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Louisiana Bar Journal Vol. 66, No. 2 81 LawPay is a registeredLawPay is ISO a registered ofLawPay Citizens is ISO aBank, registered of Citizens N.A. ISO Bank, of Citizens N.A. Bank, N.A. 25TH ANNUAL LOUISIANA STATE BAR ASSOCIATION ADMIRALTY SYMPOSIUM

SEPTEMBER 14, 2018 – NEW ORLEANS

Richard J. Arsenault, Seminar Chair Please join respected members of the Bench and Academia, along with experienced Admiralty practitioners from both sides of the “V” as they provide unique insight into key maritime issues.

This year’s speakers include: Hon. Jane Triche Milazzo • Hon. John W. deGravelles • Hon. Dee D. Drell Hon. Daniel E. Knowles III • Hon. Jay Zainey • Hon. Richard T. Haik, Sr. (ret.) Lindsey Cheek • Dustin Carter • Blake David • Jeff Tillery • Darleen Jacobs J. Neale deGravelles • Steve Herman • Eric Holland • Alan Breaud • Jerome Moroux Jean Paul Overton • Richard T. Haik, Jr. • J. Christopher Zainey, Jr. • Kenneth Engerrand Wesley J. Gralapp • Richard Stanley • Peggy Giglio • Leslie Schiff • Chase Gore Val P. Exnicios • Lynn Luker • Michael S. Koch • John Yadamec • J. Michael Veron

82 August / SeptemberFor 2018 more information, go to www.lsba.org ®

August / September 2018 Volume 66, Number 2 Departments Features Editor’s Message...... 85 Overview: Children’s Law President’s Message...... 86 Our Children Are “Our Greatest Natural Association Actions...... 121 Resource and Most Valuable Asset” Practice Management...... 124 By Chief Justice Bernette Joshua Johnson, Louisiana Supreme Court...... 88 Lawyers Assistance...... 125 Focus on Diversity...... 126 LSBA Children’s Law Committee: Puzzle...... 127 History, Mission and Initiatives By Kären A. Hallstrom...... 90 Focus on Professionalism..... 128 Discipline Reports...... 130 Legal Representation in Child Client Assistance Fund...... 134 Protection Cases By Margot E. Hammond...... 92 Recent Developments...... 135 Young Lawyers...... 150 Am I a Mandatory Reporter? La. Center for Law and By Cherrilynne Washington Thomas.....95 Civic Education ...... 152 Legal Representation of Children: Judicial Notes...... 154 Opportunities for Attorneys People...... 156 By Guy R. Lain...... 96 News...... 160 The Color of Justice for Children Classified...... 165 By Judge Ernestine S. Gray...... 98 The Last Word...... 168 ► The Pelican Center for Children & Families Also Inside By Mark Harris, Executive Director...... 99 Expungement Reform Helps Those with Alcohol/Drug Abuse Hotline.. 127 Juvenile Records Wipe the Slate Clean Expert Directory...... 120 By Hector A. Linares III...... 100 SOLACE...... 142 Children Exposed to Domestic Advertisers’ Index...... 147 Violence: Silent Victims Minimum Qualifications for Special By Judge (Ret.) Kathleen Assistant AG...... 167 Stewart Richey...... 104 Adoptions: Lawyers Helping to Create On the Cover: This Forever Families and Sometimes special Children’s Forever Problems Law Journal is a By Jennifer Guillot Womble...... 106 mosaic of different topics, programs and issues in Louisiana, Children and Education: Access which is represented Articles Online...... 107 by the traditional “Pelican in Her Recap: 2018 Annual Meeting and Joint Piety,” a mother pelican feeding Summer School her chicks her own New Leaders Installed; blood. Awards Presented...... 108

Louisiana Bar Journal Vol. 66, No. 2 83 ® Officers 2018-19 President Editorial Board Barry H. Grodsky • (504)599-8535 þ John E. McAuliffe, Jr. þ Alainna R. Mire President-Elect Editor (318)449-5046 Robert A. Kutcher • (504)830-3820 (504)840-4909 þ Claire McDaniel-Ojeh Secretary þ Christopher D. Cazenave (225)622-2005 John E. McAuliffe, Jr. • (504)840-4909 (504)582-8408 þ John H. Musser V Treasurer (504)523-0400 þ John S. (Chip) Coulter Shayna L. Sonnier • (337)436-1600 (225)362-2445 þ Roy H. (Hal) Odom, Jr. Immediate Past President (318)227-3762 þ Anthony M. DiLeo Dona Kay Renegar • (337)234-5350 (504)274-0087 þ Maggie Trahan Simar (337)394-6133 þ Brendan P. Doherty Board of Governors 2018-19 (832)255-6019 þ Kristine D. Smiley First District (225)298-0770 þ Stephen I. Dwyer D. Skylar Rosenbloom • (504)556-5507 (504)838-9090 þ Gail S. Stephenson Darryl J. Foster • (504)596-6304 (225)771-4900, ext. 216 þ Mark A. Hill Second District (504)581-1301 þ Scott L. Sternberg Stephen I. Dwyer • (504)838-9090 (504)324-2141 þ Gerald J. (Jerry) Huffman, Jr. Third District (504)957-9114 þ Tyler G. Storms Shannon Seiler Dartez • (337)233-1471 (318)255-7805 þ Carrie L. Jones Fourth District (225)346-1461 þ Adrejia L. Boutte Swafford J. Lee Hoffoss, Jr. • (337)433-2053 (504)561-5700 þ Margaret E. Judice Fifth District (337)828-1880 þ Patrick A. Talley, Jr. Edward J. Walters, Jr. • (225)236-3636 (504)584-9220 þ Robert A. Kutcher Valerie Turner Schexnayder • (504)813-3633 (504)830-3820 þ Edward J. Walters, Jr. Sixth District (225)236-3636 þ Winfield E. Little, Jr. Edward L. Tarpley, Jr. • (318)487-1460 (337)430-0907 þ Jack K. Whitehead, Jr. Seventh District (225)303-8600 Paul L. Hurd • (318)323-3838 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Eighth District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, Patrick J. Harrington • (318)458-5839 Louisiana 70130. Periodicals postage paid at New Orleans, Louisiana and additional offices. Annual subscription rate: members, $5, included in dues; Chair, Young Lawyers Division nonmembers, $45 (domestic), $55 (foreign). Canada Agreement No. PM Dylan T. Thriffiley • (504)842-4517 41450540. Return undeliverable Canadian addresses to: 4240 Harvester At-Large Members Rd #2, Burlington, ON L7L 0E8. Jermaine Guillory • (225)389-8846 Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. Monique Y. Metoyer • (318)729-1880 Charles Avenue, New Orleans, Louisiana 70130. Lynn Luker • (504)669-0322 Subscriber Service: For the fastest service or questions, call Darlene M. LSU Paul M. Hebert Law Center LaBranche at (504)619-0112 or (800)421-5722, ext. 112. John M. Church • (225)578-8701 Tulane University Law School Editorial and Advertising: Ronald J. Scalise, Jr. • (504)865-5958 Publication of any advertisement shall not be considered an endorsement of the product or service involved. Submissions are welcome and will be Louisiana State Law Institute considered for publication by the Editorial Board. For submission guide- L. Kent Breard, Jr. • (318)387-8000 lines, go online at www.lsba.org, click on “Publications,” then “Louisiana House of Delegates Liaison Chair Bar Journal.” Copyright © by Louisiana Bar Journal. All rights reserved. Sandra K. Cosby • (504)452-7719 Reproduction in whole or part without permission is prohibited. Views expressed are those of the authors only. Editorial Staff Executive Director Luminary Award 2003 Loretta Larsen, CAE National Association of Bar Executives Communications Director Communications Section Kelly Wells Ponder Excellence in Regular Publications Publications Coordinator/Managing Editor Darlene M. LaBranche International Communications Coordinator/Graphic Design Association of Barbara D. Baldwin Business Public Relations Society Communications Assistant Communicators of America New Orleans Krystal Bellanger Rodriguez New Orleans Chapter Chapter Advertising Booking Questions? ward of Bronze Quill A Call (504)619-0131. Award of Merit

84 August / September 2018 EDITOR’S MESSAGE

By John E. McAuliffe, Jr. Children and the Law s I sat down to write this mes- we had no hesitation in agreeing to that legislation and amendments are proposed. sage, the airwaves were abuzz proposal. There could be no better way to These attorneys are in the trenches every with stories of immigrant help our children than to allow those at- day. Their views have been honed from children at our border. Our torneys most familiar with these issues to the practical and daily experiences of localA newspaper was running a series of educate our membership and the public helping the youth of the state. articles on the children of Central City. about the problems and solutions involv- The Journal would like to thank Kären These news items only confirm that our ing our young citizens. A. Hallstrom, chair of the Children’s Law society continues to have a deep concern The Children’s Law Committee is Committee, and Michael W. Schachtman, about the welfare of children, whether that composed of private practitioners, pub- LSBA staff liaison to the committee, for child was born here or comes to us from lic practitioners, legal aid attorneys and their efforts in coordinating this issue. some other land. And so, the Louisiana judges who are all dedicated to the legal Over the past several months, both of Bar Journal is pleased to present this is- system as it relates to children. These at- them worked with committee members sue dedicated to our children. torneys bring their knowledge, compas- who provided insight and articles on a The Journal was approached by sion and practical experience to all legal range of children’s law-related topics for members of the Louisiana State Bar matters involving our children. Their in- the issue. Their work made this Journal Association’s (LSBA) Children’s Law dividual practices are diverse — adoption, possible. Committee with a suggestion that we custody, juveniles in the criminal system, dedicate an entire issue to those legal is- immigration and the like. The committee sues involving our children. To be honest, is a valuable asset to Louisiana when new Letters to the Editor Policy 1. At the discretion of the Editorial Board 3. Letters should be no longer than 200 words. differing perspectives. Authors, editorial staff (EB), letters to the editor are published in the 4. Letters should be typewritten, signed and, or other LSBA representatives may respond to Louisiana Bar Journal. if applicable, include LSBA member number, letters to clarify misinformation, provide related 2. If there is any question about whether a address and phone number. Letters from non- background or add another perspective. particular letter to the editor should be published, members of the LSBA also will be considered for 7. Letters may pertain to recent articles, the decision of the editor shall be final. If a letter publication. Unsigned letters are not published. columns or other letters. Letters responding to questioning or criticizing Louisiana State Bar 5. Not more than three letters from any a previously published letter should address the Association (LSBA) policies, rules or functions individual will be published within one year. issues and not be a personal attack on the author. is received, the editor is encouraged to send a 6. Letters also may be clarified or edited 8. No letter shall be published that contains copy of that letter to the appropriate entity for for grammar, punctuation and style by staff. defamatory or obscene material, violates the reply within the production schedule of the In addition, the EB may edit letters based on Rules of Professional Conduct or otherwise may Louisiana Bar Journal. If the editor deems it space considerations and the number and nature subject the LSBA to civil or criminal liability. appropriate, replies may be printed with the of letters received on any single topic. Editors 9. No letter shall be published that contains original letter, or in a subsequent issue of the may limit the number of letters published on a solicitation or advertisement for a commercial Louisiana Bar Journal. a single topic, choosing letters that provide or business purpose.

Louisiana Bar Journal Vol. 66, No. 2 85 PRESIDENT’S MESSAGE

By Barry H. Grodsky Address to the Members Remarks from the Installation on was so confused when I told him that we ism and that is where our attitudes can get June 9, 2018: cannot do a deed in lieu of foreclosure better. One of my goals has already been It is with the greatest sense of humility in Louisiana and then I explained to him achieved. Through the Committee on the that I begin my term as the 78th president what a dation en paiement is. Profession, our Code of Professionalism of the Louisiana State Bar Association I am proud to use my legal skills and has been updated, revised and brought into (LSBA). I am both humbled and honored. training in different ways such as to serve the 21st century. It had remained the same This is a journey which started 36 years on the board of a non-profit corporation or for 25 years and the updated Code has ago — being sworn in and taking an oath a civic group. I have taught business law been approved by the Supreme Court or- as poignant and important then as it is now. classes and have given many CLEs. I often der. Hopefully, it will change our attitudes. On this path through a legal career, two get calls from friends and colleagues to ask We must be mindful of those not yet ad- things have become very clear. a question about an area of law in which I mitted into the practice. We have already First, it is very hard to be a lawyer. practice but with which they are unfamiliar created programs for our law schools with Getting in and staying in law school is a and they just need some advice and guid- more on the way. We need to address top- challenge as well as the looming Bar Exam ance. I am proud to know that, with such ics such as debt service to help those about now made even more difficult with the relationships, I can call upon them when to become lawyers. Our award-winning onerous character and fitness component. needed. character and fitness program not only Combine that with student debt and the I am very proud of my service to the helps students through the Bar admission difficult job market and we have seen the Bar, from being on committees, chairing process but also helps them recognize stress of law school carry over for many one, giving CLEs, becoming secretary and that sometimes a helping hand is needed. into the practice of law. now president. And the best part is that ev- In that regard, we have strengthened, and We all deal with the problems of find- ery lawyer reading this, in his/her own way, will continue to support, our Judges and ing and keeping clients, making our part- is deep-down also proud to be a lawyer. Lawyers Assistance Program (JLAP), not ners happy, billing hours but still trying to So, “how does all of this fit into the Bar just for lawyers and judges but for stu- achieve a good work-life balance. With Association and what can the Bar do for dents, paraprofessionals and their families. economic concerns, lawyers are working members to ease the burden of practicing JLAP is an integral component of what we longer than ever before. Factor into all of law and provide a forum and tools to make do as professionals. that our obligation of maintaining appro- members even better and prouder?” I Our attitude also must support those priate ethical standards and aspiring to be know firsthand what the Bar does and, tru- just embarking on their legal careers and as professional as we can. Indeed, it is hard ly, it is formidable if we just tap into it. But ensure that their path can be made easier. to be a lawyer. we cannot simply rely on the Bar as it is. The Transition Into Practice (TIP) men- But, despite it all, the second thing As Bob Dylan said, “The times they are a- toring program is now statewide and we I’ve learned is I am proud to be a lawyer. changing.” Keeping in line with my favor- are looking to create programs to assist I am proud to have the capability to right ite musicians, I channeled my inner Jimmy two-year to seven-year practitioners. We a wrong, to give advice to the worried cli- Buffett and know there must be “Changes all must be aware of the needs of younger ent, to offer guidance in times of need. I in Latitudes, Changes in Attitudes,” hence lawyers and have better attitudes towards am proud to stand up for someone unsure the theme of the Annual Meeting. helping them. of his rights and how to express them. I How does this work? We have all de- Our attitudes must be better about help- am proud to be able to explain difficult veloped certain ideals and beliefs as law- ing those who cannot help themselves — concepts, and even have some fun doing yers — our attitudes. But we have to ask, the poor, the disenfranchised, those who it. I remember a great conversation with “Is this the best we can do?” My back- cannot afford legal representation and see a know-it-all Philadelphia lawyer who ground in the Bar has been in professional- the door as closed for help. Access to jus-

86 August / September 2018 tice is at a critical stage and we must have let them know the Bar is here for them. a positive attitude to recognize and assist. This year is about developing leaders Funding is critical. We are one of only for our future. three states to give no money for access to This year is about touting our accom- justice causes, but our efforts must never plishments and letting others know what stop. We must support the legal services our members have done, both in and out of corporations and those who unselfishly the practice of law. engage in pro bono work and be creative This year is about creating a path for- in helping those who simply cannot help ward for the Bar and its members. themselves. We will develop and work This year is about working with on programs such as the Modest Means and continuing our strong relationships Directory, call centers, Wills for Heroes, with other affiliated entities such as the Lawyers in Libraries and help desks. As Louisiana Bar Foundation and local/spe- lawyers, we have a duty to assist, and more cialty bars. can and must be done, perhaps with a bit of No one could possibly get to this point a change in attitude. without significant support and assis- We are seen often as “just a mandatory tance. I am certainly no exception. LSBA Bar;” our members have to belong. Our at- Executive Director Loretta Larsen, the titude has to change on that as well. Many 2018-19 LSBA President Barry H. Grodsky other LSBA directors and the staff are the would be amazed at all the services the Bar addresses the crowd at the 2018 Annual unsung heroes whose tireless efforts keep offers. We will get this message out state- Meeting in Destin, Fla. Photo by Matthew Hinton the organization running. Photography. wide through our outreach efforts. We are also blessed to have many very But, what about the “changes in lati- involved past presidents, a collegial group tudes?” The Bar cannot stay where it is; We must recognize and address chal- still committed to promoting the Bar and we must grow, identify and address the lenges to mandatory bar associations. This its mission. To steal a line from Darrel needs of an ever-changing membership is a real and legitimate concern and our Papillion’s remarks when he became presi- and keep up with the times. The goals of course forward must focus on what a man- dent, I too feel that I am standing on the our previous Long-Term Strategic Plan datory bar can and cannot do. In this re- shoulders of giants. I have sought advice have been met, so we will embark on this gard, having specific regulatory functions from many in this group and no doubt will project again. Soon, a committee will be- now back under the Bar’s umbrella, such continue to do so. gin work on a new Long-Term Strategic as legal specialization and mandatory con- Our strength too comes from Bar lead- Plan, focusing on what the Bar hopes to tinuing legal education, is very important. ership. We are fortunate to have a dedi- achieve over the next two years, two to Standing still is simply not an option. cated and hard-working Board which will four years, and beyond four years. It will There is one other thing of which I am soon be called upon to undertake specific serve as a road map for where the Bar is absolutely certain. This year is NOT about tasks to ensure our goals are met. I am also heading. President-Elect Bob Kutcher will me. This year is about fulfilling the Bar’s proud of the work of all of our committees be instrumental in this endeavor. mission to the fullest — serving the public and sections. To move forward, we have to address and serving the profession. I have learned much about Bar gover- specific members of our Bar. No group This year is about doing everything the nance through the work of the Executive is expanding as quickly as senior lawyers Bar can to help those citizens who cannot Committee. This, of course, leads to the and they have unique needs and issues to obtain full access to our courts. wonderful year of our dedicated President consider. The creation of a Senior Lawyers This year is about recognizing and Dona Kay Renegar. Division was a significant first step. That strengthening even more our wonderful I also must acknowledge the support division will be tasked to consider the spe- relationship with our Supreme Court and I receive from my wife Cheri (who has cial needs of its members and determine its Justices. been instrumental in my Bar involvement), what the Bar can do to assist. No doubt se- This year is about doing all we can for my beautiful daughter Caroline (who will nior lawyers and young lawyers can learn those involved in the law, whether it be to keep me young and on my toes), my fam- from each other and such programming assist law students aiming to become law- ily, friends and law firm colleagues. I thank could be mutually beneficial. Senior law- yers, to help young attorneys get on their them all for joining me on this great journey. yers are ideal mentors for the TIP program. way, to help senior lawyers with special- This is a great and noble profession and I am appreciative of the work of all of the ized needs, to assist those with personal I am honored for this opportunity. When division’s leaders. problems through JLAP, to offer quality it’s done, as Jimmy Buffett would say, “I’m We have to expand our efforts for in- education services, great programs and an heading for a cheeseburger in paradise.” clusion and diversity and be sure that this opportunity to be involved with the Bar. message is delivered statewide. We have to This year is about reaching out to all address timely issues like wellness, social lawyers in all parts of the state, large firms, media and cyber security. small firms and everything in between, to

Louisiana Bar Journal Vol. 66, No. 2 87 L : OU NA C ISIA w hildren's La

88 August / September 2018 Overview: Children's Law

Our Children Are “Our Greatest Natural Resource and Most Valuable Asset”

By Chief Justice Bernette Joshua Johnson Louisiana Supreme Court

any say that oil and gas are development to the legal system have been the important role that lawyers and judges Louisiana’s most important acknowledged by the U.S. Supreme Court have in ensuring positive outcomes for natural resources. I believe in several recent decisions regarding the Louisiana’s children. Our collective com- that our greatest natural re- culpability of juvenile offenders and their mitment to the “best interest of the child” sourceM and most valuable asset are truly greater capacity for reform than adult of- standard compels us to consider how to our children, and we have an obligation fenders. See, Roper v. Simmons, 543 U.S. bring the practice of law, and the judicial to help them thrive, maximize their po- 551 (2005); Graham v. Florida, 560 U.S. system as a whole, into alignment with es- tential and fulfill their dreams. Our legal 48 (2010); Miller v. Alabama, 132 S.Ct. tablished research on child development. system provides opportunities to serve 2455 (2012); Montgomery v. Louisiana, When given the opportunity, our chil- and support children, and to strengthen 136 S.Ct. 718 (2016). Louisiana courts dren will lead us into a better Louisiana and stabilize families, through informed continue to interpret these Supreme Court in which we can truly be proud. Although decision-making by our family and juve- opinions as our state Legislature has en- Louisiana has finally moved from having nile judges and qualified representation acted procedures consistent with them. the highest incarceration rate in the nation, of all parties, and through statewide pro- The intersection of brain science and chil- the state routinely ranks 49th in child well- grams such as Court Appointed Special dren’s law is not limited to criminal cases. being. We owe it to our citizens to con- Advocates (CASA), Families in Need of Court dockets in Louisiana routinely tinue to resist complacency and strive for Services (FINS), the Court Improvement include cases that determine the future of excellence. Program (CIP) and drug courts. By sup- children — abused or neglected children; porting our children from the beginning, truant or runaway children; children who Chief Justice Bernette they will grow into productive and con- have experienced or witnessed domestic Joshua Johnson is the Louisiana Supreme tributing citizens, with the corresponding violence; youth who are arrested and in- Court’s 25th Chief societal benefits, such as reductions in our carcerated; victims of trafficking or bully- Justice, its second female poverty rate and incarceration rate. ing or discrimination; children suspended Chief Justice and its first Recent advances in scientific research or expelled from school; those who have African-American Chief Justice. She was sworn in involving child and adolescent brain de- been abandoned and those who are being on Feb. 1, 2013. Always L : velopment, attachment and trauma are adopted; children who are homeless or are an advocate for social A challenging how the judicial system un- unaccompanied immigrants. Regardless justice and civil rights, she O worked as a community or- derstands and responds to children and of the individual circumstances that bring U N ganizer with the National ISIA adolescents. The research informs us that children into the justice system, they share Association for the Advancement of Colored People children’s brains develop over time and one commonality — their brains are still (NAACP) Legal Defense & Educational Fund, and continue to mature until their early to mid- developing. at the U.S. Department of Justice’s Civil Rights dle twenties. During this period, the devel- In this issue of the Louisiana Bar Division. Following law school, she became the managing attorney of the New Orleans Legal oping brain is both vulnerable to adverse Journal, the Louisiana State Bar Assistance Corporation, where she provided legal experiences and yet capable of remarkable Association’s Children’s Law Committee services to clients in socio-economically deprived change. presents a series of articles on children neighborhoods. The implications of adolescent brain and the law. Each article demonstrates

Louisiana Bar Journal Vol. 66, No. 2 89 90 August / SeptemberSeptember 20182018 LSBA Children’s Law Committee: History, Mission and Initiatives

By Kären A. Hallstrom n 2009, at the request of the state ► Provision of attorney training op- es for both attorneys and young people. Legislative Task Force on Legal portunities and informational sessions for Review information: Representation in Child Protection the public on a variety of child-related ► “Becoming an Adult” guide for Cases, the Louisiana State Bar subjects, including special education and Louisiana youth. AssociationI (LSBA) created the Children’s adoption law. ► Orientation videos for children enter- Law Committee as a forum for all attor- ► Recognition of legal professionals ing foster care and/or child protection cases. neys practicing law related to children’s who work in children’s law through the ► Training opportunities. issues, including judges, children’s attor- annual LSBA Children’s Law Award. ► Substantive articles. neys, parents’ attorneys, public defenders and attorneys representing the state. NACC Child Welfare Law LSBA Children’s Law Award The committee engages in initiatives Certification designed to benefit children, their parents The LSBA Children’s Law Award is and the professionals who serve them. Children’s law is not considered a spe- presented annually to an attorney and/or In accordance with the Task Force rec- cialization by the Louisiana Board of Legal Louisiana-based organization providing ommendations, this committee supports Specialization. However, the National outstanding services in children’s law. dialogue among attorneys and judges on Association of Counsel for Children The 2018 recipients are the Louisiana children’s issues, promotes awareness to (NACC) provides a Child Welfare Law Parole Project, a nonprofit organization the general Bar membership of legal issues Certification, accredited by the American responding to the needs of individuals involving children, and honors Louisiana Bar Association and endorsed by the who were sentenced to life without parole attorneys and organizations providing out- National Council of Juvenile and Family for crimes committed when they were standing services in the field of children’s Court Judges and the Conference of children, and Cherrilynne Washington law. Originally established as an ad hoc Chief Justices/Conference of State Court Thomas, an assistant district attorney for committee, the Children’s Law Committee Administrators. NACC Child Welfare Orleans Parish Juvenile Court. For photos was re-designated as a standing committee Law Certification is available to attorneys and profiles, go to page 121. of the LSBA in 2017. who serve in the role of child’s attorney, Kären A. Hallstrom is the parent’s attorney and agency/department/ chair of the Louisiana Initiatives government attorney in child protection State Bar Association’s proceedings. Children’s Law Committee. The Children’s Law Committee has Child Welfare Law Certification re- Recently retired as the dep- actively engaged in several initiatives, in- uty judicial administrator quires a rigorous application process, in- for children and families cluding: cluding 36 hours of specialized education at the Louisiana Supreme ► Creation of videos in English and and a comprehensive examination. To date, Court, she has worked in Spanish that explain the role of court per- 28 attorneys in Louisiana have become the Louisiana juvenile jus- sonnel to children in the foster care system tice system for more than NACC Child Welfare Law Specialists, and 30 years. She taught child and the procedure of Child in Need of Care many others are in the process. advocacy as an adjunct professor of law at Loyola (CINC) proceedings. University and provided training and technical assis- ► Revision of the LSBA “Coming of Children’s Law Committee tance to juvenile justice and child welfare stakeholder Age” manual and establishment of a mo- groups. She is currently a reporter for the Louisiana Website Children’s Code Revision Committee of the Louisiana bile website to provide legal information to State Law Institute. She received her JD/MSW de- children reaching the age of 18. Visit www.lsba.org/childrenslaw to grees from Tulane University. (khallstrom2017@ ► Outreach to law schools to promote learn more about the LSBA Children’s gmail.com; 10120 Ft. Knox Ct., River Ridge, LA careers in children’s law. Law Committee and find helpful resourc- 70123)

Louisiana Bar Journal Vol. 66, No. 2 91 Legal Representation in Child Protection Cases

By Margot E. Hammond

92 August / September 2018 ederal and state law both have make recommendations on how these right to representation, and, if the parent historically recognized the au- services may be more effectively and ef- is indigent, that representation must be thority and responsibility of ficiently provided and funded.”2 provided by the local public defender of- states to protect children from After years of study and incremental fice. In cases with many parents needing abuseF and neglect. In Louisiana, child improvements, the multi-disciplinary representation, it can be a challenge to protection is managed through the child Task Force recommended that the state identify enough conflict-free attorneys to welfare system, which involves both transition to a uniform statewide system assign and to provide compensation for the executive and judicial branches of of representation providing greater spe- attorneys from already strained budgets. government.1 The serious and intrusive cialization, more stability, efficiency and Estimates from the Louisiana Public nature of child protection proceedings equity in expenditures, and improved Defender Board show that public de- necessarily implicates fundamental con- quality control and administrative over- fender offices spend approximately $4 stitutional rights, including the child’s sight. It was projected that ultimately the million representing parents in the state. liberty interest in safety, health and well- transformed system would yield long- For this, public defenders receive an an- being, and the parents’ rights to custody term cost savings to the state and would nual appropriation from the Legislature and control of their children. To balance contribute to improved outcomes for of just under $1 million dedicated to the power of the state and to minimize children. In 2014, the Task Force con- parent representation. Although federal unwarranted or prolonged intrusion into cluded its work and a state level Child funding heavily subsidizes state fund- the family, due process requires that the Protection Representation Commission ing for the state child welfare system, state provide attorneys for both children was established to provide continuing no federal funding is available for parent and indigent parents in child protection oversight of the system.3 representation (although, without parent proceedings. representation, court cases cannot pro- Over the past several decades, Indigent Parent ceed, which would jeopardize all federal Congress has passed significant pieces Representation funding of the child welfare system). The of legislation that support the state’s bulk of funding for parent representation duty and power to protect children, in- The Task Force on Legal must be made up from other sources of cluding the Child Abuse Prevention and Representation worked closely with the revenue, primarily court costs from traf- Treatment Act (CAPTA), which pro- Task Force on Indigent Defense as it fic tickets. Insufficient state funding for vides guidance for child protection and systematically addressed statewide in- indigent parent representation has creat- requires qualified representation of chil- equities in funding and oversight chal- ed an untenable situation for local public dren be provided by states as a condition lenges in the indigent defense system. defender offices which are also respon- of states’ continued receipt of federal Act 95 of the 2007 Regular Session cre- sible for providing counsel in burgeoning child welfare funding. Amendments to ated the Indigent Parents’ Representation indigent criminal and juvenile delinquen- CAPTA further required that attorneys Program with the Indigent Defense cy defense caseloads.5 representing children receive training ap- Assistance Board (now the Louisiana propriate to their role. Public Defender Board).4 Representation How Lawyers Can Help Indigent The rights of children and indigent of indigent parents in child protec- Parent Representation parents to representation in child protec- tion cases has been implemented state- ► Advocate for sufficient state fund- tion cases are guaranteed in Louisiana wide through the Indigent Parents’ ing levels to support indigent parent rep- Children’s Code art. 607 and art. 608, as Representation Program, with legal ser- resentation. it was in the previous Code of Juvenile vices provided through local public de- ► Volunteer to accept pro bono con- Procedure, and in La. R.S. 13:1579 pri- fender offices in each jurisdiction across flict cases under supervision of local pub- or to enactment of the Code of Juvenile the state. Funding has been a continued lic defender offices. Procedure. Until recently, however, there challenge for this program, and many ► Provide pro bono services as a cu- was no uniform statewide system in local offices have struggled to provide rator for absentee parents through local place to ensure equal access to quality conflict-free representation to all indigent public defender offices. legal representation. parents. In connection with the larger statewide Most child protection cases have at Child Representation Juvenile Justice Reform movement, HCR least two indigent parents who need rep- 44 of 2003 created a multi-disciplinary resentation provided by the local public In Louisiana, representation of chil- Task Force on Legal Representation in defender office. Many cases have in ex- dren in child protection cases is overseen Child Protection Cases to “study system- cess of two parents, as multi-child house- by the Louisiana Supreme Court, which ic issues and concerns related to the pro- holds may have multiple fathers or there designates appropriate programs for vision of legal representation of abused may be multiple potential fathers of an qualified legal representation in accor- dance with a plan for service delivery ap- and neglected children and their indigent individual child due to byzantine parent- 6 parents in child protection cases and to age laws. Each parent has a due process proved by the Court. The Mental Health

Louisiana Bar Journal Vol. 66, No. 2 93 Advocacy Service’s Child Advocacy representation. FOOTNOTES Program and the Louisiana Bar Children involved in child protection Foundation as grantor for the Louisiana cases often have legal needs beyond the 1. The Louisiana Department of Children and Family Services has primary responsibility for Legal Services Corporations are cur- scope of child welfare representation. child protection and foster care services. Since the rently designated to provide children’s This may include tort claims, educational enactment of P.L. 96-272, the Adoption Assistance representation.7 rights, immigration problems, constitu- and Child Welfare Act in 1980, courts exercising All attorneys representing children tional and civil rights violations, Social juvenile jurisdiction have substantial oversight re- sponsibility in Child in Need of Care cases. in child protection cases must be quali- Security benefit claims and inheritance 2. The history of the Task Force is chronicled fied in accordance with Part II of Rule rights. Children’s attorneys often do not in the Final Recommendations of the Task Force XXXIII of the Administrative Rules of have the time or knowledge to address on Legal Representation in Child Protection the Supreme Court. A minimum of six these specialized legal matters. Cases submitted March 10, 2014, to the House Committee on Civil Law and Procedure and the hours of specialized continuing legal Louisiana Bar Foundation Executive Senate Committee on Judiciary A. education relevant to child welfare law Director Donna Cuneo said, “The aver- 3. Louisiana Children’s Code art. 581 provides is required each year, and documentation age adult encounters difficulty in access- for the membership and duties of the commission. is provided annually to the Louisiana ing and navigating the legal system. To 4. La. Ch. C. art. 571-575 provide for represen- tation of indigent parents by public defenders in ac- Supreme Court which publishes a list of expect a child in need of care to do so cordance with La. R.S. 15:185.1-185.9. qualified attorneys. without his/her own attorney is uncon- 5. In 2016, some public defender offices be- In 14 parishes, representation of chil- scionable. As a society, we talk about gan refusing indigent parent representation in dren in child protection cases is provided children being a priority. With the parent some child protection cases due to an acute fund- ing crisis. The result was that several termination by the Mental Health Advocacy Service’s and child representation system, we have of parental rights trials were delayed, resulting in Child Advocacy Program (MHAS/Child made children a priority in this state. delayed permanency for children and jeopardizing Advocacy Program). MHAS is an ex- Adequate funding for both systems is an federal funding tied to timeliness measures. ecutive branch agency authorized by La. essential component for success.” 6. See La. Ch. C. art. 558 and 560. 7. Although the original vision of the Task R.S. 28:64 and governed by a board of “The power to break up a family is one Force was to create a single uniform statewide sys- trustees responsible for review and eval- of the most awesome powers of the state. tem of representation for children in child protec- uation of the Child Advocacy Program. When done wrong, it harms children, tion cases, the current arrangement of utilizing both State funding for the Child Advocacy parents, extended families and commu- the MHAS/Child Advocacy Program and the LBF/ Legal Services Corporations was necessitated by a Program is included annually in the state nities. Quality representation for parents demand for expeditious statewide implementation. executive budget. helps ensure that the state does not inter- The Task Force determined that both programs are In 50 parishes and an additional fere without very good reason, keeps par- currently providing qualified child representation in city court, representation of children ents engaged in the process after remov- their respective jurisdictions, and that disruption to the service provision arrangement is not warranted. in child protection cases is provided al, and promotes safe reunification of However, statewide uniformity has been achieved by Louisiana’s two Legal Services children with their parents,” said Richard through Louisiana Supreme Court oversight of both Corporations (Acadiana Legal Service M. Pittman, deputy public defender and child representation programs. Corporation and Southeast Louisiana director of Juvenile Defender Services 8. Administrative Rules of the Louisiana Supreme Court, Rule XXXIII, Part III, Subpart II. Legal Services). State funding is in- for the Louisiana Public Defender Board. cluded as a line item in the Judicial Margot E. Hammond, Appropriations Bill each year and admin- How Lawyers Can Help prior to retirement, was istered by the Louisiana Bar Foundation. with Children’s Representation the supervising attorney The level of state funding for chil- ► Advocate for sufficient state fund- with the Mental Health ing to support legal representation of Advocacy Service’s Child dren’s representation in child protection Advocacy Program cases has not kept pace with increasing children. for more than 25 years caseloads. Insufficient funding challeng- ► Become qualified and volunteer and she continues to es the ability of attorneys to provide qual- with the local child representation pro- consult on cases. She gram to represent a child as a conflict at- was a member of the ity representation in compliance with the Legislative Task Force Child Attorney Standards promulgated torney. on Child Representation. by the Louisiana Supreme Court.8 ► Offer the local child representation She currently serves on the Louisiana State Bar Each child in a child protection pro- program legal services in specialized ar- Association’s (LSBA) Children’s Law Committee eas of law. and Legal Services for Persons with Disabilities ceeding is entitled to independent rep- Committee. She also is a member of the Louisiana resentation of his/her wishes. Conflicts ► Volunteer to assist the local child State Law Institute’s Children’s Code Committee. frequently arise in cases where multiple representation program with needed re- She is a recipient of the LSBA’s Children’s Law children have different positions or where search and writing, including writs and Award and the President’s Award. She received her appeals. JD degree in 1984 from Loyola University College the program previously represented a of Law. (margot.hammond.la.gov; Ste. 1105, 1450 parent of the child client now requiring Poydras St., New Orleans, LA 70112)

