2
A Message from
Ann E. Keele
2018-2019 TCBA President
16
28
Understanding the Purpose of Psychosexual Evaluations By Lauren Rich, LCSW The Use of Psycho-Sexual Evaluations: A Sticky Thicket By Edward G. Lindsay
TULSA LAWYER
In this Issue
October 2018
4
American Inns of Court
5
The Holidays are Just Around the Corner!
6
2018 Survey Results for Judicial Elections November 6, 2018 General Election Ned Dismukes & Michael Taubman
15
Lawyers Against Pawverty
18
TCBA CLE - FREE TO MEMBERS! Mark your calenders now!
20
Annual Meeting & Awards Photo Review
22
You Don’t Know What You’ve Got ‘Till It’s Gone Kimberly Moore-OBA President
25
Diversity Networking Event
26
Health Resources
27
TCBA's Food Truck Friday! October 26th! Get the details and don't miss this!
31 Grapevine 33
In Memory of...
35
Classifieds
Did you know October 20, 2018 is Candy Corn Day? See page 35 for a few fun facts... Tulsa Lawyer 1
A Message from the President
Ann E. Keele
Sharing Time & Talent Happy Fall, everyone! I hope you are enjoying the fun sports and festivities of this new season. In last month’s letter, I introduced this year’s Executive Committee. This month I’d like to introduce your Board of Directors. The Committee Chairs and Vice Chairs graciously accepted my invitation to lead our various committees. I am thankful to have such a talented and enthusiastic Board, and am confident that we will be able to accomplish some wonderful and enjoyable projects this year.
If you’d like more information about our committees, or how you can get involved, please feel free to contact Tami Williams, the TCBA Membership Director, at tamiw@tulsabar.org or (918) 584-5243. This is going to be a great year, and I hope that you will share some of your time and talent on our worthwhile endeavors. We truly are better together.
Several members of our Board attended the Leadership Retreat held on Saturday, August 25 at the TCBA Sincerely, Center. It was a great opportunity for us all to get to Ann E. Keele know one another better, and to discuss the overall TCBA President, 2018-2019 objectives for our Association. We have a cohesive goal to continue improving the TCBA, striving to enhance member satisfaction. I tried to inspire the leaders to be innovative and creative, and to fearlessly pursue projects they believe will benefit you and our community. I would encourage each of you to get involved in at least one of our committees. We have many to choose from covering a variety of interests. Your participation will not only add value to the TCBA, but it will be rewarding for you as well. I was a TCBA member for several years before serving on a committee. Once I got involved, I discovered just how meaningful the TCBA can be to members and to the Tulsa area community.
2 Tulsa Lawyer
Your 2018-2019 TCBA Board of Directors
Protet your family, friends and clients. Get your flu shot!
ABA Delegate Molly Aspan Bench & Bar Vicki Cox Children & the Law Natalie Sears Steve Hale, Vice Chair Watch your email for Megan Beck, Vice Chair TCBA Flu Shot news! CLE Chair Lizzie Stafford Director at Large-Lg. Firm (1) Philip Hixon Director at Large-Lg. Firm (2) Jessica John Bowman Director at Large-Med. Firm (1) Kara Pratt Director at Large-Med. Firm (2) Jennifer Struble Director at Large-Small Firm (1) Kristine Bridges Director at Large-Small Firm (2) Rachel Mathis Director at Large Public/ Non Profit/Corp (2) Barbara Cordell Diversity Hon. April Seibert Free Arbitration Tamera Childers Become a TCBF Fellow Law Related Education Hon. Martha Rupp Carter today or make your Lawyer Referral Catherine Hoopert existing pledge current. Library Trustee (1) Julie Evans LibraryTrustee (2) Trisha Archer Fellows pledge to donate Membership Kara Pratt Mentoring Kathleen Pence $1000.00 to the TCBF. Pro Bono Kimberly Moore Payment may be Professionalism Matt Farris made in one sum Public Relations Steve Layman or billed annually Social Media Ephraim Alajaji at $100 per year. Special Events Sabah Khalaf, Co-Chair Tim Rogers, Co-Chair Tulsa Lawyer Michael Taubman Becoming a Fellow is a Animal Law Katy Inhofe great way to support the Military/ Veterans David Guten Travis Barnett, Vice Chair Foundation! TCBF President TBD TCBF Community Outreach TBD Contact the TCBA TCBF Golf Committee TBD for more information! TCBF Law Day TBD 918.584.5243 OBA Delegate KenWilliams TU Law School Christy Caves Chief Judge, US District Court Hon. Gregory Frizzell Presiding Judge, District Court Hon. William J. Musseman Presiding Judge, Municipal Hon. Gerald Hofmeister YLD Natalie Sears, Co-Chair Ephraim Alajaji, Co-Chair Grant Carpenter, Vice Chair
TULSA COUNTY BAR
FOUNDATION FELLOWS
The Council Oak Johnson-Sontag Chapter of the American Inns of Court held its Fall Banquet on August 29, at Philbrook Downtown. As part of the event, Joe Breaux, a Certified Sommelier with Bevio, led a wine tasting experience in Old World and New World wines. Tulsa County District Judge Mary Fitzgerald received the Lion of the Bar Award, which recognizes individuals with a lifetime of contributions to the legal profession, the community, and the law, as well as a commitment to the highest principles of excellence and integrity. Rachel Fields, an attorney with Steidley & Neal, received the Athens-Sontag Award, an annual honor for a member of the Inn who demonstrates professionalism, legal ethics, and outstanding leadership in the legal community. The Inn will hold its next program, “Speed Mentoring,� on September 20 at the Summit Club. Those interested in learning more about the Inn may contact Jessica Dickerson at Jessica.Dickerson@McAfeeTaft.com.
4 Tulsa Lawyer
Council Oak Johnson-Sontag Chapter
American Inns of Court
Can you believe the holidays are just around the corner?
It’s time to start planning family and friend get-togethers, time off work, and the gift list! While you're preparing for the holidays, let us all take the time to be thankful for what we have and grateful for the things we don’t have to think twice about. Sadly, a lot of families in the Tulsa area are already worried about how they will feed their families, if they will have enough warm clothing, and if they will be able to get a gift for their children this holiday season. The good news is, we can do something to change that!
The Children and the Law Committee present the, you guessed it, 2018 TCBA Holiday Challenge! Last year was a huge success, where we were able to donate and fundraise a little over $2,700 cash AND adopt 14 families for Family and Children’s Services! Thank you again to all those who participated last year and made 2017 so successful! Let’s try and make this year just as successful, if not more so! The process is simple and just like before. You can either choose to donate money, or you can choose to be matched with a specific family in need. Here’s how it works: Cash: Send your tax deductible donations payable to TCBF and note “Holiday Challenge” on your payment. Cash donations will be accepted through December 7, 2018. -or-
Questions? Contact Natalie at nsears@cordelllaw.com
“Adopt a Family”: 1. Select the family size that you or your team want to “adopt” and Family & Children’s Services will match your team with a family in need; 2. Submit your team’s information (names and contact information) and size of family you wish to “adopt” via email to nsears@cordelllaw.com; 3. Once matched, you will be given a list of requested items from your “adopted” family. The items requested for your “adopted” family will need to be gift wrapped and dropped off to either TCBA or Family & Children’s Services in Tulsa by December 7, 2018 4. Family & Children’s Services will distribute the gifts to your “adopted” family!
