Amicuswinter2014

amıcus T A B L E

F E A T U R E S

O F

C O N T E N T S

D E PA R T M E N T S

4 For the Record

Opening Statement 2

by Dean Jim Rosenblatt

Commencement 2013 8

Faculty Focus 10

24 A Voice

For the Children

Playing the Devil’s Advocate 16 Professor Jonathan Will on Bioethics, Healthcare Law, and Examining All Sides of the Issue

Putting the Accent on Relationships 20 Professor Christoph Henkel on the Big Advantages of a Smaller School

28 Justice

Hot Off the MLi Press 50

For the Children

Law and Honor 52 Alumni Dinner and Scholarships Auction 53

46 Going Up

Fellow Alumni 54 Class Action 55 Closing Statement 64

by Tanya Phillips ’02

opening | statement

dents in preparing a thorough and detailed guardian ad litem report and providing testimony at court proceedings.

While practicing attorneys normally serve as guardians ad litem, judges call on our law students enrolled in our courses to be appointed when the litigants don’t have the funds to pay an attorney to serve in this role. Not only are our students serving to protect the interests of the child, but they are also acquiring experience and skills they can use in their practice. When our law students team with a student social worker from Mississippi College, they acquire an understanding of the role the social worker plays in the process, while the social worker student becomes conversant with the legal system in which they will operate.

Our Adoption Clinic provides our law students the opportunity to complete and present to the chancery court all the paperwork required for an adoption. Our chancery judges know this program and the work of our students and routinely move our cases to the front of the docket to permit expedited processing. What a joy it is to see all parties leave the courtroom happy and see the judge, court personnel, and attorneys smiling at the goodness that was just brought about in this new family. What an opportunity for our law students to be the facilitators in bringing about this new opportunity for the child.

The Mission First Legal Aid Office allows our clinical and volunteer law students to work face to face with clients who have legal issues involving children. Whether the issue is a guardianship, change of name, child support, governmental benefits, or housing, the legal assistance provided through the Legal Aid Office can have a profound beneficial effect on children and provide skills training for our students.

On the informal side, a number of our student organizations support efforts focused on children. Whether it is a Toys for Tots campaign, Angel Tree, or Habitat for Humanity house build, our students have opportunities to focus on children and families. They respond magnificently to requests for assistance and support.

This issue of Amicus highlights examples of this good work in the interest of children, and features some MC Law graduates who have devoted their professional lives to the care and support of children. I am proud of those featured, as well as of our graduates who in their daily lives and practices raise children, support the legal system with children’s issues, or assist families, agencies, or educational systems in the nurture of children.

Remember, we all were once children, too.

Graduates and Friends, I love children. My wife and I love our children and our grandchildren.

Children are our hope and our future. In the years to come, they will be our government leaders, teachers, workers, military members, and business people.

To develop into these roles, children ideally would be raised in loving homes, provided an excellent education, and receive proper nutrition and medical care.

However, not all children are raised this way and have these opportunities. Not everyone loves children. In fact, some people injure, abuse, or neglect children. It then becomes the duty of society and its legal system to protect children, to give them the opportunity to grow and mature and become productive members of society.

MC Law is committed to the nurturing of children through the legal system. These efforts are coordinated through our Family and Children’s Law Center, which brings together the school’s curricular offerings, speaker programs, student organizations, and volunteer opportunities.

In legal clinics such as the Child Advocacy in Chancery Court, Child Advocacy in Youth Court, Adoption Clinic, and Legal Aid Clinic, and through courses including domestic relations and juvenile issues seminar, our students have the opportunity to study the legal system and its protection of children and to apply these studies in a practical way.

The opportunity to serve as a guardian ad litem (guardian for the purpose of the legal action only) in court cases allows our law students to be appointed to inquire into the circumstances and conditions of the matter to protect the interests of a child who is affected by the litigation. The report provided by our law student is used by the judge to decide important issues, such as who will have custody of the child. Our chancery and youth court judges routinely share with me their view Jim Rosenblatt, Dean and Professor of Law, MC Law of the excellent and professional work done by our law stu- “Let Justice Roll”

amıcus | 2

“Not only are our students serving to protect the interests of the child, but they are also acquiring experience and skills they can use in their practice.”

amıcus | 3

THE MC LAW LIBRARY LAUNCHED THREE NEW PROJECTS THAT PROVIDE VALUABLE, UP-TO-DATE INFORMATION TO MEMBERS OF THE LEGAL COMMUNITY AT NO CHARGE. The Mississippi Legislative History Project, Mississippi Judicial Data Project, and Mississippi Legal Resources Project involved hundreds of hours of work on the parts of Mary Miller, assistant dean of information technology and legal research, and Stephen Parks, MC Law research, instructional services, and circulation librarian.

“MC Law developed these projects as a free service for the Mississippi legal community,” Dean Miller said. “These are very time consuming projects, but I have to say that working on them has been an enjoyable experience for us. After all, librarians love to do research.”

amıcus | 4

am覺cus | 5

The Mississippi Legislative History Project www.law.mc.edu/legislature/

Mississippi Judicial Data Project http://judicial.mc.edu

MC Law’s Legislative History Project creates a user-friendly The Judicial Data Project is a comprehensive, online overview video library of all topics discussed on the floor of the Missis- of case law in Mississippi that includes statistical information, sippi House and Senate, including debates and discussions on videotapes of oral arguments, and a library of online briefs. every bill presented, whether or not the bill was passed into law. The project includes the most recent data from the Mis Previously, the legislature offered live streaming of its activ- sissippi Supreme Court and Mississippi Court of Appeals. ities and sessions were recorded by the Mississippi Center for The video archive begins in 2004, with briefs added in Public Policy, but the video was not catalogued by category. 2007. Materials are added weekly, ensuring that informaThose interested in seeing the debate on a particular bill had tion remains accurate and up-to-date. two options – watch the live stream or Users can search for case details by party wade through hours upon hours of footage. names, dates of appellate review, or type of The MC Law project catalogues all case. Users can also access statistical inforvideo by topic. Online users may search mation – for example, how many cases were overruled by county, how many justices the footage using the bill number, bill author, or key words in the bill. The entire agreed with one another, and other statistics.

2012 and 2013 legislative sessions are availPrior to the MC Law project, there was able. The concept for the Legislative Hisno means of viewing the oral arguments in tory Project began with Representative these cases. Some briefs were available from Andy Gipson ‘02, who approached Miller fee-based sites, but the Judicial Data Project and Parks about making the idea a reality. is free and also includes the video archive.

Parks then took on the task of viewing and “Some other states offer the video “MC LAW IS HAPPY TO PROVIDE THE cataloging all of the video. archive and some offer the brief archive, INFORMATION GATHERED THROUGH ALL As the legislature does not keep a wordbut to our knowledge, Mississippi is the THREE OF THESE INNOVATIVE PROJECTS by-word transcript, the Legislative History only state to offer both,” said Dean Miller.

AS A FREE SERVICE TO THE MISSISSIPPI Project is the most efficient way to research “The Judicial Data Project is useful for LEGAL COMMUNITY.” — MARY MILLER the exact legislative proceedings involving attorneys who want to go back and watch discussion and debate on bills. Attorneys an oral argument on a case similar to one researching statues to the Mississippi Code can watch the vid- they’re working on, or who want to see an opposing attorney eos to determine legislative intent, members of the media use argue,” Parks said. “The media also refers to it when they’re the site as a valuable research tool, and legal professionals out- reporting on big cases. For example, the arguments resulting side Mississippi have referred to the site when similar issues from the Governor Haley Barbour pardons were very heavhave arisen in their states. ily viewed.”

“No other state has anything like this. Y’all Politics called In recognition of the groundbreaking nature of the it a ‘game-changer,’” Parks said. “I’m proud of the Legisla- Judicial Data Project, the American Association of Law tive History Project as something MC Law created that no Libraries presented MC Law with its 2012 Innovations in one else is doing, but this project goes beyond that. It’s our Technology Award. opportunity to create an archive that will be useful forever.

I’d love to be able to go back in time and watch a former legBY THE NUMBERS islature debate an important issue. This will enable future On average, the Judicial Data Project includes 40 oral generations to do just that.” argument videos and 500 briefs for every calendar year.

IN ADDITION TO DEAN MARY MILLER AND STEPHEN PARKS, CREDIT FOR THE MISSISSIPPI LEGISLATIVE HISTORY PROJECT, THE JUDICIAL DATA PROJECT, AND MISSISSIPPI LEGAL RESOURCES IS DUE TO DANIEL COLE, MC LAW’S DIRECTOR OF INFORMATION TECHNOLOGY, WHO HANDLES THE TECHNICAL SIDE OF MAKING THE INFORMATION AVAILABLE ONLINE.

amıcus | 6

“IT’S OUR OPPORTUNITY TO CREATE AN ARCHIVE THAT WILL BE USEFUL FOREVER. I’D LOVE TO BE ABLE TO GO BACK IN TIME AND WATCH A FORMER LEGISLATURE DEBATE AN IMPORTANT ISSUE. THIS WILL ENABLE FUTURE GENERATIONS TO DO JUST THAT.” — STEPHEN PARKS PASS THE POPCORN MC Law librarian Stephen Parks watched hundreds of hours of videotape to create the Mississippi Legislative History Project. The final catalog from the 2013 legislative session included 1,421 individual video clips that add up to 116 hours worth of footage.

Mississippi Legal Resources http://law.mc.edu/mlr

The Mississippi Legal Resources Project puts up-to-date legal information at the fingertips of attorneys and legal professionals through a mobile app for iPhones and iPads.

Launched in September 2013, the app links to federal, state, and MC Law resources, providing information in an instant from any location with mobile service. Federal information includes federal rules, Fifth Circuit opinions and rules, and Northern and Southern District Court opinions and rules.

State resources include links to the Mississippi Code and the state constitutions, as well as to Supreme Court and Court of Appeals opinions.

Mississippi Legal Resources also links to the Rules of Civil Procedure, Rules of Evidence, Rules of Appellate Procedure, and Rules of Professional Conduct. MC Law updates these

rules anytime the Supreme Court issues an order amending any of the rules; the Supreme Court typically issues five to 10 amendments per year. MC Law resources, including the Legislative History Project, Judicial Data Project, and the law library’s online catalog, are also available.

“Like the Legislative History Project and the Judicial Data Project, Mississippi Legal Resources is all about making sure attorneys have access to the most up-to-date information,” Dean Miller said. “MC Law is happy to provide the information gathered through all three of these innovative projects as a free service to the Mississippi legal community.”

amıcus | 7

The American Association of Law Libraries presented MC Law with its 2012 Innovations in Technology Award for the Judicial Data Project.

2013 Commencement

am覺cus | 8

May 10, 2013 was a day for laughter and tears as 198 students marked their graduation from MC Law. Friends and family members filled First Baptist Church in downtown Jackson, each beaming with pride as his or her son, daughter, husband, wife, or friend accepted a diploma representing years of hard work, study, and sacrifice and the key to a successful career ahead. Honorary diplomas were also presented to Dean Mary Libby Payne, founding dean of MC Law; Judge Kent McDaniel, Rankin County Court Judge; and Chief Judge Carl E. Stewart, U.S. 5th Circuit Court of Appeals, who delivered the keynote address. Congratulations to the MC Law Class of 2013, whose members had much to celebrate on May 10 and even more accomplishments to look forward to in the years to come.

PHOTOGRAPHY BY AMELIA PATTERSON

am覺cus | 9

faculty | focus

Donald Campbell ’01

Meta Copeland ’98

Angela Mae Kupenda ’91

Donald Campbell

Meta Copeland

Professor Campbell published an article entitled “Partisanship, Politics and the Voting Rights Act: The Curious Case of U.S. v. Ike Brown” in the Harvard Journal of Racial and Ethnic Justice. Campbell also served as a presenter at the Ben J. Altheimer Symposium at the University of Arkansas Law School (Little Rock) in February 2013. The symposium was entitled, “A Question of Balance: 40 Years of the Uniform Residential Landlord and Tenant Act and Tenants’ Rights in Arkansas.” Campbell published an article associated with the symposium entitled “Forty (Plus) Years after the Revolutions: Observations on the Implied Warranty of Habitability.” Campbell published an article entitled, “The Sky is Falling (Again): Evaluating the Current Funding Crisis in the Judiciary,” in the New England Law Review. The article was published as part of a symposium, “Crisis in the Judiciary” held in November 2012 in Boston, Massachusetts.

Campbell served as the faculty advisor for the Pace National Environmental Law Moot Court Competition team, which advanced to the quarterfinals of the competition. He also served as the moderator of a legal symposium sponsored by the Law Review at MC Law entitled, “Ethics 20/20 The Future of Professional Responsibility” held March 1, 2013, at MC Law. Campbell contributed the introduction for the symposium edition of the Mississippi College Law Review.

Professor Campbell also gave a number of presentations on legal ethics, including “The Judge as Cheerleader? The Lawyer as Parent? Ethical Concerns for Lawyers and Judges in Problem-Solving Courts” at the Eighth Annual Drug Court Training Conference; “State Legislation Restricting Undocumented Immigrants after Arizona v. United States,” before the Mississippi House of Representatives Judiciary Committee B; “The Perfect Storm; Legal Ethics and the Great Recession” at the Stewart Title Insurance T.I.P.S. Seminar.

Professor Copeland coached two teams for the American Bar Association National Appellate Advocacy Competition, along with Professor Deborah Challener. One team advanced out of the preliminary rounds during the regional competition in Boston, Massachusetts on February 28 – March 3rd. Lindsey Oswalt ’09 and Larry McCarty ’11 provided assistance as attorney coaches. She also coached an MC Law team that competed against the University of Mississippi at the Mississippi Workers Compensation Education Conference, held on April 19, 2013 in Biloxi, Mississippi. Tim Crawley and Danny Culpepper, of Anderson Crawley & Burke, provided valuable assistance as attorney coaches for the team. Professor Copeland also coached two MC Law teams that competed in the E. Earle Zehmer Workers’ Compensation Institute in Orlando, Florida in August 2013. Daniel P. Culpepper, of Anderson, Crawley & Burke, PLLC, served as the attorney coach and provided excellent substantive guidance on workers compensation law and procedure. One MC Law team won the award for Second Best Brief. This is the second brief award that MC Law has won at the Zehmer competition, and MC Law is the only non-Florida law school to win any awards at this competition.

As director of the public service law center, Professor Copeland hosted Joining for Justice: A Social Justice Talk and Reception, at MC Law in April 2013. Speakers were Jonathan Rapping, president and founder of Gideon’s Promise, and Ilham N. Askia, executive director of Gideon’s Promise in Atlanta, Georgia, and a panel of local attorneys: Jacinta Hall, June Hardwick ’06, and Gregory Spore ’10. Gideon’s Promise (formerly the Southern Public Defender Training Center) is an organization committed to training and supporting public defenders across the South. The organization’s efforts and those of its lawyers have even been chronicled in the awardwinning documentary, Gideon’s Army, which aired on HBO in July 2013.

amıcus | 10

faculty | focus Professor Copeland was inducted as an honorary member of the MC Law School chapter of the Order of Barristers, a national honor society that recognizes excellence in law school advocacy and service.

Professor Kupenda’s article, “(Re) Complexioning a Simple Tale: Race, Speech and Colored Leadership,” was published in the recent LatCrit Symposium issue, 48 The California Western Law Review 399 (2012). Her essay, “Motherhood and the Constitution: (Re) Thinking the Power of Women to Facilitate Change,” was published in 15 The University of Richmond Journal of Law and Public Interest 501 (Spring 2012).

She presented this essay at the Eighth International Globalization, Diversity, and Education Conference, in Vancouver,

participants were Mississippi high school students who were encouraged to help make changes to move the nation toward equality, as many young people did during the 1960s civil rights movement. Kupenda also led a session for the Reuben V. Anderson Pre-Law Program’s 5th Annual Summer Camp on the campus of Tougaloo College.

Also in the summer of 2012, Kupenda presented on a plenary panel, “The Burden of Being Black and Female in the Classroom,” at the Lutie Lytle Black Women Law Faculty Writing Workshop hosted by Suffolk University Law School, Boston, Massachusetts, where she presented her working scholarship in progress. Kupenda also served as a panelist on the teaching discussion group, “Post-Civil Rights and Post Racial?: Teaching and Training the Next Generation of Advocates,” at the Southeastern Association of Law Schools (SEALS) 2012

Washington, in February 2012.

Kupenda and her co-author, Dr. Michelle D. Deardorff, chair of political science department, Jackson State University (JSU), presented their recently published work, “Negotiating Social Mobility and Critical Citizenship: Institutions at a Crossroads,” 22 University of Florida Journal of Law and Public Policy 335 (2011), in February 2012, at the University of Florida, Levin College of Law, at an event hosted by the Journal of Law and Public Policy and by the Center for the Study of Race and Race Relations. Kupenda and Deardorff ’s article was subsequently recognized as one of the best works of recent scholarship relating to equality. Dean Camille Nelson of Suffolk University Law School, Boston, published the review, Oct. 2012, in Jotwell: The Journal of Things We Like (Lots), http:// equality.jotwell.com. In April 2012, Kupenda reviewed papers as a panel discussant at the Midwest Political Science Association Annual Conference held in Chicago.

In June 2012, Kupenda served as a lecturer for several summer courses and workshops. She presented for the course “Race in America Then and Now: ‘Post-Racial’ Perspectives on the Civil Rights Movement,” a collaboration between the St. Paul, Minnesota-based Higher Education Consortium for Urban Affairs and the Fannie Lou Hamer National Institute on Citizenship and Democracy at Jackson State University. This was a civil rights course for college students coming from across the country to examine race in Mississippi. Kupenda also spoke on the “Oral History Panel—Women in the Movement,” for the Hamer Institute’s 2012 Student Summer Workshop, “The Southern Civil Rights Movement: The Pivotal Role of Young People,” hosted at Jackson State University. The workshop

Annual Meeting in Amelia Island, Florida. While at SEALS, Kupenda moderated a panel themed “Workshop on Constitutional Law: President Obama and the Courts: The Appointment Process.”

