OBA/CLE - Oklahoma Bar Association

Transcription

Volume 76
◆
No. 27
◆
October 1, 2005
A L S O
I N S I D E
• Award Winners Announced
• Board of Governors Nominees
• Justice House Update
Calendar of Events
Train for Success
OBA CLE Seminars
Oct. 5 — Oklahoma City
“The 25 Credibility Arguments”
8 hrs. of MCLE credit, including 0 hrs. of ethics;
Oklahoma Bar Center; 1901 N. Lincoln Blvd.
The Fundamentals of Asset Protection
6 hrs. of MCLE credit, including 1 hr. of ethics;
Oct. 27 — Tulsa
“Attacking the Expert’s Opinion”
Perfecting the Attorney Client Relationship:
Communication and Contracts
Crowne Plaza Hotel; 100 E. 2nd St.
Oct. 12 — Edmond
A Quick Study: Wills, Trusts, Estate Planning,
Probate, and Living Wills
1 hr. of MCLE credit, including 0 hrs. of ethics;
The Sellers Event Center; 13700 N. Eastern Ave.
Oct. 28 — Tulsa
The New Workers’ Compensation Law
3 hrs. of MCLE credit, including .5 hr. of ethics;
Insurance Law Update - 2005 (video replay)
Insurance Law Update - 2005 (video replay)
Perfecting the Attorney Client Relationship:
Communication and Contracts
Indian Law for the Oklahoma Practitioner
Oct. 14 — Tulsa
The Fundamentals of Asset Protection
Check registration
times at www.okbar.org
Register online at
www.okbar.org or call
405.416.7006
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OFFICERS & BOARD OF GOVERNORS
Michael D. Evans, President, Frederick
William R. Grimm, President-Elect, Tulsa
Rick Bozarth, Vice President, Taloga
Harry A. Woods Jr., Immediate
Past President, Oklahoma City
Stephen D. Beam, Weatherford
A. Camp Bonds Jr., Muskogee
Dietmar K. Caudle, Lawton
J. William Conger, Oklahoma City
Michael W. Hogan, McAlester
Jerome A. Holmes, Oklahoma City
R. Victor Kennemer III, Wewoka
Steven R. Mackey, Tulsa
Mike Mordy, Ardmore
Jon K. Parsley, Guymon
Robert B. Sartin, Tulsa
Linda S. Thomas, Bartlesville
Luke Gaither, Henryetta, Chairperson,
OBA/Young Lawyers Division
BAR CENTER STAFF
John Morris Williams, Executive Director;
Dan Murdock, General Counsel; Donita Bourns
Douglas, Director of Educational Programs;
Carol A. Manning, Director of Public Information;
Craig D. Combs, Director of Administration;
Gina L. Hendryx, Ethics Counsel; Jim Calloway,
Director of Management Assistance Program; Rick
Loomis, Director of Information Systems; Beverly S.
Petry, Administrator MCLE Commission; Elizabeth K.
Davis, Coordinator Law-related Education; Loraine
Dillinder Farabow, Janis Hubbard, Nathan Lockhart
and Mike Speegle, Assistant General Counsels; Tony
R. Blasier, Chief Investigator; Robert D. Hanks, Ray
Page and Jim Yandell, Investigators
Nina Anderson, Manni Arzola, Jenn Barrett, Jo
Beall, Cheryl Beatty, Melissa Brown, Brenda Card,
Sandy Cowden, Chaz Davis, Sharon Dotson,
Johnny Marie Floyd, Matt Gayle, Susan Hall,
Suzi Hendrix, Misty Hill, Heidi McComb, Jeanne
Minson, Wanda Reece-Murray, Sandy Neal, Tim
Priebe, Lori Rasmussen, Mark Schneidewent, Dana
Shelburne & Roberta Yarbrough
EDITORIAL BOARD
Editor in Chief, John Morris Williams
News & Layout Editor, Carol A. Manning
Editor, Ronald Main, Tulsa
Associate Editors: Steve Barnes, Poteau; Martha
Rupp Carter, Tulsa; Luke Gaither, Henryetta;
D. Renee Hildebrant, Oklahoma City; O.B.
Johnston III, Vinita; John Munkacsy, Lawton;
Julia Rieman, Enid; James Stuart, Shawnee
and Judge Lori M. Walkley, Norman
NOTICE of change of address (which must be in
writing and signed by the OBA member), undeliverable copies, orders for subscriptions or ads, news
stories, articles and all mail items should be sent to
the Oklahoma Bar Association, P.O. Box 53036,
Oklahoma City, OK 73152-3036.
Oklahoma Bar Association (405) 416-7000
Toll Free (800) 522-8065
FAX (405) 416-7001
Continuing Legal Education (405) 416-7006
Ethics Counsel (405) 416-7083
General Counsel (405) 416-7007
Law-related Education (405) 416-7005
Lawyers Helping Lawyers (800) 364-7886
Mgmt. Assistance Program (405) 416-7008
Mandatory CLE (405) 416-7009
OBJ & Public Information (405) 416-7004
Board of Bar Examiners (405) 416-7075
Oklahoma Bar Foundation (405) 416-7070
Vol. 76 — No. 27 — 10/1/2005
EVENTS CALENDAR
OCTOBER
4
Death Oral Argument; Richard Norman Rojem Jr.v. State;
1:30 p.m.; Court of Criminal Appeals Courtroom
5
OBA/CLE; “The 25 Credibility Arguments;” Oklahoma Bar
Center, Oklahoma City; Contact: (405) 416-7006
6
OBA/CLE; “Attacking the Expert’s Opinion;” Oklahoma Bar
OBA Diversity Committee Meeting; 3 p.m.; Oklahoma Bar
Center, Oklahoma City and Tulsa County Bar Center, Tulsa;
Contact: Joseph McCormick IV (405) 844-6874
7
OBA Communications Committee Meeting; 9 a.m.; Oklahoma
Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa;
Contact: Doug Dodd (918) 591-5316
11
Death Oral Argument; Alfred Brian Mitchell v. State;
10 a.m.; Homsey Courtroom, OCU School of Law
Robert J. Turner Inn of Court; 5 p.m.; Oklahoma Bar Center,
Oklahoma City; Contact: Hank Meyer (405) 272-0200
12
OBA/CLE; “The Fall Lunch Bunch: An Edmond Experience;”
Sellers Event Center, Edmond; Contact: (405) 416-7006
OBA Work, Life Balance Task Force Meeting; 12 p.m.;
Oklahoma Bar Center, Oklahoma City and Tulsa County Bar
Center, Tulsa; Contact: Melody Jester (405) 231-5484
13
OBA/CLE; “The New Workers’ Compensation Law;”
Oklahoma Bar Center, Oklahoma City; Contact:
(405) 416-7006
14
OBA/CLE; “The Fundamentals of Asset Protection;” Crowne
Plaza Hotel, Tulsa; Contact: (405) 416-7006
OBA Board of Governors Meeting; 9 a.m.; Oklahoma Bar
Center, Oklahoma City; Contact: John Morris Williams
(405) 416-7000
OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar
Center, Oklahoma City and OSU Tulsa; Contact: Keith Jones
(918) 747-4600
The Oklahoma Bar Association’s official Web site:
www.okbar.org
THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar
Association. All rights reserved. Copyright© 2005 Oklahoma Bar Association.
The design of the scales and the “Oklahoma Bar Association” encircling the
scales are trademarks of the Oklahoma Bar Association. Legal articles carried
in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors.
THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED FOUR TIMES A
MONTH IN JANUARY, THREE TIMES A MONTH IN FEBRUARY, MARCH, APRIL,
MAY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER AND DECEMBER AND
BIMONTHLY IN JUNE AND JULY EFFECTIVE JAN. 1, 2003. BY THE OKLAHOMA BAR
ASSOCIATION, 1901 N. LINCOLN BOULEVARD, OKLAHOMA CITY, OKLAHOMA
73105. PERIODICALS POSTAGE PAID AT OKLAHOMA CITY, OK. POSTMASTER:
SEND ADDRESS CHANGES TO THE OKLAHOMA BAR ASSOCIATION, P.O. BOX
53036, OKLAHOMA CITY, OK 73152-3036. SUBSCRIPTIONS ARE $55 PER YEAR
EXCEPT FOR LAW STUDENTS REGISTERED WITH THE OKLAHOMA BAR ASSOCIATION, WHO MAY SUBSCRIBE FOR $25. ACTIVE MEMBER SUBSCRIPTIONS ARE
INCLUDED AS A PORTION OF ANNUAL DUES. ANY OPINION EXPRESSED HEREIN
IS THAT OF THE AUTHOR AND NOT NECESSARILY THAT OF THE OKLAHOMA
BAR ASSOCIATION, OR THE OKLAHOMA BAR JOURNAL BOARD OF EDITORS.
The Oklahoma Bar Journal
2177
THE ANNUAL
OKLAHOMA CRIMINAL DEFENSE LAWYERS ASSOCIATION
AWARDS FOR EXCELLENCE IN CRIMINAL DEFENSE
Each year your peers in the practice of criminal defense select three of their own to receive the most
prestigious awards for excellence in criminal defense achievements in Oklahoma. These awards are the
only awards that are nominated and selected by attorneys that practice criminal defense in Oklahoma.
The awards are as follows:
The Clarence Darrow Award
Clarence Darrow was born in Ohio in 1857. After being admitted to the bar in 1878, he became a smalltown lawyer for nine years.
During WWI he defended anti-war activists and was critical of The Espionage Act that was used to
stifle anti-war activities. You need only mention the names of his famous cases to realize his impact on
criminal defense; the Scopes Monkey Trial, the Scottsboro 9 and the Leopold-Loeb Murder Trials. A 1936 FBI
memo to Clyde Tolson, aide-de-camp to J. Edgar Hoover, gave Mr. Hoover some quotes that Clarence
Darrow had made in an article entitled Attorney for the Defendant. It was suggested that Mr. Hoover
could use these quotes in speeches to point out how unscrupulous criminal lawyers stimulate disrespect
for law and influence crime conditions.
The award recognizes the efforts of an individual who has, during the year, exemplified the zealous
criminal defense advocacy that befits the namesake of the award "Clarence Darrow". It is in the deeds
and spirit of Clarence Darrow that this award is given each year for the zealous criminal defense advocacy by an individual attorney. The only qualification requirement is that the event(s) upon which the
nomination is based must have taken place during the current year.
The Lord Thomas Erskine Award
Lord Erskine was a Scotsman, the third son of the 10th Earl of Buchan, educated at Edinburgh and
Cambridge and called to the bar in 1778. He was a strong advocate and defender of popular liberties and
constitutional rights. His defense of Thomas Paine cost him his post of attorney general to the Prince of
Wales. The award is given to honor a member of the criminal defense bar who has over the years steadfastly placed the preservation of personal liberties over his or her own personal gain or reputation. The
award is a cumulative year award and is not limited to any particular activities in any given year.
The Thurgood Marshall Appellate Advocacy Award
Thurgood Marshall, the grandson of a slave, was born in 1908 in Maryland. In 1930, he was denied
admission to the University of Maryland Law School due to the fact that he was black. This event was
to direct his future professional life.
In 1934, he began his association with the NAACP and dismantled school segregation in his 1954 victory of Brown vs. Board of Education of Topeka. He later desegregated graduate schools with his victory in
McLaurin vs. Oklahoma State Regents. As a Justice for the Court of Appeals for the 2nd Circuit, he made
112 rulings that were all upheld before the United States Supreme Court. As Solicitor General for the
United States, he won 14 of 19 cases argued before the United States Supreme Court. In 1967, Thurgood
Marshall was the first African American appointed to the United States Supreme Court. He was often
the lone voice of dissent against the death penalty and always spoke for voiceless Americans in his opinions. He died in 1993.
The only qualification for the awards is that the nominee must be the appellate attorney of record in
the decision that formed the basis of the nomination. However, there is no requirement that the decision
must have occurred within the current year.
Please submit written nominations and the reasons therefore to:
OCDLA
P.O. Box 2272
Oklahoma City, OK 73101
The deadline is October 13th, 2005. The awards will be announced prior to the OBA Convention and
awarded at the OCDLA Annual Meeting.
You do not have to be a member of OCDLA to nominate an individual.
2178
Vol. 76 — No. 27 — 10/1/2005
DEPARTMENTS
THEME:
IMMIGRATION LAW
2238
FROM THE PRESIDENT
EDITOR: STEPHEN BARNES
2240
FROM THE EXECUTIVE DIRECTOR
2241
LAW PRACTICE TIPS
2245
ETHICS/PROFESSIONAL RESPONSIBILITY
2247
OBA BOARD OF GOVERNORS ACTIONS
2251
OKLAHOMA BAR FOUNDATION NEWS
2253
ACCESS TO JUSTICE
2255
YOUNG LAWYERS DIVISION
2258
CALENDAR
2261
FOR YOUR INFORMATION
2264
BENCH AND BAR BRIEFS
2267
IN MEMORIAM
2239
EDITORIAL CALENDAR
2272
THE BACK PAGE
contents
Oct. 1, 2005
• Vol. 76
• No. 27
pg. 2181
pg. 2198
JUSTICE HOUSE
FEATURES
2181
AN OVERVIEW OF PATHWAYS TO THE
GREEN CARD
2185
IMMIGRATION BASED ON
FAMILY RELATIONSHIPS
2193
TWO INTERSECTIONS OF SOCIAL SECURITY
LAW AND FOREIGN EVENTS
2005 OBA
AWARD
WINNERS
PLUS
2198
JUSTICE HOUSE UPDATE
2203
ANNUAL MEETING
2225
NEW ATTORNEYS TAKE OATH
2229
LAMBIRD SPOTLIGHT WINNERS
ANNOUNCED
2231
STATEMENT OF OWNERSHIP,
MANAGEMENT AND CIRCULATION (REQUIRED BY 39 U.S.C. 3685)
2234
PROPOSED 2006 BUDGET
pg. 2203
Vol. 76 — No. 27 — 10/1/2005
2179
2180
Vol. 76 — No. 27 — 10/1/2005
Immigration
Law
An Overview of Pathways
to the Green Card
By William O’Brien and Vance Winningham
T
he Greek statesman Pericles boasted in his funeral oration
during the Peloponnesian War that Athens allowed foreigners to live within its borders and that they were never
expelled from Athens.
For much of its history, the United States had
a similar policy regarding immigration, but in
1882, the U.S. Congress passed the first law
that placed restrictions on who could come to
this country. Since that time there have been
numerous legislative enactments regarding
immigration, and many judicial decisions on
the subject have played a role in the development of contemporary immigration law. And
while immigration law impacts every state and
local government, it is solely the preserve of
the U.S. Congress. The U.S. Supreme Court has
held that, “Over no conceivable subject is the
legislative power of Congress more complete.”1 The acquisition of a visa that will vest
an immigrant with what is known as “permanent resident status” (or “green card”) is what
is sought by legal immigrants. Most immigrant
visas are subject to numerical limitations
imposed by Congress in consultation with
what is now known as the Department of
Homeland Security.
Immigrant visas are obtained by petitioning
the United States Citizenship and Immigration
Service. A primary basis for such petitions is
having qualified relatives who are either U.S.
citizens or have permanent residence status.2
Spouses, widows, widowers, unmarried minor
Vol. 76 — No. 27 — 10/1/2005
children of citizens under 21 years old and parents of citizens are considered immediate relatives not subject to numerical limitations.3 The
category also includes permanent residents
who have been out of the country for more
than one year. There are several limited family
categories as well. These include adult sons,
daughters, brothers and sisters of U.S. citizens,
and there are several other limited categories
that concern the immediate family of lawful
permanent residents of the U.S.4
Permanent resident status can be obtained
through employment as well. Congress has
enacted a system that has five different categories known as preferences for that purpose.
The first one is for applicants who have displayed “extraordinary ability.” The regulations
adopted by the Department of Homeland
Security define that term as denoting an individual who is “one of a small percentage who
have risen to the very top of their field” in the
sciences, arts, education, business or athletics.5
This category is unique in that it does not
require that an applicant who falls within it
have an offer of employment in this country,
nor is he or she required to obtain a labor certification from the Department of Labor. In
addition, it is not subject to numerical limita-
2181
tion while all the
other employmentbased preferences
are limited in that
regard.6
“
“
The second preference is “exceptional
ability,” defined as
an ability that is
“significantly
above” that of most
people in that particular field.7 An
individual petitioning for it must have
an offer of employment in his or her
field and a labor certification, unless the
certification requirement is waived
because it is in the
national interest to
do so. The third category
includes
skilled
workers
with several years
of experience in
their field and professionals with at
least a bachelor’s degree in their field. Labor
certification is required.8
An alien must now normally file an
application for political asylum within
one year of his or her arrival in
this country…
The fourth category is unskilled workers. A
labor certification is required.9 Labor certifications are obtained from the U.S. Department of
Labor after that agency has determined that
there are no American workers who are ready,
able, willing and qualified to fill the position in
question.10 The U.S. Department of Labor has
designated nurses and physical therapists as
“shortage occupations,” and thus a labor certification is not required for these occupations.11
The final category is foreign investors who
will invest at least $1 million in the United
States in a new commercial undertaking that
will create at least 10 new jobs. If the new business is in a rural area or an urban area with
high levels of unemployment, the amount
invested in the new business only has to be
$500,000.12
Any alien who is in the United States may
qualify for political asylum in this country if he
or she is unable to avail him or herself “of the
protection of that country because of persecu2182
tion or a wellfounded fear of
persecution on
account of race,
religion, nationality, membership
in a particular
social group or
political
opinion.”13 An alien
must now normally file an
application
for
political asylum
within one year of
his or her arrival
in this country,
and may be ineligible to file for
any further immigration benefits if
it is found that he
or she filed a frivolous claim.14
The burden of
proof is on the
applicant, and he
or she must show
that the fear is
“well-founded.”
The regulation mandates that an applicant can
satisfy the standard of a fear of persecution
being well-founded if he or she can establish
that a pattern or practice of persecution exists
in his or her country on account of race, religion, national identity, or political opinion and
the applicant is a member of a group that is
subject to that unfair treatment.15 The U.S.
Supreme Court has interpreted that requirement to mean that an individual applicant
must be able to show a “clear probability of
persecution.”16
A claimant for asylum must file an application, and is then given an interview with an
asylum officer who will review the information contained in the application in a nonadversarial manner. The asylum seeker has a
right to file an application for a work authorization 180 days after his or her asylum application has been filed.17 The applicant has a
right to counsel being present at the interview
and may submit affidavits executed by witnesses who have knowledge of the applicant’s
case. If the asylum officer denies the claim, the
case is referred to an immigration judge.18 The
Vol. 76 — No. 27 — 10/1/2005
asylum officer is not required to state reasons
for his or her decision regarding an
application.
The immigration judge has a de novo hearing
regarding the claimant’s claim for political asylum. The application will be denied by the
immigration judge in the event that the applicant fails to meet his or her burden, or if he or
she had previously participated in persecution
of others, or has been convicted of a crime that
makes him or her a danger to this country or
that there are reasonable grounds to believe
that the alien is a danger to the security of the
United States.19
In the event asylum is granted, the applicant
has the right to remain in this country for an
indefinite period of time and is also entitled to
work as well. He or she can also file a petition
on behalf of a spouse or children who are outside of the United States and bring them to this
country. An asylee who remains in the United
States for one year after being granted asylum
may file for an adjustment of status to that of a
permanent resident alien.20 In the event that an
alien wishes to appeal an immigration judge’s
order denying political asylum, he or she can
appeal that determination to the Board of
Immigration Appeals, which is a branch of the
U.S. Department of Justice.21 That board is
composed of a chairman and 14 other members who are all appointed by the U.S. attorney
general. The board’s review is not a trial de
novo, and is confined to the record of the proceeding heard by the immigration judge, and
the alien is required to file a brief in support of
his or her appeal. The department is not
required to file a brief, but may do so.22
An appeal from a finding made by the Board
of Immigration Appeals must be filed in the
appellate court of the federal circuit in which
the decision of the immigration judge was
issued within 30 days of the date of its
issuance.23
Vol. 76 — No. 27 — 10/1/2005
1. Fiallo v. Bell, 430 U.S. 787 (1977).
2. 8 USCA Sec. 1153(a)(1).
3. Id.
4. 8 USCA Sec. 1153(a)(4).
5. 8 CFR Sec. 204.5(2).
6. 8 CFR Sec.204(5)
7. 8 USCA Sec. 1153(a)(b).
8. 8 USCA Sec.1153 (c ) (2)
9. 8 USCA Sec.1153 (3) (c)
10. 8 USCA Sec. 1182
11. 8 USCA Sec. 1182 (a)(5)(A)
12. 8 USCA Sec. 1153 (5)(A)
13. 8 CFR Sec. 208.13
14. 8 USCA 1158 (b)
15. 8 CFR Sec. 208.13
16. INS v. Cardoza-Fonesca, 480 U.S. 421 (1987).
17. 8 CFR Sec.208.7
18. 8 CFR Sec. 208.14 (b)(2)
19. 8 CFR Sec. 208.13
20. 8 CFR Sec. 208.22.
21. 8 CFR Sec.3 (b)(2)
22. 8 CFR Sec. 3.1 (e), 3.3 (c ), 3.5
23. 8 USCA Sec 1252 B (b)(2).
ABOUT THE AUTHORS
William O’Brien is an assistant
attorney general for the state of
Oklahoma. He has a B.A. from
Loyola University of New
Orleans, a bachelor of liberal
studies and masters of public
administration from OU, an
M.A. from OSU, a J.D. from
OCU School of Law and an
LL.M from Tulane University. He is a volunteer
attorney for the Catholic Charities Immigration
Division.
Vance Winningham practices in
the areas of immigration, naturalization and consular law. He is
a member of the first board of
trustees of the Washington,
D.C.-based American Immigration Law Foundation. He is the
founder and administrator of
www.americanvisas.com,
an
Internet-based network of nationally prominent
immigration lawyers, and is the only Oklahoma
immigration lawyer currently listed for more than 10
consecutive years in "The Best Lawyers in America."
2183
2184
Vol. 76 — No. 27 — 10/1/2005
Immigration
Law
Immigration Based on
Family Relationships
By Gisele Perryman
I
mmigration and citizenship issues permeate many different
aspects of everyday life. There are certain rules for obtaining
a Social Security card1 (or receiving benefits) for someone
who is not a United States citizen (U.S. citizen). There are certain
rules for paying taxes2 for someone who is not a U.S. citizen.
There are even certain rules for obtaining or receiving other benefits and privileges — such as a driver‘s license,3 an education4 or
owning real property5 — for those who are not U.S. citizens.
There are numerous ways for aliens6 to
obtain legal status in the United States, including generally: 1) temporary non-immigrant
status based on business7 or employment;8 2)
temporary non-immigrant status for pleasure
(tourist),9 cultural exchange,10 education11 or
religious exchange;12 3) immigrant status based
on employment;13 and 4) immigrant status
based on family relationships.14 There are also
humanitarian-based immigration statuses,
including generally: 1) refugees;15 2) asylees;16
3) special immigrant juvenile,17 4) humanitarian parole;18 and 5) temporary protected status.19 Each of these different immigration statuses have volumes of published materials
explaining and deciphering them. However,
the scope of this article is to provide a general
overview of immigration based on family relationships, and will only touch on other statuses as they relate to family-based immigration.
Vol. 76 — No. 27 — 10/1/2005
WHAT IS FAMILY-BASED IMMIGRATION?
The Immigration and Nationality Act allows
some foreigners to immigrate into the United
States, based on certain family relationships to
U.S. citizens or legal permanent residents.20
Immigration based on a relationship to a U.S.
citizen or legal permanent resident is familybased immigration.
There are worldwide yearly numerical limits
for immigrants in many categories, including
numerical limits for some family-based immigration categories.21 However, some very close
family members of U.S. citizens are exempt
from the worldwide numerical limits set by the
act: spouses, parents and unmarried minor
children.22 These numerically exempt aliens are
called immediate relatives.23 The numerically
limited categories based on family relationship
are placed into a preference allocation.24 The
following chart summarizes the preference
categories set by the act:25
2185
Preference Family Relationship Required for Preference Category
Category
WEBSEARCH
Internet Research Resources for Immigration Law and
Related Issues
While the following World Wide Web research resource
list is not exhaustive, it will give the researcher a
preliminary or background starting point for information
regarding immigration law and issues (the listed Web
sites are free):
1st
Unmarried sons and unmarried daughters26 of U.S. citizens.
2A
Spouses and children27 of legal permanent residents.
2B
Unmarried sons and unmarried daughters of legal permanent residents.
3rd
Married sons and married daughters of U.S. citizens.
4th
Brothers and sisters of U.S. citizens.
This Web site provides general information on human
rights. Particular to immigration asylum and humanitarian
issues, this Web site provides information on human
rights issues and annual reports of human rights violations by country and region.
A monthly publication of the United States
Department of State, the Visa Bulletin, tracks
the number of available family-based, employment-based and diversity visas per fiscal year
and gives the priority dates for each of the
preference categories.28 The “priority date” is
the date that the U.S. citizen or legal
permanent resident petitioned for the family
member’s immigrant visa.
Board of Immigration Appeals Practice Manual —
www.usdoj.gov/eoir/bia/qapracmanual/apptmtn4.htm
EFFECT OF DIVORCE UNDER
FAMILY-BASED IMMIGRATION
Amnesty International — www.amnesty.org
This Web site offers information regarding practice
before the board, including the board's practice manual
and information regarding proceedings and oral arguments before the board.
Foreign Affairs Manual —
www.foia.state.gov/regs/search.asp
The Foreign Affairs Manual is a publication by the United States Department of State that helps guide the officials in performing their duties. It is particularly useful to
the immigration practitioner to see what regulation the
official is using as a basis for deciding on the issuance or
denial of a particular visa. See 9 FAM Visas.
Perhaps the most volatile, controversial,
changing and abused family relationship is the
marital relationship.29 Divorce or separation
can greatly affect the status of the alien spouse
and the status of the alien spouse’s children, or
sons and daughters. It is wise for a family law
practitioner to bear in mind the possibility of
complications in divorce clients’ cases that
involve immigration based on family ties.
One complication would be where the alien
spouse is still on conditional permanent residency, which status is granted to alien spouses
Hague Convention —www.hcch.net/index_en.php
Specific to immigration issues, the Hague Convention
provides information regarding the validity of marriage,
the protection of women, families, property, the jurisdiction and enforcement of foreign judgments, and issues
relating to child abduction. A caveat to the immigration
practitioner is that not all countries prescribe to or are
signatories of the Hague Convention.
Immigration Law Portal — www.ilw.com/
2186
“
Divorce or separation
can greatly affect the
status of the alien spouse…
“
This Web site issues the Immigrant's Weekly, a free
immigration publication which can be sent by e-mail.
There is also the Immigration Daily, a free immigration
publication for immigration lawyers, which can also be
sent by e-mail. Both publications require registration.
Vol. 76 — No. 27 — 10/1/2005
if the petitioning spouse and the beneficiary
spouse were married less than two years at the
time of filing. Should the spouses divorce
during this time — before the adjustment of
status is done — the alien spouse could lose
the family relationship basis for immigration
and could be put in removal proceedings.30
There are some exceptions to this harsh
measure; for example, if the alien spouse is
abused, or if a divorce happened and the
marriage was entered into in good faith, the
alien spouse can self petition for the removal of
the conditional status.31
A second complication would be where the
alien is accused of domestic violence or child
abuse, which even if accused falsely and convicted would make that alien removable.32 A
family law practitioner should weigh the
necessity and ethical considerations of reporting the abuse to the proper authorities, or filing
a victim’s protective order against the alien
spouse — especially if the attorney suspects
false accusations of abuse.33
A third complication would be where the
alien spouse is either removed or decides to
leave the United States. The alien spouse could
possibly take the children of the marriage out
of the United States despite custody orders to
the contrary.34 The alien spouse could even
leave the United States without the children,
making collection of child support very
difficult, if not impossible, as many countries
do not acknowledge or enforce orders of
support granted outside the sovereign nation.
A fourth complication would be regarding
support of the alien spouse where the I-864
Affidavit of Support that was necessarily filed
in the family-based immigration case is still in
full force and effect. If the alien spouse cannot
support him — or herself and seeks meanstested public benefits, the petitioning spouse
would be required to repay the governmental
agency that provided the support, even if the
parties are divorced. In the I-864 Affidavit of
Support, the petitioner “agrees to provide support to maintain the sponsored alien at an
annual income that is not less than 125 percent
of the federal poverty line during the period in
which the affidavit is enforceable.”35 The I-864
Affidavit of Support is in effect until the alien
beneficiary has worked 40 qualifying quarters,
becomes a U.S. citizen, leaves the United States
or dies.36
Vol. 76 — No. 27 — 10/1/2005
WEBSEARCH
Oklahoma Employment Security Commission —
Workforce Oklahoma —Employment Services
www.oesc.state.ok.us/ES/default.htm
As related to immigration, this Web site offers Alien
Labor Certification information, including processing
dates. Among other information this Web site offers is
information regarding Workforce Oklahoma, Employment
Services, Indian and Native American Employment and
Training programs, OklahomaJobLink, and Job Corps.
United Nations —www.un.org
The United Nations provides information about international law, treaties and policy. It also provides information
regarding human rights (www.ohchr.org/english/) and
treaties (www.untreaty.un.org/English/treaty.asp). This
information is particularly useful to the immigration
practitioner as to asylum, temporary protected status,
business status, economic and social development, and
humanitarian issues that may arise in some cases. Vienna
Convention issues can also be found at the UN Web site,
or at the International Court of Justice (www.icj-cij.org/).
United States Citizenship and Immigration Services —
www.uscis.gov/graphics/index.htm
This detailed Web site offers information regarding citizenship and naturalization, immigrant and non-immigrant
visas, forms, immigration law and regulations, case status, and immigration services and benefits.
United States Congress —
www.thomas.loc.gov/home/legbranch/legbranch.html
One very limited and restricted way for an alien to seek
legal status in the United States is through what is called
a “private bill.” A member of the U. S. House of Representatives or of the U. S. Senate can author a private bill
for the immigration relief of some individuals in compelling situations. The rules and protocol for the private
bills can be found through a search of the U. S. House of
Representatives
(www.judiciary.house.gov/Printshop.aspx?Section=1) or
the U. S. Senate (see
www.rules.senate.gov/senaterules/rule14.htm) Web sites.
United States Custom and Border Protection —
www.cbp.gov
This division of the Department of Homeland Security
offers information regarding border security, imports,
exports, and travel into and out of the United States.
Information on this Web site can be used by the immigration practitioner for issues regarding deportation (border
security issues), and for employment immigrant and nonimmigrant visa issues regarding treaty traders and
investors. This Web site also provides links to the Denied
2187
WEBSEARCH
Persons List, the Debarred Persons List, NAFTA, Tariff
Classifications, Specially Designated Nationals and
Blocked Persons List, the Customs Rulings from CEBB
and CROSS, the Office of Foreign Assets Control, and
general import and export information, among many
other links.
