Military Section Created • 2012 Committee Involvement Urged

Volume 82 u No. 31 u November 19, 2011

ALSO INSIDE • Annual Meeting Highlights • New Military Section Created • 2012 Committee Involvement Urged

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2705 your business The added protection

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2706 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Theme: Military Law Editor: Dietmar Caudle contents Nov. 19, 2011 • Vol. 82 • No. 31 pg. 2789 Task Force & Heroes Program Praised Departments 2708 From the President 2772 Editorial Calendar 2774 From the Executive Director 2775 Law Practice Tips 2778 OBA Board of Governors Actions 2786 Oklahoma Bar Foundation News 2789 Lawyers for Heroes Features 2795 Access to Justice 2711 A Military Justice Primer for the 2796 Young Lawyers Division Oklahoma Attorney: Groucho Marx 2797 Calendar was Wrong about Military Justice 2799 For Your Information By Robert Don Gifford II 2800 Bench and Bar Briefs 2721 Consumer Protections for America’s Heroes 2804 In Memoriam By Kaleb K. Hennigh 2808 The Back Page 2727 Employment Protection for the Citizen-Soldier By Robert Don Gifford II 2733 Some Recent Developments in Veterans Benefits By Judge Gerald A. Williams 2739 Army Legal Assistance: An Overview of the Free Legal Services that the Army Offers Soldiers and their Families By Andrew W. Scott and Jason G. Varughese pg. 2764 2745 Tulsa County Veterans Annual Meeting Highlights Treatment Court By Judge David Youll 2749 An Alternate Approach to Helping Veterans Plus By Catherine “Catt” Burton 2764 Annual Meeting Highlights 2755 Veterans Administration Benefits 2771 New Military Law Section: By Dalen D. McVay The OBA’s ‘Draft’ – Will You Answer 2759 At Ease: A Guide on Legal Research the Call? Related to Military Issues By Robert Don Gifford II By Darla Jackson 2773 2012 Committee Sign-Up Form

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2707 FROM THE PRESIDENT Thank You Is Not Enough By Deborah Reheard

November is a very busy month for the preparation, the Military Assistance Oklahoma Bar Association, and I am proud to say that lawyers Task Force was assembling numerous and OBA staff have gone above and beyond the call of duty “Clinic In A Box” packages to distrib- once again. ute to county bars across the state that were scheduling veterans legal clinics. We started out the month with the Annual Meeting in Tulsa. The contents of the clinic boxes were It was a year of planning, and we nearly completely revamped financed in part by a generous grant programs from years past. Staff and volunteers put in hundreds from the Oklahoma Bar Foundation. of hours to ensure the success of this year’s Annual Meeting, and Twenty-two counties were represented their efforts were not in vain. Preliminary numbers indicate reg- in clinics held from Weatherford to istration tripled from the previous year. Lawyers who never Idabel and Lawton to Sallisaw and lots thought about attending an Annual Meeting before and lawyers of places in between on Nov. 10 and 11. who had not attended an Annual Meeting in years were there. The number of veterans and service- We line danced, rode the mechanical bucking bull and laughed men and women the Oklahoma Law- out loud at the tales told by NFL Referee Walt Coleman. We lis- yers for America’s Heroes program has tened to the riveting story told by Sgt. Matt Eversmann as he helped is getting close to 1,000 in one relived the events immortalized in the movie Black Hawk Down. short year. And we sat in somber silence as we heard Andrew Card give the chilling details of the That number will events of 9/11 and after. grow as members of Lawyers have a the Oklahoma Army We laughed until we cried as we heard The National Guard 45th Capitol Steps (the group that put the “mock” special skill set Infantry Battalion be- in democracy) satirize current events. Who to help those gin returning. Okla- can ever look at Republican presidential can- homa lawyers will be didate Herman Cain again without hearing who have fought staffing the Yellow the old O’Jay’s tune “Get On The Love Train” Ribbon post-deploy- with the “new” words, “Get On The Love and are fighting ment events in the Cain”? Or not begin hum- for us and when coming months as our ming the ballad sung by Jus- soldiers return home tices Ginsburg, Sotomayor called upon, from their mission in and Kagan of their unrequit- Afghanistan. ed love for Justice Scalia? have not shirked And a big thank Speaking of singing, we from that duty. you to the Oklahoma had standing room only at Bar Journal Board of the President’s Breakfast as Editors for this out- folks crowded in to hear the Martin Luther King standing issue dedicated to legal issues Jr. Unity Choir from McAlester, led by my good facing lawyers representing veterans friend, Loise Washington. They were better than and military members. Lawyers have a a double shot of espresso to get you wide awake special skill set to help those who have and motivated for the day, following up their fought and are fighting for us and gospel-inspired renditions of “What The World when called upon, have not shirked Needs Now,” “Lean On Me” and “Blessed from that duty. President Reheard Assurance” with a medley of “God Bless Amer- practices in Eufaula. ica” and “We Shall Overcome” at the General For all this, I say thank you. Thank [email protected] Assembly. you for your service to our country. (918) 689-9281 Thank you for your service to our pro- But the Oklahoma lawyers did not have an fession. Thank you for your efforts to opportunity to rest on their laurels after such a improve the image of our profession successful Annual Meeting. Simultaneously — one good deed at a time. with all the Annual Meeting planning and

2708 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 OFFIC ERS & BOARD OF GOVERNORS Deborah A. Reheard, President, Eufaula Cathy M. Christensen, President-Elect, Oklahoma City events Calendar Reta Strubhar, Vice President, Piedmont Allen M. Smallwood, Immediate Past President, NOVEMBER 2011 Tulsa Martha Rupp Carter, Tulsa 24-25 OBA Closed – Thanksgiving Day Observed Charles W. Chesnut, Miami 28 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Renée DeMoss, Tulsa Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Gerald C. Dennis, Antlers Glenn A. Devoll, Enid Tulsa; Contact: D. Michael O’Neil Jr. (405) 239-2121 Steven Dobbs, Oklahoma City 30 OBA Clients’ Security Fund Committee Meeting; 2 p.m.; Oklahoma O. Chris Meyers II, Lawton Lou Ann Moudy, Henryetta Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: D. Scott Pappas, Stillwater Micheal Salem (405) 366-1234 David A. Poarch Jr., Norman Ryland L. Rivas, Chickasha DECEMBER 2011 Susan S. Shields, Oklahoma City Roy D. Tucker, Muskogee, Chairperson, OBA/Young Lawyers Division 1 OBA Lawyers Helping Lawyers Assistance Program Training; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Donita Douglas BAR Center Staff (405) 416-7028 John Morris Williams, Executive Director; Gina L. Hendryx, General Counsel; OBA Men Helping Men Support Group; 5:30 p.m.; The Oil Center – Donita Bourns Douglas, Director of Educational West Building, Suite 108W, Oklahoma City; RSVP to: Kim Reber Programs; Carol A. Manning, Director of Communications; Craig D. Combs, Director of (405) 840-3033 Administration; Travis Pickens, Ethics Counsel; OBA Women Helping Women Support Group; 5:30 p.m.; The Jim Calloway, Director of Management Assistance Program; Beverly Petry Lewis, Administrator Center for Therapeutic Interventions, Suite 510, Tulsa; RSVP to: Kim Reber MCLE Commission; Jane McConnell, Coordinator (405) 840-3033 Law-related Education; Loraine Dillinder Farabow, Debbie Maddox, Ted Rossier, Assistant General 7 OBA Appellate Practice Section Meeting; 12 p.m.; Oklahoma Bar Counsels; Katherine Ogden, Staff Attorney, Center, Oklahoma City; Contact: Rick Goralewicz (405) 521-1302 Tommy Butler, Sharon Orth, Dorothy Walos and Krystal Willis, Investigators OBA Law Day Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Tina Izadi Manni Arzola, Debbie Brink, Stephanie Burke, Brenda Card, Morgan Estes, Johnny Marie (405) 522-3871 Floyd, Matt Gayle, Brandon Haynie, 8 OBA Women Helping Women Support Group; 5:30 p.m.; The Oil Suzi Hendrix, Misty Hill, Debra Jenkins, Amy Kelly, Jeff Kelton, Durrel Lattimore, Center – West Building, Suite 108W, Oklahoma City; RSVP to: Kim Reber Debora Lowry, Heidi McComb, Renee (405) 840-3033 Montgomery, Wanda Reece-Murray, Lori Rasmussen, Tracy Sanders, Mark Schneidewent, 9 OBA Communications Committee Meeting; 12 p.m.; Oklahoma Bar Robbin Watson, Laura Willis & Roberta Yarbrough Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: EDITORIAL BOARD Mark Hanebutt (405) 948-7725 Editor in Chief, John Morris Williams, News Oklahoma Association of Black Lawyers Meeting; 12 p.m.; & Layout Editor, Carol A. Manning, Editor, Oklahoma Bar Center, Oklahoma City; Contact: Donna Watson Melissa DeLacerda, Stillwater, Associate Editors: (405) 721-7776 Dietmar K. Caudle, Lawton; Judge Sheila Condren, Claremore; Sandee Coogan, Norman; 14 OBA Justice Commission Meeting; 2 p.m.; Oklahoma Bar Center, Emily Duensing, Tulsa; Erin L. Means, Enid; Oklahoma City; Contact: Drew Edmondson (405) 235-5563 Pandee Ramirez, Okmulgee; Leslie D. Taylor, Oklahoma City; Joseph M. Vorndran, Shawnee; For more events go to www.okbar.org/calendar January Windrix, Poteau NOTICE of change of address (which must be The Oklahoma Bar Association’s official website: in writing and signed by the OBA member), www.okbar.org undeliverable copies, orders for subscriptions THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar or ads, news stories, articles and all mail items Association. All rights reserved. Copyright© 20082011 Oklahoma Bar Association. should be sent to the Oklahoma Bar Association, The design of the scales and the “Oklahoma Bar Association” encircling the P.O. Box 53036, Oklahoma City, OK 73152-3036. scales are trademarks of the Oklahoma Bar Association. Legal articles carried Oklahoma Bar Association (405) 416-7000 in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Toll Free (800) 522-8065 FAX (405) 416-7001 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Continuing Legal Education (405) 416-7006 a month in january, February, March, April, May, August, Septem- Ethics Counsel (405) 416-7055 ber, October, November and December and bimonthly in June and General Counsel (405) 416-7007 July. by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, Law-related Education (405) 416-7005 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- Lawyers Helping Lawyers (800) 364-7886 homa City, OK. 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Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2709 2710 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law A Military Primer for the Oklahoma Attorney Groucho Marx Was Wrong about Military Justice1 By Robert Don Gifford II

“ t is the function of the courts to make sure … that the men and women constituting our Armed Forces are treated as honored mem- Ibers of a society whose rights do not turn on the charity of their military commander … A member of the Armed Forces is entitled to equal justice under law not as conceived by the generosity of a commander but as written in the Constitution.” — Justice Douglas, 1968

THE CLIENT — SORT OF … While you are aware that “civilian” attorneys can represent military clients in a court-martial, With the smells of autumn still lingering in the and before you can remind Jerry that your air, the sounds that accompany it in “Small Town, knowledge of military law is limited to the America” reverberate on a crisp Oklahoma Friday movie A Few Good Men, Jerry “can’t handle the night. It’s football season. You warm your hands truth.” He tells you he’ll be at your office in the on the booster club hot chocolate as you watch morning with Wayne to discuss the case, and to your hometown team battle for glory and brag- have the coffee ready. ging rights under those “Friday Night Lights.” Naturally, that is when your cell phone rings. “Jerry, listen to me…” you begin, but you are interrupted with a click of the phone. You make a Without looking at the incoming phone num- mental note of the time on your watch; take a sip ber, and before you can say “Hello,” you are of hot chocolate, while the sounds of the game cut-off with a bellowing and graveled-voiced disappear into the backdrop of your mind. “Counselor! It’s me, Jerry. I need some quick advice for my second ex-wife’s third cousin’s As you ponder the array of questions to son, Wayne, who joined the Army last month.” come, the range of questions begins to awaken Jerry is your erstwhile client that has allowed your “issue-spotting” senses. This is where we you to guide and counsel him through divorce(s), begin … DUIs, battles with the IRS, bankruptcy and land THE ARMED SERVICES AND OKLAHOMA deals gone bad. As you recall Jerry’s unpaid bills, Jerry’s bellowing voice interrupts those The Sooner State has a proud military history. thoughts with the conundrum that Wayne is in. Fort Sill, Tinker Air Force Base, Vance Air Force As it turns out, Wayne may be in the Army — Base, Altus Air Force Base, as well as numerous but he is not with the Army. “Private” Wayne is storied reserve and National Guard units grace “AWOL” from basic training at Fort Sill, and sit- the Heartland (i.e., the 95th Infantry Division’s ting with Jerry at Booger Red’s Watering Hole. “Iron Men of the Metz” and the 45th Infantry

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2711 Division). Oklahomans have played significant The American system of courts-martial is roles in military history that range from Brig. older than our civilian court system. Courts- Gen. Stand Watie of the Cherokee Braves in the martial are courts of special and limited juris- Civil War to the Comanche code-talkers in diction that derive their authority from the U.S. World War II to Adm. William Crowe’s service Constitution,5 the Uniform Code of Military as the chairman of the Joint Chiefs of Staff to Justice (UCMJ) and the Manual for Courts- Maj. Gen. Clarence Tinker’s death at the Battle Martial.6 The genesis of our system was derived of Midway to most recently Gen. Dennis from the British Code of 1765 with the Articles Reimer’s service as the Army Chief of Staff and of War. While the Articles of War governed the Gen. Tommy Franks’ command over Central Army, the Navy operated from a completely Command and the war in Afghanistan and different system known as Articles for the Gov- Iraq. In addition, a multitude of Oklahomans ernment of the Navy or “Rocks and Shoals.” proudly serve at nearly every military installa- When the armed services unified under the tion in the world in every branch of service. Department of Defense in 1947, efforts began While each respective branch of service has for a uniform code that would cover all of the 7 its own attorneys in uniform serving as mem- branches of service. The Uniform Code of 8 bers of the Judge Advocate General’s Corps, Military Justice was enacted and signed into servicemembers often turn to civilian counsel law in May of 1950 by President Truman with when accused of a court-martial offense. Thus, the Manual for Courts-Martial following in 1951. a working knowledge of the military justice Significant reforms came after the Korean and system presents a great opportunity to expand Vietnam conflicts and again in 1983 with the a practice and possibly help an underserved Military Justice Act and Executive Order by population. Ronald Reagan adopting the Manual for Courts- Martial, 1984. The controversial court-martial of Edmond’s The legality of courts-martial has long been 1st Lt. Michael Behenna, the pending Wikile- established with the 1857 decision in Dynes v. aks case against former Crescent resident Pfc. Hoover in which the U.S. Supreme Court made Bradley Manning and the case against Maj. it clear that Article I of the Constitution gave Nadal Hasan of the Fort Hood shootings, Congress the power to provide for the trial and which is being led by OBA member and Uni- punishment of military offenses.9 versity of Tulsa College of Law graduate Col. Michael Mulligan, are prime examples of how PLAYERS IN A COMMAND-DRIVEN quickly the operation of the military justice SYSTEM system captures public attention. Military law … is a jurisprudence which exists Tellingly, media coverage and public commen- separate and apart from the law which governs in tary about these cases revealed many misunder- our federal judicial establishment. 2 standings of the military criminal justice system, — Chief Justice Vinson, Burns v. Wilson, including the widespread belief that members of 346 U.S. 137, 140 (1954) our armed forces do not enjoy the same constitutional protections that they are sworn to defend. The military justice system has a number of In actuality, the rights guaranteed to service- players that are not normally found in its civil- members in the pretrial, trial and post-trial ian counterparts. Unlike the civilian criminal stages are probably more protective than the justice system where the discretion to prose- rights granted individual citizens in both the cute usually lies with the state, federal, tribal or civilian federal and state court systems.3 city prosecutor, the initial charging decision typically lies with the accused’s commander, ORIGINS OF THE SYSTEM who is almost assuredly a non-lawyer. That “Military music, be it the skirl of Scottish bag- commander, who has the benefit of non- pipes, the long roll of the drums or the blare of binding advice from a judge advocate (a uni- bugles sounding the charge, was originally intended formed attorney), has the options of choosing no punishment, a letter of reprimand, non- to inspire troops in battle and to hold them to their 10 duty. Likewise . . . the military justice system was judicial punishment, administrative separa- tion11 or some form of court-martial. Of the also designed for the battlefield.” various types of military tribunals, the general — Col. Harry G. Summers Jr.4 court-martial is the highest.12 A servicemember

2712 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 may only be sent before a general court-martial JURISDICTION AND DOUBLE JEOPARDY by order of the General Court-Martial Conven- Members of the military are subject to over- ing Authority (GCMCA),13 the military officer lapping jurisdiction; thus, they are expected to who has authority over “felony-level” miscon- comply with the UCMJ in addition to state and duct concerning members of his or her com- 20 14 federal laws. The need for a separate justice mand. For example, at Fort Sill, the com- system arose out the necessity for good order manding general serves as the GCMCA. and discipline in the armed services and the While the decision to charge, also called “pre- need for a system of military law with world- ferral” of charges, lies with the commander, wide jurisdiction.21 As a part of the good order negotiating with the trial counsel over an appro- and discipline, military-specific crimes are nec- priate disposition is an avenue that cannot be essary with offenses such as absence without ignored. Convincing a commander not to pros- leave (AWOL), dereliction of duty, conduct ecute is only half the battle; if the trial counsel is unbecoming of an officer, disobedience, adul- unconvinced, he or she can easily undermine tery, malingering, mutiny, insubordination, defense counsel’s efforts by elevating the argu- contempt toward officials (i.e., the president), ment to a higher (and less sympathetic) com- subordinate compelling surrender, etc. mander. Likewise, the trial counsel can help Jurisdiction of a court-martial depends solely “sell” a deal to a reluctant commander. on an accused’s status as a member in the While both the trial counsel and the defense armed forces, not the location or “military counsel are both members of the Judge Advo- nature” of the crime.22 The crimes subject to cate General’s Corps of their respective armed military justice include any crime contained in service’s branch,15 the appointed military the UCMJ, as well as those incorporated defense counsel in most of the services is a part through the penumbra of the Assimilated of a “stovepipe” organization independent of Crimes Act.23 16 commanders of the military installation. This Those subject to the UCMJ include enlisted protects military defense counsel from being personnel, commissioned officers, inductees, reprimanded, criticized or suffering in their cadets, retirees,24 persons in military custody, career progression for zealously defending prisoners of war, reservists on active duty sta- their clients.17 While the trial counsel usually tus, and even civilian personnel accompany- may have other duties as legal advisors to coming the armed forces in the “field” in time of manders, the defense counsel is able to focus war or when martial law is declared. Mem- solely on criminal defense. It also noteworthy bers of the National Guard are subject to the that even if a military accused retains civilian UCMJ when they are in federal status;25 other- counsel, he will also can keep the military law- wise, they are subject to their respective state yer as well. This “free” co-counsel provides military codes when they are on active duty in many benefits with relationships with oppos- their state status.26 ing counsel, the judge, as well as any recent changes in military case law. The UCMJ is applicable both on- and off-post; the military may also have concurrent jurisdic- Prior to the Military Justice Act of 1968,18 the tion with local law enforcement, leading to pros- “judge” in a court-martial did not have to be a ecution by both entities. Even if the state does lawyer. Under the current system, however, choose to prosecute, double jeopardy does not not only is the military judge a lawyer, he or preclude the military from prosecution due to its she is actually a criminal law specialist, as there status as a separate sovereign.27 is no system of civil courts in the military.19 A military judge is usually a senior judge advo- However, the Fifth Amendment, the UCMJ cate with proven experience in military crimi- and the Manual for Courts-Martial protect a ser- nal justice. In comparison, a new civilian judge vicemember from being tried twice for the federal may reach the judiciary without any exposure same offense in district court and by a court-martial. The Air Force has extended this to criminal practice. Now that we have a famil- protection to trial by state courts as well,28 and iarity with the personnel involved, we address the Army has adopted the policy that prosecu- the threshold question of jurisdiction over a tions will not “ordinarily” be tried by court- servicemember. martial or punished by the UCMJ for an same act already punished by civilian state courts.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2713 PRE-TRIAL CONFINEMENT resemblance to Oklahoma’s preliminary hearing.41 The Arti- The Manual for Courts-Martial The UCMJ is cle 32 pretrial investigation provides that pre-trial confine- accomplishes several things. ment should be used only as a last applicable both on- Among them is protection of resort.29 A unique factor for mili- the servicemember from base- tary members is that even while in and off-post; the less charges,42 early defense military confinement, an accused discovery43 and assisting the continues to receive full pay and military may also have convening authority in deter- allowances, and will have a job to mining whether or not to refer return to if released. Family mem- concurrent jurisdiction (send forward) charges to a bers who are dependent upon the general court-martial, recom- servicemember also continue to with local law mend dismissal or to utilize a receive the same housing and lesser disposition (letter of rep- other benefits that other military enforcement, leading rimand, etc.). dependents receive. to prosecution by The Article 32 hearing is Even though there is no system unique in that it is an open of bail in the military, a service- both entities. hearing at which the accused member does receive the same and counsel are not only pres- Fourth Amendment protections ent44 but have the right to cross- as he would as a civilian.30 A ser- examine adverse witnesses45 vicemember may only be put into pretrial con- and even to present a defense. In contrast, fed- finement if the commander believes that: 1) eral grand juries do not afford the right to a probable cause exists that an offense has been defendant to appear with counsel, to testify, to committed under the UCMJ; 2) the accused cross-examine witnesses and/or present a committed it; and 3) confinement is necessary defense. Oklahoma is among the 12 states to to ensure appearance at trial or will engage in permit at least some witnesses to have counsel serious misconduct.31 It must also be shown with them in the grand jury room.46 that lesser forms of restraint would be inade- quate.32 The fact that the servicemember is a The Article 32 is limited in that the findings “pain in the neck” to the command does not of the investigating officer is only a recommen- suffice.33 dation, and may be ignored by the convening authority.47 That advisory opinion by an Article When the servicemember is placed in mili- 32 investigation officer is contrasted with a tary confinement, three reviews take place. The finding by a special judge or federal magistrate first is by the commander of the servicemem- at a preliminary hearing or refusal to indict or ber,34 with the assistance of trial counsel. This return a true bill by a grand jury. must take place within 48 hours,35 and is followed by a 72-hour review of the pretrial con- An officer, who is usually not a lawyer, confinement if the confinement was not ordered ducts the Article 32 pretrial investigation. The by the servicemember’s commander. A mili- investigating officer will review evidence and tary magistrate, who is usually a neutral and will call any witnesses he wants, as well as any detached judge advocate, conducts a second witnesses or evidence requested by the prose- review.36 An appeal of this review may be made cution or defense. With the exception of a lim- to the military judge. ited set of rules on privileges, interrogation ARTICLE 32 INVESTIGATION and the rape-shield rule, the military rules of evidence do not apply at this hearing. All testi- The Fifth Amendment right to a grand jury mony is taken under oath with the exception indictment, by its express terms, is not appli- that an accused may testify through an unsworn cable to servicemembers,37 just as it does not statement. Like the state court system,48 the require indictment by grand jury in state burden of proof for the government at this courts.38 In the place of the grand jury, the mili- hearing is much lower.49 tary provides that an individual may not be tried by general court-martial unless there has been a thorough investigation.39 The Article 32 pretrial investigation has been compared to a civilian grand jury investigation40 and bears

2714 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 TRIAL PROCEDURE imous vote is when the death penalty is sought.57 A unique factor of the military courts is that “You should never wear your best trousers when there are no “hung juries,” as found in civilian you go out to fight for freedom and liberty.” courts. Voting is done by secret, written ballot, — Henrik Ibsen and although court-martial members are usually of different ranks, they are not permitted to use A general court-martial is very similar to a superiority of rank to pressure another panel civilian criminal trial. Gone are the days of member. While the traditional voir dire may saluting in court. Contested motions and for- occur with the removal of panel members pur- mal arraignment are held on the record in the suant to peremptory strikes or for “cause,” a courtroom in “Article 39(a) sessions.”50 At the quorum can be declared with as little as five arraignment portion of the Article 39(a) ses- members sitting for a general courts-martial. sion, the accused must state on the record his plea, choice of counsel and the forum to decide GUILTY PLEAS AND SENTENCING his case. In the military, guilty pleas are handled quite An accused has the right to either have his differently from the plea practice in civilian case decided by either judge alone or by a jurisdictions. While the Supreme Court has “panel.”51 The panel members are also mem- held that a defendant may constitutionally bers of the military (“peers from the same com- plead guilty prior to the sentencing proceed- munity”), appointed to this special duty by the ing,58 and most civilian courts allow a plea of convening authority. The panels selected are nolo contendere or “no contest,” a military normally mature and responsible officers with accused must enter a plea of either “not guilty” long military command experience. If the or “guilty.” Before a judge can find an accused accused is enlisted, he is also entitled to either guilty, he must go through a lengthy and in- have a panel of all officers or a panel consisting depth “providence inquiry” to make sure the 52 of one-third enlisted personnel. An accused accused is factually guilty and that there are no and his counsel will have the opportunity to possible defenses.59 The “providence inquiry” voir dire the panel members for any prejudices, (allocuation) by the trial judge is quite exten- and can challenge members for cause or use sive and often lasts several hours. the one peremptory challenge to exclude any member for any reason. Another nicety for the military accused is the unique handling of the pretrial agreement. The The trial on the merits portion of the case is deal is a binding ceiling.60 If the trial judge or much like a civilian case. After a selection of panel imposes a lesser sentence than the cap panel members, both sides may give opening agreed upon, the accused gets the benefit of the statements, present witnesses and evidence, be lesser sentence. If the sentencing authority allowed to cross-examine, call rebuttal wit- imposes a harsher sentence exceeding the pre- nesses and give closing arguments. Also like civilian courts, the rules of evidence do apply. trial agreement, then the sentence must be The Military Rules of Evidence mirror the Fed- reduced to the limits that were agreed upon in eral Rules of Evidence53 with minor variations. the deal. This provides a great opportunity to “beat the deal.” In the civilian sector, the pros- PANELS (I.E., THE JURY) AND VERDICTS ecutor can at most only agree to make a spe- F. Lee Bailey, the renowned (former) trial cific non-binding recommendation on punish- lawyer and former Marine officer, has called ment to the judge. the military panel a “blue ribbon” jury with a At sentencing the trial court holds an open guarantee of various viewpoints. Whereas an sentencing hearing rather than relying on a Oklahoma civilian jury on a state case and written pre-sentence report. While the Manual federal jury members are selected by voter for Courts-Martial provides for a maximum 54 registration rolls or lists of actual voters, the punishment for each crime, most military convening authority picks military court 55 crimes do not carry minimum penalties and members based upon age, education, train- there are no sentencing guidelines such as ing, experience, length of service and judicial those in the civilian federal system. The rules temperament. of evidence are relaxed to some extent for the The verdict of a court-martial may be less defendant, and an accused and counsel may than unanimous.56 The one exception for unan- have personal attendance of various witnesses,

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2715 at government expense, to speak about the most likely a non-lawyer, hears all the evi- defendant’s background, character, potential dence and determines whether the soldier is for rehabilitation, and good military and civil- guilty or not guilty. ian record. An Article 15 is an expeditious means to han- Should the servicemember be found guilty, dle infractions not warranting the time and the sentence normally starts the day it is expense of a court-martial. In other words, it is announced. The convening authority, not the not a trial. Most importantly, a finding of guilt military judge, has the power to defer the sen- and its punishment under Article 15 does not tence, but, regardless of appeal, the service- result in a “conviction,” nor does it give a sol- member should have all affairs in order.61 dier a criminal record. A court-martial conviction, on the other hand, can become a part of the APPEALS permanent record that will follow a soldier for Another benefit enjoyed by the military the rest of his or her life. Even though it pre- accused is the multiple “bites at the apple” in vents the stigma of courts-martial and gives a appellate rights. If an accused is convicted, the second chance to offenders, it can be detrimen- rules for court-martial once again provides free tal to the careers of senior enlisted and officers. 62 counsel on appeal regardless of indigence. Servicemembers facing an Article 15 always The military counsel on appeal is a different have the option of accepting the offered Article individual than the military counsel at trial, 15, or refusing it and choosing a court-martial thus serving as a check on the effectiveness of instead. The one exception that prevents a ser- the counsel at the trial level. Unlike civilian vicemember from turning down an Article 15 courts, the military appellate courts have the and requesting courts-martial, is when a ser- plenary authority to review de novo both the vicemember is “attached to or embarked on a 63 findings (legal and factual) and the sentence. vessel.” The first opportunity at an appeal is through The maximum punishments are based upon a request for clemency from the one who the rank of the imposing commander. There authorized the court-martial in the first place, are basically four types of punishments: 1) the convening authority. The convening author- Reduction in grade, unless the accused soldier ity can reduce the punishment or throw out the is above the grade of E-6 or an officer; 2) Loss conviction in toto.64 The servicemember has one of liberty to include extra duty, restriction and appeal as a matter of right to each of the respec- even correctional custody; 3) Forfeiture of pay tive service’s Court of Criminal Appeals. After which is based on grade to which reduced and that, the appeal may be taken to the U.S. Court whether or not the reduction is suspended (for- of Appeals for the Armed Forces, which is feiture may even be applied against a soldier’s composed of civilian judges.65 As the court of retired pay); and 4) Admonition and repri- last resort, the service member may petition mand. the U.S. Supreme Court, on application for writ of certiorari, to hear the case.66 CONCLUSION NON-JUDICIAL PUNISHMENT — If I were an officer, I am convinced I should be the ARTICLE 15 most decisive disciplinarian in the Army. … Disci- pline in an Army is like the law in a civil society. One of the most common occurrences in There can be no liberty in a commonwealth where military justice is the imposition of punish- the laws are not revered and most sacredly observed, ment under Article 15, Uniform Code of Mili- nor can there be happiness or safety in an army for tary Justice. Depending on the branch of ser- a single hour when discipline is not observed. vice, it is also referred to as “NJP,” “Captain’s Mast” or even “Office Hours.” Article 15 of — John Adams the UCMJ authorizes a commander to impose An accused facing court-martial has the ben- nonjudicial punishment upon any member of efit of broad legal rights — sometimes broader his or her command with the purpose is to than is constitutionally required. However, correct, educate and reform “offenders” and due to the unique disciplinary needs of mili- to dispose of minor offenses without the stig- tary service and the need for a worldwide ma of a court-martial conviction. It is “nonju- military judicial system, a separate system of dicial” in the sense that a commanding officer, justice for the military must exist.

