The Promulgator The Official Magazine of the Lafayette Bar Association
: E D I INS on
nt e m e t Sta the d n a e Justic aw L f o e Rul
hall of fame class of 2020 august 2020 | volume 33 | issue 4
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Association Board
Theodore Glenn Edwards, President Karen King, President-Elect Shannon Dartez, Secretary/Treasurer Maggie Simar, Imm. Past President John Swift, Foundation Chair Bart Bernard Paige Beyt Roya Boustany Carolyn Cole Robert David Claire Edwards Taylor Fontenot Kyle Gideon Kenneth Hebert McKinley James Robert Kallam Pat Magee Jason Matt Lindsay Meador Young Gregory Mier Gregory Moroux Joseph Oelkers Dan Panagiotis
Foundation Board
John Swift, Foundation Chair George D. Earnest III, Vice Chair Thomas R. Hightower, Jr., Imm. Past Chair Greg Tonore, Secretary/Treasurer Lindsay Meador Young, Pro Bono Advisory Chair
Dean Cole Larry Curtis Blake David Glenn Edwards Karen King Miles Matt John E. McElligott Kenny Oliver Pat Ottinger Maggie Simar
Editorial Committee Hallie Coreil, Editor Matt McConnell Chris Ortte Dwazendra Smith
OUR MISSION is to serve the profession, its members and the community by promoting professional excellence, respect for the rule of law and fellowship among attorneys and the court.
THE PROMULGATOR is the official magazine of the Lafayette Bar Association, and is published six times per year. The opinions expressed herein do not necessarily reflect the views of the Editorial Committee.
ON THE COVER
In this issue of The Promulgator, we recognize the 2020 Hall of Fame Honorees: Lester J. Gauthier, Jr., Marc W. Judice, Joseph R. Oelkers III, and Edwin G. Preis, Jr., as well as posthumous honorees: Honorable Jerome. E. Domengeaux, W. Gerald Gaudet, and Honorable John M. Shaw. Learn more about each honoree on page 10.
ARTICLES
President's Message..........................................................4 Executive Director's Message.....................................5 Access to Justice: Foundation News.....................6 Young Lawyers Section Update................................7 Statement: Justice and Rule of Law......................9 Cover Story: Hall of Fame 2020..................................10 Family Law Section Update.........................................12 The Bar Side.............................................................................18
FEATURES
Pro Bono Honor Roll..........................................................6 Trivia Question........................................................................14 Classifieds...................................................................................16 The Grapevine.........................................................................16 Top 10.............................................................................................17 Health & Wellness................................................................17
EVENTS
FLS BBQ......................................................................................12
Lafayette Bar Staff Pam Landaiche Executive Director Katelyn Guidry Director of Marketing & Membership Development Marilyn Lopez Director of Pro Bono Services
UPCOMING EVENTS
AUG 06 | YLS BOARD INSTALLATION Thursday, August 6th at the Lafayette Bar | In-person attendance will be limited to the participants in the swearing-in with Facebook LIVE attendance.
SEPT. 18 | TENNIS TOURNAMENT
Young Lawyers Section Tennis Tournament Red Lerille's Health Club Check-In 8:00 AM | Play at 9:00 AM www.lafayettebar.org
OCT. 02 | GOLF TOURNAMENT 12th Annual Birdie with the Bar Golf Tournament Wetlands Golf Course Check-In 12:00 PM | Shotgun 1:00 PM www.lafayettebar.org
BENCH BAR CONFERENCE NEW DATE: NOV. 12-14 Nov. 12-14th at The Windsor Court Hotel in New Orleans, LA Registration is available now! www.lafayettebar.org
NOV. 05 | LBA BOARD INSTALLATION
stay connected Like us on Facebook facebook.com/lafayettebar See us on Instagram @lba_lafayettebar
Jessica McNabb Events Coordinator
Follow us on Twitter @Lafayette_bar
Cheryl Robichaux Administrative Assistant
Visit us online www.lafayettebar.org
More details to follow.
POSTPONED EVENTS BOWLING TOURNAMENT Postponed: 2021
HALL OF FAME
Postponed: 2021 To register for events, visit lafayettebar.org or call (337) 237-4700.
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president' s message Congratulations to the Hall of Fame Class of 2020 In this issue of the Promulgator we honor leaders in our profession. Those who are among us and those who have passed are honored as new inductees into the Hall of Fame. Several years ago the Lafayette Bar Association’s Hall of Fame was born as an idea of my career long law partner Kyle Gideon, a recent past president of our association. Kyle, even as a member of our firm, has been ever mindful of and led efforts Glenn Edwards to keep the rich history of our firm and our association alive as a beacon for those who follow. He carried that mindset to the association in the creation of the Hall of Fame project, and I am proud that the event has continued and grown with each annual event. This year’s event chairman, Robert Kallam, has introduced a profound new slate of inductees and the event will certainly be a fitting and worthy celebration of the leadership our new inductees have bestowed upon our association and our community. Many people throughout time have written about leadership and tried to capture a succinct definition of the character trait. Many world leaders have made statements on the topic. Two of my favorites: “PEOPLE ASK THE DIFFERENCE BETWEEN A LEADER AND A BOSS. THE LEADER LEADS AND THE BOSS DRIVES.” - THEODORE ROOSEVELT “IT IS BETTER TO LEAD FROM BEHIND AND TO PUT OTHERS IN FRONT, ESPECIALLY WHEN YOU CELEBRATE VICTORY WHEN NICE THINGS OCCUR. YOU TAKE THE FRONT LINE WHEN THERE IS DANGER. THEN PEOPLE WILL APPRECIATE YOUR LEADERSHIP.” - NELSON MANDELLA
"THE CONTRIBUTION THEY [HALL OF FAME CLASS OF 2020] HAVE MADE TO OUR PROFESSION AND COMMUNITY IS ABUNDANTLY APPARENT..." When I recollect this year’s class of inductees, some of whom I have known well, some more casually and others whom I have only heard of, the many faces of leadership come to mind. The contribution they have made to our profession and community is abundantly apparent in their work, the lawyers they have mentored and guided and in the families and children they have reared. Reviewing the applications submitted on behalf of this year’s inductees, the qualities of Confidence, Commitment, Empathy, Accountability, Enthusiasm, Focus and Honesty come to mind. All I think essential attributes of any leader.
