a transfer. That can The ATF will consider a gun trust trust and comply with federal law: lead to issues if the trust is dis- valid as long as it appears valid 1) the language of the trust must solved. For example, if A, B and on its face. Like other trust assets, ensure proper transfer procedures C create a gun trust that holds a

36 | APRIL 2019 THE OKLAHOMA BAR JOURNAL machine gun and later the trust of a decedent. For additional 6. 18 U.S.C. §921 (g). is dissolved, where would the information, it is suggested that 7. 18 U.S.C. §921 (a) (4). 8. Id. firearm go? To guard against this the ATF website and related docu- 9. A great source of information regarding potentially dangerous outcome, ments be reviewed for updates. FFLs is located on this form within the ATF website: www.atf.gov/resource-center/docs/ it is suggested that, for gun trusts 0813-firearms-top-12-qaspdf/download. with multiple settlors, a provision Authors' Note: Rebecca Wood Hunter 10. 18 U.S.C. §922(a)(3)(A). 11. 26 U.S.C.S. §5845 (a), (b), & (e); Unlawful be included in the trust allow- is the author of Westlaw’s Bogert’s constructive possession, an issue found in U.S. ing for one specified settlor who Trusts and Trustees, June 2018 v. Turnbough, 1997 U.S. App. LEXIS 11886, *6 (7th Cir. May 1997) found that the government would pay the other settlors their Update chapter “Revocable Trusts can find a defendant to have constructive fair share of contribution for the §1089 Gun Trusts.” possession of a firearm when the individual had ownership, dominion or control of the place the guns included in trust if the trust firearm was stored. However, the court did state were to be dissolved. Appropriate “that if a firearm is owned by the trust and the owner’s spouse is also designated as a trustee, transfer forms would have to be ABOUT THE AUTHORS the spouse then would have full permission to completed with the ATF. Gale Allison has four decades of use the NFA item held in the trust and could not be prosecuted for unlawful possession of the A transfer by revocation is estate, trust and tax experience firearm.” not illegal on its face but can be as an estate and trust lawyer and 12. 26 U.S.C. §5871. 13. 18 U.S.C. §§922(g). dangerous since it can be an illegal consultant. A former litigator for 14. 21 O.S. §1289.10. transfer without proper precau- the federal government and estate 15. 21 O.S. §1239.12. 16. Additional laws apply for crossing state tions and approved paperwork. tax attorney for the IRS, she is now lines with guns. Keep in mind that a transfer must in private practice with Schaffer be documented by following all Herring PLLC in Tulsa and mediates NFA procedures required by the business, estate/trust, elder care ATF. Prior to revocation, a Form 4, and family issues exclusively through fingerprinting the transferee and Dispute Resolution Consultants. notifying a chief legal enforcement Rebecca Wood Hunter is the officer are required for a legal founder of Rebecca Wood Hunter transfer to occur since the fire- PLLC law office located in Coweta. arm is moving from the trust to She has a general civil practice with a person. a heavy emphasis in estate planning, As a safeguard provision, a gun probate and family law matters. She trust should contain a provision speaks across the state on various that a revocation by the settlor is topics related to estate planning. not allowed until ATF approval Vale Gonzalez graduated in is received, and the gun trust December 2018 from the TU should further provide that the College of Law. He has a B.A. in settlor cannot alter or remove this criminology from the University of same provision. An alternative Texas at Dallas. Fluent in Spanish provision would be to completely and English, he has worked in disallow changing the provisions estate and trust law, federal and of the trust unless necessary to state criminal defense and pro comply with the law. While this bono immigration cases. is a much harsher alternative, it would disallow settlor revocation and prevent against tampering ENDNOTES 1. 26 U.S.C. §5871. with the trust which might result 2. Pub. L. No. 90-618, 62 Stat. 1214 (codified in an illegal transfer. as amended at 18 U.S.C. §§921-931 (2012). 3. Pub L. No. 90-618, 62 Stat. 1213 (codified as amended at 18 U.S.C. §§921-931 (2012). CONCLUSION 4. Pub. L. No. 73-474, 48 Stat. 1236 (codified at IRC Ch. 53) (June 26, 1934). Great care should be taken 5. The Bureau of Alcohol, Tobacco, Firearms when advising clients on the and Explosives (ATF) publishes a reference guide with regard to state laws. However, state laws should transfer of any type of gun or be specifically checked as they are constantly other weapon by will or trust to revised and renumbered and the ATF’s manual was last updated in 2011. ATF P 5300.5; www.atf.gov/ avoid any liability to a future fidu- firearms/docs/state-laws-and-published-ordinances- ciary and carrying out the wishes firearms-2010-2011-31st-edition-atf-p-53005.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 37 Real Estate Property Law Zero Cash Flow Investing: Utilizing ZCF Properties to Satisfy 1031 Exchanges and Extract Value By Jeff Tracy

NVESTING IN REAL ESTATE, owners with steady, dependable flow,” or “zero” as it is sometimes Iwhether through residential, “mailbox” money with virtually called, refers to all the property’s multifamily or commercial proper- no responsibilities. net operating income going to ser- ties, has long since been a staple of Other options include acquir- vice the underlying loan, and there family office and high-net-worth ing property under a double-net is no money remaining to be dis- individuals’ portfolios and related lease, which is similar in structure tributed to the owner. This might estate plans. While different in to triple-net, but the owner of the not sound attractive to all inves- practice from each other, property property is typically responsible tors, but a property and related ownership in general has proved for capital improvements to the lease with this structure provides to be a stable investment over the roof and structure while the tenant numerous financial benefits. long term and a good vehicle to remains liable for all other costs increase net worth.1 and expenses. However, there is OVERVIEW OF THE ZCF Investing in net lease properties another structure in the net-lease MARKET: VALUATION is an area where many commer- market that is largely overlooked METHOD AND PRICING cial real estate investors choose and underutilized by investors, Most commercial investment to start. There are several types especially high-net-worth individu- properties are priced through a of net lease properties for inves- als who are looking for tax benefits cap rate, which is simply a way to tors to consider, and a variety of not offered through traditional real evaluate the unlevered return an financial structures and vehicles estate investments: zero cash flow investor can expect to receive on can be used to acquire these (ZCF) properties. an investment. A cap rate is calcu- assets. For example, an investor A ZCF property is highly lev- lated by dividing the net operating may purchase an asset with a eraged and backed by a long-term, income by the purchase price. For single-tenant, triple-net lease. bond-quality lease guaranteed example, if you buy a property for This triple-net lease allows an by an investment-grade tenant. $1 million and the net operating investor to acquire a free-standing, Typically, the tenant is on a lease income is $100,000, you purchased single-occupant commercial prop- of 20 years or more and has an that property at a 10 percent cap erty with the tenant assuming investment-grade credit rating. The rate ($100,000/$1,000,000). While responsibility for all expenses – result is that a lender is comfortable there are a variety of factors that most notably the taxes, insurance with monetizing the entire rent can impact cap rates, there are three and maintenance – related to the stream so the financing amounts primary factors that provide for the property for a set term length. to 100 percent of the rent through biggest impact on the rate: credit of This gives the tenant control of the a nonrecourse, assumable, fixed- the tenant, quality of the underlying property while providing investor rate mortgage. The term “zero cash real estate and term of the lease.

38 | APRIL 2019 THE OKLAHOMA BAR JOURNAL The credit of the tenant, or more accurately the guarantor, is the first factor to consider as the investor is essentially underwriting and investing in the steady cash flow that comes from the triple-net structure of the lease. The lease and related income stream are only valuable for as long as the tenant remains in business. The stronger the guarantor’s credit, the lower the risk to the cash flow and thus the lower return and related cap rate. Because the value in the income stream is derived from the tenant’s ability to continue to pay rent, the underlying real estate is typically a secondary consideration. With that said, two similar properties situated in two different geogra- phies will drive different risk and different cap rates. For example, a FedEx distribution facility in Chicago will drive a better price (i.e., a lower cap rate) than the same facility in a tertiary market. Similarly, a Walgreens will drive a better price in Tulsa than in one of its rural suburbs. The last consideration is the length of the lease. Again, because the value in the lease is the cash flow it generates, the longer the

APRIL 2019 | 39 lease provides for the payment of example is a worst-case scenario transaction given the low equity that rent, the less risk and con- in favor of the traditional triple-net requirement. A buyer coming out sequently the lower the cap rate. property. In practice, the equity of a sale with more modest lever- That is, all else being equal, a lease obligation in a ZCF as compared age, or even all cash, may look to with 15 years left on the term is to a traditional triple-net property a zero in order to take advantage more valuable than a lease with is usually substantially lower, of the paydown/readvance fea- just five years remaining. making ZCF properties highly ture available to them via the loan agreement. In short, this paydown/ readvance feature allows the pur- chaser to put down funds gener- ated by the initial sale toward the purchase of the subject property, The paydown/readvance feature is a key benefit thus meeting the 1031 exchange equity requirements. In turn, the lender will readvance funds back in ZCF structured deals. This feature allows the to the purchaser up to the amount of the loan balance on the transac- purchaser of the ZCF property to put down tion date. Importantly, those funds are readvanced on a tax-free basis. funds generated by the initial sale toward the The second instance where a ZCF property is a good option is purchase of the subject property, thus meeting the high-net-worth individual who does not need or want the positive the 1031 exchange equity requirements. cash flow typically received from most commercial property invest- ments. Instead, the high-net-worth individual uses the loss through the depreciation and interest expense of ZCF properties are valued dif- sought after and coveted. To give the property to offset gains in other ferently though. While a cap rate some context, there is approxi- assets or investments. Importantly, can be calculated using typical mately $2 billion of inventory in the losses in the early years of the methodology, ZCF properties are ZCF deals mixed across roughly lease may be significant, especially valued by the amount of equity on top 140 available properties, with if the owner utilizes accelerated of the debt that is required to acquire some of those properties being depreciation. As the term pro- the property, with most zeros trading offered as portfolios rather than gresses, however, the loan balance for an equity position of 10 percent to on an individual basis. In compar- decreases as does the related 20 percent above the debt, rather than ison, there is more than $26 billion reduction in interest expense. As a a typical transaction where a buyer of traditional net-lease supply cur- result, the lease will often generate would need to bring 30 percent to 40 rently on the market, illustrating “phantom income” beginning in percent equity. This unique value the rarity of ZCF offerings. year 10 to 12 and will occur for the calculation results in ZCF prop- remainder of the term. erties serving as the most inex- ZCF BUYER TYPES pensive way to acquire a quality There are generally two PAYDOWN/READVANCE commercial asset. For example, instances where a buyer would FEATURE a typical $5 million triple-net want to acquire a ZCF prop- The paydown/readvance fea- property would require at least erty. The first is the typical 1031 ture is a key benefit in ZCF struc- 30 percent equity resulting in an exchange buyer which, with the tured deals. This feature allows equity obligation of $1.5 million. financing already in place and the purchaser of the ZCF property In the ZCF scenario, however, if assumable at low cost, makes the to put down funds generated by the equity obligation is reduced to ZCF structure attractive. A 1031 the initial sale toward the pur- 20 percent and the full debt stays exchange buyer coming out of a chase of the subject property, thus at $5 million, a buyer would only high-leverage sale with minimal meeting the 1031 exchange equity need to bring $1 million to the sale proceeds may look to a zero requirements. In turn, the lender closing table. Keep in mind, this to fulfill their up-leg portion of the will readvance funds back to the

40 | APRIL 2019 THE OKLAHOMA BAR JOURNAL purchaser up to the amount of the instrument on the property which ILLUSTRATION OF loan balance on the transaction is backed by the cash being pulled ZCF TRANSACTION date, allowing the owner of the out by the owner. Before the new As noted above, in addition property to extract the equity from note is created, the owner and a to the tax loss and relatively low the property tax free. newly created bankruptcy remote, initial equity investment, the most There are two ways this paydown/ special purpose entity with sub- significant benefit for most inves- readvance feature can be struc- stantively identical organizational tors is the paydown/readvance fea- tured in the debt instrument: the documents execute an assignment ture which provides for the tax-free traditional paydown/readvance and assumption agreement which extraction of equity dollars through language or a Substitute Collateral assigns the cash collateral to the either the standard paydown/read- Right. The standard paydown/ new entity, and the new entity vance or Substitute Collateral Right readavance language will look assumes the debt obligations under language in the existing mortgage something like the following: the new note. Upon the satisfaction documents. In practice, here is how of numerous conditions, the owner the feature works. If the Company exercises the then has the right to assume the An owner of a traditional Paydown Option, the Company debt of the newly created entity investment property is preparing may request a readvance of the and the grantee executes a termi- to sell the asset for $20 million Principal Paydown Amount nation statement that releases its and exchange into a ZCF prop- (the “Readvance Principal security interest in the cash collat- erty. She has held the property Amount”) which if advanced eral. The cash collateral funds are for a substantial period of time shall be deemed an advance then released to the owner. resulting in a debt obligation of of principal pursuant to the Regardless of the structure and $5 million with $15 million of Senior Note (the “Readvance language used in the debt instru- equity. The owner has identified Option”) on any Business Day ment for the paydown/readvance a ZCF property she can purchase during the Readvance Option feature, the end result is the same for $20 million with $2 million as Period upon satisfaction of – the new owner of the ZCF property equity (approximately 11 percent the Readvance Conditions and related lease receives the readvanced above the debt) and assuming (as hereinafter defined). The dollars tax free. At this point, the $18 million of debt. The owner Company may exercise the owner is able to use the funds for applies the full $15 million in cash Readvance Option, if at all, by any purpose, including funding to purchase the ZCF replacement giving written notice to the new business investments, acquir- property, thus meeting the equity Mortgagee (or its designee) of ing additional properties with a obligations of the 1031 exchange. the Company’s intention to new baseline or acquiring securities. The debt obligation is also covered exercise the Readvance Option (the “Proposed Readvance Notice”), which must specify the amount of the Readvance Principal Amount and the date on which the Readvance Principal Amount is to be dis- bursed (the “Readvance Date”).