If you would like to “adopt” a family, please contact me by November 12th so we can start the matching process with Family & Children’s Services. If you’d like to get involved in more than one way, please feel free to reach out to me at nsears@cordelllaw.com so I can give you information on how to get involved. All 2018 sponsors will be recognized in the Tulsa Lawyer Magazine as being totally awesome people with generous hearts (so let me know if you would prefer your donation to remain anonymous). Let’s show our Tulsa area children in need that they are not forgotten. Please join us and let’s make the 2018 Holiday Challenge a huge success! Natalie Sears
Tulsa Lawyer 5
2018 Survey Results for Judicial Elections November 6, 2018 General Election By Ned Dismukes & Michael P. Taubman
EDITOR’S NOTE – Many of the responses here were first printed in our June 2018 issue ahead of the primary races for those contests that had more than 2 candidates. The results here have been culled down to those races appearing on the November general election ballot. For the Judicial Survey, the respondents were contacted via e-mail, using their email address registered with the Member Director on the Oklahoma Bar Association website. The survey was conducted online through SurveyMonkey.com. The results published below are the responses of candidates who will appear on the November general election ballot. Responses are published in the order received for each race. For reference, the questions employed in the survey were as follows:
VOTE NOVEMBER 6, 2018 6 Tulsa Lawyer
Q1: Q2: Q3: Q4:
Current Occupation &/or Position Held? Law degree(s) from which institution(s)? Years in the practice of law? If you answered above that you are currently a Judge, for which docket(s) do you have responsibility? Otherwise if you are are not a Judge, what area(s) do you focus on in your practice? Q5: Civic involvement and community service related activities you regularly participate with in serving others? Q6: Briefly describe the topic areas in which you regularly teach, lecture, or publish in regard to the practice of law or another subject area. Q7: Good management skills are important in order to be productive administrators of the court. What strengths will you rely upon to manage the court's docket and proceedings in the courtroom if elected or re-elected? Q8: When considering the future of our judicial system, what changes would you advocate to see and why? Q9: Please describe the key attributes you bring to the bench that you believe are important in the role of judge. Can you give an example of when you employed these attributes to successfully resolve a conflict? Q10: Numerically describe below your work in terms of the percentage that is devoted to or total number of cases conducted, as asked to respond: 1 Civil litigation? Criminal litigation? Arbitration / Mediation? Number of cases tried to verdict? Number of cases tried to juries? If you are currently a judge, number of bench trials conducted? If you are currently a judge, number of jury trials conducted?
% % % # # # #
Any answer to a sub-part of Question 10 where a respondent entered “0” has been stricken from publication for space considerations. 1
District 14, Office 1 - Judge Caroline Wall
District 14, Office 1 – Tom Sawyer
Q1: Q2: Q3: Q4:
Q1: Q2: Q3: Q4: Q5:
Judge, Tulsa County District Court Loyola University of Chicago 20+ years I'm assigned a civil docket, and I have 4 years of experience in the civil division. I served as Chief of Civil Division 2017. Previously, I served as Chief of Criminal Division, and I have 4 years of felony district court judicial experience. Q5: Please see www.judgewall.com for more information. I am a lifelong community volunteer, focusing on faith, families, women, children, education and veterans. Some examples of organizations are: Girl Scouts, Juliette Low Leadership Society, Resonance Center for Women Board Member, Downtown Rotary Club of Tulsa, Federalist Society, Marine Corps League, Junior League of Tulsa, First Methodist Church of Tulsa, Catholic Charities. Q6: Civil Discovery, Procedure and Disputes. Mentoring: actively engaged in mentoring law students; Public speaking on Constitutional Issues, Jury Trials, and the Oklahoma Judicial System. Q7: Over eight (8) years of District Court Judicial experience in Civil and Felony Division has allowed me to develop and refine practices in maintaining the stability, consistency and efficiency of docket management, motion practice and interpersonal skills, dealing with both juries and members of the bar. Q8: As a sitting Judge, I apply the law as enacted. Under my oath of office, I cannot advocate for specific changes that may impact cases and controversies that may come before me. Q9: Judicial demeanor; Control of the courtroom; Promoting civility in litigation; Docket management; reading briefs; oral argument; setting motion dockets. I started setting motion dockets at the request of senior attorneys to provide new lawyers the opportunity to improve their practical skills through indirect mentoring. Participation in motion practice serves a tool for learning from more seasoned practitioners through direct observation and engagement. Q10: Responses: Civil litigation? If you are currently a judge, number of bench trials conducted? If you are currently a judge, number of jury trials conducted?
100% 5 100
Learn more about voting at https://www.tulsacounty.org/ Tulsacounty/electionboard.aspx
Attorney - Government or Public Service Loyola Law School, Los Angeles 10-14 years Criminal Prosecution I support a variety of charitable organizations each year. The organizations regularly support are the Tulsa Zoo and Crisis Pregnancy Outreach. I also spend time is spent being actively involved in my three children's school and sport activities. Additionally, I am an engaged member of my church. Q6: Although I don't regularly teach, lecture, or publish articles, I avidly study the law to ensure I know it, understand and up on the latest ruling and new statutes. Q7: I feel I am qualified due to my ability to make making fair and swift decisions. Through my professional experiences of our currently docket system I am able to acknowledge the issues and do my due diligence to improve the performance of all areas to ensure is runs smoother and more efficiently. Q8: I’ve worked in both the private and the public sector. I have built a reputation on honest work, integrity and knowledge in my field. I respect the law and the constitution and believe it should be upheld without emotion. I'd advocate fairness in the judicial process to ensure all participants rights are protected. Q9: Though I show qualities of firmness, compassion and understanding, my biggest attribute is self-awareness. My open-mindedness and humility help me to recognize when not to be swayed by my emotions and uphold the ethical responsibility it takes to a fair judge. Q10: Responses: Civil litigation? Number of cases tried to verdict? Number of cases tried to juries?
100% 1 10
Early voting for the November 6 election: Thursday, November 1 & Friday November 2 8 a.m. to 6 p.m. Saturday November 3 9 a.m. to 2 p.m. Tulsa County Election Board 555 N. Denver Hardesty Library 8316 E 93rd St.
District 14, Office 2 – Blake Shipley Q1: Attorney - Private Practice Q2: The University of Tulsa Q3: 5-9 Q4: Criminal Law Q5: Social justice is important to me. I have volunteered for the Youth Philanthropy Initiative, Growing Together, and Mental Health Association Oklahoma. I have also served Up With Trees and local political campaigns to enhance my community. Q6: I volunteer as a guest speaker on the topic of negotiation, which I have studied both in my legal practice and while earning an MBA. Q7: In my previous roles as an Assistant District Attorney and Assistant Public Defender, the high volume of cases forced me to learn time management and docket management skills. Like the role of judge, these positions required an ability to quickly triage cases and dedicate time and energy where it will be most fruitful. I was able to succeed in these roles because of my work ethic and willingness to keep learning. There just isn’t a substitute for work ethic in a high volume position because some time periods are unavoidably grueling. As you get better at the process of sorting and prioritizing, the work gets more and more efficient. Q8: I am interested in getting non-violent offenders out of jail quicker and increasing success on probation. It is important to use jail beds for criminals who are violent as opposed to impoverished. Incarcerating non-violent offenders is an unnecessary tax expense, it wastes human capital, and it isn't the right thing to do on a human level. The law reflects this by prohibiting punitive bonds. Also, I would advocate for more resources to help nonviolent offenders succeed on probation and alternative programs in order to avoid incarceration and repeat offending. People are realizing that money spent on rehabilitation is well invested because of the high cost of incarceration, but there’s also an economic benefit to having more people out working and consuming. Q9: I am highly analytical and I enjoy the challenge of understanding the perspectives and motivations of others. While serving Tulsa County as an Assistant Public Defender, I had a client who was very intelligent and eager to improve his life but who also happened to face great challenges as a teenager experiencing homelessness. As an office we strove to keep in touch with him while he was out of custody, despite his lack of a reliable phone number or address. We also helped him with rides to court. We were able to get him into an alternative program where he worked hard to reach a successful outcome. It was important for him to have a structured environment and a roof over his 8 Tulsa Lawyer
head, but once these basic elements were in place he was able to accomplish goals and set an example for others. More and more, attorneys and judges will need to understand what alternative programs are available to clients and what personality types will be likely to succeed in different settings. Q10: Responses: Arbitration / Mediation? Number of cases tried to verdict? Number of cases tried to juries?
