PRSRT STD US POSTAGE PAID PERMIT# 59

OKLA CITY OK

Page 5 Page Page 11 Page 22 10 OK County Bar Auxiliary ...... Auxiliary Bar County OK ...... Observer Bar

19 7 Old News ...... News Old ...... Playlists Definitive iBar

Loss of President J.F. Kennedy J.F. President of Loss U.S. District Court Clerk Court District U.S.

19 6 Book Notes ...... Notes Book . Exercise... of Effect Protective The

A Personal Account of the of Account Personal A Robert D. Dennis, Retiring Dennis, D. Robert

16 5

Court Justice (1890-1892) ...... (1890-1892) Justice Court Events and Seminars ...... Seminars and Events

Held in Honor of Honor in Held Day Patrick’s St.

4 A.J. Seay: Territorial Supreme Supreme Territorial Seay: A.J...... Said Court the And

Ceremony to be to Ceremony for Memories Irish

12 2 Stump Roscoe ...... Roscoe Stump ...... President The From

Inside

See PROFILES, PAGE 13 PAGE PROFILES, applied to the OU School of Law. They Law. of School OU the to applied her mother said, “How interesting! “How said, mother her

See announced she was going to law school, law to going was she announced PRO-BONO, PAGE 22 PAGE PRO-BONO, another respected professor, Tobias professor, respected another

Her grades had qualified her to be on law on be to her qualified had grades Her father an art gallery owner. When Tobias When owner. gallery art an father History professor, and on the advice of advice the on and professor, History

of law school, Tobias became pregnant. became Tobias school, law of her mother a poet and writer and her and writer and poet a mother her accepted a job at OU as a Russian a as OU at job a accepted Services of Oklahoma, Inc. The clin- The Inc. Oklahoma, of Services

For instance, at the end of her first year first her of end the at instance, For mother a philharmonic voice instructor, voice philharmonic a mother Clinic sponsored by Legal Aid Legal by sponsored Clinic pursuing her goals. Tobias’ husband Tobias’ goals. her pursuing

bers the gender inequality of the time. the of inequality gender the bers through the 3rd Saturday Legal Saturday 3rd the through for the Chicago Philharmonic, her grand- her Philharmonic, Chicago the for choice between marrying her love and love her marrying between choice

bono obligation for many years many for obligation bono Tobias. But Tobias also vividly remem- vividly also Tobias But Tobias. family. Her grandfather was a conductor a was grandfather Her family. as she remembered having to make her make to having remembered she as

option. I have been fulfilling my pro- my fulfilling been have I option.

have stayed in law school forever,” states forever,” school law in stayed have artists, Tobias was the first lawyer in her in lawyer first the was Tobias artists, “Love wins every time,” laughed Tobias laughed time,” every wins “Love

period of time, there is another is there time, of period

Tobias. “I loved law school. I should I school. law loved “I Tobias.

Born to a family of musicians and musicians of family a to Born dating her professor, she chose to leave. to chose she professor, her dating

court and on-going service over a over service on-going and court

But the lack of women didn’t bother didn’t women of lack the But and compelling as her name. her as compelling and ty’s non-fraternization policy and started and policy non-fraternization ty’s

cases that require appearances in appearances require that cases

fused with mediation). She is as unique as is She mediation). with fused including Tobias, in the first year class. year first the in Tobias, including

however, when she violated the universi- the violated she when however, you to accept traditional pro-bono traditional accept to you

instructor of meditation (not to be con- be to (not meditation of instructor second year class and three women, three and class year second doctorate in American History at UNM; at History American in doctorate If your practice will not permit not will practice your If

who is now a vegetarian, Buddhist, vegetarian, a now is who the graduating class, two women in the in women two class, graduating the an MA in 1967. She planned to pursue a pursue to planned She 1967. in MA an

Employment Security Commission Security Employment

cigarettes, martinis and black coffee” black and martinis cigarettes,

student, there were only three women in women three only were there student, Mexico and obtained a BA in 1964 and 1964 in BA a obtained and Mexico General Counsel, Oklahoma Counsel, General

previously stressed out lawyer, living on living lawyer, out stressed previously

When Tobias entered as a first year law year first a as entered Tobias When Tobias attended the University of New of University the attended Tobias By John E. Miley E. John By

Haven Tobias describes herself as “a as herself describes Tobias Haven school in 1969. 1969. in school Hailing originally from Chicago, from originally Hailing

3rd Saturday Legal Clinic Legal Saturday 3rd By Alisa White Alisa By moved to Norman and Tobias began law began Tobias and Norman to moved We’ve never had a tradesperson before.” before.” tradesperson a had never We’ve

Opportunity: Haven Tobias Haven

Pro-Bono

Profiles in Professionalism in Profiles

Oklahoma City Society of Title Attorneys. Title of Society City Oklahoma

Gretchen Crawford. Gretchen See DONATION, PAGE 12 PAGE DONATION,

Sarah Schumacher, Venita Hoover, Judge Bryan Dixon, Barbara Bowersox, Saul Reid, E. Parker Lowe and Lowe Parker E. Reid, Saul Bowersox, Barbara Dixon, Bryan Judge Hoover, Venita Schumacher, Sarah tually led to the formation of the of formation the to led tually

be part of an active title group. This even- This group. title active an of part be

assist the Law Library in acquiring fur- acquiring in Library Law the assist

forty; however, other attorneys wanted to wanted attorneys other however, forty;

“We’re pleased that the OKCRPLA can OKCRPLA the that pleased “We’re

Lawyers Group limited its membership to membership its limited Group Lawyers

the Law Library’s new media room. media new Library’s Law the

which established in 1943. The Title The 1943. in established which

funds to help underwrite furnishings for furnishings underwrite help to funds

Title Lawyers Group of Oklahoma City, Oklahoma of Group Lawyers Title

tions, the OKCPRLA recently donated recently OKCPRLA the tions,

The group traces its beginning back to the to back beginning its traces group The

keeping the several decades of presenta- of decades several the keeping

continuing legal education to its members. its to education legal continuing

In appreciation of the Law Library’s Law the of appreciation In

monthly to exchange ideas and provide and ideas exchange to monthly

into the officer positions. positions. officer the into

interested in real property, which meets which property, real in interested

with a seven member board which rotates which board member seven a with

attorneys from the Oklahoma City area City Oklahoma the from attorneys

ed in real estate law. OKCPRLA operates OKCPRLA law. estate real in ed

several decades. OKCRPLA is a group of group a is OKCRPLA decades. several

neys in central Oklahoma who are interest- are who Oklahoma central in neys

presentations made to the association for association the to made presentations

members. Membership is open to attor- to open is Membership members.

been the designated repository of the paper the of repository designated the been

Today OKCRPLA has approximately 100 approximately has OKCRPLA Today

Association (OKCRPLA). The library has library The (OKCRPLA). Association

Oklahoma City Real Property Lawyers. Property Real City Oklahoma

the Oklahoma City Real Property Lawyers Property Real City Oklahoma the Association changed its name to the to name its changed Association

trove of real property related papers from papers related property real of trove the Oklahoma City Title Attorneys Title City Oklahoma the

have come across the library’s treasure library’s the across come have City Title Attorneys Association. In 1996, In Association. Attorneys Title City

Oklahoma County Law Library, they may they Library, Law County Oklahoma Attorneys merged to form the Oklahoma the form to merged Attorneys

For OCBA members familiar with the with familiar members OCBA For and the Oklahoma City Society of Title of Society City Oklahoma the and

By Barbara G. Bowersox G. Barbara By In April of 1971, the Title Lawyers Group Lawyers Title the 1971, of April In

Oklahoma County Law Library Law County Oklahoma

Oklahoma City Real Property Lawyers Association Makes Donation to to Donation Makes Association Lawyers Property Real City Oklahoma

Vol. 46, No. 3 A Publication of the the of Publication A 3 No. 46, Vol. 2014 MARCH KAOACUT A SOITO WWW. ASSOCIATION BAR COUNTY OKLAHOMA OKCBAR.ORG 2 BRIEFCASE • March 2014

BRIEFCASE From the President March 2014 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Oklahoma City, OK 73102 Winds of Change (405) 236-8421

Briefcase Committee at the Oklahoma County Juvenile Center and Judge Jim Croy, Jim Drummond, Michael Duggan, Justin Hiersche, Scott Jones, Matt the Oklahoma County District Courthouse Kane, Teresa Rendon, Bill Sullivan, Rex Travis, Alisa White, Chris Deason, Judge Don Deason By Judge Patricia Parrish In deprived cases, the Judges are tact Tsieno Bruno-Thompson at tthomp- and Judge Allen Welch. OCBA President involved at every juncture of the case [email protected] or call 405.232.4453. Editor Judge Geary L. Walke from the initial pick up of the child to In addition to the countless hours vol- In case you haven’t felt them, the permanent placement. Until the child is unteered by OLFC volunteer attorneys, Contributing Editors Dean Lawrence Hellman “Winds of Change” have occurred at the permanently placed, the CASA (Court Appointed Bill Gorden Oklahoma County Courthouse. Recently, Judge is faced with one Special Advocates) vol- Warren Jones eight judges have taken new assignments overriding concern - unteers also work tire- which are listed below. Trying to explain determining what is in lessly for the children. Oklahoma County Bar Association who’s in what office is like reciting the the best interests of that CASA volunteers advo- old Abbott and Costello act “Who’s on OFFICERS: particular child. cate for the best interests first?” Good luck on being on time for President Judge Patricia Parrish The Court has three of the deprived child in your next docket! President-Elect Jim Webb Case Managers to assist the juvenile court sys- • District Judge Kenneth Watson, Vice President Angela Ailles Bahm the Judges in more expe- tem. This advocacy Juvenile docket Past President John Heatly ditiously moving cases includes advocating not • District Judge Lisa Davis, Juvenile Treasurer Robert D. Nelon through the system. In only for the best perma- docket Bar Counsel Brandon Long each case, an Oklahoma nent home for the child • District Judge Tim Henderson, STAFF: County Assistant District but also for services pro- Criminal docket Executive Director Debbie Gorden Attorney is appointed to vided through DHS, such • District Judge Bernard Jones, Civil Legal Placement Director Pam Bennett represent the State’s as tutoring, clothing Membership Services Connie Resar docket interest. Parents either vouchers and healthcare. • Associate Judge Richard Kirby, Judge Patricia Parrish hire or are appointed CASA volunteers cur- Journal Record Publishing Co. Inc. Probate/Guardianship docket legal counsel. An Oklahoma County rently assist between 26 percent and 28 • Special Judge Larry Shaw, Publisher Mary Mélon Public Defender is appointed to represent percent of the children in need, therefore, VPO/Mental Health docket Director of Sales the child. the need for additional CASA volunteers and Community Relations Sunny Cearley • Special Judge Don Andrews, When a conflict of interest in repre- is great. CASA volunteers do not need to Art Director Gary L. Berger Domestic docket senting the child occurs, Oklahoma be an attorney to serve the childrens’ Creative Services Tiffany English • Special Judge Cassandra Williams, needs. To volunteer for CASA, contact Velvet Rogers Juvenile docket Lawyers for Children (“OLFC”) plays an Alex Corbitt at jjalecor@oklahomacoun- Advertising Acct Exec Jessica Misun Attorneys may be familiar with the instrumental role in providing pro bono ty.org or call 405-713-6607. Oklahoma County Courthouse but per- representation for the children. In 1997, There are currently over 1,700 juvenile haps not as much with the Oklahoma Don R. Nicholson, II, and D. Kent For advertising information, County Juvenile Justice Center. At the Meyers co-founded OLFC which cur- deprived cases pending in Oklahoma call 278-2820. Juvenile Center, District Judge Lisa rently has over 1,100 volunteer attorneys County with over 3,000 children in the Davis serves as Presiding Judge. Also on who represent deprived children in all of system. Postmaster: Send address changes to OCBA If it is true that it takes a village to raise Briefcase, 119 North Robinson Ave., Oklahoma the Bench are District Judge Kenneth the various stages of a case from the ini- City, Oklahoma 73102. Watson, Special Judges Gregory Ryan, tial show cause hearing through reunifi- a child, then I submit to you that it takes John Jacobsen and Cassandra Williams. cation or adoption. an army of volunteers to address the Journal Record Publishing produces the Briefcase These judges handle both delinquent and If you have an interest in volunteering needs of these 3,000+ abused and neg- for the Oklahoma County Bar Association, which is deprived cases. for Oklahoma Lawyers for Children, con- lected children in our county. solely responsible for its content. © 2014 Oklahoma County Bar Association And now for the rest of the story… I want to extend a sincere thank you acquitted. As a result of the acquittal, to all those who heeded the call to duty Mr. Rockwood was able to keep his OKLAHOMA COUNTY in last month’s Briefcase. As you may homestead which included the land BAR ASSOCIATION remember, Rockwood Elementary where Rockwood Elementary now MISSION STATEMENT School was in need of reading mentors stands. In later years, (perhaps as a Volunteer lawyers and judges dedicated to for its second and third grade students penance) Mr. Rockwood donated the serving the judicial system, their profession, and many of you have volunteered to land to Oklahoma City to be used for a and their community in order to foster the help. After the article ran, I found out an school. highest ideals of the legal profession, to bet- interesting bit of information about There is still a need for volunteers at ter the quality of life in Oklahoma County, Rockwood Elementary. Rockwood Rockwood and I challenge my “Sooner” and to promote justice for all. Elementary was named after Lewis (and “Cowboy”) friends to sign up! Adelbert Rockwood who is the grandfa- Volunteers are needed for 30 minutes ther of attorney Larry Cassil’s wife. Mr. anytime from 7:30 a.m. to 4 or 5 p.m. Cassil informed me that after the Please contact Kathryn Douglas, at Oklahoma Land Run, Mr. Rockwood 405-587-0274 or [email protected] stood trial for being a “Sooner” and was to arrange a time that fits your schedule.

Correction

We apologize to Judge Bass. His Letter to the Editor, “As A Nation…” in the February issue of the Briefcase, contained two footnote references which we omitted. Both references are attributable to State Representative Steve Simon of Minnesota: Page 3: “We have to be careful not to enshrine our beliefs — no matter how religiously valid we believe them to be —” Page 11: “I am comfortable with a society that bends towards justice for all, fairness to all, wholeness, openness and above all else, compassion to all.” www.okcbar.org • March 2014 • BRIEFCASE 3