The Substitute Collateral Right language, on the other hand, is a second option and may be included in the debt instrument.2 The Substitute Collateral Right produces the same result as the paydown/ readvance feature above but does so in an infinitely more com- plex way. In short, the Substitute Collateral Right allows an owner of a ZCF property to extract equity through the issuance of a new debt

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 41 as the $18 million of debt clearly ZCF option, they most certainly covers the $5 million of outstand- could have done so. As for the ing debt on the original property. second question, as mentioned Prior to closing, the owner notifies earlier, the ZCF structure is not the lender of her intent to exercise well known and often overlooked, the paydown/readvance feature in and the perceived complexity of the loan documents after closing. the structure is a primary cause. The owner closes on the sale of Hopefully, this article provided the ZCF property, and her 1031 enough general knowledge about exchange is complete. the ZCF structure that you, the real The next day, or whenever she estate, estate planning or M&A wants to within the timing restric- practitioner can ask your clients tions in the debt instrument for the this question: “Have you consid- ZCF property, the owner engages ered a ZCF property?” Clients do the mortgagee and provides notice not rely on their advisors to simply of her intent to exercise the pay- answer their questions. Instead, down/readvance or the substitute clients often wonder, “What ques- collateral feature within the debt tions am I not asking that I should instrument. The owner had applied be?” With even a basic understand- the full $15 million in equity to ing and awareness of the ZCF the purchase price, and of that $15 structure, advisors will be better million, $13 million is available as equipped to serve their clients. excess from the $2 million of equity required to purchase the property. At this point, the debt is readvanced ABOUT THE AUTHOR from $5 million to the original Jeff Tracy is an associate at Stan $18 million, with the proceeds of Johnson Company. He focuses on $13 million going to the ZCF owner. the disposition and acquisition of As a result, the income deferment net lease office, retail and industrial protections under the 1031 have properties nationwide with a focus been successful and the owner has on providing sale leaseback and pulled out $13 million in nontaxable zero cash flow advisory services proceeds from the transaction. to corporations, high net worth individuals, family offices and CONCLUSION private equity firms. In conversations with friends, family, investors and attorney ENDNOTES colleagues about ZCF properties, 1. Jorda, Oscar, Katharina Knoll, Dmitry Kuvshinov, Moritz Schularick, Alan M. Taylor. The I often hear two questions. First, Rate of Return on Everything, 1870-2015. See “Does the IRS know about ZCF also Egan, John. “Where is Smart HNW Money Going?” www.nreionline.com June 3, 2018. properties?” and second, “Why 2. The Substitute Collateral Right language have I never heard of ZCFs?” is not included due to its length. Instead, a summary of the structure is included which To address the first question, condenses approximately 15 pages of defined yes, the IRS is aware of these types terms, exhibits, conditions and “provided further” language into a single paragraph. All of transactions. Congress recently SCR language in the debt instrument should be restructured the tax code and thoroughly reviewed and understood prior to added provisions and investment finalizing any ZCF transaction. opportunities that expanded the tax advantages that real estate investors can achieve (i.e. oppor- tunity zones, leaving the 1031 in place, etc.). Had Congress wanted to address or even eliminate the

42 | APRIL 2019 THE OKLAHOMA BAR JOURNAL

Bar News Bar Members Celebrate Membership Anniversaries

HE OKLAHOMA BAR MAJOR COUNTY TAssociation congratulates James A. Wilkinson, Fairview these members who reach signifi- cant milestone anniversaries in 2019. OKLAHOMA COUNTY Jay Rosser Bond, Oklahoma City Harry Edwinn Brown Jr., Oklahoma City Murray Cohen, Oklahoma City Frederick Page Dobson, Oklahoma City BEAVER COUNTY Marjorie P. Downing, Robert Herschel Goetzinger, Oklahoma City Beaver Theodore Marinus Elam, Oklahoma City CANADIAN COUNTY Barry D. Mock, Oklahoma City Earl D. Mills, Yukon OKLAHOMA COUNTY Homer Paul, Edmond Fenton R. Ramey, Yukon William R. Burkett, Oklahoma City James Roll Tourtellotte, Nichols Hills Joseph E. Burns Jr., Edmond Claude S. Woody Jr., Edmond CHEROKEE COUNTY William N. Christian, Oklahoma City Jerry Lynn Brown, Park Hill TULSA COUNTY TULSA COUNTY Bill Dean Borders, Tulsa CLEVELAND COUNTY Joseph W. Morris, Tulsa Samuel Phillips Daniel Jr., Tulsa Donald N. Bykerk, Oklahoma City Ollie W. Gresham, Tulsa William H. Mattoon, Norman OUT OF STATE Edward L. Leonard, Tulsa David Swank, Norman Robert Bates Jr., Silver Spring, MD Christopher L. Rhodes III, Tulsa Ralph L. Wampler, Norman Edward R. Dick, Katy, TX Grey W. Satterfield Jr., Bixby Hunter L. Martin Jr., Houston, TX Gerald Gordon Stamper, Tulsa GARVIN COUNTY C.D. Owens Jr., Scottsdale, AZ Byron Dana Todd, Tulsa Wilfred L. Barber, Lindsay Robert Eugene Rice, Houston, TX Stephen Jay Zeligson, Tulsa

GRANT COUNTY OUT OF STATE John C. Drennan Jr., Medford James Ervin Brazell, Asheville, NC In 1949 postwar prosperity Jack G. Bush, Green Valley, AZ KAY COUNTY began, the first Volkswagen William G. Fisher, San Jose, CA L. Enloe Baumert, Ponca City Beetle was sold in the U.S., Gary Frank Fuller, Naples, FL gas was 17 cents a gallon, Charles L. Hirlinger, Lake Kiowa, TX LEFLORE COUNTY China became a communist Ronald Joseph Jacobs, Dowagiac, MI Harrell F. Followell, Poteau country, Russia had the Ralph James May Jr., nuclear bomb and TV soap The Woodlands, TX operas were introduced. Thomas B. Preston, Memphis, TN Robert M. Sperry, Woodland Hills, CA

44 | APRIL 2019 THE OKLAHOMA BAR JOURNAL In 1959 Fidel Castro came GARFIELD COUNTY Herbert M. Graves, Oklahoma City to power in Cuba, Alaska Jon R. Ford, Enid Karl Blake Hoenig, Oklahoma City became the 49th state, Hawaii James Horace Holloman Jr., became the 50th state, the HUGHES COUNTY Oklahoma City Barbie doll was launched and Dean Hammond, Wetumka Lynn O. Holloman, Edmond NASA introduced America’s Yvonne Kauger, Oklahoma City first astronauts. JEFFERSON COUNTY Francis A. Keating II, Oklahoma City Phillip Reed Scott, Waurika Keron Kirke Kickingbird, Oklahoma City LEFLORE COUNTY Timothy Manuel Larason, Edmond Dean Edward Warren, Wister John Paul March, Oklahoma City Charles Richard Masters, MCCURTAIN COUNTY Oklahoma City Gary L. Brock, Idabel William Craig McAlister, Michael Dan DeBerry, Idabel Oklahoma City Michael Minnis, Oklahoma City MURRAY COUNTY Sidney A. Musser Jr., Oklahoma City Elaine Gibbard, Sulphur W. Dan Nelson, Oklahoma City Quinton R. Tipton, Sulphur Collier H. Pate, Oklahoma City Robert Alan Reece, Oklahoma City CANADIAN COUNTY MUSKOGEE COUNTY Gary Clark Rhodes, Edmond George Hardin Ramey, Yukon Ronald L. Jones, Muskogee Patrick C. Ryan, Oklahoma City Richard D. Strubhar, Yukon Stephen James Scherer, Muskogee Patrick Michael Ryan, Oklahoma City J. Ronald Wright, Muskogee Jon Duncan Sellers, Oklahoma City CLEVELAND COUNTY James D. Sill, Oklahoma City William E. Boswell Jr., Norman OKLAHOMA COUNTY Carl Michael Smith, Oklahoma City Edward B. Carrier Jr., Oklahoma City M. Fred Austin, Oklahoma City Donald John Smith, Edmond William C. Doty Jr., Norman Alfred Lee Bowman, Oklahoma City John Walker Swinford Jr., Melvin Dee Ernest, Norman Irven Ray Box, Oklahoma City Oklahoma City Don Gardner Holladay, Norman Bill J. Bruce, Choctaw Grayson P. VanHorn, Edmond David Wynn Ibach, Norman Kenneth L. Carney, Nichols Hills David Anson Walker, Oklahoma City Charles S. Chapel, Edmond Loyde Hugh Warren, Edmond COMANCHE COUNTY Jack G. Clark Jr., Oklahoma City Mark Alfred Ashton, Lawton Ronald V. Collier, Oklahoma City OTTAWA COUNTY Jerry Ray Babbitt, Medicine Park Francis R. Courbois III, Oklahoma City Ronald Bruce Stockwell, Miami Fred T. Fox Jr., Lawton Charles Foster Cox, Oklahoma City John C. Mackey, Lawton Don Clarence Davis, Oklahoma City PAYNE COUNTY Orin Chris Meyers II, Lawton Donald W. Davis, Oklahoma City William R. Cubbage, Cushing Patricia Sellers Dennis, Robert Lamar Hert Jr., Stillwater CUSTER COUNTY Oklahoma City Charles Lyndell McBride, Stillwater Donald Lee Rodolph, Clinton Stan L. Foster, Oklahoma City

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 45 PITTSBURG COUNTY Wm. Carlisle Mabrey III, Bixby James Neal Isaacs, Austin, TX William Joseph Ervin Sr., McAlester John W. Moody, Tulsa Jim D. Kutch, Aptos, CA Wallace G. Steidley Jr., McAlester William Lin Patterson, Broken Arrow Wayne Delyle Lawler Jr., Dallas, TX Peter Lawrence Rickel, Tulsa William Gentry Lee, Houston, TX ROGERS COUNTY Ronald N. Ricketts, Tulsa Paul Edward Littleton, Ballwin, MO Jack Elliott Gordon Jr., Claremore M. David Riggs, Tulsa Joseph Francis Lollman Jr., Henry Clyette Sowders III, Collinsville David Hugh Sanders Jr., Tulsa Louisville, KY George B. Suppes Jr., Tulsa John L. Osmond III, Pierce City, MO SEMINOLE COUNTY John Patrick Thompson, Tulsa Jerry T. Pierce, Cypress, TX Marmaduke R. Ligon, Wewoka Bill Virden Wilkinson, Tulsa John Paul Pinkerton, Dallas, TX Walter B. Williamson Jr., Tulsa Walter W. Sanders, Houston, TX SEQUOYAH COUNTY Melvin R. Singleterry, Oviedo, FL Jerry M. Jiles, Sallisaw WAGONER COUNTY Robert Gene Vaughn, Bethesda, MD Jack Walton Ross, Broken Arrow Bruce Warren Wilkinson, Houston, TX TULSA COUNTY Ronald Stephan Willdigg, Thomas F. Birmingham, Tulsa WASHINGTON COUNTY Floral Park, NY Beverly Pierce Carson, Tulsa John L. Williford, Bartlesville Paul Kenneth Wilson, McKinney, TX W. Kirk Clausing, Tulsa Victor Carson Wood Jr., Victor R. Day, Tulsa OUT OF STATE Hutchinson, KS Fred Henderson Demier, Tulsa Richard Baboian, Richmond Hill, GA John George Ghostbear, Tulsa Lawrence Lee Bellatti, Houston, TX John Charles Harrington, Tulsa Robert Forrest Bourk, College In 1969 Neil Armstrong and David Allen Johnson, Tulsa Station, TX Buzz Aldrin became the first James D. Jordan, Tulsa Roger Allan Brown, Houston, TX men to walk on the moon, J. Clarke Kendall II, Tulsa Jonathan W. Burch, Carlsbad, CA the Woodstock music festival Terry C. Kern, Tulsa William John Free, San Antonio, TX attracted 350,000 rock-n- Stephen Pendaries Kerr, Tulsa Brian S. Gaskill, Birmingham, AL roll fans, children’s TV show Linda McQuillen Kulp, Tulsa Michael Eugene Gillett, Longwood, FL Sesame Street debuted and Bill Ernest Ladd, Tulsa James F. Hartmann Jr., the Pontiac Firebird Trans Am Harry Arthur Lentz Jr., Tulsa Kansas City, MO muscle car was introduced.

46 | APRIL 2019 THE OKLAHOMA BAR JOURNAL

Legislative News Day at the Capitol Speakers Provide Insightful Information By Angela Ailles Bahm

N MARCH 12, the Legislative focus on public safety. One of the which Supreme Court justices OMonitoring Committee bills championed by his office is would be selected, in addition to presented the OBA’s annual Day called “Francine’s Law,” HB 2640. four at-large positions. at the Capitol event. The speakers It is named after Francine Frost, a Judge Balkman also noted were exemplary. We were partic- woman who went missing in Tulsa several bills. HB 2612, “the Unity ularly honored to host General over 30 years ago. This legislation, bill,” is the bill that creates rules Counsel for Gov. Stitt Mark Burget. if enacted, would require all state for Oklahoma’s medical marijuana I believe this may have been a first agencies to include unidentified industry. SB 300 adds back the limit (and hopefully not a last) to have a remains in a database called the of 30 requests for production of direct representative of the gov- National Missing and Unidentified documents. SB 65 is a family law bill ernor at this meeting. Presenters Persons System (NamUs). that, in part, will require a judge also included Attorney General In Ms. Frost’s case, her grand- to provide written findings consid- Mike Hunter, Oklahoma Supreme son was able to use the public ered when making a determination Court Chief Justice Noma Gurich, database to eventually locate the on child custody and visitation. Cleveland County District Judge previously unidentified remains of Administrator of the Courts Thad Balkman and Administrator his grandmother. AG Hunter also Askins noted her office adminis- of the Courts Jari Askins. addressed his office’s efforts at ters OSCN, including inputting During lunch, we were honored addressing the backlog of untested new laws when they go into effect. to have former President Pro Tem rape kits and the need for more She asked that when members note Glenn Coffee and former Rep. funding of diversion programs mistakes in the system, to please Randy Grau give us some direc- along with criminal justice reform. contact her office. She took pride in tion on how to talk to legislators. Chief Justice Gurich noted the the fact that their margin of error We were delighted to have this as number of new legislators and was less than another national another first, two former members, discussed the justices’ efforts at online research tool. Ms. Askins one from each chamber, provide ensuring they are seen by the created an excellent PowerPoint us with their unique perspectives. legislators as a resource. About presentation on the complicated Following the presentations and 40 judges from across the state matter of how the courts collect lunch, attendees were encouraged participated in an event at the money and how those collections to walk over to the Capitol to take judicial center on Presidents Day are then distributed. The short of the opportunity to meet with their during which they also visited the it is that the judiciary is under- legislators. As always, the commit- Capitol. She noted personal con- funded. Yearly, they have to take tee’s objectives are to educate and cerns arising from bills that would funds from the designated MIS encourage active participation in realign the Supreme Court and fund to meet payroll. Efforts are in the legislative process. the Court of Criminal Appeals the works to reduce the number of Generally, there seems to exist from the current nine districts to noncourt- related, executive branch an air of comity between the five districts, matching the current agencies being funded through branches of government this leg- congressional districts. These bills court collections. islative session. Attorney General are SB 973 and HB 2366. Both bills Gubernatorial General Counsel Hunter discussed his office’s effectively create five districts from Burget started by letting us know