1% 30 20
District 14, Office 2 – Judge Sharon Holmes 2
District 14, Office 3 – Judge James M. Caputo Q1: Q2: Q3: Q4: Q5:
Judge, Tulsa County District Court University of Tulsa 15-19 years Criminal Felony Docket Legally Pink; Special Olympics Q6: Constitutional Law Q7: I have developed a very successful docket management allowing both defendants and litigators opportunity to move cases satisfactorily through the system. Q8: More diversion programs for male offenders Q9: I read all pleadings, give litigants the opportunity to be heard, be familiar with the law and make expeditious decisions Q10: Responses: Civil litigation? Criminal litigation? Number of cases tried to verdict? Number of cases tried to juries? If you are currently a judge, number of bench trials conducted? If you are currently a judge, number of jury trials conducted?
2
Judge Holmes responses were not received.
20% 80% 120 112 6 112
District 14, Office 3 – Tracy Priddy Q1: Q2: Q3: Q4: .Q5:
Q6: Q7:
Q8:
Q9:
Attorney - Private Practice University of Tulsa College of Law 20+ years I practice in the area of civil litigation and trials including personal and catastrophic injuries, damage to property and professional liability. I am an active member and volunteer at South Tulsa Baptist Church serving on the hospitality committee, participating in missions and volunteering at the Ministry Center in west Tulsa. I served as the chair of the acquisition committee for the annual dinner auction for the Jenks Public Schools Foundation. I was the parent representative for Jenks girls 7th grade volleyball team last fall and member of the Jenks Volleyball Booster Club participating in fundraising activities. I have presented on topics related to civil litigation including the use of social media in civil cases and the use of medical records in personal injury cases. I am a proponent of getting things done and moving matters along. As a trial attorney, efficient and decisive case management is required. This is accomplished by identifying the direction and strategy of the case at the beginning and setting goals for task completion through final disposition. Formulating and working within a budget is an essential function of my practice and a valuable skill for a productive administrator. Working well with others and showing respect for those you work with and those you oppose are also important skills I will bring to the bench. Finally, I have always been willing to take the time to mentor other attorneys I work with and also Iearn new and better practices from others which leads to successful results for clients. The judicial system is designed to serve a vital public function and I believe the public deserves to have trust and confidence that the system is going to serve the ends of a timely and just result. I would like to see the judicial system continue in its efforts to be more effective and efficient in disposing cases through the use of alternative solutions to incarceration and methods of resolving disputes, integrating current and helpful technology and training employees to better perform their particular jobs. When alternative solutions, updated technology and efficient human capital can direct matters to early disposition, judges can focus efforts on matters that must be resolved through litigation and trial. When judges are allowed to devote the time and resources to be more engaged in the discovery and trial process of certain cases, the result is going to be just, fair and more timely for all involved. Integrity, temperament and work ethic are three key attributes that are important to the role of judge.
Endeavoring to do the right thing in a professional and diligent manner each and every day will circumvent most conflict or result in quick resolution of conflict should it arise. On my desk is small clipping of Rule 1.1.2 of the Rules for Professional Conduct which states in part, "a lawyer's word should be his or her
bond. We will not knowingly misstate, distort or improperly exaggerate any fact, opinion or legal authority, and will not improperly permit our silence or inaction to mislead anyone." This standard should guide all dealings for lawyers and judges. Coupled with good communication skills and respect for all people will result in the successful handling of any potential conflict. Although not a specific single example, I enjoy a reputation as a successful litigator within the legal community. I have encountered conflict at times due to the nature of litigation, but have been able to resolve most conflicts without the need for court intervention or ongoing problems with opposing counsel because I adhere to this standard of conduct, utilize appropriate temperament and work hard to prepare and resolve my cases.
Q10: Responses:
Civil litigation? Criminal litigation? Number of cases tried to verdict? Number of cases tried to juries?
75% 25% 80 65
attention
TCBA Young Lawyer Members! Do you have thoughts or ideas on what activities the YLD should do?
Contact
Natalie Sears
at nsears@cordelllaw.com Tulsa Lawyer 9
District 14, Office 9 – Chris Brecht
District 14, Office 9 – Judge Linda Morrissey
Q1: Attorney - Private Practice Q2: Juris Doctorate, University of Tulsa, College of Law Q3: 5-9 Q4: Adoptions, family law, appellate advocacy, workers' compensation, insurance/bad faith defense.Q5: Oklahomans for Equality (Board of Directors); Tulsa CARES (Board of Directors); Vizavance, formerly Prevent Blindness Oklahoma (Sip for Sight, CoChair). Q6: Child custody matters in both family law and adoptions. Q7: Good organization and time management skills are a must; however, I find that actual adherence to the same set of rules for everyone solves many problems too. Too often, the same issue is treated differently, depending on the lawyers arguing it. We should be applying the legal rules and procedures equally across the board. Q8: I would like to see us implement deadlines for judges, the same as we do for lawyers. For example, dispositive motions must be decided within so many days after all parties have fully briefed and submitted the issues. I would also like to see the county even better utilize advancing technology to settle discovery and other litigation disputes that so frequently take up the parties' time and money. Q9: An unbiased perspective, a respect for all persons in the courtroom from defendants to counsel, calm demeanor, tenacious pursuit of the right answer, firm adherence to principle over politics, an ability to research the law and articulately present its findings. I firmly believe my daily practice is an example of some or all of these attributes, from defending the indigent in criminal and adoption matters, to advocating for children, to representing my clients (both individuals and corporations) on appellate matters. Q10: Responses:
Q1: Judge, Tulsa County District Court Q2: Oklahoma Q3: 20+ Q4: Civil Q5: TU Externship program, Mentoring, Lecturing civic groups on a variety of topics, working on the OBA Civil Procedure Committee to facilitate enactment of the Discovery Master legislation. Q6: Probate, Civil Procedure, Discovery Issues Q7: I regularly monitor each of my cases to be sure they are moving through the system efficiently. I issue written decisions in order to inform the litigants and attorneys the basis for my decision. I endeavor to sign orders, judgments and other documents the same day they are presented. I have implemented a case management system that has allowed me to reduce a pending caseload of almost 1000 cases when I took over the docket to fewer than 500 cases. I have fewer than a dozen pending motions awaiting a decision. I am highly organized and attend to every case as expeditiously as possible without compromising the need for thorough consideration and analysis of the pending issues. It is very important to me that every lawyer and litigant is treated with respect and courtesy. Nothing sits in our in-box more than a couple hours. We process the matters presented expeditiously. Q8: More uniformity in the management of cases so lawyers and litigants know what to expect on the dockets. Q9: 22 years of experience presiding over every type of case presented in the courthouse, 3 years as a staff attorney at the Court of Civil Appeals, 11 years practicing law, organizational skills, patience, courtesy, respect for all, fairness, allowing lawyers to present their cases as they desire without micromanaging, even-tempered, compassionate, firm as needed, and accommodating. I regularly encourage litigants to utilize mediation and arbitration minimize the cost and time demands of litigation and allow the parties to reach finality in their dispute so people can get on with their lives. Q10: Responses:
Civil litigation? Criminal litigation? Arbitration / Mediation Number of cases tried to verdict? Number of cases tried to juries?
95% 5% 20% 20 20
Check out www.tulsabar.com 10 Tulsa Lawyer
Civil litigation? Criminal litigation? Number of cases tried to verdict? Number of cases tried to juries? If you are currently a judge, number of bench trials conducted? If you are currently a judge, number of jury trials conducted?
95% 5% 5000 150 5000 150
District 14, Office 12 – Rick D. Westcott Q1: Q2: Q3: Q4: Q5: Q6:
Attorney – Private Practice University of Tulsa 20+ years *Respondent skipped this question* Sand Springs Pogue Airport Advisory Board In the past, I've written the curriculum for the Pre-Law program at ORU and taught American Constitutional Law, Criminal Procedure, American Jurisprudence, Civil Liberties and Civil Rights, American Government and American History. Q7: Experience as the Coordinator of the Government Department at ORU, managing other Professors and their classes, nine years experience as a solopractitioner managing an insurance defense practice. Q8: Our judicial system works well, I don't think the system needs major changes. Individual judges must make sure they properly manage their own dockets, that they are fully briefed on all cases before calling a motion docket. Q9: I served six years on the Tulsa City Council and managed conflicting opinions on a daily basis, listening to all sides and reaching decisions that were in the best interests of all citizens. I helped make decisions on issues from small neighborhood zoning issues to properly allocating hundreds of millions of dollars in the city budget. I've handled approximately 30 jury trials in my practice. I've written and taught
university classes on American Constitutional Law and Criminal Procedure. Q10: Responses: Civil litigation? Number of cases tried to verdict? Number of cases tried to juries?