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Now more than ever in our community, our nation and indeed the world we yearn for leadership to guide us through difficult times. We need those among us who would lead to step up and to meet the challenge. Likewise we are all called to join the effort to find solutions through compromise and dedication to the betterment of everyone. “A LEADER IS ONE WHO KNOWS THE WAY, GOES THE WAY, AND SHOWS THE WAY.” - JOHN C. MAXWELL It is my honor to welcome the Lafayette Bar Association’s Hall of Fame 2020 Class of inductees: Judge Jerome E. Domengeaux (d), W. Gerald Gaudet (d), Lester J. Gauthier, Jr., Marc W. Judice, Joseph R. Oelkers, III, Edwin G. Preis, Jr. and Judge John M. Shaw (d). Please review the remainder of this issue to learn more about our inductees and the continued work of our association. In this, my penultimate message as president of our association, I would also like to recognize again our fabulous staff. We recently engaged in annual evaluations and the Executive Committee had the opportunity to meet with each staff member in discussion of their work and what we all might be able to do to make our association better in the future. We surveyed the board and event committee members throughout the association to get input for the evaluations and received much praise for the staff without a single complaint. As I noted to each staff member who was asked to evaluate themselves as well, they were, to the person, harder on themselves than anyone else was - a testament to their dedication, integrity and humility indeed! I cannot overstate the overwhelming task our staff has encountered this year in completely reformatting the way we do business in the COVID – 19 era. The staff has met that challenge without compromising the service we do for the community and without the reward of seeing their efforts in planning social and education events come to fruition due to delays or postponements. In a word, they are sensational.
REGISTER AT WWW.LAFAYETTEBAR.ORG
executive director' s message Looking Back on My First Year as Executive Director August marks my one-year anniversary as Executive Director of the Lafayette Bar Association and what a year it has been! I think perhaps to say “not all went as planned” may just sum it up. Given the fact that Covid-19 has completely changed the way we have conducted business during the last 4 months, the LBA leadership and staff has grown stronger, more innovative, and more determined to continue serving our members and the public to the best of our abilities. I cannot thank our Executive Committees and Boards of both the Association and the Foundation enough for all of their support, availability, flexibility, and guidance throughout the past year. Each and every one of them when called upon has willingly lent a helpful ear or hand and for that, I am extremely grateful. I would like to congratulate the outgoing Family Law Section President Jonathan Jarrett on a successful year for the section under his leadership. Together with the slate of officers of Taylor Fontenot, Dyan Schnaars, Lana Duhon, Will Keaty, Mandi Bucher, Paula Bertuccini, and Geralyn Siefker, Jonathan’s term was marked by a strong focus on shining a light on the need for Lawyer Wellness – physical and mental. Thank you for serving our Family Law Section so well and for all of your hard work for the Association and Foundation.
would like to volunteer, please contact Marilyn at marilyn@ lafayettebar.org or 337-2374700.
Plans are fairly fluid right now for the planned Young Lawyer Section installation of officers, the Young Lawyer Tennis Tournament, Golf Tournament, Bowling Tournament, Bench Bar and other upcoming events. Please stay tuned to the Lafayette Bar website, lafayettebar.org and our social media channels for updates as we move forward.
Pam Landaiche
My best to you – stay safe and well!
Congratulations are also in order to outgoing Young Lawyer President Stuart Breaux and officers Carolyn Cole, Derek Aswell, Roya Boustany, and Jaclyn Bacon and the dedicated committee chairs who served the section so well this past year. Under Stuart’s leadership, participation in the section is thriving and event participation robust. Stuart, we will miss your very crafty, thought-provoking emails and messages.
"THE LBA LEADERSHIP AND STAFF HAS GROWN STRONGER,
MORE INNOVATIVE, AND MORE DETERMINED TO CONTINUE SERVING OUR MEMBERS AND THE PUBLIC..."
