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Doing Pro Bono
National Celebrate
Pro Bono Week: Oct. 19-25
Go Casual for Pro Bono: Oct. 24
Inside:
New domestic violence legislation
Handling domestic violence cases
Review: The Cottoncrest Curse
Interview: Quintillis K. Lawrence
Stand up desks: Here to stay?
2
Around the Bar
October 2014
inside
OCTOBER 2014
4
Contributors
5
Letter from the president
“Judges, Hungry Jack Baker and the Cintas tie” BY DARREL J. PAPILLION
7
Tales from the bar side
“For the first time in forever” BY VINCENT P. FORNIAS
9
Gail’s grammar
10
Message from the chair
“A win-win situation” BY EMILY PHILLIPS ZIOBER
On the
O
th cover:
11
While October is Domestic Violence Awareness Month, Oct.
19-25, 2014, is National Celebrate Pro Bono Week. This issue
of Around the Bar is recognizing both.
13
Featured on the cover of the October 2014 issue of Around
the Bar magazine are members of the BRBA Pro Bono
Committee standing in front of the Galvez Plaza and Stage,
located near the North Boulevard Town Square in downtown
Baton Rouge.
14
“New protections for domestic violence victims” BY ANITA WHITE
15
“Handling domestic violence cases” BY WENDY L. EDWARDS
17
“Interview with Quintillis K. Lawrence, Commissioner,
19th Judicial District Court, East Baton Rouge Parish” BY GAIL S. STEPHENSON
21
“Stand up and be healthy!” BY GRACELLA SIMMONS
23
West’s Jury Verdicts — Baton Rouge
25
Foundation footnotes
Photographed are (L to R) Judge Lisa Woodruff-White, Pam
Moran, Judge Laura Prosser, Sarah Campbell, Emily Phillips
Ziober, Eric R. Miller, Judge Kathleen Richey, Judge Melvin
Shortess (Ret.) and Talya Bergeron.
Cover artwork by Pamela Labbe.
October 2014
Bar news
Book review
“Michael H. Rubin’s The Cottoncrest Curse” BY ED WALTERS JR.
Around the Bar
3
Published by the Baton Rouge Bar Association
contributors
P. O. Box 2241, Baton Rouge, LA 70821
Phone (225) 344-4803 • Fax (225) 344-4805 • www.brba.org
Wendy L. Edwards of Dampf, Thibaut & Hessburg, LLP,
is a contributing writer.
Vincent P. Fornias, an assistant editor of Around the Bar, is a solo
practitioner whose practice focus is alternative dispute resolution.
Pamela Labbe is the communications coordinator
of the Baton Rouge Bar Association.
Darrel J. Papillion, a partner with Walters Papillion Thomas Cullens, LLC,
is the 2014 president of the Baton Rouge Bar Association.
Gracella Simmons, a partner with Keogh, Cox & Wilson Ltd.,
is a member of the Publications Committee.
The Baton Rouge Bar Association will be the beacon for the
full spectrum of the legal profession by fostering professional
courtesy; increasing the diversity of the bar and the participation
of under-represented groups; maintaining a sound financial base;
enhancing and developing member services and community
outreach; and promoting and improving the image of the profession.
OFFICERS
Darrel J. Papillion, President ........................................236-3636
Robert “Bubby” Burns Jr., President-elect ...............767-7730
Jeanne Comeaux, Treasurer .........................................381-8051
Karli Johnson, Secretary ................................................389-3704
Michael S. Walsh, Past President ................................381-0247
DIRECTORS AT LARGE
Shelton Dennis Blunt
Christopher K. Jones
Amy C. Lambert
Linda Law Clark
Melanie Newkome Jones
David Abboud Thomas
EX OFFICIOS
Joanna Barnes Hynes • Matthew C. Meiners
Christopher K. Odinet • Mark D. Plaisance
Michael E. Platte • Matt N. Terrell
Laranda Moffett Walker • Erin Wilder-Doomes
ABA DELEGATE
Gail S. Stephenson, an assistant editor of Around the Bar,
is the director of legal analysis and writing and an associate
professor of law at Southern University Law Center.
Ed Walters Jr., a partner with Walters Papillion
Thomas Cullens, LLC, is the editor of Around the Bar.
Mark Plaisance ..........................................................................Chair
BANKRUPTCY SECTION
Erin Wilder-Doomes ................................................................Chair
BUSINESS/CORPORATE LAW SECTION
Michael Platte .....................................................................Co-chair
Matthew Meiners...............................................................Co-chair
Anita White is a solo practitioner and a contributing writer.
Emily Phillips Ziober, a solo practitioner,
is chair of the Pro Bono Committee.
TEEN COURT OF GREATER BATON ROUGE
needs attorneys to volunteer to
assist with the program.
To find out more, contact Donna Buuck at 225-214-5556 or [email protected]
or R. Lynn Smith Haynes at 225-214-5564 or [email protected]
Erin Wilder-Doomes
APPELLATE SECTION
CONSTRUCTION LAW SECTION
Matt Terrell .................................................................................Chair
Kelsey Funes ..................................................................... Past chair
FAMILY LAW SECTION
Joanna Hynes ............................................................................Chair
Anne Richey Myles .......................................................Chair-elect
Jennifer M. Moisant.........................................................Secretary
Wendy L. Edwards .......................................................... Past chair
PUBLIC LAW PRACTICE SECTION
Christopher K. Odinet ............................................................Chair
Danielle Clapinski .........................................................Chair-elect
Leonore Heavey .............................................................. Past chair
WORKERS’ COMPENSATION SECTION
Robin L. Krumholt.............................................................Co-Chair
Debra T. Parker ...................................................................Co-Chair
Michelle M. Sorrells ..........................................................Co-Chair
Judge Pamela Moses-Laramore ..................................Co-Chair
YOUNG LAWYERS SECTION OFFICERS
Laranda Moffett Walker, Chair .....................................376-0268
Scott Levy, Chair-elect ...................................................336-5200
Kara B. Kantrow, Secretary........................................... 769-7473
Scotty Chabert, Past Chair ............................................771-8100
YOUNG LAWYERS SECTION COUNCIL
Francisca Comeaux
Carrie LeBlanc Jones
Loren D. Shanklin
Grant Guillot
Mackenzie Smith Ledet
BATON ROUGE BAR ASSOCIATION STAFF
Ann K. Gregorie, Executive Director
Donna Buuck, Youth Education Coordinator
Emily Chambers, Pro Bono Coordinator
Meredith French, Executive Assistant
R. Lynn S. Haynes, Asst. Teen Court Coordinator
Robin Kay, Pro Bono Coordinator
Susan Kelley, Office Manager
Pamela Labbe, Communications Coordinator
Carole McGehee, Lawyer Referral Coordinator
Julie Ourso, Bookkeeper
214-5563
214-5556
214-5558
344-4803
214-5564
214-5561
214-5559
214-5560
214-5557
214-5572
PUBLICATIONS COMMITTEE
Editor:
Asst. Eds.:
AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to the editor.
Articles should be less than 1,800 words, typed and single-spaced. A Word file should be emailed as an attachment to: [email protected]
Graphic Design / Ad Sales: Pamela Labbe — 214-5560
For advertising information call Pamela Labbe at 225-214-5560. Display ads should be high-resolution attachments (.PDF), and classified ads
as text only. Please email all ad artwork to [email protected] Publication of any advertisement shall not be considered an endorsement of the
product or service involved. The editor reserves the right to reject any advertisement, article or letter.
Robert Collins
Rachel L. Emanuel
Greg Gouner
Grant J. Guillot
Lexi Holinga
Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To request
permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected]
4
Ed Walters — 236-3636
Vincent P. Fornias — 769-4553
Gail S. Stephenson — 771-4900, ext. 216
Art Vingiello — 751-1751
Around the Bar
Dianne M. Irvine
Dale Lee
John McLindon
Christopher K. Odinet
Darrel J. Papillion
Gracella Simmons
Rebecca Wisbar
Jeff Wittenbrink
Robert A. Woosley
All Rights Reserved • Copyright ©2014
October 2014
letter from
the president
BY DARREL J. PAPILLION
Judges, Hungry Jack Baker
and the Cintas tie
Nearly 20 years ago in the spring of 1996, I appeared
Judge Parker turned to me and said something like, “Son,
before U.S. District Judge John V. Parker to try my first
you’re a lawyer. He’s not. You went to LSU Law School.
case as a lawyer. I was very excited. I was less than a year
He didn’t. I’m going to cut him a little slack,” and then he
removed from clerking for Louisiana Supreme Court
chuckled as he said to me, “but I’m not cutting you any
Justice Catherine Kimball and out of
when it’s your turn.” I really liked Judge
law school for only a couple of years. I
Parker. He was always a very nice man,
was a defense lawyer in those days, and
in my opinion. I promise my feelings have
my clients were several Angola prison
nothing to do with the fact that shortly
guards who had been accused in a federal
after Hungry Jack rested, Judge Parker
lawsuit of mistreating inmates related to
dismissed his entire case (the parts that
the construction of the prison’s lethal
had survived the pretrial motions he’d
injection gurney or “death bed.” My
already granted in my favor) for failure
opponent was “Hungry Jack” Baker, the
of proof and other legal problems.
pro se Angola inmate who had filed the
I was, sadly, reminded of the Hungry
suit.
