Bench Bar Conference: Aug. 1 - 3, 2013

Bench Bar Conference:
Perdido Beach
Beach Resort • Orange Beach, Ala.
Aug. 1 - 3, 2013
Inside:
Divorcing parents fight to claim
children for tax benefits
Issues with co-domiciliary
parenting
Judicial interview:
Judge William C. Dupont
2
Around the Bar
March 2013
inside
MARCH 2013
4
Contributors
5
Letters
6
Letter from the president
“Keep a tradition going ... or not” BY MICHAEL S. WALSH
7
Tales from the bar side
“The prime of Ms. Jean Davis” BY VINCENT P. FORNIAS
On the cover:
This year’s Baton Rouge Bar Association Bench Bar Conference
will be held at the Perdido Beach Resort in Orange Beach, Ala.,
Aug. 1-3, 2013. Even the younger generation is looking forward
to going to Orange Beach, now that the conference takes place
during the summertime! Register to attend this year’s Bench
Bar Conference, and be sure to bring the kids.
Featured in this month’s cover image are children of the
BRBA Bench Bar Conference Committee, as well as Bench
Bar Conference Chair Emily B. Grey and Vice Chair Danny
McGlynn.
The group was photographed by Pamela Labbe in the
production studio of 1stCo Inc. Video Productions, located in
the Mall of Cortana. 1stCo Inc. is best known for producing the
Around Town Show, but provides legal video services as well.
We wish to thank 1stCo Inc. for providing studio time. Special
thanks to Jowanna Lee, wife of BRBA member Dale Lee, who
provided the beach image.
9
Bar news
12
“A hotly contested issue: Divorcing couples fight to claim children
for income tax purposes” BY JOANNA HYNES
14
“Who’s the boss? Issues with co-domiciliary parenting
in Louisiana” BY TAMYRA NICOLE CRAIG
17
“Interview with 18th Judicial District Court Chief Judge William C. Dupont”
BY REBECCA WISBAR
19
Gail’s grammar
22
Foundation footnotes
Cover artwork by Pamela Labbe.
March 2013
Around the Bar
3
Published by the Baton Rouge Bar Association
contributors
P. O. Box 2241, Baton Rouge, LA 70821
Phone (225) 344-4803 • Fax (225) 344-4805 • www.brba.org
Jeanne Comeaux, a partner with Breazeale, Sachse & Wilson,
is the 2013 secretary of the BRBA.
The Baton Rouge Bar Association will be the beacon for the
full spectrum of the legal profession by fostering professional
courtesy; increasing the diversity of the bar and the participation
of under-represented groups; maintaining a sound financial base;
enhancing and developing member services and community
outreach; and promoting and improving the image of the profession.
OFFICERS
Tamyra N. Craig, a 2013 J.D. candidate at Southern University Law Center, is a
senior editor on the Southern University Law Review. She will serve as a law
clerk to Chief U.S. District Judge Brian A. Jackson with the U. S. District Court
for the Middle District of Louisiana beginning in August 2013.
Vincent P. Fornias, an assistant editor of Around the Bar, is a solo
practitioner whose practice focus is alternative dispute resolution.
Michael S. Walsh, President ..........................................344-0474
Darrel Papillion, President-elect .................................236-3636
Robert “Bubby” Burns Jr., Treasurer ...........................767-7730
Jeanne Comeaux, Secretary ........................................381-8051
Gail S. Stephenson, Past President ..........771-4900, ext. 216
DIRECTORS AT LARGE
Shelton Dennis Blunt
Linda Law Clark
Karli Glascock Johnson
Christopher K. Jones
Amy C. Lambert
Eric R. Miller
Scotty Chabert, Ex Officio
Wendy L. Edwards, Ex Officio
Leonore Heavey, Ex Officio
Joanna Hynes, a solo practitioner, is a contributing writer.
ABA DELEGATE
Pamela Labbe is the communications coordinator
of the Baton Rouge Bar Association.
Jack K. Whitehead
APPELLATE SECTION
Susan Kalmbach.......................................................................Chair
BANKRUPTCY SECTION
Gail S. Stephenson, an assistant editor of Around the Bar and
BRBA past president, is the director of legal analysis and writing
and an associate professor of law at Southern University Law Center.
Michael S. Walsh, a partner with Lee & Walsh, is the
2013 president of the Baton Rouge Bar Association.
Rebecca Wisbar, a partner with
Akers & Wisbar, LLC, is a contributing writer.
BRBA BENCH BAR CONFERENCE!
AUG. 1 - 3, 2013
Perdido Beach Resort • Orange Beach, Alabama
Earn up to 12.5 CLE credits while enjoying a beach vacation with your family!
Erin Wilder-Doomes ................................................................Chair
CONSTRUCTION LAW SECTION
Kelsey Funes ..............................................................................Chair
Adrian Nadeau ................................................................. Past chair
FAMILY LAW SECTION
Wendy L. Edwards ...................................................................Chair
Melanie Walters Chatagnier ......................................Chair-elect
Joanna Hynes ....................................................................Secretary
Laurie Marien ................................................................... Past chair
PUBLIC LAW PRACTICE SECTION
Leonore Heavey .......................................................................Chair
Christopher K. Odinet .................................................Chair-elect
Danielle Clapinski ............................................................Secretary
Stephanie Le Grange .............................Executive Branch Rep.
Lyla DeBlieux ...............................................Judicial Branch Rep..
Dawn Watson .........................................Legislative Branch Rep.
Jimmy Burland .......................................... Private Attorney Rep.
Maimuna Magee .................................Local Government Rep..
Henry Graham ................................................................. Past chair
WORKERS’ COMPENSATION SECTION
Robin L. Krumholt.............................................................Co-Chair
Debra T. Parker ...................................................................Co-Chair
Michelle M. Sorrells ..........................................................Co-Chair
Judge Pamela Moses-Laramore ..................................Co-Chair
YOUNG LAWYERS SECTION OFFICERS
Scotty Chabert, Chairman ............................................922-5110
Laranda Moffett Walker, Chairman-elect ................771-8100
Scott Levy, Secretary ..................................................... 376-0266
Jamie Hurst Watts, Past Chair ......................................382-3693
YOUNG LAWYERS SECTION COUNCIL
Jodi Bauer
MacKenzie Smith Ledet
Victor J. Suane Jr.
Kara B. Kantrow
Loren Shanklin
BATON ROUGE BAR ASSOCIATION STAFF
RESERVE YOUR HOTEL ROOM TODAY BY CALLING
1-800-634-8001, OR GO ONLINE:
WWW.PERDIDOBEACHRESORT.COM – USE THE ONLINE ROOM BLOCK CODE: 7715
REGISTER ONLINE: WWW.BRBA.ORG
Ann K. Gregorie, Executive Director
Donna Buuck, Youth Education Coordinator
Emily Chambers, Pro Bono Coordinator
Meredith French, Administrative Assistant
R. Lynn S. Haynes, Asst. Teen Court Coordinator
Robin Kay, Pro Bono Coordinator
Susan Kelley, Office Manager
Pamela Labbe, Communications Coordinator
Carole McGehee, Lawyer Referral Coordinator
Julie Ourso, Bookkeeper
214-5563
214-5556
214-5558
344-4803
214-5564
214-5561
214-5559
214-5560
214-5557
214-5572
FOR SPONSORSHIP INFORMATION, CONTACT ANN: 225-214-5563 OR [email protected]
PUBLICATIONS COMMITTEE
AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to the
editor. Articles should be less than 2,000 words, typed and single-spaced. A Microsoft Word file should be e-mailed as an attachment to:
[email protected].
For advertising information call Pamela Labbe at 225-214-5560. Display ads should be e-mailed as a high-resolution attachment as a
.PDF, and classified ads as text only. Publication of any advertisement shall not be considered an endorsement of the product or service
involved. The editor reserves the right to reject any advertisement, article or letter.
Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To
request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected].
