Volume 83 u No. 11 u April 14, 2012 No Courts, No Justice, No Freedom ALSO INSIDE • Liability Insurance • Future of State Commercial Transactions Law • iCivics Events to Feature Justice Sandra Day O’Connor Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 865 2012 OBA SOLO and SMALL FIRM CONFERENCE & YLD MIDYEAR MEETING Law Office Mgt. & Technology Section Family Law Section Join us for the 2012 Solo & Small Firm Conference June 21-23, 2012! This exciting annual event will be held at the Choctaw Casino Resort in Durant, Oklahoma. For those of you unfamiliar, the Choctaw Casino Resort carries the prestigious North American AAA’s Four Diamond Rating. This rating is reserved for the truly exceptional properties with the highest quality of service. Choctaw Casino Resort delivers an extensive array of amenities, world- class dining, and hospitality to its visitors. Early bird registration is only $175! Register by June 8 for the early bird rate at www.okbar.org/solo Oklahoma Bar Association Phone: 405.416.7006 Fax: 405.416.7092 www.okbar.org/solo 866 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 THEME: pg. 937 LAW DAY: NO COURTS, NO JUSTICE, NO FREEDOM Lawyers for Editor: Carol Manning Heroes DEPARTMENTS 868 From the President contents 914 Editorial Calendar April 14, 2012 • Vol. 83 • No. 11 940 From the Executive Director 941 Law Practice Tips 944 Ethics/Professional Responsibility 947 OBA Board of Governors Actions 951 Oklahoma Bar Foundation News 954 Access to Justice 955 Young Lawyers Division 957 Calendar 959 For Your Information 961 Bench and Bar Briefs 964 In Memoriam 968 The Back Page pg. 932 Oklahoma iCivics Events PLUS 911 Liability Insurance: Membership Has Its Privileges By Philip R. Bruce and Paul M. Kolker About the Cover: The new Oklahoma 915 The Dodd-Frank Act and the Judicial Center in Oklahoma City Future of State Commercial Photographer: Jeff Kelton Transactions Law By Alvin C. Harrell FEATURES 923 Legislative News: Session Past 871 Celebrations Focus on Halfway Mark Importance of the Judiciary By Duchess Bartmess By Tina L. Izadi 928 High School Mock Trial Committee 877 Law Day 2012 Contest Winners Wraps Up Another Successful Year By Jennifer Bruner 898 County Law Day Chairpersons 932 Oklahoma iCivics Events to Feature 901 County Bar Association Justice Sandra Day O’Connor Activities By Jeff Kelton 935 Diversity Committee Introduces 906 Supreme Court Law Day New Awards Directive 937 Lawyers for Heroes: Welcome 907 Governor Issues Law Day Home 45th! Proclamation By Deborah A. Reheard Vol. 83 — No. 11 — 4/14/2012 The Oklahoma Bar Journal 867 FROM THE PRESIDENT No Courts, No Justice, No Freedom Law Day Theme Gives Bar Members Opportunity to Advocate By Cathy Christensen In a few weeks, the nation will celebrate Law Day, a enjoy one of the lowest unemploy- celebration that originated in Oklahoma. Law Day was conceived ment rates in the country. by the late Hicks Epton, a Wewoka attorney and OBA past presi- Oklahoma welcomes new citizens dent. President Dwight D. Eisenhower established Law Day and new businesses into our state on a nationally by presidential proclamation in 1958. regular basis. But, On this occasion, he said, “It is fitting that the will those individ- American people should remember with pride uals and business- and vigilantly guard the great heritage of lib- We are under a es remain in our erty, justice and equality under law. It is our Constitution, but state if they are moral and civil obligation as free men and as unable to have Americans to preserve and strengthen that the Constitution their legal disputes great heritage.” promptly resolved This year’s Law Day theme “No Courts, No is what the judges in a court of law? Justice, No Freedom” allows us, as attorneys, say it is, and the Will businesses tol- to showcase what it is that we may do best — erate the expense advocate! It is our opportunity to advocate in judiciary is the of unnecessarily support of adequate funding of the court sys- prolonged litiga- tem and the judiciary. It is our opportunity to safeguard of our tion? Will families advocate for fair and just judicial salaries at all liberty and of our wish to remain in levels of the judiciary to ensure that the best Oklahoma if they and the brightest legal minds are attracted to property under the cannot have timely judicial service. Most impor- access to fair and tantly, it is our opportunity Constitution. impartial courts? I think not. to advocate that courthouses Charles Evans Hughes remain open for business to American Jurist and Adequate court all Oklahomans regardless of funding is essential race, religion or economic Statesman, 1862-1948 to Oklahoma’s bus- level. iness growth and a Inadequate funding threat- stable economy. It ens to undermine the ability of our state courts is also essential to the core of our to function properly. Oklahoma judicial fund- constitutional democracy. Courts