United States Department of Homeland Security —
www.dhs.gov/dhspublic
The Department of Homeland Security was created after
the terrorist attacks of Sept. 11, 2001. It now encompasses the Immigration and Customs Enforcement (discussed
below), the United States Citizenship and Immigration
Services (formerly the Immigration and Naturalization
Service, discussed above), the United States Coast Guard
(www.uscg.mil/USCG.shtm), the Customs and Border
Protection (discussed above), and the Transportation
Security Administration (www.tsa.gov/public/index.jsp).
The Department of Homeland Security also provides
services and information regarding terrorist threats and
assumes primary responsibility in emergency and
disaster situations.
United States Department of Justice — www.usdoj.gov
The Department of Justice was the parent organization
for the Immigration and Naturalization Service before the
Department of Homeland Security. The Department of
Justice is still the parent organization for the Executive
Office for Immigration Review, the appellate division for
rulings of immigration judges. The Department of Justice
provides information regarding other entities that may
have immigration implications or issues; such as, the
Bureau of Alcohol Tobacco and Firearms, the Asset Forfeiture Program, the Civil Rights Office, the Drug Enforcement Administration, the FBI, the Foreign Claims Settlement Commission, INTERPOL, the Office of Attorney
General, and the Virtual Law Library (information regarding precedential opinions of the Executive Office for
Immigration Review — from Volume 10 — found at
www.usdoj.gov/eoir/vll/intdec/lib_indecitnet.html). The
Executive Office for Immigration Review Web site provides information and forms for appealing unfavorable
decisions of immigration judges. The site also provides
local operating procedures and a list of disciplined
attorneys. Fortunately, no Oklahoma attorneys are on the
list. Also available is a copy of the Executive Office for
Immigration Review's Professional Conduct for
Practitioners — Rules and Procedures, located at:
www.usdoj.gov/eoir/vll/fedreg/2000_2001/fr27jn00R.pdf.
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BASIC FORMS FOR FAMILY-BASED
PETITIONS
Immigration forms are self explanatory and
come with sufficient explanation for
completing and filing each form. Generally, the
following forms37 are necessary to petition for
immigrant status based on family relationship,
however, the necessary forms in a given
situation depend on the facts of that particular
case. The forms are available in pdf format at
http://my.okbar.org and have been posted to
www.oba-net.org.
1.
G-28. Notice of Entry of Appearance
as Attorney or Representative
2.
G-325A. Biographic Information
3.
I-130. Petition for Alien Relative
4.
I-360. Petition for Amerasian,
Widow(er), or Special Immigrant
5.
I-485. Application to Register
Permanent Residence or to
Adjust Status
6.
I-600. Petition to Classify Orphan as
an Immediate Relative
7.
I-600A. Application for Advance
Processing of Orphan Petition
8.
I-693. Medical Examination of Aliens
Seeking Adjustment of Status
9.
I-730. Refugee/Asylee Relative
Petition
10.
I-751. Petition to Remove the
Conditions on Residence
11.
I-765. Application for Employment
Authorization
12.
I-817. Application for Family Unity
Benefits
13.
I-824. Application for Action on an
Approved Application or Petition
14.
I-864. Affidavit of Support
15.
I-864A. Affidavit of Support Contract
between Sponsor and Household
Member
16.
I-864P. Poverty Guidelines
17.
M-603. Photograph Informational
Flyer
18.
N-400. Application for Naturalization
19.
N-600K. Application for Citizenship
and Issuance of Certificate
under Section 322
Vol. 76 — No. 27 — 10/1/2005
WEBSEARCH
United States Department of Labor — www.dol.gov
“
“
Family-based immigration
can be quite complicated…
CONCLUSION
This article is a general summary of immigration based on family relationships, and can
serve as a starting point for attorneys who
wish to begin practicing immigration law.
Family-based immigration can be quite complicated, depending on each particular situation. However, practicing family-based immigration can be very rewarding, especially if
one can get and keep families together.
1. See Form SS-5, published by the Social Security Administration
and GN 05010.000 Nonresident Alien Withholding Tax, found at
www.policy.ssa.gov/poms.nsf/lnx/0205010000.
2. See Publication 54, published by the Internal Revenue Service.
3. 47 Okla. Stat. §§6-103, 6-105, and 6-106.
4. For example, the F (student of an established university, college,
seminary, conservatory, academic high school, elementary school, in
another academic institution or in a language training program), the J
(student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge), and the M (a student
of an established vocational or non-academic institution) visa categories. 8 USC §§1101(a)(15)(F), (J), & (M); 8 CFR, part 214.
5. Okla. Const. art. 22 §1, 60 Okla. Stat. §121.
6. “The term ‘alien’ means any person not a citizen or national of
the United States.” 8 USC §1101(a)(3).
7. For example, the B-1 (business) or the E (treaty trader or
investor) visa categories. 8 USC §§1101(a)(15)(B) & (E).
8. For example, the L visa category. 8 USC §1101(a)(15)(L).
9. For example, the B-2 (tourist) visa category. 8 USC
§1101(a)(15)(B).
10. For example, the Q visa category. 8 USC §1101(a)(15)(Q).
11. See note 4, above.
12. For example, the R visa category. 8 USC §1101(a)(15)(R).
13. For example, aliens with extraordinary ability; outstanding
professors and researchers; certain multinational executives and managers; advanced degree professionals or aliens with exceptional ability; skilled workers, professionals, and other workers; religious workers; and employment creation aliens. 8 CFR §§204.5(h), (i), (j), (k), (l), &
(m); and 8 CFR ( 204.6.
14. See generally 8 CFR, part 204.
Vol. 76 — No. 27 — 10/1/2005
Particular to immigration, the Department of Labor
provides information and assistance for employmentbased visas. Such information includes the searchable
Occupational Outlook Handbook (www.bls.gov/
oco/home.htm), Employment & Training Administration
forms (www.doleta.gov/), the Division of Foreign Labor
Certification (www.workforcesecurity.doleta.gov/foreign/),
and the Nursing Relief for Disadvantaged Areas Act
(www.dol.gov/asp/programs/guide/nurses.htm).
United States Department of State — www.state.gov
The Department of State is responsible for issuance of
visas to foreign nationals. Generally, initial visa issuance
is done primarily through United States Embassies and
Consulates outside the United States, and renewal or
change of status is done within the United States through
the National Visa Center and the USCIS (www.travel.
state.gov/visa/immigrants/types/types_1309.html). The
Department of State is also responsible for issuance of
passports to United States citizens, and provides information with regard to issuance of passports to children,
international adoption, and international child abduction.
Also, the department provides travel warnings and background notes regarding recognized countries (www.state.
gov/r/pa/ei/bgn/), and is particularly suited for issues
regarding asylum, humanitarian relief and temporary
protected status. Many family-based, employment-based,
and diversity immigration categories have a limited number of available visas per year. Because of the limited
number of visas in certain categories, the DOS Visa Bulletin provides monthly information regarding priority
dates for each of the preference categories. Immigration
practitioners can subscribe to the online version of the
Visa Bulletin at wwwtravel.state.gov/visa/frvi/bulletin/
bulletin_1360.html.
United States Immigration and Customs Enforcement —
www.ice.gov/graphics
Immigration and Customs Enforcement investigates and
enforces immigration and customs laws within the United
States, provides protection of federal buildings, and provides information to local, state and federal law agencies
about aliens who are suspected, arrested, or convicted of
criminal activity. The Immigration and Customs Enforcement Office of Detention and Removal ensures that
deported and deportable aliens are removed from the
United States. In addition to the customs and enforcement duties it performs, Immigration and Customs
Enforcement provides information about the Student and
Exchange Visitor Program, and administers the Student
and Exchange Visitor Information System, a Web-based
program that tracks foreign students and exchange
visitors while in the United States.
2189
15. 8 USC §1101(a)(42) and 8 CFR, part 207.
16. 8 CFR, part 208.
17. 8 USC §1101(a)(27)(J) and 8 CFR §204.11.
18. For general information see, http://www.ice.gov/
graphics/internationalaffairs/oia/parole.htm and www.uscis.gov/
graphics/services/humanparole/.
19. See 8 CFR, part 244.
20. See generally 8 U.S.C. §§1101, 1151, 1153, 1154, 1182, 1186a, 1255;
and 8 CFR, parts 2 and 204. The U.S. citizen or LPR must petition for
the relative to enter the United States. Additionally, spouses and
minor, unmarried children of nonimmigrant aliens can derive status
based on their relationship to the primary nonimmigrant(s status. This
article presumes that the alien for whom a petition is filed is an admissible alien. The admissibility of an alien is the first hurdle for an alien
to be eligible for a visa, whether an immigrant or nonimmigrant visa.
The admissibility and removal of inadmissible aliens are beyond the
scope of this article. However, further details regarding the inadmissibility and removal of aliens can be found at 8 U.S.C. §§1182 & 1227.
21. 8 U.S.C. §1151.
22. 8 U.S.C. §1151(b)(2). For a U.S. citizen child to petition for his
parent, the child must be at least 21 years old.
23. A U.S. citizen can also petition for a nonimmigrant visa on
behalf of a fiancé(e). 8 U.S.C. §1101(a)(15)(K).
24. 8 U.S.C. §1153.
25. 8 U.S.C. §1153.
26. “Sons and Daughters” is a term used for immigration purposes to describe children who are over the age of 21. 8 U.S.C. §1153.
27. “Child” is a very detailed and specific term for immigration
purposes. Generally, a “child” is defined as:
[A]n unmarried person under twenty-one years of age who is —
A) a child born in wedlock;
B) a stepchild, whether or not born out of wedlock, provided the child
had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
C) a child legitimated under the law of the child(s residence or domicile, or under the law of the father(s residence or domicile, whether in
or outside the United States, if such legitimation takes place before the
child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
D) a child born out of wedlock, by, through whom, or on whose behalf
a status, privilege, or benefit is sought by virtue of the relationship of
the child to its natural mother or to its natural father if the father has
or had a bona fide parent-child relationship with the person;
E) a child adopted while under the age of sixteen years if the child has
been in the legal custody of, and has resided with, the adopting parent
or parents for at least two years: Provided, That no natural parent of
any such adopted child shall thereafter, by virtue of such parentage, be
accorded any right, privilege, or status under this Act; or
F) a child, under the age of sixteen at the time a petition is filed in his
behalf to accord a classification as an immediate relative under section
201(b), who is an orphan because of the death or disappearance of,
abandonment or desertion by, or separation or loss from, both parents,
or for whom the sole or surviving parent is incapable of providing the
proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United
States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and
observed the child prior to or during the adoption proceedings; or
who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at
least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child’s proposed residence: Provided, That the Attorney General is satisfied that proper care will be
furnished the child if admitted to the United States: Provided further,
That no natural parent or prior adoptive parent of any such child shall
thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.
8 U.S.C. ( 1101(b)(1). The terms “Parent,” “Father,” and “Mother” are
also detailed and specific for immigration purposes.
28. An immigration practitioner can subscribe to the monthly Visa
Bulletin through the United States Department of State Web site at
2190
www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. Priority
dates for September 2005 with regard to family based immigration are:
All
Chargeability
Family Based Areas Except
Immigration Those Listed
1st
15APR01
2A
22SEP01
2B
01APR96
3rd
15MAR98
4th
15DEC93
CHINA
mainland
born
15APR01
22SEP01
01APR96
15MAR98
15DEC93
INDIA
15APR01
22SEP01
01APR96
15MAR98
01JUN93
MEXICO
01JAN83
15AUG98
01JAN91
01JAN92
01JAN87
PHILIPPINES
22MAR91
22SEP01
01APR96
08SEP90
01MAR83
Note that some preference categories can take decades for the family member’s immigrant visa to come up, based on the priority date of
filing the petition.
29. The Immigration and Nationality Act punishes sham marriage,
which is a marital relationship entered into for the purpose of circumventing immigration laws. A full discussion regarding sham marriage
is beyond the scope of this article.
30. 8 U.S.C. §1186b.
31. For more exceptions, see the Violence Against Women Act, 8
U.S.C. §1154 and 8 CFR, part 204. In recognizing that men can also be
abused, men are included as possible victims with respect to the act’s
provisions.
32. For more categories that would make an alien removable, see 8
U.S.C. §1227.
33. 8 CFR, parts 3 & 292. Professional Conduct for Practitioners —
Rules and Procedure.
34. The United States Department of State has great information
regarding international parental child abduction issues. See
http://travel.state.gov/family/abduction/abduction_580.html.
35. 8 U.S.C. §1183a.
36. 8 U.S.C. §1183a.
37. These and other forms can be found at www.uscis.gov/graphics/formsfee/forms/index.htm, free of charge. Some forms can even
be electronically filed, if so noted at the Web site. Beware; however,
that some forms may state a certain filing fee that is incorrect. Correct
filing fees can be found at the link for each form at the preceding Web
site. Even though the USCIS is quick to notify of changing filing fees
before the change actually happens, it would be wise to re-check filing
fees immediately before filing the forms. Some forms require fingerprints (biometrics) to be taken. See www.uscis.gov/graphics/formsfee/finger/ALLAPPS1.htm for information regarding fingerprinting.
ABOUT THE AUTHOR
Gisele K. Perryman is an associate attorney at the Oklahoma
City office of Riggs, Abney, Neal,
Turpen, Orbison & Lewis PC.
Ms. Perryman has worked in
immigration law since 1991 as a
legal assistant and volunteer for
in the Spanish and Farm Worker
Divisions of Legal Aid. A 1999
graduate of OU College of Law, she has concentrated her practice in family-based immigration.
Vol. 76 — No. 27 — 10/1/2005
Vol. 76 — No. 27 — 10/1/2005
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Vol. 76 — No. 27 — 10/1/2005
Immigration
Law
Two Intersections of Social
Security Law and Foreign Events
By James A. Maccaro
T
he U.S. Social Security system, much in the news lately,
provides retirement, survivor and disability benefits to
qualifying workers.
This article addresses two Social Security
law issues that have in common that they
involve events that occurred outside the United States. The first section pertains to totalization agreements, which are agreements
between the United States and a foreign state,
crafted to provided relief to individuals who
worked in both countries and who could “fall
between the cracks” by not being eligible for
benefits from either government. The second
section addresses inequities that Holocaust
survivors could be subject to because of the
chaos in Europe during the Nazi era of the
1930s and ‘40s and its aftermath.
TOTALIZATION AGREEMENTS
Under all Social Security systems, an individual must work and make payments to the
program over a certain amount of time in
order to be eligible for disability or retirement
benefits.1 The situation can arise where an
expatriate is not eligible for Social Security
benefits because his or her work history is
divided between the person’s native country
and another country, usually the present country of residence.2 Totalization agreements
address this issue.3
The basic principle of a totalization agreement is that an individual who has split his or
Vol. 76 — No. 27 — 10/1/2005
her work history between his or her native
country and a new country and did not work
long enough in either country to qualify for
benefits under either country’s Social Security
system, may combine the work history in
order to obtain benefits in the country of residence.4 Hence, an individual who worked outside the United States, and who paid Social
Security taxes to the foreign country and not to
the U.S. government, can be treated as if the
benefits were made to the U.S. Social Security
trust fund. The benefits provided are known as
“totalization benefits” and vary depending on
the agreements. They are usually partial benefits, i.e., less than the amount that would be
received if eligibility was established independently of a totalization agreement.
Currently, totalization agreements are in
effect with 20 nations: Australia, Austria, Belgium, Canada, Chile, Finland, France, Germany, Greece, Ireland, Italy, South Korea, Luxembourg, the Netherlands, Norway, Portugal,
Spain, Sweden, Switzerland and the United
Kingdom. Information on the implementation
of these accords, including legal citations, as
well as information on pending negotiations, is
available at www.ssa.gov/international.
Although most commonly relevant when an
immigrant to the United States seeks Social
2193
A claimant utilizing a totalization agreement
can be covered by only one country’s system,
which is envisioned by the agreement to be the
country of residence.5 In other words, the expatriate cannot “double dip.” It is not intended to
be used to supplement a foreign
country’s benefits
with U.S. benefits,
nor to allow a person who is eligible
for foreign Social
Security benefits to
opt for presumably
more generous U.S.
benefits that he or
she would otherwise not be entitled
to claim.6
A new issue that
might cause confusion with regards to
totalization agreements is the prevalence of means testing for Social Security benefits in
some
countries
with which the U.S.
has
totalization
agreements. Since
the 1990s, Australia
and Canada have
instituted means
testing, i.e., a cut-off of benefits for people
whose income exceed a certain level. In Canada, the cut-off is currently intended to only
eliminate upper-income individuals, but in
Australia, it has been estimated that in the
coming decades between 30 and 70 percent of
workers will be ineligible for Social Security
benefits because of their income, a fact
that was not contemplated when the
U.S./Australian totalization agreement was
put into affect. Other facts that preclude a perfect “match-up” between the U.S. and our
totalization partners are differences in the
amounts of benefits (in Japan, for example,
benefits are much lower than in the United
States) and the existence of a large “under-
“
ground economy” of workers who do not pay
into the system (in Chile, for example, it has
been estimated that between 20 and 40 percent
of all earnings are unreported).
To claim U.S. benefits under a totalization
agreement, the claimant must have at least six
quarters of coverage earned under the U.S.
system.7
A good example of a totalization agreement
is the agreement
that was successfully negotiated
between
the
Republic of Ireland and the United States in 1992,
which went into
effect on Sept. 1,
1993.8 Ireland, like
the United States,
offers retirement,
survivor and disability benefits to
qualifying workers. Instead of
quarters of coverage, the Irish program uses weeks.
In other respects,
the two systems
are very similar.
“
Security benefits, totalization agreements are
reciprocal and, therefore, an American living
abroad can use this provision of international
law to claim Social Security benefits under the
host country’s system.
A claimant utilizing a totalization
agreement can be covered by only one
country’s system…
2194
Pursuant to the
totalization agreement, 13 weeks
credited to an individual under the
Irish system can be
treated as one
quarter of coverage under the American program. Conversely, each quarter of coverage
earned in the U.S. is eligible for conversion to
13 weeks under the Irish system.
Normally, an individual is only entitled to
disability benefits in Ireland if he or she was
incapacitated for at least 12 months while a
resident of Ireland, but under the totalization
agreement, the 12 month residency requirement is waived for Americans. In addition,
under the totalization agreement, no suspension of U.S. benefits will be applied to recipients in Ireland because of non-residence in the
U.S. This is pertinent because in the United
States, benefits are suspended for some noncitizens after they have been out of the United
Vol. 76 — No. 27 — 10/1/2005
States for more than six
months.9
HOLOCAUST
SURVIVOR
PROVISIONS
President Bush included a proposal for a
U.S./Mexico totalization
agreement in his recently
announced
plan
to
reform immigration policy and to create a “guest
worker” system for Mexico.
Currently, less than
$200 million in yearly
U.S. benefits are paid
under all totalization
agreements, which are
primarily with European
countries that have comparable Social Security
systems. Although it is
impossible to know how
many Mexicans would
be eligible for benefits in
the future under such
an
agreement,
the
Washington Post reported
on Dec. 19, 2002, in a
page one article headlined “U.S. Social Security May Reach to Mexico”
(available at their Web
site), that an estimated $1
billion in yearly U.S. benefits would be transferred to Mexico within
five years of implementation and that many billions more each year
could eventually flow
south of the border. The
Social Security Administration estimates that the
cost would be about $75 million per year, but
this is based on the assumption that no more
than 50,000 people will apply.
“
The concept of totalization was crafted as an
attempt to reconcile the
American Social Security
system to events occurring outside the country.
It, however, is not without precedent. Other
adjustments have been
made in the interest of
fairness for immigrants.
The most prominent
example of this is provided by the Holocaust provisions of the Social Security regulations and rulings.
…many victims of
Nazi persecution understated
their ages. In some cases, this
was necessary because
the Nazis more readily
killed older prisoners.
Vol. 76 — No. 27 — 10/1/2005
During the Holocaust,
many victims of Nazi
persecution understated
their ages. In some cases,
this
was
necessary
because the Nazis more
readily killed older prisoners. Younger people
were typically considered to be stronger and
were sent to work camps
where they had more of a
chance to survive. Also,
after the German surrender, many people were forced into refugee
camps, where some languished well into the
1950s. The Red Cross and other humanitarian
groups were able to rescue limited numbers of
people on the grounds that they were
orphaned children. Consequently, some people in their late teens and early twenties pretended to be 16 or younger. Many former
refugees eventually made their way to America to build new lives. One legacy of their past
that some kept, however, was their later birth
dates. This can create a problem for recipients
“
Clearly, expansion to Mexico, whose Social
Security system is vastly less generous than the
U.S. system, would exponentially increase the
number of non-residents claiming benefits
pursuant to a totalization agreement. This
would affect both Mexicans living in the United States as well as those who worked for a
period in the U.S. but then returned to their
homeland.
As a result of the
destruction and chaos of
the Nazi era and its aftermath, including the
Communist takeover of
Eastern Europe, problems can arise concerning proof of age.
2195
of Social Security retirement benefits because
the amount of payments due to an individual
can vary with that person’s age.10 Some
retirees, as a result of what they considered to
be a harmless discrepancy, are receiving less
than they are entitled to.
Difficulty proving a date of birth is not a
problem unique to Holocaust survivors. During and after World War II, many official and
church records were destroyed. Even in the
U.S., birth records have been destroyed as a
result of fires, floods and other disasters.
The best evidence of age is a birth certificate,
hospital birth record or religious document
recorded before age five.11 If this evidence cannot be obtained, the government will consider
other documents that show a date of birth,
such as census records, school records, insurance policies and passports.12 For some Holocaust survivors, even these forms of evidence
are not available. The Social Security Administration recognized the unfairness of this situation and created special rules for such situations.13
When a Holocaust survivor informs the
Social Security Administration that his or her
age is incorrect, the government will consider
any evidence that establishes the correct date
of birth, including official or religious records
of birth (preferably recorded before age five),
other documentation, and statements from
friends and relatives who have knowledge of
the claimant’s age. If no such evidence exists,
the government will accept a statement from
the claimant as adequate proof.
As the years pass, the number of Holocaust
survivors has diminished. Eventually the
Holocaust survivor provisions will no longer
be directly applicable. However, in some cases
they have been used as a precedent when adjudicating claims filed by people who have fled
oppressive states and who consequently do
not have access to birth records.14
Author’s Note: The views expressed in this
article are those of the author and do not necessarily reflect the position of the federal government.
1. For a comparison between the U.S. system and a foreign
approach, an excellent brief survey of the British program was provided by Professor Nicholas J. Wikeley of the University of Southhampton, England, in “Social Security Appeals in Great Britain,” The
OHA Law Journal, Vol. 4/No. 2 (Fall 1994), pp. 1 – 18.
2. See Monleone v. Sullivan, 735 F. Supp. 5 (D.C. 1990).
3. See Section 223 of the Social Security Act (42 U.S.C. 423) and 20
CFR 404.1901 et. seq. (Revised April 1, 2003).
4. See Social Security Ruling 80-15, Social Security Ruling 81-8,
Social Security Ruling 82-42 and Section 0970 of the SSA Handbook.
5. See 20 CFR 404.1901.
6. See 20 CFR 404.1913.
7. 20 CFR 404.404.1908
8. The United States/Ireland totalization agreement is discussed in
Section GN 01735 of the Social Security Program Operations Manual System.
9. See Section 202(t)(1) of the Social Security Act (42 U.S.C. 402).
10. See 20 CFR 404.715 and 416.801.
11. 20 CFR 404.716(a) and 416.802 – 416.805.
12. 20 CFR 404.716(b) and 416.802 – 416.805.
13. The rules are embodied in Social Security Ruling 81-16.
14. The Social Security Administration does not accept a decision
by an agency administrative law judge as legal precedent but it is not
unusual for an administrative law judge to look to a prior administrative law judge’s decision when adjudicating an obscure or unusual
issue.
ABOUT THE AUTHOR
James Maccaro is an attorney with the Office of
Hearings and Appeals of the Social Security Administration. He has written articles on Social Security
law and other subjects for numerous law journals and
has been cited in decisions by the U.S. Supreme
Court and the U.S. Court of Appeals for the D.C.
Circuit.
your source for OBA news.
2196
Vol. 76 — No. 27 — 10/1/2005
NOTICE OF JUDICIAL VACANCY
The Judicial Nominating Commission seeks applicants to fill the following judicial office:
Associate District Judge
Twenty-second Judicial District
Hughes County, Oklahoma
This vacancy is created by the retirement of the Honorable Greggory Smith effective
January 1, 2006.
[To be appointed an Associate District Judge, an individual must be a registered voter
of the applicable judicial district at the time (s)he takes the oath of office and assumes
the duties of office. Additionally, prior to appointment, the appointee must have had a
minimum of two years experience as a licensed practicing attorney, or as a judge of a
court of record, or combination thereof, within the State of Oklahoma.]
Application forms can be obtained by contacting Tammy Reaves, Administrative Office
of the Courts, 1915 North Stiles, Suite 305, Oklahoma City, Oklahoma 73105, (405)
521-2450, and should be submitted to the Chairman of the Commission at the same
address no later than 5:00 p.m., Friday, October 7, 2005. If applications are
mailed, they must be postmarked by midnight, October 7, 2005.
Louis Levy, Chairman
Oklahoma Judicial Nominating Commission
SECOND NOTICE OF JUDICIAL VACANCY
Associate District Judge
Fifth Judicial District
Stephens County, Oklahoma
This vacancy is created by the appointment of the Honorable Joe H. Enos to District Judge on June 30, 2005.
[To be appointed an Associate District Judge, an individual must be a registered voter of the applicable judicial
district at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, the appointee must have had a minimum of two years experience as a licensed practicing attorney, or as a
judge of a court of record, or combination thereof, within the State of Oklahoma.]
This is the SECOND NOTICE OF JUDICIAL VACANCY for the position of Associate District Judge, Fifth Judicial
District, Stephens County, Oklahoma. The FIRST NOTICE OF JUDICIAL VACANCY, given earlier in this
publication, resulted in only a single application being filed. A minimum of three (3) nominees for this judicial
position; however, is required by the Constitution to be sent to the Governor and Chief Justice of the Supreme
Court for selection of the next Associate District Judge. This judicial position will remain vacant until this
constitutional requirement is satisfied. (Okla. Const. Art. 7B, Sec. 4)
Application forms can be obtained by contacting Tammy Reaves, Administrative Office of the Courts, 1915
North Stiles, Suite 305, Oklahoma City, Oklahoma 73105, (405) 521-2450, and should be submitted to the
Chairman of the Commission at the same address no later than 5:00 p.m., Friday, October 7, 2005. If applications are mailed, they must be postmarked by midnight, October 7, 2005.
Vol. 76 — No. 27 — 10/1/2005
2197
THE JUSTICE HOUSE
Justice House Work in Progress
C
onstruction on the Jim F. Gassaway Justice House began
Saturday, Sept. 17, and considerable strides are already
being made. Bar members have volunteered to help
build the house, which is located in Spencer. Sharie
Northington and her children, Davion and Aubrey, will move
into the house after it is dedicated on Nov. 3.
The home’s foundation before construction began.
Volunteers help frame the house.
The walls are standing and blue board has been installed.
Vic Kennemer helps nail the trusses in position.
2198
Vol. 76 — No. 27 — 10/1/2005
THE JUSTICE HOUSE
Plywood is added on to the trusses.
Volunteers hammer the siding into place.
“Sharie Northington and
her children, Davion and
Aubrey, will move into the
house after it is dedicated
on Nov. 3.”
Teresa Keller paints the home’s siding.
Vol. 76 — No. 27 — 10/1/2005
Progress continues on the house as the shingles
and windows have been installed.
2199
THE JUSTICE HOUSE
Dedication Ceremony
F
ollowing the Annual Luncheon on Thursday, Nov. 3, join
your fellow bar members in Spencer for the Jim F.
Gassaway Justice House dedication at 3 p.m. In partnership with Central Oklahoma Habitat for Humanity, the OBA
will present the Northington family with their new home,
which is being funded and built by bar members. Tour buses
will provide transportation from the hotel to the Justice House.
No
n
constructio
d!
skills neede
Remaining
Construction Dates
:
Tuesday, Oct. 4
Thursday, Oct. 6
Saturday, Oct. 8
Tuesday, Oct. 11
CONSTRUCTION VOLUNTEERS NEEDED
M
ore volunteers are still needed
for the remaining construction
dates. No skills or experience
are necessary! To sign up, contact Rick
Bozarth at (580) 328-5581 or
[email protected]. Include
your contact information and the date(s) you
want to volunteer.
2200
Thursday, Oct.13
Saturday, Oct. 15
Tuesday, Oct. 25
Thursday, Oct. 27
Sheetrock
Interior Trim
Interior Paint
OU/Texas
Missouri at OSU
Cabinets, Hardware
,
Touch-Up/Clean-Up
Cabinets, Hardware
,
Touch-Up/Clean-Up
Landscape, CleanUp
OSU at Texas A&M
OU at Kansas
Carpet
Final Walk Thru,
Final Clean-Up,
Final Touch-Up
Vol. 76 — No. 27 — 10/1/2005
THE JUSTICE HOUSE
Donor Recognition
65,000
$
$60,000
65,000+
$
$50,000
$40,000
Allen M. Smallwood, Tulsa
Steven C. Davis (Davis Farms
Trust), Oklahoma City
Rodolf & Todd PLLC, Tulsa
OBA Estate Planning, Probate
and Trust Section
Clyde H. Amyx II, Frederick
Gable & Gotwals/James M.
Sturdivant, Tulsa
OBA Taxation Law Section,
Loyd Benson, Frederick
$30,000
$500 Builder
$20,000
$10,000
$0
T
he OBA has reached its goal of raising $65,000 for the
construction of the Jim F. Gassaway Justice House. More
than 150 donors contributed to the fund. Tip your hard hat
to the following individuals, businesses and organizations that
generously donated to the Justice House.
