www.elpasobar.com April/May 2016 Resilience: Gateway to the Art of Better Living BY OSCAR G. GA B ALDÓN , JR., CWLS PAGE 18 Judge Jamie C. Boyd A Life in the Arena BY SHEL B Y MCCUE PAGE 6 The Grand Jury in Historical Perspective Part I BY JO SHUA TA T E PAGE 13 April/May 2016 3 PRESIDENT ’S PAGE State Bar of Texas Awards Attorneys are Professionals Award of Merit Star of Achievement Lawyers should always adhere to the highest principles of Outstanding Partnership Award Outstanding Newsletter professionalism. We are in a profession with a career that hopefully Publication Achievement Award will span 30 or 40 years. As a professional, we have an obligation to NABE LexisNexis Awards give back to our own profession by helping our fellow lawyers and Community & Education Outreach Award enhancing our profession. -2007, 2010 & 2012 Excellence in Web Design – 2007 Excellence in Special Publications – 2008 During this bar year, among other legal and social events, I am forming new committees which I believe will foster professionalism among the El Paso area Myer Lipson, President legal community. These committees will allow El Paso lawyers the opportunity to give back Christoper Antcliff, President-Elect to our profession. I want to highlight two. In order to be successful, we need your help. Mark Dore, Vice President Jennifer Vandenbosch, Treasurer Daniel Hernandez, Secretary Lawyers in Distress. This new committee is multi-faceted, dealing with many issues Laura Enriquez, Immediate Past President confronting the lives of lawyers. The mission and goal of this committee is to enhance the lives of the lawyers and their families in this community. During my work with the El Paso Bar 2015-2016 Board Members Association over the last number of years, I have received a number of calls from lawyers and/or Melissa Baeza Danny Razo their families asking for help. These lawyers and their families were facing very difficult issues, Judge Miguel Torres and reluctantly, reached out to the El Paso Bar Association for its assistance. Unfortunately, Felix Valenzuela the El Paso Bar Association was not equipped to provide any assistance. Sean White Kristina Voorhies Legan Aldo Lopez El Paso possesses an inordinate number of solo practitioners and small firms. The percentage David Mirazo of solo practitioners and small firms in El Paso greatly exceeds the percentages of other like size Janet Monteros Philip Mullin communities. El Paso has a significant number of solo practitioners in various practice areas, Bill Hicks such as Family Law, Immigration, Criminal Defense, Plaintiff Personal Injury, and the general Jessica Kludt Plaintiff’s Bar. What do these solo’s and their families do with their pending cases, files, and Charles Ruhmann Judge Laura Strathman clients, if the attorney dies, or has a serious medical problem that prevents that attorney from Jed Untereker continuing their practice for a long period of time or indefinitely? What happens to the file, the pending case, or the client? What can we do for the attorney and the attorney’s practice if the Ex-Officios SBOT Director, District 17, EPYLA, attorney suffers a mental health problem? Can the Bar help a financially stricken family when MABA, EPWBA, ABOTA, FBA, EPBF, the attorney breadwinner is suddenly stricken with a medical problem preventing the attorney EPFLBA, EPPBA, EPALP from working, or the attorney suddenly dies? Sadly, I have even been contacted by a family, Executive Director without sufficient resources to pay for funeral expenses for their attorney family member. Nancy Gallego The charge to this committee is to help Lawyers in Distress. This necessarily involves creating Editorial Staff protocols, systems, and processes designed to help our fellow lawyers and families work through Clinton Cross, Nancy L. Gallego Victoria Martínez & Ballard C. Shapleigh these challenges. Lawyers, who are aware of these problems, have experienced these issues, or even want to get involved are more than welcome. Retired attorneys who wish to give back The El Paso Bar Journal is a bi-monthly publication of to our profession are a valuable resource. We are asking for your help. If you are interested the El Paso Bar Association. Articles, notices, suggestions in serving our profession in this committee, please contact our co-chairs, the Honorable Laura and/or comments should be sent to the attention of Nancy Strathmann and Paula Thomas, or Nancy Gallego at our El Paso Bar Association office. Gallego. All submissions must be received by the Bar office on or before the 10th day of the month preceding publication. Calendar listings, classified ads, display Bi-National Committee. Mexico is slowly converting to an oral trial system. Chihuahua state ads, and feature articles should not be