48 | APRIL 2019 THE OKLAHOMA BAR JOURNAL the philosophy of the governor’s methods of increasing the number during Reading Day and, as of office is “do the right thing; do of inmates who are under supervi- the writing of this article, are the smart thing and use common sion after release. It is anticipated still active bills. You can see each sense.” Agency reform and account- that increasing the number of bill’s current status by typing in ability is the number one priority. supervised parolees, as opposed the bill number on the legislative Last month the governor signed into to permitting parole waivers, home page at www.oklegislature. law changing the method of obtain- would result in less recidivism – gov, e.g. “HB1276” or “SB742,” and ing and controlling agency admin- and therefore save money. clicking “search.” This takes you istrators and boards. SB 456, SB Again, the speakers were can- to the bills “history” page. March 457, HB 2480, HB 2479 and HB 2483 did and insightful. I cannot thank 14 was the deadline for bills to be impact the Oklahoma Department them enough for giving their time passed out of their house of origin. of Transportation, Oklahoma and energy and participating in By April 25, the bill must pass out Department of Corrections, the event! of the opposite chamber and will Oklahoma Health Care Authority, As an update, below is a list of then be back in its house of origin Department of Mental Health the bills which were addressed for further consideration and vote. and Substance Abuse Services and the Office of Juvenile Affairs. Effectively, the governor will choose the administrator of the agency and some members of the board. The speaker of the House and president pro tem will choose other board members, and the governor will have direct control to hire and fire the chief administrators. In keeping with his business approach to governing, the gover- nor will work with the agencies to create metrics and goals for improv- ing fiscal outlooks and efficiency. Approval was noted of the bills that would correlate the Supreme Court and Court of Criminal Appeals to the current congressional districts. For future legislation, the governor’s office will look at judicial funding and appropriations. Mr. Burget also discussed the Oklahoma Pardon Administrator of the Courts Jari Askins shares information about funding of the and Parole Board and looking for judiciary at Day at the Capitol.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 49 Estate Planning/Banking/ General Business SB 732 Title 14A UCC; changes to dollar amounts from Reference Base Index SB 123 Title 46 Extends time to six months mortgagor can cure default SB 737 Title 18 Similar to above SB 204 Title 18 Includes a “natural per- son” as a “charitable organization”

Government Law HJR 1020 Change to Constitution regarding legislative term limits HB 1391 Title 74 Pertaining to finger- printing and background checks HB 1921 Title 62 New law; Oklahomans Virtually Everywhere Act SB 179 Title 62 Provides for training employees as financial managers SB 198 Title 74 New law; guide- lines for social media

Civil Procedure/Courts HB 1092 Provides for collection OBA President Chuck Chesnut (right) visits with Sen. Micheal Bergstrom. of attorney’s fees in small The last day of this session is HB 2604 Title 10A Pertains to claims cases May 31. Here’s a link to the House perpetrator registry SB 779 Pertains to 3009.1; elimi- site that has great information on HB 2189 Title 12 New law allows for nates need to obtain provider’s “How an Idea Becomes a Law” alternative methods of providing sworn testimony in addition to and the legislative process – testimony in criminal cases evidence of payment www.okhouse.gov/information/ HB 2091 Title 22 Increases number SB 300 Limits production of CourseOfBills.aspx. of members on Domestic documents to 30 As always if you have any Violence Fatality Review Board HB 1332 Title 47 Allows ATVs to suggestions on how to improve Speaker also listed by reference be driven on certain municipal the Legislative Monitoring HB 1061; SB 833; HB 1022; HB and county roadways Committee, please let me know. 1222; SB 742 and SB 300. Environmental/Natural Resources UPDATED READING DAY BILLS Criminal Law SB 353 Title 15 New law addressing HB 1001 Removes weapons prohi- “design professional services Family Law bition for felons as passenger agreement” HB 1276 Title 43 Child custody; in vehicle SB 542 Title 29 New law relating provides court shall provide HB 1019 Oklahoma criminal to Wildlife Conservation Code, equal shared parenting time discovery code – access to requiring education program HB 2616 Title 43 Creates child sup- discovery SB 702 Title 27A New law requir- port guidelines review committee HB 1030 Title 37A New law; per- ing DEQ and Water Resources HB 2270 Title 10 Relates to uni- tains to alcoholic beverages; Board to share information in form parentage act and limita- allows certain felons to possess certain circumstances tions of paternity actions an employee’s license HB 1403 Title 82 New law pertain- HB 1274 Title 10A Defines and HB 1145 Pertains to expungements ing to “treasured stream” addresses situational neglect HB 2019 New law broadens judi- HB 2474 Title 82 Disclosure and web- HB 2329 Title 10A Pertains to cial discretion for pregnant site of applications to Oklahoma reporting of child abuse or neglect women or caregivers Water Resources Board

50 | APRIL 2019 THE OKLAHOMA BAR JOURNAL SB 568 Title 82 Creates phase 2 HB 2121 Title 60 Provides for SB 759 Provides for limitations to Arbuckle – Simpson Hydrology notice relating to Uniform physicians and prohibitions for Study Revolving Fund Unclaimed Property Act taking certain actions SB 915 Title 16 Relates to remote SB 763 Pertains to allowing physi- Schools online notarial acts cians to set certain limits HB 1065 Modifies definition of Also provided an update to the SB 765 Title 21 Relates to prohibitions threatening behavior Stigler Act amendments in the on smoking and adding marijuana SB 441 Pertains to length of lawsuit, Carpenter v. Murphy SB 898 Pertains to dispensaries checking school year certain information at point of sale SB 698 Title 61 Public Facilities Act; Marijuana Law SB 882 New law directs Bureau of eliminates certain criteria HB 1100 Modifies certain prohib- Narcotics to develop and imple- ited acts. Relates to Uniform ment program for disposal of Indian/Real Estate Law Controlled Dangerous medical marijuana waste HB 1916 Title 60 New law prohibit- Substances Act SB 532 Title 12 Relates to foreclosure ing transfers of certain items SB 305 Pertains to discrimination of medical marijuana businesses of tangible personal property against medical marijuana to public trust license holders HB 1220 Title 16 False affidavit shall SB 307 Relates to tax on retail Ms. Ailles Bahm is the managing result in award of costs and attorney medical marijuana sales attorney of State Farm’s in-house HB 1222 Title 16 Provides for effec- SB 755 New law pertaining to office and serves as the Legislative tive conveyances by married advertising Monitoring Committee chairperson. grantors SB 756 Relates to packaging and She can be contacted through HB 1223 Title 16 Pertains to claims providing restrictions and Communities or angela.ailles- and purchases of mineral interests requirements bahm. [email protected].

NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: Justice of the Supreme Court District One The vacancy will be created by the retirement of the Honorable John F. Reif effective April 30, 2019. To be appointed to the office of Justice of the Supreme Court, an individual must have been a qualified elector of the applicable Supreme Court Judicial District, as opposed to a registered voter, for one year immediately prior to his or her appointment, and additionally, must have been a licensed attorney, practicing law within the State of Oklahoma, or serving as a judge of a court of record in Oklahoma, or both, for five years preceding his/her appointment. Application forms can be obtained on line at www.oscn.net, click on Programs, then Judicial Nominating Commission or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chairman of the Commission at the address below no later than 5:00 p.m., Friday, April 26, 2019. If applications are mailed, they must be postmarked by midnight, April 26, 2019.

Mike Mordy, Chairman Oklahoma Judicial Nominating Commission Administrative Office of the Courts 2100 N. Lincoln Blvd., Suite 3 Oklahoma City, Oklahoma 73105

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 51 OBF-OBA Project Mock Trial: Fictional Case Requires Students to Develop Real-World Skills By Kevin H. Cunningham

52 | APRIL 2019 THE OKLAHOMA BAR JOURNAL N TUESDAY EVENING, This year the case at issue dealt information that was not important OMarch 5, the top two high with a civil claim for wrongful or relevant to reach the facts school mock trial teams met for death of a high school student due needed to present each side of the the final round of competition to to alleged bullying. A surviving controversy. The ability to criti- determine the state winner. For family member brought the suit cally think through an issue from the second consecutive year, the against the defendant – a fellow multiple perspectives is a life-long final teams were from the same student accused of engaging in skill that will serve the competitors high school. The 2019 Oklahoma bullying during school hours as throughout their futures. High School Mock Trial Program well as after school hours. The More than 40 teams from 27 final round was won by Owasso bullying included in-person state- schools located across the entire Team Quadstone after defeating ments, statements made online state participated in the compe- Owasso Team Heisenberg. The and through direct electronic com- tition. While many high school Quadstone team will now rep- munication. The case involved a sports in this state are divided resent the state of Oklahoma at difficult topic that is unfortunately into districts based on the relative the National High School Mock all-too-common in today’s society. size of the school, the mock trial Trial Championship in Athens, Competitors were tasked with program allows a home school Georgia, this May. preparing both sides of the matter program to field a team against The winning team is comprised and then prosecuting and defend- the largest school district in of competitors Jesse Anderson, ing the claims alleged during Oklahoma. Much like the equal Hayley Campbell, Melody Carney, multiple rounds of competition. treatment given to all persons Kelli Casteel, Emma Donohue, This case provided a Avery Hendel, Ciara Locker, unique opportunity Maggie Murphy and Cole Wyrick. for participants to Attorney coaches for the team are consider how conduct Judge Daman Cantrell and Ken that occurs too often Underwood. The teacher coach is can affect so many Kathy Rutherford. While the case people, directly and at issue was a work of fiction, the indirectly. The stu- competitors developed real-world dents had to analyze skills and talent to prevail. the subject matter from the family’s perspective, the Facing page: Finals judges were from school’s perspective left Judge Jane Wiseman, Judge Jodie and the defendant’s Jayne, Judge Shon Erwin, Retired Mock Trial Committee members staffing the final round Judge Edward Cunningham, Judge perspective. Students were, from left, Orion Strand, Brittany Hayes, Coordinator Paul Cleary and Judge Dana Rasure. had to filter through Judy Spencer, Andrea Medley and Todd Murray.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 53 Coached by Judge Daman Cantrell and attorney Ken Underwood along with teacher Kathy Rutherford, Owasso High School Team Quadstone celebrates its championship win.

Presiding judge for the final ABOUT THE AUTHOR round was Retired Judge Edward Kevin Cunningham practices in Cunningham, who has been Mustang and serves as chairperson involved with the competition of the Oklahoma High School Mock since 1982. Scoring panelists were Trial Committee. Judge Jane Wiseman, Judge Paul Cleary, Judge Shon Erwin, Judge TRIAL SITE COORDINATORS Dana Rasure and Judge Jodi Andrea Medley**** Jayne. Each of the scoring panel- Michael Nesser** ists is a current sitting judge and Brittany Hayes the panel, collectively, possesses Lydia Anderson Fields** decades of experience and involve- Kevin Cunningham** ment with the mock trial program. Deresa Gray** In fact, Judges Jane Wiseman and Kathryn Walker A new addition to the program this year Dana Rasure were involved in the Pat Layden is the Best Courtroom Artist Award, creation of the competition. April McClure which was won by Bokoshe High This program would not exist Leah Terrill-NesSmith School senior Chloe Carver. without the work of hundreds of Carolyn Thompson** and entities within the courtroom volunteers. Each year, over 400 Melissa Peros walls of a real-life trial, the com- judges and attorneys donate time Todd Murray petitors are treated as equals to work with mock trial teams Anne Mize** during the mock trial competi- directly, to score and judge the tion. Experiencing how the legal teams throughout the compe- PRESIDING AND SCORING system seeks to treat all equally tition, and, as members of the PANELIST VOLUNTEERS will hopefully develop an appreci- Mock Trial Committee, to plan, Kim Adams ation for one of the foundations on prepare, write, conduct and over- Retired Judge Glenn Adams which our country is built – a fair see the competition. Tyler Allbery and impartial court system. The Oklahoma Bar Foundation Cindy Allen A new component to the pro- is the principal financial supporter Lynn Anderson gram was added this year – best of this competition and without Nick Atwood courtroom artist. Contestants their generosity, the generational Judge Luke Barteaux* were given one hour while a impact this program has devel- Jerry Bass mock trial was underway to com- oped since inception simply would Mindy Beare plete their drawing. Artists were not exist. Thank you on behalf of Matt Beese judged on how their drawing the committee and all involved Kristina Bell told the story of the event taking for supporting the 2019 Oklahoma Lew Berkowitz** place, composition, color/contrast High School Mock Trial Program. Howard Berkson**** and authenticity in conveying a Kirsten Bernhardt professional feeling. Brandon Bickle

54 | APRIL 2019 THE OKLAHOMA BAR JOURNAL Wes Billingsley John Hammons Barrett Powers ATTORNEY COACHES Kelly Bishop* Alex Handley T.J. Prentice Ranada Adams Ed Blau James Hankins* Ellen Quinton Luke Adams John Boozer Howard Haralson* Ryan Reaves John Andrew Cody Bowlin John Hargrave Dale Rex* Clifton Baker Jennifer Bridyforth* Judge Barbara Hatfield Michael Ridgeway Eli Bland Pamela Brown Scott Hawkins Lisa Riggs** Retired Judge James Bland Mary Bundren Brittany Hayes* Thomas Robertson* Judge Daman Cantrell Julie Bushyhead Gaylon Hayes Timila Rother Eric Cavett Dietmar Caudle Clay Hillis Nancy Rothman* Stephana Colbert Jason Christopher* Kurt Hoffman*** Jacob Rowe* Angie Dean Christina Condren Michon Hughes Steve Ruby Chance Deaton Erick Cook Jessica Hunt Magda Rucka Deirdre Dexter Billy Coyle Rebecca Hunter Mark Schwebke**** Eddie Forarer John Cramer Judge Lori Jackson Randall Sewell Valery Giebel Dan Crawford ***** Judge Crystal Jackson Gessica Sewell Randy Gill Joe Crosthwait Natalia Jacobson Michael Sexton Eric Grantham Kevin Cunningham Brittany Jewett James Shaw Celo Harrel Retired Judge Edward Rick Knighton Judge Steven Shreder Terry Harrison Cunningham***** Kent Larason Kristin Siegel Clifford Heckert Jacob Daniel Laci Lawson Kim Slinkard William Hickman Daniel Delluomo Shelley Levisay Toni Smith Andrew Hofland Chance Denton Niki Lindsey Rusty Smith Mike Horn Kara Didier Nicole Longwell Karen Smith*** Linda Samuel-Jaha Bob Dill Kristy Loyall David Smith Aaron Johnson Susan Dobbins Janice Loyd Nicole Snapp-Holloway Chris Jones Jordan Doigleish Mark Lyons Traci Soderstorm Judge Douglas Kirkley Allyson Dow John Martino Susan Stallings Steve Kunzweiler Blake Dutcher Kevyn Mattax* Luke Stevens Jennifer Lawmaster David Echols J.W. McBee Jim Stuart Nicole Longwell Joshua Edwards* Natalee McClure Chuck Sullivan Blake Lynch Judge Shon Erwin*** Jacqueline McCormick Thomas Swafford Tom Maxcey Greg Farrar Judge Jack McCurdy Jeffrey Taylor Brian McLaughlin Craig Fitzgerald Leah Messner Paiten Taylor-Qualls* Mike Miller Lydia Fields Mike Miller Kathryn Terry Judge Tim Mills Mark Fields Anne Mize Andrew Tevington Anthony Moore Jeff Fischer Chad Moody Michael Trevino Rob Neal Grant Fitz* Bryan Morris Roy Tucker Ellen Quinton Brooke Folsom* Beth Muckala Scott Tully Lorie Rogers Bill Ford Ben Munda Georgenia VanTuyl** Adam Scharn Becki Francy Ann Murray Laina Vaughn Judge Matt Sheets Michell Freeman Todd Murray Judge Caroline Wall Desmond Sides Ben Fu Jody Nathan Austin Walters David Smith Jodi Gage Drew Neville* Mark Warman* Connie Smothermon Charles Geister David Nimmo Kenneth Watson Richard Smothermon Robert Getchell Brenda Nipp Weston Watts Bob Speed Scott Goode Kerri Norris M. Welch Laura Thomas Julie Gragg-Landes Brandi Nowakowski Lucas West* Carolyn Thompson Daniel Gray Earl Ogletree Roger Wiley Ken Underwood Mark Graziano*** Mark Osby John Young Kyle Wasson Kerry Green Jenna Owens Judge Jill Weedon David Guten Christina Pappas Deborah Hackler Matt Patterson * Denotes multiple times Judge Sarah Hall Suzanne Pointer