We had some highly successful events during the past year – YL Officer Installation, Bench Bar, LBA officer installation, CLE by the Hour, Red Mass & Court Opening, and Mock Trial. Since March, events have had to be postponed or cancelled but we (the LBA staff, leadership, and committee chairs) remain committed to seeing those events come to fruition. Thank you to everyone who took the time to complete the LBA survey. Your input is extremely valuable as we look toward getting back to “normal” – whenever and however that may be. My sincere gratitude also goes out to our selfless volunteers who have assisted with our virtual Counsel on Call program, taken LVL cases, and those who have presented online seminars. The need for legal advice offered by Counsel on Call and representation in Protective Order cases is still as great as ever and we appreciate our members who are always willing to go above and beyond to help those in need. If you
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PRO BONO
HONOR ROLL the following attorneys have accepted one or more Pro bono cases in the past two months
Megan Clark Galloway, Johnson, Tompkins, Burr & Smith
Lindsay Meador Young Galloway, Johnson, Tompkins, Burr & Smith
Thomas Daigle Thomas M Daigle Law Office
Tyler Minick Galloway, Johnson, Tompkins, Burr & Smith
Dean Doherty The Law Office of Dean A. Doherty
Christine Mire Law Office of Christine M. Mire, LLC
Harold Domingue Harold L. Domingue, Jr. APLC
Christopher Ortte NeunerPate
Claire Edwards Attorney at Law
Mark Pharr, III Galloway, Johnson, Tompkins, Burr & Smith
Taylor Fontenot Southern Oaks Law Firm
Dyan Schnaars Schnaars Law Firm
Valerie Garrett Valerie Gotch Garrett, APLC
Phillip Smith NeunerPate
Jessica Hapak Attorney at Law Thomas "Trey" Hightower Thomas R. Hightower, Jr. APLC
Kenneth St. Pé Kenneth D. St. Pé, APLC Larry "Shaun" Trahan L. Shaun Trahan, Attorney at Law, LLC
Jonathan Jarrett The Jarrett Firm
GET INVOLVED BEING INVOLVED IN PRO BONO IS A REWARDING EXPERIENCE AS YOU GIVE BACK TO THE COMMUNITY, GAIN EXPERIENCE IN THE COURT ROOM, AND EARN CLE CREDIT. CONTACT MARILYN AT THE LBA TO GET INVOLVED. Marilyn@lafayettebar.org | 337.237.4700 x 102
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Access to Justice A report of the Lafayette Bar Foundation, provided by Foundation Chair John Swift
The Lafayette Bar Foundation has continued to provide access to justice for those who cannot afford to hire a lawyer in these most challenging times. We continue to provide services through the Lafayette Volunteer Lawyers Program and have actually expanded our services. In response to requests from two nonprofit organizations with concerns about evictions and the homeless community as a result of Covid-19, we have partnered with Acadiana Legal Services Corporation to provide assistance. We have formed a panel of lawyers that will handle eviction cases. ALSC has agreed to provide training to the attorneys. If you would like to volunteer to help out with these cases, please contact Marilyn for more information. We are also pleased to announce that the Stuller Foundation has agreed to provide a grant award to the Lafayette Bar Foundation to assist us in our efforts to obtain birth certificates for the homeless through the H.E.L.P. program. The grant will help pay the costs of obtaining a birth certificate. By volunteering to notarize the application, a lawyer can have a huge impact on the lives of those trying to find shelter, enroll children in school and obtain jobs, etc. We intend to expand the program to the Faith House. If you would be willing to assist in donating your time, please let us know. The Foundation has also created a virtual seminar for volunteer attorneys who would be willing to serve on the protective order panel throughout the year. If you are interested in representing clients in protective order hearings, please let us know. Lafayette Volunteers Lawyers Program was recently evaluated by the Acadiana Legal Services Corporation and received an excellent score. They said our evaluation was indicative of LVL’s well-run program in delivering pro bono legal services and that we were the oldest and best run program in their area. This could not be performed without all of our volunteers and our excellent staff. There are many opportunities to serve. The Lafayette Bar Hall of Fame will be welcoming new members. One of them is Joseph R. Oelkers, III. Joe served as the Executive Director of Acadiana Legal Services Corporation for almost 40 years and has always been supportive of the Lafayette Bar Foundation and our LVL program. Please plan to attend the program and recognize Joe and the other new inductees who have all demonstrated a high degree of professional achievement and displayed long term outstanding leadership and participation in the activities of the Bar. I know Joe would invite each of you to also participate as a volunteer in our programs to provide access to justice for those that cannot afford to hire an attorney. We have two other events coming up in the next few months. Our golf tournament is one of our more successful fundraisers for the Foundation. It has been scheduled for Friday, October 2, 2020, at The Wetlands. The Champions of Justice breakfast to honor all of our volunteers is scheduled for October 30, 2020. Please join us for these programs. Everyone in our community should have respect, dignity and access to justice. I thank all of you for your participation and support in that effort.
YOUNG LAWYERS SECTION A MESSAGE FROM PRESIDENT
committee members, and remote attendance will also be available. We hope to make up for the limited nature of the gathering with an additional event in the spring.
CAROLYN COLE
It is an interesting time to begin my tenure as President of the Young Lawyers Section, to say the least. Typically, at this time of year we are reflecting on the success of the events held throughout the preceding year and planning our full slate of activities for the fall. As I write this first column, we are adjusting to new mandatory mask and limited gathering requirements, and working to adapt our upcoming events to another “new normal.� There are no foregone conclusions these days, except that circumstances will continue to change.
Meanwhile, amid what has surely been the longest hiatus between social events in Young Lawyers Section history, we hope to move forward with several of our benchmark events this fall. At the time of this writing, we are scheduled to hold at least two upcoming events which will allow for outdoors, socially distanced socializing. First, the annual YLS tennis tournament is set to be held on September 19th at Red Lerille’s Racquet and Health Club. And on October 2nd, the Birdie with the Bar Golf Tournament will be held at The Wetlands. Hope to see you there!