4
Around the Bar
Editor:
Asst. Eds.:
Ed Walters — 236-3636
Vincent P. Fornias — 769-4553
Gail S. Stephenson — 771-4900, ext. 216
Art Vingiello — 751-1751
Graphic Design / Ad Sales: Pamela Labbe — 214-5560
Robert Collins
Lani Durio
Rachel Emanuel
Greg Gouner
Grant J. Guillot
Lexi Holinga
Dianne M. Irvine
Dale Lee
John McLindon
Christopher K. Odinet
Darrel Papillion
Gracella Simmons
Katie E. Sumner
Jeff Wittenbrink
Robert A. Woosley
Monika Wright
All Rights Reserved • Copyright ©2013
March 2013
letters
I’m writing to thank you for adding my name as a
subscriber to Around the Bar. I have enjoyed receiving
recent copies and look forward to future editions. It’s a
splendid publication, and I have found it useful in learning
about what’s happening around the law community of
Louisiana. I’ve truly enjoyed reading the various articles
and familiarizing myself with Louisiana attorneys.
María Pabón López
Loyola University New Orleans, College of Law, Dean and
Judge Adrian G. Duplantier Distinguished Professor of Law
I would like to thank you and the Baton Rouge Bar for
my selection with the President’s Award. I am very honored
and flattered that I was selected. My participation with the
Baton Rouge Teen Court is solely out of a desire to help
young people and our community; so my involvement
with the program is out of a pure belief that Teen Court is
making a difference.
I would like to thank Ann, Donna and Lynn for
their administrative support of the Teen Court program.
March 2013
Without these remarkable ladies, the program would not
be a success.
Otha “Curtis” Nelson Jr.
Section Chief – Juvenile Section
I read Ed Walters’ article about Huntington Odom in
the January 2013 Around the Bar. I’ll allow that he is a
pretty good egg (under the shell). But why did his article
include a confession of being lazy, and my admission
of being a selfish oaf? That must startle bar members
unaccustomed to such maudlin lawyer humility. They are
unlikely to be calmed by a follow-up editorial that he may
be tempted to write. Even if that persuaded them that he
and I are good eggs, it would only be him as soft boiled,
I as hard boiled, if not both as scrambled. Jay Dardenne
gave his copy of Ed’s article to Pat Odom, but she would
like another to give to her son, Hunt. Please see that she
gets it before Ed is summarily dismissed as editor.
John S. White Jr.
Around the Bar
5
PHOTO BY RCL PORTRAIT DESIGN
letter from
the president
Keep a tradition going ... or not
BY MICHAEL S. WALSH
•
•
•
•
•
•
A morning of ocean-side yoga
An afternoon family photo shoot on the beach
All of your CLE for the year
An auction of fabulous items to benefit the Bar Foundation
A “social-only” ticket
Your chance to decide whether I sing and vote on what song
What do these have in common? They’re some of the new additions
to the 2013 Bench Bar Conference. As I write this article about our annual
conference, it’s cold and raining. These kinds of days make us wish for
summer at the beach. You don’t have to just wish. Sign up for this year’s
trip to the Perdido Beach Resort, set to happen as the summer winds down,
from Aug. 1-3, 2013. You won’t be sorry.
I’ve enlisted a dynamic duo to ensure this year’s conference is the best
ever. To know our chair, Emily Grey, is to know that she makes things
happen and has an unparalleled attention to detail. With Emily at the helm,
we can all be sure things will run smoothly. Just look at what she’s done with
the ever popular “Speed Dating with the Judges” session through the years.
Michael S. Walsh
The second part of our dynamic duo is Danny McGlynn. He’s not simply
the Bench Bar vice chair, he’s our “C.H.O.” – Chief Hedonism Officer.
Emily, Danny, and the hard-working Bench Bar Committee have been at it for almost six months
coming up with new, exciting ideas. They decided it was important to give us an opportunity to get all
of our CLE for the year at once, with no increase in price. They are working to bring in some amazing
speakers for us. You won’t be disappointed at the lineup.
The committee has also been thinking about how, as the years have gone by, our Association has
changed, and how the conference will best serve our members today. While you can still take the shuttle
to the Flora Bama and party hard, there’s also a focus on the families in our association, as you probably
guessed from this month’s cover. More than ever before, our lawyers bring their families with them to
the beach. So we have new offerings, like morning yoga, and an opportunity for a quick photo session
with a photographer. You can take a great family portrait, and figure out the details of what to order
when you get home. While we’re at it, we will take a large group photo of our BRBA family, too.
Our membership has also indicated a desire for a “social only” ticket. Some folks really just want
to come and visit at the parties, and don’t need the CLE. We are giving this new option a trial run just
for them, but, between you and me, I don’t think you’ll want to miss the CLE.
The conference will still have traditions we know and love, like the Thursday night cookout and
the Friday night party. But we are adding some options to make things run more smoothly and adding
some flair. Along the “more smoothly” lines, you will have the option of scheduled seating times for
dinner at local venues, to save you the hassle of making reservations and help you have an enjoyable
dining experience, without worrying about making it to the party on time. On the “more flair” side,
we’ll have an auction to benefit the Bar Foundation that promises to have some items you won’t be able
to live without!
And then there is that other tradition. The singing bar president. I do not believe that you all like
or want this. I have asked the committee to remove it from the agenda. But the committee thought it
was important to hear from the membership. So, you get to decide. At the conference, we will have
another special event to benefit the Bar Foundation, and which will also benefit those of you who value
your hearing. You can vote with your donations: whether I sing or not. And if you want for me to sing
(which I highly doubt), you get to vote on songs. The committee has suggested that one of the options
be “I'm Too Sexy For My Shirt.” We’ll see about that.
6
Around the Bar
March 2013
tales from
the bar side
BY VINCENT P. FORNIAS
Long before the new courthouse or computers or even
faxes, the Baton Rouge legal community was a simple
and orderly place, a place where if you needed to take a
deposition most of us relied upon a troika of reliable court
reporters – Janet Parker, Katherine Kachelmeyer, and the
“new” kid on the block, Jean Davis. The relationship
between a trial lawyer and these ladies transcended legal
duties and niceties. It was akin to having a wise aunt to
rely on to simply be there, no matter what, watching
your back, quietly and professionally, without fail. The
mailman’s purported oath about “neither sleet nor rain”?
It pales in comparison to the work ethic and reliability of
these fine ladies.
Just when you think that all vestiges of this bygone
era are quickly passing there arrives a tiny piece of the
puzzle that was then. It came in the form of a letter found
by Brent Kinchen, written at the turn of the century by the
late Jean Davis, a thank you note to Brent and his former
partners at Seale, Smith upon her receipt of a retirement
bouquet from that fine old firm. Read it carefully, and
March 2013
The prime of Ms. Jean Davis
appreciate our past.
July 31st ‘00
Dear Seale, Smith, Zuber & Barnette
Thanks, number one, for the enormous flower bouquet
that arrived completely unrehearsed and unannounced.
Quite a whopper, guys – and still ensconced on my dining
room table. Hope it lasts until my sister comes on Wednesday
so she can be impressed too – if not, there are some great
looking red roses that I will rescue and recycle into another
blue bowl.
It’s hard to believe that 37 years have gone by. I can
remember when you all were still out by what’s now the new
Post Office and next door to the best Toddle House in town.
If I had to deliver anywhere in the neighborhood, it had to
be done at noon so I could stop by and pick up lunch for the
gals (and Mr. Parker) back at the office. This was all on foot,
of course. I didn’t have a car until 1965 when I acquired a
brand new red Volkswagen and no longer had to meet the
Greyhound bus at 7 in Denham Springs and remeet it at 5 at
Around the Bar
7
the old Sears Building at the end of Third Street for the trek
home.
But I really didn’t need a car. All our depositions were
taken up and down Third Street. Most of the firms were in
our building, or across the street in the Reymond or Roumain
Building, the Fidelity National Bank being the northern-most
landmark with the Breazeale, Sachse firm and the southernmost landmark the Old Baton Rouge Bank with the Kean,
Miller firm on the corner of Fourth and North Boulevard. (As
I remember when we moved to 982 Government Street, Mr.
