March Briefcase - Oklahoma County Bar Association

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MARCH 2014
Vol. 46, No. 3
A Publication of the OKLAHOMA COUNTY BAR ASSOCIATION
WWW.OKCBAR.ORG
Oklahoma City Real Property Lawyers Association Makes Donation to
Oklahoma County Law Library
Sarah Schumacher, Venita Hoover, Judge Bryan Dixon, Barbara Bowersox, Saul Reid, E. Parker Lowe and
Gretchen Crawford.
By Barbara G. Bowersox
For OCBA members familiar with the
Oklahoma County Law Library, they may
have come across the library’s treasure
trove of real property related papers from
the Oklahoma City Real Property Lawyers
Association (OKCRPLA). The library has
been the designated repository of the paper
presentations made to the association for
several decades. OKCRPLA is a group of
attorneys from the Oklahoma City area
interested in real property, which meets
monthly to exchange ideas and provide
continuing legal education to its members.
The group traces its beginning back to the
Title Lawyers Group of Oklahoma City,
which established in 1943. The Title
Lawyers Group limited its membership to
forty; however, other attorneys wanted to
be part of an active title group. This eventually led to the formation of the
Oklahoma City Society of Title Attorneys.
In April of 1971, the Title Lawyers Group
and the Oklahoma City Society of Title
Attorneys merged to form the Oklahoma
City Title Attorneys Association. In 1996,
the Oklahoma City Title Attorneys
Association changed its name to the
Oklahoma City Real Property Lawyers.
Today OKCRPLA has approximately 100
members. Membership is open to attorneys in central Oklahoma who are interested in real estate law. OKCPRLA operates
with a seven member board which rotates
into the officer positions.
In appreciation of the Law Library’s
keeping the several decades of presentations, the OKCPRLA recently donated
funds to help underwrite furnishings for
the Law Library’s new media room.
“We’re pleased that the OKCRPLA can
assist the Law Library in acquiring furSee DONATION, PAGE 12
Profiles in Professionalism
Pro-Bono
Opportunity:
Haven Tobias
By Alisa White
Haven Tobias describes herself as “a
previously stressed out lawyer, living on
cigarettes, martinis and black coffee”
who is now a vegetarian, Buddhist,
instructor of meditation (not to be confused with mediation). She is as unique
and compelling as her name.
Born to a family of musicians and
artists, Tobias was the first lawyer in her
family. Her grandfather was a conductor
for the Chicago Philharmonic, her grandmother a philharmonic voice instructor,
her mother a poet and writer and her
father an art gallery owner. When Tobias
announced she was going to law school,
her mother said, “How interesting!
We’ve never had a tradesperson before.”
Hailing originally from Chicago,
Tobias attended the University of New
Mexico and obtained a BA in 1964 and
an MA in 1967. She planned to pursue a
doctorate in American History at UNM;
however, when she violated the university’s non-fraternization policy and started
dating her professor, she chose to leave.
“Love wins every time,” laughed Tobias
as she remembered having to make her
choice between marrying her love and
pursuing her goals. Tobias’ husband
accepted a job at OU as a Russian
History professor, and on the advice of
another respected professor, Tobias
applied to the OU School of Law. They
moved to Norman and Tobias began law
school in 1969.
When Tobias entered as a first year law
student, there were only three women in
the graduating class, two women in the
second year class and three women,
including Tobias, in the first year class.
But the lack of women didn’t bother
Tobias. “I loved law school. I should
have stayed in law school forever,” states
Tobias. But Tobias also vividly remembers the gender inequality of the time.
For instance, at the end of her first year
of law school, Tobias became pregnant.
Her grades had qualified her to be on law
3rd Saturday Legal Clinic
By John E. Miley
General Counsel, Oklahoma
Employment Security Commission
If your practice will not permit
you to accept traditional pro-bono
cases that require appearances in
court and on-going service over a
period of time, there is another
option. I have been fulfilling my probono obligation for many years
through the 3rd Saturday Legal
Clinic sponsored by Legal Aid
Services of Oklahoma, Inc. The clinSee PRO-BONO, PAGE 22
See PROFILES, PAGE 13
Inside
Irish Memories for
St. Patrick’s Day
Ceremony to be
Held in Honor of
A Personal Account of the
Loss of President J.F. Kennedy
Robert D. Dennis, Retiring
U.S. District Court Clerk
Page 5
Page 11
From The President . . . . . . . . . . .2
And the Court Said . . . . . . . . . . .4
Events and Seminars . . . . . . . . .5
The Protective Effect of Exercise... .6
iBar Definitive Playlists . . . . . . . .7
Bar Observer . . . . . . . . . . . . . .10
Stump Roscoe . . . . . . . . . . . . .12
A.J. Seay: Territorial Supreme
Court Justice (1890-1892) . . . .16
Book Notes . . . . . . . . . . . . . . .19
Old News . . . . . . . . . . . . . . . .19
OK County Bar Auxiliary . . . . . .22
PRSRT STD
US POSTAGE
PAID
PERMIT# 59
OKLA CITY OK
2 BRIEFCASE • March 2014
BRIEFCASE
March 2014
Briefcase is a monthly publication of the
Oklahoma County Bar Association
119 North Robinson Ave.
Oklahoma City, OK 73102
(405) 236-8421
Briefcase Committee
Judge Jim Croy, Jim Drummond, Michael
Duggan, Justin Hiersche, Scott Jones, Matt
Kane, Teresa Rendon, Bill Sullivan, Rex Travis,
Alisa White, Chris Deason, Judge Don Deason
and Judge Allen Welch.
Editor
Judge Geary L. Walke
Contributing Editors Dean Lawrence Hellman
Bill Gorden
Warren Jones
Oklahoma County Bar Association
OFFICERS:
Judge Patricia Parrish
Jim Webb
Angela Ailles Bahm
John Heatly
Robert D. Nelon
Brandon Long
STAFF:
Executive Director
Debbie Gorden
Legal Placement Director
Pam Bennett
Membership Services
Connie Resar
President
President-Elect
Vice President
Past President
Treasurer
Bar Counsel
Journal Record Publishing Co. Inc.
Publisher
Director of Sales
and Community Relations
Art Director
Mary Mélon
Sunny Cearley
Gary L. Berger
Creative Services
Tiffany English
Velvet Rogers
Advertising Acct Exec
Jessica Misun
For advertising information,
call 278-2820.
Postmaster: Send address changes to OCBA
Briefcase, 119 North Robinson Ave., Oklahoma
City, Oklahoma 73102.
Journal Record Publishing produces the Briefcase
for the Oklahoma County Bar Association, which is
solely responsible for its content.
© 2014 Oklahoma County Bar Association
OKLAHOMA COUNTY
BAR ASSOCIATION
MISSION STATEMENT
Volunteer lawyers and judges dedicated to
serving the judicial system, their profession,
and their community in order to foster the
highest ideals of the legal profession, to better the quality of life in Oklahoma County,
and to promote justice for all.
From the President
Winds
of
Change
at the Oklahoma County Juvenile Center and
the Oklahoma County District Courthouse
By Judge Patricia Parrish
OCBA President
In case you haven’t felt them, the
“Winds of Change” have occurred at the
Oklahoma County Courthouse. Recently,
eight judges have taken new assignments
which are listed below. Trying to explain
who’s in what office is like reciting the
old Abbott and Costello act “Who’s on
first?” Good luck on being on time for
your next docket!
• District Judge Kenneth Watson,
Juvenile docket
• District Judge Lisa Davis, Juvenile
docket
• District Judge Tim Henderson,
Criminal docket
• District Judge Bernard Jones, Civil
docket
• Associate Judge Richard Kirby,
Probate/Guardianship docket
• Special Judge Larry Shaw,
VPO/Mental Health docket
• Special Judge Don Andrews,
Domestic docket
• Special Judge Cassandra Williams,
Juvenile docket
Attorneys may be familiar with the
Oklahoma County Courthouse but perhaps not as much with the Oklahoma
County Juvenile Justice Center. At the
Juvenile Center, District Judge Lisa
Davis serves as Presiding Judge. Also on
the Bench are District Judge Kenneth
Watson, Special Judges Gregory Ryan,
John Jacobsen and Cassandra Williams.
These judges handle both delinquent and
deprived cases.
In deprived cases, the Judges are tact Tsieno Bruno-Thompson at tthompinvolved at every juncture of the case son@olfc.org or call 405.232.4453.
from the initial pick up of the child to
In addition to the countless hours volpermanent placement. Until the child is unteered by OLFC volunteer attorneys,
permanently placed, the
CASA (Court Appointed
Judge is faced with one
Special Advocates) voloverriding concern unteers also work tiredetermining what is in
lessly for the children.
the best interests of that
CASA volunteers advoparticular child.
cate for the best interests
The Court has three
of the deprived child in
Case Managers to assist
the juvenile court systhe Judges in more expetem. This advocacy
ditiously moving cases
includes advocating not
through the system. In
only for the best permaeach case, an Oklahoma
nent home for the child
County Assistant District
but also for services proAttorney is appointed to
vided through DHS, such
represent the State’s
as tutoring, clothing
interest. Parents either
vouchers and healthcare.
Judge Patricia Parrish
hire or are appointed
CASA volunteers curlegal counsel. An Oklahoma County rently assist between 26 percent and 28
Public Defender is appointed to represent percent of the children in need, therefore,
the child.
the need for additional CASA volunteers
When a conflict of interest in repre- is great. CASA volunteers do not need to
senting the child occurs, Oklahoma be an attorney to serve the childrens’
Lawyers for Children (“OLFC”) plays an needs. To volunteer for CASA, contact
instrumental role in providing pro bono Alex Corbitt at jjalecor@oklahomacounrepresentation for the children. In 1997, ty.org or call 405-713-6607.
There are currently over 1,700 juvenile
Don R. Nicholson, II, and D. Kent
deprived
cases pending in Oklahoma
Meyers co-founded OLFC which curCounty
with
over 3,000 children in the
rently has over 1,100 volunteer attorneys
who represent deprived children in all of system.
If it is true that it takes a village to raise
the various stages of a case from the initial show cause hearing through reunifi- a child, then I submit to you that it takes
an army of volunteers to address the
cation or adoption.
If you have an interest in volunteering needs of these 3,000+ abused and negfor Oklahoma Lawyers for Children, con- lected children in our county.
And now for the rest of the story…
I want to extend a sincere thank you
to all those who heeded the call to duty
in last month’s Briefcase. As you may
remember, Rockwood Elementary
School was in need of reading mentors
for its second and third grade students
and many of you have volunteered to
help. After the article ran, I found out an
interesting bit of information about
Rockwood Elementary. Rockwood
Elementary was named after Lewis
Adelbert Rockwood who is the grandfather of attorney Larry Cassil’s wife. Mr.
Cassil informed me that after the
Oklahoma Land Run, Mr. Rockwood
stood trial for being a “Sooner” and was
acquitted. As a result of the acquittal,
Mr. Rockwood was able to keep his
homestead which included the land
where Rockwood Elementary now
stands. In later years, (perhaps as a
penance) Mr. Rockwood donated the
land to Oklahoma City to be used for a
school.
There is still a need for volunteers at
Rockwood and I challenge my “Sooner”
(and “Cowboy”) friends to sign up!
Volunteers are needed for 30 minutes
anytime from 7:30 a.m. to 4 or 5 p.m.
Please contact Kathryn Douglas, at
405-587-0274 or kgdouglas@okcps.org
to arrange a time that fits your schedule.
Correction
We apologize to Judge Bass. His Letter to the Editor, “As A Nation…” in the February issue of the Briefcase, contained two
footnote references which we omitted. Both references are attributable to State Representative Steve Simon of Minnesota:
Page 3: “We have to be careful not to enshrine our beliefs — no matter how religiously valid we believe them to be —”
Page 11: “I am comfortable with a society that bends towards justice for all, fairness to all, wholeness, openness and above all
else, compassion to all.”
www.okcbar.org • March 2014 • BRIEFCASE 3
Carol Abel
Ed Abel
Hal Abel
Laura Abel
Luke Abel
Murray E. Abowitz
Joseph T. Acquaviva
Kristina L. Acree
Troy Acree
Mariano Acuna
Ellen Adams
Jeanie Adams
Scott Adams
Diane Adkins
Angela Ailles Bahm
Diana Akerman
Victor F. Albert
Amy L. Alden
Carol J. Allen
Hilary S. Allen
Philip W. Anderson
Mike Andre
Alyssa Andrews
Jennifer R. Annis
Jami Rhoades Antonisse
Francis J. Armstrong
Shawn Arnold
Jaclyn M. Arnold-Shafer
Stuart Ashworth
Jeffrey A. Atkins
Ann E. Atkinson
Jon Austin
D. Lynn Babb
Richard R. Bach
Connie Bachman
Gary C. Bachman
Samantha Bachman
Stephen D. Bachman
Tamara A. Bachman
Dena Bagwell
Nikol Bailey
Sharon K. Bailey
Brandon Baker
Jo Balding
Joseph Balkenbush
Marianne Ballard
Russell Ballard
Rep. Gary W. Banz
Steven L. Barghols
Lynda Barnes
Robert D. Baron
Leslie V. Batchelor
Brant K. Bates
SanDee L. Bates
Rachelle Batson
Charles Battle
Joshua Beaney
Judy Beck
Becky Cain
Johnny G. Beech
Jeff R. Beeler
Cindy L. Beeney
Mark Beffort
Wm. Bell
James A. Belote
Mark H. Bennett
Sheila Benson
Nick Bentley
Steven Bentley
Patricia Bernhardt
Howard K. Berry, III
Jennifer L. Wester Berry
Timothy G. Best
Mark Bialick
David C. Bibens
Kay Bibens
Mike Bickford
Warren F. Bickford
Shannon Bickham
Lynn Bilodeau
Rhone Bird
Rick Bisher
Angie Bishop
Kelly Bishop
Robert E. Black
Mitchell D. Blackburn
Connie J. Blanchard
Harry J. Blanchard
Hilarie Blaney
Jap W. Blankenship
Denise Block
Bob Bloyd
Bonnie Blumert
Krista Boatright
Billy Bock
Joseph H. Bocock
Nelson L. Bolen
Teresa Boles
Timothy J. Bomhoff
Barbara J. Bonacci
Clay P. Booth
Ann L. Bosley
Monty Bottom
Mike Bower
Bill Bowlby
Kristopher Bowling
Andrew M. Bowman
Chris Box
Irven Box
Christopher Boyer
Terri Bradburry
Peter B. Bradford
Karen K. D. Brady
Lynn Brady
Jessica Bramlett
Charles A. Brandt
Joanne A. Branesky
David A. Branscum
John Branum
Dee Brazell
Roy Brazell
R. Wade Brewer
Galen Brittroghom
Amber M. Brock
Matt Brockman
Kenneth A. Brokaw
Michael Brooks
Thomas D. Brower
Carey Brown
Charles G. Brown
Craig Brown
Greg Brown
Jimmie Shadid Brown
Lynzie K. Brown
Michael N. Brown
Pamela J. Brown
Sid Brown
Brandee Bruening
Jennifer A. Bruner
Daniel Bryan
G. David Bryant
Gary A. Bryant
Sandra Bryant
Brandon Buchanan
Vickie Buchanan
Daniel Buckelew
Matthew Buergler
Whitney E. Buergler
Cristi L. Bullard
John M. Bunting
Barbara K. Buratti
Derek K. Burch
Bob Burke
William R. Burkett
LeAnne Burnett
Michael Burrage
Rosemary Burris
Lynne Buskirk
Scott A. Butcher
Staci Butler
Ben Butts
Bill Buxton
James H. Buxton
Jim Buxton
Katherine Buxton
Kathy Buxton
Doug Byford
Nick Byford
Becky Cain
Tim Cain
Andre Caldwell
Kimberly Caldwell
Mary Caldwell
Allen Campbell
Catherine L. Campbell
James A. Campbell
Robert Campbell
Ross Campbell
Sherry Campbell
Jim Canton
Sam Caporal
Daniel Card
Daniel J. Card
Stephanie Carel
J. Christopher Carey
Melinda Carrell
Kym Carrier
Kymala B. Carrier
Daniel V. Carsey
Joe Carson
Toni Caruso
Larry G. Cassil, Jr.
Greg A. Castro
Bonnie S. Catlett
Rachelle Catrow
Donna M. Cecrle
James M. Chaney
Ashley Chartney
Tracey Chavez
Adam W. Childers
Anthony T. Childers
Gary S. Chilton
Shu Cho
Cathy M. Christensen
Gail Christensen
J. Clay Christensen
Wade Christensen
Jennifer K. Christian
Mark D. Christiansen
Brandon Clabes
Allen Clark
B. Taylor Clark
Charles L. Clark
Jane Clark
Steven Clark
Edward J. Clarke
Lane M. Clausson
Jan Clifton
Sarah Clutts
J. Steven Coates
Andy Coats
Elaine Coe
Brent D. Coldiron
Jocelyn K. Coldiron
Seth D. Coldiron
Paul Coldwell
David H. Cole
DeAnna M. Cole
Kenneth G. Cole
Kenny Cole
Steve Cole
Steve A. Coleman
Christopher T. Combs
Shannon Condor
J. Chris Condren
Candice Conrad
Penny Cook
Rod Cook
Cathey Cooper
Cody J. Cooper
David C. Cooper
Jeffrey M. Cooper
Mary Quinn Cooper
Michael J. Cooper
R. Thompson Cooper
George S. Corbyn, Jr.
Dale E. Cottingham
Gina Couch
Elizabeth Council
Derek Cowan
Angie Cox
Logan Cox
John T. Coyne
Debbie J. Crabb
Richard D. Craig
Billy M. Croll
M. Joe Crosthwait
Mary Crumley
Liza Cryder
J. Dillon Curran
Harry Currie
Joan Currie
Michelle Curtis
Shelley R. Cyphers
Robert W. Dace
George W. Dahnke
Irena Damnjanoska
Thomas J. Daniel IV
Anderson Dark
Michael L. Darrah
David Davenport
Liz Davies
Shannon F. Davies
Gary W. Davis
James F. Davis
Kenny Davis
Kris Davis
Lonnie Davis
Steven C. Davis
Jack S. Dawson
Bill V. Dean, III
Bill V. Dean, Jr.
Christie P. Dean
Mary Lou Dean
Mary Megan Dean
Ryan Deligans
Dianne Joy Dell
Cheryl Denney
Sean Denton
Darren Derryberry
Larry Derryberry
Donald DeSpain
Derrick DeWitt
Judy Dice
Jerry Dick
Kathy Dick
Katie Dickey
Robin Dinse
Jodi W. Dishman
John J. Ditmars, Jr.
Steven M. Ditto
Heidi Diver
Bryan Dixon, Jr.
Emily Dixon
Margaret M. Dixon
David H. Dobson
Madeline Dobson
Debbie Dodson
David Donchin
Kevin R. Donelson
Bradley K. Donnell
Cary Dooley
Layla J. Dougherty
Stefan Doughty
Christie Douglas
Kelly Dragoo
Linda Dresselhaus
Russell Dull
Scott Dull
Sidney G. Dunagan
Judy Dunn
Travis Dunn
Gerald E. Durbin, II
E. Talitha Ebrite
Clark Edelen
Emmanuel E. Edem
David W. Edmonds
William A. Edmondson
Joe Edwards
Joshua Edwards
Marc Edwards
Nicholle Jones Edwards
Sally Ketchum Edwards
Teresa Elam
David Elder
Cecilia Ellis
Ronette Tindall Ellis
Melissa Elzo
Shannon K. Emmons
Rachel Enderwood
Mark Engel
Marti English
Derek B. Ensminger
Roger Epperly
Ruth Epperly
Dan W. Ernst
William J. Ervin, Jr.
Allen D. Evans
Cecelia Evans
Darrol D. Evans
Kristen Evans
Kyle D. Evans
Mike Evans
Heather A. Lehman Fagan
Ashley Faust
Matt Felty
Angie Fennell
Steve Ferguson
Ledford C. Fields
Roberta Fields
Larry Finn
Eric Fisher
Ron Fisher
Roxanne Fitzgerald
Susanne Flewelling
Angel Florez
Bill Flurry
Michael R. Ford
Roger Ford
Sherri Ford
Linda S. Foreman
Diana S. Fortune
Julie Fountain
Jerry Fraley
Vickie L. Frame
Matthew Free
George Freedman
Forrest “Butch” Freeman
Denny Fries
F. Andrew Fugitt
Jeffrey Scott Fulkerson
Ronald D. Fulkerson
Shawn Fulkerson
Simone Fulmer
John Funk
Tim Gallegly
Bryan Garrett
Kena Garrett
James Leo Gaston, Jr.