2716 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Civilian counsel should not exclude them- aware of these lesser forms to effectively plea bargain if necessary to help prevent a conviction on the servicemember’s record. selves from the battlefield of military justice 15. The Coast Guard uses the term “Law Specialists,” but is the merely because they are not members of the equivalent to the JAG officers in the other services. The exception is that Coast Guard Law Specialists are all line officers and are not a part military themselves. A civilian attorney retained of a separate “corps.” to assist a member of the armed forces at court- 16. The Air Force created an Area Defense Counsel program, the Army has a Trial Defense Service, and the Navy has a Legal Services martial has a golden opportunity to discover a Command. See United States v. Davis, 20 M.J. 61 (C.M.A. 1985); United unique legal specialty. States v. Nicholson, 15 M.J. 436 (C.M.A. 1983). 17. UCMJ, Article 37(b), 10 U.S.C. §837(b). With these starting points, a diligent attorney 18. Military Justice Act of 1968, Pub. L. No. 90-632, 82 Stat. 1335 (1968). can effectively represent any servicemember. 19. The military judge is usually a senior military attorney appoint- This representation may not only be a lucrative ed by and working directly for the judge advocate general, and thus independent of any local military chain of command. See UCMJ Art. 1 and challenging addition to the attorney’s & 26, 10 U.S.C. §§801 & 826. practice, but an opportunity to provide a valu- 20. In 1950 Congress exercised its power to provide one statute to able service to those who defend America. govern the armed forces. It is currently codified at 10 U.S.C. §§801-946. There are 145 articles in the UCMJ. The individual sections are commonly referred to by their enumerated article, e.g. Article 134. 1. “Military justice is to justice what military music is to music.” – 21. The legal basis for the military justice system originates from Julius Henry “Groucho” Marx. Marx allegedly borrowed the phrase the U.S. Constitution, Article I, section 8, clause 14: “The congress shall from French Premier Georges Clemenceau’s reference to the notorious have the power...[t]o make Rules for the Government and Regulation Dreyfus trial of 1895. See L.H. LaRue, What is the Text in Constitutional of the land and naval Forces.” Law: Does it Include Thoreau?, 20 Ga. L. Rev. 1137, 1142 n.2 (1986). 22. In Solorio v. United States, 483 U.S. 435 (1987), the Supreme 2. The dissenting Supreme Court justices in U.S. v. Solorio, 107 S. Ct. Court held that jurisdiction of a court-martial depends solely on the at 2924 (1987), stated that the ruling that found that a crime committed accused’s status as a member of the armed forces. by a service member did not have to be “service connected,” would 23. 18 U.S.C. §13. Applicable state crimes not codified in the UCMJ “sweep an entire class of Americans beyond the reach of the Bill of may be incorporated through the Assimilated Crimes Act and Article Rights.” 134 of the UCMJ. 3. It is “a system of military justice that is notably more sensitive to 24. Army Regulation 27-10, Chapter 5, para 5-2 proscribes the policy due process concerns than the one prevailing through most of our not to try retirees unless extraordinary circumstances are present. country’s history....” Justice Ginsburg, concurring in Weiss v. United 25. 10 U.S.C. §672. States, 510 U.S. 163, 194 (1994). 26. 44 O.S.A. §3112, etc. 4. Civilianizing the Military Justice System, December ’98 Vietnam 27. Army Regulation 27-10, Military Justice, para 4-2, provides that Feature, found at www.thehistorynet.com/Vietnam/articles/1998/ a soldier ordinarily will not be tried by court-martial for the same act 1298-side.htm. over which a civilian court has exercised jurisdiction. 5. Article I, section 8, clause 14 (“The Congress shall have Power … 28. Air Force Regulation 51-201. [t]o make Rules for the Government and Regulation of the land and 29. R.C.M. 305(h)(2)(B)(iii)(b). There is no opportunity for bail in naval Forces”); Article II, Section 2 (“The President shall be Com- the military. A military accused continues to receive pay and military mander in Chief of the Army and Navy of the United States . . ..”). benefits while he is confined, thus the rationale justifying the allow- 6. R.C.M. 201-204. ance of bail in the civilian sector is not a concern for the military mem- 7. The Marine Corps became part of the Navy by virtue of the Act ber in pre-trial confinement. of June 30, 1834. Thus the Marine Corps was governed by the Articles 30. Courtney v. Williams, 1 MJ 267, 271 (C.M.A. 1976). for the Government of the Navy (aka “Rocks and Shoals”) until the 31. R.C.M. 305(d) discussion. enactment of the UCMJ. The Navy JAG Corps was established in 1967. 32. R.C.M. 305(h)(2)(b)(iii)(a). The Coast Guard, established in 1790 as the Revenue Cutter Service 33. United States v. Heard, 3 M.J. 65 (C.M.A. 1977). within the Department of Treasury, is now a part of the Department of 34. R.C.M. 305(h)(2). Transportation and the smallest of the Armed Forces. 35. U.S. v. Rexroat, 38 M.J. 292 (C.M.A. 1993), Court found the 48 8. 10 U.S.C. §§801-946. hour review requirement of County of Riverside v. McLauglin applied to 9. Dynes v. Hoover, 61 U.S. (20 How.) 65, 79 (1857). the military as well. 10. The drafters of the Uniform Code of Military Justice (UCMJ) 36. The magistrate’s review must take place within seven days of recognized a commander’s necessity to punish minor offenses by pro- the imposition of confinement. R.C.M. 305(i)(1). mulgating a means to adjudicate offenses quickly without going to 37. U.S. Const. amend. V. “No person shall be held to answer for . court-martial. Also known as “Captain’s Mast,” “NJP” and “Office . . (a) crime, unless on a presentment or indictment of a Grand Jury Hours” in the other armed services, Article 15 of the UCMJ and its except in cases rising in the land or naval forces, or in the Militia, when provisions are located in the MCM at Part V, 10 U.S.C. §815, as well as in actual service in time of War. . . .” Chapter 3 of AR 27-10 for the Army. 38. Hurtado v. California, 110 U.S. 516 (1884). 11. Army administrative actions include, but limited to formal and 39. An accused servicemember can waive his right to an Article 32 informal counseling (AR 600-20 and 635-200), para 1-18), corrective Investigation for strategic purposes and/or as a tool in plea negotiations. training (AR 600-20, para 4-6b), revocation of pass privileges (AR 600- 40. Okla. Const. Art. II, §18, 22 O.S.A. §351, et al., Rule 6 of the 8-10, chap 5, section XIV), Letters of Reprimand (AR 600-37, AR 25-400- Federal Rules of Criminal Procedure. 2, para B-80), Bar to Reenlistment (AR 601-280), Removal from the 41. 22 O.S.A. §258. Promotion List (AR 600-8-19, para 3-28 and 4-18), Administrative 42. Talbot v. Toth, 215 F.2d 22 (D.C. Cir. 1954); See Gaydos, “A Reduction of Rank (AR 600-8-19, chap 6), and Personnel Separations- Comprehensive Guide to the Military Pretrial Investigation,” 111 Mil. L. Enlisted Personnel (AR 635-200). Rev. 49 (1986). 12. As well as the adverse administrative and non-judicial punish- 43. U.S. v. Roberts, 10 M.J. 308 (C.M.A. 1981); R.C.M. 405(a) discussion. ments that servicemembers are subject to, there are also Summary 44. R.C.M. 405(f)(3). Courts-Martial (no punitive discharge and limit on confinement), 45. R.C.M. 405(g). Special Court-Martial (also known as a “straight special”), and Bad- 46. 22 O.S.A. §355. Conduct Discharge (BCD a.k.a. “Big Chicken Dinner”) Special Court- 47. Green v. Widdecke, 19 C.M.A. 576, 42 C.M.A. 178 (1970). Martial (limited to a BCD and six months confinement). The GCM can 48. State v. Weese, 625 P.2d 1181. award any authorized punishment, including death in capital cases. 49. The burden of proof is comparable to probable cause. The GCM requires a military judge, at least five panel (jury) members, 50. UCMJ, Art. 39(a). trial and defense counsel. See UCMJ Art. 16 and 18, 10 U.S.C. §§816 51. “Panel” is a military term of art for a jury. and 818. 52 UCMJ Art. 25(c), 10 U.S.C. §825(c). 13. A “commander” is the commanding officer of certain military 53. The federal rules are applied in all civilian federal trials and in units. See 10 U.S.C. §822 (1988). at least 27 state courts. 14. The military has many different forms of punishment — administrative, judicial and non-judicial. The civilian practitioner should be

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2717 54. The Jury Selection and Service Act of 1968 (“JSSA”) codified at 28 U.S.C. §§1861-1878 (1994), is to implement the Sixth Amendment’s fair-cross-section requirement. About The Author 55. UCMJ 25(d)(2), 10 U.S.C. §825(d)(2). 56. The Supreme Court has ruled that juries of fewer than six mem- Robert Don Gifford is a lieu-

bers are unconstitutional, see Ballew v. Georgia, 435 U.S. 223, 245 (1978), and that six person juries must return unanimous verdicts, see Burch v. tenant colonel in the U.S. Army Louisiana, 441 U.S. 130 (1979). In the military arena, the court has not Reserve serving as the staff reconsidered its 1942 validation of military panels in Ex Parte Quirin, 317 U.S. 1 (1942). Therefore, military jury panels may consist of only judge advocate for the 95th five members, see 10 U.S.C. §829(b) (1988), and may deliver less-than- Training Division at Fort Sill; unanimous verdicts. Sentences of death require a unanimous panel vote, sentences of more than 10 years of confinement require a three- an assistant U.S. attorney in fourths vote among panel members, and all other sentences require Oklahoma City; and an adjunct two-thirds vote. See 10 U.S.C. §852. 57. UCMJ, Art. 52, 10 U.S.C. §852. law professor at Oklahoma City 58. North Carolina v. Alford, 400 U.S. 25 (1970). University School of Law teach- 59. R.C.M. 910(c). 60. R.C.M. 705(b). ing military and national security law. The views 61. UCMJ Art. 57, 10 U.S.C. §857. expressed herein are those of the author, and do not 62. R.C.M. 1202, 1204(b)(1), and 1110(b). necessarily reflect those of the Department of Justice 63. UCMJ Article 66(c), 10 USC §866(c). 64. UCMJ Art. 61, 66-67a, 10 U.S.C. §§861, 866-867a. or the Department of the Army. 65. This three-member judiciary is nominated by the president and confirmed by the Senate, however not tenured because the CAAF is an article I court in contrast with the civilian article III courts. 66, This right was initiated with the Military Justice Act of 1983, and codified at UCMJ art. 67(h); see also R.C.M. 1205.

The Association of Black Lawyers Presents: A Day at the COURTHOUSE

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Come hear Supreme Court Justice December 16, 2011 8:30 a.m. – 3:50 p.m. Noma Gurich, Judge Vicki Miles- 6 Hrs. of CLE pending including 1 hr. of ethics LaGrange, Judge Bryan Dixon, Judge Kenneth Watson, Cost - $100 for every person registered at least Judge Edward Cunningham 4 days prior to event. Extra $25 at the door. and Public Defender Robert Ravitz Space is limited. Lunch provided for those on a variety of topics concerning pre-registered. civil and criminal law. Please send registration and fee to ABL-CLE c/o Kysha M. Williams, Williams Law Office 5909 NW Expressway, Suite 206, Oklahoma City, OK 73132 or email [email protected]. For questions, please call 405-603-5961. Please send registration and fee to ABL-CLE c/o Kysha M. Williams, Williams Law Office 5909 NW Expressway, Suite 206, Oklahoma City, OK 73132 or email [email protected] For questions, please call 405-603-5961. 2718 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Matrix Service Inc. is a progressive heavy industrial contractor providing services to the oil, gas and power industries throughout the United States and in Canada. We are currently accepting applications for the following position: STAFF ATTORNEY • Bachelor’s Degree in a Business, Construction, Human Resources, Safety, or other related field; • Juris Doctorate Degree from an ABA accredited law school; • License to practice law, in good standing, in the requisite location; • 5 years legal experience, with an emphasis in Construction industry and contract administration, or an equivalent, as it relates to the job as determined by management; • Ability to work independently, yet part of a Team, where direct management and other Team members office out of various remote locations; • Strong analytical skills, with the ability to gather and weigh facts and information from many sources, draw conclusions and make recommendations to management; • Demonstrated ability to work effectively with individuals at all organizational levels, both internally and externally; • Ability to assess business risk in varying situations and make associated recommendations to minimize overall risk to the company; • Strong written and oral communication skills as required to interface with customers and subcontractors. • Ability to work on/manage multiple priorities simultaneously, work with frequent interruptions and meet established deadlines; and • Proficient computer skills, including experience with Microsoft Word, Excel, Outlook, and the Internet.

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Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2719 2720 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law Consumer Protections for America’s Heroes An Overview of the Servicemembers Civil Relief Act By Kaleb K. Hennigh

he brave men and women on active duty serving in the armed forces provide citizens of the United States safety Tand security from threats of harm whether those threats are foreign or domestic. The time and energy our servicemembers devote to their own country at home or abroad can easily com- promise their ability to satisfy personal and family contractual and financial obligations. Perhaps even more important and of greater concern is the fact that active military service can impede a servicemember’s access to justice and adversely affect their civil rights. Consumer protection is important to all; however, it can become a matter of national security if our active servicemembers become distracted with domestic obligations while engaged in military service. Fortunately, there is some relief for active duty servicemen and servicewomen found in the Servicemembers Civil Relief Act (SCRA).1 This article is designed to provide general practitioners a brief overview of the protections and applicability offered to active servicemembers.2

BRIEF HISTORY a civil action. In 1940, the 1918 act was revised to address court interpretations to expand the pro- Recognizing the need to protect servicemem- tections to other servicemembers, and renamed bers is certainly not a novel idea. In fact, our the Solders’ and Sailors’ Civil Relief Act (SSCRA). Congress has established various policies of pro- Further court interpretations and societal chang- tection for these men and women since the Civil es led to additional alterations of the law and to War. Policies have ranged in scope and direc- the ultimate creation of the Servicemembers tion. There existed a blanket policy of absolute Civil Relief Act (SCRA) as we know it today, and moratoriums on any civil actions against sailors signed into law by President George Bush in and soldiers during the Civil War. In 1918, the December 2003. The overarching policy is cer- original Soldiers’ and Sailors’ Act was enacted to tainly to protect our servicemembers’ civil liber- direct courts to take action as equity required ties while they are on active duty. Courts have when a servicemember’s rights were at stake in

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2721 arguably maintained this position and SCRA’s the rental rate does not exceed a maximum interpretation should be read favorably for rental rate, as determined by statute.8 When those servicemembers as the U.S. Supreme evaluating the applicability for relief from evic- Court has directed that the prior act be read tion it must be determined that the member’s “with an eye friendly to those who dropped service duties have materially affected the abil- their affairs to answer their country’s call.”3 ity to make timely rent payments. There is a statutory maximum monthly rental rate for LEGAL PROTECTIONS AFFORDED this protection that is based on a sliding for- When seeking to utilize the SCRA, it is mula; said current maximum monthly rental important to understand its applications and amount for 2011 is $2,975.54. limitations. The act controls civil litigation The second protection SCRA provides ser- seeking remedies against members of the vicemembers regarding lease agreements is an armed services. SCRA applies to all U.S. court ability to prematurely terminate residential or administrative hearings and includes all and other personal property leases that 1) were states and political subdivisions.4 Anything signed prior to the member entering active from domestic and custody matters to state duty; and 2) have either been occupied by or in permitting and license revocation hearings are use for a servicemember or dependent thereof. covered by SCRA. One limitation can be taken directly from its name; the act is limited to civil actions involving servicemembers. Criminal matters and appearances, although likely to be continued when a servicemember is heeding his or her country’s call, are not controlled by When seeking to utilize SCRA.5 An application that many might not realize or recognize is that the act can even the SCRA, it is important to apply to non-servicemembers. Dependents such as spouses and children can receive relief understand its applications under the act as well as anyone else who can establish a dependency of over 50 percent of and limitations. one’s support for a six-month period prior to seeking SCRA relief.6 SCRA applies to termination of residential A servicemember can terminate any lease and personal property leases, controls interest affecting a dwelling, profession or business, rates, stays court proceedings and can even agriculture or similar lease signed by the ser- prevent states from effectively increasing vicemember or his or her dependent prior to the income tax rate brackets for nonmilitary spous- entry of active duty,9 as well as those leases es by including a servicemember’s military entered into by an active servicemembers who income. This article certainly can’t identify all have received deployment orders for 90 days or of the nuances or court interpretations, but more or who have received permanent change should briefly identify some of those protec- of station orders.10 To terminate these leases the tions afforded our servicemembers in an effort member must provide: 1) written notice of the to assist all practitioners in their quest to assist termination of the lease to the lessor; and 2) cop- America’s heroes. ies of the military order.11 The effective date of termination of said leases for month-to-month LEASE AGREEMENTS AND MORTGAGE leases is 30 days following the first date of the PROTECTIONS next rental payment, and for all other rentals the SCRA protects servicemembers relating to termination becomes effective the last day of the leases in two ways. First, SCRA prevents evic- first full month proper notice is delivered.12 The tions from leased housing. Upon receipt of an termination of an automobile lease occurs upon eviction notice a servicemember or his or her and becomes effective upon the return of the dependents can request SCRA relief from the vehicle to the lessor within 15 days after provid- court. Prior to any order of eviction being ing effective written notice and copies of the entered a court must: 1) confirm that the a ser- orders as described above.13 Unpaid lease vicemember or dependent of the servicemem- amounts at the time of termination of any lease ber maintains the lease; 2) establish the service- are allowed to be repaid on a prorated basis and member is on active duty;7 and 3) ensure that

2722 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 any early termination fees or charges can be months after the completion of said active ser- eliminated by SCRA.14 vice and the following elements are met: 1) The servicemember was materially affected due to SCRA protects servicemembers who have military service in asserting a defense; 2) there entered into an installment contract prior to exists a meritorious defense; and 3) provided active duty and, because of their service, are the application to set aside the aforementioned unable to make payments. Unless otherwise action is filed within 90 days of the end of ordered by a court a party to a contract with a military service.18 There are significant penal- servicemember cannot rescind, terminate or ties to those who violate the SCRA. Any party repossess property without a court order if: 1) an who knowingly repossesses assets or seeks initial installment payment or deposit has been judgment in violation of SCRA can be fined or provided; 2) the active service has prevented imprisoned or both.19 payments; and 3) said service materially affected the ability to adhere to the contract. There can be STATUTE OF LIMITATIONS AND STAY OF no termination of any such contract or reposses- PROCEEDING sion of property subject to those contracts for In any civil action, SCRA tolls periods of time any breach by a servicemember prior to or dur- of service of active duty when computing statu- ing active service without a court order.15 tory or other mandated deadlines, whether the As mortgage foreclosure rates continue to servicemember is a plaintiff or defendant in an rise, it is important to recognize significant pro- action. SCRA provides that the period of active tections afforded servicemembers entering service (including 60 days after active service) may not be included in any limitation period contracts for the purchase of real or personal 20 property. Servicemembers are protected against once proof of military service is established. real property foreclosures if the following con- Further, any action involving a servicemem- ditions are met: ber may be stayed prior to the entry of a final judgment.21 This stay is mandated and may be 1) Sought relief is on an obligation secured requested by a servicemember who has received by a mortgage, deed of trust or similar notice of a proceeding against him or her, or in device whether on real or personal the event no notification has been provided property; and no entry of an appearance made by a ser- 2) Obligation to pay originated prior to vicemember, the applicable court has a duty to active duty; determine if a party is a military servicemember.22 Prior to any default judgments SCRA 3) Property was owned by a servicemem- puts the burden upon the court to determine if ber or dependent prior to active duty; a defendant is in the military.23 An affidavit is 4) Property is still owned by said service- required to be filed by a plaintiff stating wheth- member or dependent at the time relief er or not a defendant is a servicemember and if is sought; a servicemember, whether or not said servicemember is currently engaged in active service. 5) The ability to meet the financial obliga- The affidavit must contain a statement, decla- tion is materially affected, by the member’s ration or certification and subscribed or service; and declared to be under penalty of perjury as to 24 6) The action is filed during or within 90 its contents. The United States Department days after completion of the service- of Defense operates a free website that can member’s period of active service.16 provide plaintiffs with current active military status of an individual and can be found at: Once these elements are met courts have the www.defense.gov/faq/pis/pc09sldr.html. authority to stay proceedings until members are available to answer. Courts even have the In those instances where a servicemember authority to alter contractual documents by appears in a case upon receiving notice of an extending maturity dates, extension of redemp- action, a servicemember must first file an tion periods and can even reduce monthly pay- application/motion requesting a stay to be provided the protections for stays under SCRA. ments.17 A court can set aside any sale, foreclo- The SCRA request must contain: sure or property seizure for any mortgage if said order, seizure or foreclosure occurred dur- 1) Written statement of member outlining ing a period of active service or within two how the current duties of the service-

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2723 member materially affect the ability to neys who have committed their time to helping appear or otherwise respond; our heroes. During the month of November, I encourage all Oklahoma practitioners to take 2) Provide a date when the servicemember time to make an in-depth review of the SCRA will next be available to appear; and make an effort to join with the Oklahoma 3) Statement from the commanding offi- Bar Association through Oklahoma Lawyers cer confirming military duty prevents for America’s Heroes. appearance;25 1. 50 U.S.C. App.§§501-596. 4) And said statement confirming leave 2. SCRA defines active servicemembers as not only those members of the Army, Navy, Air Force, Marine Corps and Coast Guard on active isn’t authorized. duty pursuant to 10 U.S. 101(d)(1); but also those commissioned members of Public Health Service and the National Oceanographic and SCRA provides in 50 U.S.C. App. 522, that a Atmospheric Administration; as well as, National Guard Unit mem- court shall enter a stay for at least 90 days if the bers responding to national emergencies as declared by the president of the United States and serving over 30 consecutive days, via authori- elements of the motion/application listed zation under 32 U.S.C. §502(f). See 50 U.S.C. App. §511. above are satisfied. There is no definitive limi- 3. Le Maistre v. Leffers, 333 U.S. 1, 6 (1948). 4. 50 U.S.C. App. §511 (5). tation to providing additional stays of the pro- 5. 50 U.S.C. App. §512(b). ceedings, provided that all elements continue 6. See 50 U.S.C. App. §§511-517. to remain satisfied. 7. Active under 10 U.S.C. 101 (d)(1) or 30 consecutive days under 32 U.S.C. 502(f). 8. 50 U.S.S. App §531(a). INTEREST RATE PROTECTIONS 9. 50 U.S.C. App. §534. 10. 50 U.S.C. App. §535(b). SCRA provides a 6 percent annual interest 11. 50 U.S.C. App. § 535(c). rate cap on pre-service interest-bearing loans 12. 50 U.S.C. App. §535(e). 13. 50 U.S.C. App. § 535(d). and obligations of servicemembers or joint 14. Id. obligations with dependents, during the time 15. 50 U.S.C. App. §532(a). 26 16. 50 U.S.C. App §533. of active service. Any incurring interest in 17. Id. excess of the 6 percent cap must be forgiven 18. 50 U.S.C. App. §521(g). upon written notification from the service- 19. 50 U.S.C. App. §532. 20. 50 U.S.C. App. §526. member directly to the creditor that includes 21. 50 U.S.C. App. §522(b)(1). copies of the military orders and so long as it is 22. 50 U.S.C. App. §521. 23. Id. shown that the service materially affected the 24. 50 U.S.C. App. §521(b)(4). servicemember’s ability to meet the ability to 25. Military orders are generally deemed sufficient to satisfy the commanding officer requirement to contain in the 90-day stay application. pay. Upon receipt, a creditor must grant relief 26. 50 U.S.C. App. §527(a). of reduction and/or write off excess interest 27. 50 U.S.C. App. §527(b)(2). effective as of the initial date of active service.27 28. 50 U.S.C. App. §527(c). Those representing creditors should note that relief from this annual interest rate cap can be granted upon court order if it is proven that the service did not have a material effect on said About The Author member’s ability to pay.28 Kaleb K. Hennigh is a partner

CONCLUSION of the Enid-based law firm of The men and women of the armed services Ewbank, Hennigh & McVay deserve the additional protections afforded to PLLC and practices estate plan- them through the Servicemembers Civil Relief ning and asset protection, bank- Act. As practitioners, it is important we under- ruptcy liquidation and reorgani- stand those protections and ensure civil rights zation, and real estate and corpo- and liberties are not violated nor statutes rate transactions. He is a member ignored. The Oklahoma Bar Association has of the OBA Military Assistance taken huge strides in providing pro bono ser- Task Force. He earned a B.S. in agricultural commu- vices to our servicemembers through the Okla- nications from OSU, a J.D. from the OU College of homa Lawyers for America’s Heroes program Law and an LL.M. in agricultural law from the Uni- and continues to work to educate and provide versity of Arkansas School of Law. resources to assist the over 100 volunteer attor-

2724 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: District Judge Seventh Judicial District, Office 2 Oklahoma County, Oklahoma This vacancy is due to the death of the Honorable Twyla Mason Gray.

[To be appointed to the office of District Judge, Office 2, Seventh Judicial District, one must be a registered voter of Oklahoma County Electoral Division Three at the time (s)he takes the oath of office and assumes the duties of office. Addition- ally, prior to appointment, such appointee shall have had a minimum of four years experience as a licensed practicing attorney, or as a judge of a court of record, or both, within the State of Oklahoma.]

Application forms can be obtained online at www.oscn.net under the link to Judicial Nominat- ing Commission, or by contacting Tammy Reaves, Administrative Office of the Courts, 2100 North Lincoln, Suite 3, Oklahoma City, Oklahoma 73105, (405) 556-9862, and must be submitted to the Chairman of the Commission at the same address no later than 5 p.m., Friday, November 18, 2011. If applications are mailed, they must be postmarked by midnight, November 18, 2011. Jim Loftis, Chairman Oklahoma Judicial Nominating Commission

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA NOTICE OF PROPOSED LOCAL RULE CHANGES Pursuant to Rule 57, Fed. R. Crim. P. the court hereby gives notice and opportunity for comment on proposed changes to its Local Criminal Rules. This District has not revised its Local Criminal Rules in any comprehensive manner since 1995. Therefore, the revisions resulted in significant changes that do not lend themselves to a “red-line” comparison approach. Accordingly the revised rules appear in a side-by-side comparison with current rules to aid the reader in his or her review of the revised rules. Copies of the proposed Local Criminal Rules and the current Local Criminal Rules are available at the District Court Clerk’s office. Electronic copies are available on the court’s website under Announcements: Change to Local Rules: Comment Period at www.oknd.uscourts.gov. The court invites written comments from any interested persons. Send comments to the Court Clerk, Attention: Proposed Rule Changes, 333 W. 4th Street, Room 411, Tulsa, Oklahoma, 74103; or email to: [email protected] and type “Proposed Rule Changes” in the subject line. Comments will be accepted by the court through Dec. 7, 2011.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2725 2726 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law Employment Protection for the Citizen-Soldier [F]or the benefit of he who has laid aside his civilian pursuits to serve his country in its hour of need.1 By Robert Don Gifford II

… When Johnny comes marching home. Get ready for the Jubilee, Hurrah! Hurrah! We’ll give the hero three times three, Hurrah! Hurrah! The laurel wreath is ready now To place upon his loyal brow …2

Since Sept. 11, 2001, thousands of Oklahomans in either the Reserve or National Guard compo- have stood up to answer the call to duty to nents of our armed forces. respond to the tragic events of this era’s Pearl When activated, these citizen-soldiers leave Harbor. The far majority of employers see them- behind not only families and loved ones, but selves as “patriot partners” with a noble duty to civilian careers as well. For the past 70 years, support their employees who also wear the there has been some form of federal protection for military uniform. Despite this pride and joint those that have “laid aside his civilian pursuits to sacrifice, smaller businesses may suffer their serve his country in its hour of need.” To further own financial stress. Ignorance, and in the rare mitigate any hardship, Congress enacted the Uni- circumstance callousness or retribution, may formed Services Employment and Reemployment violate a state or federal law that can result in Rights Act (USERRA). In 1994, the Oklahoma judicially-ordered awards of double damages to Legislature enacted a similar provision. the employee/servicemember. USERRA,3 and the similar Oklahoma statute, The citizen-soldier is deeply rooted in our provide that persons serving in the uniformed nation’s history. In 1636 at the Massachusetts services “shall not be denied initial employ- Bay Colony, the first regiments of a militia were ment, reemployment, retention in employment, formed. Males between the ages of 16 and 60 promotion, or any benefit of employment by an were obligated to possess arms, “drill” every employer on the basis of” their membership in week, perform guard duty, and defend the colo- the uniformed services.4 USERRA is the princi- nists against attacks from the Pequot tribe. Forty pal mechanism protecting soldiers and mem- percent of our all-volunteer military is made up bers of the Reserve from illegal employment of our friends, families and neighbors who serve discrimination.5 The statute enables average American citizens to serve their country by

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2727 guaranteeing their reemployment upon re- predecessors had become cumbersome given turning from active duty.6 the greater responsibilities of reservists in “every phase of military preparedness.”17 USERRA embodies a promise from Congress that members of the uniformed services will In 1994, Congress enacted USERRA in not suffer negative employment repercussions response to concerns regarding Gulf War veter- based on their military service.7 ans.18 During the first Gulf War, President George H.W. Bush ordered the first large-scale The intentions of the USERRA are to encour- 19 age the patriotic service in our armed forces call up of reservists since the Korean War. Almost 228,000 reservists were ordered to (non-career) by minimizing the side effects to 20 civilian employment by such sacrifices for the active duty, with a further 132,000 authorized. nation. It should also be noted that “uniformed This substantial mobilization of reserve units services” is not limited only to those serving in made the issue of job protection for reservists once again relevant. The act was signed into the Army, Air Force, Marines and Navy, but 21 also the Army and Air National Guard, the law by President Clinton on Oct. 13, 1994. Coast Guard, the Public Heath Service com- Congress went further to ensure that there missioned corps, as well as any other category would be continuity in its attempts to protect designated by the president in time of war or members of the uniformed services. Congress emergency. Generally, the USERRA’s broad did so by making clear its intent that case law anti-discrimination provisions prohibit all interpreting USERRA’s statutory predecessors types of employers from denying initial would be applied to USERRA.22 In particular, employment, promotion or any benefit of the congressional committee noted that previ- employment on the basis of an individual’s ous courts had called for a liberal construction membership, application for membership, per- of the statute. Congress wanted the case law to formance of service, application for service or be consistent.23 obligation in any of the uniformed services. It not only covers reemployment rights, but also DISCRIMINATION BASED ON health insurance, pension and any usual fringe MILITARY SERVICE benefits following military service. USERRA prohibits discrimination based on HISTORY an individual’s military service. Specifically, an employer cannot take any action based on a The United States has had issues with large- person’s current obligations as a member of the scale demobilizations of servicemembers back uniformed services, prior service in the uni- to civilian life. One of the most significant such formed services or intent to join the uniformed occasions occurred following World War I. Rapid services. Title 38, United States Code, Chapter demobilization of millions of troops followed 43, §4311 states: “[A] person who is a member the signing of the armistice that brought about of, applies to be a member of, performs, has 8 the end of the war. Widespread apprehension performed, applies to perform, or has an obli- existed as to how the demobilization would gation to perform service in a uniformed ser- occur and whether the demobilization would 9 vice shall not be denied initial employment, create profound economic disturbances. reemployment, retention in employment, pro- At the end of World War I, a group of unem- motion, or any benefit of employment by an ployed veterans known as the “Bonus March- employer on the basis of that membership, ers” traveled to Washington, D.C.10 in an application for membership, performance of attempt to receive an early payment of a prom- service, application for service, or obligation.” ised “bonus” to the veterans for their service THE LEGAL CONCEPT AND STRUCTURE — but not yet due for over a decade.11 While the Bonus Marchers did not get their money early, A burden-shifting framework is used by the Congress took the steps legislatively to avoid courts to determine whether an employer has future veterans from suffering mass unemploy- violated the statute by discriminating against ment after coming home from war.12 Congress the “dual-hatted” employee. Under this struc- first enacted the 1940 Selective Training and Ser- ture, a employee/servicemember first bears vice Act,13 the Military Selective Service Act of the burden of proving by a preponderance of 1967,14 the Vietnam Era Veterans’ Readjustment the evidence that his military duties were the Assistance Act of 197415 and the Veterans’ Reem- “substantial or motivating factor” in the ployment Rights Act (VRRA).16 These USERRA employer’s actions. In other words, the mili-

2728 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 tary duty needs only to be one of the reasons not include the period of military absence for an employment action that is adverse to the before or after military duty to allow for train- servicemember. The burden then shifts to the ing, counseling or transition of equipment and employer to prove and rebut, also by a prepon- supplies. derance of the evidence, the adverse action (or TIMELY APPLICATION FOR inaction) would have been taken in the absence REEMPLOYMENT of military service. If the employer meets this burden, the servicemember claimant then can Upon de-mobilizing and returning to civilian only prevail if he establishes that the action, or life, the employee/servicemember must report inaction, would not have happened but for the or submit a written or oral application for military obligation. reemployment in a reasonably timely manner. An employee’s application for reemployment RETALIATION AGAINST NON-MILITARY is deemed timely depending upon the length EMPLOYEES FOR ASSISTING of service. The act also prohibits the civilian employers If an employee has served up to 30 days of from retaliating against a servicemember solely military duty, the member must report to his or because of trying to enforce those protected her employer by the beginning of the first reg- rights under USERRA. USERRA also protects ularly scheduled work period that begins on those non-military employees from retaliation the next calendar day, after for assistance in an investigation allowance for reasonable and under the statute. The same bur- safe travel home. If the military den-shifting framework that is duty lasted 31 days to six used to prove discrimination months, the employee must applies to retaliation cases. Once these submit a reemployment appli- ADVANCE NOTICE requirements are met, cation (verbal or written) within 14 calendar days upon comple- The act also specifies certain tion of military service. If the obligations of the servicemem- the employee must be military service exceeded six ber as well in order to invoke its months (181 days or more), the protections. The USERRA man- promptly reinstated to application for reemployment dates that if reasonably possible, must be submitted no later than an employee/servicemember his employment. 90 calendar days after comple- called to military service must tion of military service. In any give advance notice to the civil- event, if the resubmission of a ian employer of activation. In “timely” application is impos- giving this advance notice, the sible for one reason or another, servicemember does not have to indicate the the application must be submitted as soon as it expected length of service or whether the ser- becomes reasonably possible. vicemember intends to return to his or her position after service. The servicemember Once these requirements are met, the employ- must, however, inform that civilian employer ee must be promptly reinstated to his employ- that he is leaving for military service to have ment. While “prompt reemployment” is not reemployment rights upon completion of that defined by statute, USERRA regulations indi- service. Advance notice is not required if giv- cate that employment within two weeks of the ing notice was precluded by military necessity reapplication is expected. In addition, an employ- or if giving notice was otherwise unreasonable ee’s rights are not necessarily and automatically or impossible. forfeited if the employee does not timely return LENGTH OF SERVICE to work or properly apply for reemployment within the time constraints. In those circum- The servicemember’s cumulative length of stances, reemployment is not by USERRA and military service generally cannot exceed five an employer’s rules governing unexcused years per employer, and the clock is reset with absences will apply to the employee. a new civilian employer. Naturally, there are exceptions to the rule — usually those matters Furthermore, an employee who is reem- that are beyond the control of the citizen-sol- ployed has certain protections from subsequent dier. The five-year limitation period also does firing. The employee who served 31 days to six months cannot be discharged within six months

