Omaha Bar Association’s Law Day 2023
Page 2 – Mock Trial Returns to Federal Courthouse
Page 3 – 5th Grade Poster Contest Results
Page 4 – 8th Grade Essay Contest Results
Page 5 – Community Alliance Receives Public Service Award
Pages 6-7 – Robert M. Spire Award Goes to Tom Riley
Pages 8-9 – Tenant Assistance Project gets Smith Camp Award
Page 10 – Jacobs Recognized with Ellick LRS Award
Pages 11-12 – Mike Mullin’s Lifetime Achievement Award
Pages 13-14 – Jackson Speaks on Civil Discourse / Law Day Theme
LAW DAY MOCK TRIAL A HIT FOR 5th GRADERS / JACK BEANSTALK WALKS DUE TO HUNG JURY
After a 3 year hiatus, the Law Day Mock Trial was held on March 30th at the Hruska Federal Courthouse in Omaha. With Judge Rossiter presiding, over 100 5th grade students from Loveland and Swanson Elementary were present to witness the trial of The People v. Jack Beanstalk.
Don Kleine, as prosecutor for the state, began the trial with a strong lineup of witnesses who put Jack at the scene of the crimes, and showed motive for Jack’s stealing the Giant’s golden goose and attempted murder of the Giant when he cut down the magic beanstalk while the Giant was climbing down it in pursuit of Jack.
Local defense attorney Sean Conway, representing Jack, put on a spirited defense, showing Jack’s stealing of the golden goose and gold coins was done in good will and restorative justice, and that the cutting down of the beanstalk was self-defense from a Giant yelling “Fee Fi Fo Fum, I smell the blood of an Englishman” …who also had a penchant for eating innocent villagers.
20 5th grade students acting as the jury, deliberated, and came back with a hung jury on all counts. Jury tampering was discussed briefly when it was determined that Sean’s daughter was in the jury, but summarily dismissed as the culprit of the split decision.
A special thanks to the actors from the Rose Theater for their time acting out the roles of Jack, the Giant, and other witnesses. Thank you to Ann Miller, Judge Rossiter, Don Kleine, Sean Conway, and the school officials at Loveland and Swanson Elementary for helping make the Mock Trial happen.
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5th GRADERS IMPRESS WITH DRAWING SKILLS / WINNING POSTER ON BILLBOARD THROUGH
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Since 1989, the Nebraska Paralegal Association has helped coordinate the OBA Law Day Poster Contest for 5th Grade students across the Omaha metro area. Once again, area 5th graders and their teachers answered the call for poster submission on the Law Day Theme, with the top submissions garnering recognition and prizes for their creators.
In first place was Michael Weberg of Stacy Schlautman’s class at Mary Our Queen. Michael’s poster will be displayed on a billboard 84th and L, visible to southbound traffic for the month of May. Michael will also receive $125 cash, and a one year family membership to the Durham museum. Second and third place went to Presley Hall and Natalia Flakes, both of Kathleen Cannon’s class at Anchor Pointe Elementary. Presley will receive $100 cash, and Natalia $75. Honorable Mentions have also been awarded to Zienna Nelson and Allison Roberts of Anchor Pointe.
Thank you to Andria Bell, Amber Roberts, Kim Brown, and Nebraska Paralegal Association for their help in running the 5th Grade Poster Contest for Law Day.
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1st Place: Michael Weberg, Mary Our Queen
nd: Presley Hall, Anchor Pointe 3rd: Natalia Flakes, Anchor Pointe
8th GRADE STUDENTS WRITE ON IMPORTANCE OF CIVICS AND RULE OF LAW / WINNING ESSAY TO BE READ AT LAW DAY LUNCH
In addition to the Poster Contest for 5th Graders, the OBA annual holds a Law Day Essay Contest for Omaha area 8th grade students. Over 70 entries were received in 2023, and the top three spots were all secured by students of Robin Fosbender’s Literature Class at St. Vincent de Paul. Students were given the choice of essay topics (1) Importance of the Rule of Law in our country, (2) Changemakers in our Society, or (3) the 2023 Law Day Theme –Cornerstones of Democracy. Alyssa Palmer is the 1st place winner, and will receive $175 cash; Cole Starkey, our 2nd place winner, will receive $150. Keyan Kosak will receive $125 for 3rd place. All 3 essays can be read at www.omahabarassociation.com/page/LawDay2023.