$5,000+ Developer
OBA Family Law Section
OBA Real Property Section
$2,500 Architect
The Ash Law Firm, Tulsa
OBA House Counsel Section
$1,000 Engineer
Jerome A. Holmes,
Oklahoma City
William Grimm, Tulsa
Vol. 76 — No. 27 — 10/1/2005
John Morris Williams,
Oklahoma City
Leforce & McCombs PC, Idabel
J. William Conger,
Oklahoma City
Michael D. Evans, Frederick
John Patrick Kent, Frederick
Oklahoma Attorneys Mutual
Insurance Co., Oklahoma City
Linda Thomas, Bartlesville
Crowe & Dunlevy,
Oklahoma City
Kevin T. & Rita J. Gassaway,
Tulsa
Anthony M. Massad (OU Class
of 1955), Frederick
Rick Bozarth, Taloga
Steidley & Neal PLLC, McAlester
Harley Venters, Oklahoma City
Paul McGivern, Tulsa
Jon Hunter Trudgeon, (through
Potts Family Foundation Inc.),
Oklahoma City
Lloyd Cole Jr., Stilwell
Jerry Tubb, Oklahoma City
The West Law Firm, Shawnee
Rex Travis, Oklahoma City
Betty Outhier Williams,
Muskogee
Richard Harris, Tulsa
David Petty, Guymon
William Sullivan, Oklahoma City
A. Camp Bonds Jr., Tahlequah
Donald R. Shaw, Idabel
Berry & VanMeter,
Oklahoma City
John A. Gaberino Jr.,
Tulsa
Howard K. Berry Jr.,
Oklahoma City
Phil S. Hurst, Sulphur
2201
Northcutt Clark Gardner Hron &
Tate, Ponca City
Anthony G. Mitchell, Hobart
Ty Johnson, Frederick
Luke Gaither, Henryetta
Jon Parsley, Guymon
Harry A. Woods Jr.,
Oklahoma City
John C. Hudson, Oklahoma City
Beale Professional Services,
Oklahoma City
Steven R. Mackey, Tulsa
James E. Green Jr., Tulsa
Phil Frazier, Tulsa
Patrick E. Carr, Tulsa
Dietmar K. Caudle, Lawton
Hodgden Hallren Smithton &
Hodgden PLLC, Woodward
R. Victor Kennemer III, Wewoka
Oklahoma Law Student Division
OBA Staff Raffle
Richard C. Ogden,
Oklahoma City
Robert B. Sartin, Tulsa
Graydon D. Luthey Jr., Tulsa
Seminole County Bar
Association
Todd Maxwell Henshaw, Tulsa
OBA Criminal Law Section
Charles W. Royer, Sarasota, FL
Phillips McFall McCaffrey McVay
& Murrah PC, Oklahoma City
Lee Slater, Oklahoma City
Thomas R. Brett, Tulsa
Brad Benson, Frederick
$260 Tradesman
David and Molly Boren, Norman
Sam P. Daniel Jr., Tulsa
James M. Emig, Ponca City
Lyons Clark & Mensching
Inc./Mark D. Lyons, Tulsa
Thomas G. Hilborne Jr., Tulsa
Steven L. Barghols,
Oklahoma City
Billy A. Mickle, Durant
Melissa DeLacerda, Stillwater
Payne County Bar Association
2202
C. B. Graft, Clinton
Larry E. Evans, Tulsa
William E. Gentry, Hobart
Janis Hubbard & Craig Combs,
Oklahoma City
OBA Insurance Law Section
Judge Deborah C. Shallcross,
Tulsa
our
y
p
i
T
t to
a
h
d
har
ing
w
o
l
l
o
the f iduals
indiv
$156 Carpenter
Burck Bailey, Oklahoma City
Roger L. Johnston, Enid
Judge Kenneth L. Buettner,
Oklahoma City
Grove Jones & Melders PLLC,
Oklahoma City
Glen D. Johnson Jr., Durant
John L. Arrington Jr., Tulsa
Jerry R. Nichols, Tulsa
Joe Crosthwait Jr., Midwest City
Tyson L. Williams,
Oklahoma City
John D. Rothman, Tulsa
Elaine S. Carpenter, Lawton
William C. Kellough, Tulsa
David C. Johnson Jr. PC,
Oklahoma City
R. Forney Sandlin, Muskogee
Deborah Scott Pappas,
Stillwater
James E. Golden Jr.,
Oklahoma City
$104 Framer
Richard Kells, Oklahoma City
Ronald Matlock, Oklahoma City
Mark W. Curnutte, Vinita
Lou Ann Curnutte, Vinita
Joyce Elaine Green, McAlester
Mickey D. Wilson, Tulsa
Elliot C. Fenton, Oklahoma City
Judge Mark A. Moore, Watonga
Judge Nancy L. Coats,
Oklahoma City
Dwight L. Smith, Tulsa
Roger R. Williams, Tulsa
David K. Ratcliff & April D.
Chasteen, Chickasha
$52 Foundation
Nellie Perry, Hobart
Floyd L. Walker, Tulsa
Rogers & Bell , Tulsa
Rusty N. LaForge, Dallas
J. Gregory LaFevers, Tulsa
John W. Doolin, Lawton
Erin Donovan, Tulsa
Mark S. Darrah, Tulsa
Richard B. Noulles, Tulsa
G. Michael Lewis, Tulsa
Teresa M. Burkett, Tulsa
Jacquelyne M. Hilsher,
Houston, TX
Dewey County Bar Association
Craig W. Hoster, Tulsa
Shawn D. Fulkerson,
Oklahoma City
James C. Bass, El Reno
Stan Bearden, Tulsa
Martha L. Martin,
Tallahassee, FL
Mark L. Jones & Lynn
Rambo-Jones, Edmond
Susan R. Beaty, Oklahoma City
Justice Yvonne Kauger,
Oklahoma City
Bambi Hora, Edmond
Margaret Wilson for Harold K.
Wilson (OU Class of 1955),
Alexandria, VA
Lou Kohlman, Oklahoma City
Nancy Winans-Garrison &
Michael Garrison, Okemah
Judge C. Michael Zacharias,
Tulsa
Judge Joe C. Taylor, Durant
Margaret P. Taylor, Durant
Vol. 76 — No. 27 — 10/1/2005
ANNUAL MEETING
2005 OBA Award Winners
Wednesday, Nov. 2, Law School Luncheons
Outstanding Senior Law Student Award
OCU SCHOOL OF LAW — PETE SERRATA
OU COLLEGE OF LAW —HEATHER FINSTUEN
TU COLLEGE OF LAW — CAROL HUDSON
Thursday, Nov. 3, CLE Plenary Session and
Oklahoma Judicial Conference Joint Session
Earl Sneed Award
for outstanding continuing legal education
contributions
SUSAN SHIELDS, OKLAHOMA CITY
Alma Wilson Award
to an OBA member who has made a significant contribution to improving the lives of
Oklahoma children
JUDGE DAMAN CANTRELL, TULSA
Thursday, Nov. 3, Annual Luncheon
Award of Judicial Excellence
for excellence of character, job performance or
achievement while a judge and service to the
bench, bar and community
JUDGE ROBIN J. CAUTHRON, OKLAHOMA CITY
JUDGE DONALD WORTHINGTON, STILLWATER
Liberty Bell Award
for nonlawyers or lay organizations for promoting or publicizing matters regarding the
legal system
KJRH CHANNEL 2, TULSA
Outstanding Service to the Public Award
for significant community service by an OBA
member
SHIRLEY COX, OKLAHOMA CITY
Joe Stamper Distinguished Service Award
to an OBA member for long-term service to
the bar association or contributions to the
legal profession
JIM F. GASSAWAY, TULSA (POSTHUMOUS)
Fern Holland Courageous Lawyer Award
to an OBA member who has courageously
performed in a manner befitting the highest
ideals of our profession
JUDGE EUGENE MATHEWS, OKLAHOMA CITY
Neil E. Bogan Professionalism Award
to an OBA member practicing 10 years or
more who for conduct, honesty, integrity and
courtesy best represents the highest standards
of the legal profession
L.E. (DEAN) STRINGER, OKLAHOMA CITY
John E. Shipp Ethics Award
to an OBA member who has truly exemplified
the ethics of the legal profession either by 1)
acting in accordance with the highest standards in the face of pressure to do otherwise
or 2) by serving as a role model for ethics to
the other members of the profession
JUDGE EDWARD CUNNINGHAM, YUKON
Friday, Nov. 4, General Assembly
Outstanding County Bar Association Award
for meritorious efforts and activities
TULSA COUNTY BAR ASSOCIATION
POTTAWATOMIE COUNTY BAR ASSOCIATION
Vol. 76 — No. 27 — 10/1/2005
2203
Hicks Epton Law Day Award
for individuals or organizations for
noteworthy Law Day activities
Golden Gavel Award
for OBA committees and sections performing
with a high degree of excellence
COMANCHE COUNTY BAR ASSOCIATION
OBA LAW DAY COMMITTEE
Outstanding Young Lawyer Award
for a member of the OBA Young Lawyers
Division for service to the profession
Maurice Merrill Golden Quill Award
TO BE ANNOUNCED
MARK OSBY, YUKON
Award for Outstanding Pro Bono Service
by an OBA member
CAROL SWENSON, TULSA
2204
Vol. 76 — No. 27 — 10/1/2005
ANNUAL MEETING
Nominees for 2006
OBA Officers and Board of Governors
2002; member of First Baptist Church, Frederick, 1973 to present; Frederick Chamber of
Commerce, 1973 to present.
2005 President
Michael D. Evans, Frederick
P
rivate practice
in Frederick
1973 to present;
B.A.- OSU 1969; J. D.OU, 1973; president of
Massad, Evans & Kent
Inc., Frederick; parttime assistant district
attorney for Tillman
County, 1973-1980;
1981-1982; 1996-1997;
city attorney for the
City of Frederick, 1982
to present; general
counsel for the Greer County Industrial
Authority, 1996 to present; general counsel for
the Oklahoma Boll Weevil Eradication Organization, a state agency, 1996 to present; general counsel for the Davidson School District,
1996 to present; Tillman County Bar Association president (multiple years); OBA vice
president, 2001; OBA Board of Governors,
1996-1998; 2004; Professional Responsibility
Commission, 1990-1995; serving two terms as
chairman; Awards Committee, 1990 to present; Mentor Committee, 1998-2000; Budget
Committee (multiple years); Investment Committee (multiple years); Strategic Planning
Committee, 2003; Leadership Conference Task
Force, 2003; ABA, member 1990 to present;
Sustaining Fellow of the Oklahoma Bar Foundation, 1982 to present; Sustaining Fellow of
the American Bar Foundation, 1998 to present; OBA President’s Award, 1989; OBA Professional Responsibility Commission chairman 1992 and 1995; OBA Task Force on Professionalism and Civility co-chairman, 1999;
recipient of the 1996 OBA Masonic Award for
Ethics, currently known as the John Shipp
Award for Ethics, OBA President’s Award,
Vol. 76 — No. 27 — 10/1/2005
2006 President
William R. Grimm, Tulsa
S
hareholder, director and treasurer
in the Tulsa law
firm of Barrow &
Grimm, P.C.; B.B.A.,
OU, 1970; J.D., OU,
1973; Tulsa County Bar
Association: president,
1991-92, Board of
Directors, 1988-93,
chairman, Centennial
Celebration Committee, 2000-03, Nominations and Awards
Committee, 1992 Professionalism Committee,
1989-90, Community Service Committee,
1983; vice-chairman, Ethics Committee, 198788, member, Nominations and Awards Committee, 1999-present, Professional Responsibility and Grievance Committee, 1980-82,
Awards: TCBA Gary C. Clark Distinguished
Service Award 2003, TCBA Neil E. Bogan Professionalism Award 2002, President’s Distinguished Service Award, 1989 and 1990; Tulsa
County Bar Foundation: president, 1992-93,
director, 1992-1998, charter Fellow 1996-present; Oklahoma Bar Association: Board of Governors 1996-1998, Professional Responsibility
Tribunal, 2002-present, Legal Ethics Committee, 1990-present, Budget Committee, 1991,
1996, 1998 and 2003, Professionalism Task
Force 1999-2002, Strategic Planning Committee, 1999-present, contributing author on
(continued — next page)
2205
1999 OBA Long Range Plan and 2002 OBA
Standards of Professionalism, Oklahoma BarFoundation, Sustaining Fellow, 1994; ABA:
Litigation Section and Law Practice Management Section, National Conference of Bar
Presidents, 1991-93; American Board of Trial
Advocates, 2000-present; Tulsa Title and Probate Lawyers Associations; certified as Civil
Trial Advocate by the National Board of Trial
Advocacy; barrister, American Inns of CourtHudson Chapter, 1989-92; National Association of Bankruptcy Trustees, 1986-90; author,
“A Practical Approach to Professionalism,”
Tulsa Lawyer, June 1990; Law Enforcement
Consolidation Task Force, 1992-93; Vision
2000 Criminal Justice Task Force, 1993-98;
trustee, Skiatook Reservoir Authority, 1981-89;
Who’s Who in American Lawyers; Tulsa
Lawyers for Children. Areas of practice: commercial litigation and bankruptcy law.
2006 President-Elect
1
982-present: sole
practitioner,
Weatherford; B.A.,
Oklahoma State University, 1979; J.D., University of Oklahoma,
1982; Oklahoma Bar
Association: vice president, 2003; Board of
Governors, 1995-1997;
2004-present; Board of
Editors, Oklahoma Bar
Journal, 1997-2003; Professional Responsibility Tribunal, 2000-2005; Management Assistance Program Committee, 1997-2002; chairperson, Solo and Small Firm Committee,
1999-2002; vice-chair, Solo and Small Firm
Committee, 1998; chairperson, Convention
Task Force, 2000; co-chair, Convention Task
Force, 1999, 2001, 2002, 2003; Strategic Planning Committee, 1999, 2003, 2004-present;
General Practice Solo and Small Firm Section,
treasurer 1999, secretary 2000, chair-elect
2001, chairperson 2002; Disaster Response and
Relief Committee, 1990-1995; Legal Ethics and
Unauthorized Practice of Law Committee,
1991-1995; Law Day Committee, 1983; chairperson, Centennial Task Force, 2002-2004; cochair, OBA Bar Journal Review Committee,
2206
2002; Budget Committee 2002, 2003, 2005;
chairperson, Mentoring Committee, 2003; cochairperson, Discipline Task Force, 2002-2004;
Tellers Committee 2000, 2002; Sustaining Fellow, Oklahoma Bar Foundation; Fellow Young
Lawyer’s Division, 2001; Awards: Golden
Gavel Award, 1999 (served as chair of the
Solo and Small Firm Committee); Golden
Gavel Award, 2004 (served as chair of Centennial Task Force); President’s Award, 2001,
2003; Solo Lawyer of the Year, 2003; American
Bar Association: council, GP Solo Section,
2000-2004; division director, Solo and Small
Firm Practice Division; GP Solo Section, 20012002; director Division III, Practice Specialty,
GP Solo Section 2003-2006; Nominating Committee, GP Solo Section, 2001-2005; GP Solo
Section Liaison to the Standing Committee on
Solo and Small Firm Practitioners, 2001-2002;
Long Range Planning Evaluation Task Force;
GP Solo Section, 2001-2002, 2002-2003; Long
Range Planning Committee; GP Solo Section,
2003-2007; chairperson, Sole Practitioners and
Small Firms Committee; GP Solo Section,
1999-2000, 2002-2004; deputy chair, Communications Division Sole Practitioners and
Small Firms Committee; GP Solo Section,
1998-1999; vice-chairperson, Solo Day-Toronto
Annual Meeting; Sole Practitioners and Small
Firms Committee; GP Solo Section, 19971998; vice-chair: Vendor Participation, Solo
and Small Firm Day Committee; GP Solo and
Section, 1999-2002; GP Solo Section Awards
Committee, 1998, 2000, 2001, 2002, 2005;
GPAL Task Force (Awards), 2001-2002; GP
Solo Section GP Link Bar Association Project
of the Year Award, 1999 (Oklahoma Bar Association Solo and Small Firm Conference);
Custer County Bar Association: president,
1992; Finance Committee, 1997-present; chairperson, Social Committee, 1985-present; Delegate to OBA Convention: 1990, 1991, 1996,
1999; Program chairperson, 1984, 1986; Law
Day chairperson, 1983, 1985; Memberships:
Oklahoma Trial Lawyers Association; Oklahoma Criminal Defense Lawyers Association;
Teaching: Employees: “Can’t Live With ‘Em,
Can’t Live Without ‘Em,” Solo and Small Firm
Conference, 1999; “The Small Firm Lawyer as
an Employer,” Solo and Small Firm Conference, 2001; Keeping the Doors Open (Marketing Your Practice), Going Solo: “Big Bucks
and No Boss!?!,” 2002; Keeping the Doors
Open: Marketing Your Law Practice, Legal
Institute of Pickens County, 2002; Participation as a Program Planner and moderator of
Vol. 76 — No. 27 — 10/1/2005
tracks of CLE at the OBA Annual Convention,
including litigation, general practice and
how to be a better lawyer, 2000-2002; Clients:
“How to Get ’Em and Sign ‘Em Up,” OBA
Annual Convention, 2002; “Treading Water:
Getting and Keeping Good Clients” Centennial Cruisin’-OBA/CLE Centennial Event 2004.
2006 Vice President
Jeromes A. Holmes, Oklahoma City
R
eceived his
undergraduate
degree with honors in history from
Wake Forest University and received his law
degree from Georgetown University Law
Center, where he was
editor in chief of the
Georgetown Immigration
Law Journal. He also
earned a master’s
degree in public
administration from Harvard University’s
Kennedy School of Government, where he
was a John B. Pickett Fellow in criminal justice policy and management. Currently a
director at Crowe & Dunlevy in Oklahoma
City where he concentrates his practice in the
areas of white collar criminal defense, corporate compliance programs and internal investigations, and complex civil litigation. Prior
to joining Crowe & Dunlevy, he served for
over 11 years in the U.S. Attorney’s Office for
the Western District of Oklahoma, where he
was primarily involved in the investigation
and prosecution of white collar and public
corruption crimes. He served for several years
as deputy chief of the criminal division and,
for two years after the 9/11 tragedy, in the
highly sensitive post of anti-terrorism coordinator, in which he was responsible for coordinating his office’s prosecution initiatives in
the war on terror. Past practice also includes
service as a federal judicial law clerk in Oklahoma at both the trial and appellate levels:
first, for U.S. District Judge Wayne E. Alley, in
the Western District of Oklahoma; and,
subsequently, for then-Chief Judge William J.
Holloway Jr. of the U.S. Court of Appeals for
the Tenth Circuit. Before returning to Oklahoma in 1994, Jerome spent approximately
Vol. 76 — No. 27 — 10/1/2005
2 1/2 years in private practice at Steptoe &
Johnson, a Washington, D.C. law firm.
Mr. Holmes is currently serving a three-year
term on the OBA Board of Governors, representing Judicial District Three. He is a member of the OBA’s Rules of Professional Conduct Committee and its E2K Subcommittee,
as well as the OBA’s Budget Committee and
Finances Commission. He is an Oklahoma Bar
Foundation Fellow. In addition, Mr. Holmes
is involved in other bar activities. He serves
on the Board of Directors of the Oklahoma
County Bar Association as the BOG representative, and is a master of the William J. Holloway Jr. American Inn of Court and a member of the Oklahoma City Association of Black
Lawyers. Mr. Holmes is an active community
volunteer. He serves on several nonprofit
boards: City Rescue Mission, the Oklahoma
Medical Research Foundation, the Oklahoma
City National Memorial Foundation and the
Oklahoma Academy for State Goals. He is a
member of Leadership Oklahoma (Class
XVIII), Leadership Oklahoma City (Class XX)
and the Oklahoma City Rotary Club (Club
29). He attends All Souls’ Episcopal Church,
where he is a lay reader.
Supreme Court Judicial
District One
Brian T. Hermanson, Ponca City
R
eceived his
undergraduate
degree in history and political science from Carroll College in Waukesha,
Wis., and his law
degree from the University of Oklahoma
College of Law, he is a
sole practitioner in
Ponca City. In the
OBA he has served as
Chair of the Young
Lawyers Division, vice president of the OBA,
chair of the Law Office Management and
Technology Section, chair of the Litigation
Section (three years) and the General Practice,
Solo and Small Firm Section (two times). He
(continued — next page)
2207
is a fellow of the Young Lawyers Division of
the OBA having served as that group’s first
president and has served as an editor of the
bar journal for six years. He has been a frequent speaker for CLE programs. He has been
on many OBA committees and has served as
chair of the following committees: Law
Schools Committee, Committee on Unified
Bars, Long Range Planning Committee and
the Lawyer Referral Service. He has served as
president of the Oklahoma Bar Foundation
and has served as chair of the following
Foundation Committees: Special Events Committee, Long Range Planning Committee,
Nominating Committee, Budget Committee
and the IOLTA Committee. He has been active
in the American Bar Association serving on
many committees and serving as chair in the
following: Standing Committee on Gavel
Awards, Nominating Committee (General
Practice, Solo and Small Firm Section), Scope
and Correlation Committee (GPSSFS), Solo
and Small Firms Committee (GPSSFS), Tort
and Insurance Committee (GPSSFS) and the
Committee of 100 (GPSSFS). He has also
served as a director and served three years on
the Council of the General Practice, Solo and
Small Firm Section of the ABA. He has also
served as president of the Oklahoma Criminal
Defense Lawyers Association and had served
on the National Board of Directors of the
American Board of Trial Advocates, serving
as president of the Oklahoma chapter. He has
been awarded the following recognitions: Sole
Practitioner of the Year (ABA GPSSFS), Earl
Sneed Continuing Legal Education Award
(OBA) and the Clarence Darrow Award
(Oklahoma Criminal Defense Lawyers Association). In his local community he has been
president of the YMCA, Arts Adventure, Gifted and Talented Parent Advisory Board,
Instrumental Music Parents Association,
Ponca City Humane Society, Ponca City
Rotary Club, Kay County Council For Retarded Citizens, Ponca Playhouse and has served
several terms as chair of the Board of Community Christian Church.
2208
District Six
Robert S. Farris, Ponca City
R
ogers and Bell,
1990-present;
B.S. mechanical
engineering, University of Tulsa, 1972; Tau
Beta Pi Engineering
Honor Society; J.D.,
University of Tulsa
College of Law, 1975;
admitted to practice
U.S. Supreme Court,
1979; Special District
Judge, Tulsa County,
1981-1990; National
College of Probate Judges; American College
of Trust and Estate Counsel; adjunct professor, “Wills and Trusts,” University of Tulsa
College of Law, 1991-present; Outstanding
Adjunct Professor, 1997-1998 & 2000-2001;
clinical instructor, University of Tulsa Boesche
Legal Clinic, 2001-2004; member and former
chair of OBA Mental Health Committee and
OBA Mentor Committee; member OBA Probate Code Committee and OBA Estate Planning, Probate and Trust Section; Tulsa County
Bar Association, president, 2004-2005, president-elect, 2003-2004, vice president, 20022003; Tulsa County Bar Association Outstanding Senior Lawyer Award, 1996-1997; Fellow,
Oklahoma Bar Foundation.
District Seven
Alan Souter, Bristow
R
eceived his bachelor of science in
economics from
Oklahoma State University in 1989 and his
juris doctorate from
the University of
Kansas in 1993, where
he was a staff writer
with the Kansas Journal
of Law & Public Policy.
Previously with Savage, O’Donnell, Scott,
Vol. 76 — No. 27 — 10/1/2005
McNulty, Affeldt & Gentges and then Scott &
Gentges in Tulsa from 1993 through 1998, and
with Mike Jones in Bristow from 1998 until
2004. Now maintains an office in Bristow, and
is also associated with the Tulsa firm of Herrold Herrold & Co. Currently serves on the
Oklahoma Bar Association Access to Justice
Committee and Awards Committee and is a
past president of the Creek County Bar Association. Is a past president of the Bristow
Rotary Club and currently serves on the
Rotary International, District 6110, Heifer
International Committee. Creek County Delegate in 2004 and 2005. Member of the American Bar Association, the Oklahoma Bar Association, the Creek County Bar Association and
the Tulsa County Bar Association.
Member-At-Large
Julie E. Bates, Oklahoma City
M
ember of the
Oklahoma
City law firm
of Postic & Bates (A-V
rating). Born on a U.S.
Air Force base in England; Midwest City
High School, 1975;
bachelor’s degree,
Texas Christian University, 1978; law
degree, OU College of
Law, 1983 (National
Trial Advocacy Team
1982, 1983; Order of Barristers; American
Jurisprudence Award for Professional Respon-
sibility; American Jurisprudence Award for
Municipal Law; Adjunct Professor at OU College of Law since 2002, courses taught: civil
pretrial litigation, adoption law; admitted to
practice in 1983 to Oklahoma state and federal courts, Tenth Circuit Court of Appeals and
United States Supreme Court; parliamentarian for 2003 OBA Annual Meeting; OBA
Awards Committee (member, 2000 - present;
vice-chair, 2003 - present); OBA National
Mock Trial Task Force (member, 2004-2005);
previously served on the following OBA committees: Rules of Professional Conduct, Civil
Procedure and Legal Ethics; Fellow, Oklahoma Bar Foundation; member, Oklahoma
County Bar: delegate to OBA Annual Meeting, 2004, 2005; alternate delegate, 1999 - 2003,
Board of Directors, 2004 - present, Awards
Committee, Committee on Professionalism;
co-founder and Master of the Bench, Ruth
Bader Ginsburg American Inn of Court, Inn
administrator since 1995, Inn awards: 2004
John Shipp Award for Professionalism, 1999
President’s Award, 1997 Special Recognition
Award; co-developer of annual CLE John
Shipp Symposium on Professionalism, Ethics
& Civility; co-author of chapter in Matthew
Bender’s three-volume treatise “Personal
Injury Defense Litigation Techniques;” author
and co-author of other legal articles; attorneycoach and judge for OU College of Law trial
and appellate competitions; coach for local
public school mock trial team; church usher
and Sunday school teacher; recipient, 2004
“Humilitas Award” for outstanding church
service; volunteer at her children’s schools
and named 1997 “School Patron of the Year.”
!
e
y
r
!
a
e
e
HHe a r y ! W
e
y
r
a
e
e
y
H
Hear !
ant a FREE listing
on the OBA’s lawyer
listing service? Go
to www.okbar.org and log
into your myokbar account.
Then click on the “Find a
Lawyer” link.
Vol. 76 — No. 27 — 10/1/2005
2209
Family & Divorce
Mediation Training
OBA Nominating
Petitions
Tulsa • Oct. 12-15
(See Article II and Article III of
the OBA Bylaws)
BOARD OF GOVERNORS
Approved for 40 hours of MCLE credit
SUPREME COURT JUDICIAL
DISTRICT SEVEN
ALAN SOUTER, BRISTOW
This course is lively and highly participatory and
will include lecture, group discussion, and
simulated mediation exercises
A Nominating Resolution from the
Creek County Bar Association has
been filed nominating Alan Souter for
election of the Board of Governors
representing Supreme Court Judicial
District 7 of the Oklahoma Bar Association for a three-year term beginning January 1, 2006.
Cost: $625 includes all materials
The Course for Professional
Mediators in Oklahoma
This course fulfills the training requirements set forth
in the District Court Mediation Act of 1998
A total of 17 signatures appear on
the nominating petitions.
Contact:
The Mediation Institute
(405) 607-8914
James L. Stovall, Jr.
13308 N. McArthur
ANNUAL OU LAW ALUMNI LUNCHEON
OBA Annual Meeting
Oklahoma City, Oklahoma
Petroleum Club
Wednesday November 2, 2005
Reception at 11:15 (cash bar)
Luncheon at Noon, $25.00
UNIVERSITY OF OKLAHOMA
COLLEGE OF LAW
Attn: Karen Housley
300 Timberdell • Norman, OK 73019-5081 • (405) 325-0501
[email protected]
• Registration for OBA meeting is not required for luncheon •
2210
Vol. 76 — No. 27 — 10/1/2005
ANNUAL MEETING
2005 House of Delegates
Delegate certification should be sent to OBA Executive Director John Morris Williams in order for names to
appear in print in the bar journal and to be included in the House of Delegates agenda book.
COUNTY
ADAIR ...........................................
ALFALFA.......................................
ATOKA ..........................................
BEAVER .........................................
BECKHAM....................................
BLAINE..........................................
BRYAN ...........................................
CADDO .........................................
CANADIAN .................................
CARTER.........................................
CHEROKEE ..................................
CHOCTAW....................................
CIMARRON..................................
CLEVELAND................................
COAL .............................................
COMANCHE................................
COTTON .......................................
CRAIG............................................
CREEK ...........................................
CUSTER .........................................
DELAWARE ..................................
DEWEY ..........................................
Vol. 76 — No. 27 — 10/1/2005
DELEGATE
Kathryn Morton ...........................
Marcus Jungman..........................
Gregory Steven Jenkins ..............
Jerry L. Venable ............................
David Brooks ..............................
ALTERNATE
Barrett Harris
P.L. “Pat” Phelps ..........................
Michael Haggerty II
Jonathan E. Miller ........................
H. David Hanes ...........................
W. Mark Hixson ...........................
Judge Thomas S. Walker.............
Mike Mordy..................................
Michael D. Denton Jr.
William H. James
Mark W. Osby
Dennis Morris
Scott Andrews
J. Frank Wolf III............................
Ronald D. Cox
John Sparks...................................
Jim Drummond ............................
Golda Long ...................................
Judge Stephen Bonner.................
Judge Lori M. Walkley ................
Peggy Stockwell...........................
Paul Austin ...................................
David Stockwell ...........................
Henry Herbst................................
Sandee Coogan-Sutter.................
Micheal Salem ..............................
Jan Meadows ................................
Richard Stevens............................
Robert L. Pendarvis.....................
Jan Grant-Johnson .......................
Amelia Pepper..............................
Blaine Nice
Ben Odom
Michael Tupper
Jim Pence
David Ponder
Tracy Schumacher
Christal Adair
John Hancock
Terry Hull
David Poarch
Brenda Barnes
Treva Kruger
Blake Virgin
Sara McFall
Sarah Evans
Scott Ray........................................
Nathan Johnson ...........................
Dietmar Caudle............................
John William “Bill” Doolin
John Munkacsy
Bill Reeves
David L. Mosburg........................
Kenny Wright ...............................
Rick Bozarth .................................
Julie D. Strong
Lee Griffin Eberle
Judge R.W. Collier
Shannon Reasor
Todd Trippet
Tom Pixton
2211
ELLIS..............................................
GARFIELD ....................................
GARVIN ........................................
GRADY ..........................................
GRANT ..........................................
GREER ...........................................
HARMON .....................................
HARPER ........................................
HASKELL......................................
HUGHES .......................................
JACKSON......................................
JEFFERSON...................................
JOHNSTON...................................
KAY ................................................
KINGFISHER ................................
KIOWA...........................................
LATIMER.......................................
LeFLORE .......................................
LINCOLN......................................
LOGAN..........................................
LOVE..............................................
MAJOR...........................................
MARSHALL..................................
MAYES ...........................................
McCLAIN ......................................
McCURTAIN.................................
McINTOSH ...................................
MURRAY .......................................
MUSKOGEE..................................
NOBLE...........................................
NOWATA ......................................
OKFUSKEE ...................................
OKLAHOMA................................
2212
Laurie E. Hays..............................
Clark McKeever ..........................
David Trojan .................................
Daniel Sprouse .............................
Danna K. Brady
Bradley Gungoll
Gary Brown
Judge John A. Blake
Judge Jack D. Hammontree........
Melissa L. Redway
David Cummins...........................
Judge G. Wayne Olmstead .........
Judge W. Mike Warren
Marcus Holcomb
Harold E. Heath ...........................
B. Gordon Allen
Grace K. Yates...............................
James Menzer ...............................
Edd Pritchett.................................
Thomas W. Talley.........................
Douglas G. Dry ............................
George McBee ..............................
Jeremiah Hagemeier....................
Christopher Landes
Fera Shokat
Richard Goralewicz
Anthony G. Mitchell
Ray Johnston
Ronald H. Lawson
Sheila Kirk
Richard Cochran ..........................
Mitchell A. Hallren ......................
Judge Richard Miller ...................