Thanks to the leadership of our outgoing President, Stuart Breaux, we begin this year with an active, engaged membership of young lawyers who are rising to the challenge of fulfilling the mission of our section—namely, providing community service in Lafayette Parish and fellowship opportunities to our members—in innovative ways. Our members have supported fundraising for food pantries, and even offered to lead free yoga classes over Zoom. I am looking forward to seeing what they come up with next.
Finally, I encourage our members to attend this year’s Bench Bar conference, which has been rescheduled to take place at the Windsor Court in New Orleans from November 12th through 14th. Bench Bar provides a special opportunity for young lawyers to meet and mingle with judges and more seasoned attorneys outside our typical environment. The YLS will once again be sponsoring one of its members to attend the conference, so don’t miss out.
The installation of our 2020-2021 officers will be held on August 6th at the Lafayette Bar Association beginning at 5:30 p.m. In light of the current circumstances, in-person attendance at this event will be limited to the participants in the swearing-in, namely YLS officers and
If you are interested in learning more about the Young Lawyers Section or joining one of our committees, please join us for lunch at one of our monthly board meetings, which are held on the second Tuesday of each month at noon at the LBA office.
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It is the mission of the Lafayette Bar Association to serve its members and the community by promoting justice, professional excellence, and fellowship among attorneys and the court. The Lafayette Bar Association Board of Directors issued the following Statement on Justice and the Rule of Law, which echoes the Association’s mission statement, reminds our members and the community we serve that this Association is mindful of its mission and its enduring principles. More importantly, it acknowledges the rule of law and the oath we, as lawyers, take to uphold it.
--Statement of the Lafayette Bar Association Board of Directors on Justice and the Rule of Law As lawyers, we took an oath to support the Constitution of the United States and the Constitution of the State of Louisiana, which extend a promise to all citizens of equal protection of the laws. As members of the Lafayette Bar Association, we serve our profession, our members, and our community by promoting justice, professional excellence, respect for the rule of law and fellowship among attorneys and the court. The rule of law is the enduring principle that all persons, institutions, and entities should be governed by and held accountable to laws that are just, publicly promulgated, equally enforced and independently adjudicated. This is a foundational principle of our nation’s Constitution and its declaration that government derives its power from the governed to protect individual liberty. Statement of the FBA Board of Directors on the Rule of Law (September 13, 2018). Recent events have shaken the collective soul of our country and have served as a reminder that systemic bias and continued injustice threatens the very rule of law we swore to uphold. In the days and months ahead we must re-dedicate ourselves to the principle that the rule of law must be viewed both in speech and practice as providing equal protection to all citizens regardless of race, gender, ethnicity, national origin, religion, age, sexual orientation, gender identity, disability, or any other unique attribute. Protecting the rule of law is part of our mission as lawyers. Our association and profession must be thought and action leaders on this topic. Great strides have been made in providing access to justice through our local and state-wide organizations, but more work is required to provide this fundamental right. We are committed to working within our entire community to ensure that the arc of the moral universe bends toward justice. A message from the Lafayette Bar Association Board of Directors (July 21, 2020)
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Induction of the 2020 Hall of Fame Due to the unfortunate circumstances caused by the pandemic, the Lafayette Bar Association has made the difficult decision to postpone the Hall of Fame Gala, originally scheduled for September 16, 2020, until after the new year. Event details will be announced soon. The Lafayette Bar established the Hall of Fame in 2014 to honor its outstanding attorneys and their contributions to the profession, the Bar, and the community. The Lafayette Parish legal community has a rich history of producing highly successful lawyers, many of whom became trailblazers within the Bar and the Lafayette community. Since 2014, the Bar has recognized thirty leaders and community servants. Inclusion in the LBA Hall of Fame is intended to recognize an exemplary career as an attorney, dedicated service to the community, and participation in the Bar. We present to you the Hall of Fame Class of 2020.
Lester J. Gauthier, Jr.
Lester J. Gauthier, Jr. is a practicing attorney in Lafayette, LA. His areas of practice include federal criminal law, drug charges, Louisiana criminal law, and administrative hearings. He earned his B.A. from the University of Southwestern Louisiana in 1970 and his J.D. from the Louisiana State University Law Center in 1976. He is a long-time member of the Criminal Justice Act Panel and was recently awarded the Criminal Justice Panel Attorney Award by the Louisiana Association of Criminal Defense Lawyers. He's a founding member of the French Table at Dwyer's CafĂŠ - a weekly breakfast meet-up where only French can be spoken. He was inducted as a "Living Legend" by the Acadian Museum in New Iberia. Mr. Gauthier hosted an Acadiana Open Channel television show about the law titled, "Law Talk" where he would interview office holders and political candidates to give the public a better understanding of their views. He is a member of the Lafayette Bar Association, Louisiana State Bar Association, and the Louisiana Criminal Defense Lawyers Association. He has been published in the Louisiana Bar Journal and the The Advocate.
Marc W. Judice
Marc W. Judice is a practicing attorney in Lafayette, LA, with the firm Judice & Adley. Mr. Judice earned his J.D. from Louisiana State University School of Law in 1977. He has been actively engaged in litigation since he was admitted to practice law, with emphasis in the areas of medical, dental, healthcare and professional liability defense. He is certified in Civil Trial Advocacy by the National Board of Trial Advocacy. He has been asked to give numerous presentations in the fields of law and healthcare to a wide array of organizations. Mr. Judice has served as Chairman of the Board of Directors at University Medical Center in Lafayette, Chairman of the Board of Trustees at Medical Center of Southwest Louisiana and on the Board of Trustees for Women's and Children's Hospital. He was listed in the 2007 inaugural edition of Louisiana Super Lawyers. He has earned the highest ranking (AV) from Martindale-Hubbell for skill and integrity. He is a member of the Louisiana State Bar Association, Lafayette Bar Association, and the Louisiana Association of Defense Counsel.