100% 30 30
District 14, Office 12 – Judge Martha Rupp Carter 3 Q1: Q2: Q3: Q4:
Judge, Tulsa County District Court University of Oklahoma, College of Law 20+ years Since June 2017, I conduct the Protective Order docket. I have served four other dockets during my tenure as a Special Judge, Family, Small Civil, and Preliminary Hearings. Q5: For the last four or five years, my civic involvement and community service activities originate through the Law Day Committee of the Tulsa County Bar Foundation. Over the years, I have conducted The Three Bears v. Gold E. Locks mock trial for various elementary school students. Attorneys and court staff play the roles and student "jurors" are selected to deliberate on whether or not Gold E. Locks used good manners. This year, the mock trial was performed for three third grade classes of Elliott Elementary School
Tulsa Lawyer 11
Q6:
Q7:
Q8:
Q9:
for about 65 students. I volunteer in civics classroom programs, most recently in Owasso High School. Over a period of years, I have also volunteer with the Community Outreach Committee at the Community Food Bank and the Day Center for the Homeless in addition on various committees of the Tulsa County Bar Association. During my service as City Attorney for the City of Tulsa and in the Legal Department, I wrote articles and lectured on a number of topics related to local government legal issues, including client confidentiality, open records, open public meetings, records retention, and attorney fees in civil rights litigation. I have made presentations to the Oklahoma Association of Municipal Attorneys, the Oklahoma Bar Association and the Tulsa County Bar Association for continuing legal education programs. The Oklahoma Bar Journal published articles that I researched and wrote on public health topics including public health powers in emergency planning. I programmed and facilitated a day-long seminar for the Oklahoma Bar Association on various public health issues, drawing upon a number of other speakers. I am one of four authors of a book published on history of attorneys in Tulsa over one hundred years for the centennial celebration of the Tulsa County Bar Association titled Building Tulsa, Lawyers at Work. As a judge, I daily draw upon my curiosity to understand the facts presented and to understand and apply the law that applies to those facts. As my present docket is often large and my courtroom full, often with litigants who are representing themselves, I also draw upon patience and compassion to treat everyone fairly while also moving their cases efficiently so that everyone can be heard. This is a daily balance to attain. A judge must provide a fair hearing while being efficient to manage and handle the entire docket. My years of judicial service have allowed me to develop necessary skills to do this. I rely upon skills of courtesy, respect, diligence, control of myself and the courtroom, dedication and timely decision making. I believe the Court should dedicate more resources to dockets such as Small Claims, Guardianships, and Protective Orders. Many pro se, unrepresented, persons appear on these dockets and the numbers of cases on these dockets are high and significant. For some, this may be their only court experience. Access to justice is a murky path for these individuals. Their lack of understanding of the legal process and the difficulties they encounter can create a lack of confidence in the judicial system. I am curious and have become a good listener, observer. and thinker in considering the cases before me. In addition, I am a hard worker, putting in the hours and sometimes extra hours needed to do the work. I am dedicated to finding the correct solution. I am calm,
respectful, and also firm when necessary in dealing with attorneys and parties before me. I daily use these skills on my docket, at present the Protective Order docket. Often the persons before me are traumatized and stressed. Some are not well suited because of that stress to present their cases. I resolve those cases as fairly as possible with careful listening and observation of both parties as well as striving to understand their situations with follow-up and guiding questions. I use these attributes every day in handling every case I hear.
Q10: Responses:
Civil litigation? Criminal litigation? Arbitration / Mediation Number of cases tried to verdict? Number of cases tried to juries? If you are currently a judge, number of bench trials conducted? If you are currently a judge, number of jury trials conducted?
50% 50% 10% 100 15 700 15
Judge Carter’s responses were received before the Order for judicial reassignments was announced. She is now serving in the Juvenile Division courts.
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District 14, Associate Judge – Judge Cliff Smith4 Q1: Q2: Q3: Q4:
Judge, Tulsa County District Court University of Kansas 20+ years Domestic Violence and Felony Domestic Preliminary Hearings Q5: St. Catherine, where my family attends, hosts a monthly Community Supper at no cost to attendees. It serves the entire west side community. Q6: I have taught several practical guides type CLE's for newer attorneys over the years. Q7: My primary strength is having efficiently managed a docket for nearly 20 years. Q8: More than ever, Judge's are mandated to consider a wide range of sentencing options that look beyond simple incarceration. Until these alternatives are made a priority for funding, they remain largely ideological rather than achievable goals. Q9: I am above all, a practical thinker. Having the patience to actively listen and understanding likely outcomes are essential attributes to conflict resolution. I have the advantage of a rather long track record which builds trust from the parties. I honestly can't count the number of times I've brought attorneys back to chambers, in the middle of a hearing, and brokered an agreed resolution. Q10: Responses: Civil litigation? Criminal litigation? Number of cases tried to verdict? Number of cases tried to juries? If you are currently a judge, number of bench trials conducted? If you are currently a judge, number of jury trials conducted?
100% 1000% 100 100 1000 50
District 14, Associate Judge – Brian Crain Q1: Q2: Q3: Q4: Q5:
Attorney - Private Practice University of Tulsa 20+ years *Respondent skipped this question* Former State Senator Rotary Club of Tulsa Tulsa Hispanic Chamber of Commerce Q6: Title, real property, trust and Probate Q7: Procedurally, a judge must recognize that the work will always continue to come before him. He has an obligation to review the pleadings and render his decision in a timely manner so that the case may proceed. Don't allow a matter to be delayed is an important management skill for any judge. Q8: The method by which information is passed today is moving from the written word to that provided orally via video. In response to that, I would advocate that we explore access to the courtroom via video. Obviously, that will require a list of restrictions and conditions. However, I believe that the access to the courthouse be the average citizen would be enhanced by such an change. Q9: During my years in the Senate, most of my time was spent reading in preparation and research on pending legislation. This allowed me to be well informed on those issues which concerned Tulsa County and the direction of our State. Unfortunately, this is a long held habit and not one which lends itself to examples. However, such effort led me to be an advocate or an opponent of measures for no other reason than I had a firm grasp of the issue. Q10: Responses: Civil litigation? Criminal litigation? Arbitration / Mediation? Number of cases tried to verdict? Number of cases tried to juries?
90% 5% 5% 25 5
Judge Smith’s responses were received before the Order for judicial reassignments was announced. He is now serving in the Family and Domestic Division courts on Docket A.
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October Trivia:
In October 1967, Thurgood Marshall was sworn in as the first African American Associate Justice of the Supreme Court of the United States. Serving from October 1967 until October 1991. Marshall was the Court's 96th justice.
Tulsa Lawyer 13
Second Annual Lawyers Against Pawverty
The Animal Law Committee’s Lawyers Against Pawverty brought in $3,200 to support Feeding the Pets of Tulsa’s Homeless this year. The fundraising efforts culminated in Eat Out for a Cause at Amelia’s Restaurant in the Brady District in conjunction with the Tulsa County Bar Foundation Community Outreach Committee.
Feeding the Pets of Tulsa’s Homeless is a donation-driven program run by Tulsa Animal Welfare Officers to help our city’s neediest citizens by providing food and basic necessities for the companion animals of Tulsa’s homeless. The program was started about five years ago by Tulsa Animal Welfare Officers who saw a need that was not being met in our community and decided to step in and offer assistance. They understand the importance of companion animals to the homeless. Pets provide protection, companionship and, most importantly, emotional stability. These animals are beloved family to the homeless. Volunteers go to Iron Gate every Wednesday morning and Night Lights every Thursday evening. They hand out about 6,000 pounds of pet food, and 10-20 collars and leashes each month. During the winter months, they also provide dog sweaters and blankets. FPTH relies entirely on donations to assist those pets in need. The group receives no grants or subsides to further its mission. A donation of $100 provides five 50 pound bags of dog food and will feed approximately 30 dogs for a week. To learn more about FPTH, check out its Facebook page.
