www.elpasobar.com September 2011 Why our Legal System is RespectedBy Clinton F. Cross (Mostly) Page 7 “Objection? Over-ruled!!” See story by Stephanie Page 5 Townsend Allala SENIOR LAWYER INTERVIEW ќћȱѡѢёёюџё By Clinton F. Cross Page 7 S 2011 W. Reed Leverton, P.C. $WWRUQH\DW/DZ0HGLDWRU$UELWUDWRU Alternative Dispute Resolution Services 300 EAST MAIN, SUITE 1240 EL PASO, TEXAS 79901 (915) 533-2377 - FAX: 533-2376 on-line calendar at: www.reedleverton.com Experience: Licensed Texas Attorney; Former District Judge; Over 900 Mediations Commitment to A.D.R. Processes: Full-Time Mediator / Arbitrator Commitment to Professionalism: LL.M. in Dispute Resolution Your mediation referrals are always appreciated. A mediator without borders. HARDIEMEDIATION.COM See our website calendar and booking system Bill Hardie Mediator/Arbitrator S 2011 3 THE PRESIDENT’S PAGE State Bar of Texas Lawyers Serve All Award of Merit 1996 – 1997 – 1998 – 1999 2000 – 2001 – 2006-2010 Star of Achievement 2000 - 2008 - 2010 ne day after the Boston Massacre, a 34-year- State Bar of Texas old John Adams agreed to represent the British Best Overall Newsletter – 2003, 2007, 2010 captain and eight soldiers accused of murdering Publication Achievement Award 2003 – 2005 – 2006 – 2007 – 2008 - 2010 the American colonists who had converged on the NABE – LexisNexis Community Custom House in Boston. At trial, Adams argued that the & Educational Outreach Award 2007 - 2010 deaths of the colonists were brought about not by the soldiers, Bruce Koehler, President O but by the actions of the mob itself. He argued that the British -XGJH0DULD6DODV0HQGR]D President-Elect soldiers were acting in self-defense and that whatever the passions or wishes of the Randolph Grambling, Vice President jurors, “they cannot alter the state of facts and evidence.” All but two of the soldiers /DXUD(QULTXH]Treasurer -XGJH$OHMDQGUR*RQ]DOH], Secretary were acquitted. Adams certainly knew there would be repercussions, and indeed, Chantel Crews, Immediate Past President Adams lost a significant portion of his practice because of his representation. Why did Adams agree to represent the British? According to David McCullough in his %RDUG0HPEHUV Teresa Beltran book John Adams, Adams accepted the representation because “no man in a free Judge Linda Chew country should be denied their right to counsel and a fair trial.” As you can see, Mark Dore Lawyers have a proud tradition of serving those for whom the public has nothing Judge Eduardo Gamboa Myer Lipson but derision and disdain. 'is tradition reaches back before the founding of our Denise Butterworth country, and continues today, as reflected in the order adopting the Texas Lawyers Kenneth Krohn Creed, which notes that “as members of a learned art, we pursue a common calling Raymond Martinez Alberto Mesta in the spirit of public service.” Jennifer Vandenbosch Yvonne Acosta It is this tradition of John Adams to which lawyers should aspire. We are fortunate George Andritsos Duane Baker to live in a community in which our fellow lawyers regularly seek to serve the public Judge Kathleen Cardone in a variety of ways. 'is includes the representation of indigent residents and those Donald L. Williams for whom the public has little sympathy. EX-OFFICIOS SBOT Director, District 17 'is year, the El Paso Bar Association will be honoring and celebrating these EPYLA, MABA, EPWBA, ABOTA, FBA, EPPA, El Paso Bar Foundation lawyers and judges who seek to serve the community and the profession. 'e Bar Executive Director will also continue our service to those in need of legal services through the Access Nancy Gallego to Justice Fair (October 29, 2011) and the El Paso Lawyers for Patriots Event Editorial Staff (November 17, 2011). 'is year, the Bar will also seek to serve our members and Clinton Cross, Editor the legal community in general. We are working on a complete overhaul of the Stephanie Townsend Allala Judge Oscar Gabaldon Bar’s website to make it a valuable tool for local attorneys. Additionally, we will Donna Snyder be providing numerous CLE seminars throughout the year, including 'e Annual “The El Paso Bar Journal is a bi-monthly publication of Civil Trial Seminar, which will take place in Las Vegas on February 17-18, 2012. the El Paso Bar Association. Articles, notices, suggestions We will also be holding a special Law Day event, as well as many other events and and/or comments should be sent to the attention of Nancy presentations throughout the year. Gallego. All submissions must be received by the Bar RI¿FHRQRUEHIRUHWKHWKGD\RIWKHPRQWKSUHFHGLQJ SXEOLFDWLRQ&DOHQGDUOLVWLQJVFODVVL¿HGDGVGLVSOD\ I invite each of you to join us in our celebration of lawyers and their role in the ads, and feature articles should not be considered an endorsement of any service, product, program, seminar judicial system. In particular, please join us for our monthly luncheons on the second