Carol Abel Peter B. Bradford Brent D. Coldiron Teresa Elam Rose Marie Hammond David L. Kearney Kellie McGhee K. Clark Phipps Theresa Scott Jordan Thornton Ed Abel Karen K. D. Brady Jocelyn K. Coldiron David Elder Joe Hampton Sabrina Keesee Kent R. McGuire Amy Pierce Bruce Sealy Roy Thornton Hal Abel Lynn Brady Seth D. Coldiron Cecilia Ellis Lauren Barghols Hanna Brandon Kemp Greg McIlvoy Gerald F. Pignato Heather C. Seaton C. William Threlkeld Laura Abel Jessica Bramlett Paul Coldwell Ronette Tindall Ellis Bill Hardaker Amy Kempfert Sean H. McKee Angila J. Pike Jennifer Seeger Bonnie Tillman Luke Abel Charles A. Brandt David H. Cole Melissa Elzo Lisa Harden Tom Kendrick Michael D. McMahan Mayor Robert Pittman Mark Seikel Kenneth A. Tillotson Murray E. Abowitz Joanne A. Branesky DeAnna M. Cole Shannon K. Emmons Lloyd T. Hardin, Jr. John A. Kenney Michael S. McMillin C. Craig Pitts James L. Selders Sarah J. Timberlake Joseph T. Acquaviva David A. Branscum Kenneth G. Cole Rachel Enderwood Joel W. Harmon Randy Kersey John C. McMurry Thomas Pletcher Lisa M. Selph Terry W. Tippens Kristina L. Acree John Branum Kenny Cole Mark Engel Inona Harness Clayton Ketter Carrie McNeer Ross A. Plourde Jerome S. Sepkowitz Jeff L. Todd Troy Acree Dee Brazell Steve Cole Marti English Hilda Harp Kathryn Kilpatrick David K. McPhail Charles S. Plumb Jeanna Seright Mary H. Tolbert Mariano Acuna Roy Brazell Steve A. Coleman Derek B. Ensminger Connor Harris Bryan King Sylina McWhoeter Emily K. Pomeroy Jamie Sexton A. Craig Tomlin Ellen Adams R. Wade Brewer Christopher T. Combs Roger Epperly Lisa Harris Eric R. King Erin Meador Janice Ponder Barry Shadid Raymond E. Tompkins Jeanie Adams Galen Brittroghom Shannon Condor Ruth Epperly Lyndsey Harris Karen King Bill Medlin Kathryn Ponder Dana Shadid Vicki Trammell Scott Adams Amber M. Brock J. Chris Condren Dan W. Ernst Rick Harris James A. Kirk Jane Mesca Hillari Pool Dorene Shadid Kelly Tran Diane Adkins Matt Brockman Candice Conrad William J. Ervin, Jr. Philip Hart Nevin R. Kirkland Brenda Metcalf Ted Poole Jerame Shadid Victor Trautmann Angela Ailles Bahm Kenneth A. Brokaw Penny Cook Allen D. Evans Brad Hartwick Patricia Kline Gregory Metcalfe Ashley Powell Randel Shadid Margaret Travis Diana Akerman Michael Brooks Rod Cook Cecelia Evans Pam Hartwick Steven Kline Steven Metheny Courtney Powell Idessia M. Shanks Patricia Travis Victor F. Albert Thomas D. Brower Cathey Cooper Darrol D. Evans Douglas S. Harwell Timothy D. Kline Henry A. “Hank” Meyer III Josh Powell James W. Sharrock Rex Travis Amy L. Alden Carey Brown Cody J. Cooper Kristen Evans Sally Hasenfratz Gina Knight Pat Meyer Amy M. Poyner James C. Shaw Danny Trent Carol J. Allen Charles G. Brown David C. Cooper Kyle D. Evans Greg Haubrich Byron Knox D. Kent Meyers Sterling E. Pratt Robert N. Sheets Paul Trimble Hilary S. Allen Craig Brown Jeffrey M. Cooper Mike Evans Robert J. Haupt Liz A. Knox Paul Middleton Joe Pribble Heidi Shelton Kaci Trojan Philip W. Anderson Greg Brown Mary Quinn Cooper Heather A. Lehman Fagan Kari Hawthorne Barrett J. Knudsen Sherri Mighton Beth Price Adrienne P. Sherman Madison Truesdale Mike Andre Jimmie Shadid Brown Michael J. Cooper Ashley Faust Robert W. Hayden Paul M. Kolker Drew Mildren Betty Price J. T. Sherman David L. Tulk Alyssa Andrews Lynzie K. Brown R. Thompson Cooper Matt Felty Angel Head Paul Kouri Richard Mildren Norris Price Steve Sherman Mike Turek Jennifer R. Annis Michael N. Brown George S. Corbyn, Jr. Angie Fennell Rick Healy Kevin E. Krahl Jon M. Miles Jim T. Priest Susan Shields J. Eric Turner Jami Rhoades Antonisse Pamela J. Brown Dale E. Cottingham Steve Ferguson John B. Heatly Jake Krattiger Ed Miller James Prince Shonda K. Hernandez Jacqueline Turner Francis J. Armstrong Sid Brown Gina Couch Ledford C. Fields Timothy A. Heefner Lane Krieger Robert B. Mills E. Edd Pritchett, Jr. Susan Short Dave Twidwell Shawn Arnold Brandee Bruening Elizabeth Council Roberta Fields Holly Hefton Jon W. Laasch Joelle F. Moaning David Proctor Shalene Shuler Elizabeth D. Tyrrell Jaclyn M. Arnold-Shafer Jennifer A. Bruner Derek Cowan Larry Finn Richard Hefton Michael LaBrie Randall D. Mock Keeli Proper Tim Siler J. Underwood Stuart Ashworth Daniel Bryan Angie Cox Eric Fisher Sam Hefton Randy Lacey Lisa M. Molsbee Richard Propester Jim Sill John Valentine Jeffrey A. Atkins G. David Bryant Logan Cox Ron Fisher Mary Henderson Tara LaClair Mack J. Morgan III Charles L. Puckett Steven W. Simcoe Will E. Van Egmond Ann E. Atkinson Gary A. Bryant John T. Coyne Roxanne Fitzgerald Anthony Hendricks Robert S. Lafferrandre John R. Morris Tony Puckett Charles Simons Erin Van Laanen Jon Austin Sandra Bryant Debbie J. Crabb Susanne Flewelling Russell L. Hendrickson Erin LaForge Judy Hamilton Morse Justin Pybas Vani Singhal Donna VanHorn D. Lynn Babb Brandon Buchanan Richard D. Craig Angel Florez Gov. Brad Henry Patrick Lane J. J. Moses Kimberly Quinton John D. Singleton Carrie Vaughn Richard R. Bach Vickie Buchanan Billy M. Croll Bill Flurry John Hermes Nick Larby Clyde Muchmore Ashley D. Rahill Art Sipes Kristy Ventimiglia Connie Bachman Daniel Buckelew M. Joe Crosthwait Michael R. Ford Shonda Hernandez J. Leslie LaReau Riley Mulinix Bobby Raincrow M. Ann Sipes Brenda Vernon Gary C. Bachman Matthew Buergler Mary Crumley Roger Ford Ray Hibbard James G. LaReese Russell Mulinix Cathy Raincrow Ronald D. Sipes Evan Vincent Samantha Bachman Whitney E. Buergler Liza Cryder Sherri Ford James Hicks James K. Larimore Tom E. Mullen G. Todd Ralstin Sandra Skirlock Ray Vincent Stephen D. Bachman Cristi L. Bullard J. Dillon Curran Linda S. Foreman Bobby Higginbotham James W. Larimore Glen Mullins Kathy Rambin James A. Slayton John E. Vitali Tamara A. Bachman John M. Bunting Harry Currie Diana S. Fortune David High Tammy Larsen Michael Mullins Bart Ramsey Ron Slingo Jessica Volinski Dena Bagwell Barbara K. Buratti Joan Currie Julie Fountain J. P. Hill Osmun Latrobe Rick Mullins John Mathew Randall Cass Smith Alexander C. Vosler Nikol Bailey Derek K. Burch Michelle Curtis Jerry Fraley Kevin Hill Michael F. Lauderdale Michael A. Muphy Sylvia Randolph David Smith Lauren Voth Sharon K. Bailey Bob Burke Shelley R. Cyphers Vickie L. Frame Candy K. Hills Scott A. Law Dan Murdock Kevin B. Ratliff Ellen Smith Kerry Ann Wagoner Brandon Baker William R. Burkett Robert W. Dace Matthew Free Davina Hinkston Ken Lawton Dustin Murer Chandra Holmes Ray Josh Smith Nancy Wakely Jo Balding LeAnne Burnett George W. Dahnke George Freedman Sarah Hinkston Bill Leach Brooke S. Murphy Lauren Ray Megan Smith Andrew L. Walding Joseph Balkenbush Michael Burrage Irena Damnjanoska Forrest “Butch” Freeman Cathy Hinson Alexis League Dr. Cynthia K. Murray Scott Ray Nathaniel T. Smith Collin Walke Marianne Ballard Rosemary Burris Thomas J. Daniel IV Denny Fries Karl F. Hirsch Thomas A. LeBlanc Janice Murray Ryan J. Reaves Randy Smith Kathy Walker Russell Ballard Lynne Buskirk Anderson Dark F. Andrew Fugitt Brion Hitt Ed Lee Jennifer Murray Caleb M. Redman Spencer Smith L. Mark Walker Rep. Gary W. Banz Scott A. Butcher Michael L. Darrah Jeffrey Scott Fulkerson Bill K. Hoag Lance E. Leffel Pauline Murray Ben Reed Valerie R. Smith Russ Walker Steven L. Barghols Staci Butler David Davenport Ronald D. Fulkerson William H. Hoch Fred A. Leibrock Todd A. Murray Brenda Reed Wesley G. Smith Tammy Wallace Lynda Barnes Ben Butts Liz Davies Shawn Fulkerson Dan Hoehner Chris Leigh Louise Myers Sherman Reed L. Don Smitherman Lindsey Waller Robert D. Baron Bill Buxton Shannon F. Davies Simone Fulmer Joe Hogsett Meredith Lendawen Margaret K. Myers Christi Reeves Nicole Snapp-Holloway Kevin Walls Leslie V. Batchelor James H. Buxton Gary W. Davis John Funk Robert D. Hoisington John Lennon Carol G. Naifeh Randa Reeves Suzane Snell Kevin M. Walos Brant K. Bates Jim Buxton James F. Davis Tim Gallegly Laura Holkum Jenelle LePoint Ernestine Naifeh Karen Rehrig Sean Snider Micky Walsh SanDee L. Bates Katherine Buxton Kenny Davis Bryan Garrett Don G. Holladay Andrew W. Lester Jacob P. Naifeh Jonathan D. Reiff Jim Snoddy Hilton H. Walters Rachelle Batson Kathy Buxton Kris Davis Kena Garrett Laura L. Holmes Mark Lester Mary K. Naifeh Joseph R. Reinke Elizabeth A. Snowden Jay R. Walters Charles Battle Doug Byford Lonnie Davis James Leo Gaston, Jr. Georginna Holtz Josh Lewis Nick Naifeh Carri A. Remillard Bruce Sparling Joseph Walters Joshua Beaney Nick Byford Steven C. Davis Janna Gau Gary B. Homsey Gideon A. Lincecum Robert N. Naifeh, Jr. Dale Reneau Carrie Sparling Michael L. Walters Judy Beck Becky Cain Jack S. Dawson Mark Gautreaux Stacie K. Hood Bill Lisby Ernest R. Nalagan Sandra S. Reneau Cynthia L. Sparling C. Todd Ward Becky Cain Tim Cain Bill V. Dean, III Cody N. Gayer Glory Hoover Candace Lisle Neel Natarajan Erin Renegar Jeff Sparling Johnny G. Beech Andre Caldwell Bill V. Dean, Jr. Charles E. Geister, III Venita L. Hoover Charles Listen Lane Neal Christopher S. Reser Anthony W. Speck James Warner Jeff R. Beeler Kimberly Caldwell Christie P. Dean Geralyn Geister Henry D. Hoss Brandon P. Long Victor Neal Barry T. Rice Jessica L. Speegle Kimberly Warren Cindy L. Beeney Mary Caldwell Mary Lou Dean Kelly A. George Spencer Housley Heidi J. Long Amy Neathery Douglas A. Rice Lindy Spencer Rick L. Warren Mark Beffort Allen Campbell Mary Megan Dean Lysbeth L. George Mary Houston Laura Long Gregory Neillis George Rice Mark D. Spencer Catherine Watkins Wm. Bell Catherine L. Campbell Ryan Deligans DeeAnn L. Germany Rachael Houston David J. Looby Robert W. Nelson Rick Rice Matt Standard Clyde Watkins James A. Belote James A. Campbell Dianne Joy Dell James Gibbs Mark B. Houts Fernando Lopez Donald B Nevard Gary A. Rife A. Ainslee Stanford II Tim Weathers Mark H. Bennett Robert Campbell Cheryl Denney Jared Giddens David F. Howell Mark Lovelace Drew Neville Richard A. Riggs Crystal Stanley Drew D. Webb Sheila Benson Ross Campbell Sean Denton Lisa D. Giles-Caison James F. Howell Susan B. Loving Ken Newey Jeff Riles R. Gene Stanley Daniel G. Webber, Jr. Nick Bentley Sherry Campbell Darren Derryberry Lindsay Gillaspy Joy Howell Dakota Low Michelle Newman Sylvia Rivera Latricia Steadman James Webster Steven Bentley Jim Canton Larry Derryberry Robert H. Gilliland T. P. Lynn Howell Katherine Loy Tricia Newman Brad L. Roberson Ian Steedman Charles C. Weddle III Patricia Bernhardt Sam Caporal Donald DeSpain Kayce L. Gisinger Guy E. Howie Michael Lusk Angela Nguyen John Robertson Laura Steele Catherine Weimer Howard K. Berry, III Daniel Card Derrick DeWitt Greg D. Givens Howard Howie Silas R. Lyman Brandon S. Nichols Rob F. Robertson Patrick L. Stein Mort Welch Jennifer L. Wester Berry Daniel J. Card Judy Dice Keith F. Givens Janette M. Howie Leslie L. Lynch Cara S. Nicklas Alex Robinson Geren T. Steiner Carmalieta Wells Timothy G. Best Stephanie Carel Jerry Dick John S. Gladd David Hudiburg Makenzie MacMillan Richard Nix Amanda Robinson Leasa M. Stewart Barbara Welsh Mark Bialick J. Christopher Carey Kathy Dick Samuel J. Glover Fred Hudsa Melvin H. Madewell J. Michael Nordin Jeff Robinson Melanie Stickler Phillip G. Whaley David C. Bibens Melinda Carrell Katie Dickey Dearra Godinez Glen D. Huff Brad A. Madore Evelyn Norris Reid Robison John D. Stiner Nathan L. Whatley Kay Bibens Kym Carrier Robin Dinse Joseph K. Goerke Candy Hulsey Michael Maloan Michael J. Novotny Cliff Robnett Sheila Stinson Peter L. Wheeler Mike Bickford Kymala B. Carrier Jodi W. Dishman Adam Goll Carey Hulsey Aharon Manley John Nowakowski Kathleen E. Roduner Amy M. Stipe Warren F. Bickford Daniel V. Carsey John J. Ditmars, Jr. Matthew Goodin Rodney K. Hunsinger Ashley S. Manning D. Michael O’Neil, Jr. Jessica Rogers Mark K. Stonecipher Joe E. White, Jr. Shannon Bickham Joe Carson Steven M. Ditto Jimmy Goodman Brittany Hunt Steven S. Mansell Michael O’Rear Armando Rosell Roger A. Stong William Whitehill Lynn Bilodeau Toni Caruso Heidi Diver John N. Goodman Cheryl P. Hunter Krystal Manwell Richard Ogden Rick Ross Robert Stramski Lyndon W. Whitmire Rhone Bird Larry G. Cassil, Jr. Bryan Dixon, Jr. Randy L. Goodman Mike Hunter Ray Maples Karen N. Ogle Jim Roth N. Martin Stringer Reggie N. Whitten Rick Bisher Greg A. Castro Emily Dixon Sue Goodman J. Roger Hurt Tyler Marco L. Earl Ogletree Timila Rother Larry Sturgill Clinton D. Whitworth Angie Bishop Bonnie S. Catlett Margaret M. Dixon Debbie Goodwin Art Hyde Carin L. Marcussen John Oldfield Mary J. Rowe William H. Sullivan Floyd Don Wicker Kelly Bishop Rachelle Catrow David H. Dobson Kyle Goodwin Dean Imel Robert C. Margo Ryan Oldfield Caroline E. Rozell Ami Swank Terry T. Wiens Robert E. Black Donna M. Cecrle Madeline Dobson Jan Goodyear Mari Imel Daniel P. Markoff Stephen L. Olson Michael Rubenstein Kyle Sweet John Wiggins Mitchell D. Blackburn James M. Chaney Debbie Dodson Robert Todd Goolsby David Jacobson Perry T. Marrs, Jr. Martin G. Ozinga Melanie W. Rughani Jake Swift Susan Wiggins Connie J. Blanchard Ashley Chartney David Donchin Bryan Gordan Eric A. Jacocks John Martin Colbie Padilla Anton Rupert Lorna Swinney Melissa Wilkinson Harry J. Blanchard Tracey Chavez Kevin R. Donelson Cara Gorden Pam Jenkins Mack K. Martin Tiffany Padilla Kurt M. Rupert A. Kyle Swisher Glen E. Williams Hilarie Blaney Adam W. Childers Bradley K. Donnell Kevin D. Gordon Travis Jett Matthew D. Martin Armand Paliotta Andrea Rust Sally Tague Kimberly Williams Jap W. Blankenship Anthony T. Childers Cary Dooley Velinda Goss Bill Johnson Stephanie Martinez John A. Papahronis Gary Rutherford Virgil Tague Lynda Williams Denise Block Gary S. Chilton Layla J. Dougherty Tony Gould Brent Johnson Tracey D. Martinez Renee Parent Jason A. Ryan Albert L. Tait, Jr. Paula Williams Bob Bloyd Shu Cho Stefan Doughty Carolyn Sue Grace Bryce Johnson Paige Masters Richard Parr Patrick C. Ryan Evan Talley Kenneth Williamson Bonnie Blumert Cathy M. Christensen Christie Douglas Jody Graham Dana Johnson April Mastin Sarah Lee Gossett Parrish Patrick M. Ryan Paula Tarbutton Kim Williamson Krista Boatright Gail Christensen Kelly Dragoo Elizabeth Gray Gennie Johnson Mark A. Mathews Thomas A. Paruolo Philip D. Ryan Jeff Tate Brandon Powell Wilson Billy Bock J. Clay Christensen Linda Dresselhaus Gerald P. Green J. Logan Johnson Malinda S. Matlock Diana Pate Julia Sabanos Darren M. Tawwater Michelle Witham Joseph H. Bocock Wade Christensen Russell Dull Pam Green Robert M. Johnson Kieran D. Maye, Jr. J. Blake Patton Alix L. Samara Larry A. Tawwater Nelson L. Bolen Jennifer K. Christian Scott Dull Shelby Green Scott Johnson Kortny Mayfield Barbara Payne Megan Sampson Barbara Taylor Brian Wolf Teresa Boles Mark D. Christiansen Sidney G. Dunagan Kara Gridley Sharon L. Johnson J. Mark McAlester Megan Paysnoe Sid Sanders Carlton Taylor Thomas G. Wolfe Timothy J. Bomhoff Brandon Clabes Judy Dunn Ginger Griffin Stephen R. Johnson Karla McAlister Jackie Pearson Starla Sanders Marvin Taylor Genie Wood Barbara J. Bonacci Allen Clark Travis Dunn Jay Griffin Steven J. Johnson Lloyd G. McAlister Trevor Pemberton Don Sanderson Galia Tennison Sherry Wood Clay P. Booth B. Taylor Clark Gerald E. Durbin, II John J. Griffin, Jr. David Craig Johnston William C. McAlister Lu Pender Jason A. Sansone Kathryn D. Terry Megan Woodard Ann L. Bosley Charles L. Clark E. Talitha Ebrite Nancy J. Griffin Phillip M. Johnston Kera McBride Allie V. Peoples, III John Saugstad Sophia Thach Carol M. Woods Monty Bottom Jane Clark Clark Edelen Mark S. Grossman Cody B. Jones Stephen McCaleb David E. Pepper Benjamin Saunier Mike Thift Harry A. Woods, Jr. Mike Bower Steven Clark Emmanuel E. Edem Eric J. Groves Dan K. Jones Robert McCampbell Nicole Perinovic Cindy Schaus Michael Thom Michael Woodson Bill Bowlby Edward J. Clarke David W. Edmonds Tom Gruber Doneen Douglas Jones Gary McClanahan Michael R. Perri Stephen Schaus Maranda Thomas Wes Woodward Kristopher Bowling Lane M. Clausson William A. Edmondson Robert G. Gum Jake Jones, III Michael McClintock Jessica Perry Angela Scheets Dan Thompson C. Russell Woody Andrew M. Bowman Jan Clifton Joe Edwards Andy Gunn Matt Jones Laura McConnell-Corbyn Brenda Peterson Sarah J. Schumaker David P. Thompson J. Tyler Worten Chris Box Sarah Clutts Joshua Edwards Alex Haley Laurie D. Judy T. J. McCord Stephen Peterson G. Blaine Schwabe III John M. Thompson Chancee Wyatt Irven Box J. Steven Coates Marc Edwards Adam Hall James D. Kallstrom Cheryl McDaniel Kiran A. Phansalkar Nedra Schwoerke R. Scott Thompson Veronica Zollo Christopher Boyer Andy Coats Nicholle Jones Edwards Charise Hall Dennis Kaufman Iris McDonald Hannah Phillips James A. Scimeca Lindsey Thomsen Ray Zschiesche Terri Bradburry Elaine Coe Sally Ketchum Edwards Joel Hall Wood Kaufman Jon McGhee Michael W. Phillips Mary Scott Darlene S. Thornton 4 BRIEFCASE • March 2014