Joseph R. Oelkers III
Joseph R. Oelkers III, known to many as "Joe," is a practicing attorney in Lafayette, LA. He graduated from Lafayette High School in 1968, earned his B.S. in Business Administration from the University of Southwestern Louisiana in 1972, and received his J.D. from the Paul M. Hebert Law School at Louisiana State University in 1975. Shortly after being admitted to practice, Oelkers became the Executive Director of the Acadiana Legal Service Corporation, a position he held until 2016. During that time, he received several awards including the Louisiana State Bar Association's Career Public Interest Award in 2015, and the Louisiana Bar Foundation's Calogero Justice Award in 2016. Mr. Oelkers has also held several positions over his 43 years of practicing law, including President of the Louisiana Legal Consortium (1983-94), President of the Louisiana Legal Services Association (1980-81), and President of the Lafayette Bar Association (2004-05). He has also served on the Board of Directors for the Louisiana Bar Foundation (1987-92), currently serves on the Lafayette Bar Association Board of Directors, and is a member of the LSBA's Access to Justice Committee.
Edwin G. Preis, Jr.
Edwin G. Preis, Jr. is the Managing Partner and founder of Preis, PLC in Lafayette, LA. He earned his undergraduate degree from the University of Southwestern Louisiana in 1969 and obtained his J.D. from the LSU Law Center in 1972. In his nearly 50 years of legal experience, Mr. Preis has not only maintained an active litigation practice, but has also given his time and resources to the LSU Law Center through his involvement in the Trial Advocacy Training Program, on which he served as a faculty member from 1992-93, and the Board of Trustees since 2004. Mr. Preis was a long-standing member of the Louisiana Attorney Disciplinary Board; prior to his appointment by the Louisiana Supreme Court to the Board, he served for seven years as a Hearing Committee Chairman. He has also contributed to the Judge Alvin B. Rubin Conference on Maritime Personal Injury Law since its inception in 2002, serving annually since then on the Planning Committee and as Moderator of the Bench Panel on Recent Developments. He also co-authored the Louisiana Oilfield Indemnity Act of 1981. Mr. Preis is listed in Best Lawyers in America, Louisiana Super Lawyers, and holds an AV Martindale-Hubbell Peer Review Rating.
Posthumous Honorees
Honorable Jerome E. Domengeaux
The Honorable Jerome E. Domengeaux was born on March 3, 1919, to Senator Joseph R. Domengeaux and Marthe Mouton in Lafayette, LA. He graduated from Cathedral High School, Southwestern Louisiana Institute, and began his legal training at the Georgetown University Law School. His legal training was interrupted by World Word II, in which Judge Domengeaux volunteered for duty in the Army; he was awarded the Bronze Star and other commendations for leading patrols behind enemy lines. The Judge finished his legal training at the Tulane University Law School in 1948 and began his practice in Lafayette thereafter. Judge Domengeaux began his career in public service by serving as the attorney for the Lafayette Parish Inheritance Tax Collector from 1952 to 1960. He also served as the Mayor of Lafayette from 1956 to 1960. Judge Domengeaux began his judicial career in 1962 as a judge of the 15th Judicial District Court, and was re-elected in 1966. He was also appointed as a judge pro tempore of the Fourth Circuit Court of Appeal in 1969 and 1970; he was elected judge of the Third Circuit Court of Appeal in 1970, holding that position until his retirement in 1994. After his retirement, Judge Domengeaux practiced law with the firm of Domengeaux, Wright and Roy, founded by his brother Jimmy Domengeaux, until his death in 1999.
W. Gerald Gaudet
W. Gerald Gaudet was born on December 13, 1935. He was a native of New Orleans and resident of Lafayette for over 50 years. He received his J.D. from Tulane University Law School. Mr. Gaudet proudly served his country as a Captain in the United States Navy, and was a member of the Naval Reserve Association. He was also a member of the Bienville Club, the Louisiana State Bar Association, the Maritime Law Association, the Louisiana Association of Defense lawyers, and the American College of Trial Lawyers. He was a former partner at the law firm Voorhies & LabbĂŠ, and due to his other law partners' similar interests became an avid duck hunter and outdoorsman. Mr. Gaudet immensely enjoyed the Mardi Gras season and was a member of several krewes, including the Krewe of Gabriel. He also enjoyed traveling the world extensively with his devoted wife, Susan. Of extreme importance is Gerald's service to the Bar for many decades, primarily involving his expertise as a superior maritime lawyer and his teaching others (primarily younger attorneys) matters pertinent to the practice of Maritime law. Mr. Gaudet passed away on November 18, 2014.