RUHYHQW3OHDVHFRQWDFWWKH%DURI¿FHIRUDGUDWHV$U- Tuesday of every month at the El Paso Club. ticles published in the Bar Journal do not necessarily UHÀHFWWKHRSLQLRQVRIWKH(O3DVR%DU$VVRFLDWLRQ LWV2I¿FHUVRUWKH%RDUGRI'LUHFWRUV7KH(O3DVR B A. K Bar Association does not endorse candidates for SROLWLFDORI¿FH$QDUWLFOHLQWKH%DU-RXUQDOLVQRW Cover Picture: Bo Pelini, head coach of Nebraska, protesting a call by and should never be construed to be, an endorsement Gene Semko at the Nebraska—Texas A. & M. game last year. RIDSHUVRQIRUSROLWLFDORI¿FH´ S 2011 4 E L PA S O BAR A SSOCIATION September Bar Luncheon Tuesday, September 13, 2011 El Paso Club z 201 E. Main, 18th Floor, Chase Bank - $20 per person, 12:00 Noon Guest Speakers will be 'LVWULFW$WWRUQH\-DLPH(VSDU]DDQG$VVLVWDQW'LVWULFW$WWRUQH\/RUL+XJKHV ZKRZLOOEHGLVFXVVLQJWKHQHZ'LVWULFW$WWRUQH\3RUWDO Approved for 1/2 hour of participatory ethics. 3OHDVHPDNH\RXUUHVHUYDWLRQVE\0RQGD\6HSWHPEHUDWQRRQ at [email protected] or [email protected] ȱȱ PLEASE NOTE: Please check also reserve the right to make the Journal for all the details any editorial changes as we deem SEPTEMBER, 2011 regarding all above listed events. necessary. Please note that there Monday, September 5 (3%$2I¿FH&ORVHG/DERU'D\ If your club, organization, section is no charge for this service: (915) or committee would like to put a 532-7052; (915) 532-7067-fax; Tuesday, September 6 (3%$%2'0HHWLQJ notice or an announcement in the [email protected] email. If Tuesday, September 13 EPBA Monthly Luncheon Bar Journal for your upcoming we do not receive your information event or function for the month of E\WKHVSHFL¿HGGDWHSOHDVHQRWH October/November, 2011, please that we may try to remind you, but FEBRUARY, 2012 have the information to the Bar putting this journal together every Friday, February 17 16th Annual Civil Trial Seminar, Association office by Monday, month is a very big task and we Las Vegas, NV September 16, 2011. In order may not have the time to remind to publish your information we you. So please don’t miss out on Saturday, February 18 16th Annual Civil Trial Seminar must have it in writing. WE WILL the opportunity to have your event MAKE NO EXCEPTIONS. We announced. $UWLFOHVSXEOLVKHGLQWKH%DU-RXUQDOGRQRWQHFHVVDULO\UHÀHFWWKHRSLQLRQVRIWKH(O3DVR%DU$VVRFLDWLRQ LWV2I¿FHUVRUWKH%RDUGRI'LUHFWRUV7KH(O3DVR%DU$VVRFLDWLRQGRHVQRWHQGRUVHFDQGLGDWHVIRUSROLWLFDORI¿FH $QDUWLFOHLQWKH%DU-RXUQDOLVQRWDQGVKRXOGQHYHUEHFRQVWUXHGWREHDQHQGRUVHPHQWRIDSHUVRQIRUSROLWLFDORI¿FH S 2011 5 F C T G: A LifeBY S TEPonHANIE TOWN SENDthe ALLALA Line n a beautiful August morning, family thought was fascinating and gave me an insight investigated for betting on NBA games law attorney Gene Semko walks into how much goes on behind the scenes.” LQFOXGLQJVRPHWKDWKHSHUVRQDOO\RI¿FLDWHG Obriskly into the courtroom--preparing When he started refereeing Division One He was subsequently indicted and pleaded to spar in a divorce hearing. In his designer college football in the Western Athletic guilty and sentenced to prison. suit and tie, he’s handsome, trim and just GQ Conference in 1996, his education began with a An investigation was launched by the enough to turn a few heads. One might never three-day clinic. “As long as I performed up to NBA in an attempt to determine how Tim guess when he’s not in court, he uses a loud, expectations, I would be rehired the following Donaghy was able to do what he did over a blaring whistle to get attention. year.” That practice continued, including when four year period of time without detection. The For 16 years, Gene has split his time between he was hired by the Big XII investigation provided the following insights, KLVODZRI¿FHKLVIDPLO\DQGKLVIDYRULWH for the 2004 season. according to Semko: hobby- refereeing Division One College That all ended “First, since Tim Donaghy was given his full Football. He currently referees as a side judge in 2008 because NBA basketball schedule, which spans eighty in the CFO West- the assigning agent for the i n 2 0 0 7 , Ti m games over a six month period of time. He was Big XII Conference (shrunk to only 10 teams D o n a g h y , a able to space out the games he personally bet on this year), the Mountain West Conference and veteran NBA RUWULHGWRLQÀXHQFHQHYHUWU\LQJWRLQÀXHQFH the Southland Conference. He has worked RI¿FLDO ZDV too many games each year. This made it harder numerous bowl games, most recently the 2011 to detect since there was no real pattern to Fed Ex Orange Bowl. Included on his resume be discovered between the games, the teams is the 2008 National Championship Game and the players. The result of this portion between Ohio State and LSU, the 2007 of the investigation was a recommendation Sugar Bowl, the 1998 Cotton Bowl and that all assignments be submitted piecemeal three Big XII Championship Games. WKURXJKRXWWKHVHDVRQVRWKDWDQRI¿FLDO¶VIXOO Gene spent the summer preparing schedule would not be provided to him for the IRUWKHXSFRPLQJVHDVRQ+LV¿UVW entire year.