And the Court Said An Olio of Court Thinking

By Jim Croy possibly an immodest way, as this picture have sexual intercourse with her, the first criminal jurisprudence. represents, could have nothing to do with the time in March, 1911, while they were going In our opinion, the defendant, being the March 10, 1914 truth or untruthfulness of what such person to her home from church. That this conduct author of the child’s defilement, is precluded One Hundred Years Ago may testify to upon the witness stand upon a was repeated several times, always on the from taking advantage of his previous [Excerpted from Castleberry v State, 1914 matter disconnected with such act. And the way from church to her home. The last act wrongdoing to avoid the application of the OK CR 19, 139 P. 132.] admission of such testimony, and the exhib- occurred May 25, 1911. As a result she statute. Plaintiff in error was tried and convicted it of said indecent picture as evidence, as became pregnant. That she informed the in the district court of Tillman county upon was allowed in this case, answered no fairly defendant, and he said, “I will fix that up all March 7, 1939 an indictment returned by the grand jury on useful purpose on the trial. It only tended to right in a few days,” and that they would go Seventy-Five Years Ago the 24th day of January, 1912. The indict- embarrass the witness by exposing an act to Frederick, the county seat and get mar- [Excerpted from Brenner v. Stavinsky, 1939 ment charged “that on the _____ day of May done by her in the infirmity of human ried. That soon thereafter he left the state. OK 131, 88 P.2d 613.] of A.D. 1911, at and within said county, and nature, amid the temptations that beset life, That her child was born January 28, 1912. The parties to the action are competitors within the jurisdiction of said court, one and the obvious purpose and the undoubted That she never had intercourse with any man in the tailoring business in the city of Tulsa. Tom Castleberry, Jr., then and there being, effect of such course of examination in this other than the defendant; that she consented The defendants prior to their entry into the did then and there unlawfully, willfully, and case were to degrade and injure the witness to have intercourse with the defendant competitive field were employees of the feloniously commit the crime of rape upon in the estimation of the jury to injuriously because he promised to marry her, and she plaintiff in the same business. the person and body of one Willie Mathews, affect their verdict against the defendant.” loved him; that she was unmarried, and not The question for determination is whether by then and there having carnal sexual inter- The evidence, if inadmissible, was, the wife of the defendant. There are in evi- the plaintiff may restrain by injunction the course with her, the said Willie Mathews, beyond doubt, highly prejudicial to the dence many facts and circumstances of a defendants’ use of a list of the plaintiff’s cus- who was then and there a female of previous defendant. On the other hand, the evidence corroborative character which materially tomers compiled by them while they were in chaste character, and under the age of eight- of the witness Ruth Brady, if believed, was strengthen the evidence of the prosecutrix as plaintiff’s employment. een years, and the said Willie Mathews then very damaging to the state. to the principal fact about which she testi- The question is one of first impression in and there not being the wife of the said It is well settled that in a criminal case a fies. We have given the evidence careful this jurisdiction, although it has been a sub- defendant, Tom Castleberry, Jr., contrary witness on cross-examination may be ques- consideration, and our conclusion is that the ject of frequent consideration in other juris- to,” etc. On the 14th day of June, 1912, in tioned as to his relations and feelings of evidence is ample to sustain the verdict, and dictions... accordance with the verdict of the jury, the friendliness or hostility towards the defen- that the controversy of fact was peculiarly The plaintiff, according to his amended court sentenced the defendant to imprison- dant. one for the jury to determine. petition, has been engaged in the tailoring ment in the penitentiary for the term of five * * * It is contended, however, that because the business in the city of Tulsa since 1919. He years. To reverse the judgment an appeal The doctrine that a witness may be cross- prosecutrix testified that the defendant had asserts that only about 10 per cent. of the was taken by filing in this court, on examined as to matters going to credibility sexual relations with her prior to “the _____ population of any community have their November 29, 1912, a petition in error with may well be regarded as an exception to the day of May, 1911, the time alleged in the clothes made to order. By strict and careful case-made. rule that cross-examination is to be confined indictment; that she was not on the _____ attention to business and by effort and initia- * * * to matters touched on in the examination in day of May, 1911, or at any time after the tive on his own part, he has established a tai- The next assignment is that the court erred chief, and the limits within which either first act of sexual intercourse with the defen- loring business in Tulsa and has a “clientele” in admitting the testimony of Ruth Brady, party may cross-examine upon matters not dant, a female of previous chaste and virtu- of about 1,500 persons who regularly upon her cross-examination, and in permit- strictly relevant, but which affect the credi- ous character; therefore he cannot be con- patronize him. He employs about 20 persons ting the state to introduce in evidence a post- bility of the witness, is largely within the dis- victed of any subsequent act... This con- to work upon the various garments ordered card photograph of Ruth Brady and the cretion of the trial court, but the privilege of tention presents the question to this court for by his customers. In 1934, he employed the defendant upon the cross-examination of degrading a witness by proof of disreputable the first time, and it becomes necessary two defendants, who were then strangers in said witness. Ruth, as a witness for the conduct, not connected with the facts on therefore to determine whether a man may Tulsa. The duties of their employment defendant, had testified that in February, trial, is one so liable to abuse that it should gratify his lust and passion by persuading a required them to cut or tailor portions of gar- 1912, she went to her home and had a con- be closely guarded and allowed only upon chaste child to permit him to have sexual ments ordered by customers. They worked versation with the prosecutrix, and asked her the exercise of sound judicial discretion, and intercourse with her, and afterwards repeat in the “manufacturing” portion of plaintiff’s who she thought her baby boy favored, and then only to affect the credibility of the wit- the act, and then, in a prosecution for statu- establishment and did not come in personal the prosecutrix said “that she didn’t know, ness. tory rape, to take advantage of his previous contact with the customers. However, each but that she had a pretty good idea”; that she The witness, Ruth Brady, testified on her defilement of the child to avoid the applica- garment as it progressed through the hands then asked her who was the father of her cross-examination that she was the sweet- tion of the statute. The testimony of the pros- of the workmen had the name of the cus- child, and that she said “she didn’t know heart of the defendant. Here we have a very ecutrix tended to prove several acts consti- tomer affixed thereto for identification pur- who the father of her child was.” On cross- powerful motive for testimony in his behalf. tuting the crime charged. The defendant did poses. Thus the defendants had access to, examination she stated that the defendant She identified and admitted the photograph not move or request the court to require the and an opportunity to become familiar with, was her sweetheart. The state produced a which shows that witness, in the presence of state to elect on which act it would rely. The the identity of plaintiff’s customers, and photograph taken by Jack Kendrick, another a third person, permitted the defendant to court properly instructed the jury, in effect, according to the plaintiff during the period witness for the defendant, and extended it to take indecent liberties with her person. We that if they found from the evidence beyond of their employment they compiled a list of the witness; her further examination, taken think the entire evidence upon the cross- a reasonable doubt that the defendant, with- such customers. from the transcript, being as follows: examination, including the photograph, was in the county and state, on the _____ day of In 1937, the defendants ceased to be “Q. Whose picture is that? A. It’s ours; properly admitted, as showing the nature of May, 1911, or at any time within three years employees of the plaintiff and established a Tom and me. Q. Yourself and Tom? A. Yes; the relations existing between the witness prior to the finding of the indictment, did competitive business. They immediately don’t it look like us? Q. This shows Tom and and the defendant, and that their relations have sexual intercourse with the prosecutrix, began to use the list of plaintiff’s customers you, and Tom has got his hands upon your were such as would create a bias on the part and that she was at the time under eighteen and circularize the names thereon with leg, and your dress pulled up, and his hands of the witness that might reasonably be sup- years of age and of previous chaste and vir- advertising matter and otherwise to solicit up there on your knee, hasn’t he? (Objection posed to affect her credibility, and the fact tuous character, then they should find the business from them advertising in substance that the same is not proper cross-examina- that such evidence would probably prejudice defendant guilty of rape in the second that they were formerly employed by the tion. Overruled and exception allowed.) Q. the defendant in the minds of the jury did not degree. Our Code provides that an indict- plaintiff, that they did the designing, cutting, He has got his hands up there on your legs? affect its admissibility. ment or information must charge but one and manufacturing for him, and that they A. Yes, sir. Q. You was out riding with Tom * * * offense. Rev. Laws 1910, sec. 5741. were in a position to furnish the same gar- and permitted him to do you that way? A. Finally, under several assignments it is It is a general rule that when the law per- ments with the same quality of workman- Yes, sir. Q. That is a true picture of you and contended that the verdict is contrary to the mits but one offense to be set out in the accu- ship and material as those furnished by the Tom? A. Yes, sir.” evidence. The prosecutrix testified: That she sation, the state will be compelled to choose plaintiff at a lower price. She further stated that the picture was was born on the 30th day of August, 1894, the transactions on which it will ask a ver- The plaintiff sought, as stated in the taken by Jack Kendrick about three months and had lived with her parents at Davidson, dict. 1 Bish. New Crim. Proc., par. 459. prayer of his petition, to prevent by injunc- before; that she left Hobart, her home, with in Tillman county, for about three years, and In this class of cases, however, we think tion the use of the list of customers or any the defendant, and went to see the pros- the defendant had gone with her off and on the question of election is properly a matter information concerning such customers ecutrix at Davidson, because she just want- for about three years; that during the months within the judicial discretion of the trial obtained by the defendants while in the ed to see if the baby favored Tom. The argu- of March, April, and May, 1911, he was with court. We think the contention is not well employment of the plaintiff. He also ment is made that: her about three times a week. That he prom- taken. Such is not the law, and such a doc- “A person having their picture taken in ised to marry her, and she permitted him to trine is without support in the principles of See OLIO, PAGE 20 www.okcbar.org • March 2014 • BRIEFCASE 5

Irish Memories for Events Seminars& St. Patrick’s Day MARCH 24, 2014 OCBA Night at The Thunder v. Nuggets filled the Irish dream. His death shattered as sanctuaries of fun and life. In a house By Michael Duggan 7 p.m., Chesapeake Arena Padraic of Ireland. He would understand. it.” where my siblings and I rarely brought a So might our editor. Over the years he has I was careless and thirteen that day. We friend or a guest into the home, Sundays MARCH 27-30, 2014 lived in Arlington, Virginia, across the were different. There were always twelve, given me license each March to hijack a few 2014 Las Vegas CLE Seminar pages of this always amazing and overreach- Potomac from the Capital. Kennedy’s elec- fourteen or more crammed around my ing “association rag” for what purports to be tion had affected my family directly. On the Mother’s prize, a huge walnut dining room Bellagio Hotel & Casino a Saint Patrick’s Day piece. I have repaid heels of the Republican triumph in 1952, my table, that on Sundays, with all four leaves, Las Vegas, Nevada this grace by maybe a couple of pieces on father, a Postal Inspector and FDR nudged out into the living room. Somebody the day and the Saint himself. But mostly it’s Democrat, had been high enough in the hier- was always home from college. It was JUNE 20, 2014 been parade articles, downright satirical archy of the “non-political” Post Office to almost a rule that they had to bring anyone OCBA Awards Luncheon pieces and forays into Irish history and good have been banished from Postal home who would otherwise be languishing 12 Noon, The Towers Hotel old “Easter Rising” Irish nationalism. I Headquarters in Washington to the wilds of alone in some dorm. My mother fried claim the right by the spelling of my sur- chasing mail fraud in Des Moines. Within a enough chicken for an army, or made a roast JUNE 23, 2014 name and the fact that he lets me get away month of Kennedy’s election he had been the size of a Buick. It was loud, constant, 2014 OCBA Golf Tournament with it. appointed Deputy Chief Postal Inspector in good-natured but fierce argument, about Gaillardia Golf Club Celebration and grief have never been D.C. Our family soon followed. politics. Always politics. The only out of mutually exclusive in the Irish heart. A For the first time in my memory, there bounds was to say anything bad about FDR SEPTEMBER 12, 2014 Dublin schoolteacher once told me how, as a was some extra money to go around after the or the New Deal. But who would even think 2014 Annual Dinner & Dance bills were paid. I actually got a brand new such apostasy anyway? schoolgirl, she and a fright-giggling com- Skirvin Hotel panion, having spotted the black wreath on bike instead of my brother Bob’s hand-me- During the Kennedy years, our little the door, would summon up the courage to down (which had been my brother Bill’s Sunday dinners got even bigger, spilling into dash up and knock. They would look down before). I had an allowance and when a newly-bought outside barbecue contrap- and fold their hands as in prayer as the door clothes were outgrown, I got new ones. tion, and filling the living room with “TV opened. The older person would lead them Even better were the intangibles. trays.” It was a grand and glorious time to be through the darkened house upstairs to the When I heard Judy Collins speak at OCU alive, we thought. bedroom where the decedent was laid out in some years back, she spoke in passing of the Writing these words, and reading all the her bed. Amidst the soft light and sweetish “Irish virus,” the alcoholism that had taken much better prose that came out of some of smell of beeswax candles, they would kneel huge and horrible bites out of her own life. our best papers and magazines last at the foot of the bed and pretend to say a Suffice it to say that the same virus lurked November, on the fiftieth anniversary of prayer. Then they would retrace their steps. through my own large Irish family, wreaking JFK’s assassination, it is incomprehensible Once outside they would race around the its unique and often silent forms of savagery. that the vast majority of the readers of that nearest corner and compare notes on their In my mind’s eye it is a mist, a forest mist of prose will never “know what it was like.” It close encounter with a corpse, in a breath- Celtic folklore, that subsumed the air in the was heart wrenching to see the event less and wide-eyed celebration of an early family home; a toxic mist of pure and crunched into genre TV and radio pieces conquest of fear of death. volatile ethyl alcohol, that in a spark would devoid of any true emotional content, PERSONAL INJURY The tradition persists today in most Irish flash an otherwise normal world into a ver- though crammed with the usual sound bytes. towns and cities. The black wreath is an sion of Angela’s Ashes (Angela’s Ashes, Just another President. open invitation to friends and strangers Frank McCourt’s 1996 Pulitzer Prize win- And does one hear Padraic, perhaps scold- WORKERS’ alike. All are welcome to share and lessen ning memoir, remains the definitive account ing that on this day, his day, we must cele- COMPENSATION our common mortality. An “Irish wake,” of what I would dub an Irish alcoholism of brate Kennedy’s Irishness? Perhaps clamor- thanks no doubt to Joyce’s widely acclaimed the apocalyptic variety). ing for the case to be made that he was our and equally widely unread Finnegan’s Wake, Jack Kennedy’s paternal great-grandfa- first Irish president? Well, for this son of SOCIAL SECURITY has come to be synonymous with a laughter- ther emigrated to Boston in 1849. His mater- Erin at least he was—and he wasn’t. filled, if not drunken, celebration in the pres- nal great-grandfather entered Boston some DISABILITY ence of the dearly departed. One thinks, too, years earlier, during the great Irish potato The Bus to a scene in that author’s other book that no famine. Down to the marriage of his parents Growing up within “shoutin’ distance” of one has ever read cover to cover, Ulysses. In Joe and Rose, his genealogy has been docu- our Nation’s Capital in the sixties was won- a sidebar to a scene in a tavern, three maids mented and re-documented, and no doubt derful in many ways. Long before any at a table are so overwhelmed with a joke has ever been cast on his pure Irish lineage. thoughts of terrorism or metal detectors, that they gasp, laugh past sounds to tears, I have read (imagine) more than my share of everything seemed accessible. As teenagers, until one mutters as she finally starts to material on Kennedy over the years, by we would have midnight races up the steps recover, wiping her eyes, “O wept!” A scholars admiring and revisionist, family of the Washington Monument. As a pre-high strange Irish phrase, that one still hears friends and enemies, dirt mongers and syco- school little kid, with my little buddies, we today, to praise a really good joke. phants, academicians and nut jobs, and an had the added perks of not only being So I claim cultural permission to use amazing throng rabid over any morsel of unstoppable brats, but invisible brats as well. JOHNSON & BISCONE pages devoted to the celebration of St. scandal in the family tree. Interestingly, Who notices a couple of twelve-year-olds Patrick’s Day for some thoughts and memo- though there are certainly allegations of who seem to know where they’re going? We WILL GLADLY REVIEW snuck in after hours and prowled the Capitol ries, public and personal, of the loss of the womanizing, dirty politics, Joe Kennedy as YOUR REFERRALS. most important Irish American in my life- rum runner for the mob during prohibition, rotunda in the dark. We rode the access-only time, John Fitzgerald Kennedy. and much, much more, I have not found one secret subway that ran from the House and OKLAHOMA’S TOP RATED LAWYERS Senate office buildings during workdays. “It was the end of the world,’’ says single report of any alcoholism in this huge PERSONAL INJURY Our magic carpet to all this was the bus. Jack Connors. “… Kennedy made you extended Irish family. LEXISNEXIS© MARTINDALE HUBBELL© Kid’s fare was fifteen cents. We would stop think everything and anything was pos- So it seemed to be when Jack Kennedy’s 2012, 2013 sible. The Irish had never seen anything rise to President elevated my family to a two at a transfer station at the Virginia end of like him. He wasn’t shanty, he wasn’t story brick home in Arlington, a sedate Key Bridge, get a transfer and either stay on lace-curtain, he wasn’t two-toilet, he Southern-feeling suburb that was certainly the bus or get on another one, cross the 1-800-426-4563 was crystal — Waterford crystal. And upscale for us, but hardly fancy. In those Potomac, and from there-anywhere. Much then it shattered. Nothing was ever the magical years of the Kennedy presidency, it later I learned of the other reason for the bus 405-232-6490 same again.’’ was as if the fresh new wind in Washington transfer station at the gates of the Great 105 N HUDSON, SUITE 100 This is from a brilliant piece written blew away the miasmatic mist that had long Commonwealth of Virginia. In November November 23rd last year in The Boston lingered in our own house. 1963, almost a year before the Civil Rights HIGHTOWER BUILDING Globe by Pulitzer Prize winner David M. Even in worse times, Sunday dinners had OKLAHOMA CITY, OK 73102 Shribman. Its title says it all: “His life ful- always stood out in my childhood memories See IRISH, PAGE 8 6 BRIEFCASE • March 2014 The Protective Effect of Exercise

By Warren Jones would achieve 17.5 met hours of exercise I have on many occasions (in these for that week. Briefcase pages and otherwise) sung the The researchers compared the incidence praises of exercise. More often than not, I of kidney cancer among the 90,000 subjects tout exercise primarily as a body weight who achieved less than 7.5 met hours per management tool. The newest issue of week against those who achieved at least 7.5 Medicine and Science in Sports and met hours and against those who achieved Exercise, the official journal of the more than 12.5 met hours and against those American College of who achieved more than 25.2 met hours per Sports Medicine, contains week. Again, the exercise a study reflecting the pro- measured in the study was tective effect of exercise in either walking or running, and of itself, i.e., regard- but I firmly believe that less of the impact of exer- other forms of aerobic cise on body weight. exercise, met for met, Greater levels of physi- would have equal effect. cal activity are associated Here are some met levels with lower blood pressure of some familiar activities: and lower fasting glucose, walking at 2 mph elicits and both of those would be 2.8 mets; 2.5 mph 3.0 expected to reduce the risk mets; 3.0 mph 3.5 mets; of kidney cancer. The 3.5 mph 4.3 mets; 4.0 mph researchers in the study 5.0 mets; 4.5 mph 7 mets; not achieve that level of exercise. wanted to identify whether 5.0 mph 8.3 mets; biking at all else fails, if you know the number of the risk of kidney cancer is 9.4 mph elicits 5.8 mets; calories you’ve burned per minute in your Another interesting finding in the study reduced in relation to biking at 10 to 12 mph 6.8 exercise bout, you can calculate your meta- revealed the effect of taking blood pressure exercise energy expendi- Warren Jones Mets; 12 to 14 mph eight bolic equivalent. Multiply your body weight medication or taking diabetes medication on ture (by either walking or mets;14 to 16 mph 10 mets; by .0175, and divide your cal burn per the likelihood of incident kidney cancer. running) in more than 90,000 men and 16 to 19 mph 12 mets; golfing - walking and minute by that number, and that will be your One takes blood pressure medication and/or women over a seven-year period. carrying clubs - elicits 4.3 mets; running at met level. To then determine your metabolic diabetes medication, of course, to control (or “Met hours” of exercise were first deter- 4 mph will net 6 mets; 5 mph 8.3 mets; 6 hours of exercise, multiply your met level lower) one’s blood pressure and one’s blood mined. Met hours are determined by the mph 9.8 Mets; 7 mph 11 mets; 8 mph 11.8 times hours, e.g., an 8 met level exercise glucose, but against those men and women combination of exercise intensity and exer- mets; 9 mph 12.8 mets; and resistance train- bout performed for 45 minutes would be 8 x not needing such medications, those taking cise duration. For example, one performing ing at a vigorous level will net 6.0 mets. .75=6 met hours of exercise. blood pressure meds and those taking dia- an exercise that is equivalent to a five met I’ve noticed that many of the different What were the results of the study? betes meds were 2.4 times and 4.1 times, level for a duration 30 minutes will have forms of aerobic exercise equipment (tread- Whether walking or running (it did not mat- respectively, to contract kidney cancer. All performed 2.5 met hours of exercise. If one mills, ellipticals, bicycles, etc.) likewise dis- ter), the greater the number of met hours of the more reason to put in your exercise if were to do that seven days a week, one play the met level at which one exercises. If exercise per week, the less likely an inci- you are on one or both of those meds. That dence of kidney cancer. Against those indi- is, one taking medication but getting 7.5 met viduals who achieved fewer than 7.5 met hours of exercise per week has a 57 percent hours of exercise per week, those who lower risk than one taking meds and not get- achieved at least 7.5 met hours of exercise ting in the exercise. had a 57 percent reduced risk, those who By the way, my daughter gave to me a achieved more than 12.6 met hours had a 65 Christmas present a couple years ago that by Inwood Office Furniture percent reduced risk, and those who Ergo has really helped me get up and move: a achieved more than 25.2 met hours had a Fitbit One. It is basically a fancy pedometer, 71.2 percent reduced risk. but I assure you that my wearing it causes Now, exercise, performed at these levels, me to put in more exercise than I was doing does not guarantee that one won’t get kidney cancer, but it clearly reduces the likelihood. before she gave it to me. You might try it, or And while the numbers indicate that more is the like, out. better, a significant protective effect is apparently available at merely 7.5 metabolic hours of exercise per week. Achieving only Warren E. Jones, JD, HFS, CSCS, CEQ, is an 7.5 metabolic hours of exercise per week is American College of Sports Medicine (ACSM) a piece of cake. Health Fitness Specialist, a National Strength The above statistics are after adjustment and Conditioning Association Certified Strength for body mass index. That is, Mr. Smith and and Conditioning Specialist, and a holder of an Mr. Jones each have a body mass index of ACSM Certificate of Enhanced Qualification. 30, but Mr. Smith, who exercises 7.5 meta- His clients range from competitive athletes to the bolic hours per week, enjoys the protective morbidly obese. He can be reached at effect unavailable to Mr. Jones, who does [email protected] or at 405-812-7612.