Vandaworker1 wrote Janet asking for a map to get there). We
had no 8 o’clock doctor depositions; no 5:30 or 6 o’clocks;
no jobs on the weekend – that I recall at any rate. If we did
have depositions outside of the Third Street area, as in out
of town (Amite, New Roads, Plaquemine, Hammond), we
would ride with the attorneys and the job would be canceled
or rescheduled according to OUR schedule. How quaint is
that?
Our calendar was about 4 x 6 with no hours written on
it, just the day at the top of the page. If you called in for a
3:00, it went at the top of the page and a line drawn if you
were the first to call for that day; a 9 o’clock job would come
in next and would be put under the 3 o’clock; and so on and
so on until the calendar was filled and we’d say, “Sorry, we’re
booked,” and then the attorneys would give US an alternate
date. It was good to be the Queen.
Of course we still had typewriters (yes, they were
electric), and carbon paper and on an 0 & 3 job, you had
to intersperse the carbon paper and paper and manually roll
8
Around the Bar
it into the machine for each page. If there were more than
four corrections per page, it had to be retyped and then that
page re-proofread again. How did we do it??? No Xerox, but
some kind of wet copy system – make a master and then slurp
it in and out of the chemical tray and depending on how fast
you were, and I was always the fastest, you maybe could get
five or six copies off of one master.
I remember Mr. Seale and Bubba Smith, both being such
gentlemen of the old school; also Ken Barnette fits in the
category. Then comes Zuber who always tried to make people
think I was older than he was; then the young whippersnappers
– Bill Kaufman, Dan Reed, Mike Walker, John Swanner,
Chuck Morgan, Brent Kinchen, Rick Reed – and guess what,
guys, you’ve now made it to the next generation. But I can
remember when we all worked together, and I remember
looking forward to doing work for you all of you – sometimes
simple jobs, sometimes interesting, sometimes riveting, but
always done in a professional manner, yet we still had time to
joke around and talk about our children and what was going
on in our lives at the time. It didn’t seem to be as “serious”
as it is today.
I will miss all of that and all of you. But time marches on
and the changes to come are mind-boggling. It looks like the
Internet is here to stay.
***
I’m kind of glad to step off here. Love, Jean
1
For those of you not around in the last half of the 20th Century, the late
Bob Vandaworker (“Van”), a partner at Taylor Porter, was the venerated
dean of the local insurance defense bar and beyond.
March 2013
PHOTO BY PAMELA LABBE
bar news
BY PAMELA LABBE
Pro Bono volunteers were honored during awards
reception following the Pro Bono CLE Palooza
Law Day to take place Wednesday, May 1
Mark your calendar to attend the Baton Rouge Bar
Foundation Law Day Celebration, scheduled Wednesday,
May 1, 2013. Chairing the 2013 Law Day Committee is
Elizabeth Spurgeon. Ryan Brown is the vice chair. The
theme is “Realizing the Dream: Equality for All.”
To join this committee or to volunteer in any way,
please contact Donna Buuck, staff liaison to the Law Day
Committee, at 225-214-5556 or [email protected].
March 2013
PHOTO BY PAMELA LABBE
Ken Mayeaux, Pro Bono Committee Chair for the last two years, is
photographed with Linda Law Clark and 2013 Pro Bono Committee Chair
Emily P. Ziober. Clark is the one of two attorneys who were honored by the
Baton Rouge Bar Foundation Pro Bono Project for donating 1,000 hours
toward pro bono work.
PHOTO BY PAMELA LABBE
Several local attorneys were honored for their pro
bono contributions Wednesday, Jan. 9, 2013, at the LSU
Paul M. Hebert Law Center. Following an afternoon-long
continuing legal education seminar (the second annual
Pro Bono CLE Palooza), held by the Baton Rouge Bar
Foundation Pro Bono Project, a reception and honors
ceremony was held.
Ken Mayeaux, the two-year chairman of the Pro Bono
Committee, handed the reins to Emily Ziober, the 2013
Pro Bono Committee chair. BRBA President Michael S.
Walsh presented those in attendance with certificates of
recognition and awards. The reception was sponsored by
the LSU Law Center.
Linda Law Clark and Gary McKenzie were honored
for each having donated 1,000 hours of pro bono work.
Melanie N. Jones was recognized for having donated 800
hours toward pro bono cases and the following were also
recognized: V. Charles Cusimano (600 hours); Kristina W.
Shapiro and Jeffrey S. Wittenbrink (500 hours); Anita R.
White and Scott P. Gaspard (400 hours); and Joanna B.
Hynes, Stephen P. Strohschein and Emily P. Ziober (200
hours).
Attorneys who donated 100 hours of pro bono work
received the Century Club Award. This list included
Samantha R. Ackers; J. David Andress; Emily Andrews;
Terry L. Bonnie; Daina Bray; E’Vinski Davis; George
E. Downing Jr.; Mark W. Fry; John C. Hopewell III;
Christine Lipsey; Amy L. McInnis; William D. Shea; and
Frank Tomeny III.
Pro Bono Coordinators Emily Chambers and Robin
Kay coordinated the BRBF Pro Bono Palooza and the
Pro Bono Century Club Recognition Ceremony. BRBA
Executive Director Ann K. Gregorie was present during
both events.
Jeffrey Wittenbrink, Gary McKenzie, Linda Law Clark and Emily P. Ziober
were honored with certificates and awards for their dedication to pro bono
during the Pro Bono Awards Ceremony, which followed the Second Annual
Pro Bono CLE Palooza Jan. 9, 2013. The afternoon of CLE seminars and the
reception were held at the LSU Paul M. Hebert Law Center. While Wittenbrink
has contributed 500 hours and Ziober has contributed 200 hours, McKenzie
and Clark have each donated 1,000 hours toward the BRBF’s various pro
bono programs.
Terry L. Bonnie, Joanna B. Hynes and Samantha R. Ackers were honored for
contributing 100 or more hours toward the Pro Bono Project efforts. Bonnie
and Ackers are new members of the Century Club, while Hynes has joined
the Double Century Club with her contribution of 200 hours of pro bono.
New bar leaders installed, awards given during
January ceremony and reception
Michael S. Walsh was sworn in during a ceremony
held Tuesday, Jan. 8, 2013, at the U.S. District Court
Around the Bar
9
PHOTO BY PAMELA LABBE
for the Middle District of Louisiana. Chief U. S. District
Judge Brian A. Jackson and U. S. District Judge James J.
Brady presided over the ceremony. Bar leaders, including
the board of directors and section leaders, were also
installed.
Catherine Saba Giering was presented with the Young
Lawyers Section Judge Keogh Award during the Jan. 8,
2013, installation ceremony at the U. S. District Court for
the Middle District of Louisiana.
A reception sponsored by the Middle District of
Louisiana Bench Bar Fund was held after the ceremony.
First Circuit Court of Appeal Email Notification
program has been updated
The Louisiana First Circuit Court of Appeal instituted
a voluntary Email Notification Program in November
2009. For the past three years, the program has been
enormously successful. More than 2,100 attorneys and
parties without counsel have registered for the program
and less than one percent have cancelled.
In January, the First Circuit took the final step to fully
implement emailing as an official transmission method for
notices of judgment and dispositions of the court.
The prior law provided that the delay for applying for a
rehearing or a writ of certiorari to the Supreme Court runs
from the mailing of the notice of judgment and opinion of
the appellate court. During the 2012 Regular
Session of the Legislature, Act 290 was
passed to amend Code of Civil Procedure
articles 2166 and 2167 and Children’s
Code article 1143. Coordinating changes
to the Uniform Rules of Louisiana Courts
of Appeal, posted to the announcement
section on the First Circuit website, www.
la-fcca.org, were adopted in October and
took effect Jan. 1, 2013. The changes to the
law and rules provide that as of Jan. 1, the
delay for applying for a rehearing or a writ
of certiorari to the Supreme Court now runs
from the date of transmission of the notice
of judgment. “Transmission” is defined as
the sending by U.S. mail, email or fax.