Jack trial a couple of months ago, when
My preparation for Hungry Jack’s
I wrote Judge Parker’s son Mike to
trial had been, shall we say, very thorough.
extend my condolences on the death of
I left nothing to chance. I prepared
his father. It seems we’ve said goodbye
countless potential bench memos on
to a number of Baton Rouge state and
evidentiary issues that “might” come
federal court judges over the past couple
up in the trial and long outlines for my
of years, and with each such passing, I
witnesses containing thoughts on every
remember the many cases, conferences,
question I or Hungry Jack could possibly
hearings, and trials in their courts.
Darrel J. Papillion and the Cintas tie
ask at trial. In addition, a couple of days
Many, like Judges Polozola and Tyson,
before my trial — against a man with no (formal) legal
were cherished friends of my partners and me. Yet, each
education who was representing himself — I went to
has been succeeded by a fine judge, and we are fortunate
watch Judge Parker try a case, so I could check out his
for that. Their jobs are incredibly important — they
courtroom demeanor. I probably should have called in
make critical life and death decisions, affecting the rights,
advance because when I entered the courtroom, the trial
privacy, freedom and fortunes of our clients. The best ones
he was conducting came to a halt like the vinyl records
never forget how important their jobs are — and never
used to do after I would jokingly unplug my sister’s record
forget what it was like to be a lawyer.
player when we were kids. Judge Parker wanted to know
Ironically, just a few days after Judge Parker’s funeral,
who I was and why I was entering the courtroom because
I experienced something really special. I was at the Bench
the witnesses were sequestered, and he wanted to make
Bar Conference in Point Clear, when Ann Gregorie came
sure I wasn’t a witness in the trial. I sheepishly told him I
into the CLE room and started motioning for me to come
was a young lawyer who’d not yet tried a case but would
and talk with her: “Darrel, this is ‘Top Secret,’ you can’t
be trying one in his courtroom in a few days and wanted
tell anyone, but they’re going to be swearing in Judge John
to watch. “In that case,” he said, “come sit up front. I’m
deGravelles here at the hotel in an hour, and you need to
glad you’re here.”
be there as President of the Bar.”
In the trial of Hungry Jack — I’ve forgotten how
Me: “In an hour? Ann, we’re at the Bench Bar
Mr. Baker got that nickname — I got off to an aggressive
Conference! I am in shorts and boat shoes! I didn’t bring
start. Hungry Jack couldn’t ask a non-leading question.
a coat and tie!”
“Objection. Leading,” I said (over and over). When he
Ann: “You’re fine as you are.”
didn’t lead, Hungry Jack would provoke an objection
Me: (thinking of another record player stopping sound
from me like, “Objection, Your Honor. That calls for a
when I would walk into an official federal court ceremony
hearsay response.” At first, Judge Parker sustained my
in short pants) “Ann, are you sure?”
(technically correct, if somewhat obnoxious) objections
Ann: “Well, maybe you ought to at least put on some
and tried to explain to Hungry Jack how not to lead or ask
long pants if that’ll make you feel more comfortable.”
objectionable questions, but after a few minutes of this,
As in most moments of uncertainly, I promptly called my
October 2014
Around the Bar
5
law partner, Ed Walters, whom I knew was also attending
the ceremony, and he confirmed that my suspicions were
correct.
Ed: “I am wearing a suit and tie. A dark suit and a
conservative tie. Johnny’s getting sworn in as a federal
judge! What else would I wear?”
I dashed off to my hotel room. At least, I’d driven
to Point Clear in semi-professional garb — dark slacks,
a dress shirt and dress shoes — but I didn’t have a coat
and tie! Norma Walters suggested I ask the hotel’s front
desk. I did. No luck. I put on the slacks and dress shirt
and headed to the secret location of the ceremony. I was
nervous and dreading my too-casual entrance even more
than singing my song as Bar President the following night.
Where would I find a coat and tie?
Just then, I saw a guy — about my size — wearing
a coat and tie and headed right toward me. And, more
importantly, he was wearing a name tag! A hotel employee.
“Excuse me, Sir. This is going to sound a bit strange, but I
am about to go to the swearing in of a federal judge, and
I really need a coat and tie. Do you have any idea where I
could find a coat and tie — even if it’s your coat and tie?”
His name was Drew, he was one of the Grand Hotel’s
kitchen managers and he could not have been nicer. “Sure.
How long will you need them?” Boom. I was covered.
Drew and I wore the same size coat, and I’d never been
happier to wear a Cintas tie! Moments later, I ran into
6
Around the Bar
Mark Upton, our local federal public defender, who was
headed where I was — also without a coat and tie. Mark
pulled the same trick with a waiter who lent him a tuxedo
jacket! We were both ready for federal court.
Properly clad, I had the great privilege of watching
an awesome (and I use that overused word appropriately
here) ceremony. Along with a handful of others, mostly
federal judges, federal court personnel, and close friends
and family of then soon-to-be Judge deGravelles, a
lawyer I’d respected my entire career, I had the privilege
of seeing our Chief Judge Brian Jackson administer Judge
deGravelles his oath, after a Presidential appointment and
unanimous confirmation by the United States Senate, as
a new Article III judge. What a great moment for him —
and all of us.
Judge deGravelles, as you succeed Judge Brady (who
succeeded Judge Parker), may you be kind to young
lawyers; may you cut slack when appropriate to the
Hungry Jacks; may you be courageous; and may you
never forget what it was like to be a lawyer. Keep sacred
your oath, and do justice, my friend.
To all of us, as we go to the polls in the next few weeks
and vote in elections for state court judges, let us all be
mindful of the important work they do. Let us remember
to elect or retain those who will honor their offices, be fair
to all, and do what is right. Our system demands it.
October 2014
tales from
the bar side
BY VINCENT P. FORNIAS
Those of you without a semblance of a life have
followed my erstwhile family travel journals from the time
my two daughters (D-1 and D-2) were veritable rug rats.
Now it was time for The Next Generation, the daughters,
ages 7 and 5, of D-1 (G-1 and G-2), based in New Orleans,
to take their first turn. Along on the 700-mile road trip to
our cabin in East Tennessee were our own trusty rescue
pooches (P-1 and P-2). On arrival, we discovered that D-2
had had a change of heart and would also be flying in
from Ft. Lauderdale with our third granddaughter, age
six months (G-3). To the best of my knowledge, no other
mammals inhabited our place. Below are the highlights.
Prologue — Less than two weeks before long-planned
excursion, wife, in our travel wheels, gets up close and
personal with motorcyclist, wrecking our travel wheels.
My $1,000 deductible long gone, I opt for OPEC of body
shops, boutique place that promises return of wheels the
day before planned departure. The afternoon of promised
day, they come through.
Wednesday, 7/23/14, 6:32 a.m. — After systems check,
October 2014
For the first time in forever
depart with P-1 and 2 in back seat, wedged in between
empty kid booster seats, for estimated 8 a.m. rendezvous
with D-1 at McD’s in Pearl River for drop-off of G-1 and
G-2. Contact made at 8:04. Not a bad start. Two Gs’
luggage rivals in size anything seen on the QE-II. So much
for rear view. Once Gs are boostered and belted in, the Ps
rival anything seen on Gaza Strip, and ominous warfare
commences before P-1 draws line of death, forcing P-2
under wife’s legs in front seat for the duration. Things
calm down promisingly, with each G sporting own i-Pad
(these young parents just don’t KNOW), and occasionally
serenading us with tunes from their current favorite Disney
flick, “Frozen.” They both basically know entire score. G-2
is soon warned for first of many times to use her “indoor
voice.” G-1 shares with us re summer-day-camp gossip,
including Sarah, who “gets all makeuppy” all the time. At
11:47, G-2 utters first “Are we there yet?” of trip. Each
pit stop is plate-spinning act between excited Ps ready to
cavort and keeping the Gs at bay from assorted moving
vehicles. By early afternoon, first near crisis as G-2’s i-Pad
Around the Bar
7
bagging BR biker. Forty long minutes later, picnic and wade
running dangerously low on juice. At next gas station, in
into river and hike along Metcalf Bottoms to site of old
Tuscaloosa, ask convenience store attendant if he happens
time schoolhouse. G-2 insists on being called “Ethel” for
to carry any i-Pad car chargers for sale. Miraculously, he
rest of trip. At early dinner in Gatlinburg restaurant, while
reaches under counter and hands me one that another
protecting wristwatch from grasps of G-3, G-2 inquires,
traveller left behind. There is a God. The G antsy quotient
“Why do you need to tell time in the mountains?” She has
gets almost overwhelming as we hit 5 p.m., with almost
a point.
three hours to go. Fifty miles away, P-2 has had it with
Saturday, 7/26/14 — Morning checkers match with G-1
the front floor accommodations and is having hissy fits of
culminates in her victory via magical kinging move that she
anticipated liberation. After reaching cabin, unpacking,
claims is legal, and uses her other (absent) grandmother as
engaging in missing “blankie” search for G-1 and mediating
authority. Google disagrees, but decide to buy peace. D-2
bunk bed arrangements, it is long-awaited time for tucking
asks for date alone to Gatlinburg with her nieces, leaving
in — at which time stressed P-2 leaps on their bed and
us to care for G-3, who shows no interest in checkers or
steadily relieves his bladder. Battle stations. Finally going
a nap. She texts a pic of “Pancake Pantry,” which she
upstairs to relax, discover I left crucial work briefcase in
mercifully hid from Gs. After several hours D-2 returns
BR, and scramble to contact help to send it ASAP. Lights
to find G-3 stroller downhill in woods (guess who forgot
out at 11:18. “Tired” does no justice to condition.