Janna Gau
Mark Gautreaux
Cody N. Gayer
Charles E. Geister, III
Geralyn Geister
Kelly A. George
Lysbeth L. George
DeeAnn L. Germany
James Gibbs
Jared Giddens
Lisa D. Giles-Caison
Lindsay Gillaspy
Robert H. Gilliland
Kayce L. Gisinger
Greg D. Givens
Keith F. Givens
John S. Gladd
Samuel J. Glover
Dearra Godinez
Joseph K. Goerke
Adam Goll
Matthew Goodin
Jimmy Goodman
John N. Goodman
Randy L. Goodman
Sue Goodman
Debbie Goodwin
Kyle Goodwin
Jan Goodyear
Robert Todd Goolsby
Bryan Gordan
Cara Gorden
Kevin D. Gordon
Velinda Goss
Tony Gould
Carolyn Sue Grace
Jody Graham
Elizabeth Gray
Gerald P. Green
Pam Green
Shelby Green
Kara Gridley
Ginger Griffin
Jay Griffin
John J. Griffin, Jr.
Nancy J. Griffin
Mark S. Grossman
Eric J. Groves
Tom Gruber
Robert G. Gum
Andy Gunn
Alex Haley
Adam Hall
Charise Hall
Joel Hall
Rose Marie Hammond
Joe Hampton
Lauren Barghols Hanna
Bill Hardaker
Lisa Harden
Lloyd T. Hardin, Jr.
Joel W. Harmon
Inona Harness
Hilda Harp
Connor Harris
Lisa Harris
Lyndsey Harris
Rick Harris
Philip Hart
Brad Hartwick
Pam Hartwick
Douglas S. Harwell
Sally Hasenfratz
Greg Haubrich
Robert J. Haupt
Kari Hawthorne
Robert W. Hayden
Angel Head
Rick Healy
John B. Heatly
Timothy A. Heefner
Holly Hefton
Richard Hefton
Sam Hefton
Mary Henderson
Anthony Hendricks
Russell L. Hendrickson
Gov. Brad Henry
John Hermes
Shonda Hernandez
Ray Hibbard
James Hicks
Bobby Higginbotham
David High
J. P. Hill
Kevin Hill
Candy K. Hills
Davina Hinkston
Sarah Hinkston
Cathy Hinson
Karl F. Hirsch
Brion Hitt
Bill K. Hoag
William H. Hoch
Dan Hoehner
Joe Hogsett
Robert D. Hoisington
Laura Holkum
Don G. Holladay
Laura L. Holmes
Georginna Holtz
Gary B. Homsey
Stacie K. Hood
Glory Hoover
Venita L. Hoover
Henry D. Hoss
Spencer Housley
Mary Houston
Rachael Houston
Mark B. Houts
David F. Howell
James F. Howell
Joy Howell
T. P. Lynn Howell
Guy E. Howie
Howard Howie
Janette M. Howie
David Hudiburg
Fred Hudsa
Glen D. Huff
Candy Hulsey
Carey Hulsey
Rodney K. Hunsinger
Brittany Hunt
Cheryl P. Hunter
Mike Hunter
J. Roger Hurt
Art Hyde
Dean Imel
Mari Imel
David Jacobson
Eric A. Jacocks
Pam Jenkins
Travis Jett
Bill Johnson
Brent Johnson
Bryce Johnson
Dana Johnson
Gennie Johnson
J. Logan Johnson
Robert M. Johnson
Scott Johnson
Sharon L. Johnson
Stephen R. Johnson
Steven J. Johnson
David Craig Johnston
Phillip M. Johnston
Cody B. Jones
Dan K. Jones
Doneen Douglas Jones
Jake Jones, III
Matt Jones
Laurie D. Judy
James D. Kallstrom
Dennis Kaufman
Wood Kaufman
David L. Kearney
Sabrina Keesee
Brandon Kemp
Amy Kempfert
Tom Kendrick
John A. Kenney
Randy Kersey
Clayton Ketter
Kathryn Kilpatrick
Bryan King
Eric R. King
Karen King
James A. Kirk
Nevin R. Kirkland
Patricia Kline
Steven Kline
Timothy D. Kline
Gina Knight
Byron Knox
Liz A. Knox
Barrett J. Knudsen
Paul M. Kolker
Paul Kouri
Kevin E. Krahl
Jake Krattiger
Lane Krieger
Jon W. Laasch
Michael LaBrie
Randy Lacey
Tara LaClair
Robert S. Lafferrandre
Erin LaForge
Patrick Lane
Nick Larby
J. Leslie LaReau
James G. LaReese
James K. Larimore
James W. Larimore
Tammy Larsen
Osmun Latrobe
Michael F. Lauderdale
Scott A. Law
Ken Lawton
Bill Leach
Alexis League
Thomas A. LeBlanc
Ed Lee
Lance E. Leffel
Fred A. Leibrock
Chris Leigh
Meredith Lendawen
John Lennon
Jenelle LePoint
Andrew W. Lester
Mark Lester
Josh Lewis
Gideon A. Lincecum
Bill Lisby
Candace Lisle
Charles Listen
Brandon P. Long
Heidi J. Long
Laura Long
David J. Looby
Fernando Lopez
Mark Lovelace
Susan B. Loving
Dakota Low
Katherine Loy
Michael Lusk
Silas R. Lyman
Leslie L. Lynch
Makenzie MacMillan
Melvin H. Madewell
Brad A. Madore
Michael Maloan
Aharon Manley
Ashley S. Manning
Steven S. Mansell
Krystal Manwell
Ray Maples
Tyler Marco
Carin L. Marcussen
Robert C. Margo
Daniel P. Markoff
Perry T. Marrs, Jr.
John Martin
Mack K. Martin
Matthew D. Martin
Stephanie Martinez
Tracey D. Martinez
Paige Masters
April Mastin
Mark A. Mathews
Malinda S. Matlock
Kieran D. Maye, Jr.
Kortny Mayfield
J. Mark McAlester
Karla McAlister
Lloyd G. McAlister
William C. McAlister
Kera McBride
Stephen McCaleb
Robert McCampbell
Gary McClanahan
Michael McClintock
Laura McConnell-Corbyn
T. J. McCord
Cheryl McDaniel
Iris McDonald
Jon McGhee
Kellie McGhee
Kent R. McGuire
Greg McIlvoy
Sean H. McKee
Michael D. McMahan
Michael S. McMillin
John C. McMurry
Carrie McNeer
David K. McPhail
Sylina McWhoeter
Erin Meador
Bill Medlin
Jane Mesca
Brenda Metcalf
Gregory Metcalfe
Steven Metheny
Henry A. “Hank” Meyer III
Pat Meyer
D. Kent Meyers
Paul Middleton
Sherri Mighton
Drew Mildren
Richard Mildren
Jon M. Miles
Ed Miller
Robert B. Mills
Joelle F. Moaning
Randall D. Mock
Lisa M. Molsbee
Mack J. Morgan III
John R. Morris
Judy Hamilton Morse
J. J. Moses
Clyde Muchmore
Riley Mulinix
Russell Mulinix
Tom E. Mullen
Glen Mullins
Michael Mullins
Rick Mullins
Michael A. Muphy
Dan Murdock
Dustin Murer
Brooke S. Murphy
Dr. Cynthia K. Murray
Janice Murray
Jennifer Murray
Pauline Murray
Todd A. Murray
Louise Myers
Margaret K. Myers
Carol G. Naifeh
Ernestine Naifeh
Jacob P. Naifeh
Mary K. Naifeh
Nick Naifeh
Robert N. Naifeh, Jr.
Ernest R. Nalagan
Neel Natarajan
Lane Neal
Victor Neal
Amy Neathery
Gregory Neillis
Robert W. Nelson
Donald B Nevard
Drew Neville
Ken Newey
Michelle Newman
Tricia Newman
Angela Nguyen
Brandon S. Nichols
Cara S. Nicklas
Richard Nix
J. Michael Nordin
Evelyn Norris
Michael J. Novotny
John Nowakowski
D. Michael O’Neil, Jr.
Michael O’Rear
Richard Ogden
Karen N. Ogle
L. Earl Ogletree
John Oldfield
Ryan Oldfield
Stephen L. Olson
Martin G. Ozinga
Colbie Padilla
Tiffany Padilla
Armand Paliotta
John A. Papahronis
Renee Parent
Richard Parr
Sarah Lee Gossett Parrish
Thomas A. Paruolo
Diana Pate
J. Blake Patton
Barbara Payne
Megan Paysnoe
Jackie Pearson
Trevor Pemberton
Lu Pender
Allie V. Peoples, III
David E. Pepper
Nicole Perinovic
Michael R. Perri
Jessica Perry
Brenda Peterson
Stephen Peterson
Kiran A. Phansalkar
Hannah Phillips
Michael W. Phillips
K. Clark Phipps
Amy Pierce
Gerald F. Pignato
Angila J. Pike
Mayor Robert Pittman
C. Craig Pitts
Thomas Pletcher
Ross A. Plourde
Charles S. Plumb
Emily K. Pomeroy
Janice Ponder
Kathryn Ponder
Hillari Pool
Ted Poole
Ashley Powell
Courtney Powell
Josh Powell
Amy M. Poyner
Sterling E. Pratt
Joe Pribble
Beth Price
Betty Price
Norris Price
Jim T. Priest
James Prince
E. Edd Pritchett, Jr.
David Proctor
Keeli Proper
Richard Propester
Charles L. Puckett
Tony Puckett
Justin Pybas
Kimberly Quinton
Ashley D. Rahill
Bobby Raincrow
Cathy Raincrow
G. Todd Ralstin
Kathy Rambin
Bart Ramsey
John Mathew Randall
Sylvia Randolph
Kevin B. Ratliff
Chandra Holmes Ray
Lauren Ray
Scott Ray
Ryan J. Reaves
Caleb M. Redman
Ben Reed
Brenda Reed
Sherman Reed
Christi Reeves
Randa Reeves
Karen Rehrig
Jonathan D. Reiff
Joseph R. Reinke
Carri A. Remillard
Dale Reneau
Sandra S. Reneau
Erin Renegar
Christopher S. Reser
Barry T. Rice
Douglas A. Rice
George Rice
Rick Rice
Gary A. Rife
Richard A. Riggs
Jeff Riles
Sylvia Rivera
Brad L. Roberson
John Robertson
Rob F. Robertson
Alex Robinson
Amanda Robinson
Jeff Robinson
Reid Robison
Cliff Robnett
Kathleen E. Roduner
Jessica Rogers
Armando Rosell
Rick Ross
Jim Roth
Timila Rother
Mary J. Rowe
Caroline E. Rozell
Michael Rubenstein
Melanie W. Rughani
Anton Rupert
Kurt M. Rupert
Andrea Rust
Gary Rutherford
Jason A. Ryan
Patrick C. Ryan
Patrick M. Ryan
Philip D. Ryan
Julia Sabanos
Alix L. Samara
Megan Sampson
Sid Sanders
Starla Sanders
Don Sanderson
Jason A. Sansone
John Saugstad
Benjamin Saunier
Cindy Schaus
Stephen Schaus
Angela Scheets
Sarah J. Schumaker
G. Blaine Schwabe III
Nedra Schwoerke
James A. Scimeca
Mary Scott
Theresa Scott
Bruce Sealy
Heather C. Seaton
Jennifer Seeger
Mark Seikel
James L. Selders
Lisa M. Selph
Jerome S. Sepkowitz
Jeanna Seright
Jamie Sexton
Barry Shadid
Dana Shadid
Dorene Shadid
Jerame Shadid
Randel Shadid
Idessia M. Shanks
James W. Sharrock
James C. Shaw
Robert N. Sheets
Heidi Shelton
Adrienne P. Sherman
J. T. Sherman
Steve Sherman
Susan Shields
Shonda K. Hernandez
Susan Short
Shalene Shuler
Tim Siler
Jim Sill
Steven W. Simcoe
Charles Simons
Vani Singhal
John D. Singleton
Art Sipes
M. Ann Sipes
Ronald D. Sipes
Sandra Skirlock
James A. Slayton
Ron Slingo
Cass Smith
David Smith
Ellen Smith
Josh Smith
Megan Smith
Nathaniel T. Smith
Randy Smith
Spencer Smith
Valerie R. Smith
Wesley G. Smith
L. Don Smitherman
Nicole Snapp-Holloway
Suzane Snell
Sean Snider
Jim Snoddy
Elizabeth A. Snowden
Bruce Sparling
Carrie Sparling
Cynthia L. Sparling
Jeff Sparling
Anthony W. Speck
Jessica L. Speegle
Lindy Spencer
Mark D. Spencer
Matt Standard
A. Ainslee Stanford II
Crystal Stanley
R. Gene Stanley
Latricia Steadman
Ian Steedman
Laura Steele
Patrick L. Stein
Geren T. Steiner
Leasa M. Stewart
Melanie Stickler
John D. Stiner
Sheila Stinson
Amy M. Stipe
Mark K. Stonecipher
Roger A. Stong
Robert Stramski
N. Martin Stringer
Larry Sturgill
William H. Sullivan
Ami Swank
Kyle Sweet
Jake Swift
Lorna Swinney
A. Kyle Swisher
Sally Tague
Virgil Tague
Albert L. Tait, Jr.
Evan Talley
Paula Tarbutton
Jeff Tate
Darren M. Tawwater
Larry A. Tawwater
Barbara Taylor
Carlton Taylor
Marvin Taylor
Galia Tennison
Kathryn D. Terry
Sophia Thach
Mike Thift
Michael Thom
Maranda Thomas
Dan Thompson
David P. Thompson
John M. Thompson
R. Scott Thompson
Lindsey Thomsen
Darlene S. Thornton
Jordan Thornton
Roy Thornton
C. William Threlkeld
Bonnie Tillman
Kenneth A. Tillotson
Sarah J. Timberlake
Terry W. Tippens
Jeff L. Todd
Mary H. Tolbert
A. Craig Tomlin
Raymond E. Tompkins
Vicki Trammell
Kelly Tran
Victor Trautmann
Margaret Travis
Patricia Travis
Rex Travis
Danny Trent
Paul Trimble
Kaci Trojan
Madison Truesdale
David L. Tulk
Mike Turek
J. Eric Turner
Jacqueline Turner
Dave Twidwell
Elizabeth D. Tyrrell
J. Underwood
John Valentine
Will E. Van Egmond
Erin Van Laanen
Donna VanHorn
Carrie Vaughn
Kristy Ventimiglia
Brenda Vernon
Evan Vincent
Ray Vincent
John E. Vitali
Jessica Volinski
Alexander C. Vosler
Lauren Voth
Kerry Ann Wagoner
Nancy Wakely
Andrew L. Walding
Collin Walke
Kathy Walker
L. Mark Walker
Russ Walker
Tammy Wallace
Lindsey Waller
Kevin Walls
Kevin M. Walos
Micky Walsh
Hilton H. Walters
Jay R. Walters
Joseph Walters
Michael L. Walters
C. Todd Ward
James Warner
Kimberly Warren
Rick L. Warren
Catherine Watkins
Clyde Watkins
Tim Weathers
Drew D. Webb
Daniel G. Webber, Jr.
James Webster
Charles C. Weddle III
Catherine Weimer
Mort Welch
Carmalieta Wells
Barbara Welsh
Phillip G. Whaley
Nathan L. Whatley
Peter L. Wheeler
Joe E. White, Jr.
William Whitehill
Lyndon W. Whitmire
Reggie N. Whitten
Clinton D. Whitworth
Floyd Don Wicker
Terry T. Wiens
John Wiggins
Susan Wiggins
Melissa Wilkinson
Glen E. Williams
Kimberly Williams
Lynda Williams
Paula Williams
Kenneth Williamson
Kim Williamson
Brandon Powell Wilson
Michelle Witham
Brian Wolf
Thomas G. Wolfe
Genie Wood
Sherry Wood
Megan Woodard
Carol M. Woods
Harry A. Woods, Jr.
Michael Woodson
Wes Woodward
C. Russell Woody
J. Tyler Worten
Chancee Wyatt
Veronica Zollo
Ray Zschiesche
4 BRIEFCASE • March 2014
And the Court Said
An Olio of Court Thinking
By Jim Croy
March 10, 1914
One Hundred Years Ago
[Excerpted from Castleberry v State, 1914
OK CR 19, 139 P. 132.]
Plaintiff in error was tried and convicted
in the district court of Tillman county upon
an indictment returned by the grand jury on
the 24th day of January, 1912. The indictment charged “that on the _____ day of May
of A.D. 1911, at and within said county, and
within the jurisdiction of said court, one
Tom Castleberry, Jr., then and there being,
did then and there unlawfully, willfully, and
feloniously commit the crime of rape upon
the person and body of one Willie Mathews,
by then and there having carnal sexual intercourse with her, the said Willie Mathews,
who was then and there a female of previous
chaste character, and under the age of eighteen years, and the said Willie Mathews then
and there not being the wife of the said
defendant, Tom Castleberry, Jr., contrary
to,” etc. On the 14th day of June, 1912, in
accordance with the verdict of the jury, the
court sentenced the defendant to imprisonment in the penitentiary for the term of five
years. To reverse the judgment an appeal
was taken by filing in this court, on
November 29, 1912, a petition in error with
case-made.
***
The next assignment is that the court erred
in admitting the testimony of Ruth Brady,
upon her cross-examination, and in permitting the state to introduce in evidence a postcard photograph of Ruth Brady and the
defendant upon the cross-examination of
said witness. Ruth, as a witness for the
defendant, had testified that in February,
1912, she went to her home and had a conversation with the prosecutrix, and asked her
who she thought her baby boy favored, and
the prosecutrix said “that she didn’t know,
but that she had a pretty good idea”; that she
then asked her who was the father of her
child, and that she said “she didn’t know
who the father of her child was.” On crossexamination she stated that the defendant
was her sweetheart. The state produced a
photograph taken by Jack Kendrick, another
witness for the defendant, and extended it to
the witness; her further examination, taken
from the transcript, being as follows:
“Q. Whose picture is that? A. It’s ours;
Tom and me. Q. Yourself and Tom? A. Yes;
don’t it look like us? Q. This shows Tom and
you, and Tom has got his hands upon your
leg, and your dress pulled up, and his hands
up there on your knee, hasn’t he? (Objection
that the same is not proper cross-examination. Overruled and exception allowed.) Q.
He has got his hands up there on your legs?
A. Yes, sir. Q. You was out riding with Tom
and permitted him to do you that way? A.
Yes, sir. Q. That is a true picture of you and
Tom? A. Yes, sir.”
She further stated that the picture was
taken by Jack Kendrick about three months
before; that she left Hobart, her home, with
the defendant, and went to see the prosecutrix at Davidson, because she just wanted to see if the baby favored Tom. The argument is made that:
“A person having their picture taken in
possibly an immodest way, as this picture
represents, could have nothing to do with the
truth or untruthfulness of what such person
may testify to upon the witness stand upon a
matter disconnected with such act. And the
admission of such testimony, and the exhibit of said indecent picture as evidence, as
was allowed in this case, answered no fairly
useful purpose on the trial. It only tended to
embarrass the witness by exposing an act
done by her in the infirmity of human
nature, amid the temptations that beset life,
and the obvious purpose and the undoubted
effect of such course of examination in this
case were to degrade and injure the witness
in the estimation of the jury to injuriously
affect their verdict against the defendant.”
The evidence, if inadmissible, was,
beyond doubt, highly prejudicial to the
defendant. On the other hand, the evidence
of the witness Ruth Brady, if believed, was
very damaging to the state.
It is well settled that in a criminal case a
witness on cross-examination may be questioned as to his relations and feelings of
friendliness or hostility towards the defendant.
***
The doctrine that a witness may be crossexamined as to matters going to credibility
may well be regarded as an exception to the
rule that cross-examination is to be confined
to matters touched on in the examination in
chief, and the limits within which either
party may cross-examine upon matters not
strictly relevant, but which affect the credibility of the witness, is largely within the discretion of the trial court, but the privilege of
degrading a witness by proof of disreputable
conduct, not connected with the facts on
trial, is one so liable to abuse that it should
be closely guarded and allowed only upon
the exercise of sound judicial discretion, and
then only to affect the credibility of the witness.