94 August / September 2018 Am I a Mandatory Reporter?

By Cherrilynne Washington Thomas

tate and federal law require mental health/social service practitio- abuse, a report should be made to the that individuals who regularly ners, members of the clergy, teachers Department of Children and Family come into contact with children or child care providers, police officers Services (DCFS) by calling 1-855-4LA- are to report suspected cases of or law enforcement officials, media- KIDS (1-855-452-5437) and the local Sabuse or neglect. Funding to the states tors, CASA volunteers, youth activity or state law enforcement agency. The for the investigation and prevention of providers and coaches. All of the above report can be made anonymously and child maltreatment (abuse) is provided listed classes of individuals are manda- will hopefully prevent another child by the Child Abuse Prevention and tory reporters of child abuse. from being subjected to the cruel world Treatment Act (CAPTA), as amended What about the attorney-client privi- of child abuse and neglect. A violation by the CAPTA Reauthorization Act of lege? Although an attorney holds an of the duty of a mandatory reporter to 2010, 42 U.S.C. 5101, et.seq. To receive attorney-client privilege with his legal report subjects that person to criminal CAPTA funding, the adoption of state client, the privilege does not necessar- prosecution as authorized by La. R.S. mandatory reporting laws is required. ily extend to the attorney in the other 14:403(A)(1), a misdemeanor offense. In Louisiana, “mandatory reporter” is roles as listed above. Louisiana Code of Training is provided on a regular ba- defined in Children’s Code art. 603(17) Evidence art. 506 specifically provides sis to provide the guidelines of mandated to include the following — health prac- the situations in which an attorney-cli- reporting and other areas of child abuse titioners, mental health/social service ent privilege is present. The Children’s and neglect. The training is provided practitioners, members of the clergy, Code does not provide any statutes to through the Pelican Center for Children teaching or child care providers, police indicate an override to that provision. & Families, www.pelicancenter.org. For officer/law enforcement officials, com- When the attorney-coach or the at- more information, visit the website of mercial film/photographic print proces- torney-teacher observes a child who is the Children’s Law Committee, www. sors, juvenile court mediators, parenting a victim of child abuse or neglect, that lsba.org/ChildrensLaw/. coordinators, CASA (Court Appointed attorney-coach or attorney-teacher is Special Advocate) volunteers, organi- now a mandatory reporter. Additionally, Cherrilynne Washington zational or youth activity providers, and any person having cause to believe Thomas is an assistant district attorney in the school coaches. As such, mandatory that a child’s physical or mental health Orleans Parish District reporters are required by law to make or welfare is endangered as a result of Attorney’s Office, Juvenile a report when there is a “cause to be- abuse or neglect is a permitted reporter. Division. She co-chaired lieve that a child’s physical or mental Louisiana Children’s Code art. 609(8). the Louisiana State Bar Association’s Children’s health or welfare is endangered as a re- This specifically includes a judge. Thus, Law Committee from sult of abuse or neglect . . . .” Louisiana an attorney may be a mandatory reporter 2010-16 and currently is Children’s Code art. 609. or a permitted reporter. a member. She also serves Louisiana law does not categorically Now that you have been identified as on the LSBA’s Diversity Committee. She re- identify legal professionals as mandato- a mandatory or permitted reporter and ceived her BBA degree in marketing from Loyola ry reporters but attorneys serve in many you are witness to an incident of sus- University and her JD degree from Southern other roles in the community. Some at- pected abuse or neglect, what do you University Law Center. (cwthomas@orleansda. torneys are also health practitioners, do? As a mandatory reporter of child com; 1100B Milton St., New Orleans, LA 70122)

Louisiana Bar Journal Vol. 66, No. 2 95 Legal Representation of Children: Opportunities for Attorneys

By Guy R. Lain

lthough children do not have law, policy and regulation. Enacted in distinct from civil and criminal law, in- the full legal capacity of 1992, the Louisiana Children’s Code cluding legal representation, identifica- adults, they are entitled to a is applicable to legal proceedings sub- tion and rights of parties, confidentiality panoply of special rights and ject to juvenile jurisdiction of courts. of proceedings and records, discovery, protectionsA under the law. As the body Juvenile proceedings include, most no- mandatory time constraints for hearings, of law regarding children has developed tably, delinquency proceedings; family required judicial findings and special ap- since the early 1900s, so the practice in need of services proceedings; child pellate procedures. The Children’s Code of children’s law has evolved “from a welfare proceedings; termination of pa- has incorporated many of the applicable cottage-age industry to a sophisticated rental rights proceedings; adoptions, in- federal requirements within its provi- legal specialty.”1 In Louisiana, the op- cluding facilitating interstate adoptions sions; however, additional federal laws portunities to represent children are under the Interstate Compact on the and regulations also may be applicable.3 varied and increasing. Attorneys are Placement of Children; mental health In addition to statutory law, the representing children in many types of commitment proceedings involving mi- Louisiana Rules of Court also include proceedings — juvenile court matters; nors; the implementation of interstate special rules for juvenile court mat- custody and visitation; federal and state child support orders under the Uniform ters. Part J of the Rules of the Supreme immigration; education; mental health; Reciprocal Enforcement of Support Court include “Special Rules for Cases SSI and Medicaid benefits; and, most Act; voluntary transfers of custody; and Involving the Protection of Children,” recently, human/sex trafficking victim’s when extraordinary life-sustaining pro- including provisions for specialized rights cases. Representing a child can cedures can be withdrawn from a ter- divisions of court, timeliness of hear- be enormously rewarding, but attorneys minally ill child. In addition, a juvenile ings and decision-making, confidenti- representing children encounter unique judge can approve juvenile marriages ality, child attorney qualification and challenges. and can enter protective orders in situ- standards, and special appeal and writ Children’s law is complex, often in- ations involving family violence.2 Many procedures for child protection, adop- volving topic-specific federal and state provisions of the Children’s Code are tion and custody cases. Rule 5 of the

96 August / September 2018 Uniform Court of Appeal Rules include be widely available to ensure quality le- “Procedures for Writs and Appeals in gal representation of children. Certain Cases Involving Minors,” includ- ► Agencies and organizations that The Louisiana Rules ing expedited handling of cases and con- provide legal services to children should fidentiality. In addition, the District Court of Professional Conduct do not be adequately funded for attorney sala- Rules include separate rules for family ries, administration and oversight, sup- distinguish representation of law proceedings (Title IV) and rules for port services, court and expert witness juvenile proceedings (Title V). children from representation fees, and other costs. The Louisiana Rules of Professional of adult clients, and guidance Louisiana’s children — Louisiana’s Conduct do not distinguish representa- future — deserve the full commitment tion of children from representation of addressing the unique challenges of all members of the Bar to ensure that adult clients, and guidance addressing of representing a child is scant. the increasing needs of children for legal the unique challenges of representing a representation are met. child is scant. Competent representation Competent representation of of children demands more than the “legal children demands more than FOOTNOTES knowledge and skill” required by Rule 1.1. Effective legal representation neces- the “legal knowledge and skill” 1. “From Cause to Profession: The Development of Children’s Law and Practice,” Marvin Ventrell, sarily includes an understanding of child required by Rule 1.1. Effective development and the effects of trauma.4 The Colorado Lawyer, January 2003. 2. Louisiana Children’s Code, Louisiana Providing client-directed representation legal representation necessarily Children’s Code Project, pgs xvi-xvii. for a very young child client is particu- includes an understanding of 3. For example, federal requirements of the larly challenging. Rule 1.14 provides that Indian Child Welfare Act enacted in 1978 have only a lawyer must, as far as reasonably pos- child development and the effects been recently referenced in the Children’s Code. See Act 296 of 2018. sible, maintain a normal lawyer-client of trauma. 4. See, “The Basics of Brain Development,” relationship with a client having dimin- Joan Stiles and Terry L. Jemigan, https://www. ished capacity as a result of “minority.” ncbi.nlm.nih.gov/pmc/articles/PMC2989000/; Under some circumstances, “the lawyer “The Impact of Trauma on Child Development,” Frank W. Putnam, Juvenile and Family Court may take reasonably necessary protec- Journal, Winter 2006. See also, “How Trauma in tive action, including consulting with with the child may be needed to build Childhood Affects the Brain: New Research Points individuals or entities that have the abil- trust and to learn how the child commu- to Neurobiological Sex Differences in Youth with ity to take action to protect the client.” In nicates verbally and non-verbally. PTSD,” Sarah-Nicole Bostan, M.A., https://www. The children most in need of legal psychologytoday.com/us/blog/greater-the-sum-its- “appropriate cases,” the lawyer may seek parts/201703/how-trauma-in-childhood-affects- court appointment of a tutor or curator representation are frequently involved in the-brain, posted March 20, 2017; “The Adverse to “protect the interest” of the child cli- multiple systems. It is not uncommon for Childhood Experiences Study: Child Abuse and ent. However, in Louisiana, it is not the a child in foster care also to be involved Public Health,” Why Prevention Matters Series, Dr. in the juvenile justice system or the im- Robert Anda, Prevent Child Abuse America, www. function of a child’s attorney to represent preventchildabuse.org. the “best interests” of the child, unless migration system, be facing suspension 5. In child protection cases, the best interests of specifically appointed by a court for that or expulsion from school, or be a sex the child may be represented by a Court Appointed purpose.5 trafficking victim. Today, to fully meet Special Advocate while the child’s attorney repre- sents the wishes of the child. Application of other provisions of the the legal representation needs of a child Rules also may be problematic. Pursuant client, often more than one attorney is Guy R. Lain is an attorney to Rule 1.8(f), attorneys may not accept required, each providing specific experi- with the Louisiana State compensation from someone other than ence. Department of Children The practice of law for children has and Family Services the client except as specifically pro- (DCFS). Before his work vided. Frequently, attorneys represent become increasingly specialized and with DCFS, he was the children by court appointment, through Louisiana has made great strides to meet children’s attorney with the an agency designated to represent chil- the basic legal representation rights of 7th JDC Indigent Defense children. However, there is much to be Office. He is a 1992 grad- dren, or as retained by an adult on behalf uate of Louisiana State of the child. Under these circumstances, done: University Paul M. Hebert the lawyer must maintain both indepen- ► Attorneys statewide should under- Law Center, is certified by dence and confidentiality in representa- stand and appreciate the nature and im- the National Association portance of children’s law practice and of Counsel for Children as a child welfare law spe- tion. Attorney-client communication, as cialist and is a member of the Louisiana State Bar contemplated in Rule 1.4, is particularly support efforts to improve access to qual- Association’s Children’s Law Committee. (guy.lain. challenging with a child client, especially ity representation of children. [email protected]; 1721 Carter St., Vidalia, LA 71373) with a child who is nonverbal or has very ► Training on representation of chil- limited verbal skills. Frequent meetings dren and on children’s law issues should

Louisiana Bar Journal Vol. 66, No. 2 97 The Color of Justice for Children By Judge Ernestine S. Gray

or decades, there has been much the total population. Colo., and the national Capacity Building discussion, acknowledgment Nationally, youth of color are dispro- Center for Courts showed that pockets of and concern about racial dis- portionately represented at every decision much higher disproportionality rates exist proportionality and disparity in point in the child welfare system. Their in a number of Louisiana parishes. Fthe systems that focus on children, espe- families are disproportionately referred Many factors have been identified as cially child welfare and juvenile justice. to the system by institutions such as hos- leading to the disproportionality in rep- Disproportionality refers to the under- pitals, schools and law enforcement. This resentation and disparities in treatment. representation or overrepresentation of a is true, even though research shows that These include poverty, a lack of com- racial or ethnic group compared to its per- rates of child abuse and neglect are not munity resources, as well as institutional centage in the total population. Disparity higher in families of color. Nevertheless, biases from the police, the child welfare is the unequal outcomes of one racial or these families are disproportionately peti- agency and the courts. For example, re- ethnic group as compared to outcomes for tioned and brought into the court system search has found that poor families are other racial or ethnic groups. and face greater likelihood of removal of more likely to come to the attention of Abundant national data indicate that their children than white families. the child welfare agency. There is also a minority children are disproportionately Fiscal year 2014 child welfare data lack of resources for foster families and represented in the child welfare system. submitted by Louisiana and analyzed kin caregivers of black children. These In other words, there are more minority by Casey Family Programs showed that unavailable resources can include cultural children in the child welfare system than African-American children accounted for competency training and adequate finan- would be expected given their numbers 42 percent of children in foster care, while cial assistance. System (legal, child wel- in the general population. This is par- African-American children were repre- fare agency and others) culture also can ticularly true for African-American chil- sented at a rate of 38 percent of all chil- be a root cause affecting disproportional- dren. Data from 2014 cited by the Child dren in the general population. While a ity. Whether all or some of these factors Welfare Information Gateway (https:// statewide average snapshot of dispropor- are at play, the result has been that many www.childwelfare.gov) indicates that tionality rates may not be as alarming as African-American children are staying in African-American children make up 24.3 the national data, Louisiana data submit- care for longer periods of time without percent of those in foster care nationwide, ted as recently as 2016 and analyzed by achieving permanency or making perma- although comprising only 13.8 percent of the Center for Policy Research in Denver, nent connections.

98 August / September 2018 According to the federal Office What do we know? Many blame ► increasing and supporting staff cul- of Juvenile Justice and Delinquency disproportionality and disparity on “the tural and linguistic diversity; Prevention (OJJDP), minority youth also system.” But, what is a system but a col- ► developing a system-wide effort are overrepresented in the juvenile jus- lection of individual choices? Study after to ask how families self-identify racially, tice system. A core requirement of OJJDP study suggest that all humans are subject ethnically and/or culturally, and ensure funding for states is to address the dispro- to implicit bias, whether against persons that information is a part of the case re- The Color of portionate number of minority youth who of color, poor people, people with disabili- cord; and come in contact with the juvenile justice ties, people with less education — the list ► increasing funds available for pre- system at each contact point (https:// goes on and on. These biases — whatever vention and in-home services that reflect www.ojjdp.gov/dmc). Similar to the child they are — can shape our decisions and an understanding of a family’s cultural welfare system, the causes of dispropor- how we interact with the children and the and historical background. tionate minority contact are complex and families we serve. Anyone interested in examining the is- include racial bias within the system, dif- What can we do? If motivated to do sues of racial disproportionality and dispa- Justice for ferences in the types and levels of offend- so, it appears that we have the capacity to rate treatment in the Louisiana child wel- ing behavior, legislation and policies with control our biases. Acknowledging that fare system should consider joining the disproportionate impact, and the presence completely eradicating bias will be dif- Disproportionate Minority and Disparate of other risk factors, including family eco- ficult, if not impossible, knowing how it Treatment Committee of the Pelican nomic status, family structure and neigh- develops, owning it personally and know- Center for Children & Families. For more borhood. ing that it is changeable are essential in information, visit www.pelicancenter.org. Racial and ethnic disproportional- a move toward social justice. Awareness (Assistance for the article was provided ity also exists in the educational system. precedes change. Tapping into the right by Mark Harris, executive director of the Children Overrepresentation in school discipline is strategies with an open mind, meaning- Pelican Center for Children & Families.) well documented. Minority students have ful progress can be made on an individual been shown to be up to four times more level with every decision we are called on Orleans Parish Juvenile likely to be suspended than white students to make. As individual decisions change, Court Judge Ernestine S. Gray has served on the and that suspensions are associated with “systems” can begin to change. Let us be court for 33 years. She negative student outcomes in academic the catalyst for this change. received her JD degree achievement, disciplinary action and fu- Some strategies that have been im- in 1976 from Louisiana ture juvenile justice involvement. In addi- plemented to reduce bias in jurisdictions State University Paul M. Hebert Law Center. Since tion, research suggests that a child’s race across the country include: the beginning of her le- and ethnicity significantly influence the ► training of existing staff to raise gal career, she has been probability of misidentification as needing awareness; involved in the juvenile special education (https://www.nea.org). ► instituting checks and balances for justice arena, handling hundreds of family law Root causes of disproportionality within individual bias as decisions are made; cases with the Baton Rouge Legal Aid Society and the educational system are complex, in- ► meaningfully engaging relatives, serving as president of the National Council of cluding historical advantages for white with particular emphasis on the extended Juvenile and Family Court Judges. She is the cur- children, institutionalized racism and so- family; rent president of the Pelican Center for Children & Families. ([email protected]; 1100B Milton St., cioeconomic conditions. ► contracting with providers of color; New Orleans, LA 70122)

The Pelican Center for Children & Families he Pelican Center for Children & and neglected children and their families. A key Families is a Louisiana not-for-profit mechanism of the Pelican Center for support- corporation that brings together lead- ing excellence in child welfare practice is the ership from entities serving the state’s Children’s Law Advocacy Resources Online mostT vulnerable children and families. In 2015, (CLARO) website. The CLARO website is a the Louisiana Supreme Court transferred the ad- clearinghouse for child welfare subject matter ministration of Court Improvement Program (CIP) and training resources and opportunities, both functions and responsibility for implementation live and online. To explore CLARO, go to: www. of the CIP strategic plan to the Pelican Center. The overarch- clarola.org. For more information about the Pelican Center, go ing goal of the CIP and the Pelican Center is to support judges to: www.pelicancenter.org. and attorneys, along with other legal, child welfare agency and —Mark Harris community partners, to ensure sound and timely decision-mak- Executive Director, ing, competent legal representation, and advocacy for abused The Pelican Center for Children & Families

Louisiana Bar Journal Vol. 66, No. 2 99 Expungement Reform Helps Those with Juvenile Records

By Hector A. Linares III

100 August / September 2018 iven the rehabilitative pur- dures, the juvenile court can expunge ment by filing an affidavit of response pose of juvenile court, many and seal records at any time if they are requesting a hearing.10 The affidavit of assume delinquency records related to matters that did not result in an response is also included as a form in are confidential in a manner adjudication or to matters that did result the Children’s Code and requires the ob- Gthat prevents them from following chil- in an adjudication if it is for certain pros- jecting party to indicate on which of five dren into adulthood and serving as ob- titution-related offenses where children possible grounds the agency is basing its stacles to leading a productive life. The by their very nature are also victims.3 objection.11 The reforms also added an truth is, however, records of juvenile ar- Records involving misdemeanor and article that prohibits courts from assess- rests or adjudications can come to light most felony adjudications can now be ex- ing costs or fees for juvenile expunge- in a number of ways, creating collateral punged as soon as the juvenile court has ments and allows courts to waive fees or consequences that hamper the ability to ceased to exercise jurisdiction in those costs assessed by record-bearing agen- move on with one’s life. Even once a matters.4 Also, records involving adjudi- cies if the court finds the applicant is in- case is long over, a juvenile record can cations for murder, manslaughter, sex of- digent.12 Each of these changes removes still negatively affect the ability to access fenses requiring registration, kidnapping a practical obstacle that previously made higher education, job opportunities with and armed robbery can now be expunged it more difficult for individuals to clear both private and public employers, gov- five years after the person satisfies the their juvenile records. ernment benefits like housing assistance, most recent judgment against him or The most dramatic change brought and other opportunities like admission to her.5 For all adjudications, the require- about by Act 362, however, may be the the Bar.1 Recognizing that these collater- ment remains that the person seeking new requirement that courts include in al consequences are counterproductive to expungement may not have any criminal all judgments of disposition “an order the goal of rehabilitation, there has been court felony convictions, criminal court of expungement to be made executory at a national movement towards helping misdemeanor convictions for firearm the end of the disposition unless, at the youth wipe their slates clean by expand- offenses against a person, or a pending end of the disposition, a person or agency ing and simplifying the expungement indictment or bill of information.6 These files an objection” through an affidavit of of delinquency records and generally provisions greatly expand the availabil- response.13 In effect, this provision makes strengthening the confidentiality protec- ity of expungement under the prior law, expungement automatic and the need to tions related to juvenile proceedings.2 which imposed two-year waiting periods file a motion for expungement superflu- Louisiana recently joined this move- for misdemeanors, five-year waiting pe- ous for most juvenile adjudications since ment when a series of changes to the ju- riods for most felonies, and prohibited the end of the case triggers the execution venile expungement and confidentiality expungement altogether for other felony of the expungement order without need articles contained in the Children’s Code offenses. for any further action by the juvenile. went into effect in August 2017. The new Expanding eligible offenses and Nevertheless, individuals would still law, known as Act 362, both expanded the shortening timelines for expungement is need to file a motion to expunge and seal list of eligible offenses and created a uni- of little use, however, if the process is too when the records in question relate to ar- form process for expungement that will complicated or expensive for most peo- rests that did not result in an adjudication allow the state’s youth to expunge and ple to avail themselves of it. In order to since there would be no order of disposi- seal their juvenile records sooner, more make the procedure more accessible, the tion in such cases. Likewise, matters in- cheaply, and, in many cases, without the new law implemented several changes. volving dispositions orders issued prior assistance of an attorney. The reforms First, juveniles must now be notified in to the new law going into effect would also strengthened the confidentiality of writing of the procedures for expunging also continue to require a motion. Yet juvenile records as a whole by creating and sealing their juvenile records at dis- even in cases where the judgment of dis- a strict process with new limitations for position.7 Second, the Children’s Code position should make expungement and sharing various kinds of juvenile records now provides a fill-in-the-blank form sealing automatic, juvenile defenders that are not expunged. Juvenile, criminal that must now serve as the exclusive mo- and other stakeholders within the juve- and civil legal aid attorneys alike should tion for the expungement and sealing of nile system must be vigilant to ensure all become familiar with these new rules and records and reports in all juvenile court jurisdictions are implementing the new procedures to better help and advise cli- jurisdictions.8 The mover can now also process correctly. ents whose juvenile records are creating serve all necessary parties by the much Once the court has entered an order unnecessary barriers to opportunities that cheaper methods of U.S. mail or elec- of expungement, the agencies or offi- will enhance their lives. tronic means in addition to the personal cials subject to the order must expunge service or certified mail that was required and seal all records and reports within New Expungement previously.9 Furthermore, for all offenses 30 days of the order.14 The agencies are Rules and Procedures except those serious offenses subject to no longer required to destroy the record the five-year waiting period, a contradic- physically, but the records and reports Under the new expungement proce- tory hearing is not required unless one expunged and the underlying conduct is of the agencies objects to the expunge- afterwards considered non-existent and

Louisiana Bar Journal Vol. 66, No. 2 101 cannot be made available to any person must grant the juvenile an opportunity to barriers to juvenile expungement by mak- or be released under any circumstances.15 be heard at a contradictory hearing before ing it easier, cheaper and quicker. As a re- Once records are expunged and sealed, the petition can be granted. Furthermore, sult, youth and adults seeking to move for- the law does not prohibit schools, gov- the new procedure specifies that, in deter- ward with their lives will not have to face ernment agencies or potential employers mining whether to grant the petition for as many obstacles to success because of from asking about expunged juvenile release of information, the juvenile court their prior involvement with the juvenile arrests and adjudications. However, the should consider “the privacy of the juve- justice system. new law does specify that no one whose nile, risk of harm to the juvenile, whether juvenile records have been expunged a compelling reason exists for releasing FOOTNOTES “shall be required to disclose to any per- the information, and whether the release son that he was arrested or adjudicated is necessary for the protection of a le- 1. Chrisopher Gowen, Lisa Thurau and or that the records and reports of arrest gitimate interest.”21 If the court grants the Meghan Wood, The ABA’s Approach to Juvenile or adjudication have been expunged and authorization to release the confidential Justice Reform: Education, Eviction, and Employment: The Collateral Consequences of 16 sealed.” The law also protects children information, every person to whom the Juvenile Adjudication, 3 Duke Forum for L. & Soc. with expunged records and their parents information is disclosed must execute Change 187 (2011). from perjury charges related to a failure a non-disclosure agreement certifying 2. Id. to acknowledge or provide information the person is familiar with the rules sur- 3. La. Ch. C. art. 918(A) (2018). 4. Id. at 918(B). 17 about the expunged record. As a result, rounding disclosure and agrees not to 5. Id. at 918(D). anyone who takes advantage of the new disclose any information to unauthorized 6. Id. at 918(C)-(D). streamlined process for expungement persons.22 Importantly, courts have the 7. La. Ch. C. art. 901(G) (2018). and sealing of juvenile delinquency re- ability to enforce these heightened pro- 8. Id. at 925. 9. Id. at 919(D). YOUR VOICE cords can have confidence that their past tections because violation of these proce- 10. Id. at 919(E). involvement with the juvenile justice dures and other confidentiality provisions 11. Id. at 926. system will no longer be a legal impedi- are punishable as constructive contempt 12. Id. at 924. ment for their future. of court.23 As a result of these enhanced 13. Id. at 903(B)(7). 14. Id. at 921(B). OUR VOICE confidentiality provisions, it is now sig- 15. Id. at 920(B), 922. Your LSBA committee: an advocate, a partner. Confidentiality Protections nificantly more difficult for third parties 16. Id. at 922(A). 17. Id. at 922(B). in General to obtain access to juvenile records, in- cluding delinquency records that have not 18. Id. at 412(M). 19. The new statutory language unequivocally The new legislation also strengthens been expunged. classifies FINS proceedings as civil in nature and the confidentiality of juvenile records prohibits custody, detention and any other action ordered as a part of a FINS proceeding from being generally by establishing strict rules for Conclusion considered a delinquency or criminal matter. La. how and when courts and agencies can Ch. C. art. 792. share juvenile records with outside par- The reforms to juvenile expungement 20. Id. at 412(E)(2). Your LSBA Committee SERVES YOU By Ensuring: ties. First, a new provision explicitly pro- procedures and confidentiality provisions 21. Id. at art. 412(E)(3). described in this article are the result of 22. Id. at 412(K). vides “juvenile criminal conduct shall not 23. Id. at 412(I). be made part of any state or local criminal a collaborative effort among stakehold- 24. See ABA Model Act Governing the background check.”18 Further, the new ers from across the juvenile justice sys- Confidentiality and Expungement of Delinquency law creates a rigid process that applies to tem, originating with proposed legislation Records (2015). the sharing of all confidential juvenile re- developed by the Louisiana State Law Institute’s Children’s Code Committee. Hector A. Linares III is cords, including records related to Child an associate clinical pro- in Need of Care (CINC) and Families in Many of the provisions making the ex- fessor and the coordina- Need of Services (FINS) proceedings.19 pungement process more accessible — tor of skills and experi- Courts maintain the ability to authorize notification requirements, immediate eli- ential learning at Loyola gibility and automatic expungement upon University College of the release of juvenile records when they Law. He received his JD are relevant to specific investigations or case closure for most adjudicated offenses, degree from New York A policy offering A coverage opportunity for a Continuous oversight of premium a five-year waiting period for serious of- University School of Law proceedings, but must follow a more rigid essential coverages majority of Louisiana attorneys rates to provide a stable program process in order to do so. fenses, and the elimination of costs associ- and worked as a special ated with expungement — coincide with education attorney and First, the party seeking the information juvenile defender prior must file a petition listing the intended or were adapted from provisions contained to entering academia. use of the information and the names of in the American Bar Association’s Model He serves on the Louisiana State Bar Association’s all persons who will be able to access the Act Governing the Confidentiality and Children’s Law Committee, the Louisiana State The Legal Malpractice Insurance Committee of the Louisiana State Bar Association holds the Law Institute’s Children’s Code Committee and 20 Expungement of Juvenile Delinquency information. The petitioner must serve the Southern Juvenile Defender Center Advisory endorsed insurance carrier to a high standard of accountability for the benefit of all its members. 24 both the juvenile and his or her attorney Records. This new legal framework bet- Committee. ([email protected]; 7214 St. with notice of this petition, and the court ter protects confidentiality and removes Charles Ave., Box 902, New Orleans, LA 70118)

102 August / September 2018 800.906.9654 GilsbarPRO.com YOUR VOICE OUR VOICE Your LSBA committee: an advocate, a partner.

Your LSBA Committee SERVES YOU By Ensuring:

A policy offering A coverage opportunity for a Continuous oversight of premium essential coverages majority of Louisiana attorneys rates to provide a stable program

The Legal Malpractice Insurance Committee of the Louisiana State Bar Association holds the endorsed insurance carrier to a high standard of accountability for the benefit of all its members.