During the fall of 2012, Kupenda was invited to present her legal-related short story, “May It Please the Court?,” at the crit – A Critical Legal Studies Journal, University of Idaho, annual conference. Kupenda’s short story has been accepted for publication in a forthcoming issue of the crit. Kupenda also presented on a plenary panel, “Teaching Class to Law Students,” at the Northeast People of Color Legal Scholarship Conference, Suffolk University Law School, Boston in October 2012.

Kupenda also presented her work internationally. Her article, “Technological Cultural Disconnects, Impacts on Equality: USA Legal Discourse,” was submitted for a peer review process and accepted for both platform presentation and for publication in the related proceedings of the 5th International Conference on Appropriate Technology, Pretoria, South Africa, in November 2012. Kupenda’s paper was selected for presentation in the plenary paper session, which focused on policy.

Presenters and other dignitaries at the conference were from South Africa, the United States, India, and other countries in Africa, including Sudan, Kenya, and Zimbabwe. Kupenda also served as a peer reviewer for the African Journal of Science, Technology, Innovation and Development.

In February 2013, Professor Kupenda was honored by her high school, Forest Hill High School, where she became the first black valedictorian 39 years ago. Kupenda delivered a Black History Month talk themed, “Are We There Yet? No...

But I hope we are on our way.”

Angela Mae Kupenda

amıcus | 11

faculty | focus Kupenda also writes and presents on issues people of color face as academics and legal professionals. Kupenda’s essay is the lead essay in the collection, Presumed Incompetent: the Intersections of Race and Class for Women in Academia, (Utah State University Press, 2012, also available on amazon.com). In March 2013, Kupenda was a speaker on the plenary panel of several contributors to Presumed Competent at the Symposium of the Berkeley Journal of Gender, Law, and Justice, hosted by the University of California, Berkeley School of Law, held in honor of International Women’s Day and Women’s History Month.

Kupenda also served on a panel with other co-contributors at the Fourth Annual Science, Technology, Engineering and Mathematics (STEM) Women of Color Conclave in Virginia.

Funded by the National Science Foundation, this event is the largest national assembly of women faculty of color representing all academic STEM disciplines.

In April 2013, Professor Kupenda served on a roundtable discussing film and race, and presented her ongoing work examining commercial speech, political speech, film, and hate speech at Gonzaga Law School’s “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality Conference.” Professor Kupenda was also on the program at the Law and Society Association Annual Meeting in Boston, Massachusetts, where she chaired the session, “Women’s Rights: Having it All.” In September 2012, Kupenda presented at the MC Law R. Jess Brown Black Law Students’ Association (BLSA) Academic Retreat on the topic, “Benefitting from Mid-Semester Revelations.” Kupenda also serves as an adjunct graduate faculty member of the political science department of JSU. Professor Kupenda has advised the scholarly work and supervised the projects of several of students who have presented in national conferences and published in national publications. A paper by her then-student Ahmad R. Smith ’13, Tough on Crime v. Smart on Crime: What’s the Difference? was accepted for presentation at the annual conference and accepted for publication in the conference edition of the crit, University of Idaho, A Critical Legal Studies Journal. Smith’s paper, “Too Much of a Good Thing?”: Questioning constitutionality of a legislative body requiring DNA testing for all felony arrestees, was accepted for publication in the Southern Region BLSA Law Journal.

Kupenda advised the submissions and presentations of three of students for the Conference of the National Association of African American Studies, National Association of Hispanic and Latino Studies, National Association of Native American Studies, and International Association of Asian Studies (NAAAS & Affiliates). Tchanavia Bryant ’13 presented her

scholarship on poverty and presidential authority. She also submitted her paper for the Graduate Research Competition, in which it tied for one of the top three papers in the national competition. Jou-Chi Ho ’14 presented his work on immigration reform, undocumented students, and presidential authority. He also submitted his paper for the Graduate Research Competition, where he received an award of recognition. Ho’s paper was published in the NAAAS & Affiliates 2013 Monograph Series. Ahmad R. Smith presented his legal scholarship on the criminal justice system, shifting demographics of the American population, and presidential authority. All three also moderated other panels at the conference. Kupenda attended and assisted.

Ahmad Smith’s article, “Saving Jamal to Save America: Presidential Authority to Decriminalize the Future Male Majority,” was published in the Gonzaga Law Review and presented at the Gonzaga Law School, April 2013 conference, “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality Conference.” Jou-Chi Ho’s scholarly work was presented at the Law & Society Association Annual Meeting and Conference in Boston, May 2013.

Ho presented on a panel themed, “Current Controversies in American Constitutional Law.” His presentation summarized his papers, “Unfulfilled Promises, Plyler at age 30, Educating to Deport” and “A Fresh Look at Plyler v. Doe: Demanding Special, Consistent, Consideration for Plyler Students, using Immigration Law, Contract Law, Tort Law, and Criminal Law,” both prepared under Kupenda’s supervision.

Kupenda is a regular participant in the Southeast/Southwest Law Faculty of Color Legal Scholarship Conference (SESWPOCC), which holds a national law student writing competition. In April 2013, Jou-Chi Ho won second place in the national competition with his paper, A Fresh Look at Plyler v. Doe. Ahmad Smith won third place with his paper, Saving Jamal to Save America. Several of Kupenda’s students have also succeeded in this national competition. Ijeoma Ike ’12 was the second place winner in 2012, and in 2010, then-students Theresa (“Terry”) Neyland ’10 and Stephen Parks ’10, were the first and second place winners. Other papers by law students advised by Kupenda will be published in forthcoming issues of the Berkeley La Raza Law Journal, including articles by Talibah-mawusi Smith ’12 and Justin Townley ’10.

In recognition of her efforts to facilitate law student learning, Kupenda was presented with the MC Law R. Jess Brown Black Law Students’ Association (BLSA) 2012 Faculty Member of the Year Award. In March 2013, Professor Kupenda was honored at a reception hosted by the BLSA chapter and alumni in recognition of student success in legal scholarship.

amıcus | 12

faculty | focus Jeffrey Jackson

Professor Jackson received four awards for teaching excellence and the Faculty Professional Award, all by vote of law students in spring 2012 and 2013.

Jackson published the 17th edition of Mississippi Civil Procedure (editor and lead author) (Thomson Reuters 2012); the 8th edition of Mississippi Insurance Law and Practice (Thomson Reuters 2012), and the annual supplement to Encyclopedia of Mississippi Law (Thomson Reuters 2012) (lead author and editor with M. Miller); the 18th edition of Mississippi Civil Procedure (editor and lead author) (Thomson Reuters 2013); the 9th edition of Mississippi Insurance Law and Practice (Thomson Reuters 2013), and the annual supplement to Encyclopedia of Mississippi Law (Thomson Reuters 2013) (lead author and editor with M. Miller).

Professor Jackson also made the following presentations: Ethical Problems in Human Trafficking Prosecutions, Attorney General’s Office, section for Prosecutorial Training & National Association of Attorneys General conference, Gulfport, Mississippi, February, 2012 (moderator and presenter with Professor P. Bennett); Professionalism and the Mississippi Attorney, Mississippi Bar Leadership Program, Jackson, Mississippi, March 2012; Lawyer and Judge Roles in (Adversarial and) Inquisitorial Process; Professionalism for Lawyers and Judges in Collaborative or Therapeutic Settings, Eighth Annual Drug Court Training Conference, Hattiesburg, Mississippi, May 9, 2012; The Duty to Keep Secrets of the Government Client: Attorney-Client Privilege & the Problem of Client Identity, 2012 State Government Lawyers CLE, Jackson, MS, June 14, 2012, (with M.A. Johnson); Criticizing Judges – Free Speech, Contempt of Court and/ or a Violation of Rules of Professional Conduct, 2012 CLE for Appellate Court Attorneys, Mississippi Supreme Court, August 24, 2012 (with D. Godfrey); Professional Responsibility for Mississippi Lawyers, Mississippi Bar Leadership Program, Jackson, Mississippi, February 21, 2013; Prosecution, Adjudication, Collaboration and/or Therapy, Ninth Annual Drug Court Training Conference, Tunica, Mississippi, May 24, 2013 (with Professor D. Campbell) and What You Don’t Know Can Hurt You: An Examination of Current Ethical Issues in a Changing Environment, Mississippi College School of Law, June 7, 2013, (with Professor Donald Campbell).

Victoria Lowery

Professor Lowery presented a paper entitled “Current Trends in Appellate Brief Writing: Sounding Less Like a Lawyer in Documents Designed to be More Readable” for a panel entitled “The Past, Present, and Future of Appellate Briefs” at the Association of American Law Schools Annual Meeting in

New Orleans, Louisiana (January 2013). She also presented this paper at the Legal Writing Institute’s One Day Workshop at the University of Akron School of Law (December 2012).

Lowery spoke at the Southeastern Association of Law Schools Annual Conference at Amelia Island, Florida, as part of a panel discussion entitled “Teaching Advocacy at NonAdvocacy Schools” (August 2012). Additionally, she spoke at the University of Memphis School of Law as part of a panel entitled “Lessons Learned: Teaching Persuasive Writing and Oral Advocacy to Law Students” (December 2011).

As a National Institute for Trial Advocacy (NITA) instructor, Lowery taught several training programs for practicing attorneys, including “The Complete Advocate: Deposition & Trial Skills” at William Mitchell Law School in Minneapolis, Minnesota, (September 2012) and “Building Trial Skills” at Southern Methodist Law School in Dallas, Texas (June 2010 and June 2011). She also taught NITA’s Trial Advocacy Workshop for all third year law students at Louisiana State University School of Law in Baton Rouge, Louisiana (August 2011).

As the director of advocacy, Lowery coordinated the regional events for several national advocacy competitions hosted by MC Law, including the regional ABA Representation in Mediation Competition featuring law schools from Alabama, Florida, and Louisiana (March 2012); the regional ABA Arbitration Competition featuring law schools from Arizona, California, Florida, Georgia, Florida, and Virginia (November 2012); and the National Moot Court Competition’s regional event featuring law schools from Alabama, Louisiana, Mississippi, and Tennessee (November 2011).

As faculty advisor to the Moot Court Board, Lowery worked with the board to host several Supreme Court Lecture Series speakers including Alan Perry, who spoke about his experience arguing whether Mississippi’s imposition of a tax for the “privilege of . . . doing business” within the state violated the Commerce Clause (March 2013); Stephen Bright, president and senior counsel for the Southern Center for Human Rights, who shared his experiences successfully arguing for reversal of two death penalty convictions in Snyder v. Louisiana and Amadeo v. Zant (October 2012); Rob McDuff, who described his experience successfully arguing that a Mississippi statute conditioning an indigent mother’s right to appeal a judgment terminating her parental rights on prepayment of costs violated the Fourteenth Amendment (March 2012); and Jo Carol LaFleur Nesset-Sale, who talked about her experience as the plaintiff in Cleveland Board of Education v. LaFleur, which struck down a school policy mandating maternity leave after four months (October 2011).

amıcus | 13

faculty | focus

Victoria Lowery ’98

Richard Meyer

Mary Largent Purvis ’01

Mark Modak-Truran

Jonathan Will

As deputy director of the Litigation and ADR Law Cen- Middle East. He also sponsored a program that brought Ales ter, Lowery brought two experienced litigators to campus to Zalar, former Minister of Juice for Slovenia, to the law school. speak with students about the importance of cultivating court- Meyer coached the Veteran’s Claims Moot Court Team that room advocacy skills (September 2011). Stephen Jones of Enid, advanced to the national quarterfinals after having the highest Oklahoma, shared his experiences as lead defense counsel for score in the second round of any team in the nation. He also Timothy McVeigh in the Oklahoma City bombing trial. Shane Read, a U.S. Attorney from Dallas, Texas, and author of Winning at Trial, demonstrated the art of making effective opening statements. Jones also judged the final round of MC Law’s Second Annual Coxwell & Associates’ Top Gun Trial Competition, and Read judged the final round of the Second Annual 1L Opening Statement Competition.

Lowery presented two CLE classes for court staff attorneys and clerks at the Mississippi Supreme Court: “Broccoli Anyone? The Power of Metaphors, Analogies and Other Persuasive Writing Techniques” (August 2012) and “Changes in Document Design and Other Trends in Appellate Brief Writing and Judicial Opinion Writing” (August 2011).

Lowery continues to serve on the Legal Writing Institute’s Moot Court Committee, the only national committee devoted to moot court activities. She serves on the subcommittee that is coordinating the first national moot court conference. Professor Lowery is currently writing a chapter on advising interscholastic competition teams for the first Moot Court Advisors’ Handbook to be published by Carolina Press.

helped coach the Germantown High School Forensics Team that sent three participants to the national finals in its first year of competition.

Professor Meyer was named to the Mississippi Board of Visitors and the International Visitor’s Center and in this role, has met with and hosted visitors and delegates from over 15 countries.

Mary Largent Purvis

Professor Purvis’ article “What’s on your mind?: Status Update on Use of Technology Outside of the Classroom to Enhance the Classroom Experience,” was published in the winter 2013 edition of The Learning Curve, the Newsletter of the AALS Section on Academic Support. Her article “Using Student Panels to Promote 1L Success,” was published in the winter 2012 edition of The Learning Curve, the Newsletter of the AALS Section on Academic Support.

Purvis presented “Creating Light Bulb Moments: Engaging Students in Self-Assessment through Grading Rubrics,” at the AALS 2013 Annual Meeting in New Orleans, Louisiana. She also presented “Millennial Students and the Guided Richard Meyer Self-Assessment,” at the AALS 2012 Annual Meeting in Professor Meyer presented “Putting the Personal in Personal Washington, D.C., and “The Millenium Lawyer: How LitiStatement” as a part of the Fullbright Program at the U.S. gation and Your Practice is Affected by a New Generation of Embassy in Japan. He also presented on American law topics at Lawyers,” at Millsaps College’s Else School of Management seven different law schools in China and presented on Ameri- Continuing Legal Education program in State of Yucatan, can criminal procedure to faculty and students at four Chinese Mexico, on April 4, 2013 Purvis also moderated a 3L prolaw schools last June. Meyer held, sponsored, and moderated fessional program featuring panelists Charles Griffin, Adam a panel on “Human Rights Advocacy and the Rule of Law” Kilgore, Judge Kent McDaniel, Cynthia Speetjens, and Jenthat included 13 human rights advocates from Africa and the nifer Ingram Wilkinson.

amıcus | 14

faculty | focus Mark Modak-Truran

Dr. Mark Modak-Truran, the J. Will Young Professor of Law, wrote and presented an article entitled “A Post-Secular Interpretation of Religious Liberty,” for one of two panels he organized entitled “An Existential Crisis for Secular Liberalism (Part I & II),” at the 16th Annual Meeting of the Association for the Study of Law, Culture, and the Humanities at the University of London School of Law (Birkbeck) in London, England in March 2013. He also presented this paper for a panel by the same name at the Law and Society Association Annual Meeting in Boston, Massachusetts. In addition, Modak-Truran presented an article entitled “The Challenge of Religious and Legal Pluralism for Economic Justice,” for a symposium entitled “Markets, Justice, and the Law,” co-sponsored by the Berkley Center for Religion, Peace & World Affairs at Georgetown University and the Martin Marty Center for the Advanced Study of Religion at the University of Chicago under a grant from the Ford Foundation.

Dr. Modak-Truran is working on several other writing projects including: Legitimation, in Encyclopedia of Political Thought (Michael T. Gibbons, Diana Coole, & Kennan Ferguson eds., Wiley-Blackwell) (forthcoming), Beyond Theocracy and Secularism (Part II):The New Religious Pluralism and a Post-Secular Pluralistic Paradigm for Law and Religion; Book Review, Law & Society Review (2011) (reviewing Prison Religion: Faith-based Reform and the Constitution (2009)); Book Review, Law & Politics Book Review (2011) (reviewing Steven K. Green, the Second Disestablishment: Church and State in Nineteenth-Century America (2010); Beyond Theocracy and Secularism: A Post-Secular Pluralistic Paradigm for Law and Religion (book manuscript); Reenchanting the Law: The Religious Dimension of Judicial Decision Making (book manuscript), and An Existential Crisis for Secular Liberalism (book proposal for edited volume of essays on law and religion in a post-secular world) (with Robin W. Lovin, Cary M. Maguire University Professor of Ethics, Southern Methodist University).

Jonathan Will

Professor Will has written and spoken widely on the Personhood Movement. He was invited to participate in the Faulkner Law Review Symposium in October 2012 entitled “Overlapping Jurisdictions: What Role for Conscience and Religion.” The title of his presentation was: Conscience Legislation, the Personhood Movement, and Access to Emergency Contraception. In connection with the symposium, Faulkner

published Professor Will’s paper of the same title in 4 Faulkner L. Rev. 411 (2013).

Will also spoke at the University of Pittsburgh School of Law as part of their Current Issues in Health Law Program: When Personhood Came to Mississippi. Will presented “Beyond Abortion: Potential Implications of (Pre)Embryonic Personhood on Reproductive Choice,” at the annual Law and Society meeting in June 2012, and his paper “Beyond Abortion: Why the Personhood Movement Implicates Reproductive Choice,” was published in the Boston University School of Law’s American Journal of Law & Medicine in December 2013. Will’s essay “When Potential Does Not Matter: What Developments in Cellular Biology Tell Us about the Concept of Legal Personhood,” (with Eli Adashi, MD (Brown Medical School) and I. Glenn Cohen (Harvard Law School)), was published in the American Journal of Bioethics. 13 Am. J. of Bioethics 38 (2013).

Will received positive feedback from leading scholars on his work in progress, “Beyond Abortion: Pre-Embryonic Personhood and the Constitutionality of Restrictions on Reproductive Choice” at the 36th annual American Society of Law, Medicine & Ethics Health Law Professor’s Conference in June 2013.