about brakes?). G-2’s Gatlinburg booty includes souvenir
Thursday, 7/24/14, 4:50 a.m. — Night ends with
shot glass. Realize again why 60-somethings can’t have
thunder and lightning storm resulting in both Ps leaping in
babies.
bed (hopefully with non-bulging bladders). D-2 calls and
Sunday, 7/27/14 — After Pancake Palace breakfast and
announces she’s flying in with G-3 to join us over weekend,
Putt-Putt, back to cabin for G-3 nap and watch original
will arrive at nearest airport by afternoon. Scramble to
Tom Sawyer movie, colorized version from 1930s. G-1
assemble high chair, still in sealed box. After hike down to
and G-2 love it, surprisingly. Struck by scene where “Injun
creek below cabin with G-2, on to Pigeon Forge Parkway
Joe” brandishes knife for all to see during murder trial
where G-1 and 2 insist their parents had taken them to
in courtroom. Must have been at the “old” courthouse.
irreplaceable “Pancake Pantry,” featuring chocolate chip
And don’t ask about depiction of Jim. Soon another
pancakes. Find every pancake house EXCEPT “Pancake
80-mile mountain round-trip to deposit D-2 and G-3 at
Pantry.” Settle for “Reagan’s Pancake House.” No sign
of Nancy. After meal, local waitress hands
me check and adds, “Now you’uns kin
bring that up to the register whenever
yew take a notion.” Next off to shop for
replacement “blankie” for disconsolate
G-1. G-2 upgrades as well. While wife on
grocery run, engage Gs in pingpong and
checkers, and embark on impossible jigsaw
puzzle, featuring The Blue Mosque. Then
mandatory nap time (for all but Yours
Truly), who is back on road for 80-mile
mountain road round trip to pick up D-2
and G-3 at airport. Return drive is 112-mile
round-trip (including wrong turn). Back
at cabin, hooch cocktail is dinner fare for
driver.
Friday, 7/25/14 — Escaped inside
cabin to take work conf. call on porch to
find tree service crew working on adjoining
cabin. After massive logistical packing,
head off to Smokies National Park for
picnic and hike. Since no room left in back
seat with the three Gs and various childseat contraptions, D-2 volunteers to ride
in back cargo compartment. Shortly after
12944 Coursey Blvd. | Baton Rouge, LA | 225.751.4024
embark, she gets woozy around mountain
curve, resulting in her old man crammed
in fetal position with baggage, nervously
turning over wheel keys to wife fresh off her
Office Furniture World
Relocating
or starting
a new
business?
New &
pre-owned
furniture
Locally
owned
Coursey Blvd. at Stumberg Ln.
8
Around the Bar
October 2014
airport. Return to call about tornado warning. Not watch.
Warning. Off we go to basement. Find harmonica and
serenade remaining Gs for duration of siege. Tomorrow?
Worse than tornado; dreaded Dollywood.
Monday, 7/28/14 — Morning walk along crick
(Tennesseean for “body of water”) after heavy overnight
rainfall reveals sights and sounds as soothing as South
Seas sunset. Share some of it from back porch with G-1
and 2. If for nothing else, this is why we came. Then steel
self for Dollywood. On arrival, obvious that TPA (“Tats
Per Adult”) count is way over 1.0. Turns into pricey bust.
After 1:31 inside gates, G-2 finally admits she’s getting sick
and we head home. Tally amounts to $3.06 per minute.
Dolly “will always love” us. As G-2 recuperates, Three
Stoogesarama on TV (new and amusing to Gs) is a lifesaver.
Hard time explaining succession of different Curley Joes,
but am grateful for no Shemp appearances.
Tuesday, 7/29/14 — G-1 finds original missing
“blankie” wedged in laundry room. On mountain drive
to Smoky Heritage Center she declares she prefers the city
to the country, because “it’s so nice and beautiful, and you
don’t have to worry about strange sounds and animals at
night.” Obviously she has been spared Bourbon Street. G-2,
still recovering, swills her medicine from her shot glass.
Fresh from scoring dandy new moccasins, Gs’ argument
back at cabin re taking back a traded Happy Meal prize
is lectured by warning not to ever be an Indian giver, then
wince at its political incorrectness.
Wednesday, 7/30/14 — Embark at 8:45 a.m. for drive
across state to Nashville, site of closest direct flight to NOLA
for G-1 and 2 (we will stay at cabin considerably longer).
Enroute, the off-key renditions from “Frozen” increase in
volume and intensity as approach Nashville airport close
to noon. Now in the terminal, they are bouncing off walls
in anticipation of first plane trip alone. G-1 muses she will
have her own personal flight attendant at her beck and call.
As unescorted minors are summoned onboard, they are
given quick tight hug and look surprised at the prospect of
a male attendant each taking them by the hand as they go
into the tunnel. Last sight is of stereophonic questions as
he leads them into plane. He will never ever be the same.
Think Ransom of Red Chief. As we depart terminal, note
familiar popular billboard with camel traipsing thru office.
Talk about “Hump DAY!” 432 miles later, arrive at cabin
at 6:34 p.m. to grateful solitude.
Epilogue — I think back on past family trip journals and
recall the constant application of at least three intangibles
that I have referred to as The Three W’s (Wheels, Weather
and Wellness). All three again played a part in our latest
journey, but above all, there now appeared a fourth W (as
in Wonder), the incredible wonder of how these decades,
have sprinted swiftly by, producing precious images of past
family voyages reflected in bulging family albums, and
memories saved forever in our hearts.
GAIL’S GRAMMAR
While this isn’t a legal topic, it seems
appropriate for football season.
In sports, “score” can be a noun
or a verb. As a noun, it means the
record of points made in a game.
As a verb, it means to earn points.
When neither side has made any
points, there is still a score – 0 to 0.
However, some people incorrectly
say, “There is no score” when the
game is tied 0 to 0. Instead, the
proper phraseology is, “No one has
scored.” Here’s hoping your favorite
team has a good offense and you
don’t have to use this tip.
Thanks to Mary Thompson
for suggesting this topic.
Send suggestions for future Gail’s Grammar
columns to Gail Stephenson at
[email protected],
or call Gail at 225-771-4900 (ext. 216).
October 2014
Around the Bar
9
message from the chair
BY EMILY PHILLIPS ZIOBER
Do you feel burned out doing the same thing day after
day? Are you adventurous? Try something out of your
comfort zone using your current legal skills or learning new
ones that can make a huge difference in your community.
As the saying goes, “You make a living by what you
get, but you make a life by what you give.”1 Volunteering
is a way of giving that can better your own life as well
as that of others. The Baton Rouge Bar Foundation Pro
Bono Project, handling only civil cases, offers volunteer
hours every day except Sunday at easily reached locations.
Attorneys can develop practice skills in different areas
of the law, have reduced-fee CLE as well as malpractice
insurance through the Project, and positively impact
another’s life.
You can create the time in your busy schedule for at
least one of the following eight volunteer opportunities:
1. Pro Bono Attorney—Volunteers agree to accept two
low-income client cases annually in areas of law they
select.2 Southeast Louisiana Legal Services Corporation
refers the cases to the Pro Bono Panel.3
A win-win situation
6. Conflicts Panel—When Southeast Louisiana Legal
Services represents an adverse party, a volunteer may serve
as a conflicts attorney.
7. Wills for Heroes—This national initiative provides wills
at no cost to first responders (law enforcement officers,
firefighters and EMS), needing volunteer attorneys to
prepare notarial wills, powers of attorney, and living wills
at each event held twice a year. Sponsored by the Young
Lawyers Section of the Louisiana State Bar Association,
in cooperation with the Pro Bono Project, the events have
assisted 173 first responders.
8. Financial Literacy—Education is offered periodically
concerning finance and debt management.5 Approximately
141 participants have attended the seminars since the
program’s inception in 2012.
Stop making excuses! The choice is yours. Make a
difference.
1
Author unknown.
Attorneys may reserve the right to turn down a case at any time and
select from the following
areas: consumer finance,
education, employment,
family law, health, housing,
juvenile, Social Security,
individual rights, wills,
and small successions.
3
The program is financially
assisted by the Interest on
Lawyers’ Trust Accounts
(IOLTA) Program of the
Louisiana Bar Foundation,
Southeast Legal Services,
Family, District, and City
Court filing fees, and
the Baton Rouge Bar
Foundation.
4
The Pro Bono Project
received an outstanding
achievement award in
2013 from the National
Conference
of
Bar
Foundations for the Self
Help Resource Center
and its partnership with
Southeast Legal Services,
the Louis A. Martinet
Society, EBR Family Court,
Southern University Law
Center, and the LSU Law
School.
5
Grant support from a
local bank and the IOLTA
program has made the
Financial Literacy project
possible.
2
2. Ask-A-Lawyer—This walk-in legal clinic is offered two
to three times monthly in East Baton Rouge, Livingston,
and Ascension Parishes at Catholic Charities, Delmont
Service Center, the Office of Family Services and the East
Baton Rouge Parish public libraries. Hours are 9-11:30
a.m. on weekdays and 9:30-11:30 a.m. on Saturday.