The witness, Ruth Brady, testified on her
cross-examination that she was the sweetheart of the defendant. Here we have a very
powerful motive for testimony in his behalf.
She identified and admitted the photograph
which shows that witness, in the presence of
a third person, permitted the defendant to
take indecent liberties with her person. We
think the entire evidence upon the crossexamination, including the photograph, was
properly admitted, as showing the nature of
the relations existing between the witness
and the defendant, and that their relations
were such as would create a bias on the part
of the witness that might reasonably be supposed to affect her credibility, and the fact
that such evidence would probably prejudice
the defendant in the minds of the jury did not
affect its admissibility.
***
Finally, under several assignments it is
contended that the verdict is contrary to the
evidence. The prosecutrix testified: That she
was born on the 30th day of August, 1894,
and had lived with her parents at Davidson,
in Tillman county, for about three years, and
the defendant had gone with her off and on
for about three years; that during the months
of March, April, and May, 1911, he was with
her about three times a week. That he promised to marry her, and she permitted him to
have sexual intercourse with her, the first
time in March, 1911, while they were going
to her home from church. That this conduct
was repeated several times, always on the
way from church to her home. The last act
occurred May 25, 1911. As a result she
became pregnant. That she informed the
defendant, and he said, “I will fix that up all
right in a few days,” and that they would go
to Frederick, the county seat and get married. That soon thereafter he left the state.
That her child was born January 28, 1912.
That she never had intercourse with any man
other than the defendant; that she consented
to have intercourse with the defendant
because he promised to marry her, and she
loved him; that she was unmarried, and not
the wife of the defendant. There are in evidence many facts and circumstances of a
corroborative character which materially
strengthen the evidence of the prosecutrix as
to the principal fact about which she testifies. We have given the evidence careful
consideration, and our conclusion is that the
evidence is ample to sustain the verdict, and
that the controversy of fact was peculiarly
one for the jury to determine.
It is contended, however, that because the
prosecutrix testified that the defendant had
sexual relations with her prior to “the _____
day of May, 1911, the time alleged in the
indictment; that she was not on the _____
day of May, 1911, or at any time after the
first act of sexual intercourse with the defendant, a female of previous chaste and virtuous character; therefore he cannot be convicted of any subsequent act... This contention presents the question to this court for
the first time, and it becomes necessary
therefore to determine whether a man may
gratify his lust and passion by persuading a
chaste child to permit him to have sexual
intercourse with her, and afterwards repeat
the act, and then, in a prosecution for statutory rape, to take advantage of his previous
defilement of the child to avoid the application of the statute. The testimony of the prosecutrix tended to prove several acts constituting the crime charged. The defendant did
not move or request the court to require the
state to elect on which act it would rely. The
court properly instructed the jury, in effect,
that if they found from the evidence beyond
a reasonable doubt that the defendant, within the county and state, on the _____ day of
May, 1911, or at any time within three years
prior to the finding of the indictment, did
have sexual intercourse with the prosecutrix,
and that she was at the time under eighteen
years of age and of previous chaste and virtuous character, then they should find the
defendant guilty of rape in the second
degree. Our Code provides that an indictment or information must charge but one
offense. Rev. Laws 1910, sec. 5741.
It is a general rule that when the law permits but one offense to be set out in the accusation, the state will be compelled to choose
the transactions on which it will ask a verdict. 1 Bish. New Crim. Proc., par. 459.
In this class of cases, however, we think
the question of election is properly a matter
within the judicial discretion of the trial
court. We think the contention is not well
taken. Such is not the law, and such a doctrine is without support in the principles of
criminal jurisprudence.
In our opinion, the defendant, being the
author of the child’s defilement, is precluded
from taking advantage of his previous
wrongdoing to avoid the application of the
statute.
March 7, 1939
Seventy-Five Years Ago
[Excerpted from Brenner v. Stavinsky, 1939
OK 131, 88 P.2d 613.]
The parties to the action are competitors
in the tailoring business in the city of Tulsa.
The defendants prior to their entry into the
competitive field were employees of the
plaintiff in the same business.
The question for determination is whether
the plaintiff may restrain by injunction the
defendants’ use of a list of the plaintiff’s customers compiled by them while they were in
plaintiff’s employment.
The question is one of first impression in
this jurisdiction, although it has been a subject of frequent consideration in other jurisdictions...
The plaintiff, according to his amended
petition, has been engaged in the tailoring
business in the city of Tulsa since 1919. He
asserts that only about 10 per cent. of the
population of any community have their
clothes made to order. By strict and careful
attention to business and by effort and initiative on his own part, he has established a tailoring business in Tulsa and has a “clientele”
of about 1,500 persons who regularly
patronize him. He employs about 20 persons
to work upon the various garments ordered
by his customers. In 1934, he employed the
two defendants, who were then strangers in
Tulsa. The duties of their employment
required them to cut or tailor portions of garments ordered by customers. They worked
in the “manufacturing” portion of plaintiff’s
establishment and did not come in personal
contact with the customers. However, each
garment as it progressed through the hands
of the workmen had the name of the customer affixed thereto for identification purposes. Thus the defendants had access to,
and an opportunity to become familiar with,
the identity of plaintiff’s customers, and
according to the plaintiff during the period
of their employment they compiled a list of
such customers.
In 1937, the defendants ceased to be
employees of the plaintiff and established a
competitive business. They immediately
began to use the list of plaintiff’s customers
and circularize the names thereon with
advertising matter and otherwise to solicit
business from them advertising in substance
that they were formerly employed by the
plaintiff, that they did the designing, cutting,
and manufacturing for him, and that they
were in a position to furnish the same garments with the same quality of workmanship and material as those furnished by the
plaintiff at a lower price.
The plaintiff sought, as stated in the
prayer of his petition, to prevent by injunction the use of the list of customers or any
information concerning such customers
obtained by the defendants while in the
employment of the plaintiff. He also
See OLIO, PAGE 20
www.okcbar.org • March 2014 • BRIEFCASE 5
Irish Memories for
St. Patrick’s Day
By Michael Duggan
Padraic of Ireland. He would understand.
So might our editor. Over the years he has
given me license each March to hijack a few
pages of this always amazing and overreaching “association rag” for what purports to be
a Saint Patrick’s Day piece. I have repaid
this grace by maybe a couple of pieces on
the day and the Saint himself. But mostly it’s
been parade articles, downright satirical
pieces and forays into Irish history and good
old “Easter Rising” Irish nationalism. I
claim the right by the spelling of my surname and the fact that he lets me get away
with it.
Celebration and grief have never been
mutually exclusive in the Irish heart. A
Dublin schoolteacher once told me how, as a
schoolgirl, she and a fright-giggling companion, having spotted the black wreath on
the door, would summon up the courage to
dash up and knock. They would look down
and fold their hands as in prayer as the door
opened. The older person would lead them
through the darkened house upstairs to the
bedroom where the decedent was laid out in
her bed. Amidst the soft light and sweetish
smell of beeswax candles, they would kneel
at the foot of the bed and pretend to say a
prayer. Then they would retrace their steps.
Once outside they would race around the
nearest corner and compare notes on their
close encounter with a corpse, in a breathless and wide-eyed celebration of an early
conquest of fear of death.
The tradition persists today in most Irish
towns and cities. The black wreath is an
open invitation to friends and strangers
alike. All are welcome to share and lessen
our common mortality. An “Irish wake,”
thanks no doubt to Joyce’s widely acclaimed
and equally widely unread Finnegan’s Wake,
has come to be synonymous with a laughterfilled, if not drunken, celebration in the presence of the dearly departed. One thinks, too,
to a scene in that author’s other book that no
one has ever read cover to cover, Ulysses. In
a sidebar to a scene in a tavern, three maids
at a table are so overwhelmed with a joke
that they gasp, laugh past sounds to tears,
until one mutters as she finally starts to
recover, wiping her eyes, “O wept!” A
strange Irish phrase, that one still hears
today, to praise a really good joke.
So I claim cultural permission to use
pages devoted to the celebration of St.
Patrick’s Day for some thoughts and memories, public and personal, of the loss of the
most important Irish American in my lifetime, John Fitzgerald Kennedy.
“It was the end of the world,’’ says
Jack Connors. “… Kennedy made you
think everything and anything was possible. The Irish had never seen anything
like him. He wasn’t shanty, he wasn’t
lace-curtain, he wasn’t two-toilet, he
was crystal — Waterford crystal. And
then it shattered. Nothing was ever the
same again.’’
This is from a brilliant piece written
November 23rd last year in The Boston
Globe by Pulitzer Prize winner David M.
Shribman. Its title says it all: “His life ful-
filled the Irish dream. His death shattered
it.”
I was careless and thirteen that day. We
lived in Arlington, Virginia, across the
Potomac from the Capital. Kennedy’s election had affected my family directly. On the
heels of the Republican triumph in 1952, my
father, a Postal Inspector and FDR
Democrat, had been high enough in the hierarchy of the “non-political” Post Office to
have been banished from Postal
Headquarters in Washington to the wilds of
chasing mail fraud in Des Moines. Within a
month of Kennedy’s election he had been
appointed Deputy Chief Postal Inspector in
D.C. Our family soon followed.
For the first time in my memory, there
was some extra money to go around after the
bills were paid. I actually got a brand new
bike instead of my brother Bob’s hand-medown (which had been my brother Bill’s
before). I had an allowance and when
clothes were outgrown, I got new ones.
Even better were the intangibles.
When I heard Judy Collins speak at OCU
some years back, she spoke in passing of the
“Irish virus,” the alcoholism that had taken
huge and horrible bites out of her own life.
Suffice it to say that the same virus lurked
through my own large Irish family, wreaking
its unique and often silent forms of savagery.
In my mind’s eye it is a mist, a forest mist of
Celtic folklore, that subsumed the air in the
family home; a toxic mist of pure and
volatile ethyl alcohol, that in a spark would
flash an otherwise normal world into a version of Angela’s Ashes (Angela’s Ashes,
Frank McCourt’s 1996 Pulitzer Prize winning memoir, remains the definitive account
of what I would dub an Irish alcoholism of
the apocalyptic variety).
Jack Kennedy’s paternal great-grandfather emigrated to Boston in 1849. His maternal great-grandfather entered Boston some
years earlier, during the great Irish potato
famine. Down to the marriage of his parents
Joe and Rose, his genealogy has been documented and re-documented, and no doubt
has ever been cast on his pure Irish lineage.
I have read (imagine) more than my share of
material on Kennedy over the years, by
scholars admiring and revisionist, family
friends and enemies, dirt mongers and sycophants, academicians and nut jobs, and an
amazing throng rabid over any morsel of
scandal in the family tree. Interestingly,
though there are certainly allegations of
womanizing, dirty politics, Joe Kennedy as
rum runner for the mob during prohibition,
and much, much more, I have not found one
single report of any alcoholism in this huge
extended Irish family.
So it seemed to be when Jack Kennedy’s
rise to President elevated my family to a two
story brick home in Arlington, a sedate
Southern-feeling suburb that was certainly
upscale for us, but hardly fancy. In those
magical years of the Kennedy presidency, it
was as if the fresh new wind in Washington
blew away the miasmatic mist that had long
lingered in our own house.
Even in worse times, Sunday dinners had
always stood out in my childhood memories
as sanctuaries of fun and life. In a house
where my siblings and I rarely brought a
friend or a guest into the home, Sundays
were different. There were always twelve,
fourteen or more crammed around my
Mother’s prize, a huge walnut dining room
table, that on Sundays, with all four leaves,
nudged out into the living room. Somebody
was always home from college. It was
almost a rule that they had to bring anyone
home who would otherwise be languishing
alone in some dorm. My mother fried
enough chicken for an army, or made a roast
the size of a Buick. It was loud, constant,
good-natured but fierce argument, about
politics. Always politics. The only out of
bounds was to say anything bad about FDR
or the New Deal. But who would even think
such apostasy anyway?
During the Kennedy years, our little
Sunday dinners got even bigger, spilling into
a newly-bought outside barbecue contraption, and filling the living room with “TV
trays.” It was a grand and glorious time to be
alive, we thought.
Writing these words, and reading all the
much better prose that came out of some of
our best papers and magazines last
November, on the fiftieth anniversary of
JFK’s assassination, it is incomprehensible
that the vast majority of the readers of that
prose will never “know what it was like.” It
was heart wrenching to see the event
crunched into genre TV and radio pieces
devoid of any true emotional content,
though crammed with the usual sound bytes.
Just another President.
And does one hear Padraic, perhaps scolding that on this day, his day, we must celebrate Kennedy’s Irishness? Perhaps clamoring for the case to be made that he was our
first Irish president? Well, for this son of
Erin at least he was—and he wasn’t.
The Bus
Growing up within “shoutin’ distance” of
our Nation’s Capital in the sixties was wonderful in many ways. Long before any
thoughts of terrorism or metal detectors,
everything seemed accessible. As teenagers,
we would have midnight races up the steps
of the Washington Monument. As a pre-high
school little kid, with my little buddies, we
had the added perks of not only being
unstoppable brats, but invisible brats as well.
Who notices a couple of twelve-year-olds
who seem to know where they’re going? We
snuck in after hours and prowled the Capitol
rotunda in the dark. We rode the access-only
secret subway that ran from the House and
Senate office buildings during workdays.
Our magic carpet to all this was the bus.
Kid’s fare was fifteen cents. We would stop
at a transfer station at the Virginia end of
Key Bridge, get a transfer and either stay on
the bus or get on another one, cross the
Potomac, and from there-anywhere. Much
later I learned of the other reason for the bus
transfer station at the gates of the Great
Commonwealth of Virginia. In November
1963, almost a year before the Civil Rights
See IRISH, PAGE 8
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The Protective Effect of Exercise
would achieve 17.5 met hours of exercise
By Warren Jones
I have on many occasions (in these for that week.
The researchers compared the incidence
Briefcase pages and otherwise) sung the
praises of exercise. More often than not, I of kidney cancer among the 90,000 subjects
tout exercise primarily as a body weight who achieved less than 7.5 met hours per
management tool. The newest issue of week against those who achieved at least 7.5
Medicine and Science in Sports and met hours and against those who achieved
Exercise, the official journal of the more than 12.5 met hours and against those
who achieved more than 25.2 met hours per
American College of
week. Again, the exercise
Sports Medicine, contains
measured in the study was
a study reflecting the proeither walking or running,
tective effect of exercise in
but I firmly believe that
and of itself, i.e., regardother forms of aerobic
less of the impact of exerexercise, met for met,
cise on body weight.
would have equal effect.
Greater levels of physiHere are some met levels
cal activity are associated
of
some familiar activities:
with lower blood pressure
walking
at 2 mph elicits
and lower fasting glucose,
2.8 mets; 2.5 mph 3.0
and both of those would be
mets; 3.0 mph 3.5 mets;
expected to reduce the risk
3.5 mph 4.3 mets; 4.0 mph
of kidney cancer. The
5.0 mets; 4.5 mph 7 mets;
researchers in the study
5.0 mph 8.3 mets; biking at
wanted to identify whether
9.4 mph elicits 5.8 mets;
the risk of kidney cancer is
biking at 10 to 12 mph 6.8
reduced in relation to
Mets; 12 to 14 mph eight
Warren
Jones
exercise energy expendimets;14 to 16 mph 10 mets;
ture (by either walking or
running) in more than 90,000 men and 16 to 19 mph 12 mets; golfing - walking and
carrying clubs - elicits 4.3 mets; running at
women over a seven-year period.
“Met hours” of exercise were first deter- 4 mph will net 6 mets; 5 mph 8.3 mets; 6
mined. Met hours are determined by the mph 9.8 Mets; 7 mph 11 mets; 8 mph 11.8
combination of exercise intensity and exer- mets; 9 mph 12.8 mets; and resistance traincise duration. For example, one performing ing at a vigorous level will net 6.0 mets.
I’ve noticed that many of the different
an exercise that is equivalent to a five met
level for a duration 30 minutes will have forms of aerobic exercise equipment (treadperformed 2.5 met hours of exercise. If one mills, ellipticals, bicycles, etc.) likewise diswere to do that seven days a week, one play the met level at which one exercises. If
Ergo
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a new approach to the sit/stand work environment.
all else fails, if you know the number of
calories you’ve burned per minute in your
exercise bout, you can calculate your metabolic equivalent. Multiply your body weight
by .0175, and divide your cal burn per
minute by that number, and that will be your
met level. To then determine your metabolic
hours of exercise, multiply your met level
times hours, e.g., an 8 met level exercise
bout performed for 45 minutes would be 8 x
.75=6 met hours of exercise.
What were the results of the study?
Whether walking or running (it did not matter), the greater the number of met hours of
exercise per week, the less likely an incidence of kidney cancer. Against those individuals who achieved fewer than 7.5 met
hours of exercise per week, those who
achieved at least 7.5 met hours of exercise
had a 57 percent reduced risk, those who
achieved more than 12.6 met hours had a 65
percent reduced risk, and those who
achieved more than 25.2 met hours had a
71.2 percent reduced risk.
Now, exercise, performed at these levels,
does not guarantee that one won’t get kidney
cancer, but it clearly reduces the likelihood.
And while the numbers indicate that more is
better, a significant protective effect is
apparently available at merely 7.5 metabolic
hours of exercise per week. Achieving only
7.5 metabolic hours of exercise per week is
a piece of cake.
The above statistics are after adjustment
for body mass index. That is, Mr. Smith and
Mr. Jones each have a body mass index of
30, but Mr. Smith, who exercises 7.5 metabolic hours per week, enjoys the protective
effect unavailable to Mr. Jones, who does
not achieve that level of exercise.
Another interesting finding in the study
revealed the effect of taking blood pressure
medication or taking diabetes medication on
the likelihood of incident kidney cancer.
One takes blood pressure medication and/or
diabetes medication, of course, to control (or
lower) one’s blood pressure and one’s blood
glucose, but against those men and women
not needing such medications, those taking
blood pressure meds and those taking diabetes meds were 2.4 times and 4.1 times,
respectively, to contract kidney cancer. All
the more reason to put in your exercise if
you are on one or both of those meds. That
is, one taking medication but getting 7.5 met
hours of exercise per week has a 57 percent
lower risk than one taking meds and not getting in the exercise.
By the way, my daughter gave to me a
Christmas present a couple years ago that
has really helped me get up and move: a
Fitbit One. It is basically a fancy pedometer,
but I assure you that my wearing it causes
me to put in more exercise than I was doing
before she gave it to me. You might try it, or
the like, out.
Warren E. Jones, JD, HFS, CSCS, CEQ, is an
American College of Sports Medicine (ACSM)
Health Fitness Specialist, a National Strength
and Conditioning Association Certified Strength
and Conditioning Specialist, and a holder of an
ACSM Certificate of Enhanced Qualification.
His clients range from competitive athletes to the
morbidly obese. He can be reached at
wejones65@gmail.com or at 405-812-7612.
www.okcbar.org • March 2014 • BRIEFCASE 7
iBar Definitive Playlists
By Chris Deason and Judge Don Deason
When we were in Aspen last month (see related story in April), the subject of the late John
Denver and his music came up, triggering a fond memory of Don’s younger days. In the
summer of 1975, Don was working at Harrah’s casino in Lake Tahoe. As with most casinos,
various entertainers would have a show booked at the casino for a week or so at a time, and
tickets would be available for employees at a reduced rate for the late–late show. The big
event of that summer was when Frank Sinatra and John Denver teamed up for a five day run,
and all tickets were sold out almost immediately, leaving none for Harrah’s disappointed
employees. John Denver got word of that, and immediately assembled a group of his musical friends and put on a free show just for Harrah’s employees one night at 2 a.m., after he
had already appeared in two or three earlier shows that evening with Old Blue Eyes. It was
fantastic. Though only being a lukewarm fan of his music, Don has always thought of John
Denver as a stand-up guy because of that one night.