Will also teaches and lectures on health care reform. He participated in a discussion, “The Constitutional Implications of National Federation of Independent Business v. Sebelius,” with Cynthia Nicoletti and Matthew Steffey at a meeting of the Mississippi Women Lawyers Association. The Health Law Society hosted a symposium/panel discussion moderated by Professor Will entitled: “Implementing Health Care Reform in Mississippi: Considering Policy and Economics.” The symposium focused on the practical implications of the Patient Protection and Affordable Care Act in Mississippi. Speakers included Mississippi Insurance Commissioner Mike Chaney; a national policy analyst with American Progress, Topher Spiro; an economist, Dr. Bob Neal; a representative from Blue Cross/ Blue Shield who focuses on policy considerations regarding reform implementation, Brooke Plummer; and a prominent local health law attorney Armin Moeller (partner with Balch & Bingham).

Professor Will also traveled with the officers of the Health Law Society to Miami, Florida, to attend the Health Law Section of the ABA’s Emerging Issues in Health Law Conference in February, 2013. He was recognized at Law Day 2011-12 as 1L Professor of the Year for Section Y and at Law Day 201213 as 1L Professor of the Year for Section Z.

amıcus | 15

am覺cus | 16

faculty | profile

PLAYING THE

DEVIL’S Advocate

PROFESSOR JONATHAN WILL ON BIOETHICS, HEALTHCARE LAW, AND EXAMINING ALL SIDES OF THE ISSUE

Professor Jonathan Will isn’t one to shy away from a hot topic.

Will teaches courses in healthcare law and bioethics, and focuses his scholarship and writing on related issues. From the pros and cons of the Affordable Care Act to the religious and medical crossroads of the proposed Personhood Amendment, Will often finds himself in the heart of the debate. But rather than writing about his own opinion, Will’s goal is to help people understand all sides of complex and polarizing issues.

amıcus | 17

IN HIS FIRST YEAR ON THE MC LAW FACULTY, PROFESSOR JONATHAN WILL’S STUDENTS VOTED HIM THE 1L PROFESSOR OF THE YEAR FOR HIS SECTION. HE HAS WON THE AWARD IN EACH OF HIS FOUR YEARS AT MC LAW.

amıcus | 18

I

write about topics that are heated and that people are passionate about,” Will says. “I analyze both sides. An example of that was the paper I wrote on the Personhood Amendment proposed in Mississippi in 2011. My goal was not to say it was a good idea or a bad idea, but to analyze what the amendment actually meant. It’s not uncommon for people to support positions simply because they consider themselves to be Republicans or Democrats. But it’s concerning to vote and make decisions when you don’t fully understand what an amendment means or could mean.”

Will takes the same approach in his teaching. Discussions in his survey class in healthcare law have prompted students who support and students who oppose the Affordable Care Act to consider different viewpoints.

“The students’ personal experiences make them look at the issues in different ways,” Will says. “It’s an interesting class to teach when people have different perspectives, and when you can see their views change when they hear other people’s points of view.”

Will’s interest in medicine and ethics dates back to his years as a student in New York at Canisius College.

“Early on, I was still considering attending medical school,” Will says. “My favorite class was reproductive behavioral endocrinology, where we studied the science of animal reproduction. But then I got interested in philosophy and religious studies, and I decided I didn’t want to sit in a lab and study

rat pheromones all day. The result? I know just enough science to make me dangerous.”

Will graduated summa cum laude with degrees in English and psychology, then earned a master’s degree in bioethics and his J.D. from the University of Pittsburgh, graduating magna cum laude in both fields of study. Prior to joining the MC Law faculty in 2009, he practiced corporate law with the Pittsburgh-based firm of Buchanan Ingersoll & Rooney. Will’s experience as an adjunct professor at the University of Pittsburgh School of Law helped prompt him to make the move from practicing law to teaching law.

“I really enjoyed my interaction with the students,” Will says. “Even as a practicing attorney, my favorite part of the day was when a junior attorney would come in and ask me a question.”

Today, Will is guiding MC Law’s effort to develop new courses in healthcare law while continuing his own scholarship in bioethics. He is writing a second, more in-depth paper on the implications of the Personhood Amendment, and also serves as an affiliate faculty member with the University of Mississippi Medical Center’s Center for Bioethics and Medical Humanities.

While Jonathan Will refrains from interjecting his personal opinions into the classes he teaches or the papers he writes, there is one viewpoint he’s more than willing to share.

“I enjoy helping people learn about things they genuinely want to understand,” Will says. “That’s one of the things I like the best about MC Law. Students here want to learn and they’re engaged as a result.”

BUG OFF “I’M ASKED A LOT, ‘WHAT WAS BIGGEST ADJUSTMENT FOR YOU IN MOVING FROM PENNSYLVANIA TO MISSISSIPPI?’

The biggest shock was that there really wasn’t a big shock.” Professor Jonathan Will pauses, then adds with the slightest of shudders, “Unless you count the bugs. I do not like bugs at all. I think it goes back to a camping trip when I was three or four years old. I was trying to put on my shoe in the dark, and I remember thinking, ‘Why isn't my foot going in there?’ It was because a giant bug had beaten me to it. Every bug down here is huge, and whenever I see one, I scream like a little kid.”

amıcus | 19

am覺cus | 20

faculty | profile

Accent PUTTING THE

ON RELATIONSHIPS

PROFESSOR CHRISTOPH HENKEL ON THE BIG ADVANTAGES OF A SMALLER SCHOOL “The appeal of MC Law was the role I could play here,” Professor Christoph Henkel says. “At the law school where I taught in Chicago, there were 85 faculty members and hundreds of students. I could not get to know them all. There is a warm environment here at MC Law. A smaller school gives students more time and attention, and the faculty is also very open.

From the moment I arrived at MC Law, people wanted to know what I was thinking.”

amıcus | 21

THE BEST OF BOTH WORLDS

Professor Christoph Henkel still has family in Germany and visits his native country at least every other year. What does he miss the most about

Germany when he’s in Mississippi? “Bread,” Henkel answers without hesitation. What does he miss the most about Mississippi when he’s in Germany? “The smell of magnolias.”

amıcus | 22

“I LIKE THAT MC LAW IS A CHRISTIAN SCHOOL. I THINK IT IS GOOD TO FOSTER AN ENVIRONMENT BASED ON FAITH. IT’S NOT ALL ABOUT GETTING AHEAD HERE. IT’S ALSO ABOUT TRYING TO HELP EVERYONE ELSE ALONG. IT IS A COMMUNITY.

I

I’VE SEEN STUDENTS HERE DO WELL AS A DIRECT RESULT OF THAT SUPPORT.”

feel I can really make a difference at MC Law. Because I am not from here, I bring diversity,” Henkel says, then adds with a smile, “And I have an accent.”

After nearly 20 years in the United States, Henkel’s accent is still distinctively German. Henkel earned his law degree in his native Germany and practiced there before relocating to the United States, where he earned his LL.M. and S.J.D. from the University of Wisconsin Law School and became a diehard Green Bay Packers fan. Prior to joining the MC Law faculty in 2009, Henkel practiced and taught law in Chicago and Indianapolis, as well as in the Republic of Estonia.

His broad experience in the United States and overseas makes Henkel well-suited to lead the nine classes he teaches at MC Law, which include courses in bankruptcy, business, and international law. But while deciphering the intricacies of international business law is his forte, Henkel’s preferred class is one of the legal basics.

“My favorite course to teach is Contracts,” Henkel says.

“That class is for first-year law students, and it gives me an opportunity to mentor those new students. I also enjoy the subject. It’s the base of all business law, and in many ways, of the relationship between people. You are creating a relationship based on the law you apply in contracts.”

Henkel also enjoys comparative studies of the business and legal systems in the United States and those abroad, which is the subject of much of his research and writing. He has published multiple papers and delivered lectures comparing how the United States and other countries handle issues ranging from the failure of mammoth banks to the practice of hydraulic fracturing or “fracking.”

“Comparing is like a big lab in which you take the best of one legal system and the best of another and compare the two. When you compare, you learn who you are and where you belong,” Henkel says. “Comparing helps you better understand your own position.”

In addition to his teaching and scholarship, Henkel holds a leadership position in the MC Law international summer program, teaching and traveling overseas with students from MC Law and other U.S. law schools who study in Germany and France. The opportunity to mentor students and to contribute to the law school community that originally attracted Christophe Henkel to MC Law is still his favorite part of the job.

“Because MC Law is small, I can have an impact on individual students. If they are anxious, I can take the time to talk to them one-on-one. I can see how they change and evolve, and go from law students to successful lawyers. You can’t do that in a law school with 300 students. The distance between the students and the faculty at MC Law is smaller. We are more like a family.”

A WELL-ROUNDED RÉSUMÉ THE EARLY YEARS OF CHRISTOPH HENKEL’S CAREER IN GERMANY INCLUDED STINTS AS A GARBAGE COLLECTOR AND A LUMBERJACK, MILITARY SERVICE, AND A SEAT ON THE U.S. EQUIVALENT OF THE CITY COUNCIL OF HIS HOMETOWN. Henkel originally planned to become a veterinarian, but chose law school as a form of service, explaining, “In Germany, you go to law school in order to be able to help people in your community. It is not about making a lot of money.”

amıcus | 23

A VOICE FOR THE

CHILDREN THE FAMILY AND CHILDREN’S LAW CENTER The MC Law Family and Children’s Law Center provides a vital service to children involved in the legal system, as well as practical training in family and domestic law for MC Law students.

The center equips law students with the skills required to shepherd children and families in need of an advocate through the court system. Admitted to the limited practice of law under the close supervision of an MC Law faculty member, second- and third-year law students have the opportunity to work on cases involving children by participating in three legal clinics – the Child Advocacy Clinic in Youth Court, Child Advocacy Clinic in Chancery Court, and the Adoption Legal Clinic.

More than a valuable resource for MC Law students, the Family and Children’s Law Center is a much-needed ministry for children and families in need.

“[PARTICIPATION IN THESE CLINICS] IS AN AWESOME RESPONSIBILITY, AS WELL AS AN INCREDIBLE EXPERIENCE FOR THE STUDENT.” Professor Shirley Kennedy, director of the MC Law Child Advocacy program

amıcus | 24

am覺cus | 25

“I SPENT A TREMENDOUS AMOUNT OF TIME MEETING WITH THIS CHILD AND HER FAMILY. SHE AND I FORMED A REALLY STRONG BOND. ONE DAY WHILE I WAS VISITING WITH HER AT HER SCHOOL, SHE ASKED IF SHE COULD JUST GO HOME WITH ME. I LEFT WITH TEARS AND A SMILE BECAUSE I KNEW AT THAT MOMENT, THAT LITTLE GIRL FELT LOVED.” Shanteau Gaskin, Class of 2014

amıcus | 26

“THERE’S A MOVEMENT IN LEGAL EDUCATION

to give students more training in practical legal skills. The Adoption Legal Clinic does just that.

By the end of the process, you know how to draft petitions and final decrees, how to set up court dates, and what to do when you get to court. The best part is, you learn all of this while playing a part in one of the most important, powerful events in the life of a family.” — Kate Morgan ’13

Child Advocacy Clinic in Youth Court

MC Law students enrolled in the Child Advocacy Clinic in Youth Court represent juveniles who have been charged with crimes and are appearing before the Rankin County Youth Court. In addition to studying the laws governing such cases, students are instructed in child psychology, identifying signs of child abuse and neglect, client interviewing, and case file management. Students handle cases involving children who have made mistakes, but still have an opportunity to turn their lives around.

“MC Law students try to find the best possible resolution for the child,” says Jamie McBride, Hinds County district attorney and MC Law adjunct professor, who oversees the clinic. “The MC Law students gain practical experience dealing with real children and families with real issues. It’s a much different experience than role playing or talking about a hypothetical situation in class.”

Hinds County Assistant District Attorney Shannon Coghlan ’06 participated in both the Child Advocacy Clinic in Youth Court and the Child Advocacy Clinic in Chancery Court as an MC Law student.

“The clinics gives students actual experience in the courtroom,” Coghlan says. “It’s a great opportunity to get the nerves out of the way. The judge and the other attorneys know you are a student and make an effort to help you. That courtroom experience puts students ahead of the game. In every job interview I went on after I graduated from MC Law, I was asked, ‘Have you ever been in court?’ Thanks to the clinics, I was able to say ‘yes.’”

Child Advocacy Clinic in Chancery Court

Law students enrolled in this clinic serve as guardians ad litem for children involved in Chancery Court proceedings, including child custody cases and related matters such as child support, visitation, termination of parental rights, adoption, guardianship, and grandparents’ rights. Guardians ad litem represent the best interest of the child in these cases.

Law students working in this clinic make court appearances as the attorney representing the child, conduct thorough investigations into the child’s home and family life, and submit their recommendations regarding the child’s placement to the judge. Shirley Kennedy, director of the MC Law Child Advocacy program, describes participation in this clinic as “an awesome responsibility, as well as an incredible experience for the student.”

In cases involving allegations of child abuse or neglect, the court is mandated to appoint a guardian ad litem. Often, the families involved cannot afford one. MC Law students have served as guardians ad litem in more than 250 cases since the

program began more than a decade ago, providing a valuable pro bono service to the court and to the children. Each of those cases gives an MC Law student a chance to make a lasting difference in the life of a child.

“I was assigned to the case of a little girl caught in a nasty custody battle that included allegations of sexual abuse,” says third-year MC Law student Shanteau Gaskin. “I spent a tremendous amount of time meeting with this child and her family. She and I formed a really strong bond. One day while I was visiting with her at her school, she asked if she could just go home with me. I left with tears and a smile because I knew at that moment, that little girl felt loved.”

“I came to law school having been a teacher, so I already had a passion for child advocacy. My main reason for attending MC Law was the availability of these clinics,” third-year MC Law student Mackenzie Coulter says. “Not only do you work with real clients, learn the law, and network with practicing attorneys, but most important of all, you walk out of the office at the end of the day knowing you truly helped someone, and that someone was an innocent child.”

Adoption Legal Clinic

The Adoption Legal Clinic provides free legal assistance to families who wish to adopt children under the supervision of the Mississippi Department of Human Services (DHS), and matches those families with law students and volunteer attorneys who can help make the dream of a family come true.

The children are already living in the foster parents’ homes and have already bonded with their soon-to-be adoptive parents; the only thing preventing the parents and child from becoming a legal family is the paperwork. The clinic’s average time from obtaining the file from DHS to finalizing the adoption is just two weeks. Since its creation in 2004, the Adoption Legal Clinic has handled more than 400 adoption cases, each resulting in a new family.

Laci Holifield and her husband, Vander, adopted two daughters, Olivia and Elisa, with the help of the clinic.

“The MC Law Adoption Legal Clinic has been a true blessing to us,” says Laci Holifield. “With our first adoption, we weren’t sure how the process would work. The law student who handled our cases walked us through every step. Since our own adoptions, I’ve referred three other cases to the clinic.

Those three referrals resulted in three new families.”

“The first case I finalized was the adoption of twin little boys,” says Kate Morgan ’13. “When their parents received their new birth certificates, their mother sent me a note that read, ‘Our family is complete, and we are grateful and humbled to you. You are more to us than a professional, a student, or a lawyer. You are an angel.”

amıcus | 27

am覺cus | 28

FOR THE CHILDREN Angel Patano Myers, Rebecca Mansell, Jamie McBride, and Carlyn Hicks represent a few of the many MC Law alumni who use their law degrees to pursue justice for innocent children. While their individual job titles vary, each describes his or her career not as a job, but as a calling to help defenseless children who have been abused, victimized, or separated from their families.

It’s emotionally draining work that puts them in contact not only with shattered children and their parents, but also with the worst of the worst predators. The job is made even grimmer because it is never ending. According to the Child Welfare League of America, nearly 20,000 reported cases of child abuse or neglect were investigated in Mississippi in 2010 alone. As soon as one case ends, another begins.

But each of these advocates continues to fight the good fight day after day, year after year. All echo the position of Myers who says simply, “My motivation is always, always the children...The children deserve my best.”

[Jesus] called a little child to Him, and placed the child among them.

And He said...“[W]hoever takes the lowly position of this child is the greatest in the kingdom of heaven. And whoever welcomes one such child in my name welcomes me.” — Matthew 18: 2-5

LEFT: LONNIE McCAW. READ LONNIE’S STORY ON PAGE 32.

amıcus | 29

am覺cus | 30

ON THE SIDE OF THE

ANGELS Angel Patano Myers ’04 • Child Protection Unit

Angel Patano Myers began her legal “I TELL PEOPLE ALL THE TIME WHEN a crime, the criminal steals not only part career working in insurance defense, but of that child’s childhood, but also part of INTRODUCING HER, ‘DON’T BE soon found herself called to a different that child’s future.”

DECEIVED BY HER CHARMING SMILE.’ field of practice.

The Child Protection Unit handles cases “I’d like to say it was a big, noble deci- YOU HARM A CHILD IN THIS DISTRICT, involving sexual battery of a child; touchsion to become a prosecutor, but in the ing a child for lustful purposes; felony AND ANGEL PATANO MYERS WILL beginning, what I wanted was simply to get child abuse and neglect; child exploitation, BE ON YOU LIKE A BULLDOG. trial experience, and the place to cut your which includes crimes involving pornogSHE IS THE KIND OF PERSON WE teeth in the courtroom was the district raphy; and enticement, which involves WANT PROTECTING OUR CHILDREN.” traveling to meet a child for sexual activity. attorney’s office,” Myers says. “I applied for an assistant district attorney position, The Child Protection Unit team headed DISTRICT ATTORNEY TONY LAWRENCE and I fell in love with the job. Once I

by Myers also includes two investigators, started doing it, I realized that the profession of prosecuting a paralegal, and a victims’ assistance coordinator. is a special calling.”

At any given time, the Child Protection Unit has between Myers has worked as an assistant district attorney in Mis- 50 and 100 indicted cases pending. It’s disturbing, emotionsissippi’s 19th judicial district since 2006, prosecuting fel- ally taxing work, but it’s a job Myers has no doubt she was ony cases in Jackson, George, and Greene Counties. In 2010, called to do.