inwood OFFICE InVIRONMENTS a new approach to the sit/stand work environment. www.okcbar.org • March 2014 • BRIEFCASE 7 iBar Definitive Playlists

By Chris Deason and Judge Don Deason When we were in Aspen last month (see related story in April), the subject of the late John Become a Denver and his music came up, triggering a fond memory of Don’s younger days. In the summer of 1975, Don was working at Harrah’s casino in Lake Tahoe. As with most casinos, various entertainers would have a show booked at the casino for a week or so at a time, and tickets would be available for employees at a reduced rate for the late–late show. The big Paralegal event of that summer was when Frank Sinatra and John Denver teamed up for a five day run, and all tickets were sold out almost immediately, leaving none for Harrah’s disappointed employees. John Denver got word of that, and immediately assembled a group of his musi- Enroll in the Summer cal friends and put on a free show just for Harrah’s employees one night at 2 a.m., after he had already appeared in two or three earlier shows that evening with Old Blue Eyes. It was fantastic. Though only being a lukewarm fan of his music, Don has always thought of John Legal Assistant Education Program. Denver as a stand-up guy because of that one night. In November of 2011, we went to the Civic Center Music Hall to hear Paul Simon in con- cert. When we arrived, an usher told us that there was a problem with the sound system and Enrollment deadline: May 9, 2014 that the show would be delayed. Within a couple of minutes, Paul Simon came out, guitar in hand, accompanied by a couple of members of his warm-up band, the Punch Brothers. They set up in the lobby, not ten feet from all the concert goers, and launched into about a 45 • No Prepayment Contracts minute acoustic set of his classic songs. The high point was when everyone in the lobby, and all of those looking over the railings of the highest balconies, sang along with Simon to the • Approved by the American Bar Association refrain of The Boxer. It gave us goose bumps. Eventually, Simon told the audience that the • Saturday Classes problem was fixed, and he would see us inside. When he took the stage, he apologized for the late start and promised to play a little extra to make up for it. These days we are bombarded with stories about musical superstars with their entourages, University of Oklahoma Law Center their extravagant contract demands, and egos run wild. We can’t think of very many musi- cians who would do what John Denver and Paul Simon did, purely out of joy and their love Department of Legal Assistant Education for music. 300 Timberdell Road, Room 3014, Norman, Oklahoma 73019 Marc Edwards and Nikki Jones Edwards (and Sam): Nikki believes her lucky break came when Marc failed to excel in architecture school so he For more information: settled for a law degree from the University of Tulsa College of Law in 1983. A director at Phillips Murrah, Marc’s practice is in administrative law with a focus on public utility and (405) 325-1726 or [email protected] public pension systems. Due to the unique complexities of the cases, Nikki fondly calls Marc “the janitor” because he cleans up after clients like George Clooney’s character in Michael Clayton. Nikki, who graduated from OU College of Law in 1997, met Marc while she was Department of Legal Assistant Education an intern in the labor law realm. She was assigned the important task of picking up a client’s large check from Marc who had lost an appeal. Their eyes met. That was all it took. Marc and Nikki dated f-o-r-e-v-e-r and we all thought they should close the deal already. Turns out OU Law Center they were too busy traveling, dining, fly fishing, sipping wine and attending concerts per- formed by the likes of Paul McCartney and Jerry Jeff Walker (not all at the same time). Nikki is now of counsel at Phillips Murrah, having practiced primarily family law for most of her career. They finally married in 2005, and have a five-year-old son, Sam, who brings them much joy. Marc coaches Sam in T-ball and basketball. Nikki is an enthusiastic sideline mom. Look out! She was a cheerleader for the Chickasha Chicks. Music has always been important to both Marc and Nikki. Marc won a contest on a local radio station while in high school by “naming” America’s horse with no name “Richard Milhorse Nixon.” Nikki’s mother was a lovely woman who exposed her daughter to an eclectic mix of music. Their exploits included a first mother/daughter concert to see Cheap Trick and Aldo Nova when Nikki was in the sixth grade. Nikki repaid her mother with a sur- prise sixtieth birthday trip to San Francisco to see Van Morrison. The Edwards listen to music on satellite radio and Pandora. Sam prefers his iPad.

Marc’s all-time favorite songs: Song Title Artist The Weight The Band All Things Must Pass George Harrison Indian Summer Poco All songs recorded by the Beatles Pissin’ In The Wind (guilty pleasure) Jerry Jeff Walker

Nikki’s favorites and what she’s listening to now: Song Title Artist Caravan Van Morrison Wild Horses Rolling Stones What A Wonderful World Louis Armstrong Here Comes My Girl Tom Petty & The Heartbreakers Hold On Alabama Shakes Holding On For Life Broken Bells Ain’t No Mountain High Enough Marvin Gaye (guilty pleasure)

Sam’s all-time favorite songs: Song Title Artist You Are My Sunshine Sam Edwards What Does The Fox Say Alvin (of The Chipmunks) YMCA From Despicable Me 2 8 BRIEFCASE • March 2014

IRISH from PAGE 5 ming. There he never misses a practice, ty year run as state senator, Ward boss, sev- wrenches the hell out of his frail skinny eral time Mayor of Boston and one term Act became federal law, buses in Virginia body and wins. served as U.S. Congressman. were segregated. There was a yellow line In the face of all this, Jack was utterly That Joe only used his inheritance as a near the rear door of the bus. When the bus stoic. He never complained about his pain or goad to quintuple and quintuple again the would cross into Virginia, any “negroes” his illnesses. Much is made of this as a family wealth; that the ultimate marriage of would have to stand up and retreat to the Kennedy trait. I humbly submit that it is an wealth and political power in Joe and Rose back of the bus. I only remember seeing the Irish trait. It just doesn’t work. Irish mothers only made them maniacal in imparting com- yellow line, and being told its meaning, as a don’t buy it. (This is the real reason why so petitiveness to their children (“Kennedys junior or senior in high school, when, pre- many Irish American men marry Italian win,” was the family mantra); these are key sumably its purpose had obsolesced. In my women—but that is a story for another to understanding Jack Kennedy and the years of pre-adolescent “freedom,” I don’t time.) breadth of his triumph as President. even remember seeing it. I never had to battle illnesses growing up, For Joe Kennedy and his family, there was The hard fact was that the District of but I completely empathize with Jack’s bat- only one way-up. Mai tais on a beach was Columbia was a rigidly segregated city, with tles with brother Joe. Bobby recalled that he never a thought, less an option. What might some of the meanest ghettoes in the nation. would run upstairs and hide whenever his seem an aberration is actually painfully ordi- In the late spring of my senior year in high brothers fought. It was always that scary. nary. Exactly like every other Boston school, during the riots following Martin Once when Jack had challenged Joe to a Irishman, they wanted to be American. “I Luther King’s assassination, many of the bike race, after more than doubling the dis- was born here. My children were born here. neighborhoods through which my D.C. bus tance and, of course, still losing, Jack “gave What the hell do I have to do to be an rides gamboled, the F street corridor, neigh- up,” only to turn around and smash his bike American?” Joe Kennedy railed. Joe borhoods around East Capitol Street, large head-on into Joe’s, earning himself twenty- Kennedy never got over his bitterness, even sections off North Capitol, burned to the eight stitches to close the gash in his arm. when Jack won the Presidential election, ground while looters were shot dead by As youngest of five male Irish boys, I can seeing it as merely the long overdue triumph police and national guardsmen. freely testify that such fights make bar fights over Boston’s Brahmins and America’s anti- (been there) and especially refereed school Statue of John F. Kennedy Catholic, anti-Irish prejudices. The Skinny Kid who was always sick “fights” (wrestling-briefly) seem like what was bloodier, and persisted longer, than sim- Almost without exception, Jack If you haven’t guessed that, at least in my they are: play. It is not so much the damage ilar struggles in the other big cities, New Kennedy’s many teachers’ comments about idealized memory, there are some striking (though that can be considerable) as it is the York or Chicago. “I.N.N.A.” (Irish need not him included these two points: 1) They parallels between my own Irish family mind game. One pits ones soul, one’s entire apply), was not a want ad tag from the nine- could not understand his mediocre grades upbringing, and that of John Fitzgerald being, in a fight with no rules. The endgame teenth century in Boston. It persisted into since he was obviously very bright; but 2) Kennedy in his, thirty years’ earlier, then is utter personal humiliation. Whoever Jack Kennedy’s adult life. The most they admired his independence of thought you haven’t been paying attention. The coined the term “brotherly love,” was either “vicious” slums of the nation were the Irish and ability to explain it without rancor. Kennedy family dinners are legend. The not Irish, or one with a sense of irony exqui- slums of Boston. The Ku Kux Klan Jack’s father served as America’s pre-war Kennedy family was fiercely competitive, as site even beyond the Irish patent on the term. remained bitterly anti-Catholic and anti- ambassador to Britain. While his father’s was mine. Jack’s chief rival was his older The reverse side of the coin, which I see Irish, and was a national presence well into mouth and pacifism were leading him to his brother Joe. This was a mismatch in every in Jack’s later countless acts of personal and the depression. eventual unceremonious recall, Jack was way. He was a year older, heavier, healthier, public heroism, is that, if you are used to get- This was the irony. Here was a family of using his father’s influence to get him into stronger, more athletic, and always won ting your ass kicked, and yet always jump up rich kids. In Jack’s own words, “I have no all kinds of dangerous and invaluable every athletic and academic prize for which to fight some more, nothing really intimi- firsthand knowledge of the depression. My European places, such as Nazi-occupied he competed, at the prestigious prep school dates you. In my humble experience, it was family had one of the great fortunes of the slave work factories. He turned his whirl- Choate and at Harvard. Jack was skinny and a great asset when litigating at Legal Aid. world and it was worth more than ever then. wind tour into a 164-page Harvard thesis; sickly. Preparing for litigation with a silk stocking We had bigger houses, more servants, we which then quickly morphed into his first Sickly? This kid could have been the attorney representing a large insurance com- traveled more… I really did not learn about book, a runaway bestseller, Why England poster child for sick. At three he had scarlet pany against a scruffy “weak” indigent was the depression until I read about it at Slept. fever so severe that the doctors gave him up always a battle to the death for me, and I just Harvard.” Talk about the elder Bush being When Jack ran for President, he would for dead, workaholic Joe Sr. took two weeks couldn’t wait to get in the ring. born with “a silver spoon in his mouth.” He honor all the Irish obligatory political off work, and Jack was either in a bed or We all love our brothers, of course, and was a piker next to the Kennedys. Jack events, but in his way. At the end of the cam- wheelchair for months. His crazy school Jack would have surely died for any of his. Kennedy was our richest president, far paign, stumping through Massachusetts, he records — in and out of Choate and other The love/hate of sibling rivalry, which Joe wealthier than FDR. He was the only presi- made three obligatory stops for Knights of prep schools half a dozen times — stints at Kennedy encouraged in all his family, will dent to never take a dime of his salary. With Columbus rallies, planned a year in advance, Harvard, Stanford, Princeton, and then back remain a mystery for me and any who have his family’s wealth and political connec- but tore up their scripts and talked about to Harvard; these were never due to his laid experienced it, but I feel that it somehow tions, he could have been safe from any war, what he was planning to do as President. back academic ways, which made him a strengthened whatever integrity I may be as George W. Bush’s family kept him from “Ask not what your country can do for solid C student wherever he went. In aca- fortunate enough to have today, and I have being sent to Vietnam; he could have bought you. Ask what you can do for your Country.” demic America of the ’30s (of course this is no doubt that it did the same for Jack a Tahitian island like Marlon Brando and To his fellow Irishmen, he might have been different today), having the equivalent of a Kennedy. spent the rest of his life yachting and sipping saying, “Ask not what America can do for multi-billionaire father ensured entrance mai tais. you, now that, at long last, you are a part of into, and graduation from, any Harvard or The Rich Kid When World War II began, Jack ran to the this great country. Ask what you can do, as super-Harvard, had it existed. Joe Kennedy’s money con goes on. I chal- nearest recruiting station and of course spec- an American, to make it better.” In one Mystery illnesses — he was diagnosed lenge you to find his name on any Forbes tacularly flunked his physical. Joe Sr. used speech, he grabbed the rest of America by with diseases from spastic colitis to list or historical listing of wealthiest families his political influence to get him a second, the throat and let them know that he was an leukemia and everything in between — or men. This was the old man’s intention, of falsified physical, that allowed him to enlist American to be respected. As historian Doris attacked the kid like a veritable plague. In course. He started making private trusts for in the Navy. Joe Jr., who could also easily Kearns Goodwin has written, “From his the middle of college the disease came that his wealth as early as 1924 — four major have avoided the war altogether, went with grandparents on his father's side, he inherit- stayed: his “bad back.” Still not definitely ones by most accounts. Still, at his death in his father’s blessing, fought in Europe, and ed a certain self-possession and dignity of diagnosed after seventy plus years, it was a 1969, the New York Times estimated his per- came home in a serviceman’s coffin. Jack’s bearing which his father never achieved. necrotic, progressive condition that caused sonal net worth (not counting the fortunes PT Boat was split in half by a Japanese Like P.J. Kennedy, John Kennedy com- several surgeries, a metal plate inserted in invested in, nor the income produced by the destroyer in the South Pacific. He lived and manded respect and attention from all who his back, horrible agony and was as pro- trusts) at 500 million dollars. Given that returned home a decorated war hero. came in contact with him.” If not in that one found and debilitating as FDR’s polio — Howard Hughes was at the time the only speech, certainly in the 100 days to come, and as fiercely hidden from the public eye. acknowledged billionaire on earth, that was The Fighter Who Did It His Way Irish Americans disappeared as apolitical Joe’s money sent him to every one of the a heap of money. And in the depression, he In reality, any Irish Kennedy family finan- minority. Americans — and the world — absolute best medical facilities, some of was even wealthier. Kennedy Sr. was worth cial struggles were ancient history. Joe’s embraced this man and his vision as ours, whose names still resound of quality: the in the hundreds of millions of dollars before father, “P.J.,” owned a coal company, was a and quickly forgot about his origins. Mayo Clinic; Johns Hopkins; Harvard the crash of 1929 — except that he had liq- leading investor in Boston’s largest bank, Forgot is perhaps the wrong word. Medical; Columbia Presbyterian. Jack was uidated his entire stock portfolio in 1924. and was a ward boss and established com- “Didn’t care about” might be truer. The no malingerer. You see his record at every Overnight, as the country’s wealth devalued munity leader. Rose’s father John Fitzgerald Kennedys kept true to their Irish roots. school - Choate and Harvard especially - by a third, his wealth went up 300 percent. was born into financial security and attend- They let the media dub them the “Kennedy and it is the same. He plays freshman foot- The Irish’ struggles in Boston are chroni- ed the prestigious Boston Latin school. John clan.” Jack visited the village of his family’s ball (Joe did), and gets his ass kicked. He cled in depth and insight in the Boston Globe Fitzgerald went on to cement Jack’s place in tries other sports until he finally finds swim- article referenced above. The fight in Boston Boston’s Irish political pantheon with a thir- See IRISH, PAGE 15 www.okcbar.org • March 2014 • BRIEFCASE 9 10 BRIEFCASE • March 2014