800.906.9654 Louisiana Bar JournalGilsbarPRO.com Vol. 66, No. 2 103 Children Exposed to Domestic Violence: Silent Victims

By Judge (Ret.) Kathleen Stewart Richey

s every family law attorney lifetimes; more than 5,000 women a (Children Exposed to Marital Violence: recognizes, children are im- year living in Louisiana will experi- Theory, Research, and Applied Issues, pacted by the events in the ence domestic violence. (Tjaden and Holden, Geffner & Jouriles, 1998). A lives of their parents and Thoenne, National Institute of Justice review of the literature reveals that chil- caretakers.A This reality is underscored and the Centers for Disease Control dren who witness domestic violence in matters involving child custody, visi- and Prevention Survey, 2000.) Many of are at risk for maladaptive reactions tation, termination of parental rights and these women have children impacted by in one or more areas of functioning — child support. What receives little or these traumatic events. emotional, social, behavioral, cogni- no attention is the impact of domestic While the devastating effects of do- tive and even physical that persist into abuse or intimate partner violence on mestic violence on women are well adulthood. (Journal of Interpersonal the children of the household. documented, far less is known about Violence, 11(2), Kolbo & Engleman, Domestic violence is recognized as a the impact on children who witness a 1996). Truancy, ungovernable behav- pervasive and devastating social prob- parent or caregiver being subjected to iors, immaturity and delinquency are be- lem, with Louisiana leading the nation violence. It is documented that, on the havioral concerns linked to exposure to in female homicides related to domes- census day, Sept. 16, 2015, of the in- domestic violence. Physical symptoms tic violence. The National Coalition dividuals seeking refuge, 269 children include failure to thrive, sleeplessness, Against Domestic Violence reports that, (and 180 adults) were placed in shelters regressive behaviors, eating disorders, in 2010, Louisiana ranked fourth in the or transitional housing provided by do- poor motor skills and other psychoso- country for femicide and that 81 percent mestic violence programs in Louisiana. matic symptoms. Cognitive symptoms of all female homicides are committed It is estimated that, nationally, one in 15 linked to exposure to domestic violence by a partner or ex-partner. On one day, children are exposed to intimate partner include poor academic performance and Sept. 16, 2015, domestic violence pro- violence each year. language delays. (Partner Violence: A grams in Louisiana served 714 victims. Children exposed to domestic vio- Comprehensive Review of 20 Years of (National Network to End Domestic lence or intimate partner violence have Research, Wolak & Finkelhor, 1998.) Violence, 2015 Domestic Violence been called “the silent victims.” A grow- Additionally, children who reside in Counts: A 24-Hour Census of Domestic ing body of research shows that children homes marked by domestic violence Violence Shelters and Services.) In who witness violence at home are at are exposed to various forms of aggres- Louisiana, one in four women will ex- risk for a wide range of physical, men- sion which may include repeated physi- perience domestic violence in their tal, emotional and behavioral problems. cal assaults, mental humiliation and

104 August / September 2018 degradation, threats and assaults with lence. Studies from several countries weapons, threats of suicide and homi- support the findings that rates of abuse cide, and destruction of property. (L.A. are higher among women whose hus- McClosky, A.J. Figueredo and M.P. Children who live in battering bands were abused as children or who Children Exposed to Koss (1995), The Effects of Systemic relationships experience the saw their mothers being abused. (David Family Violence on Children’s Mental most insidious form of child Indermaur, Young Australians and Health, Child Development, 66, 1239- abuse. Whether or not they Domestic Violence, Trends and Issues 1261.) Investigation of the negative ef- are physically abused by in Crime and Criminal Justice, No. 195, fects of a child’s exposure to domestic either parent is less important Canberra, 2001.) violence reveals a link between witness- than the psychological scars As part of the U.S. Attorney General’s Domestic Violence: they bear from watching their ing violence in the home and a wide ar- Defending Childhood Initiative in 2010, ray of adjustment problems. Child wit- fathers beat their mothers. They a National Task Force on Children nesses of domestic violence experience learn to become a part of a Exposed to Violence was commissioned chaotic, distressing events over which dishonest conspiracy of silence. to study the impact of violence on chil- they have little control. Expressions of They learn to lie to prevent dren. The Task Force was composed of a hostility between intimate partners are inappropriate behavior, and diverse group of leaders in the legal, aca- often followed by what appear to be they learn to suspend fulfillment demic, medical, psychiatric and psycho- loving exchanges, which may inhibit a of their needs rather than risk logical, and child welfare professions. child’s ability to trust, develop a sense another confrontation. They In 2012, the Task Force issued findings Silent Victims expend a lot of energy avoiding of safety and security or personal con- and recommendations “to ensure that trol. (A. Tyndall-Lind, International problems. our nation’s past inadequate response to Journal of Play Therapy, 8,9-25, - Lenore Walker children’s exposure to violence does not 1999.) Lastly, a review of the Adverse The Battered Woman negatively affect children’s lives any fur- Childhood Experiences (ACE) Study ther. . . The long-term negative outcomes indicates that witnessing domestic vio- of exposure to violence can be prevented, lence as a child may have long-lasting and children exposed to violence can be effects well into adulthood, promoting Not surprisingly, there is a com- helped to recover.” With recent advanc- engagement in risky health behaviors mon link between domestic violence es in neuroscience and understanding that seriously impact adult physical and and child abuse. Among victims of child development, effective methods mental health. (The Adverse Childhood child abuse, 40 percent report domes- of interrupting and responding to the Experiences (ACE) Study, Vincent J. tic violence in the home. (World Health consequences of children’s exposure to Felitti, MD, Robert F. Anda, MD, et Organization, World Report on Violence violence do exist. It is time, as a state, to al., American Journal of Preventative and Health, 2002). One study in North commit to the protection of Louisiana’s Medicine, 1998.) America found that children who were children. The legal profession can and Lenore Walker, author of The exposed to violence in the home were 15 should play a significant role in address- Battered Woman, describes the world of times more likely to be physically and/ ing this pressing problem. children who grow up in violent homes: or sexually assaulted than the national Judge (Ret.) Kathleen average. (J.S. Volpe, Effects of Domestic Children who live in battering Stewart Richey became Violence on Children and Adolescents: the president/CEO of relationships experience the most An Overview, The American Academy LouisianaChildren.org in insidious form of child abuse. of Experts in Traumatic Stress, 1996.) 2015. She began her ca- reer as an attorney repre- Whether or not they are physically Equally troubling is that children abused by either parent is less senting children in child who grow up with violence in the home dependency and delin- important than the psychological learn early and powerful lessons about quency matters. During scars they bear from watching the use of violence in interpersonal this time, she served on the Children’s Code their fathers beat their mothers. relationships to dominate others and They learn to become a part of a Project Committee which might even be encouraged in doing drafted the Louisiana dishonest conspiracy of silence. so. (A.C. Baldry, “Bullying in Schools law regarding children’s issues. In 1991, she be- They learn to lie to prevent and Exposure to DV,” Child Abuse and came the first juvenile judge in East Baton Rouge Parish. During her 24 years on the bench, she was inappropriate behavior, and Neglect, vol. 27, no. 7, 2003, pp. 713- they learn to suspend fulfillment instrumental in establishing Capital Area CASA. 732.) The single best predictor of chil- She has served on several legislative task forces, of their needs rather than risk dren becoming either perpetrators or most notably the Legislative Task Force on Legal another confrontation. They victims of domestic violence later in Representation in CINC Matters which created the Child Advocacy Program in Louisiana. (krichey@ expend a lot of energy avoiding life is whether or not they grow up in problems. louisianacasa.org; 1120 Government St., Bldg. I, a home where there is domestic vio- Baton Rouge, LA 70802)

Louisiana Bar Journal Vol. 66, No. 2 105 Adoptions: Lawyers Helping to Create Forever Families and Sometimes Forever Problems By Jennifer Guillot Womble

t is well settled in Louisiana that can be totally devastating to a child and mon friends or relatives, or matched “adoption is a creature of statute both families (biological and adoptive). through an attorney. and all of the statutory require- Complications could cause delays in Additionally, Louisiana law provides ments must be strictly carried out hearings and finalization of adoptions, procedures for intercountry adoptions .I . . .” In re Byrd, 75 So.2d 331,332 (La. removal of the child from a loving fam- through recognition of foreign adop- 1954). But adoption is not only a legal ily unit despite living in the home for a tion and adoption of a foreign orphan.6 transaction, but a family transforma- significant period of time, termination Through recognition of foreign adop- tion. No matter the age of the child or of relationships with the child, exten- tion proceedings, a Louisiana court can the circumstances surrounding the situa- sive emotional court proceedings, and/ recognize an adoption granted in a for- tion, the legal actions taken will forever or payment of exorbitant costs. Rule 1.1 eign country, render a Louisiana adop- dramatically change the life of a child as of the Louisiana Rules of Professional tion decree and issue a Louisiana birth well as both the family of origin and the Conduct requires all lawyers to provide certificate. In an adoption of a foreign adoptive family. Louisiana’s adoption competent representation. In an adop- orphan, the Louisiana court must find laws create a new family and, except in tion proceeding, where the stakes are that the child has qualified as a foreign limited circumstances, permanently ter- so high and the obstacles so potentially orphan and is lawfully in the United minate the legal rights and responsibili- devastating, attorney competency is States to proceed with a Louisiana adop- ties with the family into which the child critical. tion proceeding. Intercountry adoptions was born.1 There are three different types of do- are very complicated and are subject For an attorney, the prospect of as- mestic adoptions created by Louisiana to federal and state law. All intercoun- sisting in the creation of a new family statutory law — intrafamily, agency try adoptions require federal immigra- through adoption may be enticing. The and private adoptions.2 Intrafamily tion and naturalization documenta- practice of adoption law can be fulfilling adoptions involve a stepparent or close tion. Since the Intercountry Adoption but is fraught with potential pitfalls that biological relative of the child who is Universal Accreditation Act of 2012 complicate adoptions, delay adoptions adopting the child.3 These adoptions went into effect, all intercountry adop- or, in the worst case scenarios, cause tend to be the simplest legal process and tions are required to meet the standards adoptions to fail. Because the factual the most common. An agency adoption of the Hague Convention on Protection circumstances of each adoptive situation is one in which the child has been placed of Children and Cooperation in Respect is unique, no two adoptions are exactly with adoptive parents by a licensed of Intercountry Adoption.7 Only Hague- the same and opportunities for compli- child placing agency.4 Agency adop- accredited agencies and attorneys are cations are variable and abundant. The tions include adoption of foster children permitted to place foreign children for more common problems involve oppo- through the Department of Children and adoption in the United States. sition by a biological father, a biologi- Family Services and adoption of unre- With the opportunity for complica- cal mother deciding to parent her baby lated children surrendered to a licensed tions so high and the consequences of a after adoption planning has progressed, adoption agency. A private adoption failed adoption so devastating, diligence placements that involve more than one is one in which the biological parents at every point in the process is essen- state, and incorrect or missing adoption and the adoptive parents are not legally tial. Adoption attorneys can minimize documentation. No matter the prob- or biologically related to each other.5 problems by recognizing potential is- lem encountered and the reason for the Private adoptions are usually arranged sues, counseling clients diligently, and adoption going astray, any complication by the parties themselves, through com- proactively handling “hot spots” such as

106 August / September 2018 interstate placements, federal tax cred- adoption field and have been invited FOOTNOTES its, custodial situations, required docu- into the academy based on their adop- mentation, termination of all parental tion work. Presently, there are approxi- 1. In all adoptions, the legal right of the child rights, intercountry placements, allow- mately 10 Louisiana attorneys who have to inherit from birth parents is retained. Children’s Code (Ch. C.) arts. 1218 and 1240. In a stepparent able birth parent living expenses, insur- membership in the Academy. adoption, the relationship with the parent married ance coverage and Indian Child Welfare Adoption practice is not for the faint to the stepparent is unaffected. Art. 1256. Act application. Additionally, attorneys of heart. It is categorically not a form 2. La. Ch. C. art. 1170. should be mindful of issues touching practice. It is rewarding yet challenging 3. La. Ch. C. art. 1243 et seq. 4. La. Ch. C. art. 1198 et seq. on adoption law including gestational even for seasoned adoption attorneys. 5. La. Ch. C. art. 1221 et seq. carrier contracts which are statutorily Lawyers are well advised to proceed 6. La. Ch. C. art. 1281.1 et seq. allowed and handled under the jurisdic- with caution in adoption matters — the 7. Public Law 112-276; 42 USC 14925. tion of Juvenile Courts (although not in- future of a child and his/her family is at cluded in the Children’s Code). To fur- stake. Jennifer Guillot Womble received both her BS and ther complicate matters, adoption laws JD degrees from Tulane are amended frequently, and adoption Adoption Practice Pointers University. She has more practitioners must be vigilant to changes ► Learn all applicable law and poli- than 20 years of experi- in the law. cy, including, but not limited to, the pro- ence in the juvenile law arena, practicing in vari- There are attorneys and agencies visions of the Children’s Code. ous courts throughout across Louisiana who regularly handle ► Enlist the assistance of a seasoned Louisiana focusing on adoption matters. While adoption law Louisiana adoption attorney. adoptions, Child in Need is not considered a legal specializa- ► Attend specialized adoption of Care, termination and delinquencies proceed- tion by the Louisiana Board of Legal training (see the Louisiana State ings. ([email protected]; 4828 Evangeline St., Specialization, the American Academy Bar Association’s Children’s Law Metairie, LA 70001) of Adoption Attorneys is a national as- Committee webpage for scheduled sociation comprised of attorneys who events, www.lsba.org/childrenslaw). have distinguished themselves in the

Children and Education: Access Articles Online either the U.S. Constitution bullying, school fights and having weap- “Federal Educational Rights of Children nor the Louisiana Constitution ons and drugs on school grounds. with Disabilities.” explicitly guarantees children ► Control over student behavior Pamela Toney Crawford’s article on a fundamental constitutional through corporal punishment, use of re- “Enrollment and Access to Education” rightN to education. In a series of Supreme straints, suspension and expulsion. references the statutory provisions by Court cases, beginning with Brown v. ► Privacy rights of students and edu- which non-parents without a custody or- Board of Education, public education has cational records. der can enroll students in school. been recognized as a legal entitlement that ► Discrimination on the basis of race, Mark Simeon explains requirements “is perhaps the most important function of ethnicity, religion or sexual orientation. relative to “Homelessness and Access to state and local governments.”1 State stat- ► Freedom of expression, including Education.” utes provide for compulsory school atten- student appearance, publications, assem- An article on “Locker Searches and dance and a system of public education. bly and speech. Right to Privacy” by Pamela Toney However, the exercise of state authority Posted on the Louisiana State Bar Crawford highlights Louisiana law. over educational matters has been limited Association’s Children’s Law Committee Information about “Corporal by both federal law and by federal and website are several articles that provide Punishment in Louisiana” is provided by state court decisions. additional information on many of these Rebecca E. May-Ricks. Education law involves a panoply of issues. Access all articles at: www.lsba.org/ issues. In her article on the “Educational Rights ChildrensLaw/. ► Equal access to education for all of At-Risk Children,” Dr. Barbara Ferguson children, including children with disabil- reviews federal and state laws that address FOOTNOTE ities, at-risk children, homeless children the education of poor children. and immigrant children. Rebecca E. May-Ricks and Kellie 1. 347 US 483 (1954). ► School safety concerns include Johnson Futrell provide guidance on the

Louisiana Bar Journal Vol. 66, No. 2 107 108 August / September 2018 2018-19 LSBA President Barry H. Grodsky addresses the crowd during the Installation Luncheon. Photo by Matthew Hinton Photography. The 2018-19 Louisiana State Bar Association Board of Governors. Seated from left, Valerie T. Schexnayder, Monique Y. Metoyer, Treasurer Shayna L. Sonnier, Immediate Past President Dona Kay Renegar, President Barry H. Grodsky, President-Elect Robert A. Kutcher, Secretary John E. McAuliffe, Jr. and Shayna B. Morvant. Standing from left, L. Kent Breard, Jr., John M. Church, Edward J. Walters, Jr., Sandra K. Cosby, Stephen I. Dwyer, Darryl J. Foster, Young Lawyers Division Chair Dylan T. Thriffiley, Edward L. Tarpley, Jr., D. Skylar Rosenbloom, Lynn Luker, Jermaine Guillory and Paul L. Hurd. Not in photo, Shannon S. Dartez, J. Lee Hoffoss, Jr., Patrick J. Harrington, Ronald J. Scalise, Jr. and Jeffrey A. Riggs. Photo by Matthew Hinton Photography.

LSBA Installs 2018-19 Officers, Board of Governors he Louisiana State Bar & Associates, is beginning his second Members of the 2018-19 Board of Association’s (LSBA) 2018- year of a two-year term as secretary. He Governors also were installed by Chief 19 officers and members of also serves as editor of the Louisiana Bar Justice Johnson. the Board of Governors were Journal. installedT June 7, in conjunction with the Shayna L. Sonnier, a partner in the First District LSBA’s Annual Meeting in Destin, Fla. Lake Charles law firm Hunter, Hunter ► D. Skylar Rosenbloom, an associ- Barry H. Grodsky was installed as & Sonnier, L.L.C., is beginning her first ate in the New Orleans office of the law the 78th LSBA president by Louisiana year of a two-year term as treasurer. firm Fishman Haygood, L.L.P. Supreme Court Chief Justice Bernette Dona Kay Renegar, a member in ► Darryl J. Foster, a partner in Joshua Johnson. Grodsky is a partner the Lafayette law firm Veazey, Felder & the New Orleans office of the law firm in the New Orleans law firm Taggart Renegar, L.L.C., will continue her ser- Bradley Murchison Kelly & Shea, L.L.C. Morton, L.L.C. vice to the LSBA as 2018-19 immediate Robert A. Kutcher, managing partner past president. Second District in the Metairie law firm Wagar Richard Dylan T. Thriffiley, assistant vice ► Stephen I. Dwyer, managing Kutcher Tygier & Luminais, L.L.P., was president of compliance and regula- partner in the Metairie law firm Dwyer, installed as 2018-19 president-elect. He tory affairs for Ochsner Health System Cambre & Suffern, A.P.L.C. will assume the presidency in 2019-20. in New Orleans, was installed as 2018- John E. McAuliffe, Jr., an attorney in 19 chair of the LSBA Young Lawyers Continued next page the Metairie office of Frederick A. Miller Division.

Louisiana Bar Journal Vol. 66, No. 2 109 Installation continued from page 109 Third District ► Shannon Seiler Dartez, an at- torney with the Glenn Armentor Law Corporation in Lafayette.

Fourth District ► J. Lee Hoffoss, Jr., a partner in the Lake Charles law firm Hoffoss Devall, L.L.C.

Fifth District ► Edward J. Walters, Jr., a partner in the Baton Rouge law firm Walters, Papillion, Thomas, Cullens, L.L.C. ► Valerie T. Schexnayder, a LSBA Distinguished Access to Justice Pro Bono 2018-19 LSBA President Barry H. Grodsky was sworn in by Louisiana Supreme Court Chief Justice Fellow and a mediator in Baton Rouge. Bernette Joshua Johnson during the Installation Luncheon. Photo by Matthew Hinton Photography.

Sixth District ► Edward L. Tarpley, Jr., owner Eighth District Tulane University Law School of the law firm Edward L. Tarpley, Jr., ► Patrick J. Harrington, an as- ► Ronald J. Scalise, Jr., New A.P.L.C., in Alexandria. sociate in the Law Offices of J. Dhu Orleans, the A.D. Freeman Professor Thompson, A.P.L.C., in Shreveport. of Civil Law at Tulane University Law Seventh District School. ► Paul L. Hurd, sole shareholder in At-Large Members Paul Loy Hurd, A.P.L.C., and in Home ► Jermaine Guillory, section chief Louisiana State Law Institute Title Guaranty Co., both in Monroe. for the 19th Judicial District Attorney’s ► L. Kent Breard, Jr., an attorney Office in Baton Rouge. in the Monroe law firm Snellings, Breard, ► Monique Y. Metoyer, an assistant Sartor, Inabnett & Trascher, L.L.P. district attorney and homicide screen- ing chief for the Caddo Parish District House of Delegates Liaison Attorney’s Office in Shreveport. Committee ► Lynn Luker, of counsel in the ► Chair Sandra K. Cosby, an associ- New Orleans law firm Stanley, Reuter, ate in the Metairie office of Frederick A. Ross, Thornton & Alford, L.L.C. Miller & Associates. ► Member Jeffrey A. Riggs, a part- Louisiana State University Paul M. ner in the Lafayette office of the law firm Hebert Law Center Lewis Brisbois Bisgaard & Smith, L.L.P. 2017-18 LSBA President Dona Kay Renegar ► John M. Church, Baton Rouge, ► Member Shayna B. Morvant, presents 2018-19 LSBA President Barry H. Professor of Law at LSU Paul M. Hebert managing partner of the law firm Beevers Grodsky with the President’s lapel pin during the Law Center. & Beevers, L.L.P., in Gretna. Installation Luncheon. Photo by Matthew Hinton Photography.

110 August / September 2018 Joint Summer School & Annual Meeting Wrapup Three LSBA Members Receive President’s Awards hree Louisiana State Bar Association (LSBA) mem- bers received 2018 President’s Awards during the Annual TMeeting in Destin, Fla. Recipients were chosen by 2017-18 LSBA President Dona Kay Renegar and were recognized for ser- vices to the association. Recognized were attorneys Raymond P. Ladouceur, Abita Springs; David W. Leefe, New Orleans; and Lynn Luker, New Orleans. Raymond P. Ladouceur, a mem- ber in the Ladouceur Law Firm, L.L.C., in David W. Leefe, left, was presented with a Lynn Luker, left, was presented with a President’s Abita Springs, was President’s Award by 2017-18 LSBA President Award by 2017-18 LSBA President Dona Kay recognized for his Dona Kay Renegar during the General Assembly. Renegar during the General Assembly. Photo by exemplary contribu- Photo by Matthew Hinton Photography. Matthew Hinton Photography. tions as a speaker at several LSBA Trust Raymond P. Accounting Schools Ladouceur New Orleans office of the law firm Liskow and arbitrator with Perry Dampf Dispute and Solo, Small Firm & Lewis, A.P.L.C., was recognized for Solutions, was recognized for her exem- and Tech Conferences. He received his JD his exemplary accomplishments and con- plary accomplishments and contributions degree from Loyola University College tributions as chair of the LSBA’s Client as a LSBA Section leader and a member of of Law and was admitted to practice in Assistance Fund Committee. A former the LSBA’s CLE, Diversity and Legislation Louisiana in 1989. He is a board-certi- member of Liskow’s board of directors, he Committees. She received a BA degree in fied estate planning and administration has practiced with the firm for 35 years and psychology in 1978 from the University of specialist through the Louisiana Board of currently serves as chair of the 20-member New Orleans, her JD degree in 1981 from Legal Specialization and is a Louisiana Maritime, Oilfield and Insurance Practice Tulane University Law School (Order of licensed certified public accountant. He Group. He received his undergraduate de- Barristers), an LLM (with distinction) in is a member of the St. Tammany and gree from Louisiana State University and admiralty law in 1985 from Tulane Law American Bar Associations, the Society of his JD degree from Loyola University School and an LLM in energy and envi- Louisiana CPAs (president, 2003-04) and College of Law. He has served in the ronmental law in 1992 from Tulane Law the Association of Attorney-CPAs (presi- LSBA’s House of Delegates for more than School. She was admitted to practice in dent, Louisiana Chapter, 1995-97). He 20 years and on the Board of Governors Louisiana in 1981 and in Massachusetts is the author of Estate and Gift Taxation from 2014-17. He is the longtime chair of in 2007. She is an at-large member on the (A Louisiana Perspective) and Tax and the Client Assistance Fund Committee, a LSBA’s Board of Governors. She chairs Other Aspects of Marriage and Divorce group of attorney volunteers whose mis- the LSBA’s Civil Law and Litigation (A Louisiana Perspective), both published sion is to reimburse individuals victimized Section and is a member of the LSBA’s by Continuing Education Publishers, New by fraudulent or dishonest conduct by law- Committee on the Profession and the CLE Orleans; and a contributing author of yers licensed to practice in Louisiana. Committee. She is an adjunct professor at Guide to Litigation Services, Practitioners Lynn Luker, of counsel in the New Tulane Law School and co-director of the Publishing Company, Fort Worth, Texas. Orleans law firm Stanley, Reuter, Ross, Trial Advocacy and Civil Pre-Trial Boot David W. Leefe, a shareholder in the Thornton & Alford, L.L.C., and a mediator Camp.

Louisiana Bar Journal Vol. 66, No. 2 111 Judge Guy P. Holdridge, left, was presented with the Kimball Award by 2017- Michael J. Moran, left, was presented with the Victory Award by 2017-19 18 LSBA President Dona Kay Renegar during the General Assembly. Photo LSBA Secretary John E. (Eddie) McAuliffe, Jr. during the General Assembly. by Matthew Hinton Photography. Photo by Matthew Hinton Photography. Judge Holdridge Receives Moran Receives Victory Kimball Award Memorial Award

ouisiana 1st Circuit Court of Appeal Judge Guy P. ichael J. Moran of Metairie received the 2018 Holdridge of Gonzales received the 2018 Catherine Stephen T. Victory Memorial Award, recogniz- D. Kimball Award for the Advancement of the ing outstanding contributions to the Louisiana Administration of Justice, presented during the Bar Journal. The award was presented during the LouisianaL State Bar Association’s Annual Meeting in Destin, Fla. LouisianaM State Bar Association’s Annual Meeting in Destin, Fla. Judge Holdridge began his judicial service on the 23rd Judicial Moran was recognized for his article, “Louisiana Collateral District Court bench in 1991, holding the position of chief judge Source Rule,” published in the Louisiana Bar Journal, December in 1991, 1995, 2000, 2005, 2006 and 2014. He earned a BA de- 2017/January 2018, Volume 65, Number 4. gree in 1974 from Louisiana State University and his JD degree He is a director, the vice president and a mediator for Mediation in 1978 from LSU Paul M. Hebert Law Center (Order of the Arbitration Professional Systems, Inc. (maps.) Over his 45-year legal Coif, Louisiana Law Review). He is a member of the LSU Law career, he has focused his practice in the areas of litigation-personal Center Hall of Fame. He serves on the adjunct faculty of LSU injury, commercial, banking, real estate, bankruptcy and general civil Law Center, teaching Louisiana Civil Procedure I and II. cases. He is currently serving as assistant director of the Louisiana He received a BS degree in 1969 from the University of Louisiana- State Law Institute Council. He is a member of the Law Institute’s Monroe and his JD degree in 1972 from Loyola University Law School. Children’s Code, Child Custody, Expropriation, Prescription, He received training in basic and advanced mediation tech- Bail Bonds, Summary Judgment, Civil Procedure and Adult niques from U.S. Arbitration and Mediation, Appropriate Dispute Guardianship committees. He is currently serving as acting re- Resolution, Attorney-Mediators Institute, the International Academy porter for the Criminal Law and Procedure Committee which is of Mediators and Pepperdine University School of Law’s Straus revising the Post-Conviction Relief articles. He is a member of Institute for Dispute Resolution. He is an adjunct professor in ne- the Louisiana Supreme Court’s Strategic Planning Committee gotiation and mediation at Tulane University Law School. He is a and Jury Instructions Committee. charter fellow of the International Academy of Mediators and the American College of Civil Trial Mediators.

112 August / September 2018 Joint Summer School & Annual Meeting Wrapup

Kim M. Boyle, left, former LSBA president, accepted the Guardian of Diversity Pamela W. Carter, left, was presented with the Chief Justice Bernette Joshua Award on behalf of the Greater New Orleans Chapter of the Louis A. Martinet Johnson Trailblazer Award by 2017-18 LSBA President Dona Kay Renegar Legal Society, Inc., which was presented by 2017-18 LSBA President Dona Kay during the General Assembly. Photo by Matthew Hinton Photography. Renegar during the General Assembly. Photo by Matthew Hinton Photography. Carter, Martinet Society Chapter Receive Diversity-Related Awards

amela W. Carter of New of the Leadership Council for the DRI dress racial disparities in the legal pro- Orleans received the 2018 Diversity Committee (former chair) fession. The professional development Chief Justice Bernette and of the Claims Litigation Diversity program assisted minority students Joshua Johnson Trailblazer Committee. She has championed in- from the state’s four law schools with PAward during the Louisiana State Bar clusion by supporting scholarships for networking and career-building skills. Association’s (LSBA) Annual Meeting minority high school students and by In 2018, the GNO Martinet hosted its in Destin, Fla. assisting in law firm recruitment of di- third program at Tulane University Law A partner in the Carter Law Group, verse lawyers. She is a contributor/co- School. More than 70 students, repre- L.L.C., in New Orleans, Carter has author of more than 50 articles on the senting all four Louisiana law schools, represented clients in federal and state topic of diversity and inclusion. participated. More than 200 students courts in Louisiana and Texas for more The Greater New Orleans Chapter have participated since the program’s than 25 years. She has litigated and me- of the Louis A. Martinet Legal Society, inception. diated complex disputes, including in- Inc. received the 2018 Guardian of The GNO Martinet wants to expand surance claims for corporate clients and Diversity Award, also presented dur- this program in the future and is seek- race/gender discrimination cases. ing the LSBA’s Annual Meeting. The ing opportunities to partner with other She was an extern for Judge Freddie organization (GNO Martinet) was rec- diversity bar associations, including the Pitcher, Louisiana 1st Circuit Court ognized for its annual “Pathways and Louisiana Asian Pacific American Bar of Appeal, in 1994 and a judicial law Pipelines to Success” Program. Association and the Hispanic Lawyers clerk in Orleans Parish Civil District In 2016, the GNO Martinet hosted Association of Louisiana. Court from 1995-96. She is a member its inaugural “Pathways” program to ad-

Louisiana Bar Journal Vol. 66, No. 2 113 Domengeaux Receives Hernandez III Memorial Award

ames H. Domengeaux of Lafayette received theJ 2018 John A. “T-Jean” Hernandez III Memorial Award Chief Justice Bernette Joshua Johnson, Patrick S. Ottinger and W. Michael Street during the General Assembly. Photo by Matthew Hinton Photography. for achievements in Francophone leader- James H. Domengeaux ship. The award was Ottinger Receives LBF’s presented during the Louisiana State Bar Association’s Annual Boisfontaine Trial Advocacy Award Meeting in Destin, Fla. atrick S. Ottinger of Lafayette and is listed on the AAA Energy Panel A partner in the Lafayette law firm received the 2018 Louisiana and on the Energy Arbitrators List of the Domengeaux Wright Roy & Edwards, Bar Foundation’s Curtis R. Institute for Energy Law. He completed L.L.C., Domengeaux currently serves as Boisfontaine Trial Advocacy formal mediation training through the treasurer for the LSBA’s Francophone PAward during the Louisiana State Bar Straus Institute for Dispute Resolution, Section and is a former board member Association’s (LSBA) Annual Meeting Pepperdine University School of Law. of the Council for the Development of in Destin, Fla. He is a Fellow of the Louisiana Bar French in Louisiana. He is a former board A partner in the Lafayette law firm Foundation and served on its board of di- member of the Lafayette Bar Association Ottinger Hebert, L.L.C., Ottinger has rectors from 2003-07. He served as pres- and served on the Board of Governors been in private practice since 1973, con- ident of the LSBA in 1998-99. He is a for the Louisiana Association for Justice. centrating in oil and gas (onshore and member of several Louisiana State Law He authored an article, “Native Born offshore), renewable energy projects, Institute committees, chairs the Advisory Acadians and the Equality Ideal,” pub- and corporate, banking and commercial Council of the Institute on Mineral Law, lished in the Louisiana Law Review matters. is an adjunct professor at LSU Paul M. (1986). He received a BS degree in 1971 Hebert Law Center and was recognized He is a 1981 graduate of the University from the University of Southwestern as a 2014 Distinguished Achievement of Louisiana at Lafayette, where he co- Louisiana and his JD degree in 1973 Honoree by the Law Center. He has founded the UL Law Club, and earned his from Louisiana State University Paul M. authored and/or contributed to several law degree in 1986 from Louisiana State Hebert Law Center. He also is admitted books and articles, including A Course University Paul M. Hebert Law Center. to practice in Texas. Book on Louisiana Mineral Rights in He is admitted to practice in Louisiana An experienced arbitrator and media- 2011, Louisiana Mineral Law Treatise and Texas. tor in oil and gas matters, he is affiliated in 2012 and Louisiana Mineral Leases: with The Patterson Resolution Group A Treatise in 2016.

114 August / September 2018 Joint Summer School & Annual Meeting Wrapup

Loren D. Shanklin, left, was presented with the Kristi Wagley Richard, left, was presented with Jonathan T. Jarrett, left, was presented with the YLD Outstanding Young Lawyer Award by 2017- the Bat P. Sullivan, Jr. Chair’s Award by 2017-18 YLD Pro Bono Award by 2017-18 YLD Chair 18 YLD Chair Bradley J. Tate during the General YLD Chair Bradley J. Tate during the General Bradley J. Tate during the General Assembly. Assembly. Photo by Matthew Hinton Photography. Assembly. Photo by Matthew Hinton Photography. Photo by Matthew Hinton Photography. 2018 YLD Awards Presented our Louisiana State Bar than 100 hours of pro bono services. She Hon. Michaelle Pitard Wynne Association (LSBA) members and is a volunteer and Legal Compliance Professionalism Award: the Baton Rouge Bar Association’s Committee member for the K.I.D.S. Stuart R. Breaux, Lafayette Young Lawyers Section received (Karing is Doing Something) Program. Stuart R. Breaux, an associate in F2018 LSBA Young Lawyers Division the Lafayette law firm Becker & Hebert, (YLD) awards, presented by 2017-18 YLD Bat P. Sullivan, Jr. Chair’s Award: L.L.C., and the assistant city-parish at- Chair Bradley J. Tate during a June 7 cer- Kristi Wagley Richard, torney for the Lafayette Consolidated emony at the LSBA’s Annual Meeting. Baton Rouge Government, focuses his practice on local, Kristi Wagley Richard is a mem- municipal and governmental law, plan- Outstanding Young Lawyer Award: ber in the Baton Rouge office of the law ning, zoning and land use law, commercial Loren D. Shanklin, Baton Rouge firm McGlinchey Stafford, P.L.L.C., and real estate and business transactions. He Loren D. Shanklin is a partner in the an adjunct instructor of business law and received a BA degree in political science Baton Rouge law firm Smith Shanklin sports law at Louisiana State University. in 2008 from the University of Louisiana- Sosa, L.L.C. She received a BS degree She received a BS degree in management, Lafayette and his JD degree in 2011 from in secondary education (concentration summa cum laude, in 2004 from LSU, a Tulane University Law School (certificate in history) in 2005 from Louisiana State master’s degree in business administra- in civil law, Order of Barristers, Moot Court University and her JD/GDCL degree in tion in 2009 from LSU, and her JD/BCL Board). He is the editor of the Lafayette 2010 from LSU Paul M. Hebert Law degree, magna cum laude, in 2009 from Bar Association’s (LBA) publication, The Center. She was admitted to practice in LSU Paul M. Hebert Law Center. She Promulgator. He is 2017-18 treasurer of Louisiana in 2010. She currently is serv- was admitted to practice in Louisiana the LBA’s Young Lawyers Section. He has ing as one of the District 5 representatives in 2009. She currently is serving as one been involved with the Lafayette Volunteer on the LSBA’s YLD Council. She served of the District 5 representatives on the Lawyers since 2012. He is a barrister in the as the 2017 chair of the Baton Rouge Bar LSBA’s YLD Council. She was a member American Inn of Court of Acadiana. He is Association’s Young Lawyers Section and of the Leadership LSBA 2012-13 Class current co-chair of the Leadership Institute helped create new events during her term and served as co-chair of the Wills for of Acadiana’s Intro Lafayette Program — Brews with Barristers, the 19th JDC Heroes Program in 2014-16. She served as and was a 2016 graduate of the Institute’s Civil Law Day CLE and the Southern chair of the Young Lawyers Professional Leadership Lafayette Class XXIX. University Law Center panel discus- Development Seminar in 2017 and as sion. She is a member of the Louisiana chair of the Awards Committee this year. Pro Bono Award: Association for Justice. In law school, She was a member of the 2015 class of the Jonathan T. Jarrett, Lafayette she received the LSU Law Center’s 2006 Baton Rouge Area Leadership Program. Jonathan T. Jarrett founded The Exceptional Volunteer Award and was She received the Dermot S. McGlinchey Jarrett Firm in 2014 in Lafayette. He recognized in 2010 for volunteering more Commitment to Pro Bono Award in 2016. practices in the areas of family law, estate

Louisiana Bar Journal Vol. 66, No. 2 115 The Baton Rouge Bar Association received the Service to the Public and Service to the Bar Awards presented by the 2017-18 YLD Chair Bradley J. Tate. Landon T. Hester, left, accepted the awards. Photo by Matthew Hinton Photography.

planning and successions, criminal defense, 2017-18 YLD Chair Bradley J. Tate addresses the General Assembly. Photo by Matthew Hinton Photography. personal injury and real estate. He received his JD degree in 2012 from Louisiana State (BRBA) Young Lawyers Section (YLS) University Paul M. Hebert Law Center. He Service to the Bar Award: partnered with the BRBA’s Volunteer participated in the Louisiana Center for Law Baton Rouge Bar Association’s Committee and the Children’s Hospital and Civic Education’s Judges and Lawyers Young Lawyers Section Outpatient Center in Baton Rouge for the 19th JDC Civil Law Day CLE in the Classroom Program and judged the inaugural Halloween Trunk or Treat event The Baton Rouge Bar Association’s LSBA’s Regional High School Mock Trial for patients and their families in October Young Lawyers Section hosted its first 19th Competition. He created a mock trial pro- 2017. As this event was an unbudgeted JDC Civil Law Day CLE at the 19th Judicial gram at Carencro High School and con- project for the BRBA YLS, the YLS and District courthouse in September 2017. At tinues to serve as team coach. He is vice the other groups gathered donations of the event, 35 young lawyers from Baton president of the Lafayette Bar Association’s candy and prizes and secured the use of Rouge and surrounding areas gathered (LBA) Family Law Section, the recipient of personal vehicles. On the day of the event, for a half-day of learning and networking the Lafayette Bar Foundation’s Outstanding the parking lot of the Children’s Hospital with colleagues and 19th JDC judges and Attorney Award in 2015, 2016 and 2017, Outpatient Center featured 15 Halloween- received 2 hours of CLE credit. The pro- and a volunteer for the LBA’s Counsel on themed vehicles loaded with candy, prizes gram began with “CLE with Law Clerks: Call Program. His pro bono service consists and games. More than 100 community The Day-to-Day Operations in the 19th largely of litigating protective orders for members and patients participated, going JDC.” Judge Janice Clark led a tour of the abused women. In 2017, he spent more than car to car for treats. The event also featured courthouse and explained the history and in- 100 hours on protective order cases, receiv- a hayride, face painting and a cake walk. ner workings. Judge R. Michael Caldwell, ing many of the cases through the Lafayette The project was successful because of its Judge Todd W. Hernandez and Chief Judge Volunteer Lawyers Program. ability to bring together diverse groups to William A. Morvant presented a panel dis- Service to the Public Award: serve the community. The event allowed cussion, “Rule Day Do’s and Don’ts.” The Baton Rouge Bar Association’s the young lawyers to interact and mentor program was successful as it provided an Young Lawyers Section children in a fun way outside the typical opportunity for young lawyers to interact Trunk or Treat Project classroom setting. with judges and their staff members in an in-

The Baton Rouge Bar Association’s formal setting and to learn about the practice of law in the judges’ individual courtrooms.