3. Thirst for Justice—This clinic located at St. Vincent de
Paul Bishop Ott Shelter is open Wednesday and Thursday
from 3 to 5 p.m. Solo, small, and large firms fill the
volunteer slots at this walk-in location. Ask-A-Lawyer and
Thirst for Justice helped 860 clients in EBR, Ascension
and Livingston parishes in 2013.
4. The Self Help Resource Center—It is the newest walkin clinic dealing exclusively with family law and operating
Tuesday and Thursday from 10 a.m. to 2 p.m. at the East
Baton Rouge Family Court. Law students assist the pro se
litigants with document preparation and filing. Attorneys
in all areas of practice can volunteer to supervise and
notarize documents but cannot offer legal advice. Clients
are informed that they should hire their own lawyers.
Training sessions are offered, although attorneys are not
required to attend. Since the Pro Bono Project became
involved with the program in 2012, more than 3,500
self-represented litigants have received assistance from 68
volunteer attorneys and 120 law students.4
5. Pro Bono Curator—Volunteers act as curators for
adverse parties in pro bono cases, and the Bar Foundation
reimburses advertising costs.
10
Around the Bar
October 2014
PHOTO BY PAMELA LABBE
bar news
Bench Bar Conference 2014 auction earns more
than $10,000 for Bar Foundation projects
PHOTO BY PAMELA LABBE
BRBA President Darrel J. Papillion continued the tradition of singing with
the band at the Bench Bar Conference. In the photo above, Papillion sings
with the V-Tones and performed a Rolling Stones song, Honky Tonk Women,
Friday, July 25, 2014, at the Grand Hotel Marriott Resort, Golf Club and Spa.
“The DWI Mythbusters: DWI vs. Myth” interactive CLE seminar, led by Lance
Platt and Master Trooper Greg Marchand, required several volunteers.
Photographed are some of the volunteers (L to R): Franz Borghardt,
Shannon Fay Borghardt, Heather Hood, Judy Moore Vendetto, Hayden
Moore, Michelle Sorrells and Judge Pam Moses-Laramore.
12345 Perkins Road, Building One
Baton Rouge, Louisiana 70810
www.lawbr.net
welcomes
Jennifer Wise Moroux
Walters Papillion Thomas Cullens, LLC,
is pleased to announce that Jennifer
Wise Moroux has joined the firm as its
newest attorney. Jennifer is a graduate
of Louisiana State University (B.A. 2002)
and the Paul M. Hebert Law Center (J.D.
2007), where she graduated Order of
the Coif. She was the recipient of the
CALI Award for Highest Grade in Torts,
Legal Research and Writing, Admiralty,
Legal Profession and Administration of
Criminal Justice II. She will be working
on the firm’s civil litigation matters.
Bono Project provides legal assistance
to the indigent in East Baton Rouge and
surrounding areas, which helps lessen the
disparity in justice for the less fortunate
in our area.
The Youth Education programs
impact annually about 1,600 schoolaged youths enrolled in public, private,
charter, parochial, charter and home
schools. The programs include Law Day,
High School Mock Trial Competition
and Junior Partners Academy.
PHOTO BY PAMELA LABBE
The 2014 Bench Bar Conference was held July 24-26,
2014, in Point Clear, Ala., at the Grand Hotel Marriott
Resort, Golf Club and Spa. The superhero-themed
conference hosted 150 attorneys and judges for a funfilled three-day educational event.
This is the second consecutive year that an auction
has been held at the Bench Bar Conference. Judge Tim
Kelley and LaDonna Schexnayder served as chairman and
vice chairman (respectively) of the Auction Committee.
Jay Parker served as the chairman of the 2014 Bench Bar
Conference Committee and oversaw the planning of the
entire conference.
The silent auction, held July 25 at this year’s BRBA
Bench Bar Conference brought in more than $10,815,
which will be earmarked for Baton Rouge Bar Foundation
projects, including the Pro Bono Project and the Youth
Education programs.
Assisting more than 2,300 people annually, the Pro
Jennifer Wise Moroux
[email protected]
Phone: 225.236.3636
Fax: 225.236.3650
October 2014
Chris Jones co-chaired the conference golf tournament
along with Jeff Watson. Photographed above are Jones
with the two-man team of Malcolm Dugas and Judge
Pegram Mire (Ret.). Rathmann Chiropractic Clinic was
the major sponsor of the 2014 Bench Bar Conference
golf tournament.
Around the Bar
11
16th Annual
“Belly Up with the Bar” Entry Form
C
o
o
k
-
o
f
f
&
B
r
e
w
f
e
s
t
Event takes place Friday, Nov. 7, 2014
The 16th Annual “Belly Up with the Bar” is a cook-off, brewfest and outdoor party with live music—sponsored by the Young
Lawyers Section of the Baton Rouge Bar Association. Proceeds from this event will benefit the BRBF’s Youth Education
Program. Team and individual entries are welcome. Judges will select winners in a variety of categories. Advance general
admission tickets are $25 per adult, $20 per law student, $10 per child ages 12 to 17, and FREE admittance to children ages
11 and under. Prices at the door are $30 per adult or law student, and $10 per child, so buy ’em now!
LOCATION:
Live Oak Arabian Stables, 6300 Jefferson Hwy., Baton Rouge, LA 70806 in the sheltered arena.
DATE:
Friday, Nov. 7, 2014, 5 p.m. - 9 p.m. — mark your calendars NOW!
WHO CAN ENTER: Anyone who’s willing to cook and serve enough to feed/water our local bar. The entry fee, which is
$125 per team (up to 5 members per team), gets you:
(1) in the door to try all the fabulous food and drinks
(2) all the beer you care to drink, and
(3) the chance to show off your culinary talents
THINGS YOU’LL NEED TO BRING:
• Enough food to serve roughly 300 “sample size” portions
• Any cooking/heating/brewing equipment necessary to serve your entry
• A team of no more than 5 members
• A sign to indicate what you’re making
• Serving bowls (serving size), cups or plates
THINGS WE’LL PROVIDE:
Forks and spoons; beer, live music . . . and fabulous prizes
ENTRY FORM — PLEASE FILL OUT THIS FORM AND FAX IT TO: (225) 344-4805 OR MAIL IT ASAP
To: Baton Rouge Bar Association, ATTN: YLS, P. O. Box 2241, Baton Rouge, LA 70821. Registration Deadline: Oct. 7, 2014.
(CHECKS SHOULD BE MADE PAYABLE TO “BRBF - BELLY UP WITH THE BAR.”
CREDIT CARD INFORMATION CAN BE PROVIDED BELOW.)
TEAM NAME:
__________________________________________
TEAM CAPTAIN’S NAME:
__________________________________________
CAPTAIN’S CONTACT NUMBER:
__________________________________________
CAPTAIN’S EMAIL:
__________________________________________
CAPTAIN’S CITY/STATE/ZIP:
__________________________________________
WHAT YOU’LL BE SERVING:
__________________________________________
FOR “BELLY UP WITH THE BAR” TICKET INFORMATION,
PLEASE CONTACT THE BRBA AT (225) 344-4803.
*If you are unable to participate or attend, but you wish to make a donation
for the BRBF’s award-winning Youth Education Program,
please make your check payable to the BRBF.
Credit Card Information: Type of card: (circle one)
MC VISA AmExp Discover
Name on card: ___________________________________________________________
Exp. Date: _________________________
Security code: ______________________
Credit card number: _______________________________________________________
2014 SPONSORS:
Arthur J. Gallagher & Company
HORNE LLP
Laura and Phil Witter
Davoli Mediation Services
Davoli, Krumholt & Price
Storywood Band
Gilsbar, LLP
Total Care Pain and Injury Centers
Hannis T. Bourgeois, LLP, CPAs
Commerce Title
Court Reporters of Louisiana LLC
Strategic Recruitment Solutions
Garrety & Associates
Lewis Companies
Long Law Firm
Michael J. Goff, D.C./
Louisiana Health & Injury Centers
Perry Dampf Dispute Solutions
Wampold Companies
Baton Rouge Beer Agency
Signature: ______________________________________________________________
12
Around the Bar
October 2014
Book Review:
Michael H. Rubin’s The Cottoncrest Curse
REVIEW BY ED WALTERS JR.
“curse,” and we study the impact of the
main character, one Jake Gold (formerly
Yaakov Gurevich), a “Jewish peddler
man” who sold his wares (especially
razor-sharp German knives) to the
Cajuns and slaves in South Louisiana and
became close to the families involved.
The book reveals, using surprisingly
blunt and colorful language at times, life
during the days of slavery and the degree
of racial, ethnic and religious prejudice
in the Plantation South.
Not often do we read a novel by a
lawyer who “gets it right” — but that is
expected from Mike Rubin, isn’t it?
What we Louisianians will find
enjoyable is the abundant use of Louisiana
names, like Trosclaire Thibodeaux, Tante
Odille Etienne, Tee Ray and Dr. François
Cailleteau (I’d love to hear someone from the Midwest
pronounce that one), and French terms like loup-garou and
pandre de perlainpainpain. Fortunately,
our author doesn’t force us to rush for
our French-English dictionaries.
As a Louisiana lawyer, you will also
enjoy how the intricacies of Louisiana
law play an important role in this case.