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2729 of reemployment without cause. The service- EXCEPTIONS TO THE RULE member who was mobilized for more than six There are three statutory exceptions to months may also not be fired for up to one year USERRA’s reemployment requirement that of reemployment except for cause. This protec- are considered affirmative defenses with the tion concept is to allow the returning military employer bearing the burden of proof. If the employee to readjust to civilian employment employer’s circumstances changed to make after a long military mobilization. Cause for reemployment unreasonable, USERRA does removal may be based on an employee’s mis- not apply. Also, if reemployment would conduct or the application of the so-called impose an undue hardship on the employer, “escalator principle.” Regardless of the situa- the employer is exempt. The “hardship” is tion, the burden of proving a lawful firing dur- limited in scope and employers must be cau- ing this grace period falls upon the civilian tious and sure in claiming this exemption. employer. Finally, an employer is not required to bring REEMPLOYMENT POSITION back the employee whose employment was limited in nature for a brief, nonrecurring As a general principle, the “escalator princi- period with no reasonable expectation of con- ple” provides that the citizen-soldier employee tinued employment. To clarify, this does not must be allowed to be reemployed back to a necessarily mean that a part-time or seasonal position where he would have been employed employee who also is a member of the Guard for not the break due to military duty or given or Reserve is without USERRA protections. the opportunity to be in another position of similar seniority, status and pay. This principle, COMPENSATION as stated by the U.S. Supreme Court in Fishgold Employers are not required under federal v. Sullivan Drydock and Repair, states that the law to compensate employees on military military employee “does not step back on the leave. However, an employee may elect to use seniority escalator at the point [the employee] an accrued vacation leave instead of unpaid stepped off,” but “steps back on at the precise military leave.25 The employer, however, can- point [the servicemember] would have occupied not require that the employee use his or her had [the servicemember] kept his [civilian] posi- accrued vacation leave. Under the Fair Labor tion continuously during [military duty.]”24 Standards Act, an employer cannot reduce a It is worth noting that while the employment salaried employee’s pay for less than a week’s “escalator” may go up, it also may go down. military leave.26 Under state law, Oklahoma Therefore, the returning servicemember is also Attorney General Drew Edmondson stated in a subject to any pay or benefit decreases that 2010 opinion that 44 O.S. Supp. Section 209 would have been suffered if not for military requires the municipal employees, like state leave. Also, an employer is not required to employees, to receive their full regular pay reemploy a servicemember in a position he or during the first 30 days of their mobilization she is not qualified to perform. The employer, and that the state (or municipality) may pay however, must make “reasonable efforts” to the difference between the employee’s civilian enable the returning servicemember to qualify salary and his military salary. for the position. BENEFITS This also applies to missed promotional In addition, servicemembers/employees opportunities. An employee returning from who are covered in an employer’s health plan military duty must be elevated with a promo- may continue that same coverage for them- tion if there is “reasonable certainty” that it selves and family for up to 18 months after would have occurred but for the obligated they deploy. The servicemember and his family absence. A servicemember is not automatically will also have coverage from the military entitled to receive a promotion that is based on medical facilities through Tricare. some measure of performance, but the member must be allowed a fair opportunity to compete Retirement plans are also covered under for a promotion missed because of military USERRA. Those plans cannot treat returning service. Any missed promotion must be retro- servicemember/employees as having a break in active to the date it would have occurred had time by sole reason of military service, and are the member’s employment not been interrupt- not required to reapply to qualify for participa- ed by service. tion. The act requires employers to treat service-

2730 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 member employees called to military duty as if 6. See id. §4311(a). 7. See id. §4301(a)(1). they were on merely on leave and, accordingly, 8. Benedict Crowell & Robert Forrest Wilson, Demobilization: Our must also provide all other benefits enjoyed by Industrial and Military Demobilization After the Armistice, 1918-1920, at 47-50 (1921). similarly situated employees on leave. Once the 9. Id. at 50. employee is reemployed to the civilian job after 10. Lucy G. Barber, Marching on Washington: The Forging of an American Political Tradition, at 75 (2002). activation, employers must also provide for a 11. Id. make-up contribution for plan service periods 12. See Samuel F. Wright, “USERRA: Frequently Asked Questions,” during which the servicemember/employee The Officer, Dec. 2003, at 108, available at www.roa.org/site/Doc Server/1203_ officer.pdf?docID=24421; Samuel F. Wright, Reserve was on active military service. Officers Association, “Everything You Always Wanted to Know About USERRA but Were Afraid to Ask” (Dec. 2003), www.roa.org/site/ ADDITIONAL PLAYERS IN THE SYSTEM PageServer?pagename=law_review_104 [hereinafter Wright, About USERRA] (Captain Wright was one of the principal draftsmen of The U.S. Department of Labor’s Veterans and USERRA and a long-time employee of United States Department of Labor, Office of the Solicitor); Training Service (VETS), enforces cases arising 13. See H.R. Rep. No. 103-65, at 18-19 (1993), as reprinted in 1994 under the USERRA. A wronged employee may U.S.C.C.A.N. 2449, 2451-52. 14. Pub. L. No. 90-40, 81 Stat. 100 (1967) (codified as amended at 50 be entitled to not only reinstatement to his job, U.S.C. app. §§451-471 (2006)). but also receive back pay, attorney’s fees and 15. Pub. L. No. 93-508, 88 Stat. 1578 (1974) (codified as amended in even double damages for a willful violation. scattered sections of 38 U.S.C.); Nichols, 11 F.3d at 162. 16. Pub. L. No. 93-508, 88 Stat. 1594 (1974). Furthermore, the employee/servicemember 17. H.R. Rep. No. 103-65, at 18-19. may also seek a private civil action. 18. See Pub. L. No. 103-353, §2(a), 108 Stat. 3150 (1994) (codified as amended at 38 U.S.C. §§4301-4333 (2006 & Supp. 2008)). CONCLUSION 19. Wright, About USERRA, supra. note 15. 20. Stephen M. Duncan, “ROA National Security Report: Gulf War Was a Test of Reserve Components and They Passed,” The Officer, June “When we assumed the Soldier, we did not lay 1991, available at www.dtic.mil/doctrine/doctrine/research/p162.pdf# aside the Citizen.” — Gen. George Washington27 search=“desertshield”. 21. Alexei Oreskovic, “On the Home Front: Call up of Reservists Without the citizen-soldier to answer the call Raises Questions for Employment Bar,” The Recorder, Oct. 18, 2001, at 4; Wright, About USERRA, supra. of duty, it would be impossible for the United 22. See H.R. Rep. No. 103-65, at 19 (“[T]he Committee wishes to States to maintain a substantive military force. stress that the extensive body of case law that has evolved over that period, to the extent that it is consistent with the provisions of this Act, As it was when Frederick Douglass told Presi- remains in full force and effect in interpreting these provisions. This is dent Lincoln during the Civil War in regards to particularly true of the basic principle established by the Supreme allowing former slaves to fight, the United Court that the Act is to be ‘liberally construed.”‘ (citing Fishgold v. Sul- livan Drydock & Repair Corp., 328 U.S. 275, 285 (1946); Ala. Power Co. v. States without the Reserve and Guard compo- Davis, 431 U.S. 581, 584 (1977))). nents would be “fighting with [its] right hand 23. Id. 24. 328 U.S. 275, 284-85 (1946). behind [its] back.” Congress has provided a tool 25. 38 U.S.C. 4316(d) to the citizen-soldier to not have to choose 26. WH Admin. Op. (Feb 26, 1965). 27. Jared Sparks, ed., The Writings of George Washington 13 (1834) between serving in uniform and keeping their (from Answer to an Address of the New York Provincial Congress, job. In the defense of this nation, everyone June 26, 1775). should make sacrifices. While non-military 28. Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 285 (1946). employers may have their own challenges with the loss of an employee to a deployment, Con- gress and the courts have prioritized job security About The Author for our citizen-soldiers while trying to do so as fairly as possible to an employer. USERRA and Robert Don Gifford is a lieu-

Oklahoma state law is meant for “the benefit of tenant colonel in the U.S. Army he who has laid aside his civilian pursuits to Reserve serving as the staff judge serve his country in its hour of need.” advocate for the 95th Training Division at Fort Sill; an assistant For more information and additional resourc- U.S. attorney in Oklahoma es, visit the Department of Labor’s website at City; and an adjunct law profes- www.dol.gov/elaws/veterans.html. 1. Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 285 sor at Oklahoma City University (1946). School of Law teaching military 2. “When Johnny Comes Marching Home Again” was a popular and national security law. The views expressed Civil War-era song. 3. 38 U.S.C. §§4301-4333 (2006 & Supp. 2008)), 72 Okla. Stat. herein are those of the author, and do not necessar- Ann. §48.1. ily reflect those of the Department of Justice or the 4. Id. §4311(a). 5. See 38 U.S.C. §4301(a)(1)-(3). Department of the Army.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2731 2732 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law Some Recent Developments in Veterans Benefits By Judge Gerald A. Williams

irtually anyone who has served in our nation’s military will be impacted in some way by one or more of the benefits Vavailable through the U.S. Department of Veterans Affairs (VA). Working your way through the maze of information available on those benefits — whether in the form of VA pamphlets or law review articles1 — can be daunting, but necessary. Hopefully, this brief update on VA benefits will prove useful, as well.

DISABILITY COMPENSATION from Aug. 2, 1990, to July 30, 1991, and for people who served in Afghanistan on or after Sept. Disability compensation payments are paid to 19, 2001.7 Gulf War veterans who served in veterans who are disabled (at least to some southwest Asia and have chronic disabilities degree) by injury, illness or disease incurred or resulting from undiagnosed or medically unex- aggravated while on active duty.2 If such a con- plained conditions are able to receive compensa- dition exists, then it will most likely be consid- tion if their condition appeared either during ered to be “service-connected.” However, there active service or to a degree where it would trig- is a fairly new requirement that a veteran must ger at least a 10 percent disability rating at any establish a “current disability” prior to receiving time since then through Dec. 31, 2011.8 disability compensation benefits.3 Perhaps the most significant development in The first step in the disability compensation this area is the decision to create a presumption claims process has not changed much. The vet- of service-connection for Post-traumatic Stress eran must still complete a VA Form 21-526 and Disorder (PTSD).9 Veterans are required to estab- get it to a VA regional office. Now, however, it lish an “in service stressor” for a PTSD claim,10 can be done online.4 but the VA will no longer be able to deny such a A veteran’s access to compensation benefits and claim merely because the stressor is not veri- to health care is determined in part by whether fied.11 In short, the VA employee now has an his or her condition is service-connected.5 Gener- affirmative duty to first seek verification from ally, there are three requirements for establishing an appropriate source (e.g., the U.S. Army) service-connection: 1) a current disability; 2) the unless the veteran’s statement is too vague to occurrence or aggravation of an injury or disease allow for independent confirmation. from military service; and 3) a causal link Perhaps the most political development in this between the two.6 area concerns what is known as “concurrent There is a new list of conditions and diseases receipt.” Prior law required disabled military that qualify for a presumption of service- retirees to forfeit a dollar of retired pay for every connection for Gulf War veterans who served dollar they received in disability compensation.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2733 Veterans organizations have literally hated this you find yourself giving a veteran advice in requirement. Now, there is a gradual phase-out this area, there is nothing wrong with simply of this offset, lasting through 2013; but it is recommending that he or she apply for what- complicated. ever benefits are being sought. For military retirees with a 50 to 90 percent ACCESS TO MEDICAL CARE VA disability rating, concurrent receipt pay- Veterans who served on active duty and who ments have been increasing at a rate of 10 per- received a discharge under honorable condi- cent each year.12 Military retirees with a 100 tions are eligible to receive VA medical care. percent VA disability rating were entitled to There are some exceptions, but generally a vet- receive both their full disability compensation eran must first apply for enrollment to access and their full retired pay immediately.13 There VA health care by completing a VA Form 10- is yet another category of veterans, who were 10EZ; however, this can also be done online.18 If granted a medical disability retirement before veterans want to enroll based in part on their they could serve 20 years on active duty. These inability to pay for any portion of their medical veterans, known as “Chapter 61 retirees” have care, then they must also provide personal different concurrent receipt phase in sched- financial data so that their application can go ules;14 although there is pending legislation in through a means test. Congress to correct this perceived injustice.15 So how much money for a veteran is at stake? Potentially, quite a lot; although everything is relative, especially given what a veteran went through to earn a disability rating. The current So how much money for a rates are as follows:16 veteran is at stake? Potentially, 2011 VA Disability Compensation Rates for Veterans quite a lot; although everything is Veteran’s Disability monthly Rate relative, especially given what a rating Paid to Veterans 10% $123 veteran went through to earn a 20% $243 disability rating. 30% $376 40% $541 50% $770 When my first article was published,19 the VA had seven health care priority groups. Now, 60% $974 there are eight.20 The new category was added 70% $1,228 in part to allow veterans, who had previously been denied enrollment because they made too 80% $1,427 much money, to access certain kinds of care. By 90% $1,604 way of background, the number of veterans treated in VA health care facilities increased 100% $2,673 from 2.9 million in 1995 to 4.5 million in 2003.21 Due to limited resources, the VA had to ration Unless you have had experience as a VA access and suspended further enrollment of claims adjudicator, it may be almost better to some higher income veterans (those now in do nothing than to try to provide procedural priority group eight) until 2009. The VA’s advice to a veteran in this area. There are free “medical benefits package” includes an impres- trained counselors available from veterans ser- sive list including surgical care, inpatient hos- vice organizations (i.e., American Legion, Vet- pital care and prescription drugs.23 erans of Foreign Wars, etc.) and a referral to The co-payment amount for a 30-day supply them could not hurt. In my opinion, the law of medication depends on the veteran’s priori- governing VA disability ratings is unnecessar- ty group but is generally either $8 or $9 up to a ily complex and full of procedural traps.17 If

2734 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 current cap of $960, which expires Dec. 31, ans, who lose their homes due to a short sale or 2011.24 However, no co-pay is required if the due to a deed-in-lieu of foreclosure, to receive medication is being used to treat a veteran’s up to $1,500 in relocation assistance.32 service-connected disability.25 EDUCATION BENEFITS An update on VA health care issues would The potential benefits from the Post 9/11 GI not be complete without noting the changed Bill are almost too good to be true. Eligible par- attitudes concerning medical care for women ticipants are entitled to receive tuition and fees veterans.26 Female veterans can access gender- in an amount equal to the most expensive in- specific primary care for Pap smears, mammo- state tuition at a public university, a monthly grams and reproductive health. There are also housing allowance and a stipend of up to programs available for victims of sexual $1,000 per year for books and supplies.33 How- assaults. ever, these amounts are dependent upon the HOME LOANS AND FORECLOSURE amount of time serviced on active duty. Mili- ISSUES tary members who have served an aggregate period of active duty after Sept. 10, 2001, can Although the VA does not actually loan receive the following percentages based on money, it guarantees home loans for almost all length of service.34 active-duty military members and veterans.A veteran seeking a VA loan guaranty must first obtain a certificate of eligibility, which is avail- active-duty maximum able online.27 He or she must also agree to Service Benefit actually live in the property that is subject of the VA loan. At least 36 months 100% The Veterans Benefits Improvement Act of At least 30 continuous 100% 200428 increased the maximum loan amount, days and discharged expanded eligibility for Specially Adapted due to service-connected Housing Grants, reinstated an adjustable rate disability 100% mortgage program and expanded the eligibili- At least 30 months < 36 months 90% ty for waiving the VA funding fee. Although there are exceptions, generally the maximum At least 24 months < 30 months 80% 29 loan guarantee is $417,000. That amount is the At least 18 months < 24 months 70% limit for all loans in Oklahoma because none of the areas in Oklahoma are considered to be a At least 12 months < 18 months 60% high cost county. For veterans (but sometimes At least 6 months < 12 months 50% not surviving spouses), a VA funding fee is required unless the veteran is eligible to receive At least 90 days < 6 months 40% compensation as a result of a pre-discharge disability examination and rating.30 This fee can be As wonderful as these potential benefits are, included as part of the loan. the genuinely amazing item, that causes every- The options for veterans facing foreclosure one to immediately become alert during a have not changed much (i.e., request for for- benefits briefing, is the discovery that these bearance or loan modification, short sale, deed- benefits can be transferred to a veteran’s chil- in-lieu of foreclosure).31 However, there is a dren. Eligible children can receive up to 36 genuine interest in keeping veterans in their months of college benefits and they have 15 houses. The primary responsibility for modify- years from the date of their 18th birthday to ing VA home loans remains with the actual take advantage of them.35 lender; however, the VA does have employees On Jan. 4, 2011, the president signed the Post that provide assistance to veterans in regional 9/11 Veterans Educational Assistance Improve- loan centers. They can be accessed by calling ments Act of 2010. Among other things, this (877) 827-3702. law expanded the Post 9/11 GI Bill to include Even though most VA loans are given without service in the National Guard.36 a down payment, most VA borrowers in default are able to keep their homes. However, if efforts to do so fail, the VA recently authorized veter-

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2735 CONCLUSION 15. H.R. 186, 112th Cong., 1st Session (2011)(Introduced by Congress- man Joe Wilson; Referred to House subcommittee on Feb. 18, 2011). 16. Department of Veterans Affairs Pamphlet, supra note 2 at VA benefits touch many lives. According to Chapter 2. the VA, Oklahoma has an estimated 329,601 17. See generally, Michael P. Allen, The Law of Veterans’ Benefits 2008 veterans.37 Of that group, approximately 63,741 – 2010: Significant Developments, Trends, and a Glimpse into the Future, 3 Veterans Law Review 1 (2011); Brian K. Walker, Serving Those Who are receiving disability compensation, 9,208 are Served; Representing Veterans at the VA, 73 Texas Bar J. 832 (Nov. 2010); using the GI Bill for education benefits and at Department of Veterans Affairs Pamphlet 01-02-02A, How Do I Appeal? (April 2002) available online at www.bva.va.gov/docs/Pamphlets/ least 5,878 have homes backed by a VA loan 010202A.pdf. guarantee.38 In 2009, there were 10,901 total 18. www.1010ez.med.va.gov/sec/vha/1010ez/. 19. Supra note 1. inpatient admissions to VA facilities in Musk- 20. 38 C.F.R. §17.36 (b)(2010)(Lists and Defines the Eight Enroll- ogee and in Oklahoma City.39 During that same ment Categories). time, there were 806,000 outpatient visits to VA 21. Congressional Budget Office Report, Potential Costs of Veterans’ Health Care vii (October 2010). 40 clinics from Altus to Vinita. On perhaps a 22. Id. more somber note, in 2009, the VA provided 23. 38 C.F.R. §17.38 (2010)(Medical Benefits Package). 41 24. 38 C.F.R. §17.110 (2010)(Co-payments for Medication). 5,721 headstones and markers in Oklahoma. 25. 38 C.F.R. §17.110(c) (2010)(Medication Not Subject to the Co- While it may not be possible for most to payment Requirements). 26. Department of Veterans Affairs, Advisory Committee on become an expert in veterans law, hopefully Women Veterans Report 2010, Women Veterans – A Proud Tradition of this article can assist an attorney in spotting Service (Sept. 2010). 27. www.benefits.va.gov/homeloans/docs/Veteran_registration_ some of the issues. coe.pdf. 28. S. 2486, 108th Cong. (2004). 1. Gerald A. Williams, A Primer on Veterans’ Benefits for Legal Assis- 29. 38 C.F.R. §36.4204 (2010)(Loan Purposes, Maximum Loan tance Attorneys, 47 Air Force L. Rev. 163 (1999). In 1999, the author Amounts and Terms). wrote a detailed law review article on benefits available through the 30. See, Department of Veterans Affairs, Veterans Benefits Admin- Department of Veterans’ Affairs: Gerald A. Williams, A Primer on Vet- istration Circular 26-11-11, Funding Fee Exemption Status and Verification erans’ Benefits for Legal Assistance Attorneys, 47 Air Force L. Rev. 163 of Income on Certificate of Eligibility (Sept. 8, 2011). (1999). This article is intended as a supplement and an update to the 31. See generally, Evaluation of VA’s Home Loan Guaranty Program 1999 article. (July 2004) available online at www.benefits.va.gov/homeloans/ 2. 38 C.F.R. §3.4(b) (2010); Department of Veterans Affairs Pam- docs/final_report.pdf. phlet, Federal Benefits for Veterans, Dependants & Survivors, Chapter 2 32. Department of Veterans Affairs, Veterans Benefits Administration (June 16, 2011), available online at www.va.gov/opa/publications/ Circular 26-11-1, Relocation Assistance for VA Borrowers (Jan. 6, 2011). benefits_book.asp. 33. 38 C.F.R. §21.9640(b) (2010)(Maximum Amounts Payable). See 3. Disabled Am. Veterans v. Sec’y of Dept. of Veterans Affairs, 419 F.3d also, U.S. Department of Veterans Affairs’ Update on Short and Long-Term 1317, 1318 (Fed. Cir. 2005); Service-Connected and Other Disability Strategies for Implementing New GI Bill Requirements: Hearing before Compensation; Proposed Rule, 75 Fed. Reg. 53744, 53747 (Sept. 1, Subcommittee on Economic Opportunity of the House Committee on 2010)(amending 38 C.F.R. Part 5). Veterans’ Affairs, 111th Cong. (Feb. 26, 2009). 4. www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal. Veter- 34. 38 C.F.R. §21.9640(a) (2010)(Percentage of Maximum Amounts ans can also call 1 (877) 222-VETS (8387) to enroll. Payable); See generally, Department of Veterans Affairs VA Pamphlet 5. Service-Connected, supra note 3, 75 Fed. Reg. at 53763 (Proposed 22-09-1, The Post-9/11 Veterans Educational Assistance Act of 2008 §5.240). (March 2010). 6. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Ser- 35. 38 C.F.R. §21.9570 (2010)(Transfer of Entitlement). vice-Connected, supra note 3, 75 Fed. Reg. at 53763 (Proposed §5.243). 36. S. 3447, 111th Cong. (2010)(Became Public Law No. 111-377). 7. Presumptive service connection may be granted for the follow- Department of Veterans Affairs Fact Sheet, Oklahoma and the U.S. ing infectious diseases: brucellosis, Campylobacter jejuni, Coxiella Department of Veterans Affairs (November 2010). burnetii (Q fever), malaria, Mycobacterium tuberculosis, Nontyphoid 37. Id. Salmonella, shigella, visceral leishmaniasis and West Nile virus. 38. Id. Department of Veterans Affairs Pamphlet, supra note 2 at Chapter 2; 39. Id. See also, Sidath V. Panagala, et. al., Veterans Affairs: Presumptive Service 40. Id. Connection and Disability Compensation, Congressional Research Service (Sept. 13, 2010)(Diseases Based on Exposure to Agent Orange). 8. Department of Veterans Affairs Pamphlet, supra note 2 at Chapter 2. About The Author 9. Service-Connected, supra note 3, 75 Fed. Reg. at 53765 (Proposed §5.250(c)); See also, Tiffany Chapman, Leave No Soldier Behind: Ensuring Access to Health Care for PTSD-Afflicted Veterans, 204 Military Law Gerald A. Williams is an elect- Review 1 (2010); Evan Seamone, Attorneys as First-Responders: Recogniz- ed justice of the peace in Arizona. ing the Destructive Nature of Posttraumatic Stress Disorder on the Combat Veteran’s Legal Decision-Making Process, 202 Military Law Review 144 His law degree is from the OU (2009); The Nexus Between Engaged in Combat with the Enemy and Post- College of Law, and he recently Traumatic Stress Disorder in an Era of Changing Warfare Tactics: Hearing Before the Subcommittee on Disability Assistance and Memorial retired from the U.S. Air Force Affairs of the House Committee on Veterans’ Affairs, 111th Cong. (Mar. Reserve after serving as a judge 24, 2009). advocate. As a civilian judge, he 10. Service-Connected, supra note 3, 75 Fed. Reg. at 53765 (Pro- posed §5.250(a)). hears a mixture of civil lawsuits, 11. Service-Connected, supra note 3, 75 Fed. Reg. at 53765 (Pro- traffic citations, restraining orders, posed §5.250(b)). 12. 38 C.F.R. §3.750 (2010). misdemeanors and eviction actions. 13. Id. 14. Id.

2736 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 You are not alone.

Men Helping Men Women Helping Women Oklahoma City • Dec. 1, 2011 Oklahoma City • Dec. 8, 2011 Time - 5:30-7 p.m. Time - 5:30-7 p.m. Location Location The Oil Center – West Building The Oil Center – West Building 2601 NW Expressway, Suite 108W 2601 NW Expressway, Suite 108W Oklahoma City, OK 73112 Oklahoma City, OK 73112

Tulsa • Dec. 22, 2011 Tulsa • Dec. 1, 2011 Time - 5:30-7 p.m. Time - 5:30-7 p.m. Location Location The Center for Therapeutic Interventions The Center for Therapeutic Interventions 4845 South Sheridan, Suite 510 4845 South Sheridan, Suite 510 Tulsa, OK 74145 Tulsa, OK 74145 Food and drink will be provided! Meetings are free and open to OBA members. Reservations are preferred (we want to have enough space and food for all.) For further information and to reserve your spot, please e-mail [email protected]. LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2737 2738 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law Army Legal Assistance An Overview of the Free Legal Services that the Army Offers Soldiers and their Families By Andrew W. Scott and Jason G. Varughese

eorge Washington established the U.S. Army Judge Advo- cate General’s Corps in 1775 at the start of the American GRevolution. In the time since the Second Continental Con- gress appointed its first practitioner, the Army JAG Corps has grown to become the oldest law firm in the United States and one of the largest in the world. It has survived wars, politics, boards of inquiry, courts-martial, military commissions, and even abolishment and resurrection.

Today, the more than 4,500 attorneys that com- an ABA-approved law school and be a member prise the Army JAG Corps represent the U.S. in good standing of the bar of the highest court Army’s interests at home and abroad in every of any U.S. state or federal court. Judge advo- aspect of the Army’s operations, including war- cates are commissioned officers and stationed fighting, humanitarian assistance, nation build- at nearly every one of the Army’s posts in its ing, criminal justice, civil litigation, administra- vast, decentralized network of facilities and tive operations and more. Although its members installations across the United States and the perform varied and countless legal duties on a world. Everywhere the Army has more than a daily basis, the Army JAG Corps has six “core few dozen troops, at least one judge advocate competencies,” or practice areas in which the JAG can be found. Corps specializes. Those core competencies are Like all Army officers, judge advocates are military justice, international law, administrative managed centrally by an office in the Pentagon. law, civil law, claims and legal assistance. Because military law is federal law and all courts- This article will focus on the last, but certainly martial are federal tribunals, all judge advocates not least, of the Army JAG Corps’ competencies, can practice law on any Army post, no matter legal assistance. Specifically, it will discuss the where it may be, as long as they can practice in capabilities and limitations of the Army lawyers federal court; that is, they must be admitted to who perform the legal assistance mission in practice in some U.S. state, but no particular Oklahoma and suggest areas in which Oklaho- state. As a result, Army judge advocates can be, ma attorneys seeking to assist military members and are, assigned to duty stations without regard and their families might focus their efforts. for their specific bar memberships. BACKGROUND The Army’s policy of stationing judge advocates to duty posts irrespective of their bar Every Army JAG lawyer (or, more properly, memberships, and then re-assigning them judge advocate) is required to hold a J.D. from every few years to new locations, is one of the

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2739 two key factors that shapes the way the Army ments. Legal assistance attorneys frequently JAG Corps performs its legal assistance mis- explain and interpret Army regulations and sion. The other factor is the limiting influence ethics guidelines for their clients. They also of resource constraints. With 4,500 attorneys, inform soldiers of the basic tenets of the Ser- the Army JAG Corps is a large firm; but legal vicemembers Civil Relief Act, a federal law assistance is only one of the Army JAG Corps’ that protects soldiers and their families from missions, and the Army is a huge organization unfair contractual and legal practices.2 In many – numbering over 1 million soldiers across the legal assistance offices, attorneys will also active service, the Army Reserve and the review documents that pro se clients have pre- National Guard. Every one of those soldiers pared for their own use in court.3 and their dependent family members have some level of access to the Army’s free legal Preparing Legal Documents: Legal assis- assistance program. Additionally, Army retir- tance offices have the capability to execute ees and their dependents; some Department of some legal documents, which is a popular and Defense civilian employees; and active, Reserve, often-used service. At Fort Sill, as with all National Guard and retired members of all Army legal assistance offices, soldiers and fam- armed forces and their dependents may all ily members can fully execute a will, a testa- seek counsel from an Army legal assistance mentary trust, an advance medical directive, a office. This large pool of clients puts significant general or special power of attorney, and have demands on every legal assistance office and most documents notarized. affects the scope and nature of representation Dispute Mediation and Negotiation: Army that can be offered for each individual client. legal assistance attorneys will often contact In Oklahoma, the Army JAG Corps has only creditors and adverse parties on behalf of their one full-time legal assistance office, located at clients in an effort to negotiate or mediate dis- Fort Sill, which is served by a handful of active putes. For example, a legal assistance attorney duty judge advocates. These attorneys provide could contact a soldier’s landlord in an attempt the overwhelming bulk of the legal assistance to resolve an ongoing payment dispute. That support that the Army can provide to its sol- same attorney could send a cease-and-desist diers and families in Oklahoma. letter to a creditor who is harassing a soldier or military family member. If a client is a plaintiff SERVICES AVAILABLE or defendant in a civil action, the legal assis- The mission of the Army’s legal assistance tance counsel can contact the attorney of the program is “to assist those eligible for legal adverse party and try to negotiate an out-of- assistance with their personal legal affairs in a court settlement. If the out-of-court negotiation timely and professional manner by … meeting attempts are unsuccessful, the legal assistance their needs for information on legal matters; attorney will explain the soldier’s options and and … resolving their personal legal problems discuss the possibility of hiring a civilian attor- whenever possible.”1 ney to handle the matter in court. In practice, the Army carries out its legal assis- Tax Preparation: Every year, Army legal tance mission by performing the following func- assistance offices open tax centers to assist sol- tions for soldiers: 1) giving general legal advice; diers and their family members in preparing 2) executing certain legal documents; 3) negoti- and filing federal and state income taxes. These ating and mediating disputes; 4) preparing and centers are fully staffed with attorneys and filing tax documents; and 5) referring to outside paralegals who are schooled in tax prepara- counsel for further assistance. tion, and they generally remain open throughout the annual tax season. As with all legal Legal Advice: The most basic function of an assistance services, tax preparation is free of Army legal assistance attorney is to advise sol- charge. diers and their families on the law. This advice often includes explaining the provisions of a Referral to Outside Counsel: For more com- contract, for example, to purchase a home, a plicated legal matters, Army legal assistance new car or to enter into a service agreement. attorneys will refer their clients to outside coun- Legal assistance attorneys also review and sel. The Fort Sill legal assistance office maintains offer advice to their clients about the terms of a list of attorneys who are interested in repre- court documents, including separation agree- senting soldiers and military families in a vari- ments, child support orders and other judg- ety of legal practice areas. The office cannot and

2740 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 does not recommend individual lawyers, but port. Legal assistance attorneys will also gener- instead provides its clients with lists of attor- ally not draft divorce settlements, child custody neys and also information about how to search agreements or premarital agreements. In such for a reputable attorney in the area. cases, clients will often be referred to outside counsel. LEGAL SERVICES LIMITATIONS Ineligibility for Services: A final significant No In-Court Representation: The major lim- limitation on the services offered by a JAG itation of an Army legal assistance office is that Corps legal assistance office is the set of eligi- its attorneys generally do not represent clients bility requirements for access to legal assis- in any court proceedings. Although a few tance. Although the group of people eligible Army installations have implemented a pro- for Army legal assistance is large, it notably gram of enhanced legal assistance that includes does not include veterans who no longer have some in-court representation, Fort Sill has not any military status. Former sol- yet adopted this program. As diers who have been honorably discussed above, judge advo- or otherwise discharged before cates assigned to a legal assis- retirement eligibility, which is tance position are infrequently normally 20 years of service, members of the state bar in The major cannot seek the services of a which their offices are located, legal assistance office unless rendering them often unable to limitation of an they have some independent appear in local state court. Army qualifying status, such as Army civilian attorneys working in a Army legal assistance medical disability. Additionally, legal assistance office are usually Reserve and National Guard members of the local state bar, office is that its soldiers and their families are but resource limitations also pre- only eligible for legal assistance vent them from being able to attorneys generally from a full-time legal assistance provide their clients with in- office when the soldier is on court representation.4 do not represent active duty status; at other The obvious impact of this clients in any court times, they must seek legal limitation on representing clients assistance from a Reserve or in civilian court proceedings is proceedings. National Guard judge advocate, that when legal matters escalate, if available, or seek private soldiers and military family counsel. Department of Defense members will often need to hire civilians are generally only eli- a civilian attorney to represent gible for limited services at a them in court. This applies to both civilian legal assistance office, such as representation criminal and civil actions. when they are the subjects of a Department of Defense investigation. Conflicts of Interest: In some instances, as is the case in all law firms, a legal assistance CONCLUSION AND SUGGESTIONS office may be unable to see a client due to a The JAG Corps provides essential legal sup- conflict of interest. Judge advocates and Army port free of cost to service members, retirees civilian attorneys will not advise soldiers or and their families through its legal assistance family members on matters for which they program. Although an Army legal assistance already have outside legal representation, office cannot provide legal support in every although a legal assistance office will consult case due to attorney limitations and resource and advise the outside legal counsel on specific constraints, many thousands of clients across issues when necessary. the Army have their basic legal needs fulfilled Complex Matters: For complex legal mat- at their local legal assistance offices. ters, such as complicated testamentary schemes, For Oklahoma attorneys seeking to provide pour-over trusts, living trusts, business mat- legal support to servicemembers and their ters, civilian criminal actions, tort claims, some families, a useful approach would be to focus property disputes and other actions that require on areas in which Army legal assistance is not specialized knowledge or a long-term course also available, such as family law matters, of representation, legal assistance offices are civilian criminal defense matters, litigation, not equipped to provide adequate legal sup-

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2741 private business matters and tort claims. It would also be helpful to target those military About The Author populations who are not eligible for legal assistance, such as veterans who have left the ser- Andrew W. Scott is the bri- vice prior to retirement eligibility. gade judge advocate for the 75th Fires Brigade, Fort Sill, Okla., Specific inquiries about Army JAG legal where he manages the brigade assistance policies in Oklahoma should be legal office and serves as the bri- directed to the Fort Sill Legal Assistance Office gade commander’s chief legal at (580) 442-5058. advisor. He is a captain in the

1. Army Regulation 27-3, “The Army Legal Assistance Program,” U.S. Army and graduated from 21 Feb. 1996, Chapter 2-1. the U.S. Military Academy with 2. See 50 USC App §501 et seq. a B.S. in American politics in 2002. He earned his 3. A legal assistance attorney cannot guarantee any document’s admissibility in an Oklahoma court. The Fort Sill legal assistance office J.D. from William & Mary in 2008, where he was edi- does not review pro se divorce documents. tor-in-chief of the law review. 4. It is important to note in the context of this discussion that the Army does provide criminal defense services for soldiers who are charged with military crimes and are to be tried by court-martial. The Jason G. Varughese is the trial U.S. Army Trial Defense Service is composed of judge advocates whose sole function is to represent soldiers undergoing adverse counsel for the 75th Fires Brigade, administrative and criminal actions in the military justice system. This Fort Sill, Okla., where he serves as is a free service that includes full in-court representation and appellate counsel. In addition to or in lieu of their appointed military counsel, the chief prosecutor for his bri- soldiers always have the right to hire a civilian attorney to represent gade. He is a captain in the U.S. them in courts-martial and most adverse administrative proceedings. Army and was a student attorney and board member at the free legal aid clinic in Detroit before receiving his commission. He graduated from the University of Michigan with a B.S. in political science in 2005 and earned his J.D. at Wayne State University in 2009.

NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: Associate District Judge First Judicial District Texas County, Oklahoma This vacancy is due to the appointment of the Honorable Ryan Reddick as Associate District Judge position in Beaver County. [To be appointed to the office of Associate District Judge, First Judicial District, one must be a registered voter of Texas County at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointee shall have had a minimum of two years experience as a licensed practicing attorney, or as a judge of a court of record, or both, within the State of Oklahoma.] Application forms can be obtained online at www.oscn.net under the link to Judicial Nominat- ing Commission, or by contacting Tammy Reaves, Administrative Office of the Courts, 2100 North Lincoln, Suite 3, Oklahoma City, Oklahoma 73105, (405) 556-9862, and must be submitted to the Chairman of the Commission at the same address no later than 5 p.m., Friday, November 18, 2011. If applications are mailed, they must be postmarked by midnight, November 18, 2011. Jim Loftis, Chairman Oklahoma Judicial Nominating Commission

2742 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Chickasaw Nation Bar Association 2011 Fall Seminar December 2, 2011

CLE CREDIT: APPROVED 7 HOURS (INCLUDING 2 HOURS OF ETHICS) Riverwind Casino Norman, Oklahoma

Agenda

Masterofceremonies:DustinP.Rowe,ChairoftheChickasawBarAssociation 8:30a.m. ContinentalBreakfastandOnǦSiteRegistration 3:00p.m. JudgePanel 8:50a.m. Welcome x x Chief Justiceof theChickasawNation x Ȃ ǡ x ǤȂ Chickasaw ʹͲ NationGamingCommissioner x Ȃ Ǥ 9:00a.m. UpdatesǡǤȂtotheOklahomaAdoptionCode anditscomparisontotheChickasaw x Ȃ Ǥ AdoptionCode x Ȃ ǡʹͳ 9:50a.m. Break ǡ 10:00a.m. Practicing ǡǤȂǡBeforetheOklahomaSupreme x Court x 3:50p.m.Break Ȃ 10:50a.m. Break 4:00p.m.Ethics fromtheOklahomaBarAssociation’s 11:00a.m.Current IssuesinFederalIndianLaw Perspective x x EthicsCounselfor theOklahomaBarAssociation x Ȃ 4:50p.m.Swearing ǡǤȂ–InofNewBarMembers x Ȃ 12:00p.m. Lunch–ProvidedattheWillowsBuffet o Justice 1:00p.m. ProsforAfrica o Justice x o Ǥǡ Justice x Ǥǡ 1:50p.m. Break ǡǤȂ o ǤǦ ǡDistrictJudge 2:00p.m. Ethicsfrom aPractitioner’sPerspective o Special x Judge ǤǤǡ 5:00p.m.Adjourn ǤǦǡ 2:50p.m. Break ǤǡǤȂƬ RegistrationFee:BeforeNovember30,2011–$95.00 OnsiteRegistration–$125.00

BarmembershiprequirementsfornewmembersmaybemetondayofSeminar. ForRegistrationinformation,PleasecontactTheChickasawBarAssociationat 580Ǧ235Ǧ0279orbyemailat[email protected]

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2743 2744 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law Tulsa County Veterans Treatment Court By Judge David Youll

hy do we punish, or what is the goal of our criminal justice system? The answer lies along a multi-dimen- Wsional spectrum that, by necessity, is developed and representative of what we collectively as a society have identified as desired outcomes: deterrence, retribution, restitution, preven- tion, incapacitation and treatment. The goal, in general, is the modification of a behavior that we have determined is not copa- setic with our norms and values. To meet these motives and outcomes, the tried and true adversarial system most of us have been trained in is still alive and well in courthouses across the country. However, what is new and rewarding on the horizon is the ongoing development and implementation of Veterans Treatment Court (VTC) to achieve the same desired end state. BACKGROUND mation that will allow them to take advantage of the available programs and resources. History has proven that the traditional forms of rehabilitative attempts of incarceration/inca- Additionally, veterans may be eligible for pro- pacitation for drug and alcohol offenses are grams through the state of Oklahoma and/or much more improved and likely for success if the Oklahoma Department of Veterans Affairs drug/alcohol treatment is the cornerstone of the due to their veteran status. It has been clear from effort. The placement of this cornerstone is the success of the other alternative courts that unique in that it is only achieved by a collabora- early identification of individuals or groups of tive effort and relationships of more than just the individuals that present or are assessed with traditional players. While the district attorney’s identifiable criteria or symptoms requiring office plays a vital role of “gatekeeper,” other unique treatment needs is key to success. This is critical partners, such as outside service organiza- the case with most returning veterans. tions, treatment providers and benefits counselors TULSA COUNTY that fill the gap between the Veterans Administra- tion eligibilities and capabilities and the soldiers’ Tulsa’s experience with veterans who have needs. Veterans of the United States Armed Forces participated in either the Tulsa County Drug may be eligible for a broad range of programs and Treatment Court and/or Mental Health Treat- services provided by the Department of Veterans ment Court has also proven this out. Addressing Affairs. While these benefits are legislated in Title the veterans with specialized assessment needs 38 of the United States Code, many veterans are and treatment goals has required that they be not aware and/or do not have access to the infor- provided with not “special treatment” but

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2745 instead with all the opportunities currently comprised of addictions, traumatic brain inju- available to them through the agencies and ries, and suffer from post-traumatic stress dis- community organizations already in place to order or major depression. These are diagnoses provide support and treatment. This mandates that typically are beyond the means of current that veterans involved in the criminal justice treatment providers in the established alterna- system have access to and collaboration with tive treatment courts. This is what makes VTC the Veterans Health Administration and the imperative for addressing these unique issues Veterans Benefit Administration by more time- of veterans. Tulsa County reports that from ly identifying referral-eligible veterans who September 2008 through June 2009, 1,189 veter- come into the criminal justice system. This is ans were arrested in Tulsa County; one-third where the departure from the traditional sys- would be eligible for the program. tem becomes more apparent. The veteran is To meet the treatment needs of veterans, VTC upon application diverted after arrest and facilitates participants being assessed and directs charging from what was traditionally process- the agency or organization with the available ing into either Drug or Mental Health Treat- veteran resources during their participation in ment Courts instead to a specialized veterans the program. Other unique features of VTC are docket to facilitate peer-to-peer and vet-to-vet the recruitment and assignments of mentors that mentoring. This diversion is in place to help are compatible with veterans who assist them in the veterans cope with their substance and/or their recovery. Veterans will be matched with mental health issues with directed services. retired or current military personnel based on The following guidance from the Tulsa Coun- their branch of service, war or conflict deploy- ty Veterans Treatment Court directive summa- ment, gender and age. rizes the program’s intent: Planning an implementation of the Veterans VTC is designed as a specialized drug Treatment Court was accomplished with no court docket involving veterans charged additional funding. Agencies participating in with felony non-violent criminal offenses Tulsa’s Drug Treatment Court agreed to under- with substance dependency and/or mental take the additional responsibilities of staffing illness. Veterans are identified though spe- the court. Tulsa set an initial participant target cialized screening and assessments. VTC is of 50 veterans. As of today, Tulsa has over 60 voluntary. At regular status hearings, treat- participating. Based on arrest numbers, 538 ment plans and other conditions are peri- were arrested on felony charges, 629 had mis- odically reviewed for appropriateness, demeanors (September 2008-June 2009). At the incentives are offered to reward adherence current arrest rate in Tulsa, the average of 60 to court conditions; sanctions for non- veterans with felony arrests each month would adherence are handled down. Completion translate to 720 eligible veterans per year. of the program is defined according to specific criteria. Upon admission to the VTC, the court staff and mentors assist the vet- About The Author eran with an array of stabilization and Dave Youll is a special district

other services, such as emergency financial assistance, mental/trauma counseling, judge for the 14th Judicial Dis- employment and skills training assistance, trict serving Tulsa County. Cur- temporary housing and veteran and other rently he presides over the Veter- referral services. ans Treatment Court and conducts felony preliminary hear- A GROUNDBREAKING PROGRAM ings. He retired from the Army Tulsa was the third court in the nation to National Guard as a lieutenant launch a Veterans Treatment Court on Dec. 8, colonel, aviation, with over 23 2008. The program now services more than 60 years of service. He serves as an participants. Recent data reflects that military adjunct professor for the University of Phoenix, personal returning from Iraq and Afghanistan criminal administration division and is a member of are likely to present with dual diagnoses to be the Hudson-Hall-Wheaton American Inns of Court.

2746 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 2011 EMPLOYMENT LAW SEMINAR presented by the Oklahoma Employment Lawyers Association Date: Friday, Dec. 2, 2011 – 9 a.m. to 5 p.m. Location: Crabtown in Bricktown, Okla. City CLE CREDIT: CLE credit proposed for 8.0 hours including 1 hour of ethics Tuition: $225 for registration by Nov. 28, 2011 (Buffet lunch included) $255 for registration Nov. 29 and after $25 discount for OELA members & government/public service attys CANCELLATION There will be a $25 charge for cancellations prior to Nov. 29. No POLICY: refunds after Nov. 29, however written materials will be provided. Materials may be purchased for $75 REGISTRATION: Make checks payable to: OELA Send registrations to OELA, 325 Dean A. McGee, Okla. City, OK 73102 Fax No: (405) 235-6111 For more information contact Lori Lanon at (405) 235-6100 PROGRAM 9-9:30 The EEOC’s Perspective Holly Cole, Director, • EEOC v. Abercrombie & Fitch Stores Inc. EEOC Area Office • How attorney can assist the EEOC in making discovery at the administrative level more meaningful • Questions from the audience 9:30 - 10:30 New Supreme Court Decisions Mark Hammons, Sr. 10:30 - 11 New Drug Policy Legislation Loren Gibson 11 - noon New ADA Regulations Brian East Noon - 1 Lunch 1 - 2 Ethics Wayne Dabney 2 - 3 The New Oklahoma Anti-Discrimination Act Sam Fulkerson (Panel Discussion) Daniel Smolen 3 - 3:10 Break 3:10 - 4 New 10th Circuit Decisions Elaine Turner 4 - 4:30 Wage & Hour Update Amber L. Hurst 4:30 - 5 Employee vs Independent Contractor Stephanie M. Lorance

Please complete registration form below and fax, mail or email to [email protected].

Full Name:______Firm:______Address:______City:______State ______Zip ______Phone______Email ______Are you a member of OELA? Yes____ No____ OBA #______Are you a municipal, county or state attorney? Yes____ No____

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2747 2748 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law An Alternate Approach to Helping Veterans By Catherine “Catt” Burton

n June 2010, a group of central Oklahoma leaders, lawyers and veterans gathered in the conference room of the Oklahoma ICounty District Attorney’s Office. My boss, District Attorney David Prater, had enlisted the help of local hero Maj. Gen. Rita Aragon (Ret.)1 Although Mr. Prater wanted to help veterans, he was not sure where to go and how to do it, so he brought a group of us together with Maj. Gen. Aragon to brainstorm and discuss where we thought veterans needed help and how we were going to accomplish such a goal. By the end of the meeting, we decided that we needed to do some research on how we could be most effective in helping veterans who find themselves in the criminal justice system. Tim Wilson, assistant public defender and vet- the DAV,4 the Vets Council,5 Vets Corner,6 the Vet eran Marine lieutenant; Chuck Loughlin, public Center,7 the Oklahoma Department of Veterans defender investigator and veteran Army ser- Affairs, Oklahoma City University School of geant; and I, assistant district attorney and the Law, the University of Oklahoma College of daughter of a World War II and Korea Marine Law and any other place where we felt we could veteran; started our journey. We first went to find a listening ear. Tulsa County’s Veterans Court training, where The goal in our search was to answer a cou- we learned that they have separated veterans ple of questions: who are members of their drug court into a separate group, plus they added many veterans 1) Why do we need specialty programs to groups to the team to help their veterans suc- help veterans?; and ceed. We truly liked their concept, but we also knew that our drug court was full and that we 2) What kind of program should we have to were going to have trouble selling another treat- help veterans? ment court to our Oklahoma County bench. In our search to figure out “why” we needed a With the added help of John Foley, an attorney program to help veterans, my answer came on and father of a Navy SEAL, the four of us started the radio one evening in January when I was visiting any place that served veterans health driving north on 1-35, just south of the Frontier and treatment needs in this area. Essentially, City exit. I was listening to my favorite station, what we found were wonderful heroes all over National Public Radio, and there was a piece on this county and beyond who have dedicated about the fact that Jan. 20, 2011, was going to be the 50th anniversary of John F. Kennedy’s first their lives to helping veterans. We went to the 8 VFW,2 the American Legion, the VA Hospital,3 inaugural speech. It was the anniversary of the speech where Kennedy uttered the challenge,

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2749 “And so my fellow Americans: Ask not what filed, and the charges are resolved by plea bar- your country can do for you — ask what you gain, trial or dismissal of some sort.11 can do for your country.”9 2) Drug Court Model. Treatment Courts are When I started thinking about this, I just the newest approach on the books. Currently couldn’t stop. I kept thinking about all of these in Oklahoma: men and women (who truly put themselves in • Many counties have drug courts.12 harm’s way) and many who gave the ultimate sacrifice by joining the military. • Some counties have mental health courts.13 I decided to ask some of my friends in the courthouse about why they joined and whether • Some counties have domestic violence their sole motivation was “ask not.” In talking courts. Domestic violence courts either to them all, I found that not long after they operate modeling the drug court statutes signed up and they got in, that the greater part or they operate as a condition on an of why they served and why they fought or offender’s probation, or they do some why they stayed was because: kind of combination. • They owed it to the brothers (and sisters) • Two counties have a veterans court.14 on either side of them in battle; • Pursuant to statute, when one success- • They wanted to do it for their country; fully finishes drug court (which is a minimum 12 months and a maximum of • Of what America stood for, and what three years), their outcomes can range they believed in; and from having probation or parole viola- • In the military, you leave no man behind.10 tions dismissed to having all criminal cases against them dismissed. After listening to and re-reading President Kennedy’s speech several times and after lis- 3) Diversion Program Model. The third way tening to countless members of the armed ser- of handling a criminal accusation in Oklahoma vices say to me, “we don’t leave is through some type of diver- anyone behind,” I realized that sion program. In Oklahoma, we the call to attorneys in our nation have three different statutes that was to continue on with those speak to diversions.15 The typi- themes or missions. We could So, our team cal diversion case is either not help veterans (and our country) filed or it is dismissed based on by not leaving those in need decided that our a signed contract with a defen- behind. So, our team decided dant. If the defendant fulfills all that our mission was to develop mission was to conditions, charges are not re- a program targeted specifically filed and they are successfully for veterans in need in the crim- develop a program diverted from the criminal jus- inal justice system so that they tice system. would not be left behind. targeted specifically Our program in Oklahoma We decided that our program County, the Oklahoma County would focus exclusively on vet- for veterans in need in Veterans Program, has chosen erans because many of the prob- to use the diversion program lems that veterans have are the criminal justice model.16 Veterans are applied to endemic to servicemen and our program through their women. We also found in our system so that they defense attorney, through our research that veterans excel bet- assistant district attorneys, ter when with other veterans. would not be left through law enforcement, through the judges or through In looking at the law, Oklahoma behind. the defendants themselves. All uses essentially three avenues to applicants are considered. We handle a criminal defendant: then pull their files and review 1) Traditional Model. The traditional approach them to see if we will grant an interview. We is where the accused is arrested, charges are try to interview everyone who applies, but in three short months, we have had more than 71

2750 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 applicants. No one is accepted into the pro- and health care and treatment that they didn’t gram without an interview with the team. realize was out there for them. We try to assess those in need of immediate help and get them At this time, our team consists of assistant dis- somewhere before the day is over. We have trict attorneys, assistant public defenders, inves- accomplished everything so far without a tigators, a Veterans Administration employee penny due in large part to the commitment of and representatives from a local mental health/ our District Attorney, David Prater, and our day reporting agency. We hope to grow our team Public Defender, Robert Ravitz. to include employment counselors, mental health and drug counselors, and benefits coun- Our goals are mighty, but we take everything selors. We will also be assigning each veteran a one day at a time, just like we preach to our mentor to help them get through everyday prob- participant veterans. We want to be ready for lems. We also hope to have a representative on the thousands of our heroes who are coming the team who helps veterans and their families home soon. We believe that we are serving our deal with issues as a family. We see our program country by reaching out to those veterans at growing to include supervision of veteran defen- their lowest and bringing them back to a place dants on probation as well. But, we are realistic of pride in themselves: a place they held when that we are in the beginning stages of our pro- wearing the uniform of a United States soldier gram, and we must follow our own advice of and serving our country. taking one day at a time. 1. Maj. Gen. Aragon (Ret.) enlisted as an airman basic in the Okla- Once the team conducts an interview, we homa Air National Guard in 1979. In February 1989, she became the first female commander in the Oklahoma Air National Guard. She discuss the applicant in private. After that, our became the first female to hold the rank of brigadier general in the DA’s office has the final say in who is accepted. Oklahoma National Guard and the first female commander of the If the applicant is accepted, they sign a contract Oklahoma Air National Guard in March 2003. She was inducted into the Oklahoma Women’s Hall of Fame in 2009. She currently serves as waiving statute of limitations and agreeing to a the Secretary for the Oklahoma Department of Veterans Affairs. myriad of requirements. The program is at Source: Oklahoma Women’s Hall of Fame Library. 2. Veterans of Foreign Wars. least a year and at most three years. Once the 3. Veterans Administration Hospital. contract is signed, the DA’s office dismisses 4. Disabled American Veterans. 5. Vets Council is the Council of Veterans’ Organizations that meet their charges to enter the Oklahoma County on the first Tuesday of every month at the Oklahoma Veterans’ Build- Veterans Program. If at any time, the team ing at 2311 N. Central, Oklahoma City, 73105. decides that the veteran is not progressing or is 6. Vets Corner is a 100 percent volunteer organization started in the garage of Marine veteran Dale Graham. It has grown into well-oiled not working the program, charges will be re- machine of volunteers who meet every Thursday at the Goldsby Com- filed and the veteran will progress through the munity Center to serve veterans and widows who need help trudging through the morass of paperwork required by the government in order normal criminal justice route. to seek benefits. 7. The Vet Center in Oklahoma City serves combat veterans and is In the last two months, we have signed con- located at 1024 NW 47th St. tracts with 23 veterans. They range in age from 8. www.gpb.org/news/2011/01/18/jfks-inaugural-speech-still- inspires-50-years-later. 23 to 65. We have 22 men and one woman. We 9. www.jfklibrary.org/Research/Ready-Reference/JFK-Miscellaneous- have about 50 outstanding applications. We Information/Inaugural. 10. www.phrases.org.uk/bulletin_board/60/messages/907.html. meet every Friday from 9 a.m. until noon (or 11. Title 22 of the Oklahoma statutes covers most of the criminal later). The first hour is administrative. This is process from arrest through appeal. where we discuss each veteran’s progress or 12. 22 OKLA. STAT. §§471.1-471.10 (1997) (statutory authority for drug courts). issues for the week. The next hour or two is our 13. Oklahoma’s Mental Health Court Act falls under 22 O.S. 472, group meeting with our veterans. They check which is the Anna McBride Act. It became law in 2002. Our mental health court in Oklahoma County looks a lot like our drug court. Par- in with the group and with the team. The rest ticipants must remain drug free and medication compliant in addition of the time is spent interviewing new candi- to all of their other requirements. dates (we interview in jail two Fridays a month 14. Tulsa and Creek counties have veterans courts. Tulsa County’s Veterans Treatment Court operates under the Oklahoma Drug Court and in the Public Defender Library two Fridays Act, found in 22 OKLA. STAT. §§471.1-471.10. a month). 15. 1) 22 OKLA. STAT. §471.11 falls under the Drug Court Statute and allows for a diversion program under the Drug Court Act. It reads: So far, we have managed to get those veter- A) Nothing in this act shall preclude the establishment of substance abuse treatment programs in support of a deferred pros- ans who don’t have housing into some type of ecution program authorized by Section 305.1 of Title 22 of the sober living house or some type of house or Oklahoma statutes. Any such programs established after July 1, 1997, or in existence on July 1, 1997, may be known as a drug apartment. We have been able to have North- court program; provided, the program is not contrary to public care Day Reporting Center have daily contact interest or provision of law. B) Any drug court program established and in existence prior to with almost all of our veterans. We have been July 1, 1997, which is not limited to treatment programs in sup- able to help veterans start receiving benefits port of deferred prosecution programs shall be considered a

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2751 drug court program, as defined in Section 471.1 of this title, for all purposes of the Oklahoma Drug Court Act. 2) 22 OKLA. STAT. §§305.1-305.6 is the deferred prosecution statute. The original statute was passed in 1979. Essentially, this statute allows the state of Oklahoma to enter into an agreement with the accused to defer the filing of criminal charges in order to give the defendant an opportunity to successfully complete a program. In 2007, the Legislature extended the time of the deferred prosecution agreement to last up to three years. A) If the defendant is successful, charges are not filed (or re-filed) as the case may be. B) If the defendant is not successful, charges are filed or (re-filed) as the case may be. The defendant is then prosecuted just as in Section I above. C) Although our diversion statute has been on the books since 1979, using it to develop a structured program catering to specific individuals is the part that has been rarely used. 3) 22 OKLA. STAT. §991f-1.1 provides the third diversion statute in Oklahoma. This type of diversion program focuses on defendants who owe restitution and who are trying to avoid a criminal record by getting an opportunity to pay restitution (as well as fulfill other obligations) and avoid charges. 16. 22 OKLA. STAT. §§305.1-305.6.

About The Author

Catherine “Catt” Burton graduated from Shawnee High School and the University of Oklahoma. She has been with the Oklahoma County Public Defender’s Office, John W. Coyle III and Burton & Goodman PLLC. In 2007, she returned to public service working for her dear friend, David Prater, at the Oklahoma County District Attorney’s Office. She is a team leader over misdemeanors and “treatment” programs.

2752 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: Judge for Oklahoma Court of Civil Appeals District Six, Office Two This vacancy is created by the retirement of the Honorable Carol M. Hansen effective January 1, 2012.

To be appointed to the office of Judge of the Court of Civil Appeals, one must be a registered voter of the respective judicial district at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, such appointees shall have had a minimum of four years experience as a licensed practicing attorney, or as a judge of a court of record, or both within the State of Oklahoma.

Application forms can be obtained online at www.oscn.net under the link to Judicial Nominat- ing Commission, or by contacting Tammy Reaves, Administrative Office of the Courts, 2100 North Stiles, Suite 3, Oklahoma City, Oklahoma 73105, (405) 556-9862, and should be submitted to the Chairman of the Commission at the same address no later than 5 p.m., Friday, December 16, 2011. If applications are mailed, they must be postmarked by midnight, December 16, 2011. Jim Loftis, Chairman Oklahoma Judicial Nominating Commission

NOTICE OF PUBLIC HEARING on the SCHEDULE OF MEDICAL and HOSPITAL FEES

The Oklahoma Workers’ Compensation Court Administrator will hold two public hearings in order to receive public comments regarding revision of the workers’ compensation Schedule of Medical and Hospital Fees. The public hearings will be held Thursday, December 1, 2011 at 1:30 p.m. in the Audi- torium of the Oklahoma Judicial Center, 2100 N. Lincoln Blvd., Oklahoma City, OK, and on Tuesday, December 6, 2011 at 1:30 p.m. in the Auditorium of the Kerr State Office Building, 440 South Hous- ton, Tulsa, OK. The proposed fee schedule changes will be available online at:

www.owcc.state.ok.us/Whats_new.htm

Comments concerning the fee schedule are encouraged and requested to be submitted in writing at or before the public hearing; comments will be accepted by the Court through December 9, 2011. Submit comments to the Workers’ Compensation Court Administrator, 1915 N. Stiles Ave., Oklahoma City, OK 73105, or electronically to [email protected].

Parking for the Oklahoma City public hearing is available in the South parking lot of the State Capitol Building. Both public hearing locations have a security screening station which all attendees are required to go through.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2753 2754 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law Veterans Administration Benefits A General Practitioner’s Guide to Aid and Attendance Pension By Dalen D. McVay

any of Oklahoma’s veterans face difficult decisions regarding the cost of long-term care and what financial Massistance programs and benefits may be available to them. As the cost of living in elder care communities continues to rise, the ability to place a loved one in a community carries a heavy financial burden. The decisions become even more complicated when it comes to assisted living arrangements. Historically, Medicaid has been available for impoverished individuals who meet health, income and asset tests to assist residents with the ever-rising costs of care. Additionally, Medicaid has been available to assist individuals who require nursing-type care while living at home, through the ADvantage Waiver program. Although the eligibility tests are the same as for nursing home assistance, the ADvantage Waiver program will allow those that qualify by paying up to 20 hours a week for hospice-type programs.

Many have pondered the question: “Why will ing Medicaid applicants, the Oklahoma Health Medicaid cover individuals who need assistance Care Authority is the state agency responsible in activities of daily living but can live at home, for the Medicaid program and has approved while also covering long-term care facilities, but only two assisted-living facilities in the state of will not cover individuals who require more Oklahoma to accept Medicaid recipients as care than those staying at home but not as much “pilot” programs. The approval of the two care as those in nursing facilities, i.e., living in facilities was completed over a year ago. To this assisted living facilities?” Although the question author’s knowledge, they are still the only is a legitimate one, the Legislature has recently “Medicaid approved” assisted-living facilities in attempted to remedy this issue by passing a bill the state of Oklahoma. Although other facilities that will allow assisted-living facilities to be able have applied for the licensure, they have yet to to accept Medicaid residents. While many wel- be approved. comed the change, for the most part, the change This begs the question: Are families being has been substantially short-lived. While the forced to choose long-term care facilities over Oklahoma Department of Human Services is otherwise available assisted-living communities responsible for reviewing and approving/reject-

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2755 solely to receive governmental instance, there is no “look back” assistance through the Medicaid Most believe rule regarding applications for program? veterans benefits. Income and assets are determined solely at Although the quandary is a that for an individual the date of the application. In stifling one, don’t fret. There is regard to the “assets” test denot- still help available for veterans or their spouse to be ed above, there is no hard and or their spouses through the Vet- fast rule regarding an asset erans Administration (VA). Most qualified to receive limit. The Veterans Administra- believe that for an individual or tion considers each case on an their spouse to be qualified to monetary assistance individual basis and applies a receive monetary assistance general rule that non-exempt from the VA, the veteran must from the VA, the assets exceeding $80,000 are have been injured or died dur- usually considered excessive, ing combat. This simply is not veteran must have whether the party receiving the the case. For the most part, the benefit is married or single. “improved pension” of the aid been injured or died and attendance program is In summation, there are widely unheard of. To qualify during combat. numerous governmental bene- for the benefit, the veteran or fits in addition to the aid and veteran’s spouse must need the This simply is not attendance benefit described aid and attendance of another above that are available for indi- person for any activity of daily the case. viduals living in a long-term living. “Activities of daily living” care facility, assisted-living facil- include dressing/undressing, ity or homebound that the major- eating, cooking, mobility, bathing, etc.1 The vet- ity of people, including many elder law attor- eran and/or spouse does not need to be confined neys, are unaware of. A large majority of elder to an assisted living community; nursing homes law clients are completely unaware of the VA and individuals residing at home can also quali- benefits available to them and have never applied fy for the benefits. To qualify for this benefit, the for the same. Veterans and their spouses should veteran does NOT have to be injured in combat. be strongly encouraged to at least seek advice It is completely distinct and separate from ser- concerning the benefits that may be available to vice-related injuries. To qualify for aid and atten- help assist with the rising costs of elder care. dance benefits, the veteran must have: 1. 28 U.S.C.S. §1502(b). 1) Served at least 90 days of consecutive 2. 38 U.S.C.S. §1521(j). 3. 38 U.S.C.S §1521. active duty service, one day of which must 4. 38 U.S.C.S. §1522. have been during a war-time period;2 5. 38 U.S.C.S. §1521(a). 6. 38 U.S.C.S. §1502(a). 2) Received a discharge other than dishon- 7. See U.S. Department of Veterans Affairs, VA Pension Benefits, www. orable; vba.va.gov/bln/21/pension/vetpen.htm (accessed Feb. 26, 2009). 3) Limited income3 and assets;4 4) A permanent and total disability at the About The Author time of application;5 Dalen D. McVay is a partner 5) A disability that was caused without of the Enid-based law firm of willful misconduct of the claimant;6 and Ewbank, Hennigh & McVay 6) A signed application and provides the PLLC and practices in the areas application to the Veterans Administration. of elder law, estate planning, probate, family law, real estate To qualify for No. 4, any veteran above the and transactional law. He age of 65 is presumed to be totally or perma- received a Bachelor of Science nently disabled; however, the VA will require from the University of Central an affidavit from a physician attesting to the Oklahoma, a Master of Science claimant’s condition.7 The tests for qualifica- from Iowa State University and his J.D. from Okla- tion are much more relaxed and less stringent homa City University. than the qualification tests for Medicaid. For

2756 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 In Memory of Sharon Corbitt and Bill Hood, the OBA Family Law Section Presents: “ 25 Oklahoma Family Law Cases You Should Know ” In honor of the Family Law Section’s Silver Anniversary, Professor Robert Spector & Section Founders will present an overview and analysis of the Top 25 Oklahoma Family Law Cases Oklahoma State University / OKC Campus Friday, December 9, 2011 Student Center Building / 3rd Floor (North Conference Room) 900 North Portland Avenue Held only in Oklahoma City Oklahoma City, Oklahoma 73107 Map: www.osuokc.edu/map/directions.aspx

Program Agenda: 8:30 – 9 Registration / Coffee & Donuts 11:50-12:40 Lunch (included with registration fee) 9 Welcome 12:40-1:30 Kit Petersen 9:05 Program Introduction / Professor Spector 1:30-2:20 Carolyn Thompson 9:10-10 Jon Hester 2:20-2:30 Break 10-10:10 Break 2:30-3:20 Professor Spector 10:10-11 Rees Evans 3:20-4 Questions / Comments / Open Discussion 11-11:50 Chris Szlichta 4 Adjourn The OBA Family Law Section is a Presumptive Oklahoma MCLE Provider. This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 6 hrs of mandatory CLE Credit & 0 hrs Ethics.