Alyssa Palmer’s winning essay:
The U.S. Constitution is the foundation of American democracy and it promises every citizen certain rights and freedoms. However, these promises cannot be fulfilled without the active participation of individual citizens in their communities. The most effective way for citizens to use their voices to fulfill the promises of the U.S. Constitution is through active engagement.
One way that individual citizens can use their voices is by participating in peaceful protests. This allows citizens to express their views on important issues. By coming together with others who share their beliefs, they can create a message that can bring about change in government policies.
Another way that individuals can use their voices is by engaging with elected officials through emails or phone calls. This provides an opportunity for citizens to express their concerns. It also ensures that elected officials are aware of the needs of the people.
Lastly, individuals can use social media platforms to reach a wider audience and raise awareness about issues that matter to them. Social media allows them to connect with people from all over the country who may share similar views.
In conclusion, fulfilling the promises of the U.S. Constitution requires active engagement from individuals across the country. Whether it's through peaceful protests, engaging with elected officials, or using social media platforms every person has a role to play in building a society where everyone's rights are protected regardless of race, ethnicity, or religion.
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MENTAL HEALTH AGENCY COMMUNITY ALLIANCE RECEIVES
PUBLIC SERVICE AWARD FOR NON-ATTORNEY ORGANIZATION/INDIVIDUAL
2023 OBA
For 42 years now, Community Alliance has worked to help people in Omaha who are dealing with mental illness or substance abuse issues. Started by family members of people with mental illness, the mission of Community Alliance is to "move upstream from crisis stage" and respond to calls for help before they are emergency room or self-harm issues. In doing this important work, Community Alliance focuses on a “holistic approach” to the care they provide beyond the traditional therapy and psychiatric care, including housing support, employment assistance, homeless outreach, educational classes for family members, and vocational life skills classes for those reentering society after being incarcerated.
Carole Boye, Executive Director of Community Alliance, sat down for a “Bar Talk” podcast episode with OBA Executive Director Dave Sommers in April 2023 to discuss the work being done by the agency. At a starting point, Boye wants members of the legal community to understand better how mental illness affects a person, and what can be done to get the person back on track. Many times, Boye mentioned, a person was dealing with a mental illness episode, but have since improved—but unfortunately they are being judged by what they did when they were ill, not what they are like now that they are better.
A big part of Community Alliance’s work is to (1) prevent someone’s interaction with the criminal justice system due to a mental illness, and (2) assist someone who is already in the criminal justice system and has a mental illness. Since the COVID-19 pandemic, rates of depression and other mental illnesses have risen, as “it’s become OK to say you’re not OK.” Community Alliance is answering the call by expanding their number of people served each year from 3000-3500 to more than 12,000, and increasing staff from 200 to 350. This enlarged footprint, made possible by a new building being erected at 72nd and Mercy, will also help expand the services provided by Community Alliance into more physical health areas. Wellness clinics and classes, smoking cessation courses and the like will be part of the new Community Alliance building. People with mental illness live approximately 20 years less than the average person, and many of the factors leading to this result are the product of undiagnosed physical issues, including hypertension and diabetes.
In receiving this Public Service Award from the OBA, Carole Boye said Community Alliance wants to thank the Omaha legal community for all the work they do with people dealing with mental health issues in our community. In working close together into the future, Boye sees a path forward filled with dignity and opportunities for some of the most vulnerable in Omaha.
The Omaha Bar Association congratulates Community Alliance on their receiving the Award, and thanks them for all the important work they are doing in our community.