The extreme degree of detail
enhances the enjoyment, but the best
parts of the book are the storytelling
Certified Court Reporters
and the character development, and one
Full-Service Court Reporting Firm
character in this book even hired the
Complete Litigation Support
lawyer Louis Martinet!
I can’t wait for the movie.
“Dr. Cailleteau knew how to keep
2 4 - H O U R S E R V I C E
secrets.”
C’est bon.
Video Depositions
So it’s a murder mystery, but not
your classic murder mystery.
Although this incident happens at
the Cottoncrest Plantation in 2012 (in
fictitious Petit Rouge Parish), this novel
juxtaposes the lives of the families of the
Cottoncrest Plantation from 1893 to
2012, and questions whether the events
of 1893 are causally linked to a 2012
murder.
Intrigued?
Just wait.
As this story unfolds we get a deep
insight into plantation life in the late
1800s and how it affected these families
for generations. Without spoiling
anything, we find out early on (like on
page 1) that the Cottoncrest Plantation
is cursed, or, rather, the people who
have lived there for generations are cursed. There are
various twists and turns throughout the 100+ years of this
Kay E. Donnelly
& Associates Inc.
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lsupress.org. ISBN: 978-0-8071-5618-6.
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October 2014
Phone: (504) 299-8220
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Fax: (504) 299-8219
Around the Bar
13
New protections for domestic viol
Domestic violence victims in Louisiana can now obtain
immediate divorce, ongoing spousal support, expedited
entry of protective orders into the state registry, greater
penalties for violation of those orders and exemplary
financial awards in suits arising from injury. (Acts 315,
316 and 317 of the 2014 Regular Session.)
Two circumstances previously listed in Louisiana Civil
Code article 103.1(1) that formerly triggered the 180-day
waiting period, rather than the longer 365-day period for
obtaining a divorce decree, have now become grounds for
immediate divorce. Proof of physical or sexual abuse of
a spouse or a child of either spouse, whether prosecuted
or not, or the existence of an injunction for protection of
a spouse or a child of either spouse, whether by consent
decree or contradictory hearing, are now the fourth and
fifth grounds for immediate judgment of divorce under
article 103.
Focusing on lack of resources, the Achilles heel that
hampers many victims trying to escape their dangerous
situations, a new section of article 112 mandates a final
award of spousal support, leaving to the court’s discretion
only whether it be periodic or lump sum, and adds the
“existence, effect, and duration” of domestic violence,
whether prosecuted or not, to the list of considerations
for setting the amount and duration of final support.
The requesting spouse must still be free of fault before
the petition of divorce is filed, and in need of support.
Another addition to article 112 allows the court to set
an award in excess of the one-third of the obligor’s net
income, overriding the limit otherwise imposed.
A new section to article 113 makes an exception to
the current termination of interim support either upon
judgment of divorce, or upon judgment on a final spousal
support claim or 180 days from divorce judgment,
whichever comes first. Newly added Section C allows
spousal support at the highest set amount if judgment of
divorce is rendered pursuant to article 103(4) or (5). If the
final spousal support award does not exceed the interim
support award, the interim award is extended to at least
180 days from rendition of divorce judgment, and the
final support obligation begins only after interim support
terminates.
Louisiana R.S. 9.327 provides that when determining
domestic abuse for spousal support, the court must
consider “any criminal conviction of the obligor spouse
for an offense committed against the claimant spouse
during the course of the marriage,” and, in the absence
of criminal conviction, allows the court to order “an
evaluation of both parties” when determining “the
existence and nature of the alleged domestic abuse.” The
evaluation must be conducted “by an independent courtappointed mental health professional who is an expert
14
Around the Bar
in the field of domestic abuse,” and
who has no family, financial, or
prior medical relationship with any
party or attorney of record. The
evaluator must provide the court and
the parties with a written report of
findings. The legislature has neither
identified nor designated funds for
payment of these court-appointed
evaluators, but the Legislative Fiscal
Office “anticipates” that the court
will assess the cost of evaluation to
the litigants “based on some financial
means determination” or provide the
evaluation “at no cost to indigent
litigants.”
Article 118 specifies that failure
to file for divorce or final spousal
support shall in no way affect the
right of the party to seek other
remedies provided by law.
“Exemplary
damages,”
in
addition to general and special
damages, are authorized by Louisiana
Civil Code article 2315.8.A, with proof that injuries upon
which the action is based were caused by “a wanton and
reckless disregard for the rights and safety of a family
or household member” through acts of domestic abuse
resulting in “serious bodily injury or severe emotional
and mental distress,” whether or not the defendant was
prosecuted. However, if the court determines that any
action alleging domestic abuse is frivolous or fraudulent,
section B allows the court, on its own motion or motion
of a party, to award court costs, reasonable attorney fees
and “any other related costs” to the defendant, and to
order any other sanctions and relief requested pursuant to
Code of Civil Procedure article 863. That article requires
pleadings to be signed by an attorney of record or a party,
and treats the signature as certification that the pleading
is warranted and not for an improper purpose such as to
harass.
Louisiana R.S. 9:366.A now requires a judge who
signs a Uniform Abuse Prevention Order to “immediately”
forward it to the clerk of court for filing “on the day that
the order is issued” and requires the clerk to transmit the
order electronically or by fax to the Judicial Administrator’s
Office of the Louisiana Supreme Court for entry into the
Louisiana Protective Order Registry. By the same means,
the clerk must send a copy to the chief law enforcement
officer of the parish where the protected person resides “as
expeditiously as possible, but no later than the end of the
next business day after the order is filed.”
October 2014
lence victims
BY ANITA WHITE
Handling domestic
violence cases
BY WENDY L. EDWARDS
Added to the duties and power of law enforcement
officers previously enumerated in R.S. 46:2140 is the
mandate to “immediately arrest” the abusing party when
the officer has reason to believe that a family or household
member or dating partner has been abused and the abusing
party is in violation of a protective order.
In an impressively concerted effort, the legislature
further addressed the problem of violence against women
and children by expanding criminal law regarding human
trafficking and increasing requirements for posting national
hotline information. (Acts 564, 554, 565 and 569.)
The Louisiana Women’s Policy and Research
Commission 2013 Report states that Louisiana is ranked
ninth in the nation for homicides of women by men.
According to the Louisiana Coalition Against Domestic
Violence (LCADV), their member programs provided
almost 91,000 nights of emergency shelter in 2012 and
documented more than 1,800 incidents of unmet needs
due to low staff and lack of shelter beds.
It is heartening, therefore, to see state and local
government acknowledge and make concerted protective
responses to the real and tragic danger of violence in
intimate relationships where there should be care and
protection. Especially to be commended are members of
the bench, attorneys, court personnel and law enforcement
officials who are educating themselves about domestic
violence.
October 2014
As the Baton Rouge area grapples with an increasing
number of domestic violence incidents — some resulting
in murder — I was encouraged when earlier this year our
local judges, attorneys and mental-health professionals
endeavored with local law enforcement to educate the
legal and mental-health community about how we, as
members of the bar, can impact these cases. In June, the
Baton Rouge Bar Association and the Louisiana Chapter
of the Association of Family and Concilliation Courts
presented a CLE seminar titled “Domestic Violence in
Our Community: Impact and Intervention.” The goal
of the workshop was to help others understand the
importance of domestic violence training and to ensure
that the victim does not get further victimized through
our court system. By providing training to everyone
who encounters domestic violence victims throughout
the process, from court employees and staff, to officers,
judges and attorneys, they could then recognize the danger
inherent in these situations; be able to explain to victims
the services available to them; and identify the behaviors
that both domestic violence abusers and victims exhibit
after an incident.
How the victim and the abuser present in court was
one of the seminar’s main focus areas. Victims of domestic
abuse do not always react the way that one might expect.
They may not cower or break down when the see their
abuser in court. For instance, a man (we will assume that
the man is the abuser, although this is not always the
case) who has been abusive to his wife is usually a master
manipulator. People are going to find him to be congenial.
He is going to present well publicly, while privately
controlling his wife and ostracizing her from her friends
and family. By the end of their relationship, she will have
become estranged from her support group.
When they come to court, one type of victim is
probably anxious, depressed, scared about what might
happen and may come across as irrational, so much so
that her parental competency is called into question
because of her apparent emotional instability or histrionic
presentation. The abuser, meanwhile, looks stable, but is
hiding what some might call a congealed pathology. We
as attorneys/judges must recognize that her emotional
state is situational and due to the abuse he has caused,
and may still be causing just by his presence next to her in
the courtroom, thereby ratcheting up her level of anxiety.
article continued on page 22
Around the Bar
15
16
Around the Bar
October 2014
PHOTO BY PAMELA LABBE
Interview with Quintillis K. Lawrence,
Commissioner, 19th Judicial District Court,
East Baton Rouge Parish
BY GAIL S. STEPHENSON
ATB: Tell me a little about your background.
QKL: I was born in Saginaw, Mich. My aunt lived in
New Orleans. She wanted me to come down and attend
college here when I graduated high school. I’ve been here
ever since.
ATB: Where’d you go to college?
QKL: Southern University, at New Orleans, and then
straight to law school at Southern University Law Center.
I graduated in 2001.
ATB: Tell me a little about your experience in law school.
QKL: If I had to do it over again, I probably would, but
only with the same people. I made a lot of friends. It was
different from what I have experienced as an attorney.
As an attorney, you learn so much about what you could
have focused on in law school if you knew a little bit more
about this or that, like procedure. If I had known then
what I know now, I would have studied this, I would
have taken that, I would have kept that outline. But my
experience was very fun.