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 55 Bar News Judicial Nominating Commission Elections: Nomination Period Opens

HE SELECTION OF qualified districts as they existed in 1967. (As OBA PROCEDURES GOVERNING Tpersons for appointment to you know, the congressional districts THE ELECTION OF LAWYER the judiciary is of the utmost were redrawn in 2011.) Elections are MEMBERS TO THE JUDICIAL importance to the administration of held each odd-numbered year for NOMINATING COMMISSION justice in this state. Since the adop- members from two districts. 1. Article 7-B, Section 3, of the tion of Article 7-B to the Oklahoma Oklahoma Constitution requires Constitution in 1967, there has been 2019 ELECTIONS elections be held in each odd num- significant improvement in the qual- This year there will be elec- bered year by active members of ity of the appointments to the bench. tions for members in Districts 3 the Oklahoma Bar Association to Originally, the Judicial Nominating and 4. District 3 is composed of 22 elect two members of the Judicial Commission was involved in counties in the south and south- Nominating Commission for six- the nomination of justices of the eastern part of the state. District 4 year terms from Congressional Supreme Court and judges of the is composed of 12 counties in the Districts as such districts existed at Court of Criminal Appeals. Since central and the southwestern part the date of adoption of Article 7-B of the adoption of the amendment, the of the state, plus a portion of east- the Oklahoma Constitution (1967). Legislature added the requirement ern Oklahoma County. (See the 2. Ten (10) active members that vacancies in all judgeships, sidebar for the complete list.) of the association, within the appellate and trial, be filled by Lawyers desiring to be candi- Congressional District from which a appointment of the governor from dates for the Judicial Nominating member of the commission is to be nominees submitted by the Judicial Commission positions have until elected, shall file with the Executive Nominating Commission. Friday, May 17, 2019, at 5 p.m. to Director a signed petition (which The commission is composed submit their Nominating Petitions. may be in parts) nominating a can- of 15 members. There are six Members can download petition didate for the commission; or, one non-lawyers appointed by the forms at www.okbar.org/jnc. or more County Bar Associations governor, six lawyers elected by Ballots will be mailed on June 7, within said Congressional District members of the bar, and three 2019, and must be returned by may file with the Executive Director at large members, one selected June 21, 2019, at 5 p.m. a nominating resolution nominating by the Speaker of the House of It is important to the admin- such a candidate for the commission. Representatives; one selected by the istration of justice that the OBA 3. Nominating petitions must be President Pro Tempore of the Senate; members in the Third and Fourth received at the Bar Center by 5 p.m. and one selected by not less than Congressional Districts become on the third Friday in May. eight members of the commission. informed on the candidates for the 4. All candidates shall be advised All serve six-year terms, except the Judicial Nominating Commission of their nominations, and unless members at large who serve two- and cast their vote. The framers they indicate they do not desire year terms. Members may not suc- of the constitutional amendment to serve on the commission, their ceed themselves on the commission. entrusted to the lawyers the name shall be placed on the ballot. The lawyer members are elected responsibility of electing qualified 5. If no candidates are nominated from each of the six congressional people to serve on the commission. for any Congressional District, the

56 | APRIL 2019 THE OKLAHOMA BAR JOURNAL Board of Governors shall select at 8. Unless one candidate receives tabulated and certified at 9 a.m. on least two candidates to stand for at least 40 percent of the votes cast, the Monday following the third election to such office. there shall be a runoff election Friday in July. 6. Under the supervision of between the two candidates receiv- 11. Those elected shall be imme- the Executive Director, or his ing the highest number of votes. diately notified, and their function designee, ballots shall be mailed 9. In case a runoff election is neces- certified to the Secretary of State to every active member of the sary in any Congressional District, run- by the President of the Oklahoma association in the respective off ballots shall be mailed, under the Bar Association, attested by the Congressional District on the first supervision of the Executive Director, Executive Director. Friday in June, and all ballots must or his designee, to every active member 12. The Executive Director, or his be received at the Bar Center by of the association therein on the fourth designee, shall take possession of and 5 p.m. on the third Friday in June. Friday in June, and all runoff ballots destroy any ballots printed and unused. 7. Under the supervision of the must be received at the Bar Center by 13. The election procedures, with the Executive Director, or his designee, 5 p.m. on the third Friday in July. specific dates included, shall be pub- the ballots shall be opened, tabulated 10. Under the supervision of the lished in the Oklahoma Bar Journal in the and certified at 9 a.m. on the Monday Executive Director, or his designee, three issues immediately preceding the following the third Friday of June. the runoff ballots shall be opened, date for filing nominating resolutions.

District No. 3 District No. 4 Atoka Caddo NOTICE Bryan Cleveland Carter Comanche Choctaw Grady Judicial Nominating Commission Elections Coal Greer Cotton Harmon Congressional Districts 3 And 4 Garvin Jackson Haskell Kiowa Nominations for election as members of the Judicial Nominating Commission Hughes McClain Jefferson Oklahoma (Part)* from Congressional Districts 3 and 4 (as they existed in 1967) will be accepted Johnston Pottawatomie by the Executive Director until 5 p.m., Friday, May 17, 2019. Ballots will be Latimer Tillman LeFlore Washita mailed June 7, 2019, and must be returned by 5 p.m. on June 21, 2019. Love Marshall *Part of Oklahoma McCurtain County Murray Including: Pittsburg Choctaw Pontotoc Harrah Pushmataha Luther Seminole Midwest City Stephens Newalla Nicoma Park Spencer South of 89th Street

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 57 From the Executive Director Millennials By John Morris Williams

ILLENNIALS, or Generation expectations of staying in a job for 30 I believe the second reason one MY, as most probably know years, getting a gold watch and a pen- should pay attention is because the refers to a birth occurrence group. sion. It will be interesting to see how rules of marketing and competi- Although there are no exact dates equity and partnership tracks develop tion are going to take the online attributed to the group, most gener- in a much more lateral moving group. world up several notches. It’s not ally it is those persons born around Why should this be of interest to just our profession, but the whole 1980 to 1996. This is a generation for Oklahoma lawyers – the majority world will experience continued which cable television, cellphones, of whom are closer to 60 than 50? changes as millennials become the computers and a 24-hour news cycle I believe the first reason is that if predominate group in the work are the norm. So, it is not surprising you intend on practicing law in the force. Millennials look online for that mode and speed of communi- next 10 years, you need to be ready just about everything. Those ratings cations for this group is inherently for some big changes. Millennials, and comments you often see attrib- different than prior generations. In I believe, will push systems that are utable to online goods or services a way, everything will change, and not online to get online. They will means a lot more to them than most everything will stay the same. employ tools such as virtual reality in baby boomers. By the way, there are I recently attended a CLE we offered here at the OBA that focused on generational issues. It was an infor- mative program. My main objective in attending was to gain insight on how best to communicate with post-baby It will be incumbent for the next generation of boomer generations. Not surprising was the data that shows millennials lawyers to educate the public on obtaining very much live in an online world. A recent article referencing competent legal services in an online world. the American Bar Association Techshow quoted a speaker who That will turn out to be perhaps some of the said that in 10 years 75 percent of all law office staff will be millenni- als. That is not surprising. It is a big most important work bar associations of the group, and they are quickly com- ing of age. They are approximately future will perform. 22 to 38 years of age currently. For what is referred to as “big law” (mega firms), this should be an interesting time. Millennials tend to exhibits and use artificial intelligence some ethical traps to responding to be more diverse and mobile. As baby and other logic models to become bad reviews and comments. If you boomers experienced the decline very adroit at predicting outcomes in thought it was bad enough to have of employer/employee loyalty in litigation. You may not see much of to master social media, now you terms of career longevity, millennials them physically, but they will digitize must master the ethics of defending entered the work force without any your world in a significant way. your online reputation.

58 | APRIL 2019 THE OKLAHOMA BAR JOURNAL Lastly, as I have said before, the methods of obtaining legal services by millennial clients will continue to change significantly. Online legal service providers who have a high search engine ranking and good reviews will attract busi- ness. Unlicensed offshore providers who are a bit crafty will work hard to create an illusion of being local and reputable. It will be incumbent for the next generation of lawyers to educate the public on obtaining competent legal services in an online world. That will turn out to be perhaps some of the most important work bar associations of the future will perform. The good news is that millennial lawyers have all the skill sets to meet the challenges of their generation. This holds true not only on the delivery end, but also on the public protection side. As I watch the next genera- tion of lawyer leaders emerge, I am convinced we are in good hands. They work and think a bit differently, but they strive just like generations of lawyers before them to try to help people and to make a difference in peoples’ lives. Everything will change. Everything will stay the same.

To contact Executive Director Williams, email him at johnw@ okbar.org.

THE OKLAHOMA BAR JOURNAL Law Practice Tips Don’t Become the Victim of a Wire Fraud Scheme By Jim Calloway

HEN I WAS IN LAW wiring instructions and sent the secure. This is not a secure method Wschool, a cashier’s check was email along to the banker. When of handling your business. deemed to be just as good as cash the banker received the email, According to the Oklahoma because it was guaranteed by the it all looked legitimate, but the Bankers Association, the typical bank. While that is still technically banker spotted the suspicious wir- situation is not someone intercept- and legally true today, the question ing instructions and contacted the ing an email and altering it, movie is whether you are holding a valid lawyer. No money was lost. hacker style.1 It is normally that the cashier’s check. Criminals now Even more recently, a fraudster bad guy is already inside the vic- have the ability to create forged had quite a long email exchange tim’s computer system. Sometimes cashier’s checks that are indistin- with the office manager in an they wait for weeks or months guishable from the real thing, with Oklahoma law firm while posing reading all of your email traffic holograms and watermarks and as a senior lawyer. The emails until they find a potential target. often drawn on a legitimate bank appeared to be from the lawyer’s One way that could happen is account. Hopefully everyone in the account. At first, the “lawyer” a breach of your Office 365 when legal community now understands asked a few questions about wiring you are tricked into giving your that depositing a cashier’s check since they hadn’t done it recently, username and password to an evil and then wiring money out against which succeeded in convincing the doer who sends you a fake 365 the check a few days later is an staff person she was correspond- login screen. Many of us who have extremely risky practice. ing with the lawyer. The fraudster switched to Office 365 have seen Recently we received reports had somehow obtained an actual the login screen pop up at odd of increasingly sophisticated client’s name to mention in the times. If a fraudster can convince wire fraud schemes directed at emails. Luckily, the first attempt you it is a valid Office 365 login Oklahoma lawyers. My advice to was to convince the office man- screen and you “login,” then he you is that in the same way you ager to wire out far more than the will have everything needed to now have to be suspicious of a trust account total balance. Then, access all of your Outlook email, cashier’s check, you have to be when an email suggested wiring your OneDrive and other Office extremely cautious, double and out a large amount that would’ve 365 tools on an ongoing basis. triple checking, anytime you are involved the deposits of several So how do you keep from wiring money today. clients with an explanation of becoming a victim? “Don’t worry. I’m bringing a big As I noted in the March 2019 RECENT FRAUDULENT check in to deposit tomorrow to Oklahoma Bar Journal article “Two- SCHEMES cover everything,” the staff person Factor Authentication is Critical Just a few months ago, a lawyer recognized that was never some- Today,” two-factor authentication reported to us that his banker had thing the lawyer would say or do will limit many risks. saved him from being defrauded. and called the lawyer’s cellphone. A telephone call can also He emailed the banker wiring The lesson here seems simple serve as a good security measure. instructions for a sum of money. to me. You should never use plain, Generally, the process a banker He believes that someone inter- unencrypted email to deliver follows for wiring money involves cepted his email, altered the wiring instructions. Email is not confirmation with a telephone call

60 | APRIL 2019 THE OKLAHOMA BAR JOURNAL before wiring any money. Don’t and the lawyer is tied up in court Mr. Calloway is OBA Management hesitate to also confirm this with should be ignored until they hear Assistance Program director. Need a phone call yourself. the lawyer’s voice. a quick answer to a tech problem For the law office, a good policy Sometimes a phone call is your or help solving a management is to explain to everyone they best solution to a problem. dilemma? Contact him at 405-416- should never wire out any money If you are concerned your 7008, 800-522-8060, jimc@okbar. until they have received voice law office network has been org. It’s a free member benefit! telephone confirmation from the compromised, change all of the lawyer in charge whose voice they passwords (including Office 365) recognize. All of the frantic emails and consider using two-factor ENDNOTE 1. This is called a man-in-middle attack. about how the deadline is today authentication. en.wikipedia.org/wiki/Man-in-the-middle_attack.