Bar Observer Crowe & Dunlevy Attorney proceedings and litigation. Her chemical nized for the gravitas of their case matters peers. Brad Welsh was included this year Named General Counsel for engineering experience includes hazardous during 2013, including potential precedent as a “Future Star” which reflects that his waste management, contaminated site set or verdicts with notably high dollar peers and clients referenced that he was OKHR remediation and combustion processes and amounts at stake. Only one firm per state likely to become a “Local Litigation Star” permitting. Her combined careers in engi- receives this award each year. in the future. Oklahoma had a total of seven Courtney Warmington, labor and neering and law have allowed Ternes to sig- Crowe & Dunlevy is one of the largest “Future Stars” and 45 “Local Litigation employment attorney for Crowe & nificantly contribute to civic and profes- firms in Oklahoma with approximately 130 Stars” selected. Dunlevy, was recently named general coun- sional organizations through various leader- lawyers in two offices and more than 30 Each GableGotwals attorney was hon- sel for the Oklahoma Human Resource ship positions and served as a basis for her practice groups. For over a century, the firm ored in the following areas: Society (OKHR). extensive publications. has advised clients ranging from individu- David Bryant - Insurance, Environmental Warmington, a director and member of In addition to her practice and publica- als to Fortune 100 companies. and Energy; David Keglovits - General the firm’s Labor & Employment practice tions, Ternes has served as a leader within The firm also achieved the highest level Commercial, Insurance, Construction and group, has successfully represented man- multiple professional organizations, includ- of ranking in the 2014 editions of Energy; Graydon Dean Luthey - General agement in cases brought by employees ing the American Bar Association, Benchmark Litigation and Benchmark Commercial, Securities, Energy and Native American College of Environmental under Title VII of the Civil Rights Act, the Plaintiff, the annual guide to the United American; Rob Robertson - General Lawyers, American Institute of Chemical Americans with Disabilities Act, the Age States’ leading plaintiff firms and attorneys. Commercial and Energy; James Sturdivant Engineers and the Air and Waste Both publications recognized Crowe & - Anti-trust, General Commercial, Discrimination in Employment Act, the Management Association. She is also a Dunlevy as a Highly Recommended firm, a Securities and Energy; Brad Welsh - areas Family and Medical Leave Act, Oklahoma member of the environmental law sections designation held for firms that consistently of law are not defined for “Future Stars” workers’ compensation laws and the Fair of several state bars, including Oklahoma. receive the most mentions by peers and Benchmark is the only publication on the Labor Standards Act. Warmington has also Ternes is recognized by her peers and clients. Firms with the Highly market to focus exclusively on litigation in worked with employers in dealing with clients as a leader in environmental law. Recommended distinction are generally the US and is considered the definitive administrative agencies such as the Equal She is listed in Chambers USA Guide to regarded as dominant in their particular guide to America’s leading litigation firms Employment Opportunity Commission, the America’s Leading Lawyers for Business; jurisdiction. Several of the firm’s attorneys and attorneys. The guide’s results are the Oklahoma Employment Security The Best Lawyers in America, where she also received individual distinctions for culmination of a six-month research period Commission and the Oklahoma was also named 2011 Oklahoma City their work. that allows researchers to conduct extensive Department of Labor. In addition, Environmental Lawyer of the Year; interviews with litigators and their clients. Oklahoma Super Lawyers, in which she has Warmington serves as an administrative During these interviews recent casework been named as a Top 25 Women Oklahoma Carsey Joins law judge at the Oklahoma Department of handled by the firms is examined and Super Lawyers; International Who’s Who of Rischard Law PC Labor. sources are asked to offer their professional Environment Lawyers; and is an American opinions on litigators practicing within their She is a member of the labor and employ- Rischard Law PC of Oklahoma City College of Environmental Lawyers Regent state or national practice areas. ment law section of the American Bar and Fellow. announces that Daniel V. Carsey has joined Association and the Oklahoma Bar the firm. His practice will focus on business She serves currently as a Ward 3 commis- GableGotwals Selected Association. She also serves on the sioner for the City of Nichols Hills, Okla. as litigation with a specific emphasis on Oklahoma City University School of Law well as a member of the Oklahoma Chapter employment, energy, insurance, debt col- as Go-To Firm of the International Women’s Forum and is lection, foreclosure, bankruptcy and insol- Alumni Association board of directors and For the third year in a row, GableGotwals former secretary for Vanderbilt University vency matters. He earned his J.D. from TU is a member of The Luther L. Bohanon has been selected as a Go-To Firm for the School of Engineering Alumni Council. in 2005, graduating with highest honors. American Inn of Court. Warmington is list- top Fortune 500 companies. The selection is She received her Bachelor in Engineering, After graduating, he clerked for Judge Earl ed in Chambers USA, The Best Lawyers in based on data gathered from companies’ Chemical Engineering from Vanderbilt S. Hines at the U.S. District Court for the America and Oklahoma Super Lawyers. General Counsel in addition to various key University in 1984 and her Juris Doctor Eastern District of Texas. Carsey joins She has also achieved a BV peer review rat- databases. According to Corporate Counsel with high honors from the University of Rischard Law PC from the Oklahoma City magazine, less than one half of 1 percent of ing given by LexisNexis Martindale- Arkansas at Little Rock in 1995. Ternes is office of Conner & Winters. all law firms are included in the magazine’s Hubbell. admitted to practice law in Oklahoma, “Go-To Law Firm” list. The list is limited to OKHR is a nonprofit state affiliate of the Arkansas, South Carolina, District of Benchmark Litigation those law firms that general counsel at the Society for Human Resource Management. Columbia, U.S. District Courts for the Recognizes the Firm, and world’s leading 500 companies rely upon Eastern and Western Districts of Arkansas, Six GableGotwals Attorneys routinely and for the most critical matters. Leading Environmental Law U.S. District Court for the Western District Expert Joins Crowe & of Oklahoma and the U.S. Court of Appeals Six GableGotwals attorneys and the Firm for the 10th Circuit. Prior to entering law Fischer Elected President of Dunlevy overall have been recognized by school, Ternes worked for many years as a Benchmark Litigation as displaying the the Foundation of the chemical engineer, first for the Crowe & Dunlevy recently announced ability to consistently handle complex, International Association of Environmental Protection Agency and then that Mary Ellen Ternes, a noted industry high-stakes cases in multiple jurisdictions. for industry. Defense Counsel expert in environmental law and practice, Overall, GableGotwals has been named a has joined the firm’s Environmental, Highly Recommended Firm by Benchmark Foliart, Huff, Ottaway & Bottom is Energy & Natural Resources and Litigation Benchmark Litigation Litigation, meaning peers and clients con- pleased to announce that Amy Sherry & Trial Practice Groups as a director in the Names Crowe & Dunlevy 2014 sistently recognized the Firm as dominant Fischer was elected as President of the Oklahoma City office. Oklahoma Firm of the Year in our particular jurisdiction. Foundation of the International Association Ternes’ expertise includes advising In addition, attorneys David Bryant, of Defense Counsel at its mid-year meeting clients on matters of environmental permit- Benchmark Litigation, the annual guide David Keglovits, Graydon Dean Luthey, in California. The Foundation for IADC has ting, compliance strategies, enforcement to the United States’ leading litigation firms Rob Robertson and James Sturdivant, a significant impact on the civil justice sys- defense, environmental assessments, trans- and attorneys, recently named Crowe & have been identified as Local Litigation tem by serving as a platform for educating actions and due diligence, voluntary clean- Dunlevy the 2014 Oklahoma Firm of the Stars. The designation means that these the public on current litigation issues, and up practices, environmental impact state- Year. attorneys were consistently recommended supporting the integrity of legal systems ments and federal and state administrative Firms that receive this award are recog- as reputable and effective litigators by their globally. www.okcbar.org • March 2014 • BRIEFCASE 11

U.S. District Court Clerk Robert D. Dennis Retires

United States District Court Clerk Robert D. becoming the Court Clerk in 1985, Dennis served (“Bob”) Dennis will be honored at a ceremony on as an Assistant United States Attorney for the Monday, March 31, 2014, at 2:00 p.m., in the cer- Western District of Oklahoma, District Counsel for emonial courtroom at the federal courthouse. the United States Small Business Administration, Dennis is retiring on April 1, and Assistant General Counsel at 2014 after 41 years of federal the Oklahoma Department of service, 28 of which were spent Public Safety. Dennis also had a as Clerk of the United States distinguished military career con- District Court for the Western currently with his full-time civil- District of Oklahoma. ian jobs. He began as a private in During his tenure with the the Oklahoma Army National court, Dennis contributed to Guard and was later reassigned to judicial administration locally, the Oklahoma Air National Guard nationally, and internationally. as a commissioned officer. Dennis He served as the local chapter retired in 1995 from the military president of the Federal Bar reserves as a lieutenant colonel. Association, served on the Dennis is a recipient of the Air Judiciary’s District Clerks Force Achievement Medal, Air Advisory Group, and participat- Robert D. Dennis Force Commendation Medal, Air ed with the USAID Judicial Force Meritorious Service Medal, Reform project in Jakarta, Indonesia. In 1996, Airman’s Medal, Republic of Vietnam Campaign Dennis received the Director’s Award for Medal, and Vietnam Service Medal. Outstanding Leadership for his role in the after- In his retirement, Dennis is looking forward to math of the bombing of the Alfred P. Murrah traveling, strumming his guitar, mountain hiking, Federal Building in Oklahoma City. reading, and spending time with friends and fami- Dennis received his Bachelor of Science degree ly, especially his two wonderful grandchildren. He in Forestry from Oklahoma State University in also plans to continue public service as evidenced 1967 and his Juris Doctorate degree from by his working this summer at Roosevelt Lodge in Oklahoma City University in 1973. Prior to Yellowstone National Park. Waterfall in Yellowstone National Park 12 BRIEFCASE • March 2014

Stump Roscoe

By Roscoe X. Pound damages award, that allows for the exis- has said, or might say. frankly I couldn’t be happier for them. Dear Roscoe: My client provided the tence of a lien, not the other way around. Unlike the ad hominem, however, Apparently, Crenshaw felt the same way. concrete for a commercial building under 51 Am. Jur. 2d Liens 13 (2009). Because Godwin’s Law did not originate in rheto- Of course, the fact that Junior had all but construction. He filed a lien, but the a lien is a right to encumber property ric and is not a true logical fallacy. officially taken up residence in court entered a declaratory judgment until a debt is paid, it presupposes the Instead, it simply posits that the longer Crenshaw’s spare room provided an determining his lien improper. We then existence of a debt. If there is no debt in and more heated an argument grows, the effective talisman against things that may filed suit on the account, also seeking the first instance, there is no need for a more likely it is that someone will eventu- go bump in the night. I noticed long ago quantum meruit relief. I’ve now received lien, so a lien cannot legally exist or ally resort to responding to a contrasting that scary people tended to give Junior a Motion to Dismiss, arguing that the attach. In other words, without a debt, viewpoint by making a comparison to fairly wide berth. declaratory judgment rendered my there can be no lien. Although a lien is an Hitler or the Nazis. The term originated I was on my way up to Crenshaw’s in reference to message boards, chat client’s account uncollectible. What do incident of, and inseparable from, the when the call came in. The track of debt it secures, it is distinct from that rooms, and other internet fora. It could you think? M.R., Norman, OK. London After Midnight I thought most debt; liens relate to assets or collateral, be applied to any type of discourse, how- Dear M.R.: If you’re giving me the promising ran through a French language while the indebtedness underlying a lien ever, once the rational arguments devolve whole story, sounds like someone’s trying version last legally held by a theater to make the tail wag the dog. As dis- appertains to a person or legal entity (the into hyperbole. debtor). Id” Kudos to the Tenth Circuit for display- owner named Frederic Blum in 1937. cussed in 51 Am.Jur.2d Liens § 13 Winter v. Pleasant, 2010 WY 4, 222 ing such tech savvy. Hope you remember Crenshaw and friends had scored a major (2011): P.3d 828. the case to report back to us, G.F. I’d be coup by tracking a descendant of Mr. As a lien is a right to encumber prop- willing to wager the advocate stooping to Blum’s to a luxury high rise on the Jersey erty until a debt is paid, it presupposes Dear Roscoe: I’m returning from the usage comes up on the short end of side of the Hudson. Given that Junior had the existence of a debt. If there is no debt Denver where I argued a case before the the case. to appear in Essex County court, Sylvia in the first instance, there is no need for 10th Circuit. The attorney arguing a case agreed to contact the Blum scion and a lien, so a lien cannot legally exist or ahead of me became quite, shall we say, Well, if you keep an eye on The bring him to meet with us at Crenshaw’s attach. In other words, without a debt, impassioned. One Judge warned him Weather Channel, you’ve no doubt home. I had gotten better than halfway to there can be no lien. Although a lien is an about “violating Godwin’s Law.” It got a noticed that Jersey has been struck with Englewood when I received Sylvia’s call. incident of, and inseparable from, the laugh, so I guess I’m one of the few peo- several bouts of “Snowmageddon”. Even She had made it to Mr. Blum’s condo, debt it secures, it is distinct from that ple not clued in. It’d be nice to have an as I write this, my back still aches from but no one answered the door. It was debt; liens relate to assets or collateral, answer waiting for me when I get back. shoveling the front walk. Never a kid unlocked. She ventured inside, worried while the indebtedness underlying a lien G.F., Tulsa, OK. around when you need one. I can navi- that something may be wrong with the appertains to a person or legal entity (the Dear G.F.: I Don’t get many emails gate pretty well on snow and ice, and the elderly gentleman. She found the place debtor). from Tulsa. Nice to know the OCBA, or at need to do so is minimized somewhat by very thoroughly ransacked. She was So, look at the definition of “debt.” least the Briefcase, draws in folks across living in a neighborhood that boasts a about to get out and call the police when The first definition Black’s offers for the Sooner State. Hmm, you expect an city councilman, a State Assemblyman, “debt” is “[l]iability on a claim; a spe- she realized she was not alone in the answer to a question that you ask in mid- and a Freeholder (what you folks out apartment. She locked herself in the bath- cific sum of money due by agreement or there call “County Commissioners”) February to a column that won’t hit print room, and called me, for whatever rea- otherwise.” Black’s Law Dictionary 410 until late March by the time you get back among its denizens. son, rather than the police. She asked me (7th ed. 1999). Accordingly, as soon as to T-Town from Denver? Who’s bringing I do need to report, however, that the not to call them either. Given my dis- your client began to provide goods and you home, the Amish? hunt for the missing film classic took on tance, the traffic, and the snow, I was in services, such a debt came into being, OK, Godwin’s Law. It was originated a decidedly ominous turn of late. I had no position to play minuteman. With a i.e., “a specific sum of money became by a guy named Richard Sexton, but gone through the briefcase of material due” by virtue of the services rendered. made popular by attorney/author Mike Mr. Crenshaw had entrusted to me. It desperation born of necessity, I called The maxim that services rendered give Godwin. It states: “As an online discus- took me a couple of days to distill every- Daddy Mike who I thought might be in rise to a debt is as old and universal as sion grows longer, the probability of a thing to a useful summary. Sylvia Cioffo, the area. Fortunately, he was. Admittedly the maxim that a lien presupposes a debt. comparison involving Nazis or Hitler Crenshaw’s gal Friday, proved both help- without regard for legality, I performed a To illustrate: approaches one.” It is related to the ful and a joy to work with in the process. quick U-turn, earning me the enmity of at “Winter argues that a valid damages “reductio ad Hitlerum” posited by Leo Except, of course, she took off early each least a half-dozen fellow motorists, as award is dependent on a valid lien. We Strauss back in the Fifties. As a form of Friday and most of Saturday, that time well as several pedestrians who ended up reject this argument because it is the ad hominem, the latter compares an devoted to the growing romance between in the slush between the street and the existence of a debt, or in this case, a opponent’s argument to something Hitler her and our own Junior DeGroot. Quite curb.

DONATION from PAGE 1 and the OU College of Law library to nominated by faculty members from each Oklahoma City, OK 73118 underwrite subscriptions for real estate and law school. OKCRPLA meets on the sec- The opening of the Oklahoma County nishings for its new media room,” said mineral interest treatises. Additionally, ond Friday of the month, at 7:15 a.m. Law Library Media Room is March 28 at Barbara Bowersox, the group’s current OKCRPLA gives an annual academic (except for July and August) at the president. “We’ve also been able to make award to an outstanding real property stu- Community Room on the 3rd floor of 50 11:00; everyone is encouraged to attend gifts to the OCU School of Law Library dent from both OU and OCU; students are Penn Place, 1900 N.W. Expressway, this event.

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Tobias was drawn to Buddhism because, for her, it defined reality. She has traveled to China, Vietnam, Japan and Tibet and Tobias states she views Buddhism more as a philosophy and a way of life than a religion.

PROFILES from PAGE 1 review, but as her belly got noticeably never saw any direct repercussions from 1992. Tobias led the group’s appellate sections and although tensions were high, bigger, the law school debated whether it the other Judges towards Eubanks for hir- practice and continued to write com- Tobias remembers she “never felt hassled was appropriate for her to stay on law ing a female, she knows he received a lot pelling briefs. Supreme Court Justice by the Chinese, even though she was a review. In the end, she was allowed to of “flack” for it. Marian Opala asked Tobias to be on the Buddhist.” Shortly after she departed remain on the law review. The “brew-ha- Tobias wanted to spend more time with OUJI committee after reading something Tibet, two monks set themselves on fire ha,” as Tobias described it, highlighted her daughter so, after leaving her position she wrote. He also had Tobias give the near the hotel where she was staying and the very real problem of lack of women with Judge Eubanks, she started a private lecture on summary judgments whenever the Chinese closed the borders again. in law and prepared her to face the chal- practice in Norman. She loved being so he taught a law school course. lenges of being a woman in a male-dom- close to home and having the freedom to In 1999, Tobias became a student of Tobias has led creative writing groups inated field. mother her daughter, but she realized she Buddhism and, in 2002, she chose to and published articles in the Norman After graduating, Tobias accepted a didn’t like being a private practitioner. As reduce her work hours and travel. Over Transcript regarding her travels and position with Bulla and Horning. Phil chance would have it, she wrote a brief in the following years she traveled to China, Buddhism. She is currently an instructor Horning asked Tobias to write a brief on one of her cases and, as a result, was Vietnam and Japan. She was drawn to for the Osher Life-Long Learning a case that was set for a hearing in front offered a job by an attorney involved in Buddhism because, for her, it defined Institute (OLLI) at the University of of Judge Luther Boyd Eubanks. Tobias the case, Robert S. Baker. At Baker, reality. Tobias states she views Buddhism Oklahoma. OLLI is a program designed wrote the brief and, soon after submitting Baker and Smith, she once again found more as a philosophy and a way of life to promote the education and personal it, received a letter from the Judge’s herself juggling long hours with mother- than a religion. She loves that it empha- growth of older adults. When OLLI office stating Tobias should arrive fifteen ing her daughter. There weren’t any sizes compassion. Tobias states, “The decided to offer a meditation seminar for minutes prior to the setting. Scared and female partners in the area with whom older I get the more I see that the only unsure, Tobias stood among others in the she could commiserate and certainly way to overcome the follies of human the first time, they approached Tobias. outer chambers of the Judge’s office. there were no women on the US or nature is to show compassion.” Tobias created the syllabus and was The Judge appeared and, looking at no Oklahoma Supreme Courts to look to for In 2012, Tobias fully retired and trav- thrilled when twice as many people one in particular, asked, “Who’s Haven inspiration. However, she was committed eled to Tibet. Tobias recalls that she was enrolled in the class than expected. Tobias? I want to hire Haven.” Shocked to finding a work – life balance and made “lucky” to have been allowed entry into Tobias describes the class as a gift from but quick to respond, Tobias raised her it clear that her family was her priority. the country. She said that at the time of the universe and is considering teaching hand and replied, “I’m Haven and I If she worked until 9pm one night, she her trip, China had closed the area to a new class with a colleague on Classical accept.” Tobias remembers the obvious would be sure to come in late another tourists. An optimist, Tobias boarded a and Contemporary Buddhism. look of surprise on the Judge’s face when day. train and rode for over two days with Tobias, 71, considers her life a work in he saw that Tobias was a female. He did- Tobias changed firms when she decid- hopes that the border would be opened by progress. As she wrote in a December n’t say anything and simply proceeded to ed to leave trial work and focus on appel- the time she arrived. As her train pulled the bench and announced to the parties late work. Tobias “loved being able to into the station, she still didn’t know if 2010 article, “I’ll keep working on [find- that he had to recuse himself from the focus not on facts but on two theories of she would be allowed entry. When she ing balance]. In the words of zen master case because he had just hired opposing law, usually with reasonable arguments was eventually given permission to get Shunryu Suzuki, ‘We’re all perfect just counsel. Tobias clerked for Judge on both sides.” She joined Pierce, Couch, off the train, she knew she could enter. as we are. And we could all stand a little Eubanks for four years and although she Hendrickson, Baysinger and Green in Armed Chinese soldiers stood at all inter- improvement.’” 14 BRIEFCASE • March 2014