ATB: You’re the commissioner. Tell us a little about what
the commissioner does.
QKL: Nicole Robinson and I handle the post-conviction
relief for the 19th JDC, except for first-degree murder
cases, and we handle the inmate lawsuits throughout the
State of Louisiana. If they are suing the Department of
Corrections, we handle it. We handle parole revocation
appeals and executory process for the 19th JDC, and we
also handle unopposed expungements. We also sit ad
hoc for the criminal judges sometimes to deal with status
conferences, probation reviews, arraignments or sign
warrants when they are in trial or out of town, such as at
the Bench Bar Conference. We cannot sit for civil judges
because, for the most part, what they do will result in final
decisions, and we can only make recommendations, not
final determinations. When we make a recommendation,
the opposing party gets the opportunity to traverse it.
The district court judge has to say yea or nay on our
recommendations. That’s what happens on post-conviction
relief and prison litigation.
ATB: Tell us a little about handling the prisoner matters.
October 2014
QKL: Any time a prisoner files a grievance through the
Administrative Remedies Procedure Claim process, we
handle it after the warden has made a decision and it’s
been appealed to the Secretary of Corrections. After Mr.
LeBlanc makes a decision, the prisoners have 30 days to
ask for judicial review. We make a recommendation, the
prisoner has 10 days to traverse it, and the judge decides
whether to go along with our recommendation.
ATB: What’s the most interesting prisoner case you’ve
handled so far?
QKL: Actually, it was a very simple case. A prisoner
wanted the bottom bunk. The prisoners have the
opportunity to ask whatever they want in the grievance
procedures. He felt that was a prison condition he had a
right to make a grievance about, and we made sure he got
judicial review.
ATB: So did he get the bottom bunk?
QKL: No, you can’t just get the bottom bunk. The bottom
bunk might be guaranteed at your house, but not with the
wardens at the serious prisons.
ATB: You’ve been the commissioner for two years
[since July 2012]. What did you do before becoming
commissioner that prepared you for that position?
QKL: Nothing! When I was going through the interview
process, they asked me how I was going to deal with
having 15 bosses. I thought my military experience would
help with that. But honestly, the judges don’t bother us.
They let us do our job. When we see one of them, they
greet us and tell us we’re doing a good job.
Only attorneys with the DOC and a few lawyers in
town deal with prison litigation. I was prepared for dealing
with post-conviction relief because I have been the subject
of post-conviction relief, having been a public defender.
That was easy to move into. But prison litigation, which is
the majority of what we do, nothing prepared me for that.
There’s not a plethora of case law on prison litigation, at
least not reported. There are cases that we live and die
by, and I assume that if I stay there a while, there will be
more.
I always go back and look at the original grievance. If
they’ve added, “by the way, I want $10,000 because I was
put in lockdown for two days,” we don’t handle that. If
Around the Bar
17
a prisoner wants to file an ordinary action, he has to use
ordinary procedure and it goes to one of the civil judges.
asked me if it was something I’d be interested in. I took a
couple days before I answered her. I think I made a good
decision.
ATB: Tell me about your military background.
ATB: Tell us about your deployment.
QKL: Currently I’m a JAG officer. Before that I was a
noncommissioned finance officer, and before that, an
administrative soldier. I was enlisted for 13 years, and
then after law school and after my deployment, I took
my commission and became a JAG officer. I’m currently
a major. I’m in the 377th Theater Sustainment Command
out of Belle Chasse.
Recently I’ve been nominated, but not yet certified by
The Judge Advocate General of the United States Army, as
a special victim’s counsel. From the day I was nominated,
it’s been weighing heavy on my mind. It’s serious. It’s
dealing with victims of sexual assault. In this climate we’re
dealing with today — well, it’s important every day, but
with the high profile cases that have been in the news, the
political attention it has received … not that any of that
matters to a lawyer because our client is the only thing
that matters.
ATB: Is this something you sought out?
QKL: No, it came to me. My deputy staff judge advocate
18
Around the Bar
QKL: I was deployed once, to Iraq. We were the finance
team that counted all of the money found in Sadam
Hussein’s palaces. At first when we saw all that money
we were like, wow, but after counting that money — 72
cases with about $4 million in each one, American money,
in $20 bills — it was a job. It was all a blur, watching
that money go through the counting machines. We had to
take security measures — go in wearing physical training
uniforms, the MPs would search us going in and going
out to make sure no one had stashed a 20 in his sock.
We were more concerned with doing our job and getting
time off so we could eat, go to the gym, and write home.
We had Internet because there were generals there, so we
could email home. It was kind of like being at Fort Polk
without having the opportunity to go home ever.
We gave that money back to the people of Iraq to
stimulate the economy. We went from Kuwait to Iraq and
provided money to the Iraqi oilfield workers, the doctors,
the judges, and other state employees. We didn’t actually
pass out money, as I was the NCO in charge of staffing
October 2014
the missions for soldiers from our command to take the
money to the Iraqis and the U.S. Liaison. I arranged
security, transportation, and communications.
QKL: Murder.
ATB: You were also a public defender. What was the time
frame?
QKL: No, by the time Mr. Mitchell decided I was ready to
handle those cases, the application process was so onerous,
I just never got around to filling out the application. They
wanted a writing sample, blood sample, your mother’s
maiden name, your left arm, your right leg — they
wanted everything! Rightfully so, because when you’re
representing someone in a capital case, his life is literally
on the line. They want to know that you’re the best person
for the job.
QKL: 2007 to 2012.
ATB: What was your most memorable case?
QKL: I couldn’t say. Unlike being a prosecutor, which I
was before that, you get to know the defendant. Saying
one case was the most memorable would be like picking
one favorite among your children. In our society today,
we look at people based on the crime they are accused
of committing, not as a person who has a mom, brother,
sister, children. He’s somebody’s baby. I think about my
children and I think, “The defendant at one time was the
age of my baby, and somebody loved him the way I love
my child.” You have to look at the defendant as that little
boy who has just grown up and humanize him.
ATB: What was the most serious crime you had to
defend?
ATB: Did you do any capital cases?
ATB: Tell me about your family.
QKL: I’m married to the former Brandi Littles. We have
a son, Jackson, who is eight, and a daughter, Nahtalie,
who is four.
ATB: What do you do when you’re not in court?
QKL: A lot of military stuff. My wife, Brandi, doesn’t like
that too much. We go to the park, go to the movies, just
try to have fun. I try my best not to take any work home.
I try to play golf, but I’m not very good. I’ve made par a
FORMER SOCIAL SECURITY JUDGE
PETER J. LEMOINE
Social Security Disability Law
Offices in Alexandria, Baton Rouge, Cottonport
Adjunct Professor (1994-1997), Northwestern State University
MEMBER: American Bar Association, Louisiana State Bar Association, Baton Rouge Bar Association,
Avoyelles Parish Bar Association, National Organization of Social Security Claimant Representatives,
Legal Services for Purposes of Disability Committee (Louisiana State Bar Association).
PUBLISHED ARTICLES: “The Worn-Out Worker Rule Revisited,”
“Significant Work-Related Limitations of Function Under §12.05C,”
“Questionable Retirement and the Small Business Owner,”
“Crisis of Confidence: The Inadequacies of Vocational Evidence Presented at Social Security Disability Hearings.”
225-922-4551
October 2014
Around the Bar
19
few times — it’s an ugly par, but I’ve made it.
ATB: I’m sure my students will be reading this. What
advice would you give law students and the lawyers who
will be reading this interview?
QKL: Always be prepared. I’m not perfect. There have
been times when I’ve gone to court when I could have been
more prepared. Sometimes you go to court and you’re as
prepared as you can be, and sometimes you may not feel
you were that prepared because you kind of get spanked.
Sometimes you think, “I could have pulled a couple
more cases, I could have explained that a little better.”
Preparation is key. If you don’t have the best argument,
just be prepared on the argument that you
have. If you’re working for an organization
or entity that wants you to argue a position
that’s not the greatest, just argue it the best
you can and be prepared.
The lawyers who appear before me on
post-conviction evidentiary hearings are
appointed by us, and I can say they are
heads and tails above the rest. If you get
appointed by the commissioners, it’s an
honor. I try to appoint lawyers that I would
want representing me. My advice to lawyers
is always, be prepared. Sometimes there is
zero to nothing on the post-conviction relief
claims — because they are so old, and it’s
usually ineffective assistance of counsel, and
there aren’t too many cases that say, “Yes,
that was a terrible lawyer.” But some cases
are coming out now, like [the U.S. Supreme
Court case] Lafler, that held that you can’t
tell your client that he can’t be convicted
of attempted murder because he shot the
victim in the leg. That’s bad advice, and the
defendant is looking to you for advice. For the
most part, though, the cases give the lawyers
wide latitude in what is effective assistance.
Just because the lawyer’s strategy wasn’t
successful is not an indicator of whether the
lawyer’s assistance was ineffective. It’s not
as hard as it used to be to show ineffective
assistance, but I’m not sure there are
too many lawyers in our jurisdiction
giving just outright bad advice.
ATB: Anything you wish to add?
QKL: Those out there who know
me know I’m just a laid back kind of
guy. I don’t take myself too seriously.