Gerald R. Lee................................
Bob A. Smith.................................
Kenneth R. Farley ........................
Cindy Dawson .............................
Phil Hurst......................................
Kenneth L. Delashaw
Judge N. Vinson Barefoot
Paule’ Thrift Haggerty
Sharon K. Phillips
John Mantooth
Judge Michael D. DeBerry
Deborah A. Reheard
Judge John H. Scaggs
Sandy Malget................................
Harvey D. Yost II
Bruce A. Coker .............................
Judge Vicki L. Robertson ............
Charles E. Geister III ...................
Reid Robinson ..............................
Rex K. Travis.................................
Judge Robert E. Bacharach .........
Steven L. Barghols .......................
Judge Brian H. Upp.....................
Timothy D. Kline .........................
Hugh A. Baysinger ......................
Julie Bates......................................
Ben Butts .......................................
Leslie Batchelor ............................
Travis A. Pickens..........................
Bill Sullivan...................................
Gary S. Chilton.............................
Erin M. VanLaanen......................
Heidi J. Long ................................
Robert N. Sheets...........................
Daniel J. Morgan ..........................
Judge Bryan Dixon ......................
Mack K. Martin ............................
Judge Glenn Jones .......................
Jimmy Goodman..........................
Judge Barbara Swinton ...............
Jeremy Pittman
Steven Dobbs
Jerome Holmes
Mark A. Clayborne
Marilyn Staats
Phillip G. Whaley
Keith F. Givens
Charles F. Moser
D. Renee Hildebrant
Steve Coleman
W. Brett Willis
Joe Michael Hampton
Linda L. Samuel-Jaha
Michael J. Blaschke
Dionna Deardorff Bierbaum
William C. Bowlby
James C. Peck
Mark K. Stonecipher
Melanie J. Jester
Margaret Travis
M. Courtney Briggs
Rand C. Eddy
Debra McCormick
Michael Mullins
Judge Paige Morgan
Vol. 76 — No. 27 — 10/1/2005
OKMULGEE .................................
OSAGE...........................................
OTTAWA .......................................
PAWNEE........................................
PAYNE ...........................................
PITTSBURG...................................
PONTOTOC..................................
POTTAWATOMIE ........................
PUSHMATAHA ...........................
ROGER MILLS .............................
ROGERS.........................................
SEMINOLE....................................
SEQUOYAH ..................................
STEPHENS ....................................
TEXAS............................................
TILLMAN......................................
TULSA ...........................................
WAGONER ...................................
WASHINGTON ............................
WASHITA......................................
Vol. 76 — No. 27 — 10/1/2005
Brooke S. Murphy........................
Laura Haag McConnell...............
George Dahnke ............................
Joseph P. Balkenbush ..................
J. David Ogle ................................
Judge Greg Ryan..........................
Luke Gaither.................................
Jim Webb
Jan Hubbard
Daniel G. Webber Jr.
Doris Gruntmeir
Myra Kaufman
Joel McNatt
Cynthia Pickering
Frank Muret..................................
Kathy Thomas ..............................
Hannah A. Cable..........................
Brett D. Cable ...............................
Debra Scott Pappas
Judge Michael Stano
Michael W. Hogan
Amy E. Harrison
Jim Stuart ......................................
Steve Parker..................................
James T. Branam ..........................
Newell E. Wright Jr......................
Brad West
Marianne Miller
Jacqueline Perrin
Judge Gale F. Smith
William D. Huser .........................
R. Victor Kennemer III
Jason Hicks ...................................
Jon K. Parsley ...............................
Michael Ty Johnson .....................
David E. Winslow ........................
Judge Millie Otey.........................
Robert S. Farris.............................
S. Douglas Dodd ..........................
Judge C. Michael Zacharias .......
Judge Charles R. Hogshead .......
Larry D. Leonard .........................
William G. LaSorsa ......................
Ronald N. Ricketts.......................
Kenneth L. Brune.........................
Judge B. Darlene Crutchfield.....
Karen E. Langdon ........................
J. Daniel Morgan ..........................
Hugh V. Rineer.............................
Leonard Pataki .............................
Allen Smallwood .........................
Martha Rupp Carter....................
Phil Frazier....................................
Mark W. Dixon .............................
John R. Woodard..........................
Sharon L. Corbitt .........................
Robert B. Sartin ............................
Steve Balman ................................
D. Faith Orlowski ........................
Norma H. Eagleton .....................
Ron Main.......................................
William Brad Heckenkemper ....
Craig W. Hoster............................
Patrick O’Connor .........................
Steve Mackey................................
Joe White
Douglas Dale
Clyde H. Amyx II
Jack L. Brown
Theodore P. Gibson
Thomas M. Askew
Vivian C. Hale
Judge E. Mark Barcus
Robert P. Coffey
Tony W. Haynie
David M. Thornton Jr.
Gregory G. Meier
Stephen James Greubel
Danny A. Amrine
Lori M. Kastner
Jon Lee Prather
Keith A. Jones
Shelton Bendict
Renee DeMoss
Barbara J. Eden
N. Kay Bridger-Riley
Lucy S. Kroblin
E. John Eagleton
Dwight L. Smith
Nancy C. Pruitt
Carol J. Russo
Mary Katherine Saunders
Julie Evans
Colin H. Tucker
Carol Lynn Swenson
Christopher S. Kelly ...................
Judge Ellis Cabaniss
2213
WOODS .........................................
WOODWARD...............................
Jeremy Bays .................................
Bryce Hodgden ............................
Westline Ritter
Jean L. Foard
JUDICIAL CONFERENCE DELEGATES
Delegates:
Judge J. Michael Gassett
Judge Susie Pritchett
Alternates:
Judge Vicki L. Robertson
Judge Thomas Bartheld
MEMBERS AT LARGE (Past Presidents):
Harry A. Woods Jr.
Melissa DeLacerda
Gary C. Clark
Charles D. “Buddy”Neal Jr.
M. Joe Crosthwait Jr.
Douglas W. Sanders Jr.
John A. Gaberino Jr.
William J. Baker
J. Duke Logan
Sidney G. Dunagan
Bob W. Rabon
Andrew M. Coats
R. Forney Sandlin
Michael Burrage
Anthony M. “Tony” Massad
Burck Bailey
David K. Petty
James R. Eagleton
Judge Paul M. Vassar
John L. Boyd
Leslie L. Conner Jr.
William G. Paul
C. D. Northcutt
Judge Thomas R. Brett
Winfrey D. Houston
Check
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2214
Vol. 76 — No. 27 — 10/1/2005
OBA
101st Annual Meeting
Program
Making A Difference
November 2-4, 2005
Sheraton Hotel, Oklahoma City
All events will be held at the
Sheraton Hotel unless otherwise specified.
TUESDAY, NOVEMBER 1
OBA REGISTRATION . . . . . . . . . . . . . . . . . .4 – 8 P.M.
JUDICIARY AND COUNTY
BAR PRESIDENTS RECEPTION . . . . . . . . . .6 – 7 P.M.
Hosted by the OBA Board of Governors
OKLAHOMA FELLOWS OF THE
AMERICAN BAR FOUNDATION
DINNER . . . . . . . . . . . . . . . . . . . . . . .7 – 9:30 P.M.
WEDNESDAY, NOVEMBER 2
OKLAHOMA FELLOWS OF THE
AMERICAN BAR FOUNDATION
BREAKFAST . . . . . . . . . . . . . . . . . .8:30 – 9:30 A.M.
BOARD OF BAR EXAMINERS . . . . . .8:30 A.M. – NOON
OBA/CLE REGISTRATION . . . . . . . . .8 A.M. – 5 P.M.
Seminar and meeting registration:
$150; after Oct. 14 $175
Approved for 9 hours CLE credit
including up to 3 hours ethics
OBA HOSPITALITY . . . . . . . . . . . . . . .8 A.M. – 5 P.M.
Vol. 76 — No. 27 — 10/1/2005
OBA/CLE SEMINAR . . . . . . . . . . 8:30 A.M. – 5 P.M.
See Seminar program for speakers
and complete agenda
MAKING A DIFFERENCE
TRANSACTIONAL LAW
FAMILY LAW
CRIMINAL LAW
BRIDGE THE GAP
OU COLLEGE OF LAW
ALUMNI RECEPTION
AND LUNCHEON . . . . . . . . .11:15 A.M. – 1:30 P.M.
OUTSTANDING SENIOR LAW SCHOOL
STUDENT AWARD
Heather Finstuen
TU COLLEGE OF LAW
ALUMNI LUNCHEON . . . . . . . . .NOON – 1:30 P.M.
STUDENT AWARD
Carol Hudson
OCU COLLEGE OF LAW
ALUMNI LUNCHEON . . . . . . . . .NOON – 1:30 P.M.
2215
STUDENT AWARD
Pete Serrata
THURSDAY, NOVEMBER 3
CRIMINAL LAW SECTION
LUNCHEON . . . . . . . . . . . . . . . .NOON – 1:30 P.M.
AMERICAN COLLEGE OF TRUST
AND ESTATE COUNSEL . . . . . . . . . . . .7:30 – 9 A.M.
APPELLATE PRACTICE SECTION . . . . . . . . .2 – 4 P.M.
GENERAL PRACTICE/SOLO & SMALL
FIRM SECTION . . . . . . . . . . . . . . . . . . . . .8 – 9 A.M.
BOARD OF GOVERNORS . . . . . . . . . . . . . . .2 – 4 P.M.
YLD FELLOWS BREAKFAST . . . . . . . . . . . . .8 – 9 A.M.
PUBLIC HEARING . . . . . . . . . . . . . . . . . . . .4 – 6 P.M.
AMERICAN COLLEGE
OF TRIAL LAWYERS . . . . . . . . . . . . . . .8 – 9:30 A.M.
BENCH AND BAR COMMITTEE . . . . . . . .3:30 – 5 P.M.
LAW DAY COMMITTEE . . . . . . . . . . . . . .5 – 6:30 P.M.
PRESIDENT’S RECEPTION . . . . . . . . . . . . . .7 – 9 P.M.
(Free with meeting
registration)
FEATURING: OBA “ARTIST OF THE YEAR”
ART SHOWCASE
OBA REGISTRATION . . . . . . . . . . . . . . .8 A.M. – 5 P.M.
LEGAL INTERN COMMITTEE . . . . . . . . .8:30 – 10 A.M.
FAMILY LAW SECTION . . . . . . . . . . .8:30 A.M. – 4 P.M.
PAST PRESIDENTS’ DINNER . . . . . . . . . . . .8 – 10 P.M.
PRESIDENT’S DANCE . . . . . . . . . . . . . .9 – MIDNIGHT
(Free with meeting
registration)
ENTERTAINMENT: Groove to music from the
‘50s, ‘60s and ‘70s with
Ronnie Kaye’s Dancemobile
FEATURING:
OBA HOSPITALITY . . . . . . . . . . . . . . . .8 A.M. – 5 P.M.
ALTERNATIVE DISPUTE
RESOLUTION SECTION . . . . . . . . .8:30 A.M. – 4 P.M.
OKLAHOMA TRIAL LAWYERS
ASSOCIATION SEMINAR . . . . . . . . . . .8 A.M. – 4 P.M.
GOVERNMENT AND ADMINISTRATIVE
LAW SECTION . . . . . . . . . . . . . . .8:30 A.M. – 5 P.M.
CREDENTIALS COMMITTEE . . . . . . . . . . .9 – 9:30 A.M.
Ronnie Kaye
OBA/CLE SEMINAR PLENARY SESSION
AND OKLAHOMA JUDICIAL
CONFERENCE JOINT SESSION . . . . . .9 A.M. – NOON
EARL SNEED AWARD
Susan Shields, Oklahoma City
ALMA WILSON AWARD
Judge Daman Cantrell, Tulsa
RULES AND BY-LAWS
COMMITTEE . . . . . . . . . . . . . . . . . . .10 – 10:30 A.M.
2216
Vol. 76 — No. 27 — 10/1/2005
ESTATE PLANNING, PROBATE
AND TRUST SECTION . . . . . . . . . . . .10 – 11:45 A.M.
FEATURING:
William Sessions
Retired federal judge
and former FBI director
WOMEN IN LAW COMMITTEE . . . .10:30 – 11:30 A.M.
MCLE COMMISSION . . . . . . . . . . .10:30 – 11:45 A.M.
RESOLUTIONS COMMITTEE . . . . . . .10:45 – 11:45 A.M.
ENVIRONMENTAL LAW SECTION . . . .11 A.M. – 2 P.M.
Department of
Environmental
Quality Building,
707 N. Robinson
SPEAKER:
Hon. David Fleischaker
Oklahoma Secretary of Energy
SPEAKER:
Mike Wofford
Conoco Phillips, Alaska
YLD ANNUAL MEETING AND
BOARD OF DIRECTORS MEETING . . . . . . .2 – 3 P.M.
LITIGATION SECTION . . . . . . . . . . . . . . . . . .2 – 3 P.M.
BUSINESS AND CORPORATE
LAW SECTION . . . . . . . . . . . . . . . . . . . .2 – 4:30 P.M.
INDIAN LAW SECTION . . . . . . . . . . . . . . . . .2 – 5 P.M.
ART SHOW . . . . . . . . . . . . . . . . . . . . .11 A.M. – 2 P.M.
OBA ANNUAL LUNCHEON FOR
MEMBERS, SPOUSES
AND GUESTS . . . . . . . . . . . . . . . . . .NOON – 2 P.M.
($25 with meeting
registration)
BANKRUPTCY AND REORGANIZATION
SECTION . . . . . . . . . . . . . . . . . . . . . . . . . .2 – 4 P.M.
LAW OFFICE MANAGEMENT
AND TECHNOLOGY SECTION . . . . . . . . . . .2 – 4 P.M.
OBA ARTIST OF THE YEAR
(to be announced)
REAL PROPERTY SECTION . . . . . . . . . . . . . . .2 – 4 P.M.
AWARD OF JUDICIAL EXCELLENCE
Judge Robin J. Cauthron, Oklahoma City
Judge Donald Worthington, Stillwater
JIM GASSAWAY JUSTICE HOUSE
DEDICATION . . . . . . . . . . . . . . . . . . . . . . .2 – 4 P.M.
LIBERTY BELL AWARD
KJRH Channel 2, Tulsa
FINANCIAL INSTITUTIONS
AND COMMERCIAL LAW SECTION . . . .4 – 5:30 P.M.
OUTSTANDING SERVICE TO THE PUBLIC AWARD
Shirley Cox, Oklahoma City
JOE STAMPER DISTINGUISHED SERVICE AWARD
Jim F. Gassaway, Tulsa (posthumous)
FERN HOLLAND COURAGEOUS LAWYER AWARD
Judge Eugene Mathews, Oklahoma City
NEIL E. BOGAN PROFESSIONALISM AWARD
L.E. (Dean) Stringer, Oklahoma City
JOHN E. SHIPP ETHICS AWARD
Judge Edward Cunningham, Yukon
Vol. 76 — No. 27 — 10/1/2005
TAXATION LAW SECTION . . . . . . . . . . . . . . .4 – 6 P.M.
SPEAKER:
Mr. Kerry Hawkins
Estate and Gift Tax Attorney,
Internal Revenue Service
TOPIC:
Current Estate & Gift Tax
Developments with Respect to
FLPs and FLLCs
OBA BOARD OF EDITORS . . . . . . . . . .4:30 – 5:30 P.M.
2217
OBA DIVERSITY COMMITTEE
CABARET . . . . . . . . . . . . . . . . . . . . . . .5 – 6:30 P.M.
OU CLASS OF ‘68 . . . . . . . . . . . . . . . .5:30 – 7:30 P.M.
AWARD FOR OUTSTANDING PRO BONO SERVICE
Carol Swenson, Tulsa
GOLDEN GAVEL AWARD
OBA Law Day Committee
MAURICE MERRILL GOLDEN QUILL AWARD
(to be announced)
MINERAL LAW SECTION . . . . . . . . . . .5:30 – 7:30 P.M.
PRO BONO RECEPTION . . . . . . . . . . . .5:30 – 7:30 P.M.
OKLAHOMA BAR ASSOCIATION
HOUSE OF DELEGATES . . . . . . . . . .10 A.M. – NOON
VIVA LAS VEGAS NIGHT . . . . . . . . . . . . . .8 – 11 P.M.
(Free for everyone
with meeting registration)
William R. Grimm
President-Elect,
Presiding
SPONSOR: OBA YOUNG LAWYERS DIVISION
FRIDAY, NOVEMBER 4
PRESIDENT’S PRAYER BREAKFAST . . . . . .7:30 – 9 A.M.
SPEAKER:
Rev. Charles Wyatt
New Life Baptist Church,
Claremore
OBA REGISTRATION . . . . . . . . . . . . . . . . . .8 – NOON
ELECTION OF OFFICERS & MEMBERS
OF THE BOARD OF GOVERNORS
APPROVAL OF TITLE EXAMINATION STANDARDS
RESOLUTIONS
OBA HOSPITALITY . . . . . . . . . . . . . . . . . . .8 – NOON
INSURANCE LAW SECTION . . . . . . .NOON – 1:30 P.M.
GENERAL ASSEMBLY . . . . . . . . . . . . . . . .9 – 10 A.M.
OBA LAW STUDENT DIVISION . . . . . . . . . . .1 – 4 P.M.
OUTSTANDING COUNTY BAR ASSOCIATION AWARD
Tulsa County Bar Association
Pottawatomie County Bar Association
HOUSE COUNSEL SECTION . . . . . . . . . . . 4 – 5:30 P.M.
HICKS EPTON LAW DAY AWARD
Comanche County Bar Association
INTELLECTUAL PROPERTY LAW
SECTION . . . . . . . . . . . . . . . . . . . . .6:30 – 9:30 P.M.
OUTSTANDING YOUNG LAWYER AWARD
Mark Osby, Yukon
2218
Vol. 76 — No. 27 — 10/1/2005
Appointment to 2006 OBA Committees
T
he strength of the Oklahoma Bar Association is its volunteers. Our volunteers provide valuable assistance to both the public and our fellow members. Your Board of Governors does an outstanding job
in leading these efforts. Please consider serving with us in 2006.
We must do more to serve the public. Your involvement will insure that the OBA accomplishes that task.
Committees always have been one of the great strengths of our bar. Through active participation in a committee, you will have an opportunity to work with like minded attorneys and judges from all over this state.
I can assure you that it will be rewarding to do so.
If you are interested in being appointed to a committee, please complete the form which follows and return
it to me by Nov. 15, 2005. You may mail, fax or e-mail it to me. Please limit your request to three committees. If I am unable to appoint you to a committee which you request, I will save your name for consideration by the OBA president for 2007 or appoint you to another committee where there is a need.
With your active involvement, 2006 can and will be a productive year for our association. I look forward to
serving with you in that regard.
William R. Grimm, President-Elect
–––––––––––––––––––––––––––––––– Standing Committees ––––––––––––––––––––––––––––––––
• Access to Justice
• Awards
• Bar Association
Technology
• Bench and Bar
• Civil Procedure
• Clients’ Security Fund
• Communications
• Community Outreach
• Disaster Response and
Relief
• Diversity
• Evidence Code
• Group Insurance
• Law Day
• Law-Related Education
• Law Schools
• Lawyers Helping
Lawyers
• Lawyers with Physical
Challenges
• Legal Assistant Services
• Legal Ethics
• Legal Intern
• Legislative Monitoring
• Member Services
• Mentor
• Professionalism
• Rules of Professional
Conduct
• Solo and Small Firm
Conference Planning
• Strategic Planning
• Uniform Laws
• Women in Law
Note: No need to sign up again if your current term has not expired. Check 76 OBAJ 298 for terms.
Please Type or Print
Name ____________________________________________________ Telephone _____________________
Address ___________________________________________________ OBA # _______________________
City ___________________________________________ State/Zip_________________________________
FAX ______________________________________ E-mail ________________________________________
Have you ever served
on this committee?
Committee Name
1st Choice ___________________________________
2nd Choice __________________________________
3rd Choice __________________________________
❑
❑
❑
Yes
Yes
Yes
❑
❑
❑
No
No
No
If so, when?
How long?
_____________________
_____________________
_____________________
❑ Please assign me to only one committee.
❑ I am willing to serve on (two or three - circle one) committees.
Besides committee work, I am interested in the following area(s):
________________________________________________________________________________________
Mail: Bill Grimm • Barrow & Grimm • 610 S. Main, Suite 300, Tulsa, OK 74119-1258
Fax: (918) 585-2444 • E-mail: [email protected]
Vol. 76 — No. 27 — 10/1/2005
2219
2005 Annual Meeting OBA/CLE
November 2
WEDNESDAY
Registration
8 - 9 a.m.
Session 1
9 - 9:50
DAY ONE
Sheraton Hotel
Transactional
Law
“Bridge the Gap”
Making a
Difference
Plaza
20th Century
Ballroom
Green Country
Room
Program Planner
Program
Planners/Moderators
Program
Planner/Moderator
Ben Brown
David Ogle
Melanie Jester
Charles Sifers
Michelle Greene
William Conger
Avoiding
Mal Practice with
Your PC (ethics)
Work/Life Balance
Family Law
Criminal Law
18th Century
Ballroom
19th Century
Ballroom
Program
Planner/Moderator
Program
Planner/Moderators
David and Eileen
Echols
Guy Jackson
Joint Session
Child Sexual Abuse
The Return of
Civility (ethics)
Kathleen Hatlelid
Harry A. Woods
Jim Calloway
Session 2
10 - 10:50
Joint Session
Forensic Interviewing
Listening Skills
Guy W. Jackson
Andrea Grosvald-Hamilton
The Ten Most
Frequently Asked
Ethics Questions
and the Answers
(ethics)
Bill Conger
Melanie Jester
Work/Life
Legal Issue
Jim Priest
Gina Hendryx
Session 3
11 - 11:50
Joint Session
Domestic Violence
The Uniform Code
of Military Justice
Debra Stanland
Tim DeGiusti
Professionalism &
Civility Dilemmas
In & Out of Court
Access to Justice
The Hon. Gary L.
Lumpkin
Sharisse O’Carroll
Jonathan Grammer
12 - 2 p.m. LUNCH (On your own)
Session 4
2 - 2:50
Panel Presentation
of Evidence in
Domestic Abuse
and Domestic
Violence Cases
Jury
Selection
Part 1
Robert
Hirschorn
529 Plans and
Other Ways to
Finance a College
Education
John R. Desteigner
A panel discussion
2220
Workers’
Compensation —
We’ve Been
Reformed; Where
Are We Now?
Responsibilites of
Lawyers as Directors of Nonprofit
Orginations
Michael E. Joseph
Brandon Burton
Vol. 76 — No. 27 — 10/1/2005
2005 Annual Meeting OBA/CLE
cont’d
Session 5
3 - 3:50
Family Law
Criminal Law
Duty, Truth and
Obligation: Ethical
Considerations in
Domestice Abuse
and Domestic
Violence Cases
(ethics)
Jury
Selection
Part 2
Transactional
Law
“Bridge the Gap”
Making a
Difference
Eminent Domain
in Light of Kelo
The Oklahoma
Education Lottery
Pro Bono
Makes Cents
Susan S. Shields
Roy Ginsburg
Dennis Box
Robert
Hirschorn
Armand Paliotta
David Echols
Session 6
4 - 4:50
Cutting-edge
Technology for the
Domestic Lawyer
Jim Calloway
The Ethics,
Responsibilities,
Duties of Attorneys
in Plea Bargaining
Creating Business
Entities in
Oklahoma
Gary Derrick
A panel discussion
(ethics)
Everything Every
Lawyer Should
Know About
Business Law
Diversity
Makes Cents
Roy Ginsburg
Tim Heefner
The Hon. Virgil
C. Black
Tim Wilson
David Prater
Mike Fisher
Gina Hendryx
4:50 p.m. - ADJOURN
November 3
THURSDAY
Registration
8:30 - 9 a.m.
OBA/CLE
Plenary
Session
Cox Business Services
Convention Center
DAY TWO
9 a.m.
Jury Trial
Innovations…
Do We Dare?
G. Thomas
Munsterman
10 a.m.
Panel Discussion
Moderator:
William Conger, OCU School of Law, Oklahoma City
Featured Speaker:
G. Thomas Musterman, Director of the Center for Jury Studies,
National Center for State Courts; Mr. Musterman has been a faculty
member at the National Judicial College for 12 years. In addition, he is
an author and speaker on Jury Systems in the United States.
Registrants will receive a copy of Munsterman’s book,
“Jury Trial Innovations,” published by the
American Bar Association
Panelists:
Justice Steven W. Taylor, Oklahoma Supreme Court, Oklahoma City;
The Honorable Charles A. Johnson, Oklahoma Court of Criminal
Appeals, Oklahoma City; Charles “Buddy” Neal, McAlester;
Mack Martin, Oklahoma City
9:50 Break
ADJOURN TO OBA LUNCHEON AT 11:40
Vol. 76 — No. 27 — 10/1/2005
2221
2005 Annual Meeting Registration Form
Please complete a separate form for each registrant.
Name _________________________________________________________ E-mail _______________________________________
Badge Name (if different from roster) ____________________________________________ Bar No. ________________________
Address ______________________________________________________________________________________________________
City _________________________ State ______ Zip ________________ Phone _______________________________________
Name of Non-Attorney Guest_____________________________________________________________________________________
Check all that apply:
❑ Judiciary
❑ OBF Fellow
❑ OBF Past President
❑ OBA Past President
❑ YLD Officer
❑ YLD Board Member
❑ YLD Past President
❑ Board of Bar Examiner
❑ 2005 Award Winner
❑ Delegate ❑ Alternate
❑ County Bar President: County _________________________________
❑ YES! Register me for the 2005 Annual Meeting, November 2-4, in Oklahoma City.
Events will be held at the Sheraton Hotel and Cox Business Services Convention Center. Registration fee includes continental breakfast
in hospitality area, President’s Reception ticket(s), President’s Dance, convention gift, Vendors Expo, Art Contest and Casino Night.
■ MEMBER:
❑ $50 through Oct. 14; $75 after Oct. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ __________
■ NEW MEMBER
(Admitted after Jan. 1, 2005): ❑ Free through Oct. 14; $15 after Oct. 14 . . . . . . . . . . .$ __________
■ LAW STUDENT
❑ $25 through Oct. 14; $35 after Oct. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ __________
I will be attending/participating in the following ticketed events in addition to my registration fee for Annual Meeting:
❑ WED. & THURS.: CLE Multitrack
and Plenary
❑ THURSDAY: CLE Plenary only
( ___ [0 or 1] ticket @ $150 through Oct. 14; $175 after Oct. 14;
$50 for new members through Oct. 14, $75 after Oct. 14) . . . . . . . .$ __________
( ___ [0 or 1] ticket @ $50 through Oct. 14; $75 after Oct. 14;
$25 for new members through Oct. 14, $50 after Oct. 14. . . . . . . . .$ __________
❑ THURSDAY: Annual Luncheon
( ___ number of tickets @ $25 each) . . . . . . . . . . . . . . . . . . . . . . . .$ __________
❑ FRIDAY: President’s Prayer Breakfast
❑ Please check here, if under the Americans with Disabilities Act you require specific aids or services during your visit to the OBA
Annual Meeting. ❑ Audio ❑ Visual ❑ Mobile
(Attach a written description of your needs.)
I will be attending the following ticketed events that do not require the registration fee for the Annual Meeting:
❑ WEDNESDAY: OCU Alumni Luncheon ( ___ number of tickets @ $25 each) . . . . . . . . . . . . . . . . . . . . . . . .$ __________
❑ WEDNESDAY: OU Alumni Luncheon
❑ WEDNESDAY: TU Alumni Luncheon
TOTAL $ __________
I will be attending/participating in the following events that are included as part of my Annual Meeting registration:
❑ Art Contest: Will submit entry (Submit art registration form by Oct. 14)
❑ WEDNESDAY: President’s Reception ( [1 or 2] Attendee(s) ____ )
❑ WEDNESDAY: President’s Dance ( [1 or 2] Attendee(s) ____ )
❑ THURSDAY: Casino Night ( [1 or 2] Attendee(s) ____ )
■ PAYMENT OPTIONS:
■ THREE WAYS TO REGISTER:
❑ Check enclosed: Payable to Okla. Bar Association
MAIL this registration form with payment
or credit card info to:
Credit card:
❑ VISA
❑ Mastercard
Card #_______________________________________________________________
Authorized Signature
_____________________________________________________________________
Exp. Date_____________________________________________________________
■ HOTEL ACCOMMODATIONS: Fees do not include hotel accommodations. For
reservations contact: Sheraton Hotel at (405) 235-2780 or (800) 325-3535. Call by Oct. 12
and mention the OBA for a special room rate of $79 per night. For hospitality suites, contact
Craig Combs at (405) 416-7040 or e-mail [email protected].
2222
OBA
P.O. Box 53036
Okla. City, OK 73152
FAX this registration form with credit card
information to: (405) 416-7088.
ONLINE at www.okbar.org
■ CANCELLATION POLICY Full refunds
will be given through Oct. 14.
No refunds will be issued after deadline.
Vol. 76 — No. 27 — 10/1/2005
2005 OBA ATTORNEY ART SHOW
REGISTRATION FORM
Deadline: Noon on October 14, 2005
(No registrations will be accepted after this deadline)
Return form with Annual Meeting registration fee to:
Oklahoma Bar Association
P.O. Box 53036
Name ______________________________________ OBA Number ________________
Address
______________________________________________________________
City ____________________________________________ State ______ Zip ______
Phone _______________________________ Fax ______________________________
E-mail _________________________________________________________________
The following categories of art will be judged:
• Oil Painting
• Acrylic
• Watercolor
• Black and White Drawing
• Color Drawing
• Black and White Photograph
• Color
• Print
Photograph
• Three
Dimensional
(sculptures,woodwork, etc.)
• Craft (tile work, stained glass,
needlepoint, etc.)
• Mixed Media (screen print, enhanced
photographs, etc.)
I will enter _______ pieces of art, each of which are described below.
For each entry, complete in detail all information requested below. Please attach an
additional sheet with all the required information for entries exceeding the space provided.
Category
Name of Piece
Vol. 76 — No. 27 — 10/1/2005
Size Weight
Description
(only needed if 3-D, Craft,
or Mixed Media)
2223
BAR NEWS
2006 OBA Board of Governors
Vacancies
Nominating Petition Deadline was 5 p.m. Friday, Sept. 2, 2005
OFFICERS
Summary of Nominations Rules
President-Elect
Current: William R. Grimm, Tulsa
Mr. Grimm automatically becomes OBA president
Jan. 1, 2006
(One-year term: 2006)
Nominee: Stephen D. Beam, Weatherford
Vice-President
Current: Rick Bozarth, Taloga
(One-year term: 2006)
Nominee: Jerome A. Holmes, Oklahoma City
Not less than 60 days prior to the Annual Meeting,
25 or more voting members of the OBA within the
Supreme Court Judicial District from which the
member of the Board of Governors is to be elected
that year, shall file with the Executive Director, a
signed petition (which may be in parts) nominating a
candidate for the office of member of the Board of
Governors for and from such Judicial District, or one
or more County Bar Associations within the Judicial
District may file a nominating resolution nominating
such a candidate.