Dacia Abel Darren Derryberry Nick Johnson Tony Puckett Ed Abel Larry Derryberry Sharon Johnson Estella Quinones T. Luke Abel Donald E. DeSpain Robert L. Johnston Ashley Rahill Joseph T. Acquaviva, Jr. Jerry Dick Cindy Jones Natalie Ramsey Mariano Acuna Kathy Dick Cody B. Jones Ryan J. Reaves Lisa Adams Jodi W. Dishman Jake Jones Brad Reeser Ore Adesina Jay Dobson Lisa M. Jones Kevin Rehl Diane Adkins Nancy Dobson Ron Jones Sharon Reid John A. Alberts Page Dobson W. Matt Jones Christopher S. Reser Doug Aldridge David Donchin Laurie D. Judy Eric Reynolds Hilary S. Allen Megan Dowd Perry Kaufman Nancy Reynolds Terrie Allen Timothy C. Dowd Tom Kendrick Barry Rice Michael A. Anderson Matt Dowell Lindsay Kerr Douglas A. Rice Richard Anderson Kelly Dragos Stephanie L. Khoury Nathan D. Richter Scott Anderson Brenda Dryer Jim Kirk Todd Riddles Frances J. Armstrong Richard Dugan Nevin Kirkland Tom Riesen Jaclyn M. Arnold-Shafer Karen Duke Gina Knight Syliva G. Rivera Sonia Ates Sidney G. Dunagan John A. Krahl Karolina Roberts Jon Austin Don Duncan Kevin E. Krahl Rob Robertson Julie Azure Gerald E. Durbin John M. Krattiger Faye Rodgers D. Lynn Babb Mike Dye Christy Kretchmar Armando Rosell Connie Bachman Troy Earley Jon Laasch Christine Ross Gary C. Bachman William A. Edmondson Robert S. Lafferrandre Malia Ruiz Samantha Bachman Sally Ketchum Edwards Teresa Lambert Andrew Sachs Stephen D. Bachman William K. Elias Julie A. Lane Kelly Sachs Tamara A. Bachman Elizabeth Elliott James K. Larimore Jake Sandlin Brad Baldwin Ronette Tindall Ellis Tammy Larsen Debra J. Sapp Marianne Ballard Peter Erdoes Doris Lauderdale Stephen Schaus Holly C. Barrett Amanda Essaili Gary Lauderdale Shawn Schlinke Rachelle Batson Stephen G. Fabian Mike Lauderdale Sarah J. Schumacher Blake Beeler Paul Faulk Debra J. Lawson G. Blaine Schwabe, III Terry Benear Caroline Featherstone Ken Lawton Jann Schwabe Mike Bickford Matt Feldy Julie LeBlanc Mary Scott Brigitte Biffle Kristin P. Fenninger Taber LeBlanc Michael Scott Kelly Bishop Roberta B. Fielch Matt Lemley Heather Seaton Jeff Black Pamela J. Fields John C. Lennon Jerry Sepkowitz Ken Blakley Mark Folger Jenelle LePoint Jamie K. Sexton Denise Block Diana S. Fortune Ashley Lopez Barry Shadid Andy Bogert Vincent Friederich Taren R. Lord-Halvorson Dane Shadid Ted Bonham Matthew Frisby Amy L. Loughridge Dorene Shadid Chris Box F. Andrew Fugitt Matthew Love Jerome Shadid Jared R. Boyer Shawn Fulkerson Justin Lowe Randel Shadid Karen K.D. Brady Veronica Galaviz Marcella Macias Elizabeth R. Sharrock Charles Braun Bryan Garrett Mark W. Malone Heidi Shelton Douglas Brenner Mark Gautreaux Tifany Manning Rachel R. Shephard Amber M. Brock Kelly A. George Joey Marks Jennifer Sherrill Michael Brooks Wendy Gerdes Steve Marler Jack Shrader Richard K. Brooks DeeAnn Germany Tracey D. Martinez Merl W. Simmons Thomas D. Brower Jim Gibbs Jeffery W. Massey Roe Simmons Elisabeth Brown Alyson Gildner Debbie L. May Rona J. Simmons Glenda Brown John Gile Karla McAlister Tara Simmons Vance Brown Shiela Gilley Lloyd G. McAlister Kristin Simpsen Daniel E. Bryan Dearra Godinez Michael McAtee David Slane Brandon Buchanan Joseph K. Goerke Michael McBride James Slayton Cristi L. Bullard Everardo Gonzales Stephen L. McCaleb Lorene Smith Kelley Bullard Debbie Goodwin Gary McClanahan Jim Snoddy Barbara K. Buratti Jan C. Goodyear Joi McClendon Elizabeth A. Snowden Lynne Buskirk Robert Goolsby Jacqueline McCormick Kimberlee Spady Jay Buxton Cara Gorden James Michael McCoy Jessica Speegle Sharon Byers Kevin Gordon Kevin McCray Mark Spencer Cynthia A. Byler Kara Graham Tanika McGee General Thomas Stafford Tim D. Cain Ben Graves LeAnne McGill Matt Standard Phyllis M. Calvert Gerald P. Green Karl McLendon Felicia Stevens Allen Campbell Ginger Griffin Kelley McLendon Kim Stevens Jim Canton Lynn Groves Ramey McMurray Leasa M. Stewart Doug Carel Valeria Grudanova Marcus Mears Nick Strawn John P. Carrell Kathy Guillet Alisha F. Mehrhoff Ronnie Stump Melinda D. Carrell Andy Gunn Robin Merrill Jennifer Surmacz Carol Carrier Alex Haley Pat Meyer James W. Swank Dr. Micah Carter Joel Hall Richard Mildren Loma Swinney Toni Caruso Inona Jane Harness Benjamin D. Miles Jeff Tate Larry G. Cassil, Jr. Audra Harris Andrea Miller Camden M. Tharp Bonnie S. Catlett Andrew Harroz Kevin L. Miller Curtis J. Thomas Donna Cecrle Daniel Hart Terrell Monks Charlie Thomason James Chaney Philip Hart Richard Morrisette Lendsey Thomson Tracey Chavez Robert Haupt J.J. Moses P.R. Tirrell Tim Cheek Bobby Hawkins Lindsey W. Mulinix Ruth Torres Sherri Chitwood Gaylon Hayes Riley Mulinix Victor Trautmann Cathy Christensen Angel Head Russell Mulinix Kaci L. Trojan Benjamin Taylor Clark John B. Heatly Glen Mullins Joey Tu Alice Clary Russell Hendrickson Michael Mullins Jeremy Tubb Jan Clifton Don Herring Benjamin Munda Jacqueline Turner J. Steven Coates Kelli Hilgenfeld Brenda L. Mundell Katie Turner Mary Cody Frank Hill Dan Murdock Bettina Veronneau Dennis J. Coker Kevin Hill Kyle Murphy John Vitali Seth D. Coldiron Frank Hinton Janice Murray Philip Wah David H. Cole My My Hoang Carol Naifeh Collin Walke DeAnna M. Cole Dan Hoehner Robert N. Naifeh, Jr. James Wallace Shannon Condor Mark Holmes Lane R. Neal Joseph Walters J. Chris Condren Hailey Hopper Donald B. Nevard Ashley Warshell Kent Cook Richard E. Hornbeek H. Anne Nicholson Drew D. Webb Deborah A. Cooke Thomas W. Hosty Cara S. Nicklas Shannan Webb Chris Corey Mary Houston Mike O’Brien Toni Weis Kelley L. Cornelius David F. Howell Mary Oberly Bill Wells Linda Correa James F. Howell Sherry Oden Stefan Wenzel Eric L. Huddleston Richard Ogden Dale Cottingham Peter Wheeler Dean Couch Steve Huddleston Emily Oliva Pete White Elizabeth Council Fred Hudson Stephen Olson Stephanie Cox Julie Huffman Vanessa A. Orta Reggie Whitten J.W. Coyle Candy Hulsey Laurie Ortiz Terry Wiggies Robyn Crandall Corey Hulsey Zach Oubre Christy M. Williams Lateresa Crawford Rodney Hunsinger Steve Parker John Michael Williams Linda Crist David D. Hunt II Richard Parrish Brandon P. Wilson Ryan Cunningham Cheryl P. Hunter Sarah Lee Gossett Parrish Cana Wilson Jeff Curran Beth Huntsman William Parrish David D. Wilson Ciara Curtis J. Roger Hurt Trevor Pemberton Ryan Wilson Michelle Curtis Ariane Hyatt Steve Peterson Phil Winters Bob Dani Matt Hyde Jack Petty Brian K. Wolf Thomas J. Daniel Meagan Ishmael Stephen M. Pike Elizabeth Wood Mark Davidson Donna J. Jackson Ross Plourde Tom Davidson David Jacobson Janice Ponder Zane Wood Steven C. Davis Gary James Hillari Pool Michael Woodson Kristin M. Denton Bryce Johnson Ashley Powell J. Tyler Worten Michael D. Denton III Mindy Johnson Barbara Powell Brandy Yelton Michael D. Denton, Jr. Natasha Johnson Kelly Pruden Carla Zellner www.okcbar.org • March 2014 • BRIEFCASE 15

IRISH from PAGE 8 roots, Dunganstown, County Wexford, in 1963, where he said, “When my great- grandfather left [Ireland] to become a coop- er in East Boston, he carried nothing with him except two things: a strong religious faith and a strong desire for liberty. I am glad to say that all of his great-grandchildren have valued that inheritance.” But while poignant, the true image that lingers in the lens of history of that trip has to be his visit to Berlin. Truman’s courage made the Berlin airlift happen. Churchill, perhaps in his “Iron Curtain” speech just months before, had convinced Truman of the depth of the Stalinist threat to democracy. Against an American public that was eminently sick of war, of war in Europe, and certainly of Germany, Truman pulled out the guts to do what needed to be done. Though we woke up late, after half of Europe had been devoured and turned into true slave-states of the Soviet Union, Truman realized that to lose West Berlin would mean to lose a dag- ger and a force base in the heart of the Soviet John F. Kennedy gravesite at Arlington National Cemetery Eastern bloc. That we were able to pull it off is an amazing tale of the blend of uniquely day, King was released. Labor in the Kennedy administration, and grown up and solemn when we arrived. In American power, courage and integrity all On word of Kennedy’s assassination, Mary McGrory, the Washington Star colum- my memory it is rainy, drizzly. Sources say told brilliantly in Leon Uris’ Armageddon, a King said, “I would be the first to say that nist..., in the wake of Kennedy’s assassina- it poured the day before. They also say that blend that one would like to hope is still President Kennedy came forth with the most tion. public mourners waited in “near freezing” around, somewhere, today. comprehensive civil rights act that has been “We’ll never laugh again,” she said temperatures. I remember going to the end To the Berliners who remembered that proposed by any president … he was a to Moynihan. of a humongous line, and waiting seven time, Kennedy was a resurrection of all that friend to the cause of civil rights and he cre- “Mary,’’ he responded, “we will hours before walking past the flag draped was good in America. Those who remem- ated a concern for civil rights in Washington laugh again. But we will never be casket in the Rotunda of the Capitol. bered felt they owed their lives, their free- and in the nation.” For better or worse, his- young again.’’ The casket arrived Sunday afternoon. The dom, everything to the “Amis.” So on June tory has not placed Kennedy as a hero in the 26, 1963, to the vast crowd gathered at the original plan called for the viewing to end at civil rights movement, as were, say, King, Before I leave this Paddy’s Day montage 9 p.m., but that idea was soon ditched Rathaus Plaza and the even vaster TV world Rosa Parks, Medgar Evers, Malcolm X, with a personal remembrance, perhaps I because of the size of the crowd. Ten beyond, the Boston Irishman became not Stokely Carmichael, Bayard Rustin and oth- should invoke the name with which I start- abreast, it stretched forty blocks. Accounts just an American but the leading citizen of ers. My humble opinion is that the cause of ed. The premise of St Patrick’s Day, after all, say some waited ten hours. The doors were the world: “All free men, wherever they African American freedom never had it bet- is that it is a day when we all put on a little kept open all night. What accounts don’t say may live, are citizens of Berlin, and there- ter politically in this country than during the green, when we all pretend to be a little bit is that the line stretched down East Capitol fore, as a free man, I take pride in the words, Kennedy years, bar none. If nothing else, he Irish. St. Patrick invites us to indulge in his ‘Ich bin ein Berliner.’” had brought us all to a place where every spirit — either literally or figuratively. Street. Most days Twig and I would not have Kennedy’s effect on America’s own vic- American (even those who might dread Perhaps a little magic, a little suspension of ventured a block down East Capitol for a tims of discrimination was electric. As some of the prospects) believed anything all things strict and rational, is needed here, million dollars. That entire section of D.C. Shribman writes, “[A]ll racial and ethnic was possible. a little Irish on you to drink in the heady idea was an all-black ghetto. East Capitol ended minorities took notice and solace. Jews felt that all these poor facts expressed in poorer somewhere in the wilds of Anacostia, where this especially. ‘That was a golden time,’ What was it? words do somehow add up to an homage to no white man escaped alive. says Sol Gittleman, a professor of German It was the programs: the Peace Corps; put a Boston Irishman who transcended his My memories of that night are vivid and and Judaic studies and former provost at a man on the Moon by the end of the decade. roots to become a great American; and who immediate. Someone was handing out little Tufts University. ‘We all felt a real sense that It was the way he handled the crises: the Bay in the process made dream-believing candles with paper around the middle and something momentous was happening. We of Pigs; the Cuban Missile Crisis; West Irishmen of us all. Twig got one. People were quiet. Some now know it was something we didn’t see Berlin. It was his words: the press confer- cried. Some talked. I don’t remember any then, that it was a breakthrough for us all. It ences, by frequency more than any President Last Trip on the Bus conversations, even with Twig. When we was a miracle.’’’ before or since; the speeches; the language Five months after Kennedy’s trip to West started to realize that we wouldn’t be getting So much of the Civil Rights movement — “A people who have produced so many Berlin, he was dead. It was the end of the home until midnight, or later, we knew that happened in the Kennedy Years: the bards, singers, orators, actors, dramatists, world. People gathered at my house one by our parents would see what was happening Freedom Riders, the March on Washington, poets, and good talkers,’’ William V. one, as they do when a family member sud- on TV and wouldn’t worry. Looking back, I Federal enforcement of school de-segrega- Shannon wrote, “deserved to have as their denly dies. “I just can’t believe it,” everyone am struck by the fact that I don’t remember tion in the South; the symbolic facing down greatest political leader a man who loved the said. My mother said nothing. She simply the race of anybody in that crowded line. of George Wallace by Federal marshals. language and could use it.’’ sat in her armchair, eyes red-rimmed from They could have been green, or purple. I just Kennedy has been criticized for lack of But of course in the end, lamely, if you crying, fingering her rosary beads, glued to remember everyone, even the policemen, action in the African American struggle; weren’t there, you wouldn’t understand. the TV like all of us. My sister made the cof- being very, very polite. I know now that while it is true that Martin Luther King Somehow, he just brought out the best in all fee and whatever passed for dinner. My Twig and I just felt glad at having something refused to endorse Kennedy for President, of us. I may have been thirteen when he father, albeit near the bottom, was on “the to do; a way to somehow thank this man he made it clear that he had a no-endorse- died, but I have been grown and overeducat- list” — a top secret list that the government whom we loved. We were on a mission, by ment policy for anyone. He admitted later ed when over the years I have read the con- had put together after the Cuban missile cri- God, and we would not fail this man who that he had privately voted for Kennedy, and temporaneous accounts of NY Times, Daily sis, for certain federal employees to do cer- that, had he lived to run for a second term, News, Life, the Washington Post and several tain things in the event of a nuclear holo- had never failed us, if we had to wait twenty he would have endorsed him. Two weeks (who could read them all?) of the Kennedy caust, so he was at work late into the night. hours in the freezing rain. A quarter of a mil- before the election, Martin Luther King was books. Grown-ups and wide-eyed kids There is a certain irony in that, I suppose. It lion people filed past that bier, half of them sentenced to four months on a chain gang seemed united in the realization that in did feel like a nuclear holocaust. after two in the morning. for a traffic violation, by a Georgia judge. Kennedy’s abrupt, tragic end, something Sometime over that terrible weekend it When I got home it was well after mid- When asked, the Republican campaign had very special in America had also ended. was announced that the body would lie in night and my father met me at the door. He “no comment.” Thirteen days before the state on Sunday for public viewing. I was off didn’t say anything, but he did something election, and squarely against the advice of Shribman: like a shot to call by best friend and partner that he never did with me, before or after. He his advisers, even making the calls out of the A host of Bostonians alive a half century in crime Twig. Both our parents waved us put his hand on my head and drew it to his room, Kennedy called King’s wife and ago are familiar with the exchange between off to go. I don’t remember our bus ride chest, and held it there while he sighed. Bobby called the Georgia judge. The next Pat Moynihan, then the assistant secretary of down, or back. I just remember feeling very Then he turned away. 16 BRIEFCASE • March 2014 A.J. Seay Territorial Supreme Court Justice (1890-1892) Excerpt from A History of Judges of Oklahoma & Canadian Counties by Judge Russell Hall

Territorial justices, in addition to their cost twelve dollars! I made up my mind to [Judge Seay was appointed Associate aggressive and to some extent overawed appellate responsibilities, sat as ex officio purchase these books as soon as I could Justice in Oklahoma in May, 1890] the better element who, though in the district court judges in their assigned dis- save that much money from the pressing The third district was known as the majority were ‘negatively good’ and had tricts. Since Judge Seay was assigned the demands upon me. I kept busy, looked ‘short grass district’ and embraced all the no taste for the ‘firing line’. Gambling “short grass district”, he held court as a after the family and taught school. A coun- unorganized territory west of the 98th houses and unlicensed saloons were run- district judge in El Reno and Kingfisher try lawyer died, leaving a law library con- meridian to the east border of the ning wide open day and night. among others. As such, Judge Seay can be sisting of an old, musty smoked copy of Panhandle of Texas on the 100th meridian, Their keepers denied the existence of said to be the first district judge for Chitty and the Missouri statutes, which was bounded by Kansas on the North and any law requiring a license or regulating Canadian County. Oklahoma County was were kept on the mantel. I was employed Greer county, Texas on the south. All this, their business in any way. I had this ele- in another district. Judge Seay writes as clerk at the administrator’s sale and except the Cherokee Outlet was known as ment to contend with. They would get Canadian County was in the third district bought that library for one dollar (the only the Cheyenne and Arapaho country and some of their friends on the grand jury and and Oklahoma County was in the second bid) and was ridiculed by the crowd for was occupied by the Indians of those prevent indictments, or, failing in this, district, this is reverse to Thos. Doyle’s paying too much for it. I put in all my spare tribes, some government troops, U.S. would bring improper influences to bear article on the Supreme Court. Judge Seay’s time reading Chitty, and in 1860 entered Indian agencies, cattlemen, and a few ‘bad on the trial jury. It was hard to prevent this, mansion in Kingfisher is operated by the the law office of Pomeroy and Seay as jan- men of the border’, which the latter gave for they knew their friends better than did State and is interesting to tour along with itor and student. the officers a merry chase to capture them. the court and the officers. In this way they the museum across the street. [With the start of the Civil War] Led by Beaver, one of the counties assigned to sometimes got a ‘hung jury’ or an acquit- The Oklahoma Chronicles, a publication Capt. W.F. Geiger, I went into the federal me, designated in the Organic Act as the tal. On more than one occasion during the of the Oklahoma Historical Society, pub- army as a private, joining Col. J.S. Phelps’ public land strip, was known among the first year of my services, I removed jury- lished Judge Seay’s autobiography and the regiment. I served four years, being pro- old-timers as ‘No Man’s Land.’ men whose conduct showed crookedness. following are excerpts: moted to colonel of my regiment. I was a In order to hold court at Beaver I had to In one case a man was put on trial I was born in Amherst county, Virginia, member of a field court martial which held go by rail via Wichita to Englewood, charged with keeping a gambling and November 28th, 1832, and brought up in occasional sessions during the last two Kansas, and take the stage from there 50 bawdy house. Twelve men were selected Osage county, Missouri, where my parents years of the war. miles making a trip of 300 miles; or else, from the regular panel to try the case. The moved when I was three years of age. I Upon my return home in August, 1865, I go overland up the North Canadian river to evidence showed his guilt ‘beyond a rea- helped my father hew a little farm out of was appointed county attorney of Camp Supply, thence up Beaver creek to sonable doubt,’ but the jury reported they the woods from which to get a living for a Crawford County and entered upon the Beaver city, a distance of 200 miles from could not agree and asked for further large family, of whom I was the oldest boy. duties of the office at once. Later I was Kingfisher. There were but few people, no instructions. The only question was We had a three months school about every appointed circuit attorney and held that courthouse, and but very little business. whether the defendant kept the house as other winter, taught by a man who boarded office until Gratz Brown was elected gov- The people were poor, except a few cow charged. I withdrew the instructions and around among the scholars, and who could ernor in 1870, when I resigned and men, but fairly intelligent and law-abiding. gave one covering that point. After three teach spelling, writing, and arithmetic to engaged in the general practice. They greeted the court warmly and were hours more they wanted supper. the rule of three, and hickory the big boys In 1875 1 was elected circuit judge for evidently pleased to know that organized The sheriff was directed to inform them if necessary. the ninth judicial district of Missouri for government had come to stay. that supper would be ready as soon as they When I was twenty-one years of age I the term of six years and at the expiration The territory comprising the seven coun- found a verdict. On my return from supper left home and went to work for myself on of the term was re-elected. I then declined ties was opened to settlement April 22, I found them ready to report a verdict of the Missouri Pacific railroad, then build- a third term and resumed the practice. 1889, but the Organic Act was not passed guilty. Upon asking what had detained ing, with pick and shovel-my first job. There was nothing out of ordinary busi- until May 2, 1890. Thousands of home them so long in such a plain case, a red- Having learned all that was taught in ness of a country court in my circuit wor- seekers from all parts of the country staked nosed man of some prominence in the public schools I became a teacher and thy of statewide public interest during my their claims and established a provisional town was pointed out as the man who had saved a little money. In 1855 1 went to the twelve years as a judge, except the great government which was obeyed by the ‘hung’ the jury for seven hours because the Academy of Steelville, Missouri, but Southwestern railroad strike by the orderly well-disposed people but could be court’s instructions were not the law. I told before the end of the term my father died Knights of Labor, in the early spring of enforced if at all only by overwhelming him I declared the law; that the jury found and I left school to take charge of the fam- 1885. public sentiment or by the cool prowess of the facts; that if he knew law better than ily and administer upon the little estate. Some of our people were Knights of the man behind the gun. Peace and order the court he should serve his friend as This brought me into court and business Labor and the majority of the voters of prevailed among the homesteaders except lawyer and not as a juror. He was dis- relations with a lawyer, a friend of the fam- Franklin county were in sympathy with the an occasional shooting affray between charged and the sheriff was instructed ily, who advised me to study law. This flat- strikers and did not endorse my course rival claimants for the same quarter sec- never to bring him into court again as a tered me. I had a long talk with him in [issued an injunction]; so when I became a tion. juror. which he told me that Chitty’s Blackstone candidate for the legislature in 1886 the But in the towns it was different. There That night indignation meetings were was the first book to read; that there were Knights knifed me at the polls, electing a was a rough, disorderly, gambling, drink- four volumes in two books, and that they Democrat from a Republican county. ing, bawdy house element which was See SEAY, PAGE 22