The First Circuit clerk’s office now issues
a “Notice of Judgment and Disposition” with
each opinion and writ application decision
issued by the court. This notice complies
with the First Circuit’s newly adopted Local
Rule 6. Local Rule 6 states that U.S. mailing
addresses are to be included on the notice,
but if the notice is sent to a person by email
or fax, the email address or fax number will
be printed below the U.S. mailing address
for that person. Furthermore, Local Rule 6
states that the clerk will transmit the notice
by only ONE of the three transmission
10
Around the Bar
Michael S. Walsh was sworn in as the 84th president of the Baton Rouge
Bar Association Tuesday, Jan. 8, 2013, at the U. S. District Court for the
Middle District of Louisiana. Chief U. S. District Judge Brian A. Jackson and
U. S. District Judge James J. Brady (not photographed) presided over the
ceremony. The installation was followed by a reception.
methods. Local Rule 6 ensures that all litigants are made
aware of who received the notice, when, and by what
transmission method.
Email notification is sent from 1stcircuitenotify@
la-fcca.org with the First Circuit docket number in the
subject line and with an electronic image in PDF format
of the issuance attached. The advantages for ENotification
registrants is that they receive their transmissions from
the court much more quickly than those who opt for U.S.
March 2013
PHOTO BY PAMELA LABBE
mail. The ENotification program has significantly reduced
costs for postage, printing and copying and has helped the
court deal with recent budget cuts.
For more information, see the First Circuit website at
www.la-fcca.org or call 225-382-3000.
Annual memorial ceremony draws large audience
PHOTO BY PAMELA LABBE
YLS Past Chair Jamie Hurst Watts presented Catherine Saba Giering with the
2013 Judge Joseph Keogh Memorial Award on behalf of the BRBA Young
Lawyers Section in recognition of outstanding service to the BRBA at the
Jan. 8, 2013, bar leaders installation ceremony. Watts was honored as one
of the recipients of the President’s Award by 2012 BRBA President Gail S.
Stephenson during the ceremony.
The annual ceremony that honors deceased BRBA
members and recognizes new members – the Opening of
Court, Memorial & New Member Ceremony – took place
Wednesday, Jan. 30, 2013, in the 11th floor ceremonial
courtroom of the 19th Judicial District Court.
The LSBA Member Outreach and Diversity
Department was on hand taking photos and producing new
membership cards during the reception, which followed
the ceremony and was sponsored by the Louisiana State
Bar Association.
Judge Anthony Marabella, Loren Shanklin, Vic Suane
Jr. and Ed Walters co-chaired the committee that organized
the ceremony. The event was held by the BRBA, the Baton
Rouge Association of Women Attorneys, the BRBA Young
Lawyers Section, the Louis A. Martinet Legal Society, the
Louisiana State Bar Association and the 19th Judicial
District Court.
Special thanks to Clarity Litigation Support (formerly
E-Discovery of Baton Rouge) for preparing and running
the ceremonial digital presentation.
YLS luncheon scheduled for mid-June
The next Baton Rouge Bar Association luncheon,
which will be organized by the Young Lawyers Section
Council, is scheduled for Thursday, June 13, 2013. Scotty
Chabert is the 2013 chair of the Young Lawyers Section.
Although subject to change, the location is expected to
be at De La Ronde Hall. Bar luncheon registration forms
will be available online, in the June 2013 Around the Bar
magazine and in the BRBA’s weekly eNewsletter.
Judge Anthony Marabella, Mrs. and Mr. Willie D. Maynor, and Loren Shanklin
were photographed above after the completion of the Opening of Court,
Memorial & New Member Ceremony held Wednesday, Jan. 30, 2013, at
the 19th Judicial District Court’s 11th Floor Ceremonial Courtroom. Judge
Marabella and Shanklin co-chaired the event, along with Vic Suane Jr. and
Ed Walters. Mr. Maynor was recognized for practicing law for 50 years.
March 2013
PHOTO BY PAMELA LABBE
PHOTO BY PAMELA LABBE
Louis Curet (left), one of our oldest BRBA members, participated in the
Opening of Court, Memorial & New Member Ceremony by introducing
participating judges, including those who are currently on the bench
and some who are retired. Pictured right, Judge Douglas Gonzales (Ret.)
attended the ceremony.
Southern University Law Center Chancellor Freddie Pitcher Jr., LSU Law
Chancellor Jack Weiss and LSBA President John H. Musser IV jointly lit the
ceremonial candle prior to the introduction of new bar members during the
Opening of Court, Memorial & New Member Ceremony held Jan. 30, 2013.
Around the Bar
11
A hotly contested issue:
Divorcing couples fight to claim children
as dependents for income tax purposes
BY JOANNA HYNES
One of the more hotly
contested issues in many
custody and child support
cases is which parent will be
entitled to claim the child
as a dependent for income
tax purposes. In many cases,
parents can agree to – or a
judge can determine – a plan
for custodial periods fairly
easily, and as Louisiana is a
guidelines jurisdiction,1 child
support is by the numbers. It
is not uncommon to spend as
much or more time arguing
about tax benefits than about
custodial periods.
The Civil Code establishes which parent is entitled
to the tax benefits in the “default” scenario. Louisiana
law provides that the court shall designate a domiciliary
parent in all custody cases except for good cause shown.2
However, in cases in which both parents have historically
had an equally active role in the child’s life and neither
parent is clearly the better choice, opting to stipulate to no
designated domiciliary parent is frequently in everyone’s
best interest: the parties are spared the cost and stress of a
bitter litigation, and lowering the level of family conflict is
best for the child.3 Similarly, a judge may decide after trial
on the merits that having no domiciliary parent is in the
best interest of the child. It should be noted that although
attorneys, judges and parties may call this arrangement
“co-domiciliary parents,” technically, this is inaccurate.4
For families in which there is a domiciliary parent, the
Civil Code provides that the domiciliary parent is entitled
to the tax benefits.5 However, the non-domiciliary parent
may seek the tax benefits if he can show that: (i) he is not in
arrears on child support payments; (ii) he pays more than
50 percent of the child’s support; (iii) he can substantially
benefit from the right to claim the child for tax purposes;
and (iv) the domiciliary parent would not be significantly
harmed by the non-domiciliary parent claiming the tax
benefit.6 When the domiciliary parent files income taxes
and her income is such that she might claim any dependent
benefit, it will be almost impossible to show that the
domiciliary parent would not be substantially harmed by
losing the right to claim the child for tax purposes.7
12
Around the Bar
The Internal Revenue
Code (IRC) provides the
answer for families with no
domiciliary parent as well
as imposing an additional
burden on a non-domiciliary
parent who prevails under
Louisiana Revised Statutes
9:315.18. The IRC defines
custody differently than
does the Louisiana Civil
Code. For the sake of
clarity in this article, unless
otherwise indicated, the
term “custody” refers to the
IRC’s definition of custody.
While Louisiana presumes
joint legal custody, under the IRC’s definition, it is unlikely
that more than one parent will have custody.8 Under the
IRC, whichever parent has custody of the child for the
most nights per year is the custodial parent.9 Even with
an equal sharing plan, that is, each parent having physical
custody of the child approximately one-half of the time,
in most years, one parent will have more nights than the
other. If the child is spending the night somewhere else, but
would normally be with a parent, the parent who would
otherwise have the child counts that night.10 For example,
if during the mother’s custodial period, the child spends
the night at a friend’s house, that night would count for
the mother. However, leap years have an even number of
nights, and there remains the possibility of another relative
being granted court ordered overnight visitation rights.11
Both circumstances might create a situation in which the
parents each have exactly the same number of nights.