BOARD OF GOVERNORS
Supreme Court Judicial District One
Current: Linda S. Thomas, Bartlesville
Craig, Grant, Kay, Nowata, Osage, Ottawa, Pawnee,
Rogers, Washington Counties
(Three-year term: 2006 – 2008)
Nominee: Brian T. Hermanson, Ponca City
Supreme Court Judicial District Six
Current: Steven R. Mackey, Tulsa
Tulsa County
Nominee: Robert S. Farris, Tulsa
Supreme Court Judicial District Seven
Current: A. Camp Bonds Jr., Muskogee
Adair, Cherokee, Creek, Delaware, Mayes, Muskogee,
Okmulgee, Wagoner Counties
Nominee: Alan Souter, Bristow
Not less than 60 days before the opening of the
Annual Meeting, 50 or more voting members of the
Association may file with the Executive
Director a signed petition nominating a candidate for
the office of President-Elect or Vice-President or
three or more County Bar Associations may file
appropriate resolutions nominating a candidate for
the office.
In addition to the above methods, nominations to
any of the above offices shall be received from the
House of Delegates on a petition signed by not less
than 30 delegates certified to and in attendance at
the session at which the election is held.
Member-At-Large
Current: J. William Conger, Oklahoma City
Nominee: Julie E. Bates, Oklahoma City
Vacant positions will be filled at the OBA Annual
Meeting Nov. 2 - 4. Terms of the present OBA officers and governors listed will terminate Dec. 31,
2005.
2224
Not less than 60 days prior to the Annual
Meeting, 50 or more voting members of the OBA
from any or all Judicial Districts shall file with the
Executive Director, a signed petition nominating a
candidate to the office of Member-At-Large on the
Board of Governors, or three or more County
Bars may file appropriate resolutions nominating a
candidate for this office.
See Article II and Article III of OBA Bylaws for complete information regarding offices, positions, nominations and election procedure. Bylaws are printed in
the OBA 2005 Reference Guide (OBJ Vol. 76, No. 4
January 29, 2005) and election information appears
on pages 249-251.
Vol. 76 — No. 27 — 10/1/2005
BOARD OF BAR EXAMINERS
New Attorneys Take Oath
B
oard of Bar Examiners Chairperson Richard M. Fogg of El Reno announces that 299 applicants
who took the Oklahoma Bar Examination on July 26-27 were admitted to the Oklahoma Bar
Association on Tuesday, Sept. 27. Oklahoma Supreme Court Chief Justice Joseph M. Watt
administered the “Oath of Attorney” to the candidates at a swearing-in ceremony at St. Luke’s
United Methodist Church, Oklahoma City. A total of 364 applicants took the examination.
Other members of the Oklahoma Board of Bar Examiners are Charles P. Rainbolt, vice-chairperson,
Cordell; Deborah B. Barnes, Tulsa; Tom A. Frailey, Chickasha; Frank H. Jaques, Ada; Sally Mock,
Oklahoma City; Douglas W. Sanders Jr., Poteau; Donna West Smith, Miami; and J. Ron Wright,
Muskogee.
New admittees are:
Perry Luther Adams
Robert Wayne Adcox
Naureen Ahmad
Stephanie Jean Albertson
Melissa Jean Alcorn
Bobbi Lynn Allen
Terry Dale Allen Jr.
Dameon Lyle Allensworth
Aric Ammaron Alley
Whitney Ruth Beard Alvis
Jami Rhoades Antonisse
Kimberly Appelman
Andrea Elaine Baker
Dessa Janette Baker
Laine Elizabeth Baker
Thomas Ray Baker II
Sandra Jane Balzer
Ferris Jay Barger
Leanne Garland Barlow
Jari D. Barnett
Gary Chad Barton
Daniel Ray Bays
Mindy Mae Beare
Jeremy Michael Black
Edward Millard Blau
Vol. 76 — No. 27 — 10/1/2005
Barry K. Bollenbach II
Michael Shane Booze
Bow Bottomly
Ashley Anne Bowen
Joshua Wayne Brewer
Brandy Lynn Bridegroom
Jill Renee Brien
Julie Brower
Michael Harold Brown
Travis Paul Brown
Phyllis Jean Bryce
Kelsie Jane Buntin
Chad D. Burris
Stephen Gregory Butler
Jennifer Jean Butts
Zachary Thomas Cabell
Dace Annette Caldwell
Jessica Leigh Phares Caruthers
Brandon Matthew Carey
Eric Steven Carpenter
Elizabeth Ward Carroll
Brian Lee Carter
LaRena Janelle Casey
Casie Lynn Cavanaugh
Anastasia Louise Cesario
Constantine Charalampous
Shelley Louise Cole
James L. Colvin III
Kimberly A. Cooper
Stephanie Kaye Corbett
Margaret Amy Cornforth
Eric D. Cotton
Jason Barthel Coutant
Kiplin Dale Cowan
Brian Lee Cramer
Rachel Beth Crawford
Joshua Allen Creekmore
Duane Shiffler Croft
Johnson Wendell Custer
Mary Ruth Daniel
Matthew Thomas Davies
Heath Taylor Davis
Joshua Cord Davis
Seth Aaron Day
Lily Onwona Debrah
Casey Tippens Delaney
Kimberly DeLozier
Erin McLaine DeWitt-Herndon
Charlotte Abigail Dillsaver
Charles Brent Dishman
2225
Jodi Warmbrod Dishman
Larry Matthew Dobson
Kate Naa-Amoah Dodoo
Whitney Ann Drake
Diane Manchester Drum
Lambert Dale Dunn Jr.
Robert Samuel Duran Jr
Denise Alane Eaton
Jonathan David Echols
John Handy Edwards III
David Allen Elder
Kyle Lee Endicott
Elise Danielle Evans
Kodwo Ewusi
Marcia Michelle Fassio
Dawhn Denise Fassnacht
Jason Clay Fees
Abbie Michele Fisher
Amber Michelle Fite
Marc Calvin Fleischer
Matthew Curtis Fleischer
Theodore Jack Fleming
Julie Clara Flowers
Mark Douglas Folger
Michael Lee Foster
Juan Garcia
Allison McGrath Gardner
David Mitchell Garrett Jr.
Erica Ann Garuccio
Heather Renee Gibson
Kenny R. Goza
Cinnamon Magan Graham
Tynan Dasharey Grayson
John Joseph Griffin
Carrie Anne Grigg
Ryan Michael Hagain
Irene Claire Hamker
Cynthia A. Hamra
Stacia Keanne Hamrick
Paula S. Hancock
Charles Gordon Harris
Andrew Thomas Harrison
Nicholas Gregory Haugen
Blake Adam Hayes
2226
Ryan Henri Heatherman
Jerrel Scott Henderson
Carmallita Lynn Hiatt
Justin Tanner Hiersche
Martin Scott High
Elisabeth Randahl Higham
Brian Laughlin Hill
Michael Paul Hill
Scott Anderson Hodges
Krista Leigh Hodges-Eckhoff
Melissa Gail Holderby
Kristin Kori Homsey
Jay Daniel House
Amy Lauren Howe
Ross W. Hoyle
John Marshall Hunt
Andrew Edward Hutter
Clay D. Ijams
Stephanie Daun Jackson
Peter Bryan Jensen
Alison Anne Johnson
Daniel Patrick Johnson
James Christopher Jones
Jennifer Suzanne Jones
Julie Marie Jones
James Paul Journeycake
Kenneth Nelson Keever
Whitney Paige Kerr
Kerrilee E. Kobbeman
Catheryn Sophia Koss
Paul David Kouri
Todd Griffin Lamb
Kimberly Dawn Lane
Amy Kathleen Lewis
Bobby Guy Lewis
David Joseph Looby
Cara Allison Gore Lowe
Jessica Colleen Lowrey
Gregg James Lytle
Mercy R. Macias
Reagan Leigh Madison
Christopher Ivor Mansfield
Allison Jean Mardis
Scott Randal Markowitz
Margaret Kay Martin
John David Martorana
Jonina Mawby
Monty Carroll Mayfield
Kenneth T. McConkey
Ponie Lance McCrary
Matthew John Gerard
McDevitt
Craig David McDougal
Timothy S. McKinney
Matthew Ian McKinnon
Michael Wayne McLaughlin
Ericka Lynne McPherson
Dalen Dee McVay
Melody Mae Meier
Sara Nicole Metheny
Jonice Lyn Meziere
Jennifer Melissa Miller
Gregory William Milstead
Craig Allen Mirkes
Jay Michael Mitchel
Andrea Moates
Lauren Elizabeth Mohr
Erin Morgan Moore
Daniel Leo Morris
Lucas Jon Munson
Rania A. Nasreddine
Molly Burns Neuman
H. Anne Nicholson
Susan Althadene Nigh
Tahlina Rae Nofire
Samuel Ryan Norris
William Joseph Novotny
Heather Louise O'Banion
William Ladd Oldfield
Robyn Renee Ott
Clint Ross Parsons
Laura Katherine Patton
Jennifer Leigh Pickens
Keegan Prescott Pieper
Raygan Louise Pierce
Emily Paige Pittman
John Paul Barton Pollard
Jesse Earl Pond III
Vol. 76 — No. 27 — 10/1/2005
Alissa Dawn Preble
Alyssa Leann Price
Brett Newlin Price
James Patrick Quillian
Carman D. Rainbolt
Jason Allen Reese
Tamera Lynn Reuber
Ann Gervais Richard
Sunne Dawn Riedel Day
Ryland Louis Rivas II
Cody Joe Roberson
Heath Thomas Robinson
Daniel Thomas Ronneberg
Amy Lynn Roose
Amy Sue Root
Steven Michael Ruby
Rhonda G. Rudd
Kim Max Rytter
Rachel Lea Samara
Laura Elizabeth Samuelson
Daniel Allan Sanders
Casey Lee Saunders
Darin Chardin Savage
John Hamilton Schneider
Katherine Ann Schneiter
Bryan W. Schones
Jeffrey Blake Scoggins
April Lynn Seibert
Carol Vivian Setterstrom
Ami Fuchs Shaffer
Terra M. Shamas
Jennifer LaVerne Shaw
Shelley Anne Shelby
Adam Dale Shelton
Jamie Mozola Shouse
Michelle Lyn Sibley
Melanie Sue Simmons
Courtney M. Smith
Joshua Daniel Smith
Kara I. Anne Smith
Ted Matthew Smith
Tiffany Brooke Smith
Tracy Smith
Andrea Diane Stailey
Bethany Eve Stanley
Richard Gene Stanley
Lisa Marie Stanton
Jeran Edward Steuart
Krista Leigh Steuart
Jennifer Suzanne Stevenson
Charity Dawn Stubblefield
David Andrew Sturdivant
Douglas Allen Swim
Timothy Joseph Synar
Ashley Rene Tate
Kristopher Ryan Tate
Evan Andrew Taylor
Shannon Dell Taylor
Brooke Alyson Tebow
Steven P. Tepera
Steven James Terrill
Meredith Auletta Tipton
Raymond Harold Tipton III
Angela Lea Travis
Kimberly Susane Tressler
Scott Tillma Trost
Thomas Lee Tucker
Lee Christopher Tweedy
John Andrew Uhren
Andrea Kay Unruh
Brooke Hedlund Unruh
Jeffrey Alan Van Grevenhof
Arash Varshosaz
Thomas Keith Ventura
Breanna Harriet Vollmers
Matthew Bryant Wade
Christy Michelle Watkins
Nathan Thomas Weems
Shannon Collene Weis
Amy Elizabeth Wellington
Cara Collinson Wells
Joseph Riley Wells
Patrick S. Wells
Jack Edward Wheeler Jr.
Shane Michael Wiggans
Che Brack Wilbur
Clark Everett Williams
Michael Paul Womack
Laura Wood
Rochette Wurth
Huma Tabassum Yasin
Greg Allen Young
Anne M. Zimmermann
Listen Up!
Want a FREE listing on the OBA’s lawyer listing service? Go to www.okbar.org and
log into your myokbar account. Then click on the “Find a Lawyer” link.
Vol. 76 — No. 27 — 10/1/2005
2227
The Oklahoma Bar
Association and
Legal Aid Services of
Oklahoma, Inc.
Invite you to a
reception honoring
Pro bono attorneys
“Campaign for Legal
Aid” teams and
generous contributors
Thursday,
November 3, 2005
5:30 p.m. to
7:30 p.m.
Sheraton Hotel
2005-2006
presents the
State and Local
Government
Lecture Series
All lectures will be at 5:00 p.m.
Homsey Family Moot Courtroom
Sarkeys Law Center
NW 23rd Street and Kentucky Avenue
Free to the public
September 14
Todd Hiett
Speaker, Oklahoma House
of Representatives
November 1
Scott Meachum
Treasurer,
State of Oklahoma
One North Broadway
Oklahoma City,
Oklahoma
Plaza Ballroom
January (date tba)
Guy Liebmann
Member, Oklahoma House
of Representatives
February (date tba)
Miles Tolbert
Secretary of the Environment,
State of Oklahoma
For more information, contact
Jackie Weekley at (405)208-5197
or via e-mail at
[email protected],
www.okcu.edu/law.
or visit
2228
Vol. 76 — No. 27 — 10/1/2005
WOMEN IN LAW
2005 Lambird Spotlight Winners
Honored
By Deborah Bruce
S
ince 1996, the Spotlight Awards have been
given annually to five women who have
distinguished themselves in the legal profession and who have lit the way for other
women. In 1998, the award was named to
honor the late Mona Salyer Lambird, the first
woman president of the OBA, and one of the
award’s first recipients. The award is sponsored by the OBA Women in Law Committee.
Each year all previous winners nominate and
select the current year’s recipients. A plaque
bearing the names of all the winners hangs at
the Oklahoma Bar Center in Oklahoma City.
This year the awards were presented Sept. 29
at a banquet following the Women in Law
Conference. Winners are Laura L. Cross, Judge
Martha K. Kilgore, Judge Dana L. Rasure,
Judge Deborah Shallcross and Peggy Stockwell.
LAURA L. CROSS is a
principal of the Oklahoma
City law firm of Scoggins
& Cross PLLC. Before
obtaining her law degree,
Ms. Cross practiced 20
years as a registered nurse
in Oklahoma and continues active involvement in
nursing and healthcare
professional activities. Ms.
Cross has served as officer for a number of
health law committees and organizations. She
chaired the Oklahoma Health Lawyers Association and OBA Mental Health Committee. She
co-chaired the Governor's Task Force on
Bioethics and was a member of the Attorney
General’s Taskforce on End of Life Care. She
was District Nurses Association president and
served on the board of the Oklahoma Nurses
Vol. 76 — No. 27 — 10/1/2005
Association. Since her diagnosis with
advanced ovarian cancer in June 2004, Ms.
Cross has been aggressively involved in promoting ovarian cancer awareness, and she is
currently working with the Oklahoma State
Medical Association and chairing an Oklahoma Nurses Association Taskforce to promote the issue. She is a board member of
HOPE in Oklahoma Inc., an organization
focused on raising awareness of ovarian and
gynecologic cancers and recently organized
the Inaugural Walk of HOPE to promote ovarian cancer awareness.
JUDGE MARTHA KILGORE
has served as associate district judge for Pontotoc
County since 1989. Judge
Kilgore was instrumental
in establishing the PostAdjudicatory
Review
Board which serves as
advisor to the court in
deprived child cases. She
has been the driving force
behind the organization of the Pontotoc County Child Abuse Response Team and the Child
Advocacy Center in Pontotoc County. Judge
Kilgore started and presides over the Pontotoc
County Juvenile Drug Court Program and
recently began the Safe Haven Docket to help
parents who are afflicted by substance abuse
issues. Judge Kilgore’s numerous activities
and recognitions signify her commitment to
her community. She has received the Women
Helping Women Award from the Soroptimists,
served as honorary chairperson for the March
of Dimes and served as judicial advisor for
Oklahoma Girls’ State for over 20 years. Earlier this year she was chosen as Oklahoma
2229
CASA’s Judge of the Year. She has also served
as a member of the Emergency Appellate Panel
for the Oklahoma Court of Criminal Appeals.
Upon appointment by the Oklahoma Supreme
Court chief justice, Judge Kilgore has served
on the Time Standards Committee and the
Committee for Uniform Jury Instructions for
juvenile cases.
JUDGE DANA L. RASURE is
a bankruptcy judge in the
Northern District of Oklahoma. Judge Rasure is a
member of the National
Conference of Bankruptcy
Judges and has chaired
the Endowment for Education Committee and the
Academic
Outreach
Committee. She is the Tenth Circuit
representative for the Administrative Office of
U.S. Courts Bankruptcy Judges Advisory
Group and serves as the bankruptcy judge representative for the Administrative Office of the
U.S. Courts Technology and Facilities Advisory Counsel. Judge Rasure was recently
appointed to serve on the Judicial Conference
Committee on Judicial Security. Judge Rasure
is a master in the Hudson-Hall-Wheaton
Chapter of the American Inns of Court and
served as chapter president in 1998-99. She is
also a member of the American Bankruptcy
Institute, the Judicial Conference of the Tenth
Judicial Circuit, the Supreme Court Historical
Society, the OBA and the Tulsa County Bar
Association. Judge Rasure has been honored
by the Tulsa County Bar Association with the
Presidential Award, the Golden Rule Award
for Professionalism and the Outstanding
Senior Lawyer Award.
JUDGE DEBORAH C.
currently
SHALLCROSS
serves as chief judge of the
Tulsa County District
Court Juvenile Division.
She has been described as
“the best friend that Oklahoma children have.” She
first observed the impact
of the court and our legal
system on children as an attorney
in private practice in Shawnee 30 years ago.
She made a professional commitment to work
to improve the lives of children and she has
2230
remained committed to this goal throughout
her career. She has provided direction and
judicial leadership in numerous forums dedicated to protecting children and improving
their lives. In 1995, Tulsa County adopted a
mandatory Children Cope with Divorce education program designed by Judge Shallcross.
This award-winning program has been
embraced throughout Oklahoma courts. In
1998 she implemented the Families in Transition Program that protects children by encouraging the handling of divorce disputes
through negotiation and mediation. Recently
she partnered with law enforcement, Tulsa
Public Schools and Youth Services of Tulsa to
keep kids in the classroom through the “No
Excuses Truancy Reduction” program. In 2004
Judge Shallcross was the recipient of the Alma
Wilson Award for her significant contributions
to improving the lives of children.
PEGGY STOCKWELL practices in Norman and
focuses on family law. She
is also a mediator, arbitrator and Guardian Ad
Litem in family law cases.
She has served on many
OBA committees including Lawyers Helping
Lawyers, the Awards
Committee and the Disaster Relief
Committee. After the 1999 and 2003 tornados,
she arranged for the OBA to have a presence at
the FEMA site so those affected could have
their legal questions answered. She is also
actively involved in pro bono work and takes
cases for Legal Aid Services. She currently
serves on the OBA Professional Responsibility
Tribunal. Peggy is an active member of the
Cleveland County Bar Association where she
served on the Executive Committee for many
years and as president in 2000. She is a director
of the Cleveland County Bar Foundation and
has served on the board of several charitable
organizations including Norman Alcohol and
Information Center and Health for Friends.
She is currently serving on the Cleveland
County Health Department Board of Health.
She received the OBA “Outstanding Service to
the Community” award in 1999, the Legal Aid
Pro Bono award in 1999 and the OBA President’s Award for Outstanding Participation in
OBA Programs and Projects.
Vol. 76 — No. 27 — 10/1/2005
BAR NEWS
Statement of Ownership,
Management and Circulation
(Required by 39 U.S.C. 3685)
1. Publication Title: The Oklahoma
Bar Journal
2. Publication number: 277-340
3. Filing Date: Sept. 28, 2005
4. Issue Frequency: 4 issues in January, 3
issues monthly February, March, April, May,
August, September, October, November &
December; bimonthly in June & July
5. Number of issues published annually: 35
6. Annual subscription price: $55
7. Complete mailing address of known office
of publication: P.O. Box 53036, Oklahoma City,
Oklahoma County, OK 73152-3036; 1901 N.
Lincoln Blvd., Oklahoma City, OK 73105
8. Complete mailing address of headquarters
or general business office of publisher: P.O.
Box 53036, Oklahoma City, Oklahoma County,
OK 73152-3036; 1901 N. Lincoln Blvd., Oklahoma City, OK 73105
9. Full names and complete addresses of
publisher, editor, and managing editor:
Publisher: Oklahoma Bar Association, P.O.
Box 53036, Oklahoma City, OK 73152-3036
Editor: Ronald Main, 2815 E. Skelly Drive,
2800 Center #821, Tulsa, OK 74105
Managing Editor: John Morris Williams,
Oklahoma Bar Association, P.O. Box 53036,
Oklahoma City, OK 73152-3036
10. Owner (If the publication is owned by a
corporation, give the name and address of the
corporation immediately followed by the
names and addresses of all stockholders owning or holding 1 percent or more of the total
amount of stock.)
Oklahoma Bar Association, P.O. Box 53036,
Oklahoma City, OK 73152-3036
11. Known bondholders, mortgages, and
other security holders owning or holding 1
percent or more of total amount of bonds,
mortgages or other securities: None
Vol. 76 — No. 27 — 10/1/2005
12. Tax Status: The purpose, function and
nonprofit status of this organization and the
exempt status for federal income tax purposes
has not changed during preceding 12 months.
13. Publication Title: The Oklahoma Bar
Journal
14. Issue Date for Circulation Data Below:
September 24, 2005
15. Extent and nature of circulation
A. Total No. Copies (net press run) (average no. copies each issue during preceding 12 months): 15,055 (actual no. copies
of single issue published nearest to
filing date): 15,100
B. Paid and/or Requested Circulation
1. Paid/Requested Outside-County
Mail Subscriptions (average no.
copies each issue during preceding
12 months): 14,623 (actual no. copies
of single issue published nearest to
filing date): 14,529
2. Paid In-County Subscriptions (average no. copies each issue during preceding 12 months): 0 (actual no.
copies of single issue published
nearest to filing date): 0
3. Sales Through Dealers and Carriers,
Street Vendors, Counter Sales and
Other Non-USPS Paid Distribution
(average no. copies each issue during preceding 12 months): 0 (actual
no. copies of single issue published
nearest to filing date): 0
4. Other Classes Mailed Through the
USPS (average no. copies each issue
during preceding 12 months): 15
(actual no. copies of single issue
published nearest to filing date): 17
C. Total Paid and/or Requested Circulation (average no. copies each issue
2231
during preceding 12 months): 14,220
(actual no. copies of single issue published nearest to filing date): 14,546
D. Free Distribution by Mail
1. Outside-County (average no. copies
each issue during preceding 12
months): 173 (actual no. copies of
single issue published nearest to filing date): 181
2. In-County (average no. copies each
issue during preceding 12 months): 0
3. Others Classes Mailed Through the
USPS (average no. copies each issue
during preceding 12 months): 0
E. Free Distribution Outside the Mail
(average no. copies each issue during
preceding 12 months): 0 (actual no.
copies of single issue published nearest
to filing date): 0
F. Total Free Distribution (average no.
copies each issue during preceding 12
months): 173 (actual no. copies of single
issue published nearest to filing date):
181
G. Total Distribution (average no. copies
each issue during preceding 12
months): 14,393 (actual no. copies of single issue published nearest to filing
date): 14,727
H. Copies Not Distributed (average no.
copies each issue during preceding 12
months): 662 (actual no. copies of single
issue published nearest to filing date):
373
I. Total (average no. copies each issue during preceding 12 months): 15,055 (actual
no. copies of single issue published nearest to filing date): 15,100
J. Percent Paid and/or Requested Circulation (average no. copies each issue during preceding 12 months): 98.79 (actual
no. copies of single issue published nearest to filing date): 98.77
I certify that the statements made by me
above are correct and complete.
John Morris Williams
Editor-in-Chief
Twenty-five years of protecting your assets,
growing your wealth and advising you for life
2232
Vol. 76 — No. 27 — 10/1/2005
Vol. 76 — No. 27 — 10/1/2005
2233
2006 PROPOSED BUDGET
NOTICE:
Pursuant to Article VII, Section 1 of the Rules Creating and Controlling The Oklahoma Bar Association,
William R. Grimm, President-Elect and the Budget Committee Chairperson, has set a Public Hearing
on the 2006 Oklahoma Bar Association budget for Thursday, October 13, 2005 at 4:00 p.m. in the
Oklahoma Bar Center, 1901 N Lincoln Boulevard, Oklahoma City.
The purpose of the OBA is to engage in those activities enumerated in the Rules Creating and
Controlling the Oklahoma Bar Association (“the Rules”) and the OBA Bylaws (“the Bylaws”). The
expenditure of funds by the OBA is limited both as set forth at the Rules and Bylaws and in Keller v.
State Bar of California , 496 U.S. 1 (1990). If any member feels that any actual or proposed
expenditure is not within such purposes of, or limitations on the OBA, then such member may object
thereto and seek a refund of a pro rata portion of his or her dues expended, plus interest, by filing a
written objection with the Executive Director. Each objection must be made in writing on an OBA Dues
Claim Form, addressed to the Executive Director of the OBA, P. O. Box 53036, Oklahoma City, OK
73152, and postmarked not later than Sixty (60) days after the approval of the Annual Budget by the
Oklahoma Supreme Court or January 31st of each year, whichever shall first occur.
Upon receipt of a member’s written objection, the Executive Director shall promptly review such
objection together with the allocation of dues monies spent on the challenged activity and, in
consultation with the President, shall have the discretion to resolve the objection, including refunding a
pro rata portion of the member’s dues, plus interest or schedule a hearing before the Budget Review
Panel. Refund of a pro rata share of the member’s dues shall be for the convenience of the OBA, and
shall not be construed as an admission that the challenged activity was or would not have been within
the purposes of or limitations on the OBA.
2234
Vol. 76 — No. 27 — 10/1/2005
REVENUES
ADMINISTRATIVE:
Dues and Penalties
Investment Income
Annual Meeting
Commissions
Mailing Lists and Labels
Council on Judicial Complaints - Rent and Services
Board of Bar Examiners - Rent and Services
Oklahoma Bar Foundation - Rent and Services
Legal Intern Fees
Other
$ 3,748,000
35,000
45,000
30,000
12,000
10,000
15,000
13,000
10,000
16,000
OKLAHOMA BAR JOURNAL
AND PUBLIC INFORMATION:
Oklahoma Bar Journal:
Advertising Sales
Subscription Sales
Other Miscellaneous
152,000
19,500
750
LAW RELATED EDUCATION:
P.A.C.E. Institute Grant
Other Grants
25,000
65,850
CONTINUING LEGAL EDUCATION:
Seminars and Materials
GENERAL COUNSEL:
Disciplinary Reinstatements
MANDATORY CONTINUING
LEGAL EDUCATION:
Filing Penalties
Provider fees
MANAGEMENT ASSISTANCE PROGRAM:
Consulting Fees and Material Sales
OBA-Net Fees
ETHICS COUNSEL
Diversion Program
Out of State Attorney Registration
COMMITTEES AND SPECIAL PROJECTS:
Mock Trial Program Fees
Lawyers Helping Lawyers
Insurance Committee
Women-in -Law Conference
Solo-Small Firm Conference
Young Lawyers Division
$ 3,462,188
15,000
45,000
30,000
12,000
13,800
15,000
13,000
10,000
16,000
$ 3,631,988
172,250
156,000
19,500
1,000
176,500
90,850
25,000
83,512
108,512
1,075,500
1,291,000
15,000
15,000
66,000
46,600
112,600
103,000
46,500
149,500
7,500
1,200
8,700
8,500
-
8,500
6,000
145,000
151,000
12,000
60,000
72,000
196,685
26,685
20,000
36,000
50,000
50,000
5,000
187,685
26,685
20,000
45,000
50,000
50,000
5,000
TOTAL REVENUES
Vol. 76 — No. 27 — 10/1/2005
$ 3,934,000
2005 BUDGET
$ 5,756,585
$ 5,640,685
2235
EXPENDITURES
ADMINISTRATIVE:
Salaries and Benefits
Annual Meeting
Board of Governors and Officers
Conferences and Organizational Development
Legislative Monitoring
General and Administrative:
Utilities
Insurance
Data Processing
Building and Equipment Maintenance
Postage
Copier
Supplies
Rent
Grounds Maintenance
Audit
Miscellaneous
Overhead Allocated to Departments
OKLAHOMA BAR JOURNAL
AND PUBLIC INFORMATION:
Oklahoma Bar Journal:
Weekly Issue Printing
Special Issue Printing
Other
Public Information Projects
Newsclip Service
Pamphlets
Photography
Supplies
Miscellaneous
Allocated Overhead
$
713,199
90,000
103,000
16,000
5,000
82,000
44,000
25,800
69,000
60,000
68,000
26,000
12,000
7,280
11,500
64,700
(459,271)
$
$
938,208
655,549
85,000
100,000
16,000
5,000
86,000
44,000
18,550
63,000
75,000
66,000
24,000
12,000
6,700
10,500
54,300
(447,689)
$
873,910
185,783
177,166
285,000
170,000
4,000
8,000
1,400
15,000
1,000
500
11,600
77,549
759,832
285,310
175,005
4,000
8,600
1,400
10,000
1,000
500
10,100
78,317
751,398
337,820
95,609
40,000
83,512
31,600
10,000
7,000
38,381
306,102
1,006,519
322,885
102,000
150,000
70,000
98,000
90,000
25,000
11,000
7,000
3,000
20,900
119,745
1,019,530
LAW RELATED EDUCATION:
P.A.C.E. Institute Program
Other Grant Projects
Training, Development and Travel
Newsletter
Miscellaneous
Allocated Overhead
101,624
40,000
65,850
63,600
20,000
6,500
40,246
CONTINUING LEGAL EDUCATION:
Meeting Rooms and Food Service
Seminar Materials
Co-sponsorship fees
Brochures and Bulk Mail
Speakers
Binders
Audio/Visual
Department Travel
Supplies
Miscellaneous
Allocated Overhead
333,086
135,000
110,000
60,000
85,000
90,000
20,000
14,000
7,000
3,000
28,000
121,433
2236
2005 BUDGET
Vol. 76 — No. 27 — 10/1/2005
EXPENDITURES
DISCIPLINARY:
Investigation and Prosecution
PRC Travel and Meetings
PRT Travel and Meetings
Department Travel
Library
Supplies
Miscellaneous
Allocated Overhead
$
859,382
35,500
3,000
3,000
300
5,000
7,500
13,000
99,764
MANDATORY CONTINUING LEGAL EDUCATION:
Printing & Compliance Reporting
Supplies
Commission Travel
Miscellaneous
Allocated Overhead
168,888
4,500
500
2,000
6,840
40,093
MANAGEMENT ASSISTANCE PROGRAM
OBA-NET Expense
Brochures and Pamphlets
Resource Center
Computer Software
Supplies
Travel
Miscellaneous
Allocated Overhead
138,009
3,000
2,275
900
1,000
1,000
2,000
8,450
40,093
ETHICS COUNSEL
Library
Supplies
Travel
Miscellaneous
Allocated Overhead
113,444
2,000
250
2,000
5,000
40,093
COMMITTEES AND SPECIAL PROJECTS:
Law Day
Women-in -Law Conference
Solo-Small Firm Conference
Mock Trial Program
Access To Justice Commission
General Committees
Lawyers Helping Lawyers Program
Young Lawyers Division
2005 BUDGET
$
$ 1,026,446
818,454
35,000
4,000
3,500
1,000
5,000
7,500
11,000
96,562
222,821
163,867
6,700
400
2,000
2,900
38,228
214,095
196,727
131,882
3,000
2,275
900
1,000
1,000
2,000
6,950
38,228
187,235
162,787
105,636
1,500
0
2,000
3,200
38,228
150,564
369,000
30,000
55,000
55,000
34,000
25,000
34,000
40,000
80,000
353,000
40,000
60,000
55,000
35,000
25,000
34,000
40,000
80,000
CLIENT SECURITY FUND CONTRIBUTION
$
100,000
982,016
100,000
2006 NATIONAL MOCK TRIAL CHAMPIONSHIP CONTRIBUTION
100,000
75,000
CAPITAL IMPROVEMENTS
535,746
627,000
$ 5,755,906
$ 5,639,850
$
$
TOTAL EXPENDITURES
TOTAL REVENUES OVER (UNDER) EXPENDITURES
Vol. 76 — No. 27 — 10/1/2005
679
835
2237
FROM THE PRESIDENT
Hurricane Katrina’s Impact on
the Legal System
By Michael D. Evans
What You Can Do to Help
The devastation caused by
Hurricane Katrina has
touched the compassionate
part of us that motivated us
to become lawyers —
because we want to help
people. The stories we are
seeing on TV are gutwrenching. Families who
have lost loved ones, lost
everything they owned. We
know that fellow lawyers are
among those victims. Some
have lost both their homes
and their law offices.