Graphic Source: https://www.fbi.gov/news/stories/business-e-mail-compromise-on-the-rise

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 61 Ethics & Professional Responsibility The No Contact Rule By Joe Balkenbush

E ARE ALL FAMILIAR tell you the facts of their case and EMPLOYEES OF A BUSINESS Wwith the prohibition against their legal issue. They tell you their Next question – if the business contacting an opposing party attorney has advised they do x, y is involved in litigation, is it per- when they are known to be rep- and z. Is it permissible for you to missible to speak to employees of resented by counsel. This tenet of provide them with your legal opin- the business? The answer to this the law is commonly known as ion or advice regarding application question is one that we lawyers the “no contact” rule. of the relevant law to the facts of are particularly fond of using – “it Rule 4.2 of the Oklahoma Rules their case? The answer is yes, so depends.” Comment 7 to Rule 4.2 of Professional Conduct is the long as you are not representing provides the answer: legal authority for the “no contact” another party in the same matter. rule.1 It states: Comment 4 to Rule 4.2 states:

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another A literal reading of the rule seems pretty lawyer in the matter, unless the lawyer has the consent of the straightforward. However, there are many twists other lawyer or is authorized to do so by law or a court order. and turns which may be encountered when

A literal reading of the rule trying to apply the rule to the facts of the case. seems pretty straightforward. However, there are many twists and turns which may be encoun- tered when trying to apply the rule to the facts of the case. If … Nor does this rule preclude [7] In the case of a represented a business is involved, does it communication with a repre- organization, this rule prohib- include just the “hierarchy” of sented person who is seeking its communications with a the business, or does it include all advice from a lawyer who is not constituent of the organization employees? Does it include former otherwise representing a client who supervises, directs or regularly employees? What if someone calls in the matter. consults with the organization’s and wants a “second opinion”? lawyer concerning the matter The key element in this analysis or has authority to obligate the A SECOND OPINION is that you don’t represent another organization with respect to the Let’s consider the last ques- party to the litigation. By simply matter or whose act or omission in tion first. An attorney is out in asking a couple of preliminary connection with the matter may public and runs into a friend or questions, a lawyer can ensure be imputed to the organization for acquaintance who, knowing you they are not involved in the case. purposes of civil or criminal liability are an attorney, says “let me ask (emphasis added)... you a question.” They proceed to

62 | APRIL 2019 THE OKLAHOMA BAR JOURNAL So, a plain reading of the comment Bottom line, the “no contact” rule to the rule teaches us that unless is still alive and well. the employee (constituent) is in a supervisory capacity, directs CONCLUSION or regularly consults with legal As always, it is essential that counsel for the organization, has you have a thorough under- the authority to obligate the organi- standing and knowledge of the zation or whose act or omission in Oklahoma Rules of Professional the matter is imputed to the orga- Conduct. A lawyer with less than nization, then it is permissible to honorable intent might take advan- speak with that employee without tage of you, and thus your client, if consent or knowledge of counsel. you aren’t familiar with the rules. OBA members who call fre- quently say that counsel for the organization said they represent all Joe Balkenbush is OBA Ethics employees. Well, they most likely Counsel. Have an ethics question? do not. The rule is clear. Absent It’s a member benefit and all some extraordinary circumstances, inquiries are confidential. Contact the assertion of a “blanket repre- him at [email protected] or sentation” of all employees of the 405-416-7055; 800-522-8065. organization is impermissible.

ENDNOTE FORMER EMPLOYEES 1. Title 5 O.S. Appendix 3-A, Rule 4.2. OF A BUSINESS Next question – is it permissi- ble to speak with former employ- ees of the business? The answer is yes, even if they were previously in a supervisory, managerial or authoritative role with the business. The last sentence of Comment 7 provides:

[7] …Consent of the organiza- tion’s lawyer is not required for communication with a former constituent …

The only caveat is if the former employee is represented by inde- pendent counsel, then of course the “no contact” rule is applicable.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 63

Board of Governors Actions Meeting Summaries

The Oklahoma Bar Association Board group meeting of the Downtown state of Oklahoma. He attended of Governors met Thursday, Jan. 17, Rotary Club. the swearing-in ceremony of the at the Oklahoma Bar Center in 8th Judicial District judges, swearing- Oklahoma City. REPORT OF THE in ceremony of Oklahoma Gov. PAST PRESIDENT Stitt and the other statewide REPORT OF THE PRESIDENT Past President Hays reported elected officials and the funeral of President Chesnut reported he she attended the Tulsa County attorney Dave Jacobs. Governor spoke to the Garfield County Bar Bar Association holiday open Hutter reported he attended the Association in Enid. He attended house, retirement celebration for Solo & Small Firm Conference the swearing-in for judges in the Tulsa County Judge Fitzgerald Planning Committee meeting Northeast Judicial Administrative and Judge Fransein, OBA Family and Bench and Bar Committee District at Bartlesville and OBA Law Section Exec Committee meeting. Governor McKenzie CLE Task Force meeting. He wrote planning meeting, Women in Law reported he attended the Solo & the February president’s message Committee meeting and swearing- Small Firm Conference Planning and worked on finalizing all OBA in ceremonies for Judge Linda Committee meeting. Governor committee appointments. Thomas and the Northeast Judicial Morton reported he attended Administrative District. two Legislative Monitoring REPORT OF THE Committee meetings and the VICE PRESIDENT BOARD MEMBER REPORTS William J. Holloway Inn of Vice President Neal reported Governor Beese reported he Court meeting. Governor Oliver he attended board meetings for attended the retirement recep- reported he attended the Payne United Way of Central Oklahoma tion for District Judge Tom County Bar Association meeting, and Arts Council OKC. Alford, Muskogee County Bar swearing in for the Northeast Association Christmas party, Judicial Administrative District REPORT OF THE 15th Judicial District swearing in and OBA CLE Task Force meet- PRESIDENT-ELECT for District Judge Bret Smith and ing. Governor Pringle reported President-Elect Shields reported OBA CLE Task Force meeting. he attended two Legislative she attended the swearing-in cer- Governor DeClerck reported he Monitoring Committee meetings emony for Supreme Court Chief attended the Garfield County Bar and the Oklahoma County Bar Justice Gurich and Vice Chief Association Christmas party. Association Briefcase Committee Justice Wyrick and the OBA Governor Fields reported he meeting. Governor Williams CLE Task Force meeting. attended the Legislative Monitoring reported he attended the Tulsa Committee meeting and Associate County Bar Association’s Energy REPORT OF THE District Judge Brendon Bridges and Mineral Law Section EXECUTIVE DIRECTOR swearing-in ceremony. Governor December meeting, judicial oath Executive Director Williams Hermanson reported he pre- ceremony for the Northeast Judicial reported he attended Legislative sided over two District Attorneys Administrative District, Council Monitoring Committee meetings, Council meetings, presided over Oak Johnson Sontag Inn of Court YLD board meeting and outgoing two Oklahoma District Attorneys Pupilage Group VI meeting and chair event, planning meetings Association board meetings, the OBA’s CLE Task Force meeting. for the CLE Task Force, CLE Task conducted two District Attorneys Force meeting and swearing-in Council Executive Board meetings of Supreme Court Chief Justice and was sworn in to a new term Gurich. He also spoke at a small as 8th District Attorney for the

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 65 REPORT OF THE YOUNG REPORT OF THE COURT ON JUDICIARY LAWYERS DIVISION GENERAL COUNSEL APPOINTMENTS Governor Nowakowski General Counsel Gina Hendryx The board approved President reported she held the orientation briefed new board members on Chesnut’s reappointment of O. Chris for newly elected YLD board the status of pending litigation Meyers, Lawton, to the Appellate members and chaired the divi- involving the OBA and/or its Division. The term will expire sion’s first monthly meeting. She employees. Bednar v. Hammond, 3/1/2021. The board approved said they had a great turnout et.al. is pending in Oklahoma President Chesnut’s reappointment for the event to honor past chair County and currently assigned to of William Brad Heckenkemper, Nathan Richter at TopGolf. Judge Hesse in Canadian County. Tulsa, to the Trial Division. The She said the OBA’s motions to dis- term will expire 3/1/2021. REPORT OF THE SUPREME miss will be heard on Feb. 1. The COURT LIAISON OBA is also a nominal defendant NEW OBA EMPLOYEE Justice Edmondson reported in two matters that are currently MAP Director Calloway intro- the Supreme Court approved the on appeal, and the OBA has duced Julie Bays, the OBA’s new recommended changes on judi- responded to the petitions in error practice management advisor who cial complaints. He said the court in those cases. A written report of previously worked for the Office decided to table the House of PRC actions and OBA disciplinary of the Attorney General. Delegates resolution regarding an matters for December was submit- amendment to the Oklahoma Rules ted to the board for its review. NEW MEMBER BENEFITS of Professional Conduct adding a MAP Director Calloway limited exception for lawyers pro- PERSONNEL MANUAL reported the OBA Member Services viding counsel to clients regarding POLICY AMENDMENT Committee approved two services Oklahoma marijuana-related laws Executive Director Williams that will be offered to OBA members to allow more time to review corre- briefed the board on the current at discounted prices. He explained spondence received on the issue. policy on closing the office during Casetext is a legal research tool that inclement weather that relies on uses artificial intelligence technol- BOARD LIAISON REPORTS state government’s notification, ogy to search for cases faster, and Governor Pringle said the and he shared the recent expe- Kurent is a cloud-based billing Legislative Monitoring Committee rience of delayed government service that tracks time, creates has met twice to prepare for Reading notification that resulted and sends invoices, manages trust Day, and he reviewed the agenda. He in confusion. The board approved accounts and receives payments. said plans are also being made for amending the policy. Day at the Capitol on March 12. Past President Hays said the Women in Law Committee organized a social activity to see the recent movie about Justice Ruth Bader Ginsburg. Oct. 4 is the tentative date for their annual conference, and they have a speaker in mind. Management Assistance Program Director Calloway said the Solo & Small Firm Conference He explained Casetext is a legal research tool Planning Committee has 50-60 percent of the conference planned. that uses artificial intelligence technology to He said all conference registration fees were increased by $25. Governor search for cases faster. Hutter said the Bench and Bar Committee discussed 1) its strategy on how to increase public aware- ness of the VPO video, 2) creating a Spanish version of the VPO video and 3) creating a civic group presen- tation on unbundled legal services.

66 | APRIL 2019 THE OKLAHOMA BAR JOURNAL COMMITTEE LEADERSHIP Oklahoma ABA delegation dinner, party, OBA swearing-in ceremony, AND BOARD OF GOVERNORS Fastcase dinner, ABA Midyear Pittsburg County Bar Association LIAISON APPOINTMENTS Meeting and ABA House of meeting, OBA High School Mock President Chesnut shared a Delegates. Trial Program competition and list of committee chairpersons, OBA Professionalism Committee vice chairpersons and Board of REPORT OF THE meeting via phone. Governor Governors members assigned to EXECUTIVE DIRECTOR Hermanson reported he attended serve as committee liaison. Executive Director Williams the OBA has-been dinner, OBA reported he attended the has- swearing-in ceremony at the been event, swearing in of new Supreme Court, funeral of OBA The Oklahoma Bar Association Board officers and governors, National member John Gardner, Oklahoma of Governors met Friday, Feb. 22, at Association of Bar Executives Criminal Justice Forum at the the Oklahoma Bar Center in meeting, National Conference of Oklahoma History Center, indi- Oklahoma City. Bar Presidents meeting, Southern vidual meetings with Oklahoma’s Conference of Bar Presidents meet- federal senators and representa- REPORT OF THE PRESIDENT ing, Fastcase dinner, Legislative tives in Washington D.C., OBA President Chesnut reported Reading Day and Legislative Law Day Committee meeting via he attended the OBA swearing-in Monitoring Committee meeting. phone, swearing-in ceremony of ceremony, has-been party, OBA Judge Wilkie, Oklahoma district Legislative Reading Day and REPORT OF THE attorneys reception for Oklahoma Ottawa County Bar Association PAST PRESIDENT legislators at Packard’s, Oklahoma meeting. In Las Vegas, he attended Past President Hays reported State Chamber reception for the Southern Conference of Bar she attended the OBA swear- state legislators at the Oklahoma Presidents meeting, National ing-in ceremony, has-been party, History Center and District Conference of Bar Presidents meet- Women in Law Committee meet- Attorneys Council Executive ing events, Oklahoma ABA delega- ing, Professionalism Committee Committee meeting. He was tion dinner, Fastcase dinner, ABA meeting, OBA Awards Committee interviewed for “The Hot Seat,” Midyear Meeting and ABA House meeting, OBA Family Law “Mitchell Talks” and a podcast of Delegates. He also worked on Section monthly meeting/CLE dealing with Oklahoma legislative appointments to the National and OBA FLS leadership retreat. issues and presided over meet- Conference of Commissioners In Las Vegas, she attended the ings of the Oklahoma District for Uniform State Laws. Southern Conference of Bar Attorneys Council and Oklahoma Presidents meeting, National District Attorneys Association. REPORT OF THE Conference of Bar Presidents Governor Hicks reported he VICE PRESIDENT meeting events, Oklahoma ABA attended the OBA swearing-in cer- Vice President Neal reported he delegation dinner, Fastcase din- emony, has-been party, National attended the has-been party, OBA ner, ABA Midyear Meeting and Conference of Bar Foundations swearing-in ceremony, Oklahoma ABA House of Delegates. meeting, Metropolitan Bar Caucus County Bar Association Young dinner meeting, Tulsa County Bar Lawyers Division Chili Cook-off BOARD MEMBER REPORTS Foundation meeting, Access to and OBA Legislative Reading Day. Governor Beese reported he Justice Committee meeting and attended the OBA swearing-in cer- Tulsa County Bar Association REPORT OF THE emony, has-been party, Muskogee board meeting. Governor Hutter PRESIDENT-ELECT County Bar Association meeting, reported he attended the OBA President-Elect Shields reported OBA CLE Task Force meeting swearing-in ceremony, has- she attended the OBA swearing-in and OBA High School Mock Trial been party, Oklahoma County ceremony, has-been party, competition. Governor DeClerck judicial swearing in and Solo & Oklahoma Bar Foundation Board reported he attended the Garfield Small Firm Conference Planning of Trustees meeting and OBA County Bar Association’s Legislative Committee meeting. Governor Legislative Reading Day. In Las Committee meeting, county bar McKenzie reported he attended Vegas, she attended the Southern meeting and OBA Communications two Pottawattamie County Bar Conference of Bar Presidents Committee meeting. Governor Association meetings, teaching an meeting, National Conference of Fields reported he attended the hour of CLE at one, and the Legal Bar Presidents meeting events, Board of Governors has-been Internship Committee meeting.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 67 MAP Director Calloway, a staff liaison to the committee, mentioned a pro se docket created in Oklahoma County is seeking volunteer lawyers, and committee members are going to work with JusticeCorps to set up a program utilizing undergraduate students who don’t give legal advice but serve as courthouse navigators.