In November of 2011, we went to the Civic Center Music Hall to hear Paul Simon in concert. When we arrived, an usher told us that there was a problem with the sound system and
that the show would be delayed. Within a couple of minutes, Paul Simon came out, guitar in
hand, accompanied by a couple of members of his warm-up band, the Punch Brothers. They
set up in the lobby, not ten feet from all the concert goers, and launched into about a 45
minute acoustic set of his classic songs. The high point was when everyone in the lobby, and
all of those looking over the railings of the highest balconies, sang along with Simon to the
refrain of The Boxer. It gave us goose bumps. Eventually, Simon told the audience that the
problem was fixed, and he would see us inside. When he took the stage, he apologized for
the late start and promised to play a little extra to make up for it.
These days we are bombarded with stories about musical superstars with their entourages,
their extravagant contract demands, and egos run wild. We can’t think of very many musicians who would do what John Denver and Paul Simon did, purely out of joy and their love
for music.
Become a
Paralegal
Enroll in the Summer
Legal Assistant Education Program.
Enrollment deadline:
May 9, 2014
• No Prepayment Contracts
• Approved by the American Bar Association
• Saturday Classes
University of Oklahoma Law Center
Department of Legal Assistant Education
300 Timberdell Road, Room 3014, Norman, Oklahoma 73019
Marc Edwards and Nikki Jones Edwards (and Sam):
Nikki believes her lucky break came when Marc failed to excel in architecture school so he
settled for a law degree from the University of Tulsa College of Law in 1983. A director at
Phillips Murrah, Marc’s practice is in administrative law with a focus on public utility and
public pension systems. Due to the unique complexities of the cases, Nikki fondly calls Marc
“the janitor” because he cleans up after clients like George Clooney’s character in Michael
Clayton. Nikki, who graduated from OU College of Law in 1997, met Marc while she was
an intern in the labor law realm. She was assigned the important task of picking up a client’s
large check from Marc who had lost an appeal. Their eyes met. That was all it took. Marc
and Nikki dated f-o-r-e-v-e-r and we all thought they should close the deal already. Turns out
they were too busy traveling, dining, fly fishing, sipping wine and attending concerts performed by the likes of Paul McCartney and Jerry Jeff Walker (not all at the same time). Nikki
is now of counsel at Phillips Murrah, having practiced primarily family law for most of her
career. They finally married in 2005, and have a five-year-old son, Sam, who brings them
much joy. Marc coaches Sam in T-ball and basketball. Nikki is an enthusiastic sideline mom.
Look out! She was a cheerleader for the Chickasha Chicks.
Music has always been important to both Marc and Nikki. Marc won a contest on a local
radio station while in high school by “naming” America’s horse with no name “Richard
Milhorse Nixon.” Nikki’s mother was a lovely woman who exposed her daughter to an
eclectic mix of music. Their exploits included a first mother/daughter concert to see Cheap
Trick and Aldo Nova when Nikki was in the sixth grade. Nikki repaid her mother with a surprise sixtieth birthday trip to San Francisco to see Van Morrison.
The Edwards listen to music on satellite radio and Pandora. Sam prefers his iPad.
Marc’s all-time favorite songs:
Song Title
The Weight
All Things Must Pass
Indian Summer
All songs recorded by the
Pissin’ In The Wind (guilty pleasure)
Artist
The Band
George Harrison
Poco
Beatles
Jerry Jeff Walker
Nikki’s favorites and what she’s listening to now:
Song Title
Caravan
Wild Horses
What A Wonderful World
Here Comes My Girl
Hold On
Holding On For Life
Ain’t No Mountain High Enough
(guilty pleasure)
Artist
Van Morrison
Rolling Stones
Louis Armstrong
Tom Petty & The Heartbreakers
Alabama Shakes
Broken Bells
Marvin Gaye
Sam’s all-time favorite songs:
Song Title
You Are My Sunshine
What Does The Fox Say
YMCA
Artist
Sam Edwards
Alvin (of The Chipmunks)
From Despicable Me 2
For more information:
(405) 325-1726 or lae@hamilton.law.ou.edu
Department of Legal Assistant Education
OU Law Center
8 BRIEFCASE • March 2014
IRISH from PAGE 5
Act became federal law, buses in Virginia
were segregated. There was a yellow line
near the rear door of the bus. When the bus
would cross into Virginia, any “negroes”
would have to stand up and retreat to the
back of the bus. I only remember seeing the
yellow line, and being told its meaning, as a
junior or senior in high school, when, presumably its purpose had obsolesced. In my
years of pre-adolescent “freedom,” I don’t
even remember seeing it.
The hard fact was that the District of
Columbia was a rigidly segregated city, with
some of the meanest ghettoes in the nation.
In the late spring of my senior year in high
school, during the riots following Martin
Luther King’s assassination, many of the
neighborhoods through which my D.C. bus
rides gamboled, the F street corridor, neighborhoods around East Capitol Street, large
sections off North Capitol, burned to the
ground while looters were shot dead by
police and national guardsmen.
The Skinny Kid who was always sick
If you haven’t guessed that, at least in my
idealized memory, there are some striking
parallels between my own Irish family
upbringing, and that of John Fitzgerald
Kennedy in his, thirty years’ earlier, then
you haven’t been paying attention. The
Kennedy family dinners are legend. The
Kennedy family was fiercely competitive, as
was mine. Jack’s chief rival was his older
brother Joe. This was a mismatch in every
way. He was a year older, heavier, healthier,
stronger, more athletic, and always won
every athletic and academic prize for which
he competed, at the prestigious prep school
Choate and at Harvard. Jack was skinny and
sickly.
Sickly? This kid could have been the
poster child for sick. At three he had scarlet
fever so severe that the doctors gave him up
for dead, workaholic Joe Sr. took two weeks
off work, and Jack was either in a bed or
wheelchair for months. His crazy school
records — in and out of Choate and other
prep schools half a dozen times — stints at
Harvard, Stanford, Princeton, and then back
to Harvard; these were never due to his laid
back academic ways, which made him a
solid C student wherever he went. In academic America of the ’30s (of course this is
different today), having the equivalent of a
multi-billionaire father ensured entrance
into, and graduation from, any Harvard or
super-Harvard, had it existed.
Mystery illnesses — he was diagnosed
with diseases from spastic colitis to
leukemia and everything in between —
attacked the kid like a veritable plague. In
the middle of college the disease came that
stayed: his “bad back.” Still not definitely
diagnosed after seventy plus years, it was a
necrotic, progressive condition that caused
several surgeries, a metal plate inserted in
his back, horrible agony and was as profound and debilitating as FDR’s polio —
and as fiercely hidden from the public eye.
Joe’s money sent him to every one of the
absolute best medical facilities, some of
whose names still resound of quality: the
Mayo Clinic; Johns Hopkins; Harvard
Medical; Columbia Presbyterian. Jack was
no malingerer. You see his record at every
school - Choate and Harvard especially and it is the same. He plays freshman football (Joe did), and gets his ass kicked. He
tries other sports until he finally finds swim-
ming. There he never misses a practice,
wrenches the hell out of his frail skinny
body and wins.
In the face of all this, Jack was utterly
stoic. He never complained about his pain or
his illnesses. Much is made of this as a
Kennedy trait. I humbly submit that it is an
Irish trait. It just doesn’t work. Irish mothers
don’t buy it. (This is the real reason why so
many Irish American men marry Italian
women—but that is a story for another
time.)
I never had to battle illnesses growing up,
but I completely empathize with Jack’s battles with brother Joe. Bobby recalled that he
would run upstairs and hide whenever his
brothers fought. It was always that scary.
Once when Jack had challenged Joe to a
bike race, after more than doubling the distance and, of course, still losing, Jack “gave
up,” only to turn around and smash his bike
head-on into Joe’s, earning himself twentyeight stitches to close the gash in his arm.
As youngest of five male Irish boys, I can
freely testify that such fights make bar fights
(been there) and especially refereed school
“fights” (wrestling-briefly) seem like what
they are: play. It is not so much the damage
(though that can be considerable) as it is the
mind game. One pits ones soul, one’s entire
being, in a fight with no rules. The endgame
is utter personal humiliation. Whoever
coined the term “brotherly love,” was either
not Irish, or one with a sense of irony exquisite even beyond the Irish patent on the term.
The reverse side of the coin, which I see
in Jack’s later countless acts of personal and
public heroism, is that, if you are used to getting your ass kicked, and yet always jump up
to fight some more, nothing really intimidates you. In my humble experience, it was
a great asset when litigating at Legal Aid.
Preparing for litigation with a silk stocking
attorney representing a large insurance company against a scruffy “weak” indigent was
always a battle to the death for me, and I just
couldn’t wait to get in the ring.
We all love our brothers, of course, and
Jack would have surely died for any of his.
The love/hate of sibling rivalry, which Joe
Kennedy encouraged in all his family, will
remain a mystery for me and any who have
experienced it, but I feel that it somehow
strengthened whatever integrity I may be
fortunate enough to have today, and I have
no doubt that it did the same for Jack
Kennedy.
The Rich Kid
Joe Kennedy’s money con goes on. I challenge you to find his name on any Forbes
list or historical listing of wealthiest families
or men. This was the old man’s intention, of
course. He started making private trusts for
his wealth as early as 1924 — four major
ones by most accounts. Still, at his death in
1969, the New York Times estimated his personal net worth (not counting the fortunes
invested in, nor the income produced by the
trusts) at 500 million dollars. Given that
Howard Hughes was at the time the only
acknowledged billionaire on earth, that was
a heap of money. And in the depression, he
was even wealthier. Kennedy Sr. was worth
in the hundreds of millions of dollars before
the crash of 1929 — except that he had liquidated his entire stock portfolio in 1924.
Overnight, as the country’s wealth devalued
by a third, his wealth went up 300 percent.
The Irish’ struggles in Boston are chronicled in depth and insight in the Boston Globe
article referenced above. The fight in Boston
Statue of John F. Kennedy
was bloodier, and persisted longer, than similar struggles in the other big cities, New
York or Chicago. “I.N.N.A.” (Irish need not
apply), was not a want ad tag from the nineteenth century in Boston. It persisted into
Jack Kennedy’s adult life. The most
“vicious” slums of the nation were the Irish
slums of Boston. The Ku Kux Klan
remained bitterly anti-Catholic and antiIrish, and was a national presence well into
the depression.
This was the irony. Here was a family of
rich kids. In Jack’s own words, “I have no
firsthand knowledge of the depression. My
family had one of the great fortunes of the
world and it was worth more than ever then.
We had bigger houses, more servants, we
traveled more… I really did not learn about
the depression until I read about it at
Harvard.” Talk about the elder Bush being
born with “a silver spoon in his mouth.” He
was a piker next to the Kennedys. Jack
Kennedy was our richest president, far
wealthier than FDR. He was the only president to never take a dime of his salary. With
his family’s wealth and political connections, he could have been safe from any war,
as George W. Bush’s family kept him from
being sent to Vietnam; he could have bought
a Tahitian island like Marlon Brando and
spent the rest of his life yachting and sipping
mai tais.
When World War II began, Jack ran to the
nearest recruiting station and of course spectacularly flunked his physical. Joe Sr. used
his political influence to get him a second,
falsified physical, that allowed him to enlist
in the Navy. Joe Jr., who could also easily
have avoided the war altogether, went with
his father’s blessing, fought in Europe, and
came home in a serviceman’s coffin. Jack’s
PT Boat was split in half by a Japanese
destroyer in the South Pacific. He lived and
returned home a decorated war hero.
The Fighter Who Did It His Way
In reality, any Irish Kennedy family financial struggles were ancient history. Joe’s
father, “P.J.,” owned a coal company, was a
leading investor in Boston’s largest bank,
and was a ward boss and established community leader. Rose’s father John Fitzgerald
was born into financial security and attended the prestigious Boston Latin school. John
Fitzgerald went on to cement Jack’s place in
Boston’s Irish political pantheon with a thir-
ty year run as state senator, Ward boss, several time Mayor of Boston and one term
served as U.S. Congressman.
That Joe only used his inheritance as a
goad to quintuple and quintuple again the
family wealth; that the ultimate marriage of
wealth and political power in Joe and Rose
only made them maniacal in imparting competitiveness to their children (“Kennedys
win,” was the family mantra); these are key
to understanding Jack Kennedy and the
breadth of his triumph as President.
For Joe Kennedy and his family, there was
only one way-up. Mai tais on a beach was
never a thought, less an option. What might
seem an aberration is actually painfully ordinary. Exactly like every other Boston
Irishman, they wanted to be American. “I
was born here. My children were born here.
What the hell do I have to do to be an
American?” Joe Kennedy railed. Joe
Kennedy never got over his bitterness, even
when Jack won the Presidential election,
seeing it as merely the long overdue triumph
over Boston’s Brahmins and America’s antiCatholic, anti-Irish prejudices.
Almost without exception, Jack
Kennedy’s many teachers’ comments about
him included these two points: 1) They
could not understand his mediocre grades
since he was obviously very bright; but 2)
they admired his independence of thought
and ability to explain it without rancor.
Jack’s father served as America’s pre-war
ambassador to Britain. While his father’s
mouth and pacifism were leading him to his
eventual unceremonious recall, Jack was
using his father’s influence to get him into
all kinds of dangerous and invaluable
European places, such as Nazi-occupied
slave work factories. He turned his whirlwind tour into a 164-page Harvard thesis;
which then quickly morphed into his first
book, a runaway bestseller, Why England
Slept.
When Jack ran for President, he would
honor all the Irish obligatory political
events, but in his way. At the end of the campaign, stumping through Massachusetts, he
made three obligatory stops for Knights of
Columbus rallies, planned a year in advance,
but tore up their scripts and talked about
what he was planning to do as President.
“Ask not what your country can do for
you. Ask what you can do for your Country.”
To his fellow Irishmen, he might have been
saying, “Ask not what America can do for
you, now that, at long last, you are a part of
this great country. Ask what you can do, as
an American, to make it better.” In one
speech, he grabbed the rest of America by
the throat and let them know that he was an
American to be respected. As historian Doris
Kearns Goodwin has written, “From his
grandparents on his father's side, he inherited a certain self-possession and dignity of
bearing which his father never achieved.
Like P.J. Kennedy, John Kennedy commanded respect and attention from all who
came in contact with him.” If not in that one
speech, certainly in the 100 days to come,
Irish Americans disappeared as apolitical
minority. Americans — and the world —
embraced this man and his vision as ours,
and quickly forgot about his origins.
Forgot is perhaps the wrong word.
“Didn’t care about” might be truer. The
Kennedys kept true to their Irish roots.
They let the media dub them the “Kennedy
clan.” Jack visited the village of his family’s
See IRISH, PAGE 15
www.okcbar.org • March 2014 • BRIEFCASE 9
10 BRIEFCASE • March 2014
Bar Observer
Crowe & Dunlevy Attorney
Named General Counsel for
OKHR
Courtney Warmington, labor and
employment attorney for Crowe &
Dunlevy, was recently named general counsel for the Oklahoma Human Resource
Society (OKHR).
Warmington, a director and member of
the firm’s Labor & Employment practice
group, has successfully represented management in cases brought by employees
under Title VII of the Civil Rights Act, the
Americans with Disabilities Act, the Age
Discrimination in Employment Act, the
Family and Medical Leave Act, Oklahoma
workers’ compensation laws and the Fair
Labor Standards Act. Warmington has also
worked with employers in dealing with
administrative agencies such as the Equal
Employment Opportunity Commission, the
Oklahoma
Employment
Security
Commission
and
the
Oklahoma
Department of Labor. In addition,
Warmington serves as an administrative
law judge at the Oklahoma Department of
Labor.
She is a member of the labor and employment law section of the American Bar
Association and the Oklahoma Bar
Association. She also serves on the
Oklahoma City University School of Law
Alumni Association board of directors and
is a member of The Luther L. Bohanon
American Inn of Court. Warmington is listed in Chambers USA, The Best Lawyers in
America and Oklahoma Super Lawyers.
She has also achieved a BV peer review rating given by LexisNexis MartindaleHubbell.
OKHR is a nonprofit state affiliate of the
Society for Human Resource Management.
Leading Environmental Law
Expert Joins Crowe &
Dunlevy
Crowe & Dunlevy recently announced
that Mary Ellen Ternes, a noted industry
expert in environmental law and practice,
has joined the firm’s Environmental,
Energy & Natural Resources and Litigation
& Trial Practice Groups as a director in the
Oklahoma City office.
Ternes’ expertise includes advising
clients on matters of environmental permitting, compliance strategies, enforcement
defense, environmental assessments, transactions and due diligence, voluntary cleanup practices, environmental impact statements and federal and state administrative
proceedings and litigation. Her chemical
engineering experience includes hazardous
waste management, contaminated site
remediation and combustion processes and
permitting. Her combined careers in engineering and law have allowed Ternes to significantly contribute to civic and professional organizations through various leadership positions and served as a basis for her
extensive publications.
In addition to her practice and publications, Ternes has served as a leader within
multiple professional organizations, including the American Bar Association,
American College of Environmental
Lawyers, American Institute of Chemical
Engineers and the Air and Waste
Management Association. She is also a
member of the environmental law sections
of several state bars, including Oklahoma.
Ternes is recognized by her peers and
clients as a leader in environmental law.
She is listed in Chambers USA Guide to
America’s Leading Lawyers for Business;
The Best Lawyers in America, where she
was also named 2011 Oklahoma City
Environmental Lawyer of the Year;
Oklahoma Super Lawyers, in which she has
been named as a Top 25 Women Oklahoma
Super Lawyers; International Who’s Who of
Environment Lawyers; and is an American
College of Environmental Lawyers Regent
and Fellow.
She serves currently as a Ward 3 commissioner for the City of Nichols Hills, Okla. as
well as a member of the Oklahoma Chapter
of the International Women’s Forum and is
former secretary for Vanderbilt University
School of Engineering Alumni Council.
She received her Bachelor in Engineering,
Chemical Engineering from Vanderbilt
University in 1984 and her Juris Doctor
with high honors from the University of
Arkansas at Little Rock in 1995. Ternes is
admitted to practice law in Oklahoma,
Arkansas, South Carolina, District of
Columbia, U.S. District Courts for the
Eastern and Western Districts of Arkansas,
U.S. District Court for the Western District
of Oklahoma and the U.S. Court of Appeals
for the 10th Circuit. Prior to entering law
school, Ternes worked for many years as a
chemical engineer, first for the
Environmental Protection Agency and then
for industry.
Benchmark Litigation
Names Crowe & Dunlevy 2014
Oklahoma Firm of the Year
Benchmark Litigation, the annual guide
to the United States’ leading litigation firms
and attorneys, recently named Crowe &
Dunlevy the 2014 Oklahoma Firm of the
Year.
Firms that receive this award are recog-
nized for the gravitas of their case matters
during 2013, including potential precedent
set or verdicts with notably high dollar
amounts at stake. Only one firm per state
receives this award each year.
Crowe & Dunlevy is one of the largest
firms in Oklahoma with approximately 130
lawyers in two offices and more than 30
practice groups. For over a century, the firm
has advised clients ranging from individuals to Fortune 100 companies.
The firm also achieved the highest level
of ranking in the 2014 editions of
Benchmark Litigation and Benchmark
Plaintiff, the annual guide to the United
States’ leading plaintiff firms and attorneys.
Both publications recognized Crowe &
Dunlevy as a Highly Recommended firm, a
designation held for firms that consistently
receive the most mentions by peers and
clients. Firms with the Highly
Recommended distinction are generally
regarded as dominant in their particular
jurisdiction. Several of the firm’s attorneys
also received individual distinctions for
their work.
Carsey Joins
Rischard Law PC
Rischard Law PC of Oklahoma City
announces that Daniel V. Carsey has joined
the firm. His practice will focus on business
litigation with a specific emphasis on
employment, energy, insurance, debt collection, foreclosure, bankruptcy and insolvency matters. He earned his J.D. from TU
in 2005, graduating with highest honors.
After graduating, he clerked for Judge Earl
S. Hines at the U.S. District Court for the
Eastern District of Texas. Carsey joins
Rischard Law PC from the Oklahoma City
office of Conner & Winters.
Benchmark Litigation
Recognizes the Firm, and
Six GableGotwals Attorneys
Six GableGotwals attorneys and the Firm
overall have been recognized by
Benchmark Litigation as displaying the
ability to consistently handle complex,
high-stakes cases in multiple jurisdictions.
Overall, GableGotwals has been named a
Highly Recommended Firm by Benchmark
Litigation, meaning peers and clients consistently recognized the Firm as dominant
in our particular jurisdiction.