The IRC has a tie breaker if both parents had exactly the
same number of nights for a particular year: whichever
parent has a higher adjusted gross income is considered
the custodial parent and thus entitled to claim the child.12
However, the IRS also provides Form 8332, which allows
the custodial parent to give the right to claim the benefits
to the non-custodial parent.13 This form may be signed for
current year and/or for future years.14
The IRC preempts state law and judgments.15
Therefore, even if the parties agree or the judge orders
that a particular non-domiciliary parent, whether or not
in a family with a domiciliary parent, is entitled to the tax
March 2013
benefits for a child, that parent may not be entitled to the
full battery of benefits for the child based on that parent’s
status as “non-custodial” under the IRC, regardless of
whether that parent has custody under Louisiana law. The
United States Tax Court has made clear that “the Internal
Revenue Service cannot be expected to police divorce
decrees and separation agreements or determine taxpayer
compliance therewith.”16 If the non-custodial parent fails
to file Form 8332 with the IRS, the state court judgment
awarding the non-custodial parent the tax benefits is likely
to be found insufficient to establish the non-custodial
parent’s right to the tax benefits.17
Although attorneys, judges and parties alike refer to
“the tax deduction” for the minor child, the IRC establishes
multiple tax benefits that might be available to a tax-filing
parent of a minor child.18 The list of available benefits
is ever-changing depending on Congress’s whim and is
beyond the scope of this article. Some of these benefits
may be claimed by the non-custodial parent, while others
may not be claimed by the non-custodial parent even if
that parent has custody under Louisiana law.19
If multiple tax payers attempt to claim the same child,
the IRC has a system to determine which tax payer gets
the tax benefits. In descending order, the Internal Revenue
Service (IRS) will grant the benefits to:
1.
2.
3.
4.
Non-custodial parent who files Form 8332;
Custodial parent;
Non-custodial parent; then
Third party who supported the child.20
The IRS is not required to honor the terms of the
Louisiana judgment, and a non-custodial parent who fails
to file Form 8332 is unlikely to prevail in tax court if the
custodial parent claims the child, even if the custodial
parent’s claiming the child is against the order of a
Louisiana court.21 Therefore, it behooves family attorneys
and judges to require that Form 8332 be executed as part
of the judgment granting the non-custodial parent the
right to the tax benefits.
On a practical note, most clients would prefer certainty
regarding tax benefits, rather than having to count
nights and/or compare adjusted gross incomes each year.
Moreover, determining the tax deduction issue once and
for all should reduce future conflict. Even if the custody
plan has been drafted to be exactly 50/50, for leap years,
there will be a tie. The easiest way to craft a judgment
or ruling that provides this certainty without creating a
conflict between a state judgment and federal law is to
make certain that for any given year, the parent who is
March 2013
to get the tax benefit(s) actually has more nights. When
the intention is that the non-custodial parent will get the
tax benefits, whether or not Louisiana Revised Statutes
9:315.18 applies, the judgment should provide that the
custodial parent sign IRS Form 8332 explicitly giving the
non-custodial parent the right to claim the child for one
year or for additional, future years.
1
See La. R.S. 9:315.
See La. R.S. 9:335.
3
See Remson v. Remson, 95-1915 (La. App. 1 Cir. 4/4/96), 672 So.2d
409, superceded in part by La. R.S. 9:335.
4
See Katherine Shaw Spaht, The Two “ICS” of the 2001 Louisiana Child
Support Guidelines: Economics and Politics, 62 La. L. Rev. 709, 731
(2002) (referring to “the oxymoronic ‘co-domiciliary’ parents”).
5
See La. R.S. 9:315.18.
6
See id.
7
See Skipper v. Skipper, 46-0935 (La. App. 2 Cir. 2/1/12), 86 So.3d 707,
citing Semmes v. Semmes, 45-0006 (La. App. 2 Cir. 12/16/09), 27 So. 2d
1024, and Neill v. Neill, 33-0398 (La. App. 2 Cir. 6/21/00), 764 So.2d
235.
8
Compare La. C.C. art. 132 with I.R.C. § 152(e)(4)(A) (2011).
9
See I.R.C. § 152(e)(4)(A) (2011).
10
See id.
11
See La. R.S. 9:344 and La. C.C. art. 136 and La. Ch.C. art. 1264 and
La. Ch.C. art. 1256 and La. Ch.C. art. 1218.
12
See I.R.C. § 152(c)(4)(A)(ii) (2011).
13
See I.R.C. § 152(e)(2) (2011).
14
See id.
15
See U.S. Const. art. I, § 8 (reserving to Congress the power to establish
and collect federal taxes).
16
Armstrong v. Comm’r, 139 T.C. No. 18 at 13 (Dec. 19, 2012), citing
Gessic v. Comm’r, T.C. Memo 2010-88 (Apr. 22, 2010).
17
See Hanson v. Comm’r, T.C. Memo. 2012-352 (Dec. 19, 2012) (finding
that an Iowa judgment that awarded joint legal custody to the parents,
physical custody to the mother, and the tax benefit to the father if he was
current with child support payments, was insufficient to establish the
father’s right to the tax benefits when he attached the judgment to his tax
return but did not submit Form 8332 with his tax return).
18
See, e.g., I.R.C. § 21 (2011) (“Expenses for household and dependent
care services necessary for gainful employment”) and I.R.C. § 24 (2011)
(“Child tax credit”) and I.R.C. § 32 (2011) (“Earned income”).
19
Compare I.R.C. § 151(c) (2011) (“Allowance of deductions for personal
exemptions,” for which the term “qualified child” may be defined by any
term of I.R.C. § 152, including the special rules for divorced parents
(I.R.C. § 152(e)) with I.R.C. § 32 (2011) (“Earned income” credit, for
which the term “qualified child” may not be defined by the special rules
for divorced parents).
20
See I.R.C. § 152 (2011).
21
See supra at 16 and 17.
2
Around the Bar
13
Who’s the boss? Issues with co-domiciliary
parenting in Louisiana1
BY TAMYRA NICOLE CRAIG
“Co-domiciliary parenting” did not become an issue
until the mid-1990s, after the law was amended by the
Acts of 1993, and subsequently by the Acts of 1995.2 In
what appeared to be differing opinions over the “for other
good cause shown” provision, the individual circuit courts
of Louisiana began to render opposing decisions on the
co-domiciliary issue.3 One of the first cases to openly test
the co-domiciliary arrangement was Remson v. Remson
of the First Circuit.4 Decisions since Remson have varied
throughout the five circuits of the state, but Remson was
one of the first to expose the complexities associated with
co-domiciliary parents and the sensitivity with which
courts need to address the matter.
Several complicated issues arise from naming parties
as co-domiciliary parents, all of which center around the
effect of the well-being of the child. Of course, the law
was intended to address the issues, but it is uncertain if the
most positive solution has been reached thus far. Louisiana
law explicitly states that “[i]n a decree of joint custody the
court shall designate a domiciliary parent
except when there is an implementation
order to the contrary or for other good
cause shown.”5 But, what exactly is good
cause? Loosely defined, it is “a legally
sufficient reason.”6 In actuality, good cause
is a very subjective term and is left to the
discretion of the trial judge rendering the
custody decree. This “good cause” is to be
determined by a person who essentially has
only testimony and maybe expert evaluation
on which to base a decision. This is not in
any way to demean the decision of a trier
of fact; however, custody determinations
involve the very fragile nature of children,
always the most innocent parties in divorce
proceedings.
A custody determination, although
made with the best intentions, can have
serious long-term, negative consequences.
Thus, placing a child in a situation where
no parent is truly in charge seems to
be a dangerous consequence of the codomiciliary arrangement. Arguments have
been made to counter this concern. Indeed,
the Louisiana Legislature has adopted
statutes to avoid this problem, such as
the act creating the Parental Coordinator,
14
Around the Bar
authorized by sections 9:358.1-9:358.9.7 This statute
authorizes the court to appoint a coordinator who will
delineate which duties and responsibilities will be had by
each parent. Admittedly, this seems to be a logical solution
by the Legislature to make sure that joint custody remains
the favorite custody arrangement and that all the kinks
have been worked out to ensure that such an arrangement
operates smoothly. Still, the systematic operation of the
delineated responsibilities is bound to hit a roadblock at
some point.
Trial courts usually consult experts before deciding
whether a co-domiciliary arrangement is in the best interest
of the child. Many seem to determine that a co-domiciliary
arrangement is necessary to creating a well-balanced
environment.8 However, some researchers argue that this
could be detrimental to the child’s psyche and suggest that
“[t]he primary focus is to ensure that he has easy access to
the adult he has formed the most emotional bond with.”9
This would seem to suggest that the child spend more time
March 2013
with the more nurturing of the two parents, instead of
existing in an equal physical custody arrangement.