Myers was named director of the office’s newly-founded Child “The most rewarding part of the job is helping children Protection Unit, which was created to investigate and prose- who’ve been victims get through a system that’s not childcute crimes against children. friendly, and helping them find closure on this particular, sad “Angel was the perfect fit to run the Child Protection Unit,” chapter of their lives,” Myers says. “I’m humbled that I have says Tony Lawrence, district attorney for the 19th judicial dis- the opportunity to handle these cases, and to, in some small trict. “She shared my belief that when a child is the victim of way, help reduce the trauma for these kids.”

amıcus | 31

M

yers’ team has a strong record of success, but there is one victory that is particularly meaningful to her. In 2012, Myers prosecuted the felony child abuse case State of Mississippi v. Sylvia Dion Smith. The victim in the case, three-yearold Lonnie Smith, had been deliberately plunged into a bathtub filled with scalding water by his mother, Sylvia Smith. The child was severely burned, spent nine months in a hospital intensive care unit, and as a result of his injuries and subsequent infections, was paralyzed and otherwise disabled for the rest of his life.

Myers and District Attorney Lawrence successfully prosecuted the case, which concluded with Sylvia Smith sentenced to 18 years in prison without parole. But State of Mississippi v.

Sylvia Dion Smith had an even farther-reaching impact. The case led Myers and Lawrence to evaluate points in Mississippi’s child abuse laws, and eventually to help draft and lobby for an amended, stronger law to be passed to protect Mississippi’s children. With the support of the Mississippi Prosecutors Association, Myers, Lawrence, and many other professionals who recognized the need for stronger child abuse laws began intense lobbying for House Bill 1259, which clarified ambiguities in the existing child abuse law, giving law enforcement officials and prosecutors a better legal tool with which to protect children. In honor of the child who inspired it, the bill became known as the Lonnie Smith Act. When Governor Phil Bryant signed the act into law in April of 2013, Angel Myers, Lonnie Smith, and Lonnie’s foster family were there looking on.

“I was very proud to have been a part of that process,” Myers says. “That case is an example of why I love what I do and feel so blessed to have this opportunity.”

“Angel is one of the most dedicated people I have had the honor of working with in my career,” Lawrence says. “Three words jump to mind about Angel – passion, commitment, and justice. She believes in those words and lives and works according to them. She brings passion to every case, a commitment to work as hard as necessary to protect the child, and a sense of right over wrong that never wavers. I tell people all the time when introducing her, ‘don’t be deceived by her charming smile.’ You harm a child in this district, and Angel Myers will be on you like a bulldog. She is the kind of person we want protecting our children.”

Myers acknowledges that the horrific crimes she prosecutes day in and day out can be draining, but she finds support in the form of her colleagues in the district attorney’s office and her family, which includes her husband, Joshua, and their fouryear-old daughter, Sophia.

“I don’t prosecute these cases by myself. Knowing that I’m part of a strong, dedicated team helps take some of that burden away,” Myers says. “We cut up and keep it light in the office. We’re all sharing these experiences. We are each other’s therapy.

“And at the end of the day, I go home and love on Sophia,” Myers continues. “In some ways, I think this job makes me a better mother. My motivation is always, always the children.

I see what is happening to these innocent children and I want to help. The children deserve my best.”

A LIFE FOREVER CHANGED Lonnie Smith was only three years old when his biological mother plunged him over and over into a bathtub filled with scalding water. Horribly injured, Lonnie was transported to a hospital burn unit in Birmingham, Alabama. With his abusive mother awaiting trial, Lonnie was all alone, in terrible pain, in a strange place where he knew no one.

“Our Sunday school class received an emailed prayer request asking us to pray for this tiny, terribly injured child who had no one,” Birmingham resident Tanya McCaw recalls.

“I decided I would go and visit Lonnie in the hospital. When I saw him, I just remember being overwhelmed with emotion.

Lonnie was three years old, but was the size of a child half his age. He was heavily medicated and he couldn’t really talk much. I just sat with him and patted his little hand.”

Moved by the tiny boy’s plight, McCaw decided to visit Lonnie again the next day.

“I fell in love with him,” she says simply. “I remember feeling that God had called me to this little boy. When it was time to leave, I told Lonnie I was going to go ‘bye-bye’ but I’d be back the next day. He started crying and held onto my shirt.

He didn’t want me to go.”

McCaw returned the next day, and the next day after that, and every day for the entire nine months that Lonnie spent in the hospital. McCaw remained by Lonnie’s side as he endured multiple surgeries and grueling physical therapy sessions.

Before long, Lonnie began calling her “mama.” When Lonnie was finally discharged from the hospital, Tanya McCaw took him home to live with her family as their foster son.

Lonnie’s biological mother was found guilty of felony child abuse and sentenced to 18 years in prison without parole. The case led to the passage of a stronger law against child abuse in Mississippi that came to be known as the Lonnie Smith Act. When Governor Phil Bryant signed the bill into law in April of 2013, Lonnie and the McCaw family were there looking on.

IF YOU SUSPECT CHILD ABUSE The most likely groups to report suspected child abuse are teachers, doctors and healthcare professionals, and others who come into contact with children through their work. Every resident of Mississippi, however, is a “mandated reporter” of child abuse, which means if you witness or suspect child abuse, you are obligated to report it, no matter what your profession. If you suspect a child is being abused, contact local law enforcement. A child’s life may depend on it.

amıcus | 32

“I FELL IN LOVE WITH HIM. I remember feeling that God had called me to this little boy. When it was time to leave, I told Lonnie I was going to go ‘bye-bye’ but I’d be back the next day. He started crying and held onto my shirt. He didn’t want me to go.”

LONNIE AND TANYA McCAW

“Lonnie doesn’t remember the actual incident of abuse,” Tanya McCaw says. “When we went for the signing of the law, we just told Lonnie that he was so special that the governor of Mississippi wanted to meet him, and that because of him, other children would be helped. Lonnie’s life has been changed forever because of what happened, but it’s been changed in good ways as well as bad.”

Perhaps the best change in Lonnie Smith’s life took place on November 8, 2013, when Greg and Tanya McCaw adopted him, making Tanya his legal “mama” and their daughters – Whitney Stutzman, Madison Stutzman, Megan McCaw, and Madison McCaw – his sisters, and officially changing his name to Lonnie Gregory McCaw. The helpless child who had suffered so cruelly at the hands of his biological mother had found a new family overflowing with love.

The abuse he suffered left Lonnie permanently paralyzed and with other serious, lifelong disabilities. But according to McCaw, Lonnie, now eight years old, is “the happiest kid I’ve

ever been around in my life.” For McCaw, forgetting all that Lonnie suffered has not been quite so easy.

“Lonnie still has hard days, and when I see him struggling or hurting, I get angry. I think, ‘I can’t believe anyone could do this to a child,’” McCaw says. “But I only have a handful of those moments. Then, I remember that we serve a sovereign God who knows and sees things we don’t know and see. God knew that Lonnie would be better without the use of his legs with our family than with the use of his legs without us. I am so happy I get to love Lonnie and have the privilege of being his mom, and so thankful that God chose me.

“I felt Lonnie was my little boy from the very beginning,” McCaw continues. “Obviously, we recognize we have different skin colors, but that’s all it is. In fact, we were out shopping one day, and a sales clerk said to me, ‘What an adorable little boy. He looks just like you.’ This was a terrible tragedy, but God did something beautiful and amazing with all of it.”

amıcus | 33

am覺cus | 34

HEALING THE

HURT Rebecca Mansell ’94 • Children’s Justice Center As the executive director of the Children’s Justice abused and neglected children. A special program of the UniCenter, Rebecca Mansell has borne witness to the worst abuse versity of Mississippi Medical Center’s (UMMC) Pediatrics a person can inflict upon a helpless child.

Division, the CJC sees children up to age 18, or up to age 21 Mansell has seen children who have been beaten with if the child has a physical or mental disability. electrical cords and lawn mower fan belts, children who have When law enforcement officers, Department of Human been kicked so violently their internal organs have ruptured, Services (DHS) personnel, healthcare providers, judges, guardand children who have been burned with ians ad litem, or child advocacy center staff cigarettes and irons or plunged into scald- “WE SEE THE AFTERMATH OF GREAT members suspect child abuse or neglect, they ing water. Mansell has seen infants covered can refer the case to the Children’s Justice SUFFERING IN THE FORM OF A with human bite marks, babies as young as Center.

The CJC’s specially trained staff BROKEN CHILD. HOW TO HELP? 18 months old suffering from sexually transperforms a head-to-toe medical exam, interHOW TO COMFORT? THAT IS THE mitted diseases, and pregnant, 12-year-old views the child, and conducts follow-up POINT OF ALL MEDICINE. BUT victims of sexual assault. exams in a comforting, child-friendly enviKNOWING THE SUFFERING WE “Something bad has happened to every ronment. Every step is documented, every SEE COMES AT THE HANDS OF child who walks through our door,” Manword the child says is recorded, and every sell says. “The physical abuse is usually mark on the child’s body is photographed.

THE CHILD’S CAREGIVER IS VERY obvious, and it makes you sick. The sexual DIFFICULT… IN MY ROLE AT CJC, These expert medical assessments, known abuse is silent. You may never know what as forensic medical examinations, can often I CAN HELP A CHILD. I CAN’T a child has suffered.” determine if the cause of a child’s injuries CHANGE THE CHILD’S PAST, BUT I is abuse, neglect, or an accident. The CJC Mansell is able to bear witness to these CAN HELP THE CHILD’S FUTURE.” then works with others involved in the case atrocities day after day only because she is in a position to help alleviate that sufferto assure the child is safe and to prevent the DR. SCOTT BENTON ing. The Children’s Justice Center (CJC) is abuse from occurring again. a medical unit that treats children who are suspected victims CJC staff members are trained child abuse professionals of physical or sexual abuse or neglect. The CJC helps deter- with extensive medical, courtroom, and investigative experimine whether or not abuse has occurred and plays a key role ence. The medical staff is led by Dr. Scott Benton, the only in seeking justice for its young victims. board-certified child abuse pediatrician in Mississippi and one Inspired by the case of a child who almost died because of only 264 board-certified child abuse pediatricians in the no one in authority realized her guardians were slowly starv- entire world. The nine-person staff also includes three nurse ing her to death, the Mississippi Legislature created the CJC practitioners, an RN/case coordinator, a certified medical assisin 2006 to serve as a statewide medical response center for tant, a social worker, and a business manager.

FROM THE COURTHOUSE TO THE CAPITOL Rebecca Mansell’s legal background comes in handy when she speaks with Mississippi’s state senators and representatives about pending legislation related to child abuse. Mansell was part of a group that successfully lobbied for the 2013 Lonnie Smith Act, which bridged the gap between legal and medical definitions of child abuse. amıcus | 35

W

hen the position of executive caretaker, and accusing someone of abuse who INCLUDING CLINICAL VISITS director of the CJC became is actually innocent,” Dr. Benton says. “The AND CONSULTATIONS WITH vacant in 2011, Dr. Benton CJC’s work can alter a child’s future by exposDOCTORS, LAW ENFORCEMENT, ing abuse, and it can reverse the fortunes of a recommended Rebecca Mansell, who was then a prosecu- AND OTHERS, THE CJC SERVES caregivers who has been falsely accused.” tor specializing in child abuse MORE THAN 2,000 MISSISSIPPI Including clinical visits and consultations and child homicide cases, as the ideal person CHILDREN ANNUALLY. EVERY with doctors, law enforcement, DHS personfor the job.

ONE OF THOSE 2,000 LITTLE nel, and others, the CJC serves more than “I got to know Rebecca well when she ONES IS A SUSPECTED VICTIM 2,000 children every year. A towering stack of was a prosecutor and we worked on several papers on Mansell’s desk bears testimony to the OF PHYSICAL ABUSE, SEXUAL sheer number of abuse cases occurring every cases together,” Dr. Benton recalls. “Rebecca ABUSE, OR NEGLECT. was always on, 24/7. I would call her in the day in every county in Mississippi, which add middle of the night about an urgent case and she was up and up to tens of thousands of cases statewide every year. For Manon it. That passion and dedication was on my mind when I sell and her team, every case is another child who has suffered. recommended her for the job at CJC. I knew Rebecca would It’s a grim job made more difficult by the fact that it is never feel the same way everyone else on this team feels. This isn’t a ending. But as a mother of two children, Mansell is inspired job, it’s a mission. No one here wants to fail a child. We have by the difference her team can make. the terrible responsibility of holding people accountable for “My best, most important job is being a mom. I want what they’ve done to these children, and Rebecca is a cham- these kids to get the same kind of care my own kids would pion of that mission.” get,” Mansell says. “They deserve that. If that’s my contribu As the CJC’s executive director, Mansell is responsible for tion in life, so be it.” every aspect of the organization’s operation, from supervising the staff to lobbying the Mississippi Legislature for the CJC’s PREVENT CHILD ABUSE MISSISSIPPI annual funding. The entire CJC team is dedicated to one mis- In addition to serving as the executive director of the Chilsion – keeping child abuse victims safe. dren’s Justice Center, which treats victims of child abuse, “The Children’s Justice Center focuses on the health and Rebecca Mansell is also an outspoken advocate for child future safety of the child,” Mansell says. “These children are abuse prevention.

Mansell was instrumental in establishgetting the very best medical care available in the state of Mising the Mississippi chapter of Prevent Child Abuse America, sissippi, and to the best of our abilities, we work to put them a nationwide organization that promotes proven practices in a safe situation.”

While the CJC’s primary mission is to provide med- that prevent child abuse. ical care, staff members are frequently subpoenaed to pro- “When I realized that Mississippi was the only state in vide expert medical testimony in court. When that happens, America that didn’t have a chapter of Prevent Child Abuse Mansell relies on the skills she honed as a former prosecutor America, I was appalled,” Mansell says. “I decided that the in Hinds County and Madison-Rankin Counties to prepare Children’s Justice Center would take on the mission of them to testify. Between January and October of 2013, CJC bringing Prevent Child Abuse America to Mississippi.” staff members had been called to testify in 35 different court Prevent Child Abuse Mississippi launched in October trials. In addition to providing evidence that has confirmed 2013 with Mansell as its executive director. The Missisabuse, Mansell’s team has also presented evidence critical to sippi chapter’s first goal is an educational campaign that will proving that some accused child abusers were innocent. help new parents recognize common triggers of child abuse “We’re not there for the prosecution. We’re not there for and equip them with appropriate strategies for coping with the defense,” Mansell says. “We are there to seek justice for those triggers. It’s Mansell’s hope that Prevent Child Abuse the child.”

“Getting it right is so important. My two greatest fears are Mississippi will keep some children from ever needing the missing signs of abuse and sending a child back to an abusive services of the Children’s Justice Center.

A NEW HOME FOR THE CJC The Children’s Justice Center is currently located at the Jackson Medical Mall, but plans are underway to begin construction of a new facility on the University of Mississippi Medical Center campus. The planned building includes welcoming waiting areas, child-friendly examination rooms, and an exterior that looks more like a home than an office building or medical facility. “Every child who walks in will have been through a bad experience,” Rebecca Mansell, executive director of the CJC says. “The warm, homelike feeling of the new building is part of our effort to make abused and neglected children feel safe, secure, and cared for during a traumatic time in their lives.” amıcus | 36

“I’VE ALWAYS BEEN FASCINATED by medicine, especially forensic medicine and all that the body could tell you to potentially help solve a crime. I thought after I graduated from MC Law, I might go on to medical school. Then I visited a local hospital, and realized pretty quickly that I have a weak stomach when it comes to ‘hospital smells.’”

REBECCA MANSELL

THE MOST HAUNTING CASE Former prosecutor Rebecca Mansell will never forget the case that inspired her to seek justice for victims of child abuse. • “I was working for the Hinds County District Attorney’s office when we received a letter from a prison inmate. He wrote that his cellmate was bragging about a murder he had committed and gotten away with a decade earlier,” Mansell recalls. “This man, whose name was Eric Moffett, claimed to have sexually assaulted his girlfriend’s five-year-old daughter so violently that little girl died.

He described the crime in graphic detail.” • Mansell, already the mother of a son, was expecting a baby girl when it became clear the reopened case would go to trial. After more than a decade, she would be the one to finally prosecute Moffett for capital murder. • “Thinking about this case, knowing it was coming while I was expecting a daughter of my own, tainted my entire pregnancy,” Mansell recalls. “All I could think of was this man and what he had done to that little girl. It continued to haunt me after my daughter was born.

Every time I bathed her or changed her diaper, I thought of what Eric Moffett had done to another innocent little girl.” • The case went to trial just four months after Mansell’s daughter was born. As an emotional Mansell presented the horrific details of the little girl’s assault and death, the defendant looked on, expressionless and as Mansell vividly recalls, “smacking gum.” The jury found Moffett guilty of capital murder. He is currently on death row awaiting execution. • “Some cases linger with you. The Moffett case still haunts me today,” Mansell says. “I’m thankful that my current position allows me to keep seeking justice for children.”

amıcus | 37

CONFRONTING THE WORST OF THE

WORST

Jamie McBride ’90 • Assistant District Attorney, Seventh Circuit Court District Ask assistant district attorney Jamie Court. In 1991, McBride returned to his home “IT’S WELL WORTH McBride about his day, and be prepared for a state, where he opened his own practice. When SPENDING MY DAYS IN the state of Mississippi received a one-year federal story that might give you nightmares. McBride delivers the details of his latest case at a matter-of- THE SEWER DEALING WITH grant to study and make improvements in the state fact clip, then pauses and says, “I’m sorry. Some- THE PERPETRATORS IF I’M youth court system, McBride’s contacts in Missistimes I forget what I’m talking about is nasty stuff ABLE TO STOP THE ABUSE sippi suggested him for the job. McBride returned because I see it all the time. After awhile, it just to Mississippi in 1995 as the director of the MisOF JUST ONE CHILD.” doesn’t shock me. Angers me? Yes. But it doesn’t sissippi Court Improvement Program. ImplementJAMIE MCBRIDE ing the recommendations that came out of the shock me.”