In addition, attorneys David Bryant,
David Keglovits, Graydon Dean Luthey,
Rob Robertson and James Sturdivant,
have been identified as Local Litigation
Stars. The designation means that these
attorneys were consistently recommended
as reputable and effective litigators by their
peers. Brad Welsh was included this year
as a “Future Star” which reflects that his
peers and clients referenced that he was
likely to become a “Local Litigation Star”
in the future. Oklahoma had a total of seven
“Future Stars” and 45 “Local Litigation
Stars” selected.
Each GableGotwals attorney was honored in the following areas:
David Bryant - Insurance, Environmental
and Energy; David Keglovits - General
Commercial, Insurance, Construction and
Energy; Graydon Dean Luthey - General
Commercial, Securities, Energy and Native
American; Rob Robertson - General
Commercial and Energy; James Sturdivant
- Anti-trust, General Commercial,
Securities and Energy; Brad Welsh - areas
of law are not defined for “Future Stars”
Benchmark is the only publication on the
market to focus exclusively on litigation in
the US and is considered the definitive
guide to America’s leading litigation firms
and attorneys. The guide’s results are the
culmination of a six-month research period
that allows researchers to conduct extensive
interviews with litigators and their clients.
During these interviews recent casework
handled by the firms is examined and
sources are asked to offer their professional
opinions on litigators practicing within their
state or national practice areas.
GableGotwals Selected
as Go-To Firm
For the third year in a row, GableGotwals
has been selected as a Go-To Firm for the
top Fortune 500 companies. The selection is
based on data gathered from companies’
General Counsel in addition to various key
databases. According to Corporate Counsel
magazine, less than one half of 1 percent of
all law firms are included in the magazine’s
“Go-To Law Firm” list. The list is limited to
those law firms that general counsel at the
world’s leading 500 companies rely upon
routinely and for the most critical matters.
Fischer Elected President of
the Foundation of the
International Association of
Defense Counsel
Foliart, Huff, Ottaway & Bottom is
pleased to announce that Amy Sherry
Fischer was elected as President of the
Foundation of the International Association
of Defense Counsel at its mid-year meeting
in California. The Foundation for IADC has
a significant impact on the civil justice system by serving as a platform for educating
the public on current litigation issues, and
supporting the integrity of legal systems
globally.
www.okcbar.org • March 2014 • BRIEFCASE 11
U.S. District Court Clerk
Robert D. Dennis Retires
United States District Court Clerk Robert D. becoming the Court Clerk in 1985, Dennis served
(“Bob”) Dennis will be honored at a ceremony on as an Assistant United States Attorney for the
Monday, March 31, 2014, at 2:00 p.m., in the cer- Western District of Oklahoma, District Counsel for
emonial courtroom at the federal courthouse.
the United States Small Business Administration,
Dennis is retiring on April 1,
and Assistant General Counsel at
2014 after 41 years of federal
the Oklahoma Department of
service, 28 of which were spent
Public Safety. Dennis also had a
as Clerk of the United States
distinguished military career conDistrict Court for the Western
currently with his full-time civilDistrict of Oklahoma.
ian jobs. He began as a private in
During his tenure with the
the Oklahoma Army National
court, Dennis contributed to
Guard and was later reassigned to
judicial administration locally,
the Oklahoma Air National Guard
nationally, and internationally.
as a commissioned officer. Dennis
He served as the local chapter
retired in 1995 from the military
president of the Federal Bar
reserves as a lieutenant colonel.
Association, served on the
Dennis is a recipient of the Air
Judiciary’s District Clerks
Force Achievement Medal, Air
Advisory Group, and participatForce Commendation Medal, Air
Robert D. Dennis
ed with the USAID Judicial
Force Meritorious Service Medal,
Reform project in Jakarta, Indonesia. In 1996, Airman’s Medal, Republic of Vietnam Campaign
Dennis received the Director’s Award for Medal, and Vietnam Service Medal.
Outstanding Leadership for his role in the afterIn his retirement, Dennis is looking forward to
math of the bombing of the Alfred P. Murrah traveling, strumming his guitar, mountain hiking,
Federal Building in Oklahoma City.
reading, and spending time with friends and famiDennis received his Bachelor of Science degree ly, especially his two wonderful grandchildren. He
in Forestry from Oklahoma State University in also plans to continue public service as evidenced
1967 and his Juris Doctorate degree from by his working this summer at Roosevelt Lodge in
Oklahoma City University in 1973. Prior to Yellowstone National Park.
Waterfall in Yellowstone National Park
12 BRIEFCASE • March 2014
Stump Roscoe
By Roscoe X. Pound
Dear Roscoe: My client provided the
concrete for a commercial building under
construction. He filed a lien, but the
court entered a declaratory judgment
determining his lien improper. We then
filed suit on the account, also seeking
quantum meruit relief. I’ve now received
a Motion to Dismiss, arguing that the
declaratory judgment rendered my
client’s account uncollectible. What do
you think? M.R., Norman, OK.
Dear M.R.: If you’re giving me the
whole story, sounds like someone’s trying
to make the tail wag the dog. As discussed in 51 Am.Jur.2d Liens § 13
(2011):
As a lien is a right to encumber property until a debt is paid, it presupposes
the existence of a debt. If there is no debt
in the first instance, there is no need for
a lien, so a lien cannot legally exist or
attach. In other words, without a debt,
there can be no lien. Although a lien is an
incident of, and inseparable from, the
debt it secures, it is distinct from that
debt; liens relate to assets or collateral,
while the indebtedness underlying a lien
appertains to a person or legal entity (the
debtor).
So, look at the definition of “debt.”
The first definition Black’s offers for
“debt” is “[l]iability on a claim; a specific sum of money due by agreement or
otherwise.” Black’s Law Dictionary 410
(7th ed. 1999). Accordingly, as soon as
your client began to provide goods and
services, such a debt came into being,
i.e., “a specific sum of money became
due” by virtue of the services rendered.
The maxim that services rendered give
rise to a debt is as old and universal as
the maxim that a lien presupposes a debt.
To illustrate:
“Winter argues that a valid damages
award is dependent on a valid lien. We
reject this argument because it is the
existence of a debt, or in this case, a
damages award, that allows for the existence of a lien, not the other way around.
51 Am. Jur. 2d Liens 13 (2009). Because
a lien is a right to encumber property
until a debt is paid, it presupposes the
existence of a debt. If there is no debt in
the first instance, there is no need for a
lien, so a lien cannot legally exist or
attach. In other words, without a debt,
there can be no lien. Although a lien is an
incident of, and inseparable from, the
debt it secures, it is distinct from that
debt; liens relate to assets or collateral,
while the indebtedness underlying a lien
appertains to a person or legal entity (the
debtor). Id”
Winter v. Pleasant, 2010 WY 4, 222
P.3d 828.
DONATION from PAGE 1
and the OU College of Law library to
underwrite subscriptions for real estate and
mineral interest treatises. Additionally,
OKCRPLA gives an annual academic
award to an outstanding real property student from both OU and OCU; students are
nishings for its new media room,” said
Barbara Bowersox, the group’s current
president. “We’ve also been able to make
gifts to the OCU School of Law Library
Dear Roscoe: I’m returning from
Denver where I argued a case before the
10th Circuit. The attorney arguing a case
ahead of me became quite, shall we say,
impassioned. One Judge warned him
about “violating Godwin’s Law.” It got a
laugh, so I guess I’m one of the few people not clued in. It’d be nice to have an
answer waiting for me when I get back.
G.F., Tulsa, OK.
Dear G.F.: I Don’t get many emails
from Tulsa. Nice to know the OCBA, or at
least the Briefcase, draws in folks across
the Sooner State. Hmm, you expect an
answer to a question that you ask in midFebruary to a column that won’t hit print
until late March by the time you get back
to T-Town from Denver? Who’s bringing
you home, the Amish?
OK, Godwin’s Law. It was originated
by a guy named Richard Sexton, but
made popular by attorney/author Mike
Godwin. It states: “As an online discussion grows longer, the probability of a
comparison involving Nazis or Hitler
approaches one.” It is related to the
“reductio ad Hitlerum” posited by Leo
Strauss back in the Fifties. As a form of
ad hominem, the latter compares an
opponent’s argument to something Hitler
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has said, or might say.
Unlike the ad hominem, however,
Godwin’s Law did not originate in rhetoric and is not a true logical fallacy.
Instead, it simply posits that the longer
and more heated an argument grows, the
more likely it is that someone will eventually resort to responding to a contrasting
viewpoint by making a comparison to
Hitler or the Nazis. The term originated
in reference to message boards, chat
rooms, and other internet fora. It could
be applied to any type of discourse, however, once the rational arguments devolve
into hyperbole.
Kudos to the Tenth Circuit for displaying such tech savvy. Hope you remember
the case to report back to us, G.F. I’d be
willing to wager the advocate stooping to
the usage comes up on the short end of
the case.
Well, if you keep an eye on The
Weather Channel, you’ve no doubt
noticed that Jersey has been struck with
several bouts of “Snowmageddon”. Even
as I write this, my back still aches from
shoveling the front walk. Never a kid
around when you need one. I can navigate pretty well on snow and ice, and the
need to do so is minimized somewhat by
living in a neighborhood that boasts a
city councilman, a State Assemblyman,
and a Freeholder (what you folks out
there call “County Commissioners”)
among its denizens.
I do need to report, however, that the
hunt for the missing film classic took on
a decidedly ominous turn of late. I had
gone through the briefcase of material
Mr. Crenshaw had entrusted to me. It
took me a couple of days to distill everything to a useful summary. Sylvia Cioffo,
Crenshaw’s gal Friday, proved both helpful and a joy to work with in the process.
Except, of course, she took off early each
Friday and most of Saturday, that time
devoted to the growing romance between
her and our own Junior DeGroot. Quite
nominated by faculty members from each
law school. OKCRPLA meets on the second Friday of the month, at 7:15 a.m.
(except for July and August) at the
Community Room on the 3rd floor of 50
Penn Place, 1900 N.W. Expressway,
frankly I couldn’t be happier for them.
Apparently, Crenshaw felt the same way.
Of course, the fact that Junior had all but
officially taken up residence in
Crenshaw’s spare room provided an
effective talisman against things that may
go bump in the night. I noticed long ago
that scary people tended to give Junior
fairly wide berth.
I was on my way up to Crenshaw’s
when the call came in. The track of
London After Midnight I thought most
promising ran through a French language
version last legally held by a theater
owner named Frederic Blum in 1937.
Crenshaw and friends had scored a major
coup by tracking a descendant of Mr.
Blum’s to a luxury high rise on the Jersey
side of the Hudson. Given that Junior had
to appear in Essex County court, Sylvia
agreed to contact the Blum scion and
bring him to meet with us at Crenshaw’s
home. I had gotten better than halfway to
Englewood when I received Sylvia’s call.
She had made it to Mr. Blum’s condo,
but no one answered the door. It was
unlocked. She ventured inside, worried
that something may be wrong with the
elderly gentleman. She found the place
very thoroughly ransacked. She was
about to get out and call the police when
she realized she was not alone in the
apartment. She locked herself in the bathroom, and called me, for whatever reason, rather than the police. She asked me
not to call them either. Given my distance, the traffic, and the snow, I was in
no position to play minuteman. With a
desperation born of necessity, I called
Daddy Mike who I thought might be in
the area. Fortunately, he was. Admittedly
without regard for legality, I performed a
quick U-turn, earning me the enmity of at
least a half-dozen fellow motorists, as
well as several pedestrians who ended up
in the slush between the street and the
curb.
Oklahoma City, OK 73118
The opening of the Oklahoma County
Law Library Media Room is March 28 at
11:00; everyone is encouraged to attend
this event.
www.okcbar.org • March 2014 • BRIEFCASE 13
Tobias was drawn to Buddhism because, for her, it defined reality. She has traveled to China, Vietnam, Japan and Tibet and Tobias states she views Buddhism more as a philosophy and a way of life than a religion.
PROFILES from PAGE 1
review, but as her belly got noticeably
bigger, the law school debated whether it
was appropriate for her to stay on law
review. In the end, she was allowed to
remain on the law review. The “brew-haha,” as Tobias described it, highlighted
the very real problem of lack of women
in law and prepared her to face the challenges of being a woman in a male-dominated field.
After graduating, Tobias accepted a
position with Bulla and Horning. Phil
Horning asked Tobias to write a brief on
a case that was set for a hearing in front
of Judge Luther Boyd Eubanks. Tobias
wrote the brief and, soon after submitting
it, received a letter from the Judge’s
office stating Tobias should arrive fifteen
minutes prior to the setting. Scared and
unsure, Tobias stood among others in the
outer chambers of the Judge’s office.
The Judge appeared and, looking at no
one in particular, asked, “Who’s Haven
Tobias? I want to hire Haven.” Shocked
but quick to respond, Tobias raised her
hand and replied, “I’m Haven and I
accept.” Tobias remembers the obvious
look of surprise on the Judge’s face when
he saw that Tobias was a female. He didn’t say anything and simply proceeded to
the bench and announced to the parties
that he had to recuse himself from the
case because he had just hired opposing
counsel. Tobias clerked for Judge
Eubanks for four years and although she
never saw any direct repercussions from
the other Judges towards Eubanks for hiring a female, she knows he received a lot
of “flack” for it.
Tobias wanted to spend more time with
her daughter so, after leaving her position
with Judge Eubanks, she started a private
practice in Norman. She loved being so
close to home and having the freedom to
mother her daughter, but she realized she
didn’t like being a private practitioner. As
chance would have it, she wrote a brief in
one of her cases and, as a result, was
offered a job by an attorney involved in
the case, Robert S. Baker. At Baker,
Baker and Smith, she once again found
herself juggling long hours with mothering her daughter. There weren’t any
female partners in the area with whom
she could commiserate and certainly
there were no women on the US or
Oklahoma Supreme Courts to look to for
inspiration. However, she was committed
to finding a work – life balance and made
it clear that her family was her priority.
If she worked until 9pm one night, she
would be sure to come in late another
day.
Tobias changed firms when she decided to leave trial work and focus on appellate work. Tobias “loved being able to
focus not on facts but on two theories of
law, usually with reasonable arguments
on both sides.” She joined Pierce, Couch,
Hendrickson, Baysinger and Green in
1992. Tobias led the group’s appellate
practice and continued to write compelling briefs. Supreme Court Justice
Marian Opala asked Tobias to be on the
OUJI committee after reading something
she wrote. He also had Tobias give the
lecture on summary judgments whenever
he taught a law school course.
In 1999, Tobias became a student of
Buddhism and, in 2002, she chose to
reduce her work hours and travel. Over
the following years she traveled to China,
Vietnam and Japan. She was drawn to
Buddhism because, for her, it defined
reality. Tobias states she views Buddhism
more as a philosophy and a way of life
than a religion. She loves that it emphasizes compassion. Tobias states, “The
older I get the more I see that the only
way to overcome the follies of human
nature is to show compassion.”
In 2012, Tobias fully retired and traveled to Tibet. Tobias recalls that she was
“lucky” to have been allowed entry into
the country. She said that at the time of
her trip, China had closed the area to
tourists. An optimist, Tobias boarded a
train and rode for over two days with
hopes that the border would be opened by
the time she arrived. As her train pulled
into the station, she still didn’t know if
she would be allowed entry. When she
was eventually given permission to get
off the train, she knew she could enter.
Armed Chinese soldiers stood at all inter-
sections and although tensions were high,
Tobias remembers she “never felt hassled
by the Chinese, even though she was a
Buddhist.” Shortly after she departed
Tibet, two monks set themselves on fire
near the hotel where she was staying and
the Chinese closed the borders again.
Tobias has led creative writing groups
and published articles in the Norman
Transcript regarding her travels and
Buddhism. She is currently an instructor
for the Osher Life-Long Learning
Institute (OLLI) at the University of
Oklahoma. OLLI is a program designed
to promote the education and personal
growth of older adults. When OLLI
decided to offer a meditation seminar for
the first time, they approached Tobias.
Tobias created the syllabus and was
thrilled when twice as many people
enrolled in the class than expected.
Tobias describes the class as a gift from
the universe and is considering teaching
a new class with a colleague on Classical
and Contemporary Buddhism.
Tobias, 71, considers her life a work in
progress. As she wrote in a December
2010 article, “I’ll keep working on [finding balance]. In the words of zen master
Shunryu Suzuki, ‘We’re all perfect just
as we are. And we could all stand a little
improvement.’”
14 BRIEFCASE • March 2014
Dacia Abel
Ed Abel
T. Luke Abel
Joseph T. Acquaviva, Jr.
Mariano Acuna
Lisa Adams
Ore Adesina
Diane Adkins
John A. Alberts
Doug Aldridge
Hilary S. Allen
Terrie Allen
Michael A. Anderson
Richard Anderson
Scott Anderson
Frances J. Armstrong
Jaclyn M. Arnold-Shafer
Sonia Ates
Jon Austin
Julie Azure
D. Lynn Babb
Connie Bachman
Gary C. Bachman
Samantha Bachman
Stephen D. Bachman
Tamara A. Bachman
Brad Baldwin
Marianne Ballard
Holly C. Barrett
Rachelle Batson
Blake Beeler
Terry Benear
Mike Bickford
Brigitte Biffle
Kelly Bishop
Jeff Black
Ken Blakley
Denise Block
Andy Bogert
Ted Bonham
Chris Box
Jared R. Boyer
Karen K.D. Brady
Charles Braun
Douglas Brenner
Amber M. Brock
Michael Brooks
Richard K. Brooks
Thomas D. Brower
Elisabeth Brown
Glenda Brown
Vance Brown
Daniel E. Bryan
Brandon Buchanan
Cristi L. Bullard
Kelley Bullard
Barbara K. Buratti
Lynne Buskirk
Jay Buxton
Sharon Byers
Cynthia A. Byler
Tim D. Cain
Phyllis M. Calvert
Allen Campbell
Jim Canton
Doug Carel
John P. Carrell
Melinda D. Carrell
Carol Carrier
Dr. Micah Carter
Toni Caruso
Larry G. Cassil, Jr.
Bonnie S. Catlett
Donna Cecrle
James Chaney
Tracey Chavez
Tim Cheek
Sherri Chitwood
Cathy Christensen
Benjamin Taylor Clark
Alice Clary
Jan Clifton
J. Steven Coates
Mary Cody
Dennis J. Coker
Seth D. Coldiron
David H. Cole
DeAnna M. Cole
Shannon Condor
J. Chris Condren
Kent Cook
Deborah A. Cooke
Chris Corey
Kelley L. Cornelius
Linda Correa
Dale Cottingham
Dean Couch
Elizabeth Council
Stephanie Cox
J.W. Coyle
Robyn Crandall
Lateresa Crawford
Linda Crist
Ryan Cunningham
Jeff Curran
Ciara Curtis
Michelle Curtis
Bob Dani
Thomas J. Daniel
Mark Davidson
Tom Davidson
Steven C. Davis
Kristin M. Denton
Michael D. Denton III
Michael D. Denton, Jr.