My quote is, “If you take yourself
too seriously, nobody else will take
you seriously.” Just relax and do
20
Around the Bar
your job. I’m a purist in the law. I enjoyed my time as a
prosecutor. While in law school, I had the opportunity to
hear a former U.S. Attorney speak on jury nullification —
he believed that jury nullification was appropriate in drug
cases for users and abusers. In law school you usually don’t
learn about jury nullification; you learn pure law. That was
mind blowing, to hear someone in his position say that it
was okay to say someone wasn’t guilty because he was an
addict. It opened my eyes to the fact that the law is not just
what we see on the paper in terms of black letter law nor
the opinion from the court. It’s the people. The people are
the players in the law. No matter how perfect our system of
law is, we’re always going to have the players. The players
make the law.
VOLUNTEERS ARE NEEDED
TO HELP WITH A
LAW CLUB
FOR TEENS IN THE GARDERE AREA.
We need lawyer volunteers to help with a law club for middle and high school students
in the Gardere/South Burbank area. You will work with teens as they learn
more about the field of law. To volunteer or for more information,
please contact Lynn S. Haynes at [email protected] or 225-214-5564.
October 2014
Stand up and be healthy!
We live in a health
conscious world filled
with more opportunities
than ever to be healthy
and fit, yet many of us
continue to be overweight,
out of shape and generally
in a state of decline. With this
consciousness
comes
revolutionary
opportunities to enhance our fitness. One of those
opportunities is finding its way into mainstream society.
And that is the stand up desk.
There is an obesity epidemic in our country.
Understandably, this current obesity epidemic has, in part,
been attributed to reduced physical activity. Research
suggests that the benefits of working out are eliminated by
sitting all day at work or all night at home, and certainly
that is a lifestyle that belongs to many of us. We spend all
day sitting down at the office and at night, we sit down
to watch television, to eat a meal, to read or to do many
other activities.
It is interesting that humans have evolved from a
October 2014
BY GRACELLA SIMMONS
very physical, active lifestyle to one
in which we work very hard to buy
the devices that keep us from being
active, and then often pay money to
join health clubs and hire trainers!
Various studies and research
forcefully suggest that “sitting” is
a public-health risk. “People need to
understand that the qualitative mechanisms of sitting are
completely different from walking or exercising,”according
to University of Missouri microbiologist Marc Hamilton.
“Sitting too much is not the same as exercising too little.
They do completely different things to the body.”
The stark reality is that the negative effects of a
sedentary lifestyle cannot be eliminated by regular trips to
the health club.
Data suggests that people who move around have
a significantly lower mortality rate than those who are
“sitters,” who have higher rates of hypertension, high
blood triglycerides, low HDL cholesterol and high blood
sugar.
As a result of research and studies, a concept has been
developed that has garnered a large following
and may certainly become the norm rather
than the exception. That concept is the
stand up desk. As with any other concept,
the design has evolved from a rudimentary
concept to various sophisticated desks. In
the beginning people would place their
computer on a kitchen counter, fashion
a shelving for the computer on boards
supported by various contraptions, use a
computer propped up by a lectern, or other
creative methods of creating a means to
stand up while on the computer or, in fact,
while doing any office work.
Now on the market are very sophisticated
options. I chose the Geek desk. It is an
automated desk that is raised or lowered by
the use of a button. Breaks from standing
can be easily taken as indicated. My partner
Drew Blanchfield also purchased a Geek
desk. But he had a desk top made of pine,
which matched the other furniture in his
office. Ed Walters has a stand-up cotton
broker’s desk made of cross-cut pine.
Making a choice to get a stand up desk
of whatever kind you choose may be one
of the best choices you can make for your
health!
Around the Bar
21
continued from page 15 [HANDLING DOMESTIC VIOLENCE . . . ]
Meanwhile identifying that he remains cool and collected
because he has been manipulating people for so long.
By realizing what the actual situation is, coaching our
clients on how to best tone down the level of histrionics
and hysteria in the courtroom, we can prevent them from
being further victimized. After all, what would be worse
than having your children taken away from you and
given to the man who has abused you because you could
noteffectively communicate the situation to a judge? As
attorneys, we have the ability to work with mental-health
professionals and receive training in how to handle these
types of situations and to counsel our clients about what
to expect and how to act in a courtroom.
Another type of victim is one who has been empowered
by leaving and wants nothing more than for the judge,
and everyone else, to hear her story. She does not present
as a cowering wallflower, but more like a raging activist.
She may have post-traumatic stress disorder or another
anxiety disorder, but her language and movements are all
going to be well over the top of what you might expect
when confronting the accused. She wants to see him
pay. She is fierce. She is woman, hear her roar. She has
also managed to alienate most of the law enforcement
personnel who try to aid her.
In court, although instructed to just answer the
questions about what happened each time she called the
police, she engages in long emotional tirades. She tells the
judge her story, but looks unstable in the process. At one
point she almost gives up. But, in the end, she has climbed
the mountain and faced her abuser.
Nevertheless, as an attorney, you realize all the victim
receives is just a piece of paper. And that is when it hit me;
these victims need help before court, not once they see a
judge. I urge every one of you to reach out to these women
and arrange counseling with one of the various groups
we have here in Baton Rouge who are better equipped
to handle these situations, like the Iris Domestic Violence
Center 1-800-541-9706; STAR, the Sexual Trauma
Awareness and Response Program 225-383-RAPE; or the
Children’s Advocacy Center 225-343-1984..
Help matters. Support matters. A protective order
matters. A conviction matters. What matters most,
however, is for you to realize that that seemingly unstable
person in your office is not crazy. She just needs your help
— and you have the tools available to give her the help
she needs.
WE ARE PLEASED TO ANNOUNCE THAT
IT ISN’T TOO EARLY TO START
THINKING ABOUT
HOLLY GRAPHIA HANSEN
BENCH BAR 2015,
HAS JOINED OUR FIRM.
which will be held in Point Clear,
Ala., at the
MOORE, THOMPSON
& LEE
A PROFESSIONAL LAW CORPORATION
Charles R. Moore
Steven C. Thompson
S. Layne Lee
James d’Entremont
Holly G. Hansen
Corey J. Hebert
Stephanie E. Robin
6513 Perkins Road • 225-766-1100 • www.moorethompson.com
Charles Moore, Steve Thompson & Layne Lee are responsible for the content of this advertisement.
22
Around the Bar
Grand Hotel Marriott Resort,
Golf Club & Spa
July 23-25, 2015.
Call Marriott Central Reservations
at 1-800-544-9933
or book online at
www.marriottgrand.com.
The hotel reservation room
block code (July 22-27)
for BRBA members is:
BTCBTCA
Contact Ann Gregorie to sponsor:
225-214-5563 or [email protected]
October 2014
October 2014
Around the Bar
23
Friday,
Oct. 24
A Jeans
Day event
to benefit the
PRO BONO PROJECT
of the BATON ROUGE
BAR FOUNDATION
Join the BR area law firms
and other workplaces
Friday, Oct. 24, as they participate in
the third annual GO CASUAL
FOR PRO BONO event to support
the BRBF Pro Bono Project.
Employees at participating
workplaces donate $5 (or more) to
wear jeans to work Oct. 18!
NATIONAL CELEBRATE
CELEBRATE
PRO BONO WEEK:
Oct. 19-25, 2014
To sign up, please
contact Emily Chambers
at 225-214-5558
or [email protected]
The Young Lawyers Section
Holiday Star Project
Sign up to sponsor a child. Please fill out the
form below and fax it to the Bar office
at (225) 344-4805.
Name: ________________________________________________________________________________________
Firm: _________________________________________________________________________________________
Address: ______________________________________________________________________________________
City:________________________________________________________ State: _________ Zip: _______________
Phone: _______________________________________ Fax: ___________________________________________
Email: _____________________________________________ # of stars you wish to sponsor: _______________
The Baton Rouge Bar Foundation will mail your star and child’s wish list directly to you,
along with instructions. Should you have any questions, call Susan Kelley at (225) 214-5559.
24
Around the Bar
October 2014
foundation footnotes
The Pro Bono Project is financially assisted by the Interest on Lawyers’ Trust
Accounts (IOLTA) Program of the Louisiana Bar Foundation; Southeast
Louisiana Legal Services; Family, District and City Court Filing Fees and the
Baton Rouge Bar Foundation.
PRO BONO REPORT — JULY 2014;
TEEN COURT, JPA & SUMMER INSTITUTE REPORTS — MAY & JUNE 2014
PRO BONO PROJECT REPORT
TEEN COURT REPORT
We would like to thank all of our Pro Bono Project
volunteers for their contributions in July.
The Thirst for Justice volunteers were Fred Crifasi;
Scott Gaspard; Deborah Gibbs; Thomas Gildersleeve,
Taylor, Porter, Brooks & Phillips, LLP; C. Kevin
Hayes, Adams & Reese; Byron Kantrow; Alexis Luker,
PPC Mechanical Seals; Allen Posey; Stephen Strohschein,
McGlinchey Stafford, PLLC; and James Zito.
The Ask-A-Lawyer volunteers were Terry Bonnie;
Monica Doss, La. Dept. of Revenue; and Emily Ziober.
