■ The ‘Brides in The Bath’ Case: The Other Crimes of George Joseph Smith ■ Humor: No patent for PBJ! www.tba.org ARTICLES 14 RUNNING OUT OF TIME? BEWARE OF THE ONE-YEAR STATUTE OF LIMITATIONS FOR STATUTORY PENALTIES By Jonathan O. Steen 26 THE ‘BRIDES IN THE BATH’ CASE: THE OTHER CRIMES OF GEORGE JOSEPH SMITH By Donald F. Paine NEWS & INFORMATION 6 Survey of state lawyer disciplinary systems reported by ABA 6 Tennessee Youth Court Program honored by national groups 7 Hume-Fogg continues winning streak in mock trial 7 Judicial discipline process now more transparent 12 Actions from the Board of Professional Responsibility DEPARTMENTS 3 President’s Perspective: A golden hour By Charles Swanson 5 Letters / Jest Is for All: by Arnie Glick On the Cover The one-year 8 The Bulletin Board: News about TBA members statute of limitation 28 Day on Torts: A primer on the law of negligent infliction for actions for statutory of emotional distress penalties can sneak up By John A. Day on you — and it can be hard to recognize 31 Paine on Procedure: Sanctions for failure to supplement because its application discovery responses is not well defined By Donald F. Paine under Tennessee law. Find out how to know, 3 2 4 0 Ye a r s : Mock trial, public service, highlight Young Lawyers’ endeavors beginning on page 14. Cover design by 34 But Seriously, Folks! No patent for PBJ! Landry Butler. Photos By Bill Haltom by Rubberball Productions and 35 Classified Advertising iStockphoto. PRESIDENT’S PERSPECTIVE Tell someone ‘thank you’ Journal Staff Suzanne Craig Robertson, Editor [email protected] A golden hour Landry Butler, Publications & Advertising Coordinator [email protected] Barry Kolar, Assistant Executive Director [email protected] rom the time you are a small child on Christmas Eve night you are acquainted with Editorial Board F the concept that not all time is equal. The Andrée Sophia Blumstein, Nashville, Chair concept of time can be elastic qualitatively as well Miles Mason Sr., Memphis Donald F. Paine, Knoxville as quantitatively. You have experienced this Nathan D. Rowell, Knoxville phenomenon many times over. As a child, you Charles W. Swanson Jonathan O. Steen, Jackson know that the days before the Christmas holiday President are interminable while the Christmas holiday itself seems to fly by in the twinkling of an eye. When you get a little older, that The Tennessee Bar Journal is listed in the great vacation trip is over before you know it but the hours you spend awaiting Index to Legal Periodicals. The Tennessee Bar the results of an important medical test grind by at an agonizingly slow pace. J o u r n a l, ISSN 0497-2325, is published by the Tennessee Bar Association at 221 Fourth Av e . From a qualitative standpoint, the time you spend on a honeymoon can be N., Suite 400, Nashville, TN 37219-2198, considered golden, while the time you spend responding to discovery requests is (615) 383-7421, monthly. Periodicals Postage copper at best, maybe even aluminum! The hour you spend with an infant Paid, Nashville, Tenn. Subscription price: $60 sleeping on your chest is a treasure while the hour you spend changing the oil per year. Members: $22 per year. Individual and filters on the car is the booby prize. (A few, more mechanically minded issues: $10 per copy. Back issues sold on an “as available” basis. Statements or opinions among you, may feel otherwise ... a word expressed herein are those of the authors and do of advice, don’t admit it to anyone!) “The time I spent not necessarily reflect those of the Te n n e s s e e You will notice that there does Bar Association, its officers, board or staff. appear to be a consistent relationship sending messages to P O S T M A S T E R: Send address correction to between the quantitative and qualitative Tennessee Bar Journal, 221 Fourth Ave. N., Suite those important to 400, Nashville, TN 37219-2198. aspects of time. Those high quality, special times seem to go by much faster me was golden. I am © COPYRIGHT 2005 than the more routine, mundane hours. TENNESSEE BAR ASSOCIAT I O N Conversely, those times that are charac- confident the time terized by pain, grief or frustration seem A D V E RT I S I N G P O L I C Y: While the to stretch out much longer than, for they spent reading Tennessee Bar Journal attempts to confine its advertising to legitimate business endeavors, the example, hours spent in defending a those messages was statements and material appearing in the adver- deposition (unless, of course, this partic- tisements are solely the responsibility of the ular deposition causes you pain and frus- golden to them as a d v e r t i s e r. T h e J o u r n a l and the Tennessee Bar tration or brings grief to your client!). Association do not directly or impliedly endorse, well.” support or vouch for the authenticity of any The reason I point out these differ- representation made in any advertisement ences in how one may perceive the appearing herein. The J o u r n a l does not intend to passage of time (yes, bear with me here, I actually do have a reason) is to urge accept any advertising material that is false and you to take one of those precious hours out of your day and make it a golden misleading. The Journal reserves the right to hour, not only a golden hour for you but for someone else important to you as refuse an advertisement it deems inappropriate. well. Do this by sitting yourself down somewhere away from the telephones, fax CHANGE OF ADDRESS: If your address has machines, e-mail devices and other such disrupting influences and write a letter. changed, please notify the Tennessee Bar Asso- DO NOT type the letter, do not “word process” the letter, do not e-mail or ciation at 221 Fourth Ave. N., Suite 400, instant-message the letter — write it out longhand. Exert some effort to make it Nashville, TN 37219-2198, so your address will legible but don’t worry if you make a mistake and have to scratch something be updated for the Tennessee Bar Journal a n d other TBA publications. out; send it just that way. Trust me, the recipient will not mind. Who is the recipient of this letter? It is someone who has meant something to you in the practice of law. It may be an early mentor; it may be a current or Visit our Web site at www.tba.org former partner. It could be a former law professor. It may be a judge who taught Printed on recycled paper. (Continued on page 4) TENNESSEE BAR JOURNAL, MAY 2005 3 PRESIDENT’S PERSPECTIVE (Continued from page 3) you lessons of value. It could even be a Because what it says is true and is some- members has been painful but, in my long-valued worthy adversary whom you thing that you should have taken the mind, the grief associated with each of have come to respect and admire over opportunity to say earlier will make it these losses has been diminished by the the years. I don’t know who this person valuable to you. Why not take time to fact that in the years before they is ... but you do. With the pressures of write it right now? You have a few spare became ill, I took time out to send each the profession, as well as the demands of minutes or you wouldn’t be reading this of them a letter telling them how much busy personal lives, we all have those they had meant to me and thanking persons out there who have been impor- them for giving me a platform upon tant to our development and mean- “Why not take time to which to build a life. I am comforted by ingful in our lives but who we have knowing that each of these persons failed to adequately recognize and write it right now?” heard directly from me how much I thank. This person is the recipient of appreciated them. I know the time I your letter. Will this letter be worth the spent sending the messages to those time you take away from other obliga- column! If not now, at least get out your important to me was golden. I am confi- tions to write it? I suggest that it will. calendar and reserve an hour to write dent the time they spent reading those Just think, when was the last time you this letter. It does not need to be long ... messages was golden to them as well. received a handwritten letter that was a page and a half of legal pad will Life is too short to go through it more than an obligatory thank you suffice. It need not be eloquent. Sincere without thanking and acknowledging note? If your experience is similar to words of gratitude contain their own those who have been significant in mine, it probably has been a while. The eloquence without need of further making it better for you. Take an hour mere fact that you take the time to embellishment. out of your busy schedule and make it a write and send the letter will be appreci- Within the last 18 months I have golden hour, both for yourself and for ated. That it conveys information the experienced the loss of my mother, my someone else who deserves to have that recipient is pleased to hear will make it father and a very beloved 102-year-old golden hour.