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RILEY’S DECADES OF WORK RECOGNIZED WITH SPIRE AWARD FOR PUBLIC SERVICE
“Nobody more deserving.” That was the refrain time and time again from current and former Public Defenders when we reached out to them for comments on Tom Riley as the recipient of the 2023 OBA Robert M. Spire Public Service Award. Dig a little deeper, and it’s not hard to see why so many people feel that way about Tom Riley.
Growing up in New England in Chicopee, Massachusetts, Tom ended up in Omaha due to a mix-up that the Omaha legal community is eternally grateful for. Tom’s first choice for law school was Suffolk Law in Boston close to home. But playing it safe, he also applied to Creighton Law as his backup, on the advice of the head of the American Studies Department at St. Michael’s College in Vermont, where Tom went to undergrad. When Suffolk didn’t send him a yes or no on admission and time was running out on the summer, Tom chose to pack up and move to Omaha to attend Creighton Law, sight unseen. As it turns out, Suffolk hadn’t received his test scores from the testing service in the regular time period, so it was only once Riley had landed in Omaha that he found out that he had been accepted to Suffolk Law.
Tom, the son and grandson of a police officer, had grown up in a household brimming with discussion about Criminal Justice. As he began law school, Riley was keen to study with an eye towards criminal defense practice once he graduated. Impressed with the quality of instruction by professors Mike Fenner, Patrick Mullin, and Doc Shugrue, Tom forgot about the plan to transfer to Suffolk Law, and instead focused on making his legal career in Omaha.
When it came time to find that first job after law school, Riley was convinced the right choice was the Public Defender’s Office. For one thing, growing up in Catholic schools had taught Tom to put yourself second and help those less fortunate, and he “bought it hook, line, and sinker.” Secondly, while tending bar at [Mike] Fahey’s Bar, Tom had gotten to know a number of Public Defenders, which sealed the deal. Starting with the PD’s Office in 1975, has now spent 48 years with the Douglas County Public Defender’s Office, 27 of those years as the elected Public Defender for Douglas County and the 13 years prior to that as Chief Deputy.
Tom oversees 50+ attorneys, close to a dozen legal assistants, and 8 law clerks, all of whom help defend approximately 10,000 misdemeanors and 4,000 felonies a year. In addition, he has attorneys in juvenile court and in Board of Mental Health proceedings.
Investigating Tom’s reputation among his colleagues and charges, we reached out to some current and former public defenders, and here’s just some of the responses we got:
“The heart and soul of what it means to be a Public Defender, not just to those of us who worked for him, but to every defense attorney and, indeed, defendant in this state.”
“Best boss I ever had. He gave me a chance. He gave me my first job. Taught me how to be a lawyer, and for that, I will be forever grateful.”
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“He allowed us to make mistakes (but didn’t care so much for the repeated ones) but was always available for questions and help.”
“Taught me that your client is a human being, a person, and not just a defendant charged with a crime. Treat them as such.”
“The privilege of learning from him is not lost on any of us.”
“He was a great boss. You always felt he wanted you to succeed no matter where it was, whether it was in his office or outside of it.”
“He never told you your idea was dumb. We all had Tim Burns for that.”
“His relentless advocacy for his client and passion to get it right just rubs off on younger lawyers.”
“He works tirelessly for his clients and wants no recognition for it. To him, he is just doing his job.”
“The best damn lawyer I know. Period.”
The criteria for the OBA Robert M. Spire Public Service Award recipient are (1) The public's knowledge of the law or the legal system has been enhanced in some significant way by the recipient's efforts; (2) The recipient has focused on providing service to the community for purposes other than pecuniary profits; and (3) The recipient has demonstrated long term commitment to the enhancement of the public's knowledge of the law. Tom Riley has fulfilled all of the Award criteria in spades.
As one former Public Defender put it, “Tom has a well-deserved reputation for representing his clients zealously. There is no harder working and well prepared attorney than Tom. He is a master of the courtroom, both in style and in his knowledge of the law. He also is very humble and caring about his clients. Tom represents what the legal community should admire the most a gifted attorney who understands the adversarial nature of the law but does it with class and respect.”