Quote of the MONTH “It is the certainty that they possess the truth that makes men cruel.” ~ Anatole France, novelist, essayist, Nobel laureate (1844-1924) www.okcbar.org • March 2014 • BRIEFCASE 17

Don Nicholson Tsinena Robinson "I have known Judge Kirby for several years and have always "I’ve seen first-hand how Judge Kirby cares John Hermes found him to be thoughtful, probing and considerate in his de- deeply about justice and works hard to fairly Wes Lane liberations. Furthermore, Judge Kirby displays the character administer the law. The citizens of Oklahoma Kent Myers and integrity that our public servants need to possess." County are fortunate he chooses to serve." Kevin Butler – Timothy Tardibono – J. Dillon Curran Lance Phillips John Hunt Justin King David Ross Steve Parker Eric Eissenstat J. Dillon Curran Endorsements Linda Pizzini Ferris J. Barger Osmun Latrobe Linque Gillett Andrea Teter Kenneth L. Peacher II Gerald E. Kelley Gina Knight Glenn Coffee Dennis Boxeur Gary Giessmann Kevin Kelley Rollin Nash Jay Scott Timothy Tardibono Robert Miller Steven P. Cole Richard Mullins Martin Stringer James Sharrock Bob Dace Tim Bomhoff John Kenney John Hermes Elizabeth Wood Jeff Todd Rich Johnson Brandon Buchanan Patsy Trotter John Schaefer Joseph Bocock Josh Smith Lauren Hanna Michael Lauderdale Richard Nix Kym Carrier Valerie Michelle Evans

Committee to Re-Elect "As an attorney and former student of Judge Kirby's I have Judge Kirby, Don Nicholson, "Judge Kirby is a thoughtful and great respect for him both personally and professionally. I hope Chair Tsinena Thompson, dedicated public servant. We need he is successful in his re-election as he is such a wonderful Treasurer him in office and so do you!" P.O. Box 720992 servant of the people of Oklahoma." – Tsinena Thompson Oklahoma City, OK 73172 – Andrea Teter 18 BRIEFCASE • March 2014 www.okcbar.org • March 2014 • BRIEFCASE 19

Book Notes

By Bill Gorden Between the initial assault on the Taliban such as pride when reading about after 9-11, and the end, a great many how they carried out their duty. The Outpost things have happened, as in any war. One thinks of Tennyson’s Charge Jake Tapper, Little, Brown and Company, Valor, courage, and sacrifice are a part of of the Light Brigade. One hopes 2012, 2013, paperback, $18.00, Kindle it, bureaucracy, waste, and confusion are that those sacrifices detailed here other parts, some time all mixed together. will not be in vain. $9.00 In this story Tapper takes us to one out- post on the border between the “friendly” The Aleppo Codex American troops will leave Afghanistan and “unfriendly” parts of Afghanistan, Matti Friedman, Algonquin in December 2014. This will conclude near the Pakistan border. He chronicles the Paperbacks, 2012, paperback, what may be called our longest war. various units and men (and a few 298 pages, $15.59 women) who hold the place, and who try to interact with the local This work reads as a mystery, populace. Sometimes this is in a regarding a timeless treasure, peaceful mode, quite often in vio- part of which is missing. The lence. Codex is a thousand year old The real story has to do with the Hebrew Bible. It was lodged setting of the post itself, at the bot- in Syria in a grotto cave, tom of three mountains. Someone looked after by a local decided that this would be a good Synagogue. It is considered place for such an outpost, in a to be the most complete ver- guerrilla war. The hopeless nature sion of such a work, as it had of the fight, even given American even been worked on, that air and land firepower, becomes is, edited for accuracy, by the great Spanish/Egyptian readily apparent to each wave of scholar Maimonides. occupants. Some units fare bet- When the state of Israel came into ter than others, but all in all this being, disturbances broke out in Syria museums. It is a fascinating story, as far as is a wrenching story. A word of aimed at Jewish communities, and the it goes. However, unlike most mystery sto- advice: don’t get too caught up Synagogue and the grotto were targets. ries, we are left hanging. Somewhere out when Tapper warmly describes The book was turned out of its home, and there is, (probably), a chunk of text of a particular soldier, and his then, (or later), the torah part was separat- import to a large chunk of mankind. It may family. It is foreboding to a ed from the rest. Some said it was burned, be in a private collector’s hoard, or have bad outcome each time. but there was always doubt. The rest of the been cut up and used to decorate some- It is easy to get angry about book left for Israel in an emigrants valise, one’s walls. It may be possessed by a gov- the posting of brave through Turkey. A variety of shady hap- ernment, or sit quietly in some holy place. American souls in such a penings occurred, involving governments, This is unsatisfying, but maybe someday way. It provokes emotions antiquities dealers, and even curators of there will be a sequel.

Old News Excerpts from OCBA News: ment to be included in the minutes of the of the State Bar at their meeting on Friday, Committee before it could be considered meeting: “I do not intend to follow either February 23, 1973, had rescinded the State by the Judiciary Committee. March, 1973, Part 1 the County Bar or the State Bar minimum Bar Minimum Fee Schedules by our Legal Aid Committee: fee schedule and repudiate both.” County Bar and the Tulsa County Bar. The Board was advised that the new Board Abolishes Minimum Fee Following considerable discussion, By-Laws and Long Range Planning Director of the OEO was changing the Schedule motion was made by N. Martin Stringer Committee: OEO program and that legal services were that we follow the recommendation of the Mr. Wayne Campbell reported on the to be continued on a month to month basis. The Oklahoma County Bar Association Professional Economics Committee and committee’s efforts to raise judicial The Legal Aid Committee presented a res- Board of Directors met on Thursday, repeal our minimum fee schedule and fur- salaries. Mr. Campbell advised that his olution to the Board for adoption: That the February 15th, 1973, at 4:00 p.m. with ther advise the State Bar that we will not immediate concern is with salaries at the Legal Services Program be placed on a President Stewart W. Mark presiding. follow the Oklahoma Bar Association’s County level. Mr. Tom Brett, from the state yearly basis to assure continuing effort on Professional Economics Committee: schedule and give notice to the members of bar association is working on increasing behalf of the poor who come to Legal Aid the Bar Association of this action. Motion judicial salaries also and a dinner was Mr. B. J. Brockett reported that his com- for representation. Copies of the resolution was approved with two opposing votes. A arranged at the Bar Center for the mittee had met in the Bar office on with an appropriate cover letter are to be recommendation was made to the Board Legislative members who were attorneys. February 13th and presented the following mailed to legislators, President Nixon, and that a letter to all members advising them At that meeting, a report was presented resolution to the Board: the Director of the OEO. of the Board’s action be sent out, that an reflecting judicial salaries across the “The Professional Economics Treasurer’s Report: article be carried in the next issue of the nation. Mr. Campbell advised that accord- Committee recommends to the Board of N. Martin Stringer, Treasurer, presented newsletter, and legal notice be published in ing to this report Oklahoma is beginning to Directors of the Oklahoma County Bar the following report: Income from the the Daily Law Journal Record. lose more of our good judges and that month of January was $12,746.58 and Association that the Oklahoma County Bar Mr. Brockett advised that his committee problems were evolving in recruitment of expenses were $6,004.16. $2,942.25 of the Association’s minimum fee schedule be will be working to fill the void created by qualified applicants. Mr. Campbell advised rescinded. Further, we recommend that the rescission of the minimum fee sched- that Oklahoma is 51st in salaries for expenses were due to the production of members of the Oklahoma County Bar ule. A suggestion that a course be taught in judges. (The survey included the District “Jealous Mistress.” Mr. Stringer noted that Association no longer adhere to or recog- the law schools on the economics of law of Columbia) He advised that his commit- $1,481.40 profit had been shown from the nize the Oklahoma Bar Association’s min- practice is being considered. tee had contacted Terry West with the production of “Jealous Mistress” for the imum fee schedule.” Special Note – Ethics Opinion No. 220, OTLA and a joint effort is being made to Annual Meeting. Mr. Stringer proposed Mr. Brockett advised that his Committee October 18, 1962 on habitual performance increase judicial salaries. C. B. Savage is that the Bar Association pay the $800.00 had taken this action based upon advice of of legal services for less than minimum OTLA’s special representative in the legis- note due to City National Bank to save attorneys experienced in Federal Anti- fees was rescinded by the Board of lature. A bill has been introduced to elimi- money being paid as interest. Motion was Trust law. A judgment has been granted Governors of the Oklahoma Bar nate associate judgeships except the one approved. against the Fairfax County Bar Association Association during the January 23, 1973 required in each count by the Constitution. COTPA: of Virginia - enjoining the use of a mini- meeting. The next problem would be to get the bill Mr. Wayne Campbell advised the Board mum fee schedule. A question of damages An announcement was made by Harold before the appropriate committee that the Main Street parking facility was is still pending. Sullivan at a special meeting of County involved, since any bill of this type would not interested in group parking rates at this Mr. Emery made the following state- Bar Presidents that the Board of Governors have to go through the Appropriations time. 20 BRIEFCASE • March 2014

OLIO from PAGE 4 increase in salary. the Legislature also had enacted House Bill Industries, Inc. alleging breach of a fiduciary Defendants refused or failed to allow No. 752. Section 4 thereof contains the fol- relationship. On June 17, 1988, Perry Inhofe demanded $5,000 damages for asserted plaintiff’s claims and plaintiff commenced lowing provision: served notice on the petitioner. The notice pecuniary loss by reason of the defendants’ this action. “The Office of the Insurance did not mention that the deposition would be alleged wrongful acts. Since this matter involves a Constitutional Commissioner shall be paid a salary of Six videotaped, and the parties had not stipulat- In presenting the case to this court he State official and the Attorney General, rep- Thousand Dollars ($6,000.00) per annum ed that the deposition could be taken by urges only that he is entitled to injunctive resenting the defendants, agrees that we monthly until January 12, 1959, at which other than stenographic means as provided relief, thus having abandoned the feature of should do so, we have accepted jurisdiction. time the salary for the office of Insurance by 12 O.S.Supp. 1986 § 3207 (C)(4). his ease relating to damages. Plaintiff advances the proposition that Commissioner shall be Twelve Thousand On July 15, 1988, when the petitioner It is generally held that, in the absence of “The additional pay given to the insurance Dollars ($12,000.00) per annum monthly.” appeared for the deposition, he learned, for a contract to the contrary, a former employ- commissioner by Senate Bill 247 does not For the years 1959, 1960, 1961 and 1962, the first time, that his deposition would be ee may upon entering the competitive field violate the provisions of section 34, Article Mr. Hunt drew such increased salary of both videotaped and stenographically with his erstwhile employer, either as the 6, or section 10, Article 23, of the $12,000.00 per annum. In 1962 Mr. Hunt recorded. Because the petitioner objected to employee of another or on his own initiative, Constitution of the State of Oklahoma”. was again re-elected and has continued to the taping, he terminated the deposition. solicit the business of the latter’s cus- Section 4 of Senate Bill No. 247, supra, pro- draw $12,000.00 per year salary. Since 1957 Later the same day, the parties sought to tomers... The theory of the cases which have vides: Mr. Hunt’s duties have remained exactly the have the problem settled by the trial court. been decided upon consideration of this gen- “The duties performed by the same. During such time he has served con- The brother moved to compel discovery, and eral rule, or, perhaps more accurately stated, Insurance Commissioner as President tinually as President of the State Insurance the petitioner objected, asserting that he had the theory of the cases from which the gen- of the State Insurance Board shall be Board. not agreed to a video deposition and that it eral rule has been formulated, has been var- considered additional duties to those It has been noted that Section 4 of Senate had not been ordered by the court. After the iously expressed. Thus it has been said that otherwise prescribed by law, for which Bill No. 247, supra, hereinabove quoted, trial court denied the motion to compel dis- a contrary view would compel the employee additional duties he shall be paid addi- provides that Mr. Hunt’s duties as President covery, the brother, by oral motion, sought “to give up all the friends and business tional compensation until June 30, of the State Insurance Board are “additional to take the deposition by video. The petition- acquaintances made during the previous 1965, in the amount of Three Thousand duties to those otherwise prescribed by law”. er objected, arguing that § 3207(C)(4) employment” and “tend to destroy the free- ($3,000.00) per annum, payable month- But prior to the enactment thereof when Mr. required the motion to be in writing. He dom of employees and reduce them to a con- ly”. Hunt was re-elected in 1958 and again in requested that he be allowed to present evi- dition of industrial servitude... Article VI, Section 34 of the Oklahoma 1962, 36 O.S. 1957 Supp. § 311 and 36 O.S. dence and to submit briefs. The trial court However, even the cases which have Constitution (referring to executive officers) 1961 § 311 respectively, had prescribed such granted the motion for the video deposition, denied injunctive relief have recognized that states: to be his regular statutory duties. When he and it denied the petitioner’s briefing the rule, though of general, is not of univer- “Each of the officers in this article sought re-election in 1962 one of Mr. Hunt’s request. The petitioner asked for a protective sal application. named shall, at stated times, during his statutory duties for more than five years had order prohibiting his brother from dissemi- * * * continuance in office, receive for his been to serve as President of the State nating his video deposition to the press. He [T]he most common view is that a list of services a compensation, which shall Insurance Board. That duty was one of those alleged that because he had filed for re-elec- customers built up through years of effort in not be increased or diminished during then required of him. His salary had been tion, the videotape could be politically a line of business where such a list consti- the term for which he shall have been doubled when the new insurance code was embarrassing. The motion was denied, and tutes an important asset of business is a elected; nor shall he receive to his use, enacted in 1957 and such duty placed upon the petitioner has requested that we assume species of property in the nature of or com- any fees, costs, or perquisites of office him. It was considered an additional duty for original jurisdiction and issue the proper parable to a trade secret, and that where an or other compensation.” which he was paid $3,000.00 per year until writ. employee obtains such a list through confi- Article XXIII, Section 10 of our State his $12,000.00 per year salary started. . . . dence placed in him or surreptitiously, he Constitution contains the following lan- Thereafter he had been required to perform The extraordinary relief of a writ of man- may be restrained from using it. This court guage: the same duty four years at the new damus or of prohibition is available under would be loath to say, however, that the use “Except wherein otherwise provided $12,000.00 per year salary as a part of his proper circumstances either to order or to by a former employee of his memory inde- in this Constitution, in no case shall the regular duties. prohibit the production of evidence prior to pendent of any compiled list could be salary or emoluments of any public offi- * * * trial. However, before appropriate relief may restrained, in the absence of a contract to the cial be changed after his election or Argument is made by defendants that the be granted, it must be shown that the trial contrary. appointment, or during his term of duties performed by the Insurance court exceeded either its authority or its dis- We believe the exception as to the use of office, unless by operation of law enact- Commissioner as President of the State cretion in ordering or denying pretrial dis- lists to be sufficiently well grounded in prin- ed prior to such election or appoint- Insurance Board must be performed by covery. ciple to obtain recognition in this jurisdic- ment; * * *.” him... The petitioner alleges that his brother is tion. In so far as plaintiff has asserted the Plaintiff contends that the “primary ques- * * * abusing the discovery process to destroy his surreptitious compilation of a list of his cus- tion to be determined is whether the duties The declaration of the Twenty-ninth political career, and that he should have been tomers by the defendants and sought to assigned, for which additional compensation (1963) Legislature in Senate Bill 247, supra, permitted to have a full hearing on the issue enjoin its use, he has brought himself within is to be paid, are germane and incidental to that “The duties performed by the Insurance of the video deposition. He also asserts that the recognized exception and is entitled to the normal duties of the Insurance Commissioner as President of the State because his brother’s motion was not in equitable relief. Commissioner”. Insurance Board shall be considered addi- writing, it did not comply with 12 O.S.Supp. Of course, equity will not interfere with Mr. Hunt had been elected Insurance tional duties” may not be upheld, since the 1984 Ch. 2, App. Rule 4, and that he is enti- the right of defendants to do business with Commissioner in 1954. In 1957 the Legislature has designated certain duties as tled to file a brief under this rule. However, these customers, but may forbid the initia- Legislature had enacted a new insurance additional ones, whereas five years previ- a motion made during a hearing is not tion or solicitation of business by the use of code, House Bill 501, a pertinent portion ously it had already made same the regular required to be in writing pursuant to 12 the lists surreptitiously compiled by them. being 36 O.S. 1961 § 331 ; sub-sections “A” statutory duties of the office. O.S.Supp. 1984 § 2007. We are not persuad- and “B” thereof in pertinent part respective- ed by this facet of the petitioner’s argument. March 24, 1964 ly provide: March 14, 1989 The trial court asked to hear evidence from Fifty Years Ago “There is hereby created the State Twenty-Five Years Ago the petitioner concerning the video deposi- [Excerpted from Hunt v. Logan, 1964 OK Insurance Board, composed of the [Excerpted from Inhofe v. Wiseman, 1989 tion, and it allowed him to present his reser- 69, 390 P.2d 918.] Insurance Commissioner and two mem- OK 41, 772 P.2d 389.] vations and concerns about submitting to a This is an original action in this Court bers to be appointed by the Governor, * In this case of first impression, the peti- video deposition. We find that the trial court wherein plaintiff, Insurance Commissioner * *. The Insurance Commissioner shall tioner, James M. Inhofe, urges us to assume did not abuse its discretion in not allowing for the State of Oklahoma, seeks an order in be President of the State Insurance original jurisdiction and to issue a writ of briefs on this issue. the nature of mandamus directing defen- Board * * *. prohibition to prevent his deposition from The petitioner contends that his brother dants, the State Budget Director, the State “* * * The duties performed by the being taken by videotape. In the alternative, must show some need for videotaping Auditor and the State Treasurer to allow and Insurance Commissioner as President he seeks a writ of mandamus requiring the beyond a mere preference or desire. pay the claims of plaintiff for services per- of the State Insurance Board shall be trial court to issue a protective order limiting Generally, the cases allowing video deposi- formed by him during the months of July, considered additional duties to those dissemination of the deposition. The dispos- tions have involved a key witness who was, August and September, 1963, in compliance otherwise prescribed by law, for which itive issues are whether the trial court abused or who was likely to be, unavailable for trial, with Senate Bill 247 of the twenty-ninth additional duties he shall be paid addi- its discretion in granting the motion to take or to permit the witness to reconstruct an Legislature, 74 O.S. 1963, Supp. § 285, par. tional compensation until January 1, the petitioner’s disposition by video or by its accident. Besides use at trial, depositions 32. The Act purported to make the duties 1959 in the amount of Three Thousand refusal to issue a protective order. We find have discovery value because they record a performed by the Insurance Commissioner Dollars ($3,000.00) per annum, that the trial court did not abuse its discretion description of the event which cannot be as President of the State Insurance Board payable monthly.” in granting the motion to take the video dep- made by a mere stenographic deposition. additional duties to those otherwise pre- As provided in said section 331, Mr. Hunt osition but that it should have issued a pro- Here, the brother stated that he intended to scribed by law and fixed the compensation was paid $3,000.00 per annum for the years tective order. show the videotape to the investigators, who therefor at $3,000.00, per annum. 1957 and 1958 for performing the “addition- On May 13, 1988, the petitioner filed a he had hired to aid him in this case, because In an opinion dated July 11, 1963, the al duties” of President of the State Insurance petition in Tulsa County District Court they would not be allowed to be present at Attorney General of Oklahoma held that Board. against his brother, Perry D. Inhofe, Jr., and plaintiff could not be paid legally such In 1958 Mr. Hunt was re-elected. In 1957 a dissolved corporation, Mid-Continent See OLIO, PAGE 22 www.okcbar.org • March 2014 • BRIEFCASE 21