116 August / September 2018 Joint Summer School & Annual Meeting Wrapup

The Young Lawyers Division Council was sworn in by Louisiana Supreme Court Chief Justice Bernette Joshua Johnson during the Installation Luncheon. Photo by Matthew Hinton Photography. YLD 2018-19 Officers, Council Installed he Louisiana State Bar in Gretna. Russell A. Woodard, Jr., L.L.C., in Ruston. Association Young Lawyers District 3: Megan E. Réaux, an associ- District 8: Joshua K. Williams, an as- Division’s (LSBA YLD) 2018- ate in the law firm Hill & Beyer, A.P.L.C., sistant district attorney for Caddo Parish in 19 officers and council members in Lafayette. Shreveport. Twere installed June 7, in conjunction with District 4: Adam P. Johnson, a partner At-Large Representative: Travis the LSBA’s Annual Meeting in Destin, Fla. in The Johnson Firm in Lake Charles. J. Broussard, a partner in the law firm Dylan T. Thriffiley, assistant vice District 5: Loren D. Shanklin, a part- Durio, McGoffin, Stagg & Ackermann in president of compliance and regulatory ner in the law firm Smith Shanklin Sosa, Lafayette. affairs for Ochsner Health System in New L.L.C., in Baton Rouge; and Kristi W. American Bar Association Young Orleans, was installed as 2018-19 YLD Richard, a member in the Baton Rouge of- Lawyers Division Representative: chair by Louisiana Supreme Court Chief fice of the law firm McGlinchey Stafford, Danielle L. Borel, an associate in the Baton Justice Bernette Joshua Johnson. P.L.L.C. Rouge office of the law firm Breazeale, Also sworn in as officers were Chair- District 6: Jessica Perez Reynolds, an Sachse & Wilson, L.L.P. Elect Scott L. Sternberg, a partner in the associate in the Plaquemine office of the Young Lawyer Member/American Bar New Orleans law firm Sternberg, Naccari law firm Pendley, Baudin & Coffin, L.L.P. Association House of Delegates: Graham & White, L.L.C. (he will assume the chair’s District 7: Russell A. Woodard, Jr., H. Ryan, an associate in the New Orleans of- position in 2019-20); Secretary Carrie L. a solo practitioner in the Law Offices of fice of the law firm Jones Walker LLP. Jones, a partner in the Baton Rouge law firm Shows, Cali & Walsh, L.L.P.; and Immediate Past Chair Bradley J. Tate, tax manager for Carr, Riggs & Ingram, L.L.C., in Metairie. Justice Johnson also installed members of the 2018-19 YLD Council. District 1: James E. Courtenay, an at- torney with The King Firm, L.L.C., in New Orleans; and Randy J. (RJ) Marse, Jr., an associate in the New Orleans office of the law firm Liskow & Lewis, A.P.L.C. District 2: Jeffrey D. Hufft, sole member of the law firm Jeffrey D. Hufft, Attorney at Law, L.L.C., in New Orleans; and Shayna B. Morvant, managing partner Young Lawyers Division officers Scott L. Sternberg, Bradley J. Tate and Dylan T. Thriffiley sworn in by Louisiana Supreme Court Chief Justice Bernette Joshua Johnson during the Installation Luncheon. Photo of the law firm Beevers & Beevers, L.L.P., by Matthew Hinton Photography.

Louisiana Bar Journal Vol. 66, No. 2 117 LSBA Annual Meeting All photos by Matthew Hinton Photography.

Judge Roland L. Belsome, LCLCE president, S. Guy deLaup, Richard K. Leefe and Dona Kay Renegar, all former LSBA presidents, attend the addresses the General Assembly. Annual Meeting Opening Reception.

Bradley J. Tate and Dona Kay Renegar during YLD Chair Dylan T. Thriffiley and Hon. Guy Robert A. Kutcher attends the LCLCE Reception the Board of Governors luncheon. Holdridge immediately before the YLD meeting. and Installation before the Beach Bash.

Patrick S. Ottinger, Judy Perry Martinez and Julia Heintz during the LASC Reception and LSBA Installation. Chief Justice Bernette Joshua Johnson addresses the General Assembly during Annual Meeting.

118 August / September 2018 Joint Summer School & Annual Meeting Wrapup

Barry H. Grodsky shares a light moment with his daughter, Caroline Associate Justice John L. Weimer III and Hon. William J. Knight chat Grodsky, during the Installation luncheon. during the Louisiana Supreme Court reception.

Dona Kay Renegar addresses the General Bradley J. Tate and Dylan T. Thriffiley during Julia Heintz, Barry H. Grodsky and Judy Perry Assembly during the Annual Meeting. the General Assembly. Martinez, all law school friends, during the Back to the Bay Reception.

From left, Richard K. Leefe, Barry H. Grodsky, Dona Kay Renegar, Robert A. Kutcher, Joseph L. Dylan T. Thriffiley addresses the General (Larry) Shea, Jr. and Darrel J. Papillion at the LCLCE Reception immediately preceding the Beach Assembly during Annual Meeting. Bash event during Annual Meeting.

Louisiana Bar Journal Vol. 66, No. 2 119 2019 Expert Witness, Consultant and Legal Services Directory The Louisiana State Bar Association is publishing its Expert Witness, Consultant and Legal Services Directory. The supplement to the Louisiana Bar Journal will be printed separately and shrink-wrapped for mailing with the December 2018/January 2019 Louisiana Bar Journal. The directory is published annually, guaranteeing a year’s worth of exposure in print and on the LSBA Web site.

► Reach 22,000+ practicing attorneys ► Listings indexed THREE ways: alphabetical, geographical FREEFREE and by category text listing in December Louisiana Bar Journal ► View last year’s publication at Service www.lsba.org/expertwitness ! Directory Act Now Technical Details ► Publication size: 8 ½ inches wide x 10 7/8 inches tall ½-page display ad...... 3.5 inches wide x 9.5 inches tall Early-Bird ½-page CV ad...... 300 words max, not including contact info color special! Full-page display ad. . . . . 7.25 inches wide x 9.5 inches tall (no bleeds!) Full-page CV ad...... 600 words max, not including contact info Book ad ► Display ads must be provided camera-ready in PDF format. by 9/7/18 & add ► For text/CV ads, supply text in an editable word-processing format. color for an extra ► For CV ads, submit original or digital headshot photos separately from the text, $75/Full page in .jpg or .tif format (high-resolution digital photos of at least 300 dpi work best). or $25/Half page ► E-mail or mail ads on a disk to the addresses provided below. Contact ► DON’T FORGET TO PROVIDE YOUR 5 INDEXING CATEGORIES. Krystal for details! Contact Info, Deadlines & Pricing To reserve space in the directory, mail and/or e-mail your display ad or text listing/photo and check (payable to the Louisiana State Bar Association) to: Communications Assistant Krystal Bellanger Rodriguez Louisiana State Bar Association 601 St. Charles Ave. New Orleans, LA 70130-3404 e-mail: [email protected] If you prefer to charge your listing (Visa, Mastercard or Discover only), please contact Krystal at (504)619-0131 or (800)421-5722, ext. 131. Early Bird Deadline .Final Deadline Sept. 7, 2018 . Oct. 18, 2018 ½-page, black & white...... $425...... $500 ½-page, color...... $450...... $760 Full-page, black & white...... $750...... $900 Full-page, color...... $825...... $1135

For more information, visit www.lsba.org/expertwitness Note to Lawyer/Law Firm Advertisers: Per Rule 7.7 of the Louisiana Rules of Professional Conduct, all lawyer advertisements — unless specifically exempt under Rule 7.8 — are required to be filed for a compliance review by the Louisiana State Bar Association’s Ethics Counsel prior to first publication. This process could take up to 30 days, so advertisers should consider that time window in relation to the publication’s ad placement deadline. For more information on compliance with the Rules, contact LSBA Ethics Counsel and/or go online: www.lsba.org/LawyerAdvertising. Communications Department staff cannot discuss Rules compliance issues. 120 August / September 2018 Association ACTIONS AWARDS... ELECTIONS... SPECIALIZATION

LSBA, Supreme Court Recognize Legal Professionals for Pro Bono Achievements The Louisiana State Bar Association (LSBA), in conjunction with the Louisiana Supreme Court, recognized the pro bono accomplishments of attorneys, public interest professionals and law stu- dents during the Pro Bono Publico and Children’s Law Awards Ceremony on May 22 at the Louisiana Supreme Court Building in New Orleans. (Access full profiles and more photos of award recipi- ents online at: www.lsba.org/ProBono/ ProBonoAwards.aspx.)

2018 David A. Hamilton Lifetime Achievement Award Catharine Ohlsson Gracia, assistant general counsel in the Legal Department of Entergy Services, Inc., received the Catharine Ohlsson Gracia, third from left, received the 2018 David A. Hamilton Lifetime Lifetime Achievement Award, recogniz- Achievement Award. From left, Louisiana Supreme Court Justice James T. Genovese, Justice Scott ing an attorney who demonstrates a com- J. Crichton, Gracia, Justice Marcus R. Clark, Justice John L. Weimer and 2017-18 Louisiana State Bar Association President Dona Kay Renegar. Photo by Matthew Hinton Photography. mitment to the provision of legal services to the poor and has made significant con- laude graduate of Tulane University Law tributions to enhance the pro bono move- School and began working with SLLS ment in Louisiana. Gracia serves on the the same year. After Hurricanes Katrina Legal Department’s committee manag- and Rita in 2005, he helped to recruit, ing employee involvement in pro bono train and supervise pro bono attorneys legal service. She serves as a liaison to in a project assisting low-income home- local pro bono organizations, assists em- owners to clear title to their properties ployees in identifying volunteer opportu- and become eligible for federal rebuild- nities, coordinates training and facilitates ing funds. service projects. She is a frequent volun- teer with the Orleans Parish Civil District 2018 Children’s Law Award Court’s Self-Help Resource Center. The Louisiana Parole Project and Cherrilynne W. Thomas received the 2018 Career Public Interest Award Children’s Law Award recognizing at- R. Paul Tuttle, director of the Low- torneys or Louisiana-based organizations Income Taxpayer Clinic at Southeast providing outstanding services in chil- Louisiana Legal Services (SLLS), re- dren’s law. Cherrilynne W. Thomas, center, was one of two ceived the Career Public Interest Award, The Louisiana Parole Project (LPP) recipients of the 2018 Children’s Law Award. is a nonprofit organization responding From left, Louisiana Supreme Court Justice recognizing attorneys and non-attorneys John L. Weimer, Thomas and 2017-18 Louisiana devoting at least 10 years to public in- to the needs of individuals sentenced to State Bar Association President Dona Kay terest legal work. Tuttle is a 1996 cum life without parole for crimes committed Renegar. Photo by Matthew Hinton Photography.

Louisiana Bar Journal Vol. 66, No. 2 121 when they were children. These “juve- nile lifers” were made eligible for parole consideration following the Montgomery v. Louisiana decision and Act 277 of the 2017 Louisiana Legislature. LPP provides legal representation before the Committee on Parole and step-down ser- vices including intensive re-entry train- ing, transitional housing, employment, medical coverage, driver’s education/ licensing, and family reunification. LPP provides continued re-entry coaching. LPP staff members are all formerly in- R. Paul Tuttle, third from left, received the 2018 Career Public Interest Award. From left, Louisiana carcerated individuals. Supreme Court Justice James T. Genovese, Justice Scott J. Crichton, Tuttle, Justice Marcus R. Clark, Justice John L. Weimer and 2017-18 Louisiana State Bar Association President Dona Kay Cherrilynne W. Thomas, an assis- Renegar. Photo by Matthew Hinton Photography. tant district attorney for Orleans Parish Juvenile Court, has handled criminal and Child in Need of Care cases for the past 10 years. She was a staff attorney for the State of Louisiana, Department of Social Services, Bureau of General Counsel for more than six years representing foster care workers. In 2016, she received her certification from the National Counsel for Children as a child welfare special- ist. As co-chair of the LSBA’s Children’s The Louisiana Parole Project was one of two recipients of the 2018 Children’s Law Award. From left, Keith Law Committee from 2010-16, she par- Nordyke, Kerry Myers, Andrew Hundley, Louisiana Supreme Court Justice John L. Weimer and 2017- ticipated in the development and produc- 18 Louisiana State Bar Association President Dona Kay Renegar. Photo by Matthew Hinton Photography. tion of two videos informing children and the community about the Child in Need of Care process.

2018 LA.FreeLegalAnswers Award Peter S. Thriffiley, the principal of Peter S. Thriffiley, A.P.L.C., received the first LA.FreeLegalAnswers Award for pro bono work provided through the website. Louisiana is one of 38 partici- pating jurisdictions in the ABA initiative Peter S. Thriffiley, second from left, received the first LA.FreeLegalAnswers Award. From left, Cheryl Zalenski, director of the ABA’s Center for Pro Bono; Thriffiley; Louisiana Supreme Court Justice to expand pro bono access nationwide. Scott J. Crichton; 2017-18 Louisiana State Bar Association President Dona Kay Renegar; and Rachael The site allows attorneys to anonymous- M. Mills, LSBA Access to Justice Department projects counsel. Photo by Matthew Hinton Photography. ly answer the civil legal questions sub- mitted by site users while being covered Charles D. Elliot — Alexandria 2018 Friend of Pro Bono Award by malpractice insurance provided by Marquest J. Meeks — New Orleans Jason A. Matt — Lafayette the ABA. Thriffiley practices in creditor Eric R. Miller — Baton Rouge representation and collections. He began Jackey W. South — Lake Charles 2018 Century Club Award giving pro bono advice on the website af- James A. Watson — Lake Charles The Access to Justice Committee rec- ter downsizing his practice. David L. White — Zachary ognized pro bono volunteers who con- Sean E. Williams — Covington tributed 100 or more hours of pro bono 2018 Pro Bono Publico Award legal services during the 2017 calendar King & Jurgens, L.L.C. — New Orleans 2018 Law Student Pro Bono Award year — Kyle M. Brennan, New Orleans; Nancy S. Bousfield — Slidell Ahmed Soussi — LSU Tinashe E. Chimwaza, Alexandria; James W. Scott Brown — New Orleans Mary Kate Richardson — Loyola Craig Diamond, Covington; and Adrejia Hallie P. Coreil — Lafayette Fatima Mann — Southern L. Boutte Swafford, New Orleans. Morgan A. Druhan — Lafayette Kirby Kenny — Tulane

122 August / September 2018 Elections: Several Leadership Positions Open in 2018-19 Election Cycle Several Louisiana State Bar Association ending at the commencement of the 2021 Concordia, DeSoto, East Carroll, Franklin, (LSBA) and American Bar Association LSBA Annual Meeting) — one delegate Jackson, Lincoln, Madison, Morehouse, leadership positions are open in the 2018- from each of the Twentieth through Forty- Ouachita, Red River, Richland, Tensas, 19 election cycle. Second Judicial Districts, plus one addi- Union, Webster, West Carroll and Winn, Balloting will be conducted electroni- tional delegate for every additional district one member. cally only, as approved by the LSBA Board judge in each district. Young Lawyers Division. Chair-elect of Governors. No paper ballots will be pro- Nominating Committee (15 members, (2019-20 term), nominee shall not be a vided. one-year terms beginning at the adjourn- resident of or actively practicing law in the On Monday, Sept. 24, notice of the ac- ment of the 2019 LSBA Annual Meeting parishes of Orleans, Jefferson, St. Bernard tion of the Nominating Committee and and ending at the adjournment of the 2020 or Plaquemines, based on preferred mailing self-qualification forms for positions on LSBA Annual Meeting) — District 1A, address. Secretary (2019-20 term), nomi- the Board of Governors, LSBA House of Orleans Parish, four members; District 1B, nee shall be a resident of or actively practic- Delegates, Nominating Committee, Young parishes of Plaquemines, St. Bernard and St. ing law in the parishes of Orleans, Jefferson, Lawyers Division and American Bar Tammany, one member; District 2A, East St. Bernard or Plaquemines, based on pre- Association House of Delegates will be Baton Rouge Parish, two members; District ferred mailing address. Petitions for nomi- provided to the membership. 2B, Jefferson Parish, two members; District nation must be signed by 15 members of Deadline for return of nominations by 2C, parishes of Ascension, Assumption, the Young Lawyers Division. Also to be petition and qualification forms is Monday, East Feliciana, Iberville, Lafourche, elected, one representative each from the Oct. 22. First election ballots will be avail- Livingston, Pointe Coupee, St. Charles, First, Second, Fourth, Fifth, Sixth and able to members on Monday, Nov. 19. St. Helena, St. James, St. John the Baptist, Eighth districts (two-year terms). Deadline for electronically casting votes is Tangipahoa, Terrebonne, Washington, American Bar Association House Monday, Dec. 17. West Baton Rouge and West Feliciana, one of Delegates (must be members of the Positions to be filled in the 2018-19 member; District 3A, Lafayette Parish, one American Bar Association) — one delegate elections are: member; District 3B, parishes of Acadia, from the membership at large. The delegate Board of Governors (three-year terms Beauregard, Calcasieu, Cameron, Iberia, will serve a two-year term, beginning with beginning at the adjournment of the 2019 Jefferson Davis, St. Martin, St. Mary and the adjournment of the 2019 ABA Annual LSBA Annual Meeting and ending at the Vermilion, one member; District 3C, parish- Meeting and expiring at the adjournment adjournment of the 2022 LSBA Annual es of Allen, Avoyelles, Evangeline, Grant, of the 2021 ABA Annual Meeting, as Meeting) — one member each from the LaSalle, Natchitoches, Rapides, Sabine, St. provided in Paragraph 6.4(e) of the ABA First, Fourth and Fifth Board Districts. Landry and Vernon, one member; District Constitution. LSBA House of Delegates (two-year 3D, parishes of Bossier and Caddo, one For more information on the election terms beginning at the commencement member; and District 3E, parishes of procedures and the schedule, go to: www. of the 2019 LSBA Annual Meeting and Bienville, Caldwell, Catahoula, Claiborne, lsba.org/goto/elections. Attorney Applies for Bankruptcy Law Certification Applications Accepted Certification as Legal Through Sept. 30 Specialist The Louisiana Board of Legal istered. CLE is regulated by the American Specialization (LBLS) is accepting applica- Board of Certification, which is also the test- Pursuant to the Rules and Regulations tions for business bankruptcy law and con- ing agency. of the Louisiana Board of Legal sumer bankruptcy law certification through With regard to applications for busi- Specialization, notice is hereby given that Sept. 30, 2018. ness bankruptcy law and consumer bank- the following attorney has applied for cer- In accordance with the Plan of Legal ruptcy law certification, although the -writ tification as a legal specialist. Any person Specialization, a Louisiana State Bar ten test(s) is administered by the American wishing to comment upon the qualifica- Association (LSBA) member in good stand- Board of Certification, attorneys should ap- tions of any applicant should submit his/ ing who has been engaged in the practice ply for approval of the LBLS certification her comments to the Louisiana Board of of law on a full-time basis for a minimum simultaneously with the testing agency in Legal Specialization, 601 St. Charles Ave., of five years may apply for certification. order to avoid delay of board certification New Orleans, LA 70130, c/o Mary Ann Further requirements are that each year a by the LBLS. Information concerning the Wegmann, Specialization Director, no minimum percentage of the attorney’s prac- American Board of Certification will be pro- later than Aug. 31, 2018. tice must be devoted to the area of certifica- vided with the application form(s). It is also requested that any knowledge tion sought and a written examination must To receive an application, email of sanctions or other professional action be passed to demonstrate sufficient knowl- Specialization Director Mary Ann Wegmann, against an applicant be reported during this edge, skills and proficiency in the area for Louisiana Board of Legal Specialization, at comment period. which certification is sought. [email protected]. Applicants must meet a minimum CLE For more information about specializa- Consumer Bankruptcy requirement for the year in which applica- tion, go to the LBLS website at: www.lsba. Rachel Thyre Anderson...... Covington tion is made and the examination is admin- org/specialization.

Louisiana Bar Journal Vol. 66, No. 2 123 PRACTICEManagement By Ashley M. Flick ARBITRATION CLAUSES IN ENGAGEMENT LETTERS

re arbitration clauses in en- clause, the attorney must, at a minimum, to the program requirements and guidelines gagement letters enforce- disclose the following legal effects of before the case will be heard. Since the able? Yes, but only if certain binding arbitration, assuming they are LSBA’s Lawyer Fee Dispute program only requirements are met. The applicable: hears cases involving fee disputes, you also LouisianaA Supreme Court held in Hodges ► Waiver of the right to a jury trial; may want to contain a clause for resolving v. Reasonover, 12-0043 (La. 7/2/12), 103 ► Waiver of the right to an appeal; all other disputes with another arbitration So.3d 1069, that “arbitration clauses in at- ► Waiver of the right to broad discovery company in your engagement letter as well. torney-client agreements may be enforce- under the Louisiana Code of Civil Procedure Access information about the LSBA’s able, provided the contract does not limit and/or Federal Rules of Civil Procedure; Lawyer Fee Dispute Resolution Program the attorney’s substantive liability, is fair ► Arbitration may involve substantial online: www.lsba.org/Public/FeeDisput- and reasonable to the client, and does not upfront costs compared to litigation; eResolution.aspx. impose any undue procedural barrier to a ► Explicit disclosure of the nature of client seeking relief.” The court also not- claims covered by the arbitration clause, Ashley M. Flick is profes- ed, “The attorneys’ fiduciary obligation to such as fee disputes or malpractice claims; sional liability loss preven- tion counsel for the Louisi- the client encompasses ethical duties of ► The arbitration clause does not ana State Bar Association loyalty and candor, which in turn require impinge upon the client’s right to make a and is employed by Gilsbar, attorneys to fully disclose the scope and disciplinary complaint to the appropriate L.L.C. in Covington. She the terms of the arbitration clause. An at- authorities; received her BA degree in political science in 2005 torney must clearly explain the precise ► The client has the opportunity to speak from Southeastern Louisi- types of disputes the arbitration clause is with independent counsel before signing ana University and her JD meant to cover and must set forth, in plain the contract. Id. degree in 2010 from Loyola language, those legal rights the parties will Keep in mind, if you wish to utilize the University College of Law. As loss prevention counsel, she lectures on ethics give up by agreeing to arbitration.” Id. Louisiana State Bar Association’s (LSBA) as part of Mandatory Continuing Legal Education The court reasoned that since clients Lawyer Fee Dispute Resolution Program requirements for attorneys licensed to practice law in may not understand the arbitration process as an avenue to resolve a fee dispute, you Louisiana. Email her at [email protected]. and the full implications of an arbitration must make sure that your dispute is subject

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• CLE Credit: 6 max hours, Advance Registration . . $320 including ethics • Written Cancellation Deadline: Aug. 24 After Aug. 24 & • e-Course Materials On-Site Registration . . $345 Friday, August 31, 2018 *Fee includes e-course • No Internet Access Sheraton New Orleans Hotel • 500 Canal St., New Orleans, LA materials, seminar attendance & coffee/ • See LSBA.org Website for Full Details refreshment breaks. For more information or to register online, visit www.lsba.org/cle

124 August / September 2018 LAWYERSAssistance By J.E. (Buddy) Stockwell SELF-CARE AND TOXIC CLIENTS

he Judges and Lawyers court will let you withdraw from a case the bottom line is always trust your gut. Assistance Program, Inc. for any number of reasons. At that point, If payroll and rent are looming, it’s hard (JLAP) promotes wellness you’re saddled with a toxic client for the to resist a potential fee. But, if after a and mindfulness tools that are duration of the case and that’s a catego- long consultation your gut is screaming Teffective in helping lawyers manage the ry of misery that wears on the mental “NO!” and your bank account is de- day-to-day stress and pressure of prac- health of the lawyer and his/her staff. manding “yes,” you might deeply regret ticing law. Of course, the inherent ten- Against that backdrop, it is clearly not following your gut. Toxic clients sion of any given law practice varies. important to identify toxic clients up- ultimately make you wish that you had For example, it’s likely that domestic front and avoid them whenever possible. paid them a full retainer fee to find an- litigation and criminal defense attorneys An excellent and comprehensive article other lawyer. encounter a higher ratio of extremely on “Toxic Client Syndrome,” written by At JLAP, we often see lawyers who distraught clients. California lawyers Jerome Fishkin and are burned out or worse; they may have While it’s important to take care of Lindsay Slatter, discusses all aspects of become toxic lawyers in response to an yourself and manage stress, it’s equally toxic clients, including a valuable sec- ongoing, unhealthy level of exposure to important to be deliberate in deciding tion on how to better identify them in toxic clients. If you don’t remember to who you will represent in the first place. the pre-retainer stage.2 always include your own mental health An ounce of prevention by totally avoid- According to the authors, these cli- and welfare in the lawyer-client equa- ing toxic clients may prevent a landslide ent traits during the consultation spell tion, it can be hazardous to your health. of misery in the future. trouble — overbearing or dictatorial; If you are under pressure and being A two-part article by Mike O’Horo certain the case is a “slam dunk;” grum- impacted by too many toxic clients, call on the subject is worth a glance to re- ble about your hourly rate and retainer; JLAP for effective tools and advice on member it’s perfectly fine and necessary or their case is solely about principles, self-care, setting boundaries, and steps to end a client relationship when it is not money. to take to reduce the stress and anxi- chronically impacting the firm’s mental Prior to my tenure at JLAP, I learned ety of your practice. Your call is abso- health.1 many toxic client lessons the hard way lutely confidential and privileged. Call In part 1, O’Horo identifies common in my solo domestic litigation practice. (985)778-0571, email jlap@louisiana- attitudes among toxic clients, including Over time, I developed these self-disci- jlap.com, or visit the website at www. demanding inordinate amounts of your plined consultation guidelines to greatly louisianajlap.com. time; wanting everything for nothing; reduce the toxic client load — demand a slow to pay fees; unwilling to follow full retainer up-front (and stick to your FOOTNOTES your advice; ignores your requests for guns); define and align all expectations information; or are disrespectful to you on both sides of the relationship up-front 1. See these online articles: https://www.at- (or your staff). including worst-case-scenario legal out- torneyatwork.com/purge-toxic-clients-practice- In part 2, he sets out how to fire a cli- comes; set expectations on billing, re- part-1/ and https://www.attorneyatwork.com/ purge-toxic-clients-practice-part-2/. ent — prepare the file and follow all the turning phone calls and mutual coopera- 2. http://cclawyer.cccba.org/2011/04/toxic- procedural rules; notify the client and tion; and make it clear that many other client-syndrome/. cite the objective reasons; hear the cli- clients are being represented and no ent out if they want to discuss it; provide single client can monopolize the firm’s J.E. (Buddy) Stockwell several references for new representa- attention or receive instant responses is the executive director of the Louisiana Judges tion; keep it short and wrap it up; be 24/7. I also learned that a thorough, free and Lawyers Assistance calm no matter what the client’s reaction initial consultation was the best way to Program, Inc. (JLAP) is; and complete all the details necessary go because, if after the consultation I and can be reached at to comply with all rules that are appli- felt the potential client was not a good (866)354-9334 or email [email protected]. cable to terminating representation. fit, the person was not out any money if Sounds unpalatable but manageable, I decided I was not the best lawyer for right? The truth is that, in some cases, the particular case. you’re stuck. There is no guarantee the No matter your style or practice area,

Louisiana Bar Journal Vol. 66, No. 2 125 FOCUSDiversity ON SPECIALTY BARS SUBCOMMITTEE EVENTS

“Natchitoches Lights” CLE Features Discussions, Scholarship Award he Louisiana State Bar Association (LSBA) Diversity Committee’s Specialty Bars Subcommittee presented the “NatchitochesT Lights” CLE in December 2017 in Natchitoches. The event featured discussions on discipline, trust account- ing, LGBT law, jury selection and bio- mechanics. Also, the Dreams Scholarship was presented.

“LGBT Law: 2017 Year in Review” was presented at the Natchitoches CLE by, from left, Brandon H. Robb, Delaney, Robb & Rubin, L.L.C., Metairie; and J. Dalton Courson, Stone Pigman Walther Wittmann, L.L.C., New Orleans.

“Equal Protection in Jury Selection: Batson, Miller- El and Beyond” was pre- Diversity Committee’s Specialty Bars “Defending Disciplinary Action” was presented at the sented at the Natchitoches Subcommittee Natchitoches CLE by, from left, Richard P. Lemmler, CLE by Associate Jr., ethics counsel, Louisiana State Bar Association, Justice Scott J. Crichton, who also presented “Lawyer Trust Accounting Louisiana Supreme Court, Basics;” Damon S. Manning, Schiff, Scheckman District 2. & White, L.L.P., Hammond; Susan R. Kalmbach, deputy disciplinary counsel, Louisiana Attorney Disciplinary Board, Baton Rouge; and William N. (Billy) King, professional programs practice assis- tance counsel, Louisiana State Bar Association.

The Louisiana State Bar Association (LSBA) Diversity Committee’s Specialty Bars Subcommittee met in January with 2017-18 LSBA President Dona Kay Renegar to discuss upcoming events and how the LSBA can continue to support Specialty Bar initiatives. Attending, from left, Chancellor John K. Pierre, Southern University Law Center; April D. Davenport, attorney and vice president of external communications, Louis “Biomechanics and A. Martinet Legal Society, Inc., Greater New Orleans Chapter; Demarcus Alexis Smith, second from left, received the Dreams Injury Mechanisms” K. Gordon, Kelly Hart & Pitre, chair, LSBA Minority Involvement Scholarship Award during the Natchitoches CLE. was presented at the Section; Ezra Pettis, Jr., Delphin Law Offices, president-elect, Louis A. From left, Lachaka Smith, Alexis Smith, Steven Natchitoches CLE by Martinet Legal Society, Inc., Lake Charles Chapter; Christine A. Corcos, Harris, Jr., Tawana Harris, Rev. Steven Harris, Sr. David J. Barczyk, D.C., Richard C. Cadwallader Associate Professor of Law, chair, Diversity and and Cloyd Benjamin Jr., with the Law Offices of Barczyk Biomechanics Professionalism Faculty Committee, LSU Paul M. Hebert Law Center; Cloyd Benjamin Jr., L.L.C. Institute, Lafayette. and 2017-18 LSBA President Dona Kay Renegar.