An assistant district attorney in Mississippi’s Seventh Cir- study evolved into a permanent role for McBride, who was cuit Court District, McBride prosecutes sex crimes and crimes soon dividing his time between serving as the program’s direcagainst children perpetrated in Hinds County. He came to tor and running his own civil and criminal law practice. his current position in 2007, after serving in the same role in In 2004, McBride accepted his first ADA position with Madison-Rankin Counties for three years. the Madison-Rankin District Attorney’s office. Over the past “What inspires me is that I can help put some of the bad nine years, McBride has prosecuted a parade of pedophiles, guys away and make it stop,” McBride continues. “It’s well rapists, and child abusers. He has prosecuted cases in which worth spending my days in the sewer dealing with the perpe- repeat offenders have molested several generations of their trators if I’m able to stop the abuse of just one child.” own family members, cases in which rapists targeted victims A native of New Jersey, McBride came to Mississippi as at random, and cases in which people performed unnatural an MC Law student and clerked at the Mississippi Supreme acts on animals.

amıcus | 38

am覺cus | 39

“T

he cases in which a child or a baby has been While McBride is a staunch ally for the victims whose cases murdered are the worst. The sex crimes he handles, most of those victims don’t keep in touch with against children are also terrible. Even if the him after the trial. McBride believes the trauma they’ve expechild survives, a crime like that changes who rienced is simply too great, and that they will forever associthat child might have become,” McBride ate him with a dark period in their lives. says. “This kind of work is not about money. “Something really bad has happened to these people, and You see people who have been hurt, and you don’t want to see even if I’m successful in court, I can’t ever undo what the others hurt by the same person. I wish I could undo some of defendant has done. I’ve kept up with some of the victims, but that hurt.”

I don’t think they really want to see me again. I remind them Law enforcement officers bring a constant influx of cases of a terrible time in their lives. I’m not the guy you want to to McBride, who evaluates the merits of each case before pre- have over for dinner. senting it to a Grand Jury. While the numbers can vary widely, “The job can be pretty depressing. But I work with some McBride estimates that he presents about 20 great friends here,” McBride says. “We’re all cases per month to the Grand Jury involving “THE HARDEST PART FOR ME dealing with crazy stuff, so we can blow off sexually abused children. McBride sees considsteam amongst ourselves.”

IS WHEN I HAVE A VICTIM I erably more sex crime cases involving children One of McBride’s co-workers is fellow BELIEVE HAS BEEN ABUSED, Hinds County ADA Shannon Coghlan ’06, than sex crimes cases involving adults.

BUT I DON’T HAVE ENOUGH “The hardest part of the job isn’t what you who also worked with McBride in the MadEVIDENCE TO BUILD A CASE might think,” McBride says. “The hardest part ison-Rankin District Attorney’s office. for me is when I have a victim I believe has “Jamie lives and breathes this work,” CoghAND PROSECUTE. I FEEL A been abused, but I don’t have enough evidence RESPONSIBILITY NOT TO PUT lan says. “It takes a special mindset to deal with to build a case and prosecute. I feel a responsiwhat Jamie deals with, to look at the pictures A CHILD INTO THE SYSTEM bility not to put a child into the system withand hear the terrible stories day in and day out.

WITHOUT SOME HOPE OF out some hope of getting a conviction.”

I’ve seen others come and go who couldn’t do GETTING A CONVICTION.” If believing a perpetrator is getting away it. Jamie has a real drive for this work. He has JAMIE MCBRIDE with a crime is the hardest part of McBride’s such a connection with the victims, and he job, putting away a repeat offender is pergives them every ounce he has. I admire him haps the best. McBride vividly remembers the testimony of a for his ability to deal with terrible things on their behalf.” woman who had been molested by a relative as a seven-year- “Very few attorneys really want to work on these kinds old child. When the same man molested another child 20 years of crimes. I keep on doing it because somebody has to do it,” later, the woman was there to testify against him, explaining in McBride says simply. “I get the satisfaction of putting the bad court, “I am here to make it stop. I am here for the little girl.” guy away, and I know that I’ve really helped someone in need.

McBride attributes his success in the courtroom to his abil- “I take pride in this work. I really enjoy what I do. It’s ity to feel for the victims, yet still analyze cases objectively. important work for these kids. When I lost my mother, I felt “My mother died when I was seven, and I think that might victimized, and I asked, ‘Why me?’ Sometimes I feel that have made me a little more detached,” McBride says. “I believe connection with victims and I want to help them through that’s an asset in this career. I empathize with the victims, but the process. And yes, you certainly get personal satisfaction it’s a lot like being a doctor. I have to be objective in order to when you put terrible people away. Do I bang on my chest get the best possible results.” about that? Yes, I do.”

IN COURT AND IN CLASS Jamie McBride fights crimes against children not only as a prosecutor in the courtroom, but also as an adjunct in the classroom. • McBride has been teaching child advocacy courses at MC Law since 1998, training the next generation of law students who will protect and speak for the smallest victims.

His second- and third-year child advocacy classes are small – usually no more than six students. Students meet for regular classroom instruction at MC Law, but on Thursday mornings the class is held at the Rankin County Youth Court, where law students sworn in under the Law Student Limited Practice Act provide legal representation for children in hearings and trials before the Rankin County Youth Court judge. • “My most memorable experiences as an adjunct have been interacting with students as they prepare for and conduct trials in the youth court,” McBride says. “I look at them and I’m reminded of myself. A part of me still misses those days when I was student at MC Law, idealistic and enthusiastic, the possibilities of the future endless. In a small way, I’m giving back to an institution that helped and inspired me so much.

And selfishly, the enthusiasm and eagerness of the students reinvigorates me.”

amıcus | 40

“GEOGRAPHY DOESN’T MATTER” When asked if he sees a difference between the crimes he prosecuted as a Madison-Rankin County ADA and those he prosecutes as a Hinds County ADA, McBride replies, “Not really. When you’re dealing with sick people preying on kids, geography doesn’t matter.”

Worst Case Scenario

Jamie McBride has prosecuted the worst of the worst crimes, but the case that stands out most to him was the murder trial of Natyyo Gray. Gray, a detective with the Jackson Police Department, was accused of beating his 18-month-old daughter, Aubrey “Zoe” Brown, to death while the little girl’s mother attended church. The child’s fatal injuries were horrific, but what made the case so memorable for McBride was the depth of Zoe’s mother’s grief.

“It was just terrible. Zoe’s mother, Phyliss Brown, was just so, so distraught. She described herself as a ‘helicopter parent,’ and

it was clear that she had doted on her little girl. In some cases, there are so many other issues facing a child or a family, but this was a little girl with a loving mother who had a great life ahead of her. The pain for that mama was so hard and so bad.”

Following McBride’s presentation of the cases, the jury found Natyyo Gray guilty of capital murder and sentenced him to life in prison without parole.

“Some sort of justice was rendered, but in my experience, the victims in these kinds of cases don’t get much closure, even with a conviction,” McBride says. “Seeing the defendant walk out in chains doesn’t replace your baby.”

MYCIDS As the director of the Mississippi Court Improvement Program, Jamie McBride helped create an automated, webbased system that brought uniformity to record keeping in youth courts statewide. The Mississippi Youth Court Information Delivery System (MYCIDS) allows youth courts to track juveniles in the court system across county boundaries. MYCIDS gives the youth courts an enhanced ability to manage their caseloads, while also maintaining a statewide database of youth court records. With the exception of one, every youth court in the state now uses the system that McBride helped create. amıcus | 41

A VOICE FOR THE

VOICELESS Carlyn Hicks ’10 • Mission First and the Parent Representation Program

Even as a child, Carlyn Hicks had a heart a million dollar client or a pro bono client, the “SPEAK UP FOR THOSE for helping others. obligation is the same.”

WHO CANNOT SPEAK FOR In 2012, Hicks was given yet another “I grew up in an area that started out as a nice place to live, but declined due to crime,” THEMSELVES, FOR THE RIGHTS opportunity to fulfill her vision of serving Hicks recalls. “I had classmates who didn’t have OF ALL WHO ARE DESTITUTE. as a voice for those with no voice. Hicks and a lot. I remember going to elementary school Mission First are at the forefront of the ParSPEAK UP AND JUDGE and giving my hair bows to little girls who didn’t FAIRLY; DEFEND THE RIGHTS ent Representation Program, a pilot program their own. Helping people in need wasn’t some- OF THE POOR AND NEEDY.” that provides free legal representation for lowthing I had to seek out. These were my peers.” income parents involved in the child welfare Hicks enrolled at MC Law with plans to use system and possibly facing the court-ordered PROVERBS 31:8-9 her law degree to “become a voice for those who removal of their children. have no voice. It was my calling.” She followed that calling to a Mississippi is the only state that does not have a statue fulltime position with the Mission First Legal Aid Office, which providing for the appointment of counsel for parents in danprovides legal services and spiritual counsel to low income resi- ger of losing their children as a result of allegations of abuse dents of Hinds, Rankin, and Madison Counties, Mississippi. or neglect. Because these are civil cases rather than criminal “People asked me, ‘Couldn’t you find a job somewhere cases, the parents do not have a guaranteed right to counsel. else?’ or, ‘Why not do this as volunteer work and get a job “You can commit murder and if you’re indigent, you’re where you can make more money?’” Hicks says. “I realize that guaranteed a court-appointed attorney, but if you’re accused of some people in today’s economy work in public interest just neglecting your child, you’re out of luck,” Hicks explains. “For because they need a job. But Mission First is where I wanted a lot of parents, this is the first time they’ve ever been involved to be. I am vested in public interest. I can empathize with my in the court system. When they get to court, there’s a proseclients. The people I serve could have been my neighbors. In cutor, an attorney representing the child, a social worker and fact, some of them are my neighbors. a guardian ad litem making recommendations, but the parent “When I think of attorneys, I think of access to justice, has no one in court to represent them. These people are scared. and there are people who don’t have access to justice simply They don’t understand the process or the proceedings, which because they can’t afford it,” Hicks continues. “Whether it’s could end with them losing custody of their children.”

amıcus | 42

am覺cus | 43

“T

he system can be overwhelming to parents That doesn’t mean Hicks’ advice is always easy or welcomed. who face the prospect of having their chil- “I have a responsibility to tell these parents what the best dren removed,” agrees Judge Tom Broome course of action is for them,” Hicks says. “And if I don’t think ’96, who presides over Rankin County Youth reunification with their children is the best option for those Court. “They don’t know what their options children, I tell them so.” are, nor do they know where to turn. The It’s not surprising that the distraught parents sometimes agency that investigates the allegations against them, the lash out at Hicks.

Department of Human Services (DHS), is the same agency “After going through something as traumatic as having they are required to work with to seek the their children removed, parents are scared, return of their children. They often don’t and they don’t know who to trust or where understand the various roles of all the parties to turn. They’re given a list of things they in their case, and the legal language used is must do in order to regain custody of their just like a foreign language to them.” children. It’s all very overwhelming, and Carlyn Hicks took part in brainstorming sometimes they simply shut down. I’m there sessions with youth court judges, child welto explain what steps need to be taken and fare advocates, and other stakeholders who mitigate or litigate matters that might not helped develop a parent representation model be in the family’s best interest. Sometimes for Mississippi. Out of those meetings came tough decisions have to be made, and some four parent representation pilot programs parents don’t like that. But I remind them in Adams, Forrest, Harrison, and Rankin to stay focused on their children and their “ULTIMATELY, THE MORE Counties. Funding for the pilot programs family’s strengths.

SUCCESSFUL WE MAKE THE came from the Seattle-based Casey Family “When children are removed, the sepaPARENTS, THE MORE SUCCESSFUL ration is very hard on the child, too,” Hicks Programs, the nation’s largest private founWE MAKE THE CHILDREN. dation focused on foster care and improving continues. “No matter what’s happened, the the child welfare system. The plan was to child usually wants to be with the parent. A INVESTING IN PARENTAL operate the program for one year, then evalchild may not understand that Mom and EDUCATION IS CRITICAL uate its benefits to Mississippi families.

Dad are struggling with addiction or other TO IMPROVING OUTCOMES The pilot program was launched on issues. All a child sees is Mom and Dad. FOR THEIR CHILDREN.” October 1, 2012, with Mission First’s Carlyn The best thing I can do for that child is Hicks designated as the attorney that would help Mom and Dad become the best parJUDGE TOM BROOME ‘96 represent parents in Rankin County Youth ents they can be. If I can help the parent fix Rankin County Youth Court Court. In the program’s first year, Hicks hanwhatever went wrong that led to this situdled 76 cases. Most cases in Rankin County are poverty-related ation, I’m doing what is best for the child. Child advocacy and some involve parents with chemical dependency issues. is family advocacy.”

Hicks advises parents as to their rights and the steps they must Hicks recalls one case in which a young married couple’s take in order to regain custody of their children, and repre- daughter was removed due to the parents’ use of marijuana. sents them in all youth court proceedings. But her help doesn’t Hicks assisted the couple with an alcohol and drug education begin or end in the courtroom. program and outpatient rehabilitation treatment. The couple “I help parents identify resources they need, including also opted to participate in marriage counseling. The child mental health services and drug treatment programs, and I’m was returned to her parents’ custody. there to hold their hands,” Hicks says. “I’m someone they can “This was a young couple who had made poor choices. trust who cares about their feelings and wants to hear their In their minds, marijuana wasn’t a ‘big deal,’ but it is illegal side of their story. Some of them have made mistakes, and I’m and it could have impaired their judgment or response in an here to help them work through that. In that role, I have an emergency involving their child,” Hicks says. “That couple opportunity to do more than just provide legal assistance. I got through this situation. They came out with a stronger am a lawyer, therapist, and a spiritual counselor. I am literally marriage and now they’re capable of being stronger parents a counselor at law.” for their little girl.”

A HEART FOR MINISTRY In addition to her fulltime work at Mission First, Carlyn Hicks has provided hundreds

of hours of volunteer service to the March of Dimes, American Red Cross, Habitat for Humanity, Cure Sickle Cell Foundation, International Community Ambassadors Network, Susan G. Komen for the Cure, American Cancer Society, Stewpot Community Services, Gateway Rescue Mission, and CARA animal shelter. amıcus | 44

“JUDGE JUDY” IS NOT IN SESSION “I grew up watching ‘Matlock’ and I still enjoy ‘Law & Order,’ but one legal TV show I don’t like is ‘Judge Judy.’ People watch shows like that and get a false sense of confidence that they can successfully represent themselves in court.”

CARLYN HICKS

The Parent Representation Program’s strongest advocates include the youth court judges who hear these cases day in and day out.

“Parent representation creates a climate of fairness and access to the courts by those who may not have always perceived that they could be heard,” says Judge Broome. “This program allows the court to consider the strengths of the families as opposed to hearing only their weaknesses. Parent representation allows the court to know that the parties are being treated with fundamental fairness.

“The attorney can often quickly put the client on an expedited path to resolve the issues confronting the court,” Judge Broome continues. “This dramatically reduces the likelihood of the children being removed. If removal can be avoided, then the children can remain in the home under conditions that can be monitored to ensure their safety. For those children who are removed, the parental reunification occurs much sooner.”

In addition to helping children and parents, the program has been beneficial to the court system and to the state of Mississippi.

“Parental representation makes it possible for the judge to focus on getting the necessary information to make informed and thoughtful decisions,” Judge Broome says. “When pro se

litigants, or those who represent themselves, are involved, the court is often called to educate these persons as to the process and terms, which puts the judge in the position of walking the fine line between neutral arbiter and appearing deferential to parties who do not understand the proceedings.

“A faster resolution reduces the stress felt by the children, and it helps the state to save money by reducing their time in foster care,” Judge Broome continues. “The savings to the state is going to be tremendous compared to the small investment.”

Based on early positive results, the Parent Representation Program was renewed for a second year in October 2013. Carlyn Hicks began her second year guiding the program with just as much enthusiasm as she felt handling her first case.

“Reunifying families and making them stronger than they were before is what’s important to me. That is my achievement and where I am right now,” Hicks says. “Yes, it can be emotionally draining work, but I can’t let myself burn out as long as I’ve got families and children who depend on me. My husband and I have a one-year-old daughter. I get to pick up my little girl and hug her, and I have other mothers and fathers who count on me to help them get back to the place where they can hold their own children.”

amıcus | 45

UP

MC LAW’S ENHANCED FACILITIES AND GROWING REPUTATION INSPIRE A GENEROUS GIFT. When law partners Rogen Chhabra ’98 and Darryl Gibbs ‘01 decided to make a generous monetary donation to MC Law, they considered sponsoring several different areas. “We looked at naming a classroom or a study area, but we decided that naming the elevator in the original law school building was the best choice,” Gibbs says.

The firm’s name is emblazoned in the elevator in what is now the administration building, but was once the sole building on the law school’s downtown campus. It’s a location that holds fond memories for Chhabra and Gibbs.“When we were in law school, that building was the law school,” Chhabra says. “That’s the same elevator we used every day to get to our classes. It was the perfect, nostalgic place to sponsor for two guys who were students there before the new building existed. We wanted everyone who stepped into that elevator that got us to where we are today to see that Chhabra & Gibbs is proud to be associated with MC Law.”

amıcus | 46

am覺cus | 47

I

ronically, MC Law’s new “MC Law matters to us,” Chhabra facilities were one of the continues. “The law school prepared catalysts that prompted us for our careers, but it goes beChhabra and Gibbs to make yond just getting a legal education. their gift. While Chhabra There’s a closeness and a networking visited MC Law often as a system there. I still talk to my forvolunteer competition judge mer classmates and professors, and – prompting Gibbs to joke, I always look forward to seeing “He works more at MC Law Dean Rosenblatt.”