To be sure, some believe that the co-domiciliary
arrangement is the best for all parties involved in a custody
dispute and that awarding one parent the domiciliary status
“is the main reason parents fight over child custody because
the domiciliary parent has several key advantages.”10 Other
studies have even suggested that, for older children in this
situation, having to choose one parent over the other can
give them a sense of guilt, possibly causing stress and/or
depression.11 It must be conceded that all such concerns
are well-founded. As stated above, the very nature of a
custody battle can be detrimental to the already fragile
nature of a child subjected to a divorce. Nonetheless, all
of these concerns are rebuttable and can be either positive
or consequential when a co-domiciliary arrangement is
implemented. Going forward, no matter the outcome, it
is a necessity that the co-domiciliary issue be addressed in
greater detail, as it certainly will be a frequently revisited
topic.
1
For more in-depth treatment of this subject see Tamyra N. Craig, Who’s
the Boss? Issues with Co-Domiciliary Parenting in the State of Louisiana,
39 So. U. L.R. ___ (forthcoming 2013), available at http://papers.ssrn.
com/sol3/cf_dev/AbsByAuth.cfm?per_id=1714253.
2
Acts 1993, No. 261, § 5 amended and reenacted Part III of Chapter 1 of
Code Title V of Code Book I of Title 9, comprised of R.S. 9:351 to 9:356,
to comprise Subpart A, R.S. 9:331 to 9:333; Subpart B, R.S. 9:335 to
9:337; Subpart C, R.S. 9:341 to 9:345; and Subpart D, R.S. 9:351 of Part
III. Before the 1993 amendment and reenactment, the
subject matter now contained in this section could be
found in C.C. art 131(A)(1) and (D).
3
See Remson v. Remson, 95-1951 (La. App. 1 Cir.
4/4/96), 672 So.2d 409; Stephens v. Stephens, 02-0402
(La. App. 1 Cir. 6/21/02); 822 So.2d 770.
4
Remson, 672 So.2d 409.
5
Ketchum v. Ketchum, 39-082 (La. App. 2 Cir.
09/01/04), 882 So.2d 631.
6
Good Cause Definition, Black’s Law Disctionary
251 (9th ed. 2009).
7
Albrecht v. Albrecht, 974 S.W.2d 262 (Tex. App.
1998).
8
Remson, 672 So.2d 409.
9 Craig v. Craig, 42,363 (La. App. 2d Cir. 5/9/07),
956 So.2d 819, writ denied, 07-1349 (La. 7/27/07),
960 So.2d 64.
10
Lisa Clark, “I don’t want to do this anymore.”
What Happens When Couples Divorce, Baton Rouge
Parents Magazine, Jan. 2006, available at http://www.
bigsheep.biz/Docs/Divorce.pdf.
11
Angela Lang, The Effect of Divorce on Early
Childhood Development (July 19, 2010), http://www.
livestrong.com/article/178423-theeffect-of-divorceon-early-childhood-development/#ixzz1eOKRvby7.
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March 2013
Around the Bar
15
16
Around the Bar
March 2013
Interview with 18th Judicial District Court
Chief Judge William C. Dupont
BY REBECCA WISBAR
VITAL STATISTICS
Age: 60
Born & Raised: in Plaquemine, La.
Education: St. John High School,
Southeastern Louisiana University and Loyola University
Family: Married to Mary Dupont;
two daughters, Kristen and Lauren
ATB: What are the duties of the 18th JDC Chief Judge?
JWCD: You have to send in information to the Supreme
Court. You have to spread out the information that they
send you to where it belongs; make sure everybody is doing
the right thing; and, of course, we try to have our regular
meetings with judges, because there are always little things
coming up that you have to get together on if something is
going on within your district.
ATB: You attended Southeastern Louisiana?
JWCD: I went to Southeastern for three years. I do not
have a degree. I went straight into law school. You can’t
do it now. You could do it then, as long as you had the
GPA, hours and the credits. I went straight into law school
at Loyola.
ATB: So you definitely knew you wanted to be an attorney
from an early age?
JWCD: Well, not really. I was going to be a veterinarian
until I took the first college chemistry course and decided
I wasn’t going to be a veterinarian. I really wasn’t crazy
about school. The quickest I could get out, the better. I
did what I had to, took the courses I had to take to get
into law school in three years. Got to law school, and a
small group of us figured out how we could get out of
law school in less than three years. I got out of Loyola in
two and a half years so I made it through college and law
school in less than five and a half years.
ATB: When you finished law school, you came back to
Plaquemine?
JWCD: I had two brothers who were lawyers. I had a great
opportunity. I worked and interned at the law firm and
became a partner right off the bat. It was a great position
to be in. First week out of law school, go try this case, win
in about 30 minutes. We had a general practice. Criminal,
March 2013
civil, domestic, you know, we had a general practice.
Small town. As time went on, I started specializing a little
more. I had the actual opportunity in my last year of law
school because I was with the clinical program, and we
were able to practice law under a special court. I practiced
as a student assistant DA in Jefferson Parish.
ATB: Who was your mentor?
JWCD: Well, my brothers Joe and Jimmy. My oldest
brother passed away a few years back, but they were
obviously my mentors. My father was not a lawyer, but
coming up, a lot of people thought he was a lawyer. He
had two brothers who were lawyers.
ATB: What’s the best advice you were ever given?
JWCD: The best advice I was ever given actually still goes
back to my father. Coming up, I didn’t know what I was
going to be or do, and he always said, “It doesn’t matter
what you want to do. I don’t care if you’re a doctor, a
lawyer or garbage collector – Just be the best at whatever
you are going to do. Enjoy what you’re doing and you be
the best you can be at it.”
That’s the best advice I think anybody can have for a
profession. And I treat my daughters the same way. And
that’s good I think. You have to let children be what they
want to be. Well, I was always taught by example. If you’re
at a position where you have the ability to help people, go
out your way to help, if you can. And I’ve always pretty
much stayed by that. I don’t know how many divorces
and criminal cases I never got a penny for representing.
That goes with the theory of pro bono. And I think I was
taught that in early life coming up.
ATB: Who have you always looked up to?
JWCD: I always looked up to my father. I looked up to my
brothers, because obviously they were my mentors when
I came out of law school. And there was a time when you
Around the Bar
17
learn on your own to become your own individual.
My mother was the person who kept the house and
the family going. My father gave me the influence of the
man in the house. He was in politics and I learned through
his example to be honest and to be straightforward with
people.
If it’s not a good case, you tell them. Got a bad case,
you tell them, too. Don’t just tell them what they want
to hear just so you could get the case or just because you
want to make them feel good. Be honest and upfront to
people and I think that’s one big thing that has always
stayed with me throughout my whole career – tell it like
it is.
ATB: What would your advice to an attorney practicing
in your court would be?
JWCD: Be prepared. Be on time. Don’t get stuck on the
legalities. I know you’re a lawyer, but remember you have
clients. There’s a real world out there, and sometimes,
especially in domestic cases, it’s not about winning and
losing. It’s about getting the right thing done for the
people. So don’t get stuck on the law. Remember you’re
dealing with individuals, and sometimes you have to
compromise. Well, not sometimes, probably all the time
you have to compromise. I find some of the lawyers are
the hardest to get along with, it’s just win,
win, win, and they’re not really thinking
about the results of a win. Ok, because
you can sometimes win or lose.
JWCD: I’d kind of like to have Teddy Roosevelt be one.
Because you can learn so much from that aspect of things
– politics. He was a pretty forward-speaking guy; he said
what he wanted, and what was on his mind came out his
mouth. I really like Abraham Lincoln. I think that would
be an interesting conversation and insight on many, many
things that probably could go forward through today. And
third, George Washington. That was pretty significant to
start a country. I bought the whole set: the Constitution,
Bill of Rights, and I put them in the back of the courtroom.
I constantly remind people that these are real doctrines.
ATB: What books have you most recently read or are
currently reading?
JWCD: I read African Game Trail by Teddy Roosevelt.
ATB: Of your work as a judge, what do you find to be the
most rewarding?
JWCD: There is a part that’s rewarding and a part that’s
also very difficult. I became very, very involved with the
justice reform when it started. I became very involved
with the Juvenile Judge’s Association to the extent that
I started volunteering for different committees, and we
worked with the Children’s Cabinet. When you have one
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ATB: What do you do when you’re not
working?