The Self Help Resource Center attorney volunteers
were Joseph Ballard, Todd Manuel, Entergy Services,
Inc.; Ryan Brown, Roedel, Parsons; Nicolette Colly,
La. Dept. of Justice; Melissa Grand, Scott Levy, Tracy
Morganti, Adams and Reese; Greg Hughes, Southeast
Louisiana Legal Services; Denise Lee, Louisiana Workforce
Commission; Alexis Luker, PPC Mechanical Seals; Judith
Martin, Franciscan Legal Services; John Obebe; Annette
Peltier, Phelps Dunbar; and Jennifer Prescott, deGravelles,
Palmintier, Holthaus & Frugé.
The following volunteers accepting pro bono cases
in July: Harold Adkins, Hammonds, Sills, Adkins, Guice,
LLP; Rodolfo Aguilar, McGlinchey Stafford, PLLC;
Michael Breaux; Christopher Cascio; Michael Clegg;
Gary McKenzie, Steffes, Vingiello & McKenzie; Catherine
Cocchiara, Nancy Sue Gregorie, PLC; Donald Hodge;
Lauren Nero, Associated Professional Educators of
Louisiana; Rosalyn Ruffin-Duley; Rolando Urbina; and
Kathryn Watson.
The Pro Bono Project wishes to thank our summer
interns: DeJean Cleggett, Paul M. Hebert Law Center;
Donna Fields, Kendra L. McCray, Southern University
Law Center.
Yolanda Cezar, Raveen
Hills, Melanie Newkome
Jones, Monica Vela-Vick and
Tavares Walker served as
judges for the May, June and
July Teen Court hearings.
Dejean Cleggett and Sheji
LaDay, LSU Law Center,
and Cynthia Vance served as
jury monitors. Curtis Nelson,
Courtney Myers, Raveen
Hills and Jessica Elliott presented at the June 7, 2014, Teen
Court training session. Commissioner Quintillis Lawrence
presided over the swearing-in ceremony. Kevin Clement
also assisted with the training session.
JUNIOR PARTNERS ACADEMY
In May, Steve Carleton, Preston J. Castille Jr.,
Christie Chapman, Melanie Fields, Lisa Freeman, Gail
Grover, Jamie Gurt, Raveen Hills, Wendy Shea, Lykisha
Vaughn, Judge Trudy M. White and Sirena Wilson
gave presentations at Dalton Elementary and Southern
University Laboratory School.
SUMMER YOUTH LEGAL INSTITUTE
In June, Kim Brooks, James d’Entremont, Amanda
Darby, Judge Douglas Dodd, David Fleshman, Gail Grover,
Darius Henderson, Raveen Hills, Commissioner Quintillis
Lawrence, Dwayne Murray, Deidre Roberts, Wendy Shea,
Rachel Smith, Hanna Thomas, Monica Vela-Vick and
Tavares Walker assisted with creating materials and gave
presentations during the Summer Youth Legal Institute.
Dejean Cleggett and Sheji LaDay, LSU Law Center, and
Cory Alford, SU Law Center, also assisted.
Yigal Bander
Attorney at Law
Representing Professionals
in Disciplinary Actions
Teen Court of Greater Baton Rouge is funded
by funding from the Louisiana Office of
Juvenile Justice, the South Burbank Crime
Prevention District and the Baton Rouge Bar
Foundation. The Youth Education Program is
financially assisted by the Interest on Lawyers
Trust Account (IOLTA) of the Louisiana Bar
Foundation.
8075 Jefferson Highway, Baton Rouge, Louisiana 70809
Phone: (225) 383-9703
October 2014
Fax: (225) 383-9704
Around the Bar
25
October 2014
For classified or display ad rates,
contact Pamela at (225) 214-5560
or email: [email protected]
Duty Court
Schedule
1
1
5
6
12
1
2
253
4
7
8
9
10
11
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Calendar
Classifieds
Ongoing: Every Wednesday & Thursday, 3-5 p.m.,
Thirst for Justice takes place at St. Vincent de Paul.
TH
19 JDC CIVIL COURT
Sept. 22-Oct. 3
Oct. 6-Oct. 17
Oct. 20-Oct. 31
Judge Clark
Judge Bates
Judge Caldwell
19TH JDC CRIMINAL COURT***
Sept. 26-Oct. 3
Oct. 3-Oct. 10
Oct. 10-Oct. 17
Oct. 17-Oct. 24
Oct. 24-Oct. 31
Oct. 31-Nov. 7
Judge Erwin
Judge Jackson
Judge Daniel
Judge Moore
Judge Johnson
Judge White
BATON ROUGE CITY COURT*
Sept. 29-Oct. 5
Oct. 6-Oct. 12
Oct. 13-Oct. 19
Oct. 20-Oct. 26
Oct. 27-Nov. 2
Judge Alexander
Judge Ponder
Judge Prosser
Judge Temple
Judge Wall
FAMILY COURT**
Oct. 1
Oct. 2
Oct. 3
Oct. 6
Oct. 7
Oct. 8
Oct. 9
Oct. 10
Oct. 13
Oct. 14
Oct. 15
Oct. 16-Oct. 17
Oct. 20
Oct. 21
Oct. 22
Oct. 23
Oct. 24
Oct. 27
Oct. 28
Oct. 29
Oct. 30
Oct. 31
Judge Day
Judge Lassalle
Judge Woodruff-White
Judge Baker
Judge Woodruff-White
Judge Day
Judge Lassalle
Judge Day
Judge Baker
Judge Woodruff-White
Judge Day
Judge Lassalle
Judge Baker
Judge Woodruff-White
Judge Day
Judge Lassalle
Judge Baker
Judge Baker
Judge Woodruff-White
Judge Day
Judge Lassalle
Judge Woodruff-White
JUVENILE COURT
Oct. 1-Oct. 31
*Unless otherwise noted, all meetings will
be held at the Baton Rouge Bar office.
Judge Richey
O F F I C E S
F O R
L E A S E
in Baton Rouge on Perkins Road.1-2 lawyer
offices with adjoining furnished secretarial
stations. Include use of large conference room,
kitchen, copy room with high speed digital
copier/scanner/fax, internet, janitorial service,
and utilities. Call Claire at 225-229-5268.
A P P E L L AT E B R I E F S / M O T I O N S .
LSU Law 1997. 17 years experience in
federal/state court specializing in employment
law, including Title VII, FMLA and ADA,
litigation. Admitted to all Louisiana state
and federal courts, US 5th Circuit and US
Supreme Court. Available for brief writing and/
or preparation of dispositive motions. Call
Karen D. Murphy @ 225-673-3522 or email at
[email protected]
B E L LY U P — F R I D AY, N O V. 7
Get your cooking team together and dust
off your prize-winning recipes! Register your
cooking team for Belly Up with the Bar. Friday,
Nov. 7, 2014, at Live Oak Arabians Stables.
Or to just attend, you can buy your ticket in
advance or at the door! Contact Donna for
more information: 225-214-5556 or donna@
brba.org.
MEETING ROOM FACILITIES
AVAILABLE FOR DEPOSITIONS
& MEDIATIONS
BRBA members can reserve conference
rooms for $50 per day ($25 per half day)
per room. Non-members receive
a rate of $250 per day
($125 per half day) per room.
To book space or for more information,
contact Meredith French at 225-344-4803
or [email protected]
544 MAIN ST. • BATON ROUGE, LA 70801
WWW.BRBA.ORG
NOTE: Duty Court changes at 5 p.m. each Friday unless
otherwise specified. *City Court’s Duty Court schedule
changes each Monday at 8 a.m. **Family Court’s Duty Court
schedule is completely different each day, rotating on Fridays
***19th JDC Criminal Court changes each Friday at noon.
COURT HOLIDAY
Monday, Oct. 13
Columbus Day
Ongoing: Every Tuesday & Thursday,
10 a.m.-2 p.m., Self Help Resource Center,19th JDC
1
6
8
Volunteer Committee meeting, 12-1 p.m.
Teen Court Hearing, EBR Parish
Juvenile Court, 5:30-8 p.m.
Finance Committee meeting,
7:30-8 a.m.;
Executive Committee meeting, 8-9 a.m.
Pro Bono Committee meeting, 12-1 p.m.
11
15
Ask-A-Lawyer, Jones Creek Library,
9 - 11:30 a.m.
Ask-A-Lawyer, Catholic Charities,
9-11 a.m.;
YLS Council meeting, 12-1 p.m.;
Board of Directors meeting, Juban’s,
6-8 p.m.
16
17
21
Family Law Section meeting
& CLE seminar, Beausoleil Restaurant
& Bar, 12-1:30 p.m.
Law Expo Committee Wrap-Up meeting,
8:30 a.m.
Construction Law Section Lunch &
Learn, 11:50 a.m.-1 p.m.;
Belly Up with the Bar Committee
meeting, 12-1 p.m.
23
LRIS Committee meeting, 12-1 p.m.;
Teen Court Committee meeting,
12-1 p.m.
24
Public Law Section CLE seminar,
11:45 a.m.-1 p.m.;
Go Casual for Pro Bono
28
29
30
Past President’s Dinner, 5-9 p.m.
Ask-A-Lawyer, 10-12 p.m.,
Donaldson Senior Center
Swearing In of New Attorneys,
New Orleans
Take a
pro bono
case today!
Contact Robin at 225-214-5561
or Emily at 225-214-5558.
26
Around the Bar
October 2014
October 2014
Around the Bar
27
Baton Rouge Bar Association
P.O. Box 2241
Baton Rouge, LA 70821
Return Service Requested
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BATON ROUGE, LA
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