Governor Morton reported he Oak Johnson Sontag Inn of Court Assistance Programs, which has attended the OBA has-been din- Pupilage Group VI meeting, OBA issued its report that includes rec- ner, OBA swearing-in ceremony, Diversity Committee meeting, ommendations. He summarized OBA Legislative Reading Day, OBA Estate Planning, Probate and the recommendations. Executive Cleveland County Bar Association Trust Section meeting to discuss Director Williams shared infor- meeting, OBA Legislative the CLE Task Force and Tulsa mation about utilization of LHL Monitoring Committee meeting County Bar Association Board of services. Governor Hicks said and William J. Holloway Inn of Directors meeting. the Access to Justice Committee Court meeting. Governor Oliver has met twice and is looking at reported he attended the Payne REPORT OF THE YOUNG the information on low cost or County Bar Association meeting, LAWYERS DIVISION no cost legal services on the OBA has-been party and Lawyers Governor Nowakowski website. MAP Director Calloway, Helping Lawyers Assistance reported she attended the a staff liaison to the committee, Program meeting via telephone. Board of Governors has-been mentioned a pro se docket created Governor Pringle reported he party, OBA swearing-in cere- in Oklahoma County is seeking attended the OBA has-been mony, Pottawatomie County Bar volunteer lawyers, and committee dinner, OBA swearing-in cere- Association meeting and OBA members are going to work with mony, OBA Legislative Reading Awards Committee meeting. At the JusticeCorps to set up a program Day, OCBA Briefcase Committee ABA Midyear Meeting in Las Vegas, utilizing undergraduate students meeting, Oklahoma County she attended the YLD Assembly, who don’t give legal advice but Bar Association meeting and Oklahoma ABA delegation dinner serve as courthouse navigators. Legislative Monitoring Committee and House of Delegates. She said Governor Williams said the Tulsa meeting. Governor Will reported the division will hold its board County Courthouse has a kiosk he attended the Oklahoma County meeting tomorrow and will assem- to assist the public. Past President judicial swearing-in ceremonies ble bar exam survival kits to be Hays said the Professionalism and receptions in addition to han- handed out at the exam. Committee is brainstorming proj- dling follow up on the Bar Center ects, deciding whether or not to do Facilities Committee. Governor BOARD LIAISON REPORTS a webinar and considering writing Williams reported he attended the Governor Oliver said the articles. Governor Hutter said the OBA swearing-in ceremony, Board Lawyers Helping Lawyers Solo & Small Firm Conference of Governors has-been party, Tulsa Assistance Program in Planning Committee speaker County Bar Foundation Board November was evaluated by the slots are filled, a bar journal article of Directors meeting, Council ABA Commission on Lawyer will be published in March, a new

68 | APRIL 2019 THE OKLAHOMA BAR JOURNAL logo was created and the opening differences in ethnicity. Governor chairperson to serve in that posi- event will be a black and white Nowakowski said the Awards tion more than once. The board party. Governor Hermanson said Committee met to review awards approved the amendment. the Law Day Committee dis- presented each year at the Annual cussed the contest entries and Meeting. Two suggestions for new EXECUTIVE SESSION work continues on the TV show. awards were received, and the The board voted to go into Merging the Law Day Committee committee will submit its recom- executive session, met in executive with the Law-Related Education mendation to the board for consid- session and voted to come out of Committee was discussed. eration at the next meeting. executive session. Executive Director Williams shared the history of the OBA’s LRE REPORT OF THE NATIONAL CONFERENCE Program and the LRE Committee. GENERAL COUNSEL OF COMMISSIONERS FOR Discussion followed. Governor Using a visual presentation, UNIFORM STATE LAWS Pringle said the Legislative General Counsel Hendryx reviewed President Chesnut said he has Monitoring Committee held highlights of the Professional submitted the names of James C. Legislative Reading Day, and 86 Responsibilities Commission report, Milton, Tulsa; Rusty LaForge, lawyers and legislators attended. provided to board members. She Oklahoma City; and Catherine Z. He summarized activities at the described the process for filing com- Welsh, Tulsa, to Gov. Stitt for event and shared that nonlawyer plaints, which must be in writing, consideration and appointment of legislators said they benefited from and pointed out complaints last one person with a term to expire the information. The next event year involved fewer than 5 percent 6/1/2022. is Day at the Capitol on March of all OBA members. She said the 12 with great speakers coming. total number of complaints have TECHNOLOGY STRATEGIC President Chesnut encouraged dropped; however, the severity PLAN ANNUAL REVIEW AND board members to attend Reading of complaints has increased, TECHNOLOGY REPORT Day next year. Past President which is the national trend. She Executive Director Williams Hays said the Women in Law explained the discipline process said technology has become very Committee is organizing social and summarized the Professional common place and integrated events and taking on community Responsibility Tribunal report. She into all business operations. He activities such as a clothing drive updated the board that the Bednar said the YLD suggested the OBA and other philanthropic projects. case has been dismissed. A written purchase a wireless printer and The date for the conference will report of PRC actions and OBA dis- charging stations. He stated he is be Oct. 25 with Marcia Coyle, ciplinary matters for Dec. 14, 2018, finding it difficult to recruit volun- chief Washington correspondent to Jan. 11, 2019, was also submitted teers interested in working on for The National Law Journal, as to the board for its review. a technology strategic plan. the keynote speaker focusing on what happens in the Supreme JUDICIAL NOMINATING NEW BOARD MEMBER Court. Governor DeClerck said COMMISSION ELECTION ORIENTATION the Communications Committee PROCEDURES OBA directors gave a brief has had difficulty in reviewing President Chesnut noted the pro- overview of their department the OBA’s 15 consumer brochures cedures for the election of lawyer responsibilities. for accuracy and is asking for help members to the JNC included in the in encouraging sections to assist. board packet have been used in the NEXT MEETING Discussion followed. The board past, and it is proposed to use the The Board of Governors met in will consider its involvement and same procedures this year with no March. A summary of those actions asked Governor DeClerck to go changes. The board approved the will be published in the Oklahoma back to the committee request- JNC election procedures. Bar Journal once the minutes are ing answers to questions about approved. The next board meet- brochure demand and whether HEALTH LAW SECTION ing will be Friday, April 19, at the any brochures might be elimi- BYLAW AMENDMENTS Marland Mansion in Ponca City. nated. Governor Williams said Section Chairperson-Elect the Diversity Committee will Melissa Revell presented the be working with the Family Law section’s proposed amendment Section to better understand to its bylaws that would allow a

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 69 Bar Foundation News Scholarship Recipient Highlights

CHAPMAN-ROGERS SCHOLARSHIP

What are your short-term and long-term goals? In the short-term, my professional and personal goal is to graduate law school with honors and pass the bar exam. In the long-term, my goal is to work in federal law enforcement and help advocate for the advancement of ethical leaders who value the dignity of all human life.

What made you decide to attend law school? I have wanted to attend law school since my sophomore year in high school. I always valued the rule of law and the way that the law interacts with our daily lives. My family has sacrificed many years in public service as both lawyers and law enforcement offi- cers, and I wanted to gain a better understanding of the law.

Samantha Oard Are there any laws or social rules that completely baffle you? I have always found it hilarious to look up wacky laws that are Hometown: Tulsa still on the books in my hometown of Tulsa. The most interesting one I have found is that in Tulsa, you may not open a soda bottle Law School: OCU School of Law without the supervision of a licensed engineer. Graduation 2019 What historical figure inspires you and why? Date: It would be hard to pick just one so I will pick a group, the What field of Homeland/National Founding Fathers. Specifically, Alexander Hamilton, James law are you Security Law and Madison, Thomas Jefferson and George Washington. The system studying: American Indian Law of government they postulated and created from scratch has endured as a beacon of hope to millions of people around the world. I hope Undergraduate: OSU that one day I can continue to serve the system of government that they helped create and to assist in upholding their highest ideal of Sports media/strategic treating all men as being created equal. Undergrad communications Major: with a minor in What is the most important thing you have learned in law school political science or undergrad? The most important thing I have learned in my years attending Graduation 2016 both OSU and OCU is that civil discourse is the most crucial fea- Date: ture of our democratic republic. Being able to disagree civilly with someone who holds opposing views is something that is vital to the continuance of our system of government. I have learned there are merits to both sides of every issue and that relationships are built on mutual respect. People are more important than politics and being right should never talk you out of being kind.

70 | APRIL 2019 THE OKLAHOMA BAR JOURNAL CHAPMAN-ROGERS SCHOLARSHIP

What are your short-term and long-term goals? My short-term and long-term goals are to be impactful. I know it sounds cliché, but I want to do all I can do, in the short term and long term, to be a positive impact on the community of Tulsa by being the voice for those silenced by injustice.

What made you decide to attend law school? The rising tension between police officers and urban communities is one of the main events that reignited my passion for the law. As a mother and a wife, I originally was hesitant about quitting my job and starting this journey. I have always known that law was my passion, and I am so glad I finally took the leap.

Are there any laws or social rules that completely baffle you? Lashandra Peoples-Johnson The law that completely baffles me is the law regarding not allowing unrepresented convicted inmates from raising the same Hometown: Dallas legal issues in post-conviction appeals. Although I know the public policy rationale for this law, I think it is such an injustice. Law School: TU College of Law It is so common for convicted inmates to work on post-conviction appeals without legal representation. I think that precluding some- Graduation 2019 one from raising an issue once they obtain legal representation, Date: because they did not correctly raise the issue when they did not My goal is to gain have legal representation, is completely baffling. exposure in as many What field of fields of law as possi- What historical figure inspires you and why? law are you ble while in law school; Katherine Johnson, who was captured in the book and movie studying: I am particularly Hidden Figures, inspires me because she was such a fighter against interested in litigation sex and racial discrimination. As one door closed, she found and criminal law. another door. Most inspiring was her attitude. She maintained a good attitude and did not allow the quality of her work to decline, Undergraduate: TU even when she did not receive recognition. I hope to adopt her reliance as I enter the legal profession! Business Law Undergrad Management and What is the most important thing you have learned in law school Major: Management or undergrad? Information Systems The most important thing that I have learned is that there is such Graduation a large need for community legal education. It is mind baffling the 2008 Date: amount of people who do not know the law (whether it is criminal rights, civil remedies or estate planning).

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 71 72 | APRIL 2019 THE OKLAHOMA BAR JOURNAL Young Lawyers Division Upholding Our Oaths and Ensuring the Rights of All People By Brandi Nowakowski

S IS HIGHLIGHTED the ideals which are the building we have the ability to reach out and Athroughout this issue of the blocks of a free society. take affirmative steps to protect the Oklahoma Bar Journal, Law Day Each and every year, Law Day rights of individuals, ensuring a 2019 is coming up on May 2! An supports this calling by provid- free society which bestows upon all annual event, Law Day is about ing opportunities for Oklahoma the blessings of liberty. reflecting on the role of law in the lawyers to do just foundation of our great country that. Through and recognizing the importance the statewide of the law in our society. This and county Ask A year, the theme for Oklahoma’s Lawyer programs, Law Day mirrors that of the our lawyers donate American Bar Association (ABA): tens of thousands Free Speech, Free Press, Free of dollars in legal Society. Thus, according to the services by giving ABA, the focus of Law Day 2019 is free legal advice. on “these cornerstones of repre- This is a fantas- sentative government” as we are tic way for us to called to understand and protect ensure the rights these rights to ensure, as the U.S. of all people, even Constitution proposes, “the bless- those who may not ings of liberty for ourselves and always have access our posterity.” to counsel! However, this theme – To that end, I encourage every- In thinking about this theme, this focus – should be in the forefront one to get involved! Consider tak- I am drawn to the ways in which of our minds not just on Law Day, but ing an hour or two out of your day we as lawyers are uniquely pre- every day as we undertake the prac- on May 2 to volunteer at an Ask pared and positioned to protect tice of law. Yet, how might we carry A Lawyer program this Law Day these rights for all people and this throughout the year? Of course, or consider volunteering at one of ensure that future generations engaging in the practice of law as the upcoming YLD service events. experience those freedoms which zealous and ethical advocates for our Better yet, if you can, do both! our founding fathers fought clients fulfills this goal, but what if None of us can do everything, arduously to secure. As we were we can do more? We can! The YLD but we can all do something. sworn in as attorneys, each and was organized to give young lawyers every one of us took an oath to an avenue to work on bar-related “support, protect and defend the and public service-related projects. Ms. Nowakowski practices in Constitution of the United States, Through programs like Wills for Shawnee and serves as the YLD and the Constitution of the State Heroes, the free Young Adult Guide chairperson. She may be contacted of Oklahoma … with all good app and more, the YLD provides at [email protected]. Keep fidelity,” pledging faithfulness, young lawyers a means to uphold our up with the YLD at www.facebook. continued loyalty and support to oaths. Through projects like these, com/yld.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 73 For Your Information

ACQUISITION AFFECTS OKLAHOMA SUPREME COURT JUSTICE MEMBER BENEFIT OPTION REIF ANNOUNCES RETIREMENT Kurent has been discontinued Oklahoma Supreme Court Justice John Reif as an OBA member benefit effec- announced he will retire at the end of April. tive immediately. The parent He has served on the state’s highest court for company of Kurent, Software nearly 12 years. Technology LLC, has announced “Justice John Reif has served the people it will be sunsetting the service and the state of Oklahoma as a respected due to its acquisition of CosmoLex. jurist, with honor, distinction and grace for There will be continued support over 38 years,” Gov. Stitt said in a statement. for existing Kurent users for some “We owe him a debt of gratitude for his con- Justice John Reif time in the future. CosmoLex, sistent and faithful service.” which is an OBA member ben- Before serving on the Supreme Court, Justice Reif served for 23 years efit, is a cloud-based product on the Court of Civil Appeals. He is a member of the TU College of Law that includes legal billing, trust Hall of Fame and began his legal career in 1977 as an assistant district and general business account- attorney in Tulsa County. ing, documents, emails and a client portal. Visit the benefits page on MyOKBar for additional KICK IT FORWARD PROGRAM information. PAYS 11 MEMBERS’ DUES The Kick It Forward Program paid 11 members’ dues for 2019 ASPIRING WRITERS totaling $3,025. TAKE NOTE The program was born out of a We want to feature your work desire to help fellow lawyers with on “The Back Page.” Submit arti- financial difficulties. With the many economic challenges lawyers face today, it cles related to the practice of law, can be a struggle to build up and maintain a legal practice. That’s why the Young or send us something humorous, Lawyers Division launched Kick It Forward in 2015, with a mission to assist law- transforming or intriguing. Poetry yers of all ages in need by paying their OBA dues while they get on their feet. is an option too. Send submis- The program is funded by donations made through an election on your sions of about 500 words to OBA dues statement. By completing the Kick It Forward line, lawyers agree to pay Communications Director Carol $20, or the amount of their choice, to the program in addition to annual dues. Manning, [email protected].