From Tom’s side, he loves what he does, and relishes the opportunity to help guide younger attorneys in his office. Says Riley, “I’m really happy here – I’ve got a wonderful staff of lawyers that I think very highly of who do a great job.” He added, “One of the things I enjoy the most is being a mention to the younger lawyers. I have an open door policy, and they know they can come in and ask a question and I’m not going to say ‘That’s a stupid question.’”
When asked about his longevity in the position, Riley says he never really contemplated another job once he started in the office. “I’m hard-wired to stay until the job’s done…and the job will never be done.”
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TENANT ASSISTANCE PROJECT TAPPED WITH THE LAURIE SMITH CAMP INTEGRITY IN SERVICE AWARD
The reason the Smith Camp Award includes “Integrity in Service” in its name is because the Award’s namesake – Judge Laurie Smith Camp – believed that the service and good works you do in your life can be incredibly important and meaningful, so long as you maintain, show, and embrace integrity throughout that service.
Our 2023 Award recipient – the Tenant Assistance Project of the Nebraska State Bar Association’s Volunteer Lawyers Project – is focused on integrity at every turn. Respect for less fortunate people facing eviction. Collegial and straightforward interaction with opposing counsel and parties. Creating pro bono opportunities for the local legal community.
In response to the housing crisis that came out of people not being able to work during the 2020 COVID crisis, TAP was started in April 2020 by Nebraska College of Law Professor Ryan Sullivan. Almost immediately, the Nebraska State Bar Association stepped in as steward of the program and by August 2020, TAP had expanded into Douglas County.
TAP works to facilitate limited scope pro bono opportunities for attorneys to help people facing eviction in both Lancaster and Douglas County. Attorneys volunteer 90 minutes to two hours of time on any given day to represent defendants in eviction actions. Many times that representation includes helping people apply for rental assistance, and negotiating extra time for the tenants to get that assistance, or move out without having an eviction on their record. In any given week in Douglas County alone, TAP helps more than 100 people facing eviction.
To date, more than 100 attorneys have volunteered with TAP, along with more than 100 community volunteers who are not attorneys. In speaking with Lia Bies, TAP Managing Attorney, she said that in Douglas County less than 2% of cases over the last year have ended with the outcome of immediate eviction. 50% of cases end up with the tenant getting caught up on rent and continuing to live in the home, 25% are given extra time to move out without an eviction on the record, and 23% are either dismissed or continued.
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TAP has facilitated over 1800 hours of volunteer work have been donated by local attorneys, with an estimated value of more than $360,000, and through the MACCH rental assistance project alone, more than $1,600,000 in rental assistance has been provided in the last year alone. The most meaningful statistic to Bies is that since the Project began, more than 1600 households facing eviction have been helped
The Award criteria are: For outstanding contributions, above and beyond the call of duty related to
Advancing Diversity and Inclusion,
Improving Access to Justice,
Providing Pro Bono Service,
Mentoring of Others,
Advancing Innovation in the Legal Profession; and/or
Serving and Representing the Legal Community.
The 2021 recipient of the Award was Judi gaiashkibos, Executive Director of Nebraska Commission on Indian Affairs, and the 2022 Award recipient was Deb Gilg, who we lost late last year and will be one of those honored at our Memorial Service on May 19th at the Legislative Chambers.
TAP has been a tremendous benefit to helping those in our community who are most vulnerable, and being an opportunity for meaningful pro bono service by our attorneys. A special thank you to all those attorneys who have volunteered through TAP.
Please join the OBA in congratulating the Tenant Assistance Project on their receiving this recognition and Award.
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JACOBS RECEIVES ELLICK AWARD FOR WORK WITH LAWYER REFERRAL SERVICE
OBA member Mark Jacobs is the 2023 recipient of the Alfred G. Ellick Lawyer Referral Service Award, and will receive the Award and recognition at this year’s Law Day Lunch on May 2nd .