TCBA members presented a $3,200 check to Feeding the Pets of Tulsa’s Homeless at Amelia’s Restaurant. Pictured are: Paul McTighe, Sherry Thompson, Katy Inhofe, Amelia Reeser (of Amelia’s), Paul Theriot, Ashley Webb and Deb Fite
Submitted by the Animal Law Committee
Tulsa Lawyer 15
Understanding the Purpose of Psychosexual Evaluations By Lauren Rich, LCSW
Every attorney involved in criminal cases inevitably encounters a client who’s accused of a sexual crime. Despite believability, it is one of the few crimes when the client is presumed guilty until proven innocent. Regardless of the attorney’s role in the case it is imperative that attorneys understand the purpose of psychosexual evaluations (PSE), which client is a good candidate for the PSE, when they should be administered, and who provides such evaluations. This article is a very brief summary of what PSEs entail and has been specifically written for attorneys who practice in Oklahoma and Arkansas. Prior to the “Me Too” movement, sexual offenses and deviance were defined in a more clinical or legal manner. However, recent events have broadened the catchment of PSEs and created a whirlwind of confusion for those who are not knowledgeable about the sex offender community. The term offender is of legal value, and has no clinical finding or value to practitioners regarding risk severity. Deviance is a “two-pronged” definition for sexually arousing behavior, meaning WHO or WHAT turns on the client? It is better explained by referencing the Diagnostic & Statistical Manual, vol. 5 (DSM-5). It’s the most current manual forensic examiners and mental health practitioners utilize for evaluating and diagnosing clients. Non-normative behaviors would include: exhibitionism, fetishes, pedophilia, sexual sadism and masochism and a host of other disorders and behaviors. The client may have specific populations or activities they find attractive such as adult men or women, teenagers, pre-pubescent 16 Tulsa Lawyer
children, or animals. The activities may be sadism, rape, or something that elicits sexual arousal (e.x. masturbating in the mall parking lot). Others may be more aroused by child pornography. The DSM-5 is difficult to decipher if one does not have a mental health background and should only be utilized by a licensed practitioner who is wellversed in evaluation and diagnostics. As always, search engines are not a reliable or accurate source of information for mental health concerns. Sexual addiction, sex crimes and convicted offenders are considered specialty populations. The leading organization that aids in research, public policy, practice and awareness is The Association for Treatment of Sexual Abusers (ATSA). PSEs are an all-inclusive assessment of biographical history, sexual relationships and practices, employment, education, and social involvement. The purpose of a PSE is to answer the questions how likely is a subject to re-offend, and what are the conditions that would increase that likelihood? A forensic practitioner does not necessarily need to possess any particular license, but the most exceptional practitioners have experience in forensic treatment, certifications, and extensive knowledge in the tools they utilize in administering a PSE. Neither Oklahoma nor Arkansas require licensure or certification for sex offender treatment. Consequently, screening practitioners is pertinent to the case and a client’s defense. Practitioners should be aware of the ATSA guidelines that dictate best-practices regarding sex offender evaluation and treatment. Evaluations should include self-report
measures, actuarial risk, and structured clinical judgement aiding in the reduction of bias and experiential opinion. Counsel should always ask the expert how the evaluation is formatted and why the expert chose that particular format. Superior PSEs contain a battery of tools of a broad variety. Some tools are considered general psychological tools and others are tailored to sex-offense behaviors. Actuarial tools are designed to look at two major groups of risk factors: static and dynamic/acute risk factors based on the Risk-Need-Responsivity model. Other assessments include the Adult Assessment of Sexual Interest-3, Personality Assessment Inventory, Multiphasic Inventory II, Static-99R, Stable-2007, Clarke Sexual History Questionnaire, and many others. Collectively, PSEs may aid in identifying which level of registration is appropriate, inpatient or outpatient mental health treatment, and strengths of the client to reduce recidivism. Further, PSEs also evaluate for weaknesses or distorted thoughts such as denial, minimization, inappropriate sexual fantasies, and justifying their sexual harm of others. An example of this would be, “I didn’t create the child pornography, I’m not hurting anyone by just looking.” PSEs can be a valuable asset for negotiations or resolutions of sexual offense specific crimes. Prior to a conviction an evaluation can be utilized to reach agreeable plea deals, reduce charges, or establish other means of punishment within the Containment Model. Post-conviction evaluations are mandated by courts in various state. Unfortunately, Oklahoma does not endorse such practices and outcomes can vary by county. It is the attorney’s job to understand the process, educate the client on his or her options, and proper application of a psychosexual evaluation. Those who openly admit to committing their alleged crime are the very best candidates, as this enables a more open process for the client and evaluator. Those clients who have been convicted but are awaiting sentencing are also excellent candidates. Most of the tools utilized for risk and recidivism are created from an “offender only” research pool. By not having a formal conviction the evaluator is applying a mold to a person, and this should be communicated as such to those involved. The clinician should work for the trier of fact and only the trier of fact, and never make recommendations or speculate to the client’s innocence or guilt. Equally, an attorney should never ask a forensic practitioner to do so, nor to edit or omit their opinion. ATSA considers this to be a violation
of ethical principles due to the obvious limitations of assessments and their evaluators. Furthermore, if the attorney is representing or charging an adolescent, a developmentally delayed person, or a female they’ll want to clarify with the clinician if they are able to evaluate special populations. It may sound ridiculous, but the tools utilized come from a large adult male-only population, resulting in fewer options when evaluating adolescents, women, and those who have cognitive delays. Actuarial tools may require a formal conviction in order to be employed, and will be considered invalid if used improperly. Sentencing is a three-fold process of punishment, rehabilitation, and safety of the public. While some may agree that punishment and rehabilitation are both appropriate others may be more concerned about those the public should be afraid of instead of those they are mad at. The cost of incarceration has not deterred judges or juries from lengthy prison sentences, but it is possible educating them on the value of PSEs could influence future decisions. Beginning in 2019, Oklahoma will have an ATSA chapter in an effort to educate the public, influence policy for the better, and provide all those involved with the proper resources needed to make more informed decisions. Look for more information to come regarding Oklahoma ATSA in future issues.
Lauren Rich is the Owner of Rich Consulting LLC, a forensic mental health practice located in Muskogee, OK. She is a Licensed Clinical Social Worker in Arkansas and Oklahoma, and has both a B.A. and Master’s in Social Work. Her practice includes general mental health psychotherapy, trauma f o c u s e d t re a t m e n t , sexual addictions and sex offender evaluation and treatment. She is a Clinically Certified Sex Offender Treatment Specialist and facilitates a federal treatment group for the U.S. Probation Office. Tulsa Lawyer 17
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Limited Space Available, Register Today REGISTER ONLINE AT: WWW.TULSABAR.COM TULSA COUNTY BAR ASSOCIATION 1446 S BOSTON AVE TULSA, OK 74119-3612
QUESTIONS? CONTACT TAMI WILLIAMS (918) 584-5243 EXT. 223
• All courses are available to Audit (no CLE credit). Non-Member Audit Rates: 1.0-3.0 HRS = $5; 4.0+ HRS = $10. Pre-Registration is required for auditing • Complete Seminar Titles, Speakers, and Agendas to Be Announced & Emailed. • Materials will be emailed to pre-registered participants before the seminar. Paper copies will not be provided. • If a meal is provided extra costs may be incurred. • Students are welcome to attend. Pre-Registration is required. • REFUNDS ISSUSED ONLY IF REQUESTED 24-HOURS PRIOR TO START OF SEMINAR
*
The Stress Management Workshop includes three separate one-hour courses. Registration is required, and attendees are expected to attend all three sessions. NON-MEMBER RATES
TCBA CLE IS FREE TO MEMBERS!