Honorable John M. Shaw
The Honorable John M. Shaw was born in Beaumont, TX, on November 14, 1931. He graduated from C.E. Byrd High School, received his B.S. from Washington and Lee University in Lexington, Virginia, in 1953, and received his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1956. After meeting his wife, Ann, through a friend in law school, Judge Shaw settled in Opelousas, LA, joining Lewis and Lewis Law Firm, where he actively practiced law for the next 21 years. On June 5, 1979, Judge Shaw was nominated by President Jimmy Carter to fill the new seat created on the U.S. District Court for the Western District of Louisiana located in Opelousas. He was confirmed and commissioned September 26, 1979. The seat was eventually moved to Lafayette, LA, in 1989. During his time on the bench, Judge Shaw presided over the desegregation of the St. Landry and Lafayette Parish school systems and a trial involving the largest drug bust of marijuana in U.S. history that took place in Abbeville, LA. He also personally spearheaded the process of getting Lafayette a new Federal Courthouse, which is rightfully named in his honor. Judge Shaw served the court as a senior judge in the Lafayette/Opelousas Division until his death in 1999.
PRESIDENT TAYLOR FONTENOT
Family Law Section News TO A YEAR OF SERVICE AND POSITIVE CHANGE Because of the Covid-19 pandemic, the Family Law Section was unable to hold our annual spring social crawfish boil. Instead, we had a BBQ social on June 28, 2020, where we recognized and installed new officers. I’m excited to announce the 2020-2021 Executive Committee as follows: Taylor Fontenot – President Dyan Schnaars – Vice President/President-Elect Courtney Guillory – Secretary Mandi Bucher – Treasurer Lana Duhon – At-Large Claire Edwards – At-Large Geralyn Siefker – At-Large Jonathan Jarrett – Immediate Past President I’m thankful to everyone above for agreeing to serve. I also want to thank everyone who makes our Family Law Section possible – past and current section members, the Lafayette Bar Association, and certainly the LBA Staff. The Family Law Section has meant a lot to me over the past few years. Before hanging a shingle in 2016, I had zero experience in the field. So the section has been an invaluable resource to me as I try to learn and grow as a family law attorney. Because of that, it’s truly an honor to be elected President, and I look forward to serving in the upcoming year. Some stated purposes of the Family Law Section are to: • Provide a forum for discussion and exchange of ideas and concerns leading to the improvement of the practice and substance of family law; • Foster a mutually cooperative relationship with courts handling family law matters; and • Foster a high standard of ethical conduct, civility and professionalism by all attorneys who participate in the family court system.
to foster a mutually cooperative relationship with family law courts, and a high standard of ethical conduct, civility, and professionalism by family law attorneys, then we may have a role to play in that conversation. Until next time, I hope all of you are staying safe and well.
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UPCOMING CLEs
AUGUST 10, 2020 | "The Do's and Dont's of Appellate Practice" presented by the Honorable Phyllis Keaty, 3rd Circuit Court of Appeals To register for in-person or virtual attendance, go to www.lafayettebar.org. In-Person Price including lunch: $25 Members / $50 Non-Members Virtual Price: $15 Members / $40 Non-Members
FAMILY LAW SECTION
SUMMER BBQ Saturday, June 27, 2020
Hosted by Claire & Evan Edwards Organized by Courtney Guillory, Social Chair
Claire Edwards, Mandi Bucher, Courtney Guillory, Taylor Fontenot and Jonathan Jarrett
President Taylor Fontenot
Evan Edwards, Wesley Galjour, Jonathan Jarrett, and Steve Bucher
Aaron Baniewicz, Leslie Beam Baniewicz, and Maggie Simar
My aim for the upcoming year is to continue serving these purposes, while hopefully moving the ball forward just a bit. Admittedly these are trying times for all of us, but I think our section is in a unique position to survive, thrive, and bring about some positive change. For example, in terms of improving the practice and substance of family law, we can start by looking at the specific issues faced during the Covid-19 pandemic and facilitating a discussion about potential solutions - both now and in the future. Executive orders and recent legislation regarding the suspension of legal deadlines has caused much confusion amongst our membership as it relates to the waiting period for a divorce. Moving forward I believe the family law bar can and should have more of a voice when it comes to executive and legislative actions that have such an impact on our clients. I don’t know exactly what that may look like, but I have some ideas and look forward to starting the conversation. Further, the entire nation is engaged in a dialogue about racism and discrimination - not only in policing, but in society at large. If we want
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Alex Reaux, Teddi Bucher and Florencia Ibanez
Judge Blanchet swearing in President Taylor Fontenot.
Judge Jules D. Edwards, III is running for Lafayette City Court Judge to address the issues that lead to the production of career criminals and abandoned victims. As a district court judge for over 27 years, he has presided over countless cases involving violent crime and substance abuse. He knows that a judge must be recognized as an administrator of true justice to truly remedy these problems. From experience, Judge Edwards knows the programs, practices and procedures that can help offenders change to live a law-abiding and moral life. Lafayette City Court is often the first exposure that juveniles and youthful offenders have to the criminal justice system. That is the place to reach and motivate them to want to constructively work to improve their lives and the quality of life in Lafayette. Clearly Judge Edwards has the training, experience and understanding to get this critical job done. Every human being is worthy of respect, and justice is giving the other that which is due. Judge Edwards meets people where they are and hears them, he truly listens to them. He then crafts each judgment to clarify for the young offender that it is in their interest to repair the harm, restore the victim, and improve the community’s sense of security and communion. Judge Edwards’ entire career has been of service to his community and country. He started his long military career as a Marine Corps rifleman and retired a Colonel in the Judge Advocate General (JAG) Corps where he was recognized as the best Staff Judge Advocate in the United States. Judge Jules D. Edwards III is a respected, accomplished, and experienced district court judge who has presided over thousands of cases in Lafayette for nearly three decades. His fellow judges elected him Chief Judge of the 15th Judicial District Court and President of the Louisiana District Court Judges’ Association. He has also served as president of the Louisiana Judiciary Commission. Judge Edwards has been married to Orida Edwards for 33-years. She is a practicing attorney, and they have three children, Jules, IV, Juliesa, Julien, and a new daughter-in-law, Brittany. Please help us, help him move upstream and improve our community.