Test your family law case knowledge! Prepare a list of what Top 25 Family Law cases will be revealed during the CLE and submit it with this form (must include full case name and citation). The registrant with the most correct number of cases will win a prize to be awarded during the seminar. One entry per registrant; and the deadline to submit an entry is December 8, 2011 at 5 p.m.

Family Law Section Reception 5 - 7 p.m. Beacon Club 210 Park Avenue, Suite 2230 Oklahoma City Immediately following the CLE program, the OBA FLS is hosting a Reception in honor of Professor Robert Spector and the Section Founders. Join us for this opportunity to thank our Founders for their hard work and continued support of the Section. The Reception is included in the CLE registration...... Cost: $140 if received by 5 p.m. on or before November 30, 2011. $160 if received on or after December 1, 2011. Cost of registration includes materials, lunch, and Reception. A $25 fee will be charged for cancellations made within four (4) full business days of the seminar date. Cancellations, refunds, or transfers will not be accepted on or after the seminar date. Fully complete and return this form and check payable to OBA Family Law Section to: Tamera A. Childers, JONES, GOTCHER & BOGAN PC, 3800 First Place Tower, 15 East 5th Street, Tulsa, Oklahoma 74103; Fax (918) 583-1189.

Materials Only ______($75) Name (Please print or type) OBA # (FOR CLE CREDIT) I am an Oklahoma Appellate ______or District Court Judge. My Street Address City, State, Zip enrollment is FREE. ______ My list of 25 cases is enclosed Telephone Email For Visa or MasterCard (Processed through OBA) Yes, I will attend the Reception Credit Card #______Expiration Date______ No, I will not attend the Authorized Signature______Reception You will NOT receive a confirmation of registration. Your completed registration form is your receipt. Questions: Contact Tamera A. Childers at (918) 581-8200 or email at [email protected].

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2757 2758 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Military Law At Ease: A Guide for Legal Research Related to Military Issues By Darla W. Kite-Jackson

or those unfamiliar with federal bureaucratic and military structure, researching veterans benefits and military justice Fcan be a maze of confusion filled with strange acronyms. Providing some basic knowledge of the structure of the system and resources that can point researchers in the right direction is the purpose of this article. This work is not an exhaustive list, but will provide the uninitiated with a basic set of resources to begin research in two areas of law related to military issues.

On the battlefield, military servicemembers assist the legal advocate in identifying and develop excellent problem-solving skills. Part of applying specific primary authority on behalf of their problem-solving process is developing a the client. familiarity with the hostile environment in Oklahoma Bar Association Young Lawyers which they are operating. Veterans attempting Division, Resource Guide for Lawyers Assisting to overcome obstacles to obtaining benefits at Veterans — Pages 15-26 of this 30-page resource home often cannot succeed without the assis- address the topic of assisting veterans with ben- tance of an attorney familiar with the environ- efits claims, denials and appeals. While this ment and trained in researching issues and resource is not yet available electronically, simi- advocating for the veteran. In his second inau- lar information is available via the Solo/Small gural address, Abraham Lincoln challenged the Practice Series: Assisting Veterans in the Novem- nation as follows: “with charity for all … let us ber 2010 Texas Bar Journal.2 The Texas Bar Journal strive on to finish the work we are in; to bind up is available at no cost via the Internet as well as the nation’s wounds; to care for him who shall via subscription databases. have borne the battle, and for his widow, and his orphan.”1 Ensuring that veterans and their Barton F. Stichman & Ronald B. Abrams, dependents receive the benefits they have earned eds., Veterans Benefits Manual (Matthew Bend- is a step toward answering that challenge made er & Co. 2010) — Written by attorneys at the long ago. National Veterans Legal Services Program RESOURCES ON VETERANS BENEFITS (NVLSP), the Veterans Benefits Manual contains CLAIMS, DENIALS AND APPEALS sample forms and briefs, checklists, citations to legal authorities and other useful information. This brief article does not discuss the research Despite being published by Matthew Bender, of statutes, federal and state regulations, and this resource is not currently available electroni- agency and court decisions. This work instead cally through LexisNexis. The Veterans Benefits concentrates on secondary sources that will

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2759 Manual is available in print at Margaret C. Jasper, Veter- the Oklahoma City University The Survival Guide ans Rights and Benefits Law Library as well as via the (Oxford University Press, Metropolitan and Tulsa City- provides information 2009) — This title is part of Country Library Systems. The the Law for the Layperson series. manual may also be purchased about benefits, assistance While the author is not an for $140 from Lexis.3 expert practitioner in the area of military service-related The Veterans Advocate: A and resources available, benefits, she is an experi- Veterans Law and Advocacy enced researcher and writer Journal (National Veterans as well as the directions and has authored a number Legal Services Program) — of other titles aimed at pro se Like the Veterans Benefits Man- for navigating the litigants. The book discusses ual, this resource is prepared topics such as basic health by the NVLSP. While the title bureaucracy often care, including specializa- suggests it is a journal, some tions such as PTSD or ampu- refer to the publication as a involved in addressing tation therapies, education newsletter. Published quarter- and vocational rehabilitation, ly, The Veterans Advocate pro- veteran and spousal support, home loans, vides in-depth analyses of life insurance, and burial and issues affecting veterans bene- servicemember survivor benefits. The re- fits entitlement, including source is not available elec- practical advice and advocacy issues. tronically but can be pur- tips for those representing vet- chased from Oxford Univer- erans and their dependents. sity Press.10 This title is also The Veterans Advocate is avail- available at the OCU, OU and University of able via and electronic annual fee-based sub- 4 Tulsa law libraries as well as through the Pio- scription. OCU Law Library and the Univer- neer and Tulsa City-County Public Library sity of Oklahoma Law Library also provide Systems. limited access to the print version of The Veter- ans Advocate. The American Veterans and Service Members Survival Guide: How to Cut Through the (Board of Veterans’ Veterans Law Review Bureaucracy and Get What You Need — and Appeals, 2009-current) — This journal is edit- Are Entitled To (National Veterans Legal Ser- ed by lawyers and veterans law judges vices Program, 2009) — While the publisher employed by the Board of Veterans’ Appeals. It and sponsoring institution is acknowledged as is published with appropriated funds of the the Veterans for America, the copyright on the Department of Veterans Affairs and has a stat- book is held by the NVLSP and some of the ed goal of encouraging “frank discussion of coverage overlaps with that of other NVLSP relevant legislative, administrative and judicial 5 publications. As noted in the introduction to developments in veterans benefits law.” The this resource, one of its new features is that it is Veterans Law Review is available electronically available for no cost via the Internet.11 The Sur- via the United States Department of Veterans 6 vival Guide provides information about bene- Affairs website. fits, assistance and resources available, as well Federal Benefits for Veterans, Dependents & as the directions for navigating the bureaucra- Survivors (Department of Veterans Affairs) cy often involved in addressing veteran and — This resource, which is available electroni- servicemember issues.12 In addition, chapter 27 cally at no cost,7 is primarily an explanation of of the Survival Guide also contains a very brief the available benefits for veterans and their general overview of the military justice system dependents. Unlike the publications of the and the Uniform Code of Military Justice. NVLSP, this publication does not include prac- Before moving on to resources providing tice tips or in-depth analysis. With the intro- guidance on military justice, there are two duction, the publication does include a list of 8 additional resources that, like the American Vet- acronyms that may be useful. However, a erans and Service Members Survival Guide, more extensive resource for interpretations of 9 address a variety of issues related to military acronyms is the acronymfinder.com website. service.

2760 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 OBA-Net Military Law Forum — This forum discusses these primary sources.16 Similar to the contains messages on a number of topics, resources suggested in the section on benefits including benefits and military justice issues. above, the works outlined in this section are sec- Oklahoma lawyers who are unfamiliar with ondary sources that will assist the researcher in these issues do not simply have to wait for oth- identifying, understanding and applying spe- ers to post. The forum can be used to solicit cific primary authority. advice from colleagues with more experience Military Justice: Courts-Martial, an Over- in the area. However, attorneys should be cau- view (Congressional Research Service)17 — tious in posting items that might disclose con- This report from the Congressional Research fidential information. OBA-Net is a free, mem- Service (CRS)18 is an updated report based on bers-only online discussion board available at similar previous reports by the CRS. The CRS www.oba-net.org. report discusses the military justice system and The Military Commander and the Law, 10th sets forth the types of courts-martial estab- Edition (Air Force Judge Advocate School, lished by the Uniform Code of Military Justice. 2010) — This resource addresses not only mili- The report also discusses the basis for conven- tary justice procedures, but also administrative ing a courts-martial and compares the constitu- and personnel actions, legal assistance pro- tional safeguards available in the civilian court grams, and benefits under the Servicemembers system with safeguards put in place by the Civil Relief Act and the Uniformed Services Uniform Code of Military Justice for military Employment and Reemployment Rights Act. courts. Intended for non-attorney commanders, the Criminal Law Deskbook (U.S. Army Judge publication provides information in an outline Advocate General’s School, 2010) – The crimi- form as well as citations to Air Force and nal law department at the Judge Advocate Department of Defense Instructions and Direc- General’s Legal Center and School, U.S. Army, tives. The Military Commander and the Law is prepares the Deskbook “as a resource for Judge available electronically at no cost.13 Advocates, both in training and in the field, No soldier, airman, sailor, marine, or coast and for use by other military justice practitio- guardsman, male or female, will object to the ners.”19 The Criminal Law Deskbook covers mili- swift and proper punishment of an offender. tary justice procedure in Volume I and substan- They ask only that the procedures used be fair; tive criminal law in Volume II. While the Desk- that those charged with misconduct have a book does attempt to be “an accurate, current, proper hearing and be afforded the same basic and comprehensive resource,” the preface cau- rights fundamental as all American citizens. tions that practitioners should “always consult Recognizing the unique nature of military life relevant primary sources, including the deci- and operations, they do not require every ele- sions in cases referenced” in the Deskbook.20 ment of customary civilian procedure. They do Additionally, although some other service reg- demand candor, fairness and justice. Nothing ulations are cited, because the Deskbook is pre- less is due them.14 pared by the U.S. Army Judge Advocate School, when applicable, it primarily references Army MILITARY JUSTICE regulations. The full text of both volumes of the Federal military justice research is based in Deskbook are available electronically at no cost several primary sources including the Consti- from the Library of Congress.21 tution of the United States, the Uniform Code Eugene R. Fidell, Elizabeth L. Hillman, of Military Justice, executive orders of the presi- Dwight H. Sullivan, Military Justice: Cases dent (including the Manual for Courts-Martial and Materials (LexisNexis Matthew Bender, and the Military Rules of Evidence), Regulations 2007) — Eugene Fidell, one of the authors of of the Department of Defense and the specific this casebook, is one of the most often refer- armed services and military case law. This brief enced experts on military justice and the presi- article will not address the research of these pri- dent of the National Institute of Military Jus- mary authorities. Rather, it is suggested that tice. This casebook provides coverage not only attorneys reference an excellent guide on of the U.S. court-martial system, but also of researching these primary sources available from other national systems of military criminal law. the Law Librarians Society of Washington, D.C.15 However, the material focuses heavily on the Additionally, the research guide on military jus- U.S. system. tice available from the OCU Law Library also

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2761 David A. Schlueter, Military Criminal Jus- ebook edition is available for purchase24 and tice: Practice and Procedure (LexisNexis/Mat- the manual is also available as a searchable thew Bender, 2004) — Written by David A. database via LexisNexis. Schlueter, who served in the Army Judge David A. Schlueter, Stephen A. Saltzburg, Advocate Corps and is well-known author cur- Lee Schinasi, & Edward J, Imwinkelried, rently on faculty at the St. Mary’s School of Military Evidentiary Foundations, Fourth Edi- Law, this one-volume work is “an attempt to tion (LexisNexis/Matthew Bender, 2010) help first, those practicing military justice — — both civilian and military — to do it right. But This is another work done in cooperation with the text should also assist students of the sys- David Schlueter. As the title implies, the book tem in understanding what military justice is is designed to assist military justice practitioners understand how to establish a foundation all about …”22 This resource provides coverage of many aspects of military criminal law, to gain admission or exclusion of evidence. The including procedural considerations from authors suggest sample lines of questioning for motion practice through trial and appeal as establishing foundations applying military evi- well as substantive crimes. The book also con- dence law. This resource is available in print tains a glossary and list of commonly used and is also accessible via LexisNexis. abbreviations which may be helpful to those David A. Schlueter, Ken Jansen, Kevin J. unfamiliar with many of the military acro- Barry & Kenneth A. Arnold, Military Crimi- nyms. Research in other sources is also facili- nal Procedure Forms, Third Edition (Lexis- tated by the annotated bibliography following Nexis/Matthew Bender, 2009) — This resource each chapter. Although published in 2004, the provides forms, motions, letters and other print edition of this title, which is available material related to the court-martial process. In from the Lexis store,23 is kept up-to-date with addition to the forms, which reflect the differ- supplements. However, because Military ing practices of the services, the authors have Criminal Justice is available on LexisNexis, also included analysis and discussion of appli- some libraries are no longer updating the cable statutory, regulatory and case law. Like resource in print. the other resources by Schlueter published by Lexis, this resource is available in print25 and also available electronically via LexisNexis. Law Review Articles on Military Justice Issues — In addition to the deskbooks, case- Additionally, military books and treatises set forth above, there are a number of law reviews and serial publications servicemembers may face situations focusing on military law issues. These publications include the Air Force Law Review, Naval Law in which a case can be charged in Review and the Military Law Review. These reviews are published by the judge advocate both a civilian state court system or general schools of each of the respective services. Limited runs of the print reviews are available at in the military court. Oklahoma’s academic law libraries. The law reviews are available electronically via West- law/WestlawNext, LexisNexis, HeinOnline and David A. Schlueter, Stephen A. Saltzburg, other fee-based subscription databases. Addi- & Lee Schinasi, Military Rules of Evidence tionally, the law reviews and other publications Manual, Sixth Edition (LexisNexis/Matthew are available via no-cost websites.26 Bender, 2006) — This manual is a two-volume set and includes the official text of each rule of The resources identified above address fed- evidence, editorial comment on each rule, a eral military justice procedure and issues. drafters’ analysis, and annotations of cases that However, military justice actions may also be initiated at the state level. The Oklahoma Uni- have interpreted and applied the rule. Although 27 the manual is not available for purchase in form Code of Military Justice, codified at print, information concerning the nearest Okla. Stat. tit 44, §§3200 et.seq, may serve as library holding a print copy may be obtained basis for justice actions regarding “members of the state military forces who are not in federal by searching http://www.worldcat.org. Alter- 28 natively, a downloadable 25th Anniversary service.”

2762 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Additionally, military servicemembers may 16. Darla Jackson, Military Justice Research Guide, http://law.okcu. libguides.com/content.php?pid=174909 (last visited Sept. 19, 2011). face situations in which a case can be charged 17. R. Chuck Mason, Cong. Research Serv., R41739, Military in both a civilian state court system or in the Justice: Courts-Martial, An Overview (2011), available at http:// www.fas.org/sgp/crs/natsec/R41739.pdf. military court. In such cases, it is important to 18. Previous CRS on this topic is Estela I. Velez Pollack, Cong conduct research regarding handling of the Research Serv., RS21850, Military Justice: Courts-Martial, An Overview (2014), available at www.fas.org/man/crs/RS21850.pdf. allegations in both systems, giving special 19. Daniel G. Brookhart, Foreword to Army Judge Advocate Gener- attention to the policy of the military service in al’s Legal Center and School, Criminal Law Deskbook (2010), avail- regards to exercise of jurisdiction if a case is able at www.loc.gov/rr/frd/Military_Law/pdf/Crim-Law-Desk book_V-1.pdf. being handled by civilians. Many civilian juris- 20. Id. dictions, including Tulsa County, have estab- 21. Army Judge Advocate General’s Legal Center and School, Criminal Law Deskbook (2010), available at www.loc.gov/rr/frd/ lished a special court system designed to more Military_Law/pdf/Crim-Law-Deskbook_V-1.pdf and www.loc.gov/ effectively address the issues of veterans and rr/frd/Military_Law/pdf/Crim-Law-Deskbook_V-2.pdf. 22. David A. Schlueter, Preface to the Seventh Edition of David A. servicemembers affected by combat opera- Schlueter, Military Criminal Justice: Practice and Procedure, at tions.29 If a special court exists, an effective __ (7th ed. 2008). 23. LexisNexis, Description of the Seventh Edition of David A. Schlu- advocate may be able to successfully negotiate eter, Military Criminal Justice: Practice and Procedure, www. the processing of the case in the special court. lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?page Name=relatedProducts&prodId=6571 (last visited Sept. 19, 2011). Individuals needing additional research 24. LexisNexis, Description of the Sixth Edition of David A. Schlueter, Stephen A. Saltzburg, & Lee Schinasi, Military Rules of Evidence assistance related to benefits or military justice Manual, Sixth Edition (2008), LexisNexis, Description of the 25th issues may contact the author or the reference Anniversary Edition of David A. Schlueter, Stephen A. Saltzburg, & librarians at any of the academic law libraries Lee Schinasi, Military Rules of Evidence Manual (2011), http://www. lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?page in Oklahoma for additional assistance. Name=relatedProducts&prodId=prod-us-ebook-66911-mobi (last visited Nov. 17, 2011). 1. Abraham Lincoln, Second Inaugural Address (1865), available at 25. LexisNexis, Description of the Third Edition of Ken Jansen, Kevin www.bartleby.com/124/pres32.html. J. Barry & Kenneth A. Arnold, Military Criminal Procedure Forms, 2. Assisting veterans. 73 TEX. B.J. 848 (2010), available at www.texas Third Edition (2009), www.lexisnexis.com/store/catalog/booktem bar.com/AM/Template.cfm?Section=Texas_Bar_Journal&Template=/ plate/productdetail.jsp?pageName=relatedProducts&skuId=SKU680 CM/ContentDisplay.cfm&ContentID=11683. 0&catId=116&prodId=6800 (last visited Sept. 19, 2011). 3. LexisNexis, Veterans Benefits Law and Advocacy, www.lexisnexis. 26. See Military Justice Research Guide, supra note 16, for addi- com/veteranslaw/maninfo.asp (last visited Sept. 16, 2011). tional information on access to law review and other articles related to 4. National Veterans Legal Services Program, Publications — The military justice. Veterans Advocate, www.nvlsp.org/Publications/Bookstore/Journal/ 27. Okla. Stat. tit 44, §§3200 to 4002 (2011), available at www.oscn. veteransadvocate.htm (last visited Sept. 16, 2011). net/applications/oscn/Index.asp?ftdb=STOKST44&level=1. 5. United States Department of Veterans Affairs, Board of Veterans’ 28. Okla. Stat. tit 44, §§3202 (2011), available at www.oscn.net/ Appeals, Front matter, 3 Veterans L. Rev. v (2011), available at www. applications/oscn/Index.asp?ftdb=STOKST44&level=1. bva.va.gov/docs/VLR_VOL3/VLR-FrontMatterPages-i-vi.pdf. 29. Tiffany Cartwright, “To Care for Him Who Shall have Borne the 6. United States Department of Veterans Affairs, Board of Veterans’ Battle”: The Recent Development of Veterans Treatment Courts in America, Appeals, Veterans Law Review, www.bva.va.gov/VLR.asp (last visited 22 Stanford L. & POL. REV. 295 (2011). Sept. 16. 2011). 7. United States Department of Veterans Affairs, Federal Benefits for Veterans, Dependents and Survivors (2011), available at www.va.gov/opa/publications/benefits_book.asp. 8. United States Department of Veterans Affairs, Introduction, Fed- About The Author eral Benefits for Veterans, Dependents and Survivors (2011), available at www.va.gov/opa/publications/benefits_book/benefits_ introduction.asp. Darla Jackson is the associate 9. Acronym Finder, www.acronymfinder.com/ (last visited Sept. director of the Oklahoma City 16. 2011). 10. Catalog offering for Veterans’ Rights and Benefits, Oxford Uni- University School of Law Library, versity Press, www.oup.com/us/catalog/general/subject/Law/ where she also serves as adjunct UnallocatedMiscellaneous/?view=usa&ci=9780195376524#Author_ Information (last visited Sept. 16, 2011). faculty. She earned a master of 11. National Veterans Legal Services Program, The American library and information studies Veterans and Service members Survival Guide: How to Cut degree from the University of Through the Bureaucracy and Get What You Need — and Are Entitled To (2009), available at www.nvlsp.org/images/ Oklahoma, a J.D. from the OU Survival%20Guide-102309.pdf. College of Law, an LL.M. in 12. Joe Hodnicki, The American Veterans and Servicemembers Survival Guide, Law Librarians Blog (Nov. 11, 2008), (http://lawprofessors. international law from the University of Georgia and typepad.com/law_librarian_blog/2008/11/the-american-ve.html. a master of military operational arts and science from 13. Air Force Judge Advocate General’s School, Military Com- mander and the Law (10th ed. 2010), available at www.afjag.af.mil/ Air University. She practiced law as an Air Force shared/media/document/AFD-101025-032.pdf. judge advocate from 1989-2003. She is a member of 14. Susan J. Crawford, Foreword to Francis A. Gilligan & Fredric I. the OBA Technology Committee. Lederer, Court-Martial Procedure vii (3rd ed. 2006). 15. Steve Young, Reporting for Duty: A Primer on Researching Military Law, L.Lib Lights, Winter2004 at 1, available at www.llsdc. org/attachments/wysiwyg/232/winter04.pdf.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2763 Cathy Christensen Peggy Stockwell James Stuart Oklahoma City Norman Shawnee President Vice President President-Elect 2012 OBA Officers &

New Board Linda Thomas Kimberly Hays Members Bartlesville Tulsa

Bret Smith Nancy Parrott Jennifer Kirkpatrick Muskogee Oklahoma City Oklahoma City

2764 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 ANNUAL MEETING House of Delegates Actions Actions of the OBA House of Delegates on matters submitted for a vote at the 107th Annual Meeting on Friday, Nov. 4, 2011, are as follows:

RESOLUTION NO. ONE: RESOLUTION NO. THREE: DISCLOSURE AGREEMENT CORRECTING REFERENCES BE IT RESOLVED by the House of Dele- TO SECTION 3230. gates of the Oklahoma Bar Association that BE IT RESOLVED by the House of Dele- the Association adopt, as part of its legisla- gates of the Oklahoma Bar Association that tive program, as published in The Oklahoma the Association adopt, as part of its legisla- Bar Journal and posted on the OBA website tive program, as published in The Oklahoma at www.okbar.org, proposed legislation Bar Journal and posted on the OBA website amending 12 O.S. Supp. ____, Section 2502, at www.okbar.org, proposed legislation Attorney-Client Privilege. (Requires 60% amending 12 O.S. Supp. ____, Section 3237, affirmative vote for passage. OBA Bylaws Art. Failure to Make or Cooperate in Discovery VIII Sec. 5) (Submitted by the Civil Procedure – Sanctions. (Requires 60% affirmative vote and Evidence Code Committee. Adoption rec- for passage. OBA Bylaws Art. VIII Sec. 5) ommended by the OBA Board of Gover- (Submitted by the Civil Procedure and Evi- nors.) dence Code Committee. Adoption recom- Action: Adopted mended by the OBA Board of Governors.) Action: Adopted

RESOLUTION NO. TWO: CORRECTING REFERENCES RESOLUTION NO. FOUR: TO SECTION 3230.ADOPTED CREATION OF STATE OFFICE BE IT RESOLVED by the House of Dele- OF ADMINISTRATIVE TAX gates of the Oklahoma Bar Association that HEARINGS ADOPTED the Association adopt, as part of its legislative program, as published in The Oklahoma BE IT RESOLVED by the House of Dele- Bar Journal and posted on the OBA website gates of the Oklahoma Bar Association that at www.okbar.org, proposed legislation the Association adopt, as part of its legisla- amending 12 O.S. Supp. ____, Section 3232, tive program, as published in The Oklahoma Use of Depositions in Court Proceedings. Bar Journal and posted on the OBA website (Requires 60% affirmative vote for passage. at www.okbar.org, proposed legislation OBA Bylaws Art. VIII Sec. 5) (Submitted by creating new law to be codified as 74 O.S. the Civil Procedure and Evidence Code Com- Section 9100 et seq. and amending existing mittee. Adoption as amended recommended laws to create a State Office of Administra- by the OBA Board of Governors.) tive Tax Hearings to have authority to hear Oklahoma tax controversies and to imple- Action: Adopted as amended to incorporate ment an independent Oklahoma Tax Com- revision marks inadvertently omitted mission internal review and settlement program. (Requires 60% affirmative vote for passage. OBA Bylaws Art. VIII Sec. 5) (Sub- mitted by the Chair and a former Chair of OBA

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2765

ADOPTED Taxation Law Section as Members of the Asso- TITLE EXAMINATION ciation. Adoption recommended by the OBA Board of Governors.) STANDARDS Action: Adopted Action: The Oklahoma Title Examination Standards revisions and additions published in The Oklahoma Bar Journal 82 2566 (Oct. 22, 2010) and posted to the website at www.okbar.org were approved in the proposed form. The revisions and additions are effective immediately. All resolutions are available in their entirety at ADOPTED http://am.okbar.org/2011/bar-business/resolutions/

NOTICE OF PUBLIC HEARING ON PROPOSED CHANGES TO WORKERS’ COMPENSATION COURT RULES

The Workers’ Compensation Court invites public input on proposed changes to its Court rules. The Court will hold two public hearings as follows. The public hearings are per 85 O.S., Section 303(D). • Tulsa, Oklahoma – Wednesday, December 7, 2011 at 1:30 p.m. in the Auditorium of the Kerr State Office Building, 440 South Houston, and • Oklahoma City, Oklahoma – Thursday, December 8, 2011 at 1:30 p.m. in the Auditorium of the Oklahoma Judicial Center, 2100 N. Lincoln Blvd. All comments and suggested revisions (including a brief statement of need and proposed wording) should be submitted in writing to Judge Owen T. Evans, Workers’ Compensation Court, 440 South Houston, Suite 210, Tulsa, OK 74127 or to Tish Sommer, Special Counsel, Workers’ Compensation Court, 1915 N. Stiles Avenue, Oklahoma City, OK 73105; or sent by email to CourtRulesComments@ owcc.state.ok.us. Comments will be accepted by the Court through December 8, 2011. Copies of the proposed rules are available for viewing at the Workers’ Compensation Court’s offices in Oklahoma City and Tulsa. Electronic copies are available on the court’s website under “What’s New” at http://www.owcc.state.ok.us. Parking for the Oklahoma City public hearing is available in the South parking lot of the State Capitol Building. Both public hearing locations have a security screening station which all attendees are required to go through.

2766 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 PHOTO HIGHLIGHTS OBA 107th Annual Meeting Nov. 2 - 4, 2011 • Hyatt Regency Hotel, Tulsa

OBA President-Elect Cathy Christensen, Judge D.W. Boyd, Justice Douglas Combs and OBA President Deborah Reheard

Board of Governors voting at the House Attendees at President’s Boots and of Delegates Bandanas Reception

OBA members hope for a good hand in Blackjack at the YLD Casino Night.

Attendees socialize at the President’s Boots and Bandanas Reception.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2767 Red Dirt Rangers band

OBA President Deborah Reheard addresses the Annual Luncheon. OBA President Deborah Reheard presents a Presi- dent’s Award to Oklahoma Lawyers for America’s Heroes volunteer Robert Manchester. Other Presi- dent’s Award winners were: Oklahoma Supreme Court Chief Justice Steven W. Taylor, OBA Vice President Reta Strubhar and Oklaho- ma Lawyers for America’s Heroes volunteer Danny White. Twenty-five awards were given NFL Referee Walt Coleman out at the meeting. addressing the crowd as the key- note speaker at the Bench and Bar Breakfast.

Political musical comedy group the Capitol Steps performing at

the Red, White and Blue Reception Annual Luncheon speaker Andrew Card, former White House chief of staff under President George W. Bush

2768 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Martin Luther King Jr. Unity Choir of McAlester singing at the President’s Breakfast

Court of Criminal Appeals Judge Gary Lumpkin, Supreme Court Chief Justice Steven W. Taylor and Supreme Court Justice Tom Colbert Young Lawyers Division members Eric Davis, Bryon Will and Carson Brooks enjoy friends and fellowship.

The Washington County Bar Association receives their award for outstanding county bar association.

Attendees participate in a little line dancing at the Boots and Bandanas Reception.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2769 ANNUAL MEETING HIGHLIGHTS 2011 Attorney Art Show

BEST IN SHOW Nathanial Haskins, Oklahoma City

BEST MILITARY-THEMED ART Kenni Merritt, Oklahoma City

OIL PAINTING ACRYLIC Thomas Marsh, Tulsa Madison Miller, Oklahoma City BLACK AND WHITE PHOTOGRAPHY COLOR DRAWING Judge Michael Stano, Stillwater Paula Wood, Oklahoma City COLOR PHOTOGRAPH Judge Michael Stano, Stillwater

2770 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 BAR NEWS New Military Section: The OBA’s ‘Draft’ — Will You Answer the Call? By Robert Don Gifford The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional as to how they perceive the veterans of earlier wars were treated and appreciated by their nation. - George Washington ATTENTION! The “Commander in Chief” of those family members, and especially to that the Oklahoma Bar Association, President Deb- honored class of citizen — the veteran. Argu- orah Reheard has called for a muster of all OBA ably, our servicemembers, their families and members to pick up the proverbial rifle and to our veterans are probably the most under- get in the battle. Your first “order” is take notice served group of individuals who need a good on your bar association dues statement of a attorney to help navigate the multiple issues brand new section of the Oklahoma Bar Asso- that arise. There is a common misperception ciation, the Military & Veterans Law Section that a military lawyer in uniform will handle (M&V Law Section). This new section is now all legal needs of our servicemembers. The real- looking for a “Few Good Men” (and Women!) ity is that our brethren lawyers in uniform are to help assist our true national treasure – the limited in what legal services they are allowed men and women serving in uniform, their to perform. In addition, the legal issues range families and our veterans. The cost is nominal, and there is a waiver for all OBA members who serve in uniform or are veterans. Here is your hypothetical: An Oklahoman, Oklahomans who wear who just recently came off of active duty, joined the Reserves and is now (again) deployed to the military uniform, whether Afghanistan. It would not be unreasonable for this soldier to have a rental house outside of full-time active duty, National Fort Knox, Ky.; a storage facility near Fort Hua- chuca, Ariz. with some old furniture from a Guard or Reserve Component, can tour there; the family car with a Texas license plate from assignments at Fort Hood, Texas; have significant legal needs. and his wife may have started a small business doing child care while she is staying with her parents in Reno, Nev. Throw in a couple of other factors that he is a lawful permanent resi- from the common (i.e. child support, divorce, dent pending U.S. citizenship, and he and his etc.) to the unique (invoking the protections of wife are wanting to adopt a child. Potential the Servicemembers Civil Relief Act (SCRA), legal issues? Unique laws that are applicable defending a soldier or airman in a court-mar- only to servicemembers and their families? Let tial, assisting in a denial of a security clearance, me count the ways… etc.). The Oklahoma Bar Association, recogniz- Oklahomans who wear the military uniform, ing that those needs may go unmet, is organiz- whether full-time active duty, National Guard ing its members to provide pro bono or reduced- or Reserve Component, can have significant cost legal services for military members and legal needs. Those legal needs also extend to veterans in Oklahoma. To quote George Wash-

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2771 ington, “[w]hen we assumed the Soldier, we vices they need. The program is a major initia- did not lay aside the citizen.” The OBA remains tive of the Oklahoma Bar Association President dedicated to the highest ideals of the profes- Deborah Reheard, and President-Elect Cathy sion through advocacy and volunteer service. Christensen is prepared to assume command and lead the charge. The new Military & Veterans Law Section of the Oklahoma Bar Association is building on With 2011 marking 10 years of a post-9/11 the amazing work from the OBA’s Oklahoma world and a society that sees our men and Lawyers for America’s Heroes and the Military women in uniform on a daily basis — it is time Assistance Task Force. The mission of the new to adjust the way we practice law to meet this section is a diverse one. Nearly every area of new paradigm. To borrow from Abraham Lin- the law has some impact on the military status coln’s second inaugural address on this coun- of a servicemember or there are unique laws try’s obligation to its veterans, the Military & that apply simply because the client is a ser- Veterans Law Section of the Oklahoma Bar vicemember or veteran. The M&V Law Section Association is “for him who has borne the will help educate Oklahoma attorneys through battle, and his widow and orphan.” Fellow continuing legal education (CLE) classes on the OBA members, consider this “draft” notice as unique issues that face our servicemembers, your “greeting” from the president for induc- their families and our veterans. In addition, tion into “service.” this new section will continue to develop and Mr. Gifford is a lieutenant colonel in the U.S. assist pro bono legal clinics throughout the Army Reserve serving as the staff judge advocate state for this unique clientele who cannot for the 95th Training Division at Fort Sill and an afford or do not have access to the legal ser- assistant U.S. attorney in Oklahoma City.