1.0 HR $50 2.0 HR $75 3.0 HR $100 4.0 HR $125
5.0 HR $150 6.0 HR $175 7.0 HR $200 Tulsa Lawyer 19
TCBA & TCBF
Annual Meeting & Awards Banquet Thursday ~ August 23, 2018
20 Tulsa Lawyer
You Don’t Know What You’ve Got ‘Till It’s Gone-
OBA Annual Meeting Don't it always seem to go That you don't know what you've got ' Till it's gone… (They paved paradise And put up a parking lot) Joni Mitchell “Big Yellow Taxi” (1970)
How often do you notice the absence of something only after it is has disappeared? When Riverside Drive into downtown was closed to allow for the construction of The Gathering Place, did you find yourself reminiscing about the once-scenic drive then blocked from daily travel? As the song lyrics warn us “you don’t know what you’ve got ‘till it’s gone”. Our OBA Annual Meeting returns to the Hyatt Regency Tulsa on November 7th -9th . For some attorneys, OBA Annual Meeting is a must-attend event each year, regardless if the meeting is held in Tulsa
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- Kimberly Hays, 2018 OBA President or in Oklahoma City. Other attorneys are selective in attendance based on the city or convenience of the dates or programing. The selection of the location for OBA Annual Meeting depends on several factors, including the decision by the current OBA President, the anticipated attendance in a city and the expense associated with the location. My decision to hold our OBA Annual Meeting in Tulsa was influenced by my belief that it is important to offer the numerous advantages of the Annual Meeting to the attorneys in “our part” of the State during some years. I recognize that for many Tulsa attorneys, the desire to attend Annual Meeting is driven primarily by the convenience of being able to come and go to OBA events and then return to home or the office. I share this information with fellow Tulsa County Bar Association member for the purpose of ensuring that the Tulsa OBA Annual Meeting does not one day become the song lyrics “you don’t know what you’ve got ‘till it’s gone”. Straight to the point- Attorneys must take action in 2018 that will ensure future OBA Annual Meetings return to Tulsa. ACTION = REGISTER and
ATTEND THE 2018 OBA ANNUAL MEETING! Historically, the Tulsa attendance numbers (measured by paid registrations, CLE attendance, event ticket purchases and Section and Committee meetings attendance) are less than when we meet in Oklahoma City. This letter is my OBA Annual Meeting “call to arms”, my gentle nudge and finally, my unabashed plea for Tulsa area attorneys to step up, sign up and show up. Registration cost is $75 before October 14th ($100 after October 14th) and new members sworn in during 2018 have no cost before October 14th ($25 after October 14th). Your registration earns you (in addition to my undying gratitude) a conference gift, attendance to the Wednesday evening President’s Reception and Thursday evening 80’s themed social event “Kim & Alan’s House Party”- both held in the Hyatt Regency Tulsa Hotel. You also receive a discount on the Annual Luncheon tickets and a discount on the CLE courses, this year focusing on the emerging issues related to medical marijuana and cyber security. Detailed information for all events and registration visit http://www.okbar.org/ annualmeeting/ If you have never attended OBA Annual Meeting, or it has been “a few years”, make a change
in 2018. The opportunity to visit with fellow attorneys and Judges from around our state, the informative CLE, hospitality suites, luncheon events, OBA awards presentations, and the important business of the association during our General Assembly and House of Delegates are all reasons to attend. Even if you can only attend a portion of the events, please take action and encourage others to take action by registering and attending. Finally, please accept this invitation to attend the Thursday, November 8th evening social event, Kim & Alan’s House Party. This ‘80s-themed event will include food, drinks and dancing to your favorite throwback songs from the decade that brought you MTV and parachute pants. 80’s attire isn’t required, but don’t be afraid to bring your best 80s style! Co-hosted by the OBA and OBF; sponsored by OBA sections. Admission is free to all, no Annual Meeting registration required. Send a few photos of yourself from the ‘80s to Laura Stone at lauras@ okbar.org and these will be included in the evening’s slide show. I thank you for your support and I look forward to seeing each of you during the 2018 OBA Annual meeting.
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Health Resources Lawyers Helping Lawyers Free 24 Hr. Assistance
• 1-800-364-7886 • Monthly Discussion Groups/Topics • Drugs, aclcohol, depression, stress, relatoinship management, gambling • https://www.okbar.org/lhl/
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1-800-273-TALK (8255) National, Toll-Free, 24 Hours
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American Cancer Society ® www.cancer.org Cancer awareness and resouces.
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Visit these resources to find out more about heatlh, illnesses, detection & prevention!
@tulsabar
26 Tulsa Lawyer
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The Use of Psycho-Sexual Evaluations:
A Sticky Thicket By Edward G. Lindsey
The primary role of a lawyer is to advocate for his client. All too often, attorneys mistakenly believe they must get to the truth about a client and rehabilitate or fix them. Zealous advocacy is only what is owed insofar as it is done within the ethical teachings of The Oklahoma Rules of Professional Responsibility. Attorneys must realize not all problems can be solved; likewise, not all people can be rehabilitated. Even for those who can be helped, timing is the key to when such assistance must be sought. The sooner lawyers recognize the limited scope of their engagement, the better. As a young lawyer, nearly (20) twenty years ago, I created a sticky thicket for myself in the use of a Psycho-Sexual Evaluation (PSE). An elderly couple called and insisted on an immediate Saturday morning meeting at my office. They believed they were about to be charged criminally. As the conference began, the man broke down and relayed this was all his “fault”, not his wife’s. Having no idea what he was talking about, I reassured him there were few problems which could not be solved without a thoughtful plan, and everything he and his wife told me would be in confidence. Little did I know what I was about to hear.
He was seventy (70) years old, blind and impotent. He had seven (7) grandsons, aged 17 to 35. His wife, their sixty (60) year-old step-grandmother, engaged in sexually grooming each grandson by “teaching” the boys about sex. The abuse began at the age of twelve (12) by kissing, next fondling, to oral sex then culminating to full intercourse with each boy at about the age of fourteen (14). Grandfather would be in the room sitting next to them on the bed. He claimed to be stimulated by the sounds and smells of the encounters. The couple believed the youngest victim recently told his parents, and they were soon to be discovered. Repulsed, I quoted an enormous retainer for me at the time hoping they would just go away. Instead, I was paid on the spot. Convinced they were soon to face criminal charges, and, to mitigate their crimes, I referred them for a PSE. This was a mistake of epic proportions. The PhD psychologist who evaluated them found a dark history of their own victimization; a resultant lifetime of sexual deviancy; and the longtime perpetration of sexual abuse on children and grandchildren. He prescribed a treatment regimen including individual counseling, group therapy, polygraph testing and some other like remedies akin to those in A Clockwork Orange. The report was both fascinating and disturbing much like the Stanley Kubrick classic movie. There was a hitch, as I soon discovered... the psychologist was duty bound to make a report to the Department of Human Services regarding the sexual abuse of minor children. At this point, I did not know if DHS or law enforcement was involved. I just assumed they were notified because of the severity of the crimes. I pleaded with the good doctor he was part of the attorney-work product doctrine; therefore, I believe him to be cloaked with my duty of confidentiality to my clients. He persisted in his position, reporting them to DHS.