The OBA is communicating with the ABA and bar
associations in Louisiana,
Mississippi and Alabama to
determine needs and to offer
assistance. Right now I urge
all bar members to support
the national disaster relief
organization of your choice
which have been responding
to the immediate health and
safety needs of the victims.
2238
We’ve been told that financial donations to those frontline relief organizations
allow them to do more than
items directly donated from
local individuals and
groups.
there to provide essential
legal services to their clients.
The fund will also help
defray expenses of legal professionals who are providing
free legal advice and assistance to disaster victims.
The magnitude of this disaster has also affected the
justice system in the Gulf
Coast states. The damage
and destruction experienced
by lawyers, judges and
courthouses is massive in
addition to the countless
people in need of legal assistance to recover from this
disaster. Hopefully, the
rebuilding process for
lawyers and the courts will
begin soon. Part of that
process will undoubtedly be
to restore the legal system in
the affected states.
People wanting to assist
can send a donation to the
OBF Assistance Fund
Created
To help rehabilitate the
Gulf states’ legal systems,
the Oklahoma Bar Foundation, working together with
the OBA, has established the
“Hurricane Katrina Legal
Assistance Fund.” The fund
will help rebuild the legal
infrastructure in the affected
states to enable lawyers
Hurricane Katrina Legal
Assistance Fund
c/o Oklahoma Bar Foundation
P.O. Box 53036
It is important to identify
the gift is designated for this
fund.
The leadership and staff of
each of the affected bar associations are not strangers to
Oklahoma. As part of the
Southern Conference of Bar
Presidents, we have longstanding relationships with
these folks and know they
will be good guardians of
any resources we send to
them.
Other Ways to Assist
Oklahoma is currently
hosting about 1,000 evacuees
at Camp Gruber near
Muskogee and more in shelters in Lawton and Bristow.
The state is prepared to host
more people at Falls Creek,
Vol. 76 — No. 27 — 10/1/2005
near our southern border.
We have talked to the disaster relief organizations about
providing free legal advice,
and we will issue a call for
volunteers if we are needed.
Oklahoma attorneys who
would like to donate office
space or housing for displaced lawyers are encouraged to go to the ABA’s disaster Web site at
www.abanet.org/katrina/
and enter the information on
its master list. Or call the
OBA at (405) 416-7000, give
us your information and
we’ll post it for you.
Recovery from this disaster will take months, even
years. The OBA has posted
links at www.okbar.org to
several helpful disaster relief
Web sites. We will continue
to monitor the needs of the
hurricane victims and keep
you posted.
Sincerely,
To contact President
Evans, e-mail him at
[email protected]
Oklahoma Bar Journal
Editorial Calendar
2005
■ November
Technology/Practice
Management
Jim Calloway
[email protected]
■ December
Discipline, Ethics
& Professional
Responsibility
Dan Murdock
& Gina Hendryx
[email protected]
[email protected]
2006
■ January
Meet Your OBA
Editor: Carol Manning
■ February
Indian Law
Editor: Luke Gaither
[email protected]
Deadline: Oct. 13, 2005
■ March
Social Security
Editor: Judge Lori Walkley
[email protected]
Deadline: Jan. 1, 2006
■ April
Law Day
2006 cont’d
■ May
Employment
Discrimination
Editor: John Munkacsy
[email protected]
Deadline: Jan. 1, 2006
■ August
Financial Institutions &
Commercial Law
Editor: O.B. Johnston III
[email protected]
Deadline: May 1, 2006
■ September
Bar Convention
■ October
Workers’ Compensation
Law
Stephen Barnes
[email protected]
Deadline: May 1, 2006
■ November
Technology/Practice
Management
Jim Calloway
[email protected]
Deadline: Aug. 1, 2006
■ December
Discipline, Ethics &
Professional Responsibility
Dan Murdock
& Gina Hendry
[email protected]
[email protected]
Deadline: Aug. 1, 2006
If you would like
to write an article
on these topics,
contact the editor.
Vol. 76 — No. 27 — 10/1/2005
2239
FROM THE EXECUTIVE DIRECTOR
Making a Difference
By John Morris Williams
The best times I have had as
a lawyer has been spent working with other lawyers. The
work can be challenging and
fun, but the people make it
meaningful. I love to hear stories from lawyers and judges.
Have you ever noticed that
they too are about people? I
remember as a young lawyer
hearing stories from “older”
lawyers about members of the
profession that had gone
before me. No one could spin
a yarn better than my friend
and mentor Andrew L. (Andy)
Hamilton. Often when I was
in a tough spot on a case he
would say, “John, I have seen
a situation just like this and it
will get worse before it gets
better.”
The key was that it would
get better. Those of you who
knew Andy know that he had
more fun than most of us. He
enjoyed the company of
lawyers, had compassion for
the downtrodden and didn’t
mind drinking warm beer. He
knew if you don’t worry about
ice, you can start fishing
quicker and stay longer. He
had a good work-life balance
concept going there.
The generation of lawyers to
which Andy belonged is
quickly leaving us. I am beginning to realize that I am telling
stories to young lawyers about
giants they’ve never heard of
in our profession. Can you
imagine not knowing Don
2240
Benson or Jim Gassaway?
Maybe you did not know
them, but I promise you that
the work they did for our bar
association has affected your
life in one way or the other. If
you lived in their communities, your life was affected by
their good works there too.
For several years, folks who
study organizations have told
us that people born after 1945
have a different outlook on
joining and involving themselves in organizations. To
some extent this is true, and as
you try to generalize each generation, the exceptions are
always people who become
our leaders. They are the men
and women who show up at
committee meetings, contribute financially, write articles, volunteer to help build a
house and the countless other
things that make a bar association run. They are usually also
active in their communities
and county bar associations.
Not surprisingly, they usually
have a pretty good work-life
balance.
At this year’s Annual Meeting, we will acknowledge
lawyers making a difference
not only in their practice but
in the world. In my job, I am
lucky to be in constant contact
with such people. The members who I see and work with
on a regular basis are flat out
just the best people you will
ever meet. You know who
they are, and if you are not
one of them you should be. If
you are not involved in your
profession and in your community, you are losing out on
the opportunity for some of
the best times of your life.
As we acknowledge the
quick passing of what some
have called the “Greatest Generation,” we must follow their
example of service to our profession and to our world.
Their esprit de corp, their dedication to country and community and their capacity to have
a good time in their work is
something we need to emulate. I want to encourage you
to go outside of your practice
and get involved somewhere,
helping someone by doing
something that matters. If it is
not bar work, then find it in
your community. As a result,
some studies show you will be
healthier, wealthier and wiser.
Just the kind of people we
need to lead our profession,
our communities and our
world. I have seen situations
like this and they usually get
better and better. And who
knows, you might be one of
those giants that young
lawyers in generations to
come hear about.
To contact Executive
Director Williams,
e-mail him at
[email protected]
Vol. 76 — No. 27 — 10/1/2005
LAW PRACTICE TIPS
One Law Office to Go, Please
By Jim Calloway, Director, OBA Management Assistance Program
While the correspondence
on this page is not
real, the ability to
AP:
Dear OBA-M
assemble and carry
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a
n
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want to keep p In fact, I saw a
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.
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special on cab d and I want to
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much regard to price.
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visit them all. Is ile law office? I
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o
a completely m ending a little
ed alternatives as well.
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wouldn’t mind
But do not take the
each of those
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mention of products
time working
m there.
here as an endorsement
beaches while I’
of that particular prodTall Cotton
uct. There are often
other alternatives. We’ll
try not mention any
poor products, however.
The first piece of the
mobile law office is the
computer. We are all familiar with laptop computers.
Many lawyers use laptop
computers. There are
many different features
available with laptops,
and laptops have evolved
into two different categories: notebook computers and desktop replacements. There are also
inexpensive “plain” laptops between these two
extremes.
Vol. 76 — No. 27 — 10/1/2005
Dear Tall:
Certainly it is p
oss
mobile law offic ible to have a
e. But, the beach
is not the friend
lies
for computing w t environment
it
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technologist to tr a full-time legal
a
My resume is en vel with you.
closed.
Jim
The notebook computer is,
as the label suggests, as
small as a notebook. We’ve
seen some very small notebooks. Desktop replacements are generally much
larger with screens almost as
large as a small desktop
monitor. Many of these now
have wide screens with the
HDTV screen ratio size.
Both types of computers
have certain advantages
and disadvantages, and the
selection is more a matter
of personal taste and needs
rather than a “right or
wrong” choice.
Notebook computers
are small and light. They
are the preferred computer for those who travel a
lot and want to work on
cramped airplanes. They
can easily fit in a
small shoulder bag or
briefcase. They are
more visually appealing. The smaller
screen may present
problems for those
with vision issues.
Keyboards can be
smaller as well. Smaller size tends to add
expense with all types
of electronics equipment.
Desktop replacements
are larger, often much
larger. The significant
weight of desktop
2241
replacements means that
most of us who transport
them frequently will want a
wheeled computer bag with
a telescoping handle. The
larger screen and larger keyboards are considered an
asset by many, but they certainly do not work well on
an airplane when the person
in front of you decides to
recline. They are certainly
superior for those who like
to watch movies on DVD or
like to do side-by-side comparison of two documents
on your screen.
But Tall Cotton is definitely a wide screen desktop
replacement kind of guy. I
am, too. My eyes appreciate
the larger display. But your
opinion may differ.
One of the important considerations with a laptop
purchase is to get a “name
brand” machine. Buying discounted off-brand laptops
can prove expensive if
replacement parts or service
is unavailable or prohibitively expensive.
While Tall Cotton will
want to add the media center package and other extras
to drive up the price up to
$3,000, $4,000 or more, most
of us can find a very nice
unit in the neighborhood of
$2,000 and the patient budget shoppers can get one for
much less.
When purchasing a laptop,
one should also always buy
a docking station or port
replicator for ease in hooking up the office network,
full-sized keyboard, printer
and other devices. These
devices may seem high
priced, but they are worth it
as they save several minutes
every time you bring your
laptop back into the office.
2242
Once you have a laptop,
then you need a bag in
which to carry your laptop
and the rest of your portable
law office. Unless you really
want to add weight-lifting to
your daily routine, desktop
replacement laptops require
a laptop roller bag. They are
just too heavy to carry briefcase style unless you only
carry them infrequently.
That’s not even including
the weight of the other
peripherals. About.com had
a nice feature on laptop
roller bags that is online at
http://tinyurl.com/bqhyv.
I’ve admired and am going
with the ergonomically
correct
Kensington Contour
Roller, with a recent online
price range from $67.83 $127.45. One thing to note as
you shop for roller bags is
that those with more narrow
wheels somewhat under the
bag tend to tip much more
that the wider wheels placed
on the outside edge of the
bag.
Mobile printers are a
somewhat more complex
story. Since I’ve never
owned or used one, I have to
rely on hearsay for this opinion. Some of the earlier
mobile printers were quite
small, but a bit impractical.
If you are going to go to the
trouble to pack a portable
printer, you might as well
get one with some decent
features, an adequate paper
tray capacity and reasonable
page-per-minute printing
speed. For $350, the HP
Deskjet 450wbt Wireless
Mobile Printer delivers several wireless printing
options, rechargeable lithium-ion batteries that allow
printing of up to 350 pages
without plugging into an
outlet, a 45-page capacity
sheer feeder that doubles as
a cover for travel and prints
at up to nine pages per
minute. The listed weight is
4.2 pounds. With dimensions
of 13.3 x 3.2 x 6.5 inches, it is
not exactly bulky, but far
from pocket size. Budget
shoppers can save $100 or so
with less fully featured HP
450 models.
Still an almost shoeboxsized printer may not meet
your idea of mobile. There
are smaller models, and you
might consider alternative
printing options.
Of course, vendors like
FedEx Kinkos have remote
printing services. Send the
documents to the service
online and pick up the printed copies later. If you are
staying at larger hotels, you
can always take documents
down to the business center
on a flash drive. In fact in
most cities, you should be
able to take a flash drive and
locate a copy shop for printing. (Hint to WordPerfect
Vol. 76 — No. 27 — 10/1/2005
Next the portable office
needs a portable scanner.
Some may be tempted to
scrimp on this item, but the
true portable office has to
have this, particularly if you
have already invested in a
portable printer. Having a
printer and scanner with
you means that you also
have the equivalent of a
photocopy machine in your
arsenal. You make copies by
scanning the document with
the scanner and printing the
number of copies you need
with the printer. Plus you
cannot truly have a mobile
law office without the ability
to scan and retain paper documents. Others may fax
important documents to
your beachfront hotel and
you want to save them without carrying them around
the world.
Visioneer has offered several models of portable scanners over the years. Their
newest version is one sweet
machine (from the reports
anyway). The Visioneer
Strobe XP 300 scans at six
pages per minute either single sides or both sides of the
paper at once. Measuring
only 2 x 2.5 x 12 inches and
weighing 20 ounces, this is
truly portable with included
software to scan directly to
PDF with editable text. It can
use power from either an
electrical outlet or your computer’s USB port. True road
warriors appreciate not having to carry one more heavy
power brick in your bags.
Tall Cotton won’t mind the
$399.99 price. Budget shoppers can find older models
Vol. 76 — No. 27 — 10/1/2005
on the Visioneer Web site (all
the way down to a factory
reconditioned Strobe XP 100
for $129.99) and other companies make portable scanners as well.
on an online deal she had
found: a Kanguru Zipper
USB 2.0 1.5GB Pocket Hard
Drive for $39.99. There are
many types of small portable
hard drives available. Backing up to one of these every
night and leaving that drive
in your checked baggage
guards against the lost or
stolen laptop data loss. If
you are worried about the
plane going down you can
always burn a DVD and
snail mail it back to the
office.
Surge protection is a concern as well. Mobile surge
protectors are inexpensive
and very small and can be
found most anywhere you
buy computer products.
“
There are more
things you will want
to carry on the road
depending on
your desires…
“
users: Use “publish to PDF”
to put the documents on the
flash drive since these other
computers might not have
WordPerfect installed.)
The road warrior will need
backup as well and likely
would look to online backup
providers if expense was no
object. But Tall Cotton might
be a little leery of sending
client data from various
hotels and cyber cafes to a
backup provider. As I was
editing this article, Tulsa
lawyer Jody Nathan posted
to the OBA-NET information
Of course you don’t want
to have to try and boot up a
laptop every time you need
to check your calendar. A
smart phone that combines
all of the features of a PDA
and a phone will be a “must
have” device. We’ll opt for
the Treo 650 ($299-$500), but
those who want something a
little more compact may
look to the Samsung i500
($499).
And no road warrior will
travel without an iPod for
music on the go. Some nice
portable speakers will free
you from the need to wear
headphones in your hotel
room.
There are more things you
will want to carry on the
road depending on your
desires: a couple of extra
flash drives, an extra laptop
battery and some CAT-5
cable for network connections start the list. The bottom line is that you can have
a law office to go if you
want to do so.
2243
Date: Friday, October 21, 2005
Location: Cox Convention Center, Oklahoma City
MCLE: 8.5 hours, includes 1.0 hour of ethics
Registration before Oct. 12, $145
Registration after Oct. 12 or at the door*: $165 *Contingent upon seating availability
563-3031-601
For more information, please call (405) 325-2891 or (800) 522-0772, ext. 2891.
e-mail us at [email protected], or visit our web site at www.outreach.ou.edu/cle/index.html
2244
Vol. 76 — No. 27 — 10/1/2005
ETHICS / PROFESSIONAL RESPONSIBILITY
Fee Agreements with Clients
By Gina Hendryx, OBA Ethics Counsel
My client owes me a lot of
money for legal services and
advanced expenses. May I charge
the client interest on the unpaid
balance?
Almost all jurisdictions allow
lawyers to charge interest on
unpaid legal fees and advanced
expenses provided a specified
amount of time has elapsed
and the client has agreed to
such an arrangement. The
Oklahoma Bar Association’s
Legal Ethics Committee adopted this majority approach in
1975 in Ethics Opinion No. 286,
which can be found at www.
okbar.org/ethics/286.htm.
In its opinion, the committee
stated:
Therefore, the Legal Ethics
Committee of the Oklahoma
Bar Association finds that it is
ethical and proper for an
attorney to charge interest on
overdue accounts for professional services rendered or
expenses advanced as long as
there has been an
agreement made with the
client concerning these
charges.
The opinion further notes
that attention should be paid to
applicable state and
federal law.
In light of the Committee’s
opinion it merits mention that
there are specific requirements under the Oklahoma
Uniform Consumer Credit
Code providing for the disclosure of interest under various
situations. It is suggested that
Vol. 76 — No. 27 — 10/1/2005
the attorney review the
statutes before proceeding
with the charging of interest
so that he fully complies with
the requirements applicable to
his situation.
In Oklahoma, as in most
jurisdictions, the client must
have agreed in advance to pay
interest on an unpaid balance.
However, jurisdictions differ
on whether the agreement
must be in writing. Ethics
Opinion No. 286 does not
require the agreement to be
memorialized nor does Oklahoma require all fee agreements to be in writing. Oklahoma Rules of Professional
Conduct (ORPC) 1.5 requires
only contingency fees be in
writing while encouraging
other fee agreements to be
communicated to the client in
writing. However, if an Oklahoma attorney intends to
attach finance charges to an
unpaid legal fee, he would be
wise to get the client’s agreement to same in writing. The
following are suggested:
1) Communicate the basis or
rate of the fee along with the
intent to charge
interest on any unpaid balance
to the client both orally and in
writing.
2) Communicate to the client
how the interest will be computed both orally and in writing.
3) Affirm the client’s
agreement to the fee and interest by having the client sign the
fee agreement.
4) Keep the original of the fee
agreement and give the client a
copy.
5) The interest rate must be reasonable, within legal limits and
not usurious.
6) The total amount sought
from the client (fees plus interest) must be reasonable.
By reducing the agreement to
writing and obtaining the
client’s signature to same, the
attorney protects himself from
later claims that he failed to
disclose the subsequent interest
charges. In Florida Bar v. Fields,
482 So. 2d 1354 (Fla. 1986) an
attorney was found to have
violated the ethics rules by
imposing interest charges to an
unpaid balance without proper
disclosure to and authorization
of the client.
Attorneys should be cognizant when attempting to collect a fee that the United States
Supreme Court has held that
the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et.seq.
(1995) applies to lawyers collecting fees. Heintz v. Jenkins,
514 U.S. 291 (1995).
Among other provisions, the
act forbids “debt collectors”
from engaging in unfair or abusive practices and from making
false or misleading representations when collecting fees.
Have an ethics question? It’s a
member benefit, and all inquiries
are confidential. Contact Ms.
Hendryx at [email protected] or
(405) 416-7083; (800) 522-8065.
2245
2246
Vol. 76 — No. 27 — 10/1/2005
BOARD OF GOVERNORS ACTIONS
OBA Board of Governors Actions
The Board of Governors of the Oklahoma Bar Association met at Sarkey’s Law Center on the campus of
Oklahoma City University in Oklahoma City on Friday, Sept. 16, 2005.
REPORT OF THE
PRESIDENT
REPORT OF THE
PRESIDENT-ELECT
President Evans reported
he attended the board meeting at Tahlequah and the
OBA Awards Committee
meeting in Oklahoma City.
He helped coordinate the
OBA's response to Hurricane
Katrina and had several conferences with OBF/OBA
leaders regarding the relationship between the two
organizations.
President-Elect Grimm
reported he met with Executive Director Williams to discuss the 2006 budget draft,
met with Judge Millie Otey
to finalize a subcommittee
report on intermediate discipline to the OBA Bench &
Bar Committee, and met
with OBF and OBA officers
to discuss the management
agreement and Hurricane
Katrina assistance project.
He reviewed the initial draft
of the strategic plan matrix
prepared by ABA staff member Elizabeth Derrico. He
also attended meetings of
the OBF Board of Trustees,
OBA Bench & Bar Committee and conducted the OBA
Budget Committee meeting.
REPORT OF THE
VICE PRESIDENT
Vice President Bozarth
reported he attended the
OBA Awards Committee
meeting in Oklahoma City.
He also attended a meeting
with Executive Director
Williams, Public Information
Director Manning and staff
members at Habitat for
Humanity in Oklahoma City
regarding finalizing work
dates for the Justice House.
As construction crew coordinator, he responded to
numerous e-mail messages
regarding the Justice House
and is still looking for Justice
House construction volunteers to fill the remaining
dates.
Vol. 76 — No. 27 — 10/1/2005
REPORT OF THE
EXECUTIVE DIRECTOR
Executive Director
Williams reported construction will start on the Justice
House Saturday. On Tuesday
the Oklahoma County Bar
Auxiliary will provide lunch
for the construction crew. He
said the first Monday in
October is the annual Clean
Off Your Desk Day at the
Oklahoma Bar Center. Members of the Technology Committee will be there to share
results of an employee technology survey, which is a
test for future electronic surveys. Board members were
invited. He reported he participated in meetings with
foundation staff to work on
IOLTA compliance, with a
building contractor, with
Law Student Division Chair
McGill on division issues,
with President Evans and
with staff for an Annual
Meeting planning phone
conference with luncheon
speaker Judge Sessions.
Executive Director Williams
attended the Oklahoma
Access to Justice Commission meeting, budget draft
meeting with President-Elect
Grimm, Budget Committee
meeting, meeting with
OAMIC President Phil Fraim
regarding donation of a plasma screen, conference with
Gary Clark regarding the
Technology Committee,
directors meeting, staff celebration, meeting with Bank
of Oklahoma representative
Mary Pointer, meeting with
Habitat for Humanity,
swearing-in of Judge Bell,
Law School Consortium teleconference, DHS Child Support Division open house,
OBF Trustee meeting, Budget Committee meeting,
Bench and Bar Committee
Meeting and had a conference with Senate staff
regarding proposed legislation. He also spoke at a CLE.
2247
REPORT OF THE PAST
PRESIDENT
Past President Woods
August board meeting in
Tahlequah and a meeting of
the Bench and Bar Committee Judicial Campaign Subcommittee. He also participated in a meeting with
OBA and Oklahoma Bar
Foundation leaders to discuss matters of common
interest between the OBA
and the OBF.
REPORTS OF THE BOARD
MEMBERS
Governor Beam reported
he attended the board meeting in Tahlequah and
enjoyed the Friday afternoon
float trip that followed the
meeting. Governor Caudle
board meeting and related
social activities in Tahlequah. He also attended the
August Comanche County
Bar Association meeting and
CLE presentation. Governor
Conger reported he attended
the Oklahoma Bar Foundation Grants Committee meeting. Governor Hogan
reported he has worked on
the relief effort for the people in Mississippi and
Louisiana. He also attended
a Haskell County Bar Association event. Governor
Holmes reported he attended the board meeting in
Tahlequah, a Bench & Bar
retreat hosted by former
Governor Allen Smallwood,
Cleveland County Bar Association luncheon meeting,
Oklahoma County Bar Association annual dinner &
dance event, William J. Holloway Jr. Inn of Court program planning meeting and
the OBA Budget Committee
meeting. Governor Ken2248
nemer reported he attended
the board meeting in Tahlequah and the monthly sixhour task force meeting to
create a Uniform Residential
Sales Contract-OREC/OKC.
He also worked on obtaining
donations for the Justice
House and OBA/OBF Katrina Relief Fund. Governor
Parsley reported he attended
the county bar reception and
August board meeting in
Tahlequah in addition to a
meeting of the Texas County
Bar Association. He reminded board members of the
upcoming Boiling Springs
Institute and urged them to
attend. Governor Thomas
reported she attended the
board meeting in Tahlequah
that included two float trips
on the Illinois River and the
Cherokee County Bar reception. She also attended a
lunch reception for Robert
Butkin, new University of
Tulsa College of Law dean.
She met with the board “has
beens” to begin planning the
January party and hosted a
retirement party for Allan
Stocker, a longtime
Bartlesville attorney who is
retiring after more than 50
years of practice.
REPORT OF THE YOUNG
LAWYERS DIVISION
Governor Gaither reported
he participated in the strategic planning session at the
Oklahoma City Zoo, prepared and passed out bar
exam survival kits and conducted the YLD August
board meeting. YLD members attended the ABA annual meeting in Chicago,
organized new attorney
social hours set for Oct. 6 at
McNellie’s Public House in
Tulsa and for Oct. 13 at
Bricktown Brewery in Oklahoma City. The YLD also
organized a volunteer day to
work on the Justice House
on Sept. 24.
REPORT OF THE LAW
STUDENT DIVISION
Chairperson McGill
reported she attended the
July Board of Governors
meeting as well as two
OLSD officer meetings. She
said division board members
have also attended orientations at the three law
schools. She reported they
have been very successful in
their first attempts to recruit
members. The division has
planned social events with
the bar for this semester and
programming events at each
of the law schools. They had
recruitment tables at each of
the schools for at least one
entire school day and
planned events for law students at the OBA Annual
Meeting. The division also
contacted all the sections to
request membership for law
students. She reminded
board members about eating
at Zio’s on South Meridian
in Oklahoma City that is a
fund-raising project for the
Justice House.
COMMITTEE LIAISON
REPORTS
Governor Caudle reported
the Professional Committee,
chaired by Judge Jane Wiseman, is working on a deposition rule.
RECOMMENDATION
FROM THE MEMBER
SERVICES COMMITTEE
TO APPROVE
TECHNOLAWYER
ARCHIVE MEMBER
BENEFIT
Management Assistance
Program Director Calloway
reviewed the approval
process for different levels of
Vol. 76 — No. 27 — 10/1/2005
sponsorship and described
the background concerning a
proposed member benefit
recommended by the Member Services Committee.
TechnoLawyer, an online
resource for legal technology
and management information, is offering OBA members access to its archive at
no cost for one year. It was
uncertain what the arrangement might be after the first
year. The board approved
the member service.
INVESTMENT
COMMITTEE REPORT
Executive Director
Williams reviewed information from Committee Chair
John Trudgeon that accompanied a proposed investment policy. The emphasis of
the policy was that funds
should be held in a readily
accessible form, with minimum risk of devaluation, to
provide for programs and
services to members as
approved by the Board of
Governors. The board
approved the policy.
CONSIDERATION OF
THE DIVERSITY BARREVIEW SCHOLARSHIP
PROGRAM
On behalf of Diversity
Committee Chairperson Joe
McCormick, General Counsel Murdock reviewed the
proposal of the Diversity
Committee to create barreview scholarships for law
students of color and ethnicity who otherwise might not
have financial resources to
afford the course. The board
voted to approve in principle a new resolution authorizing and endorsing the
diversity bar-review scholarship initiative; however, the
board requested the committee submit the full content of
Vol. 76 — No. 27 — 10/1/2005
a new resolution to be submitted at a future meeting
that would include the
Kansas description of law
students to be awarded the
scholarships and the ultimate program goal.
BAR CENTER FACILITIES
COMMITTEE
RECOMMENDATION
TO EMPLOY A
CONSTRUCTION
MANAGER
Administration Director
Combs reported the committee has met several times
and is now making a recommendation to hire Lingo
Construction Services Inc. to
be the contractor for the renovation and remodeling of
the Oklahoma Bar Center.
Committee Chair Jim Golden reported the committee is
trying to be diligent in the
careful spending of the association’s money. This company would complete the first
two phases, then the committee will evaluate whether
to continue with this contractor. The board approved
the contract. It was pointed
out that architectural and
other fees are not included
in the payments to the contractor.
MEMBER SERVICES
COMMITTEE
RECOMMENDATION TO
APPROVE SUN TRUST
BANK STUDENT LOAN
CONSOLIDATION
MEMBER BENEFIT
Administration Director
Combs reviewed the background of the proposed
member service. The board
authorized OBA staff to
address questions raised and
to consider approval of the
member benefit at the next
meeting.
EMPLOYMENT POLICY
REGARDING
BACKGROUND
INVESTIGATIONS
General Counsel Murdock
clarified questions board
members asked. The board
voted to add the proposed
policy on background investigation of prospective
employees to the OBA
employment policy.
RESOLUTION TO
OCU SCHOOL OF LAW
FOR HOSTING BOARD
MEETING AND
LUNCHEON
The board voted to issue a
resolution expressing appreciation to the law school for
its hospitality.
AWARDS COMMITTEE
RECOMMENDATIONS
FOR OBA AWARDS
The board approved the
recipients submitted by the
Awards Committee to
receive 2005 OBA awards at
the Annual Meeting in
November.
E2K STATUS REPORT
Gary Rife reported for
Dean Larry Hellman that the
subcommittee has been
meeting regularly, and he
recognized committee members, including several who
drive long distances to
attend meetings. He said the
ABA sent two representatives when the project began
to brief subcommittee members, and the ABA has continued to be supportive. He
explained the subcommittee
started with the ABA model
rules and made choices
whether to keep Oklahoma
provisions. He said committee members are now creating a document of the current Oklahoma rule redlined
2249
with the proposed Oklahoma changes. It is hoped
this task will be complete by
mid-October. The document
is 114 pages of single-spaced
text. Executive Director
Williams said a public hearing will be held at the Annual Meeting immediately following the board meeting. A
closer review will begin in
January 2006. Prior to the
public hearing, the document will be made available
on the Web site and a notice
of its availability published
in the Oklahoma Bar Journal.