OKLAHOMA CITY ATTORNEYS CREATE NONPROFIT OBA MEMBER A group of Oklahoma City attorneys created a nonprofit called Oklahoma REINSTATEMENTS County Courthouse Access Clinic to help Oklahoma families navigate the judi- The following member suspended cial system. Since they started in February, they have helped nearly 25 families. for nonpayment of dues or noncom- Sarah Murphy Bondurant, one of the attorneys who helped create the pliance with the Rules for Mandatory nonprofit, says after months of looking into the issue, she learned cases Continuing Legal Education have involving probates and adult and minor guardianships are a few that complied with the requirements for people are having the most trouble with. reinstatement, and notice is herby “They have a stack of paperwork that they have to fill out and they don’t given of such reinstatement: know what to do or even if they get it filled out they don’t know what to do with it,” said Ms. Bondurant. Wes Eugene Wadle Over 30 attorneys have volunteered at least 3 hours of their time to spend OBA No. 20006 with one family and walk them through each step of the uncontested and 1016 Fountain Creek Blvd. unrepresented cases. They hope to eventually expand the program statewide Pottsboro, TX 75076 and assist in other cases.

74 | APRIL 2019 THE OKLAHOMA BAR JOURNAL OBA MEMBER RESIGNATIONS The following members have resigned as members of the association and notice is hereby given of such resignation:

Andrea Lea Agee Melanie Anne Fannin Adrienne Bramlett Kvello OBA No. 31338 OBA No. 15666 OBA No. 32953 52246 Highway 90, #6 453 Covered Bridge Drive 3140 N. Tartan Way Slidell, LA 70461 Driftwood, TX 78619 Fayetteville, AR 72703

Christopher John Bernard Blake Adam Hayes David W. Lindemood OBA No. 736 OBA No. 20720 OBA No. 5432 9012 S. Lakewood Court P.O. Box 958 900 Pine Court Tulsa, OK 74137 Jenks, OK 74037-0958 Midland, TX 79705

Dorothy S. Blohm Susan Margaret Hinck Ali M. Mojdehi OBA No. 13966 OBA No. 16761 OBA No. 6297 10713 S. Redbud Pl. 5073 Kings Wood Dr. N.E. 655 W. Broadway, Ste. 900 Jenks, OK 74047 Roswell, GA 30075 San Diego, CA 92101-8484

Nicholas John Bykowsky Jerry Lee Holcomb Barbara Baker Reeves OBA No. 1404 OBA No. 4285 OBA No. 9633 P.O. Box 10847 3016 W. 26th St. 4610 S. Zunis Ave. Pensacola, FL 32524 Joplin, MO 64804 Tulsa, OK 74105

Hiram Ward Camp Lisa Jean Hughes Alan Robert Sacks OBA No. 1441 OBA No. 20244 OBA No. 19019 12217 San Victorio NE 5149 N.W. 15th St. 3 Brooklands, Apt 4E Albuquerque, NM 87111 Bell, FL 32619 Bronxville, NY 10708

Anne Catherine Cardea David William Illingworth Frank William Wall OBA No. 30782 OBA No. 31103 OBA No. 9302 7085 E. 2nd Avenue 114 S. Ptarmigan Dr. 2536 N.W. 56th St. Denver, CO 80220 Woodland Park, CO 80863 Oklahoma City, OK 73112-7141

Karin Johnson Chatfield Lawrence A.G. Johnson Amy Payne Weselka OBA No. 11256 OBA No. 4705 OBA No. 19353 1374 S. Vine St. 11910 S. 96th E. Ave. 7917 Briar Brook Court Denver, CO 80210-2335 Bixby, OK 74008 Dallas, TX 75218

David Elias Cowen Robert Dean Jones Yasasvin Nandish Wijetilleke OBA No. 18526 OBA No. 18949 OBA No. 32538 P.O. Box 629 6901 Donau Ct. 17555 Patti Ct. Galveston, TX 77553 Chesapeake Beach, MD 20732-4197 Montrose, CO 81401

Matthew Thomas Davies Wendy Clifton Kinsey OBA No. 20667 OBA No. 32934 11609 Leaning Elm Rd. 8604 S.W. 57th Street Oklahoma City, OK 73120 Oklahoma City, OK 73179

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 75 Bench and Bar Briefs

ON THE MOVE

Drew Neville and Chris Huckaby civil litigation, insurance law, motor law, energy and environmental have joined McAfee & Taft’s vehicle accidents, personal injury, law, mergers and acquisitions and Oklahoma City office as of counsel products liability and environmen- private placement securities offer- and Emma Payne has joined as tal law. He graduated from the OU ings. He graduated from the OU an associate. Mr. Neville’s prac- College of Law in 2008. College of Law in 2006. tice focuses on appellate law and litigation, and he graduated from Dustin Bradley opened Bradley Daniel C. Hays was named the OU College of Law in 1972. Mr. Law Firm PLLC. He will handle a managing director of Chansolme Huckaby practices in the areas of broad range of civil, business and Harroz Hays Schnebel PLLC. He energy, oil and gas and litigation, family law matters. The law firm practices a wide range of litigation and he graduated from the OU is located at 1811 S. Baltimore Ave, and will lead the firm’s litigation College of Law in 1995. Ms. Payne’s Tulsa, 74119, and can be reached at team. He graduated from the OCU practice is focused on complex 918 -933 - 5367. School of Law in 2010. business litigation with an empha- sis on matters affecting the energy Elizabeth A. Price, Jessica D. Philip A. Ross and Alex E. industry. She graduated from the Hatcher and Tom R. Russell have Mustain joined the law firm of OCU School of Law in 2016. been named partners at Hartzog Baumert, Cummings & Hiatt. Conger Cason. Ms. Price concen- Mr. Ross has joined the firm as Barber and Bartz PC and R&R trates her practice on the areas of counsel and will be engaged Strategies PLLC have announced of commercial litigation, class in the general practice of law and their merger. Kara Greuel has action and other complex business in criminal defense. He gradu- been named a shareholder and litigation and appellate practice ated from the TU College of Law Stephanie Mitchell will join the particularly in federal appeals in 1983. Mr. Mustain has joined firm as of counsel. courts. She graduated from the the firm as an associate attorney OU College of Law in 2008. Ms. and will focus his practice on the Lane Neal has been named partner Hatcher focuses her practices on general practice of law including at the Oklahoma City-based law oil and gas administrative law. business, family law and domestic firm Durbin, Larimore & Bialick. Mr. Russell’s practice is concen- cases. He graduated from John His practice areas include appellate, trated in the areas of corporate Marshall School of Law in 2018.

KUDOS AT THE PODIUM

Javier Ramirez of Okmulgee Richard D. James presented Ethics Consortium. The panel was appointed to serve on the “Automobile Accident Claim covered ethics and compliance Oklahoma Commission on Settlement from the Attorney’s topics such as gifts and entertain- Children and Youth. Point of View” at the Annual ment, common missteps and Convention and Leveling best practices. Jacqueline Stout of Pryor was sworn Conference of Mennonite in as special judge for District 12. Motorist Aid Inc. Marty Ludlum gave three presentations on international/ Breea Clark of Norman was elected Kim Love moderated a panel intercultural trade and regulations mayor for the city of Norman. discussion titled “Hot Topics in to Acada University in Helsinki. Ethics” sponsored by the Tulsa Chapter of the Oklahoma Business

76 | APRIL 2019 THE OKLAHOMA BAR JOURNAL

In Memoriam

ohn Dooley Board of Amarillo, ohn Patrick Cremin of Tulsa udge Michael Turner Norman JTexas, died March 11. He was Jdied Feb. 6. He was born Nov. Jof Muskogee died Feb. 25. He born March 3, 1935, in Oklahoma 18, 1944, in Tulsa. He graduated was born Oct. 30, 1943. He received City and graduated from Boise from Bishop Kelley High School his J.D. from the TU College of City High School in 1953. He was in 1962, from TU with a degree in Law in 1968. After law school, he in the ROTC and was commis- journalism in 1966 and from the returned to Muskogee where he sioned as an officer in the U.S. TU College of Law in 1973. After went into private practice with his Army. He served as a military his admission to the bar in 1974, father. He was appointed munic- intelligence office for two years he joined Hall, Estill, Hardwick, ipal judge in 1979, where he served and then returned to school. Gable, Golden and Nelson PC. He with distinction for 20 years. He He received his J.D. from the OU focused his practice on employment ran for the district court judge College of Law in 1962. He worked litigation, defending employers and position and went on to serve in for several different law firms supervisors in more than 30 juris- that capacity for 20 years. Memorial before becoming a sole practi- dictions. He loved people, karaoke contributions can be made to the tioner and opening John Board and TU athletics. Memorial con- St. Paul Sanctuary Fund, Junior Law Office. He was active in his tributions can be made to Holy Golf at Muskogee High School or community and served on the Family School and TU. the Whittier Elementary School boards for First National Bank Summer “Food for Children” fund. of Guymon and Texas County ichard Eugene Hovis of Memorial Hospital. Memorial ROklahoma City died Jan. 27. ohn A. Philbin of Nichols Hills contributions can be made to BSA He was born Jan. 21, 1945, in Tulsa. Jdied Feb. 8. He was born July 2, Hospice of the Southwest. He graduated from Edison High 1934, in Shawnee. He graduated School, OSU with a degree in from OU and earned his J.D. from avid L. Boren of Houston biology and received his J.D. from the OCU School of Law. After law Ddied Sept. 22, 2018. He grew the TU College of Law. He prac- school, he joined the law firm that up in Henderson, Texas, and ticed law in Tulsa, Muskogee and later became known as Speck, served four years in World War II Hobart, where he was elected to be Philbin, Fleig, Trudgeon and Lutz, as a pilot. He graduated from the associate district judge for Kiowa where he practiced for more than SMU Dedman School of Law in County. His family and friends 50 years. He was an avid OU 1948 and was licensed to prac- enjoyed his kind nature and football fan and former president tice law in Texas and Oklahoma. sarcastic sense of humor. of the Oklahoma City All Sports His practice focused on oil and Association. Memorial contribu- gas law and land titles. Ballroom tions can be made to Pediatric dancing was his passion. Cancer Research at Children’s Hospital Los Angeles or Oklahoma Chapter of the Humane Society.

HOW TO PLACE AN from you. Sections, committees, Submit news items to: ANNOUNCEMENT: and county bar associations The Oklahoma Bar Journal are encouraged to submit short Mackenzie Scheer welcomes short articles or news stories about upcoming or recent Communications Dept. items about OBA members and activities. Honors bestowed by other Oklahoma Bar Association upcoming meetings. If you are an publications (e.g., Super Lawyers, Best 405-416-7084 OBA member and you’ve moved, Lawyers, etc.) will not be accepted as [email protected] become a partner, hired an associate, announcements. (Oklahoma based taken on a partner, received a publications are the exception.) Articles for the August issue must be promotion or an award, or given Information selected for publication received by July 1. a talk or speech with statewide or is printed at no cost, subject to national stature, we’d like to hear editing and printed as space permits.

78 | APRIL 2019 THE OKLAHOMA BAR JOURNAL osie Caroline Stanley-Reiter of ames Clarence Thomas of eremy Douglas West of JOklahoma City died Feb. 3. JTulsa died Jan. 6. He was born JOklahoma died Oct. 19, 2018. She was born Dec. 1, 2974, in Jan. 6, 1929, in Alva. He attended He was born Oct. 14, 1969, in Fort Tahlequah. She earned a Bachelor the University of Alabama School Smith, Arkansas. He graduated of Science in criminal justice of Law and received a fellowship from Pocola High School in 1987, with a paralegal option from to get his master’s degree at New Northeastern State University with Northeastern State University York University after graduating. a degree in accounting in 1993 and and then went on to receive her After his fellowship, he moved to from the OU College of Law in 1996. J.D. from the OU College of Law. Tulsa where he became a professor He was a personal injury lawyer his She worked for Cherokee Nation of law for 48 years. He loved his entire career. Mr. West founded the and several law offices before family and enjoyed taking road firms West & Associates and West, becoming a staff attorney at the trips. He will be remembered for Ylla, Gosney. He loved helping Oklahoma Indian Legal Services. his generosity, humor, strong work people, going to the lake, watching Friends and co-workers describe ethic, positive attitude and love for movies and flying. Ms. Stanley-Reiter as dedicated teaching. Memorial contributions and hard working. can be made to the Mental Health Association of Oklahoma. ohn B. Roberts of New York JCity died June 8, 2018. He was born Dec. 1, 1958, and graduated from the OU College of Law in 1984. He was an attorney and certified public accountant. He will be remembered for his kind, gentle spirit and welcoming smile.

ohn Rowntree of Edmond died JOct. 27, 2018. He was born Oct. 9, 1948, in Oklahoma City. He attended Harding High School, the University of Virginia, OU and the OU College of Law. He was a trial lawyer for 20 years and practiced oil and gas law with his father. His greatest pride and joy were his children, grandchildren and wife, Nancy, who he was married to for 47 years. Memorial contributions can be made to A Chance to Change and the Mental Health Association of Oklahoma.

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 79 2019 ISSUES MAY OCTOBER Technology Appellate Law Editor: C. Scott Jones Editor: Luke Adams [email protected] AUGUST Deadline: May 1, 2019 Access to Justice Editor: Melissa DeLacerda NOVEMBER [email protected] Indian Law Deadline: May 1, 2019 Editor: Leslie Taylor [email protected] SEPTEMBER Deadline: Aug. 1, 2019 Bar Convention Editor: Carol Manning DECEMBER Starting a Law Practice Editor: Patricia Flanagan patriciaaflanaganlawoffice@ cox.net Deadline: Aug. 1, 2019

2020 ISSUES

JAUNARY AUGUST Meet Your Bar Children and the Law Association Editor: Luke Adams Editor: Carol Manning [email protected] Deadline: May 1, 2020 FEBRUARY Family Law SEPTEMBER Editor: Virginia Henson Bar Convention [email protected] Editor: Carol Manning Deadline: Oct. 1, 2019 OCTOBER MARCH Mental Health Constitutional Law Editor: C. Scott Jones Editor: Clayton Baker [email protected] claytonbaker@ Deadline: May 1, 2020 wardandlee.com Deadline: Oct. 1, 2019 NOVEMBER Alternative Dispute APRIL Resolution Law Day Editor: Aaron Bundy Editor: Carol Manning [email protected] Deadline: Aug. 1, 2020 MAY Diversity and the Law DECEMBER Editor: Melissa DeLacerda Ethics & Professional [email protected] Responsibility Deadline: Jan. 1, 2020 Editor: Amanda Grant [email protected] Deadline: Aug. 1, 2020

2019–2020 EDITORIAL CALENDAR 2019–2020 EDITORIAL If you would like to write an article on these topics, contact the editor.