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He was right, and I was wrong. My eagerness to A PSE is not useful in the following: get my clients evaluated potentially caused them to be • Assessing guilt or innocence; investigated of the very crimes I was hired to defend. Essentially, my duty of confidentiality was blown. • Testing the credibility of allegations; or The law at the time was found at 10 O.S. § 7103, • Assisting the defense attorney in pre-charge The Oklahoma Child Abuse Reporting and Prevention investigations with law enforcement or Act. It is now renumbered as 10A O.S. § 1-2-101. The DHS. Act requires “every person” to report an act of physical Most of the time, a PSE is ill advised, not needed or sexual abuse perpetrated upon a child under the age of 18. It also promulgates that no privilege or contract and may do harm to the client’s potential defense. will exempt the reporting requirement. To not report is a misdemeanor crime. In Jensen v. Poindexter, Okla., 352 P.3d 1201 (2015) the Court found an attorney had a duty to report an opposing party whom he suspected of child abuse under this statute. It is an unresolved question of law whether a lawyer has a duty to report past child abuse of his own client. Such a proposition would undermine the attorney-client privilege and likewise emasculate the Sixth Amendment right to counsel in cases of crimes against children. The psychologist reported. Surprisingly, the parties were never charged with a crime, and DHS took no action. My mistake caused no harm, and I was relieved that my erroneous interpretation about the attorney-work product doctrine was undiscovered. This is the sticky thicket regarding third party evaluations of any kind when issues of child physical or sexual abuse are involved. Other professionals are bound by different rules than lawyers. Zealous advocacy requires recognition of this fact. Use of those professionals must be taken cautiously, and the attorney should make a significant inquiry and investigation of what may and may not be protected under attorney-client confidentiality and the attorney-work product doctrine. Thus, a PSE’s use is limited to persuading a court, or a prosecutor, to mitigate a sentence or plea offer for a convicted or confessed abuser. The confessed abuser is more likely to respond to treatment than one who denies the allegations in the first place. Tulsa Lawyer takes the stress out of advertiing to a target audience! Distributed to all TCBA memberson a monthly basis! tulsabarnews@yahoo.com
Edward G. Lindsey is a 1992 graduate of the University of Tulsa College of Law. He is licensed to practice in both state and federal courts in Oklahoma and the United States Tenth Circuit of Appeals. His practice concentrates in the areas of serious criminal defense, civil litigation and family relations. He practices primarily in Tulsa and Northeast Oklahoma. Since 2006 Mr. LIndsey has been a visiting assistant professor of legal studies in business at Oklahoma State University. Tulsa Lawyer 29
Grapevine News
The TU Law Alumni Reunion welcomes all alumni and guests to attend free and fun events on Friday, November 2 and Saturday, November 3. The schedule includes a student-led tour of school and clinic, a CLE with retiring faculty, a “Party in The Pit” with update from Dean Entzeroth, a traditional tailgate and more. We will give special recognition to the classes ending in “8’s” and the 25th anniversary class of 1993 during TU Homecoming weekend. To register and for more information, please go to https:// lawalumni.utulsa.edu/reunion. Just a few days after the Reunion, the TU Alumni Awards Luncheon will be held on November 7 and will feature guest speaker and TU alumnus Ken Underwood. All TU Law alumni and guests are invited as alumni and students are honored. The cost of the luncheon is $40 per person and registration is available at https://www.okbar.org/annualmeeting.
based on an exhaustive peer-review evaluation. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.* The following Tulsa Crowe & Dunlevy lawyers were selected for inclusion in Best Lawyers (the year indicates the first year the attorney was listed):
GableGotwals is proud to announce that 59 of its attorneys have been named to the 2019 edition of Best Lawyers®, a highly respected peer-review publication in the legal profession. In addition, Best Lawyers® in America has name 11 GableGotwals attorneys to the 2019 “Lawyer of the Year” list. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peerreview assessments. Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity. GableGotwals Lawyer of the Year:
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Oklahoma City Dale E. Cottingham - Eminent Domain and Condemnation Law Robert G. McCampbell - Government Relations Practice Leo J. Portman - Corporate Law Tulsa Renee DeMoss - Litigation - ERISA LeAnn Drummond Ellis - Litigation - Trusts and Estates Jeffrey D. Hassell - Litigation - Banking and Finance Lloyd W. Landreth - Litigation - Environmental Graydon Dean Luthey, Jr. - Native American Law David B. McKinney - Health Care Law Todd A. Nelson - Litigation - Patent Sidney K. Swinson - Litigation - Bankruptcy Best Lawyers® has selected for inclusion 86 Crowe & Dunlevy attorneys in The Best Lawyers in America© 2019 publication in Oklahoma and Texas. More than half of the firm’s attorneys listed have been recognized for 10 or more years, and six of the firm’s attorneys have been listed in the guide every year since it first published in 1983. Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled
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Elliot P. Anderson (2018) Commercial Litigation Mark A. Craige (2009) Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Commercial Litigation, Litigation – Banking and Finance, Litigation – Bankruptcy, Mortgage Banking Foreclosure Law Shawn M. Dellegar (2017) Copyright Law, Litigation – Intellectual Property, Trademark Law Michael J. Gibbens (1999) Bet-the-Company Litigation, Commercial Litigation, Franchise Law, Litigation – Mergers and Acquisitions, Litigation – Securities Jeffrey T. Hills (2013) Banking and Finance Law, Corporate Law Craig W. Hoster (2013) Commercial Litigation Kayci B. Hughes (2013) Litigation – Bankruptcy Susan E. Huntsman (2016) Native American Law Gerald L. Jackson (2013) Commercial Litigation Mike McBride III (2007) Gaming Law, Native American Law Gary R. McSpadden (1995) Banking and Finance Law, Commercial Finance Law, Commercial Transactions/UCC Law, Equipment Finance Law, Financial Services Regulation Law, Litigation – Banking and Finance, Oil and Gas Law, Real Estate Law Victor E. Morgan (2007) Commercial Litigation, Litigation – Banking and Finance, Litigation – Real Estate Michael R. Pacewicz (2011) Employment Law – Management, Litigation – Bankruptcy Malcolm E. Rosser IV (2009) Construction Law, Eminent Domain and Condemnation Law, Land Use and Zoning Law, Litigation – Land Use and Zoning, Real Estate Law Stacy A. Schauvliege (2018) Native American Law Randall J. Snapp (2006) Employment Law – Management, Labor Law – Management, Litigation – Labor and Employment Terry L. Watt (2010) Copyright Law, Litigation – Intellectual Property, Patent Law, Trademark Law Madalene A. B. Witterholt (2008) Employment Law – Management, Litigation – Labor and Employment, Workers' Compensation Law – Employer
Crowe & Dunlevy attorney Jimmy K. Goodman was recently elected as secretary of the American Bar Foundation (ABF). He has served as its treasurer for the past two years, as a member of its board of directors since 2006 and was chair of the Fellows of the ABF in 2008-2009. As secretary, Goodman will help to coordinate and supervise several projects for the ABF, including funding and research. In addition, he will co-chair the 30th anniversary celebration of the ABF’s Summer Research Diversity Fellowship this fall in Chicago, Illinois. Tulsa Lawyer 31
Since 1973, Goodman has specialized in high-stakes business litigation, product claims and disputes involving tribal compacts, economic development, gaming enterprises and federal Indian law. He has tried cases before state, federal, bankruptcy and tribal courts representing individuals, small businesses and Native American Nations along with Fortune 500 companies. His varied practice has recently become concentrated in mediation, Indian law and gaming, and litigation. Goodman is a past president of Crowe & Dunlevy and has been president of the Oklahoma Bar Foundation and Oklahoma Bar Association, has represented Oklahoma American Bar Association (ABA) members in the ABA House of Delegates from 1995-2013, and served on the ABA Board of Governors from 2013-2016. He received his Juris Doctor from Stanford Law School and bachelor’s degree from the University of Oklahoma. The ABF is among the world's leading research institutes for the empirical and interdisciplinary study of law. An independent, nonprofit organization for more than 65 years, the ABF seeks to advance the understanding and improvement of law through research projects of unmatched scale and quality on the most pressing issues facing the legal system in the United States and the world. The ABF’s mission is to expand knowledge and advance justice through innovative, interdisciplinary, and rigorous empirical research on law, legal processes, and legal institutions.