126 August / September 2018 Crossword PUZZLE By Hal Odom, Jr. HAIL TO THE CHIEF (JUSTICE)

1 2 3 4 5 6 7 8 ACROSS DOWN

9 1 Joe B. ___, chief for five months 1 Walter B. ___, chief for 3 months in 1970 (7) in 1972-’73 (6) 10 6 ___ Fournet, chief 2 Attribute of a successful from 1949-’70 (4, 1) legal argument (5) 11 9 Prevailed (3) 3 Strong string (5) 10 François-Xavier ___, chief 4 A billion years (3) 12 13 from 1815-’36 (6) 5 One who may assist and MD 11 Joe W. ___, chief in the ER (1, 1) from 1973-’78 (7) 6 Bernette J. ___, chief since 2013 (7) 14 15 16 17 12 ___ nick of time (2, 3) 7 Phrase to introduce things that 14 What “post-prandial” means (5, 6) are right at hand (4, 3) 18 19 20 Chocolate-flavored coffee (5) 8 Kind of burner in chemistry lab (6) 22 Frank ___, chief from 1979-’80 (7) 11 ___-on-the-Teche, antebellum 20 21 23 Kind of dancing associated home in New Iberia (7) with striptease (6) 13 Bowler or boater (3) 22 24 151, to Cicero (3) 15 Totally bewilder (7) 25 John A. ___, chief 16 Level in a hierarchy (7) 23 from 1980-’90 (5) 17 “New” prefix (3) 26 Catherine D. ___, chief 18 Rendered, as a judicial opinion (6) 24 from 2009-’13 (7) 19 ___ F. Calogero, Jr. chief from 1990-2008 (6) 25 26 20 Saying or adage (5) 21 Terra ___, a kind of fired clay (5) 23 Giant Manning (3) Answers on page 166. 24 Noted stand-up comedian Louis___ (1, 1) Alcohol and Drug Abuse Hotline Director J.E. (Buddy) Stockwell III, 1(866)354-9334 1405 W. Causeway Approach, Mandeville, LA 70471-3045 • email [email protected]

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Louisiana Bar Journal Vol. 66, No. 2 127 FOCUS ON INVESTIGATIONS & WHITE-COLLAR DEFENSE Professionalism By Katherine L. Hurst ROLE OF THE JUDICIARY

here is a lot of focus on attorney court personnel act civilly toward professionalism. We are encour- The way in which lawyers, parties, and witnesses. aged, rightly so, to adhere to We will bring to lawyers’ atten- our Code of Professionalism. judges manage their tion uncivil conduct which we ob- Results that speak for themselves. TBut what is the role of the judiciary in en- dockets, interact serve. Every favorable result is a testament to the dedication, experience, and rigor of the couraging or discouraging professionalism white-collar defense team. No matter how high profile the case or the how sensitive the issue, in the attorneys who practice before the with counsel and It is incumbent upon our judges and our clients are confident that their reputation is protected– and that their story will be told. courts? our attorneys to adhere to the Code of The District Court Rules, specifically preside over their Professionalism in Courts. The excuse of a Rule 6.3 of the Code of Professionalism “bad day” on either side is not acceptable. in the Courts, outlines a Code of courtrooms sets All parts of the equation must act in a pro- Professionalism for both judges and at- a standard of fessional and respectful manner. Our pro- Recent Wins at a Glance torneys and the preamble specifically ad- fession demands it and the public deserves dresses the interplay between the two. professionalism for such demeanor by our judges and lawyers. As attorneys, we don’t have the luxury Rule 6.3, Code of the attorneys who of having a bad day. Behaving badly in Professionalism in the Courts appear before them. court would never be tolerated. As profes- Attorneys and judges should con- sionals, we are expected to leave any per- form to the Code of Professionalism sonal issues on the courthouse steps. No (Supreme Court of Ohio Financial Public Environmental & adopted as Section 11 of Part G, less should be expected of the judiciary. Fraud Corruption Industrial Catastrophes General Administrative Rules, Commission on Professionalism) What is the role of judges when at- Supreme Court of Louisiana: torneys are acting unprofessionally, filing munications with lawyers, parties, frivolous pleadings and generally disre- The Code of Professionalism or witnesses. garding basic court rules? When there are August 2017 October 2017 November 2017 in the Courts We will be considerate of time no consequences for such behavior, it en- Preamble schedules of lawyers, parties, and courages further unprofessional behavior Result: Result: Result: witnesses in scheduling all hearings, The following standards are de- and the erosion of respect for our profes- meetings and conferences. signed to encourage us, the judges sion by the general public and between Not Guilty All Charges All Charges While endeavoring to resolve and lawyers, to meet our obliga- members of the bar. As we continue to disputes efficiently, we will be con- tions to each other, to litigants and encourage professionalism, I submit there on All Counts Dismissed Dismissed siderate of the time constraints and to the system of justice, and thereby needs to be more focus on the interplay pressures imposed on lawyers by Case: A Louisiana Case: Member Case: Leading national achieve the twin goals of profes- between the judiciary and the bar and our the exigencies of litigation practice. business owner of the Texas House of residential housing sionalism and civility, both of which mutual obligations of professionalism to We recognize that a lawyer has a accused of criminal Representatives accused of company accused of are hallmarks of a learned profes- one another. right and a duty to present a cause sion dedicated to public service. insider trading public corruption water pollution fully and properly, and that a litigant Katherine L. Hurst is a solo practitioner in has a right to a fair and impartial Lafayette whose primary practice areas are at- EACH CASE IS UNIQUE Provisions specifically address- torney disciplinary defense and complex domes- INDIVIDUAL RESULTS MAY VARY ing how judges are to treat attorneys hearing. Within the practical lim- tic litigation. She is a member of the Louisiana are as follows: its of time, we will allow lawyers State Bar Association’s (LSBA) Committee on the to present proper arguments and to Profession and the LSBA’s Practice Assistance Judges’ Duties to the Court make a complete and accurate re- and Improvement Committee. She served on the The Deepest White-Collar Bench in Texas We will be courteous, respect- Subcommittee to Revise the Code of Professionalism cord. that was recently adopted by the LSBA House of ful, and civil to lawyers, parties, and We will not impugn the integrity Delegates and approved by the Louisiana Supreme witnesses. or professionalism of any lawyer Court. She received her JD degree in 1991 from We will not employ hostile, de- on the basis of clients whom or the Louisiana State University Paul M. Hebert Law DANE BALL DAVID ISAAK SHAUN CLARKE KARIMA MALONEY ANTHONY PHILLIPS meaning, or humiliating words in Center. ([email protected]; Ste. 555, 600 PARTNER PARTNER PRACTICE CHAIR PARTNER PARTNER causes which a lawyer represents. Jefferson St., Lafayette, LA 70501) opinions or in written or oral com- We will do our best to ensure that [email protected] [email protected] PARTNER [email protected] [email protected] [email protected]

SKV 700 LOUISIANA ST #2300, HOUSTON, TX 77002 713.221.2300 WWW.SKV.COM 128 August / September 2018 INVESTIGATIONS & WHITE-COLLAR DEFENSE

Results that speak for themselves. Every favorable result is a testament to the dedication, experience, and rigor of the white-collar defense team. No matter how high profile the case or the how sensitive the issue, our clients are confident that their reputation is protected– and that their story will be told.

Recent Wins at a Glance

Financial Public Environmental & Fraud Corruption Industrial Catastrophes

August 2017 October 2017 November 2017 Result: Result: Result: Not Guilty All Charges All Charges on All Counts Dismissed Dismissed

Case: A Louisiana Case: Member Case: Leading national business owner of the Texas House of residential housing accused of criminal Representatives accused of company accused of insider trading public corruption water pollution

EACH CASE IS UNIQUE INDIVIDUAL RESULTS MAY VARY

The Deepest White-Collar Bench in Texas

DANE BALL DAVID ISAAK SHAUN CLARKE KARIMA MALONEY ANTHONY PHILLIPS PARTNER PARTNER PRACTICE CHAIR PARTNER PARTNER [email protected] [email protected] PARTNER [email protected] [email protected] [email protected]

SKV 700 LOUISIANA ST #2300, HOUSTON, TX 77002 713.221.2300 WWW.SKV.COM Louisiana Bar Journal Vol. 66, No. 2 129 DISCIPLINE Reports REPORTING DATES 6/1/18 & 6/4/18

REPORT BY DISCIPLINARY COUNSEL Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date June 4, 2018.

Decisions Louisiana by order of the Louisiana and violated the Rules of Professional Supreme Court on Feb. 9, 2018. Conduct. David G. Arceneaux, Thibodaux, JUDGMENT FINAL and EFFECTIVE Debra L. Cassibry, Metairie, (2017- (2018-OB-0696) Reinstated to ac- on Feb. 9, 2018. B-2045) Disbarred from the prac- tive status by order of the Louisiana Lionel Lon Burns, New Orleans, tice of law by order of the Louisiana Supreme Court on May 18, 2018. (2017-B-2153) Suspended from the Supreme Court on May 1, 2018. JUDGMENT FINAL and EFFECTIVE practice of law for a period of one year JUDGMENT FINAL and EFFECTIVE on May 18, 2018. and ordered to attend ethics school by on May 15, 2018. Gist: Commission of Erich Webb Bailey, Tennessee, order of the Louisiana Supreme Court criminal acts; and engaging in conduct (2017-B-2065) Transferred to dis- on May 1, 2018. JUDGMENT FINAL prejudicial to the administration of jus- ability/inactive status as imposed and EFFECTIVE on May 16, 2018. tice. by the Supreme Court of Tennessee Gist: Assisted and facilitated another and made reciprocal in the State of in the unauthorized practice of law; Continued next page

STANLEY, REUTER, ROSS, THORNTON & ALFORD LLC Legal & Judicial Ethics

William “Billy” M. Ross has over 15 years of experience defending lawyers and judges in disciplinary matters, advising lawyers on their ethical duties, and providing representation in legal fee disputes and breakups of law firms. He is committed to advancing the legal profession through his work for clients, involvement with the LSBA, and participation in presentations on ethics and professional responsibility. William M. Ross [email protected] 909 Poydras Street, Suite 2500 New Orleans, Louisiana 70112 (504) 523-1580 www.stanleyreuter.com

130 August / September 2018 Discipline continued from page 130 ability/inactive status by order of in the order by the Louisiana Supreme the Louisiana Supreme Court on April Court on May 25, 2018. JUDGMENT Kevin M. Dantzler, Alexandria, 6, 2018. JUDGMENT FINAL and FINAL and EFFECTIVE on May 25, (2018-B-0621) Interimly suspended EFFECTIVE on April 6, 2018. 2018. Gist: Riley has proven by clear by order of the Louisiana Supreme Anthony T. Marshall, Gonzales, and convincing evidence that he satis- Court on April 27, 2018. (2018-OB-0656) Transferred to dis- fies the criteria for readmission to the Patrick H. DeJean, Marrero, (2018- ability/inactive status by order of the practice of law in Louisiana. B-0684) Interimly suspended by order Louisiana Supreme Court on May 11, Ronald J. Sholes, New Orleans, of the Louisiana Supreme Court on May 2018. (2018-B-0361) Public reprimand by 11, 2018. JUDGMENT FINAL and David J. Motter, Metairie, (2016- order of the Louisiana Supreme Court EFFECTIVE on May 11, 2018. OB-2263) Reinstated to active sta- on April 2, 2018. JUDGMENT FINAL Hilliard C. Fazande III, New tus by order of the Louisiana Supreme and EFFECTIVE on April 2, 2018. Gist: Orleans, (2018-B-0683) Interimly Court on April 21, 2018. JUDGMENT Failure to make reasonable efforts to en- suspended by order of the Louisiana FINAL and EFFECTIVE on April 27, sure that non-lawyer personnel conduct Supreme Court on May 11, 2018. 2018. is compatible with the professional obli- Louise A. Klaila, New Orleans, Roy Joseph Richard, Jr., Sunset, gations of the lawyer. (2018-B-0093) Suspended for one year (2018-B-0803) Interimly suspended Stuart H. Smith, New Orleans, and one day by order of the Louisiana by order of the Louisiana Supreme (2018-B-0506) Suspended for a period Supreme Court on March 23, 2018. Court on May 25, 2018. JUDGMENT of three months, suspension deferred JUDGMENT FINAL and EFFECTIVE FINAL and EFFECTIVE on May 25, in its entirety, subject to a one-year on April 7, 2018. Gist: Failing to com- 2018. period of unsupervised probation gov- municate; failing to return unearned fees; Michael J. Riley, Sr., New Orleans, erned by the conditions set forth in the failing to cooperate; and acts of commin- (2018-OB-0237) Readmitted to the order of the Louisiana Supreme Court on gling and conversion of client funds. practice of law, subject to a two-year May 11, 2018. JUDGMENT FINAL and Howard L. Marcello, Thibodaux, period of unsupervised probation EFFECTIVE on May 11, 2018. (2018-OB-0475) Transferred to dis- governed by the conditions set forth Continued next page

Louisiana Bar Journal Vol. 66, No. 2 131 DISCIPLINARY REPORT: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA The following is a verbatim report of the matters acted upon by the United States District Court for the Eastern District of Louisiana, pursuant to its Disciplinary Rules. This information is published at the request of that court, which is solely responsible for the accuracy of its content. This report is as of June 1, 2018. Respondent Disposition Date Filed Docket No. Elaine Appleberry [Reciprocal] Suspension. 4/13/18 18-1753 James Casey Fos [Reciprocal] Suspension. 5/4/18 18-2898 Louella Givens [Reciprocal] Interim suspension. 4/13/18 17-13722 James A. Gray II [Reciprocal] Suspension. 4/13/18 18-1944 James Elwood Moore, Jr. [Reciprocal] Interim suspension. 4/13/18 18-1752 Gregory J. Noto [Reciprocal] Suspension (fully deferred). 5/4/18 18-2896 Joseph G. Pastorek II [Reciprocal] Disbarment. 5/4/18 18-2899 Eric O. Person [Reciprocal] Suspension (fully deferred). 5/4/18 18-2897

Discipline continued from page 131 by order of the Louisiana Supreme Court Jose W. Vega, Houston, TX, (2018- on March 23, 2018. JUDGMENT FINAL B-0262) Permanent disbarment or- Gregory Swafford, New Orleans, and EFFECTIVE on April 7, 2018. Gist: dered by the Louisiana Supreme Court (2017-B-2154) Suspended for six Respondent failed to complete the succes- on May 11, 2018. JUDGMENT FINAL months, with three months fully de- sion work for a client; failed to respond and EFFECTIVE on May 25, 2018. Gist: ferred; following the active portion of to his clients several requests for informa- Lack of diligence; failure to communi- suspension, respondent shall be placed tion; and failed to timely inform his client cate with a client; failure to cooperate on probation for a period of one year he would not complete the representation. with the ODC in its investigation; engag- ing in conduct prejudicial to the adminis- tration of justice; and violating the Rules Christovich & Kearney, llp of Professional Conduct. attorneys at law Admonitions (private sanctions, often with Defense of Ethics Complaints and Charges notice to complainants, etc.) issued since E. Phelps Gay Kevin R. Tully the last report of misconduct involving: H. Carter Marshall Violation of Rule 8.4(c) — Engage in Mary Beth Meyer conduct involving dishonesty, fraud, de- ceit or misrepresentation. (504)561-5700 Violation of Rule 8.4(d) — Engage in conduct that is prejudicial to the adminis- 601 Poydras Street, Suite 2300 tration of justice. New Orleans, LA 70130 LSBA Member Services The mission of the Louisiana State Bar Association (LSBA) is to assist and serve its members in the practice of law. The LSBA offers many worthwhile programs and services designed to complement your career, the legal profession and the community.

In the past several years, the legal profession has experienced many changes. The LSBA has kept up with those changes by maturing in structure and stature and becoming more diverse and competitive. For more information, visit www.lsba.org

132 August / September 2018 18TH ANNUAL LOUISIANA STATE BAR ASSOCIATION COMPLEX LITIGATION SYMPOSIUM

NOVEMBER 9, 2018 – NEW ORLEANS

Richard J. Arsenault, Seminar Chair Our speakers include the nation’s leading complex litigation academicians, jurists, and members of the bar from both sides of the “ V.” These are the folks that are presiding over, writing about, and litigating the most significant cases in the country. They are the who’s who of the complex litigation bench and bar.

This year’s speakers include:

Hon. Ken Starr • Hon. Eldon Fallon • Hon. Sarah Vance • Hon. W. Royal Furgeson • Hon. Patrick Hanna Hon. Mary Wiss • Hon. Glenn Norton • Hon. Lisa Page • Hon. Beth Hogan • Hon. James Stanton Mark Lanier• Hezekiah Sistrunk • Prof. James Wren • Prof. Lynn Baker • Prof. Tom Galligan Prof. Jaime Dodge • Prof. Francis McGovern • Prof. James Underwood • Prof. Arthur Miller Special Master Kenneth DeJean • Alexander Calfo • John Sherk • Shean Williams • Raymond Silverman Rachel Lanier • Shannon Pennock • James Williams• Douglas Marvin • Jane Lamberti • Eric Holland Tony Clayton • Jayne Conroy • Mark Robinson • Paul Pennock • Kathryn Snapka • Nicholas Drakulich Special Master Gary Russo • Lori Cohen • Stefani Preston • Aimee Wagstaff • Melanie Muhlstock Ethan Lange • Robert Drakulich • Ginger Susman • John Hooper • Beth Wilkinson • Neil Overholtz For more information and to register online, go to: www.lsba.org Louisiana Bar Journal Vol. 66, No. 2 133 Client ASSISTANCE Fund FUND PAYMENTS

CLIENT ASSISTANCE FUND PAYMENTS - FEBRUARY & MAY 2018 Attorney Amount Paid Gist Daniel G. Abel $4,000.00 #1872 — Unearned fee for an adoption while ineligible to practice law Anthony T. Marshall $1,000.00 #1832 — Unearned fee in a bankruptcy matter Anthony T. Marshall $2,400.00 #1835 — Unearned fee in a criminal matter Anthony T. Marshall $810.00 #1838 — Unearned fee in a bankruptcy matter Harold D. Register, Jr. $10,000.00 #1868 — Unearned fee in a criminal matter Harold D. Register, Jr. $6,000.00 #1600 — Conversion in a personal injury matter Michael B. Rennix $328.00 #1814 — Unearned fee in a bankruptcy matter Michael B. Rennix $914.73 #1829 — Unearned fee in a bankruptcy matter Murray N. Salinas $4,000.00 #1874 — Unearned fee in a criminal matter Christopher L. Sices $2,500.00 #1833 — Unearned fee in a domestic matter Christopher L. Sices $3,500.00 #1798 — Unearned fee in a succession matter Christopher L. Sices $2,754.37 #1826 — Conversion of client funds Richard C. Teissier $6,000.00 #1849 — Unearned fee in an immigration matter

LOUISIANA CLIENT ASSISTANCE FUND

Who can, or cannot, qualify for the Counsel or to obtain a complaint form, Q A Fund? write to: Disciplinary Counsel, 4000 What is the Louisiana Client Almost anyone who has lost money due to South Sherwood Forest Blvd., Suite 607, Assistance Fund? a lawyer’s dishonesty can apply for reim- Baton Rouge, LA 70816-4388. Client The Louisiana Client Assistance Fund bursement. You do not have to be a United Assistance Fund applications are avail- was created to compensate clients who States citizen. However, if you are the able by calling or writing: The Client lose money due to a lawyer’s dishon- spouse or other close relative of the lawyer Assistance Fund, 601 St. Charles Ave., est conduct. The Fund can reimburse in question, or the lawyer’s business part- New Orleans, LA 70130-3427, (504)566- clients up to $25,000 for thefts by a ner, employer or employee, or in a busi- 1600 or (800)421-5722. Applicants are lawyer. It covers money or property lost ness controlled by the lawyer, the Fund requested to complete an Application for because a lawyer was dishonest (not be- will not pay you reimbursement. Also, Relief and Financial Information Form. cause the lawyer acted incompetently or the Fund will not reimburse for losses suf- failed to take certain action). The fund fered by government entities or agencies. Who decides whether I qualify for re- does not pay interest nor does it pay for imbursement? any damages done as a result of losing How do I file a claim? The Client Assistance Fund Committee your money. Because the Client Assistance Fund decides whether you qualify for reim- Committee requires proof that the lawyer bursement from the Fund, and, if so, How do I qualify for the Fund? dishonestly took your money or property, whether part or all of your application will Clients must be able to show that the you should register a complaint against be paid. The committee is not obligated to money or property came into the law- the lawyer with the Office of Disciplinary pay any claim. Disbursements from the yer’s hands. Counsel. The Disciplinary Counsel’s of- Fund are at the sole discretion of the com- fice will investigate your complaint. To file mittee. The committee is made up of vol- a complaint with the Office of Disciplinary unteer lawyers who investigate all claims.

134 August / September 2018 RECENT RECENTDevelopmentsDevelopments BANKRUPTCYBANKRUPTCY TOTO TAXATIONTAXATION

Partners,Partners, waswas attemptingattempting toto reorganizereorganize unun-- Lakeridge’sLakeridge’s proposedproposed plan.plan. derder ChapterChapter 1111 ofof thethe BankruptcyBankruptcy Code.Code. U.S.U.S. BankBank challengedchallenged thethe transactransac-- Lakeridge owed substantial debts to MBP tion, arguing that, as Bartlett’s boyfriend, AttorneyAttorney AmountAmount PaidPaid GistGist Lakeridge owed substantial debts to MBP tion, arguing that, as Bartlett’s boyfriend, BankruptcyBankruptcy andand U.S.U.S. Bank.Bank. LakeridgeLakeridge proposedproposed aa planplan RabkinRabkin waswas alsoalso anan insiderinsider ofof thethe debtor,debtor, Daniel G. Abel $4,000.00 #1872 — Unearned fee for an adoption while ineligible to practice law Daniel G. Abel $4,000.00 #1872 — Unearned fee for an adoption while ineligible to practice law LawLaw thatthat classified classified MBPMBP andand U.S.U.S. BankBank into into andand thatthat thethe transactiontransaction waswas notnot donedone atat AnthonyAnthony T.T. MarshallMarshall $1,000.00$1,000.00 #1832#1832 —— UnearnedUnearned feefee inin aa bankruptcybankruptcy mattermatter separateseparate classesclasses andand impairedimpaired theirtheir claims.claims. arm’sarm’s length.length. TheThe bankruptcybankruptcy courtcourt rere-- AnthonyAnthony T.T. MarshallMarshall $2,400.00$2,400.00 #1835#1835 —— UnearnedUnearned feefee inin aa criminalcriminal mattermatter U.S.U.S. BankBank objected,objected, andand LakeridgeLakeridge soughtsought jectedjected thisthis argument,argument, findingfinding thatthat RabkinRabkin to use a “cramdown” plan, which requires, purchased the claim after adequate due AnthonyAnthony T.T. MarshallMarshall $810.00$810.00 #1838#1838 —— UnearnedUnearned feefee inin aa bankruptcybankruptcy mattermatter to use a “cramdown” plan, which requires, purchased the claim after adequate due “Non-Statutory Insider” amongamong otherother things,things, aa non-insidernon-insider imim-- diligence,diligence, andand notingnoting that,that, althoughalthough datdat-- HaroldHarold D.D. Register,Register, Jr.Jr. $10,000.00$10,000.00 #1868#1868 —— UnearnedUnearned feefee inin aa criminalcriminal mattermatter “Non-Statutory Insider” of a Debtor pairedpaired classclass toto supportsupport thethe proposedproposed plan.plan. ing,ing, hehe andand BartlettBartlett livedlived andand managedmanaged HaroldHarold D.D. Register,Register, Jr.Jr. $6,000.00$6,000.00 #1600#1600 —— ConversionConversion inin aa personalpersonal injuryinjury mattermatter of a Debtor MBPMBP waswas anan insider;insider; therefore,therefore, thatthat classclass theirtheir financesfinances separately.separately. Michael B. Rennix $328.00 #1814 — Unearned fee in a bankruptcy matter couldcould notnot provideprovide thethe requiredrequired consentconsent toto TheThe 9th9th CircuitCircuit agreedagreed thatthat RabkinRabkin waswas Michael B. Rennix $328.00 #1814 — Unearned fee in a bankruptcy matter U.S.U.S. BankBank Nat’lNat’l Ass’nAss’n v.v. Vill.Vill. atat aa cramdowncramdown plan.plan. notnot anan insiderinsider andand thatthat thethe purchasepurchase waswas MichaelMichael B.B. RennixRennix $914.73$914.73 #1829#1829 —— UnearnedUnearned feefee inin aa bankruptcybankruptcy mattermatter Lakeridge,Lakeridge, L.L.C.L.L.C.,, 138138 S.Ct.S.Ct. 960960 (2018).(2018). Subsequently,Subsequently, KathleenKathleen Bartlett,Bartlett, anan thethe resultresult ofof anan arm’sarm’s lengthlength negotiation.negotiation. MurrayMurray N.N. SalinasSalinas $4,000.00$4,000.00 #1874#1874 —— UnearnedUnearned feefee inin aa criminalcriminal mattermatter TheThe SupremeSupreme CourtCourt consideredconsidered thethe MBPMBP boardboard membermember andand LakeridgeLakeridge ofof-- TheThe 9th9th CircuitCircuit heldheld thatthat thethe bankruptcybankruptcy standardstandard ofof reviewreview toto applyapply whenwhen anaana-- ChristopherChristopher L.L. SicesSices $2,500.00$2,500.00 #1833#1833 —— UnearnedUnearned feefee inin aa domesticdomestic mattermatter ficer,ficer, soldsold thethe claimclaim ofof MBPMBP toto herher boyboy-- court’scourt’s decisiondecision waswas entitledentitled toto thethe moremore lyzinglyzing whetherwhether aa partyparty isis aa “non-stat“non-stat-- Christopher L. Sices $3,500.00 #1798 — Unearned fee in a succession matter friend,friend, RobertRobert Rabkin.Rabkin. AsAs thethe newnew holderholder deferentialdeferential “clear-error”“clear-error” standardstandard ofof rere-- Christopher L. Sices $3,500.00 #1798 — Unearned fee in a succession matter utoryutory insider”insider” ofof aa debtor.debtor. TheThe debtor,debtor, ofof thethe MBPMBP claim,claim, RabkinRabkin consentedconsented toto view,view, ratherrather thanthan dede novo,novo, and,and, findingfinding nono ChristopherChristopher L.L. SicesSices $2,754.37$2,754.37 #1826#1826 —— ConversionConversion ofof clientclient fundsfunds Lakeridge,Lakeridge, whollywholly ownedowned byby MBPMBP EquityEquity RichardRichard C.C. TeissierTeissier $6,000.00$6,000.00 #1849#1849 —— UnearnedUnearned feefee inin anan immigrationimmigration mattermatter St. Thomas More Catholic Lawyers Association Invites All Members of the Bench and Bar of All Faiths to Attend the 66th Annual Red Mass Monday, October 1, 2018, at 9:30 a.m. St. Louis Cathedral, New Orleans, Louisiana. Assembly for the Procession begins at 9:00 a.m.

We are proud to announce that our homilist will be Reverend Paul Scalia, son of the late U.S. Supreme Court Justice Antonin Scalia.

LouisianaLouisiana BarBar JournalJournal Vol.Vol. 66,66, No.No. 22 135 55 error, it affirmed. ments as to a “single asset” may constitute was nondischargeable, reasoning that the On appeal, the Supreme Court af- such a statement respecting his financial debtor knowingly made two false repre- firmed, noting that legal inquiries are condition under the Bankruptcy Code. sentations to the firm regarding his finan- subject to de novo review, but factual in- The 5th and 10th Circuits held that cial condition. The 11th Circuit reversed, quiries, such as those regarding the nature “statements respecting financial condi- holding that, while statements regarding of Bartlett and Rabkin’s relationship, are tion” are those that present a picture a single asset, such as the debtor’s tax re- subject to review only for clear error. The of the debtor’s overall financial health. fund, may constitute statements respect- Court found, however, that the question Therefore, a written statement regarding a ing the debtor’s financial condition, such before it was a “mixed question” of law single asset would not fall under the pur- statements must be in writing in order to and fact, i.e., whether the factual findings view of Section 523(a)(2). The 11th and be nondischargeable. The debtor’s state- regarding Bartlett and Rabkin’s relation- 4th Circuits, however, held that a written ments here were not in writing. ship satisfies the legal inquiry of whether statement regarding a single asset may The Supreme Court affirmed, reject- Rabkin was a non-statutory insider. Here, constitute a statement respecting the debt- ing the 5th and 10th Circuits, and held the Court found the inquiry almost wholly or’s financial condition. Therefore, a debt that statements regarding a single asset depended on the factual details surround- arising from such a statement that proves may constitute statements respecting the ing the relationship, with little to no legal to be false may be nondischargeable. debtor’s financial condition under Section inquiry involved in analyzing whether the The debtor in Lamar retained the firm 523(a)(2). The Court reasoned that state- relationship prohibited an arm’s length of Lamar, Archer & Cofrin, L.L.P., for as- ments regarding a single asset impact the transaction. Thus, the bankruptcy court sistance with various legal matters. The picture of the debtor’s overall financial was entitled to deference of the clear-error debtor failed to pay his legal fees but as- condition. The Court advised concerned standard of review. sured the firm he would be receiving a creditors that to easily protect themselves large tax refund that would cover his bills. from dishonest debtors, they can insist Supreme Court Resolves Relying on this statement, the firm contin- that such statements be made in writing. ued its representation. The debtor eventu- Circuit Split ally received his refund but used it to pay —Cherie D. Nobles his own business expenses rather than and Lamar, Archer & Cofrin, L.L.P. v. paying the firm. Meanwhile, the debtor Tiffany D. Snead Appling, 138 S.Ct. 1752 (2018). continued to tell the firm he was still Members, LSBA Bankruptcy Section 523(a)(2) of the Bankruptcy waiting to receive his refund in the mail. Law Section Code excepts from discharge debts in- The firm later sued and won judgment Heller, Draper, Patrick, Horn curred as the result of the debtor’s false, against the debtor, who subsequently filed & Manthey, L.L.C. written “statements . . . respecting Chapter 7 bankruptcy. The firm sought to Ste. 2500, 650 Poydras St. the debtor’s financial condition.” The have the debt declared nondischargeable New Orleans, LA 70130 Supreme Court resolved a circuit split re- under Section 523(a)(2). garding whether a debtor’s written state- The bankruptcy court held that the debt

Ronald E. Corkern, Jr. Brian E. Crawford Steven D. Crews Herschel E. Richard Joseph Payne Williams J. Chris Guillet

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136 August / September 2018 timeline was “the most expedient time pos- ment of “reasonable security procedures sible and without unreasonable delay” fol- and practices” is vague. Some state laws lowing the discovery of the breach. This are more prescriptive in this area. Although Corporate and language has been consistent across many limited in scope to banks, insurance com- Business Law state breach notification laws. The bill adds panies and other financial-services institu- to this language by adding a concrete dead- tions, New York law requires a number of line of 60 days. It also requires companies practices for effective cybersecurity pro- to inform the Louisiana Attorney General grams. These practices include a written Amendments to Data in writing of their reasons to delay notifi- cybersecurity policy, an incident-response Breach Notification cation under this hard deadline due to law plan, employee cybersecurity training, en- enforcement requests, or additional time cryption, multi-factor authentication, etc. Laws needed due to the complexity of the breach (23 NYCRR § 500.00 et seq.). The FTC investigation and the reasonable restoration also has substantive materials on its web- Database Security Breach Notification of the breached database. The notice to the site regarding this topic. States could look Law, La. R.S. 51:3073 and 51:3074 (May attorney general must be given before the to the FTC’s positions in this area to in- 20, 2018). original 60-day deadline. Upon receipt, the form their interpretation of the law. Further On May 20, Louisiana Gov. John Bel attorney general shall allow for a reasonable changes and refinements down the road are Edwards signed into law a bill amending extension of time to provide notification. likely as Louisiana’s new law and others La. R.S. 51:3073 and La. R.S. 51:3074, the An exception under the current law like it are tested around the country. Database Security Breach Notification Law provides that notification is not required (2018 La. Sess. Law Serv. Act 382 (S.B. when, after a reasonable investigation, the —Geoffrey C. Elkins 361)). The law became effective on Aug. 1, breach poses no likelihood of harm to the Elkins, P.L.C. 2018. It is a reaction to the numerous media Louisiana residents. This exception now Ste. 4400, 201 St. Charles Ave. reports surrounding data breaches in com- requires companies to retain this determi- New Orleans, LA 70170 panies around the United States and similar nation in writing with supporting docu- and measures that other states have taken. All mentation for five years. Upon request, James P. Farwell 50 states have database breach notification companies must send this documentation The Farwell Group laws. States are now scrutinizing these laws to the attorney general. 6126 St. Charles Ave. and amending them to ensure that they are Perhaps the biggest and most notable LA Bar JournalNew Ad Orleans, 9/21/11 LA 3:4470118 PM Page up-to-date with currently accepted practices change to the law is the explicit require- concerning data collection and that they hold ment for companies that collect and use companies that collect personal data to a personal information in their computer higher standard in preventing these breaches. SCHAFER GROUP LTD databases to implement and maintain “rea- Certified Public Accountants The first notable change in the law is sonable security procedures and practices the expansion of the definition of personal appropriate to the nature of the informa- When you need a forensic accountant, information under database security breach tion to protect the personal information call on a professional. notification law. Previously, personal infor- from unauthorized access, destruction, use, mation was limited to the first and last name modification, or disclosure.” Companies “Knowledge of business, finance of an individual in combination with his or also must take reasonable steps to destroy and accounting may be needed her Social Security number, driver’s license personal information that is no longer to at any stage of the litigation number or account number, and credit or be retained. Previously, these requirements process. Therefore, we can be debit card number, in combination with were implicit under Louisiana’s unfair an important member of any any required security code, access code or trade practices law (La. R.S. 51:1405). In successful litigation team. password that would permit access to an the past, many states have used their ver- From contemplation of action to individual’s financial account. There is an sion of unfair trade practices law to litigate exception if the data elements making up against companies that have been breached expert testimony, we can complement attorneys in the personal information are encrypted or and lost control of personal information. ways that increase the likelihood of a desired outcome. redacted. The bill clarifies that the personal Currently, the Federal Trade Commission We can support your litigation efforts to save you time information must be of Louisiana residents (FTC) enforces reasonable and adequate and strengthen your case.” and expands the data elements to include cybersecurity practices under its authority —Kernion T. Schafer, CPA state identification card numbers, passport in Section 5 of the FTC Act to bring actions numbers or biometric data containing bio- over unfair or deceptive acts or practices. S OUTH S HORE AND N ORTH S HORE O FFICES logical characteristics of individuals used States are now making this requirement ex- METAIRIE MANDEVILLE to authenticate their identity. 701 Aurora Avenue • Suite A 435 Girod Street • Suite B plicit, and Louisiana goes so far as to make Metairie, Louisiana 70005 Mandeville, LA 70448 The bill also expands on the timeline in it express that violations under this law 504.837.6573 985.626.4066 which companies that experience a breach Forensic Accounting • Emerging Issues • Financial Services constitute an unfair act or practice. Litigation Services • Legal Services • Emerging Business must notify the public. Previously this An area of concern is that the require-

Louisiana Bar Journal Vol. 66, No. 2 137 duty as the public trustee when it failed to under § 719(K), LDNR then determined consider the impacts that pipeline project that it too had no applicability. According would have on the people of St. James. to the court, the determination that § 719 Environmental In reviewing an application for a per- did not apply upended the justification for Law mit, LDNR must apply its Coastal Use not applying § 711. The court determined Guidelines found at 43 La. Admin. Code instead that both guidelines should have Pt. I. 701-719. Not all guidelines are neces- been applied and that the permit applica- sarily implicated by every permit applica- tion should be reviewed for its impacts as A Tale of Two Bayous: tion, but the agency is responsible for de- a surface alteration to the coastal zone (§ termining which guidelines are applicable. 711) and as an activity that is directly in- Bayou Bridge and Bayou Two particular guidelines, § 711(A) and volved in the exploration, production and Canard § 719(K) — (K. Effective environmental refining of oil, gas and materials (§ 719). protection and emergency or contingency In light of LDNR’s decision not to apply Joseph v. Secretary, La. Dep’t of Nat. plans shall be developed and complied these two guidelines, the court determined, Res., No. 38,163, 23rd Jud’l Dist. Ct., St. with for all mineral operations) — were pursuant to La. R.S. 49:964(G)(5) of the James Parish. flagged by the plaintiffs as improperly Louisiana Administrative Procedures Act, In a case centered around the state ignored by LDNR. It is undisputed that that LDNR was arbitrary and capricious Coastal Use Permit (permit) granted by LDNR did not apply those two guidelines, and remanded the case to the agency for the Louisiana Department of Natural but the question raised by the plaintiffs was further consideration. The court also or- Resources (LDNR) for the Bayou Bridge whether the facts of the permit application dered LDNR to “require Bayou Bridge Pipeline, the 23rd JDC recently found that necessitated consideration under those Pipeline, LLC, to develop effective envi- that LDNR was arbitrary and capricious in guidelines. ronmental protection and emergency or granting the permit for the pipeline proj- In its permit decision, LDNR reasoned contingency plans relative to evacuation ect. This case was initiated by a petition for that § 711(A), which relates to surface al- in the event of a spill or other disaster . . . judicial review under La. R.S. 49:214.35, terations, did not apply because the more prior to the issues of [a new] permit.” which argued that LDNR failed to apply specific § 719(K), which covers oil, gas LDNR appealed the district court’s rul- its own Coastal Use Guidelines in grant- and mineral activity, applied. However, ing on May 22, 2018, to the Louisiana 5th ing the permit and that LDNR violated its when reviewing the permit application Circuit Court of Appeal.