Oklahoma Bar Journal Editorial Calendar

n April n October 2011 Law Day Opening a Law Practice Dn ecember: Editor: Carol Manning Editor: Melissa DeLacerda Ethics & Professional n May [email protected] Responsibility Nonprofit Law Deadline: May 1, 2012 Editor: Melissa DeLacerda Editor: Dietmar Caudle n November [email protected] [email protected] Homeland Security Deadline: Aug. 1, 2011 Deadline: Jan. 1, 2012 Editor: Erin Means n August [email protected] 2012 Family Law Deadline: Aug. 1, 2012 n January Editor: Sandee Coogan n December Meet Your OBA [email protected] Ethics & Professional Editor: Carol Manning Deadline: May 1, 2012 Responsibility n n September Editor: Pandee Ramirez February [email protected] Environmental Law Bar Convention Deadline: Aug. 1, 2012 Editor: Emily Y. Duensing Editor: Carol Manning [email protected] Deadline: Oct. 1, 2011 n March Work Life Balance If you would like to write an article on Editor: Joseph M. Vorndran [email protected] these topics, contact the editor. Deadline: Oct. 1, 2011

2772 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 OBA Needs Volunteers for 2012 Committees eamwork makes things happen and that’s very true for all our OBA committees. If you’re not yet a committee member, I urge you to get involved. There’s no better way to network among Tcolleagues — and isn’t that an investment in your career worth the time out of the office? The variety of committees makes it easy to find something you are interested in. Pick one and help me make a difference. I need you on my team. If you work in or around Tulsa, videoconferencing from there with the bar center in Oklahoma City saves travel time. We want your participation. It’s easy to sign up online at www.okbar.org. You can also complete this form and either fax or mail it to the OBA. I need to start working on committee appointments soon, so please respond by Dec. 1, 2011.

Cathy Christensen, President-Elect –––––––––––––––––––––––––––––––– Standing Committees –––––––––––––––––––––––––––––––– • Access to Justice • Group Insurance • Military Assistance • Awards • Law Day • Paralegal • Bar Association Technology • Law-related Education • Professionalism • Bar Center Facilities • Law Schools • Rules of Professional • Bench and Bar • Lawyers Helping Lawyers Conduct • Civil Procedure Assistance Program • Solo and Small Firm • Communications • Lawyers with Physical Conference Planning • Disaster Response Challenges • Strategic Planning and Relief • Legal Intern • Uniform Laws • Diversity • Legislative Monitoring • Women in Law • Evidence Code • Member Services • Work/Life Balance

Note: No need to sign up again if your current term has not expired. Check www.okbar.org/members/committees/ for terms

Please Type or Print Name ______Telephone ______Address ______OBA # ______City ______State/Zip______FAX ______E-mail ______

Committee Name Have you ever served If so, when? 1st Choice ______on this committee? How long? q q ______2nd Choice ______Yes No q Yes q No ______3rd Choice ______q Yes q No ______q Please assign me to only one committee. q I am willing to serve on (two or three - circle one) committees. Besides committee work, I am interested in the following area(s): ______Mail: Cathy Christensen, c/o OBA, P.O. Box 53036, Oklahoma City, OK 73152 Fax: (405) 416-7001

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2773 FROM THE EXECUTIVE DIRECTOR

I Told You So By John Morris Williams

Last month I told you the together darn near impossible. DOCKET 2012 ANNUAL Annual Meeting would be a Too many distractions, every- MEETING WOW. Boy, was it ever. We all thing is online and different Right now. This very instant. owe a debt of gratitude to Pres- patterns in socializing. One Get out your calendar, pull up ident Deborah Reheard and her speaker I heard once gave me your calendar or whatever you leadership to make all this hap- hope. He said if you do a do to docket your schedule; pen. It was a team effort involv- “wow,” they will come. I need write down OBA Annual Meet- ing the OBA officers, Board of to remember who that was. ing Nov. 14-16, 2012. It will be Governors and the OBA staff. Cause that guy was right. I in Oklahoma City and another They all had good ideas and believed him when he said it. wow is in the offering. Presi- worked hard to make it a great President Reheard proved it. dent-Elect Christensen has been Annual Meeting. However, If you missed the meeting, it challenged for a repeat. If you President Reheard was the is your loss. The programming know Cathy like I do, just you driving force. And drive she was first rate. The judiciary was wait and see. President Reheard did. She went to more than 30 involved, and the social events has been drafted as Annual county bar meetings and were just plain fun. In fact, it Meeting consultant, and we pitched the meeting anywhere was all fun. We did what asso- know she can produce! she could. She had a compel- ciations were meant to do. We Again, many thanks to Presi- ling message and a big thank brought like-minded people you to all of you who attended. dent Reheard, OBA officers, together to talk about our governors and OBA staff who I have received a number of issues, improve our skills, enjoy worked long and hard. Espe- emails and in-person communi- the society of those who do the cially, I want to thank our cations all glowing over what a same or similar work and just members who volunteered good event it turned out to be. have some fun. I do not need to work at the meeting, and My only response is to thank to tell you that what you do is all those who attended. It was President Reheard. She worked hard and stressful. Taking a few a WOW! hard to attend other state bar days off from the office and get- meetings and bring back the ting refreshed is a good idea. Next year ya’ll come back, best she saw and then Doing it at the Annual Meeting you hear! improved upon it. is the ultimate in multi-tasking. It was my fear that our Annu- You are working, you are al Meeting was going by the socializing, you are learning — wayside, as many state bar and you are seeing the best and association meetings have brightest of our profession all done. At training sessions I under the same roof. attended at the National Asso- ciation of Bar Executives, I have To contact Executive heard a number of naysayers Director Williams, email him regarding the generational shift at [email protected]. that makes people coming

2774 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 LAW PRACTICE TIPS

So What Do You Think of Technology Now? By Jim Calloway, Director, OBA Management Assistance Program

Yes, the title of this column is yer’s desk or whether it was a rhetorical question. I know only an appropriate tool for some of you love it and some law firm staff. of you hate it and sometimes There have been Ross Kodner (www.micro- both at the same time. many legislative law.com) spoke at our 1999 The vast majority of those of OBA Solo & Small Firm Con- us who use technology daily changes but Moore’s ference on the PaperLESS™ for our work probably love it Office. It was a very interesting part of the time and hate it part Law (of technology presentation, and I recall look- of the time. These times typi- ing across the audience seeing cally are related to how the improvement) remains some lawyers listening (and technology is helping or pre- writing) intensely while many venting us in doing what we with us. were visibly skeptical. Even are trying to do at the time. today I talk to lawyers who cringe in horror at the idea of The 2011 OBA Technology digital files replacing paper Fair “Going Geek” at the OBA files. My favorite quote from Annual Meeting in Tulsa this ine a 1998 audience wouldn’t one such lawyer is “But I love month provided an opportuni- be able to even follow the dis- the tactile sensation of flipping ty for me to look back at law cussion as it referred mostly through my case files. It is how office technology as we dis- to things that did not even I work.” But since that time we cussed the present and future. exist in that year. Conversely, have all gotten used to the idea Reid Trautz was my co- I would guess almost all of of digital client files. Lawyers presenter for most of the day. the 1998 tips have now either regularly receive digital docu- He is the chair of ABA TECH- been rendered irrelevant or ments as email attachments SHOW™ 2012, which will be have been incorporated into and use electronic filing in held March 29-31, 2012, in Chi- an application or operating federal court and bankruptcy cago. Oklahoma bar members system. court. I doubt that there are can get a discount when regis- Technology marches on. any lawyers who do not regu- tering for ABA TECHSHOW™ There have been many legisla- larly use PDF files. And I think by using their Event Promoter tive changes but Moore’s Law most lawyers see a distal law Code EP1218. (of technology improvement) practice in their future, unless We started the Tech Fair with remains with us. (If you are they are planning retirement 50 Tips in 50 Minutes. As Mr. not familiar with Moore’s Law soon. Trautz and I prepared for that and want to know more, the Ed Walters, the CEO of Fast- program, I was thinking that Wikipedia entry http://en. case, also spoke at the OBA the 2011 version of “50 tips” wikipedia.org/wiki/Moore’s_ Tech Fair. His topic was “The would be dramatically differ- law is a good place to start.) Lawyer: Open-Sourcing the ent than the technology tips I should also note that back Law — Law.gov, Data.gov, and program at the first OBA Solo then it was still the subject of the Firm’s Bottom Line.” Now & Small Firm Conference at discussion as to whether a that may sound like a quite Shangri La in 1998. I’d imag- computer should be on a law- technical topic, but among his

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2775 many accomplishments, Ed Walters previously worked in the White House Office of Pres- Tech Toys for the Holidays idential Speechwriting. He As most of you know, Jim Calloway and Sharon Nelson do a knows how to put together an monthly podcast for the Law Practice Today webzine titled “The informative and entertaining Digital Edge: Lawyers and Technology.” Their most popular pod- talk. The recent history of how cast is the annual “Tech Toys for the Holidays” podcast, which “the law” transitioned from has just been released. To listen, enter this URL into your being the exclusive province of browser: http://tinyurl.com/ck7hcry. one well-known book publisher to the various sources where it can be found now was truly great. Oklahoma lawyers can all be proud that the Oklahoma Supreme Court led the way with its creation of OSCN.NET just to do it and be done as solutions required quite a and adoption of the Oklahoma opposed to making a note time investment, if they to call them Monday. Email public domain citations. worked, which was far access by phone is equally from a sure thing. BUT… important, particularly if you are a courthouse law- But as law firms strive to While a trip down the memo- yer who has to spend time improve their efficiency, ry lane of older technology waiting at the courthouse. retyping data will become might be interesting to some, of even more frustrating and more interest is where technol- 2) Digital law practice. even copying and pasting ogy is headed and how that Hopefully all lawyers and from a form will seem impacts the practice of law. law firms are at least in the slow. Starting a new letter planning stages of using 1) Mobile everything. Every to a client or a new plead- digital client files. The ing will become a one-click lawyer needs to have a advantages of having all smartphone. There, I said or two-click operation as records scanned and orga- law firms focus on entering it (again). There was a time nized in digital client files when the lawyers who data where it can be quick- are numerous: the ability ly used again and again. have told me over the to remotely access client years, “I don’t want a files and other information, 4) Tablets. The iPad wasn’t smart phone. I just want a the ability to have a back- just a game changer. It rep- phone to be a phone” had up of your important data resents a society changer. a better justification for so it is protected, the speed Whether you have pur- that statement. But now of quickly accessing a digi- chased one or not, you earlier generations of tal client file, no more lost likely will own one or smart phones are really files and so on. something of similar inexpensive and you do design sooner than you not have to have the most 3) Data drives businesses. Lawyers are trained to think. Although not expensive data plan just to “there” yet, the Droid tab- check email and have your think in terms of facts and the law. Most all 21st cen- lets are catching up. As calendar synchronized new, improved iPads are with the office calendar. tury businesses are focused on data. Law firms should released each year, the Today, one simply has to be too. Typing a client’s used and reconditioned be able to set appointments address a few dozen times ones will flood the market, and check the office calen- at various times during too. The Kindle Fire, which dar remotely. It is impor- representation sometimes was just released, looks to tant for a variety of rea- seemed like a repetitive be a pretty nice device, sons, but mainly because if waste in the past. But it even though it is focused you are talking to someone represented a small more on information con- outside of the office who amount of wasted time sumption than creation. needs to make an appoint- and the technology-based (Of course, that is what ment with you, it is better many initially thought

2776 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 about the iPad before American Bar Association find this issue online at learning more.) publications that were just www.americanbar.org/ published contain a lot publications/law_practice_ Carrying a device smaller of information on this magazine/2011/september_ than a traditional legal pad subject. october.html or http:// with Internet access, email tinyurl.com/3nef7xt. access, videoconferencing, The October/November specialized apps, notetak- edition of GPSOLO maga- 6) T he Cloud. Last month I ing ability, video and zine had the theme of wrote on cloud computing audio recording and all of Home and contained six in this space, avoiding a your documents, music different articles about discussion of lawyers stor- and other files is just huge- lawyers working from ing confidential client files ly convenient. Oklahoma home. The issue is online in the cloud and focusing City attorney Tom Cooper at www.americanbar.org/ instead on filing less sensi- reported to me what a publications/gp_solo/ tive personal documents great experience it was to 2011/october_november. you might want to quickly fly with an iPad containing html or http://tinyurl. access there. You will hear hundreds of documents com/8xj5qfn. more and more about the that he needed to review cloud. If you missed the I served as guest editor of in conjunction with a article, it is “Mobile Tech- the September/October deposition. He was able to nology and Cloud Com- issue of Law Practice Maga- easily make notes and puting,” 82 Oklahoma Bar zine, which was devoted to annotations on the docu- Journal 2347 (Oct. 8, 2011.) virtual law practice. Virtu- ments. He noted that he al law practice is a fairly Lawyers deal with a lot of would never have been broad term referring to information. Changes in infor- able to get all of the docu- lawyers who deliver client mation technology tools will ments in physical binders services over the Internet. continue to impact us and in his carry-on bags, much I wrote the cover story change the way we work. You less deal with them during “Moving to a Virtual Prac- can love the technology or hate a flight. tice Model – Do You Have the technology, but there seems 5) Flexibility in working the Right Stuff?” There are to be little doubt the lawyers locations. Lawyers truly several other features relat- will be using the technology on can now work from any- ed to this topic, including a daily basis. where that they have an two about the ethical con- Internet connection. Two siderations. You can

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2777 BOARD OF GOVERNORS ACTIONS Meeting Summaries

The Oklahoma Bar Association REPORT OF THE tion, staffing meeting on post- Board of Governors met at the PRESIDENT-ELECT ing of web articles, Tulsa Holiday Inn in Vinita on Friday, President-Elect Christensen County Bar Association annual Aug. 26, 2011. reported she attended the July lunch and monthly staff cele- board meeting, luncheon with bration. He met with the REPORT OF THE the Chinese law student dele- builder regarding the remodel- PRESIDENT gation through OCU, Bar ing of bar center first floor west wing, with the executive President Reheard congratu- Association Technology Com- mittee meeting, SCOPE Task director of Oklahoma Lawyers lated Past President Small- Association and participated wood on his recent honor of Force meeting, document storage product meeting, bar lead- in a telephone conference with receiving the Tulsa County ers meeting in Oklahoma City, Grant Thornton regarding Bar Association Outstanding 2012 Solo Conference planning modifications to the technolo- Senior Lawyer Award. She meeting, ABA Annual Meeting gy request for proposal. reported she attended the July in Toronto, Southern Confer- BOARD MEMBER REPORTS board meeting in Oklahoma ence of Bar Presidents meeting City, luncheon with Chinese and National Conference of Governor Carter reported law student delegation Bar Presidents meeting. She she attended the July board through OCU, Southern met with Executive Director meeting, new judges’ orienta- Conference of Bar Presidents Williams and Director Combs tion at the beautifully renovat- meeting, National Conference on 2012 budget planning and ed and decorated Oklahoma of Bar Presidents meeting, attended the staff budget Judicial Center and an orienta- ABA Annual Meeting in meeting. tion meeting of the Tulsa Toronto, OBA bar leaders County Bar Association Board REPORT OF THE PAST meeting at the Tulsa County of Directors. Governor De- PRESIDENT Bar Center, OBA bar leaders Moss reported she attended meeting at the Oklahoma Bar Past President Smallwood the Tulsa County Bar Founda- Center and numerous plan- reported he attended the tion meetings, the TCBF annual meeting and luncheon, the ning meetings for Annual American Bar Association bar leaders meeting held by Meeting. She assisted at the meeting in Toronto, conducted President Reheard in Tulsa, Muskogee County Bar Associ- judicial replacement inter- views as a Judicial Nominat- July board meeting and the ation Veterans Clinic, present- Chinese student delegation ed 50- and 60-year pins at the ing Commission member and planned efforts to ensure the luncheon. Governor Devoll Tulsa County Bar Association JNC remains in existence. reported he attended the July awards luncheon and wel- board meeting in Oklahoma comed attendees to the Mili- REPORT OF THE City, luncheon with Chinese tary Law Boot Camp CLE EXECUTIVE DIRECTOR law students, briefly attended in Enid. Executive Director Williams the military assistance CLE in REPORT OF THE VICE reported that he attended the Enid and worked on matters PRESIDENT Bar Association Technology for the Garfield County Bar Committee meeting, bar lead- Association. Governor Dobbs Vice President Strubhar ers meeting in Oklahoma City, reported he attended the July reported she attended the bar NABE and NCBP meetings, board meeting and Chinese leaders meeting and SCOPE/ Veterans Clinic in Muskogee, law student luncheon. Gover- LRE meeting. She also made OBF grant proposal meeting, nor Moudy reported she plans for the Board of Gover- staff and president-elect meet- attended the July Board of nors September meeting to be ings on budget, document Governors meeting, luncheon held in Canadian County. storage product demonstra- with Chinese student delega-

2778 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 tion, court improvement proj- delete reference to providing allow the task force more time ect in Norman and assisted a telephone credit card and to continue its work. Vice with the Muskogee County add provision for reimburse- President Strubhar praised Veterans Clinic. Governor Pap- ment of expenses preap- President-Elect Christensen pas reported she attended the proved by the president or for her work in merging the July board meeting in Oklaho- Board of Governors. efforts of the LRE Committee ma City, luncheon with Chi- with the SCOPE Task Force. SPECIAL COMMITTEE ON nese law student delegation PUBLIC EDUCATION LEGAL INTERN through OCU, Payne County (SCOPE) REPORT COMMITTEE ANNUAL Bench and Bar Committee REPORT meeting and annual, two-day President-Elect Christensen Oklahoma Children’s Court reported the group has come Committee Chairperson Summit. Governor Poarch together and is moving for- Candace Blalock reviewed the reported he attended the July ward. She said meetings last committee’s annual report to board meeting, luncheon with two to four hours. Several task the Oklahoma Supreme Court. students from China and the force members traveled to Governor Poarch added com- Cleveland County Bar Associ- Norman for the Hatton Sum- ments and encouraged sup- ation meeting. ners Summer Institute dinner. port of providing law students Federal funding from the Cen- experience before becoming REPORT OF THE GENERAL ter for Civic Education is dis- a lawyer. COUNSEL appearing, and the OBA will AMENDMENT TO RULES need to make a decision to General Counsel Hendryx OF THE SUPREME COURT fund the programs the center’s reported the Gather v. ON LEGAL INTERNSHIP OKARNG, et al. case has been grant supports or to drop the dismissed. A written status programs. She reported Legal Intern Committee report of the Professional SCOPE created subcommittees Chairperson Candace Blalock Responsibility Commission to evaluate existing programs reported the committee is and OBA disciplinary matters and to make recommenda- asking the Supreme Court to for July 2011 was submitted tions. Subcommittees are amend Rule 2.1 to allow law for the board’s review. 1) Lawyers in the Classroom, students who have completed 2) Community Outreach, half the number of academic SOCIAL MEDIA POLICY 3) Hatton Sumners/We the hours in their law school pro- Communications Director People/Civitas/Project Citi- gram to be eligible for a limit- Manning reported since a sub- zen, 4) Program Development ed license as a Licensed Legal committee of the Bar Associa- and 5) Management Plan. She Intern. The amendment tion Technology Task Force explained what the subcom- removes the requirement of submitted its proposed social mittees are working on. specifically 45 hours of aca- media policy, she has had an President-Elect Christensen demic hours, which causes opportunity to do more shared details about a Florida problems because the total research and concurs with civic education program start- number of academic hours much of the subcommittee’s ed by Justice R. Fred Lewis, is not consistent among law draft. She said the policy sub- and he will be the guest speak- schools. The board voted mitted to the board for its con- er at a special Sept. 29 event at to accept the report. sideration is a combination of the new Oklahoma Judicial TECHNOLOGY AUDIT – the subcommittee’s version Center in Oklahoma City. She GRANT THORNTON and the model social media said the task force reviewed SERVICE AGREEMENT policy created by the National original aims and objectives of Association of Bar Executives the Law-related Education President Reheard reported Communications Section. The Committee, and the task force the bar center has continued board approved the social decided the focus needs to be to have technology problems, media policy. on Oklahoma teachers and and outside assistance is need- students. Aims and objectives ed to help correct the prob- AMENDMENTS TO were revised and included in lems. It is believed that email REIMBURSEMENT POLICY an interim report submitted to and phone issues have been The board approved the Board of Governors. The solved. The board reviewed amendments to the OBA board voted to adopt the task a proposal for a technology Reimbursement Policy that force’s interim report and to audit from Grant Thornton.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2779 Governor Dobbs reported his mittee to fund all the materials it as interactive as possible. wife’s company has had a needed to conduct a Veterans Board members were encour- good experience working Clinic, called a Clinic in a Box, aged to take fliers to post at with this company. The board in 40 Oklahoma cities. She said courthouses and give to law approved the proposal. she received early confirma- firms. It was noted that spon- REQUEST FOR OUT-OF- tion that the $15,000 OBF grant sorship by the OBA Law STATE TRAVEL request has been approved. Office Management and Tech- The next step is to work on nology Section is keeping the The board authorized Jim preparing the materials for the registration fee for the Tech Calloway to attend the ABA boxes. She read a portion of a Fair low. Improvements will GP Solo & Small Firm Confer- heart-touching email from a be made to the difficult park- ence from October 20-22 in soldier who benefited from the Denver. ing situations that occur when program. A video promoting the Annual Meeting is held 2011-2012 LEADERSHIP the Oklahoma Lawyers for at the Hyatt Regency Hotel ACADEMY PARTICIPANTS America’s Heroes program in Tulsa. created by the OBA Communi- President Reheard shared NATIONAL JUDICIAL insight into the selection pro- cations Department was MERIT SELECTION cess for Leadership Academy shown. The video is designed CONFERENCE participants that involved to recruit lawyers to volunteer diversity in many areas. She for the program and to edu- President Reheard reported announced that the 2011-2012 cate community members Missouri is hosting a national class will have 35 participants, about this worthwhile pro- conference next week, and more than originally envi- gram. County bar associations retired U.S. Supreme Court sioned but there were many will be encouraged to show Justice Sandra Day O’Connor quality candidates. the video to local civic will be speaking. She said that organizations. CLE MAGAZINE President-Elect Christensen ANNUAL MEETING will attend the conference President Reheard called UPDATE with her. board members attention to the new magazine format cre- President Reheard reported LAWYERS HELPING ated by the CLE Department there is a vehicle for communi- LAWYERS FOUNDATION to promote fall OBA/CLE pro- cation among bar leaders in UPDATE the form of a midyear meeting grams. Kudos were given to Governor Shields reported Educational Programs Director for bar leaders. She said she a foundation was formed to Douglas and her staff. invited 134 leaders, and the results were 12 attended in support the Lawyers Helping HEROES PROGRAM Tulsa and 28 attended in Okla- Lawyers program years ago UPDATE homa City. She was pleased but became dormant. She is President Reheard reported with the participation since assisting in the process of reac- 422 cases have been assigned this was the first time for the tivating the 501(c)(3) status, to volunteer lawyers and event to be held. She noted but essentially they are start- together with the legal advice that only three attendees were ing over and will transfer given at yellow ribbon events section chairs. The information funds to the new foundation. the OBA has assisted with a packet given to them included The LHL committee will hold total of 600 cases. Statistics a form to request her to speak. a meeting Sept. 23, and Presi- are being kept on the types Feedback from participants dent-Elect Christensen will be of cases being handled. She about the Annual Meeting was forming a subcommittee to expressed thanks to YLD they know there will be CLE plan fundraising events. Chair and Muskogee County opportunities, but it is the new Bar Association President Roy events that capture their atten- EXECUTIVE SESSION Tucker, whose bar hosted the tion. She shared details about The board voted to go into first Veterans Clinic. She said Annual Meeting planning. executive session, met in people started lining up 40 Governor DeMoss shared session and voted to come minutes early. A presentation details about the new trial col- out of executive session. was made to the Oklahoma lege that will be part of Annu- Bar Foundation Grants Com- al Meeting and efforts to make o

2780 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Association ing, OBA Awards Committee system, with President-Elect Board of Governors met at the meeting, OBF Cy Pres Award Christensen regarding budget Canadian County Children’s presentation to the Oklahoma and with the contractor and Justice Center in Yukon on County Law Library for the architect on the current remod- Friday, Sept. 16, 2011. purchase of public computers, el and planning for 2012 awards banquet sponsored by remodeling. He also finalized REPORT OF THE the Employer Support of the the mobile Annual Meeting PRESIDENT Guard and Reserve (ESGR), app contract, negotiated a final President Reheard reported lunch with Rep. Aaron Stiles contract for the tech audit and she attended the National and reception with Canadian participated in two punch list Summit on Defending Merit County bar and judiciary. She walkthroughs on the new Selection of Judges sponsored also presented the 2012 OBA remodel project. by the Missouri Bar Associa- budget to the Budget Commit- BOARD MEMBER REPORTS tion, Military Assistance Task tee, discussed 2012 CLE event Force meeting, Budget Com- planning with CLE Director Governor Carter reported mittee meeting, Annual Meet- Donita Douglas and Ethics she attended the August board ing planning meetings with Counsel Travis Pickens, toured meeting, Thursday evening staff, Employer Service for the Oklahoma Justice Center social event in Vinita and the Guard and Reserve (ESGR) with Justice Kauger, worked Tulsa County Bar Association awards banquet and reception with Executive Director Wil- Board of Directors August with Canadian County bar liams on 2012 planning and meeting. She reviewed the members and judiciary. She viewed the heroes program nominations packet for the participated in media inter- video with Gov. Fallin, the OBA Awards Committee con- views regarding Annual Meet- first gentleman and President taining numerous, worthy ing. She also presented CLE to Reheard. nominations. Governor De- the Tri-County Bar Association Moss reported she attended (McCurtain, Pushmataha and REPORT OF THE PAST the board meeting in Vinita, Choctaw) and gave a presenta- PRESIDENT Tulsa County Bar Foundation tion to the Washington County Past President Smallwood Board of Directors meeting, Bar Association regarding reported he had several tele- OBA Awards Committee meet- Annual Meeting and the phone conferences with mem- ing, Diversity Committee heroes program. bers regarding the September meeting and participated in 2011 OBA Board of Governors planning for the OBA Trial REPORT OF THE VICE meeting and has had discus- College. Governor Devoll PRESIDENT sions with others regarding reported he attended the Vice President Strubhar Annual Meeting particulars. August board meeting in Vini- reported she attended the ta and the Budget Committee Board of Governors meeting REPORT OF THE meeting. He also worked on in Vinita, SCOPE Task Force EXECUTIVE DIRECTOR Garfield County Bar Associa- meeting, Budget Committee Executive Director Williams tion matters. Governor meeting and Canadian County reported that he attended the Dobbs, unable to attend the Wills Clinic. She also planned board dinner and rodeo in meeting, reported via email the Board of Governors meet- Vinita, Member Survey that he attended the board ing in Canadian County. Committee meeting, Budget meeting in Vinita and Budget Committee meeting, Military Committee meeting. He also REPORT OF THE Assistance Task Force meeting, announced he has retired from PRESIDENT-ELECT various planning meetings his firm. Governor Meyers President-Elect Christensen with President Reheard and reported he attended the board reported she attended the President-Elect Christensen, meeting in Vinita, rodeo social board meeting in Vinita, staff meetings on Annual event and the Comanche Coun- National Summit on Defend- Meeting and monthly staff cel- ty Bar Association reception for ing Merit Selection of Judges ebration. He met with the Oklahoma Bar Foundation sponsored by the Missouri Bar Administrative Office of the trustees. Governor Pappas Association, Oklahoma Coun- Court director and all project reported she attended the ty LRE Committee meeting, managers for the new elec- August board meeting in Vini- OBA SCOPE Task Force meet- tronic filing and information ta. She contacted each county

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2781 bar, drafted letters to accompa- tion on the annual dues state- noted that far more than the 75 ny invitations sent from her ment; however, details remain signatures required to create a office to the judiciary, county to be worked out. He section were obtained. The bar presidents and a few others explained that resources for board approved the creation of in her district for the Sept. 29 law-related services are limit- a Military and Veterans Law LRE event. Governor Poarch ed, and this was an idea sug- Section. reported he attended the board gested by an OBF task force to CREATION OF SECTION meeting in Vinita, Budget Com- increase donations. He empha- COUNCIL mittee meeting and the recep- sized that the OBF did not tion with Canadian County Bar want this to be perceived as a President Reheard reported Association and judiciary. Gov- dues increase. He explained that about one-fourth of OBA ernor Shields reported she the opt-out process and said it sections are collecting money attended the board meeting in was thought an opt-out option but are not active, which is a Vinita, Oklahoma County Bar would be more successful than violation of their bylaws. She Association annual dinner and opt-in. He shared that the said the creation of a Section dance and a planning meeting video created to promote the Council would be helpful to with the Oklahoma County Bar heroes program and shown at ensure section self-governance, Association president regarding the beginning of the grants and there is a plan for that to the Nov. 11 heroes program. application presentation was take place next year. very effective. He said the OBF OBF TRUSTEE REPORT OF THE SUPREME is proud to be involved in that APPOINTMENTS COURT LIAISON project. He expressed his hope The board approved Presi- Justice Kauger invited board that there could be a closer dent Reheard’s reappointing members to come visit their relationship between the OBF Guy Clark, Ponca City, and building, and she suggested Trustees and the OBA Board of Briana J. Ross, Tulsa, each to the new Oklahoma Justice Governors in the future. Con- their first full term; and reap- Center as a location for future cerns about the opt-out con- pointing Judge Valerie Couch, social events. She said a cept were discussed. Justice Oklahoma City, to her second monthly evening OBA/CLE Kauger suggested the first step three-year term. Terms for all event is planned in the build- regarding this proposal should three will expire 12/31/14. ing next year, which will uti- be to ask the Supreme Court lize the wonderful auditorium for an advisory opinion on CERTIFICATE OF and feature a Supreme Court whether it would approve the APPRECIATION justice. She toted the center’s concept. The board voted to The board voted to issue a art collection and reported the take the proposal to the courts certificate of appreciation to veterans’ memorial on the for its advisory opinion. the Canadian County Bar for grounds has been restored. ANNUAL AWARD its hospitality Thursday eve- REPORT OF THE GENERAL RECIPIENTS ning before the Friday morn- COUNSEL ing board meeting. Vice Presi- OBA Awards Committee dent Strubhar was thanked General Counsel Hendryx Chairperson Renee Hildebrant for her work in planning the briefed board members on reviewed the process the com- event. non-discipline pending OBA mittee uses to make its recom- litigation. A written status mendations to the board for REQUEST FOR OBA TO report of the Professional OBA awards recipients. The BECOME JURISDICTION Responsibility Commission board approved the recom- Executive Director Williams and OBA disciplinary matters mendations made by the reported OBA member for August 2011 was submit- Awards Committee. Michael Ridgeway has asked ted for the board’s review. the OBA to make application PROPOSAL TO CREATE to be recognized as a jurisdic- OKLAHOMA BAR MILITARY AND VETERANS tion that would enable him FOUNDATION PROPOSAL LAW SECTION to be considered a “qualified OBF President-Elect Shon President Reheard reported lawyer” under the UK Solici- Erwin reported the OBF board Oklahoma is one of only a few tors Regulations Authority. has approved the concept of states without a section devot- Twenty-two states already creating an “opt-out” contribu- ed to this practice area. She have this distinction. Execu-