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THE GRAPEVINE The National Black Lawyers - Top 40 Under 40 is pleased to announce that Jared Nelson of Liskow & Lewis in Lafayette has been selected for inclusion into its Top 40 Under 40 Black Lawyers in LA. Congratulations, Jared! Congratulations to Evan Edwards of Brazee & Edwards and Claire Edwards, Attorney at Law, on the birth of their second son, Joseph "Jack" Edwards. We would like to offer our deepest sympathies to the family of Vanessa Randall, as they cherish the memory of her husband, Charles, who passed away suddenly on July 19, 2020. Becker and Hebert is pleased to welcome Andree Comeaux to its legal team. Andree will be handling business, real estate and governmental litigation and transactional work for the firm. We would like to offer our deepest sympathies to the Vidrine & Vidrine Law Firm, as well as the family of William "Bill" Vidrine, who passed away on July 21, 2020. Congratulations to Kelly Sanford, recently named Hearing Officer for the 15th Judicial District Court. The Promulgator Editorial Committee is searching for its next Editor! If you are interested in joining The Promulgator Editorial committee, please contact Katelyn at the Lafayette Bar Association: (337) 237-4700 ext 104 or katelyn@lafayettebar.org Have a submission to The Grapevine? Email katelyn@lafayettebar.org
A Message from
Honorable Michelle Breaux
15th Judicial District Court Division "E" "On Friday, July 24, 2020, I was blessed to be re-elected without opposition as 15th Judicial District Judge, Division "E". For the past 6 years it has been my privilege to serve the people of Lafayette, Acadia and Vermilion parish. I thank you for your continued trust and support as I continue to serve you as District Judge."
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WANTED: ASSOCIATE ATTORNEY Kean Miller seeks associate attorney in its Lafayette office with 2-4 years of defense litigation experience to join our offshore energy and marine litigation practice group. Excellent academic credentials, strong writing, communication and advocacy skills as well as excellent references required. Candidates must demonstrate the ability and the desire to interact directly with Kean Miller’s clients and to further develop client and referral relationships. We offer a people-driven culture, meaningful work, a well-defined path to partnership, highly competitive salaries and an extensive paid benefits package. Email confidential resume to mary. coghlan@keanmiller.com. EOE.
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TOP10
HALL OF FAME EDITION
HEALTH & WELLNESS with Claire Edwards
During a Family Law CLE in August 2019, Buddy Stockwell, executive director of JLAP (Judges and Lawyers Assistance Program, Inc.), recommended a few books. One book was called "The Anxious Lawyer," by Jenna Cho and Karen Gifford.
What better way to honor our Hall of Fame inductees than with a useless, albeit mildly entertaining, list? By Hallie Coreil
Of course, I immediately bought the book and started reading it, and, as of today I'm at page 127 of 251. I've been able to do some at-home meditation sessions (rather than at a yoga or meditation studio), and they are very relaxing.
1. To date, 71 toys have been inducted into the National Toy Hall of Fame, including obvious candidates like Barbie (1998) and LEGOS (1998), and REALLY obvious candidates like cardboard box (2005) and stick (2008), which oddly took a bit longer to qualify.
What I think is the best feature of this book is its focus on attorney lives. It identifies stressors we face, and even identifies difficulties attorneys face when finding time to meditate. For example, finding time, sleepiness, distractions, and boredom are all hurdles Cho and Gifford identify which need to be addressed.
2. The International Towing and Recovery Hall of Fame, which honors professionals in the towing industry, is located in Chattanooga, Tennessee. Surely worth the well-serviced-car trip.
Here are the important hurdles to self-assess to allow ourselves to be healthier:
3. Despite his well-publicized failures, Charlie Brown is a serial Hall of Famer, having been inducted into the World Kite Hall of Fame, the National Baseball Hall of Fame, the Mizzou Hall of Fame (as a running back with the same name), and the South Carolina Football Hall of Fame (as a different footballer with the same name). 4. What do you get if you’re inducted into the serial killer hall of fame? A lifetime dismembership. 5. Because most facts about halls of fame are pretty boring, another joke: Why was the broken phonograph in the Hall of Fame? Because it broke all the records. 6.Halls of fame trace their roots back to the Hall of Fame for Great Americans at Bronx Community College, a sculpture gallery completed in 1900. This was inspired by the Ruhmeshalle in Munich, Germany, and the earlier Wallhalla Memorial in Bavaria, Germany, conceived in 1807. 7. The internet, a leading innovator in equality, is rife with as many, if not more, Halls of Shame. A notable example includes the Physical Education Hall of Shame, which scorns dodge ball (1992), Duck, Duck, Goose (1992), and Simon Says (1994). Boomers: The millennials are ready for their judgment now. 8. For the lawyers among us, Farmers Insurance’s Hall of Claims includes a grizzly bear’s pool annihilation and a clown-car rearend collision. 9. For the more fun less lawyerly among us, Eric Clapton has been inducted into the Rock and Roll Hall of Fame three times (as a member of the Yardbirds in 1992; with Cream in 1993; and as a solo artist in 2000). He could potentially be inducted four more times for his work in Blues Breakers, Blind Faith, Delaney & Bonnie & Friends, and Derek and the Dominoes. 10. I have not yet located a Hall of Fame Hall of Fame. Perhaps there is space on the internet for such a worthy endeavor.