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138 August / September 2018 Bayou Canard, Inc. v. State, through from a coastal restoration project, which Coastal Protection &Restoration Auth., includes the claims brought by Bayou 17-1067 (La. App. 1 Cir. 5/14/18), ____ Canard herein.” So.3d ____. The 1st Circuit found that “[t]his lawsuit Family In Bayou Canard, the Louisiana 1st results from a coastal restoration project.” Law Circuit overturned a decision by the And “[t]he language of the lease eliminates 19th Judicial District Court, which had any right whatsoever of Bayou Canard to ruled in favor of an oyster company’s make any claims against CPRA as a result of challenge to the Coastal Protection and the Shell Island West Restoration Project.” Divorce Restoration Authority’s (CPRA) interpre- The court relied on Avenal v. State, which tation of the Oyster Lease Acquisition and related to physical damage caused by the McCalmont v. McCalmont, 17-0644 (La. Compensation Program (OLACP), La. Caernarvon Freshwater Diversion, thereby App. 3 Cir. 12/28/17), 236 So.3d 640. R.S. 56:432.1, which allows CPRA to ac- significantly extending the interpretation of Ms. McCalmont initially filed a petition quire state-issued oyster leases in the foot- the immunities and limitations of liability for an article 102 divorce. Mr. McCalmont print of coastal projects prior to undertak- contained in state-issued oyster leases in did not file any responsive pleadings. She ing the construction. favor of coastal restoration and protection. then filed an amending and supplemental Unlike previous cases testing the limits Bayou Canard sought writs to the petition for divorce, seeking a divorce on of the state’s shield from suits by oyster Louisiana Supreme Court on June 13, 2018. the grounds of adultery, but not pleading leaseholders who challenge coastal resto- any alternative grounds for divorce in that ration activities, (see, Avenal v. State, 03- —S. Beaux Jones second petition. Mr. McCalmont moved to 3521 (La. 10/19/04), 886 So. 2d 1085), this Treasurer, LSBA Environmental terminate the community regime retroactive suit did not stem from physical harm to the Law Section to the date of the filing of the initial petition leased property. Rather, Bayou Canard was Baldwin Haspel Burke & Mayer, L.L.C. on the basis of the parties living separate challenging CPRA’s methodology in deter- Ste. 3600, 1100 Poydras St. and apart the required time. The court made mining the value of the lease acreage ac- New Orleans, LA 70163 the termination effective as of the date of quired through the program. Bayou Canard the second petition. The court of appeal af- challenged CPRA’s application of the so- firmed, finding that after the amendment of called “harvest efficiency ratio,” which re- sulted in a significant reduction in the value of the acquisitions. Bayou Canard argued (successfully at the 19th JDC) that CPRA’s ROY A. RASPANTI uniform application of the ratio amounted Attorney and Counselor at Law to a formal “rule” and CPRA was re- quired to follow proper rulemaking proce- dures under the Louisiana Administrative CIVIL MEDIATOR Procedure Act (LAPA), La. R.S. 49:951, et seq., which it did not. Bayou Canard successfully sought summary judgment to declare the state’s informal rulemaking $275 Per Hour invalid. On appeal, the 1st Circuit declined to overturn the district court’s decision that CPRA adopted a rule without proper LAPA NO ADMINSTRATIVE FEE promulgation. However, the court quickly moved to the state’s third assignment of error, which asserted that under the terms Member of the LSBA since 1975 of the oyster lease agreements, Bayou Member of LSBA House of Delegates since 2000 Canard never had a right to bring the suit in the first place. On this point, the court handed CPRA a sweeping victory. In short, the court ruled that the language of the oys- 110 Veterans Blvd. Suite 360 Metairie, LA 70005 ter leases in question (which are materially similar to all state-issued oyster leases), (504) 835-5388 [email protected] which contain two indemnity clauses re- www.RoyRaspanti.com lated to coastal restoration, bars “all claims against CPRA by an oyster lessee resulting

Louisiana Bar Journal Vol. 66, No. 2 139 La. Civ.C. art. 2375(C) in 2010, the retro- later, he was rehired by Chevron and be- Webb v. Webb, 16-0567 (La. App. 5 Cir. activity was not to the date of the filing of gan to participate in a retirement plan for 1/24/18), 238 So.3d 566, writ granted, the “original” petition and, in this case, re- highly compensated employees. The court 18-0320 (La. 4/27/18), ____ So.3d ____, lated back to the only pending petition, her found that Ms. Knobles was entitled to a 2018 WL 2049919. second petition on the grounds of adultery. portion of those benefits. His arguments Mr. Webb, an attorney, admitted to forg- The court found that the amendment had that his entitlement under the second plan ing his wife’s name to obtain a $250,000 the effect of canceling the original petition did not come into effect until after the ter- bank loan, secured by the parties’ home. and starting the matter anew on a differ- mination of the community, and that his The trial court found that the debt was his ent ground for the divorce. His argument ability to participate was based on his post- separate obligation, finding that admis- that the amended petition related back to termination efforts, were rejected, as the sions he made in disciplinary proceedings the original petition was rejected, since the benefits were based, in part, on his prior were a judicial confession that the obliga- second petition did not arise out of the con- credited service during the community. tion was his separate obligation. duct, transaction or occurrence set forth in The court stated: “Although [Mr. Knobles] The court of appeal found that because the initial petition, but set forth a different did not qualify for the Restoration Plan the statements were not made in the pres- ground for the divorce. until his compensation from Chevron ex- ent proceeding, they were not judicial con- ceeded the applicable annual compensa- fessions, and, nevertheless, they could not Community Property tion limit, well after the community ceased change the classification of the debt, which to exist, the benefits [he] will receive under was community, as it was incurred during Knobles v. Knobles, 17-0233 (La. App. 5 the Restoration Plan are calculated in part the community and the funds were used Cir. 12/27/17), 236 So.3d 726. on his credited service years accumulated for a community purpose. During the parties’ divorce proceed- during the existence of the community The court noted that the inquiry when ings, Mr. Knobles retired from his job with with [Ms. Knobles].” Consequently, Ms. reviewing obligations arising from inten- Chevron. A consent judgment of parti- Knobles was entitled to share in the por- tional wrongs is not on the wrongful activ- tion was later entered, in which his retire- tion of the plan deriving from these com- ity but on whether it benefitted the commu- ment plan was partitioned pursuant to a munity service years. nity. Here, because the funds were used to Qualified Domestic Relations Order. Years pay other community obligations, the debt

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140 August / September 2018 was a community obligation. As a result, that she abandoned the family home was the trial court’s denial of his reimbursement rejected, as, impliedly, she had good cause claim for making post-termination pay- for leaving. The court’s ruling that she Fidelity, ments on the obligation was reversed, and he was free from fault was affirmed, as was Surety and was granted that reimbursement claim. The its award of final spousal support to her. Construction trial court did not err in denying his rental As she was a victim of domestic abuse, Law reimbursement claim for Ms. Webb’s use of the award could exceed one-third of Mr. the former matrimonial domicile, and was Thomas’ net income pursuant to La. within its discretion in finding that the par- Civ.C. art. 112. Public Body Not Entitled ties’ disparate financial circumstances and to Withhold Final Ms. Webb’s health issues and medical ex- Maternity penses related thereto supported the denial. Payment Chaisson v. State, Dep’t of Health & Custody Hosps., 17-0642 (La. App. 4 Cir. 3/7/18), Woodrow Wilson Constr. L.L.C. v. Orleans 239 So.3d 1074, writ denied, 18-0540 Parish Sch. Bd., 17-0936 (La. App. 4 Cir. England v. England, 17-0493 (La. App. 4 (La. 5/25/18), ____ So.3d ____, 2018 WL 4/18/18), ____ So.3d ____. Cir. 3/2/18), 238 So.3d 1064, writ denied, 2441223. Orleans Parish School Board (OPSB) 18-0515 (La. 5/11/18), 241 So.3d 1008. Unbeknownst to Ms. Chaisson, her awarded a public works contract to Woodrow The trial court did not err in changing same-sex spouse, to whom she was mar- Wilson Construction, L.L.C. (WWC) for custody to award Mr. England sole custody ried at the time Ms. Chaisson gave birth construction of the elementary school at and in suspending Ms. England’s visita- to a child, submitted their marriage certifi- North Kenilworth Park. In accordance with tion for 90 days and ordering her to seek cate to the Louisiana Department of Vital the terms of the contract, the project was mental health counseling. However, it did Records and had the child’s birth certificate to be completed in 548 days. The contract err in ordering her to see a therapist named amended to reflect the spouse’s name as a provided for $5,000 per day in liquidated by the court, rather than a therapist of her parent. Ms. Chaisson filed a writ of man- damages for every day the project was late. own choosing. The court found that she had damus to have the Department restore the The project began in February 2013, and the a history of making unsupported claims birth certificate to its original form, which certificate of substantial completion was is- that Mr. England was abusing the parties’ was denied. Because the spouse was en- sued on Feb. 3, 2016. The project was late children. The court found that there was titled to the presumption that she was the by 517 days. After receipt of the certificate “ample evidence” that she was “unwilling parent of the child, the Department of Vital of substantial completion, WWC issued a or unable to encourage a close and con- Records acted in its capacity to amend the final payment application seeking retainage tinuing relationship between the children birth certificate, just as it would have for an in accordance with the terms of the contract. and Mr. England,” and that she was “fab- opposite-sex couple. OPSB refused to issue final payment, and as ricating abuse allegations and encouraging a result, WWC filed for a writ of mandamus in accordance with La. R.S. 38:2291 in an the children to verify them.” The court of —David M. Prados appeal found that although the trial court Member, LSBA Family Law Section attempt to compel final payment. could order her to obtain therapy, it could Lowe, Stein, Hoffman, Allweiss After filing the writ of mandamus, OPSB not designate the therapist that she had to & Hauver, L.L.P. filed an answer and reconventional demand see. Judge Lobrano concurred in the award Ste. 3600, 701 Poydras St. against WWC. OPSB argued that it was en- of sole custody and visitation but wrote a New Orleans, LA 70139-7735 titled to withhold final payment under the well-reasoned partial dissent on the issue of contract due to its right to collect and assess mental health counseling. He asserted that Bergeron did not apply under La. C.C.P. Provosty, Sadler & deLaunay, APC art. 3945, under which this proceeding was 934 Third Street, Suite 800, Post Office Box 13530 brought, and the article provided no author- Alexandria, Louisiana 71315 ity for a judge to require a litigant to seek mental health counseling. Direct Line: (318) 767-3197 [email protected] Final Spousal Support www.provosty.com

Thomas v. Thomas, 17-0760 (La. App. 4 James W. “Jim” Standley, IV, former Disciplinary Cir. 2/21/18), 238 So.3d 515. Counsel prosecutor (2009-2016), offers advice and counsel The trial court did not err in finding regarding legal ethics as well as defense of lawyers subject to that Ms. Thomas was a victim of domes- tic abuse. Further, Mr. Thomas’ argument disciplinary proceedings.

Louisiana Bar Journal Vol. 66, No. 2 141 liquidated damages, which OPSB claimed upon the following having oc- ted OPSB to withhold liquidated damages, exceeded the final amount of retainage. curred: 1) Substantial Completion withholding was permitted under the con- The trial court denied WWC’s writ of man- is achieved; 2) the Architect tract only when a payment became due. As damus, finding that La. R.S. 38:2291 was and the Owner approve and ac- a result, the court of appeal determined that not applicable because a question remained cept the Certificate of Substantial OPSB could not withhold under the con- regarding whether final payment was due Completion, including an attached tract without also acknowledging that the under the terms of the contract. punchlist; 3) the Contractor sub- final retainage payment was due. Therefore, On appeal, the Louisiana 4th Circuit mits an application for payment for because the final retainage payment was sought to determine “whether OPSB may retainage; 4) the Contractor sub- due, La. R.S. 38:2291 was implicated, and withhold final payment due under La. R.S. mits the lien waivers to accompany as a result, OPSB was statutorily required 38:2291 on the basis that the project was the application for payment; (5) to tender the final retainage payment. completed behind schedule, despite the the 45-day lien period in La. R.S. Furthermore, OPSB was not permitted un- fact that liability for the delays has yet to be 38:2242 has expired; and 6) the der La. R.S. 38:2291 to contractually waive adjudicated.” In reversing the ruling of the Contractor provides the Owner and the duty to pay. trial court and granting the writ of manda- the Architect with a clear lien and The court of appeal also examined mus in favor of WWC, the court of appeal privilege certificate. whether OPSB’s defense of a separate first looked to the statutory language of La. claim for damages was a basis to withhold R.S. 38:2291. Thereafter, the court of appeal deter- payment. In determining that the claim for In examining the language of the stat- mined that WWC had satisfied all of the damages was not a valid basis, the court ute, the court of appeal reasoned that La. requisites of the contract in order to receive of appeal examined the contract and deter- R.S. 38:2291 was applicable. In doing so, it final payment and that final payment had in mined that the “provisions of the contract looked to La. R.S. 38:2291(A), which pro- fact become due and payable at that time. demonstrate that OPSB’s ‘right’ to liqui- vides that “all public entities shall promptly In response, OPSB argued that pay- dated damages is in fact not a right at all.” It pay all obligations under public contracts ment was still not due because it had cause went on to explain that, under the contract, when the obligations become due and pay- to withhold payment “as security” for its OPSB simply had a “claim” for damages, able under the contract.” Thereafter, the delay claim. In response, the court of ap- a claim that had not been “judicially de- court decided that it must determine when peal explained that OPSB’s position failed termined.” As a result, the court of appeal final payment is due under the contract. to comport “with the legislative intent, the held that “a public entity’s separate claims The court of appeal then examined the reasoning prompting the statute’s enact- against a contractor are secondary to the contract, which provided that normal re- ment, or the express language of La. R.S. contractor’s right to prompt payment under tainage was due: 38:2291.” The court of appeal went on to La. R.S. 38:2291.” reason that, although the contract permit- Therefore, the court of appeal reversed SOLACE: Support of Lawyers/Legal Personnel — All Concern Encouraged The Louisiana State Bar Association/Louisiana Bar Foundation’s Community Action Committee supports the SOLACE program. Through the program, the state’s legal community is able to reach out in small, but meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a death or catastrophic illness, sickness or injury, or other catastrophic event. For assistance, contact a coordinator. Area Coordinator Contact Info Cell Email Address Alexandria Area Richard J. Arsenault (318)487-9874 Cell (318)452-5700 [email protected] Baton Rouge Area Ann K. Gregorie (225)214-5563 [email protected] Covington/ Mandeville Area Suzanne E. Bayle (504)524-3781 [email protected] Denham Springs Area Mary E. Heck Barrios (225)664-9508 [email protected] Houma/Thibodaux Area Danna Schwab (985)868-1342 [email protected] Jefferson ParishArea Pat M. Franz (504)455-1986 [email protected] Lafayette Area Josette Gossen (337)237-4700 [email protected] Lake Charles Area Melissa St. Mary (337)942-1900 [email protected] Monroe Area John C. Roa (318)387-2422 [email protected] Natchitoches Area Peyton Cunningham, Jr. (318)352-6314 Cell (318)332-7294 [email protected] New Orleans Area Helena N. Henderson (504)525-7453 [email protected] Opelousas/Ville Platte/ John L. Olivier (337)662-5242 (337)942-9836 [email protected] Sunset Area (337)232-0874 River Parishes Area Judge Jude G. Gravois (225)265-3923 Cell (225)270-7705 [email protected] (225)265-9828 Shreveport Area Dana M. Southern (318)222-3643 [email protected] For more information, go to: www.lsba.org/goto/solace

142 August / September 2018 the ruling of the trial court and granted the Chevron and Schlumberger, seeking its own force; and 3) the state law must not writ of mandamus in favor of WWC on the to recover maintenance and cure un- be inconsistent with federal law. basis that “the OPSB had a ministerial duty der general maritime law. He also made Fornah was injured on a fixed platform to issue final payment and had no discre- claims of Jones Act negligence against in federal waters on the Outer Continental tion to withhold based on a separate claim Tetra; unseaworthiness of the vessel; and Shelf and thus the first requirement against WWC.” negligence claims under general mari- was met as the situs was covered by the time law against Alliance, Chevron and OCSLA. There is no dispute that Louisiana —Luke P. LaRocca Schlumberger, alleging, inter alia, that negligence law is consistent with federal Member, LSBA Fidelity, Surety and Schlumberger was negligent in conduct- maritime negligence law, so the third re- Construction Law Section ing unsafe coiled tubing operations and quirement was met. The only dispute was Simon, Peragine, Smith & Redfearn, failing to provide a sufficient coiled tubing whether federal maritime law applied of its L.L.P. crew. Schlumberger moved for summary own force. 1100 Poydras St., 30th Flr. judgment on grounds that Schlumberger For maritime law to apply of its own New Orleans, LA 70163 and Tetra were co-independent contractors force, there must be both a maritime loca- of Chevron, that Schlumberger exercised tion and a connection to general maritime no supervisory control over Tetra person- activity. Fornah contended, unpersuasive- Insurance, Tort, nel, and that Schlumberger owed no duty ly, that the negligence of the Alliance crane Workers’ to Fornah besides that of ordinary care operator gave rise to federal admiralty ju- Compensation & and did not breach that duty. Before rul- risdiction and the application of general Admiralty Law ing on the motion, Fornah settled with all maritime law, noting the traditional mari- parties except Schlumberger. The district time activity of transporting and unloading court granted Schlumberger’s motion for vessel cargo. Tort summary judgment, finding that Fornah’s The Supreme Court and the 5th Circuit Fornah v. Schlumberger Tech. Corp., claims were governed by Louisiana law. A previously concluded that work performed No. 17-30910, ____ F.3d ____ (5 Cir. duty-risk analysis concluded that, because on oil production platforms affixed to the June 5, 2018), 2018 WL 2715147. Schlumberger and Tetra were co-indepen- Outer Continental Shelf is not maritime Chevron Corp. hired Schlumberger to dent contractors, Schlumberger did not in nature because it is primarily related assist, as an independent contractor, in a have a duty to protect Tetra’s employee, to oil-and-gas exploration and produc- plugging and abandonment project on its Fornah. Thus, as Schlumberger owed no tion. “Thus, we agree with the district fixed platform in the Bay Marchand Field duty, it could not be in breach. The 5th court that maritime law does not apply of on the Outer Continental Shelf in the Gulf Circuit Court of Appeals agreed. its own force . . . and, consequently, that of Mexico, about five miles off the coast Fornah further contended that the dis- Louisiana law applies to Fornah’s negli- of Louisiana. Chevron also hired Tetra trict court erred in applying Louisiana gence claims.” Applied Technologies as an indepen- law to his claim and urged instead the ap- dent contractor to provide crew for plug- plication of general maritime law. Three —John Zachary Blanchard, Jr. ging and abandoning services. Alliance requirements must be met for state law Past Chair, LSBA Insurance, Tort, Offshore, which owned and operated the to apply as surrogate federal law under Workers’ Compensation and M/V MISS LYNNE, a liftboat adjacent to the Outer Continental Shelf Lands Act Admiralty Law Section the platform, and a crane to lift and move (OCSLA), 43 U.S.C. § 1333(a)(1): 1) the 90 Westerfield St. the equipment, was also hired as an inde- dispute must arise on a situs covered by Bossier City, LA 71111 pendent contractor. OCSLA; 2) federal law must not apply of Fornah was employed by Tetra as a rig- ger, responsible for handling the hoses for the coiled tubing job. Once Alliance began operating its crane on the adjacent liftboat to raise Schlumberger’s coiled tubing in- jector head into position, Fornah’s job was to guide the tubing hoses during the lift. While he was guiding the tubing, acting alone, he jerked an attaché hose to untan- gle it from scaffolding and felt a pain in his back and shoulder. Two days later, he re- ported the injury, but not to Schlumberger. Almost a year later, Fornah filed suit in federal district court against Tetra, Alliance, the M/V MISS LYNNE,

Louisiana Bar Journal Vol. 66, No. 2 143 sellers’ motion to dismiss, despite ac- because Chinese law required the price knowledging that the interpretations of and quantity measures. Id. International Chinese law contained in the Chinese The U.S. Supreme Court granted cer- Law Ministry of Commerce amicus brief were tiorari to resolve a circuit conflict over the “entitled to substantial deference.” Id. at appropriate deferential standard to apply 1871. The district court did not regard the under Federal Rule of Civil Procedure Chinese submission as conclusive on the 44.1. Justice Ruth Bader Ginsburg deliv- issue of Chinese law, noting the contrary ered the opinion of a unanimous Court United States evidence submitted by the U.S. purchas- on the issue. Summarizing the complex ers. Id. issues involving interpretation of foreign Animal Sci. Prods., Inc. v. Hebei The Chinese sellers moved for sum- law, the Court noted: Welcome Pharm. Co., 138 S.Ct. 1865 mary judgment after discovery regard- (2018). ing the Chinese law issue. Expert testi- Given the world’s many and di- The U.S. Supreme Court reversed mony was given regarding the Chinese verse legal systems, and the range a 2nd Circuit ruling in an antitrust case Ministry’s deference to interpret its of circumstances in which a for- involving vitamin C price fixing. That own laws and regulations. Id. The U.S. eign government’s views may be ruling vacated a $147 million judgment purchasers countered with official presented, no single formula or rule against two Chinese companies. Central Chinese statements at the World Trade will fit all cases in which a foreign to the Supreme Court’s decision was the Organization wherein China admitted government describes its own law. question of what deference federal courts that it “gave up export administration Relevant considerations include should give to a foreign sovereign’s in- of . . . vitamin C.” Id. The district court the statement’s clarity, thorough- terpretation of its own domestic law un- denied summary judgment, finding that ness, and support; its context and der Federal Rule of Civil Procedure 44.1. Chinese law did not require the sellers to purpose; the transparency of the Domestic purchasers of vitamin C fix the price or quantity of vitamin C.Id. foreign legal system; the role and filed a class action lawsuit against several The 2nd Circuit reversed the district authority of the entity or official of- Chinese companies that manufacture and court. The central issue on appeal was the fering the statement; and the state- export the vitamin. The plaintiffs alleged “amount of deference” the court owed ment’s consistency with the foreign that the Chinese companies conspired to to the Chinese Ministry’s characteriza- government’s past positions. fix the price and quantity of vitamin C tion of Chinese law. Id. at 1872. The 2nd exported to the United States, in violation Circuit determined that a “highly defer- Id. at 1873-74. of the Sherman Act. Id. at 1870. The ini- ential” standard applies when a foreign Judging the Chinese statement in tial lawsuit and others were consolidated government directly participates in U.S. this light, the Court found that the court into a Multidistrict Judicial Panel for legal proceedings and provides an offi- of appeals erred in determining that the pretrial proceedings. Two of the Chinese cial statement regarding the construction Ministry’s submission was binding be- merchants moved to dismiss the litiga- of its own laws. Id. Applying the highly cause it was facially reasonable. Id. at tion on the grounds that they were im- deferential standard to the facts, the 2nd 1874. The Court admonished the court mune from Sherman Act liability because Circuit concluded that the Ministry’s in- of appeals for failing to address other the Chinese government requires them to terpretation of Chinese law was reason- relevant evidence, including the official engage in price and quantity restraints. able, and therefore the Chinese sellers statements of the Chinese government Id. The district court denied the Chinese were immune from Sherman Act liability at the World Trade Organization. Id. The Court concluded that, while a fed- eral court interpreting or determining foreign law under Rule 44.1 should ac- cord respectful consideration to the for- eign government’s position, U.S. courts should not accord conclusive effect to the foreign government’s statements. Id. at 1870.

—Edward T. Hayes Chair, LSBA International Law Section Leake & Andersson, L.L.P. Ste. 1700, 1100 Poydras St. New Orleans, LA 70163

144 August / September 2018 The first case, Joseph v. Wasserman, operator.judgments The were appellate final court depended also found on La. involved a legal malpractice action. While thatC.C.P. SKH art. should 1915. be held liable for a one- the case was pending, the plaintiffs became fourthThe share court of had damages no trouble where determining the other involved in bankruptcyMineral proceedings. The defendantsthat the first settled judgment because was the a Louisianafinal judg- defendant filedLaw an exception of no right of Civilment Code because provides the judgment that the dismissedpayment of a action, alleging that the plaintiffs’ bank- aparty. debt The by one judgment solidary was obligor therefore benefits final ruptcy trustee was the real party in inter- theand other appealable obligors pursuant only in tothe art. amount 1915(A) of est. The trial court sustained the exception the(1) paying without obligor’s being designatedportion. So, as because a final “conditionally,”Mineral pending Leases the intervention onlyjudgment. three of However, the four obligors the second in this judgcase- of the bankruptcy trustee. hadment settled, was more the 3rd problematic. Circuit held SKH to be RainbowOn appeal, Gun the Club, 4th Circuit Inc. foundv. Denbury that it responsibleThe second for ajudgment one-fourth decided share oneof the of Res.,lacked Inc. subject, 17-0997 matter jurisdiction(La. App. and 3 disCir.- obligation.three issues in the bifurcated trial, the 5/23/18),missed the ____ appeal. So.3d At issue ____, was 2018 whether WL other two being whether the plaintiffs 2326189.the judgment was “precise, definite and had titleOil to and the property Gas inLease question, and certain,”On May an essential 23, 2018, element the Louisiana of finality. 3rd whether any taxes or tax refunds were According to the court, “a conditional due plaintiffs. Unlike the first judgment, Circuit Court of Appeal affirmed a dis- In re ATP Oil & Gas Corp., 888 F.3d 122 judgment, order or decree, the finality of the second judgment did not dismiss a trict court ruling that imposed liability (5 Cir. 2018). which depends on certain contingencies party. As a result, it was not appealable on SKH Energy Partnership, L.P., a for- ATP Oil & Gas Corp. held an oil and gas which may or may not occur, is not final unless expressly designated as appealable mer mineral lessee, for a one-fourth share lease granted by the federal government for the purposes of appeal.” Based on that under art. 1915(B) after a determination of more than $10 million in damages. In on the Outer Continental Shelf. Several principle, the court found that the judg- that there was no just reason for delay. this case, more than 170 mineral lessors service companies performed work for ment lacked finality because it condition- The trial court made no such certification and royalty owners sued SKH, as well ATP. Pursuant to the Louisiana Oil Well ally sustained the defendant’s exception. in the judgment. Therefore, the judgment as Denbury Resources, Inc., Denbury Lien Act (LOWLA), which applied as The defendant urged the court to was not final and appealable. Onshore, L.L.C., and Specter Exploration, surrogate federal law under the Outer consider the appeal because the condi- The court then noted that it could re- Inc., for damages arising from Denbury’s Continental Shelf Lands Act (OCSLA), tion in the judgment, the intervention view the judgment under its supervisory imprudent operations in the drilling of a the service companies obtained a privilege of the bankruptcy trustee, had occurred. jurisdiction if the appeal was filed within well. SKH had assigned its interest in the on ATP’s operating interest. Later, ATP However, the court rejected this argu- the deadline for filing applications for mineral leases and, in 2003, Denbury, as sold “term overriding royalty interests” to ment because the occurrence of the con- supervisory writs. However, plaintiffs operator, spud a well that produced dry OHA Investment Corp. In 2012, ATP filed dition did not change the conditional na- failed to file their motion for appeal with- gas until it was plugged and abandoned a petition for bankruptcy. OHA and the ture of the ruling. The court also declined in the deadline. Plaintiffs’ motion was in 2008. Plaintiffs alleged that, during the service companies then disputed whether to convert the appeal to a writ applica- timely for appeal purposes because they drilling of the well, pipe became stuck in the service companies could enforce their tion, finding that the defendant had an had filed a motion for new trial, which the original hole. As a result, plaintiffs privileges against OHA’s overriding royal- adequate remedy from an appeal of the was denied, and they filed their motion claimed that “extraneous water invasion” ties. The U.S. 5th Circuit Court of Appeals final judgment. within 60 days of the judgment denying ruined the gas reservoir. Plaintiffs asserted quoted the bankruptcy judge’s interpreta- The second case, Forstall v. City of the motion for new trial. However, the damages based on negligence and breach tion of the “safe harbor” provision found New Orleans, involved an action by pendency of the motion for new trial had of obligations pursuant to various mineral at La. R.S. 9:4869(A)(1)(a), which stated plaintiff to quiet a tax sale on immov- no effect on the deadline for applying for leases. that the LOWLA privilege does not apply able property. Plaintiffs brought the ac- supervisory writs, which expired 30 days Denbury and Specter settled prior to to “hydrocarbons that are . . . transferred tion against the City of New Orleans after the judgment was rendered. Because trial, and several other defendants were in a bona fide onerous transaction by the and another putative owner, alleging that plaintiffs failed to file their motion for ap- dismissed on summary judgment, leaving lessee or other person . . . if the transferee they were the owners of the property in peal within that deadline, the court could SKH as the only defendant to proceed to pays for them before he is notified of the question because a prior tax sale by the not consider their appeal under its super- trial. After trial, the district court awarded privilege by the claimant.” Id. at 125. The City was null for lack of notice. Two visory jurisdiction. more than $2.5 million in damages against parties did not dispute that the overriding judgments were at issue. The first judg- The Forstall case illustrates that if a SKH, holding it responsible pursuant to royalty interests were transferred to OHA ment granted the other putative owner’s party is not careful to determine whether the mineral leases even though it had as- in an onerous transaction. Further, the ser- signedmotion its for interests. summary SKH judgment appealed. and dis- a judgment is final before attempting an vice companies did not notify OHA of the missed the putative owner. The second appeal, it may find itself with no remedy Section 31:129 of the Louisiana privileges before it purchased the over- judgment was rendered after a bifurcated in the court of appeal, whether by appel- Revised Statutes does not relieve an as- riding royalties. Thus, the only question bench trial and involved solely the issue late or supervisory review. signor of its obligations under a mineral was whether the purchase of an overriding of whether the tax sale was null. lease unless the lessor expressly discharg- royalty is a purchase of hydrocarbons. The The court began its discussion of the —Scott H. Mason es him in writing. The appellate court rea- 5th Circuit concluded that it is. Thus, the judgments by noting that both judgments Member, LSBA Appellate Section soned that because there was no evidence service companies’ privileges did not at- were partial judgments because they Plauché Maselli Parkerson, L.L.P. of any such discharge, the trial court prop- tach to OHA’s overriding royalties. erlydecided held less SKH than solidarily all issues liable in the for case. the Ste. 3800, 701 Poydras St. breachTherefore, of the the obligation question to of act whether as a prudent the New Orleans, LA 70139-7915