2782 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 tive Director Williams said he REPORT OF THE interim study on judicial redis- was working on the request PRESIDENT tricting. She also co-chaired and will report back to the President Reheard called the Oklahoma Justice Commis- board. attention to the report on the sion meeting. HEROES PROGRAM aging of bar association mem- REPORT OF THE UPDATE bers that is included in the PRESIDENT-ELECT financials. She said that the President Reheard reported current policies of waiving President-Elect Christensen the entire OBF board has CLE requirements at age 65 reported she attended the Sep- approved the grant request to and waiving dues at age 70 tember board meeting hosted provide the materials for 40 will have an impact on future by the Canadian County Bar Vet Clinics in a Box. She said revenue. President-Elect Chris- Association, Custer County the heroes video will be tensen will be looking at that Bar Association monthly meet- mailed next week to county issue next year. President ing, Boiling Springs Institute, bar presidents along with an Reheard reported she attended Southern Conference of Bar appeal asking the county bar the September board meeting Presidents Conference in Lex- to host a free legal advice vet- in Yukon, Southern Confer- ington, Ky., justice teaching erans clinic on Nov. 11, 2011. ence of Bar Presidents meeting presentation by Justice Fred She said efforts will be made in Lexington, Ky., several Lewis hosted by the OBA to encourage participation. Annual Meeting meetings, jus- SCOPE Task Force and LRE Sadly, she reported 10 soldiers tice teaching presentation by Department, Leadership Okla- from the 45th Infantry have Florida Justice Lewis, new homa Conference with Educa- lost their lives, and letters admittee swearing-in ceremo- tional Programs Director from the OBA are being sent nies, Women in Law Confer- Douglas to preview potential to their families. ence and banquet and Journal speakers for OBA programs, OBA Lawyers Helping Law- ANNUAL MEETING Record Woman of the Year yers Assistance Program Com- UPDATE banquet at the National Cow- boy Museum. She gave CLE mittee meeting, LRE SCOPE President Reheard reported presentations to county bar Task Force meeting, OBA Bar that she is traveling to several associations in Custer, Pitts- Center Facilities Committee county bar meetings to speak burg, McIntosh and Logan meeting, segments of the and promote the Annual Meet- counties in addition to giving Leadership Academy, Women ing. Board members were Annual Meeting and heroes in Law Conference and ban- offered extra copies of the program presentations at Boil- quet, Journal Record Woman Annual Meeting insert promo- ing Springs Institute in Wood- of the Year Banquet at the tion piece for them to hand ward, Lincoln County Bar National Cowboy Museum, out. She said a dinner is being Association and Muskogee new admittee swearing-in cer- planned for board members County Bar Association. She emonies, several planning the Tuesday evening of Annu- also organized a heroes pro- meetings with Director Doug- al Meeting week. Members of gram clinic in a box workday, las regarding 2012 CLE events the Supreme Court and Court coordinated veterans legal and OBA public hearing on of Criminal Appeals will be clinics with county bar presi- the 2012 OBA budget. She met invited. dents and addressed the Lead- with Executive Director Wil- EXECUTIVE SESSION ership Academy. liams and Director Douglas to discuss 2012 presidential pro- The board voted to go into REPORT OF THE VICE grams, contacted OBA com- executive session, met in ses- PRESIDENT mittee members to discuss sion and voted to come out of Vice President Strubhar 2012 committee leadership and executive session. reported she attended the Sep- projects and participated in o tember board meeting in 2011 Annual Meeting planning Canadian County, Women in sessions with President The Oklahoma Bar Association Law conference, two Canadian Reheard. She also attended the Board of Governors met at the County Bar Association meet- Red Mass at Our Lady’s Cath- Oklahoma Bar Center in Oklaho- ings, Custer County Bar Asso- olic Church and OCU School ma City on Friday, Oct. 21, 2011. ciation meeting, LRE SCOPE of Law Dean Search Commit- meeting and House legislative tee meetings.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2783 REPORT OF THE PAST and meeting in Canadian ny at capitol and Law Schools PRESIDENT County, OBA Women in Law Committee meeting at OU. Past President Smallwood seminar and dinner, Tulsa Governor Shields, unable to reported he worked on two County Bar Association past attend the meeting, reported military veteran referral cases, presidents luncheon, TCBA via email that she attended the had discussions with board open house and worked on Canadian County Board of members about the Annual Trial College planning for the Governors meeting and lunch, Meeting and helped in the Annual Meeting. Governor Women in Law Conference transition on the Judicial Devoll reported he attended and dinner, and Oklahoma Nominating Commission. the September Board of Gover- County Bar Association meet- nors meeting, Garfield County ing in addition to working on REPORT OF THE Bar Association meeting, Boil- LHL Foundation matters. EXECUTIVE DIRECTOR ing Springs Institute and REPORT OF THE SUPREME Executive Director Williams addressed the Garfield County COURT LIAISON reported that he attended the bar to encourage attendance at Canadian County dinner for the OBA Annual Meeting. Justice Kauger reported she the Board of Governors, Governor Meyers reported he is excited about the upcoming Women in Law Conference attended the September board CLE series beginning in Janu- dinner, Payne County Bar meeting at Canadian County, ary. She will be the first justice Association lunch to show Comanche County Bar Associ- to host the evening seminar at Heroes Video and talk about ation meeting and Legal Intern the Oklahoma Justice Center Annual Meeting, Boiling Committee meeting. Governor featuring the movie, To Kill a Springs Legal Institute, LRE Pappas reported she attended Mockingbird. Justice Win- presentation at the Supreme the board meeting hosted by chester will host in February Court building given by Jus- Canadian County, Women in with the film, 12 Angry Men. Law Conference dinner, bar tice Lewis from the Florida REPORT OF THE GENERAL association meetings with the Supreme Court, Southern COUNSEL Conference of Bar Presidents road show presentation for meeting, LHLAP meeting, Payne, Lincoln, Pontotoc and General Counsel Hendryx meeting with the Supreme Coal counties to show the reviewed pending litigation. Court liaison regarding pro- heroes video and talk about She called attention to an posed rule changes, insurance Annual Meeting, Payne Coun- excellent opinion written by trust meeting, meeting with ty Bar Association October Justice Edmondson and Grant Thornton on tech audit, meeting to talk about 11/11/11 reported the Clients’ Security new admittees swearing-in event, LRE presentation given Fund Committee will be meet- ceremonies, staff meeting to by Florida Justice Lewis and ing soon. She noted that discuss IT work load, public Legal Professional and prelaw claims will be down this year. hearing on the OBA budget, student reception put on by President Reheard reported a directors meeting, monthly OSU Phi Alpha Delta Law Fra- disgruntled client, who is staff celebration and prepara- ternity International. She sent homeless and lives in Colora- tion meetings for Annual emails to county bar presi- do, has been making threats Meeting. He also spoke at the dents, judiciary and superin- against the Office of the Gen- Oklahoma County Bar Associ- tendents in her district to fol- eral Counsel. Although it is ation and presented a legisla- low up on the invitation to jus- thought that the client does tive update CLE. tice teaching event, worked on not have the means to come to scheduling road shows for 10 Oklahoma, Executive Director BOARD MEMBER REPORTS counties in her district, created Williams has filed a report Governor Carter reported a flier for the bar meeting with the FBI. He asked board she attended the September regarding dinner/movie CLE members if they receive any board meeting, September with the Oklahoma Supreme communication from the client Board of Directors meeting of Court and prepared to be in an to forward it to him, and the Tulsa County Bar Association OBA ethics skit presentation at information will be shared and Tulsa County Bar Associa- an ABA meeting in Denver. with the FBI. A written status tion past presidents’ lunch. Governor Poarch reported he report of the Professional Governor DeMoss reported attended the September board Responsibility Commission she attended the board dinner meeting, swearing-in ceremo- and OBA disciplinary matters

2784 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 for September 2011 was sub- for comments about proposed Assistance Task Force, but its mitted for the board’s review. District Court Rule 31 regard- mission is not done. The new ing personal identifier infor- section will deal with substan- RESOLUTIONS NO. 1, NO. 2 mation on court documents. tive law, and the committee AND NO. 3 A question was asked about will focus more on community Civil Procedure and Evi- whether the cover sheet would service. The legal needs of dence Code Committee mem- be considered public record those serving in the military ber Mary Sue Backus reviewed and other issues were raised. continue, and the units will be the contents of three resolu- She said she will gather infor- coming back in a few months. tions. Resolution No. 1 recom- mation and send to Adminis- She also reported two more mends legislation to change trative Director of the Court counties are on board to host the disclosure agreement and Mike Evans. veterans clinics on Nov. 11. Resolutions No. 2 and No. 3 She showed board members a OKLAHOMA BAR recommend correcting refer- sample of the “Clinic in a Box” FOUNDATION PROPOSAL ences to Section 3230. Ques- and thanked Administrative AND GRANTS tions were asked, and discus- Assistant Debbie Brink for her sion followed. The board President Reheard reported work in gathering the materi- voted to recommend that the the Supreme Court was not in als. The boxes will be assem- House of Delegates adopt the favor of the OBF proposal to bled this afternoon. Governor three resolutions. add an opt-out option for a Rivas moved, Governor Devoll foundation contribution to seconded to approve the cre- RESOLUTION NO. 4 OBA dues statements. The ation of the Military Assis- Former Taxation Law Sec- OBF supplied a list of its 2011 tance Committee (MAC). tion Chair Sheppard Miers grant awards totaling more reviewed the history of the than $600,000, which pushes ANNUAL MEETING submission of the resolution to their total grant awards to President Reheard empha- create a State Office of Admin- more than $10 million. OBF sized the need for board mem- istrative Tax Hearings to have Trustees will be celebrating bers to be present at the bar authority to hear Oklahoma at the Annual Meeting. convention, and she reviewed tax controversies and to imple- the events that will take place. HOUSE INTERIM ment an independent Oklaho- She was pleased to report the STUDY ON JUDICIAL ma Tax Commission internal registration numbers are up REDISTRICTING review and settlement pro- over last year. gram. The resolution is being Vice President Strubhar submitted by the Taxation Law reported that she attended the EXECUTIVE SESSION Section and was last submitted meeting on behalf of the OBA, The board voted to go into in 2008. It was noted funding and Executive Director Wil- executive session, met in ses- has not been addressed. The liams made a presentation. sion and voted to come out board voted to recommend Indications are there is not of executive session. much interest in redistricting. that the House of Delegates 2012 BUDGET adopt the resolution. APPOINTMENT OF The board voted to accept DUES WAIVER FOR INTERIM CHAIR FOR the budget as submitted by MILITARY MEMBERS IN MILITARY AND VETERANS President-Elect Christensen COMBAT ZONE LAW SECTION and the Budget Committee. The board voted to approve President Reheard deter- NEXT MEETING mined that the exhibit includ- President Reheard’s recom- ed with board materials was mendation of Robert Don Gif- The Board of Governors met not the final version. It was ford, Oklahoma City, to serve in Tulsa on Wednesday, Nov. decided to table action and to as interim chair of the section 2, 2011, as part of the 107th conduct a vote by email next created last month. OBA Annual Meeting. A sum- week. mary of those actions will be PROPOSAL TO CREATE published after the minutes PROPOSED DISTRICT MILITARY ASSISTANCE are approved. The next meet- COURT RULE 31 COMMITTEE ing of the Board of Governors President Reheard reported President Reheard said it is will be at 9 a.m. in Oklahoma the Supreme Court is asking time to sunset the Military City on Friday, Dec. 16, 2011.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2785 BAR FOUNDATION NEWS

Recognition — A Tradition of Giving Back By John Munkacsy

The Oklahoma Bar Foundation was privileged Valerie K. Couch, Oklahoma City to be able to recognize bar members during the OBA Annual Meeting for their tireless giving of Judge Couch has repre- time, energy, service and dedication to the mission sented the Oklahoma Bar of the Oklahoma Bar Foundation so that other less Foundation as a Trustee fortunate Oklahomans might benefit. since 2008. She has been a Fellow since 2001 and converted to the premier 2011 Oklahoma Bar Benefactor Fellow status during 2010. Early on it Foundation Roger R. Scott became apparent that she was destined to lead the Memorial Awards Grant and Awards Com- Roger Scott, a name synonymous with out- mittee she has chaired standing professionalism, congeniality and the since 2009. Her day job is highest regard for ethics, served as Trustee of the as the Honorable Valerie Oklahoma Bar Foundation from 2003 to 2009. Couch, having been appointed in 1999 as U.S. During his entire board tenure, he chaired the magistrate judge in the U.S. District Court for the Development Committee, charged with seeking Western District of Oklahoma. She practiced gen- donations through the OBF Fellows program. eral civil litigation with distinction at Hartzog His unqualified dedication to the foundation and Conger & Cason from 1983 to 1999. Her awards the good work it does in the name of Oklahoma and qualifications are many and the foundation lawyers serves as an inspiration to all individuals has been privileged to benefit from her tutelage as connected to the legal profession. Roger labored she guided OBF through rough grant cycles due mightily to fulfill OBF’s mission of: Lawyers to continuing historically turbulent economic con- Transforming Lives to promote justice, fund crit- ditions. “Judge Couch is so skilled and compas- ical legal services and advance public awareness sionate that grant applicants feel compelled to of the law. The Roger Scott Memorial Award thank her even when their grant amounts are honors that individual or organization who best drastically reduced or even cut,” a committee exemplifies Roger’s dedication to the Oklahoma member remarked last year. She has also found Bar Foundation. other ways to support grantees including site visits to grantee locations. Judge Couch has been The 2011 awards recognize those who best instrumental in the success of the newer OBF exemplify Roger Scott’s unqualified dedication to Court Grant Program. The foundation and the the OBF and the good work it does on behalf of OBA membership are privileged to have Judge Oklahoma lawyers who have improved the OBF’s Valerie Couch as a board member for the Oklaho- ability to fund charitable law-related programs, ma Bar Foundation. Valerie Couch is truly a law- maintain the quality of the grant process and pro- yer who is transforming lives. mote the mission of the foundation to its members and the citizens of Oklahoma. The 2011 Roger OBA Young Lawyers Division 2011 Scott Memorial award recipients are: The OBA YLD has recruited more than 40 new Fellows of the foundation and enrollments are still coming in. This year, the YLD board took on the OBF as one of their philanthropic projects and has

2786 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 worked to better educate new lawyers about the Oklahoma Bar Foundation charitable work accomplished across the state by President’s Award the OBF on behalf of all Oklahoma lawyers. The YLD has worked events, made OBF presentations Others recognized for helping to make it possi- and actively created a renewed interest in giving ble for the OBF to maintain 2011 grant award Douglas E. Burns , Terry back through the foundation. The foundation levels are of Norman Stowers , Allan DeVore continues to increase the involvement of YLD of Norman of Oklahoma , Robert J. Kee Ret. Associate member Trustees on the board each year. The City of Beaver, and District Judge Gerald H. Riffe foundation belongs to all members of the OBA , also from Beaver. and is the philanthropic future of our profession. Please join me in congratulating and thanking The OBF needs the help and direction of YLD this group of dedicated Oklahoma lawyers for members to continue the legacy of the foundation going the extra mile. You can become a part of all to promote justice, fund critical legal services and this through membership in the OBF Fellows pro- advance public awareness of the law. Key mem- gram. The signup process is easy, the money is bers providing help and support to the OBF put to good use, and all contributions are tax- include YLD Chair Roy D. Tucker of Muskogee, deductible. Join us in the continuing Tradition Briana J. Ross of Tulsa, A. Gabriel Bass of Oklaho- of Giving Back. ma City, Timothy L. Rogers of Tulsa, Breea McCorkle of Norman, and Brandon Long of John D. Muncaksy Jr. is the president of the Washington, D.C. Oklahoma Bar Foundation. He can be reached at [email protected].

Often, for various reasons, individuals, county bar associations and other groups may wish to make contributions "in memory of" or "in honor of" a judge, a fellow lawyer, a special person, or to mark an event. A gift to the Memorial Fund of the Oklahoma Bar Foundation is a fitting way to express your feelings. Such contributions will be acknowledged by the OBF to the family or to the person being honored.

This gift will be used in meeting the ongoing mission of the Oklahoma Bar Foundation, Lawyers Transforming Lives through the promotion of justice, funding of critical legal services and advancement of public awareness of the law.

Kindly make checks payable to: Oklahoma Bar Foundation P.O. Box 53036 Oklahoma City, OK 73152-3036 Charitable contributions to the OBF are tax deductible to the extent allowed by law

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2787 FELLOW ENROLLMENT FORM Attorney Non-Attorney

Name: (name, as it should appear on your OBF Fellow Plaque) County Firm or other affiliation:

Mailing & delivery address:

City/State/Zip:

Phone: E-Mail Address: The Oklahoma Bar Foundation was able to assist 23 different programs or projects during 2010 and 25 in 2009 through the generosity of Oklahoma lawyers – providing free legal assistance for the poor and elderly; safe haven for the abused; protection and legal assistance to children; law-related education programs; other activities that improve the quality of justice for all Oklahomans. The Oklahoma Bar legend of help continues with YOU.

I want to be an OBF Fellow now – Bill Me Later! $100 enclosed & bill annually LAWYERS Total amount enclosed, $1,000 TRANSFORMING LIVES New Lawyer 1st Year, $25 enclosed & bill annually as stated Through education, citizenship and New Lawyer within 3 Years, $50 enclosed & bill annually as stated justice for all. I want to be recognized at the higher level of The Oklahoma Bar Sustaining Fellow & will continue my annual gift legend of help continues of at least $100 – (initial pledge should be complete) with YOU! I want to be recognized at the highest leadership level of Benefactor Fellow & annually contribute at least $300 – (initial pledge should be complete)

∞ To become a Fellow, the pledge is $1,000 payable within a 10-year period at $100 each year; however, some may choose to pay the full amount or in greater increments over a shorter period of time.

∞ The OBF offers lesser payments for newer Oklahoma Bar Association members: — First Year Lawyers: lawyers who pledge to become OBF Fellows on or before Jan. 2, of the year immediately following their admission may pay only $25 per year for two years, then only $50 for three years, and then at least $100 each year thereafter until the $1,000 pledge is fulfilled. — Within Three Years: lawyers admitted three years or less at the time of their OBF Fellow pledge may pay only $50 per year for four years and then at least $100 each year thereafter until the $1,000 pledge is fulfilled.

∞ Sustaining Fellows are those who have completed the initial $1,000 pledge and continue their $100 annual contribution to help sustain grant programs.

∞ Benefactor Fellows is the highest leadership giving level and are those who have completed the initial $1,000 pledge and pledge to pay at least $300 annually to help fund important grant programs. Benefactors lead by example.

Your Signature & Date: OBA Bar#

PLEASE KINDLY MAKE CHECKS PAYABLE TO: Oklahoma Bar Foundation • P.O. Box 53036 • Oklahoma City, OK 73152-3036 • (405) 416-7070 Many thanks for your support & generosity!

2788 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 LAWYERS FOR HEROES

Task Force Efforts to Assist Military Servicemembers and Veterans Draw Praise By Carol Manning

A Military Assistance Task Force was formed in September 2010 to study and attempt to create a new OBA legal assis- The OBA program called “Oklahoma tance program to aid Oklahoma military service members, their Lawyers for America’s Heroes” was created to immediate dependents and veterans. This program was the give free legal advice. vision of OBA President Debo- rah Reheard, who saw a need. A blue ribbon group of lawyers, ous Yellow Ribbon events to active military service members 404 provide information and and veterans were recruited to resources to military personnel accept the call to action as task Volunteer Lawyers and their families. OBA mem- force members, and Lawton bers were at each event staffing attorney Dietmar Caudle agreed a booth, often giving free legal to serve as its chairperson. 600 advice on the spot. People with The task force hit the ground legal problems requiring more running as a massive deploy- Servicemembers & help were assigned a volunteer ment of the 45th Infantry Vets Helped lawyer. National Guard troops to President Reheard said, “Just Afghanistan in the spring of as no one is left behind on the 2011 was impending. Task force $1.5 battlefield, no one — including subcommittees researched these heroes — should be left issues such as current American million behind in the justice system. Bar Association Legal Assistance The same rights and liberties to Military Personnel (LAMP) Legal Services that we as lawyers fight in the programs, family law issues Donated courtrooms and the boardrooms arising from sudden deploy- to protect were earned by the ment, technology, marketing, help train Oklahoma pro bono blood, sweat, tears – and too legal clinics and current pro lawyers for the program, and often the lives – of everyone bono programs to train and another CLE was presented in who ever fought for this coun- educate lawyers. Enid in August. A total of 224 try. Those sacrifices should not The OBA program called lawyers, with a pledge to be in vain.” donate at least 20 hours of legal “Oklahoma Lawyers for Ameri- It didn’t take long to realize ca’s Heroes” was created to give services, answered the initial call to represent servicemembers the need was great, and a free legal advice. A “bootcamp” part-time coordinator was CLE was conducted in Oklaho- and veterans. Before deployment, the military held numer- hired to take phone calls from ma City in February 2011 to people needing help, to connect

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2789 2790 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2791 servicemembers with a volun- “More than one veteran broke naires on 10 subjects, lapel pins teer lawyer and to document down in tears at simply having for volunteers, flash drive with results. the opportunity to have some- all printed material for custom- one listen to his legal issue and ization, business cards, in addi- The OBA Young Lawyers advise him of his options.” tion to legal pads, pens, paper Division took responsibility for drafting two manuals, a Gearing up the week immedi- clips and a stapler. And that’s Resource Guide for Lawyers ately following the OBA’s just a partial list. Assisting Veterans and a Annual Meeting, 22 county bar All these materials were phys- Resource Manual for Veterans. associations responded (not bad ically placed in a box with The Oklahoma Bar Foundation for a first-year project) offering wheels and a telescoping handle approved an out-of-cycle grant clinics on or around Nov. 11. making it easy to transport. to underwrite the expense of County bars hosting clinics were Sequoyah County Bar President producing the manuals. Canadian, Carter, Choctaw, Kent Ghahremani said, “I was Comanche, Custer, Garfield, Next came the production of a very impressed with the contents five-minute DVD showing grip- of the box. The only thing it ing photos of uniformed men didn’t contain was the coffee and and women in action combined donuts.” The hero in making the with a background of the song, Clinic in a Box possible for every “An American Soldier,” written … bar members county was the Oklahoma Bar by Oklahoman Toby Keith. Its Foundation, which approved the purpose — to educate both law- are encouraged to show OBA’s grant request to pay for yers and community members all the materials. about the OBA’s program and to the heart-touching Task Force Chair Dietmar encourage everyone to help Caudle said, “The OBF has been America’s heroes from all con- presentation to civic a major partner with the OBA flicts. Copies of the Oklahoma on this project, and its financial Lawyers for America’s Heroes clubs and other support has helped make this VD are available from the D statewide community service OBA, and bar members are community effort a success.” encouraged to show the heart- touching presentation to civic organizations. As of mid-November, 404 clubs and other community Oklahoma lawyers have com- organizations. mitted to represent about 600 Veterans Day 2011 had special LeFlore, Lincoln, McCurtain, guardsmen, reservists, active significance for the task force. McIntosh, Muskogee, Okfuskee, duty members and veterans Nov. 11, 2011, became Oklahoma, Okmulgee, Payne, from nearly all 77 Oklahoma the day to encourage as many Pittsburg, Pottawatomie, Push- counties. This commitment counties as possible to host free mataha, Rogers, Sequoyah, adds up to at least $1.5 million veterans legal clinics. Before the Tulsa and Washington. Some in free legal services. actual statewide D-Day, the counties will hold additional VOLUNTEER LAWYERS Muskogee County Bar Associa- clinics. For this one-day project NEEDED tion agreed to conduct a test a total of 177 veterans were clinic. Their event was a tremen- helped and 208 lawyers volun- The need continues and is dous success. One person seek- teered to staff the clinics. expected to climb dramatically ing help was an 83-year-old when the 45th Infantry returns Making it easy for the county home in spring 2012. The great- World War II veteran who had bars to conduct their clinics lent money and couldn’t get it est demand is for family law was the creation of a “Vet Clin- attorneys and also those with back despite repeated requests. ic In A Box,” which contained The lawyer who interviewed experience in estate planning, everything needed to host the consumer and credit issues him was so outraged that he clinic – sample press release, and disability and benefits took the case himself. Within the sample letter asking veterans issues. Sign up to volunteer at next week, the borrowed money organizations to support and www.okbar.org/heroes or call was returned and an estate plan promote the clinic, information (405) 416-7000; (800) 522-8065. was set up so the veteran would manuals, forms, brochures on not be taken advantage of again. 11 general legal topics, intake You’ll also find on the website Muskogee County Bar Associa- sheets, interview question- resource materials to prepare tion President Roy Tucker said, you for your volunteer service.

2792 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Association has taken an unparalled step to support our Okla- homa heroes. Members have donated hundreds of volunteer hours that have gone into helping departing warriors make legal decisions and preparations for those they leave behind and by helping when patriots return from deployment and have legal issues with the civilian justice system — or find themselves engaged in family dilemmas.

OBA President Deborah Reheard and her corps of dedicated legal eagles are providing defense and advice for our patriots. The devotion that the members of Oklahoma Bar Association have demonstrated in their care for Oklahoma’s heroes is nothing short of life altering. They have responded to the unmet need of legal assistance to help our military get back on track, out of legal trouble and on the road to a normal life again. Oklahoma is so fortunate that these successful practitioners have the heart and will to donate their expertise and billable time to make a difference in the lives of those who offer their lives to secure the blessings of liberty for us and our children.

Once more the “OKLAHOMA STANDARD” is displayed by bar association members. Our state and our military members and their families are deeply grate- ful to each who has helped.

Rita Aragon, Retired Major General Oklahoma Secretary of Military and Veteran Affairs

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2793 The task force has taken its next few months. MAC will To sign up for the new Mili- mission to provide legal advice also be working with the new tary Assistance Committee, use and assistance to veterans and Military and Veterans Law the OBA Committee sign-up form service members seriously. That Section to offer training and in this issue of the journal or sign mission –— to leave no one who information about the special- up online at www.okbar.org, look has served or is honorably ized areas of veterans and mil- for the “Join a committee” link at serving this country behind in itary law.” the bottom of the page. the legal system — is now an on-going and long-term project President Reheard has For more information about for the OBA. appointed Task Force member the new section, read the story and Oklahoma Army National on page 2771 in this bar journal. TASK FORCE BECOMES A Guard Lt. Col. Brad Carter of Ms. Manning is OBA communi- COMMITTEE Seminole as the interim commit- cations director. tee chair. President Reheard said, “It’s time to turn the continuation of this mission over to a standing committee and open up the membership to all interested New Legal Eagles OBA members. The Board of The following is a list of Oklahoma lawyers who have recently taken Governors took action to cre- a case for an American hero. ate the Military Assistance Committee (MAC) at its Octo- Marshall Basham, Ponca City Edward Oliver, Oklahoma City ber 2011 meeting. MAC will Michael Blaschke, Oklahoma City Jeffrey Potts, Muskogee focus on projects to assist our William Cubbage, Cushing Justin Pratt, Broken Bow veterans and servicemembers, including legal clinics and Thomas Hadley, Hugo Clarke Randall, Oklahoma City staffing Yellow Ribbon post- Stephen Harry, Oklahoma City John Scaggs, Sulpher deployment events as the 45th Michael Jones, Tulsa James Shaw, Oklahoma City Infantry Battalion of the Okla- homa Army National Guard Ron Lander, Tahlequah Katrina Wrightman, Tulsa begins returning from their Mark Morrison, Durant mission in Afghanistan in the Thanks to all volunteers, especially those who are now taking additional cases. For the complete list of Legal Eagles, go to www.okbar.org/s/nzvri.

2794 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 ACCESS TO JUSTICE

Serving Those Who Serve By Chelsea M. Baldwin

In the course of my volun- and help fix the damages that dier and his or her family teer work with Legal Aid of resulted from that situation. following a tragedy. Oklahoma and Oklahoma Although that situation is Although pro bono work is Lawyers for America’s heinous, most of the situa- frequently framed in terms of Heroes, I discovered some tions I learned about arise serving the indigent, provid- of the circumstances here when families are just trying ing pro bono service to those at home that our men and to protect their loved ones who survive just above sub- women in uniform face which and genuinely believe they sistence can have significant make it difficult for them to are acting in the soldier’s positive effects on the individ- receive the benefits of the jus- best interest. For example, a uals involved and the justice tice system that they give so mother convinced her son’s system. There are several much to protect. These indi- ex-girlfriend to take money thousand who serve and live viduals sacrifice time, energy, out of the soldier’s account here in Oklahoma. If you money and relationships to for the purpose of hiring haven’t chosen your pro bono serve and protect our nation. counsel to get a guardianship cause for 2011 or 2012, or you The government pays them now that he is disabled. are looking to give more, I enough for the basics of shel- Elsewhere, a wife took out encourage you to sign up ter, food, clothing and health- advances against a soldier’s with Oklahoma Lawyers for care, but frequently, they have pay, without a valid power of America’s Heroes. There were very little extra. attorney, so she could stay by a number of clinics around Military service places sol- his side while he was in ICU the state on November 11, diers at greater risk for certain recovering from an injury. Veterans Day. As OBA Presi- issues with profound conse- Both of these women thought dent Reheard said last month, quences such as identity theft they were helping a loved one “For many of these service and abuse of trust. Their life- even though their actions members, just getting the style also leads to frequent harmed the estate of their opportunity to talk one-on- realignment of family groups loved one. one with a lawyer can relieve and the legal consequences a huge burden.” For many Sometimes soldiers need to that follow those changes. attorneys, getting the oppor- be protected from their loved tunity to talk one-on-one with In one instance, I learned ones, and all it takes is the a member of the armed forces about a commanding officer gravitas of an attorney telling can renew who absconded with the pay the loved one, “Don’t do confidence in, and passion of two of his soldiers. While that.” Sometimes soldiers for, justice. they were deployed, pay was need to be protected from the accumulating, and upon dis- general reluctance of young, You can sign up at charge, the officer was able to able-bodied men and women www.okbar.org/heroes or call steal several months of the to think about end-of-life (405) 416-7000 to volunteer. soldiers’ wages. Thanks to the issues. Providing education Ms. Baldwin is assistant direc- support of the military, the about, and opportunity to tor of academic achievement at soldiers’ immediate needs execute, powers of attorney, OCU LAW and volunteers with were covered when they advance directives and estate several Legal Aid programs in returned, but they still needed plans can eliminate much of Oklahoma County. lawyers to recover the money the stress that falls on a sol-

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2795 YOUNG LAWYERS DIVISION

Annual Meeting & Election Results By Roy D. Tucker, YLD Chairperson

For those of you who were unable to attend this year’s Annual Meeting you missed a wonderful opportunity, regardless of whether you are a YLD’er or not. There were so many events going on that it was impossible to attend them all. So here are some of the highlights: FRIENDS AND FELLOWS The YLD held its annual Friends and Fellows Reception on Thursday night. Two non- lawyers were named to SPEED NETWORKING Immediate Past Chair Roy D. “Friends” of the YLD: Judy Tucker of the City of Musk- The YLD also hosted its sec- Spencer for her tireless work ogee; Chair Jennifer Kirkpat- ond Speed Networking event with the high school mock trial rick of Hall, Estill, Hardwick, during which new lawyers program and Larry Rose for his Gable, Golden & Nelson PC; were able to meet and interact assistance with our community Chair-Elect Joe Vorndran of with a variety of mentor attor- service project. Two lawyers Stuart, Clover, Duran, Thomas neys from across the state. The were named “Fellows” of the & Vorndran LLP; Treasurer focus topic for the event was YLD: Faye Rodgers and Chris- and District 4 Director Kaleb how the OBA and the YLD can topher Camp, both for their Hennigh of Ewbank, Hennigh best serve each other in profes- long history of involvement & McVay PLLC; Secretary sional and leadership roles on a with and championing of the LeAnne McGill of McGill & going forward basis. A big YLD. Awards were also pre- Rodgers; Director for District 2 “Thank You!” to the following sented to Bryon Will and Blake Lynch of Pat Layden mentor attorneys who partici- Amber Peckio Garrett for Out- Law Firm PC; Directors for pated: Stephen Beam, Jon Pars- standing Committee Chairs; District 3 Lane Neal of McAtee ley, Jim Stuart, John Morris Jennifer Kirkpatrick for Officer & Woods PC and Jeff Trevil- Williams, Dean Janet Levit, of the Year; LeAnne McGill for lion ; Director for District 6 Assistant Dean Kristine Outstanding Director of the Conor Cleary of Hall, Estill, Bridges, Mack Martin and Year; Robert Faulk for the Hardwick, Gable, Golden & Lou Ann Moudy. Chair’s Choice Award; and Nelson PC; Director for District finally, LawWare Inc. was YLD ELECTION RESULTS 8 Jill Ochs-Tontz, assistant dis- awarded the Meritorious Proj- ANNOUNCED trict attorney for Payne and ect Assistance Award for its Congratulations to the fol- Logan Counties; At Large contribution to the Serving lowing members who were Directors Robert Faulk, Brandi Our Seniors project. elected to the YLD Board of Nowakowski of the West Law Directors, as well as, to those Firm and Bryon Will; and who will be taking over leader- At Large Rural Director ship roles in 2012. They are: Nathan Richter of the Denton Law Firm.