JWCD: I enjoy hunting and fishing, but
not as much as I used to. I enjoy being on
my house boat. I’ve been hunting all over
the world. I’ve been to Africa and Spain,
so I enjoy travel.
ATB: How would you complete this
sentence—If I could have dinner with
three people, living or dead, they would
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18
Around the Bar
March 2013
a situation that works, it’s very rewarding to see one kid
really turn around or if you can stop them right there,
then you really know you have accomplished something. I
still am involved with juveniles. I’m still on the board with
the Judge’s Juvenile Association and we are still involved
with the subcommittees, all the judges in the state and
Baton Rouge. I still stay involved. I do handle juvenile
cases. Here in District Court right now, the position has
all judges handling them, and they’re kind of split up. I
just don’t think that’s the most efficient way for juveniles.
GAIL’S GRAMMAR
Commas are not required to set off Jr. and Sr. If they are
used, however, they must appear both before and after the
suffix. Commas should never be used with Roman numerals
as part of a name.
Correct Examples:
John Jacob Jingleheimersmitz, Jr., is my dad.
John Jacob Jingleheimersmitz Jr. is my dad.
My name is John Jacob Jingleheimersmitz III.
Thanks to Sherry Cannon for suggesting this topic. Send
suggestions for future Gail’s Grammar columns
to Gail Stephenson at [email protected],
or call Gail at 225-771-4900 (ext. 216).
I think one judge should handle it for consistency – the
concept of one family, one judge – because there will be
cases where I’ll have a kid and then five months from now,
he does something else and another judge is assigned that
kid.
ATB: Your advice for young lawyers?
JWCD: Take your job seriously. Respect your clients.
Return their phone calls. If they have a good case, tell
them they have a good case. If they have a bad case, tell
them upfront they have a bad case. When you say, I can
do something, and you can’t, it just comes back in more
ways to haunt you.
And there’s nothing wrong with losing a case. You
win some, you lose some. You need to evaluate cases
upfront and not just take them because you need a case.
Be honest with your clients, take your job seriously and
be the best at what you’re doing. And if you are doing
what you like, it’ll be something you enjoy. You want
to enjoy your work. You don’t want it to be a drag
for you.
FORMER SOCIAL SECURITY JUDGE
PETER J. LEMOINE
Social Security Disability Law
Offices in Alexandria, Baton Rouge, Cottonport
Adjunct Professor (1994-1997), Northwestern State University
MEMBER: Louisiana State Bar Association, Baton Rouge Bar Association,
Avoyelles Parish Bar Association, National Organization of Social Security Claimant Representatives,
Legal Services for Purposes of Disability Committee (Louisiana State Bar Association).
PUBLISHED ARTICLES: “The Worn-Out Worker Rule Revisited,”
“Significant Work-Related Limitations of Function Under §12.05C,”
“Questionable Retirement and the Small Business Owner,”
“Crisis of Confidence: The Inadequacies of Vocational Evidence Presented at Social Security Disability Hearings.”
225-922-4551
March 2013
Around the Bar
19
20
Around the Bar
March 2013
board synopsis
BY JEANNE COMEAUX
BRBA & BRBF Board of Director meeting minutes:
Jan. 16, 2013 - Board voted to (1) co-sponsor the LSBA
Diversity Conclave; (2) conduct an interest indicator
regarding interest in a Corporate Law Section; and (3)
submit nominations to the LSBA for a variety of service
awards. The Board also announced the Opening of the
Court, Memorial and New Member Ceremony to be held
Jan. 30, 2013, at 8:30 a.m. at the 19th Judicial District
Court. The Young Lawyers Section reported that it has
scheduled an event for each month of 2013.
Volunteer writers needed
to submit substantive legal articles
for publication in future
Around the Bar issues.
Contact Pamela Labbe at [email protected]
or 225-214-5560 for more information.
Volunteer for an
Ask-A-Lawyer
legal clinic.
Contact Emily at the
Baton Rouge Bar Foundation
Pro Bono Project at
225-214-5558 to volunteer.
DAVOLI, KRUMHOLT & PRICE
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Louisiana Workers’ Compensation Act
and the Longshore and Harbor
Workers’ Compensation Act.
We practice exclusively in these areas and have helped
thousands of client’s over the years obtain the benefits
they are owed AND assisted countless
other attorneys with workers’ compensation
issues that arise in their own cases.
WE ARE AVAILABLE TO TALK TO YOU.
6513 Perkins Road • Baton Rouge, LA 70808
(225) 757-8908 • (225) 767-4486 fax
email: [email protected]
Attorneys are frequent lecturers on workers’ compensation issues, members of the
Louisiana Bar Associations Legal Services for Persons with Disability Committee,
Baton Rouge Bar Association Workers’ Compensation Section
and the Governor’s Executive Counsel involving workers’ compensation issues.
March 15 is the deadline
for the Volunteer Committee to collect
10,000 plastic Easter Eggs
stuffed with individually wrapped candy
for the BRBF Easter Eggstravaganza
project. This year we are fortunate to have
students from the Teen Court program
to help with the preparation for the
Eggstravaganza. Please donate unfilled
plastic eggs and/or bags of individually
wrapped candies. Teens will be at the
BRBA office to fill on March 14th.
For more information or to let us know that
you or your firm wishes to donate eggs,
bags of individually wrapped candy or
your time, please contact
Carole McGehee
at 225-214-5557
or [email protected].
Brad Price is the attorney responsible for the content of this advertisement.
March 2013
Around the Bar
21
foundation footnotes
The Pro Bono Project is financially assisted by the Interest on Lawyers’
Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation;
Southeast Louisiana Legal Services; Family, District and City Court
Filing Fees and the Baton Rouge Bar Foundation.
PRO BONO PROJECT & TEEN COURT REPORTS FOR JANUARY
PRO BONO PROJECT REPORT
TEEN COURT REPORT
We would like to thank all of
our Pro Bono Project volunteers
for their contributions during
January.
The Thirst for Justice solo
practitioner
volunteers
were
Bryron Kantrow, Scott Gaspard,
Alexis Luker, Glenn Marcel, Judge
Melvin Shortess (Ret.) and Jimmy
Zito. Thirst for Justice volunteers practicing with a firm
were J. Brian Juban, Keegan, DeNicola, Kiesel, Bagwell,
Juban & Lowe; Juli Keenan, Baker Donelson; and Robert
Wooley, Adams and Reese.
The Ask-A-Lawyer volunteers were Jim Austin,
Adams and Reese; and Lauren Covell, Covell & Covell.
The Self Help Resource Center attorney volunteers
were Samantha R. Ackers; Roy Bergeron, Brandi Cole,
Alex Velazquez, Phelps Dunbar; Terry Bonnie; Ryan
Brown, Roedel, Parsons; Jennifer Gauthreaux Prescott,
deGravelles, Palmintier, Holthaus & Fruge; and Judy
Martin, Franciscan Legal Services.
The students volunteering with our outreach clinics
included Justin Bello, Kathryn Dufrene, Catherine Sens,
Chris Vietnas, LSU Paul M. Hebert Law Center; Danielle
Metoyer, Steffi Oblisundar, Kristen Pride, Natasha
Strickland, Kirbie Watson, Southern University Law
Center; and Sarah Bradley.
The following volunteer accepted Pro Bono cases
during the month of January: Booker Carmichael, Murray
& Murray.
The Pro Bono Project would like to extend sincere
gratitude to the LSU Paul M. Hebert Law Center for
serving as the host for the 2013 Pro Bono CLE Palooza,
and to Professor Ken Mayeaux and Brenda Salassi for
coordinating all efforts. We would like to thank thank
the following speakers: Judge Laura Davis, Baton Rouge
City Court; Judge Douglas Dodd, U.S. Bankruptcy Court;
Wendy L. Edwards, Dampf, Thibaut & Hessburg; David
Hansen, Brandon Hudson, Jennifer Hull and Steven
Reed, Southeast Louisiana Legal Services; William N.