Crowe & Dunlevy and firm attorney Cynda C. Ottaway have been ranked in Band 1, the highest ranking*, in international legal publisher Chambers & Partners’ 2018 High Net Worth (HNW) Guide. In Oklahoma, only Crowe & Dunlevy and Ottaway have been consecutively ranked in Band 1 since the inception of the HNW Guide. This year, the firm is one of three firms ranked in Band 1 in the state, and Ottaway is one of three attorneys ranked in Band 1 in private wealth law in Oklahoma. Based in Oklahoma City, Ottaway is chair of the firm’s Private Wealth & Closely-Held Business Practice Group and a member of the Taxation Practice Group. Her practice focuses on estate planning, trust and estate administration and litigation and planning for closely-held family businesses. She has experience in wealth transfer techniques and assists individuals and businesses with succession planning. Ottaway serves as past president of the American College of Trust and Estate Counsel, the leading trust and estate organization of peer-elected trust and estate lawyers. She received her Juris Doctor with honors from the University of Oklahoma College of Law and bachelor’s degree from the University of Oklahoma. Chambers & Partners also recently ranked Crowe & Dunlevy as the only firm to be ranked in all Oklahoma areas of legal practice and one of only two firms ranked in the Native American law area of legal practice in Oklahoma in its 2018 USA Directory. In total, 26 attorneys were honored as leaders in their respective practice areas.
Best Lawyers® recently recognized 19 Crowe & Dunlevy attorneys to its 2019 “Lawyer of the Year” awards in Oklahoma. According to the Best Lawyers publication, this recognition is given to honorees based on extremely high overall feedback regarding one lawyer within a specific practice area in a metropolitan region. Since it was first published in 1983, Best Lawyers has become regarded as a guide for recognizing legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.* The following Crowe & Dunlevy attorneys were named in the Best Lawyers 2019 “Lawyer of the Year” awards in their respective metropolitan areas: Oklahoma City Zachary W. Allen – Real Estate Law Harvey D. Ellis Jr. – Appellate Practice Richard C. Ford – Litigation – Insurance Jimmy K. Goodman – Litigation – Real Estate Joel W. Harmon – Mortgage Banking Foreclosure Law Michael S. Laird – Land Use and Zoning Law James W. Larimore – Commercial Transactions/UCC Law D. Kent Meyers – Litigation – Antitrust Judy Hamilton Morse – Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law Brooke S. Murphy – Mass Tort Litigation/Class Actions – Defendants David M. Sullivan – Copyright Law John M. Thompson – Litigation – Banking and Finance L. Mark Walker – Energy Regulatory Law Tulsa Mike McBride III – Gaming Law Gary R. McSpadden – Oil and Gas Law Victor E. Morgan – Litigation – Real Estate Malcolm E. Rosser IV – Construction Law Randall J. Snapp – Employment Law – Management Terry L. Watt – Copyright Law *Crowe & Dunlevy has no input in the rating methodologies used by Best Lawyers.
For the Thanksgiving Holiday the TCBA will be closing Nov. 21st at noon and remain closed Nov. 22nd & 23rd.
John Coffee Harris, III
Gary D. Underwood
Gary D. Underwood died on August 4, 2018 surrounded by family, friends and love. Born October 21, 1947, he lived life to the fullest. He was a skydiver, skin diver and trapeze flyer. He brought joy and enthusiasm to everything he did and to everyone he met. After graduating from the University of Tulsa Law School in 1978, Gary practiced family law for almost 40 years. He vigorously represented his clients and always took time to provide them with compassion and understanding during the most difficult of times. His clients remained life long friends. Gary had a passion for politics, social justice and the environment. He was a delegate to the 1980 Democratic Convention and served two terms as Chairman of the Tulsa County Democratic Party. In 1984 he brought Walter Mondale and Geraldine Ferraro to Tulsa for a fundraiser. It was a monumental event to have the first woman to run for a National Political Office in Tulsa with the Democratic Nominee for President. Gary loved vacations and was constantly planning the next one. He traveled the world with a special fondness for the Caribbean Beaches. His love for vacations was only exceeded by his infinite and eternal love for family and friends. He will be missed by many and never forgotten.
John Coffee Harris III was born on July 2, 1949 in Houston,TX to Mary Jane Graves and John Coffee Harris, Sr. The youngest child, he grew up in Houston with sisters Mary and Angela. He was a member of the swim team in high school and graduated from St. Thomas High School in Houston. He received his Bachelor’s degree from Angelo State University. Following college, he was a bank examiner. At one point, he worked on an oil rig in the ocean. He was a land man and various other positions within the oil and gas industry. In 1980, a career opportunity brought him to Tulsa, OK. He met Becky McKendrick in Tulsa and they were married until her passing in 2007. In 1991, he went back to school and graduated with his Juris Doctorate from the University of Tulsa, School of Law. He specialized in oil and gas law and criminal law. He did a lot of pro bono work for the court. He met his wife, Janet, in 2009 and they married in 2016. Much of his time was spent on the beach in Big Sur, California and the Monterrey/Carmel area nearby. His most special times were surrounded by family either in California, Texas or Oklahoma at holidays. He was a strong person who was a survivor, so full of life; and went above and beyond to help others and positively impact the world, whatever he did. He was preceded in death by: His parents, John Coffee Harris, Sr. and Mary Jane Graves and first wife, Becky. He is survived by his loving wife, Janet Harris; Sister Mary Harris Grimaldo and her husband Rogelio; childrenAngela Grimaldo and Christina Grimaldo-Worth; sister Angela Harris,Caughlin-Cannady and husband Will Cannady and their children Kelly Caughlin-Savukinas and husband, Robert Savukinas; their children-Anna, Rose and Stella, Melissa Caughlin-Marks and husband Jim Marks; their children George, Charlie and Jane. Tom Caughlin, wife Sarah and their children Parker and Harris; stepchildren Julie and husband William Dyson and their children Madelyn, Rachel and Reed; Kristi Mayopoulos husband Mike and their children Hannah and Hadley; and Andrea Mitchell and her daughtersLindsey and Lilli.A memorial service was held in John’s honor at 2 pm on Monday, August 27, and the Floral Haven Rose Chapel. Continued on next page...
Tulsa Lawyer 33
Sheila Ruth Bryant Brunton
Tulsa County Bar Auxillary President 2009-2011
Sheila Ruth Bryant Brunton died peacefully, on August 31st 2018, in Tulsa, OK, surrounded by her devoted husband of 36 years, Paul Brunton and several close friends. Born in Laurel, MS on September 13th, 1948 to Velma Louise Boyd and Frederick Funston Bryant, Sheila was raised on a red clay hill farm with her four older brothers, outside Benton, LA. After graduation from Airline High School in Bossier City, LA in 1966, she worked, modeled, traveled, and attended LSU. In 1970, she moved to Tulsa, OK, where she found a brilliant career as a realtor/ appraiser, lifelong friends, great times, much happiness, and the love of her life, Paul Brunton. Sheila is survived by her husband, Paul Daniel Brunton, brother Gil Bryant and wife Ellen, brother Mike Bryant, and eight nieces and nephews. She was preceded in death by her parents and twin brothers, Charles Edward and Frederick Paul Bryant. In lieu of flowers, donations may be made to the National Pancreatic Cancer Foundation, www.npcf.us or to the Tulsa Humane Society, www.tulsapets.com A Memorial Service was held Thursday, September 13th, 7:00 p.m., at St. Rita of Cascia Chapel ,Tulsa, OK.
From Tulsa Lawyer Magazine: The Tulsa County Bar Auxiliary was founded by Lorena M. Spillers and 30 spouses of TCBA members in 1954. The Auxiliary served as a volunteer support organization for the TCBA and the legal profession with membership open to spouses and widows/widowers of attorneys who were members in good standing of the legal profession. In the final Auxilary President letter written for Tulsa Lawyer when the Auxilary dissolved, Sheila said this as her closing statement...
"Farewell dear friends. I wish you joy, health, happiness and a Mega Lottery Win. I’ll be seeing you. ~ Sheila “B”, Pres!"
Thank you Sheila from everyone who was so fortunate to call you a friend. Sheila and I served in various capacities with the Tulsa County Bar Auxiliary for numerous years. She was always eager to make all the activities enjoyable and was most giving of her time to the Auxiliary. She and Paul were very generous with all of our events and supported every aspect of the organization. Sheila’s smile and joy will be greatly missed by everyone. ~Janet Gotwals
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