2796 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 Calendar November 24-25 OBA Closed – Thanksgiving Day Observed 28 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: D. Michael O’Neil Jr. (405) 239-2121 30 OBA Clients’ Security Fund Committee Meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Micheal Salem (405) 366-1234 December

1 OBA Lawyers Helping Lawyers Assistance Program Training; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Donita Douglas (405) 416-7028 OBA Men Helping Men Support Group; 5:30 p.m.; The Oil Center – West Building, Suite 108W, Oklahoma City; RSVP to: Kim Reber (405) 840-3033 OBA Women Helping Women Support Group; 5:30 p.m.; The Center for Therapeutic Interventions, Suite 510, Tulsa; RSVP to: Kim Reber (405) 840-3033 7 OBA Appellate Practice Section Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: 16 OBA Board of Governors Meeting; 9 a.m.; Rick Goralewicz (405) 521-1302 Oklahoma Bar Center, Oklahoma City; Contact: OBA Law Day Committee Meeting; 12 p.m.; John Morris Williams (405) 416-7000 Oklahoma Bar Center, Oklahoma City and Tulsa County OBA Rules of Professional Conduct Committee Bar Center, Tulsa; Contact: Tina Izadi (405) 522-3871 Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Paul Middleton 8 OBA Women Helping Women Support Group; (405) 235-7600 5:30 p.m.; The Oil Center – West Building, Suite 108W, Oklahoma City; RSVP to: Kim Reber (405) 840-3033 17 OBA Young Lawyers Division Committee Meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City 9 OBA Communications Committee Meeting; and Tulsa County Bar Center, Tulsa; Contact: Roy Tucker 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa (918) 684-6276 County Bar Center, Tulsa; Contact: Mark Hanebutt (405) 948-7725 20 OBA Civil Procedure and Evidence Code Oklahoma Association of Black Lawyers Committee Meeting; 3:30 p.m.; Oklahoma Bar Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma Center, Oklahoma City and OSU Tulsa; Contact: City; Contact: Donna Watson (405) 721-7776 James Milton (918) 591-5229 14 OBA Justice Commission Meeting; 2 p.m.; 22 OBA Men Helping Men Support Group; 5:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: The Center for Therapeutic Interventions, Suite 510, Drew Edmondson (405) 235-5563 Tulsa; RSVP to: Kim Reber (405) 840-3033 15 OBA Bench & Bar Committee Meeting; 12 p.m.; 26-27 OBA Closed – Christmas Day Observed Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Barbara Swinton (405) 713-7109

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2797 January 2012 12 OBA Leadership Academy; 11 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Heidi McComb 2 OBA Closed – New Year’s Day Observed (405) 416-7027 6 OBA Law Day Committee Meeting; 12 p.m.; 13 OBA Leadership Academy; 8:30 a.m.; Oklahoma Oklahoma Bar Center, Oklahoma City; Contact: Tina Bar Center, Oklahoma City; Contact: Heidi McComb Izadi (405) 522-3871 (405) 416-7027 Board of Bar Examiners; 9 a.m.; Oklahoma Bar 10 OBA Law-related Education SCOPE Task Force Center, Oklahoma City; Contact: Bar Examiners Meeting; 11:30 a.m.; Oklahoma Bar Center, (405) 416-7075 Oklahoma City; Contact: Reta Strubhar (405) 354-8890 OBA Family Law Section Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Kimberly Hays (918) 592-2800 16 OBA Closed – Martin Luther King Jr. Day 18 Luther Bohanon American Inn of Court Meeting; 5 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Maryann Roberts (405) 740-3124 19 OBA Board of Governors Swearing-In Ceremony; 10:30 a.m.; Ceremonial Supreme Court Courtroom, State Capitol; Contact: John Morris Williams (405) 416-7000 OBA Board of Governors Meeting; 1:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: John Morris Williams (405) 416-7000 20 Oklahoma Bar Foundation New Trustee Orientation; 10:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy (405) 416-7070

NOTICE OF OBA MEMBER REINSTATEMENT The following OBA member suspended for nonpayment of dues or noncompliance with the Rules for Mandatory Continuing Legal Education has complied with the requirements for reinstatement, and notice is hereby given of such reinstatement: Michael Dean Clay OBA No. 13624 6538 Collins Avenue, No. 102 Miami, FL 33141

To get your free listing on the OBA’s lawyer listing service! Just go to www.okbar.org and log into your myokbar account. Then click on the “Find a Lawyer” Link.

2798 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 FOR YOUR INFORMATION

Lawyers Donate Turkeys to Families in Need Just in time for the Thanksgiving holiday, a group of Oklahoma lawyers has teamed up to give 1,700 turkeys to needy families through a partnership with the Regional Food Bank. Lawyers Against Hunger raised more than $58,000 to provide a holiday meal for families in Oklahoma City, Norman and Tulsa. Oklahoma City attorney Noble McIntyre said, “I started this event last year after seeing a story on the news about a family that was going to do without a Thanksgiving meal due to finances. I’ve never missed a Thanksgiving meal and don’t expect too many of my lawyer friends have either. This was one area we could give back and make a difference. Last year’s event provided food for more that 4,500 hungry Oklahomans. This year’s event will be even bigger.” The Regional Food Bank serves primarily children, seniors living on fixed incomes and working families. Regional Food Bank Executive Director Rodney Bivens said, “These turkeys will provide a valuable source of protein that is often sacrificed when you have to choose between paying your rent and utilities or buying food.” More information about the project is available online at www.lawyersagainsthunger.com.

OBA Communications Director Receives Award OBA Communication Director Carol Manning was awarded the Paul Edward Dannelley Jr. Harmony Award. The award recognizes professionals who have done outstanding work to ensure their efforts result in harmony, a public relations objective. The award is presented to a member in good standing of the Oklahoma City Public Relations Society of America Chapter who has given longtime service to the profession of public relations, who has longevity in the field, who has furthered the professionalism and the practice of public relations and who has earned the respect of Carol Manning (center) accepts the Paul Edward his or her peers. Ms. Manning has served as Dannelley Jr. Harmony Award from PRSA Oklaho- OBA director of communications since 1995. ma City Chapter President Erin Page. Former OBA Communications staff member Melissa Brown (left) nominated Ms. Manning for the award.

New Member Benefit: Dues Waived for Members Serving in Combat Zones The Oklahoma Supreme Court recently approved an amendment to the Rules Creating and Controlling the OBA allowing the waiver of annual bar dues for deployed military members: Active OBA members who are in an active duty and deployed status serving outside of the United States or one of its territories with the U.S. Armed Forces in a combat zone or receiving “Imminent Danger Pay” (combat pay) or “hardship duty pay” in any given year may request that dues be waived for that year. A request for a waiver of dues, along with sufficient support- ing documentation of service, shall be submitted to the OBA executive director as soon as reasonably practical. Members requesting such dues waiver shall have the right to appeal any administrative decisions made by the executive director to the OBA Board of Governors and ultimately to the Oklahoma Supreme Court. In the event the member is not able to submit the request personally, such request can be made by a family member, law partner or other such person having authority to act on behalf of the member.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2799 BENCH & BAR BRIEFS

William J. Ross and Ada Lois hand-drawn maps and seven Sipuel Fisher (posthumously) published documents related are being honored as the to the companies’ efforts to inaugural inductees into the acquire title to Indian lands Order of the Owl, a newly during the period 1775 to nternational Masters of established hall of fame rec- 1823. These efforts culminat- IGaming Law recently pre- ognizing OU College of Law ed in the Supreme Court’s sented Michael McBride III graduates. The order pays landmark 1823 decision in of Tulsa with the 2011 Presi- tribute to individuals who Johnson v. M’Intosh divesting dent’s Cup Award during the demonstrate leadership and Native Americans of title to organization’s autumn meet- service through outstanding their lands. accomplishments in their ing in Vienna, Austria. He is arol Sorensen was recent- legal careers. Mr. Paul serves recognized for his outstand- ly named as the 96th as of counsel with Crowe & C ing service and contributions president of the Kiwanis Dunlevy. Mr. Pierson focuses to the organization. He serves Club of Oklahoma City. Ms. his practice on litigation, with as chair of Crowe & Dun- Sorensen is an attorney with concentration on the domestic levy’s Indian Law & Gaming the law firm of Phillips Mur- and international energy Practice Group, and he is one rah, where she is a member fields and on international of only two Oklahoma gener- of the firm’s real estate, estate arbitration and litigation. Mr. al members of the IMGL. planning and probate and Ross is of counsel for Rainey commercial financial services he Seminole Nation Ross Rice & Binns of Oklaho- practice groups. Tof Oklahoma has re- ma City. Ms. Fisher was the established the judicial first African American to ov. Mary Fallin recently branch of its tribal govern- attend the OU College of Gappointed Crowe & Dun- ment, after its abolishment in Law. After briefly practicing levy director Cori Loomis 1904. Gregory Bigler, Kelly law in Chickasha, Fisher to the Oklahoma Board of Gaines-Stoner, Joe Taylor joined the faculty of Langston Nursing. Ms. Loomis is a and William C. Wantland University in 1957, where she member of the firm’s health- were recently sworn in for the chaired the Social Sciences care practice group. Her judiciary. Mr. Bigler, a 1985 Department. She died in 1995. primary focus is on the rep- graduate of Harvard Law resentation of healthcare U Law Professor Lindsay School, was sworn in as judge providers with transactional, Robertson announced of the Seminole Nation Dis- O compliance, reimbursement, launch of an extensive online trict Court. Ms. Stoner, 1988 legislative and regulatory collection of historical docu- graduate of OU College of compliance issues. Law, serves as director of the ments related to the founda- Native American Legal tional Supreme Court decision ttorney Eric L. Johnson Resource Center at the OCU divesting Native Americans of Awith Phillips Murrah’s School of Law. Mr. Taylor, their ownership interest in the Oklahoma City office has 1968 graduate of OU College North American continent. been elected to the governing of Law, retired from the Okla- The announcement was made committee of the Conference homa Court of Criminal as part of Ms. Robertson’s pre- on Consumer Finance Law, a Appeals, and currently serves sentation at a symposium at national non-profit group. Mr. as Supreme Court Justice for the Smithsonian National Johnson will establish policy the Sac & Fox Nation. Mr. Museum of the American and direct the activities of the Wantland, a 1964 graduate of Indian discussing the United organization, whose mission OCU Law, has been named States courts’ use of history is to offer educational servic- Seminole Nation Supreme to shape Native law jurispru- es, publications and research Court chief justice. dence. The “United Illinois relating to consumer financial and Wabash Land Companies services law. illiam G. Paul, W. Collection” consists of 263 WDeVier Pierson, original manuscripts, five

2800 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 ulsa City-County from OU in 2008 with a B.A. Oklahoma City, 73102; phone: TLibrary’s American Indian in criminology and a minor in (405) 516-0333. Resource Center will induct history. Ms. Smith received rista Steuart has been Kirke Kickingbird into the her J.D. from OCU School of named a state’s attorney Circle of Honor. He is a mem- Law in 2011. K in the Tulsa West Child ber of the Kiowa Tribe and arrow & Grimm PC Support office. Ms. Steuart Kiowa Gourd Clan. He cur- announces Melissa received her bachelor’s rently practices law with the B Henke Sartin and Alexis degree and J.D. from OU. Oklahoma City office of Casady-Cohen have joined Prior to joining the Tulsa West Hobbs, Straus, Dean & Walk- the firm. Ms. Sartin attended office she was a staff attorney er, focusing on representing OU where she received her for Legal Aid. Indian tribes. For the past six bachelor’s degree in finance, years he has been an organiz- enton Fenton Smith Reneau and she went on to earn her er and instructor in Nation & Moon announces that J.D. from the TU College of F Building for Native Youth, an Sarah E. Yates has joined the Law. She spent 13 years with Indian youth leadership pro- firm as an associate. She Texaco in various capacities, gram in Scottsdale, Ariz. received bachelor’s degrees most recently as the manager from Westminster College in eborah Bruce was of supply and distribution for pre-law political science and in recognized as a 2011 the Natural Gas Liquids D classics with a Latin emphasis Distinguished Alumna by Group. Ms. Sartin practices in in 2008. She received her J.D. UCO Alumni Association the areas of business law and from the TU College of Law at the Alumni Recognition estate planning. Ms. Casady- in 2001 with certificates in Ceremony. Cohen attended Hamilton Native American law and College in Clinton, N.Y., resources, energy and envi- where she received her ronmental law. B.A. in history in 2006. She received her J.D. with honors iggs, Abney, Neal, Turpen, from the TU College of Law ROrbison & Lewis in 2011. announce that Vaden Bales, John Hickey, Tyler Leonard, ohnson & Jones PC Peter Brolick, David Page, announces Kari Staats has J Kiemonn Jones, Mary oshua M. Snavely has been joined the firm as an associate Rounds, Donna DeSimone appointed to serve as inter- attorney, focusing her practice J and J. Patrick Mensching im director of the Professional on business transactions, have attained principal status Career Development Center labor and employment law in the firm. The status of prin- at OCU School of Law. Mr. and litigation. She earned her cipal denotes the professional Snavely is a cum laude gradu- B.S., magna cum laude, in inter- status and level of excellence ate of OCU and previously national business from OSU that each of these attorneys served as the president of the in 2004. She obtained her J.D., have earned through service Student Bar Association and with honors, from the TU to the firm and the communi- executive editor of the OCU College of Law in 2008. For ty. Mr. Bales has more than 35 Law Review. He also served as the past 3 years, she worked years of varied corporate, the chair of OCU Law’s as an associate attorney in the mergers and acquisitions Wrongful Convictions Task Houston office of the interna- experience. He has extensive Force, which drafted the doc- tional law firm Jones Day. uments related to the creation experience advising compa- of the Oklahoma Justice Com- onja R. Porter has opened nies and their boards of direc- mission. He now serves as an Sup her own solo practice, tors on corporate governance inaugural member of the Sonja R. Porter, Attorney at issues, organizational, general commission. Law, PLLC. Her focus will corporate and contract mat- be on helping those charged ters. Mr. Hickey’s areas of ndrews Davis Law Firm with DUI or related criminal experience include a wide Aof Oklahoma City and driver’s license matters range of law including 20 announces Chelsea Celsor as well as expunging criminal years of experience in han- Smith has joined the firm as records. Her office is located dling commercial litigation an associate. She graduated at 620 N. Robinson, Suite 203, matters, construction law dis-

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2801 agreements, bankruptcy law tion of the boutique litigation Dickerson is a trial lawyer, questions, labor and employ- firm Eldridge Cooper Stei- whose practice is concentrated ment disputes, and real estate chen & Leach. Joining the in commercial litigation, com- litigation. Mr. Leonard prac- firm are Ruth J. Addison, plex litigation and insurance tices in the area of real estate Brita Haugland Cantrell, defense, representing both and business transactional Mary Quinn Cooper, Ellen plaintiffs and defendants in a law. His practice includes the Cordell, Fred C. Cornish, variety of cases, including acquisition, development, dis- Travis G. Cushman, Jessica claims for breach of contract, position and financing of real L. Dickerson, Richard M. products liability, personal property. Mr. Brolick has Eldridge, William S. Leach, injury and professional negli- more than 13 years of litiga- Andrew L. Richardson, Vani gence. Mr. Eldridge is a veter- tion experience in state and Singhal, Michael F. Smith, an trial attorney with experi- federal courts and representa- Thomas E. Steichen, Alison ence and expertise in the areas tion of businesses, entrepre- A. Verret and Harold C. of product liability defense, neurs, doctors and other pro- Zuckerman. Ms. Addison is mass torts and other complex fessionals. Mr. Page is an a trial lawyer whose practice civil litigation. Mr. Leach is a attorney with more than 25 focuses on the areas of prod- nationally recognized veteran years experience addressing ucts liability, complex litiga- trial lawyer who has tried complex environmental law tion, white collar criminal more than 90 cases to verdict, issues. His practice includes defense and family law. Ms. successfully representing cli- environmental litigation, reg- Cantrell is a trial lawyer ents in the utility, trucking, ulatory compliance and per- whose practice is focused on securities, general business mitting. Ms. Jones practices in products liability defense and and product liability fields. the areas of traffic, criminal, family law litigation. Ms. Mr. Richardson is a trial law- education, employment and Cooper is a nationally recog- yer whose practice is primari- general civil litigation mat- nized trial lawyer who serves ly focused on representing ters. In addition, Ms. Jones as national trial counsel for manufacturers and distribu- serves as an associate munici- major corporations and tors in products liability liti- pal judge for the City of defends products liability gation and other complex Tulsa. Ms. Rounds practices claims and class actions business disputes. Ms. Sing- primarily family law, includ- across the country. Ms. hal is a trial lawyer whose ing adoptions, guardianships Cordell is a trial lawyer practice is focused on mass and child custody matters, whose practice is concentrat- torts litigation, product liabil- and is a certified family and ed on the resolution of com- ity defense, healthcare-related divorce mediator. Ms. DeSim- plex business disputes with litigation, multidistrict litiga- one focuses her practice in the an emphasis in defending tion, class actions and other area of complex civil litiga- large-scale local, regional, complex litigation in state tion, including medical mal- national and international and federal courts. Mr. Smith practice, products liability manufacturers, distributors is a trial and appellate lawyer and environmental law with and sellers in products liabili- whose practice focuses on prior experience as an associ- ty litigation nationwide. Mr. defending manufacturers and ate counsel for a large health- Cornish is a veteran lawyer other suppliers and distribu- care system. Mr. Mensching is whose practice is focused on tors of products, including a general practice litigator the litigation and transaction- automobiles, cranes, forklifts, who concentrates his practice al needs of businesses of all pharmaceuticals and implant- in the commercial collections sizes and whose broad career ed medical devices. Mr. Stei- field. He typically represents experience and knowledge chen is a trial attorney with manufacturing concerns, base has qualified him to knowledge and experience in banking institutions, savings serve like outside general medical matters and the and loans, professional counsel for numerous local defense of multi-district med- groups and national leasing and regional clients. Mr. ical product litigation. Ms. companies. Cushman is a trial lawyer Verret is a trial attorney prac- cAfee & Taft has who concentrates his practice ticing in a broad range of civil Mannounced the addition in the areas of products liabil- litigation with an emphasis in of 15 attorneys to its Tulsa ity, employment law and com- research and writing in com- office following the acquisi- plex business litigation. Ms. plex litigation. Mr. Zucker-

2802 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 man is a trial lawyer whose federal acquisition and envi- also be devoted to appellate practice is focused on busi- ronmental law. matters. ness litigation with an aura J. Long ray Walker announces emphasis on product liability has joined Kajeer Yar has joined the defense. Lthe law firm of McAfee & P Taft as a member of the litiga- firm. He will focus on intel- lake Lawrence of Oklaho- tion group. Her practice lectual property licensing and Bma City has joined Hall includes energy litigation, litigation, private equity Estill in the firm’s business complex business and com- transactions, nonprofit gover- litigation and transactional mercial litigation, and credi- nance, best practices and practice. He received his tor’s rights including bank- alternative investment regula- undergraduate degree from ruptcy and employment liti- tions. Prior to joining the Texas Christian University, gation. A graduate of the OU firm, he practiced with the and earned his J.D. from OCU College of Law, she has expe- international law firm Jones School of Law in 2011, gradu- rience with oil and gas indus- Day in its patent litigation ating in the top 15 percent of try matters, including con- section for eight years, repre- his class. tract disputes, marketing senting several Fortune 100 and measurement, royalty clients in a variety of domes- olden & Carr announces tic and international matters that Aaron J. Goodman owner issues, easement and H encroachment, surface owner involving patent litigation has been promoted to partner and intellectual property Jason Seay Jake disputes, lease disputes and and and licensing. Pipinich have been hired as toxic torts. associates. Mr. Goodman’s ulsa law firm Norman aul Foster Law Offices PC practice focuses on civil litiga- Wohlgemuth Chandler & Phas moved to a new loca- T tion: 2150 McKown Drive, tion in the areas of civil Dowdell announces that Lau- Norman, 73072. The attorneys rights, medical malpractice ren A. Lindsey has joined the defense, coverage disputes, may be contacted by phone: firm as associate, where her E&O claims, construction (405) 329-9101 or by email: practice will focus on general defense, bad faith defense, [email protected] (Paul civil litigation. Prior to joining premises liability and insur- Foster) & [email protected] the firm, she served as judi- ance defense. He is admitted (Carrie Foster). to practice in all the Oklaho- cial law clerk for Judge James ma Courts, the 10th Circuit H. Payne in the U.S. District and the U.S. Supreme Court. Court for the Eastern and Mr. Seay previously served as Northern Districts of Oklaho- an intern for U.S. District ma. She earned her J.D. with Court Judge Richard Owen highest honors from OU Col- (South District of New York) lege of Law, and she graduat- and as an intern for two years ed with a B.A. cum laude from for Justice Marian C. Opala. Rice University. Mr. Pipinich has experience cAfee & Taft announces tephen Coit, fiduciary with personal injury law. He that Jeb Boatman, a for- trust officer with the Office is a cum laude graduate of M S mer assistant U.S. attorney for of the Special Trustee for OCU School of Law. the Western District of Okla- American Indians, U.S. rmy Reserve Brigadier homa, has joined the firm. He Department of Interior, recent- AGen. Walter Chahano- will concentrate his practice ly spoke in Savannah, Ga., at vich transferred to the retired in the areas of white collar the 38th Annual Institute of reserves following more than criminal defense, internal the National Association of 34 years of military service, investigations and compli- Division Order Analysts. He and he was awarded the ance programs, enforcement spoke on the topic “Indian Army Distinguished Service actions and related adminis- Mineral Leasing 101.” trative proceedings, qui tam Medal upon his retirement. ulsa attorney Dwight L. lawsuits, federal and state He continues his work as a Smith delivered the open- grand jury investigations and T Department of the Army ing address at the National civilian attorney in Fort complex civil litigation. A Summit on the Future of Meade, Md., practicing in portion of his practice will

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2803 Legal Service Plans. The sum- under the FDCPA. Mr. Miner stream Forum in Tulsa on mit, focusing on “Expanding also presented “The FDCPA Oct. 18, and “Regulatory Access to Justice for Persons and Collection Law” for Update” at Pipe Line Insur- of Modest Income” was pre- National Business Institute in ance and Risk Management sented by the American Pre- conjunction with West Legal Conference in Austin, Texas, paid Legal Services Institute Center in a nationally broad- on Nov. 2. and took place in October in cast CLE webinar in October. arren E. Mouledoux, III Denver. Mr. Smith’s presenta- avid W. Lee of Lee Law recently spoke to the tion was titled “A Primer on W Center PC in Oklahoma Metropolitan Healthcare Access to Justice for Persons D City presented a nationally Annual Meeting on Sept. 28, of Modest Means Through broadcast teleconference lec- at The Greens Country Club Legal Services Plans.” ture on the topic of “Police in Oklahoma City. The pre- klahoma City lawyer, Liability Claims” to the sentation focused on the OJoseph B. Miner was the National Business Institute in recent changes of the work- featured speaker for the CLE October. The lecture was also ers’ compensation law. presentation “Fair Debt Col- simulcast through West Submit news items via email to: lection Practices Act — Law- LegalEdcenter as a webcast. Lori Rasmussen yer Beware,” in October at cAfee & Taft Tulsa attor- Communications Dept. the monthly meeting of the ney Chris Paul present- Oklahoma Bar Association South Oklahoma City Com- M ed “Recognizing and Manag- (405) 416-7017 mercial Law Attorney’s Asso- [email protected] ing Environmental Liability” ciation at the Willow Creek at OSU Tulsa on Oct. 17, “San Country Club. Mr. Miner’s Compiled by Nikki Cuenca. Bruno — New Exposures in presentation was on the far Articles for the Dec. 10 issue Legacy Practices and Record reaching consequences of must be received by Dec. 2. Keeping” at Marsh Mid- even technical violations IN MEMORIAM

homas A. Bamberger of graduated from the Universi- Church. He loved to play golf TTahlequah died Oct. 2. He ty of Arkansas School of Law. and watch OU football. was born May 28, 1926, in He was an avid reader and Memorial contributions may Massillon, Ohio. He was a golfer and enjoyed being with be made to First United trial lawyer in Oklahoma City his family and friends. Methodist Church or Noon and served 12 years as a state Memorial contributions may Ambucs. representative. He served in be made to the American irgil L. Upchurch of Nor- the Navy in the South Pacific Liver Foundation, Mid- man died Oct. 23. He was during World War II and in America Division. V the Air Force stateside in the born Feb. 14, 1930, in Anadar- oger Johnston He served in the United Korean conflict. He loved to of Enid ko. States Air Force during the travel and learned to speak Rdied Oct. 3. He was born He Korean War with the 59th multiple languages. He spent Aug. 23, 1934, in Tipton. served in the U.S. Army Fighter Interceptor Squadron. the last 30 years of his life from 1954-1956 ranching in Cherokee and . He studied at He graduated from the OU Adair counties, raising long- OSU and later graduated College of Law. He was a horns and crossbred cattle. from SWOSU in 1958. He member of the Anadarko Rota- He also loved teaching and graduated from the OU Col- ry Club and previously served taught government at the lege of Law and practiced in as president for Oklahomans Flaming Rainbow University. Enid for more than 45 years. for Indian Opportunity and He was a member of many was a proud member of the atthew J. Browne of state and local civic organiza- University of Oklahoma MTulsa died Oct. 26. He tions. He was an active mem- Alumni Association. was born May 28, 1952. He ber of First United Methodist

2804 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 CLASSIFIED ADS

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Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2805 POSITIONS AVAILABLE POSITIONS AVAILABLE

NORMAN FIRM SEEKING FULL TIME RECEPTIONIST. DOWNTOWN OKC AV FIRM HAS IMMEDIATE Very busy, fast-paced office offering competitive salary, OPPORTUNITY for 7+ year attorney with experience in medical insurance, dental insurance and 401K. Must be real property acquisitions, leasing and related loan pleasant and skilled at multi-tasking. Send resume and transactions. Compensation commensurate with skill cover letter to P.O. Box 1615, Norman, OK 73070. set. Strong communication skills, academics and writing skills a must. Looking for a motivated self-starter with BASS LAW, AN AV-RATED FIRM with offices in good organizational and people skills. All replies held in downtown Oklahoma City and El Reno is seeking confidence. Resume to Box “G,” Oklahoma Bar Associa- attorneys with 2 or more years of experience in one or tion, P.O. Box 53036, Oklahoma City, OK 73152. more of the following areas: civil litigation, probate, business law, and family law. Bass Law is a growing ASSOCIATE ATTORNEY: AV-rated, downtown Oklaho- and energetic firm committed to the development of its ma City litigation firm has an immediate position avail- attorneys and their practices. For more information able for an associate attorney with 5+ years experience. A about the firm, its history and its values, please visit qualified candidate must have solid litigation experi- www.basslaw.net. If you are interested in joining our ence, including a proven aptitude for performing legal team, please send your cover letter and resume to Gabe research, drafting motions and briefs and conducting all Bass at [email protected]. phases of pretrial discovery. Salary is commensurate with experience. Please send resume to [email protected]. ASSOCIATE ATTORNEY: We are a four-person firm looking for an attorney with 2-5 years of experience. The ETHICS COMMISSION ACCEPTING RESUMES from ideal candidate will have experience in insurance attorneys to serve as administrative hearing officer for defense/personal injury litigation, including trial work, late filing assessment hearings. Includes drafting find- depositions, preparing motions, and attending court ings of fact and conclusions of law. Send to 2300 N. Lin- hearings. A background in civil rights law and/or edu- coln B5, Oklahoma City, OK 73105. cation law representing public entities and/or corporate defense is beneficial. The position entails some trial ASSOCIATE WITH 4-8 YEARS CIVIL DEFENSE liti- work, representing public entities in administrative gation experience needed by AV-rated Tulsa firm. hearings, counseling clients on legal issues and presenta- Insurance defense or railroad litigation a plus. Very tions at in-service seminars. Client representatives are busy, fast-paced office offering competitive salary, professional and/or managerial. The firm is more than health/life insurance, 401k, etc. Send resume and 20 years old and has a well-established clientele. We writing sample (10 pg. max) in confidence via email work hard and take great pride in our work, but we to [email protected]. avoid the “corporate” law-firm culture. Our work environment is pleasant, and we function on a collaborative LEGAL RESEARCH AND WRITING ASSISTANT with basis between attorneys and staff. All replies confiden- at least 5 years experience needed by AV-rated Tulsa tial; send resume, writing sample, and salary require- firm. Very busy, fast-paced office offering competitive ments to Center for Education Law, 900 N. Broadway, salary, health/life insurance, 401k, etc. Send resume Suite 300, Oklahoma City, OK 73102 or [email protected]. and writing sample (10 pg. max) in confidence via email to [email protected]. REGIONAL LAW FIRM SEEKING an Oklahoma licensed attorney with 0-5 years experience to work in SENIOR TRIAL ATTORNEY: Allstate Insurance Com- the default services department, conducting foreclo- pany is seeking a trial attorney for our staff counsel sures, bankruptcies and evictions in Oklahoma state- office in Oklahoma City. Three years litigation/trial wide. Primary responsibilities include preparing and experience required. Oklahoma bar admission required. filing petitions and other pleadings, attending hear- Insurance or personal injury experience a plus. Mem- ings, and conducting depositions, trials and negotia- bers of the Allstate Team enjoy a customizable benefits tions. Experience in the area of real estate and foreclo- plan, generous paid time away, an excellent 401K plan, sure law a plus. Salary is commensurate with experience. a defined benefit pension plan and much more! Apply Please send cover letter, resume and references to online at www.allstate.jobs, reference job number [email protected]. search LEG00135. Allstate is proud to be an Equal Opportunity Employer. NEW GRADUATES OR 1-3 YEARS EXPERIENCE. McAlester law firm is seeking full-time associate for all ASSISTANT DISTRICT ATTORNEY needed in Coal areas of trial practice including criminal, personal in- County, Oklahoma. Duties include prosecuting a wide jury, malpractice, civil rights, commercial and family range of criminal cases including traffic citations, mis- law. Travel is required. Salary based on experience demeanor, and felony offenses. Salaried position with plus bonuses. Very busy, fast-paced practice. Send re- full state benefits. 0-3 years experience. Submit resume, sume with references to: Jeremy Beaver, Gotcher & references and cover letter to: Emily Redman, District Beaver Law Firm, P.O. Box 160, McAlester, OK 74502 Attorney, 117 N. Third, Durant, OK 74701. or [email protected].

2806 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011 POSITIONS AVAILABLE CLASSIFIED INFORMATION

TULSA LAW FIRM IS SEEKING an experienced work- CLASSIFIED RATES: One dollar per word per inser- ers’ compensation legal assistant. Send resume to “Box tion. Minimum charge $35. Add $15 surcharge per is- L,” Oklahoma Bar Association, P.O. Box 53036, Okla- sue for blind box advertisements to cover forward- homa City, OK 73152. ing of replies. Blind box word count must include “Box ____ , Oklahoma Bar Association, P.O. Box 53036, Okla- POSITIONS WANTED homa City, OK 73152.” Display classified ads with bold headline and border are $50 per inch. See www.okbar.org for FORMER LICENSED ATTORNEY WITH OVER 30 issue dates and Display Ad sizes and rates. YEARS civil practice experience seeks position with DEADLINE: Tuesday noon before publication. Ads must be law firm or corporation. Contact Jim Golden at prepaid. Send ad (e-mail preferred) in writing stating number [email protected] or (405) 209-0110. of times to be published to: Jeff Kelton, Oklahoma Bar Association FOR SALE P.O. Box 53036, Oklahoma City, OK 73152 E-mail: [email protected] Publication and contents of any advertisement is not COMPREHENSIVE OKLAHOMA to be deemed an endorsement of the views expressed LAW LIBRARY FOR SALE therein, nor shall the publication of any advertisement All up-to-date complete sets w/ current pocket be considered an endorsement of the procedure or ser- parts, incl. Oklahoma Decisions (P.1st, P.2d, P.3d), vice involved. All placement notices must be clearly non- Oklahoma Statutes Annotated, Oklahoma Digest, discriminatory. CJS, AmJur and ALR 6th, 1400+volumes excellent condition, $20,000. Contact 918-392-0505.

Ward & Glass Attorneys are pleased to announce that R. Ben Houston & Barrett T. Bowers Have joined the firm as associate attorneys.

Vol. 82 — No. 31 — 11/19/2011 The Oklahoma Bar Journal 2807 THE BACK PAGE Addressing the Legal Needs of Our Citizen Soldiers By Kyle Goerke

This country’s citizen prohibits the use of military soldiers have experienced a deployment as a cause for period of sustained deploy- changes in custody agreements since Sept. 11, 2001. ments and further ensures Prior to 9/11, the Reserve that military deployment can- Components — The Army not be used as a negative fac- National Guard of the United tor in determining custody. States, The Army Reserve, Servicemembers are The Navy Reserve, The entitled to legal assistance Marine Corps Reserve, The through programs provided Air National Guard of the by their respective service’s United States, The Air Force Judge Advocate General Reserve and the Coast Guard Corps. However, due to Reserve — were organized as regulation, often times these a strategic reserve with the services do not extend far primary mission to expand enough to meet the legal the armed forces rapidly in rights and family law needs of our citizen soldiers. the event of war. Since 9/11, questions to name a few. For this reason, the Oklahoma the Reserve Component has Lawyers for America’s been used as an operational Federal and state laws have been enacted which Heroes, and similar pro- force playing a vital role in grams, go a great distance meeting our defense missions address many of the legal needs of our citizen soldiers. in assisting those who have and allowing the manage- honorably served our country ment of stress on the active The Servicemembers Civil Relief Act (SCRA) protects and who may not otherwise force. During this time more have the necessary means than 430,000 Army National those eligible under the act from prosecution of certain with which to address their Guard soldiers alone have legal issues. been mobilized for various civil matters against the We owe a debt of gratitude missions around the world. servicemember while in an active duty status, among to those who serve in uniform With mobilizations come other things. The Uniformed on behalf of our country. the realities of leaving one’s Services Employment and Thank you to those of you “civilian life” in order to Reemployment Rights Act who devote your time and answer the call of the country. (USERRA) protects the ser- resources to assist these These realities include legal vicemember’s civilian job servicemembers as they issues involving a wide rights and guarantees his or may experience legal diffi- variety of matters such as her reemployment to the job culties during and after landlord-tenant problems, car the person would have their mobilizations. leases, interest rate charges attained had they not been Col. Kyle Goerke is the special on preexisting debt, employ- called to active service. assistant to the judge advocate ment and reemployment Recently the state of Okla- general of the Army and is in homa passed legislation that private practice in Watonga.

2808 The Oklahoma Bar Journal Vol. 82 — No. 31 — 11/19/2011

Volume 82 u No. 31 u November 19, 2011

ALSO INSIDE • Annual Meeting Highlights • New Military Section Created • 2012 Committee Involvement Urged