DISASTER RELIEF
EFFORTS FOR
HURRICANE KATRINA
Executive Director
Williams reported the Oklahoma Bar Foundation has
created a fund to assist Gulf
Coast victims. Several board
members have already sent
donations. The OBA has also
been in contact with Legal
Aid Services, which has staff
near Muskogee assisting
evacuees staying at Camp
Gruber.
THANK YOU FROM
STATE BAR OF TEXAS
Vice President Bozarth
reported the OBA received a
letter from the State Bar of
Texas expressing its appreciation to the association for
its support of the Texas bar’s
resolution on the
judiciary.
GASSAWAY JUSTICE
HOUSE UPDATE
Executive Director
Williams reported that there
are several more pledges of
funding committed to the
Justice House project, which
essentially meets the $65,000
goal to build the house for
Habitat for Humanity. He
said buses will be available
after the Annual Meeting
luncheon to take people to
the house dedication. Details
about a presentation at the
luncheon and at the dedication were described.
ANNUAL MEETING
Executive Director
Williams reported he has
talked to keynote luncheon
speaker William Sessions.
BAR CENTER VIDEO
INFORMATION SCREEN
Executive Director
Williams reported a 42-inch
plasma screen has been
donated by Oklahoma Attorneys Mutual Insurance Co.
that will hang near the front
desk of the bar center. The
screen will list meeting
information. The board
voted to issue a resolution
expressing appreciation to
Phil Fraim.
REPORT AND
RESOLUTION TO OBA
HOUSE OF DELEGATES
REGARDING CREATION
OF AN OBA PARALEGAL
DIVISION
The board tabled consideration until the next meeting.
OBA BUDGET
President-Elect Grimm
reported he will present the
proposed 2006 OBA budget
at the next meeting.
EXECUTIVE SESSION
The board voted to go into
executive session. They met
and voted to come out of
executive session.
NEXT MEETING
The board will meet at 9
a.m. on Oct. 14, 2005, at the
Oklahoma Bar Center in
Oklahoma City.
Your one-click
resource to all
the information
you need.
The official Web site of the
2250
Vol. 76 — No. 27 — 10/1/2005
BAR FOUNDATION NEWS
OBF 2005 Grant Awards
Oklahoma Attorneys Support Children’s Programs
and Prevention of Domestic Violence
Oklahoma attorneys have
taken a stand in support of
children’s programs, domestic violence prevention and
intervention, and legal aid
services across the state
through grants made by the
Oklahoma Bar Foundation
in the amount of $357,500.
Children’s programs took
center stage this year with
grants totaling $97,500 going
to seven different programs,
including the OBA Young
Lawyers Division High
School Mock Trial Program,
the OBA Law-related Education PACE Workshop for K12 teachers, Oklahoma
Lawyers for Children and
Tulsa Lawyers for Children’s
pro bono service programs,
My Own Place children’s
supervised visitation program in southern Oklahoma
and the statewide YMCA
Youth and Government
Training Program. An additional $10,000 has been
awarded to Oklahoma Indian Legal Services to go
toward work in its domestic
violence division, which
assists battered women and
children with legal service
needs.
Legal Aid Services of
Oklahoma also received an
award of $200,000 to help
upgrade its compensation
Vol. 76 — No. 27 — 10/1/2005
plans and to assist in providing legal services to lowincome and elderly Oklahomans. The $25,500 entrylevel salary for new attorneys trails other legal
salaries in Oklahoma and is
the lowest legal aid starting
salary among states surrounding Oklahoma. OBF
President Judy Hamilton
Morse said, “Legal aid services to Oklahoma’s poor and
elderly have been continuously funded by OBF since
1986 and remain a priority
for the foundation.”
The new Oklahoma Access
to Justice Commission
(OATJC) founded in June
2005 received a $50,000
grant. The OATJC, in collaboration with other legal aid
programs, hopes to bridge
the gap between people with
no access or limited access to
the legal system. Because it
has less restrictive limitations on funding than some
programs, one of the
OATJC’s goals is to provide
access to more people with a
broader range of problems.
OATJC will work to provide
assistance to various legal
aid programs that cannot
possibly serve the large
number of Oklahomans in
need of assistance. OBF
President-Elect Hal Wm.
Ellis said, “OATJC is in the
infancy phase of its operation, and OBF looks forward
to the many avenues of communication and assistance
that will open through the
work of the commission.”
This year, the foundation
will award law school scholarships totaling $29,250 to
Oklahoma students enrolled
at all three Oklahoma law
schools. The foundation
maintains the OBF
Chapman-Rogers Educational Fund and memorial
scholarship funds in the
names of W.B. Clark, Maurice H. Merrill, Phillips Allen
Porta, Thomas L.
Hieronymus and Marvin C.
Emerson.
Through the generosity
and cooperation of attorneys
throughout Oklahoma, OBF
has been able to award more
than $6 million in grant
awards since its founding. It
is the official 501(c)(3) charitable arm of the organized
bar and is the third oldest
state bar entity in the United
States.
HURRICANE KATRINA
LEGAL ASSISTANCE
FUND CHALLENGE
To help rehabilitate the
Gulf States’ legal systems,
the Oklahoma Bar Founda2251
tion, working together with
the OBA, has established the
“Hurricane Katrina Legal
Assistance Fund.” More
information about the fund
is available in this month’s
president’s message. Oklahoma City firm Crowe and
Dunlevy has issued a challenge to all Oklahoma
lawyers and law firms to
make a significant contribution to this fund. Crowe has
also pledged to match contributions made by its own
attorneys. For their generous
donations, the OBF wishes
to thank:
Crowe & Dunlevy, Oklahoma City,
Tulsa & Norman
Ashton, Wisener & Munkacsy,
Lawton
Rick Bozarth, Taloga
People wanting to assist
can send a donation to:
Hurricane Katrina Legal
Assistance Fund
c/o Oklahoma
Bar Foundation
P.O. Box 53036
Oklahoma City, OK 73152.
Lynn & Sidney G. Dunagan,
Edmond
Jerome A. Holmes, Oklahoma City
J. Gregory LaFevers, Tulsa
The Board of Judicial Compensation held its initial meeting on September 20, 2005. The
Board voted to solicit public input as to the appropriate salary for the following positions:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Chief Justice of the Supreme Court;
Associate Justices of the Supreme Court;
Presiding Judge of the Court of Criminal Appeals;
Judges of the Court of Criminal Appeals;
Presiding Judge of the Court of Civil Appeals;
Judges of the Court of Civil Appeals;
District court judges;
Associate district court judges; and
Special district court judges.
The Board will consider only those responses that are dated, signed by the person
submitting them and received by 5:00 p.m., October 28, 2005. Responses should be
submitted to the following address:
Judicial Compensation Board
c/o Administrative Office of the Courts
1915 North Stiles, Suite 305
2252
Vol. 76 — No. 27 — 10/1/2005
ACCESS TO JUSTICE
National Law Firms Find Value
in Pro Bono Work
Vanita Gupta, assistant
counsel at NAACP Legal
Defense and Educational
Fund Inc. (LDF), was the
keynote speaker at the Law
Day Luncheon sponsored by
OCU School of Law and the
Oklahoma County Bar Association. Fresh out of law school,
Ms. Gupta successfully led
the effort to overturn the
wrongful convictions of 38
African-American defendants
in Tulia, Texas. Key to Ms.
Gupta’s efforts was targeting
the national media on the
plight of the Tulia defendants
and the pro bono work of
approximately a dozen
national law firms.
“I was only one lawyer at
LDF. It did not take me long
to realize the need for both
human and financial
resources to underwrite the
investigation necessary in
Tulia,” Ms. Gupta commented. “I selected the firms that I
did because they have stellar
pro bono programs. This is
one way they stand out from
other firms.”
Ms. Gupta conceded that
without committed pro bono
efforts by the private bar, it is
hard for non-profit organizations to pursue public interest
projects.
Two of the law firms leading the way with the pro bono
efforts in the Tulia case were
Vol. 76 — No. 27 — 10/1/2005
Wilmer Cutler Pickering Hale
& Dorr and Hogan & Hartson. Ted Killory, a partner
with Wilmer Cutler, recalled
the premise on which his firm
was founded.
“Our founding partners
looked upon the law firm as a
business, but they also felt the
firm needed to give back to
the community,” Mr. Killory
said. “One of our founding
partners, Lloyd Cutler, had a
saying, ‘Do well by doing
good.’ We pride ourselves on
doing well by doing good.”
Wilmer Cutler has a fulltime pro bono coordinator
who maintains connections
with hundreds of non-profit
organizations like LDF. The
pro bono cases range from
appellate work at the
Supreme Court level to Social
Security hearings. The firm
has a target of devoting 5 percent of its total billable hours
to pro bono work, and each
year they exceed this target.
“Pro bono work gives our
young associates a chance to
get direct, hands-on trial
experience,” said Mr. Killory.
“In the Tulia case, I had five
associates working with me.
Each of those associates handled depositions and then
conducted witness examinations at the trial. Some of our
more experienced litigators
have never had the opportuThe Oklahoma Bar Journal
nity to cross-examine a witness in a crowded courtroom.
These associates got to do
that.”
When discussing his firm,
Mr. Killory noted, “Pro bono
is part of our culture. Sure,
our profits may be slightly
lower, but we are a happier
firm, a better firm and we
attract the most talented attorneys. Personally, I am a better
lawyer and I have more varied experience as a result of
my pro bono work.”
Hogan & Hartson decided
to establish a permanent pro
bono program 35 years ago.
Their program is operated by
a partner, on a rotating basis,
serving a three- to five-year
stint. The program also
includes a senior associate,
four junior associates and two
legal assistants. Basically, it is
a smaller pro bono firm inside
the larger law firm. Attorneys
at the firm, who desire to do
pro bono work, are given
financial incentives in the
form of billing credits up to
100 hours per year. The pro
bono work ranges from international business transactions
for tax exempt entities to the
smallest landlord/tenant
issue. Desmond Hogan, a
partner with Hogan & Hartson, said he feels pro bono
work adds to the culture and
uniqueness of the firm.
2253
“Our firm made the commitment to do pro bono work
and never looked back. I
guess our bottom line would
be improved, but the culture
of our firm would take a hit if
we took away the pro bono
program,” Mr. Hogan said.
Mr. Hogan said he observes
that the pro bono program
helps the firm in intangible
ways. For example, it is a
great recruiting tool.
“Law students appreciate
and differentiate between our
firm and others based on the
quality of our pro bono program,” he said.
Also, Mr. Hogan said he
personally has benefited by
pursuing pro bono work.
“I cannot imagine a higher
pinnacle or a greater victory
in my legal career than when
the shackles were taken off
the Tulia defendants and they
were free,” he said. “It is a
rare experience when a law
firm can do extraordinary
good. The Tulia case
improved the morale of my
entire firm.”
Oklahoma firms have discovered that pro bono policies
and pro bono programs,
much like Wilmer Cutler
Pickering Hale & Dorr’s and
Hogan & Hartson’s, are necessary for stability, growth
and marketability of their
firms. Watch for the article
next month as we explore
how Oklahoma firms are utilizing pro bono programs in
their firms. If you would like
to share your firm’s plan for
pro bono service, submissions
should be forwarded to:
[email protected] or Pro
Bono Services Subcommittee,
c/o Heidi J. Long, 204 N.
Robinson, Suite 1550, Oklahoma City, OK 73102.
The Edmond Sun, can be your source for
legal publishing in Oklahoma County.
We offer fast, accurate, dependable service
and competitive pricing. Affidavits will be
issued to each lawyer as well as the copy(s) we
file with the courthouse or Corporation
Commission.
• E-mail documents preferred.
• We accept: pdf, tiff, JPEG, Word,
WordPerfect, Rich Text, Adobe, or
copy and paste documents.
• Published Sunday through Friday.
Call or email for more information.
Patricia Wheat
E-mail: [email protected]
405.341.2121 Ext. 203 • Fax 405.340.7363
123 South Broadway • PO Box 2470
Edmond, Oklahoma 73083
2254
Vol. 76 — No. 27 — 10/1/2005
YOUNG LAWYERS DIVISION
YLD WELCOMES NEW
ATTORNEYS
ery at 1 N. Oklahoma Ave. in
downtown Oklahoma City.
The OBA recently swore in
300 new bar members, and
the YLD was on hand to welcome them to the association.
The swearing-in took place at
St. Luke’s United Methodist
Church on Tuesday,
Sept. 27. YLD Chair
Luke Gaither was one
of a few bar members
who had the privilege
to speak at the ceremony. Chair Gaither
spoke about the benefits of becoming
involved in the YLD
and the OBA.
In addition to the new
admittees, ALL lawyers,
young and seasoned, are
invited to attend these events.
These receptions are informal,
come-and-go gatherings.
Food and beverages will be
provided, as well as
information on the YLD and
its new committees and
leadership opportunities for
next year. Please contact
New Attorney Reception
Co-Chairs Sara Barry in Tulsa
([email protected]) or
Debra Charles in Oklahoma
City ([email protected])
if you have any questions
regarding these events.
YLD BOARD LENDS A
HAND AT THE JUSTICE
HOUSE
In place of their traditional
monthly board meeting, the
YLD Board of Directors volunteered a day of service at
Following the offithe OBA Justice House, which
cial ceremony, the YLD
Roy Tucker, Chris Camp and Kimberly
the OBA is building in partsponsored a reception
Warren take a break while volunteering at
nership with Central Oklain which YLD memthe Justice House.
homa Habitat for Humanity.
bers answered
Board members installed
questions from
and painted siding,
the new admittees about the
Luke Gaither installed trusses, decked the
roof, nailed down the supYLD and its comand Randy
port boards and cross bracmittees. The diviGrau install
ing for the roof, in addition
sion provided
the cross
to other projects. Among
punch and cookbracing in
the board members particiies along with
the roof of
pating were Nathan Johninformation on
the Justice
son, Randy Grau, Rick
the two statewide
House.
Rose, Shanda Cusick
receptions honorMcKenney, Mark Antiing the new bar
noro, Luke Gaither,
members in
Chris Camp, Kimberly
October.
Warren and Keri
The first of these receptions
Williams.
is being held on Thursday,
Board member
Oct. 6 at McNellie’s Pub
Randy Grau noted,
House from 5:30-7:30 p.m. at
“Attorneys are dedi409 E. 1st St. in downtown
cated to serving our
Tulsa. The second new attorclients and working to
ney reception will be held on
achieve a positive
Thursday, Oct. 13 from 5:30result. This project
7:30 p.m. in the Landrun
allows us the opportuRoom at the Bricktown BrewKeri Williams helps nail in the siding.
Vol. 76 — No. 27 — 10/1/2005
2255
nity to serve in an even
greater capacity by reaching
out to a family in the community that needs a helping
hand. It is rewarding to get
out from behind our desks
and out of the courtroom and
show how much we care
about enriching the lives of
fellow Oklahomans.”
Board member Mark Antinoro explained, “As lawyers,
we often do not have the
opportunity to actually build
or create something tangible.
This experience allowed us to
do that, and that was tremen-
dously rewarding. It was very
gratifying, knowing that
through our efforts, a needy
family is going to have their
own piece of the American
Dream.”
YOUNG LAWYERS
ENCOURAGED TO
ATTEND ANNUAL
MEETING
All young lawyers are
encouraged to attend the
OBA Annual Meeting this
year in Oklahoma City on
Nov. 2-4. There are wonderful CLE and programming
opportunities available to
YLD members, as well as
great networking opportunities (including the infamous
YLD suite). As in the past
few years, the YLD will host
its annual Viva Las Vegas
Night with craps, roulette,
blackjack, prizes and more.
We will also have our
YLD Annual Meeting in
conjunction with the
conference. Please register
now at www.okbar.org or via
the registration form in your
bar journal.
District Judge
Twenty-fifth Judicial District, Office 1
Atoka and Coal Counties
This vacancy is due to the appointment of the Honorable Doug Gabbard to the Court
of Civil Appeals on September 12, 2005.
To be appointed to the office of District Judge, one must be a registered voter of the
respective judicial district at the time (s)he takes the oath of office and assumes the
duties of office. Additionally, prior to appointment, such appointees shall have had a
minimum of four years experience as a licensed practicing attorney, or as a judge of a
court of record, or both, within the State of Oklahoma.
of the Courts, 1915 North Stiles, Suite 305, Oklahoma City, Oklahoma 73105, (405) 5212450, and should be submitted to the Chairman of the Commission at the same address
no later than 5:00 p.m., Friday, October 28, 2005. If applications are mailed, they
must be postmarked by midnight, October 28, 2005.
2256
Vol. 76 — No. 27 — 10/1/2005
District Judge
Fifth Judicial District, Office 5
Comanche County
This vacancy is due to the appointment of the Honorable David B. Lewis to the Oklahoma Court of Criminal Appeals, effective August 17, 2005.
[To be appointed to the office of District Judge, one must be a registered voter of the
court of record, or both, within the State of Oklahoma.]
Application forms can be obtained by contacting Tammy Reaves, Administrative
Office of the Courts, 1915 North Stiles, Suite 305, Oklahoma City, Oklahoma 73105,
(405) 521-2450, and should be submitted to the Chairman of the Commission at the same
address no later than 5:00 p.m., Friday, October 7, 2005. If applications are
mailed, they must be postmarked by midnight, October 7, 2005.
District Judge
Twelfth Judicial District, Office 3
Craig, Mayes and Rogers Counties
This position was created by Senate Bill 189 approved by Governor Brad Henry on June
6, 2005. The position is effective January 1, 2006.
[To be appointed to the office of District Judge, one must be a registered voter of the
court of record, or both, within the State of Oklahoma.]
of the Courts, 1915 North Stiles, Suite 305, Oklahoma City, Oklahoma 73105, (405) 5212450, and should be submitted to the Chairman of the Commission at the same address
no later than 5:00 p.m., Friday, October 7, 2005. If applications are mailed, they
must be postmarked by midnight, October 7, 2005.
Vol. 76 — No. 27 — 10/1/2005
2257
calendar
OBA Board of Governors Meeting; 9 a.m.; Oklahoma
Bar Center, Oklahoma City; Contact: John Morris
Williams (405) 416-7000
OBA Family Law Section Meeting; 3 p.m.; Oklahoma
Bar Center, Oklahoma City and OSU Tulsa; Contact:
Keith Jones (918) 747-4600
17
18
19
OCTOBER
4
5
6
Death Oral Argument; Richard Norman Rojem Jr.
v. State; 1:30 p.m.; Court of Criminal Appeals
Courtroom
20
OBA/CLE; “The 25 Credibility Arguments;”
(405) 416-7006
OBA/CLE; “Attacking the Expert’s Opinion;”
(405) 416-7006
11
21
27
14
2258
OBA/CLE; “Indian Law for the Oklahoma
Practitioner;” Oklahoma Bar Center, Oklahoma City;
Contact: (405) 416-7006
OBA Law-related Education Committee Meeting;
4 p.m.; Oklahoma Bar Center, Oklahoma City;
Contact: Chip Clark (405) 232-4271
Hudson-Hall-Wheaton Chapter of American Inns of
Court Meeting; 5:30 p.m.; Gilcrease Museum,
Tulsa; Contact: Leigh Reaves at Leigh_Reaves
@oknd.uscourts.gov or visit
www.hudsonhallwheaton.com
OBA/CLE; “The New Workers’ Compensation Law;”
(405) 416-7006
OBA/CLE; “The Fundamentals of Asset Protection;”
Crowne Plaza Hotel, Tulsa; Contact: (405) 416-7006
OBA/CLE; “The Fundamentals of Asset Protection;”
Oklahoma Bar Center, Oklahoma City; Contact: (405)
416-7006
OBA/CLE; “Perfecting the Attorney Client
Relationship: Communication and Contracts;”
Crowne Plaza Hotel, Tulsa; Contact: (405) 416-7006
OBA/CLE; “The Fall Lunch Bunch: An Edmond
Experience;” Sellers Event Center, Edmond;
Contact: (405) 416-7006
OBA Work, Life Balance Task Force Meeting;
12 p.m.; Oklahoma Bar Center, Oklahoma City and
Tulsa County Bar Center, Tulsa; Contact: Melody
Jester (405) 231-5484
13
OBA Bench and Bar Committee Meeting; 1 p.m.;
Oklahoma Bar Center, Oklahoma City and Tulsa
County Bar Center, Tulsa; Contact: Jack Brown
(918) 581-8211
E2K Subcommittee Rules of Professional Conduct
Meeting; 1:30 p.m.; Oklahoma Bar Center, Oklahoma
City and Tulsa County Bar Center, Tulsa; Contact:
Lawrence Hellman (405) 521-5440 or Gary Rife
(405) 235-3800
Robert J. Turner Inn of Court; 5 p.m.; Oklahoma
Bar Center, Oklahoma City; Contact: Hank Meyer
(405) 272-0200
12
OBA Appellate Practice Section Meeting; 12 p.m.;
Oklahoma Bar Center, Oklahoma City and OSU Tulsa;
Contact: Barbara Kinney (405) 522-1165
OBA Law Day Committee Meeting; 11:30 a.m.;
Oklahoma Bar Center, Oklahoma City; Contact: Scott
Pappas (405) 707-0077 or Lee Shilling
(405) 527-0332
OBA Communications Committee Meeting; 9 a.m.;
County Bar Center, Tulsa; Contact: Doug Dodd
(918) 591-5316
Death Oral Argument; Alfred Brian Mitchell v.
State; 10 a.m.; Homsey Courtroom, OCU School
of Law
Death Oral Argument; James Allen Coddington v.
State; 10 a.m.; Court of Criminal Appeals Courtroom
Oklahoma Access to Justice Commission Meeting;
2 p.m.; Oklahoma Bar Center, Oklahoma City;
Contact: Judge Gary Lumpkin (405) 521-4956
OBA Diversity Committee Meeting; 3 p.m.;
County Bar Center, Tulsa; Contact: Joseph
McCormick IV (405) 844-6874
7
OBA Alternative Dispute Resolution Section
Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma
City and Tulsa County Bar Center, Tulsa; Contact:
Daniel Woska (405) 235-1401
28
OBA/CLE; “Perfecting the Attorney Client Relationship: Communication and Contracts;” Oklahoma Bar
Vol. 76 — No. 27 — 10/1/2005
NOVEMBER
16
2-4 OBA 101st Annual Meeting;
Sheraton Hotel, One North
Broadway, Oklahoma City
9
OBA/CLE; “Practice Plus:
Reclaiming Time, Managing
Money, Shepherding Clients,
Defining Your Purpose;” Oklahoma Bar Center, Oklahoma
City; Contact: (405) 416-7006
OBA Work, Life Balance Task
Force Meeting; 12 p.m.;
Oklahoma Bar Center,
Oklahoma City and Tulsa
County Bar Center, Tulsa;
Contact: Melody Jester
(405) 231-5484
17
11
15
18
Death Oral Argument;
Michael Allen Browning v.
State; 10 a.m.; Court of
Criminal Appeals Courtroom
Hudson-Hall-Wheaton Chapter of American Inns of Court;
5:30 p.m.; Fed. Bldg., 333 W.
4th St., Tulsa; Contact: Leigh
Reaves at Leigh_Reaves
@oknd.uscourts.gov or visit
www.hudsonhallwheaton.com
OBA/CLE; “Doing LLC Deals
and Restructuring Business
Entities;” Crowne Plaza Hotel,
Tulsa; Contact: (405) 416-7006
E2K Subcommittee Rules
of Professional Conduct
Meeting; 1:30 p.m.; Oklahoma
Bar Center, Oklahoma City and
Tulsa County Bar Center, Tulsa;
Contact: Lawrence Hellman
(405) 521-5440 or Gary Rife
(405) 235-3800
OBA/CLE; “Practice Plus:
Reclaiming Time, Managing
Money, Shepherding Clients,
Defining Your Purpose;”
Crowne Plaza Hotel, Tulsa;
Contact: (405) 416-7006
Veteran’s Day (State Holiday)
OBA/CLE; “LLC Law, Tax and
Formation Practice — an
Intensive Introduction;”
Crowne Plaza Hotel, Tulsa;
Contact: (405) 416-7006
Oklahoma Access to Justice
Commission Meeting; 2 p.m.;
Oklahoma Bar Center, Oklahoma City; Contact: Judge
Gary Lumpkin (405) 521-4956
Ginsburg Inn of Court; 5 p.m.;
Oklahoma City; Contact: Julie
Bates (405) 691-5080
10
OBA/CLE; “The Fall Lunch
Bunch: An Edmond
Experience;” Sellers Event
Center, Edmond; Contact:
(405) 416-7006
24-25 Thanksgiving Holiday
(State Holiday)
29
30
OBA/CLE; “Advanced Estate
Planning;” National Cowboy
& Western Heritage Museum,
Oklahoma City; Contact:
(405) 416-7006
OBA/CLE; “Clarence Darrow:
Crimes, Causes and the
Courtroom;” Crowne Plaza
Hotel, Tulsa; Contact:
(405) 416-7006
OBA Clients’ Security Fund
Committee Meeting; 2 p.m.;
Oklahoma City and Tulsa
County Bar Center, Tulsa;
Contact: Daniel Sprouse
(405) 238-3361
Death Oral Argument; Wesley
Dione Jones v. State; 10 a.m.;
Court of Criminal Appeals
Courtroom
For December events go to www.okbar.org
This master calendar of events has been prepared by the Office of the Chief Justice in cooperation with the
Oklahoma Bar Association to advise the judiciary and the bar of events of special importance. The calendar
is readily accessible at www.oscn.net or www.okbar.org.
Vol. 76 — No. 27 — 10/1/2005
2259
LEGAL AID
SERVICES OF
OKLAHOMA, INC.
Legal Aid Services of Oklahoma,
Inc. is hiring a Staff Attorney for its
Hugo Law Office. The office
provides civil legal services for
low-income and elderly people in a
multi-county area of southeastern
Oklahoma. Salary $30,000 and up
DOE plus generous fringe benefits.
Application forms are available at
www.legalaidok.org or LASO
Operations, 2901 N. Classen, Suite
110, Oklahoma City, OK 73106, FAX
405/524-1257. Send applications,
resume, and writing sample to the
above address. Applications will be
accepted until October 17, 2005 and
thereafter until filled. EOE
Listen
Up!
Want a FREE
listing
on the OBA’s
lawyer
listing service
?
Go to
www.okbar.org
and
log into your
myokbar acco
u
Then click on nt.
th
“Find a Lawye e
r”
link.
2260
LEGAL AID
SERVICES OF
OKLAHOMA, INC.
Inc. is hiring a Staff Attorney for its
Clinton Law Office. The office
provides civil legal services for
low-income and elderly people in a
multi-county area of northwestern
Oklahoma. Salary $30,000 and up
DOE plus generous fringe benefits.
Application forms are available at
LEGAL AID
SERVICES OF
OKLAHOMA, INC.
Inc. is hiring a Managing Attorney
for its Bartlesville Law Office.
A minimum of five years of
relevant legal experience is
required. The office provides civil
legal services for low-income and
elderly people in a multi-county
area of northeastern Oklahoma.
Salary $38,750 and up DOE plus
generous fringe benefits. Application forms are available at
Vol. 76 — No. 27 — 10/1/2005
FOR YOUR INFORMATION
Photo Courtesy Stu Ostler, Legislative Services Bureau
Judge Lewis Takes Oath
Judge David B. Lewis (right) was formally
sworn in to the Oklahoma Court of Criminal
Appeals for the 5th Judicial District Sept. 28.
Judge Lewis becomes the first African
American to serve on the court, the highest
court in Oklahoma with appellate jurisdiction in criminal cases. Oklahoma Supreme
Court Justice Tom Colbert, the first AfricanAmerican to serve on an Oklahoma
Appellate Court, administered the oath.
Trial Lawyers Seek Award Applicants
The American College of Trial Lawyers is
soliciting applications for its 2006 Emil
Gumpert Award of $50,000, to be awarded to
an organization with innovative programs
serving important needs and advancing the
administration of justice. Application information is available at www.actl.com.
Vol. 76 — No. 27 — 10/1/2005
Dave Stockwell of Norman (left) and
Judge Stephen Bonner display a Toby
Keith-autographed guitar auctioned off
at the recent Cleveland County Bar
Association Barrister’s Bowl.
Cleveland County Bar
Association ‘Moves to Strike’
in Bowling Tourney
The Cleveland County Bar Association
raised $12,000 for youth programs with
the inaugural “Barrister’s Bowl,” a
bowling tournament held in September.
Twenty-two four-member teams participated in the tournament, held to raise
funds for CASA and Norman Youth
Foundation, an organization that distributes funds to local youth causes.
Participants were awarded prizes for
best costumes, which varied from custom-tailored bowling shirts to prison
garb. Items auctioned off to raise funds
included a Toby Keith-autographed
guitar along with several footballs
signed by OU coaches, players and
Heisman Trophy winners.
2261
OBA to Assist with
Hurricane Katrina Relief
Photo Courtesy Stu Ostler, Legislative Services Bureau
Judge Bell Sworn In
OBA Management Assistance Program
Director Jim Calloway has been tapped
to join a group of five nationally
recognized law office management and
technology experts in an effort to help
Louisiana and Mississippi lawyers
affected by the recent hurricanes. Mr.
Calloway will advise the lawyers on
the topic of “Technology Triage”
during seminars in Lafayette, La., and
Gulfport, Miss., on Oct. 7 and 8.
New Oklahoma Court of Civil Appeals Judge
Robert Bell (center) receives congratulations
from his father, Bob Bell, and Gov. Brad Henry.
Judge Bell was sworn in during a ceremony
Sept. 9. Prior to serving on the court, Bell was
an attorney with the Bell Law Firm in Norman.
He received his B.S. from the OU and his J.D.
from the TU College of Law.
Mr. Calloway said, “Just imagine that
your entire office has been totally
obliterated. Many of these lawyers
were properly backing up their files by
taking them home, but now they have
lost their homes too. How do you
rebuild your practice and make sure
your clients are safe? That’s what these
lawyers are facing.”
Judge Gabbard named
to Court of Civil Appeals
Lawyers attending the seminar are
being offered free CLE and, in addition
to the experts’ panel, will also hear
from other lawyers who have been
personally affected by similar tragedy,
such as the 9/11 attacks and
devastating natural disasters.
Judge Doug Gabbard
Gov. Brad Henry has
announced the appointment
of Judge Doug Gabbard to the
Oklahoma Court of Civil
Appeals. Judge Gabbard will
fill the district three, office one
position previously held by
Judge Joe. C. Taylor, who
recently announced his
retirement.
“Judge Gabbard has compiled
a distinguished record of public service on both
sides of the bench as a judge and a prosecutor,”
Gov. Henry said. “He will bring a perfect blend
of experience to the appeals court. I have great
confidence in his abilities and appreciate his
willingness to serve.”
OBA President Mike Evans said,
“Many Oklahoma lawyers have called
me asking how they can aid the
victims of these hurricanes, and the
OBA has identified this as a great way
to help. Sending Mr. Calloway to share
his expertise is a very important way
we can offer assistance to lawyers in
need in other states.”