This award is named after Alfred G. Ellick, Jr., who in 1962, during his year as OBA President, formed the Omaha Lawyer Referral Service, and recruited lawyers to join its ranks. As it was recalled in 1996,
Back in the 1960’s, many people who needed a lawyer were ‘scared and confused as to how to even contact an attorney,’ said Ellick. Moreover, after a legal aid program sponsored by Creighton University’s law school had been discontinued, the indigent of Omaha needing legal assistance had few options. Responding to the situation, Ellick and other concerned OBA members started both the Lawyer Referral program and the Omaha Legal Aid Society in 1962.
Today, 61 years later, the Omaha Lawyer Referral Service continues, with over 130 attorneys serving many as members of the Service for over 10 years and thousands of requests handled per year. This Alfred G. Ellick Lawyer Referral Service Award is in recognition for any attorney who has served with the program for 10 years or more. The OBA greatly appreciates the public service aspect this provides the public – a competent attorney answering legal questions and advising whether or not they have a case to pursue. This year’s Ellick Award recipient embodies this service to the public in their dedication to the program.
In addition to being part of the OBA LRS for 10 years, Mark Jacobs also serves as chair of the Lawyer Referral Service Committee, and twice previously presented CLEs as part of the Lawyer Referral Service program. Mark is a partner at the law firm Bressman Hoffman & Jacobs, and is married to attorney Jami Jacobs of the Douglas County Public Defender’s Office.
Please join the Omaha Bar Association in congratulating Mark on his Award, and thanking him for his longstanding commitment to and service with the OBA Lawyer Referral Service!
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MULLIN SELECTED FOR OBA LIFETIME ACHIEVEMENT AWARD, PRAISED FOR LEADERSHIP IN PROFESSION
The OBA is proud to present Mike Mullin with our Lifetime Achievement Award at the 2023 Law Day Lunch on Tuesday, May 2nd, in recognition for all the work and leadership Mike has shown through the years. As just the 12th person to receive the Award since its founding in 2001, Mike is joining a short but distinguished list of honorees within the Omaha Bar Association.
The Lifetime Achievement Award was initiated at the 2001 Law Day. The criteria under consideration for the award includes: (1) Exemplary service to the profession, (2) Support and service to the Omaha Bar Association, (3) Innovative contributions to improving justice, and (4) Longstanding commitment to mentoring in the law.
Mike has shown exemplary service to the profession as the most prolific mediator Nebraska has ever seen, with over 4,600 mediations completed to date, and a settle rate of approximately 90%. Mike’s mediation schedule is legendary, with 1 to 2 mediations a day up to 6 and a half days a week. In 2022, Mike set his record for longest mediation at 23 hours, thankfully on Zoom. (The unfortunate victim of that marathon mediation: the dinner date Mike had scheduled with his wife Joani, fellow OBA Past President Steve Bruckner, and his wife Anne.)
Mike’s dogged pursuit of mediated settlements in the most contentious of cases has no doubt saved the clients he has mediated many millions of dollars in attorney’s fees. Beyond that, however, Mullin is keenly aware of the important role he plays in the process. “We're seeing parties at what may be their worst whether they've lost a loved one, or caused the loss of someone else, or maybe their business is a risk of going under if they lose the case,” said Mike in an OBA “Bar Talk” interview in 2022. “You have to realize that these people are going through their worst times and you have to get them through it. It's almost kind of like
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being a midwife in a sense because you have to get people through the difficult process and get them to an ending that hopefully is a positive one for them.”
Mike’s service to the OBA is without question as well, serving on the Executive Council and then as OBA President in 2001-2002. Mike is still active in OBA activities, and continues to take on leadership roles in the House of Delegates of the NSBA, and previously served on the Board of Directors of the Nebraska State Bar Foundation. In a trend that doesn’t go unnoticed by the OBA, Mullin also did a tour of duty as President of the Omaha Barrister’s Club, the legal comedy troupe, in 1984-1985.