Darren Derryberry
Larry Derryberry
Donald E. DeSpain
Jerry Dick
Kathy Dick
Jodi W. Dishman
Jay Dobson
Nancy Dobson
Page Dobson
David Donchin
Megan Dowd
Timothy C. Dowd
Matt Dowell
Kelly Dragos
Brenda Dryer
Richard Dugan
Karen Duke
Sidney G. Dunagan
Don Duncan
Gerald E. Durbin
Mike Dye
Troy Earley
William A. Edmondson
Sally Ketchum Edwards
William K. Elias
Elizabeth Elliott
Ronette Tindall Ellis
Peter Erdoes
Amanda Essaili
Stephen G. Fabian
Paul Faulk
Caroline Featherstone
Matt Feldy
Kristin P. Fenninger
Roberta B. Fielch
Pamela J. Fields
Mark Folger
Diana S. Fortune
Vincent Friederich
Matthew Frisby
F. Andrew Fugitt
Shawn Fulkerson
Veronica Galaviz
Bryan Garrett
Mark Gautreaux
Kelly A. George
Wendy Gerdes
DeeAnn Germany
Jim Gibbs
Alyson Gildner
John Gile
Shiela Gilley
Dearra Godinez
Joseph K. Goerke
Everardo Gonzales
Debbie Goodwin
Jan C. Goodyear
Robert Goolsby
Cara Gorden
Kevin Gordon
Kara Graham
Ben Graves
Gerald P. Green
Ginger Griffin
Lynn Groves
Valeria Grudanova
Kathy Guillet
Andy Gunn
Alex Haley
Joel Hall
Inona Jane Harness
Audra Harris
Andrew Harroz
Daniel Hart
Philip Hart
Robert Haupt
Bobby Hawkins
Gaylon Hayes
Angel Head
John B. Heatly
Russell Hendrickson
Don Herring
Kelli Hilgenfeld
Frank Hill
Kevin Hill
Frank Hinton
My My Hoang
Dan Hoehner
Mark Holmes
Hailey Hopper
Richard E. Hornbeek
Thomas W. Hosty
Mary Houston
David F. Howell
James F. Howell
Eric L. Huddleston
Steve Huddleston
Fred Hudson
Julie Huffman
Candy Hulsey
Corey Hulsey
Rodney Hunsinger
David D. Hunt II
Cheryl P. Hunter
Beth Huntsman
J. Roger Hurt
Ariane Hyatt
Matt Hyde
Meagan Ishmael
Donna J. Jackson
David Jacobson
Gary James
Bryce Johnson
Mindy Johnson
Natasha Johnson
Nick Johnson
Sharon Johnson
Robert L. Johnston
Cindy Jones
Cody B. Jones
Jake Jones
Lisa M. Jones
Ron Jones
W. Matt Jones
Laurie D. Judy
Perry Kaufman
Tom Kendrick
Lindsay Kerr
Stephanie L. Khoury
Jim Kirk
Nevin Kirkland
Gina Knight
John A. Krahl
Kevin E. Krahl
John M. Krattiger
Christy Kretchmar
Jon Laasch
Robert S. Lafferrandre
Teresa Lambert
Julie A. Lane
James K. Larimore
Tammy Larsen
Doris Lauderdale
Gary Lauderdale
Mike Lauderdale
Debra J. Lawson
Ken Lawton
Julie LeBlanc
Taber LeBlanc
Matt Lemley
John C. Lennon
Jenelle LePoint
Ashley Lopez
Taren R. Lord-Halvorson
Amy L. Loughridge
Matthew Love
Justin Lowe
Marcella Macias
Mark W. Malone
Tifany Manning
Joey Marks
Steve Marler
Tracey D. Martinez
Jeffery W. Massey
Debbie L. May
Karla McAlister
Lloyd G. McAlister
Michael McAtee
Michael McBride
Stephen L. McCaleb
Gary McClanahan
Joi McClendon
Jacqueline McCormick
James Michael McCoy
Kevin McCray
Tanika McGee
LeAnne McGill
Karl McLendon
Kelley McLendon
Ramey McMurray
Marcus Mears
Alisha F. Mehrhoff
Robin Merrill
Pat Meyer
Richard Mildren
Benjamin D. Miles
Andrea Miller
Kevin L. Miller
Terrell Monks
Richard Morrisette
J.J. Moses
Lindsey W. Mulinix
Riley Mulinix
Russell Mulinix
Glen Mullins
Michael Mullins
Benjamin Munda
Brenda L. Mundell
Dan Murdock
Kyle Murphy
Janice Murray
Carol Naifeh
Robert N. Naifeh, Jr.
Lane R. Neal
Donald B. Nevard
H. Anne Nicholson
Cara S. Nicklas
Mike O’Brien
Mary Oberly
Sherry Oden
Richard Ogden
Emily Oliva
Stephen Olson
Vanessa A. Orta
Laurie Ortiz
Zach Oubre
Steve Parker
Richard Parrish
Sarah Lee Gossett Parrish
William Parrish
Trevor Pemberton
Steve Peterson
Jack Petty
Stephen M. Pike
Ross Plourde
Janice Ponder
Hillari Pool
Ashley Powell
Barbara Powell
Kelly Pruden
Tony Puckett
Estella Quinones
Ashley Rahill
Natalie Ramsey
Ryan J. Reaves
Brad Reeser
Kevin Rehl
Sharon Reid
Christopher S. Reser
Eric Reynolds
Nancy Reynolds
Barry Rice
Douglas A. Rice
Nathan D. Richter
Todd Riddles
Tom Riesen
Syliva G. Rivera
Karolina Roberts
Rob Robertson
Faye Rodgers
Armando Rosell
Christine Ross
Malia Ruiz
Andrew Sachs
Kelly Sachs
Jake Sandlin
Debra J. Sapp
Stephen Schaus
Shawn Schlinke
Sarah J. Schumacher
G. Blaine Schwabe, III
Jann Schwabe
Mary Scott
Michael Scott
Heather Seaton
Jerry Sepkowitz
Jamie K. Sexton
Barry Shadid
Dane Shadid
Dorene Shadid
Jerome Shadid
Randel Shadid
Elizabeth R. Sharrock
Heidi Shelton
Rachel R. Shephard
Jennifer Sherrill
Jack Shrader
Merl W. Simmons
Roe Simmons
Rona J. Simmons
Tara Simmons
Kristin Simpsen
David Slane
James Slayton
Lorene Smith
Jim Snoddy
Elizabeth A. Snowden
Kimberlee Spady
Jessica Speegle
Mark Spencer
General Thomas Stafford
Matt Standard
Felicia Stevens
Kim Stevens
Leasa M. Stewart
Nick Strawn
Ronnie Stump
Jennifer Surmacz
James W. Swank
Loma Swinney
Jeff Tate
Camden M. Tharp
Curtis J. Thomas
Charlie Thomason
Lendsey Thomson
P.R. Tirrell
Ruth Torres
Victor Trautmann
Kaci L. Trojan
Joey Tu
Jeremy Tubb
Jacqueline Turner
Katie Turner
Bettina Veronneau
John Vitali
Philip Wah
Collin Walke
James Wallace
Joseph Walters
Ashley Warshell
Drew D. Webb
Shannan Webb
Toni Weis
Bill Wells
Stefan Wenzel
Peter Wheeler
Pete White
Reggie Whitten
Terry Wiggies
Christy M. Williams
John Michael Williams
Brandon P. Wilson
Cana Wilson
David D. Wilson
Ryan Wilson
Phil Winters
Brian K. Wolf
Elizabeth Wood
Zane Wood
Michael Woodson
J. Tyler Worten
Brandy Yelton
Carla Zellner
www.okcbar.org • March 2014 • BRIEFCASE 15
IRISH from PAGE 8
roots, Dunganstown, County Wexford, in
1963, where he said, “When my greatgrandfather left [Ireland] to become a cooper in East Boston, he carried nothing with
him except two things: a strong religious
faith and a strong desire for liberty. I am glad
to say that all of his great-grandchildren
have valued that inheritance.” But while
poignant, the true image that lingers in the
lens of history of that trip has to be his visit
to Berlin.
Truman’s courage made the Berlin airlift
happen. Churchill, perhaps in his “Iron
Curtain” speech just months before, had
convinced Truman of the depth of the
Stalinist threat to democracy. Against an
American public that was eminently sick of
war, of war in Europe, and certainly of
Germany, Truman pulled out the guts to do
what needed to be done. Though we woke
up late, after half of Europe had been
devoured and turned into true slave-states of
the Soviet Union, Truman realized that to
lose West Berlin would mean to lose a dagger and a force base in the heart of the Soviet
Eastern bloc. That we were able to pull it off
is an amazing tale of the blend of uniquely
American power, courage and integrity all
told brilliantly in Leon Uris’ Armageddon, a
blend that one would like to hope is still
around, somewhere, today.
To the Berliners who remembered that
time, Kennedy was a resurrection of all that
was good in America. Those who remembered felt they owed their lives, their freedom, everything to the “Amis.” So on June
26, 1963, to the vast crowd gathered at the
Rathaus Plaza and the even vaster TV world
beyond, the Boston Irishman became not
just an American but the leading citizen of
the world: “All free men, wherever they
may live, are citizens of Berlin, and therefore, as a free man, I take pride in the words,
‘Ich bin ein Berliner.’”
Kennedy’s effect on America’s own victims of discrimination was electric. As
Shribman writes, “[A]ll racial and ethnic
minorities took notice and solace. Jews felt
this especially. ‘That was a golden time,’
says Sol Gittleman, a professor of German
and Judaic studies and former provost at
Tufts University. ‘We all felt a real sense that
something momentous was happening. We
now know it was something we didn’t see
then, that it was a breakthrough for us all. It
was a miracle.’’’
So much of the Civil Rights movement
happened in the Kennedy Years: the
Freedom Riders, the March on Washington,
Federal enforcement of school de-segregation in the South; the symbolic facing down
of George Wallace by Federal marshals.
Kennedy has been criticized for lack of
action in the African American struggle;
while it is true that Martin Luther King
refused to endorse Kennedy for President,
he made it clear that he had a no-endorsement policy for anyone. He admitted later
that he had privately voted for Kennedy, and
that, had he lived to run for a second term,
he would have endorsed him. Two weeks
before the election, Martin Luther King was
sentenced to four months on a chain gang
for a traffic violation, by a Georgia judge.
When asked, the Republican campaign had
“no comment.” Thirteen days before the
election, and squarely against the advice of
his advisers, even making the calls out of the
room, Kennedy called King’s wife and
Bobby called the Georgia judge. The next
John F. Kennedy gravesite at Arlington National Cemetery
day, King was released.
On word of Kennedy’s assassination,
King said, “I would be the first to say that
President Kennedy came forth with the most
comprehensive civil rights act that has been
proposed by any president … he was a
friend to the cause of civil rights and he created a concern for civil rights in Washington
and in the nation.” For better or worse, history has not placed Kennedy as a hero in the
civil rights movement, as were, say, King,
Rosa Parks, Medgar Evers, Malcolm X,
Stokely Carmichael, Bayard Rustin and others. My humble opinion is that the cause of
African American freedom never had it better politically in this country than during the
Kennedy years, bar none. If nothing else, he
had brought us all to a place where every
American (even those who might dread
some of the prospects) believed anything
was possible.
What was it?
It was the programs: the Peace Corps; put
a man on the Moon by the end of the decade.
It was the way he handled the crises: the Bay
of Pigs; the Cuban Missile Crisis; West
Berlin. It was his words: the press conferences, by frequency more than any President
before or since; the speeches; the language
— “A people who have produced so many
bards, singers, orators, actors, dramatists,
poets, and good talkers,’’ William V.
Shannon wrote, “deserved to have as their
greatest political leader a man who loved the
language and could use it.’’
But of course in the end, lamely, if you
weren’t there, you wouldn’t understand.
Somehow, he just brought out the best in all
of us. I may have been thirteen when he
died, but I have been grown and overeducated when over the years I have read the contemporaneous accounts of NY Times, Daily
News, Life, the Washington Post and several
(who could read them all?) of the Kennedy
books. Grown-ups and wide-eyed kids
seemed united in the realization that in
Kennedy’s abrupt, tragic end, something
very special in America had also ended.
Shribman:
A host of Bostonians alive a half century
ago are familiar with the exchange between
Pat Moynihan, then the assistant secretary of
Labor in the Kennedy administration, and
Mary McGrory, the Washington Star columnist..., in the wake of Kennedy’s assassination.
“We’ll never laugh again,” she said
to Moynihan.
“Mary,’’ he responded, “we will
laugh again. But we will never be
young again.’’
Before I leave this Paddy’s Day montage
with a personal remembrance, perhaps I
should invoke the name with which I started. The premise of St Patrick’s Day, after all,
is that it is a day when we all put on a little
green, when we all pretend to be a little bit
Irish. St. Patrick invites us to indulge in his
spirit — either literally or figuratively.
Perhaps a little magic, a little suspension of
all things strict and rational, is needed here,
a little Irish on you to drink in the heady idea
that all these poor facts expressed in poorer
words do somehow add up to an homage to
a Boston Irishman who transcended his
roots to become a great American; and who
in the process made dream-believing
Irishmen of us all.
Last Trip on the Bus
Five months after Kennedy’s trip to West
Berlin, he was dead. It was the end of the
world. People gathered at my house one by
one, as they do when a family member suddenly dies. “I just can’t believe it,” everyone
said. My mother said nothing. She simply
sat in her armchair, eyes red-rimmed from
crying, fingering her rosary beads, glued to
the TV like all of us. My sister made the coffee and whatever passed for dinner. My
father, albeit near the bottom, was on “the
list” — a top secret list that the government
had put together after the Cuban missile crisis, for certain federal employees to do certain things in the event of a nuclear holocaust, so he was at work late into the night.
There is a certain irony in that, I suppose. It
did feel like a nuclear holocaust.
Sometime over that terrible weekend it
was announced that the body would lie in
state on Sunday for public viewing. I was off
like a shot to call by best friend and partner
in crime Twig. Both our parents waved us
off to go. I don’t remember our bus ride
down, or back. I just remember feeling very
grown up and solemn when we arrived. In
my memory it is rainy, drizzly. Sources say
it poured the day before. They also say that
public mourners waited in “near freezing”
temperatures. I remember going to the end
of a humongous line, and waiting seven
hours before walking past the flag draped
casket in the Rotunda of the Capitol.
The casket arrived Sunday afternoon. The
original plan called for the viewing to end at
9 p.m., but that idea was soon ditched
because of the size of the crowd. Ten
abreast, it stretched forty blocks. Accounts
say some waited ten hours. The doors were
kept open all night. What accounts don’t say
is that the line stretched down East Capitol
Street. Most days Twig and I would not have
ventured a block down East Capitol for a
million dollars. That entire section of D.C.
was an all-black ghetto. East Capitol ended
somewhere in the wilds of Anacostia, where
no white man escaped alive.
My memories of that night are vivid and
immediate. Someone was handing out little
candles with paper around the middle and
Twig got one. People were quiet. Some
cried. Some talked. I don’t remember any
conversations, even with Twig. When we
started to realize that we wouldn’t be getting
home until midnight, or later, we knew that
our parents would see what was happening
on TV and wouldn’t worry. Looking back, I
am struck by the fact that I don’t remember
the race of anybody in that crowded line.
They could have been green, or purple. I just
remember everyone, even the policemen,
being very, very polite. I know now that
Twig and I just felt glad at having something
to do; a way to somehow thank this man
whom we loved. We were on a mission, by
God, and we would not fail this man who
had never failed us, if we had to wait twenty
hours in the freezing rain. A quarter of a million people filed past that bier, half of them
after two in the morning.
When I got home it was well after midnight and my father met me at the door. He
didn’t say anything, but he did something
that he never did with me, before or after. He
put his hand on my head and drew it to his
chest, and held it there while he sighed.
Then he turned away.
16 BRIEFCASE • March 2014
A.J. Seay
Territorial Supreme Court Justice (1890-1892)
Excerpt from A History of Judges of Oklahoma & Canadian Counties by Judge Russell Hall
Territorial justices, in addition to their
appellate responsibilities, sat as ex officio
district court judges in their assigned districts. Since Judge Seay was assigned the
“short grass district”, he held court as a
district judge in El Reno and Kingfisher
among others. As such, Judge Seay can be
said to be the first district judge for
Canadian County. Oklahoma County was
in another district. Judge Seay writes
Canadian County was in the third district
and Oklahoma County was in the second
district, this is reverse to Thos. Doyle’s
article on the Supreme Court. Judge Seay’s
mansion in Kingfisher is operated by the
State and is interesting to tour along with
the museum across the street.
The Oklahoma Chronicles, a publication
of the Oklahoma Historical Society, published Judge Seay’s autobiography and the
following are excerpts:
I was born in Amherst county, Virginia,
November 28th, 1832, and brought up in
Osage county, Missouri, where my parents
moved when I was three years of age. I
helped my father hew a little farm out of
the woods from which to get a living for a
large family, of whom I was the oldest boy.
We had a three months school about every
other winter, taught by a man who boarded
around among the scholars, and who could
teach spelling, writing, and arithmetic to
the rule of three, and hickory the big boys
if necessary.
When I was twenty-one years of age I
left home and went to work for myself on
the Missouri Pacific railroad, then building, with pick and shovel-my first job.
Having learned all that was taught in
public schools I became a teacher and
saved a little money. In 1855 1 went to the
Academy of Steelville, Missouri, but
before the end of the term my father died
and I left school to take charge of the family and administer upon the little estate.
This brought me into court and business
relations with a lawyer, a friend of the family, who advised me to study law. This flattered me. I had a long talk with him in
which he told me that Chitty’s Blackstone
was the first book to read; that there were
four volumes in two books, and that they
cost twelve dollars! I made up my mind to
purchase these books as soon as I could
save that much money from the pressing
demands upon me. I kept busy, looked
after the family and taught school. A country lawyer died, leaving a law library consisting of an old, musty smoked copy of
Chitty and the Missouri statutes, which
were kept on the mantel. I was employed
as clerk at the administrator’s sale and
bought that library for one dollar (the only
bid) and was ridiculed by the crowd for
paying too much for it. I put in all my spare
time reading Chitty, and in 1860 entered
the law office of Pomeroy and Seay as janitor and student.
[With the start of the Civil War] Led by
Capt. W.F. Geiger, I went into the federal
army as a private, joining Col. J.S. Phelps’
regiment. I served four years, being promoted to colonel of my regiment. I was a
member of a field court martial which held
occasional sessions during the last two
years of the war.
Upon my return home in August, 1865, I
was appointed county attorney of
Crawford County and entered upon the
duties of the office at once. Later I was
appointed circuit attorney and held that
office until Gratz Brown was elected governor in 1870, when I resigned and
engaged in the general practice.
In 1875 1 was elected circuit judge for
the ninth judicial district of Missouri for
the term of six years and at the expiration
of the term was re-elected. I then declined
a third term and resumed the practice.
There was nothing out of ordinary business of a country court in my circuit worthy of statewide public interest during my
twelve years as a judge, except the great
Southwestern railroad strike by the
Knights of Labor, in the early spring of
1885.
Some of our people were Knights of
Labor and the majority of the voters of
Franklin county were in sympathy with the
strikers and did not endorse my course
[issued an injunction]; so when I became a
candidate for the legislature in 1886 the
Knights knifed me at the polls, electing a
Democrat from a Republican county.
[Judge Seay was appointed Associate
Justice in Oklahoma in May, 1890]
The third district was known as the
‘short grass district’ and embraced all the
unorganized territory west of the 98th
meridian to the east border of the
Panhandle of Texas on the 100th meridian,
was bounded by Kansas on the North and
Greer county, Texas on the south. All this,
except the Cherokee Outlet was known as
the Cheyenne and Arapaho country and
was occupied by the Indians of those
tribes, some government troops, U.S.
Indian agencies, cattlemen, and a few ‘bad
men of the border’, which the latter gave
the officers a merry chase to capture them.
Beaver, one of the counties assigned to
me, designated in the Organic Act as the
public land strip, was known among the
old-timers as ‘No Man’s Land.’
In order to hold court at Beaver I had to
go by rail via Wichita to Englewood,
Kansas, and take the stage from there 50
miles making a trip of 300 miles; or else,
go overland up the North Canadian river to
Camp Supply, thence up Beaver creek to
Beaver city, a distance of 200 miles from
Kingfisher. There were but few people, no
courthouse, and but very little business.
The people were poor, except a few cow
men, but fairly intelligent and law-abiding.
They greeted the court warmly and were
evidently pleased to know that organized
government had come to stay.
The territory comprising the seven counties was opened to settlement April 22,
1889, but the Organic Act was not passed
until May 2, 1890. Thousands of home
seekers from all parts of the country staked
their claims and established a provisional
government which was obeyed by the
orderly well-disposed people but could be
enforced if at all only by overwhelming
public sentiment or by the cool prowess of
the man behind the gun. Peace and order
prevailed among the homesteaders except
an occasional shooting affray between
rival claimants for the same quarter section.
But in the towns it was different. There
was a rough, disorderly, gambling, drinking, bawdy house element which was
aggressive and to some extent overawed
the better element who, though in the
majority were ‘negatively good’ and had
no taste for the ‘firing line’. Gambling
houses and unlicensed saloons were running wide open day and night.
Their keepers denied the existence of
any law requiring a license or regulating
their business in any way. I had this element to contend with. They would get
some of their friends on the grand jury and
prevent indictments, or, failing in this,
would bring improper influences to bear
on the trial jury. It was hard to prevent this,
for they knew their friends better than did
the court and the officers. In this way they
sometimes got a ‘hung jury’ or an acquittal. On more than one occasion during the
first year of my services, I removed jurymen whose conduct showed crookedness.