Judge Gabbard has served as a district judge in
Atoka County since 1985. He previously served
as an assistant district attorney in southeastern
Oklahoma and a municipal judge in the city of
Atoka. He holds both a law degree and a bachelor’s degree from OU.
2262
Vol. 76 — No. 27 — 10/1/2005
OBA Member
Reinstatements
The following members of the
OBA suspended for noncompliance with the Rules for Mandatory Continuing Legal Education have complied with the
requirements for
reinstatement, and notice is
hereby given of such reinstatement:
From The Courts
10th Circuit
True electronic filing will soon become a reality with the
circuit court. Since Dec. 1, 2004, the U.S. Tenth Circuit
Court of Appeals has required that motions, briefs and
petitions filed with that court be submitted electronically in addition to the usual hardcopy filing. At the same
time, the court is developing a new docketing system
that will permit true electronic filing, eliminating the
need for filing paper documents.
Although a Case Management/Electronic Case File
system is widely available and is growing in popularity
with federal district courts, an electronic filing system
for the federal circuit courts of appeal and the bankruptcy appellate panels is still in the development
process. When a clearer picture emerges on an implementation date, the circuit court will begin a large-scale
education and training effort.
An article summarizing the federal appellate court’s
current electronic submission requirements and previewing the changes appellate practitioners can soon
expect is available on the OBA Web site at
www.okbar.org.
Western District of Oklahoma
The Western District of Oklahoma has created an e-mail
address to receive comments and suggestions regarding
its local rules. The court invites any interested person to
send written comment before Nov. 1 by e-mail to
[email protected], or by U.S. Mail to
Court Clerk, Attention: Local Rules, Room 1210, 200
N.W. 4th St., Oklahoma City, 73102. Suggestions for
future revisions may be submitted at any time.
The local rules and a summary of the recent
amendments are available on the court’s Web site at
www.okwd.uscourts.gov and at the court clerk’s office.
Vol. 76 — No. 27 — 10/1/2005
Andrew Rostyslav Chubaty
OBA No. 1681
950 Herrington Road
Suite C-122
Lawrenceville, GA 30044
British Judge to Speak
OCU School of Law and the
Ruth Bader Ginsburg and
William J. Holloway Jr. American Inns of Court are preparing
for a visit from the Right Honorable Lord Justice Scott Baker of
England. The public is invited
to hear Lord Baker share insight
into the English legal system at
5 p.m. on Monday, Oct. 24 at
OCU’s Homsey Family Moot
Courtroom at the Sarkey’s Law
Center.
Lord Baker is the 436th immediate past treasurer of the Middle
Temple Inn, the English equivalent to the Ginsburg and
Holloway Inns of Court. Past
members of the Middle Temple
Inn include Sir Francis Drake,
Sir Walter Raleigh and Charles
Dickens. Lord Baker is also a
member of the House of Lords
and a judge on the United
Kingdom’s High Court (equivalent to the United States Courts
of Appeals). More information
is available by contacting Jackie
Weekley at (405) 208-5197 or
[email protected].
2263
BENCH & BAR BRIEFS
ter on Saturday, Oct. 29 at the
Petroleum Club of Oklahoma
City.
O
O
klahoma City lawyer
Jeff Curran was recently
named chair-elect of the
ABA’s Tort and Insurance
Practice Section Automobile
Law Committee. He is also
the co-editor of the committee’s newsletter.
T
he 2005 edition of
Oklahoma City lawyer
David W. Lee’s “Handbook
of Section 1983 Litigation”
was recently published in its
fifth edition. The book, published by Aspen Law and
Business Publishing of New
York, will soon be offered as
part of the CCH/Aspen labor
and employment law
electronic library.
O
klahoma City attorney
William H. Hoch has
been appointed to serve a
three-year term on the ABA’s
Standing Committee on Governmental Affairs. The committee assists the ABA’s Governmental Affairs Office in
implementing the association’s legislative program and
will also assist with coordinating the annual “ABA Day in
Washington.”
klahoma City lawyer
Jimmy Goodman was
inducted as the Oklahoma
State Delegate to the ABA
House of Delegates at its
August 2005 Annual Meeting
in Chicago. During his threeyear term, he will lead Oklahoma’s delegation in the ABA
House of Delegates.
B
oone, Smith, Davis, Hurst
& Dickman announces
that Angela M. Paulsen has
been appointed to chair the
firm’s Labor and Employment
Law Section. Ms. Paulsen
joined the firm in 2000 and is
a 1994 graduate of the TU
College of Law.
O
Jerome A. Holmes has
been appointed to a threeyear term on the ABA’s Commission on Homelessness and
Poverty. The commission
develops and promotes public
policies that benefit the homeless and poor, and educates
lawyers about those problems
and the ways legal training
can be used to help remedy
them.
O
Thomas G. Wolfe has
been named chair of the Oklahoma Association of Defense
Counsel Trial Practice Section.
S
upreme Court Justice Tom
Colbert will be honored by
the Black Liberated Arts Cen-
2264
E
lias, Books, Brown & Nelson PC announces that
Amy Elizabeth Wellington
has joined the firm as its
newest associate. Her current
practice is focused on ad valorem taxation and business litigation. Ms. Wellington is a
graduate of Stanford University. She received her J.D.
from OU College of Law in
2005 where she graduated
with honors.
T
ulsa law firm, Jones,
Gotcher & Bogan PC
announces Ronald D. Wood
has been named of counsel
and Tamera A. Childers
recently became an associate.
Mr. Wood began practicing
law over 30 years ago and
joined the firm this year after
beginning his own practice in
1988. He is a graduate of TU
College of Law. Ms. Childers
practices domestic law as well
as and civil and criminal litigation. She holds a bachelor’s
degree from OSU and is a
2003 graduate of the TU
College of Law.
C
rowe & Dunlevy
announces new associates
have joined the firm.
Jonathan D. Echols, John W.
Garrett and Daniel P. Johnson will join the firm’s Oklahoma City office, and Jeran E.
Steuart will join its Tulsa
office.
Mr. Echols recently received
his J.D. summa cum laude
from OCU School of Law. He
earned a bachelor’s degree in
political science from OU in
2002. He will focus his practice on general litigation with
a special emphasis in the
healthcare industry.
Mr. Garrett is a recent
graduate of New York University School of Law where
Vol. 76 — No. 27 — 10/1/2005
he received his LL.M. in taxation. He attended OCU
School of Law and received
his J.D. magna cum laude in
2004. He received a B.B.A. in
finance from Southern
Methodist University in
2000. He is a member of the
firm’s business section and
will focus his practice on
taxation.
Mr. Johnson received his
J.D. with honors from the OU
College of Law. He earned his
undergraduate degree in
political science from UCO in
2002. His practice will focus
on business and commercial
litigation.
Mr. Steuart recently
received his J.D. from OU. He
earned his undergraduate
degree in public affairs and
administration from OU in
2002. He will focus his practice on commercial litigation.
H
eron, Sweet & Fox PC
announces that Kevin K.
Trout has joined the firm as
partner and shareholder. Mr.
Trout received his law degree
from OU in 1994. He received
his undergraduate degree
from OU in 1991. Mr. Trout
will continue his practice of
medical malpractice defense
and insurance defense. The
firm will now be known as
Heron, Sweet, Fox & Trout
PC.
B
. Michael Shanbour has
joined Lawyers Title and
American Eagle Title Insurance companies both as vice
president and as senior examining attorney. Mr. Shanbour’s responsibilities will
include not only legal support
for the various Lawyers Title
offices, but also the issuance
of surface title commitments
for the company’s residential
clients.
Vol. 76 — No. 27 — 10/1/2005
P
ignato & Cooper PC
announces that Jenny E.
McElroy has accepted a position as an associate attorney
with the firm. She is a 2004
graduate of OU College of
Law and will concentrate her
practice in the areas of general insurance defense, personal
injury and employment law.
O
BA member Frank
Molenda has accepted a
position as administrative law
judge for the Social Security
Administration in its Cincinnati office. He previously
served as resident officer with
the National Labor Relations
Board in Tulsa. National
Labor Relations Board field
attorney Charles “Chuck”
Hoskin Jr. recently accepted a
promotion to the resident officer position left vacant by Mr.
Molenda.
F
ellers Snider announces
Tracy A. Poole, formerly a
shareholder and director, has
become counsel to the firm
and has accepted a position as
Energy Fund general counsel
with Ritchie Capital Management LLC of Geneva, Ill. Mr.
Poole will maintain offices in
both Tulsa and Illinois.
M
cAfee & Taft has named
Mark D. Folger and
Joshua D. Smith as its newest
associates. Mr. Folger graduated magna cum laude from
OCU School of Law in 2005
and will practice in the area of
general business litigation. He
also holds a bachelor’s degree
in economics from DePauw
University. Mr. Smith graduated with highest honors from
OU College of Law in 2005
and practices in the areas of
corporate and securities law
and commercial transactions.
He earned a bachelor’s degree
in psychology from OU in
2002.
T
he Oklahoma City law
firm of Ryan, Whaley &
Coldiron PC announces that
Paula M. Buchwald and Seth
D. Coldiron have joined the
firm as associates. Ms. Buchwald attended OU where she
earned a B.A. in philosophy.
She received a master’s
degree in classics from St.
John’s College in Santa Fe,
N.M. She received her J.D.
from Cornell School of Law.
Ms. Buchwald is admitted to
practice in Oklahoma and
New Mexico. She will focus
on environmental and natural
resource issues. Mr. Coldiron
graduated from OSU with a
degree in broadcast journalism. He earned a J.D. from
OCU School of Law. Mr.
Coldiron was formerly assistant general counsel at the
Oklahoma Department of
Insurance and will focus his
practice on litigation.
O
klahoma City lawyers
Denis P. Rischard and
Stephanie L. Phipps
announce John R. Morris will
leave the practice of law to
enter full-time ministry at St.
John the Baptist Catholic
Church in Edmond. Mr.
Rischard and Ms. Phipps will
continue their civil trial practice as Rischard & Phipps PC.
E
ric Lair announces the
opening of his law firm,
Eric G. Lair PLLC. He will
continue to focus his practice
in the area of complex civil litigation. Mr. Lair also serves
as general counsel to the
Oklahoma Transportation
Authority. The firm’s location
is 320 S. Boston Ave., Suite
1130, Tulsa, 74103, the phone
number is (918) 592-2220 and
Mr. Lair may be reached by email at [email protected].
2265
W
ellpoint Inc. announces
that A. Brooke
Timmons joined the company
in its Washington, D.C., office
as the senior health policy
manager for the East Coast.
She will work with regional
lobbyists to coordinate and
guide the development of corporate public policy positions.
Ms. Timmons is a 1998 graduate of TU Law School and
may be reached by phone
at (202) 628-7840 or by
e-mail at brooke.timmons
@wellpoint.com.
M
ark D. Brown and
Margo M. Brown of the
Oklahoma City-based firm
Brown & Brown PC announce
a recent change in location of
their practice. The firm’s new
address is 6303 N. Portland,
Suite 300, Oklahoma City,
73112. Mr. and Ms. Brown
have practiced together since
1999 in a varied defense
practice. They also teach
classes at UCO.
K
hristan K. Strubhar
announces the establishment of her law practice in
the areas of family law, bankruptcy, criminal law and
immigration. Ms. Strubhar’s
office is located at 403 W. Vandament, Yukon, 73099. She
may be reached by telephone
at (405) 354-0900 or e-mail at
[email protected].
K
eith F. Givens announces
the formation of his new
law firm, Keith F. Givens
PLLC, located at First National Center West, 120 N. Robinson Ave., Suite 1400, Oklahoma City 73102. Mr. Givens
most recently served as of
counsel with McKinney &
Stringer in Oklahoma City.
Mr. Givens will continue his
representation of individual
and corporate plaintiffs and
defendants in diverse person-
2266
al injury, insurance and commercial cases in state and federal courts throughout Oklahoma. He will also continue
to provide mediation, arbitration and other ADR services.
He may be reached at (405)
272-9237 or givenslawoffice
@sbcglobal.net.
V
ernon D. Hyde & Associates PLLC announces the
relocation of its offices to 4401
N. Classen Boulevard, Suite
200, Oklahoma City 73118.
M. Brooke Holman, a 2000
graduate of OU College of
Law has joined the firm as an
associate. The firm will
continue its practice in the
areas of estate planning,
trusts, estates, asset protection
and business entities.
O
klahoma City lawyer
Garvin Isaacs, faculty
member of the Western Trial
Advocacy Institute, lectured
and taught at the institute’s
recent seminar held at the
University of Wyoming
School of Law.
T
. Douglas Stump recently
served as a feature speaker at the University of Texas’
29th Annual Conference on
Immigration Law. Mr. Stump
presented materials on
employment-based immigration law and immigration
strategies for businesses in
times of visa shortages.
N
orman attorney Katherine E. Vittitow presented
two workshops at the National Child Support Enforcement
Association Annual Training
Conference in Cincinnati. The
sessions shared information
about the Oklahoma DHS initiative to improve child support services and processes in
child welfare cases.
R
obert Don Gifford, an
assistant U.S. attorney for
the District of Nevada, spoke
on federal firearm prosecutions at the annual meeting of
the Nevada District Attorney’s Association in September. Additionally in September, Mr. Gifford, in his capacity as a Reserve Army judge
advocate, served as adjunct
faculty teaching trial advocacy at the Criminal Law
Advocacy Course at the
Judge Advocate General’s
Learning Center and School
in Charlottesville, Va.
How to place an announcement: If you are an OBA
member and you’ve moved,
become a partner, hired an
associate, taken on a partner,
received a promotion or an
award or given a talk or
speech with statewide or
national stature, we’d like to
hear from you. Information
selected for publication is
printed at no cost, subject to
editing and printed as space
permits. Submit news items
(e-mail preferred) in writing
to:
Lori Rasmussen
Public Information Dept.
P.O. Box 53036
(405) 416-7018
Fax: (405) 416-7001 or
Articles for the Nov. 19 issue
must be received by Oct. 31,
2005.
Vol. 76 — No. 27 — 10/1/2005
IN MEMORIAM
J
ohn Francis Bates of Claremore died Aug. 13. He
was born April 21, 1950, in
Chicago, Ill. He received his
bachelor of science and master’s degrees in history at
Southern Illinois University at
Carbondale. He attended OCU
School of Law. His practice
area was workers’ compensation, and he worked as an
attorney at the law offices of
David Garrett. He was an
American Trial Lawyers Association member. He was also
active in Boy Scouts Claremore
Troop 88, Rogers County Railroad Club and the restoration
of British sports cars. Memorials may be sent to the Bates
Children Education Fund at
the First Bank of Oklahoma.
J
ack Raymond Durland of
Oklahoma City died Sept.
17. He was born Sept. 21,
1916, in Taylor, Texas. He graduated from Central High
School in Oklahoma City. He
received a bachelor of law at
OU in 1941. He worked as an
FBI agent, practiced law with
Crowe and Dunlevy and from
1952 to 1982, he worked as an
assistant to the president of
Cain’s Coffee Co. After retirement, he purchased the Gallery
in Nichols Hills. Mr. Durland
sat on numerous boards
including the National Coffee
Association, the Metropolitan
YMCA and Mercy Hospital.
He was founder of the Mummers Theater in Oklahoma
City and served as president of
the Downtown Lion’s Club
and Young Men’s Dinner Club.
Vol. 76 — No. 27 — 10/1/2005
N
eal W. Harris of Norman
died July 17. He was born
July 30, 1918, in Newport
News, Va. He graduated from
Norman High School in 1936.
He then joined the 45th
National Guard Division. In
1940 he was commissioned a
second lieutenant in ROTC
and called to duty. He served
in North Africa, Italy, Sicily
and Korea during World War
II. Mr. Harris received his
bachelor of arts degree in history in 1947 and completed his
LL.B. in 1950, both at OU. He
served as administrative assistant under governors David
Boren and George Nigh. He
then opened his own corporate
law office. He was a member
of Delta Phi Legal Fraternity,
International Order of Odd
Fellows, American Legion and
the Masonic lodge. He served
as president of the Cleveland
County Historical Society,
Cleveland County Retired
Officers Association and the
Community Medical
Laboratory board.
C
hickasha attorney Robert
B. Park died Sept. 9. He
was born Nov. 21, 1924, in
Hayward and graduated from
Hunter High School. During
World War II, he served in the
Navy on a subchaser in the
Pacific. After the war, he
joined the Army Reserves and
retired as a JAG officer with
the rank of lieutenant colonel.
He completed his bachelor of
laws degree in 1949 at OU. He
moved to Chickasha and
joined the firm of Bailey and
Hammerly, staying with the
partnership for 50 years. He
served on the OBA Board of
Governors from 1968 – 1970
and served as OBA vice president in 1974. He was a life fellow of the OBF. He was a volunteer for Mobile Meals and
was a 32nd degree Mason, a
life member of the American
Business Club, served on the
Sooner Girl Scout Council and
was a regent of the Oklahoma
College for Women (now
USAO).
D
ebbie Moorman White of
Oklahoma City died June
13. She was born on Jan. 8,
1951, in Muskogee and was a
1994 graduate of OCU School
of Law. She worked in private
practice for part of her legal
career. She later practiced with
the Oklahoma Workers’ Compensation Court until her
retirement last year. Her hobbies included gardening, and
she was active in St. Paul’s
Cathedral Parish in Oklahoma
City.
R
alph Richard Williamson
Jr. of Oklahoma City died
Aug. 19. He was born March
23, 1925. He was a graduate of
Classen High School. He
received his bachelor’s degree
and J.D. at OCU. During
World War II, he served in
New Guinea and the
Philippines. He was appointed by Gov. Bellmon to head the
School Land Commission. He
was recognized as a silver
medalist from the Worlds Fair
in New York for a painting he
completed. During retirement,
he became a fine arts appraiser.
2267
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LEGAL RESEARCH AND WRITING. Brief writing;
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INTERESTED IN PURCHASING Producing &
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Please contact: Patrick Cowan, CPL, CSW Corporation,
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CIVIL OR CRIMINAL APPEALS, RESEARCH
PROJECTS, BRIEF WRITING Experienced former
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ABRAHAM’S SINCE 1959 NATIONWIDE
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EXPERT WITNESSES • ECONOMICS • VOCATIONAL • MEDICAL Economic Damages, Lost Profits
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TRAFFIC ACCIDENT RECONSTRUCTION
INVESTIGATION • ANALYSIS • EVALUATION • TESTIMONY
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SOIL & GROUND WATER POLLUTION INVESTIGATION: Expert Witness. Dr. G.A. (JIM) SHIRAZI, Ph.D.,
RPG, CPSSC. 30yrs Experience in Oil, Gas, Mining &
Environmental cases in Federal, District and Corporation Commission Courts. Tel: (405) 478-1228. Email:
[email protected].
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MEDICARE – MEDICAID – HEALTH LAW Mark S.
Kennedy, P.C. Attorneys and Counselors at Law – A
Health Law Boutique concentrating practice in
Healthcare regulatory and payment matters and other
Business Services to the healthcare provider and practitioner. Formerly Counsel to U.S. Department of
Health and Human Services’ Centers for Medicare &
Medicaid Services and Office of the Inspector
General. Voice (972) 479-8755; Fax (972) 479-8756;
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WANT TO PURCHASE MINERALS and other
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2268
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2715 West Yost Rd
Stillwater, OK 74075-0869
Phone (405) 372-4485 Fax (405) 377-4485
E-Mail [email protected]
Agricultural Economic and Business Consultant
Will provide independent and objective analysis of agricultural
related problems. Resume and Fee schedule sent upon request.
LEGAL RESEARCH AND WRITING. Licensed Oklahoma attorney, twenty years experience, published
opinions and journal article. Trial and appellate briefs;
state and federal court; litigation support as needed.
Sid Martin, (918) 645-5672, [email protected].
Vol. 76 — No. 27 — 10/1/2005
SERVICES
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TRAFFIC ACCIDENT RECONSTRUCTION
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BATES ENGINEERING INC
(405) 635-9200 1 (800) 299-5950
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49 years engineering experience
Board Certified by ACTAR
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31 years police experience
GARRY SZABO — FORENSIC DOCUMENT EXAMINATIONS. Examinations of Signatures, Handwriting,
Alterations, Inks and Paper. Phone (918) 688-2418; Email: [email protected]. P.O. Box 3246, Tulsa,
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include copier, fax, phones, and Internet and conference room. Call Sheila at (918) 636-1582.
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FIRST NATIONAL CENTER — If you need one or
two attorney and/or legal assistant offices in
downtown Oklahoma City (120 N. Robinson)
without all the significant start up costs and
overhead, contact 405-272-9237 as soon as possible.
Exceptional offices with rental rate(s) and lease
term(s) that are extremely reasonable. Use of
reception area, three conference rooms, kitchen
and copier included. Very convenient parking
garage attached to building.
FILE STORAGE — Downtown Tulsa, climate-controlled, secure, long-term file storage space available.
(918) 584-1600.
LUXURY LAW OFFICE, Tulsa, Oklahoma. Seek an
attorney for office sharing arrangement. Move-in
ready. Call (918) 744-7040 for appointment.
Vol. 76 — No. 27 — 10/1/2005
EDMOND: PRESTIGIOUS OFFICE SPACE (1,459 sq.
ft.) with 3 professional offices, conference room, reception, file room, kitchen/work area, beautiful setting,
courtyard with fountains, located LeChene Office
Park, 1218 E. 9th, Suite 3, Edmond, OK. Contact Kevin
Burnett (405) 341-2228.
PRESTIGIOUS OKC OFFICE SPACE — Ideal for
small law firm or solo practitioner. Located at 154th
& N. May. Beautiful country French building
overlooks ponds and waterfalls; convenient to
Kilpatrick Turnpike and Hefner Parkway; two
offices with fireplaces; receptionist; high-speed
internet; fax; copier; telephone system; security
system with cameras; kitchen and conference room.
$900 to $1200 per month. AVAILABLE NOW.
Contact Gregg Renegar (405) 285-8118.
FOR LEASE W/ OPTION TO BUY. 1632 South
Denver in Tulsa, OK. 6+ Office Spaces (125sq.ft.2600sq.ft). Renovated Historic Home. Paid utilities.
Security System. Free Parking. Close to Downtown.
Conference Room. DSL/Cable Ready. Garry
McGraw/Davison (918) 261-4267.
OFFICES FOR RENT: NW Classen Location, OKC.
Telephone, law library, waiting area, receptionist, telephone answering service, office Desk & Chair, all
included in rent; Offices ranging from $290.00 per
month to $490.00 per month. Free parking. Gene (405)
525-6671.
FOR SALE $99,900 — TULSA DOUBLE OFFICE
condominium; 6 offices. Reception area, library/conference room, 2 baths, mini kitchen, park at front door.
Contact Jerry Steltzlen, McGraw Davisson Stewart
Realtors (918) 488-1473.
DOWNTOWN TULSA OFFICE SPACE: NEW
OFFICES RECENTLY AVAILABLE. IMMEDIATE
OCCUPANCY. Perfect for the solo practitioner or small
firm. Located in the Historic Adams Building one block
from the courthouses. We offer experienced reception,
phone, conference rooms, and kitchens with coffee
service. Copier, fax, postage, high speed DSL Internet
and secretarial services also available. Offices in a
variety of sizes with prices ranging from $400 to $700.
For more information call (918) 582-9339 or e-mail
[email protected]
2269
POSITIONS AVAILABLE
POSITIONS AVAILABLE
OKC A.V. FIRM OF MEE MEE & HOGE seeks associate with 3+ years experience in civil litigation. Corporate law and estate planning experience a plus, but not
required. Benefits include health insurance and 401K.
Please e-mail resume with salary requirements to
[email protected].
AV RATED OKC Firm Seeks Attorney for Estate
Planning, Business and Corporate transactions. All
replies maintained in strict confidence. Please send
resume and salary requirements to: Rollin Nash, c/o
Nash & Cohenour, PC, Fax: (405) 917-5005, or e-mail to
[email protected].
FREE LAW OFFICE RENTAL: For Attorney, Phone,
Receptionist, furniture, in return for minimum general
legal Services (405) 525-6671.
THE UNIVERSITY OF OKLAHOMA COLLEGE OF
LAW invites applications from both experienced and
entry-level faculty for one or more possible
tenure-track appointments for the 2006-2007
academic year. A J.D. or equivalent degree is
required. Applicants must possess strong academic
credentials, a commitment to excellence in teaching,
promise for distinguished legal scholarship, and a
demonstrated record of accomplishment in the legal
profession. Our specific curricular needs may
include Commercial Law, Contracts, Civil Procedure
and Criminal Law, although other subject areas may
be considered. The University of Oklahoma is an
equal opportunity employer and particularly
encourages applications from women, members of
minority groups, and others who would further
diversify our faculty. We will begin to review applications immediately and will continue until the positions are filled. Please contact: Chair, Faculty
Appointments Committee, University of Oklahoma
College of Law, 300 Timberdell Road, Norman, OK
73019-5801.
OKC FIRM, AV RATED, seeks attorney with
experience in Corporate, Commercial and Business
transactions. All replies kept strictly confidential.
Email resume and salary requirement to
[email protected].
FOLIART, HUFF, OTTAWAY & BOTTOM seeks
attorney with 0-5 years experience in civil litigation.
Must also have good research and writing skills. Send
resume and writing sample to Amy Sherry Fischer, 201
Robert S. Kerr Ave., 12th Floor, Oklahoma City, OK
73102.
2270
SMALL DOWNTOWN OKC AV FIRM seeks associate
with 0-3 years experience in insurance defense litigation.
Must be prepared to assume substantial responsibility.
Send resume and salary requirements to Box “W,”
Oklahoma Bar Association, P.O. Box 53036, Oklahoma
City, OK 73152.
BOOKS
THE LAWBOOK EXCHANGE, LTD. Buys, sells and
appraises all major law book sets. Also antiquarian,
scholarly. Reprints of legal classics. Catalogues
issued in print and online MasterCard, Visa
and AmEx. (800) 422-6686; fax: (732) 382-1887;
www.lawbookexchange.com.
CLASSIFIED INFORMATION
CLASSIFIED RATES: One dollar per word per
insertion. Minimum charge $35. Add $15 surcharge
per issue for blind box advertisements to cover
forwarding of replies. Blind box word count must
include “Box ____ , Oklahoma Bar Association, P.O.
Box 53036, Oklahoma City, OK 73152.” Display
classified ads with bold headline and border are $50
per inch. See www.okbar.org for issue dates and
Display Ad sizes and rates.
DEADLINE: Tuesday noon before publication. Ads
must be prepaid. Send ad in writing stating number
of times to be published to:
Melissa Brown
P.O. Box 53036
Publication and contents of any advertisement is not to
be deemed an endorsement of the views expressed
therein, nor shall the publication of any advertisement
be considered an endorsement of the procedure or service involved. All placement notices must be clearly nondiscriminatory.
Vol. 76 — No. 27 — 10/1/2005
Vol. 76 — No. 27 — 10/1/2005
2271
THE BACK PAGE
Beginner’s Luck? My First Trial
By Jack Marwood Short
After being admitted to
the bar on July 29, 1958, I
settled into an office with
Jim Bennett [RIP], an
amiable, established
lawyer in his own office
building across the street
from the Stephens County Courthouse in Duncan.
I’d reached a goal and
was ready to practice law.
A month or so later,
County Judge John Marshall [RIP] called and
asked,“Are you a
lawyer?” “Well,” I sorta
stammered, “I’ve been
admitted to practice law.”
The judge said, “Let’s
find out—I’m appointing
you to represent John
Doe (can’t recall his real
name) charged with burglary of a service station
in Marlow.” I promptly
interviewed my first
client accused of a
crime—burglary in the
second degree—in the
county jail.
When my client and
his co-defendant were
arrested for speeding
while driving south
toward Wichita Falls,
Texas, the arresting officers found a new set of
automobile tires from the
Marlow service station in
their car. My client insisted to me he bought those
tires from a man driving
a green Chrysler on a
country dirt road east of
Duncan and if I could
just get his bond lowered,
he’d make bail, find that
2272
man and his case would
be dismissed.
As an accommodation
to a fledgling lawyer, District Judge Arthur J. Marmaduke [RIP] granted
my motion and lowered
the bond. My client posted bail and was released.
Trial was set in midDecember. He assured
me he’d look for that guy
in the green Chrysler.
In November 1958 I
learned my client had
been caught red-handed
burglarizing a service station in Lawton, had pled
guilty, and he was
already serving his new
sentence.
Well, I thought that’s
the end of the case—why
prosecute my client further—he’s back in prison
where he belongs and
apparently wants to be.
But, Clinton Dennis, the
county attorney, didn’t
agree. “No sir,” he said,
“I’m not dismissing the
charges against your
client. Either he pleads
guilty or we go to jury
trial.” He also knew this
would be my first jury
trial. I visited the crime
scene again looking for
anything to build a
defense. I should add, the
co-defendant had
retained Malcolm Baucum [RIP], an outstanding veteran criminal
defense lawyer who got a
severance. My client
would be the first to go to
trial.
We conferred at length
with our clients about the
plea agreement they had
been offered. By Friday,
they’d agreed to accept it.
Judge Marmaduke convened the hearing about
9:30 a.m. He then read
the information aloud
and asked my client,
“How do you plead?” We
all expected a plea of
guilty. But my client
whispered in my ear, “I
didn’t steal those tires,
Mr. Short—would it
make you mad if I refuse
to plead guilty and go to
trial?” I whispered back,
“No, not at all—I’ll do
my best –you’re the one
that does the time if
you’re convicted.” He
said, “I know—let’s go to
trial.”
I rose and informed the
judge my client had
changed his mind. With
that his co-defendant did
likewise. The judge calmly accepted the
announcements and
declared the jury trial
would start at 9 a.m. the
following Monday.
That was an anxious
weekend with little sleep
for me as I frantically prepared for my first trial.
Back to the crime scene
again, reviewing my
notes, planning my opening statement and my
cross-examination questions for the two or three
state witnesses. I’d decided our only chance for an
acquittal was to put my
client on the witness
stand—he agreed. He
was a good witness. He
admitted his burglary in
Lawton, admitted he’d
pled guilty there BUT he
repeatedly insisted he did
not steal those tires from
the station in Marlow.
Jerome Sullivan [RIP], an
able, energetic assistant
county attorney and a
skilled prosecutor, crossexamined him vigorously.
He just calmly admitted
his substantial criminal
history—he was a repeat
offender—and emphatically denied stealing
those tires from the station in Marlow.
In closing, I argued he
surely must be telling the
truth by admitting his
past crimes including his
recent burglary in Lawton then strongly denying theft of those tires.
Much to our amazement and delight the jury
returned a not guilty verdict. Clinton Dennis was
stunned. Believing his
strongest case was
against my client, he dismissed the case against
the co-defendant.
Malcolm Baucum
attended the two-day
trial and told me I hadn’t
done anything right but
win. That putting my
client on the stand was
really risky. Beginner’s
luck? Or dedicated
preparation? Whatever, it
was exciting!!!
Vol. 76 — No. 27 — 10/1/2005

OBA/CLE - Oklahoma Bar Association

Transcription

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