In many ways, what Mike Mullin has done in pushing effective mediation to the fore in Nebraska litigation has been a tremendous innovative leap towards improving legal outcomes in our community. While Mike is not alone in the mediation sphere—fellow OBA Past Presidents Mike Kinney and John Brownrigg have also been major actors in the area as well the volume of cases and scope of impact is greatest with Mullin.
Mentoring others in the profession is something that Mike has spent a large amount of time on, and the effects of that leadership and education will be felt for generations to come. Whether it’s a fellow mediator wanting to break down their last mediation to look for areas of improvement, a young attorney seeking advice for how to break into mediation, or just a colleague asking for direction on a case, Mike is someone who is always there to listen and offer advice in whatever way he can.
The OBA congratulates Mike Mullin on this well-deserved recognition, and thank him for all that he has done and continues to do for our legal community here in Omaha.
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2023 LAW DAY THEME: CORNERSTONES OF DEMOCRACY: CIVICS, CIVILITY, & COLLABORATION / JAY JACKSON KEYNOTE SPEAKER AT LOCAL LAW DAY LUNCH
Law Day is an annual event, originally conceived in 1957, when American Bar Association President Charles Rhynes envisioned a special national day to mark our commitment to the Rule of Law. The following year, President Dwight D. Eisenhower established the first Law Day. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.
Law Day is nationally sponsored by the American Bar Association to promote the legal profession and justice system in our country. The ABA encourages local bar associations to promote the day in their own community. For over 40 years, the Omaha Bar Association has held its own Law Day Lunch celebration, and works in conjunction with its Law Day Committee and with the Nebraska Paralegal Association, Nebraska Court Reporters Association, and The Daily Record, coordinate a month-long series of activities throughout the metro area.
The Law Day Theme the American Bar Association chose for 2023 is Cornerstones of Democracy: Civics, Civility, and Collaboration. In a statement released with the theme, the ABA states,
The United States is at a critical moment in its national history. We face a country divided over many issues—voting rights, policing, public health, and climate change to name a few. We have experienced decreasing faith in institutions and a growing distrust of one another. We have seen attacks on the justice system, the norms of our democracy, and the rule of law. These challenges are aggravated by a general lack of understanding of civics and by incivility in our public discourse. In this time of division, the legal profession must lead the way in promoting civics, civility, and collaboration the cornerstones of our democracy—to restore confidence in our democratic institutions, in the judicial system, and to protect the rule of law. We invite all the people of the United States to join us in rebuilding trust in our institutions, respect for one another, and our willingness to collaborate to address the challenges that face our nation.
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OBA Law Day Lunch will have Jay Jackson as the featured guest speaker, speaking on the Law Day Theme. Jackson is an attorney at Kutak Rock’s Omaha office and author of the book “Decent Discourse: Saving Your Country by Loving Your (wrong?) Neighbor,” published in 2022. A lieutenant colonel in the Air Force Reserve, Jackson spent 14 years on active duty in our armed services.
In August 2022, Jackson sat down with OBA Executive Director Dave Sommers to discuss Jackson’s book, Decent Discourse. [Listen to the interview on the OBA’s “Bar Talk” Podcast – available wherever you listen to podcasts.] The book offers a hopeful, helpful, and historical way to push back against the war-like language and echo chambers that dominate today’s political discourse. As Jackson describes, families and friendships are being torn apart, and more Americans than ever feel violence is justified to advance their political goals. Chapter by chapter, Jackson builds the case for decent discourse, showing how Americans have solved the immense challenges of our past with truth, humility, and compassion–in other words, by loving our neighbors (even when they might be wrong).
The OBA wants to thank Jay for being our 2023 Law Day speaker, and for his leadership on the very important topic of civil discourse in today’s charged climate. Jay’s remarks will be made available in our On Demand CLE library, where the 2023 Law Day Lunch will be posted and provided as a free 1 hour Nebraska CLE for all current OBA members.
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ALL RIGHTS RESERVED, OMAHA BAR ASSOCIATION, 2023