In one case a man was put on trial
charged with keeping a gambling and
bawdy house. Twelve men were selected
from the regular panel to try the case. The
evidence showed his guilt ‘beyond a reasonable doubt,’ but the jury reported they
could not agree and asked for further
instructions. The only question was
whether the defendant kept the house as
charged. I withdrew the instructions and
gave one covering that point. After three
hours more they wanted supper.
The sheriff was directed to inform them
that supper would be ready as soon as they
found a verdict. On my return from supper
I found them ready to report a verdict of
guilty. Upon asking what had detained
them so long in such a plain case, a rednosed man of some prominence in the
town was pointed out as the man who had
‘hung’ the jury for seven hours because the
court’s instructions were not the law. I told
him I declared the law; that the jury found
the facts; that if he knew law better than
the court he should serve his friend as
lawyer and not as a juror. He was discharged and the sheriff was instructed
never to bring him into court again as a
juror.
That night indignation meetings were
See SEAY, PAGE 22
Quote of the
MONTH
“It is the certainty that
they possess the truth
that makes men cruel.”
~ Anatole France, novelist, essayist,
Nobel laureate (1844-1924)
www.okcbar.org • March 2014 • BRIEFCASE 17
Don Nicholson
Tsinena Robinson
John Hermes
Wes Lane
Kent Myers
Kevin Butler
Lance Phillips
John Hunt
Justin King
David Ross
Steve Parker
Eric Eissenstat
J. Dillon Curran
Endorsements
Linda Pizzini
Ferris J. Barger
Osmun Latrobe
Linque Gillett
Andrea Teter
Kenneth L. Peacher II
Gerald E. Kelley
Gina Knight
Glenn Coffee
Dennis Boxeur
Gary Giessmann
Kevin Kelley
Rollin Nash
Jay Scott
Timothy Tardibono
Robert Miller
Steven P. Cole
Richard Mullins
Martin Stringer
James Sharrock
Bob Dace
Tim Bomhoff
John Kenney
John Hermes
Elizabeth Wood
Jeff Todd
Rich Johnson
Brandon Buchanan
Patsy Trotter
John Schaefer
Joseph Bocock
Josh Smith
Lauren Hanna
Michael Lauderdale
Richard Nix
Kym Carrier
Valerie Michelle Evans
Committee to Re-Elect
Judge Kirby, Don Nicholson,
Chair Tsinena Thompson,
Treasurer
P.O. Box 720992
Oklahoma City, OK 73172
"I have known Judge Kirby for several years and have always
found him to be thoughtful, probing and considerate in his deliberations. Furthermore, Judge Kirby displays the character
and integrity that our public servants need to possess."
"I’ve seen first-hand how Judge Kirby cares
deeply about justice and works hard to fairly
administer the law. The citizens of Oklahoma
County are fortunate he chooses to serve."
– Timothy Tardibono
– J. Dillon Curran
"Judge Kirby is a thoughtful and
dedicated public servant. We need
him in office and so do you!"
– Tsinena Thompson
"As an attorney and former student of Judge Kirby's I have
great respect for him both personally and professionally. I hope
he is successful in his re-election as he is such a wonderful
servant of the people of Oklahoma."
– Andrea Teter
18 BRIEFCASE • March 2014
www.okcbar.org • March 2014 • BRIEFCASE 19
Book Notes
By Bill Gorden
The Outpost
Jake Tapper, Little, Brown and Company,
2012, 2013, paperback, $18.00, Kindle
$9.00
American troops will leave Afghanistan
in December 2014. This will conclude
what may be called our longest war.
Between the initial assault on the Taliban
after 9-11, and the end, a great many
things have happened, as in any war.
Valor, courage, and sacrifice are a part of
it, bureaucracy, waste, and confusion are
other parts, some time all mixed together.
In this story Tapper takes us to one outpost on the border between the “friendly”
and “unfriendly” parts of Afghanistan,
near the Pakistan border. He chronicles the
various units and men (and a few
women) who hold the place, and
who try to interact with the local
populace. Sometimes this is in a
peaceful mode, quite often in violence.
The real story has to do with the
setting of the post itself, at the bottom of three mountains. Someone
decided that this would be a good
place for such an outpost, in a
guerrilla war. The hopeless nature
of the fight, even given American
air and land firepower, becomes
readily apparent to each wave of
occupants. Some units fare better than others, but all in all this
is a wrenching story. A word of
advice: don’t get too caught up
when Tapper warmly describes
a particular soldier, and his
family. It is foreboding to a
bad outcome each time.
It is easy to get angry about
the
posting
of
brave
American souls in such a
way. It provokes emotions
This work reads as a mystery,
regarding a timeless treasure,
part of which is missing. The
Codex is a thousand year old
Hebrew Bible. It was lodged
in Syria in a grotto cave,
looked after by a local
Synagogue. It is considered
to be the most complete version of such a work, as it had
even been worked on, that
is, edited for accuracy, by
the great Spanish/Egyptian
scholar Maimonides.
When the state of Israel came into
being, disturbances broke out in Syria
aimed at Jewish communities, and the
Synagogue and the grotto were targets.
The book was turned out of its home, and
then, (or later), the torah part was separated from the rest. Some said it was burned,
but there was always doubt. The rest of the
book left for Israel in an emigrants valise,
through Turkey. A variety of shady happenings occurred, involving governments,
antiquities dealers, and even curators of
museums. It is a fascinating story, as far as
it goes. However, unlike most mystery stories, we are left hanging. Somewhere out
there is, (probably), a chunk of text of
import to a large chunk of mankind. It may
be in a private collector’s hoard, or have
been cut up and used to decorate someone’s walls. It may be possessed by a government, or sit quietly in some holy place.
This is unsatisfying, but maybe someday
there will be a sequel.
ment to be included in the minutes of the
meeting: “I do not intend to follow either
the County Bar or the State Bar minimum
fee schedule and repudiate both.”
Following considerable discussion,
motion was made by N. Martin Stringer
that we follow the recommendation of the
Professional Economics Committee and
repeal our minimum fee schedule and further advise the State Bar that we will not
follow the Oklahoma Bar Association’s
schedule and give notice to the members of
the Bar Association of this action. Motion
was approved with two opposing votes. A
recommendation was made to the Board
that a letter to all members advising them
of the Board’s action be sent out, that an
article be carried in the next issue of the
newsletter, and legal notice be published in
the Daily Law Journal Record.
Mr. Brockett advised that his committee
will be working to fill the void created by
the rescission of the minimum fee schedule. A suggestion that a course be taught in
the law schools on the economics of law
practice is being considered.
Special Note – Ethics Opinion No. 220,
October 18, 1962 on habitual performance
of legal services for less than minimum
fees was rescinded by the Board of
Governors of the Oklahoma Bar
Association during the January 23, 1973
meeting.
An announcement was made by Harold
Sullivan at a special meeting of County
Bar Presidents that the Board of Governors
of the State Bar at their meeting on Friday,
February 23, 1973, had rescinded the State
Bar Minimum Fee Schedules by our
County Bar and the Tulsa County Bar.
By-Laws and Long Range Planning
Committee:
Mr. Wayne Campbell reported on the
committee’s efforts to raise judicial
salaries. Mr. Campbell advised that his
immediate concern is with salaries at the
County level. Mr. Tom Brett, from the state
bar association is working on increasing
judicial salaries also and a dinner was
arranged at the Bar Center for the
Legislative members who were attorneys.
At that meeting, a report was presented
reflecting judicial salaries across the
nation. Mr. Campbell advised that according to this report Oklahoma is beginning to
lose more of our good judges and that
problems were evolving in recruitment of
qualified applicants. Mr. Campbell advised
that Oklahoma is 51st in salaries for
judges. (The survey included the District
of Columbia) He advised that his committee had contacted Terry West with the
OTLA and a joint effort is being made to
increase judicial salaries. C. B. Savage is
OTLA’s special representative in the legislature. A bill has been introduced to eliminate associate judgeships except the one
required in each count by the Constitution.
The next problem would be to get the bill
before the appropriate committee
involved, since any bill of this type would
have to go through the Appropriations
Committee before it could be considered
by the Judiciary Committee.
Legal Aid Committee:
The Board was advised that the new
Director of the OEO was changing the
OEO program and that legal services were
to be continued on a month to month basis.
The Legal Aid Committee presented a resolution to the Board for adoption: That the
Legal Services Program be placed on a
yearly basis to assure continuing effort on
behalf of the poor who come to Legal Aid
for representation. Copies of the resolution
with an appropriate cover letter are to be
mailed to legislators, President Nixon, and
the Director of the OEO.
Treasurer’s Report:
N. Martin Stringer, Treasurer, presented
the following report: Income from the
month of January was $12,746.58 and
expenses were $6,004.16. $2,942.25 of the
expenses were due to the production of
“Jealous Mistress.” Mr. Stringer noted that
$1,481.40 profit had been shown from the
production of “Jealous Mistress” for the
Annual Meeting. Mr. Stringer proposed
that the Bar Association pay the $800.00
note due to City National Bank to save
money being paid as interest. Motion was
approved.
COTPA:
Mr. Wayne Campbell advised the Board
that the Main Street parking facility was
not interested in group parking rates at this
time.
such as pride when reading about
how they carried out their duty.
One thinks of Tennyson’s Charge
of the Light Brigade. One hopes
that those sacrifices detailed here
will not be in vain.
The Aleppo Codex
Matti Friedman, Algonquin
Paperbacks, 2012, paperback,
298 pages, $15.59
Old News
Excerpts from OCBA News:
March, 1973, Part 1
Board Abolishes Minimum Fee
Schedule
The Oklahoma County Bar Association
Board of Directors met on Thursday,
February 15th, 1973, at 4:00 p.m. with
President Stewart W. Mark presiding.
Professional Economics Committee:
Mr. B. J. Brockett reported that his committee had met in the Bar office on
February 13th and presented the following
resolution to the Board:
“The
Professional
Economics
Committee recommends to the Board of
Directors of the Oklahoma County Bar
Association that the Oklahoma County Bar
Association’s minimum fee schedule be
rescinded. Further, we recommend that
members of the Oklahoma County Bar
Association no longer adhere to or recognize the Oklahoma Bar Association’s minimum fee schedule.”
Mr. Brockett advised that his Committee
had taken this action based upon advice of
attorneys experienced in Federal AntiTrust law. A judgment has been granted
against the Fairfax County Bar Association
of Virginia - enjoining the use of a minimum fee schedule. A question of damages
is still pending.
Mr. Emery made the following state-
20 BRIEFCASE • March 2014
OLIO from PAGE 4
demanded $5,000 damages for asserted
pecuniary loss by reason of the defendants’
alleged wrongful acts.
In presenting the case to this court he
urges only that he is entitled to injunctive
relief, thus having abandoned the feature of
his ease relating to damages.
It is generally held that, in the absence of
a contract to the contrary, a former employee may upon entering the competitive field
with his erstwhile employer, either as the
employee of another or on his own initiative,
solicit the business of the latter’s customers... The theory of the cases which have
been decided upon consideration of this general rule, or, perhaps more accurately stated,
the theory of the cases from which the general rule has been formulated, has been variously expressed. Thus it has been said that
a contrary view would compel the employee
“to give up all the friends and business
acquaintances made during the previous
employment” and “tend to destroy the freedom of employees and reduce them to a condition of industrial servitude...
However, even the cases which have
denied injunctive relief have recognized that
the rule, though of general, is not of universal application.
***
[T]he most common view is that a list of
customers built up through years of effort in
a line of business where such a list constitutes an important asset of business is a
species of property in the nature of or comparable to a trade secret, and that where an
employee obtains such a list through confidence placed in him or surreptitiously, he
may be restrained from using it. This court
would be loath to say, however, that the use
by a former employee of his memory independent of any compiled list could be
restrained, in the absence of a contract to the
contrary.
We believe the exception as to the use of
lists to be sufficiently well grounded in principle to obtain recognition in this jurisdiction. In so far as plaintiff has asserted the
surreptitious compilation of a list of his customers by the defendants and sought to
enjoin its use, he has brought himself within
the recognized exception and is entitled to
equitable relief.
Of course, equity will not interfere with
the right of defendants to do business with
these customers, but may forbid the initiation or solicitation of business by the use of
the lists surreptitiously compiled by them.
March 24, 1964
Fifty Years Ago
[Excerpted from Hunt v. Logan, 1964 OK
69, 390 P.2d 918.]
This is an original action in this Court
wherein plaintiff, Insurance Commissioner
for the State of Oklahoma, seeks an order in
the nature of mandamus directing defendants, the State Budget Director, the State
Auditor and the State Treasurer to allow and
pay the claims of plaintiff for services performed by him during the months of July,
August and September, 1963, in compliance
with Senate Bill 247 of the twenty-ninth
Legislature, 74 O.S. 1963, Supp. § 285, par.
32. The Act purported to make the duties
performed by the Insurance Commissioner
as President of the State Insurance Board
additional duties to those otherwise prescribed by law and fixed the compensation
therefor at $3,000.00, per annum.
In an opinion dated July 11, 1963, the
Attorney General of Oklahoma held that
plaintiff could not be paid legally such
increase in salary.
Defendants refused or failed to allow
plaintiff’s claims and plaintiff commenced
this action.
Since this matter involves a Constitutional
State official and the Attorney General, representing the defendants, agrees that we
should do so, we have accepted jurisdiction.
Plaintiff advances the proposition that
“The additional pay given to the insurance
commissioner by Senate Bill 247 does not
violate the provisions of section 34, Article
6, or section 10, Article 23, of the
Constitution of the State of Oklahoma”.
Section 4 of Senate Bill No. 247, supra, provides:
“The duties performed by the
Insurance Commissioner as President
of the State Insurance Board shall be
considered additional duties to those
otherwise prescribed by law, for which
additional duties he shall be paid additional compensation until June 30,
1965, in the amount of Three Thousand
($3,000.00) per annum, payable monthly”.
Article VI, Section 34 of the Oklahoma
Constitution (referring to executive officers)
states:
“Each of the officers in this article
named shall, at stated times, during his
continuance in office, receive for his
services a compensation, which shall
not be increased or diminished during
the term for which he shall have been
elected; nor shall he receive to his use,
any fees, costs, or perquisites of office
or other compensation.”
Article XXIII, Section 10 of our State
Constitution contains the following language:
“Except wherein otherwise provided
in this Constitution, in no case shall the
salary or emoluments of any public official be changed after his election or
appointment, or during his term of
office, unless by operation of law enacted prior to such election or appointment; * * *.”
Plaintiff contends that the “primary question to be determined is whether the duties
assigned, for which additional compensation
is to be paid, are germane and incidental to
the normal duties of the Insurance
Commissioner”.
Mr. Hunt had been elected Insurance
Commissioner in 1954. In 1957 the
Legislature had enacted a new insurance
code, House Bill 501, a pertinent portion
being 36 O.S. 1961 § 331 ; sub-sections “A”
and “B” thereof in pertinent part respectively provide:
“There is hereby created the State
Insurance Board, composed of the
Insurance Commissioner and two members to be appointed by the Governor, *
* *. The Insurance Commissioner shall
be President of the State Insurance
Board * * *.
“* * * The duties performed by the
Insurance Commissioner as President
of the State Insurance Board shall be
considered additional duties to those
otherwise prescribed by law, for which
additional duties he shall be paid additional compensation until January 1,
1959 in the amount of Three Thousand
Dollars ($3,000.00) per annum,
payable monthly.”
As provided in said section 331, Mr. Hunt
was paid $3,000.00 per annum for the years
1957 and 1958 for performing the “additional duties” of President of the State Insurance
Board.
In 1958 Mr. Hunt was re-elected. In 1957
the Legislature also had enacted House Bill
No. 752. Section 4 thereof contains the following provision:
“The Office of the Insurance
Commissioner shall be paid a salary of Six
Thousand Dollars ($6,000.00) per annum
monthly until January 12, 1959, at which
time the salary for the office of Insurance
Commissioner shall be Twelve Thousand
Dollars ($12,000.00) per annum monthly.”
For the years 1959, 1960, 1961 and 1962,
Mr. Hunt drew such increased salary of
$12,000.00 per annum. In 1962 Mr. Hunt
was again re-elected and has continued to
draw $12,000.00 per year salary. Since 1957
Mr. Hunt’s duties have remained exactly the
same. During such time he has served continually as President of the State Insurance
Board.
It has been noted that Section 4 of Senate
Bill No. 247, supra, hereinabove quoted,
provides that Mr. Hunt’s duties as President
of the State Insurance Board are “additional
duties to those otherwise prescribed by law”.
But prior to the enactment thereof when Mr.
Hunt was re-elected in 1958 and again in
1962, 36 O.S. 1957 Supp. § 311 and 36 O.S.
1961 § 311 respectively, had prescribed such
to be his regular statutory duties. When he
sought re-election in 1962 one of Mr. Hunt’s
statutory duties for more than five years had
been to serve as President of the State
Insurance Board. That duty was one of those
then required of him. His salary had been
doubled when the new insurance code was
enacted in 1957 and such duty placed upon
him. It was considered an additional duty for
which he was paid $3,000.00 per year until
his $12,000.00 per year salary started.
Thereafter he had been required to perform
the same duty four years at the new
$12,000.00 per year salary as a part of his
regular duties.
***
Argument is made by defendants that the
duties performed by the Insurance
Commissioner as President of the State
Insurance Board must be performed by
him...
***
The declaration of the Twenty-ninth
(1963) Legislature in Senate Bill 247, supra,
that “The duties performed by the Insurance
Commissioner as President of the State
Insurance Board shall be considered additional duties” may not be upheld, since the
Legislature has designated certain duties as
additional ones, whereas five years previously it had already made same the regular
statutory duties of the office.
March 14, 1989
Twenty-Five Years Ago
[Excerpted from Inhofe v. Wiseman, 1989
OK 41, 772 P.2d 389.]
In this case of first impression, the petitioner, James M. Inhofe, urges us to assume
original jurisdiction and to issue a writ of
prohibition to prevent his deposition from
being taken by videotape. In the alternative,
he seeks a writ of mandamus requiring the
trial court to issue a protective order limiting
dissemination of the deposition. The dispositive issues are whether the trial court abused
its discretion in granting the motion to take
the petitioner’s disposition by video or by its
refusal to issue a protective order. We find
that the trial court did not abuse its discretion
in granting the motion to take the video deposition but that it should have issued a protective order.
On May 13, 1988, the petitioner filed a
petition in Tulsa County District Court
against his brother, Perry D. Inhofe, Jr., and
a dissolved corporation, Mid-Continent
Industries, Inc. alleging breach of a fiduciary
relationship. On June 17, 1988, Perry Inhofe
served notice on the petitioner. The notice
did not mention that the deposition would be
videotaped, and the parties had not stipulated that the deposition could be taken by
other than stenographic means as provided
by 12 O.S.Supp. 1986 § 3207 (C)(4).
On July 15, 1988, when the petitioner
appeared for the deposition, he learned, for
the first time, that his deposition would be
both videotaped and stenographically
recorded. Because the petitioner objected to
the taping, he terminated the deposition.
Later the same day, the parties sought to
have the problem settled by the trial court.
The brother moved to compel discovery, and
the petitioner objected, asserting that he had
not agreed to a video deposition and that it
had not been ordered by the court. After the
trial court denied the motion to compel discovery, the brother, by oral motion, sought
to take the deposition by video. The petitioner objected, arguing that § 3207(C)(4)
required the motion to be in writing. He
requested that he be allowed to present evidence and to submit briefs. The trial court
granted the motion for the video deposition,
and it denied the petitioner’s briefing
request. The petitioner asked for a protective
order prohibiting his brother from disseminating his video deposition to the press. He
alleged that because he had filed for re-election, the videotape could be politically
embarrassing. The motion was denied, and
the petitioner has requested that we assume
original jurisdiction and issue the proper
writ.
...
The extraordinary relief of a writ of mandamus or of prohibition is available under
proper circumstances either to order or to
prohibit the production of evidence prior to
trial. However, before appropriate relief may
be granted, it must be shown that the trial
court exceeded either its authority or its discretion in ordering or denying pretrial discovery.