“MC LAW MATTERS TO US. THE LAW SCHOOL than he does at our firm,”– it had “Dean Rosenblatt and the faculty PREPARED US FOR OUR CAREERS, BUT IT GOES been awhile since Gibbs made a and staff there are making things visit to his alma mater. When he happen,” Gibbs adds. “MC Law is BEYOND JUST GETTING A LEGAL EDUCATION.” returned from a tour of the new creating an exciting atmosphere that facilities, Gibbs told Chhabra he makes people want to give.” wanted their firm to make a dona “What I find most impressive is ROGEN CHHABRA tion to MC Law. that MC Law is covering every area “I was impressed by the new that’s important for a law school building, but I was even more to cover,” Chhabra says. “The law impressed by the excitement I saw and felt on campus,” Gibbs school now has the ability to be comprehensive in providsays. “The students, the faculty, and the leadership, includ- ing everything needed for its students, staff, alumni, and the ing Dean Rosenblatt, were so positive about the law school’s community. For current students, MC Law is more than an future. The real prompt behind our gift was that excitement.” academic experience. It’s training on how to be a lawyer in Chhabra and Gibbs are also quick to mention that they the courtroom. There’s a new, active outreach to the alumni owe much of their professional success to MC Law, including that wasn’t there when we first graduated. The facilities have the name on their door. been improved, and that’s enhanced the entire neighborhood “MC Law put us together as partners,” Gibbs explains. surrounding the law school. And MC Law’s reputation has In early 2001, Chhabra was practicing law with a friend, grown and now has such strong credibility.” and their business was growing. The two were looking for a “There is so much enthusiasm today at MC Law, and the new lawyer who might be interested in taking on their over- future of the law school is so positive,” Gibbs adds. “Chhabra flow work, and Chhabra consulted MC Law for referrals. The & Gibbs is proud to be a part of that excitement.” law school suggested Gibbs, a student in his final year and still shy of taking the bar. The initial meeting between Gibbs and Chhabra went so well that instead of taking on the firm’s overflow, Gibbs ended up joining the firm. Within two years, Gibbs IN HIS SPARE TIME… Rogen Chhabra believes in givmade partner; four years later, his name was added to the door. ing back to MC Law and to the legal profession. Chhabra Today, Chhabra & Gibbs, PA is known for its work in is the president of the Mississippi Association for Justice, personal injury and worker’s compensation cases. Chhabra & and serves as a municipal court judge in Bentonia, MissisGibbs also operates a satellite firm, C.G. Law Group, PA, that sippi. He coaches MC Law’s American Association of Jushandles social security and employment-related work, as well tice competition teams, investing as many as 100 hours in as a second office in Gulfport, Mississippi. The firm’s growing staff includes six attorneys, most of whom are MC Law alumni. coaching during the three-month competition season, and “Every time we’ve needed to add an attorney, I’ve started also coaches the mock trial teams at Madison Central High the search at MC Law’s Career Services office,” Chhabra School. Chhabra and his wife, Jenny, have three children says. “In fact, our first non-alumnus employee was hired in – 18-year-old Kaleb, five-year-old Brody, and 15-year-old the summer of 2012. Before then, all of our attorneys and Lindsey, who is a promising student in her father’s mock clerks were graduates of MC Law. trial class at Madison Central High School.

A STANDOUT ON THE FIELD AND IN THE COURTROOM Darryl Gibbs played football at the University of Mississippi as an undergraduate student and was accepted to the University of Mississippi School of Law. Gibbs ultimately chose MC Law, deciding that MC Law’s location in the heart of Mississippi’s legal community offered him the best chance of landing a clerkship or a job right out of law school. His decision paid off when he was hired by Rogen Chhabra’s firm before he ever passed the bar. Since then, Gibbs has enjoyed a successful career that has included being named a Leader in Law and a member of the Top 40 Under 40 by the Mississippi Business Journal. When he’s not in court, Gibbs still enjoys hitting the field as a youth league sports coach. He also serves on the board of directors of the Madison-Ridgeland Youth Club. Gibbs and his wife, Emily, have four children, Sarah, Pate, and twins Baiden and Noah. amıcus | 48

PLANNED GIVING TO MC LAW Just 1% Makes a Difference Why Give a Percentage of Your Estate?

You don’t have to make a huge donation to help support MC Law. While you might think you don’t have enough money to donate to make an impact, that simply isn’t true. Your gift, no matter its size, can ensure a future for MC Law and influence the lives of those who rely on it.

The majority of American adults give to a charitable organization each year, even in these challenging economic times.

But only eight percent of charitable giving dollars in 2010 came from donations made from wills,1 even though giving through a will doesn’t affect the donor’s current income.

For those who want to help MC Law but don’t know where to begin because of money limitations, a bequest in your will or revocable living trust is a great place to start. By putting aside a percentage of the assets in your will or trust – even as little as one percent – you can leave a legacy at MC Law while also making sure your family has the security they may need in the future.

More Worry-Free Options There are other ways to contribute to our mission without affecting your income. For example, you can include MC Law as a partial beneficiary on your life insurance policy or retirement plan assets by dividing your assets into percentages.

Simply contact your insurance company to ask how you can change beneficiaries of your life insurance policy. In the case of retirement plan assets, ask your retirement plan administrator for a change-of-beneficiary form.

If you give annually to MC Law and want to extend your support for the law school’s work, these are smart ways to leave a lasting legacy without affecting your income, and they still allow you the flexibility to change your mind in case your circumstances—or the economy—changes. Ask your estate planning attorney about how to set up these gifts, or visit the MC Law Planned Giving website at law.mc.edu/Alumni & Friends /Donate/Gift Planning.

Source: Giving USA 2011: The Annual Report on Philanthropy for the Year 2010

1

The Heritage Society honors those who have made a planned gift to MC Law, including bequests, living trusts, charitable gift annuities, charitable remainder trusts, lead trusts, or gifts of life insurance.

For more information on supporting MC Law with a planned gift, contact Thorne Butler, director of development, at 601.925.7172 or tbutler@mc.edu.

MC Law Heritage Society members include: The Heritage Society welcomes new member Judge Mary Libby Payne, who has included in her will a charitable bequest for the Mary Libby Payne Lectureship Series on Christianity & the Law. D. Carl Black ’63 • Thorne G. Butler • Lee Cline ’79 • Robert and Barbara Colavolpe • D. Christopher Daniel ’02 The Honorable Rex Gabbert ’85 • Herman Hines • Hugh Keating ’79 • Jonny P. Lohman • Robert L. Lyle ’88 David McCarty ’04 • Dean Michael J. Maloney ’80 • Dean Mary Miller ’85 • The Honorable Mary Libby Payne Jon B. Rivera • Dean Jim Rosenblatt • T. Mark Sledge ’80 • Professor J. Allen Smith • Lowell Stephens ’56 amıcus | 49

HOT OFF

The MLi Press

am覺cus | 50

Professional Responsibility for Mississippi Lawyers

annotations are arranged topically, making it easier to pinpoint cases that discuss a particular portion of a rule.

Jeffrey Jackson, Donald Campbell

Commentary on Judicial Ethics in Mississippi

Mississippi Limitations of Actions 2009–2010

Thomas Walter Donald Campbell, Jeffrey Jackson $99.95 $245.00 Mississippi Limitations of Actions is a valuable reference source Responsibility for Mississippi Lawyers with its companion vol- for attorneys faced with possible time bars to actions. This ume Commentary on Judicial Ethics in Mississippi provides a publication covers all major changes in the law of limitations, comprehensive reference on issues related to lawyer and judi- including Hurricane Katrina-related changes. cial ethics in Mississippi. The Professional Responsibility volume analyzes not only the Mississippi Rules of Professional Conduct Damages Law for Mississippi Trial Practice and judicial decisions interpreting the Rules, but also incor- John Corlew porates ethics opinions from both the Mississippi Bar and the $295.00 American Bar Association. Coverage includes basic obligations This publication addresses all elements of tort damages, to clients; fees and client property; confidences and secrets; con- including suggested jury instructions. In addition, the book flicts of interest; entity and special client representation; lawyer’s catalogues more than 200 million dollar verdicts in all 22 Misduty as advisor; ethics in litigation; special duties of prosecu- sissippi Circuit Court Districts and Federal Courts. tors; duties to third parties; roles and obligations of lawyers in law firms; service obligations; advertising and lawyer market- Mississippi Appellate Practice ing; misconduct and the duty to report; and choice of law. Com- Luther Munford mentary on Judicial Ethics in Mississippi offers a comprehensive $295.00 examination of issues related to judicial ethics in Mississippi. This comprehensive guide to appellate practice in Mississippi The book covers adjudicative, administrative, and disciplinary includes appeals to trial courts, with checklists, forms, table duties of judges; limitations on judicial ex parte communica- of authorities and index. New features in this edition include tions; judicial disqualification and recusal; restrictions on extra- new case citations for 2001–2006, cross references to Encyclojudicial activities of judges and judicial candidates; regulation of pedia of MS Law, MS Civil Procedure, MS Rules Annotated, MS political and campaign activities of judges and judicial candi- Chancery Practice, and the MS Jury: Law and Practice. dates; obligations of former judges, adjudicators, mediators and MLi Appellate Case Update Bulletin adjuncts; and the authority and jurisdiction of the Commission Dean Mary Miller on Judicial Performance. Both books are arranged and indexed Fee varies with citations to relevant authority to provide easy access for the Contact the MLi office for specifics at 601.925.7107 judge or practitioner seeking information on any issue related to or tupton@mc.edu. professional responsibility or ethics in Mississippi.

MLi Press offers an e-mail subscription service delivering

weekly summaries of all published Mississippi Supreme Court and Court of Appeals opinions, usually within a day following hand down. The facts and legal analysis are presented in a Judge Mary Libby Payne concise format which allows attorneys to determine quickly if $55.00 the case is one which is pertinent to their practice. A hypertext A Goodly Heritage is the history of Mississippi College School of link to the opinion on the official Supreme Court web site is Law as told by its founding dean. The book chronicles the purincluded for ease in viewing the full text opinion. The sumchase of the Jackson School of Law and continues through the maries are available in WordPerfect or Microsoft Word format. often challenging process of acquiring American Bar Association accreditation and the law school’s rise to national prominence.

a goodly heritage: a memoir of mississippi college school of law

Mississippi Rules Annotated 2013–2014

Dean Mary Miller to order, please visit $135.00 law.mc.edu/publications.

Mississippi Rules Annotated is the most comprehensive compilation of case annotations for the civil procedure, evidence and Shipping and handling for all publications: appellate court rules available on the market. The 2013-2014 $10 for 1 book / $16 for 2-4 books edition has been updated to include rules, amendments and case annotations through March 1, 2013. In this edition, the $22 for 5-10 books / $40 for 11 or more books

amıcus | 51

Law

and

Honor MC LAW HELD ITS ANNUAL LAW DAY AWARDS CEREMONY ON APRIL 14, 2013.

MC Law Dean Jim Rosenblatt and Dean Mike Maloney served as masters of ceremonies, acknowledging outstanding achievements and commitment to the law school on the part of MC Law students, faculty, and staff.

“Law Day is an annual highlight at MC Law,” said Dean Jim Rosenblatt.

“It’s important to the law school and a personal honor for me to formally recognize the academic leadership and achievements of our students and faculty. Congratulations to all of those honored who represent MC Law so well.

You are our law school’s and our profession’s most outstanding ambassadors.”

Faculty and Staff awards presented at Law Day 2013 are as follows: Professor of the Year Award Jeffrey Jackson

Adjunct Professor of the Year Award Jeremy McNinch

1st Year Professors of the Year Awards Section X Donald Campbell Deborah Challener

Mississippi Defense Lawyers Association Faculty Award Dean Phillip McIntosh

Section Y Jeffrey Jackson Section Z Jonathan Will

Professor Shirley Norwood Jones Faculty Collegiality Award Professor Celie Edwards

amıcus | 52

Faculty Professionalism Award Professor Jeffrey Jackson John C. Brown Cornerstone Award Dean John C. Brown Staff Employee of Year Angie Luper Stephen Parks

Join

us for the

Alumni Dinner and Scholarships Auction Saturday, April 12, 2014 • 6:00 p.m.

The King Edward – Hilton Garden Inn register online at http://lawalumni.mc.edu/dinner14.

Please register no later than April 1, 2014.

amıcus | 53

Dear MC Law Alumni and Friends, Blessed.

That is the best word to describe MC Law. The law school has grown in so many different ways since I graduated in 1998. It is simply amazing to see the enhancements to the facilities and to celebrate the impressive number of accolades that the law students, faculty, and our alumni receive each year. None of these achievements would have been possible without your support.

Today, MC Law offers more opportunities than ever to stay connected with your alma mater. Whether it’s attending a First Wednesday lunch, seeing old friends at the annual spring reunion, or volunteering your time and expertise as a moot court coach, I encourage you to take advantage of the meaningful connections MC Law has to offer you. You’re sure to gain both professionally and personally from your involvement (not to mention that it’s refreshing to see your fellow alumni outside of a courtroom).

I’m always looking for ways to improve the alumni association, so please feel free to contact me with your suggestions and ideas. I hope to see you at the next MC Law alumni event.

Melissa Malouf ’98 President, MC Law Alumni Association

amıcus | 54

C class | action

Please send your Class Action updates to Karen Flowers, director of alumni, at kflowers@mc.edu.

1969

Forrest Stringfellow was honored by the Mississippi Volunteer Lawyers Project at the National Pro Bono Week Celebration reception for his dedication and service.

1972

X. M. Frascogna, Jr. received MC Law’s 2013 Lawyer of the Year award.

1983

Sid Davis was re-elected as chairman of the board by the Peoples Bank shareholders.

Pat H. McCullough was admitted to practice before the United States Supreme Court.

Sharon Thibodeaux served on the board of the Rankin County Bar Association for the 2012-2013 year.

Tod Young was appointed as Ninth Judicial District Court judge

by Nevada Governor Brian Sandoval.

1984

1976

Ceola James was elected to serve on the Mississippi Court of Appeals. Her eight-year term began in January 2013.

1977

Marilyn R. Brand was selected to be an administrative law judge for the Office of Disability Adjudication and Review. She is in the Jackson office.

1985

Stan Ingram received the John H. Clark, M.D. Leadership Award presented by the Federation of State Medical Boards in recognition of his leadership in the field of medical licensure and discipline.

The Honorable Cynthia L. Brewer was honored by the Mississippi Volunteer Lawyers Project at the National Pro Bono Week Celebration reception for her dedication and service.

1978

The Honorable Rex Gabbert was appointed to the Missouri Court of Appeals, Western District.

James M. Anderson was named one of the Mississippi Business Journal’s 2011 Leaders in Law. Anderson was also selected as MC Law’s 2012 Lawyer of the Year.

Charles Baglan was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law.

The Honorable Michael W. McPhail was honored by MC Law with the 2013 State Judge of the Year award. Judge McPhail serves as Forrest County’s County and Youth Court judge.

1979

Beth C. Clay was honored by the Mississippi Commission on the Status of Women as one of their Women of the Year.

1980

Nicki Boland has been admitted to practice before the United States Supreme Court.

Hugh Keating was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law.

Hunter W. Lundy was chosen as one of Louisiana’s Super Lawyers.

J. Michael Maloney has been admitted to practice before the United States Supreme Court.

1981

Phillip Broadhead has been named clinical professor and director of the Criminal Appeals Clinic for the University of Mississippi School of Law. William E. Whitfield, III was named one of the best lawyers in America in personal injury litigation-defendants. He was also inducted as a fellow in the Mississippi Bar Foundation. This is the foundation’s highest honor.

1982

Nina Stubblefield Tollison was selected by the Women in the Profession Committee of the Mississippi Bar to receive the Susie Blue Buchanan Award.

Daniel G. Hise was named one of the Lawyers of the Year by Best Lawyers in America 2014.

Tony O’Malley was appointed judge advocate to Post 75 of the American Legion and elected president of the Oakfield, Wisconsin, Lions Club.

The Honorable Linda A. Thompson was selected as MC Law’s 2012 State Judge of the Year. Judge Thompson serves as a workers’ compensation judge.

1986

The Honorable Michael T. Parker was selected as MC Law’s 2012 Federal Judge of the Year. Judge Parker serves as a United States Magistrate Judge.

Granville Tate Jr. was recognized as a Chambers USA Top Lawyer in its 2013 edition, which lists leading law firms and individual lawyers in an extensive range of practice areas. Tate was recognized for his work in the Corporate/Commercial: Banking & Finance area.

1987

Mark Baker served on the board of the Rankin County Bar Association for the 2012-2013 year.

Roger C. Riddick was named as one of The Best Lawyers in America in workers’ compensation law.

Liz Welch is the Secretary of the Senate for the State of Mississippi. Welch was also recognized by the Mississippi Commission on the Status of Women as one of the distinguished women in the Political/State and Local Government category.

1989

Chuck Barlow was named vice president of environmental policy and strategy for Entergy Corporation.

Drew Malone was honored by MC Law with the 2013 Community Spirit Award.

amıcus | 55

class | action 1990

Elizabeth “Betsy” Branch opened The Brach Law Firm, PLLC in Rockwall, Texas. Her focus is family law, wills, probate and criminal defense.

1995

David Carpenter was elected circuit court judge for Jefferson County, Alabama. He will preside over criminal and divorce cases.

Capt. Eduardo (Eddie) Martinez attended the Center for Home- Maite D. Murphy serves as South Carolina’s circuit court judge. land Defense/University and Agency Partnership Initiative faculty She was elected to the position by the South Carolina General development workshop held in Monterey, California, located at Assembly in January 2013. the Naval Postgraduate School. Martinez was one of 32 homeland security faculty nationwide selected for the annual workshop, Ashley Rich has been elected to serve as a member of the national board of directors for the Association of Government Attorneys which explores trends in educational challenges. in Capital Litigation.

1991

The Honorable Elizabeth R. de Gruy was honored by MC Law with the 2013 Federal Judge of the Year Award.

Abe Quint Shafer has been admitted to practice before the United States Supreme Court.

David G. Galyon was awarded the Stanford Young Lifetime Achievement Award by the Mississippi Association for Justice.

Kim Turner leads the Office of the Secretary of State’s Elections Division. Turner was promoted to the position after serving as senior attorney in the Elections Division.

Brian Goldrick has been selected as the new associate judge for the 11th Judicial Circuit in Illinois.