Finding Time "Separate from the question of whether you actually have the time to meditate may be the feeling you are too busy to sit. This feeling of 'busyness' is both a seduction and a major source of dysfunction for many lawyers. Apart from the objective reasons we often find ourselves with too little time, we can also allow a selfcreated sense of busyness to creep into our lives." (p. 48) Sleepiness "It is possible to experience something that feels like sleep during your meditation time when you are not asleep at all. There is a deep meditative state that can be confused with sleep, but is not actually sleep. It feels very dark, silent, and peaceful. Few, if any, thoughts occur." They further assess: "If you believe you're truly falling asleep during your meditation time...you genuinely [may] be overly tired...many lawyers spend so much time working they are chronically and severely sleep deprived." (p. 49) Distractions "Many people in classes we have taught come back after the first week reporting that just trying to meditate makes them more distracted than ever. If this is your experience, you're in very good company--but we can assure you meditating isn't making you any more distracted than usual. You're just noticing for the first time how many thoughts flow through your mind and how they veer from one topic to the next, in a surprising tangle of associations." (p. 50) Boredom "Here is where practicing law may give you a leg up on your sitting practice compared with other meditators. Practicing law does require a relatively high tolerance for boredom, so chances are you're familiar with boredom and know how to deal with it. One caveat here is if you're used to powering through boredom and forcing yourself to focus, try to take a more gentle approach in this situation. See if you can, rather than grinding your way through the boredom, gently disengage from it, bringing your focus back to the breath with a sense of ease and appreciation.'' (p. 51) With these tips in mind and with the suggestions of getting "The Anxious Lawyer" for yourself, enjoy your next meditative experience! YouTube is a great resource for meditative practices. They can be as short as 5 minutes or as long as 3 hours of meditation music (great for helping to get to sleep at night).
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The Bar Side by greg moroux
The Index of Phobias - For Lawyers I came across a list of phobias recently, and…article idea! Phobias for lawyers. A phobia is defined in the Encyclopedia and Dictionary of Medicine, Nursing and Allied Health as “a persistent, irrational, intense fear of a specific object, activity, or situation (the phobia stimulus), fear that is recognized as being excessive or unreasonable by the individual himself. When a phobia is a significant source of distress or interferes with social functioning, it is considered a mental disorder, phobic disorder (or neurosis). Phobic disorders are subclassified as agoraphobia, social phobia, and simple phobias.” Some common phobias are acrophobia (fear of heights); agoraphobia (fear of open or public places), astraphobia (fear of lightning), cenotophobia (morbid fear of new things or new ideas), claustrophobia (morbid fear of closed places), homophobia (fear of blood) and xenophobia (morbid dread of strangers). Here are some of the more interesting phobias on the list I found: Anthropophobia – fear of people, especially in groups Anthophobia – fear of flowers Atelophobia – fear of imperfection Aulophobia – fear of flutes Aurophobia – dislike of gold Autmysophobia – fear or dislike of being dirty
Greg Moroux serves on the LBA Board of Directors and has been a practicing lawyer and living in Acadiana for most of his life. He has been a contributor to this publication for several years.
conducted voir dire will say that she knows one of the attorneys in the case and asks the judge for a private chamber conference; Hominemophobia – fear of being attacked for your character rather than response to your arguments; Testimenophobia – fear of what your client will say without you answering for him; Certiorarophobia – fear of having your perfect judgment appealed; Contraphobia – such an intense fear of confrontation that you decide to become an office practitioner; Contraphobia complex – contraphobia causing you to become an office practitioner, but then contract a nasty case of mailophobia brevis (see above); Civilophobia – fear of civil law cases; ArticleIIIphobia – fear of federal court; Secretariophobia – fear that your secretary knows more about law than you do; Rambophobia – fear of particularly aggressive lawyers who conduct themselves so not to move the case forward, but just because he loves being obnoxious; Admonitophobia – intense fear of billboards or lawyer ads on TV or in print; Xeroxophobia – fear of massive document intensive cases.
Here are some for lawyers and their clients: Judgophobia – fear of judges; Interrogaphobia – fear of questions, or too many questions; Judgmentophobia – fear of the outcome…any outcome; Trialophobia – fear of trial. But, I’m told it is a natural fear; Trialophobia Noctem – intense fear the night before a trial begins; Epistophobia – fear of large, thick full sized envelops; Epistophobia Brevis – fear of very thin business envelops; Bibliophobia – fear of legal research or having to go to a book for the answers (The joke in law school is to write a check for money you owe this guy, slip it in a law book, and the check will never be cashed.); Expertophobia – intense or excessive fear of forensic and career expert witnesses; Chuckophobia – fear of disciplinary actions; Briefophobia – fear of having to push everything in your practice aside for four days to research and write a massive and pervasive brief; Verdictophobia – the time the jury goes out to deliberate to the moment just before the jury comes out of deliberation when the judge announces a verdict has been reached and extending to the reading of it by the clerk (See below); Verdictophobia vulnificus – the dread you have while the verdict is being read. This diagnosis requires the suppression of your natural urge to vomit (not from adulterated food) induced by exceedingly bad results that were not anticipated, as the clerk reads each element of damages; Cielophobia – fear of a sky high verdict; Voir Dire Bustophobia – fear that a juror under general court-
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