The petitioner alleges that his brother is
abusing the discovery process to destroy his
political career, and that he should have been
permitted to have a full hearing on the issue
of the video deposition. He also asserts that
because his brother’s motion was not in
writing, it did not comply with 12 O.S.Supp.
1984 Ch. 2, App. Rule 4, and that he is entitled to file a brief under this rule. However,
a motion made during a hearing is not
required to be in writing pursuant to 12
O.S.Supp. 1984 § 2007. We are not persuaded by this facet of the petitioner’s argument.
The trial court asked to hear evidence from
the petitioner concerning the video deposition, and it allowed him to present his reservations and concerns about submitting to a
video deposition. We find that the trial court
did not abuse its discretion in not allowing
briefs on this issue.
The petitioner contends that his brother
must show some need for videotaping
beyond a mere preference or desire.
Generally, the cases allowing video depositions have involved a key witness who was,
or who was likely to be, unavailable for trial,
or to permit the witness to reconstruct an
accident. Besides use at trial, depositions
have discovery value because they record a
description of the event which cannot be
made by a mere stenographic deposition.
Here, the brother stated that he intended to
show the videotape to the investigators, who
he had hired to aid him in this case, because
they would not be allowed to be present at
See OLIO, PAGE 22
www.okcbar.org • March 2014 • BRIEFCASE 21
Kent Meyers
Mike Blake
n
Don Nicholso
son
Tsinena Robin
John Hermes
Matt Buergler
Robert Nance
nell
Laura McCon
it
Joe Crosthwa
n
o
Jack Daws
Glenn Huff
Charise Hall
Chad Taylor
on
George Emers
l
Jesse Chape
ki
Jesse Kordelis
n
Richard Mildre
Amy Alden
Patrick Lane
Andrea Rust
Dakota Low
Kieran Maye
John Hermes
s
Susan Herme
er
g
in
s
Rodney Hun
ns
Richard Mulli
rs
e
lt
Joseph Wa
erdale
Michael Laud
Jodi Dishman
h
Spencer Smit
John Kenney
Jeff Todd
ey
Nathan Whatl
nsen
Mark Christia
John Stiner
Mark Folger
Ron Shinn
ck
Joseph Boco
Kym Carrier
Reid Robison
a
Lauren Hann
e
rd
u
Ross Plo
Henry Hoss
Tim Bomhoff
Jim McMillin
ell
Elizabeth Tyrr
Frank Hill
Todd Court
ph
Michael Jose
Gary Fuller
Patrick Stein
Robert Dace
r
Martin Stringe
hanan
Brandon Buc
s
Curtis Thoma
Laura Long
Andy Long
Jodi Cole
Jack Sargent
ttner
Jeremiah Bue
anda
Chris Scaperl
Todd Woolery
Joe Lewallen
Bob Dace
Michael Avery
on
Beau Patters
od
Elizabeth Wo
Mike LaBrie
ersox
Elizabeth Bow
Zach Oubre
Frank Plater
Phil Hart
n
Steve Johnso
hanan
Brandon Buc
Todd Court
ph
Michael Jose
r
Gary Fulle
Patrick Stein
Bob Dace
r
Martin Stringe
ill
Frank H
ell
Elizabeth Tyrr
in
James McMill
Tim Bomhoff
od temo
g
f
o
e
m
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rt is the epit
a
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t
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e should be
e
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d
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nd scholarly
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retained in
– Kent Myers
Henry Hoss
Ross Plourde
a
Lauren Hann
k
c
o
Joseph Boc
Ron Shinn
Mark Folger
John Stiner
nsen
Mark Christia
ey
Nathan Whatl
Jeff Todd
John Kenney
h
Spencer Smit
Jodi Dishman
erdale
Michael Laud
rs
Joseph Walte
ns
Richard Mulli
inger
Rodney Huns
lle Evans
Valerie Miche
"Judge Stuart exemplifies the integrity
and honesty that
make a great judge.
He is fair, impartial,
and knowledgeable
about the law. Judge
Stuart has a work
ethic that is second
to none. Oklahoma
County is exceptionally well-served by
Judge Stuart."
Laura McConnell-Corbyn
22 BRIEFCASE • March 2014
PRO-BONO from PAGE 1
ic is scheduled from 9 am to 12 noon on
the third Saturday of every month at
Epworth United Methodist Church, 1901
N. Douglas Avenue, Oklahoma City, OK,
73106. It is located directly west of The
Classen School of Advanced Studies. This
month’s clinic will be on Saturday, March
15.
The time I have given to the clinic has
been professionally challenging and
rewarding. The lawyers at the clinic give
practical legal advice to an appreciative
clientele on a wide variety of topics.
Clients may come to the clinic in person,
or service can be given by phone. Legal
Aid provides client intake sheets for
clients that could not be served during the
week at the Legal Aid offices. Cindy
Goble, the Legal Aid staff attorney who
runs the clinic is always available to give
additional information or advice in areas
where a volunteer lawyer is uncertain.
When I talk to lawyers about the clinic,
their major concern is that they will not
know enough of certain areas of law to
help with the kinds of questions that can
come up. Let me assure you, with your
legal education and life experiences, you
know more than you think you do. There
are so many people that need just a little
direction, explanation, or encouragement,
and that is where you can make a world of
difference in someone’s life. The lawyers
at the clinic are always supportive of their
fellow volunteers, so you will never be
alone without someone to help.
There are so many people that need the
benefit of a lawyer’s advice and counsel.
Your efforts will be appreciated. If you
would be able to give of your time at the
clinic, please call Vera Addi at 488-6808,
or e-mail her at vera.addi@laok.org and
tell her to count you in for the next clinic.
off-hand in the dark a shotgun was more
likely to do execution and less likely than
a Winchester to do irreparable injury. I got
small game to be sure but a good deal of it
though not always hitting the mark.
In the beginning we were short on
libraries and long on jurisdiction. An
examination of the 9th and 11th sections of
the Organic Act will show that as district
judges we had original and appellate jurisdiction in civil and criminal cases arising
under the laws of the United States. We
also had original and appellate jurisdiction
specially conferred in Indian cases and in
the ‘Cherokee Strip’.
My work was made lighter by the able
and efficient services of the Hon. Horace
Speed, U.S. Attorney of Oklahoma
Territory. A fine lawyer, an indefatigable
worker and an honest man, he was a terror
to evil-doers.
[The judge became governor for a few
months in 1892 and 1893. In 1893, at the
World’s Columbian Exposition at Chicago
he had a heart-to-heart chat with the
Secretary of the Interior and was removed
from office.]
I met my successor Hon. William C.
Renfrow, at the depot in Guthrie and took
him in a carriage drawn by white horses to
the governor’s “mansion” formally turned
it over to him in the presence of his attorney and a few admiring friends and then by
invitation they accompanied me to the
‘government acre’ where the federal building now stands and where I died politically after having delivered my own funeral
oration.
I never cared much for the office and
was relieved from the cares without regret.
I will always enjoy the memory of the
abrupt ending of this my last office with its
ludicrous surroundings.
I take pride and pleasure however in the
fact that I was officially connected with
Oklahoma from its birth ’till it had grown
to a bright, strong boy; and have ever since
observed with interest its development into
stalwart manhood. The political weather
has been rough and stormy. Dark clouds
still hover over our state, but the glorious
sunshine of public virtue and intelligence
will drive them away.
Governor Seay died at Longbeach,
California, December 22, 1915. He had
been living in California for more than a
year before his death but always claimed
Oklahoma as his home. His body was
brought back and laid to rest in the city
cemetery at Kingfisher.
SEAY from PAGE 16
held in the gambling houses and saloons,
in which the discharged juror took a
prominent part, denouncing the court and
the judge, but that incident ended the jury
trials of that character for that term of
court. All of the other defendants charged
with similar offenses pleaded guilty, and
submitted such mitigating circumstances
as they had ‘to the mercy of the court’.
Our courts had plenty of work and were
not well paid, housed or fed. We were pioneers. We had to blaze the road and build
the bridges. While our work was not perfect, it gave confidence, encouragement,
and support to the law-abiding people of
the territory. Mine was known as a ‘shotgun court’ on account of my bluntness in
rulings and decisions, and I would not
resent the charge that it was ‘double-barreled and breech-loading.’ Having to shoot
OLIO from PAGE 20
Oklahoma County Bar Auxiliary
Upcoming Meetings
April 10
Technology Training
Location TBD
May 8
Check presentation to charities and officer installation
Home of Jane Kenney,
141 Lake Aluma Drive, OKC 73121
All meetings are on the 2nd Thursday of each month
from 11:00 a.m. to 1:00 p.m.
Tentative agenda for each meeting:
11:00 a.m. – 11:30 a.m. — Social
11:30 a.m. – Noon — Lunch and meeting
Noon – 12:45 p.m. — Guest speaker
Please RSVP for each meeting
to Randidawn530@gmail.com or phone (405) 447-4466.
Membership:
If you would like to get involved with the Bar Auxiliary, please contact
Becky Taylor at beckytaylor@infantcrisis.org or (405) 778-7608.
Annual Dues:
Member — $40.00
Associate member (spouses of law school student) — Free
Honorary member (widows of Oklahoma County attorneys) — Free
*Does not include cost of lunch for each meeting
the actual taking of the deposition.
The traditional method of recording testimony is by the use of a court reporter.
However, since the adoption of 12 O.S.
Supp. 1986 § 3207 (C)(4), in 1986, the parties may either stipulate in writing or the
court may, upon motion, order a deposition
to be recorded by other than stenographic
means. The utilization of videotape is nothing more than an updated visual version of
preserving testimony.
***
The language of § 3207(C)(4) contains
language which allows depositions to be
recorded by other than stenographic means.
Any timidity by this Court to acknowledge
the viability of new technology would frustrate the efficient and economic administration of justice. Nevertheless, courts in applying the Federal Rules of Discovery, of which
our rules have been taken practically verbatim, have agreed that the objection of a party
to a video deposition is cause for the trial
court to scrutinize the proposal. The
expressed concern is not only for accuracy
and trustworthiness of the depositions, but
also to prevent prejudicing the opposing
party’s interests. We are not persuaded that
video depositions must be restricted to
important witnesses who may be unavailable or to some other special circumstance.
We find that the trial court did not abuse its
discretion in allowing the motion to take the
videotape deposition.
The petitioner contends that he is entitled
to a protective order because his brother will
abuse the discovery process by giving the
videotape to the press. Pretrial depositions
are not public parts of a civil trial. They were
not open to the public at common law and,
in general, they are conducted in private as a
matter of modern practice. Much of the
information surfacing during pretrial discovery may be unrelated, or only tangentially
related, to the underlying cause of action.
Traditionally, discovered information, not
yet admitted, is not a public source of information. Unless otherwise ordered by the
court, depositions are sealed until admitted
into evidence.
***
An attorney cannot make or assist another
person in making an extrajudicial statement
if the attorney knows or reasonably should
know that the statement would materially
prejudice an adjudicative proceeding.
Attorneys who violate the Code subject
themselves to professional discipline.
We find Rhinehart to be controlling.
Although attorneys are subject to discipline
for extrajudical public dissemination of depositions, others involved in the process are
not. Because of the nature of a video deposition, we are aware that the potential for
abuse is greater than for a deposition taken
by stenographic means.
Here, the potential for prejudice is especially acute. Non-contextual, non-sequential
film clips and sound bytes could be particularly devastating, not only to the specific
pending litigation, but also to the electoral
process in general. If this happens, the petitioner, a public figure, is without recourse.
Under the principle outlined in New York
Times v. Sullivan, 376 U.S. 254,... a public
figure cannot recover damages for defamation in the absence of proof of actual malice.
The standard of actual malice standard
would require the petitioner to prove that the
press had acted with a high degree of awareness of probable falsity. To prevent this type
of possible malignment, and to prevent this
case from being tried in the press, a protective order should be issued.
www.okcbar.org • March 2014 • BRIEFCASE 23
Abel, Ed
Abel, Luke
Able, Dacia
Acuna, Mariano
Adams, Ellen
Ahrend, Jennifer
Ailles, Angel
Albert, Victor
Armstrong, Harold
Austin, Jon
Autrey, Joni
Bailey, Sharon
Baker, Brandon H.
Barghols, Steve
Beech, Johnny
Beeler, Jeff R.
Bernhardt, Patti
Bialick, Mark
Bishop, Kelly
Blacklee, Charlotte G.
Blankenship, J. W.
Bosley, Ann L.
Bottom, Monty
Bowers, Brock
Bowersox, Elizabeth
Bowman, Andrew M.
Branesky, Joanne
Branscum, David A.
Brewer, Mike
Bromer, Thomas
Brooks, Michael
Brown, Carey
Brown, Glenda
Bruening, Brandee
Buchanan, Brandon
Buergler, Whitney E.
Burnett, LeAnne
Burstein, Daniel R
Butler, David
Butler, Staci
Butts, Ben
Caldwell, Kim
Carson, Joe
Caruso, Toni
Cheney, James M.
Childres, Anthony T.
Christensen, Adam
Christensen, B. Gail
Christensen, Cathy
Christensen, Clay
Christensen, Wade
Clark, Curtis
Clark, Steven
Clemens, R. Lyle
Clutts, Sarah
Coldwell, Pam
Coleman, W. Chris
Combs, Eric
Conrad, Candice
Cook, Lance C.
Cooper, Tom
Corbyn, George
Cox, Angie
Croll, Billy
Crooks, Michael
Cutaia, Amber
Damnianoska, Trena
Daniel, Daneille
Daniel, Thomas J.
Dansby, Janice
Dauphin, Lisa
Davies, Shannon
Davis, Jackie
Davis, Kenny
Davis, Steven C.
Dawson, Jack
DeGiusti, Anthony
Denney, Cheryl
Denton, Penny L.
Derryberry, Darren
Derryberry, Larry
Dishman, Jodi
Diver, Heidi
Donchin, David
Dougtry, Stefan
Dragos, Kelly
Dunagan, Sidney G.
Edem, Emmanuel
Ellis, Ronnie
Ensinger, Derek
Evans, Tristin
Evans, Valerie Michelle
Fagala, Lauren
Fennell, Angie
Fiebiger, Karissa
Fields, Roberta
Fischer, Amy Sherry
Folger, Mark
Ford, Michael R.
Fortune, Diana S.
Fraley, Jerry
Freedman, George
Fugilt, F. Andrew
Gaither, Lynn
Gardner, Lawn B
Gayer, Cody Neil
Geister III, Charles E.
Giles-Caison, Lisa
Gilley, Sandy
Gleim, Kristi
Glover, Samuel J.
Godinez, Dearra
Goeres, Dawn M.
Goldman, Ed
Goodman, Jimmy
Gorden, Cara
Gordon, Kevin
Gossett Parrish, Sarah L.
Gravitt, Nancy
Gray, Elizabeth
Gridley
Grotta, Jeff
Gruber, Tom
Gunn, Andy
Guzzy, J. Christin
Haley, Alex
Hall, Adam
Hampton, Joe M.
Hanan, Jason
Hance, Sarah
Harris, Karen
Hart, Philip
Heatly, John
Henderson, Robert W.
Hermes, John N.
Higginbotham, Bobby
Hill, Frank D.
Hiltgen, Cary E.
Hitt, Brion
Hoisington, Robert
Holkum, Laura
Holland, Chance
Holmes, Laura L.
Holtz, Gina
Homsey, Gary B.
Hopkins, Tyler
Houston, Mary
Howell, James F.
Howell, T. P.
Huff, Glen
Hunter, Cheryl
Jamshidi, Shane
Irish, Jennifer
Jett, Travis
Johnson, Jennifer
Johnson, Steve
Jones, Cody B.
Jones, Jake
Jones, William M.
Jordan, Courtney
Kalsu, J. Robert
Kay, Lauren
Kearney, David L.
Kelley, Gerald E.
Kelley, Jo A.
King, Eric R.
King, Jim
Kolker, Paul
Krathigo, Jake
Larby, Nick
LaRean, J. Leslie
Lawrence, James K.
Leffel, Lance E.
Leigh, Chris
Leonard, Ryan
LePoint, Janelle
Lester, Andy
Lindsey, Lauren
Lopez, Fernando
Loving, Susan
Lynch, Leslie L.
Madock, Steve
Maloan, Michael T.
Manning, Ashley S.
Margo, Robert
Marrs, Pete
Martin III, Matthew D.
Masters, Paige
McAlester, J. Mark
McAlister, Karla
McAlister, Lloyd G.
McCabb, Stephen
McCampbell, Robert
McCullough, Chris
McCune
McMillin, Michael S.
McPhail, David
Medley III, William C.
Merkley, Nick
Metcalfe, Greg
Meter, Heary A.
Metheny, Steve
Miles, Erica
Miles, Jon
Miles, Suzanne
Mitchell, Heather
Mitchell, Jeffrey
Mitchell, Kara
Molsbee, Lisa M.
Monarty, Stephen J.
Moore, Jody
Mullen, John E.
Mullins, Glen
Munda, Benjamin
Murphy, Brooke S.
Murray, Todd A.
Naifeh, Jr., Robert N.
Naifeh, Robert
Nevard, Donald B.
Nguyen, Angela
Nice, R. Blaine
Nicklas, Cara S.
Ogletree, L. Earl
O'Rear, Michael
Ottoway, Larry
Oubre, Zach
Parke, Lindsey
Patton, Blake
Paysinse, Megan
Pearson, Jackie
Perry, Jessica
Peterson, Brenda
Pierce, Amy J.
Pignato, Jerry
Plourde, Ross
Portmen, John
Powell, Ashley
Powell, Courtney D.
Powell, Robert P.
Price, Beth
Pritchett, Jr., E. Edd
Puckett, Tony G.
Ramblin, Kathaleen
Ratliff, Kevin
Redman, Caleb
Reed, Brenda
Remillard, Carri
Reneau, Dale
Renegar, Erin
Rice, Douglas A.
Roberson, Brad
Robert D. Baron
Roberts, John
Robertson, Rob
Roduner, Kathleen
Rogers, Jason
Rogers, Patricia A.
Rooney, Erin J.
Rowland, Geremy
Rupert, Kurt
Rush, Sherry
Sampson, Megan
Sanders, Staria
Sayder, Thomas B.
Schoenhals, Jonathan
Schwoerke, Nedra
Scott, Elizabeth A.
Sepkunitz, Jerome S.
Sewell, Randy
Sharpe, Anden
Shears, John
Sheilds, Susan
Sherman, J. T.
Short, Susan A.
Shuler, Shalene
Spencer, Mark
Standard,Matt
Stanford II, A. Ainslie
Stewart, Leasa M.
Stinson, Sheila
Stipe, Amy
Stockwell, Debi
Stonecipher, Mark K.
Stringer, N. Martin
Strong, Roger A.
Sublett, Scott C.
Sullivan, David
Sullivan, Kelsie M.
Sweet, Kyle
Tait, Jr., Albert L
Taylor, Martha H.
Thach, Sophia
Thompson, Carol A.
Thompson, John M.
Thompson, R. Scott
Timberlake, Sarah J.
Tinney, Mike
Tolbert, Mary
Tran, Kelly
Tran, Kim
Trautmann, Victor
Travis, Rex
Trudgeon, Jon H.
Turner, J. Eric
Turner, Jacqueline
Van Hooser, Lindsey
Van Meter, David W.
Van Meter, Kelly
Vaughn, Carrie
Vincent, Evan
Walding, Andrew L.
Walker, L. Mark
Walker, M. Kevin
Walsh, Micky
Walters, Joseph
Ward, C. Todd
Warner, Kimberly K.
Watts, Charles J.
Watts, Ellen Martin
Weathers, Sabre
Webb, Drew D.
Weller, Julie
Whatley, Nathan
White, Amy D.
Wiggins, John
Willett, David
Williams, Kimberly
Williams, Robert
Willis, Brett
Wilson, Ryan
Winter, Chip
Womack, Greg
Wood, Elizabeth
Woody, C. Russell
Wotham, Michelle
Young, Lori
Zelbst, John P.
COMMITTEE TO KEEP JUDGE THOMAS E. PRINCE - 2014 • CO-CHAIRS DAVID DONCHIN AND DAVID VAN METER, LLOYD MCALISTER, TREASURER, P.O. BOX 1569, EDMOND OK 73083
24 BRIEFCASE • March 2014
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