Curt Hebert, Jr. has joined the firm of Brunini, Grantham, Grower & Hewes, PLLC. The Honorable Winston L. Kidd was honored by the BLSA as 2012 Alumni of the Year.

Pamela E. Langham was appointed by Florida Governor Rick Scott to the First Circuit Judicial Nominating Commission. Her term runs from July 31, 2012 to July 1, 2016.

Randy Patterson was honored by the Mississippi Volunteer Lawyers Project at the National Pro Bono Week Celebration reception for his dedication and service.

1992

Mel Coxwell served on the board of the Rankin County Bar Association for the 2012-2013 year.

Long Westerlund has joined ATSI Corp as vice president, advanced technology division. He manages strategy, P&L, and partnership and client engagement for cloud computing, high performance computing environment (HPC), and mobile arenas.

1996

Cheri Turnage Gatlin was named as one of Mississippi Business Journal’s 2012 50 Leading Business Women in Mississippi.

Joe Tatum was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law. 1997

Shelly Burns is now associated with Butler, Snow, O’Mara, Stevens & Cannada.

Kevin D. Camp has been admitted to practice before the United States Supreme Court.

Karen McKeithen Schaede is of counsel to Liles Parker. In addi- Tangi Carter is now in solo practice in Hattiesburg. She specialtion, she is the founder and principal of Karen McKeithen izes in state and federal criminal defense.

Schaede Attorney at Law, PLLC in Greensboro, North Carolina, a boutique law firm concentrating in the areas of health law, busi- Daniel L. McMurtry has been admitted to practice before the United States Supreme Court. ness/corporate law, and employment law.

David Rueff, Jr. was named one of Portico Jackson magazine’s UpAnd-Coming Attorneys in the Jackson area.

Cindy Eldridge received the Medal of Gratitude from the president of Albania, President Bamir Topi. She was recognized for her 1996 dedication to improving the Albainian rule of law, quality of jusBradley S. Clanton, a shareholder with Baker, Donelson, Beartice, and judicial professionalism over the course of her tenure in man, Caldwell & Berkowitz, PC was appointed to chair the Albania. She serves in the Office of Overseas Prosecutorial DevelCivil Appellate Practice Committee of the Mississippi Bar’s opment and Training as the resident legal advisor.

Appellate Section. He has served as chief counsel to the U.S. Walter Morrison, IV is of counsel to the firm Gainsburgh, Ben- House Judiciary Committee’s Subcommittee on the Constitution and has handled matters related to the securities and jamin, David, Meunier & Warshauer, LLC. exchange commission.

1993

1994

Robert W. Mueller has been admitted to practice before the United States Supreme Court.

Lawrence Schemmel was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law.

La’Verene Edney was awarded the 2012 Mississippi Bar Distinguished Service Award. Edney was also recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law. Lisa S. Porter was elected judge for the 20th circuit, Florida.

amıcus | 56

class | action John Elliott will serve on the board of the Rankin County Bar 1998 Rogen Chhabra received the Stone Pony Award at the 2012 Mis- Association for the 2012-2013 year. sissippi Association for Justice Convention. Chhabra is the 2013J. Kyle Fulcher has been named division sales manager for Divi14 president of the Mississippi Association for Justice. sion N of John Deere.

Michael M. Cocrane was appointed as prosecutor in Wyoming Sharon M. Garner named partner of Forman Perry Watkins Krutz County, West Virginia. & Tardy LLP in Houston, Texas. Garner’s article “Changes in the Meta Copeland was recognized by the Mississippi Business Journal Litigation Landscape: New Laws from the 2011 General Session,” as one of the 2012 Leaders in Law. was published in the November/December issue of The Houston Lawyer magazine.

Rebecca M. Langston received the Women’s Caucus Excellence in Leadership Award at the 2012 Mississippi Association for Jus- Darryl Gibbs was honored by the Mississippi Business Journal as tice Convention. one of the 2012 Top 40 Under 40.

David Morrow, Jr. served as Rankin County Bar Association President for the 2012-2013 term.

Keith W. Turner is a member of the firm Watkins & Eager, PLLC.

Jennifer H. Johnson was elected as district seven representative for the Young Lawyers Division of the Louisiana State Bar Association.

2002

1999

J. Michael Coleman has been named a shareholder of the firm Wilkins Tipton, PA.

Bartley Adams was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law.

Jennifer Riley-Collins is executive director of the American Civil Liberties Union in Mississippi.

Jennifer Boydston was honored by the Mississippi Business Journal as one of the 2013 Top 40 Under 40.

Amy M. Klotz serves as a career law clerk for Magistrate Judge Charles J. Kahn in the United States District Court for the Northern District of Florida.

Courtney Coker was honored with the U.S. Department of Justice Director’s Annual Award for Outstanding Criminal Investigation.

Susan McNamara serves on the 2013 board of directors of the Christian Legal Society of Jackson.

D. Christopher Daniel has joined the District Attorney’s Office of the Second Circuit Court District of Mississippi, where he prosecutes felony cases in Harrison, Hancock, and Stone Counties. Daniel was awarded the Mississippi Bar’s Lawyer Citizenship Award for 2012. This prestigious award recognizes outstanding service to the community and legal profession. He also serves as an adjunct professor at Tulane University.

B. Kristian W. Rasmussen, III is a shareholder in the firm Cory Watson Crowder & DeGaris.

2000

Betsy Cotton was featured as the Solo Practitioner of the Month in the June 2012 issue of the Greater Mississippi Edition of Attorney at Law Magazine.

Dennis DeBar was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law. David M. Eaton has been named to the board of directors of Wilkins Tipton, PA. Michele McCain was named among Portico Jackson magazine’s Top Up-And-Coming Attorneys.

Michael C. Moore was inducted as a fellow for the Mississippi Bar Foundation.

Omar Nelson was featured as the Trial Lawyer of the Month in the June 2012 issue of the Greater Mississippi Edition of Attorney at Law Magazine.

2001

Mary Margaret Gay, a partner of Forman Perry Watkins Krutz & Tardy LLP in Jackson, was named Mid-South Rising Star for Personal Injury Defense: Products in the 2011 edition of MidSouth Super Lawyers.

Representative Andy Gipson was named the 2012 Conservative Legislator of the Year by his colleagues in the Mississippi Legislative Conservative Coalition.

Jim McNamara was appointed partner in charge of the Jackson office of Adams and Reese, LLP. Richard Norris was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law. Bobby Perkins has joined Mississippi College as a member of the faculty in the School of Business. He will teach faith and business ethics, a new course in the School of Business

Edderek L. “Beau” Cole, an associate of Forman Perry Watkins Janie Putt was awarded the 2012 Southern League Woman of Krutz & Tardy LLP in Jackson, was recognized as a Mid-South Ris- Excellence award. ing Star for General Litigation in the 2011 edition of Mid-South Super Lawyers. Beau was also recently named by Portico Jackson W. Dewayne Richardson has been included in this year’s “Nation’s Best Advocates: 40 Lawyers under 40.” magazine as an Up-And-Coming Attorney in the Jackson area.

amıcus | 57

class | action Lea Ann Smith was named partner of Forman Perry Watkins Krutz & Tardy, LLP in Jackson. Smith was recognized as a MidSouth Rising Star for Personal Injury Defense: General in the 2011 edition of Mid-South Super Lawyers.

Kristi Rogers Brown has been named as a shareholder with the law firm of Daniel Coker Horton & Bell, PA. She works in appellate law, general insurance defense, premises liability, products liability, and professional liability. Brown is based in the Gulfport office.

Amy St. Pe’ was named to serve on the Merchants & Marine Bank advisory board.

Vaiden Clark was honored by the Mississippi Business Journal as one of the 2013 Top 40 Under 40.

2003

Joy Dowdle is an associate with Paul Hastings, LLP in Houston, Texas.

Claire Barker has joined the Jackson office of Wyatt, Tarrant & Combs, LLP. Barker was named as one of Portico Jackson magazine’s Up-and-Coming Attorneys in the Jackson area.

Ben Hogarth was named as one of the 2013 Super Lawyers Rising Stars. Hogarth practices personal injury law in Raleigh, North Carolina.

Mark Goldberg is the law clerk for U.S. District Court Judge Keith Starrett in Hattiesburg.

Stephen Masley was promoted from associate to member of the firm at McGlinchey Stafford PLLC.

J. Troy Johnston joined Butler Snow’s Greater Jackson office. He is a member of the firm’s public finance and incentives group and brings experience in municipal law and public finance. He is listed as a Mid-South Super Lawyers Rising Star, and serves as general counsel to the Mississippi Municipal League.

Erin Oliver was honored during National Justice for Animals Week 2001 by the Animal Legal Defense Fund as one of America’s Top Ten Animal Defenders.

2004

Jason Causey is associated with Carrizo Oil and Gas, Inc. in Houston, Texas.

Matthew Thompson was elected president of the Madison County Bar for the 2012-2013 term. He operates the Thompson Law Kendra Lowery was honored by the Mississippi Volunteer Lawyers Firm, which emphasizes family law. Thompson was honored by Project at the National Pro Bono Week Celebration reception for the Mississippi Volunteer Lawyers Project at the National Pro her dedication and service. Lowrey received the Mississippi Vol- Bono Week Celebration reception for his dedication and service. unteer Lawyer’s Project 2013 Curtis E. Coker Access to Justice 2006 Award. Since becoming a volunteer with MVLP in 2011, LowDamon Carpenter has rejoined Wise Carter Child & Caraway, ery has logged more than 400 pro bono hours. Lowery was also PA as an associate in the firm’s Hattiesburg office. Damon’s pracrecognized by the Mississippi Business Journal as one of the 2012 tice includes banking and financial institutions, creditors’ rights Leaders in Law and as one of the state’s 50 Leading Attorneys. and bankruptcy, estate and retirement planning and probate, genAllen McDaniel will serve on the board of the Rankin County eral business and corporate law, government contracts, healthcare Bar Association for the 2012-2013 year. transactions, Indian law, mergers and acquisitions, and real estate.

Amanda Green Alexander is serving as vice president of the 20132014 Capital Area Bar Association.

Jenny Tyler Baker was named as the attorney for the Biloxi Civil Service Commission in July of 2011. Her Father, the late Bob Tyler ’82, was previously the commission’s attorney.

Christopher Fontan is a member of Brunini, Grantham, Grower & Hewes, PLLC. He joined the firm in 2006. He was honored by the Mississippi Business Journal as one of the 2013 Top 40 Under 40.

Tanya Dearman Ellis was named partner of Forman Perry Wat- Adam Gates is with Baker, Donelson, Bearman, Caldwell & kins Krutz & Tardy, LLP in Jackson. Ellis was recognized as a Berkowitz, PC. Mid-South Rising Star for Civil Litigation Defense in the 2011 edition of Mid-South Super Lawyers. Ellis was also named to the June Hardwick was elected by the Jackson City Council to serve as a judge with the Jackson Municipal Court.

2012 Portico 10 by Portico Jackson magazine.

David McCarty’s article Love in Vain: The Social Value of Mississippi’s Alienation of Affection in Protecting Marriage was published in Volume 31, Issue 1 of the Mississippi College Law Review. David was also recognized by the Mississippi Business Journal as one of the 2012 Leadership in Law. Tracy O’Steen has joined the firm of Armstrong Teasdale, LLP in Las Vegas as part of the FRE group.

Tina Seymour has joined Corporate Management, Incorporated of Gulfport as director of corporate compliance.

2005

Kent Bloodworth is associated with Mississippi Farm Bureau Federation as associate general counsel.

Joshua G. Holden, a member of the Birmingham, Alabama, insurance defense firm Fish Nelson, LLC, was selected to serve as the chair-elect of the American Bar Association TIPS Workers’ Compensation and Employers’ Liability Committee. Holden also serves as a director on the board of the Alabama Workers’ Compensation Organization.

Karen Howell is a member of the firm Brunini, Grantham, Grower & Hewes, PLLC. She joined the firm in 2006.

Clifton Jeffery, a special agent with the U.S. Department of State Diplomatic Security Service, received the Award for Heroism from Secretary of State Hillary Rodham Clinton for his actions during a terrorist attack on a motorcade in Peshawar, Pakistan, one of the most dangerous high-threat cities in the world.

amıcus | 58

class | action Scott Jones was elected partner at Adams and Reese, LLP. Karmel King was featured in the April 2013 section of the Mississippi Business Journal’s “Keeping Our Eye On.” John Lassiter is partner of the firm Burr & Forman LLP. Davetta Cooke Lee was honored by MC Law with the 2013 Young Lawyer of the Year award.

Paul “P.J.” T. Lee, Jr. was named as one of Portico Jackson magazine’s Up-And-Coming Attorneys in the Jackson area.

Haydn Roberts serves on the board of the Rankin County Bar Association for the 2012-13 year.

Matthew P. Thielemann joined Bean, Kinney & Korman as an intellectual property and licensing attorney.

Hicks Winters is the land manager – river region for Lafarge North America in New Orleans.

2008

David F. Berry, IV (“D”) has been named shareholder and managing partner in the firm of Deaton & Berry, P.A. in Flowood, Mississippi.

Andrew Neely opened a firm with his law partner, W. Eric Stracener. Stracener & Neely, PLLC is located in Jackson, Mississippi. Andrew Cardwell was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law. Eugene O’Donnell is CEO of the South Carolina Pharmacy Katrina Dannheim is an associate with the firm Galloway, JohnAssociation. son, Tompkins, Burr & Smith, PLC in Gulfport, Mississippi.

C.J. Robinson was promoted to chief deputy district attorney for Will D. Edwards was voted by his peers as one of City View magathe 19th Judicial Circuit in Alabama. zine’s Best Attorneys in the area of estate planning/trusts in Knoxville, Tennessee.

John Windsor opened a practice in Corinth, Mississippi.

2007

David Ash served on the 2013 board of the Christian Legal Society of Jackson.

Michael Bentley, the new president of Mississippi Association of Partners in Education, is an associate at Bradley Arant Boult Cummings LLP in Jackson, where he maintains an appellate and commercial litigation practice. Bentley serves as the president for the Jackson Young Lawyer’s Association.

Heidi Billington was promoted to partner at the firm of Rubin Lublin, LLC. Karen Futch is associated with Judd & Jacks, PLLC in Fort Worth, Texas.

Gabe Goza served on the 2013 board for the Christian Legal Society of Jackson.

Mark Lyon was promoted to review operations lead for Huron Consulting Group’s New York office. Huron manages large-scale eDiscovery projects for corporate legal departments.

Elizabeth “Betsy” Key has joined Inside Edge Legal in Washington, DC as professional recruiter.

Marshall Hollis is associated with Hare Clement, PC in Hoover, Alabama.

Sara Katherine “Katie” Lawrence has been promoted to senior attorney in the Social Security Administration Office of Disability, Adjudication & Review.

Ryanne Duffie Saucier was featured in the “Keeping Our Eye On” section of the Mississippi Business Journal.

Damon Stevenson was honored by the BLSA as the New Alumni of the Year.

Amy Strickland joined the staff of the Mississippi Court of Appeals as law clerk for Chief Judge L. Joseph Lee. Alec Taylor was recognized by the Mississippi Business Journal as one of the 2012 Leaders in Law. 2009

Adam Choate joined the American Horse Council as the director John Mastin was appointed by Alabama Governor Robert Bent- of health & regulatory affairs in Washington, D.C. ley to serve as the district judge for the 27th Judicial Circuit in Jana J. Edmondson was invited to serve on the Georgia AssociaMarshall County. tion of Latino Elected Officials Leadership Council. She will also Sean D. McLean serves in the tax section of King & Ballow in serve a second term as the Middle Georgia regional vice president Nashville, Tennessee. of the Georgia Association of Black Women Attorneys, and will serve one term on the State Bar’s Access to Justice Committee.

Muncelle Mitchell joined the Chesser and Barr law firm in their Edmondson was one of 36 young lawyers across the state selected Crestview, Florida, location. to participate in the 2012 Class of the State Bar of Georgia’s Young Lawyers Division (YLD) Leadership Academy. She has also Erich Nichols opened Williams & Nichols, PA in Gulfport, Misbeen asked to serve a two-year term on the State Bar of Georgia’s sissippi, specializing in tax and transactional work.

YLD executive council. Edmondson was selected as one of six canSue M. Perry was admitted to practice before the United States didates nationally to receive a scholarship to attend a national litSupreme Court. igation and advocacy conference. She is also the published author of several articles on limited English proficiency/language access.

Jennie Pitts Eichelberger received the 2011-12 Outstanding Young Lawyer Award presented by the Young Lawyers Division Mary Ballew Gurz was named president of the Tifton Judicial of the Mississippi Bar. Circuit Bar Association for 2012-2013.

amıcus | 59

class | action Tray Hairston was selected as MC Law’s 2012 Young Lawyer of the Year. Hairston was formerly Mississippi Governor Phil Bryant’s policy advisor on economic development and public finance but has recently joined Butler Snow. Hairston was honored by the Mississippi Business Journal as one of the 2013 Top 40 Under 40.

Jessica Shively has joined the Dayton Firm of Holzfaster, Cecil, McKnight & Mues, LPA.

Daniel Hassin is associated with Chinn & Associates, PC.

Kristen Carroll Wasieleski is associated with Robert J. Semrad & Associates in Chicago, Illinois.

Lindsey Hill served as Rankin County Bar Association secretary for the 2012-13 year.

Nick Morisani was named the Mobile Area Chamber of Commerce’s “Ambassador of the Month” for his work through the organization with other chamber volunteers.

Tara Patti is now the chief counsel for the Division of Medicaid in the State of Mississippi.

Brian Spring is associated with Ernst & Young in San Francisco, California.

Kyle White is an associate with the Gallivan, White & Boyd, PA in Greenville, South Carolina.

Robert White is associated with Young, Bill, Roumbos & Boles, PA in Pensacola, Florida.

2011

Cliff Agnew is associated with the firm Williford, McAllister & Jacobus, L.L.P. in Ridgeland, Mississippi.