Louisiana Bar Journal Vol. 66,65, No. 26 145 421

0418_LBJ_JOURNAL_MAGAZINE_April.indd 421 3/22/2018 2:45:12 PM Servitudes pension and interruption of prescription in medical malpractice claims and that the timely Vintage Assets, Inc. v. Tenn. Gas filing of a panel request suspends, but does not Pipeline Co., ____ F.Supp.3d ____ (E.D. Professional interrupt, liberative prescription until 90 days La. May 5, 2018), 2018 WL 2078606. Liability following notification of the panel opinion. Plaintiffs are the owners of land in The court then noted that the Louisiana Plaquemines Parish. The defendants were Supreme Court was faced with an issue simi- companies that had been granted servi- lar to that of Ms. Benoit’s in Borel v. Young, tudes to construct and operate pipelines Prescription 07-0419 (La. 7/8/98), 989 So.2d 42 (La. and dredge canals. Some of the servitude 11/27/07), where the plaintiffs filed a lawsuit agreements placed limits on the width of In re Med. Review Panel of Benoit, No. 17- within 90 days after the conclusion of the the canals authorized by those agreements. 0802 (La. App. 4 Cir. 4/11/18), ____ So.3d panel proceedings against a hospital but not The plaintiffs filed suit, alleging that the de- ____, 2018 WL 1750521. against a physician who had been named in fendants’ failure to maintain the canals had Ms. Benoit filed a panel request against the panel proceeding. Then, over 90 days after caused the loss of land to erosion. four healthcare providers, alleging that she notification of the panel opinion, the physician In pretrial rulings, the court dismissed sus tained a malpractice-caused injury in 2013 was added to the lawsuit, following which the the plaintiffs’ claims for trespass and neg- when her broken foot was too tightly bound. Supreme Court sustained the physician’s ex- ligence, leaving the claims for breach of The panel process proceeded in the usual fash- ception of prescription because more than 90 contract. The court determined that the de- ion, including an extension of the life of the days (plus the remainder of the one-year pre- fendants had breached their obligations and panel until Feb. 25, 2017. scriptive period that was unused) had elapsed. that some (though not all) of the land loss On Feb. 9, 2017, Ms. Benoit amended her The Benoit court distinguished Borel because that had occurred would have been avoided panel complaint by adding two additional re- in Benoit the panel was pending when the new if the defendants had performed their obli- spondents to the pending panel request, claim- defendants were added. Prescription was sus- gations. The defendants asserted that their ing that these newly-added defendants were pended for a minimum of 90 days after the liability should be limited to paying the fair jointly and solidarily liable for the injuries to panel proceedings concluded, and thus the market value for the lost land, while the her foot. trial court erred in granting the exception of plaintiffs asserted that they were entitled to The new defendants filed an exception of prescription. complete restoration. prescription, showing that the amended com- The court found that, for certain portions plaint was on its face prescribed because the Continuing Treatment of the land loss, the cost of restoration would three-year prescriptive period set forth in La. be greatly disproportionate to the benefits R.S. 9:5628(A) had expired. Ms. Benoit coun- Exception of restoration. For that land loss, the court tered that the three-year period was prescrip- McCauley v. Stubbs, 17-0933 (La. App. 3 declined to require restoration. Instead, the tive, not peremptive, and that her amendment Cir. 4/25/18), ____ So.3d ____, 2018 WL court concluded that the defendants would was timely, pursuant to La. R.S. 40:1231.8(A) 1940524. be required to pay the fair market value of (2)(a), because the new defendants were Mr. McCauley’s treatment with Dr. Stubbs, that land. The court also concluded that the jointly and severally liable with the original including two surgeries, began in 2010 and plaintiffs were entitled to an injunction re- defendants. continued until January 2015. In August 2016, quiring the defendants to restore 9.6 acres The trial court sustained the exception of McCauley named Stubbs in a panel request. whose restoration was practical. prescription, commenting: “I think the law is Stubbs filed an exception of prescription. An appeal to the U.S. 5th Circuit Court clear. You’ve got to file [a request for a MRP] McCauley argued in opposition that neither of Appeals was filed June 4, 2018. at the absolute latest, in three years.” On appeal, Ms. Benoit proposed the same the one-year nor three-year malpractice pre- —Keith B. Hall arguments as she had to the trial judge: Panel scriptive periods began to run until January Member, LSBA Mineral Law Section proceedings were ongoing, and until complet- 2015, when the doctor-patient relationship Director, Mineral Law Institute ed, prescription is suspended against all joint was terminated, that he had one year from Campanile Charities Professor and solidary obligors. the date he discovered the malpractice (April of Energy Law The defendants responded that La. R.S. 29, 2016) within which to timely file, and that LSU Law Center 9:5628(A) imposes a “strict deadline” of three prescription was suspended for one year from 1 E. Campus Dr. years to bring a medical malpractice claim and that April 29, 2016, date of discovery. Baton Rouge, LA 70803-1000 no statutory or case law allows suspension or The trial court sustained the exception of and interruption of prescription beyond three years prescription, finding that the one-year “date Colleen C. Jarrott from the date of the malpractice. of discovery” doctrine applied only when the Member, LSBA Mineral Law Section The appellate court first observed that claim is brought within three years of the al- Baker, Donelson, Bearman, LeBreton v. Rabito, 714 So.2d 1226, 1230 leged malpractice. Caldwell & Berkowitz, P.C. (La. 7/8/98), “conclusively established” that One question on appeal was whether the Ste. 3600, 201 St. Charles Ave. the MMA applies to the exclusion of general third category of the contra non valentum New Orleans, LA 70170-3600 Louisiana Civil Code articles concerning sus- doctrine served, in this case, to suspend pre-

146 August / September 2018 scription. The appellate court discussed its Parish during the relevant time period. The proceeds of the rentals and that the services earlier interpretations of this third category, Calcasieu Parish School Board (CPSB) as- in connection with the rentals cannot be insofar as it applied to interrupt prescrip- sessed Duncan with sales and/or use tax, separated from the rentals. The court dis- tion only “where the debtor himself has interest, penalties and audit costs covering missed Duncan’s argument, finding that done some act effectually to prevent the the December 2010 through December the argument was general in nature and creditor from availing himself of his cause 2013 tax period. Duncan filed a petition that no particular invoices were singled of action.” with the Louisiana Board of Tax Appeals out for discussion. The court held it was Stubbs argued that Louisiana jurispru- for a redetermination of the assessment, ar- not shown that the lessee had the option dence allows for the continuing treatment guing that CPSB had improperly classified to decline the services at issue and that the doctrine to suspend prescription “only non-taxable cleaning services as taxable services were severable from the lease. when there is proof of fraud, concealment, repair services; improperly classified non- misrepresentation or ill practice on the part taxable charges as taxable gross proceeds —Antonio Charles Ferachi of the defendant physician.” The appellate in conjunction with a lease or rental; and Member, LSBA Taxation Section court relied on its earlier observations that, improperly classified other non-taxable Director, Litigation Division while the three-year period is prescriptive, services and charges as taxable services. Louisiana Department of Revenue it nevertheless affixes an overall three-year The Board denied in part and granted in 617 North Third St. time limit on the discovery rule that “can- part Duncan’s petition for redetermination. Baton Rouge, LA 70821 not be suspended or interrupted” unless Duncan appealed. the defendant does something to conceal On appeal, Duncan asserted the Board the wrongful conduct, thus preventing the erred in finding non-taxable cleaning ser- INDEX TO ADVERTISERS plaintiff from acting. The court noted that vices as taxable repairs under La. R.S. Admiralty Symposium...... 82 the Supreme Court “has often failed to 47:301(14)(g). Specifically, Duncan as- D. Wesley Attaway...... 165 declare” whether a plaintiff may invoke serted that the Board erred in finding that Barrios, Kingsdorf & Casteix, L.L.P...... 155 the third category of contra non valentum its invoices concerning the removal of par- Bourgeois Bennett...... 140 in a medical malpractice case, but “it has affin deposits from the tubing used to ex- Broussard & David...... OBC strongly implied that if the defendant’s con- tract the hydrocarbons from their source to Kathleen Christmas...... 166 duct arises to the level of fraudulent con- its wells were taxable repairs. Duncan as- Christovich & Kearney, L.L.P...... 132 cealment, misrepresentations, or ill prac- serted that the paraffin removal should be Clean Jacket App...... 159 tices, the three-year prescriptive period can classified as a non-taxable cleaning service be suspended.” Thus, the trial court did not rather than a taxable repair. Duncan relied Complex Litigation Symposium...... 133 err in granting the exception of prescription. on Intracoastal Pipe Service, Co. Inc. v. Expert Communications...... 166 Assumption Parish Sales & Use Tax Dept., Robert G. Foley...... 165 —Robert J. David 558 So.2d 1296 (La. App. 1 Cir. 1990), Gilsbar, Inc...... 103, IBC Gainsburgh, Benjamin, David, where the court held that cleaning oil field LawPay...... 81 Meunier & Warshauer, L.L.C. pipe or tubing was not a taxable service. Legier & Company, apac...... IFC Ste. 2800, 1100 Poydras St. CPSB argued that the present facts dif- Louisiana Association for Justice...... 149 New Orleans, LA 70163-2800 fered from Intracoastal Pipe in that the MAPS, Inc...... 144 removal of the paraffin from the pipe was National Academy of a taxable repair as hydrocarbons cannot Distinguished Neutrals...... 143 flow through the pipe without the paraf- fin removal, and the Board and court both The Patterson Resolution Group...... 138 Taxation agreed. CPSB also made the distinction Perry Dampf Dispute Solutions...... 153 that the cleaning in Intracoastal Pipe was Provosty, Sadler & deLaunay, A.P.C...... 141 aesthetically helpful but was not function- RAL Forensics...... 145 ally required. CPSB argued that, without Roy A. Raspanti...... 139 Cleaning of Oil Field the paraffin removal, the pipe would be Schafer Group, Ltd...... 137 unusable for the purpose for which it was Schiff, Scheckman &White, L.L.P...... 131 Drilling Tube Found to intended. The court upheld the Board’s rul- Be a Taxable Repair Smyser Kaplan & Veselka, L.L.P...... 129 ing that the paraffin removal was a repair Stanley, Reuter, Ross, Thornton as contemplated by La. R.S. 47:301(14)(g) & Alford, L.L.C...... 130 Duncan Oil, Inc. v. Calcasieu Parish Sch. and was, therefore, a taxable service. St. Thomas More Catholic Lawyers Bd., 17-0488 (La. App. 3 Cir. 2/28/18), Duncan also asserted the Board erred 239 So.3d 367. in finding non-taxable services in conjunc- Association...... 135 Duncan Oil, Inc. specializes in oil tion with rentals as taxable services under Taggart Morton, L.L.P...... 166 and gas exploration and development. La. R.S. 47:302(B). CPSB countered that Upstate Mediation Group...... 136 It owned three active wells in Calcasieu the entire amount of the invoices are gross The Write Consultants...... 166

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Department Provides nations. The regulation states that these ex- the entirety of the particular facts and cir- ceptions are allowed only to the extent the cumstances, the add-back would increase Operating Rules related member includes the corresponding Louisiana income-tax liability to an amount for Exceptions to item of income in post-allocation income that bears no reasonable relation to the tax- or apportioned income reported to the tax- payer’s Louisiana presence. The regula- Louisiana’s Add-Back ing jurisdiction(s). If the income is offset tion states that if the interest or intangible- Statute or eliminated via combined reporting, it expense rate charged the taxpayer by the does not qualify. The “non-tax business related member exceeds the rate charged In April 2018, the Department promul- purpose” exception applies if the transac- the related member by third-party payees, gated LAC 61 § I.1115(B)(5), which pro- tion giving rise to the expense between the the excess expense will not qualify for the vides “Operating Rules” governing the ex- taxpayer and the related member did not “unreasonable” exception. If multiple ar- ceptions to Louisiana’s corporate add-back have as a principal purpose the avoidance rangements exist between the taxpayer and statute, La. R.S. 47: 287.82. Generally, the of Louisiana tax. the related member, or the related member add-back statute requires that otherwise The regulation specifies that the and the third-party, a weighted-average rate deductible interest, intangible expenses Department may request “contemporane- formula is used to determine non-qualify- and costs, and management fees paid to a ous” documentation to support this excep- ing excess. The regulation also provides a related entity be “added back” to a corpo- tion. Documentation is contemporaneous if “debt-over-asset test” solely for interest ex- ration’s gross income. Adding back the ex- it is in existence and compiled before the pense. If the taxpayer’s debt-over-asset per- pense essentially denies the deduction for filing date (including extensions) for the centage exceeds the consolidated unrelated that expense to the taxpayer. The add-back return containing the transaction(s). The third-party debt over asset percentage of its statute is subject to four exceptions, as well “passed through” exception applies if the federal consolidated group, the interest ex- as a fifth regulatory exception. Taxpayers expense was “passed through” to an unre- pense associated with the excess debt must and their advisors should be aware of these lated third party in an arms-length transac- be added back. rules now because of requirements of con- tion via a corresponding expense. The regu- temporaneous documentation in order to lation limits this exception for management —Michael Bardwell qualify for exceptions in some instances. fees when the related member pays fees to Clerk, La. Board of Tax Appeals The two “subject-to-tax” exceptions unrelated third parties in excess of the fees 627 North Fourth St. apply if the item of income correspond- it receives from related members. Baton Rouge, LA 70802 ing to the expense was subject to tax in The regulation provides a fifth exception Louisiana, another state or certain foreign if the taxpayer establishes that, based on

PROGRAM AGENDA: 8:30 A.M. – 4:00 P.M. SEMINAR CHAIR: Stephen J. Herman • Herman, Herman & Katz • New Orleans PERSONAL INJURY Setting the Stage – Case Evaluation and Initial Planning ► Joseph E. Cain • Herman, Herman & Katz • New Orleans 2018 ► Brian D. Katz • Herman, Herman & Katz • New Orleans ► Gerald A. Melchiode • Melchiode Marks King • New Orleans Practice Makes Perfect – Getting the Most from Experts and Motions ► J. E. Cullens, Jr. • Walters, Papillion, Thomas, Cullens • Baton Rouge ► Lynn Luker • Stanley, Reuter, Ross, Thornton & Alford • New Orleans ► Darrel J. Papillion • Walters, Papillion, Thomas, Cullens • Baton Rouge Mediation vs. Traditional Civil Litigation – Best Effective Use of Mediation Co-Sponsored ► Hon. Sally A. Shushan (ret.) • Attorney at Law • New Orleans by the LSBA ► Donald C. Massey • Couhig Partners • New Orleans Civil Law & Litigation Section Win, Lose or Draw – Tips & Tactics for Winning at Trial ► J. Rock Palermo • Veron, Bice, Palermo & Wilson • Lake Charles ► Phillip A. Wittmann • Stone Pigman Walther Wittmann • New Orleans Friday, September 7, 2018 Ethics: What It Takes to Be Your Best ► Michael E. Ecuyer • Gainsburgh, Benjamin, David, Meunier & Warshauer • New Orleans Hyatt Centric French Quarter Hotel • 800 Rue Iberville, New Orleans ► Charles B. Plattsmier • LA Attorney Disciplinary Board • Baton Rouge • CLE Credit: 6.25 max hours, Advance Registration...... $320 ► Richard C. Stanley • Stanley, Reuter, Ross, Thornton & Alford • New Orleans including ethics & professionalism After August 31 & Professionalism: • Written Cancellation Deadline: Aug. 31 On-Site Registration ...... $345 Manners and How to Handle Misbehavior • e-Course Materials *Fee includes e-course materials, seminar attendance ► Judy Y. Barrasso • Barrasso, Usdin, Kupperman, Freeman & Sarver • New Orleans • No Internet Access & coffee/refreshmentbreaks. ► Thomas M. Flanagan • Flanagan Partners • New Orleans For more information or to register online, visit www.lsba.org/cle

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Louisiana Bar Journal Vol. 66, No. 2 149 Young LAWYERS CHAIR’S MESSAGE... SPOTLIGHT... YLD NEWS

The DLS is not specific to hurricane CHAIR’S MESSAGE response. When the Baton Rouge re- gion experienced devastating flooding Attorney Volunteers Essential to Success of in 2016, the DLS hotline was activated and provided legal services to impacted YLD Disaster Legal Services Program residents for seven months (August 2016-February 2017). By Dylan T. Thriffiley While this program is organized by his time of year always causes Legal Services the ABA and LSBA young lawyers, at- me to reflect on my time here Program (DLS). torney volunteers are essential to its in Louisiana. I moved from When there is a pres- success. Any Louisiana-licensed attor- Tennessee to Baton Rouge identially declared ney can volunteer to work the hotline, Tright smack in the middle of August disaster, FEMA and answer disaster-related questions online 2005. As if the August heat in south the ABA YLD work through LA.freelegalanswers.org or vol- Louisiana wasn’t enough to get me ac- with the state and lo- unteer with local pro bono programs to climated to my new home, a short two cal bar associations handle cases. Disaster issues might in- weeks later, Hurricane Katrina made and civil legal aid clude bankruptcy, contractor problems, landfall and life around here has never Dylan T. Thriffiley groups to provide landlord/tenant issues, wills and insur- been the same. free legal assistance ance. If you are interested in learning Returning to law school in the days to low-income disaster survivors via a more about DLS or how to volunteer, and weeks after Katrina opened my eyes toll-free hotline. The legal assistance ho- email Dani Borel at danielle.borel@ to a sense of community and culture that tline is able to be immediately activated bswllp.com or Rachael M. Mills at ra- I had never before witnessed. What I and runs for as long as is needed based [email protected]. didn’t know at the time is that the scope on call volume and frequency. For the As my law school classmates and I pre- of services and resources available in Louisiana State Bar Association (LSBA) pare for our 10-year reunion in October times of disaster extend far beyond Young Lawyers Division, this program and reminisce about our unusual first se- housing and MREs. is overseen by our ABA YLD represen- mester in the fall of 2005, I hope we don’t The American Bar Association Young tative, Danielle L. Borel, who serves as have a need to activate DLS during this Lawyers Division (ABA YLD) partners the liaison between the ABA and LSBA hurricane season. But if we do, I am hon- with FEMA to provide disaster victims young lawyers. The hotline is adminis- ored to be part of an organization that is free, quality, timely and efficient legal tered through the Louisiana Civil Justice capable and ready to respond. help through the ABA YLD Disaster Center. YOUNG LAWYERS DIVISION NEWS Get the latest Young Lawyers Division news online Y L Go to: www.lsba.org/YLD D The Young Lawyers Division Web site is a public service of the LSBA-YLD Council, providing YLD information to the public and communicating with YLD members.

150 August / September 2018 YOUNG LAWYERS Jesuit High School Wins 2018 State SPOTLIGHTYOUNG LAWYERS SPOTLIGHT High School Mock Trial Competition Paul H. Scott he mock trial team from Jesuit Bhattacharjee, Omer Israeli, Kiera Lesky, High School in New Orleans Carter Nugent, Luke Vedros and Jacob Baton Rouge was the winner of the 2018 Zanca. Richard N. Ware IV State High The State High School Mock Trial The Louisiana TSchool Mock Trial Competition. The com- Competition is the culmination of four State Bar Assoc- petition was March 10 at the 24th Judicial regional championships. The project is iation’s (LSBA) District Court in Gretna. coordinated annually by the Louisiana Young Lawyers The members of the Jesuit team are State Bar Association’s Young Lawyers Division Council is Nathan Alvarez, Gabe Dupuy, Ethan Division. The competition is named in spotlighting Baton Erhardt, Christian Lacoste, Nick Leonik memory of the Hon. Richard N. Ware IV, Rouge attorney Paul and Manuel Molina. Molina also was who enthusiastically volunteered for nearly H. (Woody) Scott. recognized as Best Attorney, and Leonik a decade as the presiding judge of the final Born in was recognized as Best Witness. The round of the Louisiana High School Mock Honduras, Scott Paul H. Scott Jesuit team went on to compete in the Trial Competition. moved to New 2018 National High School Mock Trial This year’s state case, State of Louisiana Orleans when he was 2 years old. He at- Championship in Reno, Nev. v. Hendrix Rhodes, was written by the tended Louisiana State University and Second place honors went to the mock members of the University of Louisiana- LSU Paul M. Hebert Law Center, gradu- trial team from Haynes Academy for Monroe Mock Trial Team. ating in 2008. Since his law school grad- Advanced Studies (Metairie) — Adija uation, he has been practicing immigra- tion and criminal defense. He formed his own firm, The Scott Law Firm, in 2010 which now has four attorneys and 16 sup- port staff. He enjoys not only the practice of law but also the business of law. He was drawn to immigration law because of his roots of being born in a foreign country and watching family members navigate the immigration system. A large part of his practice is dedicated to representing immigrants charged with crimes in the criminal court system who are trying to avoid negative consequences to their im- migration status. Scott is active with the American Scott L. Sternberg, right, received the Louisiana Immigration Lawyers Association and is Press Association’s (LPA) President’s Award for treasurer of the LSBA’s Immigration Law his work with the association. Presenting the Section. award was Garland Forman, LPA past presi- dent. Sternberg is currently serving as chair- He currently lives in Baton Rouge elect of the Louisiana State Bar Association’s with his wife, Jennifer, two children and Young Lawyers Division. two dogs. When he is not practicing law, The Southeast Louisiana Legal Services’ he is usually training for the next triath- Northshore Pro Bono Project’s Wills for Heroes SEND YOUR NEWS! lon, marathon or race, mainly because event was conducted May 4 at the St. Tammany The Louisiana Bar Journal Parish Sheriff’s Office. A total of 39 first respond- he believes that the practice of law is not would like to publish news and punishing enough (LOL). ers had wills, living wills and powers of attorney drafted, signed and notarized, thanks to several photos of your activities and Follow him on instagram or twitter lawyer volunteers. Among the attorneys volun- accomplishments. at Woody12345 or on Facebook at Paul teering their services were Joseph B. Harvin, “Woody” Scott. Dorian L. Tuminello, Frances M. Strayham, Email your news items and photos to: Kim Vanderbrook, Adam P. Johnson, James E. LSBA Publications Coordinator Moorman III, Janet L. MacDonell, Roy K. Burns, Darlene LaBranche at Andrea E. Potter, Patricia R. Bonneau, Elena M. [email protected]. Perez, Gary Higgins, Cynthia M. Bordonaro, Catharine O. Gracia and Kasi Brannan.

Louisiana Bar Journal Vol. 66, No. 2 151 Louisiana Center for

LouisianaCENTER FOR LCLCE LAW & CIVIC Education LAW & CIVIC EDUCATION LAW DAY... ACE 74 Law Day Programs Presented Statewide he Louisiana Center for Law Peter M. Mansfield, Judy P. Martinez, and Civic Education (LCLCE) Matt D. McConnell, Jackie M. McCreary, this year organized 74 Law Day Elizabeth B. McDermott, Ebonee R. presentations throughout the Norris, Mark A. Myers, Gary M. Parker, state,T reaching more than 3,900 students. DeVonna M. Ponthieu, James C. Rather, Attorneys and judges volunteered their Jr., Celeste H. Shields, Roger A. Stetter and time to present in-class programs in all six Micah C. Zeno. Louisiana congressional districts and at all Schools participating in the Law Day grade levels. activities included Bastrop High School, Attorney Debra K. Henkels, center, discussed The LCLCE, working through the Boyet Junior High School, C.E. Byrd High “Sorting Out the Courts” at a Slidell Lions Club “Lawyers in the Classroom/Judges in the School, Cohen College Prep, Comeaux meeting, part of the new Adult Civics Education Classroom” programs, endeavors to cel- High School, Coteau Bayou Blue (ACE) program. From left, Ginny Payne, Slidell ebrate Law Day in schools that may not Elementary School, Huntington School Lions Club vice president; Henkels; and Slidell Lions Club Lion Tamer Johnny C. Crow. otherwise have a Law Day event. of Excellence, Immaculate Conception Several judges participated in the Law Cathedral School, Jesus Good Shepherd Day programs this year, including Judge School, Joseph J. Davies Elementary Slidell Lions David W. Arceneaux, Judge Aisha S. Clark, School, Lycee Francais de la Nouvelle Judge John E. Conery, Judge June Berry Orleans, Martha Vinyard Elementary Club Hosts Adult Darensburg, Judge Katherine C. Dorroh, School, New Iberia Senior High School, Judge Lee V. Faulkner, Jr., Judge Benjamin Northside Christian School, Notre Dame, Civics Education Jones, Judge Lawrence L. Lagarde, Jr., Nunez Community College, Quest School, Judge Terri F. Love, Judge Lewis H. St. James Parish 4-H Achievement Day, Program Pitman, Jr., Judge J. Wilson Rambo, Judge New Roads STEM Academy, Tchefuncte D. Kent Savoie, Judge Curtis Sigur and Middle School, Walker High School, The Slidell Lions Club recently hosted Judge Marie B. (M’elise) Trahan. William J. Fischer Elementary School, an Adult Civics Education (ACE) pre- Several attorneys participated in the pro- Woodlawn Leadership Academy and sentation at its weekly meeting. ACE, a grams, including Rebecca K. Bayless, Teri Young Audiences Charter School. new program sponsored by the Louisiana L. Black, Alison C. Bondurant, Caroline The “Lawyers in the Classroom/Judges District Judges Association, the Louisiana F. Bordelon, Elizabeth Borne, Jeanette E. in the Classroom” programs are a part- State Bar Association and the Louisiana DeWitt-Kyle, Mary L. Dumestre, Lauren nership of the Louisiana District Judges Center for Law and Civic Education, in- E. Godshall, A. Spencer Gulden, Michael Association, the Louisiana State Bar cludes multiple educational presentations A. Harowski, William (Ken) Hawkins, Association and the LCLCE. designed for civic and community groups/ forums. Attorney Debra K. Henkels pre- sented a program on “Sorting Out the Courts,” followed by a question-and-an- swer session. Community and civic groups interested in an ACE presentation are encouraged to contact the Louisiana Center for Law and Civic Education, (504)566-1600. More in- formation about the program can be found online at: www.lalce.org. Attorney Jeanette E. DeWitt-Kyle presented a Law Day program at Immaculate Conception Cathedral School in Lake Charles.

152 August / September 2018 Offering Statewide Professional Mediators, Arbitrators, Umpires & Special Master Services

Robert Dampf Donald Armand, Jr. Daniel Balhoff Patrick Briney RobertBaton Rouge Burns, Jr. Robert Burns, Sr. David Butler David Clement

David Butler Baton Rouge

Doug Moreau Jeff Cole Baton Rouge Rene DeRojas Ward Fontenot Carey Guglielmo Trippe Hawthorne James Cobb, Jr. Robert Dampf

Michael Helm William Helm M. “Kip” Holden Brian Homza Richard Hymel Steven Judice Thomas Juneau Sr.

Scott Kaiser Rick Kingrea A.J. Krouse Andrew Lemmon Jim Lochridge Kate Loos Peggy Landry

Scott Love Lynn Luker Dan Lund Chris Moody Doug Moreau Hodge O’Neal Darrel Papillion David Butler

Michael Ponder Mike Pulaski Keith Richardson Keely Scott Dan Parker John Perry Jonathon Perry

Tom Solari Emmett Sole Randy Theunissen Aub Ward Paul West Chet Traylor Myron Walker 721 Government St, Suite 102 www.perrydampf.com Louisiana Bar Journal Vol.Baton 66, No. Rouge, 2 LA153 70802 225.389.9899 JUDICIALNotes By David Rigamer, Louisiana Supreme Court JUDGES... APPOINTMENTS... RETIREMENTS

New Judges State University and Retirements her JD degree, cum Dale N. Atkins laude, in 2005 from ► 9th Judicial District Court Judge was elected judge, Southern University Thomas M. Yeager retired effective 4th Circuit Court of Law Center (member April 30. He earned his BA degree from Appeal. She earned of the Law Review Louisiana State University and his JD her BA degree in 1980 Board). She was staff degree from Southern University Law from the University attorney at the 19th Center. He was elected to the 9th JDC in of Notre Dame and JDC from 2008-10. 1996 and founded the district’s drug court her JD degree in She taught criminal Kina T. Kimble program in 1997. Prior to his election to the 1983 from Southern and juvenile law as an bench, he served as a prosecutor in Rapides adjunct professor at Southern University Parish. Methodist University. Dale N. Atkins After law school, she Law Center from 2010-15. She served as ► 19th Judicial District Court Judge served as an assistant district attorney for a public defender in East Baton Rouge Anthony J. Marabella, Jr. retired effec- Orleans Parish. In 1989, she was elected Parish from 2013 until her election to the tive April 30. He earned his BS and JD clerk of court for Orleans Parish Civil bench. She is the parent of one child. degrees in 1970 and 1973, respectively, District Court, becoming Louisiana’s first Ellen M. Hazeur from Louisiana State University. Prior to African-American woman clerk of a dis- was elected judge, his 2003 election to the 19th JDC bench, trict court. She served in that capacity until Division A, Orleans he served as an assistant parish attorney, her election to the 4th Circuit. In 1995, she Parish Civil District an assistant district attorney and an assis- received the Louis A. Martinet Presidential Court. She earned tant public defender in East Baton Rouge Award. Judge Atkins is the parent of one her BA degree in Parish. He also served as an ad hoc judge child. 1986 from Xavier in Baton Rouge City Court and as a moot Fred T. Crifasi University and her JD court instructor at LSU. was elected judge, degree in 1991 from Division H, 19th Tulane University Ellen M. Hazeur Deaths Judicial District Law School. She Court. He earned served on the New Orleans City Council ► Retired Orleans Parish Civil District his BS and JD de- from 1994-2000 and as clerk of New Court Judge George C. Connolly, Jr., 89, grees in 1986 and Orleans’s 1st City Court from 2000 until died March 26. He earned his AB, LLB 1992, respectively, her election to the bench. Judge Hazeur is and BBA degrees in 1947, 1950 and 1952, from Louisiana State married to Ernest Colbert, Jr. and they are respectively, from Loyola University. the parents of one child. University (member Fred T. Crifasi He was appointed commissioner of the of the Moot Court Orleans Parish Civil District Court by the Board). He was in private practice for more Appointments court’s judges in 1961, named judge ad than 25 years and was a law partner of re- hoc in 1968, and appointed judge, Division tired 19th JDC Judge Anthony J. Marabella, ► Charles V. Cusimano III and J, by Louisiana Gov. John J. McKeithen Jr. He received the Pro Bono Publico Award Angelette A. Jackson were reappointed, in 1970. He served there until his retire- from the Louisiana State Bar Association in by order of the Louisiana Supreme Court, ment in 1996. He served in the Louisiana 2004 and is a past president of the Baton to the Judicial Campaign Oversight National Guard for 37 years and was Rouge Bar Association. Judge Crifasi is Committee for terms of office ending on awarded the U.S. Army Commendation married to Lorraine D. Crifasi and they are April 21, 2022. Medal, the U.S. Army Meritorious the parents of three children. ► Retired Judge Eugene W. Bryson, Jr. Service Medal and the Selective Service Kina T. Kimble was appointed com- and Sheri M. Morris were reappointed, by Award while serving as director of selec- missioner, Division B, 19th Judicial District order of the Louisiana Supreme Court, to the tive service for Louisiana. He co-authored Court. She earned her BS and BA degrees, Judicial Campaign Oversight Committee The History of the Courts in the Parish of magna cum laude, in 2001 from Grambling for terms of office ending on April 30, 2022.

154 August / September 2018 Orleans with Louisiana Supreme Court 26. He earned his BA degree in 1965 from served as district attorney for the 31st Chief Justice Walter H. Hamlin. Louisiana State University in New Orleans Judicial District from 1953-78 and as ► Retired 25th Judicial District (LSUNO) and his JD degree in 1973 from judge for the Jennings City Court and Court Judge Anthony D. Ragusa, Jr., 69, Loyola University College of Law. Prior to Ward II from 1985 until his retirement in died March 27. He earned his bachelor’s his election to the bench, he served as an 1993. In retirement, he served as judge pro and JD degrees from Louisiana State assistant district attorney in both Orleans tempore for several judicial districts and University. Prior to his 1999 election to and Jefferson parishes and as an assis- the 3rd Circuit Court of Appeal. the 25th JDC bench, he practiced law for tant U.S. attorney for the Eastern District ► Orleans Parish Civil District Court 26 years and served as an assistant district of Louisiana. He was elected to the 24th Judge Clare F. Jupiter, 65, died May 18. attorney for 14 years. He retired in 2008. Judicial District Court in 1995 and to the She earned her BA degree in 1974 from ► Retired 23rd Judicial District Court 5th Circuit Court of Appeal in 2000. He Yale University and her JD degree in 1978 Judge Glynn A. Long, 90, died April 19. He served there until his retirement in 2012. In from Duke University. She was the first graduated valedictorian of his high school retirement, he continued to serve through female partner in Bryan, Jupiter, Lewis class in Donaldsonville. He was a veteran ad hoc appointments, including an appoint- & Blanson (previously named Jefferson, of the U.S. Air Force and served in the ment to the Louisiana Supreme Court. Bryan, Gray & Jupiter). She was the first Pacific Theatre during WWII. He earned ► Retired Jennings City Court Judge female and African-American to serve his BS degree from the University of Bernard N. Marcantel, 94, died May 9. as outside general counsel to the Orleans Illinois and his JD degree from Louisiana He graduated valedictorian of his high Parish School Board. She also served State University Law School. Prior to his school class in Oberlin. He served in the on the Louisiana Attorney Disciplinary 1991 election the 23rd JDC bench, he was U.S. Army during WWII. After his mili- Board and on the Louisiana State Bar city attorney for the City of Donaldsonville tary service, he earned his BS degree in Association’s Rules of Professional and senior member of the firm Long & 1946 from the University of Louisiana at Conduct Committee and the Practice Long. He retired from the bench in 1996 Lafayette and his JD degree in 1949 from Assistance and Improvement Committee. and returned to private practice. the University of Chicago (Law Review). She was elected to Orleans Parish Civil ► Retired 5th Circuit Court of Appeal He received a second JD degree in 1950 District Court in 2011 and was re-elected Judge Walter J. Rothschild, 81, died April from Tulane University Law School. He without opposition in 2014.

Barrios, Kingsdorf & Casteix, LLP WELCOMES JOSEPH I. GIARRUSSO III TO THE BKC TEAM.

Joe Giarrusso joined BKC as of counsel in 2018. After a year-long appellate clerkship, he went into private practice extensively litigating cases in state and federal court for the next fifteen years. Joe will continue his general litigation practice at the firm, focusing his practice on litigation in all Louisiana state courts.

[email protected] | 504.524.3300 701 POYDRAS STREET, SUITE 3650, NEW ORLEANS, LOUISIANA, 70139

Louisiana Bar Journal Vol. 66, No. 2 155 PEOPLE LAWYERS ON THE MOVE . . . NEWSMAKERS

joined the firm’s Baton Rouge office as an Scott M. Mansfield, Collin R. Melan- LAWYERS ON associate. con, Brad W. Cranmer and Kelley R. THE MOVE Dick, Jr. announce the formation of the Chehardy Sherman Williams Murray Re- law firm Mansfield, Melancon, Cranmer Michael B. Alker and James C. Rather, cile Stakelum & Hayes, L.L.P., announces & Dick, L.L.C., with offices in Baton Jr. announce the formation of the law firm that Sarah J.L. Christakis has joined Rouge and New Orleans. Baton Rouge Alker & Rather, L.L.C., located at Ste. B, the firm’s Metairie office as a partner and office: Ste. B, 2133 Silverside Dr., Baton 4030 Lonesome Road, Mandeville, LA Meredith E. Chehardy has joined the Rouge, LA 70808, (225)612-0800. New 70448; (985)727-7501; website www. Metairie office as an associate. Orleans office: Ste. 107, 318 Harrison Ave., alker-rather.com. New Orleans, LA 70124, (504)500-1108. Dué Guidry Piedrahita Andrews, L.C., Website: www.mansfieldmelancon.com. Baker, Donelson, Bearman, Caldwell & in Baton Rouge announces that C. Scott Berkowitz, P.C., announces that Matthew Courrege has joined the firm as an as- Preis, P.L.C., announces that Robert W. S. Chester has been elected as a share- sociate. Tschirn and Jason P. Wixom have joined holder in the firm’s New Orleans office. the firm’s New Orleans office. Also, Tessa P. Vorhaben has joined the Gallagher Benefit Services in Baton firm’s New Orleans office as of counsel. Rouge announces that Michael R. Baker Provosty & Gankendorff, L.L.C., in has been named area assistant vice presi- New Orleans announces that Lena D. Barrasso Usdin Kupperman Freeman & dent, compliance counsel for the South Giangrosso has been named a partner Sarver, L.L.C., in New Orleans announces Central Region and Heartland Region. in the firm. that Charles-Theodore Zerner has joined the firm as an associate. Jones Walker LLP announces that Jona- Stewart Robbins & Brown, L.L.C., an- than A. Hunter has joined the firm’s New nounces that Jamie D. Cangelosi has Breazeale, Sachse & Wilson, L.L.P., Orleans office as a partner. joined the firm as a member and will announces that Cody J. Waagner has practice in New Orleans.