considered an courts converted recently to a largely oral trial system in civil and family law litigation. The endorsement of any service, product, program, seminar Mexican federal courts still rely largely on written procedures in Administration, Commercial or event. Please contact the Bar office for ad rates. Ar- ticles published in the Bar Journal do not necessarily and Amparo litigation. Federal courts in other various parts of Mexico are just recently instituting reflect the opinions of the El Paso Bar Association, oral trials. Lawyers and judges from El Paso have participated in seminars helping Mexican its Officers, or the Board of Directors. The El Paso judges and lawyers understand the concepts of oral trials. Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement We are a border community, and by necessity, El Paso and Juarez lawyers must frequently of a person for political office. April/May 2016 4 work with each other on various cases. The Roberto Renteria, members of ANADE and to included David Mirazo or Alex Soto. This Bi-National Committee’s mission is to enhance professors from UACJ Law School have all committee will lead to a better understanding the legal community on both sides of the border, agreed to participate in this committee. If you of the border legal community, and enhance our share ideas, provide legal seminars, and joint are interested in participating in this committee, border legal profession. social programs. Lawyers from Juarez including please contact co-chairs Dan Hernandez or Rene Alva, Alejandro Sotelo, Rafael Serna, and William Maynard, or members of the committee, MY E R LI P SON President E L PASO BAR ASSOCIATION E L PASO BAR ASSOCIATION April Bar Luncheon May Bar Luncheon Tuesday, April 12, 2016 Tuesday, May 10, 2016 El Paso Club • 201 E. Main, 18th Floor, El Paso Club • 201 E. Main, 18th Floor, Chase Chase Bank - cost $20 per person, 12:00 Noon Bank - cost $20 per person, 12:00 Noon Guest Speaker will be David Furlow Guest Speaker will be Professor Executive Editor of the Texas Joshua Tate of SMU Supreme Court Historical Society Door prizes will be given out Door prizes will be given out Please make your reservations by Monday, Please make your reservations by April 11, 2016 at 1:00 p.m. at [email protected] Monday, May 9, 2016 at 1:00 p.m. at nancy@ or [email protected] elpasobar.com or [email protected] Articles published in the Bar Journal do not necessarily reflect the opinions of the El Paso Bar Association, its Officers, or the Board of Directors. The El Paso Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office. April/May 2016 5 CALENDAR OF EVENTS Saturday, April 30, 2016 April 2016 Butterfield Trail Golf Club Tuesday, April 5 1858 Cottonwoods EPBA BOD Meeting Tuesday, April 12 EPBA Monthly Luncheon Individual Entry Fee: $95.00 4 Player Teams: $380.00 David Furlow Fee includes: Green fee, Cart fee, Range balls, Refreshments (Water and Wednesday, April 13 Beer), Continental Breakfast and Lunch, Goodie bag EPALP Monthly Meeting Thursday, April 21 PRIZES: 1st, 6th, and last place! Nearest to the Hole Contest! Longest EPPA Monthly Luncheon Drive Contest! Hole-in-one Contest - $10,000 Prize! Door & Raffle Prizes! Saturday, April 30 Law Day Dinner and Awards Presentation ADDITIONAL SPONSORS: EPPA offers an exciting combination of sponsorship opportunities to suit your needs. Sponsorship of this golf May 2016 tournament affords you a wonderful opportunity to market your busi-ness Tuesday, May 3 and get your name out to the legal community and others. We look forward EPBA BOD Meeting to discussing the level of sponsorship that makes the most sense for you Tuesday, May 10 and your business needs. For more information, please con-tact any board EPBA Monthly Luncheon member, or see our website. Joshua Tate Register and pay online at: http://www.butterfieldtrailgolf.com/ Wednesday, May 11 Or Visit our website at www.elppa.org for more information and registra- EPALP Monthly Meeting tion forms. Thursday, May 19 EPPA Monthly Luncheon DEADLINE TO REGISTER: April 15, 2016 Monday, May 30 EPBA Office Closed – Memorial Day Providing Valuation, Economic Consulting And Litigation Support for El Paso John R. Battle, CPA, CVA, MAFF, CM&AA Business Valuations: Estate, Trust and Gifting Shareholder Disputes Marital Dissolution Loss of Value in Business Buying or Selling Business Economic Consulting: Economic Damages — Commercial Lost Profits Economic Damages — Permanent Injury Economic Damages — Wrongful Death Litigation Support/Expert Witness 414 East 10th St., Suite E — Alamogordo, NM 88310 575.921.7578 (Office) 866.305.1492 (Fax) [email protected] John R. Battle, CPA — (Texas Firm ID C09200) d/b/a Valuation and Consulting, LLC (New Mexico) April/May 2016 6 Judge Jamie C.