Denita Smith is with the Mississippi Office of the Attorney General representing the Department of Human Services. Smith was Tim Anzenberger joined the staff of the Mississippi Supreme chosen to participate in the Mississippi Bar’s Leadership Forum Court as a law clerk for Presiding Justice Jess H. Dickinson after for 2013. graduation. Since then, he has joined Copeland Cook Taylor & Bush, PA. He was also recognized by the Mississippi Business JourAshley Nader Stubbs was recognized by the Mississippi Business nal as one of the 2012 Leaders in Law. Journal as one of the 2012 Leaders in Law. Blake Bell is director of government affairs for the Mississippi Amanda Terry is with the Knoxville, Tennessee, office of Allen- State Medical Association.

Kopet.

Paige Biglane is special assistant attorney general representing the Brandi Wade is associated with Stewart Title in Vancouver, Office of the Governor, Division of Medicaid.

Washington.

Thomas L. “Trey” Carnes, III is now with Clinton A. Harkins, 2010 PC in Marietta, Georgia.

Jonathan Beyer joined the Kentucky Public Service Commission as a staff attorney.

Blair Clinton joined the firm Heninger Garrison Davis, LLC in Birmingham, Alabama.

Ashley Buckman is associated with Jones Walker in Jackson, Mississippi, as a government relations specialist.

Damian Crooks is a staff attorney with Lake Bluff, Illinois-based J. Nicholas Crawford is with the Attorney General’s Office representing Medicaid.

BENNU Legal Services, a nonprofit legal aid agency. BENNU Legal Services provides assistance to immigrants transitioning into the United States, as well as to entrepreneurial small businesses.

Sara Elizabeth Dykes received her masters of law in law and govH. Richard Davis is associated with Jernigan, Copeland & Anderernment from American University Washington College of Law son, PLLC in Ridgeland, Mississippi. in Washington, DC., in May 2012. Dykes’ course specializations were gender and the law and health law and policy.

Will Janoush received his LL.M. in taxation from the UniverBrandi Gatewood was honored at the 2012 Mississippi Associ- sity of Florida. He is with the Barnes Law Firm in Flowood, Mississippi. ation for Justice Convention with the Beyond the Call Award.

Jason Hadley has opened The Hadley Law Firm, LLC in Bay Minette, Alabama. He also maintains offices in Mobile, Alabama, and Ridgeland, Mississippi.

Hunter Kitchens is associated with Waller Landsen Dortch & Davis, LLP.

Carlyn Hicks served on the 2013 board of directors of the Christian Legal Society of Jackson.

Josh Leggett joined the staff of the Mississippi Supreme Court as a law clerk for Justice Ann H. Lamar after graduation. Since then, he has joined Forman Perry Watkins Krutz & Tardy, LLP.

Greta Kemp was honored at the 2012 Mississippi Association for Justice Convention with the Beyond the Call Award.

Jamie Manley is associated with Coventry Workers’ Comp Services in Franklin, Tennessee.

Kelvin Pulley joined The Collins Law Firm in Cleveland.

Sabrina Ruffin is associated with Jones Walker in Jackson, Mississippi.

Larry D. McCarty joined the staff of the Mississippi Supreme Court as a law clerk for Presiding Justice Jess H. Dickinson.

Mary Salter has joined the Dyess Law firm in Louisiana working in the area of criminal law.

Graham Penney is assigned to the state court in Chatham County Georgia in the major crimes division.

amıcus | 60

class | action Erin Bachman Saltaformaggio joined the firm of Bradley Arant Boult Cummings, LLP. Frankie Springer received the 2013 Beyond the Call of Duty Award from the Mississippi Association for Justice for outstanding pro bono legal services during the year.

2012

Marriages 2003

Daniel Wesley Kitchens and Mollie Corinne McCormick, September 29, 2012 2004

Amber Barlow is associated with Susan Hamm, Attorney at Law in Shreveport, Louisiana.

Cassandra Jean Harris and Mark F. Kalupa, January 28, 2012

William Matthew Burch is associated with the Law Office of James G. McGee, Jr., PLLC in Jackson.

2005

Crystal Michelle Utley and Nicholaus Aaron Secoy, August 24, 2013

Barbara Byrd joined the staff of the Mississippi Supreme Court as law clerk for Chief Justice Bill Waller, Jr after graduation. Since she has joined the Mississippi Attorney Generals’ Office.

2007

Taurean D. Buchanan and Stacey R. Moore, July 21, 2012

Laura Huddleston Carter joined the staff of the Mississippi Court of Appeals as law clerk for Presiding Judge T. Kenneth Griffis after graduation. Since then, she has joined the Mississippi Department of Revenue.

2008

John Calvin Patterson and Kate Howard, September 15, 2012

Simpson Goodman has opened his firm in Jackson.

2009

Corey D. Gibson opened a solo practice in Collins, Mississippi.

Jana J. Edmondson and Teristan P. Cooper, March 29, 2013

Laura Givens is associated with the Copeland, Cook, Taylor & Bush, PA. Charles Haggard joined the Haggard Law Office in Kentucky.

William Mackin Johnson joined the Labor and Employment Group of Butler, Snow, O’Mara, Stevens & Cannada in their Jackson office.

Alisha Dawn Franklin and Cash Bond, January 8, 2011 Kelly Elizabeth Hollingsworth and Mitchell Kennedy Stringer, March 23, 2013

Laura H. Katzenmeyer joined the staff of the Mississippi Court of Appeals as the law clerk for Presiding Judge T. Kenneth Griffis after graduation. Since then, she has joined Wells Marble & Hurst, PLLC. Richard Lee is affiliated with Brink, Sobolik, Severson, Malm and Albrect in Hallock, Minnesota.

Justin Lovorn is assistant district attorney for Jackson County.

Garett May is director of risk management for Central Mississippi Medical Center.

Austin McLain is associated with the 10th Circuit Solicitors Office in Anderson, South Carolina.

Paul S. Rosenblatt joined the firm of Butler, Snow, O’Mara, Stevens & Cannada.

Brad Shaw is associated with Anderson, Crawley & Burke, PLLC. Daryl J. Smith is assistant district attorney for the Hinds County District Attorney’s Office.

Betsy Kelly Turley joined the Mississippi Supreme Court staff as a law clerk for Presiding Justice Jess H. Dickinson after graduation. Since then, she has joined Forman Perry Watkins & Krutz LLP.

amıcus | 61

Adrienne Lee Maloney and Ryan Kent Howell Nevin, August 25, 2012 Ashley Hennings Nader and Andrew James Stubbs, November 24, 2012 Frances Virginia Turnage and Timothy Jones, April 14, 2012 2010

Sarah Rose Buchanan and Robert Hudson Lomenick Jr., October 27, 2012 Adrienne Maloney and Ryan Nevin, August 25, 2012 Daniel M. Waide and Erika L. Stanford, October 5, 2013 2011

Brian Barnes and Kristin Starr, October 29, 2011 Thomas “Trey” Carnes and Catherine Amanda Lewis, October 20, 2012 Katherine Dendy McClatchy and Michael Boerner, August 25, 2012 Matthew M. McCluer and Megan Sara Peterson, October 13, 2012

class | action Olivia Taylor Rowe and her husband, Mark, welcomed a daughter, Ardsley Elizabeth, on June 28, 2012.

Megan Elizabeth Potts and Lea Anderson Garrott, Jr., May 19, 2012 Emily A. Scott and Austin Wall, May 21, 2011

2003

Melody McAnally and her husband, John, welcomed a son, Marshall McAnally Lawrence, on April 2, 2013.

Tracey Lynn Stokes and Robert Walters, April 20, 2013

2004

Jenny Tyler Baker and her husband, Roy, welcomed a daughter, Charlotte Kate, on November 9, 2011.

2012

William Mackin Johnson and Laura Ellen Rodgers, November 3, 2012 Robert Hudson Lomenick, Jr. and Sarah Rose Buchanan, October 27, 2012

Alex Vogel and his wife, Kellie, welcomed a son, Bowen David, on January 12, 2012.

2005

Brian Barnes and his wife, Kristin, welcomed a son, Benjamin Matthews, on January 7, 2013. Ben was also welcomed by big sister Emma.

Laura Elizabeth Moore and Brian Allen Miller, May 5, 2012 Julie Diana Sauls and Edwin Robert Noland, III ’11, May 25, 2013

Walter Beesley welcomed a granddaughter, Alexandra Beesley, on October 18, 2012.

Marshall Martin Thomas and Dana Elise Daves, August 18, 2012

Joanna Puddister King and her husband, Justin King ’03, welcomed a son, Christopher Austin King, on August 31, 2011.

Calen James Wills and Abigail Hart Banahan, December 17, 2011

2006

Anne Corley and her husband, Brian, welcomed a daughter, Ella Rose, on April 12, 2013.

2013

Katherine A. Warren and Eric Henderson, August 1, 2013

Adam Gates and his wife, Melanie, welcomed twins, Lucy Katherine and Jack Hayes, on January 3, 2011.

Laurin McGuffee Hamilton and her husband, Kevin, welcomed a daughter, Jennings Claire “Jaycie,” on June 19, 2013. Jaycie was also welcomed by big sister Laney.

Births and Adoptions 1979

Lee Cline and his wife, Betty, welcomed a granddaughter, Emma Gail Rotter, on December 21, 2012.

Andrew Neely and his wife, Nikki, welcomed the birth of their daughter, Mary Cecilia, on April 18, 2012.

1980

Branden Sartin and his wife, Katie, welcomed a son, Baylor William, on March 26, 2012. He joins their other children, Mary Kellan and Walker.

1990

John Windsor and his wife, Claire, welcomed a daughter, Grace Catron, on September 10, 2012.

1996

Rachel Buck Flowers and her husband, Bill, welcomed a daughter, Gabrielle Catherine “Gabby,” on January 5, 2012.

Glenn Rishel and his wife, Paula, welcomed a grandson, Jack Franklin, on October 4, 2012.

Wes Stover and his wife, Kim, welcomed a daughter, Sally Mary Frances, on July 16, 2012.

Lisa Nored and her husband, Doren, welcomed a son, Hayes Andrew Nored, on April 10, 2012.

2000

Mary Barnette (Betsy) Cotton and her husband, Bobby, welcomed a granddaughter, Emerson Grace Williams, on August 23, 2012.

2002

2007

Jay Mastin and his wife, Natalie, welcomed a daughter, Lydia Joy, on September 26, 2011.

Bea McCrosky Tolsdorf and her husband, Drew, welcomed a son, Andrew Charles, Jr. on January 12, 2012.

Chris Daniel and his wife, Michelle, welcomed a daughter, McKenzie Anne, born November 24, 2012.

Nate VanDerVeer and his wife, Emily, welcomed a daughter, Anne Brides, on November 11, 2012.

Mary Margaret and Kevin Gay, both class of 2002, welcomed a son, Owen Griner, on November 2, 2012. Owen was also welcomed by big brother Drew.

J. Spencer Young, Jr. and his wife, Dorothy, welcomed a daughter, Marie Elizabeth, on May 1, 2012.

Matthew McLaughlin and his wife, Shannon, welcomed a daughter, Tatum Elise, on September 29, 2011.

David F. Berry, IV (“D”) and his wife, Bethany McGehee Berry, welcomed a daughter, Bella Lofton Berry, on March 29, 2011.

amıcus | 62

2008

class | action Tia Cardwell and her husband, Andrew, welcomed a son, Cal Wallace, on July 31, 2012.

Shirley Moore welcomed her fourth grandchild, Anna Claire Moore, on May 10, 2012.

Alec Taylor and his wife, Leigh, welcomed a son, Mason Michael, on March 12, 2013.

In Memoriam 1939

Doris C. Hartford, August 28, 2012 1950

Robert B. Hamilton, August 21, 2012

2009

Victoria McDonald Chamberlain and her husband, Gilly, welcomed a daughter, Madeline, on June 4, 2013.

Mary Ballew Gurz and her husband, Michael, welcomed a daughter, Alexis Isabella, on May 15, 2012.

Logan Pierce Fuzetti and her husband, Luiz, welcomed a daughter, Hannah Pierce, on November 1, 2012.

1953

The Honorable James E. Kemp, on April 12, 2013 1957

Clarence Neff Young, May 25, 2012 1958

John W. Capers, March 7, 2012

Carlyn Hicks and her husband, Derrick, welcomed a daughter, Leigh Marie, on May 22, 2012.

Arvis V. “Sid” Cumbest, September 16, 2012

Lydia Hicks-Hamlet and her husband, Boyce, welcomed a daughter, Sawyer Elise, on January 22, 2013.

Charles R. White, April 23, 2012

Nick Morisani and his wife, Jessica, welcomed a son, Nicholas Frances, on September 11, 2012.

William Flemming Browning, Jr., November 1, 2011

Kaytie Pickett and her husband, Drew Hayslett, welcomed a son, Harold Andrew “Harry,” on March 9, 2013.

Kristy Shelton welcomed a son, Noah Daniel, on August 18, 2012.

Carson Thurman and his wife, Allison, welcomed a daughter, Ella Holt, on February 28, 2012.

Erin Hollisand her husband, Marshall ’08, welcomed a daughter, Bellalise Sophia, on September 27, 2012.

2011

1961

1963

The Honorable Thomas L. Zebert , November 22, 2013 1971

Hugh Bowman Sneed, Jr., July 21, 2013 1974

Frank B. Liebling, September 1, 2011 Milford A. Weaver, January 31, 2013 1977

Megan Potts Garrott and her husband, Anderson, welcomed a son, Beau, on September 9, 2013.

Lawrence B. Knight, March 18, 2013

Will Janoush and his wife, Andrea, welcomed a son, James Bradford, on October 3, 2012.

Thomas Eddy Parsons, March 17, 2012

J. Andrew Payne and his wife, Lila Lee, welcomed a son Finley Charles, on July 31, 2012. He was also welcomed by big brothers Boston and Carter.

Thomas W. Talkington, Jr., April 25, 2010

Tyler Shandy and his wife, Carly, welcomed a son, Colton Lane, on July 13, 2012.

Clyde W. “Billy” Galloway, Jr., September 27, 2012

Hunter Twiford and his wife, Katie, welcomed a son, Horace Hunter V, on June 1, 2012.

1978

1979

1980

Joan S. Ratliff, March 23, 2013 1982

Elizabeth Wynn and her husband, Scott, welcomed a son, Ricky Colton, on September 12, 2012.

Dr. Ronald Marquardt, May 15, 2013

2012

James Patrick Hawkins, January 14, 2011

Richard Lee and his wife, Lisa, welcomed a daughter, Emma LaMae, on July 27, 2012.

Garett May and his wife, LeeAnn, welcomed a daughter, Gracen Corley, on September 12, 2012.

Richard Noel and his wife, Crissy, welcomed a son, Richard Aubrey, on December 3, 2102. amıcus | 63

1987

Allen Verchota III, January 12, 2012 1993

Jannet Ann Douglas Cox, October 6, 2012

closing | statement

Two Legal Systems, A Single Goal

down to them by generations of their ancestors. Their Indian families had no recourse to locate and regain custody of their children. Many of these children never saw their families again,

By Tanya Phillips ’02 and their rich native culture was lost to them forever.

Staff Attorney, Mississippi Band of Choctaw Indians In the 1960s and early 1970s, tribes and tribal advocates Working as a staff attorney with the Mississippi Band organized a political movement to stop this arbitrary removal of Choctaw Indians (MBCI or the Tribe), I have gained a deep of Native American children from their tribes. ICWA was creappreciation and respect for the Choctaw Indian culture. ated with overwhelming congressional support to put an end Working within the Choctaw legal system has also shown me to this heartbreak. The act requires child welfare agencies, state that the American legal system with which we are so familiar and tribal, who take custody of Native American children to show good cause for removal. If the removal is founded, these is sometimes not the only way to seek justice for children. agencies must comply with placement pref A major portion of my time is spent reperences prescribed within the act, which resenting the Tribe’s social services agency in The Mississippi Band requires preference for placement among a the Choctaw Youth Court on the Choctaw child’s immediate family, extended family, Indian Reservation. The Indian Child Wel- of Choctaw Indians is or other members of the child’s tribe. fare Act of 1978 (ICWA) is important in the one of 538 federally The Mississippi Band of Choctaw Indipractice areas of child welfare and child custody on and off of the reservation. The recognized tribes in the ans is one of 538 federally recognized tribes in the United States. MBCI is self-governintent of ICWA is to ensure that Native ing, and has operated its own social services American children are not unlawfully united states. mbci is agency for more than 20 years. The cooperremoved from their Indian families and disself-governing, and has ative, harmonious relationship between the connected from the culture of their tribes.

State of Mississippi, Department of Human From the late 1800s through the mid operated its own social Services, and the Tribe was formally estab1900s, thousands of Native American chillished with the adoption of a memorandum dren were forcefully taken from their famservices agency for of understanding that details the responsiilies because their upbringing was bilities of the two governments, and pro“different” than what Anglo or western socimore than 20 years. vides clear jurisdictional boundaries for ety viewed as appropriate. For example, it was typical in some tribes to entrust children to the care of responding to cases involving the Tribe’s children.

The office of the Attorney General for the Tribe is freextended family or other members of the tribal group while the parents hunted and gathered for their tribe. In some areas, quently contacted regarding Mississippi Choctaw children livtribes lived in homes without electricity or running water. ing off of the reservation in Mississippi and in other states. We Outsiders criticized these tribes for living rustic lifestyles, then work with all entities involved to determine what is best which were culturally acceptable but which non-Indian soci- for the child.

ICWA was enacted to right a grievous wrong. As I have ety found antiquated.

State officials and adoption agencies arbitrarily deemed seen first-hand in my work with the Mississippi Band of Chocthese acts as abandonment or neglect, and the children were taw Indians, the law protects the sanctity of traditional native removed en masse and placed into non-Indian homes, orphan- life. The Tribe has a beautiful, rich culture rooted in traditional ages, or boarding schools. Native children who were removed arts, crafts, stickball, dancing, and native language. I have seen were forbidden to speak their native languages, wear tradi- how important it is for Choctaw children to learn these ways, tional clothing or jewelry, or practice the customs handed which can only be passed down by their tribal elders.

amıcus | 64