King, Louisiana State Bar Association; Linda Law Clark,
Decuir, Clark & Adams, LLP; Garth Ridge; and Judge
Lisa Woodruff-White, East Baton Rouge Family Court.
We wish to thank the LSU Paul M. Hebert Law Center for
sponsoring our cocktail reception and Michael S. Walsh
for serving as master of ceremonies during our Century
Club awards program.
Raveen Hills, Josh Melder, Deanne Murrey,
Michael Nowlin and Tavares Walker served as judges
for the January hearings. Diangleo Frazer and Brennan
Vazquez, Southern University Law Center, served as
jury monitors and teen attorney mentors.
If you are interested in volunteering, please contact
Donna Buuck at 225-214-5556 or [email protected].
22
Around the Bar
JUNIOR PARTNERS ACADEMY
In January, 10 classes of second- through fifth-grade
students at Dalton Elementary and Southern University
Lab School participated in presentations about Dr. Martin
Luther King Jr. and peaceful resolutions of conflict.
Steve Carleton, Preston J. Castille Jr., Melanie Fields,
Gail Grover, Jamie Gurt, Raveen Hills, Judge William
Morvant, Terri Ricks, Prof. Wendy Shea; LSU Law Center
students Sarah Call, David Greene, Elli McKean, Hattie
Vaughn and Autumn Warner, and Southern University
Law Center students Portia Johnson, Ebony Morris and
Courtney Richardson conducted the lessons.
Teen Court of Greater Baton Rouge is funded by a grant from the
Louisiana Office of Juvenile Justice (formerly the Office of Youth
Development), a grant from the Louisiana Bar Foundation’s IOLTA
program and from the Baton Rouge Bar Foundation. This project is
also supported in part by Grant No. 2009-JF-FX-0059 awarded by the
Office of Juvenile Justice and Delinquency Prevention, Office of Justice
Programs, U.S. Department of Justice. Points of view or opinions in this
document are those of the author and do not necessarily represent the
official position or policies of the U.S. Department of Justice.
TEEN COURT OF
GREATER BATON ROUGE
needs attorneys to volunteer
to assist with the program.
To find out more, contact Donna Buuck
at 225-214-5556 or [email protected]
or R. Lynn Smith Haynes
at 225-214-5564 or [email protected].
March 2013
March 2013
2
For classified or display ad rates,
contact Pamela at (225) 214-5560
or email: [email protected]
Duty Court
Schedule
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5
6
7
8
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10
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15
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Calendar of Events
31
19THJDC CIVIL COURT
Feb. 25-March 8
March 11-March 22
March 25-April 5
Judge Caldwell
Judge Fields
Judge Morvant
19TH JDC CRIMINAL COURT***
Feb. 22-March 1
March 1-March 8
March 8-March 15
March 15- March 22
March 22-March 29
March 29-April 5
Judge Anderson
Judge Erwin
Judge Jackson
Judge Daniel
Judge Moore
Judge Johnson
BATON ROUGE CITY COURT*
Feb. 25-March 3
March 4-March 10
March 11-March 17
March 18-March 24
March 25-March 31
Judge Davis
Judge Temple
Judge Wall
Judge Alexander
Judge Ponder
FAMILY COURT**
Feb. 25-March 1
March 4-March 8
March 11-March 15
March 18-March 22
March 25-March 29
Judge Day
Judge Woodruff-White
Judge Day
Judge Lassalle
Judge Baker
JUVENILE COURT
March 1-March 31
Judge Taylor-Johnson
NOTE: Duty Court changes at 5 p.m. each Friday unless
otherwise specified.
*City Court’s Duty Court schedule changes each Monday at
8 a.m.
**Family Court’s Duty Court schedule changes at 4 p.m. each
Friday
***19th JDC Criminal Court changes each Friday at noon
COURT HOLIDAYS
Friday, March 8
Friday, March 29
*Unless otherwise noted, all meetings will
be held at the Baton Rouge Bar office.
Ongoing: Every Wednesday & Thursday, 3-5 p.m.,
Thirst for Justice takes place at St. Vincent de Paul.
Classifieds
ANYONE KNOWING THE WHEREABOUTS
of the last will and testament of Charles
D. (Decker) Whiteman, Jr., please contact
Sharon Whitlow, Long Law Firm, (225)
922-5110.
B AT O N R O U G E O F F I C E S PA C E :
Established firm; 201 Napoleon St., Downtown
near 19th JDC and Federal courthouses,
area for support staff, off-street parking,
conference room, copier, phone, fax, internet,
etc. Some over-flow work available. Call Scott
Gegenheimer: 225-346-8722.
LAW OFFICE SHERWOOD FOREST AREA.,
ideal for solo practitioner up to three offices with
room for secretary. Common office building
with three attorneys. Ample parking. High
ceilings. Includes water, lawn, and electricity.
Phone system in place and included. Copier/
Fax/Internet included. Pricing from $650. Call
Greg at 225-266-4130 to see.
VOLUNTEER WRITERS NEEDED
for Around the Bar magazine. BRBA members
who wish to have substantive legal articles
published in future issues of the magazine or
have interest in joining the BRBA Publications
Committee should contact Pamela Labbe at
[email protected] for more information.
BENCH BAR CONFERENCE
takes place in August this year! Build your
vacation plans around your CLE requirements.
12.5 hours of CLE credit available. Aug.1-3,
2013, Perdido Beach Resort, Orange Beach,
Ala. See our printable registration form online:
www.BRBA.org. Call the BRBA office with any
questions: 225-344-4803.
Professional
Development Day
Good Friday
MEETING ROOM FACILITIES AVAILABLE FOR
DEPOSITIONS & MEDIATIONS
BRBA members can reserve conference rooms for $50 per day ($25 per half day) per room.
Non-members receive a rate of $250 per day ($125 per half day) per room.
Ongoing: Every Tuesday & Thursday,
10 a.m.-2 p.m., Self Help Resource Center,19th JDC
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5
6
8
9
11
13
14
18
20
21
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27
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19th JDC Annual Evidence/Procedure
Seminar
Teen Court Training, 9 a.m.;
LSU Public Interest Law Society Job Fair,
10 a.m.-2 p.m., LSU Paul M. Hebert
Law Center
Finance Committee meeting, 7:30 a.m.;
Executive Committee meeting, 8 a.m.;
YLS Council meeting, 12 p.m.
Ask-A-Lawyer workshop, 10 a.m.,
Donaldsonville Senior Center;
Law Day Committee meeting, 12 p.m.;
Volunteer Committee meeting, 12 p.m.
19th Judicial District Court Closed —
Professional Development Day;
LSBA Conclave on Diversity in the Legal
Profession,Renaissance Hotel,
7000 Bluebonnet Blvd.
Ask-A-Lawyer workshop, 9:30 a.m.,
Eden Park Branch Library
Teen Court Committee meeting,
4:30 p.m., EBR Parish Juvenile Court;
Teen Court Hearing, 5:30 p.m.,
EBR Parish Juvenile Court
Pro Bono Committee meeting, 12 p.m.
Southern University Law Center 2L Mixer,
5-7 p.m., location: TBA
CLE Committee meeting, 12 p.m.
Ask-A-Lawyer workshop, 9 a.m.,
Catholic Charities;
Easter Egg Hunt, St. Francis Xavier
Early Learning Center, 10 a.m.
Board of Directors meeting, 5:45 p.m.,
Juban’s
Easter Egg Hunt, Dufrocq, 1:30 p.m.
FLS CLE & Meeting, 12-2 p.m., Juban’s
CLE Seminar: Streamline your office by
going digital: Creating an efficient
paperless office, 7:30 a.m.;
Easter Egg Hunt, University Terrace,
1:30 p.m.
Bench Bar Committee meeting, 12 p.m.;
Youth Education Committee meeting,
12 p.m.
BRBA Office Closed — Good Friday
To book and for more info., contact Meredith French
at 225-344-4803 or [email protected].
March 2013
Around the Bar
23
Baton Rouge Bar Association
P.O. Box 2241
Baton Rouge, LA 70821
Return Service Requested
PRSRT STD
U.S. POSTAGE PAID
BATON ROUGE, LA
PERMIT NO. 746