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THE OKLAHOMA BAR JOURNAL APRIL 2019 | 83 Classified Ads

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84 | APRIL 2019 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

OKLAHOMA BAR ASSOCIATION HEROES program DEPUTY GENERAL COUNSEL III. The Oklahoma Health is looking for several volunteer attorneys. The need for Care Authority (OHCA) is searching for a deputy general FAMILY LAW ATTORNEYS is critical, but attorneys counsel III. The OHCA administers two health programs from all practice areas are needed. All ages, all counties. for the state including SoonerCare, Oklahoma’s Medicaid Gain invaluable experience, or mentor a young attorney, program, and Insure Oklahoma. The ideal candidate will while helping someone in need. For more information prosecute and defend administrative and judicial actions or to sign up, contact Margaret Travis, 405-416-7086 or on behalf of OHCA. Candidate must be able to analyze, [email protected]. review and research copyright and trademark issues and provide legal support for IT issues. This position is also CORPORATE PARALEGAL. EXCELLENT PAY AND responsible for reviewing and analyzing contracts. Other BENEFITS! W.C. Bradley Co., a 130+ year old international duties include: coordinating referrals and investigative consumer products company seeks a qualified paralegal efforts; analyzing and determining impact of proposed for its Tulsa, Oklahoma, office to replace a retiring legislation; addressing contract bid issues; attending paralegal who has been with the company for a decade. to HIPAA and Open Records issues and acting as principal Reporting directly to the general counsel, this position contact for legal advice and assistance to an administrative will perform critical legal functions on behalf of its family unit (e.g. Behavioral Health, Provider Services, etc.). of world class companies who compete in the global Requires a bachelor’s degree and 6+ years of experience marketplace. Requirements include a self-motivated team practicing law. Must be an active member of the state player with 5+ years’ experience; completion of an ABA- bar of Oklahoma. Other relevant legal and/or health accredited paralegal program is preferred. Candidates care administration experience involving bankruptcy must have strong legal research and writing skills. proceedings, health care insurance and/or state or federal Excellent computer, organizational, attention-to-detail, health care experience preferred. Advanced education and project management, written/verbal communication computer research/case management software is desired. and prioritization skills are musts. The ability to meet Apply online at www.okhca.org. deadlines is critical. Candidate should be flexible to work overtime, as needed, and have flexibility to travel. The DUE TO THE RETIREMENT OF A 37 YEAR PROSECUTOR, General Counsel’s Office is a fast-paced environment District 9, Payne & Logan counties, is seeking an experienced that addresses many areas of the law. Please apply if you trial attorney. A minimum of 8 years prosecution experience have experience in any of the following areas: consumer including all major felony crimes is a requirement. Salary is transactional contracts, corporate governance, merger and commensurate with experience. Please send cover letter and acquisitions, regulatory, intellectual property including resume to [email protected]. trademarks and patents, risk management, litigation and international. Experience in any of these areas is OKLAHOMA CITY FIRM SEEKS TRIAL LAWYER a plus. Proficiency with Microsoft Word, Outlook, Excel, WITH AT LEAST TEN YEARS of experience. Excellent PowerPoint, Windows-based software and Westlaw is a compensation and benefits and reduced partnership plus. Your expertise will be rewarded with an attractive track. Please submit cover letter and resume to “Box G,” salary/benefits package along with a casual dress code Oklahoma Bar Association, P.O. Box 53036, Oklahoma environment. To apply: https://goo.gl/3TFRMz. No City, OK 73152. phone calls please. The W.C. Bradley Co. is an Affirmative Action and Equal Opportunity Employer. The W.C. Bradley Co. uses E-Verify to confirm the employment ASSOCIATE POSITION AVAILABLE: Small boutique eligibility of all new team members. To learn more about law firm seeking association with 3-5 years of experience; E-Verify, including your rights and responsibilities, please research and writing skills; top 25 percent graduate; visit the U.S. Citizen and Immigration Service at www. law review or federal judicial clerk experience desired; uscis.gov/e-verify. E-Verify® is a registered trademark of complex litigation experience preferred. Submit resume the U.S. Department of Homeland Security. to Federman & Sherwood, 10205 N. Pennsylvania Avenue, OKC 73120, or [email protected].

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 85 POSITIONS AVAILABLE POSITIONS AVAILABLE

THE BRANCH LIBRARIAN FOR THE OKLAHOMA THE WESTERN DISTRICT OF OKLAHOMA SEEKS BRANCH LIBRARIES manages and maintains IMMEDIATE APPLICANTS FOR THE FEDERAL law libraries within the Oklahoma City and Tulsa CRIMINAL TRIAL TRAINING PANEL in Oklahoma courthouses. The librarian is responsible for providing City, Oklahoma. To be eligible you must: 1) be a member reference and research services to the federal judges and in good standing of the federal bar in the Western District judiciary staff in the Eastern, Western, and Northern of Oklahoma; 2) have been admitted to the practice of districts of Oklahoma in their respective courthouses. law not less than four years; 3) have trial experience in The branch librarian will work with the circuit librarian either federal or state court; and 4) have knowledge of the and other research and reference librarians circuit-wide as Federal Rules of Criminal Procedure, the Federal Rules necessary to develop and deliver training and educational of Evidence and the United States Sentencing Guidelines. programs, as well as provide online reference services The training panel is an 18-month commitment starting throughout Oklahoma (including Westlaw, Lexis-Nexis, Wednesday, Aug. 28, 2019. The training panel is limited OCLC, SIRSI ILS, and the judiciary intranet). Applicants to 10 members, and members must commit to attending must have master’s degree in library science from an ALA- all sessions, so applicants should check their schedules accredited institution and a J.D. from an ABA-accredited and confirm participation before applying. Training law school (bar certification not required); at least three will include entering appearances in federal court with years of professional library experience in a law library or CJA trial panel attorney mentors and the Federal Public legal research setting. Applicant must have expert online Defender Office. You will be compensated $75 per hour for research skills (including Lexis, Westlaw and the internet) in court time. Application forms can be obtained online at and in-depth familiarity with both print and electronic okw.fd.org/cja-resources/documents and emailed to Kim resources; highly comfortable with providing digital Taylor, CJA Supervising Attorney for the Western District reference service; excellent organizational, interpersonal, of Oklahoma at [email protected] or mailed to 215 and communication skills, including the ability to make Dean A McGee Ave. Ste 109, Oklahoma City, OK 73102. presentations and conduct training sessions; strong service Applications must be submitted to Kim Taylor no later orientation; ability to work alone and as part of a team; than 5 p.m., April 30, 2019. If applications are mailed, they flexibility; initiative. Regular travel to multiple locations is must be postmarked by midnight, April 30, 2019. required. For more information and to apply, visit www. ca10.uscourts.gov/hr/jobs. GUNGOLL, JACKSON, BOX & DEVOLL, P.C. SEEKS EXPERIENCED ESTATE PLANNING ATTORNEY. NATIONAL LAW FIRM IS SEEKING AN OIL AND Competitive pay and excellent benefits. Please send GAS ASSOCIATE with 3-5 years’ experience to join its cover letter, résumé and writing sample to blanton@ growing Energy Group in Denver. The ideal candidate gungolljackson.com. should be a highly motivated self-starter who does well working on their own and in a team environment. THE OKLAHOMA CORPORATION COMMISSION Significant experience drafting title opinions in the DJ HAS AN OPENING FOR AN ATTORNEY in the Judicial & Basin is preferred, as is a license to practice in Colorado. Legislative Services Division, representing the Oil Landman experience is a plus. Excellent academic and Gas Division. This is an unclassified position with qualifications and communication skills required. a salary of $67,000 - 73,000 annually, depending upon Firm offers a competitive salary and excellent benefits experience. Applicants should be admitted to the bar for in a friendly, business casual setting. Send cover letter, at least 3 years and have at least one year of litigation resume and writing sample to lschlappi@lathropgage. experience, with some administrative law experience com. Visit www.lathropgage.com preferred. Strong research and writing skills required. Send resume and writing sample to Oklahoma GUNGOLL, JACKSON, BOX & DEVOLL PC SEEKS Corporation Commission, Human Resources Division, EXPERIENCED LITIGATION ATTORNEY. Family law P.O. Box 52000, Oklahoma City, OK 73152-2000. For experience preferred but not required. Competitive pay inquiries, contact Lori Mize at 405-522-0260 or at HR3@ and excellent benefits. Please send cover letter, résumé occemail.com. Deadline: April 15, 2019. and writing sample to [email protected].

86 | APRIL 2019 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

NORMAN, WOHLGEMUTH, CHANDLER, JETER OKLAHOMA CITY AV RATED MEDICAL BARNETT & RAY, a mid-size, fast-paced civil, business, MALPRACTICE AND INSURANCE DEFENSE FIRM family and criminal litigation firm seeks a lawyer with SEEKS AN ASSOCIATE ATTORNEY, licensed to practice 3-6 years of experience with an emphasis on litigation. If in the state of Oklahoma, with one to five years’ experience interested, please send confidential resume, references for immediate placement. Candidate must be highly and writing sample to [email protected]. motivated, possess the ability, experience and confidence to interview expert witnesses, take depositions and appear in NORMAN BASED FIRM IS SEEKING A SHARP & court for motion hearings and trial. Position requires strong MOTIVATED ATTORNEY to handle HR-related matters. communication, research and writing skills. We offer Attorney will be tasked with handling all aspects of HR- excellent benefits and a competitive compensation package related items. Experience in HR is required. Firm offers commensurate with experience. All replies are kept in strict health/dental insurance, paid personal/vacation days, confidence. Applicants should submit resume, cover letter 401k matching program and a flexible work schedule. and writing sample to [email protected]. Members of our firm enjoy an energetic and team- oriented environment. Position location can be for any TULSA LAW FIRM SEEKING PATENT ATTORNEY. of our Norman, OKC or Tulsa offices. Submit resumes Will train. Experience a plus. Send replies to Oklahoma to [email protected]. Bar Association, “Box O,” P.O. Box 53036, Oklahoma City, OK 73152. SUCCESSFUL AND ESTABLISHED TULSA FIRM SEEKS A DRIVEN ASSOCIATE ATTORNEY to add GRANTS FUNDED to its civil litigation team. Must be detail-oriented and able to work independently in a team environment. The perfect candidate will be hungry to help clients, to learn LEGAL SERVICES CORPORATION NOTICE OF and to succeed. Candidates with a strong work ethic AVAILABILITY OF GRANT FUNDS FOR CALENDAR and desire to advance their skills required with 1 to 5 YEAR 2020. The Legal Services Corporation (LSC) years of legal experience. Resumes and writing samples announces the availability of grant funds to provide accepted at [email protected]. civil legal services to eligible clients during calendar year 2020. The Request for Proposals (RFP), which includes instructions for preparing the grant proposal, TULSA BUSINESS, LITIGATION AND REAL will be available at http://www.lsc.gov/grants-grantee- ESTATE LAW FIRM seeks associate attorney. Primary resources/grantee-login during the week of April 8, responsibilities include research and brief writing, pretrial 2019. In accordance with LSC’s multiyear funding policy, discovery and limited court appearances. A minimum of grants are available for only specified service areas. On or 3 years’ experience preferable. Compensation commensurate around the week of March 11, 2019, LSC will publish the with experience and skills. Flexible hours are possible. list of service areas for which grants are available and the Submit resume and references to “Box J,” Oklahoma Bar service area descriptions at https://www.lsc.gov/grants- Association, P.O. Box 53036, Oklahoma City, OK 73152. grantee-resources/our-grant-programs/basic-field-grant/ lsc-service-areas. Applicants must file a Notice of Intent WATKINS TAX RESOLUTION AND ACCOUNTING to Compete (NIC) and the grant proposal through LSC’s FIRM is hiring attorneys for its Oklahoma City and online application system in order to participate in the grants Tulsa offices. The firm is a growing, fast-paced setting process. The online application system will be available with a focus on client service in federal and state tax at https://lscgrants.lsc.gov/EasyGrants_Web_LSC/ help (e.g. offers in compromise, penalty abatement, Implementation/Modules/Login/LoginModuleContent. innocent spouse relief). Previous tax experience is aspx?Config=LoginModuleConfig&Page=Login during not required, but previous work in customer service the week of April 8, 2019. Please visit https://www.lsc. is preferred. Competitive salary, health insurance and gov/grants-grantee-resources/our-grant-programs/ 401K available. Please send a one-page resume with basic-field-grant for filing dates, applicant eligibility, one-page cover letter to [email protected]. submission requirements and updates regarding the LSC grants process. Please email inquiries pertaining to the LSC grants process to [email protected].

THE OKLAHOMA BAR JOURNAL APRIL 2019 | 87 The Back Page The Greatest Speech in U.S. History: Abraham Lincoln’s Gettysburg Address By Clark Musser and Travis Pickens

N NOV. 19, 1863, two and 10 sentences and 272 words – since by all right-minded lawyers Oa half years into the Civil changed the course of world and judges. Before Lincoln’s War and just outside the town history. As historian Joseph Ellis presidency, numerous statesmen, of Gettysburg, Pennsylvania, a tells us, “Lincoln captured equal- writers and clerics in concert with national cemetery was dedicated. ity and liberty and made them various organizations and societ- The customary centerpiece of integral to our nationhood.” The ies advocated abolition of slavery. such ceremonies was an oration, address is a benediction to all who Few, if any, espoused equality usually lasting two or more hours. died – not just those in blue – and under the law, regardless of race. The organizers were assured of it was a raison d’etre for our nation, Every time a lawyer drafts a a successful event when Edward which was “conceived in liberty, law, explains a law or argues a law, Everett, the greatest orator of the and dedicated to the proposition and every time a judge interprets age, agreed to deliver the ora- that all men are created equal ... and applies a law, Lincoln’s words tion. The president of the United that this nation, under God, shall are manifest. Every time a lawyer States was asked to make the have a new birth of freedom, and represents the poor, the powerless, formal dedication by providing that government of the people, by the inept and the insane or the “a few appropriate remarks.” Mr. the people, for the people, shall not rich, the powerful, the able and Everett’s oration, which pre- perish from the earth.” the keen, the lawyer preserves the ceded the president’s dedication, Lincoln was a highly skilled spirit of Lincoln at Gettysburg. was described by an informed and successful lawyer. He was In our nation and under our observer as “spellbinding.” He described by his longtime law laws, we are free, we are equal, we held the crowd of 15,000 in “rapt partner as “governing all by his are fair, and we are worthy. Lawyers attention” for two hours. intellect and the superiority of his today have the same responsibil- Moments thereafter, Abraham powers of reason,” skills he honed ity to “seek improvement of the Lincoln – in two and a half minutes, as a trial lawyer. We may deduce law, access to the legal system, the Lincoln would not have been able administration of justice and the to capture the soul of America and quality of service rendered by the its unique place in history with legal profession” as stated in the such irrefutable logic and morality preamble to the Oklahoma Rules of were it not for his devotion to the Professional Conduct. rule of law and decades of service We lawyers may not feel to his clients. Lincoln’s hand upon our shoul- In his address, Lincoln merged ders, but it is there. the principles of equality and lib- erty with such eloquence and logic that they have become morally Mr. Musser and Mr. Pickens irrefutable, and thus upheld ever practice in Oklahoma City.

88 | APRIL 2019 THE OKLAHOMA BAR JOURNAL