"Judge Stuart exem- Henry Hoss plifies the integrity Henry Hoss Ross Plourde Kent Meyers Tim Bomhoff Lauren Hanna and honesty that Mike Blake Jim McMillin Joseph Bocock make a great judge. Don Nicholson Elizabeth Tyrrell Ron Shinn Tsinena Robinson Frank Hill Mark Folger He is fair, impartial, John Hermes Todd Court John Stiner and knowledgeable Matt Buergler Michael Joseph Mark Christiansen about the law. Judge Robert Nance Gary Fuller Nathan Whatley Laura McConnell Patrick Stein Jeff Todd Stuart has a work Joe Crosthwait Robert Dace John Kenney ethic that is second Jack Dawson Martin Stringer Spencer Smith to none. Oklahoma Glenn Huff Brandon Buchanan Jodi Dishman Charise Hall Curtis Thomas Michael Lauderdale County is exception- Chad Taylor Laura Long Joseph Walters ally well-served by George Emerson Andy Long Richard Mullins Jesse Chapel Jodi Cole Rodney Hunsinger Judge Stuart." Jesse Kordeliski Jack Sargent Valerie Michelle Evans Richard Mildren Jeremiah Buettner Laura McConnell-Corbyn Amy Alden Chris Scaperlanda Patrick Lane Todd Woolery Andrea Rust Joe Lewallen Dakota Low Bob Dace Kieran Maye Michael Avery John Hermes Beau Patterson Susan Hermes Elizabeth Wood Rodney Hunsinger Mike LaBrie Richard Mullins Elizabeth Bowersox Joseph Walters Zach Oubre Michael Lauderdale Frank Plater Jodi Dishman Phil Hart Spencer Smith Steve Johnson John Kenney Brandon Buchanan Jeff Todd Todd Court Nathan Whatley Michael Joseph Mark Christiansen Gary Fuller John Stiner Patrick Stein Mark Folger Bob Dace Ron Shinn Martin Stringer Joseph Bocock Frank Hill Kym Carrier Elizabeth Tyrrell Reid Robison James McMillin Lauren Hanna Tim Bomhoff Ross Plourde

"Judge Stuart is the epitome of good tem- perament and scholarly work. He should be retained in office." – Kent Myers 22 BRIEFCASE • March 2014

PRO-BONO from PAGE 1 ic is scheduled from 9 am to 12 noon on practical legal advice to an appreciative When I talk to lawyers about the clinic, at the clinic are always supportive of their the third Saturday of every month at clientele on a wide variety of topics. their major concern is that they will not fellow volunteers, so you will never be Epworth United Methodist Church, 1901 Clients may come to the clinic in person, know enough of certain areas of law to alone without someone to help. N. Douglas Avenue, Oklahoma City, OK, or service can be given by phone. Legal help with the kinds of questions that can There are so many people that need the come up. Let me assure you, with your 73106. It is located directly west of The Aid provides client intake sheets for benefit of a lawyer’s advice and counsel. Classen School of Advanced Studies. This clients that could not be served during the legal education and life experiences, you Your efforts will be appreciated. If you month’s clinic will be on Saturday, March week at the Legal Aid offices. Cindy know more than you think you do. There 15. Goble, the Legal Aid staff attorney who are so many people that need just a little would be able to give of your time at the The time I have given to the clinic has runs the clinic is always available to give direction, explanation, or encouragement, clinic, please call Vera Addi at 488-6808, been professionally challenging and additional information or advice in areas and that is where you can make a world of or e-mail her at [email protected] and rewarding. The lawyers at the clinic give where a volunteer lawyer is uncertain. difference in someone’s life. The lawyers tell her to count you in for the next clinic.

SEAY from PAGE 16 held in the gambling houses and saloons, off-hand in the dark a shotgun was more to evil-doers. I will always enjoy the memory of the in which the discharged juror took a likely to do execution and less likely than [The judge became governor for a few abrupt ending of this my last office with its prominent part, denouncing the court and a Winchester to do irreparable injury. I got months in 1892 and 1893. In 1893, at the ludicrous surroundings. the judge, but that incident ended the jury small game to be sure but a good deal of it World’s Columbian Exposition at Chicago I take pride and pleasure however in the trials of that character for that term of though not always hitting the mark. he had a heart-to-heart chat with the fact that I was officially connected with court. All of the other defendants charged In the beginning we were short on Secretary of the Interior and was removed Oklahoma from its birth ’till it had grown with similar offenses pleaded guilty, and libraries and long on jurisdiction. An from office.] to a bright, strong boy; and have ever since submitted such mitigating circumstances examination of the 9th and 11th sections of I met my successor Hon. William C. observed with interest its development into as they had ‘to the mercy of the court’. the Organic Act will show that as district Renfrow, at the depot in Guthrie and took stalwart manhood. The political weather Our courts had plenty of work and were judges we had original and appellate juris- him in a carriage drawn by white horses to has been rough and stormy. Dark clouds not well paid, housed or fed. We were pio- diction in civil and criminal cases arising the governor’s “mansion” formally turned still hover over our state, but the glorious neers. We had to blaze the road and build under the laws of the United States. We it over to him in the presence of his attor- sunshine of public virtue and intelligence the bridges. While our work was not per- also had original and appellate jurisdiction ney and a few admiring friends and then by will drive them away. fect, it gave confidence, encouragement, specially conferred in Indian cases and in invitation they accompanied me to the Governor Seay died at Longbeach, and support to the law-abiding people of the ‘Cherokee Strip’. ‘government acre’ where the federal build- California, December 22, 1915. He had the territory. Mine was known as a ‘shot- My work was made lighter by the able ing now stands and where I died political- been living in California for more than a gun court’ on account of my bluntness in and efficient services of the Hon. Horace ly after having delivered my own funeral year before his death but always claimed rulings and decisions, and I would not Speed, U.S. Attorney of Oklahoma oration. Oklahoma as his home. His body was resent the charge that it was ‘double-bar- Territory. A fine lawyer, an indefatigable I never cared much for the office and brought back and laid to rest in the city reled and breech-loading.’ Having to shoot worker and an honest man, he was a terror was relieved from the cares without regret. cemetery at Kingfisher.

OLIO from PAGE 20

the actual taking of the deposition. information surfacing during pretrial discov- Oklahoma County Bar Auxiliary The traditional method of recording testi- ery may be unrelated, or only tangentially mony is by the use of a court reporter. related, to the underlying cause of action. However, since the adoption of 12 O.S. Traditionally, discovered information, not Upcoming Meetings Supp. 1986 § 3207 (C)(4), in 1986, the par- yet admitted, is not a public source of infor- ties may either stipulate in writing or the mation. Unless otherwise ordered by the court may, upon motion, order a deposition court, depositions are sealed until admitted to be recorded by other than stenographic into evidence. April 10 Technology Training means. The utilization of videotape is noth- * * * Location TBD ing more than an updated visual version of An attorney cannot make or assist another preserving testimony. person in making an extrajudicial statement * * * if the attorney knows or reasonably should May 8 Check presentation to charities and officer installation The language of § 3207(C)(4) contains know that the statement would materially Home of Jane Kenney, language which allows depositions to be prejudice an adjudicative proceeding. 141 Lake Aluma Drive, OKC 73121 recorded by other than stenographic means. Attorneys who violate the Code subject Any timidity by this Court to acknowledge themselves to professional discipline. the viability of new technology would frus- We find Rhinehart to be controlling. trate the efficient and economic administra- Although attorneys are subject to discipline All meetings are on the 2nd Thursday of each month tion of justice. Nevertheless, courts in apply- for extrajudical public dissemination of dep- from 11:00 a.m. to 1:00 p.m. ing the Federal Rules of Discovery, of which ositions, others involved in the process are our rules have been taken practically verba- not. Because of the nature of a video deposi- Tentative agenda for each meeting: tim, have agreed that the objection of a party tion, we are aware that the potential for to a video deposition is cause for the trial abuse is greater than for a deposition taken 11:00 a.m. – 11:30 a.m. — Social court to scrutinize the proposal. The by stenographic means. 11:30 a.m. – Noon — Lunch and meeting expressed concern is not only for accuracy Here, the potential for prejudice is espe- Noon – 12:45 p.m. — Guest speaker and trustworthiness of the depositions, but cially acute. Non-contextual, non-sequential also to prevent prejudicing the opposing film clips and sound bytes could be particu- Please RSVP for each meeting party’s interests. We are not persuaded that larly devastating, not only to the specific to [email protected] or phone (405) 447-4466. video depositions must be restricted to pending litigation, but also to the electoral important witnesses who may be unavail- process in general. If this happens, the peti- Membership: able or to some other special circumstance. tioner, a public figure, is without recourse. We find that the trial court did not abuse its Under the principle outlined in New York If you would like to get involved with the Bar Auxiliary, please contact discretion in allowing the motion to take the Times v. Sullivan, 376 U.S. 254,... a public Becky Taylor at [email protected] or (405) 778-7608. videotape deposition. figure cannot recover damages for defama- The petitioner contends that he is entitled tion in the absence of proof of actual malice. Annual Dues: to a protective order because his brother will The standard of actual malice standard Member — $40.00 abuse the discovery process by giving the would require the petitioner to prove that the Associate member (spouses of law school student) — Free videotape to the press. Pretrial depositions press had acted with a high degree of aware- Honorary member (widows of Oklahoma County attorneys) — Free are not public parts of a civil trial. They were ness of probable falsity. To prevent this type *Does not include cost of lunch for each meeting not open to the public at common law and, of possible malignment, and to prevent this in general, they are conducted in private as a case from being tried in the press, a protec- matter of modern practice. Much of the tive order should be issued. www.okcbar.org • March 2014 • BRIEFCASE 23

Abel, Ed Daniel, Daneille Hermes, John N. Metheny, Steve Sewell, Randy Abel, Luke Daniel, Thomas J. Higginbotham, Bobby Miles, Erica Sharpe, Anden Able, Dacia Dansby, Janice Hill, Frank D. Miles, Jon Shears, John Acuna, Mariano Dauphin, Lisa Hiltgen, Cary E. Miles, Suzanne Sheilds, Susan Adams, Ellen Davies, Shannon Hitt, Brion Mitchell, Heather Sherman, J. T. Ahrend, Jennifer Davis, Jackie Hoisington, Robert Mitchell, Jeffrey Short, Susan A. Ailles, Angel Davis, Kenny Holkum, Laura Mitchell, Kara Shuler, Shalene Albert, Victor Davis, Steven C. Holland, Chance Molsbee, Lisa M. Spencer, Mark Armstrong, Harold Dawson, Jack Holmes, Laura L. Monarty, Stephen J. Standard,Matt Austin, Jon DeGiusti, Anthony Holtz, Gina Moore, Jody Stanford II, A. Ainslie Autrey, Joni Denney, Cheryl Homsey, Gary B. Mullen, John E. Stewart, Leasa M. Bailey, Sharon Denton, Penny L. Hopkins, Tyler Mullins, Glen Stinson, Sheila Baker, Brandon H. Derryberry, Darren Houston, Mary Munda, Benjamin Stipe, Amy Barghols, Steve Derryberry, Larry Howell, James F. Murphy, Brooke S. Stockwell, Debi Beech, Johnny Dishman, Jodi Howell, T. P. Murray, Todd A. Stonecipher, Mark K. Beeler, Jeff R. Diver, Heidi Huff, Glen Naifeh, Jr., Robert N. Stringer, N. Martin Bernhardt, Patti Donchin, David Hunter, Cheryl Naifeh, Robert Strong, Roger A. Bialick, Mark Dougtry, Stefan Jamshidi, Shane Nevard, Donald B. Sublett, Scott C. Bishop, Kelly Dragos, Kelly Irish, Jennifer Nguyen, Angela Sullivan, David Blacklee, Charlotte G. Dunagan, Sidney G. Jett, Travis Nice, R. Blaine Sullivan, Kelsie M. Blankenship, J. W. Edem, Emmanuel Johnson, Jennifer Nicklas, Cara S. Sweet, Kyle Bosley, Ann L. Ellis, Ronnie Johnson, Steve Ogletree, L. Earl Tait, Jr., Albert L Bottom, Monty Ensinger, Derek Jones, Cody B. O'Rear, Michael Taylor, Martha H. Bowers, Brock Evans, Tristin Jones, Jake Ottoway, Larry Thach, Sophia Bowersox, Elizabeth Evans, Valerie Michelle Jones, William M. Oubre, Zach Thompson, Carol A. Bowman, Andrew M. Fagala, Lauren Jordan, Courtney Parke, Lindsey Thompson, John M. Branesky, Joanne Fennell, Angie Kalsu, J. Robert Patton, Blake Thompson, R. Scott Branscum, David A. Fiebiger, Karissa Kay, Lauren Paysinse, Megan Timberlake, Sarah J. Brewer, Mike Fields, Roberta Kearney, David L. Pearson, Jackie Tinney, Mike Bromer, Thomas Fischer, Amy Sherry Kelley, Gerald E. Perry, Jessica Tolbert, Mary Brooks, Michael Folger, Mark Kelley, Jo A. Peterson, Brenda Tran, Kelly Brown, Carey Ford, Michael R. King, Eric R. Pierce, Amy J. Tran, Kim Brown, Glenda Fortune, Diana S. King, Jim Pignato, Jerry Trautmann, Victor Bruening, Brandee Fraley, Jerry Kolker, Paul Plourde, Ross Travis, Rex Buchanan, Brandon Freedman, George Krathigo, Jake Portmen, John Trudgeon, Jon H. Buergler, Whitney E. Fugilt, F. Andrew Larby, Nick Powell, Ashley Turner, J. Eric Burnett, LeAnne Gaither, Lynn LaRean, J. Leslie Powell, Courtney D. Turner, Jacqueline Burstein, Daniel R Gardner, Lawn B Lawrence, James K. Powell, Robert P. Van Hooser, Lindsey Butler, David Gayer, Cody Neil Leffel, Lance E. Price, Beth Van Meter, David W. Butler, Staci Geister III, Charles E. Leigh, Chris Pritchett, Jr., E. Edd Van Meter, Kelly Butts, Ben Giles-Caison, Lisa Leonard, Ryan Puckett, Tony G. Vaughn, Carrie Caldwell, Kim Gilley, Sandy LePoint, Janelle Ramblin, Kathaleen Vincent, Evan Carson, Joe Gleim, Kristi Lester, Andy Ratliff, Kevin Walding, Andrew L. Caruso, Toni Glover, Samuel J. Lindsey, Lauren Redman, Caleb Walker, L. Mark Walker, M. Kevin Cheney, James M. Godinez, Dearra Lopez, Fernando Reed, Brenda Walsh, Micky Childres, Anthony T. Goeres, Dawn M. Loving, Susan Remillard, Carri Walters, Joseph Christensen, Adam Goldman, Ed Lynch, Leslie L. Reneau, Dale Ward, C. Todd Christensen, B. Gail Goodman, Jimmy Madock, Steve Renegar, Erin Warner, Kimberly K. Christensen, Cathy Gorden, Cara Maloan, Michael T. Rice, Douglas A. Watts, Charles J. Christensen, Clay Gordon, Kevin Manning, Ashley S. Roberson, Brad Watts, Ellen Martin Christensen, Wade Gossett Parrish, Sarah L. Margo, Robert Robert D. Baron Weathers, Sabre Clark, Curtis Gravitt, Nancy Marrs, Pete Roberts, John Webb, Drew D. Clark, Steven Gray, Elizabeth Martin III, Matthew D. Robertson, Rob Weller, Julie Clemens, R. Lyle Gridley Masters, Paige Roduner, Kathleen Whatley, Nathan Clutts, Sarah Grotta, Jeff McAlester, J. Mark Rogers, Jason White, Amy D. Coldwell, Pam Gruber, Tom McAlister, Karla Rogers, Patricia A. Wiggins, John Coleman, W. Chris Gunn, Andy McAlister, Lloyd G. Rooney, Erin J. Willett, David Williams, Kimberly Combs, Eric Guzzy, J. Christin McCabb, Stephen Rowland, Geremy Williams, Robert Conrad, Candice Haley, Alex McCampbell, Robert Rupert, Kurt Willis, Brett Cook, Lance C. Hall, Adam McCullough, Chris Rush, Sherry Wilson, Ryan Cooper, Tom Hampton, Joe M. McCune Sampson, Megan Winter, Chip Corbyn, George Hanan, Jason McMillin, Michael S. Sanders, Staria Womack, Greg Cox, Angie Hance, Sarah McPhail, David Sayder, Thomas B. Wood, Elizabeth Croll, Billy Harris, Karen Medley III, William C. Schoenhals, Jonathan Woody, C. Russell Crooks, Michael Hart, Philip Merkley, Nick Schwoerke, Nedra Wotham, Michelle Cutaia, Amber Heatly, John Metcalfe, Greg Scott, Elizabeth A. Young, Lori Damnianoska, Trena Henderson, Robert W. Meter, Heary A. Sepkunitz, Jerome S. Zelbst, John P.

COMMITTEE TO KEEP JUDGE THOMAS E. PRINCE - 2014 • CO-CHAIRS DAVID DONCHIN AND DAVID VAN METER, LLOYD MCALISTER, TREASURER, P.O. BOX 1569, EDMOND OK 73083 24 BRIEFCASE • March 2014