ing was decreased in each of the last three must remain open, available and years. Like many of our sister states, funding adequately staffed. The consequenc- for the third branch of government is about es of inadequate court funding will one percent of the total state budget. Many negatively impact the daily life of state courts around the nation are closing any Oklahoma litigant in trial court early each day or closing one full day each seeking resolution of civil disputes, President Christensen week to save money or to avoid overtime divorces, child support, custody and practices in Oklahoma City. costs. In other states, many court employees probate or criminal law matters. Cathy@ have been laid off or furloughed. In compari- Someone in almost every Oklahoma CathyChristensenLaw.com son to other states’ court systems, Oklahoma family has, most likely, entered into 405-752-5565 has weathered well the national economic an administrative court or a trial challenges and the corresponding reduced court seeking relief or restitution. income to the court system. We are blessed to cont’d on page 943 868 The Oklahoma Bar Journal Vol. 83 — No. 11 — 4/14/2012 OFFIC ERS & BOARD OF GOVERNORS Cathy M. Christensen, President, Oklahoma City James T. Stuart, President-Elect, Shawnee EVENTS CALENDAR Peggy Stockwell, Vice President, Norman Deborah A. Reheard, Immediate Past President, Eufaula APRIL 2012 Renée DeMoss, Tulsa Gerald C. Dennis, Antlers 17 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Glenn A. Devoll, Enid Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Kimberly Hays, Tulsa Barbara Swinton 405-713-7109 O. Chris Meyers II, Lawton D. Scott Pappas, Stillwater 18 OBA Law Day Committee Meeting; 12 p.m.; Oklahoma Bar Center, Nancy S. Parrott, Oklahoma City Oklahoma City and OSU Tulsa; Contact: Tina Izadi 405-522-3871 David A. Poarch Jr., Norman OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar Ryland L. Rivas, Chickasha Susan S. Shields, Oklahoma City Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Bret A. Smith, Muskogee Deirdre Dexter 918-584-1600 Linda S. Thomas, Bartlesville 19 OBA Access to Justice Committee Meeting; 10 a.m.; Oklahoma Bar Jennifer Kirkpatrick, Oklahoma City, Chairperson, OBA/Young Lawyers Division Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Rick Rose 405-236-0478 BAR CENTER STAFF John Morris Williams, Executive Director; OBA Work/Life Balance Committee Meeting; 12 p.m.; Oklahoma Gina L. Hendryx, General Counsel; Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa and Carol A. Manning, Director of Communications; teleconference; Contact: Sarah Schumacher 405-752-5565 Craig D. Combs, Director of Administration; Travis Pickens, Ethics Counsel; Jim Calloway, OBA Justice Commission Subcommittee Meeting; 1 p.m.; Director of Management Assistance Program; Oklahoma Bar Center, Oklahoma City; Contact: Drew Edmondson Beverly Petry Lewis, Administrator MCLE 405-235-5563 Commission; Robbin Watson, Director of Informa- tion Technology; Jane McConnell, Coordinator OBA Justice Commission Meeting; 2 p.m.; Oklahoma Bar Center, Law-related Education; Loraine Dillinder Farabow, Oklahoma City; Contact: Drew Edmondson 405-235-5563 Tommy Humphries, Debbie Maddox, Ted Rossier, Assistant General Counsels; Katherine 20 OBA Lawyers Helping Lawyers Assistance Program Training; Ogden, Staff Attorney; Tommy Butler, Tanner 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Condley, Sharon Orth, Dorothy Walos Contact: Tom Riesen 405-843-8444 and Krystal Willis, Investigators OBA Rules of Professional Conduct Committee Meeting; 3 p.m.; Manni Arzola, Debbie Brink, Stephanie Burke, Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa Brenda Card, Morgan Estes, Johnny Marie and teleconference; Contact: Paul Middleton 405-235-7600 Floyd, Matt Gayle, Dieadra Goss, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, 21 OBA Young Lawyers Division Officers Meeting; 10 a.m.; Oklahoma Amy Kelly, Jeff Kelton, Durrel Lattimore, Bar Center, Oklahoma City; Contact: Jennifer Kirkpatrick 405-553-2854 Heidi McComb, Renee Montgomery, Wanda Re- ece-Murray, Lori Rasmussen, Tracy Sanders, Mark 23 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Schneidewent, Laura Willis & Roberta Yarbrough Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; EDITORIAL BOARD Contact: D. Michael O’Neil Jr. 405-239-2121 Editor in Chief, John Morris Williams, News 24 A Conversation with Justice Sandra Day O’Connor; 10 a.m.; & Layout Editor, Carol A. Manning, Editor, Oklahoma Bar Center, Oklahoma City; Contact: Jane McConnell Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Sandee Coogan, 405-416-7024 Norman; Emily Duensing, Tulsa; Erin L. Means, 25 OBA Board of Governors Meeting; 9 a.m.; Oklahoma Bar Center, Enid; Pandee Ramirez, Okmulgee; Mark Ramsey, Oklahoma City; Contact: John Morris Williams 405-416-7000 Claremore; Joseph M. Vorndran, Shawnee; Judge Allen J.