Michael B. Alker John T. Andrishok Richard J. Arsenault Michael R. Baker Jeffrey M. Bassett Taylor J. Bassett

Thomas M. Keith J. Bergeron Jamie D. Cangelosi David R. Cassidy Meredith E. Sarah J.L. Benjamin Chehardy Christakis

156 August / September 2018 Construction Law Governing Committee Elizabeth Haecker Ryan, a director in NEWSMAKERSNEWSMAKERS for a three-year term. the New Orleans office of Coats Rose, P.C., was appointed vice chair of the Rolando A. Anillo, corporate counsel Clay J. Countryman, a partner in the American Bar Association’s Commercial at Florida Crystals Corp. in West Palm Baton Rouge office of Breazeale, Sachse Transportation Litigation General Com- Beach, Fla., and José R. Cot, a partner in & Wilson, L.L.P., was appointed secretary mittee for the 2018-19 term. the New Orleans firm of Hurley & Cot, of the American Bar Association Health A.P.L.C., were appointed to the adjunct Law Section’s Governing Council. David R. Sherman, a founding partner faculty of Tulane University Law School of the firm Chehardy Sherman Williams and taught a course on Cuban law and Jan M. Hayden, a shareholder in the Murray Recile Stakelum & Hayes, L.L.P., U.S.-Cuba relations. New Orleans office of Baker, Donelson, based in Metairie, was certified as a Bearman, Caldwell & Berkowitz, P.C., member of the Lawyers of Distinction. Richard J. Arsenault, a partner in the was elected to the American College of Alexandria firm of Neblett, Beard & Bankruptcy’s 2018-19 board of directors. Scott T. Whittaker, a member in the New Arsenault, will chair the 25th Annual Orleans office of Stone Pigman Walther Admiralty Symposium in New Orleans Hammond attorney Nicholas J. Mus- Wittmann, L.L.C., was elected chair of and the Complex Litigation Symposium carello, Jr. was elected to represent District the SoLA Super Region Committee, a in Napa, Calif., both in September 2018. 86 in the Louisiana House of Representa- partnership of the Baton Rouge Area tives. He will serve on the House Judiciary Chamber, Greater New Orleans, Inc. and Keith J. Bergeron, a partner in the Committee and the Administration of the South Louisiana Economic Council. New Orleans office of Deutsch Kerri- Criminal Justice Committee. gan, L.L.P., was elected to serve on the Continued next page American Bar Association’s Forum on

Clay J. Countryman C. Scott Courrege Brad W. Cranmer Kelley R. Dick, Jr. Monique Gougisha Murphy J. Doucette Foster III

Gregory D. Frost Lena D. Giangrosso Alan H. Goodman Emily Black Grey Richard T. Haik, Jr. David R. Kelly

Frank E. Richard D. Mark N. Mallery Scott M. Mansfield Eve B. Masinter Van R. Mayhall, Jr. Lamothe III Leibowitz

Louisiana Bar Journal Vol. 66, No. 2 157 PUBLICATIONSPUBLICATIONS Phillip A. Wittmann and Paul L. Zimmering. Jr., John L. Robert and Jonathan L. Woods, Taylor, Porter, Brooks & Phillips, Top Lawyers. Chambers USA 2018 L.L.P. (Baton Rouge): Michael A. Craw- Barrasso Usdin Kupperman Freeman ford, Anne J. Crochet, Vicki M. Crochet, New Orleans CityBusiness & Sarver, L.L.C. (New Orleans): Judy Y. Harry J. (Skip) Philips, Jr., Patrick D. Seiter Lamothe Law Firm, L.L.C. (New Barrasso, George C. Freeman III, Stephen and Fredrick R. Tulley. Orleans): Frank E. Lamothe III, Leader- H. Kupperman, H. Minor Pipes III, Richard ship in Law Class 2018 and Leadership in E. Sarver and Steven W. Usdin. Louisiana Super Lawyers 2018 Law Hall of Fame. Breazeale, Sachse & Wilson, L.L.P. Morrow, Morrow, Ryan, Bassett & (Baton Rouge, New Orleans): John T. An- Haik (Opelousas, Lafayette, New Iberia): drishok, Thomas M. Benjamin, David R. Jeffrey M. Bassett, Taylor J. Bassett, People Deadlines Cassidy, Clay J. Countryman, Murphy Richard T. Haik, Jr., Patrick C. Mor- & Notes J. Foster III, Gregory D. Frost, Alan H. row, Sr., P. Craig Morrow, Jr. and James Goodman, Emily Black Grey, David R. P. Ryan. Deadlines for submitting People Kelly, Richard D. Leibowitz, Eve B. Ma- Preis, P.L.C. (Lafayette): Charmaine B. announcements (and photos): sinter, Van R. Mayhall, Jr., E. Fredrick Borne, Robert M. Kallam, Brian J. Lindsey, Preis, Jr. and Claude F. Reynaud, Jr. Edwin G. Preis, Jr., Mandy A. Simon and Publication Deadline Fisher & Phillips, L.L.P. (New Or- Jonathan L. Woods. Dec. 2018/Jan. 2019 Oct. 4, 2018 leans): Walter W. Christy, Sandra Mills Feingerts, Edward F. Harold, Keith M. Benchmark Litigation 2018 Feb./March 2019 Dec. 4, 2018 Pyburn, Jr. and Timothy H. Scott. Barrasso Usdin Kupperman Freeman April/May 2019 Feb. 4, 2019 Ogletree, Deakins, Nash, Smoak & & Sarver, L.L.C. (New Orleans): Judy Y. Announcements are published free of Stewart, P.C. (New Orleans): Monique Barrasso, Kristin L. Beckman, Stephen L. charge for members of the Louisiana Gougisha Doucette, Mark N. Mallery Miles and Kyle W. Siegel. State Bar Association. Members may and Christopher E. Moore. publish photos with their announcements Stone Pigman Walther Wittmann, Acadiana Profile Magazine 2018 at a cost of $50 per photo. Send L.L.C. (New Orleans): Barry W. Ashe, Morrow, Morrow, Ryan, Bassett & announcements, photos and photo Joseph L. Caverly, Noel J. Darce, Daria Haik (Opelousas, Lafayette, New Iberia): payments (checks payable to Louisiana B. Diaz, Michael R. Fontham, John M. Jeffrey M. Bassett, Patrick C. Morrow, State Bar Association) to: Publications Landis, Wayne J. Lee, Paul J. Masinter, C. Sr., P. Craig Morrow, Jr. and James P. Coordinator Darlene M. LaBranche, Lawrence Orlansky, David C. Rieveschl, Ryan, Top Lawyers. Louisiana Bar Journal, 601 St. Charles Michael R. Schneider, Dana M. Shelton, Preis, P.L.C. (Lafayette): John F. Colo- Ave., New Orleans, LA 70130-3404 or Susan G. Talley, Michael Q. Walshe, Jr., wich, Robert M. Kallam, Catherine M. email [email protected]. Scott T. Whittaker, Rachel W. Wisdom, Landry, Brian J. Lindsey, Edwin G. Preis,

Collin R. Melancon Christopher E. Patrick C. P. Craig E. Fredrick Preis, Jr. James C. Rather, Jr. Moore Morrow, Sr. Morrow, Jr.

Claude F. Elizabeth Haecker James P. Ryan David R. Sherman Cody J. Waagner Charles-Theodore Reynaud, Jr. Ryan Zerner

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Louisiana Bar Journal Vol. 66, No. 2 159 NEWS EVENTS... LOCAL BARS... LBF

UPDATE LASC Hosts Port-au-Prince Bar Association Delegates ouisiana Supreme Court Chief Justice Bernette Joshua John- son hosted Port-au-Prince Bar Association Bâtonnier Stanley LGaston April 3 at the Louisiana Supreme Court building. Louisiana State Bar Association (LSBA) 2017-18 President Dona Kay Renegar joined a delegation of expat Haitian New Orleans business and cultural leaders, Warren A. Perrin and represen- tatives from the LSBA’s Francophone Section and U.S. 5th Circuit Court of Appeals Chief Judge Carl E. Stewart to commemorate the partnership between the Congrès of International Conference of Bar Associations of Common Légal Traditions (CIB) and the LSBA. Gaston initiated the collaboration to activate the LSBA’s membership with the The Haitian delegation toured the Louisiana Supreme Court building during the April visit, including CIB, citing shared French history and the a stop in the rare books collection. Seated from left, Emeline Dessé and Fenelle Guillame. Standing need to generate diversity within the CIB. from left, Warren A. Perrin, co-chair of the Louisiana State Bar Association (LSBA) Francophone Sec- “The connection between Haiti and tion; Mary Perrin; Law Library Director Miriam Childs; Louis R. Koerner, Jr., co-chair of the LSBA Louisiana cannot be overstated,” Chief Francophone Section; and Jean Guy Celestin. Justice Johnson said. “The Haitian Revo- Mémoire historique et politique sur la lution influenced American history. Who, Louisiane texts. if anyone, can imagine America without “Our historic ties to Haiti, with empha- the Louisiana Purchase? The trajectory sis on the Revolution and the migration of this country changed, and Louisiana’s from Haiti to Louisiana, are unique, and cultural identity was fortified. Here we they are the basis for cultivating a strong are, a little over two hundred years later, relationship with Port-au-Prince. While Haiti’s influence will reinvigorate the we have an eye on moving forward, it Francophone Section of the LSBA, while is always good to know from whence strengthening and diversifying the CIB,” we came. Most importantly, the partner- she added. ship will help to preserve our Louisiana The delegation toured the Supreme French-speaking heritage,” Renegar said. Court building including a visit to the rare books collection. Gaston had particular interest in Traité d’économie politique Louisiana Supreme Court Chief Justice Bernette Joshua Johnson, left, hosted Port-au-Prince Bar et de commerce des colonies, 1804 Association Bâtonnier Stanley Gaston, center, at Code Civil Français, De la législation the Louisiana Supreme Court building in April. et de l’administration des colonies and Also attending the event was Louisiana State Bar Association 2017-18 President Dona Kay Renegar.

160 August / September 2018 LOCAL/SPECIALTY BARS Flood Proof Project Exceeds $6M in Economic Benefits for Disaster-Impacted Communities

More than 300 disaster-impacted home- owners in the Baton Rouge were assisted, to date, by the Flood Proof Project, unlocking more than $6 million in flood recovery fund- ing and other economic benefits. More than 100 judges, bar leaders, nonprofit partners, law students, pro bono volunteers and commu- nity stakeholders attended the May 17 ribbon-cutting and open house for Southeast Louisiana Legal Flood Proof, a collaborative project in- Services’ (SLLS) new offices, located at Ste. 600, 1340 Poydras St., New Orleans. The office’s conference cluding nonprofits, law schools and funders, room was named for SLLS’ former Executive Director Mark A. Moreau, who died in 2014. The Entergy has aided families in the Baton Rouge area Legal Department and attorney Fred L. Herman donated the conference table and chairs. Cutting the by educating them on “heir property,” navi- ribbon, from left, Roxanne S. Newman, SLLS deputy director; Laura Tuggle, SLLS executive director; Janine Moreau Mansour; and Chin-Chin Ho Moreau. gating the legal process to obtain proof of ownership, and advocating to policy-makers for improved inheritance and succession procedures. The project provided free legal services to eligible, flood-impacted homeowners living in East Baton Rouge, Ascension, Livingston, Iberville and Pointe Coupee parishes. Support was provided by the W.K. Kellogg Foundation, the Baton Rouge Area Foundation, Equal Justice Works, the Greater New Orleans Foundation and the Louisiana Bar Foundation. Project partners included Southeast Louisiana Legal Services, Loui- siana Appleseed, Southern University Law Center, the Baton Rouge Bar Association, the Louisiana State University Paul M. Hebert Louisiana Supreme Court Chief Justice Bernette Joshua Johnson hosted students from L.B. Landry- Law Center and the American Bar Associa- O.P. Walker College and Career Preparatory High School and McDonogh 35 Senior High School at the Louisiana Supreme Court building in observance of Law Day. “Separation of Powers: Framework for tion Center for Innovation. Freedom” was the theme for the 60th observance of Law Day. Nearly 70 students sat in on oral arguments before the Supreme Court on May 1. The students also toured the Louisiana Supreme Court Museum and Law Library of Louisiana. Shreveport Red Mass Society Hosts Annual Event The Red Mass Society of Shreveport hosted the 26th annual Red Mass at Holy Trinity Catholic Church on May 4. The Rev. Matthew Tyler Long, a Louisiana licensed lawyer and ordained Catholic priest, delivered the homily imbued with his unique perspective of a trained lawyer and experienced priest. Rabbi Jana De Benedetti read the first read- ing in Hebrew and English. The second reading was delivered by U.S. 5th Circuit Court of Appeals Chief Judge Carl E. Stewart. This year’s honoree was Christian Service and Hope Connections which provides outreach programs to the needy citizens and families of the Shreveport/ Bossier community. Arthur R. Carmody, Jr., celebrat- Attending the 26th annual Red Mass in Shreveport in May were, from left, Hon. Tony Clason; ing his 90th birthday, was the event chair. Lawrence W. Pettiette, Jr., event co-chair; Zelda W. Tucker, protocol chair; and Thomas H. Cook, new member of the Red Mass Society.

Louisiana Bar Journal Vol. 66, No. 2 161 LOUISIANA BAR FOUNDATION President’s Message LBF’s Strategic Planning Goals for 2018 By 2018-19 President W. Michael (Mike) Street

he responsibility for meeting the the most inspiring, State Bar Association for its endorsement legal needs of Louisiana’s poor giving and hardwork- and joint event attendance, and remove falls on a network of nonprofit, ing individuals from the nomination requirement to become a civil legal aid organizations who across the state. They new Fellow; Tserve our poorest citizens. The Louisiana demonstrate their 2. Create a capital campaign for opera- Bar Foundation (LBF) is dedicated to commitment to legal tions support; funding civil legal aid through these or- representation for the 3. Create a marketing and branding ganizations. I am proud to announce that poor and improving campaign; the LBF board approved $5.8 million for our system of justice 4. With the ATJ Commission Funding social justice initiatives for the 2018-19 on a regular basis. W. Michael Street Committee, obtain new legislative ap- fiscal year. A detailed list of our grants These dedicated vol- propriation and transfer the Campaign to can be found on our website: www.rais- unteers truly exemplify the highest ideals Preserve Civil Legal Aid to the Funding ingthebar.org. of our profession. Committee; I recently had the pleasure of meeting This year the LBF will continue our 5. Enhance the grantee outreach pro- many of the representatives from these civil commitment to serving all Louisiana gram to include online audits, onsite visits legal aid organizations as I spent my first households in poverty and we are working and operation policy review. month as LBF president traveling the state hard to make this a reality. During the recent Investing in civil legal aid helps people to our regional Annual Fellows events. Our LBF Strategic Planning, the LBF leader- solve critical problems and prevents events grantees are organizations that provide free ship outlined a detailed plan to evaluate that are personally harmful and expensive representation or other legal assistance to and maximize resources and outcomes for for society. Funding for civil legal aid will low-income and vulnerable people who future years, find more sustainable forms of have a ripple effect, impacting not only cannot otherwise afford legal help. These income to support civil legal aid initiatives the families served, but the community at organizations make a difference in the lives and current grantees, and to better fund the large. Schools, businesses, government of countless Louisiana citizens who have legal services corporations. agencies and the state as a whole benefit limited means. These events, hosted by our Strategic Planning goals for 2018 from resolving civil legal problems. For local Community Partnership Panels, also include: more LBF information, go to: www.rais- allowed me the opportunity to meet many 1. Create a membership drive plan ingthebar.org. of our Fellows. Our Fellows are some of that would collaborate with the Louisiana Renegar Receives LBF President’s Award Dona Kay Renegar, the 2017-18 presi- mission and goals. She has been a LBF fel- dent of the Louisiana State Bar Associa- low since 2000, served on the LBF board tion (LSBA), received the Louisiana Bar of directors and on several committees and Foundation’s (LBF) President’s Award chaired a grants subcommittee for many from 2017-18 LBF President Valerie years. She is dedicated to advancing the Briggs Bargas. LBF’s goals of funding civil legal aid and Renegar, a member in the firm of promoting access to justice and accom- Veazey Felder & Renegar, L.L.C., in La- plishes these goals through her work on Dona Kay Renegar, right, the 2017-18 president of the fayette, was recognized for her support, the LSBA’s Board of Governors and the Louisiana State Bar Association, received the Loui- dedication and advancement of the LBF’s Louisiana Access to Justice Commission. siana Bar Foundation’s (LBF) President’s Award from 2017-18 LBF President Valerie Briggs Bargas.

162 August / September 2018 Louisiana Bar Foundation Welcomes New Fellows The Louisiana Bar Foundation announces new Fellows: Brittany S. Arvie...... Shreveport Christopher J. Brault...... Baton Rouge John Clayton Caraway...... Bossier City Antonio M. DaMaia...... New Orleans Kelly Engle...... River Ridge Robert H. Ford...... Houston, TX Alexandra T. Giavotella...... New Orleans Courtney N. Harris...... Shreveport G. Trippe Hawthorne...... Baton Rouge Jasmine Antoinette Heatly...... Baton Rouge Edwin F. Hunter III...... Lake Charles

Rebecca Huskey...... New Orleans The 2018-19 Louisiana Bar Foundation’s officers were installed at the 32nd annual Fellows Gala in April. Anne C. Lemelin...... New Orleans From left, Secretary Harry J. (Skip) Philips, Jr., Baton Rouge; Treasurer Christopher K. Ralston, New Michael Jones, Jr...... Baton Rouge Orleans; Vice President Amanda W. Barnett, Alexandria; and President W. Michael Street, Monroe. Alana M. Perrin...... Gonzales Photo by Scott Threlkeld. Taylor M. Robinson...... Lafayette Jessica L. Salafia...... New Orleans LaKendra D. Turner Sampson. Baton Rouge Street to Lead LBF’s Rebecca F. Schiller...... New Orleans Jaimelle N. Thomas...... Baton Rouge Hon. K. Anastasia Wiley...... Winnfield Aaron R. Wilson...... Bossier City 2018-19 Board W. Michael Street of Monroe was his law degree from Tulane University Law installed as the 2018-19 president of the School. Louisiana Bar Foundation (LBF) on Philips is the managing partner of Taylor, April 20. Other officers are Vice President Porter, Brooks & Phillips, L.L.P., in Baton Amanda W. Barnett, Alexandria; Treasurer Rouge. He received his BS and JD degrees Christopher K. Ralston, New Orleans; and from Louisiana State University. Secretary Harry J. (Skip) Philips, Jr., Baton New board members are Jerry Edwards, Rouge. Shreveport; Karleen J. Green, Baton Street is a partner of Watson, McMillin Rouge; Eugene G. (Bubba) Gouaux, Jr., & Street, L.L.P., in Monroe. He received BA Lockport; Camille R. Jackson, Alexandria; degrees in philosophy and political science David E. Verlander III, Monroe; and from Centenary College of Louisiana and his Zebulon M. Winstead, Alexandria. JD degree from Louisiana State University Other members of the 2018-19 board Paul M. Hebert Law Center. of directors include are Valerie Briggs During Black History Month in February, the Barnett is general counsel and Bargas, Baton Rouge; Alan G. Brackett, Louisiana State Bar Association’s Diversity Com- corporate secretary for Red River Bank New Orleans; Hon. John C. Davidson, mittee and Adams and Reese, L.L.P., co-hosted a CLE, “The Civil Rights Issue of Our Time: 50 and Red River Bancshares, Inc., with Alexandria; George D. (Dave) Ernest Years after the Assassination of Dr. Martin Luther corporate offices in Alexandria. She III, Lafayette; Barry H. Grodsky, New King, Jr.,” which explored the state of the nation in received a BA degree in English literature Orleans; H. Dunbar Healy, Covington; the decades after the Supreme Court’s landmark from Newcomb College of Tulane Robert A. Kutcher, Metairie; Michael decision in Brown v. Board of Education. The CLE was moderated by Kellen J. Mathews, Adams University and her JD degree from LSU J. Mestayer, New Orleans; Kerry A. and Reese, L.L.P., far left. The panel featured, Paul M. Hebert Law Center. Murphy, New Orleans; Deidre Deculus from left, Chancellor John K. Pierre, Southern Ralston is a litigation partner and litiga- Robert, Baton Rouge; Shayna L. Sonnier, University Law Center; Dean Thomas C. Galligan, tion group coordinator at Phelps Dunbar, Lake Charles; Tina Crawford White, New Jr., Louisiana State University Paul M. Hebert Law Center; and Dean David D. Meyer, Tulane L.L.P. He received his undergraduate degree Orleans; and Sharonda R. Williams, New University Law School. from the College of William and Mary and Orleans.

Louisiana Bar Journal Vol. 66, No. 2 163 $6.7 Million for Social Justice Initiatives 2018-19 Annual/Sustaining Funding $3,716,456

Building Capital Development $100,000 Other Legal Service Providers $350,000 Innocence Project New Orleans $25,000 Catholic Charities Diocese of Baton Rouge $28,958 Metro Centers for Community Advocacy $25,000 Catholic Charities Archdiocese of New Orleans $39,458 Shreveport Bar Foundation $25,000 Catholic Charities of North Louisiana $40,000 Southeast Louisiana Legal Services $25,000 Frontline Legal Services, Inc. $46,458 Innocence Project New Orleans $90,000 Children’s Legal Services $125,000 Louisiana Center for Children’s Rights $11,458 Catholic Charities - Diocese of Baton Rouge $8,000 NO/AIDS Task Force dba CrescentCare $13,333 Catholic Charities Archdiocese of New Orleans $21,000 Southwest Louisiana Law Center $18,335 First Grace Community Alliance $11,000 St. Frances Cabrini Immigration Law Center $50,000 Louisiana CASA Association $7,000 The Ella Project $12,000 Louisiana Center for Children’s Rights $25,000 T.E.A.M.S. $36,000 Pro Bono Projects $350,000 The Advocacy Center $17,000 Baton Rouge Bar Foundation $70,000 Lafayette Bar Foundation $68,900 Domestic Violence Programs $500,000 Shreveport Bar Foundation $46,700 Beauregard Community Concerns $37,097 Southwest Louisiana Bar Foundation $24,900 Chez Hope, Inc. $76,400 The Central Louisiana Pro Bono Project, Inc $29,500 D.A.R.T. of Lincoln $33,734 The Pro Bono Project $110,000 Faith House, Inc. $36,081 Family Justice Center of Central Louisiana $14,613 Self-Represented Litigants Programs $35,000 Jeff Davis Communities Against Domestic Abuse $22,703 Louisiana Civil Justice Center $11,000 Metro Centers for Community Advocacy $38,520 Southeast Louisiana Legal Services $9,000 Oasis $21,379 The Pro Bono Project $15,000 Project Celebration, Inc. $38,520 Project SAVE $39,491 Child in Need of Care $2,240,000 Safe Harbor $15,408 Southeast Advocates for Family Empowerment (SAFE) $15,408 Discretionary Funding $135,000 St. Bernard Battered Women’s Program, Inc. $24,075 The Haven, Inc $36,495 Jock Scott Community Partnership Panel Grants are awarded The Wellspring Alliance For Families $50,076 throughout the year.

Law-Related Education $100,000 Special Program and Project Funding $445,150 Baton Rouge Bar Foundation $25,000 Baton Rouge Children’s Advocacy Center $13,000 Access to Justice Commission $30,000 Catholic Charities - Diocese of Baton Rouge $1,000 Access to Justice Fund Grants $40,000 Court Watch NOLA $3,000 ATJ Community Conference Training $5,000 Cristo Rey Baton Rouge Franciscan High School $1,000 Civil Legal Aid Network Portal $75,000 Louisiana Center for Children’s Rights $5,500 Lawhelps.org and Probono.net $12,650 Louisiana Center for Law and Civic Education $35,000 Louisiana Appleseed $95,000 LSBA Diversity Committee $1,000 Oral Histories $2,000 LSBA Young Lawyers Division $5,500 Pelican Center for Children and Families Youth Service Bureau of St. Tammany $10,000 Pro Hac Vice $123,500 Statewide Case Management System $62,000 Legal Services Corporations $2,100,000 Acadiana Legal Service Corporation $1,061,563 Scholarships, Fellowships, and other Southeast Louisiana Legal Services $1,038,437 funding projects $233,500

Loan Repayment Assistance Program $56,456 Kids’ Chance Scholarships $50,500 Scholar-in-Residence $3,000 Fellowships $180,000 As of 7/18

164 August / September 2018 experience, federal and state litigation. Any person(s) concurring with or oppos- ServicesSERVICES Available for briefs, research, court ap- ing this petition must file notice of same pearances, analysis of unusual or problem within 30 days with the Louisiana Attor- Texas attorney, LSU Law 1985. Admit- cases. References on request. Catherine ney Disciplinary Board, Ste. 310, 2800 CLASSIFIEDted in Louisiana and Texas. I am available Leary, (504)436-9648, statewide services, Veterans Memorial Blvd., Metairie, LA to attend hearings, conductADS depositions, ONLINE registered AT WWW.LSBA.ORG office Jefferson Parish. 70002. act as local counsel and accept referrals CLASSIFIED NOTICES for general civil litigation in the Houston Northwest Florida counsel. Louisiana Michael J. Riley, Sr. has applied for area. 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Louisiana Bar Journal Vol. 66, No. 2 Louisiana165 Bar Journal Vol. 64, No. 5 413

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166 August / September 2018 Minimum Qualifications, Conditions for Appointment as Special Assistant Attorney General in Risk Litigation

The minimum qualifications and 7. The attorney must be a subscriber conditions for appointment as a Special to an electronic billing program Additional Assistant Attorney General in risk liti- designated by the Office of Risk Requirements for gation are listed below. Management or, if applicable, the exempted institutions. the Defense of 1. The attorney shall be admitted to Medical Malpractice practice law in the state of Louisiana 8. The attorney should have a Martindale- unless the action is pending in another Hubbell rating of “distinguished” Claims state, in which event the attorney shall or better. be admitted to practice in the state 9. The attorney should have been 11. The attorney should have three years’ where the action is pending. admitted to and engaged in the experience in the defense of medical practice of law for a minimum of malpractice claims. 2. If the action is pending before a three years. federal court or other court of special 12. The attorney should have participated admission requirements, the attorney 10. The requirements set forth in 8 and as counsel of record in at least two shall be admitted to practice before 9 may be waived by the Attorney medical malpractice trials. such court. General, in which event the attorney will be placed in a probationary status 13. Professional malpractice limits shall 3. The attorney shall not be under for a period of three years. During the be at least $1 million per claim with suspension by the Louisiana Supreme period of probation, the attorney’s an aggregate of $1 million. Court or any court in which the action performance will be evaluated annually is pending. by the State Risk Administrator- 14. Requirements 11 and 12 may be Claims and the Assistant Director waived by the Attorney General, 4. The attorney and any attorney with for Litigation Management of the in which event the attorney will be whom he is engaged in the practice Office of Risk Management or, if placed on probation as to medical of law shall not represent any plaintiff applicable, the Director for the Office malpractice defense as provided in in any tort claim against the state of Risk Management of the exempted paragraph 10 above. and/or its departments, commissions, institutions, and the Director of the boards, agencies, officers, officials Litigation Program of the Louisiana or employees unless specifically Department of Justice. Conditions waived in writing by the Attorney In the event that the attorney’s 1. Any attorney appointed by the General and the Office of Risk performance is acceptable during the Attorney General serves at the Management, or, if applicable, the three-year probationary period, he pleasure of the Attorney General institutions exempted from the state shall be removed from probationary and may be removed by the Attorney risk management program pursuant to status. In the event the attorney’s General at any time without cause. La R.S. 17:3139.5(e)(i) (hereinafter performance is unsatisfactory, he may exempted institutions). be removed from the probationary list 2. Office of Risk Management or, if or, at the discretion of the State Risk applicable, exempted institutions, 5. The attorney shall not have a conflict Administrator-Claims, the Assistant may withdraw its concurrence of any of interest as provided by the Rules of Director for Litigation Management attorney only for cause. Professional Conduct of the Louisiana of the Office of Risk Management State Bar Association. or, if applicable, the Director for the 3. All contracts must comply with Office of Risk Management of the the Ethical Standards for Public 6. The attorney shall have and maintain exempted institutions, and the Director Servants, Title 42, Section 15, Part professional malpractice insurance with of the Litigation Program of the II of the Louisiana Revised Statutes, minimum coverage of $1 million per Louisiana Department of Justice, the including, but not limited to, La. R.S. claim with an aggregate of $1 million. probationary period may be extended. 42:1113.

Louisiana Bar Journal Vol. 66, No. 2 167 The Last WORD By Edward J. Walters, Jr. IPSE DIXIT: APOCRYPHA

o it was May 1991. Judge Henry ment. AND, Judge, it’s really, really hard (Hank) Politz, appointed to the to get an appointment with this particular U.S. 5th Circuit Court of Appeals hairdresser. You just DON’T cancel with in 1979 (chief judge, 1992-99), her. You just don’t.” Sagreed to speak at the Baton Rouge Bar Association’s Bench Bar Conference in Great story, right? You should have Perdido Key, Ala. heard Judge Politz tell it in his unparalleled Packed house. During his presentation, Cajun accent and huge friendly personal- Judge Politz told an entertaining story, as ity. I never forgot it. only he could tell one, about a time when, I called his son, Nyle, a lawyer in as a 5th Circuit judge, he wanted to have Shreveport, and he said he knew about some federal trial court experience and the story, and it’s a good story to be sto- asked the Chief Judge at the time to assign len, which others have done. He said he him to try cases in Texas federal district heard the story recently from an unnamed court in San Antonio. Shreveport lawyer who said it happened Judge Politz enthralled the audience to him in the 1990s in Shreveport. The with this story about one such trial. (Read missing juror was renamed Boudreaux The late Judge Henry (Hank) Politz, U.S. 5th this story in your mind with a deep Cajun Circuit Court of Appeals. Photo courtesy of the and sported curlers in her hair when she accent, like you were born in 1932 and Politz Family. returned to the courtroom. raised in Napoleonville — which he was Shocked, I said, “So where is THE Mrs. I asked Nyle if he thought the Politz sto- — an accent somewhere between Justin Rodriguez, and why isn’t she here?” ry was true. He said, “Ed, since you knew Wilson and John Folse, but better, more “Well, you see, Judge, my sister-in-law him personally, you might know that he animated and much more exaggerated.) asked me to ‘catch the jury’ today because never let the truth get in the way of a good she had a beauty parlor appointment to get story. Example, he wrote a law review ar- I was frustrated by three days of endless ready for an award dinner tonight where ticle for a law school in a neighboring state objections and sidebars. I warned the law- her husband was to be honored. It’s really, and in the introduction to the article the yers to stop all the needless objections and really important. She plans to be back later author of that foreword credited him with bickering. On the fourth morning, one of this afternoon to finish ‘catching the jury.’” jumping out of a burning airplane during the lawyers asked to approach for a side- Needless to say, everyone needed to his Air Force service in the early 1950s. bar. I said, “Buster, this better be good.” take a break, so I got all the lawyers in When I challenged him about allowing He said, “Your Honor, Juror Number 6 chambers to see if they would agree to them to print that blatant falsehood, his im- doesn’t look like the Mrs. Rodriguez who letting a five-person jury decide the case. mediate response was, ‘Oh, Nyle, nobody was there yesterday.” Defense counsel was in the process of ex- reads that law review.’” I must have had a puzzled look on my plaining why his client would not agree But for me, cher, I think it happened to face, like Whaaaat!?. Opposing counsel when a U.S. Marshal knocked on the door Judge Politz. I’m going with that. Anyway, said, “I think he’s right, your honor.” and escorted in the REAL Mrs. Rodriguez, I’m sure he tells the story much better than Whoa . . . How often does THIS come displaying the, er . . ., aesthetic profit from any of those impostors from Shreveport. up? Like . . . never. her brief absence. Edward J. Walters, Jr., a I looked at Juror Number 6 and thought, I was about to tear into her and deliver you know, they might be right. After all of partner in the Baton Rouge a thunderous tirade about direct contempt firm of Walters, Papillion, the jurors were excused for a break, except when Mrs. Rodriguez’s eyes teared up and Thomas, Cullens, L.L.C., for Juror Number 6, I asked her, “Ma’am, her lips quivered. is a former Louisiana State Bar Association secretary are you Mrs. Rodriguez?” She said, “Yes, She explained, “Your Honor, it’s really, sir, yes I am.” I said, “Have you been here and editor-in-chief of the really important for me to look good for my Louisiana Bar Journal. He since the beginning of this case?” She husband’s special night. My sister-in-law is a current member of the said, “No, sir. I am Mrs. Rodriguez’s sister- has a great memory and she promised she Journal’s Editorial Board and chair of the LSBA in-law, so I am, in fact, A Mrs. Rodriguez, was going to tell me EVERYTHING that just not THE Mrs. Rodriguez who was Senior Lawyers Division. went on. I didn’t want to bother you with ([email protected]; 12345 Perkins Rd., Bldg. 1, here yesterday.” something so silly like my hair appoint- Baton Rouge, LA 70810)

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